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HomeMy WebLinkAbout901228Form E-53 Rev. ',"/97 Wyoming Deparf. lnent oT Transportation 17. 901228 TI-ES AGREE~,~NT, made and entered into this ta 2003 . bv and between Ivan Johns, fig. BTPS -~1205-0(006) 524 ~ON ~rover-Auburn Lincoln 31 day of December 1016 Lancaster Lane, Afton , WY 83110 {Landowner's name and address l xerein after referred to as "Landowner", and the W.vonm2g Department of Transportation hereinafter referred to as "Department. ~ '¥~qTN-E S SETH: xg,5t]ER_EAS, the Landoxvner is the owner office following described lmtd_ to wit: 181/2, 8ec24, T31N~ Rl1918 vhich land the Department believes to contain stone, ~avel, sand or sod o/'a quantity and quality desirsble for use bv the )epartment in construction and maintenance of highway projects; and. ,~z~.=~, the Department is desirous ot'obtainmg the righ~o t to go upon said !and to dig, drill, e:x~ract, search, explore md othem:ise test said material fbr hi.o_l~way purposes; an& '¥¥3tEREAS, the Department ~s also des~ro~ of obtaining the riaht to ~o upon smd land and to take therefi-om said stone, and. ~ravel or soil for the purpose herein stated, an& ~,x~g-t]SlLEAS, the Landowner ~s a~-eeable ro ~antmg the Department the exciuslve ri~xt and priv~:ege to enter upon said and for the hereinabove stated purposes. IT IS FL"RTt-rflER AGREED that ii' satmfactoD' and acceptable material :s located on fl~e Landowner's property, said ,andow:ner does hereby sell to said Department all of the sand, stone, ~m'avel or soil which said Department may remove fi-om said ,arcel of land from the date hereof tmti] the date of Bo r. q l xk'gx ? fi fl 5 , at the price of ..q I1 till "' cents ,er ton_ or 130 · 9 0 cents per cu. vd., ~vmg and ~anting the Department the nzht to enter upon smd parcel of land for the m~ov~ of said materials and to erect or const_mct thereon such machinery and eqmpinent as m the judgmem of the Depa~m~ent necessary and proper to ex-tract and remove fi-om the said land ancL/or process the mater/al herein purchased, the nmnber of tons r cubic yards to be determined accordin_o to me,ods prescribed in the current edition of Specifications For Road and Bridge 'onsm~cuon adopted by the Sate IXfglf ~way Conunission and the further right to enter upon said parcel of land to remove ant' such quipment, machineD', or structures placed thereon bv the Department. D THIS AGRh-~MENT is tbr remox~ of material tbr me on hi._o_hw-ay projects and maintenance only and removal by any other ersons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a :parate a~eement with the Landowner and only with prior written approval of the Department 1T IS FL~T-.TH]SR AGREED bv and betsveen the parties hereto, that the Department slmll have the rim'at to haul material tken fi-om said parcel of land, across anv land roamed by the Landowner. on routes mutually; a~eeable to the parties hereto. IT IS ALSO AGREED that the Landowner ~mves the Depan_ment the option to extend this Ageement tbr an additional .-ar upon the same terms and conditions as herein set forth. The Department will exercise this opt/on by notilymg the Landowner writing of its intention to do so prior to the termination of this A~eement. 1T IS FLrR75tER AGREED that any contractor operating under any a~eement or contract with the Department that will extract and remove said matenal~ shall be assigned the rights and obligations by the Department under this Agreement. and will be permitted to use -said parcel of land to stockpile and/or properly l~rocess ~aid material for highway purposes. Compensation for such right shall be $500.00 / year and in addition to any right and other consideration stated herein. akDDI~ONAL CONDFF~ON& 1. The premises will be lePc in a. neat condition with back slopes no steeper thtm:3 tS 1. 2. Under the word "process" used hereinabove, it is contemplated that there may be cases whereto controlled emission of smoke, 2unes, dust and odors will result. In such event, the Department.. its assi~m~s an~l contractors will control said emission and odors as requiredand in confbrmitv with existina Sate and Federal anti-pollution laws. 3. Stockpile unused reject material for the landowner's use This Ageement shall be binding on fl~e part~es' successors and assigns. IN- WITN-ESS kYEtEREOF, the parties hereto have caused this Ageement to be executed on the day and year fzrst heremabove written. STATE OF Wyoming COU2NTY OF Lincoln SS. 520-36-8395 ~ Tax I.D./Social Security # The fore,oma msmm~ent ~vas ackmowledoed before me bv Ivan . thi - day or' -TDx/ - ,a4 ?c O 4 Johns Wimess mv hand and official seal. Notary. Public