HomeMy WebLinkAbout1.1 ApplicationWILDLIFE AND SENSITIVE AREAS REPORT
LOGAN WASH PIPELINE
GARFIELD COUNTY, COLORADO
Cover Photo: View of proposed pipeline alignment
Prepared for:
Enterprise Gas Processing, LLC
Grand Junction, Colorado
Prepared by:
WestWater Engineering
2516 Foresight Circle #1
Grand Junction, CO 81505
December 2008
WestWater Engineering Page 1 of 20 December 2008
1.0 INTRODUCTION
1.1 Project Description
Enterprise Gas Processing, LLC (EPCO), has requested WestWater Engineering (WWE) to
complete a Wildlife Impact and Sensitive Areas Report. EPCO is proposing to install a 16-inch
natural gas pipeline, which begins approximately 5 miles north of DeBeque, Colorado. The
proposed pipeline is within Garfield County, Colorado, and is located both on private and public
land managed by the Bureau of Land Management (BLM). The pipeline is approximately 4.2
miles in total length. Approximately 2.1 miles (49% of the pipeline) of the alignment is on
private land. The proposed pipeline parallels existing Trans-Colorado and other more recently
installed natural gas pipeline right-of-ways (ROWs) in the Logan Wash and Conn Creek area.
Access to the project site is currently available via the Logan Wash and Conn Creek (County Rd
213) Roads and one upgraded gravel road that has been constructed in the project area for the
construction of a previous natural gas pipeline. Two alternative routes have been proposed for
improvements for further access both on BLM and private lands.
The primary use of the site and surrounding area is rangeland, pasture, wildlife habitat, and
natural gas extraction/development. The general project area is currently undergoing rapid
natural gas development including drilling of wells, construction of pipelines, compressors and
access roads.
1.2 General Survey Information
In preparation for developing the following report, WWE biologists performed field surveys and
assessments of wildlife, wildlife habitats, and habitats for sensitive plant species on the proposed
project area. WWE conducted surveys in June and November, 2008. The purpose of the surveys
were to determine the wildlife and sensitive plant species that occupy the project area at varying
periods during the year, and species that would potentially be impacted as a result of pipeline
construction and operational activities. Factors considered include: 1) soil type and texture; 2)
existing land management; 3) absence or presence of wildlife and plant species including raptors,
sage-grouse and other sensitive birds species; 4) special designations by Federal and State
wildlife agencies; and 5) the existing natural vegetation community. This report provides written
documentation that describes survey findings on private lands as well as recommended
mitigation measures. Separate reports detailing survey findings for public lands has been
submitted to the BLM Grand Junction Field Office (WWE 2008a, b, and c).
A complete biological and cultural survey for all the private land was not permitted. Private
lands owned by Savage Limited Partnership were only surveyed for noxious weed species
(Figure 1). Private lands surveyed include Chevron-owned parcel number 241325100016
Garfield County, Colorado. Non-cultural biological resource surveys occurred on 71.7 acres of
private land. Class III Cultural Resources Inventory (CRI) was performed on 15 acres of private
owned pipeline corridor (GRI 2008).
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2.0 LANDSCAPE SETTING
2.1 Vegetation
Vegetation communities along the pipeline route are a mixture of piñon-juniper woodlands and
sagebrush dominated shrublands. Agricultural meadows are present on private lands only, which
were not surveyed as access was denied. Piñon-juniper woodlands are dominated by Utah
juniper (Juniperus utahensis) and occasional piñon pine (Pinus edulis) and are mixed with
Wyoming sagebrush (Artemisia tridentata wyomingensis), forbs and grasses. Riparian
communities in Conn Creek floodplain are present in the project area; many of these areas occur
on private lands of which access for biological surveys was denied. Numerous ephemeral
washes bisect the alignment, most often in an east to west flow pattern. Vegetation along the
washes consists of greasewood (Sarcobatus vermiculatus), Rabbitbrush (Chrysothamnus
nauseosus) and basin big sagebrush (Artemisia tridentata tridentata). The shrublands within the
project area are characterized by Wyoming big sagebrush, greasewood and green rabbitbrush
(Chrysothamnus viscidiflorus). Non-native downy brome (Bromus tectorum) and annual
wheatgrass (Eremopyrum triticeum) dominate the understory for this shrubland community.
Some of the south-facing slopes are thinly-to-moderately vegetated with shadscale (Atriplex
confertifolia), fourwing saltbush (Atriplex canescens), and Indian ricegrass (Achnatherum
hymenoides) with some sites composed mostly of bare soils.
The climate for the Piceance Basin is considered semi-arid with a wide range of temperatures
and precipitation. The closest weather station is at the Altenbern Ranch on Roan Creek, which
has provided reliable records to the National Oceanic and Atmospheric Administration (NOAA)
since 1948. The average annual precipitation at the ranch is 16.41 inches, with a record low
temperature of minus 38 degrees Fahrenheit and a record high temperature of 104 degrees
Fahrenheit (NOAA website: www.noaa.gov). The average annual precipitation at the upper
elevations in the project area should equal, and likely exceed, that observed along Roan Creek.
2.2 Soils
Soil types include loams and sandy-to-gravelly loams that overlay broken shale derived from the
Green River Formation. This formation is visible in the sheer canyons of Roan and Parachute
Creek and the Roan Cliffs overlooking the towns of Rifle, Parachute, and DeBeque, Colorado.
In many areas, soil profiles are shallow, with only 12-24 inches of soil overlying deep, broken
shale deposits. Soil types and the vegetation supported, vary with elevation and slope aspect.
Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U.S.
Department of Agriculture (USDA), were reviewed to determine the soil types and vegetation
characteristics of the project site and surrounding property (NRCS 2008).
Four soil types are found in the project area and include the following:
1. Biedsaw-Sunup gravelly loams with 10 to 40 percent slopes. Typical vegetation on these
soils includes piñon-juniper woodlands.
2. Happle very channery sandy loam with 3 to 12 percent slopes.
3. Panitchen loam, 1 to 6 percent slopes . Typical vegetation on these soils includes sage
and greasewood communities.
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4. Barx loam, 3 to 12 percent slopes. Typical vegetation on these soils includes sage brush
communities.
2.3 Terrain
The terrain varies from flat to moderately steep hillsides with elevations ranging from about
5,400 ft to about 6,000 ft. The proposed pipeline crosses Conn Creek, a perennial stream, and a
number of smaller unnamed drainages on private lands.
Riparian and wetland vegetation is encountered where there is sufficient water to support this
vegetation, generally only found in the floodplain of Conn Creek adjacent to the channel.
Cattails (Typha latifolia), willows (Salix spp.), cottonwood (Populus spp.) and box-elder
(Negundo aceroides) trees inhabit the floodplain between the high cutbanks.
Natural gas exploration and development is resulting in landscape/watershed scale habitat
fragmentation. The physical loss of habitat is due primarily to the increase in roads, well pads,
pipelines, compressor stations and other ancillary facilities required to produce and transport
natural gas. Additionally, these activities contribute to the introduction and/or spread of invasive
species. Generally the undisturbed area retains good vegetation cover, including native grasses
such as Sandberg bluegrass (Poa sangbergii), Indian ricegrass (Achnatherum hymenoides),
bottlebrush squirreltail (Elymus elmoides), galleta (Haiaria jamesii), and needle-and-thread grass
(Hesperostipa comata); introduced and invasive grasses, including downy brome, annual
wheatgrass and crested wheatgrass (Agropyron cristatum), as well as forbs and shrubs, including
sagebrush and greasewood. In previously disturbed sites the vegetation response is mixed.
Revegetation efforts appear to have been successful for the older disturbances in the project area.
Established introduced and native species of grass and forbs are present in these sites. More
recent activity (pipelines and well pads) in the project area have invasive infestations, likely due
to rainfall conditions and/or immature revegetation efforts (WWE 2008d).
3.0 WILDLIFE AND PLANT SURVEYS
3.1 Background Information
Descriptions of critical habitats for federally-listed threatened, endangered and candidate fish and
wildlife species were reviewed in the Federal Register, U.S. Department of the Interior, U.S. Fish
and Wildlife Service (USFWS). Wildlife habitat (activities) maps, provided via the internet web
by the Colorado Division of Wildlife’s (CDOW) “Natural Diversity Information Source”
(NDIS), were reviewed and incorporated into this report in reference to mule deer, elk and state-
listed threatened, endangered and species of “special concern”(CDOW 2008a).
A list of Birds of Conservation Concern (BCC) and their habitats was reviewed. This list is
published by the USFWS through a Memorandum of Understanding with the BLM and the U.S.
Forest Service (USFS), which places high conservation priorities for BCC species (USFWS
2002). Not all of these BCC species occur regularly in Colorado, some are present only as
seasonal migrants. Of those known to breed in Colorado, only a portion are known or suspected
to breed within the vicinity of the proposed pipeline. Avian literature sources such as the “Birds
of Western Colorado Plateau and Mesa Country” (Righter et al. 2004) and the “Colorado
Breeding Bird Atlas” (Kingery 1998) were reviewed to determine the likelihood for species
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occurrence within the project area. Bird identification and taxonomic nomenclature are in
accordance with that applied by the Colorado Breeding Bird Atlas Project (Kingery 1998).
The determination of the presence/absence of suitable habitat for Threatened, Endangered and
“Sensitive Species” (TESS) plants was based on previous WWE observations of typical habitat
occupied by BLM or USFS sensitive plants, the Colorado Natural Heritage Program (CNHP)
Rare Plant Field Guide (Spackman et al. 1997), and locations of species documented in the
CNHP statewide database.
3.2 Survey Methods
A preliminary review of the project area, using aerial photography maps, was conducted to
familiarize personnel with vegetation types and terrain and as an aid to help determine the
likelihood of the presence of threatened, endangered or sensitive wildlife and plant species.
Field data, including general project location, boundaries and reported features, were verified
and/or recorded with the aid of a handheld global positioning system (GPS) receiver utilizing
NAD83/WGS84 map datum, with all coordinate locations based on the Universal Transverse
Mercator (UTM) coordinate system within Zone 12. WWE biologists conducted pedestrian
surveys of the area to identify and locate wildlife species, wildlife sign (tracks, fecal droppings,
and vegetation disturbance), vegetation communities and wildlife habitats. Vegetation types
were determined through field identification of plants, aerial photography, and on-the-ground
assessments of plant abundance. Identification of plant species was aided by using pertinent
published field guides (Whitson et al. 2004, Weber and Wittman 2001, CWMA 2007, Kershaw
et al. 1998). Visual searches for raptor and other bird species nests were focused on shale cliffs
and piñon or juniper tree woodlands within a 0.25 mile distance from the proposed pipeline’s
centerline. Nest searches and bird identification were aided with the use of binoculars and song
recognition, where needed.
Photographs were taken of the general project location, surrounding vegetation and terrain
(Cover Photo).
4.0 CULTURAL RESOURCES INVENTORY
4.1 Survey Methods
WWE conferred with Grand River Institutes (GRI) regarding potential cultural resources that
may be found along the proposed alignment.
Class III cultural resource inventory of the proposed Logan Wash Pipeline Project was
conducted by GRI under BLM Antiquities Permit No. C-52775. The same deeded parcels were
surveyed for cultural resources as for biological resources (GRI 2008).
5.0 RESULTS OF SURVEY
5.1 TESS Plant Species
Special status species of plants that may be present in the project area, and their habitats, are
listed in Tables 1 and 2. There are two categories for TESS plant listing, 1) Federal Threatened,
Endangered and Candidate Species (3 species) and 2) BLM Sensitive Species (3 species).
Nomenclature and habitat descriptions are based on the CHNP literature (Spackman et al. 1997).
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Table 1. Potential Federally-listed Threatened, Endangered and Candidate plant species
Scientific
Name
Common
Name Status* Habitat Preference
Penstemon
debilis
Parachute
penstemon C
Endemic to Garfield County with only five known
occurrences; sparsely vegetated, south facing, steep,
white shale talus in the Mahogany Zone of the
Parachute Creek Member of the Green River Formation.
Elevation: 7,800-9,000 feet
Phacelia
scopulina var.
submutica
DeBeque
phacelia C
This plant grows only in Garfield and Mesa counties within
the Piceance Basin in western Colorado… The plant is
restricted to the barren, dark gray and brown, clay soils of the
Atwell Gulch and Shire members of the Eocene and
Paleocene Wasatch geological formation
Sclerocactus
glaucus
Colorado
hookless
cactus
T
Endemic to western Colorado… generally found on coarse
soils derived from cobble and gravel river and stream terrace
deposits, or rocky surfaces on mesa slopes at 4,400 to 6,200
feet in elevation.
* E= Federal Endangered, T= Federal Threatened, C= Federal Candidate
Table 2. Potential BLM or CNHP listed sensitive plant species that may occur in the project area
Scientific Name Common Name Habitat Preference
Cirsium perplexans Rocky Mountain
thistle
Barren clay outcrops derived from shales of the Mancos or
Wasatch formations; open and disturbed sites in mixed shrubland
and piñon-juniper woodland. Elev. 5,000-8,000 feet
Astragalus
naturitensis
Naturita
milkvetch
Sandstone mesas, ledges, crevices and slopes in pinyon-juniper
woodlands. Elev. 5000-7000 ft.
Astragalus
debequaeus
DeBeque
milkvetch
Varicolored, fine textured, seleniferous, saline soils of the
Wasatch Formation-Atwell Gulch Member. Barren outcrops of
dark clay interspersed with lenses of sandstone. Elev. 5100-6400
feet
On BLM lands, several individual Colorado hookless plants were observed and recorded during
the survey at varying distances from the proposed Pipeline. Permission to survey TESS plants
on private land was granted for only a portion of the project area. No TESS plants were
observed in these surveyed areas. Furthermore, the private land areas that were not surveyed do
not appear to have suitable habitat for any TESS species. These areas consist of
greasewood/sagebrush communities in fine fluvial soils not typical for habitat of any of the plant
species concerned in this analysis.
5.2 Federal Listed Threatened, Endangered, Candidate Wildlife Species
No federally listed threatened, endangered or candidate wildlife species are known to occupy the
private lands of the proposed pipeline alignment and, thus, none of these species will be affected
as a result of the proposed project. All perennial and ephemeral washes potentially affected by
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construction (silt loading) drain into Conn Creek and from there into the section of the Colorado
River that is designated critical habitat for the Federally-endangered Colorado pikeminnow and
razorback sucker (Maddux et al. 1993).
5.3 State Listed Threatened, Endangered Special Concern Wildlife Species
WWE biologists determined that one state-listed threatened, endangered or special concern
species may occur within the project area and is listed in Table 3 (CDOW 2008b).
Table 3. Potential State-listed Threatened, Endangered and Special Concern wildlife species
Scientific Name Common Name State
Status Habitat Preference
Oncorhynchus
clarki
pleuriticus
Colorado River
cutthroat trout SC Perennial mountain streams on the Roan Plateau in
drainages of Parachute and Roan Creeks.
* E= State Endangered, T= State Threatened, SC = Species of Concern
Access was not permitted for surveys to identify presence of Colorado River cutthroat trout in
the project area.
5.4 Birds of Conservation Concern (BCC)
5.4.1 Raptors
Several raptor (birds of prey) species nest, reside, forage, or pass through the general area of the
pipeline project. Raptor species that are common to the area include Golden Eagle, Bald Eagle,
Red-tailed Hawk, American Kestrel, Cooper’s Hawk, Sharp-shinned Hawk, Northern Harrier,
Peregrine Falcon, Long-eared Owl and Great Horned Owl. The riparian corridors and shale
cliffs existing in the project area are of sufficient height and density for tree and cliff nesting
raptors.
Raptor species that are listed as BCC within the Piceance Basin, which may occur in the project
area, are listed in Table 4. In addition to the BCC list, eight other species of raptors that could
potentially be found nesting in the pipeline project area are also listed in Table 4.
Table 4. Raptor species that may be present in the project area
Common
Name Scientific Name BCC Habitat & Breeding Records
Northern
Harrier Circus cyaneus Y
Grassland, shrubland, agricultural areas, and marshes.
Nests in areas with abundant cover (e.g., tall reeds,
cattails, grasses) in grasslands and marshes. Also
known to nest in high-elevation sagebrush.
Cooper’s
Hawk
Accipiter
cooperii N Cottonwood riparian to spruce/fir forests, including
piñon/juniper woodlands. Nests most frequently in
pines and aspen.
Sharp-shinned
Hawk
Accipiter
striatus N High density young, or even-aged, stands of
coniferous forest and deciduous forests of aspen or oak
brush with small stands of conifers.
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Table 4. Raptor species that may be present in the project area
Common
Name Scientific Name BCC Habitat & Breeding Records
Red-tailed
Hawk
Buteo
jamaicensis N
Diverse habitats including grasslands, piñon-juniper
woodlands and deciduous, coniferous and riparian
forests. Nests in mature trees (especially cottonwood,
aspen, and pines) and on cliffs and utility poles.
Swainson’s
Hawk Buteo swainsoni Y Typically, arid grassland, desert, agricultural areas,
shrublands and riparian forests. Nests in trees in or
near open areas.
Golden Eagle Aquila
chrysaetos Y Grasslands, shrublands, agricultural areas, piñon-
juniper woodlands, and ponderosa forests. Prefers nest
sites on cliffs and sometimes in trees in rugged areas.
American
Kestrel
Falco
sparverius N Coniferous and deciduous forests and open terrain
with suitable perches. Nests in cavities in trees, cliffs
and buildings.
Peregrine
Falcon
Falco
peregrinus Y Piñon-juniper woodlands and coniferous and riparian
forest near cliffs. Nests on ledges of high cliffs away
from human disturbance.
Prairie Falcon Falco
mexicanus Y Grasslands, shrublands, and alpine tundra. Nests on
cliffs or bluffs in open areas.
Great Horned
Owl
Bubo
virginianus N Occupies diverse habitats including riparian,
deciduous and coniferous forests with adjacent open
terrain for hunting.
Northern Saw-
whet Owl
Aegolius
acadicus N Mountain and foothills forest and canyon country.
Significant use of piñon-juniper woodland and
Douglas-fir.
Long-eared
Owl Asio otus N Occupies mixed shrublands. Nests and roost in sites in
dense cottonwoods, willows, scrub oak, junipers and
dense forest of mixed conifers and aspens.
Bald Eagle Haliaeetus
leucocephalus Y Generally nest near larger bodies of water that support
fish populations. Nests in large trees and cliffs.
One nest was observed within 0.25 miles of the Logan Wash Pipeline alignment, within the
surveyed areas. The observed nest was not occupied at the time of the survey, but may have
been occupied the previous nesting season. One American Kestrel was observed (flying) in the
project area. The Kestrel was observed near the north portion of BLM on the pipeline alignment,
but no nest was found after a thorough search. The Kestrel was observed on two occasions and
was considered by WWE biologists to have been nesting in the higher elevation cliffs near Long
Point above the project area.
No known Bald Eagle nest sites are located within the project area. CDOW records (NDIS
2007) indicate Bald Eagle winter range is along the Roan and Conn Creek basins (Figure 2). It is
likely that wintering Bald Eagles forage in the pipeline project area. Bald Eagles often feed on
the carcasses of mule deer, which have died due to winter stress or highway road-kills.
Location information regarding the raptor nest observed during this survey is found in Table 5
and Figure 2.
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Table 5. Raptor Nest Sites
Raptor
Species
Occupied
(Yes/No)
Type
Nest
Map
Label
Distance
to
Alignment
NAD83 UTM
Zone12 Comments
Easting Northing
Unknown No Stick UNHA-1 350 feet 736092 4366974
Likely recent use by magpies.
The stick platform has
potential for several species.
5.4.2 Birds of Conservation Concern (BCC) other than raptors
WWE biologists surveyed permitted portions of the proposed pipeline route for the presence of
the sensitive BCC (Table 6) and their habitat in order to help evaluate the potential impacts of
this project. BCC habitat and nesting records, as described in the Colorado Breeding Bird Atlas
(Kingery 1998), Colorado Birds (Andrews and Righter 1992) and Birds of Western Colorado
Plateau and Mesa Country (Righter et al. 2004) in the vicinity of the proposed pipeline, are
summarized in Table 6. The Brewer’s sparrow, another sagebrush inhabiting BCC, was not
expected in this low elevation site and, therefore, was not included in Table 6, below.
Table 6. BLM sensitive & migratory bird species that may be present in the project area
Common
Name Scientific Name Habitat & Breeding Records
Pinyon Jay Gymnorhinus
cyanocephalus
Piñon-juniper woodlands. Nests in piñons or junipers.
Confirmed resident in Mesa and Garfield Counties in the
vicinity of the pipeline.
Black-
throated Gray
Warbler
Dendroica
nigrescens
Mature piñon-juniper woodlands. Nests on horizontal branches
in piñon or juniper.
Nesting has been confirmed in the area of DeBeque, Colorado.
Sage Sparrow Amphispiza belli
Large contiguous areas of low-elevation big sagebrush or
sagebrush/greasewood shrublands. Nests in sagebrush.
Breeding has been confirmed in area of DeBeque, Colorado.
One BCC species, Sage sparrow, was observed during the survey. The primary suitable habitat
for nesting would be in the mature sagebrush shrublands. Sage sparrows were encountered in all
of the mature sagebrush and sagebrush/greasewood stands. Pinyon Jays typically display
defensive responses to human intrusion into their communal nesting territories, which aid in the
detection of nesting territories. None of this behavior was noted during the survey. No singing
Black-throated Gray Warblers were observed or heard, which would indicate territorial, pre-
nesting behavior.
5.4.3 Greater Sage-Grouse
The Greater Sage-Grouse is recognized by the BLM and CDOW as a species of special concern.
Greater Sage-Grouse occupy the sagebrush shrublands on the divide between the Parachute
Creek and Roan Creek drainages. They require large, continuous areas of sagebrush habitat on
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flat gently rolling terrain with vegetation dominated by sagebrush (Artemesia tridentata var.
vaseyana) and, generally, lacking an overstory of mountain shrub or woodland species.
Recent research by the CDOW reveals that approximately 80 percent of the females nest within a
4-mile radius of the lek on which they were bred (Colorado Greater Sage-Grouse Conservation
Plan 2008).
The Logan Wash Pipeline alignment is located outside the normal habitat for Greater Sage-
Grouse, but a portion falls within the 4-mile radius from an active lek (Chimney Rock) and a
historical lek (Long Point).
No sage-grouse sign was observed during the surveys. It is unlikely that sage-grouse will occur
on the project site, due to the habitat and terrain present along the proposed pipeline. Active and
inactive lek sites can be seen in Figure 2.
5.5 Terrestrial Species
5.5.1 American Elk and Mule Deer
The proposed pipeline
alignment lies within
CDOW, Game
Management Unit
(GMU) 31. The project
area is situated within
mule deer and
American elk overall
range. It is also
included in mule deer
winter range and the
northern portion in elk
winter range. The
proposed pipeline
alignment lies within
mule deer winter
concentration areas and
severe winter range as
mapped by CDOW
“NDIS” (Figure 3). During the survey, two mule deer groups were observed, along with
droppings, and fresh tracks throughout the project area.
Elk and mule deer utilize the range extensively on the Roan Creek drainage, following the snow
line to higher elevations in the spring. Mule deer rely on the existing sagebrush and shrubs for
their primary food source, while elk rely primarily on available grasses for food. Areas of piñon
juniper woodlands and scattered oakbrush and serviceberry copses provide necessary forage and
production areas as well as escape, thermal, and loafing cover for deer and elk, particularly
during the summer period.
5.5.2 Black Bear and Mountain Lion
Photo 1. Mule deer at north end of Logan Wash Pipeline area
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CDOW “NDIS” mapping shows the Logan Wash Pipeline alignment to be within overall range
for black bear and mountain lion. A black bear fall concentration area is located at the northern
portions of the pipeline alignment (Figure 3) reaching into upper Conn Creek, the East Fork of
Conn Creek and Bowdish Gulch.
Black bear are a common resident mammal on the Roan Plateau. Black bears are omnivorous
and the diet depends largely on what kinds of food are seasonally available, although their
mainstay is vegetation. In spring, emerging grasses and succulent forbs are favored. In summer
and early fall, bears take advantage of a variety of berries and other fruits. In late fall,
preferences are for berries and mast (acorns), where available. When the opportunity is present,
black bears eat a diversity of insects, including beetle larvae and social insects (ants, wasps, bees,
termites, etc.), and they kill a variety of mammals, including rodents, rabbits, and young or
unwary ungulates. The Roan Plateau provides important habitat to black bear during the late
spring, summer and fall months with its abundance of berry and mast producing plants including
serviceberry, chokecherry and Gambel oak. Black bear are in hibernation from mid-November
through May.
Mountain lion typically follow migrating deer herds in search of deer as the primary food source.
Mountain lion have large territories and are highly mobile as they search for food or new
territories. Mountain lion prefer to hunt in rocky terrain near woodland habitats. These habitat
conditions occur within the project area. Mountain lion could travel through and hunt in the
project area year-round. The project area is not mapped by CDOW as a potential mountain lion
conflict area.
5.5.3 Small Mammals
Common small mammal species (small game, furbearers, non-game) that may be present on the
project site include coyote (Canis latrans), golden-mantled ground squirrel (Spermophilus
lateralis), valley pocket gopher (Thomomys bottae), cottontail rabbit (Sylvilagus spp.) white-
tailed jackrabbit (Lepus townsendii) and least chipmunk (Tamias minimus).
Species of bats from the genera Myotis may be present in the woodlands including two BLM
sensitive species Myotis yumanensis and Myotis thysanodes.
5.5.4 Other Bird Species
The proposed project lies within overall range for wild turkey (Merriam’s - Meleagris gallopavo
merriami). Wild turkeys are commonly observed in the Roan Creek drainage area.
The project areas’ shrublands, woodlands and understory grasses provide nesting and foraging
habitats for various other migratory and non-migratory bird species, depending on the season of
the year. Bird species that may occur on the project site include; Black-billed Magpie (Pica
pica), Common Raven (Corvus corax), Mountain Bluebird (Sialia currucoides), Brewer’s
Sparrow (Spizella breweri), Vesper Sparrow (Pooecetes gramineus), Tree Swallows
(Tachycineta thalassina), Cliff Swallows (Petrochelidon pyrrhonota), Turkey Vulture (Cathartes
aura) and Green-tailed Towhee (Pipilo chlorurus).
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5.5.5 Reptiles
Plateau striped whiptail
(Cnemidophorus velox),
sagebrush lizard (Sceloporus
graciousus), short-horned
lizard (Phrynosoma
hernandesi), collared lizard
(Crotaphytus collaris),
Western terrestrial garter
snake (Thamnophis elegans),
Racer (Coluber constrictor),
bull snake (Pituophis
catenifer) and western
rattlesnake (Crotalus viridis)
are reptiles potentially occurring in the project area. Two short-horned lizards (Phrynosoma
hernandesi) were observed during the surveys (Photo 2).
5.6 Aquatic Species
5.6.1 Amphibians
Two BLM sensitive species Northern Leopard frog (Rana pipiens) and Great Basin spadefoot
(Spea intermontana), along with the Tiger salamander (Ambystoma tigrinum) and Chorus frog
(Pseudacris triseriata), may occur in suitable ponds and in perennial streams and wetlands near
the project.
5.6.2 Fish
Conn Creek is the only perennial drainage within the project area. Since access to Conn Creek
was not permitted for survey of fish populations, it is unknown whether any fish exist in this
creek.
5.7 Cultural Resources
Eight CRI surveys have previously taken place in some areas of the project alignment prior to
this survey; most of the alignment has been previously surveyed for cultural resources. During
this survey a newly recorded site (5GF4211) and two isolated finds (5GF4213 and 5GF4214)
were located on private lands. Site 5GF4211 was field determined as “needs data”, or more data
is needed to determine eligibility status. Site 5GF4211 (Field Needs Data) is situated 60 feet
from the centerline of the proposed pipeline. GRI suggested fencing on the eastern boundary of
the site for avoidance and protection.
5.0 AFFECTS TO WILDLIFE
5.1 Wildlife Impact Assessment
Construction of the Logan Wash Pipeline will affect site-specific native vegetation and wildlife
habitat adjacent to the project site. Affects will be minimized by locating the pipeline within and
adjacent to the currently disturbed ROWs. Because the alignment is within an existing pipeline
corridor, the project will minimally contribute to the overall cumulative impacts to the wildlife
Photo 2. Short-horned lizard near pipeline alignment
WestWater Engineering Page 15 of 20 December 2008
populations of the Roan Plateau that are experiencing gradual habitat loss, fragmentation,
alteration and displacement through increased development.
5.1.1 Terrestrial Species
5.1.1.1 Elk and Mule Deer
Potential affects include the temporary loss of a small amount of elk and mule deer winter
ranges. Since the pipeline parallels an existing ROW for most of the alignment, the minimal loss
of forage is not significant. Human presence and activities during the project may create a direct
disturbance for elk and deer populations within 0.25 miles of the project area.
5.1.1.2 Birds
Greater Sage-Grouse: Sage-grouse are highly dependent on sagebrush dominated habitats on
the Roan Plateau. The quality and quantity of this habitat type dictates its suitability for sage -
grouse. Disturbance to sagebrush shrublands that reduces the availability and suitability of
presently occupied habitat would affect this species. However, no suitable sagebrush habitat is
located within or near the proposed project. The nearest lek to the proposed pipeline is Long
Point Lek (historical lek site) and it is located 1.5 miles from the alignment with a large, steep
canyon wall between the lek site and the project site.
Passerine Species: The affects to foraging and nesting habitat to a small number of bird species
is expected to be minimal.
Raptors: One nest site is located where removal of the nest tree is a concern. Regardless of
observed unoccupied nests, the activity status of these nests is currently unknown by CDOW
definitions, as the nests have been observed for only one season. Raptor nesting within 0.25
miles of the pipeline alignment could potentially be indirectly affected by disturbance associated
with pipeline construction, including equipment and human presence. Nest sites that are in
direct-line of site of construction activities have the most potential for being adversely affected.
Effects of disturbance to nest sites are often mitigated when vegetation or terrain features are
present to hide the nest from direct-line of sight.
5.1.1.3 Black Bear and Mountain Lion
Due to the large home range of both black bear and mountain lions, and because of the extensive
amount of available habitat for these species, no adverse affect from this project for these species
is expected.
5.1.1.4 Small Mammals
The amount of available habitat for small mammals, including bats, should not be affected
significantly by the pipeline project. Disturbance will occur primarily within an existing pipeline
ROW with only a small amount of new disturbance in the temporary work spaces of the pipeline.
This small amount of new disturbance is not expected to impact small mammal populations.
5.1.1.5 Reptiles
The amount of available habitat for reptiles should not be impacted significantly by the proposed
pipeline project. Disturbance will occur primarily within an existing pipeline corridor, with only
a small amount of new disturbance for this project. This small amount of new disturbance is not
expected to affect reptile populations.
WestWater Engineering Page 16 of 20 December 2008
5.1.2 Aquatic Species
5.1.2.1 Amphibians
Downstream individuals would be most susceptible in the event contaminates were introduced to
surface water during construction activities. The amount of available habitat for amphibians
should not be affected significantly by the proposed pipeline project. Disturbance will occur
primarily within an existing pipeline corridor, with only a small amount of new disturbance for
this project. This small amount of new disturbance is not expected to affect amphibian
populations.
5.1.2.2 Endangered Fish
The Colorado pikeminnow and the razorback sucker are both federally-listed fish species that
occur in the Colorado River. Potential impacts from the proposed pipeline include: water use,
sedimentation of tributaries to the Colorado River, and spills of chemicals and fuels from
equipment.
It is not likely that endangered fish will be affected by this project, due to the distance from the
Colorado River and the project size.
6.0 AFFECTS TO TESS PLANT SPECIES
No TESS plants were found on private lands where surveys were allowed for the Logan Wash
Pipeline. Areas not surveyed are not suitable for TESS plants that are anticipated for the region;
therefore, the project is not expected to affect any TESS species on private lands.
7.0 MITIGATION RECOMMENDATIONS
The following recommendations for mitigation are presented for maintenance and improvement
of wildlife habitat, quality and prevention of human-caused impacts to resources.
7.1 Maintenance and Restoration of Habitat
Sagebrush communities in the Piceance Basin have declined over the years and continue to do so
as a result of development and loss of habitat. Noxious weeds and invasive plant species have
now invaded many habitats due to construction and ground clearing of native vegetation.
Woodlands, sagebrush and native grasses are key food sources for elk and mule and provide
nesting and foraging habitat for a variety of migratory birds and small mammals. Reclamation
plans should include efforts to restore these vegetation communities, particularly the sagebrush
community for sage-obligate species.
Reclamation recommendations include the following:
1. Seeding of native Wyoming and big basin sagebrush should be added to the re-vegetation
plan. Local, ecologically adapted sagebrush seed from the existing sagebrush vegetation
near the project area should be used in reclamation.
WestWater Engineering Page 17 of 20 December 2008
2. Ongoing control of noxious and invasive weeds is recommended as an additional method
to maintain native vegetation communities and favorable wildlife habitats. An
“Integrated Vegetation and Weed Management Plan” is provided for this project in a
separate report.
7.2 Planning for Sensitive Time Periods and Areas
7.2.1 Mule Deer and Elk
Disturbance associated with construction equipment and personnel may cause elk and mule deer
to select habitats in more secluded areas away from the pipeline corridor during construction.
Construction activities during the winter months will impact deer and elk winter range as
mapped by the CDOW “NDIS”. According to the Colorado Oil and Gas Conservation
Commission’s final draft rules of November 7, 2008, elk winter range is excluded from the rules
as sensitive wildlife habitat. Deer critical winter range and deer severe winter range are included
in the new 2008 rules; both of which are located within the project area (COGCC 2008). It is
suggested that if construction activities begin during the winter, that BLM stipulations for deer
and elk winter ranges be implemented to protect possible wintering animals from human
disturbance. BLM stipulates that no activities are to occur during December 1 to May 1 in deer
or elk winter ranges (BLM 1987).
7.2.2 Migratory Birds
In order to comply with the Migratory Bird Treaty Act by showing a good faith effort to reduce
potential impacts on nesting birds, brush clearing in sagebrush stands and piñon-juniper
woodlands habitats should take place outside of the nesting seasons. Nesting season is generally
considered between May 15 and July 31 in this area for most species. June 1 to July 15 is the
peak period when most incubation and brood rearing takes place. If brush clearing can occur
prior to May 1, most affected birds will relocate to alternate nesting sites. After mid-to-late July,
most fledging has occurred and brush clearing impacts would be minimized.
Pinyon Jays are an exception to typical nesting periods in this area and are known as an early
nester. Records show nests with eggs as early as March 23. Often young birds have fledged by
May 15. Since Pinyon Jay habitat makes up a lesser amount of the ROW, the pre-May 1
vegetation clearing recommendation is acceptable and adequate to avoid destruction of active
migratory bird nests.
7.2.3 Greater Sage-Grouse
In order to reduce the likelihood that sage-grouse populations decline near the project area,
effective natural gas pre-development planning and post-development practices offer the best
prospect for mitigating adverse affects to sage-grouse populations. Planning development with
projects engineered to avoid, minimize, and mitigate affects of natural gas development are
approaches that result in the most favorable mitigation outcomes.
7.2.4 Raptors
Activities associated with the proposed project have the potential to impact raptor populations.
In order to reduce the potential affects to nesting raptors, it will be important that the project
proponent schedule construction activities such that they do not interfere with breeding, nesting
WestWater Engineering Page 18 of 20 December 2008
and brood rearing activities. CDOW’s (Craig 2002 and Klute 2008) recommended raptor nest
site avoidance standards for the species observed in this survey are summarized below (Table 7).
If the project cannot be completed prior to, or after, the next nesting season, known nest sites
should be re-inventoried by qualified biologists. If any birds are found behaving in a manner
consistent with nesting, every effort should be made to apply the timing limitation and buffer
distance stipulations.
Table 7. Timing and buffer recommendations for active raptor nests
Species Buffer Zone Seasonal Restriction
Red-tailed Hawk 0.33 mile 15 February - 15 July
Swainson's Hawk 0.25 mile 1 April - 15 July
Sharp-shinned Hawk 0.25 mile 1 April - 15 August
Cooper's Hawk 0.25 mile 1 April - 15 August
American Kestrel * *
Peregrine Falcon 0.5 mile 15 March - 31 July
Prairie Falcon 0.5 mile 15 March - 15 July
Golden Eagle 0.25 mile + alt. nests 15 December - 15 July
Bald Eagle 0.50 mile 15 October - 30 July
Northern Harrier 0.25 mile 1 April - 15 August
Long-eared Owl 0.25 mile 1 March - 15 July
Northern Saw-whet Owl 0.25 mile 1 March – 15 July
Great Horned Owl * *
* Great Horned Owls and Kestrels are relatively tolerant of human activity. Keep activity to a minimum during breeding seaso n.
7.3 Other Mitigation Practices
In regards to cultural site 5GF4211, GRI suggested fencing on the eastern boundary of the site
for avoidance and protection.
Efforts to control soil erosion within the project area should be implemented. Disturbed soils
within the project area are susceptible to erosion and downstream water quality could be
negatively affected by increased soil erosion. In addition to stormwater management around the
project site, other current factors (noxious weeds, livestock grazing, other natural gas
development) affecting soil erosion should be managed and remedial measures implemented.
Prior to construction in the vicinity of potential stream crossings, appropriate consultation with
the U.S. Army Corps of Engineers (ACOE) is recommended.
To protect the integrity of the perennial stream ecosystems and the associated riparian habitat
within the project area, precautions should be taken when crossing or intersecting the drainages
identified. Implementation of a storm water management plan and standard best management
practices, including adequate barriers and filtration methods, should be used to prevent and
reduce soil from eroding into perennial streams and riparian areas. This may include the
installation of check dams along small ephemeral drainages and vegetation restoration.
WestWater Engineering Page 19 of 20 December 2008
8.0 REFERENCES
Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and
Habitat. Denver Museum of Natural History, Colorado.
BLM. 1987. Grand Junction Resource Area Resource Management Plan and Record of
Decision. Bureau of Land Management, Department of the Interior, Grand Junction.
CDOW. 2008a. Colorado Division of Wildlife. Natural Diversity Information Source.
http://ndis.nrel.colostate.edu/wildlife.asp.
CDOW. 2008b. Colorado Division of Wildlife. Wildlife Species of Concern. Threatened and
Endangered List. CDOW Web Home Page:
http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/ThreatenedEndangeredList.
COGCC. 2008. Final Draft Rules: Commission Review Copy. Colorado Oil and Gas
Conservation Commission, Department of Natural Resources.
Colorado Greater Sage-grouse Steering Committee. 2008. Colorado greater sage-grouse
conservation plan. Colorado Division of Wildlife, Denver.
Craig, Gerald R. 2002. Recommended Buffer Zones and Seasonal Restrictions for Colorado
Raptors. Colorado Division of Wildlife, Denver.
CWMA. 2007. S. Anthony, T. D’Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, and K.
Uhing. Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management
Association, Centennial.
GRI. 2008. Class III Cultural Resource Inventory Report for the Proposed Logan Wash Pipeline
in Garfield County, Colorado. Grand River Institutes, BLM Project #1108-06.
Kershaw, Linda, A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine
Publishing, Auburn, Washington.
Kingery, H. E. 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado
Division of Wildlife, Denver.
Klute, D. 2008. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors.
Colorado Division of Wildlife, Denver.
Maddux, H., L. Fitzpatrick, and W. Noonan. 1993. Colorado River Endangered Fishes Critical
Habitat. Biological Support Document. U.S. Fish and Wildlife Service, Utah/Colorado
Field Office, Salt Lake City, Utah, 225 pp.
NDIS. 2007. Natural Diversity Information Source, Colorado Division of Wildlife, 6060
Broadway, Denver, Colorado: http://ndis.nrel.colostate.edu/index.html
NRCS. 2008. U. S. Department of Agriculture, Natural Resources Conservation Service. Web
Soil Survey: http://websoilsurvey.nrcs.usda.gov/.
Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and
Mesa Country. Grand Valley Audubon Society, Grand Junction, Colorado.
Suarez Subdivision
Lot 44 - Grass Mesa
Proposed
Building Site
WestWater Engineering Page 20 of 20 December 2008
Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997.
Colorado Rare Plant Field Guide. Prepared for the U.S. Bureau of Land Management,
the U.S. Forest Service and the U.S. Fish and Wildlife Service by the Colorado Natural
Heritage Program.
USFWS. 2002. Birds of Conservation Concern 2002. U.S. Fish and Wildlife Service, Division of
Migratory Bird Management, Arlington, Virginia.
Weber, W. A., and R. C. Wittman. 2001. Colorado Flora Western Slope, Third Edition.
University Press of Colorado, Boulder.
WWE. 2008a. EPCO, Inc. Logan Wash to Conn Creek Pipeline Corridor Biological Survey
Report - BLM Affected Lands. Prepared by WestWater Engineering, Grand Junction,
Colorado.
WWE. 2008b. EPCO, Inc. Logan Wash to Conn Creek Pipeline Corridor Biological Survey
Report - BLM Affected Lands Report Addendum. Prepared by WestWater Engineering,
Grand Junction, Colorado.
WWE. 2008c. EPCO, Inc. Logan Wash to Conn Creek Pipeline Corridor Biological Survey
Report - BLM Affected Lands Supplemental Report. Prepared by WestWater
Engineering, Grand Junction, Colorado.
WWE. 2008d. Integrated Vegetation and Noxious Weed Management Plan: Logan Wash
Pipeline. Prepared for EPCO, Inc., as requested by Garfield County, Colorado and prepared
by WestWater Engineering, Grand Junction, Colorado
Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and
Robert Parker. 2004. Weeds of the West, Ninth Edition. Western Society of Weed
Science in cooperation with Cooperative Extension Services, University of
Wyoming. Laramie.
PROPERT\I L EASE 1\G REE;\I ENT
This Prupcrl)' Lcnsc Agrccmc111 ("LCJ1sc") is maJc and c ntco cd onto this ~'(l~ dny of
April, 2008 (tho "l!xccution 03tc"), but cffccttvc a• of May I, 2008 (the "E.flcctivc Date") by a nd
bct,vcen S pt:ciu h y ft cstnurant.s C()rp,,mlion a11d S 1oel .. 1o n Res tnurant Cor1)0r!'\lion , ""hose
addresses nrc 8 J<Jl E. Ka iS<'r Olvd., Annhenn, Cf\. 92808 hcreinol'\cr referred to as ("Lessor") nnd
F.o C~n~ Oil & Cu1 (US A) Inc., whO$C nddrcs~ is 370 17"' Stuet, Suite 1700, Denver, Colorndo
80202, its succcsso11> nnd assigns here1n.1l1cr referred to•~ ("Lessee"}.
Whereas, EnCona Oil & Ga• (USA) Inc. desires to lc!l.•c p1opcrty 111 Ga1r1cld County,
Co lOftldo, for the purpose of main tai ni ng a tcm1)()r:1ry construction smgi ng nre~. pipe off-loading
si te and pipel ine nnd cqu1pmcnr storage ynrd . l.t:SSee s hall, under 1hc terms Clf thi s I case, hnve t he
exclusive ri ght of in gress rmd egress, and the righl 10 cnjoy 1he exclus iv e use nud occu pancy of
1he prope rty dcsccibcd below. Lessee h,1s the righ1 10 assign t his Lease o r th e ri glu 10 s u lilc:1se the
above described propcny with Lessor's approval, <uch nprroval not 10 be uurcn<onably withheld,
co ndit ioned, or de lnycd, Gt nny lime for the purpose sm1cd herein 111 uccordnnce wi1h t he
provisions set fonh be low, this uau " co11111111e111 11po11 oppro,.al of a Spaw/ U.<~ Ptrmit front
Oorfidd County 811ddmg and P/am1111i; D<-1~1rtnte111, which 1he Lessor cnnnol 1crmirrnu: prior 10
1hc tcrmioltion of 1hc L.case. Lessee w ill apply for • Spcci~I Use f'cr111i1 wuhm 4S days or 1hc
Exccuuon Onie. I( 1hc Lessee docs nt.t .1pply w11hio ·15 d>)-S of the i.;,ccu11011 D>tc, this L<nse
sha ll tcrnun atc upon expiration of the 4S-dny 1><:nod. Proof of applicJlion shnll be forwarded 10
Lessor before the expiration of the 45 day·i>cri od.
Whe1cu), LC$sor wanMtS 1h;il th ey nre 1h c o"ncr of cen.1111 rcn l propcny located in
Garfie ld Coun1y , nod
Where.is, Lessor desires fO lcnsc p1opc1ty ti> EnC:m" 011 & G.o< (USA) lue for lhc
purpo~ descr ibed 3bovc,
The,eforc, "' considcf3rjon of fhe pnnn1.)C:t .rud ntutuJI Cu\-cn.1nt<t ;uuJ t.:out11tto11s sc:1 iOrHr
111'1ow, the p.111i~ 11grce ns follows :
I. C!!rUO~· Lessor agree> 10 lease lo l.e~sec :i p>rccl of ln 1111 loc11 1cd 111 rownship 8
South, na11 ge 96 Wes t, part of Scc1ions 5 311d 6, as described 011 the ronachcd
C.~hibit A, iu G•rlicld Co11111y, (.'o ltlrndo (the "Leased 1'1opc11y"), as n tem porary
coumuetion Staging urco, pipe ofl:loaJing SllC 01111 Jllllel111c and CC)uipn>cnl
!iifOt!tt)C' y:ttd, hO\\'C\'Cr lht:rc \~ill be uo haznrdous ntafer1.1J Sf<JlilSC.
2 . Is.tm. rhe term of1hC. Le•Sc >hall be for 3 12 UlOtll h period, bc~uming i\13) I,
200K continuing ll11011i;h April JO, 2009 with the 11111C)l11c1c'<I option <•f 1h e
usscc 10 continue 10 lease the Lcn1cJ Property thcrcnll<r, lor an ltddiuonnl 011~
y.:ar period, if it is ncecssn1y for .aid constmction stngius. ripe nml I 01
equipment to be mai111a11 1cd thc 1 ~.on.
J ~tl~lion . The cons1d conttu11 for 1hc 12 month lcnsc 1~ , 1>:1id
at the tnnc of app1ova l uf the Spec on I Use Permil and wi1h 1hc Lcs)Or 10 receive a
copy of tho Spc:c1nl Use Pc111111 No nork shall be p.:1 fo11ncd '"ch 3S fencing,
JV·IVCI, or 10St3113tion or ro.1d\\,ty>, .rnd 110 occup.111<:) Of lhC )'Ort! sh.1!1 O<:'Ur,
u111il the Special u,e l'~n1111 is ~Pl''°' 0tl. The cons1dcr.1t1un 10 c"cnd the LcG"'
101 ~o .1Jtl11ional one )'C.it period is SI00,000.00 P·•~>blc 30 •l•y> pnor to 1he
@A}IP Use Only: OAHP D9c. No. -='-"'"--__;,;_--=-:..:.:::_....;:_ __ ~-O~H P Proj ~ct No . .:....._ _____ __.::__
Colorado Office of Archaeology and Historic Preservat ion
LIMITED-RESULTS CULTURAL RESOURCE SURVEY FORM
(page I o f 3)
Small scale limited results projects inclu de block surveys under J 60 acres and linear surveys under four miles. To be in cl uded
under the se gui de li nes there s hou ld be no si tes and a maximum of four Isolated F ind s. Sec manu al for instructions. This form
must be typed.
I. IDENTIFICATION
1. Report Title (incl ud e County): Class III Cu ltura l Resource s Inven tory for two proposed pipe yard locations
in Garfield County, Colorado for Encana Oil and Gas (USA). Inc .
2. Date of Field Work: April 14 and 15, 2008
3. Form completed by: --'=C"""ar=l-=E::..:.·--=C:....:o=n=n=er"---------Date: April 16, 2008
4. Survey Organization/ Agency: _.::G;..:.ra=n=d=-R::..=.;ivc...:::e;.:.,r ..:.:ln;.;.;s~t i:;..;.tu""'t:..=.e ________________ _
Princip~lnvestig~o r: _C:a~r~l~E~·~C~o=~=e=r--------------------~
Principa l Investigator's Signature: ------------------------
Oilier Crew:-------------------------------
Ad dress: __ .:..P.:...::.O::...:.·-=B~o.:.::.x..::.3..:::..54..:..:3::l.,....:::G:'...!.r~anc:..::d"-'J:.=u=nc::::.:tc:..::io:.:.:ni., C=0....::8:..:1..:::..50::::.:2=---------------
5. Lead Agen cy J Land Owner: Bureau of Lan d Management, Glenwood Springs Fi el d Offi ce
Con tact: Cheryl Harrison, Archaeologist
Address: P.O. Box 1009, Glenwood Springs, Colorado 8 1601
6. Cl ient: Encana Oil and Gas (USA), In c.
7. Pe 1m it Type an d Number: _ _.::B::..:L::!M~---~C;...,:-5::..:2::..:.7..:..7..:::..5 _________________ _
8. Repo11 I Contract Number: _...:::G:..::.R=Ic..::Pc..:.r..:::.01J..::·e..:::.ct=-N::..:.::.o'-'. 2""'8::.::2:..::.3 ________________ _
9. Comments: -------------------------------
II. PROJECT DESCRIPTION
10. Typ e of Undertak in g: Construction of storage/stag ing areas for pipe line material s (-27 acres total).
11 . Size of Und ertaking (acres): _2~7'-----Size of Project (if different): --'2=-7'-a=c=r=es::.......... ____ _
12. Na tu re of the Anticipated Disturbance: _B=la::.:::d;.:.:i n:;..cg:i...;a;;.:.n:..::.d:..cgr=ad::..:i=ngo..-=.;fo::..::r--=so.;.;to::..::r~ag""e:;.;./::.::st=ag=i=n=g ...J..y=ar;;..;;·d=s.:..... ____ _
13. Comments: Th e project are a at the northeast has been previous ly disturbe d by land clea rin g act ivi ties
and is bordered by a com pressor si te; the blo ck area to the southwes t has been heavily di sturbed
bv orazing activities.
Limited-Res ults Cul t u ral R eso urce S urvey Form
(page 2 of 3)
III. PROJECT LOCATION
14. Description: Project area is lo cated approximately 5 to 8 miles northeast of the town of Debegue, CO
15. Lega l Location
Principal Meridian: 6th __lL NM
Quad. Map: Parachute
Quad. Map: Red Pinnacle
Township:_7_.S __ Range: 96 W
Township : 8 S Range: 96 W
Ute
Date(s): _19_6_2 ____ _
Date(s): 196 2/1973
Secs.: 27 SW SW
Secs.: 5 NW, NW and 6 SE. NE
16. Total number of acres surveyed: 27 (private land)
17.Comments: -------------------------------
IV. ENVIRONMENT
18. Genera l Topographic Setting: Colorado River valley between Parachute a nd Debeque
___ Curre nt Lan d Use: __ O"'"p"'-e=n'-'r""a""'ng""-e'-1'--a"'"n""d,L...;r...;;.e=si.-.d=en=t--ia=l ..;.;.an=d;.;....;.;;en;.;;.ce"'"rgy""'--'"-de"--v--'e-lo'""p"'"'m"""e"'""n"""t. ________ _
19. Flora: Sageb ru sh, greasewood, grasses an d forbs.
__ 20. So il s/Geolo gy : Tan sandy soil I Grav els and alluviu m deposits of the Quaternary Age
21. Ground Visib i lity: 20-30 %
22. Comments: Heavy greasewood vegetation covers mu ch of th e project area.
V. L TTERA TURE REVIEW
23. Location of File Search: BLM Glenwoo d Springs Field Office & SHPO Compass Website
Dates: Apri l 4, 2008
24. Prev ious Survey Activity
In the project area: No projects have been previo usly conducted within either of the two block areas ,
however, a block area of BLM Project #5 407 -10, "E ncana 33 Proposed Well Pads Orchard 2 Mesa
GAP in Garfiel.d Co unty, Co lorado" conducted by Metca lf Archaeologica l Co nsultants in 2007 was
surveye d ju s t south of the pipe yard at the so u thwest.
In the genera l area: Num erous energy re lated project s have been conducted within a mile of the present
project area and are shown on the attached lists.
Limited-Results C ultural R eso urce Survey Fo rm
(p age 3 of 3)
V. LITERATURE REVIEW (continued)
2 5. Known Cultural Reso urces
In th e project area: ---'N~on:.:.;e~·---------------------------
In the general region: T he previously r ecorded cultural resources near the two pro ject areas are primari ly
hi storic featu res (i.e. wate r cont rol featu res, brid ges, roads etc.) although a few p rehistoric sites have
also been recorded (see attached lis ts). A dditionally, overviews of the pre hi story and h istory of the region
a re provided in the Colorado Council of Professional Archaeologists publication entitled "Colorado
Prehistory: A Context for th e North ern Co lorado River Basin" (Reed and Metcalf 1999), and the Co lorado
Historical Society's publ ication entitled "Colorado Plateau Country Historic Co n text"(Husband 1984).
26. Expected Re su lt s: Lim i ted cultural resources were expected due to previ ous disturbance and heavy
vegetation cover.
VI. STATEMENT OF OBJECTIVES
27. The p urpose of the study was to ide ntify a nd record all cultura l remains over 50 years o ld within th e
area of potential impact, to assess their significance and e ligibility to th e National Register of Historic
Places (NRHP), an d make recommendations concerning managem e nt. If po ssi ble, the rem ains will
add to our under standing of the prehis tory and hi story of the region.
VII . FIELD METHODS
28. Definitions: Sites were define d as a discrete locus of patte rn ed act ivity grea ter than 50 yea rs of age and
consis ting of fi ve or more prehistoric artifacts with or wi thou t fe atures or ove r 50 hi storic artifacts with associated
features. Also, single isolated hearths with no oth er associated artifac ts or features were lo b e recorded as a site.
lF Isolated finds were defined as less than five ar tifac ts withou t assoc iat ed features. Exce ptions to thi s defi niti on
inclu de historic tra sh dum ps without associated featur es; a sin gle co re reducti on event wit h a s in gle core and associated
redu ction debit age ; a si ngl e pot drop, wh ere th e sherds ure from a si ngle vesse l; o r, a prospector pit with/or with out
art ifacts and no associated historic structures or featu res.
29. Describe Survey Method: The proposed b lock areas were walked by two archaeo logists in zig zag
transects sp aced approximate ly 15 meters apar t within the flagged locations to cover a total of
ap proxim ately 27 acres of private land . Crew members wo rked from USGS 7 .5 minute series maps.
VJII. RESULTS
30. List IFs if applicab le. Indicate IF location s on the map co mpleted for Part lll.
A. Smithsonian Number: -------Description: ----------------
8. Smithsoni an Num ber:
3 1. Us ing your professional
------Description: -----------------
know ledge of t he region , why are there none or very limited cultural
re m ains in the project area? Is there subsurface poten t ial?
Most of the project areas lie within previously disturbed areas. There is no subsurface potential.
E n Can a G RI# 2823 C ompass Search
Pipe Yard at SW
T. 7S., R. 96W ., Sec. 31, 32
S ite ID S ite T yp e Assessm e nt UTM Co ordin a t es
5GF.312 Open Camp Eligible -F ield
5GF.2937.l His toric , Water Control Not Eligib le -Officially
Project # Title/ Au t hor/Date/Con tract o r
ME.C H .RI Title: Debeque Canyon to Grand Vall ey Hist
Author: Unknown
Date : 0 1/01/1979
Contractor: Colorado D ept. O f Highways H ist
MC.HW.R9 Title: Cultural Resources Report for H istoric Resources, D ebcque Canyon to Grand
Valley, Garfield and Mesa Counties, Colorado (I 70-1(19 )&[36]).
Author: Unknown
Date: 01/0111979
Contractor: Colorado Department of Hi g hways
GF.LM.NR l 92 Title: Cultural Resources Inventory Report on Proposed Federal# 1-29 Well and
Related New Access in Garfield County, Co for Barrett Energy Company
Author: Conner, Carl E.
Date: 0 9/22/1 986
Contractor: Grand River Instilllte, foe.
MC.OI.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the P ro posed
Adesta Communications F iber Optic System (C SW00-102)
Author: Sherman, Stephen A. Tania R . Metca lf, Mary W. Painter, D. Chadwick Jones,
Chi stian J. Zier
Date: 03 /01/2000
Contractor: Centennial Archaeology fo r the Colorado Department of Trans portation
MC .LM.R23 2 Title: Piceance Basin Pipeline Class Ill Cultura l Resources Inventory, Garfield and
BLM #12702-1 Mesa Counties, Colorado (SWCA 02-183)
Author: Martin, William and Andrew Sawyer
Date: 03/26/2002
Contractor: SWCA, Inc. Environmenta l Consultants fo r the BLM, Grand Junction
Field Office
Project# Title/Auth or/Date/Contractor
GF.LM.R366 T itle: Class III Cu ltural Resou rce Inve ntor y Report for the P roposed P ipeline Route
BLM #11 07-9 from the Orchard Unit Compressor to Ok-1 1 Well Location in Garfield County,
Colorado for Encana Oil and Gas, Inc. (USA) (GR! N O. 26106)(BLM GSFO# 1 107-9)
Author: Conner, Carl and B arbara Davenport
Date: 11109/2006
Contractor: Grand River Institute
T. 8S., R., 96 W., Sec. 5, 6
Site ID
5GF.519
SGF.2741.1
Project#
M C.CH.R96
M C.R.R2 8
M C.LM.R232
GF.LM.R 366
Site T y p e A ssess m e nt UTM Coordinates
Open Arch it ectural E li gible -Officially
Historic , Water Control Needs Data -Officially
T itle/ Author/Date/Contractor
Title: Inte rstates 25, 70, 225, and 270, U .S. H ighw ay s 13 and 470 for the P roposed
Adesta Communications Fiber Optic System (C SW00-102)
Author: Sherman, Stephen A. Tania R . Metcal f, Mary W . Painter, D. C hadwick
Jones, C histian J. Zier
Date: 03/01/2000
Contractor: Centennial Archa eology for th e Colo rad o Department of
Transportation
Title: Class 111 Cultural Resources Inventory of373 Acres fo r th e Proposed
Debeque Wildlife Area, Mesa and Garfield Count ies, Colorado (Original and
Addendum Survey of 47 Acres)
Author: Coul am, N a ncy; Hurley, W arre n
Date: 06/01/2000
Contracto r: Archaeologists for th e Bureau of Rec lamation, Upper Colorado Region
a nd SWCA Inc .
Title : Piceance Basin Pipeline C lass III C ultura l Resources Inventory, Garfie ld and
Mesa Counties, Colorado (SWCA 02 -183)
Au thor: Martin. William and Andrew Sawyer
Date: 03/26/2002
Contractor: SWCA, Inc. Environmental Consultants for the B LM , Grand Junction
Fi el d Office
Title: C lass III Cultural Resource In ventory Report for the Proposed P ipeline
Route from the Orchard Unit Compressor to Ok-11 Well Location in Garfield
County, Co lorado for Encana Oil and Gas, In c. (USA) (GRI NO. 26 106)(BLM
GS FO# 1107-9)
Autho r : Conner, Carl and Barbara Davenport
Date: 11109/2006
Contractor: Grand Rive r In st itute
Pipe Yard at NE
T. 7S., R. 96W., Sec. 27, 28, 33, 34
Si te ID Site Type Assessment UTM Coordinates
SGF.109 OP EN CAMP Elig ible -Fi eld
5GF.364 HI STORIC, BRIDGE Eligible -Officially
SGF.389 HI STORIC, Not Eligible -Fi eld
STRUCTURE/FOUN DAT
ION/ ALIGNMENT
5GF.392 HISTORI C, TRAIL/ROAD Needs Data -Officially
5GF.1247 ISOLATED FIND Not Eligible -Field
5GF.1324 HISTORIC , TRASH Not Eligib le -Officially
DUMP
5GF.1350 ISOLATED FIND Not Eligible -Field
Project# Title/ Author/Date/Contractor
ME.C H.RI Title: Debeque Canyon to Grand Vall ey Hist
Auth or: Unknown
Date : 0I10 1/ 1979
Contractor: Co lorado Dept. Of Hi ghways Hist
MC.HW.R9 Title: Cultural Resources Report for Historic Resources, Debeque Canyon to Grand
Valley , Garfield and Me sa Counties, Co lorado (l 70-1 [ 19]&[36]).
Author: Unknown
Date: 01/01/1979
Contractor: Colorado Departm en t of Highways
MC.LM .R247 Title : Preliminary Report on Cultural Resource s Jnvcntory Fourteen Locations on
the Rifle to Grand Junction Segment Co lorado Ute Elec trical Association Rifle to
Sa n Juan 345 KV Transmission Linc Project
Author: Collins Susan M
Date: 06/0 l /1 985
Contractor: Nickens and Ass ocia tes
GF.LM.NR192 Title: Cultural Resources In ve ntory Re po rt on Proposed Fede ral fl 1-29 Well and
Related New Access in Garfi eld Coun ty, Co for Barrett Energy Company
Author: Conner, Carl E.
Date: 0912211986
Contractor: Grand River Institu te, Inc.
Project#
MC.LM.R68
GF.LM.Rl12
MC.CH.R96
MC.LM.R232
GF.LM.NR750
GF.LM .NR744
GF.LM .R366
.·
Title/Authorillate/Contractor
Title: Grant Norpac Cu ltur al Resource Inventory of a 39 Mile Seismic Line, Mesa
and Garfield Counties, Colorado
Author: Scott, John M
Date: 04/01/1991
Contractor: Metcalf Archaeological Consultants for BLM Glenwood Springs
Resource Area
Title: a Class III Cultural Resource Inventory of Thre e Stock Reservoirs in Smith
and Kelly Gulches, Garfield Co unty , Colorado (BLM-GSRA S3 109 8-7)
Author: Seacat, Todd B.
Date: 04/28/1998
Contractor: Bureau of Land Management, Glenwood Springs Resource Area
Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed
Adesta Communications Fiber Optic System (C SW00-102)
Author: Sherman, Stephen A. TaniaR. Metcalf, Mary W. Painter, D. Chadwick
Jones, Chistian J. Zier
Date: 03/01/2000
Contractor: Centennial Archaeology for the Colorado Department of Transportation
Title: Piceance Basin Pipeline Class ill Cultural Resources Inventory, Garfield and
Mesa Counties, Colorado (SWCA 02-183)
Author: Martin. Willi am and Andrew Sawye r
Date: 03/26/2002
Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction
Field Office
Title: Class Ill Cultural Resources Inventory for the Proposed Sg #43 -28 Well
Location in Garfield County, Colorado for Williams Production RMT (GRI #2524)
Author: Davenport, Barbara
Date : 05/13/2005
Contractor: Grand River Institute
Title: Class TU Cu ltural Resource Inventory for the Proposed Pipeline to the
Sg#43-28 Well Location in Garfie ld County, Colorado for Williams Production
RMT (GRI #2584)
Author: Conner, Carl E.
Date: 09/09/2005
Contractor: Grand River Institute
T itl e: Class III Cultura l Resource Inventory Report for th e ProiPosed Pipeline Route
from th e Orchard Unit Compressor to OK -11 Well Location in Garfield Co unty ,
Colorado for Encana Oil and Gas, Inc. (USA) (GRI NO. 26!06)(BLM GSFO#
1107-9)
Author: Co nn er, Carl and Barbara Davenport
Date: l l/09/2006
Contractor: Grand River Institut e
OAHP Use Only: OAHP Doc. No. ___________ OAHP Project No. -----=--,...--=--
Co lora do Office of Archaeology and Historic Preservation
LIMITED-RESULTS CULTURAL RESOURCE SURVEY FOIU\1
(pnge I orJ)
Small scale limited results projects include block surveys under 160 acres and linear surveys under four miles. To be included
under the se guidelines th ere shou ld be no sites and a maximum of four Isolated Finds. Sec manua l for instructions. This form
must be typed.
I. ID ENTIFICAT ION
l . Report Titl e (include County): Class III Inventory of a third pipe yard in relation to the Collbran Pipeline
Pro ject, as an ADDENDUM to: Class ID cul tural resources inventory fo r two proposed pipe yard locations
in Garfield County, Co lorado, Encana Oi l and Gas (USA), In c.
2. Date of Field Work: _.:....:A:.c.Pn:.:.·::....:13::....:o:i,-=2.;:;..oo.:....:8;.__ ___________________ _
3. Form completed by: Carl E. Conner Date: May 1, 2008
4. Survey Organizat ion/ Agency: _G_ran_d_Ri_._v_er_In_s_titu_te ________________ _
Princ ipal Inv esti gato r : _C=ar=l=E;.;.. . ...;;;C;..;;;o...;;;;nn=e=r ____________________ _
Prin ci pal Investigator's Si gnature : ------------------------
Oth er Crew: -------------------------------
Address: __ ..;;..P..;..;.O""" . ...;;;B;....;:o;.;..;x....::3;..;;.5....;.4--3,._G=r;...;;;a=nd.;;;;...;;..;Ju=n=c=tio=n=,....::C::..::0'-8"-1=5..;;.0=2 _____________ _
5. Le ad Agency I Land Owner: Bureau of Land Man age men t, Glenwood Springs F ield Office
Contact: Chery l Harrison, Archaeologist
Address: __ P_.O ............. B ..... o.-.x .......... l 0"-'0""'"9 ....... ""'G"""'le""'n'-w-"o...;;;.o.;;;;..d ""'S .. p=ri=ng=s;..z..., ...;;;C...;;;.o=lo=ra=d"'"'o'-8::....:1....::6;..;;.0..;;..1 ------------
6. Clie nt: Encana Oi l and Gas (USA), Inc .
7. Permit Type an d Numb er: _ _...B ....... L ...... M......_--_C..;;....;-5.....,.2""'"7 ...... 7--5 _________________ _
8. Report I Co ntract Number: _G=R=I .::...P.:...:ro'-'-je=c=t -=-N"""oc.:.... =2=83::..::3'-------------------
9. Comments: -------------------------------
II. PROJ ECT DE SCRIPTION
10. Typ e of Unde rtak ing: Construction of storage/staging areas fo r pi pel ine mate ria ls (-27 acres total).
11. Size of Undertaking (acres): __ 8._4 __ _ Size of Project (if different): 8.4 acres
12. Nature of the Anticipated Disturbance: _B_l_a_d_in..._g.._a_n_d_..gr.._a_d_in ..... g......__fo.._r ..... s .... to_r ..... ag..._e_/s_ta ..... g.._in ..... g...._._ya_r_d_s. ____ _
13. Comments:
III. PROJECT LOCATION
Limited-Results Cultural Resource Survey Form
(pagc2 of3)
14. Description: Proj ect area is located appro xim ate ly 8 miles north eas t of the town ofDebegue, CO
15. Legal Location
Principal Meridian: 6th _x_ NM __ Ute
Quad. Map: Para chute Date(s): ~19_6_2 ___ _
Township: 7 S Range: 96 W Sec.:_3_3_N_E_N_E ____ _
16 . Tot al number of acres surveyed: --'8~.4-'-'-'(p""'r..;;.,iv;...;a"'"t e"-=l a=n.;;;.d),__ _______________ _
17. Comments: -------------------------------
IV. ENVIRONMENT
18. General Topographic Setting: Colorado River valley between Parachute and Debegue
___ Current Land Use: Open range land and energy dev elopment.
19. Flora: Greasewood, grasses an d forbs.
__ 20 . Soi ls/Geo logy: Tan si lty so il I Gravels and alluvium deposits of the Quatern ary Age
22. Comments : Heavy greasewood vegetation covers much of the project area.
V. LITERATURE REVIEW
23. Location of File Search: BLM Glenwoo d Springs Fi eld Office & SHPO Compass Website
Dates: Apri l 4, 2008
24 . Previous Survey Activity
In the project area: ---'N'--'-o""-""p.::...:ro~ie=c:...::ts=-l=1 a"--v....:;e--'b:....;:e-=-en:::....c.p.::...:re:....;.v..::..:io:....:u=s"-'l y--'c:;...;:o;.::.;n;.;;;d.;:.uc.::...:t..;;.,ed;;;....;.;w..;;.i t=h=in~t=h=e...;;;b_,:_lo:....:c=k"-'a=r..;;,;ea;,;__ ___ _
___ In the general area: Numerous energy re lated projects have been conducted within a mi le of th e present
projec t area and are shown on the attached lists.
Lim ited-Res u l ts C ultu ral Resource S urvey For m
(page 3 of3)
V. L I TERATURE REVIEW (co ntinue d )
25. Known Cultu ra l Reso urces
In the genera l region: The previously recorded cultural resources near th e two pro ject areas are primarily
hi sto ri c features (i.e. water control features, bridges, roads e tc.) althoug h a few prehistoric sites have
also been reco rded (se e attached lists). Addit ionally, overv ie ws of the prehistory and history of the region
are provided in the Colorado Counci l of Profess ion al Archaeo logists publication entitled "Colorado
Prehistory: A Context for the Northern Co lorado River Basin" (R eed and Metca lf 1999), and the Co lorado
Historica l Society's pub licatio n enti tled "Colorado Plateau Country Historic Context"(Husband 1984 ).
26. Ex pected Re sult s: Limited cultural re so urces were expec ted due to previous di s turbance and heavy
vegetation cover.
VI. STATEMENT OF O BJECTI VES
27. The purpo se of the study was to identify and record all c ultura l rem ain s over 50 years old within the
area of potentia l impact, to assess their significance and eli gibility to the National Ree:ister of Histo ric
Places (NRH P), and make recomme nd atio ns concernin g manag emen t. If po ss ible, the remains will
add to our unders tanding of the prehistory and history of the reg ion.
VII . FIELD METHO D S
28. Definitions: Sites were defined as a discrete locus of patterned ac tivi ty grea ter than 50 years of age and
consis ting of five or more prehistoric artifacts with or without featu res or over 50 historic artifacts with associated
fea tures. Also. si ngle iso lated hea rth s with no other assoc iated artifa cts or features wer e to be recorded as a site.
IF Iso lat ed finds were defined as less th an five artifacts without associated fea tures. Exceptions to this definition
include hi storic trash dum ps without associated features; a sin gle co re red uct ion event with a sing le core and associated
reduction debitagc; a single pot drop, where the sherds are from a s in gle ves se l; or. a prospector pit with/or without
arti facts and no assoc iated historic structures or features.
29. Describe Su rvey Method: Th e propose d b lock area was wa lked by tw o arc haeo log ists in zig zag
tran sec ts spaced a pp rox im ately 15 meters apart wit hin the flagged lo cation to cover a total of
ap proxima tely 8.4 acres of private land. Crew members wor ked from USGS 7.5 minute series map s.
VIII . RESULTS
30. List Ifs if ap pl icable. Ind icate IF locations on the map completed for Part III .
A. Smith so nian Number: De scrip tion:
B. Smithso nian Number: ______ Descrip ti on:
31. Using your professiona l knowledge of the region, why are th ere none or very lim it ed c ul tur al
remains in the project area? Is there subsurface potential?
Most of the proj ect area lies within previous ly disturbed areas. There is no su bsurface potential.
E n Cana GRI# 2833 Compass Search
T. 7S., R. 96W., Sec. 27, 28, 33, 34
Site ID S ite Type Assessment UTM C oordinates
5GF.109 OPEN CAMP Eligible -Field 12:7 49 580mE 43 64 210mN
SGF.364 HISTORIC, BRIDGE Eligible -Officially 12:7 4 9 614mE 43 64 25 l mN
5GF.389 HISTORIC, Not Eligible -Fie ld 12:7 50 138mE 43 64 295mN
STRUCTURE/FOUNDAT
ION/ ALIGNMENT
5GF.392 HISTORIC, TRAIL/ROAD Needs Data -Officially 13 :2 51 439mE 43 6 1 176mN
13 :2 51 040mE 43 6 1 465mN
TO ....
12 :7 5 1 464mE 43 64 517mN
12:7 50 503mE 43 64 977mN
SG F.1 247 ISOLATED FIND Not E li gible -Field 12:7 50 750mE 43 63 670mN
5GF.1324 HI STORIC, TRASH Not Eligible -Officially 12 :7 50 800rnE 43 64 070mN
DUMP
5GF.1350 ISOLATED FIND Not Eligible -Fie ld 12:7 50 840mE 4 3 63 690mN
Project # Titl e/ Au tho r/D ate/Contractor
ME.CH .RI Title: D ebeque Canyon to Grand VaJley Hist
Author: Unknown
Date: 0 1/01/1979
Contractor: Colorado Dept. Of Highways Hist
MC.HW.R9 T itle: Cultural Resources Report for Historic Resources, Dcbcque Canyon to Grand
Vall ey, Garfi e ld and Mesa Coun ties, Colorado (I 70-1 [ 19]&[36]).
Author: Unknown
Date: 01/01/1979
Contrac tor : Colorado Department of Highways
MC.LM.R247 Title: Preliminary R eport on Cultural Resources Inventory Fo urteen Locations on
the Rifle to Gr and Junction Segment Colorado Ute Electrical Association Rifle to
San Juan 345 KV Transmission Li nc Project
Author: Collins Susan M
Date: 06/01/1985
Con tr actor: N ickens and Associates
GF.LM.NR192 Title: Cu ltura l Resources Inventory Report on Proposed Federal # 1-29 Well and
Re lated New Access in Garfield County, Co for Barrett Energy Company
Author: Conner, Carl E.
Date : 09/22/ 1986
Contrac tor: Grand Ri ver In stitute, Inc.
Project#
MC.LM.R68
GF.LM.Rl 12
MC.CH .R96
MC.LM .R232
GF.LM.NR750
GF.LM.NR744
GF.LM.R366
Title/ Author/Date/Contractor
Title: Grant No rpac Cultural Resource Inventory of a 39 Mil e Se ismic Linc, Mesa
and Garfield Counties, Colorado
Autho r: Scott, John M
Date: 04/0111991
Contractor: Metcalf Archaeological Consultants for BLM Glenwoo d Springs
Resource Area
Title: a Class III Cultural Resource Invent ory of Three Stock Reservoirs in Smith
and Kelly Gulches, Garfi el d County , Colorado (BLM -GSRA S3 1098-7)
Author: Seacat, Todd B.
Date: 04/28/1998
Contractor: Bureau of Land Management, Glenwood Springs Resource Area
Titl e: Interstates 25, 70 , 225 , and 270, U.S . Highways 13 and 470 for the Proposed
Adesta Communications Fib er Optic Sys tem (C SW00-102)
Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick
Jones, Chistian J. Zier
Date: 03/01 /2000
Contractor: Centennial Archaeology for th e Co lora do Department of Transportation
Title: Piceance Basi n Pipeline Class Ill Cultura l Resou rces Inventory, Garfield and
Mesa Coun ties, Colorado (SWCA 02 -183)
Author: Martin. Will iam and Andrew Sawye r
Date: 03/26/2002
Contractor: SWCA, In c. En vironme nt al Co nsu lt ant s fo r the BLM, Grand Juncti on
Field Office
Title: Class III Cultural Reso urc es Inventory for the Proposed Sg #43-28 Well
Location in Garfield County, Co lorado for Willi ams Production RMT (GRI #2524)
Author: Davenport, Barbara
Date: 05/13/2005
Contractor: Grand R iver Institute
Title: Class III Cultural Resource Inventory for the Proposed Pipeline to th e
Sg#43 -28 Well Locat ion in Garfie ld Co unty , Co lorado for William s Production
RMT (GRI #2584)
Author: Conner, Carl E.
Date: 09/09/2005
Contractor: Grand River In stitute
Ti tl e: Class III Cu ltura l Resource Inventory Report for the Proposed Pi peline Route
from the Orchard Unit Compressor to OK-1 1 We ll Locat ion in Garfield Coun ty,
Colorado fo r Encana Oil and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO#
1107-9)
Au th or: Conne r, Carl and Barbara Davenport
Date: 11/09/2006
Con trac tor: Gran d River Institu te
746000 747000 748000 749000
2 .. (~ ~
~
;~ ,...
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•7 '--....
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?_:..)
~\ .
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\ ,
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g-t-~-'-'?---.f-1~-.~,~~~-r-~~--t~~~-...~+.,~
N
ID
I')
"'
746000 747000 748000 749000
Figure l. Project location map for the Cla ss Ill inventory of a third pipe yard in re lation to the Collbran
Pipe line Project, as an ADDENDUM to: Class flJ Cultural resources Inventory Report for two proposed
pip e yard locati ons in Garfield County, Col orado for EnCa na Oil and Gas (U SA). Area surv eyed is
high lighted. [GRI Project No. 2833 , May 1, 2008}
~
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Habitat Assessment for the
Collbran Pipeyard Parcels
EnCana Oil and Gas
Garfield County, CO
May 2, 2008
PREPARED FOR:
EnCana Oil & Gas (U.S.A.), Inc.
2717 County Road 215
Parachute, CO 81635
PREPARED BY:
Wildlife Specialties, L.L.C.
P.O. Box 1231
Lyons, CO, 80540
2
1.0 Description and Proposed Action
The Collbran Pipe yards were located in two distinct parcels. The smaller of the two parcels was
approximately 7 acres (3.2 [hectares] ha) and located approximately 100 yards southwest of the
intersection of Highway 6 and Garfield County Road 300. This intersection is located
approximately 4.6 miles southwest of the Town of Parachute, Garfield County and 7.2 miles
(11.52 kilometers [km]) northeast of the Town of DeBeque, Mesa County. The larger parcel was
approximately 20 acres (9.1 ha) and located approximately 1.2 miles (1.9 km) west of the
compression station (Figure 1). Both project areas are on the Parachute CO, US Geological
Survey, 7.5 minute series topographical map. The elevation of the two parcels is approximately
5,000 feet (ft) (1,524 meters [m]) above mean sea level.
The project area is located in the eco-region identified as the Southern Rocky Mountain Steppe–
open woodland-coniferous forest–alpine meadow province of the dry domain (Bailey 1995).
This eco-region is characterized by annual temperatures ranging from 2 to 7 C (35 to 45 F).
A considerable amount of precipitation is in the form of snow and can equal up to 102 cm (40
inches) per year in higher elevations (Bailey 1995). Vegetation changes with altitude and slope
aspect.
The dominant plant community near the 7 acre parcel was dominanted by greasewood
(Sacrobatus vermiculatus) with an understory of cheatgrass (Bromus tectorum) and common
velvetgrass (Holcus lanatus). Sagebrush (Artemesia tridentata), rabbitbrush (Chrysothamnus sp.)
and shadscale (Atriplex sp.). The most common herbaceous species on the site was common
velvetgrass (Photo 1).
The dominant plant community of the 20 acre parcel was sagebrush and grease wood with an
understory of cheat grass. The eastern portion of this parcel burned in the past, removing all
vegetation (Photo 2). Several ephemeral drainages dissected the parcel, flowing in a southerly
direction, two of which were associated with box culverts constructed presumably to enable
water to flow under Highway 6 (Figure 1; photos 3, 4).
Prior to the issuance of appropriate permits by the Bureau of Land Management, a threatened
and endangered species habitat assessment, per the Endangered Species Act (ESA) of 1973 (as
amended) is required. Surveys are also required under the Migratory Bird Treaty Act (MBTA)
of 1918 (16 U.S.C. §§ 703-711) to protect against violations of the MBTA. Surveys conducted
in support of this report ensure compliance with the ESA and MBTA.
2.0 Habitat Assessment
Surveys to assess the project area’s suitability for use by state sensitive and federally listed
threatened and endangered species and nesting raptors were conducted on 27 March, 2008 by
Robert T. Magill of Wildlife Specialties, L.L.C. Mr. Magill has an M.S. degree in wildlife
management from Texas Tech University in Lubbock Texas and has completed numerous
threatened and endangered species habitat assessments and sensitive species surveys in Garfield
County Colorado and throughout the intermountain west.
Habitats within the 20 acre and 7 acre pipe yard parcels were assessed for overall quality to
support wildlife and state sensitive species, federally protected species and nesting raptors on 27
March and 29 April, 2008 respectively. Using a pedestrian survey, a wildlife biologist assessed
the habitat types present, their condition and evaluated their suitability for supporting sensitive
species. The project area was traversed to identify basic habitat types and document which
3
species were currently using these habitats. A hand-held Global Positioning System (GPS) unit
was used to identify the location of physical characteristics of the site pertinent to use of the area
as wildlife habitat. Figure 1 shows the location of the both the 7 acre and 20 acre parcels within
the greater landscape.
Habitat assessments and sensitive species surveys were conducted before the breeding season for
most migratory songbirds and raptors on the 20 acre parcel. Therefore, some species which may
breed in the area may not have been present at the time the survey was conducted. Surveys and
habitat assessments for the 7 acre parcel were conducted during the breeding season for raptors
and early migratory songbirds. As a result of the timing of these surveys, late migrants or late
nesting species might not be documented. Similarly, surveys for both parcels were conducted
prior to the emergence of most reptiles, and despite warm temperatures during the visits, no
reptiles were observed.
3.0 Results
7 Acre Parcel – No nest structures suitable for supporting nesting raptor nests were observed
within this site. Although no nesting activity was observed within the project area, cottonwood
trees (Populus fremontii) trees were present beyond the limits of the project area and were
considered suitable for use by nesting raptors and common ravens (Corvus corax) and raptors.
Although common ravens were observed within the vicinity of the parcel, nest structures suitable
for their use were detected either on the project area or in adjacent cottonwood trees.
This parcel bordered previously disturbed areas to the east. These areas had been cleared of most
standing vegetation and were being used for industrial purposes at the time the habitat
assessment was conducted (Photo 5). Habitats within the parcel itself were intact yet were
heavily used by browsing and grazing ungulates, including but not limited to elk (Cervus
elaphus) and livestock. Species observed within this parcel included elk, western meadowlark
(Sturnella neglecta), blackbilled magpie (Pica hudsonia), Brewers sparrow (Spizella breweri),
violet-green swallow (Tachycineta thalassina) and American kestrel (Falco sparverius).
Vegetation of the parcels was visually determined to be denser, and of higher quality for wildlife
within the eastern portion of the parcel. Kestrels, magpies, and brewer’s sparrows were all
observed in the more densely vegetated eastern portion of the parcel.
Due to the parcels proximity to areas with high levels of disturbance and the presence of cattle
on the site, wildlife species expected to use or be observed within the site would be generalist
species adapted to living in an altered environment, such as the European starling (Sturnus
vulgaris) and raccoons (Procyon lotor).
Invasive and noxious weeds were present throughout the parcel. Salt cedar (Tamarix
ramosissima) is on the Colorado Department of Agriculture’s (CDOA) “B-List” of noxious
weeds: the species has been identified as a target species for the development and
implementation of a weed management plan to stop its continued spread (CDOA 2008) (Photo
6). Although present throughout rangelands of Colorado, and identified as an invasive species,
cheat grass has not been officially identified as a noxious weed in Colorado. No other noxious
weeds were observed within the parcel.
20 Acre Parcel
No nest structures suitable for supporting nesting raptor nests were observed within this site.
Although no nesting activity was observed within the project area, power towers and poles and
4
juniper (Juniperus osteosperma), pinyon pine (Pinus edulis) and cottonwood trees (Populus
deltoides) trees were present beyond the limits of the project area and were considered suitable
for use by nesting raptors and common ravens (Corvus corax) and raptors. Common ravens were
observed carrying nesting material (e.g. sticks, grasses) as they flew over the site.
The two box culverts adjacent to the project site were visually inspected for evidence of use by
either bats or swallows. The eastern most culvert contained evidence of previous use by nesting
cliff swallows (Petrochelidon pyrrhonota), however, no sign of bat use was observed (Photo 7).
Rocky Mountain elk used all portions of this parcel as winter range. An active colony of white-
tailed prairie dogs (Cynomys leucurus) was present along the southern edge of the parcel. Other
species identified as using the area through either direct observation (auditory or visual) or
through the presence of sign (scat, tracks) included coyote (Canis latrans), desert cottontail
rabbit (Sylvilagus audubonii), western meadowlark and Say’s phoebe (Sayornis saya). Avian
nomenclature was taken from Sibley (2000). Mammalian nomenclature was taken from
Fitzgerald et al. (1994).
Cheat grass was present throughout the parcel and is common across the rangelands of Colorado.
Although the species is considered an invasive species, cheat grass has not been officially
identified as a noxious weed in Colorado. No formally identified noxious weeds were observed
within this parcel.
4.0 Conclusion
Based on information obtained during surveys conducted at both the 7 acre and 20 acre parcels to
be used for the development of a pipe yard, no state sensitive or federally protected species were
determined to be using the area. Although the sagebrush habitats common within the 20 acre
parcel are relatively contiguous with other habitats in the area, disturbances associated with
previous energy development and associated infrastructure and the presence of the railroad likely
preclude the use of these habitats by disturbance sensitive species.
Both parcels are likely located within the foraging range of at least one pair of common ravens as
indicated by the presence of an the observation of an individual carrying nesting material over
the 20 acre parcel and the observation of an individual common raven carrying food over the 7
acre parcel. Although no detailed surveys were carried out, tree dominated riparian and upland
habitats provide suitable nesting areas for common ravens. Construction of the proposed pipe
yard will not impact nesting activities of any state sensitive or federally protected species or
raptor species. However, the removal of sagebrush-shrub dominated habitats may decrease
nesting and foraging opportunities for species such as the western meadowlark and Brewer’s
sparrow.
No habitat critical or essential to the continued existence of any species protected under the ESA
was identified within either the pipe yard or the compression station site. The implementation of
the construction of facilities and their associated infrastructure is not expected to impact state
sensitive or threatened and endangered species or raptors on either site.
The noxious weed salt cedar was observed within the boundaries of the 7 acre parcel. Because
the CDOA has identified salt cedar as a noxious species it is recommended that development of
this parcel be implemented in coordination with CDOA management plans targeting the control
of this species as well as in conjunction with any Best Management Practices outlined in the plan
for controlling the distribution of the species.
5
5.0 Literature Cited
Bailey, R.G. 1995. Description of the ecoregions of the United States. 2d ed. Rev. and expanded (1st ed.
1980). Misc. Publ. No. 1391 (rev.), Washington.
Colorado Department of Agriculture. 2008. Noxious Weed Management Program.
http://www.colorado.gov. Accessed 1 May, 2008.
Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Colorado. Denver Museum of
Natural History and University Press of Colorado. 467 pp.
Sibley, D.A. 2000. The National Audubon Society; the Sibley guide to birds. Alfred A. Knopf, New
York. 543 pp.
6.0 Project Figures and Photos
Photo 1. View west from northeast corner of the 7 acre parcel. Grasses along the
edge of the road and throughout the parcel are cheat grass and common
velvetgrass.
6
Photo 2. View southwest across the burned portion of the 20 acre parcel.
Photo 3. View north toward downstream side of eastern most box culvert on the 20
acre parcel.
7
Photo 4. View north through second box culvert on the 20 acre parcel.
8
Photo 5. View east from southeast corner of 7 acre parcel. Industrial development,
including gravel mining, is evident in the background.
Photo 6. View east from southwest corner of 7 acre parcel. The state identified
noxious weed salt cedar is highlighted by the yellow circle.
9
Photo 7. Evidence of previous swallow use of the eastern most box culvert for
nesting. The yellow circle highlights locations of old nests placed against the
culvert wall and ceiling.
r
Jan ua ry 12. 2009
Speci alt y Resta uran ts Coq>0r:i t io n
8191 Eus t Kniscr Blvd
Annhc im. CA 92SOS
(Lessor}
aml
Entcqirisc Gas Proc<."Ss in g. LL C
2727 No rth Loop \Ves t
Ho usto n. T X 770 03 rf-Dclaw nrc limit ed Linbi lit y Co mpan y
(Lcssce}
Specialty Rcstaur.1111s Corpora tion b) accepting pa) mcnt in the amount of
has ackno wl edged that Enterprise Gas P rocc~sing. I.LC has accep ted assignment of the
two (2) leases d:u cd April 30, 2008 for a 7 ncrcs vacant !:i nd parcel and a 21 acre vacant
lan d pn rccl thot we re leased to EnCana O il an d Gas (USA) Inc. Ent erprise <ias a nd
Process in g shall nb idc by all tcnns of s uch lease:..
Lea se dated April 30 , 2008 (7 acres ) s hnll be ex tend ed nnd ha ve an ex pi ra ti on dat e ot'
Oc toh1::r 3 1, 2009.
Lc asc dated Apri l 30. 2008 (2 1 acres} sha ll hnvc a ncw exp iratio n datc of M;iy 1, 201 0.
~~., '"' R"""'"""' Cm]><><•~ I w\ ~\ l: ~ e l-;T ~ (.i1t\-1S Ca r._p
l 1"2-OC)
('
c
c
PI PELINE EASE MENT AGREEM ENT
STA TE OF CO LORADO §
§
COUNT Y OF GARFIELD §
This PI PEL I NE EASE MENT AG R EEMENT ("Agreement "), is made effec ti ve ns of 1hi s I " dny o f
April, 2009 ("EITcctive Dat e"), between CH EV RO N U.S.A. I NC., a Pennsylvania corporation, wi th
offices ot 11 11 1 S. Wilcres t Dr., Ho uston, Texas 77099 ("Gmnt or'') and E NTE RPRJ S E GAS
PRO CESS IN G, LLC .. a Del aware limited liability company, with offices nt 2727 Nort h Loop West ,
Hous ton, TX 77008 ("G@ ntec"). (G mnt or nnd Gran tee sha ll cnch and collectively be referred to as
"C.ll.!DC and "/'nrtics " in thi s Agreement.}
RECITA LS
A. Gmntor owns certain !nod in Garli cld Co unty, Colo rad o referenced in Sce tion I. I.
B. Gmntce des ires to obtai n nn casement, servitude, privilege an d Right-of-Wny covering th e Land.
C. In co nsiderat ion of the mutual promi ses se t out in th is Agree ment , nnd oth er good and va luable
consi derati on, the receipt nnd suffic ien cy of wh ic h is ackn ow ledged, Gm n1 or and Grantee agree
to be bound by the tenns of thi s Agreement.
I.
AG RE EMEN T
GRANT AN D RESERVAT IONS
I.I Gra nt . Subjec t to the terms and condi t ions of this Agreement, Grantor gra nts Grantee, a
non--0x clusi vc C.1Semen t, servitude , privilege nnd right ·of-wny ("RiQh 1-of-Wnv"), ove r,
ugon, under, throu gh nnd across certain parce ls si t u.1 tcd in Scetion 30, T7S-R97W, o f the
6 P.M., Gar fi e ld County, Co lorado, that nrc more pnrticul nrly described nnd
incorporated by refe rence in Exhi bit A ("Land") so lely for the purpose of laying,
constructing , usi ng, operating, inspceling , mnintnini ng, repairing, nllcring , replaci ng, a nd/or
removin g one 16-inch gns pipeline and related appuncnanccs. stmclu rcs nnd fa ci lities
(includ ing, without li mi ta tion, co mp ressio n uni ts, dehydration facilities , fi ttings, ti e.overs,
line heaters, applbnccs , meters, valve boxes, cn lhodic protection equ ipment and ve nts)
("Pipeline"') ns may be necessary for the 1mnspo11nti on of na tural gas and assoc iated liquids
nnd gases ncross the Lnnd .
(A) Rl ght-of· Way Bo und aries. 111c Righ t·of-Way is twe nt y fi ve feet in wi dth, th e
centerline of the Right -of-Way being situ ated directly over the proposed Pipel ine,
as de picted on Exh ibit A -Descrip ti on and Pin t of Land and Right -of-Wny.
Grantee sha ll pro vid e Grantor nn as built survey prepared by a l icensed surveyo r
of the Pipeline as cons tnict cd wi th in two mont hs of comp leting co ns tructi on of
the Pipeline . If Grantee foil s 10 provide 1hc as built survey required under thi s
Sec 1io11 1.1, it s hall be consi dered n breach of this Agrcemcn1 for purposes of
Section 13. The as built survey shall be incorporntcd into Exhibit A and serve as
the descrip tio n of 1he boundaries of the Righ t·of-Wny for nll purp oses under th is
Agreement. Grn ntc-e shall ma intain cu rrent as-built drawings for the Pi pe line and
QLSNo. 8'32tAS
Pipe line Eascm<m Agn:cm<nt. dotcJ Arril I, 2009. between Ch<:won and Entcrpri!C
E.~1."'CUlion Vc:ulon
EXECUT ION COPY
ASSIG1'MENT, C O NVEYANCE AN D BILL OF SALE
This Ass ignment. Conveyance and Bi ll of Sale ( .. Assignme11f') is mad e and entered in to
this Zt!° day of July, 2008 (the ''Effective D at e'') by and between EnCana Oil & Gas (USA)
lnc., a Del aware corporation ("Assig n or''), and Enterprise Gas Pr ocessing, LLC, a Delaware
limited li abi li ty company (""Ass ig n ee").
WHE REAS, Assignor has acquired certain easements , has a ppl ied for va r ious permits
and righ ts-o f-w ay, and has o rd ered pipe in ant ic ipation of the con s truct ion o f a natura l gas
gath erin g s ys tem which wi ll con s ist o f, amon g ot her assets, the fo li o-wi ng : (i) an approximate ly
22-mi le, 24 -in ch diameter, hi gh-pressure p ipeline to be bui lt from th e And erson G ulch area,
whi ch is located in Section 3 1, Townshi p 9 South, Range 95 West, Mesa Cou nty, Colorado, to
an interconnec t with Assignor's Great Di vide Gathering System located in Sectio n 34 , Township
7 South, Range 96 West, Garfie ld County, Colorado (the "Collbra11 Va lley Gath ering System '");
and, (ii) approx imate ly 63,000 fee t of 24-inch diameter. high-pressu re pipeline to be bui lt in
Mesa County, Colorado and which will be connected to the Collbran Valley Gathering System
(collec tively, the "Ga th ering Systems "); and
WHEREAS, Assign or wis hes to assign to Assignee, and Assignee -wishes to assum e,
Assignor's righ t, ti tle and interest in the Assets (as defined in thi s Assignment) in orde r to
construct the Gathe r ing Syste ms.
NOW THEREFORE, fo r good and val uable cons ide ration, the receip t and suffi c iency of
whic h are hereby acknow ledged, Ass ignor and Ass ignee agree as fo ll ows:
1. Ass ignment. Assignor does hereby GRANT. SELL, ASSIGN, C0l\1VE Y and
TR.t\NSFER to Ass ignee all of Assignor's ri ght. title and interes t in and to the follov.ing
(collectively, the "A ssets ''):
{a) A ll right s-of-way, other real property rights. li censes and permit s relating
to th e Gatheri n g Syste m s, which rights -of-way. other real property ri g hts, licenses and
p enn its are descri bed in Ex hi bit A attached hereto;
(b) All contracts and agreements, purchase o rders and lease s sol ely rela ting to
the G ath eri ng Syste ms, whi ch contracts, agreements. purc hase o rders and leases a re
described in Exh ibit B attached h ereto:
(c) All pipe, compressors, equ ipment, valves and other materials excl usively
relatin g to the Gathering Systems, includ ing assets currently installed a t the Mamm Creek
Conditioni ng Faci lity and other locat ions, which pipe. compressors, equi pment, valves.
other materia ls and assets are described in Exhibit C attach ed he reto;
(d) A ll planning and construct ion records relating to th e Gathering Systems;
Q:\EnCana_A2826\Great Div ide\CoH bran Valley Asst\Collbran Valley Assignment Conve_Final_072 108.DOC
(e) AJI warranties and guarantees of the manufacturers or supp liers of the
fo regoing de scribed Assets and the warranties and guarantees of subcontractors.
consultants, and serv ice prov id ers relating to or made in connection with the fo regoing
described Assets (the '·Assigned Warralllies ''); and
(f) AJI other right, title and interest of Assignor exclusively re lati ng to the
Gathering Systems.
TO HAV E AND TO HO LD the Assets unto Assignee fo rever.
2. Spec ial Warranty. Assignor hereby binds itself and its successors and assigns to
warrant and forever defend the tit le to th e Assets unto Assignee, its successors and ass igns,
against every person whomsoeve r lawfully claiming or to claim the same or any part thereof by,
throu gh or under Assignor, but not otherwise. Assignee shaJI be and is hereby subrogated to all
cove nants and warranties of titl e by parties (other than Ass ignor) heretofore given or made to
Assignor or its predecessors in title in respect of any of the Assets.
3. Assumption and Indemnification. Assignee accepts this Assignment and the
Assets conveyed he reby and assumes and agrees to perform all of Ass ignor"s obligations
accruing thereunder from and after the Effective Date. In add ition, if any sales, use or ot her
transfer tax is due or owing or assessed against either Assignor or Assignee by reason of this
Ass ignment. then such transfer tax shall paid by Ass ignee. Assignee agrees to indemnify and
hold Assignor harrnJess from and against any and all claims, demands and causes of act ion of
any ki nd and all losses, damages, liabilities, cos ts and expenses of whatever na ture (includi ng
court costs and reasonable attorneys ' fees) arising ou t of or relatin g to th e Assets from and after
the Effective Date; provided , however, the foregoing indemnity shaJl be s ubj ect to , and shaJI in
no way modify or affect, the indemnification obligations be tween Assignor and Assignee
co ntain ed in the Gathering Agreement (hereinafter defined). Assignor agrees to indemnify and
hold Assignee harml ess from and against any and all claims, demand s and causes of ac ti on of
an y kind and aJI lo sses, dam ages, li abili ti es, costs and expenses of whatever nature (includ ing
court costs and reasonable atto rn eys' fees) arisi ng out of or relating to the Assets prior to the
Effective Date.
4. Di sclaimer. EXCEPT FOR THE SPEC IAL W ARRAl"\JTY OF TITLE
CONTAfNED HEREIN AND THE REPRESENTATIONS AN D WARRANTIES
CONTAfNED TN THE GATHERING AGREEMENT. ASSIGNOR HEREBY (a) EXPRESSLY
DISCLAJMS AND NEGATES ANY RE PRESENTA TION OR WARRANTY , WHETHER
EXPRESSE D OR I\1PLTE D AT COMMON LAW, BY STATUTE, OR OTHERWISE,
RELATING TO (i) THE CONDITION (TNCLUDlNG ENVIRONlvIE~T AL CONDITIO;..T) OF
THE ASSETS (INCLUDING ANY fMPLlED OR EXPRESSED WARRANTY OF
MERC HA NT ABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF
CONFORMITY TO MODELS OR SAMPLES OF MA TERlALS), (ii) ASSIGNEE'S ABILITY
TO ASSUME OPERATIONS OF THE ASSETS, (ii i) THE COMPLETENESS OF T HE
ASSETS IN ORDER TO CONSTRUCT. OWN AND OPERA TE THE GATHERING
S YSTE MS , AND (iv) ANY FILES , RECORDS , INFORMATION OR DATA FURN lSHED TO
ASSIGNEE BY OR ON BEHALF OF ASSIGNOR, AND (b) NEGATES ANY RIGHTS OF
ASSIGNEE UNDER STATUTES TO CLAIM DIMINUTION OF CONS ID ERAT IO N AN D
2
ANY CLAIMS BY ASSIGNEE FOR DAMAGES BECAUSE OF DEFECTS, WHETHER
KNOWN OR UNKNOWN, IT BEfN G THE INTENTION OF ASSIGNOR AND ASSIGNEE
THAT THE ASSETS SHALL BE CONVEYED "AS IS, WHERE IS" IN THEIR PRESENT
CONDITION Al\TD STATE OF REPAIR.
5. Remaining Assets. Without limiting the prov is ions of Section 4 of thi s
Assignment, Assignee acknowledges and understands that Assignor has not acquired all of assets
n ecessary to construc t, own and operate the Gathering Systems, including, w ithout limitati on, th e
following (collectively, the "R emai11i11 g Assets"): (i) right-of-way grant from the United States
Departm ent of Interior, Bureau of Land Management (''BLM RO W''), (i i) pi peline development
permit from Garfield County, Colorado (the "'Ga rfie ld Co unty Permif'), (iii) a surface lease for
compression facilities at a site in or near Section 3 1, T ownship 91 South, Range 95 West. Yiesa
County. Colorado (the '·Hayes Mesa Co mp ressor S t ation S ite Lease"), and (iv) certain
easements in fee ; provided, however, Assignor has (x) appl ied for, but has not rec e ived, the
BLM ROW and the Garfield County Pe rmit as of the Effective Date and (y) entered into
negotiations for the Hayes Mesa Compressor Station S it e Lease. Assignor and Assignee
acknowledge and unde rs tand that it shall be the so le and exclus ive obligation of Gatherer to
acquire the Remaining Assets; provided. however, (a) Assignor shall provide personne l and other
resources as may be reasonably requested by Assignee and as may be reasonably available to
ass ist Assignee \vit h the transition of own ership of the Assets and the completion of construction
of the Gathering Systems and (b) if Assignor obtains the BLM ROW, the Garfield County Permit
and/or the Hayes Mesa Compressor Station Site Lease. th en Assignor sha ll assign the same to
Assignee pursuant to an Assignment, Conveya nce and Bi ll of Sale substantia ll y the same as thi s
Assignment. Assignor and Assignee agree (i) that prior to commencing construction of the
Gathering Systems on rea l property owned by the Colo han Family Trust, Assignee s hall first
notify Assignor, (ii) to c oordinate to aJlow a representative of Assignor and th e Colohan Family
Trust to be p resent durin g a ll constructio n activities on property owned by the Colohan Fam il y
Trust, (i ii) to cooperate in good faith to address any concerns of the Colohan Family Trust to the
extent reason ab ly possi bl e. and (iv) that Assignee sha ll allow a representat ive o f Assignor to be
involved in the direction and control of construction acti vities on the Colohan Family Trust
property to the extent reasonably possible and consistent \\Tith Assignee's necessity to control the
methods, means and timing related to the constru ction of the Gathering Systems.
6. S uccessors and Assigns. This Assignment s hall be bindi ng upon A ssignee, its
successors and assigns and s hal l run \\Tith the real property interest s included in the Assets. All
references herein to Assignor and Assignee s h all include their respective successors and assigns.
As used herei n, '·incl udi ng'' and its variants mean '·incl udi ng but not li m it ed to" o r "including
\vithout limitation" and a ppropriate variations thereof.
7. Confl ict. This Assignment is subj ect to the terms and conditions of that ce rt ain
First Amended and R esta ted Gas Gathering Agreement by a nd between Assignor, as "Shipper."
and Assignee, as '·Gathe rer:· entered int o as of July .11_. 2008, but effective as of D ecember 28,
2006 (t he "Ga th eri11 g Agreem e n f'). In the event of a conflict between th is Assignme nt and the
Gathering Agreement, th e terms and conditions of the Gathering Agreement s hall control.
8. Governing Law. This Assignment shall be governed by, con strued and enforced
in accordance \vith th e laws of the State of Colorado, wi th o ut g iving effect to principles thereof
3
relat in g to conflicts of law rules that would direct the app li cation of the laws of another
jurisdict ion.
9. Further Assurances. Assignor agrees to execute and deliver to Assignee all such
o th er add iti onal in s truments, notices. transfer orders and o the r documents and to do all such
other and further acts and things as may be necessary to more fully and effectively grant. sell,
assign. convey and transfer to Assignee a ll of Assignor 's right, title and interest in and to the
Assets and to enforce the Assigned Warranties.
l 0. Counterparts. This Assignment may be executed in any number of counterparts
and each of such counterparts sha ll together constitute but one and the same Assignment.
[signature page follows]
4
IN WITNESS WHEREOF, Assignor and Assignee have executed this Ass ignment
effective as of the Effective D ate.
ASSIGNOR:
ENCANA OIL & GAS (USA) INC.,
a D e la ware co oration
s '(V By:_...J,_~::_::;~=========--------
1...~.r Narne:.-..,._........,..__.i;..:.-_.....oc..:..>........_.L..:..L. _____ _
f..\l Title: V \ c.R..
ST A TE OF COLORADO )
) SS.
CITY Al'\ID COUNTY OF D ENVER)
ASSIGNEE:
El\IERPRISE GAS PROCESSING, LLC,
a D elaware limited liability company
By:_.,_~-"---~~--::...C-----
Name :~r\-T~~~~.---:~------
Title:~L~:L-~..tz.IW'l..Ui--------__.,
The foregoing inst rument was acknowledged before m e this ;)1Q day of July , 2008 by
~,., v . p",..<:p~lt 1 as V •c...e. -Pr-~')~ d~ of EnCana Oil & Gas (USA) Inc., a
Delaware corporation, on behalf of said corpo ration.
Witness my hand and official seal.
My comm iss io n ex pires: ___________ _
JUDITH B. SISNEROS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 0311712012
Q:\EnCana_A2826\Great Divide\Collbran Valley Asst\Collbran Valley Assignment Conve_Final_072108.DOC
STATE OF G lorcu:Lo
COUNTY OF D ?M.-.; cC
)
) SS.
)
The foregoi ng instrument was acknow~edged before me this d-l~day of July. 2008 by
G: \ I\ c.. •. d-rK ~ as Sc. v ·,c_e_ -Pr~s 1c.evt of E nterprise Gas Processing, LLC , a
Dela ware limited liability company, on behalf of sai d limited liability company.
Witne ss my band and official seal.
My commission expires: ___________ _
My Commission Expires 0311712012
6
Ex hibit A
RIGHTS-OF-WAY, R EAL PROPERTY RIGHTS & PERMITS
NOTE: ONLY A PORTION OF THE FOLLOWING RIGHTS-OF-WAY ARE ASSIGNED, AS FURTHER DESCRIBED BELOW:
L EGAL D ESC RIPTION C ONSENT COMM ENT S
DESCRIPTION OF RIGHT-TO ASS I GN
LESSOR / OF ENTIRE OF-WAY R EQU IRE D ?
LEASE RIGHT-OF-BErNG
NAME DOCU M ENT EFF. DATE C OUNTY BOOK PAG E ENTRY WAY ASS I GNED
I Ben E. Ri ght -of-Way 1/19/08 Me sa 4640 363 2433040 Sec. 3 1 SW, 7.5' on either No
Nichols Easement T9S, R9 5W, 6m side of the
Living Tru st Agreement PM centerline as
described in
cons tru ction
plans and shown
on Exllibit A to
Right-of-Way
Easeme nt
AStreeme nt
2 Raymond G. Right-of-Way 1/17/08 Mesa 4367 103 2367107 Sec. 3 I lot 2, 7.5' on either No
Bailey and Easemen t T9S , R95W, 6 111 s ide of th e
Amanda J . Agreement PM centerline as
Oailey described in
construction
plan s and shown
on Exhibi t A to
Ri gh t-of-Way
Easemen t
Al!f'eement
3 Ben E. Ri ght -of-Way 1/19/08 Me sa BK PG 369 2433041 Sec. 36 E2. Sec . 7.5' on either No
Nichol s Easement 4640 35 N2, Sec. 26 s ide of the
Living Trust Agreement SWSW, T9S , ce nt erlin e as
and Lois M. R96W , 61 H PM described in
Nichols construction
Living Trust plans and show n
on Exhibit A to
Q:\EnCana_A2826\Great Divide\Collbran Valley Ass t\Co llbran Valle y Assignment Conve_Final 072108.DOC
Right-of-Way
Easeme nt
Agreement
4 I layward Ri ght-of-W ay 1/17/08 Me sa 4640 342 2433037 Sec 36 E2. Sec . 7.5' on either No
Ranch LL C Easement 35 N2, Sec. 26 side of the
Agreement SWSW, T9S. cent erline as
R96W , 6nt PM described in
constru ction
plans and shown
on Exhibit A to
Ri ght -of-Way
Ease men t
Aweement
5 Ri chard V. Ri gh t-of-Way 216108 Mesa 4640 397 2433045 Sec. 36 lots 4 and 7.5' on e ith er No
Stewart Easement 5 NW4 , N2SW, si de of the
Agreement T9S, R96W. 6TI 1 centerline as
PM described in
construction
plans and shown
on Ex hibit A to
Ri ght-of-Way
Easement
Ao.reernent
6 Melanie Ri ght -of-Way 31512008 Mesa 4640 384 2433043 Sec. 36 lots 4 and 7.5' on ei th er No
Andrea Easement 5 NW4, N2SW, si de of the
Borin Agreement T9S. R96W. 6m cent erline as
PM described in
construct ion
plans and shown
on Exh ibit A to
Ri gh t-of-Way
Easement
Agreement
7 Sheila K. Right-of-Way 2/5/08 Mesa 4640 350 2433038 Sec. 36 lots 4 and 7.5' on either No
Brown Easemen t 5 NW4, N2S W, si de of th e
Agreemen t T9S, R96 W, 6m centerlin e as
PM described in
construct ion
plans and shown
on Exhib it A to
8
Right-of-Way
Easement
Agreement
8 Linda Ri ght-of-Way 3/14/08 Me sa 4640 356 2433039 Sec. 36 lots 4 and 7 .5' on either No
Suzanne Easemen t 5 NW4, N2SW , s ide of the
Cas t iglione Agreement T9S, R96W, 6rn cen terline as
and Dona ld PM described in
Richard constniction
Bowlu s plan s and shown
on Exhibit A to
Righ t-of-Wa y
Easement
Agreement
9 Suzan ne Right-of-Way 2/22/08 Mesa BK PG 331 2433035 Sec. 36 lots 4 and 7 .5 ' on either No
Economou Easement 4640 5 NW4, N2SW , side of the
and George Agreement T9S, R96W, 6ru cen terline as
Economou PM described in
construction
plans and s hown
on Exhibit A to
Right-of-Way
Easement
Agreeme nt
10 Jon W. Right -o f-Way 2/1 1/08 Mesa 4640 377 2433042 Sec . 29 lot s 3 and 7.5' on either No
Scriani, Jon Easement 4, Mountain s ide of the
F. Seriani, Agn:eme nt Meadow s centerli ne as
Jack Seriani, Subdivision, described in
Mike T9S, R96W, 6n1 construct ion
Seriani, PM plans and shown
Denn is on Exhib it A to
Mayer an d Right-of-Way
Chuck Easeme nt
Maver Aareement -11 Kurt Ri ght-of-Wa y 3/10/08 Me sa BK PG 325 24 33034 Sec. 29 lot 7. 7.5' on either No
Streweler Easement 4640 Mountain side of the
and Amber Agreement Meadow s centerline as
Strcwclcr Subdivision , described in
T9S, R96W , 6111 construction
PM p lans and s hown
on Exhibi t A to -
9
Right -of-Way
Easement
Agreement
12 John Richard Right -of-Way 3/31/08 Mesa BK PG 176 2432988 Sec. 19 lots 11 7.5' on either No
Latham , Easement 4640 and 12, Sec. 30 side of th e
Margaret K. Agreement lot.s I, 2. 5, 6. 7. centerline as
Latham, and 8. Sec. 24 described in
Juli a Anne NW4, NENE constn1ct ion
Cox, and T9S, R96W , 6TH plans and s hown
Thomas A. PM on Ex hibit A to
Cox Right-of-Way
Easement
Ar.reement
13 Richard and Right-of-Way 2/4/08 Mesa BK PG 336 2433036 Sec. 13 SESE, 7.5' on eitJ1er No
Sally Loudin Easemen t 4640 E2S WS E, s ide of th e
Revocable Agreement S3/4NESE, centerline as
Int er Vivos S3/4E2NWSE described in
Trust and Sec. 24 construct ion
N4NENE, plans and shown
N2NENWNE on Exhibil A to
T9S, R9 7W, 6,.11 Ri ght-of-Way
PM Easement
Aareement
14 Steven W. Master Memorandum Mesa. Mesa: Mesa: Mesa : Sec. 33 T7S, Partial No Con fidentia I ity
Keinath and Surfac e Use of Surface Garfield BK PG 15 3-2248 15 5 R96W, 6m PM Assignment of provision applies
Sherry L. Agreement, Use 3875 55 and Sec. 4, 5, 7, Ma ste r Su rface to amount of
Keinath Amendment Agreement 8, 9, 16, 17 and Use Agreement, consideration.
to Master effective Garfield: Garfield: Garfield: 18 T8S, R96W , as amended, Articl e XIX
Surface Use 9/1/04; BK PG 356 669999 6m PM with respect to provides,
Agreement, Amendment 1669 all rights and "Disclosure to
Second to Master obligations successors in
Amendment Surface Use relating to interest to the
to Master Agreement construction of parties ... is
Surface Use effective the Collbran authorized after
Agreement 3/15/07; Pipeline (as such notice to th e other
Second term is defined party."
Amendment therein)
effective
3/J /08
10
15 Colohan Ri ght -of-Way 4118108 Garfield N I A NIA NIA Sec. 3 W2 NW. 7.5' on ei ther No Not yet recorded .
Family Tnist Easement Sec. 4 SENE side of the
Agree ment T8S, R96W , 6'111 cente rlin e as
PM and Sec. 34 described in
W2SWT7S. consl'ruction
R96W. 6rn PM plans and shown
on Exhibit A to
Right-of-Way
Easeme nt
Agreement
16 Ronald E. Ri ght-of-Way 2/18108 Garfield BK PG 184 2432989 A tract of land 7 .5' on either No
Tippin g, Easement 4640 situated in Sec. side of the
Marie E. Agreement 27 SESW. Sec. cent erli ne as
Tipping, 33 SENE, and described in
Rodney C. Sec. 34 NWSW. consiruct ion
Power, and NW4 , T7S , plans and shown
William R. R96W , 6rn PM on Ex hibit A to
Pauerson Ri gh t-of-Way
Easement
Agreement
NOTE: THE FOLLOWING RIGHT-OF-WAY IS ASSIGNED IN ITS ENTIRETY:
LEGAL DESC RIPTION CONSENT COMMENTS
DESC RIPTION OF RIGHT-TO ASSIGN
L ESSO R I OF ENTIRE OF-WAY REQUIR ED ?
LEASE RIGHT-OF-BEING
NAME DOCUMENT EFF. DATE C OUNTY ROOK PAGE ENTRY WAY ASSIGNED
I Bureau of Pipeline right-NIA NIA NIA NIA NIA Lands as En tire right-of-Ye s Pem1it app lication
Land of-way grunt genera ll y way pending .
Management de sc ribed below:
(Grand Sections 4. 8, 9,
Junction 17, 16 , 20, 2 1.
Fie ld Office) 3 1. 32 T8S,
R96W. 6m PM
Section 6. T9S .
R96W , 6rn PM
I I
Sections 12, 13
T9S, R97W, 6rn
PM
Sections 19. 2 7
2 8 , 29 , JO T9S,
R96W, 6111 PM
PERMITS
FEDERAL PERMITS
Type of Issued By Purpose I P e rmit No. Approval/ E xpiration Comments Consent to
Permit Application Issuance Date assign
Date required?
I Nationwide Department of Work in navig able Approved . Yes
Pem1it 12 Pre-Defense -Sacramento U.S. waters or
Construct ion Di strict Army Corps discharge, dredge or
Notification of Engineers (Grand fill materia l in U.S .,
J unction, Colorado) including wetlands
(cons truction of
drainage crossings)
2 Right-of-Way Oureau of Land Pipeline right-of:. Permit appli cation pending. Ye s
Grant Management (Grand way grant
Junction Field Office) Lands as generally described
below:
Section s 4, 8, 9, 17, 16, 20. 2 1.
31, 32 T8S , R96W , 6rn PM
Section 6, T9S, R96W , 6 rn PM
Sections 12, 13 T9S, R97W, 6 111
PM
Sections 19 . 2 7 2 8. 2 9 , 3 0 T9S,
R96W, 6T11 PM
12
-Type of Iss ued By Purpose I Permit No. Approv al/ Expira tion C omm ent s C onsent to
Permit Applica ti on Iss uan ce Oa tc assign
Da te required?
3 Speci al Use Fores t Serv ic e (Whit e In stall at io n of Penni t ap plica ti on pendin g. Yes
Pem1it Riv er Offi ce) pipelin e
Land s llS ge nera lly described
below :
Sect ion 7 T9S R96 W. 6T11 PM
4 Temporary Use Fore st Service (Wh ite Use of road s across Perm it a pp li cation pendin g. Yes
Permit River Offi ce) Fores t Se rvi ce lands Access ac ross Mesa Co unt y V
Road (No te: County only has
historica l access.)
ST ATE PE RMITS
Ty pe o f Issued By P urpose I Pe rmit No. Approva l/ Ex pirati on Co mm ent s Consent to
Permit Application Iss ua nce Date assign
Dat e required? --I Ut ility Co lora do Install at io n of Perm it applica ti on pend in g. Yes
Ins tall at ion De panm ent of natural gas pipe li ne
T ran sPon atio n (US I lieh way 6) -2 Min imal Co lora do Di sc harge of Permit a ppli ca tion pendin g. Yes
Indu stri al Departmen t of hyd rostati c tes t
Di scharge Public Health and water and trenc h
Pem1it Environm ent, Water dewn tering
Qu ality Control
Divi s ion -3 Con s trn ct io n Co lorado Disc harge of COR -03 0 552 04 /08/08 06/30/12 Approved . Yes
Stom1water De partm ent o f storm wat er fr om
Penn it Pu bli c Health and constrn ction s ite
Envi ronm ent, Water
Quali ty Co ntro l
Divi s io n
4 Con s tru ct ion Colorado Con struction of land OR MEO l47L 03/19/08 02/15/09 Approv ed. Yes
Emiss ion s Departm ent o f deve lopment
Penn it Public Health and proj ects greater th an
13
-Environment. Air 2.'i acres
Poll1111on Con 1rol
Divi sion
L-~-'-~~~~~~~-
LOCA L P E RM ITS
-
T y pe of Pe rm it Iss ued By Purpose I Permit Appr oval/ Ex pira ti on Comm ent s Conse nt t o assig n
A pp lk ation No. Iss uance Oa te requi red ?
Da t e
I Garfi eld Cou nty Buildin g and Co nstru ction of Permit applicati on Yes
Pipe lin e Planning pipeline pendin g.
Ocvcloprncnl Pinn Department , (pipeline
Admini strative Garfield County. development
Penn it Colorado plan)
2 Garfield Cou nty Roa d and Oridge Installation for Permit application Ye s
Utilities Department. natural gas pending.
In stallation Perm it Garfield Coun1y pipeline (Coun ty
for ln !>tallation of Road 300)
Utilitie s in Publi c
Riaht -of-Ways
3 Garfield Cou nty Road and Oridge Installation of Permi t applica1ion Yes
Utilitie s Department , natural gas pending .
Installation Pcrmi l Garfield County pipeline (ol d Una
for Installation of Bridge)
Utilitie s in Public
Ri e.h t-o f-Wa vs --,__
4 Mesa Co unt y Divi si on of In stallati on for Permit application Yes
Underground and Oes1gn and natural gas pendin g.
Utilities Pem1i1 for Eng ineerin g, pipe lin e (Coun ty
In stallation of Me sa Co unt y V Roa d)
U1ili1ie s in Public
Ri aht -of-Wa ys
OTHE R P E RM ITS
14
T ype of Permit Issued By Purpose I Permit Approval/ Ex piration Co mm ents Conse nt t o
Application No. Issuance Da te assign
Dat e required? ---I Union Pacific Union Pacific Installation of Pennie applica t ion Yes
Railroad Rail Road natural gas pending.
Encroachment pipeline
Permit
2 Construction Colorado Portable natural 05P00078 6-21 -2 007 Yes
Permit Department of gas compressor
Public I lealth engine, referred
and to as EnCana
Envi ronment. CE-P13 ,
Air Pollution homebased at
Control Division 2717 County
Road215,
Parachute,
Colorado
3 Construc tion Colorado Portable natural 05P00936 2-16-2007 Yes
Pemlit Department of gas compress ion
Pu blic I lealth package,
and homebased at
Environment, 2 7 17 Coun ty
Air Pollution Road 2 15. Suite
Control Divi sion I 000. Parachute ,
Colo rado
4 Construction Colorado Portable natural 05P00080 3-31 -2 005 Ye s
Penn it Department of gas compres sor
Pu blic Health engine, referred
and to as EnCana
Environment, CE -P15 ,
Air Pollution homeba sed at
Control Division 792 13uckhorn
Drive , Rifle ,
Colorado
15
I. Purchase Orders
I Purchase Order l'iumber
l 08 10 1684-0 1-00 l
2 08 10 1684-0 1-001 C/O l
3 08 10 1684-01-00 l C/02
4 08 10 1684-0 l A-001
5 08 101 684-02-00 l C/O1
6 08 10l684-02A-00 1
7 08 10 1684-03-001
8 08 101684-04-00 l
9 08101684 -05 -00 l
10 08101684-06-00 l
1 l 08101684 -07-00 l
12 08101684-07-001 CO l
13 08101684-08-00 l
14 0810168 4 -08-001CO 1
15 08101684-09-001
16 0810) 684-) 0-001
17 08101684-11-001
18 08101684-1 1-001-CO l
19 08101684-12-00 l
20 08101684 -12 -00 l co l
21 08101684-13-00 l
22 08101684-1 4-00 l
23 08101684-15-00 l
24 08101684-15-001 col
25 08101684-16-00 l
26 0810168 4 1 7-00 l
27 081 0168 4-1 7-00 l col
28 08101684-18-00 l
29 081 01684-1 9-00 l
30 08101684 -20-00 l
31 08101684-21-001
32 08101684-22-001
33 08101684-23-001
34 08101684-24-00 1
35 08101684-25-00 1
36 08101684 -26-00 l
37 08101684-27-001
38 08101684-28-00 l
39 08101684-29-00 l
Exhibit B
Contracts and Agreements
Date
1/31 /08
4122108
5/19/08
4/22/08
4/22 /08
4/22 /08
4/22 /08
4122108
4122108
4/22 /08
4/22 /08
6117/08
4/22/08
6117 /08
4/22/08
4/22 /08
4/22/08
6/17/08
4/22/08
6/17/04
4/22108
4/22/08
4122108
6117/08
41221 08
4/22108
6/17/08
4/221 08
4/28/08
4/28/08
4/28 /08
4/28/08
4/22108
41221 08
4122108
4122104
I 4122108
4122108
4/22108
I
I
40 08101684-31-001 4122108
4 1 08101684-31 B-00 l 4/22/08
42 08101684-32-001 4/22 /08
43 08101684-33-001 4/22/08
44 08101684-34-001 4/22/08
45 08101684-36-001 4/28 /04
46 08101684 -37 -001 4/28 /08
47 08101684-37-001 col 6/19/08
48 08101684-38-001 5/21 /08
49 08101684-39-001 5/19/08
50 08101684-41-001 Not dated
51 08101684-42 -001 5119 /08
52 08101684 -43-001 5/21 /08
53 08101684-44-001 5/29/08
54 08101684-46-001 5/2 1/08
55 08101684-46-00 1co1 6119/08
56 08101684-47-00 1 6117/08
57 08 10 1684-Colo Wyo 5/29/08
58 08101684 -Hogue 5/29/08
II. Other Agreements
l. Surface Access Agreement dated Jul y 1, 2008 by and between Colo\vyo Coal Company, L.P.
and EnCana Oil & Gas (U SA) Inc.
2. Lease Of Property dated April 23 , 2008 by and between John and Danita Hogue , as Lessor,
and EnCana Oil & Gas (USA) Inc., as Lessee
3. Letter of Authorization dated May 1. 2008 from Specialty Restaurant Corporation and
Stockton Restaurant Corporation
4. Property Leas e Agreement dated effec ti ve May 1, 2008 by and between Specialty Re staurants
Corporation and Stockton Re staurant Corporation, as Lesso r, and EnCana Oil & Gas (USA) Inc.,
as Le ssee
5. Letter of Authorization dated May 1, 2008 from Specialty Restaurant Corporation and
Stockton Re staurant Corporation
6. Property Lease Agreement dated effective May 1, 2008 by and between Specialty Re staurants
Corporation and Stockton Restaurant Corporation, as Lessor, and EnCana Oil & Gas (USA) Inc.,
as Lessee
7 . Sales Ord er by and between EnCana Oil & Gas (USA) Inc. and American Cast lron Pipe
Company, as amended
8. Schedule ·'A" dated July 24, 2006 by and between EnCana Oil & Gas (USA ) Inc. and
Universal Compression Inc. relating to Application # 112190 and Quote #0620602BRB anached
to Master Compression Serv ices Agreement dated January I , 2006 by and between EnCana Oil
& Gas (USA) lnc. and Universal Compression Inc.
9. Schedul e "A" dated July 24, 2006 by and between EnCana Oil & Gas (USA) In c. and
Universal Compression In c. relating to Application #11 2 191 and Quote #0620603 BRB attac hed
to Master Compression Services Agreement dated January 1, 2006 by and between EnCana Oil
& Gas (USA) Inc . and Universal Compression lnc.
10. Work Order dated March 11, 2008 by and between EnCana Oil & Gas (USA) lnc. and
Exterran. lnc. relating to Opportunity #80176 and Unit #312244 anached to Master Rental and
Service Agreement dated February I. 2007 by and between EnCana Oil & Gas (USA) Lnc. and
Hanover Compress ion Limited Partnership
Exhibit C
Equipment and Materials
l. 12 1,440 feet of 24" OD x 0.500" waJl API5L Gr. X-70 PSL 2 HF-ERW, 14 mils FBE
coated, PEB W pipe per EnCana Purchase Order number 8USSPDA-08-001.
2. 63,000 feet of 24" OD x 0.438" wall API5L Gr. X-70 PSL 2 HF-ERW, 14 mils FBE
coated, PEBW pipe per EnCana Purchase Order number 8USSPDA-08-002 as amended.
3. The Inlet condensate stabilization system and associated equipment denoted on Dwg. No.
2012210-00-01 of th e Mamm Creek Conditioning Facility.
4. Hot Oil Heater and pump system as denoted on Dwg No. 2012210-00-020 and Dwg. No.
2012210-00-02 1 of the Mamm Creek Conditioning Facility.
5. Engineering and design work products:
1. Hayes Mesa plot plan I design work to date
2. Pipeline Surveys or alignments sheets partially or fully completed to date.
l'RO l'El lTY LEAS E AG ltl::EM E NT
This Pro1><:ny l..ca sc Agrccmcn1 ("l..cnsc") is 111111lc and entered i1110 thi s 3?"'d•y of •
Apri l, 2008 (ihc "'Zxccution Date"), bul effective ns of M•y t . 200R (1 hc "ll llbctivc Onie") by and
bet"een S p ccht h y Rcs t:i urnn1 s Cor po rati on •nd St ock ion Rcs1nu r.u 1t Cor por:itio n , whose
addresses nrc 8191 E. Kai se r Blvd ., AnAheim, CA 92808 hcrcinnfier referred 10 as ("lessor") Md
EnCa 1111 Oi t & G:i$ (USA) I nc .• wlio•e •ddrcss is 370 11•• Street, Su ite 1700, Denver, Cnlor.Hlo
80202, ilS s uccessors and assigns herc111after referred to as ("Lessee")
Whereas, l~n Cann Oil & G•s (USA) Inc. d esires to lease properly in G31 field Cou11 1y,
Co lo rad o, for 1he purpose of mninlai ning a tempo rary cons truc 1io n 1m ilc r office nnd yard s ue.
Lessee shall, Under the !Cm" OfthtS Lc>SC, have lhe C,\Clus ive nsflt Of in gr<SS 311d C!JfCSS, and the
right lo enjoy th e exclusive use and occupancy of th e property d csc ril>cd below. Les~cc hns 1h c
righ 1 10 nssigo 1his Lease or the rii;)11 lo sublease lh c nbovc desc ribed 11ropcrty wi1 h lessor's
approval , suc h approval not 10 be unrcHoaobly wi1hhdd. condilloncd, or delayed. a l any time fo r
1hc purpose suucd herei n. ln acconlnnce wi1h the provisions sci fortlo below, tlm lease ••
co111irrg~111 upon nppro1·ol of t1 Spcciul Use Permit /rum Garjieltl County l111ilding (In!/ N am1111g
Deparrmt111. which 11\e Lessor cannot lc rmina!C prior lo the tenninat ion of the Lea>c:. Lessee will
aµply for 3 Special Use Pe rm ii within 45 days o f the E.•ccutio n Dnte. lf 1J1c Lessee d oes 1101 apply
wi1h in 45 days o f 1he Exceution Onie, th is l,cnsc shall lcrmi nnto upon cx11irn1io11 of lhe 4 5-day
period. Proof o f npplication shall be forward«! to Lessor before the e.•pirn hon ol 1he 4 5 d1y-
pc:riod .
Whereas, Lessor wnrranrs 1lt nt 1h ey nre 1h e owner of ccnni n rc~I property loc.11cd 111
G3rfi t ld Cou nty, 3nd
Whereas. Lessor d e<ircs Ill lcn ~c property lo !;nC•nn O il & G>< (USJ\) Inc. ro. the
purp<>Sc dcscrili<:d n bovc;
111erefon:, in cons1dcro1io n ol th e pronllSes and m11111nl covc nanls nnd con di t ion~ sc i fonlt
below , lhe pa rt ies ugrcc as follows:
I. J!u.ox>_g. l..c ssor agree s to lc11>c 10 l..c:.sce n pa rcel o f fond loca1od 111 I ow11ship 7
Sl\\uh , Ran ge 96 Wc:.t , Sec tion 33 : NE/4NE/4 :i; dc~11bccl 0 11 the attached
E~hibit A, in Garfield Cou nt). Colorado {1he "Lcuscd Propcny"), as a temporary
construction tra iler o tf1 cc and )'n rd site, howc\ er there will l>e no ha~rdous
11 1atcria f storngc.
2 . l s 1m . ·rite 1crr11 of tlu·, l..ca sc shall Ii.: for n 12 mo111h period, begm11111& i\1oy I.
2008 continuing through April 3 0, 2009
3 Consider ation The cunsul<:ration fo r the 12 month lea.~c is pairl '1t
lhc time of approval of the Spec ial Use f>cnnit and wi lh lhc Lcs>or to receive a
co py of the S pcci nl Use Permil. No work shall be p<:r fom 1ed s uch ns foncing,
grave l, o r in stallal!Oll o f road ways, and no occ up.,ncy of lhe ynrd sholl occ ur,
unt il the Special Use Pc nnil i~ npproved. The Lessee wil l provide the l..esso1 •
copy of o Liability Pnlicy (ll 111rler) for the yn 1d nnd be 11.uncd :as addit1011al
in sured .
SPECIALTY RESTAUUANTS CORP ORATION
Dccw1b cr I I, 200~
En tcql!ise Gos Proce ssi n&, LLC
n Dclnwnrc li111 itcd Li nbili l)' Co mpany
Spccin lly Rcsl11uruu1s Corporn lio n/ S1ock 1011 Rcslnurnnl Corvornliou is nwnre lhnl
HnCnnn Oil mtd Gns (USA) Inc., nud Entcrp1iso Gos Processi ng hnvc cous11111111ntcd on
11g1ccmcn l nnd ncquircd certnin permits nntl leases lhnl hnvo imp licnlions for Spccinlly
Restnurnnls Corp.
Sµccinhy Rcsta urnnls Corp/SRC i ~ in ntrccmcnl und ncknowlcd gcs llrnl EnCnnn hM
ass igned Tw1> (2) lenses 10 llntcrprise Gos. Spccln lt y Restaurant Corp/SRC Lenses arc
uow nppmved for nssignmcnt 10 £l11tc1p1isc Gns nud nre rt~ follow s:
I . Seven (7) acre, vncont land lonsu that sln rt ed on April 30, 200S and exµireJ on
May t, 2009. This lea se hns no renown! cl11u:w or np tio11 clnu sc, this lcusc will
ex pire on May I, 2009 oud all c<1uip111cut nnd uel1>11 ging.• of Lessee sha ll ho
removed from th e pro11erly by no lu tcr !hon May I, 200'). Specialty Rcsln11rn111
Cu1p/SRC shall co11sld11J• c.rte11dl11g this lease ns 11er <:Olll'C1'S11tlo11s with Toby
G11ccln i-Rcptu.<c11111rlv.: fol' S/~G: 11111/cr llrcsc general lcrms set forth to be
npproved by both pcrrtles. Co11sidamt iu11 ~( tStc11di11g this lease will be.for 11
1'cr111 of6-111n11tha s11111/11g 011 M11y J. 2009 mu! ending 011 Om1bcr 31, 2009 nnd a
onu tim e re11tnl pny111c111 of pny11blc to Specialty Rtslm11·11111.rlSR C
11po11 sig11 i11y. u/11111l111eud111e11 1 to th e ol'igi11a l lcnsc ncccpted by 111/.
2. Twenty-one (21) ucrc, vncnnt lo11d lease 1hn1 sinrtcd on t\1>i·il 30 , 200S nnd expires
May t, 2009 with the Option lo re-new this lease for a1101her 1-ycnr term. Lessee
must mnkc payment of 10 Spcciulty RcslaunmtH CorplSRC, 30 Ufl)'S
p1ior tn th e e.wirnlion dnlc oflhc lease.
Xl~I l:aS l K:\IM!r Uo11kH\hl, 1\11:ih~1111 , CA 'J:-!~1~tt
f dl.')lih>llc-f'/ 1·1) 27 1).t+t(Jt) 1•1\X (71.IJ 1)\J~· 75 I I (E,,'"•uuhc) l',\X (7 1-1) 1)9M.•l3(d (l.\.'.i;.1l 'F!11.u1l'\:) f, \X t J l ·H •~)~·-11 )6:! (1\~•'-'Ulil i11g i.:. 01hi:1')
1:1\X (714) 91Jl(.S.aQ6 tr11td1a,iugl l"AX (71·1•1J1>S· 7t~i) (l"o1l,110..:1 io11l
Nationwide
Permit Summary
33 CFR Part 330; Issuance of Nationwide Permits – March 19, 2007 includes
corrections of May 8, 2007 and addition of
regional conditions December 2007
12. Utility Line Activities. Activities required for the
construction, maintenance, repair, and removal of utility lines
and associated facilities in waters of the United States, provided
the activity does not result in the loss of greater than 1/2 acre of
waters of the United States.
Utility lines: This NWP authorizes the construction,
maintenance, or repair of utility lines, including outfall and
intake structures, and the associated excavation, backfill, or
bedding for the utility lines, in all waters of the United States,
provided there is no change in pre-construction contours. A
“utility line” is defined as any pipe or pipeline for the
transportation of any gaseous, liquid, liquescent, or slurry
substance, for any purpose, and any cable, line, or wire for the
transmission for any purpose of electrical energy, telephone, and
telegraph messages, and radio and television communication.
The term “utility line” does not include activities that drain a
water of the United States, such as drainage tile or french drains,
but it does apply to pipes conveying drainage from another area.
Material resulting from trench excavation may be temporarily
sidecast into waters of the United States for no more than three
months, provided the material is not placed in such a manner
that it is dispersed by currents or other forces. The district
engineer may extend the period of temporary side casting for no
more than a total of 180 days, where appropriate. In wetlands,
the top 6 to 12 inches of the trench should normally be
backfilled with topsoil from the trench. The trench cannot be
constructed or backfilled in such a manner as to drain waters of
the United States (e.g., backfilling with extensive gravel layers,
creating a french drain effect). Any exposed slopes and stream
banks must be stabilized immediately upon completion of the
utility line crossing of each waterbody.
Utility line substations: This NWP authorizes the construction,
maintenance, or expansion of substation facilities associated
with a power line or utility line in non-tidal waters of the United
States, provided the activity, in combination with all other
activities included in one single and complete project, does not
result in the loss of greater than 1/2 acre of waters of the United
States. This NWP does not authorize discharges into non-tidal
wetlands adjacent to tidal waters of the United States to
construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers, poles, and anchors:
This NWP authorizes the construction or maintenance of
foundations for overhead utility line towers, poles, and anchors
in all waters of the United States, provided the foundations are
the minimum size necessary and separate footings for each tower
leg (rather than a larger single pad) are used where feasible.
Access roads: This NWP authorizes the construction of access
roads for the construction and maintenance of utility lines,
including overhead power lines and utility line substations, in
non-tidal waters of the United States, provided the total
discharge from a single and complete project does not cause the
loss of greater than 1/2-acre of non-tidal waters of the United
States. This NWP does not authorize discharges into non-tidal
wetlands adjacent to tidal waters for access roads. Access roads
must be the minimum width necessary (see Note 2, below).
Access roads must be constructed so that the length of the road
minimizes any adverse effects on waters of the United States and
must be as near as possible to pre-construction contours and
elevations (e.g., at grade corduroy roads or geotextile/gravel
roads). Access roads constructed above pre-construction
contours and elevations in waters of the United States must be
properly bridged or culverted to maintain surface flows.
This NWP may authorize utility lines in or affecting navigable
waters of the United States even if there is no associated
discharge of dredged or fill material (See 33 CFR Part 322).
Overhead utility lines constructed over section 10 waters and
utility lines that are routed in or under section 10 waters without
a discharge of dredged or fill material require a section 10
permit.
This NWP also authorizes temporary structures, fills, and work
necessary to conduct the utility line activity. Appropriate
measures must be taken to maintain normal downstream flows
and minimize flooding to the maximum extent practicable, when
temporary structures, work, and discharges, including
cofferdams, are necessary for construction activities, access fills,
or dewatering of construction sites. Temporary fills must consist
of materials, and be placed in a manner, that will not be eroded
by expected high flows. Temporary fills must be removed in
their entirety and the affected areas returned to pre-construction
elevations. The areas affected by temporary fills must be
revegetated, as appropriate.
Notification: The permittee must submit a pre-construction
notification to the district engineer prior to commencing the
activity if any of the following criteria are met: (1) the activity
involves mechanized land clearing in a forested wetland for the
utility line right-of-way; (2) a section 10 permit is required; (3)
the utility line in waters of the United States, excluding overhead
lines, exceeds 500 feet; (4) the utility line is placed within a
jurisdictional area (i.e., water of the United States), and it runs
parallel to a stream bed that is within that jurisdictional area; (5)
discharges that result in the loss of greater than 1/10-acre of
waters of the United States; (6) permanent access roads are
constructed above grade in waters of the United States for a
distance of more than 500 feet; or (7) permanent access roads are
constructed in waters of the United States with impervious
materials. (See general condition 27.) (Sections 10 and 404)
Note 1: Where the proposed utility line is constructed or
installed in navigable waters of the United States (i.e., section 10
waters), copies of the pre-construction notification and NWP
verification will be sent by the Corps to the National Oceanic
and Atmospheric Administration (NOAA), National Ocean
Service (NOS), for charting the utility line to protect navigation.
Note 2: Access roads used for both construction and
maintenance may be authorized, provided they meet the terms
and conditions of this NWP. Access roads used solely for
construction of the utility line must be removed upon completion
of the work, accordance with the requirements for temporary
fills.
Nationwide 12 Permit Summary Page 2
Note 3: Pipes or pipelines used to transport gaseous, liquid,
liquescent, or slurry substances over navigable waters of the
United States are considered to be bridges, not utility lines, and
may require a permit from the U.S. Coast Guard pursuant to
Section 9 of the Rivers and Harbors Act of 1899. However, any
discharges of dredged or fill material into waters of the United
States associated with such pipelines will require a section 404
permit (see NWP 15)
A. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective
permittee must comply with the following general conditions, as
appropriate, in addition to any regional or case-specific
conditions imposed by the division engineer or district engineer.
Prospective permittees should contact the appropriate Corps
district office to determine if regional conditions have been
imposed on an NWP. Prospective permittees should also contact
the appropriate Corps district office to determine the status of
Clean Water Act Section 401 water quality certification and/or
Coastal Zone Management Act consistency for an NWP.
1. Navigation.
(a) No activity may cause more than a minimal
adverse effect on navigation.
(b) Any safety lights and signals prescribed by the
U.S. Coast Guard, through regulations or otherwise, must
be installed and maintained at the permittee’s expense on
authorized facilities in navigable waters of the United
States.
(c) The permittee understands and agrees that, if
future operations by the United States require the
removal, relocation, or other alteration, of the structure or
work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters,
the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without
expense to the United States. No claim shall be made
against the United States on account of any such removal
or alteration.
2. Aquatic Life Movements. No activity may
substantially disrupt the necessary life cycle movements of those
species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area, unless the
activity’s primary purpose is to impound water. Culverts placed
in streams must be installed to maintain low flow conditions.
3 Spawning Areas. Activities in spawning areas during
spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by
substantial turbidity) of an important spawning area are not
authorized.
4. Migratory Bird Breeding Areas. Activities in waters
of the United States that serve as breeding areas for migratory
birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of
concentrated shellfish populations, unless the activity is directly
related to a shellfish harvesting activity authorized by NWPs 4
and 48.
6. Suitable Material. No activity may use unsuitable
material (e.g., trash, debris, car bodies, asphalt, etc.). Material
used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water
Act).
7. Water Supply Intakes. No activity may occur in the
proximity of a public water supply intake, except where the
activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity
creates an impoundment of water, adverse effects to the aquatic
system due to accelerating the passage of water, and/or
restricting its flow must be minimized to the maximum extent
practicable.
9. Management of Water Flows. To the maximum extent
practicable, the pre-construction course, condition, capacity, and
location of open waters must be maintained for each activity,
including stream channelization and storm water management
activities, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must
not restrict or impede the passage of normal or high flows,
unless the primary purpose of the activity is to impound water or
manage high flows. The activity may alter the pre-construction
course, condition, capacity, and location of open waters if it
benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year Floodplains. The activity must
comply with applicable FEMA-approved state or local
floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or
mudflats must be placed on mats, or other measures must be
taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil
erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the
ordinary high water mark or high tide line, must be permanently
stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States
during periods of low-flow or no-flow.
13. Removal of Temporary Fills. Temporary fills must be
removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated,
as appropriate.
14. Proper Maintenance. Any authorized structure or fill
shall be properly maintained, including maintenance to ensure
public safety.
15. Wild and Scenic Rivers. No activity may occur in a
component of the National Wild and Scenic River System, or in
a river officially designated by Congress as a “study river” for
possible inclusion in the system while the river is in an official
study status, unless the appropriate Federal agency with direct
management responsibility for such river, has determined in
Nationwide 12 Permit Summary Page 3
writing that the proposed activity will not adversely affect the
Wild and Scenic River designation or study status. Information
on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S.
Fish and Wildlife Service).
16. Tribal Rights. No activity or its operation may impair
reserved tribal rights, including, but not limited to, reserved
water rights and treaty fishing and hunting rights.
17. Endangered Species.
(a) No activity is authorized under any NWP
which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed
for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will destroy or
adversely modify the critical habitat of such species. No
activity is authorized under any NWP which “may affect”
a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed
activity has been completed.
(b) Federal agencies should follow their own
procedures for complying with the requirements of the
ESA. Federal permittees must provide the district
engineer with the appropriate documentation to
demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the
district engineer if any listed species or designated critical
habitat might be affected or is in the vicinity of the
project, or if the project is located in designated critical
habitat, and shall not begin work on the activity until
notified by the district engineer that the requirements of
the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed
endangered or threatened species or designated critical
habitat, the pre-construction notification must include the
name(s) of the endangered or threatened species that may
be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the
proposed work. The district engineer will determine
whether the proposed activity “may affect” or will have
“no effect” to listed species and designated critical habitat
and will notify the non-Federal applicant of the Corps’
determination within 45 days of receipt of a complete pre-
construction notification. In cases where the non-Federal
applicant has identified listed species or critical habitat
that might be affected or is in the vicinity of the project,
and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the
proposed activities will have “no effect” on listed species
or critical habitat, or until Section 7 consultation has been
completed.
(d) As a result of formal or informal
consultation with the FWS or NMFS the district engineer
may add species-specific regional endangered species
conditions to the NWPs.
(e) Authorization of an activity by a NWP does
not authorize the “take” of a threatened or endangered
species as defined under the ESA. In the absence of
separate authorization (e.g., an ESA Section 10 Permit, a
Biological Opinion with “incidental take” provisions, etc.)
from the U.S. FWS or the NMFS, both lethal and non-
lethal “takes” of protected species are in violation of the
ESA. Information on the location of threatened and
endangered species and their critical habitat can be
obtained directly from the offices of the U.S. FWS and
NMFS or their world wide Web pages at
http://www.fws.gov/ and
http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties.
(a) In cases where the district engineer
determines that the activity may affect properties listed, or
eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the
requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own
procedures for complying with the requirements of
Section 106 of the National Historic Preservation Act.
Federal permittees must provide the district engineer with
the appropriate documentation to demonstrate compliance
with those requirements.
(c) Non-federal permittees must submit a pre-
construction notification to the district engineer if the
authorized activity may have the potential to cause effects
to any historic properties listed, determined to be eligible
for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously
unidentified properties. For such activities, the pre-
construction notification must state which historic
properties may be affected by the proposed work or
include a vicinity map indicating the location of the
historic properties or the potential for the presence of
historic properties. Assistance regarding information on
the location of or potential for the presence of historic
resources can be sought from the State Historic
Preservation Officer or Tribal Historic Preservation
Officer, as appropriate, and the National Register of
Historic Places (see 33 CFR 330.4(g)). The district
engineer shall make a reasonable and good faith effort to
carry out appropriate identification efforts, which may
include background research, consultation, oral history
interviews, sample field investigation, and field survey.
Based on the information submitted and these efforts, the
district engineer shall determine whether the proposed
activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified
historic properties which the activity may have the
potential to cause effects and so notified the Corps, the
non-Federal applicant shall not begin the activity until
notified by the district engineer either that the activity has
no potential to cause effects or that consultation under
Section 106 of the NHPA has been completed.
(d) The district engineer will notify the
prospective permittee within 45 days of receipt of a
complete pre-construction notification whether NHPA
Section 106 consultation is required. Section 106
consultation is not required when the Corps determines
that the activity does not have the potential to cause
Nationwide 12 Permit Summary Page 4
effects on historic properties (see 36 CFR §800.3(a)). If
NHPA section 106 consultation is required and will
occur, the district engineer will notify the non-Federal
applicant that he or she cannot begin work until Section
106 consultation is completed.
(e) Prospective permittees should be aware that
section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents
the Corps from granting a permit or other assistance to an
applicant who, with intent to avoid the requirements of
Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit
would relate, or having legal power to prevent it, allowed
such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic
Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect
created or permitted by the applicant. If circumstances
justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying
the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed
mitigation. This documentation must include any views
obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects
historic properties on tribal lands or affects properties of
interest to those tribes, and other parties known to have a
legitimate interest in the impacts to the permitted activity
on historic properties.
19. Designated Critical Resource Waters. Critical
resource waters include, NOAA-designated marine sanctuaries,
National Estuarine Research Reserves, state natural heritage
sites, and outstanding national resource waters or other waters
officially designated by a state as having particular
environmental or ecological significance and identified by the
district engineer after notice and opportunity for public
comment. The district engineer may also designate additional
critical resource waters after notice and opportunity for
comment.
(a) Discharges of dredged or fill material into
waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and
50 for any activity within, or directly affecting, critical
resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23,
25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is
required in accordance with general condition 27, for any
activity proposed in the designated critical resource
waters including wetlands adjacent to those waters. The
district engineer may authorize activities under these
NWPs only after it is determined that the impacts to the
critical resource waters will be no more than minimal.
20 Mitigation. The district engineer will consider the
following factors when determining appropriate and practicable
mitigation necessary to ensure that adverse effects on the aquatic
environment are minimal:
(a) The activity must be designed and
constructed to avoid and minimize adverse effects, both
temporary and permanent, to waters of the United States
to the maximum extent practicable at the project site (i.e.,
on site).
(b) Mitigation in all its forms (avoiding,
minimizing, rectifying, reducing, or compensating) will
be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum
one-for-one ratio will be required for all wetland losses
that exceed 1/10 acre and require pre-construction
notification, unless the district engineer determines in
writing that some other form of mitigation would be more
environmentally appropriate and provides a project-
specific waiver of this requirement. For wetland losses of
1/10 acre or less that require pre-construction notification,
the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure
that the activity results in minimal adverse effects on the
aquatic environment. Since the likelihood of success is
greater and the impacts to potentially valuable uplands are
reduced, wetland restoration should be the first
compensatory mitigation option considered.
(d) For losses of streams or other open waters
that require pre-construction notification, the district
engineer may require compensatory mitigation, such as
stream restoration, to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to
increase the acreage losses allowed by the acreage limits
of the NWPs. For example, if an NWP has an acreage
limit of 1/2 acre, it cannot be used to authorize any project
resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is
provided that replaces or restores some of the lost waters.
However, compensatory mitigation can and should be
used, as necessary, to ensure that a project already
meeting the established acreage limits also satisfies the
minimal impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects
in or near streams or other open waters will normally
include a requirement for the establishment, maintenance,
and legal protection (e.g., conservation easements) of
riparian areas next to open waters. In some cases, riparian
areas may be the only compensatory mitigation required.
Riparian areas should consist of native species. The width
of the required riparian area will address documented
water quality or aquatic habitat loss concerns. Normally,
the riparian area will be 25 to 50 feet wide on each side of
the stream, but the district engineer may require slightly
wider riparian areas to address documented water quality
or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the district engineer will
determine the appropriate compensatory mitigation (e.g.,
riparian areas and/or wetlands compensation) based on
what is best for the aquatic environment on a watershed
basis. In cases where riparian areas are determined to be
the most appropriate form of compensatory mitigation,
the district engineer may waive or reduce the requirement
to provide wetland compensatory mitigation for wetland
losses.
Nationwide 12 Permit Summary Page 5
(g) Permittees may propose the use of
mitigation banks, in-lieu fee arrangements or separate
activity-specific compensatory mitigation. In all cases, the
mitigation provisions will specify the party responsible
for accomplishing and/or complying with the mitigation
plan.
(h) Where certain functions and services of
waters of the United States are permanently adversely
affected, such as the conversion of a forested or scrub-
shrub wetland to a herbaceous wetland in a permanently
maintained utility line right-of-way, mitigation may be
required to reduce the adverse effects of the project to the
minimal level.
21. Water Quality. Where States and authorized Tribes, or
EPA where applicable, have not previously certified compliance
of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR
330.4(c)). The district engineer or State or Tribe may require
additional water quality management measures to ensure that the
authorized activity does not result in more than minimal
degradation of water quality.
22. Coastal Zone Management. In coastal states where an
NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or
a presumption of concurrence must occur (see 33 CFR 330.4(d)).
The district engineer or a State may require additional measures
to ensure that the authorized activity is consistent with state
coastal zone management requirements.
23. Regional and Case-By-Case Conditions. The activity
must comply with any regional conditions that may have been
added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state,
Indian Tribe, or U.S. EPA in its section 401 Water Quality
Certification, or by the state in its Coastal Zone Management
Act consistency determination.
24. Use of Multiple Nationwide Permits. The use of
more than one NWP for a single and complete project is
prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit
of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP
13, the maximum acreage loss of waters of the United States for
the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the
permittee sells the property associated with a nationwide permit
verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the
appropriate Corps district office to validate the transfer. A copy
of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and
signature:
“When the structures or work authorized by this
nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this
nationwide permit, including any special conditions, will
continue to be binding on the new owner(s) of the
property. To validate the transfer of this nationwide
permit and the associated liabilities associated with
compliance with its terms and conditions, have the
transferee sign and date below.”
----------------------------------------------------------------
(Transferee)
----------------------------------------------------------------
(Date)
26. Compliance Certification. Each permittee who
received an NWP verification from the Corps must submit a
signed certification regarding the completed work and any
required mitigation. The certification form must be forwarded by
the Corps with the NWP verification letter and will include:
(a) A statement that the authorized work was
done in accordance with the NWP authorization,
including any general or specific conditions;
(b) A statement that any required mitigation
was completed in accordance with the permit conditions;
and
(c) The signature of the permittee certifying the
completion of the work and mitigation.
27. Pre-Construction Notification.
(a) Timing.. Where required by the terms of the
NWP, the prospective permittee must notify the district
engineer by submitting a pre-construction notification
(PCN) as early as possible. The district engineer must
determine if the PCN is complete within 30 calendar days
of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN
complete only once. However, if the prospective
permittee does not provide all of the requested
information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and
the PCN review process will not commence until all of
the requested information has been received by the district
engineer. The prospective permittee shall not begin the
activity until either:
(1) He or she is notified in writing by the
district engineer that the activity may proceed under
the NWP with any special conditions imposed by the
district or division engineer; or
(2) Forty-five calendar days have passed
from the district engineer’s receipt of the complete
PCN and the prospective permittee has not received
written notice from the district or division engineer.
However, if the permittee was required to notify the
Corps pursuant to general condition 17 that listed
species or critical habitat might affected or in the
vicinity of the project, or to notify the Corps pursuant
to general condition 18 that the activity may have the
potential to cause effects to historic properties, the
permittee cannot begin the activity until receiving
written notification from the Corps that is “no effect”
on listed species or “no potential to cause effects” on
historic properties, or that any consultation required
under Section 7 of the Endangered Species Act (see
Nationwide 12 Permit Summary Page 6
33 CFR 330.4(f)) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) is
completed. Also, work cannot begin under NWPs 21,
49, or 50 until the permittee has received written
approval from the Corps. If the proposed activity
requires a written waiver to exceed specified limits of
an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district
or division engineer notifies the permittee in writing
that an individual permit is required within 45
calendar days of receipt of a complete PCN, the
permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the
permittee’s right to proceed under the NWP may be
modified, suspended, or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification:
The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers
of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project;
the project’s purpose; direct and indirect adverse
environmental effects the project would cause; any
other NWP(s), regional general permit(s), or
individual permit(s) used or intended to be used to
authorize any part of the proposed project or any
related activity. The description should be
sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will
be minimal and to determine the need for
compensatory mitigation. Sketches should be
provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches
usually clarify the project and when provided result
in a quicker decision.);
(4) The PCN must include a delineation of
special aquatic sites and other waters of the United
States on the project site. Wetland delineations must
be prepared in accordance with the current method
required by the Corps. The permittee may ask the
Corps to delineate the special aquatic sites and other
waters of the United States, but there may be a delay
if the Corps does the delineation, especially if the
project site is large or contains many waters of the
United States. Furthermore, the 45 day period will
not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the
loss of greater than 1/10 acre of wetlands and a PCN
is required, the prospective permittee must submit a
statement describing how the mitigation requirement
will be satisfied. As an alternative, the prospective
permittee may submit a conceptual or detailed
mitigation plan.
(6) If any listed species or designated
critical habitat might be affected or is in the vicinity
of the project, or if the project is located in
designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those
endangered or threatened species that might be
affected by the proposed work or utilize the
designated critical habitat that may be affected by the
proposed work. Federal applicants must provide
documentation demonstrating compliance with the
Endangered Species Act; and
(7) For an activity that may affect a historic
property listed on, determined to be eligible for
listing on, or potentially eligible for listing on, the
National Register of Historic Places, for non-Federal
applicants the PCN must state which historic property
may be affected by the proposed work or include a
vicinity map indicating the location of the historic
property. Federal applicants must provide
documentation demonstrating compliance with
Section 106 of the National Historic Preservation
Act.
(c) Form of Pre-Construction Notification: The
standard individual permit application form (Form ENG
4345) may be used, but the completed application form
must clearly indicate that it is a PCN and must include all
of the information required in paragraphs (b)(1) through
(7) of this general condition. A letter containing the
required information may also be used.
(d) Agency Coordination:
(1) The district engineer will consider any
comments from Federal and state agencies
concerning the proposed activity’s compliance with
the terms and conditions of the NWPs and the need
for mitigation to reduce the project’s adverse
environmental effects to a minimal level.
(2) For all NWP 48 activities requiring pre-
construction notification and for other NWP activities
requiring pre-construction notification to the district
engineer that result in the loss of greater than 1/2-acre
of waters of the United States, the district engineer
will immediately provide (e.g., via facsimile
transmission, overnight mail, or other expeditious
manner) a copy of the PCN to the appropriate Federal
or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic
Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the
NMFS). With the exception of NWP 37, these
agencies will then have 10 calendar days from the
date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide
substantive, site-specific comments. If so contacted
by an agency, the district engineer will wait an
additional 15 calendar days before making a decision
on the pre-construction notification. The district
engineer will fully consider agency comments
received within the specified time frame, but will
provide no response to the resource agency, except as
provided below. The district engineer will indicate in
the administrative record associated with each pre-
construction notification that the resource agencies’
Nationwide 12 Permit Summary Page 7
concerns were considered. For NWP 37, the
emergency watershed protection and rehabilitation
activity may proceed immediately in cases where
there is an unacceptable hazard to life or a significant
loss of property or economic hardship will occur. The
district engineer will consider any comments
received to decide whether the NWP 37 authorization
should be modified, suspended, or revoked in
accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective
permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30
calendar days of receipt of any Essential Fish Habitat
conservation recommendations, as required by
Section 305(b)(4)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide
the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require
reporting, the district engineer will provide a copy of
each report within 10 calendar days of receipt to the
appropriate regional office of the NMFS.
(e) In reviewing the PCN for the proposed
activity, the district engineer will determine whether the
activity authorized by the NWP will result in more than
minimal individual or cumulative adverse environmental
effects or may be contrary to the public interest. If the
proposed activity requires a PCN and will result in a loss
of greater than 1/10 acre of wetlands, the prospective
permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory
mitigation for projects with smaller impacts. The district
engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in
determining whether the net adverse environmental
effects to the aquatic environment of the proposed work
are minimal. The compensatory mitigation proposal may
be either conceptual or detailed. If the district engineer
determines that the activity complies with the terms and
conditions of the NWP and that the adverse effects on the
aquatic environment are minimal, after considering
mitigation, the district engineer will notify the permittee
and include any conditions the district engineer deems
necessary. The district engineer must approve any
compensatory mitigation proposal before the permittee
commences work. If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed
compensatory mitigation plan. The district engineer must
review the plan within 45 calendar days of receiving a
complete PCN and determine whether the proposed
mitigation would ensure no more than minimal adverse
effects on the aquatic environment. If the net adverse
effects of the project on the aquatic environment (after
consideration of the compensatory mitigation proposal)
are determined by the district engineer to be minimal, the
district engineer will provide a timely written response to
the applicant. The response will state that the project can
proceed under the terms and conditions of the NWP.
If the district engineer determines that the adverse
effects of the proposed work are more than minimal, then
the district engineer will notify the applicant either: (1)
That the project does not qualify for authorization under
the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (2) that the
project is authorized under the NWP subject to the
applicant’s submission of a mitigation plan that would
reduce the adverse effects on the aquatic environment to
the minimal level; or (3) that the project is authorized
under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is
required to ensure no more than minimal adverse effects
occur to the aquatic environment, the activity will be
authorized within the 45-day PCN period. The
authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse
effects on the aquatic environment to the minimal level.
When mitigation is required, no work in waters of the
United States may occur until the district engineer has
approved a specific mitigation plan.
(a) 28. Single and Complete Project. The activity must
be a single and complete project. The same NWP cannot be used
more than once for the same single and complete project.
B. Regional Conditions:
I. Sacramento District (All States – CA, NV, UT & CO)
1. When pre-construction notification (PCN) is required, the
prospective permittee shall notify the Sacramento District in
accordance with General Condition 27 using either the South
Pacific Division Preconstruction Notification (PCN) Checklist or
a completed application form (ENG Form 4345). In addition,
the PCN shall include:
a. A written statement explaining how the activity has
been designed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United
States;
b. Drawings, including plan and cross-section views,
clearly depicting the location, size and dimensions of the
proposed activity. The drawings shall contain a title
block, legend and scale, amount (in cubic yards) and size
(in acreage) of fill in Corps jurisdiction, including both
permanent and temporary fills/structures. The ordinary
high water mark or, if tidal waters, the high tide line
should be shown (in feet), based on National Geodetic
Vertical Datum (NGVD) or other appropriate referenced
elevation; and
c. Pre-project color photographs of the project site taken
from designatedlocations documented on the plan
drawing.
2. The permittee shall complete compensatory mitigation
required by special conditions of the NWP verification before or
concurrent with construction of the authorized activity, except
when specifically determined to be impracticable by the
Sacramento District. When project mitigation involves use of a
mitigation bank or in-lieu fee program, payment shall be made
before commencing construction.
Nationwide 12 Permit Summary Page 8
3. The permittee shall record the NWP verification with the
Registrar of Deeds or other appropriate official charged with the
responsibility for maintaining records of title to or interest in real
property against areas (1) designated to be preserved as part of
mitigation for authorized impacts, including any associated
covenants or restrictions, or (2) where structures such as boat
ramps or docks, marinas, piers, and permanently moored vessels
will be constructed in or adjacent to navigable waters (Section
10 and Section 404). The recordation shall also include a map
showing the surveyed location of the authorized structure and
any associated areas preserved to minimize or compensate for
project impacts.
4. The permittee shall place wetlands, other aquatic areas, and
any vegetative buffers preserved as part of mitigation for
impacts into a separate “preserve” parcel prior to discharging
dredged or fill material into waters of the United States, except
where specifically determined to be impracticable by the
Sacramento District. Permanent legal protection shall be
established for all preserve parcels, following Sacramento
District approval of the legal instrument.
5. The permittee shall allow Corps representatives to inspect
the authorized activity and any mitigation areas at any time
deemed necessary to determine compliance with the terms and
conditions of the NWP verification. The permittee will be
notified in advance of an inspection.
6. For NWPs 29, 39, 40, 42, 43, 44, and 46, requests to waive
the 300 linear foot limitation for intermittent or ephemeral
waters of the U.S. shall include an evaluation of functions and
services provided by the waterbody taking into account the
watershed, measures to be implemented to avoid and minimize
impacts, other measures to avoid and minimize that were found
to be impracticable, and a mitigation plan for offsetting impacts.
7. Road crossings shall be designed to ensure fish passage,
especially for anadromous fisheries. Permittees shall employ
bridge designs that span the stream or river, utilize pier or pile
supported structures, or involve large bottomless culverts with a
natural streambed, where the substrate and streamflow
conditions approximate existing channel conditions. Approach
fills in waters of the United States below the ordinary high water
mark are not authorized under the NWPs, except where
avoidance has specifically been determined to be impracticable
by the Sacramento District.
8. For NWP 12, clay blocks, bentonite, or other suitable
material shall be used to seal the trench to prevent the utility line
from draining waters of the United States, including wetlands.
9. For NWP 13, bank stabilization shall include the use of
vegetation or other biotechnical design to the maximum extent
practicable. Activities involving hard-armoring of the bank toe
or slope requires submission of a PCN per General Condition 27.
10. For NWP 23, the PCN shall include a copy of the signed
Categorical Exclusion document and final agency
determinations regarding compliance with Section 7 of the
Endangered Species Act, Essential Fish Habitat under the
Magnussen-Stevens Act, and Section 106 of the National
Historic Preservation Act.
11. For NWP 44, the discharge shall not cause the loss of more
than 300 linear feet of streambed. For intermittent and
ephemeral streams, the 300 linear foot limit may be waived in
writing by the Sacramento District. This NWP does not
authorize discharges in waters of the United States supporting
anadromous fisheries.
12. For NWPs 29 and 39, channelization or relocation of
intermittent or perennial drainage, is not authorized, except
when, as determined by the Sacramento District, the relocation
would result in a net increase in functions of the aquatic
ecosystem within the watershed.
13. For NWP 33, temporary fills for construction access in
waters of the United States supporting fisheries shall be
accomplished with clean, washed spawning quality gravels
where practicable as determined by the Sacramento District, in
consultation with appropriate federal and state wildlife agencies.
14. For NWP 46, the discharge shall not cause the loss of
greater than 0.5 acres of waters of the United States or the loss
of more than 300 linear feet of ditch, unless this 300 foot linear
foot limit is waived in writing by the Sacramento District.
15. For NWPs 29, 39, 40, 42, and 43, upland vegetated buffers
shall be established and maintained in perpetuity, to the
maximum extent practicable, next to all preserved open waters,
streams and wetlands including created, restored, enhanced or
preserved waters of the U.S., consistent with General Condition
20. Except in unusual circumstances, vegetated buffers shall be
at least 50 feet in width.
16. All NWPs except 3, 6, 20, 27, 32, 38, and 47, are revoked
for activities in histosols and fens and in wetlands contiguous
with fens. Fens are defined as slope wetlands with a histic
epipedon that are hydrologically supported by groundwater.
Fens are normally saturated throughout the growing season,
although they may not be during drought conditions. For NWPs
3, 6, 20, 27, 32, and 38, prospective permittees shall submit a
PCN to the Sacramento District in accordance with General
Condition 27.
17. For all NWPs, when activities are proposed within 100 feet
of the point of groundwater discharge of a natural spring,
prospective permittees shall submit a PCN to the Sacramento
District in accordance with General Condition 27. A spring
source is defined as any location where ground water emanates
from a point in the ground. For purposes of this condition,
springs do not include seeps or other discharges which lack a
defined channel.
II. California Only
1. In the Lake Tahoe Basin, all NWPs are revoked. Activities
in this area shall be authorized under Regional General Permit
16 or through an individual permit.
2. In the Primary and Secondary Zones of the Legal Delta,
NWPs 29 and 39 are revoked. New development activities in
the Legal Delta will be reviewed through the Corps’ standard
permit process.
III. Nevada Only
1. In the Lake Tahoe Basin, all NWPs are revoked. Activities
in this area shall be authorized under Regional General Permit
16 or through an individual permit.
Nationwide 12 Permit Summary Page 9
IV. Utah Only
1. For all NWPs, except NWP 47, prospective permittees shall
submit a PCN in accordance with General Condition 27 for any
activity, in waters of the United States, below 4217 feet mean
sea level (msl) adjacent to the Great Salt Lake and below 4500
feet msl adjacent to Utah Lake.
2. A PCN is required for all bank stabilization activities in a
perennial stream that would affect more than 100 linear feet of
stream
3. For NWP 27, facilities for controlling stormwater runoff,
construction of water parks such as kayak courses, and use of
grout or concrete to construct in-stream structures are not
authorized. A PCN is required for all projects exceeding 1500
linear feet as measured on the stream thalweg, using in stream
structures exceeding 50 cubic yards per structure and/or
incorporating grade control structures exceeding 1 foot vertical
drop. For any stream restoration project, the post project stream
sinuosity shall be appropriate to the geomorphology of the
surrounding area and shall be equal to, or greater than, pre
project sinuosity. Sinuosity is defined as the ratio of stream
length to project reach length. Structures shall allow the passage
of aquatic organisms, recreational water craft or other
navigational activities unless specifically waived in writing by
the District Engineer.
V. Colorado Only
1. Final Regional Conditions Applicable to Specific
Nationwide Permits within Colorado.
a. Nationwide Permit Nos. 12 and 14, Utility Line
Activities and Linear Transportation Projects. In the
Colorado River Basin, utility line and road activities
crossing perennial water or special aquatic sites require
notification to the District Engineer in accordance with
General Condition 27 (Pre-Construction Notification).
b. Nationwide Permit No. 13 Bank Stabilization. In
Colorado, bank stabilization activities necessary for
erosion prevention in streams that average less than 20
feet in width (measured between the ordinary high water
marks) are limited to the placement of no more than 1/4
cubic yard of suitable fill* material per running foot
below the plane of the ordinary high water mark.
Activities greater than 1/4 cubic yard may be authorized if
the permittee notifies the District Engineer in accordance
with General Condition 27 (Pre-Construction
Notification) and the Corps determines the adverse
environmental effects are minimal. [* See (g) for
definition of Suitable Fill]
c. Nationwide Permit No. 27 Aquatic Habitat
Restoration, Establishment, and Enhancement Activities.
(1) For activities that include a fishery enhancement
component, the Corps will send the Pre-Construction
Notification to the Colorado Division of Wildlife
(CDOW) for review. In accordance with General
Condition 27 (Pre-Construction Notification),
CDOW will have 10 days from the receipt of Corps
notification to indicate that they will be commenting
on the proposed project. CDOW will then have an
additional 15 days after the initial 10-day period to
provide those comments. If CDOW raises concerns,
the applicant may either modify their plan, in
coordination with CDOW, or apply for a standard
individual permit.
(2) For activities involving the length of a stream,
the post-project stream sinuosity will not be
significantly reduced, unless it is demonstrated that
the reduction in sinuosity is consistent with the
natural morphological evolution of the stream
(sinuosity is the ratio of stream length to project
reach length).
(3) Structures will allow the upstream and
downstream passage of aquatic organisms, including
fish native to the reach, as well as recreational water
craft or other navigational activities, unless
specifically waived in writing by the District
Engineer. The use of grout and/or concrete in
building structures is not authorized by this
nationwide permit.
(4) The construction of water parks (i.e., kayak
courses) and flood control projects are not authorized
by this nationwide permit.
d. Nationwide Permits Nos. 29 and 39; Residential
Developments and Commercial and Institutional
Developments. A copy of the existing FEMA/locally-
approved floodplain map must be submitted with the Pre-
Construction Notification. When reviewing proposed
developments, the Corps will utilize the most accurate
and reliable FEMA/locally-approved pre-project
floodplain mapping, not post-project floodplain mapping
based on a CLOMR or LOMR. However, the Corps will
accept revisions to existing floodplain mapping if the
revisions resolve inaccuracies in the original floodplain
mapping and if the revisions accurately reflect pre-project
conditions.
2. Final Regional Conditions Applicable to All Nationwide
Permits within Colorado
e. Removal of Temporary Fills. General Condition 13
(Removal of Temporary Fills) is amended by adding the
following: When temporary fills are placed in wetlands in
Colorado, a horizontal marker (i.e. fabric, certified weed-
free straw, etc.) must be used to delineate the existing
ground elevation of wetlands that will be temporarily
filled during construction.
f. Spawning Areas. General Condition 3 (Spawning
Areas) is amended by adding the following: In Colorado,
all Designated Critical Resource Waters (see enclosure 1)
are considered important spawning areas. Therefore, In
accordance with General Condition 19 (Designated
Critical Resource Waters), the discharge of dredged or fill
material in not authorized by the following nationwide
permits in these waters: NWPs 7, 12, 14, 16, 17, 21, 29,
31, 35, 39, 40, 42, 43, 44, 49, and 50. In addition, in
accordance with General Condition 27 (Pre-Construction
Notification), notification to the District Engineer is
required for use of the following nationwide permits in
these waters: NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25,
27, 28, 30, 33, 34, 36, 37 and 38”.
Nationwide 12 Permit Summary Page 10
g. Suitable Fill. In Colorado, use of broken concrete as
fill material requires notification to the District Engineer
in accordance with General Condition 27 (Pre-
Construction Notification). Permittees must demonstrate
that soft engineering methods utilizing native or non-
manmade materials are not practicable (with respect to
cost, existing technology, and logistics), before broken
concrete is allowed as suitable fill. Use of broken
concrete with exposed rebar is prohibited in perennial
waters and special aquatic sites.
h. Invasive Aquatic Species. General Condition 11 is
amended by adding the following condition for work in
perennial or intermittent waters of the United States: If
heavy equipment is used for the subject project that was
previously working in another stream, river, lake, pond, or
wetland within 10 days of initiating work, one the
following procedures is necessary to prevent the spread of
New Zealand Mud Snails and other aquatic hitchhikers:
(1) Remove all mud and debris from equipment
(tracks, turrets, buckets, drags, teeth, etc.) and keep
the equipment dry for 10 days. OR
(2) Remove all mud and debris from Equipment
(tracks, turrets, buckets, drags, teeth, etc.) and
spray/soak equipment with either a 1:1 solution of
Formula 409 Household Cleaner and water, or a
solution of Sparquat 256 (5 ounces Sparquat per
gallon of water). Treated equipment must be kept
moist for at least 10 minutes. OR
(3) Remove all mud and debris from equipment
(tracks, turrets, buckets, drags, teeth, etc.) and
spray/soak equipment with water greater than 120
degrees F for at least 10 minutes.
3. Final Regional Conditions for Revocation/Special
Notification Specific to Certain Geographic Areas
i. Fens: All Nationwide permits, except permit Nos. 3,
6, 20, 27, 32, 38 and 47, are revoked in fens and wetlands
adjacent to fens. Use of nationwide permit Nos. 3, 20, 27
and 38, requires notification to the District Engineer, in
accordance with General Condition 27 (Pre-Construction
Notification), and the permittee may not begin the activity
until the Corps determines the adverse environmental
effects are minimal. The following defines a fen:
Fen soils (histosols) are normally saturated
throughout the growing season, although they may
not be during drought conditions. The primary
source of hydrology for fens is groundwater.
Histosols are defined in accordance with the U.S.
Department of Agriculture, Natural Resources
Conservation Service publications on Keys to Soil
Taxonomy and Field Indicators of Hydric Soils in the
United States
(http://soils.usda.gov/technical/classification/taxono
my).
j. Springs: Within the state of Colorado, all NWPs,
except permit 47 (original ‘C’), require preconstruction
notification pursuant to General Condition 27 for
discharges of dredged or fill material within 100 feet of
the point of groundwater discharge of natural springs. A
spring source is defined as any location where
groundwater emanates from a point in the ground. For
purposes of this regional condition, springs do not include
seeps or other discharges which do not have a defined
channel.
4. Additional Information
The following provides additional information regarding
minimization of impacts and compliance with existing
general Conditions:
a. Permittees are reminded of the existing General
Condition No. 6 which prohibits the use of unsuitable
material. Organic debris, building waste, asphalt, car
bodies, and trash are not suitable material. Also, General
Condition 12 requires appropriate erosion and sediment
controls (i.e. all fills must be permanently stabilized to
prevent erosion and siltation into waters and wetlands at
the earliest practicable date). Streambed material or other
small aggregate material placed along a bank as
stabilization will not meet General Condition 12. Also,
use of erosion control mates that contain plastic netting
may not meet General Condition 12 if deemed harmful to
wildlife.
b. Designated Critical Resource Waters in Colorado. In
Colorado, a list of designated Critical Resource Waters
has been published in accordance with General Condition
19 (Designated Critical Resource Waters). This list will
be published on the Albuquerque District Regulatory
home page (http://www.spa.usace.army.mil/reg/)
c. Federally-Listed Threatened and Endangered
Species. General condition 17 requires that nod-federal
permittees notify the District Engineer if any listed
species or designated critical habitat might be affected or
is in the vicinity of the project. Information on such
species, to include occurrence by county in Colorado,
may be found at the following U.S. Fish and Wildlife
Service website:
http://www.fws.gov/mountain%2Dprairie/endspp/name_c
ounty_search.htm
.C. Further Information
1. District Engineers have authority to determine if an activity
complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state,
or local permits, approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive
privileges.
4. NWPs do not authorize any injury to the property or rights
of others.
5. NWPs do not authorize interference with any existing or
proposed Federal project.
D. Definitions
Best management practices (BMPs): Policies, practices,
procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from
development. BMPs are categorized as structural or non-
structural.
Nationwide 12 Permit Summary Page 11
Compensatory mitigation: The restoration, establishment
(creation), enhancement, or preservation of aquatic resources for
the purpose of compensating for unavoidable adverse impacts
which remain after all appropriate and practicable avoidance and
minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance,
but not so degraded as to essentially require reconstruction.
Discharge: The term “discharge” means any discharge of
dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or
biological characteristics of an aquatic resource to heighten,
intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource
function(s), but may also lead to a decline in other aquatic
resource function(s). Enhancement does not result in a gain in
aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water
only during, and for a short duration after, precipitation events in
a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for
the stream. Runoff from rainfall is the primary source of water
for stream flow.
Establishment (creation): The manipulation of the physical,
chemical, or biological characteristics present to develop an
aquatic resource that did not previously exist at an upland site.
Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site
(including archaeological site), building, structure, or other
object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the
Interior. This term includes artifacts, records, and remains that
are related to and located within such properties. The term
includes properties of traditional religious and cultural
importance to an Indian tribe or Native Hawaiian organization
and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a
single and complete project in the Corps regulatory program. A
project is considered to have independent utility if it would be
constructed absent the construction of other projects in the
project area. Portions of a multi-phase project that depend upon
other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other
phases were not built can be considered as separate single and
complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water
during certain times of the year, when groundwater provides
water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a
supplemental source of water for stream flow.
Loss of waters of the United States: Waters of the United
States that are permanently adversely affected by filling,
flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent
discharges of dredged or fill material that change an aquatic area
to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The acreage of loss of waters of
the United States is a threshold measurement of the impact to
jurisdictional waters for determining whether a project may
qualify for an NWP; it is not a net threshold that is calculated
after considering compensatory mitigation that may be used to
offset losses of aquatic functions and services. The loss of
stream bed includes the linear feet of stream bed that is filled or
excavated. Waters of the United States temporarily filled,
flooded, excavated, or drained, but restored to pre-construction
contours and elevations after construction, are not included in
the measurement of loss of waters of the United States. Impacts
resulting from activities eligible for exemptions under Section
404(f) of the Clean Water Act are not considered when
calculating the loss of waters of the United States.
Non-tidal wetland: A non-tidal wetland is a wetland that is not
subject to the ebb and flow of tidal waters. The definition of a
wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands
contiguous to tidal waters are located landward of the high tide
line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any
area that in a year with normal patterns of precipitation has water
flowing or standing above ground to the extent that an ordinary
high water mark can be determined. Aquatic vegetation within
the area of standing or flowing water is either non-emergent,
sparse, or absent. Vegetated shallows are considered to be open
waters. Examples of “open waters” include rivers, streams,
lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a
line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate
means that consider the characteristics of the surrounding areas
(see 33 CFR 328.3(e)).
Perennial stream: A perennial stream has flowing water year-
round during a typical year. The water table is located above the
stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a
supplemental source of water for stream flow.
Practicable: Available and capable of being done after taking
into consideration cost, existing technology, and logistics in light
of overall project purposes.
Pre-construction notification: A request submitted by the
project proponent to the Corps for confirmation that a particular
activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes
information about the proposed work and its anticipated
environmental effects. Pre-construction notification may be
required by the terms and conditions of a nationwide permit, or
by regional conditions. A pre-construction notification may be
voluntarily submitted in cases where pre-construction
notification is not required and the project proponent wants
confirmation that the activity is authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the
decline of, aquatic resources by an action in or near those
aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic
resources through the implementation of appropriate legal and
physical mechanisms. Preservation does not result in a gain of
aquatic resource area or functions.
Re-establishment: The manipulation of the physical, chemical,
or biological characteristics of a site with the goal of returning
Nationwide 12 Permit Summary Page 12
natural/historic functions to a former aquatic resource. Re-
establishment results in rebuilding a former aquatic resource and
results in a gain in aquatic resource area.
Rehabilitation: The manipulation of the physical, chemical, or
biological characteristics of a site with the goal of repairing
natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but
does not result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or
biological characteristics of a site with the goal of returning
natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic
resource area, restoration is divided into two categories: re-
establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special
aquatic sites under the 404(b)(1) Guidelines. Riffle and pool
complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their
hydraulic characteristics. The rapid movement of water over a
course substrate in riffles results in a rough flow, a turbulent
surface, and high dissolved oxygen levels in the water. Pools are
deeper areas associated with riffles. A slower stream velocity, a
streaming flow, a smooth surface, and a finer substrate
characterize pools.
Riparian areas: Riparian areas are lands adjacent to streams,
lakes, and estuarine-marine shorelines. Riparian areas are
transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects waterbodies
with their adjacent uplands. Riparian areas provide a variety of
ecological functions and services and help improve or maintain
local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or
suitable substrate to increase shellfish production. Shellfish seed
consists of immature individual shellfish or individual shellfish
attached to shells or shell fragments (i.e., spat on shell). Suitable
substrate may consist of shellfish shells, shell fragments, or other
appropriate materials placed into waters for shellfish habitat.
Single and complete project: The term “single and complete
project” is defined at 33 CFR 330.2(i) as the total project
proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single
and complete project must have independent utility (see
definition). For linear projects, a “single and complete project” is
all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a
single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project.
However, individual channels in a braided stream or river, or
individual arms of a large, irregularly shaped wetland or lake,
etc., are not separate waterbodies, and crossings of such features
cannot be considered separately.
Stormwater management: Stormwater management is the
mechanism for controlling stormwater runoff for the purposes of
reducing downstream erosion, water quality degradation, and
flooding and mitigating the adverse effects of changes in land
use on the aquatic environment.
Stormwater management facilities: Stormwater management
facilities are those facilities, including but not limited to,
stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control
runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and
other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the
ordinary high water marks. The substrate may be bedrock or
inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the
ordinary high water marks, are not considered part of the stream
bed.
Stream channelization: The manipulation of a stream’s course,
condition, capacity, or location that causes more than minimal
interruption of normal stream processes. A channelized stream
remains a water of the United States.
Structure: An object that is arranged in a definite pattern of
organization. Examples of structures include, without limitation,
any pier, boat dock, boat ramp, wharf, dolphin, weir, boom,
breakwater, bulkhead, revetment, riprap, jetty, artificial island,
artificial reef, permanent mooring structure, power transmission
line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the
United States) that is inundated by tidal waters. The definitions
of a wetland and tidal waters can be found at 33 CFR 328.3(b)
and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a
predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where
the rise and fall of the water surface can no longer be practically
measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR
328.3(d).
Vegetated shallows: Vegetated shallows are special aquatic
sites under the 404(b)(1) Guidelines. They are areas that are
permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and
estuarine systems and a variety of vascular rooted plants in
freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a
jurisdictional water of the United States that, during a year with
normal patterns of precipitation, has water flowing or standing
above ground to the extent that an ordinary high water mark
(OHWM) or other indicators of jurisdiction can be determined,
as well as any wetland area (see 33 CFR 328.3(b)). If a
jurisdictional wetland is adjacent--meaning bordering,
contiguous, or neighboring--to a jurisdictional waterbody
displaying an OHWM or other indicators of jurisdiction, that
waterbody and its adjacent wetlands are considered together as a
single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of
“waterbodies” include streams, rivers, lakes, ponds, and
wetlands.
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO CA 95814-2922
REPLY TO
ATTENTION OF
April 7, 2009
Regulatory Division (SPK-2009-435)
Mr. Leonard W. Mallett
Enterprise Products Operating, LLC
Post Office Box 4324
Houston, Texas 77210-4324
Dear Mr. Mallett:
We are responding to your request for a Department of the Army permit for the Oxy 16-inch
natural gas pipeline installation project. This project involves activities in waters of the United
States to install 4.18 miles of pipeline parallel and adjacent to existing pipeline corridors. The
project will cross 21 ephemeral drainages, Conn Creek, and a seep wetland area approximately six
miles north of DeBeque within Sections 17, 19, 20, 30, and 31, Township 7 North, Range 97
West, approximate center Latitude 39° 25’ 49.87”, Longitude -108° 15’ 11.17”, Garfield County,
Colorado.
Based on the information you provided, the proposed activity temporarily impacting waters of
the U.S. is authorized by Nationwide Permit Number 12. Your work must comply with the general
terms and conditions listed on the enclosed Nationwide Permit information sheets and the following
special conditions:
1) This Department of the Army permit (Nationwide General Permit #12) is verified
contingent upon approval by the Bureau of Land Management (BLM). As lead
agency, the BLM decision will ensure that the project complies with the
Endangered Species Act and the National Historic Preservation Act which is
required prior to performing work under your Department of the Army permit.
2) You shall install and maintain appropriate best management practices (BMPs) to
minimize indirect impacts to waters of the U.S. Additional BMPs to be
implemented at the Conn Creek crossing (as discussed in the field on April 2, 2009)
include:
a. Use of a geosynthetic liner for spoil pile(s) to prevent the introduction of
new materials into the creek;
b. Use of a flume crossing (instead of a pump and coffer method);
c. The Conn Creek stream channel cross-section and profile shall be surveyed
before and after pipeline installation;
d. Geotextile shall be used on the constructed banks for erosion control;
e. The open cut crossing of Conn Creek will occur in a narrowed ROW of 50
feet. Conn Creek and associated riparian wetlands shall be documented
pre- and post-construction with photographs from at least 4 set reference
-2-
points. Revegetation efforts shall include the salvage and replanting of
existing woody shrubs (via root balls) within the impacted ROW at Conn
Creek. This effort shall be supplemented with seed producing narrow leaf
cottonwood plantings (on each side of Conn Creek at a minimum 2”-4”
caliper) with at least 6 successful cottonwood trees identified within one
year of planting. Should additional nearby willows be transplanted to
supplement the revegetated ROW, these plants should be harvested in a
random manner so as to prevent a concentrated disruption of the
established willow community. This crossing site shall be monitored to
ensure channel and associated riparian wetland recovery.
f. The open cut crossing of the seep wetlands (identified by West Water
Engineering as wetland polygons A and C) located between waterbody
crossing numbers D12b and D13 shall occur in the existing 80 feet disturbed
ROW. No new disturbance to these seep wetlands shall occur and the
revegetated ROW at this location shall be monitored to ensure wetland
species recovery.
g. A professional wetland biologist shall be present on site when working
within wetland areas (Conn Creek and the seep wetlands) to advise you on
the location of BMPs, staging areas, and stockpiles, along with supervising
the restoration work.
3) You must sign the enclosed Compliance Certification and return it to this office,
along with post construction photographs, within 30 days after completion of the
authorized work.
4) To insure impacts are temporary in nature, you shall restore all disturbed areas to
their original conditions. You shall inspect the Conn Creek and southern seep
wetland restoration crossing sites one full year following restoration to insure that
both the seep wetland and Conn Creek and associated riparian wetland have been
properly restored. A copy of the inspection report with photographs shall be sent
to the Corps Grand Junction Office via e-mail to Susan.Nall@usace.army.mil no
later than September 1, 2010. Contingencies shall be proposed for Corps approval
of any problems encountered at these two crossing sites or any of the other
ephemeral drainage crossings for this project.
This verification is valid for two years from the date of this letter or until the Nationwide
Permit is modified, reissued, or revoked, whichever comes first. Failure to comply with the General
Conditions of this Nationwide Permit, or the project-specific Special Conditions of this
authorization, may result in the suspension or revocation of your authorization.
Please refer to identification number SPK-2009-435 in any correspondence concerning this
project. If you have any questions, please contact me at the address below, email
Susan.Nall@usace.army.mil, or telephone 970-243-1199, extension 16. We appreciate your
feedback. At your earliest convenience, please tell us how we are doing by completing the
customer survey on our website under Customer Service Survey. For more information
regarding our program, please visit our website at www.spk.usace.army.mil/regulatory.html.
Sincerely,
-3-
Susan Bachini Nall
Energy Liaison
U.S. Army Corps of Engineers
Colorado West Regulatory Office
400 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
Enclosures
Copy furnished without enclosures:
Mr. David Lehmann, Bureau of Land Management, 2815 H Road, Grand Junction, Colorado
81506
Ms. Judith Jordan, Energy Liaison, Garfield County, 0375 County Road 352, Bldg 2060, Rifle,
Colorado 81650
COMPLIANCE CERTIFICATION
Permit File Number: SPK-2009-435
Nationwide Permit Number: NWP 12
Permittee: Mr. Leonard W. Mallett
Enterprise Products Operating, LLC
Post Office Box 4324
Houston, Texas 77210-4324
County: Garfield
Date of Verification: April 7, 2009
Within 30 days after completion of the activity authorized by this permit, sign this certification
and return it to the following address:
U.S. Army Corps of Engineers
Sacramento District
Colorado West Regulatory Office
400 Rood Avenue, Room 142
Grand Junction, CO 81501-2563
Please note that your permitted activity is subject to a compliance inspection by a U.S. Army
Corps of Engineers representative. If you fail to comply with the terms and conditions of the
permit your authorization may be suspended, modified, or revoked. If you have any questions
about this certification, please contact the Corps of Engineers @ 970-243-1199, extension 16.
* * * * * * * * *
I hereby certify that the work authorized by the above-referenced permit, including all the
required mitigation, was completed in accordance with the terms and conditions of the permit
verification.
Signature of Permittee Date
Date:
Order Number:
Buyer:
Seller:
Property Address:
February 13, 2009
18874-C2 ...
Chevron USA
"
Please direct all Closing inquiries to:
SEARCH
SELLER:
Chevron USA
Shane McCoy
Western Field Services
Stewart Title of Colorado, Inc.
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434
Fax: 970-945-1135
Please direct all Title inquiries to:
Susan Sarver
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434 Fax: 970-945-7081
Email Address: susan.sarver@stewart.com
SELLING BROKER:
We Appreciate Your Busilless A11d Look Forward to Servi11g You i11 the Future.
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
c§!2~~~~
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
FOR INFORMATIONAL PURPOSES
ONLY
Stewart Title of Colorado, Inc.
Glenwood Springs Division
1620 Grand A venue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434
Fax: 970-945-1135
Order Number: I 8874-C2
~
President
ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 23, 2009, at 7:30 A.M. ~ Order Number: 18874-C2 ~
2. Policy or Policies To Be Issued:
(a) A.LT.A. Owner's (Standard)
Proposed Insured:
(b) A.LT.A. Loan
Amount of Insurance
$TBD
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
Chevron USA, Inc.
5. The land referred to in this Commitment is described as follows:
Tract 52
(formerly described as SW1/4SE1/4 of Section 19 and the Wl/2NE1/4 of Section 30) all in
Township 7 South Range 97 West of the 61h Principal Meridian.
County of Garfield
State of Colorado
Order Number: 18874~C2
ALTA Commitment (6/17/06)-Schedule A
Page I ofl
Statement of Charges:
These charges are due and payable before a Policy can
be issued:
Hourly Search Fee
·-------------------------
Order Number: 18874-C2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 1
REQUIREMENTS
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing.
4. Payment of all taxes and assessments currently due and payable, if any.
Order Number: l 8874-C2
ALTA Commitment (6117/06)-Schedule B 1
Page I ofl
Order Number: 18874-C2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and 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
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.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
10. Right or 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 February 16, 1918 in Book 112 at Page 488 as Reception No. 60716.
11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded February 16, 1918 in Book 112 at Page 488 as Reception No.
60716.
12. Index Map of the Pacific Oil Co Pipe Line and Pumping Plat No. 1, recorded February 23, 1954 as
Reception No. 185106.
Order Number: l 8874-C2
ALTA Commitment (6/17/06)-Schedule B 2
Page 1 of2
13. Rights and Reservations in Warranty Deed recorded April 4, 1958 in Book 307 at Page 479 as
Reception No. 201128, and any and all assignments ofrecord, or otherwise, thereof, or interests
therein.
14. Short Form Option Agreement recorded March 27, 1972 in Book 428 at Page 455 as Reception
No. 253050.
15. Record of Survey, Roan Creek Basin recorded March 2, 1973 as Reception No. 257248.
16. Matters disclosed in Warranty Deed recorded March 20, 1973 in Book 442 at Page 38 as
Reception No. 257435.
17. Decree recorded April 11, 1973 in Book 443 at Page 23 as Reception No. 257755.
18. Pipeline Easement Agreement recorded July 30, 1980 in Book 552 at Page 912 as Reception No.
306098.
19. Oil and Gas Lease recorded March 22, 1989 in Book 750 at Page 959 as Reception No. 399962,
and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and
Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests
therein.
20. Right-of-Way Grant recorded June 18, 1998 in Book 1073 at Page 360 as Reception No. 527093.
21. Right of Way and Easement recorded August 20, 1998 in Book 1084 at Page 671 as reception No.
530889.
Order Number: 18874-C2
ALTA Commitment (6/17/06)-Schedule B 2
Page 2 of2
DISCLOSURES
Order Number: 18874-C2
Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. The subject real property may be located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division oflnsurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is
responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
pennission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Number: I 8874-C2
Disclosures
-----~-~-----------.
Stewart Title Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company .
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
Stewart Title of Colorado, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title of Colorado, Inc.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
--------------------------
Stewart Title of Colorado, Inc.
DISCLOSURE
The title company, Stewart Title of Colorado, Inc. -Glenwood Springs Division in its
capacity as escrow agent, has been authorized to receive funds and disburse them when
all funds received are either: (a) available for immediate withdrawal as a matter of right
from the financial institution in which the funds are deposited, or (b) are available for
immediate withdrawal as a consequence of an agreement of a financial institution in
which the funds are to be deposited or a financial institution upon which the funds are to
be drawn.
The title company is disclosing to you that the financial institution may provide the title
company with computer accounting or auditing services, or other bank services, either
directly or through a separate entity which may or may not be affiliated with the title
company. This separate entity may charge the financial institution reasonable and proper
compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of
advantageous interest rates on loans, sometimes referred to as preferred rate loan
programs, relating to loans the title company has with the financial institution. The title
company shall not be liable for any interest or other charges on the earnest money and
shall be under no duty to invest or reinvest funds held by it at any time. In the event that
the parties to this transaction have agreed to have interest on earnest money deposit
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, then the earnest money shall remain in an account designated for such
purpose, and the interest money shall be delivered to the title company at closing.
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or ( c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
http://www.alta.org.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
.
Date:
Order Number:
Buyer:
Seller:
Property:
February 13, 2009
18740-C2 ....
Savage Limited Partnership I
Parcel No. 241108200011 &
Please direct all Closing inquiries to:
Title Only
SELLER:
Savage Limited Partnership I
C/O WESTERN FIELD SERVICES
SHANE MCCOY
Stewart Title of Colorado, Inc.
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434
Fax: 970-945-1135
Please direct all Title inquiries to:
Susan Sarver
1620 Grand A venue
Glenwood Springs, Colorado 8160 I
Phone: 970-945-5434 Fax: 970-945-7081
Email Address: susan.sarver@stewart.com
SELLING BROKER:
We Appreciate Your Busi11ess A11d Look Forward to Servi11g You i11 the Future.
----------------------------
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: January 23, 2009, at 7:30 A.M .... Order Number: 18740-C2 ...
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's (Standard)
Proposed Insured:
(b) A.L.T.A. Loan
Amount of Insurance
$50,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
Savage Limited Partnership 1, as to an undivided 86.975%
Sue Stuart Mortimore ErpfVande Bovenkamp, as to undivided 3.025%
Daniel W. Stroock, as to undivided 10%
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Statement of Charges:
These charges are due and payable before a Policy can
be issued:
Order Number: \ 8740~C2
ALTA Commitment (6/17/06)-Schedule A
Page 1 of2
No Reissue Rate
SEARCH at $SOK Rate $450.00
PAID
SCHEDULE A
LEGAL DESCRIPTION
PARCEL 1:
Tract 38, situated in Section 5, Township 7 South, Range 97 West of the 61h Principal Meridian
PARCEL2:
Tract 40, situated in Section 8, Township 7 South, Range 97 West of the 6'h Principal Meridian
PARCEL3:
Tract 48, situated in Section 17, Township 7 South, Range 97 West of the 61h Principal Meridian
PARCEL4:
Tract 49, situated in Sections 17, 18, 19 and 20, Township 7 South, Range 97 West of the 61h
Principal Meridian
All in the County of Garfield
State of Colorado
Order Number: l 8740~C2
ALTA Commitment (6/17/06)-Schedule A
Page 2 of2
Order Number: 18740-C2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section I
REQUIREMENTS
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing.
4. Payment of all taxes and assessments currently due and payable, if any.
Order Number: \ 8740-C2
ALTA Commitment (6/17/06)-Schedule B 1
Page 1 of I
Order Number: 18740-C2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B -Section 2
EXCEPTIONS
The policy or policies to be issned will contain exceptions to the following unless the same are
disposed ofto the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and 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
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.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
10. Right or 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 September 16, 1905 in Book 56 at Page 528 as Reception No. 31058. (Tr. 40)
11. Right or 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 April 13, 1914 in Book 92 at Page 270 as Reception No. 49318. (Tr. 38)
12. Right or 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
Order Number: I 8740~C2
ALTA Commitment (6/17/06)-Schedule B 2
Page 1 of3
recorded May 13, 1957 in Book 300 at Page 445 as Reception No. 197724. (Tr. 48 & 49)
13. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded September 16, 1905 in Book 56 at Page 528 as Reception No.
31058. (Tr. 40)
14. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded April 13, 1914 in Book 92 at Page 270 as Reception No. 49318.
(Tr. 38)
15. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded May 13, 1957 in Book 300 at Page 445 as Reception No. 197724.
(Tr. 48 & 49)
16. Matters disclosed in Quit Claim Deed recorded October 11, 1904 in Book 62 at Page 59 as
reception No. 29931.
17. Matters disclosed in Warranty Deed recorded January 28, 1905 in Book 64 at Page 90 as
Reception No. 30359. (Tr. 40)
18. Rights and reservations disclosed in Trustee's Deed recorded June I, 1948 in Book 236 at Page 83
as Reception No.164908, and any, and all assignments of record, or otherwise, thereof, or interests
therein.
19. Rights and reservations disclosed in Warranty Deed recorded August 15, 1949 in Book 244 at
Page 327 as Reception No.169498, and any, and all assignments ofrecord, or otherwise, thereof,
or interests therein.
20. Rights and reservations disclosed in Warranty Deed recorded August 26, 1952 in Book 265 at
Page 386 as Reception No.180255, and any, and all assignments ofrecord, or otherwise, thereof,
or interests therein.
21. Rights and reservations disclosed in Warranty Deed recorded April 4, 1958 in Book 307 at Page
479 as Reception No.201128, and any, and all assignments of record, or otherwise, thereof, or
interests therein.
22. Easement and Right of Way recorded August 29, 1980 in Book 554 at Page 829 as Reception No.
306983.
23. Right of Way and Easement recorded August 20, 1998 in Book 1084 at Page 671 as Reception No.
530889.
24. Oil and Gas Lease recorded October 30, 2003 in Book 1533 at Page 500 as Reception No. 639670,
and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and
Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests
Order Number: l 8740-C2
ALTA Commitment (6/17/06)-Schedule B 2
Page 2 of 3
--------------------~-
therein.
25. Oil and Gas Lease recorded November 26, 2003 in Book 1542 at Page 119 as Reception No.
6417 40, and any and all assignments of record, or otherwise, thereof, or interests therein, and other
Oil and Gas Leases ofrecord, and any and all assignments of record, or otherwise, thereof, or
interests therein.
26. Pipeline Right of Way Agreement recorded May 11, 2004 in Book 1586 at Page 805 as Reception
No. 651929; Assignment recorded November 8, 2004 in Book 1637 at Page 811 as Reception No.
663103.
27. Memorandum of Surface Use Agreement recorded May 17, 2007 in Book 1927 at Page 411 as
Reception No. 723469.
28. Oil and Gas Lease recorded October 6, 2008 as Reception No. 756852, and any and all
assignments ofrecord, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of
record, and any and all assignments ofrecord, or otherwise, thereof, or interests therein . .,.
29. Oil and Gas Lease recorded October 6, 2008 as Reception No. 756853, and any and all
assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of
record, and any and all assignments ofrecord, or otherwise, thereof, or interests therein . .,.
30. Right-of-Way and Easement recorded October 16, 2008 as Reception No. 757325 . .,.
31. Memorandum of Services Agreement recorded November 26, 2008 as Reception No. 759318 . .,.
32. Oil and Gas Lease recorded December 19, 2008 as Reception No. 760343 and any and all
assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of
record, and any and all assignments ofrecord, or otherwise, thereof, or interests therein . .,.
Order Number: I 8740-C2
ALTA Commitment (6/17/06)-Schedule 8 2
Page 3 of3
AL TA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
c§!2~f!~~
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
FOR INFORMATIONAL PURPOSES
ONLY
Stewart Title of Colorado, Inc.
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 8160 I
Phone: 970-945-5434
Fax: 970-945-1135
Order Number: I 8740-C2
~#,,
President
ALTA Commitment (6/17/06)
DISCLOSURES
Order Number: I 8740-C2
Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. The subject real property may be located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division oflnsurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewait Title of Colorado, Inc. conducts the closing of the insured transaction and is
responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
pennission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMP ANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Number: J 8740~C2
Disclosures
Stewart Title Guaranty Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
Stewart Title of Colorado, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Stewart Title of Colorado, Inc.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
Stewart Title of Colorado, Inc.
DISCLOSURE
The title company, Stewart Title of Colorado, Inc. -in its capacity as escrow agent, has
been authorized to receive funds and disburse them when all funds received are either: (a)
available for immediate withdrawal as a matter of right from the financial institution in
which the funds are deposited, or (b) are available for immediate withdrawal as a
consequence of an agreement of a financial institution in which the funds are to be
deposited or a financial institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title
company with computer accounting or auditing services, or other bank services, either
directly or through a separate entity which may or may not be affiliated with the title
company. This separate entity may charge the financial institution reasonable and proper
compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of
advantageous interest rates on loans, sometimes referred to as preferred rate loan
programs, relating to loans the title company has with the financial institution. The title
company shall not be liable for any interest or other charges on the earnest money and
shall be under no duty to invest or reinvest funds held by it at any time. In the event that
the parties to this transaction have agreed to have interest on earnest money deposit
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, then the earnest money shall remain in an account designated for such
purpose, and the interest money shall be delivered to the title company at closing.
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
http://www.alta.org.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
~~0~~~~~~s~~~U.il,~W1"~ l\olitliio"-~'~ 11111
10/06/2008 02:45:29 PM Jean Alberico
1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO
PRODUCERS 88-PAID UP
Rev. No. I (CBG)
OIL AND GAS LEASE
This Oil and Gas Lease ("Lease") is made this 4th day of September, 2008, by and between Daniel W. Stroock, whose address is 55
Frost Street, Cambridge, MA ("Lessor") and Orion Energy Partners L.P., whose address is 1675 Broadway, Suite 2000, Denver, CO
80202 ("Lessee").
WITNESSETH, For and in consideration of TEN DOLLARS, the covenants and agreements contained herein, and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, Lessor does hereby grant, demise, lease and let
exclusively unto said Lessee, with the exclusive rights for the purposes of, exploring by geophysical and other methods and operating
for and producing therefrom oil and all gas of whatsoever nature or kind (including coalbed gas), and laying pipelines, , building
tanks, , power stations, roadways and structures thereon to produce, save and take care of said products, and the exclusive surface or
subsurface rights and privileges related in any manner to any and all such operations, all that certain tract or tracts of land situated in
Garfield County, State of Colorado described as follows, to wit:
Township 7 South. Range 97 West 6" P.M.
Resur'ley Tmet 39: 'FJie east 29.3~ aeres (feJmeri, deser-i}3ied es tfte east 2Q &efes ef the ;pfB/4~~1//4 ef SeelieB 8)
Resurvey Tract 48
Resurvey Tract 49
Containing 340.36 acres, more or less (the "Premises").
!. It is agreed that this Lease shall remain in full force for a term of five (5) years from this date ("Primary Term") and as long
thereafter as oil or gas of whatsoever nature or kind is produced in paying quantities from the Premises or on acreage pooled or
unitized therewith, or operations are continued as hereinafter provided. If, at the expiration of the Primary Tenn, oil Or gas is not
being produced from the Premises or on acreage pooled or unitized therewith but Lessee is then engaged in drilling or reworking
operations thereon, then this Lease shall continue in force so long as such operations arc being continuously prosecuted.
Operations shall be considered to be continuously prosecuted if not more than one hundred eighty (180) days shall elapse between
the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If, after
discovery of oil or gas on the Premises or on acreage pooled or unitized therewith, the production thereof should cease from any
cause after the primary term, this Lease shall not terminate if Lessee commences additional drilling or reworking operations
within one hundred eighty (180) days from date of cessation of production or from date of completion of a dry hole. If oil or gas
shall be discovered and produced as a result of such operations at or after the expiration of the Primary Term, this Lease shall
continue in force so long as oil or gas is produced in paying quantities from the Premises or on acreage pooled or unitized
therewith. If this lease has not sooner terminated, then effective as of one (1) year after expiration of the primary term, this lease
shall terminate as to all leased lands except those lands that are included in a 40.00 acre tract, more or less, on which is Jepted a
well producing or capable of producing oil and or gas in paying quantities. For purposes of this Lease, Resurvey Tract 39 shall be
considered to be a 40 acre tract, Resurvey Tract 48 shall be considered to contain four 40.00 acre tracts and Resurvey Tract 49
shal1 be considered to contain four 40.00 acre tracts. This lease shaJI not tenninate so long as dril1ing or reworking operations are
being continuously prosecuted if not more than 180 days shall elapse between the completion ofabandonment ofone well and the
beginning of operations for the drilling of another well.
2. This is a PAID-UP LEASE. In consideration of the payment made herewith, as specified by separate agreemen~ Lessor agrees
that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the
primary term. Lessee may at any time or times during or after the Primary Term surrender this Lease as to all or any portion of
the Premises and as to any strata or stratum, by delivering to Lessor or by filing for record a release or releases, and be relieved of
all obligations thereafter accruing as to the acreage surrendered.
3. Lessee covenants and agrees to pay royalty to Lessor as follows:
(a)On oil, to deliver to the credit of Lessor, free of cost on the lease if sold on the Premises or free of cost into the pipeline to
which Lessee may connect wells at first point of sale, the equal twenty five per-cent (25%) part of the gross proceeds of all
oil produced from the Premises.
Please return to:
Orion Energy Partners LP.
1675 Broadway, Suite 2000
Denver, Colorado 80202
PRODUCERS SS.PAID UP
Rev.No.! (CBG)
~~lc~fE.~~f~i£'11r,Hl.l«W.~ILIW I~~·~ 11111
10/06/2006 02:45:29 PM Jea~ Alberico
2 of 3 Rec Fe8:$16.00 Ooo Fee:0.00 GARFIELD COUNTY CO
(b)On gas of whatsoever nature or kind, liquid hydrocarbons an<1 tneir respecuvc \;Onstituent elements, casinghead gas or
other gaseous substances, produced from the Premises ("Gas") Lessee shall pay, as royalty, twenty-five per-cent (25%) of
the gross proceeds realized by Lessee from first point of sale. "Sale" shall be defined, for the purposes of this Lease, as a
sale at a marketplace to an entity not affiliated with the Lessee in a transaction in which an obligations and requirements of
both parties to the sale are monetized in the price.
(c)On products produced from the Premises Lessee shall pay, as royalty, twenty-five percent (25%) of the gross proceeds
realized by Lessee from first point of sale.
(d)Lessee shall have the right to withhold Lessor's actual taxes. Lessor's tax shall be calculated by multiplying Lessor's
royalty percentage by the actual tax paid by Lessee. Lessee shall reconcile deductions made from remittances to Lessor with
the actual tax paid. Any difference between deductions and actual taxes paid by Lessee shal1 be refunded to Lessor.
(e) Lessor may take production in kind, at Lessor's e1ection, such election shaU be made by infonning Lessee in writing
thirty (30) days prior to a change in election, and such change shall be made for a minimum period of six (6) months. If
Lessor elects to take-in-kind Lessee shall deliver Lessor's share of production free of all cost compressed into the
Enterprise pipeline, or a transmission pipeline of equal utility and location. Lessor's share of production shall be
delivered into the Enterprise pipeline in the same condition and state as Lessee's share of production.
4. Where gas from a well capable of producing gas is not produced or used after the expiration of the Primary Tenn, Lessee shall
pay or tender as royalty to Lessor at the address set forth above One Do1lar (S 100.00) per year per net mineral acre, such payment
or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of ninety (90) days from the
date. such well is shut in or dewatering operations are commenced and thereafter on or before the anniversary date of this Lease
during the period such well is shut in. Shut in shall be limited to two (2) years. If well (s) are shut in for more than two (2) years
any drilling units not held by production in paying quantities sha11 be released.
5. If Lessor owns a lesser interest in the Premises than the entire and undivided fee simple estate therein. then the ro}'alties,
including any shut·in Gas royalty, herein provided for shall be paid Lessor only in the proportion which Lessor's interest bears to
the whole and undivided fee.
6. Lessee shall have the right to use, free of cost, gas, oil and water produced on the Premises for Lessee's operations thereon,
except water from the wells, streams, Jakes and ponds of Lessor. However, Lessee shall not make volumetric or cost deductions
from Lessor's royalty share for compression into the Enterprise pipeline system.
7. Refer to Surface Use Agreement
8. The rights of the Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest (by
assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of
all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor,
and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding
on Lessee. No present or future division of Lessor's ownership as to different ponions or parcels of the Premises shall operate to
enlarge the obligations or diminish the rights of Lessee, and all Lessees' operations may be conducted without regard to any such
division. lf all or any part of this Lease is assigned, no leasehold owner shall be liable for any act or omission of any other
leasehold owner. However, all provisions and requirements in this Lease shall become the obligation of the assignee. Lessee
shall give Lessor constructive notice of any assignment within 90 days.
9. Lessee, at its option, is hereby given the right and power to pool, unitize or combine the acreage covered by this lease or any
portion thereof with other land, lease or leases in the immediate vicinity thereof, when in lessee's judgment it is necessary or
advisable to do so in order to properly develop and operate said lease premises so as to promote the conservation of oil, gas or
other minerals in and under and that may be produced from said premises, artd a unit or units shall not exceed 80 acres each in the
event of an oil well, or 640 acres each in the event of a gas well, plus a tolerance often percent (10%) to confonn to government
surveyed sections. Lessee shall execute in writing and record in the records of the county in which the land herein leased is
situated an instrument identifying and describing the pooled acreage. The entire acreage so pooled into a tract or unit shall be
treated, for all purposes, except the payment of royalties on production, from the pooled unit, as if it were included in this lease.
If production is found on the pooled acreage, it shall be treated as if production is had from this lease, whether the welt or wells be
located on the premises covered by this lease or not. In lieu of the royalties elsewhere specified, lessor shall receive on
production from a unit so pooled only such portion of the royalty stipulated herein as the amount of his net royalty interest therein
on an acreage basis bears to the total mineral acreage so pooled in the particu1ar unit involved.
1111 WI. ~riMHH ,N! ,N!,l«l*lt,!'411 ,Ill! I~~,~ 11111
Reception~: 756852 PRODUCERS SS.PAID UP
Rev. No. I (CBG) 10/06/2006 02:45:29 PM Jean Alberioo
3 of 3 Rec Fee:S16.00 Doc Fee:0.00 GARFIELD COUNTY CO
10. AU express or implied covenants of this Lease shall be subject to all Federal and State Laws, Executive Orders, Rules or
Regulations, and this Lease shall not be tenninated, in whole or in part, nor Lessee held liable in damages, for failure to comply
therewith if compliance is prevented by, or if such failure is the result of, any such Law, Order, Rule or Regulation. Any delay or
interruption caused by stonn, flood, act of God or other event of force majeure shall not be counted against Lessee. If, due to the
above causes or any cause whatsoever beyond the control of Lessee, Lessee is prevented from conducting operations hereunder,
such time shall not be counted against Lessee, and this Lease shall be extended for a period of time equaJ to the time Lessee was
so prevented, anything in this Lease to the contrary notwithstanding.
11. Lessor agrees that the Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other
liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder
thereof. and the undersigned Lessors, for themselves and their heirs, successors and assigns. hereby surrender and release all right
of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the
purposes for which this lease is made, as recited herein.
12. The word "Lessor", as used in this Lease, shall mean any one or more or all of the parties who execute this Lease as Lessor. All
the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee.
13. This Agreement may be executed in counterparts, and each counterpart shall be deemed to be an original, but all of which shall be
deemed to be one agreement. This Agreement may be exeCuted by fax signatures and distributed to the other Parties. Orion will
disburse original signature pages to all parties at its earliest convenience.
14. Audit Rights: Lessee agrees that upon ten (10) business days written notice giving detail of the period and items to be audited,
Less~eP, or its.fief. agent(s), shall transmit to Lessmee's offices or other reasonable location stated in the notice all necessary
documents and records, to be specified by Lessor in said notice, to audit all payments due Lessor under this Lease. Lessor agrees that
all such information provided by Lessee is confidential in nature and will not be given to any third parties, except consultants,
engineers, attorneys, accountants, or other experts employed by Lessor, or as evidence in any court with jurisdiction, without written
consent. This provision shall be subject to !he statute of limilations set by the State of Colorado.
JN WITNESS WHEREOF, !his instrument is executed as of the date first above written.
By: Daniel W. Stroock
~·~ ¥ .)J day o!:. ""),,,,___, 2008 by Daniel W. Stroock. /"~c My Commission Expires:
PRODUCERS 88.PAID UP
ReY. No, I (CBG)
OIL AND GAS LEASE
TW. OU alld Gu Lc11e ( .. Lea.sci is made this 4th day of September. 2008, by and between JRMD, LLC and Savage Limited
Partnership I , 5953 County Roed 320, Rifle. CO 81650 ("Lessor" whether one or more) and Orion Energy Partncn L.P., whose
address is 1675 Broadway, Suite 2000, Denvcr. CO 80202 ("Lessee").
WR NESSETH. For and in comideration of TEN DOLLARS, tho covenants and agreements contained hc:rcin, and other good and
valuable consideration the receipt and sufficiency of which arc hereby acknowledged, Lessor does hereby gnmt, demise, lease and let
cxclusivi::ly unto said Lewie, with the exclusive rights for the PllrJXlSCS of, cixploring by geophysical and other methods and operating
fut and producmg thcl.llom oil and all gas of whalsoovor """"' oc !rind (including coalbed gas), and laymg pipelines. • buildmg
tanks. , power stations. roadways and stJuctum thereon to produce, save and take care of said products, and the exclusive surface or
subsurface rights and privilea;cs related in any manner to any and all such operations, all that certain tract or tracts of lard situated in
Garfield County, State of Colorado described a,, follows, to wit:
Tpwnsbjp 7 South Ranae 97 West 60. P M.
Resurvey Tract 39: The west 20.36 acres (formerly described as the west 20 acres of the NB'4NW/4 of Section 8)
Resurvey Tract 48
R.esun-ey Tract 49
Containing 340.36 acres, more or less (the "'Premises").
1. It is agreed that this Lease shall remain in full force for a term of five (5) years from this date ( .. Primary Tenn") lind as long
thereafter as oil « gu of whatsoever natum or kind is produced in payini quantities fiom the Pmniscs or on acreage pooled or
unitized lh«Rwith. or operations arc continued as hereinafter provided. If, at the expiration of the Primary Tenn, oil or~ is not
being produced ftom the Premises or on acreage pooled or unitized therewith but Lessee is 1hen enpacd in drilling or reworking
operations thereon. then this Lease shall continue in force so long as such operations aro being continuously pro!ICCUled.
Operations shall bCI considem! to be continuously prosecuted if not more than or11e hundred eighty ( t 80) days shall elapse between
the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If, after
disco'VCl)' of oil or gas on the Premises or on acrea,gc pooled or uniti7.Cd therewith, the production thereof should cease from any
cause after the primary term, this Lease shaJI not terminate if Lessee commences additional drilling or re-working operations
within one huMrcd eighty (180) days from date of cessation of production or from date of completion of a dry hole. If oil or gas
shall bCI discovered and produced as a result of such operations at or after the expiration of the Primary Term, this Lease shall
continue in foroe so long as oil or gas is produced in paying quantities from the Premises or on 8CfC8Ke pooled or unitized
thert:witb. J f this lease has not sooner terminated, thc:n cf&ctlvc as of one (1) year after expiration of the primary term, this lease
shall terminate as to all leased lands except those lands that are included in a 40.00 acre tract. more or less. on which is located a
well producing or capable of producing oil and or gas in paying quantities: For pwposcs of this Lease. Resurvey Tract 39 shall be
constdercd to be a 40 aac tract, Reswvey Tract 48 shall be considen:d to contain four 40.00 acre tracts and Re:nuvey Tract 49
shall be comidcrcd to contain four 40.00 acni tracts. This lease shall not terminate so long as drilling or reworking operations are
being continuously prosecuted if not more than 180 days shall elapse batwccn the completion of abandonment of one well and the
beginning of operations for the drilling of another well.
2. This is o PAID-UP LEASE. In consideration ofthc payment made bnwith. as specified by separate agreement, Lessor agrces
that Lessee shall not be obligated, except as otherwise provided herein. to commence Gt continue any operations during the
primary term. Lessee may ot any time or times durina or after the Primmy Term surrender this Lease as to all or any portion of
the Premises and as to any itrata or stratum, by delivering to Lessor or by filing for record a relca.se or ~leucs, and be relieved of
all obligatiom thereafter accruing as to tho acreage surrendered.
3. Lessee oovmants and agrees to pay royalty to l..e$ot as follows:
(a) On oil, to deliver to the credit of Lessor, free of cost on the lease if sold on the Premises or frc:c ofoost into the pipeline
to which Lessee may connect wells at first point of sale, the equal twenty five pcr--ccnt (25%) part of the gross proceeds of all
oil produced from the Premises.
(b) On gas of whatsoever noturti or kind, liquid hydrocarbons Md their respective constituent elements, ca,,inghead gas or
othet sascow substances, produced from the Premises ("Oas") Lesacc shall pay, as royalty, twenty-five per-cent (25%) of
tho gross proceeds rcaliu:d by Les3ee from fim lJOint of sale. "'Sale" shall be defined, for the purposes of this Lease. as a
sale at a marketplace to an entity not affiliated with the Lessee in a transaction in which all obligations and requirement. of
both parties to the sale are monetized in the price.
(c) On products produced ftvm lhc Premises Lessee shall pay. as royalty. twcnty·five percent (25%) of the gross proceeds
reali7.cd by Lessee from first point of sale_
(d) Lessee shall haw: the risJlt to withhold Lessor's actual taxes. Lessor's 1aX shall be calculated by multiplying Lessor's
royalty percentage by the actual tax paid by l.essCle. Lessee shall n::ooncilc deductions made from remittaDccs to Lessor with
the actual tax paid. Any difference bdwcen deductions and actual taxes paid by Lessee shall bCI rdUndcd to Lessor.
(e) Lessor may take production in-kind, at Lessor's election, such election shall be made by Lessor infonnins Lcssoe in
writins thirty (30) days prior to a change in election, and such chanse shall be made fur a minimum period of six (6) months.
If Lessor elects to take-in-kind Lessee shall deliver Lessor's shan: of production ~of all cost compressed into the
EnteJprisc pipeline, or o transmission pipeline of equal utility and location. Lessor's share of production shall bCI delivered
into the Enterprise pipeline in the same corxlition and state as Les.iee's share of production.
4. Where gas from a \.\di capable of producing gas is not produced or used after the expiration of the Primary Tenn,. Lrsscc shall
pay or tender as royalty 10 Lessor at the address set forth above One Dollar (SI00.00) per year per net mineral acre. such payment
or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of ninety (90) days from the
date such well is shut ln or dewatc:ring operations are commenced and thereafter on or before the anniversary dat.e of this~
dwing the period such well is shut in. Shut in shall be limited to two (2) years. If well (s) arc shut in for more than two (2) years
any drilling units not held by production in paying quantities shall bCI rcleasc.d.
•
-.
PRODUCERS 81J-PAID UP
Rev. No. 1 (C80)
5. If Lessor owns a lesser inteICSt in tho Premises than tho entire and W111ivided fee simple estate thtrcin,. then the royalties,
including any :shut-in Gas royalty, herein provided for shall be paid LeMOr onJy in the proportion which Lessor's interest bears to
the whole and undivided foe.
6. Lessee shall have the right to use, free of cost,. gas, Oil and water produced on the Premises fur Lessee's operations therron,
except water from the wells. streams, lakes and ponds of Lessor. However, Les.5t.e shall not make volumetric or cost deductions
from Lessor's royalty share for compression into the Enterprise: pipeline system.
7. Refer to Surface Use Agreement
8. The rights of the Lessor and Lessee hcretmdcr may be e&lgned in whole or part No chansc in ownership ofl.esoor's intcccst (by
assignment or otherwise) shall be bindina on Lcsscc until Lessee has been furnished with notice, consisting of certified copies of
a11 rttOrdcd instruments or documents and other information RCCCS38JY to establish a complete chain of record title from Lessor,
and then only with respect to payments lhcreaftcr made. No other kind of notice, whether actual or constructive. shall be binding
on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of the Premises shall opcratc: to
enlarge the obligations or diminish the rights of Lessee, and a!I Lessees' opcratiorui may be conducted without rqard to any such
division. If all or any part of this Lease is assigned, no leuehold owner shall be liable for any act or omission of any other
leasehold owner. However, all provisiom and requirements in this Lease shall become the obligation of the assignee. Lessee
shall give: Lcuor constructive notice of any assignment within 90 days.
9. Lessee, at its option, i!i hereby given the right and power to pool, unitize or combine the acreage co't'Cl'Cd by this lease or any
portion thereof with other land, lease or leases in the immcdiato vicinity thereat: when in lessee's judgment it is necessary or
advisable to do so in order to properly develop and operate said lease premises so as to promote the conservation of oil, gas or
other minerals in and W1dcr and that may be produced from said premises, and a unit or units shall not exceed SO acres each in the
event of an oil well, or 640 acres each in the event of a~ well, plus a tolerance often percent (10%) to conform to government
surveyed sections. Lessee shall execute in writing and record in the records of the county in which the lend hrnin leased is
situated an lnstrument identifying and describing the pooled acreage. The entire acreage so pooled into a tract or unit shall be
treated. for all pmposes, except the payment of royalties on production. from the pooled unit. as if it wen: included in this lease.
If production is found on the pooled acreage, it sha11 be treated as if production is had from this lease, whether the well or 'W'Clls be
located on the premises covered by this lcaso or not In lieu of the royalties elscwhcrc specified, lessor shall n:ceive on
production from a unit so pooled only such portion of the royalty stipulated herein M tho amowrt of his net royalty interest therein
on an acreage basis bears to tho total mineral acreage so pooled in the particular unit involved.
10. All express or implied coveR81lts of this Lease shall be subject to all Federal and State Laws. Bxccutive Orders, Rules or
Regulations, and this L¢aSC 5hlli not be tmninmcd, in ~le or in part, nor Lessee held liable in d~ for failure to comply
therewith if compliance is prevented by, or if such failure is the result o( any such I.aw, Order, Rule or Regulation Any delay or
intmuption caused by storm, flood, act of God or other event of force majeum shall not be counted again.it Lessee. I( due to the
above C8llSCS or any cause whatsoever beyond the control of Lessee, ~ is prevented from oonducting operations hereunder,
such time shall not be counted against Les:sco, and this Lc:asc shall be extended for a period of time equal to the time~ was
so prevented, anything in this Lcmc to the contrary notwithstanding.
11. Lc$or agrees that tho Lessee shall have the right at any time to redeem for l..e.wlr, by payment, any mortgages, taxes or other
licm on the above described lands,. in the event of default of payment by Lessor and be subrogatod to the rights of the holder
thereof: and the undersigned Lessors, fOr themselves and their; heirs,. successors and assigm, hereby swrcnder and release all right
of dov.er and homestead in the premises descnbed herein, inso&r as said right of dower and homestead may in any way affect the
purposes for which this lease is made, a.s recited be:rcln..
12. The word "Lessor'', as usod in this Lease. shall mean any one or more or all of the parties who execute this Lease as Lessor. All
the provisions of this lea.so shall be bindlng on the heirs, successors and assigns of Lessor and Lessee.
13. This Agreement may be ex.ecuted in counterparts.. and each counterpart shall be deemed to be en original, but all of which shall be
deemed to be one ag:rccmcnt This Agrccmcul may be executed by fax signatures end distributed to the other Parties. Orion will
disburse original signatwc pages to all patties sr: irs earliest convenience.
14. A11dlt Ric.lits: Lessee agrees that upon ten (10) buslncss days written notice giving detail of the period and items to be audited,
Lessoo.. or her agent(9). shall transmit to Lessor's offices or other reasonable location stated in the notice all necessary documents and
records, to be specified by Lessor in said notice, to audit all payments due Lessor under this Lease. Lessor ogrees that all such
infonnation provided by Les,,ee is confidential in natt:re and will oot be given to any third parties, except oonsultants, cnginoers,
attorneys, accountants, or other experts employed by Lessor, or as evidence in any court withjwisdiction, without written consent
This provision shall be subject to the rrtBtute of limitations set by the Statcc of Colorado.
IN WITNESS WHEREOF, this imtrument is executed as of the date first above written.
Sa-vqe Umltcd Psrtnenb.lp I
2
-
·----··--------
PRODUCERS 88·PAID UP'
Rov. No. I (CBO)
STATE OF Colooido
COUNTY OF Garfield
1\ll ll'f'l.Ki~lrll.HH,Nl,Nl,\ow.lflil(H~.l'IN 1'1U.~1 il 11111
Receptionlt: 7568~3
10/0612009 02:45:29 PM Je~n Alberico
3 of _3 Rec Fee:$16.00 Doc Fee:0.00 Gi:IRFlELO COUNTY CO
The foregoing irmrument was acknowledged before me th~ day of September, 2008 by Jo•a w. Sav111e •1 M•ugblg
P•rtner or JRMD, LLC. ...csSl~~~b..
MY COMMISSION EXPIRES
My Commission Expires: OB/1812011
ST ATE OF Colorado
COUNTY OF Garfield
The foregoing instrument wall acknowledged before me this~ day of September, 2008 by J01n L. Sav91e u Ge.ual P•rtaer
ofSavq;e Limited Partatnlllp L
MYCOINSSION EXPIRES
My Commission Expires: 08/18/2011
+
3
1111 Ml\ ril~~l,MILNl!,!YJ!! '~~'~ ~" IM~1 ~ 11111 Reception~: 757325
10/16/2008 01:07:06 PM Jean Alberico
1 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY co
RIGHT-OF-WAY AND EASEMENT
STATE OF COLORADO
Line# __
R/W# __
AFE# __
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARFIELD
THAT the undersigned, "Savage Limited Partnership I, Joan L. Savage, General
Partner"(hereinafter referred to as "Grantor", whether one or more), for and in consideration of
the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration in hand paid to it
by Enterprise Gas Processing. LLC., a Delaware Limited Partnership, whose address is c/o Land
Department, 2727 North Loop West, Houston, Texas 77008-1044 (hereinafter referred to as
"Grantee"), the receipt of which is hereby acknowledged, does hereby grant unto the said
Grantee, its successors and assigns, a right-of-way and easement for the purpose of laying,
constructing, maintaining, operating, repairing, inspecting, testing, abandoning in place,
protecting, altering and/or removing one (!) pipeline including cathodic protection, above-
ground and below-ground appurtenances, and any and all other devices, equipment and structures
from time to time deemed by Grantee to be necessary or desirable in connection with the use and
convenient operation and maintenance of said pipeline for the transportation of oil, gas, water,
petroleum products, or any other liquids, gases or substances which can be transported through a
pipeline across the following-described lands in Garfield County, Colorado, to-wit:
Tract 40 and Tract 48, T.7S., R.97W., 6th P.M. See attached Exhibit "A'', and,
Tract 49, T.7S., R.97W., 6th P.M. See attached Exhibit "A"
Grantee's permanent right-of-way and easement shall be thirty feet (30') in width, being
fifteen feet (15') on each side of the easement centerline as described in EXHIBIT "A" attached
hereto and made a part hereof. Grantee shall also have a Temporary Easement for construction
purposes only, being a strip of land fifty feet (50') wide directly adjacent and parallel to one side of
the right of way and easement area described in EXHIBIT "A" and shown and depicted on EXHIBIT
"A". In addition to the Temporary Easement stated above the Grantee shall utilize for construction
purposes only, an additional twenty five feet (25') wide by one hundred fifty feet (150') in length of
Additional Temporary Workspace(s) at the crossings of all roads, railroads, streams, or uneven
terrain. Said Temporary Easement and Workspace(s) shall terminate upon the completion of
construction of said pipeline and restoration of the lands.
Together with the rights of ingress and egress to the above-described right-of-way and
easement herein granted across the adjacent property of Grantor.
TO HA VE AND TO HOLD said pipeline right-of-way and easement unto Grantee, its
successors and assigns, for the purposes stated above, subject to the following terms and
conditions:
I.
2.
That in the exercise of its rights hereunder, Grantee shall: (a) bury all pipelines to provide
a minimum cover of thirty-six inches (36"), (b) restore the ground surface as nearly as
practicable to the original condition which existed prior to the commencement of any
work by Grantee; ( c) provide suitable ditch cross-overs during construction as are
reasonably required by Grantor; (d) properly support each side of a contemplated fence
opening by suitable post and braces before a fence is cut, and, where required, to provide
a temporary gate; ( e) repair in a good and workmanlike manner any and all fences and
drainage and irrigation systems which are cut or damaged by Grantee; and (f) pay Grantor
for any damages caused by Grantee to Grantor's growing crops, grasses, trees, shrubbery,
fences, buildings or livestock as a result of the construction of Grantee's facilities.
That Grantor reserves the right to use and enjoy the surface of the right-of-way in any
manner that will not prevent or interfere with the use of the right-of-way by the Grantee
for any of the purposes herein above granted, it being understood that no building,
structure, improvement, or obstruction shall be placed within or upon the right-of-way,
and that there shall be no alteration of the ground surface or grade of the right-of-way,
without the express written consent of the Grantee, and, to the extent that written
permission has not been given, Grantee shall have the right to clear and keep cleared from
within the right-of-way all trees, brush, undergrowth, buildings, structures,
improvements, or other obstructions, after completion of pipeline installation. Grantee
shall not be liable for damages caused on the right-of-way by keeping the right-of-way
clear of such trees, brush, undergrowth, buildings, structure, improvements, and other
obstructions in the exercise ofits rights hereunder.
3. That Grantee shall have the right, at its option, to install gates in fences crossing said
pipeline right-of-way.
4. That this instrument may be executed in counterparts, but which together shall constitute
one and the same instrument.
5. It is understood and agreed that this grant· is not a conveyance of the lands described
herein or of any interest in the oil, gas and other minerals in, on or under said lands, but is
a grant solely of the right-of-way and easement granted herein.
6. All fixtures, equipment, and improvements placed on or fixed to the premises by Grantee
shall remain the property of Grantee and Grantee shall have the right to remove any or all
of its property from the Easement.
7. That during maintenance and repair operations of said pipeline or appurtenances, Grantee
may utilize such portions of Grantor's property, temporary work space, as may be
reasonably necessary. However, after the completion of such operations Grantee shall
have no further right to such temporary work space.
8. Grantee shall make application for and secure from any and all federal, state and local
governmental authorities having jurisdiction (and during the term of this Agreement shall
maintain in effect and comply with) all permits, licenses and other authorizations required
for this Agreement. Grantee shall pay for all such permits, licenses and other
authorizations and for all renewals.
---------------
iii
9. Grantee agrees to indemnify and hold harmless Grantor from and against any and all loss,
costs, damages and expenses incurred in connection with any claims, actions or
proceeAings arising from or related to Grantee's rights or obligations contained in the
Right-of-Way and Easement, except for the negligence and willful misconduct of the
Grantor and its successors and assigns.
10. It is agreed that this grant covers all the agreements between the parties and no
representations or statements, verbal or written, have been made modifying, adding to or
changing the terms of this agreement It is understood and agreed that this easement and
all rights, privileges and obligations created herein shall run with the land and shall inure
to the benefit of and be binding upon the legal representatives, heirs, executors,
administrators, successors, and assigns of the parties hereto.
~
EXECU1ED AND EFFECTIVE this / t day of
ORANTOR:
()JJIA(·~~ . 21 ~COMMISSION EXPIRES By: .h-.Z: ~ • "VL-
08/18/2011 ~ r Name: j"e,f + L • .Sil> 11"1 "'
~-L5~ y~ COmmlssion Expirel
07/02/2011
3
By: _________ ~
Printed Name:--------
GRANTEE:
-
1111 Mi\'1'1~1'11,H!~,~,111.ilUoU(,Wt~U ll'J~IM ~,~ 11111
Reception#: 757325
10/16/2008 01:07:06 PM Jean Alberico 4 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFlELD COUNTY CO
RIGHT-OF-WAY EXHIBIT "A"
WITH IN THE N 1/2 SW 1/4 8. NW 1/4 OF sec. 17 a. $ 1/2 SW 114 OF SEC. 8.
I7S -R97W , 6Tt! P.H.
GARFIELD COUNTY. COLORADO
SEC. 8 I INF TN!L f
171,9n.s so. T. OR 3.95 ACRES
MOR OR LESS
L1: N57"33'05"E, 277.2'
L2: N55"59'50"E. 55. 7'
L3: N3"''53'25"E, 61.5'
L4: N26'52'01"E, 1639.4'
LS: N26'39'26"E, 183.7'
"POINT OF TERMINUS" l6: N17"25'54"E, 97.3'
L7: N17"03'4S"E, 478.3'
LB: N14"05'11"E, 179.0'
L9: N53'41'22"W, 1148.4' 244,902.2 SQ, FT. OR 5.62 ACRES
t-IOR OR LESS TRACT 40 l10: N36"06'30"W, 189.0'
l11: Nl.3i6'.32"W, 69.0'
50' WIOE l12: N12'04'36"W, 180.2'
CONSTRUCTION L13: N00'02'2J·w, 109.5'
EASEMENT L14: N07"32'02"W, 69.8'
' TUA
·7
50' 'MOE
CONSlRUCTION
EASEMENT
•·-· ·-·
' -'
TRACT 111
EPCO OXY 10· P,A
· LLl · ,r F'D SE CORNER TRACT 48
+:··--···-·· L1 / 1923 BC AP6J TRACT +8
N
t ACcEssROAO
FROM CR 330
\_
--·-·--~-· --._; "POINT OF COMMENCING•
· 88i0'•7·w/
; 1,374.·f
"POINT Of BEQNN!NG"
FD SW CORNER TRACT 48
1923 BC AP63 TRACT 48
.. • F'OONO WC»IUM£NT
SEE ATTAOifD RIGlT C:E WAY DESCRIPOON
WHICH BY lltS REF!REMCE lS au.DE HER£OF.
SURVEYOR'S STAID!ENT;
I, GEORGE. Ot..BERT, A UCENSEO PROFESSIONAL LAND
SURVEYOR IN THE STAlE CE COLORADO, DO HEREBY
STATE lHAT A SURVEY OF A TRACT OF LAND AS SHOYIW
HEREON WAS MADE UNDER M't' DIRECT SUPER\151()11 IN THE
MONTH OF SEPTEMBER 2008 ANO THAT CE' SAID SURVEY lS
ACCURATELY SHO'l'IN HEREON.
P.LS. f27610
() 250 ft. !COO ll
'"""-1) BASIS or B£ARINQ: GPS 089VAllOH AU»1G
mt 5C111HERL Y UiE CF TRACT 4t1
AS DE11MED BY UONUMDITA110M SliO'lltt HEAEQ-1,
OCARS: MeG'10'47"W
2) OA'IE FUD ruw.EY: 9/24/03
)) TKS SlJRl£Y DOES MOT cormmJ1E A 111\.£ SEARCH
TO ~ ~ Oii &.SDIEHTS Of' RECCAO.
Ht) 11TIL CCIMYITMDIT WAS FURlllSHCO IH THE:
PR£PMA110N fl' '/KS SUFMY.
4) stt SHEET 2 or 2 FOR LEWrl D€SCR1Pnat
""""-ACCCfll»IG TO ca.ORADO LAW, YOU MUST
COIAIENCE AHY lEGAl ACTIOK BASED UPOtt Nl.Y
DEffCT tH THS SUR'oEY 'ftntN t)lft(! 'tEAR$
AF1'£R 'r'(lJ FIRST DISCO'o'tRFJ> SU()! OEf'ECT. IH NO
E\lHT llAY NN N;llON BA.Sm UPOH AHY DUECT
ti lHI$ !iURltr BE CCllW£NCED MoOAC lttAN TEH
~ f1tOlril TH£ OAT£ Of' '!MIS CERTl1CA110K
""" -===-l
1111 Ml'l.111~~1.MIU'"Lfi,l'a.ll,~r+!~IMNltlfll' ~·~ 11111
Reception~: 757325
10/16/2008 01:07:06 PM Jean Rlbarico
5 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
PROPEIHY Of SAVAGf. LIMITED PARlHERSHIP I
CENTERLINE DESCRJ>TION FOR PROPOSED 30' \ldOE RIGHT-OF-WAY AND EASEMENT
A PARCEL OF LAND FOR A 30' .. DE RIGHT-Of-WAY AND EASEl.IENT ~lUATE IN THE
NORlH HALF OF THE SOUTHWEST QUARTER ANO THE NORTH\\EST QUARTER
Of SECTION 17, lRACT 48 ANO SOUTH HALF OF THE SOUTHWEST QUARTER Of
SECTION 8, TRACT 40, TOWNSHIP 7 SOUTH, RANGE 97 \\EST OF THE
SIXTH PRINCIPAL MERIDIAN IN GARFlELID COUNTY, COLORADO; SAID CENTERLINE
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID lRACT 48; THENCE
NORTH 6810'47" WEST ALONG THE SOUTHERLY LINE Of lRACT 48,
FOR A DISTANCE OF 1,374.4 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 57'33'05" EAST FOR A OISTANCE OF 277.2 FEET;
THENCE NORTH 55'59'50" EAST FOR A DISTANCE OF 55.7 FEET;
THENCE NORTH 34 '53'25" EAST FOR A DISTANCE Of 61.5 FEET;
THENCE NORTH 26'52'01" EAST FOR A DISTANCE Of 1,839.4 FEET;
THENCE NORTH 26'39'26" EAST FOR A DISTANCE OF 183.7 FEET;
THENCE NORTH 11'25'54" EAST FOR A DISTANCE OF 97.3 FEET;
THENCE NORTH 17'03'48" EAST FOR A DISTANCE OF 478.3 FEET;
THENCE NORTH 14'05'11" EAST FOR A DISTANCE OF 179.0 FEET:
THENCE NORTH 53'41'22" \\EST FOR A DISTANCE OF 1148.4 FEET;
THENCE NORTH 36'06'30" \\EST FOR A OISTANCE OF 189.0 FEET;
THENCE NORTH 3316'32" \\EST FOR A DISTANCE Of 69.0 FEET:
THENCE NORTH 12'04'36" \\EST FOR A DISTANCE Of 180.2 FEET;
THENCE NORTH OD'02'23" \\EST FOR A DISTANCE OF 109.5 FEET;
THENCE NORTH 01'32'02" WEST FOR A OIST ANCE OF 69.6 FEET;
THENCE NORTH 01'22'26" EAST FOR A OISTANCE OF 772.4 FEET;
TO THE PO<NT Of TERMINUS.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 171,977.5 SQUARE
FEET OR 3.95 ACRES MORE OR LESS
SUByEXOR'S S!AJEMfNT·
I, GEORGE ct.BERT, A LICENSED PROfESSIONAl. LANO
SURvEYOR IN THE STAlE or COlORADO, 00 HERESY
STATE THAT A SURITT c:K A TRACT Of LAND AS SHOV!?ll
HEREON WAS MADE UNDER MY DIRECT SUPER'V1SION IN THE
MONTH OF SEPTEMBER 2008 AND niAT OF SAID SURVEY IS
ACCURATELY SHO'Mll HEREON.
1111 M"i.111~~1.MH .lltll ,NI ,1-Ur.lflfiM~Jll.l~ln~ ~·~ 11111
Reception#: 757325
10116/2008 01:07:06 PM Je•n Alberico
6 of 7 Rec Fee:$36,0C Doc Fee:0.00 GARFIELD COUNTY CO
RIGHT-OF-WAY EXHIBIT "A"
WITH IN THEE 1/2 E 1/2 OF SEC. 19 & W J/2 W 112 OF SEC. 20.
T7S -R97W 6IH P.H.
GARFIELD CO\.JllTY. COLORADO
I N 4'00'5~"W
1521.f ., .
i
' I
t
I
I
I
' . .$ I/ "POINT OF TERMINUS"
pBopfRty Of
SAYAGf I !M!TfO
PARTNERSHIP !
sec. 19
PfRMANfNT BIGHT-Cf-WAX
79,703.9 SQ. FT. OR 1,83 ACRES
MOOE OR LESS
CQNSIBl!CJJON fA,SEMFNT
142,284.8 SQ. FT. OR .l.27 ACRES
MORE OR LESS
IfMPORAAY US£ AREAS
11,501.7 SO. FT. OR 0.26
ACRES MORE OR l.ESS
EPCO OXY 10" P /l SEC. 20
sW C<>RiiER·· rucr· 49·
CLO BC-1923-APJ
"POINT OF. COMMENCING"
TRACT 51 lRACT 52
SEE i\TTACHED R!GlT f$ W/+.Y OESCR!Pl!C.tl
'MICH BY lHIS REFERENCE IS MADE HERECf',
SlJRIJEYOR'S STAID!fNT:
I, GEORGE CUIERT, A UCOISEO PROFESSIONAL LANO
si.JR\'EYOR IN THE STATE OF COLORADO, 00 HEREBY
STAlE lHAT A SURVEY or A TRACT or LANO AS SHOi'IN
HEREON WAS MADE UNDER MY DIRECT si.JPERVISION IN lHE
MONlH or SEPTEMBER 2008 AND THAT OF SAID SURVEY IS
ACCURAT£LY SHOWN HEREON.
"""-
Ii~ 1T~
Colorado stole Plooi•
Ctnlrol z-. NAO&l
1) BASIS Cl stARINC:: CPS 08SERVATIOO ALONG
SOUTHERLY lH Of TRACT 411
AS OEf1NtO BY MONlAIOtTATIOH SH0194 1£R£0N.
B£AllSo SllT44'Je"E
2) 04TE FE.I> SllfMY: 1/24/03
3) ntS $1JR\o£V OOC$ NOT CCNSlltUl'E A tin.£ SEAAOi ro DETERUIHE OllfERStUP ca [A.S(WEHTS Of AECCRD.
NO mu: COIMTMENT WAS f\.IRHISHCD IN rue:
PREPARATION Of lHIS WllVEY.
4) 5EC SHEET 2 Of 2 FOR LEO#l. D£SCRIP'll<»t.
"""'-ACCDRCllHO TO CU!RAOO LAW. Y0J MUST
CWYDtlX Nl'I LEOAL ACnOfl 9A5al uPQN ANY
ml:CT IN THS ~ WfH9.I nlA:tt 'l'EAAS
N'1Ell 'l'CU FWIST lllsc:a.oEll SUCH DETECT. IN HO
('.(NT WAY Nl'f ACTION 8.t.SEII UPCH N4Y D~T
11 '!HIS SUR..a' SE ca.IMENCUJ IKJll:I'. THAil 1DI
~ fROlil T1£ Olt.n; Of" THIS ctRll'lClt.'tltlN
SHO'llN IEl£ON.
1111 fNi'l.N~~!.MILl"i.lLl"i.l!Hll':WMll.HlfN.~·~ 1111!
Reception~: 757325 .
10/16/2008 01·07·06 PM Jean RlberJca
7 of 7 Rec Fe8:$36.00 Dao Fae:0.00 G~RFIE~D COUNTY CO
PROPERTY OF SAVAGf. UMllED PARTNERSHIP I
CENTERLINE DESC!llPTION FOR PROPOSED 30' \\1DE RIGHT-OF-WAY AND EASEMENT
A PARCEL OF LAND FOR A 30' l'llDE RIGHT-OF-WAY Al'ID EASEMENT ~l\JATE IN lliE
EAST HALF or rnE EAST HALF or SECTIOO 19 Al'ID v.£ST HALF OF rnE v.£ST HALF
or SECTION 20, TRACT 49, TOv.tlSHIP 7 soorn, RAl'IGE 97 '!.£ST or rnE
~xrn PRINaPAL MERIDIAN IN GARAE!D COUNlY. COLORADO; SAD CENTERLINE
OONG MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT lliE SOUTHEAST COONER OF SAD TRACT 49; lliENCE
sourn 6r44'36" EAST ALONG rnE SOUlliERLY LINE OF TRACT 49,
FOR A DISTANCE OF 486.4 FEET TO rnE POINT or BEGINNING;
lliENCE NORrn 21"14'42' EAST F<R A DISTANCE or 4.4 FEET;
lliENCE NORlli 20'41'33" EAST FOR A DISTANCE OF 2,653.2 FEET;
To rnE POINT OF TERMINUS.
lliE A60'1: DESCRIBED PARCEL or LAND CONTAJNING 79,703.9 SQUARE
FEET OR 1.63 ACRES MORE OR l£SS
StJR\-EYOR'S STATEMENT·
I, CEORGE Cl.BERT, A LICENSED PROFESSIONAL LAND
SURVEYOR IN THE STAT£ Of COLORADO, DO HEREBY
STATE lHAT A SURVEY OF A lRACT Of LAND AS SHO~
HEREON WAS MAf>E UNDER MY DIRECT SUPERVISION IN THE
MONlH Of SEP'IEMB£R 2008 ANO THAT rF SAID SUR~Y IS
ACCURATELY SHO'llN HEREON.
d~mkF
GEORGE cx.MRT
P.LS. f27610
1111 rili~JM'J lf(',•M 1 ~~Lt)'t.1~llUL+ r~> IW.1 h~J1 iii 11111
Receptionh: 759318
1112612~08 12:37:37 PM Jean Alberico
1 of 5 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO
MEMORANDUM OF SERVICES AGREEMENT
THIS MEMORANDUM OF SERVICES AGREEMENT (this "Memorandum") is made
and entered into as ofNovember 19, 2008 (the "Effective Date''), by and between ENTERPRlSE
GAS PROCESSING, LLC, a Delaware limited liability company ("Gatherer"), with an address
of 1100 Louisiana, Houston, Texas 70002, and ORION ENERGY PARTNERS LP, a Delaware
limited partnership ("Shipper"), with an address of 1675 Broadway, Suite 2000, Denver,
Colorado 80202.
WHEREAS, Shipper and Gatherer entered into that certain Services Agreement dated
November 19, 2008 (the "Agreement''), pursuant to which Gatherer will provide to Shipper
gathering, treating, dehydration, compression and processing services for the Dedicated Gas (any
capitalized term used, but not defined, in this Memorandum shall have the meaning ascribed to
such term in the Agreement); and
WHEREAS, the Parties desire to file this Memorandum of record in the real property
records of Garfield County, Colorado, to give notice of the existence of the Agreement and
certain provisions contained therein;
NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Notice. Notice is hereby given of the existence of the Agreement and all of its terms,
covenants and conditions to the same extent as if the Agreement was fully set forth
herein. Certain provisions of the Agreement are summarized in Sections 2 through 5
below.
2. Term .. The term of the Agreement shall commence on November 19, 2008, and unless
terminated earlier in accordance with the terms and conditions of the Agreement, shall
continue in full force and effect through 9:00 AM., Central Clock Time, on January 1,
2028, and from year to year thereafter, unless and until terminated by either Party upon
not less than ninety (90) days prior written notice, such termination to be effective as of
the end of the Initial Term or at 9:00 A.M., Central Clock Time, on any January I"
thereafter.
3. Dedication. Subject to the terms and conditions oftbe Agreement, Shipper has dedicated
for gathering, treating, dehydration, compression and processing under the Agreement,
and has agreed to deliver, or cause to be delivered, to Gatherer, at the Receipt Points, (i)
all Gas produced and saved from wells now or hereafter located within the area more
particularly described on Exhibit A attached hereto (the "Dedicated Area") or on lands
pooled or unitized therewith, to the extent such Gas is attributable to the Interests now
owned or hereafter acquired by Shipper and/or its Affiliates and their respective
successors and assigns and not (a) subject to a Prior Dedication or (b) delivered or used in
lease operations as permitted pursuant to Section 6.4 of the Agreement, and (ii) with
respect to such wells in which Shipper and/or any of its Affiliates is the operator, Gas
produced from such wells which is attributable to the Interests in such wells owned by
other working interest owners and royalty owners which is not taken (a) "in-kind" by
HOU:00223S4/0010S:l363962vl
1111 w1~ .. 11!.'.~~~:·l'll~l»IU'.~~, • .w, \'r.rr ~1~~r,~~,1~ i'll.11111
Reccptiontt: 759318
11/26/2008 12:37:37 PM Jean Alberico
2 of 5 Rec Fee:S26.00 Dae Fee:0.00 GARFIELD COUNTY CO
such working interest owners and royalty owners, (b) subject to a Prior Dedication or ( c)
delivered or used in lease operations as permitted pursuant to Section 6.4 of the
Agreement, and for which Shipper and/or its Affiliates has the obligation to deliver such
Gas and only for the period that Shipper and/or its Affiliates has such obligation
(collectively, "Dedicated Gas").
4. Prior Dedications. The Dedicated Gas does not include any Gas currently dedicated for
gathering, treating, dehydration, compression or processing under the Prior Dedications;
provided that, upon the termination of such Prior Dedications, any Gas previously subject
to such Prior Dedications and described in clauses (i) and (ii) of Section 3 above, shall
become Dedicated Gas under the Agreement.
5. Covenant Running with the Land. So long as the Agreement is in effect, the Agreement
shall (i) be a covenant running with the Interests now owned or hereafter acquired by
Shipper and/or its Affiliates within the Dedicated Area and (ii) be binding on and
enforceable by Gatherer and its successors and assigns against Shipper, its Affiliates and
their respective successors and assigns.
6. No Amendment to Agreement. This Memorandum is executed and recorded solely for
the ptupose of giving notice and shall not amend nor modify the Agreement in any way.
[Signature Pages Follow]
2
HOU:0022384/00105:1363962vl
1111 IW.i~tZ..:)rifl\lt\~ ~~'. ~11.:1,~~C!i.~'~ V11'J.o~lr\li,1l, 11111
Reception#: 759318
11/26/2008 12:37:37 PM Jean Alberico
3 of 5 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, this Memorandum has been signed by or on behalf of each
of the Parties as of the day first above written.
ORION ENERGY PARTNERS LP
By:~
Name:Da!G:BfulChira-
Title: Chief Financial Officer
STATE OF --"C"'o"'lo::.:.ra'°'d,,_,o<--_____ §
§
COUNTY OF --=D.::ce:..:.nv"'e""r ______ §
The foregoing instrument was acknowledged before me by Daniel G. Blanchard , the
Chief Financial Officer of Orion Energy Partners LP, a Delaware limited partnership, on
behalf of said limited partnership, this 191h day of November , 2008.
U.df!i;,_ H'Q,i.
3
HOU:0022384/00105:1363962vl
II/I WJPJW,~l\"~1'11~, If~ r-"/.'.J ~:~~,·~:',II .)11 ~1,~,jiy~ 11111
Reception#: 759318
1112612008 12:37:37 PM Jean Alberico
4 of 5 Rec Feo:$26.00 Doc Fee:0.0D GARFIELD COUNTY CO
STATE OF t21Jw1.A-OC §
§
COUNTYOF~7>f?J""'"'"'llf;~l2-'--~~~~§
The foregoing instrument was acknowledged before me by (),1 l-~ rl<E the
St;JJ11',e, Vite~ r of Enterprise Gas Processing, LLC, a Delaware limited liability
company, on behalf of said limited liability company, this /~ day of~ 2008.
Mv Commission Expires
03/2812010
HOU:0022384/00105:1363962vl
4
1111 Hi~.i•WUl(~Mll IVl'i rlllihlfU(IJ~r u~.·1·~·!\1
Wi1I, 11111
Reception~: 759318
11/2612008 12:37:37 PM Jean Alberico
5 of 5 Rec Fee:S26.00 Doc Fee:O.QC:J GARFIELD COUNTY CO
EXHIBIT A
DEDICATED AREA
The following lands located in Garfield County, Colorado:
T. 7 S .. R. 97 W .. 6th PM.
Section 5: Resurvey Tract 38
Section 8: Resurvey Tract 39, Resurvey Tract 40,
Resurvey Tract 41
Sections 8 & 9: Resurvey Tract 42
Containing 518. 73 acres, more or less
T. 7 S., R. 97 W .. 6th P .M.
Resurvey Tracts 48 and 49 formerly described as:
Section 17: E2NW, N2SW
Section 18: SESE
Section 19: E2NE, NESE
Containing 320 acres, more or less
EXHIBIT A -Page l
HOU:0022384/00105: !363962v I
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" :;~
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411
so acknowledged. 2-12-18-before Charles M. White, Notary Public, Garfield. County, Colo.
Con. $3500. Rev. Stamp. 1?3. 50. ·Conveys the N-~NEi; NEtSE:j;-; IViSEt Sec. 20 and. NWi-IlfEi
Sec. 29 all in Tp.6 S.R.87 W,6th P.M.
60712
60713
60714
Filed. for r-ecord. February' 15_, 1918 at 2:20 o'clock P.M. in Book 108 at :page 1271
_ C .M.
C.H.
C H . ..., ...
60715 Location. Certificate. Palisade No. 1 :p.m.c. by J .W.Richard.s, harry F'lynn, Sue
Ridmrd.s, Charles E. Flynn, L.D.Crand.all, Walter Crandell, Elbert Crandell, Mary J.
Crandell. Date of Location July 11, 1917. Date of Certificate Jtb.y 14, 1917. Claims
by right of discovery and. location the Palisade .No. 1 p.m.c. being the NVl-fSEi; N'84SWt
Sec. 30 at SWtsEt and sEtswt Sec. 14 Tp.6 S.R.98. Amended. to read.: NW:tlIBi; NEtNWi
Sec. 30; SW-fSEt; SEtSwt Sec. 19 T:p.6 S.R.98 ii.6th :2.M.
Filed. for record February 16, 1918 ~t 8:05 o'clock A,M. in Book 115 at :page 39.
Patent. 12-lc-15. U.S.·A. to Christa J. Conwell. Conveys the sWtSE-ft of Sec.
arniWtNEt of Sec. 30 T:p.·7 ·S.R.-97 W.bth P.M., containing 120 acres.
Filed for record :Februa;ry_ 16, 1918 at l; O~o 'clock P .M. in Book 112 a.t :page 488
60717
~,.a: -1-J--rL ~ -/Vd'ZP 7f-~~ ~ ' .
·c_.M. /;V---Clu, dc..±.d 1 fl /L--z-1 H -/U_.,1-f f /,;2. :J /; r-?-o -
60718 , Pa tent. 11-22-17. U.S.A. to .David. S. James. Conveys the SWtSWt Sec. 24 and.
NWfJl!W-ft Sec. 25 in T:p.7 S.R.88 W.6th· P.M., containing 80 acres.
,y,t.~. Fi:),ed for record. :February 16, 1918 at 3:15 o'clock P.11. in Book 112 at page 4ffi
rt/A.U/...' dd::-c..J.... co . {!_ t<--r<-a-f . { ~ c;l-'-/ IA..f2"'· J 7 <U>)
60719. Release Deed of Trust. 2-16-18. Public Trustee·:·to 1',ranlc Hold.ei' signed same an
.so acknowledged 2-16-18 before A.L.Beardsley, Notary Public, Garfield County, .Colorado
Releases the trust deed recorded in Book 97 at :page 61 as Doc.#51I74 thereof. .
:Filed. f'or record February 16, 1918 at 4:00 o'clock P.M. in Book 99 at :page 466
1
No.
Doc. illl'l5106
~
1 /;r:;ti;c/
SHE~T l of ~ sheets
INDEX MAP OF THE
PACIFIC OIL CO. PIF~ LIN<; AllD
PTJMPillG PLAT No. 1
Mesa Countv andGarfield Co.Colo
Water Dieti-ict Ho. 42
Irrigation Division No. 4 and
Water Distrlnt No. 70 Irrig<>J:ion
ii~ixx Division No. 5
Courses ref<?.::-red to ~rue mer.
Sc'l.le =-'l~~ 62,500
KNOW ALL MEN BY THJ.:SE PR-q:sENTS: Th::i.t the undersigned, Pacific
Oil Company, a 0~1ifornia Corpo:L"ution, cla:imant, whose postoffice
addres:.:• is 225 Sxx Bush Stre'3t, San Francisco, <1a.lif•Jrnia, has
ca.sued to be loc,atf'!d. the Pa.cif ic Oil Go. Pipe Line and ?umping
Plat a.s hP.reinaft~r me.ntioned, has made these servP.ra.l statt?.m~nts
relati•re thereto, and filed the l:~11:x:.ti:a:Rx same in com:::iliancB with
. the lav;s of the s-:.nt.e of Colorado. The ac0om91tnying in~,;pe show
the location of said Pipe line ;ind Pumping plant '1.nd form a p:~.?'t
of this filing.
FIRST: The headgatB is locn.teci at a ooint on the r.ight
bank of thP. Colorado Ri 1rer from wh~h it derives its supoly of
watet", ·whence t.hP. N. E. cornP-r of Sac. 28, T. S $., R. 97 \\r.,
6th P. M., beers. N. 06°~7•5s 11 • E. 4038.99 feet
Senond: The diametec, tota.l head a.nd length of ea.id
Pioe line is as shown in ad.jacent tabhlation
PIPELINE DI.~'E:T'!:R HEAD T.JE1:·1GTH
De Beq UF! to conn Gr. 3 f i:-et 300 feet 37 ,090 .02
Conn Cr. to Bowdish
llx Gulch 2 feet 350 feet 17,072.50
C.cn.11 Cr. to D~er P11rk
Gulch 2 feet 550 fe~t 5" 407. 55
THIRD: The carrying cepacity of said pipe line is 57.25 cubic
feet uer secOnd of time by p'..lnlping for m ich r.:laim ·is herP.by
m~.de for industrial uurnO€P.s R.nd domestic use.
FOURTH: The estimated cost is llii~lil:!illil:xx ~)S,000,000
iixx
feet
fe~t
feet
FIF TH: War): W-9S com!':l.enced by F.J:l.irvey 'Jn the 9th dn.y o~ June, 1953
l!Il'.ll!KEX
SIXTH: Olo.1ma.nt l'a.c if ic Oil Company.
A ttP.st:
STATE OF COLDRACO )
CITY A!ID COTJllTI" OF DENJ!ffi) so.
BY. K. H. Crandall
PrP.sident
G. M. Footer,
Sf!cre:..s. ty
(Company seal)
HA.rold J. Welch, being duly sworn on his o~ith, deoog~s ?..nd s:iyE
tha.t he is thF! P,!lgin':!er wbo m9.de thP. survey of th1:'! Pioe Line ;:i.nd
Pumping Plat; 'thnt the survey of the same and the mapS th~!'eof
were rn.R.rte bv him and .that such survey i~ acc;uratf;!ly represented
upon these mans; thil.t he has read the ·sto.tPments the::::-~on, =t.nd
th3t the s.3l'ne ?..re true of his own k:nowledEF.!·
Filed for r~oord 2/23154 e._t_2}02 O.' clock .4..!L.
WI"-" ?k/Rc 0-L. h-!),?,: ,//#e v'-)t//77?/,,r,f lV?/C/r
7/>10, CJ 7 ff ,(i:>,t/'7///-= $Sr. CO'ST _....,!/'if,, d<10o""1
.;»-/JR/.5 #e/1£ ZJe&CTl//E -fhc>.S r.#R~' ,P/l/ZT /,l/£.S/1 C'.,,
Y-9'7
. //,7.c.=
1"'/8'° =
v--7 =
v 6:;:
,;,-?Sit' A/ t!I/ 5/(./ /
£ ~E ,/1'£.SE
c7:3E,, 5 ~/(/S /f/i-c/A/G
/;;.,_SE J 1/£.s'tl~ EZ/(lt()
7-9/
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11 I
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I' / / ~ L-
_,,/,,.t.S= eo"':SE, AIE.;>E ;.5E.tlle; A/iils~ Ef;;l,.
v .2'/ ~ .$7.s'tu, A/t<J.5C<-'_, Sti,/Vtu
.,,-.23 :=di i: ,{/ €.
/
/ v 17' _:_
v /) =
.~ /(}::
,_,,-3 ~
E':SE,, /./t<1S£ J Stv!V;::,, £?t!tt; /VaWU'·
atcv.;;w
.c~t.=: .rs..,_4'C::, lf/tuA/£, .1/£A/(<I·
~ E]i;&u/ A/t'(;.Stu) t.v ?it't(.I
£7(/t==.
,,.--3,o == {,v -,. Al tl~ Al /;A/tC/_,
v;c; = SE.SC<),. S"3E, A/cScyA·'tt/§£.
,,,,, t:2() :;::: (,u-z-,1/ t<l .
/ I 7:; .5 ~tu #h/Sto: SE;UCttJ Cv ~E
/ , '.;
",.,~:---0.-::1·. :2f )--,.~
-i :¥
Recorded Apr 4, 195~
Reception No, 20112$
o. 19
at 10:30 A. H.
Chas. 3. Keegan, Re~order
Book 307
Page 479
oc.#201128
,,
WARRANTY DEED
XNO".:I ALL M'.EN BY-·TH2SE PRESENTS_. that ROSS LATHA.\1, who iS·
one and the same person aa T~ R. LATH..it.io.f ar.d -~eROY L'\THAM, who .i3
one. and the same pe?"aon as LeROY B .. LATHAM ~nd ::Le-ROY D ... LA'I'HA.i't
of the County of Gar:fiel~ and State of Colorado, fo_r the consid-
eration of Ten Dollars and Other ValuAble Conaide_ration, in hand
paid, hereby sell and convey to JOHN W., SAVAGE a:nd -JOAN -:·L,..· SAV'"AGE
of" the County of Garfield, and State of Colora.dci;· the '._toiiowing
real property, situate in the County of Garfield and:State of
Colorado, to wit?
PARCEL 1:
':'he E~NWk and Lot nu.-,,bered 2 of Section 30, and. the SE:!; sw,: of
Section 19, To'R'llship 7 South, Range 97 \-le.st o~. the 6th P$M.,
containing 1-57:.34 a·eras.;.-·; ';'. ·
Lot 1 of St:!ction 30)1 in ·T.ownahip 7 South, Range 9.7 We~t of the
6th P~M., containing 37;:1.9 acreB.
All th.at porti·on: of· the··-E-~ _NE! :of Section 25~ To'!Jm.ship 7 Sot.th"
Range 98 Weat· of: .the 6th P .. M. _, lying East of ··th·e County _-road·
running thro.ugh· -:said· .land, being 18 acjfa3 ~ mor~. _p-r letsa.,
Tha -SE-!: SEt; of Section 25, Town1Bhip 7 South, H.ail.g:e ·9a-We.at and
t.he E~ SWi, and-Lot 4 <;lf Section JO,· Towrahip 7 South, Rari.ge 97·
We.st of t.ha 6th p·aM· .. , conta-ining ·1S7a6J acres.
Beginning at a point which ia ·961. 7 feet East 'o'f the \"/eat qu.art.e:r
cor~~r of Section JO, Townahip 7 South, F~nge-97 West of the 6th
?~M~j(and on North lina of Lot 3 in said Section 30)j thance East
358 .. $ feet; thence. South 1320 :feet; thence t;/~s,t 1116~7 fa-et; th"!lnc!t
~orth 47°32 7 East 380~2 f~et; thence Horth 46°.East ~10.,6 feet;
chence North 36°351 B""t 186.9 feet; thence North 18 ;z51 Eazt 471.3
feet; thence North 4 43' East 229.8 feet to place of beginning,
containing ·180,32 acres, all 1J~i!1g in Lot 3, Section )'0 9 To"::l!l.Zthip
7 South 9 Range 97 West of the 6th P~M., ·
The old Right. of: way of' County· Road, col'tildencing at a point on Eaat
line of Saction 25,. To\:ffiship 7 Southl' Range 98 "W!!!at of the 6th
?~l·{~;; which is 1209 feet North cf East quarter cornar of oa:.a.id
S~ction 25, thence running in a North'.11e3ter-ly di.rection to North
ling of Northeast. :_quarter of Northeast quarter of Section 25~ To'lrm-
ahi.p 7 Sotith·9 .Range-98-.Wei!:t of the ·o P .. M .. P conta-ining about 2.., 2 .=.cres.
SUBJECT TO a. rea.er.vat·ion of one-h.alf of all oil 11 gng and mine:-..a.l
ri~ht.-s aa. hereinafter set f"ortho
"•' ·-..
; -,
i ·'
1-:-:
I···' ~)\
Boo\< 307
Pa6e· L,.dO
PA>.CEL 2
. ·t.:·
The E ~·· !rt'l~ 1 N ~ S:.4t of Section 17, the SE!; SEi:. . of Sec.t fo'n. i8, f.~ }.IEf ,and. };E* .SEf of Section 19, Township 7 SouthP-.Range. 97
We:'Jt of th8 6th ?.M ..
....,,_
" ..
EXCZP'I' one-half of all oil, gas and minara.l rights previou9ly
re.seryed and. subject to "' reservation of an· undiviQ.ed·'.·one-fourth
intere .. st of' all such rights as hereinafter set fOrth.
PARCEL 3
All Of the.West 20 acres of>tract 39,. Se~tion ·a·,_ To•~~:hip 7 South,
Range 97 West of tha 6_th .P~M .. ac9ording ~o the; re.server, :of Baid
Township, being the same land described. ir. the ·-ori·ginal survey
of said Townshi.p as .the W .. 20 acre~ of the_·_NE};:_.)~W~, Sec~ e .. said
Township and Range; except: 3eginning at the NW_co_rner of NEi trill
Sect~~on $_, T.own.ship _....!_·South, Range 9? West, .thenc·~ S .. ··442.9 ·feet
to a poirit, t'heriCe N_.,' ·6?0 J2f E. 89 .. 33 f'eet to. a pojnt~ thence N~
18°26' E~ 418~4 feet to a point, thence W. 179.?5.feet~to the place
of beginning, containing 1.26 acres, more o_r les_s, and being the
s~e land convey~d· as Parcel B,_ to the American Shale· Refining Co.,
in Warranty Deed, :r~~Ord~d in Book 142, P.age 66 at the public
records .o·f: ~a.z::f:L,~~d ~-Cp:u~·tr Color.,.do~ · ·· .. ;=·:
Tract 46 of. S~;-~"J •.. ·:8:~!. T-~-~ship ..., South, Range .97 -wes.t according to
the resur·1ey_ cf sa·id Township~ being the same land d~scri.bed in
i::.(~e origir .. aL:.:.Sl:!-.r·V:~.Y of said Tc.wn~hip as thF:.:E.! _swt,. SE~ lfNk and
the NW~ sEt of Section 8, said Township and :Ra.n:ge.
Traci:. 4~1 of-se::ct~i.on ·8, Tow71.ship "7 South, ·Range 97 West, 6th P.M. II
accord ing ...... to· ~t;.-.he. resurvey of sa td To';ITlshi'p ".be·ing the same land
described in: ._the .original survey. of sai.d To.'dTlshLp. as the SW}; HE~
•) ~· Section e' said Township and Range D
Tract 42 .~f.:_~:Seq~:~i'6~s B and 9" To.,.,nship 7 Sout.h)f, Range 97 1Heat""
6th P~M,."~ aCca··ro1ng to the rest:rvey of' said Town.ship bei.ng the same
l<:!nJ described in.the original survey of said Township as the E~
NEt of Secti.op -~.1::· an.cl the NWt.Nwt of Section 9; said Tow:nshi.p
a:\d P..a:nge_ll ··e.:"<c.e.p_J:,:,· road. right:o of way.
EXCEPT all Qj i·,.: . .&§1..s :a._nd mineral rights previously reser-ved ~
-·'-' PARCEL .4
-. , .. -: ,,_ -. ··;·,. ... , ....
t Lot 4~ ·SaJ~: ~i~i-::··~·~9.~'.~t'jl~ .. West Half of the S'W~ of -~Section :5 3 ~4, Tot..rnship 7 South" -Range -:97· West. of. tha 5th P .. M., '.-.,
EXCEPT al.1:-.5J:i.t ,_:., g_a;·_$. :a,.n9.." frii.ne r:al right.~ preyio.usly r.eservedo
' ~:.1.• ~.J:-2.,·--·'..: ~· ': .. · . . .·· .·.:· ·: ';•.
1'!::a HE~ SE~ p.f-: ,.S·ec.Jt-10~:·2-51' Township. 7 So1.:,th 11 :. Range 98. Wiest"" 6th
P~}·l~ and _Lot,~ 3,'.:9.f:·,_:S.e.ction 30 in Township 7 S0Uth 11 -Rancg;_e 97 West~·
6th P~.}.L, ~ excaf>t.lng ·180321 acres of Lot 3 in Section 30,, Township
7 Sout.h~ Ran.ge ·97.:, We~t.~ · 6_!:,h PoM .. heretofore. conveyed. out by
Docurru:~nt No., 419llil Garfield County .Records.,_
SUBJSCT TO a res:erva.tion of on:e-half of all oil~ ga::i. and mineral
~ights as hereinafter aet forth~
-2 -
,,
'
PARCEL 6
Book 307
Page. 481
The. i":~ NE_t; SWi: NEt··_·and th.e N·W}; .SE_~ cf Section ~5; Townsr.ip 7
South, Range 98. ·w,es_t., 6t:n -P.,M., except a small tract o-f land
contairiing .t.wo acres· of the· old dedicat.ed Connty Road as Docu-
.1:ent No~ c;o462i Gar:fi_e_ld._ County Records, and a_lso except all tilat
portion ,:f the Ei NEk of said Section 25~ lying East nf the Old
County Road and run_n:ing through said land, ':ieing 18 acres, more
ur less, a.a descr'ibed in Docu.rr.ent No. 22920~ ,"";arfield Cour.ty
Records.
SLaJECT TO a rese:r,v~.t.j.~~1 o!' ~ne-half of all oil,· gas and mineral
rights as ·hereinai'ter set forth.
PARCEL ?
TOe SEl SE±, NWt·.:,S:E~~,·.:S,Nt; }1st_, NE:t SEt, Section .24, Township 7
South, Range 98 V.:e~;st _of the 6th P.M. conta.in.ing 1-SO acres, mor-e
or less ..
SUBJECT TO a reser,;1tion of one-half of' all oil, gas and mineral
rights as Dereinafter set forth.
PARCEL 8
The S.Ei N\'/t_ and· the NE~. SW~ of .Si;ct.ion-24, 'I'ownship 7-South,
Range 98 West·, 6th P·.M., together with any and all ditch and
wat.er rights appe.r.t_aining thereto or conner;:ted~.there'With and includ-
ing, out withoi.tt J 'm)tation, one foot o{ btater in the first en-
1argoament of the Creak and N.:.-·-YllUl.n Ditch out of Rc-ar. .::-eek, being
ditch number ·27 with priority n'.1.rnbers 34-·,·o-129 ·-in \'later District
70. Except a-.JG_ foot. w.ide strip on South side-Q·f -NEt swt;:, f'or
road right of -.:_,ray, conveyed out ~y Document No •. 51868, Garfield
County Records. ·
Sli8.JECT TC_ a raser.vation of one-half of all oil,_;gas and mineral
rights as here1flarter set forth.
PARCEL 9
Tr-act 52 ( formeX.iY deScri-bed as swt; SE~ of Section 19 and the
:.·11 NE! of Sectior:i JO) ·all ir: Town.ship 7 S~uth; Range 97 West of
the 6th P~M. - .
SUBJECT TO a reservation of one-half of all. oii·, gas and mineral
rights ·as hereinafter set forth.
PARCEL 10
All that part of Lot J, Sectior. JO, Township 7 South. Range 9?
West, 6i:.h P .. M .. not included ir. th-e abo~.re descriptions .. The
Grant.ors do not warrant the title to the property conveyed in
t.hia pa::·cel, but only quit clain;a whatever right>} title ar:d
interest. they may ha Ve,.
SUBJECT TO a reservation of one-ha.lf of all oil;; gas and mineral
rights as hereinaf.t~-1:l set forth ..
No Oil) gas or minei--al ~ight.s are conveye_d \:tith parcels 3
and 4.,
-J i!.
..
Book 30?
There is not-conv~yed, but th~re is re~erve~-to the qrantor~
.:.i.ll oil,, gns and other miners.ls lying in _and t_o '·parcels .:ni.:rt:.bered
J.). 5, 6, ?~ .!}_ and lOj> together with the right t-o-_p_r-d·~_p_ec_t f~r and
·--mine the sar.:e ..
There is not c6nveyed, but there is reserved to the Granters
Ross Latham anci.-.. LeRo"y. L"ath.inr an: undivided one·-haI.f··fnteX:·est in
all oil, gas and ot.h.er mineral rights ly~ng.in and under parcel
Ho .. $1 togethe_r with· the right to prospect and;_r_emove t.he same~
·:. ' -~ :
Roas Latham an undivided one-fourth int~rest __ in., and to all all,
gas and other minerals lying in and under parcel· NOo· 2, together
with the rtght. to prospect for and re;':'.!oVe the same ...
All of the··; above described real estate is ·subject ·to ou.t-
~ :-
.:ltanding o-il -a:nd· gas.·leases of record, except pa:r::-cels 3 and 4, . ':
and this conveyan.ce_ 'is. made subject thereto ... There is hereby
·i: -_._ ;. -· .:
assigr-.ed to the~;c·rantee:.s an undivided intt!'rest in such out111tand-
ing oil a:i.d gas -1·ea·s __ es·1 and the: delZ:yed rentals i:n-pro·po:r'-tion to
Grantees' intere·st:~'.:·1.n.:0:tp·e_:;,~il, ga.s and mtner~·~Y-~_i-ghts hereby
Thare is also co.nveyed all ditch-es, ditch __ righta 9 \Thlter and .. ,_ .. __ '_·-.::-,,,~ '-:~:,-;,-.. , . . --'.
'--tater rights·:. belong1ng-:~ta-·-"·o·r appertenant. to·· thS~.:~bCrre·· described
pa?"ce:ls of real estate, --including, but not limited to the folloWing:~
. ::. :,: :: :: ._:; : ... ::2 -
c.:.:n\tell Ditch~ ou.t Of
Co1·.n Creek~original
l;;:t Enl;o
2.nd En.l ~
~ r-cl Enl ~
J~':h Enlo
Dom~stic-Ccnwell Ditch
Cis3n.-:t No .. l··· -···
Cissna Ne" 2
?rioritv No.
23
52
]l?Bil
1<7 ,.
181QQ
1
154BBB
154BB
... l~ -
··.·. Date of:Priority Sacond F.ial:
4-13-84 2,80
2-lG-86 1~60
4-1-92 Q,10
5-19-'lL: .o.oe
2-l-'Z4 4 .. 7:2
J,-lJ-84 LOO
5-1-10 0,50
5-' l::ClO 0,50
•,
·:.
' .....
•
'~~·-::'=':.-:.. ~~· 1:iar )it.ch)
:...1ut .-,~-Re.:.:: '"'.reek
;":.;. '._;.· _::~'1]
:::.a1-:~r & Bowdish o·j.tc.h.,·
(~t of CQnn Cre~k
,).ri t;inal
l:.;".. C:!ll~
2r!.d Er.i ~
iJorr.0 st ic
3a~er Creek CanycL Ditch,
Bj.ker Gulc-:1 1 a tribt;ta'r~v: ··
181-(1~
-;;3
l 5 )AA
HUPP
15~,,.AA
't.':.l l i3..ms D l t ch, c;·n-t of
\;cn:1 Cr,;i~k 94
' . ' ,.•' .-_
Cc 1~1-Cre.ek ri.{c-~}~:r'-~~~~·-,. .. ~~~::-''·'···.
c~ Conn Creek lSlA
1 :-1 ~-2i':··
:-.-11-e ·
.-;'-1-2-·-i.
~-1.:.:..:-eo
s-1::_04
2..-}-2:...
'-l:-8·'·
4-1-C.9
2.-93
" '
Book 307
Page 483
".o·:·
-~l.2" (!Ja:-::
·2" ~"-;
'') ~ 21.
:':1 .. -~ ·':l
i., ;;.c . :-.
l~_?·J .:1.hsol~1:e
1~5 condit.i(1nal
.There is als9"·--·f:).ereby c:cnveyed as··appi.:rtena'tn:.·· to the above des-
~-,
cribed rea) .. est~i-e al·l Public Domain, grazing rights,. perm~-ts a.nd
"-' ~ .. :c.;~ '.-_=,:_:,': .
privilei~s ..
T·ere is hwr~~y conv~y~d t~e fjove desc~i.bed· ~e~l ~s:ate with
:..-.: a1.l existing'.~t~~~~~·i:_~-·.roads _ar.t.i aasements; anJ: :;1:~~b:j~~C-t-·to .:;i
r·~·s-=rvation of ;~~Q·i·~;:_~£~~J-~>~~s and mineral right.;s-,a1~,-~~~~h6~~ set:.,-forth,
:_~~;_:~;}fV~:_:J."~: _, -: -··
arid also suoject :·:.t.<Y~~~_x:.i.-s:t.ir:g L~il and gas .1.e.::.ses:~'.~b:;·;_.!-ecord ..
''\: :.;;~;:.~.-~~~~~~~:;~:..'..
s~~ne<l and Jeliv~r~d-t.tis
.. A (SEAl.)
( :Oi:AL)
it· . '
1..:
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.
=;.:,%~·
·<
:..iI't\':.'~ \~·f' C:0LO!-'_o\DG j
) s s.
CCUN;Y OF M ~ SA;
1'h.=:! :vr.egoir.~; instr-umer.t was a~kno,,..·ledged· befor~ me this~
d.~ LeR.·JY Leth~m, a:~so;. kncY.T. as .leRcy 8,. Lathan. and. LeRcy ) •
.. ~~ ·~
,-";
" (
N0%r~ Pttblic_ ·_. .
·" --
Filed f"or. record Apr1L4, :I.958 at lO:JO A. M., and recorded in book JD7_at __ page 4_'i'9'thereor.
···-:.:..:_.
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6
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f ·:;:·~r . <:"·"• .•
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---------...... ---,-.... ____ ,__ -~~--,---~-
,~-------_ --]-
\ ______ ---
Recorded at 8:35 A.H.
Reception No. 253050 March 27, l 972 Book 428 .
Ella Stephens,Recorder.P!lge 455
SHORT FORM OPTION AGREEMENT·
lllIS SHORT FORM OPTION AGREEMENT is made this 23rd
day of March, 1972, for purposes of recording, by and between
JOHN W. SAVAGE and JOAN L. SAVAGE, Optionors, and GETTY OIL
COMPANY, a corporation authorized to do business in Colorado,
Optionee, WITNESSElll:
Optionors hereby grant to Optionee the right and option
to purchase the property, real and personal, hereinafter described,
situate in the County of Garfield, State of Colorado, ·to-wit:
A. RESERVOIR SITES:
It is agreed that Reservoir sites t;:o be conv.ey~d
hereunder·shall be:
Any and all rights of the Optionors in.and to the
Roan Creek Reservoir site and water right, or
rights, incident to.said Reservoir, including,
but not by way of limitation, any rights to the
Long Point Reservoir, and Reservoir site, acquired
by contract with, or conveyance from, the Colorado
River Water Conservation District, and water rights
incident thereto, together With any and all filings
and rights (claimed by Optionors) incident thereto
made by Optionors or by the Colorado River Water
Conservation District in connection with either of
the said Reservoirs. Optionors warrant and represent
that their rights consist of an undivided one~half
interest therein.
B • THE LA!ID:
It is agreed that the land to be conveyed hereunder,
located in Garfield County, Colorado, is described on Exhibit
"A" attached hereto, and, by this reference, made a part hereof.
-1-
'·
•
.. /'
:-:.$r·.~-~-.~·
, .... •
·--·------------~·-
Book 428
Page 456
C. WATER RIGHTS:
It is agreed that there shall be conveyed hereunder
water and water rights, ditch and ditch rights, belonging to,
or used upon or in connection with, and appurtenant to, the land.8
described in Paragraph B above, which are diverted from Roan
Creek, including the rights of Optionors in the Hobo Ditch,
Clear Creek Ditch, Creek and Newma~ Ditch, and the Creek and
Newman Ditch First and Third Enlargements.
Said Option shall continue, for good and valuable
consideration, to the first day of January 1973, all in accordance
with the terms and conditions set forth in complete detail in·
that certain Option Agreement betwe.eo the parties hereto· bearing
even date herewith.··
. IN WITNESS WHEREOF, t~e parties have hereunto set their
hands the d,ay and year first a e written. ·
../._" IV . J,.,,_,,,..., /lo n .w. Savage · I . ~ ~~ 41!:=. I' .
F·Savage
OPTIONORS
:rnr;r~.
Attorney-in-fact
OPTlONEE
instrument was acknowledged before me this
by John w.· Savage and Joan L. Savage.
expires:
~-~;ryJ~tf~
·:··
·.· .....
. ',_ ~
-·---------------c-· . --:--"--
Book: 428
Page 45?
Tract 1: The S!,lill!<, llllllcSll!r and the li!i~Sli!c of Section 14, the
EJiifi3( of Section 15, all in Township 7 South, Range 98 Weat, 6th
P.H., containing in all 220 acres, more or leas, accord.in; to the
u. s. Government suzv.ey thereof':
Tract 2: The W!iS~, S~Sli!c and Elf ~Sli!c of Section 14, Townahip 7
South, Range 98 Weat, 6th P.M., containing 140 acre•:
Tract 3: The llrt:NE3a: of Section 14, Township 7 South, Range 98 Weat,
Gth P.H., containing 80 acrea:
Tract 4: The Sli!cSli!c of Section 13, S~S~ of Section 14, ~
of Section 23 and the !Si~ of Section 24, all in Township 7 South,
Range 98 Nest, 6th P.H.:
Tract S: The ~s~ of Section 14, ·and the ~S!:Jc of' Section 15,
Township 7 south, .Range 98 West of the 6th P.M.;
Tract 6: The s!il,m:lc, ~. s~ and the~ of Section· 23,
the SW~ and the ~ste.c of Section 24, all in Township 7 South,
Range 98 West of the 6th P.H.:
Tract 7: The Si!ind.I and Lot numbered 2 of Section 30, and the sEJ&sWlc
of Section 19, Township 7 South, Range 97 West of the 6th P.H.,
containing 157.34 acres.
Lot l of Section 30 1 in TownShip 7 South 1 Range 97 Weai't o!' the
6th P.H., containing 37.19 acre•.
All that.portion of the~~ of Section 25, Township 7 South,.
Range 98 West of the 6th P.H.,. lying East of the County· Road
running through aaid land, being 18 acres, more or leaa.
The SE!cSE3t of Section 25, Township 7 South, Range 98 West and
the E!fSWl:i and Lot 4 of Section 30 1 Township 7 South, Range 97 Weat
of the 6th P.H., containing 157.63 acres •
Beginning at a point which is 961.7 feet East of the West Quarter
corner of Section 30, Township 7 South, Range 97 Weat ·ot the 6th
P.H., (and on North line of Lot 3 in said Section JO): thence Eaat
358.8 feet: thence South 1320 feet: thence West 1116.7 feet: thence
North 47032• East 380.2 feet: thence Borth 400 East 310.6 feet: ·
thence Borth 36035' Bast 186.9 feet: thence Horth 18025' East 471.3
feet: thence North 4043• East 229.8 feet to place of beginning,
containing 18.32 acres, all lying in Lot 3, Section 30, Township
7 South, Ranoe 97 West of the 6th P.H. ,,,
i The old right of way of County Road, collmencing at a point on Jr:aat
/ line of Section 25, Township 7 South, Range 98 West ot the 6th·
,_ P .. H. , which is 1209 feet Borth of East Quarter corner of said
) Section 25, thence running in a Northwesterly direction to Borth
line of Northeast Quarter of Northeast Quarter of Section 25,
Township 7 South, Range 98 West of the 6th P.H., containing about
2.~2 acres. ·
Tract 8: The NEJ(s~ of Section 25, Township 7 South, Range 98 Wut,
Gth P.H., and Lot 3 of Section 30 in Tolmship 7 South, Range 97 Keat,
6th P.H., excepting 18.321 acres of Lot 3 in Section 30, Township
7 south, Range 97 West, 6th P.H. heretofore conveyed. out by
Document No. 41911, Garfield County record.a •
. -~--------·--------·---
r:
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Book 428 Page 458
Tract 9; The E!iim:lt:·; S~ and the mf!..(s~ of Section 25. Township
7 South, Range 98 Vest, 6th P.H •• excep.t & small -tract o:f land
containing two acres of the old -dedicated County Road aa Docuaea.t
Ho. 50462, Garfield County recorda, and also except: all th01.t·
portion of the :S,:NE\ of said Section 25. lying East o:f the old
County Road and running through said land, being 18 acres, llOR
or less, aa described in Document Ho •. 22920, Garfield County
recorda. i· ! ! I
Tract 10: The
7 South, Range
or lea•.
' I' Sf%Sf%, """Sf%, S~, llf%SE)c, Section 24, To...,ahip -
98 West of the 6th. P.H •• containing 160 acrea, mo~
' ! •
Tract 11: The S~ and the ~S~ of Section 24, ·Tow.ship 7
South. Range 98 West, 6th P.H. Except a 30 foot wide strip on
South side of ~s~, for road right of way, conveyed out by
Document Ho. 51868, Garfield County recorda.
Tract 12: Tract 52 (formerly described as Sl6:&SE!i of SecUon 191
and the iai~ of Section 30) all in Township 7 South, Range 97
West of the 6th P.H.
Tract 13: All that part of Lot 3, Section 30, Township 7 South, .
Range. 97 W~st, 6th P.M,._, not included in the above descriptions. 1 Together wLth Bureau or Land Management Grazing permit for 40 AUM a
in the McCurdy Wash Allotment.
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RECORD OF SURVEY
7> .•
OF PORT IONS OF ~ <t572t~
SECTIONS I!, 14, 15. 23, 24,25 8 541 ':7J
T.75. RHW -· ... ,
TRACi,.. CEGREGATIONS IN
S[CflOtfl II AHD 30
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UM"tlL.D COUlfT'(, ~AOO
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ENGINEEft"S CERTlf'ICATE
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LEGEND
Fo1,1nd Corner
S•t Pin
Witn111 Corn•r
Troet Nuinber
Troct Corner (Found)
RECORD OF SURVEY
ROAN CREEK BASIN
GA"FIELO COUNTY, COLORADO
Dnr I L...,..... ottAnlHo RltvlCE
UAAT, 11973 ..... o """'CTIOll, CDLOllilOO JS•
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Book 44."
Page -38
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Harell 20, 19?3 Recorde~ at 8:10 A.M.
Reception No. 257435 Ell~ St~phens,Recorder.
-J!I!! "'''"'"" Ill MAJ! 2 01973
! 75.110
JOHH V. SAVAGE and JOAN L. SAVAGE• whose add.res"• i•
Route 1. Box 107. ltifle. Colorado, 81650, for the conaideration
of seven Hundre4 Fifty-Eight Thousand and 00/100 ($7Sa.ooo.oo>
Dollar•. in hand paid. hereby sell and convey to GETTY OIL COKPAllY,
whose add.re•• is P. O. Box 54050. Los Angeles. Califomia. 90054.
the follovinq described real property in the County of G&rfield,
State of Colorado, to vit:
Tawna.hip 7 South, ~ge 97 West, 6th P.ll.
Section 19: s.&Jisw~ al.so known aa Tract 51, SV!i~
Section 30: 11\i, wi,BEloi
Township 7 South, Range 98 Meat, 6th P.M.
Section 13:
Section 14:
Section 15:
Section 23:
Section 24:
Section 25:
Together with any aineral rights "owned by grantor•
in connection wi tb the above-described land•• and
together vith any rights under any exiatinq oil and
ga• leases (which riqhts are transferred .without
warranty),
Together vith all improvements located on the ~ve
deacribed. real Property, including, vi thout -liai ta-·
tion. all buildings· and ot:her structure•, lavn,
fences, trees, and landscaping, if any, in t:heir
present condition. ordinai:y wear and tear excepted;
Excepting" therefroa the follovinqs
. (lJ-Roadway• and road. rights-of-way:
(2) Oil and 9.aa lea .. •:
(3) Reservations, rights-of-way, ea•ementa and
covenanta of record or visible on the premise•,
if any:
(4) Water a.•Hssment•, toll fee•, and ail.lntenance
charge•. and liens created thereby, if any:
·(5) Zoninq ordinance• and regulations, if any:
(6) Statutory diatricta, such a• soil and water
c:onservil.tion diatrict•, if ii.Dy:
(7) Taxes and special aasa•smenta ·for tho calendar
ye&r 1973;
(9) Any l~d•, title to which may have been loat or
acquired by reason of aialocation of fence
lines or inaccuracy of governmental., or private.
survey• .(provided. however, the 9rantor herein
doe• hereby convey and quitclaim unto tho above-
niilled grantee, ti tl• to any such lands vhicb aay
have been eo loat or acquired, if any>:
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Page }9
( 9) 'HinerU right• not acquired by t;r~tora;
(J.O) A certain leaae dated December 31. 1972•
between grantors herein and COH-HOtnrrAll
COOPERATIVE CATTLE ASSOCllTIO!I• which lea ..
the grantor• herein do hereby transfer ·and
.assign to grantee•
with al.l it• appurtenance•, and warrant the title to the saae
(except aa herein specified). reserviDIJ. however. unto the
grantora a road right-of-way for acces• to the SE~~ and the
N'E~SWlc: of Section 27 • 'l'ovnship 7 South. Range 98 We•t of the
6th P .K.. over and aero a• those portions of Section 15 berein-
above conveyed.; provided, however, that grantee aay require the
grantor• to change the location of any access road provided that
reasonable access i• afforded to the grantor•, their heir• and
aasiqna.
Signed thi• 6th day of Ha.rch. 1973.
STATE 0!' COLORADO
comrrr or 'I~
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JOAN L. SAVAGE '
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"nle foregoing inatrument. vaa acknowledged before •• thi•
6th day of Karch. 1973, by JOHN W. SAVAGE and JOAH L. SAVAGE.
Hotary Public
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Reco~ded at 1:59 P.M.
:Reception Iro. 257755
.lpril ~ll• 19?3
Ella Stephens,Recorder.
Book "3
!'age 2'.
IU THE DISTRICT COURT IN .AND FOR TiiE
COUNTY OP Gi'-.RFIE:LD rum STA'L'E OP COLORADO
Civil Action 1:-0. 7307
THE JO-JO OIL SHALE CO?-'...P AllY •
a linitcd Partnership: JOHN w.
SAVAGE: and JO.AN L. SAVAGE,
Plaintiffs,
vs.
N.A.P.GARET JOA?Ili AllaICH: THE BOARD
OP COUNTY COMI-1..ISSIONERS OP THE
COU!lTY OP GARFIELD: E. L. BUSBY,
LYNU HILL, PETE J_ MATTIVl, as
County Commissioners of the
County of Garfield; DO~~A COFFMAN;
CALEB H. CON>;iE:LL: C. H. ·COU:iELL;
EARL CO!:WELL: KElntc:TH CONWELL:
LOUIS CO~"WELL; RAY H. co;;n'iELL: ROY H.
COUWELL; WADE com·1ELL; LEE R. ·JOHNS;
LESTER B .. JOHNS; HILT.IN-I H~ JOHNS;
WITT H. JOHNS: l·IITT Jo~s: RUTH L.
M.CQlr'EARY; M..a...E E. STON,ER; MABEL
TREMBLEY; and all unknown persons
who claim any interest in the
subject matter of th~s action,
Defendants.
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THIS CAUSE coming on to ·be heard,
THE COURT .FINDS:
That each defendant herein has been properly served as
required by law and rule of Court; that ~ ;f 1/? , 'f"
a~torney at law. has been heretofore appointed and appeared for
any and all defendants who are in. or who may be in, or who may
have been ordered to report for induction into. the military service
as defined by the Soldiers• anC Sailors• Civil Relief Act of 1940,
as Amended; that this is an action in rem affecting specific real
property: that the court has jurisdiction of all parties to this
suit and of the subject ~atter thereof; that the allegations of the
complaint are true: that every claic made by said defendants is
unlawful and without rights; that no defendant herein has any title
or interest in or to the property described herein or any part
thereof; except as hereinafter stated; therefore
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Book""'
Pago 2~
IT IS ORDERED. ADJUDGED .ru:m DECREED (l) that Exhibit
·A, attached hereto, and by this ref~ence .~ade a par~ hereof,
describes the center line of an exis~ing public roadway, known
as RO;·,!! CREEK COUNTY RO!J), and the CoU."lty bf.Ga:::'field has all
interest therein as may be provided by law: ( 2) that .John \i'.
Savage and Joan L. Savage, Plaintiffs, at the time of the
comraencernent of this proceeding, were, and they are now owners
of record in fee simple in behalf of The Jo-Jo Oil Shale Co~pany,
a Limited Partnership, also a Plaintiff, with right to possession,
of the real property situate in the County' of Garfield, State of
Colorado, described with particularity on EY.hibit B, attached
her1.?to, and by referenc·e made a part hereof, subject to the inter-
est of the County of Garfield in an existing roadway, known as the
ROAU CREEK COUNTY RO,'\D, the center line of which is described "1ith
particularity on Exhibit A, att~ched·hereto, ~nd by reference raade
a part hereof, that complete fee sirnpl.e title in and to said real
property be and the sarae hereby is quieted in and to the.above
persons; and that each of the defendants has no right. title, or
interest in or to the said real pro~erty or .any part thereof,
except as herein provided; and they are forever enjoined from
asserting any claira, right, title, or interest in or to the said
real property or any part thereof, except as herein provided.
Done in open Court, the __ ~~--day of April, 1973.
Approved as to form.
Fee received.
BY THE COURT:
JUDGE
DISTRICT COURT OF GARFIELD COUNTY
GLE'-"1\'00D SPRP.<GS.-<:Xllt~
. • I' ' -~-~ ~~ .. ~ ... '.''°&.q,~~,,., the Certified \0 be :1 {u •. , .TUI.: ~' •• '~"0 '".~ 'i" ~+<'d':~-7L'==,;"'~-='--'-----I-p ~ • c:a '• (',; ' ''ILIT'"Y -~001· y ~,·,..iDBl iD my c1:stu:!:1·. :,~··· _.,,,,. '• ·"' '•
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RO.:.u>:·l.i\Y Book -"3
Page 25
The center 1ine of an existing public roadway is described. as
follows:
Co~mencing at a point on the South 1ine of the SE~ SE~ of Section
25, T. 7 s .. , R .. 98 1'1' .. , frpm which ·the s .. E .. corner of said Section
25, bears ?1 .. 89° 35 1 29 .. E .. 670 £t .. ;
Thence ?l .. ·30° 25" u. 56 .. 0 1 ;
Thence N. 40 25' ". 837 .. 0":
/
Thence N. 18° 45' II. 435 .. 53':
Thence ". 10° 30' w. 1566.28°:
Thence N. 70 so· w. 699.67•:
Thence N. lo 14' 11. 814 .. 67°:
to a point on the Uest line of the N.E.!.i" rr. E.~ of said Section 25:
Together with:
Commencing at a point on the South line of the NU~ SE~ of Section
24, T. 7 s., R. 98 u .. , from which the S .. E. corner of said Section
24, bears N .. 81° 5 1 59• E. 1319.75 ft;.;
Thence N. lo 14' ". 306 .. 92':
Thence N. 310 48' ". 1666 .. 23.:
Thence N. 33° 42' w. 2682 .. 78':
to a point on the North line of said section 24;
Together with:
Commencing at a point on the East line of the SH3..! Si:~.: of Sec"tion
13, T. 7 S .. , R.. 98 W .. , from which the Southwest corner of said
Section 13, bears s. a1° 19• 39 .. w. 1322.44 ft.:
Thence N. 33° 42' H .. 347.22':
Thence N. 47~ 51' 45" w. 1086.72';
to a point on the North line of the s .. w.!:i; s.w.~ of sai·d section 13;
Together with:
Commencing at a point on the East line of the NW!.;: SE~ of Sectio!l
14., T .. 7 s .. , R .. 98 w., from which the East !4 corner of said Section
14, bears s. 46° 7• 22• E. i913.19 ft.;
Thence N .. 53° 08 1 \I. 519.09":
Thence N. 50° -!9' 1·1. 960 .. 87':
Thence N. 55° 10° w. 867 .. 91':
to a point on the North 1ine of the S.E.~ N.1·1.~ of said Section 14:
EXHIBIT ... A .. -Page 1
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Page 26
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Together with a public roadway. the center line of which is
described as follows:
Com:iencinq at a point on the East i·~ne of SectiOn 24. T. 7 s.,
R. 98 w. from which the S.E. Corner of said Section 24, bears s.
o0 23• SJM w. Jo.oo•:
Thence N. 89° 27' 45" w. 1321.32':
to a point of intersection with the East line of ·N.S. county road;
Together with a public roadway, the center line of which is
described as follovs:
Commencing at the N.E. corn.er of Section 15, T. 7 s., R. 98_W.;
Thence N. 89° 44' 35'" H. 1321.42 ft.:
to the N. W. corner of the NE!.f; NE!.., of said Section 15;
All in the County of Garfield, State of Colorado.
EXHIBIT "A" -Page 2
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':!:":!C': 1: Th;, s:!1~r.1!f .. h-,.;~s~ and the ;..~1rz.1;is~1!.i of Section 14., t.!le
....:.;:i2!:; 0£ S~c-cio:i. 15., all in To• ... -;iship 7 Sout.~, R:=.."":.qe Sa 'ilest, Gt:..'i
?.!i., c..:i~~:i!:;"l.i:i.t; i:i. ::il.l 2:0 ~c:-~3, ·core o: lnss, <?.c::o:::-cling to t."1.a
u. s. Gover!'!.!"Je>:.t :::.:.:.;;<;ay th.:?r.:o=;
':'r:!:ct 2: Th.e ";,1!3::1.i;, S;::lo;s::!i £1.r:.d ;:2~ '!.~S};1; of Section l~, ~r".)1~n:;hip 7
Z:>uC:'l, :t~~;I<:t 33 ::~s':., Gth ?.a., co!::tc.:!...'li::.g 1:40. ac:es;
':°?:":let 3: Th~ ~~:~ 0£ Sect.icn 14, 'i'o\·.n~'!l!p 1 so·~':h, Range 93 He.st,
bi::.~ P.H.., conta.i!'.li.,g 00 ac:as:
T:.::lct ~: ~~e 5w"~s;;'!i: of S~ticn 13, S'Z~.;s:::~ o!: Section 14 .. l:i::::1s~rzl,:
0£ ;.>ec;:.:.on 23 a.'1.d the li!i2.i-;~ o!: Section 24., .:ill. in To:.ir..shi? 7 Sou~'l,
Ranga !)3 H;::ist. 6::.'li. ?.n .. ;
'?ract 5: The s-,..r~s:;!f of S~ilon 14, and t.'1e qsz!:i: of Section 15,
To· ... ns.'iip 7 Sout.'11 !li'.!..1.ge 98 ~~est o,f t...'le 6th P.H.;
'?ruct 5: ?he S~~~. ?W;t..'r~, sz!.~~t and th~ bli!.!!S:t of Sect.ion 23,
ti:.e Si'•,.:1.i!s° and the ~...,_i!tS~1: of Section 24, all in ':'o~ .. nship 7. Sout:"l,.
R::m.ge 98 i:iest of t.lia 0th P.1-l ... ;
T=nct 7-: The E!1!1,;lj and Lot nu.."'\hered 2 .o:f Sectio:i 30, arr.d the S'C%S~
of ::-:ection 1.9, To~nsbip 7 South, Range 97 West of ~1e 6t.'li. P .. M ...
containin.q 1.57.24 ac=es ..
Lot l. of section 30., in To\.msl::ip 7 Sout.-,., Range 97 1;ii?st 0£ the
6th ?.:-I., conbi;,ir.;; 37.19 acres.
All. thnt portion o'f t."1.~ ~!IB!,s ot S-3ction 2S, TcV:'lshi;p 7 South,
P.ange 9'd i·;ast of t.°'le .6th P • .!-1 •• lying East 0£ the Cou.""lt.y Road
~1.ning "t.:~=o~~~ ~aid la~d, b2ing 18 acros,.co=e or less.·
T?le S~.lSZ~i 0£ Section 25, Totmzbip 7 South, Range 9g H-=-st and
~.:.°'le E!i:1>i~ a.'lcl Lot 4 of S.x:tio:n 20~ To~m:;hip 7 south, R~nc;e 97 West
of the: 6th ? .. :H.,. containing 157.63 acres.
B~'Jinning at a point ....-hich is 961. .. 7 feet East of tho 1·:est Quarter
corner o= s~ction 30, ?ot.ndhi::;> 7 "South, Range 97 ;·;est of tl1c 0th
?~:-!.., (a.-:.d en !Oorth line of Lot 3 in sail.! t:ection 3~): t?'l~nce East
358.9 feet: thence Sout~ 1320 £-~et; ther.ce ~·:est 1116. 7 Zeet; t~1:enc9
~l'orth 47032• 'Sa:;t 380 .. 2 f~et; the:!C·'2 ll"o:"t..""l l;QO Z~st 310 ... G :feet;
th~nc~ 1;-o=th 35035• Eas!: 1G6 .. Q :feet; t!lence .:.-:-or~'li inozs• East 471..oJ
fc~t; thence 1io:rth 40.i,3• East 229 .. 3 feet to plac~ cf ~~gin.cing,
co:itai:iing 18 .. 32 acras, all lying iil Lot 3, Section 30, ':i:o• .. nsi."-!.p
7 Sout.."ri, r.:..:i.n<;e 97 !"l.'!St Of t.'1~ 6th P.H ..
The o1d right of way ot County Road, co~.;;:iencing at a !?Oint on East
linP-o.=-Section 25, To~·.us:'lip 7 Scuth, :ta."1ge 93 West of the 6t.'1.
P .. H., !·."hich is 1209 feet Uorth' of. 2ast Qua=ter co:n~r of s:iid
S~ction 25, thence running ill LI lTorthwes!:crl:z direction to l"lort."1.
lini? o= :i.:orthca::;t Qu;:i.rtc= 0:5 11oit..lt~ast Qu:i.rte: o:!:. S~tion 25,
Township 7 Sou~, Riln~e Sa ~·Jest Of t.~e 6th P.H .. , cont.:?in.!.ng ~out
2 .. 2 acres.
T::-nct 8: 'i'he }~S2~ of' Sc-ct.ion 25, To'.-ms:-:.!p 7 South, Ranc;e 98 \·Iest,
G::b. ?.;.~ •• and Lot·3 of s~ctiO~ 30 in Towns:"lip 7 Sout:h, !ta.-igc 97 1.:est,
6t...'l P.H., excepting 18. 321 .nc::::es Qf Lot 3 in Section· 30, ~own.ship
7 South, Ri!r?.ge 97 Hest, 6th ·.i? ... H •. heret::>fore convey~d out by
Docunent :ro .. '~1011 .. Garfi"eld ·eo~t.Y rec.ord~.
EXHIBIT "B" -Page l
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Book 44}
Page 28
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'l'"::"c:icl: cJ: 7'!:e :EJ~:...::l:i; s~-·~~;z:;. and t."'-i.~ 1-n;~sz!i 0£ Section 25, To-...nahi"O
7 ~o:.:.t..'1., :t.~"l~e 93 ~lest, 6ta ? .. !!.., c;c.ccpt a .:::;::i.all tr~ct o:f l;i.."1.c! -
cont::iini~g t· .... --o ·nc:::e.s a:: t.."'.."2 o!.d · C.eei..ca':.cd Coun':.y :toaU a~ Docur:ient.
::.;o .. 50~52, G;;i::-fi:?id Cc"l.!!l~Y recorC..s, a.;d al:.o e.::c<!9t all that
~::ir':.ion of th'! ~~~ of said Sec ti.en 25, l:ri:ig Zast oz the old
Co;.I.,_ty ~~o~·:!. ~:1U r'..!..""":.~i:•q t.~::::a.:.::;:~• . .::::.iC l:!~tl, b~in::; .13 ~-=r~s. ~o.ra o= less, <:r.s clesc.?:"ibeC._in Doc"l!!:!i::nt !iQ .. 22::120, Ca:-ficld Cou..,ty
::-eco=d3.
. '
':'::--,ct '!.IJ: The 5:::.!;Szl.t, 2;;-;;!.-::;;::J~, s:;:,:;::;l.:(. ~Tz;.:s~;.,, S:~'.::!:.io'1 2..;., To~ .. -n~hi;J
7 :..iou::~'l, :·:.:i.-:ge 93 :ie~~ o:: t .. ~e G::h ? .. l-1., c:i::.tili!!ihc; lGO o:i.cres, no=e
or 1-.:?.ss ..
':"r~ct 11-: The S~~-:;!t <J~d t-~a 2"1:=:!.is·.1~ of Section 2~, 'i'o-:,,,nship 7
Sou~"l. ~~a::.s;e 9a :·:est, Gt":t P.~·!.. E::::cpt a 20 foo!:: ;..:ice .$l::::"i.? on
Sout.~ sida o:: ~G!tS':'i~. for ::-oad ri-;ht of t~ay, conv2y~d out ·by
~ocu::::enc llo. 5l353, Gar~ic!d Cou..,cy z~co:d.;;.
T?:"act 12: Tract 52 (fo~cz-ly C.ascribed <.13 s:;~sz.l; of S~tion 19
a."ld t..;"'.?.e ;~~~ o: S2ction 30) all in '!'ow&?shi:;> 7 Soui:.11. Ra."lge 97
"t:est o: the 6th P .. N. ..
'??:""U.ct 13: .All t:~at po.rt of Lot 3., Section 30, Zo~-:!lshi? 7 South.
Ra."1.;:a ~1 West:., G~ P.!·1 .. , not i.."l.cluC.cd in t.;.e <'!bove dzscriptions ..
EXHIBIT "B" -Page 2
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JUL 24 1980
BOOX 552 PAGE912
PIPELINE EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made this -~30~t~h~-day of
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__ J~u_n~e ___ , 1980, between GETTY OIL COMPANY, a Delaware
corporation, hereinafter referred to as "GRANTOR" and ROCKY
UNTAIN NATURAL GAS COMPANY, INC., a Colorado corporation,
ereinafter ref.erred to as "GRANTEE";
W I T N E S S E T H:
THAT WHEREA.S, GRANTOR is the owner of certain real tr ~. ~) \i proper~y in unincorporated areas of Mesa and Garfield
·~110 '(! , State of Colorado, as more fully descdbed in Exhibit . ~i("J
Counties, (\,~l
"A11 and E;(h~'E
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attached hereto and ~ade a part hereof; and
WHEREAS, GRANTOR desires to grant and GRANTEE .desires
to acQuire certain rtghts in a portion Of ~he area described
in Exhibit "A" and Exhibit 11 B";
NOW, THEREFORE, in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration,
receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
SECTION ONE
GRANT OF EASEMENT
GRANTOR hereby grants to GRANTEE, its successors and
assigns, subject to the terms and conditions hereof, t.he follow-
ing easements:
A. A right-of-way for the purposes, from time to time,
either as a common or private carrier, of laying, ccnstructing,.
operating, inspecting, maintaining, repairing, replacing,
substituting, relocating, and removing an 8-5/8 inch o.n.
pipeline (with valves, meters, fittings, appliances, and
related facilities) for the transportation of natural gas
and associated liquids and gases, over and through the follow-
ing described land, hereinafter referred to as tt:Le "Easement
Area", in the Counties of Mesa and Garfield, State of Colo~ado:
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(1)
(2)
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BOD~ 552 PAGE913
A strip of land fifty (50) feet in width, the center
line of which is described by metes and bounds in
Exhibit "A" hereof, and
a strip of land fifty (50) feet in width, described by
metes and bounds in Exhibit "B", the easterly ten (10)
feet of which shall be a permanent easement and the
westerly forty (40) feet of which shall be used solely
for the construction and maintenance of the pipeline
or pipelines constructed upon the said ten-foot permanent
easement; it is 1Jnderstood that no pipeline or other facili-
ties shall be constructed upon said forty-foot restricted
easement unless any applicable federal, state or local
govei-nment: law or regulation requires a wider spacing for
.the construction of a second line under Paragraph B below,
in which case the ten-foot oermanent easement shall be
extended to the minimum width which will accomodate such
second line under said laws and/or regulations;
together with the right to construct, maintain and operate, appur~
tenances and devices required for the installation, maintenance and
use of the pipeline and all sJJch appurtenances and devices, except
as above limited, which will hereinafter be referred to as
"facilities".
B. GRANTOR also hereby conveys to GRANTEE the right to lay,
construct, operate, inspect, maintain, repair, renew, substitute,
change the size of and remove one additional line of pipe at any
time on, in, over and through the above described land parallel to
the first line above mentioned; provided that each such additional
lin~ shall be laid subject to the same rights and conditions
as apply to the ori~inal line; and provided further that all
pipelines constructed under this grant shall be confined to the
strip of ground ten feet in width shown on Exhibit "B".
C. GRANTEE shall have the right of ingress and egress in,
on, over, across and through said above-described land for any and
all purposes necessary to the exercise by GRANTEE of the rights
and easements granted herein; and
D. GRANTOR excepts from the foregoing grant of easement· all
ores and minerals in, on or under the Easement Area, and reserves
the right for itself or its assigness to explore for, mine, and
remove the same, subject to the termination provisions of this
agreement; and
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P!.GE91'1 BJOKi267 fAGt28fl
E. It is recognized that Grantor does not own full interest
in the E/2 NE/4 and SE/4 SE/4 of Section 29, TBS, R97W, and it is
agreed that Grantee shall use its best efforts in an attempt to
secure grants of right-of-way from the owners of the remaining
interests therein to construct its pipeline or pipelines in
accordance herewith. Upon refusal of any of the remaining interest·
holders to grant such right-of-way, Grantee shall have the right,
and is hereby granted such contingent right, to construct the
affected portions of said pipeline in the westernmost fifty (50)
feet of the W/2 NW/4 and the NW/4 SW/4 of Section 2B, TBS, R97W,
with the eastern ten (10) feet thereof being the permanent ease-
ment and the western forty (40) feet being the construction
easement, such as above described.
F. This easement is made subject to all existing easements,
rights-of-way, licenses, leases and other agreements affecting
the surface or subsurface of the Easement Area; and
G. GRA~TTOR makes no warranties or representations concerning
the title to said Easement Area.
A.
SECTION TWO
COVENANT THAT OPERATION OF EASEMENT
NOT INTERFERE WITH SERVIENT TENEMENT
GRANTEE agrees to maintain and operate the easement herein
granted in suCh a manner that the operation thereof will in no way
hinder or prevent the proper and reasonable use and enjoyment,
including ranching and/or cultivation of the adjoining property
owned by GRANTOR at the date of this conveyance.
B. GRANTEE shall have no right to locate any permanent sur-
face installation on any part of the easement without the approval
of the GRANTOR.
C. GRANTEE agrees to use its best efforts to remove top-soil
from the easement separately from other material removed by GRANTEE
in the construction of any pipeline or other permitted structure,
and to replace such topsoil in the easement on completion of any
such construction. GRANTEE further agrees to use its best efforts
to insure that the easement shall be left free of any large stones,
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B3DK1267 fAGt287
BIJ'JX 35~ Pl.GE915
holes, or piles of dirt which would interfere with farming and/or
other ranching operations thereon.
D. GRANTEE agrees to replace or rebuild to the satisfaction
of GRANTOR any and all damaged parts of any drainage or irrigation
system that may be damaged by the construction of any pipeline or
other permitted structures pursuant to this agreement.
E. GRANTEE shall have the right to cross fences on the ad-
joining property of GRANTOR whenever such crossing shall be
reasonably necessary in the construction, maintenance, or operation
of any structures in the easement; however, GRANTEE shall maintain
a proper enclosure at all times and restore such fences as promptly
as possible to their condition prior to the crossing; provided,
however, that GRANTEE shall not be responsible for a lack of proper
enclosure or for restoration of fencing if caused by someone other
than GRANTEE or its agents, co1,tractors, or representatives.
F. GRANTOR reserves the right to fence the whole or any part
of the boundaries of the easement, and the right to build fences
crossing such easement.
G. GRANTEE shall bury its facilities to provide a minimum
of thirty-six (36) inches between the top of the facilities and
ground level.
SECTION THREE
TERM OF AGREEMENT
A. This Pipeline Easement Agreement shall be effective fdr
a period beginning with the date hereof and shall continue so long
as GRANTEE continues to use and mainta~n the facilities under the
Easement Area, unless terminated or cancelled prior thereto in
the manner provided for herein .
SECTION FOUR
\ USE OF EASEMENT AREA
A. The construction, maintenance, use, and removal of the
facilities, and all of GRANTEE'S operations in and about the
Easement Area, shall be performed and conducted in a careful, safe,
and workmanlike manner, and in such manner as will not interfere
with GRANTOR'S exploration, mining, or other operations on other
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BG,1K !352 11.GE916
·lands in the vicinity of the Easement Area. Prior to exercising
any rights granted hereunder, GRANTEE shall give written notice of
construction to all persons holding any rights, licenses or leases
to use the surface of the Easement Area and of lands used for ac-
cess thereto.
B. All such construction, operation, maintenance, and
removal of the facilities shall be performed by or under the
direction of GRANTEE, and GRANTEE shall not permit, unless other-
wise authorized, public easements, public facilities, or public
roads over or under the Easement Area.
C. GRANTEE shall keep its facilities in good and safe condi-
tion and, after doing any work in conne=tion with the construction,
use, maintenance, or removal of any facilities, GRANTEE shall
restore the surface of the Easement Area to as good a condition
as existed prior to such work.
SECTION FIVE
INDEMNIFICATION
A. GRANTEE shall indemnify GRANTOR and save it harmless from
and against any and all claims, liability, and causes of action
for injuJ;"y to or death of any persons, or for damag·e to any
property, ~rising out of or resulting from the construction, use,
;.1aintenance, or _removal of any of the facilities, or from any
operations, activities, or property of: GRANTEE on or about the
Easement Area. No additional risk o~ liability shall be assmned
or incurred by GRANTOR by reason of the granting of the easement.
SECTION SIX
TAXES, LIENS AND ENCUMBRANCES
A. GRANTEE agrees to pay promptly and before delinquency
all taxes and assessments levied or assessed upon or against the
Easement Are·a during the term hereof, by reason of, or resulting
from the construction, maintenance or use of facilities, and·to
reimburse GRANTOR for any increase in taxes paid by GRANTOR
resulting from the value of such facilities, whether or not
separately assessed. GRANTEE shall pay all taxes levied or
assessed ~pen or against GRANTEE'S facilities and operations on
the Easement Area.
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SECTION SEVEN
TERMINATION
B3lllli267 fAra.289
BUOK 552 P!GE917
A. GRANTEE may terminate this agreement at any time by
written notice to GRANTOR. Upon such termination, all rights of
GRANTEE in, upon and under the Eas.ement Area shall cease, subject
to the provisions below concerning removal of GRANTEE'S facilities
from the Easement Area.
B. In the event of any default by GRANTEE in its obligations
hereunder, GRANTOR may deliver to GRANTEE written notice specifying
the default. If the default remains uncorrected for a period of
thirty (30) days after delivery of the notice, this agreement shall
then terminate.
C. Whenever GRANTOR determines in its sole judgment that the
GRANTEE'S facilities or use will interfere with GRANTOR'S existing
or proposed operations, GRANTOR may so notify GRANTEE, by written
notice describing the portions (or all) of the Easement 'Area as to
which GRANTEE'S continued use will so interfere. Whenever GRANTOR'S
exisiting or proposed operations in the GRANTEE's sole judgment,
will endanger GRANTEE'S facilities in the Asement Area, GRANTEE
may so r:otify GRANTOR b~; written notice describing the portions
(or all) of the Easement Area in which GRANTEE'S facilities will
be endangered. _In the event that such notice of interference
is given by either party, GRANTEE shall relocate its facilities
to prevent such interference to a loc;ation of the GRANTOR'S choice,
reasonably amenable to conventional construction techniques, upon
other lands owned or occupied or controlled by GRANTOR. The expense
of such relocation shall be borne solely by GRANTEE. GRANTEE shall
have six (6) months from delivery of the notice of interference in
which to complete any relocation hereunder. In the event of re-
location under other lands of GRANTOR, all of the provisions of
this agreement, including this paragraph, shall apply to the
relocated Easement Area. Whenever the foregoing notice of inter-
ference is given by either party, this agreement shall terminate,
as to all of the Easement Area described in the notice, on the
date six (6) months after delivery of such notice.
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0JOK1267 t:AG~290
DllJK 552 PAGE918
D. If GRANTEE fails to begin construction of the pipeline
under the Easement Area within twelve (12) months after the
effective date of this agreement, GRANTOR may terminate this
agreement upon written notice to GRANTEE.
E. If, at any time after GRANTEE begins or completes con-
struction of the pipeline, the Easement Area or any part thereof
is no longer used for the pipeline or facilities, GRANTOR may
terminate this agreement as to all those parts of the Easement
Area no lon~er used as above, by written notice to GRANTEE.
F .. Upon any termination of this agreement as to all or any
part of the Easement Area, GRANTEE shall have a period of six (6)
months.from and after the effective date of termination in which
to remove all of its facilities from the Easement Area or from
·the part thereof as to which the termination applies, provided,
however, that in the eve.nt of any relocation of facilities as
provided above, the removal provision of C. above shall apply.
Upon such removal, GRANTEE shall place the Easement Area in a
neat, safe and orderly condition. After the six (6) month period,
any facilities or property of GRANiEE remaining on or under any
portion of the Easement Area as to which this agreement has
terminated shall be deemed abandoned by GRANTEE and shall become
the property of ·GRANTOR.
9. Upon termination of the rights herein given, GRANTEE,
upon request by GRANTOR, shall execute and deliver to GRANTOR,
within thirty (30) days after written demand therefor, a good
and sufficient quit claim deed to all interest of GRANTEE so
terminated. Should GRANTEE fail or refuse to deliver to GRANTOR
such quit claim deed, a written notice by GRANTOR reciting the
failure or refusal of GRANTEE to execute and deliver said quit
claim deed, as herein provided, shall after ten (10) days from
the date of recordation of said notice, be conclusive evidence
against GRANTEE and all persons claiming under GRANTEE of the
termination of this agreement or a portion thereof and all
interest of GRANTEE hereunder as to that portion, subject to
GRANTEE'S"right to remove its property within six (6) months of
such termination.
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SECTION EIGHT
GAS SERVICE
B.'.IUK1267 fAGt.2D1
~·"! 352 PIGE919
A. GRANTEE shall use its best efforts, subject to approval
of such regulatory bodies as may have jurisdiction, at GRANTOR'S
request to supply natural gas to any improvements owned by
GRANTOR at the rate as of the time of supplying such natural gas
which is being charged for the type and use of the improvement to
'1hich it is being supplied. Cost of procuring and laying any such
service line shall be in accordance with GRANTEE'S tariffs, rules
and .regulations then on file with the Colorado Public Utilities
Commission.
SECTION NINE
TRANSFER OF INTEREST
A. The rights granted to GRANTEE under this agreement shall
not be assigned or otherwise transferred without the prior written
consent of GP..ANTOR. Subj2ct to the foregoing, all of the terms,
covenants, and conditions of this agreement shall be binding upon
the successors and assigns of the p~rties.
SECTION TEN
WAIVER CLAUSE
The failure of any party to enforce, at any time, any of
the provisions of this agreement, or to exercise any option which
is herein provided, or to require at any time, performance by
another party of any of the provisions hereof, shall in no way be
construed to be a waiver of such provisions, nor in any way affect
the validity of this agreement or any part thereof, or the right
of a party to thereafter enforce each and every such provision •
SECTION ELEVEN
APPLICABLE LAW
This agreement and exh~bits hereto shall be governed as
to validity, enforcement, construction, effect, and in all other
respects, by the law of the State of Colorado, and its courts
shall have jurisdiction to enforce this agreement.
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SECTION TWELVE
ATTORNEY FEES
BJOJi1267 MGt292
800.1 552 P1.GE920
In the event of a default by any party in the performance
of its duties, the court with the proper jurisdiction to resolve
the dispute shall award reasonable attorney fees and costs to the
successful party, or in such other manner as the court sees fit.
SECTION THIRTEEN
SECTION HEADINGS
The headings to all sections in this agreement and all
exhibits hereto shall not form a part of this agreement or ex-
hibits, but shall be regarded as having been used for the conven-
ience of reference only.
SECTION FOURTEEN
NOTICES
Any notice required or permitted uncier this agreeme.nt shall
be given in writing. The notice shall be served either (i) person-
ally, (ii) registered or certified mail with return receipt re-
quested, or (iii) telex. Service shall be effective when received.
All notices hereunder shall be .directed to the addresses set forth
below or such substitute address or addresses as provided· to the
parties to this agreement thirty (30) days in advance of any
notice. Present addresses to which notices shall be sent in
accordance with the provisions of this section are:
GRANTOR: GETTY OIL COMPANY
Minerals Division, 1901
3810 Wilshire Boulevard
Los Angeles, California 90010
Attention: Division Manager
GRANTEE: ROCKY MOUNTAIN NATURAL GAS COMPANY, INC •
1600 Sherman Street
Denver, Colorado 80203
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eario1267 fAGt293
N WITNESS WHEREOF, the above parties have executed
this agreement as of the day and year first written above.
AT'l!ES'f';
County of LOS ANGELES
State of f.81 TEQBN! A
)
) ss.
)
GETTY OIL COMPANY
ROCKY MOUNTAIN NATIJRAL
GAS COMPANY, INC.
Orville M.
President
The foregoing instrument was acknowledged before me
by OON A. NICHOLS . as ATTORNEY-IN-FACT of GE=T=t~y-o=rL,.._C~O~MP=-A~NY='"-o-n-t~h"i-s--<"'1r;,:;-day of_:..,1. .. J.,..,-4,,.,_,, ____ • 1980.
; / I
Witness my hand and official seal •
Notary Pu!>iic · My Commission Expires _______
1
~ «OT~~~~~~~~~:~6~!~N"
County of Denver ) ~j 1.~~11~~~~~~ci"cig~~~v
State of Colorado ) ss. My Cumm~i.Jn Expi,·es J1me 6, l9S2 ) :-..w-~.....;.;..~~:.:::...J
The foregoing instrument was acknowledged before me
by Orville M. Shockley as President of
ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. on this 30th
of June 1980 •
day
Witness my hand and official seal.
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au.JK 552 Pl.GE922
"EXHIBIT A"
A fifty (SO) foot wide right-of-way and easement
located in Sections 3, 10, 15, 22 and 34, T5S, R37W, and
Sections 19 and 30, T7S, R97W, 6th PM, Garfield County,
Colorado, with the Easement Area being described as follows:
Beginning at a point in the W/% W/~ of
Section 3, TSS, R97W, and continuing
through the NW/~ NW/~ of Section 4,
TSS, R97W, 6th PM, then continuing along
an area with a centerline described as
follows:
S 1~0 18' E, 9.00S.2 feet;
thence S 36° 02' E, 3,611.7 feet;
thence S 10° 40' W, 739.6 feet;
thence S 9° 14' E, 332.6 feet to a point on the
South line of the Northeast 1/4, Section 22,
TSS, R97W, 6th P:t, said point bearing N 89°
56' W, 1,016.5 feet from the East 1/4 corner,
said Section 22.
Description continues beginning at a point on the
North line of Section 34, T5S, R97W, 6th PM which
bears N 89° 58' W, 841.8 feet from the Northeast
corner of said Section 34;
thence S 4° 10 1 E, 250.8 feet;
thence S 13° 16' W, 1,045.1 feet;
thence S 36° 25' W, 523.7 feet;
thence S 9° 07 1 E, 2.909.5 feet to a point on
the South line of Section 34, T5S, R97W, 6th PM,
.said point bearing S89° 44' w, 1.117.5 feet from the
Southeast corner of sa:i.d Section 34.
Description continues beginning at a point on the
North line of the SW NEt, (also known as Tract 52
according to Re-survey), Section 19, T7S, R97W,
6th PM which bears N 37° 26' W, 1.708.7 feet from
the Southeast corner of said Section 19;
thence S 26° 38' W, 2.858.3 feet;
thence S 3° 46' W, 434.6 feet;
thence S 57° 01' E, 290.7 feet;
thence S 16° 36' E, 882.0 feet to a point on
the South line of the SW NE~ (Tract 52), Section
30, T7S, R97W, 6th PM said point bearing S 86°
37' 23" E, 525.1 feet from the Southwest corner
of the SW NEt (Tract 52) of said Section 30.
. ~ .. ,___~"J3'=---~~ =-----=--==--=--=-ExH1.B11
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Kan~ Okla, & <:ulo. l'JSi
C ,., "" OIL AND GAS LEASE BOOK 750 f!GE959
BOOK 1i32 FAGE-&-$7
THIS AGREEMENT, Ent•nd Into this lh\' ___ 2~0,t·h~--·d•Y or __ ,Jea,n"U"OercY'--------------·"i-·', 19 ~
betwHn Opal c. Lathaa. a widow 1509961 09:4f AH 03/06/29
71CJ Kinter Ave. OeBeque, CO 81630 E.StWYERr CLK&REC ns:sl'li COUNTY CO
herein.Cur ~l;d lo~or, Huntington T. Walker of P.O. Box 2409, n.nver, CO 80201
'"'------'-----------------------------huelnaftor called le1Ne;do~1 ~UnH.a:
t. TILllt Jeuor, lor and h1 conllduatlon of the wm Of ----TEN AND rlORE--"'Dollan In hf.nd paid and ol Ule conn1nis a11d ~&rtom\'nts
hor1in.all.1r co11U.lnt'd 10 be perlormed by the leaH, hu Ulla day &ranted, leucd, and let and by theM P•ennt1 doc. h•r9bY IJ&nl, lea .. , aiid lt.t o;clu•
1ht\y unto the le11ote the herelnalltr dellCrlbcd land, t.nd wlUI Ule •llbl to unntu Ulla le&M or any p .. t thereof wlUI olher oil and p1 leun&1 lo all or
any pal1 of the lands <:0vered thertbY U herelAalW provided, for thl! PlllPOH ol eurylnl on l•O\OIJW. 1•0PhYlll~I and other UPloHtO?Y work, In·
elud\na core drilllnl, ui.d th• ddlllna, mlnh1.1. and operatlnl lor. prod11dn1, 111d 1&'o'llll all ol the oil, pt, cu1t11head ca•. culn1head 1uoHn1 and'all olhu
INC• and llMlt n-ctlv1 co11.11l1111nl vapon, and lor coutruclln.11 TOad•. laJln1 pipe llne1, bllildlnl IUIU. nodn1 on. bulldln1 pown •tatlo....,, I.cit phone
llnu and other 1\Ncturu !hereon noi:e.azy or connnlent fo:r the economical operltlon ol tald land aiOM or coll!olntlJ with nel&hborinc land., lO
produce, 1&v1, take CUI of, and mMl\lfacture all of lllch lllbllUICft, and for bo11lllnl a.od boudlnl emplo7ee1, sajd IHCI of land wllh \11-Y.:~vHllo~
ri&htathereln belnl 1U11aled In the county of Gerfi•ld • Me•a · : .. :., .:!
sc..icol Colorado ,aaddttcrlbed ... ronowo= ... ::;-; .. ,
SEE EXHIBIT •A" ATTACHED HERETO AND KADE A PART HEREOF
. .,
.7t:. MAR 2 2 1•:' ftecordad at I -o' .. !.:c~:--:p--!\i. ___ LJ!l,,_.,_-=:..""'".;....-
Receptlon No, 399962 l\1l!..i'.lt·:~o ALLD-.. f,F, RECORDER
GAf\Fl:?:LO cou .• TY. COLORADO
"'d contalnln12• 765.21 acru,mon or lea.
2. U 11 a&rctd thal tht. Ltue al1-lll rsmain In luU tor..-'°"• tcnn of lll!IVllO (7) 11..-. korn tb.11 date, and u lon1 thcrnhtr u oU
or 1u, or elthn of thern, b produ..-d from ldd land (or from landt wt th wbicla l&ld land I• co...0Ud11.Ad) or the pnmt.e1 tn bl!n1 developed or operated.
ll, In consl.der&Uon ol tlae pnmt.es \he l&ld le""" coveDaDta&nd qree1:
To deliver to the ~dit ol kuor, tree ol coJC., In !he pipe line to wb!ch I•-may conntct bl1 welll. the 11111&1on.,..llM11/8) PU"I ol all oil
prod11ctd and •ved trom the leu.d pr1mtse1.
4, Tim lnaH WU monthly pay leuor u toy1Uy on Pl marketed trom ucb. weU where Pl only Lii lo11nd, onc.,.lllhth (1 /8) ol lhe proceed• If 1old
al tbe will, or it mukcted bJ l•nH olf lh• leued prernloe1, llun one.,.l.lhth (l/8) of ill mU"kcl value al the wcU. Tbe I•-• 1hall pay the le110r: (a) one-
•Llhth (l/8) of the proceed• rs..-lvad by the MNH from the •I• of u.llln&bead pa, prodw:ed Crom &nJ oll well: (b)one.,.l1hth(l/&)oftbe val111, at the
mouth ol thi will, comp111ed at tho prevdll ... marb\ pd.,.,, oltbt culnlllnd P&, prod11ced from any oU well 1nd 11Hd by It ... • oU the leHed premln1
for any p11rp011 or .ued on th• le...,d pnrnLM• by tha leQlt for Pllrl>Olfl other than the development Uld op11al1011 then of. 1,e,...,, 1hal\ h•W the Pr Ml·
Ut •I hill 01n1 dlk and uptnte of l1llnl 1u from UlY pa w1U on .aid land lor llOVH and Inside llanll In Iba pnncLpe.i dwelllns loc111d on the ieaoed
premise• bJ m&klnc hill own connecUon1 Lb.into.
Wben IM from e well or w•ILll, .,.pablc al produolnc r:u onlJ, 1' nol told or und for 1 p-.lod or one ye11, le-• shall pay or tendu ••royalty,
1 n amount tQllai tb lh1 d•ll.Y nnial M pio¥\dtd IA Pf.ra&raph (f>) henof, pa Ubl• 1ru111ally on the 1nnlver11ry dale of thl1 hue l0Uowln1 the end of each
l\lch year d11rin1 which ouch. JIS ii not 11>\d or '111<1, and while aaid royallJ \1 IO paid or Undend th\1 l•tM &hall be held u 1 prod.Ucln1 prOPUIY 11ndu
tiuapaph n11mbcrcd two hereof,
r.. II operations tor the drilllol of a weU for oil or au ttt not commenr:ed on said Land on or before the 20th day of J4nuary
19 ll_ .1h!. l11u lhall tem>la.te u lO both pu1111. \lnleOI the lc:-c sh•ll on or helore Hid dau pay or tender to the leaor or for the Leaor'1 credit Jn
the Pal:IHade Natinpal Baalcal Palisade, CO 82526 ,orl11111ceeaon.wblehB.nkandl11
111cceuon ue the lc:uor'• a11n1 &nd •hall conUnu1 u tho dtpo1itor7 of any end all 1um1 P•1·ablc "ndcr 11!.11 luu reprdl•a or cb1n1u of ownc11h\p Ln
Hid land or \n the oil and Pl or In th• rentall lO eecni• benundcr, the 1um ol ---------$2. 765. 21----· DoUan. which shall ol)Cratc' u
a rental and covtf lht prlvUeu of doleninl the commencement ol opc111Uon1 for drllttnii for • period of one year. In llkc m•nnu ind '1pon Uk•
payment. or tend en tlu! comm1nenn1n1 ol openllons for drl\Unl may h•llhor be dtf•~d for like period11ucce.aivcly. All p1ymenll or tcndcr1 mu b•
rnade by check or draft ol le ace or UlY U1l1Rcc thereof, m1Ucd or delivered on or bf-fore Ille ttntal P•Yln1. date. either dire cl lo leuor or au1an1 ur 1n
aw d•poollory bank. and ll ii 1111dtnl0odand •&reed lhal llle con.sideralion lirn reclled hctdA. the down p1ymcnt, conn not <>nlY the prMlUc &r1n1cd
lo 1hc dale wlMn l&ld Uni rent.II ii pat1ble u afona.ald, but ebo tho \Hin'• option of ••lendlnr: thar Ptr1od •• lforuald and any mnd all 01hn n1hl1
cOl\l•~.i. Leu.n may 1\ any time txtCUll ind ddl¥H to a.cuor. or pl&cc of record, a nluM: or reltatrl coverin1 any p0rtlon or po11tnn1 or lhe 11>ovc
deocrtbcd pnmlte• ind tll1nb7 wrrender thll le&H u to S11Ch porUon or portions and h1 relieved of all obLl&eUont u lO lhe 1cn1u 11Jf1"tnd•red, 1nd
thonafllr IM rcntall ptylble hue under shall be reduced In the Prop onion lhl.t llle o.cre11e covered heroon l1 rcd11ccd by said HLeue or relu1u.
8. Sho1>ld the flnl will drWtd on the above dncrlbed land be 1 dry. hole. llltn, and In lh•I n"enl, U a Meond well 11 not commcnctd on said Land
wllhln. t"'elv• month1 from oplrallon of the Jut nnll.I period for whlch tenl&I ha.1 been paid, lhl1 le&1e shall !.crmlnate 11 to boUI parUco, unl•a lhc
l•aee on or before the c:<pir&l!Gn of l&ld twelve monlh1 •hill re1u.me th• payment of renl&\s In lhc ume 1mo11nl and In the u.mc manner u hueLnbclorr
pto~ldcd. And ll II apttd that upon the re1umpllon of the p1ymenl of rental1, u above provided. that the t.11 pre~dln& pU"11raph hereof, 1ovunln1 the
payment of renlA\s and the tffeet lhenof lhall conUn111 1-n forct J111t u tho111h lll•n had been no lntcrrup1Lon in lhc ttnlal pa1menu.
7, 11 Wd leaor owns 1 lus lnkrHt In tho 1bove described land than the e:itlre and undivided fee simple nl&l.c lhen1n, thtn the roy11U.,1 and
rcntall heHln pro'o'ldtd 1hall be paid the lessor OnlJ In the proponlon which hL1 lnle'r•rt bc•n to \he whole and undlvldcd fee. However, 111ch rrnl&J 1hall
he Jnc1uud at the next 111cceedlns: rental annlv1n1rJ a flu el\J revert.Lon oc:c\11'1 ~cover 1b1 lntu11l 10 acquired.
B, The te1H1 sheU hive the d1hl 10 "'"'• lru of1011, 11&1.oll and waler found on ..,Ld lal\d for lll oper11\on11hcreon. e:<ccpt wa.ter frorn th• weL11
ol th• Leaor, When required bJ lcuor, the leau shall b11ry Ill pipe llriu bdow plow depth Mid 1hLll pu for d1mue clUMd by Ltaoperarlon1 to r;rowln'
c•op1 on aid Land. No well lhlll be drilled ne1rer than :.100 IHI to the ho11&1: or bun now on aid prernhe1 wilho11t wrlUtn CQn ... nt of lhc lcuor, Lessee
ihall have th• dlhl al &nY time durln&. or lllH the explrallon of, lhb lu ... to remove all mochlnco, llxturet, hou..et. h11Lld!n11 end olhor 11ruelu1u ptucd
on Hid pr.ml'"'' lncludln1 the rl&ht to dnw and runove all ... 1lng. l.t.uu aine1, 11pon the completion ol any Int 11 a dry hol1 or upon the abandonment
of .. ny producLDI well, to THIOre the prem\sa110 tholr orl1ina1 contour H nur H practicable ond to remove all ln11Allat\011.1 within a reuonab\e time,
9. U the nl< of eL\ller pany here lo ii •Dltncd (and tbc privU•1• ol aul1111Ln1 in whole or In pan ii exprealy allowed). tho coven an II hen or oh"11
c:<ltnd 10 Iba heLn, do.-IMH. uecutou. admln!llraton, 111cce11or1,and u..1111•, hilt no ch•nl• ol owncnhlp In lhe 11.nd or In lhe rcntaL1 or royal UH or any
1um due under 1h\1 kUI 1hall h• hlndln1 on the lcacc 11nW ii hes hoen lurnbbed wL\h eLlhH the orl&Ulal recorded Lnnrument of conveyance or a dub
certified copy thcr.ol or a Ct"<lllltd cupy of the will ol any d1cta1ed owner and of !ht probaie \hereof, or ccrtllird copy ol the procecdlnP &howin1
appolnunent 11f an adminblrAtor for !he nlAte ol any deceaoed ownrr. whichever II appropdl.le. lo1tcther with all ortllnal recorded Ln1trumon11 ol con·
nyance or duly cerlllicd copL11 lhenof noce-17 In showLn1 a complete cbaln <>f 111\c hack to le110r 10 the full LnlHnl clllrncd, and aU 1dv1 nce pay•
menll of r1 ntab made hcnundcr ho fore reulpl of .. 1d documenh <ball be blndln• on an~ direct or Indirect aA>&nee. ll'lnlee. dCVIHe, 1drnlnlitrator.
uec11tor, or heir ol leuor,
10, It 11 be re by 1u-ecd that In tho even I lh\1 luH ohall be U1L1ned u lo • pul or 11 lo PU"ll of the above deHrlbcd llnd and the holder or owner
of 1ny 111ch p111 or part• 1h&ll make dolaull In lhc payment al the P1opor1Lon1te p&rl 0J 1he rent d110 from him or lhom, 1ueh dolauLI •h•LI not opcrat~ 10
defnl or aftoct thL1 luse insofar u ll eo•·tn •part ol aald l1nd 11pon which the ku.ce or any aAl&nu bonof 1h1U make due paymenl of 11\d rental1.
11. Le1$0r beteby w11nn11 and qrcea lo defend 1he lltle lo lht !Ind herein d•nr!bcd •nd •U"•H lbal lhe leace, at Ito upUon. may pay ind di<-
cbaT1e In whole or In p111 any llXCI, mor1p1e1, or other Uenl t:<i1Un1, levL..cl, or 11&1:1Hd on or aptml tbo above dtKrtb•d land• and. In 1Y1nl ii excrciHa
1\lch option. Lt shall be 111bro111..cl to lhe ri1&hll of any holder or boldeu thereof and may rclmb11ne U.sell by applyin1 to lhe dlochu1e of any tuch mor\•
1aae, c..x or other Uen, any 1oy1\1Y or rental• 1ccndna hereunder.
1:.1. No1wLth1t1ndlnl an7thln1 In th\1 lctM conllln•d lo the conlralJ, II 11 cxpruliy 11recd that Lr leuec 1h..U commence opcr1tlon1 for dri1Un1 at
any llme wltlla thL1 !cue I• In foreo, tltl1 LeaH 1hall remain In force ond Ill Ianni shall conl1n11e so lon1 a11uch OPtralion1 are proHcll!td and, If prud11c•
lion l'CIUIU then from. th on u lon1 u production con1.Lnueo.
II wl1hln lbt primary tc'nn <>f thl• \eUI, 1>rod11cuon on the \cued premlleo &hall ...... l1cm any caute, \hil lease shill nol termlnale provided
OPeraUon1 11<n lh• drlni111t uf a well shall be cammenced brfore or on tb1 nul ensulnz nnlll P•Yln1date;or. orovld..cl \u• .. bt1ln1 or roi11mes the PIY·
m•nt nLre.11\elaJ(\ lhr m•nncr and amo11nt hc•clnbcforc provld•d. II, dltr Ille 1111>l•aUon of Ille prlm"'' urm of thl1 Leue, producuon on lbe ka.ud
pr•mlltfo•hall cr&W•fNcn 1n~ ca11&1:, 1h11 1•11• •IMll no11ann1nat1 provided lcAcc reo\lmU opcratLont lor H•worklnc or drlLUn1 a well ""ltbln llxlv (60)
d~y~·fi;<.o,':'.Jf~ 'i~"'('S'~ 1n9 lhll l1ue &hall remain In furce durlnl lhc pro1cc,.1Lcn al •uch opcr•llono and, JI prod11clionrn11ll.l lherdorm, then u !uni ill
P•ud~l-~~.J'';t'~.;·"::'111·cn lhe r>&ln at ill option, •I 1n1· lime and from lime to drna, to pool nr unltl>e all or any Pul or Piii.i ol lh• above d"·
1cnb0-d lanU "l11h""1hor '•nd, 1rur, ur lu&1:1 in lh• lmmrdi.te v!cln1tr lh•ttof, 1'1Ch P1101Ln1 tu br Into 11nLU not ucoeding lb• mlnlm11 m ilu lracl on
Which a,weu m11· h• drnLad under l.&w1, nll"' or re1ullllon1 In fo1c1 a\ lb• \Im• of 1uch poolln1or11nnlu1Lon: pro~ldcd. hnwov,r, that ouch 11 nlll maf
Ucrql wotJ CIV~~.,.m ,bY not mu1e th•n len 1cre1 if 1uch ucu1 II noceu.ary In urdor to tunh,.m tc cwneuh!P wbdl'o'lsion1 or Lu•c llnH. L..aee shall
•·••rel ... t.aid u'1Lon. "' ro uch detJrcd un11. by execuUn1 and rrcordln1 an in1l111m•nl 1dcnllf'>'in1 th• unoUud "1u. Any wen drllled or upn•lions con·
ductod 'on eny part <>f e~ch •uch 11nl11J:i1LI be con.,dtrcd a well drlllcd or 0Ptrat1on1 conducted und111hb ln.1c. and tbue shall be 1Uucat•d 10 the ponton
o( lh• i.how -drnrlb1d l~nd 1nc1 .. drd in any Sllth unll 111ch pruportlon ol the act11al prOd\lcllon from all wells un ouch unit u !n10r'i lntnu1, 11 iny 1n
ouch purtl\ln, n1muu111• .in Mn acruu h1111. IM11• to lhc enllrc acrca1c of 111ch uni!. And It !1 undrntood-and 11rrcd that the prod,.clion 10 aUocaird
1h.oLt be oonstddcd,lnr 111 purpoMo. lncludln1 lhe paymrn1 or delivcrv of ruvalt7, "'be the cnurc producUon from the ponlon of !he aboYc deocrlbcd l~nd lnd\ldcd In Wch unit in lhe oam• m1nnec u lhouah produc•d from lht above dHcnbcd land '1ndrr lh• 1erm1 or th\1 tu11e.
I.I., Thi1 lnsr and all 1u term1, condL\Lon1 and 1Upu)uion1 shall utend tn. and be b1ndln, on uch of tho PltUu who t.11n1 this Lrur. re1ud\u1 of
WhNhor lllch l•aor lo named above ... nd "'1an1IH1 of wh."her It l11i1ncd by any ol tlle uthrr pulln hn~1n named u l,acn, Thia ln..e m1 y be il•n~d In
cuunto:rpar11, uch lo ha\'O lhe arnc cffccl II tbe orL•ln•I.
IN WITNESS Wll&Rt:OF, we 11111 th• day and J'er llr1t 1bovo wrill•n •
.1: I
'•
STATE OF Colorado
COUNTY QF _ __n..,,_ ______ } ~
BOOK '('~() f1GE!3f>Cl
BOOK 1732 PAGE 828
Oldahoal .. "-:~=~=:ta Oibado, Utab,
ACKNOWUDGMENT-INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on th~' _JJo.tJIJ_ __________ _
day O•L'-~J~a~n~u~•~•~v'------19..B.2._, pmonllly appeared Opal C. I.atbam, a yfdpy
• ., •• :.'°:'"'( ,\J
SfATEO~'~
COUNTY OF• __________ }•·
......... X.-, NNModo>, w,,.. .. , --Cdondo, lllob, Nebrmka. North Dakota. South Dllkae.
ACKNOWLEDGMENT-INDIVIDUAL
BEFORE ME, the undersigned, a Notuy Public, in and for said County and State, on lhi·~--------------
doy •·~----------•• 19 __ , personally appea""---------------------
'"'-------------------------------------------
------------------•• to me known 10 be the idcnliClll. perso,~---• described in and who executed
the within and foregoing instrument of writing and acknowledged 10 me th~-----·uly executed the same "-------'"'"
And voluntllry IK1 and deed for lhe ~ ~ purpo5C!i thcn:in sci forth.
JN WITNESS WHEREOF. l have hereunto set my hand and affixed my oolDrial seal the day and year last above wriucn.
My Commission Expi=------------Notary Public.
Address:-------------------
STATE OF·-----------}
COUNTY OF a.
ACKNOWLEDGMENT (For '* by CorponiioQJ
On thi~---'------~:Y •'-----------------· A.O. 19 __ , before me personally
"'""""----------------------------· IO me pcl'SOnally known. woo. being by
me duly sworn, did SD)' that he ism<-----------'•'---------------------
------------------------'and thal the r.caJ affixed to said insuumcnc is chc corponic Kai or
said corporation :ind lhlllt s;iid instrumcn1 was signed and scaled in behalf of said COl'p01'llfion hy authority <lf ils Board or Dirmors, and ~id
__________________ •. cknowlcdgcd said insuumcn1 to be froc .xi and deed of said «irporalion.
Will'lcss my hand and seal !his day of • A.O. 19_.
Noury Public.
CSEALJ Address:
My Commission cKpim
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EXHIBIT "R"
BOOK 150 PIGE961
BOOK 1732 PAGE 829
Attached to and aada a part of that certain Oil and Goa Lease dated January
20, 1989 froa Opal C. Lathaa, a widoW aa Leasor, to Huntington T. Walker. ~
DESCRIPTIOM OF LAND5:
TRACT I:
TOWNSHIP 8 SQUTH. RANGE 96 WEST, 6IH P.K.
,.... Section 3: N/2 SW/4
-section 4: Lot 5 <21.95>, SW/4 NW/4,
N/2 5£/4, SE/4 SE/4, SW/4
-"Section 5: Lota 6 (8.39>, 7 <39.44>,
8 (31.37), 9 <2.46>,
10 C23,25>, N/2 SE/4 1 SE/4 SE/4
-Section
.... S•clion
"'Section
7: Lot 6 (39.03>, E/2 SE/4, SW/4 SE/4
8! E/2 NE/4
9: N/2 NW/4
""
Sect.ion 18: N/2 NE/4, SW/4 NE/4 1 NW/4 5£/4
containing 1125,89 acrea, acre or leas
TRACT II:
TOWNSHIP 8 SOUTH. RANGE 96 WEST. 6Tff e.n.
;section s: Lot 14 C39,78>, SW/4 SE/4
/Section 8: HE/4 NW/4, NW/4 NE/4
containing 159.78 e.crea, acre or le&&
TRACT III:
_......TOWNSHIP 7 SOUTH. RANGE 97 WEST. 6TH P.tt.
Resurvey Trecta 48 and 49
Containing 320 ecrea, •ore or laaa
TRACT IV:
-TOWNSHIP 7 SOUTH. RANGE 97 WEST, 6TH P, H,
Resurvey tracts 50, 51, 52, 55 and 56
TOWNSHIP 7 SOUTH. RANGE 98 WEST. GTH P.H.
~section 24: SW/4 NE/4, NW/4 SE/4, E/2 SE/4
..,..section 25: E/2 E/2, SW/4 NE/4, NW/4 SE/4
Containing 869.54 ecree, aore or la&s
TRACT Y:
..-i'OWNSHIP 7 SOUTH. RANGE 98 WEST. GTH P.H.
Section 24: SE/4 NW/4, NE/4 SW/4
Containing 80.00 ecrea, aore or leaa
TRACT VI:
N\ TOWNSHIP 9 SOUTH. RANGE 97 WEST. GTH P.n •• 6th P.n.
SECTION 17: NW/4SW/4, S/2NW/4, NE/4NW/4, NW/4NE/4
SECTION 18: E/2SE/4 (;d. Lass AND EXCEPT that pert of the NW/4SW/4, S/2NW/4, NE/4NW/4 end the NW/4NE/4
. of Section 17 end theE/2SE of Section 18 which lies eeat of U.S Higwey 6 end
·.~4, ,ea it .. ie deecribed in Book 891, Page 912 of the Hese County Records.
·CoAteining 210.00 acraa, •ore or le&&
All of the above described tracts of lend total 2765.21 ecrea, •ore or lesa,
end include ~ny aeender lends, lends derived by accretion rights, or otherwise
contiguoua to the above described lands as the seae aey be owned or cleiaed by
lesaor, whether or not apeci!ically deacribed above.
SIGNED FOR IDENTIFICATION:
,.
0{, ... ~ _/; /.1,.1 ,,(
MP# File No. 04. 06. 07. 08. 11. 34. 39-GA 01 02 04 06 07 08 09 10 12-ME
AFE 81526-00
RIGHT-OF-WAY GRANT
STATE OF COLORADO §
§
COUNTY OF GARFIELD AND .'.vlESA §
THIS RIGHT OF WAY GltANT, made this ;;l.\,-.6-day of r}'fo"-c.!1 , 1998,
between GETTY OIL EXPLORATION COMPANY, a Delaware corporation, whose
address is P. 0. Box 2100, Denver, Colorado 80201-2100, hereinafter referred to as
"GRANTOR", and TRANSCO LO RADO GAS TRANSMISSION COMP ANY, a
Colorado general partnership, whose address is 370 \1an Gordon, Lakewood, Colorado
. 80228, hereinafter referred to as "GRANTEE":
WITNESS ETH:
THAT WHEREAS, GRANTOR is the owner of certain real property in Garfield
and Mesa Counties, State of Colorado, as more fully described in Exhibits "A-1" through
'"A-7", attached hereto and made a part hereof; and
WHEREA:S, GR-ANTEE desirestrr m.'qllirea-right-ufway·antl-easennmt;
collectively referred to as the "easement", along a route, the location and of which has
been agreed to by GRANTOR and GRANTEE, more specifically described in Exhibits
"A-1 11 through "A-7";
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and
other good and valuable consideration, in hand paid, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
I.
GRANT OF RIGHT OF WAY
GRANTOR does hereby grant, bargain, sell and convey to GRANTEE, its
successors and assigns, subject to the tenns and conditions hereof, the following
easement:
A. A right of way for the purposes, from time to time, either as a common carrier or
private carrier. of laying, constructing, maintaining, operating, repairing, altering,
replacing, relocating and removing a twenty-two inch (22.0") 0.D. pipeline (with
above-and.below-ground.vahres, meters, fittings, wireleads, cathodic protection·
equipment and markers, and appurtenant facilities), collectively referred to as the
"facilities", for the transportation of natural gas and associated liquids and gases,
across, under and through the following described land, hereinafter referred to as the
"Easement Area", in the Counties of Garfield and Mesa, State of Colorado:
STRIP I
A strip of land situated in Sections 3 and l 0, of Township 5 South, Range 97 West, 6th
Principal Meridian, Garfield County, Colorado, the centerline of said strip of land being
described as follows:
COMMENCING at the South quarter comer of Section 34, Township 4 South, Range 97
west, 6th Principal Meridian, Garfield County, Colorado, being a folllld standard brass
BLM monument.
Pagel
c:\filcs\word\oolorado\oilshalcltanscolomw.doc
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/
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I llllll lllll llllll llll 111111111111111111111111111111111
S27093 06/18/1998 01.s0P Bl073 P361 H Al.SDORF
2 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
N 88-00-58 W a distance of 1739.09 feet to a point on a gas pipeline right-
of-way to serve as TransColorado Gas transmission Company's mainline,
being a point on the North line of the Northwest Quarter of the Northwest
Quarter of Section 3 and the Northerly line of Getty Oil Exploration
Company lands;
S 09-31-17 W a distance of 374.25 feel;
S 30-56-46 W a distance of 660.89 feet;
S 02-24-05 Ea distance of 281.79 feet;
S 04-38-16 Ea distance ofl78.80 feel;
S 04-33-40 Ea distance of 1543.36 feet;
S 29-28-27 W a distance of 4443.54 feet;
S 32-35-54 W a distance of 833.70 feel;
S 14-28-45 W a distance of 239.03 feet;
S 00-17-32 Ea distance of280.16 feet;
S 18-21-41 Eadistanceof410.31 feet;
S 07-46-27 W a distance of 342.65 feet to a point on the South line of
Section 3, Township 5 South, Range 97 West, 6th Principal Meridian,
Garfield County, Colorado, which point is N 88-13-58 W a distance of
2455.69 feet from the South quarter Comer of Said Section 3;
Continuing S 07-46-27 W a distance of75.25 feet;
S 04-59-10 W a distance of246.61 feet;
S 02-28-18 Ea distance of 183.86 feet;
S 11-31-24Eadistanceof2947.61 feet;
S 11-31-24 Ea distance of 1967.72 feet;
To a point on the South line of the Southwest Quarter of Section 10 and on the Southerly
line of Getty Oil Exploration Company lands S 88-06-58 E a distance of 1293.60 feet
from the Southwest Comer of Section 10, Township S South, Range 97 West, 6th
Principal Meridian, Garfield county, Colorado, being a found standard brass monument.
The total length of gas pipeline right-of-way across the above referenced strip, as
described above, is 11,009.52 feet, 667.24 rods, or 2.09 miles more or less.
STRIP2
A strip ofland situated in Sections 15 and 22, of Township 5 South, Range 97 West, 6th
Principal Meridian, Garfield County, Colorado, the centerline of said strip ofland being
described as follows:
COMMENCING at the Northwest corner of Section 15. Township 5 South, Range 97
West, 6th Principal Meridian, Garfield County, Colorado, being a found standard brass
monument.
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
S 88-06-58 Ea distance of 1293.60 feet to a point on a gas pipeline right-
of-way to serve as TransCo1orado Gas Transmission Company's mainline.
being a point of the North line of the Northwest Quarter of Said Section 15
and the Northerly line of Getty Oil Exploration Company Lands;
S 11-31-24Eadistanceofl70.41 feet;
S 11-31-24 Ea distance of3789.96 feet;
S 11-31-24 Ea distance of 86.01 feet;
S 34-07-38 Ea distance of 1690.00 feet;
S 34-05-05 E a distance of 1890.52 feet;
S 10-16-29 W a distance of754.68 feet;
S 07-14-00 E a distance of3 08.49 feet;
To a point on the South line of Northeast Quarter of Section 22, Township 5 South,
Range 97 West, 6th Principal Meridian, Garfield County, Colorado, and on the Southerly
line of Getty Oil Exploration Company lands S 56-18-53 Ea distance of 4986.60 feet
from the Northwest comer of Said Section 22, Township 5 South, Range 97 West, 6th
Principal Meridian, Garfield County, Colorado, being a found standard brass monument
stamped U.S. GLO 1923.
Page2
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111111111111111111111111111111111111111111 lllll llll llll
!27093 06/18/1998 01:!01' 81073 P362 M RLSDORF
3 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
The total length of the gas pipeline right-of-way across the above referenced strip ofland,
as described above is 8690.07 feet or 526.67 rods or 1.65 miles more or less.
STRIP 3
A strip of land situated in Section 34, of Township 5 South, Range 97 West, 6th
Principal Meridian, Garfield County, Colorado, the centerline of said strip of land being
described as follows:
COMMENCING at the Northeast comer of Said Section 34, Township 5 South, Range
97 West, 6th principal Meridian, Garfield County, Colorado, being a found standard
brass monument stamped U.S. GLO 1923.
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
N 88-11-07 W a distance of 706.83 feet to a point on a gas pipeline right-
of-way to serve as TransColorado Gas Transmission Company's mainline,
being a point on the North line of the Northeast Quarter of the Northeast
Quarter of Said Section 34 and the Northerly line of Getty Oil Exploration
Company lands;
S 02-15-51 Ea distance of273.36 feet;
S 16-09-38 W a distance of 828.22 feet;
S 13-41-03 W a distance of927.74 feet;
S 34-52-23 W a distance of605.75 feet;
S 07-07-18 Ea distance of2886.25 feet;
To a point on the South line of the Southeast Quarter of the Southeast Quarter of Said
Section 34 and on the Southerly line of the above referenced strip of lands, lands
described above is 5521.32 feet or 334.63 rods or 1.05 miles more or less.
STRIP4
A strip of land situated in Section 30, of Township 7 South, Range 97 West, 6th
Principal Meridian, Garfield County, Colorado, the centerline of said strip of land being
described-as-follo\v&:
COMMENCING at the Northeast comer of Section 25, Township 7 Sough, Range 98
West, 6th Principal Meridian, Garfield County, Colorado, being a found standard brass
monument stamped U.S. GLO 1923.
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
S 76-35-58 E a distance of 4041.39 feet to a point on a gas pipeline right-
of-way to serve as TransColorado Gas Transmission Company's mainline,
being a point on the East line of Texaco Exploration & Production, Inc.
Property as described in Book: 734, Page: 117 Garfield County Records;
S 52-20-54 W a distance of390.65 feet;
S 41-57-07 W a distance of500.68 feet;
S 38-34-53 W a distance of 436.48 feet;
S 10-51-51 W a distance of 540.26 feet;
S 15-07-58 Ea distance of378.81 feet;
To a point on the South line of Getty Oil Exploration Co1npany property as described in
Book: 734, Page: 117 Garfield Cotmty Records S 47-14-38 Ea distance of 4102.44 feet
from the Northeast Comer of Said Section 25, Township 7 South, Range 98 West, 6th
Principal Meridian, Garfield County, Colorado, being a found standard brass monument
stamped U.S. GLO 1923.
The total length of the gas pipeline right-of-way across above referenced strip of lands as
described above is 2246.88 feet or 136.17 rods or 0.43 miles more or less.
Page 3
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4 of 19 R 96.00 D 0.00 GRRFIEl.D COUNTY CO
STRIP 5
A strip of land located in Sections 7, 17, 18, Township 8 South, Range 97 West of the
Sixth Principal Meridian~ Mesa and Garfield Counties, Colorado, being more
particularly described as follows:
COMMENCING at the Southwest Comer of said Section 7, whence the West 1/4 Comer
of said Section 7, bears north 02° 46' 04" East, 6337.77 feet to a point (having a
Colorado Coordinate System, Central Zone Position of North 573,789.20 -East
1,222,416.25).
And also Commencing at a point (having a Colorado Coordinate System, Central Zone
Position of North 572,532.66 -East 1,222,352.19), whence the Southeast Comer of said
Section 7 bears South 02° 55' 05" West, 2164.47 feet;
THENCE, South 37° 12' 02" West, 646.72 feet;
THENCE, South 65° 13' 14" West, 1109.65 feet;
THENCE, South 36° 04' 44" West, 626.93 feet;
THENCE, South 07° 21' 27" West, 986.65 feet;
THENCE, South 32° 38' 51" East, 966.14 feet;
THENCE, South 32° 42' 41" East, 3332.92 feet;
THENCE, South 34° 59' 52" East, 1274.07 feet;
THENCE, South 24° 58 1 30" East, 336.03 feet more or less, to a point (having a
Colorado Coordinate System, Central Zone Position of North 565,101.13 -East
l,223,653.11), whence the South 1/4 Comer of said Section 17 bears South 88° 42'36"
East, 1027.15 feet.
The total length of gas pipeline easement across the above referenced strip of lands, as
described above, is 10,398.70 feet or 630.22 rods or 1.97 miles, more or less
STRIP 6
A strip ofland located in Sections 20, 21, 28, and 29, Township 8 South, Range 97 West
of the Sixth Principal Meridian, Mesa County, Colorado~ being more particularly
described as follows:
COMMENCING at the Northwest Comer of said Section 20, whence the North Y. Corner
of said Section 20, bears South 88°42'36" East, 2620.66 feet, this being the Basis of
Bearing; THENCE, South 56°00'12" East, 3087.76 feet to a point (having a Colorado
coordinate System, Central Zone Position of North 563,410.50 -1,224,619.97 East)
being the POINT OF BEGINNING:
THENCE, Soutlr34~25-'54" East; 1N:42·feet;·
THENCE, South 39°16'15" East, 655.45 feet;
THENCE, South 09°30'49" East, 251.46 feet;
THENCE, South 03°02'43" East, 109.59 feet more or less, to a point (having a Colorado
Coordinate System, Central Zone Position of North 562,451.27-East 1,225,146.94).
And also Commencing at a point (having a Colorado Coordinate System, Central Zone
Position of North 561,831.37 -East l,225,885.54). whence said Northwest Corner of
Section 20 bears North 49°1O'12" West, 5055.88 feet.
THENCE, South 61°26'08" East, 1741.73 feet;
THENCE, South 16°41 '34" West, 769.49 feet;
THENCE, South 01°41' 14" West, 3176.08 feet;
THENCE, South 00°24'26" West, 1373.17 feet;
THENCE, South 24°35'46" West, 680.58 feet;
THENCE, South 17°44'11" West, 653.62 feet more or less, to a point (having a Colorado
Coordinate System, Central Zone Position of North 554,472.29 -East 1,226,608.59),
whence the Southeast Comer of said Section 29 bears South 88°53 '29" East, 406.47 feet.
Page4
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111111111111111111111111111111111111111111 lllll llll llll ~271!!!3 06/18/1998 01,~0P 81073 P364 ft RLSDORF
5 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
The total length of the gas pipeline easement across said Getty lands, as described above,
is 9525.59 feet or 577.31 rods or 1.80 miles, more orless.
STRIP'T
A strip of land, located in Section 32, Township 8 South, Range 97 West of the Sixth
Principal Meridian, Mesa County, Colorado, with the following described centerline:
COMMENCING at the Northeast Comer of said Section 32 whence the North 1/4 Corner
of said Section 32, bears North 88° 53' 29" West, 2576.85 feet, this being the Basis of
Bearing; THENCE, South 45° 38' 20" West, 1822.28 feet to a point (having a
Colorado Coordinate System, Central Zone Position of North 553,190.33 -East
1,225,712.14) being the POINT OF BEGINNING:
THENCE, South 45° 39' 36" West, 1284.27 feet;
THENCE, South 30' 37' 47" West, 374.35 feet;
THENCE, South 23° 31' 14" East, 101.67 feet more or less, to a point (having a
Colorado coordinate System, Central Zone Position of North 551,877.38 -East
1,224,643.50); whence the North 1/4 Comer of said Section 32 bears North 04° 26' 25"
West, 2644.87 feet.
The total length of gas pipeline easement across said strip of lands, as described above, is
1760.49 feet for 106.70 rods or 0.33 miles, more or less.
The total length of gas pipeline easement across said Getty Oil Exploration Company
lands, as described above is 49,152.57 feet, or 2978.94 rods, t1r 9.32 miles, more or less.
B. The permanent easement herein granted shall be fifty feet (50.0') in width, the same
being twenty-five feet (25.0') on each side of the centerline hereinafter described in
Exhibits "A-1" through "A-7", and in addition, GRANTEE shall have the right to use
i) an additional temporary work space during initial construction of the facilities,
which shall be an additional width of twenty-five feet (25.0') along the permanent
easement, and ii) the right to use an additional work space of one hundred feet by one
hundred fifty feet (100' x 150') along the Easement Area at the crossing of roads,
railroads, streams, terraces and uneven terrain.
C. GRANTEE shall bury all pipe to provide a cover of forty-two inches (42"), EXCEPT
at the points where the easement granted hereunder crosses and intersects
GRANTOR'S GCC and Kobe pipeline corridor(s}. At said intersections, GRANTEE
shall have the option to lay and bury all pipe in accordance "1th Section Ill herein.
GRANTEE agrees to pay for any physical damage to gro\ving crops, livestock and
timber, and to repair to GRANTOR's satisfaction, damage to fences or other
structural improvements located outside the Easement Area which are caused by the
construction, maintenance, operation, repair, alteration replacement or removal of the
facilities. Furthermore, GRANTEE shall compensate GRANTOR for damages to
growing crops, livestock and timber, and to repair to GRANTOR's satisfaction
damage to fences that may occur upon the Easement Area as a result of GRANTEE'S
negligence during the maintenance of the facilities after construction is completed.
GRANTOR has a right to fully use and enjoy the surface except as such use may
interfere with the purposes herein granted to GRANTEE.
D. GRANTEE shall have all the rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but without limiting such
rights; the·right·of ingress and·egress·over and·across·GRANTOR:'S-adjacent· lands to·
and from the Easement Area, the right to use all roads over and across GRANTOR'S
adjacent lands, and the right, with GRANTOR's approval, from time to time to cut all
trees and undergrowth and remove other obstructions that may injµre,.endangi;r or
interfere with the use of the facilities.
E. GRANTOR shall not place any obstruction within the Easement Area, which could
interfere with the normal operation and maintenance of the facilities. GRANTOR
shall not build or construct, nor pennit to be built or constructed, any building or
Page 5
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other improveinent over or across the right of \Vay, nor change the contour thereof,
without the prior written consent of GRANTEE.
F. GRANTOR excepts from the foregoing grant of easement all ores and minerals in, on
or under the easement area, and reserves the right for itself or its assigns to explore
for, mine, imd remove the same.
G. This easement is granted subject to all existing easements, rights of way, licenses,
leases and other agreements affecting the surface or subsurface of the Easement Area.
H. GRANTOR makes no warranties or representations concerning title to said Easement
Area.
II.
COVENANT THAT OPERATION OF EASEMENT NOT
INTERFERE WITH ADJOINING PROPERTY OF GRANTOR
A. GRANTEE agrees to maintain and operate the casement herein granted in such a
manner that the operation thereof will in no way hinder or prevent the proper and
reasonable use and enjoyment, including ranching and/or cultivation of the adjoining
property owned by GRANTOR at the date of this conveyance. GRANTEE
acknowledges that the easement granted hereunder is subject to the needs and desires
ofGRANTOR and the GCC and Kobe Joint Venture parties concerning placement
and operation of water pipelines in GRANTOR'S GCC and Kobe pipeline corridors.
GRANTEE further agrees and covenants not to hinder or interfere with GRANTOR'S
and/or the GCC and Kobe parties' use of the pipeline corridors for construction and
operation of the GCC and Kobe water pipelines and other oil shale development and
operations of related facilities.
B. GRANTEE agrees to use its best efforts to remove topsoil fro1n the easement
separately from other material removed by GRANTEE in the construction of any
pipeline or other permitted structure, and to replace such topsoil in the easement on
completion of any such construction. GRANTEE agrees to compact the soil in those
portions of the easement that crosses irrigated fields so as to not interfere with normal
irrigation pattern. GRANTEE further agrees to use its best efforts to insure that the
Easement Area shall be left free of any large stones, holes, or piles of dirt which
would interfere with farming and/or other ranching operations thereon.
C. GRANTEE agrees to replace or rebuild to the satisfaction of GRANTOR any and all
parts of any drainage or irrigation system that are damaged by the construction of any
pipeline or other structures installed pursuant to this agree1nent.
D. GRANTEE agrees not to construct the pipeline in the easement as herein granted
during the irrigation and crop-growing season where such easement crosses irrigation
ditches or systems and irrigated lands, unless GRANTEE constructs temporary
diversion flumes in the irrigation ditches and prepays Tenant for value of growing
crops that may be destroyed.
E. GRANTEE shall have the right to cross fences on the adjoining property of
GRANTOR whenever such crossing shall be reasonably necessary in the
construction, maintenance, or operation of any structures in the Easement Area;
however, GRANTEE shall maintain a proper closure at all times a.ri.d restore such
fences as promptly as possible to their condition prior to the crossing; provided,
however, that GRANTEE shall not be responsible for a lack of proper closure or for
restoration of fencing if caused by someone other than GRANTEE or its agents,
contractors, or representatives.
F. GRANTOR reserves the right to fence the whole or any part of the boundaries of the
easement, and the right to build fences crossing the Easement Area, provided
GRANTEE is afforded ingress and egress to the Easement Arca through gates or
other measures.
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7 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
III.
REQUIREMENTS.FOR CROS"S!NUGRANTOR'S GCC AND KOBE
PIPELINE CORRIDORS
A. GRANTEE has the option, when crossing GRA'l\lTQR'S GCC or Kobe pipeline
corridors, to either (I.) construct the pipeline as detailed in LC. above, or (2.) to
construct the pipeline in the n1anner hereinafter detailed. If GRANTEE chooses
option (1.) above, GRANTEE agrees that, upon v.Tittcn notice given by GRANTOR
at least one (1) year in advance, GRANTEE, at its sole cost and expense, will remove
and re-install the pipeline in the affected corridors in accordance with the requirement
listed below:
B. Upon notice from GRANTOR, GRANTEE shall remove the existing pipeline in the
affected corridor(s) and re-install the pipeline by excavating and encasing the pipeline
in.concrete,.with.the..top.of.the.encasement.a.minimwn.of 17. feet.belo'Y-existing
grade, with proper backfi1ling, following acceptable engineering practices. Prior to
beginning the re-installation, GRANTEE shall obtain GRANTOR'S specifications
and approval of the construction procedure to be followed.
C. Upon completion of the pipeline crossing, GRANTEE shall remove from
GRANTOR'S pipeline corridor all construction tools, machinery, equipment, all
rubbish and other waste materials. The pipeline corridor(s) shall be left free and clear
from all obstructions, hindrances and safety hazards.
IV.
TERM OF AGREEMENT
This RlghrofWay Gtantshain;e effective for a period"oeginniilg on the date hereofand'
shall continue so long as GRANTEE continues to use and maintain the facilities in the
Easement Area. unless terminated or cancelled prior thereto in the manner provided for
herein.
v.
!NDEMNIFICA TJON
GRANTEE shall defend, indemnify, and hold GRANTOR harmless from and against any
and all damages, claims, liability, and causes of action for injury to or death of any
persons, or for damage to any property, arising out of or resulting from the construction,
use, maintenance, or removal of any of the t8cilities, or from any operations, activities, or
property of GRANTEE on or about the Easement Area. In addition, GRANTEE shall
defend, indemnify and hold GRANTOR harmless from and against all loss, cost, expense
and claim for damages of every kind and character to persons or property arising out of or
in connection with GRANTEE's operations upon any of the Easement Area, including
claims based on acts or omissions ofGRANTEE's contractors, sub-contractors, heirs,
successors and assigns. No additional risk or liability shall be assumed or incurred by
GRANTOR by reason of the granting of this easement.
VI.
TAXES, LIENS AND ENCUMBRANCES
GRANTEE agrees to pay promptly and before delinquency all taxes and assessments
levied or assessed upon or against the Easement Area during the term hereof, by reason
of, or resulting from the construction, maintenance or use of the facilities and to
reimburse GRANTOR for any increase in taxes assessed against or paid by GRANTOR
resulting from the value such facilities, whether or not separately assessed.
Page?
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8 of 19 R 96.00 D 0.00 GRRFIELO COUNTY CO
VII.
TERMINATION
A. GRANTEE may terminate this agrcen1ent at any time by ,,...·ritten notice to
GRANTOR. Upon such termination, all rights of GRANTEE in, upon and under the
Easement Area shall cease, subject to the provisions below concerning removal of
GRANTEE's facilities from the Easement Area.
B. In the event of any default by GRANTEE in its obligations hereunder, GRANTOR
may deliver to GRANTEE written notice specifying the default. If the default
remains uncorrected for a period of thirty (30) days after receipt of the notice,
GRANTOR may tern1inate this agreement upon \Vritten notice to GRANTEE.
C. GRANTEE acknowledges that a portion of the Easement Area, and adjacent premises
belonging to GRANTOR, may be covered by a da:in and \Vater storage reservoir.
GRANTEE agrees to maintain and operate the easement herein granted in such a
manner that the operation thereof will in no way hinder or prevent the proper and
reasonable use and enjoyment of the adjoining property by GRANTOR. Whenever
GRANTOR determines in its sole judgement that the GRANTEE's facilities or use of
a portion of the Easement Area will intertere with GRANTOR's and/or the GCC's
existing or proposed operations, GRANTOR may so notify GRANTEE, by written
notice describing the portions of the Easement Area as to which GRANTEE's
continued use will so interfere. Upon receipt of such notice, GRANTEE shall
relocate its facilities to prevent such interference to a location ofGRANTOR's
choice, reasonably amenable to conventional construction techniques, upon other land
owned or occupied or controlled by GRANTOR and/or the GCC. The expense of
such relocation shall be borne solely by GRANTEE. GRANTEE shall have one (I)
year from receipt of the notice of interference in \vhich to complete any relocation
hereunder. In the event of relocation to other lands of GRANTOR and/or the GCC,
all of the provisions of this agreement, including this paragraph, shall apply to the
relocated Easement Area. Whenever the foregoing notice of interference is given to
GRANTEE, this agreement shall terminate, as to all of the Easement Area described
in the notice, on the date one ( 1) year after receipt of such notice uniess relocated as
set forth above.
D. If GRANTEE fails to begin construction of the pipeline under the Easement Area
within twelve (12) months after the effective date of this agreement, GRANTOR may
terminate this agreement upon written notice to GRANTEE. unless said construction
is delayed by federal regulations, and then not to exceed a maximum of twenty-four
(24) months.
E. Upon any tennination of this agreement as to all or any part of the Easement Area,
GRANTEE shall have a period of six (6) months from and after the effective date of
termination in which to remove all of its facilities from the Easement Area or from
the part thereof as to which the termination applies, provided, however, that in the
event of any relocation of facilities as provided above, the removal provision shall
apply. Additionally, GRANTOR may designate certain portions of the Easement Area
that may interfere with GRANTOR's or the GCC's future planned facilities, and
request that GRANTEE remove all facilities from the designated Easement Area.
Upon such removal, GRANTEE shall place the Easement Area in a neat, safe and
orderly condition. After the six (6) month period, any facilities or property of
GRANTEE remaining on or under any portion of the Easement Area as to which this
agreement has terminated, shail be deemed abandoned by GRANTEE and shall
become the property ofGRANTOR.
F. Upon termination of the rights herein given, GRANTEE, upon request by
GRANTOR, shall execute and deliver to GRANTOR, within thirty (30) days after
written demand therefor, a good and sufficient quit claim deed to all interest of
GRANTEE so terminated. Should GRANTEE fail or refuse to deliver to GRANTOR
such quit claim deed, a written notice by GRANTOR reciting the failure or refusal of
GRANTEE to execute and deliver said quit claim deed, as herein provided, shail after
ten (10) days from the date ofrecordation of said notice, be conclusive evidence
against GRANTEE and ail persons claiming under GRANTEE of the termination of
Page8
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9 of 19 R S&.00 D 0.00 GARFIELD COUNTY CO
the interest granted hereunder or a portion thereof, subject to GRANTEE's right to
remove its property within six (6) months of such termination.
VIII.
TRANSFER OF INTEREST
The rights granted to GRANTEE under this agreement shall not be assigned or otherwise
transferred without the prior written consent of GR.<\.NTOT{, which consent shall not be
unreasonably withheld. Subject to the foregoing, all oftlie tenns, covenants, and
conditions of this agreement shall be binding upon the successors and assigns of the
parties.
IX.
APPLICABLE LAW
This agreement and exhibits hereto shall be governed as to validity, enforcement,
construction, effect, and in all other respect, by the la\v of the State of Colorado, and its
courts shall have jurisdiction to enforce this agreement.
x.
NOTICES
Any notice required or permitted under this agreement shall be given in writing. The
notice shall be served either by certified mail or FAX. directed to the addresses set forth
below or such substitute address or addresses as provided to the parties to this agreement
thirty (30) days in advance of any notice. Present addresses to which notices shall be sent
in accordance with the provisions of this section are:
GRANTOR: GETfY OIL EXPLORATION COMPANY
C/C) Texaco Exploration and Production Inc.
Rockies Business Unit
P.O.Box2100
Denver, Colorado 80201-210()
GRANTEE: TRANSCOLORADO GAS TRAJ\SMISSION COMPANY
370 Van Gordon
Lakewood, Colorado 80228
IT is agreed that this grant covers all the agreement between GRANTOR and
GRANTEE and that no representation or statements, verbal or written, have been made
modifying, adding to or changing the terms of this Agrec1nent:
IN WITNESS WHEREOF, the above parties have executed this agreement as of
the day and year first above written.
e:lfiles\word\co!orado\oilshalc\ta11scolorow.doe
GRANTOR:
IL EXPLORATION COMPANY
e./"'-
Tax ID: 95-2813020
GRANTEE:
TRANSCOLORADO GAS TRANSMISSION
COMPANY
{t "' /1 By: ?lj/ ,41 I ( ,\ / vrt<-----<-1. -" G. Vti'. DeBe;mrdi, Vice President
Technical Support
Questarn·ransColorado, Inc., A General Partner
Page9
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10 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
TENANTS CONSENT
The undersigned tenant and/or holders of a surface lease on the above described
lands hereby grants his consent and approval to the above described easement, and the
full use of exercise thereof, >'Ubject to the condition that any and all damages sustained to
his crops and other property on said premises, as a result of the negligence of
GRANTEE, shall be paid to him by GRANTEE.
EXECUTED this ~ day of ,/?'/•; ?'" ----~·---? , 1998.
TENANTS CONSENT
The undersigned tenant and/or holders of a surface lease on the above described
lands hereby grants his consent and approval to the above described easement, and the
full use of exercise thereof, subject to the condition that any and all damages sustained to
his crops and other property on said premises, as a result of the negligence of
GRANTEE, shall be paid to him by GRANTEE.
EXECUTED this _-~,,,,._3"---·---day of f't, "() , 1998.
TENANTS CONSENT
The undersigned tenant and/or holders of a surface lease on the above described
lands hereby grants his consent and approval to the above described easement, and the
full use of exercise thereof, subject to the condition that any and all damages sustained to
his crops and other property on said premises, as a result of the negligence of
GRANTEE, shall be paid to him by GRANTEE.
EXECUTED this ~JJ . l) day of_~(Y'/~"="--;1_1-~, 1998.
~'./ ~ //
Page 10
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S27093 06/18/1998 01•50P 81073 P370 n RLSDORF
11 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
ACKNOWLEDGMENTS
/
My commission expires:
)
) SS.
)
uh4f.I
STATE OF Q6b(J~ '!lO )
) SS.
COUNTY OF s~ LT LAJ<e
The foregoing instrwnent was acknowledged before me this ~~ay of
~ , 1998, byG. W. DeBemardi,asVicePresidentof
QuestarffransColorado, Inc., General Partner ofTRANSCOLORADO GAS
TRANSMISSION COMPANY.
Witness my hand and official seal.
My commission expires: /t:.>-I -'j 8
STATE OF c"' /o ·' • ..._~ §
§
COUNTY OF _..,., ·~ • "'-· §
NOTARY PUBLIC .
Tin1othy R. Blackham n South s11111
Satlt.alr9CICy,Utah 84111
111 Commi11ion Expites
October '. 1'198 STkTE·oy·UTA'R.
The foregoing instrument \Vas acknowledged before me this ~ day of
,......,....,~ , 1998 byc.~o..r/4.J L.c.;_f;i;,o .. m
~·.6:
Notary Public
My Commission Expires ~ :i.. ~ ;z. ''Po ..
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12 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO
TENANTS CONSE-:>IT
The undersigned tenant and/or holders of a surface lease on the above described lands hereby
grants his consent and approval to the above described easement. and the full use of exercise thereof,
subject to the condition that any and all damages sustained to his crops and other property on said premises,
as a result of the negligence of G~EE. shall be paid lo hi1L
EXECUTED this '2-day of _s:;; :· .I.__ __ • 1998.
(j7 & O~ct b--0-r-t"" l-':J
__,,,~=-=i--+",f&~""-~-'-"_,6=·-'_,_,J'-e.rt1-,..1 1
' (JicO}o..v <J,\
TENANTS CONSENT
The undersigned tenant and/or holders of a surface lease on the above d=ribed lands hereby
grmts his consent and approval to the above described easement., and the full use of exercise thereof,
subject to the condition that any and all damages sustained lo his crops and other property on said premises,
as a result of the negligence of GRANTEE, shall be paid to him.
EXECUTED this _______ day of ___ _ . 1998.
TENANTS CONS~;NT
The undersigned tenant and/or holders of a surface lease 011 the above described lands hereby
grants his consent and approval to the above described easement. and the full use of exercise thereof_
subject to the condition that any and all damages sustained to his cr~ps and other property on said premises;
as a result of the negligence of GRANTEE, shall be paid to him.
EXECUTED this _______ day of ____ _ , 1998.
• ·····--_.tt...::-:.1 •••. _. ___________ -·-···· -.... --··-·
EXHIBI'r "A 11
.. /
t-1. GA',-,,
" ft"''
l'/\l~l en· 1111.·. w I/) IJF '.;[(;ll()l\I :3, Al\JD
ll 11:: W 1 // Cll SL'CTIOl·I I Cl,
TUWl,ISI Ill' ~.i :;OUT! I, l~!\llCL 'JI WL:il
(-:ill1 l'l~JJ-.JCll'/\L lv11Vllllt\l"i
GAF\FllJ_IJ COUI'~ !"Y, COLOl~ADO.
T {Ill.) 11 1111--vu-r.n 1·1
I I 11:1<1,0!1· '"· ur
' •\ •'~ '1•11. J:',!J'l l 11.1 ii. l ·I (· ., I .11 •
,. .. """'"'.·I. 7··:·'.':~._,:·:c.:;]~~:f ,;;;0'.•;--~".7~.t ~:'
i111:~1~~-1 .. or. r. -. :~~-~~: \, '· ·l'.r. mi. 111~;
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1'.I. 110. 111.5·.-·· •. ··p '·( P.1. Ill). 11101
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S OU··l1-J1 ( " ----••••••• :i 11-·'lll·~:i V/ ~/lll.IG' ---• :>:.1!l.IU' I
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:; 111 .. 11··41. E ••• ---,i-.·. -~ __ :; 111·.~G ·'!.I w ~ ru IJC
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1G 157 ~~ -io·T~
(TIE) S DD-06-511 E -~
129l,li0'
J.6~_V_LAf.LQN?.._
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GG"/.24 l<OIJS
~.09 1.uu:s
TRJ.ICiCOl.OIWJO 1'11'1.:l.tllf. ,.:; :illOW/l llfl!I Oii J trS Al'l'frtlX!~lf\lf.l.Y
:.!S rcu W(ST or llOCKY IJOlJlllA.111 c...s IJllJ;.
!'~!'·~:.
1.) 1l,~:1•; or llfNUllt:: r.run lll'>JUll!:. C:tl!Oll~Kl
:;i111r. l'll'IU: t:OIJ!!lllll·\11: :;1s11.r.r. c:UUJHAllU
~UUlll lOU(. GUil> l\l}JlllH: 1lf 1"1.1'fJI O,'.iJ,
r;1•s COlflUOL 1•mru:; Wl\.10\V (Ll:>C ti c:s
COllHlC'I. t.!OWJUl:lll) NIU UAU (!:rt ~/I( llFIWI
IV/ALllfl. t:M'). pp,m;~ r, 02··01··3/ W
I./) •• 1111111(1 ~r.c11or1 t:mun:u "s 1m1n>
~ -rouim 1/t r.onur.n "o:: 1m1cu
1··; .
--E0-·
I ,J
EXllIBrr "A"
F't\l\T OF THE WI /"l 1\r~D Tl 11:· •:TI 1 ·1 .__I ,,_ / '· • OF S[CTIOl\I
Ai'ID Tll[ l'J"i /? 01 '.;l:CTIO~,J 22,
lOWl'IS!-111) ~) ' (JI JTI I ~. ) -. ~ I ~1\I -IC~ L: ~)"/ W['.';T
()ti\ l'l~ll·~Cl/1 /\I. lvlLl~IDl1\l'J
CAl"~FIFlD COlJl,ITY, COLOl~ADO.
,
\
\
lit:) $ Ull··lln -~U r. .. \ \\
29J.60'
ru. u~~· 1~~~ ~
IG .15·····.·.·.·
ro. u.r.. 16
U.S. CLO, --
102l 21
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...... · 1•.o.r. JllJ. • 'fl · 1 ~.>. I '1
S I L-·Jl·<'-i !'
,-·,l'/nU.!'.lfi'
I GITIY 011.
EXl'l.llH1\TIOf'I
COMPA: IY l./\l·ID~'i
I
I
\
I
I , I l fl). u.c. ~~ -~~-----------·--------l~--~~ ~l
?.7 2G
J(l[3_ULAT[Qi'!;!
llG90.0"/ FEEi"
!j?.G.G"I RODS
1.G5 MILES
.!!~!!:...
l/WISCOl.OIWJO l'll'EUllF. /IS SllOWll llr!lf"Oll llf.!: .AJ'/'UllJ<ltJl\1(1.Y
:is Hrr 1vcsr OF IUlCKY UOlllllNll Cl\S 11111:.
·15 '
---c )---
' ,j
1-··--·-· -·-·--··-···-·-··---··-··. ···-· .... ······ -· EXJIIBI'l' "A" · ············rr ·c1r1---·-··-····
l')AF~T OF
TOWNS+llP
Tl·IL r::·1/'J
:_=:, '.:~OlJHI,
'.J::CTION 34,
o.-7 wr.c··1· _J 1:...:) .
OF
FV\l,ICE
L> l I 1 I 1I\11,1CJ1 1 /\I. Iv! I ]~ID l/\N
CAr<1:·1u.D COlJl'i i'Y, COLOf~ADO.
·.·
CfTIY OIL l'XPl.lll?ATIO/'I
COMPANY lAl.JllS
·:.
"' ..... Cll 01
er. ~~
·.· ·.·
Jf\.!2_V_IA.CLQ.1'1 :3
5521 .3?. FF.ET
.D4.G3 llOllS
1.0~ MIU~~;
1111\[':0~
.!~.f~~:-
THAHSCOLOIWJO l'Ll'l:llllr. ... s Slk)Wll 111:m:rn1 llf~; Al'l'IUl)(IM ... IF.tY
'l5 l'CE.T WESr or itnrJtY LiO\nuNti r..-.s urn:.
-1.) ··1v.s1s 01 111 .. ,rnm:: t:1;111 urJ.Jurn:. cotwwm
Sf>.u: rL.\m: COUUDlllJl.I~: !o"'l'SIEIJ. C.:OL.OR.\111) cr.rmv.i. zom:. cruu orM111r. uuvlfDI 11.s.1.
t;I•:;· r.ouun~. l'lllll!S U\ll /JIO u ... r. (Sfr
5/1( lltll~lt IY/N. lll.I. CAl'S).
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1··-··--·--···----·-·-·'·········----·-··-········· ...... H:, 't.
EXHIBIT "A"
/.lf\/~T 01:· Tl It: l\/l I /,I .... / (·· 1 · '.'·1··c1·1 1/\1. ·,o ) .) ... ·' l ,) '
TOW/\JSHl/1 / '.)OtJTI I, i·U\/'Jr~J: <J/ WLST
GU1 i'l\il'.ICIP;\J tvlll-!IUlt\l,J
CAl~F·llJJl COlH!TY, COLUJ,:AUO .
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· '·'I ·' ,J. ......... . . l'I 110. t:'l Ill
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~;~ /' I fl' ·: •.,_!> :;7-·20 -51 w
I·· :. .191),r,:,•
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·.• 500,fill'
l'I I!!' tt· ;., •-'· ........ •••· f'I 110. t:ll50
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llWISCOLOIV.UO rll'(Ul!E AS StlOl'lll ucncou UES M'l'llOXW...-1~1.'(
n rr.tr WEST or llOCKY J.IOUIHJJU CAS t)tl[ rROU JI.I. 110, O!Jljl)
10 r.r. 110. D!IGS.
11011'.S:
LI-iii.sis or nrM111r: •• r.ruo urA1111m. r:nl.<·1wm·
51111£ l'lAllC t:OQnULll.\11; :;'1S\F.U. r.Ol.0111100
!:ou111 7.nrir. 1:;mo 111/\lum: 11nwr.1.11 1•:;1
1:ur11nm. l'OUll!i UM h!ll) l/JJJ
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, -................ .,: .. ;..:_-::_,. .. · .: .............................. · ... --l~X 11ID1'1'. •. '.:A. '.'. •••• /:!.~ ~.-. -.. .. . .. .... -· ..... -......... . ·····•· ., . ,,.,..,. ......... -..... ~.
UJ i-J
" iii ci
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A 1'01\1101'1 (JI' '.;ICTllJl,I'.; /, I I & Iii
Toww·;1111 1 I\ '.XJUTI I, IU1l,lr.:I: !)/ WI:'..; I
Gill l"fm~Cll'AL lvll:l(llJIAJ·~
M[Sf\ & GAl~FllJ.ll COUl,llY CCllJ)/~l\DO
ti !i
" "
···-·--.... _ ...... .,. -.
ro " ~ " n: .1:
.. --··-··-·····
:~1 l!l
.J j\l!JdL8l!QN_~; __
HJJ!JU. 10 r1-1 r
li.10.'J'l. Hfl!J:;
I.ff/ Mii/~;
Ill""
l.!1 .....
~;[(; .....
1ll ::
..
. -.... _____ .....
I
0
"
I(
20UO
SURVEYOR'S :~TA TEMENT SCAI f 1" ~· 2UCJIJ'
I hereby sloto lht1l I wus In rosponsllJJe ch
0
m 9e of Ilic
i;urvcy os rcprcsontod by this plat ond II wns prupurcd
lrorn n flold survoy i:omplote<l Jud119 the mcmlhs uf
~~'Y & Juuo, 1::2 ~~ -"tz;!~-COLS 10097 ---
LEGEND
~ rout~[) MUNUMIJ-1'1
"
4000
I
ll"0 IERMOUNTAIM TEC:Hl~ICAI. Sl:J~\llCES, lt"C.
-1:soo MOlOR SlREET
Cil~Ar4n J\JHGJIOI~. COUlRAllO 01505
I~~ ,a oOI, lJ~..a., _...... • -., ~ A ,.... Alb
D NA8Yo::b9-V8.VK.MUU
'IUANSCUl.ORAUO l'IJ"l'l.tl·lr:: (SllO\'nJ llFREOM) nuus PARAl.l 1:1. TO,
AMD CROSSES l~OCl<Y MOUNTAIN l·IAlUl~AL GAS U14t::.
· .. -· ·· ....... · · · ... cxs· 'ifili'Ns"i..iissioii'co'iif>'A'iir
~ E~jiEIAENT REQIJlRfiD FOR
22 and 24 O.D.
Tl~Al'1SCOLORADO PIPELINE
AU. llCAfUMGS AMO fllSlAllC[5 HEPOlllEl.l 111'.l?F.(llJ AHF c1:-·1·r'yCHO\s_~~f"D'~
WTIJUH:o ·u.i lllf C:OUIUAUO coonOlllA'J[ SY~lF.M, C!JJ IBAI. L /'\" ~
/OMI:, llALl Hl2/, AS llt'.HJU.llMl:tl ll'f 'JllE rlEl.ll SIJHVI:Y Ill'.!; Q!~'i!~J1.!L!.fS ~CALf.: AS t!OlEU
10 t:.P.'.>. SUl~Vl:'.Y COl'flHOI. ~TAllOtlS (f'Rf:ll, Mf:'SA lie llAl!HIS). ·"'-----!===-'"'-=='-----(
10 AClllEVE AC'lUAI. c:HOUMU IJISl/\NC[!>, MllL'flPl.Y 'llJE 9!t:.f!S!.:Q~,,,ll',:S_+J::;N_::;•o::.:':.:'":::"--------I 2_1~~~~~1.~2~1-~~:.~~! .• E.~'2..r!!!~--·---·· ··-·-· -·'-·~·~ ......... ~ ... -··-··-··-.. ~~-'.\.~'~: .... •)!.'!:~·:. I !1!17. ••. fl/?A\'ilNC; tin. :1uT/!i . ?/!
~~~~~~~~~~~~~~
---•o~--:, 1 ' ''•' .. f," 1::1..:..../;z.-.f
A POf~TJdN OF SECTIOl\JS 20, 21, ':ii3 & 29
TOWNSHIP 8 SOUTH, !~ANGE 97 WEST
6th Pl~INCIPAL MERIDIAN
1-,,•-J111E ,.:•.:· ,.. ,~
1:;:Jfi1<·•1'.Z.
0•11•·• r.:
/o "•<
MESA COUNTY, COLORADO
lO 17 s 06*'12'3GN E 17 16 . 16 15
21 22 19 ~20,66 @'::·':Y:'!ii::·::·':'i::i:.-::::::::::~"'j_'{j'"· .~.-f·:·:·:·:·:·:·::·:·.\::
Joa~o>·, ~ ::.~ ~.:.
19 20
JO 29
Jo 29
31 32
. 6 ~
SEC
29
LS
Lfi
.;:
il,-L8
~ ;~ ·, ...... , ··:·:·:·:·:·:·:·:-:-:-:-:·:-:-:-:-:·:-:-:·:·.-'.-:· :~-.... ~ ;.:.: J
·'::
·::
SEC
21
GETTY LANDS
SEC
28
::·:·
'0'"''"'''·""<~'· 27
JJ J4
TABULATIONS L5 s aria oo E 171t.7J f);;
!/ >.\
9525.59 FEET
577.31 RODS
1.00 MILES
LG S 16~'J.f" W 769.-19 -
L7 s ffiT4i'fii w Jt7G.oo'
3URVEYOR'S STATEMENT
lioroby slol1t thol I was In rosponslblo chorg'J or tho
1urvoy os reprooonlod by Ibis plot oncl I\ woo proJlorud
'rom a flold survoy cornµlolod Uurlny Jll'J 1nonllrn of
-lay & Juno, 1092 fJ· . J
~ .··,\~\\Ull/:11111:1 ,
C LS 1009 f::::::~/ii;f:!:::: .. · .
. ! ... '·::~·:(.=
• :· •1 ·
:·:_; t, ..
'v':~/•I: !i•<, .. " . .;''
' ., l ' ,\ ( l .-.~·
• '·1••1111;1;11•1;'\\"·'·
~OTE:
RANSCOLORADO PIPELINE (SHOWN llEREOM) RUHS PM<ALLEL 10,
.NO CROSSES ROCKY MOUNTAIN NAlURAL GAS LINE.
\ll DEl\RlNGS AND DISTANCES REPOR1EfJ lll)H~ON Af<f.
ff.FERRED 10 l!IE COLORADO COORDINAlt:. SY:llEM, Cl:l·l"Tl~At.
'.ONE, NAO 1927, AS DElERMll~ED 13Y Tl-IE FIELD SURVEY llE::S
TD G.P.S. SURVEY CONTROL STATIOflS (FRED, MESA & llARRIS).
ro l\ClllEVE ACTUAL GROUHD DISTANCES, MULTIPLY 'TME
11lSTAMC:E UY 1.0Q0:\/.1G fA~TOfL
..
D 2000 '1000
lfWLES&UUS •e ii!l
SCALC:: 1" u 2000'
LEGEND
</). FOUNU MONUMENT
INTERMOUNTAIN TECHNICAL SERVICES, INC.
1360 MOTOR STREET
GRAND JUNCTION, COLORADO 01505
ltlll'Peri. Al m a A_..... 41A. I .oA. Pllili Al A. ~
I KMUVJ.;,.\,UfJ.VKMf!JV .................... ciis··1'R"Af.is'i.iissioii·cau?;.f.iv
t~~Et.1ENT REQOIRf,U rori
22 and 24 O.D. ·
TRANSCOLORADO PIPELINE
ACROSS
GETTY LANDS
DRAWN~ MT ITS SCALE; AS NOTED
1 ,c~ll~E1· ~cK~t~o~1,1 -.~,K~s~1~:s~-1,J,N1, .9,1~;,~_"1 •n .,,,._~·,.., ... ,q
DA F: , If , 111·1') "
------~-·'(-JT.J. ., tr
A PORTION OF SECTION 32
TOWNSHIP 8 SOUTH, RANGE 97 WEST
6th PRINCIPAL MERIDIAN
MESA COUNTY, COLORADO
30 29
31 2
31 32
6 5
TABULATIONS
L1
SEC
32
D EC s 30'37'47
N 66'53'29" W 2576,85'
D
374.35'
29 28
33
32 33
5 4
1760.49 FEET
106.70 ROOS
0.33 MILES 2 S 23'J114 E 101.67
I hereby slalo thot I wos In responslble chorge of the
survey represented by lhls plot and It was prepared
from a fleld survey completed during the monlhs of
Aprll & Moy, 199J, the own111rshlp and ollgnment was
revised ln February 1996.
Merritt P. Diamant Co, PLS 10097
ALL BEARINGS ANO DISTANCES .REPORTED HEREON ARE
REFERRED TO THE COLORADO COORDINATE SYSTEM. CENTIRAL
ZONE. NAD 1927, AS DETERMINED BY THE FIELD SURVEY TIES
TO G.P .S. SURVEY CONTIROL ST A l!ONS (FRED, MESA & HARRIS).
TO ACHIEVE ACllJAL GROUND DISTANCES, MULTIPLY THE
DISTANCES SHOWN BY 1.0003245.
1000 0 1000
SCALE 1" "" 1000'
LEGEND
0 FOUND MONUMENT
MERRiTT P. DlSMANT, PLS
585 ELKHART LANE
2000
GRAND JUNCTION, COLORADO 91504
~Pi!i:tro. -'=" a a~~ ..a.. a .di!al.. ~ a ~ ...._
D NMUVJ;J\,VJJ..V!Jr<AUV .................... 1ii\s"i'R'A'i.isi.iiss1oi:tco·M·1;,;:r . .jv
EASEMENT REQUIRED FOR
22" and 24" O.D.
TRANSCOLORADO PIPELINE
ACROSS
GETIY LANDS
DRAW/II: MT JTS SCALE: AS NOTED
CHECKED: KS/ITS DATE: NOVEMBER 1991
RE"1SED 2 10 98 MPO ORA\\1NG NO. 30775-57
Return to:
RIGHT OF WAY AND EASEMENT
JOAN L. SAVAGE, SAVAGE LIMITED PARTNERSHIP I, DANIEL W STROOCK and SUE ERPF
VAN DE BOVENKAMP, referred to as "GRANTORS," for and in consideration of one dollar In hand paid and
other good and valuable consideration the sufficiency of which is hereby acknowledged, do hereby convey
and grant to TRANSCOLORADO GAS TRANSMISSION COMPANY, a Colorado partnership, referred to as
"GRANTEE," a right of way 50 feet in width and a temporary construction easement 75 feet in width for the
purpose of constructing, maintaining, operating, Inspecting, using, repairing and removing one 22~inch
pipellne authorized by FERG Order issued June 3, 1994, 67 FERC V 61,301 (1994), and appurtenances
incidental thert3to, referred to collectively as the "Facilities," for the transportation of natural gas and
associated liquids and gases on, over, under, across and through the following described real property
situated in the County of Garfield, State of Colorado, I g U ; rjth iilA easer'flenl fa: I §I IS IFiill' i~a~to-wi : . s
Being In Sections 5, 17, and 19, Township 7 South, Range 97 West. 6th PCM., the N.5 :;Z;.,.r,
approximate centerline of which Is more specifically described as follows:· $V" ... j rJ~:i?",I(:"
-0,,, 7 v'w:;-9,r ~-See "EXHIBIT A" attached hereto and made a part hereof. 't}'/t1J'-.._.-
TO HAVE AND TO HOLD for so long as used by GRANTEE for the purposes of this grant and for
two years thereafter, subject to the following additional terms and conditions:
1. GRANTEE shall have right of ingress and egress along the right of way for the purposes above set forth,
provided that if any part of the right of way or any area adjacent thereto should be, or become, a part of
GRANTOR'S oil shale operations of whatsoever nature, GRANTEE may, except in cases of emergency,
enter said premises only after giving notice to GRANTOR of its Intent to do so.
2. GRANTOR hereby reserves unto itself the right to use and enjoy the surface, so Jong as such use does
not unreasonably interfere with Grantee's use, such permissible use by Granter to include, the right to
erect or construct on or across this right of way above-ground, grade-level or underground pipelines,
power rrnes, telephone lines, road crossing or any other facilities necessary for GRANTOR's operations;
provided, however, such llnes shall be installed not closer than three feet from Grantor's pipelines in a
parallel direction nor closer than one fool in a crossing direction and, provided, further, that prior to any
excavation of the right of way, GRANTOR shall comply with the notice provisions of Colorado law with
respect to excavations on or near underground utility facilities.
3. GRANTEE agrees that the pipeline shall be buried with a minimum covering of 36 inches or such depth
permitted by the federal Pipeline Safety Act and regulations thereunder. The above-ground pipe and
support sb'uctures shall blend in with the landscape. GRANTEE a/so agrees to pay any and all damages
to fences, timber, land, and other Improvements which may be suffered from the construction, operation,
maintenance or removal of the pipellne. The pipeline and all other equipment and facilities CtJnstructed
within GRANTOR'S property shall conform to all applicable government and industry standards for natural r1t°J j
gas pfpeline transmission. GRANTEE shall repair or replace all fences and ditches to as good or better /; J
condition as existed prior to GRANTEE'S activities on the property. GRANTEE shall reclaim and
revegetate all disturbed areas to at least the minimum standards Imposed by Bureau of Land
Management tor comparable habitats, except that irrigated hayfields are to be revegetated with species
comparable and compatible with existing vegetation in non-disturbed areas. GRANTEE shall also be
responsible for all weed control in disturbed areas untll fully revegetated.
4. GRANTEE agrees to set and maintain vlsible monuments of a durable nature where the pipeline enters
and leaves GRANTOR'S land, and also at any paint where there Is a material change in direction followed
by the pipeline.
TransColorado
1832 S. Townsend Ave.
Montrose, CO 81401
1111111111111111111111111111111111111111111111111111111
~30888 08/20/1898 04:10P 81084 PB72 ft ALSDORF
2 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
5. In the event the busl1 •ess ct operation of GRANTOR should make it necessary or desirable for GRANTOR
to use the property v1hich is subject to this Right of Way and Easemen~ in a manner which would make
It necessary or advfsable, in GRANTOR'S opinion, to relocate any of the facilities constructed or located
hereunder, GRANTEE, at GRANTOR'S expense, shall accompHsh such relocation within sbc months after
It is notified so to do by GRANTOR. GRANTOR must provide an alternate route on GRANTOR'S property
and execute a grant therefor. GRANTEE agrees, In the event of request by GRANTOR, that In
accomplishing any relocation It will leave the property which Is subject to this Right of Way and Easement
Jn substantially the same condition as when entered upor. by GRANTEE, or GRANTEE may abandon in
place Its existing Facilities.
6. All operations of GRANTEE or GRAN TOR hereunder shall be in conformance with all governmental laws
and regulations. GRANTEE agrees to Indemnify and hold GRANTOR harmless from any and all daims,
demands, llablllty and suits. collectively referred to as "Liability," fur any and all damages to property and
persons, including personal Injuries or death to any and all persons arising from GRANTEE'S negligence
or willful misconduct excluding any Liability caused by GRANTOR'S negligence or wiUful misconduct.
GRANTEE shall, within 60 days of termination of this grant, prepare and file of record a release of this
Right of Way and Easement and shall provide GRANTOR with a copy of such release with recording data
stamped thereon.
7. The terms and conditions and provisions of this grant shall extend to and be binding upon the parties
hereto, their successors, administrators or assigns. The prevaillng party in any lltfgaUon arising out of this
grant or the actJvitfes of Grantee on the property, shall be awarded its costs, expenses and attorney's
fees.
In WITNESS WHEREOF, the parties hereto have executed this Right of Way and Easement this _day of
July, 1998.
JOAN L. SAVAGE
SAVAGE LIMITED PARTNERSHIP I
ay,Lt~
JoiML:Savage
ATTEST: TRANSCOLORADO GAS RANSMISSION
COMPANY by QUESTAR
TRANSCOLORADO, INC., partn~er 1
Sy: ~ {J ~. -) By -/C,;,I (e {41\J.rtf--ti.:&s'em nil ~ ,eJI;..
Connie C. Ho 1 brook Vice President -Technical Support
Secretary
2
--;-~----~---
I llllll lllll llllll llll 111111111111111111111111111111111
e30BB9 08/20/1998 "4110P 81084 P673 ft RLSDORF
3 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
STA TE OF COLORADO
COUNTY OF GARFIELD
My·cmnmlsslon expires:
A:Jt/,/~,
My commission expires:
Id /,e/'J.orU
)
) ss.
)
On this ~ay of July, 1998, personally appeared before me tor Sue ErpfVan de Bovenkamp and ,,)(
Daniel W. Stroock, John W. Savage, Attorney in Fact, known to me to be the signer.of.the.foregoing-Right·of· ·
Way.and-Easement; and·acknowledged·10 me that he executed this document.
ztt& 1&:.4-...
Notary Public?I
R97-036\SAVAGE.ROW
3
J.:.Xh!BI'l' 11 A11
'-·· Page 1 of 10
PART OF THE W1/2 OF THE W1/2 OF SECTION 5,
TOWNSHIP 7 SOUTH, RANGE 97 WEST
6TH PRJNCJPAL MERIDJAN
GARFIELD COUNTY, COLORADO
1111111111111111111111111111111111111111111111111111111
S30889 08/20/1998 04:10P 811184 P874 ft Al.SDORF
4 of 13 R 88.00 D 0.00 GARFIELD COIJNTY CO
No"f"a!
f?.O.W.
DETAIL
0 rJ 134 /( i:: ~
RArii!.H Rear:>.
, ... 10' ~../
5 4
/~· :r·a ................. .
~ .{ ~: ~fwctco~ ~: "JAACT <2" f ' ::.. · ................................... : r···· ... · ........... .
\\ :\· J ·nw:r ... ~ ·.;.sA ER '
;;RANCH ·.· ... :; .. ., .. ,.):
':"LANDS ·,.
PINO.~-
Pl NO. C8.5.5
Pl NO. Cll60
·;. I ""
Pl HO. ClllS' .7-SEE DETAIL :.:_: -·: I ·utACT .w
Pj HO, C870 -----.:~ ·.:········".····· .. ·:.;
Pl HO. C8'1' ----·,'~ i ,".;
A NO. C8110 ""--.-I :::: :;:
7 B . ""' .'·:·.· .• ••• , .·."·"
18 17
~
,,,..,, __
I 4 wt1.
B 9
17 16
I
I
I --
1
I
I
TABULATIONS
4496.28 FEEf
272.50 RODS
0.85 MILES
TRANScol.oR.-1.00 PIPELINE AS SHOWK HEREON urs APPROXIW.TELY 30
TO 70 FEET WEST or ROCIO' l.IOUNTAIN GAS LINE rnou PJ. NO. C8JO TO
P.L NO. CIMO, Ll(S APPnOXIM4Tf.:LY;.«> T0·70 FEET CAST 01'" ROCKY MCIONTAIU
GAS UHE fROLI PJ, HO. CB~:I TO P.I. NO. cet1s. lJES APPROXIW.TELY
JO fE[T WEST Of" ROCKY UOUIDAlll GAS UN£ FROM PJ NO. C870 TO
PJ .NO. CllllO, ANO UES APPROXIW.mY 10 f'EET fASJ' OF OVE1U~
POWERUNE FROM PJ. NO. t:llllO TO P.t. NO, Cll115, ANO LIES N>f'ROXIW.T£LY
5.5 WEST or O'i£"HU£AD fl0W£RUNE rROM PJ. NO. C870 TO P.I. NO. C860,
HEN.. •• BROADH~~R .• LS.
STATi\~1" •• ~0LORA.O~<i;.':f ~f't}-01.·····""." i;; #
HOIT.S; '~1;, 'YIJL Ll\\\vl\\~~ . ~s Of' o~llllUl\i1'll''1EARJNC,COLOrWX>
STAl[ PLAN£ COOOOINATE SY'S'fEl.I. COLOR>.00
SDUm ZONE:. CRlD DE'MINC DETWEEll OSI
CONTROL POIKTS UM AAO UAB
eCAA!i: s Oll-28-112 W
'""" 0-= f'OUNO sa:moN CORNER IS. HOTEO.
No.18974
s. R.9 w
A
4 3
9 10
9 10
16 15
.'f.i.A.ii~~Q.~9...i.A.W..9.
li.4S 11?/WSHISSION COH/'ANY
e .. FOUND 1/4 CORNER IS. HOTEO.
&_ ,. OSI CPS CONTROL POIHT
Rlit"Amr ~~1.1/i'.i.roo
'IRANSCOL= PIPEIJNE I
IW<ER RANCH WIDS 1-l-=====~~· l--1-----SOOE:. PRWC. NO.
"--------------'-lc:::::::::::::::::::::::::;::-_·.::_-_::-_::-_-_}L·-_-_-_-:..-.L..:1_·_~_1:9~!2:_ _rc_o_OTDFt
-----··--"
~·· A
V EXHIBIT "A"
Page· 2 of 10
u
l llllll lllll llllll llll llllll llll lllllll Ill lllll llll llll
S30889 08/20/1998 04>10P 81084 P&7S M ALSDORF
s of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
Daggett Surveying, Inc.
R. HOWARD OAGGITT
Rf'f/fll-.1 Und SuM)1lN'
CORPORA TE OFFICE:
P.O. Bo111 2789
F•~on, Naw ~xlc:o 87~99.:l789
Phone: 5QS.326-1772
fH: 505.J26-6i!J9
New Huk:o lJcansa No. 96n
LEGAL DESCRIPTION
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
A strip of land situated in Section 5, of Township 7 South, Range
97 West, 6th Principal Meridian, Garfield county, Colorado, the
centerline of said strip of land being described as follows:
COMMEljCING at the Northwest corner of Said Section 5, Township 7
South, Range 97 West, 6th Principal Meridian, Garfield County,
Colorado, being a found standard brass monument.
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
THEMCE:
s 01-51-06 .W a distance of 1095.02 feet to a point
on a gas pipeline right-of-way to serve as
TransColorado Gas Transmission Company's mainline,
being a point on the West line of the Northwest
Quarter of the Northwest Quarter of said Section 5
and the westerly line of Baker Ranch lands;
s 41-07-0l E a distance of 1298.26 feet;
s 06-07-17 Ea distance of 603.20 feet;
s 01-07-51 W a distance of 868 .40. feet;
s 06-18-02 W a distance of 388.'51 feet;
s 09-46-55 E a distance of 524.28 feet;
s 13-06-23 E a distance of 813,63 feet;
To a point on the south line of.the Southwest Quarter of the
southwest Quarter of Said Section 5 and on the southerly line of
aaker Ranch lands N 87-52-28 W a distance of 1364.89 feet from
the south Quarter corner of said Section 5, Township 7 South,
Range 97 West,. 6th Principal Meridian, Garfield County, Colorado,
being a found standard ~rass monument .
. The total length of the gas" pipeline right-of-way across Baker
Ranch lands as described above is 4496.28 feet or 272.50 rods or
o.es miles more or less.
The above described strip of land shall be shortened or extended
to commence on the Westerly line and to t~~minate on the
southerly line of Baker Ranch lands.
HENRV P. BROM*IURST, JR.
Rlfl,feffd Land Surwyar
CoWod.> Uunse No. J(J9~4
ROCKY MOUNTAJN OFffCE:
2fl7 fndualrlll Blvd.
Gn.r.d Junttlan. CMrada l!ISOS
Hi).Z4f.(l201
============ l'IPf~ • W"'1L"41lont • DalUldar)l~UnlfY, • TopQS~/rkSwWJll ============
•.
v EXHIBIT "A"
Page 3 of 10
1111111111111111111111111111111111111111111111111111111
e30889 08/20/1998 04:10P B1084 P676 H ALSDORF
6 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The above description was prepared under the supervision of Henry
P. Broadhurst, Jr., Colorado Professional Land surveyor No. 18974
·from the results of an actual field survey and plat, as prepared
for TransColorado Gas Transmission Company, Drawing No.~t:1t2B~2',,
Dated January, 1992.
All bearings and distances reported herein are referred to the
Colorado state Plane Coordinate system Colorado central zone
(North American 1983 Horizontal Datum) as determined by survey to
National Geodetic survey Control stations. All GLO and BLM
record bearings used for calculated intersections, if any, were
rotated to Grid North reference. ·
TCOOlD
~
EXHIBIT A"
'-'' ' . .._,.
PART OF THl8ew~f!2 OF SECTION 17,
AND THE E1 /2 OF THI:. E1 /2 OF SECTION
TOWNSHIP 7 SOUTH, RANGE 97 WEST
6th PRINCIPAL MERIDIAN
GARFIELD COUNTY, COLORADO.
l2 7
lJ 18
13 18
24 19
--
I
I
I
I
I
I
S l\J-111-li E
7 a J!I0.21'
18
}-Pl NO. C&25
/ I
:BAKER: I
·:RANCH: I
:.LANDS·: I
19 20
30 29
STRIP QJ
. 1
I --!
I
I
17 16
20 21
--
20 21
29 28
TJWtSCOLOfV,00 PJP£11HE NS SHOWN H£REON UES N'PROXIW.TElY 2.S rra 50\ffil'H[S'fERLY
Of ROCKY UOUHTAIN CAS LINE ANO LIES APPROXllJA.Ttt.Y !10 FEET SOUTHWESTERLY OF POWER-
Wtif: rROM r.1. NO. CMO TO P.1. NO. CM~
TABULATIONS
19.
STRIP #1
1141.19 FEET
69.16 RODS
0.22 MILES
STRIP f/2
1795.93 FEET
108.84 RODS
STRIP ff3
1254.74 FEET
76.04 RODS
()JAo _J..Mv o....
q pc_ Jewj
"" M.-d i1,,;;i '\
JKJTtS;
0.34 MILES 0.24 MILES ~ t\u .<>~
liff!!ll~@/E PLAT WAS PREPARED FOR TR. '(:! ~ _ . ,,i.j. .;\k... jj-.~~~~'· IELD NOTES OF 1'N ACTUAL Sl tJ~~ <lJT~~ \llSIO~J°' Ql-!RING THE MONTHS Vo nm•~
f. AN:J~i~~5/!<E .TRUE, CORRECT, AND
. .:_!;;iii!,;,··~';'.'/ , //,'"' ~..,
• ···.~.~ iS . -L.L!.Y-.z.'L'..:'-='"==---
DATE
ENGINEERING RECORD
SC\LE IN fIET
e--i -0 1000 .2000
l.)O>.s1s OF llEAAlllC -GRID D£ARJNO COLORADO
STAl( Pl>.H£ COORDIHATE 'SYS1EM. COLORADO
SOl/Tll ZOH£. CRIO DEA.fllNC OETW£OI OSI
COHlflOL POINTS UM NiD W.O
w.o:-Tcoo10
DRAWN BY T.G,
suffVE"i'Eo K.w.
...£!!.ECkEO P.B.
APPRCM:O
srcnoN 11.10 •
COUNfi G\RF1£LO
SCHOOi. OISlRICT
REVJSIONS
S,R.iil7 W,
STAft CO. RIGHT-Of-WAY R£g11IR£0 FOR
2t AND 24 O.D. OEAnS; S o:J-211-02 W
2!:£_~
0 • FOUNO SECTION CORNER KS NOl[O
Q ., FOUND 1/4 CORNER J.S NOT£0
• l .. OSI CPS COUTAOL POIITT
TRANSCOLORAOO PIPELINE
ACROSS
BAKER RANCH WIOS . .,,,.,
,.. => 2000'
PRWC. NO •
TC0010f'2
.. :
i
EXHIBIT "A"
Page S of 10
111111111111111111111111111111111111111 lll lllll llll llll
S30889 08/211/lllSS 04, 10P 81084 P678 M ALSDORF
8 of 13 R &6.00 D 0.00 GARFIELD COUNTY CO
Daggett Surveying, Inc.
R. HOWARD DAGGETT _,..........,.....,., CORPORATE OFFICE::
P.O. Box 2789
farmlogton, New Mulco 174911-2789
Phone:: 605-!2&.J712
Fax: 505-326-61119
Hww M"'lto l.kcnff No. 9.S19
LEGAL DESCRIPTION
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
STRIP 1
A strip of land situated in Section 17, of Township 7 South,
Range 97 West, 6th Principal Meridiari, Garfield county, Colorado,
the ·centerline of said strip of land being described as follows:
COMMEncING at the North Quarter corner of said section 17,
Township 7 South, Range 97 West, 6th Principal Meridian, Garfield
county, Colorado, being a found standard brass monument.
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
N 88-55-37 W a distance of 812.61 feet to a point
on a gas pipeline right-of-way to serve as
TransColarado Gas Transmission Company's mainline,
being a point on the North line of the Northeast
Quarter of the Northwest Quarter of said Section
17 and the Northerly line of Baker Ranch lands;
s 33-19-14 E a distance of 380.21 feet;
S 36-57-50 E a distance of 331.44 feet;
s 64-23-15 E a distance of 340.44 feet;
S 53-05-07 Ea distance of 89.10 feet;
To a paint on the East line of the Northeast Quarter of the
Northwest~Qua~ter of said Section 17 and on the Easterly line of
Baker Raribh lands s 01-56-42 W a distance of 768.44 feet from the
North Quarter Corner of said Section 17, Township 7 south, Range
97 West, 6th Principal Meridian, Garfield County, Colorado, being
a found standard brass monument.
The total length of the gas pipeline right-of-way across Baker
Ranch lands as described above is 1141.19 feet or 69.16 rods or
0.22 miles more or less.
The above described strip of
to commence on the Northerly
Easterly line of Baker Ranch
HENRY P. BROAOH.URST, JR.
R~l«td land S~
Colorod0Lk11111N~J897f
land shall be shortened or extended
line and to terminate on the
lands.
ROCKY MOUNTAIN OfFICEl
2'87 lndutlrW BML
Grarwl Junclbo. Cofor-SO 111605
m2c2-0201 ============ Plptlinn • Wrlll.ocat/ottt. • &urt1.:irySllnlSJ1t • T~nrphic:Swwl/I ============
EX!IIBH "K'
Page 6 of 10 u
I llllll lllll llllll llll 111111111111111111111111111111111
S30889 08/20/1998 04:10P 81084 P879 M A!.SDOllF
9 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The above description was prepared under the supervision of Henry
P. Broadhurst, Jr., Colorado Professional Land Surveyor No. 18974
from the results of an actual field survey and plat, as prepared
for TransColorado Gas Transmission Company, Drawing No.~2&e&-V,
Dated January, 1992.
All bearings and distances reported herein are referred to the
Colorado State Plane coordinate system Colorado central zone...
(North American. 1983-Horiz<>nta-1 Datum)" as determined by survey to
National Geodetic survey control stations. All GLO and BLM
record bearings used for calculated intersections,_ if any,_ were.
rotated to Gr.id. No~th· reference'..
TCOOlD
.,._ ..
. "
i
l._..I EXHIBIT "A"
Page 7 of 10
I llllll lllll llllll llll 111111111111111111111111111111111
530889 08/20/199B 04: 10P 81084 P880 n ALSDORF
10 oF 13 R 68. 00 D 0 .00 GARFIELD COUNTY CO
Daggett Surveying, Inc.
R. HOWARD DAGOm
R~end LllNi SuMJ.lQI'
CORPORATEOmcE:
P.O. Box 2789
Fannlnalon. N.,. Mulco 87.W.27!9
f'holl.: sos.J26·11n
Fu. 505..326-6019
Ntw Mtxlco Lk1nu No. !M~
LEGAL DESCRIPTION
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
STRIP 2
A strip of land situated in section 17, of Township 7 south,
Range 97 West, 6th Principal Meridian, Garfield.county, eol~radu;
the c.entQi:; l·ine· of-scr±a· strfp of land being described as follows:
COMMENCING at the North Quarter corner of Said Section ·17,
Township 7 South, Range 97 West, 6th Principal Meridian, Garfield
county, Col·orado, being a found standard brass monument.
THENCE:
THENCE:
THENCE:
s Ol-56-42 W a distance of 2376.02 feet to a point
on a gas pipeline right-of-way to serve as
TransColorado Gas Transmission Company's mainline,
being a point on the East line of the Southeast
Quarter of the Northwest Quarter of Said section
17 and the Easterly llne of Baker Ranch landsj
s 26-53-35 W a distance of 1469.76 feet;
s 57-39-30 W a distance of 326.17 feet;
To a point on the South line of the Horth half of the Southwest
Quarter of Said Section 17 and on the southerly line of Baker
Ranch lands N 55-19-39 E a distance of 2181.35 feet from the
Southwest corner of said Section 17, -Township 7 South, Range 97
West, 6th Principal Meridian, Garfield County, Colorado, being a
found standard brass monument stamped w.c. U.S. GLO 1923.
The total length of the gas pipeline right-of-way across Baker
Ranch lands as described above is 1795.93 feet or 108.84 rods or
o. 3 4 miles more or less.
The above described strip of land shall be shortened or extended
to commence on the Easterly line and to terminat~ on the
southerly line of Baker Ranch lands.
Tl'I'e" above aescription was prepared under ~he supervision of Henry
P. Broadhurst, Jr., Colorado Professional Land surveyor No. 18974
from the results of an actual field survey and plat, as prepared
for Transcolorado Gas Transmission Company, Drawing No.Q"tJ&3Bc.MY,
Dated January, 1992.
HENRY P. BROADHURST, JR.
R~JttrH L.Gnd Suiwpor
Colorado UcftlH No. J8974
ROCKY MOUNTAIN OFFICE:
2'87 lndwi!tW Blvd.
Or~ Junction. Cclorado 81505
303-Z42~1 ============ Plptlinn • Wdl.ocol!on1 • Boundary&rrwys I Tcpogt11phlcSu""V' ============
,.·, . '
" '
EXHIBIT "A"
Page 8-of-10-
1111111111111111111111111111111111111111111111111111111
!30889 08/20/1998 04:10P 81084 P881 " A!.SDORF
11 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
',•
All bearings and distances reported herein are referred to the
Colorado State Plane Coordinate System Colorado Central zone
(North American 1983 Horizontal Datum) as determined by survey to
National Geodetic Survey Control stations. All GLO and BLM
record bearings used for calculated intersections, if any, were
rotated to Grid North reference.
TCOOlD
.. ii···
A
EAH!BIT "A" v Page· 9 of 10
I llllll lllll llllll llll llllll llll lllllll Ill llllll Ill llll
!30889 08/20/1998 04:10P B1084 P882 "lll.SDORF
12 or 13 R 66.00 D 0.00 GARFIELD COUNTY co
Daggett Surveying, Inc.
R. HOWARD DAGGETT
RraltltrN l.Qt1<fS1.1MV01"
CORPORA TE OFFICE'
P.O. Boie 2789
Farmfnslon. New M•Jdco 87499·2789
PhoM: 60$.326-l7n
Fu: 605·326.6019
Nflll MW~ UMUI No. '619
LEGAL DESCRIPTION
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
STRIP 3
A strip of land situated in section 19, of Township 7 south,
Range 97 West, 6th Principal Meridian, Garfield County, Colorado,
the centerline of said strip of land being described as follows:
COMMENCING at the Northeast co'rner of Said Section 19, Township 7
South, Range 97 West, 6th Principal Meridian, Garfield County,
Colorado, being a found standard brass monument stamped W.C. U.S.
GLO 1923.
THENCE:
THENCE:
S 02-08-0B W a distance of 2791.48 feet to a point
on a gas pipeline right-of-way to serve as
Transcolorado Gas Transmission Company's mainline,
being a point on the East line of southeast
Quarter of the Northeast Quarter a.f. Said-Section·
19· anct the Easterly line of Baker Ranch lands;
s 20-42-09 w a distance of 1254.74 feet;
To a point on the South line of the Northeast Quarter of the
southeast Quarter of Said Section 19 and on the Southerly line of
Baker Ranch lands N 76-18-58 Ea distance of 4725.57 feet from
the Southeast Corner of Section 24, Township 7 South, Range 98
West, 6th Principal Meridian,_ Ga:c.f..ield-County·, Co'l:orad·o, Oeing a
found-sta:ndara Orass monument stamped U.S. GLO 1923.
The total length of the gas pipeline right-of-way across Baker
Ranch lands as described above is 1254.74 feet or 76.04 rods or
0.24 miles more or less.
The above. desc,,ibed· strip· or land· shall be shortened or extended
to commence on the Easterly line and to terminate on the
southerly line of Baker Ranch lands.
HENRY P. BROADHURST, JR.
Rrgl1t11td land S111t.111)1<11'
Colorado Uc~nH No. l8H4
ROCKY MOUNTAlN OFFICE;
2"7 JndullriaJ Blvd.
Grand JuncUon, Colorado 81605
303-242·0201 ============ Pipeilt!u • W.RLocal/om • LloundarvSurwys • TaposraphlcSurwy. ============
·;.
.• . . ...
:~ . ;;:;
'-':: EXHIBIT '.1A11
Page ·10 'of 10
.. I Ill\\\ 11\1111\11111\l llllli 1111111111\ \1111\111 \II \II\
530889 08/20/1998 04:10P 81084 P&83 " ALSDORF
13 of 13 R 60.00 D 0.00 GARFIELD COUNTY CO
•. t • . ··~ .. . . ,·, ... , . · ..
, ...
The above description was prepared under the supervisiOn of Henry
P. Broadhurst, Jr., Colorado Professional Land surveyor No. 18974
from the results of an actual field survey and pJ.a.t ,. as-prepared·
for TransColorado.. Gas-Transmission Company, Drawing No.~28ayc..(,
Dated January, 1992.
All bearings and distances reported herein are referred to the
·colorado state Plane Coordinate System Colorado central zone
(North American 19BJ Horizontal Datum) as determined by survey to
National Geodetic survey Control stations. All GLD and BLM
record bearings used for calculated intersections, if any, were
rotated to Grid North reference.
TC001D
' .
'· .......
o. ~
IOC. #197724
United States of America
to
William G. Williams
UNITED STATES PATENT
Dated July 30, 1891
Signed by the President and
the General Land Office Seal Affixed
Patent No. 301
Grants;. The SEtSEt of Section 18 and the E~NEt and the NEtSE-;\: of
Section 19 in Tp. 7 S., R. 97 W., 6th P. M., in Colorado, containing one i
hundred and acres. I
.Subject to any vested and accured water rights for mining, agriculturali
manufacturing, or other purposes, and rights to ditches and reservoirs used f
in connection with sctch water rights as may be recognized and acknowledged by
the local customs, laws, and decisions of courfs, and also subject to the right i
of the proprietor of a vein .or lode to extract and remove his ore therefrom, ;
should the same b·e found to penetrate or intersect the premises hereby granted,
as provided by law. And there is reserved from the lands hereby granted, a. I
I
right-of-way thereon for ditches or canals constructed by the authority of the I
United States.
United States
Department of the Interior
Bureacl of Land lv1anagement
Washington 25, D. C.
March 12, 1957
I hereby certify that this photograph is a true copy of the patent
record, which is in my custody in this office.
Oscar E. Collins,
Certifying Officer
Filed for record May 13, 1957 at 8:15 o'clock A.M., and recorded
in book 300 at page 445 thereof.
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' _..., /7 /7 -:l,.,, /I 9 A A 4 , / _;._ ,... ,.,.,,. ~'
--~i
;Ross Latham .and Fay TRUSTEJiftS DEED' . ·
Eati'1el Jerom.e, Trustei\ls - -.,... ,... -~· -.,..
under the Last Will· a!id Tes a.. Date~~ 'M~Y. Z5 ~· i94B . . .
,,_,./ ment of Judd }<llller, Deeess d Acknowledged May 25 • 19L;t: before •.·.·· •.....•. ~·9'.-V cJ' ....... · l•1arjorie L; Van.Brunt,, No::.ary f'ublic
J•.;{;{j. q~! · · 1'o ; . CJ::S::. c~af~/c;pgt?rado. · .
. · ·..P(. l.eitoY B. Latham _ ~··~pr} ·
:,. . Recites tlllit /•\11,~re<l.ii • .. ·. .·Miller_ depart~d thi14 :.L:'e on cfarch 21,
)'.{ : 1943, leZoving. a liafi:it ~iill a!' l. 'i'esta:Qent . v1!:icit was >vhereafter ;u1d
';'.,',:'. on Apr.:Ll 12•. 194:),. 4uly ~Wrl '\ted to 1-:iro~a_-te and enloered of reccrd
,;.< in the iCount.y C.oul~t.qf Liesc.·", .qm1ty,.Cq16rddOi th;;.t thm·e;;·fter on
' .. ~.;il.·.,·.•·. YJ<u·cp <~0! 191~? 1 a de(.:ree of· Jnal settlen\.e.nt was .duly exequted <0rid
s. enterea .. l.n .sal.d eistate proc:; 4~ngs • and ·.;heret<,pon nos:> ,l,atham and .;}'i''.:''. Fay Eath~l Je-roi.1e wHri:, in .. · :·c.oZ'dance 1:.i.. ;,, <;ho:· .;;aid Will, duly ap-\i\<::?. ?'1ir1t,ed·b:,r $ii!iid Coi:..rt as'·th" .Trustees ot said estri<tte .!me they quali-
i'ictl in th:;,t respe,ct .;.nr.'t_,;;, 17'' JlOW the duly appoint;ed • qualified &nd
actin'3 trustees oi: t;aiu e$:t' ~r "'ntl
.. _. ,".:'·:<.
i.\'"("'.-..;·• ~~,;'~,
···< <:.:~:' .
~.,~;
·,·,;. ·.o'
· Whe1·ea s'1 Said· <iill contll' '$-: the fellowing irovision rel a ting to
the r"'''l p~·o:per·r.y or .·resc4l# .i ·.to°"wit,: · · · · .
"7• .. I . authorize ~·rid· eni;i; ' r .t-he . s<iid £;i;:ecutors <::nd: i'rustees
i.ihenevel.;'· in · 1.;h? . se1t tlcWr.r!J{·., .· .ny e$ta te '\nd' the: ,;11,nagen'.ent · of the .
trust B5ttlte tncy tleeu l.):; ;~" iaable, at t,neir o.1scretio11, t.o mort-
c;age. ex· at:ll or-i;ony,;iy all · ·· .. Eny part ol my q~Bl ei.,.,;ate or per--
~:Jnz.l 1-:-ro1::e:cty i.'or· casf\-,.·,_Q_r ... J (, _.n · cr·etiit ~ a.r1:::t _to .t'l:-xec11te .t-.nd· deli ~.:(lz'
~•11 ~;ort;,.:,a,;;es, , iruH!l~~mrjt;ll' •· _ ·r tranc•i'er ~ j:.!".USt ueeds <':na other
viritin,:s rieoesary to pas~ ai', ·. · oper title th,·:reto." and
WHLH.t">.t.a, 'the p;,,r,ti•~W•Vi 1 ~ e. fir:>l; part de~m it. advisable ,!:'nd
.lor. the best in~ere.s!;s ol,' t;,J\ J,rilst ent.<;te to sel:).. an<l eonvey the
he+~inufte:.: re~tl . ei:rti>\ta ·tO ·· £1 SG-Cond party. . · ..... •.·. .. . ·.··.· ···... . · · .· • ; .
· .·· .· ... ·· , ·N~i>{, ~2Jli;;rtBi''clt;:;~ 1'l1ii.l·i~l),cf ture .. if.l,tne:,>sa·t11,_ that Ui~ .said par~ies .
.. ,,,,"'""'"',I;",w.0 .... .i_.;i,~a,.,.""""'n-"·pursi:-~mt1 .. . ·• .• 'ttt'!'·'"'OO'l'fG'I"'>O-£'' •.sa';I:s-··~rr.t;"l"l:t!f.fd·,in -said . · ·
1iill u~i :in c'i:insi«erat:l.:ci.nc~.~11·&ie .p~el!lises and: ~he. !'urtJ:ier consider..:··
atioli l)f r.;he , SUJil "f .~90f,H)~OO~.\\'.t<,o,t.h~~a in hand paid b'y G b.•e second
.. part7,' ~he 'nicei;Jt of whicli; 1~'. herfii:"f; <;.ck~o led(sed 1 huv.:: sold and
.· conveye;d and by these pre,.e:rit a.;:.1~9 s.;>ll -.an<i cimvr&y · urc.;o tlrn .aid. part:
o.f 1;h'1 seco.nd ·;:.'i-lrt, his he;j&s;!:OHld .<; ssi-;J:ns forever• all ·t,he right;,
··title 1-md interest-which th.~: f!aid Ju\ld i•\iller lBd :i.n his lifeti>:e
a.nd &t .:;he i;irue o~ his !Jea~.fh.\f>l¥'td Which P•<'tle$ OL "<·'·"' first. part
now havfl ;;;.s 'l'rust~es afor&~'1i'~1:· · irl and to ·che .following described
re&l es:tates situ.a.i.;e, lying~ &~.j)i bein,:; in th~ County of ·Garfield,
.,,; -,·u ()'i' PolO"'·c'o · •·o "''l.'t• ..... ·.,c;-. ........... ~v .... -v ,;;..;::.._ J ..,, -... •··:;· .. :·-. __ J· . .
~ Parcel No. l; .i\11 the l"i~st,;·20. acres of Tra.::t 39. Section gt Tp.
'i ~. ~. 97 "· oth I~•h., acc~l'f,iin~-; to t:.he-r<-!su,~vny of said Township,
being L.he '"·'''Ille lcinu des,crib'eli'<in the original su, vey oi' :3aid To'.:iil-'
siiip as the \iest. 20 acres,o;f; j;.he NEi;NWi of See. 8, Sciid 'i'ownship ·
and fi"'nge, excepi:._; . Be,~iniling:at the b:W corner of the UEkrLii\., Sec.
8,··rp. 7 6. ,. • .9'Ti1. thence South 442.9 feet to a point, thence N.
67" 3.'2 1 Bast 89 .3.J feet to a p(lint; thence North 1$" 26' E. 418 .4 feet
to a point, 1~<,..::nce · c·iest 17.9~75 .feet to the pL,ce of be.:i;inning 1 con-
taining· 1.26 ;;eras, rn·::ire o:r less• and bein;i]; the same land conveyed
as ?a1·cel B, t.o the American· Shale Ref in in;.~ •~onipany in .larranty
Deed,· recorded in book ].1,2. at Pa?-; e 66 of the public records of ;'}c_r-
ficld County, Colorado,. . : . ·
.,---.l 'i'ract ·40,. of Sec .. S 1 Tp .• 7 S, fi..
1:;h~ resurvey of' .. £;ict Township,· twJn~~
· oric;inzil survey of '.O"'id 'rownahi'.p .. as
See. 8, Tp. .;,nd ·tiimge afores<'id.
t
I
t
97 W. 6th P .l'l. t accordin:; to
the. irnme land desc1·i bad in the
the E!SW~, S8~N;fk and 11i"tihSE~ of
(continued)
Doc•/I
..
·-
1!: . .; l
·.-...i 'f1·~ct /µ oi Sec.S, Tp. 7::'.5~ R. 97 .ii. 6th P.1-i., accorainz to t.he
resurvey OJ:.' said 'l'ownship being the· s~e land described in i,l':e ori-
ginal survey of sad To1~nship us d1e SH~NBk cf '.:',ec. e, ::iuid To1m-.
~hip and .fi.ange., .···. ·. . . :. · .
~ · 'fract 42, of ::lectiona 8 c.nd 9, 'l'p. 7 5. R. 97 ll. 6th P .M., accord:
ing to .the resurvey of said :township bein:; t;Lc· s:;:rJc land de::;cribed i1
<,he 0. rigin~J,.. ·s.·.urve·y· o! ... S€i<i. (i;j~q.wnsti. ip a::: ·the. E~ME ~ oi .. · S6'id Dect.ion. g
. and the Nlll~Ni~t 0£ Sec. 9•·4~d 'fowni.;hip 9nd. •>ange. .
..---1 'i'hel.ot I+; SWMf>(,;--tmd. t~~i'W~Sh'~ of Sec. 5, Tp. rs.::. 97 w. 6th
f'•M• To~ether wit~ a~l a,f~~~('er.d w<•t('.lr~ ri1<;hts belon.i;ing to Parcel
do. i. . . .. . .. . .,H"" " .. .
-'l'here · i:> not. c()nveye<i l;i .· ..... Liil t1fr;i .. is z-t5erved. to ., he Grc:ntors
all oil,. g.;,;.s :md. mincr,~l t'. ~t;;i;in:.::1J1d und.er the above tlescribed
res.l e:;tate, together wi tb,: "'1-"' ri~tht · to prospect .for ,;n,_, remove
the same·. · . ·. ·· ' . · ·.· · ·. . ·;~·;~,;:· , • · ./. , . . . 1
·. Parcel N.'.o. · 2: Tn"'.' ·Den. '1~.·.·.;":.'.11'1,~ .. o··.· .. '.35. Place. r i.·lin.·:?..· n;~ Cluls11., compris-ing Tr:,ct fro. 74; 'l'he Denv~~o ... J7~r.'l8.cer l·!inip;g Claim, coiapris-
in~ 'i'r.,ct No." 7.5; .Tlm Denv~~~no. JS l'lacer '.'i.inin;: ci::-.i&, c\.mtpris-
.i.ng; Tr·uot. No.; 76; t'he Den 11~r;'NO. ''.'i9 f'lllcex·_ ~li.nin.::; Claim, compris-
~ng i.'r::."ct No •. 7S;-'J.'h~ L:enver::No ~ 40 Placer gining Cl ,im, co:apris-
:uig Tr». ct No;. 77; lesp, S4'6tract.s B &rn:! C · .
·1~he L"n"~·'" •.10 · l.l. Pl,.ce·.r-.·· 'JHn-."'"·.··.· >:.c·1 .. '<., .. '·''n.1····~·"'·".T; ··'·i0 ,.·' T,.,·-cf •.;,) 79 •·• -.;i V\;,;.., ,L, • ~T ...... .,._ ,..,..,,.,'¥~1•oj;:• .. '-::"t.,.·•1V_-'..-_£'·"'·'-'.:.i•"-c· .·.o ·-·"")'•'-•
Jul)tr~.cts £;, li' .sn.d.' ;~.; ..... · . '.,,._:{X?.1
_:·· •· •. :·.:'-., .··: .. :. • • • •
1
· . -,
"fhe ~enver rfo;. .42 ~lacer ·~t.i~fng Qlaim, cor::pr~sinc f'rtcct Ho. SC)
'rho;· l,ienvar l•o. ll) x•l.1.1cer,,,'1iq;i:~g; Cl;;im,, co::1pr.:i,siw.; r: act No. 82
'l'he Len,rtr ncr-. ·44 Plpcer i•';l in1;,' Claim, r.:01:•prisir.r; ':'i": ct No. Sl
The Denver Uo., 5J;1'1icer-J\ri' "nt;_Cl&ir.1, cc;::ipris.in.; Tr., ct No. 92
~~ho. LG:n•.:er 1io. 45•5 ~laa~r ,, .. < !.~ C~ai:n, compr:t;;;ir:~ 1'ruct No. BJ
-'.!'he D.env.$r .. ho.:. 5.lt Pla.ce:r i~i. f'.\f. GL;:::.rn 1 c91upr:tsini:; Tract No. 94
. ;. : ·~i9' b~rtv~r1fi~:··~~~~ft~;~. i~· ,-""~~i~l~f·.&6i±_~~i~in~ 'tr!lct No-. 93 ..
rrt~a Dcnv£r ·t~o •.. 56 f·la'.c'er. ··:.ftji.ii;i$_··c;t·i::;i!f~·:·;,. cc,r1pri.siI1~~: .· .. "fi:~;.~Ct tio. 95
All "'aid. -r;r:;ct.s being;: in l!'p. :[7.<.::3~ h., 97 W;; ·6th P .~-;., . comsisting
of lH48.:9J acre:>, i••o/e · oI'">le#1'f,.I ·:'"~lH.ere ·is nov coi:n-r;;yed but, ::.h•T<l L;
. reserved tc C:he •Jr;.;ntors·•aJ.:l•:''o!l, •;'-'s. ,:r.ci 1'1in€q;l ri.g;ht'"~ including
oi:J.. ;;ho;.lo :r':ilij;hta iri and :un<l".ef.,the above cescribi;j p·e:,\i£C~ t t.O:cether·
"•i:t:.:/ ~he ril[,:)l;r... to proapectF {~t' and·· remove the ;;~·me. ·
· 'l'C r!J,Vi:~ an: :o · ilQLD 'l:fl!i: SH~, il'ith all appurt.enan.cee r.hereunto
belonging or in i.n)'1<ise apperyj,ininj~, to the propFJr use, b~nefi t,
«nd behoof 1Ji" the sc.ict p:art.yt:o.r the seccmu v4·t;, hitl l:eirs ·and
assigns f"t.l:i.·v·.;;.r; Bubj~:c.~,,_,.··.ho~~.Vet:"_ ·t;o the r·eserv~ticSric ol'.· tL.e oil,
·.::;io.~ <.;.nG. ;,:~i·t1u;:~:.l .z~if,;}l.t:s .>ac.-··~c.:..·t~re'.~:e;i·d... . · .. · ·
l .,,·,,1···r1"1i·;·-..·::· <r.;c-:.,> .. ;·;;? ·Tt.~._;,.,•·.'~• ,,., r·+-i•·~ 0'0
''1 ~ !"i·I'""t !.,,,.,t, , . ., L! ,4 ~ ..l<-1..,, "·""·'~·~ .......... , . 1ia: ~,...~~ /;' ........ '-'W ... ............ ... ~ ~,...-~ I ..... .;;;
'i'rui:;t.l~e::; imuer ·t~he L~nt. 'Nil1W•l<n6 'i'e:.>t::.mt:nt. o t Judd :·~iller, deceased,
11&.il'e l1y.;.:r·eur.i.to se·t. t~t1e.ir~ ~!1d~-' \:.~11(:: ·£;eals : .. t;:· C;:.y a;:tt! :):-(:c;.r fir.at above
writt.en. ;/-
f ·; Eoos Lath~1l ( '.}~·ul)
J/_..· Fae. Lv .. t~~cl J8~-·G~;e (J.0al)
, ~4:·:.: · . T-r·.uDt·~.;e;.; un::.ei--t.1.i:E' .L.;.~:.)t ·-~·111 ·:~nd
7 CJ l•'iled 'i'or rec~.r-J· _.. ~·C:..'2 ... -~.-·-.-· /? ;~:'1';'~"~ 0~ ~~c/'d. ::::.il:~?ftDec5e.:isec
q.-.;...----, :.· .. . r•.' . . _. ,-,.,,;. 'k"
o<., --- - ----f. -~ ---. --~ -----· ------- - ----
,':
i
>( .
· Doc .#169498 ';:)-
John Etcheverry
To
Ross Latham
SPECIAL WARRANTY DEED
Dated January 8, 1949
Acknowledged Jan. R, 1949 befors
Ethel Delaney, N.P.Gilr.Co.Colo;
Consideration $10.00 $3.85
_ Gonv'evs: The E ~NW~ and the N-2
1 sWl; of Sec. 17, Tp. 7 S. n. 97 W. 6th P.M. . . .. l i· 1 1 1 Also, the SK4 SE;; of Sec. 18, and the E~NE;; and the NE;;SEr of Sec.19, Tp. 7
S. R. 97 W. 6th P.M., being 320 acres, more or less. Together with all im-
orovements situate thereon and also together with all ditch and wciter right;
connected therPwith.
Provided alwa-ys that the Grant or herein hereby reserves fro himself, his
heirs and assigns, an undivided 1/2 intP-rest in and to the .oil, gas and.
mineral rights now owned by him under said land, and the right to go upon
said land and explore; drill, mine, produceand--market said minerals, incl\l(
inie eil and gas, upon paying the owner of the ·surface for all damaie~s-.
occasioned hy such operations. , -. .· '
Recorded Au<>:. 15, 191>9 at ?:33 o'clock P.~·1., in hook 241> at page 3?7 the1
,., ......
'.·''-· .. ·,-
! ~,·' ' y·
Doc.#180255 Warranty Deed
l· . '
1.
Ross Latham and Fay EathelXuWJM
Jerome (also known as Faye Miller Jerome).as Trustees under
···the Will of Judd Miller,deceased •
,· .. )
To
Delos D.Potter
. . ; Dated .March 10,1952
Acknowledged March 10,1952 by
Ross Latham , as one of the Trustees,
under the Will of Judd Miller, decease
before George W.Heflin , N.P.
, Mesa County,Colo.
Ack. March 18,1952 by Fay Eathel Jerome(
· alsp known as Fae Miller Jerome,(long hand
(t ped) Faye Miller Jerome as one
of the 'Ttustees under the Will of Judd Miller,
'deceased, before Juanita L.Brodersen, N.P.
Maricopa County, Arizona .. ·. ·
" ..... . Consid~rattion$5 ,;60.75 ·11 '·
:•."''· · , R.ev •... ,$6.05 ~
Conveys all of the oil,gas and mineral rights, including oil ~e rights,
tfoglQethe
1
· :~·. wit;Ja
1
·t•he:c·ri(!:ht t~ .. prbsp'~Ct"Gfor~a{fc;l:! rC· erno
8
ve
1
' tbe~same·; in•' and•rte th~,.
o·· o,w. ng rea '-j}llro·pe_rty· situate •in"' arfJJeJ.d•., 0~· · o ·o.· " · .. :. ·:•.,. . ·· ~· ·~: o:n. :;1
: !c r· P«i.r.c e'l · N 0 .• 1 ·:-, :: '-';/ •) :· · > r · · · · : ; n-· o • r · · " .. _. · ,, ' •;...;::: · , · ·> · ·: ..
. . •· '1:; '«'. T'rad:t: if$J. all·' of.' the West ·20 ·acres '6fi•Trapt•::J9; ··exce.pt ·L.26' acre·:
in the0'N.Qrthweist. rco·rn:er.: 0£' I said····Tra«'.:tc''J9, conveyedO asc·li>arceil ·11-B": to the. . •.• ~·.
Ame.ri.c:-an.·1 S·ha1e·:::·R9f!1.'rr-ing;.,:-Com:Pai1.y·-'in~: t:ha:t·-~ -cer:t·a~i.n'.·.· :diaed ·o.f rec ~r.ct:: ·in! BO·ok:. _· .. __ , :~ .·-··s.
142, at page ·66, [)£ :the public rec~rds of Garfield·CountT{"Coi6ri3.~'!ili -'>·'-'"iL •
Tract5 40,41 and 42f all in '.Up. 7 S.R.97W •. 6th.P .M. containinii . ~
approximately 498o73wac::·reso ~C]!f-:: ,_,, ~~ ,.V~ ~:"-(llQt.' er_~ 7.,j7. · r, · /;J: :,t"k--1V::~".:,o
·T>?:Jf-"·.... Altv-~-lf.1:' c:''ff'6'·9--Mc::11Pi;,
Parcel No •. 2• .;:;,, 'fo,.,. ,v'V-c; "'&i-tVW.tP-'Ji" ' _--v 'Lots 8 and 9 of Section · ' Sub-t~cts A ari.sl-B of Tract 74,
Tract 76, Sub-tracts A, D E. and .~ of ract 77. Tract 78, Sub-tracts :ibj:Jix ..__.
A,B,C and D of Tract 7o/(Tract ·80~Tra t 8'.f, Sub,-tracts A and, B of Trac,t 82,
Sub-tracts A. and B of Tract 83; all in Tp.7 S.R.97W.6th.P.M. containing
approximately 1101.08 acres.It being tjhe intention hereof that Granto:es are
conveying hereby all of. the e.state in Jthe lands above described reserved by tl:
under that certain deed dated May 23,1;948, wherein they are granters and
LeRoy B .Latham is -grantee, /.e'.hich said-'deed was recorded on June 1, 1948 in
Book 236 at page83 of the official relcor ds of said County of Garfield.
Reseryjng,however, unto Granters, as said Trf!1"stees, an undivided
5%rhereir[afti.Jjm called "Royalty:!.! share 11: of the proceeds recei;ved from the
sale of the oil and gas which might be produaed, saved and marketed from
said lands 0 limited, however, to proce¢ds received from the sale of oil and
gas produced from.and only from wells drilled in and upon said lands.
The term Wells as used herein meaning bores penetrating below the
surface and producing from formation bf!low the surface.Said royalty share shaJ
(1) exclude any part or share of the o;i.l,gas or other substances removed or
producedjby any process whatsoever, frpm oil shale deposits in and on said
lands; (2 constitute a royalty interest free of any oosts of explorin!!!! for,
drilling for 0 !Ual:l!ljipx developing,or operating any wells for the production
of ,oil or gas in said ~land, the royalty share of said subst.ances to be
delivered fl'lee of cost to Granters at j;he well or to the .. wwjpix credit of
Granto rs in the p;ip.eiJ,.:i,.,ne to .. ~hich Grantee, his heirs ,executors,. administrators
or ass;igbs may connect his wells, (3 ). net create any obligations whatsoever
on the part ·0f Grantee, his heirs, exElcJtors, administrators or .assi'gns, ·
. to .drill ror,produce or save 9il or:':'gai;; ,-'·and all such operations, whether
before or, after ds discovery ,shall be'\solely at the .u 'discretiofr of Grantee,
·his heirs 0 executors,administrators ... qz;.11-ssigp.s, (41 not entitle Granters to any
bonus money, delay rentals, or money .ColjlsidJl!'ation under any lease .. or other
i
.! ..
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may le. ai.e or. COiltl aet with. pthers with' 'l:•espe,ct ',t.0;0 .oil and?.or:· g13.pf deveJ..opment,-;·
-• ,.. • .... • • • ,.. ,.. ' ' ' -• r '' . ~ --: - .
------______ , ·----................ .., '"""" .................. J ........... ...... .... .,, ........ Q .,, .... ..,..... -· ' .. , ... _ -··· .·-:-,.-J. •J
such l.e~ s.e ,ot . agre !3m€Jnt:v·and i ( 5 L be charged w:it·h-the, rpy;J.lj;!Y"·share of all
Va.Ll.Q ~<X85'. Ji}Il' -.Or 1i1~·c:t:~~:... ........ '.u::1 .. v.1..1.._.,·u·:t..J..c'~~ . .1......_;_.-Vi.&,··:5~5·,·:-~.(;}J.-,.Y1.s.w'.'•-r·..,~·"" ..._ '.~.1 f.i,1>J-1'~W9!.;,:_ i ..
proceedi :ther.efro~ .• ~.as to which Gra:btors are,,ent:i:tled'.'to::ret:"ei'.ve:;·.the; r,GyalJ,ty:.
share a: h~::n-einl:Je. ore prov,1d'eth.' ·•'·' .. ,,.·,c:"· ;.·· · .,., ... _.. 'ic ,.:•o s;•. "" ·jc; , ,:_ ·
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Recorded Apr 4, 1958 at 10:]0 A. N.
Reception No. 20112$ Chas. 3. Keegan, Recorder
Book. )07
Page 479
o. 19 <
IQC .#2.01128
WARRANTY DEED
l<l'IO':/· ALI:· MEN :sy '.THESE PRESENTS, that ROSS LATH&\!; who is·.
one and t.he srune per~on aa T~ R. LATIU.:."lo.f ar:d ~eR01:" LA'Z'H~M, "Who is
one. and the same· pe!-a·on as LeROY B .. LATHAM a.nd 'Le-ROY ·.n~:.= i.A'ni.A.."l.l
of the County of Garfield., and State of Colorado, for the consid-
eration of Ten Dollars and Other Valuable Consideration, in hand
paid, hereby sell and convey to JOHN Wo SAVAGE and JOAN L~ S~VAGE
of the County of C-arfield, and State of Colorado 1 the following
real property, situate in the County of Garfield and State of
Colorado, to 'wit:
PARCEL 1:
':he E~N\:/i and Lot ntU!1.bersd 2 of Section 30, and. the SE! S\'l'i: oI
Section 19·, "Township 7 South, Range_ 97 West o~ the 6th PoM.,
containing. ·.-l·S?. 3lf-acres.
Lot l of s~ction 30, in To'J:mahip 7 South, Range 97 West of the
6th P .. M., containing 37.19 acres.
All th.at po.rtioil.." of the E,. NE~ of Section 25,J Township 7 Soohth~
Range 98 Wes·t· of .. ·the 6th P.M .. , lying East of the Cou...'"l.ty road·
running thro·ugh ··said land P being 18 ac;f"l3 ~ more· or less.. ·
Tha ·SEf; SE:k of Section 25 1 Townahip 7 South, Range ·9a Weat and
t.ha E~ SWk and ~.Lo.t·. 4 of Section JO, ToWT'2hip 7 South 1 Rarige 97
West of tha···6th :Po.Mo,_. containing 157.63 acrea.
Beginning··at.ci' poi:nt :which ia "961.7 feet East of the \ie!lt qu..irter
corn~r-of Sect.ion JO, Township 7 South, Range 97 »eat of" the 6th
P~M~,{and on North line of Lot 3 in said Section JO]; thence Eaat
358¥$ feet·;·"·t.hen·ce~ :South 1320 feet; thence 'West 1116~? faet j th'!lncti
North ~7°32Y Ea~t J80o2 f~et; thence ~orth 40° East JlOo6 feat;
thance North_.36~_35~ .Bast 186.9 f-aet; thence North 18 25 1 Ea.at 47.1 .. 3
feet; thence North 4 43' East 229.8 feet to place of beginning,
containing ·18·0J2':.ic"ri:?s, all lyi!lg in Lot 3, Section 30~ To~:!lhip
7 South, Range 97 We.st· of the 0th P;>M<>
The old R.ight·-·,o.f.':·wa)·::.1of' County Road,, col':dlncr.cing at a point on Eaat
line OI~ SactiOn '2.s·.J·. Township 7 South, Range 98 w~at of tha 6th
'1 ?,1~.,,, which is 12Q.9 .. feet North of East quart.er corn;;lr of aaid
S.e:ction 25, thence· ... running in a Northwesterly direction to North
1in;;;; o:f Nor,thea3t.'·.i{ua:rter of Northeast qual'"te?" of Section 25~ To'tln-
::Jhip 7 SoUth-, Rarige· 98 -Wsst of the ·o P"M" P containin~ about 202 .;.c:res ..
SUBJECT TO a reaerVation o"f one-half of all oil 11 gns and miner,al
r-i~!lt.-s aa h11rC!inaftetr set. fortho
:·' ,.
Book ·307
Pa6e· 400 ._ .. ,.
The E\ tr.if,!) N~ S'ii~ of Saction 17, the SE~ SEi of-Section 18, i:~-~ }!£! ,anG! ~iEf SEi of Sect.ion 19;, '!'.own.ship 7· Southj' ~nge 97
~e3~ of the 6th P.M.
EXCZPT one-half of' all oil, gas and minaral rights previouely
t•e.served and .subject to a. reservation of an undivided··,one~fourth
inter€is't of all such right.:3 as hereinafter s~t-fclrth ...
PARCEL 3
All of the West 20 ac·r~S. ~i-;'firclc't 39, SectiOr. cf; To~;·hip 7 South,
R.2..nge 97 ':lest of the 6th -P~PL._ a_ccording to the .t:'esurvey_·of said
TownShip,. oe1ng th·e· sarr.~ ~a!lci de~c:ribed_ ir. the originai survey
of said Townahip as .. the :W.-29 acre~ of tl"p~ _ _:·l-:lf;~-~NWi:, Sec,,. 8, said
Town.ship and Range; 6xCePt: 3eginning a_t the NW_corner of NE-k N"ti:k
Section $ __ ,: .T_own_ship _.,?..South, Range 9? W~st1 ~-h~nc·e S.--442.9 -feet
to a point;· t·henc·e N~ 6?0 32' E. 89 .. 33 Ie-~t t·o a point, thence N~
18°26' E .. 418e4 feet to a point, thence W. 1?9~?5:feet .. to the place
of beginning, coritajning 1.26 acres, more or less, and being the
same land c·ot1_Vey~d as Parcel B;i to.· the American Shale· Refining Co .. 1
in Warran.ty·_-·De.e'ct, recorded :i.n Book 142, P.age · 66''.,-at the public
record.::;·· _o-f Gar.~;~,eld County Colorndoo ·~:.:.;· ..
. :-·_.· ,_._,,_,.
Tract 40 of Sec.·· .8, Township " South, Range .97·-·WeSt according ·to
the resurvey cf-.·said Township, being the sam_e land d!lscr1.bed in
ti1e ori-gir:al,-.,_S_tJ.r;r:e.y of said Tc:wnahip as· th~:::E.! _swf;, SE~ lFNk and
the NW~ SEi o'f._Section 8, said 'I'o'wTlShip and :·Range.
Tr.::i.ct .:~l of· Se·ctJon 8, Township " South, -Range 97 \!Test, 6th P.M.,
according .. _to-· t_he. resurvey of said Town.ship -.betng· the same land
described in. ,th.e .original survey of said To~Sh.ip:·as the SW~ NEt
0f" Section e,· said Township and R.ang~o
Tract _42. of,.:·Se~.t _ _i:,~ns 8 and 9~ To11.nship 7 Soti.t:h..,>Range 9-7 Y./eat-"
6th P .. M., ~ ac·cor-ding to the resurvey of said __ Tq..-:nShip-being the same
l~nJ described in the c-riginal survey of Baid· Township as the E~
NE!,: of. Section 8,_-and the NWtNWf; of Section -9; aa:id· To1<imship
ar~d Ra."n_,ge, e_::ccept·· roe..d right;i; of way ..
EXCEPT all _Oil', gas and mineral rights previously reserved.,
PARCEL 4
f Lot 4~ ·S1sJt·. NW± and the W.::ist Half of the SW:¢, of -Section S;-1"et To ... .rnshi.p i South} R.3.nge ·97 1tiest. of. ch., 6th P .. M" .·.
EXCEPT .al,;J.; ... ~-i-~,· gas and mineral I""ight::i previously. re:servetlo
? \RCEL
!'!:a M"E-~ SE,t -~~(:~S.ection 25;, Township ? So_t.:.th~. Range 98 West, 6th
P..,b-L and Lot,; 3_·_.·o.f~ Sec;tior. 30 in Township -7 SouthP R.a.n~e 97 West"'.
6t"n P~M,,,. exce,Pt.ing 18 .. J21 acres .._..,f Lot 3 in s~ction. 30~ Township
7 Souchlo' Range ·97~ \'/est;. 6th PoM .. heretof'ore. ·conYeyed out by
Document No,, 41911;) Garfield County ,Record.es ...
SU~JSCT TO a reservation of on~-half of &11 oil~ gas and mineral
right.s as hareinaft.er aet fortho
;":,
l,~,
Book. 307
,Page 481
n
PARCEL 6
The. E~ NEk; swt NE! clnd the N·1Nf, st~ cf Section ·~5 1 ToWnship ?
So.ut.h, Range 98 .. \'fes.t~, ~6th -P,oM•, ~x:.cept.. a small .. ·t.ract· of land
ccintairiing .two aC'rea' Of the· pld dedicated Cot<.nty Road as Docu-
'i:ent No~ '30462.J Gar:-fi_.e:~tj. _Co_unty Records, ~ci _also. except all that
portion c·f the E~ HE~ of said Section 25, lying East nf t~e Old
County Road and running through said land, ~eirig 1$ acres, more
or less~ as descri.bed in Doc1ur,ent No. 22920, ,-;arfield Cour.ty
Reco.rr:l,s.
SUaJECT TO a .~es;e/fYa.c._i9_~t -.of -9ne-hali' of a·ll oil,--.!;as and mineral
rights as· ·hereinafter set forr.h.
PARCEL 7
The" sEf SEl;", Nwr:·;'sEf~ Sw'I; }iE-t, NE~ SE~, Section ~4, To ..... ,,ahip 7
South, .. Range 98 w,e,,,~t,.,_9f. the 6th P .. M. containing 160 acres, more
or less.:
.SUBJECT TO a ·-re3erv~tion ~f one-half of all oil, gas and mineral
rights .~s f:iereinafter set forth.
PARCEL 8
The SE~ H\'/t_ and the NEt;. SW~ or Sect.ion 24, 'I'ownship 7 South~
Range 9$ West-1 6th P·.M., together with any and all ditch and
""8.ter rights app~rtaining the:reto .o:r conner::ted· tOerewith and includ-
ing, aut without J ~mjtation, ·one foot or~ li:fater in the f'il"'st en-
1argem-=nt of the Crl!lek and_ ~e· ... m ... a.n Ditch out of Rc-ar. ..:reek, being
ditch number 27 with priority numbers 34-'."0-129 in \'later District
70. Except a JC foot wide st_r.1p on South side of: NEt, SW~, fc.r
road right. of way,-conveyed out ~y Document No. 51868, Garfield
County Records.
SGSJECT TC a reser.vation--of' one-half of all oil, gas and mineral
rights as hereinafter s~t· forth.
PARCEL 9
T!"act 52 {formeJ:.1Y des~ribed--as swt SEt of Section 19 and the
\•/} NEt_ o:f Sectior:i 30) all ir: Township ? South, Range 97 West of
the 6th P~t-1~
• -• < . . . •' '•
SUBJECT TO a reservai:iOn. of one-half of all. oil, gas and mineral
rights ·as hereinafte:r ·set forth.
PARCEL 10
All that part of lot J, Sectio~ JO, Township; South~ Range 97·
llest, 6t.h P~M~ not included in the above description.so The
Granters do not warrant the title to the property conveyed in
t..his ps.r·cel, but onlY quit claiir.a whatever !"ight ~ ti ~le and
interest they may haveo
SUBJECT TO a reservation of one-half .of all .oil~ gas and mineral
rights as hereinafter set forth~
No Oil) gas or mineral ~ights are conveyed ~ith parcels 3
and 4~
-J"
i.l-Oo~< · J07
l'a;;;o ·1.a2
The!"~ is not conveyed,, ln.<t th~re i.s !'eserved tc..: the Gra.ctor;,1
?<.oas Lathani; hia heirs and a9signs;J. an undivide_d c·ne-h.~~f of
ull cilJ gas and other rr:.iner:i.ls: 'lying in _and_ ·~.O: ·~-P.a,~c-els nt.:mbered
.i..). 5~ 6? ?-~ 9 and lOP to.gather wi-th. the ri.ght. fO· _p_:-ospt?c_t f'~r and
~-mine the. same ..
Th:ere is not conveyed, but there is reserved to the Grant.ors
Ross Latham and LeRoy. Lathci.in· a·n: -Undivided one-half inte.rest in
all oil, gas and ot.l-ier,.ni.in.~ral rights ly~ng. ln and tinder parcel
l-io~ e, together with th~· .right to prospect. and remove the aame~
Ross Latham an undivided one-fourth interest in and to all oil,
gas and other minerals lying in and under parcel Noa· 2, together
with the ri.ght. tc prospect for and :-e;!:OVe the same ..
All of the .above described real estate is subject ·to out-
standing oil and gas leases of record, except parcels 3 and 4 1
and this conveyance ·~.s made subject theretc,, There is hereby
assigr.ad to th-2·-Gran,tees an undivided 1nt1're.st in such outmtand-
... ::'
ins; oil and gas ·1-eases· ... and i:h-a del~ycd rental.s in proportion to
G.r-a~t.ees' interest,_iil the. oil, gas and mineral" rights hereby
1'hare is also conveyed all ditch·e5 9 ditch right.a:> "Wd.ter and
•.rr.1.ter rights· .. belonging to or appertenant. to the abov:a daacribed
parcals of real.est~te, inclcding, but not limited to the following:
C;.:;n\1~11 Dit.ch, out of
Con:1 Creek~originai
l;; :: .::nlo
2nd Enl.
;,r-d Enl.
J~l;.h Enlo
Dom~stic-Ccnw~ll Ditch
Ci.s3n~ No .. 1
Cissna Nco 2
?rioritv N·.:i • D,J,.te
23
52
uoaa
l"? ,,
181QQ
1
154888
15488
.,. l~ -
of Priority Sacond F~et;
4-13-84 2,80
2-lG-86 1~60
4-1-92 OolO
5-19-14 .o~oe
Z-1-24 • ~? '+ o I -
1,-13-84 LOO
5-1-10 Oo50
5-1-10 0,50
-·· . ..:..-:··...:: ___ ._
•..:.r-:~i.-[.. ?-.~· 1:iar ~it.ch)
i..:ut ,-,,:: R(..:.> ~.z'e>ak
;;~ :i': :.~:~1]
bak~r & Bowd-ish Dit~'.-1-,'
=~'·..:t ;)f ((111.n
i.)ri ginal
.l:.::r_ C.:nl~
2nd Er.l~
;)OIT.""St i~
'7 n
18j,-(:.:
···5-3
l53AA
o. lclPP
9a~er Creek CanycL Ditch,
BJ.kf'lr G1.:lc-~1 1 a tribt;ta'r:y·_:.
of Con!1 Creek l 51~AA
~il!!ams Dltch, CLlt of
Ccn~1 Cre~k
Ccr:r· Creek DitCh-,-~C'.'U.~{:.'~
o :: .. Conn Creek lclA
l 1-1 ':--8::··
~-11-e
1-2··~
=::-·-1:·::..-erS
s-1r:_o4
2._ J"-2-~.
>-l :-·e·'·
4-l-C·9
2.-9:
Book 307
Page · 4SJ
-2. (":'.
·). :::: , ..
!) • J·?
i"·. ~~
l~~·J .:i.~sol:.i:e
1 .. S condi t. i (>na.l
Ther.e is als_?·'-·.:0erebY c:;-nveyed as ·appurten~P.-.t~ ~o the above de-5-
(:ribed ·re~:~ ~,~tate-'.all Public Doinain~· grazing r'!.ght·~·: permlts and
T: ere"' is b--'rP.-:•y con~f~y.ed t:~e t':iove desci-ibed ·real ':"s:ate witi":
a L2 . ~. -....... <;::'
S'"1:r:~~ sLbject t~·-_··-~:?;·x'e;S·:.fc:r.. t:-ie year 19.5B anoi :~ •. .:it.?·a:.t9r; a4bjec~
;_, · .. -\ ;;_ . .· ..
:.~. a~.l e:<isting;:~~g4_·1~.-rQ.ads .ar.d .aaserr.ents; anJ .~.1-~bje.ct tc a <> .·' ' .'.~-> .. :o"." .~; .o
r·]Servation of ·o·il:·:~ii.fi'if'..':·'g-,;;i:s'.:and mineral rights as -·abOve set forth,
.-. -._ ~ ·,··--:·::~;--.<· .. , . ~~ :-;:--.eti and d~:f...-iveZ..ed. t.i·.is
! ·.
..:-. { SEP..l.)
'..>I'.!\'~.'!:: C·f' COLORADO)
) s $ ~
the :oreguing ir-:.~trwnent was ac'kno•.1:ledged· befor~ me tb.i.s~r--sf
C.::.7 of' Ap1~11? 19~_8 [\y ·Ress Lathari!~ also kho\o.ln a.s :-·~ R~ L.s.tl-=:o.ri:.j
e,!W. LeR-:iy Lath.:i.m, a:so. knc ..... 7~ as .LeRcy B~ Lai:.han and LeRt~y J.
-': {I'
'N~i~ry Pu.bl_~c_: : .. ·
·'
.._, :-
.... ---------· -
Filed ror. record April 4, 1958 at lO:JO A. M., and recorded in book Jo7 at __ pilge 4_79 .. thereaf •
. :-
,,
-~ .. -.,_. ··---
6.
---------· ·---,------
~·
-----------
EASEMENT AND RIGHT OF WAY
STATE OF COLORADO )
)
COUNTY OF GARFIELD )
KNOW ALL MEN BY THESE PRESENTS: THAT
THIS AGREEMENT, made and entered into this /8~ day of •.
Au:tft.l~r·:·;> 1980, by and between JOHN w. and JOAN L. SAVAGE, here-
--~-~-:-
inaS:C.t:~'!:":r.~~ferred to as "GRANTOR" and ROCKY MOUNTAIN NATURAL GAS
:~. ..~ii
COMl'hNY. ;-,·.JNC., a Colorado corporation, 1600 Sherman Street, Denver,
Colorado, 80203, hereinafter referred to as "GRANTEE".
WHEREAS, GRANTOR is the owner of .certain real property in
Garf=*~'l~]'::"county, Colorado. GRANTEE desires to acquire easement
.. _; .: .. 1'J.. .....
righ1;:~.~r,-.a portion of this property hereafter described for the
purpose of constructing, maintaining, operating, inspecting, using,
repairing and removing one or more pipelin.es and appurtenances in-
cidental thereto for the transportation of Natural Gas and associated
liquid~ and gases together with .the rights of ingress ·and ·egress or:.,
over, across and through said lands hereinafter described.
NOW, THEREFORE, for and in consideration of the sum of
Ten oa:lars ($10.00 and other good and valuable consideration, the
receipt of which is hereby acknowledged, .~he _GRANTOR does hereby
grant unto the GRANTEE, for its exclusive use, as aforesaid, an
easement and right of way over and across the following described
real property situated in the County of Garfield, State of Colorado,
·~ Being in Sections 5, 17, 18, 19 and 20, Township
n.,~ · 7 South, Range 97 West, 6th P.M.
The width of the aforesaid right of way shall not exceed fifty (SO)
feet. The aforesaid right of way is along strips of land having
an approximate centerline more specifically described as follows:
See "EXHIBIT A11 attached hereto and made a
a part hereof.
All in accordance with the attached plat.
·•.
:.•
808! 554 IJGE830
GRANTEE shall have right of ingress and egress along said
right of way for the purposes above set forth, provided that if any
part of the said right of way or any area adjacent thereto should
be, or become, a part of GRANTOR'S oil shale operations of what-
soever nature, GRANTEE may, except in cases of emergency, enter
said premises only after giving notice to GRANTOR of its intent to
do so.
GRANTOR hereby reserves unto itself the right to use and
enjoy the aforesaid premises, except those expressly granted herein,
wflich reserved rights shall include but not be limited to, the right
to produce oil shale by sarface mining or any other method, the
right to erect or construct on or across this easement above ground,
grade level or underground pipelines, power lines, telephone lines,
road crossing or any other facilities necessary· for GRANTOR'S oper-
ations. Within thirty (30) days following completion.of construc-
tion afld installation of the pipeline, GRP.NTEE shall cause the loca-
tion of the line, as installed, to be surveyed by a.registered land
surveyor, and shall provide GRANTOR with the "as installed" above
grounO location description plus copies of all field notes resulting
from such survey.
The GRANTEE agrees that the line shall be" bUried with a
minimum covering of thirty-six (36) inches so it will not interfere
with GRANTOR'S use of the land to the extent above provided. The
above ground pipe and support structures shall blend in with the
landscape. Any pipeline constructed uner this agreement shall be
constructed under ANSI Sec. B-31.8 and/or part of 192, Title 49 of
Federal Rules and Regulations, and shall be cased in keeping with
good engineering practices where it intersects surfaced roads.
GRANTEE also agrees to pay any and all damages to fences, timber,
land, and other improvements which may be suffered from the construc-
tion, operation, maintenance or removal of such pipeline. The pipe-
line and all other equipment and facilities constructed within
-2-
----------------------------------~----
GRANTOR'S property shall conform to all government and industry
standards for natural gas pipeline transmission.
GRANTEE agrees to set and maintain visible monuments of
a durable nature where the pipeline en~ers and leaves GRANTOR'S
land, and also at any point where there is a material change in
direction followed by the pipeline.
In the event the business or operation of the GRANTOR should
make it necessary or desirable for GRANTOR to use the property which
is subject to this e.:isernent and right of way, in a manner which
would make it necessary or advisable, in GRANTOR'S opinion, to re-
locate any of the facilities constructed or located hereunder,
GRANTEE, at its sole corporate expense, shall accomplish such relo-
cation within six (6) months after it is notified so to do by the
GRANTOR. The GRANTOR will make every effort to designate an alter-
nate route on GRANTOR"S property.. However, .-the GRANTO.i:l sh~ll not
be obligated to furnish an alternate route, and the granting of this
easement shall not be construed as the gran~ing of a perpetual ease-
m-:nt on GRANTOR 1 S land. GR.ll.NTEE agrees, in the e\.~ent of request. by
GRANTOR, that in accomplishing any. relocation it will leave the prop-
erty which is subject to this easi=ment and righ.t _of way in substan-
tially the same candi tion as when ~ntered upon by GRA..."il"TEE. In case
the relocation is ·not co1npleted within six -(6) months after notifi-
cation, the GRANTOR will have the right to move the facilities or
have them removed at GRANTEE'S sole expense ..
All operations of GRANTEE hereunder shall be in conformance
with all governmental laws and regulations. GRANTEE agrees. to in-
demnify and hold GRANTOR harmless from any and all claims, demands,
liability and suits for an~ and all damages to property and persons,
including personal injuries or d~ath to any and all persons arising
from the GRANTEE'S exercise of this grant. GRANTOR will have lia-
bflity for itself or its agents during mining, road building, con-
struction, or anJ· other operation, near or over this pipeline, in-
cluding damage to pipe and loss of product.
-3-
--.:~ ·--·-............ ··
B<JOK 55'1 riGE832
As a further consideration for the grant and conveyance
of this easement and right of way, the GRANTEE does hereby agree to
furnish gas to the GRANTOR from GRANTEE'S pipeline for use in con-
nection with GRANTOR'S operations in the vicinity at a rate to be
negotiated at the time GRANTEE supplies such natural gas to GRXi,,NTOR.
In such event, the rate shall not exceed the gOing rate at the time
of supplying such natural gas than that which is charged to any other
parties for the type and use for whicn it is being supplied. Cost
of procuring and laying any such service line shall be in accordance
with GRANTEE'S tariffs, rules and regulations then on file with the
Colorado Public Utilities Commission.
TO HAVE AND TO HOLD the same unto the GRANTEE, its successors
and assigns, subject to all existing easements on, over and across
said lands without any warranties whatsoever, so·_ long as the pipeline
installed hereander shall be used for 'the purpcses· a::orz~aiC., u.na
subject tu the condition that if GRANTE~ should abandon the use and
operation of the aforesaid pipeline for a period of six (6) months,
the easement herein granted shall irnmediatelY terminate and the
full possession of the strip of land burdened with said easement
and right of way shall revert to GRANTOR, its successors and as-
signs, without th~ necessity of any action o~ the party of the GRANTOR;
provided, however after such termination GRANTEE shall at-its sole
cost remove its pipelines and other facilities from said land upon
the request of the GRANTOR. The removal will be accomplished
within six (6) months after receiving notification by the GRANTOR.
In case the removal is not completed within si~ (6) months, the
GRANTOR will have the right to remove the facilities or have them
re~oved at GRANTEE'S sole expense. It is further agreed and
w1derstood in the event of termination, the GRANTEE shall, within
si,xty (60) days, prepare and file of record a Release of this
-4-
,.•
.. OOOK 554 PIGE833
Easement and Right of Way and shall provide GRANTOR with a copy of
such Release with recording data stamped thereon.
The terms and conditions and provisions of this agreement
shall extend to and be binding upon the parties hereto, their sue-
cessors, administrators or assigns. The rights of this agreement
may be assigned in whole or in part by.GRANTEE only to a parent,
subsidiary or other company affiliated with GRANTEE.
IN WITNESS WHEREOF,
;;,(
agreement this /( -day of
the parties hereto have executed this
, 1980, before me personally
~ -, .
appeared John W. Savage and Joan L. Savage to me known to be the
INC.
persons who executed the foregoing instrument and acknow_l~~-~R;·
;·---·-~'.-::".t!" ~ •• ••• ·· ... ~~~
they executed the same as ·their free act and deed. · ·, -.:/·::-~/,Jll Ell) .. ~::
. 1.oc: •·•·· O";•fl ,/· . ,o,-(, .
'--1f/d'k-', Q ~~JOI~ ,"o
Notary Publik' ,: ··.
1
···-.;-:·i"\: ~-·.
My commission expires · 0/7,a,,· ?f' /o/',6'f! ~~r/~,..._.~~~~~~
' .....
-s-
600X 551 PlGE834
11 EXHIBIT A11
A fifty (50) foot wide right-of-way and easement located in Tract
38 of Section 5, Tract 48 of Section 17, and Tract 49 of Sections 17,
19, and 20, T7S, R97fl, 6th PM, Garfield County, Colorado with the center-
1 i ne of said right-of-way and easement being described as fa 11 ows:
Beginning at a point on the north line of Tract 38,
Section 5, T7S, R97W, 6th PM which bears East, 947.0
feet from the Northwest corner of said Section 5;
thence S 4~ 07' E, 1,763.0 feet;
thence S 2 0 15' W, 2,618.6 feet;
thence S 16 11' E, 855.6 feet to a point on the
south line of Tract 38, Section 5, T7S, R97W, 6th PM
which bears East, 1,204.9 feet from the Southwest corner
of said Section 5.
Description continues beginning at a point on the west
line of Tract 48 of Section 17, T7S, R97W, 6th PM which
bears S 85° 38 1 W, 796 .1 feet from the North 14 corner.
of said Section 17;
thence N 89° 35' E, 73.2 feet;
thence S 8° 41' E, 349.3 feet;
thence S 1° 44' W, 796.6 feet;
thence S !5° 49' I~ 436.2 feet to a poir.t on the
west line of Tract 48, Section 17, T7S, R97W, 6th PM
which bears S 44° 32' W, 2,563.5 feet from the North-.·
west corner of said Section 17. -
Description continues beginning on the north ·1 i ne of :
Tract 48 (and SWi,) of Section 17, T7S, Rg7W, 6th PM .. ··
which bears S 25° 38' E, 3,062.1 feet from the North-·
west corner of said Section 17; , ·
thence S 30° 43' W, 1,534.0 feet to a.point'·on·-··
the south 1 i ne of Tract 48, Secti o , 17, T7S, R97W,
6th PM which bears S 7o 34' W, 4,115.2 feet from the
Northwest corner of said Section 17.
Description continues beginning at a point on the
east 1 i ne of Tract 49 of Section 17, T7S, Rg7fl,
6th PM which bears N 19° 37' E, 1,250.2 feet fro~
the Southwest corner of said Section 17;
thence S 30° 43 1 W, 265.7 feet;
-thence S 47° 53' E, 177.1 feet to a point on
the.east line of Tract 49, Section 17, T7S, R97W, ..
6th"PM which bears N 26° 35' E, 928.6 feet from the
Southwest corner of said Section 17. ·
Description continues 'beginning at a point on the· east:
line of Tract 49 of Section 17, T7S, R97W, 6th PM .
which bears N 39° 57' E, 640.7 feet from the Southwest
corner of said Section 17;
thence S 13g 02' W, 3,100.2 feet;
thence S 26 38' W, 1,756.0 feet to a point on
the west line of Tract 49 of Section 19, T7S, R97W, ·
6th PM which bears N 32° 22' W, 1,792.8 feet from the
Southeast corner of said Section 19.
Total described centerline lengtn of right-of-way and easement equals
13,725.5 feet and 832 rods with an area of 15,7547 acres,
If the rights granted herein should at any time interfere with the operations of
Gra~tors, their successors or assi~ns on the lands involved, 'Grantee agrees to move
and relocate. to other lands of Granters. any such pipeline and other facilities
located on the right of way easement being granted herein, any such move and re-
location to be as directed by Grantors, their successors or assigns, with such .
re 1 oca ti on to be at Grantee's sole cost and expense~ and such relocation to be
completed within six (6) months of Grantee's receipt of Grantors' notice of that
portion of the pipeline in conflict.
I'
I
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. 1'
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; .. ;:.
·.:
/.
~
\ 19
4 W. 0. Rood 1460 1-84.-..,-.....
146/r 89./
30
20
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1476+70.4
14 77 + 95.8
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100
109
« 110
9 I " 0
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6
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. -111
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-116
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-118
-119
!3DDK 554 P!GE835
5 6" 4J' Yi 4:12.4'
s 7° 03' E 8931.0
5 5Ci 0 1(,'E 1(116.ts
s 39°2G'E ~ltHi o'
5 41r.i13' ( 1161. 3'
48°43'E !5~1J 4' < 5 0
5 71 ° o9'E 9~r,-a' 0
N 58° 23 1 E IC31 7'
54;,0 15'E 174c:t.2'
S 46°14.F .. .,~.o·
s J3Q z4'£ ')<;15~
N 89° 35'F. Oi.b
SA 0 4i'E 5'l9.3'
1462+ 16.3 II'"° -120 5 r 0 44' w 196 6
29
I/~' -,, ' s 15°49' w 109 2~
1724.7' '11 122 s 30°.:3' w ? r4 3 o'
:22-123 5~7°5'.fE ~~') 9'
1Z3 -124 s 13°02'1'1' 3100.z'
1100
~ 1507+ 99.8
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31 32
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~ur:t!:: 1.~ ac.•:u·rnt.!::l'.-'~~~:;:~. ,~~:
1542+15.S
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irri9. dilfi..h 1603-1-92.9 ch~/t4 0 , I
(, ~ I I . .
Tit'' Wes/, 1204.9'
6
;_ / 5 i!_ _Jl,.L_·~~~~~----------------~
fence /608r~6J I :s•c < Iii -,
-1592 +96.2
-----1604 ~57.5
;~f2 1150
~
I Loi 3
I
I
1616 + 34.3
ii= 1659+604
'/14 fence -~ -1.·c-!642+ 25.3 :~.' . 1642+88.7
I' ' L I 5 , ,1161) . .
l ' a ·· ~ 164.5+99.l Or~"' ' "' 1652f30."4'
8
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-_______ '_a_. -1-\:.-.->.--7~Lot 3 ./0~· .. li~j 1~19L r1e Nl\,,4049'£, 720.5'. 17
;z'tt1 1 256.5.s' · Pow~r Lint' 167 93.0 ~-' __,,..... o38 ·w~ 3062 .1· c"""'l'~'"~ '~~~~~'its <:J:t ~-' · +::::::.:.
vr 0 34'w, 4115.2'· --------'--/~1;
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17
Retu1n to:
RIGHT OF WAY AND EASEMENT
JOAN L. SAVAGE, SAVAGE LIMITED PARTNERSHIP I, DANIEL W STROOCK and SUE ERPF
VAN DE BOVENKAMP, referred to as "GAANTORS," for and in consideration of one dollar in hand paid and
other good and valuable consideration the sufficiency of which is hereby acknowledged, do hereby convey
and grant to TAANSCOLORAOO GAS TRANSMISSION COMPANY, a Colorado partnership, referred to as
"GRANTEE," a right of way 50 feet in width and a temporary construction easement 75 feet in width for the
purpose of constructing, maintaining, operating, Inspecting, using, repairing and removing one 22-inch
pipeline authorized by FERC Order issued June 3, 1994, 67FERC1f 61,301 {1994), and appurtenances
incidental ther~to, referred to collectively as the "Facilities," for the transportation of natural gas and
associated liquids and gases on, over, under, across and through the fol!owing described real property
situated in the County of Garfield, State of Colorado, t1911I EE ·itR lilR e11&eme11l fo: i: JI s tA'il egR?ee~o-wi: . s
Being In Sections 5, 17, and 19, Township 7 South, Range 97 West, 6th P.M., the kJ.5 =2f:..,.r,
approximate centerline of which is more specifically described as follows: s. Vl'S ... :j V~JC-
7 V.w>~ "' See "EXHIBIT A" altached hereto and made a part hereof. ~,!J...._ ~-.C:-
TO HAVE AND TO HOLD for so long as used by GRANTEE for the purposes of this grant and for
two years thereafter, subject to the following additional terms and conditions:
1. GRANTEE shall have right of ingress and egress along the right of way for the purposes above set forth,
provided that if any part of the right of way or any area adjacent thereto should be, or become, a part of
GRANTOR'S oil shale operations of whatsoever nature, GRANTEE may, except in cases of emergency,
enter said premises only after giving notice to GRANTOR of its Intent to do so.
2. GRANTOR hereby reserves unto itself the right to use and enjoy the surface, so long as such use does
not unreasonably interfere with Grantee's use, such permissible use by Granter to include, the right to
erect or construct on or across this right of way above-ground, grade-lever or underground pipelines,
power lines, telephone lines, road crossing or any other facilities necessary for GRANTOR'S operations;
provided, however, such lines shall be installed not closer than three feet from Grantor's pipelines in a
parallel direction nor closer than one fool in a crossing direction and, provided, further, that prior to any
excavation of the right of way, GRANTOR shall comply with the notice provisions of Colorado raw with
respect to excavations on or near underground utility facilities.
3. GRANTEE agrees that the pipeline shall be buried with a minimum covering of 36 inches or such depth
permitted by the federal Pipeline Safety Act and regulations thereunder. The above-ground pipe and
support structures shall blend in with the landscape. GRANTEE also agrees to pay any and a!I damages
to fences, timber, land, and other Improvements which may be suffered from the construction, operation,
maintenance or removal of the pipeline. The pipeline and all other equipment and facilities constructed
within GRANTOR'S property shall conform to all applicable government and industry standards for natural 'JZ>/.
gas pipeline transmission. GRANTEE shall repair or replace all fences and ditches to as good or better .
condition as existed prior to GRANTEE'S activities on the property. GRANTEE shall reclaim and
revegetate all disturbed areas to at least the minimum standards imposed by Bureau of Land
Management for comparable habitats, except that irrigated hay fields are to be revegetated with species
comparable and compatible with existing vegetation in non-disturbed areas. GRANTEE shall also be
responsible for all weed control Jn disturbed areas untll fully revegetated.
4. GRANTEE agrees to set and maintain vlsible monuments of a durable nature where the pipeline enters
and leaves GRANTOR'S rand, and also at any point where there is a material change in direction followed
by the pipeline.
TransColorado
1832 S. Townsend Ave.
Montrose, CO 81401
I llllll lllll llllll llll llllll llll lllllll Ill lllll llll llll
~30889 08/20/1998 04:10P 81084 PS72 n ALSDORF
2 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
5. In the event the buslr iess er operation of GRANTOR should make it necessary or desirable for GRANTOR
to use the property •ohich is subject to this Right of Way and Easement, in a manner which would make
It necessary or advisable, in GRANTOR'S opinion, to relocate any of the facilities constructed or located
hereunder, GRANTEE, at GRANTOR'S expense, shall accomplish such relocaUon within sbc months after
It is notlfted so to do by GRANTOR. GRANTOR must provide an alternate route on GRANTOR'S property
and execute a grant therefor. GRANTEE agrees, Jn the event of request by GRANTOR, that in
accompllshlng any rerocation It will leave the property which Is subject to this Right of Way and Easement
In substantially the same condition as when entered upor. by GRANTEE, or GRANTEE may abandon in
place Its existing Facilitles.
6. All operations of GRANTEE or GRANTOR hereunder shall be in conformance with all governmental laws
and regulations. GRANTEE agrees to Indemnify and hold GRANTOR harmless from any and all claims,
demands, Jlabllity and suits. collectively referred to as "Lia~illty," for any and all damages to property and
persons, Including persona/ injuries or death to any and all persons arising from GRANTEE'S negligence
or willful misconduct excluding any Liability caused by GRANTOR'S negligence or willful misconduct.
GRANTEE shall, within 60 days of termination of this grant, prepare and file of record a release of this
Right of Way and Easement and shall provide GRAN TOR with a copy of such release with recording data
stamped thereon.
7. The terms and conditions and provfsions of this grant shall extend to and be binding upon the parties
hereto, their successors, administrators or assigns. The prevailing party In any Utigatlon arising out of this
grant or the activities of Grantee on the property, shaU be awarded its costs, expenses and attorney's
fees.
In WITNESS WHEREOF, the parties hereto have executed this Right of Way and Easement this_ day of
July, 1998.
JOAN L. SAVAGE
SAVAGE LIMITED PARTNERSHIP I
By:J~t~
Joiil L. Savage
ATTEST: TRANSCOLORADO GAS RANSMISSION
COMPANY by QUESTAR
TRANSCOLORADO, INC., p~rtn~er 1
By: c'.1-w {J ~·-) By _ ~ ig,d s,e,t/Vnf--C, eBem rdl $
Connie C. Ho 1 brook Vice President-Technical Support
Secretary
2
I llllll lllll llllll llll llllll llll lllllll lll lllll llll llll
~30889 08/211/1998 04:101' 81084 PS73 K ALSDORF
3 or 13 R 66.00 D 0.00 GARFIELD COUNTY co
STATE OF COLORADO
COUNTY OF GARFIELD
My·commlsslon expli"es:
~w~,
My commission expires:
1.th£:b,,o t
)
)SS.
)
On this ~ay of July, 1998, personally appeared before me for sue ErpfVan de Bovenkamp and ,X
Daniel W. Stroock, John W. Savage, Attorney in Fact, known to me to be the signer.of.the.foregoing·Right·of· ·
Way.and-Easement; and·ackrrowledQed"tO me that he executed this document.
?Z~~&~
Natarypublic
My commission expires:
IQ otl!J.?# . 1 I 'lf." I {/.
On this 1L day of .Jlky,~1998, personally appeared before me G. W. DeBemardl, Vice President
Technical Support, for Questar TransColorado, Jnc., a partner of TransColorado Gas Transmission Company,
a Colorado partnership, known to me to be the signer of the foregoing Right of Way and Easement, and
acknowledged to me thal he executed this document on behalf of said partzershl . /l 1 .
•
'ttz.&,,,,,L · /!b!(?td/..L/
.. ~ ..... I. I I rn• Notaiy Public ·•·00-......... -.... , llfOUX I 1 ;&IPlfM
miss •200lu L-----
R97-036\SAVAGE.ROW
3
!:.XhlBIT "A11
'--· Page 1 of 10
PART OF THE W1 /2 OF THE W1 /2 OF SECTION 5,
TOWNSHIP 7 SOUTH, RANGE 97 WEST
6TH PRJNCIPAL MERID1AN
GARFIELD COUNTY, COLORADO
1111111111111111111111111111111111111111111111111111111
S30889 08/20/1998 04•101' 81084 P874 n ALSDORF
4 of 13 R 58.00 D 0.00 GllRF!ELD COUNTY CO
s21.11s· I
I
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../"--·---
1
-s 01-s1-05 w ......-~ P.L NO. C!20 \. ..... ·.'· 109:1.02.'
',· '.• ACPUM ~
S 41-07-01 E •. 0:· (ALUM, CAP) ~
12i!.2G' l I
•·. s ~;~1;-17 E I WiXER RANCH PROPERTY LINE
: • ____,,, NO. ~.JO I BAKER
RANCH
LANDS
_,, ",."'---1-I
. ·. s 01-07-51 w l
·'. 8681.CO' P.L llo.C865-----·
Pl NO. C8.l5 -1;.;. _ __r:• _.-S Of.I-8-02 W S 27-00-33 W
No7'£f
,\· ,• ....-Jl!~.51' 1811.71'
M HO. ca.co -1+--..l ·.~ Pl No.1 ca.c:i
, ,,_.,_,,, , ·:., 11 "" I DETAIL
'·'' f?.o.vJ .
orJ 341<1:'.~
RA 1#.H RliQ D.
52.C.28" •'. ~ • (TIE')
I" .. 10' ~_/ s i~tg.t~J E s tr........... jT~c~:!·~a~a w
5 4
TABULATIONS
4496.28 FEET
272.50 RODS
0.85 MILES
B 9
17 16
-
I
I
I --
1
I
I
TIWISCoi.ORAVO PJPEUNE >S StlO'Nrt HEREON LIES APPROXIMATELY JO
TO 70 fEET WEST or ROCKY MOUNTAJN cus LINE rnoM P.1. NO. CllJO TO
f',I. NO, CIMO, LIES APPROXIMATELY;.00 T0·70 FEET CAST Of' ROCl(Y MOUHTAIH
CAS UHE fROU PJ, NO. CB~!S TO P.I, NO. CB65. LIES APPROXJUATELY
30 r£rr WEST Of" ROCKY UOUNJNll CIS LINE FROU P.1 NO. C870 TO
PJ .NO. CllllO, ANO UES APPROXIW.Tn'r' 10 n:tT EAST OF OWJU(O.O
POWERUrlE FROM PJ. NO. t:11CIO TO P.I. NO, Cllll!S, ANO LIES APPROXIMATEl.Y
~ WEST Of O'IENll£AO POWERUNE TROM pJ, NO, C870 TO P.I. NO. C!l80,
HEN-· •• BROADH~~R •• l.S. No.18974 A
4 3
9 10
9 10
16 15
$CIJ.E IN FEET STATEt~~·J;OLORAQ~•ff ~.,.c:roJ·· ... ····ri. lB ~
NOTtS: ,.,,..,,.11,,~111. LI\\\~\\\\-$$" .
SEC:
No-rE/
F1 i;;;;;;;;i
0 1000 2000
I.) BAS1S OF o~f/l/IJU1ijl\la~eEA111NG.COLOrl}.O()
STATE f'\AAE COOODINATE SYSJOI. COLOIW>O
Sount ZONE:. ORIO DCAAIHG DE'lWEEll OSI
CONTROL POINTS UM .mD UAB
ea.n.s: s Oll-211-11a w
l.ECEnD
.0. TCOOIO
DRAWN B'i'i T.a.
K.W,
£C1< p,e,
-::)• -·---·--.. --.!..1J;l'.J.l.Y.>l.kl:l~.Y..K..6.Y..Y.
s. R, It w GAS TKANSHISS/ON C/llll'llNY
R~?Amr ~~ljlMt.b.roo
0 ., roUNO SECTION CORNER IS. NOTED. e .. FOUND 1/+ CORNtR AS NOTED.
&, " OSI CPS CONTROL POlffT
TIWISCOLORADO PIPWNE I ACROSS
t=t:__:__:__:__:__:__:__:__:__:__:__:__=__==~:__:_:_: _±==:J-,-. j~~;~::.:D:...'~RANrr~~~:D;c:1~:~F~I D::ST---. L----------'--'------==='=-'-=:--=--=-=-===-=-=-:::·-=-==-:::-::c---'---'-------·---.----
.j··
II~
·.,
V EXHIBIT "A"
Page' 2 of 10
v
1111111111111111111111111111111111111111111111111111111
S30889 08/20/1998 04:10P 81084 P&7S M RLSDORF
S of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
Daggett Surveying, Inc.
R. HOWARD DAGGm
R~l.Gnd~
CORPORA TE OFFICE:
P.O. BolC a189
Farml119101t, NN Mtdc:o 87499-2789
Phone; 6os .. u6-1n2
Fu: 505-326.0019
N1w Muko ~ No. 9619
LEGAL DESCRIPTION
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RAN"Cll LAN"DS
FOR
TRAN"SCOLORADO GAS TRl\N"SMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
A strip of land situated in Section s, of ToWnship 7 south, Range
97 West, 6th Principal Meridian, Garfield county, Colorado, the
centerline of said strip of land being described as follows:
COMMEN;CING at the Northwest corner of said section 5, Townshi"p 7
south, Range 97 West, 6th Principal Meridian, Garfield County,
Colorado, being a found standard brass monument.
THENCE:
THENCE:
TllEN"CE:
THEN"CE:
THEN"CE:
THENCE:
TllEN"CE:
s 01-51-06 W a distance of 1095,02 feet to a point
on a gas pipeline right-of-way to serve as
TransColorado Gas Transmission Company's mainline,
being a point on the West line of the northwest
Quarter of the Northwest Quarter of Said Section 5
and the Westerly line of Baker Ranch lands;
S 41-07-01 E a distance of 1298.26 feet;
s 06-07-17 Ea distance of 603.20 feet;
s Ol-07-51 W a distance of 868. 40' feet;
s 06-10-02 w a distance of J88:s1 feet;
s 09-46-55 E a distance of 524.26 feet;
s 13-06-23 Ea distance of 813.63 feet;
To a point on the south line of.the southwest Quarter of the
Southwest Quarter of said Section 5 and on the Southerly line of
Baker Ranch lands N 87-52-28 W a distance of 1364.89 feet from
the South Quarter corner of said Section 5, Township 7 south,
Range 97 West, 6th Principal Meridian, Garfield County, Colorado,
being a found ·standard ~rass monument .
. The total length of the gas· pipeline right-of-way across Baker
Ranch lands as described above is 4496.28 feet or 272.50 rods or
o.as miles more or less.
The above described strip of land shall
to commence on the Westerly line and to
southerly line of Baker Ranch lands.
HENRV P. BROM:IHURST, JR.
R~•ltrtd .l.arxl Survt1'Gr
Colo«>do Ucen1t No. JIJ9~4
be shortened or extended
terminate on the
ROCKY MOUNTAIN OFACE:
2487 fndutlrial Blvd.
OBN! Jun~n. ~nda 111505
30).242-0201 ============ Pip.l:liMs. w.nL""'llOllS. Doundary~llfVf)/ll. T~lcSU!\19)"1 ============
:::
EXHIBIT "A"
Page 3 of 10
I llllll lllll llllll llll 111111111111111111111111111111111
e30889 08/20/1998 04:10P B1084 P676 M AL.SDORF
6 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The above description was prepared under the supervision of Henry
P. Broadhurst, Jr., Colorado Professional Land surveyor No. 18974
.from the results of an actual field survey and plat, as prepared
for Transcolorado Gas Transmission company, Drawing No.~i::;uze~zc.,
Dated January, 1992.
All bearings and distances reported herein are referred to the
Colorado State Plane coordinate system Colorado Central zone
(North American 1983 Horizontal Datum) as determined by survey to
National Geodetic survey Control Stations. All GLO and BLM
record bearings used for calculated intersections, if any, were
rotated to Grid North reference.
TCOOlD
.._ .. EXHI~IT 11 A"
' ·.._,.
PART OF TH~eii~f/2 OF SECTION 17,
AND THE E1 /2 OF THE E1 /2 OF SECTION
TOWNSHIP 7 SOUTH, RANGE 97 WEST
6th PRINCIPAL. MERIDIAN
GARFIELD COUNTY, COLORADO.
19,
~
12 7
lJ 18
13 ta
24 19
I
I
__ I
I
I
I
I
I
I
I
I
·:RANCH: I
)ANDS·: I
s 20-42-09 w·X-----" ~ b; I 12S-i.74' ·.
"' . f/19,_,._,. '1\ --"-r.,. .. "' ...... l.:.i.l
a::: "12:1.~1· j._ ~ -J" I
24 - - - -~oc&:·uw:1 •uf
f4. e.c. s-Pl HO. CllJO-~ii3 CLO. 25 JO Pl JIO. C9" --
19 20
JO 29
STRIP fJ
TIWiSCOLOAAOO PIPELINE M SHOWN H£REON UES APPROXJU\TELY 2!5 FEET SOIJTHWE'STDILY
or ROCKY UOUNT.IJN CAS Ll»f: AND LIES APPROX!W.lElY ~o n:a SOIJTHWfSJERLY Of POWER-
um: rROM r.1. NO. caao TO P.I. NO. CMS,
TABUU\T/ONS
IJIUU\11
t.'OltS; ENGINEERING RECORD
ORADO W.O. TCOD1D I APPROVED
o1-e11-.t2 w 17 16
788.4-1'
SCA1£ IH f'EET
E4 ZI
0 1000 2000 --· ··---·--... --.Hr.:M.l.Y.'1!!.:Y.!.Y.1$'.~Y..~ 0-l.)"D'As1s OF BEAIWIC -CRID OE'.AAJNC COL
STATE Pu.NC COOROltu.TE S'l'SlEM. COL
SOllTlt 20/if, CRIO DEAAINC DE1W££1l 0 coumot POINTS VM N-10 U>.u
DRAWN m' T,C, I C:[ClJON 17.lrl r • ., S, R.liP W, GAS TRANSJIJSSJON CDllPANY
OE'Al'IS; S OJ-20-!52 W
~~~
0 ., fOUNO SECTION CORNER J>:$ NOTEO
Q ., fOUliO 1/4 CORNER IS NOTED
• l .. OSI CPS COllTROL POINT
" suR"<'l'YEo 1<.w. · .. , Couiffil GAAAno
CHt:ekfD P.O. 1 SCHOOL OISTIUCT
REVISIONS
.!!Q, ll<S<Rll'TION
-
STAH!co. RICUT-Of-WAY RE91JIREO FUR 2't' AND 24 0.0.
TRANSCOLORAOO PIPELINE
'" .ICROSS
BAKER RANCH I.ANDS
'"""' I Df!WC. NO • I r· "" 2000· rcoo1or2
.. ''·
i
EXHIBIT '1A11
Page 5 of JO
111111111111111111111111111111111111111111111111111 llll
!5311889 08/20/1998 04:11!P 81084 Pli78 ~ RLSDORF
8 of 13 R &6.00 D 0.00 GARFIELD COUNTY CO
Daggett Surveying, Inc.
R. HOWARD DAGGETT _ .......... _ CORPORATE OFFICE:
P.O. Box 2789
farmir\glon, N~ Mu:lc:a 87499·2789
Phoiw: 6QS.3.20.I772
Fax: 5QS.326-6019
Nrw Muieo U::mU No, 9679
Ll~GAL DESCRIPTION"
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
STRIP 1
A strip of land situated in section 17, of Township 7 South,
Range 97 West, 6th Principal Meridiari, Garfield County, Colorado,
the·centerline of said strip of land being described as follows:
COMMENCING at the North Quarter corner of said Section 17,
Township 7 south, Range 97 West, 6th Principal Meridian, Garfield
County, Colorado, being a found standard brass monument.
THENCE:
THENCE:
THENCE:
THENCE:
THENCE:
N 88-55-37 W a distance of 812.61 feet to a point
on a gas pipeline right-of-way to serve as
TransColorado Gas Transmission company's mainline,
being a point on the North line of the Northeast
Quarter of the Northwest Quarter of said Section
17 and the Northerly line of Baker Ranch lands;
s 33-19-14 E a distance of 380.21 feet;
s 36-57-50 Ea distance of 331.44 feet;
s 64-23-15 E a distance of 340.44 feet;
s 53-05-07 E a distance of 89.10 feet;
To a point on the East line of the Northeast Quarter of the
Northwest_.Quarter of said Section 17 and on the Easterly line of
Baker Ranch lands s Ol-56-42 w a distance of 768.44 feet from the
North Quarter Corner of said Section 17, Township 7 South, Range
97 West, 6th Principal Meridian, Garfield County, Colorado, being
a found standard brass monument.
The total length of the gas pipeline right-of-way across Baker
R~nch lands as described above is 1141-19 feet or 69.16 rods or
0.22 miles more or less.
The above described strip of
to commence oh the Northerly
Easterly line of Baker Ranch
HENRY P. BROAOHURST, .IR.
Reri-ltrff lGl"ld SUl'W)'Of'
Colorado lkaiu1 No. Hf7f
land shall be shortened or extended
line and to terminate on the
lands.
ROCKY MOUNTAIN OFFICE:
2"87 lndutlrill Blud.
Greod Ju1Klloo. Color.tdo 81505
30:J.242..o20l ============ Pipelinu • Wtll'L.ocollont • &unoorySUl\lt}'l • T~ltlphk$wwva ============
EXHlBlT 11 A'1
Page 6 of 10 1..J
I llllll lllll llllll llll llllll llll lllllll Ill lllll llll llll
'30889 08/20/1998 04:10P 81084 PB79 ft ALSDORF
9 af 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The above description was prepared under the supervision of Henry
P. Broadhurst, Jr., Colorado Professional Land Surveyor No. 18974
froru the results of an actual field survey and plat, as prepared
for Transcolorado Gas Transmission company, Drawing No.~2~y,
Dated January, 1992.
All bearings and distances reported herein are ref erred to the
Colorado State Plane Coordinate System Colorado Central zone...
(North American. 19~3-Hori·zontal: Datum)" as determined by survey to
National Geodetic Survey Control Stations. All GLO and BLM
record bearings used for calculated intersections-,. if any,_ were.
rotated to Gr.id. No~th-referenca.
TCOOlD
···.·.
---------------------------
i._) EXHIBIT "A"
Page 7 of 10 u
I llllll lllll llllll llll 111111111111111111111111111111111
~30889 08/20/1998 04: 10P 81084 P8B0 n ALSDORF
10 af 13 R 66.00 D 0.00 GARFIELD COUNTY CO
R. HOWARD DAGOEJT
R~tnd Lond S1111.1tl'Or
Ntw Mtxlco Lkt~ No. 9679
Daggett Surveying, Inc.
LEGAL DESCRIPTION
OP A·
GAS PIPELINE RIGHT-OP-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
STRIP 2
CORPORATEOFFtCE:
P.O. &r 2789
Fvrninellll\ Hr. Mtxico 87499-2789
PboM.: SQS.326.nn
Fu: SOS-320.6019
A strip of land situated in Section 17, of Township 7 south,
Range 97 West, 6th Principal Meridian, Garfield.County., eoloradrr,
the c.entar, J..ine· of-scr±a· strfp of land being described as follows:
COMMENCING at the North Quarter corner of said Section ·17,
Township 7 South, Range 97 west, 6th Principal Meridian, Garfield
County / C~l·orado, being a found standard brass monument.
THENCE:
THENCE:
THENCE:
S 01-56-42 W a distance of 2376.02 feet to a point
on a gas pipeline right-of-way to serve as
TransColorado Gas Transmission company's mainline,
being a point on the East line of the southeast
Quarter of the Northwest Quarter of Said Section
17 and the Easterly llne of Baker Ranch lands;
S 26-53-35 W a distance of 1469.76 feet;
S 57-39-30 W a distance of 326.17 feet;
To a point on the South line of the llorth half of the Southwest
Quarter of Said Section 17 and on the southerly line of Baker
Ranch lands N 55-19-39 Ea distance of 2181.35 feet from the
southwest corner of said section 17, Township 7 south, Range 97
West, 6th Principal Meridian, Garfield county, Colorado, being a
found standard brass monument stamped w.c. u.s. GLO 1923.
The total length of the gas pipeline right-of-way across Baker
Ranch lands as described above is 1795.93 feet or 108.84 rods or
o. 34 miles more or l'ess.
The above described strip of land shall be shortened or extended
to commence on the Easterly line and to terminat~ on the
Southerly line of Baker Ranch lands.
Th'e above description was prepared under ~he supervision of Henry
P. Broadhurst, Jr., Colorado Professional Land surveyor No. 18974
from the results of an actual field survey and plat, as prepared
for TransColorado Gas Transmission Company, Drawing No.ao:+dB'4V,
Dated January, 1992.
HENRY P. BROADHURST, JR.
R~Jl1rtd l&nd SUll.lf}'CN'
C(llorodo J.Jetnq No. 18974
ROCKY MOUNTAIN OFf'ICE:
2'87 lndu&lrilll Bfvd.
OrMld Jvni:llon. Colorado 81505
30J.H2-0201 ============ ffpc!l11n • Wdl.Dcollon• • Bou11il'arySurveys I Toposmphlc5u11H11' ============
,.·, ..
. •
..
EXHIBIT "A"
P.age 8· 0f. 10·
11111111111111111111111111111111 1111111111111111 11~~11
!30889 08/20/1998 04:10P 81084 PB81 H ALSD
ll of 13 R &&.00 D 0.00 GARFIELD COUNTY CO
..
All bearings and distances reported herein are referred to the
Colorado state Plane Coordinate system Colorado Central zone
(North American 1983 Horizontal Datum) as determined by survey to
National Geodetic survey Control stations. All GLO and BLM
record bearings used for calculated intersections, if any, were
rotated to Grid North reference.
TCOOlD
.,
R. HOWARD DAGGETT
RfSltl•redLwlSwnicyi;w
N.iu Mtlico Uuns1 No. 96111
E'AHIBIT 11A11
Page 9 of 10
I llllll lllll llllll llll llllll llll lllllll Ill llllll Ill llll
e30SBS 08/20/1998 04:101' 81084 PBB2 ft Al.SDORF
12 o( 13 R 86.00 D 0.00 GARFIELD COUNTY CO
Daggett Surveying, Inc.
LEGAL DESCRIPTION
OF A
GAS PIPELINE RIGHT-OF-WAY
ACROSS
BAKER RANCH LANDS
FOR
TRANSCOLORADO GAS TRANSMISSION COMPANY
LAKEWOOD, COLORADO
JANUARY 1992
STRIP J
CORPORATE OFFICE:
P.O. Bo11 2789
Famikiglon, New M'1Jt/co 87.(99.27119
Phone: ~2.S.1712
Fu:: SOS:·32&6019
A strip of land situated in section 19, of Township 7 south,
Range 97 West, 6th Principal Meridian, Garfield County, Colorado,
the centerline of said strip of land being described as follows:
COMMENCING at the Northeast corner of said Section 19, Township 7
South, Range 97 West, 6th Principal Meridian, Garfield County,
Colorado, being a found standard brass monument stamped W.C. U.S.
GLO 1923.
THENCE:
THENCE:
s 02-08-08 w a distance of 2791.48 feet to a point
on a gas pipeline right-of-way to serve as
TransColorado Gas Transmission company's mainline,
being a point on the East line of southeast
Quarter of the Northeast Quarter a.f.. Said. Seetion·
1·9· anct the Kasterly line of Baker Ranch lands;
s 20-42-09 w a distance of 1254.74 feet;
To a point on the south line of the Northeast Quarter of the
southeast Quarter of Said section 19 and on the Southerly line of
Baker Ranch .lands N 76-18-58 Ba distance of 4725.57 feet from
the Southeast Corner of Section 24, Township 7 South, Range 98
West, 6th Principal Meridian,. Gal:f.ield-county, co-i·oradb, Oeing a
found· standard Crass monument stamped u.s. GLO 1923.
The total length of the gas pipeline right-of-way across Baker
Ranch lands as described above is 1254.74 feet or 76.04 rods or
0.24 miles more or less.
The above_ desc:dbeci. strip· O"fc land· sliall
to commence on the Easterly line and to
southerly line of Baker Ranch lands.
HaiRY P. BROADHURST, JR.
Rrg{llertJ Land SLm.llJ.'QI'
Colc:H'cxlo IJctol!H No. J897f
be shortened or extended
terminate on the
ROCKY MOUNTAIN OFFICE:
2"87 l!Mbtrlol Blvd.
Grand Juni;llon, Colorado 8150$
300-242·0:201 ============ Piprlfri11 • Wd'Lo.:1J/lon1 • IJowndor)ISUIWJll • ToposrophJc:Sl.lfWYS ============
"l•
•·,_
.. · ...
... ,_
''
'-:: EXHIBIT .11 A"
Page ·10 'of 10
l lllill lllli 1111111111111111111111111111111111111110,I
530889 08/20/1998 04:10P 81084 PB83" ALSD
13 ol 13 R &S.00 D 0.00 GARFIELD COUNTY CO
; .... · ..
,.
· .. .. ;·
The above description was prepared under the supervisi~n of Henry
P. Broadhurst, Jr., Colorado Professional Land surveyor No. 18974
.from the results of an actual field survey and p.lat,. a& prepared·
for Transcolorado. Gas-Transmission company, Drawing No. Qt::::.fa:B'°'fl,
rrated January, 1992.
All bearings and distances reported herein are referred to the
Colorado State Plane coordinate system Colorado central zone
(North American 1983 Horizontal Datum} as determined by survey to
National Geodetic Survey Control stations. All GLD and BLM
record bearings used for calculated intersections, if any, were
rotated to Grid North reference.
TCOOlD
' .
. . , .. i .· . ....
.. .. . 1lf( I llllll lllll llllll 1111111111111111111111111111111111111
639670 10/30/2003 11•19R BIS33 PS00 ft RLSDORF
pRODUCERS88.PAIDUP 1 or 2 R 11.00 D 0.00 GARFIELD COUNTY co Rev. 5.60, No. 2-8~.
Spec. CO
OIL AND GAS LEASE
AOREEMENT.Madeandcntc:rcdintothc lst deyof October
Gaar I. Potter. Jr.. Personal Representative of the Estate of Patricia H. Potter. d~ed
, 200 3 , by end bctWt'len
whosea~sis
3520 S. Glencoe, Denver, CO 80237 , hercinaftcr called LcsS0J (wbc:thcrone or more) and
-=====Cc=o="'='~x~E=•~•~rsv~C=o~m~p~an~v~----whosil address is herc1llill1ercallcd Lessee:
1645 Court Place. Suite 212 Denver. CO 80202
WTINESSI:.11-f, That tha Lcssoc, for and in ~idmrt.ion of TEN AND MORR ($10.oo+) DOLLARS essh in hand paid, the reccipt of which is hereby
acknowlcdgai, and the co\'a'lllnls and agrocmcnts bcreina&r contained. has granted. ~ k:tiscd and let. and by thcso jX'C:ICUls doc:s 8JllII\., demise, lease and let
cxclush'l::ly unto lhe said Lessee, the land herci1111\\a-desr::ribcd, with the c11clusivc right for the PUfJ10$C of drilling, minill{t, exploring by geophysie11\ 11nd other methods,
and opcfUling for and producing lhcwfrom oil and all gas ofwhatsoe,·i::r nature or kind, s~iticully including coellx:d methane anJ 1111}' and all substances produced in
usocialion lhcn:wilh from coo.I-bearing formations, with rights of way and cuemcnls for roods,, lllying pipe liDCS, and era:tion ofstruc;tun:s thewon lo produee, Sil\'C llJld
take can: ofsoid producls, all that certain tract orlmd situated in the County of Garfield State of Colorado described u follows, ~wit
TOWNSHIP 7 SOUTH. RANGE 97 WEST. 6TH P.M.
Section 5: Resurvey Tract 38
Section 8: The West 20 acres of IUsurvey Trad 39 leu and except • 1.26 acre tract conveyed as Pan:d "B" to the
American Shale Refining Compainy in that certain deed orrec:ord in Book 142 at Page 66;
Resurvey Tracts 40, and 41
Sections 8 & 9: Resurvey Tract 42
together with any m.'Cf'Jionai)' righlK therein, and together with all strips or purocls of land, (not, however, to be oorutrucd to include parcels comprising 11 rcgulllr 40·11~
legal subdivision OI' lot of llppm)lirrlll.tcly com:sponding size) adjoining or contiguow lo the aho\'e described lend and ownod or cle.imcd by Lessor, nnd containing
498.73 acres, more or leu.
I. It is agreed that thi3 Ica.se sbaU R:IIl4in in l'oca:: for a lttm of Fi~ (S) ~ £rooi. this date and as kmg thm:aflcr as oil or gas ofwluitsocM:rnature or kind is
produocd from &11id leaKd pri:miJC!I or on acrcaec pooled thm:wilh. or drilling opc:nitioru an: oontinucd as bctcinaff« provided. If. at thc ~initioa. of the primary lCntl of
Ill.is lcaso. oil or g.o.s is not being produced oo the kucd pRD!iscs or on aaeage pooled lbcmi.ith but Lessee is then caaagcid in drilling or re-working opcnitiom lhcrcon,
Ihm this ICIUC 1hllll oonl.inua in f0R10 so loog u operatiom an: being COPtinuousJy proseculed on the tcaxd pranises or oo amzgc pookid therewith; and opcratiom: shall
be considcmi to be: cantiouously pn:isccukd if not more than ninety (90) days lhall elapse bctweai the ~ction or abandonmi::nl of one well and thC ~of
opaations for the drilling nf • subScquent wdL If aflCI" di5CO"o'8)' or oil or gu oo said IP!d oc on acrmgc pookd tbe:mvith, the ~ lhacof ,Jiould cease from any
cuusc after lho primary term. th~ lease ahall uol laminate if I~ QOCll.tnCOOCS IMlditiooal drilling or rc-woiling opcratiom wilhi.n ninety (90) days from dak: of CCSMtion
of production or lium date of oomplctioo. of dry bole. If oil or Sllll aha.II be di500Ytr0d and~ u • teSultOfaudi opcntions al Ill" after thc expiration of the primiuy
tam of this le:ase. this loa!IC 1hall oootinuo in foroa 10 Iqu oil orgu i• produced ftom lhC kascd prcmi!ICS or on acreage pooled tbcn:with.
In !he e\'ellt a wcU or wdb ill drilled and comp~ on lhe lands.arm the lmds pookrl thcmvith. l'or the purpose of dcYdaping ooalbc:d gu, Uu:; wm1
Mopm1lioosM '1iall mean, in addition to tbolSc matCcB co~ in the~ p&rap,Iapb. (I) ~tiom of said wd1s lo JaPOW war.er or· ot6er Rlbsl.anccs from the
oonlbcd, or to dispox ofsueb watcrorcdier substanoes, CMZ1. thoagh web opa'atiom (lo iiot ICllll!t m !he~ ofhydmcmbom: in paying qu&llllitics, or(2) shuttins·
in ot othawi5c discontinuing )XOductioa from laid wdl5 to .iiow for 1urlacc or undeqi;mund mining e~ die drilbite or wcllborc.
2. This ill e PAID-OP LEASE. In coasidralion ol the dowo cub paym0tl, Lessor agrcics thal Lcssc:e shall not be obligak.d, cxoepl as othawisc provided
hcfcin, to oommeo;:c or continua eny op:nlions during thc prianaty tcnn. Lcssoe may 1t tltrJ time or times during Ill" after the primary mm surrender this lease u to all or
any portioo of said land and 11S to any slnlta ot stratum by ddi....mng to Lessor or by filing for RlCOl"d a rclcuc or tclmscs, and be roli!Mld of ..U obligation tbcrclll\c:r
a.ccruins u to the:~ •lllTI:!ldcRd
3 In oonsidcntion of the ~ the $8id I...c:uoc covenants: and agia:s:
1• To deli..a-to the ci:cdit oflcnor, free of QOSt, in the pipe line to which Leiiscc may ixmncct wd1s oo said land, the equal ooc-eigbth (118) part of all oil
~and saw.id £rooi. the lmlcd p:cmisc:s.
2..i 'ro Pl'Y I.Amor oo. gm and~ 11.81 produced from aaid land (I) when sold by I...c:uoc, ~ipjrth (118) of the oct proceeds deriw.d liom 5ud\ selc
or (2) wbi:n UICd by I.c:ssoc olf said land or in the menu&cturc of 8ll.$01inc or tilhc.-produeta:. ffic markd wlue, 1.t thc mouth of Ibo well, nf ooc-
cighth(l/8) of such gu and~ gas, Lcseot's interest. in eilher cue, to bear onc--cighlh of lhc: cost of oomprusing. dchydwJing and otbcrwillc
lml_line; such p.s or casioghcad gas tD render it merlcoteblc oc usable .and one-eighth (I Al) of the Oott of giitbe:ri.ng and transporting 1udi gu &nd
ca.singhe8d gas from thc mouth ofthcwd.I to the point of sale or use.
3nl To Pl'Y Lessor for Sllll puduocd from any oil well .and usodoll'the prcmi3cs oc in lht: manufiu:tweofgt150lincot any otb::rproduct, a royalty ofono-cighlh
(1/8) ofthc~, 11 thc mouthoftbOwcll, payable monthly It the: prcwilingmarli;et rate,
.f. WhC(l:I gas &oni a well enpablc of producing gas is oot 801d or u..scd. Lc5scc may pay oc lmdc:r as royalty to the royalty owneR One Doll11t per year pc:J net
royslty ocn: retained hera.mdc:r, aueb plymcnl or tcodel: to be cnedc on or befOR: the amtlvcmuy dato oCtM lease llC11 ensuing afu::r the cxpiralioo of90 days from thc dale
such well ~ shut in and lhcmlfler oo or bd'ote the anniwtS&r)' date of this !cue during thc paiod :rucb. well is dnrt in. ff !UCh peymcal or taKb iii made, it will be
~I.hi.I is being produocd within thcmc.ning or this b&O.
S. frseid Lessor owns a lcsa inlt:rest in Ibo abaYc dc9cribed land than the entire and undivided foe simple estate tbcrcin, then the royalties (including any
shut-in gas royalty) hm:io provided for shall be paid the Leasor only in thcptipmtioo vJiich Lessor's~ bears to the whole and undividal rec.
6. Lenee sha11.haw thcrigbl: lo use, frceol oost, gas, oil and wattrp:oduood on Aid land forl..-'s opcntioo thereon.
7. 'W'hc:n rcque:itcd by Lessor, Lcslc:c shall bucy 1..i=oo's pip::liDa below plow depth.
8. No wdl shell be drilled nmla" than 200 fc:ct to lhc house or barn now on said premises without written CQl13al\ or Lcuor.
9. Les-= shell Pl'Y foc de.magi::::J caused by Lcsscc'• operatiom to~ crops on said land.
10. Lc&socWll hilw the right II any time to RmOYOafl machi~ ind li:xtuR::s p!aocd on :WdpanUcs. including the right lo dmw aod rcmo~casing.
11. The righls ofI.cnor and l...cpcc hcrcuriOc:r rmy be assigned m whole or part. No cbangtl inOWIEnbil> ofl.cMor's iDicrest (by llSSignmcnt or othetwise)
shall be binding oo LCssoo lllllil Lenee has been fumisbt.d wilh l!Olioo, ooqsisting of certified oopies or all n:mnlal instrumcols or doc.umtn1s and olhcr information
noocssaiy to cs1eblish 1. oomplcca cbein or nlCOld title form Lessor, .and tbca only with rc:spcct to p!lymcnts lhamft.ar rMdc. No otb::r kind of ootioc, whether actual or
ooostruci.i\e, shall be~ on Lcs:scc. No !XC'OQt or future division ofl..cuor's owncnbip u to difli:Jcol poctiom oc ~of said land ahall opcmtc to~ thc
obligatiom ot diminish the n,g!tts ofLc:iscc., and all l..cl1CC's opcntions may be oonducta:I. without regard to tltrJ such divnioo. If all or tltrJ part oftliis lcua is llS!gnod,
oo kuchold owner shilll be ilablo for any actorooiieion ors.ny other leasehold owner.
12. Lcssc:c. at ils optioo. is hcn:by given the rigb.I &nd powi::r II ~ tilDC and from time to time u 1 recurring riv.ht, eilhci' bef~ or afttr produelion, as to all or
llJl)' JllLl1 oftbc land described herein and as to In)' ooc or more ofthc formatioos b=undcr, to pool. or uniti7.C tho lencbold Cltate and the mincrel Clll.tc covcml by rlii.s
lessc: with olbi::r land, "2se or la.Kl in the: immcdi&l.c \icmity for the ~ of oil and gu, « scpntdy for thc ~ of either, ~ lo Lcucc's j~I it i•
ncoaS!IIY or advi:m.blc to do so, and iJ:n:s.pcctivc ofwbcthlx authority similar lo this eirisU ~-th to such olhcr land, llOllSC or lcucs. Likcwiac, unilll pn:yioosly
(armed to include focmatioos oot proWci:ns oil or gu, may be rcCormcd to C!llCludc such · fOfIDl.lioas,. Tho ~or reforming of In)'_ urut shall be
acoornplisbm by Lcuo:: c:xccuting and filine; of mud a dcclamion of •uch Wliti1lllion or rc£ommtioa. ch doclsratioo shall describe the UDiL Arrt unit lllllY include
land ~ which a wen has theretofore bcm ooroplc:ccd or upon which ~ons for drilling haw thcRtofore bom cammcoccd. Produetion, drilling « rcwodcing
opm1lloo.!I or a well •hut in l'or Wlnl of• mlda:t mywbere oo. 1 uni1 which fDcl.udcs .U or a part of Ibis ase ahall be tn::atc:d as if it wml productioo. drilling or~
opcnr.ticm or a well shut in for want ofa markd undcJ"tb.is kuc. In licuoflhe l'O)'llticsclscWbm ha'ein specified, includiAA shut-in gas ~!tics, Lessor 1b.u rca:ivc on
produetion fJom the: unit SO pooJod royalties only OD Ibo portion 0£ sudJ. ~ alloealcd to this k:s.w, such sllOClltion ihal.I be that pwportion of tho unit production
that tho total number or IUl'facc s.c:rc1 OCM:l'Cd by tb.is lcuo and included m tho mit bears 1o the tol.ll f11llllba-of surfeoc 1C1CS in such unit In addition to the f~ins.
l..c:ISOC1 :shall hava the right to unitize, poo~ or oombinc all or any part ofthcabow dcsmbcd lands u lo one or moJt: oftbc l'o:nnetioos lbcrcunderwilh othc:r lands m the
same gc:ocnil area by entering into • cooperative or unit plan of dawilopsnmt « operation·~ by tmy go'IU'll!DCDtl.l suthority and, from time ui tiJnc, v.ith like
approval, lo modify, change or lc:nniMtc ~web flan or agnx::mcnl and, in such~ Iba tcnns, coodit10ns and provisiom oflhii: lease s:ball be dc:cmai modified to
oOnfonn to lhc terms, oooditiom, and provisiom o such~ ooopcntiYC or Urtil pWi of~ or opcmtioo. aod, IJll[ticularfv, all drillins and devdopmc:nl
rcquircmcnls of lhis ~ c~ OI' ~icd. ahall be .atiifiod by oompliancc with the clrilling and development ~or llUCb pfan OI' a~t, and lhil bi9C
shall not terminate or expire dw:ing Ibo lifo of such plan or agrccmcnt. In the eYCOI thnt said abow described lmds or aey part lhctt.o~ shall berCafler be operated l!Dda-
any such ooopcntiw: or unit plan ofdewlopmcnt or~ v.tii:rdJy ~roxluction lhacdiom i.! a~ todifimU portiom olthe laodcou:nld by said plan, thco the
p-oductiml allocstc:d lo llU)' putlculnr Uset oflmd shill, for thc ~of ccmputing the royalties lo be~ bcRo.mdel; ID Leuor, be f'CSlldcd u ha Yins becil pOOuocd
from the pm1icular traet of fand to which it is alku!.tcd and not to any ocher trsct. of land; and !he royalty ~ lo ba made beteundcr to Lc:ssor 1hllU be based llpCfl
pcodudiOO. only as so alloclllcd. Leasor shall fixmally cxprms Leaor's OOllSCll1 to llU)' ooopcn.tiw.: or uml plan of ~tor op:nlion adopted by Lessee and
appro\oal by &ny govc:mmc::olal SaencY by cxo::uting the samc upon rap:st of Lessee.
13. Whal opcrllions or ~ am dc1ayc:d or iotaroptcd by lack of water. labor or material, or by ful:, 1tonn, flood, war rcbcllion, insum:etion, riot.
slriU, differc:oocs with workmc:n. or Wlure of auril:n to furnish tnmsport or fumiah facilities for lnlmportaOOn « lack of mrukct in the field for the minc'als produoed. or
u a result of any eeuso whatsOC!YCf bcyood thc caib'OI of Lcsxc. the time of such delay or intcnuption lhal.I DOt be countai against Lcsscc and this lease shall n::main in
force during such delay or iD1aruptioo and ninety (90) days thcft:aft.ct, anythiDg io !his lease to the oontruy notwilhsterding.
14. (.cs5ot hereby wammts and agJ01:1 to defend the litlo to the lands herein described, end agrees !hat the Ldsec shall have the right at any lime to rcdccm (ur 'l \
Lessor. bv pavment. anv ra.ortiu.1u:s. laxas or other liens on the above described lands, in the event of dcfiiult ofoavment bv Lcuor and be $Ubroltatcd to the rillhls of the J
Io Ii
c.A
----·--·-----------------------
,holder thereof, and the undersigned Lessors. for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the
premises described herein, insofar as said riAbt of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein.
15. Should any one or more of tile parties hereinabove named as Lessor fail to execute this lease, it shaJI nevertheless be binding upon all such parties who do
execute it as Lessor. The word "Lessor," as used in this lease, shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this
lease sbaH be binding on the heirs, successors and assigns of Lessor and Lessee.
IN WITNESS WHEREOF, this insbument is executed as of the date first above written.
/Gaar I. Potter'.PJr., Personal Representative of the Estate
of Patricia H. otter, deceased
SS#fL'(-C.f>-f"Z-7 'l
ri s1fl'T" ~ r . p. tJ. 1 (.-G.5s t t IL
STATE of Colorado ACKNOWLEOOEMENT·INDIVIDUAL
COUNTY of
BEFORE ME, the undersigned, a Notary Public, in and for said Colmtyand State, on this P day of bc...~~-ev
personally appeared Gaar I. Potter, Jr., Personal Representative of the Estate of Patricia H. Potter, deceased
, 200 3
, to me known to be the
idenlicaJ person _ , described in arid who executed the within and foo:going instrument of writing and aclcnowledged to me that LS_ he _ duly executed
same as his free and volwitary act and deed for the uses and purposes therein set forth and in the capacity stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above
My Commission EA Commlaalon Expires 04/13i2007
After recording retmn to: Contex Energy Company
1645 Court Place, Suite 212
Denver, CO 80202
I llllll lllll llllll lllll 11111111111111111111111111111111
639670 10/30/2003 1 01~1~:R~~~~~ ~~~~T~ ~~SDORF
2 of 2 R 11.00 D 0.
Notaiy Public:
Address· ,c;;:;s-n:;,:,,~i< OF CHEMliY CREEK
UNIVERSITY HILLS BRANCH
2740 S. COLORADO BLVD.
P.O. BOX 61038
DENVER, CO 80222
!-* I llllll lllll llllll 1111111111111111111111111111111111111
PROOUCERS8B·PA!Dl 641740 ll/26/2003 ll:l0A Bl~42 Pl19" ALSDORF
R"'il:<;J,Nu.2-8p1. 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
s.-co
OIL AND GAS LEASE
MR.EEMEITT,Madcandcntmx:lintothc 15th day of September , 200 _3 _ , by and between
Patricia P. Coyne, a married woman dealing in his sole and separate property
whose address is
539 Townhouse Lane, Richardson. TX 75081 , bereinalW called Lessor (whcthc:r ooe llf moo:) and
~~~~~Ci"'o~nt~"""--'E~n~er~sv~C~o~m~p~an~v~----whoscaddrcssW
hcnmaftCI' called Lenee:
1645 Court Place, Suite 212 Denver. CO 80202
WITNESSETH, ~t the ~. for and in ccmiibation oC TEN AND MORE ($10.oo+) OOU.ARS wh in band piid. the n:ccipt or. which ia benl-by
aeknowlcdacd. and the oow:nanlll and agn:cincnts hcmna&r contained, bu ~ dcmi9cd. lcaxd and ~ and ~.these ~ts doe!! gnm~ demise, lease and Id
exclusively tu1!0 the uid tc:iisoe, the ll\lld hcrcinllfter dcscnl>ed, with the exclusive nght for lhe purpose of drilling. mmmg, cxplonns by gcophys1ca.l and otmir ~·
and operaiins for and producing therefrom oil and all gas ofwhltsocvcr Mtw'C or kind, spccift1:11lly including OOllltbed methane and any and all Slltmancc!I produced m
association \hcn:oAilb from a:-.1-bearina fonnatiom, with rights of way and cucmm1J fot roa.ds, l&ying pipe:: lines, and m:ctioo of structures thereon to produoc. save and
lllkc em: of said products, all that certain uact of land siruatcd in tho County of Garfield State of Colorado described u foUOWJ, to-wit:
TOWNSHIP 7 SOUTI!. RANGE 97 WEST. 6TH P.M.
Sect. ~: Resurvey Tract 38
Sect. 8: The Wat 20 •era orRt:luney Tract 39 lea ind except a 1.26 acre tract conveyed as Par«l "B" to the
American SUie Rd"miag Compa•y in that certaia deed of recent iJa Book 142 at Pqe 6':i;
Resun-ey Tracts 40, and 41
Sect. 8 & 9: Resurvey Tract 42
... 61hof; and the uodmip,ncd Lesson, for themxl.Vt:S and their heiD, sua:t=SOD and nffigns, bcreby summdcr and rclCUX1 all right of dower and homestead in the
~4-ribcd herein, imolar as said rightol dower and homestead may il1 lln}' way affect Ilia J'JUIP05C' !'or which !his lease is made, 11• fCCitcd h«ein.
H. Should •Y one Qf more oftfic ~ h~bovc named u Lessor filil to c::xcicuto thia lmso. it 1h.!ill novcnhcbs be binding upon all such parties who do
...... -• 1-. 'Ills 'M:Cd "Lessor." lls uSed in thiS lease, shall mean any one or tnOIO or 1111 of the parties who execute !his lease u Lessor. All the provisions of this
.............. oalblblin, &uccessot~ and U3igm of Lessor and Lmee. .
Patricia P. Coyne
SS# 3;2 '1-I ¢-7'39'6
STATE of Texas ACKNOWLEOOEMENT-Il'IDIYIDUAL
coumvor ~D=cJ~l~a5~---
sEFoR£ ME, the undersigned, a Not11ry Public, in and for said County and State. on this .£.. day of ~C
pmooally appcaftd Patricia P. Coyne. a married woman dealing in her sole and separate property
,200 _3_
, to me Jcnowa to be the
idc:atk.al ~ _ , dc:Knb:d. in and whomccctllai thcwitbinaod begoina llntrtmca( ot....ntingademnowkdgcd to mo that ~ "" _ dulyexccukd
~ ns his frco and voluntaiy llllt and deed for the uses and purposes therein &et forth and in tho ea.po.city stated lbelcin.
IN WTJNESS WHEREOF, I have hemznto ,a my hand and 1flixod my notarial soal the doy and year last above writte:n.
Mr"""""""'....., 5l5[rn{ . ~ I f_.3=,,.....---
Contex Ell81llY Company
1645 Court Place, Suite 212
Denver, CO 80202
I llllll lllll llllll lllll llllll llll llllll Ill lllll llll llll
641740 11/2&/2003 11:10A 81!42 P128 n ALSDORF
2 of 2 R 11. 00 D 0. 00 GMFlELD COUNTY CD
ND1m1Pu~ ~
PIPELINE RIGHT OF WAY AGREEMENT
THIS AGREEMENT, made and entered into as of the JJ:rl.. day of
~\'fr.\ , 200.:1._, between Joan L. Savage, Savage Limited Partnership I, Daniel w. Stroock and Sue van de Bovenkamp ("GRANTOR")of P.O. Box 1926, Rifle, CO
81650 and OXY USA WTP, Inc., ("GRANTEE") of P.O. Box 27570, Houston, TX 77227-
7570.
RECITALS
WHEREAS, Grantor owns the surface of the following described property to be
crossed by the pipeline right of way granted herein, as more particularly described on
Exhibit A, attached hereto and by reference, incorporated herein:
Garfield Countv. Colorado
Township 7 South. Range 97 West of the 5th P.M.
Section 5: Tract 38
WHEREAS, Grantee desires to install an _Eight and one-half inch
L8.5_") natural gas gathering/transmission pipeline across the lands owned by
Grantor; and
WHEREAS, Grantee's use of Grantor's lands is not a use by right under any
applicable Oil and Gas Lease.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants herein and other
good and valuable consideration, the parties agree to the following:
l. GRANT:
A. GRANT: For and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration, the receipt of which is hereby acknowledged, Grantor
hereby grants unto Grantee, its successors and assigns, a non-exclusive easement,
right-of-way and right to lay, maintain, inspect, erect, operate, and remove the pipeline
described herein, and such drips, valves, fittings, meters, and other equipment and
appurtenances, but not including compressors, as may be necessary for the operation,
over, through, upon, under and across the lands of Grantor, subject to the
representations, agreements and obligations set forth herein.
B. LIABILITY FOR ADDITIONAL INJURIES: Grantee shall be liable, for any in-
jury to persons, property or livestock caused by or incident to the operations of Grantee,
C:\Documents and Settings\woolleyk\My Documents'v\gr Pipeline ROW OXY 040326.doc {p., 1
.:-I I
\o -
,_\J)
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Pipeline Right of Way Agreement; Granter:-----· Grantee:--'----
Lands affected: __________ _
Date; Page 2 of9
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2 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
its agents, employees, contractors or contractors on the property, or any extraordinary
damages due to spills of hazardous materials, explosions, or any other harmful activity
of Grantee.
C. LIMITATIONS: This agreement is for the operations identified in this
agreement only. This agreement does not grant Grantee any right to use of the
property for any other operations other than those herein specified.
D. GRANTOR RESERVATION: All uses not inconsistent with the rights of
Grantee, including the right to grant to third parties successive easements thereon or
across said lands, are hereby reserved to Granter.
E. WATER RIGHTS: This Agreement does not give Grantee any right to use
any water or water rights of Granter.
F. TERMINATION FOR NON-USE: This right of way easement shall terminate
and all rights revert to Granter if the pipeline has not been continuously used for a
period of 2 years, except when non-use is caused by acts or circumstances beyond the
control of Grantee.
II. CONSTRUCTION DETAILS:
A. PIPELINE DETAILS:
1. Pipeline to be buried to a minimum depth of 48" below finished grade.
2. Right of way width to be 15.0 feet on either side of the herein described
centerline, but with a temporary construction width of 25.0 on either side of centerline.
The temporary construction easement shall expire upon completion of initial
construction or 180 days from the date hereof, whichever is earlier.
3. No compressors shall be allowed without express written consent of
Granter.
4. The ROW and access roads, if any, shall be kept safe and in good
order, and shall at all times be kept free of weeds, litter, and debris.
5. The initial slope of any cut or fill, other than the trench shall be no
greater than 3: 1.
6. All above ground equipment shall be fenced, to BLM specifications.
7. All above ground permanent structures shall be painted with
appropriate colors to blend with the surrounding landscape unless otherwise required by
applicable regulation.
8. Grantee shall use existing access roads and rights of way as much as
reasonably practicable.
9. "Above ground" pipeline markers shall be installed at all fence, road,
and ditch crossings in addition to those required by any applicable state or federal
regulation.
2
Pipeline Right of Way Agreement; Grantor: ----~Grantee: ____ _
lands affected: ___________ _
D~te; Page 3 of 9
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651929 05/11/2004 11:26R 81586 P807 M RLSDORF
3 of 13 R 66.00 D 0.00 GRRFIELD COUNTY CO
B. ACCESS ROADS: No new roads are anticipated for these operations.
1. Existing roads shall be upgraded to standards as described in "Surface
Operating Standards for Oil and Gas Exploration and Development" 3rd Edition,
Prepared by BLM/FS Rocky Mountain Regional Coordinating Committee (RMRCC) or
of similar utility.
2. Pipeline right of way shall be as described on the Attachment, except
that if installed along an existing road, the pipeline shall be installed to one side of the
road right of way.
3. Roads shall, at all times, be properly graded, drained, and maintained
by Grantee.
4. Culverts, at ditch and drainage crossing, and barrow pits shall be
installed where roads cross ditches or drainages.
5. Permanent gates shall be installed at each point where Grantee's
access roads intersect perimeter and cross fences. Any fences cut shall be restored to
BLM fence sp~cifications. If Grantor or Grantee chooses to lock any gates on access
routes, keys will be provided to Grantee or Grantor by the party locking the gate.
6. Any roads used by Grantee, pursuant to this agreement, shall remain
passable at all times, if practicable, except during actual construction.
7. Grantor shall have the right to relocate access roads to accommodate
its uses of the property provided that such road relocation does not impose undue
burden to Grantee. Relocated access roads shall be of similar utility, and all costs
associated with such relocation, other than routine maintenance, shall be at Grantor's
expense.
8. All road rights of way herein conveyed shall be for the private use of
Grantee, its agents, employees, and contractors only, with no right of use by the public
or for access to operations on other lands. Grantor reserves the right to use all such
roads for any purpose that does not unreasonably interfere with Grantee's operations.
9. Grantee to use best available methods to limit dust from roads, pipeline
rights of way, and well sites, not including hard surfacing.
10. Site Specific Conditions:
C. PIPELINES. All pipelines shall be removed upon termination, unless
otherwise agreed by Grantor at the time of termination. After removal, pipeline rights of
way shall be restored to original grade and the site re-vegetated to match surrounding
area.
Ill. RECLAMATION:
3
Pipeline Right of Way Agreement; Granter: _____ , Grantee:-----
Lands affected: __________ _
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4 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
A. RECLAMATION: Grantee shall restore all disturbed areas to their original
grade and vegetation immediately following completion (weather permitting) of the
pipeline.
1. The ROW shall be returned to the original topography, to the extent
feasible, and vegetation planted and successfully established comparable to that
existing prior to construction. Cultivated fields shall be returned to pre-existing
vegetation, sagebrush, brush and pinon-juniper areas shall be planted in native grasses
and forbs, using BLM recommended seed mixes and horticultural practices, unless
otherwise direct by Grantor.
2. All non-traveled portions of roadways and pipelines shall be seeded
per BLM specifications.
3. If any subsequent disturbance of surface areas are undertaken at any
time, the same reclamation and re-vegetation obligations shall apply.
4. Grantee shall be responsible for maintenance and weed control for all
disturbed areas for the duration of this agreement. Any weed control or mediation
required by a governmental entity shall be the responsibility of Grantee.
5. Any rocks excavated by Grantee that are too large to be incorporated
into fill or reclamation shall be stockpiled at an on-site location designated by Grantor.
Any useable timber, fence posts, and firewood shall be cut and stockpiled at an on-site
location designated by Grantor. All slash shall be disposed of off-site, unless otherwise
agreed by Grantor.
6. No debris, slash, or other materials, shall be burned or buried on the
property without the express written consent of Grantor, which consent shall be ob-
tained on a case by case basis only.
B. FINAL RECLAMATION: Upon final termination of operations on any portion
of the Property, Grantee shall return roads (except permanent roads), rights of way, and
sites, the use of which is to be terminated, to their original grade and vegetation.
Unless Grantor requests removal, all materials including culverts and fencing (but in no
event any pipeline pipe or surface facility items) installed by Grantee shall remain on the
Property and shall thereafter be owned by Grantor.
1. All disturbed areas shall be re-vegetated with seed and plant mixtures,
as specified for re-vegetation after initial construction.
2. All reclamation and re-vegetation, as to planting periods and seeding
rates of grasses, shall, at a minimum, comply with all requirements and stipulations for
similar sites, as adopted or imposed by BLM.
IV. GENERAL PROVISIONS:
A. SURVEYS AND AS-BUil TS: Grantee agrees to provide Grantor with surveys
and plans of the pipeline prior to construction and "as built" surveys after construction.
The provision of a full and complete "as-built" survey is a material requirement of this
Agreement. Failure to provide an "as-'built" survey, within 90 days of completion of the
4
-------------------------------------
Pipeline Right of Way Agreement; Grantor: _____ ,,Grantee: ___ _
Lands affected: _________ _
Date; Page 5 of9
1111111111111111111111111111111111111111111111111111111
651929 05/11/2004 11:26A 81586 P809 M ALSDORF
5 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
pipeline shall constitute a material breach of this Agreement and be grounds for
termination of the grant, if not provided within 60 days of written notice to Grantee.
B. CONDUCT OF OPERATIONS: Grantee shall take all necessary steps
required by state and federal regulations to prevent its operations from (i) polluting the
waters of reservoirs, springs, ditches, streams or existing wells located on the Property,
(ii) damaging crops, timber, or pastures, and (iii) harming or injuring any wildlife or
livestock.
C. PROHIBITED ITEMS: No firearms, pets, alcohol, or illegal drugs shall be
allowed on the property at any time.
D. HAZARDOUS MATERIALS INCIDENTS: Copies of all forms, notices, plans,
tests or other documentation regarding any hazardous materials spills shall be provided
to Grantor at the same time as filing with the COGCC, local government representative,
or any other regulatory agency.
E. NOTICES: Notice by either party hereto shall be promptly given orally, and if
necessary or possible, confirmed in writing and mailed to:
GRANTOR:
With a copy to:
GRANTEE:
At the address specified above
John W. Savage, Esq.; Attorney for Grantors
P.O. Box 1926, Rifle, CO 81650-1926
(970-625-1470, fax: 625-0803876-2757)
Savagejw@rof.net
OXY USA WTP LP
P.O. Box 27570, Houston, TX 77227-7570
Ph:_713 350-4866-,-________ _
Fax: _7130350-4873 _________ _
Email:_kent_woolley@oxy.com. _________ _
Grantor shall be provided with a copy of any transfer of ownership of the pipeline
or right-of-way. A copy of any notice filed any governmental agency regarding public
health and safety or emergency matters shall be delivered to Grantor at the same time.
G. INDEMNIFICATION: Grantee hereby agrees to indemnify, defend and hold
Grantor and his heirs, successors and assigns harmless from and against any claims,
demands, injuries, losses, damages, or liability of any nature or kind to Grantor arising
out of Grantee or its agents, employees, contractors or subcontractors use of the
Property in connection with its or their activities, such indemnity and hold harmless to
include attorneys' fees and expenses.
H. COMPLIANCE: Grantee agrees to comply with any local, state or federal
laws governing Grantee's activities on the Property.
5
--· -----
Pipeline Rlght of Way Agreement; Granter: _____ __.Grantee: ____ _
Lands affected: ___________ _
Date; Page
6
of
9 I llllll lllll llllll llllll 1111111111111111111111111111111
651929 05/11/2004 11:26A 81586 P810 M ALSDORF
6 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
I. NOISE LEVELS: Noise levels shall be governed by Colorado State Law.
J. ENVIRONMENTAL COMPLIANCE: Grantee shall comply with any and all
environmental laws governing such operations and agrees to indemnify and hold
Grantor harmless from and against any claims of third parties alleging non-compliance
with any such laws pertaining solely to Grantee's activities. Within ninety (90) days of
permanent termination of use of the ROW, Grantee shall provide Grantor an environ-
mental survey report documenting that the ROW is in compliance with applicable local,
state and federal laws and regulations. Said report shall be prepared by Grantee or its
consultants. Any noncompliance issues resulting from Grantee's operations that is
identified in such report shall be brought into compliance within ninety (90) days of re-
ceipt of written demand by Grantors or within the time specified by any governmental
agency with jurisdiction over such compliance.
K. INSURANCE: Grantee shall keep its operations insured, or comply with
applicable self-insurance laws and regulations for automobile liability and workmen's
compensation insurance.
L. TERMINATION: Upon termination of the rights hereby granted, Grantee shall
execute and deliver to Grantor, within thirty days of written demand therefore, an
acknowledgment that this agreement has been terminated. Should Grantee fail or
refuse to deliver said acknowledgment, a written notice by Granter reciting any such
failure or refusal and that this agreement is terminated, shall, 60 days from the date of
recording of said notice, be evidence against Grantee and all person claiming under
Grantee of the termination of this agreement.
M. ASSIGNMENT: This Agreement shall inure to the benefit of and be binding
on the parties hereto, their heirs, successors and assigns. Assignment by Grantee of
some or all of the rights hereunder shall not release Grantee from liability hereunder,
unless specifically released by Granter in writing.
N. WAIVER OF WARRANTY OF TITLE: This agreement is made subject to any
and all existing easements, rights of way, liens, agreements, burdens, encumbrances,
restrictions and defects in title affecting the lands subject to this agreement. Grantor
does not in any way warrant or guarantee its title to the subject lands. To the extent this
agreement is deemed to be a conveyance of a real property interest, it is to be
considered a grant by quit claim, without warranty.
0. SUBROGATION OF RIGHTS: Grantee shall have the right to discharge or
redeem for Grantor, in whole or in part, any mortgage, tax, or other lien on said land
which would jeopardize Grantee's rights under this agreement, and thereupon be
subrogated to such lien and rights incident thereto.
6
Pipeline Right of Way Agreement; Grantor: _____ ,,Grantee:-----
Lands affected: ___________ _
Date; Page 7 of 9
1111111111111111111111111111111111111111111111111111111
651929 05/11/2004 11:26A 81586 P811 M ALSDORF
7 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
P. SURVIVAL OF OBLIGATIONS: All obligations, indemnifications, duties and
liabilities undertaken by Grantee hereunder shall survive for a period of five (5) years
beyond the termination of this agreement.
Q. GRANTEE LIENS: Grantee shall, at its sole expense, keep the lands subject
to the easement granted herein free and clear of all liens and encumbrances resulting
from Grantee's and its agents' activities on the said lands and shall indemnify and hold
harmless Grantor from and against any and all liens, claims, demands, costs, and
expenses, including, without limitation, attorney's fees and court costs, in connection
with or arising out of any work done, labor performed, or materials furnished to the
pipeline.
R. JURISDICTION AND VENUE: The parties hereto expressly agree and
consent to the personal jurisdiction of the State of Colorado District Court wherein the
subject real property is located. This agreement shall be interpreted under the Laws of
the State of Colorado.
S. ARBITRATION: Should any unresolved dispute arise as to this agreement, it
shall, at the written request of either party, be arbitrated and determined according the
then applicable rules and regulations of the American Arbitration Association.
T. ATTORNEY FEES: The prevailing party in any litigation, or arbitration, if
applicable, regarding this agreement or the relationship created hereby shall be
awarded its costs, expenses, and attorney's fees.
Jo!fi4 L. Savage
Date: o 4 -~ .,_ -o </
STATE OF Colorado, COUNTY OF Garfield ) ss.
The foregoing instrument was acknowledged before this 2.?. ""-day of -:e."'( ?.~!~1c
1te&1 L • 20~ by Joan L. Savage. 1.."=···· ••• ••
Witness by hand and official seal. My comm#4xpires: h
SEAL: (Notary Public)
Savage Limited Partnership I
By: J.n.__7_~
$an L. Sav~neral partner
Date: 'i -:z ~ -t:J t/
STATE OF Colorado, COUNTY OF Garfield ) ss.
7
~~~::~~~~:WayAgrcemcnt;Granror. __ ,,' I llllll lllll llllll llllll 1111111111111111111111111111111
651929 05/11/2004 11:26A 81586 P812 M ALSDORF
8 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The foregoing instrument was acknowledged before this ;l. ~11 ./. day of
f}.f12.,1 L , 20.Qf. by Joan L. Savage as general partner of Savage
Partnership I.
Witness by hand and official seal.
My commission expires: /0/19/~ t:JO t
SEAL: #d1//4
Notary Public
Date:--------
Daniel W. Stroock
STATE OF _______ , COUNTY OF _____ _ ) SS.
The foregoing instrument was acknowledged before this ____ day of
______ , 20_, by Daniel W. Stroock.
Witness by hand and official seal.
My commission expires: _______ _
SEAL:
Notary Public
Date:--------
Sue Van de Bovenkamp
STATE OF , COUNTY OF ) ss.
The foregoing instrument was acknowledged before this day of
.....,.,-.,..-.,-----,----:-:-' 20_, by Sue Van de Bovenkamp. Witness by hand and
official seal. My commission expires: _______ _
SEAL:
Notary Public
Date: ____ _
Grantor: ---------
GRANTEE:
OXY USA WTP LP
By: zh~ Date: L.f/~'f /o"t
As attorney if fact for OXY USA Inc as general partner of dXY USA WTP LP
STATE OF "IE:;l<.fl<;. , COUNTY OF HAtR.15. ) ss.
8
----~---------------------
Pipeline Right of Way Agreement; Grantor: ____ __,Grantee:----
Lands affected:,,-----------
Date; Page 8 of9
11111111111111111111111111111 1111111111111111111111 1111
651929 05/11/2004 11:26A 81586 P813 M ALSOORF
9 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The foregoing instrument was acknowledged before this day of
----,----' 20_, by Joan L. Savage as general partner of Savage Limited
Partnership I.
Witness by hand and official seal.
My commission expires: ______ _
SEAL:
Notary Public
~~\J. fu,a<ht
Daniel W. Stroock
STATE OF ~Qs.s~11.se--t/5 , COUNTY OF \.\~JJ(~,,,_e;... ) SS.
The foregoing instrument was acknowledged before this ~b -t'-1 day of
Af>r,\ , 20.Qt, b.i;wiiel W. Stroock.
Witn
My c c;ss· .. expi&es: \\.'dll!ll~ 1 ;;i.00'5 : J /]'---,'"~-~-~
SEAL ·®·-~~ :. -;-( "4otary Pub!ic ~~ /'" ~ '; t\if.! , Comm011W811111 of Massachusetts Notary Public ~ MyCanrrioolane,....Mlr14,2008
Date:-------
Sue Van de Bovenkamp
STATE OF , COUNTY OF ) ss.
The foregoing instrument was acknowledged before this day of
______ , 20_, by Sue Van de Bovenkamp. Witness by hand and
official seal. My commission expires:
SEAL: ---~--~---------------
Notary Public
Date: ____ _
Granter: ________ _
GRANTEE:
OXY USA WTP LP
By: 7v/ lferlL-. Date: t.fh>'(c,'t
As attorney if fact for OXY USA Inc as general partner of OXY USA WTP LP
STATEOF /£XAS ,COUNTYOF HARRIS )ss.
8
Pipeline Right of Way Agreement; Granter: _____ , Grantee: ____ _
Lands affected: __________ _
Date; Page
8
of
9 11111111111111111111111111111111111111111111/lll Ill llll
651929 05/11/2004 11:26A 81586 P814 H ALSDORF
10 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The foregoing instrument was acknowledged before this day of
-----,.---,---• 20_, by Joan L. Savage as general partner of Savage Limited
Partnership I.
Witness by hand and official seal.
My commission expires:. _______ _
SEAL:
Notary Public
Date: --------Daniel W. Stroock
STATE OF _______ , COUNTY OF ______ _ ) SS.
The foregoing instrument was acknowledged before this ____ day of
______ , 20_, by Daniel W. Stroock.
Witness by hand and official seal.
My commission expires: _______ _
SEAL:
Grantor: ---------
GRANTEE:
OXY USA WTP LP
By: j/v/ lfcrll.-Date: '-1/vl'/oy
As attorney if fact for OXY USA Inc as general partner of OXY USA WTP LP
STATE OF t.EX6$ , COUNTY OF HARR l.S. ) ss.
8
Pipeline Right of Way Agreemen~ Grantor: -----~
Landsaffectcd:,,_-----------
Date; Page 9 of9 1111111 11111 1111111111111111111111111111111111111111111
651929 05/11/2004 11:26R B1586 P815 M RLSDORF
11 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
The foregoing instrument was acknowledged before this -~e_'l:h_. _day of
fi.p,..•l ,20£1.,by \hc..l.1 ~l\ub ,as
Attorney in Fact for OXY USA Inc. as General Partner of OXY USA WTP LP.
Witness by hand and official seal. My co is · ··'.'JO --leo S
SEAL: --
9
-----------------------------------------
,
I
!I
·-
(:OL"'!JI 'ft..<Jl..,•~j/ ::):µ::,
I llllll lllll llll/11111111111111111111111111111111111111 /'J';'1:1vJ
651929 05/11/2004 11:26A 81586 P816 M ALSDORF
12 of 13 R 66.00 D 0,00 GARFIELD COUNTY CO
--------· ···-··--··--·
. .,
/(~()0
--
·.' ~
' a: =) .....
II
r, II
! !1111! 1111! 1111111111!111!!! 111111111111! 1111111111111
651929 05/11/2004 11:26A 81586 P817 n ALSDORF
13 of 13 R 66.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT ''B"
CONSTRUCTION CONSIDERATIONS I REQUIREMENTS
I. Park on the construction easement not on the grass.
2. Reseed with pure live seed.
3. Pick up all trash whether you dropped it or not.
4. Maintain all equipment in the shop, not on the range.
5. Operations in mud conditions will cease if 6" deep ruts are created.
6. Park any and all unused equipment on the R/W.
7. Place construction materials on the easement.
8. It will be Grantor's responsibility to monitor noxious weeds and take corrective
action where needed.
9. Leave gates as they are found.
I q. Close, fence, or guard all open holes, lines, or ditches if livestock are present.
11. Stop when asked.
12. Use only landowner pre-approved private roads.
13. No guns, dogs, alcohol, or drugs.
ASSIGNMENT of RIGHT of WAY
KNOW ALL MEN BY THESE PRESENTS:
THAT, OXY USA WTP LP • hereinafter referred to as "ASSIGNOR." for and in consideration of
the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, does hereby sell, assign, transfer,
convey, set over and deliver unto TRANSCOLORADO GAS TRANSMISSION COMPANY, P. 0.
BOX 281304, Lakewood, Colorado 80228-8304, hereinafter referred to as "ASSIGNEE," its
successors and assigns, all of Assignor's right, title and interest in and to those certain rights-of-
way, easements, licenses, and permits, all as more particularly described in Exhibit "Pi' attached
hereto and by this reference made a part hereof.
This ASSIGNMENT is being entered into pursuant to that certain Facility Agreement, dated
January 19, 2004, between Assignor and Assignee (the "Facility Agreement"). The terms of the
Facility Agreement shall not be merged or extinguished by reason of the delivery of this
instrument, and shall survive the delivery hereof. To the extent that the terms of this instrument
and the terms of the Facility Agreement conflict, the terms of the Facility Agreement shall control.
It is understood and agreed that this assignment of right of way is granted without warranty of title
of any kind, either express or implied, and is subject to all existing easements, licenses, leases,
grants, exceptions and reservations whether of record or not, affecting said premises. The rights-
of-way, easements and privileges herein granted are personal to the Assignee, therefore, the subject
rights-of-way, easements and privileges are indivisible and may not be assigned or transferred, in
whole or in part, without the prior written consent of Assignor.
Assignor hereby agrees to defend, indemnify, and hold Assignee harmless from and against any
and all liability, negligence, claims, demands, liabilities, causes of action. or damages of any kind
relating to any harm, personal injury, wrongful death or property damage and all liability for
environmental contamination of the properties herein identified and any noncompliance with laws
and regulations relating to protection of the environment respecting those certain rights-of-way,
easements, licenses, and permits all as more particularly described in Exhibit "A".
The terms and provisions of this Assignment shall extend to and be binding upon the parties
hereto, and their respective successors and assigns.
1111111111111111111111111111111111111111111111111111111
663103 11/08/2004 01:50P 81637 P812 M ALSDORF
2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
IN,X'flTNE~S ~~REOF, Assignor has executed this Assignment as of and to be effective this
..f.!L day~ , 2004 ("Effective Date"). .
ASSIGNOR
OXY USA WTP LP
By: -~~~~?,/c~~~___,-.'as
Attorney in Fact for OXY USA Inc. as era I partner
ASSIGNEE
OMPANY
/(¢1"
Title: II! ctF
2
STATE OF~
COUNTYOF~
}
} §
}
1111111111111111111 111111111 111111111111111111111111111
663103 11/08/2004 01:50P 81637 P813 M ALSDORF
3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
On this~%''! , 2004, before me, a notary public, In and for said county and state, personally came the
above-name , 1111 U wt> , who Is personally known to me and known to me to be the Identical
person whose name Is affixed to the above Instrument as attorney in fact for OXY USA Inc. as general partner fort Oxy
USA WTP LP and acknowledged the Instrument to be his voluntary act and deed and voluntary act and deed of said
entily.
IN WITNESS WHEREOF I have hereto set my hand and affixed m nd year last above written.
My Commission Expires Notary Public
3·
EXHIBITC
Recording Requested. By and
When Recorded Mail To:
OXY USA WTP LP
P. 0. Box 27757
Houston, Texas 77227-7757
Attn.: Colorado Landman
State of Colorado
County of Garfield
Granters:
Granters' Address:
Grantee:
Grantee's Address:
1111 ~~ ~U:11H',l'f~,tll~~W. IP!l:Will~~IHI Ml~ 11111
Rcceptionn: 723469 1 · 05/17/2007 02·03·59 PM 8:1927 P:0411 Jean j::I b81"1CO
1 of 6 Rec ~ee:s31.00 Ooc Fee:0.00 GARFIELD COUNTY co
MEMORANDUM OF
SURFACE USE AGREEMENT
Savage Limited Partnership
Joan L. Savage
Daniel W. Stroock
Sue van de Bovenkamp
5953 County Road 320
Rifle, Colorado 81650
OXY USA WTP LP
P.O. Box 277257
Houston, Texas 77046-0506
Effective Date of Agreement:
if 1'187.:1.800
For adequate consideration, Granters, named above, have granted Grantee, named above
certain rights to use the surface of the below described land located in Garfield County, Colorado for
the drilling of oil and gas wells, the laying of pipelines, the building of roads, tanks and other structures
associated with Grantee's oil and gas operations in accordance with the terms and conditions of the
Surface Use Agreement.
The following lands located in Garfield County, Colorado are subject to the Surface Use
Agreement:
Township 7 South Ranae 97 West 6'" PM
Page 24 of 27
513012006
Tract 38
West 20 acres of Tract 39, Except 1.26
acres (as described in Deed at Book 144 at
Page 66)
Tract 40
Tract 41
Tract42
Tract48
-~------···--------
Acres
159.99
18.74
160.00
40.00
120.00
160.00
l
1111 ~ Jll1illtPf~Dilltlllil,IT.\'ijfiJ~~~ Ml~ 11111
Reception#: 723469
05/17/2007 02:03:59 PM B:1927 P:0412 Jean Alberico
2 of 6 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO
Tract49 160.00
Beina oarts of Sections 5, 8, 9, 17 and 18 818.73
Garfield Countv, Colorado
The Surface Use Agreement, with all of its terms and prov1s1ons, is referred to and
incorporated into this Memorandum for all purposes. This Memorandum is placed of record for the
purpose of giving notice of the Surface Use Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth by
their signature, but it shall be effective as of the Effective Date.
SURFACE OWNERS:
SAVAGE LIMITED PARTNERSHIP 1, a Colorado Limited Partnership
JOAN L. SAVAGE §:;,,
DANIEL W. STROOCK
SUE VAN DE BOVENKAMP
OPERATOR:
By: ______________ _
ATTORNEY-IN-FACT
OXY USA WTP LP
Page25of27
5/24/2006
Date:--------
Date:--------
Date: _">"_,_/_'")~· l ....... /~c~. (2~
Date:--------
Date:--------
; . 1111 Ml'~ ~IJMM:,IV~~lll~,llrir+l~lrM!:~MI~ 11111
Receptionn: 723469
05/17/2007 02:03:59 PM 8:1927 P:0413 Jean Alberico
3 of 6 Rec Fe~:S3!:~~. 1?oc Fee:0.00 ~i:IRFIELD COUNTY CO
(.
·Tract 49 160.00
818.73
The Surface Use Agreement, with all of its terms and prov1s1ons, is referred to and
incorporated into this Memorandum for all purposes. This Memorandum is placed of record for the
purpose of giving notice of the Surface Use Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth by
their signature, but it shall be effective as of the Effective Date.
SURFACE OWNERS:
OPERATOR:
By: Vtzt; f-P/ J tt. b
ATIORNEY-IN-FACT
OXY USA WTP LP
Page 25 of27
5130/2006
Date: _..,.t'--_.3:....11_--=tJ_v ___ _
Date: ~.r~-_._)b=-----"_.;. __ _
Date:--------
Date:
--------·-· ------------~-----
1111 w.i ~lt.11¥: IWJ fiirt,~~ llPJ:lll~l~~,M\~ 11111
Reeeptiontt; 723469 .
05117/2007 02:03:59 PM 9:1927 P:0414 J•an Rlber1co
4 cf 6 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO
ACKNOWLEDGMENTS
STATE OF COLORADO
COUNTY OF GARFIELD
)
) §
)
(.
The foregoing instrument was acknowledged before me this O\:n day of f1 ~ . 2006, by __
(J. as General Partner of Savage Limited
hand and official seal.
My commission expires: .Ayed· I 1 1 Zoo"'/
STATE OF COLORADO
COUNTY OF GARFIELD
My commission expires: ~ I I J "Zwl
)
) §
)
STATE OF MASSACHUSETTS )
) §
COUNTY OF )
On this day of 2006, before me, the undersigned notary public, personally appeared
Daniel W. Stroock, proved to me through satisfactory evidence of identification, which were , to
be the person whose name is signed on the preceding or attached document and acknowledged to me that he
signed it voluntarily for its stated purpose.
Witness my hand and official seal.
My commission expires:------
Page 26 of 27
513012006
Notary Public
1111 Ml'.i Pll1lt~.!'ll'~rt~.~~.lr'll:f11fliiA:IW,M1t 11111
Reception#: 723469
05/1712007 02:03:59 PM 0:1927 P:0415 Jean Alberico
5 of 6 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO
ACKNOWLEDGMENTS
STATE OF COLORADO
COUNTY OF GARFIELD
)
) §
)
,.
The foregoing Instrument was acknowledged before me this __ day of----~ 2006, by __
---------~---,,..---,------as General Partner of Savage Limited
Partnership 1. Witness my hand and official seal.
My commission expires: ------
STATE OF COLORADO
COUNTY OF GARFIELD
Notary Public
)
) §
)
The foregoing instrument was acknowtedged before me this __ day of ____ ~
Savage. Witness my hand and official seal.
My commission expires:------
STATE OF MASSAellUSEI IS C..01...CIU'tCD
COUNTY OF Rx>. '/(\pf
Notary Public
)
) §
)
2006, by Joan L.
On this Q\ "~ day of IY'IOJ....) 2006, before me, the undersigned notary public, personally appeared
Daniel W. Stroock, proved to me through satisfactory evidence of identification, which werelffi P,, .S?.OO~to
be the person whose name is signed on the preceding or attached document and acknowledged to me that he
signed it voluntarily for ils stated purpose.
Witness my hand and official seal.
My commission expires: \0-Z~l-2 rCf'! .
Page 26 of27
512412006
l
1111 Ill"~ ~lt.1l'i~IW6 ~~ IMi.l""~'l~~~.lftl~ 11111
Reception~: 723469 05/1712007 02:03:59 P~ 8:1927 P:0416 Jean Alberico
6 of 6 Rec Fee:$31.00 Doc Fea·0.00 GARFIELD COUNTY CO
STATE OF NEW YORK
couNTY oF I) !iW Yo~
)
) §
)
On this LGRJay of .;l1.uJll[ 2006, before me came Sue Van de Bovenkamp to me known to be the
individual described in and who executed the foregoing instrument, and acknowledged to me that she executed
the same.
Witness my hand and official seal.
My commission expires: ~IN "30 ) '2.o l 0
STATE OF TEXAS
COUNTY OF HARRIS
)
) §
)
Bonnie Jti. ... b -
Notary Publlc, State olNew Y..tl
No. OU0614'1U
QuaUfled In New York CeatJ
Commlulon t:xplra Mlf JI, Jilt
The foregoing instrument was acknowledged before me this '3o*aay of ('11..cy.4 2006, by __
__ __,\L/~..,·r4,lt...ii__,t-b.......,f'l""lL""l-l"'b"'-----------as Attorney in Fact on behalf of OXY USA
Wf P LP, a Delaware limited partnership.
Witness my hand and official seal.
My commission expir~S--\\.;:>s:>CT\
Page 27 of 27
5/30/2006
~~,,~~~ Notary P · ·
MARY J. LAllOREAUX
MY COMMISSION EXPIRES °""""' 18, I007
EXHIBIT~
TO ASSIGNMENT DATE I , 2004
BETWEEN
OXY USA WTP LP, and Occidental 011 and Gas CorporaUon AS ASSIGNOR
AND
TRANSCOLORADO GAS TRANSMISSION COMPANY, AS ASSIGNEE
A pipeline Right of Way across Tract No. 38 Section 5 Township 7 South Range 97 Wests" PM as granted In that certain
Pipeline Right of Way Agreement from Joan L. Savage Limited Partnership I, Danie! W. Stroock and Sue van de
Bovenkamp recorded May 11, 2004 in book 1586 at page 805, Clerk and Recorder, Garfield County, Colorado
I llllll lllll lllllll Ill llllll Ill llllllll Ill lllll llll llll
663103 11/08/2004 01;50P B1637 P814 M ALSDORF
4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
4
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~~0~~~~~~s~~~U.il,~W1"~ l\olitliio"-~'~ 11111
10/06/2008 02:45:29 PM Jean Alberico
1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO
PRODUCERS 88-PAID UP
Rev. No. I (CBG)
OIL AND GAS LEASE
This Oil and Gas Lease ("Lease") is made this 4th day of September, 2008, by and between Daniel W. Stroock, whose address is 55
Frost Street, Cambridge, MA ("Lessor") and Orion Energy Partners L.P., whose address is 1675 Broadway, Suite 2000, Denver, CO
80202 ("Lessee").
WITNESSETH, For and in consideration of TEN DOLLARS, the covenants and agreements contained herein, and other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, Lessor does hereby grant, demise, lease and let
exclusively unto said Lessee, with the exclusive rights for the purposes of, exploring by geophysical and other methods and operating
for and producing therefrom oil and all gas of whatsoever nature or kind (including coalbed gas), and laying pipelines, , building
tanks, , power stations, roadways and structures thereon to produce, save and take care of said products, and the exclusive surface or
subsurface rights and privileges related in any manner to any and all such operations, all that certain tract or tracts of land situated in
Garfield County, State of Colorado described as follows, to wit:
Township 7 South. Range 97 West 6" P.M.
Resur'ley Tmet 39: 'FJie east 29.3~ aeres (feJmeri, deser-i}3ied es tfte east 2Q &efes ef the ;pfB/4~~1//4 ef SeelieB 8)
Resurvey Tract 48
Resurvey Tract 49
Containing 340.36 acres, more or less (the "Premises").
!. It is agreed that this Lease shall remain in full force for a term of five (5) years from this date ("Primary Term") and as long
thereafter as oil or gas of whatsoever nature or kind is produced in paying quantities from the Premises or on acreage pooled or
unitized therewith, or operations are continued as hereinafter provided. If, at the expiration of the Primary Tenn, oil Or gas is not
being produced from the Premises or on acreage pooled or unitized therewith but Lessee is then engaged in drilling or reworking
operations thereon, then this Lease shall continue in force so long as such operations arc being continuously prosecuted.
Operations shall be considered to be continuously prosecuted if not more than one hundred eighty (180) days shall elapse between
the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If, after
discovery of oil or gas on the Premises or on acreage pooled or unitized therewith, the production thereof should cease from any
cause after the primary term, this Lease shall not terminate if Lessee commences additional drilling or reworking operations
within one hundred eighty (180) days from date of cessation of production or from date of completion of a dry hole. If oil or gas
shall be discovered and produced as a result of such operations at or after the expiration of the Primary Term, this Lease shall
continue in force so long as oil or gas is produced in paying quantities from the Premises or on acreage pooled or unitized
therewith. If this lease has not sooner terminated, then effective as of one (1) year after expiration of the primary term, this lease
shall terminate as to all leased lands except those lands that are included in a 40.00 acre tract, more or less, on which is Jepted a
well producing or capable of producing oil and or gas in paying quantities. For purposes of this Lease, Resurvey Tract 39 shall be
considered to be a 40 acre tract, Resurvey Tract 48 shall be considered to contain four 40.00 acre tracts and Resurvey Tract 49
shal1 be considered to contain four 40.00 acre tracts. This lease shaJI not tenninate so long as dril1ing or reworking operations are
being continuously prosecuted if not more than 180 days shall elapse between the completion ofabandonment ofone well and the
beginning of operations for the drilling of another well.
2. This is a PAID-UP LEASE. In consideration of the payment made herewith, as specified by separate agreemen~ Lessor agrees
that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the
primary term. Lessee may at any time or times during or after the Primary Term surrender this Lease as to all or any portion of
the Premises and as to any strata or stratum, by delivering to Lessor or by filing for record a release or releases, and be relieved of
all obligations thereafter accruing as to the acreage surrendered.
3. Lessee covenants and agrees to pay royalty to Lessor as follows:
(a)On oil, to deliver to the credit of Lessor, free of cost on the lease if sold on the Premises or free of cost into the pipeline to
which Lessee may connect wells at first point of sale, the equal twenty five per-cent (25%) part of the gross proceeds of all
oil produced from the Premises.
Please return to:
Orion Energy Partners LP.
1675 Broadway, Suite 2000
Denver, Colorado 80202
PRODUCERS SS.PAID UP
Rev.No.! (CBG)
~~lc~fE.~~f~i£'11r,Hl.l«W.~ILIW I~~·~ 11111
10/06/2006 02:45:29 PM Jea~ Alberico
2 of 3 Rec Fe8:$16.00 Ooo Fee:0.00 GARFIELD COUNTY CO
(b)On gas of whatsoever nature or kind, liquid hydrocarbons an<1 tneir respecuvc \;Onstituent elements, casinghead gas or
other gaseous substances, produced from the Premises ("Gas") Lessee shall pay, as royalty, twenty-five per-cent (25%) of
the gross proceeds realized by Lessee from first point of sale. "Sale" shall be defined, for the purposes of this Lease, as a
sale at a marketplace to an entity not affiliated with the Lessee in a transaction in which an obligations and requirements of
both parties to the sale are monetized in the price.
(c)On products produced from the Premises Lessee shall pay, as royalty, twenty-five percent (25%) of the gross proceeds
realized by Lessee from first point of sale.
(d)Lessee shall have the right to withhold Lessor's actual taxes. Lessor's tax shall be calculated by multiplying Lessor's
royalty percentage by the actual tax paid by Lessee. Lessee shall reconcile deductions made from remittances to Lessor with
the actual tax paid. Any difference between deductions and actual taxes paid by Lessee shal1 be refunded to Lessor.
(e) Lessor may take production in kind, at Lessor's e1ection, such election shaU be made by infonning Lessee in writing
thirty (30) days prior to a change in election, and such change shall be made for a minimum period of six (6) months. If
Lessor elects to take-in-kind Lessee shall deliver Lessor's share of production free of all cost compressed into the
Enterprise pipeline, or a transmission pipeline of equal utility and location. Lessor's share of production shall be
delivered into the Enterprise pipeline in the same condition and state as Lessee's share of production.
4. Where gas from a well capable of producing gas is not produced or used after the expiration of the Primary Tenn, Lessee shall
pay or tender as royalty to Lessor at the address set forth above One Do1lar (S 100.00) per year per net mineral acre, such payment
or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of ninety (90) days from the
date. such well is shut in or dewatering operations are commenced and thereafter on or before the anniversary date of this Lease
during the period such well is shut in. Shut in shall be limited to two (2) years. If well (s) are shut in for more than two (2) years
any drilling units not held by production in paying quantities sha11 be released.
5. If Lessor owns a lesser interest in the Premises than the entire and undivided fee simple estate therein. then the ro}'alties,
including any shut·in Gas royalty, herein provided for shall be paid Lessor only in the proportion which Lessor's interest bears to
the whole and undivided fee.
6. Lessee shall have the right to use, free of cost, gas, oil and water produced on the Premises for Lessee's operations thereon,
except water from the wells, streams, Jakes and ponds of Lessor. However, Lessee shall not make volumetric or cost deductions
from Lessor's royalty share for compression into the Enterprise pipeline system.
7. Refer to Surface Use Agreement
8. The rights of the Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest (by
assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of
all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor,
and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding
on Lessee. No present or future division of Lessor's ownership as to different ponions or parcels of the Premises shall operate to
enlarge the obligations or diminish the rights of Lessee, and all Lessees' operations may be conducted without regard to any such
division. lf all or any part of this Lease is assigned, no leasehold owner shall be liable for any act or omission of any other
leasehold owner. However, all provisions and requirements in this Lease shall become the obligation of the assignee. Lessee
shall give Lessor constructive notice of any assignment within 90 days.
9. Lessee, at its option, is hereby given the right and power to pool, unitize or combine the acreage covered by this lease or any
portion thereof with other land, lease or leases in the immediate vicinity thereof, when in lessee's judgment it is necessary or
advisable to do so in order to properly develop and operate said lease premises so as to promote the conservation of oil, gas or
other minerals in and under and that may be produced from said premises, artd a unit or units shall not exceed 80 acres each in the
event of an oil well, or 640 acres each in the event of a gas well, plus a tolerance often percent (10%) to confonn to government
surveyed sections. Lessee shall execute in writing and record in the records of the county in which the land herein leased is
situated an instrument identifying and describing the pooled acreage. The entire acreage so pooled into a tract or unit shall be
treated, for all purposes, except the payment of royalties on production, from the pooled unit, as if it were included in this lease.
If production is found on the pooled acreage, it shall be treated as if production is had from this lease, whether the welt or wells be
located on the premises covered by this lease or not. In lieu of the royalties elsewhere specified, lessor shall receive on
production from a unit so pooled only such portion of the royalty stipulated herein as the amount of his net royalty interest therein
on an acreage basis bears to the total mineral acreage so pooled in the particu1ar unit involved.
1111 WI. ~riMHH ,N! ,N!,l«l*lt,!'411 ,Ill! I~~,~ 11111
Reception~: 756852 PRODUCERS SS.PAID UP
Rev. No. I (CBG) 10/06/2006 02:45:29 PM Jean Alberioo
3 of 3 Rec Fee:S16.00 Doc Fee:0.00 GARFIELD COUNTY CO
10. AU express or implied covenants of this Lease shall be subject to all Federal and State Laws, Executive Orders, Rules or
Regulations, and this Lease shall not be tenninated, in whole or in part, nor Lessee held liable in damages, for failure to comply
therewith if compliance is prevented by, or if such failure is the result of, any such Law, Order, Rule or Regulation. Any delay or
interruption caused by stonn, flood, act of God or other event of force majeure shall not be counted against Lessee. If, due to the
above causes or any cause whatsoever beyond the control of Lessee, Lessee is prevented from conducting operations hereunder,
such time shall not be counted against Lessee, and this Lease shall be extended for a period of time equaJ to the time Lessee was
so prevented, anything in this Lease to the contrary notwithstanding.
11. Lessor agrees that the Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other
liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder
thereof. and the undersigned Lessors, for themselves and their heirs, successors and assigns. hereby surrender and release all right
of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the
purposes for which this lease is made, as recited herein.
12. The word "Lessor", as used in this Lease, shall mean any one or more or all of the parties who execute this Lease as Lessor. All
the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee.
13. This Agreement may be executed in counterparts, and each counterpart shall be deemed to be an original, but all of which shall be
deemed to be one agreement. This Agreement may be exeCuted by fax signatures and distributed to the other Parties. Orion will
disburse original signature pages to all parties at its earliest convenience.
14. Audit Rights: Lessee agrees that upon ten (10) business days written notice giving detail of the period and items to be audited,
Less~eP, or its.fief. agent(s), shall transmit to Lessmee's offices or other reasonable location stated in the notice all necessary
documents and records, to be specified by Lessor in said notice, to audit all payments due Lessor under this Lease. Lessor agrees that
all such information provided by Lessee is confidential in nature and will not be given to any third parties, except consultants,
engineers, attorneys, accountants, or other experts employed by Lessor, or as evidence in any court with jurisdiction, without written
consent. This provision shall be subject to !he statute of limilations set by the State of Colorado.
JN WITNESS WHEREOF, !his instrument is executed as of the date first above written.
By: Daniel W. Stroock
~·~ ¥ .)J day o!:. ""),,,,___, 2008 by Daniel W. Stroock. /"~c My Commission Expires:
PRODUCERS 88.PAID UP
ReY. No, I (CBG)
OIL AND GAS LEASE
TW. OU alld Gu Lc11e ( .. Lea.sci is made this 4th day of September. 2008, by and between JRMD, LLC and Savage Limited
Partnership I , 5953 County Roed 320, Rifle. CO 81650 ("Lessor" whether one or more) and Orion Energy Partncn L.P., whose
address is 1675 Broadway, Suite 2000, Denvcr. CO 80202 ("Lessee").
WR NESSETH. For and in comideration of TEN DOLLARS, tho covenants and agreements contained hc:rcin, and other good and
valuable consideration the receipt and sufficiency of which arc hereby acknowledged, Lessor does hereby gnmt, demise, lease and let
cxclusivi::ly unto said Lewie, with the exclusive rights for the PllrJXlSCS of, cixploring by geophysical and other methods and operating
fut and producmg thcl.llom oil and all gas of whalsoovor """"' oc !rind (including coalbed gas), and laymg pipelines. • buildmg
tanks. , power stations. roadways and stJuctum thereon to produce, save and take care of said products, and the exclusive surface or
subsurface rights and privilea;cs related in any manner to any and all such operations, all that certain tract or tracts of lard situated in
Garfield County, State of Colorado described a,, follows, to wit:
Tpwnsbjp 7 South Ranae 97 West 60. P M.
Resurvey Tract 39: The west 20.36 acres (formerly described as the west 20 acres of the NB'4NW/4 of Section 8)
Resurvey Tract 48
R.esun-ey Tract 49
Containing 340.36 acres, more or less (the "'Premises").
1. It is agreed that this Lease shall remain in full force for a term of five (5) years from this date ( .. Primary Tenn") lind as long
thereafter as oil « gu of whatsoever natum or kind is produced in payini quantities fiom the Pmniscs or on acreage pooled or
unitized lh«Rwith. or operations arc continued as hereinafter provided. If, at the expiration of the Primary Tenn, oil or~ is not
being produced ftom the Premises or on acreage pooled or unitized therewith but Lessee is 1hen enpacd in drilling or reworking
operations thereon. then this Lease shall continue in force so long as such operations aro being continuously pro!ICCUled.
Operations shall bCI considem! to be continuously prosecuted if not more than or11e hundred eighty ( t 80) days shall elapse between
the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If, after
disco'VCl)' of oil or gas on the Premises or on acrea,gc pooled or uniti7.Cd therewith, the production thereof should cease from any
cause after the primary term, this Lease shaJI not terminate if Lessee commences additional drilling or re-working operations
within one huMrcd eighty (180) days from date of cessation of production or from date of completion of a dry hole. If oil or gas
shall bCI discovered and produced as a result of such operations at or after the expiration of the Primary Term, this Lease shall
continue in foroe so long as oil or gas is produced in paying quantities from the Premises or on 8CfC8Ke pooled or unitized
thert:witb. J f this lease has not sooner terminated, thc:n cf&ctlvc as of one (1) year after expiration of the primary term, this lease
shall terminate as to all leased lands except those lands that are included in a 40.00 acre tract. more or less. on which is located a
well producing or capable of producing oil and or gas in paying quantities: For pwposcs of this Lease. Resurvey Tract 39 shall be
constdercd to be a 40 aac tract, Reswvey Tract 48 shall be considen:d to contain four 40.00 acre tracts and Re:nuvey Tract 49
shall be comidcrcd to contain four 40.00 acni tracts. This lease shall not terminate so long as drilling or reworking operations are
being continuously prosecuted if not more than 180 days shall elapse batwccn the completion of abandonment of one well and the
beginning of operations for the drilling of another well.
2. This is o PAID-UP LEASE. In consideration ofthc payment made bnwith. as specified by separate agreement, Lessor agrces
that Lessee shall not be obligated, except as otherwise provided herein. to commence Gt continue any operations during the
primary term. Lessee may ot any time or times durina or after the Primmy Term surrender this Lease as to all or any portion of
the Premises and as to any itrata or stratum, by delivering to Lessor or by filing for record a relca.se or ~leucs, and be relieved of
all obligatiom thereafter accruing as to tho acreage surrendered.
3. Lessee oovmants and agrees to pay royalty to l..e$ot as follows:
(a) On oil, to deliver to the credit of Lessor, free of cost on the lease if sold on the Premises or frc:c ofoost into the pipeline
to which Lessee may connect wells at first point of sale, the equal twenty five pcr--ccnt (25%) part of the gross proceeds of all
oil produced from the Premises.
(b) On gas of whatsoever noturti or kind, liquid hydrocarbons Md their respective constituent elements, ca,,inghead gas or
othet sascow substances, produced from the Premises ("Oas") Lesacc shall pay, as royalty, twenty-five per-cent (25%) of
tho gross proceeds rcaliu:d by Les3ee from fim lJOint of sale. "'Sale" shall be defined, for the purposes of this Lease. as a
sale at a marketplace to an entity not affiliated with the Lessee in a transaction in which all obligations and requirement. of
both parties to the sale are monetized in the price.
(c) On products produced ftvm lhc Premises Lessee shall pay. as royalty. twcnty·five percent (25%) of the gross proceeds
reali7.cd by Lessee from first point of sale_
(d) Lessee shall haw: the risJlt to withhold Lessor's actual taxes. Lessor's 1aX shall be calculated by multiplying Lessor's
royalty percentage by the actual tax paid by l.essCle. Lessee shall n::ooncilc deductions made from remittaDccs to Lessor with
the actual tax paid. Any difference bdwcen deductions and actual taxes paid by Lessee shall bCI rdUndcd to Lessor.
(e) Lessor may take production in-kind, at Lessor's election, such election shall be made by Lessor infonnins Lcssoe in
writins thirty (30) days prior to a change in election, and such chanse shall be made fur a minimum period of six (6) months.
If Lessor elects to take-in-kind Lessee shall deliver Lessor's shan: of production ~of all cost compressed into the
EnteJprisc pipeline, or o transmission pipeline of equal utility and location. Lessor's share of production shall bCI delivered
into the Enterprise pipeline in the same corxlition and state as Les.iee's share of production.
4. Where gas from a \.\di capable of producing gas is not produced or used after the expiration of the Primary Tenn,. Lrsscc shall
pay or tender as royalty 10 Lessor at the address set forth above One Dollar (SI00.00) per year per net mineral acre. such payment
or tender to be made on or before the anniversary date of this Lease next ensuing after the expiration of ninety (90) days from the
date such well is shut ln or dewatc:ring operations are commenced and thereafter on or before the anniversary dat.e of this~
dwing the period such well is shut in. Shut in shall be limited to two (2) years. If well (s) arc shut in for more than two (2) years
any drilling units not held by production in paying quantities shall bCI rcleasc.d.
•
-.
PRODUCERS 81J-PAID UP
Rev. No. 1 (C80)
5. If Lessor owns a lesser inteICSt in tho Premises than tho entire and W111ivided fee simple estate thtrcin,. then the royalties,
including any :shut-in Gas royalty, herein provided for shall be paid LeMOr onJy in the proportion which Lessor's interest bears to
the whole and undivided foe.
6. Lessee shall have the right to use, free of cost,. gas, Oil and water produced on the Premises fur Lessee's operations therron,
except water from the wells. streams, lakes and ponds of Lessor. However, Les.5t.e shall not make volumetric or cost deductions
from Lessor's royalty share for compression into the Enterprise: pipeline system.
7. Refer to Surface Use Agreement
8. The rights of the Lessor and Lessee hcretmdcr may be e&lgned in whole or part No chansc in ownership ofl.esoor's intcccst (by
assignment or otherwise) shall be bindina on Lcsscc until Lessee has been furnished with notice, consisting of certified copies of
a11 rttOrdcd instruments or documents and other information RCCCS38JY to establish a complete chain of record title from Lessor,
and then only with respect to payments lhcreaftcr made. No other kind of notice, whether actual or constructive. shall be binding
on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of the Premises shall opcratc: to
enlarge the obligations or diminish the rights of Lessee, and a!I Lessees' opcratiorui may be conducted without rqard to any such
division. If all or any part of this Lease is assigned, no leuehold owner shall be liable for any act or omission of any other
leasehold owner. However, all provisiom and requirements in this Lease shall become the obligation of the assignee. Lessee
shall give: Lcuor constructive notice of any assignment within 90 days.
9. Lessee, at its option, i!i hereby given the right and power to pool, unitize or combine the acreage co't'Cl'Cd by this lease or any
portion thereof with other land, lease or leases in the immcdiato vicinity thereat: when in lessee's judgment it is necessary or
advisable to do so in order to properly develop and operate said lease premises so as to promote the conservation of oil, gas or
other minerals in and W1dcr and that may be produced from said premises, and a unit or units shall not exceed SO acres each in the
event of an oil well, or 640 acres each in the event of a~ well, plus a tolerance often percent (10%) to conform to government
surveyed sections. Lessee shall execute in writing and record in the records of the county in which the lend hrnin leased is
situated an lnstrument identifying and describing the pooled acreage. The entire acreage so pooled into a tract or unit shall be
treated. for all pmposes, except the payment of royalties on production. from the pooled unit. as if it wen: included in this lease.
If production is found on the pooled acreage, it sha11 be treated as if production is had from this lease, whether the well or 'W'Clls be
located on the premises covered by this lcaso or not In lieu of the royalties elscwhcrc specified, lessor shall n:ceive on
production from a unit so pooled only such portion of the royalty stipulated herein M tho amowrt of his net royalty interest therein
on an acreage basis bears to tho total mineral acreage so pooled in the particular unit involved.
10. All express or implied coveR81lts of this Lease shall be subject to all Federal and State Laws. Bxccutive Orders, Rules or
Regulations, and this L¢aSC 5hlli not be tmninmcd, in ~le or in part, nor Lessee held liable in d~ for failure to comply
therewith if compliance is prevented by, or if such failure is the result o( any such I.aw, Order, Rule or Regulation Any delay or
intmuption caused by storm, flood, act of God or other event of force majeum shall not be counted again.it Lessee. I( due to the
above C8llSCS or any cause whatsoever beyond the control of Lessee, ~ is prevented from oonducting operations hereunder,
such time shall not be counted against Les:sco, and this Lc:asc shall be extended for a period of time equal to the time~ was
so prevented, anything in this Lcmc to the contrary notwithstanding.
11. Lc$or agrees that tho Lessee shall have the right at any time to redeem for l..e.wlr, by payment, any mortgages, taxes or other
licm on the above described lands,. in the event of default of payment by Lessor and be subrogatod to the rights of the holder
thereof: and the undersigned Lessors, fOr themselves and their; heirs,. successors and assigm, hereby swrcnder and release all right
of dov.er and homestead in the premises descnbed herein, inso&r as said right of dower and homestead may in any way affect the
purposes for which this lease is made, a.s recited be:rcln..
12. The word "Lessor'', as usod in this Lease. shall mean any one or more or all of the parties who execute this Lease as Lessor. All
the provisions of this lea.so shall be bindlng on the heirs, successors and assigns of Lessor and Lessee.
13. This Agreement may be ex.ecuted in counterparts.. and each counterpart shall be deemed to be en original, but all of which shall be
deemed to be one ag:rccmcnt This Agrccmcul may be executed by fax signatures end distributed to the other Parties. Orion will
disburse original signatwc pages to all patties sr: irs earliest convenience.
14. A11dlt Ric.lits: Lessee agrees that upon ten (10) buslncss days written notice giving detail of the period and items to be audited,
Lessoo.. or her agent(9). shall transmit to Lessor's offices or other reasonable location stated in the notice all necessary documents and
records, to be specified by Lessor in said notice, to audit all payments due Lessor under this Lease. Lessor ogrees that all such
infonnation provided by Les,,ee is confidential in natt:re and will oot be given to any third parties, except oonsultants, cnginoers,
attorneys, accountants, or other experts employed by Lessor, or as evidence in any court withjwisdiction, without written consent
This provision shall be subject to the rrtBtute of limitations set by the Statcc of Colorado.
IN WITNESS WHEREOF, this imtrument is executed as of the date first above written.
Sa-vqe Umltcd Psrtnenb.lp I
2
-
·----··--------
PRODUCERS 88·PAID UP'
Rov. No. I (CBO)
STATE OF Colooido
COUNTY OF Garfield
1\ll ll'f'l.Ki~lrll.HH,Nl,Nl,\ow.lflil(H~.l'IN 1'1U.~1 il 11111
Receptionlt: 7568~3
10/0612009 02:45:29 PM Je~n Alberico
3 of _3 Rec Fee:$16.00 Doc Fee:0.00 Gi:IRFlELO COUNTY CO
The foregoing irmrument was acknowledged before me th~ day of September, 2008 by Jo•a w. Sav111e •1 M•ugblg
P•rtner or JRMD, LLC. ...csSl~~~b..
MY COMMISSION EXPIRES
My Commission Expires: OB/1812011
ST ATE OF Colorado
COUNTY OF Garfield
The foregoing instrument wall acknowledged before me this~ day of September, 2008 by J01n L. Sav91e u Ge.ual P•rtaer
ofSavq;e Limited Partatnlllp L
MYCOINSSION EXPIRES
My Commission Expires: 08/18/2011
+
3
1111 Ml\ ril~~l,MILNl!,!YJ!! '~~'~ ~" IM~1 ~ 11111 Reception~: 757325
10/16/2008 01:07:06 PM Jean Alberico
1 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY co
RIGHT-OF-WAY AND EASEMENT
STATE OF COLORADO
Line# __
R/W# __
AFE# __
§
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GARFIELD
THAT the undersigned, "Savage Limited Partnership I, Joan L. Savage, General
Partner"(hereinafter referred to as "Grantor", whether one or more), for and in consideration of
the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration in hand paid to it
by Enterprise Gas Processing. LLC., a Delaware Limited Partnership, whose address is c/o Land
Department, 2727 North Loop West, Houston, Texas 77008-1044 (hereinafter referred to as
"Grantee"), the receipt of which is hereby acknowledged, does hereby grant unto the said
Grantee, its successors and assigns, a right-of-way and easement for the purpose of laying,
constructing, maintaining, operating, repairing, inspecting, testing, abandoning in place,
protecting, altering and/or removing one (!) pipeline including cathodic protection, above-
ground and below-ground appurtenances, and any and all other devices, equipment and structures
from time to time deemed by Grantee to be necessary or desirable in connection with the use and
convenient operation and maintenance of said pipeline for the transportation of oil, gas, water,
petroleum products, or any other liquids, gases or substances which can be transported through a
pipeline across the following-described lands in Garfield County, Colorado, to-wit:
Tract 40 and Tract 48, T.7S., R.97W., 6th P.M. See attached Exhibit "A'', and,
Tract 49, T.7S., R.97W., 6th P.M. See attached Exhibit "A"
Grantee's permanent right-of-way and easement shall be thirty feet (30') in width, being
fifteen feet (15') on each side of the easement centerline as described in EXHIBIT "A" attached
hereto and made a part hereof. Grantee shall also have a Temporary Easement for construction
purposes only, being a strip of land fifty feet (50') wide directly adjacent and parallel to one side of
the right of way and easement area described in EXHIBIT "A" and shown and depicted on EXHIBIT
"A". In addition to the Temporary Easement stated above the Grantee shall utilize for construction
purposes only, an additional twenty five feet (25') wide by one hundred fifty feet (150') in length of
Additional Temporary Workspace(s) at the crossings of all roads, railroads, streams, or uneven
terrain. Said Temporary Easement and Workspace(s) shall terminate upon the completion of
construction of said pipeline and restoration of the lands.
Together with the rights of ingress and egress to the above-described right-of-way and
easement herein granted across the adjacent property of Grantor.
TO HA VE AND TO HOLD said pipeline right-of-way and easement unto Grantee, its
successors and assigns, for the purposes stated above, subject to the following terms and
conditions:
I.
2.
That in the exercise of its rights hereunder, Grantee shall: (a) bury all pipelines to provide
a minimum cover of thirty-six inches (36"), (b) restore the ground surface as nearly as
practicable to the original condition which existed prior to the commencement of any
work by Grantee; ( c) provide suitable ditch cross-overs during construction as are
reasonably required by Grantor; (d) properly support each side of a contemplated fence
opening by suitable post and braces before a fence is cut, and, where required, to provide
a temporary gate; ( e) repair in a good and workmanlike manner any and all fences and
drainage and irrigation systems which are cut or damaged by Grantee; and (f) pay Grantor
for any damages caused by Grantee to Grantor's growing crops, grasses, trees, shrubbery,
fences, buildings or livestock as a result of the construction of Grantee's facilities.
That Grantor reserves the right to use and enjoy the surface of the right-of-way in any
manner that will not prevent or interfere with the use of the right-of-way by the Grantee
for any of the purposes herein above granted, it being understood that no building,
structure, improvement, or obstruction shall be placed within or upon the right-of-way,
and that there shall be no alteration of the ground surface or grade of the right-of-way,
without the express written consent of the Grantee, and, to the extent that written
permission has not been given, Grantee shall have the right to clear and keep cleared from
within the right-of-way all trees, brush, undergrowth, buildings, structures,
improvements, or other obstructions, after completion of pipeline installation. Grantee
shall not be liable for damages caused on the right-of-way by keeping the right-of-way
clear of such trees, brush, undergrowth, buildings, structure, improvements, and other
obstructions in the exercise ofits rights hereunder.
3. That Grantee shall have the right, at its option, to install gates in fences crossing said
pipeline right-of-way.
4. That this instrument may be executed in counterparts, but which together shall constitute
one and the same instrument.
5. It is understood and agreed that this grant· is not a conveyance of the lands described
herein or of any interest in the oil, gas and other minerals in, on or under said lands, but is
a grant solely of the right-of-way and easement granted herein.
6. All fixtures, equipment, and improvements placed on or fixed to the premises by Grantee
shall remain the property of Grantee and Grantee shall have the right to remove any or all
of its property from the Easement.
7. That during maintenance and repair operations of said pipeline or appurtenances, Grantee
may utilize such portions of Grantor's property, temporary work space, as may be
reasonably necessary. However, after the completion of such operations Grantee shall
have no further right to such temporary work space.
8. Grantee shall make application for and secure from any and all federal, state and local
governmental authorities having jurisdiction (and during the term of this Agreement shall
maintain in effect and comply with) all permits, licenses and other authorizations required
for this Agreement. Grantee shall pay for all such permits, licenses and other
authorizations and for all renewals.
---------------
iii
9. Grantee agrees to indemnify and hold harmless Grantor from and against any and all loss,
costs, damages and expenses incurred in connection with any claims, actions or
proceeAings arising from or related to Grantee's rights or obligations contained in the
Right-of-Way and Easement, except for the negligence and willful misconduct of the
Grantor and its successors and assigns.
10. It is agreed that this grant covers all the agreements between the parties and no
representations or statements, verbal or written, have been made modifying, adding to or
changing the terms of this agreement It is understood and agreed that this easement and
all rights, privileges and obligations created herein shall run with the land and shall inure
to the benefit of and be binding upon the legal representatives, heirs, executors,
administrators, successors, and assigns of the parties hereto.
~
EXECU1ED AND EFFECTIVE this / t day of
ORANTOR:
()JJIA(·~~ . 21 ~COMMISSION EXPIRES By: .h-.Z: ~ • "VL-
08/18/2011 ~ r Name: j"e,f + L • .Sil> 11"1 "'
~-L5~ y~ COmmlssion Expirel
07/02/2011
3
By: _________ ~
Printed Name:--------
GRANTEE:
-
1111 Mi\'1'1~1'11,H!~,~,111.ilUoU(,Wt~U ll'J~IM ~,~ 11111
Reception#: 757325
10/16/2008 01:07:06 PM Jean Alberico 4 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFlELD COUNTY CO
RIGHT-OF-WAY EXHIBIT "A"
WITH IN THE N 1/2 SW 1/4 8. NW 1/4 OF sec. 17 a. $ 1/2 SW 114 OF SEC. 8.
I7S -R97W , 6Tt! P.H.
GARFIELD COUNTY. COLORADO
SEC. 8 I INF TN!L f
171,9n.s so. T. OR 3.95 ACRES
MOR OR LESS
L1: N57"33'05"E, 277.2'
L2: N55"59'50"E. 55. 7'
L3: N3"''53'25"E, 61.5'
L4: N26'52'01"E, 1639.4'
LS: N26'39'26"E, 183.7'
"POINT OF TERMINUS" l6: N17"25'54"E, 97.3'
L7: N17"03'4S"E, 478.3'
LB: N14"05'11"E, 179.0'
L9: N53'41'22"W, 1148.4' 244,902.2 SQ, FT. OR 5.62 ACRES
t-IOR OR LESS TRACT 40 l10: N36"06'30"W, 189.0'
l11: Nl.3i6'.32"W, 69.0'
50' WIOE l12: N12'04'36"W, 180.2'
CONSTRUCTION L13: N00'02'2J·w, 109.5'
EASEMENT L14: N07"32'02"W, 69.8'
' TUA
·7
50' 'MOE
CONSlRUCTION
EASEMENT
•·-· ·-·
' -'
TRACT 111
EPCO OXY 10· P,A
· LLl · ,r F'D SE CORNER TRACT 48
+:··--···-·· L1 / 1923 BC AP6J TRACT +8
N
t ACcEssROAO
FROM CR 330
\_
--·-·--~-· --._; "POINT OF COMMENCING•
· 88i0'•7·w/
; 1,374.·f
"POINT Of BEQNN!NG"
FD SW CORNER TRACT 48
1923 BC AP63 TRACT 48
.. • F'OONO WC»IUM£NT
SEE ATTAOifD RIGlT C:E WAY DESCRIPOON
WHICH BY lltS REF!REMCE lS au.DE HER£OF.
SURVEYOR'S STAID!ENT;
I, GEORGE. Ot..BERT, A UCENSEO PROFESSIONAL LAND
SURVEYOR IN THE STAlE CE COLORADO, DO HEREBY
STATE lHAT A SURVEY OF A TRACT OF LAND AS SHOYIW
HEREON WAS MADE UNDER M't' DIRECT SUPER\151()11 IN THE
MONTH OF SEPTEMBER 2008 ANO THAT CE' SAID SURVEY lS
ACCURATELY SHO'l'IN HEREON.
P.LS. f27610
() 250 ft. !COO ll
'"""-1) BASIS or B£ARINQ: GPS 089VAllOH AU»1G
mt 5C111HERL Y UiE CF TRACT 4t1
AS DE11MED BY UONUMDITA110M SliO'lltt HEAEQ-1,
OCARS: MeG'10'47"W
2) OA'IE FUD ruw.EY: 9/24/03
)) TKS SlJRl£Y DOES MOT cormmJ1E A 111\.£ SEARCH
TO ~ ~ Oii &.SDIEHTS Of' RECCAO.
Ht) 11TIL CCIMYITMDIT WAS FURlllSHCO IH THE:
PR£PMA110N fl' '/KS SUFMY.
4) stt SHEET 2 or 2 FOR LEWrl D€SCR1Pnat
""""-ACCCfll»IG TO ca.ORADO LAW, YOU MUST
COIAIENCE AHY lEGAl ACTIOK BASED UPOtt Nl.Y
DEffCT tH THS SUR'oEY 'ftntN t)lft(! 'tEAR$
AF1'£R 'r'(lJ FIRST DISCO'o'tRFJ> SU()! OEf'ECT. IH NO
E\lHT llAY NN N;llON BA.Sm UPOH AHY DUECT
ti lHI$ !iURltr BE CCllW£NCED MoOAC lttAN TEH
~ f1tOlril TH£ OAT£ Of' '!MIS CERTl1CA110K
""" -===-l
1111 Ml'l.111~~1.MIU'"Lfi,l'a.ll,~r+!~IMNltlfll' ~·~ 11111
Reception~: 757325
10/16/2008 01:07:06 PM Jean Rlbarico
5 of 7 Rec Fee:$36.00 Doc Fee:0.00 GARFIELD COUNTY CO
PROPEIHY Of SAVAGf. LIMITED PARlHERSHIP I
CENTERLINE DESCRJ>TION FOR PROPOSED 30' \ldOE RIGHT-OF-WAY AND EASEMENT
A PARCEL OF LAND FOR A 30' .. DE RIGHT-Of-WAY AND EASEl.IENT ~lUATE IN THE
NORlH HALF OF THE SOUTHWEST QUARTER ANO THE NORTH\\EST QUARTER
Of SECTION 17, lRACT 48 ANO SOUTH HALF OF THE SOUTHWEST QUARTER Of
SECTION 8, TRACT 40, TOWNSHIP 7 SOUTH, RANGE 97 \\EST OF THE
SIXTH PRINCIPAL MERIDIAN IN GARFlELID COUNTY, COLORADO; SAID CENTERLINE
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID lRACT 48; THENCE
NORTH 6810'47" WEST ALONG THE SOUTHERLY LINE Of lRACT 48,
FOR A DISTANCE OF 1,374.4 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 57'33'05" EAST FOR A OISTANCE OF 277.2 FEET;
THENCE NORTH 55'59'50" EAST FOR A DISTANCE OF 55.7 FEET;
THENCE NORTH 34 '53'25" EAST FOR A DISTANCE Of 61.5 FEET;
THENCE NORTH 26'52'01" EAST FOR A DISTANCE Of 1,839.4 FEET;
THENCE NORTH 26'39'26" EAST FOR A DISTANCE OF 183.7 FEET;
THENCE NORTH 11'25'54" EAST FOR A DISTANCE OF 97.3 FEET;
THENCE NORTH 17'03'48" EAST FOR A DISTANCE OF 478.3 FEET;
THENCE NORTH 14'05'11" EAST FOR A DISTANCE OF 179.0 FEET:
THENCE NORTH 53'41'22" \\EST FOR A DISTANCE OF 1148.4 FEET;
THENCE NORTH 36'06'30" \\EST FOR A OISTANCE OF 189.0 FEET;
THENCE NORTH 3316'32" \\EST FOR A DISTANCE Of 69.0 FEET:
THENCE NORTH 12'04'36" \\EST FOR A DISTANCE Of 180.2 FEET;
THENCE NORTH OD'02'23" \\EST FOR A DISTANCE OF 109.5 FEET;
THENCE NORTH 01'32'02" WEST FOR A OIST ANCE OF 69.6 FEET;
THENCE NORTH 01'22'26" EAST FOR A OISTANCE OF 772.4 FEET;
TO THE PO<NT Of TERMINUS.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 171,977.5 SQUARE
FEET OR 3.95 ACRES MORE OR LESS
SUByEXOR'S S!AJEMfNT·
I, GEORGE ct.BERT, A LICENSED PROfESSIONAl. LANO
SURvEYOR IN THE STAlE or COlORADO, 00 HERESY
STATE THAT A SURITT c:K A TRACT Of LAND AS SHOV!?ll
HEREON WAS MADE UNDER MY DIRECT SUPER'V1SION IN THE
MONTH OF SEPTEMBER 2008 AND niAT OF SAID SURVEY IS
ACCURATELY SHO'Mll HEREON.
1111 M"i.111~~1.MH .lltll ,NI ,1-Ur.lflfiM~Jll.l~ln~ ~·~ 11111
Reception#: 757325
10116/2008 01:07:06 PM Je•n Alberico
6 of 7 Rec Fee:$36,0C Doc Fee:0.00 GARFIELD COUNTY CO
RIGHT-OF-WAY EXHIBIT "A"
WITH IN THEE 1/2 E 1/2 OF SEC. 19 & W J/2 W 112 OF SEC. 20.
T7S -R97W 6IH P.H.
GARFIELD CO\.JllTY. COLORADO
I N 4'00'5~"W
1521.f ., .
i
' I
t
I
I
I
' . .$ I/ "POINT OF TERMINUS"
pBopfRty Of
SAYAGf I !M!TfO
PARTNERSHIP !
sec. 19
PfRMANfNT BIGHT-Cf-WAX
79,703.9 SQ. FT. OR 1,83 ACRES
MOOE OR LESS
CQNSIBl!CJJON fA,SEMFNT
142,284.8 SQ. FT. OR .l.27 ACRES
MORE OR LESS
IfMPORAAY US£ AREAS
11,501.7 SO. FT. OR 0.26
ACRES MORE OR l.ESS
EPCO OXY 10" P /l SEC. 20
sW C<>RiiER·· rucr· 49·
CLO BC-1923-APJ
"POINT OF. COMMENCING"
TRACT 51 lRACT 52
SEE i\TTACHED R!GlT f$ W/+.Y OESCR!Pl!C.tl
'MICH BY lHIS REFERENCE IS MADE HERECf',
SlJRIJEYOR'S STAID!fNT:
I, GEORGE CUIERT, A UCOISEO PROFESSIONAL LANO
si.JR\'EYOR IN THE STATE OF COLORADO, 00 HEREBY
STAlE lHAT A SURVEY or A TRACT or LANO AS SHOi'IN
HEREON WAS MADE UNDER MY DIRECT si.JPERVISION IN lHE
MONlH or SEPTEMBER 2008 AND THAT OF SAID SURVEY IS
ACCURAT£LY SHOWN HEREON.
"""-
Ii~ 1T~
Colorado stole Plooi•
Ctnlrol z-. NAO&l
1) BASIS Cl stARINC:: CPS 08SERVATIOO ALONG
SOUTHERLY lH Of TRACT 411
AS OEf1NtO BY MONlAIOtTATIOH SH0194 1£R£0N.
B£AllSo SllT44'Je"E
2) 04TE FE.I> SllfMY: 1/24/03
3) ntS $1JR\o£V OOC$ NOT CCNSlltUl'E A tin.£ SEAAOi ro DETERUIHE OllfERStUP ca [A.S(WEHTS Of AECCRD.
NO mu: COIMTMENT WAS f\.IRHISHCD IN rue:
PREPARATION Of lHIS WllVEY.
4) 5EC SHEET 2 Of 2 FOR LEO#l. D£SCRIP'll<»t.
"""'-ACCDRCllHO TO CU!RAOO LAW. Y0J MUST
CWYDtlX Nl'I LEOAL ACnOfl 9A5al uPQN ANY
ml:CT IN THS ~ WfH9.I nlA:tt 'l'EAAS
N'1Ell 'l'CU FWIST lllsc:a.oEll SUCH DETECT. IN HO
('.(NT WAY Nl'f ACTION 8.t.SEII UPCH N4Y D~T
11 '!HIS SUR..a' SE ca.IMENCUJ IKJll:I'. THAil 1DI
~ fROlil T1£ Olt.n; Of" THIS ctRll'lClt.'tltlN
SHO'llN IEl£ON.
1111 fNi'l.N~~!.MILl"i.lLl"i.l!Hll':WMll.HlfN.~·~ 1111!
Reception~: 757325 .
10/16/2008 01·07·06 PM Jean RlberJca
7 of 7 Rec Fe8:$36.00 Dao Fae:0.00 G~RFIE~D COUNTY CO
PROPERTY OF SAVAGf. UMllED PARTNERSHIP I
CENTERLINE DESC!llPTION FOR PROPOSED 30' \\1DE RIGHT-OF-WAY AND EASEMENT
A PARCEL OF LAND FOR A 30' l'llDE RIGHT-OF-WAY Al'ID EASEMENT ~l\JATE IN lliE
EAST HALF or rnE EAST HALF or SECTIOO 19 Al'ID v.£ST HALF OF rnE v.£ST HALF
or SECTION 20, TRACT 49, TOv.tlSHIP 7 soorn, RAl'IGE 97 '!.£ST or rnE
~xrn PRINaPAL MERIDIAN IN GARAE!D COUNlY. COLORADO; SAD CENTERLINE
OONG MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT lliE SOUTHEAST COONER OF SAD TRACT 49; lliENCE
sourn 6r44'36" EAST ALONG rnE SOUlliERLY LINE OF TRACT 49,
FOR A DISTANCE OF 486.4 FEET TO rnE POINT or BEGINNING;
lliENCE NORrn 21"14'42' EAST F<R A DISTANCE or 4.4 FEET;
lliENCE NORlli 20'41'33" EAST FOR A DISTANCE OF 2,653.2 FEET;
To rnE POINT OF TERMINUS.
lliE A60'1: DESCRIBED PARCEL or LAND CONTAJNING 79,703.9 SQUARE
FEET OR 1.63 ACRES MORE OR l£SS
StJR\-EYOR'S STATEMENT·
I, CEORGE Cl.BERT, A LICENSED PROFESSIONAL LAND
SURVEYOR IN THE STAT£ Of COLORADO, DO HEREBY
STATE lHAT A SURVEY OF A lRACT Of LAND AS SHO~
HEREON WAS MAf>E UNDER MY DIRECT SUPERVISION IN THE
MONlH Of SEP'IEMB£R 2008 ANO THAT rF SAID SUR~Y IS
ACCURATELY SHO'llN HEREON.
d~mkF
GEORGE cx.MRT
P.LS. f27610
1111 rili~JM'J lf(',•M 1 ~~Lt)'t.1~llUL+ r~> IW.1 h~J1 iii 11111
Receptionh: 759318
1112612~08 12:37:37 PM Jean Alberico
1 of 5 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO
MEMORANDUM OF SERVICES AGREEMENT
THIS MEMORANDUM OF SERVICES AGREEMENT (this "Memorandum") is made
and entered into as ofNovember 19, 2008 (the "Effective Date''), by and between ENTERPRlSE
GAS PROCESSING, LLC, a Delaware limited liability company ("Gatherer"), with an address
of 1100 Louisiana, Houston, Texas 70002, and ORION ENERGY PARTNERS LP, a Delaware
limited partnership ("Shipper"), with an address of 1675 Broadway, Suite 2000, Denver,
Colorado 80202.
WHEREAS, Shipper and Gatherer entered into that certain Services Agreement dated
November 19, 2008 (the "Agreement''), pursuant to which Gatherer will provide to Shipper
gathering, treating, dehydration, compression and processing services for the Dedicated Gas (any
capitalized term used, but not defined, in this Memorandum shall have the meaning ascribed to
such term in the Agreement); and
WHEREAS, the Parties desire to file this Memorandum of record in the real property
records of Garfield County, Colorado, to give notice of the existence of the Agreement and
certain provisions contained therein;
NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Notice. Notice is hereby given of the existence of the Agreement and all of its terms,
covenants and conditions to the same extent as if the Agreement was fully set forth
herein. Certain provisions of the Agreement are summarized in Sections 2 through 5
below.
2. Term .. The term of the Agreement shall commence on November 19, 2008, and unless
terminated earlier in accordance with the terms and conditions of the Agreement, shall
continue in full force and effect through 9:00 AM., Central Clock Time, on January 1,
2028, and from year to year thereafter, unless and until terminated by either Party upon
not less than ninety (90) days prior written notice, such termination to be effective as of
the end of the Initial Term or at 9:00 A.M., Central Clock Time, on any January I"
thereafter.
3. Dedication. Subject to the terms and conditions oftbe Agreement, Shipper has dedicated
for gathering, treating, dehydration, compression and processing under the Agreement,
and has agreed to deliver, or cause to be delivered, to Gatherer, at the Receipt Points, (i)
all Gas produced and saved from wells now or hereafter located within the area more
particularly described on Exhibit A attached hereto (the "Dedicated Area") or on lands
pooled or unitized therewith, to the extent such Gas is attributable to the Interests now
owned or hereafter acquired by Shipper and/or its Affiliates and their respective
successors and assigns and not (a) subject to a Prior Dedication or (b) delivered or used in
lease operations as permitted pursuant to Section 6.4 of the Agreement, and (ii) with
respect to such wells in which Shipper and/or any of its Affiliates is the operator, Gas
produced from such wells which is attributable to the Interests in such wells owned by
other working interest owners and royalty owners which is not taken (a) "in-kind" by
HOU:00223S4/0010S:l363962vl
1111 w1~ .. 11!.'.~~~:·l'll~l»IU'.~~, • .w, \'r.rr ~1~~r,~~,1~ i'll.11111
Reccptiontt: 759318
11/26/2008 12:37:37 PM Jean Alberico
2 of 5 Rec Fee:S26.00 Dae Fee:0.00 GARFIELD COUNTY CO
such working interest owners and royalty owners, (b) subject to a Prior Dedication or ( c)
delivered or used in lease operations as permitted pursuant to Section 6.4 of the
Agreement, and for which Shipper and/or its Affiliates has the obligation to deliver such
Gas and only for the period that Shipper and/or its Affiliates has such obligation
(collectively, "Dedicated Gas").
4. Prior Dedications. The Dedicated Gas does not include any Gas currently dedicated for
gathering, treating, dehydration, compression or processing under the Prior Dedications;
provided that, upon the termination of such Prior Dedications, any Gas previously subject
to such Prior Dedications and described in clauses (i) and (ii) of Section 3 above, shall
become Dedicated Gas under the Agreement.
5. Covenant Running with the Land. So long as the Agreement is in effect, the Agreement
shall (i) be a covenant running with the Interests now owned or hereafter acquired by
Shipper and/or its Affiliates within the Dedicated Area and (ii) be binding on and
enforceable by Gatherer and its successors and assigns against Shipper, its Affiliates and
their respective successors and assigns.
6. No Amendment to Agreement. This Memorandum is executed and recorded solely for
the ptupose of giving notice and shall not amend nor modify the Agreement in any way.
[Signature Pages Follow]
2
HOU:0022384/00105:1363962vl
1111 IW.i~tZ..:)rifl\lt\~ ~~'. ~11.:1,~~C!i.~'~ V11'J.o~lr\li,1l, 11111
Reception#: 759318
11/26/2008 12:37:37 PM Jean Alberico
3 of 5 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, this Memorandum has been signed by or on behalf of each
of the Parties as of the day first above written.
ORION ENERGY PARTNERS LP
By:~
Name:Da!G:BfulChira-
Title: Chief Financial Officer
STATE OF --"C"'o"'lo::.:.ra'°'d,,_,o<--_____ §
§
COUNTY OF --=D.::ce:..:.nv"'e""r ______ §
The foregoing instrument was acknowledged before me by Daniel G. Blanchard , the
Chief Financial Officer of Orion Energy Partners LP, a Delaware limited partnership, on
behalf of said limited partnership, this 191h day of November , 2008.
U.df!i;,_ H'Q,i.
3
HOU:0022384/00105:1363962vl
II/I WJPJW,~l\"~1'11~, If~ r-"/.'.J ~:~~,·~:',II .)11 ~1,~,jiy~ 11111
Reception#: 759318
1112612008 12:37:37 PM Jean Alberico
4 of 5 Rec Feo:$26.00 Doc Fee:0.0D GARFIELD COUNTY CO
STATE OF t21Jw1.A-OC §
§
COUNTYOF~7>f?J""'"'"'llf;~l2-'--~~~~§
The foregoing instrument was acknowledged before me by (),1 l-~ rl<E the
St;JJ11',e, Vite~ r of Enterprise Gas Processing, LLC, a Delaware limited liability
company, on behalf of said limited liability company, this /~ day of~ 2008.
Mv Commission Expires
03/2812010
HOU:0022384/00105:1363962vl
4
1111 Hi~.i•WUl(~Mll IVl'i rlllihlfU(IJ~r u~.·1·~·!\1
Wi1I, 11111
Reception~: 759318
11/2612008 12:37:37 PM Jean Alberico
5 of 5 Rec Fee:S26.00 Doc Fee:O.QC:J GARFIELD COUNTY CO
EXHIBIT A
DEDICATED AREA
The following lands located in Garfield County, Colorado:
T. 7 S .. R. 97 W .. 6th PM.
Section 5: Resurvey Tract 38
Section 8: Resurvey Tract 39, Resurvey Tract 40,
Resurvey Tract 41
Sections 8 & 9: Resurvey Tract 42
Containing 518. 73 acres, more or less
T. 7 S., R. 97 W .. 6th P .M.
Resurvey Tracts 48 and 49 formerly described as:
Section 17: E2NW, N2SW
Section 18: SESE
Section 19: E2NE, NESE
Containing 320 acres, more or less
EXHIBIT A -Page l
HOU:0022384/00105: !363962v I
11 11111111111111111111111111111111111111111111111111111
574 813 01/10/2001 04 :35P 81226 P677 ~ ALSDORF
1 o f 10 R ~0 .00 D 223 .20 GARFIELD CO UNTY CO
Fi led for record the ___ day of _____ ,A.D. ___ , at ____ o'clock H. _________ ,....,,,._R £COROER
Reecpt I on No. --sy DEPU TY.
WARRANTY DEED
THIS DEED, Hade on this day of --=-Ja=n.:.::u"'ary_,_l:..:0'-'",-=2""-00""1"---------
betwun WAYNl:?RUDD
of tne County of EAGLE and State of Colo rado , of t he Gr antor (s), an d
SPEC IALTY RESTAURANTS CORPORATION AS TO AN 80 PERCENT INTEREST AND STOCKTON RESTAURANT CORPORATION \
AS TO A 20 PERCENT INTEREST C. V ~\( q ~' ;, ~_\C\\ c ~" .)\'. ~: ; c:h .... \\~ \\\\ i\ Y\ > <J" °' \ l):'\.:r·
who1>e legal address Is : 4 15.5 EAST LA PA I.MA AVENUE, SU ITE 250 , ANAHCIM, CA 72807
of the County of and State. of California
WITNESS, Thot the Gront or(s), fo r and in cons i deration of the s~ of (
•••Two Million Seven Hundred Fifty Four Thousand ftnd 001100 °•
, of the Grantee(s):
S2 ,754 ,000.00
DOLLAR S
the receipt and sufficiency of whi ch i s hereby ac knowledged, has granted, bargai ned, sold and conveyed , and by these
presents docs grant, bargain, sd l , con vey end con f i rm unto the Grantee( s), h h he I r g and assigns foreve r, all the
real property, together with i mprovements , if any, situate, lyi ng and be i ng in the County of
GARFIELD and State of Colorado, described as follows :
SEE EXHIBIT 'A' A TI AC HED HERETO AND MADE A PART HERF.OP
also known as stree t nl.lllber PIV E MILE RANCH
TOGETHER with all and singular and heredltaments and appurtenances the reto be l onging, or in anyw ise appertaining
and the reversion and reversions, remainder and remainders, rents, i ssues and profits thereof; and all the estate, r ight
tit l e Interest , c\oi m and demand whatsoever of the Grantor(s), either tn law or equity, of, in and to the above barga ined
prell'lises, with the hereditaments and appu r t enances;
TOHAVEANDTOHOLD t ho said premises above barga i ned and described 1o1lth appurtenances, unt o the Grantee(s),
hi s heirs and assigns f orever. The Grantor(s), f or himself, his heirs and personal representatives, does covenan t, grant,
~ bargain, and agree to and with the Grantee(s), his heirs and assi gns, that ot the time of the enseal i ng and delivery
of these presents, he is well seized of the premises above conveyed, has good , sure, pe r fect, abso l ute and indefeas i b l e
estote of i nheritanc e, in \aw, In feo simple, and has good right, full power and \awful authority to grant, ba r gain,
sell and convey the s ome in manne r ond form as aforesaid, and t~at the same a r e free and clear from a l \ former and other
grants, bargains, sal es, l iens, taxes, assessments, encurbrances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXP.S AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSBQUE,NT YEARS, AND SUBJECT TO EXCEPTIONS
ATTACHED HBRETO AND INCORPORATED HERBIN. AS EXHIBIT B, AND EXCEPT ANY AND ALL EASEMENTS AND
RJOHTS -OP-WAY VISIBLE AND APPARENT. WHETHER OR NOT OF RECORD .
The Cr a ntor(s) shall and wi ll ~ARRANT ANO FOREVER DEFEND the above bargained premises in the quiet and peaceable
possess ion of the Grantee(s), hi s heirs and assigns, against all and every person or persons lawful ly claimi ng the wh o le
or any part t hereof. The singular nunber snai l include the plurol, and the plural the s ingular, and the use of any gender
shall be appli cable t o a l t genders PROVIDED, HOWEVER, TH AT ALL THAT l?ORTION OF T HE ABOVE *
IN W ITNESS WHEREOF the Grar\tor(s) has executed this deed on the da te set for th above.
OF THE COLORADO RIVER (THE *DESCRIBED PROPERTY LYING SOUTHERLY OF TllE NORT H MEANOER-~INB
. "MEANDER LANDS") ARE NOT TO BE INCLUDED W . ~ ..J1ji
'.WITH IN THE FOREGO ING WARRANTIES, BITT -.:w:,.,;;:..AY~~~~l~u-<Do;,.,D~~""'----------------
• ARE HEREBY CO NVEYED WITH ONLY SPECIAL ::1.
;, WARRANTY AS SUCH TERM IS DEFINED IN '·
1 c .K.s . 38-30-11s.
STA TE OF Colo rado
)ss.
------County of GARFIELD l .
The f oregoing instrunent was acknowledged before me on this doy of --:J;.;;a;:.:nu.:;.ft:;;T..i..Y...:l.:.O._, .:;.20;..;0;.:1 _________ _
by WAYNERUOD
EscrQW# GU234 70S
Tit l ~# GU23~705
form No. 932 Rev 4·94, ~ARRANTY DEED (Pho togr3phic Record \.O ,OPEN)
·.····• , ..... t~-~
W.O TITLE GUARANTEE COMPANY
817 COLORADO AVE.
GLENWOOD SPRi NGS, CO 81601
~i
l'i· ',,
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2 of 10 R 50.00 D 223.20 GARFIELD COUNTY CO
EXHIBIT A
PARCEL Ai
A PARCEL OP LAND IN THE El/2 OF SECTION 32 AND THE Wl/2 AND THE NW1/4NE1/4 OP
SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
GARPIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH RIGHT OF WAY FOR INTERSTATE 70, PROJECT NO. i 70-1(45)
SEC. 8, AT ITS INTERSECTION WITH THE WEST LINE OF THE El/2 OF SAID SECTION 32,
SAID POINT BEING SOUTH 00 DEGREES 56' 18" EAST 8.69 PEET FROM THE C-S 1/16
CORNER OF SAID SECTION 32; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 13
COURSES:
1. NORTH 66 DEGREES 25' 51 11 EAST 270.16 FEET;
2. NORTH 68 DEGREES 22 1 46 11 EAST 625.11 FEET;
3. NORTH 52 DEGREES 51 1 05 11 EAST 530.71 FEET1
4. NORTH 37 DEGREES 08 1 21" EAST 625.69 FEET;
5. NORTH 39 DEGREES 09 1 06" EAST 511.86 FEET;
6. NORTH 40 DEGREES 40 1 59" EAST 587.87 FEET;
7. ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3669.72 FEET, A
CENTRAL ANGLE OF 13 DEGREES 32' 13", AN ARC LENGTH OP 867.03 PEET, THE CHORD OF
WHICH BEARS NORTH SO DEGREES 23 1 43 11 EAST 865.01 FEET;
8. NORTH 60 DEGREES 13' :24 11 EAST 587.77 FEET;
9. NORTH 61 DEGREES 44' 06 11 EAST 52.2.83 FEET;
10. NORTH 61 DEGREES 29 1 09" EAST 241.75 FEET;
11. NORTH 69 DEGREES 57 1 36" EAST 565. 71 PEET1
12. NORTH 84 DEGREES 25 1 37" EAST 745.31 FEET;
13. ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 458.37 FEET, A
CENTRAL ANGLE OP 37 DEGREES 43' 37", AN ARC LENGTH OF 301.82 PEET, THE CHORD OP
WHICH BEARS SOUTH 66 DEGREES 02 1 54 11 EAST 296.40 PEET TO THE NORTH RIGHT OF WAY
FOR HIGHWAY 6 & 24, PROJECT NO. P 001-1(3); THENCE ALONG SAID RIGHT OF WAY
SOUTH SS DEGREES 29' 00" WEST 6942.16 FEET TO THE WEST LINE OP THE EAST l/2 OF
SAID SECTION 32, THENCE ALONG SAID WEST LINE NORTH 00 DEGREES 56' 18" WEST
581.23 PEET TO THE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND IN THE El/2 OF SECTION 32, AND THE Wl/2 OF SECTION 33,
TOWNSHIP 7 SOUTH, RANGE 96 WEST OP THE SIXTH PRINCIPAL MERIDIAN, GARFIELD
COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE QUARTER CORNER FOR SAID SECTION 32 AND SECTION S, TOWNSHIP 8
SOUTH, RANGE 96 WEST; THENCE ALONG THE WEST LINE OP THE EAST 1/2 OP SAID
SECTION 32, NORTH 00 DEGREES 56' 18" WEST 493.82 FEET THE SOUTH RIGHT OF WAY
FOR HIGHWAY 6 & 24, PROJECT NO. P 001-1(3); THENCE ALONG SAID RIGHT OP WAY THE
POLLOWING 9 COURSES1
1. NORTH 55 DEGREES 29 I 00" EAST 964.38 PEET;
2. NORTH 69 DEGREES 31 1 10" EAST 103.08 FEET;
3. NORTH 55 DEGREES 29' 00" EAST 300.00 FEET;
4. NORTH 41 DEGREES 26' 50" EAST 103.08 FEET;
5. NORTH 55 DEGREES 29 1 00" EAST 2800.00 PEET1
6. NORTH 69 DEGREES 31 1 1011 EAST 103.08 FEET;
7. NORTH 55 DEGREES 29 1 00" EAST 300.00 FEET;
8. NORTH 41 DEGREES 26' 50" EAST 103.08 FEET;
9. NORTH 55 DEGREES 29' 00" EAST 1633. 70 FEET TO THE NORTHERLY RIGHT OF WAY FOR
THE DENVER AND RIO GRANDE, WESTERN RAILROAD; THENCE ALONG SAID RAILROAD RIGHT
OF WAY FOR THE FOLLOWING 4 COVRSES1
1. ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2964.94 PEET, A
CENTRA L ANGLE OF 10 DEGREES 11 1 07", AN ARC LENGTH OF 527 .07 PEET, TH~ CHORD OF
WHICH BEARS SOUTH 39 DEGREES ~3' 39" WEST 526.38 FEET;
2 . SOUTH 34 DEGREES 28' 00" W~ST 101.16 FEET;'
3. SOUTH 34 DEGREES 08' 00" WE ST 2901.97 FEET TO THE SOUTHERLY LINE OF A COtJNTY
ROAD RIGHT OF WAY DESCRIBED IN BOO~ 181 AT PAGE 185;
4. ALONG SAID ROAD RIGHT OP WAY, ALONG A CURVi TO THE RIGHT HAVING A RADIUS OF
2894 .~3 FEET, A CENTRAL ANGLE .OP 43 DEGREES 2~' 56 11 , AN ARC LENGTH OF 2191.~3
FEET, THE CHORD OF WHICH BEARS SOUTH 55 PEGREES 49 1 28" WEST 2139.94 ?EET TQ
THE SOUTH LINE OF THE El/2 OP SAID SECTION 32; THENCE ALONG SAID SOUTH LINE
SOUTH 88 DEGREES 55' 00 11 WEST 1470.31 FEET TO THE POINT OF BEGINNING.
CW23470S
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1111111111111111111111111111 \1 11 11111~, 111 11111 1111 1111
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EXHIBIT A
PARCEL C:
A PARCEL OF LAND IN PORTIONS OF SECTIONS 32, 33, AND 28, TOWNSHIP 7 SOUTH,
RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS POLLOWS;
BEGINNING AT THE CORNER FOR SAID SECTIONS 32 AND 33 AND SECTIONS 4 AND 5,
TOWNSHIP 8 SOUTH, RANGE 96 WEST; THENCE ALONG THE SOUTH LINE OF THE EAST 1/2
OP SAID SECTION 32, SOUTH 88 DEGREES 55 1 00" WEST 222.18 FEET TO THB SOUTHERLY
RIGHT OF WAY FOR THE DENVER AND RIO GRANDE, WESTERN RAILROAD; THENCE ALONG SAID
RIGHT OP WAY THE FOLLOWING 11 COURSES1
1. ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1532.68 FEET, A
CENTRAL ANGLE OF 27 DEGREES 31' 13", AN ARC LENGTH OF 736.18 FEET, THE CHORD OF
WHICH BEARS NORTH 49 DEGREES 35 1 07 11 EAST 729.12 FEET;
2. NORTH 34 DEGREES 58' 01" EAST 127.94 FEET;
3. NORTH 34 DEGREES 08' 00 11 EAST 3498, 67 FEET1
4. NORTH 34 DEGREES 28' 00" EAST 98.83 FEET;
5. ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2764.94 FEET, A
CENTRAL ANGLE OF 06 DEGREES 16 1 38", AN ARC LENGTH OF 302.92 FEET, THE CHORD OF
WHICH BEARS NORTH 37 DEGREES 56' 24" EAST 302.76 FEET TO THE WEST LINE OF LOT 2
IN SAID SECTION 33;
6. ALONG SAID WEST LINE NORTH 00 DEGREES 30 1 00 11 WEST 74.51 FEET;
7. ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2814.94 FEET, A
CENT~L ANGLE OP 12 DEGREES 36' 08", AN ARC LENGTH OF 619.14 FEET, THE CHORD OF
WHICH BEARS NORTH 48 DEGREES 30 1 51" EAST 617.90 FEET;
8. NORTH 55 DEGREES 09 1 00 11 EAST 99.42 FEET;
9. NORTH 55 DEGREES 29 ' 00 11 EAST 2164. 48 FEET TO THE NORTH LINE OF SAID SECTION
33;
10. ALONG SAID NORTH LINE NORTH 89 DEGREES 23 1 32 " EAST 89.63 FEET;
11. NORTH 55 DEGREES 29' 00 11 EAST 283 .11 PEET TO THE EAST LINE OF SAID SECTION
28; THENCE LEAV I NG SAID RAILROAD RIGHT OF WAY ALONG SAID EAST LINE SOUTH 01
DEGREES 57 1 23 11 EAST 157 .98 FEET TO THE CORNER FOR SECTIONS 27, 28, 33 AND 34;
THENCE ALONG THE EAST LINE OF SAID SECTION 33, SOUTH 00 DEGRE ES 01' 53" EAST
769.37 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 590 AT
PAGE 643; THENCE ALONG THE SAID PARCEL SOUTH 88 DEGREES 50' 06" WEST 786.00
FEET; THENCE CONTINUING ALONG THE SAID PARCEL SOUTH 00 DEGREES 01 1 53" EAST
300.00 FEET1 THENCE CONTINUING ALONG THE SAID PARCEL NORTH 88 DEGREES 50 1 06 11
EAST 786.00 FEET TO THE EAST LINE OF SAID SECTION 33; THENCE ALONG SAID EAST
LI NE SOUTH 00 DEGREES 01' 53" EAST 300.00 PEE T TO THE NORTH l/16 CORNER BETWEEN
SECTIONS 33 AND 34; THENCE ALONG THAT LINE DESCRIBED IN BOOK 67 AT PAGE 132,
SOUTH 17 DEGREES 44' 55" WEST 1065.70 FEET TO THE CENTERLINE OF THE COLORADO
RIVER AS AGREED TO IN BOOK 602 AT PAGE 964; THENCE ALONG SAID CENTERLINE THE
FOLLOWING 9 COURSES:
l. NORTH 69 DEGREES 04' 13" WEST 11 7 0 . 74 FEET;
2. SOUTH 85 DEGREES 15 ' 21" WEST 324. 97 FEET;
3. SOUTH 59 DEGREES 20' 30" WEST 316. 71 FEET;
4. SOl]TH 48 DEGREES 53 ' ()2 ti WEST 337.31 PEET;
5. SOUTH 20 DEGREES 46 1 48 11 WEST 328.61 FEET;
6. SOUTH 1 1 DEGREES 57' 01 11 WE;ST 859.10 FEET;
7. SOUTH 64 DEGREES 03 I 25" WEST l S12.?3 FEET;
8. SOUTH 12 DEGREES 05' 25" WE;ST 508.82 l'EET;
9. SOUTH 18 DEGREES 08' 35"
E 79.~5 FEET TO THE MEANDER LINE OF THE COLO~O RIVER1 THENCE ALONG ~HE
MEANDER LINE SOUTH 34 DEGREES 48' 19" WEST 960.63 FEET TO THE SOUTH LINE OF
SECTION 33; THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 01' 48" WEST 714.44
l'EET TO THE POINT OF BEGINNING .
PARCEL D:
THAT REAL PROPERTY SITUATE IN THE COUNTY OF GARFIELD, STATE OF COLORADO ,
SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COMMENCING AT THE SOUTHEAST CORNER OF THE NEl/4NE1/4; THENCE WESTERLY ALONG THE
SOUTH LINE OF SAID NEl/4NEl/4 786 FEET; THEN9E NORTH 00 DEGREES 01 ' 28 11 WEST
300 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAS T ER LY AND PARALLEL TO SAID
SOUTH LINE 786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 PEET; THENCE
WESTERLY AND PARALLEL TO SAID SOUTH LINE 786 FEET ; THENCE SOUTH 00 D~GREES 01 1
G\/?34 705
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EXHIBIT A
28" EAST TO THE TRUE POINT OF BEGINNING.
COUNTY OP GARFIELD
STATE OP COLORADO
PARCEL 1:
ALL THAT PORTION OP THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY OF THE
SOUTHERLY RIGHT OF WAY OF HIGHWAY 6 AND 24:
TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN
SECTION 32: El/2SWl/4
TOGETHER WITH:
TOWNSHIP 8 SOUTH, RANGE 96 WEST OP THE SIXTH PRINCIPAL MERIDIAN
SECTION 4: LOT 4,
EXCEPT THAT PART OF THE ABOVE DESCRIBED LANDS WHICH IS DESCRIBED IN BOOK 181 AT
PAGE 186, OF THE RECORDS OF GARFIELD COUNTY, COLORADO
EXCEPT THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS IN INSTRUMENT
RECORDED SEPTEMBER 6 , 1983 IN BOOK 634 AT PAGE 802.
SECTION 5: LOTS l, 2 AND 3,
THAT PART OP LOTS 4 AND S AND OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
(SWl/4NWl/4) IN SECTION 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST OP THE 6TH PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OP SAID LOT 4, THENCE SOUTH 29 DEGREES 04 1
EAST 3120 .6 FEET TO THE BANK OF THE COLORADO RIVER;
THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 5 TO THE NORTHEAST
CORNER THEREOF;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER THEREOF1
THENCE NORTH ALONG THE BAST LINE OP SAID LOT 4 TO THE NORTHEAST ' CORNER THEREOF
THENCE WEST ALONG THE NORTH LINE OP SAID LOT 4, TO THE POINT OP BEGINNING .
SECTION 51 ALL OF LOTS 11 AND 12, LOT 4 AND THE SWl/4NWl/4
EXCEPT THOSE PORTIONS OF LOT 4 AND SAID SWl/4tiWl/4 INCLUDED IN THE FOLLOWING
DESCRIBED PARCEL1
A TRACT OP LAND IN LOTS 3, 4 AND S , AND SW1/4NW1 /4 , SECTION 5, TOWNSHIP 8
SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING ON
THE NORTHWEST CORNER OF SAID SECTION 5, THENCE S. 30 DEGREES 00 ' E. 30 1 0 FEET;
THENCE N. 88 DEGRE ES 36' E. 3~8 FEET1
THENCE N. 09 DEGREES 47' w. 200 Pli:BT1
THENCE N. 53 DEGREES 00' s . 3()0 PEB:T1
THENCE N. 37 DEGRE BS 01' E. 334 PBI!:T1
THENClf N. 40 DEGREES 24 1 11:. 3H PBE:T;
THEN Cg N. 4 DEGR1n:s 56 • w. 17l FEET1
THENCE N. 33 DEGREES 01 1 E. 530 FEET;
THENCE N. 49 DEGREES 51 ' w. 1 768 FEET ;
THENCE s. 88 DEGREES 43 I w. 1385 FEET TO POINT OF BEGINNING.
SECTION 6: ALL
SECTION 71 LOTS 2, 9, 10 , ll, 12 AND NE1/4NW1/4
ALSO TOGETHER WITH:
GWZ34705
I llllll llll l llllll lll ll lll ll llllll lllll Ill lllll l lll llll
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EXHIBIT A
TOWNSHIP 8 SOUTH, RANGE 97 WEST OP THE SIXTH PRINCIPAL MERIDIAN_
SECTION 12: Sl/2SE1/4, THAT PORTION OP THE SWl/4 LYING EASTERLY OP THE EAST
RIGHT OP WAY OF INTERSTATE 70.
ALSO TOGETHER WITH:
PARCEL 2:
THAT PORTION OP THE FOLLOWI NG DESCRIBED PROPERTY LYING SOUTHERLY AND EASTERLY
OF THE SOUTHERLY RIGHT OP WAY UP HIGHWAY 6 & 24::
TOWNSHIP 8 SOUTH, RANGE 97 WEST OP THE SIXTH PRINCIPAL MERIDIAN
SECTION 13 : NE1/4NW1/4, Nl/2NE1/4
COUNTY OP GARFIELD
STATE OP COLORADO
TOGE THER WITH
PARCEL l :
THAT PORTION or THE FOLLOWING DESCRIBED LAND LYING WITHIN THE COUNTY OF MESA,
STATE OF COLORADOi
LOTS 2, 3, 11, 12 AND 13
SECTION 7, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN
COUNTY OF MESA
STAIE OF COLORADO
PARCEL 2:
THAT PORTION OP THE FOLLOWING DESCRIBED LAND LYING WITH THE COUNTY OF MESA,
STATE OF COLORADO:
ALL THAT PORTION OP THE FOLLO WING DESCRIBED PROPERTY LYING SOUTHERLY AND
EASTERLY OF THE SOUTHERLY RIGHT -OF-WAY OF HIGHWAY 6 AND 24:
TOWNSHIP 8 SOUTH, RANGE 97 WEST OP THE 6TH PR INCIPAL MERIDIAN:
SECTION 13: NEl/4, Nl /2SE1/4, NE1 /4NW1/4
LESS AND EXCEPT THAT PARCEL OF LAND AS DESCRIBED IN DEED RECORDED MAY 28, 1982
IN BOOK 1374 AT PAGE 692, MESA COUNTY OFFICIAL RECORDS.
COUNTY OF MESJ.
STATE OF COLORADO
GIJ2l4705
l lllllf 11111 111111 11111 11111111111 Jllll llJ 1111111111111
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EXHIBIT B Our Order No. GW234705
THE EFFECT OF INCLUSIONS IN ANY GENERA L OR SPECfFIC WATER CONSERVANCY,
FIRE PROTECTION, SOIL CONSERVATfON OR OTHER DISTRICT OR [NCLUSION lN
ANY WATER SERVICE OR STREET IMPROVEMEN T AREA.
WATER RIGHTS OR CLA IMS TO WATER RIGHTS.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN U NITED STATES PATENT RECORDED JAN UARY
11 , 1935, IN BOOK 172AT PAGE553.
RlGHT OF WAY POR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORJTY OF TH E
UNITED STATES AS RESERVED IN UNI TED STATES PATENT RECORDED NOVEMBER
16, 1912, IN BOOK 71 AT PAGE 575.
RlGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UN ITED STATES PATENT RECORDED MARCH 26.
1902, IN BOOK 56 AT PAGE 443.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY
23, 1894, IN BOOK 12 AT PAGE 275 AND IN BO OK 12 AT PAGE 269
RJG HT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 26, 1902.
IN BOOK 56 AT PAGE443.
RJGHT OF PROPRJ ETO R OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UN ITED STATES PATENT RECORDED JANUARY 23,
1894, IN BOOK 12 AT PAGE 275 AND IN BOOK 12 AT PAGE 269
RIGHT OF PROPRJETOR OF A VEIN OR LOD E TO EXTRACT AND REMOVE HIS ORE
THER.EFRQM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 19 .
1893, IN BOOK 12 AT PAGE 256.
RIGHT OF WAY FOR DITCHES OR CANALS CO NSTRU CTED BY THE AUTHORJTY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT R.ECOjIDED NOVEMBER
19, 1893, IN BOOK 12 AT PAGE 256.
EASEMENTS AND RIGHTS OF WA Y FOR ROADS, STREETS, H(GHWA YS, RA ILROADS,
DITCHES, CANALS, PIPELINES AND UTILITY LI NES AS SAME MAY EFFECT
SUBJECT PROPERTY.
ANY QUEST ION , DISPUTE OR ADVERSE CLAIMS AS TO AN Y LOSS OR GA JN OF LAND
AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR
OTH ER TrtAN NA TURAL CAUSES, OR ALTERATION THROUG H ANY CAUSE. NATURAL
OR UNNATURAL. OF THE CENTER THREAD, BAl\'l(, CHANNEL OR FLOW OP WATERS
IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS
1111111 1111111111111111111111111111111111111111 11111111
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EXHIBIT B Our Order No. GW234 705
TO THE LOCATION OF SUCH CENTER THREAD, BED. BANK OR CHANNEL AS A
LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OP DESCRIBING OR
LOCATING SUBJECT LANDS .
EASEMENTS AND RIGHTS OF WAY AS CONTAfNED IN DEED RECORD ED JANUARY 5,
1951 IN BOOK 257 AT PAGE 523 .
EASEMENT AGREEMENT WITH THE MOUNTAIN ST ATES TELEPHONE AND TELEGRAPH
COMPANY RECORDED JULY 14, 1937 IN BOOK 186 AT PAGE 593 AND AT PAGE
194 AND AGREEMENT RECORDED FEBRUARY 25, 1939 IN BOOK 195 AT PAGE 26.
RJGHT OF WAY AGREEMENT WITH PUBLIC SERVICE COMPANY OF COLORADO
RECORDED AUGUST 6, 1941 IN BOOK 205 AT PAGE 214.
UND IVIDED 2/3 INTEREST IN ALL OlL, GAS AND OTHER MINERALS AS CONTAINED
IN QUIT-CLA IM DEED RECORDED AUGUST 16, 1965 IN BOOK 368 AT PAGE542.
RESERVATIONS OF ALL OIL, GAS AND OTHER MINERALS AS CONTAINED IN
WARRANTY DEED RECORDED AUGUST 16, 1965 IN BOOK 368 AT PAGE 569.
RESERVATIONS OP MINERALS AS CONTA IN ED IN DEED RECORDED MARCH 3. 1966
IN BOOK 374 AT PAGE 456 .
RIGHT OF WAY EASEMENT WITH THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY RECORDED APRIL 16 , 1980 IN BOOK 546 AT PAGE 942.
EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DEED RECORDED MAY 3, 1982
IN BOOK 598 AT PAGE 508 .
EAS EMENTS AND RIGHTS OP WAY OVER AND ACROSS LOT 4 IN SAID SECTION 5
AND THE SW1/4SWI/4 OP SAID SECTION 32 FOR ACCESS, AS GRANTED BY
IN~TRUMENT RECORDED JUNE 16 , 1965 IN BOOK 366 AT PAGE 571 .
EASEMENTS AND RJGHTS OF WAY OF THE COLORADO TELEPHONE COMPANY AS
GRANTED IN INSTRUMENT RECORDED NOVEMBER I, 1907 IN BOOK 69 AT PAGE
180.
EASEMENTS AND RIGHTS OP WAY OF THE WILLCOX CANAL AND THE WILLCOX CANAL
CO MPANY AS GRANTED IN INSTRUMENT RECORDED JULY 8, 1910 IN BOOK 80 AT
PAGE 155 AND INSTRUMENT RECORDED NOVEMBER 30. 1910 IN BOOK 62 AT PAGE
486 .
BASEMENTS AND RIGHTS OF WAY OF PUBLIC SERVICE CO MPANY OF COLORA DO AS
GRANTED BY INSTRUMENT RECORDED JULY 21, 19 30 IN BOOK 161 AT PAGE 488.
EASEMENTS OF ST ATE HIGHWAY DEPARTMENT OF COLORADO AS GRANTED BY
INSTRUMENT RECORDED NOVEMBER 25 , 1950 IN BOOK 255 AT PAGE 273.
-----·---·-· -·-·-· -.
111111111111111111 11111 11111 111111 11111111 1111111111111 ~74813 01/10/200 1 04:35P 81221 P6 84 " ALSDO RF
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EXHIBIT B Our Order No . GW23470!i
THAT PORTION OF THE SUBJECT PROPERTY CONVEYED TO THE ST AT E HTGHW A Y
DEPARTMENT OF COLORADO BY RULE AND ORDER RECORDED MARCH 22, 1958 IN
BOOK 307 AT PAGE 328.
ONE-THIRD OF ALL OIL, HYDROCARBONS AND OTHER MINERALS RESERVED TO THE
BOOK CLIFF LIVESTOCK COMPANY AND L. W. CLOUGH BY INSTRUMENT RECORDED
FEBRUARY 11, 1929 IN BOOK 160 AT PAGE 177, ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THERE IN.
ONE-THIRD OF AL L OfL, HYDROCARBONS AND OTHER MINERALS TOGETHER WITH
THE RIGH T TO EXTRACT AND REMOVE THE SAME AS RESERVED TO E.H. MAHAFFEY
BY INSTRUMENT RECORDED SEPTEMBER 3, 1929 IN BOOK 155 AT PAG E 372, ANY
AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREI N.
EACH AND EVERY RIGHT OP ACCESS TO JNTERST ATE HIGHWAY NO 70 AS CONVEYED
TO THE STATE DEPARTMENT OF HIGHWAYS IN INSTRUMENT RECORDED SEPTEMBER
6, l 983 IN BOOK 634 AT PAGE 804.
EASEMEN TS AND RIGHTS OF WAY AS GRANTED TO THE STATE DEPARTMENT OF
HIGHWAYS IN INSTRUMENT RECORDED SEPTEMBER 6, 1983 IN BOOK 634 AT PAGE
806.
ANY PORTION OF THE SUBJE CT PROPERTY LYING WITHI N THE RIG HT OF WAY OF
HIGHWAY 6 AND 24 AS TN PLA CE AND fN USE .
ANY AND ALL RIGHTS OP THE UN1TED STATES, THE STATE OF COLORADO, AND
THE PUBLIC IN GENERAL, IN AND TO NAVIGABLE WATERS OR FfLLED IN LANDS
FORMERLY WITHIN NAVIGABLE WATERS.
TERMS, CONDITIONS AN D PROVISIONS OP AGREEMENT AND DEED OP CONVEYANCE
RECO RDED JULY 12, 1982 IN BOOK 602 AT PAGE964.
P ERMANENT EASEMENT AS GRANTED TO THE DEPARTMENT OF HIGHWAYS OF THE
STATE OF COLORADO IN INSTRUMENT RECORDED NOVEMBER 8, 1985 IN BOOK 678
AT PAGE 523.
RESERVATION OF ONE-HALF OF ALL OIL, GAS, HYDROCARBONS AND OTHER
MINERA LS RESERVED IN DEED RECORDED SEPTEMBER 3, 1929 IN BOOK 155 AT
PAGE 372 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN .
RJGHT OF WAY AS GRANTED TO THE COLORADO TELEPHONE COMPANY IN
INSTRUMENT RECORDED NOV EMBER 1, 19 07 IN BOOK 69 A1' PAGE 180 .
RIGHT OP WAY AS GRANTED TO PUBLIC SERVICE COMPANY OP COLORADO IN
INSTRUMENT RECORDED JULY 21, 1930 IN BOOK 161 AT PAGE488.
RIGHT OP WAY AS GRANTED TO THE MOUNTA IN STATES TELEPHONE AND TELEGRAPH
COMPANY IN INSTRUMENT RECORDED JULY 14. 1937 IN BOOK 186 AT PAGE 594 .
ii~~ll 11111111111 11111 11111111111111111111111111111111
3 01/10/200 1 04 :3~P 81228 PS85 M ALSDORF
9 o f 10 R S0.00 0 223 .20 GARFIELD COUNTY CO
EXHIBIT B Our Order No. GW234705
TERMS. CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED
DECE MBER 07, 1992 IN BOOK 849 AT PAGE 154, AND ANY AND ALL
ASSIGNMENTS THEREOP OR INTERESTS THEREIN
NOTE: CORRECTION AND AMENDMENT TO SAID OIL AND GAS LEASE RECORDED MAY
14, 1993 IN BOOK 862 AT PAGE 530.
RESERVATION OF ALL OIL, GAS OR OTH ER MINERAL RIGHTS AS RESERVED IN
OBED RECORDED APRIL 7 , 1995 IN BOOK 936 AT PA GE 727, AND ANY AND ALL
ASSIGNMENTS TH EREOF OR INTERESTS THEREIN.
RESERVATIONS OP ALL OIL, GAS AND HYDROCARBONS AS RESERVED IN DEEDS
RECORDED JANUARY 13, 1982 IN BOOK 590 AT PAGE 643 AND RECORDED
SEPTEMBER 6, 1995 IN BOOK 952 AT PAGE 221.
OIL AND GAS LEASE RECORDED APRIL 8, 1996 IN BOOK 973 AT PAGE llO, AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THERE IN.
OIL AND GAS LEA SE RECORDED OCTOBER 28, 1997 IN BOOK 1040 AT PAGE 254,
AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
EASEMENTS AND RIGHTS OF WAY AS SHOWN ON THE LAND SURVEY PLAT DATED
MARCH 9 , 1995 PREPARED BY BARRY HAAG .
ANY AND ALL PROPRIETARY INTEREST IN AND TO THE PROPERTY CONVEYED TO
THE RIO GRAN DE RAILWAY CO MPANY IN INSTRUMENT RECORDED MAY 27, 1938 IN
BOOK 18 1 AT PAGE 186 AND IN STRUMENT RECORDED DECEMBER 2. 1889 IN
BOOK 3 AT PAGE 404 .
EASEME NTS AND RIGHTS OF WAY FOR THE DENVER AND RIO GRANDE · UNION
PACIFIC RA ILROAD AS CONSTRUCTED AND IN PLACE.
EASEMENTS AND RIGHTS OF WAY AS CONTA INED IN INSTRUMENT RECORDED
DECEMBER 2, 1999 IN BOOK 11 62 AT PAGE 895. ,
TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED July 31, 2000
IN BOOK 11 99 AT PAGE 6 16.
EXCE PTION S I I T HROUGH 56 AFFECT GARFIELD COUNTY PORTION
RIGHT OF PROPRIETOR OP A VEIN OR LODE TO EXTRACT AND REMOVE HI S ORE
THEREFROM SHOULD THE SAME BE POUND TO PENETRATE OR INTERSECT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORD ED May 04, 1995 ,
IN BOOK 2142 AT PAGE 807.
RIGHT OF WAY FOR DIT CHES OR CANALS CONSTRUCTED BY THE AUTHORlTY OF THE
UN ITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED Ot:tobe r
23, 1926, IN BOOK 295 AT PAGE 505 AND RECORDED MAY 4. 1995 IN BOOK
2142 AT PAGE 807.
1111111111111111111111111111 111111111111111111111111111
S74813 01/10 /2001 04:3SP 81226 P686 n ALSDORF
10 of 10 R 50.00 D 223.20 GARFIELD COUNTY CO
EXHIBIT B Our Ord er No. GW234 705
ALL COAL AND OTHE R MI NERALS lN THE l.ANDS SO ENTERED AND PATENTED .
TOGETHER WlTH THE RlGHT TO PROSPECT FOR, MINE. AND REMOVE THE SAME
PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29,
1916 (39 STAT , 862) AS RESERVED BY THE UN1TED STATES OF AMERICA IN
UNITED STATES PATENT RECORDED OCTOBER 23, 1926 !N BOOK 295 AT PAGE
505.
ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID PROPERTY , TOGETH ER
W1TH THE RJGHT OP INGRESS AND EGRESS FOR THE PURPOSE OP EXPLORJNG
FOR, PRODUCING OR OTHERW1SE REMOVING THE SAME, AS RESERVED IN DED
RECORDED AUGUST 24, 1965 IN BOOK 887 AT PAGE 281 , AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
AN UNDIVIDED 5/6 INTEREST IN ALL MINERALS UNDERLYING SUBJECT PROPERTY
HEREIN ALONG WITH AN UNDIVIDED 112 INTEREST IN ALL MINERALS
UNDERLYING SUBJECT PROPERTY HERE IN. AS EXCEPTED IN DEED RECORDED
MARCH 3, 1966 IN BOOK 894 AT PAGE 17 9 AND ANY AND ALL ASSIGNM ENTS
THEREOF OR INTERESTS THEREIN.
TERMS , CONDITIONS AND PROV ISIONS OF EASEMENT, IN FAVOR OP PUBLIC
SERV ICE COMPANY OF COLORADO RECORDED JANUARY 3, 1980 IN BOOK 1237 AT
PAGE 818.
TERMS , CONDITIONS AND PROVISIONS OP EASEMENT , IN FAVOR OF PUBLIC
SERVI CE COMPANY OF COLORADO RECORDED FEBR UARY 15. 1980 IN BOOK 1244
AT PAGE 145 .
TERMS, CONDITIONS AND PROVISIONS OF RlGHT-OF-WAY EASEMENT , IN FAVOR
OF THE MOUNTAIN STATES TELEPHONE AND T ELEGRAPH COMPANY, RECORDED
APRIL 4, 1980 IN BOOK 1251 AT PAGE 330.
TERMS , COND ITIONS AND PROVISIONS OP DEED TO STATE DEPARTMENT OF
HldHWA YS , STATE OF COLORADO RECORDED MAY 28 , 1982 IN BOOK 1372 AT
PAOE692. .
EASEMENTS AND RIGHTS OF WAY FOR ROAD S, STREETS, HIGHWAYS, DJT CHES .
CANALS, PIPELINES AND UTILITY LJNBS AS CONSTRUCTED AND lN PLA CE .
ALL OIL, GAS, COAL AND OTHER MINERALS AN D lNTERETS THERElN AND
EASEMENTS WITH RESPECT THERETO .
EASEMENT AND RJGHT -OP-WAY FOR RAILROAD .
EXCEPTlONS 57 THROUGH 68 AFFECT MESA CO UNTY PORTION
EASEMENTS, RJGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF
SUBJECT PROPERTY RECORDED SEPTEMBER 12 , 2000 UNDER RECEPTION NO.
569286 IN GARFIELD COUNTY AND PLAT RECORDED SEPTEMBER 12, 2000 UNDER
RECEPTION NO . 1964916 IN MESA COUNTY.
----·---------.. -·
I llllll lllll lllll l lllll lllll Ill llllllll Ill lllll llll lllt
574815 01/10/2001 04:40P B122S P692 M ALSDORF
1 of ! R 25.00 D 14.60 GARFIELD COUNTY CO
Fi led for record the day of ______ ,A.O. ___ , at o 'clock M. RECORD EI
Reception No. --------sy ----------DE-P-UTY .
WARRANTY DEED
THIS DEED, Made on this day of __ J~11n""'u""a...,ry._..l 0...._, .... 2..,o ... o._1 _______ _
between WA YNB RUDD
of the County of EAGLE and State of Colorado , of the Grantorfs), and
SPECIAlTY RBSTAURANTS CORPORATION AS TO AN 80 PERCENT INTERBST AND STOCKTON RBSTAURANT CO RPORATION
AS TO A 20 PERCENT INTEREST
whose legal address i s 4 155EASTLAPALMAAVENUE,SUITE250,ANAHE1M ,CA92807
of the ---------County of and State of C a lifornia , of the Grantee(s ):
\VITNESS, Tha t the Grantor(s), for and i n cons i deration of the sun of <
0 • One Hundred Porty Six Thou sand and 001100 ...
$146,000.00
DOLLARS
the receipt and sufficiency of wh i ch is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sel l , convey and confirm unto the Grantee(s), his heirs and assigns forever, a (( the
real property, together wi th ilfflrovements, if any, si tuate, lyi ng and being i n the County of
GARFIELD and State of Coloriido, described as fol lows:
SEE EXHIBIT "A• A'ITACHED HERETO AND MADE A PART HEREOF
also known as s treet nllllber
TOGETHER with a l l and singular and hereditaments and appurtenances thereto be l onging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents , issues and prof i ts ther eof; and a l t the estate, right
t i tle interest, c laim and demand whatsoever of the Gr antor(s), either in la~ or equi ty, of, in and to the abo~e bargained
premises, with the hereditaments and appu rtenances;
TO HAVE AND TO HOLD the s a id prem ises above bargained and described with appurtenances, unto the Grantee(s ),
his heirs and assigns forever. Th e Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with t he Grantee(s), his he i rs and assigns, that at the time of the ensealing and del i very
of these presents, he is wel l seized o1 the premises above conveyed, has good, sure, perfect, absol ute and indefeasible
estate of inheritance, in law, in fee silfflle, and has good right, ful l power and lawful autho r ity to grant, barga i n ,
sell and convey the same in manner and fo rm as aforesaid, and that the same a re free and c l ear from al l former and other
grants, bargains, sales, liens, taxes, assessments , encumb rances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQ UENT YEARS . AND SUBJ.EC't TO EXCEPTIONS
ATTACHED HERETO AND INCORPORATED HERBIN AS BXHIBIT B, AND EXCEPT ANY AND ALL e.ASEMENTS AND
RIGHTS-OP-WAY VISIBLE AND APPARENT. WHBTHf!R OR NOT OF RECORD .
The Grantor(s) shal l and wi l l WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possess i on of the Grantee(s), his heirs and assigns, agai nst all and every person or per sons lawful l y c l aim ing the whole
or any part thereof. Th e singular nlll'ber shall inc lude the plural, and the plural the singular, and the use of any gende r
shall be applicable to all gencers.
lN WITNESS WHEREOF the Grantor(s) has executed th i s deed on the date set forth above.
STAT E OF Colorado
-----County of GARFIELD
)SS.
)
1 1 11111111 11 1111!.~ 11111111 11 11111111111111 ~111t 1111 1111
57481~ 01/10/2001 04:40P B122fi P693 M ALSOORF
2 or ~ R ~.00 D 14 .60 GARFIELD COUNTY CO
EXHIBIT A
PARCEL B:
A PARCEL OP LAND SITUATE WITHIN A PORTION OF SECTION 6, TOWNSHIP B SOlJTH, RANGE
96 WEST OP THE SIXTH PRINCIPAL MllRIDIAN, BEING MORB PARTICULARLY DSSCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTlfBRLY RIGHT OF WAY OP INTERSTATE HI GHWAY NO . 70
WHENCB THE NORTHEASTKRLY CORNER OP SECTION 6 DEARS NORTH 7 3 DEGREES 1 0 '30" EAST
1568.55 PEKT1
THENCE SOUTH 00 DEGREES oo•oo• EAST 1613.78 PEET ;
THENCE ALONG THE NORTHER LY RIGHT o r WAY o r STATE HIGH"RAY 6 ' 2 4 THE FOL LOWING
TWO (2) COURSES:
SOUTH 55 DEGREES 30 °00" WBST 111 .47 PEET ;
THENCE ALONG THE ARC OP A CURVE TO THE RIGHT 1 066.31 ll'nT SAID CURV'£" RAVING A
CENTRAL ANGLE OP 10 DEGREES 5 4•oo w, A RAD IUS OP 5605.00 PBET, THE CHORD OP
WHICH BEARS SOUTH 60 DEGREES 5 7 '00" WE ST 1064.70 PEET;
THENCK NORTH 110 DEGREES 23 1 51" WEST 1223.74 FEET 1
THENCE ALONG THE SOUTHERLY RIGHT OP WAY OP INTERSTATE HIGHWAY NO. 70 THE
FOLLOWING POUR (4 ) COURS ES:
NORTH 41 DEGREES 12'29" EAST 588.78 rBET;
THENCE ALONG THE ARC OP A CURVE T-0 THB RIGHT 782.62 PEET, SAID CURVE HAVING A
CENTRAL ANGLE OP 22 DEGREES 38'12 ", A RADIUS OP 1980.BB PE ET , THE CHORD OP
WHICH B&ARS NORTH 54 DEGRE ES 5 7 °53" EAST 777.54 FEET TO TH£ CENTERLINE OP A '0
POOT WIDE ACCESS EASllllBNT ;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT 40.62 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OP 01 DBGREES 10 1 29", A RADIUS OP 1980.88 PBBT, THE CHORD OP
WH ICH BEARS NORTH 66 DEGREES 52'14• EAST 40.62 FEET ;
TH ENCI NORTH 64 DEGRBiS 5 5 1 1 3" BAST 200.so PEET TO THE POI NT OP BEGINNING.
PARCEL C:
A PARCEL OF LAND SITUATE WITHIN A PORTIO N OP SECTION 6 OP TOWNSHIP 8 SOUTH, AND
SECTION 31 OF TOWNSHIP 7 SOUTH, UNGE 96 WEST OF THE S IXTH PRlNCIPA.L MERIDIAN ,
BBIN G MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OP WAY OP INTERSTATE HIGHWAY NO. 70
WHENCE THE NORTHEASTERLY CORNE R OF SECTION 6 BEARS SOUTH 89 DBGREBS 23 1 0?"
EAST 474.86 PBET;
THENCE SOUTH 00 DEGREES oo•oo• EAST 1367.34 PEBT 1
THENCE ALONG THE NORTHERLY RIGHT o r WAY OP STATE HIGHWAY 6 ' 24 TB.It FOLLOWING
FIVE (5) COURSESr
SOUTH 55 DEGREES 30°00" WE ST 121.30 PEST TO THE CENTERLI NE OF A 4 0 P OO T ACCESS
BASEMENT;
THENCE SOUTH 55
THENCE NORTH 37
THENCE SOUTH 51
THENCE SOUTH 55
DEGREES 30'00"
DEGREES 57'36 "
DEGREES 56 1 58 "
DEGRBiS 3 0' 00.
WEST
WEST
WBST
WEST
463 .22 PEET;
H.00 ll'EET;
548.00 PEET ;
121. l 3 PEET;
THENCE NORTH 00 DBGREES 00 1 00 • £AST 1613 .78 PBBT1
THENCE ALONG THE SOUTHERLY RIGHT OP WAY OP INTERSTATE HIGHWAY NO. 70 THE
FOLLOWING TWO (2) COURSES:
NORTH 64 DEGRBES 55'12" EAST 388.07 PEE T;
THENCE NORTH 66 DE GREES 25'25" EAST 736.57 PEET TO Tmr POI'NT OF BSG:INNINC.
PAR CE L D:
A PARCE L OP LAND SITUATE WITHIN A PORTION OP SECTIONS 5 AND 6, TOWNSHIP 8
SOUTH, SECTIONS 31 AND 3 2 OP TOWNSHIP 7 SOUTH, RANGE 96 WEST OP THE SIXTH
PRINCIPAL MER IDIAN, SAID PARCEL BBING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OP WAY OP tNTE'RSTATE HIGHWAY NO. 70
WHBNCI THE NORTHEASTER LY CORNER OP SAID SECTION 6 BEARS SOUTH 54 DEGREES 36'00"
WEST 95 3.44 PEET;
THENCE SOUTH 00 DEGREES 56'14" WRST 104 2 .49 PEET :
THENCE ALONG THE NORTHERLY RIGHT OP WAY OP STATE HIGHWAY NO. 6 & 24 SO UTH 55
DEGREES 30 1 00" WES T 1539.88 FEET 1
THKN CE NORTH 00 DEGREES 00 1 00" EAST 1367.34 PBBT ;
THENCE ALONG THE SOUTHERLY RIGHT OP WAY OP INTERSTATE HIGHWAY NO. 70 TI!E
Gl/234746
I llllll lllll llllll lllll lllll 111 llJlllll Ill lllll 11111111
574815 01/10/2001 04:40P 81226 P694 H ALSDORF
3 o, 5 R 25.00 D 14.60 GARFIELD COUNTY CO
EXHIBIT A
FOLLOWING TWO (2) COURSES:
NORTH 66 DEGREES 25'24• EAST 515.86 FEET;
THENCE NORTH 66 DEGREES 22 1 19" EAST 850.51 FEET TO THE POINT OF BEGINNING.
PARCEL E:
A PARCEL OP LAND SITUATE WITHIN A PORTION OF SECTION 32, TOWNSHIP 7 SOUTH AND
SECTION S, TOWNSHIP 8 SOUTH, RANGE 96 WEST OP THE SIXTH PRINCIPAL MERIOIJ\N
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE HIGHWAY NO . 70
WHENCE THE NORTHEASTERLY CORNBR OP SAID SECTION 6 BEARS SOUTH 62 DEGREES 37'20"
WEST 2974.28 PEET;
THENCE SOUTH 00 DBGRBES 56'14" EAST 581.97 FEET;
THENCE ALONG THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY NO. 6 & 24 SOUTH 55
DEGREES 30 1 00" WEST 2252.60 FEET;
NORTH 00 DEGREES 56'14" WEST 1042.49 PEET;
THENCE ALONG THE SOUTHERLY RIGHT OP WAY OP INTERSTATE HIGHWAY NO. 70 NORTH 66
DEGREES 22 1 19" WEST 2034.52 FEET TO THE POINT OF BEGINNING·.
COUNTY OF GARFIELD
STATE OF COLORADO
1111111 lllll llllll lllll lllll llJ 111111111111111111111111
574815 01 /10/2001 04:40P 81226 P'95 " ALSDORF
4 of 5 R 25 .00 D 14 .60 GARFIELD COUNTY CO
EXHIBIT B Our Order No . GW234748
RIGHT OP WAY FOR DITCHES OR CANALS CONSTRU CTC!D BY THE AUTHORITY OP THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY
II, 1935, fN BOOK 172 AT PAGE 553 AND RECORDED NOVEMBER 16. 1912 IN
BOOK 71 AT PAGE 57S
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNIT ED STATES AS RESERVED IN UNITED SfATES PATENT RECORDED JANUARY
23 , 1894, IN BOOK 12 AT PAGE 275 AND IN BOOK 12 AT PAGE 269
RIGHT OF PROPRIETOR OP A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND T O PENETRATE OR INTERSECT THE
PREMISES AS RESE RVED IN UN ITl'.lD STATES PATENT Rl'.lCORDED JA NUARY 23.
1894, IN BOOK 12 AT PAGE 275 AND IN BOOK 12 AT PAGE 269
RIGHT OP WAY POR DITCHES OR CAN ALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UN IT ED STATES PATENT RECORDED AUGUST 12.
1929. IN BOOK 11 2 AT PAGE 478 .
EXCEPTIN G ANT> RESERV ING , HOWEVER, TO THE UNITED STATES ALL THE COAL
AND OTHER MINERALS IN THO LANDS SO PATENTED TOGETHBR WITH THE RIGHT
TO PROSPECT POR. MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS
AND LIMITATIONS OF THE ACT OP DECEMBER 29, 19 16 (39 STAT .. 862) AS
RECORDDD AUGUST 12. 1929 lN BOOK 112 AT PAGE478.
EASEMENTS ANO RJGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS. RAILROADS.
DITCHES , CANALS, PIPELINES AND UTILITY LINES AS SAME MAY EFFECT
SUBJECT PROPERTY.
EASEMENTS AND RIGHTS OP WAY AS CONTAlNED IN DEED RECORDED JANUARY .'i,
1951 IN BOOK 257 AT PAGE 523.
EASEMENT AGREEMENT WITH THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY RECORDED JULY 14, 1937 IN BOOK 186 AT PAGE 593 AND AGREEMENT
RECORDED FEBRUARY 25. 1939 IN BOOK 19S AT PAGE 26.
RJGHT OF WAY AGREEMBNT WITH PUBLIC SERVICE COMPANY OF COLORADO
RECORDED AUGUST 6, 1941 IN BOOK 205 AT PAGE 214 .
UNDIVIDED 213 INTEREST IN ALL OIL, GAS AND OTHER MJNERALS AS CONTAINED
IN QUIT-CLAIM DEED RECORDED AUGUST 16, 1965 IN BOOK 368 AT PAGE542.
RESERVATIONS OF ALL OIL, GAS AND OTHER MINERALS AS CONTAINED IN
WARRANTY DEED RECORDED AUGUST 16. 1965 IN BOOK 368 AT PAGE 569 .
RESERVATl ONS or MINERALS AS CONTAINED IN DEED RECORDED MARCH 3, 1966
IN BOOK 374 AT PAGE 456 .
EASEMENTS AND RIGHTS OF WAY AS CONTAI N ED IN DEED RECORDED MAY 3, 1982
IN BOOK 598 AT PAGE 508 .
RIGHT-OF-WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, Savage Limited Partnership l, Joan L. Savage, General Partner
(hereinafter referred to as "Grantor", whether one or more), for and in consideration of the sum
of Ten and No/I 00 Dollars ($10.00) and other valuable consideration in hand paid to it by
Enterprise Gas Processing. LLC., a Delaware Limited Partnership, whose address is c/o Land
Department, 2727 North Loop West, Houston, Texas 77008-1044 (hereinafter referred to as
"Grantee''), the receipt of which is hereby acknowledged, does hereby grant unto the said
Grantee, its successors and assigns, a right-of-way and easement for the purpose of laying,
constructing, maintaining, operating, repairing, inspecting, testing, abandoning in place,
protecting, altering and/or removing one (I) pipeline including cathodic protection, above-
ground and below-ground appurtenances, and any and all other devices, equipment and structures
from time to time deemed by Grantee to be necessary or desirable in connection with the use and
convenient operation and maintenance of said pipeline for the transportation of oil, gas, water,
petroleum products, or any other liquids, gases or substances which can be transported through a
pipeline across the following-described lands in Garfield County, Colorado, to-wit:
Township 7 South, Ranie 97West, 61.b P.M.
Tract 40, Located in the S/2SW 1/4 of Section 8
Tract 48, Located in the N/2SW 114 & NW 1/4 of Section 17
Tract 49, Located in the E/2E/2 of Section 19 & W /2W /2 of Section 20
SEE "EXHIBIT A" FOR EASEMENT DESCRIPTION
Grantee's permanent right-of-way and easement shall be thirty feet (30') in width, being
fifteen feet (15') on each side of the easement centerline as described in EXHIBIT "A" attached
hereto and made a part hereof. Grantee shall also have a Temporary Easement for construction
purposes only, being a strip of land fifty feet (50') wide directly adjacent and parallel to one s ide of
the right of way and easement area described in EXHIBIT "A" and shown and depicted on EXHIBIT
"A". In addition to the Temporary Easement stated above the Grantee shall utilize for construction
purposes only, an additional twenty five feet (25') wide by one hundred fifty feet (150') in length of
Additional Temporary Workspace(s) at the crossings of all roads, railroads, streams, or uneven
terrain. Said Temporary Easement and Workspace(s) shall tenninate upon the completion of
construction of said pipeline and restoration of the lands.
Together with the rights of ingress and egress to the above-described right-of-way and
easement herein granted across the adjacent property ofGrantor.
IP.u .
.Y/cF/G>,
TO HA VE AND TO HOLD said pipeline right-of-way and easement unto Grantee, its
successors and assigns, for the purposes stated above, subject to the following terms and
conditions:
I. That in the exercise of its rights hereunder, Grantee shall: (a) bury all pipelines to provide
a minimum cover of thirty-six inches (36"), (b) restore the ground s urface as nearly as
practicable to the original condition which existed prior to the commencement of any
work by Grantee; (c) provide suitable ditch cross-overs during construction as are
reasonably required by Grantor; (d) properly support each side of a contemplated fence
opening by suitable post and braces before a fence is cut, and, where required, to provide
a temporary gate; (e) repair in a good and workmanlike manner any and all fences and
drainage and irrigation systems which are cut or damaged by Grantee; and (f) pay Grantor
for any damages caused by Grantee to Grantor's growing crops, grasses, trees, shrubbery,
fences, buildings or livestock as a result of the construction of Grantee's facilities.
2. That Grantor reserves the right to use and enjoy the surface of the right-of-way in any
manner that will not prevent or interfere with the use of the right-of-way by the Grantee
for any of the purposes herein above granted, it being understood that no building,
structure, improvement, or obstruction shall be placed within o r upon the right-of-way,
and that there s hall be no alteration of the ground surface or grade of the right-of-way,
without the express written consent of the Grantee, and, to the extent that written
permission has not been given, Grantee shal I have the right to clear and keep cleared from
within the right-of-way all trees, brush, undergrowth, buildings, structures,
improvements, or other obstructions, after completion of pipeline installation. Grantee
shall not be liable for damages caused on the right-of-way by keeping the right-of-way
clear of such trees, brush, undergrowth, buildings, structure, improvements, and other
obstructions in the exercise of its rights hereunder.
3. That Grantee s hall have the right, at its o ption, to install gates in fences crossing said
pipeline right-of-way.
4. That this instrument may be executed in counterparts, but which together shall constitute
one and the same instrument.
5. lt is understood and agreed that thi s grant is not a conveyance of the lands described
herein or of any interest in the oil, gas and other minerals in, on or under said lands, but is
a grant solely of the right-of-way and easement granted herein.
6. All fixtures, equipment, and improvements placed on or fixed to the premises by Grantee
shall remain the property of Grantee and Grantee shall have the right to remove any or all
of its property from the Easement.
7. That during maintenance and repair operations of said pipeline or appurtenances, Grantee
may utilize such portions of Grantor's property, temporary work space, as may be
reasonably necessary. However, after the completion of such operations Grantee shall
have no further right to such temporary work space.
8. Grantee shall make application fo r and secure fr om any and a ll federal, state and local
governmental authorities having jurisdiction (and during th e tenn of this Agreement shal l
maintain in effect and comply with) all permits, li censes and other authorizations required
fo r this Agreement. Grantee shall pay for a ll such permits, li censes a nd other
a utho ri zations and fo r all ren ewals.
9. Grantee agrees to ind em ni fy and ho ld harmless Grantor from and against any and aJl loss,
costs. damages and expenses incurred in connection with any claims, actions or
proceedings arising from or related to Grantee's rights o r obligations contained in th e
Right-of-Way and Easement, except fo r th e ne gli gence and willful misconduct of the
Grantor and its s uccessors and assigns.
I 0. It is agreed that this grant covers all the agreements between the parties and no
representations or statements, verbal or written, have been made modifying, adding to or
c hanging the terms of thi s agreement. It is unders tood and agreed that thi s easement and
all rights, privileges and obligations created he rein s hall run with the land and s hall inure
to the benefit of and be binding upon the legal re prese ntatives, he irs, executors,
administrators, successors, and assigns of th e parties hereto.
EXECUTED AND EFFECTIVE this day of '/ ! ---
By: 11;{ '/ I L ... y------:
V 1oan L. Savage,
General Partner
Savage Limited Partnership l
Capacity:-----------
GRANT OR:
2009.
ACKNOWLEDGEMENTS
COUNTY OF
§
§
This instrument was executed and acknowledged before me on the M day of
~j_ ,2009,by F L ~
MY caMSSKlN EXPIRES
08/18/201 1
THESTATEOF Nw ~co
COUNTY OF Cwl ::f Wl{1
§
§
This instrument was executed and acknowledged before me on the 2.J~day of
, 2009, by ------'M.---'--'t c.=-~:....==-,,_.A'-'-. _-..:;..;ro;;;;...;;dd~------
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EXHIBIT "A"
30' PERMANENT RIGHT-OF-WAY AND EASEMENT
SAVAGE LIMITED PARTNERSHIP I, WITHIN TRACT 40, SECTION 8
AND TRACT 48, SECTION 17, T7S -R97W 6TH P.M.
GARFIELD COUNTY, COLORADO
u--11...,,,,~~ POINT OF BEGINNING c,
L2 300'x50' -::,,
CONST. EASEMENT -'V LS "-
L3 S-o ' j ./,s-0>.9~ t:
50' TEMPORARY--==fl '"'°"'"' W< ' :I 'I ;!I
80.23' L4 'S:/'s;. 15' 15' 50'
FOUND 5/8' REBAR <BENT) TRACT 40 <'· Iv I
!.----~--~~~-~~
LINE TABLE
L1: S03"51'21'\./, 14.17'
L2: S50"00'34 '\.I, 91.39'
L3: S01"21'04'\./, 543.58'
L4: SOl "52'50'\./, 181.66'
LS: S00"22'39'E, 59. 70'
L6: S05'41'51"E, 44.95'
L 7: S08"09' 48'E, 98. 91'
LS: Sl4"56'45'E, 47.09'
L9: S12"07'25'E, 99.90'
L10: S17°16'04'E, 106.79'
L11: S33"21'00'E, 35.22'
L 12: S20"37' 48'E, 180.56'
L13: S59"04'35'E, 154.47'
L14: Sl4"04'35'E, 14.14'
L15: S59"04'35'E, 418.16'
L16: N75"55'24'E, 14.14'
L17: S59"04'35'E, 197.77'
SEC. 8
SEC. 17
300'x!OO'
IRREGULAR TUA
88"10' 48' "'
1241.69'
NE CORNER
TRACT 48
DETAIL 1
N.T.S.
~ ::,,
~1:::; t:;
Q g
I ~
50' 15' 15' I
DETAIL 2
L19 N.T.S.
TRACT 48
SECTION 17
T7S-R97\./
CENTERLINE OF
llL.--+-PROPOSED
16' PIPELINE
L 18: S52"06'39'E, 315. 23'
L19: Sl5"27'32'\./, 181.85'
L20: S17°01'15'\./, 188.59'
L21: Sl 7°02'53'\./, 196.87'
L22: Sl6"36'32'\./, 178.53'
L23: S27°12'49'\./, 583.01'
L24: S26 "52' 4 7'\./, 1392.85'
L25: S29"42'56'\./, 70.25'
L26: S40"53'47'\./, 22.99'
L27: S49"45'59'\./, 21.36'
L28: S54 "23'02'\./, 59. 71'
L29: S57°21'27'\./, 271.07'
50' TEMPORARY~~
CONST. EASEMENT
N
TRACT49
0 150 ft. 600 ft.
Colorado State Plane
Centrol Zone, NAD83
TUA = TEMPORARY USE AREA
PE = PERMANENT EASEMENT
TE = TEMPORARY EASEMENT
1246.62'
PROPERTY OF
SAVAGE LIMITED
PARTNERSHIP I
2653.95'
N 88'1!'10' >!
~ = FOUND U.S.G.L.O. 2 1 /2" BRASS CAP
SURVEYOR'S STATEMENT:
!, GEORGE DLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR
IN THE STATE OF COLORADO, DO HEREBY STATE THAT
A SURVEY OF A TRACT OF LAND AS SHO>!N HEREON \./AS
MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF
DECEMBER 2008 AND THAT OF SAID SURVEY IS ACCURATELY
SHO\./N HEREON.
~""'. ?
GEORGE OLBrnT
P.L.S. #27610
L24
NOTE:
r--~...L 30' \./IDE
2 PERMANENT R.O.\./.
8. EASEMENT
BLM
D BASIS OF BEARING: GPS DBS ERV A TION ALONG THE
NORTHERLY LINE OF TRACT 48, SEC. 17, T7S -R97\./,
AS DEFINED BY MONUMENTATION SHO>!N HEREON. BEARS:
N88"10' 48'\./
2) DATE FIELD SURVEY: 12/23/08
3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
TD DETERMINE O\./NERSHIP OR EASEMENTS OF RECORD.
NO TITLE COMMITMENT 'JAS FURNISHED IN THE PREPARATION
OF THIS SURVEY.
4)SEE ATTACHED RIGHT-OF->!AY DESCRIPTION (SHEET
2 OF 2) \./HICH BY THIS REFERENCE IS MADE HEREOF.
NOTICE:
ACCORDING TO COLORADO LA\./, YOU MUST COMMENCE
ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY >!!THIN THREE YEARS AFTER YOU FIRST DISCOVERED
SUCH DEFECT. IN ND EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY
BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THIS CERTIFICATION
SHO\./N HEREON. --~ SHOVIN 12622-A -· -SSC J 31 09 12622-1800-802
30' WIDE PERMANENT EASEMENT AND RIGHT-OF-WAY
A 30' WIDE EASEMENT AND RIGHT-OF-WAY LYING WITHIN TRACT 40, SECTION 8, AND WITHIN
TRACT 48, SECTION 17, TOWNSHIP 7 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN
IN GARFIELD COUNTY, COLORADO; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY
CENTERLINE AS FOLLOWS:
COMMENCING AT A BRASS GLO MONUMENT LOCATED AT THE NORTHEAST CORNER OF SAID TRACT
48; THENCE NORTH 50'19'29" WEST, FOR A DISTANCE OF 1505.81 FEET TO THE POINT OF
BEGINNING OF SAID CENTERLINE;
THENCE SOUTH 03'51'21" WEST FOR A DISTANCE OF 14.17 FEET;
THENCE SOUTH 50'00'34" WEST FOR A DISTANCE OF 91.39 FEET;
THENCE SOUTH 01 '21'04" WEST FOR A DISTANCE OF 543.58 FEET;
THENCE SOUTH 01 '52'50" WEST FOR A DISTANCE OF 181.66 FEET:
THENCE SOUTH 00'22'39" EAST FOR A DISTANCE OF 59.70 FEET;
THENCE SOUTH 05'41'51'' EAST FOR A DISTANCE OF 44.95 FEET;
THENCE SOUTH 08'09'48" EAST FOR A DISTANCE OF 98.91 FEET;
THENCE SOUTH 14'56'45" EAST FOR A DISTANCE OF 47.09 FEET;
THENCE SOUTH 12'07'25" EAST FOR A DISTANCE OF 99.90 FEET;
THENCE SOUTH 17'16'04" EAST FOR A DISTANCE OF 106.79 FEET;
THENCE SOUTH 33'21'00" EAST FOR A DISTANCE OF 35.22 FEET;
THENCE SOUTH 20'37'48" EAST FOR A DISTANCE OF 180.56 FEET;
THENCE SOUTH 59·04'35" EAST FOR A DISTANCE OF 154.47 FEET;
THENCE SOUTH 14'04'35" EAST FOR A DISTANCE OF 14.14 FEET;
THENCE SOUTH 59'04'35" EAST FOR A DISTANCE OF 418.16 FEET;
THENCE NORTH 75'55'24" EAST FOR A DISTANCE OF 14.14 FEET;
THENCE SOUTH 59'04'35" EAST FOR A DISTANCE OF 197.77 FEET;
THENCE SOUTH 52'06'39" EAST FOR A DISTANCE OF 315.23 FEET;
THENCE SOUTH 15'27'32" WEST FOR A DISTANCE OF 181.85 FEET;
THENCE SOUTH 17'01'15" WEST FOR A DISTANCE OF 188.59 FEET:
THENCE SOUTH 17'02'53'' WEST FOR A DISTANCE OF 196.87 FEET:
THENCE SOUTH 16'36'32" WEST FOR A DISTANCE OF 178.53 FEET:
THENCE SOUTH 27'12'49" WEST FOR A DISTANCE OF 583.09 FEET:
THENCE SOUTH 26'52'47" WEST FOR A DISTANCE OF 1392.85 FEET:
THENCE SOUTH 29'42'56" WEST FOR A DISTANCE OF 70.25 FEET:
THENCE SOUTH 40'53'47" WEST FOR A DISTANCE OF 22.99 FEET:
THENCE SOUTH 49·45'59" WEST FOR A DISTANCE OF 21.36 FEET:
THENCE SOUTH 54'23'02" WEST FOR A DISTANCE OF 59. 71 FEET:
THENCE SOUTH 57'21'27" WEST FOR A DISTANCE OF 271.07 FEET:
TO A POINT ON THE SOUTHERLY LINE OF TRACT 48;
SAID POINT BEING THE POINT OF TERMINATION.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 173,633 SQUARE
FEET OR 3.99 ACRES MORE OR LESS, HAVING A CENTERLINE LENGTH OF 5,789.99 FEET OR 350.61
RODS MORE OR LESS.
BASIS OF BEARING FOR THE ABOVE DESCRIBED RIGHT-OF-WAY AND
EASEMENT IS NORTH 88'10' 48" WEST ALONG THE NORTHERLY LINE OF TRACT 48 AS DEFINED BY
FOUND GLO BRASS MONUMENT AT THE NORTHEAST CORNER OF TRACT 48, AND FOUND PIN AT
THE NORTHWEST CORNER OF TRACT 48.
SURVEYOR'S STATEMENT:
I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR
IN THE STATE OF COLORADO, DO HEREBY STATE THAT
A SURVEY OF A TRACT OF LAND AS SHOVN HEREON VAS
MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF
DECEMBER 2008 AND THAT OF SAID SURVEY IS ACCURATELY
SHOVN HEREON.
)) ' ~ r, _,, I I '\ I/·'/ ' '
r7', , ·-l/;.1·/~ / (./:' J 1?15/(_.{{/ !/!!µ;;~
GEORGE OLsERT
P.L.S. #27610
FORERUNNER ...... " .....
-~ N A 12622-A -· SSC 3 l 09 12522-1800-802
NE COR
EXHIBIT "A" TRACT 49
30' PERMANENT RIGHT-OF-WAY AND EASEMENT
SAVAGE LIMITED PARTNERSHIP I, TRACT 49,
SECTIONS 19 & 20, T7S -R97W 6TH P.M. /
/
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' GARFIELD COUNTY. COLORADO
R97'W
SEC. 18 SEC. 17
T
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LINE
L 1:
L2:
L3:
L4:
L5:
TABLE
S16 '54'08'\./, 179.17'
S20"30' 48"W, 527.62'
S21 '29'03'\./, 267.20'
Sl 9'22'11 '\./, 82.25'
S20' 42'18'\./, 1704.21'
SEC. 18
SEC. 19
,
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PROPERTY OF
SAVAGE LIMITED
PARTNERSHIP I
TRACT 49
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OFFSET
DETAIL
N.T.S.
I ---· SEC. 17
SEC. 20
POINT OF BEGINNING
BLM
11-.--1--CENTERLINE OF
u j_...,"'--11 PROPOSED
16' PIPELINE
!/ 50' \./IDE' . I;'" TEMPORARY~
// '"-. __ \./ORK AREA ~
N
/,
I /'
j'
BLM
SW COR
TRACT 49
0 150 ft. 600 ft.
CHEVRON
TRACT 52
Colorado State Plane
Central Zone, NA083
PL = PROPOSED LINE
PE = PERMANENT EASEMENT
TE = TEMPORARY EASEMENT
TUA = TEMPORARY USE AREA
~ = FOUND U.S.G.L.O. BRASS CAP
SURVEYOR'S STATEMENT:
I, GEORGE OLBERT, A LICENSED PROFESSlDNAL LAND SURVEYOR
IN THE STATE OF COLORADO, DO HEREBY STATE THAT
A SURVEY OF A TRACT OF LAND AS SHO\IN HEREON \/AS
MADE UNDER MY DlRECT SUPERVISION IN THE MONTH OF
DECEMBER 2008 AND THAT OF SAID SURVEY IS ACCURATELY
SHO\IN HEREON.
LS
.Jr~~=-.J_ 30' \./IDE
862 49'
1329.20'
PERMANENT RH\./.
& EASEMENT
N 87' 45'09' \.I SE COR
TRACT 49
NOTE:
D BAS[S OF BEARING FOR THE ABOVE DESCRlBED RlGHT-OF -\IAY
AND EASEMENT IS SOUTH 02'14'52' \/EST ALONG THE
EASTERLY LINE OF TRACT 49, AS DEFlNED BY FOUND
GLD BRASS MONUMENTS AT THE NORTH\IEST AND SOUTHEAST
CORNERS OF TRACT 49.
2) DATE FIELD SURVEY• 12/23/08
3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
TO DETERMINE O\INERSHIP DR EASEMENTS OF RECORD.
NO TITLE COMMITMENT \/AS FURNISHED IN THE PREPARATION
OF THIS SURVEY.
4)SEE A TT ACHED RIGHT-OF -\IAY DESCRIPTION CSHEET
2 OF 2) \IHICH BY THIS REFERENCE IS MADE HEREOF.
NOTICE:
ACCORDING TO COLORADO LA\/, YOU MUST COMMENCE
ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY \/!THIN THREE YEARS AFTER YOU FIRST DISCOVERED
SUCH DEFECT. IN ND EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED
MORE THAN TEN YEARS FROM THE DATE OF TH[S CERTIFICATION
SHO\IN HEREON.
--SHO'llN 12622-A -· -SSC J JI 09 12622-1800-803
30' WIDE PERMANENT EASEMENT AND RIGHT-OF-WAY
A 30' WIDE EASEMENT AND RIGHT-OF-WAY LYING WITHIN TRACT 49, SECTIONS 19 & 20,
TOWNSHIP 7 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN GARFIELD COUNTY,
COLORADO; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY CENTERLINE AS FOLLOWS:
COMMENCING AT A BRASS GLO MONUMENT LOCATED AT THE NORTHEAST CORNER OF SAID TRACT
49; THENCE SOUTH 02·14'52" WEST ALONG THE EASTERLY LINE OF TRACT 49, FOR A DISTANCE
OF 2668.50 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE;
THENCE SOUTH 15·54'08" WEST FOR A DISTANCE OF 179.17 FEET;
THENCE SOUTH 20·30'48" WEST FOR A DISTANCE OF 527.62 FEET;
THENCE SOUTH 21 ·29'03" WEST FOR A DISTANCE OF 267.20 FEET;
THENCE SOUTH 19.22'11'' WEST FOR A DISTANCE OF 82.25 FEET;
THENCE SOUTH 20·42'18" WEST FOR A DISTANCE OF 1704.21 FEET
TO A POINT ON THE SOUTHERLY LINE OF TRACT 49;
SAID POINT BEING THE POINT OF TERMINATION.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 83,037 SQUARE
FEET OR 1.91 ACRES MORE OR LESS, HAVING A CENTERLINE LENGTH OF 2,760.45 FEET OR 167.30
RODS MORE OR LESS.
BASIS OF BEARING FOR THE ABOVE DESCRIBED RIGHT-OF-WAY AND
EASEMENT IS SOUTH 2'14'52" WEST ALONG THE EASTERLY LINE OF TRACT 49,
AS DEFINED BY FOUND GLO BRASS MONUMENTS AT THE NORTHEAST AND
SOUTHEAST CORNERS OF TRACT 49.
SURVEYOR'S STATEMENT:
I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR
IN THE STATE OF COLORADO, DD HEREBY STATE THAT
A SURVEY OF A TRACT OF LAND AS SHOVN HEREON VAS
MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF
DECEMBER 2008 AND THAT OF SAID SURVEY IS ACCURATELY
SHDVN HEREON.
-~ N A 12622-A -· -SSC J 1 09 12622-1800-803