HomeMy WebLinkAbout974067RECD` 11/7/2013 at 1:55 PM
RECEIVING 974067
BOOK: 823 PAGE: 794
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
COUNTY OF LINCOLN
PIPELINE RIGHT -OF -WAY
Audit No. D03059
KNOW ALL PERSONS BY THESE PRESENTS:
Pi elfin- Right -of -Way Agreement (hereinafter called "Agreement is made thi i'
day of Garc 2013, between UINTA DEVELOPMENT COMPANY, a corporation of the
State of Wyoming, whose address is P.O. Box 1330, Houston, TX 77251 -1330, "Grantor and
WGR OPERATING, LP, a Delaware limited partnership whose address is P. O. Box 1330, Houston,
TX 77351, 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, sold and conveyed, and by these presents does grant, sell and
convey unto Grantee, and unto its successors and assigns, a nonexclusive easement for right -of-
way for the construction, operation, maintenance, repair, renewal, reconstruction and use of a
single six inch (6 outside diameter pipeline (hereinafter called "Pipeline with necessary
appurtenances thereto (hereinafter called "Facilities under the surface of the land situated in the
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 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, without cost, expense or compensation
whatsoever to Grantee but in such a way as not unreasonably to interfere with Pipeline or Facilities
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. The easement granted hereby is nonexclusive and Grantor may grant
such other easements and rights -of -way over and across the Premises as it may elect, provided that
any such other grant not unreasonably interfere with the rights granted to Grantee by this easement.
The easement granted hereby and described in Exhibit "A" is for a strip of land thirty feet (30') in
width for a Pipeline being fifteen feet (15') on either side of the centerline of the Pipeline when
constructed.
This Agreement 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.
This Agreement 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
Pipeline and /or Facilities 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
underneath 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 expense of Grantee and in compliance
with all Federal, State and County laws, rules, ordinances and regulations which are applicable to
the area of operations including but not limited to those pertaining to environment, fire, sanitation,
conservation, water pollution, and fish and game. All of Grantee's 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 AND ITS AFFILIATES, THEIR 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 AND /OR ITS AFFILIATES, THEIR OFFICERS, EMPLOYEES
AND /OR AGENTS, RESULTING FROM, OR CONNECTED WITH, SUCH VIOLATION AND /OR
VIOLATIONS.
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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 and regardless of the validity of the same
and Grantee shall thereupon reimburse Grantor within thirty (30) days of receipt of Grantor's request
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 Recovery 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 within thirty (30) days
following Grantee's receipt of said permit.
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 ATTORNEY'S FEES AND 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
PIPELINE AND FACILITIES 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 PIPELINE AND
FACILITIES OR THE BURSTING OF OR LEAKS IN SAID PIPELINE AND FACILITIES
HEREINAFTER COLLECTIVELY CALLED "CLAIMS PROVIDED, HOWEVER, IF A CLAIM IS
CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF
GRANTOR OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, EMPLOYEES
AND /OR AGENTS, THEN GRANTEE'S INDEMNIFICATION AND HOLD HARMLESS
OBLIGATIONS ASSUMED IN THIS PARAGRAPH SHALL BE REDUCED IN PROPORTION TO
THE PRO RATA NEGLIGENCE OR WILLFUL MISCONDUCT, IF ANY, BY GRANTOR OR ANY
OF ITS AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, EMPLOYEES, AND /OR AGENTS IN
CONNECTION WITH SAID CLAIM. NOTHING HEREIN SHALL BE CONSTRUED AS MEANING
THAT GRANTEE IS AGREEING TO INDEMNIFY AND HOLD HARMLESS GRANTOR FOR
GRANTOR'S OWN NEGLIGENCE OR WILLFUL MISCONDUCT.
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 or
Grantee as the case may be.
Grantee shall not assign this Agreement, or any interest therein, without the prior written
consent of Grantor, which consent shall not be unreasonably withheld, and any attempt to assign by
Grantee without such prior written consent shall be void. Notwithstanding the foregoing, Grantee
may assign this Agreement or any portion thereof to any affiliated company without Grantor's
consent, but upon written notice to Grantor of such assignment. However, Grantee shall first obtain
the consent of Grantor before any assignment is made to a non affiliate of Grantee.
0796
Grantee hereby agrees to provide Grantor with an as -built plat of the Pipeline and Facilities
installed in the exercise of the rights granted hereunder within ninety (90) days of completion or
construction.
Notwithstanding anything contained herein to the contrary, it is hereby agreed and
understood that said Pipeline granted herein shall be buried at a minimum depth of forty -eight
inches (48
For the purposes of this Agreement, abandonment by the Grantee of the Pipeline and
Facilities shall be defined as Grantee's failure to use the Pipeline and Facilities or any portion
thereof for the uses heretofore stated for a period of twenty -four (24) consecutive months. In the
event of abandonment by the Grantee of the Pipeline and Facilities, all rights herein granted to the
Grantee in the Premises 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. Upon Grantor's written approval, Grantee may elect to abandon the subsurface
pipeline in place so long as Grantee abandons the Pipeline in place in accordance with all
applicable federal, state, and local safety standards then in effect; however, Grantee shall remove
any, and all, Facilities located on the Premises above such Pipeline.
If the Pipeline or Facilities or any portion thereof are abandoned and Grantee fails to remove
or abandon the Pipeline in place and remove the Facilities so abandoned and restore the portion of
the Premises to which the abandoned Pipeline and Facilities are appurtenant to its original condition
within one hundred twenty (120) days after receipt of notice from Grantor to perform such activities,
Grantor may perform such activities for the behalf of Grantee and Grantee shall thereupon
reimburse Grantor within forty -five (45) days of receipt of Grantor's request for any payment so
made, regardless of the reasonableness of the cost of such activities.
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.
This Agreement is also made by Grantor and accepted by Grantee subject to the possible
relocation of the Pipeline and Facilities granted herein. Grantor or its affiliates shall give Grantee
written notice of any intention to relocate said Pipeline and Facilities granted hereunder. Said notice
shall be provided not less than six (6) months prior to commencement of such relocation. If such
relocation is required by Grantor, Grantor shall provide Grantee, subject to availability of property
suitable for the intended use, a substitute right -of -way for the placement of Grantee's relocated
Pipeline and Facilities at no additional cost, with the exception of damages to crops, fences,
livestock or water supply ditches. Grantor and Grantee hereby agree that the cost associated with
the physical relocation of Grantee's Pipeline and Facilities shall be Grantee's sole responsibility.
In accordance with Section 1445(b)(2) of the Internal Revenue Code, Grantor, Federal ID
No. 87- 0185730, 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.
Subject to the foregoing, the terms and conditions of this grant shall be applicable to
Grantee, its successors and assigns.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the
date(s) set forth below in the acknowledgments, to be effective on the day and year first written
above.
STATE OF TEXAS
ss:
COUNTY OF MONTGOMERY
The foregoing instrument was acknowledged before me this ;irD day of
2013, by Jane Ann Byroad, as President of Uinta Development Company.
WITNESS my hand and official seal.
My commission expires
SUZANN TURNER
Notary Public
STATE OF TEXAS
My Comm. Exp. Aug. 10, 2010
(SEAL)
STATE OF COLORADO
COUNTY OF DENVER
(SEAL)
By:
-f�i`�
Nota Public
ss:
The foregoing instrument was acknowledged before me this rl'� day of `1 Vt` t`t .rk,
2013, by Ronald H. Olsen, Agent and Attorney -in -Fact WGR Operating, LP.
WITNESS my hand and official seal.
My commission expires
Notary Public
UINTA DEVELOPMENT COMPANY
4
Ann Byroad, Presi a ent
WGR OPERATING, LP
0797
Ronald H. Olsen, Agent and Attorney -in -Fact
Kathleen L. Allen
Notary Public
State of Colorado
My commission expires
REFERENCE DRAWING No.19030 (EXHIBIT Al)
Exhibit A
LEGAL DES CRIPTION
OF
A PROPOSED PIPELINE RIGHT -OF -WAY
ACROS S
UINTA DEVELOPMENT COMPANY LANDS
FOR
WGR OPERATING, LP
FEBRUARY 14, 2012
0798
19030
PIPELINE
A STRIP OF LAND, 30.00 FEET IN WIDTH FOR A PROPOSED PIPELINE RIGHT -OF -WAY, ALL
SITUATED WITHIN SECTION 29, TOWNSHIP 22 NORTH, RANGE 112 WEST, 6TH PRINCIPAL
MERIDIAN, LINCOLN COUNTY, WYOMING, THE BOUNDARIES THEREOF BEING 15.00FEE1'ON
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 29, TOWNSHIP 22 NORTH,
RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, BEINGABRASS
CAP AND IRON PIPE MONUMENT, THENCE NORTH 15°15'56" WEST, 2,530.52 FEET TO THETRUE
POINT OF BEGINNING;
THENCE NORTH 78 °27'51" EAST, 356.76 FEET;
THENCE SOUTH 69 °23'17" EAST, 80.06 FEET;
THENCE SOUTH 57 °0755" EAST, 72.41 FEET;
THENCE SOUTH 50 °08'00" EAST, 261.94 FEET;
THENCE SOUTH 38 °42'01" EAST, 91.77 FEET;
THENCE SOUTH 21 °02'36" EAST, 292.77 FEET;
THENCE SOUTH 80 °28'18" EAST, 107.50 FEET;
THENCE SOUTH 89 °26'40" EAST, 465.48 FEET;
THENCE SOUTH 87 °38'00" EAST, 142.56 FEET;
THENCE SOUTH 86°16'44" EAST, 365.96 FEET;
THENCE NORTH 67 °20'57" EAST, 166.31 FEET;
THENCE NORTH 06 °20'23" EAST, 429.27 FEET;
THENCE NORTH 21 °42'59" EAST, 1817.63 FEET;
THENCE NORTH 34 °29'51" EAST, 984.93 FEET TO THE POINT OF TERMINUS, SOUTH 04 °02'27"
WEST, 364.79 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 29, BEING A BRASS
CAP AND IRON PIPE MONUMENT.
THE TOTAL LENGTH OF A PROPOSED PIPELINE RIGHT -OF -WAY ACROSS UINTA
DEVELOPMENT COMPANY LANDS AS DESCRIBED ABOVE IS 5,635.35 FEET OR 341.54 RODS,
CONTAINING 3.881 ACRES, MORE OR LESS.
NUMBER
DIRECTION
DISTANCE
Ll
N 78 °27'51' E
356.76'
L2
S 69 °23'17' E
80.06'
L3
S 57 °07'55' E
72.41'
L4
S 50 °08'00' E
261.94'
L5
S 38 °42'01' E
91.77'
L6
S 21 °02'36' E
292.77'
L7
S 80 °28'18' E
107.50'
L8
S 89 °26'40' E
465.48'
L9
S 87 °38'00' E
142.56'
L10
S 86 °16'44' E
365.96'
L11
N 67 °20'57' E
166.31'
L12
N 06'20'23' E
429.27'
L13
N 21 °42'59' E
1817.63'
L14
N 34 °29'51' E
984,93'
SECTION 19, TOWNSHIP 22NORTA RANGE 111 WEST, of the 6th F,M,
NWNW
SWNW
NWSW
SWSW
I NENW
SENW
NESW
ISFSW
NWNE
INENE
+SESE
S 04 °02'27'
364.79'
NESE
SCALE: 1 1000'
DRG JOB No. 19030
EXHIBIT A1
BC S 89 °03'52' E 2642.02'
BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY WGR OPERATING, LP TO MAKE A
F A PROPOSED PIPELINE RIGHT -OF -WAY AS DESCRIBED AND SHOWN HEREON; THAT THE SURVEY OF
IS SUPERVISION AND AUTHORITY, COMMENCING ON THE 8th DAY OF FEBRUARY 2011: AND THAT
REPRESENTED UPON THIS PLAT.
BC
A MAP SHOWINGA
PROPOSED PIPELINE RIGHT -OF -WAY
PREPARED FOR:
WGR OPERATING, LP
SCALE
00' 0
0199
1" 1000'
1000'
STATE OF WYOMING
COUNTY OF LINCOLN
APPARENT OWNERSHIP:
UINTA DEVELOPMENT CO.
FOUND MONUMENT
SECTION CORNER
FOUND MONUMENT
QUARTER CORNER
PROJECTED CORNER
MONUMENT FOUND IN
PREVIOUS SURVEY
DATUM
SPCS WYWC (NAD 27)
STATEMENT OF SURVEYOR:
BRIAN L. FORBES STATES HE IS
SURVEY OF THE CENTERLINE 0
SAID WORK WAS MADE UNDER 1
SUCH SURVEY IS ACCURATELY
Total R -0 —W Width 30 Feet,
_15 Left, 15_Right of Centerline.
5635.35 Feet, 341.54 Rods, 3.881 Acres.
RIFFIN ASSOCIATES, INC.
v)362-502a 1414 ELK ST., ROCK SPRINGS, WY 82901
DRAWN: 2/14/12 JMB
REVISED: NA
3
--iiRDD ND
CIRK
(307)302-5028
DRAWN: 2/14/12 JMB
REVISED: NA
RIFFIN ASSOCIATES, INC.
1414 ELK ST., ROCK SPRINGS, WY 82901
SCALE: 1" 2000'
DRG JOB No. 19030
TOPO MAP B
0 8 0 a_
PROPOSED PIPELINE
FOR
WGR OPERATING, LP
SECTION 29, T22N, R112W
TOTAL PROPOSED LENGTH: 5,635.4±
PROPOSED PIPELINE."... EXISTING ROAD