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HomeMy WebLinkAbout875806 ¢"~r'~'~ !.,) ,. ? ~. ~ EA$EMENT DEED THIS EASEMENT DEED,.:. Made this day of M~,~ , between UINTA DEVELOPMENT COMPANY, a corporation of the State of Wyoming, Grantor, and MOUNTAIN GASi:RESOURCES, INC., a corporation of the State of Delaware, whose address i~it 12200 N. Pecos Street, Denver, Colorado 80234, Grantee. WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and othe~ good and valuable consideration, to it in hand paid by Grantee, the receipt .whereof is hereby acknowledged, has granted, sold and conveyed, and by:ithese presents does grant, sell and convey unto Grantee, and unto its successors and assigns, a PERPETUAL EASEMENT for a right-of-way for the construction, operation, maintenance, repair, r~newal, reconstruction and use of a buried 4" O.D. pipeline, (hereinafter called "Facility"), with necessary, appurtenances thereto, upon, along and under the surface of the land situate in the County of Lincoln, State of Wyoming, described in Exhibit "A", ~(hereinafter called "Premises") attached and made a part hereof, together with the right of ingress and egress to and from Premises 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 Facility of Grantee on the Premises; it being understood that the right so reserved to Grantor, its s~.lccessors and assigns, is retained along with the general right of Grantor, .its successors and assigns, to the use of the Premises for any purpose not inconsistent with the use by Grantee of said easement for the purposes herein defined. This Easement Deed 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 Qonditions, lim:i, tations, restrictions, encumbrances, reservations or interests of any person ?;hich may affect the Premises, whether recorded or unrecorded, and is made wi:~khout 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, (~rantee shall have the right to use a fifty foot (50') right-of-way which :~hall include the land twenty-five feet (25') on either side of the centerline described in the exhibit during the time that Grantee is actually construsting the Facility; provided, however, the right- of-way shall be reduced to the thirty foot (30') strip of land described in the exhibit at such time as Grantee completes construction of the Facility. 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 Premises or for any other damage whatsoever occasioned by subsidence of the surface of the Premises 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 Premises. All operations hereunder shall be conducted at the e×pense of Grantee and in compliance with alZ Federal, State and County laws, rules, ordinance~ and reguZations which are applicable to the area o~ 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 Premises hereunder, any statute, law, ordinance, rule, regulat~On 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 C.~sts and counsel fees, imposed upon or incurred by Grantor, its officers, empl:0yees and/or agents, resulting from, or connected with, such violation and/o:!~ viOlations. Grantee shall not sufficer or permit any mechanic's lien, or othe~ lien,. to be filed against said ]i. remises or any part thereof, by reason of work, labor, services, or materia~!.s 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 Premises, Grantee shall cause the same to be discha:~ged 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 elide 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 an¢~ 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 Premises 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, 10ss, damage, claims, demands, actions, causes of action, fines, penalties, c~sts and expenses of whatsoever nature, including attorney's fees and costs which may result from personal injuzy to or death of persons whomsoever, or damage to or loss or destruction of property or the environment, including theFacilit¥ of Grantee, and including environmental claims, natural resource dal~age claims, ~laims for environmental violations, environmental noncomplianoe,~ or environmental releases pursuant to the Solid Waste Disposal A~t, as amended by the Resource Conservation and Recover~ Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Superfund Amendments and Reauthorization Act (SARA), the Toxic Substance Control Act (TSC~)~, the ~azardous Materials Transportation Act, the Federal Insecticide, ~ung~ide and Rodenticide Act, the Safe Drinking Water A~t, Occupational Safety and ~ealth laws, and regulations pursuant thereto or to their state statutory' or regulatoz~ equivalents, or growing out of interference with the pre{per 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 injur~, death, loss, destruction or damagel, howsoever caused, grows out of or arises from or in connection with the construction, operation, maintenance, repair, renewal, reconstruction, removal o~ use of said Facility or the bursting of or leaks in said Facility, unless ca~lsed by the sole and direct negligence of Grantor or any of its affiliates or any of its or their officers, employees and/or agents, i~ The term "affiliate"!['(or "affiliates" as the case may be) as used herein means any corporation whichi 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 Premises or any.portion thereof for the uses heretofore stated for the period of one (1) year.'. In the event of abandonment of the Premises, or any portion thereof, either by non-use or otherwise, all rights herein granted shall cease and ter!~inate with respect to the premises so abandoned, and Grantee, its successors?or assigns, shall deliver to Grantor a recordable instrument evidencing thati~he title to the premises so abandoned is free and clear of said easement as~!well as any liens, encumbrances, clouds upon or defects in the title to salid premises created or permitted to be created by Grantee, its successors ,or assigns. Termination of the rights granted hereunder shall not relilleve Grantee, its successors and assigns from compliance with the covenents and agreements contained herein. If the facilities oz any portion thereof are abandoned, and Grantee fails to remove the facilities so abandoned and restore the portion of the Premises 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 agreea that the surface of any of the Premises 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 Premises 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 Premises. . 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 Facility ~o such new location or remove said Facility from the Premises, as Grantor m~y designate, whenever Grantor shall find that such Facility unreasonably interferes with Grantor's contemplated use of the Premises. All the terms, ~onditions and stipulations herein expressed with reference to said Facilit!i~ on the Premises shall apply to the Facility as modified, changed or reloclated within the contemplation of this paragraph. 3 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 withholdii}g 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 ;:ould be punished by fine, imprisonment, or both. IN WITNESS WHEREOF, i']rantor has caused these presents t° be signed by its Vice President, 'the da.y and year first herein written. ~'~'"~:'~2, ~ UINTA DEVELOPMENT COMPANY  I ts: ent · ~,,~, "' ~ STATE OF TEXAS ) COUNTY OF TARRANT ) before me this ~,~ day The foregoing instrument was ~pkn,owledged ' ~ of 'X,~rG'~..~ , 19if,' by ~ h''f'~/~-;e-~/~-5 , Vice President of Uinta Development Company. WITNESS my hand and official seal. '-- ...... --"£'_ 'f' i __ l _ _ _ J_L. I11: · EXHIBIT A Two strips of land thirty feet (30') in width lying within the Southwest Quarter of Section Thirty~five (35), Township Twenty-two (22) North, Range One Hundred Thirteen. (113) West and the Northeast Quarter of Section Three (3), Township Twenty-one (21) North, Range One Hundred Thirteen (113) West of the' Sixth (6th) Principal Meridian, Lincoln County, Wyoming, lying fifteen feet (15') on each side of the following described centerlines: ~trip No. 1: Commencing at a point on the South Line of Section 35, Township 22 North, Range 113 West pf the 6th P.M., said point being South 89o46'00" West, 5108.20 feet from the SoUtheast Corner of said Section 35; Thence North 29o05'39'' East, 658.06 feet; Thence North 40o11'30" East, 210.19 feet; Thence North 57o11'31" East, 407.64 feet; Thence North 69029'30" East to a Pqint of Terminus, said point being North 74057'30" West, 4104.33 feet from the Southeast Corner of said Section 35. Said strip of land is 1647).52 feet {99.73 rods) in length and contains an area of 1.13 acres, more or less. Str%9 No, 2: Commencing at?i~ia point on the North Line of Section 3, Township 21 North, Range 113 West ?f the 6th P.M., said point being Sbuth 89o37'10" West, 130.53 feet from th~ Northeast Corner of said Section 3; Thence South 29o05~39" West, 178.71 fee~ Thence South 34015'03" West, 282.46 feet; Thence South 36o26'05" West, 590.1150 feet; Thence South 17026'57" West, 590.41 feet to a point of. Terminus, said point being North 35o05'31" West, 1548.72 feet from the East Quarter CorDer of said Section 3. Said strip of land is 164~.08 feet (99.52 rods) in length and contains an area of 1.13 acres, more cr less.