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HomeMy WebLinkAbout954441STATE OF WYOMING COUNTY OF LINCOLN RIGHT -OF -WAY AGREEMENT 10 64. FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Marika Thayer and Donald Thayer, herein referred to as "Grantor whether one or more, does hereby grant unto Williams Field Services Company, LLC, and all subsidiary companies, their successors and assigns, herein referred to as "Grantee a right -of -way for the right from time to time to survey, construct, lay, maintain, inspect, erect, alter, operate, protect, repair, replace with same or different size pipe, and remove one (1) pipeline; above ground valves; appurtenances; cathodic equipment, including ground beds, cables and deep wells; communication lines; fences and structures to enclose any of the above ground valves and appurtenances at the sole discretion of Grantee (herein being collectively referred to as "Facilities over, through, upon, under and across the following described lands in Lincoln County, State of Wyoming, to wit: Part of the N2, SE1 /4 Section 14, T26N, R113W, being 45.3 acres, more or less, and further described by metes and bounds description in Quitclaim Deed recorded in Book 391, Page 404 in the Lincoln County, Wyoming Courthouse The right -of -way herein granted shall be fifty feet (50') in width, the approximate route of which is more generally described in EXHIBIT "A attached hereto and made a part hereof, together with additional work space as needed for construction, maintenance, repair, inspection, removal and replacement of Facilities. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted right -of -way. Grantor shall not impound water or build, construct, create or install, nor permit others to impound water or build, construct, create or install, any buildings, structures, fences, trees, engineering works, or any obstructions on the herein granted right -of -way, and Grantor will not change the grade of the right -of -way without the express written consent of Grantee. Grantor agrees that any payment made hereunder by Grantee for the right -of -way includes full payment for all construction damages, except damages to growing crops. Grantee agrees to pay for damages to growing crops and to fences of Grantor caused by maintenance operations; provided, however, that Grantee shall not be liable to Grantor for any damages caused on the right -of -way by keeping said right -of -way clear of trees, undergrowth, brush or obstructions in the exercise of the rights herein granted. Any payment due hereunder may be made directly to any Grantor if there be more than one. Grantor reserves the right to install a road made from dirt, gravel, or pavement across the pipeline, at the sole expense of Grantor, so long as the road way is perpendicular to the pipeline or as near to perpendicular as practicable (not to be less than a 45 degree angle), and so long as the construction of said road does not cause a reduction in cover over the pipeline to less than 60" of cover. Grantor shall notify Grantee at least 48 hours prior to commencement of construction and Grantee shall have the right to inspect the construction of the road to ensure proper protection of the pipeline. Grantee shall restore the contour of the right -of -way, as near as reasonably practical to do so, upon completion of all construction, maintenance, replacement or removal operations. Said Grantor to fully use and enjoy said premises, except for the purposes hereinabove granted and subject to the restrictions set forth herein. RECEIVED 7/19/2010 at 11:07 AM RECEIVING 954441 BOOK: 750 PAGE: 643 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMFRFR %niV When said right -of -way is no longer useful, necessary or convenient to Grantee, Grantee shall execute and record a reconveyance and release of this Right -of -Way Agreement. Grantee shall have no obligation to remove any of the underground Facilities, but shall have the option, at Grantee's sole discretion, to do so with respect to all or any of the Facilities. In the event that Grantee removes any of the Facilities, Grantee shall restore the surface, as near as reasonably possible, to its condition prior to the construction of the Facilities. Any Facilities remaining on the property after the expiration of 180 days following the filing of such reconveyance and release shall become the property of Grantor. The rights herein granted, or any of them, may be exercised by any or all of the Grantees, their successors and /or assigns, either jointly or separately. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. This Right -of -Way Agreement may be signed in counterparts with the same effect as if each named Grantor signed one instrument. EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the kh day of L7 2010_ (the "Effective Date STATE OF WYOMING COUNTY OF LINCOLN M ommissi n expires: Gu 41. 6/' r t 'Parish GRANTOR Marika Thayer Donald Thayer On this day of A.ar 2010, before me the undersigned officer, personally alp. -areo' Marika Thayer and Donald Thayer, who, bei by me duly sworn did say that they executed the foregoing instrument, and acknowledged that they executed it as their free act and deed. NO PUBLIC Notary Public in and fordG /i�-(4 .2.10 2644 670+98.00 r 1, .1 G I vc 680 t 00 �rJO trE m�u (x') 3 14 PROJECT TITLE; WILLIAMS FIELD SERVICE CIMAREX TRUNK A LOOP PIPELINE PLAN PROFILE SECTION 20 29, T28N, R113W SUBLETTE COUNTY, WYOMING Coprrfg t by JFC, Repvdwhn or other use of fhb thawing b prohibited Riese adhmked ly JFC 00 0 (V.; ENS /NEERS jJ rsi9 IFC81/171/0 z 4