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HomeMy WebLinkAbout967154o 0 9 r Easement Agreement This agreement is entered into by the City of Kemmerer, Lincoln County, Wyoming, a municipal corporation under the laws of the state of Wyoming here in called "City" and MEEKS ENTERPRISES, LLC, a Wyoming Limited Liability Company, of 275 N Piney Cottonwood, Big Piney, WY 83113, herein called "Grantor." The City and Grantor are collectively called the Parties." WHEREAS, the City is a municipality and one of the services it provides is streets, together with storm sewer drains and related facilities; WHEREAS, the City currently has an easement on a portion of Grantor's land located within the boundaries of the City and on a portion of Grantor's land located within the boundaries of the Town of Diamondville, Wyoming where a portion of the City's storm sewer system drains through Grantor's land; WHEREAS, City and Grantor have discovered that Grantor's sanitary sewer system was connected to and drained through the City's storm sewer system; and WHEREAS, the City has discovered that it is in the City's best interest to reroute the stone sewer drain system from its current location; and WHEREAS, Grantor desires to install and utilize a septic system and tank for its sanitary sewer needs for the current permitted use of the its property instead of installing a sewer lift station and system to connect to the Kemmerer /Diamondville Joint Powers Board (JPB) sewer system; and WHEREAS, separate and apart from this agreement, the JPB has consented to and agreed in writing that Grantor may install and use a septic system instead of being on the JPB sewer system agreed and to refund or reimburse Grantor, in part for past payments made by Grantor to JPB based on the incorrect understanding that Grantor's sanitary sewer was connected to and draining into the JPB sewer system; and WHEREAS, the City wishes to assist Grantor in accomplishing these changes. THEREFORE, the Parties agree as follows. Section 1- City's Duties The City agrees to reimburse to Grantor, the sum necessary for Grantor to purchase a septic tank. City shall pay Grantor that sum, not to exceed one thousand three hundred seventy six dollars and thirty one cents ($1,376.31), upon receipt of evidence of the cost expended by Grantor for a septic tank. RECEIVED 10/1/2012 at 2:16 PM RECEIVING 967154 BOOK: 795 PAGE: 253 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Section 2- Grantor's Duties The Grantor agrees to properly execute and deliver to City the Easement that is identified as Exhibit A, attached hereto and made part of this agreement by this reference. Section 3- Duration. This Easement Agreement will become effective upon the last signature of an authorized agent affixing their signature hereto and remain in force until December 30, 2012 or until the duties of the parties have been satisfactorily performed, whichever occurs first. Section 4 General Requirements A. The contract contains all the terms and conditions agreed upon by the Parties. All items incorporated by reference are attached. No other understandings, oral or otherwise regarding the subject matter of this Contract, shall be deemed to exist or to bind any of the Parties hereto. Dated this City of Kemmerer: ZEM HOPKINS; May Dated this B. Grantor shall keep fully informed of all federal and state laws, all local by -laws, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority which in any manner effect those engaged or employed in the work or which in any way affect the conduct of the work. Contractor shall at all times observe and comply with such laws, by -laws, ordinances, regulations, orders and decrees in force at the time of award. t day of .fi i4 S 2012. day of Grantor: Meeks Enterprises, LLC: Attested to by: By: ,A its Managing Member 00254 GLENDA YOUNG, Clerk/ "ea m b-er 2012. Meeks Enterprises to City of Kemmerer Area South of Luthy Parcel A storm sewer easement being within Section 24 of the resurvey of T.21N., R.116W., 6 P.M., Town of Diamondville, Lincoln County, Wyoming, and being part of the Meeks Enterprises parcel as described and recorded in Book 607PR on page 879 on file in the Lincoln County Clerk's Office and being more particularly described as follows: Beginning at the south west corner of the parcel of land deeded to Luthy Concrete, Inc. as described and recorded in book 373PR, page 365 at the Lincoln County Clerk's Office where is found an aluminum survey cap on 5/8" rebar. Thence S 90 °00'00" W, 27.89 feet to a point. Thence S 45 °28'51" E, 28.52 feet to a point; EXHIBIT A City of Kemmerer 2011 Elk Street Storm Sewer Repair Thence S 90 °00'00" W along the common boundary line of said Meeks Parcel and said Luthy Concrete, Inc. parcel, 68.06 feet to the point of beginning The easement described herein contains 1716 square feet more or less. 0®255 Thence N 90 °00'00" E along a line offset 20.0 feet and parallel to the common boundary line of said Meeks and Luthy Concrete, Inc. parcels, 75.63 feet to a point on the easterly most boundary of said Meeks parcel. Said point also being a point on the westerly boundary line of the Lincoln County School District #1 parcel as described and recorded in book 18 on page 223 on file in the Lincoln County Clerk's Office. Thence N 00 °00'00" E along the common boundary line of said Meeks Parcel and Lincoln County School District #1 Parcel, 20.00 feet to the south east corner of said Luthy Concrete, Inc. parcel;