Loading...
HomeMy WebLinkAbout933906 EASEMENT DEED 0001.34 I ~d F \ C¡Lt THIS DEED, made this ~ day of - e kJ (1t1?1 r\j _, 19..LL, between UINTA DEVELOPMENT COMPANY, a corporation of the State of Wyoming, Grantor, and WILLIAMS GAS PROCESSING COMPANY, a corporation of the State of Delaware, whose postal address is 295 Chipeta Way, Salt Lake City, Utah 84158, Grantee: \ Lj '1ì WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considera- tion, to it paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con- veyed, and by these presents does grant, bargain, sell and convey unto Grantee, and unto its successors and assigns, a PERPETUAL EASEMENT for the construction, operation, maintenance, repair, renewal, relocation, reconstruction and use of 20" O.D. natural gas pipelines (hereinafter referred to as "Pipeline") upon, along and under the surface of the land situate in the Counties of Lincoln and Sweetwater, State of Wyoming, described in Exhibit "A", hereto attached and hereby made a part hereof and hereinafter referred to as the "Right-of-Way"; together with the right of ingress and egress to and from said land for the purpose of exercising the rights herein granted. ,] RESERVING, however, to Grantor, its successors and assigns, the right to construct at any and all times and to maintain roads, highways, railroad tracks, pipelines and tele- phone, telegraph and electric power pole and wire lines, over, under and across (but in such a way as not unreasonably to inter- fere 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 said premises for any purpose not inconsistent with the use by Grantee of said easement for the purposes herein defined. This E~sement Deed 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 subj ect also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person which may affect the said land, whether recorded or unrecorded. 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 seventy-five foot (75') wide right-of-way during the time that Grantee is constructing or maintaining the Pipeline, however, right-of-way shall be reduced to the thirty-foot (30') strip of land described in the exhibit at such time as Grantee completes construction or maintenance of the Pipeline. RECEIVED 10/10/2007 at 12: 13 PM RECEIVING # 933906 BOOK: 675 PAGE: 134 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CD:J'+J8 0001.35 strip of land described in the exhibit at such time as Grantee completes construction or maintenance of the pipeline. The grant of easement herein made is on the following express conditions: (a) Subsidence: Neither Grantor nor its affiliates shall be liable to Grantee for any damage occurring to said Pipeline to be constructed on 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 oil, gas or other minerals in or underlying the Right-of-Way prior to the date hereof; (b) Removal of oil and Gas and Associated Liquid HYdrocarbons: wi thout the prior consent of Grantee, neither Grantor nor its affiliates shall conduct drilling operations upon the surface of the Right-of-Way for oil, gas or other asso- ciated liquid hydrocarbons ("oil and gas"); PROVIDED, HOWEVER, that nothing herein contained shall limit the right of Grantor or its affiliates to remove such oil and gas from underneath the surface of the Right-of-Way by means of operations conducted on the surface of other lands, and provided further that in removing oil and gas from underneath the surface of the Right-of-Way, Grantor or its affiliates engaged in said operations shall exercise due care to avoid damage to Grantee's Pipeline thereon; and (c) Removal of Minerals Other than oil and Gas and Associated Liquid HYdrocarbons from Under the Right-of-Way: (i) Upon conclusion of a term of not less than ten (10) years from the date of this Agreement, Grantor or its affiliates shall give Grantee written notice of any intention to remove from any segment of the Right-of-Way minerals other than oil and gas not less than two years prior to commencement of such removal. Such notice shall be in sufficient detail to inform Grantee of Grantor's or its affiliates' plans to remove minerals other than oil and gas from any segment of the Right-of-Way. Grantor's or its affiliates' final mining plan with respect to such segment of the Right-of-Way shall · 000136 fully comply with all applicable local, state and federal laws, rules and regulations; (ii) If such removal of minerals by Grantor or its affiliates is to be conducted in such a manner as will interfere with a segment of the Pipeline, such notice shall include a written estimate of damages, if any, which Grantor or its affiliates might incur if the segment of the Pipeline is not relocated, which estimate shall include the basis for the calculation of such estimate of damages; (iii) within 120 days after receipt of such notice, Grantee shall be written notice to Grantor or its affected affiliates elect: (a) to relocate the affected segment of the Pipeline at its own cost and expense on other of Grantor's property, wi thin a time period consistent with the mining plan provided to Grantee pursuant to paragraph (c) (i) above. Substitute right-of-way to be provided by Grantor subject to availability of property suitable for intended use. Grantor reserves the right to charge additional consideration for the substitute right- of-way based on rates in effect at the time of relocation. In the event the consideration for the substitute right- of-way shall be less than that amount paid for the grant herein made, Grantor will not be required to reimburse Grantee for the difference; or (b) to not relocate the affected segment of the Pipeline and to pay Grantor or its affected affiliate the amount of damages set forth in the estimate of damages furnished to Grantee pursuant to paragraph (c) (i i) above, or any other amount agreed upon by Grantee and Grantor or Grantor's affected affiliate for such damages; or (c) to not relocate the affected segment of the Pipeline and to exercise its right to eminent domain or any other legal remedies which might be available to Grantee at such time for the purpose of determining what amount of damages is to 000137 be paid to Grantor or its affected affiliate for the resultant taking of the affected mineral estate. (iv) Neither Grantor or its affected affiliate nor Grantee shall arbitrarily or unreasonably exercise its rights hereunder; and (v) Should Grantee elect to relocate at its cost and expense any segment of the pipeline so as to accommodate the mining plan of Grantor or its affiliate, Grantee shall not again be required to relocate such segment of the Pipeline without reimbursement from Grantor or its affected affiliate for any and all losses, damages, expenses, and costs, of whatsoever kind (exclusive, however, of any consequential losses, damages, expenses and costs), incurred by Grantee in the relocation thereof. (vi) Should the costs of any Pipeline relocation and subsequent reconnect ion of a well or wells, in Grantee I s opinion be economically unjustified, that affected segment of the Pipeline shall be abandoned and Grantee shall relinquish all rights thereunder as subse- quently provided for herein. Grantee, for itself, its successors and assigns, by the acceptance of this Easement Deed, agrees to indemnify and hold harmless Grantor and its affiliates, their officers, agents, employees, successors òr assigns, against and from any and all liability, loss, damage, claims, demands, actions, causes of action, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from personal injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, including the Pipeline of Grantee, when such personal injury, death, loss, destruction or damage, howsoever caused, grows out of or arises from the bursting of or leaks in said Pipeline, or in any other way whatsoever is due to, or arises because of, the existence of said Pipeline or the construction, operation, maintenance, repair, renewal, reconstruction, removal or use of said Pipeline or any part thereof, or to the contents therein or therefrom, 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. 000138 It is expressly made a condition of this easement that if Grantee, its successors or assigns, shall abandon the premises of Grantor in the location described in Exhibit "A", or any portion of said premises, for the purposes of this easement, then and in that event all the rights herein granted shall cease and terminate with respect to the premises so abandoned, and the title to said premises shall be freed from the burden of said easement; and it is further agreed that nonuse of the premises described in Exhibit "A" or any portion thereof for the purposes of said easement for the period of two (2) years shall be deemed an abandonment of the premises or portion thereof not used, provided, however, that abandonment shall not be deemed to have occurred if the nonuse of the premises or a portion thereof is for less than two (2) years and is caused by market conditions or by circumstances beyond the reasonable control of Grantee. In the event of abandonment of the premises of Grantor in the location described in Exhibit "A", or any portion of said premises, either by nonuse or otherwise, Grantee shall deliver to Grantor a recordable instrument evidencing that the title to the premises so abandoned is free and clear of the burden of said easement and is free and clear of liens, encumbrances, clouds upon or defects in the title to said premises created or permitted to be created by Grantee. If the facilities or any portion thereof are abandoned, and Grantee fails to commence good faith efforts to remove the facilities so abandoned and restore the portion of the land described in Exhibit "A" 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 agrees that all of the surface areas of the Right-of-Way disturbed in the exercise of the rights granted hereunder shall be reseeded with fifty percent (50%) thickspike wheatgrass and fifty percent (50%) western wheatgrass, to be applied at the rate of fifteen (15) pounds per acre; provided, however, in the event the reseeding and maintenance of such areas with fifty percent (50%) thickspike wheatgrass and fifty percent (50%) western wheatgrass falls below standards consiste'nt with applicable Bureau of Land Management, United states Department of Interior, requirements on comparable adj acent areas of public lands, then in that event such higher standards as may be required by the Bureau of Land Management, United states Department of Interior, shall be adhered to. Addi tionally, Grantee shall eradicate all noxious weeds from said lands and shall not allow the same to go to seed. In accordance with Section 1445(b) (2) of the Internal Revenue Code, Grantor, Federal ID No. 13-2678588, 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 0001.39 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 its Attorney-in-Fact the day and year first herein written. UNION PACIFIC LAND RESOURCES CORPORATION ¡;:.! ,;,// ,--7 I//' './/' ...~y -7 /,/ ,,":"'i (, ~~...J'~"'" / By: .,.,·é?-·-ri7t~ Its-:-""':A ttorney- in- Fact STATE OF ss. COUNTY OF The oregoing instrument was acknowleqged/'þ~fore me this /¡;;t day of , 19:i!:/:..,f by 6,15. 'd,;te..R-s , as Attorney-in-Fact of UN N PACIFIC LAND RESOURCES CORPORATION. witness my hand and official seal. My commission expires: 0{-3/- c¡ 7 'c ~~_~ Notary Public "I,l" -',~~~;~:~:':. ..~':: - <. , \ :i'~~'<1¡teJ \ __JS:~~~J) ~1i:~0~,r>/ ":":,,.., ,'J1"'1.., ", ¡:i¡;,~,),' ~ . "of '-1 ;:............~_,....,.~ .1' It ("'~ .. ) i" VERA PRICE Notary Public STATE OF TEXAS r.1y Comm. Exp. 01/31/97 EXHIBIT "A" September 16, 1992 000140 NORTHWEST PIPELINE CORPORATION TRUNK "A" 20" EXTENSION PIPELINE CROSSING A PORTION OF UNION PACIFIC RESOURCES COMPANY PROPERTY SECTION 27, TOWNSHIP 21 NORTH, RANGE 114 WEST, 6TH P.M. LINCOLN COUNTY, WYOMING A strip of land 30 feet wide across a portion of Section 27, Township 21 North, Range 114 West, 6Th P.M., Lincoln County, Wyoming, being 15 feet Southerly and 15 feet Northerly of the following described survey line; which is the centerline of the existing 20" diameter pipeline: Beginning at a pOint located on the West quarter section boundary line of the Southwest quarter of the Northeast quarter of Section 27, said paint bears North 39'401 East, a distance of 4138.0 feet from the Southwest corner of said Section 27; Thence South 62'411 East, a distance of 35.6 feet; Thence South 89'491 East, a distance of 2592.5 feet to a point located on the East boundary line of the Southeast quarter of the Northeast quarter of said Section 27, said point bears North along said boundary line, a distance of 199.2 feet from the West survey tract corner of said Section 27. The length of the above described survey line is 2628.1 feet, or 159.279 rods, or 0.498 miles. Dwg. No. R/W No. A786.0-1O 435