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Home My WebLink About933522 RECEIVED 9/27/2007 at 4:55 PM RECEIVING # 933522 BOOK: 673 PAGE: 636 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY PIPELINE RIGHT-OF-WAY 000636 STATE OF WYOMING § § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF LINCOLN THIS Pipeline Right-of-Way Agreement (hereinafter called "Agreement") is made this 9th day of February, 2007, between UINTA DEVELOPMENT COMPANY, a corporation of the State of Wyoming, Grantor, and MOUNTAIN GAS RESOURCES, INC., a corporation of the State of Delaware, whose address is 1099 18th Street, Suite 1200, Denver, Colorado 80202-1955, 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 buried 6" 0.0. pipeline, (hereinafter called "Facility"), 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 "Premises") attached and made a part hereof, together with the right of ingress and egress to and from Premises for the purpose of exercising the rights granted. 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 Facility of Grantee on the Premises; 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 Premises for any purpose not inconsistent with the use by Grantee of said easement for the purposes herein defined. This Agreement 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 Premises, 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 fifty feet (5_0.1!.!l.-Width; however, Grantee shall have the right to use a seventy-five foot (75') temporary right-of-way during the time that Grantee is actually constructing the Facility; provided, however, the right-of-way shall be reduced to the fifty foot (50') strip of land described in the exhibit at such time as Grantee completes construction of the Facility. This Agreement 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 Premises or for any other damage whatsoever occasioned by subsidence of the surface of the Premises 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 Premises. 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 Premises 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 Premises 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 Premises, Grantee shall 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 vvy- S 0000 721r; 1 5 J 65'0 (1C'() () 2/ ócr / ).ßc/7 , ~,,) r~ "\.\ ./-' , (' h '\ L1)l.r 'ì.\·)n " .. '., ,\L <¡ .[ '\ .~ (¡;.i~· 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. 000637 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 (EP A) and/or state agencies. If Grantee's use of the Premises 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 Facility 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 Facility or the bursting of or leaks in said Facility, 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 Agreement, or any interest therein, without the written consel}t / of Grantor, which consent shall not be unreasonably withheld, - For the purposes of this Agreement, abandonment shall be defined as non-use of the /'" Premises or any portion thereof for the uses heretofore stated for the period of one (1) year. In the ...- event of abandonment of the Premises, or any portion thereof, either by non-use or otherwise, all rights herein granted shall cease and terminate with respect to the premises so abandoned, and Grantee, its successors or assigns, shall deliver to Grantor a recordable instrument evidencing that the title to the premises so abandoned is free and clear of said easement as well as any liens, encumbrances, clouds upon or defects in the title to said premises created or permitted to be created by Grantee, its successors or assigns. Termination of the rights granted hereunder shall not relieve Grantee, its successors and assigns from compliance with the covenants and agreements contained herein. If the facilities or any portion thereof are abandoned, and Grantee fails to remove the facilities so abandoned and restore the portion of the Premises 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 suc¡:'---àctìVi1ìe-SfÖYlhefäccÖÜrifófGrcmíee: Grantee hereby agrees that the surface of any of the Premises 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 of public lands. Grantee shall eradicate all noxious weeds from the Premises and shall not allow the same to go to seed. Additionally, Grantee shall not change the location of or injure any permanent fences or irrigation structures located on the Premises. This Agreement 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 Facility to such new location or remove said Facility from the Premises, as Grantor may designate, whenever Grantor shall find that such Facility unreasonably interferes with Grantor's contemplated use of the Premises. All the terms, conditions 2 and stipulations herein expressed with reference to said Facility on the Premises shall apply to the Facility as modified, changed or relocated within the contemplation of this paragraph. 000638 In accordance with Section 1445(b)(2) of the Internal Revenue Code, Grantor, Federal 10 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 Intemal Revenue Service by the Grantee and that any false statement made here could be punished by fine, imprisonment, or both, Subject to the foregoing, the terms and conditions of this Agreement shall be applicable to Grantee, its successors and assigns. IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Vice President, the day and year first herein written. " ,../l'" Attest: UINTA DE~~SOPM#PA~Y < ' ,/ /";; .------. By: .)/'¡'J-:''7'''''//(_, ¡// ~_../ Its: Vice 'presiêient ./ .~~~ if": Secletary ,- , ,- , (SEAL) ''''0'' .' ~ : .' STATE OF TEXAS ) ) ss: COUNTY OF MONTGOMERY ) _ ~ The foregoing instrumen~9Jålledged __ ~' 20.!22..., by ~ o~velopmen ompany. ! before me this ~ day of , Vice President of Uinta ~\\lIIIIIIIIIII/IIIIIIII. ~\\", .. \ N T IIIII~ ~~ ""'< UI"I ~ #~ '""~. 0°...0 ....~: 'V~ ~ G:>~"''\\>-~Y p(¡ ".«:' \, .:0 ,'. 0*<9(' ...-p ~ ~.~ ..... I \. ~ ~} I '" ."'1;: .J"r' ¡;¡ ~ ". ~,,^-r.L):' l$ ~ ....It. ~.' I ~ 0. ......'.P:,..,.. # ~",~.., 0-200~\\,# IlllflfI/II/IIIIIIII\II\'\ WITNESS my hand and official seal. 9111°~ . I ~~ My commission expires 3 STA TE OF WYOMING COUNTY OF LINCOLN ... ". ~ Ó ... :a: '<!' ... .... 0 I\J .... In SECf/a,~r 1~ TOWNSHIP 11ltVRlH, lANCE J 13 IfEST, ollbe 6th P JI. I N $"'0]'56' 'oJ 5299,44' 000639511'/ 'i?21,2~' V ! ~ N 43''';9''50' 'oJ 137.93' [( ~or J ~ I I : ~- - - :~.-- -- - - 1.-- - - - - :~~- - --- ~ l~U : I ~ ~ I I ~ I I I ~ 7.w- -~5....- :....- (/ I v-:: wr.1 I I I ~ 1 , I ~ I I ~- - - ~~5ffw- - - - - i S~- - - - - ~Šlš£- - - - - . ~ ~ I : 7/ Lor 4 : I ¡I I + ~m,¡ SCALE 1" :: 1000' 500' 0 lOGO' , APPARENT OWlVERSlllP: ~ UINTA ~ DEVELOPMENT !!l COMPANY g + FOUND MONUMENT SECTTON CORNER ~ FOUND MONUMENT QUARTER CORNER . PROJECTED CORNER z DATUM SPeS WYWC (NAD 27) Be STATE1VENT OF SlfRVEYOR: BRIAN L. FORBES STATES HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY MOUNTAIN GAS RESOURCES. INC, TO MAKE A SURVEY OF THE CENTERLINE. OF A PIPELINE RIGHT·Of·'NAY AS DESCRIBED ANO SHOWN ON THIS MAP; THAT THE SURVEY OF SA9D WORK WAS MADE UNDER HJS SUPERVISION ANDAUT~IORITY, COMMENCING ON T~QA.Y OF' OECEMBER,2006: AND THAT SUCH SURVEY IS ACClJRA rEl '( REPRESENTE[) UPON THIS MAP, ,//'~~:." '~~~~~~::i:1f;; ,/',:>··I".."·,~ L ';:.... '~.,. ./ ..:'f: ¡" .;~;'i.' I 9i~..... ,!' ß:'~~f,'/ cii' 5µ~ .~ ,'" . ..,.~~.... ......~~.,...,..... , ~. .~ .~ ", PLS ~OM \ .'". iI. "" '~ .,'___""'¡:":"'l~ "' J:;;:~.'~.¡~.....~t! "·4~.r.;:1:. ........:' , ¡¡ r,o', , ,~ - , ,$ Total R-O- W Wìdth_...:.:.1!2__Feet, _..2:¿_Left, _..2~_Righ{ of Cente..'/ine. _1:JLª-J.J" ee t. _lbl!1_Rods¡ _ QI5~_Acres. EXHIBIT A 1414 ELK ST., SUITE 202 ROCK SPRINGS, WY 82901 (307) 362.fi028 ~RIFFIN & ASSOCIA TES,INC. SCALE: 1" = 1000' JOB No. 14881 DATE: 1104107 A MAP SHOWING A PROPOSED PIPELINE RIGHT-OF-WA Y PREPARED FOR: MOUNTAIN GAS RESOURCES, INC. NICHOLAS 90-14 PIPELINE EXHIBIT "A" 14881 000640 PIPELINE LEGAL DES CRIPTION OF A PROPOSED RIGHT-OF-WAY ACROSS UINTA DEVELOPMENT COMPANY LANDS FOR MOUNTAIN GAS RESOURCES; INC. JANUARY 4,2007 A RIGHT-OF-WAY, 50.00 FEET WIDE FOR A PROPOSED PIPELINE, LYING WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 21 NORTH, RANGE 113 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING,LYING25.00FEEf ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST SECTION CORNER OF SAID SECTION 15, THENCENORTH 01 °00'49" EAST, 5,179.33 FEET TO THE TRUE POINT OF BEGINNING AND A POINT ONORNEAR THE EAST LINE OF SAID SECTION 15; THENCE NORTH 43°49'50" WEST, 137.83 FEET TO THE POINT OF TERMINUS AND A POINTON THE NORTH LINE OF SAID SECTION 15, SAID POINT BEING SOUTH 89°01 '56" EAsr, 5,19225 FEEf FROM THE NORTHWEST SECTION CORNER OF SAID SECTION 15. THE TOTAL LENGTH OF RIGHT -OF - WAY ACROSS UINTA DEVELOPMENT COMPANY lANDS AS DESCRIBED ABOVE IS, 137.83 FEET OR 8.35 RODS, CONTAINING 0.158 ACRES, MORE OR LESS. REFERENCE DRA WING No. 14881 (EXHIBIT A)