HomeMy WebLinkAbout949908RECEIVED 1017/2009 at 2:54 PM Npq
RECEIVING # 949908 Audit D02630 r
BOOK: 733 PAGE: 7
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
PIPELINE RIGHT-OF-WAY
C'0,0387
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 y as not unreasonably to interfere with Pipeline or Facilities
of Grantee on the Premises; it bein nderstood that the right so reserved to Grantor, its successors
and assigns, is retained along wit 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 (26) 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
5~1vo00
LG
0000
7 _
0 09),38g
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 D02630
000389
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
Auo`irauz630
UINTA DEV bPMENT C PANY ~ 'x' 90
Attest: ~!y
Secretary George Pe ,*Fs
Vice Pres dent
(SEAL)
MOUNTAIN GAS RESOURCES LLLC4 ~
va
e Ann Byroad
ent and Attorney-in-Fact
STATE OF TEXAS )
) ss:
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this 18C day of
'l,eisewi,-' , 20_Qa, by George Peters, as Vice President of Uinta Development Company.
WITNESS my hand and official seal.
My commission expires YYL44 8, zol I
` ECCq
s
~ Q.•o~p,RYp tL
~•,~~C`~
Notary Public
~P•
111 01118
1 t 11111 `
STATE OF EX~-5 )
ss:
COUNTY OF rV-jC -jjr6C V-144`I )
The foregoing instrument was acknowledged before me this day of
LNF ~ynfStoiz~ , 20-0a, by ,4N-tr-AQiA 13`1 ~ as 46~n.~ ~brrc~ety~Y• ~~l-F,~cr
of Mountain Gas Resources LLC
WITNESS my hand and official seal.
My commission expires WA`I 5, 7Gt
p,RYAG•.yf~`~ ~p ~Q~~.CCI~i L
Notary Public
C
08
4
LG
EXHIBIT
A
16710-Al
PIPELINE
LEGAL DESCRIPTION U'l
OF
A PROPOSED PIPELINE RIGHT-OF-WAY
ACROSS
UINTA DEVELOPMENT COMPANY LANDS
FOR
MOUNTAIN GAS RESOURCES
SEPTEMBER 18, 2008
A STRIP OF LAND 50.00 FEET IN WIDTH FOR A PIPELINE RIGHT OF WAY ALL SITUATED IN THE
NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 112 WEST, 6TH PRINCIPAL
MERIDIAN, LINCOLN COUNTY, WYOMING, LYING 25 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 26 AND 35,
TOWNSHIP 22 NORTH, RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING,
BEING A BRASS CAP AND IRON PIPE MONUMENT, THENCE SOUTH 13°22' 15" EAST, 2,385.42 FEET TO
THE TRUE POINT OF BEGINNING;.
THENCE NORTH 84°08'53" EAST, 120.71 FEET;
THENCE SOUTH 83°27'40" EAST, 915.86 FEET;
THENCE SOUTH 26°04'55" EAST, 118.11 FEET TO THE POINT OF TERMINUS, NORTH 80°31'24" WEST,
976.78 FEET FROM THE QUARTER SECTION CORNER COMMON TO SECTIONS 35 AND 36, TOWNSHIP
22 NORTH, RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEING A
BRASS CAP AND IRON PIPE MONUMENT.
THE TOTAL LENGTH OF A PIPELINE RIGHT-OF-WAY ACROSS UINTA DEVELOPMENT COMPANY
LANDS AS DESCRIBED ABOVE IS 1,154.68 FEET OR 69.98 RODS, CONTAINING 1.325 ACRES, MORE OR
LESS.
REFERENCE DRAWING 16710 EXHIBIT Al
SCALE 1" = 1000'
500' 0 1000'
STATE OF WYOMING
COUNTY OF LINCOLN
APPARENT OW
UINTA DEVELOPMENT CO.
FOUND MONUMENT
SECTION CORNER
ooa FOUND MONUMENT
QUARTER CORNER
DATUM
SPCS WYWC (NAD 27)
SECHON351 TOWNSIN11 ORTB AW 111 WEST, oftbe id IRA*,
WNW I NEW WNE ~NENE
1 i
~W
09
I IN
Cu
3
o SWNW ~SENW-----
0 1~ I
0
H
#
BEARING
DISTANCE
LS
N 84.08'53' E
120.71'
L2
S 83.27'40' E
915.86'
L3
S 26'04'55' E
118.11'
N
IM1? I
1 I
L2
I b=N 80.31'24' W
3C WSW NESW - 35 NWSE 11 SE 976.78' -
I I I
I
I
I I
Cu
SWSW - - - - - ISESW I SNSE I SESE
C, CD I
z
I I
~c S 89.11'21' E 5280.84'
BC
3
H
W
m
Cu
v
0
0
z
BC
STATEMENT OF SURVEYOR:
CLEMENT R. WILLIAMS STATES HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY MOUNTAIN GAS RESOURCES
TO MAKE A SURVEY OF THE CENTERLINE OF A PIPELINE RIGHT-OF-WAY AS DESCRIBED AND SHOWN HEREON; THAT THE SURVEY OF
SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY, COMMENCING ON THE 12th DAY OF SEPTEMBER, 2008: AND THAT
SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS PLAT.
Totol R-O-W Width 50 Feet,
255 Left, 25 Right of Centerline.
_1154.68 Feet,-69•98 Rods, 1.325 Acres.
362-6028 1414 ELK ST., ROCK SPRINGS, WY 82901
DRAWN: 9118108 - JMB SCALE: 1"w 1000'
REVISED. NA DRG JOB No. 16710
EXHIBIT Al
ev A.
6 3
fi263
A MAP SHOWING A
PROPOSED PIPELINE RIGRT-OF-WAY
PREPARED FOR:
MOUNTAIN GAS RESOURCES