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HomeMy WebLinkAbout949906RECEIVED 10/7/2009 at 2:53 PM RECEIVING # 949906 BOOK: 733 PAGE: 371 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY PIPELINE RIGHT-OF-WAY '?<t Audit D02632 71 STATE OF WYOMING § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF LINCOLN § THIS Pipeline Right-of-Way Agreement (hereinafter called "Agreement"), is made this 8th day of December, 2008, between UINTA DEVELOPMENT COMPANY, a corporation of the State of Wyoming, P.O. Box 1330, Houston, TX 77251-1330, Grantor, and MOUNTAIN GAS RESOURCES LLC, whose address is 1099 18th Street, Suite 1200 Denver, Colorado, 80202-2955, Grantee. WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto Grantee, and unto its successors and assigns, a nonexclusive easement for right-of- way for the construction, operation, maintenance, repair, renewal, reconstruction and use of a single (6") OD pipeline (hereinafter called "Pipeline"), with necessary appurtenances thereto (hereinafter called "Facilities"), under the surface of the land situated in the County of Lincoln, State of Wyoming, described in Exhibit "A" (hereinafter called "Premises"), attached 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 right to construct at any and all times and to maintain roads, highways, pipelines and telephone, telegraph and electric power pole and wire lines, over, under and across, without cost, expense or compensation whatsoever to Grantee but in such a way as not unreasonably to interfere with Pipeline or Facilities of Grantee on the Premises; it being understood that the right so reserved to Grantor, its successors and assigns, is retained along with the general right of Grantor, its successors and assigns, to the use of the Premises for any purpose not inconsistent with the use 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 the rights granted to Grantee by this easement. The easement granted hereby and described in Exhibit "A" is for a strip of land Fifty feet (50') in width for a pipeline being Twenty-Five feet (25') on either side of the centerline of the Pipeline when constructed. During construction of the Pipeline, the easement will include a temporary right of way Twenty-Five feet (25') in width in addition and adjacent to the aforementioned permanent right-of- way, and additional temporary work space, all as described in Exhibit "A". This Agreement is made subject to all outstanding leases and other outstanding rights, including, but not limited to, those for highways and other roadways and rights of way for irrigation ditches, pipelines, pole and wire lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person which may affect the Premises, whether recorded or unrecorded, and is made without covenant of title or for quiet enjoyment. The Agreement herein made is on the express condition that Grantor, its successors and assigns, shall not be liable to Grantee, its successors or assigns, for any damage occurring to the Pipeline and/or Facilities made or to be made by Grantee upon the Premises or for any other damage whatsoever occasioned by subsidence of the surface of the Premises as a result of mining underneath the same or resulting in any other way from the removal of coal or other minerals in or underlying the Premises. All operations hereunder shall be conducted at the expense of Grantee and in compliance with all Federal, State and County laws, rules, ordinances and regulations which are applicable to the area of operations including but not limited to those pertaining to environment, fire, sanitation, conservation, water pollution, and fish and game. All of Grantee's operations hereunder shall be conducted in a prudent manner. IF, AS A RESULT OF GRANTEE'S OPERATIONS UPON OR USE OF SAID PREMISES HEREUNDER, ANY STATUTE, LAW, ORDINANCE, 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 FEES, IMPOSED UPON OR INCURRED BY GRANTOR AND/OR ITS AFFILIATES, THEIR OFFICERS, EMPLOYEES AND/OR AGENTS, RESULTING FROM, OR CONNECTED WITH, SUCH VIOLATION AND/OR VIOLATIONS. 1 r `7t~ \/J~ S(5000 b7Q LG Au0832 72 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 claimed 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 so 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 Protection Agency (EPA) and/or state agencies. If Grantee's use of the Premises shall include any regulated hazardous waste activities, Grantee shall obtain a hazardous waste permit from the EPA or appropriate state agency and shall provide copy of same to Grantor within thirty (30) days following Grantee's receipt of said permit. GRANTEE, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, BY THE ACCEPTANCE OF THIS EASEMENT, AGREES TO INDEMNIFY AND HOLD HARMLESS GRANTOR AND ITS AFFILIATES, THEIR OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS, AGAINST AND FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, FINES, PENALTIES, COSTS AND EXPENSES OF WHATSOEVER NATURE, INCLUDING ATTORNEY'S FEES AND COSTS WHICH MAY RESULT FROM PERSONAL INJURY TO OR DEATH OF PERSONS WHOMSOEVER, OR DAMAGE TO OR LOSS OR DESTRUCTION OF PROPERTY OR THE ENVIRONMENT, INCLUDING THE PIPELINE AND FACILITIES OF GRANTEE, AND INCLUDING ENVIRONMENTAL CLAIMS, NATURAL RESOURCE DAMAGE CLAIMS, CLAIMS FOR ENVIRONMENTAL VIOLATIONS, ENVIRONMENTAL NONCOMPLIANCE, OR ENVIRONMENTAL RELEASES PURSUANT TO THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT (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 RODENTICIDE ACT, THE SAFE DRINKING WATER ACT, OCCUPATIONAL SAFETY AND HEALTH LAWS, AND REGULATIONS PURSUANT THERETO OR TO THEIR STATE STATUTORY OR REGULATORY EQUIVALENTS, OR GROWING OUT OF INTERFERENCE WITH THE PROPER OPERATION OF SIGNAL, TELEPHONE OR TELEGRAPH LINES, OR OTHER ELECTRICALLY OPERATED DEVICES OR APPURTENANCES OF GRANTOR OR ITS AFFILIATES, OR OF ITS OR THEIR TENANTS, WHEN SUCH PERSONAL INJURY, DEATH, LOSS, DESTRUCTION OR DAMAGE, HOWSOEVER CAUSED, GROWS OUT OF OR ARISES FROM OR IN CONNECTION WITH THE CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, RENEWAL, RECONSTRUCTION, REMOVAL OR USE OF SAID PIPELINE AND FACILITIES OR THE BURSTING OF OR LEAKS IN SAID PIPELINE AND FACILITIES HEREINAFTER COLLECTIVELY CALLED "CLAIMS"; PROVIDED, HOWEVER, IF A CLAIM IS CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, EMPLOYEES AND/OR AGENTS, THEN GRANTEE'S INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS ASSUMED IN THIS PARAGRAPH SHALL BE REDUCED IN PROPORTION TO THE PRO RATA NEGLIGENCE OR WILLFUL MISCONDUCT, IF ANY, BY GRANTOR OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, EMPLOYEES, AND/OR AGENTS IN CONNECTION WITH SAID CLAIM. NOTHING HEREIN SHALL BE CONSTRUED AS MEANING THAT GRANTEE IS AGREEING TO INDEMNIFY AND HOLD HARMLESS GRANTOR FOR GRANTOR'S OWN NEGLIGENCE OR WILLFUL MISCONDUCT. The term "affiliate" (or "affiliates" as the case may be) as used herein means any corporation which directly or indirectly controls, or is controlled by, or is under common control with Grantor. Grantee shall not assign 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 assign this easement or any portion thereof to any affiliated company without Grantor's consent, but upon written notice to Grantor of such assignment. However, Grantee shall first obtain the consent of Grantor before any assignment is made to a non-affiliate of Grantee. Grantee hereby agrees 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. 2 LG Audit D02632 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 of forty-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 of force 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 ID 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. 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. 3 LG Aud t-GUZS32 r° Se6refiry S s3 e . C^ c t(SAL) STATE OF TEXAS COUNTY OF MONTGOMERY UINTA DEVEI,0PMENT OMPANY Vice President MOUNTAIN GAS RESOURCES LLC 'M2q 6 Mpq n Ann Byroad Ant and Attorney-in-Fact ss: The foregoing instrument was acknowledged before me this l 8~ day of I~jC-3EtZ , 20L2p? by George Peters, as Vice President of Uinta Development Company. WITNESS my hand and official seal. commission expires AA-( S, c;,y % F A`qr: o,`p,FtY PU~C/ F~ STATE OF 1 TcXl-S --L-LL(-Cc C ~a.e e, Notary Public ss: COUNTY OF Y~ The foregoing instrument was acknowledged before me this day of _ kNEy-FyAArtoj7_ , 20 by t~ Awio t-3-II74zv~~ , as-wYi- .~nc'P~LEI -CA-C-7- of Mountain Gas Resources LLC WITNESS my hand and official seal. commission expires YYL4,( 8. Za• 1 I •••O(ARYpG•'y~~~i o ~QItCG .ro Notary Public (SEAL ~ 1HES -08•-11 •...a~~````~ 4 LG &oui 4375 EXHIBIT A 16363-A PIPELINE LEGAL DESCRIPTION OF A PIPELINE RIGHT-OF-WAY c"~Clj 3 ACROSS UNITA DEVELOPMENT LAND FOR MOUNTAIN GAS RESOURCES, INC. APRIL 21, 2008 A STRIP OF LAND, 50.00 FEET IN WIDTH FOR A PIPELINE RIGHT-OF-WAY, ALL SITUATED WITHIN SECTION 9, TOWNSHIP 21 NORTH, RANGE 113 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, THE BOUNDARIES THEREOF BEING 25.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTH CLOSING CORNER OF LOT 44 TOWNSHIP 21 NORTH, RANGE 113 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEING A STONE MONUMENT, THENCE NORTH 88°54'05" WEST, 385.81FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 47°13'47" EAST, 534.22 FEET TO THE POINT OF TERMINUS ON THE EAST LINE OF SECTION 9, NORTH 00°59'36" EAST, 370.23 FEET FROM NORTH CLOSING CORNER OF LOT 44, TOWNSHIP 21 NORTH, RANGE 113 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEING A STONE MONUMENT. THE TOTAL LENGTH OF A PIPELINE RIGHT-OF-WAY ACROSS UINTA DEVELOPMENT LAND AS DESCRIBED ABOVE IS 534.22 FEET OR 32.38 RODS, CONTAINING 0.613 ACRES, MORE OR LESS. REFERENCE DRAWING No.16363 (EXHIBIT A) - RHGE113 WEST, of &e M jUs TOWNSI U 11 NORM SECTIONS , , S 88'56'11' E 5276.14' STN NWNW NENW NWNE I NENE I SCALE 1" = 1000' 500, 0 1000, NUMBER DIRECTION DISTANCE I ' I ' cu 14 m W 534.22 I S 47.13'47 I Li v F NNW I I %0 cu 3 --W- ------SWNE---- « SWNWI SENE CD cn STATE OF WYOMING i o° COUNTY OF LINCOLN a I I W cu in I I APPARENT OfVMRSffiP: w - - UINTA DEVELOPMENT W / NWSw I NE NWI NESE Ac I ( n CD z I FOUND MONUMENT I I w SECTION CORNER I w 000 FOUND MONUMENT I ;o QUARTER CORNER • PROJECTED CORNER - - - - - - - - sESw + - SWSw SW5E SESE - - - - ( 6 o ° DATUM 1 LOT 4 I LOT 3 LOT 2 I LOT 1 z 70. 3' SPCS WYWC (NAD 27) I I ti 57N S 88'54'05' E 4814.69 OT 4 L 4 N 88.54'05' W 385.81' 0 snv 4 N 88.56'54' W 5291.65' S77 STATEMENT OF SURVEYOR: BRIAN L. FORBES STATES HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY MOUNTAIN GAS RESOURCES, INC. TO MAKE A SURVEY OF THE CENTERLINE OF A PIPELINE RIGHT-OF-WAY AS DESCRIBED AND SHOW~IE THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY, COMMENCING ON THE 21 st AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS PLAT. (13®/®3 Total R-O-W Width 50 Feet, _ 5 Left, 25 Right of Centerline. U 4422 Feet, 32.38 Rods, 0.613 Acres. R FFIN & ASSOCIATES, INC. (.907) 362-602 11414 ELK ST., ROCK SPRINGS, WY 82901 DRAWN: 4129108 - MML SCALE.• 10-1000' REVISED: NA DRG JOB No. 16363 EXHIBIT A A MAP SSOWINGA PROPOSED PIPELINE RIGS?=0F-WAY PREPARED FOR: MOUNTAIN GAS RESOURCES, INC.