HomeMy WebLinkAbout900152 BO0~ 5.~ ~P-/,,Og.]"' '-8 .~ 0 RECEIVED
· LINCOLIq COUNTY CLERK
ROAD EASEMENT~,I~D ACCESS AGREEI~N[I~
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THIS AGR_EEMENT, made and entered into this ,~ ,..,ai.a~',~:F~.,!!,,!F_F~d_&y ~ ~'- CxO'f; :~y~ '~'' .... ., L,, ,
O'
2004, by and between W~,FE~ ~OM~G ~NGE L~IT~D P~T~RSH~, an
undivided 80.43478% owner,.a Wyoming limited partnership, hereinaRer called "Weste~
Wyoming;" whose address is P.O Box 336, Lyman, Wyoming 82937, and BRO~BENT
L~ COMP~ LIMITED PART~SH~, a Wyoming limited pa~nership, an undivided
19.~6522% owner, hereinaAer '¢Broadbent," whose address is P0 Box 734, Evanston, Wyoming
82931, and ~ ~ER GAS T~SMISSION COMPS, a Texas general padnership,
whose mailing address is 2755 E. Cottonwood Par~ay, Suite 300, Salt Lake City, UT 84121,
hereinaRer called
~,VITNESSETH:
WHEREAS, Western Wyoming and Broadbent are the owners of the surface and surface
rights in and to the following described lands situate in Lincoln County, Wyoming, to-wit:
NI/2Nl/2'ofSect~on" ' 11, Township 20 North, Range 115 West
WItEREAS, Kern has an interest in an interstate natural gas pipeline or pipelines located
in Lincoln County Wyoming, ar.d,
WHEREAS, Kern need.,; access to said pipelines over and across the surface of lands
owned by Western Wyoming a:'~d Broadbent, which access will transverse approximately 140
rods of road and,
WHEREAS, Western W'yo~ning and Broadbent are ~villing to execute and enter into a
permanent road easement and ~. permanent access agreement with Kern under the temps and
conditions hereinafter expressed'
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osoo;ts;d $11
NOW THEREFORE, IT IS HEREBY understood and agreed, by and between the
Parties. as follows:
That for the stun of Ten Dollars ($10.00) and other good and valuable consideration,
receipt of which is hereby acimowledged, Western Wyoming and Broadbent do hereby grant
and convey to Kern a private permanent easement across the lands described on Exhibit "A"
attached hereto and incorporated herein by this reference for the purpose of enabling Kern to
construct and maintain an access road to its interstate natural gas pipelines. Such road is to be
maintained by Kern. The considerations herein shall cover all damages caused by said access
road to growing crops locate~ upon the above ground when the easement was originally
granted.
II.
It is understood that Kern agrees to pay Western Wyoming and Broadbent the
considerations previously stateC for a private easement to be used by Kern, its agents, servants,
employees, and successors in ihterest for access to said facilities. Kern agrees to install cattle
guards at its expense at any point that said access road should cross an existing fence line;
provided however, Western Wy?ming and Broadbent agree that Kern shall not have to fence the
sides of said access road, and ;.t is understood that the sides of said access road shall not be
fenced at any time without the whtten consent of Western Wyoming and Broadbent first had
and obtained.
III.
It is expressly understood that said roadway shall not exceed twenty (20) feet in width
plus barrow pit, and that Kern skall use the roadway as now existing and that said roadway shall
not be changed without written permission of Western Wyoming and Broadbent first had and
obtained.
812
In consideration of the grant of the easement aforesaid, Kern agrees as follows:
(1) In addition to the coiisideration paid by Kern to Western Wyoming and Broadbent as
hereinabove indicated, Kern likewise shall be responsible for and pay all damages incurred by
Western Wyoming and Broadbent by way of damage to livestock owned by Western
Wyoming's partners, Broadbem or their respective lessees when said damage is caused by Kern.
(2) Kern shall, at its ex'pense, protect the roadway fi-om surface erosion and will control
all State of Wyoming listed noxious weeds and poisonous plants within the disturbed area of the
easement.
(3) Kern shall at its expense construct approaches from the access road to all trail roads
leading therefrom Such approaches to be constructed in snch a rammer that motor vehicles may
use the same in the ordinary co[~rse of travel to and from the main roads. In the event the access
road hereinabove described is abandoned, ali or any portion of the road shall, at the option of
Western Wyo~ning and Broadbent, be left in their then existing condition or said casement shall
be rehabilitated by filling the b,m-ow areas and leveling the easement to the.existing contour of
the land and then reseeded at the rate of 15
broadcast with the following mixture.
Lbs Seed/Acre
Common Name
3 lbs/acre
3 lbs/acre
3 lbs/acre
3 lbs/acre
3 lbs/acre
W'estern Wheatgrass
Indian Ricegrass
Ttiickspike Wheatgrass
S* It Sage
Fc, urwing Saltbrnsh
lbs/acre when drilled and 30 lbs/acre when
Scientific Name
Agq'opyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Atriplex gardened
Atfiplex canescens
Kern agrees to seed the easement as many times as required so as to obtain a successful
stand of native grasses tln-oughoat the entire easement. Only seed certified to be 95 percent pure
and with a germination percentage of 85 percent will be used. Kern will furnish the certification
to Western Wyoming and Broadbent prior to the seeding operation.
It is understood that this easement shall be a private easement only in favor of Kern and
its servants, employees, agents and contractors, and that Kern shall not have the right to enter
into any agreement with third 1: arties relative to the use of said road without the prior written,
mutual consent of Western Wyoming and Broadbent.
VI.
Western Wyoming and I!';roadbent reserve the right for themselves and their employees,
servants, partners, lessees and agents to use said roadway without charge..
VII.
Kern agrees to use its b:st efforts to control the speed over said access road so as to
protect the livestock that may he in the area, and to keep the roadway and the approaches thereto
reasonably free from litter and debris.
VIii.
Kern, its successors or as..;'igns, shall indemnify and hold harmless Western Wyoming
and Broadbent, their directors, officers, agents, partners, lessees and employees against and
from any and all liability, loss, damage, claims, demands, costs, and expenses of whatsoever
nature, including court costs and httorney's fees, Which may result from injury to or death of
persons whomsoever, or against and from damage to or loss or destruction of property
whatsoever, when such injury, death, loss, destruction or damage is due or arises because of the
use or occupancy of the premises by Kern River.
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08001.,q;
IX[.
Kern shall give Western Wyoming and Broadbent prior written notice of any archeologica{
and/or historical surveys whiclh Kern or its agents, servants, employees, contractors and subcontractors
compIete and/or perform on the premises identified on Exhibit "A" and any results obtained in such
survey shall be submitted to Western Wyoming and Broadbent. Any artifacts or other property found
by Kern, its agents, servants, c~'nploYees, contractors or subcontractors shall be immediately preserved
and delivered to Western Wyoming and Broadbent.
This agreement shall be a covenant running with the lands described above for the term hereof,
and shall be binding upon the .nndersigned, their respective heirs, successors, and assigns; provided,
however, that in the event Kern shall notify Western Wyolning and Broadbent in writing of its intention
to abandon said road, or shall fai' for a period of two years to engage in using the said access road, then
this agreement shall terminate and Kern and its successors in interest or assigns shall have no further
fights hereunder.
1N WITNESS WHEREOF, the parties have executed this document on the dates set forth
below.
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
BY: 'WESTERN WYOMING OPERATING,
1NC., Its' General Partner
By: b ~-"~ ~c~,.-
vice-President
0.900:1.5;8
· 815
BROADBENT LAND COMPANY
Date
By:
Raymond S. Broadbent, General Partner
Date
By:
Joseph S. Broadbent, General Partner
Date
By:
Colleen Broadbent Paddock, General Partner
Date
KERN RIVER GAS TRANSMISSION COMPANY
avid W.Donnelly, Attorney-in-Fact
/
STATE OF WYOMING )
COUNTY OF UINTA )
On this c,,°r)4q/day, of. __~'~~ , 2004, before me personally appeared D. Jud
Redden and Carl Larson, to me personally known, who being by me duly sworn, did say that
they are the Vice President and Secretary, of the Western Wyoming Operating, h~c., general
partner, and that the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was signed and sealed on behalf of said corporation by authority of its Board
of Directors and said D. Jud Redden and Carl Larson acknowledged said instrument to be the
/ ' l~l~iary Public
STATE OF )
)SS.
COUNTY OF )
The foregoing instmmem was acknowledged before me by Raymond S. Broadbent,
General Partner ofBroadbent Lan'd Company, this day of ,2004.
My Commission Expires:
Notary Public
8i6
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me by Joseph S. Broadbent, General
Partner of Broadbent Land Company, this day of ,2004.
My Comnfission Expires:
STATE OF
Notary Public
COUNTY' OF
,,)
The foregoing instrument was acknowledged before me by Colleen Broadbent Paddock,
General Partner of Broadbent Land Company, this day of ,2004.
My Commission Expires:
Notary Public
STATE OF ~'4~ ~ )
)SS.
COUNTY OF ~.~4~ /,.~{~:~_ )
On this ~'~' day of ~'~_ 2004, before me personally appeared David W.
Do~elly, to me personally know~, who being by me duly sworn, did say that he/she is the Attorney-
in-Fact of Kern River Gas Transmission Company, a Texas general pa~nevship and that said
instrument was .si~ed on behalf of said co~oration by authority of its President and said
~ ~" bo~e[~. ~ ac~owledged said instrument to the free act and deed of
said co~oration.
My Commission Expires:
Not~rfPublic --
STEPHAN R. KNUBEL !
7
20 N
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Access Road
Section 11, Twnshp 20 N, Rng 115 W
Lincoln Counly, WY
Miles