HomeMy WebLinkAbout887952Recorded 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
8879,52
'BOOK ~l ~-{ _PR PAGE
RECEIVED
'LINOOLr'.~ COU~,.JTY CLERK
Assessor Parcel No. 211616100040
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 being forty (40) feet on the northeasterly side and
thirty-five (35) feet on the southwesterly side of the Survey Line 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-33
Assessor Parcel Number: 211616100040
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
k/nd 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 agreemen{:not herein expressed.
WITNESS THE EXECUTION HEREOF THE // ?z6 DAY OF
GRANTOR:
Title:
NORTHWEST PIPELINE CORPORATION
At~torney-in-Fact
Parcel No. K-33
Assessor Parcel Number: 211616100040
ACKNOWLEDGMENT
206
STATE OFCOLORADO
CITY AND COUNTY OF DENVER
SS
On ~ [l , ~"21~.9, before me personally appeared J.G. diZerega, known to me (or
proved to me on the basis'of satisfactory evidence) to be the person whose name is subscribed to the within
instrument an~t ackno,wledged to me that he executed Lhe same in his authorized capacity
Witness my hand and official seal.
'My Commission Expires:
ACKNOWLEDGMENT---ATTORNEY-IN-FACT
STATE OF UTAH )
)
COUNTY OF SALT LAKE )
On the/Y ~'-day of ]~r_~v~y ,200~-, MAURINE L. BACHMAN, personally appeared before me and
being by me duly sworn, did say that she/he is the Attorney-in-Fact of Northwest Pipeline Corporation, and that the
Agreement was signed on behalf'hr Northwest Pipeli'ne Corporation and said MAURINE L. BACHMAN
acknowledged to me that she/he as such Attorney-in-Fact executed the same.
My Commission Expires:
NOTARY I'UBLIC
BURTON MAXFIELD
! 860 E. South Bridge Way
Sandy, Utah 84093
My Co~mission Expires
October 2, 2004
STATE OF UTAH
Parcel No. K-33
Assessor Parcel Number: 211616100040
-SECTION 16, T21N-R116W, 6TH PRINCIPLE MERIDIAN,
LINCOLN COUNT'Y, Vv~OivilNG
PERMANENT
EASEMENT DETAIL
N.T.S.
A.P.N. 211616100040 PROJ. FOLDER #K-,33
A PART OF THE S2, SEC. 16
17
31~,62'
17
16
21
N60'54'26°~'
565.39'
592.13'
408.80'
N73'24'46'~
1191.87'
16
1164.86'
21
^ = N09'17'~0'%/ P6.~4'
B = N23'02'53'%/ 24.5;:"
C = N30'og'22'V 26.54'
]) = N47'D4'47'%/ 38.48'
E = N57'41'15'%/ 27.99'
F = N71'13'45'W 59.34'
~'5~',., 1 6 1 5
359.20' ~
x___ NIO'IB'lg'~ 21 22
E.73'
SEE PAGE 2 OF 2 FOR CENTERLINE DESCRIPTION
O' 500' 1000'
THIS SKETCH REPRESENTS ONLY A PIPELINE
SURVEh' 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.
SCALE:
75 FOOT EASEMENT - R/W =
SURVEY LENGTH = 4-7.38.4 FEET MORE OR LES.~
TOTAL EASEMENT = 8.16 ACRES MORE OR LESS
NORTHWEST PIPELINE CORPORATION
ROCKIES DISPLACEMENT PROJECT
A PROPOSED 30" PIPELINE CROSSING LANDS OF
PII-I-SBURG &: MIDWAY COAL MINING CO.
LINCOLN COUNTY, WYOMING
I
D~wN B-r: &J.T. I EXHIBIT "A"
APPROVED: I 1 of 2
SC~ALE: ~" ~r~r~m' DATE: 4--17--02
A SEVENTY FIVE (75) FOOT WIDE PERMANENT PIPELINE EASEMENT
Being a seventy five (75) foot wide permanent easement lying forty (40) feet
Northeasterly and thirty five (35) feet Southwesterly of the following described survey
line.
Extending over, through, and across the South Half Section 16, Township 21 North,
Range 116 West, 6th Principle Meridian, Lincoln County, Wyoming.
BEGINNING at a point on the South line of said South Half of said Section 16, said
point bears S 89'41'0.3" E along section line a distance of 1164.86 feet from the
South Quarter corner of said Section 16.
THENCE N 10'18'19" W, a distance of 2.73 feet;
THENCE N 01'25'55" W, a distance of .359.20 feet;
THENCE N 09'17'20" W, a distance of 26.24 feet;
THENCE N 23'02'55" W, a distance of 24.52 feet;
THENCE N 50'09'22" W, a distance of 26.54 feet;
THENCE N 47'04'47" W, a distance of 58.48 feet;
THENCE N 57'/.1'15" W, a distance of 27.99 feet;
THENCE N 71'13'45" W, a distance of 59.54 feet;
THENCE N 73'24'46" W, a distance of 1191.87 feet;
THENCE N 71'1.3'02" W, a distance of 408.80 feet;
THENCE N 66'27'1'¥" W, a distance of 592.1.3 feet;
THENCE N 60'54'2'15" W, a distance of 565..39 feet;
THENCE N 55'24'20" W, a distance of 1102.52 feet;
THENCE N 42'27'06" W, a distance of 312.62 feet to a point of terminus of the
herein described easement on the West line of said South Half of said Section 16.
Said seventy five (75) foot wide permanent easement being 4758.4 Feet in length
and containing 8.16 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.
NORTHWESTPIPELINE CORPORATION A PROPOSED .30" PIPELINE CROSSING LANDS OF
PITTSBURG cE: MIDWAY COAL MINING CO.
ROCKIES DISPLACEMENT PROJECT LINCOLN COUNTY, VCYOMING
DRAWN DY: J.J.T. EXHIBIT "A"
SaALE: NONE DATE: ~.--17--02 &~PROV~:D: 2 of 2