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HomeMy WebLinkAbout903741 t:,E .JEtVED "" :"~ COLINTY CLERK RNV#L-0654764 GRANT OF PIPELINE EASEMENT~:;'. -,, .... ,...~,.,~ THE STATE OF WYOMING § COUNTY OF LINCOLN § KNOW ALL MEN BY THESE PRESENTS: THAT, EXXON MOBIL CORPORATION, a New Jersey corporation, whose address is P. O. Box 4697, Houston, Texas, 77210-4697, hereinafter called "Grantor" or "ExxonMobil," for an(: in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable considerations in hand paid to it by Mountain Gas Resources, Inc_., a Delaware corporation whose address is 1099 18'" Street, Suite 1200, Denver, Colorado 80202, hereinafter called "Grantee," the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, and CONVEY unto the said Grantee a right-of-way and easement, hereinafter referred to as "Pipeline Easement," for the purpose of laying, constructing, maintaining, operating, replacing, and removing a single pipeline, four inches (4") in diameter (Said Pipeline), as well as a second section of Pipe, buried to Grantors depth requirements for Said Pipeline, and spanning only the 40 feet described below (Connection Pipe), for the transportation of natural gas on, over, and across the following described lands ("the lands") in Lincoln County, Wyoming, to wit: Pipeline Easement described on Exhibit "A" attached hereto The Connection Pipe shall be capped and/or valved at both ends above ground level and each end shall be properly pipe barricaded to reduce the risk of injury to personnel and/or damage to property. Grantee agrees that Grantor must mutually agree to the construction design of the pipe barricading prior to placement. Said Pipeline shall be constructed to a minimum depth of forty eight inches (48") below ground level, including 48" below the bottom of any ditches or culverts overlying Said Pipeline, outside the boundaries of ExxonMobil's currently operated pipeline corridor located on the lands. Said Pipeline shall be constructed within a fifty foot (50') wide, non-exclusive right-of-way as described in Exhibit "A", together with the right of ingress and egress along said right-of-way and easement for all purposes incident to said grant. Grantee shall have the right to lay an additional pipeline within the corridor granted under this easement, pursuant to the provisions of this agreement, and agrees to pay to Grantor an additional consideration to be determined, but in no event less than paid by Grantee for this Pipeline Easement, to tie into the Connection Pipe if in Grantees determination a future need arises for a second pipeline. Grantees rights for an additional pipeline as discussed herein shall be subject to Grantors prior written consent, which may be withheld by Grantor if Grantor, in its sole discretion, determined that laying such additional line poses an unacceptable risk to health, safety and/or the environment. Grantee shall have the right to assign the Pipeline Easement. subject to Grantor's prior written consent. This grant will cross an existing ExxonMobil operated pipeline corridor within which lies a forty inch (40") CO2 gas pipeline, a 4" fuel gas pipeline, a 6" acid gas njection pipeline (AGI) and other electric and telecommunications cabling. As a requirement of this grant, Grantee agrees that the top of Said Pipeline will be buried below the ground surface to a minimum depth of eleven feet (11') at a point directly beneath ExxonMobil's CO2 line. Further, Grantee agrees that this depth will be maintained for a minimum distance of 40' to the north of said CO2 line. This will provide the minimum two-feet (2') between Said Pipeline and Grantor's existing and anticipated pipelines. In the event that Grantor, at its sole discretion, elects to place additional pipelines running parallel to its CO2 line, Grantee shall re-bury and thereby deepen Grantee's existing pipeline to a minimum depth necessary to meet the above referenced pipeline clearances at a point directly beneath Grantor's new pipeline(s) if built by Grantor. Grantor agrees that Grantee may submit an alternate proposal for the construction of~ Grantor's pipeline across this grant to try and eliminate the need to deepen Grantee's existing pipeline as required herein. In the event Grantor does not in its sole discretion agree with Grantee's plan Grantee shall deepening provision. 0"88 - be required to promptly comply with the Grantee also agrees that it will provide proper corrosion and cathodic protection to Said Pipeline, and, if it is laid, the Connection Pipe, Grantee will increase the wall-thickness of any pipeline installed under any road crossing to a minimum of 0.5 inches (0.5"). TO HAVE AND TO HOLD said Pipeline Easement unto Grantee for the purposes stated above, subject, however, to the following terms and conditions: 1. Grantor reserves the right, at its option, to terminate this easement upon six (6) months prior written notice to Grantee at any time that Grantee has neither used Grantee's facilities located in the easement nor exercised any of Grantee's other rights granted to Grantee 'hereunder for a continuous period of two (2) years immediately preceding the date of the termination notice, or upon Grantee's abandonment of its pipeline, whereupon Grantee's rights shall terminate and Grantee shall furnish Grantor an instrument in recordable form evidencing the release of the rights granted hereunder. 2. Grantor reserves the right to cross Grantee's pipelines with pipelines, roads, streets, railroads, drainage ditches or structures, water lines, sewer lines and other utilities or facilities, provided that subject to the later provisions hereof, .such use does not unreasonably interfere with rights of Grantee hereunder. 3. The rights granted herein are not exclusive, and Grantor reserves for itself, its successors and assigns the right to construct pipelines, cables, and other similar facilities and grant others the right to construct pipelines, cables, and other similar facilities parallel to and within the Pipeline Easement, provided such pipelines, cables, and other similar facilities do not unreasonably interfere with the rights granted hereunder, it being understood and agreed that no pipeline shall be constructed hereafter closer that ten feet (10') running parallel to Grantee's pipelines. 4. By its acceptanCe hereof, Grantee agrees to pay any damages to Grantor's improvements which may result from its acts or omissions, in laying, constructing, maintaining, operating, replacing, or removing said pipelines. 5. The pipeline constructed by Grantee hereunder shall be designed, constructed, tested, and operated in accordance with all applicable state and federal safety standards. Nothing contained herein shall relieve Grantee of any obligations to comply with present or subsequent valid rules and regulations promulgated by any governmental agency having jurisdiction which may require pipeline owners to alter, change or upgrade the pipelines to comply with said rules and regulations. 6. Grantee shall obtain all permits required to cross roads and other public and quasi- public rights-of-way or facilities that the pipeline route will traverse. 7. Grantee shall notify Grantor's surface lessee or tenant, if any, prior to entry upon the lands. Grantee shall keep all fences, if any, affected by its use of this easement intact and capable of turning cattle at all times and shall keep all gates closed and locked if appropriate. Grantee shall provide adequate alternative facilities for any fences, gates, roads or bridges that must be temporarily taken out of service to accommodate Grantee's construction or use of this easement. After commencing construction hereunder, Grantee will pursue the work diligently to effect prompt completion of the work. Following the construction of its pipeline, Grantee will restore fences, gates, roads, and bridges, and the surface of the land affected by the pipeline, including additional working room, as nearly as is practicable, to the condition that such land and any improvements existed prior to construction. If said cleanup and restoration is not accomplished within ninety (90) days from and after the backfilling of the pipeline ditch and performed in a manner satisfactory to Grantor or its designated representative, then, and in that event, Grantor shall have the right to enter upon the right-of-way and restore the surface at the expense of Grantee. 8. Grantee agrees to construct, maintain, operate, repair and remove its pipeline in a manner so as not to obstruct, impair or alter the drainage on lands adjoining the easement granted herein, and should Grantee become aware that such drainage on lands adjoining its easement is obstructed, impaired or altered as a result of its use of the easement, Grantee will immediately take action necessary to correct such drainage. 9. No valves or above-ground facilities will be installed without prior written approval of Grantor, its successors and assigns. 10. GRANTEE SHALL INDEMNIFY, DEFEND AND HOLD GRANTOR HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, DEMANDS, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, TYPE, AND CHARACTER ARISING OUT OF OR ASSOCIATED WITH THE RIGHTS GRANTED HEREIN, WHICH ARE ASSERTED BY ANY PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, GRANTOR'S AND GRANTEE'S EMPLOYEES FOR PERSONAL INJURY, DEATH OR LOSS OF OR DAMAGE TO PROPERTY RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTEE, EXCEPT TO THE EXTENT SUCH DAMAGE OR INJURY RESULTS FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR, ITS CONTRACTORS, AGENTS OR ASSIGNS. WHERE PERSONAL INJURY, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY IS THE RESULT OF JOINT NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR AND GRANTEE, GRANTEE'S DUTY OF INDEMNIFICATION SHALL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF SUCH JOINT NEGLIGENCE OR WILLFUL MISCONDUCT. FURTHER, GRANTEE HEREBY BINDS ITSELF, ITS SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FRoM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, LIABILITIES, COSTS, LOSSES, EXPENSES AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO REAL OR PERSONAL PROPERTY OR NATURAL RESOURCES, PERSONAL INJURY OR DEATH CLAIMS, AND PUBLIC OR PRIVATE CLAIMS OR DEMANDS FOR DIRECT PAYMENT OR REIMBURSEMENT OR INVESTIGATION, REMEDIATION AND GOVERNMENT OVERSIGHT COSTS, ARISING OUT OF, OR IN ANY WAY RELATED TO, THE PRESENCE OR RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS OR OTHER CONTAMINANTS AT OR ON GRANTOR'S PROPERTY DURING OR FOLLOWING THE WORK WHERE SUCH HAZARDOUS SUBSTANCES, POLLUTANTS OR .OTHER CONTAMINANTS MIGRATE OR ARE OTHERWISE TRANSPORTED OR RELEASED FROM GRANTEE'S EQUIPMENT OR FACILITIES, EXCEPT TO THE EXTENT THAT SUCH RELEASE IS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR, ITS CONTRACTORS, AGENTS OR ASSIGNS. WHERE SUCH RELEASE IS THE RESULT OF JOINT NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR AND GRANTEE, GRANTEE'S DUTY OF INDEMNIFICATION SHALL BE IN PROPORTION TO ITS ALLOCABLE SHARE OF SUCH JOINT NEGLIGENCE OR WILLFUL MISCONDUCT. 11. Upon the termination of this easement, Grantee, if directed to do so by Grantor, at Grantee's expense, shall remove promptly from Grantor's land the pipeline and other facilities and equipment, and thereafter restore such land to the condition existing before installation, to the extent reasonably practicable. Further, Grantee shall restore the land to whatever condition may be required under applicable environmental laws and regulations. The parties expressly agree that this obligation will continue until such corrective action or remediation is finalized and approved by appropriate governmental agencies or meets the standards required by such applicable environmental laws and regulations. Grantee's obligation under this Section 11 shall apply only to such restoration, remediation and corrective action necessitated by the property conditions resulting from or arising out of Grantee's exercise of the rights granted hereunder. 12. The term "Grantee" as used in this Section 12 shall be defined so as to include any employee, agent, representative, contractor or subcontractor of Grantee. Grantee shall not perform any work on Grantor's premises while under the influence of alcohol or any controlled substance. Grantee shall not use, possess, distribute, or sell alcoholic beverages, illicit or unprescribed controlled drugs, drug paraphernalia, or misuse legitimate prescription drugs while performing work on Grantor's premises. Grantee may be removed from Grantor's premises any time there is suspicion of alcohol/drug use, possession, distribution or impairment, or at anytime an incident occurs where drUg or alcohol use could have been a contributing factor. Any person removed from Grantor's premises may not, at the sole discretion of Grantor, be allowed to return. Grantee will comply with all applicable federal, state, and local drug and alcohol related laws and regulations (e.g., Department of Transportation regulations, Department of Defense Drug-Free Work Force Policy, Drug-Free Work Place Act of 1988). Grantee further agrees not to possess firearms, explosives, or weapons on or about, or while performing work upon, Grantor's premises without prior written authorization from Grantor. Persons suspected by Grantor of being in violation of this policy,' and regardless of whether such suspicion related to the possession of firearms, explosives, and/or weapons, may lie removed from Grantor's premises, and, in the sole discretion of Grantor, denied future entry. 13. This is not a conveyance of the land described herein or of the minerals herein and thereunder but grants only the rights provided above. The rights granted herein are expressly subject to all applicable, valid and existing laws, ordinances, regulations, easements, restrictions, rights-of-way, conditions, exceptions, reservations, and covenants of whatsoever nature either of record or evidenced by improvements on or upon the ground along said Pipeline Easement. 14. Grantee agrees to pay all ad valorem taxes assessed against its property placed within the Pipeline Easement'granted herein. 15. Within ninety'(90) days of the date Grantee has completed the installation of the new pipeline hereunder, and upon request of Grantor, Grantee shall file for record in Lincoln -3- { OC- O o9oa74:1. County, Wyominfl, an "as-Built" p~at prepared by a re§istered land surveyor showing the Precise location of the pipeline constructed hereunder. Said plat shall include a centerline description of the easement, the location of the pipelines within the easement, and such references to property corners, boundary markers, and section and/or survey lines as may be necessary for Grantor to locate the easement within the tract. 16. Each portion hereof is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. This grant is made without warranty of title, either express or implied. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and date evidenced by their certificates of acknowledgment hereof. EXXON MOBIL CORPO.~ TITLE Aflent and Attorney in Fact MOUNTAIN GAS RESOURCES, Inc. Mark R Perry TITLE: Attorney in Fact THE STATE OF TEXAS § COUNTY OF HARRIS § (~ . THIS INSTRUMENT was ack. nowledge.~d J:lefore me on the ~"~-~ day of z~""~¢¢((¢.~"" ,~, by ~_.~Xa ¢L,~4'{ ~, ~)~.: · ! (' , as Agent and Attorney in Fact for EX~XON MOBIL CORPORATION, a New Jersey corporation, on behalf of said corporation. Notary Public. State of Texas My Commission Expires THE STATE OF COLORADO § COUNTY OF DENVER § THIS INSTRUMENT was acknowledged before me on the /~''' ''~-'~ do~o~ ,. _~ ~-~' {:~//~, b~y Mark R. Perry, as Attorney in Fact for Mountain Gas Resources Inc., Delaware c p ation, on behalf of said Notary P~blic, State of f.~~ My Commission Expires 090 741. 0©91 EX. HI]lIT "A" ATTACHED TO AND MADE A PART O F 'FILE CERTAIN GRANT OF PIPELINE EASEMENT (!.-0654764) BETWEEN EXXON MOBIL CORPORATION AND WEST E R N GAS RESOURCES, INC. SECTIONS 13 AND 18, T22N-R I I IW and l12W LINCOLN COUNTY, WY A RIGHT-OF-WAY, 50.00 FEET WIDE FOR A PIPELINE, LYING WITHIN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18 TOWNSHIP 22 NORTH, RANGE 111 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTON 18, THENCE SOUTH 03049'54.. WEST, 2,180.72 FEET TO THE TURE POINT OF BEGINNING; THENCE SOUTH 52045'30" EAST, 33.71 FEET; THENCE SOUTH 05°35'15'' WEST, 327.24 FEET TO A POINT ()iN THE WESTLINE OF ~ SOUTHWEST QUARTER OF SAID 'SECTION 18, SAID POINT BEING NORTII 00°49'54" EAST, 112.09 FEET FROM THE SOUTHWEST SECTION CORNER OF SAID SECTION 18. THE TOTAL LENGTH OF A PIPELINE RIGHT-OF-WAY ACROSS EXXON LANDS AS DESCRIBED ABOVE IS 360.95 FEET OR 21.88 RODS, CONTAINING 0.414 ACRES, MORE OR LESS. A RIGHT-OF-WAY, IN TWO PARTS, 50.00 FEET WIDE FO R A PIPELINE, LYING WITHIN SECTION 13, TOWNSHIP 22 NORTH, RANGE 112 WEST, 6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, LYING 25.00 FEET ON EACH SIDE OF THE FO I.I~OWING DESCRIBED CENTERLINE: PART 1 COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 13, THENCE NORTH 52°06'26" EAST, 2,001.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24°01'24" WEST, 497.58 FEET; THENCE SOUTH 12°28'21" WEST, 220.15 FEET; THENCE SOUTH 29°20'29" EAST, 116.94 FEET; THENCE SOUTH 49°0Y15" EAST, 797.49 FEET; THENCE SOUTH 89°06'41" EAST, 3,272.13 FEET; THENCE SOUTH 00°50'16" WEST, 2, 129.81 FEET; THENCE SOUTH 52045'30.. EAST, 31.34 FEET TO A POINT ON 'FILE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, SAID POINT BEING NORTII 01)°49'54'' EAST, 458.09 FEET FROM THE SOUTHEAST SECTION CORNER OF SAID SECTION 13. PART II COMMENCING AT THE SOUTHEAST SECTION CORNER OF SAID SECTION 13, THENCE NORTH 00o49'54'' EAST, 112.09 FEET TO THE TRUE POINT OF BEGIN N 1NG AND A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE SOUTH 05034'52'' WEST, 91.72 FEET; THENCE SOUTH 88%9'20" WEST, 460.32 FEET; THENCE NORTH 85o42'49" WEST, 129.33 FEET; THENCE NORTH 88o34'27" WEST, 961.02 FEET; THENCE SOUTH 00°12'41" EAST, 20.31 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, SAID POINT BEING SOUTII ,~9°02'43" EAST, 1,086.76 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 13. THE TOTAL LENGTH OF A PIPELINE RIGHT-OF-WAY ACROSS EXXON LANDS AS DESCRIBED ABOVE, IS 8,728.14 FEET OR 528.99 RODS, CONTAINING 10.019 ACRES, MORE OR LESS.