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HomeMy WebLinkAbout962177STATE OF WYOMING COUNTY OF LINCOLN 16" Trunk A CP CATHODIC PROTECTION RIGHT -OF -WAY AGREEMENT Legal Description: T26N, R113W, SEC 14, S2SE4 RECEIVED 12/2/2011 at 10:56 AM RECEIVING 962177 BOOK: 777 PAGE: 250 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Ou 0 FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Donald Thayer and Marika Thayer herein referred to as "Grantor whether one or more, does hereby grant unto Wamsutter LLC, and all subsidiary companies, their successors and assigns, herein referred to as "Grantee a right -of -way for the right from time to time to survey, construct, lay, maintain, inspect, erect, alter, operate, protect, repair, replace, and remove deep well cathodic protection ground bed(s); appurtenances; cathodic equipment, test stations, and communication lines; herein being collectively referred to as "Facilities over, through, upon, under and across the following described lands in Sweetwater County, State of Wyoming, to wit: The right -of -way herein granted shall be seventy feet (70') in width and seventy feet (70') in length, the approximate location of which is more generally described in EXHIBIT "A attached hereto and made a part hereof. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted right -of -way. Grantor shall not impound water or build, construct, create or install, nor permit others to impound water or build, construct, create or install, any buildings, structures, fences, trees, engineering works, or any obstructions on the herein granted right -of -way, and Grantor will not change the grade of the right -of -way without the express written consent of Grantee. Grantor agrees that any payment made hereunder by Grantee for the right -of -way includes full payment for all construction damages, except damages to growing crops. Grantee agrees to pay for damages to growing crops and to fences of Grantor caused by maintenance operations; provided, however, that Grantee shall not be liable to Grantor for any damages caused on the right -of -way by keeping said right -of -way clear of trees, undergrowth, brush or obstructions in the exercise of the rights herein granted. Any payment due hereunder may be made directly to any Grantor if there be more than one. Grantee further agrees that within a reasonable time following the completion of construction, Grantee shall restore said right -of -way to a condition equal to or better than that which existed prior to construction to the extent practicable. Restoration shall include, where necessary, final grading, reseeding and installation of erosion control structures. Said Grantor to fully use and enjoy said premises, except for the purposes hereinabove granted and subject to the restrictions set forth herein. When said right -of -way is no longer useful, necessary or convenient to Grantee, Grantee shall execute and record a reconveyance and release of this Right -of -Way Agreement. Grantee shall have no obligation to remove any of the underground Facilities, but shall have the option, at Grantee's sole discretion, to do so with respect to all or any of the Facilities. In the event that Grantee removes any of the Facilities, Grantee shall restore the surface, as near as reasonably possible, to its condition prior to the construction of the Facilities. Any Facilities remaining on the property after the expiration of 180 days following the filing of such reconveyance and release shall become the property of Grantor. The rights herein granted, or any of them, may be exercised by any or all of the Grantees, their successors and /or assigns, either jointly or separately. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. This Right -of -Way Agreement may be signed in counterparts with the same effect as if each named Grantor signed one instrument. -t EXECUODpn�-the dates set forth in the acknowledgments, but effective for all purposes as of the f day of (�f 2011_ (the "Effective Date WO 1081823 Trunk A CP GRANTOR: Donald Thayer Mari Thayer GRANTEE: Brian Taylor Wamsutter LLC 00251 STATE OF WYOMING COUNTY CTF On this jday of 2011, before me personally appeared Donald Thayer known to be p y pp and Marika Thayer, y y the person(s) described in and who executed the foregoing instrument, and acknowledged that he /she /they executed the same a her free act and deed. WO 1081823 Trunk A CP My commission expires: STATE OF WYOMING COUNTY OF SWEETWATER My commission expires `..NOTARY PUBLI and for, 'tk.1.il Notary PubIib 4 County On this day of 2011, before me personally appeared Brian Taylor, known to be the person(s) describe in and who executed the foregoing instrument, and acknowledged that he /she /they executed the same as his /her /their free act and deed. ,.i \OL4 ),Ni TARY PUBLIC cl Notary Public i a d for.,_ 1% kt h011 k r County j 1.Y1AO rU54 1. MANDY PETERSON STATE OF WYOMING COUNTY OF SWEETWATER Cornn'I .sion Expire June 03, 2012 PUBLIC ANDY PETERSON STATE OF WYOMING vV, (7OUINITY Or SWE.E1WATER Ca „lion Exp±:*-> Juno 03, 2012 0'252 00253 iId N) n 0 N 0 0 rr x o 3 14°33\8 r otl r �r `c s.,. co O` Z 40 rn a gg CO N Foreman cC# 11281 WO# Rea# RW5331103 Emp Mop String 05226113.0 CUSTOMER Williams Field Service ADDRESS 2001 LaBarge Creek Road LaBarge Wyoming Job Start Dote Job Comp Dote Circuit LAB23 Post Jobs RQI1 Q Posted 1 4 PAC A 1 O cfCAH a GY HOIDQ(GS a P/tiY 1 OF 1 EST ID# 11710 Print Date 04/15/11 Scale 1 =400'