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HomeMy WebLinkAbout961908W©ISOtz3 €q. ,JCoci sO76 STATE OF WYOMING COUNTY OF LINCOLN POWER LINE RIGHT -OF -WAY RECEIVED 11/16/2011 at 8:35 AM RECEIVING 961908 BOOK: 776 PAGE: 233 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY KNOW ALL PERSONS BY THESE PRESENTS: THIS EASEMENT, Made this 30th day of April, 2003, between ANADARKO LAND CORP., f /k/a Union Pacific Land Resources Corporation, a corporation of the State of Nebraska, Grantor, and PACIFICORP, an Oregon corporation, whose address is 825 NE Multnomah, Portland, Oregon 97232, Grantee. WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto Grantee, and unto its successors and assigns, an EASEMENT for a right -of -way for the construction, operation, maintenance, repair, renewal, reconstruction, removal and use of an overhead electric transmission and distribution line (hereinafter called "Facility with necessary appurtenances thereto, upon, along and under 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 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 Facility of Grantee on 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. This Easement is made subject to all outstanding leases and other outstanding 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 or for quiet enjoyment. The grant of Easement herein made is on the express condition that Grantor, its successors and assigns, shall not be liable to Grantee, its successors or assigns, for any damage occurring to the installations made or to be made by Grantee upon the Premises or for any other damage whatsoever occasioned by subsidence of the surface of the Premises as a result of mining under- neath the same or resulting in any other way from the removal of coal or other minerals in or underlying the Premises. All operations hereunder shall be conducted at the sole risk and expense of Grantee and in compliance with all federal, state, county and municipal laws, rules, ordinances and regulations which are applicable to the area of operations including, but not limited, to those pertaining to environment, safety, fire, sanitation, conservation, water pollution, air quality, waste management, toxic and chemical management and reporting, and fish and game. All operations hereunder shall be conducted in a prudent manner. 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 counsel fees, imposed upon or incurred by Grantor, its officers, employees and /or agents, resulting from, or connected with, such violation and /or violations. 1 000233 2 c�U O234 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. Grantee is advised that the generation, transportation, treatment, storage and disposal of hazardous wastes are controlled by the Federal Resource Conservation and Recovery Act of 1976 and regulations issued pursuant to the Act and subsequent Acts by the United States Environmental Protection Agency (EPA) and /or state agencies. 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 or appropriate state 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 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 Facility of Grantee, 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 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 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 Facility or from electric current conducted thereon or escaping therefrom, unless caused by the sole and direct negligence 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 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. 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 the Facility or any portion thereof is abandoned, and Grantee fails to restore the portion of the Premises to which the abandoned Facility is appurtenant to its original condition within ninety (90) days after receipt of notice from Grantor to perform such activities, Grantor may perform such activities for the account of Grantee. Grantee hereby agrees that the surface of any of the Premises disturbed in the exercise of the rights granted hereunder to Grantee shall be reseeded by Grantee, at the sole expense of Grantee, in a manner consistent with applicable Governmental requirements on comparable adjacent areas of public lands. Grantee shall eradicate all noxious weeds from the Premises and shall not allow the same to go to seed. Additionally, Grantee shall not change the location of or injure any permanent fences or irrigation structures located on the Premises. The Easement herein granted is subject to the needs and requirements of Grantor, its successors and assigns, in the improvement and use of its property, and Grantee shall, at the sole expense of Grantee, move all or any portion of said Facility to such new location or remove said Facility from the Premises, as Grantor may designate, whenever Grantor shall find that such Facility unreasonably interferes with Grantor's contemplated use of the Premises. All the terms, conditions and stipulations herein expressed with reference to said Facility on the Premises shall apply to the Facility as modified, changed or relocated within the contemplation of this paragraph. In accordance with Section 1445(b) (2) of the Internal Revenue Code, Grantor, Federal ID No. 13- 2678588, certifies that it is not a foreign corporation and withholding of Federal Income Tax from the amount realized will not be made by Grantee. Grantor understands that this certification may be disclosed to the Internal Revenue Service by the Grantee and that any false statement made here could be punished by fine, imprisonment, or both. IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Attorney in -Fact, the day and year first herein written. STATE OF TEXAS COUNTY OF MONTGOMERY Corp. ss: WITNESS my hand and official seal. My commission expires: Pr7 i 9r 2v 41." AN ANGELA MICHELLE GILBREATH I•: 1.i MY COMMISSION EXPIRES t R'j4,or' January 7, 2006 3 ANADAR 0 ND COR By: Its: orney -I act ta(y Public 000235 h9 foregoing instrumn�..nnt was acknowl dged before me this SO day of 2003, by J /fTh 5 ,L. i') E�c'�rrnb Attorney -In -Fact of Anadarko Land 6he66i4rdo (SEAL) EXHIBIT "A" Two strips of land twenty feet (20') in width located in Sections Three (3) and Eleven 11), Township Twenty -one (21) North, Range One Hundred Fourteen (114) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming, Tying ten feet (10') on each side of the following described centerlines and centerlines prolonged: STRIP NO. 1: A strip of land twenty feet (20') in width located in the Southeast Quarter of the Southeast Quarter (SE1 /4SE1/4) of Section Three (3), Township Twenty -one (21) North, Range One Hundred Fourteen (114) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming, lying ten feet (10') on each side of the following described centerline and centerline prolonged: Commencing at the Southeast Corner of said Section 3 and running thence North 00 °29'46" East, 791.96 feet along the East Line thereof; Thence North 89 °30'14" West, 359.24 feet to the TRUE POINT OF BEGINNING; Thence South 12 °21'58" East, 812.56 feet to the South Line of said Section 3 and the POINT OF ENDING, from which point the Southeast Corner of said Section 3 bears South 89 °34'27" East, 178.35 feet. Said strip of land is 812.56 feet (49.246 rods) in length and contains an area of 0.373 acre, more or less. STRIP NO. 2: A strip of and twenty feet (20') in width located in the West Haif W1/2) of Section Eleven (11), Township Twenty -one (21) North, Range One Hundred Fourteen (11 West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming, lying ten feet (10') on each side of the following described centerline and centerline prolonged: Commencing at the Northwest Corner of said Section 11 and running thence South 00 °12'03" West, 799.38 feet along the West Line thereof to the POINT OF BEGINNING; Thence South 12 °21'58" East, 1202.72 feet to a point known as "Point A Thence South 19 °16'24" East, 3517.87 feet to the South Line of said Section 11 and the POINT OF ENDING of this portion of the easement, from which point the Southwest Corner of said Section 11 bears North 89 °31'09" West, 1431.56 feet; ALSO: Beginning at said "Point A" and running thence South 74 °10'49" West, 35.00 feet to the Point OF ENDING of this portion of the easement. The total length of said strip of land is 4755.59 feet (288.217 rods) in length and contains an area of 2.179 acres, more or less, 4 J0236 Owner B.L.M. 3 T21N R114W J Owner Union Pacific Land Resources Total length 812.56 feet or 49.246 rods r East 1/4 Comer Section 3 Original Stone Monument OPAL SWITCHING STATION 0 +00 P.O.B. Easement 0 +35.00 Proposed Pole Centerline 20' Wide Powerline Easement 3 +85.08 Proposed Pole S 12°2158"E, 812.56' 7 +35.05 Proposed Pole 8 +12.56 P.O.E. Easement South 1/4 Comer Section 3 Original Stone Monument An easement for powerline purposes located in the SE1 /4 SE1 /4, Section 3, Township 21 North, Range 114 West, 6th P.M., Lincoln County, Wyoming, said easement being 20.00 feet wide, 10.00 feet each side of the following described centerline: Commencing at the Southeast corner of Section 3 of said Township and Range and running thence N 0 °29'46" E, 791.96 feet along the East Line thereof; thence N 89 °30'14" W, 359.24 feet to the POINT OF BEGINNING; thence S 12 °21'58" E, 812.56 feet to the South line of said Section and the POINT OF ENDING of the easement, from which point the Southeast corner of said Section bears S 89 °3427" E, 178.35 feet. Said easement being 812.56 feet or 49.246 rods in length. With the sidelines of the easement beginning and ending on the same lines the centerline begins and ends upon. CERTIFICATE of SURVEYOR 1, Ted T. Taggart, Wyoming P.L.S. No. 6953, of Wasatch Surveying, hereby state that 1 am by occupation a Professional Land Surveyor employed by Pacific Power to make the survey of the easement as described and shown on this plat; that the survey was made by me on December 5, 2002; and that said survey is accurately represented hereon. S 89 °34'2r E, 2621.45' POWERLINE EASEMENT UNION PACIFIC LAND RESOURSES W o Z 0 500 1000 SCALE IN FEET Southeast Corner Section 3 Original Stone Monument Map Showing Pacific Power Easement Across Union Pacific Land Resources Property SE 1/4 SE1 /4 of Section 3 T21 N R114W, 6thP.M. Lincoln, County, Wyoming Project No. 02185225 000237 906 Main Street Evanston, Wyoming 82930 (307) 789-4545 Job No. 02 -66 Revised right -of -way width March 11, 2003 UN CO Nzt cp N La O N 0 Northwest Comer Section 11 Original Stone Monument 00 0.0 Easement +52 72 P °Pos "Pole S 89 °35'14" E 5 +02 PcoPosedP0 A102 02.2. S 1 2 021 58 +5211 P,oPosedpole 12+02 5426 5edPole poll. sod po \e pooPo 15 +46 g9 1431.56' e 25,9011 oP °sedPO p P o�sed 2653.50' 21 ptelPsd96e t d e Po41e c G oeSem Wn'' �etlt�e 20 \1 D4 p\o9o5e6p6e 2 +4 5e4 ?de p�opo 9 +40 2 +901'\ 38 +39 6 9109°Sed Pote 39 +89 PIoPosedPo 5ed po\e P ioPo c\-- S 89 °31'09" E, 2647.42' Southwest Comer Section 11 Original Stone Monument ert 11 North 1/4 Comer Section 11 Original Stone Monument T21N R 114 W Owner Union Pacific Land Resources Total length 4755.59 feet or 288.217 rods South 1/4 Comer Section 12 proPo see6ement Original Stone Monument 0+ 0 59 POWERLINE EASEMENT UNION PACIFIC LAND RESOURCES 0338 0 500 1000 SCALE IN FEET An easement for powerline purposes located in the W 1/2, Section 11, Township 21 North, Range 114 West, 6th P.M., Lincoln County, Wyoming, said easement being 20.00 feet wide, 10.00 feet each side of the following described centerline: Commencing at the Northwest corner of Section 11 of said Township and Range and running thence S 0 °12'03" W, 799.38 feet along the West line thereof to the POINT OF BEGINNING; thence S 12 °21'58" E, 1202.72 feet to a point to be known as "Point A" thence S19 °16'24" E, 3517.87 feet to the South line of said Section and the POINT OF ENDING of this portion of the easement, from which point the Southwest corner of said Section bears N 89 °31'09" W, 1431.56 feet. With this portion of the easement being 4720.59 feet or 286.096 rods in length. ALSO: BEGINNING at said "Point A" and running thence S74 °10'49" W, 35.00 feet to the POINT OF ENDING of this portion of the easement. With this portion of the easement being 35.00 feet or 2.121 rods in length. The total length of the easement being 4755.59 feet or 288.217 rods in length. With the sidelines of the easement beginning and ending on the same lines the centerline begins and ends upon. CERTIFICATE of SURVEYOR 1, Ted T. Taggart, Wyoming P.L.S. No. 6953, of Wasatch Surveying, hereby state that I am by occupation a Professional Land Surveyor employed by Pacific Power to make the survey of the easement as described and shown on this plat; that the survey was made by me on December 5, 2002; and that said survey is accurately represented hereon. Map Showing Pacific Power Easement Across Union Pacific Land Resources Property W 1/2 of Section 11 T21 N, R114W, 6thP.M. Lincoln, County, Wyoming Project No. 02185225 906 Main Street Evanston, Wyoming 82930 (307) 789 -4545 Job No. 02 -66 Revised right -of -way width March 11, 2003