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HomeMy WebLinkAbout3.0 Conditions of ApprovalSent Via UPS Overnight Mail December 5, 2006 Mr. David Pesnichak, Planning Division Garfield County Board of County Commissioners 108 East 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: License or Permit Bond Revegetation of Pipeline Right -of -Way Westchester Fire Insurance Company Bond No.: K07545307 $182,925.00 Dear Mr. Bean: Williams. EXPLORATION & PRODUCTION Williams Production RMT Company Tower 3, Suite 1000 1515 Arapahoe Street Denver, CO 80202 303/572-3900 main 303/629-8281 fax Enclosed please find original License or Permit Bond K07545307 referenced above in the amount of $182,925.00 dated December 1, 2006. Should you need further information or have any questions, please do not hesitate to contact me at my direct number (303) 606-4355. Thank you for your cooperation. Sincerely, LIAMS PRODUCTION RMT COMPANY Patti E. Rives Administrative Assistant Senior PER:pr Enclosures cc: (W/Encl.) Tom Fiore/Williams-Parachute Office Bond File K04991382 LICENSE OR PERMIT BOND Bond K07545307 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, Williams Production RMT Company One Williams Center, MD 48-6, Tulsa, OK 74172 as Principal, and the Westchester Fire Insurance Company a New York corporation, as Surety, are held and firmly bound unto Garfield County, Colorado 108 8th Street, Suite 201, Glenwood Springs, CO 81601 , as Obligee, in the sum of One Hundred Eighty Two Thousand Nine Hundred Twenty Five and 00/100 Dollars ($ 182,925.00 for which suns, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 1st day of December , 2006 . THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit to do business as for Revegetation of Pipeline Row. by the Obligee. NOW, Therefore, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER; 1. This pond shall continue in force: Until executed by the Surety , or until the date of expiration of any Continuation Certificate OR EX Until canceled as herein provided. 2 This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. Williams Production RMT Company 17 - Sat, Principal Westchester Fire Insurance Company By ` \ �) Melissa Haddick, Attorney -in -Fact 0 Power of Attorney 242032 WESTCJIFSTER IRE INSURANCE COMPANY Know allmen by these presents: That WESTCHESTEIt FIRE INSURANCE COMPANY , a carporation of the State of New York, having its.::.... principal office in the City of Atlanta , Georgia pursuant to the following.. "Resolution, adopted by the Board of Directots of the said Company on November 8, 1999, to "RESOLVED, that the following Rulu shall govern the q*ecuhon tb thGCampmy ofbonds,, untlerlehah ngs, rxcognnancee,kontracls and erWritings in the nature thet oI That the President, anysenior Vitt President, any V.iee Prnsrdent, and Assistsm Vice President, or, any Attontey-m-Fact, m@y execute Por and op behaf(ofi)se Company any and all liends undptakings,fecognivan cootretts'end otler wiitipgsin the nature *WI;the dame to be attested whenPecassaa' by the Cosporme Secretary,or'aoy Ass,atepl CurpgrateSecrelary, and de seal oftha Company sffuedineoto;andthat the President, Any Senior Vrt4Predideot, any Vitet'tesrdeotor any AssistantVk°:Til identptay appomt and auhodee anyottar 0f4ce(ela<te44 appointed) ofthMCompauy,as AttoropysIn-Facto soexe4uteata4ettto:: the execution of elf such writMgs on behalf of the Company and to afnx lieaeal of the Company Ndeto (2) • Any sucb writing executed in accordance with these Rules ahallhoas bmdmgupon the Company in any ease es though signed by the President and attested to by the Corporate Secretary. lbe signature Doha President or a Senior Vice Presidiim ora Via President,or an.AssisWi)ycapresident and the seal otthe Coinpanymay peamxcdtsyfarsimile nsagy power 6,fetiamey grantedpntsuantlo this ReSo 0115, andthesignamtt of a dmufying °Meer and theaeal oT 04 Ce4rpanyimaybe attire byfacsimile totoy cetiificate of goy suyhpoWer, end, any Or a:ee 1iftc to bepnngauch facsimile signature mid sed shall be valid andbinding on IhsCompany 4) Such ether Officetsof the Company and Attorneys-ln-Paxahall have authonty W cpby 4ve4yeopies ofTis Resolution, the By -Laws o{IlioCompany, and any afndava or rscord of the Company necessary tot fie- dischargeofthew dunes (5) Thepassage of(bisReapluuoo doesnol revokeaoyeules authonty.grantedby Resoiuoons ofthe Board of©ireelon Does.hereby nominate, oonsttmte and appoigt TANNIS <MATTSON, MELISSA HADDIGK,,.TERRI L. MCORRISQN; JACQUELINE KIRK, JOEtMARTINEZ. DONALD R. O B.SON, GINA;RODRIGUEZ and ROBERT L. BRUCE all ofthe City of Houston, •Mate of Texas ,each1EindffifinallFffitherebetnaokthatt,onO8thedittsitine,and lateftif attbmey-in'fac4 to maker execute seal and deliver on its behalf, and as its act and•deed any and all bonds;: undertakings; reeognizances, contraots andiother tinting& in the nature thereof in penalties -not exceeding Twenty five Mit ion Dollars ($25,000,00O) andthetxecutipn otsuch writings in pursuanceof these presents shall be as bindinp.upon said Company asfully and amply as if they had been duly executed and ackowledged by the regularly elected officers Orate Company'at its prineipai office. 11b1WITESS,WHEREOF0'the said Stephen M. Haney, Vice�Pfesident, has•hereunto subscribed bis name and affixed thecorparate seal fifth said WESTCHESTER FIR.III INSURANCE COMPANY this25th day afobtober 2006.` 'Oa;; WESTCHESTER;FIRE INSURANCE COMPANY • NNSYL,VANIA COUNTY OF PHILARELPHIA On this 25th day of October; A D. 2{106 . before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Phitadelphra came Stephen M; Haney , Vice-tttesiden• oftheiWESTCHESTER EIREINSURANCE COMPANY ro me personally known to be the mdivtdual and officer who executed the preceding mstrumtnt, and he acknowledged that he executed the s$me, and that lite seal affixed to the preceding mstmment is the corporate seal of said Company, that the said corpomteseat and his signature were drily alliaed by the authority and duecuon of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding histrumett4, is now in'force • . " IN TESTIMONY W H$REOP, I have hereunto set my hand and affixed -my official seal at the City of Philadelphia the day and year first'above written.=i c,', YY1w Stephen M•Daney , Vaee President NOTARIAL SEAL'• Kathleen Tirtl, Nptaty Public Phiiadelpl ia, Phifadelphla County Wy ce amisbion expire9Stplelrrker22,200 I, the undersigned Secretary of WESTCHESTER FIRE INSURANCE COMPANY, dor hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in,1611 force and effect. In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, thisl t . day of December 1'2006 ANDE THISspO W ER OP ATTORNEI' MAY NOT BE: -USED TO EXECUTE ANY BOND George mown.; Secretary WITH:AN TNChPTION DATEAFTER October 25„ 2008 . ■ THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. ■ LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Williams Production. RMT Company, a Delaware corporation, having its principal place of business at One Williams Center, Tulsa, Oklahoma, hereinafter referred to as the "Company", does hereby make, constitute and appoint DAVID ENSMINGER, 1ENORE DUBALDO, SHARON QUIMBY and BEVERLY UTTER, with the full authority hereinafter provided, the true and lawful "Attorneys -in -Fact" of the Company, authorized and empowered on behalf of the Company and in the Company's name, and for the sole and exclusive benefit of the Company and not on behalf of any other person, corporation or association, in whole or in part, to commit the Company under all surety bonds which are used in the ordinary course of business by the Company, giving and granting, individually, unto said Attorneys -in -Fact full and complete power and authority to bind the Company as fully and to the same extent as if signed by the duly authorized officers of the Company; and all the facts of said Attorneys -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, with the qualification that said authority to act shall terminate on December 31, 2006 and shall be expressly limited for the purpose as herein stated. IN WITNESS WHEREOF, Williams Production RMT Company has caused its name to be subscribed and its corporate seal to be affixed this 1 day of p.,C,,n.n•bGT 20 htp. Attest: Bpi : . Shore Secretary Williams Production RMT Company Chairman of the Board CERTIFICATE I, the undersigned, Corporate Secretary of Williams Production RMT Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is in full force and effect on the date of this Certificate, and the Chairman of the Board who executed the said Limited Power of Attorney was and is a duly elected officer of Williams Production RMT Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of Williams Production RMT Company to these presents this 1 day ofTetpa Sar- 20 b10 . [SEAL] Brian K. Shore Secretary Fni COLORADO DEPARTMENT OF TRANSPORTATION UTILITY / SPECIAL USE PERMIT APPLICATION Please print or type Instructions: Complete this form, attach all required documents, and submit it to the appropriate Permit Office. To determine which documents are required, refer to the reverse side of this form and/or contact the Permit Office. You must submit all required documents or the application will be deemed to be incomplete and will not be accepte, 1lefse t o ft4 ( npleted forms or documents. ykJ Li! Permittee: property or utility owner Name Williams Production RMT Address P.O. Box 370, Parachute, CO 81635 01,1 0 4 2006 OARHELD COUNTY BUILDING & PLANNING Contact person Tom Fiore Telephone 970/263-2743 Applicant if other than permittee Name Wagon Wheel Consulting, Inc. Address 111 E. 3rd Street, Suite 213, Rifle,C0 81650 Contact person Cody W. Smith Telephone 970/625-8433 Activity Description: (furnished by permittee) Purpose of Utility Permit ® Installation ❑ Adjust/relocation ❑ Removal ❑ Maintenance or existing facility Facility (type, size, class of transmittant, design pressure or potential, etc.) New 12 inch high pressure natural g a s pipeline. Pipeline will be constructed using .5no" W.T. Fusion Bond Epoxy pipe. Installation will include -directional bore of Hwy 6 & 24 and I-70. Then continue for 6/10 of mile. egst Nature of Installation ta Longitudinal (parallel) ❑ Buried* ❑ Attach to Highway Structure #: big Transverse (crossing) ❑ Aerial/Ground-mounted Purpose if for other than Utility Permit (i.e. Special ❑ Landscaping ❑ Survey Use Permit) ❑ Spill Cleanup ■ Site Restoration a Construction within right-of-way ■ Other (describe) State Highway No. Hwy 6&24 and I-70 County Garfield City/Town Parachute Location relative to SH milepost(s) Locate approximately 1/10 mile east of Milepost #73 Location relative to intersecting feature(s), e.g., cross street, str. #, etc. Located approximately 1.6 mile west of County Road 215. Intended start date and planned duration of work Project is scheduled to begin in October of 2006 and will continue for approximately 3 weeks, with weather permitting. Additional remarks Pipeline will be installed to allow for a minimum of 5 ft. of cover above pipe. Pipeline will be installed to meet all DOT and API Specifications If Permittee will own or operate underground facilities in State Highway rights-of-way: Indicate contact person for underground location information: Williams Production RMT (Brad Moss) Telephone 970/285-9377 'Notice to Excavators: You must notify owners or operators of underground utilities at least two (2) business days prior o making or beginning excavations in the vicinity of such utilities, as required under Section 9-1.5-103, CRS. CALL UTILITY NOTIFICATION CENTER OF COLORADO (UNCC), 1-800-922-1987, FOR MARKING OF MEMBER UTILITIES. Contact non-member utilities directly. Page 1 - See Reverse Side For Additional Instructions Printed 12/03 editions of this form may be used until supply is exhausted. CDOT Form #1233 01/04 Application requirements — submit with completed application form Submit required application documentation in sets of four— collated 1. LETTER OF REQUEST (on letterhead of City or Utility Company) as necessary to: a. document that the owner concurs in the application, if the applicant is other than the permittee; and /or b. more fully describe the nature of the proposed work, status of required clearances (see item 5 below), etc. 2. PLAN AND PROFILE clearly showing the following: a. Distance of the proposed work or facility from right-of-way (ROW) line. b. Distance from S.H. milepost and intersection streets. c. *Distance line will be within ROW, or if it crosses ROW. d. *Facility type: (Water, Gas, Phone, Power, Fiber Optic cable, Oil, etc.). e. *Nature of installation: (buried, overhead, or attached to a highway structure). If attached to a highway structure, submit a separate drawing, indicating the structure number, And showing attachment details. *If application is for Utility Permit 3. TRAFFIC CONTROL PLAN (required on all operations) that conforms to the "Manual on Traffic Control Devices for Streets and Highways" (Part VI). 4. INSURANCE REQUIREMENTS: a. A permittee shall ensure that all permitted operations, whether performed by the permittee or by subcontractors, are adequately and continuously covered by liability insurance. The types and minimum amounts of insurance acceptable to CDOT are as follows: 1. Workers Compensation Insurance in accordance with prevailing laws. 2. Comprehensive General Public Liability and Property Damage Insurance: Combined Bodily Injury and Property Damage $150,000 per person $600,000 each occurrence 3. Comprehensive Auto Liability and Property Damage Insurance: Combined Bodily Injury and Property Damage $150,000 per person $600,000 each occurrence b. Certificate(s) of Insurance from permittee and/or subcontractors' insurance carrier(s), naming Colorado Department of Transportation as additional insured party, shall be furnished. 5. ENVIRONMENTAL CLEARANCES: It is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances Information Summary presents contact information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the CDOT Planning/Construction-Environmental-Guidance webpage htto://www.dot.state.co.us/environmental/Forms.asp. The I etter of request for a Utility or Special Use Permit must include a discussion of the status (e.g. application submitted, permit received, etc.) of any clearances that apply to the applicant's activities. Utility or Special Use Permits conditionally require compliance with all applicable regulations — including environmental regulations, and all clearances identified in the applicant's letter of request must be obtained prior to commencing work. Return completed application plus all required enclosures to Office, at one of the following addresses as appropriate to thi olorado Department of Transportation, Attn: Utility Permit s permit Region 1: 18500 East Colfax Avenue Aurora, CO 80011 303-757-9157 Region 3: 222 South 6th Street, Room 100 Grand Junction, CO 81501-2769 970-248-7230 Region 5: 1205 West Ave., Box A (Alamosa) Alamosa, CO 81101 719-589-3616 Region 6: 3401 Quebec Street, Suite 8400 Denver, CO 80207 303-377-6602 Region 2: 905 Erie Avenue Pueblo, CO 81002 719-546-5433 Region 4: 1420 2nd Street Greeley, CO 80632 970-350-2111 Region 5: 3803 N. Main Ave., Suite 300 (Durango) Durango, CO 81301 970-385-8360 Page 2 CDOT Form #1233 01/04 Wagon Wheel Consulting WWC 111 East 3r1 St, Suite 213, Rifle Colorado 81650 TRAFFIC CONTROL PLAN - Parachute to Noble Pipeline — Pipeline Installation REV NO: NUMBER: DATE: SHEET: OF , ' t 1,500 )raD51 n T • 500 1 S.t 500 SHOULDER I1 WORK 1,500 i mane WORK as0 jm �P. p0-I- ' ..-.• RI m 0 I* _0 -n — c ZC= I 13. G) O G) a ( Z Z O ? Q0 Q cn n Z -, O a a { O (,) _c u 1D w 1 x PI mn rn Iv Q7 , N. (D O mc:)) r *{ ( (D O * n N0-1 O 7 C1 x* O W am C Z O (D ** *. W '--f N O ■• 1 v * co 0 N r r 0 1 n 3 W "'{ IL `` C ,. * * 3 I) O i m * * O z * Z * p o 0 f * -] N ,*t * ' I 17. IP -o * * * IP In * * * * * r I * EP t * i * j * .1 U-1» IV -n Ln ( w r- r * -no r o DW D \r \ * O * O 7 * C7 * OZ * E * * * * o a * Im O 0 -64 D ** m r * * co * N * O coo * O R3 O 0 O O 0) 0 f co 93 Security features. Details on back. 'JUI. V. LUUU 1. V II l.1 II V, VJJJ RIGHT-OF-WAY AND EASEMENT AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD Solvay Chemicals, Inc., a Delaware corporation ("Grantor" herein), 2717 County Road 215, Parachute, CO 81635, for and in consideration of the sum of ten dollars and other valuable considerations, the receipt and adequacy of which is acknowledged by Grantor, to the Grantor in hand paid by Bargath Inc. Go Williams Production RMT Company, a Delaware corporation ("Grantee" herein), 1089 County Road 215, Parachute, CO 81635, does hereby grant and convey, without warranty of title, either expressed or implied, to said Grantee, its successors and assigns, an easement fifty feet (50') in width (being 25 feet either side of the centerline described herein) (hereinafter called "Easement") to locate, survey and resurvey, construct, entrench, replace, maintain and operate natural gas pipelines, over, under, across and through lands of the Grantor, approximately along the centerline shown by Exhibit "A" and Exhibit 'B" (the center of the pipeline as actually constructed and located to define the centerline of this right-of-way and easement) , attached and incorporated into this agreement by this reference, along with any necessary appurtenances including without limitation valves, cathodic equipment and appurtenances thereto, (said pipelines, valves, cathodic equipment and appurtenances, being hereinafter sometimes collectively called the "Facilities"), and in addition, Grantee shall have the right to use (a) an additional temporary work space during the construction, maintenance, repair, replacement and removal of the Facilities or any part thereof, which shall be an additional width of twenty-five feet (25') along the permanent easement. Grantee shall be responsible for obtaining any and all permits required by local, county, state or federal agencies prior to commencement of construction. Prior to construction, Grantee shall pay to Grantor additional consideration as set forth in that certain Confidential Agreement as to Additional Consideration referencing this Right -of -Way and Easement Agreement, of even date herewith between the parties, the terms of which confidential agreement are Incorporated into this instrument by this reference. The grant of this Right -of -Way and Easement shall in no way hinder, prevent or interfere with Grantor's current or future industrial development operations on this or adjoining property. These lines are for the sole purpose of transporting natural gas or other hydrocarbons over, across, under and through the land along the fines designated by survey of the proposed route attached hereto as Exhibit "A". Upon completion of construction, Grantee shall furnish to Grantor a reasonable "as -built" survey description of the Facilities, to which all provisions of this agreement shall then apply. Grantee shall notify Grantor at least fifteen (15) days prior to commencing or allowing any construction within the specified Easement. With regard to the crossing of any railroad lines, all such crossings shall be bored and cased so that the top of said casing lies at a minimum depth of six feet (0') below the then -existing surface grade. All ingress and egress to and from, and access on and along said Right -of - Way will be coordinated between the Grantee and the Grantor. Grantee shall conduct the construction, inspection, repairs and maintenance in a manner that will cause the least practicable damage and inconvenience to Grantor. Subject to termination as provided herein, the rights and obligations shall be continuous. Should Grantee or its successors and permitted assigns fail to RECEIVED OCT t► 6 ZUUU GARFIELD COUNTY Y BUILDING & PLANNING .,v. VJJJ use the Facilities for the transportation for natural gas for any continuous period of twenty-four months, the rights granted herein to Grantee shall terminate. Grantee may, at any time or from time to time, remove Facilities and upon permanent abandonment or termination as provided herein, shall execute and record a re -conveyance and release, Upon termination Grantee shall restore and reclaim all land included within the Easement affected by Grantee's activities to its equivalent prior condition, Such restoration and reclamation shall include, but not be limited to, the removal of Facilities located on the surface of the ground. I In the sole opinion of Grantor such Easement, including any Facilities, or the operations of the Grantee thereon, interferes with any present or reasonably near-term operations of Grantor or any related company, Grantee agrees to relocate such Easement including any related Facilities to a location on nearby lands of Grantor mutually agreeable to Grantee and Grantor. Grantee retains the right to relocate to other lands not owned by Grantor. If such Easement Is relocated to lands owned by Grantor then such easement shall exist under the same terms es this agreement. Any relocation to other lands of the Grantor shall be completed within 180 days of agreement of a mutually acceptable alternate location, or If Grantee elects to relocate to lands not owned by Grantor, within 180 days of such election. Grantee shall have sbdy (60) days from such request of Grantor to make such election. After such relocation, Grantee shall as soon as practicable restore the Easement lands to their condltion existing prior to construction of the easement, according to law and the further terms of this agreement. Grantee will provide Grantor at the completion of relocation and end of Grantee's use, a release of that portion of the lands previously occupied and used by Grantee, but not used by Grantee after such relocation. All relocation shall be at the sole risk, cost and expense of Grantee. Grantor reserves the right for itself, its assigns, and subsequent grantees to the use of enjoyment of said Right -of -Way, Easements and Facilites, provided such use shall not unreasonably interfere with Grantee's rights hereunder, Including the right to have Grantor's or its assigns' facilities across/through the Easement in such a manner which shall not unreasonably Interfere with Grantee's then existing use of its Easement. No such facility shall cross Grantee's Easement without Grantee's prior consent, which shall not be unreasonably withheld. Grantor shall notify Grantee at least thirty (30) days prior to commenting or allowing construction of any such crossing which Grantor proposes to install or construct and shall be entitled to install or construct such crossing unless Grantee, within ten (10) days after receipt of such notice, specifies a reasonable alternative depth or route, in which case the Grantor, shall use the alternative depth or route so specified. Grantee's silence shall be deemed consent. Whether or not taxes, assessments or public charges are separately assessed against Grantee, it shall pay taxes, assessments or public charges levled or Imposed upon Its Right -of -Way and Easement or upon other personal property, Improvements or fixtures owned or placed by it within the Right -of -Way and Easement subject to Its right to contest same, provided that In no event shall Grantee permit its Right -of -Way and Easement to be sold for tax purposes. In the event said taxes, assessments or public charges are not separately assessed, then promptly following written notice from Grantor, Grantee shall reimburse Grantor for any taxes, assessments or public charges attributable to its Right -of -Way and Easement. Grantee shall keep its Right -of -Way and Easement free and clear of all liens or encumbrances at all times, subject to its right to contest same, provided, however, that the lien and encumbrance of Grantee's general mortgage and indenture shall not be affected by this provision, if said mortgage Is subordinated to Grantee's obligation under this Right -of -Way and Easement. 2 ue,. V. CUUU 1.Uorn VJJJ 1. VI Grantee shall have the non-exclusive right to mark the location of its Right -of -Way and Easement by suitable markers set on the ground. Grantee shall construct, operate, and maintain Its Easement in a safe, clean, lawful and workmanlike manner and in accordance with accepted Industry standards including, but not limited to, the following: a. No private vehicles will be allowed on Solvay Chemicals, Inc. property. b. Laydown areas will be subject to Solvay Chemicals, Inc. approval and will be within Construction Easement as much as possible. c. No new roads are to be constructed. Current roads will be maintained and cleaned up, before and after pipeline construction, to Grantor's satisfaction. d. All applicable permits must be obtained by Grantee In a timely fashion. e. Following any such construction, Grantee shall rehabilitate the Right -of -Way across the property. Except for that area where pipelines crosses irrigated fields, rehabilitation instructions will be as follows: The slopes shall be graded back to be stable and fertilized, seeded and mulched for revegetation. On the overall pipelines a seed mixture shall be as listed, fertilized as listed end some areas of critical concern shall require mulching. Seed Mixture Required Per Acre: Pounds Pure Live Soedes Origin Seed Der Acre Western Wheatgrass Rosana 4.0 Basin Wildrys Magner 2.0 Sldeoats Vaughn 2.0 AIkaII Sacaton 1.0 Fertilizer Required Per Acre: 250 bulk pounds 48-0-0 Irrigated fields will be reseeded to match existing established crops. Any agricultural lessee of affected property shall be reimbursed for actual loss of production due to pipeline construction or operations. f. Grantee shall bury any subsurface Facilities at least to a depth of forty-two (42) inches from finished grade, except in areas in which consolidated rock is encountered. In such consolidated rock, Grantee shall bury any subsurface Facilities at least to a depth of twenty-four (24) inches from finished grade except where such burial is not feasible due to extreme terrain. g. Grantee shall provide casing for any pipeline within heavy load crossing access routes, as reasonably designated by Grantor, from time to time, or at Grantee's option, shall bury sald pipeline to a depth sufficient to accommodate heavy load crossing routes. h. Grantee shall install a reasonably adequate cathodic protection system upon right of way furnished by Grantor. Such system shall be coordinated with other facility owners' cathodic protection systems for similar facilities. I. Grantee shall maintain current as -built drawings for subsurface Facilities within the Easement and turnouts and crossovers from the 3 Viol, V. LUUV I.VUIN ,v, UOJO ,, J. Easement. Copies shall be furnished to Grantor, and filed with the Garfield County Planner or other applicable county authority. k. Grantee agrees to obtain and maintain insurance acceptable to Grantor which is primary to any other Insurance or self-insurance and which names Grantor as additional insured with respect to liability arising out of Grantee's performance hereunder and includes a Severability of Interest Clause (Cross Liability) which Additional Insured Endorsement shall not exclude or restrict coverage based upon the alleged or actual negligence of the Additional Insured. Such insurance shall at a minimum include: 1. Commercial General Liability Insurance Form or the equivalent with the Amendment Aggregate Limits of Insurance Endorsement CG25031185 covering Grantee's contingent liability, Premises Operations, Completed Operations and Products Liability, Contractual Liability, and If requested by the Company, liability arising from explosion, collapse, or underground property damage, all with a minimum combined single limit of $1,000,000 each occurrence, $2,000,000 Aggregate for Bodily Injury and Property Damage including personal Injury. 2. Comprehensive Automobile Liability Insurance or Business Auto Policy covering all owned, hired, or otherwise operated non -owned vehicles with a minimum combined single limit of $500,000 each occurrence for Bodily Injury and Property Damage. 3. Workers Compensation insurance as required by law, covering all states of operation, and Employers Liability Insurance with a minimum of $1.000,000 each occurrence. Grantor reserves the right to change Its minimum Insurance requirements. Before commencement of construction, Grantee shall furnish Grantor with Policies or Certificates of Insurance acceptable to Grantor confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Grantor. Subrogation against Grantor shall be waived as respects all of the Insurance policies set forth above (including but not limited to policies of any subcontractor). An Alternate Employer Endorsement may be substituted for the Additional Insured Endorsement only with respect to Workers Compensation Insurance end Employer's Liability Insurance. The insurance required hereunder in no way limits or restricts Grantee's obligations under the "Indemnity section below. Further such insurance shall be in no way limited by any limitation expressed in the 'Indemnity section below, nor any limitation placed on the Indemnity therein gtven as a matter of law. No deductible or self-insurance is permitted without written approval of Grantor. I. Grantee agrees to release, protect, defend, Indemnify, and hold Grantor, Its parent, its subsidiary and/or affiliate companies, and the respective employees, officers, directors, or agents thereof, free and harmless from and against any and all claims, liability, demands, and causes of action of all kinds, including but not limited to claims of damage to or loss of property of Grantor or others, illness or death (herein after "Claims") arising out of Grantee's performance hereunder, whether Grantor is negligent, actively, passively, or not at all, or Grantor is alleged or proven to be absolutely or strictly liable or to have breached any duty or warranty (express or implied) except to the extent such Claims are shown by final judgment to have been caused by the sole active negligence or willful misconduct of Grantor. The Insurance requirements herein shall not be construed to limit this indemnity. It shall be effective to the maximum extent permitted by applicable law. Grantee shall be solely responsible for the defense of any and all Claims hereunder including, but 4 V. Lt/VV t. VV.o , v VJJJ V' J not limited to, Claims by any employee of Grantee or any employee of Grantee's subcontractor alleging the willful misconduct or sole active negligence of Grantor. The parties agree that should any court of competent Jurisdiction determine that the Indemnity required herein exceeds, in extent, scope or amount that which Is permitted by applicable law, such Indemnity shall be construed, interpreted, and enforced so as to preserve the maximum indemnity which is permitted thereby. Notices under this Agreement made by one party to the other in writing by properly addressing and placing such notice postage prepaid In the United States mans, by telegram, by telex, or by delivery in person to the following addresses: TO GRANTOR: Solvay Chemicals, Inc. 2717 County Road 215 Parachute, CO 81635 Fax: (970) 285-6393 TO GRANTEE: Bargeth Inc. do Williams Production RMT Company 1089 County Road 216 Parachute, Colorado 81635 Fax: (970) 285-9573 A notice given under any provision hereof shall be deemed given only when received by the Party to whom such notice is directed, except that any notice given by United States registered or certified mail or by telegraph properly addressed to the Party to whom given, with all postage and charges prepaid, shall be deemed given to and received by the Party to whom directed seventy-two (72) hours after such notice is filed with an operating telegraph company for Immediate transmission by telegraph. The address of each Party as set forth shall be deemed its proper address until ten (10) days after the other party's receipt of notice of the giving party's new address. This Right -of -Way and Easement shall be governed by and construed In accordance with the laws of the State of Colorado. The covenants contained in this Right -of -Way and Easement shall survive any assignment, surrender or termination of the Right -of -Way and Easement, and this Right -of -Way and Easement shall be binding upon the successors and permitted assigns of both parties hereto. This Right -of -Way and Easement and the rights hereunder shall not be assigned by Grantee without the prior written approval of the Grantor, which approval shall not be unreasonably withheld. The failure of either party to insist on strict performance of any of the Rights -of -Way and Easements, covenants, terms and conditions hereof shall not be deemed a waiver of any rights or remedies that such party may have for any subsequent breach, default or nonperformance. Executed on the dates shown In the acknowledgments, but effective for all purposes as of October_ 2006. 5 V I, V. VVVV I•V,nit. Solvay ChemIs, Inc. By: arc Nuchelmans Its: Senior Vice President Solvay Chemicals, Inc, Bargath Inc c/o Williams Production RMT Company By: Joseph P. Barrett Its: Assistant Secretary Acknowledgment page for that Right -of -Way and Easement Agreement with effective date of October _5 , 2006: COUNTY OF kie.A!<x0 STATE OF I o ) ss. -4145•0 Before me, on this S day of October, 2006, the foregoing instrument was executed by Marc Nuchelmans known to me to be the duly authorized Senior Vice President of Solvay Chemicals. Inc. Grantor, and acknowledged said execution to be the signer's free and voluntary act and deed on behalf of said Grantor. for the uses and purposes therein se4 forth. Witness my hand and official seal. My commission expires 3117.1 Os) COUNTY OF DENVER ) ) ss. STATE OF COLORADO ) 7aA24...kl.. -1 Nolary Public: MARIE 0. JOHANSEN aorluw wxw stAgq se tSXxa My CerenSion akMxEE MARCH 12, 2001 rr - Before me, on this day of October, 2006, the foregoing Instrument was executed by Joseph P. BarrMt Known to me to be the duly authorized Assistant Secretary of garoath Inc. cfo Williams Production RMT Co. Grantee, and acknowledged said execution to be the signer's free and voluntary act and deed on behalf of saki Grantee, for the uses and purposes therein set forth. Witness my hand and official seal. My commission expires: 6 Notary Public 0.1. 0. LUUO I:usrm YU. 0s3s r. 0/s GARFIELD COUNTY COLORADO SECTION 2, TOWNSHIP 7 SOUTH, RANGE 96 WEST AYFRitAN SOO1 LLP. er 34 35 00.4 ori 312 FND WQSC PROPOSED 30' BARGAIN PA 2.5" BRASS CAP _ 1 lam- N 0710'41" W 515'± (2) EXISTING 6" WILLIAMS LATERAL APPROX. N 75'30'46' E 714'± FND N QSC %-a- 2.5" BRASS CAP 3 (GR.128) AMERICAN BORA, LLP. 210902200148 a N 51'46'33" W 2194'± 35 36 2 1 FND NE SC 3.5' BRASS CAP/ N 51'32'33" w 1043'± N 57.51'54' W 174'± FND SE SC 2 I 3.5' BRASS CAP I N FND E QSC 3.5" BRASS CAP NIERICAN SODA LIP. Ip 1FND SW SC 3.5' BRASS CAP FND S QSC 2.5 BRASS CAP APPROX. N B8'21'19" E 1351'± NOTE: 1. ALL DATA IS APPROXIMATE AND SHALL BE FIELD VERIRED PER AS—BUILT SURVEY. 2. FOR SURVEY UNE DESCRIPTIQN SEE ATTACHED 3. ZONE: CO CENTRAL NAD83 US FOOT 4. PROPOSED LINEAR FOOTAGE = 3929ft/238,12± ENEERCA SIGNATURE DATE DRAWN DN MINN DESIGNED DN 98"19118 CHECJCED APPROVED CUENT SIGNATURE DATE REVIEW APPROVED IRAWNG NO: S.—e .0.8. 11 1 12 OH -130 SARAH OD._& HOWARD EXHIBIT "A" Attached to and made a part of that certain Right -of - EXHIBIT Way and Easement Agreement dated October,, 2006, by and between Solvay Chemicals, Inc. and Bargath RODS. Inc., c/o Williams Production RMT Company. E RCA ENGINEERING. memo NNdAgtr9RnmN ONIMP M TOM Myr MINOT 4tlmE �pl1� sNMOLE mNAMIG14TO ONME MANMnto nensiNWrr. lon CM'S {Pm/ uguAlm ynobadto writs. nunic mum casiwrae cssae= OIOI �E In IM1MmlfnlvN PROPERTY EXHIBIT CO.OR-1D5 REV O 'SCALE P41007 EXHIBITA TRACT GR -135 AMERICAN SODA, LIP. 1•0011111011W00. vU , U. e. 1.1111.1 1 uyra 1114 0 ;1J 1. �/ y STATE OF COLORADO COUNTY OF GARFIELD EXHIBIT"B" Attached to and made a part of that certain Right -of - Way and Easement Agreement dated October,, 2006, by and between Solvay Chemicals, Inc. and Bargath Inc., c/o Williams Production RMT Company. A 50 foot wide easement, being 25 fat to West side and 25 fat to East of a Survey Line, and extending over, through, along and across parcel of land in the Section 2, Township 7 South, Range 96 West of the 6'" P.M., Garfield County, Colorado. Said Survey Line being described as follows: Beginning ata point on the South line of said property in said Section 2, said POINT OF BEGINNING being North 88'21'19" East, along the said South Section line 2, a distance of approximately 1351 feet from a found 2.5" Brass Cap, which marks the South Quarter Section Comer of said Section 2; THENCE, approximately North 57°51'54" West, a distance of 177 feet to a point; THENCE, approximately North 51°3233" West, a distance of 1043 feet to a point; THENCE, approximately North 51°48'33" West, a distance of2194 feet to a point; THENCE, approximately North 02°10'41" West, a distance of 515 feet to a POINT OF EXIT, said point being North 75°30'46" East, a distance of approximately 714 fat from a found 2.5" Brass Cap which marks West Quarter Section Corner of said Section 2. Said Survey line being 3929 feet, more or less, or 238.12 rods in length An additional 25 foot temporary construction work space being parallel and on either side adjoins to the described permanent easement. SEE ATTACHED EXHIBIT "A", OR -135 PAGE 1 OF 1