The URL can be used to link to this page

Home My WebLink About933907 CATHODIC PROTECTION EASEMENT STATE OF WYOMING § § § 000141 KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF UINTA THIS EASEMENT, Made this 11th day of March, 2003, between UINTA DEVELOPMENT COMPANY, a corporation of the State of Wyoming, whose address is P.O. Box 1330, Houston, Texas 77251-1330, Grantor, and WILLIAMS GAS PROCESSING COMPANY, whose address is One Williams Center, WRC3-9, Tulsa, Oklahoma 74172, 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, removal and use of cathodic protection stations (hereinafter called "Facility"), with necessary appurtenances thereto, upon, along and under the surface of the land situate in the County of Lincoln, State of Wyoming, described in Exhibits "A" and "B", (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 ¡ t 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 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 Premises, whether recorded or unrecorded, and is made without covenant of title or for quiet enjoyment. This Easement cancels, replaces and supercedes Agreement dated December 9, 1982, recorded February 16, 1983, in Book 197PR, Page 463, as document #591820 and Agreement dated December 9, 1982, recorded February 16, 1983, in Book 197PR, Page 471, as document #591821. 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 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 RECEIVED 10/10/2007 at 12: 16 PM RECEIVING # 933907 BOOK: 675 PAGE: 141 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY 1 c\.O ~~o COQ, ~ lb 0001.42 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, conseNation, 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, seNices, 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 tiled 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 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 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 OF THIS EASEMENT, 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, 2 REMOVAL OR USE OF SAID FACILITY OR FROM ELECTRIC CURRENT CONDUCTED THEREON OR ESCAPING THEREFROM, 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. 0001. 43 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 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 such activities for the account of Grantee. 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. 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 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 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. 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. 3 ( IN WI~ESS WHEREOF, Grantor has caused these presents to be signed by its Vice President, the day and year first herein written. 000:144 UINTA DEVELOPMENT COMPANY Attest: ,,," ../ ~ ' . d . Secretary I, i'" I '"'. ., ' .. I -. 'J ,¡ i' . J' . ~ -. \ c ç íSEAL) .~\¡ t Pi L,I ," , .. ·>";t::_;..i,..··.~,,: :'...,,~:W'l9 By: Its: Vic )1 STATE OF TEXAS ) ) ss: COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this ~ day of 111lJrt!h , 20..a.2., by JamtS L.()uMomb , as Vice President of Uinta Development Company. WITNESS my hand and official seal. My commission expires Januanr '1. ZCbÞ, Ifvt CI da Ø/,-cJ,dk; bìl.u.t.a'IV NcJ(ary Public (SEAL) ~~*~~" ANGELA MICHElLE GILBREATH 'I.... ....., MY COMMISSION EXPIRES .....~..~~. 'ò.P.t....... January 7. 2006 4 EXHIBIT "A" 0001.45 MOXA ARCH GATHERING SYSTEM - C.P.S. #1367 SITE CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY SECTION 1, TOWNSHIP 21 NORTH, RANGE 112W, 6th P.M. LINCOLN COUNTY, WYOMING A parcel of land lying and being in the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section One (1), Township Twenty-one (21) North, Range One Hundred Twelve (112) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming, being more particularly described as follows: Beginning at a point located in the NW1/4 of the SW1/4 of said Section 1, said point bears North 10°49' East, a distance of 1774.4 feet from the Southwest Corner of said Section 1; Thence South 00°16' East, a distance of 10.0 feet; Thence South 89°44' West, a distance of 290.0 feet; Thence South 00°16' East, a distance of 100.0 feet; Thence North 89°44' East, a distance of 20.0 feet; Thence North 00°16' West, a distance of 80.0 feet; Thence North 89°44' East, a distance of 290.0 feet; Thence North 00°16' West, a distance of 10.0 feet to the Point of Beginning. The above-described parcel of land, R/W No. 811006, contains an area of 0.179 acre, more or less. 5 EXHIBIT liB" MOXA ARCH GATHERING SYSTEM - C.P.S. #1368 SITE CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY SECTION 33, TOWNSHIP 20 NORTH, RANGE 112W, 6th P.M. LINCOLN COUNTY, WYOMING 0001.46 A parcel of land lying and being in the Southwest Quarter of the Northeast Quarter (SW1/4NE1/4) of Section Thirty-three (33), Township Twenty (20) North, Range One Hundred Twelve (112) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming, being more particularly described as follows: Beginning at a point located in the SW1/4 of the NE1/4 of said Section 33, said point bears North 35°29' West, a distance of 3353.0 feet from the Southeast Corner of said Section 33; Thence North 29°20' West, a distance of 10.0 feet; Thence North 60°40' East, a distance of 290,0 feet; Thence North 29°20' West, a distance of 30.0 feet; Thence North 60°40' East, a distance of 20.0 feet; Thence South 29°20' East, a distance of 80.0 feet; Thence South 60°40' West, a distance of 20.0 feet; Thence North 29°20' West, a distance of 30.0 feet; Thence South 60°40' West, a distance of 290.0 feet; Thence North 29°20' West, a distance of 10.0 feet to the Point of Beginning. less. The above-described parcel of land, R/W No. 811008, contains an area of 0.170 acre, more or 6