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HomeMy WebLinkAbout904679ACCESS AND SURFACE USE AGREEMENT ,. t0021 STATE OF WYOMING COUNTY OF LINCOLN KNOW ALL PERSONS By' THESE PRESENTS: THIS ACCESS AND SURFACE USE AGREEMENT ("Agreement") is made this 21't day of October, 2004, by and between ANADARKO LAND CORP., successor in interest to UNION PACIFIC LAND RESOURCES CORPORATION, ("Grantor"), and CHEVRON U.S.A. Inc., whose address is P.O. Box 36366, Houston, TX 77236("Grantee") (Grantor and Grantee are sometimes herein referred to together as the "Parties" or individually as a "Party".) WHEREAS, for purposes of conducting its business operations, Grantee desires the rights, privileges, and easements set forth in this Agreement with respect toland situated in the Ncrtheast Quer{~ of the Northwest Quarter (S2NW) of Section Three (3), Township Nineteen (19) North, Range One Hundred Seventeen (117) West of the Sixth Principal Meridiaq in the County of Lincoln, State of Wyoming (the "Premises"); and WHEREAS, Grantor owns the surface estate of the Premises. NOW, THEREFORE, in consideration of the payments made by Grantee to Grantor as set forth in an unrecorded letter agreement, the promises, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Subject to the terms of this Agreement, Grantor grants unto Grantee, and unto its successors and permitted assigns, the following rights, privileges, and easements: (a) Grantor grants to Grantee an easement and the right to locate, construct, operate, maintain, and remove a microwave tower (the "Tower") within a 50 foot by 50 feet (50' x 50') site on the Premises, which is more particular y set forth inExhibit A attached hereto and made a part hereof for all purposes (the "Tower Site"); and (b) Grantor grants to Granteethe right to construct and maintaina thirty-foot (30') wide, gravel, non-exclusive road on the Premises for purposes of accessing the Tower Site,which is more particularly set forth in Exhibit A (the "Road"), as well as rights of ingress and egress on, over, and across the Road for the purpose of exercising the rights granted herein. The Tower, Tower Site, and Road are collectively referred to as the "Facility." 2. Grantor hereby RESERVES on behalf of itself, 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 1 RECEIVED 11/18/2004 at 1:07 PM RECEIVING # 904679 BOOK: 573 PAGE: 21-26 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0022 unreasonably to interfere with)the Facility; 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 use the Premises forany purpose not inconsiste~t with the use by Granteeprovided for herein. 3. This Agreement 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 forirrigation ditches, pipelines, pole and wire lines and the right of renewals and exiensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person that may affect the Premises, whether recorde¢i or unrecorded, and is made without covenant of title or for quiet enjoyment. 4. The grant of rights, easements, and privileges made herein 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 Facility, and any and all 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 underneath the same or resulting in any other way from the removal of coal or other minerals in or underlying the Premises. 5. Grantee hereby agrees that all of its activities associated with this Agreement shall be conducted at its sole expense and shall be in compliance with all applicable Federal State and county laws, rules, ordinances and regulations, including I.~ut not limited to, those pertaining to environment, fire, sanitation, conservation, water pollution and fish and game. All activities associated with this Agreement shall be conducted in a prudent manner. If, as a result of Grantee's activities upon or use of the Premises hereunder, any statute, law, ordinance rule, regulation or requirement is violated or purportedly violated, Grantee hereby agrees to 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(s). 6. Grantee hereby agrees that it shall not suffer or permit any mechanic's ien, or other lien, to be filed against the Premises or any adjoining lands owned r~y Grantor, by reason of work, labor, services, or materials supplied, or claimed to have been supplied, to Grantee, or anyone claiming under Grantee. If any such mechanic's lien, or other lien shall at any time be filed againstthe Premises, Grantee shall cause the same to be discharged of record within thirty (30) days of the date of filing the same; and if Grantee shall fail to discharge such lien within such period, then Gran[or may, at its option, discharge the same by paying the amount claimed to be duewithout inquiry into the validity of the same and Grantee shall thereupon reimburse Grantor within thirty (30) days for any payment so made. 7. 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 promptly provide a copy of same to Grantor. 8. GRANTEE, FOR ITSELF, ITS SUCCESSORS AND PERMITTED ASSIGNS, BY THE EXECUTION OF THIS AGREEMENT, AGREES TO AND HEREBY INDEMNIFIES AND HOLDS · -..',- 0 0,~; 3 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 COSTS THAT 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, ENVlRONMEN-FAL 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 RODENTIClDE 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 OFTHE FACILITY OR THE BURSTING OF OR LEAKS INTHE FACILITY, UNLESS CAUSED BY THE SOLE AND DIRECT NEGLIGENCE OF GRANTOR ORANY 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 L~sed herein means any corporationor legal entity that directly or indirectly controls, or is controlled by, or is under common control with Grantor. 9. Grantee shall not assign thisAgreement, or any interest therein, without the written consent of Grantor, which consent shall not be unreasonably withheld. 10. For the purposes of this Agreement, "abandonment" shall be defined as non-use of the Premises or any portion thereof for the uses provided for herein 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 theportion of the Premises so abandoned, and Grantee, its successors or assigns, shall deliver to Grantor a recordable instrument evidencing that the title to the portion of the Premises so abandoned is free and clear of this Agreement as well as any liens, encumbrances, clouds upon or defects in the title tothe Premises created or permitted to be created by Grantee, its successors or assigns. However, termination of the rights granted hereunder shall not relieve Grantee, its successors and assigns from compliance with the covenants and agreements contained herein. 11. Grantee may abandon underground pipelines in place, but shall, and hereby agrees, at its sole expense, to promptly remove any and all above ground facilities. If Grantee fails to remove the above ground facilities within sixty (60) days after receipt of notice from Grantor to perform such activities, then Grantor may perform such activities for the account of Grantee and Grantee shall reimburse Grantor within thirty (30) days for any payment so made. 3 : 0024 12. Grantee shall affect a minimum of vegetative or soil disturbance, consistent with prudent operations. Upon completion of any activity, Grantee shall promptly, at its sole expense, restore and level the surface of and reclaim all lands disturbed by Grantee and restore the condition of the land to the condition and contour it was in prior to Grantee's activities. If Grantee fails to restore, level and reclaim the disturbed land within sixty (60) days after receipt of notice from Grantor to perform such activities, then Grantor may perform'such activities for the account of Grantee and Grantee shall reimburse Grantor within thirty (30) days for any payment so made. 13. Grantee shall promptly, at its sole expense, revegetate any and all disturbed areas in a manner consistent with applicable government requirements on comparable 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. 14. Notwithstanding anything herein to the contrary the rights, privileges, and easements granted herein are subject to the needs and requirements of Grantor, its successors and assigns, in the improvement and use of its property, and Grantee shall at the sole expense of Grantee, move all or any portion of the Facility to such new location or remove saiC Facility from the Premises, as Grantor may designate whenever Grantor shall find that suct~ 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 shal apply to the Facility as modified, changed or relocated within the contemplation of this paragraph. Grantor, its successors and assigns, agrees to furnish Grantee an alternative route across its property, if any, at no additional cost to Grantee, with the exception of damages to crops, fences, livestock or water supply ditches. 15. In accordance with Section 1445(b)(2) of the Intema 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 both. Subject to the foregoing, the terms and conditions of this g~ant shall be applicable to Grantee, its successors and permitted assigns. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) set forth in the acknowledgments below; to be effective the day and year first herein written. CHEVRON U.S.A INC. STATE OF TEXAS ) ) SS: COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this|, day of OetoD~r, 2004 by James L. Newcomb, as Agent & Attorney-in-Fact of Anadarko Land Corp., a Nebraskacorporation, on behalf of said corporation. WITNESS my hand and official seal. My commission expires ~,q_Or~ ~, 2D'~, _ ~*:¢~% ANGELA MICHELLE GILBREATH ' ~-~ {'~;} MY COMM SSION ~PIRES Notary Public STATE 0 F ~)('/~._~ ) ) SS: COUNTY OF .~_/~..A~_~/~...~ ) ¢/Theforegoing instrument was acknowledged .before me this ~day ¢~[ ,2004, by ¢, ~ ~/~2/~ /;"?(~/~¢~f Chev~ S A a ~ - . ~ ~-~ t: · · - ~d~¢~.,. corporation, on behalf of said corporati;~ - WITNESS my hand and official seal. of (..~a r y Public "-Foaa ~ Chg. v~v, U. s.A. b:. P.o. 6m 5 Found 1909 GLO ~ TowerS~e~ ~N10'52'05"E. 263.10' 50'x50' ~ d (See Detail) ~N39'~2'03"E, 227.26' ~ ~ . ~ ~N20'~9'S~"[, 269.~' . ~ / I ~ ACCES9 ROAD Found ; ~ ~ SECTION 1~9 GLO ~ ~ ~ 8ULPHUR~DN ~1~ OWNER: Union Pacific Land Resources Brass Cap PIPELINE ~'~ !J(F()0'00"E, 50.00' Tower Site Detail (No Scale) N~{~'()0'00"W, 50.00' w Certificate of Surveyor State of Wyoming ) County of Uinta ) ss I, Stanton G. Taggert, of Wasatch Surveying Associates, L.L.C., hereby state that I am by occupation a Professional Land Surveyor employed by Chevron Texaco 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. ipANY CHAJdGE, 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 SUBJECT ROPER'rY. ' Legal Description ~ A tractoflandlocatadln Lots 7 & 8 and the S1/2NW1/4 of Section 3, TlgN Rl171/V, 6th P.M., Lincoln County, Wyoming, said tract being 30.00 feet wide, 15.00 feet on each side of the following described centerllne: Commencing at the Northwest corner of said Section 3 thence S 00°01'1e' w, 2170.10 feet ~long the West line thereof,' thence SSg°58'44~E, 1338. 75 feet to the Point Of Beginning~ thence N13°40'38'VV, 400.88 feet; thence NO1 °55'25"E, 464.66 feet; thence NI3°I I'Ol"W, 117.49 feet; thence N18°Ol'52"E, 83.91 feet; thence N32°57'53"E, 54.11 f~ut; thence N20°4g*55"E, 269.46 feet; thence N3g°I2'O3'E, 227.26 feet; thence N25°42'42"E, 144.59 feet; thence NlO°52'OS"E, 263.10 f¢et; thence N27°28'O2"VV, 111.62 feet; thence S60°23'37"VV, 187.59' feet to the Point Of Ending, said point lying on the East side of the Proposed Chevron Tower Site. Said centeriine being 2224.67 feet or 134.828 rods, more or less, In length. Also, a tract of lend fora proposed tower located in Lot 7 of said Section 3, being more particulalry descibed es follows: Commencing et the Point of Ending of the above-described centeriine and running thence NO°OO'OO"W, 10. 79 feet to the Point of Beginning of the Proposed Chevron Tower Situ; thence SO°O0'O0'E, 50.00 feet; thence NDO°OO"OO~W, 50.00 feet; thence NO°OO'OO"E, 50.00 feet, thence NDO°OO"OO"E 50.00 feet to the Point of Begi~ning. Said site containing 2500.00 square feet or 0.0574 acres, more or less. Map Showing Chevron Texaco Proposed Tower Site & Access Road Located in Lots 7 & 8 and the S'I/2 NWl~4 of Section $ T19N, R 1 17W, 6th P.M. Lincoln County, Wyoming VEYING 906 Main Street Evanaton, Wyoming 82930 Phone No. (307) 789-4545 Project No. 04-06-08 Date: 08/30/04