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HomeMy WebLinkAbout959182WHEN RECORDED MAIL TO: Questar Gas Company P.O. Box 45360, Right -of -way Salt Lake City, UT 84145 -0360 7082kemmerer.cc; RWO1 Thence North 23 °49'46" East, 35.61 feet; Thence North 12 °59'02" East, 43.57 feet; Thence North 06 °34'25" East, 142.39 feet; Kemm•rerllandWasemenlrlOVe{la• ROW i.11 Page 1 of 3 Space above for County Recorder's use PARCEL I.D.# NON EXCLUSIVE RIGHT -OF -WAY AND EASEMENT AGREEMENT WY 05351 This agreement is made this day of r 'Cd 20t, between the CITY OF KEMMERER, a Wyoming Municipality of 220 Wyoming Highway 233, Kemmerer, State of Wyoming 83101, Grantor, and QUESTAR GAS COMPANY, a corporation of the State of Utah, registered to do business in the State of Wyoming of P.O. Box 45360, Salt Lake City, State of Utah 84145, Grantee. In consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Grantor does hereby grant and convey to Grantee, its successors and assigns, a non exclusive right -of -way and easement thirty (30) feet in width for the specific purpose of laying, maintaining, operating, repairing, inspecting, protecting, removing and replacing a pipeline, valves, valve boxes and other local ghs transmission lines, subject to the limitations provided herein below, so long as it is directly associated with and provides only for distribution facilities within the Kemmerer /Diamondville/Frontier area (hereinafter collectively called "facilities said right -of -way being situated in the County of Lincoln, State of Wyoming, and more particularly described as follows, to -wit: A strip of land, thirty (30) feet in width, within Tract No. 59 and Section 13 of the Resurvey of T2 IN, R116W, Lincoln County, Wyoming, and within that tract of record as Parcel II in the Office of the Clerk of Lincoln County in Book 325 of Photostatic Records of page 43, fifteen (15) feet each side of the following described centerline: BEGINNING at a position on the southwest line of said Tract in Book 325, North 37 °17'25" West, 19.20 feet, of the most south point of said Tract; Thence North 04 °11'54" East, 80.14 feet to a north line of said Tract in Book 325 identical in part with the south right-of-way line of Spinel Street in the Willow Addition to the Town of Kemmerer; The BASIS OF BEARING being North 89 °31'41" West, along the line between Corner No. 2 of Tract No. 60 and Corner No. 4 of Tract No. 53 of said Resurvey as shown on Exhibit A attached hereto. TO HAVE AND TO HOLD the same unto said QUESTAR GAS COMPANY, its successors and assigns, so long as such facilities shall be maintained, with the right of ingress and egress to and from said non exclusive right -of -way to maintain, operate, repair, inspect, protect, remove and replace the same. During temporary periods, Grantee may use the smallest portion of the property owned by Grantor immediately adjacent to the non exclusive thirty (30) foot right -of -way and easement at each specific time that is necessary to perform a specific task along and adjacent to said right -of -way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. Grantor specifically retains the right to use the precise non- exclusive right -of -way as identified above in the manner described herein below; the right to allow others to use the same right -of -way so long as said use does not interfere with the use of Grantee allowed by this agreement; and further retains the rights to use, transfer, sell and dispose of all O4O !SS RECEIVED 5/5/2011 at 1:58 PM RECEIVING 959182 BOOK: 766 PAGE: 355 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, \NY property adjacent to and outside the specifically defined non exclusive right-of-way as Grantor may so determine without any limitation or burden being placed thereon by this agreement. Grantee shall begin restoration on the right -of -way and easement and all work areas whenever used. That includes but is not limited to restoration of the work areas used for ingress and egress and boring immediately upon completion of construction, maintenance, repair, removal or replacement. Whether restoration can or cannot be completed before winter of 2010 or any winter thereafter, Grantee shall undertake action to preserve, compact and cover all areas disturbed in any way so that Grantor may use those areas for plowing and storing snow in the upcoming winter and recognizing that runoff will occur in the spring. Specifically, such preservation, compaction and coverage shall be such that soils and seeds will not be transported into the rivers or streams when the spring runoff occurs nor into the streets, public ways, street drains, sewers or other areas where runoff may occur. Moreover, Grantee is aware that the right -of -way and easement as well as areas that may be used for ingress, egress and work areas is or may be in a wetland area and shall take all precautions to comply with all applicable rules and regulations associated therewith. Restoration shall include preservation and reuse of all topsoil and reseeding. Such reseeding shall occur no later than May 1, 2011 unless impossible due to high water or excessively wet soil conditions in such case restoration shall occur within ten (10) days of conditions being such that restoration can occur. If any alkali soil becomes present as a result of activity of Grantee so vegetation cannot grow or is unsustainable, Grantee shall remove said alkali soil and replace it with top soil sufficient to sustain the vegetation. All soil in the construction area shall be left free of any stones or piles of dirt larger than those surrounding the disturbed areas and said soil shall be leveled and compacted. If settling occurs, Grantee shall return and level and compact any areas so affected. By accepting this non- exclusive right -of -way and easement, Grantee agrees that it shall not ever install any installations, including but not limited to valves, valve boxes, cathodic protection, meters, or pipes so as to be present on the surface of the ground within the right -of -way and easement. Nor shall Grantee have the right to fence the whole or any part of the non exclusive right of -way and easement. Grantee may place pipeline location markers as necessary recognizing that Grantor will continue to use said property for snow disposal as described below. All installations, valves, valve boxes, meters, pipes and other materials permitted to be placed within the non- exclusive right -of -way and easement granted by this agreement shall be buried no less than four (4) feet below the lowest point of the surface of the ground. Grantor shall not build or construct, nor permit to be built or constructed, any building or other improvement over or across the precise non exclusive right -of -way identified above, nor change the contour thereof, without the written consent of Grantee, except Grantor specifically reserves and Grantee specifically recognizes that Grantor shall continue to be entitled to push and /or plow snow onto this property from city streets and/or dump snow onto this property from city streets. Within six (6) months of the date on which Grantor executes this non exclusive right -of -way and easement agreement, Grantor shall record in the Office of the Lincoln County Clerk, a certified plat that is completed by a registered Wyoming land surveyor detailing the exact location of the pipeline and all items appurtenant thereto as built and each item's location within the right of way. A copy of that recorded plat, shall be provided to Grantor within the same time. Failure to record said certified plat within the described time shall void this right -of -way and easement agreement. Grantee agrees to pay Grantor for all damages suffered by Grantor as a result of the exercise by Grantee of rights granted herein and specifically agrees to pay Grantor for any damages to improvements as a result of Grantor exercising its rights granted by this right -of -way and easement. This paragraph shall survive the abandonment, release and termination of the agreement. In the event that an authorized governmental agency or court orders Grantee to remove hazardous wastes from the easement area or the facilities arising out of Grantee's construction, operation and maintenance or abandonment of the facilities, Grantee will indemnify, defend and hold harmless Grantor from and against any and all costs, including but not limited to any legal defense costs associated with legal or administrative proceedings concerning any related allegations, costs arising from the clean-up and remediation set forth is said orders or decisions. Grantee Kemmerer\landWafementeRtu•erar ROW 1.11 Page 2 of 3 000356 000357 reserves the right to select its attorneys in such proceedings and control all legal proceedings. This paragraph shall survive the abandonment, release and termination of the agreement. Grantee shall indemnify, defend and hold harmless Grantor from and against any and all loss, damage or injury which results from the construction, operation and maintenance of the pipeline and all facilities appurtenant thereto. Grantee reserves the right to select its attorneys in any legal proceedings and control those proceedings. This paragraph shall survive the abandonment, release and termination of the agreement. Grantor is a governmental entity and it specifically retains and preserves all immunities granted it by law. This is the entire agreement of the parties. This agreement is not an amendment to or of any prior easement and is independent of any and all other easements. It may only be revised in writing signed by both parties. This non exclusive right -of -way and easement agreement shall be binding upon the heirs, legal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Parties have executed this agreement the day and year first 'written above. CITY OF KEMMERER V, ATTEST: Glenda Young, Clerk 'gTATE OF WYOMING COUNTY OF LINCOLN On the y tc7 day of a Y� kl 2011 personally appeared before me Zem Hopkins and Glenda Young who, being duly sworn, did say that they are the Mayor and Clerk, respectively, of the City of Kemmerer, and that the foregoing instrument was signed on behalf of said municipal corporation by authority of its City Council, and said Zem Hopkins and Glenda Young acknowledged to me that said municipaal orporatio n u duly t d the same. Natasia Diers Notary Public County of Lincoln State of Wyoming My Commission Expires -b STATE OF UTAH ss. COUNTY OF Sa I f lake.- On the III day of ,i9✓ 20 /1 personally appeared before me C R. 41a 1 k". who, being duly sworn, did say that he /she is the &ei44Vg trail of the Questar Gas Company, and that the foregoing instrument was signed on behalf of said corporation by authority of a resolution of its Board of Directors or its Bylaws, and said C, /L, ,�,4 ((iti" acknowledged to me that said corporation duly executed the same. CHRIS B. BALUNG Notary Public State of Utah My Commission Expires on: March 19, 3013 Comm. Number: 578055 KenrnlendUe uest ROW I.� (SEAL) ss. By: By. C.K. Blair, General Manager Engineering Project Management y//,, ecue /END N ry Public My Commission Expires: a QUESTAR GAS COMPANY By: Page 3 of 3 Hopkins, ayo I. tOsis 7i eYs YeaSwrelr rmt na Title) Notary Public My Commission Expires: 3 //?/3 ASPEN STREET H Commission :?A/r• September 2.10; Rev a tt i 2 4 BY $cott A. Scherb CALC.'1/ 47EO 8Y___AJiQ Pear fLO a0oK' C04/, °G7LrP Eta Questor Kmer Exh 12.8,10.pro tie o' CA N TERLJN AS LINE X N OF 30, A SEMEN T CITY OF KEMMERER 323PR43 -49 (PARCEL II) V O1? Sc Ra4F.E, 2 T. PROF /cW,lL b14'9 SUR10/085 50K 96 8/ P /NEY- MAR5LfT04 /YY 7EL.276-- •147 BOX 725 4P7ON, N'Y 02. 885 9310,,' ALP /NE, IVY 02. 654 93/.9; .JACKSON, WY 7F2.7JY -590:T LAVA, /0 .72.716 CERTIFICATE OF SURVEYOR STATE OF WYOMING COUNTY OF SUBLETTE f, Scott A. Scherbel of Big Piney. Wyoming hereby certify that this lot was mode from notes taken during an actual survey made by Jim Dean under my supervision, and from records in the Office of the Clerk of Lincoln County and that it correctly represents that survey and those records. S S— The foregoing instrument was acknowledged before me by Scott A. Scherbel this 21st day of March, 2011. ,Af,,t;N ,r COUP( SWUM Witness my hand and official seal. Notary Public expires: 3 otc. 2, 1() LEGAL DESCRIPTION A strip of land, thirty (30) feet in width, within Tract No. 59 and Section 13 of the Resurvey of T21N, R116W, Lincoln County, Wyoming, and within that tract of record as Parcel II In the Office of the Clerk of Lincoln County in Book 325 of Photostatic Records on page 43, fifteen (15) feet each side of the following described centerline: BEGINNING at o position on the southwest line of sold Tract in Book 325, N3717'25 "W, 19.20', of the most south point of said Tract; Thence N23'49'46 "E, 35.61'; Thence N12 "59'02 "E 43.57'; Thence N06'34'25 "E 142.39'; Thence N0411'54 "E 80.14' to a north line of said Tract in Book 325 identical in part with the south right -of -way line of Spinel Street in the Willow Addition to the Town of Kemmerer, The BASIS OF BEARING being N89'31'41 "W, along the line between Corner No. 2 of Tract No. 60 and Corner No.4 of Tract No. 53 of said Resurvey. STATF r? SCALE 1" 50' v v J3 L EGE2V l 0 indicates a survey monument found. Indicates a calculated position, with no monument found or set, The BASIS OF BEARING being N89'31'41 "W, along the line between Corner No. 2 of Tract No. 60 and Corner No. 4 of Tract No. 53 of sold Resurvey MAF OF QUESTAR GAS LINE BASE' WITHIN KEMMERER TRACT rF TRACT NO. 59 AND SECTION 13 T21N R116W .LINCOLN COUNTY, 'WYOMING Cowl 0 2010 by Surveyor f..3 therbel LTD. AU rights reserved.