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EASEMENT
676637
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THIS EASEMENT, Made this j'1 ti day of &I f b e r 2001, between TA I
DEVELOPMENT COMPANY, a corporation of the State f Wyoming, Grantor, and MOUNT AI�N'(SAS' l Cr IflU
RESOURCES, INC., a corporation of the State of Delaware, whose address is 12200 N. Pecos
Street, Denver, Colorado 80234, 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, sold and conveyed, and by these presents does grant, 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 and use of a buried 4"
O.D. pipeline, (hereinafter called "Facility with necessary appurtenances thereto, upon, along and
under the surface of the land situate 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 Premises for the purpose of exercising the rights granted.
RESERVING, however, to Grantor, its successors and assigns, the right to construct at any
and all times and to maintain roads, highways, pipelines and telephone, telegraph and electric
power pole 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, pole 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 Easement described in Exhibit "A" is for a strip of land twenty feet (20') in width;
however, Grantee shall have the right to use a thirty foot (30') right -of -way which shall include the
land fifteen feet (15') on either side of the centerline described in the exhibit during the time that
Grantee is actually constructing the Facility; provided, however,. the right -of -way shall be, reduced
to the twenty foot (20') strip of land described in the exhibit at such time as Grantee completes
construction of the Facility.
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
underneath 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 expense of Grantee and in compliance
with all Federal, State and County laws, rules, ordinances and regulations which are applicable to
the area of operations including but not limited to those pertaining to environment, fire, sanitation,
conservation, water pollution, 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,
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LINCOLN COUNTY CLERK
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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 by
paying the amount claimed to be due without inquiry into the validity of the same and Grantee shall
thereupon reimburse Grantor within thirty (30) days for any payment so made.
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 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 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, fines, penalties, costs and expenses of whatsoever nature,
including attorney's fees and 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, Toss, 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 the bursting of or Teaks in said Facility,
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 written consent
of Grantor, which consent shall not be unreasonably withheld.
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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 granted hereunder shall not
relieve Grantee, its successors and assigns from compliance with the covenants and agreements
contained herein.
If the facilities or any portion thereof are abandoned, and Grantee fails to remove the
facilities so abandoned and restore the portion of the Premises 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 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 located on the Premises.
The Easement herein granted is subject to the needs and requirements of Grantor, its
successors and assigns, in the improvement 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 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.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Vice
President, the day and year first herein written.
Att a
a P C
c
C r ecretary
(SEAL)
STATE OF TEXAS
COUNTY OF MONTGOMERY
.0 ■14,p CATHY J. GREEN l
Notary Public
Tm STATE OF TEXAS
'"'N OF C 4 My Comm. Exp. Jan. 20, 2002
ss:
WITNESS my hand and official seal.
My commission expires
Zc'Z
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UINTA DEV OPMENT COMPANY
By:
Its: Vic President
The foregoing instrument was acknowledged before me this day of
Op_m\LDa_f— 20 0l by s L- we Irv, b Vice President of Uinta
Development Company.
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087(.637 783
EXHIBIT "A"
A strip of land twenty feet (20') in width Tying within the South Half (S1/2) of Section Thirty
one (31), Township Twenty -one (21) North, Range One Hundred Twelve (112) West of the Sixth
(6th) Principal Meridian, Lincoln County, Wyoming, lying ten feet (10') on each side of the following
described centerline and centerline prolonged:
Commencing at the Northeast Corner of said Section 31, Thence South 42 °23'57" West,
5135.37 feet to the TRUE POINT OF BEGINNING; Thence South 48 °52'33" East, 621.24 feet;
Thence North 81 °59'08" East, 650.25 feet; Thence South 88 °29'57" East, 659.54 feet; Thence South
77 °49'53" East, 403.38 feet to a Point of Terminus, said point being South 41 °09'01" West, 1968.57
feet from the East Quarter Corner of said Section 31.
Said strip of land is 2334.41 feet (141.48 rods) in length and contains an area of 1.04 acres, more
or Tess.
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