HomeMy WebLinkAbout956711RIGHT -OF -WAY AGREEMENT
STATE OF WYOMING
COUNTY OF LINCOLN
KNOW ALL MEN BY THESE PRESENTS, THAT:
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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.
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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