HomeMy WebLinkAbout928049
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Overland Pass Pipeline Project
RECORDING REQUESTED BY AND RETURN TO:
OVERLAND PASS PIPELINE COMPANY, LLC
P. O. BOX 267
CHEYENNE, WY 82003
Document Prepared by:
Real Estate Department
Overland Pass Pipeline Company, LLC
c/o Right of Way
P. O. Box 871
Tulsa, OK 74102
RECEIVED 4/212007 at 12:15 PM
RECEIVING # 928049
BOOK: 653 PAGE: 81
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
(
\
(SPACE ABOVE FOR RECORDER'S USE ONL v)
EASEMENT AGREEMENT.
For and in consideration of the sum of Ten Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and subject
,'I to the terms and conditions hereinafter defined, Williams Gas Processing Company, a
Delaware company, (hereinafter called "Grantor") with a mailing address at P.O. Box
645, WRC 3-9, Tulsa, OK 74101, does hereby grant, sell and convey unto Overland Pass
---'
Pipeline Company, LLC, a Delaware corporation, (hereinafter called "Grantee") with a
mailing address of P.O. Box 871, Tulsa, OK 74102, a non-exclusive easement and right-
of-way (hereinafter called the "Easement") to install, operate, maintain, inspect, repair,
replace and remove a pipeline consisting of a meter station, scraper trap, remote valve
and related appurtenances (collectively the "Grantee's Facilities") for the purpose of
receiving, delivering and transporting natural gas liquids products within and across a
certain .92 acre tract of land (the "Easement Site") as described on Exhibit "A", attached
hereto and made a part hereof. The Easement Site is a part of a certain tract of land
(hereinafter called "Grantor's Land") located in a parcel of land located Lot 37,
Township 21 North, Range 114 West, Grantor's Land being more particularly described
by metes and bounds within a certain Conveyance, Deed, Bill of Sale and Assumption
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Agreement dated April 30, 2001, from Northwest Pipeline Corporation, to Williams Gas
Processing Company, filed of record on May 9, 2001 and recorded in the Laramie County
Clerk office at Book 464 at Page 068,.
This grant is made without any warranty of title by Grantor either express or
implied.
Grantor further conveys to Grantee the right of reasonable ingress and egress to
and from the Easement Site across Grantor's Land either within the Easement Site or
within established roads and through established gates upon Grantor's Land together with
the right to utilize reasonable additional temporary work space along and adjacent to the
Easement Site provided that no such use shall interfere with Grantor's use and enjoyment
of Grantor's Land. Except in the case of emergency, Grantee shall give Grantor at least
24 hours notice of its intent to enter onto Grantor's Land for routine work on the Meter
Station within the Easement Site, and 15 days notice of its intent to enter Grantor's Land
to carry out significant, major work such as excavation and lifting by crane.
By acceptance of this Easement, Grantee hereby covenants and agrees to bind
itself, its successors and assigns, to the following described terms and conditions:
1. Grantee shall exercise the rights herein granted in a manner which will not
unreasonably interfere with Grantor's present use of Grantor's Land including
that portion of Grantor's Land contained within the Easement Site.
2. The Grantees Facilities within the Easement Site shall be limited to those facilities
that are currently located upon the Easement Site and to the replacement of any
such existing facilities. If Grantee should desire to install additional facilities,
Grantee must first acquire the prior written consent of Grantor which consent
shall not be unreasonably withheld. Grantee shall have the right to place signs
identifying Grantee's Meter Station upon Grantee's existing fences surrounding
the Easement Site.
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3. All of Grantee's facilities installed by virtue of this Easement shall be constructed
in a good workmanlike manner and in accordance with existing safety and
industry standards and regulations. Grantee shall exercise all due precaution and
safety in exercising its rights under this Easement and shall ditch by hand in areas
deemed necessary by Grantor's designated on-site representative to avoid
damaging any existing facilities. No boring or jacking operations by Grantee will
be permitted within Grantor's Land and all excavations shall be "open trench".
4. Grantee shall observe all rules and regulations that have been or hereafter may be
promulgated by Grantor and/or governmental authorities having proper authority
over activities within Grantor's Land for the conduct of individuals while on
Grantor's Land including, but not limited to, rules and regulations with respect to
acts or practices deemed hazardous (including a "hot work" permit from Grantor
before any welding, grinding, or acetylene torch work is perfonned, and
adherence to Grantor's visitor sign-in and security procedures) and Grantee also
agrees to enforce compliance therewith by its employees, contractors, agents and
invitees.
5. Grantee shall pay all taxes which may be levied or assessed against Grantee's
facilities installed by virtue of this Easement and Grantee further agrees to
reimburse Grantor for the amount of any taxes which may be assessed against
Grantor by reason of Grantee having installed Grantee's facilities upon Grantor's
Land.
6. Grantor reserves the right to use Grantor's Land, including, but not limited to the
right to construct underground facilities, and install roads, parking lots and
fencing and the right to grant others similar rights within and across the Easement
Site. Grantee accepts this grant subject to all prior easements, leases and other
interests in Grantor's Land created by Grantor or Grantor's predecessor's in title
whether the same be of record or not, and all rights conferred by this Easement
,
,
I
,
opa~ Metering Station - OP-WY -Ll-SPM-OOOl
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O~28049 000084
shall be exercised so as to avoid interference with any such prior easements,
leases or other interests.
7. Grantee shall indemnify, save, hold harmless, , defend Grantor, its affiliated
companies and partners and the directors, officers, employees, and agents of each
such company and partners from any and all claims, demands, costs, (including
without limitation, reasonable attorney and expert witness fees and court costs),
expenses, losses, causes of action (whether at law or in equity), fines, civil
penalties and administrative proceedings for injury or death of persons or damage
or loss to property, environmental damages, or other business losses, including,
without limitation, those made or incurred by Grantor or their affiliated
companies and partners and the directors, officers, employees, or agents of each
such company and partner, or third parties, or governmental agencies in any way
arising from or relating to the exercise of the rights herein granted through this
Easement or from any work or acts attributable to Grantee, Grantee's employees,
representatives, successors, contractors or assigns. The above described
indemnification clause shall not be interpreted to cause Grantee to indemnify,
save, hold harmless and defend Grantor from any of Grantor's negligence or
willful misconduct.
8. During the exerCIse of Grantee's rights as set forth in this Easement within
Grantor's Land, Grantee shall warrant that Grantee's contractors shall carry
commercial general liability insurance on an occurrence form with a combined
single limit of $1,000,000 each occurrence for bodily injury and property damage
including coverage for blanket contractual liability, independent contractors, and
sudden and accidental pollution. If any or all of the liability insurance is "claims-
made", then in the event of cancellation of the insurance, substitute insurance
shall be provided with terms and conditions and policy limits that comply with
this Agreement including a retroactive date reflecting the commencement date of
this Agreement and any such substitute or renewed insurance shall be maintained
in full force and effect for at least two (2) years or provide for a two (2) year
Opal Metering Station - OP-WY-LI-SPM-OOOl
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discovery period fro the date this Agreement'terminates. Grantee's contractors
shall waive and shall require their insurers to waive any right of subrogation or
recovery they may have against Grantor, its parent or affiliated companies and
partners. Grantor, its parent and affiliated companies and partners, shall be
named as an additional insured, on a primary basis, with respect to the work
performed under this Easement. The required liability insurance can be met under
a primary or an excess policy or any combination thereof. Certificate(s) of
insurance evidencing the above-described coverage must be delivered to
Grantor's designated representative if so requested by Grantor
9. All notifications under this Easement shall be written and shall be forwarded
through certified mail return receipt requested to the following addresses:
10.
If to Grantor-
Williams Gas Processing Company
Attention: Clayton Harris
One Williams Center
P. O. Box 3102, Mail Drop WRC 3
Tulsa, OK 74101
If to Grantee-
Overland Pass Pipeline, LLC
Attention: Real Estate Services
P.O. Box 871
Tulsa, OK 74102
11. Should Grantee cease to use the Grantees Facilities for the purposes above
described for a continuous period of two (2) years, this Easement shall terminate
and Grantee, at Grantee's expense, shall first immediately remove the Grantees
Facilities from Grantor's Land and shall, within ninety (90) days after Grantee's
use of the Grantees Facilities ceases, deliver to Grantor a complete release of this
Easement as recorded in the appropriate County records.
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This Easement together with the above-described terms and conditions shall
constitute covenants running with the land and shall be binding upon and inure to
the benefit of Grantor and Grantee, their successors and assigns. Grantee shall
not assign this Easement in whole or in part to any other entity unless and until
Grantee acquires the prior written consent of Grantor which consent shall not be
unreasonably withheld.
IN WITNESS WHEREOF, this Agreement has been executed this ..z....
day of:Þ4j/(t/'c1-- , 20(1 J .
C/
WILLIAMS GAS PROCESSING COMPANY
By
Name:
Title:
A·~·~.//~
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tÍ/;I'/-;;~" "'; / t I /;-;"y;/-
/ /' / 'j. ;'-
-GRANTOR
By
Name: W It Hoppensteadt
Title: Attorney-in-Fact
-GRANTEE
Opal Metering Station - Op·WY·LI-SPM-OOOl
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STATE OF OKLAHOMA )
)SS
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for the county and state
afOIYSaid~O this J day of :P;ftld-- , 2rf1./ personally appeared
ah( 7- /,j . O. .
;'1 I ( - 6";; Attorney-In-Fact for WIllIams Gas Processmg ~~a~, ansUh t saId..
instrument was signed on behalf of said corporation, and said ~Þ1 . . ///J
acknowledged said instrument to be the free act and deed of said company.
In testimony whereof, I have hereunto set my hand and affixed by official seal at
my office in said county and state the day and year last above written.
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Notary Public
Opal Metering Station - OP-WY-LI-SPM-OOOl
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000088
STATE OF 0 kl cthcJfY1e-
COUNTYOF~c-
~
On this ~Y"d day of \ ) o. Jl.A-~"ì ,20n, before me appeared Walt
Hoppensteadt, to me personally known, who, being by me duly sworn, did say that he is
the Attorney-in-Fact of Overland Pass Pipeline, LLC and that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, and that said instrument
was signed and sealed in behalf of said corporation by authority of its
m £m6.e".../ (YIc..,vtl.1&"", and said Walt Hoppensteadt acknowledged said instrument to be
the free act and deed of said corporation.
In testimony whereof, I have hereunto set my hand and affixed my official seal at
my office in said county and state the day and year last above written.
GðXJ~~-<!"""
Notary Public
My Co
CJlary Public Olllahoma
OFFICIAL SEAL
RONDA S. JACKSON
ruLSA COUNTY
I N #99019541
Comm. Ex .01-06-2008
Opal Metering Station - oP- WY -LI-SPM-OOOl
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LOT
092+
No. : , TOWNSHIP 21 NORTH, E JGE 114 WEST, of
6th P.M., COUNTY OF LINCOLN, STATE OF WYOMING
20
T/7777T77T~d~STN
N 86'09':37" W 5273.45'
the
AC
000089
AC
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I 1/ 'I NENE - - -
Vs 00'35'32" E 2046.16' ,¿I" ~ 47ô~~ - - - --
!I; S 80'~!f8 -- I
~ _ - - I LOT 1 I
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ar-----~------
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------L.
22 23~____
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24 ---
SEE "EXHIBIT B"
FOR DETAIL
SCALE
500'
o
1" = 1 000'
1000'
,
APPARENT
OWNERSHIP:
WILLIAMS GAS
PROCESSING
COMPANY
LOT 4
LOT 5
TITLE INFORMATION
PROVIDED BY: WILLBROS
+ FOUND MONUMENT
SECTION CORNER
~ FOUND MONUMENT
QUARTER CORNER
. PROJECTED CORNER
~ FOUND MONUMENT
LOT CORNER
19
LOT No.
37
BEARING
L1 S 05'11'02" W
L2 S 35'25'53" W
DISTANCE
165.80'
901.66'
LOT 6
LOT 7
26
r
,
I
,
_J
25
DATUM
UTM 13 NORTH (NAD83)
STATEMENT OF SURVEYOR:
I, CHARLES F. WOOD STATE THAT I AM BY OCCUPATION A STATE OF WYOMING
LAND SURVEYOR REGISTRATION No.59B EMPLOYED BY OVERLAND PASS PIPELINE
COMPANY LLC TO MAKE A PRELIMINARY SURVEY OF THE CENTERLINE OF A
PIPELINE RIGHT-OF-WAY AS DESCRIBED AND SHOWN ON THIS MAP; THAT THE
SURVEY OF SAID WORK WAS MADE UNDER MY SUPERVISION AND AUTHORI1Y,
COMMENCING ON THE 5TH OF DECEMBER, 2005: AND THAT SUCH SURVEY IS
ACCURATELY REPRESENTED UPON THIS MAP.
Total R-O- W Width_2.º-_Feet,
-2~Left, _.22_Right of Cen terline.
-LQil~~Feet,~. 69_Rods,_.1:2.2~Acres.
Total Temporary Work Space_ 0.655_Acres.
Total Additional Temporary Work Space_ O.4.§~Acres.
EXHIBIT A
'n.t:!RIFFIN & ASSOCIA TES, INC.
~j 1414ELKST.,SUlTE202
ROCK SPRINGS, WY 82901
(307) 362-5028
~
'0UMInd ....
A MAP SHOWING A
PROPOSED PIPELINE RIGHT-OF-WA Y
PREPARED FOR:
OVERLAND PASS PIPELINE COMPANY LLC.
OVERLAND PASS PIPELINE PROJECT
SHEET 1 OF 3
TRACT No. OP-WY-LI-0001
DWG. No. 890-RE-0001
DRG JOB No. 13446
SCALE: 1" = 1000'
DA TE: 6/23/06
OS28049
SHEET 2 OF 3
OP-WY-LI-OOOl
PIPELINE
LEGAL DES CRIPTION
OF
A PROPOSED PIPELINE RIGHT-OF-WAY
ACROSS I
I
WILLIAMS GAS PROCESSING COMPANY LANDS
I
FOR I
OVERLAND PAS S PIPELINE COJrANY LLC.
I
JUNE 23, 2006
000090
A RIGHT-OF-WAY, 50.00 FEET WIDE FOR A PROPOSED PIPELINE, LYING WITHIN LOT 37,
TOWNSHIP 21 NORTH, RANGE 114 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY,
WYOMING, LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST SECTION CORNER OF SECTION 27, TOWNSHIP 21 NORTH,
RANGE 114 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN, COUNTY, WYOMING, THENCE SOUTH
80025'38" WEST, 4,769.18 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 05°11 '02" WEST, 165.80 FEET;
THENCE SOUTH 35°25'53" WEST, 901.66 FEET TO THE POINT OF TERMINUS AND A POINT ON OR
NEAR THE EAST LINE OF SAID LOT 37, SAID POINT BEING SOUTH 00035'32" EAST, 2,046.16 FEET
FROM THE NORTHWEST SECTION CORNER OF SAID SECTION 27.
THE TOTAL LENGTH OF A PIPELINE RIGHT-OF-WAY ACROSS WILLIAMS GAS PROCESSING
COMPANY LANDS AS DESCRIBED ABOVE IS 1,067.46 FEET OR 64.69 RODS, CONTAINING 1.225
ACRES, M ORE OR LESS.
REFERENCE DRAWING No. 890-RE-0001 (EXHIBIT A)
LOT No. 37, JWNSHIP 21 NORTH, RAN\.. _ 114 WEST, of
; ~Z8049 the 6th P.M., COUNTY OF LINCOLN, STATE OF WYOMING
00009
BEGIN <1. ROW ~
~ ROW
PERM.
ROW
REFERENCE DRAWING No. 890-RE-0001
Total Temporary Work Space-1l.§55_Acres.
Total Additionol Temporary Work Space_ O. 4~fLAcres.
EXHIBIT B
~RIFFIN & ASSOCIATES, INC.
~j 1414ELKST.,SUITE202
ROCK SPRINGS, WY 82901
(307) 382-5028
.
-
TRACT No. OP-WY-LI-0001
DWG. No. 890-RE-0002
DRG JOB No. 13446
SCALE: 1" = 100'
DA TE: 6/23/06
A MAP SHOWING
PROPOSED TEMPORARY USE AREAS
PREPARED FOR:
OVERLAND PASS PIPELINE COMPANY LLC.
OVERLAND PASS PIPELINE PROJECT
SHEET 3 OF 3