HomeMy WebLinkAbout909269"::!i C. OU NTY OF]LiNCOLN
ALL PERS'oNSBY:THESE PRESENTS:
,":i' ;;i! ['. ~.. TH!.S .EASEMENT .':Made this 9th d"~i~,.f,, June, 2005;i.]Pe,~/veen .U NTA DEVELOPMENT
ii:.i:!;i~oMpAN¥?a::i~orp°[ati0n 0f-:~he State of v~ing Grant%i!~a¢ WiL. LIAMS-F ELD sERVICES.
.,, ~.tL ~goMpA'N~j, d':~o~poration'0f ~the State of'D'~are, whose 'ad:~S,s:i~ ~P:o..Box 6~5., WRC 3-4 ~
. ~'::::.~.:.:~UlS~,' OklahOma 74~'01, G~antee. "::::::?:~::]?:~?;". '~ ~..:%~ .'. '.'?.-: ~.~' ~:.:?-:. "" .,:.
.:7:; '.:~;?.;'..;;,;:-;' ~:~ESS'ETH'' Tha't..erantor, for a~::~;;~onsidera(i'O'~?~t~"'~;~b( Ten D°i ar~ ($ i0 00)'-
:;;;:;~'.r~gd'-~0t~;d~?gob;d and valuab, le;'Consideration:;:~::i'{: in hand paid.~;y G~a'h.(ed .the receipt whereof s
";:,;~berebY'a~n0~i'edged has granted, sold an~¢6~veyed, and by~;th~'se':P~'s'~nts';does grant; Se and
. ?:.'8'~nVey unto Grantee, and unto its successo~8~d assigns, an' EASE~ENT'for'a' right:oSway fOr the
:bonstruction, operation, maintenance, repaE:?i~bhewal, reconstruction and use of a 4 and one half
::inch (41/2'~) buried natural gas pipeline::;~'~;~herenafter called "Pipeline"); with necessaW
';~:appudena'nceS thereto, upon,.along and un~?the sudace o["the land situated in'the County of
' ,EinColn ..State. ef Wyoming, described in E~b~its "A" through :A,5"';(hereinafter called "Right-of-
' ;-.,:WAY") a{ta'~h~,and mad; a pad hereof tog~i~r with the rig'CJ%~;?g~¢'~S a'nd,egress to and from
. :?~.igHt=of~W~'~f~r.~he;purp0sepf exercising (~::::~ghts granted,.~;¢?:~.;'~:.,'?"-.;~:?:.: :':: ' ' :: ;'
,.;...t;.;".:,:.;.?,, ,,:[R~:¢E:EMJNG;':hewe~e:r;:to Orant~r, i(~{~cessors and:.~;{.~fgd~'~;~& right to cOnstrUct'at,any
': .';~;;~¢.d. al!:;{i~;;;~'bd td:m~'nt~i~;'roads highw¢~ .Pipelines anb.::~jff~:¢~:e~,'telegraph ;amd, e ectric
::~'~¥'~e'r::PCi.~;~':wi~e:;line~.:;;~er un'der a~a?,::~oss (but in not b~reasb~a'bly t0
': ,:inteffe¢~'¢i~fl'~.;~ai8 PiPelinb' ~{--Grante'e on t~?:~i'ght=of-way;::i{:.;~jng'::~de'rstood that the r ght S6
:.' rese~ed ;to G~antor, its su'cces~ors and assi¢~:is retained .ai0~ With:.~h~'general right of Grantor,
-,~;~:~[~itS successors and assigns, to the use of the'~.~'t-of-Way fora ny purpose.notinconsistent with:the
use by Grantee of said easement for the pu~B~es herein defined. .
;;;:;' . This.Easement is made subject to ~::~:btstanding 'l~.~s..and °{her outstand ngr ghts,
':: i,cluding, but not limited to, t~ose for highw'a:~nd other rOa'd'~S ~nd;'rights of way for irrigation
;;::~:ditches, pipelines, pole and wire lines and t~.::~ht of renewals'an'd extensions of the same, and
...... Subject also to al conditions, limitations, rest~lEi~¢ns, encumbrances, rese~ations or interests of any
' :';;;~':]Person Which may affect the Right-of-Way, ~ther recorded Or.anmcorded and is made without
. ?.8ovenant of title or for quiet enjoyment. ;.;;:~i~?:~??: .'
~';';: ';::::::¢i:'
' ";.:~, ~ The Easement described in Exhibits:~'~¢through "A-5" is fora ~(riP of land thidy feet (30') n
.;~::~:~idth; hoWever Grantee shall'have the right~se a fifty foo~ (¢0") dgh't~Of_way which shall include
~ ,;t~,;(he land ~ent~-five feet (25;)'°n either Side d~::~;'centerline described 'in the exhibit during the t me
:.':~;[;:~kat Grantee i¢ actually cOnstructing the Pi~i:~e; provided, ho'weve¢'~; the right-of2way' shall be
:~.':;;~reduced to.the thidy foot (20) strip of lan~;~Scribed in the exhibit'at such time as Grantee
· '?.~,~Ompletes construction of tke Pipeline. :(;.~::i~::?:~; . ,: ¢..;.':.--:." ' :" . ·
??,?;:.' ' The g~ant of Easement herein made i~;:~?the express:c~ditio, that eranto¢' its Successors
· ?:?:~k'd assigns, shall nOt be liable.to Grantee i~cessors or a~.S ~hs for a'~y damage °ccurri~g to
'.'~;~ttke installations made or t° be made by Gra:~8· upon the R'i.g~t~df~waY Or'for any,other damage
, ;~:~;Whatsoever occasioned by subsidence of t~.b'fface of the Righbof-Way;as a result of mining
;' :~ndern'eath the same or resulting in any oth';~?~&~ from the remOVal '°f;,~oal 0r other minerals in or
~?~:~nderlying the Right-of-Way .
:: ;~ ' - 'AIl::Operations hereUnder shall be cod~ECted at the expense of Grantee and in compliance
With all Federal, State and County laws, rule'~:,:~rdinances and:regulations which are applicable to
~?~'e'area:ef operations including but not limit~¢.~e .those pe~ain' ng to environment, fire, sanitation,
'-:' ~[ Pc Ilution; ~nd fish an~ ga:~'.. All opefati°,
f. as a result'of Grantee s O~at ons upon
::brdinan ce,',ru.le, regulation
d and indemnify Grantor, itgi~;~icers em
fines;;'~0Sts and'expen.~: ncud ng
emp:!ey~es and/or a
S:.' · :'-':!:!:.:
uffer.or permit an~ii~;ch.anic's
[%'¢eof, by' reaso~ii!,O,f. Work labo~-,;.'S~
~ suPp~lf~d to erant%?~'r anyone
lien, Shal at any ti~:~i'be filed again;~.~
shall be conducted in a
hbof-Way hereunder,
protect, save
agents, against and from
counsel fees, impOsed
or connected with,
~ther:lier~ :tOi'be filed again.st said
~vic~!;'?0.¢ m~terials Supp ed, or
U'nder. Grantee. If any'such
Right-of-Way, Gran~E~EIIVED
' ' .-;i'mecha
RE(::;
?' F~CEIW NG'# ;~ 909:269' -
BOOK: 588 :'-",;.';:'-~kGE: 334 .
JEANNE WAGNER
LINCOLN COUNTY .CLERK, KEMMERER, WY
RIGHT-OF.WAY
...0O335
cause the same to be discharged of record within thirty (30) days of the date of filing the same; and
if Grantee shall fail to discharge such lien within such period, then Grantor may, at its option,
discharge the same by paying the amount claimed to be due without inquiry into the validity of the
same and Grantee shall thereupon reimburse Grantor within thirty (30) days for any payment so
made.
Grantee is advised that the generation, transportation, treatment, storage and disposal of
hazardous wastes are controlled by the Federal Resource Conservation and Recovery Act of 1976
and regulations issued pursuant to the Act and subsequent Acts by the United States Environmental
Protection Agency (EPA) and/or state agencies. If Grantee's use of the Right-of-Way shall include
any regulated hazardous waste activities, Grantee shall obtain a hazardous waste permit from the
EPA or appropriate state agency and shall provide copy of same to Grantor.
Grantee, for itself, its successors and assigns, by the acceptance of this deed, agrees
to indemnify and hold harmless Grantor and its affiliates, their officers, agents, employees,
successors or assigns, against and from any and all liability, loss, damage, claims, demands,
actions, causes of action, fines, penalties, costs and expenses of whatsoever nature,
including attorney's fees and costs which may result from personal injury to or death of
persons whomsoever, or damage to or loss or destruction of property or the environment,
including the Pipeline of Grantee, and including environmental claims, natural resource
damage claims, claims for environmental violations, environmental noncompliance, or
environmental releases pursuant to the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), Superfund Amendments and Reauthorization Act
(SARA), the Toxic Substance Control Act (TSCA), the Hazardous Materials Transportation
Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Safe Drinking Water Act,
Occupational Safety and Health laws, and regulations pursuant thereto or to their state
statutory or regulatory equivalents, or growing out of interference with the proper operation
of signal, telephone or telegraph lines, or other electrically operated devices or
appurtenances of Grantor or its affiliates, or of its or their tenants, when such personal
injury, death, loss, destruction or damage, howsoever caused, grows out of or arises from or
in connection with the construction, operation, maintenance, repair, renewal, reconstruction,
removal or use of said Pipeline orthe bursting of or leaks in said Pipeline, unless caused by
the sole and direct negligence of Grantor or any of its affiliates or any of its or their officers,
employees and/or agents.
The term "affiliate" (or "affiliates" as the case may be) as used herein means any corporation
which directly or indirectly'controls, or is controlled by, or is under common control with Grantor.
Grantee shall not assign this Easement or any interest therein, without the written consent of
Grantor, which consent shall not be unreasonably withheld.
Subject to the foregoing, the terms and conditions of this grant shall be applicable to
Grantee, its successors and assigns.
For the purposes of this Easement, abandonment shall be defined as non-use of the Right-
of-Way or any portion thereof for the uses heretofore stated for the period of one (1) year. In the
event of abandonment of the Right-of-Way, or any portion thereof, either by non-use or otherwise,
all rights herein granted shall cease and terminate with respect to the Right-of-Way so abandoned,
and Grantee, its successors or assigns, shall deliver to Grantor a recordable instrument evidencing
that the title to the Right-of-Way so abandoned is free and clear of said Easement as well as any
liens, encumbrances, clouds upon or defects in the title to said Right-of-Way created or permitted to
be created by Grantee, its successors or assigns. Termination of the rights granted hereunder shall
not relieve Grantee, its successors and assigns from compliance with the covenants and
agreements contained herein.
if the facilities or any portion thereof are abandoned, and Grantee fails to remove the
facilities so abandoned and restore the portion of the Right-of-Way to which the abandoned facilities
are appurtenant to its original condition within ninety (90) days after receipt of notice from Grantor to
perform such activities, Grantor may perform such activities for the account of Grantee.
Grantee hereby agrees that the surface of any of the Right-of-Way disturbed in the exercise
of the rights granted hereunder to Grantee shall be reseeded by Grantee, at the sole expense of
Grantee, in a manner consistent with applicable Governmental requirements on comparable
adjacent areas of public lands. Grantee shall eradicate all noxious weeds from the Right-of-Way
and shall not allow the same to go to seed. Additionally, Grantee shall not change the location of or
injure any permanent fences or irrigation structures located on the Right-of-Way.
The Easement herein granted is subject to the needs and requirements of Grantor, its
successors and assigns, in the improvement and use of its property, and Grantee shall, at the sole
expense of Grantee, move all or any portion of said Pipeline to such new location or remove said
Pipeline from the Right-of-Way, as Grantor may designate, whenever Grantor shall find that such
Pipeline unreasonably interferes with Grantor's contemplated use of the Right-of-Way. All the
terms, conditions and stipulations herein expressed with reference to said Pipeline on the Right-of-
Way shall apply to the Pipeline as modified, changed or relocated within the contemplation of this
paragraph.
In accordance with Section 1445(b)(2) of the Internal Revenue Code, Grantor, Federal ID
No. 87-0185730, certifies that it is not a foreign corporation and withholding of Federal Income Tax
from the amount realized will not be made by Grantee. Grantor understands that this certification
may be disclosed to the Internal Revenue Service by the Grantee and that any false statement
made here could be punished by fine, imprisonment, or both.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed by it Vice
President, the day and year first herein written.
Attest:
· a ~,'N,~ .~
:," ~..%~ "..' r,. ~ "~..
COUNTY QF MONTGOMERY
)
) SS:
)
Its: Vice,~sident
Q..foregoing instrument was af, t(nowledged
, 2005, by (~~
DeVelopment Company.
before me this day of
, Vice President of Uinta
WITNESS my hand and official seal.
My commission expires
,¥'.¢.?-.".'.~\ SUZANN TURNER
~ ~.~. · ~' ~_,~/ ust 10, 2008
(SEAL)
Notary
EXHIBIT "A"
April 28, 2005
Williams Gas Processing
Moxa Arch Gathering System
Bruff 5-29
Crossing a portion of Uinta Development Property
Section 29, Township 20 North, Range 112 West, 6TH PM,
Lincoln County, Wyoming
A strip of land 30 feet wide across a portion of Section 29, Township 20 North, Range 112 West,
6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles from the following
described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline:
Beginning at a point located in the Northeast quarter of the Northeast quarter of Section 29, said
point bears South 41d22'51" West a distance of 1549.4 feet from the Northeast comer of said Section 29;
Thence North 31d47'40" West a distance of 126.7 feet;
Thence North 89d7'50" West a distance of 247.4 feet;
Thence South 68d52'23" West a distance of 238.5 feet;
Thence South 38d6'56" West a distance of 333.9 feet;
Thence South 22d36'43" East a distance of 320.6 feet;
Thence South ld22'1" East a distance of 536.0 feet;
Thence South 25d44'7" East a distance of 181.5 feet;
Thence South 34d5'23" East a distance of 237.1 feet;
Thence South 27d18'5" East a distance of 112.5 feet;
Thence South 18d19'55" East a distance of 365.6 feet;
Thence South 46d28'17" West a distance of 60.9 feet;
Thence North 60d30'31" West a distance of 88.9 feet to the end of the line at a point located in
the Northwest quarter of the Southeast quarter of said Section 29: said point bears South 74d13'14"
West a distance of 1462.4 feet from the East quarter comer of said Section 29.
The length of the above describes survey line is 2849.6 feet, or 172.703 rods, or 0.540 miles.
Dwg. No.
R/W No.
23A786.0-4-1
7235
K:~Ds~MAPPINGXD ocumentLLegal\Wyoming\786k23A7860-4-1 .doc
EXHIBIT "A-1"
April 28, 2005
Williams Gas Processing
Moxa Arch Gathering System
Bruff 4-29
Crossing a portion of Uinta Development Property
Section 29, Township 20 North, Range 112 West, 6TM PM,
Lincoln County, Wyoming
A strip of land 30 feet wide across a portion QfSection 29, Township 20 North, Range 112 West,
6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles from the following
described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline:
Beginning at a point located in the Southwest quarter of the Northeast quarter of Section 29, said
point bears South 51 d l '31" West a distance of 2260.1 feet from the Northeast comer of said Section 29;
Thence South 51d24'46" West a distance of 404.5 feet;
Thence North 68d1'49" West a distance of 66.2 feet to the end of the line at a point located in the
Southwest quarter of the Northeast quarter of said Section 29: said point bears North 65d27'29" West a
distance of 2383.1 feet from the East quarter comer of said Section 29.
The length of the above describes survey line is 470.7 feet, or 28.527 rods, or 0.089 miles.
Dwg. No. 23A786.0-5-1
R/W No. 7236
K:~DsXMAPPING~DocumentLLegal\Wyorning\786L23A7860_5_ 1 .doc
EXHIBIT "A-2"
.-. 0 0'3
April 28, 2005
Williams Gas Processing
Moxa Arch Gathering System ·
Bruff5-33
Crossing a portion of Uinta Development Property
Section 33, Township 20 North, Range 112 West, 6"r" PM,
Lincoln County, Wyoming
A strip of land 30 feet wide across a portion of Section 33, Township 20 North, Range 112 West,
6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles from the following
described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline:
Beginning at a point located in the Southwest quarter of the Northeast quarter of Section 33, said
point bears South 16d37'33" East a distance of 2595.9 feet from the North quarter comer of said Section
33;
Thence South 66d21'18" East a distance of 456.5 feet;
Thence South 69d22'23" East a distance ot'90.2 feet to the end of the line at a point located in the
Northwest quarter of the Southeast quarter of said Section 33: said point bears South 27d0'17" West a
distance of 3026.5 feet from the Northeast comer of said Section 33.
The length of the above describes survey line is 546.7 feet, or 33.133 rods, or 0.104 miles.
Dwg. No. 17A786.0-5-1
R/W No. 7195
K:~D s~MAPPING~D ocument~Legal\Wyoming\786\ 17A7860 -5-1. do c
EXHIBIT "a-3"
... 00340
April 21, 2005
Williams Gas Processing
Moxa Arch Gathering System
Whiskey Buttes 237-13e
Crossing a portion of Uinta Development Property
Section 13, Township 21 North, Range 112 West, 6TM PM,
Lincoln County, Wyoming
A strip 0fland 30 feet wide across a portion of Section 13, Township 21 North, Range 112 West,
6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles from the following
described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline:
Begimfing at a point located in the Southwest quarter of the Northeast quarter of Section 13, said
point bears South 16d32'30" East a distance of 2323.3 feet from the North quarter corner of said Section
13;
Thence North 80d32'50" West a distance of 436.1 feet;
Thence North 36d25'1" West a distance of 212.2 feet to the end of the line at a point located in
the Southwest quarter of the Northeast quarter of said Section 13: said point bears South 54d2'18" East
a distance of 3370.0 feet from the Northwest corner of said Section 13.
The length of the above describes survey line is 648.4 feet, or 39.297 rods, or 0.123 miles.
Dwg. No. 19A786.0-42-1
R/W No. 7920
K:LDs2vlAPP INGkD ocumentkLe gal\Wyorning\786\ 19A7860-42-1. doc
0034
EXHIBIT "a-4"
May l g, 2004
Williams Gas Processing
Moxa Arch Gathering System
Whiskey Buttes Unit #201-15e
Crossing a portion of Uinta Development Compay Property
Section 15, Township 21 North, Range 112 West, 6Tn PM,
Lincoln County, Wyoming
A strip of land 30 feet wide across a portion of Section 15, Township 21 North, Range 112 West,
6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles from the following
described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline:
Beginning at a point located in the Northwest quarter of the Southwest quarter of Section 15, said
point bears South 11 d51 '42" East a distance of 1297.2 feet from the West quarter comer of Section 15,
Township 21 North, Range 112 West;
Thence South 22°5Y23'' East a distance of 613.4 feet to the end of the line at a point located in
the Sonthwest quarter of the Southwest quarter of said Section 15: said point bears North 30d43'9" East
a distance of 936.4 feet from the Southwest comer Section 15, Township 21 North, Range 112 West.
The length of the above described stlrvey line is 613.4 feet, or 37.174 rods, or 0.116 miles.
Dwg. No. 20A786.0-31-1
R/W No. 7100
K:~D sXMAPPINGXDocumentLLegal\Wyoming\7 8 6L2 0A7 8 6.0-31 - 1.doc
EXHIBIT "A-5"
April 28, 2005
Williams Gas Processing
Shute Creek Gathering System
Cow Hollow Unit 217-27
Crossing a portion of Uinta Development Property
Section 27, Township 22 North, Range 112 West, 6TM PM,
Lincoln County, Wyoming
A strip of land 30 feet wide across a portion of Section 27, Township 22 North, Range 112 West,
6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles from the following
described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline:
Beginning at a point located in the Southwest quarter of the Northeast quarter of Section 27, said
point bears South 26d24'42" East a distance of 1986.1 feet from the North quarter comer of said Section
27;
Thence North 68d58'53" West a distance of 31.6 feet;
Thence South 62d35'10" West a distance of 464.5 feet;
Thence South 58dl 9'38" West a distance of 138.1 feet to the end of the line at a point located in
the Southwest quarter of the Northeast quarter of said Section 27: said point bears South 55d39'13" East
a distance of 3588.7 feet from the Northwest comer of said Section 27.
The length of the above describes survey line is 634.3 feet, or 38.442 rods, or 0.120 miles.
Dwg. No. 5A785.0-15-1
R/W No. 7411
K:X~Ds~vfAPPINGkD°cument~Legal\Wyoming\785 \5A7850- 15-1 .doc