HomeMy WebLinkAbout952665EASEMENT AGREEMENT
e'06 411
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 84158 -0627, as tenants in common (collectively referred to herein as "GRANTOR
do hereby grant to PacifiCorp, d /b /a Rocky Mountain Power, an Oregon Corporation,
whose mailing address is, Rocky Mountain Power, Attn: Right of Way Department, 1407
West North Temple, Suite 110, Salt Lake City, Utah 84116, "GRANTEE its successors
and assigns, for the sum of ten dollars ($10.00), and other good and valuable
consideration, receipt of which is hereby acknowledged, an easement one hundred (100)
feet in width to erect, operate, maintain, repair, remove and replace an above ground
230 kV electric transmission line which will consist of approximately 15 sets of double
poles spaced 300' feet apart, along with guy anchors, attendant electric transmission
line, stubs, cross arms, and braces, through and over the land situate in Lincoln County,
State of Wyoming, described in Exhibit "A attached hereto and made a part hereof,
consisting of approximately 4241.17 feet or 257.04 rods, and as described in Exhibit "A-
1", attached hereto and made a part hereof, consisting of approximately 1.837 acres.
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, electric transmission lines 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 electric transmission line of
Grantee on the premises described in Exhibit "A" and "A -1 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, but in such a way as will not interfere with the rights granted herein.
Regardless of the preceding paragraph, Grantor shall not build, nor permit to be
built, any permanent building or other permanent structure requiring a foundation,
closer than fifty (50') feet on either side of the centerline of the electric transmission
line.
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
1 RECEIVED 3/25/2010 at 10:42 AM
RECEIVING 952665
BOOK: 744 PAGE: 411
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
may affect the said land, whether recorded or unrecorded. "Ou412
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
Court costs and attorney's fees, which may result from property damage and personal
injury to or death of persons whomsoever, including the electric transmission line 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 electric
transmission tine or the construction, operation, maintenance, repair, renewal,
reconstruction, removal or use of said electric transmission line 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 electric transmission line has been completed,
electricity is not carried through the line for a period of two consecutive years then
Grantee shalt 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.
2
00 413
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
halogeton 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 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 to construct the power line or for major
modification to the power line 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 sattbush
Gardners sattbush
Trident sattbush
Winterfat
3
Scientific Name
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Agropyron trachycautum
Atriplex canescens
Atriplex gardnerii
Atriplex tridentate
Eurotia lanata
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 shall 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 long as there is no frost on the ground. Seed shall not be
broadcast when weather is windy or unsuitable for the work.
4
000414
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 -fiye. 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 par.:agraph; 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 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 fail 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 shalt not permit any mechanic's liens to be filed against the premises
described on the Exhibits "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
Grantor:
Western Wyoming Range Limited Partnership
P.O. Box 336
Lyman, WY 82937
Broadbent Land and Resourdes LLC
P.O. Box 58627
Salt Lake City, UT 84158
5
000415
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
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. Alt 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:
ATTEST:
Grantee:
Rocky Mountain Power
Attn: Right of Way Department
1407 West North Temple, Suite 110
Salt Lake City, UT 84116
Secretary
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
000416
With a copy to:
Rocky Mountain Power
Attn: Legal Department
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
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 02,5 day of
2010.
BY: WESTERN WYOMING OPERATING, INC.,
Its General Partner
6
STATE OF WYOMING)
COUNTY OF UINTA
)ss.
On this day of F4ru.a a-Cj 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 Carl Larson acknowledged said instrument to be the free act and deed of said
corporation.
SUSAN TOOMER NOTARY PUBLIC
COUNTY OF
UINTA
'ACIFICORP d /b /a ROCKY MOUNTAIN POWER
By'
STATE OF
WYOMING
MY COMMISSION EXPIRES JULY 20, 2012
My Commission ExpirescA.0 1�
T LAND AND RESOURCES, LLC
7
re of Notarial Officer
Notary Public
Title
p a 41.7
STATE OF 1N101440 6"
)ss.
COUNTY OF, fl4-
The foregoing instrument was acknowledged before me by Joseph S. Broadbent,
Manager of Broadbent Land and Resources, LLC, his if 51- day of $1 C H
rpns ion Expires: -2-7 13
STATE OF (.4T 64tt
)ss.
COUNTY O6 t:
The foregoing instrument was acknowledged before me byfi4r
Pao.te, Ott of PacifiCorp d /b /a Rocky Mountain
Power, this 1 55 day of 2010.
.�...w
Notary Pubttc 1
r KIM M. GARRICK
1
Commission #518122 1
i commis s on Ewes March 25, 2013
1 State of Utah
Ito
MYI� M �r �A "IUO
My Commission Expires: VZSII3
F: \Western Wyoming Range \PacifiCorp dba Rocky Mountain Power Line Easement Agreement 2- 19- 10.doc
8
ignature of Notarial Officer
Signa
Notary Public
Title
e of Notarial Officer
Notary Public
Title
000418
EXHIBIT "A"
0 00 4 19
Oct 01, 2009 2:14PM
SCALE I' 1000'
500' 1000'
IMOD
FOUND
CORN
e FOUND
QU
FOUND
CORNER
CORNER
o EASEMENT P.1.
SET REBAR WITH
ALUMINUM CAP
BC BRASS CAP
AC ALUMINUM CAP
P09 POINT OF BEGINNING
Dnle F. Peterson
PE /LS 579
FOUND STONE
11, 2
14 13
N22'38'27"W
/'1248.68' (TIE)
iT
0
S 12'02' 18 "E
3384.99'
S8'00' 10 "E
856.18'
12
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP AND
BROADBENT LAND RESOURCES, LLC
1 13 989'48'30'W
23 24 125": TIE)
FOUND STONE
WESTERN WYOMING RANGE LIMITED PARTNERSHIP
AND BROADBENT LAND RESOURCES. LLC
4241.17 FEET 257.04 RODS 14.605 ACRES
13
6
7
3 3
•r
cc cc
13 18
24 19
A 150.00 foot easement for an electrical transmission line located in the WI of Section 13, Township 20 North,
Ronge 115 West of the 6th Principal Meridian, Lincoln County, Wyoming, said easement being 75.00 feet on each
side of the following described centerline;
Beginning at a point in the NW4 of said Section 13, from which the Northwest Corner of Section 13, a found
stone, bears N22'38'27"W a distance of 1248.68 feet; thence S12'02'18 "E a distance of 3384.99 feet; thence
S8'00'10 "E a distance of 856.18 feet to o point the South line of said Section 13 and said centerline there
terminating, from which the Southwest corner of said Section 13, a found stone, bears N89'48'30"W a distance of
1256.00 feet.
CERTIFICATE OF SURVEYOR
1, 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 wos 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
thot the monuments found are as shown to be true and accurate to the best of my knowledge.
NOTES
t The accompanying plot does not constitute a boundary survey.
2. Easement centedine may not represent location of pipeline.
3. Client did not want rghte —of —way and easements shown.
4. Bosh of bearings Geodetic bearings as established by static
GPS observations and relative to NAG 83 (CORS 98), U1M Zone
calculated by NOS—OPUS.
5.) Project elevations relative to NAVD 88 (Geoid 03) oe determined
from the some NGS —OPUS colculatbn.
8.) Combined adjustment factor. 1.0008806578 (Grid to Ground).
7.) Calculated comer positions ore determined from record
Information as shown on evadable GLO/BLtt plats. Section Ones
are relative to the BUO GCDB or occupation Ones In areas
where PLSS corners were not found.
SURVEYED AN0 PREPARED BY
Cook— Sonders Associates Inc
331 South Rio Grande Ave.. Suite 120
Solt Lake City, Ut 84101
801- 364 -4051
Division: ROCKY MOUNTAIN
State: WYOMING
DR: SRH
Chic DEP
APpr
Date: 9/17/09
Date: 10/02/09
Date:
Op. Area: E11(0
Co. /Par.: UNCOLN
Section: 13 I Township 201 Range: 115W
Project ID: 135119
Scale AS 514OWN
Filename:
0300 —AU -1010.8
NO.
DATE
BY
DESCRIPTION
LAND PLAT
PACIFlCORP MBA ROCKY MOUNTAIN POWER
ELECTRICAL TRANSMISSION UNE
WESTERN WY(N1B!IG RANGE UIMED_PARTNERSHIP,
AND BR(.MDBE LAND RESOURCES, U.C.
PROJ. ID
Sheet: 1 of 1
Types ACAD
APPR.
REVISIONS
Rev.
0
tArtitsi i A-1
Sep 24,
SCALE: 1' 1000'
0 500' 1000'
EGENQ
et FOUND
SECTION
CORNER
FOUND
QUARTER
FOUND
f SIXTE ER TM
CALCULATED
CORNER
o EASEMENT P.I.
SET REBAR WRH
ALUMINUM CAP
BC BRASS CAP
AC ALUMINUM CAP
POB POINT OF BEGINNING
Dale F. Peterson
PE /LS 579
REF. DWG: UNE UST NO.: 1010.9
SURVEYED AND 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
Oft: SRH
Chic DEP
Appr.
Date: 9/17/09
Date:
Date:
N5'
400.06'
Section: 13 I Township 20N I Range: 115W
STONE
11. 12 12
14 13 S1755'58 "E
S84' 13 "E
400.03'
WESTERN WYOMING RANGE LIMITED PARTNERSHIP
1.837 ACRES
A parcel of land for an electrical easement located in the NA% 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 comer of said Section 13; thence S1T55'58 "E a distance of 980.95 feet to the POINT OF
BEGINNING of this parcel description: thence from said POINT OF BEGINNING 584'13'43 "E a distance of 400.03 feet;
thence S50'46'51"W a distance of 565.86 feet; thence N5'47'44 "E a distance of 400.06 feet to the point of
beginning of this parcel description, containing 1.837 acres, more or less, and subject to all easements,
rights —of —way and restrictions of record.
CERTIFICATE OF SUR VE YOR
I. Dale 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 map was prepared from field notes taken during an actual survey made by me or
under my direct supervision and that this map correctly shows the results of said survey and that the monuments
found are as shown.
Op. Area: ELKO
Co. /Par.: UNCOLN
980.95' (RE)
Project ID: 135119
Scale: AS SHOWN
Filename:
0300 —AU- 1010.9
NO.
S50'46'51"W
565.86'
DATE
BY
LAND PLAT
RUBY PIPELINE —LN 300A
ELECTRICAL EASEMENT
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
DESCRIP11ON
300AU- 1010.9
13
mr)
ce
13
24
PROJ. ID
18
19
NOTES:
1. The accompanying plat does not constitute a boundary survey.
2. Easement centerline may not represent location of pipeline.
3. Client did not want rights —of —way and easements shown.
4. Basis of bearings Geodetic bearings as established by static
GPS observations and relative to NAD 83 (CORS 96), UDA Zone
12 North, calculated by NGS —OPUS.
5.) Project elevations relative to NAVD 88 (Geoid 03) as determined
from the same NGS —OPUS calculation.
8.) Combined adjustment factor. 1.0006806578 (Grid to Ground).
7.) Calculated corner positions are determined from record
Information as shown on available GLO/BLM plats. Section line
are relative to the Bill GCOB or occupation lines In areas
where PLSS corners were not found.
Sheet 1 of 1
Type: ACRD
APPR.
REVISIONS
RUBY PIPELINE LLC
Rev.
0
6
7 It O CP '420