HomeMy WebLinkAbout895128 REOEIVED
WETLAND COMMITMENT AGREElV[ENLTiNf,0LI,.I 00UNTY CLERK
THIS AGREEMENT, entered into on the ~,~ 7,J .~yl o$' ~'~'~ ~',',/ ,2003, bet~Veen LEIGH H. PERKINS,
· . .- . . . . .. c .L ti ~1~ ~ ~¢~A r- .
a joint Life Estate for his Life and the Life of h,s Wlf~"i~OMI M. PEI{KINS conveys
a vested rmnaining interest, hereinafter refen'ed to as the Grantor, and the Wyormng...D~p~[-r~.o'~
hereinafter referred to as the Department'.
WIIEREAS, the Department is planning a project to reconstruct a portion of the Grover- Auburn Road in
Lincoln County to be designated as Project ROW-1205(006), which project will impact certain areas designated as
wetlands.
and;
WHEREAS, the Department is obligated to mitigate impacted .wetlands to maintain the "no net loss" concept by
substitution or replacement methods
and;
WHEREAS, Grantor owns c~r'tain lahcis in Section 31, T. 33 N., R. 118 W. of the 6'~,P.M., Lincoln County, State
of Wyoming which have the potential to be developed as a wetland replacement area. Said area is more particularly
described as follows:
A portion of the. WV2S E~A of Section 3.1, T. 33, N., R. 118 W. of the 6th P.M., Wyoming, being described by metes
and bounds as follows:
Commencing at the southeast corner of said Section 31, said southeast corner being monumented with a brass
cap on a 2" pipe fi-om which the east quarter corner of said Section 31 bears N. 00027'00.8'' E. a distance of 2,645.4 lfeet;
thence N. 47038'42.9'' W. a distance of 1,954.10 feet to THE TRUE POINT OF BEGINNING;
thence S. 80°31'19.3.' W. a distance of 192.75 feet;
thence S. 57058'58.2'' W. a distance of 139.18 feet:
thence N. 08°20'58.1" W. a distance of 290.34 feet;
thence N. 07038'54.9'' E. a distance of 261.84 feet.
thence N. 05047'03.2'' E. a distance of 208.27 feet,
thence N. 03°00'59.1'' W. a distance of 108.32 feet;
thence S. 66°39'17'' E. a distance of 74.37 feet;
thence
thence
thence
thence S.
thence S.
thence S.
thence S.
thence S.
thence
thence
thence
thence
thence
thence
thence S.
thence S.
thence S.
thence S.
S. 21054'44.4" E. a distance o['43.17 feet;
due East a distance of 73.61 feet;
N. 17°10'08.7'' E. a distance of 77.44 feet:
85°32'18.3'' E. a distance of 111.84 feet:
18°26'18.3" E. a distance of 52.26 feet:
10°37'12.5'' W. a distance of 70.86 feet:
28037'44.5TM W. a distance of 76.37 feet;
64°46'09.9'' W. a distance of 108.69 feet:
S. 56043'45.3" E. a distance of 126.96 feet:
N. 89°56'55.1'' E. a distance of 100.38 feet:
S. 06°28'07.4'' E. a distanc~ of 156.04 feet:
S. 35°44'54.6 W. a distance of 37.91 feet.
N. 76°11'32.Y' W. a distance of 27.36 feet;
S. 69° 14'49" W. a distance of 44.25 feet;
03°24'44.6'' E. a distance of 36.62 feet;
23°29'21.6" W. a distance of 74.26 feet;
23034'57.5'' E. a distance of 109.51 feet;
12032'05.4'' W. a distance of 51.47 feet to the point of beginning.
The above described parcel of land contains 5.68 acres, more or less.
The bas:,s for bearing is the east boundary of the SE~.4 of said Section 31, it being N. 00o27'00.8'' E.
NOW THEREFORE, in consideration of the promises contained herein, the parties agree to the following terms
and conditions:
The Department will undertake to develop a wetland on the above described par.eel and,remain re.sponsible for
the wetland until it becomes an established and 'viable wetlalid.
Grantor will allow the Department access to the wetland for development and ongoing maintenance operations
until Said wetland becorhes an established and viable wetland.
The Grantor for and in consideration of Twenty-Seven Thousand Four Hundred Five and no/100 dollars
($27,405.00), in hand paid, agrees for herself, himself, themselves, her, his, their, heirs, successors and assigns
to colmnit and dedicate the parcel of land described herein as a wetland and shall take no actions that would
adversely impact or significantly degrade the wetland.
Grantor agrees that in the event future circumstances deem it desirable or appropriate that tlfis established
wetland be reduced, degraded or destroyed due.'to Grantor's actions or operations that Grantor shall be
responsible to mitigate such reduction, degradation or destruction using mitigation methods and measured
prescribed by the Department of the Army, Corp of Engineer, the Environmental Protection Agency or any other
appropriate Regulatory or Resource Agency. In so doing the Grantor assumes all responsibility for the success
of the subsequent mitigation and the ultimate reestablishment of a viable wetland.
In Lieu of the consideration payment stated hereinabove, and the Landowners being fully aware of the
compensation in which they are entitled to, have elected to donate the 5.68 acres for a wetland in exchange for
items of work agreed to by both parties and to be performed by the Department such as but not limited to the
survey work (DTM)and runa HEC-RAS program, which such work will be done on various creeks as agreed
to by both parties. '
THE TRANSPORTATION COMMISSION OF WYOMING
Dated this, the
ATTEST
~hi~c33 J. Wiehagen, Se3retary
day of ~/~7/~ r~ ~, ~.- ,2003.
THE TRANSPORTATION COMMISSION OF WYOMING
for the Wyoming Department of Transportation
ACKNOWLEDGMENT
THE STATE OF WYOMING )
)§
COUNTY OF LARAMIE )
The foregoing instrument was ac'knowledg~e~re me this ~::~/~day of _~ ~.~t,...~", 2003,
Witness my hand and official seal.
My ' ' " ·
Dated this, the ~
NOTARY PUBLIC
GRANTOR
day of ~x'~ °" '~/ ,2003.
GRANTOR
ACKNOWLEDGMENT
THE STATE OF l,,,,,Jot..'r~ .)
F~ )§
COUNTY O )
The foregoing instrument was acknowledged before me this
Wimess my hand and official seal.
My comnfission expires ~ ~ 0/10 7
day of '~~ ,2003.