HomeMy WebLinkAbout899249 BOOK___5_5~]~ p,~ gfi ~8-8 RECEIVED
LINCOt_N COUNTY CLERK
8 9 9~]~INE ~dqD POWE~f~ 13 ~'110:28
AGREEMENT
THZS AGREEMENT, is made and e~uered'znb'~-e~ect~ve bhe Zst day
of March, 200~, by and between BELL BUTTE GP~ZNG ~A~TNERSHZ?, A
LZMZTED PAR?NERSHZ~, whose address ±s % Mr. Edward M. Bown,
Attorney at ~aw, Z0Z5 Bast 3900 South, Salt Lake City, Dtah
8~Z2~(hereinafter referred bo as "Bell Butte") and Chevron U.S.A.
Znc, whose mailing address ±s ~. O. Box 36366, ~ouston, Texas ??236
(hereinafter referred to as "Chevron").
W Z TNB S SETH:
THAT WHEREAS, Bell Butte is the owner of the S~SWN and SW~SE~
of Section 20, Township 19 North, Range 119 West, 6th P.M.,
situated in Lincoln County, Wyoming; and
WHEREAS, Chevron has requested Bell Butte to grant to Chevron
the non-exclusive right to construct, install and maintain a
pipeline, and a powerline crossing certain portions of said S~SW~
and SW~SE~ of said Section 20, in connection with its oil and gas
drilling and producing operations in connection with the Chevron
Federal 4-29M Well in the N~/fNE~ of Section 29, Township 19 North,
Range 119 West, 6~n P.M., Lincoln County, Wyoming; and
WHEREAS, Bell Butte and Chevron desire to enter into this
Agreement ~n accordance with the terms and conditions hereinafter
set forth.
-' 189
HOW, ?HRRRPORR, 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 install and maintain one pipeline 50 feet wide and
2,228.05 feet or 135.033 rods in length crossing the S~SW~ and
SW~SE~ of said Section 20; and (b) to install and maintain one
powerline 10 feet wide and 2,411.82 feet or 146.171 rods in length
also crossing the S~SW~ and SW~SE~ of said Section 20; which
pipeline and powerline 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 the pipeline and powerline 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
use and enjoy the said premises as the r~.ghts 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 for the said pipeline, and powerline 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.
0S S24
· 191
5. Upon execution of this Agreement, Chevron shall pay to
Bell Butte, at its address above set forth, or at such other
address as Bell Butte may designate by written notice to Chevron,
the sum of $3,282.10, for the pipeline, and, the sum of $1,315.53,
for the powerline, and shall pay to Bell Butte the sum of
$1,641.09, for the pipeline and the sum of $657.76 for the
powerline subject to adjustment as herein after set forth, on or
before the 1st day of March, 2005, and shall pay like amounts 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 payments under this Agreement as to Chevron's
use of the Premises for additional one (1) license year periods
after the first license year:
Ra = $ 1,641.09 x Ia for the pipeline
Ib
Ra = $ 657.76 x Ia for the powerline
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 amounts
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
192
month of December immediately preceding the 1st day of
March of the applicable renewal year of adjustment.
%b 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 governmen5 index with which it is replaced
shall be used in order to obtain substansially the same results 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 sums to
be paid by Chevron to Bell Butte under this Paragraph 5, to extend
this Agreement as to said powerline and pipeline for the next
succeeding license year, shall be the sums 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.
0S S24
....
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 respect 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)
(b)
(c)
Ail reservations, limitations, and conditions of the
underlying Patents covering said premises and the rights
of any party, or parties pursuant thereto;
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;
Ail 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)
,.:, 194
The right of Bell Butte to graze, or authorize the
grazxng of livestock on, near or around said premises;
and the rxghts 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
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 as fencing or reservoirs, etc.,
if any, within the premises, will not be disturbed; or,
where disturbance is necessary, Chevron shall leave such
improvements 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
operaticns, 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)
(f)
(9)
(h)
(i)
195
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 maingenance
of the premises and operations under this Agreement,
including, but withoug limigation, environmental, water,
noise and air pollution control, erosion control, toxic
waste, hazardous substances and material issues and
matters.
Chevron shall hold Bell Butte and its partners, officers,
agents and employees harmless from and indemnify and
defend them, and each of them, against (a) any and all
damages, claims, costs and expenses resultin9 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.
Ail gates shall be left closed, and in those instances
where said premises shall cross existing fence lines,
cattle guards shall be insgalled 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 immediagely reported to Bell Butte
and shall be forth with repaired by Chevron, as nearly as
possible to the condition existing prior to such
8
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
j)
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.
(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 and surrender of a
portion of said premises, Chevron, at its sole cost 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
entire or released portion of premises in a condition which
complies with all laws, including applicable environmental laws,
and all other lawful regulations and orders; and the said 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
9
197
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 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 shall not
terminate, except as hereinafter provided to-wit:
(a) 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)
10
198
days after written notice of such default being given by
Bell Butte to Chevron at its address above set forth; or
(b)
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
and soil conditions first permit repair, if the default
be of such a nature,
then and in such event, or evenns, 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
11
0 9249 199
its part to be kept and performed, Chevron shall pay to Bell Butte
all costs and expenses of specifically enforcin9 this Agreement, or
in pursuing any remedy provided hereunder or by the statutes of the
State of Nyoming, whether such remedy is pursued by filing suit or
otherwise, includin9 a reasonable attorney's fee.
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 9ranted 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 ninety (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. Notwithstandin9 anything conEained 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
records of the Lincoln
shall be recorded by Chevron in the
County Clerk and Recorder, Kemmerer,
12
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
binding 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 sha~l 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
13
or default or to be an election to pursue or forego any right or
remedy on any other occasion.
23. This Agreement shall be
jurisdiction of the State of Wyoming.
governed by the laws and
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.:
Bell Butte:
87-0424682
Bell Butte Livestock Grazing
Partnership, a Limited Partnership
Its Managing General Partner
CHEVRON:
Chevron U.S.A. Inc.
c:\dana\Bell Buttelchev\pipe&powerline.agr
14
STATE OF UTAH )
) SS
COUNTY OF ~~ ) ~__,~~
Th~ foregoing instrument ~as acknowledged before me this
~ , day of ~ , 2004, by SIMEON WESTON,
Managing General Partner of Bell Butte Livestock Grazing
Partnership, a Limited Partnership, on behalf of said Limited
Partnership.
WITNESS my hand and official seal.
NOTARY PUBLIC
Residing at Salt Lake City, Utah
STATE OF '-[-e,,c~$ )
) SS
COUNTY OF ~r'~$ )
Before me, the undersigned authority, a Notary Public in and
for said County, personally appeared M.K. 0f~eff~ 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
..-~ 20o,.,
08~:924~
IN WITNESS WHEREOF, I have hereunto set my official signature
and affixed my notarial seal of office on this the Z{$~ day of
A?~41
, 2004.
MY COMMISSION EXPIRES II
Public
My Commission Expires:
c: \data'%Bel 1 But[e\chev\pipe&powerl ine. agr
16
OWNER:
BELL BUTTE
GRAZING
Sl/2 SWl/4 & the
SWl/4 SEl/4
of Section 20)
SECTION 20
T19N, R119W
2~20tt~ WELL
1-20M WI~LL ~'~' %~'
ii .., ¢' ' ~¢ ~:
S89~20'29"E, 2646.62' '~' 1/4~
/- ¢.__ JPIPELINE
P.O.E.''x S89°27~2~."E, 2638.fl5'
......... WELL
,.04
Found
1909 GLO
Brass Cap
(typical)
Certificate of Surveyor
State of Wyoming )
County of Uinta ) ss
I, Stanton G. Taggart, of Wasatch Surveying
Associates, L.LC., 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
.HA WILL ACT TO VOiD ANY WARRANTY OR RESPONSIBILITY. EXPRESS OR IMPLIED,
T I MAY HAVE TOWARDS THE SUBJECT PROPERTY.
Legal Description
A tract of land located In the SWl/4 and the SWll4 $El/4 of Section 20, T19N.
R119W, 6th P.M.. Lincoln County, Wyom/ng, said tract being 50.00 feet wide,
25.00 feet on each side of the following descr/bed centedine:
Commencing al the Southwest comer of said Section 20. thence S 89°20'2g' E,
1324.37 feet along the South line thereof*, thence N 0°39'31- E, 483.67 feet to
the Point Of Beginning;
thence S 20°25'47' E, J40.48 feet: thence S 59°31'26" E, 264.64 feet:
thence S 81°31'~8' E. 75g.74 feet: thence S 88°53'56'' E, 919.70 feet:
thence S 39°5 ~'23' E, 143.4g feet to the Point Of Ending.
Said cenledlne being 2228.05 feet or 135.033 rods, more or less, in length.
The sidelines of said tract are to begin and arid upoq the same line the centedlne
Map Showing
Chevron USA In~.
Federal 4-29M Well
Pipeline
across the
SW'I/4 & the SW1/4 SE1/4
of Section 20,
T19N, Rl l9W, 6th P.M.
Lincoln County, Wyoming
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 03-06-07 Date: 03/03/04
205
NO"
I
SECTION 20
T19N, R119W I
. I I
OWNER:
BELL BUTTE
GRAZING
Sl/2 SWl/4 & the
SWl/4 SEll4
?-., 2-20MWEEL of Section 20)
/7 ~-20M WELL
~'!' ;/.";~ ~"L.....,.'::, /- ¢p_ POW.~B~!~~
'3i"~ ~&~'~~;~¢ ' /'rs~'~'~"~,
S89"20'29"E '264~.62' ~1/4 P
........ ' ........... ' .... X; 4:~6M WELL
/
1981.04' · Found
2638.85' · 1909 GLO
Brass Cap
(typical)
Certificate of Surveyor
Slate of Wyoming )
County of Ulnta ) ss
I, Stanton G. Taggart, of Wasatch Surveying
Associates, L.L.C., hereby state thai I am by
occupalion 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 WARRANTY OR RESPONSIBILITY. EXPRESS OR IMPLIED,
THAT I MAY HAVE TOWARDS THE ~UBJEC T PROPERTY.
Legal Description
A tract of land located In the sW1/4 and the SW1/4 SE1/4 of Section 20, T1
R119W, 6th P.M., Lincoln County, Wyoming, said tract being 10.00 feet wide,
5.00 feet on each side of the following described contadina:
Commencing at the Southwest comer of said Section 20, thence S 89°20'29" E,
933.34 feet along the South line thereof;
thence N 0°39'31- E, 262.71 feet to the Point Of Beginning, sam point being an
existing power pole:
thence S 81°31'18' E, 1433.59 feet; thence S 88°53'56- E, 900.11 feet;
thence S 39°51'23· E, 78.12 feet to the Point Of Ending.
Said contadina being 2411.82 feet or 146.171 rods, more or lees, in length.
The sidelines of said tract are to begin and end upon the same line the contadina
begins and ends upon.
Chevron USA Inc.
Federal 4-29M Well
Powerline
across the
SW1/4 8, the SW1/4 SE1/4
of Section 20,
T19N, R119W, 6th P.M.
Lincoln County, Wyoming
VEYING
906 Main Street
Evanston, Wyoming 82930
Phone No. (307) 789-4545
Project No. 03-06-07 Date: 03/03/04