HomeMy WebLinkAbout909268RIGHT-OF-WAY AND EASEMENT
For and in consideration of the sum of Ten Dollars and other good and valuable consideration in
hand paid, receipt of which is hereby acknowledged, Green River Livestock Company being a
Wyoming Corporation, the address of which is 106 Cedar Street, Rock Springs, Wyoming 82901, the
undersigned, hereinafter referred to as Grantor, does hereby grant and convey into Williams Gas
Processing Company, its successors and assigns, the address of which is P.O. Box 58900, Salt Lake
City, Utah 84158-0900, hereinafter referred to as Grantee, an Easement to survey, clear and excavate
for, lay, construct, operate, inspect, maintain, protect, repair, replace or remove one pipeline and
appurtenances only for the transportation of natural gas, oil or oil products from the well known as
Ewe #22-12 which can be transported through said pipeline along a route on, under, across and
through the following described land owned by Grantor, an easement or right of way 30 ft. in width, 15
fi. either side of the center line, situated in the County of Lincoln, State of Wyoming, to wit:
SE1/nSWl/4, SW1/nSE1/4, SE1/nSE1/4
Lincoln County, WY
Section 12, Township 23 North, Range 113 West,
hereby relinquishing and waiving all rights under and by virtue of the homestead exemption taws of
the State of Wyoming.
Said grant of easement is subject to the following conditions, exceptions and reservations:
1. Grantee shall keep and maintain the pipeline and backfill thereon in a good and
workmanlike condition.
2. Grantee shall bear the entire cost and expense incurred in connection with the construction,
maintenance, repair and renewal, and any and all modification, revision, relocation, removal or
reconstruction of the pipeline.
3. Grantee shall fully pay for all materials joined or affixed to and labor performed upon said
right of way and said other lands in connection with the construction, maintenance, repair, renewal or
reconstruction of the pipeline, and shall not permit or suffer any mechanic's or materialmen's lien of
any kind or nature to be enforced against said or other lands for any work done or materials furnished
thereon at the instance or request or on behalf of Grantee; and Grantee shall indemnify and hold
harmless Grantor from and against any and all liens, claims, demands, costs and expenses of
whatsoever nature in any way connected with or growing out of such work done, labor performed, or
materials furnished.
4. Grantee shall promptly pay or discharge all taxes, rates, charges and assessments levied
upon, in respect to or on account of the pipeline, so as to prevent the same becoming a charge or lien
upon said easement and other lands, or any other property of Grantor, and so that the taxes, charges
and assessments levied upon, or in respect to said easement or other lands and other property of
Grantor, shall not be increased because of the location, construction or maintenance of the pipeline or
any improvement, appliance or fixture connected therewith placed upon said right of way or other
lands, or on account of Grantee's interest therein. Where such tax, charges or assessment may not be
RECEIVED 6/16/2005 at 10:50 AM
RECEIVING # 909268
BOOK: 588 PAGE: 328
JEANNE WAGI'iER
LINCOLN COUNTY CLERK, I(EMMERER, WY
separately made or assessed to Grantee, but shall be included in the assessment of the easement or
other property of Grantor, then the Grantee shall pay to the Grantor an equitable proportion of such
taxes determined by the value of the Grantee's property upon said easement or other lands as compared
with the entire value of said right of way or other lands.
5. Grantee shall indemnify and hold harmless the Grantor from and against any and all
liability, loss, damage, claims, demands, costs, and expenses of whatsoever nature, including court
costs and attorney's fees, which may result from injury to or death of persons whomsoever, or damage
to or loss or destruction of property whatsoever, whether such injury, death, loss, destruction or
damage grows out of, or arises from the bursting of or leaks in the pipeline, or the explosion or
ignition, however caused, of contents carried therein or escaping therefrom, or in any whatever is due
to, or arises because of the existence of the pipeline or the operation, construction, maintenance, repair,
renewal, modification, reconstruction, revision, relocation or removal of the pipeline or any part
thereof, or the contents therefrom or therein.
6. Grantor shall have the right to construct and maintain fences over and across the easement
herein granted, as it may find necessary in the operation of its business.
7. Grantee shall pay reasonable damages for any injury to and all improvements on said lands,
including growing crops and native grasses, which injury may be caused by Grantee, its agents,
employees or contractors; and Grantee shall use diligence and cooperate with Grantor in all respects so
as to interfere as little as possible with Grantor's operations; Grantee shall reimburse Grantor or its
permittees for any livestock loss sustained by such Grantor or permittee and resulting from Grantee's
activities on the afore described lands.
8. Grantee shall not maintain upon the lands within this easement fences or other structures
which will retard or prevent livestock from grazing the lands covered by this easement
9. Grantee shall lay and maintain said pipeline so it will not interfere with the use of any ditch,
pond, reservoir or roadway, and to bury said line so it will not interfere with the use of the surface of
said premises.
10. This easement shall continue in force so long as said lands are used for maintenance and operation
of a pipeline for transportation of gas, oil or products thereof, but should such use terminate and
Grantee, its successor or assigns, fail to use such line for a period of twenty-four (24) consecutive
calendar months, this easement shall terminate, cease and be nullified as fully and effectually as
though this instrument had never been subscribed and delivered. In such event, Grantee, its successors
or assigns, may remove its pipeline and all of its fixtures, appurtenances and other property within the
said easement, and shall remove the same within six (6) months after Grantor and Grantee, its
successors or assigns, shall have no further rights thereto. Grantee, its successor or assigns, after any
such removal, shall restore the ground surface to its present condition and pay all damages caused
Grantor thereby; such restoration shall include reseeding said ground to such specifications as Grantor
may designate. Grantee shall also restore said ground surface to its present condition, including
reseeding to Grantor's specifications, upon initial construction hereunder.
· 003, 0
11. All rights herein granted are subject to all rights of way, easements and licenses heretofore
granted by Grantor and to the continuing right of Grantor to extend or renew any or all of said rights of
way, easements and licenses, or to grant new easements, rights of way or licenses; and this easement
will continue to be subject to any such right of way, or license which is extended, renewed or granted,
provided, however, that any newly granted easement shall be subject to the provisions of this grant.
12. The rights and permission granted hereunder are granted only for the purposes stated
herein. The rights and permission granted hereunder are granted only to Grantee and Grantee's agents,
employees or contractors and such permission and' rights are restricted to the uses indicated herein and
are given for no other purposes whatsoever. During the construction processes the Grantor
understands that it may be necessary for construction equipment to use lands adjacent to the 30 ft. right
of way for turning equipment around and for some construction procedures. Such uses will be
allowable during construction and when major repairs are needed. Restoration and liability conditions
mentioned above will be applicable to lands occasionally used by the Grantee, outside the easement or
right of way defined.
13. Grantor reserves the right to use the lands covered hereunder for its own purposes, so long
as such use does not interfere with Grantee's use thereof.
14. If default or breach shall be made in any of the conditions herein contained to be kept on
the part of the Grantee, Grantor may, at the election of Grantor, declare this Easement terminated and
said Easement shall thereafter be null and void and of no further force and effect, provided, however,
anything herein contained to the contrary notwithstanding, that Grantor shall not exercise such
termination by reason of any default or breach, unless and until the Grantor shall have given the
Grantee written notice, by certified mail, of such default or breach and unless the Grantee shall have
failed to remedy such default or breach within a period of Thirty (30) days after the mailing of such
notice, and provided further, that any indemnification provision hereunder shall survive such
termination.
15. Grantee shall pay all costs and expenses, including reasonable attorney's fees, incurred by
Grantor in the enforcement of any portion of this easement against Grantee or incurred in the recovery
of any damage for any breach hereof by Grantee.
16. Waiver by either Grantor or Grantee of any breach of any condition or provision of the
Easement shall be limited to the particular instance and shall not operate or be deemed to waive any
future breach or breaches of said condition or provision; the failure of either Grantor or Grantee to
insist, in any one instance or more, upon the performance of any of the conditions or provisions of the
Easement or to exercise any right or privilege herein conferred, shall not be construed as thereafter
waiving any such condition, provision, right or privilege, but the same shall continue and remain in full
force and effect.
17. Except as may be herein otherwise provided, all notices required or permitted herein shall
be deemed to have been properly given when sent by certified United States mail, addressed to the
Grantor or Grantee at the above addresses; the date of such service shall be the date on which the
notice is deposited in the United States Post Office; all notices shall be sufficient within the terms of
this Easement when signed by any one or more of the notifying parties or their agents, and mailed to
any one or more of the opposite parties; personal delivery of such written notice shall have the same
effect as notice given by mail; the above addresses may be changed for the purposes of the Easement
by notification of the opposite party in writing.
18. Whenever used, the singular number shall include the plural, the plural the singular, and
the use of gender shall include all genders; the covenants herein contained shall bind, and the benefits
and advantages shall inure to, the respective successors and assigns of the parties hereto; and Grantee,
its successors and assigns, may assign the rights herein granted in whole or in part, provided, however,
Grantee shall give prompt written notice of any such assignment to Grantor or its successors or
assigns.
IN WITNESS WHEREOF, this easement deed has been executed by the Grantor this
day of
Green River Livestock Company
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The foregoing Easement was ac~owledged before me by ~~O Mfl ~ ~~
of Grin River Livestock Comply.and/or Big Sandy Livestock Company, this
~~ne~an~ aBaxial seal.
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Project Name: Jackson Creek #21-12
W.O. 14007 LN-03610
00 32
November 25, 1998
WILLIAMS GAS PROCESSING
SHUTE CREEK GATHERING SYSTEM
JACKSON//21-12
CROSSING A PORTION OF GREEN RIVER LIVESTOCK CO. PROPERTY
SECTION 12, TOWNSHIP 23 NORTH, RANGE 113 WEST, 6THPM,
LINCOLN COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 12, Township 23 North, Range
113 West, 6thPM, Lincoln County, Wyoming, being 15 feet Northerly and 15 feet Southerly of
the following described survey line; which is the centerline of the existing 4 1/2" diameter
pipeline:
Beginning at a point located in the Southeast quarter of the Southeast quarter of Section
12, said point bears South 37°09'12'' West, a distance of 1975.6 feet from the East quarter comer
of said Section 12;
Thence North 0°01'54TM East, a distance of 16.0 feet;
Thence South 89020'04" West, a distance of 661.1 feet;
Thence South 82°45'51" West, a distance of 686.7 feet;
Thence North 55050'47" West, a distance of 289.0 feet;
Thence South 69042'22" West, a distance of 381.9 feet;
Thence North 39°56'53TM West, a distance of 170.2 feet;
Thence South 52o35'02" East, a distance of 144.7 feet to the end of the line at a point
located in the Southeast quarter of the Southwest quarter of Section 12, said point bears North
20o22'48" West, a distance of 1154.8 feet from the South quarter comer of said Section 12.
The length of the above described survey line is 2349.6 feet, or 142.400 rods, or 0.445
miles.
Dwg. No. A785.0-33-1
R/W NO. O3610
S:\WFSDS\MAPPING\DOCUMENT~WPLLEGAL\WYOMiNG\785L~785.0_33_ 1 .DOC
~ AB, 23+50.8 '-
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~ DETAIL ~ s 52~5'02· E
=~ , X N~ ; / I 20+34,7470 20'45' RT.
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Nw' / 18+33.1 FENCE
~; / / AB. 15+98.3
~ / / m+97.~ FENCE
~ ] / AB. 13+64,0
z~ / / 13+63.8 ~ 41~23'88' RT,
' / ~ ~ AB. 0+89.4
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14 13 (1/4 caR,) 13 '" 18
m m C~ATING, PLEXGUARD ~ ~ C~ATING, PLEXGUARD ~ m ~E ~-1~
~w 2' 227.2' - ~ (4 112')
_ m 3'-600~ VALVE ASSEMBLY
o~ METER RUN OUTLET . 4 1/2' O,D.
~ ' SEE D~G. STD-B-l-1035 x .237' ~.T. T:~ SEE D~G, STD-D-1-8017
SUBDIVISION DVNER FEEl MILES ACRES RODS
0+00 TO 23*49.6 GREEN RIVER LIVESTOCK C~, 2349,6 0.445 1,618 142,400
~ 1 11/3/98 ~$H AS-BUILT PER NOTES 10/9/98 14007 PB
~ NO. DATE BY DESCRIPTION ~.O.NO. CHK, APP, NO DATE BY DESCRIPT]ON ~.O.NO. CHK. APP.
INFO D~A~N~ ~Y DATE s=~E: ~=m~m~ WlLLIA~SGASPSOCESSING
DRA~N BY WSH 1113/98 COUNTY; LINCOLN ONE OF IH[ WILLIAMS COMPANIES
R/W,: 03610 SHUTE CREEK GATHERING SYSTEM
CHECKED BY PB li/3/9~
METER~: 97272 MARATHON - JACKSON CREEK ~21-12
APPROVE~ BY ~(~ i'Zl$~ 0+00 = 28+55,8 ON EWE
SURVEYED~ 8/31/98 (REF, DWG. A785.0-31~1)
ENGINEER BY DATE SEC, 12, T-23-N, R-113-W, 6thPM
DESIGNED BY SCALE: 1' = 1000' SHEET
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