HomeMy WebLinkAbout952660EASEMENT AGREEMENT
WESTERN WYOMING RANGE LIMITED PARTNERSHIP, (WWRLP), a Wyoming limited
partnership, an 80.43478% owner, whose mailing address is P.O. Box 336, Lyman, WY
82937 and BROADBENT LAND AND RESOURCES, LLC, a Utah limited liability company,
an undivided 19.56522% owner, whose mailing address is P.O. Box 734, Evanston, WY
82931, as tenants in common, GRANTOR, do hereby grant to Questar Overthurst Pipeline
Company, a Utah Corporation, whose mailing address is 180 East 100 South, Salt Lake
City, UT 84111, GRANTEE, its successors and assigns, for the sum of eight thousand nine
dollars ($8,009.00), and other good and valuable consideration, receipt of which is
hereby acknowledged, an easement thirty (30) feet in width to lay, construct, maintain,
operate, repair, protect, remove and replace one (1) twenty inch (20 outside diameter
natural gas pipeline, including valves and ancillary facilities through and under the lands
situated in the County of Lincoln, State of Wyoming, described in Exhibit "PR- 01 -A
attached hereto and made a part hereof; approximately 70.09 rods. During the
temporary period of initially laying the pipeline, Grantee may use an additional width
of forty (40') feet or a total width of seventy (70') feet including the easement herein
described on Exhibit "PR- 01 -A
All of the disturbed areas shall be subject to the reclamation program as described
on pages 3 and 4 of this agreement.
RESERVING, however, to Grantor, its successors and assigns, the right to the use
of the said premises for any purpose including but not limited to, construction and
maintenance of roads, highways, pipelines and telephone, telegraph and other electric
power poles and wire lines, over, under and across (but in such a way as will not
unreasonably interfere with) said pipeline of Grantee on the premises described in
Exhibit "PR -01 it being understood that the right so reserved by Grantor, its successors
and assigns, is retained along with the general right of Grantor, its successors and
assigns, to the use of said premises for any purposes.
Regardless of the preceding paragraph, Grantor shalt not build, nor permit to be
built, any permanent building or other permanent structure requiring a foundation,
closer than fifteen (15') feet on either side of the centerline of the pipeline. If, in the
future, Grantor desires to develop its land and any taw, ordinance, rule or regulation of
any federal, state or local government agency shall require further setback than fifteen
(15') feet, Grantee shall pay, as additional compensation, an amount equal to the fair
market value for the interest in the lands which could otherwise be developed.
This easement is made subject to all outstanding leases and other outstanding
rights, including, but not limited to, those for highways and other roadways and right -of-
ways 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,
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00 363
RECEIVED 3/25/2010 at 10:36 AM
RECEIVING 952660
BOOK: 744 PAGE: 363
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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encumbrances, reservations or interests of any person which may affect the said land,
whether recorded or unrecorded.
The grant of the easement herein made is subject to all rights of the owners of
the mineral estate and 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
installations made or to be made by Grantee upon the lands herein granted in easement
or for any other damage whatsoever occasioned by subsidence of the surface of said
lands as a result of mining underneath the same or resulting in any other way from the
removal of coal or any other minerals in or underlying the lands described in Exhibit "PR-
01
Grantee, for itself, its successors or assigns, by the acceptance of this easement,
agrees to indemnify and hold harmless Grantor, its officers, agents, employees,
successors or assigns, against and from any and all liability, toss, damage, claims,
demands, actions, cause of action, costs and expenses of whatsoever nature, including
Court costs and attorneys fees, which may result from property damage and personal
injury to or death of persons whomsoever, including the pipeline of Grantee, when such
personal injury, death, loss, destruction, or damage, howsoever caused, grows out of or
arises in any way because of, the existence of said pipeline or the construction,
operation, maintenance, repair, renewal, reconstruction, removal or use of said pipeline
or any part thereof or to the contents therein and therefrom, provided, however that
said loss, damage, or injury does not arise out of or result from the negligence of the
Grantor, its officers, agents, employees, successors or assigns.
Grantee shall surrender and terminate this easement if construction of this
pipeline has not begun within one (1) year from the date of this easement agreement.
It is expressly made a condition of this easement that if Grantee, its successors
or assigns, shall elect to abandon the premises of Grantor in the locations described in
Exhibit "PR- 01 -A or any portion of said premises for the stated purposes of this
easement, then and in that event, all the rights herein granted shall cease and terminate
with respect to the premises so abandoned, and the title to said premises shall be freed
from the burden of said easement.
In the event that gas does not move in the pipeline for a period of two years then
Grantee shall notify Grantor and either:
1. Notify Grantor that the facilities will be abandoned along with a schedule
for timely abandonment, or;
2. Notify Grantor that the line will not be abandoned and pay grantor four
dollars ($4.00) per rod for the length of the easement for all subsequent years in which
gas does not flow in the pipeline. Such payment will be due January 31S of the year
0009365
following the year of zero flow. Accordingly, no money would be due under this
provision until three years of no flow have occurred. After the fourth year of no flow,
the fee shall be adjusted annually 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 January 31S of each year until this easement terminates as provided
herein.
If the surface facilities or any portion thereof are so abandoned, and Grantee fails
to commence good faith efforts to remove the surface facilities, excepting the pipeline,
so abandoned and restore the portion of the land described in Exhibit "PR -01 -A" to which
the abandoned facilities are appurtenant to its original condition within ninety (90) days
after receipt of written notice from Grantor to Grantee, Grantor may remove the
facilities for the account of Grantee, and Grantee shall reimburse the Grantor for all
reasonable expense incurred in the removal of the facilities within thirty (30) days from
receipt of the amount thereof.
All the terms, conditions and stipulations herein expressed with reference to said
pipeline on the lands described in Exhibit "PR -01 -A" shall, so far as the pipeline remains
on said land, apply to the pipeline as modified, changed, relocated, altered or encased
within the contemplation of the preceding paragraph.
The Grantee shall use such methods of weed control on the easement as are
reasonably necessary to control the growth of hatogeton and similar weeds until such
time as the re- seeding program produces a stand of native grasses on the easement.
Should Grantee fail to comply within ninety (90) days after receipt of written request
from Grantor to Grantee, with the weed control requirements of this paragraph, and
after written notice to Grantee, Grantor may provide for weed control on the area so
disturbed in accordance with this paragraph and Grantee shall pay to Grantor within
thirty (30) days from receipt thereof, all reasonable costs associated therewith.
Grantee agrees that all of the surface area of the easement disturbed in the
exercise of the rights granted hereunder shall be reseeded at the rate of 16 lbs /acre
when drilled and 32 tbs /acre when broadcast with the following mixture:
lbs. /acre PLS
3 lbs. /acre
3 lbs. /acre
3 lbs. /acre
2 lbs. /acre
2 lbs. /acre
1 lb. /acre
1 lb. /acre
Common Name
Western wheatgrass
Indian ricegrass
Thickspike wheatgrass
Slender wheatgrass
Fourwing saltbush
Gardners saltbush
Trident saltbush
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Scientific Name
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Agropyron trachycaulum
Atriplex canescens
Atriplex gardnerii
Atriplex tridentate
1 lb. /acre Winterfat Eurotia Janata
Grantee agrees to seed the easement as many times as required to obtain a
successful stand of the above species throughout the entire easement. Only seed
certified to be ninety -five percent (95 pure and with a germination percentage of
eighty -five percent (85 will be used. Grantee will furnish the certification to the
Grantor prior to the seeding operation. Should Grantee fail to comply with the reseeding
requirements of this paragraph, within ninety (90) days after receipt of written request
from Grantor to Grantee, Grantor may reseed the area so disturbed in accordance with
this paragraph and Grantee shall pay to Grantor, within 30 days from receipt thereof,
all costs associated therewith.
In addition to the above, Grantee shall locate and flag the vegetative transects
established by WWRLP, in order to prevent disturbance of these permanent transects and
shall pay to WWRLP, on termination hereof, the actual charges and expenses WWRLP
incurs in hiring a consultant to monitor Grantee's work in or near any vegetative transect
area previously established by WWRLP on the lands subject to this easement agreement.
Grantee shalt comply with all federal, state, and local laws, rules and regulations
concerning the design, construction, operation, maintenance, safety and environmental
considerations as they deal with or affect the pipeline of the type and nature intended
to be place in the easement herein granted.
IN WITNESS WHEREOF, the parties have executed this document this f, day
of Feb trip 2010.
ATTEST
Secretary
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
By:
e President
006366
BY: WESTERN WYOMING OPERATING, INC.,
Its General Partner
4
My Commission Expires:
SUSAN TOOMER NOTARY PUBLIC
COUNTY OF
UINTA
BROAD: ►T LAND AND RESOURCES, LLC
QUESTAR OVERTHRUST PIPELINE COMPANY
MY COMMISSION EXPIRES JULY 20, 2012
0367
By9 \i
Ronald Jorgensen, General Manager
Engineering Project Manage ent
STATE OF WYOMING
)ss.
COUNTY OF UINTA
On this e 4 'day of 2010, before me personally appeared
D. Jud Redden and Carl Larson, to me personally known, who being by me duly sworn,
did say that they are the Vice President and Secretary, of the Western Wyoming
Operating, Inc., general partner, and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was signed and seated on
behalf of said corporation by authority of its Board of Directors and said D. Jud Redden
and Carl Larson acknowledged said instrument to be the free act and deed of said
corporation.
5
STATE OF
WYOMING
Notary Public
STATE OF (4 V0 A/6-
)ss.
COUNTY OF IAI ArrA-
The f regoi n
L
c'C) u l•��
My,rr'omrflt iron Expires: 1,27-,7 p 13
STATE OF (&,,4
COUNTY OF WI- La-k
My Commission Expires:
instrument was acknowledged before me by ,.IQSQ k5
Manager of Broadbent Land and Resources, LLC, this /Z
2010.
)ss.
F: \Western Wyoming Range \Questar Overthrust Pipeline Easement 02- 23- 10.wpd
0 1 614
NOTARY PUBLIC
The foregoing instrument was acknowledged before me by lira a 5o ex\
her-lot Po 14, of Questar Overthrust P'peline
Company this `1 da of kxr. 4 2010.
P Y
6
Notary Public
DEANNA BRUNETTE
Notary Public State of Utah
My Commission Expires on:
April 22, 2013
Comm. Numbers 570294
00a368
Iv
FOUND SAND STONE
23 24 SCRIBE
N89'28'S1 „E WITH '49 "E
1078.67 2656.50' (M) 2628.27' (M)
26 25 (TIE)
FOUND STONE
WITH NOTCHES
26 25
35 36
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PRINTED 2/9 /2010 FOR
oA1c
PREUMINARY
0 DESIGN DEVELOPMENT
0 BIDDING
0 CONSTRUCTION
X APPROVAL
0 AS BUILT
0 REVISION
N 32'45'46" E 63.30'
S 5714'14" E 8.25'
N 32'45'46" E 12.84'
A
No
REMSEO NGlrt -OF -WAY M01H
S 4755'23" W 975.96' (TIE)
P.O.B.
SEE'DETAIL
JL -90 INTERCONNECT SITE
N 5714'14" W 1072.05'
OWNERSHIP
WESTERN WYOMING RANGE
L E G A L D E S C R I P T I O N
A STRIP OF LANG 30.00 FEET IN WIDTH, SITUATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION
25, TOWNSHIP 20 NORTH, RANGE 115 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING: BEING 15.00 FEET
LEFT AND 15.00 RIGHT OF THE DESCRIBED CENTERLINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 25, T 20 N, R 115 W, 6TH P.M., A FOUND SAND STONE
WITH SCRIBE; THENCE SOUTH 47' 55' 23" WEST A DISTANCE OF 975.96 FEET TO THE CENTERLINE OF A 30.00 FOOT
EASEMENT FOR THE TL-90 EXTENSION PIPELINE, SAID POINT ALSO UES ON AN EXISTING TEE IN THE JL -90
INTERCONNECT SITE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SAID CENTERUNE THE
FOLLOWING (4) FOUR COURSES:
1. NORTH 32' 45' 46" EAST A DISTANCE OF 12.84 FEET,
2. SOUTH 57' 14' 14" EAST A DISTANCE OF 8.25 FEET,
3. NORTH 32' 45' 46" EAST A DISTANCE OF 63.30 FEET.
4. NORTH 57' 14' 14" WEST A DISTANCE OF 1072.05 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE, LYING
ON THE NORTH LINE OF THE NORTHWEST QUARTER R SECTION 25, SAID POINT LIES NORTH 89' 28' 51" EAST ALONG
THE NORTH LINE OF THE SAID NORTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 1078.67 FEET FROM THE
NORTHWEST CORNER OF SECTION 25, T 20 N, R 115 W, 6TH P.M. A FOUND STONE WITH NOTCHES.
THE TOTAL LENGTH OF A GAS PIPELINE RIGHT —OF —WAY ACROSS THE WESTERN WYOMING RANGE LAND, AS
DESCRIBED ABOVE IS 1156.44 FEET OR 70.09 RODS OR 0.22 MILES IN LENGTH AND CONTAINS 34,693 SO FT OR
0.80 ACRES MORE OR LESS.
C E R T I F I C A T E O F SURVEYOR
STATE OF WYOMING
COUNTY OF UINTA
I, DALE E. PETERSON OF EVANSTON, WYOMING HEREBY CERTIFY THAT THIS PLAT OF THE EASEMENT FOR THE TL -90
EXTENSION BY KURT OR BAN IN AUGUST, FROM
AND NOTES TAKEN THE CT LO A CATION OF E�PROPOSEDOCENTERLINE E O FON
THE PIPELINE.
OE
25
DETAIL
000369
24 19
25 30
FOUND 1944 3.5"
GLO BRASS CAP
25 30
0
0
0
E0
0
0
O
0
G-1
0
36 31
SECTION 25
TOWNSHIP 20 NORTH
RANGE 115 WEST
LINCOLN COUNTY
S U R V E Y O R S N A R R A T I V E
THE PURPOSE OF NEW GAS PIPELNE TL 90 EXTENSION PROJECT, LOCATED PERMANENT
IN EASEMENT FOR THE
WYOMING.CONSTRUCTIR OF A
>mc TL -90 EXTENSION PIPELINE
PIPELINE EASEMENT FOR WESTERN WYOMING RANGE
SURVEY PLAT
E
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