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HomeMy WebLinkAbout960836STATE OF WYOMING COUNTY OF LINCOLN EASEMENT AND RIGHT -OF -WAY AGREEMENT RECEIVED 9/6/2011 at 12:35 PM RECEIVING 960836 1 BOOK: 772 PAGE: 141 "R u'i WAGNER LINCOLN COuiv i r t,l FRK KFMMFRFR WY 000141 KNOW ALL PERSONS BY THESE PRESENTS: T IS EASEMENT AND RIGHT —OF -WAY AGREEMENT "Easement is made this al day of 2011, between FISHHOOK LAND, LC, a limited liability company of the State of W mi whose address is 409 Eagle Lane, Lyman, Wyoming 82937, Grantor and UINTA D EL PMENT COMPANY, a corporation of the State of Wyoming, whose address is P. O. Box 1330, Houston, Texas 77251, 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, loss, damage, claims, demands, actions, causes of action, fines, penalties, costs and expenses of whatsoever nature, including attorneys fees and court costs, which may result from personal injury to or death of persons whomsoever, or damage to or Toss or destruction of property or the environment, including the Premises, and including environmental claims, natural resource damage claims, claims for environmental violations, environmental LG noncompliance, or environmental releases pursuant to the Solid Waste Disposal Act, as 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 Premises, 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 FISHHOOK LAND, LC ay: e, Name: J. i? frJS]-On Title: 7730rea4 yy v l r UINTA DEVELOPMENT COMPANY 2 s. an An road Its:_ Agent and Attorney -In -Fact u0 142 LG STATE OF WYOMING COUNTY OF The goi g instr ment was acknowledged before me this day of 2011, by `i��%' as tl 1cvv .sot, CVIC AN i of Fishhook Land, LC. WITNESS my hand and official seal. My commission expires: STATE OF TEXAS COUNTY OF MONTGOMERY SUZANN TURNER My Commission Expires August 10, 2012 (SEAL) My Commission Expires M ss: Notary' P blic (SEAL) �W,_ ..M .._.e.....�......_- LISA K. REIS NOTARY PUB L.}1 County of i' +5" State of Uinta Wyorn �c< ss: The foregoing instrument was acknowledged before me this a day of 2011, by Jane Ann Byroad Agent and Attorney -In -Fact of Uinta Development C WITNESS my hand and official seal. My commission expires: 3 000143 1 pany. LG d a F1St-IHOOK\ LAND. J_C AN 's- t53 ogo IN 285, DRUFF 03 D •I GREEN MYER 1 I •1 15 77-D9E X, t DRUFF 47 11 f. 4 1, Grr hlez 07, SCALE: 1" 2000' Exi A 000144 FISHHOOK LAND LC SECTION 9, T 19N, R112W Approx 5510' located in N1/21\11/2 I EXISTING ROAD Thence: LEGAL DESCRIPTION OF PROPOSED ROAD RIGHT -OF -WAY ACROSS FISHHOOK LAND LC LANDS FOR UINTA DEVELOPMENT COMPANY JUNE 22, 2011 N 86° 2' 44" E 316.99 Feet N 88 °2'42" E594.98Feet N 83° 1' 59" E 54.23 Feet N70 °20' 1" E 255.05 Feet N 66° 12'49" E 99.94 Feet N 62° 13'31" E 57.37 Feet N 54° 35'36" E 203.87 Feet N 70° 20'45" E 60.27 Feet N 87° 15' 6" E 56.63 Feet S 76° 31'29" E 28.9 Feet S 66° 14'37" E 491.75 Feet S 74° 4' 16" E 42.62 Feet S 82° 23' 4" E 85.42 Feet N 86° 18'18" E 47.91 Feet N 79° 33' 6" E 37.47 Feet N 72° 5' 4" E 42.78 Feet N61° 1' 19 "E33.11 Feet N 51 °4'24 "E 120.76 Feet N 39° 7' 29" E 42.79 Feet N 45° 6' 53" E 37.74 Feet N 50° 13'59" E 295.49 Feet N 39° 11'24" E 40.97 Feet N 25° 9'50" E 10.88 Feet S 89° 16'52" E 197.05 Feet S 89° 21' 7" E 253.9 Feet S 84° 6' 8" E 111.26 Feet S 78° 18'49" E 199.67 Feet S 74° 28'19" E 129.14 Feet S 78° 26' 6" E 78.3 Feet S 83° 14' 6" E 98.21 Feet S 81° 18'42" E 128.48 Feet S 86° 10'18" E 146.24 Feet N 86° 20'27" E 188.91 Feet N 79° 17'39" E 113.96 Feet N 76° 28'29" E 116.49 Feet N 70° 16'30" E 158.04 Feet N 67° 23'36" E 246.41 Feet N 69° 8' 40" E 237.59 Feet N 64° 33' 2" E 47.82 Feet To the end of the line 000145 Beginning at a point in the N2/N2 of Section 9, said point bears Southerly along the Section Line, a distance of 809.8 Feet from the NW corner of said section DISCLAIMER: THE DATA IS PROVIDED AS A COURTESY AND IS INTENDED TO BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY.