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RECEIVED 2/14/2008 at 10:55 AM
RECEIVING # 936942 R 14136~·~
BOOK: 686 PAGE: 767
JEANNE WAGNER EASEMENT DEED
LINCOLN COUNTY CLERK, KEMMERER, WY Indexed
ß00767 THIS DEED, made this 4-1-t., day of relo;·LoIt',~v , 19.2i.,
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:
Entry No. i"-\ I òVL Book ~a ''::\-
Recorded I \ 1:òl C1át I Y " (~ m Page 1'1.4\
2..3 ')
Fee LYNNE D. FOX, UINTA COUNTY CLERK
$ 3'b·c.ù By 0,. -\-\c....-~U
)~
{'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. natural
gas pipelines (hereinafter referred to as "Pipeline") upon, along
and under the surface of the land situate in the Counties of
Lincoln, 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.
RESERVÌNG, however, to Grantor, its successors and
assigns, the right to construct at any and all times and to
maintain roads, highways, railroad tracks, pipelinès 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.
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RECORDED 10/11/2007 AT 09: 00 AM RECIt 1317~63 BKIt 110~ PCIt 0360
STEVEN DALE DAVIS, CLERK of SWEETWATER COUNTY, WYPag. I of II
00 1:2:20
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00 1~1.1
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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 (3D') 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 (3D') 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:
000768
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 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 Liauid 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
230
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STEVEN DALt DAVIS, CLtRK OT
I
¡
000769
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 I 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
/lIllIf 111111/111/11/1 11111111111111111111/1111/1111111111111111/11111/11111111111111 . 231
R£CORD£D 10....11....2007 AT 09: 00 AM R£CII 1 e 17e63 BKII 11 0e PCII 0362
ST£UEN DALE DAUIS, CL£RK of SW££TWATER COUNTY, WYPa;. 3 of 11
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
000770
(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.
;,;' 232
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RECORD£!) 10"11"2007 AT 09: 00 AM RECII 1~17~63 BKII 110~ G
STEVEN DALE DAVIS, CLERK or SWEETWATER COUNTY, WVPa~. 4 of 11
000771.
It is expressly madera condition of this easement that if
Grantee, its successors or assigns, shall abandon the premises of
Grantor in the location descriþed in Exhibit "A", or any portion of
said premises, for the purpos~s of this easement, then and in that
event all the rights herein granted shall cease and terminate with
respect to the premises so I abandoned, and the title to said
premises shall be freed from t~e burden of said easement; and it is
further agreed that nonuse of the premises described in Exhibit "A"
or any portion thereof for th~ purposes of said easement for the
period of two (2) years sha~l 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 the~eof is for less than two (2) years
and is caused by market condi~ions or by circumstances beyond the
reasonable control of Grantee.! In the event of abandonment of the
premises of Grantor in the lobation 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 consistent with
applicable Bureau of Land Management, United states Department of
Interior, requirements on comparable adjacent 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. 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
233
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RECORDED 10/11/2007 AT 09:00 AM RECti lS17~63 BKtI 110S
STEVEN DALE DAVIS, CLERK of SWEETWATER COUNTY, WYPa~. ~ of 11
0007Þ,2
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 vice President the day and year first herein
written.
Witness:
UINTA DEVELOPMENT COMPANY
BY~/)~
It· Vice president
(SEAL)
STATE OF
ss.
COUNTY OF
LJ Th fqregoing instrument/~Js at:f0WI~d~d before me
this ~ day of ,/, / , 19~, b j}(l1:ttl..6. Æ1.o');U)./ ,
as Vice President of UINTA D VELOPMENT COMPA
expires;
I Witness my hand and official seal. My commission
-.3/-QS
( SEAL)
AliCIA Ie. BRINKLEY
Notay Pubnc
STATE OF TEXAS
My CImII. Ðp. 01/31115
234
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RECORDED 10/11/2007 AT 09:00 AM RECII 1~17~63 BK
STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNT V , ~VPa~. 6 of 11
EXHIBIT "A"
June 18, 1993
, 0007Þj'3
WILLIAMS GAS PROCESSING COMPANY
MOXA ARCH GATHERING SYSTEM
CHAMPLIN #243 B-1 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 29, TOWNSHIP 21 NORTH, RANGE 111 WEST, 6TH P.M.
LINCOLN COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 29, Township 21
North, Range 111 West, 6th P.M., Lincoln County, Wyoming, being 15 feet
Southwesterly and 15 feet Northeasterly of the following described survey line;
which is the centerline of the existing 4 112" diameter pipeline:
Beginning at a point located in the Northwest quarter of the Southwest
quarter of Section 29, said point bears South 39°49' East, a distance of 1061.3
feet from the West quarter corner of said Section 29;
Thence South 20°32' East, a distance of 374.9 feet;
Thence South 82°33' East, a distance of 372.6 feet to the end of the line
at a point located in the Northwest quarter of the Southwest quarter of said
Section 29, said point bears South 44°11' East, a distance of 1693.7 feet from
the West quarter corner of said Section 29.
The length of the above described survey line is 747.5 feet, or 45.303
rods, or 0.142 miles.
235
Dwg. No. A786.0-90-1
R/W No. 01220
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RECORDED 10/11/200? AT 09,00 AM RECII 1!51?!563 1
STEUEN DALE DAUlS, CLERK of S~EET~ATER COUNTY, ~YPa~. ? of 1
EXHIBIT flAfI (CONT'D)
September 22, 1993
000774
WILLIAMS GAS PROCESSING COMPANY
BRUFF #35B A-I PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTIONS 7 AND 1, TOWNSHIP 17 NORTH, RANGES 112 AND 113 WEST, 6TH P.M.
UINTA COUNTY, WYOMING
Parcel #1
A strip of land 30 feet wide across a portion of Section 7, Township 17
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 1/211 diameter pipeline:
Beginning at a point located in the Northeast quarter of the Northwest
quarter of Section 7, said point bears South 34°47' West, a distance of 1383.4
feet from the North quarter corner of said Section 7;
Thence North 42°48' West, a distance of 850.2 feet;
Thence North 66°59' West, a distance of 1069.3 feet to a point located on
the West boundary line of the Northwest quarter of the Northwest quarter of said
Section 7, said point bears Southerly along said boundary line, a distance of
195.5 feet from the Northwest corner of said Section 7.
The length of the above described survey line is 1919.5 feet, or 116.333
rods, or 0.364 miles.
Parcel #2
A strip of land 30 feet wide across a portion of Section 1, Township 17
North, Range 113 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 1/211 diameter pipeline:
Beginning at a point located on the South boundary line of the Southeast
quarter of the Southeast quarter of Section 1, said point bears Westerly along
said boundary line, a distance of 294.7 feet from the Southeast corner of said
Section 1;
Thence North 38°50' West, a distance of 776.3 feet;
\ .
236
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I
/
EXHIBIT "A" (CONT'D)
000775
Thence North 47°01' West, a distance of 1033.2 feet to the end of the line
at a pOint located in the Northwest quarter of the Southeast quarter of said
,
Section 1, said point bears South 49°19' West, a distance of 2054.6 feet from the
East quarter corner of said Section 1.
The length of the above described survey line is 1809.5 feet, or 109.667
rods, or 0.343 miles.
The combined length of the above described survey line is 3729.0 feet, or
226.000 rods, or 0.707 miles.
237
Dwg. No. 88786.0-20-1
R/W No. 01221
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RECORDED 19.111.1200? AT 09: 00 AM RECIt 1 e 1 ?e63 JKIt 11 0e PCIt 0368
STEUEN DALE DAUIS, CLERK 0' SWEETWATER COUNTY, WYPag. 9 0' 11
EXHIBIT "A" (CONT'D)
June 18, 1993
C:Oû776 WILLIAMS GAS PROCESSING COMPANY
MOXA ARCH GATHERING SYSTEM
CHAMPLIN #326 E-1 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 19, TOWNSHIP 20 NORTH, RANGE 111 WEST, 6TH P.M.
SWEETWATER COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 19, Township 20
North, Range 111 West, 6th P.M., Sweetwater County, Wyoming, being 15 feet
Easterly and 15 feet Westerly of the following described survey line; which is
the centerline of the existing 4 1/2" diameter pipeline:
Beginning at a point located in the Southwest quarter of the Southeast
quarter of Section 19, said point bears North 86°191 East, a distance of 1047.5
feet from the South quarter corner of said Section 19;
Thence South 90°001 East, a distance of 45.9 feet;
Thence North 24°151 East, a distance of 315.5 feet;
Thence North 8°491 West, a distance of 337.2 feet;
Thence North 20°141 West, a distance of 340.2 feet;
Thence North 53°281 East, a distance of 222.8 feet to the end of the line
at a point located in the Southwest quarter of the Southeast quarter of said
Section 19, said point bears North 51°011 West, a distance of 1812.2 feet from
the Southeast corner of said Section 19.
The length of the above described survey line is 1261.6 feet, or 76.461
rods, or 0.239 miles.
238
Dwg. No. 8A786.0-21-1
R/W No. 01227
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RECORDED 10/11/2007 AT 09:00 AM REC. 1S17S63 BK. 110SPC. 0369
STEVEN DALE DAVIS, CLERK of S~EET~ATER COUNTY, ~YPag. 10 of 11
EXHIBIT "A" (CONT'D)
September 22, 1993
000777
WILLIAMS GAS PROCESSING COMPANY
MOXA ARCH GATHERING SYSTEM
CHURCH 8UTTE #3-5 PIPELINE
CROSSING A PORTION OF UINTA DEVELOPMENT COMPANY PROPERTY
SECTION 5, TOWNSHIP 17 NORTH, RANGE 112 WEST, 6TH P.M.
UINTA COUNTY, WYOMING
A strip of land 30 feet wide across a portion of Section 5, Township 17
North, Range 112 West, 6th P.M., Uinta County, Wyoming, being 15 feet Southerly
and 15 feet Northerly of the following described survey line; which is the
centerline of the existing 4 1/211 diameter pipeline:
Beginning at a point located in the Northwest quarter of the Northwest
quarter of Section 5, said point bears South 51°091 West, a distance of 1804.8
feet from the North quarter corner of said Section 5;
Thence North 5°07' West, a distance of 21.7 feet;
Thence North 39°521 East, a distance of 40.0 feet;
Thence North 84°531 East, a distance of 461.4 feet;
Thence South 78°57' East, a distance of 1993.0 feet;
Thence South 89°29' East, a distance of 298.1 feet to the end of the line
at a point located in the Southwest quarter of the Northeast quarter of said
Section 5, said point bears North 45°061 West, a distance of 1873.1 feet from the
East quarter corner of said Section 5.
The length of the above described survey line is 2814.2 feet, or 170.558
rods, or 0.533 miles.
239
Dwg. No. 88786.0-19-1
R/W No. 01228
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