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HomeMy WebLinkAbout954723RIGHT -OF -WAY AGREEMENT RECEIVED 8/6/2010 at 11:08 AM STATE OF WYOMING RECEIVING 954723 BOOK: 751 PAGE: 628 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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, Minton Investment Company 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, and communication lines; 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: COUNTY OF LINCOLN WO# 1081823 Southwest 1 /4 of the Northeast 1/4 Section 14 Township 26 North, Range 113 West of the 6 P.M. 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 temporary work space not to exceed twenty five feet (25') in width adjacent to the permanent easement and additional temporary workspace not to exceed one (1) acres in area (also shown on Exhibit A) 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. 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. 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. 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. In the event that the Facilities of Grantee are not maintained for a continuous period of three (3) years, then Grantee shall have no further rights in the herein described property, except the right and privilege to remove its Facilities within a reasonable length of time if it so desires. Upon receipt of a written request from Grantor, Grantee shall within six months after the removal of Facilities record a release that releases all of its right, title, and interest in and to the right -of -way. 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. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from and against all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may incur or be liable for (collectively, "Claims to the extent that such Claims result from or are attributable to Grantee's exercise of the rights granted hereunder, EXCEPT to the extent any such losses, damages, claims, demands and suits resulting from or are attributable to the negligence, gross negligence, willful misconduct or malicious acts (or omissions) of Grantor, its agents, employees, contractors or representatives. Grantee shall comply with all present and future federal, state and local laws, rules, regulation, orders and other requirements applicable to Grantee's operations under this Agreement, including without limitation, laws, rules, regulation, orders and other requirements relating to the public or employee health and safety, pollution or protection of the environment, and any permits, approvals or judicial or administrative orders issued thereunder. 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 12 day of July, 2010 (the "Effective Date WITNESS: WO# 1081823 GRANTOR: 4 /A4. KLCZC n. �rJll ���A✓1ar Sue Minton Edison President Minton Investment Company STATE OF COUNTY OF atA(Yki On this day of U 2010, before me (OAL L the undersigned officer, personally appeared Sue Minto Edison, known to me (or satisfactorily proven) to be the person whose name is subscribed as President, of Minton Investment Company, and acknowledged that he /she, as such President, being authorized so to do, executed the foregoing instrument as the act of his /her principal for the purposes therein contained, by signing the name of the said Minton Investment Company by himself /herself as President. M commission ex•ires: WO# 1081823 A Pk NOTARY PUBLIC Notary Public in and for County Q) --4C Cok441-1 OFFICIAL SEAL TONETTE L HALL NOTARY PUBLIC OREGON COMMISSION NO. 434604 MY COMMISSION EXPIRES FEBRUARY 08, 2013 630 0 O co 631 0 F N 00 03 Ln a O f00i, 1004 0004SQ. aFEET. 00; (100' „,R1)