Loading...
HomeMy WebLinkAbout964933Sect Legal Source Deed 7 All coal in Lot 1 (fka the NW /4NW /4), Lot 2 (fka the SW /4NW /4), Lot 3 (fka the NW /4SW /4), Lot 4 (fka the SW /4SW /4), E /2W/2 and W/2 Clarification Deed recorded in Book 198 PR at Page 254 Recording Requested By And When Recorded Mail To: Westmoreland Kemmerer, Inc. 9540 South Maroon Circle, Suite 200 Englewood, CO 80112 Attn: M. Kegley CORRECTED SPECIAL WARRANTY DEED RECEIVED 6/5/2012 at 4:06 PM RECEIVING 964933 BOOK: 787 PAGE: 355 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SPACE ABOVE THIS LINE FO RECORDER'S USE This Corrected Special Warranty Deed is made and entered into as of the 18' day of May, 2012, by and between Chevron U.S.A. Inc., a Pennsylvania corporation (formerly known as Gulf Oil Corp.)(hereinafter called "Grantor and Westmoreland Kemmerer, Inc., a Delaware corporation (hereinafter called "Grantee Whereas, Grantor granted to Grantee certain property in Lincoln County, Wyoming under that certain Special Warranty Deed dated as of January 31, 2012 and recorded in the Real Property Records of Lincoln County, Wyoming on February 1, 2012 in Book 780 at Pages 498 through 505, which is attached as Exhibit A; and Whereas, said Special Warranty Deed erroneously described the property to be conveyed in the deed with regard to Section 7 of Township 19 North, Range 116 West of the 6 Principal Meridian. Whereas, Grantor and Grantee wish to correct the legal description contained in said Special Warranty Deed as to Section 7 of Township 19 North, Range 116 West of the 6 Principal Meridian. Now, therefore, for the consideration of Ten Dollars and other considerations in hand paid, Grantor and Grantee agree as follows: The Special Warranty Deed dated as of January 31, 2012 and recorded in the Real Property Records of Lincoln County, Wyoming on February 1, 2012 in Book 780 at Pages 498 through 505 is hereby corrected and revised by removing the following legal description (the "Removed Description Those certain fee interests in and to the minerals of Township 19 North, Range 116 West of the 6 Principal Meridian described as: 00355 This Document is being recorded by Rocky Mountain Title Insurence Agency of Lincoln County es a COURTESY only Sect Legal Source Deed 7 All coal in Lot 1 (fka the NW /4NW /4), Lot 2 (fka the SW /4NW /4), Lot 3 (fka the NW /4SW /4), Lot 4 (fka the SW /4SW /4), E /2W/2 and E/2 Clarification Deed recorded in Book 198 PR at Page 254 The Removed Description is hereby replaced by the following legal description: Those certain fee interests in and to the minerals of Township 19 North, Range 116 West of the 6 Principal Meridian described as: All other terms and covenants as set forth in the Special Warranty Deed dated January 31, 2012 shall not be affected by this Corrected Special Warranty Deed. Grantor, for itself and its successors, covenants with Grantee, Grantee's heirs and assigns, that it will, and its successors shall, except for Permitted Encumbrances (as defined in that certain Purchase and Sale Agreement between Chevron Mining Inc. and Grantee dated as of December 23, 2011), warrant and defend it to Grantee, Grantee's heirs, executors, and assigns forever against all persons lawfully claiming from, through or under the Grantor, but not otherwise. This Corrected Special Warranty Deed may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. [Signature Page to Follow] In witness whereof, Grantor and Grantee have executed this Corrected Special Warranty Deed as of the date first hereinabove set forth. Grantor Chevron U.S.A. Inc., a Pennsy nia corporation a3A,, By: Name: Title: Grantee Frank G. Soler Assistant Secretary Westmoreland Kemmerer Inc., a Delaware corporation By: Name: Title: iti357 State of California County of Contra Costa On May 15' 2012 before me, K. Henry, Notary Public, personally appeared Frank G. Soler, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. 00358 K. HENRY Commission 1960461 Notary Public California Contra Costa County Signature R (Seal) M Comm. Ex Tres Dec 13, 2015 z In witness whereof, Grantor and Grantee have executed this Corrected Special Warranty Deed as of the date first hereinabove set forth. Grantor Chevron U.S.A. Inc., a Pennsylvania corporation By: Name: Title: Grantee Westmoreland Kemmerer Inc., a Delaw_ e corporation 00359 State of Cokafia.4 ss. County of 1Occtc As Witness my hand and official seal. My Commission Expires: A u 6' 3°r The foregoing instrument was acknowledged before me, a notary public in and for said County and State, by.T ;vsvrrz4 .S C /4/aizei, this tk day of MA y 20.1.A. ,0 111111 I iv 20 G pR N F,c�;o-,�� PUBLIC My Commission Expires August 21, 2014 C Notary Public 00360 Exhibit A [Special Warranty Deed dated January 31, 2012 from Chevron U.S.A. Inc. to Westmoreland Kemmerer, Inc.] u0361 127611 Recording Requested By And When Recorded Mail To: \Alcsirmorulcteut 1(emmtreA Inc 95go Sol kii YYtarao Girl. Seµk. Apt, Eno C0 80112.. P/ m. Key icy SPECIAL WARRANTY DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE Grantor, Chevron U.S.A. Inc. (successor to Gulf Oil Corp.), hereinafter called Grantor, for the consideration of Ten Dollars and other considerations in hand paid, conveys and specially warrants to Westmoreland Kemmerer, Inc., hereinafter called Grantee, real property in the County of Lincoln and State of Wyoming described on Exhibit A, with all its appurtenances, subject to all reservations, restrictions, encumbrances, easements, rights -of -way and possessory estates defined as Permitted Encumbrances under that certain Purchase and Sale Agreement between Chevron Mining Inc. and Westmoreland Kemmerer, Inc. dated as of December 23, 2011. Grantor, for itself and its successors, covenants with Grantee, Grantee's heirs and assigns, that it will, and its successors shall, except for Permitted Encumbrances, warrant and defend it to Grantee, Grantee's heirs, executors, and assigns forever against all persons lawfully claiming from, through or under the Grantor, but not otherwise. Effective as of the 31st day of January, 2012. Chevron U.S.A. Inc., a Pennsylvania corporation By: Name: Title: M.r,t Ass :5*A.-,1- 5ecre.fAr,r 00302 00498 RECEIVED 2/1/2012 at 4:20 PM RECEIVING 963020 BOOK: 780 PAGE: 498 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY State of California County of Contra Costa) On January 30, 2012 before me, K. Henry Notary Public, personally appeared Michael W. Woody, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. Signature 703431621v4 (Seal) 90363 00499 K. HENRY Commission 1860481 Notary public California Contra Coata County My Comm. Expires Dec 13, 2015 Sect Legal Source Deed 18 Resurvey Tract 96 (fka the SE /4) Deed and Assignment recorded in Book 190 PR at Page 465 20 Resurvey Tract 90 (fka the W /202), Resurvey Tract 91 (fka the E/2W /2), Resurvey Tract 92 (fka the W /2SW /4) and Resurvey Tract 95 (fka the W /2NW /4) Deed and Assignment recorded in Book 190 PR at Page 465 29 Resurvey Tract 85 (fka the W /2SW14), Resurvey Tract 86 (fka a portion of the SI2NW /4), Resurvey Tract 87 (fka a portion of the N /2NW /4), Resurvey Tract 88 (fka the E/2W /2), Resurvey Tract 90 (fka a portion of the NW /4NE/4), Resurvey Tract 91 (fka a portion of the NE /4NW /4) and Resurvey Tract 92 (fka a portion of the NW /4NW /4) Deed and Assignment recorded in Book 190 PR at Page 465 30 Resurvey Tract 85 (fka the E /2SE /4), Resurvey Tract 86 (fka the S /2NE/4 and SE /4NW /4), Resurvey Tract 87 (fka the N /2NE /4 and NE/4NW /4), Resurvey Tract 92 (fka a portion of the N/E/4NEI4) and Resurvey Tract 93 (fka a portion of the N /2N /2) Deed and Assignment recorded in Book 190 PR at Page 465 31 Resurvey Tract 81 (fka the E /2SE /4), Resurvey Tract 82 "A `B "C" and "D" (fka the W /2SE/4 and E /2SW /4), Resurvey Tract 83 (fka the W/2NEl4 and FJ2NW /4), Resurvey Tract 84 `B" and "C" (fka the E/2NE/4) and Resurvey Tract 85 (fka a portion of the NE/4NE/4) Deed and Assignment recorded in Book 190 PR at Page 465 Sect Legal Source Deed 3 Lot 5 (fka the SW /4NW /4), Lot 6 (fka the SE/4NW /4), Lot 7 (fka the SW /4NE /4), Lot 8 (fka the SE/4NE/4)'and the SE/4 Deed and Assignment recorded in Book 190 PR at Page 465 10 NE /4 and SE/4 Deed and Assignment recorded in Book 190 PR at Page 465 I I NW /4NW /4 Deed and Assignment recorded in Book 190 PR at Page 465 14 E/2, SW /4NW /4 and SW /4 Patent 49 -84 -0046 recorded in Book 396 PR at Page 513 15 NW /4, NE/4 and SE/4 Deed and Assignment recorded in Book 190 PR at Page 465 22 NE /4 Deed and Assignment recorded in Book 190 PR at Page 465 703431621v4 Exhibit A I. Those certain fee interests iri and to the surface land (excluding mineral rights) in the County of Lincoln, State of Wyoming, more particularly described as: A. Those sections of Township 20 North, Range 117 West of the 6 Principal Meridian described as: B. Those sections of Township 21 North, Range 116 West of the 6 Principal Meridian described as: 00364 00500 Sect Legal Source Deed 5 All coal in Lot 1 (fka the NF/4NE /4), Lot 2 (fka the NW /4NE /4), Lot 3 (fka the NE /4NW /4), Lot 4 (fka the NW /4NW /4), S /2N /2 and the S/2 Clarification Deed recorded in Book 198 PR at Page 254 7 All coal in Lot 1 (fka the NW /4NW /4), Lot 2 (flca the SW /4NW /4), Lot 3 (fka the NW /4SW /4), Lot 4 (fka the SW /4SW /4), E/2W /2 and W/2 Clarification Deed recorded in Book 198 PR. at Page 254 8 All coal in NW /4 and SW /4 Clarification Deed recorded in Book 198 PR at Page 254 17 Number one coal seam only in: W /2W /2 Clarification Deed recorded in 196 PR at Page 825 30 All coal of said section Less and except property transferred by Deed recorded at Book 20 at Page 159 Clarification Deed recorded in Book 198 PR at Pages 254 Sect Legal Source Deed 4 All coal in Lot 3 (fka the SE /4NW /4), Lot 4 (fka the SW /4NW /4) and the SW /4 Clarification Deed recorded in Book 198 PR at Page 254 5 All coal interests in Lot 1 (fka the SE/4NE/4), Lot 2 Ma the SW /4NE/4), Lot 3 (fka the SE/4NW /4), Lot 4 (fka the SW /4NW /4) and the S/2 Clarification Deed recorded in Book 198 PR at Page 254 7 All coal interests in Lot 1 (fka the NW /4NW /4), Lot 2 (fka the SW /4NW /4), Lot 3 (fka NW /4SW /4) and Lot 4 (fka the SW /4SW /4), E /2W/2 and E/2 Clarification Deed recorded in Book 198 PR at Page 254 Sect Legal Source Deed 24 All coal in Lot 1 (fka the NE/4NE4), Lot 2 (fka the SE /4NE4), Lot 3 (fka the NE /4SE /4), Lot 4 (fka the SE /4SE/4), W /2E/2 and W/2 Clarification Deed recorded in Book 198 PR at Page 254 32 Resurvey Tract 81 (fka the W /2SW /4), Resurvey Tract 84 "A" and "D" (fka the W /2NW /4) and Resurvey Tract 85 (fka a portion of the NW /4NW /4) Deed and Assignment recorded in Book 190 PR at Page 465 II. Those certain fee interests in and to the minerals in the County of Lincoln, State of Wyoming, more particularly described as (to the extent expressly noted below, in some instances the ownership is for less than all of the mineral rights): A. Those sections of Township 19 North, Range 116 West of the 6`h Principal Meridian described as: B. Those sections of Township 19 North, Range 117 West of the 6`h Principal Meridian described as: C. Those sections of Township 20 North, Range 116 West of the 6` Principal Meridian described as: 703431621v4 4 ,;0305 00501 Sect Legal Source Deed 1 All coal interests in Lot 5 (fka the SW /4NW /4) and the NW /4SW /4 Clarification Deed recorded in Book 198 PR at Page 254 2 Lot 5 (fka the SW /4NW /4) and the W /2SW /4 Deed and Assignment recorded in Book 190 PR at Page 465. 2 All coal interests in: Lot 6 (fka the SE/4NW /4), Lot 7 (fka the SW /4NE/4), Lot 8 (fka the SE/4NE/4), E/2SW /4 and SE/4 Deed and Assignment recorded in Book 190 PR at Page 465 and Clarification Deed recorded in Book 198 PR at Page 254 3 Lot 5 (fka the SW /4NW /4), Lot 6 (fka the SE /4NW /4), Lot 7 (fka the SW/4N13/4), Lot 8 (fka the SE /4NEJ4) and the SE/4 Deed and Assignment recorded in Book 190 PR at Page 465. 10 NE /4 and SE/4 Deed and Assignment recorded in Book 190 PR at Page 465. 11 NW /4NW /4 Deed and Assignment recorded in Book 190 PR at Page 465. 11 All coal interests in W/2 SW /4 and SW /4 NW /4 Clarification Deed recorded in Book 198 PR at Page 254 11 All coal interests in NE/4 and E/2 NW /4 Clarification Deed recorded in Book 198 PR at Page 254 14 All coal interests in N /2NW /4 and SE/4NW /4 Clarification Deed recorded in Book 198 PR at Page 254 15 NW /4, NE /4 and SE/4 Deed and Assignment recorded in Book 190 PR at Page 465. 22 NE /4 Deed and Assignment recorded in Book 190 PR at Page 465. 8 All coal interests in an undivided 1/3 Interest in the E /2E/2 Clarification Deed recorded in Book 198 PR at Page 254 17 All coal interests in all of said section Clarification Deed recorded in Book 198 PR at Page 254 19 All coal in Lot 1 (fka the NW /4NW /4), Lot 2 (fka the SW /4NW /4), Lot 3 (fka the NW /4SW /4), Lot 4 (fka the SW /4SW /4) and the E /2W /2 Clarification Deed recorded in Book 198 PR at Page 254 29 All coal interests in E/2 Clarification Deed recorded in Book 198 PR at Page 254 31 All coal interests in Lot 1 (fka NW /4NW /4), Lot 2 (fka the SW /4NW /4), Lot 3 (fka the NW /4SW /4) and Lot 4 (fka the SW /4SW /4) Clarification Deed recorded in Book 198 PR at Page 254 32 All coal interests in E/2NW /4 and E/2SW /4 Clarification Deed recorded in Book 198 PR at Page 254 D. Those sections of Township 20 North, Range 117 West of the 6 Principal Meridian described as: 703431621v4 5 o 00502 Sect Legal Source Deed 5 Coal only interests in: Resurvey Tract 105- (fka the E /2SW /4 and W /2SE/4) of 5- 21N -116W Special Warranty Deed recorded in Book 206 PR at Page 499 5 6 Coal only interests in: Resurvey Tract 106- (fka the W /2SW /4 of Section 5 and the E/2SE/4 of 6) Special Warranty Deed recorded in Book 206 PR at Page 499 7 Coal only interests in: Resurvey Tract 102 (fka the SE/4) specifically excluding all coal and coal rights underlying the UPRR railroad rights of way Special Warranty Deed recorded in Book 206 PR at Page 499 8 Coal only interests in: Resurvey Tract 103 (fka the SW /4) specifically excluding all coal and coal rights underlying the UPRR railroad rights of way, and in Resurvey Tract 104 (fka the SE/4) Special Warranty Deed recorded in Book 206 PR at Page 499 17 Coal only interests in Resurvey Tract 97 (fka the SWI4), Resurvey Tract 99 (fka the NE/4) and Resurvey Tract 100 (fka the NW /4) Warranty Deed recorded in Book 206 PR at Page 499. 18 Coal only interests in Resurvey Tract 101 (fka the NE/4) Special Warranty Deed recorded in Book 206 PR at Page 499. 18 Resurvey Tract 96 (fka the SE /4) Deed and Assignment recorded in Book 190 PR at Page 465 19 Resurvey Tract 92 (fka the E/2SE /4), Resurvey Tract 93 (fka the W /2SE/4 and a portion of the SW /4), Resurvey Tract 94 (fka the W /2NE /4 and a portion of the E/2NW /4) and Resurvey Tract 95 (fka the W2NE /4) Deed and Assignment recorded in Book 190 PR at Page 465 20 All coal interests in: Resurvey Tract 90 (fka the W /2E/2), Resurvey Tract 91 (fka the E /2W /2), Resurvey Tract 92 (fka the W /2SW /4) and Resurvey Tract 95 (fka the W /2NW /4). Also Lot 1 fka the NE/4NE /4 and Lot 2 fka the SE/4N11/4. Deed and Assignment recorded in Book 190 PR at Page 465 and Clarification Deed recorded in Book 198 PR at Page 254 21 All coal interests in: SW /4NW /4, W /2SE/4 and the NE /4SW /4 Clarification Deed recorded in Book 198 PR at page 254 28 All coal interests in W /2NE/4 and the NW /4 Clarification Deed recorded in Book 198 PR at page 254 29 Coal only interests in: Lot 1 (fka the NE/4NF/4) and Lot 2 (fka the SE /4NE/4), Resurvey Tract 85 (fka the W /2SW /4), Resurvey Tract 86 (fka a portion of the S /2NW /4), Resurvey Tract 87 (fka a portion of the N /2NW /4), Resurvey Tract 88 (fka the FJ2W /2), Resurvey Tract 89 (fka the W /2E/2), Resurvey Tract 90 (fka a portion of the NW /4NE /4), Resurvey Tract 91 (fka a portion of the NE /4NW /4) and Resurvey Tract 92 (fka a portion of the NW /4NW /4) Clarification Deed recorded in Book 198 PR at page 254 Deed and Assignment recorded in Book 190 PR at Page 465 30 Resurvey Tract 85 (fka the E /2SE /4), Resurvey Tract 86 (fka the S /2NE/4 and SE /4NW /4), Resurvey Tract 87 (fka the N /2NE/4 and NE /4NW /4), Resurvey Tract 92 (fka a portion of the N/E/4N13 /4) and Resurvey Tract 93 (fka a portion of the N /2N /2) Deed and Assignment recorded in Book 190 PR at Page 465 E. Those sections of Township 21 North, Range 116 West of the 6 Principal Meridian described as: 703431621 v4 6 "0367 00503 31 Resurvey Tract 81 (fka the E /2SE/4), Resurvey Tract 82 "A `B "C" and `D" (fka the W /2SE/4 and E /2SW /4), Resurvey Tract 83 (fka the W /2NE/4 and E/2NW /4), Resurvey Tract 84 "B" and "C" (fka the E/2NE /4) and Resurvey Tract 85 (fka a portion of the NE/4NE/4) Deed and Assignment recorded in Book 190 PR at Page 465 32 Coal only interests in: Resurvey Tract 80 (fka the Clarification Deed recorded in 30 E/2W /2), Resurvey Tract 81 (fka the W /2SW /4), Resurvey Book 198 PR at Page 254 and 31 Tract 84 "A" and "D" (fka the W /2NW /4) and Resurvey Deed and Assignment recorded in Tract 85 (fka a portion of the NW /4NW /4) Book 190 PR at Page 465 35 All coal interests in the portion of Resurvey Tract 107 (fka Clarification Deed recorded in the NE /4NW /4, N /2NE/4, S /2N/2 and the S /2) located in this section and Resurvey Tract 43 (fka the NW /4NW /4) Book 198 PR at Page 254 Less and except properties and rights transferred by: 1) Quitclaim Deed recorded in Book 639 at Page 554 2) Quitclaim Deed recorded in Book 639 at Page 301 3) Quitclaim Deed recorded in Book 638 at Page 595 4) Quitclaim Deed recorded in Book 638 at Page 610 Sect Legal Source Deed 19 All coal interests in Lot 3 (fka the NW /4SW /4, Lot 4 (fka the SW /4SW /4) and Resurvey Tract 37 Less and except properties and rights transferred by: Coal Deed recorded in Book 20 at page 231 Clarification Deed recorded in Book 198 PR at Page 254 30 All coal interests in Lot 1(fka the NW /4NW /4), Lot 2 (fka the SW /4NW /4), Lot 3 (fka the NW /4SW /4), Lot 4 (fka the SW /4SW /4) and the E/2SW /4 Clarification Deed recorded in Book 198 PR at Page 254 31 All coal in NE/4NW /4 Clarification Deed recorded in Book 198 PR at Page 254 Sect Legal Source Deed 13 All coal interests in Lot 3 (fka a portion of the NW /4SE/4) and Lot 4 (fka a portion of the SW /4SE /4) Clarification Deed recorded in Book 198 PR at Page 254 24 All coal interests in Lot 1 (fka the NW /4NE/4) and Lot 2 (fka the SW /4NE/4) Less and except properties and rights transferred by: document recorded in Book 20 at page 231 Clarification Deed recorded in Book 198 PR at Page 254 F. Those sections of Township 22 North, Range 115 West of the 6 Principal Meridian described as: G. Those sections of Township 22 North, Range 116 West of the 6 Principal Meridian described as: 703431621 v4 7 25 All coal interests in Lot 1 (fka a portion of the Clarification Deed recorded in SE /4SE/4), Lot 2 (fka a portion of the SW /4SF/4), Lot 3 Book 198 PR at Page 254 (fka a portion of SE/4SW /4), Lot 4 (fka a portion of the SW /4SW /4), Lot 6 (fka a portion of the SF/4SW14, Lot 7 (fka a portion of the SW /4SE /4) Lot 8 (fka a portion of the SE /4SE/4), and NE/4, S /2NW /4, N /2SW /4 and the N /2SE/4 36 All coal in Resurvey Tract 49: All of Lot 8 (fka the Clarification Deed recorded in NE /4NE/4), Lot 9 (fka the NW /4NE/4), Lot 10 (fka the Book 198 PR at Page 254 NE /4NW /4), Lot 11(fka a portion of the NW /4NW /4), Lot 13 (fka a portion of the SW /4NW /4), the W/2 of Lot 14 (fka a portion of the SE /4NW /4), Lot 15 (fka the SW /4NFJ4), Lot 16 (fka the SE /4NE /4), Lot 17 (fka the NE /4SE/4), Lot 18 (fka the NW /SE/4), the NW /4 of Lot 19 (fka a portion of the NE/4SW /4), Lot 20 (fka a portion of the NW /4SW /4), Lot 23 (fka the SW /4SW /4), Lot 24 (fka the SE /4SW /4), Lot 25 (fka the SW /4SE/4) and Lot 26 (fka the SE/4SE/4) 703431621v4 8 1369 '00505