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HomeMy WebLinkAbout949682ROAD EASEMENT AND ACCESS AGREEMENT 000507 THIS AGREEMENT, made and entered into this 'g day of March, 2009, by and between WESTERN WYOMING RANGE LIMITED PARTNERSHIP, an undivided 80.43478% owner, a Wyoming limited partnership, hereinafter called "Western Wyoming", whose address is P.O. Box 336, Lyman, WY 82937; and BROADBENT LAND AND RESOURCES, L.L.C., a Utah limited liability company, an undivided 19.56522% owner, whose mailing address is P.O. Box 58627, Salt Lake City, UT 158-0627, hereinafter called "Grantor"; and WILLIAMS FIELD SERVICES COMPANY, LLC, AM=imited liability company, whose address is P.O. Box 645, WRC 3-4, Tulsa, OK 74101, hereinafter called "Grantee". Grantor and Grantee may be referred to herein individually as "Party" or collectively as "Parties." WITNESSETH: WHEREAS, Grantor is the owner of the surface and surface rights in and to the following described lands situate in Lincoln County and Uinta County, Wyoming, to-wit: T 18 N, R 112 W Approximate rods: Section 5 167.5 T19N.R112W Section 7 27.6 Section 9 180.9 Section 17 321.0 Section 19 189.0 Section 29 84.4 Section 31 193.5 Total: 1,163.9 rods (approximate) WHEREAS, Grantee needs access to its Moxa South Compressor facility, located in the W '/2 W'/2 of Section 29, T 19 N, Range 112 West in Lincoln County, Wyoming which access roads are located on lands owned by Grantor and on lands owned by others, and such access includes the use of approximately 1,163.9 rods of existing roads, as described on Exhibit "A" which are attached hereto and hereby incorporated herein by this reference (hereinafter "the Roads"), and WHEREAS, Grantor is willing to execute and enter into a road easement and access agreement with Grantee under the terms and conditions set forth below; NOW THEREFORE, IT IS HEREBY understood and agreed by and between the parties as follows: -1- RECEIVED 9/24/2009 at 2:08 PM RECEIVING # 949682 BOOK: 732 PAGE: 507 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ocysos That for and in consideration of the cash payment to be made by Grantee to Grantor as set forth below and the other covenants and agreements stated below, Grantor does hereby grant and convey to Grantee a private easement across the Roads described on Exhibit "A" for the purpose of enabling Grantee to utilize and maintain the existing Roads to access its Moxa South Compressor facility located in Lincoln County, Wyoming. Grantor have granted rights to other parties to use the Roads. Grantee shall bear its pro-rata share of any reasonable costs associated with maintaining the Roads. The consideration herein recited shall cover crop loss damages caused by Grantee's use of the Roads. Grantee shall use the Roads as now designated and shall not widen or change the Roads without first obtaining the written permission of Grantor. In consideration of the grant of this easement, Grantee agrees as follows: (1) Upon execution of this agreement, Grantee agrees to pay to Grantor $9.00 per rod for the access granted herein. On March 15, 2010, Grantee shall pay to Grantor the sum of $4.50 per rod adjusted for any increase in the Consumer Price Index All Urban Consumers (C.P.I. - U) for all items, U.S. City average as determined by the United States Department of Labor. The fee shall be adjusted each year thereafter from the basis of the preceding year's annual fee to reflect the increase or decrease, if any, in the Consumer Price Index All Urban Consumers (C.P.I. - U) for all items, U.S. City average. Said adjustments and payments to made on March 15 of each year until this Road Easement and Access Agreement terminates. (2) in addition to the consideration set forth above, Grantee shall pay Grantor or their respective lessees for any livestock losses that Grantee causes. (3) Grantee, shall, at its expense, protect the roadway from surface erosion and will control all noxious weeds and poisonous plants within the disturbed area of the easement. (4) in the event the Roads are abandoned, all or any portion of the Roads shall, at the option of Grantor, be either left in their then existing condition or be rehabilitated by filling the barrow areas and leveling the easement to the existing contour of the land and then reseeding the Roads at the rate of 22 tbs. /acre when drilled and 44 tbs. /acre when broadcast with the following mixture: Lbs. Seed/Acre Common Name Scientific Name 3 tbs. /acre Western wheatgrass Agropyron smithii -2- ~C?Ov509 3 tbs. /acre Indian ricegrass 3 tbs. /acre Thickspike wheatgrass 2 lbs./acre Slender wheatgrass 1 Lb. /acre Gardeners saltbush 2 lbs./acre Fourwing saltbrush 1 lb. /acre Trident saltbush 1 lb. /acre Winterfat 6 lbs./acre Triticale sterile Oryzopsis hymenoides Agropyron dasystachyum Agropyron trachycaulum Atriplex gardeners Atriplex canescens Atriplex tridentate Eurotia Janata Triticale Under such circumstances, Grantee shall seed the easement as many times as required to achieve the same level of growth as then exists in adjacent properties. Only seed certified to be 95 percent pure and with a germination percentage of 85 percent will be used. Grantee will furnish the certification to Grantor prior to the seeding operation. IV. It is understood that this easement shall be a private easement only in favor of Grantee and its servants, employees, contractors, subcontractors and agents, and that Grantee shall not have the right to enter into any agreement with third parties relative to the use of the Roads without the prior written consent of Grantor. V. Grantor reserves the right for itself and its employees, servants, partners, lessees and agents to use said roadway without making any payment to Grantee. VI. Grantee agrees to use commercially reasonable efforts to control the speed over the Roads so as to protect the livestock that may be in the area, and to keep the Roads and any approaches thereto reasonably free from litter and debris. VII. Grantee, its successors or assigns, shall indemnify and hold harmless Grantor, its directors, officers, agents, partners, lessees and employees against and from any and all liability, loss, damage, claims, demands, costs, and expenses of any nature whatsoever, including court costs and attorney's fees, which may result from injury to or death of any persons, or from damage to, loss of or destruction of any property, when such injury, death, loss, destruction or damage is due to or arises from Grantee's use of the Roads. VIII. Grantee shalt give Grantor prior written notice of any archeological and/or historical -3- 0G5!! 10 surveys which Grantee or its agents, servants, employees, contractors and subcontractors complete and/or perform on the premises identified on Exhibit "A" and shall provide any results obtained in such survey related to the Roads to Grantor. Any artifacts or other property found by Grantee, its agents, servants, employees, contractors or subcontractors shall remain the property of Grantor and shall not be removed from the premises without the written permission of Grantor. IX. This agreement shall be a covenant running with the lands described above, and shall be binding upon the undersigned, their respective heirs, successors, and assigns; provided, however, that in the event Grantee shall notify Grantor in writing of its intention to abandon the rights granted herein, or shall fail for a period of one (1) year to use the Roads, then this agreement shall terminate and Grantee and its successors in interest or assigns shall have no further rights hereunder. X. The following provisions are also integral parts of this agreement: a. This agreement constitutes the entire understanding and agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, representations or understandings between the parties relating to the subject matter hereof. b. This agreement may not be modified except by an instrument in writing signed by the parties hereto. C. This agreement shall be interpreted, construed and enforced according to the laws of the State of Wyoming. d. The parties agree that in the event any action or court proceeding is brought by either Party to enforce the obligations under this Agreement, the prevailing party shall be entitled to recover any reasonable attorney's fees, together with court and collection costs. e. All notices, demands, requests and other writings required or permitted to be given hereunder shall be deemed duly given if delivered or if mailed by registered or certified mail, postage prepaid, addressed to the following: Grantor: Western Wyoming Range Limited Partnership P.O. Box 336 -4- 00~ ysll Lyman, WY 82937 Lessee: Williams Field Services Company, LLC P.O. Box 645 WRC 3-4 Tulsa, OK 74101 Either Party shall have the right to specify in writing, another address to which subsequent notices or writings to such party shall be given. Any notice given hereunder shall be deemed to have been given as of the date delivered or mailed. IN WITNESS WHEREOF, the Parties hereto have executed this agreement the day and year first above written, and acknowledge that all monies due and owing from the effective date of this agreement have been paid and this agreement is still in full force and effect. WESTERN WYOMING RANGE LIMITED PARTNERSHIP By: WESTERN WYOMING OPERATING, INC., its General Partner By: a)~ AFTEST: STATE OF WYOMING ) )ss. COUNTY OF UINTA ) This instrument was acknowledged before me on 12 day of O , 2009 by D. Jud Redden and Carl A. Larson as Vice President and Secretary of Western Wyoming Operating, Inc., a Wyoming corporation. OTARY PUBL My Commission Expires: 4.doiA©/',~ SUSANTOOMER NOTARY PUBLIC COUNTY OF STATE OF UINTA WYOMING L gyL MY COMMISSION EXPIRES JULY 20, 2012 p'o -5- BROADBENT LAND AND RESOURCES, L.L.C., a Utah Limited Liability Company STATE OF WYOMING ) )ss. COUNTY OF UINTA ) B ~~Gyv Y• seph . Broadbent, Manager The foregoing instrument was acknowledged before me on Aq 0 2009 by Joseph S. Broadbent, as Manager of Broadbent Land and Resources, L.L. NOTARY PUBLIC My Commission Expires: I -)-7 ')-0 13 WILLIAMS FIELD SERVICES COMPANY, LLC By: 2~~ 4 Brian Taylor, Attorney in fact -6- STATE OF WYOMING ) )ss. COUNTY OF UINTA ) The foregoing instrument was acknowledged before me on 2$n?,,by Brian Taylor, as Attorney in fact of Williams Field Services Company, LLC, a ~ ~ imited liability company. WITNESS my hand and official seal. ir-,~, Notary Public My Commission Expires: SUSAN TOOMER - NOTARY PUBLIC ° COUNTY OF STATE OF UINTA WYOMING MY COMMIbEiON EXPIRES JULY 20, 2012 F:\Western Wyoming Range\Williams Field Services Road Easement Agreement 3-12-09.wpd -7- BLM Western Wyoming Fishhook { Range Limited Land LC Deve lopmenl PartnershlplBroadbent . Land and Resources ? Fishhook ' Land LC I , . 5 1L Western Wyoming BLM Western Wyoming ~ Range Limited ( Range Limited PartnershiplBroadbent PartnershtpJBroadbeM Land and Resources Land and Resources I 1 I BLM Western Wyoming I State of I Range Limited Wyoming Partnership/Broadbent { Land and Resources i i ~ I Western Wyoming f I Range Limited BLM Western Wyoming PartnershlpJBrosdbent ! Range Limited Land and Resources PartnershipJBroadbent Land and Resources i { r l ! BLM Western Wyoming i i BLM I Range Limited Partnership (Broadbent Land and Resources , I - - T--'-_ Srdo.orw Western Wyoming BLM R Wanm Limited Range d I Range Limited ParfnershiplBroadbent (Broa e P oi Land and Resources Land and and Resources Land and I l 111 - - i l Western Wyoming Range Limited PartnershiplBroadberd Land and Resources ( J MILR CKS I N W+ E VIII NO SCALE EXHIBIT: A 3.25-2009