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HomeMy WebLinkAbout952666WITNESSETH: T20N,R115W Section 11 Section 23 ROAD EASEMENT AND ACCESS AGREEMENT THIS AGREEMENT, made and entered into this ,25 day of 2010, by and between WESTERN WYOMING RANGE LIMITED PARTNERSHIP, an undivided 8'043478% owner, a Wyoming limited partnership, whose 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 as Grantor, and PacifiCorp, d /b /a Rocky Mountain Power, an Oregon corporation, whose address is Rocky Mountain Power, Attn: Transaction Services Department, 1407 West North Temple, Suite 110, Salt Lake City, Utah 84116, its successors and assigns, hereinafter called Grantee. Grantor and Grantee may be referred to herein individually as "Party" or collectively as "Parties." 1 Approximate rods: 342.24 194.34 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: 536.58 rods (approximate) 421 WHEREAS, Grantee needs access to its substation and electric transmission lines, which are located on lands owned by Grantor and on lands owned by others in Lincoln County, Wyoming, and such access includes the use of approximately 536.58 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 wilting to execute and enter into a road easement and access agreement with Lessee under the terms and conditions set forth below; 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 electrical transmission /distribution substation and associated facilities located in Lincoln County, Wyoming. Grantor has granted rights to other RECEIVED 3/25/2010 at 10:42 AM RECEIVING 952666 BOOK: 744 PAGE: 421 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000422 parties to use the Roads. Grantee shalt 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 shalt 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 used by Grantee under this Easement are abandoned by Grantee and all other users of such roads, all or any portion of the Roads shall, at the option of Grantor, be either left in their then existing condition or be rehabilitated jointly by all of the users of the roads based upon their prorate use of such roads 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 Under such circumstances, Grantee and the other users of the roads as described above shall jointly 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. 2 Scientific Name Agropyron smithii Oryzopsis hymenoides Agropyron dasystachyum Agropyron trachycaulum Atriptex gardeneri Atriptex canescens Atriplex tridentate Eurotia Janata IV. V. VI. VII. VIII. IX. 3 ^0 0423 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. Grantor reserves the right for itself and its employees, servants, partners, lessees and agents to use said roadway without making any payment to Grantee. 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. 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. 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. 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 one (1) year 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: °00424 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 attorneys 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: Grantor: Western Wyoming Range Limited Partnership P.O. Box 336 Lyman, WY 82937 4 Broadbent Land and Resources, LLC P.O. Box 58627 Salt Lake City, UT 84158 Grantee: Rocky Mountain Power Attn: Transaction Services Department 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 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 shalt 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. STATE OF WYOMING COUNTY OF UINTA )ss. WESTERN WYOMING RANGE LIMITED PARTNERSHIP By: WESTERN WYOMING OPERATING, INC., its General Partner X425 This instrument was acknowledged before me on day of 2010 by D. Jud Redden and Carl A. Larson as Vice President and Secretary of Western Wyoming 5 Operating, Inc., a Wyoming corporation. 1.:13,11 "It OMER NOTARY PUBLIC I;OUNTY STATE OF WYOMING OONli'MSION EXPIRES JULY 20, 2012 My Commission Expires: C:).\ STATE OF WYOMING )ss. COUNTY OF UINTA Signature of Notarial Officer Notary Public Title BROADBENT LAND AND RESOURCES, LLC, a Utah Limited Liability Company 1 5 This instrument was acknowledged before me on day of MAI CH 2010 by Joseph S. Broadbent, as Manager of Broadbent Land and Resources, LLC. My Commission Expires: f- 2 -212/3 6 ature of Notarial Officer ClOi..)426 STATE OF CA COUNTY OF 4` WITNESS my hand and official seal. r No tary Public ...1 KIM M. 6MUUCK I Oamins lon, 7�� I Commission March 25. 2013 State of Utah )ss. My Commission Expires: F: \Western Wyoming Range \PacifiCorp Road Easement Agreement 2- 19- 10.doc PacifiCorp, d /b /a Rocky Mountain Power By: ,�(o This instrument was acknowledged before me on I g day of 14,44 2010 by Ai-t as giAlo Ot f PacifiCorp d /b /a Rocky Mountain Power, an Oregon corporation. P .42..7 7 Signature f Notarial Officer Notary Public Title 010 Tower 1 2142 POWER LINE 2167 NLI 0 N LfttI 21.30 EXHIBI I A HAUL 1 I 2070 2732 207' T 20 N 2085 ;075 11 23 2053 .7.7a T 19 N EXHIBIT "A" PAGE 2 Oct 01. 2009 2:22PM SCALE: 1' 5011' 0 250' 500' IFS= SECTION CORNER sh FOUND CORNER FOUND SDREENTSI CALCULATED CORNER 0 EASEMENT P.L SET REBAR WITH ALUMINUM CAP BC BRASS CAP AC ALUMINUM CAP POB POINT OF BEGINNING Dale F. Peterson PE /LS 579 WESTERN WYOMING RANGE LIMITED PARTNERSHIP AND BROADBENT LAND RESOURCES, LLC SE 1/4 SEC 23 S81726'46'W 208.59' CL 30.00' Accees Easement N 15147306.07 E 1813194.70 POB N 15147308.07 E 1613401.28 WESTERN WYOMING RANGE LIMITED PARTNERSHIP AND BROADBENT LAND RESOURCES. LLC 206.59 FEET 12.52 RODS 0.142 ACRES REF. I7WC.4 LINE UST NO« 1010.13 NI mIy •r s m I W i 5 I 12 I I 1.1 b I 2 24 26 25 FOUND STONE re w x z A 30.00 foot access easement being 15.0 feet left and right of the described centerline for PacifiCorp D.B.A. Rocky Mountain Power, located in the SEY4 of Section 23, Township 20 North, Ronge 115 West of the 6th Principal Meridian, Lincoln County, Wyoming. said parcel of land being more particularly described as follows: Beginning of a point on the east line of said Section 23, at coordinates N 15147308.07, E 1813401.28 (grid), from which the Southeast Comer of said Section 23 bears S00'36'41 "E along said east line a distance of 2487.87 feet; thence S89'26'46"W a distance of 206.59 feet to a point at the centerline of the existing Wagon Wheel Rood, at coordinates N 15147306.07, E 1813194.70 (grid), from which the Southeast Corner of said Section 23 bears S05'21'28 "E o distance of 2496.64 feet; and said centerline there being the point of terminus. CERTIFICATE OF SURVEYOR I. Dale E. Peterson, o PE/LS 579 in the State of Wyoming, do hereby state that, to the best of my knowledge, information, and belief, this mop was prepared from field notes taken during an actual survey mode 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. NOTES 1. The accompanying plot does not constitute a boundary survey. 2. Easement centerline may not represent location of pipeline. 3. Client dld not wont rights—of—way and animas./ shown. 4. Basis of bearings Geodetic bearings os established by static GPS observations and relative to NAD 83 (CORS 96), U1M Zone 12 North. calculated by NGS —OPUS 5.) Project elevations relative to NAVD 88 (Geoid 03) as determined from the same NGS —OPUS edeulotlon. 6.) Combined ad) stment factor. 1.0006806578 (pfd to pound). 7.) Calculated comer positions are detennlned from record information as sheen en available CLO/BUI plots. Section limo are relative to the BUA CCDB or occupation lines in areas where PLSS comers were not found. SURVEYED AND PREPARED 6Y: Cook Sanders Associates Inc 331 South Rio Grande Ave., Suite 120 Solt Lake City, Ut. 84101 801- 364 -4051 Division: ROCKY MOUNTAIN state: WYOMING Section: 23 `Township 2014 I Range: 115W Dft: SRN Chic DEP App." Dote: 9/25/09 Date: 10/02/09 Dote: Op. Area: EUCO Co./Par.: LINCOLN Project ID: 135119 Scats AS SHOWN hdename: 0300 —AU- 1010.13 NO. DATE DESCRIPTION LAND PLAT PACIRCORP D.BA ROCKY MQUNATIN POWER ACCESS ROAD EASEMENT WESTERN WYOMRiG RANGE LIWiED PARTNERSHIP, AND BROADBENT LAND RESOURCES, LLC. PROJ. ID APPR. REVISIONS Sheet 1 of 1 Type: ACAD Rev. 0 O .S 2 V'