HomeMy WebLinkAbout954519WHEREAS, the Road crosses the Union Pacific Railroad at a private crossing; and
ACCESS ROAD EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into this 9 day of July, 2010, between
ARNOLD N. LARSON and DEBBIE LARSON whose address is P.O. Box 813, Kemmerer,
WY 83101 "Larson and ROCKY MOUNTAIN POWER a d/b /a of PacifiCorp, an Oregon
corporation authorized to do business in Wyoming, whose address is 1407 W. North Temple, Suite 110,
Salt Lake City, Utah 84116 "Rocky Mountain Power Together Larson and Rocky Mountain
Power are the "Parties."
WHEREAS, Larson owns real property located in Lincoln County, Wyoming; and
WHEREAS, on Larson's property is an existing private road approximately thirty (30t)
feet in width that is commonly referred to as the Wagon Wheel Road (the "Road that traverses
the following described lands located in Lincoln County, Wyoming:
Section 31, Township 21 North, Range 114 West, and Section 3, Township 20
North, Range 115 West; commencing at the North line of Section 30 and
traversing the existing road to the East line of Section 3. The road is depicted on
the map attached to this agreement as Exhibit "A" (Hereinafter "the Road and
made a part hereof by this reference; and
WHEREAS, Rocky Mountain Power is planning to design, construct, erect and install a
switching /substation near to and providing service to the Roberson compressor station (the
"Substation The Substation shall consist of an electric power transmission line, a distribution
line to and from that substation, and communication lines to provide communication to and from
the substation for the use of Rocky Mountain Power, and not for resale or transmission of
communications by Rocky Mountain Power. These described items are facilities directly related
to the substation (the "Facilities in areas near the existing private road; and
WHEREAS, Rocky Mountain Power desires to use the existing Road to access the area
where construction of the Substation and related Facilities specifically described herein (together
defined as "the Project will be installed; and
WHEREAS, to access the location where the Facilities will be built and installed, Rocky
Mountain Power and its contractors and subcontractors have a desire to use the Road; and
WHEREAS, Rocky Mountain Power desires to use the Road after the Project is
constructed for the continuous operation and maintenance of the Facilities; and
WHEREAS, Rocky Mountain Power desires to enter into a non exclusive Road
Agreement (the "Agreement with Larson so Rocky Mountain Power may use the Road only for
the purpose described and pursuant to the terms and conditions of this Agreement for access to
the Facilities; and
WHEREAS, Larson is willing to enter into a non exclusive Agreement with Rocky
Mountain Power upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00 and more) in hand paid
and of the promises and mutual covenants set forth herein below, Larson does hereby grant, sell
and convey to Rocky Mountain Power, its successors and assigns a perpetual non exclusive right
of way and easement for the use of the Road, subject to the extinguishment clause and other
promises and mutual covenants set forth herein below:
1. It is understood and agreed that this Agreement does not and shall not extend generally
for the use of this Road by the public. This Agreement grants to Rocky Mountain Power,
its employees, contractors, agents, and persons, as well as finns and corporations who are
actively engaged in doing or performing work for Rocky Mountain Power on the Project,
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RECEIVED 7/22/2010 at 11:09 AM
RECEIVING 954519
BOOK: 751 PAGE: 7
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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the right to utilize the Road for purposes of this specific construction, operation and
maintenance activities. The rights granted shall include using the road for mobilization
of all equipment necessary for the construction, erection and installation of the Substation
and the specifically described related facilities at or near the Roberson compressor site.
This Agreement also grants to Rocky Mountain Power, its employees, contractors,
agents, and all persons, as well as films and corporations who are doing work for Rocky
Mountain Power on this Project the right to utilize the Road to access the locations where
the power transmission lines go to and from that Substation that is being constructed.
That access shall include the right to use the road to mobilize the equipment necessary to
excavate, construct, install, and activate the Substation and power transmission lines to
and from the Substation, to transport the poles, transformers, power line, switches and
equipment that will be used in the construction of the Substation and power transmission
line to and from the transmission line and Substation. The right described herein above
does not grant or give to Rocky Mountain Power, its employees, contractors, agents, and
persons any right to use the Road at any time unless they are acting within the scope of
their employment or agency relationship.
2. The permitted use as described above does not include use of the Road to install, access
or service any "man camp," employee housing, pole yards, wire storage yard, transformer
storage, staging areas, installation of telephone lines, optic fibers, or any other item other
than that specifically described as allowed herein above. Rocky Mountain Power, its
employees, contractors, agents and persons, as well as firms corporations and their
employees, contractors, agents and person who are doing work for Rocky Mountain
Power shall not have the right to use this Road for personal use, recreation, or access.
Should Rocky Mountain Power determine the need to expand the substation in a manner
that requires the use of large vehicles and construction equipment, Rocky Mountain
Power agrees to pay to Larson a $2,000 per month construction use fee during the period
of construction. The amount paid shall be adjusted annually based on the Consumer
Price Index (CPI). Paragraphs 8 through 11 below shall apply to such expansion.
3. While using this Road Rocky Mountain Power, its employees, contractors, agents and
persons, as well as firms and corporations who are doing work for Rocky Mountain
Power shall not interfere or impede with Larson in the operations of the ranch. Larson
retains the right to use the Road for transportation or mobilization of ranching equipment
including but not limited to tractors, wagons, balers, swathers, and livestock trailers.
Larson specifically retains the right to utilize the Road for herding or gathering livestock
without notice to Rocky Mountain Power. By entering into this Agreement, Rocky
Mountain Power specifically agrees to advise all its employees, contractors, agents
and persons as well as anyone doing work for Rocky Mountain Power to stop any
vehicle being operated if Larson or Larson's agents are herding any livestock on the
Road and to not interfere with any herding or gathering operation.
4. Rocky Mountain Power and all its agents, employees and contractors shall not
operate a vehicle on said Road at any speeds in excess of twenty (20) miles per hour.
5. Larson has notified Rocky Mountain Power that it has entered into other non exclusive
agreements for others to use the Road during the term of this Agreement. Larson and
their successors and assigns retain the right to enter into additional agreements to allow
others to use the Road. Rocky Mountain Power shall be responsible for coordinating its
use and safety while using the Road with all other users.
6. Rocky Mountain Power agrees to cooperate with Larson and all other permitted users of
the Road should Larson or any other permitted user wish to implement a gate, security, or
entry system to control use of and access to and across the Road. Pending installation
and implementation of a security gate, Rocky Mountain Power agrees to have its
employees, contractors, agents, and persons, firms and corporations who are
utilizing said Road in association with the Project, clearly display some identifying
mark on their vehicle such as a flag or label of a specific color and /or design that
can be easily recognized and distinguished from all others who use the Road from a
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reasonable distance. Rocky Mountain Power agrees to advise Larson prior to use of
the Road what that unique identifying flag or label is for identification purposes.
7. Rocky Mountain Power is aware that Larson intends to install a security gate on the Road
that will limit use of the Road to only those who are authorized or invited. Upon
installation of the security gate by Larson, it is anticipated that anyone, including but not
limited to Rocky Mountain Power, who has authority to use the road, will be required to
enter a code or use an encoded card to proceed either direction on the Road. It is
understood and expected that the access code(s) and/or cards required will be updated
and change from time to time. Larson will control those code(s) and /or cards. It is also
understood and expected that Larson will be entitled to enforce the terms and conditions
of this easement by being able to receive a list from Rocky Mountain Power of who is
authorized to use said Road or who Rocky Mountain Power has given access code(s)
and/or cards to. To facilitate this clause of the Agreement, Rocky Mountain Power shall
provide to Larson a person who shall act as the liaison between Rocky Mountain Power
and Larson and who Larson shall contact in advance to notify of the activation of the
security gate and provide an access code or codes and /or cards for use by Rocky
Mountain Power's employees, agents and contractors. The following person is
designated by Rocky Mountain Power to act as that liaison: Bret Doak (Operations) and
that person may be contacted at (307) 352 -5401 or (307) 371 -1916 and Larson may be
contacted at (307) 877 -6151. The contact person may be changed upon notice given to
the other Party in writing at the address listed below for notice. Rocky Mountain Power
shall be responsible for properly providing the code(s) and/or cards to only people who
are duly authorized to use the Road pursuant to this Agreement in the completion of this
Project. Providing code(s) and /or cards to unauthorized individuals or failing to retrieve
code(s) and /or cards from individuals whose authority has been revoked and to notify
Larson of such revocation shall be deemed a material breach in violation of this
Agreement and may result in the revocation of the Easement by Larson upon providing
notice and proof of such a violation.
8. Rocky Mountain Power has represented that during construction of the project it will be
transporting or having transported on the Road and over the bridge which crosses the
Hamsfork River, equipment and machines that are heavier and larger than normal
equipment and machines. Due to the specialized nature of transporting said equipment
and machines, Rocky Mountain Power shall be solely responsible for and assure the
bridge, guardrails, pilings, foundation, and all structures associated with or part of the
bridge are adequate and have sufficient load standards to bear such loads without being
damaged. If during the construction of the Project, or during other use, the transportation
of said loads damages or denigrates the integrity of said bridge, Rocky Mountain Power
shall be solely responsible for repairing or replacing that bridge and all associated
structures to meet safety standards and have the same or greater capacity as when this
agreement was signed.
9. Rocky Mountain Power shall be solely liable and responsible for maintaining and
repairing the Road and all cattle guards during the construction of the Project. Rocky
Mountain Power shall also be solely liable and responsible for assuring all cattle guards
are clean so cattle and livestock cannot exit any fenced area by walking across a mudded,
frozen, or filled cattle guard.
10. During construction of the Project, Rocky Mountain Power shall be solely responsible for
all dust control, snow removal, plowing and maintenance which may include but is not
limited to pinning a road grader over the road to smooth it and depositing and
appropriately distributing or spreading road base or gravel on the Road. Such
maintenance shall occur when the Road or any part thereof has wash boards form on it,
the Road becomes slick, muddy, rutted, or there is an accumulation of mud holes.
11. Rocky Mountain Power shall be responsible for fixing or assuring the road and bridge has
been repaired, restored or brought to a reasonable and safe level within thirty (30) days
after construction is completed. Since it is subjective to determine what is required to
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restore or bring the Road to a reasonable and safe level after construction is completed,
Rocky Mountain Power shall complete or be responsible for hiring and paying for a
contractor(s) to perform the following:
a. If any cattle guard, concrete base, or area surrounding a cattle guard is damaged
as a result of or during construction, they will be repaired or replaced by Rocky
Mountain Power. Rocky Mountain Power shall raise each and clean any dirt, mud
and/or accumulation of debris from any existing cattle guards currently located in
the Road as a result of its construction activities; and
b. After construction Rocky Mountain Power shall restore the road to a condition
reasonably similar to the condition it was in before construction. The repair shall
include, if necessary, road base in those areas (if any), as required. The road will
be graded so that road base is appropriately distributed, and compact that road
base so it will remain in place and so the road is smooth. If necessary, any cattle
guards shall be raised or replaced if damaged so that vehicles are able to smoothly
cross cattle guards and so the cattle guards will be effective in keeping livestock
in an enclosed area.
12. All rights granted in the Agreement are subject to all existing agreements, rights -of -way,
easements, leases, licenses or other agreements previously granted by Larson and are
further subject to the continuing right of Larson to extend or renew any or all of said
rights -of -way, easements, leases, licenses or other agreements and enter into additional
Agreements, rights -of -way, easements, leases, license or other agreements for use of the
Road.
13. Larson has advised Rocky Mountain Power that the Road crosses the Shortline of the
Union Pacific Railroad at a private crossing and Larson has no right or ability to give,
award or otherwise grant Rocky Mountain Power the right to use said crossing. Rocky
Mountain Power is aware and accepts that it is Rocky Mountain Power's sole
responsibility and obligation, independent of this Agreement, to contact the Union Pacific
Railroad and obtain the necessary legal right to cross said railroad and use that private
railroad crossing.
14. Rocky Mountain Power and all its agents, employees and contractors shall not operate a
vehicle on said Road nor be present on said Road at any time while possessing any
firearm, alcoholic beverage, or controlled substances unless that controlled substance is
possessed pursuant to a valid prescription nor shall Rocky Mountain Power or its agents,
employees or contractors use said Road while under the influence of any alcoholic
beverage or controlled substance unless pursuant to a valid prescription. Violation of this
condition by an individual otherwise authorized to use this Road pursuant to this
Agreement shall result in Rocky Mountain Power prohibiting that person from the
Substation and Facilities that are accessed by this Road. Failure of Rocky Mountain
Power to take such action shall be deemed a material breach in violation of this
Agreement.
15. Rocky Mountain Power shall be responsible for the negligence of all Rocky Mountain
Power's employees, agents, contractors, and all other persons relative to the use of the
Road in association with this easement.
16. Rocky Mountain Power acknowledges and agrees that it is responsible for damages, if
any, to the Road, livestock, property or person of Larson occasioned by Rocky Mountain
Power's use of the Road.
17. Rocky Mountain Power shall work to prevent the spread of noxious weeds on the land
adjacent to the roadway. Any vehicles or equipment that has been operated recently in
areas where leafy spurge or other noxious weeds exist shall be power washed prior to
entry upon the Road. Rocky Mountain Power shall work diligently to eliminate any
noxious weeds, including leafy spurge that can reasonably be inferred to have been
01
introduced to the premises by Rocky Mountain Power's operations and shall cooperate
with the other permitted road users to eliminate any noxious weeds growing adjacent to
the roadway.
18. Rocky Mountain Power agrees to hold Larson, including their partners, officers, and
employees free and harmless from any and all liability caused by Rocky Mountain
Power's use of the Road and bridge or the use of the Road and bridge by its employees,
contractors, agents, persons, and firms and corporations who are utilizing the Road and
bridge on behalf of Rocky Mountain Power in association with this easement. Rocky
Mountain Power further agrees to indemnify and hold harmless Larson as to all actions,
claims, or suits including but not limited to attorney fees and costs arising from Rocky
Mountain Power's use of the Road or the use of the Road by Rocky Mountain Power's
employees, contractors, agents, persons, and firms and corporations who are utilizing the
Road and bridge on behalf of Rocky Mountain Power in association with this easement.
Larson retains the right to chose their attorney in such action and manage any and all
litigation associated therewith.
19. Rocky Mountain Power may not assign or otherwise transfer Rocky Mountain Power's
rights and interests herein or hereunder without prior written consent of Larson or their
heirs, which consent shall not be unreasonably withheld. Any assigmnent or transfer
prior to obtaining the written consent of Larson shall void this easement and the right of
Rocky Mountain Power or any assignee to use the Road and Larson shall be entitled to
retain all monies paid by Rocky Mountain Power and utilize all remedies available to
Larson pursuant to this Agreement.
20. Construction will be deemed to have ended for the purposes of this easement at the
completion of the initial Substation and Facilities described above on or before the 31st
day of December, 2011. Construction for any expansion of the Substation as provided
for herein will be deemed to have begun when actual construction work is undertaken for
the expansion and will be deemed to have ended at the time the expanded Substation is
put in service.
21. All rights and privileges granted herein shall terminate if Rocky Mountain Power fails to
maintain and operate said Substation, power and transmission lines and Facilities by
transporting power therein for a period of more than twelve (12) consecutive months.
Rocky Mountain Power may at any time permanently abandon said right -of -way upon
receipt and acceptance of any necessary approvals. Upon such abandonment, Grantee
shall execute and record a reconveyance and release hereof, whereupon this right-of-way
and easement and all rights and privileges herein mutually granted shall be fully canceled
and terminated except those set forth in paragraphs 15, 16, and 18 above. On the
termination of the rights granted herein, whether as set forth under this section or
otherwise, Grantee shall execute and deliver to Grantor, within forty five (45) days after
service of a written demand therefor, a good and sufficient quitclaim deed to all rights
hereby granted. Should Grantee fail or refuse to deliver such deed to Grantor, a written
notice by Grantor reciting the failure or refusal of Grantee to execute and deliver such
deed, and terminating this grant, shall, after thirty (30) days from the date of recording of
such notice, be conclusive evidence against Grantee and all persons claiming under
Grantee of the termination of this grant.
22. Should either party be required to retain an attorney to enforce any provision of this
Agreement, the prevailing party, whether litigation is initiated or not, shall be entitled to
receive attorney fees from the other party.
23. This Agreement embodies the entire understanding of the parties and there are no further
or other agreements or understandings, written or oral, in effect between the parties,
relating to the subject matter hereof. This instrument may be amended or modified only
by a written agreement signed by both parties.
24. Notice as required in this Agreement shall be deemed given three (3) days after any
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written notice is deposited in the United States Mail, postage prepaid, certified mail,
return receipt requested to the party at the address below:
a. If to Larson: Arnold N. Larson and Debbie Larson, P.O. Box 813, Kemmerer,
WY 83101.
b. If to Rocky Mountain Power: Rocky Mountain Power, 1407 W. North Temple,
Suite 110, Salt Lake City, Utah 84116.
Executed this day of July, 2010.
ARNOLD N. LARSON, Larson/Landowner
P.O. Box 813
Kemmerer, WY 83101
STATE OF WYOMING
COUNTY OF LINCOLN
On this 9 fh day of July, 2010, before me personally appeared Arnold N. Larson and
Debbie Larson, known to be the person described in and who executed the foregoing instrument,
and acknowledged that they executed the same as their own free act and deed.
WITNESS my hand and official seal.
t ,o RwP t €C
k �`�1�`a NOTARY f�ts�h
CUM OF
LINCOLN
t i' v t` 1h: :E +S
Executed this 19 day of July, 2010.
Agent for
Rocky Mountain Power, a d/b /a Rocky Mountain Power,
an Oregon corporation, who represents
that he /she has full authority to bind PacifiCorp to
this Agreement in all respects.
STATE OF UTVAA
ss.
COUNTY OF
On this CI day of July, 2010, before me personally appeared S` WA-e —C r>.-S
the di 'O¢ r_xM. for ROCKY MOUNTAIN POWER, known to be the
person described in and who executed the foregoing instrument, and acknowledged that he /she
had the requisite authority to execute such agreement. And that he /she executed the same as the
free act and deed of Grantee, ROCKY MOUNTAIN POWER.
WITNESS my hand and official seal.
Yum w vats P+• %OM i.. Nt. 1
Notary Public 1
KIM M. GARRICK
Commission $578122
My Commission Expires
March 26.2013
sTA E OF
State of Utah a
ss.
Amy Larson \Rocky Mountain Power \LarsonAccessEasementrevised FINAL 7.8.10
�o f n rz A( amuJ em
NOTARY PUBLIC
My Commission Expires:
NOTARY PUBLIC
My Commission Expires:
Page 6 of 6
DEBBIE LARSON, Larson/Landowner
P.O. Box 813
Kemmerer, WY 83101
/a Y/Q:211 E i
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Exhi bit
WAGON WHEEL ROAD
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