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HomeMy WebLinkAbout976639THE STATE OF WYOMING COUNTY OF LINCOLN SURFACE SITE EASEMENT (VALVE) KNOW ALL MEN BY THESE PRESENTS: That, the undersigned, whether one or more, hereinafter called "GRANTOR in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, convey and warrant to ROCKY MOUNTAIN PIPELINE SYSTEM LLC, a Delaware limited liability company, whose mailing address is P. O. Box 4648, Houston, Texas 77210 -4648, its successors and assigns, hereinafter called "GRANTEE an exclusive easement for surface site in and to the tract of land hereinafter described to survey, clear and excavate for, construct, protect, repair, inspect, test and patrol (by surface or air) or remove block valve(s) with necessary fittings, apparatus, equipment, and above and below ground appurtenances, used in connection with GRANTEE'S pipelines, including power and communication equipment and related facilities, devices for control of pipeline corrosion and appropriate markers, together with the right of ingress and egress to and from said Surface Site for the purpose of doing any and all things which may be requisite for the enjoyment of the rights herein granted, on, over, upon, under and across the lands of the GRANTOR described as follows: A 20' X 20' site in the SW /4 Sec 31- T25N -R112W and as more fully described on the attached survey plat marked "Exhibit A" TO HAVE AND TO HOLD said surface site and easement and the privileges thereof unto said GRANTEE until GRANTEE shall release same by an instrument in writing duly recorded, subject to the following terms and conditions: 1. The surface site shall measure twenty feet (20') by twenty feet (20') in which the valve shall be constructed. If the valve to be constructed hereunder should require extra temporary working space, GRANTEE shall have the right of temporary access to additional working space which may be necessary for construction in which event GRANTEE shall pay GRANTOR for any damages suffered by GRANTOR, as set forth in Paragraph 4 herein, due to GRANTEE'S use of said additional working space. 2. GRANTEE shall have the right to install permanent perimeter security fencing around the surface site, as well as an 8' X 8' steel sided building for storage of valve appurtenances, and a satellite dish. GRANTEE shall maintain said surface site by removing, mowing or cutting all trees, limbs, weeds, undergrowth and brush which, in the judgement of GRANTEE, might endanger or interfere with the exercise by GRANTEE of the rights, privileges, and easement herein granted. 3. GRANTEE shall pay GRANTOR for damages that may arise to crops, trees, drain tile, fences and buildings on said land from the exercise of any of the rights herein conferred. GRANTEE shall have the right at any time that GRANTEE deems necessary (and as long as GRANTEE has need) to maintain the existing access road beginning at "Exxon Road" and terminating at the boundary of Rocky Mountain Pipeline System LLC's existing right of way for its eight inch (8 pipeline known as the LaBarge to Granger pipeline for the purpose of ingress and egress to and from surface site and right of way for maintenance of the block valve, pipelines, and any necessary appurtenances. In the event the access road should become rutted or washed out due to GRANTEE' s use, then GRANTEE shall repair and restore the 976639 5/15/2014 11:21 AM LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4 BOOK: 832 PAGE: 346 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 111111111111111111 !111111 111 11111 III 1111111111 11111 III {I III 1 1111111 III IIII 1111 access road to a good and usable condition. At such time as GRANTEE acknowledges to GRANTOR, whether in writing or by other communication that GRANTEE shall no longer have need of the access road for the purposes stated herein, GRANTEE shall ensure that all damage to the access road caused by GRANTEE has been repaired; and at such time GRANTEE shall be released from any and all obligations to repair and restore road. 4. GRANTEE agrees that within ninety (90) days of any termination hereof, GRANTEE will remove all above ground facilities and appurtenances installed thereon at GRANTEE' s sole cost, risk, and expense. Should GRANTEE, for any reason whatsoever, terminate this agreement, written notice must be given to GRANTOR at least fourteen (14) days prior to such termination. 5. The rights herein granted may be assigned in whole or in part. 6. This surface site easement shall run with the land and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 9. It is hereby understood that the parties securing this surface site easement on behalf of GRANTEE are without authority to make any covenant or agreement not herein expressed. IN WITNESS WHEREOF, GRANTOR has signed, sealed and delivered this instrument thi 2014. GRANTOR: (This space left intentionally blank) (Acknowledgment on next page) 2 Diamond H. Ranch, Inc. T day of STATE OF WYOMING COUNTY OF LINCOLN 1 This instrument was acknowledged before me on this 4' day of 2 by I e4L. ���l is 11L11(1k' AFTER RECORDING RETURN TO: Plains Pipeline, L.P. Attention: Land Records (MAH) P. O. Box 4648 Houston, Texas 77210 -4648 2014, /:19/2 Notar in and for the State y f r of Wyoming 3 April BY!1{l l(i P�a'c: ^i' Coun ty GI Lincoln t y Commission Expires CS AE 000ol nd_Is SSaOSan0oG Pnf PIYA o lion 4.i -4051 PRINTED 2/21/14 FOR OATS PRELIMINARY O DESIGN DEVELOPMENT 0 BIDDING CONSTRUCTION APPROVAL 0 AS BUILT 0 REVISION S U R V E Y O R S N A R R A T I V E THE PURPOSE OF THIS SURVEY IS TO PROVIDE A PERMANENT EASEMENT FOR PLAINS PIPELINE, LOCATED IN LINCOLN COUNTY WYOMING. DSCFPDON 10 D116 APPD 087 PLAINS PIPELINE FONTENELLE BLOCK VALVE EASEMENT PARCEL mm 8r SRH ChA'4 By: Me 2/14 Dote v n e`t 14 -02 -804 ENGR. APPD. Ole Do8 ScuE AS NOTED REVISIONS 1 1 2 1 3 1 4 DRAWING No 1 of 1 REVISION A B 1 i 30 30 29 0 �II 31 31 32 O O O O O O 0 SCALE 1:24,000 25 36 n U a z"> n N Lai 0 V1 m z 2 "EXHIBIT A" EXISTING PIPELINE' BLM NE 1/4 OF THE SW 1/4 POB WEST QUARTER CORNER S31, T25N, R112W, 6th PM FOUND GLO BRASS CAP S5126'45 "E 1711.03'LTIE) EXISTING PIPELINE SEE DETAIL POB —I y L N52'53'50 "E 31 1669.36' (TIE) I SOUTHWEST CORNER S31, T25N, R112W, 6th PM FOUND MARKED STONE 3 31 32 BLOCK VALVE LAT 42.1018091 LONG 110.2003977 4 C C DETAIL B A S I S O F B E A R I N G THE BASIS OF BEARING IS BETWEEN TWO FOUND CORNERS BEING THE SOUTHWEST CORNER OF SECTION 31, T25N, R1I2W, 610 PM, A FOUND MARKED STONE, AND THE WEST OUARTER CORNER OF SECTION 31. T25N, R112, 6111 PM, A FOUND GLO BRASS CAP, MEASURED BETWEEN MONUMENTS A BEARING OF N00'11'02 "W A DISTANCE OF 2073.45 FEET. ALL BEARINGS AND DISTANCES SHOWN ARE NAD 1983, STATE PLANE, WYOMING WEST (4904) WITH A COMBINED SCALE FACTOR OF 1.000376435. 1. NORTH 52' 56' 46 EAST A DISTANCE OF 20.00 FEET; 2. SOUTH 37' 03' 14" EAST A DISTANCE OF 20.00 FEET; 3. SOUTH 52' 56' 46" WEST A DISTANCE OF 20.00 FEET; 4. NORTH 37' 03' 14" WEST A DISTANCE OF 20.00 FEET TO THE POINT BEGINNING. SAID POINT LIES SOUTH 41' 34' 35" EAST A DISTANCE OF 2018.46 FEET FROM THE WEST OUARTER CORNER OF SECTION 31. T259, R112W, 6TH P.M.. A FOUND GLO BRASS CAP. THE TOTAL AREA OF A PERMANENT EASEMENT ACROSS THE BUREAU OF LAND MANAGEMENT LAND. AS DESCRIBED ABOVE IS 400 SO FT OR 0.01 ACRES MORE OR LESS. C E R T I F I C A T E O F SURVEY O R STATE OF WYOMING COUNTY OF UINTA 1. DALE E. PETERSON OF EVANSTON. WYOMING HEREBY CERTIFY THAT THIS PLAT OF THE EASEMENT FOR PLAINS PIPELINE WAS MADE FROM NOTES TAKEN DURING AN ACTUAL FIELD SURVEY MADE UNDER MY DIRECTION BY COOK— SANDERS ASSOCIATES IN FEBRUARY. 2014 AND IT CORRECTLY SHOWS THE LOCATION OF THE PROPOSED EASEMENT. B L E G A L D E S C R I P T I O N A PARCEL OF LAND, FOR THE PURPOSE OF A PERMANENT EASEMENT. SITUATED IN THE NORTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SECTION 31, TOWNSHIP 25 NORTH. RANGE 112 WEST. 6111 PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING; BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 31. T25N, R112W, 6714 P.M.. A FOUND MARKED STONE. THENCE NORTH 51' 26' 45" EAST A D DISTANCE OF 1711.0.3 FEET MORE OR LESS TO THE WESTERLY CORNER OF SAID PARCEL AND THE TRUE POINT OF BEGINNING: THENCE ALONG THE SAID PARCEL THE FOLLOWING (4) FOUR COURSES: E