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HomeMy WebLinkAbout904043 Rt.. LINC01_N (:('~ "'""/ contOz'~,~J{ No. 4-07-14-LO223 90 0 3 OkS~T2 ,':I'!: 15 DEPARTMENT Q~.. ~g INTERIi~.~ BUREAU OF~-'RECLAMATION~i~IG' Palisades Project, Idaho THIS AGRE]~NIENT, made this / ~ day of ~~ , 1994, pursuant to the Act of Congress approved June 17/ 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the Federal Reclamation Laws, between THE UNITED STATES OF AMERICA, hereinafter called the United States, represented by the officer executing this agreement, hereinafter called the Contracting Officer, and the STATE OF WYOMING, DEPARTMENT OF TRANSPORTATION; hereinafter referred to as the Grantee; and WITNESSETH, THAT: 2. WHEREAS, the United States, through the Bureau of Reclamation, Department of the Interior, has, pursuant to Federal Reclamation Laws, acquired certain lands needed in connection with the Palisades Project, Idaho; and 3. WHEREAS, the Grantee proposes to construct, operate and maintain a lined drainage ditch and stilling basin, across a portion of said lands owned by the United States; and NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do mutually agree as follows: 4. The United States hereby grants to the Grantee, subject to the terms and conditions of this agreement, an easement to construct, operate, and maintain a lined drainage ditch and stilling basin upon over, and across property of the United States within Lot 6, Section 29, T. 37 N., R. 118 W. of the 6th P.M., Wyoming, further described on the legal description attached hereto, marked Exhibit "A", by this reference made a part hereof. This easement is more particularly shown on the plat attached hereto, marked Exhibit "B", by this reference made a part hereof. 5. The Grantee shall use said premises for the purposes stated herein and agrees that in the use of said premises it shall conduct its operations in a good and workmanlike manner, and shall insure compliance with all local and State laws, and with all laws, regulations, and orders of the United States affecting such operations. The failure of the Grantee, after due 090404:3 , ,- 0623 notice, to abide by any of the terms and conditions of any of such applicable laws, rules, and regulations shall cause this agreement to be subject to immediate termination at the option of the Contracting Officer. 6. This right-of-way is granted subject to all rights previously acquired by third parties. Further, the rights granted by this agreement are not exclusive and shall not prohibit the United States from authorizing similar rights to other parties. 7. Palisades Reservoir is at full capacity at an elevation of 5620 feet, and according to the drawings submitted, half of the stilling basin is located in the reservoir. The Grantee is responsible for future maintenance on this system. 8. The Grantee agrees as follows: a. There is reserved to the United States, and to its successors and assigns, the prior right to use any of the right- of-way herein described to construct, operate, and maintain all structures and facilities, including but not limited to, canals, wasteways, laterals, ditches, roadways, electrical transmission lines, communication structures generally, substations, switchyards, powerplants, and any other appurtenant irrigation and power structures and facilities, without any payment made by the United States or the District, or their successors for such right. b. That if the construction of any or all of such structures and facilities across, over, or upon said right-of-way should be made more expensive by reason of the existence of improvements or works of the Grantee thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties hereto. Within ninety days after demand is made upon the Grantee for payment of any such sums, the Grantee will"make payment thereof to the United States, or to any of their successors or assigns constructing such structures and facilities across, over, and upon said lands. As an alternative to payment, the Grantee, at its sole cost and expense and within time limits established by the Government, may remove or adapt facilities constructed and operated by it on said right-of-way to accommodate the aforementioned structures and facilities of the United States. The Grantee shall bear the cost to the United States of any costs occasioned by the failure of the Grantee to remove or adapt its facilities within the time limits specified. c. There is also reserved to the United States the right of their officers, agents, employees, licensees, and permittees, at all proper times and places freely to have ingress to, passage over, and egress from all of said right-of-way for 2 , 0624 the purpose of exercising, enforcing, and protecting the rights reserved herein. d. That the United States and its employees and successors and assigns, shall not' be held liable of any damage to the Grantee's improvements or works by reason of the exercise of the rights here reserved; nor shall anything contained in this paragraph be construed as in any manner limiting other reservations in favor of the United States contained in this agreement. 9. The Grantee hereby agrees to indemnify and hold harmless the United States, its agents and employees, from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the Grantee's activities under this agreement. 10. The Grantee shall use, operate, and maintain its facilities in such a manner as not to interfere with the operation and maintenance of the Palisades Project, or with the administration of adjacent land or right-of-way owned by the United States. 11. Hazardous Waste. a. The Grantee shall comply with all Federal laws and regulations existing or hereafter enacted or promulgated with regards to any toxic substances that are used, generated by or stored on the right-of-way authorized under this agreement. Additionally, any release of toxic substances in excess of established reportable quantities shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. b. The Grantee agrees to indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste on the right-of-way (unless the release or threatened release is wholly unrelated to the Grantee's activity on the right-of-way) or resulting from the activity of the Grantee on the right-of-way. This agreement applies without regard to whether a release is caused by the Grantee, his agent or unrelated third parties. 12. Upon termination of this agreement for any reason, the Grantee shall, at the option of the Contracting Officer, remove all structures and facilities placed upon the premises by the 0904048 Grantee and shall restore the lands occupied by such structures and facilities to a safe and sightly condition satisfactory to the Contracting Officer. If the Grantee fails to remove its structures and facilities within sixty (60) days after termination of the agreement, such structures and facilities, at the option of the Contracting Officer, shall become the property of the United States, and the United States may remove the same and restore the lands at the expense of the Grantee, which shall promptly pay for such work upon receipt of billing. 13. The provisions of this agreement shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this agreement or any part or interest therein shall be valid until approved by the Contracting Officer. This provision, however, shall not apply to the placing of mortgages, deeds of trust, or similar liens upon the interest of the Grantee or upon the Grantee's own improvements on the premises; or to the pledge or assignment of this agreement as security for the financing of the Grantee; or to the voluntary or involuntary transfers in pursuance of such instruments. 14. This agreement can be amended as necessary upon the approval of the parties hereto. 15. This agreement shall terminate: a. At the option of the Contracting Officer if the Grantee fails to comply with any of the terms and conditions thereof. b. At the option of the Contracting Officer upon discontinuance of the use of the facilities constructed by the Grantee in accordance with the terms of this agreement for a period of twelve (12) consecutive months. c. At the request of the Grantee by giving written notice to the Contracting Officer. 16. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise herefrom. This restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit. O.904048 D6Z G IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE UNITED STATES OF AMERICA Sn~ '~or/~'ea ~l~.~J ~ources ~agement East t~.lreau of Reclamation GRANTEE State of Wyoming, Department of Transportation ~ At 0 0404a 062 7 STATE OF ~ ) : ss County of ~ ) On this /~ day of S~TA~O , 1994, personally appeared before me ~wo%d ', known to me to be the official of THE UNITED F AMERICA that executed the within and foregoingrinstrument and acknowledged said instrument to be the free and voluntary act and deed of said United States, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) No 1 cary~ 'c.i and for the State-~f~o, ~. Residing at /~,~4~Z My commissiOn Wxpires: ~-~{-~ STATE OF County of · ss J day of On this = -~.~, 1994, personally appeared before me ~,~/ ~ known to me to ~e the~m~,~/6°~,~ ~r~4~~F~--of the s~at-~ wyoming, Department of TransportaZion that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said ~ ~/~{/~m~/~4m , for the uses and purposes therein menti6~',~ and oK oath ~tated that they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. (SEAL) ~otary PubIic in and for the State of Residing at My commission expires: 6 0 90404;3 062:8 Exhibit "A" Ail that portion of Lot 6, Section 29, Fractional T. 37 N., R. 118 W. of the 6th P.M., Wyoming, being described as follows: Commencing at the center quarter corner of said Section 29; thence S.83o22,12.3,,W. a distance of 267.95 feet; thence N.28o13,56.98,,E. a distance of 9.37 feet to the point of beginning of a circular curve concave northwesterly, the radius of which is 954.93 feet; thence northeasterly along said curve through a central angle of 24°49'59.96'' a distance of 413.89 feet to the point of beginning of a 10048' spiral curve concave westerly, the spiral length of which is 360 feet; thence northerly along said spiral curve through a central angle of 10047'07.25'' a distance of 346.74 feet to a point; thence N.82o35,57.07,,E. a distance of 75 feet, more or less, to the True Point of Beqinning, said point of beginning also being a point located on the easterly boundary of a tract of land described in Book 83 PR at Pages 193-195 of the Lincoln County records, also being a point on the existing right-of- way boundary; thence N.7o24'02.98,,W. along the easterly boundary of said tract of land a distance of 330 feet; thence N.82o35,57.02,,E. a distance of 80 feet; thence S.7o24,02.98,,E. a distance of 290 feet; thence S.56o02,02.84,,W. a distance of 89.4 feet, more or less, to the point of beginning. The above described parcel of land contains 0.6 of an acre, more or less. 0 C) ~ ,-1 o 6::90'