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HomeMy WebLinkAbout20151009Notice of Affiliate Transaction2.pdf\P,AH[F-F-9RP,,,, ;; :; T 1, * ]i;iiiii!:ifri';tii].t'it*' salt Lake cia, uT 84116 unLffisjiH,{-#l$s'rx33i.1,1,3111,1,',!*" October 9,2015 VA OWRNIGHT DELIVERY Idaho Public Utilities Commission 472West Washington Boise,ID 83702-5983 j elf , r i c h ar d s@t a c iti c o rp. c o m Affention:Jean D. Jewell Commission Secretary PacifiCorp Notice of Affiliate Transaction Case No. PAC-E-05-8 Dear Ms. Jewell: This letter will serve as written notice pursuant to Commitmentl l7(2), incorporated in the ldaho Public Utilities Commission Order No. 29973 issued February 13, 2006, as supplemented by Order No. 29998 March 14, 2006, in the above-referenced proceeding, approving the acquisition of PacifiCorp by MidAmerican Energy Holdings Company (now known as Berkshire Hathaway Energy Company or "BHE"), of an affiliate interest transaction with Kern River Gas Transmission Company ("Kern River"). PacifiCorp and Kern River are both wholly-owned, indirect subsidiaries of BHE. BHE's ownership interest in both PacifiCorp and Kern River may create an affiliated interest in some Pacifi Corp j urisdictions Kem River owns and operates the Kern River pipeline system, which transports natural gas to Califomia, Nevada and Utah. Kem River has two pipelines (the "Pipelines") that currently encumber PacifiCorp rights of way by virtue of existing permanent easement agreements entered into by PacifiCorp and Kern River in l99l and2002. Portions of PacifiCorp's rights of way are being relocated to facilitate the Utah Department of Transportation's ("UDOT's") Mountain View Corridor Project.l UDOT is also requiring Kern River to relocate portions of the Pipelines. To allow Kern River to accommodate UDOT's directive, PacifiCorp will execute amendments to the permanent easement agreements to reflect the relocation alignment. PacifiCorp will also execute two new easement agreements with respect to adjacent PacifiCorp parcels that have not been previously encumbered. These amendments and new easement agreements (collectively the "Agreements") are attached to this letter as Exhibits "A" through "D." As currently configured, the Pipelines encumber approximately 6.6 acres of PacifiCorp property. After giving effect to the transactions contemplated in the Agreements, the Pipelines will encumber approximately 5.1 acres of PacifiCorp property. Because the net encumbrance I The Mountain View Corridor is a planned freeway, transit and trail system project in western Salt Lake and northwestem Utah counties. See http ://www. udot. utah. sov/mountainview/. Re: Jean D. Jewell Notice of Affiliate Transaction October 9,2015 upon PacifiCorp property is decreasing, there will be no additional real estate charge associated with the Agreements. However, Kern River will pay PacifiCorp $28,822 pursuant to a separate Temporary Construction Workspace Easement ("Construction Easement") to compensate PacifiCorp for the construction access and impact associated with relocation. The Construction Easement was the subject of a separate notice filed by PacifiCorp on September 8, 2015. The Pipeline easements (both as currently granted, and after giving effect to the Agreements) are subject to terms, conditions and restrictions to protect PacifiCorp's ability to provide safe and reliable service. The total amount of PacifiCorp property encumbered by the Pipelines will be reduced by virtue of the Agreements. Accordingly, execution of the Agreements is in the public interest. Please do not hesitate to contact me if you have any questions. Best Regards, R. JeffRichards Vice President and General Counsel PacifiCorp Enclosures ATTACHMENT A EXCLUSIVE RIGHT-OF.WAY AND EASEMENT PARCEL NO. 4009:E Re@rded at the request of Kem River Gas Transmission Company Vvhen Recorded Mail lo: Kem River Gas Transmission Company Attn: Land Depa.tment PO Box 71400 Salt Lake City, UT 84171-0400 Tract # UT- Kem River Gas Transmission Company EXCLUSIVE RIGHT.OF.WAY AN D EASEMENT State of UTAH County of Salt Lake KNOW ALL MEN BY THESE PRESENTS, that the undersigned ROCKY MOUNTAIN POWER, an unincorporated division of PacifiCorp, whose address is 1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT 84116, hereinafter refened to as Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER CONSIDERATIONS, to the Grantor in hand paid by KERN RIVER GAS TRANSMISSION COMPANY, P.O. Box 71400, Salt Lake City, Utah 8417'l-0400, hereinafter referred to as Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee, its successors and assigns, an exclusive right-of-way and easement to locate, construct, entrench, maintain, protect, inspect and operate an underground pipeline(s) and/or communications cable(s) with appurtenances including but not limited to valves, metering equipment, electrical cable, cathodic equipment, underground conduit, cables, splicing boxes and roads (said pipeline, communications cable, appurtenan@s, valves, metering equipment, cathodic equipment, underground conduits, cables, splicing boxes, markers and roads being hereinafier sometimes collectively called the 'Tacilities") over, under and through the hereinafter described land, approximately along the line designated by survey heretofore made or hereafter to be made by Grantee, through and over the said land on a right-of-way more specifi cally described as: See attached Exhibit "A". To the extent that any discrepancy exists between the legal description and survey heretofore made or hereinafter described and the actual location of the pipeline, the actual location of the pipeline(s) shall govern, with the right-of-way and easement running parallel to and extending twenty five feet on each side of the actual location of the centerline of the pipeline(s) as it exists on Grantor's property. Within one year from installation of the facilities, Grantee will provide Grantor with "as built" location information of the facilities. This right-of-way and easement shall carry with it the right of ingress and egress to and from, and access on and along said right-of-way, with the right to use existing and future roads, for the purpose of constructing, inspecting, repairing, protecting and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe. During temporary periods Grantee may use such portions of the property along and adjacent to said right-of-way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate, protect and maintain the facilities over the right-of-way hereby granted unto the said Grantee, its successors and assigns, and the Grantee may assign the rights and easement herein granted, either in whole or in part, subject to the terms ofthis grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, legal representatives and successors in title. Grantee may at any time permanently abandon said right-of-way and at its discretion may remove or abandon in place facilities constructed thereon and upon such abandonment action. Grantee may at its discretion execute and record a reconveyance and release hereof, whereupon this right-of-way and easement and all rights and privileges herein mutually granted shall be fully cancelled and terminated. Grantee shall compensate the Grantor for damages to Grantor's real or personal property improvements caused by the construction, maintenance, repair, replacement or removal of the facilities. Grantee shall compensate the Grantor for damages to Grantor's timber caused by the initial construction of the facilities; thereafter, Grantee shall have the rightto cut and keep clearwithout payment ofdamages all trees, brush and other obstructions that may in the Grantee's opinion endanger, hinder or conflict with the construction, operation, inspection, protection, maintenance and use of said facilities. Grantee further agrees that within a reasonable time following the completion of construction, Grantee shall restore said right-of-way as close as reasonably practicable to the condition it was in prior to Grantee's work. Restoration shall include, where necessary, final grading, reseeding and installation of erosion control measures. Grantor reserves the right to use and enjoy said property except for the purposes herein granted, but such use shall not materially or unreasonably hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation, change in surface grade, obstruction or structure shall be constructed, created or maintained on, over, along of within said right-of-way without Grantee's prior written consent, which shall not be unreasonably withheld. Grantee shall, during initial construction, bury said pipeline to a minimum depth of 36-inches or 3O-inches in rock. By Grantee agrees to indemnify and hold harmless the Grantor ftom any claims or suits which may be asserted against the Grantor arising out of the Grantee's, its contracto/s, or agent's use of any of the Easements or intentional misconduct. Notwithstanding this, Grantee will not indemnify or hold Grantor harmless for any negligent act(s) or intentional misconduct of the Grantor, its employees, agents, contractors, subcontractors, tenants, licensees, or invitees, regadless of fault. Grantor represents and warrants that he is the owner in fee simple of the said described land. Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. WITNESS THE EXECUTION HEREOF THE DAY OF 2015 GRANTOR(S) Rocky Mountain Power, an unincorporated division of PacifiCorp ACKNOWLEDGMENT State of Utah County of Salt Lake before me,. Personally appeared Names(s) of Signer(s) tr personally known to me -OR- tr proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hernheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acled, executed the instrument. WITNESS my hand and official seal. By Title: Name and Title of Officer Exhibit "A" (Easement Description) Tax lD No's, 1 4-26-252402, 1 4-26-252403 &14-26-252415 Parcel N0.4009:E An exclusive rightof-way and easement, upon part of an entire tract of property, situate in Lots 734 and 735, Meadowlands Subdivision Phase 7, a subdivision recorded as Entry N0.7530254 in Book 99-12P at Page 324 in the Office of the Salt Lake County Recorder, and in the SW1/4NE1/4 of Section 26, T. 1 S., R. 2 W., S.L.B. & M., in Salt Lake County, Utah. The boundaries of said easement are described as follows: Beginning at a point 1il6.74 feet N.89"50'23'W. along the section line and 1/t48.06 feet S.00'09'37"W. from the Norfieast Comer of said Section 26; and running thence S.00?4'38'W. 68.68 feet to the intersection of the easterly line of the existing Kem River Gas easement and the southerly lot line extended of said Lot 735; thence N.89'49'19'W. 50.00 feet along said souherly lot line extended to the westerly line of said existing easement hence N.00'24'38"E. 128.01 feet; thence S.39'48'27"E.77.441eet to the point of beginning. The above described easement contains 4,917 square fuet or 0.113 acre in area, more or less. EXHIBIT A NE COR. OF stc. 26 ROCKY MOUNTAIN POIVER 14-26-252-002 LOT 7J4 UP&L 14-26-252-015 swl/4 NE1/4 OF SEC.26 LOT 7J6 I [\-Existinq so' Eosemenl 4009:E AfiEA = 4,917 SF, 0.11J AC This drowing should be used only os o representotion of the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines ond oppurtenonces is subject to chonge wiihin the boundories of the described eosement oreo. /1--\(4{JW:t,/Y UNE A EXCLUSI!E PERPETUAL EASEMENT N89'491g''iY 50.00' SCALE: N.T.S. I nnte: $n0t2015 EXHIBIT A PORTION SEC.26, T.IS., R.2W., SLB&M SALT LAKT COUNry, UTAH BY:GKDICTO:TSlAPP: I /,\ MERTDTANwI i*pr)Cofry0tEir. ;;irryrjll ATTACHMENT B EXCLUSIVE RIGHT-OF-WAY AND EASEMENT PARCEL NO. 4009: I lE Recorded at the request of Kern River Gas Transmission Company When Recorded Mail to: Kern River Gas Transmission Company 3683 West 2270 South, Suite C Salt Lake City, UT 84120 Attn: Cynthia Lowrey Assesso r Pa rcel Nos. I 4-26 -252-015, I 4 -26-27 6-022 KERN RIVER GAS TRANSMISSION COMPANY RIGHT.OF.WAY AND EASEMENT AGREEMENT This Right-of-Way and Easement Agreement (the "Easement") is entered into this day _ of 2015, by and between Rocky Mountain Power, an unincorporated division of PacifiCorp,whose address is 1407 West North Temple, Salt Lake City, UT 84140 ("Grantor") and Kem River Gas Transmission Company, a Texas general partnership, and whose address is2755 East Cottonwood Parkway, Ste. 300, Salt Lake City, UT 84171 "Grantee"). RECITALS A. Grantee is relocating two 36" natural gas pipelines. The location of the relocated pipelines is more particularly described or shown in Exhibits o'A" and "B" attached hereto and by this reference made apart of this Easement. B. Grantor is willing to convey an Easement to Grantee for a relocated pipelines provided that Grantee's operation, use and maintenance of the relocated pipelines does not interfere with PacifiCorp's operation, use and maintenance of its existing and future transmission and distribution lines and appurtenances located upon the described parcels ofreal property. Grantor agrees that its use of the easement area will not interfere with Grantee's use and rights as provided herein. NOW, THEREFORE, for the sum of Ten Dollars ($10.00) and other good and valuable consideration and the mutual promises and covenants herein contained, the parties agree as follows: Page 1 of 7 TERMS AND CONDITIONS l. Conveyance of Easement 1.1 Grant of Easement. Grantor hereby conveys to Grantee a non-exclusive right-of- way and easement to locate, survey a route, construct, entrench, maintain, protect, inspect, repair, replace, remove, and operate two 36" natural gas pipelines, together with appurtenances, including but not limited to, valves, metering equipment, electrical cable, communications cable, and cathodic equipment and single fiber optic o'backbone" communications cable (the "Facilities"), said easement and right-of-way widths are more particularly described in Exhibit ,oArr. 1.2 Limitation of Warranties. Grantor represents that, to the best of its knowledge, it is the owner in fee simple of the land underlying the Easement, but Grantor does not represent that it has made a title review and makes no warranties concerning its ownership 1.3 Encroachment Agreement. By separate document the parties have entered into an agreement (the "Encroachment Agreement" dated August 5,2002, concerning the Facilities to be located within Grantor's fee owned land or within easements held by Grantor used in connection with Grantor's electric utility operations. The rights granted under this Easement are funher defined and limited by the Encroachment Agreement. ln the event of a conflict or contradiction between this Easement and the Encroachment Agreement, the terms of the Encroachment Agreement shall govem. 1.4 Ingress and Egress. Grantee shall have a reasonable right of ingress and egress to and from, and access along, said Easement with the right to use existing roads (subject to the restrictions contained in the Encroachment Agreement) for the purpose of constructing, inspecting, repairing, protecting and maintaining the Facilities. L5 Right to Clear Vegetation. Grantee shall have the right to cut and keep clear, without payment of damages, all trees, brush and other vegetation that may in Grantee's opinion endanger, hinder or conflict with Grantee's rights hereunder. 2. Construction. 2.1 Restoration. Prior to the construction of the Facilities, and for any and all construction or maintenance work thereafter, Grantee shall segregate all of the topsoil material from other landfill material removed or disturbed in the construction area and shall, within sixty (60) days from the date of completion of the work performed, refill all excavations made by Grantee, grade and replace the topsoil, reseed the area impacted by construction with native grass seed, install erosion control structures, or otherwise restore the land as near as reasonably possible to its pre-construction condition and to Grantor's satisfaction. Page2 of 7 2.2 Interference with Grantor's Uses of its Land. Grantee shall not materially or unreasonably interfere with Grantor, its lessees', licensees', and tenants' use of its land during the construction or maintenance of its Facilities to the extent reasonably possible and shall comply with all reasonable requests by Grantor to limit or alter its construction work and timing of such construction and maintenance work to minimize the disturbance to Grantor's use of its land. Grantee shall compensate Grantor, its lessees, licensees, and tenants for all damages to real and personal property caused by the construction, maintenance, repair, replacement or removal of the Facilities. 2.3 As-Built Drawings. Within one year following the completion of the construction of the pipeline, Grantee will complete and provide to Grantor at no cost an as-built survey of the Facilities and any other facilities and appurtenances constructed or located within the Easement. 3. Grantor's Reserved Rights. Grantor reserves the right to use and enjoy the Easement for its own purposes and to convey interests or grant privileges to third parties and without Grantee's consent; provided that any use made by third parties shall not unreasonably interfere with Grantee's rights hereunder and shall comply with safety and encroachment specifications as are standard in the natural gas pipeline industry or required by applicable law or regulation. 4.Abandonment. 4.1 Consent Required. Grantee may abandon and leave all or a portion of its Facilities in place and relinquish all right, title, and interest to such Facilities to Grantor. Grantee shall be deemed to have abandoned its use of the Facilities if such pipelines are not used for the actual transmission of natural gas for a period of five (5) consecutive years. 4.2 Release of Title. If Grantee abandons its Facilities in place as provided in section 4.1 above, Grantee shall execute and record a document of reconveyance and release whereupon this Easement and all rights and privileges herein granted shall be fully canceled and terminated. 5. Compliance with Law. Grantee shall observe and comply with all rules, regulations, and laws now in effect or which may hereafter be enacted during the continuance of this Easement by any governmental entity having jurisdiction over Grantee and its business as conducted upon Grantor's land. 6. Taxes. Grantee shall pay when due all taxes and assessments levied against its improvements built upon Grantor's land, all taxes on personal property brought upon Grantor's land and any taxes that may become due because of the conveyance of this Easement. Grantee shall indemnify and hold Grantor harmless from any liability for the payment of such taxes. Grantor shall continue to pay all real property taxes and assessments levied against Grantor's land not caused by Grantee's Facilities thereon and shall indemnify and hold Grantee harmless from any and all liability for the payment of any such taxes and assessments. 7. Indemnification. Grantee shall protect, indemnify and hold harmless Grantor, its subsidiaries, and affiliates and its and their officers, directors, and employees (collectively Page 3 of 7 "Indemnitees"), from and against any and all losses, claims, liens, demands, and causes of action of every kind and nature, including but not limited to the amount of any judgment, penalty, interest, court cost or legal fee incurred by the Indemnitees or any of them in the defense of same, arising in favor of any pafiy, including govemmental agencies or bodies, on account of taxes, claims, liens, debts, personal injuries, death, or damages to property, violations of Environmental Laws and Regulations, and all other claim or demands or every character arising directly or indirectly out of Grantee's ingress and egress to Grantor's property or Grantee's use of the Easement, provided that all of the indemnification and save harmless provisions of this Easement exclude any pro rata liability attributable to Grantor's negligence or resulting from acts creating strict liability of Grantor or caused by Grantor's breach of this Easement. This Paragraph shall survive the termination of the easement. For purposes of this Easement, "Environmental Laws and Regulations" shall mean all present and future federal, state, and local laws and all rules and regulations promulgated hereunder, relating to pollution or protection of the environment. 8. Attornev's Fees and Costs. If any suit or action arising out of or related to this Easement is brought by any party, the prevailing party shall be entitled to recover the costs and fees, including without limitation, reasonable attorneys'fees, the fees and costs of experts and consultants, copying, courier and telecommunication costs, and deposition costs and all other costs of discovery, incurred by such party in such suit or action, including, without limitation, any post-trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit or action. 9. Integration. It is mutually understood and agreed that this Easement as written covers and includes all of the agreements and stipulations between the parties and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. 10. Succession. This Easement shall run with the land and shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, executors, and administrators of the parties. I l. Subject to Existing Rights. This Easement is made subject to any existing easements or rights-of-way or other interests of record and is made without any warranties or representations from Grantor, other than those expressly set forth herein. 12. Authorization. Each Individual executing this Easement does thereby represent and warrant to each other so signing (and to each other entity for which another person may be signing) that he or she had been duly authorized to sign this Easement in the capacity and for the entities set forth where he or she signs. 13. JURY WAIYER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAYE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH Page 4 of7 PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIYED WITH AI\Y OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Righrof-way and Easement Agreement on the date and year first above written. DATED this _ day of 20 Rocky Mountain Power, an unincorporated division of PacifiCorp. Title: ACCEPTED BY: KERN RTVER GAS TRANSMISSION COMPANY By: Title: ACKNOWLEDGMENTS STATE OF UTAH COUNTY OF SALT LAKE ) By: On the ho, day of ,2015, personally appeared before , who being by me duly swom says that helshe is a , Rocky Mountain Power, an unincorporated division of PacifiCorp, that executed the above and foregoing instrument and that Page 5 of 7 said instrument was signed in behalf of said corporation by authority of its by-laws (or by a resolution of its board of directors) and said acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have herewith set my hand and affixed my seal this day of ,20-. My Commission Expires: NOTARY PUBLIC STATE OF COTINTY OF On the day of _,2015, personally appeared before ) ) me and being by me duly sworn, Transmission Company, and that did say that he/she is the Attorney-in-Fact of Kern River Gas the Agreement was signed on behalf of Kem River Gas acknowledged NOTARY PUBLIC Transmission Company and said to me that sheftre as such Attorney-in-Fact executed the same. My Commission Expires: Page 5 of 7 EXHIBIT *A,, (Easement Description) Tax ID No's. 1 4-26-252-015, 14-26-27 6-022 Parcel No. 4009:l lE A perpetual easement, upon part of an entire tract of property in the SWI/4NEI/4 of Section 26, T. I S., R. 2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at the intersection of the northerly right of way line of Brud Drive and the easterly line of the existing Kern River Gas easement, which intersection is 1337.13 feetN.89o48'38"W. along the quarter section line and 301.35 feet N.00'l l'22"8 . from the East Quarter corner of said Section 26, said intersection is also 193.95 feet radially distant westerly from the Mountain View Corridor Right of Way Control Line opposite approximate engineer station 1843+94.69; and running thence N.89'35'46"W. 50.00 feet along said northerly right of way line to the westerly line of said existing easement; thence N.00o l9'46"E. 165.85 feet along said westerly line; thence N.07o34'44"W. 206.88 feet to the westerly right of way and no access line of the Mountain View Corridor; thence along said westerly right of way and no access line the following three (3) courses: (l) N.00"23'21"8. 122.50 feet; thence (2) N.09'39'12"W. 340.67 feet; thence (3) N.20"42'02"W. 23.75 feet to a point 207.43 feet radially distant westerly from said control line opposite engineer station 1852+97.93; thence 5.39o48'40"8. 95.14 feet; thence 5.07"34'44"8.614.76 feet to the easterly line of said existing easement; thence S.00ol9'46"W. 169.37 feet along said easement to the point of beginning. The above described agreement contains 36,257 square feet in area or 0.832 acre, more or less. PageT ot7 EXHIBIT 4-\,a =4 l= €tn^ SJg'18,40"E 95.14' r:d vCJo dD6 I 4 ocAf z -.1>o d- '6ts N- -oN3 z BIt t-: LOI 7J8 LOT 7J7 101 7J9 c.7 =1oz ?z :4a4 a7 Fa 4 swl/4 NE1/4 OF SEC.26 SEI/4 NEI/4 OF SEC.26 UDOT LINE B NON-EXCLUSIVE PERPEJUAL EASEMENT t:lol<a BRLID DRIVE 4009:1lE |,REA = J6,257 SF, 0.832 AC 'This drowing should be used only os o representotion of the locotion of the eosemeni being conveyed. ond oppurtenonces is subject io chonge within the boundories of the described utility ogreement oreo. E 1/1CcF. 0t s[c. 26 The exoct locotion of oll structures, lines i- o - b,-B tv t/4 coR. 0F sEc. 28 SCALE: N.T.S. I DATE: 0610312015 EXHIBTT B PORTION SEC.26, T.1S., R.2W., SLB&M SALT LAKE COLINTY, UTAH BY:GKDICKD:TBIAPP: MERIDIANtNoliallillao, tNc.67nm@SlmA ATTACHMENT C 2OI5 AMENDED RIGIIT.OF-WAY AND EASEMENT AGREEMENT (AMENDMENT TO 1991 KERN RTVER TRANSMTSSTON COMPANY RIGHT- OF WAY AND EASEMENT AGREEMENT) WFIEN RECORDED PLEASE RETURN TO: Rocky Mountain Power Attn: Lisa Louder /bk 1407 West North Temple, Suite I l0 Salt Lake City, Utah 841l6 2015 AMENDED RIGHT-OF-WAY AI{D EASEMENT AGREEMENT This 2015 Amended Right of Way and Easement Agreement to the Kern River Gas Transmission Company Right-of-Way and Easement Agreement ("Amended Easement") is entered into this day of 2015 by and between PacifiCorp, 8rl Oregon corporation, dlbla Rocky Mountain Power ("Grantor") and Kern River Gas Transmission Company, a Texas general partnership ("Grantee"). Grantor and Grantee are referred to in this Amended Easement individually as a "Party" and collectively as the "Parties." RECITALS Grantor entered into that certain Kern River Transmission Company Right-of-Way and Easement Agreement dated the 9th day of September,lggl, recorded in the Office of the Salt Lake County Recorder as Instrument No. 5125257, Book 6355, Page 1357-1360 and Amended Easement Agreement dated the 28th day of September, 1995, recorded in the Office of the Salt Lake County Recorder as Instrument No. 6204445, Book 7262, Pages 2291-2323 (the "Existing Easement"), wherein Grantor conveyed a right-of-way and easement to Grantee for the purpose of installing and maintaining a single natural gas pipeline. Pursuant to that certain Utility Relocation and Property Exchange Agreement (the "Utility Agreement") entered into among Grantor, Grantee, and the Utah Department of Transportation ("UDOT"), Grantee has agreed to relocate a segment of the existing natural gas pipeline in connection with UDOT's Mountain View Corridor Project which relocation will continue to be on land owned by Grantor. Pursuant to the Utility Agreement, Grantor and Grantee agreed to amend the Existing Easement to provide for the relocation of the existing natural gas pipeline as more particularly set forth herein and described in Exhibit A and as shown in Exhibit B attached hereto and by this reference made a part of this Amended Easement. Grantee desires to continue to use the prior easement area and to use the new easement area during construction of the new pipeline. A. B. C. D. NOW THEREFORE, in exchange for the mutual promises and benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Existing Easement as follows: l. A portion of the natural gas pipelines currently located pursuant to the Existing Easement ("Current Pipeline Location") shall be relocated to a new alignment as more particularly described and depicted in Exhibits A and B ("Relocated Pipeline Location"). Grantor does hereby grant to grantee a new easement for the Relocated Pipeline Location at the location described and depicted in Exhibit A and as shown in Exhibit B. All of the terms and conditions set forth in the Existing Easement and all subsequent Amendments, including but not limited to the Encroachment Agreement between Utah Power & Light Company and Grantee dated June 24,1991, shall govern the new easement for the Relocated Pipeline Location. 2. Until Grantee executes and delivers to Grantor a mutually acceptable partial release of the Existing Easement as to the Current Pipeline Location, all of the terms and conditions set forth in the Existing Easement and all subsequent Amendments, including but not limited to the Encroachment Agreement between PacifiCorp and Grantee dated June 24, 1991, shall remain in full force and effect as to the Current Pipeline Location. 3. Except as expressly amended hereby, all other locations of the Existing Easement and all terms thereof shall continue in full force and effect. IN WITNESS WHEREOF, the parties have duly executed, sealed and delivered this 2015 Amended Easement on the day, month, and year first written above. GRANTOR: PacifiCorp, an Oregon corporation d/b/a Rocky Mountain Power BY: ITS: ACKNOWLEDGEMENT STATE OF UTAH ): ss. COUNTY OF SALT LAKE ) I hereby certify that on this _ day of 2015, before me, a Notary Public ofthe state and county ofaforesaid, personally appeared known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he is the of PACIFICOM, )" an Oregon corporation, dlbla Rocky Mountain Power, that he has been duly authorized to execute, and has executed the same in my presence, the foregoing instrument on behalf of the said entity for the purposes therein set forth, and that the same is its act and deed. Notary Public My commission expires GRANTEE: Kern River Gas Transmission Company BY: ITS: ACKNOWLEDGEMENT STATE OF UTAH ): ss. COUNTY OF SALT LAKE ) I hereby certify that on this _ day of ,2015, before me, a Notary Public of the state and county of aforesaid, personally appeared known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he is the of Kern River Gas Transmission Company, a Texas general partnership, that he has been duly authorized to execute, and has executed the same in my presence, the foregoing instrument on behalf of the said entity for the purposes therein set forth, and that the same is its act and deed. Notary Public My commission expires EXHIBIT "A" (Amended Legal Description of Existing Easement) Tax ID No's I 4-26-252-001, I 4-26-252-002, I 4 -26 -252-003, I 4 -26 -20 I -00 3, I 4 -26 -20 I -00 5 Parcel No. 4009:2E A perpetual easement, upon part of an entire tract of property in Lots 733, 734 and 735, Meadowlands Subdivision Phase 7, a subdivision recorded as Entry No. 7530254 in Book 99-l2P at Page 324 in the Office of the Salt Lake County Recorder, and in the SWI/4NEI|4 and the NWI/4 NEl/4 of Section 26,T.1 S., R. 2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the westerly boundary line of said entire tract, which point is 1886.99 feet N.89"50'23"W. along the section line and 1042.10 feet S.00o09'37"W. from the Northeast Corner of said Section 26; and running thence 5.39"48'27"8. 452.25 feet; thence S.00o24'38"W. 77.43 feet; thence N.39"48'27"W. 147.81 feet to the westerly right of way line of Burdock Drive; thence N.00o24'14"E. 31.45 feet along said westerly right of way line to the northwest corner of said Lot 733,thence N.89o49'31"W.26.50 feet along the northerly subdivision boundary line; thence N.39o48'27"W. 185.81 feet to said westerly boundary line; thence N.l9o43'14"W. 145.57 feet along said westerly boundary line to the point of beginning. The above described easement contains 20,255 square feet or 0.465 acre in area, more or less. EXHIBIT "A" Cont. (Amended Legal Description of Existing Easement) Tax ID No's 14-23-400-037, 14-23-400-031 Parcel No. 4009:4E A perpetual easement, upon part of an entire tract of property in the SWI/4SE|i4 and the NWl/4SEl/4 of Section23,T. I S., R. 2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the westerly boundary line of said entire tract, which point is 2011.58 feet N.89'38'10"W. along the quarter section line and l37l.l9 feet S.00o2l'50"W. from the East Quarter comer of said Section 23; and running thence N.07o48'22"E. 107.60 feet along said westerly boundary line; thence N.35o29'33"8. 483.94 feet to the easterly boundary line of said entire tract; thence S.04o06'32"W. 96.00 feet along said easterly boundary line; thence S.35o29'33"W. 497.26 feet to the point of beginning. The above described easement contains 24,527 square feet or 0.563 acre in area, more or less. EXHIBIT "A" Cont. (Amended Legal Description of Existing Easement) Tax ID No. 14-23-25 1-01 0 Parcel No. 4009:8E A perpetual easement, upon part of an entire tract of property in the SWI/4NE1 14 and the NWI/4NEl/4 of Section 23, T. I S., R. 2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the northerly highway Right of Way Line and No-Access Line of the Mountain View Corridor, which point is 1669.13 feet N.89"38'10"W. along the quarter section line and 96.97 feet N.00o21'50"E. from the East Quarter corner of said Section 23; and running thence N.00o2l'23"E. 1528.54 feet to the westerly highway Right of Way Line and No-Access Line; thence 5.20"21'25"E. l4l .37 feet along said westerly highway Right of Way Line and No-Access Line; thence S.00o2l'23"W. 1389.87 feet to said northerly highway Right of Way Line and No-Access Line; thence S.83o00'48"W. 50.41 feet along said northerly highway Right of Way Line and No-Access Line to the point of beginning. The above described easement contains 72,959 square feet or 1.675 acres in area, more or less. EXHIBIT "8" (Amended Map of Existing Easement) XE COR OF sEC. 26 solTI =tNI Pr ol \l a .A9e ASae2-4 4'o^2;b a"f UDOI 26-20r -005 n4 LINE A N0N-EXCLUSTVt PTRPTTUAL EASEMENT +"; \" UPId t4-26-201-005 NWl/4 NEl/4 OF SEC.26 LoT 752 N89'49'5',t'W 26.50' I N0024'l+'E 31.45'=lot 6l \ ROCKY MOUNTAIN POIER 14-26-252-001 LoT 733 LOT 7JI ooDF A<<aJ a & v?xH& ra NN-t6 s{a LOT 7JO =l ROCKY ITOUNIAIN POIIER l4-26-252-00J LoT 735 swl/4 NEI/4 OF SEC.26 4009:2E AREA = 20,255 5F, 0.165 AC this drowing should be used only os o representotion of the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines ond oppurtenonces is subject to chonge within the boundories of the described eosement oreo. SCALE:N.T.S. I DATE: 03/10/2015 EXHIBIT "B" PORTION SEC.26, T.IS., R.2W., SLB&M SALT LAKE COUNTY, UTAH BY:GKDICKD:TBIAPP: MERIDIAN!NOtittlttl'ao, tre6tffiffi@ara EXHIBIT .68' (Amended Map of Existing Easement) E 1/4 CoR. 0F stc. 2J UDOT l4-2J-400-0J1 4^Op'O(VE=daOr >sl! F- -@z.=<EtsrZ t--88 ^aJ NWl/4 SEli4 OF SEC.23 40 ACTE LINE UDOT 14-23-400-037 swl/4 sE1/4 oF sEC.23 4009:4E AREA = 24,527 SF, 0.565 AC This drowing should be used only os o representotion of the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines ond oppurtenonces is subject to chonge within the boundories of the described eosement oreo. SCALE: N.T.S. I DetE: 03/10/2015 EXHIBIT "B' PORTION SEC.23, T.1S., R.2W., SLB&M SALT LAKE COUNTY, UTAH BY: GKD I CKD: TB I APP: MERIDTANENOIN!IRIX(,, !NC.qtdnffi@ImaE'm@sx.re0r)crxla(ar)*rxa i;n;lcgSS,lHI EXIIIBIT'B', (Amended Map of Existing Easement) NWl/4 NEI/4 OF SEC.23 zl-t- t? NEl/4 NEI/4 OF SEC.23 s2021'25'E 141.37' 40 ACRE LINE swl/4 NE1/4 OF SEC.23 UNE A NON-EXCLUSVE PERPElUAL EASEMENT I d^I O9I es| 1,4, 83I ri| 5E)oT 49I a&I EE| >J SEl/4 NE1/4 OF SEC.23 lvl=t-le E 1/4 CoR. 0F sEc. 2J 4009:6E AREA = 72,959 5F, 1.675 AC Ihis drowing should be used only os o representotion of the locotion of the eosement being conveyed. ond oppurienonces is subject to chonge within the boundories of the described eosement oreo. The exoct locotion of oll structures, lines <i -d S'la = s8J!0'48"V{ 50.41' SCALE: N.T.S. I Oete: O}n}t2ots F,XHIBIT "8" PORTION SEC.23, T.1S., R.2W., SLB&M SALT LAKE COUNTY, UTAH BY:GKDICKD:TBIAPP: I \ r.renrDrAN '6[ irr.srcrotl' <anlrr'v r\r lxolNlltlNo. rNc.-, czEnmm.brfr^7 wmwsrc-iil(Di)ryrr! ilG)ctxa ATTACHMENT D 2OI5 AMENDED RIGHT.OF-WAY AND EASEMENT AGREEMENT (AMENDMENT TO 2002 KERN RIVER TRANSMTSSION COMPANIY RIGI{T- OF WAY AND EASEMENT AGREEI\GTT) WFIEN RECORDED PLEASE RETURN TO: Rocky Mountain Power Attn: Lisa Louder /bk 1407 West North Temple, Suite I l0 Salt Lake City, Utah 841l6 2015 AMENDED RIGHT-OF.WAY AIID EASEMENT AGREEMENT This 2015 Amended Right of Transmission Company Righrof-Way C. and Easement Agreement to the Kern River Gas Easement Agreement ("Amended Easement") is way and entered into this day of 2015 by and between PacifiCorP, an Oregon corporation, d/b/a Rocky Mountain Power (o'Grantor") and Kern River Gas Transmission Company, a Texas general partnership ("Grantee"). Grantor and Grantee are referred to in this Amended Easement individually as a "Party" and collectively as the "Parties." B. RECITALS Grantor entered into that certain Kern River Transmission Company Right-of-Way and Easement Agreement dated the 26th day of September,2002, recorded in the Office of the Salt Lake County Recorder as Instrument No. 8378527, Book 8661, Page 7634-7691, (the "Existing Easement"), wherein Grantor conveyed a right-of-way and easement to Grantee for the purpose of installing and maintaining a single natural gas pipeline. Pursuant to that certain Utility Relocation and Property Exchange Agreement (the "Utility Agreement") entered into among Grantor, Grantee, and the Utah Department of Transportation ("UDOT"), Grantee has agreed to relocate a segment of the existing natural gas pipeline in connection with UDOT's Mountain View Corridor Project which relocation will continue to be on land owned by Grantor. Pursuant to the Utility Agreement, Grantor and Grantee agreed to amend the Existing Easement to provide for the relocation of the existing natural gas pipeline as more particularly set forth herein and described in Exhibit A and as shown in Exhibit B attached hereto and by this reference made a part of this Amended Easement. Grantee desires to continue to use the prior easement area and to use the new easement area during construction of the new pipeline. D. NOW THEREFORE, in exchange for the mutual promises and benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Existing Easement as follows: l. A portion of the natural gas pipelines currently located pursuant to the Existing Easement ("Current Pipeline Location") shall be relocated to a new alignment as more particularly described and depicted in Exhibits A and B ("Relocated Pipeline Location"). Grantor does hereby grant to grantee a new easement for the Relocated Pipeline Location at the location described and depicted in Exhibit A and as shown in Exhibit B. All of the terms and conditions set forth in the Existing Easement and all subsequent Amendments, including but not limited to the Encroachment Agreement between PacifiCorp and Grantee dated August 5, 2002, shall govern the new easement for the Relocated Pipeline Location. 2. Until Grantee executes and delivers to Grantor a mutually acceptable partial release of the Existing Easement as to the Current Pipeline Location, all of the terms and conditions set forth in the Existing Easement and all subsequent Amendments, including but not limited to the Encroachment Agreement between PacifiCorp and Grantee dated August 5,2002, shall remain in full force and effect as to the Current Pipeline Location. 3. Except as expressly amended hereby, all other locations of the Existing Easement and all terms thereof shall continue in full force and effect. tN WITNESS WHEREOF, the parties have duly executed, sealed and delivered this 2015 Amended Easement on the day, month, and year first written above. GRANTOR: PacifiCorp, an Oregon corporation d/b/a Rocky Mountain Power BY: ITS: ACKNOWLEDGEMENT STATE OF UTAH ): ss. COUNTY OF SALT LAKE ) I hereby certify that on this _ day of 2015, before me, a Notary Public of the state and county of aforesaid, personally appeared known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he is the of PACIFICORP, an Oregon corporation, dlbla Rocky Mountain Power, that he has been duly authorized to execute, and has executed the same in my presence, the foregoing instrument on behalf of the said entity for the purposes therein set forth, and that the same is its act and deed. )'. Notary Public My commission expires GRANTEE: Kern River Gas Transmission Company BY: ITS: ACKNOWLEDGEMENT STATE OF UTAH ): ss. COUNTY OF SALT LAKE ) I hereby certify that on this _ day of ,2015, before me, a Notary Public ofthe state and county ofaforesaid, personally appeared known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who acknowledged that he is the of Kem River Gas Transmission Company, a Texas general partnership, that he has been duly authorized to execute, and has executed the same in my presence, the foregoing instrument on behalf of the said entity for the purposes therein set forth, and that the same is its act and deed. Notary Public My commission expires EXHIBIT "A' (Easement Description) Tax ID No's. I 4-26 -252-015, 14-26-252-001, I 4 -26 -252-002, | 4 -26 -20 I -003, I 4 -26 -20 I -00 5 Parcel No. 4009:3E A perpetual easement, upon part of an entire tract of property in Lots 733 and734, Meadowlands Subdivision Phase 7, a subdivision recorded as Entry No. 7530254 in Book 99-l2P atPage 324 in the Office of the Salt Lake County Recorder, and in the SWl/4NEll4 and the NWI/4 NE1/4 of Section 26,T.1 S., R. 2W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the southerly highway Right of Way Line and No-Access Line of the Mountain View Corridor, which point is 2097 .46 feet N.89'50'23"W. along the section line and 77.61 feet S.00o09'37"W. from the Northeast Comer of said Section 26; and running thence S.04o08'09"W.262.16 feet; thence S.18"46'43"E.700.37 feet; thence 5.39o48'27"E. 637.52 feet to the westerly highway Right of Way Line and No-Access Line of said Mountain View Corridor; thence 5.20o42'02"8.23.75 feet along said Right of Way Line and No-Access Line; thence S.09'39'12"E. 340.67 feet along said Right of Way Line and No-Access Line; thence S.00o23'21"W. 122.50 feet along said Right of Way Line and No-Access Line; thence N.07"34'44"W. 389.98 feet; thence N.39"48'27"W . 127.06 feet; thence N.00'24'38"8.38.72 feet; thence N.39'48'27'W.529.69 feet to the westerly boundary line of said entire tract; thence N.19"43'14"W. 742.44 feet along said westerly boundary line; thence N.04o06'32"8.266.56 feet along said westerly boundary line to said southerly highway Right of Way and No-Access Line; thence N.89'15'40"E.23.66 feet along said highway Right of Way Line and No-Access Line to the point of beginning. The above described easement contains 43,174 square feet or 0.991 acre in area, more or less. EXHIBIT "A" Cont. (Easement Description) Tax ID No's. l4-23 -400-037, 14-23-400-031 Parcel No. 4009:5E A perpetual easement, upon part of an entire tract of property in the SW1/4SE1/4 and the NW1/4SEl/4 of Section23,T.l S., R.2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the westerly boundary line of said entire tract, which point is 2037 .93 feet N.89o38'10"W. along the quarter section line and 1753.83 feet S.00o2l'50"W. from the East Quarter corner of said Section 23; and running thence N.03o02'02"8. 281.66 feet along said westerly boundary line; thence N.07o48'22"E. 102.15 feet along said westerly boundary line; thence N.35"29'33"8. 497.26 feet to the easterly boundary line of said entire tract; thence S.04o06'32"W. 48.01 feet along said easterly boundary line; thence S.35o29'33"W. 499.81 feet; thence S.04o06'19"W.333.37 feet to the point of beginning. The above described easement contains 13,440 square feet or 0.309 acre in area, more or less. EXHIBIT "A" Cont. (Easement Description) Tax ID No. 14-23-400-031 Parcel No. 4009:6E A perpetual easement, upon part of an entire tract of property in the NWI/4SEl/4 of Section 23, T. I S., R. 2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the southerly highway Right of Way Line and No-Access Line of the Mountain View Conidor, which point is 1669.20 feet N.89o38'10"W. along the quarter section line and 105.18 feet S.00'21'50"W. from the East Quarter comer of said Section 23; and running thence S.04o06'32"W. 381 .12 feet along the easterly boundary line of said entire tract; thence N.00'21'37"8.384.76 feet to said southerly highway Right of Way and No-Access Line; thence 5.79"29'30"8.25.31 feet along said southerly highway Right of Way and No-Access Line to the point of beginning. The above described easement contains 4,793 square feet or 0.110 acre in area, more or less. EXHIBIT "A" Cont. (Easement Description) Tax ID No's. 14-23-251-010, 14-23-201-004 Parcel No. 4009:7E A perpetual easement, upon part of an entire tract of property in the SWI/4NEI 14 and the NWI/4NEl/4 of Section23,T.1 S., R.2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the northerly highway Right of Way Line and No-Access Line of the Mountain View Conidor, which point is 1669.13 feet N.89'38'10"W. along the quarter section line and 96.97 feet N.00'21'50"E. from the East Quarter comer of said Section 23; and running thence S.83"00'48"W.25.21 feet along said northerly highway Right of Way Line and No-Access Line; thence N.00o2l'23"E. 1597.88 feet to the westerly highway Right of Way Line and No-Access Line; thence 5.20"21'25"E. 70.68 feet along said westerly highway Right of Way Line and No-Access Line; thence S.00o2l'23"W. 1528.54 feet to the point of beginning. The above described easement contains 39,082 square feet or 0.897 acre in area, more or less. TOGETHER WITH: A perpetual easement, upon part of an entire tract of property in the NWl/4NEll4 of Section 23, T. I S., R. 2 W., S.L.B. & M. The boundaries of said easement are described as follows: Beginning at a point in the westerly highway Right of Way Line and No-Access Line of the Mountain View Corridor, which point is 1671.80 feet N.89'38'10"W. along the quarter section line and 1719.76 feet N.00o2l'50"E. from the East Quarter corner of said Section 23; and running thence S.65o59'04"W. 24.75 feet along a southerly highway Right of Way Line and No-Access Line; thence N.00o2l'23"E. 56.63 feet to said westerly highway Right of Way Line and No-Access Line at a point in a 964.32 foot radius non-tangent curve to the right; thence southeasterly 51.60 feet along the arc of said curve and said westerly highway Right of Way Line and No-Access Line (Note: Chord to said curve bears 5.25"32'55"E. for a distance of 51.60 feet) to the point of beginning. The above described easement contains 650 square feet or 0.015 acre in area, more or less. The combined area of the above described easements is 39,732 square feet or 0.912 acre in area, more or less. EXHIBIT "8" (Amended Map of Existing Easement) SECIIOI'I UNI N 1/{ CoR. 0F sEc. 26 NE COR, OF sEc. 26 Exist. R/W Line l]p zl UOOT 14-26-201 -005 a\ UNE 8 NON-EXCLUSIVE PERPETUAT EASEMENTNWI/4 NEI/4 OF SEC.26 NE1/4 NE1/4 OF SEC.26 .rs ROCKY MOUNTAIN 'O*'**d 40 ACRE LINE 14-26-252-N2 LOT 7J4 uoor I s20'12'02"E 23.75' o D oz J>oor N0024 38.72' r A !zOa dDt0 LOT 7J5 LOT 7J6 NS4€2?'l,V 127.06' LOT 8 SWI/4 NE1/4 OF SEC.26 SE1/4 NEI/4 sos're'12'E 140.67' OF SEC.26 N07'34'44'W J89.98' 6 IJq!lF< NI HrvY R/[I & N/A UNE LoT 728 z,-t,,, 4009:JE AREA = 43,174 SF, 0.991 AC This drowing should be used only os o representotion of the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines ond oppurtenonces is subject to chonge within the boundories of the described eosement oreo.Lor 725 t0T t0T 729 A s00'2J'21"W 122.50' N8915'40'E 23.66' BASIS OF BEARING N89'50'23'rV 2642.35' d^o9 =€d=da ^ilB* 2HZa; <4FE =a>f I I I DATE:04/07/2015 EXHIBIT "B' PORTION SEC.26, T.IS., R.2W., SLB&M SALT LAKE COUNTY, UTAH EXHIBIT "B" (Amended Map of Existing Easement) I I I+ I I I I I I I _t 6r NIIrtl-st a; E 1/4 CoR. 0F sEc. 25 s04'06'32'W 4E.01' UOOT l4-2J-400-0J1 NW1/4 SEl/4 OF SEC.23 UNE B NON-EXCLUSIVE PERPEIUAL EASEMENT 40 ACRE LINE E^o !o'6o-E=EAocO>i+AJ F->xE5 r-<ffZt-xt swl/4 sE1/4 OF SEC.23 N03'02'02'E 281.66', UOOI r4-2J-400-037 4009:5E AREA = 1J,140 SF, 0.309 AC this drowing should be used only os o representotion of the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines ond oppurtenonces is subject to chonge within the boundories of lhe described eosement oreo. SCALE: N.T.S. I Oetr:03/10/20ts FXHIBIT"B" PORTION SEC.23, T.1S., R.2W., SLB&M SALT LAKE COUNTY, UTAH BY: GKD I CrO: tg I RPP: I/ \ MERTDTANw| rupr)ryn.rdllt)qxi EXHIBIT "8" (Amended Map of Existing Easement) E 1/4 CoR. 0F sEc_ 23 s7929'30'E 25.J1' rEl9 r=rh IE l- LINE B NON-EXCLUSIVE PERPE]UAL EASEMO'IT r r ttl z E^OE'Qo-p3az9Oa(J>ixlu t->*,9 Eoq *<ffZ*88 NW1/4 SEI/4 OF SEC.23 4009:6E AREA = 479J SF, 0.110 AC Ihis drowing should be used only os o representotion of the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines ond oppurtenonces is subject to chonge within the boundories of the described eosement oreo. SCALE: N.T.S. I nere: 03/10/2015 EXHIBIT "B" PORTION SEC.23, T.1S., R.2W., SLB&M SALT LAKE COUNry, UTAH BY:GKDICKD:TBIAPP: MERIDIAN EXHIBIT ..B" (Amended Map of Existing Easement) NWI/4NE1/4 OF SEC.23 \/ ^l(+oos, zd t ,Y t.. UNEB \ NON-EXCLUSIVE PERPETUAL EASEMENT s2o'?1'25'E L 70.68' 40 ACRE LINE swl/4NE1/4 OF SEC.23 LINE B NON-EXCLUSIVE PERPEIUAL EASEMENT F z Hvf( Rl{ & N/A UNE N83!0'48'E J 25.21' 4009:7E AREA = J9,7J2 SF, 0.912 AC This drowing should be used only os ond oppurtenonces is subject to cho II t: lq NE1/4NEI/4 OF SEC.23 I_t-,----t--- I I I| ,o ocnr ,,ur d^o9E€&=da U>>I@tFEZ,o<.tz? BE>J SE1/4 NEl/4 OF SEC.23 R=964.J2' L=51.60' CflL=51.60' 1 CtlB=S25T2'55"E NWl/4 NE1/4 OF SEC.23 IP.0.8. I I ,/r'too2r'2J'E/ 56.6JI /'-I (4009:7 I t\ t-,--E rF s65'59'04'lv 24.75' 7t lu l= +T-t cr/?-Noo?r'5;',ive6.e7' I T .1EJ/,|.:E%{N69'JE l0-W l669.lJL oUARTER sEcTroN LINE o representotion ol the locotion of the eosement being conveyed. The exoct locotion of oll structures, lines nge within the boundories of the described eosement oreo. :\ SCALE: N.T.S. I DATE: 03/10/2015 EXHIBIT "B" PORTION SEC.23, T.1S., R.2W., SLB&M SALT LAKE COUNTY, UTAH BY:GKDICTO:relAPP: I/ \ MERTDTANl r , INOINIIRINO.INC. \f / .!?eftrerEEffi^-l i*(Di).{ra;a0t)G$. irinl"*'*"t*::