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HomeMy WebLinkAbout949683ROAD EASEMENT AND ACCESS AGREEMENT x'00515 THIS AGREEMENT, made and entered into this,? Cday of , 2009, by and between FISHHOOK LAND, L.C., whose address is 409 Eagle Lane, Lyman, Wyoming 82937, hereinafter "Grantor"; and WILLIAMS FIELD SERVICES COMPANY, LLC, whose address is P.O. Box 645 WR2-C, Tulsa, OK 74101, hereinafter called "Grantee". Grantor and Grantee maybe 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, Wyoming, to-wit: Township 19 North, Range 112 West, 6th P.M. Lincoln County Sections 4 and 9 WHEREAS, Grantee needs access to its facilities located 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 157.636 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. 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 facilities located in Lincoln County, Wyoming. Grantor has granted rights to other parties to use the Roads. The consideration herein recited shall cover crop loss damages caused by Grantee's use of the Roads. II. Grantee shall use the Roads as now designated and shall not widen or change the Roads without first obtaining the written permission of Grantor. III. In consideration of the grant of this easement, Grantee agrees as follows: RECEIVED 9/24/2009 at 2:09 PM RECEIVING # 949683 BOOK: 732 PAGE: 515 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ?"00516 (1) On June 2, 2009 Grantee agrees to pay to Grantor $9.00 per rod for the access granted herein. On June 2, 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 be made on June 2 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 lbs./acre when drilled and 44 lbs./acre when broadcast with the following mixture: Lbs. Seed/Acre Common Name 3 lbs./acre Western wheatgrass 3 lbs./acre Indian ricegrass 3 lbs./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 Scientific Name Agropyron smithii Oryzopsis hymenoides Agropyron dasystachyum Agropyron trachycaulum Atriplex gardeneri Atriplex canescens Atriplex tridentate Eurotia lanata 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 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, assigns, 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 prior written consent of Grantor. V. 00V517 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 shall give Grantor prior written notice of any archeological and/or historical 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. uvk~ 51.'q 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: FISHHOOK LAND, L.C. 409 Eagle Lane Lyman, WY 82937 Grantee: WILLIAMS FIELD SERVICES COMPANY, LLC P.O. Box 645 WR2-C 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 is still in full force and effect. GRANTOR: FISHHOOK LAND, L.C. Bit lJ.+ ex Weston, Member GRANTEE: WILLIAMS FIELD SERVICES COMPANY, LLC By: Brian Taylor, Attorney in Fact STATE OF WYOMING ) )ss. COUNTY OF UINTA ) On this _&day of - , 2009 the above and foregoing instrument was acknowledged before me by J. Rex We on, who is a member of FISHHOOK LAND, L.C., and who executed the above instrument on behalf of said limited liability company. ~15TARY PUBLIC My Commission Expires: 7UK REIS NOTARY PUBLIC unty of State of inta Wyoming My Commission Expires STATE OF WYOMING ) )ss. COUNTY OF ) On this day of , 2009, the above and foregoing instrument was acknowledged before me by Brian aylor, who is Attorney in Fact for and who executed the above instrument on behalf of Williams Field Services Company, LLC. Public My Commission Expires:~(e- 6A ~l MANLY PETEOSON COU TY OF 5WI ETNA TER Commission Ex ires June 03, 2012 i 1 I i f"06520 \ I I I I Fishhook Land LC Western Wyoming Range Limited Partnership/Broadbent Land and Resources - i i i N W+E will EXHIBIT: A S NO SCALE SECTION 9 - T19N,R112W 3-25-20009 09