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Home My WebLink About926957 ....J~ RECEIVED 2/22/2007 at 3:35 PM RECEIVING # 926957 BOOK: 649 PAGE: 389 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY GENERAL WARRANTY DEED 000389 FMC PRODUCTION LLC, a Delaware limited liability company, formerly known as Astaris Production LLC ("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 831 ° 1, 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 r~al 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. 7 '- 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. 000390 OSZ6957 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: ~1ot1t11'ï ~ ,2007 STATE OF _p W\^~ I V1..u\ i (i..... COUNTY OF JIA:II..6l..L-\ ~~rÌ\ FMC PRODUCTION LLC (flea Astaris Production LLC) ~~?cj;j:;:~~FV Title: ~,..yqr1fJltI~/~~77JL ) ) ss. ) The foregoing instrtunent was acknowledged before me by Jol1 h fJtV'~(o MltV ofFMC PRODUCTION LLC, this --Î- day of .~ 1VáA>"~ 2007. N~u~t S~ Witness my hand and official seal. My commission expires: ~ "8 I JD { 0 3662333_2.DOC ÇOMMONWEALTH OF PENNSYLVANIA I NOTARIAL SEAL AGNES F. SHAFIE. Notary Public . City of Philadelphia, Phila. County ¡ .. . MyCoin!T'i!;si0n. ~~E!~!:.~ April 8. 2010 }391 03Z69S? EXHlB IT A TO GENERAL WARRANTY DEED LEGAL DESCRIPTION OF PROPERTY (See Attached) U00392 09~6SS? LEGAL DESCRIPTION FOR LAND SALE A parcel ofland located witbin and "beÍDg a part of the NWl/4 and the SWII4 of Section 12, Township 20 North, Range 117 West, Lincoln County, Wyoming, with boundaries more partiC1.Ùar1y described as fonows: Beginning at the sóuthwcst comer of said Section 12; and running Thence N 0°04'0011 E, along section line, the base bearing for this descriptiDn, a distance of2254.62 feet to the south right-of·way line of the BIko1 County Road No. 12-304; Thence N 55°25121" E, along road right-of-way line, a distance of 969.93 feet; TheDce, leaving road right-of-way, S 76°52'46" E a distance of791.84 feet; Thence S 83°33'1011 E a distance of387.39 feet:; Thence S 88°12'58"E a distance of 430.78 feet; Thence S 5°08'18" B a distance of 1808.34 feet; Thence S 59°31 '42/1 W a distance of 517.55 feet; Thence S 8] °34'5911 W B distance of 513.J3 feet; Thence S 16°04'04" W a distBnce of 416.17 feet to the soµ!h boundary line of Section 12;'- Thence S 88°5014211 W, along section line, a distance ofl481.30 feet to the point of beginning; Enclosing an area of136.10 acres, more or less. 26JUN2006 nul II."'~ -~_93 09Z69S? EXHIBIT A-I TO GENERAL WARRANTY DEED "BORROW AREA" OF PROPERTY FOR REMOVAL OF MATERIALS AND EASEMENT FOR ACCESS (See Attached) 2 U00394 092695 LEGAL DESCRIPTION: FMC ACCESS PERMIT A rood permit for Ingress and egress across 0 particular parcel of fand described and recorded In book 444 PR. page 209 on file at the Lincoln County Court House. The rood permit described herein is located in Section 1Z of the resurvey of T.ZON., 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.ZON., R115W. of the 6th P.M., Lincoln County Wyoming. where is found 0 3" brass COPi 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 COP¡ Thence S65'4-3'16"W, 2965.75 feet to 0 point. where Is found a 2" aluminum cop. stomped "CCI PE & LS 5465" set this survey herein after known os a eCI cop; Thence S89"Z5'24-"W, 440,02 feet to a point where Is found a CCI cop; i ç Thence SO'35'36"£, 730.0B feet to the Point of Beginning of this description, where is found c CCI cap; .. Thence NBS"25 '16 "E, 360.01 feet to 0 point where is found a GCI cap; Thence N89'Z5' 16"E, 250.70 feet to 0 point¡ § Thence 529"53' 49"E, 92.11 feet to a point; : Thence N60"04"7"E, 362.00 feet to a property boundary proposed by Lincoln County; Thence S4·35'43"E, 110.64 feet along the said proposed boundary to a point; L \.~ I Thence 560'04'17"W, 414.71 feet along said proposed boundary to a point; I'. Thence N29"53'49"W, 1,33.63 feet to a point; :: Thence S89'25'16"W, 577:\6 feet to a point; i¡ Thence NO' 34'44"W, 1 00.00 feet to the point of beginnIng of this description; , (, The pareal described herein contains 2.54 acres more or less. I. ~ ~, i. Exhibit A-I (1 of 4) M. ... ,._ _._ ..,.J0395 09~69S7 LEGAL DESCRIPTION: FMC BORROW AREA 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 locoted 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.ZON., 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 Sold Section 12, where is found a J" brass cap; Thence S65' 4,}'16"W, 2965.75 feet to the Point of Beginning of this description, where Is found a 2" aluminum cop, stomped "ecl PE & LS 5465" set this survey herein after known as a eel cop: ~ Thence S89"25'24"W, 440.02 feet to a point where Is found a CCI cap; I ¡. Thence SO'35'36"E, 730.0B feet to a point where is found a eCI cap; Thence N89"25'16"E, 360.01 feet to a point where is found a CCI cap; " " :' Thence N05"39' 42"E, 734.41 feet to the point of beginnIng of this description. ~ The parcel described herein contains 6.70 acres more or less. ¡ .. I I. , r " < - :¡ '. Exhibit A-I (2 of 4) ''',l''''''''\4I= \1·":"- ~, . R,'IF.~·\¿I"'P"11,) ;...¡(IK\"....."IIII,C\P . ....,-1. r..... "'''Iftl -..,.. ""1-" o,,'.rn· ... ~O~ ~ N 00'05'20" E 2647.79' -0 ;!:: t1J;:o " °OIE rn ~-o'ii ~tI)~~~~ ~"'Dc at; ~ ~~ ~ 0 !~ " ~ . 1 (3 of <I) ExhibIt A- 000396 09Z6957 S .,.01 ,,- w 200:1)7 o p 5 r· i! I ---____: e / --l / ----- .I I I' t ~-~------_:..'\---- Ie. U"311t5--1 II .. 27'1,'1" d: - ....... cn .. I D.r1~~lJ{ Suction 12 :rf."..,". . or I /"....... /( //' I ,---:- .--J""\ l. I \ -', '-" - I " Crank C Olll/J/illle!, !/I(;orporBled C"nulllng C"gI"..rlno . Lond Su,..,.,lnD ., ,~~ ;;:....~:!:.~~~~"':" :C~"Y .,ID-hl.l.r) ,,.,..,.u ,...f:M7)1't7oa.n. "'CIIfO O",,¡,. .IOI!. Ir,).1 .'JO fI"'."" ." I' "'I I-Oi_D. ('"(I.tl"t IDC ..... lie.. """" u ¡ "..,,..)110 eo,. tile r"c "aU(. "IJD'II) Ill· I'" (Attncl1cd for purposes of locnting existing fences on or nffecting the Properly.) I I I 0: ". _w nr-.... . ... - "- - æ 8 ê fi IIt$\"In"''\Ï1I Exhibit A-I (4 of 4) --1)397 09Z69S7 vuu-.)~o 09Z6SS7 EXHIBIT B To General Warranty Deed PERMITTED EXCEPTIONS 1. Easement, including terms and conditions contained therein: Granted To: For: Recorded: Recording Information Lincoln Service Corporation electric transmission or distribution line or system April 12, 1960 Book 43PR, Page 544 2. Easement, including terms and conditions contained therein: Granted To: For: Recorded: Recording Information The Mountain States Telephone and Telegraph Company communication line facilities' December 9, 1974 BokI16PR, Page 202 3. Conditions, provisions and other matters as contained on the recorded plat of Plot Plan RCRA Hazardous Material Site filed December 1, 1989 as Instrument No. 711110 of Lincoln County public records. 4. Easement, including terms and conditions contained therein: Granted To: For: Recorded: Recording Information County of Lincoln, State of Wyoming a public roadway November 8, 1979 Book 161PR, Page 342 5. Notice of Deed including the terms and conditions thereof: Executed By: Recorded: Recording Information Roger C. Peters, Resident Manager, FMC Coke Plant December 1, 1989 Book 281, Page 14, as Instrument No. 711111 .-----.. -. - -'399 09Z6957 6. Notice of Deed including the terms and conditions thereof: Executed By: Recorded: RecQrding Information Roger C. Peters, Resident Manager, FMC Coke Plant December 1, 1989 Book 281, Page 15, as Instrument No. 711112 7. Any right, title or interest that the U.S. and others may have within a railroad right of way established under an Act of Congress. 3662368_1.DOC