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Home My WebLink About925915 000726 PIPELINE RIGHT-OF-WAY STATE OF WYOMING § § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF LINCOLN ') THIS EASEMENT, Made this 21st day of November, 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. /, " .f '"", 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 against said Right-of-Way, Grantee shall RECEIVED 1/9/2007 at 11 :54 AM 1 RECEIVING # 925915 BOOK: 645 PAGE: 726 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0925915 , 000727 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 ofthis 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 to or 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-ot-Way so abandoned is tree and clear ot said Easement as well as any liens, encumbrances, clouds upon or detects in the title to said Right-ot-Way created or permitted to be created by Grantee, its successors or assigns, Termination ot the rights granted hereunder shall not relieve Grantee, its successors and assigns trom compliance with the covenants and agreements contained herein, It the tacilities 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 ot any of the Right-ot-Way 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 ot public lands. Grantee shall eradicate all noxious weeds trom the Right~t-Way and shall not allow the same to go to seed. Additionally, Grantee shall not change the location ot or injure any permanent tences or irrigation structures located on the Right~f-Way. 2 0925915 000728 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. ,/ ,/ ;~\~~..~tteSt,~~!.:, (, "~'/~i!Kt£¿ ~$;I / . . (.'. ( §~ f cretary ~~' . :;;.,~ , .....',- GV (,.. " -~..<: ~ ,':" _() ; ~ ,1, I '-;"';:_.\. r- ') ~¡: " , . ~'¡;j;'-"'" ' ~(SEAL) -:::... .......,....... ,".,' '. --:'~,./, MNò'':(, " ·"..'~~·//I 1.1/1, ¡Ii" _/7~ UINTA D'/'t~PM70r:ANY By: ,?tP7f 'z:f.'------- Its: /' Vice ,Pres dent ,;1:::'/ STATE OF TEXAS ) ) ss: COUNTY OF MONTGOMERY ) D ~, foregoing instrument as ac. N ,20DIo, by J.. . Development Company. before me this ~ day of , Vice President of Uinta WITNESS my hand and official seal. My commission expires ?fI10? cittJ~~ N ta ublic ~1":,;.;~~;;~[~;:::"'''·'',~"·¡::',~~~·:' ' ".:' ,."~~.: ,'~ ,-, ".; 'I {,';' ,i~ '~M ;:>U"'J-'¡$, ,j T dni\!t:n h ~ . ..",..,... t 4 TI·, ;,~\ ,., MY '~("\':Vi"'':ION E"r':>IR~:" I¡} i ~\.~:~,'~,,~?I \" 1.,11. I _''V J\' ,L;;'-'> ~ ~. "...:...\~:",...;.:~.;¡..~ ¡1nr'-rit iJ 2008 ~, tL-:";':~~~'~'>;^"'~":C:"~~:~"F~;.,,~c~,~;0 (SEAL) 3 0325915 EXHIBIT "A" March 6, 2006 000729 Williams Gas Processing Moxa Arch Gathering System Whiskey Buttes 6-35 Crossing a portion of Uinta Development Property Section 35, Township 21 North, Range 112 West, 6TH PM, Lincoln County, Wyoming A strip ofland 30 feet wide across a portion of Section 35, Township 21 North, Range 112 West, 6th PM, Lincoln County, Wyoming, being 15 feet each side, measured at right angles ftom the following described survey line, which is the centerline of an existing 4 1/2 inch diameter pipeline: Beginning at a point located in the Southwest quarter ofthe Northeast quarter of Section 35, said point bears South 34d4'30" West a distance of2500.7 feet from the Northeast comer of said Section 35; Thence South 82d40'29" East a distance of 647.7 feet; Thence South 50dI6'49" East a distance of 429,1 feet; Thence South 65d39'37" East a distance of21O.0 feet to the end ofthe line at a point located in the Southeast quarter of the Northeast quarter of said Section 35: said point bears North 61 d29'54" West a distance of 269.5 feet from the East quarter comer of said Section 35. The length of the above describes survey line is 1286,8 feet, or 77,988 rods, or 0.244 miles. Dwg. No. R/W No. 24A786,O-37-1 8043 K:\Ds\MAPPING\Documents\Centerline Desriptions\ 786\24A 7860-37 -I.doc .".--> '~._-----_._-'-""--'~'------_.-.."._,_._-_._.. ~-----...__.__...._...._. . -..._-.-...._- ,-....-------.....--.-,...--... -