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Home My WebLink About962462AGREEMENT NOT TO DEVELOP (COVENANT TO PROTECT EASEMENTS) THIS AGREEMENT NOT TO DEVELOP is dated as of the 21st day of December, 2011 "Effective Date between Chevron Mining Inc. "CMI a Missouri corporation, and Chevron U.S.A. Inc., a Pennsylvania corporation "CUSA Parcel 3 RECITALS A. CMI is the lessee by assignment of a Coal Mining Lease Agreement dated effective May 6, 1976, recorded on March 24, 1997 in Book 395 PR at page 171 of the records of Lincoln County, Wyoming (the "Coal Lease leasing the following lands (the "Property and other lands for coal development: Township 19 North, Range 117 West, 6th P.M. Section 3: Lots 5, 6, 7, 8, S/2 N /2, S/2 [All] B. CUSA holds two easements located in part on the Property. The first easement, granted by Easement Deed dated March 30, 1982, recorded on April 29, 1982, in Book 186 PR at page 711 of the records of Lincoln County, Wyoming, is a perpetual easement for the construction, operation, maintenance, repair, renewal, relocation, reconstruction and use of an aboveground molten sulfur pipeline, and an overhead 13.8KV power wire line and roadway upon, along and over, among other lands, those portions of the surface of the Property described below, together with the right of ingress and egress to and from the land for the purpose of exercising the rights granted by the deed: A strip of land seventy -five feet (75') in width across Section 3, Township 19 North, Range 117 West of the Sixth Principal Meridian, Lincoln County, Wyoming, said seventy five (75') wide strip being five feet (5') wide on the southerly side and seventy feet (70') wide on the northerly side of a surveyed line which is more particularly described as follows; Beginning at a point on the West line of said Section 3 which is considered to bear South 00° 23' 30" East 82.8 feet from the West Quarter Corner of said section, with all bearings herein relative thereto: Thence North 66° 34' 40" East 1,040.68 feet; Thence North 79° 45' 42" East 521.91 feet; RECEIVED 12/22/2011 at 3:19 PM RECEIVING 962462 BOOK: 778 PAGE: 246 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0024 1 Thence North 80° 29' 38" East 3,875.95 feet to a point of termination on the east line of Section 3 which bears South 00° 10' 17" East 1,584.4 feet from the Northeast Corner of said Section 3 Also: Tract No. 6 A thirty foot (30') by fifty foot (50') tract adjacent to the southerly side of the previously described seventy -five foot (75') strip across said Section 3, said tract more particularly described as follows. Commencing at the West Quarter Corner of said Section 3; Thence South 00° 23' 30" East 82.8 feet Thence North 66° 34' 40" East 289.0 feet Thence South 23° 25' 20" East 5.0 feet to the true point of beginning. Thence South 23° 25' 20" East 30.0 feet Thence North 66° 34' 40" East 50.0 feet Thence North 23° 25' 20" West 30.0 feet Thence South 66° 34' 40" West 50.0 feet back to the true point of beginning. Also: Tract No. 7 A sixty foot (60') by fifty foot (50') tract adjacent to the southerly side of the previously described seventy -five foot (75') strip across said Section 3, said tract more particularly described as follows: Commencing at the West Quarter Corner of said Section 3. Thence South 00° 23' 30" East 82.8 feet Thence North 66° 34' 40" East 1,040.68 feet Thence North 79° 45' 42" East 521.91 feet Thence North 80° 29' 38" East 1,975.0 feet Thence South 09° 30' 22" East 5.0 feet to the true point of beginning. )0250 2 Thence South 09° 30' 22" East 60.0 feet Thence North 80° 29' 38" East 50.0 feet Thence North 09° 30' 22" West 60.0 feet Thence South 80° 29' 38" West 50.0 back to the true point of beginning. The second easement, granted by Deed dated October 15, 1985, recorded on April 7, 1986 in Book 237 PR at page 334 of the records of Lincoln County, Wyoming, is a perpetual easement for a right -of -way for the construction, operation, maintenance, repair, renewal, reconstruction and use of a one and one -half inch outside diameter (1 1/2" O.D.) buried telecommunications line upon, along and under, among other lands, the Easement Lands, together with the right of ingress and egress to and from the land for the purpose of exercising the rights granted by the deed. The easements granted by the Easement Deed dated March 30, 1982 and the Deed dated October 15, 1985 are collectively referred to in this Agreement as the "Easements," and the pipelines, electric power lines, road, telecommunications line, and appurtenant facilities within the Easements are referred to in this instrument as the "Improvements." C. To ensure the continued quiet use and enjoyment of the Easements and Improvements, and continued undisturbed utilization thereof, by CUSA and its successors in interest, the parties are entering into this Agreement. D. CMI has agreed to forgo coal mining and any other operations or activities on the Property to preclude any conflict with the use and enjoyment of the Easements by CUSA and its successors in interest. E. CMI is willing to record its commitment to forego any coal mining operations on the Property in order for the Easements and the Improvements to remain undisturbed during the term of this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of One Million Dollars ($1,000,000.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: 1. CMI for itself and its successors in interest under the Coal Lease covenants and agrees as follows: (a) To preclude any conflict or interference with the Easements or the Improvements, no coal mining operations of any kind shall take place on the Property 00251 3 00252 during the term of this Agreement. For purposes of this Agreement, coal mining operations include, but are not limited to: excavation, sampling, filling, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other materials; construction, placement or maintenance of any structure or improvement; removal or destruction of trees, shrubs, plants and other vegetation; alteration or manipulation of natural water courses, shores, marshes, swamps, wetlands or other water bodies; vehicular traffic; and any other industrial or commercial activities. (b) CMI shall not directly or indirectly in any manner seek to cause or cause any conflict or interference with the Easements, the Improvements, or the Property during the term of this Agreement, by or through third parties or otherwise. (c) CMI hereby grants to CUSA, its successors and assigns, a perpetual right of ingress and egress to and from the Property for the purpose of exercising the rights granted by the Easements and this Agreement. (d) CMI shall provide sufficient lateral and subjacent support as necessary to permit continued operation of the Improvements. 2. This Agreement and the covenants contained herein shall be effective as of the Effective Date and shall remain in effect for a term of twenty (20) years, or until one (1) year after abandonment of the Easements, whichever is the first to occur. 3. The agreements, covenants, limitations and restrictions contained in this Agreement shall run with the land and shall be binding upon and inure to the benefit of CMI and CUSA, their successors and assigns. 4. CUSA, its successors and assigns shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the covenants contained herein, to exercise all of the rights and remedies contained herein or otherwise available at law or in equity, and to maintain all actions or suits at law or in equity or in other proper proceedings, to cure such breach, to which it or any other beneficiaries of such covenant may be entitled. Upon execution of this Agreement, it shall be recorded in the records of Lincoln County, Wyoming by CUSA. 4 State of California County of Contra Costa WITNESS my hand and official seal. Signature CHEVRON MINING INC. By: By: CHEVRON U.S.A. INC. (Seal) �.W Michael j. Woody, Ass' fiant Secretary Frank G. Soler, Assistant Secretary On December 21, 2011 before me, K. Henry, Notary Public, personally appeared Frank G. Soler and Michael W. Woody, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 00253 K. HENRY Commission 1960461 Notary Public California Contra Costa County My Comm. Expires Dec 1 3, 21 5