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Received
MAY 2 t 2008
Right-Of-way
000569
WILLIAMS FIELD SERVICES COMPANY, LLC
RIGHT-OF-WAY AND EASEMENT
STATE OF WYOMING
COUNTY OF LINCOLN
That Max Blaine Thoman, whose address is P.O. Box 397, LaBarge, WY 83123,
Grantor, for and in consideration of the mutual covenants and promises herein
contained, to the Grantor in hand paid by Williams Field Services Company, LLC,
P.O. Box 645, WRC 3-4, Tulsa, Oklahoma 74101, hereinafter referred to as
Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby
grant, sell and convey unto said Grantee, its successors and assigns, a 30 foot
right-of-way and easement to locate, survey a route, construct, entrench,
maintain, operate protect, inspect, repair, replace, resize, remove and/or
abandon-in-place a pipeline with appurtenances including, but not limited to,
valves, metering equipment, electrical cable, cathodic protection equipment, and
communication cable (the pipeline and appurtenances together are referred to as
"facilities") over, under and through the hereinafter described land owned by
Grantor, or in which Grantor has an interest, situated in Sweetwater County,
State of Wyoming described as:
Subdivision
Lot 3 NE4NW4
Section
1
Township
20 North
Range
113 West
BM
6U P.M.
and being the same land described in that certain Warranty Deed , recorded in
Book 515, Page 923 in the Clerk's office of Lincoln County, Wyoming, to which
reference is made for further description. In addition to the permanent easement
area defined above Grantor grants to Grantee a temporary easement 20 feet in
width adjacent to the permanent easement for the purpose of enabling Grantee to
initially construct the pipeline. After the post construction clean up following
the initial pipeline construction, the permanent easement area shall be limited
to a 30 foot wide strip. The permanent easement is generally shown and described
on Exhibit "A" attached hereto and made a part hereof. Exhibit "A" attached
hereto is not intended to show the final location of the easement or pipeline as
actually constructed. The actual location of the easement will extend 15 feet on
each side of the centerline of the pipeline as actually laid.
76
I :~í
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This right-of-way and easement shall carry with it the right of ingress and
egress to and from, and access on and along said right-of-way, with the right to
use existing roads, for the purpose of constructing, inspecting, repairing,
protecting and maintaining the facilities and the removal or replacement of same
at will, either in whole or in part, and the replacement of said pipeline with
either like or different size pipe. During temporary periods Grantee may use
such portions of the property along and adjacent to said right-of-way as may be
reasonably necessary in connection with construction, maintenance, repair,
removal or replacement of the facilities.
TO HAVE AND TO HOLD the above described rights and easements, together with
all rights necessary to operate, protect and maintain the facilities over the
right-of-way hereby granted unto the said Grantee, its successors and assigns,
and the Grantee may assign the rights and easements herein granted, either in
whole or in part, subj ect to the terms of this grant, and such rights and
easements shall be covenants running with the land and be binding upon Grantor,
its heirs, legal representatives and successors in title.
Grantee shall compensate the Grantor for all actual damages to Grantor's
growing crops, pasture, fences, livestock and other real or personal property
improvements caused by the construction, maintenance, repair, replacement or
removal of the pipeline and appurtenant facilities. Grantee shall compensate the
Grantor for all damages to Grantor's timber caused by the initial construction of
the facilities; thereafter, Grantee shall have the right to cut and keep clear
without payment of damages all trees, brush and other obstructions that may in
the Grantee I s opinion endanger, hinder or conflict with the construction,
operation, inspection, protection, maintenance and use of said pipeline and
appurtenant facilities.
Grantee further agrees that within a reasonable time following the completion
of construction, Grantee shall restore said right -of -way. Restoration shall
include, where necessary, final grading, reseeding and installation of erosion
control structures.
Project: - Whiskey Buttes Unit 329-01E
APE # - 1054299
LN # 8662
RECEIVED 6/18/2008 at 2:41 PM
RECEIVING # 939872
BOOK: 697 PAGE: 569
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Page 1 of 3
.--"
000570
Grantor reserves the right to use and enjoy said property except for the
purposes herein granted, but such use shall not hinder, conflict or interfere
with Grantee's surface or subsurface rights hereunder, or disturb its facilities
and no road, reservoir, excavation, change in surface grade, obstruction or
structure shall be constructed, created or maintained on, over, along or within
said right-of-way without Grantee's prior written consent. Grantee shall, during
initial construction in cultivated lands, bury said pipe line below ordinary
cultivation depth.
Grantor represents and warrants that he/she is the owner in fee simple of the
above described land. Grantee shall have the right to discharge or redeem for
Grantor, in whole or in part, any mortgage, tax or other lien on said land and
thereupon be subrogated to such lien and rights incident thereto.
Grantor and Grantee agree that the Right of Way and Easement constitutes the
entire agreement between the parties and any modification shall be in_ writing
signed by both parties.
WITNESS THE EXECUTION HEREOF THE I q
DAY OF
ACA-U
,
, 2008
r:\. .~/
~~ess to Signature
GRANTOR (S) :
By, Ø¡~ ~ ,~lA\.
Max laine Thoman
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this I~"T..!' day of M ~'i
, 2008, before me personally appeared Max
Blaine Thoman, known to be the person{s) described in and who executed the
foregoing instrument, and acknowledged that he executed the same as his free act
and deed.
f~¿6~
.
County of
Lincoln
My Commission Expires September 18, 2010
R. NICK BAIRD - NOTARY PUBLIC
State of
Wyoming
Notary Public in and for
¿,-c:..::..¡:,.,..,¡'
County,
1<-.";;' 0...... ¡"'/c..
State of
My Commission Expires:
5 ~PTI;oAße-lf!:.. I'ii'¡ ZOIC>
Project: - Whiskey Buttes Unit 329-01E
AFE # - 1054299
LN # 8662
Page 2
DAMAGE RELEASE
000571
THE UNDERSIGNED, for and in consideration of the amount shown below, the
receipt of which is hereby acknowledged, releases Williams Field Services
Company, LLC, its successors, assigns, agents, contractors and employees, from
all claims of every kind and character arising out of or in any way incident to
the construction of a pipeline, with appurtenances thereto, over and through the
hereinafter described property. The undersigned owns and/or is legally in
possession of the property described below and entitled to execute this release
and receive and receipt
for damages for which payment is hereby acknowledged.
0zlcØV
IN ~ COUNTY, STATE OF WYOMING
DESCRIPTION OF PROPERTY
Subdivision
Lot 3 NE4NW4
Section
1
Township
20 North
Range
113 West
BM
. '6!h P.M.
/1 /, 7~ 7, -;ZO
$-J., iSG. 06
Received of Williams Field Services Company, LLC the amount of
DATED THIS
19 .~ DAY OF
IY'\ A')
2008, AD
.,
Witness: ~ .y/¿6'~
By:
~-&~~
Max Blaine Thoman
SS# or Tax I.D. # ~-?-O --70--6>-6~
Project: - Whiskey Buttes Unit 329-01E
AFE # - 1054299
LN # 8662
Page 3 of 3