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HomeMy WebLinkAboutCouncil Workshop Packet 10.19.2021 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, OCTOBER 19, 2021 6:30 PM COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council. General Items Executive Review 1. Resolution - A Resolution Of The City Council Approving Certain Revisions To The CBA Through A Memorandum Of Agreement Between The City Of Laurel And Local Union Local 303, American Federation Of State, County And Municipal Employees, AFSCME. 2. Resolution - Dynamic Designs Encroachment Permit to Install Handicap Accessible Ramp at Front Door. 3. Resolution - A Resolution Authorizing The Mayor To Execute A Contract With “In Control, Inc.” To Prepare A Pre-Engineering Survey For The City’s Waste Water Treatment Plant. Council Issues 4. NorthWestern Energy Easement Discussion 5. NorthWestern Energy Zone Change Discussion 6. Annexation of City-Owned Property Contiguous With Municipal City Limits Discussion 7. Southside Storm Water Master Plan Discussion 8. W. Railroad Update 9. S. 4th Street Stakes Update 10. Update on Lion's Park Improvements. Other Items Review of Draft Council Agendas Attendance at Upcoming Council Meeting Announcements The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER 1 File Attachments for Item: 1. Resolution - A Resolution Of The City Council Approving Certain Revisions To The CBA Through A Memorandum Of Agreement Between The City Of Laurel And Local Union Local 303, American Federation Of State, County And Municipal Employees, AFSCME.   2 R21___ Local 303 CBA Amendments Animal and Parking Officer RESOLUTION NO. R21-___ A RESOLUTION OF THE CITY COUNCIL APPROVING CERTAIN REVISIONS TO THE CBA THROUGH A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LAUREL AND LOCAL UNION LOCAL 303, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME. WHEREAS, the City of Laurel and the above Union negotiated a Collective Bargaining Agreement (“CBA”) which was approved by the Union and City Council; and WHEREAS, the City and Union agreed to amend the CBA to add an Animal Control and Parking Position and to clarify the pay provisions for Patrolman and Communication Officers; and WHEREAS, the Mayor, Chief of Police, and Union Representatives agreed that modifying the CBA as shown in the attached documents is in the best interest of both parties; and WHEREAS, approving the resolution will enable the Chief of Police to locate and hire a full -time candidate to serve in the Animal Control and Parking Position for the City and provide clarification for City Staff in regard to calculation of pay for Patrolmen and Communication Officers. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The attached amendments to the existing CBA between the Union and City are hereby approved. The amendments are effective upon approval by the City Council. Section 2: Execution. The Mayor and Clerk-Treasurer are given authority to execute the amendments on behalf of the City. Introduced at a regular meeting of the City Council on ____________, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of _______________, 2021. APPROVED by the Mayor this __th day of ___________, 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 3 4 5 6 7 File Attachments for Item: 2. Resolution - Dynamic Designs Encroachment Permit to Install Handicap Accessible Ramp at Front Door. 8 R21-__ Encroachment Permit Dynamic Designs Handicap Ramp 206 1st Avenue RESOLUTION NO. R21-__ A RESOLUTION APPROVING AN ENCROACHMENT PERMIT FOR A PORTION OF THE SIDEWALK LOCATED AT 206 1ST AVENUE FOR THE INSTALLATION OF A PERMANENT HANDICAP RAMP FOR PURPOSES OF COMPLIANCE WITH APPLICABLE BUILDING AND ACCESS CODES. WHEREAS, the owners of the building located at 206 1st Avenue (“Property Owners”) who currently operate a business known as “Dynamic Designs” at the same address, have filed an application seeking an Encroachment Permit authorizing the construction and installation of a handicap ramp which will be permanently affixed to their building; and WHEREAS, the Property Owners advised the ramp will utilize a portion of the City sidewalk which is a public right-of-way, however the use will not unduly impact or impede pedestrian traffic on the remaining side walk; and WHEREAS, City Staff reviewed the application and supporting materials, attached hereto and incorporated herein, and recommends the City Council approve the Encroachment Permit pursuant to the authority provided the City Council under Chapter 12.16.040, LMC; and WHEREAS, upon review of this situation and the special facts and circumstances surrounding this situation, the City Council has determined issuance of an Encroachment Permit is appropria te and in the City’s best interest. NOW, THEREFORE, BE IT RESOLVED by the City Council that the attached Encroachment Permit is hereby approved for the installation and construction of a permanent handicap access ramp for the building located at 206 1st Avenue within the City of Laurel; and BE IT FURTHER RESOLVED, that the permit shall remain valid and run with the property so long as the handicap ramp is not removed by the Property Owner. The Mayor/City Staff are authorized to execute and record the attached Encroachment Permit on behalf of the City of Laurel. Introduced at a regular meeting of the City Council on ____________, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this ___ day of _______________, 2021. 9 R21-__ Encroachment Permit Dynamic Designs Handicap Ramp 206 1st Avenue APPROVED by the Mayor this __ day of ___________, 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 10 11 12 13 14 15 16 17 File Attachments for Item: 3. Resolution - A Resolution Authorizing The Mayor To Execute A Contract With “In Control, Inc.” To Prepare A Pre-Engineering Survey For The City’s Waste Water Treatment Plant. 18 R21-___ Approve Contract “In Control, Inc.” Pre-Engineering Study City’s Waste Water Treatment Plant RESOLUTION NO. R21-__ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH “IN CONTROL, INC.” TO PREPARE A PRE-ENGINEERING SURVEY FOR THE CITY’S WASTE WATER TREATMENT PLANT. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and In Control, Inc. for the preparation of a Pre-Engineering Survey for the City’s Water Treatment Plant as described in the attached Contract and Proposal (Exhibit A) is accepted and approved. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the Contract on behalf of the City. Section 3: Effective date. The effective date for the attached Contract is the date this Resolution is approved by the City Council. Introduced at a regular meeting of the City Council on October 26, 2021, by Council Member _____. PASSED and APPROVED by the City Council of the City of Laurel this 26th day of October 2021. APPROVED by the Mayor this 26th day of October 2021. CITY OF LAUREL ______________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 19 Page 1 of 5 INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 26th day of October 2021, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and InControl Inc., a contractor licensed to conduct business in the State of Montana, whose address is 10352 Jameston St. NE, Blaine, MN 55449, hereinafter referred to as “Contractor”. SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated October 13, 2021, attached hereto as Exhibit “A” and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit “A”. SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor fifty thousand dollars and no cents ($50,000.00) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY’S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and shall not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub - contracts in any dealings between Contractor and any third parties. The City is interested solely in the 20 Page 2 of 5 results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules, Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall maintain workers’ compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39 -71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms o f this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City. E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles 21 Page 3 of 5 used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. 22 Page 4 of 5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days after the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party’s attorney’s fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party’s authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and ma y not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. 23 5 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 26th DAY OF OCTOBER 2021. CITY OF LAUREL CONTRACTOR ___________________________________ __________________________ Thomas C. Nelson, Mayor InControl Inc. ATTEST: Employer Identification Number ___________________________________ __________________________ Bethany Langve, Clerk/Treasurer 24 25 26 27 28 29 File Attachments for Item: 4. NorthWestern Energy Easement Discussion 30 31 32 0 Abstract No.Entry No. CHAPTER 75, OF THE SESSION LAWS OF THE SIXTEENTH LEGISLATIVE ASSN MY OF THE STATE OF MONTANA. An Act Establishing and Defining the Boundary Line between Yellowstone Countv and Carbon County. State of Montana. Be it enacted by the Legislative Assembly of the State of Montana; Section 1. That the boundary lines between Yellowstone Coun- ty and Carbon County, State of Montana, are by this Act estat- lished and shall be hereby known as follows: Beginning at that point on the Yellowstone River where the West line of Section 21, in Township Two (2) South,Range Twenty- four (24) Bast, Montana Principal Meridian, Montana, intersects the said river, thence South along the West line of Section 21 and the West line of Sections 28 and 33 in said township to that point on the Clark Fork River where It is intersected by said line; thence in a south-westerly direction along the said Clark Fork River to that point thereon where it is intersected by the West line of Section 8, in Township 3 South, Range 24 Bast, Mon- tana Principal Meridian, Montana; thence South along the West line of said Section 8 and the West line of Sections 17, 20 29 and 32 of said township to the Southwest corner of Section 12, Township 3 South, Range 24 East, Montana Principal Meridian, Mon- tana; thence east along the South line of said township to the southeast corner thereof, to connect with and intersect the present boundry line between the County of Yellowstone and the County of Carbon, except as thus changed and established the boundary lines between the County of Yellowstone and the County of Carbon shall be and remain as heretofore established. Section 2. The Chairmen of the Boards of County Commissioners of the Counties of Yellowstone and Carbon, together with the Jud- e of the District Court of the Sixth Judicial District of the hate of Montana, shall meet at the Court House in the City of Billings, Montana, on a day to be named by said District Judge and proceed to equitably adjust and apportion, and shall equit- ably adjust and apportion between said counties the bonded in- debtedness of Carbon County, as same shall be affected by the RECOenTITLE CO. terriitory segregated by this Act from said County of Carbon. ABSTRACTS 11LLIR68. MONT. continued on next sheet ). 33 34 rl Abstract No. Entry No. C E R T I F I C A T E * Recorded Vol. Nis. L page 442. State of Montana. ) County of Carbon. ) 88. I, H. P. Sandels, County Clerk and. Recorder in and for the said County, and State, do hereby certify, that the foregoing instru ments of writing from page 300 to 442, both inclusive, are full, complete and. exact copies of the several instruments thereon written, as Shown in Water Right Records, Ranch Deolar- ation Records, Lease Records, and Riseellaneous.Records, of said Carbon County, Montana. In testimoney whereof I have hereunto set my hand and affix- ed the seal of my office, at Red Lodge, Montana$ this 9th day of Ray, 1919. H. P. Sandels, County Clerk and Reoorder.Seal. RECORD TITLE CC ABSTRACTS BILLINGS. MONT. 35 36 37 38 39 40 41 Abstract No. 32407. ARTIGLES OF INCORPORATION. A DANFORD DITCH COMPAXY Dated Mar. 7, 1913. To Filed Mar. 8, 1913 at 2:30 P.M. THE PUBLIC. File #1154. UNDER THE LAWS OF THE STATE OF MONTANA. NAME: Danford Ditch Company. PURPOSES: ---to-construct or purchase, maintain and operate canals for purpose of furnishing water for irrigation of lands owned by subsequent stockholders and others who now own or may hereafter own lands under said ditch and for other useful and domestic purposes on said lands --- PRINCIPAL PLACE OF BUSINESS: Byan School House, Carbon County, Montana. TERM: 40 years. CAPITAL STOCK: 40,000.00. T. L. WILKINS. G. E. VAN DOREN. RUDOLPH FRITZ. 0. M. WARFIELD. Acknowledged Mar. 7, 1913, by T. L. Wilkins, G. E. Van Doren, Rudolph Fritz and 0. M. Warfield, before Wm. Johnston, Notary Public for the State of Montana, residing at Billings. Commission expires April 210 1914. Seal. Attached is Certificate of County Clerk and Recorder that foregoing is true copy from Carbon County, Montana, files.) Attached is proceedings authorizing bonding of district for $21,000.00 filed Jan. 24, 1921 at 9:46 A.M. in Carbon County, Montana, and provides for annual levy on lands and collection of special taxes and assessment: f of interest and bonds.) 0 _ _ _ 12? 42 43 0 Abstract No. 32407. WARRANTY DEED DANFORD DITCH COMPANY, a corporation, of Montana, Dated Nov. 6, 1920. A Filed July 18, 1921, at 9:46 A.M. To DANFORD IRRIGATION DISTRICT, an irrigation district formed under the laws of Montana, and to its successors and assigns forever. Rec. Book 79, page 253• Document #149492. Consideration: $1.00 GRANT, BARGAIN, SELL AND CONVEY -- real property in the Counties of Yellowstone and Carbon, State of Montana; all water, water rights, ditch and ditch rights now owned by said Danford Ditch Company which said ditches and rights-of--way conveyed herein starts at a point on the Clarks Fork River in the NE4NW4 of Sec. 13, Twp. 3 S., Rge. 23 E., M.P.M., in Carbon County, Montana, thence passing in north and easterly direction through Sections 12, Twp. 3 S., Rge. 23 E•, Sections 7 and 6 in Twp. 3 S., Rge. 24E., Sections 31, 329 33, 2$ and 21, Twp. 2 S., Rge. 24 E., to the NW4 of Sec. 22, Twp. 2 S., Rge. 24 E., M.P.M., in Yellowstone County, Montana; said ditch runs and extends in a north and easterly direction from its headgate to its terminus. That the said water right hereby conveyed by said Danford Ditch Company to said Danford Irrigation District, consist of 1500 inches of water appropriated by the predecessors in interest of said Danford Ditc] Company on or about June 1, 1900, and all rights in and to said water o: the Clarks Fork River acquired by said Danford Ditch Company and now oned or held by it. This deed is intended to convey all of the propert, of said Danford Ditch Company to the said Danford Irrigation District with appurtenances --- TO HAVE AND TO HOLD, all and singular the premises with appur- tenances unto the said second party, its heirs and assigns forever. DANFORD DITCH COMPANY By ROY C. WILKINS, Pres. Cor r,,rate Seal) Attest: G. E. VAN DOREN, Secretary. 14 44 45 46 D Abstract No. 32407. JOHN KINNICK and LIZZIE KINNICK To MRS. R. A. KINNICK. BILL OF SALE Dated June 9, 1905. Filed Aug. 9, 1906, at 5:35 A.M. Rec. Book E Miscl., page 322. Consideration: Value received. SELL AND TRANSFER AND DELIVER: All improvements, houses, barns, corralls and fencing,NW4 See. 22, Twp. 2 S., Rge. 24 E., ---- Also 1/6 interest in the Davis ditch. 10 shares of Mason ditch stock. JOHN KINNICK LIZZIE KINNICK. 0 17 47 2 Abstract No. 32407 THE UNITED STATES OF AMERICA, To JOHN KINNICK PATENT. Dated April 20, 1911. Filed April 24, 1912, at 1:00 P.M, Rec. Book 71 Page 82. Document # 16537. Pursuant to the Act of Congress of May 20, 1862, "To Secure Homesteads to Actual Settlers on the Public Domain" and the acts sup- plemental thereto. GRANTS : Lots 5 and 6 of Sec. 15, and Lot 1 and EJNW4 of Sec. 22, Twp. 2. S., Rge. 24 E., of the Montana Meridian, containing 162.90 acres -- Subject to any vested and accrued water rights for mining,agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of courts. And there is reserved from the lands hereby granted, a right. of wAy thereon for ditches or canals constructed by the authorityofthe ,United States. By the President: WM. H. TAFT Seal) By M. P. LeROY, Secretary. JOHN O'CONNFLL, Acting Recordor of the General Land Office. Recorded: Patent Number 191781. Billings 0293. M w W +Or r « Transcribed from Deed Book 18, page 554, Records of Carbon County, Montana. 0 _ _ _ _ Z ?? 48 49 U, Abstract No. 32407. AFFIDAVIT IDA ELIZABETH KINNICK, To THE PUBLIC Dated --- a Filed Aug. 11, 1914, at 1:30 P.M. Rec. Book L Miscl., page 393. Document #25072. County of Yellowstone, State of Montana. ss. Ida Elizabeth Kinnick, being duly sworn, deposes ans says: That she is a citizen of the U. S., above 21 years of age and residing at Laurel, Yellowstone County, Montana, that she is the wife of John Kinnick and one and the same person who executed that certain mortgage to Joseph Kinnick dated Jan. 5, 1911 and recorded Jan. 9, 1911, in Book 11 of mortgages, page 153, wherein she signed her name as "Lizzie Kinnick", also that she is one and the same person who s signed that certain warranty deed to Theodore L. Wilkins, dated Sept. 7, 1911 and recorded Feb. 17, 1912,,in Book 20 of Deeds, page 156, wherein she signed her name "Ida Elizabeth Kinnick, that she is one and the same person whose also signed that certain quit claim deed to Joseph Kinnick dated Feb. 23, 1912, and recorded Fenruary 23, 1912, in ?hook 10 of Quit Claim Deeds, page 300, wherein she signed her name "Elizabeth Kinnick", that this affidavit is given to establish the fact of the different ways of signing her name. Further affiant sayeth not. IDA ELIZABETH KINNICK Subscribed and sworn to May 10, 1912, before Edwin L. Fenton, Notary Public for the State?of Montana. Residing at Laurel, Mont. Commission expires May 22nd, 1912. Seal. Transcribed from Misc. Record 3, page 176, Records of Carbon County, Mo nt? 0 - - - - 50 51 52 53 Abstract No. 32407. MABEL MacLEOD To THE PUBLIC . STATE OF MONTANA, County of Gallatin. ss. AFFIDAVIT Dated --- Filed Aug. 22, 1918, at 1:30 P.M. Rec. Book L Miscl., page 440. Document #54605. Mabel MacLeod, being first duly sworn, upon her oath, deposes and says: That she resides at Bozeman, Gallatin County, Montana, and she is the daughter and agent of her Mother, Mary A. Gordon, who now resides in California. That said Mary A. Gordon is the owner-and holder of a certain unpaid and unsatisfied note, executed and delivered to her by Joseph A. Kinnick and his wife; and that to secure the payment of said note and indebtedness, the said Kinnicks made, executed and delivered to said Mary A. Gordon, a certain real estate mortgage which said mort- gage is recorded in the office of the County Clerk & Recorder of Carbon County, Montana at Red Lodge, in Book 19 of Mortgages at page 39 of said Book. That said Kinnicks informed said Mary A. Gordon that they were making arrangements to pay of and discharge said note and mortgage and requested said Mary A. Gordan to make, executed and place in escrow in a bank at Laurel, Montana, a satisfaction and release of said note and mortgage, said satisfaction and release to be turned over to the said Kinnicks when they paid into said bank to the credit of said Mary A. Gordon, the money due upon said note and mortgage. That said Mary A. Gordon according and pursuant to said infor- mation and request, made, executed and placed in escrow in said bank, a tatisfaction and release ofsaid mortgage and indebtedness. xt=,%. 44 54 11 Abstract No. 32407. Affidavit --- #2. That said Kinnicks failed to raise the money and pay off anddischargesaidnoteandmortgageoranypartthereof; and later on whensaidMaryA. Gordon demanded the returnto her from said bank of thesaidsatisfactionandreleaseofsaidindebtednessandmortgage, thesaidbankhadlostormislaidsaidsatisfactionandreleaseofsaidindebtednessandmortgage, and the same has never been returned to saidMaryA. Gordon, although said note and mortgage remains wholly unpaidandisstilldueandowingtosaidMaryA. Gordon. That affiant therefore, respectfully asks that said County ClerkRecorderrecordthisaffidavitofnon-payment, and further that hemakeacrossreferenceonpage39ofBook19ofMortgagesinhisofficethatsaidmortgageisnottobecanceledandreleasedatanytimeuponanysatisfactionandreleasethereofpresentedtohim, except the samebemadeofalaterdatethanthedateofthisaffidavit. MABEL MacLEOD Subscribed and sworn to Aug. 21, 1915, before M. R. Wilson,Notary Public for the State of Montana.' Residing at Bozeman, Montana.Commission expires April 22, 1919. Seal. Transcribed from misc. Record 5, page 582, Records of Carbon County,Montana. eta 55 56 Abstract No. 32407. WARRANTY DEED JOSEPH KINNICK., and RACHEL A. KINNICK (his wife) of Park City, Montana, To WILLIAM KINNICK, of the same place. Dated Feb. 14, 1917. Filed March 27, 1917, at 2:30 P.M. Rec. Book 71, page 74. Document #36762. Consideration: $1.00. GRANT, BARGAIN, SELL, CONVEY AND CONFIRM --- real estate in Carbon County, Montana, to-wit: Lots 5 and 6 Sec. 15 and Lot 1 and NE,';NWJ and NJSE WW? of Sec. 22, Twp. 2 S., Rge. 24 E., of the M.P.M., according to the plat --- together with 80 shares of stock in the Danford Ditch, it being understood by all parties hereto that this transfer is made sub- ject to a certain mortgage of $2500.00 in favor of Mrs. Mary A. Gordon --- with appurtenances --- WARRANT AND DEFEND. JOSEPH KINNICK RACHEL A. KINNICK X Her Mark) Witnesses: EDWIN L. FENTON, MARGARET S. EDICK IDA E. KINNICK, Witnesses to Mark of Rachel A. Kinnick. Acknowledged Feb. 14, 1917, by Joseph Kinnick and Rachael A. Kinnick, his wife, before Edwin L. Fenton, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires May 22nd 1918. Seal. cribed from Deed Book 17, page 636, records of Carbon ounty, Montana. 21? il 57 I's Abstract No. 32407. WARRANTY DEED WILLIAM KINNICK and GUADALUPE KINNICK, husband and wife, of Huntley, Montana, To THEODOR E. FLASKERUD, of Laurel, Montana. Dated Nov. 25, 1918. Filed Jan. 7, 1919, at 1:20 P.M. Rec. Book 71, page 293. Document Consideration: $8000.00. Revenue: $5.50 GRANT, BARGAIN, SELL, CONVEY, WARRANT AND CONFIRM -- real estate in Carbon County, Montana, to-wit: Lots 5 and 6 of Sec. 15, Lot 1, NE?NW? and NJSE?NW?-of Sec. 22, Twp. 2 S., Rge. 24 E., of the M.P.M., containing 143 acres, more or less -- with appurtenances --- WARRANT AND DEFEND -- except the mortgage dated Aug. 15, 1911,in favor of Mary A. Gordon, recorded in the office of the County Clerk Recorder of said county in nook 19 of Mortgages on page 39, which grantee assums and agrees to pay, it being for $2500.00. WILLIAM KINNICK GUADALUPE KINNICK Acknowledged Nov. 25, 1918, by William Kinnick and GuadalupeKinnick, husband and wife, before H. D. Kenyon, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expiresFeb. 23, 1921. Seal. Transcribed from Deed Record 30, page 270, records of Carbon County, Montana. 0 - - - 58 59 60 Abstract No. 32407. WARRANTY DEED. THEODORE E. FLASKERUD and Dated April 9, 1920. ALLIS D. FLASKERUD, his wife, of Laurel, Montana, Filed April 12, 1920 at 9:00 A.M. To Rec. Book 70, page 629. FRANK P. PLATZ and ISAAC Document #134570. PLATZ, of Laurel, Montana. Consideration: $1.00. Revenue: 04.00. GRANT, BARGAIN, SELL, CONVEY AND CONFIRM --- real estate in Yellowstone County, Montana, to-wit: Lots 5 and 6 in Sec. 15; Lot 1, the NEkNW? and the NJSE?NWk of Sec. 22, Twp. 2 S., Rge. 24 E. of M.P.M., containing 143 acres, according to the government survey thereof, together with SO shares of the Capital stock of the Danford Ditch Co. Also any and all water rights, water ditches and water easement. thereto belonging, or in anywise appertaining, which are now, or here- after may be used on said premises, however they may be evidenced, to- gether with all shares of stock or shares of water in any ditch or irrigation or domestic purposes on said premises. It is understood and agreed by the parties hereto that this deed is given subject to a mortgage or $3000.00 dated Nov. 27, 1918,and given by first parties to The Federal Land Bank of Spokane, Washing. ton, which said mortgage the parties of the second, part assumes and agrees to pay as a part of the purchase price, together with interest accrued or to accrue thereon from Nov. 27, 1919. Grantees agree to pay taxes for 1920. An undivided one-half interest in and to said. premises is hereb, conveyed to each of the grantees. with appurtenances --- WARRANT AND DEFEND. THEODORE E. FLASKERUD. ALLIS D. FLASKERUD. Acknowledged April 9, 1920, by Theodore E. Flaskerud and Allis h D. Flaskerud, his wife, before B. L. Price, Notary Public f the State of Montana. Residing at Laurel, Montana. Commission expires Oct. 23, 1921. Seal. 0 - - - - 61 Abstract No. 32407. MORTGAGE. FRANK P. PLATZ, a widower and ISAAC PLATZ, a widower, both of Laurel, Montana, To THEODOR E. FLASKERUD, of Laurel, Montana. Dated April 9, 1920. Filed April 109 1920 at 2:16 P.M. Recorded Book 85, page 576. Document #x134560. Consideration: ?2000.00. GRANT, BARGAIN, SELL AND CONVEY LAND in Yellowstone County, Montana, to-wit: Lots 5 and 6 in Sec. 15; Lot 1, the NE4NW , and the NJSE?NW?, of Sec. 22, Twp. 2 S., Rge. 24 E. M.P.M., containing 143 acres, according to the Government Survey thereof -- It is understood and agreed by the parties hereto that this is a second mortgage on said premises and is given subject to a first mortgage of $3000.00 dated Nov. 27, 1918, and given by Theodor E. Flaskerud and Allis D. Flaskerud, his wife, to The Federal Land Bank of Spokane, Washington. To secure payment of 2 promissory notes, dated March 1, 1920 each, for $1000.00 each, due on December 1st of the years 1920 and 1921, respectively with interest _-- payable annually from date until paid --Provides for attorney fees and. costs in case of suit --- Provides for fire insurance on buildings. FRANK P. PLATZ. ISAAC PLATZ. Acknowledged April 9, 1920, by Frank P. Platz, a widower, and Isaac Platz, a widower, before B. L. Price, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires Oct. 23, 1921. Seal. 0 - - - - J 62 Abstract No. 32407. RIGHT OF WAY. ISAAC PLATZ and FRANK PLATZ, Dated. Oct. 19, 1921. U To Filed Mar. 16, 1922 at 9:40 A.M. JOHN MCFAYDEN. Rec. Book 80, page 601. Document #157753. Consideration: $30.00. Isaac Platz and Frank Platz do hereby for ourselves, heirs, executors, administrators, successors and assigns, grant and release to John McFayden, his heirs and assigns, the right of way to lay, maintain operate and remove pipe lines, as the same shall be thought necessarybysaidgrantee, over and through lands in Twp. 2 S., Rge. 24 E.,Yellowstone County, Montana bounded and described as follows: Lot 1,the NE4NW4, and the NJSE?NW? of Sec. 22, Twp. 2 S., R. 24 E., Lots 5 and 6, in Sec. 15, T. 2 S., R. 24 E., including the waiver and release of right of homestead, with the right of ingress and egress to and from the same. The said grantors to fully use and enjoy the said premises, except for the purposes hereinbefore granted to the said John McFayden,who hereby agrees to pay any damages which may arise to crops or fences from the laying, erecting, maintaining, operating or removing of said pipe lines; said damages, if not mutually agreed upon, to be ascertain- ed and determined by three disinterested persons, one thereof to be appollited by the grantors, heirs or assigns; one by the said John McFayden, heirs or assigns, and the third by the two so appointed as aforesaid, and the award to such three persons, or any two of them,shall be final and conclusive. Should more than one pipe line be laid under this grant at any time, a like consideration shall be paid for each line so laid in addition to the damages above provided for. It is agreed that the grantor herein shall in no case be responsible for any damages which may be caused to said. line arising from the cultivation or irrigation of said lands over which above right is granted. --- ISAAC PLATZ. FRANK PLAT Z . Acknowledged Oct. 22, 1921, by Isaac and Frank Platz, befor J. W. Ellis, Notary Public for the State of Montana. Resid. ing at Billings. Commission expires Jan. 18, 1922. Seal. 0 -- - - -63 Abstract No. 32407. ASSIGMNT OF RIGHT OF WAY. JOHN MCFADYEN, of Casper, Wyoming, To GALLATIN NATURAL GAS COMPANY, a Delaware Corporation. Dated Dec. 24, 1921. Filed April 202 1922 at 9:18 A.M. Rec. Book 81, page 147. Document x#159049• Consideration: $1.00. ASSIGN, TRANSFER AND SET OVER, all my right, title and interest in and to the right of way grants and releases, No. 1 to 189, inclusive granting unto me, my heirs and assigns the right of way to lay, main- tain, operate and remove pipe lines and to erect, maintain and operate telegraph and telephone lines over and thru the following lands refer- ence to each of said right of way lands being hereby made for greater certainty, to-wit: LINE NO. NAME OF OWNER AND NAME OF GRANTEE. DESCRIPTION. GRANTOR. 155 ISAAC PLATZ, ET AL JOHN McFADYEN Lot 1 and NE4NW4; N_SE4NW4 Sec. 22, Twp. DATE. 2 S., Rge. 24 E. Lots 10/9/21. 5 and b Sec. 15, Twp. 2 S., Rge. 24 E. TO HAVE AND TO HOLD same -- forever, subject nevertheless to the terms and conditions in said right of way grants and releases contained, It is agreed that the original right of way grants and leases shall be delivered unto grantee herein, simultaneously with the execu- tion and delivery of this Assignment, and that said instrument shall be considered a part hereof. JOHN McFADYEN. Acknowledged Dec. 24, 1921, by John McFayden, before William K. Edwards, Notary Public for Natrona County, Wyoming. Commission expires Nov. 20, 1924. Seal. 0 - - - - 64 Abstract No. 32407. ASSIGMENT OF RIGHT OF WAY GRANTS AND RELEASES. GALLATIN NATURAL GAS COMPANY, a corporation, To BILLINGS GAS COMPANY, a corporation, Dated July 1, 1933. Filed Oct. 5, 1936 at 9:18 A.M. Rec. Book 188, page 582. Document #313227. Consideration: $1.00. Revenue: $1.50. SELL, ASSIGN, SET OVER, TRANSFER AND CONVEY --- all of its right title and interest in and to the right of way grants and releases here- inafter described, which right of way grants and releases were original granted to John McFadyen and were assigned from said John McFadyen to Gallatin Natural Gas Company, by assignment dated Dec. 24, 1931, and filed April 20, 1922 and recorded in Book 81 of Deeds, page 147 -- re- cords of Yellowstone County, Montana -- and to lay, maintain, operate and remove pipe lines and to erect, maintain and operate telephone and telegraph lines over and through the following lands, reference to each of said right of way grants being hereby made for greater certainty, to-wit: BILLINGS GAS CO. LINE NO. 305 155 DESCRIPTION. Lot 1, NE4NWk and NjSE4NW4 Sec. 22, 2 S., 24 E. Lots 5 and 6 Sec. 15, 2 S., 24 E. NAME OF OWNER NAME OF GRANTEE. AND GRANTOR. ISAAC PLATZ, ET AL. JOHN McFADYEN. DATE OF GRAN'T'. 10-19-21. And the Gallatin Natural Gas Company, for the consideration aforesaid does also sell, assign, transfer, set over and convey unto said Billings Gas Company, all of its right, title and interest of every kind and character, in and to the right of way grants, assign- ment ontracts, licenses,and rights hereinafter described, to-wit: Lands not herein abstracted). y 65 Abstract No. 32407. Assgn. --- #2. V This grant was originally granted unto Sohn McFadyen and was assigned --- to Gallatin Natural Gas Company, by assignment dated Jan. 12, 1923, and filed for record Feb. 2, 1923 and recorded in Book 83 of Deeds, page 500, records of Yellowstone County, Montana. And for the same consideration said Gallatin Natural Gas Company does also sell, assign, transfer, set over and, convey unto said Billings Gas Company, all of its rights of every kind and character in and to the land herein described and in and to all personal property belonging to Gallatin Natural Gas Company located thereon, whether the interest of said Gallatin Natural Gas Company, in and to said land was acquired in the manner herein set forth or otherwise. TO HAVE AND TO HOLD unto the said Billings Gas Company, its successors and assigns forever, subject nevertheless to all of the terms and conditions in said right of way grants and releases contained. GALLATIN NATURAL GAS COMPANY. By JNO. McFADYEN, President. Corporate Seal) Attest: R. H. FLETCHER, Assistant Secretary. Acknowledged July 1, 19330 by Jno. McFadyen, known to be the President of the Gallatin Natural Gas Company, and. acknowledged that said corporation executed the within instrument, before E. C. Lynch, Notary Public, residing at Casper, Wyo. (County of Natrona, State of Wyoming). Commission expires Aug. 19, 1933. Seal. I"' . 110 66 67 I. Abstract No. 32407. SATISFACTION OF LIEN. IRA RODGERS, To BELL JUDKINS, T. C. JUDKLNS, S. 0. HARRIS and ISAAC PLATZ. Dated Oct. 309 1924. Filed Oct. 9, 1925 at 3:58 P.M. File #2531. Document #197173. Consideration: Fully paid. CERTIFY that certain Mechanic's Lien dated Sept. 69 1924 ---- on NJNW? Sec. 22 and SJSW4 Sec. 15, Twp. 2 S.;of Rge. 24 E., M.P.M., in Yellowstone County, Montana --- which said Lien was filed Sept. 9, 1924 is hereby satisfied and discharged. IRA RODGERS. Acknowledged Oct. 30, 1924, by Ira Rodgers, before B. L. Price, Notary Public for State of Montana. Residing at Laurel, Montana. Commission expires Oct. 14, 1927. Seal. is ''`q-Si 68 69 Abstract No. 32407• SATISFACTION OF LIEN. MORTON B. HIATT, To BELL JUDKINS and T. C. JUDKINS, S. 0. HARRIS and ISAAC PLATZ. Dated Oct. 8, 1924. 0. Filed Oct. 81 1924 at 1:20 P.M. File #2S32. Document x#186554. Consideration: Fully paid. CERTIFIED that certain Mechanic's Lien dated Sept. 9, 1924, on NJNW1 Sec. 22 and S'JSW4 Sec. 15, Twp. 2 S. of Rge. 24 E., M.P.M., in Yellowstone County, Montana --- which said Mechanic's Lien was filed - Sept. 99 1924 --- is hereby satisfied and discharged. MORTON B. HIATT. Acknowledged Sept. 8, 1924, by Morton B. Hiatt, before B. L. Price, Notary Public for State of Montana. Residing at Laurel, Montana. Commission expires Oct. 23 , 1924. Seal. 40 70 i Abstract No. 32407. OIL AND GAS LEASE. J. F. JACKSON and DOROTHY JACKSON, "Lessors", To W. E. ELTZROTH and H. A. CARLISLE, "Lessee". Dated Feb. 28, 1924. Filed Mar. 11, 1924 at 3:28 P.M. Rec. Book Q. Misc. page 344. Document #180519. Consideration: #1.00. GRANT, DEMISE, LEASE AND LET --- for the sole and only purpose of operating for and producing oil and gas thereon and therefrom, to- gether with rights of way and servitudes for pipe lines, telephoneandtelegraphlines, for tanks, power houses, stations, and fixtures, for producing and caring for such products, and housing and boarding employees, and all other rights and privileges necessary, incident to, or convenient for the economical operation of said land, alone or co-._, jointly with neighboring lands for oil and gas, with the right to use free oil, gas or water, but not from lessors' water wells, for such pur. pose, and with the right of removing either during or after the term hereof, all and any property and improvements placed or erected on the premises by the lessee including the right to pull all casing; said lanc being situate in Yellowstone County, Montana, to-wit: NJNW? and SWk of Sec. 15, Twp. 2 S., Rge. 24 E. M.P.M., contain- ing 185 acres, more or less --- If operations for the drilling of oil and gas well are not be- gun on said land, or Laurel Structure, on or before April 1, 1924, this lease shall terminate as to both parties unless lessee on or before that date, shall pay or tender to lessor, or deposit to the credit of J. F. Jackson in the American Bank at Laurel, Montana (which shall con- tinue as the depository regardless of changes in ownership of the land) the sum of 045.25, which payment --- shall operate to confer on the lessee the privilege of deferring the commencement of such well for 12 months from said date. Thereafter in like manner, and upon like pay- ments or tenders, of said amount, the commencement of said will may be furtbA.r,_deferred for additional periods of 12 months successively 41 71 Abstract No.. 32407. Oil and Gas Lease - #2. provided always that this lease cannot be kept in force by such payment in the absence of drilling operations for a period longer than five years from the date last above set forth if within said time oil or gas is not found in paying quantities, but if so found this lease shall con tinue in full force and effect so long as oil or gas is found in paying quantities --- lessee shall have the right to assign this lease or any interest therein or any portion of the acreage covered thereby --- J. F. JACKSON. MRS. DOROTHY JACKSON. H. A. CARLISLE W. E. ELTZROTH. Acknowledged Feb. 28, 1924, by J. F. Jackson, Dorothy Jackson, W. E. Eltzroth, and, H. A. Carlisle, before Edwin L. Fenton, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires May 22, 1924. Seal. 0 - - - - 42 72 it Abstract No,. 32407. ASSIGNMENT OF OIL AND GAS LEASES. H. A. CARLISLE and W. E. ELTZROTH, To AMERICAN INDIAN OIL COMPANY, a corporation, of Wheeling, West Virginia. Dated April 28, 1925. Filed May 6, 1925 at 11:30 A.M. Rec. Book 118, page 13. Document #192882. Consideration: $1.00. WHEREAS, on Feb. 28, 1924, a certain oil and gas lease was made and entered into by and between J. F. Jackson and Dorothy Jackson, his wife "Lessors" and H. A. Carlisle and W. E. Eltzroth "Lessees", covering the following described. land in Yellowstone County, Montana, to-wit: The NJNW? and the SW? of Sec. 15, Twp. 2 S., Rge. 24 E., M.P.M., containing 185 acres, more or less. Said lease being on file and of record in the office of the County Clerk and Recorder of Yellowstone County, Montana, in Book "(?" of Misc. Records, page 344. And other Leases covering lands not herein abstracted) Whereas said leases and all rights under or incident thereto are now owned by the said H. A. Carlisle and W. E. Eltzroth. BARGAIN, SELL, TRANSFER, ASSIGN AND CONVEY --- all right, title and interest in and to said leases ---- Provides for 2j% overriding royalty to go to assignors. H. A. CARLISLE. W. E. ELTZROTH. Acknowledged April 28, 19250 by H. A. Carlisle and W. E. Eltzrot befgX B. L. Price, Nct ary Public for the State of Montana. Residing a Laurel, Montana. Commission expires Oct. 14, 1927. Seal. 0 - - - - 43 73 f Abstract No. 32407. AGREEMENT. H. A. CARLISLE and W. E. ELTZROTH, Owners, To PENNSYLVANIA-KENTUCKY OIL & GASOLINE REFINING CORPORATION, a corporation, Operators. Dated Mar. 4, 1924, Filed Sept. 9, 1924 at 9:00 A.M. Rec. Book 115, page 242. Document #185731. Consideration: $1.00. Owners are vested with oil and gas rights under and appur-tenant to lands described in Exhibit A attached hereto --- Operator desirestoacquireestateandinterestofOwnersinsaidlands --- todrillanoilandgaswell --- Operator shall commence drilling operationorbeforeMar. 25, 1924 --- When opergtions have been commencedbyOperator, the Owners shall make assignment or assignments toOperatorofsaidleases --- upon delivery of said assignment or assignmentsOperatorshall ---- assign, transfer and convey to Owners an oil royalty of 21% of all oil produced and saved from lands described ---That terms and conditions of this agreement shall extend to, bind andinuretobenefitoftheheirs, successors, executors, administrators a: assigns of parties hereto. H. A. CARLISLE. W. E. ELTZROTH. PENNSYLVANIA-KENTUCKY OIL & GASOLINE REFIN CORPORATION, By J. M. DUBOIS, President. Corporate Seal) Attest: C. A. NORRIS, Its Secretary. Acknowledged Mar. 4, 1924, by H. A. Carlisle and W. E. Eltzroth,before B. L. Price, Notary Public for State of Montana. Residing at Laurel, Mont. Commission expires Oct. 23, 1924. Seal. Acknowledged Mar. 22, 1924, by J. M. DuBois, and C. A. Norris,known to be President and Secretary respectively of the Pennsylvania-Kentucky Oil & Gasoline Refining Corporation, a corporation, and acknowledged that such corporation executed same, before H. Mendel T'aylor, Notary Public for State of West Virginia. Commission expiresMar. 17, 1927. Seal. EXHIBIT "A" NhNW-, & SW-1 Sec. 15, less city pump grounds and cityfilterbedsite, in Twp. 2 S. Rge. 24 E. M.P.M. And other lands) 44 s 74 Abstract No. 32407. Certified Copy) ARTICLES OF INCORPORATION PENNSYLVANIA--KENTUCKY OIL AND GASOLINE REFINING CORPORATION, To THE PUBLIC. 1, Dated April 2, 1917. Filed Sept. 16, 1924, at 10:10 A.M. File #1596. Document #185927. NAME: PENNSYLVANIA-KENTUCKY OIL AND GASOLINE REFINING CORPO- RATION. PURPOSES: -- leasing and purchasing oil and gas lands -- refin- ing same into gasoline --- PRINCIPAL OFFICE: Wilmington, Delaware, TERM: Perpetual. CAPITAL STOCK: 011000,000.00. L. M. STEPHENS. C. M. WATSON. S. M. DUBOIS. Acknowledged April 3, 1917, by L. r4. Stephens, C. 11. WatsonandJ. M. DuBoise, before Carl P. Schmidt, Notary Public for Ohio CountWestVirginia. Commission expires Nov. 12, 1923. Seal. Attached is Certificate of Secretary of State of Delaware, that fore- noing is a true and correct copy). Attached is Certificate changing name of AMERICAN INDIAN OIL COMPANYSatedApril18, 1924 -- Also change of Capital Stock to $4,000,000.001. 0 - - - - 40 I 75 1 Abstract No. 32407. It ASSIGN12NT OF OIL AND GAS LEASE. AMERICAN INDIAN OIL COMPANY, Dated Dec. 18, 1924. a corporation of the State of Delaware, Filed Dec. 18, 1924 at 3:10 P-1d. To Rec. Book 115, page 440. L. M. ADDINGTON. Document #188675. Consideration: $1.00. ASSIGN, RELEASE, TRANSFER AND CONVEY -- all of its right, title and interest in and to any and all oil and gas leases now held. and owns by said first party on lands and premises specifically described hereinbelow. That the second party take such leases on said lands subjecttoconditionscontainedinsaidleases, and in compliance with pro-v?sion of that certain written contract of Oct. 1, 1924, executed bytheseparties. That the lands and premises affected by this assignment and hereby intended to be conveyed by these presents, are: SW4, and NJNE? of sec. 15, Twp. 2 S. Rge. 24 E. M.P.M. in Yellowstone County, Montana. And other lands) This assignment is made subject to any prior oil and gas rightsheldbytheNorthernPacificRailwayCompany. AMERICAN INDIAN OIL COMPANY, By J. 111. DU BOIS, President. Corporate Seal) Attest: B. D. BURNS. Acknowledged. Dec. 18, 1924, by J. M. DuBois, known to be the President of American Indian Oil Company, a corporation, before Richard W. Wilson, Notary Public for State of Montana. Residing at Billings,Mona . Commission expires Aug. 19, 1925. Seal. 76 OF Abstract No. 32407. IN THE DISTRICT COURT OF THE THIRTEENTH JUDICIAL DISTRICT OFTHESTATEOFMONTANA, IN AND FOR THE COUNTY OF YELLOWSTONE. L. M. ADDINGTON,LIS PENDENS. Plaintiff, Vs. AMERICAN INDIAN OIL COMPANY, a corporation, Defendant. Dated --- Filed Dec. 17, 1924 at 9:06 A.M. File #1507. Document #188629. Case #12135. NOTICE IS HEREBY GIVEN: That above entitled action has beencommencedinaboveentitledDistrictCourtforpurposeofcompellingdefendanthereintoperformcertaindutiesandobligationsuponitbyandundertermsofacertainwrittencontract, dated Oct. 1, 1924, wherindefendantcorporationpromisedandagreedamongotherthings, tocheckerboardcertainacreageonwhatisknownastheLaurelStructurewithinYellowstoneCounty, Montana, and to assign to plaintiff herein aone-half undivided interest in and to all of gas and oil leases held bydefendant, following said checker-boarding between plaintiff and a dulyauthorizedofficerofsaiddefendantcorporation -- action commenced. fopurposeofcompellingdefendanttojoinwithplaintiffinsaidpurposeofrecoveringfromdefendantaggregatesumof $56,400.00 now due andowingplaintiff -- also to recover all costs in this action -- The landwhicharetobechecker-boarded by parties hereto under terms of writtecontractofOct. 10 1924, and which are affected by this action are: All of Sec. 15, except SINE4; SISE4 thereof in Twp. 2 S.,R. 24 E. M.P.M. And other lands) RICHARD W. WILSON, Attorney for Plaintiff. 0 - - - - 77 4.. Abstract No. 32407. MORTGAGE. AMERICAN INDIAN OIL COMPANY, a corporation, To E. A. NISBET, J. M. DuBOIS, R. R. KITCHEN, S. G. CROW, IRVY MYERS, JOHN JOHNS, THE FIRST NATIONAL BANK OF BELLAIRE, OHIO and C. M. WATSON. Dated Dec. 1924. Filed Jan. 10, 1925 at 9:00 A.M. Rec. Book 108, page 429. Document #189222. Consideration: $24,500.00. GRANT, BARGAIN, SELL AND CONVEY -- all of its oil and gas leases on or in what is known as Laurel Structure, in Yellowstone County, Montana, and which leases are more particularly described as follows, to-wit: Oil and gas lease from J. F. Jackson and Dorothy Jackson to W. E. Eltzroth and H. A. Carlisle, dated Feb. 28, 1924, on the NJNW4 and the 3W4 of Sec. 15, Twp. 2 S., Rge. 24 E. M.P.M., excepting pump station and filter bed site, containing 185 acres, more or less, re- corded March 11, 1924, Book Q, page 344• And other leases on other lands) All of foregoing leaseholds are subject to terms and conditions of a certain written oontr.aot entered into by and between said Grantor and L. M. Addington of Billings, Montana, on Oct. 1, 1924, insofar as said L. M. Addington is entitled under said contract to an interest in same or any part thereof only. And. all the estate, title and interest of said Grantor, either in law or in equity, in and to said leaseholds and rights, together with all the privileges and appurtenances --- Grantor --- covenants, with said. Grantees, their heirs, succes- sors and assigns, that it is true and lawful owner of said leaseholds rights -- and that title so conveyed is clear, free and unincumbered. The conditions of this mortgage deed are such, that, whereas, said Grantor has executed and delivered its certain promissory notes of even date herewith, due in 60 days after date, bearing interest --- payable at The First National Bank of Bellaire, Ohio, as follows 43 78 Abstract No. 32407. Mortgre --- #2.0 A note to said E. A. Nisbet for $5000.00. A note to said J. M. DuBois for $2000.00. A note to said R. R. Kitchen for x$2000.00. A note to said S. G. Crow for 2000.00. A note to said Irvy Myers for 2000.00. A note to said John Johns for 12000.00. A note to said. The First National Bank of Bellaire, Ohio for 7500.00. which said notes are held individually by each of above payees; AMERICAN INDIAN OIL COMPANY, By ALONZO EUGENE AUSTIN, Vice-President. No Corporate Seal) C. A. NORRIS, Secretary. Acknowledged Dec. 30, 1924, by A. E. Austin, known to be the Vice-President of American Indian Oil Company, and C. A. Norris, known to be the Secretary of American Indian Oil Company, --- that the Presi- dent of said corporation is absent from State of West Virginia, and that said Vice-President is fully authorized to execute within instrument -- before Alvin L. Winters, Notary Public within and for Ohio County, West Virginia. Commission expires Mar. 18, 1931• Seal. 0 - - - - y K "i.. ABSTRACT GUARANTY CQMPA 4J 79 Abstract No. 32407. IN THE DISTRICT COURT OF THE THIRTEENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF YELLOWSTONE. C. M. WATSON, LIS PENDENS. Plaintiff, Dated --- vs. Filed April 29, 1925 at 4:32 P.M. A1'vIERICAN INDIAN OIL COMPANY, a File ##1596. corporation, E. A. NISBET, J. M. DuBOIS, R. R. KITCHEN, S. G. CROW, Document j#192675. IRVY MYERS, JOHN JOHNS, and THE FIRST NATIONAL BANK OF BELLAIRE, OHIO, a national banking corporation, Defendants. NOTICE IS HEREBY GIVEN that on April 28, 1925, above entitled action was commenced to foreclose a certain mortgage executed under dat of Dec. 30, 1924, by above named defendant American Indian Oil Company, a corporation, as mortgagor, to above named plaintiff, and to Defendant E. A. Nisbet, J. M. DuBois., R. R. Kitchen, S. G. Crow, Irvy Myers, John Johns and The First National Bank of Bellaire, Ohio, a national banking corporation, as mortgagees; that object to said action is to foreclose said mortgage, and to bar right and equity of redemption of mortgagor named therein, and all persons claiming under it subsequent to mortgage mentioned either as purchasers, encumbrancers, or otherwise in and to mortgaged premises; that names of parties to said action are "C. M. Watson, Plaintiff, and American Indian Oil Company, a corporation, E. A Nisbet, J. M. DuBois, R. R. Kitchen, S. G. Crow, Irvy Myers, John Johns and The First National Bank of Bellaire, Ohio, a national banking cor- poration, Defendants", which real estate is situate in Yellowstone County, Montana, and is more particularly described as follows, to-wit: SW4 of Sec. 15, Twp. 2 S., Rge. 24 E., And other lands) STERLING M. WOOD and R. E. COOKE, Attorneys for Plaintiff. Jlt?80 I, Abstraot inn. 32407, 0 IN THE DISTRICT COURT OF THE THIRTEENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF YELLOWSTONE. C. M. WATSON, Plaintiff, vs. AMERICAN INDIAN OIL COMPANY, E. A. NISBET, J. M. DUBOIS$ R. R. KITCHEN, S. G. CROW, IRVY MYERS$ JOHN JOHNS, and THE FIRST NATIONAL BANK OF BELLAIRE, OHIO, a national Banking Corporation, Case #12350. Rec. No. 21, page 515. ACTION: Foreclosure. WOOD & COOKE, Attys. for Pltff. EDMUND NICHOLS, Atty, for American Indian Oil Company. Defendants. FILED -- April 28, 1925 -- COMPLAINT -- demanding foreclosure of mort- gage made by defendants -- to plaintiff herein -- dated Dec. 30, 1924 filed Jan. 10, 1925 at 9:00 A.M., in Book 108 of Mtges., page 429 - Records of Yellowstone County, Montana -- covering oil leases -- on lands in See. 15, Twp. 2 S., Rge. 24 E. ---- (And other lands) -- in Yellowstone County, Montana --- (And other leases). FILED -- May 15, 1924 -- DEMURRER OF AMERICAN INDIAN OIL COMPANY. CASE PENDING. 0 -- - - - 9 a?81 4F I Abstract No. 32407. OIL AND GAS LEASE. ISAAC PLATZ, a widower, Dated March 24, 1931. FRANK PLATZ and IDA MAE PI ATZ, his wife, of Laurel, Filed Sept. 5, 1931 at 10:50 A.M. Montana, Lessor, To HUGH FRASER, of Laurel, Montana, Lessee. Rec. Book 157, page 32. Document #265220. Consideration: $1.00. GRANT, DEMISE, LEASE AND LET --- for the sole and. only purposeofminingandoperatingforoilandgasandlayingpipelinesand building tanks, powers, stations, and structures thereon, to produce, save and take care of said products on that certain tract of land situate in Yellowstone County, Montana, to-wit: Lots 5 and 6, Sec. 15 and all of that land east of the Burling- ton Railroad, in Lot 1, NE4NW4 and N'JSEkNW? of Sec. 22, all in Twp. 2 S., Rge. 24 E. and containing 120 acres, more or less --- It is agreed that this lease shall remain in force for a term of five years from this date, and as long thereafter as oil or gas or either of them is produced from said land by the lessee --- if no well be commenced. on said land on or before March 24, 1932, this lease shat= torte as to both parties, unless the lessee on or before that date shat pay or tender to the lessor, or to the lessor's credit in the Yellowstone Bank, Laurel, Montana, or its successors, which shall con- tinue as the depository regardless of changes in the ownership of said land, the sum of $1.00 per acre, which shall operate as a renal and cover the privlege of deferring the commencement of a well for 12 montx from said date --- if the estate of either party hereto is assigned, and the privelege of assigning in whole or in part is expressly allowee the covenants herein shall extend to their heirs, executors, administrE tors, successors or assignp, but no change in the ownership of the lane or assignment of rentals or royalties shall be binding on the lessee until after the lessee has been furnished with a written transfer or assignment, or a true copy thereof -w second party shall have the ri surrender his lease to said first party at any time upon 82 Abstract No. 32407, 0. & G. Lease --#2. n payment of $1.00 and all rentals due, and that thereupon this lease shall cease and determine and be and. become absolutely null and void and no longer binding upon either party. It is agreed that all the terms and conditions hereof shall ex- tend and appJj to the heirs, executors, administrators, successors and assigns of the parties respectively. ISAAC PLATZ. FRANK PLATZ. IDA MAE PLATZ. HUGH FRASER. Acknowledged Aug. 4, 1931, by Isaac Platz, Frank Platz, Ida Mae Platz, and Hugh Fraser, before J. J. Hardie, Notary Public for the State of Montana. Residing at Shelby, Montana. Commission expires12/29-1932 - Seal. i 83 5 Abstract No. 32407. ASSIGNMENT OF OIL AND GAS LEASE. HUGH FRASER, of Laurel, Montana, and LORETTA FRASER, his wife, To C. E. GILBERT, Trustee. Dated July 21, 1931. Filed Sept. 5, 1931 at 10:52 A.M. Rec. Book 157, page 34. Document #265221. Consideration: $1.00. Whereas on March 24, 19319 a certain oil and gas mining lease was made and entered into by and between Isaac PlAtz, a widower, Frank P1atz and Ida Mae Platz, husband and wife, of Laurel, Montana, Lessor,and Hugh Fraser of Laurel, Montana, Lessee, covering the following des- cribed land in Yellowstone County, Montana, to-wit: Lots 5 and 6 in Sec. 15; all of that land East of the Burlington Railroad in Lot 1, in the NEi]W4 and NJSEkNW? of Sec. 22, Twp. 2 S., Rge. 24 E. and contain- ing 120 acres, more or less. Said lease being recorded in the office of the Clerk and Re- corder in and for said county in Book of Misc. page , and Whereas the said lease and all rights thereunder or incident thereto are now owned by Hugh Fraser of Laurel, Montana and Loretta Fraser, his wife. NOW, THEREFORE -- the present owner of said lease and all rights thereunder or incident thereto does hereby BARGAIN, SELL, TRANSFER, ASSIGN AND CONVEY unto C. E. Gilbert, Trustee, all of his right, title, and interest of the original lessee and present owner in and. to the said lease and rights thereunder in so far as it covers Lot 5 in Sec. 15, and the NE4NW and the NJSE?NWk in Sec. 22, all in Twp. 2 S., Rge. 24 E. containing 72.33 acres, more or less, together with all personal property used or obtained in connection therewith, to C. E. Gilbert, Trustee, and their heirs, successors and assigns. And for the same consideration, the undersigned for him and his heirs, successors-and representatives, does covenant with the said assignee and their heirs, successors or assigns, that he is the lawful owner of the said lease and rights and interest thereunder and of the 84 Abstraot No. 32407. Assn. of 0. & G. Leases -- #2. personal property thereon or used in connection therewith; that the undersigned good right and authority to sell and convey the same and that all rentals and royalties due and payable thereunder have beer paid, HUGH FRASER. LORETTA FRASER. Acknowledged Aug. 1931, by Hugh Fraser and Loretta Fraser, before R. J. Williams, Notary Public for the State ofMontana. Residing at Laurel, Montana. Commission expires May 27, 1933. Seal. 0 - - - - 5Ij 85 Abstract No. 32407. OIL AND GAS LEASE. ISAAC PLATZ, a widower, Dated Mar. 24, 1931. of Laurel, Montana, To Filed June 3, 1931 at 4:38 P.M. VINTON A. BRAY, of Rec. Book 139, page 585. Laurel, Montana. Document #262650. Consideration: $1.00. GRANT, DEMISE, LEASE AND LET---for the sole and only purpose of mining and operating for oil and gas and laying pipe lines and buildin tanks, powers, stations and structures thereon to produce, save and take care of said products, all that certain tract of land in Yellow- stone County, Montana, to-wit: Lots 1, 5 and 6 in Sec. 15, and that land East of the N. P. right of way in the NE4NW4 and in the NJSE4NW? of Sec. 22, Twp. 2 S., Rge. 24 E., containing 120 acres. lease shall remain in force for a term of 5 years from this date and as long thereafter as oil or gas or either of them is produced from said land by the lessee---to deliver to credit of lessor, free of cost, in the pipe line---equal 1/8th part of all oil and gas produced and saved from said leased premises---if no well be commenced on said land 6n'Pi''b6fib Mawr, 2, 1912 this lease shall terminate as to both parties unless lessee shall pay or tender to lessors credit the sum of $120.00 which shall operate as rental and cover privilege of deferring commence went of well for 12 months---- ISAAC PLATZ. VINTON A. BRAY. Acknowledged Mar. 26, 19319 by Isaac Platz, a widower and Vinton A. Bray, before Edwin L. Fenton, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires May 22, 1933 Seal. 56 86 Abstract No. 32407. Oil:& Gas Lease -- #2. ASSIGNMENT. 19 VINTON A. BRAY, of Dated May 12, 1931. Laurel, Montana, Endorsed on foregoing Lease. To HUGH FRASER, of Shelby, Montana. Consideration: $1.00. SELL, ASSIGN, TRANSFER, SET OVER AND CONVEY----the within Grant--- TO HAVE AND TO HOLD THE SAME FOREVER, subject nevertheless to the conditions therein contained. VINTON A. BRAY. Acknowledged May 12, 1931, by Vinton A. Bray, single, before George Ryburn, Notary Public for the State of Montana. Residing at Billings, Montana. Commission expires Jan. 17, 1933. Seal. 17.. 7`y 87 Abstract No. 32407. ASSIGNMENT OF OIL AND GAS LEASE. HUGH FRASER, To C. E. GILBERT, TRUSTEE. Dated July 21, 1931. 0 Filed July 27, 1931 at 10:30 A.M. Rec. Book 139, page 652. Document #264169. Consideration: $1.00. WHEREAS, on March 24, 1931, a certain oil and gas mining lease was made and entered into by and between Isaac Platz, a widower, of Laurel, Montana, Lessor, and Vinton A. Bray of Laurel, Montana, lessee covering the following described, land in Yellowstone County, Montana, to-wit: Lots 1, 5, and 6 in Section 15, and that land East of the North Pacific right of way in the NE?NW? and in the NJSEOMW of Sec. 22, Twp. 2 S., Rge. 24 E., containing 120 acres more or less. Said lease being recorded in the office of the Clerk and Recorder in and for said County in Book 139 of Misc. page 585, and WHEREAS, the said lease and all rights thereunder or incident thereto are now owned by Hugh Fraser. NOW, THEREFORE --- present owner of said lease and all rights thereunder or incident thereto, does hereby BARGAIN, SELL, TRANSFER, ASSIGN AND CONVEY unto C. E. Gilbert, Trustee, all of his right, title and interest of the original lessee and present owner, in and to the sail- loase..,.and rights.,t,hereu?nder in so far as it covers: Lot 5 in Sec. 15, and the NE MY and the NJSE4NW4 in Sec. 22, all in Twp. 2 S., Rge. 24 E. containing 72.33 acres, more or less, together with all personal property used or obtained in connection therewith to C. E. Gilbert, Trustee, and his heirs, successors and assij And for the same consideration, the undersigned, for him and his heirs, successors and representatives, does covenant with the said assignee, their heirs, successors or assigns, that he is the lawful owner of the said lease and rights and interest thereunder and of the personal property thereon, or used in connection therewith. That the undersigned has good right and authority to sell and convey the same 88 I Abstract No. 32107. Assn. of O. & G. Lease -- #2. V- and that said rights, interest and property are free and clear from all liens and encumbrances; that all rentals and royalties due and payable thereunder have been duly paid. HUGH FRASER. MRS. HUGH (LORETTA) FRASER. Acknowledged July 21, 19311 by Hugh Fraser, before R. J. Williams, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires May 27, 1933. Seal. 0 - - -- - 5j 89 9 f Abstract No. 32407. RELEASE OF OIL AND GAS LEASE. C. E. GILBERT, TRUSTEE, Dated Sept. 3, 1931. of Livingston, Montana, Filed Sept. 5, 1931 at 10:46 A.M. To Rec. Book 157, page 31. ISAAC PLATZ. Document {265218. RELEASE, RELINQUISH AND SURRENDER---all right, title and interest, in and to that certain oil and gas lease,made and entered into Mar. 24, 1931, by and between Isaac Platz of Laurel, Montana, as lessor and Vinton A. Bray of Laurel, Montana, as lessee, and covering the following described lands in Yellowstone County, Montana, to-wit: Lots 1, 5 and 6 in Sec. 15, and that land East of the N. P. right of way in the NE4NW4 and in the NJSE4NW4 of Sec. 22, Twp. 2 S., Rge. 24 E., and containing 120 acres, more or less, said lease being recorded in the office of the Clerk and Recorder of Yellowstone County, Montana, in Book 139 of Miscellaneous, at page 585. C. E. GILBERT, Trustee. tAQ"owledged Sept. 3, 1931, by C. E. Gilbert, before V. C. Miller, Notary Public for the State of Montana. Residing at Livingston, Montana. Commission expires Sept. 12, 1931. Seal. 0 - - - 60 90 t Abstract No. 32107. RELEASE OF OIL AND GAS LEASE. HUGH` FRASER , of Laurel, Montana, To ISAAC PLATZ. Dated Aug. 30, 1931. Filed Sept. 5, 1931 at 10:48 A.M. Rec. Book 157, page 31. Document #265219. RELEASE, RELINQUISH AND SURRENDER---all right, title and interest, in and to that certain oil and gas lease, made and entered into Mar. 24, 19319 by and between Isaac P1atz of Laurel, Montana, as lessor and Vinton A. Bray of Laurel, Montana, as lessee, and. covering the following described land, in Yellowstone County, Montana, to-wit: Lots 1, 5 and 6 in Sec. 15, and that land East of N.P. right of way in the NE1NW1 and in the N2SE4NW'? of Sec. 22, Twp. 2 S., Rge. 24 E. and. containing 120 acres, more or less, said lease being recorded in the office of the County Clerk and Re- corder of Yellowstone County, Montana, in Book 139 of Miscellaneous, at page 585. HUGH FRASER. Acknowledged Aug. 30, 1931, by Hugh Fraser, before J. JT. Hardie, Notary Public for the State of Montana. Residing at Shelby, Montana. Commission expires Dec. 29, 1932. Seal. G"I 91 0 Abstract No. 32407. LOCAL OIL COMPANY, a Montana corporation, To PAN-AMERICAN SYNDICATE, a Montana corporation. 0 LEASE. Dated June 13, 1931. Filed July 9, 1931 at 11:40 A.M. Rec. Book 139, page 636. Document #263724. Consideration: Covenants and Agreements. First party does hereby lease and let unto second party for term of 6 months beginning June 20, 1931 and ending Dec. 20, 1931, complete standard drilling rig,--with tools and equipment to be used by second party for drilling a test well on (lands not herein abstracted), at expiration of term aforesaid, second party will return such drilling rig to first party at its lease in Elk Basin, Wyoming----Second party has caused application to be made to the N.P. Railway Company for Oil and Gas prospecting permit covering: Sec. 15, Twp. 2 S., Rge. 24 E., ---and if when said permit is granted, second party will assign or cause to be assigned to first party such prospecting permit as to 80 acres of land covered thereby--- LOCAL OIL COMPANY, By W. E. FAHEY, Its Manager. PAN-A1.11RICAN SYNDICATE. By B. P. RADIGAN, Its President. Attest: L. G. FRASER, Its Assistant Corporate Seal) Secretary. Acknowledged July 9, 1931, by W. E. Fahey, Manager of the Local Oil Company, and acknowledged that said corporation acknowledged the foregoing agreement and that he executed same for the corporation, before R. C. Dillavou, Notary Public for the State of Montana. Residi at Billings, Montana. Commission expires Mar. 9, 1933. Seal. 0 - - - - 62 92 I # Abstract No. 32407. LEASE. ISAAC PLATZ and FRANK PLATZ, Dated May 4, 1926. first parties, Filed May 5, 1926 at 9:14 A.M. To BERTHA SIRRINE, second, party. Rec. Book 118, page 480. Document {203687. First parties have, for and in consideration of the rents and covenants hereinafter mentioned to be paid and. performed by said second parties, has demised, leased and let, and by these presents do demise, lease and let unto said second party, the following described premises: That certain piece of land having a west frontage of 480 ft. along the county road running south from the Yellowstone River Bank, and an east frontage of 395 ft. following the main gas pipe lane south from the said river bank, all of said land being in the SW?SW4 of Sec. 15, and the NW?NW? of Sec. 22, Twp. 2 S., Rge. 24 E., M.P.M. in Yellow- stone County, Montana. TO HAVE AND TO HOLD the above rented premises to said second party, her heirs, administrators, executors, and assigns, for and durin the full term of ten years from and after May 4, 1926, for a sum not to exceed 0150.00 per year for and during the term of this lease --- second party agrees not to sublet said premises without written consent of said first party, and that at the expiration of the time as herein recited, to quietly yield and surrender the said premises to said first parties in as good condition as when entered upon by her, ordinary wearandtearanddamagebytheelementsexcepted. ISAAC PLATZ. FRANK PLATZ. BERTHA SIRRINE. Acknowledged May,4, 1926 by Isaac Platz, Frank Platz, and Bert Sirrine, before Edwin L. Fenton, Notary Public for the State of Monta Residing at Laurel, Montana. Commission expires May 22, 1927. Seal. 0 t1q?4 93 0 Abstract No. 32407. WARRANTY DEED. FRANK P. PLATZ, a single man, of Laurel, Montana, To ISAAC PLATZ, of Laurel., Montana. N Dated Jan. 31, 1924. Filed Feb. 8, 1924 at 9:10 A.M. Rec. Book-110, page 118. Document #179472. Consideration: $1.00. Revenue: $1.50. GRANT, BARGAIN, SELL, CONVEY AND CONFIRM----real estate in Yellowstone County, Montana, to-wit: An undivided half interest in and to the following: Lots 5 and b of Sec. 15; Lot 1, the NE4NW4 and the NJSE?NW4 of Sec. 22, all in Twp. 2 S., Rge. 24 E., of the M.P.M., containing 143 acres, according to the government survey thereof, together with 80 shares of the capital stock of the Danford Ditch Company. Also any and all water rights, water ditches and water easements thereunto belonging, or in any wise appertaining, which are now, or hereafter may be used on said premises, however they may be evidenced, together with all shares of stock or shares of water in any ditch or irrigation company which in any manner entitle said grantees to water for irrigation or domestic purposes on said premises. It is understood and agreed by the parties hereto that this deed is given subject to a mortgage of $3000.00 dated Nov. 27, 1918, held by The Federal Land Bank of Spokane, Washington. with appurtenances--- WARRANT AND DEFEND. FRANK P. PLATZ. Acknowledged Jan. 31, 1924, by Frank P. Platz, a single man, before B. L. Price, Notary Public for the State of Montana. Residing at aUrel, Montana. Commission expires Oct. 23, 1924. Seal. 0 - - - - 64 94 95 0 Abstract No. 32407. ARTICLES OF INCORPORATION. T. R. HOLI7ES LUMBER COMPANY, To THE PUBLIC. Dated June 5, 1913. Filed June 18, 1913 at 9:28 A.M. File #645. Document ,44213. UNDER THE LAWS OF THE STATE OF MONTANA. NAME: T. R. Holmes Lumber Company. PURPOSES:To locate, lease, purchase, hold, mortgage, exchange, sell and convey lumber lands and timber claims rights, and to dispose of the same; ---To transact a general real estate business, to purchase, own, hold, subdivid , lay out, plat, develop, lease, sell, exchange, deal in convey or otherwise acquire, use and dispose of town- sites or town or lots, of the lots, blocks or subdivi- sions thereof----To loan money---on personal or real property--- PRINCIPAL PLACE OF BUSINESS: TERM: 40 years. CAPITAL STOCK: 440,000.00. Laurel, Montana. T. R. HOLMES. A. W. KING. E. E. HOLMES. Acknowledged June 5, 1913, by T. R. Holmes before B. L. Price, Notary Public for the State at Laurel, Montana. Commission expires Oct. 23 Acknowledged June 12, 1913, by A. W. King, Notary Public, Hennepin County, Minn. Residing Commiasion expires Feb. 4, 1915. Seal. 0- - - - tab and E. E. Holmes, of Montana, residing 1915. Seal. before J. E. Tappan, at Minneapolis, Minn. 96 0 4 Abstract No. 32407. SATISFACTION OF MECHANIC'S LIEN. T. .R. HOLUES LULWER GO., Dated Dec. 17, 1926. a corporation, Filed Feb. >, 1929 at 4:46 P.m. To File ;3139. E. S. KAMP and LEO KAMP. Document #233917. Consideration: Fully paid. CERTIFY, That a certain Mechanic's Lien in favor of T. R. Holmes Lumber Co., a corporation, of Laurel, I'aontana, and against E. S. Kamp and Leo Kamp, of Laurel, Montana, the Claim for which Lien bears date July 7, 1927---- the Verified Statement and Claim for said Lien being filed on July 8, 1927 at 9:32 A.M.--records of Yellowstone County, Montana---is fully satisfied, released and discharged---- T. R. HOLMES LUMBER CO. E. E. HOLNIES, Its Vice-President. Corporate Seal) Attest: T. R. HOLMES, Its Secretary. Acknowledged Dec. 17, 1926, by E. E. Holmes, known to be the Vice, President of T. R. Holmes Lumber Co., the corporation that executed th, foregoing instrument, and acknowledged that such corporation executed the same, before B. L. Price, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires Oct.. 25, 1930. Seal. 0- - - - G;'97 f Abstract No. 32407. ISAAC PLATZ, a widower, of Laurel, Montana, To FRANK PLATZ, of Laurel, Montana. WARRANTY DEED. 0 Dated Dec. 10, 1926. Filed June 6, 1931 at 2:00 P.M. Rec. Book 159, page 71. Document j#262760. Consideration: 01.00. GRANT, BARGAIN, SELL, CONVEY AND CONFIRM----real estate in Yellowstone County, Montana, to-wit: An undivided one-half interest in Lot 1, and the NEk W? and the NJSEkNW4 of Sec. 22, and Lots 5 and 6 in Sec. 15, all in Twp. 2 S. of Rge. 24 E., M.P.M., containing 121.36 acres, more or less, according to the plat---with appurtenances--- WARRANT AND DEFEND. ISAAC PLATZ. Acknowledged Dec. 10, 1927, by Isaac Platz, a widower, before Edwin L. Fenton, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires May 22, 1930. Seal. 68 98 99 100 Abstract No.` 32407. ISAAC PLATZ, a widower and FRANK P. PLATZ, a widower, both of Laurel, Montana, To NELLIE A. WOOTERS, of Laurel, Montana. 0 MORTGAGE. Dated May 25, 1936. Filed June 29, 1936 at 9:04 A.M. Rec. Book 187, page 296. Document ;310239. Consideration: 600.00. MORTGAGE, GRANT, BARGAIN, SELL AND CONVEY, land in Yellowstone County, Montana, to-wit: Lots 5 and 6 of Section 15; Lot 1, the NE4NW4 and the N_ISE?NW71; of Sec. 22, all in Twp. 2 S., Rge. 24 E., M.P.M., excepting therefrom a tract of land containing 20 acres, more or less, described as follows: Beginning at a point on the North and South quarter section line 195 feet North of the quarter corner between Sections 15 and 22, Twp. 2 S., Rge. 24 E., M.P.M., in Yellowstone County, Montana, and running thence South 64 degrees and 32 minutes West a distance of approximately 1865 feet to the East line of public highway No. 310, thence in a northerly direction along the East line of said highway, a distance of 330 feet, thence North 38 degrees and 45 minutes East a distance of 500 feet, thence North 38 degrees and 45 minutes West parallel to the said highway No. 310, a distance of of approximately 435.6 feet to the inter- section of the South bank of the Yellowstone River, thene in an Easterly direction along the South bank of said river to a point which is approximately 220 feet East of said North and South quarter section line, thence South 64 degrees West to the point ofbeginning --- and water rights To secure payment of certain promissory note in sum of $600.00 -- ISAAC PLATZ. FRANK P. PLATZ. Acknowledged May 25, 1936 by Isaac Platz and Frank P. Platz, both widowers, before B. L. Price, Notary Public for the State of isontana. Residing at Laurel, Montana. Commission expires Oct, 25, 1936. Seal. 0 j 101 Abstract No. 32407. SATISFACTION OF MORTGAGE. 0 NELLIE A. WOOTERS, of Dated March 209 1939. Laurel, Fontana. Filed March 30, 1939 at 2:26 P.M. To Rec. Book 211, page 118. ISAAC PLATZ, a widower, and FRANK P. PLATZ, a widower, of Document x#336959. Laurel, Montana. Consideration: Fully paid. CERTIFY AND DECLARE that a certain Mortgage, dated May 25, 1936, made and executed by Isaac Platz, a widower, and Frank P. Platz, a widower, of Laurel, Montana w-- to Nellie A. Wooters --- duly recorded in the office of the County Clerk and Recorder of Yellowstone County, Montana, on June 29, 1936 at 4:09 A.M. in Book 187 of Mortgages on page 296, --- is hereby fully paid, satisfied and. discharged. NELLIE A. WOOTERS Acknowledged March 20, 1939, by Nellie A. Wooters, before B. L. Price, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires Oct. 25, 1939. (Seal) 10 -j4( 2 102 Abstract No. 32407. LIEN. THOMPSON YARDS, INCORPORATED, Dated --- a Minnesota corporation, Vs. FRANK PLATZ and. ISAAC PLATZ Filed Feb. 18, 1938 at 2:58 P.M. File ;5694• Document #325446. Amount: 0154.55. Claims lien for lumber and building materials furnished for: Lots 5 and 6 Sec. 15, Tw 2 S., Rge. 24 E., and also Lot 1 and NE4NWk and NjSE?iW? Sec. 22, Twp. 2 S., Rge. 24 E., Yellowstone County, Montana, according to the plat --- THOMPSON YARDS, INCORPORATED. By JAS. W. GAMBLE, Its Agent. Verified by James W. Gamble, Agent ---- 0 - - - - 103 Abstract No. 32407. ARTICLES OF INCORPORATION Certified Copy) THOMPSON YARDS, INCORPORATED, To THE PUBLIC. 0 Dated Mar. 30, 1915. Filed Oct. 3, 1927 at 10:34 A.M. File #1763. Document 215531. UNDER THE LAWS OF THE STATE OF MINNESOTA. NAME: Thompson Yards, Incorporated. PURPOSES: ---to buy, sell, deal in and dispose of lumber--- to.purchase, own, sell, lease, mortgage or other- wise dispose of any real and personal property--- PRINCIPAL PLACE OF BUSINESS: Minneapolis, Minnesota. Changed to St. Paul, Minn.) TERM: 30 years. CAPITAL STOCK: $1,000,000.00 (Increased) N. H. C LAPP. C. S. PEACOCK. G. S. MACARTITEY. L. A. PEIL. J. W. MAHAN. Acknowledged Mar. 30, 1915, by 1T. H. Clapp, C. S. Peacock, G. S. Macartney, L. A. I7eil and. I. W. Mahan, before A. W. Clapp, Notary Public for Ramsey County, Minnesota. Commission expires Oct. 15, 1919. Seal. Attached is Certificate dated Sept. 22, 1927 of Mike Holm, Secretary of State of the State of Minnesota, that foregoing is true copy of Articles of Incorporation of Thompson Yards, Incorporated., and Amendments. 0 - - - - 74 104 Abstract No. 32407. 0 SATISFACTION OF MECHANIC'S LIEN. THOMPSON YARDS, INCORPOtu. T-,"D, Dated Mar. 30, 1939. a corporation, of the State of Minnesota, Filed kpril 10, 1939 at 3:40 P.Iji. To FRANK PLATZ and ISAAC PLATZ. File #5694. Document x#337293. Oonsideration: Fully paid. CERTIYY that a certain mechanic's Lien in favor of Thompson Yards Incorporated and against Frank Platz and Isaac Platz, the claim for which Lien bears date Feb. 18, 1938 --- and the verified Statement and Claim for said Lien being recorded in the office of the County Recorde in and for Yellowstone County, Montana, on Feb. 18, 1938 at 2:58 P.M., is fully satisfied, released and discharged---- THOMPSON YARDS, INCORPORATED By G. S. MACARTNEY, Its Second Vice-Presiden Corporate Seal) J. H. NOLAN, Its Assistant Secretary. Acknowledt ed P41ar. 30, 1939, by G. S. Macartney and J. H. Nolan, known to be the 2nd Vice President and the Assistant Secretary of the corporation that executed the within and foregoing; instrument, and acknowledged that such corporation executed the same, before S. A. Fishier, Notary Public, Hennepin County, Minn. Commission expires Aug.l291942. Seal. ea 105 Abstract No. 32407. CONTRACT FOR DEED FRANK PLATZ, a widower and Dated Aug. 24, 1934• ISAAC PLATZ, a widower, of Laurel, Montana, f.i,rst parties, Filed Dec. 21, 1935, at 9:50 A.M. To Rec. Book 183, page 512. CITY OF LAUREL, MONTANA, a Document 305776. municipal corporation, of Laurel, Montana, second party. Consideration: $2000.00. First parties agree to sell to second parties -- clear of all encumbrances -- ground in Yellowstone County, Montana, to-wit: A tract of land beginning at a point on the North and South quarter section line 195 feet North of the quarter corner between Sec- tions 15 and 22, Twp. 2 S., Rge. 24 E., M.P.M., Yellowstone County, Montana, and running thence South 640 32' West a distance of approxi- mately 1865 feet to the East line of public highway No. 310, thence in a Northerly direction along the East line of said highway, a distance of 330 feet, thence North 59° and 15' East a distance of 500 feet, then( North 380 and 45' West parallel to the said highway No. 310, a distance of approximately 435.6 feet to the intersection of the South bank of the Yellowstone River, thence in an Easterly direction along the South bank of said river to a point which is approximately 220 feet East of said North and South quarter section line, thence South 64° West to the point of beginning, containing 20 acres, more or less. Together with 10 shares of 11ason Ditch Company Capital Stock. for the sum of $2000.00 -- $1000.00 due at or before execution of this contract and $1000.00 at or before Jan. 1, 1937 -- with interest -- FRANK PLATZ ISAAC PLATZ CITY OF LAUREL, MONTANA By R. BROUGHTON, Its Mayor Corporate Seal) Attest: T. A. RIGNEY, City Clerk. 106 107 s Abstract No. 32407. WARRANTY DEED FRANK P. PLATZ and IDA MAY PLATZ, his wife, and ISAAC PLATZ, a widower, of Laurel, Montana, To THE CITY OF LAUREL, MONTANA, a municipal corporation, of Laurel, Montana. 0 Dated Oct. 21, 1936. Filed Nov. 21, 1936, at 11:50 A.M. Rec. Book 192, page 191. Document #314395. Consideration: $2000.00. Revenue: $2.00. GRAN'T', BARGAIN, SELL, CONVEY, WARRANT AND CONFIRM -- real estate in the City or town of Laurel, Yellowstone County, Montana, to-wit: A tract of land beginning at a point on the North and South quarter section line 195 feet North of the quarter corner between Sections 15 and 22 in Twp. 2 S., Rge. 24 E., M.P.M., in Yellowstone County, Montana, and running thence South 64 degrees and 32 minutes West a distance of approximately 1865 feet to the East line of public highway No. 310, thence in a Northerly direction along the East line of said highway a distance of 330 feet, thence North 59 degrees and 15 minutes East a distance of 500 feet, thence North 38 degrees and 45 minutes West parallel to the said highway No. 310 a distance of appro- ximately 435.6 feet to the intersection of the South Bank of the Yellow stone River, thence in an Easterly direction along the South bank of said river to a point which is approximately 220 feet East of said Nort2 and South quarter section line, thence South 64 degrees West to the point of beginning, containing r?enantacres,to saidolandsless, fromthetogetherDanford all water and water rights appu Irrigation District --- with appurtenances --- WARRANT AND DEFEND. FRANK P. PLATZ IDA MAY PLATZ ISAAC PLATZ Acknowledged Oct. 21, 1936, by Frank P. Platz and Ida May Platz, his wife, and Isaac Platz, a widower, before B. L. Price, Notary Public for the State of Montana. Residing at Laurel, Montana. Commission expires October 25, 1936. Seal. 108 0 Abstract No. 32407. WARRANTY DEED ISAAC PLATZ, a widower and Dated July 31, 1937. FRANK P. PLATZ and IDA MAY 9:12 A.M. PLATZ, his wife, all of Laurel. Filed April 19, 1939, at To NELLIE A. WOOTERS, of Laurel, Montana. Rec. Book 210, page 304. Document {337584. Consideration: :2000.00. Revenue: $2.00 GRANT, BARGAIN, SELL, CONVEY, WARRANT AND CONFIRM -- real estate in Yellowstone County, Montana, to-wit: A tract of land lying and being in Sections 15 and 22, Twp. 2 S.? Rge. 24 E., M.P.M., in Yellowstone County, Montana, and more particu- larly described as follows, to-wit: Beginning at a point where the east line of U. S. Highway No. 310 intersects the south bank of the Yellow- stone River and running thence easterly along said south river bank, a distance of 500 feet, thence south 38 degrees and 45 minutes east anda parallel to said Highway No. 310 a distance of 435. feet, thence westerly direction 500 feet to a point on the east line of said highway, whivh is 435.6 feet south of the point of beginning, and thence in a northerly direction along the east line of said highway a distance of 435.6 feet to the point of beginning, containing 5 acres, more or less, together with all water and water rights appurtenant to said lands --- with appurtenances ---- WARRANT AND DEFEND. ISAAC PLATZ FRANK P. PLATZ IDA MAY PLATZ Acknowledged July 31, 1937, by Issac Platz, a widower and Frank P. Platz and Ida May Platz, his wife, before B. L. Price, Notary Public for t State of Montana. Residing at Laurel, Montana. Commission Expires Oct. 25, 1939. Seal. 0 - -- - -- r:109 110 i 9 Abstract No. 32407. C. W. PLATZ and NAOMA PLATZ, his wife, of Laurel, Montana, Lessors, To YALE OIL CORPORATION, of South Dakota, a South Dakota corpora- tion, at Billings, Montana, Lessee. LEASE Dated May 3, 1939. Filed May 5, 1939, at 2:52 P.M. Filed Only. Document #338047• Consideration: Rentals. LEASE, DEMISE AND LET unto Lessee, for a term of one year, commencing on June 15, 1939, and ending on June 15, 1940, the following described premises and property, to-wit: A certain tract of land in the NW?NTX4 of Sec. 22, Twp. 2 S., Rge. 24 E., M.M., being 223.5 feet by 250 feet, containing 1.25 acres, more or less, fronting and on the easterly side of the main highway leading South from Laurel, Montana, immediately South of what is known as "City Park" together with the service station building thereon. And personal property) The Lessee hereby hires said premises and property from the Lessors for the term aforesaid, and agrees to pay therefor, a rental of $360.00 per year, payable in advance on or before the date of commen meet of this lease as above provided ---. If Lessee shall handle more than 32,000 gallons of gasoline through said service station during the original term of this lease, it shall have a right to renew the same for an additional 5 years at a rental of $45.00 per month payable monthly in advance during; such extended term. If Lessee shall handle less than 32,000 gallons of gasoline through said station during the original term of this lease, it shall have an option to extend such lease for one year at a rental of $30.00 per month payable monthly in advance, and for 5 additional years at a rental of $45.00 per month payable monthly in advance. If Lessee shall desire to exercise this option - it shall give the Lessors:!written notice thereof -- not less than 10 days before the expiration of the original term of this lease. The Lessee shall have the privile e and option of purchasing the above described property for the sum of 4000.00 at any time during the original term of this lease, by giving Lessors or either of them Nl e- 111 0 ! Abstract No. 32407 Lease --- #2. written notice of its desire to exercise this option --- During the period of any renewal of this lease, Lessors shall have the right and privilege to sell the above described property, sub- ject to all the terms and conditions of this lease, and Lessee shall have the first privilege and option to purchase said property for the amount of any bona fide offer made to Lessors by any other person. Promptly upon receipt of any such notice from Lessee during the original term of this lease, or upon the exercise of its option to purchase during any renewal of the lease, as hereinbefore set forth, the Lessors shall furnish the Lessee an abstract of title, certified down to date, showing good, merchantable title to said premises and property in the Lessors, and the Lessee shall have 10 days thereafter within which to cause- such abstract to be examined by its attorneys. In the event that such examination shall disclose merchantable title in the Lessors to the abare described property, the Lessors shall make, execute and deliver a good and sufficient deed and bill of sale, with the usual covenants of warranty, covering the premises and property above describ to the said Lessee, and at the same time the Lessee shall pay to said Lessors, the purchase price therefor, as hereinabove specified. --- The Lessors shall pay all taxes and assessments of every kind which may be levied or assessed upon or against the property above described belonging to them. --- At the end of the term of this lease or any re- newal thereof, the Lessee shall return said premises and property to the Lessors in as good condition of order and repair as the same are now in, or may hereafter be put into, reasonable wear and tear and damag by fire or the elements only excepted; it being further understood that the Lessee shall have 30 days after the termination of this lease or an,, renewal or extension thereof, in which to remove any property belonging to it from the premises above described. This lease shall be binding upon and enure to the benefit of the heirs wife , siding successors and assigns of the parties hereto. C. W. PLATZ NAOMA PLATZ YALE OIL CORPORATION OF SOUTH DAKOTA By P. N. FORTIN, As Its Vice-President. Acknowledged May 3, 19392 by C. W. Platz and Naoma Platz, his before L. C. Wilson, Notary Public for the State of Montana. Re- at Billings, Mont. Commission expires May 19, 1940• Seal. Acknowledged May 3, 19399 by P. N. Fortin, known to be the Vice- resident of Yale Oil Corporation of South Dakota, the cor- poration which executed the foregoing instrument and acknowl that such corporation executed the same, before L. C. Wilson Notary Public for the State of Montana. Residing at BillingkMont. Commission expires May 199 1940. Seal. 0 84 d e ed 112 Abstract No. ARTICLES OF INCORPORATION Certified Copy) YALE OIL CORPORATION OF SOUTH DAB OTA, To THE PUBLIC. Dated Nov. "25, 1922. Filed May 22, 1940 at 1:00 P.M. File „`2404. Document x/=34993&. UNDER THE LAWS OF THE STATE OF SOUTH DAKOTA. NAME: YALE OIL CORPORATION OF SOUTH DAKOTA. - PURPOSES: -- To purchase or otherwise acquire, hold-, own, mortgaFre, sell, convey or otherwise dispose of rea and personal property of every class and descripti in any of the states, districts, territories, or colonies of the U. S. subject to the laws of such state, district, territory, colony or country PLACE: Principal business office -- Rapid City, South Dakota, but business offices may be located at Minneapolis, Minnesota, and Miles City, Montana. TERM: 25 years. CAPITAL STOCK: w100,000.00. L. B. E. E. B . Fi . Acknowledged Nov. 25, 1922, by L. B. before George E. Dyer, Notary Public, Hennepin Commission expires Apr. 10, 1926. Seal. HANCOCK. DURRIN. BELL. Hancock, and E.E. Durrin, County, Minnesota. Acknowledged Nov. 29, 1922, by B. H. Bell, before Geo. fi`AMON. White, Notary Public, Pennington County, South Dakota. ion expires Apr. 1, 1924. Seal. 1,r, n Ii. Commis - 113 0 0 Abstract No. Art. of Inc. ---;?2. Attached is Affidavit of Good Faith, signed. by L. B. Hancocl and F. E. Durrin). Attached is Certificate of true copy by C. E. Coyne, Secre- tary of State of the State of South Dakota.) Attached is Armend.-nent to Articles of Incorporation--- in- creasing capital stock to One Million Dollars --- attached is certificateoftruecopybyOliveA.Ringsrud, Secretary of State of the State of South Dakota). Attached is Certificate of true copy by Sam W. Mitchell, Secretary of State of the State of Montana --- that foregoing; is full, 1 true and correct copy of above instruments as same appears of record in the office of the Secretary of State of the State of Montana. (Great Seal of the State of Montana). ABSTR7AtT GUARANTY COMPAN?.--`'8 114 Abstract No. 32407. OIL AND GAS LEASE 15AAC PLATZ, FRANK PLATZ and Dated Aug. 14, 1939. IDA MAY PLATZ, wife of Frank Platz, of Laurel., Montana, Filed Sept. 1, 1939, at 10:42 A.M. first parties, hereafter called Lessor (whether one or more) Rec. Book 204, page 67. To Document //-341353. JOHN M. THOMAS, Shelby, Montana, Consideration: $1.00 second party, Lessee. GRANT, DEMISE, LEASE AND LET --- for the sole and only purpose of mining and operating for oil and gas and laying pipe lines and building tanks, powers, stations and structures thereon, to produce, save and take care of said products, -- land in Yellowstone County, Montana, to-wit: Lots 5 and 6 (less 11 acres City park) in Sec. 15, Twp. 2 S., iZge. 24 E., containin 39.71 acres, more or less, and Lot 1 and NE4NW4, N?sr"41w4 (less 14 acres City Park) in Sec. 22, Twp. 2 S., Rge. 24 E., containing 64 acres, more or less. It is agreed that this lease shall remain in force for a term of 5 years from date and as long thereafter as oil or gas or either of them is produced from said land by the lessee. In consideration of the premises the said lessee covenants and agrees: First: To deliver to the credit of Lessor, free of cost, in the Ipipelinetowhichhemayconnecthiswells, the equal 1/8 part of all oil produced and saved from the leased premises. a Second: To pay Lessor for gas from each well where gas only is found, the equal 1/8 of the gross proceeds at the prevailing market rate for all gas used off the premises, said payments to be made monthl , and Lessor to have gas free of cost from any such well for all stoves and all inside lights in the principal dwelling house on said land dur- ing the same time, by making his own connections with the well at his own risk and expense. Third: To pay Lessor for gas produced from any well and used off l"?)115 9 0 Abstract No. 32407. 0. & G. Lease -- #2. the premises or for the manufacture of casinghead gasoline or dry commercial gas, 1/8 of the gross proceedings at the prevailing market rate for the gas used for the time during which such gas shall be use said payments to be made monthly. If no well be commenced on said land on or before Aug. 14, 1940t this lease shall terminate as to both parties, unless the Lessee on or before that date shall pay or tender to the Lessor, or to the Lessor' credit in The Yellowstone Bank at Laurel, Montana, or its successor, or successors or any bank with which it may be merged, or consolidated or which succeeds to its business or assets, or any part thereof, by purchase or otherwise, which shall continue as the de ository regardless of changes in the ownership of said land, the sum of &51.50 which sum shall operate as a rental and cover the privilege of deferring the commencement of a well for 1Z months from said date. In like manner and upon like payments or tenders, the commencement of a well may be further deferred for like periods of the same number of months succes- sively. It is understood and agreed that the consideration first recit( herein, the down payment covers, not only the privileges granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid and any and all other rights conferred. Should the first well drilled on the above described land be a dry hole, then, and in that event, if a second well is not commenced on said land within 12 months from the expiration of the last rental perioc which rental has been paid, this lease shall terminate as to both parti( unless the lessee on or before the expiration of said 12 months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided, and it is agreed that upon the resumption of the payment of rentals as above provided, that the last preceding paragraph hereof, governing the payment of rentals and the effect there( shall continue in force just as though there had been no interruption in the rental payments. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royal. ties and rentals herein provided, shall be paid the Lessor only in the proportion which his interest bears to the whole and undivided fee. 3Nessee shall have the right to use, free of cost, gas, oil and water produced on said land for its operation thereon, except water from wells of Lessor. 4 S d f s f, 116 9 0 Abstract No. 32107. 0. & G. Lease -- #3. When requested by Lessor, Lessee shall bury his pipe lines below plow depth. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without the written consent of the Lessor. Lessee shall pay for damages caused by its operations to growing crops on said lands. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. If the lessee shall commence to drill a well within the term of this lease or any extension thereof, the lessee shall have the right to drill such well to completion with reasonable diligence and dispatch and if oil or gas or either of them be found in paying quantities this lease shall continue and be in force with like effect as if such well had been completed within the term of years herein first mentioned. If the estate of either party hereto is assigned, and the pri- vilege of assigning in whole or in part is expressly allowed, the cove- nants hereof shall extend to their heirs, executors, administrators, successors or assigns, but no change in the ownership of the land or assignment of rentals or royalties shall be binding on the lessee until after the lessee has been furnished with a written transfer or assign- ment, or a true copy thereof; and it is hereby agreed in the event this lease shall be assigned as to a part or as to parts of the above de- scribed lands, and the assignee or assignees of such part or parts shalt fail or make default in the payment of the proportionate part of the rents due from him or them, such default shall not operate to defeat or affect this lease insofar as it covers a part or parts of said lands upon which the said lessee or any assignee thereof shall make due pay- ment of said rentals. Lessor hereby warrants and agrees to defend the title to the lands herein described and agrees that the lessee shall have the right F any time to redeem for lessor by payment, any mortgages, taxes, or other liens on the above described lands, in the default of payment by lessor, and by subrogating to the rights of the holder thereof. ISAAC PLATZ FRANK PLATZ IDA MAY PLATZ JOHN M. THOMAS t 117 0 Abstract No. 32407. 0. & G. Lease -- A. Acknowledged Aug. 14, 1939, by Isaac Platz, Frank Platz and IdaMayPlatz, Lessors, & John M. Thomas, Lessee, before Clement Miller,Notary Public for the State of Montana. Residing at Laurel, Montana.Commission expires 4-10-42. Seal. ASSIGNMENT- KNOW ALL MEN BY THE SE PRE SENTS :That John M. Thomas of Shelby, Montana, the within named Granteeiconsiderationofthesumof ;140.00 to him in hand paid, the receiptwhereofisherebyacknowledged, does hereby SELL, ASSIGN, TFA1dSKR,SET OVER AND CONVEY unto L. W. CARTER, of Billings, Montana, his heirsandassigns, undivided 1/2 int. the within grant. To have and to Hold the Same Forever, subject, nevertheless totheconditionsthereincontained. In Witness Whereof, the said (grantor has hereunto set his handonthis1stdayofSeptember, 1939. JOHN M. THOMAS Acknowledged Sept. 1, 1939, by John M. Thomas M,Jorgenson, Notary Public for the State of Montana. , before 0. Montana. Commission expires December 10 Residing at Billing1941. Seal. 0 - - - - 2°"- BSA RA(I L AKY P AP? 118 I i Tract in Lots 5 & b, Sec. 15 and in Abstract No. 32407 Lot 1 and NE41TS4 Sec. 22--2S-24E. S. Of River. C E R T I F I C A T E The ABSTRACT GUARANTY COMPANYi a corporation, hereby certifies that the foregoing Abstract of Title, a,oAsisting of Sheets 1 to 890 Caption and Certificate, both inclusive, comprises a true abstract of all instr=ents of record or on file in the office of the County Clerk and Recorder and of the Clerk of the District Court of the County of Yellowstone, State of Montana, including suite, suits pending, probate or other p ?oceed1ngs therein, which In any manner affect the title or constitute liens on the real estate described in the caption of this abstract. FURTHER CERTIFIES that as shown by the Judgment Docket in the office of said Clerk of the District Court there are no unsatisfied Jud_rp,ents affecting the title, excepting as herein shown, if any, as against the name s of Frank P. Platz, Isaac Platz, The City of Laurel, or Nellie A. Wooters, or any of the Grantees named herein. FURTHER CERTIFIES that as shown bit the records in the office of the County Treasurer of said County, Taxes for all years, up to and including 1939, are paid; None assessed for 1940. This Certificate does not cover Chattel Mortgages or Condi- tional Sales Contrasts filed as Chattel Mortgages. IN WITNESS WHEREOF, said ABSTRACT GUARANTY COMPANY has caused these presents to be signed, and its Corporate Seal to be affix- ed this TWENTY-SEVENTH day of FEBRUARY, A. D. 1941, at 8:00 o'clock A.M. ABSTRACT GUARANTY COP IJ v By VICE PRESTD-ENT. 81)119 7-29 . RKV. 8.1.60 RIGHT OF WAY AGREEMENT V 73ty (STANDARD FORM) FOR AND IN CONSIDERATION of the sumo ONE MDRED SIX DOLLARS r Dollars ( - -) , in hand paid, the receipt of which is hereby acknowledged City of Laurel Montana hereinafter referred to as Grantor,does hereby grant unto Continental Pipe Line Company, a Delaware corporation having offices in Ponca City,Oklahoma, hereinafter referred to as Grantee, its successors and assigns, the right to lay, maintain, inspect;alter, repair, operate, protect, remove and relay a pipe line or pipe lines, for the transportation of oil and gasandproductsandby-products thereof, water and other substances, and such drips, valves, fittings, metersandotherequipmentandappurtenancesasmaybenecessaryorconvenientforsuchoperationsand, if neces- sary, to construct, maintain, operate, remove and replace communication. and control facilities upon, over,through and under the following described..land. situated ' Yellowstone County,State of H nta.na . to wit: That part of Lot 4 of Section des-cribed as follows: ' A tract of land located in Lot 4, Section 15, 2 S, Range 24 E, lyingadjacenttotheYellowstoneRiverandtheCountyroadattheirinter- section, beginning at a point which is 2100 feet south and 64 feet east of thequartercornerbetweenSections15and16, 2 S, Rge 24 E. (Said pointisoppositetoapointwhichis250feetnorth38° and 45' west, measuredalongthecenterlineoftheNorthernPacificRailwayCompany's tractfromthefaceoftheabuttmentoftheNorthernPacificbridgewhichislocatedonthenorthbankoftheYellowstoneRiver);thence North 51° and 15' east 465 feet;, thence at a right angle, running south 38° and 45' east 195 feet to thebankoftheYellowstoneRiver; thence in a westernly direction along the bank of the river to a pointwhichis65feetfromtheeasternlyboundarylineofthecountyroad;thence north 38°.and 45' west 16o feet parallel to said county road;thence south 51° and 15' west 65,feet to the easternly boundary line ofthecountyroad; -- thence north 33° and 45' west 54'feet to the point of beginning;and that part of Lot 3 of Section 15, Township 2 South, Range 24 East,Yellowstone County, Montana described as.,foll,ows: Commencing at a point which is 665.3 feet due south of the center ofSectionl5, Township 2 South, Rge 24 East, M.P.M., and running thence south along the north and south one-fourth line 964.5feettothenorthbankoftheYellowstoneRiver;thence along the north bank of the Yellowstone river S 70° 43', 424.2 feet;thence north 1104.5 feet; thence east ginning; and that part Oof Government LotsP5inand 6, t of be _ _...__.-__--- _.._.. __...... ---..,.._-..._ _ ..._:_ Range 24 East, Yellowstone County, MontanaSection l5, Township 2 South, and that part of Government Lot I and the Northeast Quarter NorthwestQuarter (NE NWJ) Section 22, Township 2 South, Range 24 East, Yellow-stone County, Montana described. as • follobvs Beginning at a point on the north and south quarter section line 195feetnorthofthequartercornerbetweenSections15and22inTownship2SouthofRange24East, M.P.M., in Yellowstone County, Montana, andrunningthence-south 64 degrees and 32 minutes west a distance of approxi-mately 1865 feet to the east line of public highway No. 310, thence in anortherlydirectionalongtheeastlineofsaidhighwayadistanceof330feet, thence north 59.degrees and 15 minute, east a distance of 500 feet,thence north 3 degrees and 45 minutes west parallel to the said high-way No. 310 a distance of approximately 435.6 feet to the intersectionofthesouthbankoftheYellowstoneRiver,thence in an easterly direction along the south bank of said river to apointwhichisapproximately220feeteastofsaidnorthandsouthquartersectionline, thence south 64-degrees west to the point of beginning. together with the rights of ingress and egress to and from said line or lines, or any of them,.for the • purposesaforesaid, hereby releasing and waiving for the purpose of this grant all rights under and by virtue of.theS1. _-A _ -- , 1t - -- - - -' - ' ' - . _ _ • . 1 n ., . 120 described,as.follows: 11 Beginning' at a point on the north and south quarteJ• section line 195 feet north of the quarter corner between Sections 15 and 22 in Township2SouthofRange24East, M.P.M., in Yellowstone County, Montana, and running thence south 64 degrees and 32 minute, west a distance of approxi- mately 1365 feet to the east line of public lAghway No. 310, thence in a northerly direction along; the east lane of said highway a distance of 330 feet, thence north 59.degrees and 15 minutes east a distance of 500 feet,thence north 33 degrees and 45 minute .west parallel to the said high- way No. 310 a distance of approximately 435.6 feet to the intersection of the south bank of the Yellowstone River, thence in an easterly direction along the south bank of said river to a point which is approximately 220 feet east of said north and south quarter section line, thence.south 64 degrees west to the point of beginning. together with the rights of ingress and egress to and from said line or lines, or any of them, for the-purposes aforesaid, hereby releasing and waiving for the purpose of this grant all rights under and by virtue of the dower, homestead and homestead exemption laws, if any, of said state. Grantor shall have the right to fully use and enjoy the said premises except as the same may be neces- sary for the purposes herein granted to the said Grantee; and Grantee hereby agrees to pay any damages which may arise to crops, pasturage, fences or buildings of said Grantor from the exercise of the rights herein granted. Grantee shall have the right to change the size of its pipes, the damages, if any, in making such change to be paid by the said Grantee. Grantor agrees not to build, create or construct any obstruction, engi- neering works, or other structure over said pipe line or lines nor permit same to be done by others. Any pipe line or lines constructed by Grantee across lands under cultivation shall, at the time of con- struction thereof, be buried to such depth as will not interfere with such cultivation, except that at option of Grantee any such line may be placed above any stream, ravine, ditch, or other watercourse. Should more than one line be laid under this grant at any time, an additional consideration, calculated on the same basis per lineal rod as the consideration hereinabove recited, shall be paid for each line so laid after the first line. This Right of Way Agreement may be assigned by Grantee, its successors and assigns, in whole or in part, vesting in any other person, firm or corporation the ownership of one or more pipe lines or an undivided interest therein and/or communication lines, with full rights of ingress and egress for the maintenance, repair, operation, replacement and removal thereof. The terms, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. WITNESS the execution hereof the All In thrpresenee-efi- 2?? .17 Tract No. No. of Rods Check No. Charge Memo AFR - 55 121 STATE OF Montana ss. COUNTY OF Yellowstone Kansas-Oklahoma-Missouri Form) Before me, the undersigned, a notary public within and for said county and state, on this 4th day of Janua-a. 1g 61 , personally appeared Yl - J. T- Fai-ker, I)oroth_ P. Bundy., CityClerk of the City of ontLan known to me to be the identical persons described in and who execute_"he within and foregoing instrument,and acknowledged to me that they executed the same as their free - d voluntaryr_aet and deed, for the uses,purposes and consideration therein set forth. -! My commission expires: January 15, 1961 otary Public STATE OF COUNTY OF Before me, County, . . ss. a notary public in and for on this day personally appeared Texas Form) known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledgedtomethattheyexecutedthesameforthepurposesandconsiderationthereinexpressed. Also before me on this day personally appeared wife of , known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said , acknowledgedsuchinstrumenttobeheractanddeed, and declared that she had willingly signed the same for the purposesandconsiderationthereinexpressed, and that she did not wish to retract it. Given under my hand and seal of office, this My commission expires: day of A.D., 19 . Notary Public in and for County, STATE OF ' ss• (Colorado Form) COUNTY OF The foregoing instrument wascknowledged before me this 19 , by Witness my hand and official sea a. Msr nn+•nmi?cinn. a?rr?irart _._... ?` '???' . - ? STATE OF ontana s5. COUNTY OF day of o"5;"Z Aqto ,? `? S? v Rp .5??,? ,yo G? s OF N0. MONTANA AC TE On this ?? day of -January , 196 1-, before me personally appeared a ayor and the City. Clerkyknowntobethei?t of the corporation that executed the within instrument and acknowledged to me that sugh corporation executed the some. Given under my hand.and seal this - ht-b day of _._..jamutry 196 -?. . My commission expires Jan 15 Notary _ bl ic.:..,..... _ S 122 i CONTINENTAL PIPELINE COMPANY T_ RANSWESTE.RIY.LIFL .-.-- 404 NORTH 31sT STREET BILLINCS, MONTANA 59101 September 21, 1971 Honorable Mayor and City Council 115 West 1st Street Laurel, Montana Gentlemen: In conjunction with a significant increase in pipeline capacity south of Billings, Continental Pipe Line requests modification of an existingeasementtoinstall?an eight inch pipe line across City property on the north and south sides of the Yellowstone River Bridge. Attached are two City of Laurel drawings on which the proposed pipelinelocationisshown. Based on a Job site reconnaissance with Mr. John Daly, we anticipate._no...interference problems with Ci-ty facilities. The magnitude of our increased volume requirements has been somewhat unexpected because of recent changes in import policies and has dictated an accelerated construction schedule. We would appreciate your earliest possible consideration of this request. Very truly yours„,, . J. E. Bertelsmeyer District Engineer JEB-dp Attachments 123 124 125 Gas' .?.-• - -I - , G/V 1C 21 T V 5T 0 15 22 Ilei' 0?j4 23?c9 ? ? i j 811 PIPE LIKYE CR0S5ING CITY OF: LnUf1_EL'S P20PE12TY SW %4 5W%4 SEC. 15, NW %4 N)W'/4 4 IJ E %4 WA/ 4 SEC. 2 Z, T2 S- 17-?-4- E' YELLOWS _{-CC&)C COUK: TY, MDNT CENTER LINE DESCRIPTION: BEGINNING at a point 86.3 feet North and 68.5 feet East of the Southwest corner of Section 15, Township 2 South, Range 24 East, Yellowstone Count Montana; THENCE South 280 29' East a distance of 870 feet to an angle point; THENCE South 390 30' East a distance of. 413 feet to an angle point; THENCE South 190 52' East 256 feet to a point in the South Line of this Tract, said point is 1190 feet West and 461 feet South of the North- east corner of the NWI of Section 22, Township 2 South, Range 24 East, ter Line o? an ase-Yell - owstone Coun-ty-; Montana, This b -_-eing the _ _ Cen . ment sixty feet (60") in width and thirty feet (30') on each side of the center Line and containing 53 rods in linear measurement. SCL\L_- V=500 ISSUE: IG PLC: 60 - D W R. C PL I5 a- APPR1 ©G?1 ?f1?9 LATH PIPF LINE COMPANY PONCA CITY OKLAHOMA_ 1 1. IDATE: fR1ANGL! 196 L 1' V c G--v 2 i .?3 I 7+70 PROP LIV3'F-j 9+or wt\TLUa EQG'E E Z+ 7A WL,'TE.V_S EDGE 2P°29'E-870' I 51ca052.'E-256' 17j 67 SECT10.0 LlQF- ? 539°30'E- 413' 1190' `` 8"CI7UpE all.. PIPE.. l^INE 126 1 1 M r ` i:i : • HIf NUTTING ROTHERS SUBDIVISION 1 j /U•LIt I NUTTING 19110 SUB. ro • h !D •1 n Y! MgOIVMi K I 3rd L?IEWI a SUEF- NUTTING BROTHERigHOOLSly. ' ICY r..r ryTTNN ~ W6L WRY ? ]RK ¦?. AL ARD r"M ? TING 11mb? LAUL ? r?s???"alp sueavlsloN I® 1` - IZ 1! 11igoI?i 167-1POP] I1?®?r 11? R? LT • I/_v - r Horn. EL .,•..• a 0:1T Arm,a ® 1 • t r NUTTING 2nd sue , MA Us r1 p IW IyEMAN....-SU •?' w • I I3rd g w 1? ? / e.rllNwt• M rwr n• i A' L: ERS •? UNION O pt•• O •, p p 0 CENTRAL p EXCHANK 0. -0 Coro i I,,* wwq. 40, Q' ! rr? w` rr ' 10 r ?? ? ONlgl••I• M s c.Ilu. ?u ?? i~ $ rN ; e n r w Y r i 1. ri z rr•1 MT i ' r r.?_J --- iMNfIgN •I An•T - - -- EMIThuI• •• 1 1 TOT 127 7-62 S Rev. 6-•1-57 RECEIPT AND RELEASE January 3 . - . r 19 6 RECEIVED FROM CONTINENTAL PIPE LINE COMPANY, A DELAWARE CORPORATION, THE SUM OF 01TE EUNDUD FIFTY NINE . 159.00 _ - - - - - DOLLARS 4_159 .00 ^-?-----?, WHICH I/WE ACKNOWLEDGE TO BE IN FULL SETTLEMENT AND D•I SCHARGEOFALLCLAIMSGROWINGOUTOFPROPERTYDAMAGESUSTAINEDBYMEA5; AND, IN CONSIDERA-TION OF SAID SUM, HEREBY REMISE, RELEASE, AND FOREVER DISCHARGE SAID COMPANY, ITSSUCCESSORSANDASSIGNS, FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS ANDDEMANDSFOR, UPON, OR BY REASON OF ANY DAMAGE OR LOSS WHICH HERETOFORE HAS BEEN OR WHICH HEREAFTER MAY BE SUSTAINED BY ME/US IN CONSEQUENCE OF Dk-magos tag' reason he la= am coy_wt'r'U.ction a ping 11-ne on axial acra a s As re- 'the :lic:ri -bio att hod ca the Ujht Cf 17a r -xaGrisn' Dated January 3 1961 and executed b the Cott of Laurel In favor O$ c nen a1"Pi a Llsse Company. WITNESS THE EXECUTION City of Laurel, Iiontana WITNESS r,t?? rye aro My ;F. tWrYQyncly ADDRESS HEREOF THE DAY AND YEAR FIRST HEREINABOVE WRITTEN. Z7" of the--City of Laurel Montana WITNESS ADDRESS TRACT No, 2 3 CHECK No. 41. n RODS a 3 CHARGE OlAO J. O. 655 r 7N d" v 128 ACS UD of Cerati>reotal PIP* 4440 COMPOr, the a= of Dollare tee11 paprent tsar @a additl line of Pe 'Ito be Irrrtrrasted in "eerdaneo tdth the to" or' a right of my agrommt d fed , sueoubed tw J. IS P rooorded in Pals NO * Baoh ....M.?,,. a Page 26 .,..., On. over, and three & Lerch situated in the County of 12LUMAM State of NjAM , and deseribsd art s at a paint appreadmot*4 100 toot southeast of the block valve alb the erdeting 80 line then" in a southwesterly direction and pnersay parallmil-L. g the north bank of the Zella netce River for a distance of 630 teat to the nerthearterlf abatarat of the Pederal HL&w 212.310 bridso oven the io2lawatane River. BeOemitrg at a paint an the southeewaterl r abWment of acid bride themse in a naerth east wiy direction 6so feet to the ,noetieu with the erdati ng ON pipe ]roes said tracts, being in SW t Seas. 130 T-1-SO R-2". Tmw the wMaiutian hereof this '' . l9zZ -* ATTESTt aiWy: ?9?? . No. 262" nodo"' 22 F 129 g21 ?., 19U_ MUD h?BChli RMMM?AL npz un CL way, a Delanwo co rpoeation, the am of Dollars which 1/wm acknowledge to be is raU settlement and discharge of all alllm pvwLng out of property dame sustained by so/usI aed, in equalderatlon of said am, hereby remiss, release, aed ferever discharge said aemRa WS its sucsoeeere and assips, Arcs any and all actions, causes or "ties, claims and duds tor, upon, or by roman of mW dame or loss wbi ah herstoton has been or which hereafter my be sustained by me/us in censer USMO of A" 2129 Sw L-422M90-15, Is -d 1IThhh S the mee"Ien bereef the day and year first hersi awbove written. Myer - City of A?Z'IhSTa ?`'?-? Tract No. z Rods ' 79 CFWV 1 130 1786-155 (Rev. 1/79) MONTANA-DAKOTA UTILITIES CO. PIPE LINE EASEMENT BY OWNER THIS INDENTURE, made this ?/ St day of A.D., 19-, between MONTANA-DAKOTA UTILITIES CO., a corporation, 400 North Fourth Street, Bismarck, North Dakota 58501, hereinafter called "COMPANY," its successors and assigns, and the following named persons, herein, whether singular or plural, called "OWNER," namely: THE CITY OF LAUREL, a poli-tical subdivision of the State of Montana Laurel, Montana. WITNESSETH, that for valuable considerations received, OWNER does hereby grant, bargain, sell and convey unto COMPANY, its successors and assigns, an easement 50 feet in width, beings feet left, and r _ feet right of the center line as laid out and/or surveyed, or as finally installed on the hereinafter described lands, together with the right to construct, operate, maintain, repair, remove, and replace a gas pipe line or lines, including necessary pipes, poles, and fixtures, through, over, under and across the following described real estate, situated in the County of YELLOWSTONE State of MONTANA , namely: A tract or strip of land lying in the Southwest uar?ex SWµ) of Section Fifteen (15), Township Two (2) South, Range Twenty-four (24) East of the Principal Meridian Montana. Said strip of land being 50 feet wide, 25 feet on each side of the following described centerline: ?, r.__ Commencing at a point South -26 03--West-a distance Cif- 673-.,x--Teei,--1-?z,in -.-- Quarter of said Section 15, thence South 240481 West a distance of 200 feet to the TRUE POINT OF BEGINNING and on an existing Montana-Dakota Utilities Co. 12" natural gas pipeline, thence North 24048' East a distance of 200 feet, thence North a distance of 457 feet, thence East a distance of 213 feet to a point on an existing Montana- Dakota Utilities Co. 12" natural gas pipeline and South 27032' West a distance of 369.9 feet from the center Quarter Corner of said Section 15. Should additional pipe lines be laid under this grant, at any time, an additional consideration equal to the consideration paid for this grant, calculated on a lineal rod basis, shall be paid for each additional line. OWNER, its succesors and assigns, agrees not to build, create or construct or permit to be built, created, or constructed, any obstruction, building, engineering works or other structures upon, over, or under the strip of land herein described or that, would interfere with said pipe line or lines or COMPANY'S rights hereunder. OWNER, its successors and assigns, hereby grants to COMPANY, its successors and assigns, the right at all reasonable times to enter upon said premises for the purpose of laying, constructing, maintaining, operating, replacing, repairing or removing said gas pipe line or lines and for the purpose of doing all necessary work in connection therewith. COMPANY hereby agrees that it will pay any and all damages that may result to the crops, fences, buildings and improvements on said premises caused by constructing, reconstructing, maintaining, repairing, operating or removing said pipe line or lines. The damages, if not mutually agreed upon, may be determined by three disinterested persons, one to be selected by COMPANY and one by OWNER; these two shall select the third person. The award of these three persons shall be final and conclusive. If the herein described lands are in the State of North Dakota, this easement is limited to a term of 99 years. If the herein described lands are in the State of Wyoming, OWNER does hereby release and waive all rights under and by virtue of the homestead exemntion laws of that state. IN WITNESS WHEREOF, OWNER has executed these presents as of the day and year first above written. THE CITY OF LAUR9 Po itical subdivision of the By: 4Q Sta_ of Montana Its Mayor STATE OF MONTANA Attest: YELLOWSTONE ` Gs' County of ) Zf- Cr• &/Fi4 ?. On this - re- - r ay of 19 Z?-, before me personally appeared known to me to be the same person_ described in and who executed the above and foregoing instrument and acknowledged to me that ?he_,_,.,, executed the same, (known to me to be the respectively of the corporation that is describe in and that executed the foregoing instrument, and acknowledged to me that such corporation executez same.) ?y . 1-24 Notary Public, (??AG-4ka.c) County, State of _ 6// /O KJL 6[J/9 Ni--TARY SF,AL) My Commission Expires: W.O. TRACT NO. L.R.R, NO.131 1788.155 (Rev. 1/79)MONTANA-DAKOTA UTILITIES CO, PIPE LINE EASEMENT BY OWNER THIS INDENTURE, made thisj. 4 day of A.D,, 191f between MONTANA-DAKOTAUTILITIESCO„ a corporation, 400 North Fourth Street, Bismarck, North Dakota 58501, hereinafter called "COMPANY,"its successors and assigns, and the following named persons, herein, whether singular or plural, called "OWNER," namely: THE CITY OF LAUREL, a Municipal Corporation Laurel, Montana 59044 WITNESSETH, that for valuable considerations received, OWNER does hereby grant, bargain, sell and convey untoCOMPANY, its successors and assigns, an easement 50 -feet in width, being-25 feet left, and 25 feet, right ofthecenterlineaslaidoutand/or surveyed, or as finally installed on the hereinafter described lands, together with the right toconstruct, operate, maintain, repair, remove, and replace a gas pipe line or lines, including necessary pipes, poles, and fixtures,through, over, under and across the following described real estate, situated in the County of YELLOWSTONEStateofMONTANA , namely:A tract or strip of land lying in Lots Four & Five5) of Section Fifteen (15), and Lot One (1) of Section Twenty-two (22), Township Two (2) South,Mange Twenty-four (24) East of the Principal Meridian Montana, said strip of land being (50) feetride, (25) feet on each side of the following described centerlines 5eginning at a point which is S80036'W. a distance of 1423.9 feet from the North Quarter Corner oaai..d Section 22.., _thenc:e~IL?9o_3$'_?[_n- =.:d;: ±_an?a_of= ? . i eet_, .-±t ?nce_ N.16023'W.? _9. d.J.st-ano-e--of 364•-._Q.--feet, thence N2$o03'W• a distance of_96 0 feet to the Southerly Bank of the Yellowstone River andthelowwatermarkonMarch29, 1983, thence continuing N28003'W. a distance of 559.0 feet to theNortherlyBankofsaidriverandlowwatermarkonsaiddate, thence continuing N28003'W. a dis-tance of 176.0 feet, thence N50000'E. a distance of 22.4 feet to a point on an existing Montana-Dakota Utilities Co. tract of land, which is S21016'E. a distance of 1848.0 feet from the WestquarterCornerofsaidSection15. The rights herein granted include a valve setting and related facilities which will be enclosedwithina25footby3.0 foot concrete block building.Should additional pipe lines be laid under this grant, at any time, an additional consideration equal to the considerationpaidforthisgrant, calculated on a lineal rod basis, shall be paid for each additional line. OWNER, its succesors and assigns, agrees not to build, create or construct or permit to be built, created, or constructed, anyobstruction, building, engineering works or other structures upon, over, or under the strip of land herein described or thatwouldinterferewithsaidpipelineorlinesorCOMPANY'S rights hereunder. OWNER, its successors and assigns, hereby grants to COMPANY, its successors and assigns, the right at all reasonable timestoenteruponsaidpremisesforthepurposeoflaying, constructing, maintaining, operating, replacing, repairing or removing said gas pipe line or lines and for the purpose of doing all necessary work in connection therewith. COMPANY hereby agrees that it will pay any and all damages that may result to the crops, fences, buildings andimprovementsonsaidpremisescausedbyconstructing, reconstructing, maintaining, repairing, operating or removing saidpipelineorlines. The damages, if not mutually agreed upon, may he determined by three disinterested persons, one to beselectedbyCOMPANYandonebyOWNER; these two shall select the third person. The award of these three persons shall befinalandconclusive. If the herein described lands are in the State of North Dakota, this easement is limited to a term of 99 years. If the F16196ifi des'cTiled-Iarias are'"irn the State oT_wyoming, OWNV,R- does hereby release and waive all rights under and byvirtueofthehomesteadexemptionlawsofthatstate. IN WITNESS WHEREOF, OWNER has executed these presents as of the day and year first above written, THE CITY OF LAUREL, a Municipal Coypara;tion By: - its 717AyoA - STATE OF MONTANA Attest t ] ~ YELLOWSTONE Its O F,," x C /r e k - County of ) 1 LOnthis ? day of L-: T 46 19.68 , before me personally appeared L, Cc., cG S o ?,?r? s3•.?c? known to me to be the same person- described in and who executed the above and foregoing instrument and acknowledged to me that - he- executed the same, (known to me to be the and respectively of the corporation that is described in and that executed the M rrie -- Notary Public, 4) County, State of Montana 7NO ARY SEAL,) My c;onlmission Expires: 1072-700-21837--789 = - W.O. TRACT NO. L.R.R. NO. 132 RESOLUTION NO. 2271 APPROVING AN AGREEMENT BETWEEN THE CITY OF LAUREL AND MONTANA STATE DEPARTMENT OF FISH, WILD- LIFE & PARKS, SAID AGREEMENT RELATING TO PERPETUAL EASEMENT FOR BOAT RAMP ACCESS TO YELLOWSTONE RIVER. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The agreement between the City of Laurel and Montana State Department of Fish, Wildlife & Parks relating to perpetual easement for boat ramp access to Yellowstone Riverf a co attached hereto, be and the same is hereby approved. Section 2: Execution. The Mayor and City Clerk of the City of Laurel are hereby given authority to execute said agreement on behalf of the City. Introduced at a regular meeting of the City Council on April , 1987, by Alderman Meyers PASSED and APPROVED by the City Council of the City of Laurel, this21st day of A ril 1987. CITY OF LAUREL TEST: Don d L. Hackmann, City Clerk P ved a to form-: Jos h M Bradley, City Atty _ - Bo Gauthier, Mayor 133 PERPETUAL EASEMENT FOR BOAT RAMP ACCESS TO YELLOWSTONE RIVER KNOW ALL MEN BY THESE PRESENTS that the City of Laurel, a municipal corporation of Yellowstone County, Montana, Grantor, by these presents does hereby grant and convey to and in favor of the State of Montana, Department of Fish, Wildlife and Parks, Grantee, a perpetual easement upon, over and across the following-described real property of the grantor, for the purpose of the grantee's construction, and any future repair of a boat launching ramp to the Yellowstone River, and for the purpose of allowing public access and use of the boat launching ramp and as a fishing access site. The boat launching ramp shall be constructed by Grantee on the said lands in accordance with the attached site plan, now mentioned and incorporated herein as Exhibit "A". Said site and facilities will be maintained and managed by the Grantor with the exception of any necessary repairs to the boat ramp, which is to be done by the Grantee. Use of the boat ramp facility shall be free of charge for the public by the grantor, no use fees shall be charged. The real property of the grantors subject to the perpetual easement described herein is shown on -the attached legal description, Exhibit "B", now also mentioned and incorporated herein as Exhibit "B". Grantor shall indemnify and hold harmless Grantee from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this agreement or the results of this agreement, provided such damage to property or injury to persons is not due, in whole or in part, to the error, omission, or negligent act of Grantee or its employees IN WITNESS WHEREOF, the Grantor has hereunto set its official hands and seals this 21st day of April 1987. ATTEST: CITY OF LAUREL 7 l By Donald L. Hackmann, City Clerk Rob rt Gauthier, Mayor 1 Montana State Fish & Chairman Commission w to a State Department if Fish, Wildlife and Parks Director 134 STATE OF MONTANA ) ss. County of Lewis and Clark) ON THIS 1?6 day of Ju_,rte , 1987, before me, the undersigned a Notary Public for the State of Montana, personally appeared JAMES W. FLYNN and ROBERT A. JENSEN, Known to me to be the Director of the Department of Fish, Wildlife and Parks, and the Chairman of the Montana Fish and Game Commission and known to me to be the persons whose names are subscribed within this instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NOTARIAL SEAL) STATE OF MONTANA ) as. County of Yellowstone) Notary Public for the State of Montana Residing at fVk-?, 5alb34 i My ._ommission expires.Caco?c,o v ?, ??$R ON THIS t day of 1987, before me, the undersigned a Notary Public for the State of Montana, personally appeared ROBERT GAUTHIER, Known to me to be the Mayor of the City of Laurel, that executed the within instrument, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NOTARIAL SEAL) Notary Public for the State of Montana Residing at My Commission expires 413/11 135 awl EXHIBIT "A" I'. r, I' ZV relocate electric eta ? 70 EEL- Q so vo l 4. 11116 lcurel boat ramp . riverside park _ Jwp? or fOWOFLcrL¢2TE d1ej of Wis1t gPUd1ffieM Taft# Taft `Divis' ??Ielea?a 136 EXHIBIT "Bn LEGAL DESCRIPTION OF REAL PROPERTY for Department of Fish, Wildlife & Parks Easement A tract of _ land beginning at a point_ on the north and south quarter section line 195 feet north of the quarter corner between Section 15 and 22 in Township 2 South of Range 24 East, M.P.M., in Yellowstone County, Montana, and running thence south 64 degrees and 32 minutes west a distance of approximately 1865 feet to the east line of public highway no. 310; thence in a northerly direction along the east line of said highway a distance of 765.6 feet to a point where the east line of U. S. Highway No. 310 intersects the south bank of the Yellowstone River and running thence easterly along the said south river bank to a point which is approximately 220 feet east of said north and south quarter section line; thence south 64 degrees west to the point of beginning, containing 25 acres, more or less. 137 EXHIBIT "A" r `L'1? relocatb elecir?c tra i arking? atraz ? - l I ? l 4alt 0 50.100 200 300 11196 lourel boat ramp -riverside park uW fyOf cb.?Ur.Hr.of SISIl %*d2#b Thri@ - Thrf@ WMS WIL cWeleW 138 RESOLUTION AND EASEMENT W$EREAS, MONTANA DAKOTA UTILITIES CO., A.oorporation, having its. principal offices at 400 North Fourth Street, Bismarck, North Dakota 58501, municipal corporation, for an sad nt authorizing it to construct, operate, maintain, repair and remove a gas line, including nooessazy poles, wires and fixtures, through, over, under and across the following described property,. which is outside the corporate limits of the City of Laurel, Montana, who are owners of said real property,.being more particularly - described as fo2lova, A tract of land beginning at a point on the North and South Quarter Sootion Line 195 feet North of the Quarter corner between Sections 15 and 22 in T2S-R24E M. P. M. in Yellowstone County, Montana, and running thence S64°32'W a distance of approxi.matoly 1,865 feet to the East Line of public highway number 310, thence in a Northerly direction along the East Line of said highway a distance of 330 feet, thence: N59°15'E a distance of 500 Feet, thence X38°45'W parallel to the said highway number 310 a distance of approximately 435.6 feet to the intersection of the South Bank of the Yellowstone River, thence in an Easterly direction along the South Bank of said River to a point which is approximately 220 feet East of said North and South Quarter Section Line, thence S64*W to the point of beginning. A tract of land in Yellowstone County, Montana, and more particularly described as followa, to wit: Beginning at a point which is 2,062 feet South and 30 foot East from the West Quart;or corner of Section 15-T25-R24E M. P. M., which is on the Easterly Boundary Line of Q. S. Highway number 310, running theme N51°15'E 465 feet to a point on the Southerly Boundary Line of the Carron Creek Ditch CompaWs right-of-way, continuing thence in an Easterly direction along the Southerly Boundary Line of said Ditch ComppV's right-of-way a distance of 320 feet, thence S380451E and parallel to the highway to a point 30 feet Worth of the North Bank of the Yellowstone River., 'th t -S51°15-'w -a distance of..260 felt, tlaoac a 118°451W a distance of 162 feet, thence S51°15'W along the Northerly Boundary Line of Existing City Water Plant Laud to the intersoction with the Easterly Boundary Line of highway, thence N38°451W 50 feet to the point of beginning WHEREAS, the granting of said easement will not interfere with the use of maid real property for the purposes to which it is now devoted and the granting of said easement will inure to the benefit of the inhabitants of the City of Laurel and to the said municipality, and the granting thereof is for the best interests of said City and the inhabitants thereof. NOV, THEREFORE, BE IT ,RESOLVED, and IT IS HEREBY RESOLVED by the City Council of the City of Laurel, Montana, in session assembled, that MONTANA-DAKOTA UTILITIES CO., a corporation, its eucoessora and assigns, is hereby granted the right to construct, operate, maintain, repair and remove, under, over and across the real property above specifically described, a gas line, with all neasssary appurtenances and fixtures thex*to, which said grant is made upon condition that the City.of Laurel, Montane, shall be held harmless by they grantee of all dames and loge which the said City may surotain by the construction, maintenance, repair and removal ofthe works and improvements for which this easement is granted. Duly voted upon and, unanimously adopted and approved by the City Council of the City of Laurel, Montana,, on this YL UY of , A. D. t 1975. ATTEST: CIT7C -CLERK 139 Page: 1 of 3596013 15 08/22/ 11178 Yellowstone County EASE 125.00 WHEN RECORDED PLEASE MAIL TO: City of Laurel P. O. Box 10 Laurel, MT 59044 Attn: Laurel City Clerk RIGHT OF WAY GRANT THE STATE OF MONTANA KNOW ALL MEN BY THESE PRESENTS: COUNTY OF YELLOWSTONE ) FOR VALUABLE CONSIDERATION the receipt of which is hereby acknowledged, the CITY OF LAUREL (herein called "Grantor ", whether one or more), Grantor hereby grants to EXXONMOBIL PIPELINE COMPANY, a Delaware corporation (hereafter called "Grantee "), its successors and assigns, the exclusive right of way and easement to be used from time to time to lay, construct, maintain, operate, replace, protect, repair, and remove one active 12 -inch pipeline for the transportation of petroleum products, together with segments of idle or abandoned pipelines, on, over, and through the following described lands situated in Yellowstone County, to-wit: across a 30 -foot strip or strips of land within that certain real property situated in Township 2 South, Range 24 East, Section 22, in the County of Yellowstone, Montana and belonging to the GRANTOR, and more particularly described as set forth in "Exhibit A -1" and "Exhibit B-1", "Exhibit A -2" and "Exhibit B -2 ", "Exhibit A -3" and "Exhibit B -3 ", "Exhibit A -4" and "Exhibit B -4 ", "Exhibit A -5" and Exhibit B -5 ", which are attached hereto and made a part hereof by reference; together with the right to make temporary use of a strip or strips of land not in excess of thirty feet in width and not at the time occupied by a house, building, or similar improvement, alongside and adjacent to such right of way for the purpose related to the construction, maintenance, repair, replacement, and removal of such pipelines and the right of ingress and egress over and across the above - described land and Grantors' adjacent lands for all purposes incident to said grant and the right of assignment in whole or in part. Grantee shall notify Grantor and obtain Grantor's consent prior to entering and utilizing the additional strip or strips of land for the temporary purposes contemplated hereunder. TO HAVE AND TO HOLD said right of way and easement unto Grantee, its successors and assigns, subject to the terms and conditions contained herein. It is distinctly understood and agreed that this does not constitute a conveyance of any part of the land above described nor the minerals therein and there under, but grants only the right of way and easement as above provided. The rights and obligations granted under this right of way and easement are personal and shall not be assignable without the written consent of Grantor, which shall not be unreasonably withheld. If this Agreement is assigned or transferred in the future, the assignee(s) or new Grantee shall comply with all the terms and conditions contained in this Agreement. The right of way and easement rights herein granted to Grantee, shall terminate if Grantee, its successors or assigns fail for a continuous period of three (3) years to operate or maintain the pipelines 140 I 11 100301101111 3596013 Page: 2 of 15 08/22/2011 11:17A Yellowstone County EASE 125.00 described herein. Upon termination, of this Right of Way Grant, Grantee shall have the option of abandoning the pipelines in place or removing the pipelines. Pipelines abandoned in place will be cut and capped at both ends, and filled with slurry or equivalent material. Permanent placement of Grantee's equipment or facilities on the surface of the ROW is prohibited under the terms of this right of way and easement, however, Grantee retains the right to request Grantor's approval for surface use if Grantee determines a need to use a portion of the surface within the right of way and easement. Such approval shall not be unreasonably withheld by Grantor. Grantee shall, at all times during the term of the right of way and easement comply with all applicable State, Federal and Local laws, ordinances, codes, rules and regulations. The pipeline and facilities will be operated and maintained pursuant to applicable, Department of Transportation Pipeline Safety Regulations including the installation of pipeline markers with emergency contact information. As a consideration for this easement, Grantee will pay to Grantor the sum of Fifteen Thousand and 00 /100 Dollars ($15,000.00) upon the execution and delivery of this easement for the first year; and each year thereafter on the anniversary date of the agreement. All accounts are to be paid within 30 days of the agreed upon due date. Grantors retain for themselves and their heirs and assigns the right to otherwise use and enjoy said premises except to the extent that such use may interfere with Grantee's use of said right of way and easement for the purposes herein granted or to the extent that such use by Grantors, their heirs and assigns may not be consistent with the safety of Grantee's facilities or the safety of persons or property on the surface of said right of way. Without limitation of the foregoing, Grantors, their heirs and assigns, shall not excavate said right of way nor construct or permit to be constructed or placed on or over said right of way any house, structure, pavement, parking lot, obstruction, improvement or anything, either on the ground or overhanging the right of way, which may interfere with the aerial surveillance of the right of way or with access to, or with the safety of Grantee's facilities, and Grantee shall be entitled at Grantee's option at anytime to remove any such house, structure, pavement, parking lot, obstruction, improvement or thing, including, without limitation, growing things and overhanging limbs. Grantors, their heirs or assigns shall not construct streets, sidewalks, driveways, fences, pipelines or utility lines within said right of way unless (i) such facilities do not create a potentially unsafe condition, (ii) such facilities do not interfere with Grantee's use of the right of way, (iii) Grantee is notified prior to construction of such facilities, (iv) any pipelines or utilities lines are, at Grantee's option, constructed below Grantee's lines and (v) such facilities are constructed in accordance with any safety precautions required by Law or specified by Grantee. In the event Grantor, its successors and assigns, permit the construction, operation, repair and maintenance of pipelines, streets, or roadways within said right of way it is agreed that Grantor, its successors and assigns, shall reimburse Grantee, its successors or assigns or cause Grantee, its successors or assigns to be reimbursed for all of the reasonable and necessary costs, including administrative and overhead costs, for labor and materials incurred by Grantee in lowering, or otherwise protecting its pipelines against such construction by Grantor, its heirs or assigns. Grantee shall indemnify, defend and hold harmless Grantor, its affiliates, and their respective officers, directors, and employees, agents and contractors, from any and all claims, liability and expenses including, but not limited to, reasonable attorneys' fees, taxes, fines, penalties and expenses of compliance with all laws, regulations, ordinances, permits, licenses and claims for personal injury, death or property damage arising out of the use of the Property by Grantee, its' affiliates, and their respective employees, agents and contractors including claims of employees, agents and contractors of Grantee, unless caused by the actions of third parties or the negligence or willful misconduct of 141 3596013 Page: 3 of 15 08/22/2011 11:17A Yellowstone County EASE 125.00 Grantor, its affiliates and their respective officers, directors, employees, agents, contractors licensees, invitees and assigns. Grantee will indemnify and hold Grantor, its directors, officers, agents and employees, harmless from any and all claims, loss, damage, actions, causes of action, expense and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after this Agreement and are attributable to the actions of, or failure to act, by Grantee or agents, except for the negligence or willful misconduct of Grantor, its directors, officers, agents and employees. Grantee shall, at its sole cost and expense, promptly repair and restore any and all damage to the property of Grantor, including without limitation, damage to any improvements located on such property, caused by the use by Grantee of the Property hereunder. If such repair and/or restoration is not carried out within a reasonable period after the date such damage is caused, the Grantor shall have the right to cause such repair and/or restoration to be made, and Grantee shall, upon written demand therefore by Grantor, reimburse Grantor for its reasonable fees, costs and expenses incurred in making such repair and/or restoration. Grantee agrees to bury each pipeline constructed hereunder to a depth of at least 36 inches below the surface of the ground at the time of construction. Grantee, except in the event of an emergency, shall provide fourteen (14) days advance notice to Grantor of Grantee's plan to access the right of way and easement to exercise its rights under the agreement. Grantor, except in the event of an emergency, shall provide fourteen (14) days advance notice to Grantee of maintenance activities of its facilities or new construction within Grantee's right of way and easement. Notifications to Grantor shall be made by telephone to the Chief Administrative Office at (406) 628 -4796. Notifications to Grantee shall be made by telephone to the Grantee's Pipeline Operations Controller at (888) 337 -5003. Grantee agrees not to engage in unauthorized recreation or remove any trees, plants, or foliage on Grantor's property outside of the right of way and easement without first consulting with the Grantor. Any trees, plants, or foliage removed outside the ROW will be replaced upon consultation with the Grantor. It is understood and agreed that Grantee shall be entitled to exercise any of the rights granted hereunder at any time and from time to time for so long as this right of way and easement remains in force and effect, and the non - exercise of any such rights shall not be deemed to constitute a waiver of any such rights. IN WITNESS WHEREOF, we have hereunto set our hand this 16 day of August, 2011. GRANTOR GRANTEE CITY OF UREL EXXONMOBIL PIPEL 1 E COMPANY l By 1 ,t/_ //A 4 eth E. Olson, Jr., Mayo rs Name:i - — Title: Vi X 1 ATTEST:Address:800 Bell Street Houston, Texas 77002 LL, L( Shirley Ewan, Clefk- Treasurer 142 AUG -17 -2011 09:14 AM CITY OF LAUREL 406 628 2289 P. 02/02 101 1111111111111 III 11111111111111 III .9Page 4 of 108/22/25 011 11:178 Yellowstone County EASE 125.00 STATE OF MONTANA ) Rs. County of Yellowstone eAeiy //1 (.../ _ On this /4 ri ' ` day of August in the year 2011 before me, _4Notary Public for the State of' Montana, personally appeared Kenneth E. Olson, Jr., Mayor of the City of Laurel, known to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day andyearinthiscertificateabovewritten. LL 6 ,CHERYLL L LUNG 2 C tAl •NOTARY PUBLIC for the Notary lc for the State f Montanat tl State of Montana L• Residing at Laurel, Montona L /l G- LLIkSEA J`j •e My Commission Expires 1 'i if d+slg at Laure t; Montana MO'kr YJanuary 20, 2015 My commission expires JaHUar y fit 20/5 — STATE OF MONTANA ) ss. County of Yellowstone On this 11 'day of August in the year 2011 before me,PamelaQ . tr 0)4 Notary Public far the State of Montana, personally appeared Geoff Craft, Vice - President of ExxonMobil Pipeline Company, known tome to be the person whose name is subscribed to the within instrument and acknowledge to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year in this certificate above written. 42c , •---J o.- t . “\r,.\ ,'' Notary Public for the State of Mo a 1 S ...........54 . 4 >.••• . t 0 'N •'''Residing at - 1;111 c r, Montana 1 , 9 1 My commission expires 5 c rein to Z t t 2.0 11 qN ..... yam luA 143 22.1714 S ,...x., S.10 ri ' E _-.:',MT.2S. R.24E.2 1- -, '",:":'.. - `1, 711 FT --- 11 L.,:2---- 1,1* 1S.16 S A4..-- 1 .. _ SEC. COR.1- -M T4-g. , 1g.. _1, , ,„„„----FND 2" AC (HKM)11 -i 9 - -..?/-1 1 ON #5 REBAR W•3 1 -- _ - a --, 54 :',.:.--- - •1 I I --- A.,-••"r- - - - ;x, \ .;.„,,..1 .I 1I1k. \N P., I r.-i _1,-- 5.1-3-C- I( ri ( A 0 / - --'. i..,....... _-__. -tv LOCATION 4/-ci 72N?.. (.4 THIS EASE ---•-••,,,,,...,,,,,,, ..'.,-\ 3. rri I .:\ ll t ' \ • L ,, 1 ,_ " A ' - 1 1. 1 .,,..:_ - -VICINITY MAP 1 = 2000' 0.B.IO-ik Y4 COR.EXHIBIT tik-1'FND IRON PIPE W/ STEEL CAP EXXONMOBIL PIPELINE S.16 8 5.15 COMPANY EASEMENT V' A5‘ 35960131111111111111111111111111111111Page : 5 of 15 09/22/2011 11.17P14451,q , - ,0 6-\--Yellowstone County EASE 125.00 V ' t-,,., S17'19'13 t.t1 X SEC. 15ux - I SEC. 22 JP* 1 r NEW 30' WIDE PERMANENT PIPELINE EASE. 0.55 ACRES c, CITY OF LAUREL N -S30 ' 13 ”E RIVERSIDE PARK 42.06 COS 3387 DOC.# 3491272 1 Si 35'59"E trrAi123.93' 100 50 0 100 200 1 GERALD A. 0 1 °:6.1..INEMEN 111111111111.1 t A PAVLICK b 144 9011111110110111111011IliI1Pag35e: 6 6 of 15 13 08/22/2011 11178 Yellowstone County EASE 125.00 EXHIBIT `B -1' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Certificate of Survey No.3387 as recorded in the Clerk and Recorders office of Yellowstone County as Document No. 3491272, in the SW'/ of Section 15 and the NW % of Section 22, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S12°48'30"E, a distance of 5148.32 feet to the right bank of the Yellowstone River, being the Point of Beginning; thence S17 °19' 13 "E, a distance of 444.99 feet; thence S30 °08' 13 "E,a distance of 42.06 feet; thencd S01 °35'59 "E a distance of 123.93 feet; thence S23 °51'16 "E, a distance of 142.71 feet; thence S13 °47'22 "E, a distance of 51.16 feet to the Point of Termination on the South line of said Certificate of Survey No. 3387, being S27 °47'37 "E, a distance of 3408.44 feet from the 1 /4 corner common to Section 15 and 16, containing 0.55 acres more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -1 (Figure 1) attached hereto. ztrrrr, q GERALD A. PAVL4 k t' 1I. O St.G ' - 4calexe, I 145 S. 9 '' S. 10 to IDLE PIPELINE EASEMENT i. la I i 1838 i 'l 0 il 1 Iii --41,,,N CITY OF LAUREL P.O.T. RIVERSIDE PARK 6.o.s. 3387 1ASIS OF BEARINGS DOCUMENT # 3491272 MONTANA COORDINATE SYSTEM DISTANCES AS SHOWN ARE GRID DISTANCES. TO CONVERT TO GROUND DISTANCES DIVIDE BY CAF =_,. 146 111111 11111 1111 MO 111 Page 3596013 : 8 of 15 08/22/2011 11178 Yellowstone County EASE 125.0 EXHIBIT `B -2' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Certificate of Survey No.3387 as recorded in the Clerk and Recorders office of Yellowstone County as Document No. 3491272, in the SW' /4 of Section 15 and the NW' /a of Section 22, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S 13 °49'24 "E, a distance of 5143.53 feet to the right bank of the Yellowstone River, being the Point of Beginning; thence S33 °44'05 "E, a distance of 85.93 feet; thence S02 °31'09 "E,a distance of 415.78 feet to the Point of Termination, being S23 °43' 16 "E, a distance of 3100.08 feet from the 4 corner common to Sections 15 and 16, containing 0.35 acres more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -2 Figure 1) attached hereto. r,+rriiiry GERALD A. PAVL1C 4 t 8382 S.e• y 1t IlaJtat11111 147 tpolkomammot I r i r 0 ,„-pl ---- . 1 --, . 1 y,- k110'::'It-11 1 — 1 i 1 , i-:= 2 :- .-- * '...--<•-• .--fo S9 S10 wi,. 7 ''.:. . ;.... " i.,11, 1 1 --: :, r. 1 - -' ..------- . -5 — I 1 Ig F ay E 2--I: i-„„ . .),-,-,,, -- :!: 1 1---- ••••-z-- --g i 1'1 Wffl" 4- we '''''!' r .. . v#•7-----:, r,1c' 1* S.16 S.15 mplq 41•AM,.. Ez rm RI \ i N 1 1 1 ' ' ?V. • ON #5 REBAR N' \ -- - . :-- ----; --41. r " •-• - il --- 1 N - \1 i. 1 • 1 N ' A . .> \ \ , i :'1 --•:;-'17. , - - ; -,5 ' -• "'''''' , z; 1 cl 1 ii -, ----------__,..-,•:_, _ LOCATION1 i, THIS EASEMENT i / ,, \ \ 1 r 0.- i ii I '':, \ ..; ‘Se• 1 Nt...7 I 1 i '.0 I I i ,-- 'ci 7, NI cA VICI MAP 0 - cq.1 2000'i rn 1 0 EXHIBIT 'A-3 4..0 V.I.4,.•EXXONMOBIL PIPELINE0.0., 0 COMPANY EASEMENT rn 35960IIIill0I101101101MI1111111P08/22/2011 11:17R Yellowstone County EASE 125.00 Xs CO R. FND IRON PIPE CHS INC. W/ STEEL CAP NWY4SWY4 & S.16 0 S.15 GOV. LOTS 3 Sc 4 SEC. 15 T.2S., R.24. E. orm7.0.4.4. 1 a t-.1 1".4 -tr...0 A _.... ts,V % It GERALD ::.A.0 I V-I• to .041to .t.0.. Ye .cfp l I \40:N f. C'1,-. i 1 i 13 ii i i I 6to 1.....- ‘'....- An A1.)\- N-CITY OF LAUREL WATER TREATMENT 49, (0 • B • PERMAFACILITY ItWNNT PIPELINE 0•02 A'.,RES (900 SQ.Fr.) •zil 0), ROPD- 1 1\ 52Or-1‘- 9 c,\ A ‘_ c,3-21---------P (I T 148 1111111 1111 I 11111 1 111 111 III Page: 10 of08!22!201111: A Yellowstone County EASE 125.0 EXHIBIT `B -3' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Sewer Plant Road as recorded in the Clerk and Recorders office of Yellowstone County in Book 170, Pages 327 -329, in the SW1/4 of Section 15, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S10 040'02"E, a distance of 4330.14 feet; thence N69 °24'41"E, a distance of 96.84 feet; thence S17 19'13"E,a distance of 152.68 feet to the North line of said road tract being the Point of Beginning; thence S 17 19' 13 "E a distance of 30 feet to the South line of said road tract, being the Point of Termination; being S27 ° 09'05 "E, a distance of 1969.47 feet from the 14 corner common to Section 15 and 16, containing 900 square feet more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -3 Figure 1) attached hereto. tri /..z..,,, fr} j.. GERALD A. \ 1:-..., PAVLC fi 8382. '1 E i 1 } 149 7:110 ,V.:`,.:f z I 171M.:0 '.., rinew 0 1 --1 t: ! AiF It#g 1 S.9 5.10 I", z i1ir SEC. COR.t I .. ti FND 2" AC (H KM)1 ON #5 REBAR j k -. _...' •... p=. , s #( r k` y LO THIS. EASEMENT e. to t J ri t ' s ' { - , N w VICINITY MAP z - -.. s r= ._ . o 1 " = 2000'i rn _ 35960 EXHIBIT 'A -4' Page : i of EXXONMOBIL PIPELINE 08/2212011 11:178 Yellowstone County EASE 125.COMPANY EASEMENT Co N Jft 4,, Y4 COR.014 ' ".,q .,.,, 1"" D IRON PI GERALDfSTEELCAP PE A. S.16 S.1 5 PAVLIC v ii: •838. 4crr rizzat tO ate,CHS INC. Ij a NWYaSW) GOV. LOTS 3 & 4 SEC. 15 J •T.2S., R.24. E. ii 30' WIDE IDLE PIPELINE EASEMENT CITY OF LAUREL 0.02 ACRES (917 SQ.FT.)N i WATER TREATMENT i FA P.0. B. S25"53' 30.6 5R P-- N I t S . GC _ O o0- ` 150 1111 111 Oil El 11111 1111 3 Pa 12 of08/22/201111:178 Yellowstone County EASE 125.00 EXHIBIT `B -4' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Sewer Plant Road as recorded in the Clerk and Recorders office of Yellowstone County in Book 170, Pages 327 -329, in the SW' /a of Section 15, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S 11 '42'07"E, a distance of 4468.11 feet; to the North line of said road tract being the Point of Beginning; thence S25 °53'19"E a distance of 30.6 feet to the South line of said road tract, being the Point of Termination; also being S26 °21'21 "E, a distance of 1963.64 feet from the 1/4 comer common to Section 15 and 16, containing 917 square feet more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -4 Figure 1) attached hereto. GERALD A. PAVLICK X838 8U ?4,c1 151 1 71_. try,, i , 4 ,,._,.... ,.,,,.. .. ; ...— „.. , - f; - T , -:: , --- , ,_,_-, ,,,, -- , - r----. , . - .i . ....-- , -..4-. --- -- ,-i Ti r I I 7 e-: 1. t. ----- ; : r . ----' ::::-..: L ' Illt: :: .. ,- , ,, , : -- 17 -LH :'' :11 ' ''T .,.. " -Itt - :-.-- - " - - ... 2 .....-- ,,.,•:. 1.-L-T ----- ffi!•,1 I I i ...i 71 I. — .. ,i - r -- -, ..,,,,--='-' — - I 1, t` - 'i.,' - - •---. ' ;' ' f" , ; :: f.:Wi!ti. `': < kA'''' \,,›Itl..':. i I 1 .0e*,••-• ..-,--"...r.=- --- S"JC1 tz;'-'1 ._ i,'i'...z , -,;,;',..-- ,, ,,.- 7 ,27:; . -L: - ;;;;,.... , , • ' E4-:,;I 1 i \- --------; .-- 1 LOCATION SIlt......„..N. S.15 THIS EASEMENT H,,,,,,\,,,7 ii I VICINITY MAP 1 ''ir.:;..li'.:724YL7`.7 .7 a r Go 0 s- Y CO R.1 7 :-." 2000'i i i CD • - „, FND IRON PIPE fi .r...z.L...... J.in g Ki W/ STEEL CAP ft) g al ii 8 EXHIBIT 'A-5'IN MMIM EXXONMOBIL PIPELINE COMPANY EASEMENT Lii MENNENMS C Id MIMMMM NOTE: RECORD BEARINGS AND DISTANCES mmi.... FROM BOOK 1358, PAGE 1944 WERE a• >. ROTATED AND TRANSLATED TO THE i "E" MONTANA COORDINATE SYSTEM (NAD83)3o P c, 0 iim. c C2 •`,"_>,tazz o d). 7 ui .. 0 44`.‘;...**" vi• 1 GERALD A. . 1.',.. PAVL1C k. CHS INC. NV4S4 & GOV. LOTS 3 & 4 SEC. 15 T.2S., R.24.E. N63'16'00''W 69.67' 40 •A P.O.T. P.O.B. 1—CANYON CREEK DITCH CO. PARCEL #5 BOOK 403, PAGE165 AD 40 CITY OF LAUREL 50 25 0 50 100 PARCEL #8 800K 201. PAGE 316 iIIIMRmailliiiiiiii. 152 111111111 1111 1111 101 1011111 1111111111111 9 Pa 14 of08/2201111:17P Yellowstone County EASE 125, EXHIBIT `B -5' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Parcel No.8 as recorded in the Clerk and Recorders office of Yellowstone County in Book 201, Pages 316, in the SW'% of Section 15, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the ' corner common to Sections 15 and 16, thence S18 ° 51'00 "E, a distance of 1609.30 feet to the Point of Beginning; thence N63 °16'00"W a distance of 69.67 feet to the Point of Termination on the Westerly line of said Parcel No.8, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -5 (Figure 1) attached hereto. M GERALD A. ti * PAVLIC 83 : Ste R r 0. atahriilf.b- 111 153 3596013 Page: 1S ef1 15 Yellowstone County EASE 125. 08/22/ 11:178 RESOLUTION NO. R11 -69 A RESOLUTION APPROVING A RIGHT OF WAY GRANT BETWEEN THE CITY OF LAUREL AND EXXONMOBIL PIPELINE COMPANY. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The right of way grant between the City of Laurel and ExxonMobil Pipeline Company, a copy attached hereto with exhibits, is hereby approved. Section 2: Execution. The Mayor of the City of Laurel is hereby given authority to execute said right of way grant on behalf of the City. Introduced at a regular meeting of the City Council on August 16, 2011, by Council Member Dickerson PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 16 day of August, 2011. APPROVED by the Mayor this 16 day of August, 2011. CITY 0 LAUREL A nneth E. Olson, Jr., May's ATTEST: Shirley ) L LO6 Ewan, / Treasurer rov - as to i ainter, Legal Counsel I Elk River Law Office, P.L.L.P. R11 -69 Exxon Right of Way Grant 154 V\/h8n Recorded Piease Return To: Real PtC^perty Admini^tion P. 0. fiox .1267 • ^ Ponca City, OK 74603 BOOK 1369 PAGE 2354 RIGHT OF WAY AGREEMENi (Standard Form) FOR AND IN CONSIDERATION of the sum of TEN AND NO/100 Dollars ($ **10.00** ). in hand paid, the receipt of which is hereby acknowledged CITY OF LAUREL. MONTANA hereinafter referred to as Grantor, does hereby grant unto CONOCO PIPE LINE COMPANY, a Delaware corporation having offices in Ponca City, Oklahoma (Manager, RPA, P.O. Box 1267, Ponca City, OK 74603) hereinafter referred to as Grantee, its successors and assigns, an easement to lay, maintain, inspect, alter, repair, operate, protect, remove and relay a pipeline or pipelines, for the transportation of oil and gas and products and by-products thereof, water and other substances, and such drip valves, fittings, meters and other equipment and appurtenances as may be necessary or convenient for such operations and, if necessary, to construct maintain, operate,, remove and replace communication and control facilities upon, over, through and under the following described land situated in Yellowstone County, State of Montana to wit: * .\ tract of land 50 feet wide, with 25 feet on each yide cf a center line, which is to be u.sed as a pipeline e.-isement situated in the .Southwest Quarter (SW/4) of Section 15, Tov/ri'ship 2 South, Range 24 East of the Montana Principle Meridian, Yellowstone County, Montana, saiacfenter lioe being more particularly described as follows: /- • Commencing at the West Quarter (W/4) comer ofsaid Section 15, as recorded in theoffice of the Yellowstone County Clerk and Recorder, and using the North Half (N/2) oftiie West .lire of, , said Section J5 for the Basis of Bearing (North-GLO); thence S14°37'20"E, 2056.1 feet'to the Point of Beginning of this easement, referred to as Station 6-1-58, which is at the North edge.,of''* the Yellowstone River channel; thence N34°15'50"W, 21.0 feet to the Point of Termini/a'0|fhfaO easement, at the intersection of this easement with an existing easement, which is referred'to'aS " Station 6-1-79, being S14°24'50"E of the said West Quarter (W/4) comer a distance of 2036.5 feet. Grantee shall have the rights of ingress and egress to and from said line or lines, or any of them, for the purposes aforesaid. Grantor hereby releases and waives for the purpose of this grant all rights under and by virtue of the dower, homestead and homestead exemption laws, if any, of said state. Grantor shall have the right to fiilly use and enjoy the said premises except as the same may be necessary for the purposes herein granted to the said Grantee; and Grantee hereby agrees to pay any damages which may arise to crops, pasturage, fences or buildings of said Grantor from the exercise of the rights herein granted. Grantee shall have the right to change the size of its pipes, the damages, if any, in making such change to be paid by the said Grantee. Grantor agrees not to build, create or constmct any obstruction, engineering works, or other stmcture within fifty feet of said pipeline or lines nor permit same to be done by others. Any pipeline or pipelines constmcted by Grantee across lands under cultivation shall, at the time of constmction thereof, be buried to such depth as will not interfere with such cultivation, except that at option of Grantee any such line may be placed above any stream, ravine, ditch, or other watercourse. Should more than one line be laid under this grant at any time, an additional consideration, calculated on the same basis per lineal rod as the consideration hereinabove recited, shall be paid for each line so laid after the first lint. It is agreed that any payment due hereunder may be made direct to said Grantors or any one of them. This Right of Way Agreement may be assigned by Grantee, its successors and assigns, in whole or in part, vesting in any other person, firm or corporation the ownership of one or more pipelines or an undivided interest therein and/or communication lines, with full rights of ingress and egress for the maintenance, repair, operation, replacement and removal thereof. The terms, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. WITNESS the execution hereof the 25th day of October 19 91 Tract No. : Rods • 1.27 Check No. j 27397 Chiirce 25-I.V27, 64110-23-1328-34-02-$ 10 CiTY OF LAUREL, IVIONT/VINA By:, Printed Name: 3ob Gauthier Title: 1^ Sh - Tax I.D. Nurnber:.^ '8'1-60Q-j28:^. :)%% 155 300KJ 369 PAGE 2355 STATE OF Montana COUNTY OF Yellowstone J ) SS .) On this 25th day of October before me V.lcki Metzoer 1991 personally appeared 3ob Gauthier known to me' to be the M a v 0 r of the City of Laurel, Montana that executed the within instmment, and acknowledged to rae that such city/ corporation executed "the same. In witness'whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate firs't^abovd"written. My Commission Expires: Notary Public in and for City of. of \ County State of ^^/TyxVowv^O, STATE OF COUNTY OF On tills before me day oi' ) SS personally appeared , known to me to be the of the corporation that executed the within instmment, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My Commission Expires: Notary Public LO CO o OS I •V4 o Si T3 W 1^ •T3 OJ TJ ll, 156 RESOLUTION NO. R11 -69 A RESOLUTION APPROVING A RIGHT OF WAY GRANT BETWEEN THE CITY OF LAUREL AND EXXONMOBIL PIPELINE COMPANY. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The right of way grant between the City of Laurel and ExxonMobil Pipeline Company, a copy attached hereto with exhibits, is hereby approved. Section 2: Execution. The Mayor of the City of Laurel is hereby given authority to execute said right of way grant on behalf of the City. Introduced at a regular meeting of the City Council on August 16, 2011, by Council Member Dickerson PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 16 day of August, 2011. APPROVED by the Mayor this 16 day of August, 2011. CITY OF LAUREL A ! nneth E. Olson, Jr., May/ ATTEST: C. ic (t Shirley Ewan, Clerk-Treasurer row as to e 1111. 1a_ !IMMO ainter, Legal Counsel Elk River Law Office, P.L.L.P. R11 -69 Exxon Right of Way Grant 157 111 1111 11 I I I I III 111 III 3596013 Page: 1 of 15 08/22/2011 11:178 Yellowstone County EASE 125.0 WHEN RECORDED PLEASE MAIL TO: City of Laurel P. O. Box 10 Laurel, MT 59044 Attn: Laurel City Clerk RIGHT OF WAY GRANT THE STATE OF MONTANA KNOW ALL MEN BY THESE PRESENTS: COUNTY OF YELLOWSTONE ) FOR VALUABLE CONSIDERATION the receipt of which is hereby acknowledged, the CITY OF LAUREL (herein called "Grantor ", whether one or more), Grantor hereby grants to EXXONMOBIL PIPELINE COMPANY, a Delaware corporation (hereafter called "Grantee "), its successors and assigns, the exclusive right of way and easement to be used from time to time to lay, construct, maintain, operate, replace, protect, repair, and remove one active 12 -inch pipeline for the transportation of petroleum products, together with segments of idle or abandoned pipelines, on, over, and through the following described lands situated in Yellowstone County, to-wit: across a 30 -foot strip or strips of land within that certain real property situated in Township 2 South, Range 24 East, Section 22, in the County of Yellowstone, Montana and belonging to the GRANTOR, and more particularly described as set forth in "Exhibit A-1" and "Exhibit B-1", "Exhibit A -2" and "Exhibit B -2 ", "Exhibit A -3" and "Exhibit B -3 ", "Exhibit A-4" and "Exhibit B -4 ", "Exhibit A -5" and Exhibit B -5 ", which are attached hereto and made a part hereof by reference; together with the right to make temporary use of a strip or strips of land not in excess of thirty feet in width and not at the time occupied by a house, building, or similar improvement, alongside and adjacent to such right of way for the purpose related to the construction, maintenance, repair, replacement, and removal of such pipelines and the right of ingress and egress over and across the above - described land and Grantors' adjacent lands for all purposes incident to said grant and the right of assignment in whole or in part. Grantee shall notify Grantor and obtain Grantor's consent prior to entering and utilizing the additional strip or strips of land for the temporary purposes contemplated hereunder. TO HAVE AND TO HOLD said right of way and easement unto Grantee, its successors and assigns, subject to the terms and conditions contained herein. It is distinctly understood and agreed that this does not constitute a conveyance of any part of the land above described nor the minerals therein and there under, but grants only the right of way and easement as above provided. The rights and obligations granted under this right of way and easement are personal and shall not be assignable without the written consent of Grantor, which shall not be unreasonably withheld. If this Agreement is assigned or transferred in the future, the assignee(s) or new Grantee shall comply with all the terms and conditions contained in this Agreement. The right of way and easement rights herein granted to Grantee, shall terminate if Grantee, its successors or assigns fail for a continuous period of three (3) years to operate or maintain the pipelines 158 II 1111 MI01101111 110111 3596013 Page: 2 of 15 08/22/2011 11:17A Yellowstone County EASE 125.00 described herein. Upon termination, of this Right of Way Grant, Grantee shall have the option of abandoning the pipelines in place or removing the pipelines. Pipelines abandoned in place will be cut and capped at both ends, and filled with slurry or equivalent material. Permanent placement of Grantee's equipment or facilities on the surface of the ROW is prohibited under the terms of this right of way and easement, however, Grantee retains the right to request Grantor's approval for surface use if Grantee determines a need to use a portion of the surface within the right of way and easement. Such approval shall not be unreasonably withheld by Grantor. Grantee shall, at all times during the term of the right of way and easement comply with all applicable State, Federal and Local laws, ordinances, codes, rules and regulations. The pipeline and facilities will be operated and maintained pursuant to applicable, Department of Transportation Pipeline Safety Regulations including the installation of pipeline markers with emergency contact information. As a consideration for this easement, Grantee will pay to Grantor the sum of Fifteen Thousand and 00 /100 Dollars ($15,000.00) upon the execution and delivery of this easement for the first year; and each year thereafter on the anniversary date of the agreement. All accounts are to be paid within 30 days of the agreed upon due date. Grantors retain for themselves and their heirs and assigns the right to otherwise use and enjoy said premises except to the extent that such use may interfere with Grantee's use of said right of way and easement for the purposes herein granted or to the extent that such use by Grantors, their heirs and assigns may not be consistent with the safety of Grantee's facilities or the safety of persons or property on the surface of said right of way. Without limitation of the foregoing, Grantors, their heirs and assigns, shall not excavate said right of way nor construct or permit to be constructed or placed on or over said right of way any house, structure, pavement, parking lot, obstruction, improvement or anything, either on the ground or overhanging the right of way, which may interfere with the aerial surveillance of the right of way or with access to, or with the safety of Grantee's facilities, and Grantee shall be entitled at Grantee's option at anytime to remove any such house, structure, pavement, parking lot, obstruction, improvement or thing, including, without limitation, growing things and overhanging limbs. Grantors, their heirs or assigns shall not construct streets, sidewalks, driveways, fences, pipelines or utility lines within said right of way unless (i) such facilities do not create a potentially unsafe condition, (ii) such facilities do not interfere with Grantee's use of the right of way, (iii) Grantee is notified prior to construction of such facilities, (iv) any pipelines or utilities lines are, at Grantee's option, constructed below Grantee's lines and (v) such facilities are constructed in accordance with any safety precautions required by Law or specified by Grantee. In the event Grantor, its successors and assigns, permit the construction, operation, repair and maintenance of pipelines, streets, or roadways within said right of way it is agreed that Grantor, its successors and assigns, shall reimburse Grantee, its successors or assigns or cause Grantee, its successors or assigns to be reimbursed for all of the reasonable and necessary costs, including administrative and overhead costs, for labor and materials incurred by Grantee in lowering, or otherwise protecting its pipelines against such construction by Grantor, its heirs or assigns. Grantee shall indemnify, defend and hold harmless Grantor, its affiliates, and their respective officers, directors, and employees, agents and contractors, from any and all claims, liability and expenses including, but not limited to, reasonable attorneys' fees, taxes, fines, penalties and expenses of compliance with all laws, regulations, ordinances, permits, licenses and claims for personal injury, death or property damage arising out of the use of the Property by Grantee, its' affiliates, and their respective employees, agents and contractors including claims of employees, agents and contractors of Grantee, unless caused by the actions of third parties or the negligence or willful misconduct of 159 35 @13 Page: 3 of 15 08/22/2011 11:17A Yellowstone County EASE 125.00 Grantor, its affiliates and their respective officers, directors, employees, agents, contractors licensees, invitees and assigns. Grantee will indemnify and hold Grantor, its directors, officers, agents and employees, harmless from any and all claims, loss, damage, actions, causes of action, expense and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after this Agreement and are attributable to the actions of, or failure to act, by Grantee or agents, except for the negligence or willful misconduct of Grantor, its directors, officers, agents and employees. Grantee shall, at its sole cost and expense, promptly repair and restore any and all damage to the property of Grantor, including without limitation, damage to any improvements located on such property, caused by the use by Grantee of the Property hereunder. If such repair and/or restoration is not carried out within a reasonable period after the date such damage is caused, the Grantor shall have the right to cause such repair and/or restoration to be made, and Grantee shall, upon written demand therefore by Grantor, reimburse Grantor for its reasonable fees, costs and expenses incurred in making such repair and/or restoration. Grantee agrees to bury each pipeline constructed hereunder to a depth of at least 36 inches below the surface of the ground at the time of construction. Grantee, except in the event of an emergency, shall provide fourteen (14) days advance notice to Grantor of Grantee's plan to access the right of way and easement to exercise its rights under the agreement. Grantor, except in the event of an emergency, shall provide fourteen (14) days advance notice to Grantee of maintenance activities of its facilities or new construction within Grantee's right of way and easement. Notifications to Grantor shall be made by telephone to the Chief Administrative Office at (406) 628 -4796. Notifications to Grantee shall be made by telephone to the Grantee's Pipeline Operations Controller at (888) 337 -5003. Grantee agrees not to engage in unauthorized recreation or remove any trees, plants, or foliage on Grantor's property outside of the right of way and easement without first consulting with the Grantor. Any trees, plants, or foliage removed outside the ROW will be replaced upon consultation with the Grantor. It is understood and agreed that Grantee shall be entitled to exercise any of the rights granted hereunder at any time and from time to time for so long as this right of way and easement remains in force and effect, and the non - exercise of any such rights shall not be deemed to constitute a waiver of any such rights. IN WITNESS WHEREOF, we have hereunto set our hand this 16 day of August, 2011. GRANTOR GRANTEE CITY OF UREL EXXONMOBIL PIPEL 1 E COMPANY eth E. Olson, Jr., Mayo Agj.— Name: ,1f4 kg Title: VI 66 t 6907 ATTEST:Address:800 Bell Street Houston, Texas 77002AWJ9 Cr t ' / C Shirley Ewan, Clefk- Treasurer 160 AUG -17 -2011 09 14 AM CITY OF LAUREL 406 628 2289 P. 02/02 1 11111 1111 1 1111111111111111111111 II 9 Page: 4 of 108/225 011 11:178 Yellowstone County EASE 125.0 STATE OF MONTANA ) ss. County of Yellowstone C'Aer / /Z. l u.r.1._. On this /4 Ada o f August in theyg year 2011 before me,Notary Public for the State of Montana, personally appeared Kenneth E. Olson, Jr., Mayor of the City of Laurel, known to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year in this certificate above written. p dirr: 6 CHERYLL L LUND P St .NOT PUBLI for the Notary tc for the State f MontanaOStoteofMontana SEAL .I Residing at Laurel, Montona LhClI L kC ri: •t My Commission Expires Residing at J_a 're Montana 41' • {AON January 20, 2015 My commission expires JaHaary -.2d, a2O / STATE OF MONTANA ) ss. County of Yellowstone On this l 1 day of August in the year 2011 before me,i . N\ Jo Notary Public for the State of Montana, personally appeared Geoff Craft, Vice - President of ExxonMobil Pipeline Company, known to me to be the person whose name is subscribed to the within instrument and acknowledge to me that heexecutedthesame. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year in this certificate above written. i V.. m„1... 5 .• p Notary Public for the State of Mo a r Residing at tl i n 5 , .Montana o My commission expires C n1rkf 2.1 2_D I t it i %I.,. 3:1 ii „., ;: A 161 kVi . . 4 _.,:;...,.. ,-, ; . ,,,,,,,, _..,,,__:... ..,. . „„.. 7 ir ..„,-, 7 .,1 ....„.,,,,....._,,...„."E 1svS.10 T.2S. R.24E. S.16 S.15 i----. PA. vfm* .-,4 1 i 1, 1 I1 FND 2" AC (HKM) SEC. COR.1 , -4 1:-; FM M al t; ' E.7-' ..: 14..=: 74.ra 4 i 1 1 ON #5 REBAR tit* Alii,.....,__wp____ ....,..Lt z. , ,; ., ./ 1 .L1 . j — - „ i cf)r I 5...LtA k\ \ t, t; . C°.•l 4 til N,q,1 ./' - - - ; .--.'71 .- - 7. cn 11LOCATION1f NI. (.4 THIS EASETTET11 -*\ .4.... co. rri A II, k i' 'i r -- -VICINITY MAP 6 ,..._,„._, - 7 , -6.1, , ,-..4..,•i---4, , ,........,..-...1 1 2000' o.B.1-Ek x COR.EIC-1'FND IRON PIPE HIBIT 'A4' W/ STEEL CAP EXXONMOBIL PIPELINE S.16 8 S.15 COMPANY EASEMENT 1 D 3596013 Page : 5 of 15 41 111101111111111 11111111111111111 1111111111 08/2212011 11:17P0 Yellowstone County EASE 125.00iC' ••\ ' S17'19'13 1.3 SEC. 15 e•A SEC. 22 z.• -1 3... 0*, NEW 30' WIDE PERMANENT PIPELINE EASE. c '0.55 ACRES V ,,, ',..- S30 08 ' 13 " E CITY OF LAUREL NRIVERSIDEPARK 42.06'COS 3387 DOC.# 3491272 1 S 35 59 E 123.93'o'''420.---.•., - v 7.4 100 50 0 100 200 1 GERALD k ,... 1 PAVLICKMINNIIMILIIIIMMINIIIIIIMMIi. 71, 162 P359@age: 6 6 of 15 13 08122/2011 1117P Yellowstone County EASE 125.0 EXHIBIT `B -1' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Certificate of Survey No.3387 as recorded in the Clerk and Recorders office of Yellowstone County as Document No. 3491272, in the SW'% of Section 15 and the NW% of Section 22, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S12°48'30"E, a distance of 5148.32 feet to the right bank of the Yellowstone River, being the Point of Beginning; thence S 17 °l9' 13 "E, a distance of 444.99 feet; thence S30 °08' 13 "E,a distance of 42.06 feet; thence S01 °35'59 "E a distance of 123.93 feet; thence S23 °51' 16 "E, a distance of 142.71 feet; thence S 13 °47'22 "E, a distance of 51.16 feet to the Point of Termination on the South line of said Certificate of Survey No. 3387, being S27 °47'37 "E, a distance of 3408.44 feet from the % corner common to Section 15 and 16, containing 0.55 acres more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -1 (Figure 1) attached hereto. ib k GGLRALD A. PAVLI ti II 83: a SII1.r 163 EXHIBIT 'A-2'i• - , .c EXXONMOBIL PIPELINE 5;;• r 1 k.._•=, 1----4..1 , ... 1 •.- :., „ „...• ..,;:- ..,..,,--,:•:-;iCOMPANYEASMENT4;“... 1 1 1 s c.,„ s t.p 1 tA iv P.c. 0 VI • I , )LOCATION rrl THIS EASEMENT 1 L '_,A 4,... ,,,-*Tr a 1 ...-0-in in ::: 1 Iii ..-. ..: S. 9 1' S. 10 P.O.B. VICINITY MAP ED r - sE o\l-g -- ---2000'S. 16n 1 SEC. COR. -----ft) CI! 2 FND. 2" AC (HKM) ON #5 REBAR 11. 8 inN e 0 .... ........ II i I 1 , 3°' 9 1Q LA i--. • '30' WIDE mil la fi Pi 15 IDLE PIPELINE EASEMENT la 1_____--------'0.35 ACRES S. 16 0 S. 15-Iii >. L' v Y4 COR. I1I1= FND. IRON PIPE 1 10cp. Y 11. cc.W/ STEEL CAP 133 'ON t SEC. 15 3A,f - '... I-SEC. 22 x I' 1 1 q1 4 .' 14,;• - % 1 ..., 4 GERALD Ito at s- frailiff ' 11:19 /71- 7%, - )- PAVL IC I 0 1i8,J8 / 1 • 1 4 , '......--....• 0 0 . 4 ___S li It .., PI ccre,v.s.aiiilly t 1 111 N. CITY OF LAUREL P.O.T. RIVERSIDE PARK C.O.S. 3387 BASIS OF BEARINGS DOCUMENT # 3491272 MONTANA COORDINATE SYSTEM NAD83) DISTANCES AS SHOWN ARE GRID DISTANCES. TO CONVERT TO GROUND DISTANCES DIVIDE BY CAF =_... 164 9Pag 8 of 6013 15 08!22!2011 11178 Yellowstone County EASE 125.00 EXHIBIT `B -2' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Certificate of Survey No.3387 as recorded in the Clerk and Recorders office of Yellowstone County as Document No. 3491272, in the SW1/4 of Section 15 and the NWl% of Section 22, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S13°49'24"E, a distance of 5143.53 feet to the right bank of the Yellowstone River, being the Point of Beginning; thence S33 °44'05 "E, a distance of 85.93 feet; thence S02 °31'09 "E,a distance of 415.78 feet to the Point of Termination, being S23 °43' 16 "E, a distance of 3100.08 feet from the 1/4 corner common to Sections 15 and 16, containing 0.35 acres more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -2 Figure 1) attached hereto. i ,eti1'N - "i9 GERALD A. fir PAVLIC 4 t t 8382 , V „," k..y ' 6"'"k } t5.. 5 t1 R %1IIj111' 165 10110.0.111110110,I ELItT12,atrailirrr:<:,? 7,. -•^^^^' ..- ' . - 7 - '''''''' - . ---- - ;:r- - r IF_ '''''' '" 1 .'''"" 7„;77 . .,,, , % 7''' - I re'lrAi 1 l'''.;1 1 T -. Lifr",•-A . - i i „...il Ar.1 11 1-7 : it.7, f.3,,,,,, ci.. _ Or''' 11 C.4 IF.- 1-- 4 . 5 ,'ij, i1.2. wow-go .vw:74m1 1 1,4„. ,.‘:::,:,,,,.._.—, S.10 L-_,-.---- ,..,, ii t .....r.\4PANORVI .4744 * .----------' I.1 1 1S16iiimiww- i;w—....pri M W.t W•4...>" -"" - ' ''S` , , ,li: , 'i SEC. COR.1 „iC, -,r•.4 4' FND 2" AC (HKM - p,-,......x....__1,...,_,..... :-....,:,..<- 0'x,\.\1 ON #5 REBAR I i •I L._-t • i•u, I 1i NiLOCATIO si. y __...f 1 i THIS EASEMENT i i i .° ,: I A I,..: , N I cn tv 0) i i I, f 0 4,P CA VICINITY MAP 0 im 1 1 1 ” = 2000' 0 EXHIBIT I A-3 4...„,to4-4.EXXONMOBIL PIPELINE 0.0. 0 4,.....1.,COMPANY EASEMENT 1 35960111111110110110111Page: 9 ° f2011111: 15 171:1 Yellowstone County EASE 125.0 Y4 COR. FND IRON PIPE CHS INC. W/ STEEL CAP NASA & GOV. LOTS 3 & 4 S.16 0 S.15 SEC. 15 T.2S., R.24. E. gozz.o. t4 TA0 +6; GERALD K D A. va1. tr . • ...".. .......- 2„...., (2-i•;---C4 ''' C.- \ to • o to - e. 1.83: '3?-*°,0a., 4,,,,, .1 .•• t A A 1 ‘ v *4,, , . . t, 0 141, 08U11i .qo I •4r.z../.440,001-"' i 1 ) 1 CITY OF LAUREL 15 01 1 WATER TREATMENT t\i't_ AIFACILITY W 30 WIDE 0.B. PERMANENT PIPELINE EAsF.0. 1 go_PP— i 0.02 ARES (900 SQ•FT 5V I i't - -3.-'---6--- 9- -- - - -- - 0 _..- P 10 166 1111 111111 I I 111 Ell 1111 11111 III 1111 1 11 111 359 6013 Pa 10 of 08122!2011 11:178 Yellowstone County EASE 125.0 EXHIBIT 9B -3' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Sewer Plant Road as recorded in the Clerk and Recorders office of Yellowstone County in Book 170, Pages 327 -329, in the SW% of Section 15, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S10 040'02"E, a distance of 4330.14 feet; thence N69 '24'41"E, a distance of 96.84 feet; thence S17 ° 19' 13 "E,a distance of 152.68 feet to the North line of said road tract being the Point of Beginning; thence S17 °19'13"E a distance of 30 feet to the South line of said road tract, being the Point of Termination; being S27 ° 09'05 "E, a distance of 1969.47 feet from the l corner common to Section 15 and 16, containing 900 square feet more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -3 Figure 1) attached hereto. t/r /1Wfj GERALD A. 9 PAVLIC 8382 i' a s if 11'11..0 167 2 r l x ' 57 5 'i r , F r .. s I it(( 4 ai S.16 S.15 7 I I ti t I fir,SEC. COR.I i _FND 2 AC (HKM)(({ ON #5 REBAR r 4 1 A \_. LOCATION f.. THIS. EASEMENT a,:a if tl t N t 1 N W VICINITY MAP T 4 - 144_ ' at 1 „2000'' m I 35960 EXHIBIT 'A -4' 111111111111111111111111111111111 1111111111 Page : 11 of 15 EXXONMOBIL PIPELINE 08/22/2011 11:178 Yellowstone County EASE 125.00 COMPANY EASEMENT N p 0. 0717/,CAN ir E rnS /,Yt1ZP ALDAS.16 S.15 PAVLIC i 838 m,. ,4 fe SUR`IEy10''riirriu /ttll I a CHS INC. J a•t NWY4SWY4 & GOV. LOTS 3 & 4 I SEC. 15 I T.2S., R.24.E. 30' WIDE IDLE PIPELINE EASEMENT N _CITY OF LAUREL 0.02 ACRES (917 SQ.FT.) • WATER TREATMENT FACILITY P.O.B. p • S25'53' 19"t R30.6 SEWS I BUR 168 11111111111111111111111111 1111111111111 3 Pa 12 of 08/22/2011 596013 11:17ii Yellowstone County EASE 125.00 EXHIBIT `B -4' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Sewer Plant Road as recorded in the Clerk and Recorders office of Yellowstone County in Book 170, Pages 327 -329, in the SW1/4 of Section 15, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the Northwest corner of said Section 15 thence S 11 ° 42'07 "E, a distance of 4468.11 feet; to the North line of said road tract being the Point of Beginning; thence S25 °53'19"E a distance of 30.6 feet to the South line of said road tract, being the Point of Termination; also being S26 °21'21 "E, a distance of 1963.64 feet from the 1/4 corner common to Section 15 and 16, containing 917 square feet more or less, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -4 Figure 1) attached hereto. tt rit' `,'4 - GERALD A. 1. t PAVLICK 1838 f r I11J1111 169 r 0 1 y;:: . wry 1 LOCATION Y . THIS EASEMENT f/ cr S.16 S.15 VICINITY MAP 4, 1-7-1'111.1:.).0O a Y. COR.1 " = 2000'1 Q • • N FND IRON PIPE 3€ " W M a aW/ STEEL CAP a EXHIBIT 'A -5' EXXONMOBIL PIPELINE COMPANY EASEMENT N.— W 1 w NOTE: RECORD BEARINGS AND DISTANCES imil FROM BOOK 1358, PAGE 1944 WERE III a ROTATED AND TRANSLATED TO THE MONTANA COORDINATE SYSTEM (NAD83)X 3 o j r f 0 ' i GERAL A.,. PAVLIC4 No CHS INC. NWY4SWY4 &f i r ` i GOV. LOTS 3 & 4 r r+ SEC. 15 tosver,,:' T.2S., R.24.E. N63'16'00 'W 69.67' to4 •.P.O.T. P.O.B. Ni -CANYON CREEK DITCH CO. PARCEL #5 BOOK 403, PAGE165 l'\ CITY OF LAUREL 50 25 0 50 100 PARCEL #8 BOOK 201, PAGE 316 170 91 31111111111DI1111101111I11111111111111III1P14of08!22!20111: P Yellowstone County EASE 125. EXHIBIT `B -5' DESCRIPTION: A permanent 30 foot wide pipeline easement located in Parcel No.8 as recorded in the Clerk and Recorders office of Yellowstone County in Book 201, Pages 316, in the SW1/4 of Section 15, T.2S., R.24E., P.M.M., Yellowstone County, Montana, being 15 feet on each side of the following described centerline where said easement runs across, adjoins or touches the aforementioned tract, being more particularly described as follows: Commencing at the 'V4 corner common to Sections 15 and 16, thence S18 ° 51'00 "E, a distance of 1609.30 feet to the Point of Beginning; thence N63 °16'00"W a distance of 69.67 feet to the Point of Termination on the Westerly line of said Parcel No.8, and subject to easements either of record or apparent on the ground, and all according to, Exhibit A -5 '(Figure 1) attached hereto. l3JY7 JrrP,'.; 4.. uayb GERALD A. ) Ilz..*i PAVLIC 83 :2. S A zez 171 Page: 15 of 3596013 15 08/22/2011 11:17AYellowstoneCountyEASE125.0 RESOLUTION NO. R11 -69 A RESOLUTION APPROVING A RIGHT OF WAY GRANT BETWEEN THE CITY OF LAUREL AND EXXONMOBIL PIPELINE COMPANY. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Appro. val The right of way grant between the City of Laurel and ExxonMobil Pipeline Company, a copy attached hereto with exhibits, is hereby approved. Section 2: Execution. The Mayor of the City of Laurel is hereby given authority to execute said right of way grant on behalf of the City. Introduced at a regular meeting of the City Council on August 16, 2011, by Council Member Dickerson PASSED and ADOPTED by the City Council of the City of Laurel, Montana, this 16 day of August, 2011. APPROVED by the Mayor this 16 day of August, 2011. CITY 0 LAUREL A nneth E. Olson, Jr., May, ATTEST: L O6 Shirley Ewan, Clerk- Treasurer A ;rov., as to it". m ' ainter, Legal Counsel Elk River Law Office, P.L.L.P. R11 -69 Exxon Right of Way Grant 172 File Attachments for Item: 5. NorthWestern Energy Zone Change Discussion 173 CITY HALL 115 W. 1ST ST. PLANNING: 628-4796 WATER OFC.: 628-7431 COURT: 628-1964 FAX 628-2241 City Of Laurel P.O. Box 10 Laurel, Montana 59044 Office of the City Planner October 18, 2021 Regarding the Northwestern Energy Zone Change Application Mayor and City Council, The Planning Department has reviewed the recently made recommendation of annexation of the Northwestern Energy property adjacent to the Yellowstone River with other city staff. After further review, the Department recommends that City Council un-table the resolution for zoning for the Northwestern Energy parcels and pass the resolution at the City Council meeting scheduled for October 26, 2021. It is in the best interests of the city to move the zone change forward in order to facilitate the development of a vital piece of infrastructure for the region. Please let me know if you have any questions or comments about this letter or the item to be discussed. Thank you for your consideration. Regards, Nicholas Altonaga, CFM Planning Director 174 File Attachments for Item: 6. Annexation of City-Owned Property Contiguous With Municipal City Limits Discussion 175 City Owned Property Draft Planning Director 10/13/2021 Address: 1152 YARD OFFICE RD Legal description: S10, T02 S, R24 E, C.O.S. 1048, PARCEL 1 Taxid: D02645 Geocode: 03082110116010000 Property owner: CITY OF LAUREL Certificate of Survey: CS 1048 Tract: 1 Address: 1501 SEWER PLANT RD Legal description: S15, T02 S, R24 E, ACRES 9.5, PORTION IN E2E2SW ADJ TO & S OF COS 1998 (SEWAGE * Taxid: D02720 Geocode: 03082115307200000 Property owner: CITY OF LAUREL Subdivision: UNPLATTED Address: US HIGHWAY 212 S Legal description: S15, T02 S, R24 E, WATER PLANT IN SWSW4 Taxid: D02722 Geocode: 03082115307010000 Property owner: CITY OF LAUREL Subdivision: UNPLATTED Address: W RAILROAD ST Legal description: S17, T02 S, R24 E, C.O.S. 3014, PARCEL 1, 26.788 AC (2000) RESOLUTION ANNEX TO CITY 03-12 (04) Taxid: D02829 Geocode: 03082117104010000 Property owner: CITY OF LAUREL Certificate of Survey: CS 3014 Tract: 1 Address: US HIGHWAY 10 W Legal description: S17, T02 S, R24 E, C.O.S. 1055, PARCEL 1, LESS 1.71 AC FOR HWY (17) Taxid: D02804 Geocode: 03082117207200000 Property owner: CITY OF LAUREL Certificate of Survey: CS 1055 176 Tract: 1 Legal description: S04, T02 S, R24 E, IN N2SW4 LAUREL RESERVOIR Address: W BEARTOOTH DR Taxid: D02545 Geocode: 03082104324200000 Property owner: CITY OF LAUREL Subdivision: UNPLATTED Address: W BEARTOOTH DR Legal description: S04, T02 S, R24 E, C.O.S. 496, PARCEL 1, AMND Taxid: D02541 Geocode: 03082104324210000 Property owner: CITY OF LAUREL Certificate of Survey: CS 496 1ST AM Tract: 1 Address: Park W 12TH ST Legal description: LAURMAC SUBD AMEND, S09, T02 S, R24 E, BLOCK 14, Lot 4 - 6, AMND (13) Taxid: B01523 Geocode: 03082109238010000 Property owner: CITY OF LAUREL Subdivision: LAURMAC SUB AM Block: 14 Lot: 4 Address: LAUREL AIRPORT RD Legal description: S04, T02 S, R24 E, C.O.S. 3162, PARCEL A, TRS A-B, C1, D-E COS 3162 (11) Taxid: D02525 Geocode: 03082104101010000 Property owner: CITY OF LAUREL Certificate of Survey: CS 3162 Tract: A Address: MILWAUKEE RD Legal description: VILLAGE SUBD, S11, T02 S, R24 E, BLOCK 6, Lot 1 Taxid: B03234 Geocode: 03082111202010000 Property owner: CITY OF LAUREL Subdivision: VILLAGE SUB 1ST FIL Block: 6 Lot: 1 177 Address: SE 4TH ST Legal description: HAGEMAN SUBD 3RD FILING, S16, T02 S, R24 E, BLOCK 11A, Lot ROW, AMD (12) Taxid: B00464C Geocode: 03082116106120000 Property owner: CITY OF LAUREL Subdivision: HAGEMAN SUB 3RD FIL Block: 11A Lot: ROW Address: W 7TH ST Legal description: S08, T02 S, R24 E, C.O.S. 3397, PARCEL 2, **MULTI-DISTRICT** TR 2 COS 3397 SD 7 - .619 AC SD 07L - 1.282 AC Taxid: D02583B Geocode: 03-0821-08-1-05-21-6000 Property owner: CITY OF LAUREL Certificate of Survey: COS 3397 Block: Lot: 178 File Attachments for Item: 8. W. Railroad Update 179 1 8 0 1 8 1 1 8 2