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HomeMy WebLinkAbout939872 :ss. 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 / 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