HomeMy WebLinkAbout952661WHEREAS the Board of Land Commissioners approved this grant of easement on August 10, 2006;
THEREFORE, the State of Wyoming; acting through its Board, of Land Commissioners (Grantor), for and in
consideration of the payment of Six thousand four hundred eighty and no /100 dollars ($6,480.00) hereby grants and
conveys to Questar Overthrust. Pipeline °Company. (Grantee), to use for the term of 35 years, in the following
described tract of land for natural gas pipeline only, more particularly described as follows:
All that portion of the W2SW4 of Section 34, of T.19N., R.112W., of the 6th P.M., Lincoln County,
Wyoming, lying between parallel .right of way lines 50 feet apart, 25 feet on each side of the centerline,
when measured at right angles as described on the attached'ekhibit. The described parcel of land contains
2.73 acres, more or less. 4,
See attached Exhibit A
These descriptions are based on a survey done by or under the authority of, Dale E. Peterson with Wyoming
PE &LS No. 579, certified February 2010.
TO HAVE AND TO HOLD this easement across the above described tracts of land for the purpose of locating,
constructing, using, maintaining, improving, and repairing the above described natural gas pipeline, subject to the
following conditions:
B
1. The rights granted herein shall forever be subject to the rights of the Grantor, its assigns or lessees to
explore for, develop, and extract any and all minerals or other subsurface resources beneath this easement.
If required for mineral exploration, development or extraction, the Grantee shall, upon written notice from
the Grantor, remove or relocate at its own expense the above described natural gas pipeline.
2. Upon abandonment or discontinuance of use of this easement for the purposes specified above, all of
Grantee's rights under this grant of easement shall revert to Grantor or its assigns, the same as if this grant
had never been made. Failure to report to Grantor the status of the use of this easement every ten years from
the date of this grant shall be evidence of intent by Grantee to abandon this easement. Should this easement
be abandoned by Grantee, the above described tract of land shall be returned to a condition satisfactory to
Grantor.
3. This easement may be transferred, however, no transfer may increase the burden on the servient estate in
any manner.
4. Any transfer of ownership of this easement, or any change of name or mailing address of the owner of this
easement, shall be reported to Grantor within thirty (30) days of the transfer or change.
The State of Wyoming and the Board of Land Commissioners do not waive their sovereign immunity by
entering into this agreement and specifically retain immunity and all defenses available to them as sovereigns
pursuant to Wyo. Stat. 1- 39- 104(a) and all other law.
IN TESTIMONY WHEREOF, the Board of Land Commissioners caused this instrument to be signed by its
President and countersigned by its Secretary, and its seal to be affixed on the 8th day of March, 2010.
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Governor, President
Board of Land Commissioners
Countersigned:
Attorney General's Office Approval as to Form:
ssistant Attorney General
STATE .J •YOMING
GRANT OF EASEMENT
Easement No. 7560
O 370
ire f. Secretary
Offi of State Lands Ines ents
RECEIVED 3/25/2010 at 10:36 AM
RECEIVING 952661
BOOK: 744 PAGE: 370
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Examined
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PHONE :(O' 444 -4051
PRINTED 2746/1'0
DATE
PRELIMINARY
DESIGN DEVELOPMENT
BIDDING
CONSTRUCTION
t4 APPROVAL
AS BUILT
REVISION
EASEMENT DETAIL,
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No.
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50'
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537.48 (TIE) i I
N 24'53'05" W 109.83'
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33 34
TOWNSHIP 19 NORTH LINCOLN COUNTY
TOWNSHIP 18 NOAH MITA
4
FOUND 1943 2.5"
GLO BRASS CAP
ADDED ACREAGE BREAKDOWN AND EASENENT 0001
State of Wyoming
Easement No. 7560
Exhibit A
2
OWNERSHIP
STATE OF WYOMING
FOUND 1944 2.5"
GLO BRASS CAP
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o
N 08'07'29" W o v
914.30' 0k
Ol
N 00'20'54" E i
268.77'
S89'50' 15 "E
2635.55' (M)
L E G A L D E S C R I P T I O N
A STRIP OF LAND 50.00 FEET SITUATED THE SOUTHWEST QUARTER
TOWNSHIP 19 NORTH, RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING; BEING 25.00 FEET
LEFT AND 25.00 RIGHT OF THE DESCRIBED CENTERLINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34, T 19 N, R 112 W, 6TH P.M., A FOUND 1943 GLO 2.5"
BRASS CAP, THENCE SOUTH 89' 50' 15" EAST ALONG THE SOUTH LINE OF HE SOUTHWEST QUARTER OF SAID
SECTION 4, A DISTACE PIPELINE, 3 SAID POINT H E RUE O OF BEGINNING; THENCE AOONGF H
HE SAID CENTERLINE HE FOLLOWING
(4) FOUR COURSES:
1. NORTH 00' 20' 54" EAST A DISTANCE OF 268.77 FEET,
2. NORTH 08' 07' 29" WEST A DISTANCE OF 914.30 FEET,
3. NORTH 39' 54' 25" WEST A DISTANCE OF 1083.09 FEET,
4. NORTH 24' 53' 05" WEST A DISTANCE OF 109.83 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE, SAID
POINT LIES SOUTH 00' 25' 10" WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, A
DISTANCE OF 537.48 FEET FROM THE WEST QUARTER CORNER OF SECTION 34, T 19 N, R 112 W, 6TH P.M. A FOUND
1944 GLO 2.5" BRASS CAP.
THE TOTAL LENGTH OF A GAS PIPELINE RIGHT -OF -WAY ACROSS THE STATE OF WYOMING LAND, AS DESCRIBED
ABOVE IS 2375.99 FEET OR 144.00 RODS OR 0.45 MILES IN LENGTH AND CONTAINS 118,800 SQ FT OR 2.73 ACRES
MORE OR LESS.
C E R T I F I C A T E O F S U R V E Y O R
STATE OF WYOMING
COUNTY OF UINTA
1 ME E. PETERSON OF EVANSTON, WYOMING HEREBY CERTIFY THAT THIS PLAT OF THE EASEMENT FOR THE
OVERTHRUST PIPELINE WAS MADE FROM NOTES TAKEN DURING AN ACTUAL FIELD SURVEY MADE UNDER MY DIRECTION
BY DAVID WOLTERS AND JAMES BORLA IN DECEMBER, 2005 AND IT CORRECTLY SHOWS THE LOCATION OF THE
PROPOSED CENTERLINE OF THE PIPELINE.
SURVEYORS N A R R A T I V E E
THE PURPOSE OF NEW GAS PIPELINE T FOR OVERTHRUST O PEL N PROJECT, LOCATED PERMANENT N EASEMENT WYOMING. ONSTRUCTION OF A
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FOUND 1989 2.5"
ALUM CAP PLS 5653
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SECTION 34
TOWNSHIP 19 NORTH
RANGE 112 WEST
6th PRINCIPAL MERIDIAN
LINCOLN COUNTY
ACREAGE BREAKDOWN
NW /SE 1.15ac.
SW /SE 1.58oc.
1'fRE
PIPELINE EASEMENT POE maw OF WYOMING
3rmm By: SRH le 1/06
:hi By: Oat, 1/06
Ra feGI 95-11-1!
0EP
S CALE rip
A
B
After Recording please return to:
Ruby Pipeline LLC
2 N Nevada Ave 5th Fir
Colorado Springs, CO 80903
WITNESSETH:
T 19 N, R 115 W
Section 5
Section 7
T 19 N, R 116 W
Section11
Section 15
Section 21
Section 33
T20N, R115W
Section 11
Section 23
Section 25
Section 27
Section 33
ROAD EASEMENT AND ACCESS AGREEMENT
Approximate rods:
327.27
21.21
348.48
242.42
354.55
115.15
342.24
181.82
115.15
109.09
363.64
HIS AGREEMENT; made arid entered into thi day of 2010, but
effective June 1, 2011; by and'betweeti WESTERN WYOMING RANGEUMITED Tr1ERSHIP, an
undivided 80.43478 owner, a'' Wyofitng'limited p'artnership;':xWhose:'addres$ is: QUO... 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 58627, Salt Lake
y
City, UT 84158 -0627, hereiiia'tci-=eaRed "GKaritdr ";;and Roy eimLNE;;LLC, a Delaware limited
liability company, whose address is P.O. Box 1087, Colorado Springs, Colorado 80944, hereinafter
called "Grantee Grantor and Grantee may be referred to herein individually as "Party" or
collectively as "Parties."
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:
Total: 2,521.02 rods (approximate)
CyOu.372
WHEREAS, Grantee needs access to its Ruby pipeline, which is located on lands owned by
Grantor and on lands owned by others in Lincoln County, Wyoming, and such access includes the
use of approximately 2,521.02 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;
1
RECEIVED 3/25/2010 at 10:36 AM
RECEIVING 952662
BOOK: 744 PAGE: 372
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000373
NOW THEREFORE, IT IS HEREBY understood and agreed by and between the parties as
follows:
That for and in consideration of ten dollars or other good and valuable consideration to be
made by Grantee to Grantor 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 access its Ruby pipeline located in Lincoln County,
Wyoming. Grantor has granted rights to other parties to use the Roads. Grantee shall bear its
pro -rata share of any reasonable costs associated with maintaining the Roads. The consideration
herein recited shall cover crop loss damages caused by Grantee's use of the Roads.
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:
(1) Grantee shall pay Grantor or their respective lessees for any livestock losses that
Grantee causes by use of the Roads.
(2) Grantee, based on its pro rata share of reasonable cost shall, protect the roadway
which is the subject of this easement from surface erosion and will control all noxious weeds and
poisonous plants within the roadway.
(3) 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 16 lbs. /acre when drilled and 32 lbs. /acre when broadcast with the following
mixture:
Lbs. Seed /Acre
3 lbs. /acre
3 lbs. /acre
3 lbs./acre
2 lbs. /acre
1 lb. /acre
2 lbs. /acre
1 lb. /acre
1 lb. /acre
Common Name
Western wheatgrass
Indian ricegrass
Thickspike wheatgrass
Slender wheatgrass
Gardeners saltbush
Fourwing saltbrush
Trident saltbush
Winterfat
2
Scientific Name
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Agropyron trachycaulum
Atriplex gardeneri
Atriplex canescens
Atriplex tridentate
Eurotia lanata
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 percentage 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, 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 the prior written consent of Grantor.
V.
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.
3
OO x7374
IX. 0375
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 two (2) years 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.
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. Both Parties agree that the amount of the consideration paid by Grantee to Grantor
under this Agreement is completely and strictly confidential. Each party may disclose the
amounts paid hereunder to regulatory agencies having jurisdiction over the scope of this
Agreement, tax consultants, professional financial counselors and legal counsel for the purpose of
securing tax related or financial advice or services, and such disclosure shall not constitute a
breach of this provision. All individuals to whom the amount of consideration paid under this
Agreement is disclosed are also bound by the terms of this provision and the same shall not be
disclosed except under a valid court order issued by a court of competent jurisdiction. Grantor
and Grantee further acknowledge that there are various claims regarding the fair market value of
the property interests subject to this Agreement. The execution of this Agreement is not to be
construed as an admission or establishment of the fair market value of such property interests in
this transaction or other transactions for which the consideration paid hereunder may be disclosed
pursuant to a valid court order.
f. 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:
4
Grantor:
Western Wyoming Range Limited Partnership
P.O. Box 336
Lyman, WY 82937
Broadbent Land and Resources, LLC
P.O. Box 58627
Salt Lake City, UT 84158
Grantee:
Ruby Pipeline, LLC
Attn: Land Department
P.O. Box 1087
Colorado Springs, CO 80944
Either Party shall have the right to specify in writing, another address to which subsequent
notices or writings to such party shalt 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 have been paid and this agreement is still in full force and effect.
WESTERN WYOMING RANGE LIMITED
PARTNERSHIP
By: WESTERN WYOMING OPERATING,
INC., its General Partner
By: D. eaap,,
5
00 376
STATE OF WYOMING
)ss.
COUNTY OF UINTA
This instrument was acknowledged before me on fq. day of rcilructi 2010
by D. Jud Redden and Carl A. Larson as Vice President and Secretary of Western Wyoming
Operating, Inc., a Wyoming corporation.
My Commission Expires
STATE OF WYOMING
COUNTY OF UINTA
0 17\ Ry
P r
SU:4\N TOOMER NOTARY PUBLIC
COUNTY OF STATE OF
UINTA WYOMING
MY COMMISSION EXPIRES JULY 20, 201
My Commission Expires: /-2 7- aot3
6
1. Ai: A
Signatu e of Notarial Officer
Notary Public
Title
BROADB D RESOURCES, LLC,
ty Company
adbent, Manager
This instrument was acknowledged before me on day of /10/12-C Ff
2010 by Joseph S. Broadbent, as Manager of Broadbent Land and Resources, L.L.C.
ignature of Notarial. Officer
Notary Public
Title
000377
STATE OF IN O(ado
COUNTY OF E(
WITNESS my hand and official seal.
Denise M. Toney
NOTARY PUBLIC
STATE OF COLORADO
My commission expires 10/17/2011
)ss.
My Commission Expires: lb 26\ 1
RUBY PIPELINE, LLC
By: CIG Pipeline Services Company, LLC
Acting as Construction Manager and Agent
This instrument w s acknowl dge bef re me on 1 day
C. ofl 9 jC
2010 by 01II, as U iC.. y of Ruby Pipeline, LLC, a Delaware
limited liability company:
F: \Western Wyoming Range \Ruby Pipeline Road Easement Agreement 2- 19- 10.doc
7
Signature Notarial Officer
Notary Public
Title
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