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HomeMy WebLinkAbout935055 f.1ÆJ dõð7 0;193 F.ð. LJD $ð;;l8'go7 Audit 002433 POWER LINE RIGHT-OF-WAY 000338 STATE OF WYOMING § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF LINCOLN § L THIS EASEMENT, Made this 14th day of August, 2007, between ANADARKO LAND CORP., f/k/a Union Pacific Land Resources Corporation, a corporation of the State of Nebraska, Grantor, and ROCKY MOUNTAIN POWER, whose address is 1407 W. North Temple, Suite 110, Salt Lake City, Utah 84116, 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, bargained, sold and conveyed, and by these presents'does grant, bargain, 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 an electric transmission and distribution line (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 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 any structures or facilities on, over or under the Premises including, but not limited to, roads, highways, pipelines and telephone, telegraph and electric power poles 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 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, poles 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 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 under- neath 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 sole risk and expense of Grantee and in compliance with all federal, state, county and municipal laws, rules, ordinances and regulations which are applicable to the area of operations including, but not limited, to those pertaining to environment, safety, fire, sanitation, conservation, water pollution, air quality, waste management, toxic and chemical management and reporting, 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 discharge such lien within such period, then Grantor may, at its option, discharge the same bv paying the amount claimed to be Gut:; 'J"ithout ;iîquiry intothe validity of the same and Grantee shaí: thereupon reimburse Grantor within, thirty (30) days for any payment so made. Should Grantee fail to make any such payment when due, Grantee shall be deemed to' be in material default of the Right of Way; whereupon Grantor may terminate this Right of Way by written notice to Grantee at the address provided herein. Such termination shall be effective upon receipt by Grantee. 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 first obtain the written RECEIVED 11/20/2007 at 4:53 PM RECEIVING # 935055 BOOK: 679 PAGE: 338 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 000339 Audit 002433 permission of Grantor and then 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 court 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 from electric current conducted thereon or escaping 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. Grantee shall not assign this Easement, or any interest therein, without the prior 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 ~ranted hereunder shall not relieve Grantee, its successors and assigns from compliance with the covenants and agreements contained herein. Upon any termination or abandonment of this Right of Way all personal property, real property or fixtures of Grantee located within the Premises shall become the property of Grantor unless Grantor notifies Grantee in writing to remove some or all of the same from the Premises. If Grantor notifies Grantee to remove some or all of the property of Grantee from the Premises, Grantee within sixty (60) days of such abandonment or termination will remove all property described in the notice. If the Facility is abandoned or if any portion of the Premises is abandoned, and Grantee fails to restore the portion of the Premises to which the abandoned Facility is appurtenant to its ori~inal 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. If Grantee shall fail to pay Grantor for any activities performed within thirty (30) days of receiving Grantor's invoice therefore, Grantee shall be deemed to be in material default of the Right of Way; whereupon Grantor may terminate this Right of Way by written notice to Grantee at the address provided herein. Such termination shall be effective upon receipt by 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 ioeated on the Premises. The Easement herein ~¡-anted is subject to the needs and 'requirements of Grantor, its successors and assigns, in the IITlProvement 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, Federal 10 2 000340 Audit 002433 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 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 Agent and Attorney-in-Fact, the day and year first herein written. STATE OF TEXAS COUNTY OF MONTGOMERY ¡ 55: i$l. before me this L day of , Agent and Attorney-in-Fact of C\ ~ foregoing instrum1f~as acknowledged tJ , 2007, by ~ro.cl Ana arko Land Corp. WITNESS my hand and official seal. My commission expires: ~ ~ 00<6' ,,,,,,,,,,,,,,,,,,,,,, ~~ ~\\\\\ ,,\ N T U I///q¿ ~" I\. \" 1'1 ~ Il7.JvuV ~.<'\F.·"""· 'rA,'/,;, l ~ '-J .... fJ. y p ...... v «' ~ f ~...j~.~ (¡~i···.;\ Notary blic ~ ¡ ~ ( LL i ~ ~ ". -<¡ fi-'... ~ '%, .... I'~ Of ,~..¡.:,'. $ % ···.~~P'RE.'òr ..... I ~ 0& ····....···ùCõ ~ ~llq//// . 7 0 - 2 Ù \\\\~~ , IIII/ffll/IIIIIIIII\\\\\ 3 EXHIBIT "A" I -(Point of Ending ! Service Pole ~ !.: , . ,!~ Centerline of powerline/.,)-\ .f J V , «J N37"59'20"W 86.00' ~ , "t:POint of Beginning I Existing Pole No. 289901 ~ }--NOO'07'11 "[, 35.03' I : ~ 00034:1 ~ SECTION LINE ^v N89"52'49"W 2638.87' , 130.04 ' ~ SOUTH 1/4 CORNER SECT/ON 21 ORIGINAL STONE SOUTHEAST CORNER SECT/ON 21 1989 PRIVATE. ALUMINUM CAP LS 2486 LEGAL DESCRIPTION A TRACT OF LAND LOCA TED IN THE 5E1/4 SEI/4 OF SECTION 21, T21N, R114W, 6TH P.M., LINCOLN COUNTY, WYOMING, SAID TRACT BEING 20.00 FEET WIDE, 10. 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21 AND RUNNING THENCE N89'52'49"W, 130.04 FEET ALONG THE SOUTH LINE THEREOF; THENCE NOO'07'11"E, 35.03 FEET TO THE POINT OF BEGINNING. SAID POINT BEING EXISTING POWER POLE NO. 289901; THENCE N37'59'20"W, 86.00 FEET TO THE POINT OF ENDING, SAID TRACT BEING 86.00 FEET OR 5.21 RODS,MORE OR LESS, IN LENGTH. CERTIFICA TE OF SURVEYOR I, STANTON G. TAGGART OF EVANSTON, WYOMING HEREBY CERTIFY THA T THIS MAP WAS MADE FROM NOTES TAKEN DURING AN ACTUAL SURVEY MADE BY ME OR UNDER MY DIRECTION FOR ROCKY MOUNTAIN POWER AND THA T THE RESULTS OF WHICH ARE CORRECTL Y SHOWN HEREON. Grantor's Initials I SURF ACE OWNER: ANADARKO LAND CORPORA T10N TOTAL LENGTH: 86.00' OR 5.21 RODS ~' / / / la' 10'/ I , / T--i-- Centerline of 20' Wide +1+, / Powerline Easement dge of Easement , Detail No Scale This drawing should be used anly as a representation of the locations of the easement being conveyed. The exact location of all structures, lines and appurtenances is subject to change within the boundaries of the righ t of way herein granted. Rev. Date: 9/11/07 (ij!~1~~ C.I.G. Oyster Ridge Meter Station Job No. 07-133 Desc. within the King Compressor Station - Anadarko Drn: SeT Chk. FD App. seT Exhibit "A" Easement Through Anadarko Land Corporation Property SE114 SE1/4 of Section 21 T21N, R114W, 6th P.M. Lincoln County, Wyoming 906 Main Street. Evanston. Wyoming 82930 Phone No. (307) 789-4545 ROCKY MOUNTAIN 'POWER A DIVISION OF PACIFlCORP RW#: DKEM/2007/C/DN2/5028807 Scale: 1 "=50'