HomeMy WebLinkAbout949909RECEIVED 1017!2009 at 2:54 PM
RECEIVING # 949909 Plant: Granger
BOOK: 733 PAGE: 394 Project: Opal #75-18
JEANNE WAGNER AFE# 2020359
LINCOLN COUNTY CLERK, KEMMERER, WY ~L le<.ry'
PIPELINE EASEMENT
C4 0394
KNOW ALL BY THESE PRESENTS:
That FLYING W LAND AND LIVESTOCK
Box 310
Big Piney, Wyoming 83113
hereinafter referred to as Grantor, (whether one or more), for and in consideration of the sum of
One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, does hereby grant, convey and warrant unto Mountain Gas Resources,
LLC, having its principal office at 1099 18th Street, Suite 1200, Denver, Colorado 80202-1955,
and to its successors and assigns, hereinafter referred to as Grantee, the exclusive right, privilege
and easement ("Easement") for the purpose of locating and surveying pipeline routes, and for
constructing, entrenching, operating, maintaining, repairing, altering, replacing and removing
one or more pipelines and appurtenant facilities, including without limitation above and below
ground valves, meters, pigging equipment, wireleads, communications lines, power lines,
cathodic protection equipment and markers, and other facilities necessary or desirable in
connection with the purposes herein, all for the handling, gathering and movement of natural gas,
1 ` including coalbed methane, and the constituents contained therein, in, over, across, under and
upon the following lands in Lincoln County, Wyoming, to-wit:
A portion of the SE1/4NE1/4 of Section 18, Township 20 North, Range 112 West,
Lincoln County, Wyoming.
The Easement granted hereby is more specifically identified as a strip of land measuring fifty
(50) feet in width and covering a distance of approximately 84.24 rods in length, and is located
over, across, under and upon the lands of Grantor, and shall ordinarily extend twenty-five (25)
feet on both sides of the proposed Easement centerline. The location and dimensions of the
Easement shall be established by a survey which shall be attached hereto as Exhibit "A" and
made a part hereof either upon execution hereof or upon construction of the initial pipeline.
TO HAVE AND TO HOLD unto Grantee, together with all the rights, benefits and privileges
necessary and convenient for the full use and enjoyment of the rights herein granted, including
but not limited to (a) the free right of ingress to and egress from the Easement upon, over and
across the adjacent lands of Grantor, and (b) the right to use all existing roads over and across
such adjacent lands, for the purpose of constructing, operating, inspecting, repairing,
maintaining, replacing, re-sizing or removing the pipelines and appurtenances of the Grantee
located thereon, in whole or in part, at the will of the Grantee. Grantor retains the right to use
and enjoy the lands contained within the Easement except as Grantor's use and enjoyment may
interfere with or create a potential hazard to the rights herein granted to Grantee, it being
understood and agreed that Grantor shall not place any obstruction within or conduct any
activities upon the Easement which could potentially interfere with the normal operation and
maintenance of the pipelines and associated equipment and facilities. If Grantor needs to cross
or encroach upon the Easement in order to construct improvements on Grantor's lands, (e.g.
water line, roadway, fencing, etc.), Grantor will notify Grantee of same prior to such
construction. Grantee will provide personnel to locate pipelines constructed hereunder.
It is further agreed as follows: U ~ CO aJ ~ 95
1. All pipelines constructed by Grantee shall, at the time of construction thereof, be
buried to a depth not less than 3 feet as measured from the surface above the pipeline to the top
of the pipeline, except if rock or other impenetrable substances make burial to the foregoing
depth impractical, Grantee shall have the right to bury the pipelines to such lesser depth as is
practical, but in no event less than a depth of one foot as measured from the surface above the
pipeline to the top of the pipeline; and provided that at the option of Grantee, such line or lines
may be placed above the channel of any stream, ravine, ditch or other water courses.
2. During construction, repair, replacement or removal, Grantee shall have the right
to use an additional strip of land not more than twenty-five (25) feet in width on each side of the
Easement strip referred to above for working space only and additional work space of one
hundred feet by one hundred and fifty feet (100 X 150) along the Easement area at the crossing
of roads, railroads, streams, terraces and uneven terrain.
3. It is understood and agreed by the parties that the consideration recited above
covers not only the Easement granted herein, but also fully compensates Grantor for all
reasonable and ordinary damages caused by, associated with and otherwise incurred in
connection with the construction of the pipelines. Following construction of the pipeline,
Grantee will pay for any damages to Grantor's growing crops or fences caused by the
maintenance or operation of Grantee's facilities; provided, however, that the Grantee shall have
the right from time to time to cut or clear trees, brush and other obstructions on the right-of-way
that might interfere with the operation or maintenance of Grantee's facilities.
4. Grantee will restore the surface to its original contour as nearly as practicable, the
disturbance to which shall be occasioned by the construction, maintenance or operation of said
pipelines under and through the above described land. Further, Grantee agrees to reseed all
areas disturbed by Grantee's operations along the pipeline corridor in a manner consistent with
the vegetation existing prior to Grantee's operations on the Easement. Grantee shall use
commercially reasonable efforts to control noxious and undesirable weeds on the Easement until
the reseeded ground cover is reasonably established. Grantor's lands and leases shall at all times
be kept clean of all Grantee's trash.
5. This instrument may be executed in counterparts and Grantor shall receive
payment hereunder in such proportion as their respective interests bear to the fee simple title.
6. In the event that the Grantee, at any time after the initial construction, shall
construct one or more additional lines of pipe within the Easement the then Grantor shall be
entitled to receive an additional consideration of $25.00 per rod for each additional
construction. A "construction" means the ditching of a trench without regard to the number of
pipelines installed in that trench.
7. Grantor represents and warrants that he is the owner in fee simple of the lands
covered by the Easement, subject only to outstanding mortgages and rights of way, if any, now
of record in said county, and in the event of default by Grantor, Grantee shall have the right to
discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on the lands
covered by the Easement and thereupon be subrogated to such lien and rights incident thereto.
8. The rights of the parties may be assigned in whole or in part.
9. In the event Grantee ceases to use the Easement and fails to keep the pipelines
constructed hereunder available for service, all for the purposes set forth herein, for any
continuous period of five years of more, this Easement shall, upon written notice from Grantor to X
Grantee, terminate and all right, privileges and benefits of the Grantee hereunder will revert to
the Grantor, unless Grantee has re-commenced use of the Easement within 90 days following
receipt of Grantor's notice. In the event that the Easement terminates under this provision, then
the Grantor, at its option, may be deemed the owner of any improvements, including the
pipelines installed in the Easement by Grantee. If this option is exercised by Grantor, Grantee
agrees to execute any necessary documents to effectuate and transfer said ownership to Grantor.
If the option is not exercised by Grantor, then Grantee will commence, in good faith, to remove
all aboveground improvements constructed by it within 90 days after the receipt of written notice
from Grantor to Grantee. If the Grantee fails to so remove such aboveground improvements,
Grantor may remove the aboveground improvements for the account of Grantee, and Grantee
shall reimburse Grantor for the reasonable expenses incurred in the removal of the aboveground
improvements within 30 days from receipt of the proper amount thereof.
10. This instrument contains the entire agreement of the parties. There are no other or
different agreements or understandings between Grantor and Grantee or its agents, and Grantor,
in executing and delivering this instrument, has not relied upon any promises, inducements, or
representations of Grantee or its agents or employees, except as such as are set forth herein.
11. This instrument and the rights, easements and agreements herein contained shall
be covenants running with the land and shall inure to the benefit of and be binding and
obligatory upon the heirs, executors, administrators, successors and assigns of the parties hereto.
Dated this day of j 12008.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
GRANTOR:
B,
GRANTEE:
MOUNTAIN GAS RESOURCES. LLC
By:
Ron Olsen
Agent and Attorney-in-Fact
B,
Sc
STATE OF
ss.
COUNTY O
The foregoing instrument was acknowledged before me this 'I J 4", . day
Of 2008 by ~vyk as the
of a portion of land described as the SE'/4NE1/4 of Section 18,
T20N, R1 12W, Lincoln County, Wyoming.
Witness my hand and Official Seal:
Karen S. Wenz - Notary Public
County of ;;a t State of
Sublette Wyoming
My commission Expires 1/2/2012
My Commission Expires: a0 -a -
otary Public
FLYING W LAND AND LIVESTOCK
we~~~~..J~V Y
STATE OF
COUNTY OF, _
The foregoing instrument was acknow
Of , 2008 by
of a port' n of
T20N, RI 12W, Lincoln County yoming
Witness my hand and Offic' Seal:
My Commission
STATE OF
COUNTY OF )
On 20
wh
(Mv
acknowledged that he executed th
contained.
me this day
as the
as the SE'/4NE'/4 of Section 18,
Notary Public
:ss.
08, the foregoing instrument was cknowled ed before me by
/~2-~
o acknowledged himself to be an Atidrney-In-Fact and
e same as the act of his principal for the purposes therein
Witness my hand and official seal.
h t --n n
Notary P State of Colorado
MY commission expiros
SS.
Notary Public
My commission expires:
16404-A
PIPELINE
LEGAL DESCRIPTION
OF
A PIPELINE RIGHT-OF-WAY
ACROSS
FLYING W LAND AND LIVESTOCK
FOR
MOUNTAIN GAS RESOURCES, INC.
JUNE 2, 2008
A STRIP OF LAND, 50.00 FEET IN WIDTH FOR A PIPELINE RIGHT-OF-WAY, ALL SITUATED WITHIN
SECTION 18, TOWNSHIP 20 NORTH, RANGE 112 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 NORTHEAST CORNER OF SECTION 18, TOWNSHIP 20 NORTH, RANGE 112
WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEING A BRASS CAP
MONUMENT, THENCE SOUTH 18°01'06" WEST, 2322.80 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 45°34'53" WEST, 84.16 FEET;
THENCE NORTH 02°37'52" EAST, 227.76 FEET;
THENCE NORTH 04°36'36" WEST, 191.17 FEET;
THENCE NORTH 16°45'28" WEST, 140.62 FEET;
THENCE NORTH 25°05'51" WEST, 223.50 FEET;
THENCE SOUTH 72°49'59" WEST, 50.78 FEET;
THENCE SOUTH 41018'44" WEST, 129.79 FEET;
THENCE SOUTH 84°58'36" WEST, 34.35 FEET, TO THE POINT OF TERMINUS, SOUTH 43°58'59"
EAST, 2233.25 FEET FROM NORTH QUARTER CORNER OF SECTION 18, TOWNSHIP 20 NORTH,
RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEINGA BRASS
CAP MONUMENT.
THE TOTAL LENGTH OF A PIPELINE RIGHT-OF-WAY ACROSS FLYING W LAND AND LIVESTOCK
LANDS AS DESCRIBED ABOVE IS 1082.13 FEET OR 65.58 RODS, CONTAINING 1.242 ACRES, MORE
OR LESS.
REFERENCE DRAWING No. 16404 (EXHIBIT A)