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Home My WebLink About917667 ,;- . f"L ì ;; ;.\~ ~¡:mm:::a '~'·'.I:'~':'!í.':'~':·:' :p,: r ~ 11 . ~~ PIPELINE RIGHT-Of-WAY STATE Of WYOMING § § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY Of LINCOLN THIS EASEMENT, Made this 28th day of March, 2006, 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 aqainst said Right-of-Way, Grantee shall RECEIVED 4/21/2006 at 10:55 AM 1 RECEIVING # 917667 BOOK: 617 PAGE: 511 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ., 0917667 00('512 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 toor 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-ot-Way disturbed in the exercise ot 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-ot-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. 2 !~~~rJ.i~f¡i~1ttj ~~Jjt~~¡t~~~ '.1' ; 091> nn"5"'¡ 3 '.' \,., t ..L 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, FederallD 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: ,~UL~ ...~,,?:..,..secrê, ~';' ;'.. /~.I' II" "';". '. .' ''? l -. CJ) (' '. ~\.. :'(y ¡,~t, . -" 0 ,'.", \'.. ::2: i'I' m c..o ) ,t :..:ifu~¡. '"-_ w (~JEAL) ,2 ~~t...- .þ. ~'l::.,', '}. \'r \" ¡ . " ~' ~~'::": '.. ~"'>.."0,·f\~.. '.. ~.;...:·S:rA:rg{;Sf.,\tfEXAS ) .:., ^.t~~~~II,II,... ) ss: COUNTY OF MONTGOMERY ) By: Its: """yý\ The foregoing instrument Yfas ackB0't'ledged before me this £ day of ~~ ,20.QfL, by º~17) ~ Vice President of Uinta Develòpment Company. . ........~ .. :'t~ ~~..~ ,:.*.. \~~....~~ ......P.t~... WITNESS my hand and official seal. u.. ..~ pires ~ d-OD'8 . rlt~~ Notary bllc SUZANN TURNER MY COMMISSION EXPIRES August 10, 2008 (SEAL) 3 <, 0917667 EXHIBIT "A" 0005.14 July29, 2005 Williams Gas Processing Moxa Arch Gathering System Whiskey Buttes Unit 245-23e Crossing a portion of Uinta Development Property Sec.tion 23, Township 21 North, Range 112 West, 6TH PM, Lincoln County, Wyoming A strip ofland 30 feet wide across a portion of Section 23, 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 ofan existing 4 1/2 inch diameter pipeline: Beginning at a point located in the Northeast quarter of the Southwest quarter of Section 23, said point bears South 4d58'42" West a distance of 3263.9 feet trom the North quarter comer of said Section 23; Thence North 27d49'23" West a distance of309.0 feet; Thence North 43d18'50" West a distance of244.6 feet; Thence North 45d45'57" East a distance of 480.3 feet; Thence North 23d5'19" East a distance of 523.7 feet; Thence North Id24'43" East a distance of203.2 feet; Thence North 50d27'2" West a distance of 452.9 feet; Thence North 42d51'22" West a distance of 478.2 feet; Thence South 88d51'43 " West a distance of 732.8 feet; Thence North 68dO'56" West a distance of285.3 feet; Thence North 33d5'28" West a distance of 479.6 feet; Thence North 7d8'26" East a distance of352.7 feet; Thence North 40d16'40" West a distance of249.1 feet; Thence North 89d45'43" West a distance of 159.0 feet; Thence South 47d35'55" West a distance of 89.0 feet; Thence South 2d3'51" East a distance of 80.4 feet to the end ofthe line at a point located in the Northwest quarter ofthe"Northwest qllarter'ofsaid Sectioni:FsaidpOlnt bears South 5Ìd30'12" East a distance of 424.5 feet from the Northwest comer of said Section 23. The length of the above descnbes survey line is 5119.7 feet, or 310.285 rods, or 0.970 miles. Dwg. No. R/W No. 19A786.0-52-1 7689 K:\Ds\MAPPING\Document\Legal\ Wyoming\786\19A 7860-52-I.doc ?~~;~~~¡m¡j~¡·