HomeMy WebLinkAbout900153,LIt4OOLI',I COLIlq'f¥ OLERK
ROAD EASEIVII~NT AND ACCESS(~,&p,R.I~E~/~'A~;~
THIS AG'~EMENT, made and entered into
2004, by and between WESTERN WYOMING RANGE LIMITED PARTNERSHIP, an
undivided 80.43478% owner, a Wyoming limited partnersbip, hereinafter called "Western
Wyoming," whose address is P.O Box 336, Lyman, Wyoming 82937, and BROADBENT
LAND AND RESOURCES, LLC, a Utah Li~nited Liability Company, an undivided 19.56522%
owner, hereinafter called "Broadbent," whose address is P0 Box 734, Evanston, Wyoming
82931. and KERN R1VEf. t GAS TRANSMISSION COIvIPANY, a Texas general partnership,
whose mailing address is 2755 E: Cottonwood Parkway, Suite 300, Salt Lake City, UT 8412'1,
hereinafter called '"Kern,"
WlTNESS ETH:
WHEREAS, WeStern Wyoming and Broadbeltt arc the owners of the surl'ace and surl'ace
rights in and to tile f'ollowi,!:g described lands situate in Lincoln Co'unty, Wyonfing, to-wit:
Nl/2 N;12 of Section 11, Township 20 North, Range 115 West
'LO
WHEREAS, Kem'l'.~as an interest in an interstate natural gas pipeline or pipelines located
in Lincoln Count), Wyoin(r~g, and,
WHEREAS, Kern needg access to said pipelines over and across the surf'ace o1' hmds
owned by Western Wyoming and Broadbent, which access will transverse approximately 140
rods of road and.
WHEREAS, Western Wyoming and Broadbent are willing to execute and enter into a
permanent road easemen' and a. permanent access agreement with Kern under tile terms and
conditions hereinafter expressed:
NOW THEREFOI~E, IT IS
Parties as tbllows:
HEREBY
00001,53 ,- 819
understood and agreed by and between the
That for tile sum of,'Ten Dollars ($10.00) and other good and valuable consideralion,
receipt of which is hereby acknowledged, Western Wyoming and Broadbent do hereby grant and
convey to Kern a private pelmanent easement across lhe lands described on Exhibit "A" attached
hereto and incorporated herein by this reference for the purpose of enabling Kern to construct
and maintain tu~ 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 located upon :file above ground when the eascmen! was originally granted.
II.
It is understood ti:at Kern agrees to pay Western Wyoming and Broadhent tile
considerations previously s~.ated for a private easement t~ l~c used by Kern, its agents, servams,
employees, m~d successors~in interest 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, Westerr Wyo'ming and Broadbent agree that Kern shall not have to fence fl~e
sides of said access road, ~and it is understood that the sides of~ said access road shall not be
fenced at any time without'llm written consen! of Western Wyoming and Broadbent first had and
obtai~ned.
1II.
It is expressly understood that said roadway shall not exceed twenty (20) feet iu width
plus barrow pit, and that Kern shall use the roadway as now existing and that said roadway shall
not be changed wi,/hout written pemfission of Western Wyoming and Broadbent first had and
obtained.
8°0
09001,.'53 iv
In consideration o_¢th¢ grant of the easement aforesaid, Kern agrees as £ollows:
(I) In addition to the consideration paid by Kern to Western Wyoming and Broadbent as
hereinabove indicated, I,Ser~ likewise shall be responsible for and pay all damages incurred by
Western Wyoming and Brordbent by way of danmge to livestock owned by Western Wyoming's
partners, Broadbent or their respective lessees when said damage is caused by Kern.
(2) Kern shall, at its expense, protect the roadway fi'om sur£ace erosion and will control
all State of. 'Wyoming listed noxious weeds and poisonoas plants within the disturbed area of the
easement.
(3) Ken] sbatl at its expense construct approaches fi'om the access road to all trail roads
leading therefrom. St, ch approaches to be constructed in such a manner thai motor vehicles may
use the same in the ordinary course o17 travel to and fi-om the main roads. In the event the access
road tiereinabove describet is abandoned, all or any portion of the road shall, at the optio'n of
Western Wyoming and Brc. adbent, be left in their then existing condition or said easement shall
be rehabilitated by filling the barrow areas and leveling the easement to the existing contour of
the land and then reseeded .~t tile rate of 15 lbs/acre when drilled and 30 Mbs/acre when broadcast
with the following mixlure.
Lbs Seed/Acre
3 lbs/acre
3 lbs/acre
3 lbs/acre
3 lbs/acre
3 lbs/acre
~Common 'Name
Western Wheatgrass
Indian Ricegrass
Thickspike Wheatgrass
Salt Sage
Founving Saltbrush
Scientific Nmne
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Atriplex gardeneri
Atriplex canescens
Kern agrees to seed the easement as many times as required so as to obtain a successful
stand of' native grasses throughout the entire easement. Only seed certified to be 95 percent pure
and with a germination percentage of 85 percent will be used. Kern will fim~isb the certification
to Western Wyoming and Broadbent prior to the seeding operation.
0:9001.5:3 v.
,. -821
It is understood fl~at this easement shall be a private casement only in fiwor of Kern and
its servants, employees, agents anti contractors, and that Kern shall not have tile right to enter
into any agreement with third parties relative to the use of said road without the prior written,
mulual consent of Western Wyoming and Broadbent.
VI.
Western Wyoming and Broadbe:nt reserve the right ['or themselves and their employees,
servants, parmers, lessees, invitees and agents to use said roadway without charge.
VII.
Kern agrees lo use its best efforts to control tile speed over said access road so as to
protect the livesloc'k that may be in the area, and to keep the roadway and the approaches thereto
reasonably free fi-mn litter and debris.
VIII.
Kern, lis successors'or assigns, shall indemnify and hold hannless Western Wyoming and
Bmadbent, flmir directorS, Officers, agents, parmers, lessees and employees against and from any
and all liability; losS, damage, claims, demands, costs, and expenses of whatsoever nature,
including court costs and ::ttorney's fees, which may result fi'om injury to or death of persons
whomsoever, or against and fi'om damage to or loss or destruction of property whatsoever, when
such injury, death, loss, de;truction or damage is due or arises because of the use or occupancy
of the premises by Kern River.
IX.
Kern slia'll give Western Wyoming and Broadbent prior written notice of any
arch¢ological and/or historic~:l smweys which Kern or its agents, servants, employees, contractors
and subcontractors complete and/or ~perform on the premises identified on Exhibit "^" and any
results obtained in such storey shall be submitted to Western Wyoming and Broadbent. Any
artifacts or other property found by Kern, its agents, servants, employees, contractors or
subcontractors Shall be ir:mediately preserved and dcli¥¢red 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 undersigned, their respective heirs, successors, and assigns;
provided, however, that in the event Kern shall notify' Western Wyoming and Broadbent in
writing of its intention to ac~andon said road, or shall fail 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 assigt!s shall have no further rights herem~der.
IN WITNESS WHEKEOF, the parties have executed this document on the dates set forth
below.
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
By: WESTERN WYOM1-NG OPERATING,
1NC., Its' General Partner
By:
Date Vice-President
ATTEST:
Secretary
OD O Ld i
Ray~ S. 13~rro*t'p''- - ~/~' ':~ _t;' dbent, l~anagir~g Nlgember
Date
KERN RIVER GAS TRANSMISSION COMPANY
David W.Dormelly, .~ttomey-in-Ffi~f
STATE OF WYOMING
COUNTY OF UINTA
On this__ day of ,2004, before me personally appeared D. Jud
Redden and Carl Larson, to ~ne personally known, who being by me duly sworn, did say that
they are the Vice Presiden~t and Secretary, of the Western Wyoming Operating, Inc., general
partner, and that the seal af"Sxed 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. J.~d Redden and Carl Larson acknowledged said instrument to be the
free act and deed of said co;poration.
My Commission Expires:
Notary Public
STATE OF t.oy~m/~'= )
coum"¥ OF t.t~.-~S--/'p, ) ......
. '. ~,~ ,';
The foregoing instrument was acknowledged belbre me ~ Ra~ S.'~roadbE~t,
General Partner of Broadbent Land Company, this ~ day of ~ ~ ~ ~ . ' '.;',20~..~.
,, ,..,, ,,
~ // Notary Public
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STATE OF
COUNTY OF ~a./~ O~J¢.. )
On this ~ot,,,J. day cf k)A, ..q.,,/ ,2004, before rne personally appeared David
W. Dom~elly, to me personally known, who~eing by me duly sworn, did say that he/she is the
Attorney-in-Fact of Kern River Gas Transmission Company, a TeXas general partnership and
that said instrument was sim~ed on behalf of said co~oration by authority of its President and
deed of said cor~oratio~
My Commission Expires:
[ NOTARY PUBLi;?
JEANNE H. YOUNG
851 South 2200 Eater
8~lt Lake Cl~. Utah 8at0a
~ Comm~lon ~pl.~
May 7. 2006
ptiblic ~/- -/
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Access Road
Section 11, Twnshp 20 N, Rng 115 W
Lincoln County, WY