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Home My WebLink About960377STATE OF WYOMING COUNTY OF LINCOLN EASEMENT AND RIGHT -OF -WAY AGREEMENT D02911 KNOW ALL PERSONS BY THESE PRESENTS: 000506 IS EASEMENT AND RIGHT —OF -WAY AGREEMENT "Easement is made this day of 2011, between UINTA DEVELOPMENT COMPANY, a corporation of the State of yiY` 'ng, hose address is P. O. Box 1330, Houston, Texas 77251, Grantor, and FISHHOOK LAND, LC, a limited liability company of the State of Wyoming whose address is 409 Eagle Lane, Lyman, Wyoming 82937, Grantee. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) (waived) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted and conveyed, and by these presents does grant and convey unto Grantee, and unto its successors and assigns, an easement and right -of -way for the construction, operation, maintenance, repair, renewal, reconstruction, removal and use of a road with necessary appurtenances thereto, upon, under and over the surface of the land situated in the County of Lincoln, State of Wyoming, described in Exhibit "A (hereinafter called "Premises attached and made a part hereof, together with the right of ingress and egress to and from said land for the purpose of exercising the rights herein granted. RESERVING, however, to Grantor, its successors and assigns, the right to construct at any and all times and to maintain any structures or facilities on, over or under the Premises including, but not limited to, roads, highways, pipelines and telephone, telegraph and electric power poles and wire lines, over, under and across (but in such a way as not unreasonably to interfere with) said Grantee's use of the Premises; it being understood that the right so reserved to Grantor, its successors and assigns, is retained along with the general right of Grantor, its successors and assigns, to the use of the Premises for any purpose not inconsistent with the use by Grantee of said Easement for the purposes herein defined. The Easement granted hereby and the Premises described in Exhibit "A" is for a 3.936 acre parcel of land, more or less. This Easement is made subject to all outstanding leases and other rights, including, but not limited to, those for highways and other roadways and rights of way for irrigation ditches, pipelines, poles and wire lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person which may affect the Premises, whether recorded or unrecorded, and is made without covenant of title, condition, suitability for purpose or for quiet enjoyment. All operations hereunder shall be conducted at the sole risk and expense of Grantee and in compliance with all applicable federal, state, county and municipal laws, rules, ordinances and regulations. If, as a result of Grantee's operations upon or use of said Premises hereunder, any statute, law, ordinance, rule, regulation or requirement is violated, Grantee shall protect, save harmless, defend and indemnify Grantor, its officers, employees and /or agents, against and from any and all penalties, fines, costs and expenses, including court costs and attorney's fees, imposed upon or incurred by Grantor, its officers, employees and /or agents, resulting from, or connected with, such violation and /or violations. Grantee shall not suffer or permit any mechanic's lien, or other lien, to be filed against said Premises or any part thereof, by reason of work, labor, services, or materials supplied, or claimed to have been supplied, to Grantee, or anyone claiming under Grantee. If any such mechanic's lien, or other lien, shall at any time be filed against said Premises, Grantee shall cause the same to be discharged of record within thirty (30) days of the date of filing the same, and if Grantee shall fail to discharge such lien within such period, then Grantor may, at its option, discharge the same by paying the amount claimed to be due without inquiry into the validity of the same and Grantee shall thereupon reimburse Grantor within thirty (30) days for any payment so made. Should Grantee fail to make any such payment when due, Grantee shall be deemed to be in material default of the Easement; whereupon Grantor may terminate this Easement without any liability to Grantee as a result by written notice to Grantee at the address provided herein. Such termination shall be effective upon receipt by Grantee and shall not limit Grantor's ability to pursue any and all other remedies available to it either in law or equity. If Grantee's use of the Premises shall include any regulated hazardous waste activities, Grantee shall first obtain the written permission of Grantor and then shall obtain a hazardous waste permit from the EPA and all other required permits from the appropriate state, local or federal agency and shall provide copy of same to Grantor. Grantee, for itself, its successors and assigns, by the acceptance of this Easement, agrees to indemnify and hold harmless Grantor and its affiliates, their officers, agents, employees, successors or assigns, against and from any and all liability, Toss, damage, claims, demands, actions, causes of action, fines, penalties, costs and expenses of whatsoever nature, including attorney's fees and court costs, which may result from personal injury to or death of persons whomsoever, or damage to or loss or destruction of property or the environment, including the Premises, and including environmental claims, natural resource damage claims, claims for environmental violations, environmental noncompliance, or environmental releases pursuant to the Solid Waste Disposal Act, as RECEIVED 8/4/2011 at 1:15 PM 1 RECEIVING 960377 BOOK: 770 PAGE: 506 JEANNE WAGNER OOO5O 7 amended by the Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Superfund Amendments and Reauthorization Act (SARA), the Toxic Substance Control Act (TSCA), the Hazardous Materials Transportation Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Safe Drinking Water Act, Occupational Safety and Health laws, and regulations pursuant thereto or to their state statutory or regulatory counterparts /equivalents, or growing out of interference with the proper operation of signal, telephone or telegraph lines, or other electrically operated devices or appurtenances of Grantor or its affiliates, or of its or their tenants, when such personal injury, death, loss, destruction or damage, howsoever caused, grows out of or arises from or in connection with the construction, operation, maintenance, repair, renewal, reconstruction, removal or use of said Premises or from electric current conducted thereon or escaping therefrom, unless caused by the gross negligence or willful misconduct of Grantor or any of its affiliates or any of its or their officers, employees and /or agents. The term "affiliate" (or "affiliates" as the case may be) as used herein means any corporation which directly or indirectly controls, or is controlled by, or is under common control with Grantor. Grantee shall not assign this Easement, or any interest therein, without the prior written consent of Grantor, which consent shall not be unreasonably withheld. Subject to the foregoing, the terms and conditions of this grant shall be applicable to Grantee, its successors and assigns. This Easement shall remain in effect until released by a recordable instrument or abandoned by GRANTEE. For the purposes of this Easement, abandonment shall be defined as non -use of the Premises or any portion thereof for the uses heretofore stated for the period of one (1) year. In the event of abandonment of the Prerises, or any portion thereof, either by non -use or otherwise, all rights herein granted shall cease and terminate with respect to the premises so abandoned, and Grantee, its successors or assigns, shall deliver to Grantor a recordable instrument evidencing that the title to the Premises so abandoned is free and clear of said Easement as well as any liens, encumbrances, clouds upon or defects in the title to said Premises created or permitted to be created by Grantee, its successors or assigns. Termination of the rights granted hereunder shall not relieve Grantee, its successors and assigns from compliance with the covenants and agreements contained herein. If Grantor notifies Grantee in writing that the Easement has been terminated or abandoned, it may require Grantee to remove some or all of the property of Grantee from the Premises. Within sixty (60) days of such abandonment or termination notice, Grantee will remove all property described in the notice. If Grantee fails to remove any such property, Grantor may remove the same at the expense of Grantee and without any liability of any kind to Grantee UINTA DEVELOPMENT COMPANY. 04. nn Byroad Its: Agent and Attorney -In -Fact FISH7 LA LC By: Name: J. 1a,k 4/e S r"v7 Title: �Jito�.,z.�s /i'1�! 2 LG STATE OF TEXAS COUNTY OF MONTGOMERY The foregoing instrument was acknowledged before me this day of 2011, by Jane Ann Byroad Agent and Attorney -In -Fact of Uinta Development CJmpany. WITNESS my hand and official seal. My commission expires: 0` 1 a` 1'1,. SUZANN TURNER My Commission Expires August 10, 2012 (SEAL) STATE OF WYOMING COUNTY OF (SEAL) ss: ss: The foregoing instrument was acknowledged before me this -Qb day of3.' 2011, by --eiNC `Ce: ;ate as \3 of Fishhook Land, LC. WITNESS my hared and official seal. My commission expires: \S A X Notary- Public i,i USA i.:. REIS r..,...., NOTARY PUBLIC L i c ounty of f Stain of Uinta Wyoming 9. i ,y Commission -xpi s 3 000508 LG REFERENCE DRAWING No.17439 (EXHIBIT A) Exhibit A LEGAL DESCRIPTION OF A PROPOSED ROAD RIGHT -OF -WAY ACROSS UINTA DEVELOPMENT COMPANY LANDS MAY 1, 2009 000509 17439 -A ROAD A STRIP OF LAND, 50.00 FEET IN WIDTH FOR A PROPOSED ROAD RIGHT -OF -WAY, ALL SITUATED WITHIN THE SOUTH HALF OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY AND SWEETWATER COUNTY, WYOMING, THE BOUNDARIES THEREOF BEING 25.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 2, 3,10 AND 11, TOWNSHIP 19 NORTH, RANGE 112 WEST, 6 PRINCIPAL MERIDIAN, SWEETWATER COUNTY, WYOMING, BEING A BRASS CAP AND IRON PIPE MONUMENT, THENCE NORTH 89 °06'50" WEST, 1,546.57 FEET TO THE POINT OF BEGINNING, A POINT ON THE SOUTHERLY BOUNDARY OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 44 °52'43" WEST, 323.06 FEET; THENCE NORTH 76 °03'03" WEST, 716.25 FEET; THENCE SOUTH 85 °04'30" WEST, 135.92 FEET; THENCE SOUTH 74 °59'04" WEST, 529.18 FEET; THENCE SOUTH 82 °19'27" WEST, 309.10 FEET; THENCE NORTH 81°49'24" WEST, 1,415.84 FEET TO THE POINT OF TERMINUS, NORTH 79°44'51" WEST 2,225.32 FEET FROM THE QUARTER SECTION CORNER COMMON TO SECTIONS 3 AND 10, TOWNSHIP 19 NORTH, RANGE 112 WEST, 6 PRINCIPAL MERIDIAN, LINCOLN COUNTY AND SWEETWATER COUNTY, WYOMING, BEING A BRASS CAP AND IRON PIPE MONUMENT. THE TOTAL LENGTH OF THE PROPOSED ROAD RIGHT -OF -WAY ACROSS UINTA DEVELOPMENT COMPANY LANDS AS DESCRIBED ABOVE IS 3,429.35 FEET OR 207.84 RODS, CONTAINING 3.936 ACRES, MORE OR LESS. NUMBER DIRECTI N DISTANCE Li N 4452'43' W 32306' L2 N 7603'03' W 716.25' L3 S 85'04'30' W 135.92' L4 S 7459'04' W 529,18' L5 S 8219'27' W 309.10' L6 N 81°49'24' W 1415.84' SCALE 500' 0 1" 1000' 1000' 111111111•111111111111■11 STATE OF WYOMING COUNTY OF LINCOLN COUNTY OF SWEETWATER APPAREIVT OWNERSHIP: UINTA DEVELOPMENT ca FOUND MONUMENT SECTION CORNER z FOUND MONUMENT QUARTER CORNER PROJECTED CORNER A MONUMENT FOUND IN PREVIOUS SURVEY log7)362-5028 DATUM SPCS WYWC (NAD 27) Total R-0— W Width 50 Feet, 25 Left, 25 Right of Centerline. 3429.35_reet, 207.84 Rods, 3.936 Acres. DRAWN: 5/1/09 MMM REVISED: NA SECTION3, TOR 1 RAVEN, RANGE 112 Ng ut um Oh Eli 000510 79. SWNW LOT 1 SENW NWSW NESW SWSW ±SESW L6 RIFFIN iiSSOC14 TES, iNa 1414 ELK ST, ROCK SPRINGS, WY 82901 SCALE: 1" DRG JOB No. 17439 EXHIBIT ,4 L5 LOT 2 3. NWSE SWSE LOT 3 SWINE BC N 89 V 2634.30' STATEMENT OF SURVEYOR: CLEMENT R. WILLIAMS STATES HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY BP AMERICA PRODUCTION COMPANY 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 30th DAY OF ARIL, 2009: AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS PLAT SEW' NESE SESE A MAP SHI4 A PROPOSED RO IG ,On LOT 4 F-TWAY BC 30 7) 302 -5028 DRAWN: 5/1/09 MMM REVISED: NA APPRo X'. ROAQ DlSTUR AINCE 4. RIFF/N ASSOCIATES, INC. 1414 ELK ST., ROCK SPRINGS, WY82901 SCALE: 1 2000' DRG JOB ND. 17439 EXHIBIT 4 ACRES. PROPOSE WILSON RANCH rp'IG R1PP #3 TRI Y30 TOTAL PROPOSED LENGTH: 3,498.2'f PROPOSED ROAD EXISTING ROAD OCC S9 J, w �K