Loading...
HomeMy WebLinkAbout897252STATE OF WYOMING COUNTY OF LINCOLN POWER LINE RIGHT-OF-WAY 897252 R E CE IV E D LIt"100Lt,g 001!rYTy 0LERK KNOW ALL PERSONS BY THESE*.P. RESE,N¥S:.;;. ~'.I[-i','(; THIS EASEMENT, Made this 5thday of February, 2004, between ANADARKO LAND CORP., f/k/a Union Pacific Land Resources Corporation, a corporation of the State of Nebraska, Grantor, and PACIFICORP, an Oregon corporation, whose address is 825 NE Multnomah, Portland, Oregon 97232, 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 ]orant, bargain, sell and convey unto Grantee and unto its successors and assigns, an EASEMENT r a r ght-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, a ong and under the surface of the land ,,situated in. the County of Linc°In, State of Wyoming, described in Exhibit "A", (here nafter 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 .herein granted. RESERVING, however, to Grantor, its successors and assigns, the right to construct at any and all times and to maintain including, but not limited to, roads, highways, pipelines and telephone, telegraph and electric power poles 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 add 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, poles 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 insta'[lations 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 officersi 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. 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 first obtain the written permission of Grantor and then 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, loss, 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 loss 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, loss, destruction or damage, howsoever caused, grows out of or arises [rom 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 notassign 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. 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 ~lranted is subject to the needs and requirements of Grantor, its successors and assigns, in the mprovement 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 Interne 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 Agent and Attorney-in-Fact the day and year first herein written. ANADARKQ.J_AND CORP. By: ~~- ,,dames L~. Newcomb Its: A~ent and Attorney-In-Fact STATE OF, TEXAS COUNTY OF MONTGOMERY SS: The foregoing instrument was acknowledged Anad~rt(b LaCi'd Corp. · WITNESS my hand and official seal. My commission expireS: ~/~'./~r/J (SEAL) before me this ~, day of , Agent and Attorhey-ln-Fact of EXHIBIT "A" :': .. ~90 Two strips of land one hundred feet (100')in width located in Sections Three (3) and Eleven (_11 ), Resurvey Township Twenty-one (21) North, Range One Hundred Fourteen (114) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming, lying fifty feet (50') on each side of the following described centerlineS and the sidelines of said strips to be lengthened or shortened to begin and end on the respective property boundaries: Strip No. 1: A strip of land one hundred feet (100')in width over and across the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section Three (3), Resurvey Township Twenty-one (21) North, Range One Hundred Fourteen (114) West of'the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey h"ne for the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate on the easterly right-of-way line of the Naughton-Chappell Creek 230kV Transmission Line and the East Line of said Section 3. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the east right-of-way line of said Naughton- Chappell Creek 230kV Transmission Line, a point that bears South 16°06'49'' West, 1768.06 feet from the East Quader Corner of said Section 3, evidenced by a stone monument; thence South 83Q28'16" East, 154.09 feet to a point hereinafter to be referred to as Point "A"; thence South 74°01'30'' East, 334.97 feet to the intersection of said survey line with the East Line of said Section 3, a point that bears North 00°29'39'' East, 836.37 feet from the Southeast Corner of said Section 3, evidenced by a stOne monument. Together with a circular area having a radius of 100 feet, the center of which is at Point "A" previously described. The total length of described centerline is 489.06 feet (29.64 rods) and contains an area of 1.40 acres, more or less. Strip No. 2: A striP or land one hundred feet (100') in width over and across the Northeast Quarter . (NE1/4) of Section Eleven (11 ), Resurvey Township Twenty-one (21) North, Range One Hundred Foudeen (114) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel wi~h, the survey line for' the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate at the Nodh and East Lines of said Section 11. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the North Line of said Section 11, a point that bears South 89°43'01'' East, 347.88 feet from the North Quarter Corner of said Section 11, evidenced by a stone monument; thence South 74°01'30" East, 2383.36 feet to the intersection of said survey line with the East Line of said Section 11, a point that bears South 00°15'36'' West, 644.61 feet from the Northeast Corner of said Section 11, evidenced by a Stone monument. The total length of described centerline is 2383.36 feet (144.45 rods) and contains an area of 5.47 acres, more or less.