HomeMy WebLinkAbout954684Atter Reroraing please return to:
Ruby Pipeline LLC
2 N Nevada Ave 5th Fir
Colorado Springs, CO 80903
ACCESS ROAD EASEMENT AGREEMENT
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
542
THIS AGREEMENT is made and entered into this of July, 210, between
ARNOLD N. LARSON and DEBBIE LARSON whose address is P.P. Box 813, Kerrmtnerer,
WY 83101 "Larson and RUBY .PIPELINE, L.L.C., a Delaware limited liability company,
authorized to do business in Wyoming, whose address is 2 North Nevada :Avenue, Colorado Springs, CO
80903, with a corporate mailing address, of 1001 Louisiana Street, Houston, TX 77002 "Ruby
Together Larson and Ruby 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 (30')
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:
WHEREAS, the Road crosses the Union Pacific Railroad at a private crossing; and
WHEREAS, Ruby is planning to install a forty -two (42) inch natural gas high pressure
pipeline (the "Pipeline and a compressor station consisting of three (3) motor driven
compressors as originally proposed which are facilities related to the Pipeline (the "Facilities in
areas near the Road or which can be most efficiently accessed by use of the Road; and
WHEREAS, Ruby desires to use the Road to access the area where construction of the
Pipeline 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 and the
locations where the forty -two (42) inch Pipeline will be constructed to complete the Project,
Ruby and its contractors and subcontractors have a desire to use the Road; and
WHEREAS, Ruby desires to use the Road after the Project is constructed for the
continuous operation and maintenance of the Project; and
WHEREAS, Ruby desires to enter into a non exclusive Road Agreement (the
"Agreement with Larson so Ruby may use the Road only for the purpose described and
pursuant to the terms and conditions of this Agreement for access to the Pipeline and Facilities;
and
WHEREAS, Larson is willing to enter into a non exclusive Agreement with Ruby 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 Ruby, 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 Ruby, its employees,
contractors, agents, and persons, as well as firms and corporations who are actively
engaged in doing or performing work for Ruby on the Project, the right to utilize the
Road for purposes of these specific construction, operation and maintenance activities.
That shall include using the road for mobilization of all equipment necessary for the
Array Larson Ruby Pipeline \Road Easement 6.27.10 FINAL REVISIONS 7.1.10
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RECEIVED 8/4/2010 at 11:11 AM
RECEIVING 954684
BOOK: 751 PAGE: 542
JEANNE WAGNER
114.1"0\1 rat nr,t iAITV r•1 CSI! vmMAGRGR \A/V
Arny Larson \Ruby Pipeline\Road Easement 6.27.10 FINAL REVISIONS 7.1.10
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543
construction, erection and installation of a compressor station at the Roberson Creek
compressor site. Said compressor station originally consists of three (3) motor driven
compressors and all related buildings, pipes, valves, and equipment attached to and part
of that compressor station. This Agreement also grants to Ruby, its employees,
contractors, agents, and all persons, as well as firms and corporations who are doing work
for Ruby on this Project the right to utilize the Road to access the locations where the
forty -two (42) inch natural gas high pressure pipeline is being constructed. That access
shall include the right to use the road to mobilize the equipment necessary to excavate,
construct, weld, install, and bury the Pipeline, to transport the pipe that will be used in the
construction of the Pipeline, and to rehabilitate the areas disturbed in the construction of
the Pipeline. This Agreement also grants to Ruby, its employees, contractors, agents, and
all persons, as well as firms and corporations who are doing work for Ruby on the
operation and maintenance of this Project the right to utilize the Road to access the
Project. The right described above does not grant or give to Ruby, 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 on the Project.
2. Should Ruby determine the need to expand its Project by adding additional compression
at the Facility or looping this specific pipeline described above, Ruby agrees to pay
Larson a $2,000 per month construction use fee during the construction period.
Paragraphs 9 through 12 shall apply to such expansion. The amount paid shall be
adjusted annually based on the Consumer Price Index (CPI).
3. The permitted use as described above does not include use of the Road to install, access
or service any "man camp," employee housing, pipe yards, or the installation of
telephone lines, optic fibers, or any other item other than that specifically described as
allowed herein above except those telephone lines, optic fibers or other items that are
directly associated with the operation and maintenance of the Project. Ruby, its
employees, contractors, agents and persons, as well as firms corporations and their
employees, contractors, agents and person who are doing work for Ruby shall not have
the right to use this Road for personal use, recreation, or access.
4. While using the Road, Ruby, its employees, contractors, agents and persons, as well as
firms and corporations who are doing work for Ruby 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 Ruby. By entering
into this Agreement, Ruby specifically agrees to advise all its employees, contractors,
agents and persons as well as anyone doing work for Ruby 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.
5. Ruby 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.
6. Larson has notified Ruby 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. Ruby shall be responsible for coordinating its use and safety while using the Road
with all other users.
7. Ruby 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, Ruby 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 sign, placard 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 reasonable
distance. Ruby agrees to advise Larson prior to use of. the Road what that unique
identifying flag or label is' for,identdication pturposes
8. Ruby is aware that Larson: intends .to, install a security gate on the Road that will lirnit use
to, only those who are authorized or invited Upon installation of the security gate by
Larson, it is anticipated that anygne, including but hot limited to Ruby, who,h authority
to use the road, will be required to enter a code or use an encoded c 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 Ruby of
who is authorized to use said Road or who Ruby has given access code(s) and/or cards to.
To facilitate this clause of the Agreement, Ruby shall provide to Larson a person who
shall act as the liaison' between Ruby 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 Ruby's employees, agents and contractors. The following
person is designated by Ruby to act as that liaison: Tony Savageau; (303) 249 -2633
through construction: After Project construction the liaison shall be the Ruby Land
Manager at (877) 598 -5263 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. Ruby 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.
9. Ruby 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,
Ruby 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, Ruby 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.
10. Ruby shall be solely liable and responsible for maintaining and repairing the Road and all
cattle guards as a result of the construction activities of the Project. Ruby 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 as
a result of Ruby's construction activities.
11. During construction of the Project, Ruby shall be solely responsible for all dust control,
snow removal, plowing and maintenance which may include but is not limited to running
a road grader over the road to smooth it and depositing and appropriately distributing or
spreading road base or gravel on the Road as a result of Ruby's construction activities.
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.
12. Ruby shall be responsible for fixing or assuring the restoration, maintenance and repair of
the road and bridge as a result of its construction activities to as good condition as of the
date of this Agreement. The road and bridge work is to be completed within thirty (30)
days after construction is completed, weather permitting, Ruby shall be responsible for
performing the following:
Arny Larson \Ruby Pipeline\Road Easement 6.27.10 FINAL REVISIONS 7.1.10
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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 Ruby.
Ruby shall raise 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, Ruby shall repair the Road. This repair shall include grading
and, if necessary, applying road base in those areas (if any), as required. The road
will be graded so that the base is appropriately distributed, and the road base shall
be compacted so that it will remain in place and so that the road is smooth. If
necessary, any cattle guards shall be raised or replaced if damaged so that vehicles
are able to smoothly cross the cattle guards and so the cattle guards will be
effective in keeping livestock in an enclosed area.
13. 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.
14. Larson has advised Ruby 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 Ruby the right to use said crossing. Ruby is aware and accepts that it is
Ruby'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.
15. Ruby 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, alcohol
beverage, or controlled substances unless that controlled substance is possessed pursuant
to a valid prescription nor shall Ruby 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. As part of Ruby's safety training, all agents, employees
and contractors will be instructed that while on the Larson property they are prohibited
from possessing, selling or being under the influence of illegal drugs or alcohol and are
further prohibited from possessing firearms while on Larson property. All Ruby agents,
employees and contractors are required to complete safety training prior to beginning any
work on a Ruby project. Violation of this condition by an individual otherwise
authorized to use this Road pursuant to this Agreement shall result in Ruby prohibiting
that person from the Project area. Failure of Ruby to take such action shall be deemed a
material breach in violation of this Agreement.
16. Ruby shall be responsible for the negligence of all Ruby's employees, agents,
contractors, and all other persons arising from the use of the Road on behalf of Ruby in
association with this easement.
17. Ruby acknowledges and agrees that it is responsible for damages, if any, to the Road,
livestock, property or person of Larson occasioned by Ruby's use of the Road
18. Ruby 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.
Ruby shall work diligently to eliminate any noxious weeds, including leafy spurge that
can reasonably be inferred to have been introduced to the premises by Ruby's operations
and shall cooperate with the other permitted road users to eliminate any noxious weeds
growing adjacent to the roadway.
Array Larson \Ruby Pipeline \Road Easement 6.27.10 FINAL REVISIONS 7.1.10
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546
19. Ruby agrees to hold. Larson, including their partners, officers, and employees free and
harmless from any and all liability caused by Ruby'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 Ruby in association with
this easement. Ruby 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
Ruby's use of the Road or the use of the Road by Ruby's employees, contractors, agents,
persons, and firms and corporations who are utilizing the Road and bridge on behalf of
Ruby in association with this easement. Larson retains the right to chose their attorney in
such action and manage any and all litigation associated therewith.
20. Ruby may not assign or otherwise transfer Ruby's rights and interests herein or
hereunder without prior written consent of Larson or their heirs, which consent shall not
be unreasonably withheld. Any assignment or transfer prior to obtaining the written
consent of Larson shall void this easement and the right of Ruby or any assignee to use
the Road and Larson shall be entitled to retain all monies paid by Ruby and utilize all
remedies available to Larson pursuant to this Agreement.
21. Construction will be deemed to have ended for the purposes of this easement at the
completion of restoration of the initial Project in that area between mile post 1 of the
pipeline at the King Compressor Station to mile post 20 of the pipeline at State Highway
412. Construction for any expansion will be deemed to have begun once a certificate is
issued by the Federal Energy Regulatory Commission and construction related activities
are undertaken and will be deemed to have ended at the completion of restoration related
to that expansion project.
22. All rights and privileges granted herein shall terminate if Ruby fails to complete initial
construction of the Pipeline and Facilities by December 31, 2012 or fails to maintain and
operate said Pipeline and Facilities by transporting product therein for a period of more
than twenty -four (24) consecutive months. Ruby may at any time permanently abandon
said right -of -way upon approval of abandonment by the Federal Energy Regulatory
Commission. 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 16, 17, and 19 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 therefore, 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.
23. 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 reasonable attorney fees from the other party.
24. 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.
25. Notice as required in this Agreement shall be deemed given three (3) days after any
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.
Arny Larson\Ruby Pipeline \Road Easement 6.27.10 FINAL REVISIONS 7.1.10
Page 5 of 6
Executed this
b. If to Ruby: Ruby Pipeline, L.L.C., Attn: Land Manager, 2 North Nevada
Avenue, Colorado Springs, Colorado 80903.
ARNOLD N. LARSON, Larson/Landowner
P.O. Box 813
Kemmerer, WY 83101
STATE OF WYOMING
COUNTY OF LINCOLN
On this q +h 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.
DEBRA A. KAMEN NOTARY PLI9Li0
co �O�F ST;4TE OF WYOMNG
MY COMMISSION EXPIRES �2�1
Executed this day of 74/ 2010.
y
aL
RUBY PIPELINE, L.L.C.,
By CIG Pipeline Services Company, LLC
Acting as Construction Manager and Agent
STATE OF Colorado
COUNTY OF Pcvsa
PUBLIC i o
CON-
/an Emit*
day of July, 2010.
ss.
ss.
Arny Larson \Ruby Pipeline \Road Easement 6.27.10 FINAL REVISIONS 7.1.10
WITNESS my hand and official seal.
_�`\`if tl'E I iiii A 4',
A r
‘A OTAR y
Page 6 of 6
DEBBIE LARSON, Larson/Landowner
P.O. Box 813
Kemmerer, WY 83101
190,17&n. (1. N(L„ l Ls .0;
NOTARY PUBLIC
My Commission Expires:
Se"
't
On this 21 day of July, 2010, before me personally appeared i� I yaw '1 .0_o1 Sc.
the \,(ic 'P1u s 1r1 -t for RUBY PIPELINE, LLC, 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, RUBY PIPELINE, LLC.
NOTARY PUBLIC
My Commission Expires: A L
547
2
15
30
22
Exthibit
WAGON WHEEL ROAD
19
OPAL
MISLAY 30