HomeMy WebLinkAbout895755.,:.':k":.
REOE VED
BOOK~PRPAOE ~ ~ 3 LINOOL~'.~ COUNTY 0LERK
......... t: ? ....
This Right-of-Way Contract Amendment ("Amendment") is dated this 9th day of OctoSer.[-.]~ ~%v'20.g3~.by
and bekaert NORTHWEST PIPELINE CORPORATION, located at 295 Chipeta Way, P.O. Box 58900, Salt Lake Ci~,
Utah 84158-0900 ("Grantee"), successor-in-interest to Pacific No~hwest Pipeline Corporation, and Don Failoni and
Kathleen Failoni doing business as Failoni Land and Livestock, whose address is P.O. Box 848, Kemmerer, ~ 83101
("current Grantor").
RECITALS:
Whereas by that certain Amendment To Right-Of-Way and Easement Contract dated September 19, 2002 (the
"Contract"), (Land Number 551211G321), recorded in the records of Lincoln County, Book 500, Page 332, Don
Failoni and Kathleen Failoni doing business as Failoni Land and Livestock, as Grantors, granted and conveyed
unto Grantee a right-of-way on, over and through certain .real property situated in Lincoln County, State of
Wyoming, as described and identified in the Contract. Said property being described as part of the NWl4, Section
4, Township 21 North, Range 118 West.
Whereas the undersigned Grantor warrants that it is now the owner in fee simple of the described property as of
the amendment date.
AGREEMENT:
NOW THEREFORE, for and in consideration of the mutual promises contained in this Amendment, Grantor grants
Grantee an amendment as described below:
The parties desire and agree to amend the Contract to specify the width of the existing right-of-way easement
described in said Contract, to be 75' in width configured as follows: 20' on Southerly side of the existing 22" line,
approximately 20' on Northerly side of the existing 22" pipeline to the new 24" pipeline and 55' Northerly of the
existing 22" pipeline. Being approximately 970 feet in length, more or less, from the east property line of
Grantor and 20' on Northerly side of the existing 22" pipeline, approximately 20' on the Southerly side of the
existing 22" pipeline to the new 24" pipeline and 55' Southerly of the existing 22" pipeline. Being approximately
1970' inlength to the west property line of Grantor described in Exhibit"B" attached and made a part of this
· Amendment.
2. The parties agree that the specific conditions which shall apply to the construction of the additional line are
described in Exhibit "A" attached and made a part of this Amendment.
This Amendment shall be binding upon and inure to the benefit of the heirs, successors and assigns of the
parties to this Amendment.
Except as amendedl all terms, conditions and provisions of the existing Right-of-Way Contract shall remain and
continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of this 9th day of October, 2003.
GRANTOR: Failoni Land and Livestock (dba)
~~~,.~.1o n i
K~thleen Failoni
NORTHWEST PIPELINE CORPORATION:
ary E; D~nning A-ttorney-ir~-Fact
ACKNOWLEDGMENT
STATE OF COLORADO )
CITY AND COUNTY OF DENVER )
On the 20TM day of November, 2003, before me personally appeared J. G. di Zerega, 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 and
acknowledged to me that he executed the same in his authorized capacity as Vice-president of The Pittsburg & Midway
Coal Mining Company.
Witness my hand and official seal.
My Commission Expires: ~~
2/18~2007
ACKNOWLEDGMENT---ATTORNEY-IN-FACT
STATE OF ~.)~--~ )
COUNTYOF ~¢~,-~ ~.t'~'..- )
My Commission Expires:
On the ,~).v..~ day of'"~)G~ ~w,.~.V'- ,2003, Gary E. Denning, personally appeared before me and being by me and
being by me duly sworn, did say that he is the Attorney-in-Fact of Northwest Pipeline Corporation, and that the
Amendment was signed on behalf of Northwest Pipeline Corporation and said Gary E. Denning acknowledged to me
that he as such Attorney-in-Fact executed same.
NotarY PL~blic in-and for' Sct,!,~ (-(~qC .. County
REGISTER NO.
State of
~IIIIIIII tI~
Notary Public
NADINE HAIJK
295 Chipma Way
R:\96amend l .WPT
385
STATE OF WYOMING)
)
COUNTY OF LINCOLN)
On the ~?'Z'day of ~(~.,~/~7 , 2003, Don FaJloni and Kathleen FaJloni, personally appeared before me and
being by me duly sworn, did say they do business as Failoni Land and Livestock, and that A~~t was signed on
behalf of said individuals and the business. .,~
My Commission Expires: ' / ~'i~ ' Y Expiresnmissi°n ',.
. . I Notary-~L/~c tr'r'~d fbr Lincoln County, ;~ ' ~o¥ ~a 2oo6 'co
//- / ~ (~,~ State of Wyoming ' ¥~ ~-' ' ' '
'~" '~'c' ' ' ' "~'-'
ACKNOWLEDGMENT--ATTORNEY-IN-FACT
COUNTY OF __ _ )
My Commission Expires:
, personally appeared before me and~eing by me duly s-worn:C~ say that she/he is the
Attorneyzin-Fact of Northwest Pipeline Corporation, and that the Agreement was signed on behalf of Northwest
Pipeline Corporation and said Gary E. Denning acknowledged to me that she/he as such Attorney-in-Fact executed
the same.
( Notary Pul~'c in"~nd for ~_ .~.-J~r'z,~,-~./'~-,., County
S86
EXHIBIT "A"
CONSTRUCTION STIPULATIONS
In accordance with the terms and conditions of the Easement, the Grantor and Grantee agree to construct a natural
gas pipeline on Grantor's property as follows:
Depending on the timing of the construction, if Grantor has livestock in the fields crossed by the construction
area, Grantee shall erect temporary fencing as necessary to control livestock and maintain the livestock a safe
distance from the construction activities. KEEP THE GATES CLOSED.
2. Grantee agrees to H-brace all fences prior to cutting and to return all fences to a Condition equal to or better
than that which existed prior to construction.
3. Grantee will ensure that its construction, operation, and maintenance activities do not interfere with the
Grantor's irrigation practices. Grantor has a main line sprinkler line that crosses the easement.
4. Grantee shall construct erosion control structures necessary to prevent and control erosion, which is attributable
to the construction, operation and maintenance of the pipelines.
Grantee shall re-seed disturbed areas along the right of way with a seed mix native to the area, and in
consultation with the landowner and his planting cycle in the hay fields replant with oats, or oats and alfalfa
mixed.
6. Grantee shall be responsible for the control of noxious weeds on land disturbed by construction activities for a
period of two years or until a good stand of grass is covering the right of way.
7. Grantee agrees to remove with a rubber tire back hoe the existing car chassis and other debris, including wood
poles from a portion of the right-of-way.
8. Grantee agrees to construct a tern porary fence to keep Grantors horses contained on property off the proposed
right-of-way. Grantor shall have option to retain or remove temporary fence at completion of construction.
R:\96amend I .WPT
/