Loading...
HomeMy WebLinkAbout895871 RECEIVED LIN00LN O0UNTY 0LERK $64 For and in consideration of the Sum of Ten Dollars ($10.00) and,oUa(g~:al~ablC:'~'~[' consideration, the receipt and sufficiency of which are hereby ac~owledged, and subject to the te~s and conditions hereina~er defined, Williams Gas Processing Company a Delaware co~oration, (hereina~er called "Grantor") with a mailing address at P.O. Box 645, ~C 3-9, Tulsa, OK 74101, does hereby ~ant, sell and convey unto No~hwest Pipeline Co~oration, a Delaware co~ofation, (hereinafter cailed "Grantee") with a mailing ~ddress of P.O. Box 58900, Salt Lake City, Utah 84158-0900; A. A non-exclusive 50~feet in width easement for Grantee's 30-inch pipeline measured 25-feet east and 25-feet west from the centerline of the pipeline. B. A non-exclusive 37-feet in width easement for Grantee's 16-inch pipeline measured 25-feet east and 12-feet west from the centerline of the pipeline right-of-way. C. An exclusive meter station facility easement measured 92-feet in width and 140-feet in length. (Hereinafter called the "Easements") to install, oPerate, maintain, inspect, repair, replace and remove a 16-inch pipeline, a 30-inch pipeline and a pipeline meter station consisting of all cUrrently' existing piping, meters, valves, pumps, motors, electrical .wires and conduits, control and communications equipment, fencing, buildings and related appu.rtenances (collectively the "Pipelines and Meter Station") for the purpose of receiving, delivering and transpOrting natural gas products within and across a certain 183.886 acre tract of land (the "Easement Site") as described on Exhibit "A", attached hereto and made a part hereof. The Easement Site is a part of a certain tract of land (hereinafter called "Grantor's Land") located in a parcel of land located in Lot 37, Resurvey TOwnship 21 North, Range 114 West, 6th P.M., Lincoln County, Wyoming, Grantor's Land being more particularly described by metes and bounds, within a certain Correction Warranty Deed effective as of 5 May, 1993, from Northwest Pipeline Corporation, to Williams Gas Processing, filed of record on 19 May, 2001 and recorded in the Lincoln CoUnty Clerk office at Book 464 at Page 68,. Opal Easement 1 This grant is made without any warranty of title by Grantor either express or implied. Grantor further conveys to Grantee the right of reasonable ingress and egress to and from the Easement Site across Grantor's Land either within the Easement Site or within established roads and through established gates upon Grantor's Land together with the right to utilize reasonable additional temporary work space along and adjacent to the Easement Site provided that no such use shall interfere with Grantor's use and enjoyment of Grantor's Land. ExCept in case of emergency, Grantee shall give Grantor at least 24 hours notice of its intent to enter onto Grantor's Land for routine work on the Pipelines and Meter Station within the Easement Site, and 30 days notice of its intent to enter Grantor's Land to carry out significant, major work such as excavation and lifting by crane. BY acceptance of this Easement, Grantee hereby covenants and agrees to bind itself, its successors and assigns, to the following described terms and conditions: Grantee shall exercise the rights herein granted in a manner which will not unreasonablY interfere with Grantor's use of Grantor's Land including that portion of Grantor's Land contained within the Easement Site. The Pipelines and Meter Station within the Easement Site shall be limited to those facilities that are currently located upon the Easement Site and to the replacement of any such existing facilities. If Grantee should desire to install additional facilities, Grantee must first acquire the prior written consent of Grantor which consent Shall not be unreasonably withheld. Grantee shall have the right to place signs identifying Grantee's Pipelines and Meter Station. o All of Grantee's facilities installed by virtue of this Easement shall be constructed in accordance with existing safety and industry standards and regulations. Grantee shall exercise all due precaution and safety in exercising its rights under Opal Easement this Easement and shall ditch by hand in areas deemed necessary by Grantor's designated on Site representative to avoid damaging any existing facilities. No boring or jacking operations by Grantee will be permitted within Grantor's Land 'and all excavations shall be "open trench". : Grantee shall observe all rules and regulations that have been or hereafter may be promulgated by Grantor and/or governmental authorities having proper authority over activities within Grantor's Land for the conduct of individuals while on Grantor's Land including, but not limited to, rules and regulations with respect to acts or'practices deemed hazardous (including a "hot work" permit from Grantor before any welding, grinding, or acetylene torch work is performed, and adherence to Grantor's visitor sign-in and security procedures) and Grantee also agrees to enforce compliance therewith by its employees, contractors, agents and invitees. Grantee shall pay all takes which may be levied or assessed against Grantee's facilities installed by virtue of this Easement and Grantee further agrees to reimburse Grantor for the amount of any taxes which may be assessed against Grantor by reason of Grantee having installed Grantee's facilities upon Grantor's Land. , Grantor reserves the right to use Grantor's Land, including the pipelines Easement Site, for any purposes that will not interfere with Grantee's existing facilities within the pipelines Easement Site. Grantee shall indemnify, save, hold harmless, and at Grantor's option, defend · Grantor, its affiliated companies and partners and the directors, officers, employees, and agents of each such company and partners from any and all claims, demands, costs, (including without limitation, reasonable attorney and expert witness fees and court costs), expenses, lOsses, causes of action (whether at law or in equity), fines, civil penalties and administrative proceedings for injury Opal Easement 3 667 or death of persons or damage or loss to property, environmental damages, or ~ Other business losses, including, without limitation, those made or incurred by Grantor or their affiliated companies and partners and the directors, officers, employees, or agents of each such company and partner, or third parties, or governmental agencies in any way arising from or relating to the exercise of the rights herein granted through this Easement or from any work or acts attributable to Grantee, Grantee's employees, representatives, successors, contractors or assigns, The above described indemnification clause shall not be interpreted to cause Grantee to indemnify, save, hold harmless and defend Grantor from any of Grantor's negligence or willful misconduct. Grantor shall indemnify, save, hold harmless, and at Grantee's option, defend Grantee, its affiliated companies and partners and the directors, office~s, employees, and agents of each such company and Partners from any and all claims, demands, costs, (including without limitation, reasonable attorney and ~expert witness fees and Court costs), expenses, losses, causes of action (whether at law or in equity), fines, civil penalties and administrative proceedings for injury or death of persons or damage or loss 'to property, environmental damages, or other business losses, including, without limitation, those make or incurred by Grantee or their affiliated companies and partners and the directors, officers, employees, or agents of each such company and partner, or third parties, or governmental agencies in any arising from or relating to any Work or acts attributable to Grantor, Grantor's employees, representatiVes, successors, contractors or assigns. The above described indemnification clause shall not be interpreted to cause Grantor to indemnify, save, hold harmless and defend Grantee from any of Grantee's negligence or willful misconduct. During the exercise of Grantee's rights as set forth in this Easement within Grantor's Land, Grantee shall carry and warrant that Grantee's contractors shall carry commercial general liability insurance on an occurrence form with a · combined single limit of $5,000,000 each occurrence for bodily injury and property damage including coverage for blanket contractual liability, independent Opal Easement 4 contractors, and sudden and accidental pollution. If any or all of the liability insurance is "claims-made", then in the event of cancellation of the insurance, substitute insurance Shall be provided with terms and conditions and policy limits that comply with this Agreement including a retroactive date reflecting the commencement date of this Agreement and any such substitute or renewed insurance shall be maintained in full force and effect for at least two (2) years or provide for a two (2) year discovery period from the date this Agreement terminates. Grantee's contractors shall waive and shall require their insurers to waive any right of subrogation or recovery they may have against Grantor, its parent or affiliated companies and partners. Grantor, its parent and affiliated companies and partners, shall be named as an additional insured, on a primary basis, with respect to Grantee's and/or Grantee's subcontractors' operations. The required liability insurance can be met under a primary or an excess policy or any combination thereof. Certificates of insurance evidencing the above-described coverage must be delivered to Grantor's designated repreSentative if so requested by Grantor. At the commencement date of this Agreement, an affiliated relationship exists between Grantor and Grantee. Should this affiliated relationship cease to exist, the Grantee shall agree to carry the above-described insurance and provide evidence of such insurance if so requested by Grantor. G68 .9. All notifications under this Easement shall be written and shall be forwarded through certified mail return receipt requested to the following addresses: If to Grantor- Williams Gas Processing Attn: Opal Plant Manager 3 Miles West on Highway 374 Green River, WY 82935 Opal Easement G69 If to Grantee- Northwest Pipeline Corporation Attn: Land Department 295 Chipeta Way P.O. Box 58900 Salt Lake City, Utah 84158-0900 10. Should Grantee cease to use the Pipelines and Meter Station for the purposes above described for a continuous period of two (2) years, upon entry of an Order of Abandonment from the Federal Energy Regulatory Commission this Easement shall terminate and Grantee, at Grantee's expense, shall remove the Pipelines and Meter Station fi.om Grantor's Land and shall, within ninety (90) days after Grantee's removal deliver to Grantor a complete release of this Easement as recorded in the appropriate County records. This Easement together with the above-described terms and conditions shall constitute covenants running with the land and shall be binding upon and inure to the benefit of Grantor and Grantee, their successors and assigns. 1N WITNESS WHEREOF, this Agreement has been executed this 2-- day of//ff/~'r4/~t,/ ,207_~___. WILLIAMS GAS PROCESSING COMPANY By ~ Name: Title: - GRANTOR Northwest Pimp/'' orporation Nam e.-~-cl~a~'~]~ 7H u ff t/'/~ Title: Attorney-in-Fact -GRANTEE , STATE OF OKLAHOMA COUNTY OF TULSA ) )SS ) Before me, the undersigned, a Notary Public in and for ihe county and state aforesaid, on. tlfiscx~'q~ttday- °f..Z)z~//'/7~,,'~-'' , 200.~ personally appeared Clayton J. Harris, Attorney-In-Fact for WILLIAMS GAS PROCESSING COMPANY, A Delaware Corporation, by virtue of a 1 April, 1997, Power of Attorney filed for record August 26, 1997, in the County of Tulsa, State of Oklahoma, in Book 5949 at Page 2177-2178, as Document 97078988, and that said instrument was signed on behalf of said corporation, and said Clayton J. Harris acknowledged said instrument to be the flee act and deed of said corporation. · ..? ?..::::~""~fimony whereof, 'I have hereunto set my hand and affixed by official seal at ,~ ..~'~',, ,~,[~.', -'.. . . . my ~kt!pp :[~-~a~'d county and state the day and year last above written. . " ar ublic My Com..misgion Expires: Opal Easement 7 STATE OF Utah COUNTY OF Salt Lake ) )ss ) On this c~[ ~-V day of IX~oOe;,m~er- ,200_~, before me appeared Richard E. Huff, to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of Northwest Pipeline Corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its ~ \-k-ocw~.~C w'~>~, and said ~-~cinr~4 ~" ~u,:tc-~ acknowledged said instrument to be the free act and deed of said corporation. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said county and state the day and year last above written. Notary Public My Commission Expires: Opal Easement 8 WILLIAMS ..... · -5-. ....~ /" : ~ / :-~., / Il .... ["' .,' ~ ,..- ....... f ,,, '~...~ !I TOTAL P. OG JUN-1G-~00~ 1~:01 WILLIAMS 918 593 9955 P.05 ]~' USED ACKF~AG{ {--I UI~I~D ACR~GI~ TOTAL ACRI~AOE ORIGIHAL 60.393 135.613 11.680 207.686 $57,500.00 El. P A~C HATURAL GAS CG~PAHY BIG I~ I N E )''' P I,A Y<Y T '"'5 I T ~ . - -- USED ~' U~U~ED ~4C~E,4G£ · . ~IHCO~ C~ ....... ~0~1~ '.'. .... JUN-16-~00~ 14:00 WILLIAMS 918 5?3 9?55 P.04 LINCOln,/ CO. ~ /,YYc Y'- .~/ - ~/ .~ ~ - / /~ ~ - ~o~ ~ Z/ !~ . PASO NATURAL. GAS CO~tPANY Nerthwe~t CCI, NO. I owG.