HomeMy WebLinkAbout952664EASEMENT AGREEMENT
006402
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 58627, Salt Lake City,
UT 84518 -0627, as tenants in common, collectively referred to as "GRANTOR" do hereby
grant to PACIFICORP, D /B /A ROCKY MOUNTAIN POWER, an Oregon Corporation, whose
mailing address is, Rocky Mountain Power, Attn: Transaction Services, 1407 West North
Temple, Suite 110, Salt Lake City, Utah 84116, its successors and assigns "GRANTEE for
the sum of ten dollars ($10.00), and other good and valuable consideration, receipt of
which is hereby acknowledged, an easement as hereinafter described to construct,
install, erect, operate, maintain, repair, remove and replace an electrical
transmission /distribution substation and associated facilities on the W.1/2 N.W.1/4,
Section 13, T.20N., R.115W., 6 P.M., in Lincoln County, State of Wyoming, described in
Exhibit "A attached hereto and made a part hereof, consisting of approximately 2.506
acres.
All of the disturbed areas shall be subject to the reclamation program as described
on pages 3 and 4 of this agreement.
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, electric transmission lines, 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 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 "A
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, loss, damage, claims,
demands, actions, cause of action, costs and expenses of whatsoever nature, including
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RECEIVED 3/25/2010 at 10:42 AM
RECEIVING 952664
BOOK: 744 PAGE: 402
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
O 443
Court costs and attorney's fees, which may result from property damage and personal
injury to or death of persons whomsoever, including the facilities of Grantee, when such
personal injury, death, toss, destruction, or damage, howsoever caused, grows out of or
arises in any way because of, the existence of said facilities or the construction,
operation, maintenance, repair, renewal, reconstruction, removal or use of said
facilities or any part thereof 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.
In the event that after the substation has been completed, electricity is not
distributed through the facility for a period of two consecutive years, then Grantee shall:
Notify the Grantor the facilities will be abandoned along with a schedule for
removal and reclamation.
If the facilities or any portion thereof are so abandoned, Grantee fails to
commence good faith efforts to remove the facilities so abandoned and restore the
portion of the land described in Exhibit "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, weather permitting, Grantor may remove the facilities
and commence the reclamation program for the account of Grantee, and Grantee shall
reimburse the Grantor for all reasonable expense incurred in the removal of the facilities
and reclamation within thirty (30) days from receipt of the amount thereof.
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 "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.
The Grantee shall use such methods of weed control on the easement and any
areas disturbed hereunder as are reasonably necessary to control the growth of
hatogeton and similar weeds until such time as the reseeding 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 shalt pay to Grantor within thirty (30) days from receipt thereof, all reasonable
costs associated therewith.
2
O€w)444
Grantee agrees that all of the surface area of the easement disturbed in the
exercise of the rights granted hereunder to construct Grantee's facilities or for major
modification to those facilities shall be reseeded at the rate of 16 lbs /acre when drilled
and 32 lbs /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
1 lb. /acre
Common Name
Western wheatgrass
Indian ricegrass
Thickspike wheatgrass
Slender wheatgrass
Fourwing saltbush
Gardners saltbush
Trident saltbush
Winterfat
Scientific Name
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Agropyron trachycaulum
Atriplex canescens
Atriplex gardnerii
Atriplex tridentate
Eurotia Janata
In order to ensure the best conditions for seed germination, seeding and mulching
of the disturbed area will be conducted as follows:
a. The topsoil shalt be uniformly spread on the disturbed areas;
b. Before seeding, the entire seed bed shall be scarified or disc harrowed
leaving definite furrows to a depth of approximately 6" and left in an
uncompacted workable condition for seeding.
c. The seed shall be applied by drilling or broadcasting as described above,
followed by the mulching operation using straw or hay, at the rate of 1 1 /2
tons /acre.
d. After spreading dry mulch, it shalt be anchored in the soil with a smooth or
serrated coulter disc harrow, manufactured expressly for crimping mulch.
e. The time of seeding should normally be before June 15 and /or after
September 1, so tong as there is no frost on the ground. Seed shall not be
broadcast when weather is windy or unsuitable for the work.
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
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00 405
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 on or adjacent to this easement
agreement that are disturbed or damaged by Grantee.
Grantee shall give Grantor prior written notice of any archaeological, biological
and /or historical surveys which Grantee or its agents, servants, employees, contractors
or subcontractors complete and /or perform on the premises identified on Exhibit "A" and
adjacent areas and shall provide any results obtained in such surveys to the 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.
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 fait for a period of two
consecutive years to use this easement for the purpose described, then this agreement
shall terminate and Grantee and its successors in interest or assigns shall have no further
rights hereunder.
Grantee shall not permit any mechanic's liens to be filed against the premises
described on Exhibit "A" attached hereto as a result of Grantee's use thereof and if any
such mechanic's liens are so filed, Grantee shall promptly cause the removal thereof. If
Grantee wishes to contest any such lien, Grantee shall, within thirty (30) days after it
receives notice of the lien, provide a bond or other security as Grantor may reasonably
request, or remove such lien from the premises pursuant to applicable law.
Grantee shall comply with all applicable 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 electric transmission line of
the type and nature intended to be placed in the easement herein granted.
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
4
Broadbent Land Resource, LLC
P.O. Box 58627
Salt Lake City, UT 84158
5
OO )4OG
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.
The following provisions are also integral parts of this agreement:
a. This agreement may not be modified except by an instrument in writing
signed by the parties hereto.
b. This agreement shall be interpreted, construed and enforced according to
the laws of the State of Wyoming.
c. 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 entitle to recover any reasonable attorney's
fees, together with court and collection costs.
d. 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:
Grantor:
Western Wyoming Range Limited Partnership
P.O. Box 336
Lyman, WY 82937
Grantee:
PacifiCorp d /b /a Rocky Mountain Power
Attn: Transaction Services
1407 West North Temple, Suite 110
Salt Lake City, UT 84116
With a copy to:
Rocky Mountain Power
Attn: Legal Department
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
0004 X17
Either party shall have the right to specify in writing, another address to which
subsequent notices or writings to such party shall be given. Any notice given hereunder
shall be deemed to have been given as of the date mailed.
IN WITNESS WHEREOF, the parties have executed this document this c25 day of
2010.
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
BY: WESTERN WYOMING OPERATING, INC.,
Its General Partner
B
ee President
6
STATE OF WYOMING)
COUNTY OF UINTA
)ss.
SUSAN TOOMER NOTARY PUBLIC
COUNTY OF
UINTA
STATE OF
WYOMING
MY GOMMISSION EXPIRES JULY 20, 2012
My Commission Expires: 4CIA4-.-0
PACIFICORP d /b /a ROCKY MOUNTAIN POWER
an Oregon Corporation
By: j.
On this S day of ort(Cu ti 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 sealed on
behalf of said corporation by authority of its Board of Directors and said D. Jud Redden
and Cart Larson acknowledged said instrument to be the free act and deed of said
corporation.
ND AND RESOURCES, LLC
7
Signat e of Notarial Officer
Notary Public
Title
"00408
STATE OF (,JYOt rN'(,
)ss.
COUNTY OF ij t tM
The foregoing instrument was acknowledged before me by Joseph S. Brodbent,
Manager of Broadbent Land and Resources, LLC, this 51- day of r 2 c/
2010.
Commis`si'on Expires: /-2 7,1013
STATE OF (.lt-+
)ss.
COUNTY OFD 4 W
The foregoing instrument was acknowledged before me by t t 'f
agoimAtig.xa. Dt of PacifiCorp d /b /a Rocky Mountain
Power, this R. day of Mme€{ 2010.
w
Notary Public
ff
KIM p� R12 I
MY GOmmhSIon Ezp"res 1
s �;rcn as.zots
State of Utah J
My Commission Expires: f t3
8
Signature of Notarial Officer
Notary Public
Title
00 0409
Notary Public
Title
F: \Western Wyoming Range \PacifiCorp dba Rocky Mountain Power Substation Easement Agreement 2- 19- 10.doc
EXHIBIT "A"
Oct 01, 2009 2.15P11
SGVE: 1' 1000'
0 500' 1000'
LEGEND
FOUND co
SECTION
CORNER N
CI FOUND
QUARTER Z
SIXTEENTH I
CORNER
CALCULATED
CORNER
0 EASEMENT P.I.
SET REBAR WITH
ALUMINUM CAP
BC BRASS CAP
AC ALUMINUM CAP
P08 POINT OF BEGINNING
note F. Peterson
PE /LS 579
N0'32'18"W P08
402.52'
FOUND STONE
11 2
co
co
0
R•)
N
1 A 13
23 24
FOUND STONE
WESTERN WYOMING RANGE LIMITED PARTNERSHIP
AND BROADBENT LAND RESOURCES. LLC
2.506 ACRES
A parcel of land for electrical substation located in the NM of Section 13, Township 20 North, Range 115 West of
the 6th Principal Meridian. Lincoln County, Wyoming, said parcel of land being more particularly described as follows:
Commence at the NW corner of said Section 13; thence S00'32'18'E along the west line of said Section 13 0
distance of 903.67 feet to the POINT OF BEGINNING of this parcel description; thence from said POINT OF
BEGINNING continue 5B4 13''43 "E a distance of 295.04 feet; thence SO5'47'441W a distance of 400.06 feet; thence
N84'13'59"W a distance of 250.63 feat; thence N0(732'18"W o distonce of 402.52 feet to the point of beginning of
this parcel description, containing 2.506 acres, more or less, and subject to all easements, rights —of —way and
restrictions of record.
CERTIFICATE OF SUR VEYOR
I, Dole E. Peterson, a PE/LS 579 in the State of Wyoming, do hereby state that, to the best of my knowledge,
information, and belief, this mop was prepored from field notes taken during an actual survey made by
Cook Sanders Associates or under my supervision and that this map correctly shows the results of said survey and
that the monuments found are as shown to be true and accurate to the best of my knowledge.
REF. DWG: UNE UST 110.: 1010.4
S8413'43 "E
295.04'
55'47'44 W
400.06'
N84'1 3'59"W
250.63'
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP AND
BROADBENT LAND RESOURCES, LLC
12
13
6
7
3 3
o:
13 18
24 19
NOTES:
1.) The accompanying plat does not constitute o boundary survey.
2 Easement centerline may not represent location of pipeline.
3. Client did not want ilO is -of-way and easements shown.
4 Basis of bearings Geodetic bearings as established by static
CPS observations and relative to NAD 83 (L'OR5 98), UTA zone
orth, calculated by NGS- OPUS.
5.) Project elevations relative to NAVD 88 (Geoid 03) as determined
from the some NGS -OPUS cda laton.
8.) Combined adjustment factor: 1.1008806578 (Grid to Ground).
7.) Calculated earner positions are determined from record
information as shown on available GL0/BLM plats. Section Knee
are relative to the BIM GC08 or occupation lines in areas
where PI-SS comers were not found.
SURVEYED MID PREPARED BY:
Cook Sanders Associates Inc
331 South Rio Grande Ave., Suite 120
Salt Lake City, Ut. 84101
801- 364 -4051
Division: ROCKY MOUNTAIN
State: WYOMING
Dft: SRH
ChM DEP
Appr.
Date: 9/14/09
Date: 10 /02/09
Dote:
Op. Area: EJJ(O
Co./Par.: uNCOLN
Section: 13 `Township 20N I Range: 115W
Project ID: 135119
Scale: AS SHOWN
Filename:
0300 -AU- 1010.4
N0.
DATE
BY
DESCRIPTION
LAND PLAT
PACIFICORP D.B.A. ROCKY MOUNTAIN POWER
ELECTRICAL SUBSTATION
WESTERN WYOMING RANGE LIMITED D �p PARTNERSHIP,
MD BROADBE 1 LAND RES, LA.C.
PROJ. ID
Sheet: 1 of 1
Type: ACRD
APPR.
REVISIONS
Rev.
O
t 03 4 10