HomeMy WebLinkAbout905594PIPELINE RIGHT-OF-WAY
STATE OF WYOMING
COUNTY OF LINCOLN
KNOW At._[.. PERSONS BY THESE PRESENTS:
THIS Pipeline Right-of Way Agreement (hereinafter called "Agreement")is made this 9th day
of November, 2004, between ANADARKO LAND CORP., f/k/a RME Land Corp., a corporation of
the State of Nebraska, Grantor, and NORTHWEST PIPELINE CORPORATION, whose address is
295 Chipeta Way, Salt Lake City, UT 84108, Grantee.
WITNESSETH, that Grantor, for and in consider;~tiun of the sum ofTen Dollars ($10.00) and
other good and valuable consideration, to it in hand paid t,y Grantee, the receipt whereof is hereby
acknowledged, has granted, sold and conveyed, and by tt~ose presents does grant, sell and convey
unto Grantee, and unto its successors and assigns. ~,~ easement for rights-of-ways for the
construction, operation, maintenance, repair, renewal, ~oconstruction and use of a 30" buried
pipeline (hereinafter called "Facility") with necessary app~ ~rtenances thereto, upon, along and under
the sudace of the land situated in the County of Lincoln, S{;~te of Wyoming, described in Exhibits "A"
through "E", (hereinafter called "Premises") attached and ~ade a part hereof, together with the right
of ingress and egress to and from Premises for the purpo.:,e of exercising the rights granted herein.
RESERVING, however, to Grantor, its successo~ u und assigns, the right to construct at any
and all times and to maintain roads, highways, pipeli~,~-; and telephone, telegraph and electric
power pole and wire lines, over, under and across (b~t in such a way as not unreasonably to
interfere with) said Facility of Grantee on the Premises; i~ being understood that the right so reserved
to Grantor, its successors and assigns, is retained at<¢~9 with the general right of Grantor, its
successors and assigns, to the use of the Premises for a~ ,y purpose not inconsistent with the use by
Grantee of said easement for the purposes herein define:d.
This Agreementls made subject to all outstandi[~9 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 rc~ewals and extensions of the same, and
subject also to all conditions, limitations, restrictions, encu~brances, reservations or interests of any
person which may affect the Premises, whether recor-d,:d or unrecorded, and is made without
covenant of title or for quiet enjoyment.
The easement described in Exhibits "A" through "E" is for a strip of land seventy-five (75')
feet in width.
This Agreement herein made is on the express (:cndition that Grantor, its successors and
assigns, shall not be liable to Grantee, its successors o~ ;~ssigns, for any damage occurring to the
Facility and/or installations made or to be made by Gr;,~[ee upon the Premises or for any other
damage whatsoever occasioned by subsidence of the s~,-face of the Premises as a result of past
mining underneath the same or resulting in any other way from the past removal of coal or other
minerals in, near, or underlying the Premises.
All operations hereunder shall be conducted at tt~{~, expense of Grantee and in compliance
with all Federal, State and County laws, rules, ordinances and regulations which are applicable to
the area of operations including but not limited to those pertaining to environment, fire, sanitation,
conservation, water pollution, and fish and game. All op{;~ations hereunder shall be conducted in a
prudent manner. If, as a result of Grantee's operations Ll~_)on or use of said Premises hereunder,
any statute, law, ordinance, rule, regulation or requireme, ~t is violated, Grantee shall protect, save
harmless, defend and indemnify Grantor and its affiliates, their officers, employees and/or agents,
against and from any and all penalties, fines, costs and e~.'.t¢e~ses, includin9 court costs and counsel
fees, imposed upon or incurred by Grantor and/or its ~dliliates, their officers, employees and/or
agents, resulting from, or connected with, such violation and/or violations.
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 supplied, to Grantee, or anyone claiming und~-~ 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 forty-five (45) days of the date of filing the same; and if Grantee shall fail
to discharge such lien within such period, then Grantor ~ay, at its option, discharge the same by
paying the amount claimed to be due without inquiry into {l~e. validity of the same and Grantee shall
thereupon reimburse Grantor within forty-five
payment so made.
(45) days of receipt of Grantor's request for any
RECEIVED 11312005 at 11:33 AM
RECEIVING # 905594
1
BOOK: 576 PAGE: 332
JEANNE WAGNER_
LINCOLN COUNTY CLERk, :L _: :IERER, WY
Grantee is advised that the generation, transpo~ t,'~tion, treatment, storage arid-dlSpbsal of
hazardous wastes are controlled by the Federal Resou~ c;~. Conservation and Recovery Act of 1976
and regulations issued pursuant to the Act and subsequ~:~ ~t Acts by the United States Environmental
Protection Agency (EPA) and/or state agencies. If GranI~:{}'s use of the Premises shall include any
regulated hazardous waste activities, Grantee shall obt~ ~i~ ~ hazardous waste permit from the EPA
or appropriate state agency and shall provide a copy of ..-;nme to Grantor.
GRANTEE, FOR ITSELF, ITS SUCCESSORS AN D ASSIGNS, BY THE ACCEPTANCE OF
THIS AGREEMENT, AGREES TO INDEMNIFY AND I IOLD 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 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 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, OF,' 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 ARISE'.:; FROM OR IN CONNECTION WITH THE
CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, RENEWAL, RECONSTRUCTION,
REMOVAL OR USE OF SAID FACILITY OR THE BURSTING OF OR LEAKS IN SAID FACILITY,
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.
Grantee shall not assign this Agreement, or any i~ ~terest herein, without the written consent
of Grantor, which consent shall not be unreasonably withheld.
For the purposes of this Agreement, abandonn~ont by the Grantee of the Facility shall be
defined in accordance with federal law applicable to interstate natural gas pipelines regulated bythe
Federal Energy Regulatory Commission, or any successor agencies designated by the Congress of
the United States of America. In the event of abandonm{~,nt by the Grantee of the Facility, all rights
herein granted to the Grantee in the Premises shall c~ase and terminate with respect to the
Premises so abandoned, and Grantee, its successor~ or assigns, shall deliver to Grantor a
recordable instrument evidencing that the title to the P~'e~fises so abandoned is free and clear of
said easement as well as any liens, created or permitted ~ be created by Grantee, its successors or
assigns. Provided, if Grantee abandons only a portio~ of the Facility on only a portion of the
Premises, the rights granted herein shall cease and termi~3te only with respect to the portion of the
Premises affected by the abandoned portion of the Facility, and the rights granted herein to the
Grantee shall continue in full force and effect with resl)~¢ct to the portion of the Facility and the
Premises not abandoned by Grantee. Grantor hereby agrees that Grantee may at Grantee's option
elect to abandon the subsurface pipeline in place so long ;~s Grantee abandons the pipeline in place
in accordance with applicable federal, state, and local ~;..'ffety standards; however, Grantee shall
remove any, and all, above ground facilities.
If the facilities or any portion thereof are aba~loned, and Grantee fails to remove the
facilities so abandoned and restOre the portion of the Pr(;~ises to which the abandoned facilities are
appurtenant to its original condition within one (1) year aft(;r receipt of notice from Grantor to perform
such activities, Grantor may perform such activities o~ tl~e behalf of Grantee and Grantee shall
thereupon reimburse Grantor within forty-five (45) days of receipt of Grantor's request for any
payment so made.
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 gow~;r'nmental requirements on comparable
adjacent areas of public lands. Grantee shall eradicate ;~1t noxious weeds from the Premises and
shall not allow the same to go to seed. Additionally, Gr~:~tee shall not change the location of or
injure any permanent fences or irrigation structures Ioc~:lud on the Premises.
This Agreement is also made by Grantor and accepted by Grantee subject to certain terms
and conditions regarding the possible relocation of the F~cility to accommodate future extraction by
the Grantor ,o,f oil, gas, and minerals, and those terms and conditions are attached to the Aqreement
as Exhibit~and are hereby incorporated by reference. Future relocation of the Facility for~ny other
purpose than stated in Exhibit "F" shall occur, if at all, pursuant to a future mutual agreement in
writing signed by Grantor and Grantee.
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 corporatio¢~ 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 Gr;~ntee 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 Agreement shall be applicable to
Grantee, its successors and assigns.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date(s) set
forth below in the acknowledgments, to be effective on tt~e day and year first written above.
ANADARKO LAND~.
NORTHWEST PIPELINE CORPORATION
Name:
Its: .~-_'-'- - ~ ~~
STATE OF TEXAS )
) ss:
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this 9th day of November 2004, by
James L. Newcomb, as Agent & Attorney-in-Fact of Anadarko Land Corp.
WITNESS my hand and official seal.
My commission expires
(SEAL)
STATE OF ~.~-TLr_.~'~ )
) SS:
COUNTY OF q~r.~"~ bcqc~.~ )
.~) The foregoing instrument was acknowledged
E'L.~*,-~',f- , 2004 by ~co~ '~,~-~,,,r~:z,,.. ', as
Northwest Pipeline Corporation.
WITNESS my hand and official seal.
My commission expires \~/ ~o.~-I 0 %--
Notary Public
before me this
day
of
of
(SEAL)
O~U~i~ EXHIBIT "A"
SECTION 11, T20N-R116W, 6TH PRINCIPLE ~..!i [[)JAN,
LINCOLN COUNTY, WYOMING
2
/N88'07' 5S'W
- .......... -PGa
A.P.N. 20161120001100 PROJ. F/~[)E[~ *¢K-12
A PART OF THE W2, SEC. il
PERMANENT E,~.;,.: ',:£HT OETA IL
N. /'..~,
THIS SKETCH REPRESENTS ONLY A PIPELINE
SURVEY DONE ON THE GROUND AND DOES NOT
REFLECT A BOUNDARY SURVEYI
BEARINGS AND DISTANCES SHOWN HEREIN ARE
DERIVED FROM EXISTING MAPS, DOCUMENTS AND
OR AERIAL PHOTOGRAPHY.
75 FOOT ~ASEM~NT - R/W =
Suh.~Y LENGTH = 2614.1 FEET MORE OR LESS
TCiAL EASEMENT = 4.50 ACRES MORE DR LESS
A SEVENTY FIVE (75) FOOT WIDE PERI.!.'.t;iZNT PIPELINE EASEMENT
Being o seventy five (75} foot wide permanent ec::,(:.~nt lylng twenty (20) feet
Northeasterly and fifty five (55) feet Southwest,¢:iy O~ the following
described survey line.
Extending over, through, and across e parcel o~ ILiTqd located in the West Half of
Section 11, Township 20 North. Range llG West, i;tr~ Pr;nciple Meridian, Lincoln
County, Wyoming.
BEGINNING of o point on the East llne of said ~,;~ Half o~ sold Section 11, sold
point bears S00°12'57"E along section llne a d;:,l~r~ce o~ 2584.48 feet from
the North Ouorter Corner o~ said Section 11,
THENCE N83']]'13"W, o distance of 1672.74 feet:
THENCE NBe'OT'55"W, a dlstonce of 961.]8 feet ~, ~ point of terminus of the herein
described easement on the west llne of said Was~ H~I f o~ said Section 11,
Said seventy five (75) foot wide permanent eas~:],~;,~ being 2634.1 Feet in length
and containing 4,50 Acres more or less,
D,~,',~ N G NO.
NORTHWEST PIPELINE CORPORATION
30" ROCKIES DISPLACEUENT PROJECT
ACROSS ANADARKD LAND CORP.
SEC. ll, T-20-N. R-116-W
LINCOLN CDUNTY, WYDUING
J J!
Willibms.
GAS PIPELINE
U~UG~,L~ EXHIBIT "B"
SECTION 9, T2ON-R116W, 6TH PRINCIPLE '.IERIDIAN,
LINCOLN COUNTY, WYOMING
A.P.N.
A PART
4
N16'39'3?"W
229.2?'
453,30'
571.98'
227.64'
201C~ fii0001100 PROJ. FOLDER ~K-15
;lie NE4, SE4, NW4, SEC. 9
9
?E,;/L~,'h'VENT EI~E$tENT DETA/L
N.T.$.
PERA~AN£N T
NEW 30' LO0~
PERMANENT E,~$E~NI
722.64'
290.95'
3
--~10
THIS SKETCH REPRESENTS ONLY A PIPELINE
SURVEY DONE ON THE GROUND AND DOES NOT
REFLECT A BOUNDARY SURVEY;
BEARINGS AND DISTANCES SHOWN HEREIN ARE
DERIVED FROM EXISTING MAPS. DOCUMENTS AND
OR AERIAL PHOTOGRAPHY,
75 FOOT [AS[MENT - R/W =
SURVEY LENGTH = 5035.4 FEET MORE OR LESS
TOTAL EASEMENT : 8.70 ACRES MORE OR LESS
A SEVENTY FIVE (75) FOOT WIDE P[;~!4ANENT PIPELINE EASEMENT
Being a seventy five (75) foot wide permanen~ ,,mernent lying twenty (20) feet
Northeasterly and fifty five I55) feet Sout~,.=::~urLy o{ the follOwing
described survey llne.
Extending over, through, and ocross a parce~ ,,T lend located in the Northeast,
Southeast and Northwest Ouorters of Section ~, [ownship 20 North, Range 116 West,
6th Prlnc[ple Meridian, Lincoln County, Wyom;r,],
BEGINNING at o point on the East line of gFCrltr~r'S land, sold point bears
NOO"12'26"E along section line o distance o¢ .;;3.18 feet from the
East Ouorter Corner of said Section 9.
THENCE 578'12'01"W, a
THENCE S63"30'O3"W, a
THENCE S73"27'42"W, o
THENCE N71°28'35"W,
THENCE N15°47'OS"W, a
THENCE N80°11'OS'W,
THENCE N20°SG'35"W,
THENCE N15°SG'OG"W,
THENCE N13'37'15"W, o
THENCE NOO'OG'OA"W, a
THENCE N1G'39'37"W, o
described easement on
Said seventy five
in length and contain
distance of 174.70 feet:
distance of 1243.88 fe~;
distance of 252.23 fee~;
distance of 204.59 feet;
dlstance of 664.25 fee~;
distance of 290.95 fee~;
distance of 722,64
d~stance of 227.64 fee~;
distance of 571.98 fee~;
distance of 453.30
d~stance of 229.27 fee~ t~ a po;nt of terminus of the herein
the West line Of $o~d N~r~hwast Ouarter of said Section 10.
foot wide permanent uc.,:u~mt being 5035.4 Feet
Jng 8.?0 Acres more or
DRA~NG NO.
NORTHWEST PIPELINE CORPORATION
30" ROCKIES DISPLACENENT PROJECT
ACROSS ANADARKO LAND CORP.
SEC. 9, T-20-N, R-116-~
LINCOLN COUNTY. WYOUING
~f dj T }-I 1-200Z
g~.G 1401.1-X-513
NL~BER:
Will/hms.
GAS PIPELINE
SHF~T
O~U~~ EXHIBIT "C"
SECTION 17, T21N-R116W, 6TH PRINCIPLE
LINCOLN COUNTY, WYOMING
A.P.N. 211617100024 PROJ. F,:.L[)ER ~-36
A PART OF THE NE4, SE~:. 36
8
TERMINUS ~L POINT
i~L~ N54.36' 55'.
PE~F ~AS~ ~N44'23'52"W
PERMANENT EASEMENT DE TA /L XNNX '
16
THIS SKETCH REPRESENTS ONLY A PIPELINE
SURVEY DONE ON THE GROUND AND DOES NOT
REFLECT A BOUNDARY SURVEY;
BEaRiNGS AND DISTANCES SHOWN HEREIN ARE
DERIVED FROM EXISTING MAPS, DOCUMENTS AND
OR AERIAL PHOTOGRAPHY.
75 FOOT EASEMENT - R/W =
!.~!/vEY LENGTH = 3202.9 FEET MORE OR LESS
fL,:AL EASEMENT = 5.72 ACRES MORE OR LESS
A SEVENTY FIVE (75) FOOT WIDE PEI,.tJANENT PIPELINE EASEMENT
Being o seventy five (75) foot wide permonenl ,:~]:,,:rr~ont lying for,y (40) fee,
Northeasterly and thirty five (35) feet SOUTh¢.:~tuFJ¥ Of the following
described survey line.
Extending over. through, and across the Nort~t;;.t Ouorter o~ Section 17.
Township 21 North, Range 116 West. 6th Prlnci[,l,: Meridian, Lincoln County.
Wy~ing.
BEGINNING afa point on the South I~ne of sa;d t;¢rtheast Ouorter Of said Section
17. sold point bears West along section line ~] ,:istonce of 322.86 feet from the
East Ouarter corner of said Section 17.
THENCE N42°ZT'48"W, o distance of 1040,21
THENCE N37°16'22"W, a distance of 125.16
THENCE N43°28'33"W. o distance of 630.04 feel;
THENCE N44'23'52"W, o dlstonce of 181.66 feet;
THENCE N40'48'54"W, a distonce of 235.45
THENCE N46'35'26"W, a distance of 667.48 feel;
THENCE N54'36'55"W, o dlstonce of 322.99 feet t() ~ point of terminus of the herein
described easement on the West llne Of sold ~;c,r ii,east Quarter o~ sold Sectl on 17.
Said seventy five (7S) foot wide permanent 8o~.~;i,cl'lT being 3202.9 Feet in length and
containing 5.72 Acres more or less.
NORTHWEST PIPELINE CORPORATION
30" ROCKIES DISPLACEUENT PROJECt
ACROSS ANADARKO LAND CORP.
SEC, 17, T-21-N, R-116-~
LINCOLN COUNTY, WYOMING
o~G 1401 1-X-514
NLId8 ER: ,
Willibms.
GAS PIPELINE
~ A.P.N. 211608~OOO2~ PROJ. :OLDE~
W A PART O~ THE NE~, t.~C.
7
18
17
THIS SKETCH REPRESENTS ONLY A PIPELINE
SURVEY DONE ON THE OROUND ~NO DOES NOT
REFLECT A BOUNDARY SURVEY; 75 FOOT EASEMENT - R/~ =
BEARINOS AND DISTANCES SHO~N HEREIN ARE
DERIVED FROM EX~STIN0 MAPS, DOCUMENTS AND SU?,['~' LENOTH = 2Z14.5 FEET MORE OR LESS
OR AERIAL PHOTOGRAPHY, TO;,',~ E~SE~ENT = 3,51 ACRES MORE OR LESS
A SEVENTY FiVE (75) FOOT ~IDE PEn~.~,',~ENT PIPELINE EASEMENT
Being o seventy ~ive ~75) ~oot wide pe~nen~ ~':r,~ment lying ~o~fy (40) ~eet
Northeasterly and fhirty ~ive (55) Seef Sout~,:.t,:~[y o$ f~e ~ol lowing
described survey line.
Exfending over, through, and across the South,,. t O~Jorte~ of Seotion 8,
Township 21 North, Renge 116 ~esf, 6th Princip~,~ ~Jur;d[on, Linooln County,
Wyoml rig.
BE0INNINO at o point on the South llne of said '.~:~;~tr~,~est Ouo~ter of sold Section 8,
s~id point be~s N89'~1'03"~ ~long section l i;~ ~: distance o~ 549.58 ~eet ~om
the South Ouorter corner of 5old Section 8,
THENCE N60'18'26"~, o distance of 250,0q feet;
THENCE N6~"26'~1"~, ~ distance o~ 827.02 fee~;
THENCE N74"48'10"~, o dlsf~nce o~ 606.92 ~eet:
THENCE N81'1]']7"~, ~ distance o~ 146,21 feet;
THENCE N74'18'20"~, e distance o~ 384,~1 feet ~,~ ,~ po~nt o~ terminus o~ the
herein desc¢ibed eose~nt on the ~est llne of ~:~:~ Southwest Ou~rfer of sold
Section 8. Soid seventy ~ive (75) ~oot wide per-rr~:r~ent eose~nt being
221q,5 Feet in length and containing ],51 Acr~u ,,~ ~ or tess,
~o,, ROCKIES D ISPLACE,ENT PROJECT Willibms.
ACROSS ANADARK0 LAND CORP.
SEC. 8, T-21-N, R-116-W ~ASP~EU.E
LINCOLN COUNTY, WYOMING
I
~'~~"~ EXHIBIT "E"
SECTION 7, T21N-RllEW, 6TH PRINCIPLE
LINCOLN COUNTY, WYOMING
~ 315.86'
TERUlNUS ~ ~ ~ ~ I
A.P.N. 211607400024 PROJ. FOLDE~ :~K-38 & K-39
-, A PART OF THE SE4, SEE. 7
7 8
18 17
THIS SKETCH REPRESENTS ONLY A PIPEL[NE
SURVEY DONE 0N THE 0ROUND AND DOES NOT
REFLECT A BOUNOARY SURVEY: 75 FOOT EASEMENT - R/W =
BEARINO5 AND DISTANCES SHOWN HERE~N ARE
DERIVED FROM EXISTINO MAPS, DOCUMENTS AND SU; VEY LENOTH = 2852.~ FEET MORE OR LESS
OR AERIAL PHOTOORAPHY, ~¢!'~( EASEMENT = 4,45 ACRES MORE OR LESS
A SEVENTY FIVE (75} FOOT WIDE PERm:,r~ENT P~PEL~NE EASEMENT
Being o seventy ~ive (75) ~oot wide pe¢~nent e,;,,¢meof lying ~oCty (40)
Nort~eoste¢ly ond thirty ~ive (]5) ~eet Soufhwu:,t,;r ly o~ the ~ollowlng
descrlbed sucvey l~ne,
Extending ove¢. th¢o~gh, o~d oc~oss the Soufhe~,,f Ou~¢fe¢ o~ Section 7,
Township 21 North, Ronge 116 West, 6th P¢inclp;. reeF;al;on. Lincoln County,
Wyoml
BEO[NN]N0 oto point on the Eosf llne o~ soid S,,,~hoost OuoCfe~ o~ s~id Secflon
sold point beo¢s NOO'25'51"E olong section I;~ ,~ distonce o~ 754.64 Ceet ~¢om
the Southeost corner o~ 8oid Section 7.
THENCE N74'18'20'W. ~ dlst~noe o~ 67,41 ~eet:
THENCE N71'28'OE"W. o dlsfonce o~ ~6,97 ~eet;
THENCE N65'5]'49"W, o dlstonce o¢ 50~,28 ~eet;
THENCE N58"47'49"W, e dlstonce o~ 1507.12 ~ee~;
THENCE ~45'17'~8"W, ~ dlstonce o~ 515,86
THENCE S69'~O'~2"W, o dlstonce o~ 121,74 ~eet t ~ point o~ terminus o~ the heFeln
described eose~nt on the West line o~ soid So~,~r,,¢ost OuoCter o~ soid Section 7,
Sold seventy ~ive {75) Coot wide pe¢~nent eos~;,:,,r;t being 2852,~ Feet in length
ond containing 4,45 Acces ~¢e o¢ tess,
~ NORTH~EST PIPELINE CORPORATION .
ACROSS ANADARK0
SEC. ~. T-21-N, R-116-~ GAS PIPELINE
L INCOLN 60UNTO,
I
EXHIBIT "[:"
Attached to Pipeline Right-of-Way Agreement, dated .",, ,x ct~bcr 9, 2004, between ANADARKO
LAND CORP. and NORTHWEST PIPELINE CORPO I~ .\TI ON.
The grant of easement herein made is on the fo ll~,,,x lng express conditions:
A. Removal of 0il and Gas and Associated Liq[~id !lydrocarbons:
Without the prior consent of the Grantee. xs l~ic h consent shall not be unreasonably
withheld, neither Grantor nor its affiliates sl~z~ll conduct drilling operations upon the
surface of the Premises for oil, gas or other :t~4oci ated liquid hydrocarbons ("oil and
gas"); PROVIDED, HOWEVER, that nothit~tt I~crcin contained shall limit the right of
Grantor or its affiliates to remove such oil :tll~t ~'as l'rom underneath the surface of the
Premises by means of operations conducted ~ ~ l}~c surface of other lands, and
provided further that in removing oil and ~,as t~'t,m underneath the surface of the
Premises, Grantor or its affiliates engaged i~ ~,a~i~l operations shall exercise due care to
avoid damage to Grantee's Facility thereon: :~d
B. Removal of Minerals Other than Oil and G',t:, ',t~d ?\ssociated Liquid Hydrocarbons
from Under the Premises:
(i) Upon conclusion of a term not les~ tl~',m five (5) years from the date of this
Agreement, Grantor or its affiliates shall ~ix'c Grantee written notice of any
intention to remove from any segment o l'tl~c P~'emises minerals other than oil and
gas not less than two (2) years prior to c,,~nencement of such removal. Such
notice shall be in sufficient detail to inlk,n~ ( irantee of the Grantor's or its
affiliates' plans to remove minerals other' tim',tn oil and gas from any segment of
the Premises. Grantor's or its affiliates' 15~al mining plan with respect to such
segment of the Premises shall fully coral,IX xx'ith all applicable local, state and
federal laws, rules and regulations;
(ii) If such removal of minerals by ('il'zither' or its affiliates is to be
conducted in such a manner as will intcrl'c~'c with a segment of the Facility, such
notice shall include a written estimate o 1' dama ges, i f any, which Grantor or its
affiliates might incur if the segment of tltc I:acility is not relocated, which
estimate shall include the basis for the c:t Ic tt Iai ion of such estimate of damages;
(iii) Within 120 days after receipt oi' ~4ttt'l~ notice, Grantee shall by
written notice to Grantor or its affected :t I'l~lizttes elect:
(a)
To relocate the affected segn~c~t o1' the Facility at its own cost and
expense on other of Grantor's iw, ~perty within a time period consistent
with the mining plan providctt t,~ Grantee pursuant to paragraph (B) (i)
above. Substitute right-of-w.,t.~ to be provided by Grantor subject to the
availability of property suitab I~, Ib~' the intended use. Grantor reserves
the right to charge additional c,~sideration for the substitute right-of-
way when such right-of-way I~':tx'crses more property or property of
greater value than the grant I~'~-ci n made, said additional consideration
not to exceed the difference l,~q\\'cen consideration to be paid for the
grant herein made and consid.:?ation t'or the substitute right-of-way
based on rates in effect at thc li~c el'relocation. In the event the
consideration for the substitute, fight-of-way shall be less than the
amount paid for the grant hct-ci~ made, Grantor will not be required to
reimburse Grantee for the di t'I',:~ once; or
(b)
To not relocate the affected s~:,?~nent o£the Facility and to pay Grantor
or its affected affiliate the an~tlltt o 1' damages set forth in the estimate
of damages furnished to Grat~lcc pursuant to paragraph (B) (ii) above,
or any other amount agreed t tI,,~ by Grantee and Grantor or Grantor's
affected affiliate for such da tn~t,~,c~.
03 4
(iv) Neither Grantor or its affected all iii.mc nor Grantee shall arbitrarily or
unreasonably exercise its rights hereund,,n mid
(v) Should Grantee elect to relocate ztt its cost and expense any segment of the
Facility so as to accommodate the mining., i,Izm o1' the Grantor or its affiliate,
Grantee shall not again be required to roi, ,,:mc such segment of the Facility
without reimbursement from Grantor or it ~ z[I'l'ccted affiliate for any and all losses,
damages, expenses, and costs, of whatst,,.x ~' 1< ind (exclusive, however, of any
consequential losses, damages, expenses :~ td costs), incurred by Grantee in the
relocation thereof.