Loading...
HomeMy WebLinkAbout903337PLEASE RETURN TO: Utah Power Lisa Louder 1407 WN Temple Suite 310 Salt Lake City, Utah 84116 STATE OF WYOMING COUNTY OF LINCOLN POWER LINE RIGHT-OF-WAY RECEIVED LINCOLN COUNTY CLERK 9 0 3 3 3 7 0~,. OCT - ~ A?i I1: t, 5 KNOW ALL PERSONS BY TH ESE CPRESENTS:,-. ~ ~ ,. THIS EASEMENT, Made this 25th day of August, 2003, between ANADARKO LAND CORP., 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 right-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, along and under the surface of the land situate in ...... "" County of L~ncoln, State of Wyoming, described ~n Exhibit A, (hereinafter 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 granted. RESERVING, however, to Grantor, its successors and assigns, the right to construct at any and all times and to maintain roads, highways, pipelines and telephone, telegraph and electric power pole 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 and 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, pole 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 installations 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 officers, 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. .,.0837 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 supph'ed, 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 (301 days of the date of filing the same, and if Grantee shall fail to discharge such lien within such period, then Grai~tor 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 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 from 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. G~antee shall not assign 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 w~th the covenants and agreements contained herein. O838 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 granted 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 Internal 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 bothl IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Attorney- in-Fact, the day and year first herein written. ANADARKO LAND CORP. Its: ~tto rn e~/'~Tn- Fa ct STATE OF TEXAS COUNTY OF MONTGOMERY SS: ,/¢¢F/~ The foregoing instrument was acknowledqed /2//5-/--' ,2003, by ....~:~m/'~ ~ -/'~zt)¢',,;,'~ Co~:p. ~' - - before me this ~7_._.~ day of , Attorney-In-Fact of Anadarko Land WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public_)' EXHIBIT "A" 0839 A strip of land twenty-five feet (25') in width located in the Southeast Quarter (SEl/4 of Section Twenty-one (21), Resurve Township Twenty one (21) North, Ran e One H ) Fourteen (114) West of the Sixth (6t~) Princi-al" ....... -, · , - . g. undred and one halffeet (12 5'~ on each-'.-' ...... P,, ,.v~u~u.~an, LinC. din L;OUnt , W o - . · strip to be len thene'~ ~r shc~rt-~?~°-' [.ne ro~!owm, g described centerlin~Y~n,~Y~m~g~:.!..Y, mg tw. elve, g ...... ,, tu uegln and end on the D r.~nor.*; ..... '2"_'"","','-' ~Ju?nes Of said ,-e--,..~,~,u p,uperzy boundaries: Beginning at S.L. Station 36+42.15 which lies North 00003'32'' East a distance of 1051.08 feet from the Southeast corner of said Section 21; Thence Sou th 56028'03'' West a distance of 183.01 fee[ to P.I. Station 38+25.16; Thence South 42022'32'' West a distance of 153. 97 feet to P.I. Station 39+79.13; Thence South 45033'48'' West a distance of 69.67 fee to E.O.S Station 40+48.80 from which the Southeast Corner of said Section 21 bears South 21°10'19" East a distance of 844.46 feet. Said strip of land is 406.65 feet (24.646 rods) in length and contains an area of 0.23 acre, more or less. The basis of bearing for the above described centerline is North 00o03'32,, East from the Southeast Corner to the Northeast Corner of Section 21, T21N, R114W. 0840 1515 NINTH STREET, SUITE A ROCK SPRINGS, WYOMING 82901 PHONE: (307) 362-7519 FAX: (307) 362-7569 E-MAIL: mail~jfc-wyo, com Legal Description 22 August 2003 JFC File: 5591-02S Identification: Jonah Gas Gathering Company Opal Project - Powerline Feeder Right-of-way Section 21, T 21 N, R 114 W, 6th P.M., Lincoln County, Wyoming. Owner: Uinta Development A strip of land being 25 feet in width located in the Southeast Quarter ( SE ¼ ) of Section 21, Resurvey Township 21 North, Range 114 West of the Sixth Princj pal Meridian, Lincoln County, Wyoming and lying 12.5 feet each side of the following described centerline and the sidelines of said strip to be lengthened or shortened to begin and end on the perspective property boundaries: Beginning at S.L. Station 36+42.15 which lies North 00°03'32'' East a distance of 1,051.08 feet from the Southeast comer of said Section 21; Thence South 56o28'03'' West for a distance of 183.01 feet to P.I. Station 38+25.16; Thence South 42o22'32'' West for a distance of 153.97 feet to P.I. Station 39+79.13; Thence South 45o33'48'. West for a distance of 69.67 feet to E.O.S. Station 40+48.80 from which the Southeast comer of said Section 21 bears South 21 © 10'19" East a distance of 844.46 feet; The total length of described centerline is 406.65 feet, or 24.646 rods, or 0.077 miles. The basis of bearing for the above described centerline is North 00°03'32'' East from the Southeast comer to the Norhteast comer of Section 21, T21N, R114W. Gene ~46 gkkt~Adata~5591tak~docs~poweruinta, doc