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HomeMy WebLinkAbout963476MEMORANDUM OF AMENDMENT TO ACCESS ROAD AGREEMENT THIS MEMORANDUM OF AMENDMENT TO ACCESS ROAD AGREEMENT is executed and recorded by BELL BUTTE GRAZING PARTNERSHIP, A LIMITED PARTNERSHIP, whose address is c/o Mark Bown, CPA, 1015 East 3900 South, Salt Lake City, Utah 84124 -1110 "Bell Butte and Trail Energy, LLC., whose mailing address is 6029 W. Sage Fork Road, West Jordan, Utah 84081 "Trail Energy collectively the "Parties to provide record notice that the Parties have made an Amendment to that certain ACCESS ROAD AGREEMENT dated September 10, 2009 and as recorded October 13, 2009 Book 733 Page 738 Receiving 949998, under which Bell Butte has granted to Trail Energy additional rights: A non exclusive right to improve and utilize and maintain the following: 1. An access road approximately 50 feet wide and 2,601 feet, more or Tess, in length, in the N/2 of Section 3, Township 19 North, Range 118 West, 6 P.M., Lincoln County, Wyoming. Attached as Exhibit "A 2. An access road approximately 50 feet wide and 1,386 feet, more or less, in length, in the NENE of Section 35, Township 20 North, Range 118 West, 6 P.M., Lincoln County, Wyoming. Attached as Exhibit "B 3. An access road approximately 50 feet wide and 1,306 feet, more or Tess, in length, in the SWNW of Section 35, Township 20 North, Range 118 West, 6 P.M., Lincoln County, Wyoming. Attached as Exhibit "B 4. An access road approximately 50 feet wide and 720 feet, more or less, in length, in the NW /4 of Section 31, Township 20 North, Range 117 West, 6 P.M., Lincoln County, Wyoming. Attached as Exhibit "C". 5. A surface pad site of approximately 1.3 acres, more or Tess, in area, in the NW /4 of Section 3, Township 19 North, Range 118 West, 6 P.M., Lincoln County, Wyoming. Attached as Exhibit "D More particularly shown in Exhibits "A, B, C, D" attached hereto and be reference specifically made a part hereof, in connection with its drilling and producing operations involving the Bell Butte 11 -3 Well in the NW /4 of Section 3 Township 19 North, Range 118 West, 6 P.M., Lincoln County, Wyoming, and together with all of the other terms and conditions more particularly set forth and stated therein. For further information regarding the ACCESS ROAD AGREEMENT, please contact the Parties at their addresses above. IN WITNESS WHEREOF, the Parties hay a #ecuted thi M,MORANDUM OF AMENDMENT TO ACCESS ROAD AGREEMENT effective as of the f day of 4 20J.- RECEIVED 3/2/2012 at 11:04 AM RECEIVING 963476 BOOK: 782 PAGE: 155 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0 0 :x 5 5 Bell Butte Grazing Partnershi Trail Energy, LLC By Landman,' Man ging General Partner STATE OF Rm. COUNTY OF e. f j ss f e /L� This instr ument was acknowledged before me this day of hit 2011, by VIli L_L:•5 kie as Managing General Partner of Bell Butte Grazing Partnership, on behalf of said Limited Partnership. fij GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 2012, My commission expires: (NOTARIAL SEAL) 1 1 1 4. STATE OF UTAH COUNTY OF SALT LAKE My commission expires: tf '2t)! 9—"` (NOTARIAL SEAL) NOTARY PUBLIC 1 PENNIE G HUTCHINSON 1 Commission No. 580414 1 Commission Expires 1 OCYOBER 23, 2013 STATE OF UTAH 1 ss ACKNOWLEDGMENTS By: Notary Public, State of Bell Butte Grazing Partnership NAME /TITLE e r<% This instrument was acknowledged before me this 3 day of i=eb "'•4-�a 2111 Jonathan Baker, as Landman for Trail Energy, LLC. J GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of Fe, i v z 01L Notary Public, State of Utah Trail Energy, LLC By: .gr, NAM' /TITLE 001.56 SCALE 500' C EA:13;gt 00157 SECTION 3 TO III' 1.9 _long RANGE M WEST, of the 1th NIL 1" 1000' 7000' STATE OF WYOMING COUNTY OF LINCOLN APPARENT OWNERSHIP: BELL BUTTE CO. FOUND MONUMENT SECTION CORNER FOUND MONUMENT OUAR7FR CORNER PROJECTED CORNER MONUMENT FOUND IN PREVIOUS SURVEY DA I CM SPCS WYWC (NAD CT 8 1,- N WSW SWS P— Width SC eft, 25._RiCh 2500.82 re,e.% 157.53 g. S 88 7 2S41.44' SEN'tv NESW ;307) 362 1414 ELK ST, ROOK SPRINGS, WY 62901 1 DRAWN: 10/26/09 NMI SCALE: r 1000' REVISED: NA DRG JOS No. 17635 EXHIBIT A SW/ 7 SVINE 139.42' SE8*32'2C' E 2643.57' OT 6 NESE, LOT 5 NUmBER DIRECTIZN DISTANCE •S 2°39'15 W L2 S 40°05'52' E 65.97' L.3 S 7523'55' E 1 64.06' L 4 ,N 30°45'56' E i256.44' N 88'34'42 7 131.78' N 83°12'14' E 234,01' 2L7 N 77' 5 1- 565.46' N 73°13'42' 5 88.63' N 56°17'13' 5 290.63' N 67°50'3:3' E. 111:3.67' N 75'23'03' 5 203.05' L12 N 67°35'51' E ;103.24' N 48°31'15" F.: N 55°28'23' E :152.47' :s N 4226'21' 7 191.55' .ThSE SESE 11/1-'0.V.rlivr: PLS 5263 STATEMENT OF SURVEIOR: C.I.FMEN7 R v'iLL:Arvls S7A7E.S HE: .3 7Y j:LIC,'.2A7 A 71E3:STERED SLIRVEYOR 1.77F1iYE3 EY 771A:L ENERGY L 70 MAKE A OF THE 7ENT7RUNE PR3P337:7; RiGH7-0F WAY AS DESCRiBE .'AND HERFr)N T'HAT THE SURVEY 07 SAID 'WORK WAS MADE jNDER HIS SL T-;THOR:TY 7HE '21h CIO 2:30 AND THAT SUOli SURVE-v :s A7 Rs jP7N 7H:s A 1114..P' SHOWING A PROPOSED ROAD RIGHT-IF-WAY PREPARED FOR: TRAIL ENERGY, LLC 11 REFERENCE DRAWING No.17635 (EXHIBIT A) LEGAL DESCRIPTION OF A PROPOSED ROAD RIGHT -OF -WAY ACROSS BELL BUTTE CO. LANDS FOR TRAIL ENERGY, LLC OCTOBER 26, 2009 _0®1.58 17635 A ROAD A STRIP OF LAND, 50.00 FEET IN WIDTH FOR A PROPOSED ROAD RIGHT -OF -WAY, ALL SITUATED WITHIN LOTS 6, 7 AND 8 OF SECTION 3, TOWNSHIP 19 NORTH, RANGE 118 WEST, 6 PRINCIPAL MERIDIAN, LINCOLN 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 3 AND 4, TOWNSHIP 19 NORTH, RANGE 118 WEST, 6 1-1j PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, AND SECTIONS 33 AND 34, TOWNSHIP 20 NORTH, RANGE 118 WEST, 6 111 PRINCIPAL MERIDIAN, LINCOLN COUNTY. WYOMING, BEING A BRASS CAP AND IRON PIPE MONUMENT, THENCE SOUTH 29 °44'27" EAST, 897.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 12°09'16" WEST, 46.81 FEET; THENCE SOUTH 40 °05'52" EAST, 65.97 FEET; THENCE SOUTH 75 °29'55" EAST, 64.06 FEET; THENCE NORTH 80 °45'56" EAST, 256.44 FEET; THENCE NORTH 88 °34'42" EAST, 131.78 FEET; THENCE NORTH 83°12'14" EAST, 204.01 FEET; THENCE NORTH 77 °27'54" EAST, 565.46 FEET; THENCE NORTH 70°19'42" EAST, 98.63 FEET; THENCE NORTH 56°17'13" EAST, 290.63 FEET; THENCE NORTH 67 °50'33" EAST, 113.67 FEET; THENCE NORTH 75 °23'03" EAST, 203.05 FEET; THENCE NORTH 67 °35'51" EAST, 100.24 FEET; THENCE NORTH 48'31'15" EAST, 116.05 FEET; THENCE NORTH 55 °28'23" EAST, 152.47 FEET; THENCE NORTH 42 °26'21" EAST, 191.55 FEET TO THE POINT OF TERMINUS, A POINT ON THE NORTHERLY BOUNDARY OF LOT 6 OF SAID SECTION 3, SOUTH 88 °32'20" EAST, 109A2 FEET FROM THE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 3 AND 34, BEING A BRASS CAP AND IRON PIPE MONUMENT. THE TOTAL LENGTH OF A PROPOSED ROAD RIGHT -OF -WAY ACROSS BELL BUTTE CO. LANDS AS DESCRIBED ABOVE IS 2,600.82 FEET OR 157.63 RODS, CONTAINING 2.985 ACRES, MORE OR LESS. SCALE 500 0 CAL** "ES" J. 1000' 7000 STATITT OF WYOMING COUNTY OF LINCOLN APP4RENT OWNERSHIP: r 1640r) 362-5028 (-4 4-? FOUND MONUMENT SECTION CORNER FOUND MONUMENT QUARTER CORNER PROJECTED CORNER MONUMENT FOUND IN PREV?'GUS SURVEY DATE/2W SPCS NYWC (NAD 27) REVISED: NA SC SfaION15, TOWIRIP 20 NORIA RANGE 118 WEST of the �th Mt j =i PART smog sEN'er e BELL BUTTE GRAZING .+V WSW NESVI Totoi Width 55 _F 25 Lo f. _Righ Cf5 teri,1/2e. PART 7 05.50_Feet 79.72 os .499 4 it 7335.85 Fet,_53-.g9,_Pods, 597 A c s. TOTAL 2597.35 Feet, 763 7 Rods, 3. _Acres. DRAWN: 1/11/10 EAP SCALE: 1".= 1000' S 88°31'26' E 527349/ NN scf LS L3.1. la PAR '7 II 7777-77/7 74 7777.7777 4 SE SEIVE 7VETS6. NJM3ER 2IRECTI2N .DISTANCE 7 E::-..,--,: 1 LI N 4 4 2551' I-1 ;553.35' :NUMBE.R ....,...2 :....,N :DISTANCE 7 .164.32/ ,...3 V 3 7 "-S 7 235'33' E !206.84' N 31°45'39' E .1.3225' 7 9 'S 65°33'57 E :504.14' 7 e 7 _4 :N 41'13'59' E. _113 75°32'14' E :639.60' k N 33°15'23' E .233.733' L11 •S 81°24'46' -2 ;35, I _.S ;N 37°43'36' E ;113,93' N 21'13'32' E 42.70' V /f.sE.q/ STATEMENT OF SURVEYOR: LEMENT R '.VILLiAiVIS STATES HE :S. SY 07 ;;;JP,A7 rDN 1 REG'.37FR :ANL) TRAiL ENE-RGY rti;Aii;;E A SURVEY 37 THE OEN TERL:NE .4. PRc)PCSE.:) A.S 3L.SCR:3F7?,:-.N7' i-iFF- THAT THE= SURVEY SAID WORK ':JAS MADE UNDER' SUPERVIS:ON 0(7'-17,1EN0 THE 12:" DAY OCTOBER 2039 ANL) T'riA 7 SIJC SURVEY :5 ACCURATE: Y 7 1414 ELK ST., ROCK SPRINGS, WY 62901 DRS JOB No. 17635 EXI-JIBIT A WYO/AWG PLS 5263 4.114P SHOWING .4 PROPOSED ROAD RIGHT-OF-WAY PREPARE FOR: TRAIL ENERGY, LLC •UV A; 0 PART I PART II c t i Tit LEGAL DESCRIPTION OF A PROPOSED ROAD RIGHT -OF -WAY ACROSS BELL BUTTE GRAZING LANDS FOR TRAIL ENERGY, LLC JANUARY 11, 2010 110 .6 0 17635 A ROAD A STRIP OF LAND, IN TWO PARTS, 50.00 FEET IN WIDTH FOR A PROPOSED ROAD RIGHT -OF -WAY, ALL SITUATED WITHIN THE NORTH HALF OF SECTION 35, TOWNSHIP 20 NORTH, RANGE 118 WEST, 6' PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, THE BOUNDARIES THEREOF BEING 25.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 20 NORTH, RANGE 118 WEST 6 PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING. BEING A BRASS CAP AND IRON PIPE MONUMENT, THENCE NORTH 01 °17'28" EAST, 294.62 FEET TO THE TRUE POINT OF BEGINNING, A POINT ON THE WESTERLY BOUNDARY OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 44 °26'51" EAST, 558.06 FEET; THENCE NORTH 40 °22'111" EAST, 164.30 FEET; THENCE NORTH 31 °45'09" EAST, 102.36 FEET; THENCE NORTH 41°13'59" EAST, 117.42 FEET; THENCE NORTH 33 °16'20" EAST, 203.83 FEET; THENCE NORTH 37 °40'36" EAST, 110.83 FEET; THENCE NORTH 21°13'08" EAST, 48.70 FEET TO THE POINT OF TERMINUS, SOUTH 30 °01'02" EAST, 1,545.06 FEET FROM THE SECTION CORNER COMMON TO SAID SECTIONS 34 AND 35, AND SECTIONS 26 AND 27. TOWNSHIP 20 NORTH, RANGE 118 WEST, 6 PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEING A BRASS CAP AND IRON PIPE MONUMENT. COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 25, 26, 35, AND 36, TOWNSHIP 20 NORTH, RANGE 118 WEST, 6 PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEING A BRASS CAP AND IRON PIPE MONUMENT, THENCE SOUTH 62 °50'32" WEST, 1,499.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 72 °35'30" EAST, 206.84 FEET; THENCE SOUTH 65 °38'57" EAST, 504.14 FEET; THENCE SOUTH 75 °02' 14" EAST, 639.60 FEET; THENCE SOUTH 81 °24'46" EAST, 35.27 FEET TO THE POINT OF TERMINUS, A POINT ON THE EASTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35, NORTH 01°15'32" EAST, 1,507.20 FEET FROM THE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 35 AND 36, BEING A BRASS CAP AND IRON PIPE MONUMENT. THE TOTAL LENGTH OF A PROPOSED ROAD RIGHT -OF -WAY ACROSS BELL BUTTE GRAZING LANDS AS DESCRIBED ABOVE IS 2691.35 FEET OR 163.11 RODS, CONTAINING 3.089 ACRES, MORE MORE OR LESS. &xh: 6 0 13" REFERENCE DRAWING No.17635 (EXHIBIT A) 00161 SCALE 1" 1000' 500' G ,'CCC' (307) 362-5028 STATE OF WYOMING COUNTY OF LINCOLN DA J SPCS W'i14' (N+ 27) DRAWN: 12/13/11 KRI-f REVISED: NIA 3C Totes' ,R -0 Width 50 _Feet, 25 Left, 25 Right o* Center /ire.. 720.13 Feat, 43. R ods, 0 Ac. es SECTION 31, IOfUS AVOCA RAKE ff7 RS of* 6th1 10L 1414 ELK ST., ROCK SPRINGS, WY 32601 DRG JOB No. N 39 °53'34' `d 2543,75` /209,5:' 2 s 7,77777/>y APPARENT O HERS' se t 2 //_Z y /L/, RICK HEBDON NESE .F_RECT1:N ;DISTANCE i N 58 °58'27' E 2 N 58 °44'34' ;426,42' FO;JND MONUMENT L3 ;N 55 °58'41' E ;2337' SECTION CORNER ti 42 °48'47' E :175.53' FOUND MONUMENT QUARTER CORNER 0 PROJECTED CORNER S SESW SASE STAIISMENT OF SERVE" ®Ra BRIAN L. FORBES STATES HE !S BY OCCUPATION A REGISTERED LAND S' RVEYCR EMPLOYED' BY Ii. ENERGY LLC TO MAKE. A 'H CENTERLINE ROAD RIGHT-OF-WAY SURVEY OF E C OF A RC AS DESCRIBE'D AND SHOWN ON THIS MAP: THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY. COMMENCING OK THE 3l,. DAY OF JULV.2C06 „FIND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THS MAP SCALE: 1"= 1000° 7635 SC ANt A MAP SHOWING A PROP SED RO s'!,? RIGHT—OF—WAY k n REPARED F TRAIL ENERGYLLC 5 ab et we LEGAL DESCRIPTION OF A PROPOSED ROAD RIGHT -OF -WAY ACROSS RICK HEBDON LANDS FOR TRAIL ENERGY LLC. APRIL 17, 2007 17635 ROAD A RIGHT -OF -WAY, 50.00 FEET WIDE FOR A PROPOSED ROAD, LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 20 NORTH, RANGE 117 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 31, THENCE NORTH 00 °25'00" EAST, 2,223.89 FEET TO THE TRUE POINT OF BEGINNING AND A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE NORTH 58 °58'27" EAST, 93.31 FEET; THENCE NORTH 58 °44'34" EAST, 426.42 FEET; THENCE NORTH 55 °58'4I" EAST, 23.87 FEET; THENCE NORTH 42 °48'47" EAST, 176.53 FEET TO THE POINT OF TERMINUS AND A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31, SAID POINT BEING NORTH 89 °53'04" WEST, 2,059.51 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 31. THE TOTAL LENGTH OF RIGHT -OF -WAY ACROSS RICK HEBDON LANDS AS DESCRIBED ABOVE IS, 720.13 FEET OR 43.64 RODS, CONTAINING 0.827 ACRES, MORE OR LESS. REFERENCE DRAWING No. 17635 (EXHIBIT A) N1370469 0-46719 s 88.3 1 Loti3 I 1 CU 1,_, 7) (f) 1 OD '4 J,15 IN.3678C9 E.-46764 t I f LEGEND WELL LOCAT!ON BOTTOM HOLE LOC. (APPROX'= FOUND MONUMENT PREVIOUSLY FOUND MCNU!v1EN O CALCULATED CORNER REVISED: N4 Ca beef Im to R. 118 W E 264(11.3424'0..72..7)._ S 88 1 '32'2C' N:37C394 E.-44C7P. 3 (307)362,5Oz6 1414 ELK sr., ROCK SPRINGS, WY 62901 DRAWN: 10126I09- MUM SCALE: 1' 1000' DRC JOB No. 17535 EXHIBIT 1 LC 6 2643.57' L T 5 N.370327 0-41438 T9 IV 1 1:6\ NORTH (NAD 83, 41.664218 DEG. LONGITUDE (NAD 83) WEST 110.749807 DEG. N:3676761 SURVEY DATUM BELL BUTTE S?CS WYWO (NAD 2 NORTHING 1 1 -3 1-*:= 359797.14 UNGRADED ELEVATION: EASTING 7130.8' 45230.10 DATUM BAS:S ELFVAT: US 3S SPDT SPCS WYW (N AD 27) EL E VA ON LOCA. TE.D AT THE NW CORNER SECTON 5 N. R118W, NORTHING ELEVATION: 7 72' 354152.55 FASTING 318095.81 N=36ti139 N 8836'52 'el 5 E C0:/: 50 SCALE FEET LATITUDE (NAD 27) NORTH 41.654271 DEG. LONGITUDE (NAD 27) WE 110.749074 DEG. 1000 20,0C SURVEYORS STA TEMENT CLEMENT R. WLLIAMS, CF ROCK SPRINGS, WYOMING, HERESY STATE: THS MAP WAS MADE FROM NOTES 7AKEN DURING AN ACTUAL FIELD SURVEY DONE 'UNDER MY DIRECT SUPER:I:S:0N ON OCTOBER 12, 2009 AND THAT THIS PLAT CORRECTLY SHOWS THE LOCATION OF BELL RL: TTE 11-3 AS STAKED ON HE GROUND. WYOMING PLS No. 6263 SCALE 1" 1000 PLAT OF DRILLEVG LOCATION FOR TRAIL ENERG} LLC 650' F/NL 500' F/WL, SECTION 3, T. 19 N., R. 118W., 6th P.M, INCOLN COUNTY, WYOMZVG