20170915Notice of Affiliate Transaction.pdf

D
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?
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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,
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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.
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EXCLr.6r\[
PERPERJA
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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
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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.
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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
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tor 712
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this drowing $ould bc used mly 03 o retsmentotion of thc locotion of thc eosemcnt bchg conwpd. lha eroct locolist of 4; 3lruq{up6, lincr
ond oppurtaronces is subpt to chonge rithin tha boundories of thc dcscrbad utility ogrecmcnt orco.
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BY: GKD CKD TB APP:DATE:$NIDOI6SCA.LE: N.T.S.EXIItsITB
PORIrON SEC.25,
T.ls.,R-2W., StB&Ivl
SALT I,AKB COUNIY. T]TAII
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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
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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-
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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
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)
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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
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