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HomeMy WebLinkAbout878379 ..,. U.~,.".. ",! ! i ~.~ "~" ExxonMobil S~]rf. Fee # 8 '18" 'i' --' ,) 9 GRANT [MENT THE STATE OF ~OMING ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LINCOLN THAT, EXXON MOBIL CORPORATION, a New Jersey corporation, whose address is P. O. Box 4697, Houston, Texas, 7777210-4697, hereinafter called "Grantor" or "ExxonMobil," for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable considerations in hand paid to it by Jonah Gas Gathering Company, a Wyoming General Padnership whose address is 950 17~* Street, Suite 2600, Denver, Colorado 80202, hereinafter called "Grantee," the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, and CONVEY unto tlqe said Grantee a right-of-way and easement, hereinafter referred to as "Pipeline Easement," for the purpose of laying, constructing, maintaining, operating, replacing; and removing two (2) and only two pipelines, twenty inches (20") in diameter for the transpo~ation of natural gas on, over, arid across the following described lands ("the lands") in Lincoln County, Wyoming, to wit: Township 22 No~h, Range 111 West, 6th P.M. Section 18: Lot 8 (SW/4SW/4) Lincoln County, Wyoming There currently exists a single 20" natural gas pipeline buried within the grant being requested herein, and this preexisting pipeline appears to' have been agreed to by Grantor and was placed by Grantee. Grantor agrees that said preexisting pipeline was constructed within the guidelines required by Grantor at the time, and Grantor hereby agrees that said preexisting pipeline is approved to become a part of this grant of Easement and does hereby recognize and approve.said pipeline subject to consideration requirements. This preexisting pipeline shall constitute one of the two permissible pipelines within the Pipeline Easement granted herein. Grantor shall therefore have the right to construct one new pipeline within the Pipeline Easement. Grantee's new pipeline shall be constructed to a minimum depth of forty eight inches (48") below ground level, including 48" below the bottom of any ditches or culverts .overlying said pipeline, outside the boundaries of ExxonMobil's currently operated pipelines located on the lands and ' within a seventy-five foot (75') wide, non-exclusive right-of-way to be described and depicted on a plat as provided herein, 'together with the right of ingress and egress along said right-of-way and easement for all purposes incident to said grant. Grantee shall have the right to assign the Pipeline Easement, subject to Grantor's prior written consent. Within the boundaries of ExxonMobil's operated pipeline corridor ExxonMobil operates a forty inch (40") CO2 gas pipeline. Therefore, as a requirement of this grant, ExxonMobil will require that the top of Grantee's newly constructed pipeline provided for herein be buried below the ground surface to a minimum depth of eleven feet (11') at a point directly beneath ExxonMobil's CO2 line and that this depth be maintained for a minimum distance of 40' to the north of said CO2 line. This will provide the minimum two foot (2') clearance between Grantee's new pipeline and Grantor's existing and anticipated pipelines. Furthermore, it is anticipated that a six inch (6") pipeline running parallel to the CO2 line will be constructed by Grantor in the near future. Grantee agrees to re-bury and therebY deepen Grantee's existing pipeline to a minimum depth of 11' at a point directly beneath Grantor's new 6" pipeline if such line is built by Grantor. Grantor agrees that Grantee may submit an alternate proposal for the construction of said 6" pipeline across this grant to try and eliminate the need to deepen Grantee's existing pipeline as required herein. In the event Grantor does not in its sole discretion agree with Grantee's plan Grantee shall be required to promptly comply with the deepening provision. Grantee also agrees that it will provide, or has provided, proper corrosion and cathodic protection to both pipelines provided for under this grant of Easement. Grantee will increase the wall- thickness of any pipeline installed under any road crossing to a minimum of 0.5 inches (0.5"). TO HAVE AND TO HOLD said Pipelihe Easement unto Grantee for the purposes stated above, subject, however, to the following terms and conditions: 1. Grantor reserves the right, at its option, to terminate this easement upon six (6) months prior written notice to Grantee at any time that Grantee has neither used Grantee's facilities located in the easement nor exercised any of Grantee's other rights granted to Grantee hereunder for a continuous period of two (2) years immediately preceding the date of the termination notice, or upon Grantee's abandonment of its pipeline whereupon Grantee's rights shall terminate an.d Grantee shall furnish Grantor an instrument in recordable form evidencing the release of the rights granted hereunder. 2. Grantor reserves the right to cross Grantee's pipelines with pipelines, roads, streets, railroads, drainage ditches or structures, water lines, sewer lines and other utilities or facilities, provided that subject to the later provisions hereof, such 'use does not unreasonably interfere with rights of Grantee hereunder. 3. The rights granted herein are not exclusive, and Grantor reserves for itself, its successors and assigns the right to construct pipelines, cables, and other similar facilities and grant others the right to construct pipelines, cables, and other similar facilities parallel to and withit'~ the Pipeline Easement, provided such pipelines, cables, and other similar facilities do not unreasonably interfere with the rights granted hereunder, it being understood and agreed that no pipeline shall be constructed hereafter closer that ten feet (10') running parallel to Grantee's pipelines. 4. By its acceptance hereof, Grantee agrees to pay any damages to Grantor's improvements which may result from its acts or emissions, in laying, constructing, maintaining, operating, replacing, or removing said Pipelines. 5. The pipeline constructed by Grantee hereunder shall be designed, constructed, tested, and operated in accordance with all applicable state and federal safety standards. Nothing contained herein shall relieve Grantee of any obligations to comply with present or subsequent valid rules and regulations promulgated by any governmental agency having jurisdiction which may require pipeline owners to alter, change or upgrade the pipelines to comply with said rules and regulations. 6. Grantee shall obtain all permits required to cross roads and other public and quasi- public rights-of-way or facilities that the pipeline route will traverse. 7. Grantee shall notify Grantor's surface lessee or tenant, if any, prior to entry upon the lands. Grantee shall keep all fences, if any, affected by its use of this easement intact and capable of turning cattle at all times and shall keep all gates closed and locked if appropriate. Grantee shall provide adequate alternative facilities for any fences, gates, roads or bridges that must be temporarily taken out of service to accommodate Grantee's construction or use of this easement. After commencing construction hereunder, Grantee will pursue the work diligently to effect prompt completion of the work. Following the construction of its pipeline, Grantee will restore fences, gates, roads, and bridges, and the surface of the land affected by the pipeline, including additional working room, as nearly as is practicable, to the condition that such land and any improvements existed prior to construction. If said cleanup and restoration is not accomplished within ninety (90) days from and after the backfilling of the pipeline ditch and performed in a manner satisfactory to Grantor or its designated representative, then, and in that eventl Grantor shall have the right to enter upon the right-of-way and restore the Surface at the expense of Grantee. 8. Grantee agrees to construct, maintain, operate, repair and remove its pipeline in a manner so as not to obstruct, impair or alter the drainage on lands adjoining the easement granted herein, and should Grantee become aware that sUch drainage on lands adjoining its easement is obstructed, impaired or altered as a result of its use of the easement, Grantee will immediately take action necessary to correct such drainage. 9. No valves or above-ground facilities will be installed withOut prior written approval of Grantor, its successors and assigns. 10. GRANTEE SHALL INDEMNIFY, DEFEND AND HOLD GRANTOR HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, TYPE, AND CHARACTER ARISING OUT OF OR ASSOCIATED WITH THE RIGHTS GRANTED HEREIN, WHICH ARE ASSERTED BY ANY PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, GRANTOR'S AND GRANTEE'S EMPLOYEES FOR PERSONAL INJURY, DEATH OR LOSS OF OR DAMAGE TO PROPERTY RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTEE, EXCEPT TO THE EXTENT SUCH DAMAGE OR INJURY RESULTS FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOB, ITS CONTRACTORS, AGENTS OR ASSIGNS. WHERE PERSONAL INJURY, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY IS THE RESULT .OF JOINT NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR AND GRANTEE, GRANTEE'S DUTY OF INDEMNIFICATION SHALL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF SUCH JOINT NEGLIGENCE OR WILLFUL MISCONDUCT. FURTHER, GRANTEE HEREBY BINDS ITSELF, ITS SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, LIABILITIES, COSTS, LOSSES, EXPENSES AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO REAL OR PERSONAL PROPERTY OR NATURAL RESOURCES, PERSONAL INJURY OR DEATH CLAIMS, AND PUBLIC OR PRIVATE CLAIMS OR DEMANDS FOR DIRECT PAYMENT OR REIMBURSEMENT OR INVESTIGATION, REMEDIATION AND GOVERNMENT OVERSIGHT COSTS, ARISING OUT OF, OR IN ANY WAY RELATED TO, THE PRESENCE OR RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS OR OTHER CONTAMINANTS AT OR ON GRANTOR'S PROPERTY DURING OR FOLLOWING THE WORK WHERE SUCH HAZARDOUS SUBSTANCES, POLLUTANTS OR OTHER CONTAMINANTS MIGRATE OR ARE OTHERWISE TRANSPORTED OR RELEASED FROM GRANTEE'S EQUIPMENT OR FACILITIES, EXCEPT TO THE EXTENT THAT SUCH RELEASE IS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR, ITS CONTRACTORS, AGENTS OR ASSIGNS. WHERE SUCH RELEASE .IS THE RESULT OF JOINT NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR AND GRANTEE, GRANTEE'S DUTY 'OF INDEMNIFICATION SHALL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF SUCH JOINT NEGLIGENCE OR WILLFUL MISCONDUCT. 11. Upon the termination of this easement, Grantee, if directed to do so by Grantor, at Grantee's expense, shall remove promptly from Grantor's land the pipeline and other facilities and equipment, and thereafter restore such land to the condition existing before installation, to the extent reasonably practicable. Further, Grantee shall restore the land to whatever condition may be required under applicable environmental laws and regulations. The parties expressly agree that this obligation will continue until such corrective action or remediation is finalized and approved by appropriate governmental agencies or meets the standards required by such applicable environmental laws and regulations. Grantee's obligation under this Section 11 shall apply only to such restoration, remediation and corrective action necessitated by the property conditions resulting from or arising out of Grantee's exercise of the rights granted hereunder. 12. The term "Grantee" as used in this Section 12 shall be defined so as to include any employee, agent, representative, contractor or subcontractor of Grantee. Grantee shall not perform any work on Grantor's premises while under the influence of alcohol or any controlled substance. Grantee shall not use, possess, distribute, or sell alcoholic beverages, illicit or unprescribed controlled drugs, drug paraphernalia, or misuse legitimate prescription drugs while performing work on Grantor's premises. Grantee may be removed from Grantor's premises any time there is suspicion of alcohol/drug use, possession, distribution or impairment, or at anytime an incident occurs where drug or alcohol use could have been a contributing factor. Any person removed from Grantor's premises may not, at the sole discretion of Grantor, be allowed to return. Grantee will comply with all applicable federal, state, and local drug and alcohol related laws and regulations (e.g., Department of Transportation regulations, Department of Defense Drug-Free Work Force Rolicy, Drug-Free Work Place Act of 1988). Grantee further agrees not to possess firearms, explosives, or weapons on or about, or while performing work upon, Grantor's premises without prior written authorization from Grantor. Persons suspected by Grantor of being in violation of this policy, and regardless of whether .such suspicion related to the possession of firearms, explosives, and/or weapons, may be removed from Grantor's premises, and, in the sole discretion of Grantor, denied future entry. 13. This is not a conveyance of the land described herein or of the minerals herein and thereunder but grants only the rights provided above. The rights granted herein are expressly subject to all applicable, valid and existing laws, ordinances, regulations, easements, restrictions, rights-of-way, conditions, exceptions, reservations, and covenants of whatsoever nature either of record or evidenced by improvements on or upon the ground along said Pipeline Easement. 14. Grantee agrees to pay all ad valorem taxes assessed against its proper!y placed within the Pipeline Easement granted herein. 15. Within ninety (90) days of the date Grantee has completed the installation of the new pipeline hereunder, and upon request of Grantor, Grantee shall file for record in Lincoln County, Wyoming, an "as-built" plat prepared by a registered land surveyor showing the precise location of the pipeline constructed hereunder. Said plat shall include a centerline description of the easement, the location of the pipelines within the easement, and such references to property corners, boundary markers, and section and/or Survey lines as may be necessary for Grantor to locate the easement within the tract. 16. Each portion hereof is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of: the remainder of this Agreement. This grant is made without warranty of title, either express or implied. IN WITNESS WHEREOF, the padies hereto have executed this instrument on the day and date evidenced by their certificates of acknowledgment hereof. EXXO~ BY ¢~ .... TITLE A,qent and Attorney in Fact JONAH GAS GATHERING COMPANY ~y its General Partner ~JTEPPCO Midstream Companies, L.P. '~l by its General Par'tner ~.EPPCO GP, !nc. , -4- 733 THE STATE OF TEXAS § COUNTY OF HARRIS § INSTRUMENT was act~nowledged before me on the 29'~-~' day of I~'~'- , ~, by ¢_~ ~, ~,~ ,as Agent ~nd Attorney in Fact for E~ON MOBIL CORPORATI.ON, a New Jersey corporation, on behalf of said corporation. ~,~~~ My Commission Expires ~ ~ ~ 7- O~ COUNTY OF THIS INSTRUMENT was acknowledged before me on the l/¢ 4~ day .~ie~, as~for Jonah Gas Gathering Company, on ~ehatf of said cor~ration. My Commission Expires (~ ~ -5- , .... .. 08'7S3'79 .: 73 SECTION 18, TOWNSHIP22 NORTH, RANGE 111 WEST, of the 6th P.M. 'N W INENW NWNE [NENE' z NDT TD SCALE SETAIL CORPORATION [ NESW S 06'40'55" E DATUM ~ 7 SPCS ~Y~ NAD 27 STALE' OF WYOMI~O COUNTY OF LINCOLN ~ EXISTING PIPELINE , PIPELINE o ~ SEE ~ETAIL 'A' / z ~ S 04'35'39" W N 89°53'17" ~ 2752,14' SURVEYOR'S STATEMENT I, Brian L. Forbes, state that I om by occupation o Registered Land Surveyor employed by JONAH OAS OATHL-R/NO COMPANY, to make o survey of this pipeline as shown on this mop; that the survey of said works was mode by t~L"%'"'~[trr~ 1< is accurately tho me or under my outhorit~ commencin~ on the ,gth day of MAY 200,, and represented upon this mop, JOB DESCRIPTION: OPAL LOOP PROJECT 7274-41A "REVISED" R A MAP SHOWING R-O- W EASEMENT IFFIN & ASSOClATES, INC. FOR A PIPELINE 1414 ELK ST., SUITE202 SCALE: l" = looo' PREPARED FOR: ROCK SPRINGS, WY 82901 JOB No. 7274 JONAH GA~ GA TtlERING , (307) 362-5028 REVISED DA TE: 10/24/01 COMPANY '" AN EASEMENT 75.00 FEET WIDE, FOR A PIPELINE LYING WITHIN THE SOUTHWEST QUARTER ,OF TIlE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RANGE 111, WEST OF THE SIXTH PRINCIPAL MERIDIAN IN. THE COUNTY OF LINCOLN, STATE OF WYOMING, LYING 25.00 FEET ON THE RIGHT SIDE AND 50.00 FEET ON THE LEFT SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 06040'55'' EAST, 1,329.26 FEET TO THE TRUE POINT OF BEGINNING; TItENCE SOUTH 04°35'39'? WEST, 1,323.69 FEET TO THE POINT OF TERMINUS AND A POINT ON THE SOUTH LiNE OF THE SO,UTHWEST QUARTER OF SAID SECTION 18, SAID POINT BEING SOUTH 89°53'17" EAST, 46,.12 FROM THE SOUTHWEST CORNER OF SAID SECTION 18. ' 'A CONE ] [': ...... >'%279 ACI{ES iVlORE OR LESS ANr::Li!I:/~VING 80.22 RODS.