HomeMy WebLinkAbout955513STATE OF WYOMING
COUNTY OF LINCOLN
EASEMENT AGREEMENT
RECEIVED 9/15/2010 at 1:55 PM
RECEIVING 955513
BOOK: 753 PAGE: 649
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
FOR AND IN CONSIDERATION of the sum of Ten and No /100 Dollars ($10.00) and other good and
valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, Williams
Field Services Company, LLC a Delaware limited liability company hereinafter referred to as Grantor, does
hereby grant unto Mid America Pipeline Company, LLC a Delaware limited liability company, hereinafter
referred to as Grantee, its successors and assigns, a nonexclusive easement "Easement to, as applicable,
lay, maintain, inspect, alter, repair, operate, protect, replace, relay, and remove or abandon in place, in
Grantee's sole option, a) one Sixteen inch (16 pipeline together with an exclusive surface site, all for the
transportation of natural gas liquids thereof (all rights granted herein being collectively referred to as the
"Purpose referred to as the "Purpose upon, through and under the following described land, situated in
Lincoln County, State of Wyoming to wit:
WILLIAMS OPAL PLANT SITE:
183.866 acre parcel of land in Lot 37, Resurvey Township 21N-114W, described as being situate in
the NW Sec 27-21N-114W, Lincoln Co., WY. (the "Property
THE PIPELINE SHALL BE LAID IN ACCORDANCE WITH THE CENTERLINE
DESCRIPTION DESCRIBED AS EXHIBIT "A" AND THE PLAT DESCRIBED AS EXHIBIT
"B BOTH OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER WITH THE SURFACE SITE GRANTED HEREBY IS DESCRIBED ON
EXHIBIT "A" AND SHOWN ON EXHIBIT "B
000649
together with the rights of ingress and egress to and from said Easement over and across existing roads on
the Property for the Purpose. Any exi'Sting roads damaged by Grantee shall be repaired and left in the same
condition as before use, including, but not limited to grade, drainage, gravel base, and cattle guard, fence and
gate conditions. Grantor shall have the right to fully use and enjoy the Property except as to and consistent
with the rights granted herein.
Grantor shall not construct or permit to be constructed any house, structures or obstructions that
interfere with the construction, maintenance or operation of any pipeline or appurtenances constructed
hereunder, nor shall Grantor change the grade over such pipeline or appurtenances.
The Easement herein granted is subject to the following terms and conditions:
1. Grantee shall pay for damages to the fences, roads, premises, or improvements of Grantor or third
party(ies), caused by the construction, maintenance, operation, use or removal of Grantee's pipeline.
Grantee shall maintain a two foot clearance between its pipeline and any other existing pipelines located on
the described land.
2. Grantee agrees to bury its pipeline to a depth not less than forty eight (48) inches, measured from
the top of the pipeline to the average level of the original ground on the two sides of the ditch in which said
pipeline is laid and where said pipeline crosses an irrigation ditch or canal, the top of the pipeline shall be
EAEMENT TO OTHERS.doc (June 2010)
Doc# 58491.7
e006
buried at least forty eight (48) inches below the lowest point of the channel where said pipeline crosses
any such ditch or canal. Grantee shall place water bars on all slopes to protect against erosion.
3. Grantee shall provide Grantor with an as built centerline survey of Grantee's pipeline across the
Easement and made a part hereof. The beginning and ending points of the survey shall be tied to property
corners by angles and distance and tie points shown at every pole.
4. In the event Grantor determines, in its sole discretion, that its business or operations will require or
benefit from the use of any portion of the Easement, Grantee, at its sole risk and expense, shall relocate all
or any part of said pipeline, as applicable, within 120 days after notification from Grantor. In such event,
Grantor shall furnish Grantee with a suitable alternative right of way across the Property at no additional cost,
subject to the terms herein. Grantee agrees, in the event of such relocation request by Grantor, that it shall
restore the surface disturbed thereby as nearly as practicable to the condition thereof prior to the disturbance.
5. GRANTEE COVENANTS AND AGREES TO INDEMNIFY AND FOREVER HOLD GRANTOR
HARMLESS AGAINST EACH AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION THAT MAY BE
MADE OR COME AGAINST GRANTOR BY REASON OF OR IN ANY WAY ARISING OUT OF THE
PURPOSE, EXCEPT TO THE EXTENT SUCH CLAIM, DEMAND OR CAUSE OF ACTION ARISES OUT
OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR.
6. In the event Grantee abandons the rights granted herein, all rights granted herein shall terminate and
Grantee shall, at the written request of Grantor, execute a proper recordable instrument evidencing such
termination. The rights herein granted shall be deemed abandoned if: (a) Grantee does not construct its
pipeline within one (1) year from the date hereof; or (b) after completion of construction, Grantee's pipeline is
not maintained or operated at any time for a continuous period of two (2) years, excluding any period during
which the same is not maintained or operated because of any cause beyond the control of Grantee. Upon
termination of the rights herein granted, Grantee shall have the right to remove, or abandon the pipeline in
place or shall be required to remove if Grantor so requests in writing, its pipeline from the Easement.
7. After completion of construction and whenever repair or maintenance is made on its pipeline,
Grantee shall restore the ground disturbed thereby as nearly as reasonably practicable to the condition
thereof prior to the disturbance.
8. All exhibits referenced herein, unless otherwise noted, are attached hereto and made a part
hereof for all purposes.
9. No waiver of the provisions hereof shall be effective unless in writing and signed by the party to be
charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any
subsequent breach or default, either of a similar or dissimilar nature, unless expressly so stated in writing.
10. This Agreement is intended solely for the benefit of the parties hereto and shall not create any
rights, including without limitation any third party beneficiary rights, in any third party.
11. In the event any provision or any portion of any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable by reason of any law or public policy, such provision
or portion thereof shall be considered to be deleted, and the remainder of this Agreement shall constitute
the entire agreement between Grantor and Grantee covering the subject matter hereof.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of
Wyoming, without regard to conflicts of law principles that might apply the law of another jurisdiction.
13. This Agreement contains all of the agreements and stipulations between Grantor and Grantee with
EASEMENT TO OTHERS.doc (June 2010)
Doc# 58491.7 2
respect to the granting of the Easement, and the same shall inure to the benefit of and be binding upon
Grantor and Grantee and their respective successors and assigns. The rights herein may be assigned in
whole or in part; provided however, that Grantee shall first obtain the consent of Grantor before any
assignment is made to a non affiliate of Grantee. Said consent shall not be unreasonably withheld.
14. Any notice, request, instruction or other document to be given hereunder by either party to the
other shall be in writing, and delivered personally, by telecopy, by messenger or by certified mail, postage
prepaid, return receipt requested as follows:
If to Grantor, addressed to:
If to Grantee, addressed to:
WITNESSES: GRANTOR:
EASEMENT TO OTHERS.doc (June 2010)
Doc# 58491.7
Williams Field Services Company, LLC
Attention: Midstream Real Estate
P.O. Box 645
Tulsa, OK 74101 -0645
Mid America Pipeline Company LLC
1100 Louisiana Street
Houston, TX 77002
Either party may change its representative or the address to which notice shall be directed by appropriate
written notice to the other party in the manner described above.
15. Grantee shall notify Grantor on or before the seventh (7 day preceding any entry onto the
Property for any non emergency operations by the Grantee its agents or contractors in the event an
emergency requires that Grantee, it agents or contractors immediately enter the Property, Grantee shall
make all reasonable efforts to notify Grantor of such entry. In either case, such notification shall include
notification of the time of entry, the anticipated duration of entry, the location or locations of operations, the
type and number of equipment involved and the routes to be used from public roads to the location or
locations of the operations. Grantee shall comply with any reasonable request of Grantor to alter the
routes to be used from public roads to the location or locations of the operations.
16. There shall be no above ground installations or structures on the Easement, except markers
and /or cathodic testing stations at fence lines, roadway, streams or ditches, without the express written
consent of Grantor. This restriction shall not apply to the surface site delineated on Exhibits "A" and "B
upon which Grantee may place any and all structures, equipment and appurtenances it deems necessary
or desirable which are not in conflict with the Purpose hereof.
EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the _3rd_ day
of_September 2010_ (the "Effective Date
3
000651
WILLIAMS FIELD SERVICES COMPANY, LLC
By:
Title: _Attorney in Fact
WITNESSES:
STATE OF WYOMING
COUNTY OF SWEETWATER
GRANTEE:
MID AMERICA PIPELINE COMPANY(;
By: fief
Title: Orr W b (tUO tnlP,c.l
On this _3rd day of September_, 2010 before me Mandy Peterson, the undersigned officer,
personally appeared Brian Taylor, known to me (or satisfactorily proven) to be the person whose name is
subscribed as Attorney in Fact, of Williams Field Services Company, LLC, and acknowledged that he /she,
as such Attorney in Fact, 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 Williams Field
Services Company, LLC by himself /herself as Attorney in Fact.
INalt
OTARY PUBLIC
My expires:
EASEMENT TO OTHERS.doc (June 2010)
Doc# 58491.7 4
Notary Public in and for Sweetwater
County /Parish
NOTARY PUBLIC
MANDY PETERSON
STATE OF WYOMING
COUNTY OF SWEETWATER
mission Expires June 03, 2012
STATE OF WYOMING
COUNTY OF SWEETWATER
My c miss on expires:
ti �g�c90
On this 3rd day of September, 2010, before me Sandra Taylor the undersigned officer, personally
appeared Michael A. Todd, known to me (or satisfactorily proven) to be the person whose name is
subscribed as Agent and Attorney in Fact of Mid America Pipeline Company, LLC, and acknowledged that
he /she, as such Agent and Attorney in Fact, 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 Mid America
Pipeline Company, LLC by himself /herself as Age -nd Attorney inac
EASEMENT TO OTHERS.doc (June 2010)
Doc# 58491.7 5
PUBLIC
o -ry Public in and for Sweetwater
County
SANDRA TAYLOR
Notary Public
Sweetwater County
Wyoming
My Commission Expires 9
)O 65
‚IFC SUf7VEYORS
August 25 2010
Identification:
EXHIBIT "A"
Legal Description
Enterprise Co.
Section 27, T 21 N, R 114 W, 6th P.M.,
Lincoln County, Wyoming.
Owner: Williams Field Services Company, LLC
JFC File: 8360 -10S
1515 NINTH STREET, SUITE A
ROCK SPRINGS, WYOMING 82901
PHONE (307) 362 -7519
FAX: (307) 362 -7569
E -MAIL: mail@ffc-wyo.com
A strip of land being 50 feet in width located in Lot 37 of Section 27, Resurvey Township 21 North,
Range 114 West of the Sixth Principal Meridian, Sweetwater County, Wyo g and lying 25 feet each
side of the following described centerline:
Beginning at P.L Station: 13 +93.58 which lies South 03 °12'09" East a distance of 2081.98 feet from the
Northeast Corner of said Section 28;
Thence South 83 °51'45" East for a distance of 60.15 feet to PI 5B Station: 14 +53.73;
Thence North 33 °38'50" East for a distance of 169.09 feet to E.O.S. Station: 16 +22.82 from which the
Northeast Corner of said Section 28 bears North 07 °54'00" West a distance of 1963.03 feet.
The total length of described centerline is 229.24 feet, or 13.893 rods, or 0.043 miles. The basis of
bearing for the above described centerline is based upon True North Derived from GPS.
INCLUDING RECEIVER SITE:
A piece, parcel or tract of land located in Lot 37 of Section 27, Resurvey Township 21 North, Range 114
West of the Sixth Principal Meridian, Sweetwater County, Wyoming and being more particularly
described as follows:
Beginning at E.O.S Station: 16 +22.82 which lies South 07 °54'00" East a distance of 1963.03 feet from
the Northwest corner of said Section 27;
Thence South 58 °17'04" East for a distance of 20.0';
Thence South 31 °42'56" West for a distance of 15.0';
Thence North 58 °17'04" West for a distance of 40.0';
Thence North 31 °42'56" East for a distance of 15.0';
Thence South 58 °17'04" East for a distance of 20.0' to E.O.S Station: 16 +22.82.
The above described tract contains an area of 0.014 acres, more or less and is subject to any rights -of -way
and /or easements which have been legally acquired. The basis of bearing for said parcel is based upon
True North Derived from GPS.
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f &654
1515 N /NTH STREET
PROPOSED MAPL —OPPL OPAL CONNECTION
SECTION 27, T21 N, R114W
SUBLETTE COUNTY, WYOMNG
C� ROCK SP/f/NGS, J r 82901
(dFCIs uRvEYoRs PHON£ (JO7) 362 -7519
FAX07� 362 -7569
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Dm BY: JLD
SCALE:
AS NOTED
P R I VAT E
DATE: 7/9/2010
NE COR.
SEC. 28
(PIPE)
*Bearings shown are
based upon true north
derived from GPS.
NE COR.
SEC. 28
(PIPE)
DRAINAGE DITCH: 12 +91
MAPL PIPELINE: 13 +64 1
P.L. STA: 13 +93.58
SECTION 27 (LOT 3)
BLM
(1 15.77 L.F.)
N
O
co
i0
CENTERLINE SURVEY
ENTERPRISE MAPL —OPPL
OPAL CONNECTION
PIPELINE
SCALE: 1" 50'
SECTION 27. T2111. R114W
Exhibit B
�'YOMlN'
Ke wides below.
Call bererom 64
RIGHT— OF— WAY 'UNE
q. SURVEY
RIGHT —OF —WAY UNE
i f NOSCA
i
PROPOSED RECEIVER SITE 600 SQ. FEET.
E.O.S. STA: 16 +22.82
TIE INTO ONEOK FACILITY
LAT: 41.772804'N
LONG: 110.345277'W
PROPOSED RECEIVER SITE: 16 +67.82
(20' LT RT)
c
//7/7
C is 65
TOTAL LENGTH OF RIGHT —OF —WAY
ACROSS WILLIAMS GAS PROCESSING
LANDS AMOUNTS TO 229.24 FEET,
13.893 RODS OR 0.043 MILES.
RIGHT —OF —WAY DETAIL ONEOK
FACILITY
SITE
PROPOSED
REIVE
16 +CE22.8R 2 SITE:
`(20' LT RT)
RC (D RE —ROUTE
PI 58 STA: 14 +53.73
SECTION 27
BARB WIRE FENCE: 14 +02 WILLIAMS G A S P R OCE SSING
2 229.2 L. F.) PROCESSING
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in