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HomeMy WebLinkAbout887951Recorded at the request of Northwest Pipeline Corporation When Recorded Mail to: Northwest Pipeline Corporation 295 Chipeta Way PO Box 58900 Salt Lake City, UT 84158 Attn: Nadine Hauk RECEIVED LINCOLN OOU?',ITY CLERK BOOK 51 3 PR PAGE J- 9 ''~t' Assessor Parcel No. 20160420001300, 20160510001300, 211635100060 NORTHWEST PIPELINE CORPORATION NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT STATE OF WYOMING COUNTY OF LINCOLN KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER CONSIDERATIONS, to the Grantor in hand paid by Northwest Pipeline Corporation, 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, a non-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, underground conduit, cables, splicing boxes and roads (said pipeline, appurtenances, valves, metering equipment, cathodic equipment, underground conduits, cables, splicing boxes and roads being hereinafter sometimes collectively called the "facilities") under and through the hereinafter described land, on a right-of-way 75 feet in width described in Exhibit "A" attached hereto and made a part hereof, situated in Lincoln County, State of Wyoming. 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 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, his heirs, legal representatives and successors in title. This easement shall terminate, upon the first to occur of either of the following: (a) the surrender of the easement by Grantee; or (b) the failure of Grantee to use the Premises for the purposes herein contemplated for a period of three (3) consecutive years. At the time of surrender, termination or reversion, Grantee shall remove from the land the facilities placed by Grantee and shall use its best efforts to return the land to as near as possible to its original condition. Parcel NO. K-16,'17,18,19 Grantee shall compensate the Grantor for all 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 facilities. Grantee shall compensate the Grantor for all damages to Grantor's timber caused by the initial construction of the facilities; thereafter, Grantee shall have the right to cut and keep clear without payment of damages all trees, brush and other obstructions that may in the Grantee's opinion endanger, hinder or conflict with the construction, operation, inspection, protection, maintenance and use of said facilities. Grantee further agrees that within a reasonable time following the completion of construction, Grantee shall restore said right-of-way. Restoration shall include, where necessary, final grading, reseeding and installation of erosion control structures. Grantor reserves the right to use and enjoy said property except for the purposes 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 bury said pipeline to a minimum depth of 36 inches throughout the entire right-of-way. Grantee shall comply with all applicable laws governing the easement and Grantee's activities and facilities on it whether presently existing or hereafter enacted without regard to any grandfathering clauses. Grantee agrees to exonerate, save harmless, protect, defend and indemnify Grantor, its lessee, and its successors, assigns and tenants from and against any and all losses, damages, claims, suits or actions, penalties, assessments, judgments and costs which may arise or grow out of any injury to or death of any person or persons, or damage or trespass to any property whether real or personal, or any other suit, action or proceeding of whatsoever kind or nature whether civil, criminal or administrative, caused, resulting from or in any manner connected with the construction, installation, inspection, repair, replacement, removal, maintenance, operation, or existence of the facilities, whether conducted by Grantee or its contractors, licensees, agents servants, employees, successors or assigns. Grantee shall not be liable for any actions resulting from the gross negligence or willful misconduct of Grantor, its lessee, successors, assigns and tenants. Grantor makes no warrant express or implied. It is hereby understood that the parties securing this grant in behalf of the Grantee are without authority to make any covenant or agreement not herein expressed. WITNESS THE EXECUTION HEREOF THE .// DAY OF /"~.ff',--~ -~/~. ,200-2. GRANTOR: Title: NORTHWEST PIPELINE CORPORATION ey-in-Fact Parcel No. K-16,'17,18,19 ACKNOWLEDGMENT STATE OFCOLORADO CITY AND COUNTY OF DENVER SS ) ) On tz'~-cx.xx~.~ ti ,"20024 before me personally appeared J.G. diZerega, known to me (or proved to me on the basis o~ satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknoWledged to me that he executed the same in his ~ ~'}L~',-~~ ~ 'f~c}~ as ~ ~3~~.~.~f_. °f '-'~'~O-~t~'~Ir~ authorized capacity ~0 · Witness my hand and official seal. My Commission Expires: A C KNOWLED GMENT---ATTORNEY-IN-FA CT STATE OF UTAH ) ) COUNTY OF SALT LAKE ) bO~ntheb-/~e~ddua[ Osfw 'l'~-~v4'"-°-~ , 2002~,~MAURINE L. BACHMAN, personally appeared before me and · g y y orn, did say that she/he is the Attorney-in-Fact of Northwest Pipeline Corporation, and that the Agreement was signed on behalf of Northwest Pipeline Corporation and said MAURINE L. BACHMAN acknowledged to me that she/he as such Attorney-in-Fact executed the same· REGISTER NO. ~{'z-q My Commission Expires: NOTARY PUBLIC BURTON MAXFIELD 1860 E, South Bridge Way Sandy, Utah 84093 My Commission Expires October 2, 2004 STATE OF IlTAH Parcel No. K-16,'17,18,19 SECTION 4, T21N-R116W, 6TH PRINCIPLE MERIDIAN, LINCOLN COUNTY, WYOMING 200 A.P.N. 201 60420001300 PROJ. A PART OF THE FOLDER #K-16, K-17 SW4, SEC. 4 AILP TERMINUS N72'O6'O4'W POINT '~ 681.41' 5 N61'17'21"W 180.86' 5 29,999 SQ. FI'. TEMPORARY WORK SPACE 4 9 593,941 SQ. Fr. I'EIdPORARY WORK SPACE 1389.87' PERMANENT EASEMENT ~(ISRNGEASEMENT SURVEY UNE N27~g'56'W 169.60' N41~3'O5'W 4~0,34' P.O.B 9 N89'41 '41 'W 96.40' .~9'W 287.20' 69.38' SE[ PAGE 2 OF 2 FOR CENTERLINE D[SCRIPTION THIS SKETCH REPRESENTS ONLY A PIPELINE SURVEY DONE ON THE GROUND AND DOES NOT REFLECT A BOUNDARY SURVEY; BEARINGS AND DISTANCES SHOWN HEREIN ARE DERIVED FROM EXISTING MAPS, DOCUMENTS AND OR AERIAL PHOTOGRAPHY. O' 250' 500' SCALE: 75 FOOT EASEMENT - R/W = SURVEY LENGTH = 5238.7 FEET MORE OR LESS TOTAL EASEMENT 5.55 ACRES MORE OR LESS NORTHWEST PIPELINE CORPORATION ROCKIES DISPLACEMENT PROJECT 8.N_T LAKE CITY, UTAH SCALE: 1 "=500' I DATE: 4-- 15-02 A PROPOSED 50" PIPELINE CROSSING LANDS OF PITTSBURG &: MIDWAY COAL MINING CO. LINCOLN COUNTY, WYOMING DRAWN BY: J.J.T. [ EXHIBIT "A" APPROVED: I 1 of 2 201 A SEVENTY FIVE (75) FOOT WIDE PERMANENT PIPELINE EASL:MENT Being a seventy five (75) foot wide permanent easement lying twenty (20) feet Northeasterly and fifty five (§~') feet Southwesterly of the following described survey Extending over, through, and across the Southwest Quarter of Section 4, Township 21 North, Range 116 West, 6th Principle Meridian, Lincoln County, Wyoming. BEGINNING at a point on the South line of said Southwest Quarter of said Section 4, said point bears N 89'41'41" W along section line a distance of 96.40 feet from the South Quarter corner of said Section 4. THENCE N 16'42'15" W, a distance of 69.38 feet; THENCE N 34'57'29" W, a distance of 287.20 feet; THENCE N '~1'13'05" W, a distance of 460.34 feet; THENCE N 27'19'36" W, a distance of 169.60 feet; THENCE N 55'54'48' W, a distance of 1589.87 feet; THENCE N 61'17'21" W, a distance of 180.86 feet; THENCE N 72'06'04" W, a distance of 681.41 feet to a point of terminus of the herein described easement on the West line of said Southwest Quarter of said Section 4. Said seventy five (75) foot wide permanent easement being 3238.7 Feet in length and con[~3in.,ing .5.55 Acres more or less. THIS DESCRIPTION REPRESENTS ONLY A PIPELINE SURVEY DONE ON THE GROUND AND DOES NOT REFLECT A BOUNDARY SURVEY; BEARINGS AND DISTANCES SHOWN HEREIN ARE DERIVED FROM EXISTING MAPS, DOCUMENTS AND OR AERIAL PHOTOGRAPHY, NORTHWEST PIPELINE CORPORATION ROCKIES DISPLACEMENT PROJECT &ALT LAKE CITY, UTAH J DATE: 4-- 15--02 A PROPOSED 30" PIPELINE CROSSING LANDS OF PII-FSBURG &: MIDWAY COAL MINING CO. LINCOLN COUNTY, WYOMING DRAWN BY: J.J.T. · EXHIBIT "A" 2 of 2 SCALE: NONE APP~nVED: SECTION 5, T20N-R116W, 6TH PRINCIPLE MERIDIAN, SECTION ,.55, T21N-R116W, 6TH PRINCIPLE MERIDIAN, LINCOLN COUNTY, WYOMING PERMANENT EASEMENT DETAIL ...., i N.T.S. [ II/t ~~ ,~,,2.o6,o4.,., ~ ~ /'~','l~C~f4~d[~ ~_.,4~.~c~¢T~/// ~~ / 4343.29' $1,,i'f'~' L~N£.-J/ -"--~ , . . ..." ":': . ~: ~i~.:' ~-'.I i'~1'32 ' ' ' %:' · , ' "i}~.:~T': i"" · I -,h,~::'?,:.' ; ^.F'.N.. 201605.; 0001300. PROd. OLDER .'', I A P/5~RT OF THE N2, SEC. 5 ":"- I i A.P.N. 211635100060 PROJ. FOLDER #K-19 i 6 5 A PART OF THE SW4, SEC. 35 " ,.5 4 7 8 8 9 SEE PAGE 2 OF 2 FOR CENTERLINE DESCRIPTION o' 5oo' 1 IX)O' THIS SKETCH REPRESENTS ONLY A PIPELINE SCALE: SURVEY DONE ON THE GROUND AND DOES NOT REFLECT A BOUNDARY SURVEY; 75 FOOT EASEMENT - R/W = BEARINGS AND DISTANCES SHOWN HEREIN ARE DERIVED FROM EXISTING MAPS, DOCUMENTS AND SURVEY LENGTH = 5272.1 FEET MORE OR LESS OR AERIAL PHOTOGRAPHY. TOTAL EASEMENT : 9.08 ACRES MORE OR LESS NORTHWEST PIPELINE CORPORATION A PROPOSED 30" PIPELINE CROSSING LANDS OF PITFSBURO & MIDWAY COAL MININIG CO. ROCKIES DISPLACEMENT PROJECT LINCOLN COUN~¢ WYOMING 8ALT LAKE CfTY, UTAH DR~W. ~: J.J.T. EXHIBIT "A" SCALE:: 1"=1000' I BATE:: 4--16--02 APPROVED: 1 of 2 Being a seventy five (75) foa~ wide permanent easement lying forty (~-0) feet :' · Northeasterly and thirty five (95) feet Southwes'terly of the following described survey Extending over, through, and across the North Half of Section 5 and the Southwest ~' Quarter of Section 55, Township 20 North, Range 116 West, 6th Principle Meridian,  Uncoln County, Wyoming. ~. BEGINNING at a point on the East line of said North Half said Section 5, said point bears S 00'09'26" W along section line a distance of 1822.31 feet from the East ' Quarter corner of said Section 5. ' ..- THENCE N 72'06'0¢" W, a distance of 4.~45.29 feet; THENCE N 65'05'17" W, a distance of 205.65 feet; .- THENCE N 54'13'19" W, a distance of 725.15. feet to a point of terminus of the herein described easement on the West line o(:~said Section 35. Said seventy five (75)AcresfOOtmoreWideor permanenttess, easement being 5272.1._~: Feet in length and containing 9.08 .z~. :: ~;:' I THIS DESCRIPTION REPRESENTS ONLY A PIPELINE SURV~ DONE ON THE GROUND AND DOES NOT REFLECT A BOUNDARY SURV~: B~RINGS AND DISTANCES SHOWN HEREIN ARE DERIVED FRO~ EXISTING ~APS, DOCUMENTS AND OR AERIAL PHOTOGRAPHY. NORTHWEST PIPELINE CORPORATIGN A PROPOSED 30" PIPELINE CROSSING ~NDS OF PI~SBURC A ~IDWAY COAL ~ININIG CO. ROCKIES DISPLACEMENT PROJECT LINCOLN COUNt, ~O~ING ~WN ~: J.J.T. EXHIBIT "A" I SCALE: NONE ~ DATE: ¢-- ~ 6--02 ~n~D: 2 of 2