HomeMy WebLinkAbout904042WETLAND COMMITMENT A G RE EMENT
RECEIVED
. :~bt] b~el&Tp~tt~k~F:l~lkl Midway Coal Mining
THIS ASREEMENT, entered into oa the ~ day of..,~"~.,_~_~.$J iqC, ' ,
Company, ~di~aaer refe~ed to as the Gg~~ ~ t~ Wyo~ng Departmcn~ oFtF]~po~O~ ~maaer refeged to as the
Depamnent.
WHE~AS, the Depa~ent is pla~ing a project to recons~c~ a pomon. 0~ fl~,~0~ff~ ~ighway No. 189 in Lincoln
CounW to be desi~ated as Project 011-3(012), which project will ~pact certain areas desi~ated as wetlands.
and;
~E~AS, the Depa~ent is obligated to ~tiga~e impacted wetlands to maintain the "no net loss" concept by substitution
or replacement methods
and;
~E~AS, Grantor o~s ce~ain lands in Lot 49, of Section 36, Resin'roy Township 22 North, Range 116 West of the 6ta P.M.,
Wyo~g, which have the potential to be developed as a wetland replacement area. Said area is more pa~icul~ly described as follows:
P~CEL NO. 1: All that poaion of Lot 49, Section 36, Rcsurvey T.22N., R. 1 !6~]; of the 6tn P.M], *~yo~ng,
described as follows:
Co~enc~g at the south 1/4 comer of said Section 36, (said comer being monumented by a_b~ass sm,W cap, LS-2~4, 1981)
from which the west 1/16 comer of ' , . o , -. , ....
Sectmn 1-36, Resu~ey T.21-22N., R. 116~. bern s S 89 54 11.6~W. a-dtst~ce.., . ~ z
of 372.932 meters (1,223.53 feet) ' '
(smd comer being monumentedby a brass survey cap, LS-164, 1989);~ ~ ~ C ' ' '.:
thence N. 46028'50.2" W. a distance of 245.181 meters (804.40 feet) to the point of begi~ing. 6fa dkcn.la[:~ Concave
southwesterly, the radius of which is 66.456 meters (218.03 ' ~ : ' : ~ :: ' '5 · ~" '
feet), also being thc True Point of Begi~ng, and at which ~0mt a hne tangent
to said cu~e bears S. 13o04'56.3" E.;
57'43'5t) 7"
thence northwesterly along said cu~e t~ough a cen~al ~gle of__ ~ ..... a distance of 66.944 meters (219.63 feet) to the
point of ending
thence
thence
thence
thence
thence
thence
thence
of said curve;
S. 80°46'10.4" W. a distance of 9.275 meters (30.430 feet);
S. 20 °06'31.1" W. a distance of 22.499 meters (73.82 feet);
S. 25°30'32.1" E. a distance of 14.490 meters (47.54 feet);
S. 75°41'06.1" E. a distance of 14.453 meters (47.42 feet);
N. 83030'53.9'' E. a distance of 18.985 meters (62.29 feet);
S. 37°39'01.7'' E. a distance of 16.610 meters (54.49 feet);
N. 76° 19'01.8" E. a distance of 10 821 meters (35.50 feet) to the point of beginning.
Basis of bearing fbr the above described parcel of land is S. 89 o 54'11.6" W. between the south 1/4'comer of Section 36 and the
west 1/16 comer of Section 1-36, Resurvey T.21-22N., R. 116W.
The above described parcel of land contains 0.162 of a ha (0.40 of a ac), more o~:less: .. :
PARCEL NO. 2: All that portion of Lot 49, Section 36. Rcsurvey T 22N ,,.R"..'lt:6W., of the 6th P.M., Wyoming,
described as follows:
Commencing at the south 1/4 comer of said Section 36, (said comer being monumented by a brass survey cap, LS-164, 1981)
from which the west 1/16 comer of Section 1-36, Resurvey T.21-22N., R. 116\V. bears
S. 89 o 54'11.6" W. a distance of 372.932 meters (1,223.53 feet) (said comer being monumented by an brass survey cap, LS- 164, 1980);
thence N. 40°07'10.4'' W. a distance of 221.132 meters (725.50 feet) m the Tree Point of Beginning;
thence N. 63°55'43.1'' E. a distance of 43.909 meters (144.06 feet');
thence N. 40°24'26.4" E. a distance of 22.691 meters (74.45 feet);
thence N. 29006'24.8'' E. a distance of 119.394 meters (391.71 feet);
thence N. 36034'42.4.' E. a distance of 30.757 meters (100.91 feet);
thence N. 11 °43'35.0" E. a distance of 60.720 meters (199.21 feet);
thence N. 60° 19'58.7" W. a distance of 45.204 meters (148.31 feet);
thence S. 29°45'20.7'' W. a distance of 86.262 meters (283.01 feet);
thence S. 19° 15'34.6" W. a distance of 53.569 meters (175.75 feet);
thence S. 7° 17'35.9~'~.W. a distance of 42.615 meters (139.81 feet);
thence S. °" ' " . _
41 =L12.0 ~W. a distance of 35.039 meters (114.96 feet);
thence a.. ~ .~w .~ t._, ~. a flfstance of 28.851 meters (94.66 feet);
thence S. 20024'52.5'. ~. a distance of 29.327 meters (96.22 feet);
thence S. 62 °27'[4:8" E. ~distance of 22.564 meters (74.03 feet) to the point of beginning.
Basis ofbe~ f&'}~above described parcel oftand is S. 89°54'11.6" W. between the south 1/4 comer of Section 36 and the
west 1/16 comer of Sectidn 1-36, Resurvey T.21-22N., R. 116W.
The above described parcel of land contains 1.305 ha (3.22 ac), more or less.
NOW THEREFORE, in consideration of the promises c0ft'thin6d l~erein, the l~hgies agree to the following terms and conditions:
The Department will undertake to develop a wetland o~ the~above described parcel and remain responsible for the wetland until
it becomes an established and viable wetland.
Grantor will allow the Department access to the wetland for development and 0hgmng maintenance operations until said wetland
becomes an established and viable wetland. '~ '~:~
The Grantor for and in consideration of One Thopsand Three Hundred Five and no\100 dollars ($1,305.00), in hand paid, agrees
for herself, himself, themselves, her, his, their, heirs, successors and assigns to commit and dedicate the parcel of land, described
herein as a wetland and shall take no actions that would adversely impact or significantly degrade the'~¢tland.' Said ~0n'~idera:tion
stated herein is part of the total consideration listed in the Memorandum of Agreement and should not be construed as a separate
payment. O~O40~:~
Grantor agrees that in the event future circumstances deem it desirable or appropriate that this 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 prcscribcd 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 thc u lt imate reestablishment of a viable wetland.
IN WITNESS WHEREOF, the untt~rsignedhereto have caused this A,dreement to be executed by the officers hereunto
duly authorized on this / T-Z~day of (,o ~, / ,2001,
nission
By:
THE \VYOMING DEPARTMENT OF TRANSPORTATION
irector
ACKNOWLEDGMENT
THE STATE OF WYOMING )
)§
COUNTY OF LARAMIE )
The foregoing instrument was acknowledged before me this
!
Witness my hand and official seal.
My comrmssion expires
Executed this
COUNTY OF ~'~ STATE OF
LARAMIE~ WYOMING
day of V~FM,,- ,2001,
ATTEST:
THE STATE OF COLORADO .)
)§
COUNTY OF ARAPAHOE )
/ ,;'.,~/ day of (/~/' ,/
-./-/, NOTARY PUBLIC
,2001, by
GRANTOR
THE P'tTTSBURG & MIDWAY
By:
Name:
Its:
ACKNOWLEDGMENT
The foregoing ipstmment was acknowledged before me this 28th
by ~.,].~, ,~. '~0~/h
COAL MINING CO.
.... :..: ,.
....
__ day of February ,2001,
NOTARY PUBLIC