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HomeMy WebLinkAbout865745WILLIAMS GAS PROCESSING COMPANY RIGHT -OF -WAY AND EASEMENT RECEIVED FORM WFS 1960 (6-89) ..-11 Y i O L. F i 4 •i Y STATE OF WYOMING 8 6 5 7 4 5 00 MAY -ti Ail II: 5 3 :ss. COUNTY OF LINCOLN BOOK` 15 335 JEANN rr l,i M'_--PR PAGE I P S, V thQ �r The undersigned, Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER CO FMMFr o r in hand paid by WILLIAMS GAS PROCESSING COMPANY, P.O. Box 58900, Salt Lake City, Utah 84158 -0900, hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee, its successors and assigns, an exclusive right -of -way and easement to locate, survey a route, construct, entrench, maintain, protect, inspect and operate a pipeline with appurtenances including but not limited to valves, metering equipment, electrical cable, cathodic equipment, roads and communication cable (said pipeline and appurtenances being hereinafter sometimes collectively called the "facilities over, under and through the hereinafter described land, approximately along the line designated by survey heretofore made or hereafter to be made by Grantee, through and over the said land on a right -of -way 50 feet in width being 35 feet on the North side and 15 feet on the South side of the centerline of the first pipeline constructed hereunder, situated in Lincoln County, State of Wyoming described below: Subdivision Section Township Range B M S 22 26 North 113 West 6th Within one (1) year from the date on which Grantor executes this right -of -way and easement, Grantee shall record a more specific description of this right -of -way and easement identifying the actual location of facilities as constructed. Grantee shall provide Grantor with a copy of this more specific description at or about the time that it is recorded. All pipeline construction by Grantee shall, at the time of construction thereof, be buried to such depth as well not interfere with ordinary cultivation, except that at the option of Grantee, such line my be placed above the channel of any stream, ravine, ditch or other water courses. This right -of -way and easement shall carry with it the right of ingress and egress to and from, and access on and along said right -of -way, with the right to use existing roads, for the purpose of constructing, inspecting, repairing, protecting and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe. During temporary periods Grantee may use such portions of the property along and adjacent to said right -of -way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate, protect and maintain the facilities over the right -of -way hereby granted unto the said Grantee, its successors and assigns, and the Grantee may assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, its heirs, legal representatives and successors in title. Grantee shall compensate the Grantor for all actual damages to Grantor's growing crops, pasture, fences, livestock and other real or personal property improvements caused by the construction, maintenance, repair, replacement or removal of the pipeline and appurtenant facilities. Grantee shall compensate the Grantor for all damages to Grantor's timber caused by the initial construction of the facilities; thereafter, Grantee will pay for any damages to Grantor's growing crops, grasses, trees, shrubbery or fences caused by the maintenance or operation of Grantee's facilities, provided, however, that the Grantee shall have the right from time to time to cut or clear trees, brush and other obstructions on the right -of -way that might interfere with the operation or maintenance of Grantee's facilities. Grantee will reseed any portion of the property that is disturbed pursuant to Grantee's activities upon the easement, mainly encompassing the burrow pit or areas adjacent to any roadway, but excluding any areas actually used for a roadway. Such reseeding shall be with grasses similar to the surrounding vegetation at a rate of 15 pounds per acre when drilled and 30 pounds per acre when broadcast, with seed mixture to be agreed upon buy the parties in consultation with the Lincoln County Extension Office. The re- seeding shall be done as many times as is reasonably necessary to allow adequate germination so as to obtain a successful stand of native grasses through the area that is disturbed with seed certified to be 90% pure. Grantee will comply with all applicable hazardous material laws and regulations as adopted by the State of Wyoming and United States of America and agrees to indemnify and hold harmless Grantor from any and all responsibility or liability for violation of the same by Grantee's agents or employees, including being responsible for any hazardous waste spills, etc that may be associated with Grantee's operations, except those that are directly attributable to any act or omission of Grantor. Grantor shall restore and fix any fencing or other like improvements that are interfered with as part of the construction and make sure that the property is properly maintained so as to not allow livestock, etc. to escape through fences during construction, repair, etc. Grantee agrees to pay damages that may arise to crops or fences caused by the exercise of its rights under this easement. Grantee agrees for itself, its successors and assigns to indemnify and hold Grantor, its officers, employees, agents, successors and assigns harmless against any and all liability, loss, damage, claims, demand actions, causes of actions, including court costs and attorney's fees which may result from property damage or personal injury to, or death to persons whomsoever, including any person using the access easement when such personal injury, death, loss, destruction, or damage arises because of the existence of any of the improvements or the construction, operation, maintenance, repair, removal, reconstruction, or use of the easement or any part thereof, except to the extent that such liability, loss, damage, claims, demand actions, causes of action, including court costs and attorney's fees arise out of negligence, willful misconduct, or any act or omission of Grantor, its agents, employees, successors or assigns. In the event that Grantee ceases to use the easement for the continuous transportation of hydrocarbons for any continuous period of five years or more, this easement will automatically terminate and all rights, privileges and benefits of the Grantee hereunder will terminate and revert to the Grantor. In the event that the easement terminates under this provision, then Grantee will commence, in good faith, to remove all above ground improvements constructed by it or its successor and /or predecessors and restore the land to its original condition with 90 days after the receipt of written notice from Grantor to Grantee. If Grantee fails to so remove such above ground improvements, Grantor may remove the improvements for the account of Grantee, and Grantee shall reimburse Grantor for the expenses incurred in the removal of the improvements within 30 days from receipt of the proper amount thereof. In the event of termination of this easement, said event shall not terminate Grantee's duty to comply with all applicable hazardous material laws and regulations as set forth in the Agreement. This instrument may be executed in counterparts and Grantor shall receive payment hereunder in such proportion as their respective interests bear to the fee simple title. Grantee further agrees that within a reasonable time following the completion of construction, Grantee shall restore said right -of -way to a condition equal to or better than that which existed prior to construction to the extent practicable. Restoration shall include, where necessary, final grading, reseeding and installation of erosion control structures. Grantee will use such methods of weed control on the easement for five (5) years as are reasonably necessary to control the growth of thistle and other noxious weeds, including spraying the areas that are disturbed by Grantee's construction or maintenance operations at least once per year with a weed repellant spray as recommended by the Lincoln County Weed and Pest Department or other appropriate agencies. Grantor reserves the right to use and enjoy said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder, or disturb its facilities and no road, reservoir, excavation, change in surface grade, obstruction or structure shall be constructed, created or maintained on, over, along or within said right -of -way without Grantee's prior written consent. Grantee shall, during initial construction in cultivated lands, bury said pipeline below ordinary cultivation depth. Grantor represents and warrants that he /she is the owner in fee simple of the said described land. Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on said land and be subrogated to such lien and rights incident thereto. ee f10 �1 r� Y I I ;o a ;e ;g 'Ali ti 1. up de i r) 4. 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LINCOLN COUNTY, WYOMING T: DS\MAPPING\DOCUMENT\LEGAL\ WYOMING \761 W 761.0- 83 -1.DOC March 31, 2000 A strip of land 50 feet wide across a portion of Section 22, Township 26 North, Range 113 West, 6th P.M., Lincoln County, Wyoming, being 35 feet Southwesterly and 15 feet Southwesterly of the following described survey line, which is the centerline of the existing 4 1/2" diameter pipeline: Beginning at a point located on the North line of the Southeast quarter of the Northwest quarter of Section 22, said point bears South 11 54'40" West, a distance of 1349.3 feet from the North quarter corner of said Section 22; Thence South 66 °25'36" West, a distance of 172.5 feet; Thence South 79 °19'38" West, a distance of 2236.4 feet; to a point located on the West Section of the Southwest quarter of the Northwest quarter of Section 22. Said point bears North 0 °23'28" West, a distance of 856.0 feet from the West quarter corner of said Section 22. The length of the above described survey line is 2408.9 feet, or 145.994 rods, or 0.456 miles.