HomeMy WebLinkAbout911487PIPELINE RIGHT-OF-WAY
?00461
STATE OF WYOMING
COUNTY OF LINCOLN
KNOW ALL PERSONS BY THESE PRESENTS:
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THIS EASEMENT, Made this 19th day of May, 2005, between ANADARKO LAND CORP.,
f/k/a UNION PACIFIC LAND RESOURCES CORPORATION, a corporation of the State of
Nebraska, Grantor, and AKA ENERGY GROUP, LLC., whose address is 2577 North Main Avenue,
Durango, Colorado 81301, 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 confessed and acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell and convey unto Grantee, and unto its successors and assigns,
an EASEMENT for a right-of-way for the construction, operation, maintenance, repair, and use of
one 12" O.D. buried natural gas pipeline and a site for a receiving facility, (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 Exhibits "A", "A-I" and "A-2" hereto
attached and made a part hereof, (hereinafter called "Right-of-Way") 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 Exhibits "A", "A-I" and "A-2" is for a strip of land thirty feet (30')
in width; however, Grantee shall have the right to use a seventy-five foot (75') right-of-way which
shall include the land fifteen feet (15') on one side of the centerline and sixty feet on the opposite
side of the centerline as described in the exhibits during the time that Grantee is actually
constructing the Pipeline; provided, however, the Right-of-Way shall be reduced to the thirty foot
(30') strip of land for the pipeline Right-of-Way and the seventy-five foot (75') wide strip for the
Receiving site described in the Exhibits 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
RECEIVED 9/2/2005 at 2:28 PM
RECEIVING # 911487
BOOK: 596 PAGE: 461
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER. WY
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
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 EASEMENT, 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 RODENTIClDE 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 ORANY 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, orany interest therein, without the written consent of
Grantor, which consent shall not be unreasonably withheld.
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 a continuous 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, subject to the events of force majeurel
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
may abandon underground pipelines in place, but shall remove any above ground facilities.
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
00463
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. Grantor, its successors and assigns, agrees to furnish Grantee an alternative route
across its property, if any, at no additional cost to Grantee, with the exception of damages to crops,
fences, livestock or water supply ditches.
In accordance with Section 1445(b)(2) of the Internal Revenue Code, Grantor, Federal ID
No. 13-2678588, 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.
Subject to the foregoing, the terms and conditions of this grant shall be applicable to
Grantee, its successors and assigns.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Agent and
Attorney-in-Fact, the day and year first herein written.
ANADARKQ_LAND CORP.
,/'J'a me~Li Newcomb
Its: ~;gent and Attorney-in-Fact
STATE OF TEXAS )
) SS:
COUNTY OF MONTGOMERY )
.2~¢LLLforegoing instrument.~, was
, :~005 ,by ,..J~/nO 1.5
Anadarko La'nd Corp.
acknowledged before me this /¢_{ day of
/~ 10t~.~) ¢~'¢~'b , as Agent and Attorney-in-Fact of
WITNESS my hand and official seal.
My commission expires ~r~do~. 1. ~i~6
Uot&ry~P~blic ....
(SEAL)
~] l'; ~" i:~i MY COMMISSION EXPIRES
L'~:~-'" January 7, 2006
__"_'_';; ...........
00464
EXHIBIT "A"
VEYOR$
1515 NINTH STREET, SUITE A
ROCK SPRINGS, WYOMING 82901
PHONE: (307) 362-75'19
FAX: (307) 362-7569
E-MAIL: mafl~jfc-wyo, corn
Legal Description
March 22, 2005
JFC File: 6582-05S
IdentificatiOn:
AKA Energy Group, L.L C.
Section 7, T 21 N, R 114 W, 6th P.M.,
Lincoln Count., Wyoming.
Owner: Union Pacific Land Resources
A strip of land being 30 feet in width located in the East Half (E¼) of Section 7, Township 21
North, Range 114 West of the Sixth PrinciPal Meridian, Lincoln County, Wyoming and lying 15
feet each side of the following described centerline:
Beginning at Station 175+10.13 which lies on the west line of the northeast quarter of said
Section 7 from which the northeast section comer thereof bears North 85°17'16" East a distance
of 2639.87 feet;
Thence South 40°10'21" East a distance of 4054.59 feet to Station 215+64.72 which lies on the
east line of said Section 7 fi'om which the east quarter comer thereof bears North 0°15'56" East a
distance of 664.10 feet.
The total length of described centerline is 4054.59 feet, or 245.73 rods, or .768 miles. The basis
of bearing for the above described centerline is True North derived from GPS.
Craig ~. No. 2928
casj:~datat6582castdocs~sT_.21_114, doc
00465
EXHIBIT "A-I"
VEYOt $
1515 NINTH STREET, SUITE A
ROCK SPRINGS, WYOMING 82901
PHONE: (307) 362-7519
FAX: (307) 362-7569
E-MA/L: mail~jfc-wyo, corn
Legal Description
March 7, 2005
JFC File: 6582-05S
Identification:
AKA Energy Group L.L.C.
Section 1 7, T 21 N, R 114 W, 6th P.M.,
Lincoln COttl~tys Wyoming.
Owner:
Union Pacific Land Resources
A strip of land being 30 feet in width located in the West Half (W%) of Section 17, Township 21 North, Range 114
West of the Sixth Principal Meridian, Lincoln County, Wyoming and lying 15 feet each side of the following
described centerline:
Begflming at Station 237+28.35 which lies on the north line of said Section 17 from which the northwest section
comer thereof bears North 89°45'28" West a distance of 514.67 feet.
Thence South 00° 10'02" West a distance of 647.00 feet to Station 243+75.35;
Thence South 45007'22'' East a distance of 175.28 feet to Station 245+50.63;
Thence South 02o12, 17" East a distance of 41.37 feet to Station 245+92.00;
Thence South 00°01'56" West a distance of 474.18 feet to Station 250+66.18;
Thence South 00042'47'' West a distance of 106.36 feet to Station 251+72.54;
Thence South 44°17'05" West a distance of 182.15 feet to Station 253+54.69;
Thence South 00°16'25" West a distance of 3741.94 feet to Station 290+96.63 which lies on the south line of said
Section 17 from which the Southwest section comer thereof bears North 89o55'42" West a distance of 519.00 feet.
The total length of described centerline is 5368.28 feet, or 325.350 rods, or 1.017 miles. The basis of bearing for the
above described centerline is True North derived from GPS.
Craig g. No. 2928
casj:ldata[6582cas[docsls17 21 i14. doc
00466
EXHIBIT "A-2"
1515 NINTH STREET, SUITE A
ROCK SPRINGS, WYOMING 82901
PHONE: (307) 362-7519
FAX: (307) 362-7569
E-MAIL: mail~jfc-wyo, corn
Legal Description
March 7, 2005
JFC File: 6582-05S
Identification:
AKA Energy Group, L.L.C.
Section 21, T 21 N, R 114 W, 6th P.M.,
Lincob~ County, Wyomb~g.
Owner:
Union Pacific Land Resources
A strip of land being 30 feet in width located in the South Half (S ½) of Section 21, Township 21
North, Range 114 West of the Sixth Principal Meridian, Lincoln County, Wyoming and lying 15
feet each side of the following described centerline:
Beginning at Station 391+13.31 which lies along the west line of said Section 21 from which the
southwest section comer thereof bears South 00°20'20" West a distance of 12.45 feet.
Thence South 89046'54'' East a distance of 4527.82 feet to P.I. Station 436+41.13;
Thence North 75°27'01'' East a distance of 324.83 feet to Station 439+65.96 which is a point on
the westerly line ora receiver site at which point the width of right-of-way expands from 30.00
feet to 75.00 feet, point also being the Point of Beginning of Said receiver site.
Receiver Site Description
Beginning at centerline station 439+65.96;
Thence South 15°01'13" East a distance of 21.00 feet to a point which lies on an existing fence
line rmming;
Thence North 74°59'41'' East along said fence line a distance of218.50 feet;
Thence North 15000'00" West a distance of 75.00 feet
Thence South 75000'00'' West a distance of218.50 feet;
Thence South 14059'26'' East a distance of 54.00 feet to Centerline Station 439+65.96 which is
the Point of Beginning of said receiver site.
AKA Energy Group, LLC
Section 21, T21N, RI14W
Page 2
EXHIBIT "A-2"
Continue Centerline Description
Thence from centerline station 439+65.96, North 73o42'26'' East tlu-ough said receiver site a
distance of218.56 feet to Station 441+84.52 which is a point on the easterly line of said receiver
site at which the width of right of way narrows from 75.00 feet to 30.00 feet, 15.00 feet each side
of the following described centerline;
Thence North 76042'23'' East a distance of 126.28 feet to Station 443+10.80;
Thence North 84026'44'' East a distance of 107.89 feet to E.O.S. Station 444+18.69 which lies
on the east line of said Section 21 from which the southeast section comer thereofbem-s South
00°12'30'' East a distance of 299.28 feet.
The total length of described centerline is 5305.38 feet, or 321.538 rods, or 1.005 miles. The
basis of bearing for the above described centerline is True North derived fi'om GPS.
Craig I. No. 2928
casj:ldata[6582 cas[docsis 21_21_ l t 4b.doc