HomeMy WebLinkAbout976756STATE OF WYOMING
COUNTY OF LINCOLN
ROADWAY EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
Audit No. D03160
THIS EASEMENT, Made this J-I day of 2014, between UINTA DEVELOPMENT
COMPANY, a corporation of the State of Wyoming, hose address is P.O. Box 1330, Houston, TX
77251 -1330, Grantor, and Haslem Land Company, LLC., whose address is P.O. Box 102, Opal, WY
83124, 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, bargained, sold and conveyed, and by these presents does grant, bargain,
sell and convey unto Grantee, and unto its successors and assigns, an EASEMENT for a right -of -way for
the operation, maintenance, repair, renewal, reconstruction and use of an existing non exclusive access
roadway for pedestrian and vehicular ingress and egress purposes together with the right to clear and
keep clear all trees, roots, brush and other obstructions located in or on the Easement (hereinafter called
"Roadway upon, along and under the surface of the land situate in County of Lincoln, State of
Wyoming, described in Exhibit A, (hereinafter called "Premises attached and made a part hereof.
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 (but in such a way as not unreasonably to interfere with) said
Roadway 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.
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, 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.
The Easement granted herein is for a strip of land five thousand seven hundred and ninety feet
(5,790') in length being twenty feet (20') in width, which shall include the land ten feet (10') on either side
of the centerline depicted in Exhibit A.
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 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 said Premises hereunder, any
statute, law, ordinance, rule, regulation or requirement is violated, 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 counsel 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.
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
976756 5/23/2014 12:39 PM
LINCOLN COUNTY FEES: $24.00 PAGE 1 OF 5
BOOK: 833 PAGE: 1 EASEMENT
JEANNE WAGNER LINCOLN COUNTY CLERK
1111Niiui iiii iuiii iiiii w ii i ui iini iiui iiiii uui oiiii iin ii i Hflt_,
Audit I._ _1160
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.
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 COURT 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 ROADWAY 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 ROADWAY 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 corporation
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 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
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.
If the Roadway or any portion thereof is abandoned, and Grantee fails to restore the Premises on
the abandoned portion of the Roadway to its original condition within ninety (90) days after receipt of
notice from Grantor to perform such activities, Grantor may perform such activities for the account of
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 Roadway to such new location or remove said Roadway from the
Premises, as Grantor may designate, whenever Grantor shall find that such Roadway unreasonably
interferes with Grantor's contemplated use of the Premises. All the terms, conditions and stipulations
herein expressed with reference to said Roadway on the Premises shall apply to the Roadway as
modified, changed or relocated within the contemplation of this paragraph.
2
STATE OF TEXAS
teen
;iesd'.ent Secretary
COUNTY OF MONTGOMERY
The foregoing instrument was acknowledged before me this
Jane Ann Byroad, President of Uinta Development Company.
anv um ca�mvemx'a.�e:.�+.x.mws: ic xn, msr,.�.i ,M1nna »snn�
k DARCY DAVIS OLSON
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�•��lv •`��{c�Y Public, State of ��exas
My Commission Expires i
May 12, 2035
STATE OF toe.v
COUNTY OF U -CLI
STATE OF pr},y
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Audit No. D03160
UINTA DEVELOPMENT COMPANY
Jape Ann Byroad
Its: President
HASLEM LAND COMPANY, LLC.
By:
By:
P nny H lem
)(f day of _w4 O;L 2014, by
WITNESS my hand and official seal.
My commission expires: l 5
\j'61A OttArtc niatn,y-
Nota Public
The foregoing instrument was acknowledged before me this I4* off 2014, by
Travis Haslem of Haslem Land Company, LLC.
WITNESS my hand and official seal.
My commission expires: c I lot 4-
STATE OF ut -t Lleo
COUNTY OF LA i- cL
The foregoing instrument was acknowledged before me this i4day of 4-4.44i 2014, by
Penny Haslem of Haslem Land Company, LLC.
WITNESS my hand and official seal.
My commission expires:
00B ODotoof n p o
ss:
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4
Audit 773160
EXHIBIT A
South Hams Fork Ranches, Inc.
Winslow Unit Access Roads
section 120N, F/ n 7. 24N, RI112�W
SENE, SES N2 SWSE
0 1,000 2,000
4,000 Feet