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HomeMy WebLinkAbout945314 Amendment of Easement and Right of Way Agreement úOó520 This Amendment of Easement and Right of Way Agreement ("Amendment") is made and entered into by and between Bell Butte Grazing Partnership, a Limited Partnership, ("Bell Butte") whose address is % Edward M. Bown, 1015 East 3900 South, Salt Lake City, Utah 84124-1110, and Chevron U.S.A. Inc. ("Chevron"), whose address is 11111 South Wilcrest, Houston, Texas 77099 (collectively the "Parties"). WHEREAS, Uinta Land & Grazing Company, now dissolved, predecessor in interest to Bell Butte, and Chevron entered into an Easement and Right of Way Agreement dated May 1, 1981 ("Agreement") which granted to Chevron, among other things, the non- exclusive right to lay, construct, maintain, operate, repair, alter, inspect, relocate, replace, remove and change the size of certain pipeline(s), electrical and telephone line(s), referred to in the agreement, required by Chevron in connection with its oil and gas ~; drilling and producing operations in the area of Bell Butte's property with a total , 01 easement length of 15,865.52 feet; and WHEREAS, in accordance with Paragraph 22 of the Agreement, a Memorandum of Agreement ("Memorandum") was recorded by Chevron on July 31, 2006, in Book 868, Pages 931-936, Entry No. 132065, in the records of the Uinta County Clerk, Evanston, Wyoming, and on August 21,2006, in Book 630, Page 871, Receiving No. 921519, in the records of the Lincoln County Clerk, Kemmerer, Wyoming; and RECEIVED 2/17/2009 at 11 :58 AM RECEIVING # 945314 BOOK: 715 PAGE: 520 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 ÜO&521 WHEREAS, a Partial Surrender of that Certain Easement and Right of Way Agreem,ent Dated May 1, 1981 ("Surrender") was entered into by Chevron and Bell Butte and made effective as of the 1st day of October, 1987, in which Chevron surrendered 4,116.83 feet of the easement and right of way. The Surrender was recorded by Chevron on August 1, 1988, in Book 264PR, Page 89, in the records of the Lincoln County Clerk, Kemmerer, Wyoming, and on August 15, 1988, in Book 546, Page 514, in the records of the Uinta County Clerk, Evanston, Wyoming; and WHEREAS, a portion of Chevron's pipeline crossed the NE/4NW/4 of Section 30, Township 19 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, and covering 1184.80 feet, or 71.81 rods, more or less, was inadvertently omitted from Paragraph 3, on Page 2, of Exhibit "A" of the Agreement and the Memorandum; and WHEREAS, Belle Butte and Chevron desire to enter into this Amendment of the Agreement in accordance with the following terms and conditions. NOW, THEREFORE, Bell Butte and Chevron agree to the following: Exhibit "A" to both the Agreement and the Memorandrun are hereby deleted in there entirety and replaced with the amended Exhibit "A" attached and made a part hereto. The amended Exhibit "A" shall take into account both the omitted 1184.80 feet and Surrender mentioned in the paragraphs above and consist of 12,933.51 linear feet. The Agreement, as amended herein, is hereby ratified and confirmed as valid and subsisting in all respects and binding upon the parties hereto. 2 00&522 IN WITNESS WHEREOF, the Parties have executed this Amendment of Easement and Right of Way Ag~eement this ~ <¡7Itday of O~ , 2008, but to be effective in all respects as of the first day of May 1981. BELL BUTTE GRAZING PARTNERSHIP, A Limited Partnership By ~,,-.....,þ....J Æ?"¥ Its Managing General Partner CHEVRWli:C. By;t ""'- Attorney-in-Fact D . L, 5, t.él:¡ì&iL 3 ACKNOWLEDGMENTS OOûl523 S TATE OF ---¿.(;;:t::a:.lv § § L7ð I . COUNTY OF /~ This instrument was acknowledged before me on )/.f){/emb.av- ~ 2, 2-ðO 9' , by ~ ~ , Managing General Partner for Bell Butte Grazing Partnership, on behalf of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 22 v4- day of J0~ ,2008 ~~ Notary Public ;7 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknQwledged before me on OrlOb-t.f ,J-it!, /J-tJO r by Ì) .L-. S'{I-(púV' , Attorney-in-Fact for Chevr6n U.S.A. Inc., a Pennsylvania corporation, on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the J.- c¡¡t.IL day of o rJobl/ , 2008 ~SHANNONLOGAN ~(~~*I NOTARYPUBLICSTATEOFTEXAS ~~l" J COMlISION EXPIRES: "'1ÕF':¡~~:'" 09-1 2-201 0 ...-...... ~óY¡cf~ Notary Public 4 ûOU524 Exhibit "A" Attached to, and made a part of that certain Amendment of Easement and Right of Way Agreement dated this '2-<3 ~ day of Ol.À-o'o.e.v ~ 2008, but to be effective in all respects as of the first day of May 1981, between Chevron U.S.A. Inc. and Bell Butte Grazing Partnership A fifty feet (50') wide easement and right of way consisting of 12,933.51 total linear feet further described as follows: LINCOLN COUNTY, WY Township 19 North, Range 119 West. 6th P.M. Section 20: SW1/4; the Centerline of said easement and right of way being more particularly described as follows: Commencing at the Southwest Comer (SW Cor.) of said Section 20 and considering South line of the SW1/4 of said section to bear South 89° 14' 00" East with all bearings herein relative thereto. Thence South 890 14' 00" East 421.61 feet to the true point of beginning. Thence North 660 51' 57" East 460.82 feet. Thence North 67° 40' 45" East 489.89 feet. Thence North 740 11' 56" East 1290.66 feet. Thence North 88° 01' 44" East 112.33 feet. To the point oftennination and consisting of2,353.70 linear feet, more or less. Section 20: SWl/4; the Centerline of said easement and right of way being more particularly described as follows: Commencing at the Southwest Comer (SW Cor.) of said Section 20 and considering South line ofthe SWl/4 of said section to bear South 89° 14' 00" East with all bearings herein relative thereto. Thence South 890 14' 00" East 421.61 feet. Thence North 66° 51' 57" East 460.82 feet. Thence North 670 40' 45" East 421.19 feet to the true point of beginning. Thence North 01038' 04" East 400.00 feet to the point oftennination, and consisting of 400.00 linear feet, more or less. Section 29: S l/2SWl/4, the Centerline of said easement and right of way being more particularly described as follows: Commencing at the Southwest Comer (SW Cor.) of said Section 29 (:00525 and considering the South line ofthe SWl/4 of said section to bear South 89° 29' 51" East with all bearings herein relative thereto. Thence South 89° 29' 51" East 1019.04 feet, to the true point of beginning. Thence North 78058' 38" East 535.48 feet. Thence North 62° 20' 29" East 711.45 feet. Thence North 39° 46' 33" West 288.00 feet to the Point of Termination, and consisting of 1,534.93 linear feet, more or less. Section 30: NEl/4, the Centerline of said easement and right of way being more particularly described as follows: Commencing at the North Quarter Corner (Nl/4 Cor.) of said Section 30 and considering the West line ofthe NE1/4 to bear South 000 19' 46" West with all bearings herein relative thereto. Thence South 00° 19' 46" West 869.55 feet to the true point of beginning. Thence North 73° 32' 00" East 2764.87 feet to a point on the East line of said NEl/4 which bears South 00° 22' 49" West 156.37 feet from the NE Cor. of said Section 30; said point being the point of termination, and consisting of2,764.87 linear, more or less. Section 30: NE/4NW/4, the Centerline of said easement and right of way being more particularly described as follows: Commencing at a point on the East line of said NE/4NW/4 (North- South centerline of said Section 30), said point lying South 000 13' 41" East, 968.32 feet from the Northeast corner thereof (North one-quarter corner of said Section 30); thence South 72° 58' 23" West, 1184.80 feet to a point on the South line of said NE/4NW/4, said point being the point of termination, and consisting of 1184.80 linear, more or less. Section 31: NEl/4NEl/4, the Centerline of said easement and right of way being more particularly described as follows: Commencing at the Northeast Corner (NE Cor.) of said Section 31 and considering East line of said NEl/4 to bear South 00° 21' 19" West with all bearings herein relative thereto. Thence South 00° 21' 19' West 207.69 feet to the true point of beginning. Thence South 78058' 38" West 288.85 feet. Thence South 70° 34' 49" West 1097.48 feet. to a point on the West line of said NEl/4NE1/4 Section 31 which bears South 000 09' 36" West 645.65 feet from the Northwest corner of said NE1/4NEl/4; said point being the point of termination, and consisting of 1,386.33 linear feet, more or less. OOô526 Section 32: NW1I4NW1/4, the Centerline of said easement and right of way being more particularly described as follows: Commencing at the Northwest Corner (NW Cor.) of said Section 32 and considering West line of the NW1/4 of said section to bear South 000 21 ' . 19" West with all bearings herein relative thereto. Thence South 00° 21' 19' West 207.69 feet to the true point of beginning. Thence North 78° 58' 38" East 1039.47 feet to a point on the North line of said NW1I4 Section 32 which bears South 890 29' 51" East 1019.04 feet from NW Cor. of Section 32, said point being the point of termination, and consisting of 1,039.47 linear feet, more or less. UINTA COUTNY, WYOMING Township 18 North, Range 119 West, 6th P.M. Section 5: SWll4, the Centerline of said easement being more particularly described as follows: Commencing at the Southwest Corner (SW Cor.) of said SW1I4 Section 5 and considering West line of said SWll4 to bear North 01029' 39" East with all bearings herein relative thereto. Thence North 01029' 39" East 1002.82 feet to the true point of beginning. Thence South 79° 20' 26" East 565.34 feet. Thence South 79° 20'58" East 244.09 feet. Thence North 290 21' 40" East 300.86 feet. Thence North 46° 35' 21" East 268.70 feet to the point of termination , and consisting of 1,378.99 linear, more or less. Township 17 North, Range 120 West, 6th P.M. Section 13: NE1I4NE1I4, the Centerline of said easement being more particularly described as follows: Commencing at the Northeast Corner (NE Cor.) of said Section 13 and considering East line of said section to bear South 000 23' 34" West with all bearings herein relative thereto. Thence South 000 23' 34" West 565.15 feet to the true point of beginning. Thence South 76° 05' 12" West 15.08 feet. Thence North 540 38' 55" West 587.80 feet. Thence North 33° 39' 59" West 287.54 feet. to a point on the North line of said NE1I4NE114 Section 13 which bears North 890 04' 21" West 657.41 feet from the NE Cor. of said Section 13; said point being point oftermination, and consisting of 890.42 linear feet, more or less.