HomeMy WebLinkAbout965270KtUtIVED 6/26/2012 at 10:46 AM
RECEIVING 965270
BOOK: 788 PAGE: 302
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
COUNTY OF LINCOLN
ROADWAY RIGHT-OF-WAY
KNOW ALL PERSONS BY THESE PRESENTS:
THIS EASEMENT, Made th t i Alay of hk t% 2012 effective September 1,
2007, between ANADARKO LAND CORP, a corporation of the State of Nebraska, whose address is
P.O. Box 1330, Houston, Texas 77251 -1330, Grantor, and Geraldine A. Krall Trust, Geraldine A.
Krall, Trustee, whose address is P. 0. Box 85, Kemmerer, Wyoming 83101, 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
fora right -of -way for the construction, operation, maintenance, repair, renewal, reconstruction and
use of a non exclusive access roadway for pedestrian and vehicular ingress and egress purposes
and the installation, construction, maintenance repair, replacement and operation of related fixtures,
equipment, marker posts and appurtenances deemed necessary or appropriate and the installation,
construction, maintenance, repair, replacement and operation of utilities and related fixtures,
equipment and appurtenances thereto deemed necessary or appropriate together with the right to
clear and keep clear all trees, roots, brush and other obstructions located in or on the Easement
(hereinafter called "Facility upon, along and under the surface of the land situated in 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 Premises for the
purpose of exercising the rights granted.
RESERVING, however, to Grantor, its successors and assigns, the right to construct at any
and all times and to maintain roads, highways, pipelines and telephone, telegraph and electric
power pole 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, pole 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 Easement described in Exhibit A is for a strip of land Thirty feet (30') in width shown in
the Exhibit A.
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.
0030
Audit No. D02951
2
d u30
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 Reoovery 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 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 ATTORNEYS 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, EMPLOYEESAND /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.
This Easement shall be binding upon and inure to the benefit of the Grantor and
Grantee, their successors and assigns as owners with respect totheir respective interests in the
Easement lands, and the terms and conditions hereof shall burden the Premises for the benefit
of the Easement granted hereby and shall be covenants running with the land. Grantee shall not
assign this Easement or any interest therein, without the prior written consent of Grantor, which
consent shall not be unreasonably withheld.
This Easement shall remain in full force and effect (unless abandoned by Grantee) as
long as Grantee complies with the terms and provisions hereof and Grantor shall not terminate
this Easement unless Grantee has failed to remedy any default of any such term or provision
within ninety (90) days of receiving written notice of default from Grantor. Such notice shall
describe in reasonable detail the term or provision of which Grantee is in default and shall be
sent by certified mail or other form of delivery the receipt of which is confirmed in writing.
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, cr 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 writteneffective September 1, 2007.
NA ARKO LAND CORP.
07 6 (f-
Wine Ann`�yroad
Agent Attorney -In -Fact
3
Geraldine A. Krall Trust
ri 0..,1
x /Z if
ine A. Krall, Trustee
J
00304
STATE OF TEXAS
COUNTY OF MONTGOMERY
The foregoing instrument was acknowledged before me this la day of dunk) 2012,
by Jane Ann Byroad, Agent Attorney -In -Fact of Anadarko Land Corp.
WITNESS my hand and official seal.
My commission expires:
1.r*s%
M MELTON
`s`t_ :notary Public, State of Texas
My Commission Expires
�f` April 12, 2014
STATE OF WYOMING
COUNTY OF
ss:
ss:
On this 2tJ' day of 6./.4c -E., 2012, before me personally appeared Geraldine A.
Krall, as Trustee of the Geraldine A. Krall Trust, to me known to be the person(s) described in and
who executed the foregoing instrument, and acknowledged that he /she /they executed the same as
their free act and deed.
My commission expires: ..2?-..0/ES
Jenny CI: Notnry Public
County ci State of
Uncoil, Wyoming
E AL 1.1 2 ,7-0 iS
;»JT;x,r iI-( /k -Lk
N Public
4
00305
Legal Description- Access Road Easement
Anadarko to KraII (NE Section 9)
Exhibit A
An easement for ingress and egress across the NE1 /4 of Section 9 of the resurvey of T.20N., R.116W, 6th P.M.,
Lincoln County, Wyoming. Said easement being for the benefit of Grantee's lands being the NW1 /4 of Section 10
of said resurvey of T.20N., R.116W., 6th P.M., Lincoln County, Wyoming. Said easement being 30.00 feet in width,
and being bound by parallel lines offset 15.00 feet each side of the following described centerline. Said offset
parallel boundary lines extend to or are truncated by the boundary lines of said NE Y4 of Section 9.
Commencing at the common corners of Sections 3, 4, 9, and 10 of the resurvey of T.20N., R.116W., of the 6 P.M.,
Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence S0 02'00 "W, 1174.00 feet to the
Point of Beginning of this description from which the common corner of Sections 9 10 bears S 0 °02'00 "W,
1440.13 feet and being monumented by a standard U.S.G.L.O. brass cap;
Thence N 80 50'08 "W, 77.65 feet to the PC of a curve to the right;
Thence 297.67 feet along the arc of said curve to the right to the PT of said curve. Said curve to the right having a
central angle of 22 44'26" and a radius of 750.00 feet;
Thence N58 °05'42 "W, 455.72 feet;
Thence N 64 53'25 "W, 670.83 feet;
Thence N 60 °38'02 "W, 261.34 feet to the PC of a curve to the right.
Thence 280.38 feet along the arc of said curve to the right to the PT of said curve. Said curve to the right having a
central angle of 32 °07'44" and a radius of 500.00 feet;
Thence N 28 °30'18 "W, 70.75 feet to the PC of a curve to the right;
00306
Crank Co snow, lncoirjorated
Consulting Engineering
Land Surveyin Division
41 US 30/189, Diamondville, Wyoming 83116 o Fax (307) 877 -6351
P.O. Box 365, Diamondville, Wyoming 83116 o Phone (307) 877 -9093
Thence 57.62 feet along the arc of said curve to the right to the PT of said curve. Said curve to the right having a
central angle of 41 16'00" and a radius of 80.00 feet;
Thence N12 °45'42 "E, 95.36 feet to a point on the north boundary line of said Section 9. Said point being the point
of terminus from which the common 1/4 corner between Sections 4 and 9 bears N 89 55'12 "W, 830.71 feet.
Said easement being 2267.3 feet in length more or less.
Y: \4599 Jerry Krail \Correspondence \Legal description Access.docx
EXISTING BRIDGE
EXISTING
GRAVEL ROAD
S 89.55'12' E
830.71' N 1245•42 E
BC 9536' I
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261.34'
NEW 30' ACCESS EASEMENT
15' EACH SIDE
400
Scale: 1" 400'
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478.83'
ANADARKO
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EASEMENT
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SKETCH OF
ANADARKO TO KRALL EASEMENT
NE 1/4, SEC 9, RESURVEY OF T. 20 N., R. 116 W., 6TH P.M.
LINCOLN COUNTY, WYOMING
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