Loading...
HomeMy WebLinkAbout956711RIGHT -OF -WAY AGREEMENT STATE OF WYOMING COUNTY OF LINCOLN KNOW ALL MEN BY THESE PRESENTS, THAT: 000128 This Right -of -Way Agreement (this "Agreement") is made effective as of the 12 day of October, 2010, by and between: CLOUDVEIL RANCHES, L.L.C., a Wyoming limited liability company, whose address is P.O. Box 40, Jackson, Wyoming 83001 (the "Grantor who, for and in consideration of TEN AND NO /100 ($10.00) Dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged does hereby grant, bargain, sell and convey unto MRC ROCKIES COMPANY and Matador Production Company, wholly owned subsidiaries of Matador Resources Company, a Texas corporation, whose address is One Lincoln Centre, 5400 LBJ Freeway, Suite 1500, Dallas, Texas 75240 (the "Grantee its successors and assigns, a non exclusive Fifty (50) foot right -of -way, servitude and easement (the "Right -of- Way") for the purpose of ingress, egress, constructing, improving and utilizing an access road, laying, constructing, maintaining, operating, repairing, replacing, protecting, inspecting, changing the size of and removing or abandoning in place Two (2) pipeline(s) (hereinafter collectively the "Pipeline and appurtenances thereto, including, but not limited to block valves, vents, meters, cathodic protection, aerial markers, appliances and data communication equipment (collectively, the "Appurtenances for the access to a drilling location and transportation of oil, gas, petroleum products or any other liquids, gases or other substances which can be transported through pipelines, over, under, upon, through and across the following described lands owned by Grantor in Lincoln County, State of Wyoming (the "Subject Lands to wit: SEE ATTACHED EXHIBIT "A" SURVEY PLAT FOR COMPLETE DESCRIPTION; and TO HAVE AND TO HOLD unto Grantee, its successors and assigns, the Right of -Way for the purposes herein granted, forever. This Agreement is made and granted subject to the following terms and conditions: MRC General ROW (WY) 02/2009 RECEIVED 11/12/2010 at 3:01 PM RECEIVING 956711 BOOK: 757 PAGE: 128 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1. Grantee shall have the rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted including, without limitation, the free right of ingress and egress over and across the Subject Lands to and from the Right -of- Way. 000129 2. For so long as may be necessary to construct, maintain, repair, replace or remove the Pipeline, Grantor hereby grants Grantee a temporary right -of -way, servitude and easement to use an additional strip of land Fifteen (15) feet in width adjacent to the permanent Right -of -Way. At such locations as roads, streams, ditches, or specific areas which require more difficult installation procedures, Grantee shall have such additional temporary work space as is reasonably required during operations to construct, maintain, repair or replace the Pipeline. 3. Grantee shall have the right from time to time to trim, cut, clear, clean destroy and remove any and all trees, timber, bushes, undergrowth and any and all other obstructions from the Right -of -Way which may endanger or interfere with the construction, operation or maintenance of the Road or Pipeline or its Appurtenances. Grantee shall also install signage visible from the entrance to the Right -of -Way at the County road indicating that the surface estate is privately owned and that there shall be no trespassing allowed. 6. Grantee shall, as applicable, repair or pay Grantor for any actual damage to timber, crops, pastures, fences, roads, gates, premises or any other improvements on the Subject Land caused by Grantee's operations conducted under this Agreement. 7. After completion of construction of and whenever repair or maintenance is made on the Pipeline, Grantee shall restore the ground disturbed thereby as nearly as practicable to its condition immediately prior to the disturbance. 8. Grantee agrees to protect, indemnify, defend and hold Grantor, its successors and assigns, harmless from and against any claims, demands, losses, suits, costs, expenses and liabilities relating to injury to or death of persons and /or damage to or loss of property which are caused by Grantee's negligence or willful misconduct in the construction, operation or maintenance of the Right of Way. 9. This Agreement shall be binding upon and inure to the benefit of the Grantor and the Grantee and their respective successors and assigns. 10. This Agreement constitutes the entire agreement among the parties and supersedes any prior or contemporaneous understanding or agreement with respect to the transactions contemplated. It may be amended only by a written instrument executed by all of the parties to it. 11. Grantor shall execute and deliver to Grantee any additional documents or instruments as are reasonably necessary to carry out the purposes of this Agreement. MRC General ROW (WY) 02/2009 Grantor acknowledges and affirms that it is duly authorized to do business in the State of Wyoming and that it has authority to execute this binding agreement. ,.Ou130 12. This Agreement may be executed in multiple counterparts, each of which shall constitute a valid and binding grant by the signatory party. Each of the undersigned agrees that the pages containing their respective signatures and notarial acknowledgments may be combined with the pages containing the signatures and notarial acknowledgements of each other party and attached to a single original instrument of this Agreement which may be filed for recordation in the public records. IN WITNESS WHEREOF, Grantor has executed this Agreement on this 12th day of October, 2010. WITNESSES: Print Name: Print Name: STATE OF WYOMING COUNTY OF TETON ANN SCHROEDER Wyoming Not( ry Public, County of Teton My Commission h Expires 1, 2012 On this 12th day of October, 2010, before me personally came and appeared Bret F. King, to me personally known, who, being duly sworn, did say that he /she is the Manager of Cloudveil Ranches, L.L.C., a Wyoming limited liability company, and that the foregoing instrument was signed and delivered on behalf of the corporation by authority of its Members and that he /she acknowledged the instrument to be the free act and deed of the company. My Commission Expires: ,3 /31 f i Z MRC General ROW (WY) 02/2009 GRANTOR: dveil Ranches LLC IN WITNESS WHEREOF, Grantee has executed this Agreement on this 26th day of October, 2010. WITNESSES: GRANTEE: MRC ROCKIES COMPANY By: 1 i. Print Name: Name: D avid E. Lai ster Title: Executive Vice Preside Print Naine: STATE OF TEXAS COUNTY OF DALLAS On this 26th day of October, 2010, before me personally came and appeared DAVID E. LANCASTER, to me personally known, who, being duly sworn, did say that he is the Executive Vice President of MRC Rockies and Matador Production Company, wholly owned subsidiaries of Matador Resources Company, a Texas corporation, and that the foregoing instrument was signed and delivered on behalf of the corporation by authority of its Board of Directors and that he acknowledged the instrument to be the free act and deed of the corporation. DIANE E. STRICKLING MY COMMISSION EXPIRES February 13, 2014 MRC General ROW (WY) 02/2009 NOTARY PUBLIC in and for said County and State Printed Name: /4A E ,s/r, c��'r✓6 My Commission Expires: .2. e20 �f Ou131 NUMBER DIRECTION DISTANCE LI S 76'28'02' E 75.08' 12 S 66'32'54' E 242.19' 606 EXHIBIT "A" Attached to and made a part of that certain Right -of -Way Agreement dated October 12, 2010 by and between Cloudveil Ranches, L.L.C., as Grantor, and Matador Resources Company, Matador Production Company and MRC Rockies Company as Grantee. SCALE 500' 0 SICHONOy TDWNSIlln J NORM RANGE II9WEST, ofd 6fbEfti S 88'27'20' E 514430' \Ol. �s SIN rso6 1 1 2 I 36_1„,___ LOT 1 �9'� LOT I! !OT 10 I.° 7 '5 9' a 64t7,g 1 LOT 9 1 1000' 1000' tee e YA/Z,Z/Z1:11/ 0 LOT 22 Lor g 1 WYOM /NG 0 r I STATE OF COUNTY OF LINCOLN APPARENT o w. t vEi z sH n P: CLOUDVEIL RANCH LLC. Di a FOUND MONUMENT SECTION CORNER coo FOUND MONUMENT QUARTER CORNER PROJECTED CORNER A MONUMENT FOUND IN PREVIOUS SURVEY DATUM SPCS WYWC (NAG 27) DRAWN: 8H1l10 -JMB REVISED: NA LOT 18 LOT i9 STATEMENT OF SURVEYOR CLEMENT R. WILLIAMS STATES HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY TETRA TECH TO MAKE A SURVEY OF THE CENTERLINE OF A PROPOSED ROAD RIGHT -OF -WAY AS DESCRIBED AND SHOWN HEREON; THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY. COMMENCING ON THE 61h DAY OF AUGUST. 2010: AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS PLAT Total R —O —W Width__, .Q _Feet, 2J Left of Centerline. 317.27 Feet,_ 0.364 Acres. RIFFIN ASSOCIATES, INC. .mixer l4i4 ELK St, ROCK SPRINGS, WY 02901 SCALE 1' =1000' ORGJOBNo.18064 EXHIBITA LOT 24 LOT is TRACT 75 A MAP SHOWING A PROPOSED ROAD RIGEIT -OF -WAY PREPARED FOR: MATADOR RESOURCES