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RECEIVED "/~ '\I".n09 at 1 0:49 AM
RECEIVI \¡\.::I +I- 945784
BOOK: 717 PAGE: 242
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
PIPELINE RIGHT-OF-WAY
"
huon uJ2647
STATE OF WYOMING
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I (:Oú242
KNOW ALL PERSONS BY THE~E PRESENTS:
COUNTY OF LINCOLN
THIS Pipeline Right-of-Way Agreement (hereinafter called "Agreement'), is made this 23rd
day of February, 2009, between UINTA DEVELOPMENT COMPANY, a corpo tion of the State of
Wyoming, P.O. Box 1330, Houston, TX 77251-1330, Grantor, and WILLIAMS FIELD SERVICES
COMPANY, LLC, whose address is P.O. Box 645, WRC 3-4 Tulsa, Oklahom 74101, Grantee.
WITNESSETH, That Grantor, for and in consideration of the sum of T n Dollars ($10.00)
and other good and valuable consideration, to it in hand paid by Grantee, th~ receipt whereof is
hereby acknowledged, has granted, sold and conveyed, and by these presents öoes grant, sell and
convey unto Grantee, and unto its successors and assigns, a nonexclusive eaþement for right-of-
way for the construction, operation, maintenance, repair, renewal, reconstrulction and use of a
single (4.5") 00 pipeline (hereinafter called "Pipeline"), with necessary appGrtenances thereto
(hereinafter called "Facilities"), under the surface of the land situated in the Couhty of Lincoln, State
of Wyoming, described in Exhibit "A" (hereinafter called "Premises"), attache 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 righ to construct at any
and all times and to maintain roads, highways, pipelines and telephone, tel graph and electric
power pole and wire lines, over, under and across, without cost, expens or compensation
whatsoever to Grantèe but in such a way as not unreasonably to interfere with ipeline or Facilities
of Grantee on the Premises; it being understood that the right so rese ed to Grantor, its
successors and assigns, is retained along with the general right of Grantor, ts successors and
assigns, to the use of the Premises for any purpose not inconsistent with the us by Grantee of said
easement for the purposes herein defined. The easement granted hereby is nonexclusive and
Grantor may grant such other easements and rights-of-way over and across the~premises as it may
elect, provided that any such other grant not unreasonably interfere with th rights granted to
Grantee by this easement. The easement granted hereby and described in Ex ¡bit "A" is for a strip
of land Thirty feet (3D') in width for a pipeline being Fifteen feet (15') on either si~e of the centerline
of the Pipeline when constructed, all as described in Exhibit "A". I"
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This Agreement is made subject to all outstanding leases and other ~utstanding rights,
including, but not limited to, those for highways and other roadways and rights ~f way for irrigation
ditches, pipelines, pole and wire lines and the right of renewals and extension of the same, and
subject also to all conditions, limitations, restrictions, encumbrances, reservat.ons or interests of
any person which may affect the Premises, whether recorded or unrecorded, art d is made without
covenant of title or for quiet enjoyment.
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The Agreement herein made is on the express condition that Grantor'flts successors and
assigns, shall not be liable to Grantee, its successors or assigns, for any dama e occurring to the
Pipeline and/or Facilities made or to be made by Grantee upon the Premis s or for any other
damage whatsoever occasioned by subsidence of the surface of the Premises s a result of mining
underneath the same or resulting in any other way from the removal of coal or tther minerals in or
underlying the Premises.
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All operations hereunder shall be conducted at the expense of Granteeland in compliance
with all Federal, State and County laws, rules, ordinances and regulations whiqh are applicable to
the area of operations including but not limited to those pertaining to environm~nt, fire, sanitation,
conservation, water pollution, and fish and game. All of Grantee's operations~ereunder shall be
conducted in a prudent manner. IF, AS A RESULT OF GRANTEE'S OPER TIONS UPON OR
USE OF SAID PREMISES HEREUNDER, ANY STATUTE, LAW, OR. INANCE, RULE,
REGULATION OR REQUIREMENT IS VIOLATED, GRANTEE SHALL PROTECT, SAVE
HARMLESS, DEFEND AND INDEMNIFY GRANTOR AND ITS AFFILIATES, THEIR OFFICERS,
EMPLOYEES AND/OR AGENTS, AGAINST AND FROM ANY AND ALL PENALTIES, FINES,
COSTS AND EXPENSES, INCLUDING COURT COSTS AND COUNSEL FEE~, IMPOSED UPON
OR INCURRED BY GRANTOR AND/OR ITS AFFILIATES, THEIR OFFICE~S, EMPLOYEES
AND/OR AGENTS, RESULTING FROM, OR CONNECTED WITH, SUCH VlqLATION AND/OR
VIOLATIONS. I
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Audit 002647
000243
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 claimeq to be due without inquiry into and regardless of the validity of the same
and Grantee shall thereupon reimburse Grantor within thirty (30) days of receipt of Grantor's
request for any payment sþ 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 protectionf;gency (EPA) and/or state agencies. If Grantee's use of the Premises
shall include any regulate ha. zardous waste activities, Grantee shall obtain a hazardous waste
permit from the EPA or ap ropriate state agency and shall provide copy of same to Grantor within
thirty (30) days following . rantee's receipt of said permit.
GRANTEE, FOR I~SELF, ITS SUCCESSORS AND ASSIGNS, BY THE ACCEPTANCE OF
THIS EASEMENT, AGR~ES TO INDEMNIFY AND HOLD HARMLESS GRANTOR AND ITS
AFFILIATES, THEIR OF~ICERS, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS,
AGAINST AND FROM Þ1NY AND ALL LIABILITY, LOSS, DAMAGE, CLAIMS, DEMANDS,
ACTIONS, CAUSES O~ ACTION, FINES, PENALTIES, COSTS AND EXPENSES OF
WHATSOEVER NATURE! INCLUDING ATTORNEY'S FEES AND COSTS WHICH MAY RESULT
FROM PERSONAL INJU . Y TO OR DEATH OF PERSONS WHOMSOEVER, OR DAMAGE TO
OR LOSS OR DESTRU TION OF PROPERTY OR THE ENVIRONMENT, INCLUDING THE
PIPELINE AND FACILITIES OF GRANTEE, AND INCLUDING ENVIRONMENTAL CLAIMS,
NATURAL RESOURCE AMAGE CLAIMS, CLAIMS FOR ENVIRONMENTAL VIOLATIONS,
ENVIRONMENTAL NON, OMPLlANCE, OR ENVIRONMENTAL RELEASES PURSUANT TO
THE SOLID WASTE DISTROSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION
AND RECOVERY AC (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 RODE~ITICIDE ACT, THE SAFE DRINKING WATER ACT, OCCUPATIONAL
SAFETY AND HEALTH 4AWS, AND REGULATIONS PURSUANT THERETO OR TO THEIR
STATE STATUTORY qR REGULATORY EQUIVALENTS, OR GROWING OUT OF
INTERFERENCE WITH T'1E PROPER OPERATION OF SIGNAL, TELEPHONE OR TELEGRAPH
LINES, OR OTHER ELEECTRICALL Y OPERATED DEVICES OR APPURTENANCES OF
GRANTOR OR ITS AFFILIATES, OR OF ITS OR THEIR TENANTS, WHEN SUCH PERSONAL
INJURY, DEATH, LOSS, ESTRUCTION OR DAMAGE, HOWSOEVER CAUSED, GROWS OUT
OF OR ARISES FROM R IN CONNECTION WITH THE CONSTRUCTION, OPERATION,
MAINTENANCE, REPAI , RENEWAL, RECONSTRUCTION, REMOVAL OR USE OF SAID
PIPELINE AND FACILITIES OR THE BURSTING OF OR LEAKS IN SAID PIPELINE AND
FACILITIES HEREINAFT R COLLECTIVELY CALLED "CLAIMS"; PROVIDED, HOWEVER, IF A
CLAIM IS CAUSED IN W OLE OR PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT
OF GRANTOR OR AN OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS,
EMPLOYEES AND/OR GENTS, THEN GRANTEE'S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIO S ASSUMED IN THIS PARAGRAPH SHALL BE REDUCED IN
PROPORTION TO THE P 0 RATA NEGLIGENCE OR WILLFUL MISCONDUCT, IF ANY, BY
GRANTOR OR ANY OF IT AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, EMPLOYEES,
AND/OR AGENTS IN CONNECTION WITH SAID CLAIM. NOTHING HEREIN SHALL BE
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CONSTRUED AS MEAN~NG THAT GRANTEE IS AGREEING TO INDEMNIFY AND HOLD
HARMLESS GRANTOR FþR GRANTOR'S OWN NEGLIGENCE OR WILLFUL MISCONDUCT.
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The term "affiliate" (þr "affiliates" as the case may be) as used herein means any corporation
which directly or indirectly pontrols, or is controlled by, or is under common control with Grantor.
Grantee shall not Jssign this Easement, or any interest therein, without the prior written
consent of Grantor, whicH consent shall not be unreasonably withheld. Notwithstanding the
foregoing, Grantee may aksign this easement or any portion thereof to any affiliated company
without Grantor's consentr but upon written notice to Grantor of such assignment. However,
Grantee shall first obtain th consent of Grantor before any assignment is made to a non-affiliate of
Grantee.
Grantee hereby ag~ees to provide Grantor with an as-built plat of the Pipeline and Facilities
installed in the exercise of the rights granted hereunder within ninety (90) days of completion or
construction.
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Audit 002647
û0\1244
Notwithstanding anything contained herein to the contrary, it is hereby agreed and
understood that said Pipeline granted herein shall be buried at a minimum depth offorty-eight (48").
For the purposes of this Agreement. abandonment by the Grantee of the Pipeline and
Facilities shall be defined as Grantee's failure to use the Pipeline and Facilities or any portion
thereof for the uses heretofore stated for a period of twenty-four (24) consecutive months or
Grantee otherwise abandons the Pipeline and Facilities within a shorter period of time. In the event
of abandonment by the Grantee of the Pipeline and Facilities, all rights herein granted to the
Grantee in the Premises 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, subject to the events offorce majeure. Upon Grantor's written approval, Grantee
may elect to abandon the subsurface pipeline in place so long as Grantee abandons the Pipeline in
place in accordance with all applicable federal, state, and local safety standards then in effect;
however, Grantee shall remove any, and all, Facilities located on the Premises above such
Pipeline.
If the Pipeline or Facilities or any portion thereof are abandoned or Grantee fails to use the
Pipeline and Facilities for a period in excess of twenty-four (24) consecutive months, and Grantee
fails to remove the Pipeline and Facilities so abandoned and restore the portion of the Premises to
which the abandoned Pipeline and facilities are appurtenant to its original condition within one
hundred twenty (120) days after receipt of notice from Grantor to perform such activities, Grantor
may perform such activities for the behalf of Grantee and Grantee shall thereupon reimburse
Grantor within forty-five (45) days of receipt of Grantor's request for any payment so made,
regardless of the reasonableness of the cost of such activities.
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 Agreement is also made by Grantor and accepted by Grantee subject to the possible
relocation of the Pipeline and Facilities granted herein. Grantor or its affiliates shall give Grantee
written notice of any intention to relocate said Pipeline and Facilities granted hereunder. Said
notice shall be provided not less than six (6) months prior to commencement of such relocation. If
such relocation is required by Grantor, Grantor shall provide Grantee, subject to availability of
property suitable for the intended use, a substitute right-of-way for the placement of Grantee's
relocated Pipeline and Facilities at no additional cost, with the exception of damages to crops,
fences, livestock or water supply ditches. Grantor and Grantee hereby agree that the cost
associated with the physical relocation of Grantee's Pipeline and Facilities shall be Grantee's sole
responsibility.
In accordance with Section 1445(b )(2) of the Internal Revenue Code, Grantor, Federal 10
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.
Subject to the foregoing, the terms and conditions of this grant shall be applicable to
Grantee, its successors and assigns.
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Audit 002647
ûOó245
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the
date(s) set forth below in the acknowledgments, to be effective on the day and year first written
above.
Attest:
~~~~
Secretary
{SEAL)
WILLIAMS FIELD SERVICES COMPANY, LLC
L /
By: ê·~ M.
Name: '-;5 Ì" I'A V\. ---r::'1 t,.....
Title: 'c¡{.b-(I'1i"'1 ì ^ r::;;.t.-f
STATE OF TEXAS )
) ss:
COUNTY OF MONTGOMERY )
~gOing instrument was acknowledged before me this JLj~day of
,2009, by George Peters, as Vice President of Uinta Development Company.
WITNESS my hand and official seal.
·.:~-.IIIiftIt.~.....*,1 1 1 _.A.... --...................."n
~ "nUll,
. ~":'',.~'Y~~:¡'" MARLO ELAINE STANSEL
.1~t'<~:::J..:2'n Notary PUbli? State of :'exas ¡
\' '3:.~;'!;:{"~f My Commission Expires
'I ~<~¡ñF'~,~,'" May 20, 2012
~::'.·~;~~IWSI
(SEAL)
My commission expires ~ ?-D I ;}{) I ð-
~~l~
Notary Public
STATE OF ~jC~
COUNTY OF 5~'wcJ~
)
) ss:
)
The, foregoing instrum~t. was~knpwledged before me this '(b day of
ï1i:ucÁ... ,2009, by 'ðy/~ f",. (~/tv- ,as ¡C c{,..,-t'\~ ;.'- ~"J.
of Williams Field Services Company, LLC.
WITNESS my hand and official seal.
q .-¿ , .;JOt 0
My commission expires
~/,~/(1 )
Notary PubliJJ
(SEAL
SALLy POOLE NOTARY P\JBl.1C
COUNTY OF \\ STATE OF
SWEETWATER . WYOMING
- Cf-J-I-Io
tit COMMISSION EXPIRES
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RlW No. 8788
00&246
EXHIBIT A
WILLIAMS FIELD SERVICES COMPANY LLC
MOXA ARCH GATHERING SYSTEM
WHISKEY BUTTES UNIT 351-29E
LEGAL DESCRIPTION
OF
A PROPOSED PIPELINE RIGHT-OF-WAY
ACROSS
UINTA DEVELOPMENT COMPANY LANDS
SECTION 29, TOWNSHIP 21 NORTH, RANGE 112 WEST, 6TH PM,
LINCOLN COUNTY, WYOMING
A STRIP OF LAND 30 FEET WIDE ACROSS A PORTION OF SECTION 29, TOWNSHIP 21
NORTH, RANGE 112 WEST, 6TH PM, LINCOLN COUNTY, WYOMING, BEING 15 FEET EACH
SIDE, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEY LINE,
WHICH IS THE CENTERLINE OF AN EXISTING 4 1/2 INCH DIAMETER PIPELINE:
BEGINNING AT A POINT LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 29, SAID POINT BEARS NORTH 89°55'53" EAST A DISTANCE OF 772.2
FEET FROM THE NORTHWEST CORNER OF SAID SECTION 29;
THENCE SOUTH 28°23'53" WEST A DISTANCE OF 18.7 FEET;
THENCE SOUTH 35°3'45" WEST A DISTANCE OF 149.8 FEET TO THE END OF THE LINE AT A
POINT LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 29: SAID POINT BEARS NORTH 15°5'19" EAST A DISTANCE OF 2586.4 FEET FROM
THE WEST QUARTER CORNER OF SAID SECTION 29.
THE LENGTH OF THE ABOVE DESCRIBES SURVEY LINE IS 168.6 FEET, OR 10.218 RODS, OR
0.032 MILES.
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Received
DEC 0 9 2008
Right..ot-way
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1532.4' - 4 1/2" O.D. X .156" W.T.,
ERW, GR X-42
COA TlNG: PLEXGUARD
0+00 = P.O.T.
ON
WHISKEY Bums UNIT
219-20E
IL?~
I'W
"¡-(f
;j;ër.
2" METER RUN OUTLET
SEE DWG. STD-B-1-1035
N
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3"-500# VALVE ASSEMBLY
SEE DWG. STD-D-1-2017
I
~
~ 1 12/1/08 SRH
III NO. DATE BY
SUBDIV1SICtI
0+00 TO 13+ 79.0
13+79.0 TO 15+47,.6
IM£R
BUREAU OF lAND MANAGEMENT
UINTA DEVELOPMENT CD.
FEET
1379.0
168.6
HlL£S
0.261
0.032
ACRES
1.266
0.116
RODS
83.576
10.218
APPLlCAn~ DI/G.
INFO
AS CONSTRUCTED 1056440 BS
DESCRIPTION 'J.O.NO. CHK, APP. NO,
DRAFTING BY DATE STATE' 'w'YOMING
SRH 12/1/08 COUNTY' LINCOLN
DESCRIPTION
R/'w' II
METER II'
SURVEYED'
I¡Y'w' I,
BlM OFF.
8788 DRA'w'N BY
92~07 CHECKED BY
10/08/08 APPROVED BY
171130 ENGINEER
BS
lP
12/1/08
12/8/08
MOXA ARCH GATHERING SYSTEM
EDG - 'w'HISKEY BUTTES UNIT 351-29E
0+00 = P.D.T. ON 'w'HISKEY BUTTES UNIT 219-20E
(REF. D'w'G. 24A786.0-47-l)
SEC. 20 Be 29, T-21-N, R-112-'w', 6th PM
BY DATE
KEMMERER DESIGNED BY
PROJ. APPROVED
SCALE' 1'=1000'
.", .0. NO. 1056440
o WG NO.
24A 786,0-81-1
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