HomeMy WebLinkAbout899248 RECEIVED
555~RpAq, E~---~_'0~' LINCOLN COUNTY CLERK
BOOK_
04 M~ 13 ~'ilO: 25
THIS AGREgMg~T, is made and entered into effective Ehe 1st da~
of Narah, 200A, by and between BE~ BUTTg GRAZI~a PARTNERSHIP, A
~I~ITgD PART~BRSHIP, whose address is % Mr. Edward ~. Bown,
Attorne~ at ~aw, 101~ East 3900 South, Salt ~ake ~i~¥, U~ah
8412A(here±nafter refer~ed ~o ~s "Bell Butte") ~nd Chevron U.S.A.
Inc., whose mailin9 address is P. O. Box 36366, Houston, Texas
??236 (hereinafte~ ~e~erred to' ~s "Chevron").
~ I T~ g S S g TH:
THAT ~HEREAS, Bell Bu[Ee is the owner o~ the Sg~$~ and
o~ Section 20, Town~hip 19 ~or~h, Range 119 ~es~, 6th P.M.,
situated in ~in¢oln County, N¥om±ng; and
NHEREAS, Chevron has requested Bell Butte to 9ran~ to Chevron
the non-exclusive ~ight ~o construct, utilize and m~intain an
access ~oad 50 feet wide and 349.2? ~ee~ or 21.168 rods in length
and :o utilize ~nd maintain an escape ~oad 50 fee~ wide and
2,?01.88 feet or 163.750 rodB in length, crossin9 ce~E~in portions
of ~aid $~S~ and SN~Sg~ of ~aid Section 20, in connection wiEh
oil and 9as drillin9 and p~odu¢in9 ope~aEions ±n eon~ection wiEh
the Chevron ~ederal A-29N ~ell in the ~I~E~ of Section 29, Township
19 ~orth, Range 119 ~es[, 6~ P.~., ~i~coln County, ~¥oming; and
~HEREAS, Bell Butte and ~hev~on de~ire to ente~ in~o this
AgreemenB in accordance with the Eerms and condition~ here±hafner
set forth.
NOW, THEREFORE, in consideration of the premises, and the sum
of Ten and No/100 Dollars ($10.00), and other valuable
consideration, in hand paid to Bell Butte by Chevron, the receipt
whereof is hereby acknowledged by Bell Butte, and in consideration
of Bell Butte entering into this Agreement with Chevron, and
Chevron's agreement with Bell Butte to keep and perform all of the
covenants and agreements on Chevron's part to be kept and performed
hereunder, as hereinafter set forth, the parties hereto covenant
and agree as follows, to-wit:
1. Bell Butte hereby grants to Chevron the non-exclusive
right: (a) to construct, utilize and maintain an access road 50
feet wide and 349.27 feet or 21.168 rods in length; and (b) to
utilize and mainta:n an escape road 50 feet wide and 2,701.88 feet
or 163.750 rods in length, cross:ng the SE~SW~ and SW~SE~ of said
Section 20; which roads are to be utilized in connection with
Chevron's oil and gas drilling and producing operations with the
said Chevron Federal 4-29M Well in said Section 29. The lands on
which said access road and escape road are located are more
particularly shown, identified and described on Exhibits "A" and
'B" annexed hereto and by this reference specifically made a part
hereof, and which lands are sometimes hereinafter referred to as
the "premises"
2. During the life of this Agreement, Bell Butte, and other
parties similarly authorized by Bell Butte, shall have the right to
i~.:
172
use and enjoy the said premises as the rights herein granted to
Chevron with respect to said premises are not exclusive.
3. The consideration paid by Chevron to Bell Butte
concurrently herewith represents the consideration payment for the
execution of this Agreement by the parties and for the use of said
premises through the 28th day of February, 2005, such date
constituting for the purposes hereof the last day of the first
license year of this Agreement.
4. Subject to all of the terms and conditions of this
Agreement, this Agreement shall remain in full force and effect for
a term of five years from March 1, 2004, and so long thereafter as
said premises, or any portion thereof, is used by Chevron for or in
connection with any of the purposes stated or referred to in
Paragraph 1 above; provided, however, any interruption of use shall
not cause this Agreement to terminate. If Chevron's use of said
premises should terminate, Chevron may surrender this Agreement by
mailing or tendering to Bell Butte a release and be relieved of all
obligations under this Agreement excepting those obligations to be
kept and performed at the time of such termination, as herein
provided and including the provisions of Paragraphs 10 and 17
hereof.
5.~ Upon execution of this Agreement, Chevron shall pay to
Bell Butte, at its address above set forth, or at such other
.:. 173
address as Bell Butte may designate bY written notice to Chevron,
the sum of $3,328.52.and, shall pay to Bell Butte the sum of
$~, subject to adjustment as hereinafter set forth, on or
before the 1st day of March, 2005, and shall pay a like amount to
Bell Butte on or before the 1st day of March, of each year
thereafter so long as this Agreement remains in effect.
The following formula shall be utilized by the parties to
determine the annual payment under this Agreement as to Chevron's
use of the Premises for additional one (1) license year periods
after the first license year:
Ra = $1~664.26 x Ia
Ib
where
Ra above set forth is the annual rental payments due
on or before March 1, 2005, and on or before each March
1, thereafter to be used in determining the amount
required to renew this Agreement for the next succeeding
renewal year under this Paragraph 5;
Ia is the Consumer Price Index - All Urban
Consumers, U.S. City Average, All Items (1982 84 Base
= 100) published by the U.S. Department of Labor, for the
month of December immediately preceding the 1st day of
March of the applicable renewal year of adjustment.
Ib is the consumer price index (as defined above)
for the month of March, 2004.
In the event the consumer price index is discontinued or
revised, such other government index with which it is replaced
shall be used in order to obtain substant:±all¥ the same result as
would be obtained if the consumer price index had not been
discontinued or revised.
Provided, further, however, that in the event the
consumer price index published for the month of December
immediately preceding the end of 'any license year of this Agreement
shall disclose that the purchasing power or value of the United
States dollar has increased above the purchasing power or value of
said dollar as of December of the preceding year, then the sum to
be paid by Chevron to Bell Butte under this Paragraph 5, to extend
this Agreement as to said-access roads for the next succeeding
license year, shall be the sum paid for the prior license year.
6. Without the written consent of Bell Butte being first had
and obtained, Chevron shall not have the right to assign this
Agreement, or any part or portion thereof; or any part or portion
of the rights granted to Chevron hereunder.
7. Bell Butte shall pay all County taxes assessed against
said premises, based upon the present valuation thereof.
Chevron shall pay all County tax assessments based upon
~any and all improvements whatsoever placed upon said premises by
Chevron.
Chevron shall also pay all County taxes, if any, assessed
against said premises because of additional value placed thereon
for tax purposes by reason of improvements placed upon said
premises by Chevron, and Chevron shall, within thirty (30) days
after written notice from Bell Butte, reimburse it for Chevron's
share thereof.
8. Bell Butte makes no warranties or representations
hereunder with respec~ to its title to said premises, and Chevron's
rights hereunder are expressly subject to all superior rights, in
law and equity, including, but without limitation, the following,
to-wit:
(a)
All reservations, limitations, and conditions of the
underlying Patents covering said premises and the rights
of any party, or parties pursuant thereto;
(b)
Ail grants, conditions, limitations, and reservations, if
any, of record, or arising by operation of law, and the
rights of any party or parties pursuant thereto;
(c)
All easements or rights of way of record and all
easements or rights of way, if any, not recorded, but
which have been established and now exist by operation of
law upon said premises or any portion, or portions,
thereof;
(d)
The right of Bell Butte to graze, or authorize the
grazing of livestock on, near or around said premises;
and the rights of the owner(s) of the mineral estate(s),
and the terms and conditions of and the rights of Bell
Butte and all party, or parties, under all existing and
future Bureau of Land Management or other grazing
licenses and permits, oil, gas, mineral or other
lease(s), access road agreements, or surface owner(s) or
other agreement(s), and all other agreements and licenses
and permits of every kind and nature, covering any
portion, or portions, of the lands included in the
subject premises, and the right of Bell Butte to renew
or extend said leases and agreements, or enter into new
6
leases and/or agreements and licenses and permits
referred to under this sub-paragraph (d) above, at the
sole discretion of Bell Butte.
(e)
The rights of any party, or parties, under any underlying
deed constituting the record chain of title from Patentee
to Bell Butte.
9. At Chevron's sole cost and expense, and during the
construction, repair and maintenance of said premises, and during
the life of this Agreement:
(a) Chevron shall maintain and keep said premises clear of
refuse and litter caused by Chevron.
(b)
Range improvements, such a.s fencing or reservoirs, etc.,
if any, within the premises, will not be disturbed; or,
where disturbance is necessary, Chevron shall leave such
improvemenns in the original or better condition, as
determined by Bell Butte and Chevron;
(c)
Chevron shall construct and maintain adequate water
breaks on all disturbed slopes, if any;
(d)
Chevron shall effect a minimum of vegetative or soil
disturbance, consistent with practical maintenance
operations, and will smooth and maintain all disturbed
areas to conform as nearly as practical with the adjacent
terrain, and provide and maintain adequate water drainage
to minimize erosion;
(e)
Chevron shall comply with all Federal, State and local
Laws, ordinances, and enactments, and with all lawful
rules, regulations and orders of all regulating agency,
or agencies, applicable to Chevron's use and maintenance
of the premises and operations under this Agreement,
including, but without limitation, environmental, water,
noise and air pollution control, erosion control, toxic
waste, hazardous substances and material issues and
matters.
(f)
Chevron shall hold Bell Butte and its .partners, officers,
agents and employees harmless from and indemnify and
(h)
(i)
(j)
0 :9,9a4
..177-
defend them, and each of them, against (a) any and all
damages, claims, costs and expenses resulting from
Chevron's failure to comply with said Federal, State and
local Laws, ordinances and enactments and rules,
regulations, and orders set forth in preceding Paragraph
(e) above; and (b) any and all damages, claims, demands
costs and expenses arising out of damage to livestock and
property or injury to or death of Chevron's employees or
any other person(s) whomsoever, where such injury, death
or damage arises out of, results from, or is in any way
connected with Chevron's rights and operations under this
Agreement.
Chevron shall indemnify and hold Bell Butte free and
harmless from and against any and all claims and liens
upon the premises for labor or materials furnished to
Chevron; its agents, or contractors and shall take all
necessary actions to forthwith remove such liens from all
public records or otherwise, as requested by Bell Butte.
All gates shall be left closed, and in those instances
where said premises shall cross existing fence lines,
cattle guards shall be installed by Chevron in accordance
with specifications agreed to by the parties.
Ail operations hereunder shall be conducted by Chevron in
a fair and reasonable manner, and all necessary
precautions shall be taken to avoid damage to gates,
bridges, culverts, cattle guards, fences, dikes and other
stock watering facilities. All damage to the above-named
facilities shall be immediately reported to Bell Butte
and shall be forth with repaired by Chevron, as nearly as
possible to the condition existing prior to such
operations. Any public hazard, such as damaged bridges
or culverts, caused by Chevron's use of the premises,
shall be marked or barricaded, and proper steps taken for
the repair thereof by Chevron; and
Chevron shall not have the right to fence the whole or
any part of the premises included in this Agreement,
without the written consent of Bell Butte being first had
and obtained.
8
(k) Chevron shall take reasonable steps to control all
infestation of noxious weeds on the subject premises
caused or aggravated by Chevron's activities hereunder.
(1) Chevron will take reasonable steps to not permit any dogs
or other animals to be kept in the area which could cause
any death or damage to livestock grazing on, near or
around said premises.
(m) Chevron will take reasonable steps to inform its
employees, agents, and contractors of the presence of
livestock on, near and around the premises and of the
need for caution when livestock are present.
10. Upon the final termination of this Agreement for any
cause or reason, or upon Chevron's release or surrender of a
portion of said premises, Chevron, at its sole cos5 and expense,
shall surrender the entire premises, or released portion of said
premises, as the case may be, to Bell Butte and shall leave said
premises in a condition which complies with all laws, including
applicable environmental laws, and all other lawful regulations and
orders; and the entire or released portion of said premises will be
restored and reseeded by Chevron, as soon as conditions permit, the
reseeding to be done by drilling with a drill equipped with a depth
regulator, to assure even depth of planting. Seeding will be done
during the months of September and/or October, or at such other
time as agreed between the parties. The seeding shall be repeated
until a stand is obtained that is reasonably satisfactory to Bell
Butte. All such restoration and reseeding is to be completed by
-. 179
Chevron in a timely manner using specifications designated by Bell
Butte.
Upon the final termination of this Agreement from any cause or
reason, and upon Chevron's release of a portion of said premises,
Chevron shall also forthwith prepare, execute, acknowledge and
deliver to Bell Butte for its approval such document for recording
with the proper County Recorder by Chevron, as the case may be, as
will fully release and terminate all of Chevron's rights hereunder
or all of Chevron's rights hereunder with respect to a released
portion of said premises.
11. This Agreement is made upon the condition that Chevron
shall perform all the covenants and agreements herein set forth to
be performed by it, and if at any time there shall be any default
on the part of Chevron hereunder, this Agreement
terminate, except as hereinafter provided to-wit:
(a)
(b)
shall not
In the event Chevron shall default in the payment of any
annual rental payment promptly on the date when the same
shall become due and owing hereunder, and Chevron shall
fail to pay the same to Bell Butte within twenty (20)
days after written notice of such default being given by
Bell Butte to Chevron at its address above set forth; or
In the event Chevron shall default in the performance of
any other covenant and agreement hereunder on its part to
be kept and performed, and if Chevron shall fail to cure
such default or to commence steps reasonably designed to
cure such default within thirty (30) days after written
notice of such default being given by Bell Butte to
Chevron at its address above set forth, or after weather
180
and soil conditions first permit repair, if the default
be of such a nature,
then and in such event, or events, this Agreement at the option of
Bell Butte, shall forthwith terminate and end and cease to exist,
and the subject premises shall revert to Bell Butte; provided,
however, such termination shall not release Chevron from all
covenants, agreements and obligations hereunder on its part to be
kept and performed at the time of such termination, including,
without limitation, the provisions of Paragraphs 10 and 17 of this
Agreement, or Bell Butte's right of specific performance with
respect to such accrued obligations as hereinafter provided under
Paragraph 12 hereof, and all of such covenants, agreements and
obligations shall all survive the termination of this Agreement for
any cause or reason until fully performed by Chevron in all
respects.
12. In addition, the parties also agree that this Agreement
is specifically enforceable' and in the event of Chevron's default
with respect to any of the covenants and agreements hereunder on
its part to be kept and performed, Chevron shall pay to Bell Butte
all costs and expenses of specifically enforcing this Agreement, or
in pursuing any remedy provided hereunder or by the statutes of the
State of Wyoming, whether such remedy is pursued by filing suit or
otherwise, including a reasonable attorney's fee.
11
13. This Agreement does not in any manner constitute a
conveyance of any title, interest or estate in and to any part of
said premises, but the rights herein granted to Chevron are in the
nature of a license, only, and shall not ripen into an easement of
any kind or nature.
14. Chevron shall have n~nety (90) days after the termination
of this Agreement to remove all of its personal property, if any,
from said premises.
15. Chevron shall not have the right to use, and shall not
take and use, any water from said premises above described during
the entire life of this Agreement without the written consent of
Bell Butte being first had and obtained.
16. Notwithstanding anything contained herein to the
· contrary, this Agreement shall forthwith terminate and end upon
said premises no longer being required for the purposes aforesaid
by Chevron.
17. This Agreement shall be recorded by Chevron ~n the
records of the Lincoln County Clerk and Recorder, Kemmerer,
Wyoming, and a copy of said Agreement showing the recording date
thereon furnished to Bell Butte on or before June 15, 2004.
18. Subject to the provisions of Paragraph 6 above, the
terms, conditions, and provisions of this Agreement shall be
12.
bindin9 upon and -inure to the benefit of the parties hereto and
their successors and assigns.
19. Any nOtice contemplated to be given to Chevron or Bell
Butte shall be in writing and shall be mailed in the United States
Mail, Registered or Certified Mail, Return Receipt Requested, at
the addresses of Chevron and Bell Butte above set forth in the
first paragraph hereof, and shall be effective and complete upon
the date of posting and mailing.
20. This instrument covers the entire agreement between the
parties, and no representation or statements, verbal or written
have been made modifying, adding to, or changing the terms of this
Agreement.
21. Time ~is of the essence of this Agreement, and of each of
the terms and conditions hereof.
22. No waiver by either party of any breach or default by the
other party on any occasion, and no election by either party to
exercise or forego any right or remedy hereunder or relating hereto
on any occasion, shall be deemed to be a waiver of any other breach
or default or to be an election to pursue or forego any right or
remedy on any other occasion.
23. This Agreement shall be governed by the' laws and
jurisdiction of the State of Wyoming.
J 83
IN WITNESS HEREOF, the parties have executed this Agreement as
of this -~/~day of ~ , 2004, but effective as of the
day and year first above written.
~Tax Identification No.:
87-0424682
Bell Butte:
Bell Butte Livestock Grazing
Partnership, a Limited Partnership
Its Managing General Partner
CHEVRON:
Chevron U.S.A. Inc.
14
STATE OF UTAH )
COUNTY OF LAK4~ )
The foregoing instrument.~ was acknowledged before me this
, day of d~~ , 2004, by SIMEON WESTON
Managing General Partner of Bell Butte Livestock Grazing
Partnership, a Limited Partnership, on behalf of said Limited
Partnership.
[~'---WITNESS--~ , 'EDmvWARD ~ hand~M. 8__~d~,land official s~al.
I
[~ , ~~-~._! NOTARY PUBLIC
Residing at Salt Lake City, Utah
My Commission expires:
STATE OF T~s )
) ss
COUNTY OF HQrr'l£ )
Before me, the undersigned authority, a Notary Public in and
for said County, personally appeared NI.~.Dc~r~ to
me personally known, who being by me duly sworn did say that he,
with the capacity designated by his signature on the document to
which this certificate is attached, is an officer or agent, of
Chevron U.S.A. Inc., a corporation organized and existing under and
by virtue of the laws of the State of PA , and that he as such
officer or agent and in such capacity being authorized by its
Bylaws and /or Board of Directors so to do, signed, sealed,
executed and acknowledged before me the foregoing instrument on
behalf of said Corporation as his voluntary act and deed and the
voluntary act and deed of said Corporation for the uses, purposes
and consideration therein expressed and contained by signing the
name of the Corporation by him as such officer or agent and that
the seal, if any, affixed to said instrument is the Corporate seal
of said Corporation, and he further acknowledges to me that said
Corporation executed the same.
15
· ,...-'. 185
IN WITNESS WHEREOF, I have hereunto set my official signature
and affixed my notarial seal of office on this the Z~5~ day of
AP~ , 2004.
I[ ?~ff'.' [ MY COMMISSION EXPIRES
][ '.,:~,......:~, .' st 11, 2006
....
My Commission Expires:
tay Public
c:\data\Bell Butte\chev\accessrd,agt04
16
~ 2-20M WELL
SECTION 20
T19N, R119W
I
r
OWNER:
BELL BUTTE
GRAZING
Sl/2 SWl/4 & thc
SWl/4 SEll4
of Section 20)
180
i, 1-20M WEI'L
.' $89 20'29"E_ -~,...2646 62' · S, 8,9°27'~)'4"E, 2638.85' Found
~z~456' P.O.B~ '" ~ , ~'~'"'~ ~ ~1909GLO
~ 1/4
.... ~ .4-29M WELL arassCap
~ (lypi~l)
Certificate of Surveyor
State of Wyoming )
County of Uinta ) ss
'1, S/anion G. Taggart, of Wasatch Surveying
Associates, LL.C., hereby state that I am by
occupation a Professional Land Surveyor employed
by ChevronTexaco to make the survey of the tract
described and shown on this plat; that the survey of
said works was made under my supervision and
authority and that such survey is accurately
represented hereon.
Legal Description
A tract of land located in the SE 1/4 SWl/4 of Section 20, T19N, R 119W, §Ih
P.M., Lincoln County, Wyoming, said Iracl being 50.00 feet wide, 25.00 feel on
each side of the follovv~ng described centedthe:
Commencing at the Southwes! comer of said Section 20, thence S 89°20'29' E,
1784.56 feet along the South line thereof to the Point Of Beginning:
thence N 52"07'31" W, 169.22 feet to the point of curvature of a curve concave
to the Southwest having a radius of 150.00 feet;
thence Northwesterly 60.68 feet along the arc of said curve through a cenlral
angle of 23"10'46', ~he long chord of which beam N 63"42'54" W, 60.27 feet to
the point of tangency:
thence N 75"18'17' W, 119.37 feet to the Point Of Ending, said point lying on an
existing improved road.
Said centedine being 349.27 feet or 21.168 rods, more or less, in length.
The sidelines of said Irec! are lo begin and end upon the same line the centerline
begins and ends upon.
Map S~o{/ving
Chevron USA Inc~/"
Federal 4-29M Well
Access Road
across the SE1/4 SE1~4
of Section 20,
T19N, Rl19W, 6th P.M.
Lincoln County, Wyoming
906 Main Street
Evanston. Wyoming 82930
Phone No. (307) 78g-4545
Project No. 03-06.07 Date: 01/21/04
THAANY CHANGE, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION
WILL ACT TO VOID ANY WARRANTY OR RESPONSIBILITY, EXPRESS OR IMPLIED,
T I MAY HAVE TOWARDS THE SUBJECT PROPERTY.
I
SECTION 2O
T19N, R119W
I
! BELL BUTTE ! I
/ ORAZ~NO / I
, !(Sl/2 SWl/4 & the
! 2-20~ WELL ! SW1/4 SE1/4 / I
:? ", . ".-, I~°, Section 20) ,,,)
/f"' 1701~1WE't~ r- C.__. ESCAPE ROAD,
1/4 .; ,~,
' " 4-29MWEEE".
Certificate of Surveyor
State of Wyoming )
County of Uinta ) ss
I, Stanton G. Taggert, of Wasatch Surveying
Associates, L.L.C., hereby state that I am by
occupation a Professional Land Surveyor employed
by ChevronTexaco to make the survey of the tract
described and shown on this plat; that the survey of
said works was made under my supervision and
authority and that such survey is accurately
represented hereon.
· ANY CHANGE, ADDITION OR DELETION OF ANY PART OF THIS DESCRIPTION
~ WILL ACT TO VOiD ANy WANR,a~Ty OR RESPONSIBILITY. EXPRESS OR IMPLIED,
'~T I MAY HAVE TOWARDS THE SUBJECT PROPERTY.
Found
1909 GLO
Brass Cap
(lypical)
Legal Description
A b'act of land located in the 5E1/4 SW1/4 and the SW1/4 SEI/4 of Section 20,
T19N, R119W. 6th P.M.. Lincoln County, Wyoming, said tract being 50.00 feet
wide, 25.00 feet on each side of the following described centefllne:
Commencing at the Southwest comer of sald Section 20, thence S 89°20'29' E.
1479.65 feet along the South line thereof,' thence N 00°39'31- E, 157.37 feet to
the Point Of Beginning, said point fying on an existing Improved road;
thence N 77°35'28- E, 217.31 feet, thence N 63°12'34" E. 283.98 feet;
thence N 68°40'06- E, 237.79 feet; thence N 76°22'23" E. 305.60 feet;
thence N 87°59'26" E, 228.14 feet; thence S 83°19'32" E, 94.64'feet;
thence N 88°54'37- E, 184.03 feet: thence N 80°09'15" E, 307.02 feet:
thence N 88°59'57· E, 229.03 feet; thence S 57°56'23' E, 165.78 feet;
thence S 63"53'57" E, 193.20 feet; thence S 19°56'39" E, 126.06 feet;
thence S 54°51'37" E, 129.27 feet, more or less, to the Point Of Ending, said
point lying on the East line of said SW1/4 SE1/4 of Sect/on 20.
Sald ce. ntarline being 270 t.88 feet or 163.750 rods, more or less. in length.
The sidelines of saM tract are to begin and end upon the same line the contadina
begins and ends upon. , . .
-EX'B"B "---.,
Map Showing ~¢1~
Chevron USA Inc...'""
Federal 4-29M W~ll
Escape Road
across the SE'I~4 SW1/4 & the
SE1~4 SE1~4, Section 20,
T19N, R119W, 6th P.M.
Lincoln County, Wyoming
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 03-06-07 Date: 01/21104