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Home My WebLink About925438 RECEIVED 12/19/2C 17 AM RECEIVING # 925438 BOOK: 643 PAGE: 864 JEANN~WAGNER EXHIBIT B LINCOLN COUNTY C. ERK, KEMMERER, WY TO "v'. __"'-'- PURCHASE AND SALE AGREEMENT GENERAL WARRANTY DEED FMC PRODUCTION LLC, a Delaware limited liability company ("Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys and warrants to the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LINCOLN, WYOMING, 925 Sage Avenue, Kemmerer, WY 83101, its successors and assigns forever ("Grantee"), the real property described on Exhibit A hereto (the "Property"), situated in Lincoln County, Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming; TOGETHER with any and all improvements thereon; all minerals and mineral rights on, in or under such real property which have not been previously severed from such real property; all easements and rights of way benefiting such real property; all water and water rights (including ground water), wells and well permits and rights, ditches and ditch rights, reservoirs and reservoir rights, relating to or appurtenant to the real property; and any other appurtenances related to the foregoing; and SUBJECT to the lien of general taxes for the current year and the Permitted Exceptions shown on Exhibit B hereto. From and after the date of this General Warranty Deed, Grantor hereby reserves the exclusive right to remove from the Property up to 20,000 cubic yards of clay and topsoil and an additional 50,000 cubic yards of general fill material (collectively, the "Materials") in order for Grantor to meet its future obligations with respect to other lands retained by Grantor adjacent to the Property. The Materials shall be removed from the areas on the Property identified as the "Borrow Area" on Exhibit A-I hereto and shall be kept in place on the Property until such time as Grantee notifies Grantor in writing that the rights of Grantor in and to such Materials interfere with Grantee's construction on and development of the Property. Within six (6) month after Grantor's receipt of such notice, Grantor shall remove the Materials (or so much of the Materials that Grantor then desires to remove) from the Property, at Grantor's expense. In exercising its rights to remove the Materials hereunder, Grantor shall have an easement for ingress and egress to and from the Property (as described and depicted on Exhibit A-I hereto) as necessary for removal and further shall not be obligated (although it shall have the right) to remove all of the Materials from the Property but may remove such amounts as it desires to remove within the six (6) month time period required above. The foregoing rights of Grantor to remove the Materials from the Property shall constitute a real property interest in the Property that is appurtenant to and runs with and burdens such lands, benefits Grantor's retained lands, and which shall be binding upon and inure to the benefit of the successors and permitted assigns of Grantor and Grantee. 3 09~5438 000865 All fencing existing as of the Effective Date of this Agreement that is on or which affects the Property, including all fencing shown on Exhibit A-I hereto, shall be maintained in the existing locations for long-term implementation of access and environmental restrictions on other lands owned by Grantor that is adjacent to and in the area of the Property. This existing fencing shall not be removed or relocated by Grantee without prior written approval from Grantor and with the agreement of the Wyoming Department of Environmental Quality. Dated: NI'H-(vY16r .4.1- , 2006 FMC PRODUCTION LLC (fka Astaris P uction LLC) By: N : \k ,t-A) -¡ i¥Ä4Jt1LD JbfYlea.) Title: ~/e.Eirv.e. fA- ()P6?Crt17bAJS STATE OF ( eVH\5 t-{J VlA-,1iA COUNTY OF PI,,; ¡Mid Pt1íA. ) ) ss. ) The foregoing instrument was acknowledged before me by J ol-1 ¥I T ß"'í"4vl'D"'1 f ~J ofFMC PRODUCTION LLC, this J-:¡. day of Åloli~W7k1sz.,,-, 2006. Witness my hand and official seal. ~P¡iC Sl(f My commission expires: ~I ~ I r9-cID 3575318_3,DOC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL AGNES F. SHAFIE, Notary Public City of Philadelphia, Phila. County My Commission Expires April 8, 2010 4 EXHIBIT A 0925438 TO GENERAL WARRANTY DEED LEGAL DESCRIPTION OF PROPERTY (See Attached) 000866 LEGAL DESCRIPTION 0925438 FOR LAND SALE 000867 A parcel olland located within and being a part of the NWl/4 and the SWI/4 of Section 12, Township 20 North, Range 117 West, Lincoln County, Wyoming, with boundaries more particularly described as follows: Beginning at the söuthwest comer of said Section 12; and nmning Thence N 0°04'00" E, along section line, the base bearing for this description, a distance of2254.62 feet to the south right-of-way line of the Elkol County Road No. 12-304; Thence N 55°25'21" E, along road right-of-way line, a distance of969.93 feet; Thence, leaving road'right-of-way, S 76°52'46" E a distance of 791.84 feet; Thence S 83°33'10" E a distance of 387.39 feet; Thence S 88°12'S8"E a distance of 430. 78 fed; Thence S 5°08'18" E a distance of 1808.34 feet; Thence S 59°31'42" W a distance of517.55 feet; Thence S 81°34'59" Wa distance of513.13 feet; Thence S 16°04'04" W a distånce of 416.17 feet to the soµth boundary line of Section 12; ,....' Thence S 88°50'42" W, along section line, a distance of 1481.30 feet to the point ofbegimúng; Enclosing an area of 136.10 acres, more or less. 261UN2006 not EXHIBIT A-I 0'925438 TO GENERAL WARRANTY DEED "BORROW AREA" OF PROPERTY FOR REMOVAL OF MATERIALS AND EASEMENT FOR ACCESS (See Attached) <000868 2 LEGAL DESCRIPTION: FMC ACCESS PERMIT 0925438 'OQOS69 A road permit for ingress and egress across a particular parcel of land described and recorded in book 444 PR, page 209 on file at the Lincoln County Court House. The road permit described herein is located in Section 12 of the resurvey of T.20N., R115W. of the 6th P.M. Lincoln County, Wyoming, and being more particulary described as follows: Commenging at the northeast corner of Section 12 of the resurvey of T.20N., R115W. of the 6th P.M., Lincoln County Wyoming, where is found a 3" brass cap; Thence SO"05"28"W, 2647.79 feet along the easterly boundary of said Section 12 to the east 1/4 corner of Said Section 12, where is found a 3" brass cap; Thence S65"43'16"W, 2965.75 feet to a point, where is found a 2" aluminum cap, stamped "CCI PE & LS 5465" set this survey herein after known as a CCI cap; " Thence S89"25'24"W, 440.02 feet to a point where is found a CCI cap; c , Thence ~0"35'36"E, 730.08 feet to the Point of Beginning of this description, where is found a CCI cap; - -. N89"25'16"E, ;:, Thence 360.01 feet to a point where is found a CCI cap; , ':' Thence N89"25'16"E, 250.70 feet to a point; - ~ ~ Thence S29"53'49"E, 92.11 feet to a point; L ~ Thence N60"04' 17"E, 362.00 feet to a property boundary proposed by Lincoln County; Thence 54"35' 43"E, 110.64 feet along the said proposed boundary to a point; L I. / ( Thence S60"04'17"W, 414.71 feet along said proposed boundary to a point; - ,. L Thence N29"53' 49"W, 133.63 feet to a point; , , Thence S89"25'16"W, 577.18 feet to a point; -- ] r Thence NO"34' 44"W, 1 00.00 feet to the point of beginning of this description; L The parcel described herein contains 2.54 acres more or less. ]. - ,. I. Exhibit A-I (I of 4) - ,- - - ___0__________________ __~__,_ 0 LEGAL DESCRIPTION: FMC BORROW AREA 0925438 ·1)00870 A parcel of land being a portion of a particular parcel of land described and recorded in book 444 PR, page 209 on file at the Lincoln County Court House. The parcel described herein is located in Section 12 of the resurvey of T.20N., R115W. of the 6th P.M. Lincoln County Wyoming, and being more particulary described as follows: Commenging at the northeast corner of Section 12 of the resurvey of T.20N., R115W. of the 6th P.M., Lincoln County Wyoming, where is found a 3" brass cap; Thence SO·OS "28 "w, 2647.79 feet along the easterly boundary of said Section 12 to the east 1/4 corner of Said Section 12, where is found a 3" brass cap; Thence S65·43'16"W, 2965.75 feet to the Point of Beginning of this description, where is found a 2" aluminum cap, stamped "ecl PE & LS 5455" set this survey herein after known as a CCI cap; Thence S89·25'24"W, 440.02 feet to a point where is found a CCI cap; I ,. Thence 50·35'36"E, 730.08 feet to a point where is found a CCI cap; .: .. Thence N89·2S'15"E, 360.01 feet to a point where is found a CCI cap; ;, :-- NOS· 39' 42 "E, ::-- Thence 734.41 feet to the point of beginning of this description. ,. The parcel described herein contains 5.70 acres more or less. L - j ... .- t: L .- r ~ '. t " , -. .. 1 - .. .. , . j' " Exhibit A-I (2 of 4) -.. o,"·O:::'1r;~ ,,: .:\41 . ~~ln'·I-= C ,.,k"'! PI·ln: - -'''4',- O:>I¡ ... I~/?n.ì.... '. . ...·...-\41-~FR.I.r1\'j'J, 11/. ·~·r· ;;"l¡;\r)~~II'IIH~C:\FIii:.I". 0925438 000871 z (I) r'" z~ 00 Oz çz- oj') 0-1 c. ~ .~ 01 z~ <: ~ :J: "'0 c:j' . '" ~o cC N 00·05'28" E 2647.79' "- .þo () o ;u z 'TJ ;u "tJ 1; m:;o (") OO~ ,." :;O"tJ"tJ (J) :;00 »(J»~(J)~ :;0 z <,." 0 ~"tJO»C~ ~ :;O~G") s:: ~(") :::¡ ~ --+--- ~ ~ Exhibit A-I (3 of 4) 0925438 '000872 " 'S 89'OS'I9" w 200J,J7' ,. ~ ,,/' " " " " " " ",," ",," ,," " /' ",,/ ",," 8 . ..... ..... ..... ~ ên ;0 "': Q.. ,.... b i1. o N :z: r EXISTING ASPHALT ACCESS --- :~~ .' -;~;2~- W 4JI.IO" ---- .'11 -01 .",1 ... <f:> , --'\---- Ie - 18"JJ'OS"-'::' R - 2764,79' L - 895,'9' CL ~ 891.29' S 84'24'JI" E -....... ¡¡¡' POI,," or BEGlNNtNG H U'40'5I- E 'JO.I<4" . N I12'QoI.·~D· E J '7.J5' ~ g. ~ "I I 5 25'14'4'· f. J l 227.7"'8 ./ .., I . , , . , , : N 1rJ.4'C).4- E-' 201.<404' " " CH - Section 12 :... "on ,.... ...... ...... ò ~ S. S·DS· [ .a.' - '-----..J .... ,..,.,......",. /I~'\ ////' I ([T\ / ""'.. \, \ ....!~ \ \ -"'''~ \ lì ( I u 8 o '" N o b o VI " "'" Crank C ompa·nies. Incorporated Consulling Engineering /< land Surveying ...1 I.IS. HWY. JD/lel', DIDmand...¡n.. Wyoming aD. 365 Olomond.UJ.. Wyoming 83116 OHaH£,(07) 8n-IOIJ '..:(J07)877-6J', Ü[SIC;",[O S',: '·V'~ DPAW'· eve;. JOE 1<11).: II 1 50 c...[c..;[(\ &',' TDe '" [¡Iole 6-0~-Q! ~ ¡¡; g. ~ pC" :1¡¡"-60 n.;j, 0: 'PFPO~W e.,. 1[;( fiLE ·l4IJE." IJOFF.J 1"(' OAlf e. Ù['.:-l'Ft';:'IC'11 (Attached for purposes of locating existing fences on or affecting the Property.) __0_--'- .- - .-.--- ...---------- .. -,..-...-.- ,..,'" Exhibit A-I (4 of 4)