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HomeMy WebLinkAbout20170915Notice of Affiliate Transaction.pdfD SPacrnEonp ) l'-'rf R. Jeff Richards- ^ I Vice President and General Counsel 1407 W. North Temple, Suite 320 salt Lake cia, uT 84116. 801-220-4734 Ollice ' j eff . r i c h a r d s @t a c ifi c o r p. c o m September 15,2017 VIA OVERNIGHT DELIVERY Idaho Public Utilities Commission 472West Washington Boise,ID 83702-5983 Attention: Diane Hanian Commission Secretary PacifiCorp Notice of Affiliate Transaction Case No. PAC-E-05-8 Dear Ms. Hanian: This letter will serve as notice pursuant to Commitmentl 17(2), incorporated in the Idaho Public Utilities Commission OrderNo.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 "Berkshire Hathaway Energy Company" or "BHE"), of an affiliate transaction with Kern River Gas Transmission Company (Kem River), relating to certain post-construction amendments to real estate easement agreements between the companies. The contracts underlying the current proposed amendments were filed with the Commission as part of an affiliate transaction notice filing on October 8,2015. The proposed amendments relate solely to change in the legal description, and map, of the subject property. PacifiCorp is a wholly-owned indirect subsidiary of Berkshire Hathaway Energy Company (BHE). Kern River is also a wholly-owned indirect subsidiary of BHE. Therefore, BHE's ownership interest in PacifiCorp and Kem River creates an affiliated interest relationship between PacifiCorp and Kern River in some PacifiCorp jurisdictions. Kern River owns and operates the Kern River pipeline system, which transports natural gas to California, Nevada, and Utah. Certain of Kern River's Utah pipelines are in an area being used by the Utah Department of Transportation (UDOT) as part of its Mountain View Corridor Project.r Kern River has two pipelines (Pipelines) that encumber PacifiCorp rights of way by virtue of existing permanent easement agreements entered into by PacifiCorp and Kern River in 1991 and 2002. As detailed in the Company's October 8, 2015 filing, UDOT required Kern River to relocate portions of these Pipelines to accommodate the Mountain View Corridor. To allow Kern River to accommodate UDOT's directive, in 2015 the Company executed amendments to the permanent easement agreements to reflect the relocation alignment. Also in I The Mountain View Corridor is a planned freeway, transit and trail system project in westem Salt Lake and northwestern Utah counties. See http://www.udot.utah.gov/mountainvieil. Re Diane Hanian Notice of Affiliate Transaction September 15,2017 2015, PacifiCorp executed two new easement agreements with respect to adjacent PacifiCorp parcels that were not previously encumbered. Subsequently, during construction of Kern's pipeline relocation, a previously unknown sewer line was discovered by Kern and UDOT, requiring a slight adjustment to the designed pipeline location. As a result, the easement locations amended in 2015 require additional amending to facilitate "truing" up of the final as-built location. The true-up involves amending the legal description and map for the four previously executed amendments. These amended easement agreements (collectively, the Agreements) are attached to this letter as Exhibits A throueh D. After giving effect to the transactions contemplated in the Agreements, the Pipelines will continue to encumber approximately 5.1 acres of PacifiCorp property. No dollars were exchanged for the original 2015 amendment, and no monetary compensation is proposed for the necessary post-construction amendments. 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 not change 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. Jeff Vice President and General Counsel PacifiCorp Enclosures Retum to: Rocky Mountain Power Lisa lnuder/Brad Knoles 1407 WestNorthTemple Ste. 110 salt Iake city, uT 84116 A]VIENDMENT TO EXCLUSIVE ruGHT-OX'-WAY AI\D EASEMENT This Amendment to the Exclusive Right-of-Way and Easement Agreement ('Amendment to Easement') is entered into this day of . 2017, by and between PacifiCorp, an Oregon corporation, d/b/a Rocky Mountain Power ("Grantof') and Kern River Gas Transmission Company, a Texas general parfirership ("Crrante0"). Cirantor and Grantee are sometimes referred to in this Arneirdment to Easement individually as a o'Party" and collectively as the '?arties." RECITALS A. Whereas, on October fth, 2015, Grantor and Crrantee entered into that certain Exclusive Right of Way and Easement Agreement recorded in the Offrce of the Salt Lake Cormty Recorder as Instrument No. 12166237, Book 10377, Pages 49844987 ('Excltsive Easement'), wherein portions of Kern River's natural gas pipelines were to be relocated to the area described and depicted in the Exclusive Easement. B. Whereas, in this Arnendment to Easement, the Parties desire to correst and replace the legal descriptions of a certain portion of Kern River's natural gas pipelines described in the Exclusive Easement to account for discrepancies in Crrantee's planned location of the prpeline and the "as-built" location of the pipeline. NO% TffiREFORE, for good and valuable consideration, the receipt and sufficiency of which are aclmowledged, the Grantor and Grantee agree as follows: 1. Grantor aod Grantee hereby comect and re.place that certain legal description and Exhibit contained h Exhibit "A" of the Exclusive Easement relating to that certain parcel labeled 4009:E with the legal description set forth and further depicted in Exhibit A-l attached hereto. 2, The Exclusive Ease'ment is hereby amended to incorporate ajury waiver clause as follows: TO Tm FULLEST EXTENT PERIIIITTED BY LAW, EACU OX'TIIE PARTMS HERETO WATVES ANTY RIGIIT IT IUAY HAYE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ^A,RISINGouT oF, UNDER OR IN CONI\IECTTON WITH THrS AGREEMENT. EACrr PARTY T'URTIIER WATVES AI\TY RIGHT TO CONSOLII}ATE, OR TO REQIIEST THE CONSOLTDATION Or, ANY ACTION IN WHrCH A JURY TRIAL HAS BEEN WATVED WITH AIYY OTIIER ACTION IN WHICII A JURY TRIAL CAIYNOT BE OR HAS NOT BEEN WAIIIED. 3. Except as expressly set forth herein, all other terms and conditions of the Exclusive Easement shall rernain in full force and effect. GRA}{TOR: PacifiCorp, an Oregon corporation d/bla Rocky Mountain Power BY: TTS: ACKNOWLEDGEMENT STATE OF UTAH ) ) SS.ss. couNTYoF SALTLAKE ) I hereby ceftiry that on this - day of 2017, before me, aNotary Public of the state and county of aforcsai{ personally appeared , known to me or satisfactorily proven to be the person whose oame is subscribed to the foregoing instrument, who acknowledged that he is the of PACIFICORP, an Oregon corporation, dlblaRocky Mormtain 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 fortlq and that the sarne is its aot and deed. Notary Public My commission expires GRANTBE: Kern River Gas Transmission a Te:ras S. ChecketB Vice-President ACKNOWLEDGEMENT STATE OF UTAH COIJiiTY OF On this 2\-lzpersonally appearcd before me Robert S. Cheoketts, who being by me srvorn, did state that he is the Vice-hesident of Kern River Gas Transmission Company, a Texas general partncrship, andthatthe withinandforegolng instrument was signed by adhority of Kem River Cras Transmission Company, and Robert S. Checketts acknowledged the instnrment to be the Aee act and deed of Ker:r River Cras Transmission Company. Notary State ofUtah Mycommisison "*prrcs: J-4'ti4? ) ) ) ! corlla]oil,ttr0ilcoxil.Ep. of Exhibit "A' (Easement Description) Tax lD No's. 1 4-2G2 52-002, 1 4-%-252-N3 &14-26252415 ParcelNo.4009:E An exclusive rightof-way and easement, upon part of an entire tact of property, sifuate in Lots 733,7U and 735, Meadowlands Subdivision Phase 7, a suMivision remrded as Enfry No. 7530231in Book 99-12P at Page 324 in the Offce of fie Salt Lake County Recorder, and in he 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 bllows: Beginning at a point 1552.39 feet N.89'50'23'W. along he section line and 1425,70 feet S,00'093fW. fiom tre Norheast Comer of said Section 26; and running hence S.00'10'26'W. 91.03 feet to a point in the soufrerly lot line extsnded of said Lot 735; fience N.89"49'19'W. 50.00 tuet along said southerly lot line extended; trence N,00"10'26'E. 150.85 bet; thence S.39'42'56'E .n,97 feet to he point of beginning. The above described easement contains 6,M7 square fuet or 0.139 acre in area, more or less, trx r/. cG.GlEC,6 BA$S r ErRrC t{a1i0'2JT 2612.35 I ltm,crc, s€cl(,r urE IVI t 1562.3 Y v REfi Iq,}[TAI{ POHR 11-26-252-$ r0T 7J,r, I I I rkl6 t; 'L iH ROfiY TOJIITAN FOIIIR t1-2?-257-@2 Lol 7v a F h6 EE E H P.0.8. rurY rofiTril Pom 1{-26-252-00r, toT 7J5 _aq5 F li *rp&t r1-26-252-015 iiotiiE! LOT 7J6 Erl.lhEtortlal lmgE rnEA. 0,017 St, 0.lJg AC lhis droring should bc uscd otly os o r€prelcntotion of the locotioo of thc cosancnt bchg conwpd. Ihc exoct locotion ol oll slructures, lincs ond Spurtenonccs is $bjrct to dtmgc rithin the boundorics of thc dcscrbed costn€nt oreo. c Lt{E A EXCLr.6r\[ PERPERJA Elsiltltr ir09'19'r9'u 50.ff 8 Etr -ao E2 BY:GKD CKD:18 APP:SCILE: N.T.S.DlilE,:O3?lt20t6 r8&*aaFFa[sr EXIItsNA PORIIONSBC.26, T.1S.,MW., SLB&II,I SALTI.AKE@['NIY. UTAH swl/4M1/4 oF sEc.26 t.- Retrrn to: Rocky Mountain Power Lisa louder/Brad Knoles 1407 WestNorth Temple Ste. 110 Salt Lake City, UT 84116 AMENDMENT TO RIGHT.OT.WAY AND EASEMEI{T This Amcndnrent to the Right-of-Way and Easement Agleement ("Arnendmeirt to Easemenf) is entered into this day of_ 2017,by and between PacifiCorp, an Oregon corporatiorl d/b/a Rocky Mountain Power ("Crantor') and Kern River Gas Transmission Compmy,tTexas general partrership ("Crrantee"). Grantor and Crrantee are sometimes referred to in this Amendment to Easement individually as a "Party''and collectively as the "Patties." RECITALS A. Whereas, on October 2rfr,2015, Crantor and Crrantee entered into that certain Kern River Gas Transmission Company Right of Way and Easement Agreement, rccorded in the Office of the Salt Lake County Recorder as Instnrment No. 12166238, Book 10377, Pages 4988-4995 ('Easement Agreement"), wherein portions of Kern River's natual gas pipelines were to be relocated to the area described and depicted in the Easeme,nt Agreement. B. Whereas, in this Amendment to Easernent, the Parties desire to correct and replace the legal descriptions of a certain portion of Kern River's natural gas pipelines described in the Easement Agreonent to account for discrepancics in Grantee's planned location of the pipeline and the "as-built" locaton of the pipeline. NOW TIIEREX'ORE, for good and valuable consideratioq the reoeipt and sufficiency of which are acknowledged, the Crrantor and Grantee aglee as follows: 1. Grantor and Grantee hereby correct and replace that certain legal description and Exhibit contained in Exhibit "A" of the Easement Agree,ment relating to that certain parcel labeled 4009:1lE with the legal description set forth and firther depicted in Exhibit A-1 attached hereto. 2, The Easement Agreernent is hereby amended to incorporate a jury waiver clause as follows: TO Tm FULLEST EXTENT PERMITTED BY LAW, EACE OX'TIIE PARTIES IIERETO WAIVES AI\TY RIGIIT IT MAY IIAVE TO A TRIAL BY JT'RY IN RESPECT O['LITIGATION DIRECTLY OR INDIRECTLY ARISING ouT ox" UNDER oR IN COI\INECTION WTIH THrS AGREEMENT. EACH PARTY NIRTIMR WATVES AI\TY RIGITT TO CONSOLIDATE, OR TO REQUEST TIIE CONSOLIDATION OX" AI\ty ACTION rN WIilCH A JURY TRIAL HAS BEEN WAIVED WITH Ai\TY OTHER ACTION IN WItrCH A JURY TRHL CANNOT BE OR HAS NOT BEEN WATVEII. 3. Except as expressly set forth herein, all other terms and conditions of the Easement Agreement shall remain in full force and effect.. GRANTOR: PacifiCorp, an Oregon corporation d/b/a Rocky Mountain Power BY ACKNOWLEDGEMENT ITS STATE OF UTAH ) ) SSss. COUNTY OF SALT LAKE ) I hereby certiff that on this - day of 2017, before me, aNotary 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 instument, who acknowledged that he is the of PACIFICORP, an Oregon corporation, dlblaRocky Mountain Power, that he has been duly authorized to oxecute, and has executed the same in my prcsence, the foregoing instnrment on behalf of the said entity for the purposes therein set forltu and that the same is its act and deEd. Notary Public My commission expires GRAITITEE: Kem River Gas Transmission Company a Texas partnership Vice-Pnesident ACKNOWLEDGEMENT STATE OF UTAH COUNTY OF SALT LAKE on this d*, o1 frbr' / .z[lz-personally appeared before me Robert S. Checketts, who being ti met@-state that h€ is the Vice-President of Kern River Gas Transmission Company, a Texas general partnership, and thd the within and foregoing instnrmmt was signcd by authority of Kern River Gas Transmission Company, and Robert S. Cheoketts acknowledged the instnrment to be the free act aud deed of Kemr River Gas Transmission Company. S ) ) ) M Gi:A,tliAlllE flil8Eufrt rcn rfPtg.E{ar;AJX corrtsstort tltcltciln Notrrrynfy', Mycommisison State of Utah "*po"r, /%/)oo EXHIBIT "A" @asement Description) Ta:r ID No's. 14-25 -252-015, 14-26-27 6-022 Parcel No. 4009:118 A perpetual easement, upon part of an entire tact of properfy in the SV/l/4NEll4 of Section 25, 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 Kem River Gas easement which intersection is 1337.13 feet N.89o48'38'W. along the quarter section line and 301.35 feet N.00ol l'22uF,. from the East Quarter comer 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 1841+94.69; and nmning 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.00"19'46'8. 158.69 feet along said westerly line; thence N.07"30'09'W. 208.92 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: (1) N.00'23'2l"E.l2l.6l feet; thence (2) N.09"39'12'W. 340.67 feet; thence (3) N.20'42'02uW.52.83 fe* to a point 210.77 feet radially distant westerly from said control line opposite engincer station L853+27.1I; thence S.39"4546"E. 107.40 feet; thence 5.07"30'09"8. 639.78 feet to the easterly line of said existing easement; thence S.00o19'46uW. 162.18 feet along said easement to the point of beginning. The above described agreement contains 37,034 square feet in axea or 0.850 acre, more or less. LOT B Lor 7+1 LOT 7,IJ LoI 7alt LOI 71(i LOT 7Y LOT 7J6 LOT 7J6 Lor 757 F LoT 738 OI 7J9 LoT 7.{l tor 712 s59'15.61 l*l= lq 3 !07.{d '6 ci F -o F- I I2 o afI UTATI POIIE & uelT c0.t+fr-?5.2-gt5 ,tt I I! sw1/4 NE1/4 oF sBc.26 rrl cm. (r ltc a sEl/4N81/4 oF sEc.26 I I.DOT ilor-ucurg\iE ffRPEruAt EASEIE{T P.0.8. BmTDDAM tlI- IEo s[89J5 16'U 50.0d iloor2fE yr.36 rL7.rJ 10@1lE lnt = Y,O54 SF, 0.Eli0 AC this drowing $ould bc used mly 03 o retsmentotion of thc locotion of thc eosemcnt bchg conwpd. lha eroct locolist of 4; 3lruq{up6, lincr ond oppurtaronces is subpt to chonge rithin tha boundories of thc dcscrbad utility ogrecmcnt orco. { =- tsdI F t BY: GKD CKD TB APP:DATE:$NIDOI6SCA.LE: N.T.S.EXIItsITB PORIrON SEC.25, T.ls.,R-2W., StB&Ivl SALT I,AKB COUNIY. T]TAII a T B 1a E-q I + When Rccordcd, Rctum to: PacifiCorp Ata: Lisa Loudcrrblooles 1407 WcstNorthTemplc, Suite 110 salt Lakc city, utah 84116 AMENDMENT TO 2OI5 AMEI\IDED RIGITT.OF.WAY AIYD EASEMENT AGREEMENT This Amendment to the 2015 Amended Right of Way and Easement Agreement ("Amendment to Amended Easement') is entered into this day of_,20- by and between PacifiCorp, an Oregon corporation, dlblaRocky Mountain Power ('Grantot'') and Kem Nver Gas Transmission Company, a Texas general partnerstrip ("Grantee"). Grantor and Crrantee are sometimes referred 1p il this Amendment to Amended Easement individually as a "Part/'and collectively as the "Parties." RECITALS A. Whereas, Grantor and Grantee entered into tbat c€rtain Right-of-Way and Easement Agreement on September 9fr, 1991, recorded in the Office of the Salt Lake County Recorder as Instume,nt No. 5125257, Book 6355, Pages 1357-1360, and that certain Amended Ease,ment Agreeinent on September 28s, 1995, recorded in Office of the Salt Lake County Recorder as InstrumentNo. 6204445,8ook7262, Pages 2291-2323 (collectively, the "Existing Easeme,lrt'). B. Whereas, on October 2ndo2015, Grantor and Crrantee entered into that certain 2015 Amended Right-of-Way and Easement Agreement recorded in the Office of the Salt Lake County Recorder as InstnrmentNo. 12166240, Book 10377,Page 5007-2015 C'Amended Easement"), wherein portions of Kern River's nafural gas pipelines as described in the Arnended Easement were to be relocated as described and depicted in the Amended Easement. C. Whereas, in this Arnendment to Amended Easement the Parties desire to correct the "as builf'legal descriptions of certain portions of Kern River's natural gas pipelines described in the Amended Easement to account for discrepancies in Grantee's planned location of the pipeline and the "as-built" location of the prpeline. NOW THEREFORE, for good and valuable consideration, the receipt and sufficie,ncy of which are acknowledged, the Grantor and Grantee agree as follows: 1. Grantor and Grantee hereby correct and replace only that certain legal description and Exhibit relating to that certain parcel labeled 4009:28 of the Relocated Pipeline [,ocation (the Relocated Pipeline Location having been described and depicted in the Amended Easement in Exhibits A and B) with the legal description set forth and furttrer depicted in Exhibits A-l and B-l attached hereto. 2. The Existing Easeme,nt is hereby amended to incorporate ajury waiver clause as follows: TO Tm FIILLEST EXITNT PERMITTED BY LAW, EACII OF THE PARTIES IMRETO WAIVES ANTY RIGIIT IT IUAY HA\M TO A TRIAL BY JURY IN RESPECT OT'LITIGATION DIRECTLY OR nDTRECTLY ARTSING OUT OX" UNDER OR IN COIYNECTION WITH THIS AGREEMtrNT. EACH PARTY tr'IIRTIMR WAIVES AI\TY RIGHT TO CONSOLIDATE, OR TO REQUEST TIm CONSOLTDATION Otr" AI\TY ACTION IN WHICII A JURY TRIAL HAS BEEN WATVED WITE AI\TY OTIIERACTION IN WHICITAilIRY TRIAL CAIYNOT BE OR HAS NOT BEEN WAII/ED. 3. Except as expressly set forth herein, all other terms and conditions of the Amended Easement and Existing Easeme,nt shall rcmain in full force and effect, including those legal descriptions for Relocated Pipeline Iocations that are not expressly corrected and replaced hereby. GRA}.[TOR: PacifiCorp, an Oregon corporation d/b/a Rocky Mountain Power ACKNOWLEDGEMENT ITS STATE OF UTAH ) ) SSss. couNTY oF SALTLAKE ) I hereby certify that on this _ day of 2017,before me, a Notary Public of the state and county of aforesaid, personally appeared ffi;'ffi*#ffit$.T#",ffi:f," :llff Hlffi ;33T8:ffi ffi:x3,1#';,I:# 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 BY: GRAI.ITEE: Keru River Transmission Company a Vice-President ACtrC{OWLEDGEMENT STATE OF UTAH COI.JNTY OF SALT LAKE on this 7O a^y or bi/2O-n .personally appeared before me Robert S. Checketts, who b"i"g bf mc duly sworn, didstarc that he irthc Vice-Presidelrt of Kenr River Gas Transmission Company, a Texas general partnership, and that the within and foregoing instrument was signed by authority of Kern River Gas Transmission Company, and Robert S. Checketts acknowledged the inshment to be the free act and deed of Kern River Gas Transmission Company. s ) ) ) tea-,,' ,; N"t ryptic, Statc of Utah My comrrisison 7/,n,,j,?ld,Btw,lolryi ct{ARttAlt{E TIIISETAXU- colltt6tolt il80!t c0ffr.EIP. E)CIIBIT "A' @asemeut Description) Tax ID No's I 4-26 -252-04\ A-26-252-0A2, 1 4-26 -24 ,.003, I 4-26 -20 I -007 Parcel No. 4009:2E A perpetual eas€ment, upon part of an entire tract of property in Lots 733 and,T34,Meadawlands SuMivision Phase 7, a subdivision recorded as Entry No. 7530254 in Book 99-l2P at Page 324 lur-the Office of the Salt Lake County Recorder, and in the SWl/4NEl/4 and the NW1/4 NEI/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 bouudary line of said entire Eact, which point is 1897.78 fest N.89"5023"W. along the section line and 1012.26 feet S.00o09'37uW. from the Nortlreast Comer of said Section 26; and running thence S.39o42'56"E, 460.77 feet; thence S.00"1026'W. 77.97 feet; thence N.39o42'56'W, 139.30 fest to the easterly right of way line of Burdock Drive; thence N.00o24'14"8. 15.52 feet along said easterly right of way line to the northwest comer of said Irt 733, thence N.89"49'31'W. 13.04 feet along the northerly subdivision boundary line; thence N.39o42'55'W. 223.& feet to said westerly boundary line; thence N.l9o43'14'W. L46.23 feet along said westerly boundary line to the point of beginning. The above described easement contains 20,999 square feet or 0.482 acre in areq more or less. Page 1 of 1 il r/+ m.!r sr. 2t 0f BEAflNG 'st =-L B a P.0.8. RIIP UOOT1{-26-20r{E il0il-qqrsr\E EASf,@II Nryl/4NE1/4 oF sBc.26 oT 7U ilrg{d5r'l tt(r Ir{cffr4'E rtsd iiz EEEE Fg E swl/4M1/4 oF sBc.26 OT 7JI toT 7J0 R00fi lqrflil Poffi 1+-26-Ui2-.(x)3ull 735 1{Xl9;2E Af,EA. 20,S99 SF, O€2 rlc this drorhg should bc uscd only os o representotion of the locolion ol the cosarenl bcing conwpd. the exoct locstion of 0ll structurcs, lincg ond opprtcnonces is srb!:ct to ctonge rithin the boundories of the described eosement oreo. IPT- lFA-201-{t03 R(nfi Xlt{iAltl FOf,R 1+-20-252-gJ, toT 73J Rocfi roltlAt{F(IEl(.?,-xt-w.r0I 73{ SCALE: N.T.S.DATB:O1DlD0l6 EffiIBITA BORTION SBC.26, T.ls., R"2W., StB&Ird SALT L{KE COUNTT. UTAII BY: GKD CI(D TB APP: \ E/tor' Whcn Recordo4 Retrn to: PacifiCorp Attn: Lisa Louder/bkrcles l4O7 \YcstNorth Temple, Suite ll0 sslt l-ak€ city, utah 84116 AMENDMENT TO 2OT5 AMENDED RIGIIT.OT'.WA,Y AND EASEMENT AGREEMEI{T This Amendrnent to the 2015 Amended Right of Way and Easement Agreement (*Amendrncnt to Amended Easement") is entered into this day of 20L7,by and betrreen PacifiCorp, an Oregon corporation, d/b/a Rocky Mountain Power ("Grantor") and Kern River Gas Transmission Company, a Texas general parhership ("Grantee'). Grantor and Grantee are sometimes referred to in this Amendment to Amended Easement individually as a "Part5/" and collectively as the "Parties." RECITALS A. Whereas, Grantor and Crrantee entered into that certain Right-of-Way and Easement Agreement on Septeinber 2#,2002 reoorded in the Office of the Salt Lake County Recorder as Instrunent No. 8378527, Book 8661, Pages 7634-7691 ("Existing Easemenf). B. Whereas, on October 2ndo 2015, Grantor and Crranrce entered into that certain 2015 Amended Right-of-Way ard Easement Agreemeng recorded in the Office of the Salt Lake Connty Recorder as Insbrument No. 12166239, Book l0377,Page 4996-5006 ('Amended Easement"), wherein portions of the natural gas ptpelines as described in the Anaended Easement w€re to be relocated to a new alignment as firther described and depicted in the Amendpd Easement. C. Whereas, in this Amendme,nt to Amended Easement, the Parties desire to correct the "as built" legal descriptions of certain portions of the natural gas pipelines described in the Amended Easeme,nt to account for discrcpancies in Grantee's planned location of the pipeline and the "as-built" location of the pipeline. NOW TIIEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Grantor and Grantee agrce as follows: 1. Grantor and Grantee hereby correct and replace only that certain legal description and Exhibit relating to that c€rtain parcel labeled 4009:3E of the Relocated Pipeline Location (the Relocated Pipeline Location having been described and depicted in the Amended Easement in Exhibits A and B) with the legal descriptions set forth and furttrer depicted in Exhibits A-1 and B-1 attached hereto. 2. The Existing Easernent, is hereby arnended to incorporate a jury waiver clause as follows: TO TIIE I'ULLEST EXTENT PERIIITTED BY LAW, EACH OF TEE PARTIES HERETO WATVES ANTY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISTNG OUT OF, UNDER OR IN COIYI\IECTION WITII THIS AGREEMENT. EACII PARTY FT]RTIIER WATVES AI\[Y RIGIIT TO CONSOLIDATE, OR TO REQUF-ST TIIE CONSOLTDATION OX.' Atty ACTION IN WIIICH A JT]RY TRIAL IIAS BEEN WAI\{ED WITII ANTY OTHER ACTION IN WHICH A JURY TRIAL CAI\INOT BE OR IIAS NOT BEEN WAIVED. 3. Except as expressly set forth herein, all other terms and conditions of the Arnended Easernent and Existing Easement shall remain in full force and effect, including those legal descriptions for Relocated Pipeline Locations that are not e4pressly corrected and replaced hereby. GRANTOR: PacifiCorp, an Oregon corporation d/b/a Rocky Mountain Power ITS: ACKNOWLEDGEMENT STATE OF UTAH ) ) ss.ss. couNTYoF SALTLAKE ) I hereby certiff that on this _ day of 2017,beforeme, a Notary Public of the state and county of aforesaid, personally appeared #J#:ffiT:H#T,*#fi-Tm:* Mo,,ntar,p"*",,thath"h,-b*":lil"tfl l3l#;T,3[f,]ffi ffi'3X3];*3',t]l# in my presence, the foregoing instrument on behalf of the said entity for the prupos€s therein set fortb, and that the same is its act and deed. Notary Public My commission expires BY: GRA}TTEE: Kenr River Gas Company a Texas By: S. Checketts Vice-President ACI(I\IOWLEDGEMENT STATE OF UTAH COIJNTY OF SALT LAKE on this 4*, *h'20-17. personally apeeared before me Robert S. Checketts, who being bf me duly sworn, did state tbat he is the Vice-President of Kern River Cras Transmission Company, a Tcxas general partnership, and that tlre within and foregoing instnrment ums signed by authority of Kern River Gas Transmission Company, and Robert S. Checketrs acknowledged the inshrment to be the free act and deed ofKem River Gas Transmission Company. Notary State of Utah ) ) ) t My commisison "*p*", ?%/DomBfryilIffls0nr cof,rtsstott ct20tl CHARIAITE FITISETATU coMm. m.u2,20.fr19 trrXFftBJT "A" (Easement Description) Ta,x ID No's. 14-26 -252-015, 14-26-252-001, | 4 -26 -252-002, I 4 -26 -20 I -003, I 4 -26-20 t -00? Parcel No.4009:3E A perpetual easement, upon part of an entire tract of property in Lots 733 andT34,Meadowlands SuMivision Phase 7, a subdivision recorded as Entry No. 7530254 in Book 99-L2P atPage324 in the Office of the Salt Lake County Recorder, and in the SWI/4NEL|4 andthe NWl/4 NEl/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 sotrtherly highuay Right of Way Line and No-Access Line of the Mountain View Corridor, which point is 2097.46 feet N.89o5023"W. along the section line and 77.61 feet S.00o09'37"W. from the Northeast Comer of said Section 26; ard running thence S.04o08'09"W. 262.16 feet; thence S.l8o46'43"8, 672.48 feet; ttreuce S.39o4546"E, 636.08 feet to the westerly highway Right of Way Line and No-Access Line of said Mountain View Corridor; thence 5.2042'02"E. 52.83 feet along said Right of Way Line and No-Access Line; thence 5.09o39'12"8. 340.67 fea along said Right of Way Line and No-Access Line; thence S.00o23'2lnW. 127.61 feet along said Right of Way Line and No-Access Line; thence N.07'30'09'W. 412.98 feet; thence N.39"45'46"W. l3l.7l feet; thcnce N.00ol0'26"E. 39.68 feet; thence N.39"42'56"W. 538.73 feet to the westerly boundary line of said entire tact; thence N.l9'43'14"W. 710.71 feet along said westerly boundary line; thence N.04"06'32'E. 266.56 feet along said westerly boundary line to said southerly highway Right of Way and No-Access Line; thence N.89o15'40*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 42,976 square feet or 0.987 acrc in area, more or less. Page I of 1 2l;f6 cmg'5rr z.0l' BASS 0f ErnNG t€8!0?rf 2t425P.O8. &/P d(5 a e Erht Unc r+-26-25:l-01 LOI 73J EE EE EE EE RMfi IOUI{TAINPffi LoT 732 UT 751 oT 735 Lot 736 Lnl Tl7 LoT 726 sEcnc{0f Erdrt R/tt Lhc UMI l,F20-20t-005 ilo{-ilctt sYE EASAIXT NEl/4NB1/4 oF sBc.26 NB1/4 oF sEc.26 Rocrfl yoxrl^[{ PoIER 1+28-frit-w LoT 75{ u00T 2ts; eta'tIlLE: s201+2'02T SaEJ' LOT iJ0F t0T 7n swl/4 NEI/4 oF sEc.26 t-oT A t{39'{d{07 t31.71' LoTB [0n0m'u gEttg'tz'E !$.67 Hfr n^v & N/A uiE sE1/4NE1/4 oF sBc.25 LOT ru Lor 737 d3 ? I I 2 IElo{00*JE AiEA. 42976 SF, 0.987 AC Ihie droring *oid be uscd mlY os o represmtolibn of the locotion of the cosement bdng cmvtpd, Ihe oxocl locotlon of dl skuctures, linas ond oppurlencrces is obict to dronge rithin the borndorlos of ths descr'bed eosemfit oroo. toT 7zi u)I 7(} LoT 750 [0T 7Je cpzja'tY r27.61', APP:BY: GKD CKD:TBSCALE: N.T.S.DAIE:01821t2016 .l.Ii"lllrr:E'.l 'r, ',r $ DGItsNA PORIION SEC.25, T.1S., R-2W., SLB&Itd SALT I,AKB COIJIffT. UTAII