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Home My WebLink About1.0 Application~AMERICAN ,OIJ SooA, LLP. AMMENDMENT TO SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO YANKEE GULCH SODIUM MINERALS PROJECT PARACHUTE PROCESSING OPERATION DECA-HYDRATE ADDITION May 2001 Submitted By American Soda, L.L.P. 2717 County Road 215 Parachute, CO TABLE OF CONTENTS 1.0 DESCRIPTION AND SPECIFICATIONS FOR THE PROPOSED SPECIAL USE Introduction Project Location Site Plan Description Hours of Operation 1.1 1.2 1.3 1.4 1.5 Site Access and Anticipated Vehicle Traffic 2.0 WATER USE AND WASTEWATER DISPOSAL 3.0 SITE PLOT PLAN 4.0 VICINITY MAP 5.0 GARFIELD COUNTY ASSESSOR'S MAP 6.0 DEED AND LEGAL DESCRIPTION OF THE PROPERTY 7.0 IMPACT STATEMENT APPENDICES Appendix A List of Adjacent Landowners -American Soda Parachute Site Appendix B Impact Statement Appendix C Deed and Legal Description Appendix D Water Usage and Decrees Appendix E Storm water System Appendix F Engineering Drawings APPLICATION Special Use Permit GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT 109 Eighth Street, Suite 303, Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date: May 22, 2001 Base Fee: ___ ~$4=00~------------ Applicant: American Soda L.L.P. Address of Applicant: 2717 County Road 215, Parachute, CO 81635 Telephone:_~9~7=0-~2=8~5-~6~50=0~--- Special Use Being Requested: Addition to processing: plant for enhanced production of soda ash Zone District: Ag:ricultural Size of Property: approximately 1,000 acres Application Requirements: These items must be submitted with the application, 1) Plans and specifications for the proposed use including the hours of operation, the an1ount of vehicles accessing the site on a daily, weekly, and/ or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative forn1 and be specific. 2) If you will be using water or will be treating waste,vater in conjunction with the proposed use, please detail the an1ount of water that would be used and the type of waste\vater treahnent. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply inforn1ation, including a \Vater allohnent contract or an approved water augmentation plan. 3) A map drawn to scale portraying your property, all structures on the property, and the County or State road\vays within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you n1ust attach an acknowledgrnent from the property owner that you may act in his/her behalf. 7) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmissio.n industry, or any other classified industrial operation, you must submit an impact staten1ent consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt n1ait all adjacent landowners and publish the notice provided by the Planning Departn1ent, in a newspaper of .general circulation. Both these notices must be mailed/ published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The information contained in this application is complete and correct, to the best of my knowledge. APPLICATION FOR AMENDMENT TO SPECIAL USE PERMIT YANKEE GULCH SODIUM MINERALS PROJECT PARACHUTE PROCESSING OPERATION DECA-HYDRATE ADDITION 1.0 DESCRIPTION AND SPECIFICATIONS FOR THE PROPOSED SPECIAL USE 1 .1 Introduction This Application to amend Special Us e Permit 99-055 is being submitted by American Soda, L.L.P. (American Soda) in support of the proposed deca-hydrate addition to its Parachute Processing Operation (Para c hute Site). In brief, American Soda propo ses to add process equipment to enhance recovery of soda ash from its mine recycle water and MVR purge streams. The proposed Parachute Site deca-hydrate addition would be conducted entire ly within American Soda 's current 1 ,000-acre property boundary and would not require the purchase of additional adjacent property. While the Parachute Site is zoned "Agricultural" by Garfield County, the proposed special use of the site would involve no conversion of agricu ltural land because the areas propo sed for development of the deca-hydrate addition are currently industrial in character. 1 . 2 Project Location The Parachute Site is located on private property in the Parachute Creek va ll ey in Sections 34 and 35 of Township 6 South, Range 96 West and Sections 2 and 3 of Township 7 South, Range 96 West of the sm Principal Meridian in Garfield County, Colorado. Access to the Parachute Site is provided by Inter state 70 and Garfield County Road 215 (P arach ute Creek Road ). Figures 1 and 2 provide maps showing th e lo cation and overa ll layout of American Soda's Parachute Site with the proposed addition of the deca-hydrate pro cess ing facility . 1 .3 Site Plan De scription The proposed deca-hydrate addition to the Parachute Site Processing Operation would genera lly includ e the in sta lla t ion of n ew soda ash process equipment hou sed in an addit ion to the existing soda ash w ing of the process building. The proposed addition would add process equ ipm ent to convert residual soda ash product remaining in the mine water return and MVR purge streams into a recoverable form of soda ash referred to as "deca-hydrate". The deca-hydrate would then be returned to the soda ash crysta lliz er and converted to fini s hed soda ash product, rather than pumped back up to American Soda's Piceance Creek Mining Operation or sent to the MVR purge pond. Applied lion for Specic1 I Use Permit Amendment Yankee G ulch Sodium ~line rals Project Parachute Processi ng Opera tio n Deca·Hydrate Additio n American Soda, L.L.P. 1 The most significant aspect of the proposed project is the expansion of the existing process building . In terms of physical dimensions, a 50-foot-wide by 50- foot-long by 84 . 5-foot-high addition will be made to the existing 400 foot long by 80 foot wide by 120 foot high soda ash wing of the process building. As is currently the case, the addition to the process building will be a braced steel- frame structure with a concrete foundation and slab . As is the case with the existing structures at the Parachute Site, the addition to the process building will be painted an unobtrusive exterior color to blend with the natural surroundings and reduce visual impacts . Figure 1 identifies the specific facilities that would be developed at the Parachute Site as part of the proposed deca-hydrate addition . 1 . 4 Hours of Operation As is currently the case, the Parachute Site processing operation with the proposed deca-hydrate addition is scheduled to operate 24 hours per day, 365 days per year, with the exception of periodic maintenance outages. 1. 5 Site Access and Anticipated Vehicle Traffic The Parachute Site is located about 3 miles northwest of Parachute, Colorado . Access to the Parachute Site would be via Garfield County Road 215 (Parachute Creek Road). Access to project facilities within the Parachute Site would be provided by existing paved and gravel roads. Commuter traffic with the proposed deca-hydrate addition would not change from the present. Commuter traffic to and from the Parachute Site occurs during both day and night, peaking during shift changes . The processing facility would operate 24 hours per day, with two 12-hour shifts (e.g., 7 am to 7 pm and 7 pm to 7 am). Since there will be no increase in operations workforce the approximately 62 commuter round trips that now occur per 24-hour day should remain the same. Truck traffic to and from the Parachute Site is associated with the delivery of materials and supplies, as well as shipment of a small percentage of finished sodium products . These truck trips occur primarily during daylight/business hours, Monday through Friday. It is estimated that approximately 36 truck trips per business day now occur during operation of the Parachute Operation and will not increase appreciably with the deca-hydrate addition . The vast majority of American Soda's finished products are shipped from the Parachute Site by rail, utilizing the existing rail spur that runs from the site to the interstate railroad main line near the town of Parachute. With the proposed deca-hydrate addition. rail traffic is estimated to increase by no more than one 110-ton railcar per 24-hour day. Ap plica tion fo r Spec ial Use Permit Amendment Ya nkee Gulch Sodium Mi nera ls Projec t Parachu te Pr ocess ing Opera tion Deca-Hyd rate Addition Amer ic an Soda, L.L.P. 2 2.0 WATER USE ANO WASTEWATER DISPOSAL The water supply for American Soda's Yankee Gulch Project is derived from the water rights purchased from Unocal for the project. These water rights are more than adequate to satisfy the project's demands. American Soda is confident that the project's water supply is legally and physically reliable. Current and projected water usage and decrees are detailed in Appendix D. As is currently the case, domestic wastewater [sewage) will be drained into an existing storage vault at the Parachute Site. The wastewater will then be pumped from this vault and disposed of at an appropriate facility off site. Wastewater generated as a result of water softening would be routed to the on-site evaporation ponds. 3.0 SITE PLOT PLAN Figure 1 depicts the locations of all existing and proposed new structures at the Parachute Site, as well as the Garfield County roadway [County Road 215) in the vicinity of the Parachute Site property. 4.0 VICINITY MAP Figure 2 depicts the location of the Parachute Site on a USGS topographic map. The Parachute Site is located in the bottom of the Parachute Creek valley, on a property that is relatively flat, sloping gently toward Parachute Creek. 5.0 GARFIELD COUNTY ASSESSOR'S MAP A copy of the relevant Garfield County Assessor's Map is attached as Figure 3. Appendix A provides a list of adjacent landowners for the Parachute Site. 6.0 DEED AND LEGAL DESCRIPTION OF THE PROPERTY A copy of the deed and a legal description of the property were filed with Garfield County after the initial Special Use Permit was granted for the Parachute Site [Permit No. 99-055). A copy of these documents are included as Appendix C. 7.0 IMPACT STATEMENT The Impact Statement for the project is included as Appendix B to this Application. The Impact Statement includes an analysis of the applicability of the Garfield County Fiscal Impact Mitigation Program to the Yankee Gulch Project. Application for Special Use Permit Amendment Yankee Gulch Sodium Miner.ils Project Parachute Processing Operation Deca-Hydrate Addition American Sod;i, L.L.P. 3 APPENDIX A LIST OF ADJACENT LANDOWNERS AMERICAN SODA PARACHUTE SITE APPENDIX A LIST OF ADJACENT LANDOWNERS -AMERICAN SODA PARACHUTE SITE Lot Number 2171-332-00-010 2171-341-00-959 2171-354-00-960 2171-363-00-007 2409-013-00-008 2409-013-00-006 2409-013-00-007 2409-122-00-004 2409-111-00-067 2409-212-00-952 Application for Special Use Permit Amendment Yankee Gulch Sodium Minerals Project Name of Owner Union Oil Company of California U.S. Bureau of Land Management U.S. Bureau of Land Management Barrett Resources Corporation McKay, Evelyn G. U.S. Lab, Inc. Lindauer, Iva E. and Sidney R. Lindauer, Iva E. and Sidney R. Lindauer, Iva E. and Sidney R. U.S. Bureau of Land Mam)gement A-1 Parachute Processing Operation Deca-Hydrate Addition American Soda, L.L.P. Address 376 Valencia Ave. Brea, CA 92823 Attn: Peter Niemiec, Esq., Mary Parish, Esq. 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 1515 Arapahoe St., #1000 Denver, CO 80202 P.O. Box 186 Parachute, CD 81635- 018 P.O. Box 1622 Elko, NV 89803-162 P.O. Box 6262 Elko, NV 89802-626 P.O. Box 626 Parachute, CO 81635- 062 P.O. Box 626 Parachute, CD 81635- 062 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 APPENDIX B IMPACT STATEMENT IMPACT STATEMENT APPLICATION FOR SPECIAL USE PERMIT AMENDMENT YANKEE GULCH SODIUM MINERALS PROJECT PARACHUTE PROCESSING OPERATION DECA-HYDRATE ADDITION In accordance with Sections 5.03.07 and 5 .03.08 of the Garfield County Land Use Codes. this Impact Statement is filed with Garfield County for the purpose of modifying American Soda LLP 's Parachute Site Processing Operation , located at 2717 County Road 215 in unincorporated Garfield County. The Parachute Site is part of the American Soda, L. L.P. (American Soda) Yankee Gulch Sod ium Minerals Project (Yankee Gulch Proje ct). In brief, American Soda proposes to construct a deca -h ydrate addition to its existing soda ash processing plant to enhance recovery of soda as h product from its process stream. 5.03 CONDITIONAL AND SPECIAL USES 1 . Utilitie s and Sanitation American Soda intends to utilize its exist ing water supply and wastewater dis posal infrastructure present at the Parachute Site. 2. Street Improvements The road serving the Parachute Site (County Road 21 5) is currently adequate to serve the Parachute Site Processing Operation. At present, County Roa d 215 carries modest volumes of traffic and has adequate capacity to handle the traffic envisioned for the project. Projected commuter and truck traffic anticipated fo r the Parachute Site addition are described in Section 1 . 5 of the Spe cial Use Permit Application. 3. Project Design and Adjacent Land Uses The Parachute Site is an approximately 300-acre existing industrial facility enclosed by a c hain-link fence . This 300-acre facility li es w ithin 1 ,000 acres owned by Ame~ican Soda. Outside the fenced boundary of the Parachute Site, the American Soda property is agricultural and/or vacant in character . Land s adjacent to American Soda's 1,000-acre property are sim ilarly used for grazing · and/or agriculture, with limited rural residential and mineral/natural gas extractive uses. Im pact St• lcment Applicd.ti o·n fo r Special Use Permit Amendment Y•nk<'<! Gulch Sodium Min eral s Project Parachute Processing Operation Deca-Hydrale Addition American Sod•, L.L.P. B-1 There are no established neighborhoods or other residential land uses within close proximity of the Parachute Site that would warrant installation of screen fences or special landscaping or that would require special consideration of the location of intensively utili zed areas, access points, lighting, or signs to protect established neighborhood character . 5.03 .07 INDUSTRIAL OPERATIONS 1. IMPACT STATEMENT A. Existing Lawful Use of Water The water supply for American Soda 's Yankee Gulch Project would be derived from the water rights purchased from Unocal for the project. These water rights are more than adequate to satisfy the project's demands. American Soda is confident that the project's water supply is legally and physically reliable. Current and projected water usage and decrees are detailed in Appendix D . The Parachute Site features a network of drainage ditches to direct stormwater runoff to a stormwater retention pond located on the southeast side of the site (Figure 1 of the Special Use Permit Application). Groundwater is protected through use of evaporation ponds featuring double liners with leak detection and pumpback equipment. 8 . Generation of VaQors. Dust. Smoke. Noise. Glare. Vibration. or Other Emanations The proposed deca-hydrate addition at the Parachute Site would not result in the emission of vapors, dust, smoke or other emanations. The addition would use electrically powered equipment and steam heat provided by the Parachute Site 's existing boilers. Any potential noise sources associated with the proposed deca-hydrate system would be located inside of proposed building addition, which would reduce the amount of noise actually emitted. C. lmQ acts on Wildlife and Domestic Animals The Parachute Site is an existing industrial facility that is already fenced to .restrict access by people , as well as by domestic animals and wildlife. While the adjacent properties are agricultural in nature, the perimeter fence precludes the entry of livestock and other domestic animals. lmpa ct Statement Application for Specia l Use Permit Amendment Yankee Gulch Sodi um Min erals Projec t Parac hute Processing Ope ration Deca-H)'drate Additi o n American Soda, L.L.P. B-2 • There is the potential for occasional vehicle-animal collisions along County Road 215 and on the rail spur due to project-related automobile, truck, and rail traffic. The number of animals that would be impacted is expected to be low. D. Truck. Automobile. and Rail Traffic The proposed deca-hydrate addition to the Parachute Processing Operation will not appreciably increase vehicle traffic to and from the plant as the number of company employees will not increase with the addition. Similarly, truck traffic will not increase appreciably . Since the vast majority of finished soda ash product is shipped from the Parachute Site by rail, the recovery of additional soda ash by the proposed deca- hydrate addition would add appro ximately one rail car per day to the existing volume of rail traffic . E. Damage to Adjoining Property All product processing activities occur within the fenced boundaries of the approximately 300-acre Parachute Site. As mentioned previously, the Parachute Site lies within the larger, appro ximately 1 ,ODO-acre American Soda property . No disturbance or damage to adjacent properties or land uses is forese en as a result of the proposed deca-hydrate addition. F. Mitigation Measures American Soda would paint the propo sed deca-hydrate building addition the same unobtrusive natural color ("Parachute Shale") as the existing plant to blend in with the natural surroundings. Thi s should reduce visual impa cts to observers in Battlement Mesa and other local viewpoint s. Since little, if any, other impacts are expected to result from the proposed deca- hydrate addition project, no additional mitigation measures ar e propos ed . 5.03 .08 INDUSTRIAL PERFORMANCE STANDARDS 1 . Volume of Sound Equipment that will generate noise will be locate~ within buildings or enclosures and will comply with all relevant state and federal standards with r espect to noise em1ss1ons. Impact Si..te ment A pplication fo r Specia l Use Permi t A mendment Yankee Gulch Sodium Min erals Project Parachute Processing Operation Deca-Hydrate Add ition A merican Soda, L.L.P . B-3 2. Vibration Generated The proposed deca-hydrate addition is not expected to produce ground vibration that is perceptible at any point along the property boundary . 3 . Emissions of Smoke and Parti cu late Matter As stated in Section 5.03.07 (BJ of this Impact Statement, the proposed deca- hydrate addition at the Parachute Site would not result in the emission of vapors, dust, smoke or other emanations. The addition would use electrically-powered equipment and steam heat provided by the Parachute Site's existing boilers . 4. Emission of Heat. Glare. Radiation. and Fumes The Parachute Facility as a whole is lit at night. American Soda has installed night lighting in accordance with applicable occupational health and safety regulations and sound engineering judgment. The propos ed d eca -hydrate addition would not emit rad iation into the environment, nor would it emit heat that would be measurable in offsite air or water resources. 5. Storage Areas Limited quantities of diesel fuel and other regulated materials are stored at t he Parach ute Site for use in project operations. These materials are stored in a manner consistent with requirements of the National Fire Code and other applicable state and federa l r eg ul ation s . Storage facilities for fuel and other regulated materials are within the fenced boundary of the Parachute Site. 5.08 FISCAL IMPACT MITIGATION PROGRAM According to the Garfield County Zoning Resolution, the purpose of the Fiscal Impact Mitigation Program is to condition a land use perm it so that the sponsor of a Major Project will participate, as necessary, in a mitigation plan to provide for the timely availability of adequate hou sing, community fa cilities, and public services during the construction phase of the M ajor Proj ect . Fiscal mitigation can take many forms, such as providing hou si ng un its, funding school additions, and funding water, sewer, or road infrastructure. Based on the guidelines established in the Zon'lng Resolution (5.08.02 .08). a Major Proj ect is defined as a project located in the county that will employ at any one time a total workforce of 200 employees in the county. Given the likely size of the construction workforce of 45 to 50 con tract employees associated with the proposed de ca-hydrate addition, comb in ed with American Impact Statement B-4 Application for Special US<? Permit Amendment Yank ee Gulch Sodium Minerals Pr ojec t Parachute Processing Opera tio n Deca -Hydrale Addition Ame rican Soda, L.L.P. Soda's current approximately 1 OD-person workforce at the Parachute Site, it is unlikely the Yankee Gulch Project expansion would exceed the Major Project criteria during its construction period of 5 months. Following construction the work force will return to the current 1 DO-person level. 5.1 STORM WATER RETENTION SYSTEM The industrial complex is protected from inflow of storm water run off from surrounding areas by boundary drainage as depicted in Figure 1. The storm water run off for the total area of the industrial complex including the proposed addition is a part of the original calculations and design of the storm water retention system. Design calculations are included in Appendix E. Impact Statement Application for Special Use Permit Amendment Yankee Gulch Sodium Minerals Project Parachute Processing Operation Deca-Hydrate Addition American Soda, L.L.P. B-5 APPENDIXC DEED AND LEGAL DISCRIPTION RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC l 050 Seventeenth Street, Suite l 500 1111111111111111111111111111111111111111111111111111111 Denver, Colorado 80265 Attn: Michael A. Smith 545331 05/12/1999 12:03P 81129 P50 M ALSOORF 1 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO SPECIAL WARRANTY DEED UNION OIL COMP ANY OF CALIFORNIA, a California corporation, ("Grantor"), with an address of 376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration in hand.paid, hereby sells and conveys to Ai\1ER1CAN SODA, L.L.P., a Colorado limited liability partnership, its successors and assigns ("Grantee") with an address of710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's interest in certain real property located in Garfield County, Colorado as more particularly described on Schedules I-A through I-R attached hereto and incorporated herein by this reference (collectively the "Real Estate"), together with all appurtenances, and warrants the title to the same against all persons claiming by, through, or under GrantOf, and subject to the reservations set forth below and the encumbrances, liens, matters and exceptions more particularly described on Schedule II attached hereto and incorporated herein by this reference. RESERVATIONS Grantor reserves to itself, its successors and assigns (i) hydrocarbons, all oil and oil rights, oil shale, gas and gas rights and minerals and mineral rights associated with the Real Estate; (ii) exclusive rights to the existing 8-inch gas pipeline, the existing 6-inch insulated product pipeline and the 4-inch sour water pipeline and non-exclusive rights to the existing 8- inch water pipeline and the existing 6-inch reuse water pipeline located described in the "Unocal Pipeline Corridor," as described in Grant of Easement and Agreement Creating Restrictive Covenant recorded in the real estate records of Garfield County, Colorado in Book 633 it Page 489, and in Book 748 at Page 888 as amended by those documents recorded in Book 748 at Page 863; in Book 1048 at Page 136; (iii) an easement over the Real Estate described on Schedule ID attached hereto and incorporated herein by this reference for the installation, connection, operation, maintenance and repair and replacement of transmission and distribution lines and facilities for oil shale and oil shale related materials on the condition that (A) no such line or facility shall be installed in a location that will have a material adverse impact on any then- . existing improvement on fue"Keai Estate, and(H) Grantor shall use all reasonable efforts to prevent its use and enjoyment of such easement from interfering with Grantee's use and operation of the Real Estate; (iv) an easement over the Real Estate described on Schedule III attached hereto and incorporated herein by this reference for the installation, connection, operation, JCFKK..42$42-9 A-1 -(!) 3 "'' () (.: -:2,()\ - -' ,_p,q_qo I llllll lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P Bll29 P51 M ALSOORF 2 of 60 R 301.~0 D 499.90 GARFIELD COUNTY CO maintenance, repair and replacement of lines, facilities and systems for transmission and distribution of utilities to serve other property owned by Gran tor on the condition that (A) no such line or facility shall be installed in a location that will have a material adverse impact on any then-existing improvement on the Real Estate, and (B) Granter shall use all reasonable efforts to prevent its use and enjoyment of such easement from interfering with Grantee's use and operation of the Real Estate; (v) the right, at Grantor's expense, to tie any new electrical service lines into any electrical lines or substation now or hereafter constructed upon the Real Estate, provided, however, Grantor shall have no obligation to reimburse Grantee for any amounts expended by Grantee on electrical lines or substations; (vi) an easement for access to that portion of the Real Estate described on Exhibit IV attached hereto and incorporated herein for the limited purposes and period of time necessary for Grantor to perform such monitoring and remediation as is necessary to obtain a closure approval or other written determination that'no further action is necessary ("Closure Letter") issued by the Colorado Department of Public Health and Environment with respect to a plume of diesel range constituents in groundwater as depicted in Figure 3.2 "Suspected Groundwater Contaminant Distribution -Former Active and Inactive Basin Area" contained in the "Draft C ·rrective Action Plan, Parachute Creek Oil Shale Facility" prepared by Harding Lawson Associat~s dated December 22, 1998, which easement shall terminate at such time as Grantor delivers to Grantee the Closure Letter; (vii) the right to compel Grantee to grant and convey to Barrett Resources Corporation such licenses and easements as may be required pursuant to the terms and conditions of the oil and gas leases and letter agreement between Grantor and Barrett Resources Corporation dated October 16, 1986, November 27, 1989, February 1, 1990 and November 30, 1995; (viii) an easement over, across, through and under the Real Est1te to access, maintain and repair any and all irrigation ditches and structures located on the Real Estate that serve other real property owned by Grantor; (ix) a proportionate interest in the Parachute Ditch, the headgate to the Parachute Ditch, the headgate and related facilities in the proportion that the amount of Grantor's water rights bear to the total amount of water rights adjudicated for diversion in the Parachute Ditch; (x) an easement over the real property described on Schedule V attached hereto and incorporated herein by this reference for the installation, operation, maintenance, repair and replacement of railroad tracks and related facilities; (xi) an easement over the Real Estate for the operation, maintenance, repair and replacement of monitoring wells numbered IAB-1, !AB-2, IAB-3, IAB-4, IAB-5, IAB-6, and IAB~7. MW-!, MW-2, MW-3, MW-4, OWSL-1, OWSL-2, OWSL-3, UE-1, UE-2, UE-3, UE-4, UE-5, UE-6, UE-7, UE-10, UE-17, UE-18, UE-19, UE-20, UE-21 and UE-22; and (xii)(vi) an easement for access to that portion of the Real Estate described on Exhibit VII attached hereto and incorporated herein for the operation, maintenance, repair and replacement of an existing 8 inch natural gas pipeline. JCFKK-425-42·9 A-1 -(2) 111111111111111111111111111111111111111111 1111111111111 545331 05/12/1999 12:03P 61129 P52 M RLSDORF 3 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO Executed this !0th day of May, 1999 to be effective as of May 11, 1999. UNION OIL COl'v!PANY OF CALIFORNIA, a California corporation By:~ --J/. {j/~ Name: L.N. Weiss Title: General Manager, Asset Management Group Accepted this 1 lth day of May, 1999. J(FKK-12'41·7 "' ·.•-· AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By: Name: Irvin Nielsen Title: President A-1 -(3) STATE OF COLORADO ) 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 61129 P53 M ALSOORF 4 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO ) SS. COUNTY OF GARFIELD ) A-1 -(4) 111111111111111111111111111111111111111 /II lllll llll llll 545331 05/12/1999 12:03P 81129 P54 M ALSDORF 5 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO STATE OF CALIFORNIA COUNTY OF ORANGE ) ) SS. ) )N MAY 10 1999 BEFORE ME, JANICE A AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~~d.a~ NOrARv'S SIGNATURE lit~:;: j;NicE ;. Auoiss C CC: \ COMM. #1135545 I Q. : ~~ , •• NOTARY PUBLIC• CALIFORNIA ~ J: ~ P! ORAN~E COUNTY ~ ) " ....... ~t/ Comm. Expires Apr. 26. 2001 ( ;:;:::;:y:;:99;;;:0:;+ ~~~~~~~~~~~~~~-OPTIONAL~~~~~~~~~~~~~~~ Though the information below is not required by law, it may prove valuable to persons relying on the document and cculd prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT:· TITLE OR TYPE OF DOCUMENT: Warranty Deed NUMBER OF PAGES: DATE OF DOCUMENT: May 10. 1999 CAPACITY OF SIGNERS: General Manager. Asset Management Group. and Assistant Secretarv .GNERS REPRESENT: Union Oil Comoany of California SIGNER(S) OTHER THAN NAMED ABOVE: ·-·· I llllll lllll 1111111111111111111111111111111111111111111 S4S331 0S/12/1999 12:03P 81129 PSS M RLSDORF 6 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE I (Attached to and forming a part of the Special Warranty Deed dated as of May ! I, 1999 between Union Oil Company of California and American Soda, L.L.P.) Schedules I-A through I-R list the 18 parcels by individual legal description A-1-(6) I llllll lllll llllll llllll llll lllll llllll Ill lllll llll llll 545331 05/12/1999 12:03P 81129 PSS M ALSDORF 7 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #76638 A tract oflanc;I situate in the SW Y. SW V., Sec. 35, T. 6 S., Rg. 96 W. 6"' P. M .• described as follows: Beginning at the section comer common to Secs. 34 and 35 T. 6 S., R. 96 W. 6"' P. M., and Secs. 2 and 3, Tp. 7 S., R. 96 W. 6"' P. M., thence N. 0° 02' W. 811 feet to the southwesterly rigth of way line of the Parachute Creek County road, thence S. 58° 53' E. 1557 feet along said right of way line, thence S. 89° 44' W. 1333.53 feet to the point of beginning; Lots 3 and 4 and the S Y: NW V. of Sec. 2, Tp. 7 S., Rg. 96 W. 6"' P.M. except that part thereof lying South and West of the center line of Parachute Creek, conveyed to Maude B. Cline by deed recorded in Book 123 at page 186 of the Garfield County records. Excepting and reserving from the above described land that part thereof described as follows: A tract of land in Lot 3, Sec. 2, T. 7 S., R. 96, W. 6"' P .M., described as beginning at a point whence the Sec. Cor. common to Secs. 34 and 35, Tp 6 S., R. 96 W. 6"' P.M. and Secs. 2 and 3, Tp. 7 S., R. 96 W. 6"' P.M., bears S. 89° 44' W. 1393.53 ft., thence N. 89° 44' E. 1273.53 ft., thence S. 4° 46' W. 741 ft., to the northeasterly right of way line of the Parachute Creek County road, thence N. 58° 53' W. 1415 ft., along said right of way line to the point of beginning. SCHEDULE I-A TO SPECIAL WARRANTY DEED 1111111111111111111111111111 11111111111111 1111111111111 545331 05/12/1999 12:03P 81129 P57 M ALSOORF 8 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO #7664 The N Y, SE V. and that part of the S Y, SE V. lying North of the Cowtty road, in Section 34, Township 6 South, Range 96 West of the 6" Principal Meridian, except the West 40 rods thereof (also described as all of lot 7, the East 20.42 acres of lot 8 and those parts oflots 13 and 14, lying East of the West line of the East 20.42 acres of lot 8, extended south, and North of the CoWlty Road in said Section 34). SCHEDULE l-B TO SPECIAL WARRANTY DEED I llllll lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P B1129 PSS M RLSDORF 9 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO #7665 All of the SW Y. NW Y. and that part of lots 3 and 4 of the SEY. NW Y. lying to the south and west of the center line of Parachute Creek, all in Section 2, Township 7 South, Range 96 West of the 6,. Principal Meridian. SCHEDULE l-C TO SPECIAL WARRANTY DEED 111111111111111111111111111111111111111111 llllll Ill llll 545331 05/12/1999 12:03P 81129 P59 M ALSDORF 10 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7668A A tract of land described as follows: Beginning at the SE corner of Section 34, Tp 6 S, R. 96 W. 6'" P.M., thence N. 17 chains and 78 links, thence W. 2° N. 15 chains and 15 links, thence S. 23 chains, thence W. 4° N. 5 chains and 21 links, thence S. 15 chains and 68 links, thence E. 20 chains to the place of beginning. SCHEDULE I-D TO SJ;>ECIAL WARRANTY DEED 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P60 M ALSDORF 11 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #76688 Lot 2 and S Y, NE Y., Section 3, Township 7 South, Range 96 W . . . ·, SCHEDULE I-E TO SPECIAL WARRANTY DEED I llllll lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P 61129 P61 M ALSDORF 12 af 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7669A The Southwest quarter of the Southwest quarter (SW Y. SW Y.) of Section Thirty-five (35) Township Six (6) South, Range Ninety-six (96) W. 6"' P.M. Excepting 12.3 l acres heretofore conveyed out by Document No. 170884. SCHEDULE I-F TO SPECIAL WARRANTY DEED 1111111 lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P62 M ALSOORF 13 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #76698 That part of Lot 3 Section 2 Tp. 7 S., R. 96 W. 6'" P.M. described as follows: to-wit beginning at a point whence the Section comer common to Sections 34 and 35 Tp. 6 S., R. 96 W. 6'" P.M., and Sections 2 and 3, Tp. 7 S., R. 96 W. 6'" P.M., bears S. 89° 44' W. 1393.53 feet; thence N. 89° 44 E. 1273.53 feet; thence S. 4° 46' W. 741 feet to the northeasterly right of way line of the Parachute Creek road, thence N. 58° 53' W. 1415 feet along said right of way line to the point of beginning. SCHEDULE I-G TO SPECIAL WARRANTY DEED 111111111111111111 111111111111111111111111111111111 1111 545331 05/12/1999 12:03P 81129 P63 M ALSDORF 14 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7671 Beginning at the north~st comer of the SE V. SW y, of Sec. 34, T. 6 S., R. 96 W., 6"' P.M. South 88° East 2934 feet; thence South !529 feet; thence North 86° West 324 feet; thence North 279 feet; thence West 2640 feet, thence North 1320 feet to the place of beginning. SCHEDULE 1-H TO SPECIAL W ARRAi"ITY DEED I llllll lllll llllll llllll llll lllll llllll Ill llllll Ill llll 545331 05/12/1999 12:03P 81129 P64 M ALSOORF 15 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO 1176708 Lot 2 and S Yz NE Y. Section 2, Township 7 South, Range 96 West of the 6"' P. M. SCHEDULE I-I TO SPECIAL W_ARRANTY DEED . . 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P65 M RLSDORF 16 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7680 The East 10 acres of the W Yz NW Y. SE Y. and that part of the East 20 rods of the WY, $WY. SE Y. lying North of the County Road, all in Section 34, Tp. 6S., R. 96 W. of the 6th P.M. SCHEDULE 1-J TO SPECIAL WARRANTY DEED I llllll lllll llllll llllll llll lllll llllll Ill llllll Ill llll 545331 05/12/1999 12:03P 81129 P66 M RLSDORF 17 of 60 R 301.00 D 499.90 GRRFIELD COUNTY CO #768! WY, E Y, NE Y. SW Y. and that part ofW Yz E Y, SE Y. SW V. lying north of the County Road as now constructed and in place, all in Section 34, Township 6 South, Range 96 West of the 6"' P.M. SCHEDULE I-K TO SPECIAL WARRANTY DEED 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P67 M RLSDORF 18 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7683 The West IO acres of the NW V. SE V. and that part of the West 20 rods of the SW V. SE V. Iying North of the County Road and the East IO acres of the NE V. SW V. and.that part of the East 10 acres of the SE V. SW V. Iying North of the County Road, all in Sec. 34, Tp. 6 S., R. 96 W. of the 6'" P.M. SCHEDULE 1-L TO.SPECIAL WARRANTY DEED 111111111111111111 1111111111 111111111111111111111111111 545331 05/12/1999 12:03P B1129 P68 M A~SDORF 19 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7663A A tract ofland described as beginning at a point on the east and west line between the NE Y. SE Y. and SE Y. SE y, Section 2, T. 7 S., R. 96 W., 6"' P.M., 1148 feet west of the NE comer of said SEY. SEY., thence West 172 feet, thence South 479 feet, thence East 784 feet, thence N. 33° W. 373 feet, thence N. 14° 30' W. 89 feet to the center of Parachute Creek and thence up along the center of said Parachute Creek to the point of beginning. SCHEDULE 1-M TO SPECIAL WARRANTY DEED 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 61129 P69 M ALSDORF 20 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #76758 The SE Y. NW Y., the NE Y. SW\!, and that part of the SE Y. SW Y. lying North of the County Road as now constructed, all in Section 34, Township 6 South, Range 96 West of the 6'~· P. M. SCHEDULE I-N TO SPECIAL WARRANTY DEED '---· 1111111111111111111111111111 111111111111111111111 111111 545331 05/12/1999 12:03P 81129 P70 M ALSDORF 21 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7696 A parcel of land situate in the NE Y. SE Y. Section 2, Township 7 South, Range 96 West of the 6'' Principal Meridian, and more particularly described as follows: Beginning at the comer common to Sections I, 2, 11 and 12 of said Township and Range, whence the witness comer (an iron post with brass cap) of bears N. 88° 21' 31" W. 220.00 feet; thence along the line between Sections 1 and 2 of said Township and Range N. 06° 29'20" E. 1726. 79 feet to a point that intersects the southwesterly right-of-way of a railroad alignment, the true point of beginning: with all bearings contained herein being Colorado Grid Bearings (Central Zone). True bearings are obtained. by rotating all bearings herein counterclockwise 01° 37' 28"; thence the following courses along said southwesterly right-of-way N. 51° 43' 07" W. 1029.95 feet; thence along the arc of a spiral curve to the right, the chord of which is N. 51° 18' 57'' W. 81.05 feet; thence 299. 84 feet along the arc of a 1960.08 foot radius circular curve to the right which arc subtends a chord ofN 46° 08' 11" W. 299.55 feet to a point on the North line of said NE V. SE V.; thence along said North line N. 87° 56' 28" E. 261.36 feet to a point that intersects the southwesterly right-of-way of County Road No. 215; thence along the southwesterly right-of- way of County Road No. 215 S. 35° 30' 00" E.182.05 feet; thence along the arc of a spiral curve to the right, the chord of which is S. 34° 11' 00" E. 159.47 feet to a point that intersects the northeasterly right-of-way of said railroad alignment; thence along said northeasterly railroad right-of-way S. 51° 43' 07" E. 821.07 feet to a point that intersects said East line of the NEY. SEY., thence along said East line S. 06° 29' 20" W. 117.65 feet to the True Point of Beginning. SCHEDULE I-0 TO SPECIAL W A.RRA.i'fTY DEED I llllll lllll llllll llllll 1111111111111111111111111111111 345331 03/12/1999 12:03P B1129 P71 M ALSDORF 22 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7730 A parcel of land situated in the SE Y. SE Y. of Section 2 and the SW y, SW Y. of Section I, Township 7 South, Range 96 West of the Sixth Principal Meridian, Cotmty of Garfield, State of Colorado, being more particularly described as follows: Commencing at the Southeast Comer of Section 2, a rebar found in place (whence an iron pipe and brass cap marked Witness Comer bears N.38°19'59'W. 220.05 feet); thence N. 06°29'20"E. along the easterly line of said SEY. SEY. 840.91 feet to the point of intersection of said easterly line and a fence line on the southerly side of a lane, the True Point of Beginning; thence leaving said easterly line N.88°38'40'W. along said fence line 3.17 feet; thence along said fence S.89°38'40'W. 531.32 feet a point on the easterly line extended of Reception No. 209649 as filed in the Garfield Collllty Clerk and Recorder's office; thence N.33°00'00'W. along said easterly line and easterly line extended 390.90 feet; thence along the easterly line of said Reception N.14°30'00'W. 102.53 feet to the centerline of Parachute Creek; thence said centerline N.66°06'49'W. 143.85 feet; thence along said centerline S.76°26'48'W. 185.52 feet; thence along said centerline N. 72°58 '27'W. 109.46 feet; thence along said centerline N.38°14' 14'W. 20.95 feet to a point on the northerly line of said SE Y. SE Y. of Section 2; thence N.89°49'26"E. along said northerly line 1112.43 feet to a point on said northerly line at its intersection with the westerly line of the old right-of-way for CoW!ty Road #215; thence along the westerly line of said old right-of-way S.01°59'45'W. 43.55 feet; thence along the arc of a curve to the left: having a radius of 431.89 feet and a central angle of26°35'58", a distance of200.50 feet (chord bears S.11°18' I 9"E. 198. 71 feet); thence along said westerly line S. 24°36' 18"E. 150.55 feet; thence along said westerly line along the arc ofa curve to the left:, having a radius of753.60 feet and a central angle of08°49'34", a distance of 116.09 feet (chord bears S. 29°01'05"E.115.98 feet); thence leaving said westerly line N.89°28'09'W. along a fence line extended on the northerly side of a lane 52.73 feet to a point on the westerly line of the new I 00.00 foot right-of-way for County Road #215; thence along said westerly line along the arc of a curve to the left, having a radius of 1195.92 feet and a central angle of00°5TJ2" a dlltance of20.0I feet (chord bears S.36°19'25"E. 20.0 I feet) to the intersection of said westerly line and a fence line extended on ·the southerly side ofa lane; thence N.88°38'40"\V. along said fence line and the fence line extended 25.38 feet to the True Point of Beginning. Bearirigs contained herein are 01°37'28" West of true North. EXCEPTING THEREFROM THE F.OLLOWING DESCRIBED PARC EL: A parcel of land situated in the SEY. SEY. of Section 2 and the SW Y. SW Y. Of Section I, Township 7 South, Range 96 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel lying entirely within the new 100.00 foot right-of-way for County Road No. 215, and being more particularly described as follows: Commencing at the Southeast Comer of said Section 2, a rebar found in place (Whence an iron db ' 4 "~ '.T 88°1~ -"-...,.--·-r::=t an rasS""" ....... r ~~ ..... ..t .... u ,,h.u~:>s ........... u .... 1 u1;:ars l'I. 'JI' .J:t. fY. L.L.V.VJ J.eetJ, u1~11ce N.07°16'07"E. 857.94 feet to a point on the westerly line of said new 100.00 foot right-of-way for CoW1ty Road No. 215, the True Point of Beginning; thence along said westerly line along the arc of a curve to the right, having a radius of 1195. 92 feet and a central angle of 16°25 '31 ", a distance of342.84 feet (chord bears N.27°37'54"W. 341.67 feet); thence along said westerly line along the arc of.a spiral curve to the right, the chord of which bears N.14°3 l '33'W. 178.90 feet SCHEDULE I-P TO SPECIAL \.V ARRANTY DEED I llllll lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P 61129 P72 M RLSOORF 23 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO to a point on the northerly line of said SEY. SEY.; thence leaving said westerly line N.89°49'26"E. along said northerly line 99.68 feet to a point on the westerly line of the old 60.00 foot right-of-way for said County Road; thence along said old westerly line S.01°59'45'W. 43.55 feet; thence along said old westerly line along the arc ofa curve to the left, having a radius of 431.89 feet and a central angle of26°35'58'·, a distance of200.50 feet (chord bears S. I 1°18' 19"E. 198.71 feet); thence along said old westerly line S. 24°36' 18"E. 150.55 feet; thence along said old westerly line along the arc ofa curve to the left, having a radius of753.60 feet and a central angle of08°49'34", a distance of I 16.09 feet (chord bears S.29°01 '05"E. 115 .98 feet); thence leaving said old westerly line N.89°28'09'W. along a fence line extended on the northerly side ofa lane 52.73 feet to the True Point of Beginning; Bearings contained herein are 0 I 0 37'28" West of true North. 111111111111111111 1111111111 11111111111111 1111111111111 545331 05/12/1999 12:03P 81129 P73 M ALSDORF 24 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #7732A Township 7 South. Range 96 West. 6"' P. M. Section 2: N Y, SE Y. and the N Y, SW Y. EXCEPT: All that portion of the N Y, S Vi of Section 2 described as beginning at a point on the West line of said Section 2 whence the West Y. comer of said Section 2 bears North 690 feet; Thence South 570 feet; thence North 85° 52' East 2273.5 feet; thence North 87° 06' East 1273.25 feet; thence North 00° 43' East 320 feet to the center of Parachute Creek thence up the center of said creek North 41° 15' West 109 feet; thence South 14° 08' West 190.6 feet; thence South 54° 14' West 124.4 feet; thence South 81° 09' West 135.6 feet; thence North 61° 39' West 156.3 feet; thence South 79° 51' West 97 feet; thence North 57° 49' ·West 233 feet; thence North 17° 36' West 134.5 feet; thence North 53° 16' West 124.4 feet; thence North 78° 41' West 87.4 feet; thence South 85° 51' West 2540 feet to the place of beginning. FURTHER EXCEPTING: A strip ofland to be used for roadway purposes situate in the NE Y. SE y, of Section 2, Township 7 South, Range 96 West of the 6'' Principal Meridian, being 150.00 feet in width. The above right-of-way is more particularly described as follows: BegiJ:ming at the comer common to Sections 1, 2, 11 and 12 of said Township and Range; thence N. 05° 11' 20" 1332.05 feet to the intersecting point with said right-of-way and the South line of said NEY. SEY. of Section 2, the True Point of Beginning, with all bearings contained herein being Colorado Grid Bearings (Central Zone). True Bearings are obtained by rotating all bearings herein counter-clockwise 01° 3 7' 28", thence along the arc ofa spiral curve to the right, the chord of which is N. 14° 32" 13" \V. 122.32 feet thence N. 12° 00'00" W. 350.21 feet; thence along the arc ofa spiral curve to the left, the chord of which is N. 13° 18' 51" W. 194.72 feet; thence 367.21 feet along the arc ofa 1357.39 foot radius circular curve to the left, which arc subtends a chord bearing of N. 23° 45' 00" W. 366.09 feet; thence along the arc ofa spiral curve to the left, the chord of which is N. 34° I I' 00" W. 194.74 feet; thence N. 35° 30' 00" W. 182.05 feet to the intersection point of the North line of said NE V. SE V. Section 2; thence along said North line N. 87° 56' 28" E. 179. 76 feet; thence S. 35° 30' 00" E. 82.98 feet; thence along the arc ofa spiral curve to the right, the chord of which is 34° 09' 00" E. 205.20 feet; thence 407.79 feet along the arc ofa 1507.39 foot radius circular curve to the right which arc subtends a chord bearing of S. 23° 45' 00" E. 406.55 feet; thence along the arc of a spiral curve to the right, the chord of which is S. 13° 20' 57'' E. 205.20 feet; thenc:' S. 12° 00' 00" E. 350.21 feet; thence along the arc of a spiral curve to the left, the chord vfn·hich is S. 14° 27' 32" E. 153.95 feet-tvapvintun~rrid SVnu~ 1il1t:: vft.he NE ~-SE ;,4 of Section 2; thence along said South line S. 89° 48' 3 i" W. 154.46 feet to the True Point of Beginning. · SCHEDULE l-Q TO SPECIAL WARRANTY DEED ALSO EXCEPTfNG 1111111111111111111111111111111111111111111111111111111 545331 0~/12/1999 12:03P 81129 P74 M ALSDORF 25 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO A parcel of land situate in the NEV. SE V. Section 2, Township 7 South, Range 96 West of the 6'' Principal Meridian, and more particularly described as follows: Beginning at the comer common to Sections I, 2, 11 and 12 of said Township and Range, whence the witness comer (an iron post with brass cap) of bears N. 88° 21' 31" W. 220.00 feet; thence along the line between Sections I and 2 of said Township and Range N. 06° 29'20" E. I 726. 79 feet to a point that intersects the southwesterly right-of-way of a railroad alignment, the true point of beginning: with all bearings contained herein being Colorado Grid Bearings (Central Zone). True bearings are obtained by rotating all bearings herein counterclockwise 01° 37' 28"; thence the foltowing courses along said southwesterly right-of-way N. 51° 43' 07" W. 1029.95 feet; thence along the arc of a spiral curve to the right, the chord of which is N. 51° 18' 57" W. 81.05 feet; thence 299 .84 feet along the arc of a 1960.08 foot radius circular curve to the right which arc subtends a chord ofN 46° 08' I I" W. 299.55 feet to a point on the North line of said NE V. SE V.; thence along said North line N. 87° 56' 28" E. 261.36 feet to a point that intersects the southwesterly right-of-way of County Road No. 215; thence along the southwesterly right-of-way of County Road No. 215 S. 35° 30' 00" E. I 82.05 feet; thence along the arc of a spiral curve to the right, the chord of which is S. 34° I I' 00" E. 159.47 feet to a point that intersects .the northeasterly right-of-way of said railroad alignment; thence along said northeasterly railroad right-of-way S. 51° 43' 07" E. 821.07 feet to a point that intersects said East line of the NE V. SE V., thence along said East line S. 06° 29' 20" W. 117.65 feet to the True Point of Beginning. I llllll lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P75 M ALSDORF 26 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO #77328 _ Township 7 South. Range 96 West. 6 .. P. M .. Section 2: S Yz SW Y. and the SW Y. SE Y. Also: that portion of the SE Y. SE Y. described as corrunencing at a point on the South line of said SE Y. SE Y. whence the SE comer of said Section 2 bears East 178 feet; thence West along the South line of said SE Y. SE Y. 1142 feet; thence North along the West line of said SEY. SEY. 820 feet; thence East 600 feet; thence South 35° 30' East 520 feet; thence South 31° 15' East 465 feet to the point of beginning. Also: that portion of the N Vz S Vz of Section 2 described as beginning at a point on the West line of said Section 2 whence the West Y. comer of said Section 2 bears North 690 feet; Thence South 570 feet; thence North 85° 52' East 2273.5 feet; thence North 87° 06' East 1273.25 feet; thence North 00° 43' East 320 feet to the center of Parachute Creek . thence up the center of said creek North 41° 15' West 109 feet; thence South 14° 08' West 190.6 feet; thence South 54° 14' West 124.4 feet; thence South 81° 09' West 135.6 feet; thence North 61° 39' West 156.3 feet; thence South 79° 51' West 97 feet; thence North 57° 49' West 233 feet; thence North 17° 36' West 134.5 feet; thence North 53° 16' West 124.4 feet; thence North 78° 41' West 87.4 feet; thence South 85° 51' West 2540 feet to the place of beginning. SCHEDULE I-R TO SPECIAL WARRANTY DEED 111111111111111111111111111111111111111111111111111 Ill/ 545331 05/12/1999 12:03P 81129 P76 M ALSOORF 27 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE II (Attached to and forming a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Permitted Exceptions I. The standard preprinted exceptions set forth in the Commitments; 2. All matters which would be disclosed by a survey of the Real Estate prepared as of the date hereof, whether or not Buyer has obtained such a survey; 3. The trespass of a pipeline owned by Colorado Interstate Gas Company onto various portions of the Real Estate and the Pipeline Subeasement with respect to which Seller will participate with Buyer in a procedure Seller and other service corrdior owners are formalizing with Colorado Interstate Gas to allow when to address that trespass; 4. All licenses and easements that Seller is required to grant or convey pursuant to the terms of the oil and gas leases and letter agreement, dated October 16, 1986, November 27, 1989, February 1, 1990, and November 30, 1995, between Seller and Barrett Resources Corporation or which may be needed for access by Barrett Resources Corporation to any other wells operated by Barrett Resources Corporation. A-1-(7) C 0 M M I T M E 8 T SCHEDULE B Section 2 EXCEPTIONS Order No. 500307 -C2 The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. ~-Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 13, 1896, in Book 12 at Page 393, April 25, 1896, in Book 12 at Page 419, August 22, 1899, in Book 12 at Page 525, December 23, 1899, in Book 12 at Page 531, September 15, 1905, in Book 56 at Page 527, June 12, 1913, in Book 71 at Page 593, October 26, 1976, in Book 489 at Page 634, October 26, 1976, in Book 489 at Page 635. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 13, 1996, in Book 12 at 393, April 25, 1896, in Book 12 at Page 419, August 22, 1899, in Book 12 at Page 525, December 23, 1899, in Book 12 at Page 531, September 15, 1905, in Book 56 at Page 527, June 12, 1913, in Book 71 at Page 593, April 15, 1914, in Book 92 at Page 330, October 26, 1976, in Book 489 at Page 634, October 26, 1976, in Book 489 at Page 635. 9. 'Right of way for canal purposes as granted by Philip Dere to Sadie D. Streit by :·Deed recorded June 11, 18 95, in Book 32 at Page 172. (Cont;;"""°) r 'T AMERICAN TITLE INSURANCE COMPANY I llllll lllll llllll llllll 1111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P77 M ALSDORF 28 of 60 R 301.00 D 499,90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. SOOJ07 -C2 Right of way for lateral ditch purposes as granted by William H. Cornell to John F. Morgan by instrument recorded March 8, 189S, in Book JS at Page 367. 11. Right of way for ditch purposes as granted by John F. Morgan to William R. Willcox by Deed recorded April 10, 1902, in Book SS at Page 374. 12. An undivided one-half (1/2) interest in all minerals and oils as reserved by Emily Davenport in the Deed to William Henry Davis and Angie M. Radford recorded March 12, 1904, in Book 61 at Page 438, and any and all assignments thereof or iterests therein. 13. An undivided one-half (1/21· ·~est in all minerals and oils as reserved by Angie M. Radford in the Deed to William Henry Davis recorded December 13, 1904, in Book 64 at Page 55. 14. Right of way for ditch purposes as granted by Chrles M. White to Abraham L. Crawford by Deed recorded December 17, 1908, in Book 75 at Page 411. 15. Right of way for the Daisy Ditch as reserved by Frank Worthen Popple in the Deed to L.L. Crawford recorded April 10, 1912, in Book 88 at Page 205. 16. Right of way for the Willcox Canal as granted by The Willcox Canal Company to The Grand Valley Irrigation District by Deed recorded July 24, 1912, in Book 80 at Page 565. -7 Right of way for road and ditch purposes reserved by Frank Worthen Popple in the Deed to Harry G. Koch recorded May 8, 1913, in Book 88 at Pa.ge 620. 18. Right of way of the Grand Valley Irrigation District as excepted in the Deed to Benjamin R. Kobey recorded June 14, 1913, in Book 93 at Page 17. 19. Right of way for ditch pui:poses and road purposes as granted by Maud A. Cline f/k/a Maud A. Bailey to H.R. Kobey by Deed recorded June 24, 1913, in Book 93 at .Page 30. 20. Right of way for ditch purposes as granted by Frank Worthen Popple to The Trader's Land and Loan Company by Deed recorded July 31, 1914, in Book 93 at Page 396. 21. An undivided one-half (1/2) interest in all oil, gas and other mineral rights, as reserved by The Federal Land Bank of Wichita in the Deed to M.E. Letson recorded April 4, 1941, in Book 201 at Page 130, and any and all assignments thereof or interests therein. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY I 11iiii iilli lillll 111111 ilil lllll lfflll Jlllllllll llllll 545331 05/12/1999 12:03P 81129 P78 M ALSDORF · 29 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. 500307 -C2 Easement and right of way to construct, maintain and use one frog to the railroad spur to be constructed, as reserved by Alber Family Co., a general partnership in the Deed to Union Oil Company of California, recorded January 29, 1982, in Book 591 at Page 841. 32. Easement and right of way to construct, operate and miantain utility lines and all fixtures and devices, as granted by Union Oil Company of California to Public Service Company of Colorado by instrument recorded March 22, 1982, in Book 595 at Page 231. 33. Terms, agreements, prov1s1ons, conditions and obligations as contained in Memorandum of Agreement between Atlantic Richfiled Company, a California corporation, Chevron Shale Oil Company, a California corporation, Eaton Shale Company, a Colorado corporation, Exxon Corporation, a New Jersey corporation, Mobil Oil Corporation, a New York corporation, The Oil Shale Corporation, a Delaware corporation, Exxon Company, U.S.A. and Union Oil Company of California, a California corporation recorded August 22, 1983, in Book 633 at Pages 461 through 484, inclusive, and the Assignment and Assumption Agreement attached thereto in Book 633 at Pages 485 through 488, inclusive, and the Grant of Basement and Agreement Creating Restrictive Covenant attached thereto as Exhibit l in Book 633 at Pages 489 through 518, inclusive, the Grant of Easement and Agreement Creating Restrictive covenant attached thereto as Exhibit 2 in Book 633 at Pages 519 through 546, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 3 in Book 633 at Pages 5.47 through 582, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 4 in Book 633 at Pages 583 through 612, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 5 in Book 633 at Pages 613 through 645, inclusi,ve, as amended by instruments recorded February 10, 1989, in Book 748 at Page 863, October 10, 1996, in Book 995 at Pages 740, 749, 757, 765 and 773 and January 5, 1998, in Book 1049 at Page 130. 34. Resolution No. 84-67 by the Board of County Commissioners for Garfield County recorded April 10, 1984, in Book 647 at Page 614. 35. Resolution No. 84-193 by the Board of County Commissioners for Garfield County recorded August 28, 1984, in Book 655 at Page 388. 36. Resolution No. 84-208 by the Board of County Commissioners for Garfield County recorded October 1, 1984, in Book 657 at Page 610. 37. Resolution No. 84-224 by the Board of County Commissioners for Garfield County recorded October 1.7, 1984, in Book 658 at Page 680. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY j 11111( HllLDl//1 '"1111111 •m1 111111 111 1111 111•1 •111 inui •1111 111111111 1111 •rn• llllll Ill Hll 111111 545331 05/12/1999 12:03P 81129 P79 M ALSDORF 30 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. 500307 An undivided one-half (1/21 interest in all oil, gas and other mineral rights, as reserved by James L. McBroom in the Deed to Charles E. Ogden recorded June 7, 194&, in Book 236 at Page 158, and any and all assignments thereof or interests therein. 23. An undivided one-half (l/2) interest in all oil, petroleum and other mineral rights, as reserved by LeMont Robertson and Florence M. Robertson in the Deed to Theodore R. McQuiston and Nita C. McQuiston recorded January 21, 1952, in Book 262 at Page 571, and any and all assignments thereof or interests therein. 24. Easement and right of way for electric transmission lines purposes, as granted by Carl H. Alber and Edna Alber to Public Service co. of Colorado by instrument recorded September 2, 1955, in Book 287 at Page 199. 25. An undivided one-fourth (l/4) interest in all oil, gas and other mineral rights, as reserved by Charles E. Ogden a/k/a Charles Ogden in the Deed to L.L. Tuck recorded August 20, 1956, in Book 294 at Page 590, and any and all assignments thereof or interests therein. 26. An undivided one-half (l/2) interest in all oil, gas and other mineral rights, as reserved by Reuben W. Nelson and Leila M. Nelson in the Deed to L.L. Tuck recorded August 27, 1956, in Book 295 at Page 40, and any and all assignments thereof or interests therein. 27. An undivided one-forth (l/4) interest in all oil, gas and other mineral rights, as reserved by Minnie Viola Walters in the Deed to L.L. Tuck recorded January 15, 1959, in Book 314 at Page 402, and any and all assignments thereof or interests therein. 28. An undivided one-fourth (l/4) interest in all oil, gas and other mineral rights, as reserved by Emma Stanton in the Deed to L.L. Tuck recorded March 7, 1959, in Book 315 at Page 521, and any and all assignments thereof or interests therein. 29. An undivided one-half (l/2) interest ~n all oil, gas and other mineral rights, as reserved by Dorothy Payton, Dale Payton, Lily Womak, Norman Payton, Wayne Payton and Warren Payton in the Deed to Dorothy Payton recorded June 18, 1973, in Book 446 at Page 48, and any and all assignments thereof or interests therein. 30. Those terms, agreements, provisions, conditions and obligations which are a burden to subject property as.contained in Rail Spur Easement recorded September 14, 1981, in Book 581 at Page 210. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY I llllll lllll 1111111111111111111111111111111111111111111 'i 4 =~~1 05/12f'~""'l !2:03P 8112,. . _:JflliLSDORl' 31 of 60 R 30i.00 D 499.90 GARFIELD COUNTY CO 39. EXCEPTIONS (continued) Order No. 500307 -C2 Resolution No. 85-01 by the Board of County Commissioners for Garfield County recorded January 7, 1985, in Book 662 at Page 466. Resolution No. 85-76 by the Board of County Commissioners for Garfield County recoreded May 15, 1985, in Book 668 at Page 516. Lease bt ... NCCII f:T11io11 Oil eem~aA~ ef Gali£8i"Ria, a 6alifSEAia 98Ff18rat::i8R1 Lessor(s), and Parachute Clean Fuels, L.P., a Colorado limited partnership, Lessee{s), as evidenced by Memorandum of Lease recorded June 12, 1992, in 833 at Page 946. Service Corridor Agreement between Union Oil Company of corporation and Parachute Clean Fuels, L.P., a Colorado recorded June 12, 1992, in Book 833 at Page 953. a California Electrical Line and Facilities Agreement betwe Union Oil Company of California, a California corporation and Parachute Cle Fuels, L.P., a Colorado limited partnership recorded June 12, 1992,· in ok 833 at Page 967. Water Agreement between Union and Parachute Clean Fuels, 1992, in Book 833 at P 978. Company of California, a California corporation a Colorado limited partnership recorded June 12, between Union Oil Company of California, a Cali.fornia nd Parachut~ Clean Fuels, L.P., a Colorado limited partnership 12, 1992, in Book 833 at Page 988. Monitoring Station Agreement between Union Oil company of a California corporation and Parachute Clean Fuels, L.P., a Colorado 46. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Colorado Interstate Gas Company, a Delaware corporation by instrument recorded August 19, 1996, in Book 989 at Page 294. \ 47. Lease and Option Agreement between Union Oil Company of California, a California corporation, Lessor, and Colorado Interstate Gas Company, a Delaware corporation, Lessee, recorded September 6, 1996, in Book 991 at Page 116, as amended by instrument recorded May 19, 1997, in Book 1018 at Page 988 and Partial Assignment of Lease and Lease Amendment recorded June 22, 1998, in Book 1073 at Page 908 and October 22, 1998, in Book 1094 at Page 123. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY _1 l"'ll lllll H111111111111u 11111 11111u111111UJJLJJ•1 I lriu lili1111 ..... ,.•••iii iiii 11111 •11lil Ill r •• ,, llli 545331 05/12/1999 12:03P 81129 P81 M ALSDORF 32 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. SOOJ07 -C2 License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 752. 49. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 769. 50. License for ingress and egress purposes, as granted by union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 786. Sl. License for ingress and egress purposes, as granted by Union Oil Company·of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 803. S2. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Company, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 ·at Page 849. -~. Pipeline Easement and Usage Right Agreement between Union Oil Company of California, a California corporation, Rulison Gas Company, L.L.C., a Colorado limited liability company and Wildhorse Energy Partners, L.L.C., a Delaware limited liability company recorded May 5, 1997, in Book 1017 at Page 653 a'nd re-recorded February 2, 1998, in Book 1052 at Page 821. S4. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Rulison Gas Company L.L.C., a Colorado limited liability company and Wildhorse Energy Partners, L.L.C., a Delaware limited liability company by instrument recorded June 20, 1997, in Book 1023 at Page 701. SS. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 499. (Con!'inued) FIRST AMERICAN TITLE INSURANCE COMPANY 111111111111111111 111111111111111 111111111 1111111'1'1'1' 1'1'1'1' 111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 PB2 M ALSDORF 33 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO 57. 58. 59. 60. 62. 63. EXCEPTIONS (continued) Order No. 500307 -C2 Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 553. Easement and right of way for natural gas pipelines purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 563. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 584. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 595. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded Oc:ober 9, 1997, in Book 1037 at Page 609. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 622. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 715. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, ·a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 724. · · (Continued) FTRST AMERICAN TITLE INSURANCE CCMPANY 111111111111111111111111111111111111111111111111111 1111 111111111111111111 111111 111111111 111111 I 1111111 1111 545331 05/12/1999 12:03P 81129 P83 M ALSOORF 34 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. 500307 -C2 License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 830. 65. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 845. 66. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett -Re.source Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 860. ->- 67. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource '- Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 878. 68. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 893. '9. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 908. 70. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Re.source Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 924. 71. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 17, 1997, in Book 1042 at Page 601. (Continued) I IHlll Hiii iillll iiilll iill illli iliHI iii iiiii 1111 liil 545331 05/12/1999 12:03P 81129 P84 M ALSDORF ~~~~!~·~ •a~.,e~ ~~~F!5~~ ~-·-~-.~~~ FIRST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 500307 2. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 873. 73. Easement and right of way for natural gas pipeline purposes, as granted by union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 895. 74. Easement and right of .way for natural gas pipeline purposes, as granted by union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 916. 75. Easement and right of way for natural gas pipeline purposes, as granted by union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 937. 76. Easement and right of way for natural gas pipeline purposes, as granted by union Oil Company of California, a·California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997.·• in Book 1043 at Page 958. ·77. Easement and right of way for natural gas pipeline purposes, as granted by union Oil Company of California, a California corporation to Southeast Piceance Joint Venture by instrument recorded January 5, 1998, in Book 1049 at Page 69. 78. Easement and right of way for natural gas pipeline purposes, as granted by unio Oil Company of California, a California corporation to Rulison Gas Company L.L.C., a Colorado limited liability company and Wildhorse Energy Partners, L.L.C .• a Delaware limited liability company by instrument recorded February 9, 1998, in Book 1052 at Page 847. 79. Easement and right of way for natural gas p'ipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded March 16, 1998, in Book 1057 at Page 794. (Continued) 111111111111111111 Hllll 11!11111111!11! !I! !111111111111 545331 05/12/1999 12:03P 81129 PSS M ALSDORF 36 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO FIRST AMERICAN TITLE INSURANCE COMPANY . _,.-· EXCEPTIONS (continued) Order No. 500307 -C2 Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resoureces Corporation, a Colorado corporation by instrument recorded March 16, 1998, in Book 1057 at Page 807. 81. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company .of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded APril 29, 1998, in Book 1064 at Page 989. '82. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a Californi~ corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded April 29, 1998, in Book 1065 at Page l. 83. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded April 29, 1998, in Book 1065 at Page 14. 84, License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company.of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded June 18, 1998, in Book 1073 at Page 440. ~ License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded June 18, 1998, in Book 1073 at Page 448. 86. Declaration of Pooling and Pooling Agreement ·recorded September 14, 1988, in Book 1088 at Page 403 and January 19, 1999, in Book 1109 at Page 728. 87. License for ingress, egress and well construction and operation purposes, as .granted by union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 5, 1998, in Book 1091 at Page 681. 88. License for ingress, egress and well construction and operation purposes, as granted by union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded January 19, 1999, in Book 1109 at Page 638. (Continued) J 11111111111111m 1111111111-1111111~11-11~~11111111111 545331 05/12/1999 12:03P 81129 PSS M ALSDORF 37 oF 60 R 301.00 D 499.90 GARFIELD COUNTY CO FIRST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 500307 ·C2 License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Sarrett Resources Corporation, a Colorado corporation by instrument recorded January 19, 1999, in Book 1109 at Page 653. 90. License for ingress, egress and well costruction and operation purposes, as granted by Union Oil Company of California, d/b/a UNCOAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded January 19, 1999, in Book 1109 at ?age 663. 91. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barre:t Resource Corporation, a Colorado corporation by instrument recorded February ll, 1999, in Book 1114 at Page 308. -92. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999, in Book 1114 at Page 324. 93. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999,· in Book 1114. at Page 340. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February ll, 199~, in Book 1114 at Page 355. lS. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999, in Book 1114 at Page 370. (Continued) 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P87 M ALSDORF 38 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO , FIRST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 500307 Oil and gas leases recorded ·January 20, 1959, in Book 314 at Page 473, January 20, 1959, in Book 314 at Page 493, October ll, 1962, in Book 344 at Page 499, April 3, 1963, in Book 348 at Page 216, April 3, 1963, in Book 348 at Page 218, January 17, 1964, in Book 355 at Page 316, April 5, 1968, in Book 393 at Page 251, December 6, 1968, in Book 398 at Page 239, as amended by instrument recorded April l, 1969, in Bok 400 at Page 522, February 3, 1969, in Book 399 at Page 236, February 27, 1969, in Book 400 at Page 44, December 20, 1971, in Book 425 at Page 419, September ll, 1972, in Book 435 at Page 198, June 16, 1977, in Book 497 at Page 443, June 16, 1977, in Bok 497 at Page 446, October 25, 1979, in Book 538 at Page 381, February 7, 1980, in Book 543 at Page 400, February 7, 1980, in Book 543 at Page 410, March 4, 1980, in Book 544 at_Page 643, October 13, 1981, in Book 583 at Page 200, October 27, 1986, in BooK 697 at Page 809, December 21, 1989, in Book 769 at Page 484, January 8, 1990, in Book 770 at Page 681, ·March 28, 1990, in Book 775 at Page 402, April 6, 1990, in Book 776 at Page 114, July 26, 1996, in Book 986 at Page 825, and any and all assignments thereof or interests therein. 97. Ditches and ditch rights and the enlargements and extensions thereof, and all laterals, flumes and headgates.used in connection therewith. 111111111111111111111111111111/ll llllll Ill lllll llll llll 545331 05/12/1999 12:03P B1129 Paa M ALSDORF 39 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO FIRST AMERICAN TITLE INSIJRANCE COMPANY C 0 M M I T M E N T SCHEDULE B Section 2 EXCEPTIONS - Order No. S00307b-CJ The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorney fees, by reason of the matters shown below: l. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements. not shown by the public records. 3. Discrepancies, conflicts in.boundary lines, shortage in area, encroachments, and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter · furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created. first appearing in the public records or attaching subsequent to the effective do.',, hereof, but prior to the date the proposed insured acquires of record for valu~ the estate or interest or mortgage thereon covered by this Commitment. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. The Following Exceptions Affect Parcel C-l: 7. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrcm, ~.,,,.,. ').,,,,, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 22, 1892, in Book 12 at Page 199: January 20, 1903, in Book 56 at Page 471; September 15, 1905. in Book 56 at Page 527; October 2, 1909, in Book 73 at Page 24; November 16, 1912, in Book 71 at Page 573; December 26, 1912, in Book 71 at Page 584; November 19, 1914, in Book 71 at Page 636; March ll, 1919, in Book 71 at Page 619; December 18, 1919, in Book 71 at Page 624: December 30, 1924. in Book 112 at Page 423 and October 26, 1976, in Book i89 at Page 636. a. Right of way for ditches or canals. constructed by the authority of the united States, as reserved in United States Patent recorded December 22, 1892, in Book 12 at Page l99;·January 20, 1903, in Book 56 at Page 471; October 2. 1909, in Book 73 at Page 24: November 16, 1912, in Book 71 at Page 573; December 26, 1912. in Book 71 at-Page 584; March ll, 1919, in Book 71 at Page 619; December 18. 1919, in Book 71 at Page 624; October 26, 1976, in Book 489 at Page 636 and December JO, 1924, ...>n-~k 112 at Pag~ 424. (Continued) 1T .AMERICAN TITLE INSORANCE COMPANY 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P89 M ALSDORF 40 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO --.. ~ ...,_ ...... '~ nn "OT CCC: T /tr'l /Ct'J E:XCEPTIONS (continued) Order No. SOOJ07b -CJ Reservacion of all oil, gas, shale or other rock valuable as a source of Petroleum and Nitrogen and the right to prospect, mine and remove such deposits from the same upon compliance with the conditions and subject to provisions and limicacions of the Act of July 17, 1914 (38 Stat. 509) as contained in united States Patent recorded October 14, 1933, in Book 172 at Page 538. 10. Right of way of the Grand Valley Irrigation District as expected in the Deed co Benjamin R~Kobey recorded June 14, 1913, in Book 93 at Page 17. ll. Right of way for County Road as described in Warranty Deed by T.B. Crawford to the County of Garfield recorded September 22, 1902, in Book 55 at Page 496. 12. Right of Privilige to change Irrigation Ditches as described in Warranty Deed from Samuel A. Shank and Minnie M. Shank to George e. Karlee recorded September 16, 1922, in Book 125 at Page 490. 13. Right of way for Irrigation Ditch as described in Public Trustees Deed recorded November 19, 1924, in Book 107 at Page 421. 14. Ditch righc of way recorded in Book 110 at Page 423. 15. Terms and conditions of Agreement recorded March 8, 1921, in Book 130 ~t ~n;~ 296. 16. Agreement between Rea L. Eaton an dUnion Oil Company recorded December l 7·. 1923, in Book 143 ac Page 7. 11. Terms and conditions of Agreement recorded December 31, 1929, in Book lCO at Fag~ 359. 1a. Easement and right of way for road purposes, as granted by Jacqueline Cox and A.E. Wiseman to various parties by instrument recorded January 9, 1930, in Ge.;: 0:: 171 at Page 42. 19. Right of way so feet in width, being a Right of way for che Low Cost Ditch ~s described in Warranty Deed from Jacqueline Cox and A.E. Wiseman to Daniel W. Webster recorded January .9. 1930, in Book 17l ac Page 4.~. · 20. Ditch Right of way as described in Warranty Deed recorged January 11,. 1930, in ·Book 171 ac Page 49. 21. Tighe of way for road as described in warranty Deed between Blanche Sandstrom and Robert Davidson recorded Sepcember 29, 1944, in Book 214 ac Page 279. (Continued) FT'l.ST AMERICAN TITLE It<SURANCE COMPANY --H1•1J111ttr.•!lll IHIU HIJ •m• ll!U..µJlt,llill llll l!'I 111111 Ill llliii· llllil 1111 illll llliil Iii II 111 545331 05/12/1999 12:03P 81129 P90 M ALSDORF 41 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO -.-... .,. I I .... fl"',-, EXCE~TrONS (continued) Order No. 500307b -CJ Right ~f Free ingress and eg~ess ~o main~ain and repair an irriga~ion dicch as described in warranty Ded from Chas w. Wilson to Baryl D. Minor recorded March 10. 1951. in Book 257 at Page 500. 23. An undivided one-half (l/2) interest in all oil, gas and other mineral rights, as reserved by Lemont Robertson and Florence M. Robertson in the Deed to Theodore R. McQuiston and Nita c. McQuiston recorded January 21. 1952, in Book 262 at Page 572, and any and all assignments thereof or interests therein. 24. An undivided one-forth (l/4) interest in all oil, gas and ocher mineral rights, as reserved by Theodore R. McQuiscon and Nita C. McQuiston in the Deed to William P. Morris and Helena K. Morris recorded April 4, 1955, in Book 203 at Page 113, and any and all assignments thereof or interests therein. 25. Rights of way and easements as granted to Public Service Company of Colorado recorded August 23. 1955, in Book 287 at Page 26 through 30, inclusive. 26. Mineral Reservations, Exceptions and Easements as contained in Warranty Deed recorded February ll, 1957, in Book 297 at Page 450. 27. Livestock Driveway Reservation as described in Deed between Rea L. Eaton and the Eaton Shale Company recorded December 31, 1953, in Book 274 ac Pag~ :>2. 28. An undivided one-half (1/2) interest in all oil, gas and ocher mineral rights, as reserved by Robert Davidson in the Deed co L.L.Tuck recorded August 27, 1956, in Book 295 at Page 41, and any and all assignments thereof or interests therein. 2~. Right of way grant to Union Oil Company recorded May 24, 1950. in Book 303 at Page 27. 30. Map of the Dow Pumping Plant and Pipeline recorded August 25, 1955, at Reception Nos. 191064, 191065 and 191066. 31. Map of East Elk Roan Plateau Pipeline recorded at Reception No. 240913. 32. Agreement regarding clarification of mineral rights reserved recorded March 1, 196J, in Book 347 at Page 382. JJ. Right of ingress 'and egress to prospect for mine and remove minerals as described in Warranty Deed recorded March 19, 1963, in aook 347 at Page 561. 34. Right to use Lanes No. 1 and 2 being 20 feet in width for irrigation as described in Deed recorded November 30, 1954, in Book 201 at Page 161. (Continued) FIR.ST AMERICAN TITLE INSURANCE COMPANY I llllll 111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P91 M ALSDORF 42 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO ,-,.-,-"r I I 0 /,-"1 EXCEPTZONS (continued) Order No. 500307b ·CJ Terms, .conditions, provisions and obligations of exchange of Special warrancy Deeds recorded Occober 15,. 1970, in Book 1 H at Page 62. 36. Road Spur Easement recorded December 14, 1982, in Book 614 at Page 698. 37. Road Spur Easement recorded March 22, 1983, in Book 622 at Page 580. 38. Terms, conditions, provisions and obligations of Boundary Line Agreement between Union Oil Company and Atlantic Richfield Company recorded July 19, 19~3. in Book 630 at Page 883. 39. Resolution No. 84-67 by the Board of County Corrvnissionsers of Garfield Councy recorded April 10, 1984, in Book 647 at PAge 614. 40. Resolution No. 85-01 regarding Special and Conditional Land Use Permits by Union Oil Company recorded January 7, 1985, in Book 662 at Page 466. 41. Resolution No. 86-32 concerning a conditional use permit recorded March 18, 1986, in Book 685 at Page 192. 42. Resolution No. 86-143 vacating certain County· Roads recorded December 9, 1985, in Book 700 at Page 554. (Com:inued) FIRST AMERICAN TITLE INSURJ\NCE CCMPANY l llllll lllll llllll llllll llll lllll llllll Ill llllll Ill llll 545331 05/1211999 12:03P 81129 P92 M ALSDORF 43 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO ......... ,.. ... rrrT,1nlr"'n EXCEPTrONS (continued) Order No. SOOJ07b -CJ Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Agreement between Atlantic Richfield Company, a California corporation, Chevron Shale Oil Company. a California corporation, Eaton Shale Company, a Colorado corporation, Exxon Corporation. a New Jersey corporation. Mobil Oil Corporation. a New York corporation, The Oil Shale Corporation, a Delaware corporation, Exxon Company, U.S.A. and onion Oil Company of California, a California corporation recorded January 20, 1983, in Book 617 at Page 266; August 2., 1983, in Book 633 at Pages 461 through 464, inclusive, and the Assignment and Assumption Agreement attached thereto in Book 633 at Pages 485 through 488, inclusive, and the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit l in Book 633 at Pages 489 through 518, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 2 in Book 633 at Pages 519 through 546, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 3 in Book 633 at Pages 547 through 582, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 4 in Book 633 at Pages 583 through 612, inclusive. che Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 5 in Book 633 at Pages 613 at Page 645, inclusive, as amended by instruments recorded February 10, 1989, in Book 748 at Page 863, October 10. 1996, in Book 995 at Pages 740. 749, 757, 765 and 773 and January 5. 1998, in Book 1049 at Page 130. l4. Resolution No. 86-144 accepting Deeds dedicating County Road 215 recorded December 9, 1986, in Book 700 at Page 557. Resolution No. 87-20 approving a Special Use Per<nit by UNOCAL Corporation ,.,-: ~·''~ recorded February 18. 1987, in Book 705 at Page 69l. ~6. Resolution No. 87-58 regarding Special Use Permit by Barrett Energy Company recorded June 2, 1987, in Book 713 at Page 225. 47. Easements granted to Mobile Oil Corporation at Recept:ion Nos. 335176, 3351 ·17. 339433 and 347959. 48. Easements granted to Northwest Pipeline Corporation recorded at Reception Nos. 341038, 341182, 341613 and 341614. ol9. License Agreement between Union Oil and Exxon Corp. recorded at Reception Nos. 348387 and 348388.· (Continued) J 111111.lllll llllll llllll llll lllll 111111111111111 111 llll --. .;.;w...,;.;, ii.i'-6 4.;.; .. ..,.,,_,, .i.~;'l~f" Cli1l;a;I! ~WI l"I ft&...;)UUrl:r° --· 44 or 60 R 301.00 D 499.90 GARFIELD COUNTY CO FIRST AMERICAN TITLE INSURANCE CC*IPANY ......... ,..,,. r-r-r: T 11n tr:n EXCEPTIONS (continued) Order No. 500307b -C3 Resolution No. 87-55 recorded JUne 16, 1987, in Book 714 at Page 186 and Corre~ion Deed regarding this resolution recorded June 15, 1987, in Book 714 at Page 188. 51. Resolution No. 87-87 concerning Natural Gas Wells recorded Augusc 31, 1997, in Book 720 ac Page 102 . 52. . Re~foti.f~~: 87-109 approving Special use Permits by Barrett Energy recorded October 20, 1987, in Book 723 at Page 161 and Resolution No. recorded September 22, 1987, in Book 721 ac Page 292. Company 87-.91 53. Resolution No. 87-109 re-recorded November 5, 1987, in Book 724 at Page 72. 54. Affidavits of Production extending Oil and Gas Leases recorded March l~. 1988, in Book 730 at Page 338, . in Book 730 ac Page 339 and in Book 730 ac Page 340. SS. Resolution No. 88-57 appraving Special Use Permits by barrecc Energy Company recorded June 29, 1988, in Book 736 at Page 798. 56. Terms, conditions, provisions and obligations of Communicacion Agreement between The Bureau of Land Management and Barrett Energy Company recorded August 31, 1988, in Book 740 at Page 203. 57. Resolution No. 99-33 approving a Conditional Use Permit by The U.S. Department of Energy recorded May 3, 1989, in Book 753 at Page 539. Declaration of Pooling and Pooling Agreement recorded May 30, 1989, in Book 751 at Page 986. 59. Affidavit of Production recorded May 30, 1989, in Book 755 at Page l. 60. Resolution Nos. 99-101 and 89-143 concerning Special Use Permits by Barr~tL Energy Company recorded June 21, 1989, in Book 7t~ at Page 735 and re~orded October 17, 1989, in Book 765 at Page 129~ 61. Affidavit of Production Extending Oil and Gas Lease re.corded December 29, 1989, in Book 770 at Page 191. 62. Terms and condicions of Oeclaracions of Pooling and Pooling Agreements recorded January 9, 1990, in Book 770 at Page 672 and recorded March l, 1990, in Book 772 at Page 530. (continued) FIRST AMERICAN TITLE INSURANCE COMPANY J 11111111111 IJWI Diii! Ull !WI 1111!! 1111111111111111 s4s331 0511211999 12.03p a1129 p9:r11"'A"L.siioilF'. - 45 oF 60 R 301.00 D 499.90 GARFIELD COUNTY CO ,.. --... ' ........... 64. 65. 66. 67. EXCEPTIONS (continued) Order No. 500307b -C3 Affidavits of Production recorded April 26, 1990. in Book 772 at Pages 722 through 728, inclusive, extending oil and gas leases mentioned. Amendment to oil and gas leases recorded April 26, 1990, in Book 777 at Page 729. Terms and conditions of Declaration of Pooling and Pooling Agreement recorded November 19, 1990, in Book 793 at Page 549. Terms1 conditions, agreemencs, leases and easements as con~ained in Assignmenc, Bill of Sale and Conveyance recorded December 6, 1990, in Book 794 at Page 519. . Resolut~n No. 91-027 approving a Special Use Permit for UNOCAL recorded April 2, "1991. in Book 801 at Page 520. -- Lessor(s), and Parachute Clean Fuels, L.P., a Colorado limited partnership, Lessee(s), as evidenced by Memorandum of Lease recorded June 12, 1992, in 833 at Page 946. 69. Service Corridor Agreement between Union Oil Company of Californ· , a California corporation and Parachute Clean Fuels, L.P., a Colorado limi partnership recorded June 12, 1992, in Book 833 at Page 953. 70. Electrical Line and Facilities Agreement between on Oil Company of Cal'ifornia, 71. a California corporation and Parachute Clean s, L.P., a Colorado limited partnership recorded June 12. 1992. in Boo 33 at Page 967. Water Agreement between onion and Parachute Clean Fuels, L,P., 1992, in Book 833 at Page 97 . any of California, a California corporal) •)11 Colorado limited partnership recorded June 12, 72. Railroad Access nt between -Union Oil Company of California, a California P chute Clean Fuels, L.P., a Colorado limited partnership , 1992, in Book 883 at Page 989. 73. Terms. nditions, agreements, provisions and obligations of service Corridor ment recorded June 12, 1992. in Book 833 at Page 953. between Union Oil Company of California and Parachute Clean (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY I llllll lllll lillll 111/1/ 11111111111111//ll llll/l Ill /Ill 545331 05/12/1999 12:03P Bll29 P95 M ALSOORF 46 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. 500307b -CJ 833 at Page 988. 76. ·snvironme tation Agreement recorded June 12, 1992. in Book 834 at 77. Resolution No. 95-019 approving a Special Use Permit for Colorado Interstate Gas recorded March 7, 1995, in Book 933 at Page 719. 78. Communitization Agreement recorded October 2, 1995, in Boo~ 954 at PAge 667. 79. Terms and conditions of right of way and easement agreement between Union Oil Company of California and Colorado Interstate Gas Company recorded August l, 1996, in Book 987 at Page 500. so. Terms, conditions, provisions and obligations of Pipeline Easement and Osage Right Agreement between Chevron Shale Oil Company and Colorado Interstate Gas Company recorded August 19, 1996, in Book 989 at Page 273. 81. Terms and conditions of Right of Way and Easement Agreement between Onion Oil Company of California and.Colorado Interstate Gas Company recorded August 19, 1996, in Book 989 at Page 294. 82. Terms and condtions of Gas Line Easement and Right of Way Agreement between Puckett Land Company and Colorado Interstate Gas Company recorded October 7, 1996, in Book 995 at Page 246. Amended Agreement between Puckett Land Company and Grand Valley Gathering recorded July 21, 1997, in Book 1026 at Page 777. 84. Basement between Chevron Shale Oil and Grand Valley Gathering recorded Augu~t 14, 1997, in Book 1030 at Page 228. 85. Agreement between Chevron Shale Oil and Grand Valley Gathering recorded August 14, 1997, in Book 1030 at Page 254. 86. Declaration of Pooling Agreements recorded May 26, 1998, in Book 1069 at Page 213 and in Book 1069 at Page 242. 87. .Amendments to Exhibits 1 throughS Granes of Easement and Agreements Creating Restrictive Covenants recorded October 10, 1996, in Book 995 at Page 740, in BooJ: 995 at Page 749, in Book 995 at Page 757, in Book 995 at Page 765 and in Book 995 at Page 773. (Continued) . FIRST AMERICAN TITLE INSURANCE CC«PANY -11::m ::m !:1111 ;11111 a11 ;:::: :::iii lit llilii m iiil 545331 05/12/1999 12:03P 81129 P96 M ALSDORF 47 of 60 R 301.00 D 499.90 GARFIELD COUNTY-CO ,..,.,. ... ,,,, ,,...,,, ~· ....... .. COMMITMENT Order No. 500307h-C3 'lb: pal.i.Cy ar ?J11ci-to be Jss...,..i will cx:nt:a1n ~ to the fol..lood.ng -ttei:• 1yilpss the 8W are dfsp ... ed of to the sat:i.8factim of the o "\01ty: · 1. krz facts, rights, 'intarests, ar claims "1idl are mt al10wn by the piblie na:u:ds but which a:Wd be asc::actained by an 1nspect1cn of said l.an:1 or by meldn] ~ of pe:rsc:us in p ; rnicn ~f. : 2. Ea 1e11ts or Claims of easena:its, rot slrnl by tile pr•hlic :z:e:=ds • .. 3. D.i.9::%apau::ies, cx:nflicta :in l:x:ux38l:y lines, :sb:xz: tage :in an>a, en::x:ca:!:ueut::s, ~ any other fac:ts ~a UJL:z:t£'\: survey 10.lld dis:Jcee and \oihich are not Bt™1 by the i;uhl1c Le:OLds. 4. kt'f lien, ar right to a lien far services, laOOr or material OOJ:etcfara or hemafmr fux:nisned, tu\' se'.I by laW arid net sin..'! by the pihl le :z:a:uLds. 5. Defects, liens, ~, adverse claims or other matters, i£ 5rJY, o:-eata:i, :first ~ in the p1bl le :tecoz:ds or ~ sul:::Elequent to the effective date 00.:=f, but Ifior to the &rte the pr•\' ood insu:ted acquires of =d for value the estate or intecest or not b;P.;e tte:ecu oovered by this O:mnitnatt. 6. Taxes due isrxi payable; an::! ~ tax, sped al BSS'l 1euts, Charge or 1.1.en .fop:sed for watar or sewar: s:e:tv.l.ca, or ~ any other spociel taxir.g district.. · ~ 1. · Right of the Prepr.ietor of a Vein or l'.i:ide to extta.."t and :talDV9 his oie ~, si:.:uJ..d the -.e be fcund to pareb:at:e or .intersect the pm:nises hereby gtaute:l, as reserved in t.iii:t:ed ~ Patent ia=dOO 1lugust 10, 1911, in 8odt 71 at PCge 489. 2. R4Jht of way Jar diti:res or canals c:x:ristmcted by the autrority of tm Uli:ted stat:ee, as~ in U'lited states Patent U!CO:Cclal August 10, 1911, :in B:rk .71 at Page 489. 3. Right of wey for "Im t'aisy Ditx:h, PI:qlert1es No. 9-20 fron Parac:hut:a Ct-eek as ev:i.den:::ed by 4nstrtJl)ent ncoi;tlel Ile Ali e1 1, 1902, in B:x»c 51 at Paga 285. 4. Right of W1S'J for the Wi..lo::K Osna1s BB gi:ant:e:l by B.B. Branaman to 'Ib3 Wila:o< .O!nal Q:ropany, a Ca1oraOO =pxat:im by Deaj m::otchl Jariu&y 24, 1911, in l3cdc 62 at Pac;;e 514. 5. Eese•axt ~ ri.ght of way to survey, a:nst:n>ct, q:ei:ate, imintain, o:ub:ol., repair e:-:d :c-'1~ .its Lrl-ilH::y lines, BB g:canted by W.H. (9:3e:l to P\lblic ~ O:mpany of Col=ado by :inst:rulEnt recorded Septemtei-3, 1970, in B:dc 413 at Fag? 'l.'7. ( o:ntinued) • ~· u11~1111~~u~11111111 )111111111111111111111111111111 49 of 60 R 30:9~~ 5 24~93 P9 B1129 1'98<>M ALSDORF • • 0 GRRFIELD COUNTY CO order No. 500307h -<:3 6. ~&xi Ext:t:actim Mining Permit: za:ni:dal Febr:uaLy 26, 1981, in El::d< 566 at Page 281. 7. Easeie1L 81'.rl r.iQht of ..ay as grantei by Exxon Clacpc:u:al:i..al, a New .Jersey <=fULBl:icn and 'Ihe Oil smie COrpcrat:i.oo, a llelawere oxparalial to the State n=t-b1e1L of'H:l.gl»Iys. 01.vis.iat of .Higbiays. State of Cl:llarado by .1nstruiEnL · nu:u:ded May 14, 1981. in B:x:lk 571 at Page 464 • . 8. ~ 1gleaieut OOtlieEn Exllal O:lq;aratim, a 1'61 J&3i!Y' WLJ;Xltdt:1cn aid Tm Oil Shale OJt:i;:ox:atim, a l)?l"'rare =i;xn:aitr:n, a utolly ~ snha1g1ary of To9:::o OJt:µ:n:aticn, . a Nevada =p:n:at:J.cn ze::x:u:cled May 18, 1981, in Bock 572 at Page 55. • • . 9. Ord1narce It>~ 205 by tile Beard of Tl:ust:eeB of tte Town of Paradurt:e, O:ilorado n:cxJLClecl ~ 12, 1983, in Bede 616 at Page 776. lo.·. Fa •art: ard f'eleeoo bet> 00<1 ~ COtpatatioo, a New =my cax:patat:icn ard the 'l'Oolxl of Paracprte. a nuiicipal =parat:ioo :recaLWl Jamm:y 12, 1983, in EbCi< 616 at Page 784. · , 11. 'lb:ee tei::ms, agLee1a1ts. prcvisiais, caxil.t:icrls am 0011c;;:tia1B l<hich are a b.Jrden to subject ptq;ei: ty as. o:nta:!.ned in Pail:road Right-<if-way am 'lracl<age Liae!lse :te::azdei .Jul.y 18, 1985, in B:xik 672 at Page 436. 12. Right of wey ~ Highi<ey 6 ard Higb;ay 24. •.3. Right of way far Inte:I: state 70 • .1.4. 01.tdles ani ditt:h :rights, arxl all laterals, !E<rlgates Bild fl.UIES used in mua::ticn tnerewith, ani the extensims ar:d el1largarents t:tereof. ·. '·' • .. 1111111111111111111111111111111111111111111111111111111 545331 03/iz/i9ira iZ:03P 8112S PSS M ALSDORF 50 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO JCFKK-42$42.9 1111111111111111111111111111 111111111111111111111111111 545331 05/12/1999 12:03P 01129 P100 M ALSDORF 51 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE III (Attached to and fonning a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Description of Retained Easement A-1 -(8) Cnnstruttinn Suruegs Inc. 0012 SUNRISE BLVD. SILT, COLORADO 81652 970 -876 -5753 LEGAL Dl!SCRJPTIQN -UNOCAL RETAINED EASEMENT: A pipeline easement located in Section 34 and 35, ToM1Sbip 6 South, RAnge 96 West and Section 2, Township 7 South, R.mgc 96 West of the Sixth Principal Meridian, Garfield County, Colorado. Said easement being 50 feet ill width, 2S feet each side of the following descn'bcd centerline: Beginning at a point on the east line of said Section 2, whence tlie Ell4 comer of said Section 2 bears S 07°07'32 W a distance of 293.53 feet; thence 433.93 feet along the arc of a curve to the left having a radius of 1000.08 feet, an included angle of 24°51'38" and a chord which bears N 76°21 '05" Wa disr.aoce of 430.54 feet; thence N 88°46'54" W a distance of 425.72 feet; thence 77.03 feet along the arc of a curve to the right having a radius of 82.88 feet, an included angle of 53°16'22" and a chord which bears N 62°08'23" W a distance of74.33 feet; th= 1304.59 feet along the arc of a curve to the left having a radius of 5919.58 feet, an included angle ofl2°30'09" and a chord which bears N 41°44 '58" W a distance ofl30l.98 feet; thence N 43"00'00" W a distance of 563.38 feet; thence N 62°48'19" W a distance of 1326.97 feet; thence S 24°57' 19" W a distance of 401.00 feet; thence N 65°02'41" W a distance of 183.12 feet; th= N 57°53'06" W a distance of 409.SSfeet; thence N 50°53'31" Wa distance of2359.3 l; thence N 50°53 '44" W a distance of 415.28 feet; thence 873.0S feet along the arc of a curve to the left having a radius oC1638.00 feet, an incb.lded angle of 30°32'19" aoo a chord which bears N 65°49'07" W a distance of 862.76 feet; thence N 81°05'17" W a distance of 889.00 feet; thence 701.78 feet along the arc of a curve lo the right having a radius of 1664.06 feet, an included angle of24°09'48" and a chord which bears N 69°00'23" Wa distance of 696.59 feet; thmce N 59°51'48" Wa distance ofl45.20 feet; thence 195.45 feet along the arc of a curve to the right having a radius of 1671.50 feet; an included angle of 06°42'03" and a chord which bears NS3°34'2S" W a distance of 195.48 feet to a point on the westerly line of the El/2 SWl/4 of said Scction34, whence the SW comer of said Section34 bears S 29°13'51" W a diS1allce of 2792.10 feet All bearings coll1ained herein are based on the Union Oil Company of California Modified Coordinate System which has a basis of Bearings: N 38°46'25" W between the U.S.G.S. Tri-Stal.ions "HURLBURT" and.SAGE". I llllll lllll llllll 1111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P101 M RLSOORF 52 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 Pl02 H ALSDORF 53 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE IV (Attached to and forming a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Monitoring Parcel A-1 -(9) Cnnstruttiun Surueys Int. May 10, !999 0012 SUNRISE BLVD. SILT, COLORADO 81652 970. 876. 5753 MONITORING WELL ACCESS LEGAL DESCRIPTION A saip ofland situated in the SEJ/4 of Section 34, SWl/4 SWl/4 ofS«:tion 35, Township 6 South, and Lot 4 of Section 2, Lot l of Section 3, Township 7 South, all in Range 96 West of the Sixth Principal Meridian, Garfield County, ColO!•do, being 30 feet in width, 1 S feet each side of the d=ribod alignment being more particularly described .. follows: Beginning at the Southwc:su:rly Right.Qf-Way line of County Road No. 215, also being1he ctntaline of an existing •=road, whence the B.-.ss Cap dawi !912at1heSouth1/4 comer of said Section 34 bearsS 53°57'22" W a cfutance of 2368.60 fcct; thence foUowing the ceatcrline o( said existing oc= road the next ten (10) cour=; !) S 39°11'37' Wadi.stance of6.07 fe<:t; 2) 123.90 feet along the arc of a curve to the riglrt having aradi11.1of110.00 feet and whose chord bcar:i S 71'27'45' W a distance ofJ 17.46 feet; 3) N 76°16'07' W a distmce of 44.76 feet, 4) N 71°56'12' W a distance of\29.18 feet; S) 98.65 fed along the"" of a curve to the left bavin.g a radiua of70.CO feet and whose chord bears S 67°40'59" W a di.lance of90.69 feet; 6) S 27°18'3 l' W a distance ofl78.68 f&et; 7) S 21' !3'16" W a distanccof !45.S7fect; 8) s 14"1.9'40" W a dbtancc of339.87 feet; · 9) S 19'58'16' W a distan.ce of!80.54 f-eet; 10) S 67"22'25' Ea distance of 1742.99 fed; . thence leaving said •=road an<! beginning a random course through the monitoring wcl~ !he folio~ twelve (I Z) courses:· I) S 29°'.l I '02' W a distanee of 83.35 feet; 2) N6J°OI'S7'. W adi.s~of56.74 feet; 3) S 41"13'15' W a distance oUS.61 feet; 4) S 04°55'32' Ea dlstanoe of ll3.S6fcct; S) S 09• 42' 1 8' W a di.st= of 196.28 feet; · 6)N 59°04'02' Wadistanceo:ill8.3! feet; 7) N 36°09'09' W a di:stilllce o!SS.06 fed; . 8) N 22°36'24' Ea distance of32'.55 feet; 9) N 67"2!'37' W a distance of 125.08 feel; 10) N 78°20'45' W a distance ofl27.6S!«=t; . . . 11) 56.07 feet aloagthe ere of a CtllVC to therighthrnnga radi1Uof 18.50 feet and w.hooe chcnlbears N 08"28'59' Ea dist:ince of36.94foct; · . 12) S 34"41 '17' Ea distance of 55.0l feet COMecting to the sideline afthe abavedGSCnocd cascm.,;twhence theBniss Cap dated 1912 at the South 1/4 comer of said Section 34 o.....-. S l!9'll'53' Wa dist.once ofi.540.16 fCC!. All bearings contained herein are ba.ied on the Union Oil Modlfic;d Coordinate System whi 0 h h"" ~ Bearing ofN 38°'!<'!.?~" "'.' ... -· .. -V ........ ,'-' . .:i • .,[ations Hurlburt and Sa~e. I llllll lllll llllll llllll llll lllll llllll lll lllllll II llll 545331 05/12/1999 12:03P 81129 P103 M ALSOORF 54 of 60 R 301.00 O 499.90 GARFIELD COUNTY CO •• • I j MONITORING Wt;:!..!.. l:A6SM5NT I llllll lllll llllll llllll llll lllll llllll Ill lllllll II llll 545331 05/12/1999 12:03P 81129 P104 M ALSOORF 55 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO I llllll lllll llllll llllll llll lllll llllll Ill lllllll II llll 545331 05/12/1999 12:03P 81129 P105 M ALSDORF 56 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE V (Attached to and fanning a part of the Special Warranty Deed dated as ofMay 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Reserved Railroad Easement . A-1 -(10) Construction Surueys In[. May ll, 1999 0012 SUNRISE BLVD. SILT. COLORADO 81652 970. 876 . 5753 LEGAL DESCRIPTION -RAILROAD ALIGNMENT: A centerline alignment for a Railroad Spur i.a Seaions l, 2 and J, Township 7 Soulh, Range 96 West of the SixthPrinciml Meridian, Garfield County, Colorado. Said a!ignmt:nt bcil1g shown and detailed on FLUOR dtawlligs #K.l-5-061A through F, ~ion 116, and more particularly described as follows: Beginning at Sra 28+J.S .989 as shown on said drawing llK1-.S-061A, whence the Southwest corner of said Section l bears S 60"33'39" W a distance of 1640.61 feet; thence N 51°43'07" W a distance of 440.22 feet; thence 80.00 feet along a spiral CllJVC to the right and having a chord which bears N 51°23'07" W a distance of80.00; thence 89.47 feet along the an: ofa circular curve to the right having a radius of 2292.01 feet, ao included angle of2"14'J2" 3Jll!a chord which bears N 49"36'01" Wa distance of 89.47 feet; thence 80.00 feet along a spiral curve to the right aJJd having a chotd which bears N 47°48'55" Wa di<taoce of so.oo feet; thence N 47°28'55" Wa dist= of 236.n feel; thence 80.00 feet along a spillll curve to the left and having a chord which be:lrs N 47"48'55" W a distance of 80.00 fee~ thence 176.36 feet along the arc of a circular curve to the left having a radius of 2292.01 fee4 an included aogle of 4°24 '31" and a chord which beats N 50°41 'll" Wa distance of 176.31 feet; thence 80.00 feet along a spiral curve to the left and having a chord which bears N 53°33'26" W a distance of 80.00 feet; thence N 53°53'26" W ,1 distance of 1117.81 fee~ theoce 80.00 feet along a spiral cuxve to the riglitand having a chord which bears N 53"3J'26" Wadi.stance of80.00 feet; th= 552.39 (eet along the arc of a circular curve to the right having a radius of 2292.01 Icct, an included angle of 13°48'31" and a chord which bears N 45°59'10" W a distance of 551.06 feet; th= 80.00 feet along a spiral CUIVe to the right and having a chord which bears N 38"24'55" W a distance of 80.00 feet; thence N 38"04'55" Wadi.stance of 531.82 feet; theoce·so.oo feet along a spiral curve to the left and having a chord which~ N 38°28' SS" W a distance of80.00 feet; thence 253.41 feet along the arc ofa circulsrQ!l'Ve to the left having a radius of 1910.08 feet, an included angle of7°36'0S" and a chord which b<:ars N 43"04'58" .W a distance of253.2J fee~ thcnce.80.00 feet along a spiral curve to the left and having a chord which bears N 47°41'00" Wa distance of 80.00 feet; thence N 48"05'00" W a distance of 783 .90.feet; thence 70.00 feet along a spiral curve to the left and having a chord which bears N 48°19'00" W a distmce of70.00 feet; thence 267.51 feet along the arc of.a circnlar curve to the !cit baving a radius of 2864.93feet, an includ¢ angle of 5"21 '00" and a chord which bears N 51°27'30" Wa dislance of267.42 f~ thence 70.00fectalong a spiral Curve to the left and baving a chord which ~N 54°36'00" W a disbnce of70.00 feet; thence N 54"50'00" Wa distance of 176.17 feet; thence 100.00 feet along a spiral curve lo thelcll and having a chord which bears N 55°49'58" W a distlnce of99.99 feet; thence 617.00 feet along the arc of a circular curve to theldt havJns a iadius of 955.37 fee4 an included angle of37°00' 10'' and a chord which bean N 76°20'00" Wa distincc of 606.33 feet; thence 100.00 feet along a spiral curve to the left and !Javing a cho.nl which bears S 83°09'58" Wadi.stance of99.99 feet; thence S 82°10'00" Wadi.stance of 758.03feet; thence 70.00 feet along a spiral curve to the right and having a chord which bear$ S J3J 0Q5'57'' Wa dist~ of 69.99 fi;c.l; ilieuce 31 i.56 i0o1 along the arc of a circular curve to the rightha·;ing a radius of 716.78 feet, ao included angle of24°54'16" and a chottl which bears N 82'3S'OO" W a distance of 309.11 feet; IJJQice 70.00 feet along a spiral cwvc to the right and having a chord wbich: t.. .1 N ~72!5:'57~:! a d:;~~~f"t.:;.:;:; ~~; mcm:c N 67°20'00" W a distanao of 2394.51 feet to Sta. 126+59.044.;. shown on said drawing #Kl-5- 06IE, whence the south qua.rte: corner of said Section 3 bears S 16°08'39" W a distance of2999.86 feet: All bearings contained in the <lhove description are based on the Union Oil Modified CoarWM!e SyGtem wh.ich has a basis of Bearings ofN J8°46'25" W between U.S.C.G.S. Stations Hurlburt and Sage. 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P106 M ALSOORF 57 oF 60 R 301.00 0 499.90 GARFIELD COUNTY CO , JCFKK-42S42-9 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P107 M RLSDORF 58 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE vr (Attached to and fonning a part of the Special Warranty Deed dated as ofMay I!, 1999 between Union Oil Company of California and American Soda, L.L.P.) Reserved Pipeline Easement A-I -(!I) Construction Surueys Int. May 10, 1999 pm 0012 SUNRISE BLVD. SILT, COLOR.ADO 81652 970 -876 -5753 LEGAL DESCRIPTION FOR NORTHWEST PIPELINE @ UPGRADE A strip ofland situatod ln the SEl/4 of Section 34, Township 6 South, Ra.age 96 West of the Sixth Principal Meridian, Garfield County, Colorado, being 30 feet in width. IS feet each side of the foUowing: described centerline: Beginning at the South.westerly line of the Pipeline SetVice Corridor, l'!asement "A" as shown on the plat recorded in Boole 633, Page 725 of the Garfield County Records, also being the =tcrline of an existing pipeline, whence the Brass Cap dated 1912 at the Southwest comer of said Section 34 bean S 64°13'49' W a distance of 4024.53 feet; thence following the centerline of said ex.isti113 pipeline the next folll (3) courses; I) S 28°38'27' W a distance of 148.39 feet; 2) S 22°.jj)'44' W a distance ofl67.4Sfeet; 3) S 23 °09'3 I' W a distance of 695.65 feet to the inter= ti on with the existing Barrott Resouro:s S inch diamctCT pipeline whence the Brass Cap dated 1912 at the Southwest comer of said Section 34 ~ S 75'36'07' W a distance of 3319.26 feet All bearings contained in the above description are based on the Union Oil Modified Coordiil!lte System which has a basis of Bearings ofN 38°46'25" W between U.S.C.G.S. Stations Hurlburt and Sage. 111111111111111111111111111111111111111111 lllllll II llll 545331 05/12/1999 12:03P 81129 P10~ Mc~~~~~R~o 59 oF 60 R 301.00 D 499.90 GARFIEL ............ // // If II NORTHWEST PIPELINE 30' EASEMENT .. BARRETT 8"'11 PIPELINE CON~TRUCTION e.rJRV!::iYS, INC. ~~12 &INRl&e SLVC. SILT, CO 81602 (<:11~.!816-E-1&~ SCALE: 1· -JOO' DATE: 05 10 99 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P109 M RLSDORF 60 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO CV 23-3-< APPENDIXD WATER USAGE AND DECREES ) American Soda Water Rights American Soda completed a purchase of water rights from Union Oil Company of California, which became effective on May 11, 1999. These rights amount to 10 cfs of conditional rights adjudicated to the Pumping Pipeline of Union Oil Company of California. The appropriation date of this right is February 14, 1949 with an augmentation date of September 5, 1952, together with a prorata portion of the of the appropriative rights of augmentation described in the decree in Case W -2206, District Court. Water Division 5. This conveyance is subject to the enclosed Water Rights and Water Facilities Operations and Maintenance Agreement. This agreement contains language on page 17, which provides that Absolute Water Rights of 5 .93 cfs owned by Union Oil Company of California will protect the conditional water rights owned by American Soda until such time that the conditional rights are made absolute . The projected maximum water use for the current Phase 1 and the anticipated Phases 2 and 3 are well with in the volume of rights owned by American Soda . On an annual basis American Soda purchases water from the Wolford Mountain Reservoir to protect our operations should any of our existing rights be called out of priority due to any senior calls on the Colorado River. AMERICAN SODA WATER USE BY PROJECT PHASE PHASE YEAR WATER USE TPY TPY CFS SODA ASH BICARBONATE 1 2001 1.00 850000 150000 1 2002 1.66 1000000 150000 1 2003 1.66 1000000 150000 2 2004 3.32 2000000 300000 2 2005 3.32 2000000 300000 2 2006 3.32 2000000 300000 3 2007 4.98 3000000 450000 3 2008 4.98 3000000 450000 3 2009 4.98 3000000 450000 3 2010 4.98 3000000 450000 3 2011 4.98 3000000 450000 3 2012 4.98 3000000 450000 3 2013 4.98 3000000 450000 3 2014 4.98 3000000 450000 3 2015 4.98 3000000 450000 3 2016 4.98 3000000 450000 3 2017 4.98 3000000 450000 3 2018 4.98 3000000 450000 3 2019 4.98 3000000 450000 3 2020 4.98 3000000 450000 3 2021 4.98 3000000 450000 3 2022 4.98 3000000 450000 3 2023 4.98 3000000 450000 3 2024 4.98 3000000 450000 3 2025 4.98 3000000 450000 3 2026 4.98 3000000 450000 3 2027 4.98 3000000 450000 3 2028 4.98 3000000 450000 3 2029 4.98 3000000 450000 3 2030 4.98 3000000 450000 I liflll 11111111111 llllll 1111111111111111111111111111111 545341 05/12/1999 12:29P 81129 P206 M ALSDORF 1 of 3 R 16.00 D 83.33 GARFIELD COUNTY CO .. RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC 1050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith QUIT CLAIM DEED (Pumping Pipeline Conditional Water Rights) UNION OIL COMP ANY OF CALIFORNIA, a California corporation ("Granter"), with an address of376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten Dollars ($10.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, L.L.P., a Colorado limited liability partnership C'Grantee"), with an address of 710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to the following: an undivided 8.9% interest as a tenant in common (equivalent to 10 cfs) in the 112.57 cfs of conditional water rights adjudicated to the Pumping Pipeline of Union Oil Company of California in Civil Action 4004 with an appropriation date of February 14, 1949 and an adjudication date of September 5, 1952, together with a prorata portion of the appropriative rights of augmentation described in the decree in Case No. W-2206, District Court, Water Division Five. Nothing herein shall affect Grantor's ability to use, sell or otherwise dispose of its interest in any of its retained conditional or absolute Pumping Pipeline water rights at any time. This conveyance is subject to the terms and conditions of the Water Rights and Water Facilities Operations and Maintenance Agreement dated as of the date hereof by and between Grantor and Grantee. JCFKK-~2$::11·7 A-11-(i) 11111111111111111111111111111111111111111111111 llll llll 545341 05/12/1~99 12:29P 81129 P207 M ALSDORF 2 of 3 R lS.00 D 83.33 GARFIELD COUNTY CO Executed this 10th day of May, 1999 to be effective as of May 11, 1999. Ul'HON OIL COMPANY OF CALIFOR..NIA, a California cmporation . By:~ '/f. uJ~ Name: L.N. Weiss Title: General Manager, Asset Management Group AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By:~,~4L Name: Irvin Nielsen Title: President STATE OF COLORADO ) ) SS. COUNTY OF G.t\RFIELD ) JCFKK·42S$l-7 A-11-(2) STATE OF CALIFORNIA COUNTY OF ORANGE ) ) SS. ) I llllll lllll llllll llllll 111111111111111111111111111111/ 545341 05/12/1999 12:29P 81129 P208 M RLSDORF 3 of 3 R 16.00 D 83.33 GRRFIELD COUNTY CO ON MAY 10 1999 BEFORE ME, JANICE A AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. · DESCRIPTION OF ATIACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Pumping Pipeline Water Rights Deed NUMBER OF PAGES: DATE OF DOCUMENT: May 10, 1999 CAPACITY OF SIGNERS: General Manager, Asset Management Group. and Assistant Secretarv SIGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: 1111111.111111111111111111111 111111111111111111111111111 545331. 05/12/1999 12:21P 81129 PlSS M ALSDORF 1 of 7'· R 36. 00 D 83. 33 GARFIELD COUNTY CO RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC l 050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith OVIT CLAIM DEED (Parachute Creek Water Rights) UNION OIL COMP ANY OF CALIFORNIA, a California corporation ("Grantor"), with an address of376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten Dollars ($10.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, L.L.P., a Colorado limited liability partnership ("Grantee"), with an address of710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to the following: irrigation rights in the Parachute Creek drainage that were included in Case No. W-2206, District Court, Water Division Five ("Parachute Creek Water Rights") and that are listed on Schedule I attached hereto -and incorporated herein. This conveyance is subject to the terms and conditions of the Water Rights and Water Facilities Operations and Maintenance Agreement dated as of the date hereof by and between Grantor and Grantee. Executed this 10th day of May, 1999 to be effective as of May 11, 1999. ......... ,, i:- JCFKK-42553-7 UNION OIL COMP ANY OF CALIFORNIA, a California corporation By:~~-~ Name: L.N. Weiss Title: General Manager, Asset Management Group A-13 -(1) ":J .. \··' .. ..' .1111m 11111111111 1111111111 111111111111111111111111111 545337 05/12/1999 12:21P 81129 P189 M ALSDORF 2 of 7 R 36.00 D 83.33 GARFIELD COUNTY CO Accepted this 11th day of May, 1999. STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) JCFKK-nsn. 7 AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By:~/U Narn;rry;;; Nielsen 7 Title: President A-13 -(2) STATE OF CALIFORNIA ) ) SS. ":OUNTY OF ORANGE ) 1111111111111111111111111111 11111111111111111111111 1111 545337 05/12/1999 12:21P 81129 P190 M ALSOORF 3 of 7 R 36.00 D 83.33 GARFIELD COUNTY CO ON MAY 10 1999 BEFORE ME, JANICE A. AUD/SS, NOTARY PUBLIC, PERSONALLY APPEARED L.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~d~ NOTARY'S SIGNATURE . ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT:. TITLE OR TYPE OF DOCUMENT: Parachute Creek Water Rights Deed NUMBER OF PAGES: DATE OF DOCUMENT: May 10, 1999 !\PACITY OF SIGNERS: General Manager. Asset Management Group, and Assistant Secretarv SIGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: I llllll lllll llllll llllll 1111111111111111111111111111111 545337 05/12/1999 12:21P 81129 P191 M ALSDORF 4 of 1 R 36.00 D 83.33 GARFIELD COUNTY CO SCBEDULEI to (Quit Claim Deed (Parachute Creek Water Rights) from Union Oil Company of California to American Soda, L.L.P.) List of the Parachute Creek Water Rights ....... May I I, I999 PARACHUTE CREEK WATER RIGHTS NAME AMOUNT SOURCE PARACHUTE CREEK DRAINAGE I Starkey Gulch Ditch (A) 4.32 ·Starkey Gulch, tributary to Parachute Creek 2 Daisy Ditch (Parachute Ditch Headgate) (A) 0.30 of6.4 Parachute Creek 3 No water right for this number 4 Vieweg Ditch (A) 1.6 Parachute Creek 5 Zelma Ditch (P.L.R. Ditch Headgate) (A) 0.45 East Fork of Parachute Creek 6 Zelma Ditch First Enlargement (P.l.R. Ditch l.05 East Fork of Parachute Creek Headgate) (A) 7 Bessie Ditch (P.l.R. Ditch Headgate) (A) 0.38 East Fork of Parachute Creek 8 Bessie Ditch First Enlargement (P.L.R. 0.87 East Fork of Parachute Creek Ditch Headgate) (A) 9 P.l.R. Ditch (A) 1.04 East Fork of Parachute Creek 10 P.1.R. Ditch First Enlargement (A) 2.42 East Fork of Parachute Creek II East Fork Ditch (A) 0.44 East Fork of Parachute Creek 12 East Fork Ditch First Enlargement (A) 3.47 East Fork of Parachute Creek I3 Davenport Ditch (A) 2.0 Middle Fork of Parachute Creek I4 Davenport Ditch First Enlargement (A) 5.69 Middle Fork of Parachute Creek 15 No water right for this number 16 Charley Dere Ditch (A) 0.25. Middle Fork of Parachute Creek 17 Charley Dere Ditch FirSt Enlargement (A) 0.58 Middle Fork of Parachute Creek 18 C.C.D. Ditch (A) 0.76 Middle Fork of Parachute Creek 19 C.C.D. Ditch First Enlargement (A) 1.77 Middle Fork of Parachute Creek JCFKK-45121-1 I 11111\ ll\11111111111111111111111111111 111 "'Ill 1111 1111 545337 05/12/1999 12:21P 81129 Pl ·· .1 ALSDORF 5 of 7 R 36.00 D 83.33 GARFIELD COUNTY CO APPROPRIA T!ON ADJUDICATION CASE PRIORITY DATE DATE NO. NO. 08/01/1901 07/26/197I W-248 - 05/17/1883 05/11/1889 103 9 05/0l/I893 11/09/1897 745 152A 05/0111922 Ol/04/I937 3I24 206 03/01/I 926 01/04/1937 3I24 207E 05/0I/I913 OI/04/I937 3I24 202 03/0I/1926 01/0411937 3I24 207F 05/01/I914 Ol/04/I937 3124 204 03/0!/I926 01/04/1937 3124 207D 08/0!/I9I2 03127/1920 20I I 179BB 03/0!/I926 0!/04/I937 3I24 207G 05/01/I889 06/I6/I898 723 143C 03/0I/I926 OI/0411937 3124 207C l0/0I/19I4 01/04/1937 3124 205 03/0!/I926 01/04/1937 3I24 207A 04/01/1914 OI/04/1937 3124 203 03/0I/1926 01/04/1937 3I24 207B Page I 111111111111111111111111111111111111111 ·_-~11111111111 !54!5337 0!5/12/1999 12:21P 81129 Pl ,1 ALSDORF 6 of 7 R 36. 00 D 83 . 33 GARFIELD COUNTY co· NAME AMOUNT SOURCE APPROPRIATION ADJUDICATION CASE PRIORITY DATE DATE NO. NO. 20 West Fork Ditch (A) 1.3 West Fork of Parachute Creek 05/18/1903 03/27/1920 2011 168A 21 No water right for this number 22 Spring Ditch (A) 0.12 Spring, tributary to Middle Fork of l l/01/1909 03/2711920 2011 177AA Parachute Creek 23 Parachute High Line Ditch (East Fork 0.8 East Fork of Parachute Creek 03/03/1888 12/29/1903 1059 126A Headgate) (A) 24 Parachute High Line Ditch First 1.85 East Fork of Parachute Creek 04/02/1895 12/29/1903 1059 15488 Enlargement (East Fork Headgate) (A) 25 Parachute Ditch (A) (2.37 cfs included in W-2.37 Parachute Creek 04/01/1888 05/11/1889 103 131 2206 augmentation) 26 Parachute Ditch First West Enlargement (A) 1.3 Parachute Creek 04/25/I890 04/27/I891 469 145 27 Parachute Ditch Holmes & Morgan ,035 Parachute Creek 11/09/1891 04/27/1892 469 149 Extension and Enlargement (A) (0.035 incltrded in W~2206 augmentation plan) 28 Parachute Ditch Third Enlargement (A) 19.72 Parachute Creek 03/01/1926 01/04/1937 3124 207Q 29 Highline Ditch (Davenport Ditch Headgate) 1.33 . Parachute Creek 05/01/1888. 01/04/1937 3124 199 (A) 30 Highline Ditch First Enlargement 3.09 Parachute Creek 03/01/1926 01/04/1937 3124 207H (Davenport Ditch Headgate) (A) 31 Granlee Ditch (A): Parachute Creek Original 0.24 of0.4 04/01/1889 02/20/1900 781 143AA Hughes & Cox Enlargement 2.16 of3.6 . 04/15/1895 02/20/1900 781 154A Clayton Enlargement 0.60of1.0 05/06/1900 02104/1909 1345 158AA Third Enlargement 0.96of1.6 11/05/1901 0210411909 1345 161AA Fourth Enlargement Ml 2{~ Q2 03/01/1926 01/04/1937 3124 2071 7.49of12.69 32 Riley Ditch (A) 0.8 Riley Gulch, tributary to Parachute Creek 07/01/1888 04/16/1909 1357 141A 33 Riley Ditch (A) 0.2 Riley Gulch, tributary to Parachute Creek 06/01/1891 01/04/1937 3124 200 34 Riley Ditch First Enlargement (A) 0.3 Riley Gulch, tributary to Parachute Creek 03101/1926 01/04/1937 3124 207P JCFKK-4~111·1 Page 2 NAME AMOUNT SOURCE 35 Benson & Barnett Ditch (A): Parachute Creek Original 1.317 of2.3 First Enlargement J,§ 2(§,21 4.917 of8.51 36 Low Cost Ditch (A): Parachute Creek Original 4.35 of5.0 First Enlargement 7.82 of9.0 Third Enlargement IQ,12 Qf J 2,;)4 22.89 of26.34 JCFKK-43121·1 l llllll lllll llllll llllll llll llllll llH' 111 ~1111 llll llli 545337 05/12/1999 12:21P 81129 F -M ALSDORF 7 of 7 R 36.00 D 83.33 GARFIELD ~JUNTY CD APPROPRIATION ADJUDICATION CASE PRIORITY DATE DATE NO. NO. 02124/1902 03/25/1890 03/0111926 01/04/1887 05/11/1889 103 83 04/01/1888 05/11/1889 103 132 03/0111926 01/04/1937 3124 2070 Page 3 ; illlll lllll llljll llllll llll llllll lllll Ill lllll 1111 llll 545338 05/12,1999 12:24P 61129 P195 M ALSOORF 1 of 3 R·16.00 0 83.33 GARFIELD COUNTY CO '-·· RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC 1050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith OUIT CLAIM DEED (Parachute Creek Reservoir Conditional Water Rights) UNION OIL COMPANY OF CALIFORNIA, a California corporation ("Grantor"), with an address of 376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten Dollars ($10.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, L.L.P., a Colorado limited liability partnership ("Grantee''), with an address of710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to the following: an undivided 19.93% interest as a tenant in common (equivalent to 3,366 acre-feet) in the 16,886.5 acre-feet of conditional water storage rights adjudicated to the Parachute Creek Reservoir in Case No. W-252, District Court, Water Division Five. Nothing herein shall affect Grantor's ability to use, sell or otherwise dispose of its interest . in any of its conditional or absolute Parachute Creek Reservoir water rights at any time. Granter does not hereby convey, nor will it be obligated at any time in the future to convey, any easement or any other interest in any real property, either expressly or by implication, for construction of any reservoir, nor any interest in Grantor's Section 404 permit (Clean Water Act), or any other rights related to Grantor's conditional or absolute Parachute Creek Reservoirwater rights. This conveyance is subject to the terms and conditions of the Water Rights and Water Facilities Operations and Maintenance Agreement dated as of the date hereof by and between Granter and Grantee. JCFKK-42HS-7 A-15 -(!) 111111111111 1111111111111111 111111111111111111111111111 545336 05/12/1999 12:24P 61129 P196 M RLSDORF 2 of 3 R 16.00 D 83.33 GRRFIELD COUNTY CO Executed this 10th day of May, 1999 to be effective as of May 11, 1999. UNION OIL COMP ANY OF CALIFORNIA, a California corporation By:~/J/. ~ Name: L.N. Weiss . d ?. Title: General Manager, Asset Management Group ~?~ir~oki • Assistant Secretary Accepted this ! Ith day of May, 1999. STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) JLFKK-.t2HS-7 AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner .,~-~ Name: Irvin Nielsen r Title: President A-15 -(2) STATE OF CALIFORNIA COUNTY OF ORANGE ) ) SS. ) 1111111111111111111111111111 111111111111111111111111111 545338 05/12/1999 12: 24P 81129 P197 M RLSDORF 3 of 3 R 16.00 D 83.33 GRRFIELD COUNTY CO JN MAY 10 1999 BEFORE ME, JANICE A. AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Parachute Creek Reservoir Conditional Water Rights Deed NUMBER OF PAGES: DATE OF DOCUMENT: May 10, 1999 CAPACITY OF SIGNERS: General Manager, Asset Management Group, and Assistant Secretary ..,1GNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: :>i 1111111111111111111111111111111111 lllll Ill lllll llll llll 545339 05/12/1999 12:25P 81129 P198 M RLSDORF 1 of 4 R 21.00 D 83.33 GARFIELD COUNTY CO ' RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC 1050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith OUIT CLAIM DEED (Meadow Wells Water Rights) UNION OIL COMP ANY OF CALIFORNIA, a California corporation ("Gran tor"), with an address of376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten Dollars ($10.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, L.L.P., a Colorado limited liability partnership ("Grantee"), with an address of710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to the following: the water rights adjuditated to Well Nos. 1-5 adjudicated in Case Nos. W-1345, 79CW328, and 82CW380, District Court, Water Division Five as more particularly described on Schedule I attached hereto and incorporated herein by this reference. This conveyance is subject to the terms and conditions of the Water Rights and Water Facilities Operations and Maintenance Agreement and the Utility Easements Agreement, each dated as of the date hereof by and between Grantor and Grantee. JC'FKK-42556-7 A-16 -(I) s ], 35 I lllill lllll llllll llllll llll llllll lllll Ill lllll llll llll 545339 05/12/1999 12:25P 81129 P199 M ALSDORF 2 of 4 ~ 21.00 D 83.33 GARFIELD COUNTY CO Executed this l 0th day of May, 1999 to be effective as of May 11, 1999. UNION OIL COMP ANY OF CALIFORNIA, a California corporation By:~~.~ Name: L.N. Weiss Title: General Manager, Asset Management Group Grego Wirzbicki, Assistant Secretary Accepted this I !th day of May, 1999. AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By:~~#~~ Name: Irvin Nielsen 7 Title: President STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) JCFKK-4255Q-7 A-16 -(2) STATE OF CALIFORNIA COUNTY OF ORANGE ) ) SS. ) 1111111111111111111111111111 111111111111111111111111111 545339 05/12/1999 12:25P B1129 P200 M ALSOORF 3 of 4 R 21.00 D 83.33 GARFIELD COUNTY CO ON MAY 10 1999 BEFORE ME, JANICE A. AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. l "~·· ":.'..P ... ~ jA~icE A. Auoiss ( er! . · .. COMM. # 1135545 I Q. ! ~~_:.~ -, ~ · NOTARY PUBUC •CALIFORNIA 1J I , ORANGE COUNTY :!t ) «........ My Comm. Expires Apr. 26, 2001 { OQ;;:9y:q99qq4+;: ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Quit Claim Deed (Meadow Wells Water Rights) NUMBER OF PAGES: DATE OF DOCUMENT: May 10, 1999 CAPACITY OF SIGNERS: General Manager, Asset Management Group, and Assistant Secretary SIGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: 111111111111111111 1111111111 111111111111111111111111111 545339 05/12/1999 12:25P 81129 P201 M ALSDORF 4 of 4 ~ ·2i.00 D 83.33 GARFIELD COUNTY CO SCHEDULE I (to Quit Claim Deed (Meadow Wells Water Rights) dated May I I, I 999 from Union Oil Company of California to American Soda, L.L.P.) I. Union 76 Water Well No. I (Permit No. 06045-F) is located in the NEI/4 NEl/4 of Section 36, Township 5 South, Range 96 West of the 6th P.M. at a point whence an iron post with a brass cap found in place and properly marked for the closing corner on the section line between Sections 25 and 30 and the southerly line ofTract No. 37 bears north 30°57'30" east 589.00 feet. 2. Union 76 Water Well No. IA (Permit No. 23584-F) is located in the NEI/4 NEI/4 of Section 36, Township 5 South, Range 96 West of the 6th P.M. at a point 575 feet south of the north line and 320 feet west of the east line of said Section 36. 3. Union 76 Water Well No. 2 (Permit No. 25480-F) is located in the SEl/4 of the NEI/4 of Section 36, Township 5 South, Range 96 West of the 6th P.M. at a point 1550 feet from the north section line and 550 feet from the east section line of said section. 4. Union 76 Water Well No. 3 (Permit No. 25481-F) is located in the NEI/4 of the SEl/4 of Section 36, Township 5 South, Range 96 West of the 6th P.M. at a point 1950 feet from the south section line and 850 feet from the east section line of said section. 5. Union 76 Water Well No. 4 (Permit No. 25482-F) is located in the SEl/4 of the SEI/4 of Section 25, Township 5 South, Range 96 West of the 6th P.M., at a point 1300 feet from the south section line and 650 feet from the east section line of said section. 6. Union 76 Water Well No. 5 (Permit No. 25483-F) is located in the SEl/4 of the SEl/4 of Section 25, Township 5, South, Range 96 West of the 6th P.M., at a point 400 feet from the south section line and 350 feet from the east section line of said section. JCFKK-42SS6-7 _ I 11~111111111111111111111111111111 11111111111111111 /Ill 545340 05!1211999 12:27P 81129 P202 M RLSDORF 1 of.4 R 21.00 D 83.33 GRRFIELD COUNTY CO RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC 1050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith OVIT CLAIM DEED (Roaring Fork Drainage Historical Consumptive Use Credits) UNION OIL COMPANY OF CALIFORNIA, a California corporation, with an address of 376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten Dollars ($10.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, L.L.P,, a Colorado limited liability partnership, with an address of 710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to the following: 262.87 acre-feet per year of historical consumptive use credit associated with Grantor's retained interest in the Weaver and Leonhardy Ditch (Southard & Cavanaugh Ditch Headgate), Rockford Ditch First Enlargement (Southard & Cavanaugh Ditch Headgate), Staton Ditch, Glenwood Ditch, and Atkinson Canal, along with all of Grantor's interests in the associated headgates and related structures of said ditches, all in the Roaring Fork River drainage, as described in Grantor's decree in Case No. W-2206, District Court, Water Division Five. JCFKK-42552-7 A-12 -(1) 1111111111111111111111111111111111111111111111111111111 545340 05/12/1999 12:27P 81129 P203 M·R~SDORF 2 o-7 4 R 21.00 D 83.33 GRRFIELD COUNTY CO This conveyance is subject to the terms and conditions of the Water Rights and Water Facilities Operations and Maintenance Agreement dated as of the date hereof by and between Grantor and Grantee. JCFKK-42H2·7 Executed this 10th day of May, 1999 to be effective as of May 11, 1999. UNION OIL COMP ANY OF CALIFORNIA, a California corporation By:~?/.~ Name: L.N. Weiss Title: General Manager, Asset Management Group AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner Bykftd Name: Irvin Nielsen Title: President A-12 -(2) I lfilll lllll llllll llllll llll llllll lllll Ill lllll llll llll 545340 0~/12/1999 12:27P 81129 P204 M RLSDORF 3 of. 4 R 21.00 D 83.33 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) JCFKK-t2H2·7 A-12 • (3) STATE OF CALIFORNIA COUNTY OF ORANGE ) ) SS. ) 111111/ lllll llllll llllll llll llllll lllll Ill lllll llll llll 545340 05/12/1999 12:27P 81129 P205 M ALSDORF 4 of 4 R 21.00 0 83.33 GARFIELD COUNTY CO ON MAY 10 1999 BEFORE ME, JANICE A. AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF AITACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Roaring Fork Drainage Historical Consumptive Use Credits Deed NUMBER OF PAGES: DATE OF DOCUMENT: May 10, 1999 CAPACITY OF SIGNERS: General Manager, Asset Management Group, and Assistant Secretarv SIGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: ·I llilll 11111111111111111111111111111111111 lllll llll llll .545342 05/12/1999 12: 30P 81129 P209 M ALSDORF 1 of 3· R 16.00 D 83.35 GARFIELD COUNTY CO RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC I 050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith OUIT CLAIM DEED (Vieweg Ditch) UNION OIL COMP ANY OF CALIFORNIA, a California corporation ("Gran tor"), with . an address of 376 South Valencia Avenue, Brea, California 92823, for the consideration of Ten Dollars (SI 0.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, LLP., a Colorado limited liability partnership ("Grantee"), with an address of710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to the following: the Vieweg Ditch, together with its headgate and appurtenant structures. This conveyance is subject to the terms and conditions of the Water Rights and Water Facilities Operations and Maintenance Agreement dated as of the date hereof by and between Grantor and Grantee. -)···.,,,,.,.· -} / t ,.., . . . ' Executed this 10th day of May, 1999 to be effective as of May 11, 1999. Gr • Wirzbicki Assistant Secretary illHON OIL COMPANY OF CALIFORNIA, a California corporation By:~~.~ Name: LN. Weiss Title: General Manager, Asset Management Group A-19 -(I) I !lllll 11111 1111111111111111111 11111111 1111111111111111 545342 05/12/1999 12:30P 81129 P210 M ALSQORF 2 of 3 ·R 16.00 0 83.35 GARFIELD COUNTY CO Accepted this I Ith day of May, I 999. STATE OF COLORADO ) ) SS. · COUNTY OF GARFIELD ) AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By:~~~ Name: Irvin Nielsen " Title: President SCFKK+4S~20·3 A-19-(2) STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) 1111111111111111111111111111111111111111111111111111111 545342 05/12/1999 12:30P 81129 P211 M RLSDORF 3 of 3 R 16.00 D 83.35 GRRFIELD COUNTY CO ON MAY 10 1999 BEFORE ME, JANICE A AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED L.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. 1 ·it.~~-:?.·.,~ j;Nic~ :\. Auoiss { 0: :' , ·: COMM. # 1135545 I Q. !~_& _ . , a~ NOTARY PUB.UC ·CALIFORNIA 'U I . ' ORANGE COUNTY !l J 4 ~;•o:;• Y" ~y ~:· ~rr: ~r. :6. ~002 { ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Vieweg Ditch Deed NUMBER OF PAGES: DATE OF DOCUMENT: May 10. 1999 CAPACITY OF SIGNERS: General Manager. Asset Management Group. and Assistant Secretary SIGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: 1111111111111111111111111111111111111111111111111111111 '545343 05/12/1999 12:32P 81129 P212 M RLSDORF 1 of 4 ~ 21.00 D 0.00 GRRFIELD COUNTY CO ) RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC l 050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith WATER STRUCTURES LICENSE AGREEMENT THIS WATER STRUCTURES LICENSE AGREEMENT (this "License Agreement") dated effective as of the 11th dayofMay, 1999, is from UNION OIL COMPANY OF CALIFORNIA, a California corporation ("Grantor"), with an address of376 Valencia Avenue, Brea, California 92823, to AMERICAN SODA, L.L.P., a Colorado limited liability partnership ("Grantee"), with an address of710 Cooper Street, Glenwood Springs, Colorado 81602. IN CONSIDERATION of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: !. Grantor hereby licenses to Grantee, its successors and assigns, a limited right to access, use, and maintain the headgate, ditch and other structures located on real property owned by Grantor associated with delivery of the Parachute Creek Water Rights as conveyed by Grantor to . Grantee pursuant to the Quit Claim Deed (Parachut~ Creek Water Rights), dated as of the date hereof, from Grantor to Grantee and recorded in Book Jf J.1 at Page([$'. The license to access, use · and maintain the headgate, ditch, and other structures across Grantor's real property is limited to that reasonably necessary for the construction, use, operations and maintenance of a turn out structure and measuring device at each headgate if and as required under the provision of paragraph 3(!) on pages 39-40 of the decree in Case No. W-2206, District Court, Water Division Five. Grantee's use of such structures shall not interfere with the continued use of the ditches for irrigation of lands retained by Grantor under water rights other than those water rights conveyed by Gran tor to Grantee. 2. This license is subject to the terms and conditions of the Water Rights and Water Facilities Operation and Maintenance Agreement dated as of the date hereof by and between Grantor and Grantee. JCFKK--42SS-C..Q A-14-(!) O "? /~._J ;u l llllll lllll llllll llllll llll Ill llllllll Ill lll/111111111 · 545343 05/12/1999 12:32P 81129 P213 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO JCFKK.42SS4-6 Executed this I 0th day of May, 1999 to be effective as of May 11, 1999. UNION OIL COMP ANY OF CALIFORNIA, a California corporation By:~~-u/~ Name: L.N. Weiss Title: General Manager, Asset Manager, Asset Management Group AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By:~~~ Name:~~, Title: President ... ,.;:....: A-14-(2) . I IHlll lllll llllll llllll ll/1111111111111111111111111111 545343 05/12/1999 12:32P 81129 P214 M RLSOORF 3 of 4 'R 21.00 0 0.00 GARFIELD COUNTY CO ST A TE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this I Ith day of May, 1999, by Irvin Nielsen, as President of American Alkali, Inc., a Colorado corporation, as a partner of American Soda, L.L.P., a Colorado limited liability partnership, on behalf of said limited liability partnership. JCFKK.42!>$4-6 A-14-(3) , STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) 1111111111111111111111111111111111111111111111111111111 545343 05/12/1999 12:32P 81129 P215 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO JN MAY 10 1999 BEFORE ME, JANICE A. AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WEISS) AND GREGORY F. WIRZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT:· TITLE OR TYPE OF DOCUMENT: Water Structures Agreement NUMBER OF PAGES: DATE OF DOCUMENT: May 10. 1999 CAPACITY OF SIGNERS: General Manager. Asset Management Group, and Assistant Secretary ,,,IGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: I ~11111111111111111111111111111111111111111'.Jl llll llll 5~5344 115/12/1999 12:34P B1129 P216 M ALSDORF . 1 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO WATER RIGHTS AND WATER FACILITIES OPERATIONS AND MAINTENANCE AGREEMENT This water Rights and Water Facilities Operations and Maintenance Agreement ("Agreement") is made on the 11th day of May, 1999 by and between Union Oil Company of California ("Unocal"), a California corporation, and American Soda, L.L.P. ("Soda"), a Colorado limited liability partnership, collectively referred to hereafter as the Parties. The Parties hereby agree as follows: I. Definitions A. Diligence Activities are any and all acts taken in furtherance of applying water rights to a beneficial use as required by Colorado law so as to demonstrate reasonable diligence in the development of a conditional water right, and/or to demonstrate that a conditional water right has been made absolute. B. Diligence Application is any application made to the Water Court, Water Division No. 5, or other court or entity of competent jurisdiction, in order to demonstrate reasonable diligence in the development of a conditional water right, and/or to demonstrate that a conditional water right has been made absolute, as required by Colorado law. C. Ditches section II.B.6.a. on Unocal Property is defined D. Enlarge or Enlargement is any activity that is intended to, or that has the effect of, increasing the capacity, size, or capability of any Facility to deliver water. E. Excess Capacity is that capacity to deliver water that is primary right to use the Facility for portion of any Facility's unused by any Party with a any specified period of time. F. Facility, unless the context provides a more specific definition, includes any and all structures, devices, buildings, and fixtures associated with the exercise of the water rights that / are the subject of this Agreement. ./1/i · J o!.3 /lt-nr r-&wriJ,Pf ~ 1-i:-ti£.nt-PO pl(pe,.1£cP-ef. .,yµ~ 'l.'-'(' \lplV JCfl.Cdks, ~s-e., . r.. -~ ~;,....,r/ C:u7c;; /? ~ tih-ee/' cJ~/!1"'-',-..>' '7--.. . . ,,,.,,,... ~ ....... ! ........ -. 111111111111111111 1111111111111111111111111111111111111 545~44 05/12/1999 12:34P 81129 P217 M RLSDORF 2 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO G. Improvement is any activity, including but not limited to replacing parts, and upgrading parts or Facilities (or any part thereof) which has the effect of improving the performance or increasing the expected life of any such part or Facility. H. Industry Standards are those materials, specifications, or plans, architectural, engineering, construction or otherwise, as well as management, maintenance, and operating practices, that conform to those of like projects. I. Intake Parcel Easement is that easement conveyed by Unocal to Soda of even date herewith, recorded in the real property records of Garfield County in Book Lf.dj_ at page /S°) , Reception No. S4S 33'1 . . J. Intake Parcel is that real property subject to the Intake Parcel Easement. K. Maintain or Maintenance is any activity that is intended to, or has the effect, of maintaining Facilities in good working condition, in conformance with Industry Standards. L. Notice, unless otherwise provided, is that Notice which is described in section XI.A. herein. M. Operate or Operation is any activity that is intended to allow, or has the effect of allowing any Facility or part thereof to function in accordance with its purpose or design. N. Pumping Pipeline Absolute Water Rights is defined in section IX.C.l. 0. Repair is any activity that is intended to, or has the effect of, restoring or fixing any broken or malfunctioning Facility, or any part thereof. P. Soda's Uses are those industrial uses associated with the mining, producing, or processing of naucholite, dawsonite, bak~ng soda, or soda ash. Q. Special Warranty Deed is that certain special warranty deed of even date herewith, recorded in the real property records of Garfield County, Colorado, in Book liCJ."J at page SO, Reception No. S"t(S 3 31 ---- The foregoing definitions apply to the terms as used in this Agreement, whether the terms are used in the singular or the plural. 2 111111111111111111 11111111111111111111111111111 llll 1111 54!::.344 05'!12/1999 12:34P 81129 P218 M ALSDORF 3 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO II. Description of Water Rights and Structures Affected by this Agreement A. Water Rights 1. Pumping Pipeline Conditional Water Rights. The Pumping Pipeline Conditional Water Rights (PPCWR) is the undivided interest in water rights conveyed to Soda by Quit Claim Deed of even date herewith, recorded in the real property records of Garfield County in Book .1.JJ{J_ at page ,?-O(p , Reception No. SlfSJt.{ I · 2. Parachute Creek Water Rights. The Parachute Creek Water Rights (PCWR) are those water rights conveyed by Unocal to Soda by Quit Claim Deed of even date herewith, recorded in the real property records of Garfield County in Book fJJ,j_ at page /8'/f , Reception No. S'i.5'3 3 7 . 3. Parachute Creek Reservoir Conditional Water Rights. The Parachute Creek Reservoir Conditional Water Rights (PCRCWR) is the undivided interest in water rights conveyed by Unocal to Soda by Quit Claim Deed of even date herewith, recorded in the real property records of Garfield County in Book //)9 at page /15 , Reception No. S4S 33!? . 4. Meadow Wells Water Rights. The Meadow Wells Water Rights (MWWR) are those water rights conveyed by Unocal to Soda by Quit Claim Deed of even date herewith, recorded in the real property records of Garfield County in Book Lll.i at page J'l6 , Reception No. St.;SJ..:l °I . 5. Roaring Fork Historical Consumptive Use Credits: The Roaring Fork Historical Consumptive Use Credics (RFHCUC) are those water rights conveyed by Unocal to Soda by Quit Claim Deed of even date herewith, recorded in the real property records of Garfield County in Book ~ at page d,O~ , Reception No . S'I .5 3 l( D . · B. Structures Associated with Water Rights. 1. Pumoing Pipeline Intake System. "Intake System" shall mean the intake structure and the sedimentation pond located on the Intake Parcel and the pipelines connecting them. The intake structure is the submerged steel 3 I llllll lllll llllll llllll 1111111111111111111111111111111 545344 0~/12/1999 12:34P 81129 P219 M RLSDORF 4 of 33 R 166.00 D 0.00 GRRFIELD COUNTY CO structure in the bed of the Colorado River extending into the Colorado River from a point on the westerly or northwesterly bank of the Colorado River whence the section corner common to Sections 6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections 1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South 89°5' 3364.65 feet. The intake structure includes a sump in which a pump or pumps will be installed to pump water into the sedimentation pond located on the Intake Parcel. From the sump, pipelines carry water in a northerly direction to the sedimentation pond located on the Intake Parcel. 2. Pumoing Pipeline. "Pumping Pipeline" refers to the water pipeline with an outside diameter of 8 inches, a design capacity of 4 cfs, and a design working pressure capacity of 600 pounds that runs from the sedimentation pond located on the Intake Parcel to the real property described on exhibits attached to the Special Warranty Deed, to be used by Soda for Soda's Uses. 3. Parachute Ditch. "Parachute Ditch" refers to that irrigation ditch described in the September 7, 1976 decree in Case No. W-2910, District Court in and for Water Division No. 5, State of Colorado, as having a headgate located in Lot 12 of Section 34, Township 6 South, Range 96 West of the 6th P.M. at a point whence the south quarter corner of said Section 34 bears south 56 °04' 4 7" east a distance of 1569.99 feet and a diversion point on Parachute Creek located in Lot 12 of Section 34, Township 6 South, Range 96 West of the 6th P.M. at a point whence the south quarter corner of said Section 34 bears south 53°26'18" east a distance of 2019.35 feet. 4. Cornell Ditch. "Cornell Ditch" refers to that irrigation ditch diverting from Parachute Creek at a point on the east bank of Parachute Creek approximately 2 miles above the mouth of Parachute Creek,° accordimg to the May 11, 1889 decree in Civil Action No. 103, Garfield County District Court. The Cornell Ditch is located on property conveyed by Unocal to Soda by the Special Warranty Deed. 5. Daisy Ditch. "Daisy Ditch" refers to that irrigation ditch that diverts from Parachute Creek at a point on the east bank of Parachute Creek approximately 1.5 miles above the mouth of Parachute Creek, according to the May 11, 1889 decree in Civil Action No. 103, Garfield County District Court. The Daisy Ditch is 4 111111111111111111 111111 111111111111111111111111111 1111 54?344 0~/12/1999 12:34P 81129 P220 M RLSDORF 5 of 33 R 166.00 0 0.00 GARFIELD COUNTY CO located on property conveyed by Unocal to Soda by the Special Warranty Deed. 6. Parachute Creek Irrigation Ditches Located on Land Retained by Unocal. a. "Ditches on Unocal Property" refer to the following irrigation ditches: the Starkey Gulch Ditch, the P.L.R. Ditch, the East Fork Ditch, the Davenport Ditch, the Charley Dere Ditch, the C.C.D. Ditch, the Westfork Ditch, the Spring Ditch, the Granlee Ditch, the Riley Ditch, the Benson and Barnett Ditch, and the Low Cost Ditch. The headgate locations of each of these ditches, except the Starkey Gulch and Charley Dere Ditches, are described in the decree in Case No. W-2910, Water Di vision No. 5. The headgate locations of the Starkey Gulch and Charley Dere Ditches are described in Case No. W-2206, Water Division No. 5, which decree is recorded with the Clerk and Recorder of Garfield County, Colorado, in Book 476, Page 363 at Reception No. 268510. b. The PCWR were decreed originally for diversion at the Ditches on Unocal Property and may continue to be diverted by Unocal at those headgates to the extent Unocal leases back the use of those water rights pursuant to paragraph V.B.5, below. 7. Meadow Wells. "Meadow Wells" refers to the well casings, pumps, housings, a pipeline with necessary valves, and appurtenances thereto, currently used to divert the MWWR; the M~adow Wells are subject to an easement conveyed by Unocal to Soda by the Utility Easements Agreement dated even date herewith, recorded in the reel property records of Garfield County, Colorado, in Book lf2:J.. at page J~~ , Reception No. Sl/£33'1 . 8. Meadow Wells Pipeline. As used in this Agreement the Meadow Wells Pipeline refers to the existing 6-inch water pipeline conveyed by Unocal to Soda by Bill of Sale. Easements for the use, Operation and Maintenance of the - Meadow Wells Pipeline have been conveyed by easement of even date 5 I llllll lllll llllll lllll/ 1111111111111111111111111111111 5~5344 05/12/1999 12:34P 81129 P221 M RLSDORF 6 of 33 R 166.00 0 0.00 GRRFIELD COUNTY CO herewith, recorded in the real property records of Garfield County in Book ~~ at page , Reception No. III. Intake System Unocal has conveyed to Soda an easement for the use, Operation, Maintenance and improvement of the Intake System. Based on biological opinions and representations of certain agencies of the U.S. government, the Parties recognize that the Intake System possesses unique and special value because of the manner in which the Intake System has been treated for the purposes of implementing the Federal Clean Water Act and the Federal Endangered Species Act. The Parties recognize that the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service have treated the Intake System as an existing structure that was constructed and located in the Colorado River prior to the exercise of the U.S. Army Corps' jurisdiction over that part of the Colorado River under Section 404.of the Clean Water Act. The U.S. Fish and Wildlife Service has acknowledged that no Section 404 permit or Section 7 endangered species consultation is triggered solely by the act of Operating the Intake System. The Parties also recognize that any use, Operation, Maintenance or Improvement of the Intake System must be undertaken with care to avoid the triggering of any requirement for a permit pursuant to the Clean Water Act, a consultation under Section 7 of the Endangered Species Act or other federal involvement. Therefore, the Parties agree strictly to abide by the procedures and limitations set forth in this Agreement. A. Ooeration and Maintenance. 1. Soda shall Maintain the existing Intake System at its existing physical capacity, which is sufficient with the installation of additional or larger pumps, to divert the entire 123. 5 cfs of water rights decreed for di version at said Intake System. Subject to Unocal's right to Enlarge the diversion capability of the Intake System or to participate in any such Enlargement pursuant to section III. C. below, Soda may install pumps within portions of the Intake System to divert no more than 10 cfs of water. Soda may divert water through the Intake System other than the PPCWR obtained from Unocal; however, such other water may be diverted through the Intake system only to supplement the PPCWR so as to enable Soda to divert up to 10 cfs through the Intake System, the amount of PPCWR water Soda has obtained from Unocal. Specifically, such other water may be diverted through the Intake System only when the PPCWR water rights are out of priority or otherwise insufficient to provide the water needed by Soda up to 10 cfs. Any such pump shall be installed and operated in a manner that will not prevent Unocal from installing and operating larger pumps designed to divert all of the water which Unocal is entitled to divert at the Intake System in addition to the water Soda is 6 I llllll lllll llllll llllll 1111111111111111111111111111111 545344 05/12/1999 12:34P B1129 P222 M RLSDORF 7 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO allowed to divert. Soda shall use Industry Standards in the Operation and Maintenance of the Intake System, shall be responsible for performing all repairs to the Intake System and shall keep the Intake System in good operating condition. 2. Unocal retains the right to use the Intake System in the exercise of its Pumping Pipeline and other water rights and may use any Excess Capacity of pumps installed by Soda and any Excess Capacity of the Intake System that is not needed to deliver water for Soda's uses. If Unocal desires to use any such Excess Capacity, it shall give Soda Notice. Soda's response to Unocal's Notice shall indicate the amount and availability of any such Excess Capacity. If Unocal elects to use the Excess Capacity of the Intake System, it shall be responsible for a share of the costs of Operating and Maintaining the pumps during the period of such use by Unocal as set forth in section XI.S. below. 3. As part of its Maintenance and Operation obligation, Soda agrees to divert and use water through the Intake System at a rate of at least 4 cfs, and to Maintain the Intake System and pumps in sufficient operating condition so that the Intake System may be used instantaneously to divert water at the full capacity of any pumps that are in place at any time. 4. If any work associated with the Operation and Maintenance of the Intake System is expected to involve the discharge of dredge or fill material to waters of the United States, to require a permit under the Clean Water Act, to trigger the requirement of consultation with the U.S. Fish and Wildlife Service under Section 7 of the Endangered Species Act, or to otherwise involve federal, state or local permitting, consents or approvals, Soda shall give Notice to Unocal of the need for such work and shall obtain Unocal's written approval prior to undertaking such work. The purpose for requiring such written approval is to assure that such work will not jeopardize the treatment of the Intake System as existing structures for the purposes of environmental review pursuant to the Clean Water Act, the Endangered Species Act or other federal, state, .or looal environmental laws. If Unocal withholds its consent to such proposed work and Soda asserts that the withholding of such consent is not justified, the Parties shall attempt to negotiate a plan for such Operation and Maintenance that will avoid triggering such governmental involvement or, if governmental involvement is unavoidable, that will not jeopardize the treatment of the Intake System as existing structures for the purposes of environmental review. If the Parties are unable to agree, the matter shall be resolved in accordance with section XI.O. below. 7 11111111111111111111111111111111 lllllll Ill lllll llll llll 545344 05/12/1999 12:34P 81129 P223 M ALSDORF 8 of_ 33 R 166. 00 D 0. 00 GARFIELD COUNTY CO B. Costs. Except as provided in section III.A.2. above with respect to the use of Excess Capacity and in section III.C.l. below with respect to Enlargement, Soda shall be responsible for all costs associated with the Maintenance and Operation of the Intake System. Any costs associated with the Intake System used exclusively to provide water to Soda's Uses shall be borne solely by Soda. C. Enlarqement and Modifications. 1. The Parties acknowledge that no Enlargement of the Intake System is required to enable Soda to divert the amount of PPCWR that Soda obtained from Unocal. To the extent it is necessary for Soda to construct modifications of the Intake System in order to divert water at a rate lower than the design capacity of the Intake System as constructed, Soda shall provide Notice to Unocal together with plans and specifications for such proposed modifications and shall obtain Unocal's written approval prior to undertaking the construction of such modifications. Unocal' s approval of such modifications shall be for the purpose of assuring that (a) the modification will not jeopardize the treatment of the Intake System as existing structures for the purpose of environmental review, and (b) that the modification will not unreasonably interfere with Unocal' s ability to use the Intake System to divert the full amount of water which Unocal is entitled to divert at the Intake System. If Unocal withholds such consent, the Parties shall attempt to negotiate an acceptable solution that will allow Soda to divert water at the rate needed for its uses without jeopardizing the treatment of the Intake System as an existing structure for the purpose of environmental review and without unreasonably interfering with Unocal's ability to divert all of the water to which it is entitled at the Intake System. If the Parties are unable to agree on a mutually acceptable compromise, the matter shall be resolved in accordance with section XI.O. below. 2. When Soda proposes to install pumps within portions of the Intake System, it shall notify Unocal of the proposed capacity of such pumps, the cost of installing and operating such pumps, the anticipated rate at which Soda proposes to divert and use water, and the Excess Capacity of such pumps. Unocal may elect to require Soda to install pumps of greater capacity than those proposed by Soda, provided that Unocal shall be responsible for the cost of the additional incremental capacity in accordance with section XI.S. below. · 3. After the pumps have been installed, either Party may elect to Enlarge the pumping capacity at the Intake System by installing new or additional pumps. The Party electing to make 8 I lllill lllll llllll llllll llll llll lllllll Ill llllll Ill llll 545344 05112/1999 12:34P 61129 P225 M RLSDORF 10 'of 33 R 166. 00 D 0. 00 GARFIELD COUNTY CO IV. Pumping Pipeline. A. Ooeration and Maintenance. 1. Maintenance & Ooeration: Soda shall perform all necessary Maintenance of, and shall Operate, the existing Pumping Pipeline. Soda shall use Industry Standards in the Operation and Maintenance of the Pumping Pipeline, shall Maintain the Pumping Pipeline at a size and capacity no less than that existing on the effective date of this Agreement, and shall keep the Pumping Pipeline in good operating condition. The Maintenance and Operation of the Pumping Pipeline shall not impair Unocal's rights described herein to access and use the Pumping Pipeline and related water rights. Soda shall be responsible for all repairs to the Pumping Pipeline. Any replacement pipe shall be of a size and quality equal to or greater than the structures described on the "as built" drawing to be delivered to Soda pursuant to section XI.Z., below. 2. Reauired Use: As part Operation obligation, Soda agrees to use at a rate of 4 cfs, and to Maintain sufficient operating condition so instantaneously at its full capacity at of its Maintenance and the Pipeline periodically the Pumping Pipeline in that it may be used any time. 3. Unocal's Use of Pioeline: Unocal reserves the right to use the Excess Capacity in the Pumping Pipeline or other Facility associated therewith. Unocal' s right to use any such Excess Capacity shall be exercised in the same manner as that set forth in section III.A.2 above regarding use of Excess Capacity of the Intake System. Nothing in this Agreement shall be construed so as to limit in any way Unocal's right to use the Pumping Pipeline and water rights or any Enlargement thereof for any purpose, including without limitation the development of oil shale. B. Costs 1. All costs associated with the Maintenance and Operation of the Pumping Pipeline to deliver water to Soda's uses shall be borne by Soda. 2. Unocal shall be entitled to use any Excess Capacity in the Pumping Pipeline at no cost, provided that Unocal shall be responsible for any increased cost of Operation and Maintenance that results from Unocal' s use of Excess Capacity under the procedures and in the proportion as provided in section XI. S. below. 10 I 1111111111111111111111111111111 11111111111111111111111 S45344'05/12/1999 12:34P 81129 P226 M ALSDORF 11 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO C. Enlargement and Modifications 1. Enlargements: Either Party may Enlarge the Pumping Pipeline. Any Party so doing shall provide Notice to the other Party. The costs associated with such Enlargements shall be determined as set forth in section XI.S. below. Notwithstanding the foregoing, Sod.a shall be entitled to Enlarge the Pumping Pipeline, or to participate in such Enlargement, only to the extent necessary to divert and deliver up to 10 cfs of water as provided in section III.A.l above. 2. Modifications: Soda may make Repairs or Improvements to the existing Pumping Pipeline provided that first it provide Notice, so long as the Repairs or Improvements are designed to provide water which Soda has acquired from Unocal, and so long as such Improvements do not significantly impair Unocal's ability to use the Pipeline as provided in this Agreement. Such Repairs and/or Improvements shall be at Soda's sole expense and shall not unreasonably interfere with the exercise by Unocal or its successors of its water rights. V. Irrigation Ditches The provisions of this section V apply to the various irrigation ditches described in sections II.B.3 through 6 above. A. Parachute Ditch 1. Ditch Characteristics: The Parties acknowledge that the Parachute Ditch headgate is located on property retained by Unocal, and that the Parachute Ditch crosses land owned by each of the Parties. Both Parties own water rights associated with the Parachute Ditch. 2. Unocal's Interest: Unocal shall have the right to change the point of d-iversion, place of use or manner of use of any of its retained water rights associated with the Parachute Ditch, and Soda agrees that it will consult in good faith with Uno~al prior to opposing any action by Unocal to change any of Unocal's water rights or prior to filing a statement of opposition to any water court application seeking approval of such a change. Unocal retains a proportionate interest in the Parachute Ditch, the headgate, and related Facilities in the proportion that the amount ·of Unocal' s retained water rights bears to the total amount of water rights adjudicated for diversion in the Parachute Ditch. 3. Use of Headgate: Soda shall Operate and Maintain the Parachute Ditch in order to exercise any water rights associated therewith that were acquired from Unocal. Unocal shall have the right to construct, Operate and Maintain any measuring 11 1111111111111111111111111111111111111111111111111111111 54~344 05/12/1999 12:34P 81129 P227 M ALSDORF 12 oF 33 R 166.00 D 0.00 GARFIELD COUNTY CO device, turn-out or other structure that may be required to administer a change of Unocal's water rights diverted through the Parachute Ditch. 4. Costs: The costs of Maintaining and Operating the Parachute Ditch and headgate shall be borne by Soda unless Unocal exercises any of its water rights associated therewith through the Parachute Ditch. In such a case, the costs shall be shared as provided below in section XI.S. Unocal shall be responsible for the cost of constructing, Operating and Maintaining any structure that is required solely for the purpose of administering a change of Unocal's water rights. B. Cornell and Daisy Ditches 1. Ditches: Unocal has certain rights in the Cornell and Daisy Ditches, which ditches are located on Soda's property and described in sections II.B.4 and II.B.5 above. 2. Maintenance and Operation: Soda shall Maintain and Operate all ditches and related facilities on Soda's property. 3. Unocal's Interest: Unocal has the right to change the point of diversion, place of use or manner of use of any of its retained water rights in the Cornell Ditch and Daisy Ditch, and Soda agrees that it will consult in good faith with Unocal prior to opposing any action by Unocal to change any of Unocal' s water rights or prior to filing a statement of opposition to any water court application seeking approval of such a change. Unocal retains a proportionate interest in the Cornell Ditch and Daisy Ditch, the headgates, and related Facilities in the proportion that the amount of Unocal's retained water rights bears to the total amount of water rights adjudicated for diversion in the Cornell Ditch and Daisy Ditch. 4. Access to and Use of Headgate: ·Unocal shall have the right to construct, Operate and Maintain any measuring device, turn-out or other structure on either the Cornell Ditch or Darsy Ditch that may be required to administer a change of Unocal' s retained water rights. 5. Costs: The costs of Maintaining and Operating the Cornell Ditch and Daisy Ditch and headgates shall be borne by Soda unless Unocal exercises any of its water rights associated therewith through the Cornell Ditch and Daisy Ditch. In such a case, the costs shall be shared as provided below in section XI.S. Unocal shall be responsible for the cost of constructing, Operating and Maintaining any Facility that is required solely for the purpose of administering a change of Unocal's water rights. 12 1111111' Hiil llllll llllll 1111111111111111111111111111111 S45344 05/12/1999 12:34P 81129 P228 M ALSDORF 13 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO C. Ditches on Unocal Property 1. Ditches: Soda has certain rights to Ditches on Unocal Property. 2. Maintenance and Operation: Unocal shall have the right to Maintain and Operate the Ditches on Unocal Property and related Facilities. Unocal shall be under no obligation to use or Maintain the Ditches on Unocal Property and related Facilities to any standard, and Unocal may elect not to Maintain or to use any part or all of the Ditches on Unocal Property and related Facilities at any time. Soda shall have no rights in the Ditches on Unocal's Property or related Facilities except to the extent necessary to access and use the headgates as described in the following subsection V.C.3. 3. Headgate Maintenance: By Water Structures Agreement of even date herewith, recorded in the real property records of Garfield County in Bookl/l,CI at Page J..t;J, , Reception No. Si/S 3'13 , Unocal has granted an easement to Soda, its successors and assigns to access, use, Operate and Maintain the headgate, ditch and other Facilities associated with delivery of the PCWR. The easement to access and use the headgate, ditch and other Facilities across land owned by Unocal with respect to the Ditches on Unocal Property is limited to that reasonably necessary for the construction, U:se, Operation and Maintenance of a turn out structure and measuring device at each headgate if and as required under the provision of paragraph 3(I) on pages 39-40 of the decree in Case No. W-2206, District Court, Water Division Five. Soda's use of such Facilities shall not interfere with the continued use of the Ditches on Unocal Property for irrigation of lands owned by Unocal under water rights other than those which have been conveyed to Soda. 4. Change of Water Rights: Soda agrees that it will consult in good faith with Unocal prior to opposing any action by Unocal to change any of Unocal's water rights or prior to filing a statement of opposition to any water court application seeking approval of such a change. • 5. Lease of Water Rights: In any year in which Soda will not be using any portion of its PCWR for industrial use, as evidenced by Notice given to the water commissio.ner, Soda will give Notice to Unocal. Unocal shall then have the right to lease back the PCWR for irrigation and/or other purposes pursuant to the First Amendment to the Puckett Lease of even date herewith. VI. Meadow Wells Facilities The provisions of this section VI apply to the wells described in section II.B.7 above. 13 111111111111111111 llllll 1111111111111111111111111111111 54?344 05/12/1999 12:34P 81129 P229 M ALSDORF 14 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO A. Water Delivery Agreement. Soda agrees to deliver to Unocal up to 500,000 gallons of water per year water from the Meadow Wells as is required for Unocal' s office and mine and retort site through the existing service line and storage tank. This water will be delivered to Unocal's existing storage tank at no cost to Unocal. If Soda uses the existing tank to deliver water for its uses, it shall maintain the operating level of the tank at least 50% full at all times. If Soda bypasses the tank in the delivery of water to its uses, Soda shall check the water level in the tank at least quarterly; Soda shall re-fill the tank each time it checks the water level or any time reasonably requested by Unocal. Additionally, Soda shall check the tank's water level after each instance in which the tank's water supply is used for fire protection purposes; if the level is below 50% capacity at any such time, Soda shall re-fill the tank. Soda will be obligated to provide water to the building from other sources if the wells are shut down for any reason; such substituted water shall be of equal quality as the water produced from the Meadow Wells. B. Ooeration and Maintenance. Soda shall Operate and Maintain the Meadow Wells at its sole expense. VII. Meadow Wells Pipeline The provisions of this section VII. apply to the Meadow Wells Pipeline described in section II:B.8 above. A. Excess Caoacity Unocal shall have the right to use the Excess Capacity in the Meadow Wells Pipeline that is not needed for the delivery of water to Soda's Uses. Excess Capacity will be determined by water use records to be kept by Soda and reported to Unocal pursuant to section X.C. below. Unocal shall give Notice.of its intent to use Excess Capacity. B. Exoansions and Modifications 1. Enlargements: Either Party may elect to Enlarge the Meadow Wells Pipeline. Any Party who so elects shall give Notice not less than thirty (30) days prior to ~he proposed commencement of such work. The other Party may elect to participate in such an Enlargement by responding and sharing costs of such Enlargement as provided in section XI.S. below. 14 111111111111 1111111111111111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P230 M ALSDORF 15 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO 2. Modifications: Soda may make Improvements to the existing Meadow Wells Pipeline, provided that it shall first provide Notice. Such Improvements shall be at Soda's sole expense and shall not unreasonably interfere with Unocal' s use of its existing Facilities or Soda's obligation to provide water thereto pursuant to section VI.A., above, or with Unocal's exercise of its water rights. If any Improvement requires interruption of the water supply to Unocal' s building or retort site, Soda shall provide an alternative water supply to Unocal at Soda's cost. C. Cost All costs of Maintenance and Operations of the Meadow Wells Pipeline shall be borne by Soda, unless Unocal elects to participate in an Enlargement or to use Excess Capacity thereof as provided herein. In either of those events, Unocal shall be responsible for any increased costs of Operation and Maintenance that result from Unocal' s use under the procedures and in the proportion as provided in section XI.S. below. D. Maintenance & Ooerations All Maintenance and Operations of the Meadow Wells Pipeline shall be performed in accordance with Industry Standards, and will be in keeping with the goals of the Parties hereunder, including but not limited to the mutual obligations of non- interference in section XI. X., below. · VIII. Parachute Creek Reservoir A. Chancre Aoolications Soda agrees to provide Notice to Unocal not less than 30 days prior to. filing any application to change any of its PCRCWR. This Notice will include a copy of Soda's proposed application, and Unocal shall have an opportunity within the period set forth above to review and comment on the application prior to its being filed. Unocal shall have the right, at its option, ~o join the application as a co-applicant. Any change sought shall not interfere with Unocal' s development of the Parachute Creek Reservoir and its related water rights. Unocal shall have the right to approve any change application to ensure that it complies with this section. B. Diliaence Activities Soda agrees to cooperate with Unocal action (s) necessary to maintain the conditional PCRCWR, or to make absolute any conditional PCRCWR. 15 in taking any status of all The obligation l llllll lllll llllll llllll llll llll lllllll Ill llllll Ill llll 545344 05/12/1999 12:34P 81129 P231 M ALSDORF 16 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO shall continue until Soda has obtained a decree making absolute all of its PCRCWR. C. Water Court Aoolications 1. Unocal and Soda shall jointly file Diligence Applications when due, shall provide information to one another as necessary to complete and to prosecute the Diligence Applications, and shall share the cost of pursuing such Diligence Applications per capita. 2. Neither Party shall initiate its own separate application for making absolute any portion of any of the PCRCWR. Instead, the parties shall apply for such a finding ( s) as co- applicants at the end of the diligence period immediately following the performance of the actions by which such Party claims to have made absolute its portion of such PCRCWR. D. Right to Sever Uoon Making Conditional Rights Absolute. Whenever one Party obtains a decree from a court of competent jurisdiction making absolute any conditional Parachute Creek Reservoir Water Rights, the other Party agrees to quit-claim a divided interest in such absolute Water Right(s) to the Party whose actions formed the basis for obtaining such an absolute decree. E. Unocal's Right to Partition. Unocal retains the right to partition the Parties' undivided interests in any of the PCRCWR conveyed herein and to convert such undivided interests into divided interests. F. Soda's Right to Construct Storage Facilities. Soda may construct s~orage facilities for its PPRCWR at a location other than that originally decreed for the Parachute Creek Reservoir in.Case No. 252, District Court, Water Division No. 5. If Soda so chooses, it shall provide Notice to Unocal and shall be responsible for obtaining all approvals and decrees for so doing. IX. Conditional Water Rights Associated with the Pumping Pipeline A. Diliaence Activities Soda agrees to use best efforts in performing Diligence Activities relating to the PPCWR, and to cooperate with Unocal in performing Unocal' s Diligence Ac ti vi ties. Soda acknowledges an affirmative obligation to take all reasonable steps to fully use 16 11111111111111111111111111111/ll lllllll Ill llllll Ill llll 54~344 09/12/1999 12:34P 81129 P232 tt RLSDORF 17 of 33 R 166.00 0 0.00 GARFIELD COUNTY CO its PPCWR. This obligation shall continue until Soda has obtained a decree making absolute all of its PPCWR. B. Water Court Applications 1. Unocal and Soda shall jointly file Diligence Applications when due, shall provide information to one another as necessary to complete and to prosecute the Diligence Applications, and shall share the cost of pursuing such Diligence Applications per capita. 2. Unocal shall have the right, at its option, to prepare, file, prosecute, and retain control over the Diligence Application(s). The costs of prosecuting all water court applications contemplated hereunder shall be shared per capita among all Parties participating therein. Soda consents to entry of a decree continuing Unocal's conditional rights, even if Soda's portion is made absolute, and agrees to assist Unocal is obtaining such a finding of diligence. C. Substitution of Water Riahts 1. Unocal retains ownership of the entirety of the 5. 93 cfs absolute water rights related to the Pumping Pipeline ("Pumping Pipeline Absolute Water Rights") . If the Parties are unable to obtain a finding of reasonable diligence or judicial approval for use in conjunction with Soda's Uses for any part of Soda's 8.9% undivided interest in the PPCWR, and Soda nevertheless is able to proceed with its proposed project, Unocal shall convey to Soda an additional undivided interest in the remaining PPCWR so that Soda's interest remains the equivalent of 10 cfs. If a court of competent jurisdiction determines that Soda is not entitled to divert 10 cfs under Soda's conditional water rights, Unocal shall convey to Soda an equivalent amount of Unocal's Pumping Pipeline Absolute Water Rights (but only up to the 5.93 cfs absolute amount owned by Unocal). Further, if Soda is unable to demonstrate compliance with the Federal Endangered Species Act for its proposed project, and such failure is due solely to the fact that Soda proposes to use a portion of the PPCWR rather than the Pumping Pipeline Absolute Water Rights, then Unocal shall, at Soda's option, exchange an equivalent amount of the Pumping Pipeline Absolute Water Rights (up to 5.93 cfs) with Soda for Soda's portion of the PPCWR. 2. Soda shall give Notice t? Unocal of its right and desire to obtain the substitution of water rights described above. With this Notice, Soda shall make available to Unocal all records of Diligence Activities undertaken by Soda during the preceding diligence period. Upon a showing that Soda is entitled to such absolute water rights, Unocal shall quit claim said water rights 17 I llllll ll.111111111111111111111111111111 /II llllll Ill 1111 545344 05/12/1999 12:34P 81129 P233 M ALSDORF 18 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO within thirty (30) days. Notwithstanding the foregoing, if Unocal reasonably believes, based upon all available evidence, that the failure to make absolute any of the PPCWR hereunder is a result of Soda's lack of Diligence Activities, or if Soda has failed to keep adequate records to substantiate its claim hereunder, or otherwise is not entitled to a substitution of water rights as described above, Unocal shall so respond in the time allowed in section XI.A. for such responses, and Unocal shall be relieved of the obligation to convey any Absolute Water Rights hereunder. If Soda disputes Unocal's determination, the Parties shall resolve the dispute as provided for in section XI.O. below. D. Right to Sever Upon Making Conditional Rights Absolute Whenever one Party obtains a decree from a court of competent jurisdiction making absolute any portion of the 112.57 cfs of conditional Pumping Pipeline water rights, the other Party agrees to quit-claim a divided interest in such absolute water right ( s) to the Party whose actions formed the basis for obtaining such an absolute decree. X. Operation of the Water Rights A. Order of Use Soda agrees to use its water rights in the following priority: first, it will use the Pumping Pipeline Conditional and/or Absolute Water Rights acquired pursuant to IX. c. above; second, to the extent that those rights are out of priority or insufficient, Soda next will use the RFHCUC; third, Soda will use its PCWR; fourth, Soda may use such other water rights as allowed hereunder and that Soda deems necessary to protect its interest in the PPCWR; and finally, Soda will use its PCRCWR. B. Parachute Creek Irrigation Rights as "Back-Up" The PCWR shall be used only when there is insufficient water available in priority under the PPCWR and RFHCUC to satisfy Soda's requirements. To the extent that PCWR are unused by Soda in any year, Unocal shall have the right to lease any of these water rights as provided in section V. C. 5 above. The determination regarding whether the PCWR will be used in any year will be made at the time Soda notifies the water commissioner of its intent to use Pumping Pipeline Conditional or Absolute Water Rights, RFHCUC, or PCWR pursuant to the decree in Case No. W-2206. C. Accounting and Reporting Soda agrees to maintain adequate records so as to determine the extent of use of all water rights that are the 18 111111111111111111 111111111111111111111111111111 Ill 1111 545344 05/12/1999 12:34P 61129 P234 M ALSDORF 19 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO subject or Unocal of additional this Agreement. Soda shall provide a report annually to its water use. In addition, Unocal may request reports, but no more frequently than quarterly. D. Unocal's Use of Water Rights and Facilities Soda agrees that Unocal may continue to use its water rights for all decreed purposes, and may continue to operate its water rights and Facilities as it historically has done so, except as otherwise provided herein. E. Future Sales of Water Riahts by Soda Soda acknowledges that all of the water rights acquired from Unocal are subject to a right of first refusal in favor of Unocal. F. Excess Caoacity The use of Excess Capacity herein by any Party shall be only for so long as the Party with the primary right to use the Facility is not using that Excess Capacity, and such use does not give the other Party a vested permanent right to the use of the Excess Capacity. As of the date of execution of this Agreement, Soda is the party with the primary right to use the 4 c.f.s. capacity in the Pumping Pipeline and all of the capacity of the Meadow Wells Pipeline. G. Diligence Aoolications 1. Unilateral Actions: Either Party may individually file any Diligence Application contemplated hereunder if, after giving Notice to the other Party regarding the intent to file such a Diligence Application, the other Party does not respond to the Notice within 60 days. All costs incurred as a result of such an individual filing shall be borne by the filing Party. 2. Failure to Obtain a Finding of Reasonable Diligence: Failure by either Party to obtain a decree finding reasonable diligence in the development of any conditional water right as contemplated hereunder, with the result that such a conditional water right is deemed abandoned, shall not establish or create liability by that Party to the other Party. H. Recharge Program In Case Nos. 87CW302 and 95CW293, District Court, Water Division No. 5, Unocal obtained decrees that allow Unocal to divert and use up to 10.0 c.f.s. of water from the Davenport Ditch (4.8 c.f.s. absolute, 5.2 c.f .s. conditional) and up to 10.0 c.f .s. of 19 I llllll lllll lllll/ 1111111111111111111111111111111111111 S4S344 0~/12/1999 12:34P 81129 P235 M ALSDORF 20 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO water from the West Fork Ditch (1.9 c.f.s. absolute, 8.1 c.f.s. conditional) to recharge the alluvial aquifer underlying the Meadow Wells, which recharged water is to be diverted and used through those Meadow Wells ("Recharge Program") . The Recharge Program described herein is int·ended to operate during the nonirrigating season. The Parties agree to cooperate to operate this Recharge Program, and Soda agrees to cooperate with any of Unocal's lessees, partners, or other designees to operate this Recharge Program. However, nothing herein is to be construed as granting Soda any property interest in the lands onto which the recharge water is applied, and the operation of the Recharge Program shall not interfere with other uses of that land, including but not limited to agricultural uses. Soda agrees to indemnify Unocal in accordance with section XI.R. below for any property damage, crop loss, or other damages or losses which result from Soda's operation of the Recharge Program. XI. General Provisions A. Notices: 1. Manner of Delivery: All Notices required under this Agreement shall be in writing and shall be hand delivered, or sent by overnight courier, registered or certified U.S. mail, or telegram delivered to the address of the Party to whom Notice is being given as set forth below. 2. Receipt of Notices: Any Notice shall be deemed effective when hand delivered, or one day after timely delivery (as evidenced by receipt from the overnight courier) to an overnight courier for next day delivery, or three days after the delivery (as evidenced by receipt from the U.S. Postal Service) by registered or certified mail. 3. Contents of Notice: Any Notice required hereunder shall describe t'he action or activity that is the subject of the Notice with sufficient detail so as to allow the ·other Party to determine the nature, location, timing, reasons, and costs of the action or activity. 4. Response: Unless otherwise provided herein, any response to a Notice required by this Agreement shall be delivered to the noticing Party no later than thirty (30) days after receipt of the Notice. Every response required hereunder shall be delivered in the same manner as provided herein for Notices. Unless otherwise provided, failure to timely respond shall be deemed a consent to and/or approval of the subject matter of the Notice. If the Notice is given for the purpose of allowing for participation by the Party receiving Notice in a project under this Agreement, failure to respond shall constitute a refusal to and 20 111111111111111111111111 1111111111111111111111111111111 ~4~344 0~/12/1999 12:34P 81129 P236 M ALSDORF 21 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO waiver of any right to participate in such a project and a consent to the noticing Party to proceed in accordance with the Notice. 5. Addresses: If to Unocal: Union Oil Company of California Attn: Luis N. Weiss 376 South Valencia Avenue Brea, California 92823 With copies to: Union Oil Company of California Attn: Mary A. Parish, Esq. 376 South Valencia Avenue Brea, California 92823 Jacobs Chase Frick Kleinkopf & Kelley, LLC Attn: Kevin H. Kelley, Esq. 1050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 If to Soda: American Soda, L.L.P. Attn: Kurt R. Nielson 710 Cooper Street Glenwood Springs, Colorado 81602 With copies to: Balcomb & Green Attn: Scott Balcomb, Esq. P.O. Drawer 790 Glenwood Springs, Colorado 81602 The Williams Companies, Inc. Attn: Martin Flusche One Williams Center, 22nd Floor Tulsa, Oklahoma 74172 6. Change of Address: Any Party may change its address for Notice by advising the other Party in writing of such change, and until the other Party is so advised, it will be entitled to continue sending Notices to the last address it is advised of in writing. . 21 1111111 lllll llllll 1111111111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P237 M ALSDORF 22 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO B. Amendments This Agreement may not be amended, modified, revoked, or terminated, except by a written instrument duly executed by the Parties. C. Captions The captions appearing in this Agreement have been inserted as a matter of convenience and for reference only; they in no way define, limit, or ·enlarge the scope or meaning of this Agreement or any of its provisions. D. Governing Law This Agreement shall be construed in accordance with the laws of the State of Colorado. E. successors/Assigns Soda's rights and obligations set forth herein are not assignable without the express written consent of Unocal. Nothing in this Agreement shall adversely affect Unocal's right or ability to transfer, sell, lease, assign, or otherwise convey any of its retained water rights or facilities. Any reference to "Unocal" in this Agreement is understood to include Unocal' s successors, assigns, transferees, lessees, or partners with respect to any of the water rights or facilities retained by Unocal. Any such successor in any part of Unocal's retained water rights or facilities that are addressed in this Agreement may, at Unocal's election, become a Party to this Agreement. F. Entire Agreement This Agreement is one of many documents between or for the benefit of the parties hereto, which documents are dated as of the date hereof and all of such documents together constitute the entire agreement between Unocal and Soda concerning the subj~ct matter of this Agreement, and it supersedes any prior agreements between Unocal and Soda concerning the subject matter thereof. G. Partial Invalidity If for any reason any term, obligation, or condition of this Agreement, or the application thereof to any person or circumstance, is to any extent held or rendered invalid, unenforceable, or illegal, then such term, obligation or condition shall be deemed to be independent of the remainder of the Agreement and to be severable and divisible therefrom, and its invalidity, unenforceability, or illegality shall not affect, impair, or 22 11111111111! llllll 1111111111111111111111111111111111111 54~J44 05/12/1999 12:34P 81129 P238 M RLSOORF 23 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO invalidate the remainder of the Agreement or any part thereof. The remainder of the Agreement not affected, impaired, or invalidated will continue to be applicable and enforceable to the fullest extent permitted by law against any person and circumstance other than those as to which it has been held or rendered invalid, unenforceable and illegal. H. Attorney Fees Notwithstanding anything to the contrary contained in this Agreement, if either Party institutes legal proceedings against the other with respect to this Agreement, the non- prevailing Party shall pay to the prevailing Party an amount equal to all attorney fees and disbursements and all other costs and expenses incurred by the prevailing Party in connection therewith. I. Counteroarts This Agreement may be executed in counterparts, each of which, when executed, shall be deemed an original and all of which together will be deemed one and the same instrument. J. Exhibits All Exhibits attached hereto and incorporated herein, either at the date of execution hereof or by subsequent Agreement between the Parties, are made a part hereof. K. No Relationship Nothing contained herein and no act by the Parties in the performances of, or in any way related to, this Agreement will be construed to create or evidence in any manner any partnership, agency or joint venture relationship between the Parties hereto. L. Interoretation Each Party has reviewed this Agreement, has been and continues to be represented by counsel, and any question of doubtful interpretation shall not be resolved by any rule or interpretation against the drafting Party. M. Time Time is of the essence of each provision of this Agreement. 23 111111111111 JI/Ill llllll llll llll lllllll /111111111111111 5453q4 05/12/1999 12:34P 81129 P239 M ALSDORF 24 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO N. No Third Party Beneficiaries Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties hereto and their respective successors and assigns, if any, nor shall any provision give any third Parties any right of subrogation or action against any Party to this Agreement. 0. Disoute Resolution Any dispute under this Agreement shall be decided by binding arbitration in accordance with the rules of the American Arbitration Association (the "AAA") in effect as of the date of this Agreement. Such dispute shall be submitted to a panel of three arbitrators, selection of whom shall be made as follows: 1. Within seven business days after written Notice for arbitration by either Party upon the other Party, each Party shall designate one member to the Board of Arbitration ("Board") . The arbitrators shall each be experts in commercial industrial transactions involving real estate and water rights with, if possible, no less than fifteen years' substantial experience arbitrating disputes in Colorado with respect to such areas of law. 2. The two arbitrators shall thereupon endeavor to select a third arbitrator meeting the qualifications described in section XI. O .1 above. If they are unable to agree on such selection, the third arbitrator shall be selected from a list of names supplied by the AAA as meeting the qualifications described in section XI.0.1 above, from which the two selected arbitrators shall alternately strike a name until the last remaining name shall be the third arbitrator. Such selection shall be completed within thirty business days after the request for arbitration. The arbitrators shall follow the statutory and decisional law of the State of Colorado at all times during any arbitration performed pursuant to this section XI.O. • The Parties agree that the determination of the arbitrators and award, if any, may be entered with any court having jurisdiction and the determination and award, if any, may then be enforced among the Parties, without further evidentiary proceedings, as if entered by a court at the conclusion of a judicial proceeding in which no appeal w~s taken. The initials here: Unoca~ Parties agree to Soda ~ 24 arbitration by placing their 1111111 11111.111111 1111111111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P240 M ALSDORF 25 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO P. Work Performed Any work to be performed under this Agreement shall be of workman-like quality, equal to or superior to Industry Standards, sufficient to carry out the intention of the Parties hereunder. Q. Further Assurances The Parties agree to execute any other agreements or documents necessary to carry out the intent of the Parties as expressed in this Agreement. R. Indemnity. (1) Definitions. (a) "Soda Group" is Soda and its partners, American Alkali, Inc. and Williams Sodium Products Company, and The Williams Companies, Inc. and their respective parents, subsidiaries, and affiliated companies and their respective employees, officers, directors, representatives, independent contractors, consultants, servants and agents and their respective predecessors and successors in interest and assigns, excluding Unocal, its parent, subsidiary, affiliated and successor companies, and all of their respective directors, officers, employees and agents ("Relevant Persons", or individually "Relevant Person"). · (b) "Claim" is a Loss arising from or in any way associated with: acts or omissions of Soda Group with respect to, or occurring on, the property, water rights, and/or facilities that are the subject of this Agreement ("Property") ; Soda Group's control, use, possession, or operation of the Property; or Soda Group's performance or non-performance of any obligation under this Agreement, including, but not limited to: (A) the death or injury of any person or persons, including, without limitation, any member of the Soda Group; (B) the damage or destruction of any Property; (C) the violation or alleged violation of any federal, state, local., or municipal law, rule, regulation, order, judgment, decree or other requirement, including, without limitation, requirements under permits, licenses, consents and approvals; (D) the existence, assessment or remediation of Contamination upon, under, in or emanating from, the Property; (E) emissions, discharges, releases or threatened releases, or the presence, generation, manufacturing, processing, distribution, use, treatment, storage, disposal, transport, labeling, advertising, sale, display or handling, of Contamination; (F) any special, indirect or consequential damages (including but not limited to claims for loss of use, rents, anticipated profit or business opportunity, or business interruption, diminution in value, or mental or emotional distress or fear of injury or illness, trespass, nuisance or otherwise); (G) 25 I 111111 11111 111111 111111 111111111111111111 1111111111111 545344 05/12/1999 12:34P 81129 P241 M RLSDORF 26 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO any response costs any Relevant Person or the Soda Group may incur with respect to the Property under any Environmental Laws; or (H) any cause of action or theory of any kind as a result of, in connection with or in any way related to, operation of the Property by Soda Group. Claims do not extend to matters determined by final nonappealable judgment to have been caused by negligence or willful misconduct of a Relevant Person occurring as a result of the exercise by Unocal of its retained rights herein after the date hereof. (c) "Contamination" is any hazardous or toxic material, substance, chemical, waste, contaminant, emission, discharge or pollutant or comparable material listed, identified or regulated pursuant to any federal, state or local law, ordinance or regulation which has as a purpose the protection of health, safety or the environment, including but not limited to petroleum, petroleum products, oil shale, synthetic crude oil, natural gas, methane or wastes derived from any of the foregoing. (d) "Environmental Laws" mean any local, state or federal law, rule or regulation pertaining to or which has as a purpose the protection of health, safety or the environment, and include, without limitation, the Resource Conservation and Recovery Act, 42 U.S .c. Section 6901, et seq., as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. Section 9601, et seq., as amended, the Colorado hazardous waste, hazardous substance clean-up and underground storage laws, as amended, C.R.S. 25-15-101, et seq., 25-16-101, et seq., as amended, and any superlien or environmental clean-up statutes. (e) "Loss" is any and all claims, suits, proceedings, actions, demands, liabilities, obligations, damages, penalties, fines, costs and expenses (including, without limitation, fees and disbursements of attorneys and consultants) . (2) Indemnity. Soda, for itself and shall release, indemnify, defend, Relevant Person from any Loss or against or incurred by the Relevant all members of the Soda Group, save and hold harmless each Claim by any party asserted Person. In the event this indemnity is judicially determined to exceed that permitted by applicable law, then such indemnity shall be construed so as to preserve the maximum indemnity permitted thereby. This indemnification shall survive termination of this Agreement. This indemnity is in addition to, not in lieu of or as a substitution for, any and all other indemnities given by Soda to Unocal as of the date hereof. 26 I llllll lll/11111111111111111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P242 M ALSDORF 27 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO S. Costs. 1. Specific Provisions Control. Whenever a specific section of this Agreement addresses costs, such specific provision shall supersede the provisions of this subsection. 2. Work Benefitting One Party. Whenever any work is performed solely for the benefit of one Party, that Party shall pay all costs associated with such work. Work shall be deemed to benefit one Party whenever the work is performed without written acknowledgement by both Parties that the work is benefitting both Parties and that the Parties will share the costs associated therewith. 3. Operation and Maintenance. Whenever costs are incurred for the Operation and Maintenance of Facilities used by both Parties, the Parties shall share the costs of such Operation and Maintenance in proportion to their respective use of water rights associated therewith, the numerator indicating a Party's use of the relevant water rights and the denominator indicating the total amount of water rights used therewith. 4. Enlargements. Whenever the Parties agree to jointly Enlarge any Facility, each Party shall pay a share of the costs of such Enlargement in proportion to the amount of such Enlargement to be used by that Party, the numerator being that Party's portion of the Enlargement and the denominator indicating the total size of the Enlargement. 5. Timing of Payment. • Unless otherwise agreed by the Parties, all costs payable by one Party to the other Party shall be paid within thirty (30) days after completion of the work. 6. Mechanic's Liens. a. Payment for work. Soda shall promptly pay all costs for work done by it or caused to be done by it to any Facility used by Unocal. Soda shall keep such Facilities free and clear of all mechanic's liens and other liens on account of work done for Soda or persons 27 I llllll lllllJlllll llllll 1111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P243 M ALSDORF 28 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO claiming under it. Should any such liens be filed or recorded against such Facilities or any action affecting the title thereto be commenced, Soda shall give Unocal immediate written Notice thereof. Soda shall thereafter cause such liens to be removed of record within 30 days after the filing of the liens. If Soda desires to contest any claim of lien, it shall furnish Unocal with security satisfactory to Unocal of at least 125% of the amount of the claim, plus estimated costs and interest. If a final judgment establishing the validity or existence of a lien for any amount is entered, Soda shall immediately pay and satisfy the same. b. Security. If Unocal estimates that the cost of any work to be performed by Soda will exceed $50, 000, Unocal may require Soda to furnish Unocal with a lien and completion bond or bank letter of credit satisfactory to Unocal in an amount equal to 125% of Unocal's estimate of the cost of the work, as security for completion of the work and the payment of all contractors and suppliers engaged by Soda in connection with such work, unless Soda delivers similar or greater security to any governmental authority. T. Insurance 1. Types of Insurance: Soda shall maintain, at its sole cost and expense, the following insurance, in the amounts specified below or in such other amounts as Unocal reasonably requires: a. Commercial general liability insurance occurrence form, with a primary limit of st least $2,000,000 per occurrence, and $4,000,000 in the aggregate per policy period, supplemented by umbrella excess liability insurance with a limit of not less than $10, 000, 000 per occurrence. This insurance must include: (1) Subcontractors' contingent liability, premises operations, personal injury, contractual liability, products/completed operations hazard and broad form property damage coverages; and 28 I lllill lllll.llllll llllll 1111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P244 M RLSDORF 29 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO (2) Provisions for severability of interest. b. Property insurance covering all Facilities covered by this Agreement in an amount not less than the full replacement cost thereof, without deduction for depreciation, providing protection against any peril included within the classification "special form" insurance. This insurance may be subject to a deductible of not more than $10,000 and, if required by Unocal, must contain the standard mortgage clause of any lender holding a mortgage, deed of trust or other security interest in the Intake System. c. Comprehensive automobile liability insurance or business auto policy covering all owned, hired, or otherwise operated non-owned vehicles with a minimum combined single limit of $2,000,000 per occurrence for bodily injury and property damage. d. Workers' compensation insurance as required by law. e. Any additional insurance that Unocal may reasonably require. In addition, Soda shall cause all of its independent contractors and their subcontractors who have access to the any property owned by Unocal to carry similar insurance in similar amounts, and such other insurance that Unocal may reasonably require. 2. Additional Insureds. All policies of liability and property insurance maintained by Soda under this Agreement shall name Unocal, its parent, subsidiary, affiliated and successor companies, and all of their respective directors, officers, employees and agents, and such other persons as Unocal reasonably requires as additional insureds. Executed copies of such policies or certificates thereof shall be delivered to Unocal prior to Soda's performance of activities allowed pursuant to this Agreement, and thereafter at least 30 days prior to the expiration of the term of each such policy or at such other times as Unocal reasonably requests. 3. Comoanies and Forms. Soda shall maintain the insurance policies it is required to maintain under this section with insurance companies and on forms reasonably acceptable to Unocal. The policies shall require at least 30 days' written Notice sent by registered or certified mail to Unocal before any 29 11111111111! 1111111111111111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P245 M ALSDORF 30 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO cancellation or material change that reduces or restricts the insurance. U. Control of Access Whenever in this Agreement Soda is to perform Maintenance, Operations, or any other activity on property {real or personal) owned in whole or in part by Unocal, or is to enter upon property owned by Unocal in the exercise any of its rights hereunder, Soda shall be responsible to keep such property secure from trespassers, intruders, and all other persons not Parties hereto. Soda will be liable for all damages and loss .resulting from the acts of such others, including property damage, dumping, injury, and any and all other loss and damage. Also, Soda shall prohibit and not allow hunting or fishing or any use of firearms, bows and arrows, and other weapons. Soda shall prohibit and not allow the consumption or use of alcohol or drugs on any of Unocal's property by any of Soda's employees, contractors, agents, or other persons acting through Soda during the term of this Agreement. V. Compliance with Aoplicable Law All actions and activities conducted under this Agreement shall be done in compliance with all applicable federal, state, and local laws, rules, and regulations. W. Remedies for Default/Rioht to Cure In the event of any material breach of any term of this Agreement, the non-breaching Party will have all rights and remedies available at law or in equity. Notwithstanding the foregoing, in the event of any breach, the non-breaching Party shall give Notice of said breach to the breaching Party. The breaching Party shall have no more than thirty (30) days to cure such breach. If Soda fails to Maintain, repair or replace any of the Facilities to the standard required under any provision of this Agreement, or fails to perform or observe any other covenant -or condition to be performed or observed by Soda under this Agreement, Unocal may, but is not obligated to, do the same at Soda's cost and expense. Soda shall reimburse Unocal for any such cost or expense immediately upon receipt of written Notice and demand therefor under section XI.A. If circumstances so dictate, Unocal's right to self-help provided for herein may be exercised prior to the thirty (30) days allowed the breaching Party to cure. X. Covenant of Non-Interference Each Party agrees to not to interfere unreasonably same as contemplated herein. use its rights and Facilities so as with the other Party's use of the If any action of one Party may 30 I llllll lllll llllll llllll llll llll lllllll Ill llll lllll llll 545~44 05?12/1999 12:34P 81129 P246 M ALSDORF 31 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO interfere with the other Party's use of any rights or Facilities (such as the temporary interruption of the water supply to the other Party), the acting Party shall give Notice. The Parties shall attempt to negotiate and implement a plan of Operation that will minimize such interference. If the Parties are unable to agree to such a plan, the matter shall be resolved by the procedure described in section XI.O. of this Agreement. Y. Effect of Improvements lJrlon Ownership Nothing contained in this Agreement shall be construed so as to create a property interest where none existed before solely as a result of either Party making Improvements, modifications, Enlargements, or repairs on any Facility which is the subject of this Agreement. Z. "As Built" Drawings Unocal agrees to provide to Soda copies of all existing ."as built" drawings of all Facilities referenced herein within 30 days of execution of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the date first above written. Assistant Secretary UNION OIL COMPANY OF CALIFORNIA, a California Corporation By:~ -?f. ~ Name: L.N. Weiss Title: General Manager Asset Management Group AMERICAN SODA L.L.P., • a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as ::"g:Z:nµ Name: Irvin Nielsen Title: President 31 STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I llllll lllll llllll llllll 1111111111111111111111111111111 545344 05/12/1999 12:34P 81129 P247 M ALSDORF 32 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO ON MAY 10 1999 BEFORE ME, JANICE A. AUD/SS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS {AKA LUIS N. WEISS) AND GREGORY F. W/RZBICKI PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official seal. ~~T:i:.S~~~ < , ~~~~~~~~~~~~~~-OPTIONAL~~~~~~~~~~~~~~~ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Water Rights and Water Facilities Operations and Maintenance Agreement NUMBER OF PAGES: DATE OF DOCUMENT: Mav 11. 1999 CAPACITY OF SIGNERS: General Manager, Asset Management Group. and Assistant Secretary SIGNERS REPRESENT: Union Oil Company of California SIGNER(S) OTHER THAN NAMED ABOVE: 1111/li lllll ll/1111111111111111111111111111111111111111 54534.~ 05/12/1999 12:34P 81129 P248 M ALSDORF 33 of 33 R 166.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO SS. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 11th day of May, 1999, by Irvin Nielsen, as President of American Alkali, Inc., a Colorado corporation, as general partner of American Soda, L.L.P., a Colorado limited liability partner, on behalf of said limited liability partnership. (Notari a· 32 APPENDIXE STORM WATER SYSTEM '· l ' CEl MANHOLE rlEl CATCH BASIN ;# ""' __ ,, ([) 48"¢ If'_£:: 5.67 I.E. 5274.85 --------------"": ---------· s:o~sox ---- RE·NSTALLIE> PIPES AS SHOW , !---------------------:-...;. f,/ / / "· ... ·· .... ·,;~ i ,,---' l1:1 1 ; "-., \'.(1 ~ ' / 1 ::u\ _.I . \ -! 11 ' '" ·I I \ f ' ' ' <I n '-J .. It: I l r\\1l / i \ , Gr" 1', . 1!i'U /I I \i: ~ :i!' I ~ / 5280+-- I.E. 525283.75--..__ "-..., ~CD CATCH ,-~BASIN I 1 ,,-{El VAL VE '/'/ TO BE KEEP OPEN B •!8 --; ~FIELD -----~TOptuc---· ~1 ID 48" .. , Ej, c t1r ( s) te/4> ~rse' flfe I c()/JSTP."cr ~IX t) C-t>AIC. C · }3. HOLD PUMP PLATFORM :.::i1 [' / :1 , I ..J.1.JJ---+-.. ' ~~72J~j, .1 l 1- 1 i--4i-+'cl -~r-·---i ~,._.._;/~ ,• -. j:J cJ \ =--:;;_?-i;;;-~1-::\~::~~::.:==~~~;:~;~~-= ~=-~··----:~:=~:=:~-~2it?.~~".:;;. .• -~-~~--~'!--_ __,,. 1 STORM RUNOFF RETENTIOI x INl 48"¢CSI II 111 111 ~ · ~~~~ASrtONc-_ -~~ ¥E§Z ~li:"l1} < ::• .~ r ;;11·-cRa·ss1NG , ... ...-(.~uARo~ ;,!:H :1 .··li.l ---i~ .... ;;i•-~.i;':,"""·,_,1'.:_-K"' 2 - 4 a··¢cs/P e 52(,'j . .SO 'T' '" FENCE I· \!' •"- X Ji::~~'.'. ·-:.~_xr=-==·-x __ :::·::-=Xl======lr="'l . ir:/306900/struct)02.;;QQ-j~o69~. Aug. 12, 1999 Kvaerner CALCULATION SHEET BY~ SUBJECT ~ 1'1.fflJf \ t7YtwV SHEETNO. __ DF __ _ CHKD. ---DATE ----'~"'-="-=l-f-"'!10""-L~...::.tJ>..>0-=.._ _____ JDB NO. ------ SF ENG 7 REV 4/87 1.S~ 11(,1 "[, 'VJi I ('rj \,,~I )f1 vru" ~(11.)(10 1 12--6+ ¥·4~o + v10,1,,,ait44,131) " <;~, ~ rr3 Kvaerner CALCULATION SHEET BY ___ DATE ---SUBJECT ________ SHEET NO. __ OF __ _ CHKO. ___ DATE ___ ----------JOB ND.------ 1-"f b" ~ ,r,~, 01c; 1/r , ~ "" qr, '1( ?'-1.. == I 1a; 01 vr.S (. csf ri o , flA/) ~~A" I·~ x tz.i.l>~'lv Y1-- SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET DATE ___ SUBJECT Lnvc'"e Pt-AtdT SHEET NO. OF __ _ CHKD. --DATE --------'~:...o..;::...;A=l/J-'-"AG=c'-=-'Jli,;"-'"-51""-';..J=---JOB NO. :%061 rG ~1' G -/915'$1 GiJ 1 <:JY~L-MJv FLAW ~ 11.;o fY~,J (0:-.; Ft<. Jt p ) -i ~ "'2-1° -= $'11'2. 11 } In ' ( Mtt ~(,, 1 1i.0 o t 'Vb I -1. =--17 =-~·11:>"/1v1. (Fm. ,Ajup, 7J 1a..J (} t 10 • ~-==-CIA-= 01lr0 f ,f,3t) f 1-13 ~ //. f3 GF.f forAL ~.,. )\·4Sf ~67-;> IS.Jo CFS Tl'y ~II~ ~I ~If tj-:. I. tJ1. tl v~ 5 '/'2.. IV fv'rl f1J1A.. fUi.0 : _ .... A= lf;>< i . .! =-t-1 ""f'l-i r-= r12 1s-=-11 ss rr t iz.~ f+. ., iYi 1bs =-0·61-. '(Z. 21s = D. 73 ; ~ :: , 008-f p ~ = Ii 4&\ ! 0 17g 'f I f1Jfy 'h 'f t·~ Ff '2. : 4ti I~ G-f'S > /.[. J'1) c..r.r ~ 1010 SF ENG 7 REV 4/87 ; . . ···: . ;.. ~. ' . MATCH CJ "" W! I I 1 ~i <(. 21 "-'' ""! o! f-1 ol "". ~I 50' "" I-- iJJ > tSL S'l-7.f />c < ,;yz.n. rl '- I I 1'11'1 il11l1 !1' 11: I 1111 o;m ,r;i~, --EL .. 5280 00 :i::i:·. . .· . I I :!::!: :1::1! '1 r: L Hj . Ii • H l.E.5269.50 I!> , 0 I l'fVO 8-f1<2 />r< l.i'K'b FT"- I ',fl f.· 1111 E 6204 CN) ROA CEl ROA N 452 E 6177 I / l.E.52 I ~ / ;--30"¢ . "" I. I I• !~ 1,__ ! !!=' ·-=;::-=r1-::-::-.::-;:_~~$;=~ I\,)( i )( ' >c I.·.·. h~~9Jg1Af5-w:,~·-~:2 /II-__ -I iNl i4"¢CSP~ ~i';'-·EL 5283.68 EL 5281.00 EL 5281.00 .5281.14 11 SLOPE -------- ---- ro/306900/struc:t/02v012.069 Jul. 23, 1999 08:4.2:27 EGAILO ___ 7~.o ~c 7:, r t.Jo.· ~" 6tffi1 111 A el{ ! 12.. = x z, 3 '?fq-:.[= f]eW raw \J rfl-, < 083 , 11--0 rJ 3 (IO)~;vo i/rfl,• 1q~,1a10\s -r"l)n., lfiL1 " ge z 126t n j / 1. 1:1 £ L 1___.J. ;'!:t I i; ""f i G0 \.82/ ~ -1~.-. .co-·-< --.------~ ---~~--~ _f5=-: __ a.=<-= _____ ---P-;'!: :i: ;o.; 1'--EL 5284:00 ___ -·-·--~ --~ .fl 5284Q2 --------, v~3c1i'J( ·n11..f'2+7m+ \fn,'l.r'-"?m ) ~ I q'I, I G ~ \'\; I I k--1c. ,-i,~l> ] A~'~'~ rlv ' ' ~Wf8.-[27f ~ I l -r I'-l EL 5280.00 ,--A~ 17. G5'1 rr'- • ,CA• to, 31/ cf" ,. ] / ~[f\ l l , l l N l =!r l l 4[lj-i·"<'" f-( ,_ 0 0 0 CXJ ~ H ~ I l,,--HOLD PUMP V~ 1-\, (A t1b t fMi J i ) • u • d (1,i)( c4,ln/-+ 1s1-ui:. -t1>1,r,,.., 1 H,2-f(. v1J-H--fl-·tS, 'Z-/O ''h FT'- _J w I PLATFORM \[~tt-= :-:Cc:": r -01 _ F _ TYP.._ ' 004 I: so· H 11:1 '.. .. I I ,, _j 92' - 0 '1- '1- /}" I = &83 1 \W f'(3 • ,_ ' BOT OF POND EL 5262.00 j STORM RUNOFF RETENTION POND (Nl v l~ f kl~ -4 -4 .1::\: I 4 I ')1 (.. )"', I' II I I l I -~(ii")(__~t~svtq-~~4ruc. ''"' --------CXJ v -;, ~ \, oi'\, Hi Mc 11o~ Ii r;/306900/struct/02v012.069 Jul. 23, 1999 09:29:43 EGAILO z: '--<( 0 2 0 0 w CXJ Ct'. N LO 0 f- _J w 0 Ct'. ~ w ¥_ I ~-I "11; r-l q•-i ' 1:1 .. 1"i" ' ' '· (/) LU "' '.;i .,., ..,_ ..,: " c._ (/) 0 0 0 ,..,..,-_,: $!! . ..:< r------ 0 0 0 '.~: -.........__ ___ . __ __ , / .,_; ,-----------1 ' ' ' ' ' ' ' ., ' ,_;.- i , i , / § ~ • ~ ~ ~ -~ . . 0 • • 0 8 ~ u , I I r r.._ ......... ,, ___ ,_ Co<'f """""""'"' '"" DRAINAGE-RUNOFF-I FJG A.-ONE-HOUR R.l.INF°ALL, IN INCHES, TO ifE EXPECTED ONCE IN 2 YEARS, flG B. -ONE-HOUR R.l.INF°ALL, IN INCHES. TO BE EXPECTED ONCE IN 10 YEARS. f"IG .£: -ONE-HOUR RAINf°ALL, IN 1N.CHES, TO BE EXPECTED ONCE IN ~O YEARS. FIG. D. -ONE-HOUR RAINF°ALL, IN INCHES, JQ. fil. EXPECTED_ ONCE IN .-, YEARS. FIG. L-ONE-HOUR TO BE EXPECTED COMPUTATION OF i IN RATIONAL FORMULA. EXAMPLE: Assume expectancy period •5 years, See rig. D, assume loco!il!f. find I hour inlensilfrt75in. per hour. w IL 0. C! f- <11 IL 0 ~ r f- <!> z w _J FIG.G-INTENSITY EXPECTATION FDR ONE-HOUR RAINFALL". 1000 •oo BOO 700 600 70 60 50 40 30 20 10 0 z ::> 0 " <!) ~ 0 Den!Se (.Jro55 ' w z ::; o.s 1.0 s.o ~·10 ,. .. £"1-"ZO FIG. H-OVERLAND FLOW TIME. 25 20 • 7 • I II? uJ f- ::> z ~ ;!' w ::; f= z 0 ~ "' f-z w u :z: 0 u f-w ..J z " :::> 0 r " w 0. <fl uJ J: u "' :!O >-f- iii z w ... "' -' 2 -' ~ :z: < "' C X4AIPLE: Given:Area • l8 acre.5, o.-ercye 9ro_,s sv.~/"oce, /onge.sl overfond' Thw -200 /I. ol 4% grode Ditch Flow ,., ISOh. ola5%g~ To Tind I I For Over/one' llow, .5ee FIG.Hof Jeff = IS Min. Tor [)/fch ;/ow, 0.JSVmt! lrio/Q,,.,3-c.fs.,enkr C/Jor.f ,t:y 5-05,li11d o'lfch • D·!, V• l 7 Ff per J«. · '=c\\,\li~~~.,.---,···Dilchli~.~ ..-/.S Concenfrotion fime -16.5 Min. ~~~~~~~~ in £xornple. FIG. J-VALUES OF L "" RAINFALL INTENSITY-DURATION • Aeproduc e d /rorn Misce /lone ous Put>licofion NO. 20.t', U.S. LJepl. o.I' A g_ricu/lure1 !?..¥ Dov id +Adopted l"rorn Eng/neering Monuo/ o/ .fhe 11/o,r LJepor?l'nenl'; Perl :1JJ.l. (hop.I, Oec. ~5. l. Yarnell. Kvaerner CALCULATION SHEET -~~--DATE ___ suBJEcT Lowe~ PLA1..1r SHEET NO. OF __ _ CHKD. ---DATE ---_ ___,_Q.c::rz,A=ll.).L!/;-""bt;°""--'0.;'-=-"$;"-"b><-'tJ"'----JOB NO. '}=?C: 411! • C?WfZt.-AUJ f=w.J """ I\, 'l-0 IA 11~.J ' ( ~ r-, (:, H-(-7 ) "1'\ 7-' <b ~ fc+\ FUfW r t " > ~ •0~ M11J • S·4SM Cm~ v; !·1.r rr->) , Ta\Av (,~ 1 I< V!O \4.t)+-U "' .J· M.. "' """ ' }:..~ 11 ::-~·I 6 11/m . /f-'?J-Ho @tl,~li'.t>iq ~.,,_ l{A--= O'e-07" 4·14 f /1b-O-=-t 02.. c,f:; l\0\ ~~ ~ Upf I)-::, o( '/r k-=-~·14 t'\7. p.::.-(,'VS f"T j !2~ O•.J tz. 'Vs-=-' '~ f A-1-! -I/,.., 11) t "''fO lo -1 ._ '-'\= }·ltfFT '/( y:,byo; ,o, •O'Vrf.. --('1-1 V0 c,f'S I f dl. U"~ ~~ 14" ~ C4(J SF ENG 7 REV 4/87 I r r--v··· ...... 1 ·---1 -c.o-1 ,,~ ... ,~ DRAINAGE-RUNOFF-I FIG. ~ -ONE-HOUR RAINFALL, IN INCHES, TO BE EXPECTED ONCE JN 2 YEARS, flG B. -ONE·HOUR RAINFALL, IN INCHES, TO BE EXPECTED ONCE IN 10 YEARS. F"IG k -ON(-HOUR RAINr.A.LL, IN 1NcHES, TO BE EXPECTED ONCE IN SO YEARS. FIG. ~ -ONE-HOUR RAINrALL, IN INCHES, J.Q__ BE EXPECTED ONCE IN ") YEARS. COMPUTATION OF i IN RATIONAL FORMULA . .EXAMPLE: Assume expecfonc'I period =5 yeor.s, See !'lg. D. assume !ocolil!f. find I hour inlensilf1•l75Ji?. per hour. I-w w 11. :z 0. Ci t;; LL 0 '..J • :r I- l!> z w ..J FIG.G-INTENSITY EXPECTATION FOR ONE-HOUR RAINFALL·. 1000 •oo BOO 700 600 500 •oo >OO 50 Ao 30 20 IO 0 A:Jvcd 2 ::> 0 oc ~ Den~e Gro~s FIG. H-OVERLAND FLOW TIME_ If) w I- '.) z ); ~ w :::; f= z 0 ~ r! I-z w u z 0 u I-w .J ~ • 7 • I " ::i 0 :r " w 0. "' uJ :r v " = >-I- iii z "' ... ,; .... .... :: z < r! C: XAAIPLt: Given:Areq-l8 ccre.s, 01-erq?e gro.s.s .sa~/"ace, /ong~I oi.er/011tl /'hw '"'"20011.al J% gNCle bifch flow -1.SOh. alas://.~ 70 r;w i I hr Overland flow. .see FIG. Hof /e(f .. 15 Min. ror l'Jiich flow,C.Jsl/1111? Irie/ Q•XlJ.,rnler chor.f.tj;. $·05,lind o'ilcll • D·/, V• l 7 fl.per J«. • w;.;.;,~...,~~· .. f)ilchli~-~ -is - Concenfrofion fime -16.5Min. b;>.:;M""~~~""'c--~-Enler /. 75 t2.n'r fro'm fia. D ahon, /'Ind i-3.8. in £xornple. FIG. J-VALUES OF L ... RAINFALL INTENSITY-DURATION •Aeprodvcecl /rom Mi'sce/loneovs Pvblicofion N0.20~. U.5. Pepi. o/" l"'lg_ricullure, !!.!/ David l. Yarnell. + Adopled l'"rotT? Eng/neer/ng Monvo/ o/" th~ IYor LJ~porrrnenl; Porl :zuJ. ('hop.I, Oec. ~5. Kvaerner CALCULATION SHEET dY ___ DATE __ SUBJECT Vrwvc /t'M SHEETND._OF __ CHKD. __ DATE ------'-f11l---'----'-'-(M=W~----=-->~~--JOB NO.---- SF ENG 7 REV 4/87 r r..-vr·• ... r•---,-Cio"I "'""°"' T-V 10-1.. I DRAINAGE-RUNOFF-I ( . _.r ..... ;' ......... I FIG. A. -ONE-HOUR RAINFALL, IN INCHES, TO 8E EXPECTED ONCE IN Z YEARS. FIG ~ -ONE-HOUR RAINFALL, IN INCHES, TO BE EXPECTED ONCE IN 10 YEARS. F"IG C. -ONE-HOUR RAINFALL, IN INCHES, TO BE EXPECTED ONCE IN ~O YEARS. F"IG. D. -ONE-HOUR RAINFALL, IN INC.HES, ..IQ.. BE EXPECTED ONCE IN o; YEARS. FIG. L -ONE-HOUR TO BE EXPECTED COMPUTATION OF i IN RATIONAL FORMULA . .EXAMPLE: Assume expecfonc1:1 period = 5 years, See l'ig. D. assume /ocolil!f. 17nd I hour inlensifJl•l75Ji?. per hour. FIG.G-INTENSITY EXPECTATION FOR ONE-HOUR RAINFALL·. 1000 soo BOO 700 GOO . 10 w z ::; ' I-"-....... 0 > Cl ' FIG. H-OVERLAND FLOW TIME. <fl 25 w t-::> z ;;; 20 = ., :;; ;::: z 0 '< a: t-z ., u z 0 10 u t- "' • .J z • I " " 0 r " "' 0. "' uJ :i: u = = >-I- iii z "' t- = _, 2 _, ~ z < a: f X4AfPLE: Given: Area .. l8 ocre.s, o~rq,e 9/"035 5u~/oee, /Ohgesl o~lo.11tl l'hw • 2001'1. al J% g;m'e f)ifch Flow .1.son. ofas~grr:x* 10 rind f I For Over/end flow, ~e f'IG. H of/e(t .. 15 Min. ror bifch flow, o.ssume lrial Q•X.l&.,enkr Chor,f,t:g. 5·05,find o'!leh • D·I, V• l 7 ft per J«. · w~~""'-~·--bilchllme-~ -ts Concenfrotion time • 16.5 Mi11. b,,l,l>N~~~~~~-~-Enter /.75 Wrve fro'm fio.D cDon. F'ind i-3.B. in E"'o'"ple . FIG. J-VALUES OF l + RAINFALL INTENSITY-DURATION •Aeproclvcecl /ro"' Mi"scelloneovs Put>!icction N0.20~, t/.S. Pepi. oT A9._rlcullure, !!!/ Dev/cl t.. Yarnell, + Ao'cpled /"rorn Eng/neer/ng Monuo/ o/ /oh~ 1¥ar .o~por~rnenl; Porl "J1ll. ("hop.I, Oec. ;,jS, \ Kvaerner CALCULATION SHEET ~y ____ DATE----SUBJECT __________ SHEET NO. __ OF ___ _ CHKD. ___ DATE-----------------JOB NO.------- r f.1 />ilJ fJ 1~G.r n ~ vr-pMd ,._ , ov.J, ( {« s-hl ~ "1 -z. Y~ ., 11,,}' ~~) ~~ (~ ~ ::., OIC. k eM"~ ,,. . ois ( LM> f~} SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET dV ___ DATE __ SUBJECT Vlil'k<1D fF If< l.Mf SHEETND._DF __ CHKD. __ DATE __ fuNJ ~ b f1M./ JOB NO. ---- LQ ::.. Tl( Ip 1-'f-1 «f K f. (Ji) ~ ,x( 0 I) // .__ 4-. rfV'.I \f :: ~·10 Cf{ f11l-S' ~ ( .(1. cR '/ .T(\.f)VX \ ·crl1. fl!-\ ZIJ t(.01?J11y 4'.-,atf ~~ "J -;:.. ~ ·~1 ~ futv \~ vd/o f. rJ,-'\ I I,_, Q ~ Co· q 1 '(-\~ J -C ~ I 0~ Vf! SF ENG 7 REV 4/87 r r.._.,..,, .• -• ,, ___ ,_ CoO'f "~"'TC.-10- DRAINAGE-RUNOFF-I F'IG. A. -ONE-HOUR RAINFALL, IN JNCHE:S, TO et EXPE:CTED ONCE IN 2 YEARS, FIG 8. -ONE-HOUR RAINFALL., IN INCHES, TO 8t EXPECTED ONCE IN 10 YEARS. F"IG. C. -ONE-HOUR RAINf"Al.l., IN INCHES, TO Bf: EXPECTED ONCE IN 50 YEARS. F'tG. Q,_ -ONE-HOUR RAINf"ALl., IN INCHE:S, .;E.Q_ BE: EXPECTED_ ONCE IN ", YEARS. FIG. {., -ONE-HOUR TO BE EXPECTED COMPUTATION OF i IN RATIONAL FORMULA . .EXAMPLE:Assvme expectancy period = 5 years . .see l'ig. D. ossume locolil!f. find I hovr inlen.sil!f•l75in. per hovr. ;... r I- \!) z w ..J FIG.G-INTENSITY EXPECTATION FOR ONE-HOUR RAINFALL·. 1000 000 800 700 600 soo •oo >oo so 4o 30 20 10 0 Pvvcd ;z ::J 0 Ci <!) ~ z ~ f- 0 > 0. Den5e "' Oro5s "' " ' : , FIG. H-OVERLANO FLOW TIME. • !fl w I- ::J z 1 ~ w :I i= z 0 '< a: I-z w u z 0 u I-w .J ?; ci ::J 0 r ci w a. "' '" r u ; !" )- I- iii z w I-; -' 2 -' ~ z ;;: a: C XAAf Plt: Given:A~a-1.8 ocre.s, 01-e'~ gt"035 5<.r/Oce, lon.9f!-SI Ollf!rAV1!1 /hw ... ?00 /I. Of J% ~e /Jifch !tow -J50ff. ofas~gnxi: 10,r,nd t I For Overfond Flow, 5ef! f"IG. H ol Jeff = 15 Alln. ror bitch Flow. o.s5l//l?e trial Q .. J.c.l.s.,enkr Chorl,,t:y. 5·05,lihd clifch • D·I, V• l 711.per J«. - ~~~~--,·"Dilch/i,,,.•-""'---• t5 · ,It ITii6ii in Example, FIG. J-VALUES OF L "' RAINFALL INTENSITY-DURATION •Aeproc:lvc.ea' /"rorn Mi'sce/loneo1.1s PuD/lcol'ion ,va20-i', U.S . .Oepl. oF Ag_ricu/lvre 1 !!_y David /.... Yarnell. , +Ado pied l"rorn Engineering Monvo/ o/ I'll~ lf/ur Ll•pcrrn7enl; Purl -:zt1l, ('hop.I, O~c:. 45. Kvaerner CALCULATION SHEET sv ___ DATE ---SUBJECT _______ SHEETNO. __ OF __ _ CHKD. DATE --- SF ENG 7 REV 4/87 ---------JOB NO.----- y ± •50 1 11#4/' A-=-l 1" ,.(• )< -L == ,fo P= 1.it re.. ;:o. I 1-t j (z,21:: 1?6/ v ~ 'Z-l 7 ftA- ~: /,oq cf; Kvaerner CALCULATION SHEET DATE Dvf SUBJECT Vf<:: Yf !?I?' !JI (CJ! - CH-KD_·----=---=--=--DA-TE ====~ ---------SHEET NO. _OF __ _ JOB NO.----- BY '\fk 1· V-\ ( uiW) & -,-(,,{ /'<. ~ 1' i,' SF ENG 7 REV 4/87 b ~ f· 15 ' I li.ro \~ A ~ -t t-1 '( \/ i -; rz,. f :: 4·f7 l LS'·.- i '~.i1 ' <4. ""' ~ 11' - O" 01'$-'b"k 4' ~~1A~ -- ' I ' t~ f i' 0,S'3;Y. f\i T/Ul fl,s l~\· f'l' o ':5'5-i,, $ f L \ Ci I ~ 1111-8.~l·h!\(11"" 1,,., ~ ~M To IN~~~ r 2-61, J-o v --. -------8-Pl ii 1 \----Bv~l·&~ '-----_f 1 ,-~-:_ / y j{u' .ro' e_,-;, .OC'/ V'V _fl fl. '\ :: r ex,'/~ l.u }"" '") -•( I Jl/\J ~ i"lAN ~--- :: I OJJ( -,11 ~ ~ '],/)~ fL., l r1t.-Y, e..- e'"".rn../r t'1J 'It fr-~ 1 / .r llM"H- I I V1I l ') ~ ·'1' ' I. J . , ld/)J-:·- i :.J J • ,... \lj ~·· A~3~ !rU G. --.'JPI t s'/wt -rs o --i ·µtfj J -~It~ ~ ~ f' (f ~ ~ /j 6f_r 1/ ) )/-v w,., ~ &-4!·b1 ( i:J'1 ({) ~,(ul -::::-\'1,'11 ~ I q 7t u-1 t11l - Kvaerner CALCULATION SHEET av ___ DATE ___ SUBJECT 5~ ~ ~SHEET NO. __ OF __ _ CHKD. ___ DATE ---?Qt./'O ~~ ~ JOB NO.------ I 1111 i ~y A= -z. + Io )<Z ~ / 1. 'Z ~ 4'' (,J~ A-= 4110-.<'2..-=14 "2.--. ~ ~\ ~,,,., ,, -"-11; :--p 'IJ -:. 'ZA/ tr~· SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET sv ___ DATE ___ SUBJECT ________ SHEET NO. __ OF __ _ CHKD. ___ DATE _____________ JOBNO. ------ ~v, i-'°" l\I ~n. ~,l.k'i... i ,4 ,( i -i--0 ') :: Tl ( () 1.1' 1.. .::: 1~ .'\,') \"\ '\, + [,ill.-t z_.u lv -l~ I bt ::..0 SF ENG 7 REV 4/87 IA..::. -2.1.r±v(11.1)y-4-(1)0°~ I -:.. ~AS '2. c 1) l0<.-ko d {-l 1 :: S +-J ::£ ~ 4 ~·~~-;;,~--,-----------~ ' 0 \ ~ \ ! ~ ~ 0 . . 0 0 ! : f'l I I i i ~ ii ~-_Ji fT1 L_J i i b D t: i I 0 Q b I! ~-------J-ltJ-0 I -ED . I ll 1! I i I_ '-·-· -··------t-----1~~~/ ii I I ··-··-·· I -··-··-··-··-··-··-··--·-·· L - Kvaerner CALCULATION SHEET ---DATE ___ SUBJECT ________ SHEET ND. __ OF __ _ CHKD. ___ DATE ___ ----------JOB ND.------ -ctru. J.: -11)'\:-')ll.AtJ 0 ~ C -:. 1..[ jYJ I fl btc--{ i;-:: -ZS t S.'21,-= §'v,"VO mi(I ~ f (~..1 S"rei::u ~ \ = 'Z.{o =-i.·7~ 11 /ttn... \' -1 ) ~.~ +-1< ~l;)kvi,"11.,,7 o·« fl7.w -~ cQ ~C. \A-"~" ?-·1~ Y c;'L: ~? e-rs <\:~ nu1 '2-~ ~ ~C..<;? C\l == rr d 1. " 1-<tJ't. [ J \ 7. h j. ( n, ) v., 'f 1.-- 4 . 01-tl. 4) . d 2-/ ~ te·"~ J'l. f ( ~ ji11 'j( ,011r ~ ~·71 J'2-r:(~) 1 7" i.- -1-(l Jr 1../ (W,64 "?;. [ c7')J B-'v;; o\<.- -: P111 'f t5 f \:t: J j r'L = ~ c,fS f 16 l · ~£" GF.f E!:f:._ ' SF ENG 7 REV 4/87 DRAINAGE-RUNOFF-I FIG. !!;. -ONE-HOUR RAINFALL, IN JN'CHES, TO BE EXPECTED ONCE IN 2 YEARS. F"JG B.. -ONE-HOUR RAINFALL, IN INCHES, TO SE EXPECTED ONCE IN 10 YEARS. F'IG -'.: -ONE:•HOUR RAINFALL, IN INCHES, TO BE EXPECTED ONCE IN ~O YEARS. FIG Q., -ONE-HOUR RAINFALL, IN INCHES, ...IQ..~EXPECTEO_ ONCE IN '"> YEARS. FIG.[.-ONE-HOUR TO Bi: EXPECTED COMPUTATION OF i IN RATIONAL FOl<MULA. EXAMPLE:Assvme expecfo:7C':J period =5 years, .See Fig. D. assume localil!f. llnd I hour inlensif11•17.5Ji?. per hovr. I- uJ '" u. :z 0. a: I- <fl u. 0 :-' r I- "' z "' ...) FIG.G-INTENSITY EXPECTATION FOR ONE-HOUR RAINFALL·. 100- 90 80 70 60 50 •o 30 20 10 Den$e 6ross 20 FIG.H-OVERLAND FLOW TIME. 30 <fl 25 w I-:> z ;;; 20 ~ uJ ::; I- z 0 \:( a: I-z uJ u z 0 v I- uJ ..J z • 7 • I " :> 0 r " "' 0. "' uJ r u ;; ~ >-I- iii z uJ I-;, _, 2 _, ~ z < a: CX4AIPLE: Given:.4reo• l~ acres, OYerqJe gro~s Str/"oce, /0491!.SI O'-'l!r/onli' /"bw : 200 /I. ol 4% gl"tkk J>ifch /'low = !SOfi. afaS~grrxk 70 /ind i I For Overfond f'low, .3ee TIG. H olleff =IS Mi'n. ,For !Jifch f/ow, 0.JjVtne fri(J/(.l,,_3-c.f~,en/er Chorl'1J 5·05,lii?d o'ilch • D·I, V~ l 7fiper J«. b,\1-.W~~~~~···f)ilch Jim~-~ I. 5 Concenlrotion fime -= 16.S M/11. ~~~~~--.--. 60 70 eo 90 100 110 1zo IN MINUTES lime in E..xornple. FIG. J-VALUES OF L ... RAINFALL INTENSITY-DURATION •Aeproo'f/ced /ro171 M1$ce/loneov.s Publicofio,n N0.204'. V.S. EJepf. ol"' /'f9_ricu/lure, /!_t/ Dovie' L. Yarnell. + Adopled from Eng/ne~r/ng Monvo/ o/ f'he JVor .Oepor.lrnenl; Porl -..zJlI, Chop_~ Oec. 45. 1 . - ~\'aerner CALCULATION SHEET BY ___ DATE ---SUBJECT _______ SHEET NO. _OF __ CHKO. __ OATE ____________ JOBNO. ____ _ C-/ a= 1'2,6-£-ct=S 11tM ~ "'~ C..:flP I ' f ~ _,. ,.-----' J_ . /_ . ~ I/ ~-= ±R_~3 (s)2 r ( t~ 1i n7) i. ~ ~.1.'Z.bOf:r 1711 fl~ 4J C?Y' 6 d2 = tS-6:! (~.J) "t<-Bt) 26 (· va7) 11 y :::. .rc;.a;Vf.r I 4-1-6., ~ 1~f2v ~ cgr' SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET BY ___ DATE ___ SUBJECT _______ SHEETNO._OF __ CHKD. __ DATE ____________ JOBNO. ____ _ f SF ENG 7 REV 4/87 rt i1 ir A=-~r~t!li ~\ 7.rc Y-7= 7)8 ll;.. i91 I }!, 0: ~. 1t'f c{J = lit.fl 'f: ·1J1 t( 047) //y J 7-11. 1oX,, A-0-.J '/ t,. f. y: Vi, ;o c · U P= ;.17 fl~ I r'ii CR= 4:-·u t-1 ·4 iP. Y ·~11 (. "'7)1 1-,., • 0/, -::: 4<t n1 C0; tt-i-.(--,, Hv ~~~ ~ v~~ I'.\ .s.~, ~ ~ ~ Kvaerner CALCULATION SHEET av __ DATE __ SUBJECT ______ SHEETNO. OF __ CHKD. __ DATE _________ JOBNO. ___ _ C1N 4 ~I\ (ff 6<" iftr T (i-[)i"' 1·4ft 4 I (11:. -:;_ '1-l I VI--err Iii-Lt;:A\'f !~) + ~ W.3. ·Ce::-( ,V't) )' ~ 9-Y:I I aj :: 7· 21 C1'3" ~ ~ ~,J,, I ::" /:n "f°J;r[Q )C +4? = ~ " "'(! I w r V1l cer ~ ~ ~ ~ ::: ·11 'f>jf! .{,.:14/ := /,~0 CQ- ~ ~ f ~ ~c: ,77J;<f-,r;.f)::. 1-he.fi ~ ~ 1-~ ~ = i[f fJ 'I I (, 7 ~ I· tzf CG' ~ ·(J.v ~\I~ c~r-~:: 1fJ I 'VI/ ~ tt • 71 /\i±:_ c-3 & = t1·11 ur ~ '2-4i" ~ . ~ ~ 4lrh'; ( 1)1, ~ '"¥; (I f/bbJ f/.y 'f. "), :c J 1-11 (4 (# 1iv ~ T1Uj L. -4 2 ~ ~ 7/: //, &:: f-b,bs(3--~,_)<f!) '.Jc,m) L-;<i :i4,fi~ oi<.,/J1·17 SF ENG 7 REV 4/871~ 1. / i'(l, \l ~ Kvaerner CALCULATION SHEET BY ~ DATE rn.1m19 SUBJECT L~ ~l1\1J1 SHEET NO. 1 OF __ _ I CHKD. ---DATE ------'\l--"JU<1-'-=tJ""-kb=-=C'------JOB NO. ------ y. ~ I" l• 1D ~ -= IO· I ~ '\ '· =:. \,~1 Yfi (r)1..J~-; 7, f:X; CfS \-:::::, 8~,J1 Ok: . #/ d<- (1z.ApQ. c.f('A1JJ%1., I ~ : ~. l../M:,'°10 (Q ~ .~ C¥:{ SF ENG 7 REV 4/87 f+.,. Iott 'f?. ~1i i p-; 1 ·,ufAl fl :;.10, ~4- r r~vr·• ""• ,, ___ ,_ Co"J ,._..,.,~ 10- I DRAINAGE-RUNOFF-I . -1-.: ........ I FIG. A. -ONE-HOUR RAINFALL, IN INCHES, TO ifE EXPECTED ONCE IN 2 YEARS, fJG ~· -ONE:-HOUR RAINFALL, IN INCHES, TO BE EXPECTE:D ONCE IN 10 YEARS. FIG ~ -ONE-HOUR RAINFALL, IN INCHES, TO BE EXPECTED ONCE IN $0 YEARS. f"IG. 0. -ONE-HOUR RAINFALL, IN INCHES, ..lQ.. Bi: EXPECTED ONCE IN 'i YE.A.RS. FIG.£:.-ONE-HOUR TO BE EXPECTED COMPUTATION OF i IN RATIONAL FOPMULA. EXAMPLE: Assume expectancr; period =5 years. See rig. D. assume locolif!J. find I hour inlensilf;-D5in. per hovr. f- w w IL :z 0. ex Iii ... 0 ;...i :c f- \!) z UJ _J FIG.G-INTENSITY EXPECTATION FOR ONE-HOUR RAINFALL". 1000 •oo 800 700 600 500 400 >oo 70 60 so 40 30 20 10 0 t:bvcd z '.J 0 (!'. <!) ~ 0 "' Bcre (!'. uJ 5oil I- z ::; ~ or Oro~ « Su ce < % I) f-"' 0 > o.s .. 0 ll 1.0 ~ oil 2.0 Den3e (Jro$S .. , FIG. H-OVERLAND FLOW TIME. " ;o 25 20 • 7 • "' w I- '.J z ;; ; "' ~ f= z 0 !;( a: I-z "' u z 0 u f- uJ ..J z "' ::i 0 :r "' 8 "' .. "' uJ J: 6 u ; = r I- iii z "' I-= _, 2 _, i! z :;( a: 1'-f\-<i--·--. \ l ··-. ( " \rg~ . ·\00 i \~ \ --- C XAAf Plt: Given:A"o • l8 ocre.5, o~roge pra..55 sv.'"/""ace, IO/Jgesl o..er!ontl l"bw = 200 II. ol J% gmde .Oifch flow -!50fl. olas~grur* 70 Tind i I For Overlonr:I /low, .5ee FIG.Hof leff s 15 Min. Tor bitch f/oW.0.5Slll7'1e lrio/Q~J.c.f.1.,~n/er C/Jor,f 11J 5·05,lind a'/f~h • O·I, V• I. 711. per J«. . ~~.~~~~.,----,·'·Dilch/ime-~ • J.5 • Concenlrof'ion fime -J6.5Ml"11. l=""'~~~~'R~~,.-r--i £11/er /. 75 (:urye fro'm Fia. D oDor~. /"inr:I i •3.8. in E.xornple. FIG. J-VALUES OF L + RAINFALL INTENSITY-DURATION 4 Aeproo'vced /ro/71 M1$ce!loneov.s Pub/icofion N0.20-i', l/.S. Oept. o.I' ,lfg_ricul.!ure1 !!_y Dovlo' '-· Yarnell. + Ac:/Opled l'ro1T1 Engineer/ng Monvo/ o/ fh~ h'o.r L>epor/rnenl; Porl :llll. Chop.I, Oec. ~S. ' Kvaerner CALCULATION SHEET BY U;i DATE ~ I DI,, SUBJECT I~ \lt.AiJF SHEET NO. __ OF __ _ CHKD. __ DATE _____________ JDBNO. ----- I ~ 1111 IJlJ1A IJ'\:;'V v,. l;;l 1 T ctl D -\ I (' fw~ ~~1' 'I. ~ \ 4!1 . -2-/3 ,f •I..,, I U "'.' ~ y. ·4-'f7 ;< (. 01) ~ G-ro FY) 0 (1flitf 4-~- -l'Vl:1lL-AM? ~ ~ S -=-7...J /-i 17' "' 1 / 0 t ..,_ I '2.-rrt 1 n . -V-t:?1rc1-t ~ i 6 ~br t -=-I · 'f'l nt I y'I G Ui •U> ' fofk\.,. -I;" 11-t 1-7 "' 11-· 70 ~1n · B>C/M.-r-61 ~ ~ t--~ 7{ 0 :: s. vi ti I'>-· 'f> t '){. o(M;· ~"' tlk-:-o.~ff'1i ~-'J(A-0:: ~'1~c.f5 ~ Y1~1,~ ~ ... k0 -= ~-rv 11. r\i-"' 11-&1l ~; ~·ib Cf:r ~ SF ENG 7 REV 4/87 ··-~·-··-··-··-··-··-··-··-··-··-··-·®·A:·-··-··-·· 6/. 82"<"74.:....--- ~ ro N EL85.42 52RB r' '~06900/struct/02vOOlvl.069 Feb. 27. 1999 17:46:53 EGAILO ro N ~ ~ ~ ~ 100.00 4 =-. if "' firv ~ = · 1o ,<S I' · )' ¥ -: l·J4 Cf:1 . / /. ~~lb) / / / c.o\·r ~ "° ~ / = ·<t1 ~-=1-~ = _,,A-c.- \.yo ft;;. \~ .(.vJ >f,41c,:r z:t.·..,, t 7· it 1 ~I :: !.r. hJ ""' i I-i 5 i I I E 4975.98 u;:::: i SOLUTION TD CB ,...,.o: RECEIVING TANK EL 5281.20 u... I I INV IN El 527~0> j INV OUT EL 5:lf9M E 5000.00 WO~'----------! EL 5285.50 ~ ·I 30"¢-~SP £~ f E> PIPES ~~J':.!!P-10°i . r-w" GRADE TO SLOPE TO TO OF TRENCH 528~00 iti ----<DI ----~----~ -~: UP ci ~ "' i =· "':f A\ -14, 1' <'.): N 4451.90 &_ -:: z. j b Cf.I' Q = 4"2-' '2-c.f:r \V -IJ .JJ .ni E 5252.J7 &'F.! =r <(! ~· w ! MONITORING ! WELL ! :i I oo·o~;~ ' ' " '~1 ·~ ·~ ,-~ Z e i i jHl--'.:C•• I .i ,-., ) : .oo'Ot><~ l . rl . 0 . . ' " I i ,\ I ' I. I D D ITT" D D D, 7 -10t1:J:. ~-··-\. --___ ,,,, ,L / ~~,~-v-::· ""k""""· -- ~.,, ,-' I ~y/ / / '··· ' ~'\),'\\ .----M·<:<>•'· .... ·\Jf -- ~-~~~~"~'AC\ N 4599,00 E 3848.00 R ~ 114 :~~\:.' .-,,' ·' -,-·.' '' ·,' ·-. t o .. ~~l.~·\·'.•~,i~·· .. ·· \:.' ~4 sJJ· .. : . ·. ·. · .. ·. ·, .... -,,___ , I-, ,, 1:,'. 'i •. •.· ·1 ·rw' ' ,~li/I10 .~ I';" : ; I.; i ' :'. / N 4498.00 . E ·413/'o~<·······.·.····.· R~114 -...---· .-.· : - -:.-:· .... 'I \i: :\ :1:' :; ·:;;· l/t11l , I L' r:/306900/struct/02v001.069 Feb. 04, 1999 13:37:52 EGAILO .~ N E 4411.00 EL 5 99.00 INI R AD TO MATC IEI RO.AD. N 48 6.00 E 44 1.00 .EL 5 89.6jl, D D D' D "' DITCH 'HP FL EL '. 5289.Sb i \ \, l , , y ~u .7"1 / i .. _ _ ~;~ ~ ~ i I 1 r A Ah1 nn ~--~~/.~_*··· .~ .-·_ / i !\ \ ./ -" ., .,. ,... .~£34?~ -· __ :ifitziJ:t. l _______ j_LJ_' 6?1 <7 60~/ 4,4 1..00 E.t $ 37,97 G ,ci. 9 .. I__::______ N 47 6.00 E 44~1.00 .' El'5~87.7,6 ' . 528 r.t . J i 0. /:v;-:~:2 ~ ---FLEL / --· .. FL EL 5284. 17 r;'M 'b >-.: / ~ ~ig .... -~ $: S? cP U:!Vl >? FL EL 5283.42 FL EL 5288 5285 5287, ~-/ :, I .)'- I i JI I l I , . '-.... -j !.._ l ---- r: / 306900/struct/02v001 06 9 I A=S~,:.7~>-AC I .... ---~/ ~fil··· ·. L L.O lt&;:!. •. : ' ' '' ' ': '·' ' ! i ·, I I' i I A= 2l,.',11 AC' I . : : . , . ' . , ·, -._ . ·. I ' .~11i 11 ; .·/._/i,'//_.'.'_::~ '.' 'i: ' ' : '/ : ; d(~y'1(~ .. -~ N 4498.00 "'°'"°' E 4137 00 .. <;'~-R-114 -=-1.·ll ; : •··._._..,, ___ · _· __ '1'_~·.1_'.' ··~·11",. "' ':I: Ztl Cf! N .. ·_ • \., .. \,~.0(~ "• j ... · "~ \ ___ ···-~~~ i;J£gg_ •. .R~114 ,, , -~ u .. :: ? /,~-~ ...... -"-...... -'~~---'--::::====-:-:::::: cz; ·- -·------ ~.: ! f N 4854.75 .. ::JD E44ol __ d- EL 5291.00 .. 0'' •" .·· N 4 756.00 E 4401.00 EL 5287 97 G • 0. 9 0 ! ---------- N 4 735.00 E 4401.00 · ·"EL 5287.!d N 4671.50 E 4401.00 EL _5285 50 Gc0.00! · • I . -\ • I: ... ~ (\ 'b 0f21 FL ELI 5285 87/40 ---. 285.22 1 · // J '"-' . j ·-·-~ ;!; ' / ,J .t \ / • i ii / .. ·. \ . L'::=::~--1----·-;::---------·-~-- G·O.O ~ ·, !~:" :f;_~;~·~;:~~~~ ", / \ EL 5785'"5'· ~- ·--;·------: '. / ·,_ ..,.. r'"-'Wf"• .... ,. ___ ,_ G"'J ... ~ .. , ..... DRAINAGE-RUNOFF-I F'IG. A. -ONE-HOUR RAINF'ALL, 1N INCHES, TO BE EXPECTED ONCE IN 2 YEARS. flO 8. -ONE-HOUR RAINFALL, IN INCHES. TO 8E EXPECTED ONCE JN 10 YEARS. F'JG £.: -ONE:-HOUR RAINFALL, IN INCHES. TO BE EXPECTED ONCE IN ~O YEARS. flG. O. -ONE-HOUR RAlNF'ALL, IN INCHES, -1.Q.. BE: EXPECTED ONCE IN ', YEARS. FIG. E.-ONE-HOUR TO 8£ EXPECTED COMPUTATION OF i IN RATIONAL FOPMULA. EXAMPLE: Assume expecfar,cr; period •5 years. See rig. D, assume locolll!f. llnd I hour infensil!f•l751n. per hovr. f-w w u.. z 0. IX tn LL 0 ;...1 :r f- I.!> z w ...J FIG.G-INTENSITY EXPECTATION FOR ONE-HOUR RAINFALL'. !OOO •oo 800 700 •oo soo 0 Povcd :z '.) AOO 0 " >oo '" LL 0 Bcre " " 5oil I- '... ~r6ro» !i " 100- 90 80 70 •o 5o 40 30 20 10 ..Sur~e ~ ""'' u Svrloce Den$e (JrO$S FIG. H-OVERLAND FLOW TIME_ 30 • 7 • If) Ul I- '.) :z ~ :!: w l f: z 0 !( a: I-z w u % 0 u f-w ..J z d. " 0 J: " w " .,., " J: u :!: = >-I- iii z w I-;; _, 2 _, ~ z ;;: a: CXAAIPlE: Given:Ared-l8 acres, Ove/"ClfP 9ro3~ :;tr race, longdl o'A!l"'/011(/ Thw ""100 If. ol 4% grode fJifch flow -1.son. ola5%gnxk To Find f I For Overland flow, ~e f""IG. H ol lef+ = 15 Mi11. ror bilch flow. 0J5llmt! lrh/Q;J.c.l.s..,enkr . Chor,f,q;. 5·05,lind o'/'lch •D·I. V• l 711.perJ~ b~W~~~.,.---,···bilchlime-~ -/.5 · -16.SMf,,. in Example. FIG. J-VALUES OF L + RAINFALL INTENSITY-DURATION •Aeprodvceo' l'rom Mlscelloneovs Publicaf-ion N0.20.t. V.S . .Oepl. o/" l"lg_ricul.1-ure 1 !!!; David L. Yarnell. \ + Ao'opled /"rorn En9i'neer/n9 Monua/ er /'he JVq.r £>epor/-t"nen1'; Porl -..zJll. ('hop./. Oec. :.it5. Kvaerner BY 8:, DATE CALCULATION SHEET SUBJECT LAvt.::tt. !i"l.ArJ ( SHEET NO. __ OF __ _ CHKD. ___ DATE ___ -----------JOB NO.------ r 9 (j1-l1.,( 111:'~ v -i::i ' r a+ v -'- ,.----¥-=---I ' r,6, I~ 1 "-\I ---,.f-- ?j . '1-i. v-=-~·~· G t41J 3 c. n-) ~ s-: t1-r--PJ 6 \lrnG' ~. -~~~ f 2· ~1. -t1.-t ~ {· f\ II /tm---' • ~. ~::: CJ.A--=-O· fo 1.r4r 1 i.ir ;rr- ~ f-J7 c/F:! ·~~ ~ (tv-:'l--\'-(!.f r11-.1o·V1f ( f·{] ~ ~ • SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET BY ___ DATE ___ SUBJECT ________ SHEETND. __ OF __ _ CHKD. ___ DATE ___ ----------JOB NO.------ OG) IN C.\fl).1\..¥ f e, -1 + ~.~1 &,-: .r1-t~ ~ J v' --z1 \11-1 ~UO? .}-/4" ~ c~ ~) SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET av ____ DATE ___ _ SUBJECT _________ SHEET NO. __ OF __ _ CHKD. ___ DATE----------------JOB NO.------- \11'~ c-7 ~ <R-=-l 1 VU"' 7 y. 0·1'L f-O,bo 7-7 x (101 ~;11.J>Y~ + ,'@ Irv 1-1y.1 '(V ~ l.CD Cf:; ~ vt#llJ u·~ ~ lQ,:;. 14: ,q3 !I::.-\[, i;j t-0 ~) rk,, t-l lQ :: <4 . 'l'l, c.rt u St' 14 u ell ~1"' SF ENG 7 REV 4/87 Kvaerner CALCULATION SHEET BY ___ DATE ---SUBJECT _______ SHEET NO. _OF __ _ CHKD. __ DATE ___ ---------JOB NO.----- 0-3 ~"116-.J ~ = &.1e, -t (1.1/0 + c.n + t. r7 = )1, 67 &pf SF ENG 7 REV 4/87 p = 6 f& 12-'° I . n. l'G -z-13 = I , er? A 7-"2. y ar 11i = 4 P:-r.~ fZ ~ '1 OJ ll U~ ;; I 7 q4 Kvaerner CALCULATION SHEET BY __ _ DATE __ _ SUBJECT SHEET NO. __ OF __ _ CHKD. __ .. DATE __ _ -----JOB NO.----- A = f" 1..,. Vi-~ '2 SF ENG 7 REV 4/87 ;1 o, ~i 0 g ~ 0 . ··.: CJ ·.·. Kvaerner CALCULATION SHEET av ___ DATE ___ SUBJECT /~'11-f"tAt-Jf SHEET NO. __ OF __ _ CHKO. ___ DATE ___ ----------JOB NO.------ -(.,.Okf) S ; • pt, "" w "' 1-v = I vo 1 l.. "'" '7.Al1;> 1-'?.f'F • /...{, -:. ;z..,i.Vb i"Sf r-r (~ ~ -I p ~7 I\~~ f lfL 'r?K-411'.!Abl: ~ Im ~1'!1' Cd/JfTlt · l"M"""1f ~ rt.i~H r I 111 -~lhJ f~'1~ : .Pv, [l?L-t u., '):; (m tit~) " u Mi P\F ..-\2(1..1, ~\"lt~Sl'I uJ iPv O'\ '. SF ENG 7 REV 4/87 s '2 = C.rru U-f 1 t-= ~~l m rri' (nt.1~G) ~" ~Ii= t 1-Z,vn/i= 1,,[V1l rst f '° f, iru rx-t Kvaerner CALCULATION SHEET 3Y ____ DATE __ _ SUBJECT _________ SHEET NO. __ OF __ _ CHKD. ___ DATE ___ -----------JOB NO.------ -~JI-I& $T\f(-lk'i.! rf,, .E..2 ,_ -t-1~ibi'I,~ ~ =-o. a-it >-:s W<'f ~( -")... -:: IQ-o )) }o'ffOt.. ~, rlil81 """, O'J'I-'f1./J.::J /J.f, . !w.. . I 011t -tM<.. . WMt fy1...,, ~ 11 (;--0-""M""IO SF ENG 7 REV 4/87 If; I 1.--l ·~/ /o "Z ·11 D l@ hY l!t 11 ·J~ ~~~A APPENDIX F ENGINEERING DRAWINGS ; L I I m~~~Y~~l ~-----___ J ~-.,_l__ ---------- ' •l 91' !l ' 111' ! l;r" ii/ ii " I • , ., ' I I l •• I d I • • I • ij !i ' c:=i ! ~ 1-- • ! , I J I i I -, -111 I _J i_J----------?i--[-------------~ I •l ! j I Ii I I I -'-,_ -I ~ -r--------------j f-------------T-'- ' I ~I I I I l :±1 I :I h-~i!l~~=lP ~! ' ~-'-- • I I l • • ! ! ! i • I i • i ' cr~~7~~~~w r-1"""'"" __ 1 __ j:.:::z:::::1 •• -~ -H H I l I I I i i • • i • • • • ' ! ! ! 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