HomeMy WebLinkAbout975576STATE OF WYOMING
COUNTY OF LINCOLN
Audit N( 54
975576 3/1 0/20 14 11:24 AM
LINCOLN COUNTY FEES: $33.00 PAGE
BOOK: 828 PAGE: 863 RIGHT OF WAY
JEANNE WAGNER, LINCOLN COUNTY CLERK
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POWER LINE RIGHT -OF -WAY AND EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
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THIS POWER LINE RIGHT -OF -WAY AND EASEMENT "Easement is made this 18th
day of December, 2013, between ANADARKO LAND CORP., a Nebraska corporation, whose
address is P.O. Box 1330, Houston, TX 77251, "Grantor and CHEVRON U.S.A. INC., a
Pennsylvania corporation, with an address at 1400 Smith Street, Houston, Texas 77002
"Grantee
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 and sufficiency of which are
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 and right -of -way, described in Exhibit "A for the construction, operation,
maintenance, repair, renewal, reconstruction, removal and use of an electric transmission and
distribution line, depicted on Exhibit "B and a portable appliance building, described on Exhibit
"B -1" (those items described in Exhibits A, B and B -1 are collectively referred to as the
"Facilities with necessary appurtenances thereto, upon, along, across and under the surface
of the land situated in the County of Lincoln, State of Wyoming, described in Exhibit "C" (the
"Premises attached and made a part hereof, together with the right of ingress and egress to
and from the Premises for the purpose of exercising the rights herein granted.
RESERVING, however, to Grantor, its successors and assigns, the right to construct at
any and all times and to maintain any structures or facilities on, over or under the Premises
including, but not limited to, roads, highways, pipelines and telephone, telegraph and electric
power poles and wire lines, over, under and across (but in such a way as not unreasonably to
interfere with) the Facilities; 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, poles and wire lines and the rights of renewal and extension of the
same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or
interests of any person which may affect the Premises, recorded or unrecorded(in the case of
unrecorded interests, only those that would be apparent from visual inspection of the Premises)
and is made without covenant of title or for quiet enjoyment.
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 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 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 the 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 the Premises, any law, ordinance, rule or regulation is violated by
Grantee, 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 reasonable attorney's fees, imposed upon or incurred by Grantor, its
officers, employees and /or agents, resulting from, or connected with, such violation and /or
violations.
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. Should Grantee fail to make any such payment when due, Grantee
shall be deemed to be in material default of this Easement; whereupon Grantor may terminate
this Easement by written notice to Grantee at the address provided herein. Such termination
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Audit No. D03154
shall be effective upon receipt by Grantee.
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 first obtain the
written permission of Grantor and then 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 reasonable attorney's fees and court costs
(collectively, "Claims 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 Facilities, 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 telephone or other communication lines, or other electrically
operated devices or appurtenances of Grantor or its affiliates, or of its or their tenants,
when such Claims for 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 Facilities 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,
employees and /or agents. The term "affiliate" (or "affiliates" as the case may be) as used
herein means any entity 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 prior written
consent of Grantor, which consent shall not be unreasonably withheld.
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, or 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 same Premises is free and clear of this Easement as
well as any liens, encumbrances, clouds upon or defects in the title to the 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 any termination or abandonment of this
Easement, all personal property will be removed from the Premises within sixty days. All real
property or fixtures of Grantee located within the Premises shall become the property of Grantor
unless Grantor notifies Grantee in writing to remove some or all of the same from the Premises.
If Grantor notifies Grantee to remove some or all of the property of Grantee from the Premises,
Grantee within sixty (60) days of such abandonment will remove all property described in the
notice; provided, however, Grantor provides such notice to Grantee on or before six (6) years
from the date of such abandonment.
If the Facilities are abandoned or if any portion of the Premises is abandoned, and
Grantee fails to restore the portion of the Premises to which the abandoned Facilities are
appurtenant to as close to its original condition as reasonably practicable within ninety (90) days
after receipt of notice from Grantor to perform such activities, Grantor may perform such
activities for the account of Grantee. If Grantee shall fail to pay Grantor for any activities
performed within thirty (30) days of receiving Grantor's invoice therefor, Grantee shall be
deemed to be in material default of this Easement: whereupon, Grantor may terminate this
Easement by written notice to Grantee at the address provided herein. Such termination shall
be effective upon receipt by 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 Facilities to such new location as
Grantor may reasonably designate, whenever Grantor shall find that such Facilities
unreasonably interferes with Grantor's contemplated use of the Premises. All the terms,
conditions and stipulations herein expressed with reference to said Facilities on the Premises
shall apply to the Facilities as 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 Agent
and Attorney -in -Fact on the date shown in the below acknowledgment, to be effective the day
and year first herein written.
ANADARKO LAND CORP.
By:
CHEVRON U.S.A. INC.
ame:
Title:
3
dtil L ad0111 Jann Byroad
Agent and Attorney -In -Fact
Audit No
e
i4
STATE OF TEXAS
ss:
COUNTY OF MONTGOMERY
The foregoing instrument was acknowledged before me this G day of
a�i
20.!� by Jane Ann Byroad, Agent and Attorney -In -Fact of Anadarko Land
Corp.
WITNESS my hand and official seal.
(SEAL)
STATE OF TEXAS
1 ss:
TT
i
COUNTY OF .LS
Atidatt06,61
Notary Public
The foregoing instrument was acknowledged befo a me this day of
20.1W by f1. k)o (t Yev as
iiitt ,Wr
of Chevron U.S.A. Inc.
WITNESS my hand and official seal.
My commission expires:
ANDREA LAWHORN
My Commission Expires
September 21, 2018
1r T L AM N T 7 7
otary Public
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Audit No. D03154
PRINCIPALS;
Cloey C. Wall, PLS.
Kenneth J. Walker, P.E.
UINTA ENGINEERING SURVEYING, INC.
808 MAIN ST. P.O. 80X 746
EVANSTON. WYOMING 82931.0746
(307) 789 -3602
FAX (307) 789.8456
EXHIBIT A
CHEVRON
Easement Description
An easement for utilities across part of the NW '4 of Section 3, T19N, R117W, 6' P.M.,
Lincoln County, Wyoming, said easement being 20.00 feet wide, 10.00 feet on each side of the
following described centerline:
'COMMENCING at the Northwest comer of said Section 3, running thence N 89 °52'29" E,
1275.94 feet along the North [Inc thereof; thence S 0 °07'31" E, 2206.67 feet to the POINT OF
BEGINNING, said point of beginning being an existing power pole;
thence N 3 °29'27" E, 1920.49 feet.
Said easement being 1920.49 feet, more or less, in length.
12- 104Power.wpd Page 1 of 1
ANY CHANGE, ADDIUON OR DELETION OP ANY PART OF THIS DESCRIPTION WILL ACT TO VOID ANY WARRANTY OR
RESPONSIBILITY, EXPRESS OR IRIPLIBD, THAT I MAY HAVE TOWARDS TH8 SUBJECT PROPERTY
Associates',
Gareth Powell, P.E.
Robert Young, P.E.
0 0
g g g gggggg
CHEVRON
SOLAR SITE
PROPOSED POWER LINE
S3, T19N, R11 7W, 6TH P.M.
You created this POF from an application that is not licensed to print to novaPOP printer (htto://www.novapdf.corn)
PRINCIPALS;
Cloey C. Wall, P.LS.
Kenneth J. Welker, P,E.
12- 104Site.wpd
UINTA ENGINEERING SURVEYING, INC,
808 MAIN ST. P.O. BOX 748
EVANSTON, WYOMING 82931 -0746
(307) 789 -3802
FAX (307) 7886456
EXHIBIT B -1
CHEVRON
Legal Description
A tract of land in Lot 7 of Section 3, T19N, R1 17W, 6 P.M., Lincoln County, Wyoming,
said tract being more particularly described as follows:
COMMENCING at the Northwest corner of said Section 3, running thence N 89 °52'29" E,
1396.88 feet along the North line thereof; thence S 0 °07'31" E, 276.97 feet to the POINT OF
BEGINNING;
thence S 86 °30'33" E, 22.00 feet;
'thence S 3 °29'27" W, 13.00 feet;
&hence N 86 °30'33" W, 22.00 feet;
thence N 3 °2927" E, 13.00 feet to the POINT OF BEGINNING.
Said tract containing 286 square feet, more or less.
Associates;
Gareth Powell, P.E.
Robert Young, P.E.
Page 1 of 1
ANY CHANOB, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION WILLACT TO VOID ANY WARRANTY OR
RESPONSIBILITY, EXPRESS OR IMPLIED, THAT I MAY NAYS TOWARDS THE SUBJECT PROPERTY
EXHIBIT C
The "Premises"
A tract of and in the NW'A Section 3, T19N, R117W, 6` P.M., Lincoln County, Wyoming