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HomeMy WebLinkAbout957520WHEN RE ORDED MAIL TO: Mr. and Mrs. Christopher Hoeft P.O. Box 29 9 Jackson, W 83001 (Thayne A ministrative Site, Bridger -Teton NF) THIS QU UNITED Agricultu HOEFT, GRANT 6th Pr ncipal Meridian Th an rec Co Cont .'ning 0.723 acre, more or less. Hereby re the State QUITCLAIM DEED TCLAIM DEED is made this 5th day of January, 2011, by and between the TATES OF AMERICA, acting by and through the Forest Service, Department of hereinafter called GRANTOR, and CHRISTOPHER L. and BARBARA J. usband and wife, of the County of Jackson, State of Wyoming, hereinafter called ES. I --L 1 Che&&d asfo price, acreage, description, and condition of property, and found to be correct. RECEIVED 1/7/2011 at 4:33 PM RECEIVING 957520 BOOK: 760 PAGE: 222 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0®022 WITNES ETH: The Grantor, as authorized by Title V of the Forest Service Facility Realignm: nt and Enhancement Act of 2005 (16 U.S.C. 580d, as amended; 119 Stat. 559 -563; P.L. 109- 4), the provisions of which have been met, has determined that this conveyance is in the public interest. NOW T EREFORE, the Grantor, for and in consideration of the sum of EIGHTY -FIVE THOUS ND FIVE HUNDRED and No /100 DOLLARS ($85,500.00), the receipt of which is hereby du y acknowledged, does hereby remise, release, and quitclaim unto the GRANTEES, their succ ssors and assigns, all its right, title, interest, and claim in and to the real property situated i the County of Lincoln, State of Wyoming, described as follows: T. 34 N., R. 119 W., Sec. 3, that portion of the SW1/4NE1/4, more particularly described as follows: east 20 feet of Lots 10, 11, 12, 13, 14, 15, 16, and all of Lots 26, 27, 28, 29, 30, 31, 32 of Block 1, Van Noy Park Subdivision, Thayne, Wyoming, now on file and of rd in the Office of the County Clerk and Ex- Officio Register of Deeds, of Lincoln nty, Wyoming. easing and waiving all rights under and by virtue of the homestead exemption laws of f Wyoming. Page 1 of 5 CERCLA CLAUSE: The Forest Service Land Transaction Screening Process Worksheets; Lead Based Paint Inspection and Risk Assessment Report; and Asbestos Report. 000223 A. CERCLA Notice and Covenant Regarding Hazardous Substances. The notice and covenants contained in this Clause are required under Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9620(h). NOTICE REGARDING HAZARDOUS SUBSTANCE ACTIVITY. Pursuant to Section 120(h)(3)(A)(i) of the CERCLA, 42 U.S.C. 9620(h)(3)(A)(i), and based upon a complete search of agency files, the United States gives notice of hazardous substance activity at the Property by providing GRANTEES with the following reports and information: CERCLA COVENANT. Pursuant to Section 120(h)(3)(A)(ii) of the CERCLA, 42 U.S.C. 9620(h)(3)(A)(ii), THE UNITED STATES OF AMERICA warrants that: (1) All response action necessary to protect human health and the environment with respect to any hazardous substance and petroleum products on the Property has been taken before the date of this conveyance; and (2) It shall take any additional response action found to be necessary after the date of this conveyance regarding hazardous substances located on the Property on the date of the conveyance. This covenant shall not apply in any case in which the GRANTEES, their heir(s), successor(s), or assign(s), or any successors in interest to the Property or part thereof, are a Potentially Responsible Party (PRP) with respect to the Property immediately prior to the date of this conveyance, OR to the extent, but only to the extent, that such additional response action or part thereof found to be necessary is the result of an act or failure to act of the GRANTEES, their heir(s), successor(s) or assign(s), or any parties in possession after the date of this conveyance that either: i. Results in a release or threatened release of a hazardous substance that was not located on the Property on the date of this conveyance; OR ii. Causes or exacerbates the release or threatened release of a hazardous substance, the existence and location of which was known and identified to the GRANTEES as of the date of this conveyance. In the event GRANTEES, their heir(s), successor(s), or assign(s) seek to have GRANTOR conduct or pay for any additional response action, and, as a condition precedent to GRANTOR incurring any additional cleanup obligation or related expenses, the GRANTEES, their heir(s), successor(s), or assign(s), shall provide GRANTOR at least 45 days written notice of such a claim and provide credible evidence that the associated contamination existed prior to the date of this conveyance; and the need to conduct any additional response action or part thereof was not the result of any act or failure to act by the GRANTEES, their heir(s), successor(s), or assign(s), or any parties in possession. Page 2 of 5 Green wood door jamb located in the living room intact Green wood door jamb located in the garage intact Page 3 of 5 vOv224 GRANTOR reserves a right of access to all portions of the Property for environmental investigation, remediation, removal, or other corrective action. This reservation includes the right of access to and use of available utilities at a reasonable cost to GRANTOR. These rights shall be exercisable in any case in which a remedial action, removal action, or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, removal action, or corrective action on adjoining property. Pursuant to this reservation, THE UNITED STATES OF AMERICA, and its respective officers, agents, employees, contractors, and sub contractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test pitting, borings, data and records compilation, and other activities related to environmental investigation, and to carry out corrective, remedial, or removal actions as required or necessary, including, but not limited to, the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities or actions, shall be coordinated with the record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. B. The GRANTEES, their heir(s), successor(s), or assign(s) hereby agree to comply with any and all applicable Federal, State, and local laws relating to the management of lead -based paint (LBP) and asbestos containing materials (ACMs) associated with the property, including, but not limited to, any such laws relating to the mitigation, abatement, remediation, cleanup, renovation, demolition, and disposal of LBP and ACMs. THE GRANTEES further acknowledge that THE UNITED STATES OF AMERICA has taken all actions required under all Federal and State laws and regulations which are now in effect and which pertain to the investigation, assessment, and disclosure of LBP or LBP hazards. THE GRANTEES hereby acknowledge that the ACMs inspection testing and analytical results conducted at the property revealed that the floor tile by the back door was found to contain asbestos. It was removed in September 1994. In accordance with provisions of the LBP Poisoning Prevention Act, 42 U.S.C. 4821 -46, the Residential LBP Hazard Reduction Act, 42 U.S.C. 4851 et seq., and implementing regulations found at 24 CFR Part 35, THE GRANTEES have been provided with and hereby acknowledge the receipt of a copy of the Lead -Based Paint Inspection and Risk Assessment Report which was produced in accordance with 40 CFR Part 745 by Nova Consulting Group, Inc., dated September 17, 2008, and a Re- Evaluation Report, dated November 12, 2009, which documents the LBP inspection and risk assessment for the above described property. THE GRANTEES hereby acknowledge that the LBP Inspection and Risk Assessment and Re- Evaluation Reports reveal that deteriorated LBP over the action level of 1.0 milligram per square centimeter (mg/cm was detected on the following components: White wood walls located on the exterior poor condition Green wood window frames on the exterior poor condition Green wood trim located on the exterior poor condition White wood soffit located on the exterior poor condition White wood door located on the garage poor condition Reference is made to said Reports for further information. 00u225 C. The GRANTEES, their heir(s), successor(s), and assign(s), hereby agree to indemnify, release, defend, and hold harmless the United States, its agencies, employees, agents, assigns, and successors from and against any liability, judgment, claim, penalty, fine, or other adverse action (whether legal or equitable in nature, and including without limitation, court costs and attorney fees) brought against the United States after the date of this agreement by any person or entity under any Federal, State, or local law, including but not limited to environmental and tort laws, with respect to: (a) any LBP and/or ACMs associated with the property; (b) violations of Federal, State, and local laws and regulations which are now or may in the future become applicable to the property, subject to the remedial action, covenant, and warranty provided above by THE UNITED STATES OF AMERICA in accordance with 42 U.S.0 9620(h); and (c) releases or threatened releases on the property, or into the environment, of solid or hazardous waste, hazardous substances, or oil or petroleum products or their derivatives, after the date of this Deed. This covenant to indemnify, release, defend, and hold harmless THE UNITED STATES OF AMERICA shall survive the subsequent conveyance of all or any portion of the property to any person and shall be construed as running with the real property, and may be enforced by THE UNITED STATES OF AMERICA in a court of competent jurisdiction. IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this Quitclaim Deed on the day and year first above written pursuant to the delegation of authority promulgated in Title 7 CFR 2.60 and 49 F.R. 34283, August 29, 1984. Page 4 of 5 UNITED STATES OF AMERICA JEANNE A. EVENDEN Director of Lands and Minerals Intermountain Region USDA Forest Service STATE OF UTAH COUNTY OF WEBER )ss ACKNOWLEDGEMENT On this 5th day of January, 2011, before me, Lori Blickfeldt, a Notary Public in and for Weber County, personally appeared JEANNE A. EVENDEN, Director of Lands and Minerals, Intermountain Region, Forest Service, U.S. Department of Agriculture, the signer of the within instrument, who acknowledged to me that she executed the foregoing instrument, by duly delegated authority. LORI BUCKFELDT NOTARY PUBLIC STATE of UTAH 324 25TH STREET OGDEN, UT 84401 COMM. EXP. 11/30/2011 Page 5 of 5 r 000226 Notary Public for the Statjof Utah Residing in Layton, UT My Commission Expires 11/30/2011