HomeMy WebLinkAbout953985STATE OF WYOMING
COUNTY OF LINCOLN
PIPELINE RIGHT -OF -WAY
Audit D02810
00 ‘::171.
KNOW ALL PERSONS BY THESE PRESENTS:
THIS Pipeline Right -of -Way Agreement (hereinafter called "Agreement is made this 6
day of a 2010, between ANADARKO LAND CORP., f /k /a UNION PACIFIC LAND
RESOURCES ORPORATION, a corporation of the State of Nebraska, whose address is P.O. Box
1330, Houston, Texas 77251 -1330, "Grantor and JONAH GAS GATHERING COMPANY, whose
address is 1100 Louisiana Street, Houston, Texas 77002, "Grantee
WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is
hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and
convey unto Grantee, and unto its successors and assigns, a nonexclusive easement for right -of-
way for the construction, operation, maintenance, repair, renewal and reconstruction of a single
(30 OD pipeline (hereinafter called "Pipeline with necessary appurtenances thereto (hereinafter
called "Facilities under the surface of the land situated in the County of Lincoln, State of
Wyoming, described in Exhibit "A" (hereinafter called "Premises attached and made a part hereof,
together with the right of ingress and egress to and from Premises for the purpose of exercising the
rights granted.
RESERVING, however, to Grantor, its successors and assigns, the right to construct at any
and all times and to maintain roads, highways, pipelines and telephone, telegraph and electric
power pole and wire lines, over, under and across, without cost, expense or compensation
whatsoever to Grantee but in such a way as not unreasonably to interfere with Pipeline or Facilities
of Grantee on the Premises; it being understood that the right so reserved to Grantor, its
successors and assigns, is retained along with the general right of Grantor, its successors and
assigns, to the use of the Premises for any purpose not inconsistent with the use by Grantee of said
easement for the purposes herein defined. The easement granted hereby is nonexclusive and
Grantor may grant such other easements and rights -of -way over and across the Premises as it may
elect, provided that any such other grant not unreasonably interfere with the rights granted to
Grantee by this Agreement. The easement granted hereby and described in Exhibit "A" is for a strip
of land Fifty feet (50') in width for a Pipeline being Twenty -Five feet (25') on either side of the
centerline of the Pipeline when constructed.
This Agreement is made subject to all outstanding leases and other outstanding rights,
including, but not limited to, those for highways and other roadways and rights of way 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, encumbrances, reservations or interests of
any person which may affect the Premises, whether recorded or unrecorded, and is made without
covenant of title or for quiet enjoyment.
The Agreement herein made is 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
Pipeline and /or Facilities made or to be made by Grantee upon the Premises or for any other
damage whatsoever occasioned by subsidence of the surface of the Premises as a result of mining
underneath the same or resulting in any other way from the removal of coal or other minerals in or
underlying the Premises.
All operations hereunder shall be conducted at the expense of Grantee and in compliance
with all Federal, State and County laws, rules, ordinances and regulations which are applicable to
the area of operations including but not limited to those pertaining to environment, fire, sanitation,
conservation, water pollution, and fish and game. All of Grantee's operations hereunder shall be
conducted in a prudent manner. IF, AS A RESULT OF GRANTEE'S OPERATIONS UPON OR
USE OF SAID PREMISES HEREUNDER, ANY STATUTE, LAW, ORDINANCE, RULE,
REGULATION OR REQUIREMENT IS VIOLATED, GRANTEE SHALL PROTECT, SAVE
HARMLESS, DEFEND AND INDEMNIFY GRANTOR AND ITS AFFILIATES, THEIR OFFICERS,
EMPLOYEES AND /OR AGENTS, AGAINST AND FROM ANY AND ALL PENALTIES, FINES,
COSTS AND EXPENSES, INCLUDING COURT COSTS AND COUNSEL FEES, IMPOSED UPON
OR INCURRED BY GRANTOR AND /OR ITS AFFILIATES, THEIR OFFICERS, EMPLOYEES
AND /OR AGENTS, RESULTING FROM, OR CONNECTED WITH, SUCH VIOLATION AND /OR
VIOLATIONS.
RECEIVED 6/15/2010 at 11:26 AM
1 RECEIVING 953985
BOOK: 749 PAGE: 171
JEANNE WAG' `r
1 N COUNTY CLERK, KtivnviERER, WY
Audit D02810
Grantee shall not suffer or permit any mechanic's lien, or other lien, to be filed against said
Premises or any part thereof, by reason of work, labor, services, or materials supplied, or claimed to
have been supplied, to Grantee, or anyone claiming under Grantee. If any such mechanic's lien, or
other lien, shall at any time be filed against said Premises, Grantee shall cause the same to be
discharged of record within Thirty (30) days of the date of filing the same; and if Grantee shall fail to
discharge such lien within such period, then Grantor may, at its option, discharge the same by
paying the amount claimed to be due without inquiry into and regardless of the validity of the same
and Grantee shall thereupon reimburse Grantor within Thirty (30) days of receipt of Grantor's
request for any payment so made.
Grantee is advised that the generation, transportation, treatment, storage and disposal of
hazardous wastes are controlled by the Federal Resource Conservation and Recovery Act of 1976
and regulations issued pursuant to the Act and subsequent Acts by the United States
Environmental Protection Agency (EPA) and /or state agencies. If Grantee's use of the Premises
shall include any regulated hazardous waste activities, Grantee shall obtain a hazardous waste
permit from the EPA or appropriate state agency and shall provide copy of same to Grantor within
Thirty (30) days following Grantee's receipt of said permit.
GRANTEE, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, BY THE ACCEPTANCE OF
THIS AGREEMENT, AGREES TO INDEMNIFY AND HOLD HARMLESS GRANTOR AND ITS
AFFILIATES, THEIR OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS,
AGAINST AND FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIMS, DEMANDS,
ACTIONS, CAUSES OF ACTION, FINES, PENALTIES, COSTS AND EXPENSES OF
WHATSOEVER NATURE, INCLUDING ATTORNEY'S FEES AND COSTS WHICH MAY RESULT
FROM PERSONAL INJURY TO OR DEATH OF PERSONS WHOMSOEVER, OR DAMAGE TO
OR LOSS OR DESTRUCTION OF PROPERTY OR THE ENVIRONMENT, INCLUDING THE
PIPELINE AND FACILITIES OF GRANTEE, AND INCLUDING ENVIRONMENTAL CLAIMS,
NATURAL RESOURCE DAMAGE CLAIMS, CLAIMS FOR ENVIRONMENTAL VIOLATIONS,
ENVIRONMENTAL NONCOMPLIANCE, OR ENVIRONMENTAL RELEASES PURSUANT TO
THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION
AND RECOVERY ACT (RCRA), COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA), SUPERFUND AMENDMENTS AND
REAUTHORIZATION ACT (SARA), THE TOXIC SUBSTANCE CONTROL ACT (TSCA), THE
HAZARDOUS MATERIALS TRANSPORTATION ACT, THE FEDERAL INSECTICIDE,
FUNGICIDE AND RODENTICIDE ACT, THE SAFE DRINKING WATER ACT, OCCUPATIONAL
SAFETY AND HEALTH LAWS, AND REGULATIONS PURSUANT THERETO OR TO THEIR
STATE STATUTORY OR REGULATORY EQUIVALENTS, OR GROWING OUT OF
INTERFERENCE WITH THE PROPER OPERATION OF SIGNAL, TELEPHONE OR TELEGRAPH
LINES, OR OTHER ELECTRICALLY OPERATED DEVICES OR APPURTENANCES OF
GRANTOR OR ITS AFFILIATES, OR OF ITS OR THEIR TENANTS, WHEN SUCH PERSONAL
INJURY, DEATH, LOSS, DESTRUCTION OR DAMAGE, HOWSOEVER CAUSED, GROWS OUT
OF OR ARISES FROM OR IN CONNECTION WITH THE CONSTRUCTION, OPERATION,
MAINTENANCE, REPAIR, RENEWAL, RECONSTRUCTION, REMOVAL OR USE OF SAID
PIPELINE AND FACILITIES OR THE BURSTING OF OR LEAKS IN SAID PIPELINE AND
FACILITIES HEREINAFTER COLLECTIVELY CALLED "CLAIMS PROVIDED, HOWEVER, IF A
CLAIM IS CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT
OF GRANTOR OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS,
EMPLOYEES AND /OR AGENTS, THEN GRANTEE'S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIONS ASSUMED IN THIS PARAGRAPH SHALL BE REDUCED IN
PROPORTION TO THE PRO RATA NEGLIGENCE OR WILLFUL MISCONDUCT, IF ANY, BY
GRANTOR OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, EMPLOYEES,
AND /OR AGENTS IN CONNECTION WITH SAID CLAIM. NOTHING HEREIN SHALL BE
CONSTRUED AS MEANING THAT GRANTEE IS AGREEING TO INDEMNIFY AND HOLD
HARMLESS GRANTOR FOR GRANTOR'S OWN NEGLIGENCE OR WILLFUL MISCONDUCT.
The term "affiliate" (or "affiliates" as the case may be) as used herein means any corporation
which directly or indirectly controls, or is controlled by, or is under common control with Grantor or
Grantee, as the case may be.
Grantee shall not assign this Agreement, or any interest therein, without the prior written
consent of Grantor, which consent shall not be unreasonably withheld, and any attempt to assign by
Grantee without such prior written consent shall be void. Notwithstanding the foregoing, Grantee
may assign this Agreement or any portion thereof to any affiliate of Grantee without Grantor's
consent, but upon written notice to Grantor of such assignment. However, Grantee shall first obtain
the consent of Grantor before any assignment is made to a non affiliate of Grantee.
2
Audit D02810
Notwithstanding anything contained herein to the contrary, it is hereby agreed and
understood that said Pipeline granted herein shall be buried at a minimum depth of Forty -Eight
inches (48
For the purposes of this Agreement, abandonment by the Grantee of the Pipeline and
Facilities shall be defined as Grantee's failure to use the Pipeline and Facilities or any portion
thereof for the uses heretofore stated for a period of Twenty -Four (24) consecutive months. In the
event of abandonment by the Grantee of the Pipeline and Facilities, all rights herein granted to the
Grantee in the Premises shall cease and terminate with respect to the Premises so abandoned, and
Grantee, its successors or assigns, shall deliver to Grantor a recordable instrument evidencing that
the title to the Premises so abandoned is free and clear of said easement as well as any liens,
encumbrances, clouds upon or defects in the title to said Premises created or permitted to be
created by Grantee, its successors or assigns. Termination of the rights granted hereunder shall
not relieve Grantee, its successors and assigns from compliance with the covenants and
agreements contained herein. Upon Grantor's written approval, Grantee may elect to abandon the
subsurface pipeline in place so long as Grantee abandons the Pipeline in place in accordance with
all applicable federal, state, and local safety standards then in effect; however, Grantee shall
remove any, and all, Facilities located on the Premises above such Pipeline.
If the Pipeline or Facilities or any portion thereof are abandoned and Grantee fails to remove
the Pipeline and Facilities so abandoned and restore the portion of the Premises to which the
abandoned Pipeline and Facilities are appurtenant to its original condition within One Hundred
Twenty (120) days after receipt of notice from Grantor to perform such activities, Grantor may
perform such activities for the behalf of Grantee and Grantee shall thereupon reimburse Grantor
within Forty -Five (45) days of receipt of Grantor's request for any payment so made, regardless of
the reasonableness of the cost of such activities.
Grantee hereby agrees that the surface of any of the Premises disturbed in the exercise of
the rights granted hereunder to Grantee shall be reseeded by Grantee, at the sole expense of
Grantee, in a manner consistent with applicable Governmental requirements on comparable
adjacent areas of public lands. Grantee shall eradicate all noxious weeds from the Premises and
shall not allow the same to go to seed. Additionally, Grantee shall not change the location of or
injure any permanent fences or irrigation structures located on the Premises.
The Agreement is also made by Grantor and accepted by Grantee subject to the possible
relocation of the Pipeline and Facilities granted herein. Grantor or its affiliates shall give Grantee
written notice of any intention to relocate said Pipeline and Facilities granted hereunder. Said
notice shall be provided not less than Six (6) months prior to commencement of such relocation. If
such relocation is required by Grantor, Grantor shall provide Grantee, subject to availability of
property suitable for the intended use, a substitute right -of -way for the placement of Grantee's
relocated Pipeline and Facilities at no additional cost, with the exception of damages to crops,
fences, livestock or water supply ditches. Grantor and Grantee hereby agree that the cost
associated with the physical relocation of Grantee's Pipeline and Facilities shall be Grantee's sole
responsibility.
In accordance with Section 1445(b)(2) of the Internal Revenue Code, Grantor, Federal ID
No. 13- 2678588, certifies that it is not a foreign corporation and withholding of Federal Income Tax
from the amount realized will not be made by Grantee. Grantor understands that this certification
may be disclosed to the Internal Revenue Service by the Grantee and that any false statement
made here could be punished by fine, imprisonment, or both.
Subject to the foregoing, the terms and conditions of this grant shall be applicable to
Grantee, its successors and assigns.
3
Audit D02810
it 0 C'17 4
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the
date(s) set forth below in the acknowledgments, to be effective on the day and year first written
above.
STATE OF TEXAS
ss:
COUNTY OF MONTGOMERY
M. O'MALLEY
y��lipp, State of Texas
o+M1' ssion Expires
April 12, 2014
STATE OF WI ill.
COUNTY OF 3w-0
My commission expires
SANWA
WNW Pub*:
Svreeteseter Cour *y
Co( si, x.s i q
ss:
WITNESS my hand and official seal.
ANADARKO LAND CORP
By:
Notary Public
Jane Ann Byroad
Its: Ag. and Attorney -in -Fact
)6(piciot,/
JONAH GAS GATHERING COMPANY
c1/as1aou
By:
Name: 11'liC.k-a..e -L A.
rDdck
Title: t vRl., 1.
The foregoing instrument was acknowledged before me this day of off►, f
2010, by Jane Ann Byroad, as Agent and Attorney -in -Fact of Anadarko Land Corp.
WITNESS my hand and official seal.
My commission expires Rti- �`ot dolt
The foregoing instrument was acknow edged before me this r day of E
2010, by OU��- 1 D
as (A. fit of Jonah s Gathering
Company.
4
/515 NNW 5171fIT
E NG/NEERS Ra-A SPRIN615; 92901
PHONE (70 .562-751.9
SURVEYORS ar E 2-756 9
/iltp://;vwirik-wyo.00(17
S27' 10"E
JONAH ATht1AINO COMPANY
BIRD TO OPAL 30" PIPELINE No. 5
SE 1/4 SEC. 15, T21N, R1 14W, 6th P.
LINCOLN COUNTY, WYOMING
DWN BY TLW SCALE:
DATE: REV. 10/05/09 '1"=-1 000` r EC1 5AL RO
TOTAL. LENGTH OF RIGHT—OF—WA
ACROSS ANADARKO LAND CORP.
LANDS AMOUNTS TO 2621.49 FEET.
158.878 RODS OR 0.496 MILES.
*Bearings shown are
based upon true north
derived from CPS.
Nth;
Pipeline locations shown ore opproximofe.
Contact .ONISALL verify underground
utilities prior to any excavation.
(1-800-348-1030)
ItIGHT-Of-WAY UNE
SURVEY
RtafT-OF-WAY uNE
BIGHT-OF-WAY DETAIL
DETAII
i/
OUTSIDE
!WIN
01 Land
e/" SH4
4, 7
C4 1 2928 13
IN,
9
EXHIBIT "A"
fo
1;2
PI
P.O.B. STA: 2359+11.77
SECTION 15 1
ANADARKO LAND COR
1(2621.49 L.F.)
OVERHEAD ELECTRIC
CENTERLINE SURVEY
30" BIRD TO OPAL-
PIPELINE NO. 5
1
Pi 154 STA: 2384+01,73
DETAIL
E.O.S STA:
e l SCALE: 1"=1000'
SEC. 15, T21N, R114W
7\
2385+33.26
OPAL CUTOFF
ROAD
PIONEER
CRYOGENIC
SITE
NE: COR.
SEC. 15 N/4 COR.
(STONE) SEC. 14
(STONE)
1389'22'56"E
CD
Q
0
h.)
0
1,"R, 5
:3
c
a
N
N
O
0
0
z
COR.
SEC 11
(STONE)
E.O.S. STA: 2320 +70.23
*Bearings shown are
based upon true north
derived from GPS.
Know whatt a ow.
Calibefore you dig.
PI STA: 2318 +71.5
PI STA: 2319 +51.16
N89'47'W
36" BRIDGER TO OPAL
PIPELINE
FLOW LINE: 2297 +07
FLOW LINE: 2300 +5
S00'18'03 "W
N89'22'56 "W- 2647.55' GPS
N89'48'W
RIGHT —OF —WAY LINE
c. SURVEY
RIGHT —OF —WAY LINE
EXHIBIT "A"
R 114 W
N 1/4 COR.
SEC 11
(STONE)
S89'34'51 "E
616.43'
S 1/4 COR.
0 TRACK SEC 11
ROAD (STONE)
S06'01'45'W
S89'22'56 "E
928.43'
RIGHT —OF —WAY DETAIL
NO SCALE
TOTAL LENGTH OF RIGHT—OF— Y
ACROSS ANADARKO LAND CORP.
LANDS AMOUNTS TO 5511.11
334.007 RODS OR 1.044 MILES.
P.O.B. STA: 2265 +59.12
OPAL CUTOFF
ROAD
ASBUILT CENTERLINE SURVEY
30" PIPELINE BIRD TO OPAL
S1711'32 "W•
5342.40'
292.540'(REC.)
N89'34'51 "W- 2642.47' GPS
SECTION 11
ANADARKO LAND C
(5511.11 L.F.)
iN
N
5293.20'(REC.)
0
JONAH GAS GATHERING COMPANY
NE COR.
SEC 11
(STONE)
z
O
O
I
21
N
1515 N /NTH STREET
I /VER NONE (5 6 519
(IFC} 8URVEYORS ENE S P FAX (.707 762 7569
hitp./Awovic—wyo.com
30" BIRD TO OPAL PIPELINE NO. 5
SECTION 11, T21 N, R1 14W
LINCOLN COUNTY, WYOMING
DWN BY: TLW
DATE: 03/25/10
SCALE:
1 =1000'
SHEET 1