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HomeMy WebLinkAbout885659 RECEtVED LINCOLN COUNTY CLERK KNOW ALL BY THESE PRESENTS: Plant: Granqer Well: Reynard 12 AFE No.: 329644 That Flying W Land and Live Stock Company C/O Bill Sears P.O. Box 33, Opal, WY 83124 hereinafter referred to as Grantor, (whether one or more), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, convey and warrant unto Mountain Gas Resources, Inc., having its principal office at 12200 N. Pecos St., Denver, Colorado 80234, and to its successors and assigns, hereinafter referred to as Grantee, the exclusive right, privilege and easement to construct, maintain and operate a pipeline or pipelines, and appurtenances thereto on, over, under, across and through a strip of land thirty feet (30) in width and being fifteen (15) feet'on each side of the center line specifically described as herein set forth over and across lands of Grantor in the County of Lincoln and State of Wyominq, to wit: A portion of Section 3, Township 20 North, Range 113 West, Lincoln County, Wyoming as described on Exhibit "A". covering a distance of approximately 3--9 rods, more or less. TO HAVE AND TO HOLD unto Grantee, together with the right of ingress to and egress from said land across the adjacent property of the Grantor, for the purpose of constructing, operating, inspecting, repairing, maintaining,or replacing, the pipeline and appurtenances of the Grantee ~ocated thereon, in whole or in part, at the will of the Grantee; it being the.intention of the parties hereto that the Grantor may continue to use the surface of the easement strip conveyed hereby for all agricultural purposes, pasturage or other similar purposes; provided, however, that Grantor shall not construct or permit to be constructed any improvement upon the easement strip which would interfere with Grantee's exercise of the rights hereby conveyed and the safe operation of its pipelines. It is further agreed as follows: 1. The pipeline constructed by Grantee shall, at the time of construction thereof, be buried to such depth as will not interfere with ordinary cultivation, except that at the option of Grantee, such line or lines may be placed above the channel of any stream, ravine, ditch or other water courses. 2. During pipeline construction or removal, Grantee shall have the right to use an additional strip of land not more than twenty-five feet (25') in width on each side of the easement strip referred to above for working space only and additional work space of one hundred feet by one hundred and fifty feet (100' X 150') along the easement area at the crossing of roads, railroads, streams, terraces and uneven terrain. 3. 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. 4. Grantee agrees to restore and fix any fencing or other like improvements that are damaged as part of Grantee's operations and to properly maintain fencing to prevent livestock from escaping during Grantee's pipeline operations. 5. Grantee will restore the surface to its original contour as nearly as practicable, the disturbance to which shall be occasioned by the construction, maintenance or operation of said pipelines under and through the above described land. Grantee agrees to reseed all areas disturbed by Grantee's operations along the pipeline corridor in accordance with the Grantor's or regulatory agency's specifications. Seed will be planted using a drill and, in areas not suitable for drilling, the seed will be broadcasted and raked or chained to cover the seed. Grantee agrees to reseed disturbed areas with grass 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 by the parties in consultation'with the Lincoln County Extension Office. Grantee also agrees that re-seeding would be done as many times as reasonably necessary to allow adequate germination so as to obtain a successful stand of grasses throughout the area that is disturbed with seed certification to be 90% pure. It being the intent that the area adjacent to the roadway that is disturbed would be what was necessary to be re-seeded. 7. Grantee agrees to take reasonable steps to control the growth of noxious weeds on Grantor's property including spraying the areas disturbed by Grantee's operations at least once per year with weed repellant spray as recommended by Lincoln County Weed and Pest Department. 8. At any time after the initial construction, Grantee has the right to construct one or more additional lines of pipe of the.same size dimension or smaller within its easement strip. Grantor shall be entitled to receive an additional consideration of $12.50 per rod for each additional pipeline construction, as provided herein. The Easement is subject to all existing right-of-way and easements, and subject to all conditions, limitations, restrictions, encumbrances, and reservations or interests of record. Construction of all pipelines under this Agreement shall be accomplished in conformance with all Bureau of Land Management regulations. 9. Grantee agrees that access to Grantor's lands will be limited to Grantor, its contractors, agents, employees, representatives and/or personnel involved in Grantor's operations. 10.In the event Grantee ceases to use the easement for the transportation of hydrocarbons for any continuous period of five years of more, this easement shall, upon written notice from Grantor to Grantee, terminate and all right, privileges and benefits of the Grantee hereunder will revert to the Grantor. In the event that the easement terminates under this provision, then the Grantor, at its option, may be deemed the owner of any improvements, including the pipelines installed in the easement by Grantee. If this option is exercised by Grantor, Grantor agrees to indemnify Grantee from damage caused by Grantor's subsequent maintenance and operation of the improvements and Grantee agrees to execute any necessary documents to effectuate and transfer said ownership to Grantor. If the option is not exercised by Grantor, then Grantee will commence, in good faith, to remove all aboveground improvements constructed by it or its successors 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 the Grantee fails to so remove such aboveground improvements, Grantor may remove the improvements for the account of Grantee, and Grantee shall reimburse Grantor for the reasonable expenses incurred in the removal of the improvements within 30 days from receipt of the proper amount thereof. 11. In the event of termination of this easement and Grantor's election to retain the improvements, said event shall not terminate Grantee's duty to comply with all applicable hazardous material laws and regulations as set forth in the Agreement. 12.Grantee agrees to comply with all applicable hazardous material laws and regulations adopted by the State of Wyoming and the 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, its agents or employees, Grantee further agrees to accept'responsibility for any hazardous waste spills, associated with Grantee's operations on Grantor's lands. 13.Grantee agrees to indemnify and hold harmless Grantor, its o'fficers, employees, agents, successors and assigns against any and all liability, loss, damages, 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, using the pipeline 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 pipeline 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 the negligence, willful misconduct, or any act or omission of Grantor, its agents, employees, successors or assigns. 14.The center line description location and dimensions of the pipeline easement shall be established by a survey which shall be attached hereto as Exhibit "A" and made a part hereof. 15.Grantor represents and warrants that it is the owner in fee simple of the described lands, subject only to outstanding mortgages and rights of way, if any, now of record in said county. 16.Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on the described lands and thereupon be subrogated to such lien and rights incident thereto. 17.The rights of the parties may be assigned in whole or in part. 18.This instrument may be executed in counterparts. 19.This instrument contains the entire agreement of the parties. There are no other or different agreements or understandings between Grantor and Grantee or its agents, and Grantor, in executing and delivering this instrument, has not relied upon any promises, inducements, or representations of Grantee or its agents or employees, except as such as are set forth herein. This instrument and the rights, easements and agreements herein contained shall be covenants running with the land and shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors and assigns of the parties hereto. Dated this . 25th day of October , 2002. Grantor: Grantee: Flying W i~nd and Livestock Company By: ~ /. Bil,1 Sears SS or Tax I.D. No. 830-32-9715 Mountain. S. Title .'Attorney- in-F, act Grantor: WYOMING STATE OF ) .)ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me this October , 2002 By Bill Sears as President Flyinq W Land and Livestock Company. 25th day of on behalf of the Notary Public My Commission Expires: May 09, 2006 Grantee: STATE OF Colorado COUNTY OF Adams the Mountain Gas Resources, INC., a Delaware corporation. ~tary Public My Commission Expires: {i AR.Y PUBLIC [~ My ~ommi~o~ Expires Jun. 13, 2006 N $CALR' S" = $000' 500' 0 1000' ! I I FOUND MONUMENT (GLO Be) DATUM SPCS WYW (NAD 27) APPARENT OWNERSHIP FLYINO W LAND &: LIVESTOCK STATE OF WYOMING COUNTY OF LINCOLN SECTION 3, TOWNSHIP 20 NORTH, RANGE fl3 WEST, of the 6th P.M. 0?.3 LDT 4 LDT 3 LDT 2 I I I LDT 1 NWSW + NESW- SWSW SESW 3 .I ' NWSE NESE SWSE is55'sl'3a,v SESE N 89°31'19, ~/ P649,06' SURVEYOR'8 STATEMENT I, Louis A. Pence, state that I om by occupation o Registered Land Surveyor employed by MOUNTAIN GAS RESOURCES, to make a survey of this pipeline as shown, on this map; that the survey of said works was made by me or under my authorit~ commencing on the 2$rd day of Augus~ 2002, and that such survey is accurately represented upon this mop. Total R-O-.W Width__50mFeet, __25_Left, _25_,Right of Centedine. 6~ 7. ¢_~6 Fee t, ~9_..2_7 R ods,___o..z4__A cre s. JOB DEscR-IP~ON: PL: REYNARD 12 RIFFIN& ASSOCIATES, INC. f4f4 ELK ST., SUITE202 ROCK SPRINOS, wY a29ol (aCT) a82.$o28 $OALE: f"= fO00' JOB No. 8838 DA TE: 9/10/02 A MAP SHOWING R-O-WEASEM~NT · FOR A PIPELINE PREPARED FOR: MOUNTAIN GAS RESOURCES O24, PL: REYNARD t2 JOB No.8838 LEGAL DESCRIPTION AN EASEMENT 50.00 FEET WIDE FOR A PIPELINE LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 20 NORTH, RANGE 113 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN THE COUNTY OF LINCOLN, STATE OF WYOMING, LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID sEcTION 3, THENCE NORTH 21°10'22" WEST, 1090.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55°51"32" WEST, 647.96 FEET TO THE POINT OF TERMINUS, SAID POINT BEING NORTH 69°49'51" EAST, 1831.0i FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 3. CONTAINING 39.~7 RODS MORE OR LESS AND HAVING 0.74 ACRES.