HomeMy WebLinkAbout921258
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000146
ROAD EASEMENT AND ACCESS AGREEMENT
THIS AGREEMENT, made and entered into this :l '~ay of July, 2006, by and
between WESTERN WYOMING RANGE LIMITED PARTNERSHIP, an undivided 8G.43478%
owner, a Wyoming limited partnership, whose address is P.O. Box 336, Lyman, WY
82937; and BROADBENT LAND AND RESOURCES, L.L.C" a Utah limited liability
company, an undivided 19.56522% owner, whose mailing address is P.O. Box 734,
Evanston, WY 82931, hereinafter together, called "Grantor"; and QUEST AR
OVERTHRUST PIPELINE COMPANY, a Utah corporation, whose address is 180 East 100
South, Salt Lake City, UT 84111, hereinafter called "Grantee". Grantor and Grantee
may be referred to herein individually as "Party" or collectively as "Parties_"
WITNESSETH:
WHEREAS, Grantor is the owner of the surface and surface rights in and to the
following described lands situate in Lincoln and Uinta Counties, Wyoming, which
contain roads, to-wit:
Uinta County
RECEIVED 8/14/2006 at 1 :49 PM
RECEIVING # 921258
BOOK: 630 PAGE: 146
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMME~E~,_~ _
T18N,R112W
Section 5: N 1/z (approx. 224.24 rods)
Lincoln County
T19N,R112W
Section 29 W 1/z, W 1/z; SE 14 (approx. 54.55 rods)
Section 31: E 1/z E 1/z (approx. 193.,94 rods)
Section 33: NW Y<t (approx. 112.12 rods)
T 20 N, R 115 W
Section 11: W 1/z E 1/z (approx. 327.27 rods)
Section 23: E 1/z E 1/z (approx 242.42 rods)
Total: (approx) 1154.54 rods
'WHEREAS, Grantee needs access to its Overthrust pipeline, a compressor
station and appurtenant facilities (collectively "Overthrust Pipeline") which are
located on lands owned by Grantor and on lands owned by others, and such access
includes the use of approximately 1154.54 rods of existing roads, as described on
Exhibits "A" and "B" which are attached hereto and hereby incorporated herein by
this reference (hereinafter "the Roads"), and
WHEREAS, Grantor is willing to execute and enter into a road easement and
access agreement with Grantee under the terms and conditions set forth below;
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000:147
NOW THEREFORE, IT IS HEREBY understood and agreed by and between the
parties as follows:
L
That for and in consideration of the cash payment to be made by Grantee to
Grantor as set forth below and the other covenants and agreements stated below,
Grantor does hereby grant and convey to Grantee a private easement across the
Roads described on Exhibits "An and "B for the purpose of enabling Grantee to utilize
and maintain the existing Roads to access its Overthrust Pipeline located in Lincoln
and Uinta Counties, Wyoming. Grantor has granted rights to other parties to use the
Roads. Grantee shall bear its pro-rata share of any reasonable costs associated with
maintaining the Roads. Grantee's pro-rata share shall be calculated by dividing any
reasonable and necessary mainteñance costs by the number of parties to whom
Grantor has granted a right to use the Roads, including Grantor. The consideration
herein recited shall cover crop loss damages caused by Grantee's use of the Roads.
II.
Grantee shall use the Roads as now designated and shall not widen or change
the Roads without first obtaining the written permission of Grantor.
III.
In consideration of the grant of this easement, Grantee agrees as follows:
(1) On August 1, 2006, Grantee agrees to pay to Grantor $9.00 per rod for
the access granted herein. On August, 1, 2007, Grantee shall pay to Grantor the sum
of $4.50 per rod adjusted for any increase in the 'Consumer Price Index All Urban
Consumers (C.P.I. - U) for all items, U.S. City average as determined by the United
States Department of Labor. The fee shall be adjusted each year thereafter from the
basis of the preceding year's annual fee to reflect the increase or decrease, if any, in
the Consumer Price Index All Urban Consumers (C.P.I. - U) for all items, U.S. City
average. Said adjustments and payments to made on August 1 of each year until this
Road Easement and Access Agreement terminates.
(2) In addition to the consideration set forth above, Grantee shall pay
Grantor or their respective lessees for any livestock losses that Grantee causes.
(3) Grantee, shall, at its expense, protect the ,roadway from surface erosion
and will control all noxious weeds and poisonous plants within the disturbed area of
the easement.
(4) In the event the Roads are abandoned, all or any portion of the Roads
shall, at the option of Grantor, be either left in their then existing condition or be
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0001.48
rehabilitated by filling the barrow areas and leveling the easement to the existing
contour of the land and then reseeding the Roads at the rate of 22 lbs.!acre when
drilled and 44 lbs. / acre when broadcast with the following mixture:
Lbs. Seed/Acre
Common Name
Scientific Name
3 lbs. / acre
3 lbs. / acre
3 lbs./acre
2 lbs. / acre
1 lb.!acre
2 lbs. / acre
1 lb.!acre
1 lb.!acre
6 lbs. / acre
Western wheatgrass
Indian ricegrass
Thickspike wheatgrass
Slender wheatgrass
Gardeners saltbush
Fourwing saltbrush
Trident saltbush
Winterfat
Triticale sterile
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Agropyron trachycaulum
Atriplex gardeneri
Atriplex canescens
Atriplex tridentate
Eurotia lanata
Triticale
Under such circumstances, Grantee shall seed the easement as many times as
required to achieve the same level of growth as then exists in adjacent properties.
Only seed certified to be 95 percent pure and with a germination percentage of 85
percent will be used. Grantee will furnish the certification to Grantor prior to the
seeding operation.
IV.
It is understood that this easement shall be 13 private easement only in favor of
Grantee and its servants, assigns, employees, contractors, subcontractors and agents,
and that Grantee shall not have the right to enter into any agreement with third
parties relative to the use of the Roads without the prior written consent of Grantor.
V.
Grantor reserves the right for itself and its employees, servants, partners,
lessees and agents to use said roadway without making any payment to Grantee.
VI.
Grantee agrees to use commercially reasonable efforts to control the speed
over the Roads so as to protect the livestock that may be in the area, and to keep the
Roads and any approaches thereto reasonably free from litter and debris.
VII.
Grantee, its successors or assigns, shall indemnify and hold harmless Grantor, ,
its directors, officers, agents, partners, lessees and employees against and from any
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000149
and all liability, loss, damage, claims, demands, costs, and expenses of any nature
whatsoever, including court costs and attorney's fees, which may result from injury to
or death of any persons, or from damage to, loss of or destruction of any property,
when such injury, death, loss, destruction or damage is due to or arises from
Grantee's use of the Roads.
VIII.
Grantee shall give Grantor prior written notice of any archeological and/or
historical surveys which Grantee or its agents, servants, employees, contractors and
subcontractors complete and/or perform on the premises identified on Exhibits "An
and "B" and shall provide any results obtained in such survey related to the Roads to
Grantor. Any artifacts or other property found by Grantee, its agents, servants,
employees, contractors or subcontractors shall remain the property of Grantor and
shall not be removed from the premises without the written permission of Grantor.
IX.
This agreement shall be a covenant running with the lands described above,
and shall be binding upon the undersigned, their respective heirs, successors, and
assigns; provided, however, that in the event Grantee shall notify Grantor in writing
of its intention to abandon the rights granted herein, or shall fail for a period of one
(1) year to use the Roads, then this agreement shall terminate and Grantee and its
successors in interest or assigns shall have no further rights hereunder.
X
The following provisions are also integral parts of this agreement:
a. This agreement constitutes the entire understanding and
agreement between the parties relating to the subject matter hereof
and supersedes all prior agreements, representations or understandings
between the parties relating to the subject matter hereof.
b. This agreement may not be modified except by an
instrument in writing signed by the parties hereto.
c. This agreement shall be interpreted, construed and
enforced according to the laws of the State of Wyomif)g.
d. The parties agree that in the event any action or court
proceeding is brought by either Party to enforce the obligations under
this Agreement, the prevailing party shall be entitled to recover any
reasonable attorney's fees, together with court and collection cOsts.
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0001.5'0
e. All notices, demands, requests and other writings required
or permitted to be given hereunder shall be deemed duly given if
delivered or if mailed by registered or certified mail, postage prepaid,
addressed to the following: '
Grantor:
Western Wyoming Range L. P.
P.O. Box 336
Lyman, WY 82937
Grantee:
Questar Overthrust Pipeline Company
Attn: Property and Right of Way
P.O. Box 45360
Salt Lake City, UT 84145-0360
. Either Party shall have the right to specify in writing, another address to which
subsequent notices or writings to such party shall be given. Any notice given
hereunder shall be deemed to have been given as of the date delivered or mailed.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement the
day and year first above written, and acknowledge that all monies due and owing
from the effective date of this agreement have been paid and this agreement is still
in full force and effect.
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WESTERN WYOMING RANGE LIMITED
PARTNERSHIP By: WESTERN WYOMING
OPERATING, INC., its General Partner
ßy: \) C+J í? ~
STATE 0r8TA11~'{&tr)trg )
Lll' ÙQ.. )ss.
COUNTY OF 5ALT~*E- ) ,
Before me, a Notary Public in and for said County and State, on this Æ day
of ~tLt..C¡ , 2006, personally appeared D. Jud Redden and Carl Larson to me
personally known to be the Vice-President and Secretary of Western Wyoming
Operating, Inc., a Wyoming corporation and the said D. Jud Redden and Carl Larson
acknowledged to me that they executed the same as the free and voluntary act and
deed of such corporation under the authority of its Board of Directors for the uses and
purposes therein set forth.
~!~IC
My Commission EXPires~d¡O~&4?
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SUSAN TOOMER - NOTARY PUBUC
COONTY OF _ SlATE OF
UINTA . WYOMING
MY COMMISSJO EXPIRES JULY 20, 2008
0001.51.
BROADBENT LAND AND RESOURCES,
L.L.L,
a Utah Limited Liability Company
STATE OF u,kl
COUNTY OF ~H- ~1C'c
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The foregoing instrument was acknowledged before me by Josephjz
Broadbent, Manager of Broadbent Land and Resources, L.L.L, this "'Z-'?
Jvlly , 2006.
day of
I
My Commission Expires:
ÛAtG~
NOTARY PUB -- .
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000152
QUESTAR OVERTHRUST PIPELINE COMPANY,
a Utah corporation
By: .Z~
STATE OF
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COUNTY OF ~l+ Lat:-c )
On this 2-lfIJ... day of Tv...l¡ , 2006, before me personally appeared
(l..~ :r, ":6.ù'odl , to me personally known, who
being by me duly sworn, did say that he is the H~na.)tr £:t\,~~r""'\ ",...J fl"Q.jcJt1~1foQIIt of
Questar Overthrust Pipeline Company, a Utah corporation and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was
signed and sealed on behalf of said corporation by authority of its Board of Directors
and said R::r. ~^b~ll " acknowledged said instrument to the
free act and deed of said corporation. '
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. Notary - Pu- - - - .
My Commission Expires:
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NOTARY PUBLIC
DAVID A. INGLEBY
1140 w, 200 So., PO Box 45360
Salt Lake City, Utah 84145
My Commission Expires
November 8. 2009
STATE OF UTAH
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000153
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B
SECTION 3, TOWNSHIP 18 NORTH, RANGE 112 WEST
SECTION 29 & 31, TOWNSHIP 19 NORTH, RANGE 112 WEST
D
DESCRIPTION
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REVISION
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EXHIBIT B
SECTION 11 & 23. TOWNSHIP 20 NORTH. RANGE 115 WEST
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No,
DESCRIPllON
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BY DATE APPD,