HomeMy WebLinkAbout909925STATE OF WYOMING
COUNTY OF LINCOLN
PIPELINE RIGHT-OF-WAY
RECEIVED 7/13/2005 at 12:33 PM
RECEIVING # 909925
BOOK: 590 PAGE: 890
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
KNOW ALL PERSONS BY THESE PRESENTS:
THIS EASEMENT, Made this 7th day of July, 2005, between UINTA DEVELOPMENT
COMPANY, a corporation of the State of Wyoming, Grantor, and WILLIAMS FIELD SERVICES
COMPANY, a corporation of the State of Delaware, whose address is P.O. Box 645, WRC 3-4,
Tulsa, Oklahoma 74101, Grantee.
WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and
convey unto Grantee, and unto its successors and assigns, an EASEMENT for a right-of-way for the
construction, operation, maintenance, repair, renewal, reconstruction and use of a 4 and one half
inch (41/2") buried natural gas pipeline, (hereinafter called "Pipeline"), with necessary
appurtenances thereto, upon, along and under the surface of the land situated in the County of
Lincoln, State of Wyoming, described in Exhibit "A" (hereinafter called "Right-of-Way")attached and
made a part hereof, together with the right of ingress and egress to and from Right-of-Way for the
purpose of exercising the rights granted.
RESERVING, however, to Grantor, its successors and assigns, the right to construct at any
and all times and to maintain roads, highways, pipelines and telephone, telegraph and electric
power pole and wire lines, over, under and across (but in such a way as not unreasonably to
interfere with) said Pipeline of Grantee on the Right-of-Way; it being understood that the right so
reserved to Grantor, its successors and assigns, is retained along with the general right of Grantor,
its successors and assigns, to the use of the Right-of-Way for any purpose not inconsistent with the
use by Grantee of said easement for the purposes herein defined.
This Easement is made subject to all outstanding leases and other outstanding rights,
including, but not limited to, those for highways and other roadways and rights of way for irrigation
ditches, pipelines, pole and wire lines and the right of renewals and extensions of the same, and
subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any
person which may affect the Right-of-Way, whether recorded or unrecorded, and is made without
covenant of title or for quiet enjoyment.
The Easement described in Exhibit "A" is for a strip of land thirty feet (30') in width; however,
Grantee shall have the right to use a fifty foot (50') right-of-way which shall include the land twenty-
five feet (25') on either side of the centerline described in the exhibit during the time that Grantee is
actually constructing the Pipeline; provided, however, the right-of-way shall be reduced to the thirty
foot (20') strip of land described in the exhibit at such time as Grantee completes construction of the
Pipeline.
The grant of Easement herein made is on the express condition that Grantor, its successors
and assigns, shall not be liable to Grantee, its successors or assigns, for any damage occurring to
the installations made or to be made by Grantee upon the Right-of-Way or for any other damage
whatsoever occasioned by subsidence of the surface of the Right-of-Way as a result of mining
underneath the same or resulting in any other way from the removal of coal or other minerals in or
underlying the Right-of-Way.
All operations hereunder shall be conducted at the expense of Grantee and in compliance
with all Federal, State and County laws, rules, ordinances and regulations which are applicable to
the area of operations including but not limited to those pertaining to environment, fire, sanitation,
conservation, water pollution, and fish and game. All operations hereunder shall be conducted in a
prudent manner. If, as a result of Grantee's operations upon or use of said Right-of-Way hereunder,
any statute, law, ordinance, rule, regulation or requirement is violated, Grantee shall protect, save
harmless, defend and indemnify Grantor, its officers, employees and/or agents, against and from
any and all penalties, fines, costs and expenses, including court costs and counsel fees, imposed
upon or incurred by Grantor, its officers, employees and/or agents, resulting from, or connected with,
such violation and/or violations.
Grantee shall not suffer or permit any mechanic's lien, or other lien, to be filed against said
Right-of-Way or any part thereof, by reason of work, labor, services, or materials supplied, or
claimed to have been supplied, to Grantee, or anyone claiming under Grantee. If any such
mechanic's lien, or other lien, shall at any time be filed against said Right-of-Way, Grantee shall
00891
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, bythe 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 or the 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:
COUNT ¢' OF MONTGOMERY
)
) SS:
)
/% ~-I-he foregoing instrument,, was a.F.,.knowledged
before me this ~4~,, day of
, Vice President of Uinta
WITNESS my hand and official seal.
My commission expires
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MYCOMMSSIONEXPIRES ~
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(SEAL)
3
EXHIBIT "A"
June 20,2005
00893
Williams Gas Processing
Moxa Arch Gathering System
Whiskey Buttes Unit 265-29e
Crossing a portion of Uinta Development Property
Section 29, Township 21 North, Range 112 West, 6TM PM,
Lincoln County, Wyoming
A strip of land 30 feet wide across a portion of Section 29, 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 Southeast quarter of the Northeast quarter of Section 29, said
point bears South 15d51'35" West a distance of 2426.5 feet from the Northeast comer of said Section 29;
Thence South 16d39'44" East a distance of 328.9 feet;
Thence North 89d12'33" East a distance of 110.7 feet to the end of the line at a point located in
the Northeast quarter of the Southeast quarter of said Section 29: said point bears South 88d57'19" West
a distance of 461.0 feet from the East quarter comer of said Section 29.
The length of the above describes survey line is 439.6 feet, or 26.642 rods, or 0.083 miles.
Dwg. No. 24A786.0-30-1
R/W No. 7696
K:~DsLMAPP ING~D ocumentLLegal\Wyoming\786\24A7860_30_ 1 .doc