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HomeMy WebLinkAbout96947200505 ACCESS ROAD EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this (-9day of c_...14 a.A, 2012; effective January 29, 2012, between JIMMY LEE WHITTAKER and JOYCE ANN WHITTAKER whose address is P.O. Box 536, Kemmerer, WY 83101 -0536 "Whittaker and COLORADO INTERSTATE GAS COMPANY, L.L.C., to do business in Wyoming, whose address is P.O. Box 1087, Colorado Springs CO 80944 "CIG Together Whittaker and CIG are the "Parties." WHEREAS, Whittaker owns real property located in Lincoln County, Wyoming; and WHEREAS, on Whittaker's property is an existing private road approximately thirty (30') feet in width that is commonly referred to as the Wagon Wheel Road (the "Road that traverses the following described lands located in Lincoln County, Wyoming: Southeast Quarter of Section 30, Township 21 North, Range 114 West. The road is depicted on the map attached to this agreement as Exhibit A (hereinafter "the Road and made a part hereof by this reference; and WHEREAS, CIG has an existing natural gas high pressure pipeline (the "Pipeline and an existing facility which are related to the Pipeline (the "Facilities in areas near the Road or which can be most efficiently accessed by use of the Road; and WHEREAS, CIG desires to use the Road to access the area where the Pipeline and related Facilities specifically described here (together defined as "the Project are installed; and WHEREAS, CIG desires to use the Road for continuous operation and maintenance of the Project; and WHEREAS, CIG desires to enter into a non exclusive Road Agreement (the "Agreement with Whittaker so CIG may use the Road only for the purposes of maintaining and continuing to operate the Project described above pursuant to the terms and conditions of this Agreement for access to the Pipeline and Facilities; WHEREAS, Whittaker is willing to enter into a non exclusive Agreement with CIG upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of Ten Dollars ($10.00 and more) in hand paid and of the promises and mutual covenants set forth herein below, Whittaker does hereby grant, sell and convey to CIG, its successors and assigns a perpetual non exclusive right of way and easement for the use of the Road, subject to the extinguishment clause and other promises and mutual covenants set forth herein below: 1. It is understood and agreed that this Agreement does not and shall not extend generally for the use of this Road by the public. This Agreement grants to CIG, its employees, contractors, agents, and persons, as well as firms and corporations who are actively engaged in doing or performing work for CIG on the Project, the right to utilize the Road only for purposes of operation and maintenance activities of the existing Project. This does not include any expansion of existing facilities or construction of new pipelines or facilities. 2. While using the Road, CIG, its employees, contractors, agents and persons, as well as firms and corporations who are doing work for CIG shall not interfere or impede with Whittaker in the operations of the ranch. Whittaker retains the right to use the Road for transportation or mobilization of ranching equipment included but not limited to tractors, wagons, balers, swathers, and livestock trailers. Whittaker specifically retains the right to utilize the Road for herding or gathering livestock without notice to CIG. By entering into this Agreement, CIG specifically agrees to advise all its employees, contractors, agents and persons as well as anyone doing work for CIG to stop any vehicle being operated if Whittaker or Whittaker's agents are herding any livestock on the Road and to not interfere with any herding or gathering operation. RECEIVED 2/13/2013 at 2:29 PM RECEIVING 969472 BOOK: 804 PAGE: 505 JEANNE WAGNER COUNTY CLERK, KEMMERER, WY 5021111 0050 3. CIG and all its agents, employees and contractors shall not operate a vehicle on said Road at any speeds in excess of twenty (20) miles per hour. 4. Whittaker has notified CIG that it has entered into other non exclusive agreements for others to use the Road during the term of this Agreement. Whittaker and their successors and assigns retain the right to enter into additional agreements to allow others to use the Road. CIG shall be responsible for coordinating its use and safety while using the Road with all other users. 5. CIG agrees to cooperate with Whittaker and all other permitted users of the Road should Whittaker or any other permitted user wish to implement a gate, security, or entry system to control use of and access to and across the Road. Pending installation and implementation of a security gate, CIG agrees to have its employees, contractors, agents, and persons, firms and corporations who are utilizing said Road in association with the Project, clearly display some identifying mark on their vehicle such as a sign, placard or label of a specific color and /or design that can be easily recognized and distinguished from all others who use the Road from a reasonable distance. CIG agrees to advise Whittaker prior to use of the Road what that unique identifying flag or label is for identification purposes. 6. All rights granted in the Agreement are subject to all existing agreements, rights -of -way, easements, leases, licenses or other agreements previously granted by Whittaker and are further subject to the continuing right of Whittaker to extend or renew any or all of said rights -of -way, easements, leases, licenses or other agreements and enter into additional Agreements, rights -of- way, easements, leases, license or other agreements for use of the Road. 7. CIG and all its agents, employees and contractors shall not operate a vehicle on said Road nor be present on said Road at any time while possessing any firearm, alcohol beverage, or controlled substances unless that controlled substance is possessed pursuant to a valid prescription nor shall CIG or its agents, employees or contractors use said Road while under the influence of any alcoholic beverage or controlled substance unless pursuant to a valid prescription. As part of CIG's safety training, all agents, employees and contractors will be instructed that while on the Whittaker property they are prohibited from possessing, selling or being under the influence of illegal drugs or alcohol and are further prohibited from possessing firearms while on Whittaker property. All CIG agents, employees and contractors are required to complete safety training prior to beginning any work on a CIG project. Violation of this condition by an individual otherwise authorized to use this Road pursuant to this Agreement shall result in CIG prohibiting that person from the Project area. Failure of CIG to take such action shall be deemed a material breach in violation of this Agreement. 8. CIG shall be responsible for the negligence of all CIG's employees, agents, contractors, and all other persons arising from the use of the Road on behalf of CIG in association with this easement. 9. CIG acknowledges and agrees that it is responsible for damages, if any, to the Road, livestock, property or person of Whittaker occasioned by CIG's use of the Road. 10. CIG shall work to prevent the spread of noxious weeds on the land adjacent to the roadway. Any vehicles or equipment that has been operated recently in areas where leafy spurge or other noxious weeds exist shall be power washed prior to entry upon the Road. CIG shall work diligently to eliminate any noxious weeds, including leafy spurge that can reasonably be inferred to have been introduced to the premises by CIG's operations and shall cooperate with the other permitted road users to eliminate any noxious weeds growing adjacent to the roadway. 11. CIG agrees to hold Whittaker, including their partners, officers, and employees free and harmless from any and all liability caused by CIG's use of the Road and bridge or the use of the Road and bridge by its employees, contractors, agents, persons, and firms and corporations who are utilizing the Road and bridge on behalf of CIG in association with this easement. CIG further agrees to indemnify and hold harmless Whittaker as to all actions, claims, or suits including but not limited to attorney fees and costs arising from CIG's use of the Road or the use of the Road by CIG's employees, contractors, agents, persons, and firms and corporations who are utilizing the Road and bridge on behalf of CIG in association with [The remainder of this page is intentionally blank.] 00507 this easement. Whittaker retains the right to chose their attorney in such action and manage any and all litigation associated therewith. 12. CIG may not assign or otherwise transfer CIG's rights and interests herein or hereunder without prior written consent of Whittaker or their heirs, which consent shall not be unreasonably withheld. Any assignment or transfer prior to obtaining the written consent of Whittaker shall void this easement and the right of CIG or any assignee to use the Road and Whittaker shall be entitled to retain all monies paid by CIG and utilize all remedies available to Whittaker pursuant to this Agreement. 13. Should either party be required to retain an attorney to enforce any provision of this Agreement, the prevailing party, whether litigation is initiated or not, shall be entitled to receive reasonable attorney fees from the other party. 14. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. This instrument may be amended or modified only by a written agreement signed by both parties. 15. Notice as required in this Agreement shall be deemed given three (3) days after any written notice is deposited in the United States Mail, postage prepaid, certified mail, return receipt requested to the party at the address below: a. If to Whittaker: Jimmy Lee Whittaker and Joyce Ann Whittaker, P.O. Box 536, Kemmerer, WY 83101. b. If to CIG: CIG Pipeline, L.L.C., Attn: Land Manager, 2 North Nevada Avenue, Colorado Springs, Colorado 80903 Executed this ZAday of 2012. y Whittaker /Landowner P.O. Box 536 Kemmerer, WY 83101 STATE OF WYOMING COUNTY OF LINCOLN On this 20 day of Lee Whittaker and Joyce Ann Whittaker, known the foregoing instrument, and acknowledged that deed. WITWIEll(1�oband and official seal. R coU =,N )q p u g e s —Ist F e`, 1 Executed this day of) 201 pct COLORADO INTERSTATE GA COMPANY, L.L.C. On this C `iD1)0, thy- foregoing instrument, deed. s s. STATE OFC( )10(fl( ss. COUNTY OF J WITNESS my hand and official seal. day of VI z 201 efore me personally appeared know n o be the person described in and who executed and acknowledged that they executed the same as their own free act and DENISE M. TONEY Notary Public State of Colorado MM Q..QrYvftiaalgr) F*f^iira4 tpoot3ef 17, 2014 NOTARY PUBLIC oyce!Ann Whittaker, Landowner P.O. Box 536 Kemmerer, WY 83101 My Commission Expires NOTARY PUBLI 7io /2v 1 S My Commission Expires /O I c)D/ 0.0 0t8 2012, before me personally appeared Jimmy to be the person described in and who executed they executed the same as their own free act and 30 E xhibit A WAGON WHEEL ROAD ;:r.k`ri e:4**?€r 00501 15 22 WHITTAKER 29 HAMS FORK 32 33, I f. 10 .4 F,7 reo :AA r epp i /j3 12 13 OPAL moor at T.21 N•, 8.114 W. r T.20 N., R.114 Yr 1 s I f 7 I r isr I T2 0 I 0 tV CV F- F! 19 18 W zz