HomeMy WebLinkAbout968265RECEIVED 11/30/2012 at 2:43 PM
RECEIVING 968265
BOOK: 799 PAGE: 509
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
ss
COUNTY OF LINCOLN
EASEMENT
TRACT 1
KNOW ALL MEN BY THESE PRESENT
00509
Kemmerer Hill Communication Site
THAT the undersigned, hereinafter called Grantor, whether one or more, in
consideration of the sum of Twenty Thousand Dollars and No /100 ($20,000.00) and other good
and valuable consideration in hand paid by COLORADO INTERSTATE GAS COMPANY, L.L.C. a
Delaware limited liability company, hereinafter called "CIG the receipt of which is hereby
acknowledged, does grant, sell, and convey unto said CIG, its successors and assigns, the right,
privilege, and authority to construct, operate, maintain, repair, replace and remove a
microwave tower and equipment, radio and communications equipment, and all other
necessary and related facilities for the use in connection with CIG's natural gas pipeline system
on the following property situated in the County of Lincoln, State of Wyoming:
A tract of land, 50 feet by 50 feet, in the Northwest Quarter of the Northeast Quarter
(NWANEY4) of Section Nineteen (19), Township Twenty -One (21) North, Range One
Hundred Fifteen (115) West, Lincoln County, Wyoming, being more particularly
described as follows:
Beginning at a point in the NWANE% of Section 19- 21N -115W, Lincoln County,
Wyoming, which point of beginning bears South 66 West 2278.10 feet from the
Northeast corner of Section 19; Thence, traversing, South 04 2 22'42" West 50 feet to a
point; Thence North 85 2 37'18" West to a point; Thence North04 2 22'42" East to a point;
Thence South 85 East 50 feet to the point of beginning, said tract containing .057
acres, more or less.
In addition Grantor grants unto CIG the exclusive use of the surface of the above
described site for the purposes stated herein. All structures placed upon said premises shall,
regardless of the character thereof, remain the personal property of CIG and shall be removed
therefrom once CIG has officially abandoned, through the Federal Energy Regulatory
Commission "FERC process, said property and providing written notice to Grantor,
successors, and assigns.
Grantor further grants unto CIG, its successors and assigns, the right, privilege, and
authority to construct, maintain, and use an access road, twenty (20) feet in width, to and from
the above site, the centerline of said access road being described as follows:
A tract of land in the Northwest Quarter of the Northeast Quarter (NW %NE% of Section
Nineteen (19) and the Southeast Quarter (SPA) of Section 18, all in Township Twenty -one (21)
North, Range One Hundred Fifteen (115) West, Lincoln County, Wyoming, being more
particularly described as follows:
Commencing at the Northeast corner of Section 19 -21N-
115W, Lincoln County, Wyoming, thence South 66 08'11"
West 2278.10 feet to a point, said point being the
Northeast corner of the Kemmerer Hill Microwave Tower
Site, thence North 85 °37'18" West 25 feet, with and
along the north property line of said tower site, to
the True Point Of Beginning; thence, with and along the
centerline of said right of way and easement, 20 feet
in width, North 16 °07'42" East 254.18 feet to a point;
thence North 04 °22'32" East 620.91 feet to a point;
thence North 00 °27'29" West 60.36 feet to the point of
intersection with the South property line of the SE4 of
Section 18- 21N -115W, which point bears North 89 °53'14"
West 1990.78 feet from the Southeast corner of said
Section 18, thence continuing North 00 °27'29" West
404.88 feet to a point; thence North 13 °15'47" West
655.91 feet to a point; thence North 42 °02'13" West
476.99 feet to a point; thence North 01 °09'36" East
630.79 feet to a point; thence North 09 °21'40" West
103.41 feet to a point; thence North 02 °45'58" East
412.96 feet to a point; thence North 14 °50'22" East
146.21 feet to the point of exit on the North property
line of the SE4 Section 18, which point bears South
89 °30'30" West 2399.87 feet from the Northeast corner
of said SE4 Section 18- 21N -115W.
TRACT 2
A tract of land in the Southeast Quarter (SE4) of
Section Seven (7), Township Twenty -one (21) North,
Range One Hundred Fifteen (115) West, Lincoln County,
Wyoming, being more particularly described as follows:
Beginning at a point on the South property line of the
SE4 of Section 7- 21N -115W, Lincoln County, Wyoming,
which point bears North 89 °39'04" East 595.47 feet,
with and along the north property line, from the
Southwest corner of said SE4 Section 7; thence, with
and along the centerline of said right of way and
easement, 20 feet in width, North 05 °27'44" East 64.70
feet to a point; thence North 19 °58'02" East 343.68
feet to a point; thence North 25 °35'43" East 328.14
feet to a point; thence North 09 °32'01" East 344.45
feet to a point; thence North 05 °55'04" East 304.76
feet to a point; thence North 09 55'08" East 321.85
feet to a point; thence North 34 °37'48" East 220.33
feet to a point; thence North 55 °39'10" East 141.95
feet to a point; thence North 41 57'17" East 225.07
feet to a point; thence North 30 °03'59" East 447.06
feet to a point; thence North 36 °36'10" East 125.26
feet to a point; thence North 28 °38'50" East 104.31
feet to the point of exit on the north property line of
the SE4 of Section 7, which point bears South 89 25'13"
West 907.13 feet from the Northeast corner of said SE4
of Section 7- 21N -115W.
Grantor further grants unto CIG, its successors and assigns, the right, privilege, and
authority to utilize any existing roads (being two track or more established dirt /paved roads),
to and from the above site, on the following tracts:
N%SE' /o and SE' /4SE% of Section 13- 21N -116W
S% and SE' /4NE% of Section 18- 21N -115W
N %NW''% and NW %NE' /o of Section 19- 21N -115W
It is agreed that the easement herein granted to CIG is for a three (3) year term
commencing October 25, 2012 at a payment of $20,000 per year and expiring on October 25,
2015. Upon the expiration of this term, this easement shall be renegotiated in good faith by
both parties.
005
9
Upon abandonment authorization from the Federal Energy Regulatory Commission
"FERC CIG shall have 60 days, weather permitting, to remove all structures and property
must be restored back to Grantor's approval. CIG shall remove CIG's building(s) and tower(s)
and shall reasonably restore the easement premises to its former condition. If CIG shall fail to
pay Grantor any rent or additional rent when the rent shall become due and shall not make the
payment within thirty (30) days after notice by Grantor to CIG by certified mail at the address
noted below, Grantor shall have the right to cancel and terminate this easement, as well as all
the right, title, and interest of CIG's hereunder, by giving to CIG not less than ninety (90) days
notice of the cancellation and termination. On the expiration of the time fixed in the notice, this
easement and the right, title, and interest of CIG hereunder shall terminate in the same manner
and with the same force and effect, except as to the CIG's liability for rental through the
remainder of the term, as if the date fixed in the notice of cancellation and termination were
the end of the term herein originally determined. CIG shall, at the termination of this easement,
vacate the easement premises, leaving them in the same condition they were in at the time on
such premises under and pursuant to this easement, except for reasonable use and wear, acts
of God or damage by causes beyond the control of the CIG, and upon vacating shall leave the
easement premises free and clear of all rubbish and debris.
Any and all notices shall be mailed via certified mail or overnight delivery to the
addresses below:
Grantor CIG
R. Gunter Family, LP Colorado Interstate Gas Company, L.L.C.
Attn: Ronald Gunter Attn: Land Dept.
106 Beryl St. 2 N. Nevada Ave.
Kemmerer, WY 83101 Colorado Springs, CO 80903
CIG covenants and agrees to indemnify, defend and hold Grantors, their agents and
employees, harmless against all actions, proceedings, claims, demands, loses, costs, damages,
expenses and legal fees whatsoever which may be brought against Grantors, their employees
and /or agents on account of bodily injury or death of a person(s) or damages to property of any
person arising out of, relating to or resulting, in whole or part, from CIG's operations on
Grantor's property, or from CIG's building and tower improvements on Grantor's property.
CIG shall obtain and keep in force insurance funding the above indemnity and defense with
limits of at least $1,000,000 for bodily injury and $500,000 for property damage.
It is agreed that this easement herein granted to CIG is an exclusive easement for uses
only as stated herein and is assignable in whole or in part by CIG.
Executed /00k/ 7 2012.
The R. Gunter Family, Limited Partnership Colorado Interstate Gas Company, L.L.C.
B
Ronald J. Gunter General Partner
B
Roge Gunter General Partner
By:
00511
PlM
STATE OF WYOMING
COUNTY OF LINCOLN
STATE OF WYOMING
COUNTY OF LINCOLN
NOTARY PUBLIC
STATE OF
WYOMING
TAMMY LAFAVE
COUNTY OF
LINCOLN
MY COMMISSION EXPIRES DECEMBERS, 2014
ss.
The foregoing instrument was acknowledged before me this day of
Y
,ivrl?o-e.t 2012 by Ronald J. Gunter, as general partner of The R. Gunter Family Limited
Partnership, a Wyoming limited partnership.
TAMMY u rAVE NOTARY PUBLIC
STATE OF
COUNTY OF W YOMING
LINCOLN
MY COMMISSION DECSIASER 3, 2014
My Commission expires: /2 'F17_/9
ss.
My Commission expires: /0t 5
foregoing instrument was acknowledged before me this S�j /14 day of
.4 ,�%�dy' b,,r.w'', 2012 by Roger C. Gunter, as general partner of The R. Gunter Family Limited
Partnership, a Wyoming limited partnership.
00512
STATE OF COLORADO
ss.
COUNTY OF EL PASO
The foregoing instrument was acknowledged before me this day of
kit) i r 2012 by ]c�r/c A. J(1SScl as Pttsi,64, t— er GuJ
Colorado Interstate Gas Company, a Delaware limited liability company.
My Commission expires: l24120/2
STEPHEN D. BACON
Notary Public
State of Colorado
My Commission Expires December 10, 2012
Notary Public
00