HomeMy WebLinkAbout947042RUBY PIPELINE, L.L.C.
RIGHT OF WAY AND EASEMENT AGREEMENT
State of Wyoming RECEIVED 5/11/2009 at 12:58 PM CO 128574
cY) RECEIVING # 947042
~
L T_ County of Lincoln BOOK: 722 PAGE: 628 LL # 1029
JEANNE WAGNER
0 LINCOLN COUNTY CLERK, KEMMERER, WY
LO
KNOW ALL MEN BY THESE PRESENT: 000'628
THAT the undersigned, (hereinafter called "Owner", whether one or more), for and in
consideration of the sum of ten dollars ($10.00 and more) in hand paid, the receipt of which is hereby
acknowledged, does hereby grant, sell and convey unto Ruby Pipeline, L.L.C., its successors and assigns
(hereinafter called "Company"), a right of way and easement for the purposes of laying, constructing,
maintaining, operating, patrolling, repairing, replacing and removing a single pipeline (with fittings,
tie-overs, cathodic protection equipment, fiber optic and all appliances appurtenant thereto) for the
transportation of oil, gas, or any other liquids or substances associated with natural gas, along routes
convenient for Company's operations across the lands of Owner, situate in the County of Lincoln,
State of Wyoming described as follows:
Township 19 North, Range 116 West, 6th P.M.
Section 32: W1/2SW1/4
and specifically shown and described on Plat numbered 300AU-1029 marked Exhibit "A", and by
reference made part hereof. Said right of way and easement granted shall beat least 115 feet in width
during construction and thereafter 50 feet in width throughout extending on, over and across the above-
described land.
Owner, its successors, heirs or assigns, reserves all oil, gas and other minerals on and under said
lands and the right to farm, graze and otherwise fully use and enjoy said lands, provided however, that
Company shall have the right hereafter to cut and keep clear all trees, brush and other obstructions that
may injure, endanger, or interfere with the construction and use of said pipeline, fittings, tie-overs,
cathodic protection equipment and appliances appurtenant thereto. Company shall have all privileges
necessary or convenient for the full use of the rights herein granted, together with ingress and egress
along said pipeline and over and across said lands. Owner, its successors and assigns, shall not without
Company's written consent disturb the surface of the right of way and easement in a manner which will
result from the removal of surface cover from the pipeline.
Owner represents and warrants that it is the owner in fee simple of the land described herein,
subject only to outstanding mortgages, if any, now of record in said County, and in the event of default
by Owner, Company shall have the right to discharge or redeem for Owner, 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.
Company and Owner shall observe and follow the requirements of all applicable statutes,
ordinances, regulations, licenses, permits, agreements or covenants, including without limitations, any
requirement to call the State's "One Call" notification system prior to construction or excavation along
or within said right of way and easement.
Company shall have all privileges necessary or convenient for the full use of the rights granted
herein, including without limitation the right to take any action necessary for compliance with federal, state
or local laws, rules and regulations.
Company, by acceptance hereof, agrees to pay for damages to crops, pasture, livestock and
fences which may arise from laying, constructing, maintaining, operating, repairing, replacing or
removing said pipeline. Company shall compensate Owner for any loss or injury to livestock arising
from Company's construction activities; including any loss or injury to livestock on those properties
identified as the BLM Carter Lease and the BLM Cumberland Flat Allotment (together "the Leases");
but only insofar as the Leases are directly affected by said construction activities.
All fences that must be cut in order to accomplish any of the purposes herein above granted to
Company shall be "H" braced on each side of the area covered by this grant and the wire secured so that
when the fence is cut, within the remainder of the fence shall not go slack or be slackened and after
C,WG29
said installation or repair, said fence shall be replaced in as good as condition as said fences were before
cutting. Company will install gates along said right of way at landowners request and at reasonable and
mutually agreed upon locations.
Company shall take all necessary measures to maintain proper drainage to prevent erosion of the
surface of such right of way and easement premises, and further at the completion thereof to re-contour
and re-seed all disturbed areas with seed mixture as recommended by Owner and/or appropriate
agencies.
Company and Owner shall not be responsible for injury to persons or damage to property from
any cause outside their control, including without limitation, negligence or intentional acts of other or
third party persons.
TO HAVE AND TO HOLD said right of way and easement unto said Company, its successors
and assigns, until such pipeline be constructed and so long thereafter as a pipeline is maintained
thereon; and the undersigned hereby bind themselves, their heirs, executors, administrators, successors
and assigns to warrant and forever defend all and singular said right of way and easement unto said
Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
In the event that the Federal Energy Regulatory Commission gives Company the authority to
abandon the right of way and easement described herein, and Company actually abandons said right of
way and easement, this Right of Way and Easement Agreement shall terminate and all rights granted
herein shall terminate and the right of way and easement shall revert back to the Owner or Owner's
successors and assigns, and, in that event, Company shall record a release of this Right of Way and
Easement Agreement upon the request from Owner or its successors or assigns.
It is agreed that this Right of Way and Easement Agreement as written is assignable in whole or in
part and that above covers all agreements between the parties as to the subject matter described herein and
the parties agree that no other promises or representations have been made which would alter or otherwise
modify the terms set forth herein.
This Right of Way and Easement Agreement may be signed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
Executed this 12-- day of A~~J
2009.
N ichae J. s
ACKNOWLEDGEMENT
STATE OF \ C Q )
COUNTY OF _I/J V )ss. 60V630
BEFORE
E,J' THE UNDERSIGNED, A Notary Public, within and for said State and County on this
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f da ofP~- \
Y , 2008, personally appeared ~I Lj)~l v • Sf yy)-s
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me tlta(gshe/they executed the same in ti her/their authorized capacity(ies),
and that b his er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument as a free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written.
TARY PUBLIC
=LKER
STATE OR
1NYOMIND
[Se
al] B/31Y2010
My Commission expires:
STATE OF )
COUNTY OF )SS.
)
BEFORE ME, THE UNDERSIGNED, A Notary Public, within and for said State and County on this
day of , 200_, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument as a free and voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written.
[Seal] Notary Public
Address
My Commission expires:
3
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MICHAEL J. SIMS
1669.63 FEET 101.19 RODS 1.917 ACRES
EASEMENT DESCRIPTION
A 50.00 foot easement for pipeline purposes across a portion of Section 32, Township 19 North, Range 116
West of the 6th Principal Meridian, Lincoln County, Wyoming. Said Easement being 25.00 feet on each side
of the following described centerline:
Beginning at a point on the East line of the West half of the Southwest Quarter of said Section 32, from
which the Center West One-Sixteenth Corner of said Section 32 bears NOW43'08"W, 298.46 feet; thence
S63'45'02"W, 211.50 feet; thence S52'26'46"W, 1167.97 feet; thence S43'57'48"W, 290.16 feet to a point on
the West line of the Southwest Quarter of said Section 32 and said centerline there terminating, from which
the Southwest Corner of said Section 32 bears S00'57'13"E, 1329.70 feet.
CERTIFICATE OF SURVEYOR
I, Randall S. Stelzner, a Professional Land Surveyor in the State of Wyoming, do hereby state that, to the
best of my knowledge, information, and belief, this map was prepared from field notes taken during an
actual survey made by me or under my direct supervision and that this map correctly shows the results of
said survey and that the monuments found are as shown.
Randall S. Stelzner
LS 5134
REF. DWG:
inberg-Miller Engineers
124 E. Main St.
Riverton, WY 82501
307-856-8136
UNE UST NO.: 1029 WY
Division:
ROCKY MOUNTAIN
Op. Area: ELKO
State:
WYOMING
Co./Par.: LINCOLN
Section:
32
Township:
19N
Range: 116W
Dft: MDH
Date: 9/17/08
Project ID: 128574
Chk: RSS
Date:
Scale: AS NOTED
Appr:
Date:
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NOTES:
1. The accompanying plat does not constitute a boundary survey.
2. Easement centerline may not represent location of pipeline.
3. Client did not want rights-of-way and easements shown.
4. Basis of bearings - Geodetic bearings as established by static
GPS observations and relative to NAD 83 (CORS 96). UTM Zone
12 North, calculated by NGS-OPUS.
5.) Project elevations relative to NAVD 88 (Geoid 03) as determined
from the some NGS-OPUS calculation.
6.) Combined adjustment factor. 1.000699008 (Grid to Ground).
7.) Calculated corner positions are determined from record
Information as shown on available GLO/BLM plats. Section lines
are relative to the BLM GCDB or occupation lines in areas
where PLSS comers were not found.
NO. I DATE I BY I DESCRIPTION
REVISION!
LAND PLAT
RUBY PIPELINE-LN 300A
CROSSING OF MICHAEL J. SIMS
PROPERTY
PROD. ID I APPR.
RUB' PIPELINE LLC
300AU-1029 Sheet 1 of 1 Rev.
TYP& ACAD 0