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RECEIVED 11/8/2005 at 12:16 PM
RECEIVING # 913533
BOOK: 604 PAGE: 90
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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ACCESS ROAD AGREEMENT
THIS AGREEMENT, is made and entered into effective the 1st day
of July, 2005, by and between BELL BUTTE GRAZING PARTNERSHIP, A
LIMITED PARTNERSHIP, whose address is % Mr. Edward M. Bown,
Attorney at Law, 1015 East 3900 South, Salt Lake City, Utah
84124(hereinafter referred to as "Bell Butte") and Fairways
Offshore Exploration, Inc., a Texas Corporation, whose mailing
address is 13430 Northwest Freeway, Suite 800, Houston, Texas 77040
(hereinafter referred to as "Fairways").
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WIT N E SSE T H:
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THAT WHEREAS, Bell Butte is the owner of certain lands in
Townships 17 and 18 North, Range 119 West and Township 19 North,
Range 119 West, 6th P.M., situated in Uinta and Lincoln Counties,
Wyoming; and
WHEREAS, Fairways has requested Bell Butte to grant to
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Fairways a nonexclusive right to utilize and maintain certain
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access .roads approximately 50 feet wide and 14,536.47 feet or
880.998 rods in length, crossing certain portions of Section 21, in
Township 17 North, Range 119 West; Sections 17, 9 and 5, in
Township 18 North, Range 119 West, and Section 19, in Township 19
North, Range 119 West, 6th p.m., Uinta and Lincoln Counties,
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Wyoming; in connection with its oil and gas drilling and producing
operations involving the Federal 1-8 Well located in the NWl/4NEl/4
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and N1/2NW1/4 of Section 17, Township 19 North, Range 119 West, 6th
p.m., Lincoln County, Wyoming; and
WHEREAS, Bell Butte and Fairways desire to enter into this
Agreement in accordance with the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of the premises, and the sum
of Ten and NO/100 Dollars
($10.00),
and other valuable
consideration, in hand paid to Bell Butte by Fairways, the receipt
whereof is hereby acknowledged by Bell Butte, and in consideration
of Bell Butte entering into this Agreement with Fairways, and
Fairways agreement with Bell Butte to keep and perform all of the
covenants and agreements on Fairways part to be kept and performed
hereunder, as hereinafter set forth, the parties hereto covenant
and agree as follows, to-wit:
1. Bell Butte hereby grants to Fairways a nonexclusive right
to utilize and maintain certain access roads crossing lands owned
by Bell Butte approximately 5.0 feet wide and 14,536.34 feet or
880.998 rods in total length, in the SW1/4 and N1/2 of Section 21,
Township 17 North, Range 119 West, 6th p.m.; the NE1/4SE1/4 of
Section 17, the W1/2SW1/4 of Section 9, the Sl/2 of Section 5,
Township 18 North, Range 118 West, 6th p.m.; and the E1/2SW1/4 of
Section 19, Township 19 North, Range 119 West, 6th p.m., located in
Uinta and Lincoln Counties, Wyoming. The lands on which said access
2
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roads are located are more particularly shown,
identified and
described on Exhibits "A" through "E" annexed hereto and by this
reference specifically made a part hereof, and which lands are
sometimes hereinafter referred to as the "Premises".
During the life of this Agreement, Bell Butte, and other
parties similarly authorized by Bell Butte, shall have the right to
use and enjoy the said premises as the rights herein granted to
Fairways with respect to said premises as above set forth are not
exclusive, and Fairway will fully cooperate with Bell Butte and
said other authorized parties to the end that said Premises can be
used and continue to be used and enjoyed by Bell Butte and all
parties authorized by Bell Butte.
2. Fairways shall not have the right to sell, assign, lease,
sublease, rent, create a lien on, or otherwise in any manner
transfer this Agreement, or any part or portion thereof, or any of
the rights and interests granted to Fairways hereunder, or any part
or portion thereof, without the written consent of Bell Butte being
first had and obtained.
3. This Agreement shall remain in full force and effect
through June 30, 2006, and through all succeeding renewal license
years to which this Agreement is extended. A renewal license year
hereunder (hereafter "renewal year") shall be the twelve-month
period from July 1, through June 3D, of the following year.
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4.
Fairways will concurrently herewith pay to Bell Butte by
check, at its address above set forth or at such other address as
Bell Butte may designate by written notice to Fairways, the sum of
$7,928.98, as rental for the premises through June 30, 2006, and,
shall pay to Bell Butte, in advance, rental in the sum of
$7,928.98, but to be adjusted according to the formula as
hereinafter set forth, on or before the 1st day of July, 2006, and
shall pay a like amount, in advance, to Bell Butte on or before the
1st day of July of each renewal year thereafter so long as this
'" Agreement remains in effect for the use of the premises as
identified and shown on said Exhibits "A" through "E" annexed
hereto, but to be adjusted according to the following formula
provided, however, that in no event shall the total annual rental
for use of the Premises for any renewal year after the first
license year be reduced below the total annual rental owing and
paid for the immediate preceding renewal year.
Ra =
$7,928.98
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where
Ra above set forth is the annual rental payment due
on or before July 1, 2006 and on or before each July 1,
thereafter to be used in determining the amount required
to renew this Agreement for the next succeeding renewal
year under this Paragraph 4;
4
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C00094
Ia is the Consumer Price Index All Urban
Consumers, U.s. City Average, All Items (1982 - 84 Base
= 100) published by the U.s. Department of Labor, for the
month of April immediately preceding the 1st day of July
of the applicable renewal year of adjustment.
Ib is the consumer price index (as defined above)
for the month of July, 2005.
In the event the consumer price index is discontinued or
revised, such other government index with which it is replaced
shall be used in order to obtain substantially the same result as
would be obtained if the consumer price index had not been
discontinued or revised.
In addition, each total annual renewal rental payment for
said premises paid to Bell Butte by Fairways hereunder shall also
be properly identified by reference on the check or sight draft or
in accompanying materials to this Agreement to Fairways file number
assigned to this Agreement to be provided to Bell Butte
concurrently herewith to identify this Agreement.
5. It is understood and agreed that the said Premises herein
shall only be utilized by Fairways in connection with Fairways
subsurface oil and gas drilling, producing operations involving
said Federal 1-8 Well located in the NWl/4NE1/4 and Nl/2NW1/4 of
said Section 17, Township 19 North, Range 119 West, 6th p.m., and
that nothing herein contained shall give or grant to Fairways any
right or authorization to utilize said Premises, or to travel
5
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across or use any other land(s) or road(s) owned or controlled by
Bell Butte, to obtain access to any adjoining or other lands for
the purpose of Fairways oil and gas drilling and producing
operations, or for any other uses or purposes whatever, without the
written consent of Bell Butte Being first had and obtained.
6. Bell Butte shall pay all County taxes assessed against
said Premises, based upon the valuation of the surface of said
Premises at the time of such assessment except as otherwise
provided in this paragraph.
Fairways shall pay all County tax assessments based upon
any and all improvements whatsoever placed upon said premises by
Fairways.
Fairways shall also pay all County taxes, if any, assessed
against said premises because of additional value placed thereon
for tax purposes by reason of improvements placed upon said
premises by Fairways, and Fairways shall, within thirty (30) days
after written notice from Bell Butte, reimburse it for Fairways
share thereof.
Provided, however, in the event Fairways deems any such
assessments to be unreasonable and wishes to appeal the same, Bell
Butte agrees to cooperate in every reasonable way with Fairways in
the handling of any such appeal, it being agreed that Fairways
shall bear any and all costs of such appeal and in the event such
6
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appeal by Fairways is successful and Bell Butte receives money or
credit as a result thereof, Bell Butte will payor credit Fairways
any portion thereof properly allocable to Fairways.
7. Bell Butte makes no warranties or representations
hereunder of any kind and nature with respect to its titles to said
premises, and all of Fairways rights and interests hereunder and
the use of the premises by Fairways are all expressly subject to
all superior rights, in law or in equity, of every kind and nature
and whether recorded or not recorded, including, but without
limitation, the following, to-wit:
(a) All reservations, limitations, and conditions of the
underlying Patents covering said premises and the rights
of any party, or parties pursuant thereto;
(b) All grants, conditions, limitations, and reservations, if
any, of record, or arising by operation of law, and the
righes of any party or parties pursuant thereto;
(c) All easements or rights of way of record and all
easements or rights of way, if any, not recorded, but
which have been established and now exist by operation of
law upon said premises or any portion, or portions,
thereof;
(d) The right of Bell Butte to graze, or authorize the
grazing of livestock on, near or around said premises;
and the rights of the owner(s) of the mineral estate(s),
and the terms and conditions of and the rights of Bell
Butte and all party, or parties, under all existing and
future Bureau of Land Management or other grazing
licenses and permits, oil, gas, mineral or other
lease(s), access road agreements, or surface owner(s) or
other agreement(s), and all other agreements and licenses
and permits of every kind and nature, covering any
portion, or portions, of the lands included in the
7
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subject premises¡ and the right of Bell Butte to renew
or extend said leases and agreements¡ or enter into new
leases and/or agreements and licenses and permits
referred to under this sub-paragraph (d) above¡ at the
sole discretion of Bell Butte.
(e) The rights of any party¡ or parties¡ under any underlying
deed constituting the record chain of title from Patentee
to Bell Butte.
8. At Fairways sole cost and expense¡ and during the
the life of this Agreement and continuing until Fairways has fully
performed all of its covenants and agreements hereunder¡ Fairway
shall:
(a) Maintain and keep said premises clear of refuse' and
litter caused by Fairways.
(b) Not disturb range improvements ¡ such as fencing or
reservoirs¡ etc.¡ if any¡ within the premises¡ or¡ where
disturbance is necessary ¡ Fairways shall leave such
improvements in the original or better condition, as
determined by Bell Butte and Fairways;
(c) Construct. and maintain adequate water breaks on all
disturbed slopes, if any;
(d) Effect a minimum of vegetative or soil disturbance,
consistent with practical maintenance operations, and
will smooth and maintain all disturbed areas to conform
as nearly as practical with the adjacent terrain, and
provide and maintain adequate water drainage to minimize
erosion;
(e) Comply with all Federal, State and local Laws¡
ordinances, and enactments, and with all lawful rules,
regulations and orders of all regulating agency, or
agencies, applicable to Fairways use and maintenance of
the premises and operations under this Agreement,
including, but without limitation, environmental, water,
noise and air pollution control, erosion control, toxic
8
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waste, hazardous substances and material issues and
matters.
(f) Indemnify and hold and continue to indemnify and hold
Bell Butte and its partners, officers, agents and
employees harmless from and indemnify and defend them,
and each of them, against (a) any and all damages,
claims, costs and expenses resulting from Fairways
failure to comply with said Federal, State and local
Laws, ordinances and enactments and rules, regulations,
and orders set forth in preceding Paragraph (e) above;
and (b) any and all damages, claims, demands costs and
expenses arising out of damage to livestock and property
or injury to or death of Fairways employees or any other
person(s) whomsoever, where such injury, death or damage
arises out of, results from, or is in any way connected
with Fairways rights and operations under this Agreement.
(g) Indemnify and hold and continue to indemnify and hold
Bell Butte free and harmless from and against any and all
claims and liens upon the premises for labor or materials
furnished to Fairways; its agents, or contractors and
shall take all necessary actions to forthwith remove such
liens from all public records or otherwise, as requested
by Bell Butte.
(h) Leave all gates closed, and in those instances where said
premises shall cross existing fence lines, cattle guards
shall be installed by Fairways in accordance with
specifications agreed to by the parties.
(i) Conduct all operations hereunder in a fair and reasonable
manner, and all necessary precautions shall be taken to
avoid damage to gates, bridges, culverts, cattle guards,
fences, dikes and other stock watering facilities. All
damage to the above-named facilities shall be immediately
reported to Bell Butte and shall be forth with repaired
by Fairways, as nearly as possible to the condition
existing prior to such operations. Any public hazard,
such as damaged bridges or culverts, caused by Fairways
use of the premises, shall be marked or barricaded, and
proper steps taken for the repair thereof by Fairways;
and
9
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Not fence the whole or any part of the premises included
in this Agreement, without the written consent of Bell
Butte being first had and obtained.
(k)
Take reasonable steps to control all infestation of
noxious weeds on the subject premises as requested by
Bell Butte.
(I)
Take reasonable steps to not permit any dogs or other
animals to be kept in the area which could cause any
death or damage to livestock grazing on, near or around
said premises.
(m)
Take reasonable steps to inform its employees, agents,
and contractors of the presence of livestock on, near and
around the premises and of the need for caution when
livestock are present.
(n)
Post and maintain a 25 MPH speed limit sign for all
vehicles being operated on the said Premises by Fairways
employees, agents, contractors, etc., and take reasonable
steps to inform all such persons of said speed limit and
necessity of compliance therewith.
(0)
Keep dust controlled on said Premises caused by Fairways
activities thereon as requested by Bell Butte.
(p)
Concurrently herewith obtain, maintain and deliver to
Bell Butte satisfactory evidence of Fairways policy of
liability insurance in a company satisfactory to Bell
Butte and naming Bell Butte as a co-insured party
insuring Bell Butte against all liability, including,
without limitation, property damage and personal injury
in an amount no less than one million ($1,000,000.00)
which may result from Fairways use and drilling and
producing operations hereunder and in the area. Such
insurance policy must remain in full force and effect for
so long as is specified by Bell Butte but not to exceed
three (3) years after the termination of this Agreement.
A copy of such insurance policy marked Exhibit "F", is
annexed hereto and by this reference specifically made a
part hereof. Fairways to furnish Bell Butte on or before
July 1, of each renewal year hereunder, a written
statement from such insurance company that the policy is
in full force and effect and Bell Butte is a continuing
10
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proper authorized co-insured party thereunder for each
succeeding renewal year hereunder.
9. Upon the termination of this Agreement for any cause or
reason, Fairways, at its sole cost and expense, shall surrender the
entire premises, to Bell Butte and shall leave said premises in a
condition which complies with all laws, including applicable
environmental laws, and all other lawful regulations and orders;
and the entire premises will be restored and reseeded by Fairways,
to its original condition as nearly as possible as soon as
conditions permit, the reseeding to be done by drilling with a
drill equipped with a depth regulator, to assure even depth of
planting.
Seeding will be done during the months of September
and/or October, or at such other time as agreed between the
parties. The seeding shall be repeated ,until a stand is obtained
that is satisfactory to Bell Butte.
All such restoration and
reseeding is to be completed by Fairways in a timely manner using
specifications designated by Bureau of Land Management on adjacent
Federal Sections and approved by Bell Butte prior to such initial
seeding and reseeding.
Upon the termination of this Agreement from any cause or
reason, Fairways shall also forthwith prepare, execute, acknowledge
and deliver to Bell Butte for its approval such document for
recording with the proper County Recorder by Fairways, as the case
may be, as will fully release and terminate all of Fairways rights
hereunder or all of Fairways rights hereunder.
11
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10. This Agreement is made upon the condition that Fairways
shall perform all the covenants and agreements herein set forth to
be performed by it, and if at any time there shall be any default
on the part of Fairways hereunder, this Agreement shall not
terminate, except as hereinafter provided to-wit:
(a) In the event Fairways shall default in the payment of any
annual rental payment promptly on the date when the same
shall become due and owing hereunder, and Fairways shall
fail to pay the same to Bell Butte within thirty (30)
days after written notice of such default being given by
Bell Butte to Fairways at its address above set forth¡ or
(b) In the event Fairways shall default in the performance of
any other covenant and agreement hereunder on its part to
be kept and performed, and if Fairways shall fail to cure
such default or to commence steps reasonably designed to
cure such default within thirty (30) days after written
notice of such default being given by Bell Butte to
Fairways at its address above set forth, or after weather
and soil conditions first permit repair, if the default
be of such a nature,
then and in such event, or events, this Agreement at the option of
Bell Butte, shall forthwith terminate and end and cease to exist,
and the subject premises shall revert to Bell Butte free and clear
of all of the rights and interests of Fairways herein and
hereunder¡ provided, however, such termination shall not release,
or in any manner discharge, Fairways from the full performance of
all of the covenants, agreements and obligations hereunder on its
part to be kept and performed at the time of such termination,
including, without limitation, the provisions of this Paragraph 10,
12
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and Paragraphs 9, 10,11 and 14 of this Agreement, or Bell Butte's
right of specific performance with respect to such accrued
obligations as hereinafter provided under said Paragraph 11 hereof,
and all rights and remedies of Bell Butte hereunder in the event of
any default hereunder by Fairways and all of Fairways covenants,
agreements and obligations hereunder shall all survive the
termination of this Agreement for any cause or reason and remain in
full force and effect until fully performed by Fairways to the
satisfaction of Bell Butte in all respects.
11. In addition to the provisions of Paragraph 10, above,
this Agreement is personal in nature and monetary damages in the
event of default by Fairways hereunder may not be adequate, and the
parties also agree that in the event of Fairways default with
respect to any of the covenants and agreements hereunder on its
part to be kept and performed, Fairways shall pay to Bell Butte all
costs and expenses of specifically enforcing this Agreement, or in
pursuing any remedy, or remedies, provided hereunder or by the
statutes of the State of Wyoming, or a combination of any or all of
the foregoing, whether such remedy is pursued by filing suit or
otherwise, including a reasonable attorney's fee.
12. In the event Fairways is rendered unable, wholly or in
part, by force majeure, to carry out any obligation under this
Agreement, other than the obligation to make money rental payments,
13
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Fairways shall give to Bell Butte prompt written notice of the
force majeure, with reasonably full particulars covering it: and
thereupon that affected obligation of Fairways shall be suspended
during the continuance of the force majeure, and Fairways shall
have an additional period of thirty (30) days to renew performance
of the affected obligation, commencing upon the termination of the
force maj eure.
The term "force majeure" herein shall only and
solely cover and mean an act of God, or other cause or condition
completely beyond the control of Fairways, including an act, rule
or order imposed by a governmental entity that suspends the
activities contemplated hereunder.
13. Notwithstanding anything contained herein to the
contrary, it is agreed that this Agreement does not an any manner
constitute a conveyance of any title, interest or estate in and to
any part of the said Premises herein above described, and no
operations hereunder by Fairways shall ripen into an easement of
any kind or nature, in and to any part of the said Premises, and
said Premises may be relinquished or surrendered, in whole, only at
the end of the then current renewal year upon giving ninety (90)
days prior written notice to Bell Butte as provided herein and in
the event of relinquishment or surrender of said Premises
hereunder, all of the rehabilitation provisions of Paragraphs 9,
10, 11 and 14, and all other applicable provisions hereunder, shall
14
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forthwith apply to the entire Premises so relinquished and
surrendered.
14. Fairways shall have ninety (90) days after the
termination of this Agreement to remove all of its personal
property, if any, from said premises.
15. Fairways shall not have the right to use, and shall not
take and use, any water from said premises above described during
the entire life of this Agreement without the written consent of
Bell Butte being first had and obtained.
16. Notwithstanding anything contained herein to the
contrary, this Agreement shall forthwith terminate and end upon
said premises no longer being required for the purposes aforesaid
by Fairways.
17. This Agreement shall be recorded by Fairways in the
records of the Lincoln County Clerk and Recorder, Kemmerer,
Wyoming, and the Uinta County Clerk and Recorder, Evanston,
Wyoming, and a copy of said Agreement showing the recording dates
thereon furnished to Bell Butte on or before November 10, 2005.
18. Any notice contemplated to be given to Fairways or Bell
Butte shall be in writing and shall be mailed in the United States
Mail, Registered or Certified Mail, Return Receipt Requested, at
the addresses of Fairways and Bell Butte above set forth in the
15
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""'-h'·'t'~''¡'¡<'Jt¡;-r,~ ''-'''!'ï :7·,';t:,;·~:<,· ,~,"::, '~";;;,:'~,' - '.' "~','" (':~:';':'j'i~.',:.¡~!;" 'J-!'Jí!·,"; . "<;,'. G.;"~"'r,,; :'" '
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first paragraph hereof, and shall be effective and complete upon
the date of posting and mailing.
19. This instrument covers the entire agreement between the
parties, and no representation or statements, verbal or written
have been made modifying, adding to, or changing the terms of this
Agreement.
20. Time is of the essence of this Agreement, and of each of
the terms and conditions hereof.
21. No waiver by either party of any breach or default by the
other party on any occasion, and no election by either party to
exercise or forego any right or remedy hereunder or relating hereto
on any occasion, shall be deemed to be a waiver of any other breach
or default or to be an election to pursue or forego any right or
remedy on any other occasion.
22. This Agreement shall be governed by the laws of the State
of Wyoming and the parties agree that venue and jurisdiction hereof
and hereunder shall be either at the District Courts of Uinta or
Lincoln Counties, Wyoming.
23. It is the intent of the parties that the provisions
contained and set forth in this Agreement shall be severable, and
in the event the whole or any portion of any provision hereunder,
shall be held void or invalid as a matter of law, such holding
shall not effect the other and remaining valid portion of such
16
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provision or any of the other provisions of this Agreement, which
shall be given, and remain in full force and effect in their
entirety without the void portion(s) thereof.
24. Subj ect to the provisions of Paragraph 2 above, the
terms, conditions, and provisions of this Agreement shall be
binding upon and inure to the benefit of the parties hereto and
their successors and assigns.
IN WITNESS HEREOF, the parties have executed this Agreement as
of the date of the Notary Acknowledgments contained herein, but for
all purposes to be effective as of the day and year first above
written.
Tax Identification No. :
Bell Butte:
87-0424682
Bell Butte Livestock Grazing
Partnership, a Limited Partnership
By:fÆLtJ AL, ~
Its Managing General Partner
Fairways:
Fairways Offshore Exploration, Inc.
a Texas Corporation
~rtle ~
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STATE OF UTAH
SS
COUNTY OF SALT LAKE
/i~The forego~gs instrument was acknowledged before me this
-º-, day of UL-~, 2005, by .~ ~ ,Managing
General Partner of Bell Butte Livestock Grazing Partnership, a
Limited Partnership, on behalf of said Limited Partnership.
WITNESS my hand and official
seal.
~~~\~
NOTARY PUBLIC
Residing at Salt Lake City, Utah
@),"EDWARDM.SOWN
i'll, NOTARY PUBUC. STATE OF UTAH
I ,- u'n EAST ClAREMONT WAY
, ", ... u.œ~ ur 841
My Commission expires:
~ ;11', ~ÐtJ7
~
STATE OF \-eX/t.5
\ \. SS
COUNTY OF lìf(1(1~
Before me, the undersigned author~ty, A Notqry ,~blic in and
for said County, personally appeared ~.t2. ~O L·l to
me personally known, who being by me duly sworn did say that he,
with the capacity designated by his signature on the document to
which this certificate is attached, is an officer or agent, of
Fairways Offshore Exploration, Inc., a Corporation organized and
existing under and by virtue of the laws of the State of State, and
that he as such officer or agent and in such capacity being
authorized by its Bylaws and/or Board of Directors so to do,
signed, sealed, executed and acknowledged before me the foregoing
instrument on behalf of said Corporation as his voluntary act and
deed and the voluntary act and deed of said Corporation for the
uses, purposes and consideration therein expressed and contained by
signing the name of the Corporation by him as such officer or agent
and that the seal, if any, affixed to said instrument is the
Corporate seal of said Corporation, and he further acknowledges to
me that said Corporation executed the same.
18
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~TNESS WHEREOF, I have hereunto
a af i d my notarial seal of 0 ic
Qt.I'- I 2005.
My Commission Expires:
c:\data\Bell Butte\agreements\accessrd fairways.
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set my offici
this the
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day of
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906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 05-43 Date: 6/23/05
~
Certificate of Surveyor
STATE of WYOMING)
COUNTY of UINTA) ss
I, STANTON G. TAGGART, OF WASATCH
SURVEYING ASSOCIATES, L.L.C. HEREBY STATE THAT
I AM BY OCCUPATION A PROFESSIONAL lAND
SURVEYOR EMPLOYED BY FAIRWAYS OFFSHORE
EXPLORATION, INC. TO MAKE THE SURVEY OF THE
TRACT DESCRIBED AND SHOWN ON THIS PLAT; THAT
THE SURVEY OF SAID WORKS WAS MADE UNDER MY
SUPERVISION AND UNDER MY AUTHORITY AND THAT
SUCH SURVEY IS ACCURATELY REPRESENTED
HEREON.
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SS9'1S'SS'E, 2656,41'
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N72·36·45"W. 513.40'
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N20·26'22"E, 196.84·
N28·44'11"E, 388.03'
N35·37'25"E. 185.S8'
N45·24·46"E, 144.46'
N5S·22'06"E, 199.77·
N62·35·30"E, 340.51"
I
SECTION 21_ _ _ _ _ _
T17N1 R119W
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1/4
OWNER:
BELL BUTTE
GRAZING
(all of Section 21)
Legal Description
A tract of land located In the SW1/4, and the N1/2 of Section 21, T17N, R119W, 6th
P.M., Uinta County, Wyoming, said tract being SO.OO feet wide, 2S.00 feet on each
side of the following described centerline:
Commencing at the Southwest corner of said Section 21, thence N 00' 57"S3" E,
1823.69 feet along the West line thereof to the Point Of Beginning;
thence N 62'42'09" E, 437.64 feet; thence N 71'08'34" E, 333.83 feet;
thence N 60054'5S" E, 471.16 feet; thence N 62°56'31" E. 453.53 feet;
thence N 52°34'09" E, 196.76 feet; thence N 57°06'47" E, 326.88 feet;
thence N 62°35'30" E, 340.51 feet; thence N 55°22'06" E. 199.77 feet;
thence N 45°24'46" E, 144.46 feet; thence N 3s037"25" E, 18S.58 feet;
thence N 28°44'11" E, 388.03 feet; thence N 20°26'22" E, 196.84 feet to the
IntersecUon of the Whitney Canyon and Bear River Divide Roads;
thence N 72°36'45" W, 513.40 feet; thence N 60015'S2" W, 486.28 feet;
thence N 47°37"25" W, 531.56 feet; thence N 35°58'23" W, 417.09 feet;
thence N 31°17'40" W, 294.04 feet to the Point Of Ending, said point lying on the
North line of said Section, N 89°18' 58" W, 1443.93 feet from the North o~uarter
west comer thereof.
Said centertlne being 5917.36 feet or 358.628 rods, more or less, In
length.
The sidelines of said tract are to begin and end upon the same line the centertlne
begins and ends upon.
Map to Accompany
Fairways Offshore Exploration, Inco
Whitney Canyon & the
Sulphur Haul Road
EXHIBIT "A" Access Agreement
across the swi, and the N~
of Section 21,
T17N, R119W, 6th PoM.
Uinta County, Wyoming
ANY CHANGE, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION WILL
ACT TO VOID ANY WARRANTY OR RESPONSIBILITY, EXPRESS OR IMPLIED. THAT I
MAY HAVE TOWARDS THE SUBJECT PROPERTY.
II
~1m~i¡mmmlt¡¡~¡;i
OWNER:
Bell Butte Grazing
Partnership
(all of Section 17)
------
§
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Certificate of Surveyor
STATE of WYOMING)
COUNTY of UINTA ) 88
I, STANTON G. TAGGART, OF WASATCH
SURVEYING ASSOCIATES, L.L.C. HEREBY STATE THAT
I AM BY OCCUPATION A PROFESSIONAL LAND
SURVEYOR EMPLOYED BY FAIRWAYS OFFSHORE
EXPLORATION, INC. TO PREPARE THIS MAP BASED
UPON DATA PROVIDED WITHIN "EXHIBIT A" OF THAT
CERTAIN ACCESS ROAD AGREEMENT LOCATED IN
BOOK 444 ON PAGE 443 OF THE UINTA COUNTY
RECORDS; THAT TO THE BEST OF MY KNOWLEDGE
AND BELIEF, SAID DATA IS ACCURATELY
REPRESENTED HEREON.
',~~fi~¡~mm~~j?
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SECTION 17
T18N, R119W
------
€ ACCESS ROAD
N17"04'06"E, 247.41'
P.o.E.
P.o.B.
NOO"08'47"W, 1431.66'
Legal Description
A tract of land located in the NE1/4 SE1/4 of Section 17, T18N, R119W, 6th P.M.,
Uinta County, Wyoming, said tract being 50.00 feet wide, 25.00 feet on each side
of the following described centerline:
Beginning at a point lying on the East line of Section 17, T18N, R119W, bearing
N 0·08'47" W, 1431.66 feet from the Southeast comer thereof;
thence N 12·53'13" W, 332.02 feet; thence N 17·04'06'· E, 247.41 feet, more or
less, to the Point of Ending, said point lying on the East line of said Section 17,
N 0·08'47" W, 1991.90 feet from the Southeast comer thereof.
Said centerline being 579.43 feet or 35.12 rods, more or less, in length.
The sidelines of said tract are to begin and end upon the same line the centerline
begins and ends upon.
Map to Accompany
Fairways Offshore Exploration, Inc.
Bear River Divide Road
Access Agreement
across the NE~ SE~
EXHIBIT "B" of Section 17,
T18N, R119W, 6th P.M.
Uinta County, Wyoming
~l\TC1t
\I\I~~RVEYING
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 05-43 Date: 7/08/05
ANY CHANGE, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION WILL
ACT TO VOID ANY WARRANTY OR RESPONSIBILITY. EXPRESS OR IMPLIED. THAT I
MAY HAVE TOWARDS THE SUBJECT PROPERTY.
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. ...' ....~
OWNER:
Bell Butte Grazing
Partnership
(all of Section 9)
------
SECTION 9
T18N, R119W ------
P.D.E.
fi ACCESS ROAD
I
N13·56'59"W, 1831.02'
705.24·
589'55'04"E
P.D.B.
~
Legal Description
o
~
A tract of land located in the W112 SW1/4 of Section 9, T18N, R119W, 6th P.M.,
Uinta County, Wyoming, said tract being 50.00 feet wide, 25.00 feet on each side
of the following described centerline:
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Beginning at a point lying on the South line of Section 9, T18N, R119W,
bearing S 89°55'04- E, 705.24 feet from the Southwest comer thereof;
thence N 13°56'59" W, 1831.02 feet; thence N 28°21'21" W, 538.81 feet, more or
less, to the Point of Ending, said point lying on the West line of said Section 9,
N 0°12'24" E, 2250.17 feet from the Southwest corner thereof.
Said centerline being 2369.83 feet or 143.63 rods, more or less, in length.
The sidelines of said tract are to begin and end upon the same line the centerline
begins and ends upon.
Certificate of Surveyor
STATE of WYOMING )
COUNTY of UINTA) ss
I, STANTON G. TAGGART, OF WASATCH
SURVEYING ASSOCIATES, L.L.C. HEREBY STATE THAT
I AM BY OCCUPATION A PROFESSIONAL LAND
SURVEYOR EMPLOYED BY FAIRWAYS OFFSHORE
EXPLORATION, INC. TO PREPARE THIS MAP BASED
UPON DATA PROVIDED WITHIN "EXHIBIT A" OF THAT
CERTAIN ACCESS ROAD AGREEMENT LOCATED IN
BOOK 444 ON PAGE 443 OF THE UINTA COUNTY
RECORDS; THAT TO THE BEST OF MY KNOWLEDGE
AND BELIEF, SAID DATA IS ACCURATELY
REPRESENTED HEREON.
Map to Accompany
Fairways Offshore Exploration, Inc.
Bear RIver DIvIde Road
Access Agreement
EXHIBIT "e" across the W~ SW~
of Section 9,
T18N, R119W, 6th P.M"
Uinta County, Wyoming
ANY CHANGE, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION WILL
ACT TO VOID ANY WARRANTY OR RESPONSIBILITY. EXPRESS OR IMPLIED. THAT I
MAY HAVE TOWARDS THE SUBJECT PROPERTY.
~nTcn
W~~VEYING
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 05-43 Date: 7/08/05
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I LOT 5
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--____L______ ______~______
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SECTION 5
------ T18N, R119W ------
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LOT 7
LOT 6
OWNER:
Bell Butte Grazing
Partnership
(all of Section 5)
,w
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NBB·SB'22"W. IS65.00'
ï ACCESS ROAD
N62·17'OS"W. 670.70'
NBB'S8'22"W. S36.12·
ro
'"
N62·10·37"W, 296.91'
589·43·37"E
P.O.B.
§
Legal Description
A tract of land located in the S1/2 of Section 5, T18N, R119W, 6th P.M., Uinta
County, Wyoming, said tract being 50.00 feet wide, 25.00 feet on each side of the
following described centerline:
~
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Beginning at a point lying on the South line of Section 5, T18N, R119W, bearing
S 89°43'37" E, 1477.03 feet from the South one-quarter comer thereof;
thence N 62°10'37" W, 296.91 feet; thence N 44°20'20" W, 703.55 feet;
thence N 65°47'20" W, 753.60 feet; thence N 88°58'22" W, 1565.00 feet;
thence N 88°58'22" W, 536.12 feet; thence N 62°17'05" W, 670.70 feet, more or
less, to the Point of Ending, said point lying on the West line of said Section 5,
N 0°56'59" E, 1281.18 feet from the Southwest corner thereof.
Said centerline being 4525.88 feet or 274.30 rods, more or less, In length.
Certificate of Surveyor
STATE of WYOMING)
COUNTY of UINTA ) 55
I, STANTON G. TAGGART, OF WASATCH
SURVEYING ASSOCIATES, L.L.C. HEREBY STATE THAT
I AM BY OCCUPATION A PROFESSIONAL LAND
SURVEYOR EMPLOYED BY FAIRWAYS OFFSHORE
EXPLORATION, INC. TO PREPARE THIS MAP BASED
UPON DATA PROVIDED WITHIN "EXHIBIT A" OF THAT
CERTAIN ACCESS ROAD AGREEMENT LOCATED IN
BOOK 444 ON PAGE 443 OF THE UINTA COUNTY
RECORDS; THAT TO THE BEST OF MY KNOWLEDGE
AND BELIEF, SAID DATA IS ACCURATELY
REPRESENTED HEREON.
The sidelines of said tract are to begin and end upon the same line the centerline
begins and ends upon.
Map to Accompany
Fairways Offshore Exploration, Inc.
Bear River Divide Road
Access Agreement
EXHIBIT "D" across the S1/2
of Section 5,
T18N, R119W, 6th P.M.
Uinta County, Wyoming
ANY CHANGE. ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION WILL
ACT TO VOID ANY WARRANTY OR RESPONSIBILITY, EXPRESS OR IMPLIED. THAT I
MAY HAVE TOWARDS THE SUBJECT PROPERTY.
~
(i'ittnTcn
""SURVEYING
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 05-43 Dale: 7/08/05
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LOT 5
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I SECTION 19
LOT-7-¡---T19N, R119W
P.O.E. I
I NIS'OS'04"W, 666.60'
I
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----_J
P.O.B.
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OWNER:
Bell Butte Grazing
Partnership
(W1/2 SW1/4 Section 19)
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LOT 8
€ ACCESS ROAD
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N26·19'09"E, ·r7.24'
N2619'09"E. 453'r'
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NI0·20'22"E, 837.99'
N89"! 4'S9"W, 4336.26'
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Legal Description
A tract of land located in the E1/2 SW1/4 of Section 19, T19N, R119W, 6th P.M.,
Lincoln County, Wyoming, said tract being 50.00 feet wide, 25.00 feet on each
side of the following described centerline:
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Beginning at a point bearing N 26°19'09" E, 453.35 feet from a point which bears
N 10°20'22" E, 837.99 feet from a point on the South line of Section 19, T19N,
R119W, which is N 89°14'59.' W, 4336.26 feet from the Southeast comer of said
Section 19:
thence N 26°19'09" E, 477.24 feet; thence N 18°08'04" W, 666.60 feet, more or
less, to the Point of Ending, said point lying on the line between Lot 7 and the
NE1I4 SW1/4 of said Section 19.
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Said centerline being 1143.84 feet or 69.32 rods, more or less, in length.
Certificate of Surveyor
STATE of WYOMING )
COUNTY of UINTA) ss
I. STANTON G. TAGGART, OF WASATCH
SURVEYING ASSOCIATES, L.L.C. HEREBY STATE THAT
1 AM BY OCCUPATION A PROFESSIONAL LAND
SURVEYOR EMPLOYED BY FAIRWAYS OFFSHORE
EXPLORATION, INC. TO PREPARE THIS MAP BASED
UPON DATA PROVIDED WITHIN "EXHIBIT A" OF THAT
CERTAIN ACCESS ROAD AGREEMENT LOCATED IN
BOOK 444 ON PAGE 443 OF THE UINTA COUNTY
RECORDS; THAT TO THE BEST OF MY KNOWLEDGE
AND BELIEF, SAID DATA IS ACCURATELY
REPRESENTED HEREON.
The sidelines of said tract are to begin and end upon the same line the centerline
begins and ends upon,
Map to Accompany
Fairways Offshore Exploration, Inc.
Bear River Divide Road
Access Agreement
EXHIBIT "E" across the E 1/2 SW:;J-
of Section 19,
T19N, R119W, 6th P.M.
Lincoln County, Wyoming
ANY CHANGE, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION WILL
ACT TO VOID ANY WARRANTY OR RESPONSIBILITY. EXPRESS OR IMPLIED. THAT I
MAY HAVE TOWARDS THE SUBJECT PROPERTY.
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 05-43 Dale: 7/08/05
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A.COBD,.. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (832) 295-0000
Lary Insurance Services, Inc.
12000 Richmond, Suite 300
TX 77082-
Houston
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INSURED
Fairways Offshore Exploration, Inc.
13430 Northwest Freeway
Suite 800
Houston TX 77040-
COVERAGES
INSURERS AFFORDING COVERAGE
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NAIC#
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.INSUIiER.!L..____
NSUI~ER E:
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY, PERIOD INDICATED. NOTVlATHSTANDING ANY
REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUME;NT VlATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.
THE INSI:lRANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
_AGGREGATE LIMITS s..~Ii.~HAVE ~§~§PUCË.9 BY .!>AIQ.~L-_¡¡sõIìëŸËt~ iœVìoo>mA1fõ¡'¡ : ..---.---,----
IN.!I~ ADD'L I V ~ I E P A
lTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE (hlM/DDNY) DATE (MM/DDNY) liMITS
A GENERAL LIABIUTY / / / / : ~ACH OCCURRf,NCE $ 1,000,000
t-- ~~~gU?E~'ifJ.:~~"œ)
I~ 3MEHCIAL. GENERAL I.IABllITY $ 1,000,000
CLAIMS MAf)I' [KJ OCCUR 1296606 08/07/2005 OB/07/2006 ME D EXP (A'w o"e por",") $
I)Ef~ONAL &AIYV INJUIW $ 1,000,000
i-- / / /
/ GENERAL. AGGREGATE: $ 2,000,000
r-- ------:-::-:-
Iill AGGI~EGATe LIMIT ^FlS PfR "¡¡OOUCTS,. COMI'IOI' AGG $ 2,000,000
X POLICY n ~~% I.OC / / / / Pollution UllOA) 1,000,000
AUTOMOBILE lIABllIlY / / / / COMI!INF.lJ SINGtE I.IMIT
r-- (r:.nr.rJdIJr1) S
ANY AUTO
r-- / / / /
AU OWNf;Q AU'IOS BOI)IL Y INJURV
r-- :Pe· pArson) $
r-- SCHEDUlfO AIJTaS
HIRED AUTOS / / / / 60DII. Y INNRy
t-- (I'", occide"t) $
t-- NON'()VIA'IEO AUTOS
I-- / / / / PllOf>ERTY DAMAGE
¡r'or n<<,.ide"t) $
GARAGE LIABILITY AlITO ONLY· E:AACCmENT $
==¡ ANY AUIO / / / / OTHI:H TKO.N EAACC $
--
AUTO ONLY' AGG $
EXCESS/UMBRELLA LIABILITY / / / / EACH OCCUlmENCe $
:J OCCUR D CLAIMS MAI)f. AGGIU;GATE S
$
q OEl>UCnBlE / / / / $
RE1'fNTlON $ $
WORKERSCOMPENSA110N AND / / / / 1,"X~~ItJHs I IOT~.
EMPlOYERS'llABIUlY Ef
ANY PROI>RlHORlr>AIHNEIVEXI¡ Cl/IWE E.l.EACI1ACCmENl $
Qf¡:ICERlMEMß"I~ EXCI.UIJEQ? / / / / E l DISEASE· Ell í1MPlOYH $
It Y SA. cJBlc:.riba uncJe,
srE CIAI, PROVISIONS below Ii l. DISEASE· POt ICY I.IMIl $
OTHER / / / /
/ / / /
/ / / /
DESCRIPTION OF OPERATIONSfLOCATIONSNElilCLESlEXCLUSIONS ADDED BV ENDORSEMENT/SPECIAL PROVISIONS
Sell Butte Grazing- Partnership is named as additional i.nsurad.
.
CERTIFICATE HOLDER
( )
CANCELLA TION
SHOULD ANY OF THE ABOVE OESCRI! ED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil
~ DAYS WRITTEN NOTICE TO mE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO 00 SO SHALL IMPOSE NO OBLIG OR liABILITY ANY IND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIV
AUTHORIZED REPRESENTATIVE
Eell Eutte Grazing Partnership
C/O Edward M. Erown
1015 East 3900 South
Sal t Lake Ci t UT 84124-
ACORD 25 (2001/08)
f1l .w· INS025 (0108)05
HrClRONJC I.ASFl1 FORMS. INC· (BOO}3?7.o!>45
Exhibit "F"
(1 pages)
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
The following entity is added as an additional insured to the policy:
Bell Butte Grazing Partnership
C/O Edward M. Brown
1015 East 3900 South
Salt Lake City, UT 84124
Endorsement No.8
Attached to "and forming part of the Comprehensive General Liability Polley No. 7286606
Issued to Fairways Offshore Exploration, Inc.
Signed the 30th day of September, 2005 at Houston, Texas.
Lexington Insurance Company
A member of the AIG Group of Companies
ORIGINAL
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