HomeMy WebLinkAbout888725STATE OF WYOMING
COUNTY OF LINCOLN
888725
POWER LINE RIGHT -OF -WAY
1300K 51 .?APR PAGE 8 3 9
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RECEIVED
LINCOLN COUNTY CLERK
KNOW ALL PERSONS BY THESE PRESENTS:
THIS EASEMENT, Made this 15th day of January, 2003, between ANADARKO LAND
CORP., f /k/a Union Pacific Land Resources Corporation, a corporation of the State of Nebraska,
Grantor, and THE PITTSBURG MIDWAY COAL MINING CO. whose address is P.O. Box 4590,
Gallup, New Mexico 87305, 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 construction, operation, maintenance, repair, renewal, reconstruction,
removal and use of an overhead electric transmission and distribution line (hereinafter called
"Facility with necessary appurtenances thereto, 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, together with the right of ingress and egress to and
from said land for the purpose of exercising the rights granted.
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 Facility 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 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 under-
neath 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.
0888745
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
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, Toss, 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 Toss or destruction of
property or the environment, including the Facility 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, Toss, 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 Facility 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.
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840
08887%5
STATE OF TEXAS
COUNTY OF MONTGOMERY
(SEAL)
ss:
WITNESS my hand and official seal.
My commission expires: [J7/W0
0_ A t, •Ni::HA MICHELLE GILBREATH
MY COMMISSION EXPIRES
?o;° January.], 2006
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ANADARKO Li
By:
Its: Attorney -In -Fact
Not
Public
841
If the Facility or any portion thereof is abandoned, and Grantee fails to restore the portion
of the Premises to which the abandoned Facility is appurtenant 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 Facility to such new location or remove said
Facility from the Premises, as Grantor may designate, whenever Grantor shall find that such Facility
unreasonably interferes with Grantor's contemplated use of the Premises. All the terms, conditions
and stipulations herein expressed with reference to said Facility on the Premises shall apply to the
Facility as modified, changed or relocated within the contemplation of this paragraph.
In accordance with Section 1445(b) (2) of the Internal Revenue Code, Grantor, Federal ID
No. 13- 2678588, certifies that it is not a foreign corporation and withholding of Federal Income Tax
from the amount realized will not be made by Grantee. Grantor understands that this certification
may be disclosed to the Internal Revenue Service by the Grantee and that any false statement
made here could be punished by fine, imprisonment, or both.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Attorney
in -Fact, the day and year first herein written.
Ll The foregoing instrum n� was acknowledged before me this /5 day of
/Ph il rc, 2003, by tb J�P.r.� Attorney -In -Fact of Anadarko Land
Corp.
EXHIBIT "A"
A strip of land twenty feet (20') in width located in the West One Half (W1/2) of Section
Twenty-three (23), Township Twenty (20) North, Range One Hundred Seventeen (117) West of the
Sixth (6th) Principal Meridian, Lincoln County, Wyoming, Tying ten feet (10') on each side of the
following described centerline and centerline prolonged:
Beginning at a point on the North Line of said Section 23, from which the Northwest Corner of said
Section 23 bears North 89 °53'12.6" West, 1618.06 feet; Thence along the center of the line of poles
South 08 °42'39.1" West, 2205.11 to a pole which is an angle point; Thence along the line of poles
Souh 40 °37'05.8" West, 2011.42 feet to a point on the West Line of said Section 23 from which the
Northwest Corner of said Section 23 bears North 00 °23'30.3" East, 3709.75 feet.
Said strip of land is 4216.53 feet (255.547 rods) in length and contains an area of 1.94 acres, more
or Tess.
Bearings and distances were calculated from the Kemmerer Mine Coordinate System with the
Northwest Corner of Section 23, T20N, R117W having a Northing of 380,642.23 feet, and an
Easting of 354,776.47 feet.
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