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Entry No._1 417, (, ( BOOk~ tjr
RECEIVED 2/14/2008 at 10:52 AM Recorded~¡tJ q ~ {& m Page 1-\ ".\-
RECEIVING # 936941 r~ 141.36.1 L 1.'105'
BOOK: 686 PAGE: 755 Fee LYNNE D. FOX, UINTA COUNTY CLERK
JEANNE WAGNER EASEMENT DEED $~BY L,t\-\~~ U
LINCOLN COUNTY CLERK, KEMMERER, WY ~ ~ ~
-. -- .:.:.r "'. J Indexed..-::::::::.. Abstract_ Recorded..L....
000,55 THIS DEED, made this ;{ /'I day of e ,{vIti nl , 19.1í,
between UINTA DEVELOPMENT COMPANY, a corporation off 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:
7\
I
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 4-1/2" O.D., 6"
O.D., 6-1/2" O.D. and 8" O.D. natural gas pipelines (hereinafter
referred to as "Pipeline") upon, along and under the surface of the
land situate in the Counties of Sweetwater and Uinta, 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.
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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 Easement 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 fifty foot (50') 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.
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RECORDED 10/11/2007 AT 09: 00 AM RECI! 115171564 BKI! 11015tC:'1 0371
STEUEN DALE DAUIS, CLERK of SWEETWATEP ""'"'.TV, WVPag. : 1 of 12
I
The grant of easement herein made is on the following
express conditions:
(a)
Subsidence:
000756
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
Liauid Hvdrocarbons:
Without 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 Hvdrocarbons 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
fully comply with all applicable local, state
and federal laws, rules and regulations;
lœu~~m~~œu~.~n~m~~ 218
RECORDED 10/11/2007 AT 09: 00 AM RECII H517~64 BKII 110~ PCII 0372
C>Tt"IIt"N nlll :' nllLJTS, i::LE:RK of SI,JEETI,JATER COUNTY, I,JYPag. 2 of 12
(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
/
I
000757
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
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
219
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RECORDED 10/11/2007 AT 09:00 AM REC* 1~17~64 BK* 110~PQ* 0373
STEUEN 'IOI r TlOLJIS, CLERK of SI.IEETI.IATE:R COUNTY, I.IYPag. 3 of 12
Ir
,COð758
(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 reconnection of a well or
wells, in Grantee'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 or 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.
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
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 2 2 Û
RECORDED 10/11/2007 AT 09: 00 AM RECti H517~64 BKtI 110~ PCI 0374
--_.._.. -.. - -......- -. -"'I~ - Ã ~lf"'P.I A"'1!"'1!!!!Io ~"'llh.I"U IIUD___ A....~ i?
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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%) westernwheatgrass falls below standards consistent 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. Additionally, 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. 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.
221
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 0!5 PGII 037!5
RECORDED 10/11/2007 AT 09:00 AM RECII 1!517!564 !KII 11
STEUEN DALE DAUIS, CLERK of SWEETWATER COUNTY, WYPa~. !5 of 12
000760
IN WITNESS WHEREOF, Grantor has caused these presents to
be signed by its Vice President the day and year first herein
written.
By·
It
(SEAL)
ss.
COUNTY OF
~ The foregoing instrument was aCkn~wleqge.d before me
this at day of Fl"'b{ Aflfl.l\ , 19 t14, by ......JII'YI .:l:!.avSOr1S: ,
as Vice President of UINTA DEVELOPMENT COMPANY.
witness my hand and official seal.
My commission expires:--1- 3 Î-C1 '5
( SEAL)
_ClIO.......... .
IVXIL 110 ......
...... .....
AnlNIYI'Imnv
~~ ck,./~ J ,tA
Notary Public ¿jJ
222
11111111111111111111111111111111111\\ 1111111111111\111111111\\ 1111111\\111111 !~~II BKt! 110!5 PGt! 0376
RECORDED 10/11/2007 ATEð0K9:~0S:~E~~;;E~!5~6UNTY, WVPao. 6 of 12
STEUEN DALE DAUIS, CL ~ 0
August 10, 1992
EXHIBIT "A"
000761.
NORTHWEST PIPELINE CORPORATION
CHAMPLIN #149 H-2 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 3, TOWNSHIP 18 NORTH, RANGE 112 WEST, 6TH P.M.
UINTA & SWEETWATER COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 3, Township 18
North, Range 112 West, 6th P.M., Uinta & Sweetwater County, Wyoming, being 15
feet Southerly and 15 feet Northerly of the following described survey line;
which is the centerline of the existing 4 1/2" diameter pipeline:
Beginning at a point located in the Northwest quarter of the Southwest
quarter of Section 3, said point bears North 65·54' West, a distance of 4987.4
feet from the Southeast corner of said Section 3;
Thence North 88'44' East, a distance of 1321.1 feet;
Thence South 87·08' East, a distance of 1023.3 feet;
Thence South 68.551 East, a distance of 816.6 feet;
Thence South 47'03' East, a distance of 324.7 feet to the end of the line
at a point located in the Northeast quarter of the Southeast quarter of said
Section 3, said point bears South 47'34' West, a distance of 1687.1 feet from the
East quarter corner of said Section 3.
The length of the above described survey line is 3485.7 feet, or 211.255
rods, or 0.660 miles.
Dwg. No. B786.0-23-1
RIW No. 499
223
Inl~~moo~gl~œ~n~111
RECORDED 101'111'2007 AT 09: 00 AM RECti 1!517!564 BKtI 110e PGtI 0377
STEUEN DALE DAUIS, CLERK of SWEETWATER COUNTY, WYPa;. 7 of 12
June 10, 1992
EXHIBIT "A" (CONT'D)
NORTHWEST PIPELINE CORPORATION
000762AMOCO -, CHAMPLIN #186 B-2 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 7, TOWNSHIP 18 NORTH, RANGE 112 WEST, 6TH P.M.
UINTA COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 7, Township 18
North, Range 112 West, 6th P.M., Uinta County, Wyoming, being 15 feet Easterly
and 15 feet Westerly 'of the following described" sUrvey line; which is' the
centerline of the existing 4-1/211 diameter pipeline:
Beginning at a paint located in the Northwest quarter of the Northeast
quater of Section 7, said paint bears South 16°531 East, a distance of 1226.8
feet from the North quarter corner of said Section 7;
Thence South 2°22' West, a distance of 76.0 feet;
Thence South 18056' East, a distance of 2024.3 feet;
Thence South 22018' East, a distance of 587.5 feet to the end of the line
at a point located in the Northwest quarter of the Southeast quarter of said
Section 7, said point bears South 50026' West, a distance of 1795.2 feet from the
East quarter corner of said Section 7.
The length of the above described survey line is 2687.8 feet, or 162.897
rods, or 0.509 miles.
Dwg No. 48786.0-2-1
R/W No. 501
224
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RECORDED 10....11....2007 AT 09: 00 AM RECII 115171564 SKII 11015 PCII 0378
STEUEN DALE DAurs, CLERK of SWEETWATER COUNTY, WYPaø. 8 of 12
EXHIBIT "A" (CONT'D)
JUly 24, 1992
000763
NORTHWEST PIPELINE CORPORATION
CHAMPLIN #149 8-2 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 9, TOWNSHIP 18 NORTH, RANGE 112 WEST, 6TH P.M.
UINTA COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 9, Township 18
North, Range 112 West, 6th P.M., Uinta County, Wyoming, being 15 feet
Northeasterly and 15 feet Southwesterly of the following described survey line;
which is the centerline of the existing 4 1/2" diameter pipeline:
Beginning at a point located in the Southeast Quarter of the Southeast
Quarter of Section 9, said point bears North 56'051 East, a distance of 5400.2
feet from the West Quarter corner of Section 16;
Thence North 3é·Ol' West, a distance of 273.3 feet;
Thence North 28'17' West, a distance of 777.7 feet;
Thence North 42·03' East, a distance of 307.5 feet to the end of the line
at a point located in the Northeast Quarter of the Southeast Quarter of Section
9, said paint bears North 45·04' East, a distance of 5873.1 feet from the West
Quarter corner of Section 16.
,The length of the above described survey line is 1358.5 feet, or 82.333
rods, or 0.257 miles.
Dwg. No. 38786.0-1-1
R/W No. 498
225
1111/11 1111/11/1111111 111111111111111 1111//1111 1111/111111111111111111111111111111111
RECORDED 19"11 "Z997 AT 99: 99 AM RECf! H51 7~64 BKf! 11 9~ PGf! 9379
STEVEN DALE DAVIS, CLERK of SWEETWATER COUNTY, WYPa~. 9 0# ~
EXHIBIT "A" (CONT ' Ö)
NORTHWEST PIPELINE CORPORATION
000764
WILSON RANCH 122 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPKRNT COMPANY PROPERTY
SECTION 17, TOWNSHIP 20 NORTH, RANGE 112 WEST, 6th P.M.
LINCOLN COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 17, Township 20
North, Range 112 West, 9th P.M., Lincoln County, Wyoming, being 15 feet Westerly
and 15 feet Easterly of the following described survey line; which is the
centerline of the existing 4!" diameter pipeline:
Beginning at a point located in the Northwest quarter of the Southeast
quarter of Section 17, said point bears South 83°40' West, a distance of 1480.7
feet from the East quarter corner of said Section 17;
Thence North 4°58' West, a distance of 52.9 feet;
Thence North 2°42' East, a distance of 609.1 feet;
Thence North 21°35' East, a distance of 333.2 feet;
Thence North 3°31' East, a distance of 531.7 feet to the end of the line
at a point located in the Northeast corner of the Northeast corner of said
Section 17, said point bears South 45°09' West, a distance of 1842.5 feet from
the Northeast corner of said Section 17.
The length of the above described survey line is 1526.9 feet, or 92.539
rods, or 0.289 miles.
Dwg. No. lA786.0-15-1
R/W No. 511
226
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RECORDED 10/11/2007 AT 09: 00 AM RECIt 1:117:164 BKIt 110:1 PCIt 0:se0
STEVEN DALE DAVIS, CLERK of SWEETWATER COUNTY. WYPa~. 10 of 12
I
EXHIBIT "A" (CONT'D)
NORTHWEST PIPELINE CORPORATION
,,' I;;' ri......... 6 5
't., ,·v t
SEVENMILE GULCH 115 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 21, TOWNSHIP 20 NORTH, RANGE 112 WEST, 6th P.M.
LINCOLN COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 21, Township 20
North, Range 112 West, 6th P.M., Lincoln County, Wyoming, being 15 ,feet Northerly
and 15 feet Southerly of the following described survey line; which is the
centerline of the existing 4i" diameter pipeline:
Beginning at a point located in the Southwest quarter of the Northeast
quarter of Section 21, said point bears South 25°51' East, a distance of 1625.1
feet from the North quarter corner of said Section 21;
Thence North 85°25' East, a distance of 140.8 feet;
Thence North 78°40' East, a distance of 415.5 feet;
Thence North 78°47' East, a distance of 88.1 feet to the end of the line
at a point located in the Northeast corner of the Northeast corner of said
Section 21, said point bears South 44°02' West, a distance of 1845.8 feet from
the Northeast corner of said Section 21.
The length of the above described survey line is 644.4 feet, or 39.055
rods" or 0.122 miles.
Dwg. No. lA786.0-16-1
R/W No. 510
227
11111111111111/111111111111111111111111111 IIllrllllllllllllIIllIllllIIlllllll 1111111/
RECORDED 10" 1 U2007 AT 09: 00 AM RECII 1 S 17S64 :SKII 110S PCII 0381
STEUEN DALE DAUIS, CLERK of SWEETWATER COUNTY, WVPaw. 11 of 12
EXHIBIT "A" (CONT'D)
July 2, 1992
ôG0766
NORTHWEST PIPELINE CORPORATION
CHAMPLIN #357 C-2 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 23, TOWNSHIP 18 NORTH, RANGE 113 WEST, 6TH P.M.
UINTA COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 23, Township 18
North, Range 113 West, 6th P.M., Uinta County, Wyoming, being 15 feet Northerly
and 15 feet Southerly of the following described survey line; which is the
centerline of the existing 4 1/2" diameter pipeline:
Beginning at a point located in the Southeast quarter of the Southeast
Quarter of Section 23, said point bears North 8°33' West, a distance of 1096.0
feet from the Southeast corner of said Section 23;
Thence South 81°421 West, a distance of 686.8 feet;
Thence North 52°331 West, a distance of 350.2 feet to the end of the line
at a pOint located in the Southeast quarter of the Southeast quarter of said
Section 23, said point bears North 46°151 West, a distance of 1594.3 feet from
the Southeast corner of said Section 23.
The length of the above described survey line is 1037.0 feet, or 62.848
rods, or 0.196 miles.
Dwg. No.
R/W No.
3B786.0-2-1
509
228
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STE:UE:N DALE: DAU IS, CL.E:R/ ~ ~0 S~;E::;:E:~ ~Cl07U~N6T4u ] ~~f'11 0~ f'GII 0392
r, ." ag. 12 of 12