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HomeMy WebLinkAbout1.2 ApplicationCommonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-33001 Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: May 18, 2009 To: Western Field Services Attn: Shane McCoy Phone: 970 985-8246 Fax: Re: / Chevron U.S.A. Inc. Thank you for your order. Enclosed please find the following in connection with our File No. 0905091 CHEVRON: ❑ Commitment ❑ Title Policy O Endorsement O Tax Certificate O Other Copies Sent To: COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0905091 CHEVRON 1. Effective Date: May 1, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $0.00 Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Chevron U.S.A. Inc. 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Owner's Policy Standard Coverage $1,000.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0905091 CHEVRON EXHIBIT "A" A Portion of the Following Described Parcel to be determined by Survey: Township 6 South, Range 97 West of the 6th P.M.: Section 1: SW1/4 (Gem No. 2 Placer Mining Claim) SE1/4 (Gem No. 1 Placer Mining Claim) Lots 13 and 14 (part of Gem No. 8 Placer Mining Claim) Township 6 South, Range 96 West of the 6th P.M.: Section 6: Lots 7, 8, 9, 10, 13, 14, 15, 16, N1/2SW1/4. Section 5: Lot 4 (part of J. B. No. 1 Placer Mining Claim) Lot 5 (part of J. B. No. 2 Placer Mining Claim) Lot 12 (part of J. B. No. 3 Placer Mining Claim) File No. 0905091 CHEVRON SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an Informational Only Commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 0905091 CHEVRON SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record, 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded in Book at Page . 10. Reservations, conditions and stipulations contained in United States Patents, including but not limited to the following: -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on the date as set forth in the patents; -That should any vein or lode of quart or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last named date, the same is expressly excepted and excluded from these presents as described in the patent; Reservation of a right of way for ditches and canals as constructed by the authority of the United States; and oil, gas and mineral reservations by the United States in said Patents. 11. Conveyance of an oil and gas royalty to Rea L. Eaton, et al,, as more fully described in Royalty Deed recorded May 3, 1956 in Book 292 at Page 458, and any and all interests therein or assignments thereof. 12. Terms and conditions of Oil and Gas Lease by and between Barrett Resources Corporation , as Lessor and Chevron Shale Oil Company, as Lessee, recorded September 21, 1987 in Book 721 at Page 96 and any and all interests therein or assignments thereof. 13. Terms, conditions and all matters set forth in Agreement by and between Chevron Shale Oil Company and Colorado Timber and Land Company evidenced by Memorandum recorded October 7, 1999 in Book 1154 at Page 467, 14. Terms, conditions and all matters set forth in Agreement by and between Chevron Shale Oil Company and Colorado Timber and Land Company evidenced by Memorandum recorded October 7, 1999 in Book 1154 at Page 472. 15. Terns and conditions of Oil and Gas Lease by and between Chevron U.S.A. Inc., as Lessor and Petroleum Development Corporation, as Lessee, recorded March 18, 2003 in Book 1447 at Page 573 and any and all interests therein or assignments thereof. 16. Terms and conditions of Oil and Gas Lease by and between Chevron U.S.A. Inc., as Lessor and Petroleum Development Corporation, as Lessee, recorded March 18, 2003 in Book 1447 at Page 585 and any and all interests therein or assignments thereof. (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE N/A TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 0905091 CHEVRON SCHEDULE B - SECTION 2 (Continued) 17. Non-exclusive pipeline right of way and easement granted to Petroleum Development Corporation described in instrument recorded April 13, 2007 in Book 1913 at Page 441. 18. Non-exclusive pipeline right of way and easement granted to Marathon Oil Company described in instrument recorded July 16, 2007 in Book 1950 at Page 481. 19. Terms, conditions and all matters set forth in Connected Road Right of Way Grant and Easement recorded December 6, 2007 at Reception No, 738783. 20. Terms and conditions set forth in Special Use Permit recorded December 11, 2007 at Reception No. 739021. 21. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-03 recorded January 8, 2008 at Reception No. 740789. 22. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-27 recorded February 21, 2008 at Reception No. 743337. 23. Non-exclusive pipeline right of way and easement granted to Berry Petroleum Company as described in instrument recorded September 15, 2008 at Reception No. 755674, 24. Terms, conditions, rights of ingress and egress, and all matters set forth and described in Garden Gulch Road Upgrade Agreement recorded January 30, 3009 at Reception No. 762463. 25. Terms, conditions and all matters set forth in Administrative Permit for Temporary Housing recorded November 26, 2008 at Reception No. 759314. 26. Basements and rights of way for all ditches, laterals and canals. 27. Apparent lack of a right of access to and from the subject parcel. • 4,b ftibi..eti3a'ofTen.Dollars (#10.00) and other good and valuable e• ton;;fo%:the said. party of the first part in hand paid ty s_aalikparties,pf the'segond part, the receipt.rhereof is hereby loll} Regtriowledged, does, subject to all of the provisions .-1 rant,-:pargaini-sell, convey and confirm unto the parties the'. a4tonit.O_ar:Sj. their heirs and Ensigns forever, in the propor- 't '' r'•`ro1:_below,-an oil and gas royalty in value measured by ✓ e u9.:.to'two and one half per cent (21%) of the narket value of oil•andsgar•that may be produned through conventional oil wen !ling asethode and saved and sold from all formations below the e of the Green River Formation of Eocene Age underlying, the fol- ingdescribed lands situate in the County or t•arfield ami State iSior.do,- to=Mite-'` ' ▪ 8.,_11. 97 W., 6th P. M. • "Pratt. 1 .. SSI of Section 14 Pratt.#2 - SW of Scotian 11i Pratt #5 - Mit of Section 14 Pratt 6 - NEI of Sretion 14; Pratt *11- NW of Section 11 • Pratt #12-- MS* or Section 11 -'containing 960 acres, wore or less; • Hook 292. Page .4 $ The Gem Ne. 1 claim, Laing thn-SE of Seo. 1. The 0cr.: !o. 2 claim, being the. SW of Sec..1 The ren No. 3 claim, being the SE of Sec. 2; . The Com Ho. 4 claim, being the SH Of Sec. 2;' The Gta N. 5 claim, being Lots 9, .10, 15 and . 16 I' Sea. 2 Thn flem No. 6 claim, being Lots 11, 12, 13 and 114 in Soc. 2. The Cep ro. 7 e,lalr, teire Lots 9,.10, 15 and 16 In yea. 1. 71-r. {:':n NO. ° eluir., beim, Lots 11; 12;,'..13 'and :; in sec. 1. The Cem l:o. 9 cla+.m, being the Sorith 'k1 acrea4' =". or Lot 5, the South 40 acres of Lot'- 6,':.iihe`=.; South 40 acres of Lot 7 and the. South -46, r ' :...' acres es o(' Lot B, Sc. 1 (now Lots 21,-22,i23,- 24 ' The eem No. 10 claim, being the South'140 cares:: of Lot 5, the South 40 acres of -Lot -.6,. the:-',: South 40 acres of Lot 7 and the South 44. Acres of Lot 9, Sec..2- (now LOte,:21, 22,':23, & 24 of Sea. 2). . The Col -enmity re. 1 claim, being the E .gof ' `' Sec. 12• i '-};, T. 6 S., R. 96 W., 6th P. N. • Irani valley No. ? Placer Mining .Clain; being.' the SN; eC 3cc. 7. '• - °rani. valley No. 0 Placer 1lit:lrg Claim, being the } SE/ And Lots 3 and 4 of Sec. 7. ..tntnIr. '090.10 acres, more or less.; • Said royalty shall be free and clear of all coat° of'mining, Inc, producing and saving said oil and gas, but ahall.be aubject to the proportionate burden of taxes levied upon the severance, production or wale of said oil and gas. Said.royaity shall be • paid monthly, but shall not he based upon any such oil or gas used for drilling or operation purposes or unavoidably lost. The above conveyance of said oil arid gas royalty of two and one-half per cent (2i%) of the market value of all oil and gas produced, saved and marketed is based upon the_following distinct and express; understanding and agreement, namely, that it does not Include oil shale or oil, gas or other minerals or deriva- tives secured through oil shale operations from any formation and 1s limited to oil or gas secured through conventional oil well drilling operations. It is further distinctly understood and a;;reed that said royalty shall attach only to oil and gas that may be actually produced from any formation below the Green River •p��e ...j -fii:'...t.'' .f i ' 4':i-1.*: - _2_ • . Oh- rind that • th0e- ,hall1 be no Obligation , : -*`;�?- ► � • rat'part,.'itr suebeeaora orF aeeigns, "at• • ;� � T' SOA' to or' gas at. anytime p}�aee-or at, all, and• thatoy said r �alty shall ip 140001naa. only it party of tihe'• first part, its sue-' isbignd;•'ehall in its or their sole discretion drill idand,by.itself or through lessees through methods and ceOure _ produotion .til base. of the.Oreen River Formation of Eocene tom_,:. - 4 ► TO:HO D the above deeoribed royalty and the d. 1spefits appurtenant thereto herein granted .:Seom4•parties, their heirs and aesigne•forever in pk onions,; torwit : l •r :I Y;... tip_'• •,l Undivided 27�yd -�toni Undivided 2796 H.t."$aton Undivided 15 Undivided -15% 10Undivided 159 FS •party does hereby bind itself, its successors ►gran`, sand forever defend ail and singular said ?ib r�ghs, privileges and benefits -appurtenant thereto d:untothe-said second• parties, their heirs and assigns, •-pereon,whomsoever lawfully claiming or to'claim the • fart thereof, by, through, or under party of the fi.-Et WITNESS WHEREOF this instrument is executed the day ;t above : dLtten. EATON SHALE COMPANY By ����� COUNTY 0? Ds. Book 292•::•;. Page 461'. The foregoing instrument was acknowledged before.me • this t ' day, o f .___AL____, 1956, by T. a�Q , Vw. President and hss�zstent �H9 as/Secretary..oe, .•. BATON SftALE COMPANY, a corporation. w .••I4 cosmission expires • .44% t4�'Q l'siti 1tnese my hand and *Official seal.... _...__.-_. -7- -•— r;; ANY; a. lorporation_dily organiled in • ree:.Of the laipof the gtste,--ofamioradO, Mart -andfillii L1 EATON, whose addreas le1406'Gharlton CAROP44N4T0N+.114940 041:Pas. is 1466 2.-*lifornief 047Agii,m;'arimijrifiosi • • - • • qi:AmbleM‘ati.Sin Marino, California; MANCY-EATON CONE, )110ard'-Eoado.Ottawa:Milli,...Tolede; Ohio; and ▪ " •," • . • addrtaa is 2002 Eeoford Drive, Midland; •▪ t• • .-.:%-:;WITNESSETHt • it:the'parti:of the first part, for and in consideration ▪ - • :•••. • Iten.Doilirs'010.00) and other good and valuable con- ;40:01ipttrtil,orthit-firat part'in hand paid by .•a;. seoaptiart, thereceipt whereof is hereby pAgedi,doea, subject to all of the provisions - . • • ••.. AltIly.,convey and confirm Unto the parties •,,,,.-.•vc,••• • r ,_zt;•• • . .• .and•assigna forever, in the proper- . Offand gas royalty in value measured by rikriiiCO4kbalr'per cent (2i%) of the market value .••• • • gatthit.may be produced through conventional oil Methods and saved and marketed :rom all formations Of the Oreen River Formation of Eocene Age underlying deid-ribid%4Mis situate in the County of Garfield and tdo*%to-mits,. ;714,r5SL96w.1 6th P. M. Sec. 31: Lot 4, S SE French No. 2 Sec. 31: Lot 3, N SE French Wow 3. Sec, 31: Lot 2, S NE French No; 4. Sec. 31: Lot 1, N NE French No, 5- Sec. 30: Lot 4, S SE • French No. 6, Sec. 30: Lot 3, N SE .Frenich NO. 7- Sec. 30: Lot 2, S NE .''..:Frinch No.8- See. 30: Lot 1, N NE Prenib,No;'9-. Sec. 19: Lot 4, 3 SE Sec. 19: Lot 3, N SE Ftench:No. 11 Sec. 19: Lot 2, S NE. ..V?. " ;1.-, • 4i A • • — - • • . - . . • • , • . • • Ilk 4: • • • i. 't- „fyVibAUCER588 CW.766 (D 1151 PwdUp 'iecorded at = : 4 o'clock A M SEP 21 1987 . eception No '355952 MILDRED ALSDORF, RECORDER OIL, GAS, AND MINERAL LEASE G.aRFIFLD COUNTY. COLORADO bO,x '21 PCE 96 THIS AGREEMENT. made and entered into es of the 25th day of June , to 87. by and between Chevron Shale. Oil Company, a California Corporation, individually and as Successor -in - Interest to Eaton Shale Company, whose address is: 595 Market Street, 24th Floor, San Francisco, CA 94105 , hereinafter cosrdlkd4l_ess" (whether one or more) and Barrett Resources Corporation, 1125 17th St., Suite 2100, Denver, CO Ieremalter called"Lcasee;'WrTNESSETH: 1. Lessor, f or and n consuteraron til the sure of Ten and More DOLLARS f510.00 & Mor es. in hand !raid, of the royalties herein provided and 01 the agreements of Lessee herein contained, hereby grains, demises, leases and lets exclusively unto Lessee dee land hereinafter described, for the purpose of investigating, exploring, drilling nod mining for. producing, saving, raking, owning, transporting, storing, handling and treatng oil, gas, coal, uranium, vanadium, shorium and all miter muterels, whether similar or dissimilar, herein called leased substances. together with all rights, privileges and easements useful for Lessee's nperetions hereunder on said land and on lands in the same arca or field, including bus not limited to the following rights: to directionally drill into and lhrnugh surd land Irons lands other than said land in such mariner as to penetrate any stratum or strata underlying sant land; so lay pipelines, to build roads, railroads and carrels; end to cunstrur:r tanks. pump and power stations, oowur and communication lines, houses len its employees, and other structures and facilities, Thu right cat Lessee in directionally droll into and through said land, as above provided, shall include the right to recital, deepen, maintain, rework and operate any well so drifted. and to produce hit, gas and other leased substances from lands other than said lands by means of said well or wells for so lump as Lessee or its assigns maintains any oil and gas lease or oil, gas and mineral lease Or extension or renewal thereof covering lands, any pert of which lie widths one 11) mile or said land. rhe phrase "gas- es used in this lease shall embrace all gases whether hydrocarbon gas. CO2, helium or other. The said land included in this lease is situated in the County of Garfield ,State of Colorado .and is described as follows, es wit: Township 6 South, Range 96 West Section 6: ALL Section 8: A11 except lots 2, 7 Only as to those depths below the top of the Douglas Creek member of the Green River formation as located at 966' in the Chevron #1 Pacific Oil Well in 15S-R98W, Section 13: SW3NW1/4 including all leased substances underlying lakes, streams, roads, streets, alleys, easements and rights-of'way which traverse or adjoin said land; and including all lands owned car claimed by Lessor as a part of any tract above described; and containing 1,478. 71 acres of land more or less. As 10 the estate created I hereby, Lessor hereby relinquishes, releases, and waives all rights under and by virtue of the laws of this state providing for homestead exemption, dower, curtsey and other rights substitutive thereof. This lease shall cover all the interest in said land now owned by Or hereafter vested in Lessor, even though greater than the undivided interest lit any! described above. For the purpose of calculating any payments based on acreage, Lessee- et Lessee's option, may act as it said e lend and its constituent parcels contain fire acreage above stated, whether they actually contain more or less. Lessee may inject water, gas or other substances into any zone or stratum underlying said land and not productive of fresh water. •.,•beginning 7-1-87 and ending 7-1-89 of' 2. Subject to the other provisions herein contained, this tease shall remain in force fa period/ofdeo•yeenTTrom the date hereof, herein Called "primary term," and !hereafter to long as leased substances or any one or more of them is being produced from said land or any operation permitted hereunder is being conducted on said land or this lease is continued in force by reason of any of the other provisions hereof. 3, Royalties on leased substances to be paid by Lessee are: (a) on oil, one-eighth 11/8) o1 that produced and saved from said land, to be delivered at the wells or to the credit of Lessor into the pipeline to which the wells may be connected; Lessee may from time to time purchase any royalty oil, paying therefor the market value in this field where produced on the day ,t is run to the pipeline or storage tanks; lb) on gas, including casinghead gas, produced Irom said land and sold or used off the premises, the market value at the well of one-eighth 11181 of the gas so sold or used, provided that on gas sold al the well the royalty shall be one-eighth (1/3) of the amount realized from such sale; (d on sulphur, one dollar 151.00) per long ton produced and marketed; Id) on all other leased substances mined and marketed, tiro percent 15%1 of their value at the well or mine. I1 Lessee shall discover gas hereunder on said land or on land unitized with any of said land, Lessee may at any time or times during or lifter the primary term and at Lessee's election, pay as royalty (herein called shut-in gas well payment) a sum equal to one dollar per acre on the acreage then held by Lessee hereunder, whereupon it shall be considered for all purposes of this lease that a leased substance ,s being produced hereunder from said land for a period of one year; such year to commence on the anniversary of this lease next preceding such payment. Any sport payment may be made in the same manner as provided elsewhere in this lease for payments hereunder but shall not be in lieu of any royalty based on actual production. Lessee may use, free of royalty, leased substances and water developed from said land by Lessee for all operations hereunder. 4. This is a Paid-Jp Leese and Lessee shall not be obligated during the primary term to make any further payments or to commence or continue any operations hereunder in order to maintain this lease in force. Any money payable hereunder may be paid in cash or by cheek trailed or delivered to Lessor or to Le_a:'a e.aI::.in $autres Payments or tenders due Or payable under the terms of this lease, othee n roes on actual production, may be made by mailing or delivering cash or Lessee's check or draft to Lessor or to the depository bank on or before such date of payment. 11 the depository bank shall fail or refuse to accept the payment, this lease shall not terminate end Lessee shell not be held in default for failure to pay unless lessee shall fail to pay or tender such payment for thirty 1301 days after Lessor has delivered to Lessee a recordable instrument designating another depository bank. Any bank herein or hereafter designated as depository shall continue es such and ea Lessor's agent, regardless of changes in ownership of Lessor's interest, Lessee may pay or tender such paymer to jointly to the credit of all parties having eny interest hereunder. 11 Lessee shall, in good faith and with reasonable diligence, attempt To pay eny shut-in gas wall payment or Other payment but shall fail to pay, or incorrectly pay some portion thereof, this lease shall not terminate unless Lessee, within thirty 1301 days after written notice of its error or failure, shell fail so rectify the same. Lessee may at any time or times surrender this lease as to all or any portion of said lard by mailing or tendering to Lessor or to the depository bank or by filing for record a release or releases, and be relieved of ell obligations thereafter accruing as to the acreage surrendered. 5, If any operations or production of a leased substance or any combination of such activities shelf occur hereunder and If at any time or times after the primary term or within three 13) months before expiration of the primary term such operations or such production or any combination of such activities shall cease for any cause so that none of such activities continues, such cessation shall not cause this lease to terminate and this lease shall remain In force if and so long as fa) payments are made under paragraph 3 lif applicable) or lb) any operation or production of a leased substance is commenced or resumed hereunder during a period for which any such payment was made or within three 131 months after cessation of the last of the operations or production that had occurred hereunder or lc) the muse of cessation is covered by paragraph 8 hereof. Wherever used in this paragraph 6, or wherever else used In this lease unless the context requires otherwise, the meaning of the word "operations" shalt without iimitetion include: drilling. digging and boring operations, producing operations, the drilling of a dry hole or successive holes before or after production is obtained, the digging of a theft or successive shafts before or after mineral substances are encountered, plugging beck, reworking operations, deepening operations and remedial operations in connection with mining, drilling or producing operations, 6. Lessee shalt pay for damages caused by Lessee's operations to growing crops, buildings, irrigation ditches, feed lots end fences, Whin so requested by Lessor, Lessee will bury pipelines below ordinary plow depth at the time of installation when crossing cultivated land owned or operated by Lessor, No well shell be drilled on said land within two hundred 1200) feat of any residence or barn now on said land without the consent of the surface owner. Lessee shall have the right al any time to remove ell Lessee's property end 1lxtu101, including the right to draw and remove alt casing. Lessee shell drill any welt which a reasonably prudent operator would drill under the same or similar circumstances to prevent substantial drainage from said land by wells located on adjoining land not owned by Lessor when such drainage is not compensated by counter drainage. No default of Lessee hereunder with respect to any well or portion of said land shall impair Lessee's ritlhts with respect to any other well or portion of said land. 7. The rights of Lessor and Lessee hereunder may be assigned in whole or in 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 Irani Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, than be binding on Lessee and Lessee may continue to make payments precisely es if no change had occurred. No present or future division of Leasor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights 01 Lessee and Lessee's operations may be conducted without regard 10 any such division. If all or any part of Lessee's interest hereunder shell be assigned, no leasehold Owner shall be liable for any act or omission of any other leasehold owner. 8. Whenever as a result of any eeusa beyond Lessee's control laugh as fire, flood, storm, or other Act of God, governmental law, order, or regulation, labor disputes, war, or inability to secure men, materials, permitts!, or trensporsetinn) Lessee is prevented or hindered from exercising any of its rights hereunder, complying with eny of the terms hereof or carry out any of its obligations hereunder, end such preven or hindrance first occurs during the primary term hereof, the obligations of Lessee hereunder lexconly its obligation to pay royalties hereunder on 1 production!, and tha conditional requirement for 1 Ritny 721 P4E 9'7 shut in gas well payment; under paragraph 3 hereof to perpetuate this lease, shall be suspended during the period of such prevention or hindrance and for 90 days thereafter. The primary term shall be extended for a period of time equal t0 the period of such suspension and this lease shall remain to full force and effect during such period of suspension and during any such extension Of the primary term. Lessee may commence or resume the payment or lender of shut in gas well payments after the perioc of suspension by paying er tendering the proportionate part thereof for the lease year remaining after such period of suspension. If such prevention or hindrance first occurs eller the primary term hereof, Lessee's obligations arld the conditional requirement for shut in gas well Payments oder paragraph 3 hereof to perpetuate this lease shall be suspended while Lessee is s0 prevented or hindered and for a reasonable time thereafter. This lease tap remain in full force end elfett during any such prevention or hindrance and fora reasonable time thereafter provided that within such time, 0,0., a reatnneble time after theperiod 01 such prevention or hindrance, Lessee commences Or resumes operations hereunder or commences or resumes lho payment or tender of shut in gas well payments by paying or tendering Ile proportionate pari thereof for the lease year remaining after such period of suspension. 9. In connection w- th operations for the production of 011 and gas or either of them, Lessee may at any lime or times pool or unities this lease bloater as it covers the lands covered hereby, to whole or in part, as to nny stratum or strata. with ocher lends and leases as the same area or field so as t0 constitute a Unit Or units whenever, In Lessee's judgment, necessary or advisable to comfrly with a law, rule, order or regulation of a governmental authority having jurisdiclioe. 10 reduce or prevent economic waste, to protect correlative rights, or to promote, encourage or accomplish the conservation oI natural resources, by filing lor record an instrument so declaring subject to the following', raj Units formed to establish or comply with an orderly or uniform well spacing pattern for the production of Pit or tens shall allocate to the portion of this tensa included in arty such upit a frechenal part of ab production from any part of such unit in the proportion that the total number of acres covered by this lease included in such unit bean to the total number of acres included in such unit, and such units shall not exceed 00 acres i1 for the production o1 oil and shall not exceed 640 acres i1 for the production of gas. plus a tolerance of 10% in each instance, except the' if the governmental authority having jUrisdrebon by appropriate rule, order or regulation prescribes or permits or, bated on prior action of the applicable governmental authorities, may reasonably be expected to prescribe or permit units of a larger size, the unit or units may he increased to the meaimum as prescribed or permitted or so reasonably expected to be prescribed or permitted; (b) Unita formed to accomplish a cycling, pressure maintenance, repressuring or secondary recovery program, 00 any other cooperative or unit plan of development Or operation involving multiple wells must be approved by the governmental authority having jurisdic;itn and shall atl0etrte to the portion of this lease included in any such unit a tractional part of production from any part 01 such unit on one of the following bases: fi the ratio between the quantity of recoverable production allocable t0 the portion of this lease included in such unit and the 00181 of all recoverable production allocable to such eel; or (ill such other basis at may be approved by the governmental authority having jurisdiction thereof, Any such unit so established may be enlarged to include. acreage believed to be productive or may be diminished by excluding acreage believed to be nonproductive or may be diminished by excluding acreage the owners of which fail or refuse to participate in the unit and, in the absence of current production therefrom, any such 01901 may be abOlished and dissolved by tiling for record an instrument so declaring. InstrumentS filed for record hereunder shall be filed in rhe public notice ree0rds 01 the county in which the land is situated. Upon production from any part of any such unit, Lessor herein shall be entitled t0 the royalties provided lor in this lease on only that fractional part of unit production allocated to that portion of this lease included in such unit. Operations upon any such unit Of projected to any part of arty such unit from an OlI.unit drillsite or production from any part of such unit shall be treated and considered for all purposes of this lease, except payment of royalties, es Operations upon or production from this lease. .The royehies hereinabove provided are determined with respect to the entire estate in leased substances en lessor o a lesser interest therein, the royalties to be paid Lessor shalt be reduced proportionally. Lessee at its option may purchase or discharge in whole or in part any tax, mortgage or Other lien u0on said land, or may redeem the sanre from any purchaser at any tax sale or adjudication, and may reimburse itself from any royalties accruing hereunder and shall be subrogated to such lien with the right to enforce tante. 11. This lease shall be binding upon all who execute it, whether or not they are Homed in the granting clause hereof end whether or not ell parties named in the granting clause execute this lease, All the provisions of this lease shall inure to the benefit of and be binding upon the heirs, executors, adnrinistr010rs, successors and assigns of Lessor and Lessee, IN WITNESS WHEROF, this instrument is executed as of the date first above written. *See attached addendum TAX I.A. Socia! Security or Tax Number STATE OF tr COUNTY OF On this day of signed, a Notary Public, by SS. LESSOR SIGN HERE CHEVRON SHALE OIL COMPANY By: ACKNOWLEDGMENTS in the year , the foregoing instrument was acknowledged before me, the under. who personally appeared before me and known to me to be the identical person(sl descdbed in and who executed the within end foregoing instrument, and acknowledged to mo that executed the same as free and voluntary act and deed for the purpose end consideration therein expressed. IN WITNESS WHER SOF, II hairiiinto set my official signature and affixed my materiel seal the day and year first above written. My commission aspires /STATE OF COUNTY OF On this day of in the year , the foregoing instrument was acknowledged before ole, the under- signed, a Notary Public. by who personally appeared before me and known to me to be the identical person fsl described in and who executed the within and foregoing instrument, and acknowledged 50 mit that executed the same es free and voluntary act and deed for the purpose and consideration therein expressed. IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my notarial seal the day end year first above written. My commission expires as. Notary Public residing at STATE OF COUNTY OF This instrument was tiled for record on the ',corded in Book ,Page IS, day of Notary Public residing at , of the records of this office. ,19 at o'efock, M„ and duly f3 5 rn to f r ori County Clerk — Register of Creeds By Deputy ID 11.11.1.111 PA (Corporation) � !><r1 P.GE 98 SPATE QFCALIY0RNIA A 155 B . �� /COUNTY /OO jjF .Jarr._% cr, Li iTI .CA.Af Q"} I on l_A ll f p?f / i Psi T r berme me, the undersigned, a Notary Public is and for Said State, personally peered V . i/' ., �e.w l fi- known to nie for proved to me on the basis of satiafactory evidenced to be the g president.. and known to me lir proved to me on the basis of satisfactory c r 1N evidence! to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. W 1TNE S m hand and official seal.n^ p LSignature f OFFICIAL t. BEf.INIH011 M. ITO ITb proun, resat—wont Cdty & Cooly al SAN FRANCISCO amnuaa raw ate, r. an BMlr area for official notarial s aBI NS 96BRD 11.B71 i BOOK 721 me 99 Addendum to the Oil & Gas Lease dated June 25, 1987, between Chevron U.S.A. Inc., Lessor, and Barrett Resources Corporation, Lessee, covering land in Garfield County, Colorado, 12. Notwithstanding anything to the contrary contained elsewhere in the lease, all royalties on leased substances are to be 25%. 13. Lessee agrees to indemnify and hold harmless Lessor and any member of the Chevron Corporation for any and all claims arising out of Lessee's use of or operations on subject lands. 14. This lease shall terminate as to all depths below the stratigraphic equivalent of the deepest depth drilled on leased lands and as to all lands not included within a spacing unit producing oil or gas in paying quantities or containing shut-in gas well on at the end of the primary term. Lessee agrees to file of record a Release covering such of the leased lands es fall within the above described terms within two months of such termination. 15. At all times during the drilling, testing and completing of any well drilled on lands included herein or on lands pooled therewith, Lessor, (including Chevron U.S.A. Inc.) its agents and representatives, shall have access to the derrick floor and all facilities relating to the drilling of the well(s) and shall be entitled to receive all information including logs, cores and samples during such operations the same as though Lessor were drilling the well(s). All well information, including all reports, logs and samples, shall be furnished in duplicate with each of the following receiving a copy thereof: (A) J. S. Crompton Chevron U.S.A. Inc. P. 0. Box 599 Denver, CO 80201 Phone: (303) 691-7231 (8) R. B. Christy Chevron U.S.A. Inc. P. 0. Box 599 Denver, CO 80201 Phone: (303) 691-7471 16. Notwithstanding anything to the contrary contained in paragraph 3 of the lease, shut-in payments will not continue the lease or any portion thereof for more than 5 years from the date the well is shut-in. 17. The lease is made expressly subject to any exceptions and reservations of record. 16. Lessee shall obtain prior written approval from Chevron Shale Oil Company for all surface occupancy operations, drillsites and access thereto located on the leased premises. 19. Drilling shall be done on 320 acre spacing unless a smaller spacing pattern is dictated by the governmental agencies having jurisdiction. 20. In the event any mining operations, existing or proposed, conflict with Lessee's operations, Lessor's operations take precedence and Lessee agrees to change, cease or relocate his operations at his sole risk and cost. CHEVRON SHALE OIL COMPANY • • • 111111111111tl11111111111Illll11111�inIiiIIIIfl�11I of Rem 1 of '3 R 25.80 D 0.m GRRFIEtt) cowry co MEMORANDUM OF AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, Colorado Timber and Land Company, a Registered Limited Liability Limited Partnership (BUYER), whose address is 129 West 4th Street, Rifle, CO 81650, and Chevron Shale Oil Company (SELLER), whose address is P.O. Box 6518, Englewood, CO 80155-6518, have entered into an agreement, effective the 12th day of July, 1999, whereby BUYER will buy and harvest and SELLER will sell merchantable Douglas Fir timber on certain of SELLER's lands in Garfield County, Colorado under the terms and conditions set forth in said Agreement, which lands are described in Exhibit "A" hereto. For further information regarding the rights and obligations of the parties and the terms and conditions of said Agreement, contact the parties at their addresses above set forth. IN WITNESS HEREOF, the parties have executed this Memorandum of Agreement this L (, day of aniririxtQ.��14. "C , 1999. COLORADO TIMBER AND LAND COMPANY, RLLLP By .a,. sil Aj General Partner CHEVRON SHALE OIL COMPANY ByAssislant Secretary 1 I1I11111111111111111111 IIII 111111111111111111111111111 553392 10/07/1899 01:26P 61154 P468 M RLSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO STATE OF coLoRAnn ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 26thday of July 1999 by Kenneth Roberts as General Partner of Colorado Timber and Land Company, RLLLP. My Commissionsi�Expires: J' QIOoYta-bA) MY COMMISSION EXPIRES SEPTEMBER 26, 2000 Notary Public STATE OF ��s COUNTY OF ) The f regoing instrument w acknowledged before me thisi, day of c-.7('2/1/ 199 by ��/3,a/.of Chevron Shale Oil Company. issi n Expire DEBORAH L. FLORA Nolary Public. slate or Texas My C-0mi1➢69IDr Expires B•2i•p0 p.d�tary Public 2 11111111111 111111 111111 111 11111 BB 11111 1111 1111 553392 10/07/1999 01:26P 81154 P469 M ALSDORF 3 of 5 R 2s.0e 0 0.00 GARFIELD COUNTY CO EXHIBIT `A' To Agreement Effective the 46 day of Chevron C1ear Creek Properties 1999 Note: The term "escarpment" as used in this description, refers to a geologic formation commonly referred tom the description of oil shale formations in the area of Garfield County, Colorado. Tp. 5 S.. Rg. 97 W.. 6111P. M, Section 22: S/2 Section 21: St2 Section 27: All Section 28: SW/4 Tp. 5 S, Rg. 99 W.. 6t P. M. Section 25: Lot 1 Section 36: Lot 1 Tp. 5 S.. Rg. 98 W., 6'" P. M. Section 30: Lots 6, 7, 8, 9, 10, 11, SW/45E/4 Section 31: Lots 7, 9, 10,11,12,15,17,18, 19 and 20 All of Resurvey Tracts 40 (in Sec. 30, 5-98 and Sec. 25, 5-99), 41(in Sec. 30 & 31,5-98), 42(in Sec. 31 5-98), 87 (in Sec. 23, 24, 25 & 26 ,5-99), 89 ( in Sec. 24 & 25, 5-99), 90(in Sec. 25, 5-99) and 91(in Sec. 25 & 26, 5-99), and those parts of Resurvey Tracts 92, 93, 95, 96, 97 and 98 lying below the escarpment AND Resurvey Tract 45 lying in Section 31 of Tp. 5 S., Rg. 98 W., Section 36 of Tp. 5 S., Rg 99 W., and Section 4 of Tp. 6 S., Rg. 99 W., Tp. 5 S.. Rg. 98 W., 6a' P. M. Section 13: Lots 1, 2 and 9, S/2N/2 Tp. 6 S.. Rg. 98 W.. 6'1' P. M. Westerly portion of Tract 98, lying Southerly of Tract 97, Sub -Tracts A, B, C, D, E, F, G, H, 1, J, L, M, N, 0, P, Q, R, 5, W, X, Y, Z, AA, and BB of Tract 77, All of Resurvey Tracts 41, 42, 43, 75, 76, 78, 79, 80, 81, 83, 84 and 109 Westerly Part of Tract 96, 111111111111111111111111111111 011111111111111111111111 '563392 10/07/1898 0126P 01134 P470 h ALSDORF 4 of 6 R 25.00 0 0.00 GARFIELD COUNTY CO M. 6 S. R. 98 W., 6th P. M. con't. All of Resurvey Tracts 97D, 112, 113,118, 119, 120, 121, 122, 123, I24,125, 126,127, 128, 129, 130, and 131, Sub -Tract A of Tract 132, Sub -Tract A of Tract 133 and Sub - Tract A of Tract 134 Tp. 5 S Rg. 98 W., 6th p.14�, All of Tracts 82, 83, 84, 85, 86, 87, 88, 90, 91, 92, 93, 110, 111, 112,113 and 114 All those parts of Tracts 47, 51, 52, 56, 60, 62, 66, 67, 74, 75, 76, 77, 79, 80, 81, and 94 lying below the escarpment Tract 57, excluding those portions in Section 18, Tp. 5 S., Rg. 98 W., lying above the e scarpment Section 5: All that pan of SW/4 lying below the escarpment Section 6: All that part of Lot 25 lying below the escarpment Section 7: All those parts of Lots 12,14 and SE/4NE/4 lying below the escarpment and all of Lot 13 Section 8: All those parts of said section lying below the escarpment Section I7: All those parts of Lots 1 and 6 lying below the escarpment and all of Lots 3, 4, 5 and 7 2 111111111111111111111111 IIII IIIII 111111111 IIIII IIII Illi 553392 10/07/1999 01:25P 81154 P471 h RL5D0RP 5 of 5 R 2'5.99 D 0.94 ORRFIELD CDi9ITY CO Chevron Logan Wash and Parachute Creek Properties Tp. 6 S., Rg. 96 W., 6th P. M. Section 4: All those parts of Lots 1, 5 and 11 and of S/2NW/4 and NW/4SW/4 lying Westerly of the center of Parachute Creek, Excluding therefrom a parcel of land described as follows: Starting at the NW comer of the SW/4 of Section 4, T. 6 S., Rg. 96 W. (This corner is' located on the south side of a gulch) running down the gulch south of east 582 feet to the creek; from thence down the creek, west of south 207 feet; from thence, west 336 feet; from thence, north 363 feet. (Said excepted parcel containing about 4.25 acres and is also known as the Granlee School Tract.) Section 5: Lots 1 through 12, 14, 15, 16, 17,18,19, 21 and 23 Section 6 Lots 1 through 18, SW/4, WASE/4 (A11) Section 7: Lots 1, 2, 3 and 4, W/2NE/4, NW/4, SW/4, W/2SE/4 (Alt) Section 8: Lots 1, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15, S/2SW4, NW/4SW/4, SE/4SEJ4 Section 17: Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,14,15 and 17, NEJ4NE/4, E/2SE/4 Section 18: Lots 1, 2, 3 and 4, W/2NE/4, NW/4, SW/4, W/2SE/4 (All) Section 20: Lots 1, 2, 3, 6 and 7, NFJ4, NWl4NW/4, S/2NW/4, E/2SW/4 Section 21: Lots 1, 2, 3 and 4 Section 29: Lots 3 and 4, W/2NE/4, NE/4NW/4 Tp. 5 S., Rg. 96 W„6'h P. R. Section 19: Lots I, 2, 3, and 4, E/2 (All) Section 20: All Section 29: N/2, N/2S/2 Section 30: Lots 1, 2, 3 and 4, E/2 (All) Section 31: Lots 1, 2, 3 and 4, E/2 (All) Section 32: SW/4SW/4, SE/4NE/4 Section 33: S/2NE/4, S/2NW/4, SE/4, West 32 rods ofNW/4NW/4 Section 34: SE/4 Section 35: S/2 Section 36: SW/4, and all that part of the S/2SE14 lying Westerly of Parachute Creek Tp. 7 S.. Rg. 96 W., 66' P. M, Section 5: N/2 and SW/4 Tp. 6 S., Rg. 97 W., 6* P. M. Section 1: Lots 13 and 14, S/2 Section 12: All Section 13: All - 1 111111 11111 111111 11111 1111 111111111111111111111111111 553393 10/07/1999 01:32P 81154 P472 M ALSDORF 1 of 3 R 13.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, Colorado Timber and Land Company, a Registered Limited Liability Limited Partnership (BUYER), whose address is 129 West 4th Street, Rifle, CO 81650, and Chevron Shale Oil Company (SELLER), whose address is P.O. Box 6518, Englewood, CO 80155-65I8, have entered into an agreement, effective the 12th day of July, 1999, whereby BUYER will buy and harvest and SELLER will sell merchantable aspen timber on certain of SELLER's lands in Garfield County, Colorado under the terms and conditions set forth in said Agreement, which lands are described in Exhibit "A" hereto, For further information regarding the rights and obligations of the parties and the terms and conditions of said Agreement, contact the parties at their addresses above set forth. IN WITNESS HEREOF, the parties have executed this Memorandum of Agreement this 0146 day of (174.04-1,...e , 1999. COLORADO TIMBER AND LAND COMPANY, RLLLP By f ,,e -n -,ze. rr General Partner CHEVRON SHALE OIL COMPANY By Assi t Secretary 1 11101 11111 111111 111111 1H1 11111 111111 111 11111 1111 1111 0$3303 10/07/1999 01:32P MASA P473 M RLSDORF 2 of 3 R 10.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 26th day of July 1999 by Kenneth Roberts as General Partner Colorado Timber and Land Company, RLLLP. My Commission Expires: HYCOMMISSION EXPIRES SEPTEMBER 26,2060 ojf) 0 Notary Public STATE OF ,a_r ) COUNTY OF ) of The199 fgxb� � >rur nt v' E ldbefore as a this s da, of Chevron Shale Oil Company. @xxcw:a^oac�::a�a::000xVw 71\ DEBORAH L. FLORA Notary Polio. Slain of Texas My Commission Expires 9.27.46 2 1111111111111111111111111111111111111111111111 553393 10/07/1999 0132P 81154 P474 M AL5DORF 3 of 3 R 15.00 D 0.00 GRRFIELD COUNTY CO Chevron Logan Wash and Parachute Creek Properdes Tp. 6 Rs, 96 W., 6th P. M. Section 4: All those parts of Lots 1, 5 and 11 and of S/2NW/4 and NW/4SW/4 lying Westerly of the center of Parachute Creek, Excluding therefrom a parcel of land described as follows: Starting at the NW comer of the SW/4 of Section 4, T. 6 S., Rg. 96 W. (This corner is located on the south side of a gulch) running down the gulch south of east 582 177,-- • - -• • Oown the creek, west of south 207 feet; from thence, west 336 feet; from thence, north 363 feet. (Said excepted ;--' - - known as the Grantee School Tract.) Section 5: Lots 1 through 12, 14, 15, 16, 17, 18, 19, 21 and 23 Section 6 Lots 1 through 18, SW/4, WISE/4 (All) Section 7: Lots 1, 2, 3 and 4, W/2NE/4, NW/4, I. A !' 1,_otS 1, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15, S/2SW4, NW/4SW/4, SEASE/4 Section 17: Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 17, NE/4NE14, E/2SE14 Section 18: Lots 1, 2, 3 and 4, W/2NE/4, NW/4, SW/4, W/2SE/4 (All) Section 20: Lots 1, 2, 3, 6 and 7, NE/4, NW/4NW/4, S/2NW/4, E/2SW/4 Section. 21: Lots 1, 2, 3 and 4 Section 29: Lots 3 and 4, W/2NE/4, NEANW/4 Tp, 5 S,, 4. 96 W..,66' P. M.. Section 19: Lots 1, 2, 3, and 4, E/2 (All) Section 20: All Section 29: N/2, N/25/2 Section 30: Lots 1, 2, 3 and 4, E/2 (All) Section 31: Lots!, 2, 3 and 4, En (A11) Section 32: SW/4SW/4, SE/4NEJ4 Section 33: S/2NE/4, SI2NW/4, SE/4, West 32 rods of NW/4NW/4 Section 34: SE/4 Section 35: S/2 Section 36: SW/4, and all that part of the S/2SE/4 lying Westerly of Parachute Creek Tp. 7 S. R.96W.6thP.1t Section 5: N/2 and SW/4 Tp. 6 S..14. 97 W., 6thP. M. Section 1: Lots 13 and 14, S/2 Section 12: All Section 13: All 111111111111111111 I11111111I 111111111111111111111111111 623086 03/16/2003 01:45P 81447 P573 n RLSDORF 1 of 6 R 37.00 D 0.00 GARFIELD COUNTY CO OIL AND GAS LEASE (LEASE #1) THIS AGREEMENT, made and entered into as of the 15th day of November, 2002, by and between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company, whose address is 11111 S. Wilcrest Dr., Houston, Texas 77099 hereinafter called "Lessor," and Petroleum Development Corporation, whose address is 103 East Main Street, P.O. Box 26, Bridgeport, West Virginia 26330, hereinafter called "Lessee." WITNESSETH: 1. Lessor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, of the royalties herein provided and of the agreements of Lessee herein contained, hereby grants, demises, leases and lets exclusively unto Lessee all of Lessor's right, title and interest in the land hereinafter described, for the purpose of investigating, exploring, drilling for, producing, saving, taking, owning, transporling, storing, handling and treating oil and gas, herein called leased substances, together with all rights, privileges and easements useful for Lessee's operations hereunder on said land; including but not limited to the following rights: to lay pipelines; to build roads; to construct tanks, pump and power stations, and power and communication lines; and to redrill, deepen, maintain, rework and operate any well so drilled, subject in all cases to the provisions of paragraphs 15 and 16. The land included in this lease is situated in the County of Garfield, State of Colorado, and is described on the attached Exhibit A, including all of Lessor's right, title and interest in all leased substances underlying lakes, streams, roads, streets, alleys, easements and rights -of --way which traverse said land; and including all lands owned or claimed by Lessor as a part of any tract above described; and containing 3441.46 acres of land more or less. This lease shall cover all of Lessor's right, title and interest in said land now owned by or hereafter vested in Lessor. For the purpose of calculating any payments based on acreage, the land shall be deemed to contain the acreage above stated. 2. Subject to the other provisions herein contained, this lease shall remain in force for a period of three (3) years from the date hereof, herein called "primary term," and thereafter so long as leased substances or any one or more of them are being produced from said land or any operation permitted hereunder is being conducted on said land or this lease is continued in force by reason of any of the other provisions hereof. 3. Royalties on leased substances to be paid by Lessee are: (a) on oil, eighteen and three quarters percent (18.75%) of that produced and saved from said land, to be delivered at the well or to the credit of Lessor into the pipeline to which the wells may be connected; Lessee may from time to time purchase any royalty oil, paying therefor the market value in the field where produced on the day it is run to the pipeline or storage tanks; (b) on gas, including casinghead gas, produced from said land and sold or used off the premises, the market value at the well of eighteen and three quarters percent (18.75%) of the gas so sold or used, provided that on gas sold at the well the royalty shall be eighteen and three quarters percent (18.75%) of the amount realized from such sale. If Lessee shall discover gas hereunder on said land or on land unitized with any of said land, Lessee may at any time or times during or after the primary term and at Lessee's election, pay as royalty (herein called shut-in gas well payment) a sum equal to one dollar per acre on the acreage then held by Lessee hereunder, whereupon it shall be considered for all purposes of this lease that a leased substance is being produced hereunder from said land for a period of one year; such year to commence on the anniversary of this lease next preceding such payment. Provided, however, that this lease may be extended by tender of shut-in well payments for no more than two consecutive years from the anniversary of this lease next preceding Lessee's payment. Any such payment may be made in the same manner as provided elsewhere in this lease for payments hereunder but shall not be in lieu of any royalty based on actual production. Lessee may use, free of royalty, leased substances from said land for all operations conducted upon the leased lands or lands unitized with any of said land. 4. This is a Paid -Up lease and Lessee shall not be obligated during the primary term to make any further payments or to commence or continue any operations hereunder in order to PDC Lease - New Lease N 1-doc 2/18/2003 -1- Z1 vm 1 111111 11111 111111 1111 111111 11111111111 III IIIA 1111 1111 2z of 86 6 R 37600 D30 0045P 81447 P574 M GARFIELD COUNTY COS�RF maintain this lease in force. Any money payable hereunder may be paid in cash or by check, mailed or delivered to Lessor. Lessee may at any time or times surrender this lease as to all or any portion of said land by mailing or tendering to Lessor or by filing for record a release or releases, and be relieved of all obligations thereafter accruing as to the acreage surrendered, but same shall not relieve Lessee of any obligation existing as of the date of such release. 5. If any operations or production of a leased substance or any combination of such activities shall occur hereunder and if at any time or times after the primary term or within sixty (60) days before expiration of the primary tenn, such operations or such production or any combination of such activities shall cease for any cause so that none of such activities continues, such cessation shall not cause this lease to terminate and this lease shall remain in force if and so long as (a) shut-in gas well payments are made under paragraph 3 (if applicable) or (b) any operation or production of a leased substance is commenced or resumed hereunder within sixty (60) days after cessation of the last of the operations or production that had occurred hereunder or (c) the cause of cessation is covered by paragraph 8 hereof. Wherever used in this paragraph 5, or wherever else used in this lease unless the context requires otherwise, the meaning of the word "operations" shall without limitation include: drilling, digging and boring operations, producing operations, the drilling of a dry hole or successive holes before or after production is obtained, plugging back, reworking operations, deepening operations and remedial operations in connection with drilling or producing operations. 6. Lessee shall pay for all damages caused by Lessee's operations, including but not limited to damages to growing crops, buildings, irrigation ditches, livestock, feed lots and fences. Lessee will bury pipelines below ordinary plow depth at the time of installation when crossing cultivated land owned or operated by Lessor or its surface lessees. No well shall be drilled within two hundred (200) feet of any residence or other improvement now or hereafter constructed on said land without the consent of the owner thereof. Lessee shall have the right at any time within ninety (90) days after expiration or surrender of the lease or any part hereof to remove all of Lessee's property and fixtures, including the right to draw and remove all casing. Lessee shalt restore the surface as nearly as practicable to its original condition upon expiration or surrender of the lease. 7. Lessee shall have neither the right nor the power to assign this lease, in whole or in part, to another party without the prior written consent of Lessor. Lessor may withhold its consent to any such proposed or attempted assignment for any reason or for no reason in its sole discretion. Any attempted assignment made in contravention of this provision will be, in Lessor's sole discretion (and in addition to any other remedy available to Lessor at law or in equity), voidable and of no force. The granting of Lessor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment which may be proposed or attempted will be ineffective without Lessor's prior written consent. Provided, however, this provision shall not apply to assignments that may be made to limited partners that Lessee may be required to make under limited partnerships Lessee may form to conduct operations under this lease. Also, this provision shall not apply to transfers of interest that result from mergers, acquisitions or sales of all of Lessee's assets and assignments to Lessee's corporate affiliates. 8. Whenever as a result of any cause beyond Lessee's reasonable control (such as fire, flood, storm, or other act of God, governmental law, order, or regulation, labor disputes or war) Lessee is prevented or hindered from exercising any of its rights hereunder, complying with any of the terms hereof or carrying out any of its obligations hereunder, and such prevention or hindrance occurs during the term hereof, either primary or extended, as the case may be, the obligations of Lessee hereunder (excluding only its obligation to pay royalties on actual production, and other monetary payments required or permitted by the terms of this lease), shall be suspended during the period of such prevention or hindrance and for ninety (90) days thereafter. If such hindrance occurs during the primary term hereof, the primary term shall be extended for a period of time equal to the period of such suspension and this lease shall remain in full force and effect during such period of suspension and during any such extension of the primary term. 9. In connection with operations for the production of oil and gas or either of them, Lessee may at any time or times pool or unitize this Iease insofar as it covers the lands covered PDC Leave • New Lease f11.doc 2!1812003 -2- 1 11111 11111 111111 NII 111111 11111 111111 III 11111 1111 111 623088 03/18/2003 01:45P 81447 P575 h ALSDORF 3 of b R 37.00 D 0.00 GARFIELD COUNTY CO hereby, in whole or in part, as to any stratum or strata, with other lands and leases in the same area or field so as to constitute a unit or units whenever, in Lessee's judgment, necessary or advisable to comply with a law, rule, order or regulation of a governmental authority having jurisdiction, to reduce or prevent economic waste, to protect correlative rights, or to promote, encourage or accomplish the conservation of natural resources, by filing for record in the applicable county records an instrument so declaring. Upon production from any part of any such unit, Lessor shall be entitled to the royalties provided for in this lease on only that fractional part of unit production allocated to that portion of this lease included in such unit. Operations upon any such unit or production from any part of such unit shall be treated and considered for all purposes of this lease except payment of royalties, as operations upon or production from this lease. 10. The royalties hereinabove provided are determined with respect to the entire estate in leased substances and if Lessor owns a lesser interest therein or if this lease covers Tess than the entire estate in leased substances, the royalties to Lessor shall be reduced proportionally. Lessor makes no warranties of title to the leased premises, whether express or implied. Lessee at its option may purchase or discharge in whole or in part any tax, mortgage or other lien upon said land, may redeem the same from any purchaser at any tax sale or adjudication, and may reimburse itself from any royalties accruing hereunder and shall be subrogated to such lien with the right to enforce same. 11. Lessee agrees to defend, indemnify and hold harmless Lessor, its affiliates, and any employee, agent, contractor or other representative of Lessor and its affiliates, from any and all claims, demands, suits, losses, fines, penalties, damages, liabilities, costs and expenses of every character whatsoever (including but not limited to court costs and attorneys' fees) arising out of or in connection with Lessee's operations on the leased lands. 12. If this lease has not sooner terminated, then effective as of five (5) years after expiration of the primary term this lease shall terminate as to all depths below the stratigraphic equivalent of the deepest depth drilled on the leased lands and as to all lands not included within a spacing unit producing or capable of producing oil or gas in paying quantities. In the event the area in which a well is drilled and completed is not spaced as per applicable state oil and gas regulations, then the lease shall be deemed to cover an approximate three hundred twenty (320) acre parcel surrounding and including the well location. Lessee shall file of record an appropriate release within thirty (30) days after the effective date of the termination. 13. At all times during the drilling, testing and completing of any well drilled on the leased lands or on lands pooled therewith, Lessee shall cause Lessor and its affiliates and the employees and agents of Lessor and its affiliates, to have access at their sole risk to the derrick floor and all facilities relating to the drilling of the well(s) and to receive all information relating to such operations including but not limited to daily drilling reports and logs, cores and samples obtained in connection with such operations the same as though Lessor and its affiliates were drilling the well(s). Notices of intent to spud, log and plug and abandon wells steall be furnished to the following: ChevronTexaco Shale Oil Company Attn: J.T. Schmid, Jr., Manager WI 1 S. Wilcrest Dr. Houston, TX 77099 Upon written request, Lessee shall furnish all well information, including all reports, logs and samples to: ChevronTexaco Shale Oil Company Attn: Greg Brose 11111 S. Wilcrest Dr. Houston, TX 77099 14. This lease is made without warranty of title, express or implied, and is expressly subject to any exceptions and reservations and other matters affecting title of record. PDC Lease - New Lease #1.doc 2/18/2003 -3- 1!Ill Ill 111111ill! 1111ill III11iIISNil 111(1111 623066 03/18/2003 01:45P 81447 P676 14 ALSbORF 4 of 6 R 37.00 D 0.00 GARFIELD COUNTY CO 15. Lessee shall obtain prior written approval from Lessor for each use of the surface that Lessee proposes to make under this lease, including but not limited to drill sites, access and surface reclamation plans. 16. Notwithstanding that Lessee may have obtained Lessor's approval under paragraph 15 to make various uses of the surface of the leased lands, Lessee's operations shall be subordinate to Lessor's right to conduct shale oil operations on the leased lands at any time in the future. If Lessor determines in its reasonable discretion that Lessee's operations will interfere with Lessor's shale oil operations, Lessee agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of Lessee's wells, gathering systems and other related facilities in order to eliminate an interference shall be bome by Lessor. If any such change, cessation or relocation of facilities results in permanent Loss of production, Lessor will compensate Lessee for same at the then fair market value of the leased substance. Effective January 1, 201S and thereafter, Lessee agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate an interference and Lessor shall have no obligation to compensate Lessee for lost production resulting from such elimination of an interference. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. TAX I.D. 25-0527925 Social Security or Tax Number STATE OF TEXAS COUNTY OF HARRIS ) ) ) LESSOR CHEVRON U.S.A. INC. By: Its: A orney-in-Fact LESSEE PETROLEUM DEVELOPMENT CORPORATION By: Its: " '1'hwas E. Riley, VP grArketing The foregoing instrument was acknowledged before me this /day of h1at, , 2003 by O. F. Baldwin 1I as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires: 49-3/)-O 4j f,P/t� Notary Public STATE OF WEST VIRGINIA ) ) COUNTY OF HARRIS ) ELAINE J. GRADER Notary Public. State of Texas My Commission Expires September 30, 2004 The foregoing instrument was acknowledged before me this 21st day of February , 2003 by Thaoas E. _Riley as VP Marketing Petroleum Development Corporation. ommission Expires: June 2, 2009 A. Clark PDC Lease - New Lease #I.doc cps Notary Public -4- of Notary Pel i$ate of Yfast Virginia r Petroleum Development Corporation 7 103 East Main Street OWL 26 1 i3rldpaport. WY 2 330 a My commisslon mhos June 2, 2009 1 2/13/2003 4g. 1111111111111111111111111111111111110111111111111 623086 03/18/2003 01c45P 81447 P577 N nL5DORF 5 of 6 R 37.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A OIL AND GAS LEASE (LEASE 41) Between Chevron U.S.A. Inc. and Petroleum Development Corporation Dated November 15, 2002 830000 — C. H. DRAGERT FEE T6S, R96W, 6th P.M. J. B. No. 1 Placer Mining Claim, comprising Lots 3 and 4 and being the northerly tier of 40 -acre Lots of the NW/4 of Section 5; J, B. No. 2 Placer Claim, comprising Lots 5 and 6 and being the middle tier of 40 -acre Lots of the NW/4 of Section 5; and J. 13. No. 3 Placer Claim, comprising Lots 11 and 12 and being the southerly tier of 40 -acre Lots of the N W/4 of Section 5; containing 320 acres, more or Tess. 830080 — D. D. POTTER NO, 12 FEE T7S, R96W. 6" P.M. Grand View No. 4 Placer Mining Claim, comprising the SW/4 of Section 5; Grand View No. 7 Placer Mining Claim, comprising the Lots 3 and 4 and the S/2 of the NW/4 of Section 5; and Grand View No. 8 Placer Mining Claim, comprising the Lots 1, 2 and 5 and the SW/4 of the NE/4 of Section 5; containing 455.95 acres, more or less. 830140 — MORRIS RANCH FEE T6S, R96W, 6'h P.M. Section 17: S/2 SE/4 SW/4 containing 20 acres, more or less. 830150 — EATOJBASIC AGMT NO. 10 & 11 FEE T6S, R96W, 6" P.M. Midland #1 Section 17: Lots 4,10, 11, 14, 15 & 17; Midland #2 Section 18: Lots 1 and 2; W/2 NE/4; Midland #3 Section 18: Lots 3 and 4; W/2 SE/4; Midland #4 Section 18: SW/4; and Midland #5• Section 18: NW/4; containing 770.66 acres, more or less. 830180 — EATON BASIC AGMT NO. 4 FEE T6S, R96W, 6" F.M. Section 17: Lot 2; containing 40.87 acres, more or less. 830190 — HA�YWARD-SCOTT RANCH FEE T6S, R96W, 6 P.M. The South half of that certain tract of land described as follows, to wit: The S/2 NE/4, the SE/4 NW/4 and the North three-fourths of the SE/4, and the E/2 SW/4 of Section 17, less and except those tracts and lands in the SW/4 of Section 17; containing 99 acres, more or less. PDC Lease - New Lease 4t.doc 2/18/2003 -5- 111111111111111111illi11111111111111111111111111M1111 623086 03/18/2003 01:45P 81447 P378 M ALSDORF 6 of 8 R 37.00 D 0,00 GARFIELD COUNTY CO 830200 — GONZALES RANCH FEE T6S, R96W, 6'h P.M. The SE/4 NW/4 and the North 10 acres of the NE/4 SW/4 in Section 17; containing 50 acres, more or less. 830210 — EATON BASIC AGMT NO. 9 FEE T6S R96W, 6th P.M. G.J.N. #1 Section 5: Lots 14 and 21; and G.J.N. #2 Section 5: Lots 19 and 23; containing 142 acres, more or Less. 910390 — EATON BASIC AGMT NO 7 FEE T6S, R96W of the 60' P.M. The Grand Valley No. 7 Placer Claim, being the SW/4 of Section 7; and the Grand Valley No. 8 Placer Claim, being the W/2 SE/4, and Lots 3 and 4 in Section 7; containing a total of 310 acres, more or less. 910400 — R L. EATON AGMT NO 3 FEE T6S, R96W 6th P.M., Grand Valley #1 Placer Mining Claim, embracing Lots 3 and 4, Section 6 and Grand Valley #2 Placer Mining Claim, embracing Lots 1 and 2, Section 6: containing 75.42 acres, more or less. 910630 — UNOCAL TRADE FEE T6S R96W of the66P.M. Consolidated No. 3 Claim, comprising the S/2 NW/4, the SW/4 NE/4, and Lot 2 of Section 7; Consolidated No. 4 Claim, comprising the N/2 NW/4, the NW/4 NE/4 and Lot 1 of Section 7; Consolidated No. 5 Claim, comprising the S/2 SW/4, the SW/4 SE/4 and Lot 18 of Section 6; Consolidated No. 6 Claim, comprising the N/2 SW/4, NW/4 SE/4, and Lot 17 of Section 6; Consolidated No. 7 Claim, comprising Lots 13, 14, 15 and 16 of Section 6; Consolidated No. 8 Claim, comprising Lots 9, I0, 11 and 12 of Section 6; and Consolidated No. 9 Claim, comprising Lots 5, 6, 7 and 8 of Section 6; containing 1157.56 acres, more or less. END OF EXHIBIT A PDC Lease - Naw Lease # I ,doc 2118/2003 -6- 1111111 11111 BIM 1111 01111 11111111111 111 1111111111111 623688 03/18/2663 01:59P B1447 P585 M ALSDDRF 1 of 8 R 38.25 D 0.00 GARFIEt.D COMITY CO OIL AND GAS LEASE (LEASE #3) THIS AGREEMENT, made and entered into as of the 15t day of November, 2002, by and between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company, whose address is 11111 S. Wilcrest Dr., Houston, Texas 77099 hereinafter called "Lessor," and Petroleum Development Corporation, whose address is 103 East Main Street, P.O. Box 26, Bridgeport, West Virginia 26330, hereinafter called "Lessee." WITNESSETH; 1. Lessor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, of the royalties herein provided and of the agreements of Lessee herein contained, hereby grants, demises, leases and lets exclusively unto Lessee all of Lessor's right, title and interest in the land hereinafter described, for the purpose of investigating, exploring, drilling for, producing, saving, taking, owning, transporting, storing, handling and treating oil and gas, herein called leased substances, together with all rights, privileges and easements useful for Lessee's operations hereunder on said land; including but not limited to the following rights: to lay pipelines; to build roads; to construct tanks, pump and power stations, and power and communication lines; and to redrill, deepen, maintain, rework and operate any well so drilled, subject in all cases to the provisions of paragraphs I5 and 16. The land included in this lease is situated in the County of Garfield, State of Colorado, and is described on the attached Exhibit A, including all of Lessor's right, title and interest in all leased substances underlying lakes, streams, roads, streets, alleys, easements and rights-of-way which traverse said land; and including ail lands owned or claimed by Lessor as a part of any tract above described; and containing 5325.42 acres of land more or less. This lease shall cover all of Lessor's right, title and interest in said land now owned by or hereafter vested in Lessor. For the purpose of calculating any payments based on acreage, the land shall be deemed to contain the acreage above stated. 2. Subject to the other provisions herein contained, this lease shall remain in force for a period of three (3) years from the date hereof, herein called "primary term," and thereafter so long as leased substances or any one or more of them are being produced from said land or any operation permitted hereunder is being conducted on said land or this lease is continued in force by reason of any of the other provisions hereof. 3. Royalties on leased substances to be paid by Lessee are: (a) on oil, eighteen and three quarters percent (18.75%) of that produced and saved from said land, to be delivered at the well or to the credit of Lessor into the pipeline to which the wells may be connected; Lessee may from time to time purchase any royalty oil, paying therefor the market value in the field where produced on the day it is run to the pipeline or storage tanks; (b) on gas, including casinghead gas, produced from said land and sold or used off the premises, the market value at the well of eighteen and three quarters percent (18.75%) of the gas so sold or used, provided that on gas sold at the well the royalty shall be eighteen and three quarters percent (18.75°/x) of the amount realized from such sale. If Lessee shall discover gas hereunder on said land or on land unitized with any of said land, Lessee may at any time or times during or after the primary term and at Lessee's election, pay as royalty (herein called shut-in gas well payment) a sum equal to one dollar per acre on the acreage then held by Lessee hereunder, whereupon it shall be considered for all purposes of this lease that a leased substance is being produced hereunder from said land for a period of one year; such year to commence on the anniversary of this lease next preceding such payment. Provided, however, that this lease may be extended by tender of shut-in well payments for no more than two consecutive years from the anniversary of this lease next preceding Lessee's payment. Any such payment may be made in the same manner as provided elsewhere in this lease for payments hereunder but shall not be in lieu of any royalty based on actual production. Lessee may use, free of royalty, leased substances from said land for all operations conducted upon the leased lands or lands unitized with any of said land. 4. This is a Paid -Up lease and Lessee shall not be obligated during the primary term to make any further payments or to commence or continue any operations hereunder in order to PDC Lease- Nese Lease #3.doc 2/1812003 3ck'me P Lc -1- 1 11111 11111 111111 1111 111111 11111 11111 111 11111 1111 111 623088 03/18/2003 01:59P 81447 P566 H ALSOORF 2 of 6 R 38.25 0 0.00 GARFIELD COUNTY CO maintain this lease in force. Any money payable hereunder may be paid in cash or by check, mailed or delivered to Lessor. Lessee may at any time or times surrender this lease as to all or any portion of said land by mailing or tendering to Lessor or by filing for record a release or releases, and be relieved of all obligations thereafter accruing as to the acreage surrendered, but same shall not relieve Lessee of any obligation existing as of the date of such release. 5. If any operations or production of a leased substance or any combination of such activities shall occur hereunder and if at any time or times after the primary term or within sixty (60) days before expiration of the primary term, such operations or such production or any combination of such activities shall cease for any cause so that none of such activities continues, such cessation shall not cause this lease to terminate and this lease shall remain in force if and so long as (a) shut-in gas well payments are made under paragraph 3 (if applicable) or (b) any operation or production of a leased substance is commenced or resumed hereunder within sixty (60) days after cessation of the last of the operations or production that had occurred hereunder or (c) the cause of cessation is covered by paragraph 8 hereof. Wherever used in this paragraph 5, or wherever else used in this lease unless the context requires otherwise, the meaning of the word "operations" shall without limitation include: drilling, digging and boring operations, producing operations, the drilling of a dry hole or successive holes before or after production is obtained, plugging back, reworking operations, deepening operations and remedial operations in connection with drilling or producing operations. 6. Lessee shall pay for all damages caused by Lessee's operations, including but not limited to damages to growing crops, buildings, irrigation ditches, livestock, feed lots and fences. Lessee will bury pipelines below ordinary plow depth at the time of installation when crossing cultivated land owned or operated by Lessor or its surface lessees. No well shall be drilled within two hundred (200) feet of any residence or other improvement now or hereafter constructed on said land without the consent of the owner thereof. Lessee shall have the right at any time within ninety (90) days after expiration or surrender of the lease or any part hereof to remove all of Lessee's property and fixtures, including the right to draw and remove all casing. Lessee shall restore the surface as nearly as practicable to its original condition upon expiration or surrender of the lease. 7. Lessee shall have neither the right nor the power to assign this lease, in whole or in part, to another party without the prior written consent of Lessor. Lessor may withhold its consent to any such proposed or attempted assignment for any reason or for no reason in its sole discretion. Any attempted assignment made in contravention of this provision will be, in Lessor's sole discretion (and in addition to any other remedy available to Lessor at law or in equity), voidable and of no force. The granting of Lessor's consent to any assigmnent will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment which may be proposed or attempted will be ineffective without Lessor's prior written consent. Provided, however, this provision shall not apply to assignments that may be made to limited partners that Lessee may be required to make under limited partnerships Lessee may form to conduct operations under this lease. Also, this provision shall not apply to transfers of interest that result from mergers, acquisitions or sales of all of Lessee's assets and assignments to Lessee's corporate affiliates. 8. Whenever as a result of any cause beyond Lessee's reasonable control (such as fire, flood, storm, or other act of God, governmental law, order, or regulation, labor disputes or war) Lessee is prevented or hindered from exercising any of its rights hereunder, complying with any of the terms hereof or carrying out any of its obligations hereunder, and such prevention or hindrance occurs during the term hereof, either primary or extended, as the case may be, the obligations of Lessee hereunder (excluding only its obligation to pay royalties on actual production, and other monetary payments required or permitted by the terms of this lease), shall be suspended during the period of such prevention or hindrance and for ninety (90) days thereafter. If such hindrance occurs during the primary term hereof, the primary term shall be extended for a period of time equal to the period of such suspension and this lease shall remain in full force and effect during such period of suspension and during any such extension of the primary terns. 9. In connection with operations for the production of oil and gas or either of them, Lessee may at any time or times pool or unitize this lease insofar as it covers the lands covered PDC Lease. New Lease #3.doc 2/18/2003 -2- 1 NIM I111111111111111111111111111111111111111111!1111 623088 03/18/2003 01.59P B1447 P3S7 M RLSDORF 3 of 6 R 38.25 D 0.00 GARFIELD COUNTY CO hereby, in whole or in part, as to any stratum or strata, with other lands and leases in the same area or field so as to constitute a unit or units whenever, in Lessee's judgment, necessary or advisable to comply with a law, rule, order or regulation of a governmental authority having jurisdiction, to reduce or prevent economic waste, to protect correlative rights, or to promote, encourage or accomplish the conservation of natural resources, by filing for record in the applicable county records an instrument so declaring. Upon production from any part of any such unit, Lessor shall be entitled to the royalties provided for in this lease on only that fractional part of unit production allocated to that portion of this lease included in such unit. Operations upon any such unit or production from any part of such unit shall be treated and considered for all purposes of this lease except payment of royalties, as operations upon or production from this lease. 10. The royalties hereinabove provided are determined with respect to the entire estate in leased substances and if Lessor owns a lesser interest therein or if this lease covers less than the entire estate in leased substances, the royalties to Lessor shall be reduced proportionally. Lessor makes no warranties of title to the leased premises, whether express or implied. Lessee at its option may purchase or discharge in whole or in part any tax, mortgage or other lien upon said land, may redeem the same from any purchaser at any tax sale or adjudication, and may reimburse itself from any royalties accruing hereunder and shall be subrogated to such lien with the right to enforce same. 11. Lessee agrees to defend, indemnify and hold harmless Lessor, its affiliates, and any employee, agent, contractor or other representative of Lessor and its affiliates, from any and all claims, demands, suits, losses, fines, penalties, damages, liabilities, costs and expenses of every character whatsoever (including but not limited to court costs and attorneys' fees) arising out of or in connection with Lessee's operations on the leased lands. 12. If this lease has not sooner terminated, then effective as of five (5) years after expiration of the primary term this lease shall terminate as to all depths below the stratigraphic equivalent of the deepest depth drilled on the leased lands and as to all lands not included within a spacing unit producing or capable of producing oil or gas in paying quantities. In the event the area in which a well is drilled and completed is not spaced as per applicable state oil and gas regulations, then the lease shall be deemed to cover an approximate three hundred twenty (320) acre parcel surrounding and including the well location. Lessee shall file of record an appropriate release within thirty (30) days after the effective date of the termination. 13. At all times during the drilling, testing and completing of any well drilled on the leased lands or on lands pooled therewith, Lessee shall cause Lessor and its affiliates and the employees and agents of Lessor and its affiliates, to have access at their sole risk to the derrick floor and all facilities relating to the drilling of the well(s) and to receive all information relating to such operations including but not limited to daily drilling reports and logs, cores and samples obtained in connection with such operations the same as though Lessor and its affiliates were drilling the well(s). Notices of intent to spud, log and plug and abandon wells shall be furnished to the following: ChevronTexaco Shale Oil Company Attn: J.T. Schmid, Jr., Manager 11111 S. Wilcrest Dr. Houston, TX 77099 Upon written request, Lessee shall furnish all well information, including all reports, logs and samples to: ChevronTexaco Shale Oil Company Attn: Greg Brose 11111 S. Wilcrest Dr. Houston, TX 77099 14. This lease is made without warranty of title, express or implied, and is expressly subject to any exceptions and reservations and other matters affecting title of record. PDC Lease - New Lease #3. doc 2/18/2003 -3- 111111111111111111111111111111111111111 111 111111111 1111 623088 03/18/2003 01t5912 81447 P388 11 fLSDORF 4 of 6 R 38.25 D 0.00 GARFIELD COUNTY CO 15. Lessee shall obtain prior written approval from Lessor for each use of the surface that Lessee proposes to make under this lease, including but not limited to drill sites, access and surface reclamation plans. 15. Notwithstanding that Lessee may have obtained Lessor's approval under paragraph 15 to make various uses of the surface of the leased lands, Lessee's operations shall be subordinate to Lessor's right to conduct shale oil operations on the leased lands at any time in the future. If Lessor determines in its reasonable discretion that Lessee's operations will interfere with Lessor's shale oil operations, Lessee agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of Lessee's wells, gathering systems and other related facilities in order to eliminate an interference shall be home by Lessor. If any such change, cessation or relocation of facilities results in permanent Toss of production, Lessor will compensate Lessee for same at the then fair market value of the leased substance. Effective January 1, 2018 and thereafter, Lessee agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate an interference and Lessor shall have no obligation to compensate Lessee for lost production resulting from such elimination of an interference. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. TAX I.D. 25-0527925 Social Security or Tax Number STATE OF TEXAS COUNTY OF HARRIS ) ) LESSOR CHEVRON U.S.A. INC. By: Its: Attorney -in -Fact LESSEE PETROLEUM DEVELOPMENT CORPORATION By: Its: The foregoing instrument was acknowledged before me this I{" -day of V!/1ivva, , 2003 by O. F. Baldwin II as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission ,�f Expires:q r j1fr [1(itA/1 -1- � A- Notary Public STATE OF HES' VIRGINIA ) COUNTY OF HARRISON ELAINE J. GRABER Notary Public, Stats of Texas My Commlaebn Expires September 30, 2004 The foregoing instrument was acknowledged before me this 21st day of February , 2003 by Thomas E. Riley as VP Marketing of Petroleum Development Corporation. issit. Expires: e 2, 2009 Ri A. Clark PDC Lease - New Lease #3.doc Notary Pub -4- Notary Pu IITA A. CLARK 9t Virginia Petroleum Development Corporation 103 East Main Street, Box 26 Bridgeport, WV 28330 My cummIsslan expires June 2, 2009 2/10/2003 111it1111111 hili II11 iiltll11111 11111111111111 illi lilt 523088 03/18/2003 01:59P 61441 P589 M AI.SDORF 5 of 6 R 36.25 D 0.00 GARFIELD COUNTY CO EXHIBIT A OIL AND GAS LEASE (LEASE #3) Between Chevron U.S.A. Inc. and Petroleum Development Corporation Dated November 15, 2002 830150 — EATON BASIC AGMT NO. 10 & 11 FEE T6S, R97W, 6a' P.M, Midland #6 Section 13: NE/4; Midland #7 Section 13: SE/4; Midland #8 Section 13: SW/4; and Midland #9 Section 13: NW/4; containing 640 acres, more or less. 830210 — EATON BASIC AGMT NO. 9 FEE T6S, R97W, 60' P.M. Community #2: W/2 E12 of Section 12; containing 160 acres, more or less. 116700 — EATON BASIC AGMT NO. 8 (PRATT 11 & 121FEE The Pratt No. 11 Placer Mining Claim comprising the NW/4, and the Pratt No. 12 Placer Mining Claim comprising the NE/4, al! in Section 11, T6S, R97W of the 6s` P.M.; containing 320 acres more or less. 830320 — C. H. DARROW FEE T6S, R97W, Eureka Placer Mining Claim No. 21-2 Eureka Placer Mining Claim No. 21-3 Eureka Placer Mining Claim No. 22-4 Eureka Placer Mining Claim No. 22-3 Oklahoma Placer Mining Claim No. 6 Naomi Placer Mining Claim No. 2 Naomi Placer Mining Claim No. 3 Naomi Placer Mining Claim No. 5 containing 1,400 acres, more or less. Section 21: NW/4; Section 21: SW/4; Section 22: SE/4; Section 22: SW/4; Section 21: NE/4; Section 28: NE/4 NW4, S/2 NW/4; Section 28: NE/4; and Section 21; SE/4; 910370 — EATON BASIC AGMT NO. 8 (PRATT 7 & 8) FEE T6.S R97W, 6th P.M. Pratt No. 7 Claim, embracing Section 11: SE/4; and Pratt No. 8 Claim, embracing Section 11: SW/4; containing 320 acres, more or less. 910390 — EATON BASIC AGMT NO 7 FEE T6S, R97W of the 6th P.M. The Gem No. 1 Placer Claim, being the SE/4 of Section 1; the Gem No. 2 Placer Claim, being the SW/4 of Section 1; and the Community No. 1 Placer Claim, being the E/2 of the E/2 of Section 12; Plus T6S, R97W of the 6c' P.M. The Gem No. 3 Placer Claim, being the SE/4 of Sec. 2; The Gem No. 4 Placer Claim, being the SW/4 of Section, 2; The Gem No. 5 Placer Claim, being Lots 9, 10, 15 and 16, Section 2; The Gem No. 6 Placer Claim, being Lots 11, 12,13 and 14 Section 2; The Gem No. 7 Placer Claim, being Lots 9, 10, 15 and 16 in Section 1; The Gem No. 8 Placer Claim, being Lots 11, 12, 13 and 14, Section 1; PDC Least - New Lease M3.doc 2!18!2003 -5- 111111111111111111111111111111111BEM 1111111111111 623066 8336.23 D30,0059P 81447 P590 M 5D0RF GARFIELD COUNTY CO The Gem No. 9 Placer Claim, being the south 40 acres of each of the Lots 5, 6, 7 and 8 (said 40 acre tracts being now re -platted and numbered as Lots 21, 22, 23 and 24) in Section 1; and The Gem No. 10 Placer Claim being the south 40 acres of each of the Lots 5, 6, 7 and 8 (said 40 acre tracts being now re -platted and numbered as Lots 21, 22, 23 and 24) in Section 2. containing a total of 1760 acres, more or less. 910400 — R. L. EATON AGMT NO 3 FEE T6S. R97W. 6"' P.M. Champion No. 5 Placer Mining Claim, embracing Lots 19 and 20 in Section 1, containing 36.04 acres, more or less. 830310 — D.D. POTTER #11 FEE T6S. R97W. 6th P.M. Lots 1, 2, 3, and 4 in Section 33; and Lots 3 and 4 in Section 34; containing 329.38 acres, more or less. 830300 — A.D. POTTER #7 FEE T6S. R97W. 6th A.M. Denver No. 111 Placer Mining Claim, being SE/4 of Section 28; and Denver No. 112 Placer Mining Claim, being SW/4 of Section 28; comprising 320 acres, more or less. 830290— D.D. POTTER #5 FEE T6S, R97W. 6th P.M. NW/4 NW/4 of Section 28; comprising 40.00 acres, more or less. END OF EXHIBIT A PDC Lease - New Lease /13.doc 2/18)2003 -6- 1111111 11111 1111111 11111 111 111111 11111 111 1111 1111 1111 709687 10/25/2006 11:56A 81856 P389 M ALSDORF QLS 82339[) 1 of 10 R 51.00 0 0.00 GARFIELD COUNTY CO PIPELINE EASEMENT AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD ) THIS PIPELINE EASEMENT AGREEMENT, made this i day of September, 2006, between Chevron U.S.A. Inc, a Pennsylvania corporation, with offices at 11111 S. Wilerest Dr., Houston, Texas 77099, hereinafter referred to as "GRANTOR" and EnCana Oil & Gas (USA) Inc., a Delaware corporation, with offices at 370 17th Street, Suite 1700, Denver, CO 80202, hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property in Garfield County, State of Colorado; and WHEREAS, GRANTOR desires to grant and GRANTEE desires to acquire certain rights in a portion of said real property; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. GRANTOR hereby grants to GRANTEE, subject to the teens and conditions hereof, the following easement: A. A pipeline right-of-way in certain parcels situated commencing in Section 36, T5S-R96W, Sections 4, 5 and 6, T6S-R96W, and Section 1, T6S-R97W, of the 6'" P.M., Garfield County, Colorado and is more particularly described in Exhibit "A", which is attached to this Agreement. This right-of-way is twenty-five feet (25') in width, the centerline of said right-of- way being situated directly over the proposed pipeline right-of-way as further detailed in Exhibit "A", for the sole purpose of laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing one twelve inch (12") pipeline (with valves, meters, fittings, appliances, and related facilities), for the transportation of natural gas and associated liquids and gases, and one eight inch (8") pipeline (with valves, meters, fittings, appliances, and related facilities), for the transportation of water, hereinafter referred to as "the pipeline", over and through the land described in Exhibit "A" hereof, hereinafter referred to as the "Easement Area," in the County of Garfield, State of Colorado. The rights granted herein do not include the right to explore for or produce oil, gas or other minerals, and does not include agricultural, farming, ranching or hunting rights. During the period of initial pipeline construction, GRANTEE shall have the right to use an additional strip of land thirty (30') feet in width along and on either side of the easement and right of way described in this paragraph, except where Grantee's activities will interfere with irrigation ditches, streams, or creeks. If GRANTEE fails to complete construction of its pipeline in the right-of-way granted herein within six (6) months from the date of this Agreement, this Agreement will terminate immediately. GRANTEE shall provide GRANTOR an as built survey of the pipeline as constructed in GRANTOR's Easement within two (2) months of completing construction in GRANTOR'e Easement. 111111 1111111 11111 HI 1111111 11111 111 11111 1111 1111 709687 10/25/2006 11.56A B1856 P390 M ALSDORF 2 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO The above described grants of easement are for the sole purpose of laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing one twelve inch (12") pipeline (with valves, meters, finings, appliances, and related facilities), for the transportation of natural gas and associated liquids and gases, and one eight inch (8") pipeline (with valves, meters, fittings, appliances, and related facilities), for the transportation of water, hereinafter referred to as "the pipeline", over and through . the land described in Exhibit "A" hereof, hereinafter referred to as the "Easement Area," in the County of Garfield, State of Colorado. The rights granted herein do not include the right to explore for or produce oil, gas or other minerals, and does not include agricultural, fanning, ranching or hunting rights. B. GRANTEE shall have the ;right of ingress and egress in, on, over, across and through the Easement Area for any and all purposes necessary to the exercise by GRANTEE of the rights and right-of-ways granted herein. C. GRANTOR reserves the right for itself or its assignees to explore for, mine, and remove oil shale, oil and gas, ores and other minerals in, on or under the Easement Area. D. This Agreement 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 GRANTOR further reserves the right to grant other easements to third parties to cross over or under this easement and right -of ways. GRANTEE is responsible for obtaining any necessary third party consents prior to conducting activities on the Easement Area pursuant to this Agreement. E. GRANTOR makes no warranties or representations concerning the title to the Easement Area. 2. COVENANT THAT OPERATION OF EASEMENT NOT INTERFERE WITH SERVIENT TENEMENT. A. GRANTEE agrees to maintain and operate the easement herein granted in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of GRANTOR's adjoining property, including use thereof for exploration, mining, oil shale development, oil and gas development, farming, ranching and land development. B. GRANTEE shall have no right to locate any permanent surface installation on any part of the Easement Area without the prior written approval of GRANTOR, which approval is separate from and in addition to any rights granted in this Pipeline Easement Agreement. C. GRANTEE agrees to remove top -soil from the Easement Area separately from other material removed by GRANTEE in connection with its activities on the Easement Arca, and to replace such topsoil on completion of any such activity. GRANTEE further agrees to insure that the Easement Area shall be left free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on GRANTOR's lands as the resutt of activities permitted hereunder shall be disposed of at GRANTOR's direction. Except as otherwise provided herein, all areas disturbed as the result of activities permitted hereunder, within three months of installing pipe into the Easement shall be reclaimed to original condition or as near thereto as practicable, which shall include reseeding with seed mixes approved by GRANTOR or GRANTOR's agricultural lessee(s). Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. GRANTEE shall spray all areas affected by construction to control noxious weeds for a period of no less than three growing seasons following the installation of pipe. D. GRANTEE agrees to replace or rebuild, to the satisfaction of GRANTOR, any and all parts of any road or any drainage or irrigation system or other improvement that may be damaged in connection with GRANTEL's activities conducted pursuant to this Agreement. Upon completion of any pipeline construction, replacement, substitution, relocation, or removal activities permitted hereunder, GRANTEE shall grade all permanent roads on GRANTOR's lands which were used in connection with said activities. 2 1111111 11111 1111111 11111 111 NOE 11111111 11111 11111111 709687 10/25/2006 11:56A 81856 P391 M ALSDORF 3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO E. GRANTEE shall have the right to cross fences on the adjoining property of GRANTOR whenever such crossing shall be reasonably necessary in conducting activities permitted under this Agreement. GRANTEE shall maintain a proper enclosure at all times and shall restore such fences to a condition equal to or better than their condition prior to such crossing as promptly as possible 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, its employees, agents, contractors, subcontractors, or invitees. F. GRANTOR reserves the right to fence the whole or any part of the boundaries of the right-of-way, and the right to build fences crossing such easement. G. GRANTEE shall bury its pipeline and subsurface facilities to provide a minimum of thirty-six (36) inches between the top of the pipeline and facilities and the ground level except in those areas where rock is encountered that would otherwise require blasting, in which case, the facilities shall be buried a minimum of eighteen (18) inches below the ground surface. H. Except as otherwise provided herein, GRANTEE shall properly backfill and compact disturbed ground, excavated pipeline trenches, and other excavations in connection with its activities on the Easement Area. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris. Immediately upon completion of any activity performed under this Agreement, GRANTEE shall repair damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and flowlines. All culverts and buried irrigation system pipelines damaged by the activities permitted hereunder shall be replaced by GRANTEE immediately upon completion of the activity. 1. GRANTEE shalt have the ongoing responsibility of assuring that irrigation systems damaged by the activities permitted hereunder are restored to their proper operating condition and that areas of settling and slumping in GRANTOR's fields and pastures, caused by the activities permitted hereunder, are permanently restored to field grade. Y. Except as otherwise provided herein, GRANTEE shall maintain current as -built drawings for the pipeline and all of its surface and subsurface facilities located within the Easement Area and shall provide GRANTOR with copies of such drawings each time they are updated. K. GRANTEE shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. 3. TERM OF AGREEMENT. This Agreement shall be effective for a period beginning September , / , 2006 and shall continue so long as GRANTEE continues to use and maintain the pipeline and associated facilities in the Easement Area without interruption for more than one hundred eighty (180) consecutive days, unless terminated or canceled prior thereto in the manner provided for herein. 4. PAYMENTS. GRANTEE shall pay to GRANTOR a payment in the amount of one thousand five hundred dollars ($1500) upon execution of this agreement. An annual payment, as hereinafter described, shall be made by GRANTEE to GRANTOR on or before each anniversary date of this Agreement, at the address first set forth below in this Section 4. The first of such annual payments shall be in the amount of one thousand five hundred and seventy five dollars ($1575). Said annual payment shalt thereafter increase by Five percent (5%) each year. No payment shall be deemed made by GRANTEE under this Agreement until the correct amount due is actually received by GRANTOR. All payments to GRANTOR hereunder shall be made by GRANTEE's check, malted postage prepaid, to GRANTOR at Chevron Shale Oil Company, P.O, Box 840659, Dallas, TX 75284-0659, which shall continue as the depository for payments hereunder regardless of changes in ownership 1111111111111111111111111111111111111111111111111111111 708687 10/25/2006 11:56A 81856 P392 M ALSDORF 4 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO of the Easement Area. Said payment shall reference this Agreement's QLS as found at the top of page one of this Agreement. 5. USE OF EASEMENT AREA. A. All activities permitted under this Agreement shall be performed and conducted in a careful, safe, and workmanlike manner, and in such manner as will not interfere with GRANTOR's and GRANTOR's lessees', licensees', and permitees' exploration, mining, oil shale, oil and gas, fanning, ranching, Iand development and/or other operations on other lands in the vicinity of the Easement Area. Prior to exercising any rights granted hereunder, GRANTEE shall give notice of GRANTEE's planned construction activities to all persons holding any rights, licenses, permits, easements or leases to use the surface of the Easement Area and lands used for access thereto, B. All activities permitted pursuant to this Agreement shall be performed by or under the direction of GRANTEE, and GRANTEE shall not permit, unless otherwise authorized by GRANTOR, public easements, public facilities, or public roads over or under the Easement ATea. C. GRANTEE shall keep the pipeline and associated facilities in a good and safe condition and, after doing any work which disturbs the surface of the Easement Area, GRANTEE shall restore the surface of the Easement Area to as good a condition as existed prior to such work. D. Notwithstanding that GRANTEE may have obtained GRANTOR's approval under this Agreement to make various uses of the Easement Area, GRANTEE's operations shall be subordinate to GRANTOR's right to conduct shale oil operations on the Easement Area at any time in the future. If GRANTOR determines in its reasonable discretion that GRANTEE's operations will interfere with GRANTOR's shale oil operations, GRANTEE agrees to change, cease or relocate its operations in order to eliminate the interference, Costs incurred prior to January 1, 2018 in connection with the relocation of GRANTEE'S pipeline, valve terminals, gathering systems and other related facilities in order to eliminate interference shall be borne by GRANTOR. Effective January 1, 2018 and thereafter, GRANTEE agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate any interference and GRANTOR shall have no obligation to compensate GRANTEE for lost production or for the costs and expenses of relocating or ceasing operations resulting from such elimination of interference. 6. INDEMNIFICATION. GRANTEE AGREES TO PROTECT, • DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE. GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA, SUCH INDEMNITY SHALL APPLY EVEN IN THE EVENT OF AN JNDEMNITEE'S OWN NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS SOLE. COMPARATIVE. CONTRIBUTORY. CONCURRENT. ACTIVE. OR Z,A55IVE, AND REGARDIJSS OF WHETHER LIABILITY WITHOUT FAULT IS IMPOSED OR FOUGHT TO BE IMPOSER ON ONE OR MORE OF THE INDEMNITEES. THIS 4 111111 11111 1111111 11111 111 111111111111111111111111 Illi -- 709687 10/25/2006 11:56A 01856 P393 M ALSDORF 5 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW, 7. GRANTEE INSURANCE REQUIREMENT. Without in any way limiting GRANTEE'S liability under this Agreement, GRANTEE shall maintain, during the term of this Agrcemcnt, the following insurance with companies and on terms satisfactory to GRANTOR: A. Worker's Compensation and Employers' Lability Insurance as prescribed by applicable law. The limit of liability for Employers' Liability Insurance shall not be less than $el ,000,000 per occurrence. B. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the following supplementary coverages: Contractual Liability to cover liability assumed by GRANTEE under this Agreement; Product and Completed Operations Liability Insurance; Broad Form Property Damage Liability Insurance; and coverage for Explosion, Collapse and Underground hazards. The limit of liability for such insurance shall not be Tess than 51,000,000 per occurrence, C. Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non -owned and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be Tess than 11,000,000 per person/ 51,000,000 per occurrence for bodily injury and 11,000,000 per occurrence for property damage. The insurance specified in this Section Seven shall contain a waiver of subrogation against GRANTOR, and shall name GRANTOR as an additional insured with respect to the activities performed pursuant to this Agreement. In addition, said insurance shall include a requirement that the insurer provide GRANTOR. with 30 -days' written notice prior to the effective date of any cancellation or material change of the insurance. PRIOR TO HAVING ANY RIGHT TO ACCESS THE LANDS SUBJECT HERETO OR EXERCISING ANY OF THE RIGHTS GRANTED IN THIS AGREEMENT, GRANTEE MUST FURNISH GRANTOR WITH COPIES OF THE INSURANCE POLICIES OR CERTIFICATES OF SAID INSURANCE PROVIDING THE COVERAGES AND ENDORSEMENTS REQUIRED HEREIN. All insurance policies or certificates of insurance provided to GRANTOR shall be In a form acceptable to GRANTOR, shall reference this Agreement's QLS number as found at the top of page one of this Agreement and shall be provided to GRANTOR prior to GRANTEE exercising any of the rights granted herein. S. 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 GRANTEE's activities under this Agreement in relation to the pipeline and associated facilities, and to reimburse GRANTOR for any increase in taxes paid by GRANTOR resulting from the value of such pipeline and associated facilities, whether or not separately assessed. GRANTEE shall pay all taxes levied or assessed upon or against GRANTEE's pipeline and associated facilities and operations on the Easement Area. 9. TERMINATION. A. 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 subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. $ 111111111111111111111111III 11111111111111131111111111 709687 10/25/2006 11:568 B1856 P394 M ALSOORF 6 of 10 R 51.00 D 0,00 GARFIELD COUNTY CO B. If, at any time after GRANTEE begins construction of the pipeline, GRANTEE fails to use the Easement Area of any part thereof for the purposes provided hereunder for more than one hundred eighty (ISO) consecutive days, GRANTOR may terminate this Agreement as to those parts of the Easement Area no longer used as above, by written notice to GRANTEE, subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. C. Upon any termination of this Agreement as to all or any part of the Easement Area, and unless otherwise approved by GRANTOR, GRANTEE shall dig up and remove its pipeline and associated facilities. GRANTEE shall have a period of six (6) months from and after the effective date of termination in which to remove the pipeline and all of its associated facilities from the Easement Area or from the part thereof as to which the termination applies. Upon such removal, GRANTEE shall place the Easement Area in a neat, safe and orderly condition. D. Upon termination of the rights herein given, GRANTEE shall execute and deliver to GRANTOR, within thirty (30) days after written demand therefore, a good and sufficient quit claim deed to all interest of GRANTEE in the Easement Area so terminated. Should GRANTEE fail or refuse to deliver to GRANTOR such quit claim deed, or if GRANTOR after a good faith effort to locate GRANTEE is unable to locate GRANTEE, then a written notice by GRANTOR, duly recorded, reciting the failure or refusal of GRANTEE to execute and deliver said quit claim deed, or inability to locate GRANTEE, as herein provided, shall alter 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 obligation to remove its property within six (6) months of such termination. E. Termination shall not operate to extinguish any obligations of GRANTEE which have accrued at the time of termination, or which accrue hereunder upon termination. 10. TRANSFER OF INTEREST. The rights granted to GRANTEE under this Agreement shall not be assigned or otherwise transferred without the prior written consent of GRANTOR. Subject to the foregoing, all of the terms, covenants, and conditions of this Agreement shall be binding upon the successors and assigns of the parties. 11. WAIVER CLAUSE. The failure of either 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 the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, 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. 12. APPLICABLE LAW. This Agreement and the exhibits hereto shall be governed as to validity, enforcement, construction, effect, and in all other respects, by the Iaw of the State of Colorado, and its courts shall have jurisdiction to enforce this Agreement. 13. ATTORNEYS' FEES. In the event of a default by either 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 deems appropriate. 14. NOTICbS. Any notices required or permitted under this Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested Service shall be effective when received. All notices hereunder shat] be directed to the addresses set forth below or such substitute address or addresses as provided to the parties at least 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: Chevron Shale Oil Company Attn: Manager, Shale Oil Development 11111 S. Wilcrest Dr. 111111111111111111111111111111111111111 I D 1111111111111 709587 10/25/2006 11:568 81856 P395 M ALSDORP 7 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO Houston, TX 77099 GRANTEE: Encana Oil & Gas (USA) Inc. 370 17th Street, Suite 1700 Denver, CO 80202 15. CONFLICT OF INTEREST. No director, employee, or agent of either party will give to or receive from any director, employee, or agent of the other party any commission, fee. rebate, gift, or entertainment of significant cost or value in connection with this Agreement. During the term of' this Agreement and for 2 years, thereafter, any mutually agreeable representatives authorized by either party may audit the applicable records of the other party solely for the purpose of determining whether there has been compliance with this paragraph. The provisions of this paragraph will survive termination of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of' the day and year first written above. Chevron U.S.A. Inc. EnCana Oil & Gas (USA) Inc. By: � � By: Name. ��t�.;,j1► Nam Its: ' tomey-in-Fact Its: Amy : N STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me this filly of September, 2006 by I -9/ r J/it- iJI as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires; Notary Public 9:50. moo') STATE OF COLORADO ) ) COUNTY OF DENVER e :4.1;;4 Ryyr ELAINE J. GRADER Notary Public, State of Texas i4 EPR�i4��Expires My Commission September 30, 2008 t was ackao 1 ged before met s y of September, 2006 by as�g[sg4 Mn of EnCana Oil & Gas 7 1111111111111111111111111111111111111111111111111111111 709687 10/25/2006 11:56A 61856 P396 M ALSDORF 8 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO GARDEN GULCH PIPELINE RIGHT-OF-WAY DESCRIPTION A 25' WIDE RIGHT-OF-WAY 12.50' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT A POINT IN THE SW 1/4 SW 1/4 OF SECTION 1, T6S, R97W, 6th P.M. WHICH BEARS N00°06'14"W 827.13' FROM THE SOUTHWEST CORNER OF SAID SECTION 6, THENCE N72°21'34"E 257.89'; THENCE N86°34'13"E 112.71'; THENCE S67° I 1 `51 "E 80.94'; THENCE S63°56'53"E 110.97'; THENCE S58°00'46"E 118.79'; THENCE S54°56'07"E 69.52'; THENCE S54°28'36"E 475.83'; THENCE S41°57'01"E 93.56'; THENCE S27°45'30"E 75.74'; THENCE S23°50'57"E 91.33'; THENCE S23°57'30"E 87.39'; THENCE S38°18'52"E 82.74'; THENCE N88°21'10"E 131.32'; THENCE N70°59'29"E 76.81'; THENCE N69°34'01 "E 280.37'; THENCE N70°56'54"E 110.15'; THENCE N69°35'01 "E 69.14'; THENCE N70°11'13"E 151.94'; THENCE N70°32'14"E 425.70'; THENCE N56°18'57"E 120.11'; THENCE N39°15'03"E 149.97'; THENCE N43°43'55"E 151.75'; THENCE N14°50'54"E 299.85'; THENCE NI 3°00'44"E 177.88'; THENCE N14°55'04"E 235.29'; THENCE N30°39'08"E 42.68'; THENCE N35°06'24"E 88.00'; THENCE N49°26'48"E 40.06'; THENCE N63°42'46"E 97.46'; THENCE N65°37'55"E 196.69'; THENCE N55°02'02"E 182.02'; THENCE N55°16'30"E 136.32'; THENCE N51 °27'27"E 54.29'; THENCE N46°32'06"E 180.93'; THENCE N44°52'21 "E 325.53'; THENCE N70°21'55"E 108.19'; THENCE N81°19'14"E 61.77'; THENCE S88°31'11 "E 185.54'; THENCE S86°57'05"E 188.30'; THENCE S89°45'39"E 186.14'; THENCE N67°58'34"E 83.29'; THENCE N49°38'25"E 114.57'; THENCE N40°54'51 "E 124.19'; THENCE N25° 16'19"E 108.08'; THENCE N16°13'16"E 160,06'; THENCE N 13 °59' 17"E 110.34'; THENCE N 15°49'45 "E 95.30'; THENCE N22°42'21"E 154.43'; THENCE N50°50'17"E 119.19' TO A POINT ON THE EAST LINE OF LOT 16 OF SAID SECTION 1, WHICH BEARS N00°08'24"W 543.26' FROM THE EAST 1/4 CORNER OF SAID SECTION 1, THENCE N50°50'17"E 16.36'; THENCE N78°15'45"E 76.20'; THENCE N68°40'47"E 111.61'; THENCE N72°19' 10"E 163.34'; THENCE N71 °42'33"E 411.60'; THENCE N71 °58'17"E 194.93'; THENCE N85°41'32"E 258.50'; THENCE N85°02'33"E 269.22'; THENCE N84°05'46"E 227.03'; THENCE N81 °22'30"E 200.85'; THENCE N81°21'31 "E 118.86'; THENCE N77°46'54"E 107.01'; THENCE N83°58'02"E 155.88'; THENCE N80°39'43"E 132.13'; THENCE N84° 15'02"E 105.21'; THENCE N77°59'07"E 79.23'; THENCE N81 °44'56"E 120.14'; THENCE N81 °41'44"E 219.80'; THENCE N62° 14'04"E 153.20'; THENCE N62°37'16'8 118.18'; THENCE N55°49' 15"E 106.14'; THENCE N40°24'51 "E 103.21'; THENCE N40°51'53"E 719.37'; THENCE N45°59'46"E 228.82'; THENCE N47°20'15"E 324.02'; THENCE N47°48`39"E 345.51'; THENCE N53°18'27"E 340.37'; THENCE N51°54'03"E 335.85'; THENCE N47°48'32"E 180.64'; THENCE N78°00'27"E 313.45' TO A POINT ON THE EAST LINE OF LOT 8 OF SECTION 6, T6S, R96W, 6th P.M. WHICH BEARS S00°06'40"E 1473.91' FROM THE NORTHEAST CORNER OF SAID SECTION 6, THENCE N78°00'27"E 27.70'; THENCE N81 "10'44"E 271.00'; THENCE N75°47'31 "E 470.94'; THENCE N74°40'12"E 317.78'; THENCE S89°53'18"E 172.08'; THENCE N86°57'23"E 302.50'; THENCE N88°01'08"E 291.87'; THENCE SS6°22'36"E 143.40'; THENCE N88°04'18"E 315.32'; THENCE S87°24'07"E 190.96'; THENCE 11111111111 111111 1111111111111 HEM Mil IIII IIII 709687 10/25/2006 11:56A 81856 P397 M ALSDORF 9 of 10 R 51,00 D 0.00 GARFIELD COUNTY CO N82°5324"E 180.34'; THENCE N82°19'47"E 282.64'; THENCE N75°39'21"E 113.49'; THENCE N87°56'14"E 73.68'; THENCE N72°52'37"E 142.01'; THENCE N66°11'14"E 236.36'; THENCE N42°37'45"E 48.68'; THENCE N70°25'59"E 473.61'; THENCE N79°45'32"E 303.67'; THENCE N62°17'03 "E 230,00'; THENCE N73°44'30"E 252.34'; THENCE N72°40'00"E 182.81'; THENCE N55°32'48"E 394.26'; THENCE N55°26'38"E 453.55' TO A POINT ON THE EAST LINE OF LOT 1 OF SECTION 5, T6S, R96W, 6th P.M. WHICH BEARS S00°12'31"E 40.54' FROM THE NORTHEAST CORNER OF SAID SECTION 5, THENCE N55°26'38"E 71.67' TO A POINT ON THE NORTH LINE OF LOT 5 OF SECTION 4, T6S, R96W, 6th P.M. WHICH BEARS N89°53' 19"E 59.17' FROM THE NORTHWEST CORNER OF SAID SECTION 4, THENCE N55°26'38"E 403.43'; THENCE N39°54'57"E 226.88'; THENCE N31°41'45"E 204.74'; THENCE N29°44'00"E 124.22'; THENCE N59° 11'56"E 137.54'; THENCE N57°38'26"E 261.26'; THENCE N81°24'45"E 56.28'; THENCE N74°49'26''E 157.49'; THENCE N77°04'04"E 95.18; THENCE N38°45'55"E 361.76'; THENCE N82°33'27"E 387.78'; THENCE N83°04'25"E 218.12'; THENCE N86°55'08"E 151.05'; THENCE N84°27'20"E 335.15'; THENCE N87°54'22"E 159.95'; THENCE S88°01'03"E 58.05' TO A POINT IN THE NE 1/4 SE 1/4 OF SECTION 36, T5S, R96W, 6th P.M. WHICH BEARS N19°10'17"W 1438.68' FROM THE SOUTHEAST CORNER OF SAID SECTION 36. THE SIDE LINES OF SAID DESCRIBED RIGHT-OF-WAY BEING SHORTENED OR ELONGATED TO MEET THE GRANTOR'S PROPERTY LINES. BASIS OF BEARINGS IS A G.P.S. OBSERVATION. CONTAINS 15.633 ACRES MORE OR LESS. /' MN S1ALEOIIL. • APPROXIMATE TOTAL PIPELINE DISTANCE = 22,714' i-/- :it,\ at, p:. TIE4N POINT -- F\Ikl11t i pIPFL!\I-. PROPOSED PIPL'.IJ\1. PJOPO'Sf I) ACCES GARDEN (W['I_CEf PIPEI.I\F. SEC HON I. TOS. R97W, 6th P.M. ,F(' FR/NS 4.5 & 6. 1.6S_ f296W. (xn P.M. SECTION 36, Fss, FL9bW, 6th PA. XS tiati ulfi 7.00 1• :h1 Vw'I1u1_ i'I:11, 8407X (4 A .5 77i<) -1+117'P IA) 44'til 7)0)- 11; SCALE: I" 20O0' ( [)f{.1u \ 85:11.G. (REVISED: 00-00-00i 1111 Et PONE CR 4UM:44 LiII MI 1101 Reception#: 721089 1 of312007 10 Ree Fee2:14 $52.00 Doc Fee:O 3 001GARF1ELD6COUNTY Co PIPELINE EASEMENT AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD ) QLS g;4i7S THIS PIPELINE EASEMENT AGREEMENT, made this ` a'.11aay of October, 2006, between Chevron Shale Oil Company, a division of Chevron U.S.A. Inc, a Pennsylvania corporation, with offices at 11111 5. Wilcrest Dr., Houston, Texas 77099, hereinafter referred to as "GRANTOR" and Petroleum Development Corporation, a Nevada corporation, with offices at 3801 Carson Avenue, Evans, CO 80620, hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property in Garfield County, State of Colorado; and WHEREAS, GRANTOR desires to grant and GRANTEE desires to acquire certain rights in a portion of said real property; NOW, THEREFORE, in consideration of the sum of Ten Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. GRANTOR hereby grants to GRANTEE, subject to the terms and conditions hercot the following easement: A. A non-exclusive pipeline right-of-way in certain parcels situated in Sections 1, I2, and 13, T6S-R97W, and Sections 19, 20, 29, and 33, T5S, R96W, of the 6th P.M., Garfield County, Colorado and is more particularly described in Exhibit "A", which is attached to this Agreement. This right-of-way is one hundred feet (100') in width, the centerline of said right- of-way being situated directly over the proposed pipeline right-of-way as further detailed in Exhibit "A", for the sole purpose of surveying, laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing multiple pipelines (with above -ground valves, meters, drips, fittings, appliances, and related facilities), for the transportation of natural gas and associated liquids and gases, and water, hereinafter referred to es "the pipeline", over and through the land described in Exhibit "A" hereof', hereinafter referred to as the "Easement Area," in the County of Garfield, State of Colorado. The rights granted herein do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, fanning, ranching or hunting rights. This Grant of Easement is strictly limited to the acreage as described in Exhibit "A" and if GRANTEE disturbs any of Grantor's Lands which are not a part of this agreement, GRANTEE shall pay damages to Grantor for the disturbance and shall immediately restore said lands to their original condition. If any pipelines or related equipment are installed in, on, or under any acreage other than that specifically set forth on Exhibit "A," then upon Grantor's written request, Grantee shall immediately remove that portion of pipeline and/or equipment, re-route and/or relocate the pipeline and/or equipment, and shall restore the disturbed acreage (both the portion disturbed which is located outside of that specified on Exhibit "A," and that portion disturbed located within Exhibit "A") to the its original condition. B. GRANTEE shall have the right of ingress and egress in, on, over, across and through the Easement Arca for any and all purposes necessary to the exercise by GRANTEE of the rights and right-of-ways granted herein. 16 NYd MIi II I Reeeptton#: 721069 04!13/2007 01:42:14 Pei 8:1913 P:0442 Jean Alberlco 2 of 10 Reo Fee:$52.00 Doc F00:0.00 GARFIELD COUNTY CO C. GRANTOR reserves the right for itself or its assignees to explore for, mine, and remove oil shale, oil and gas, ores and other minerals in, on or under tie Easement Area. D. This Agreement 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 GRANTOR further reserves the right to grant other easements to third parties to cross over or under this easement and right -of ways. GRANTEE is responsible for obtaining any necessary third party consents prior to conducting activities on the Easement Area pursuant to this Agreement, E. GRANTOR makes no warranties or representations concerning the title to the Easement Area. 2, COVENANT THAT OPERATION OF EASEMENT NOT INTERFERE WITH SERVIENT TENEMENT. A. GRANTEE agrees to maintain and operate the easement herein granted in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of GRANTOR' s adjoining property, including use thereof for exploration, mining, oil shale development, oil and gas development, farming, ranching and land development. 8. Except for above -ground valves, meters, drips, fittings, appliances, and related facilities as provided for herein, GRANTEE shall have no right to locate any permanent surface installation on any part of the Easement Area without the prior written approval of GRANTOR, which approval is separate from and in addition to any rights granted in this Pipeline Easement Agreement. C. GRANTEE agrees to remove top -soil from the Easement Area separately from other material removed by GRANTEE in connection with its activities on the Easement Area, and to replace such topsoil on completion of any such activity. GRANTEE further agrees to insure that the Easement Area shall be left free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on GRANTOR's lands as the result of activities permitted hereunder shall be disposed of at GRANTOR's direction. Except as otherwise provided herein, all areas disturbed as the resutt of activities permitted hereunder, within three months of installing pipe into the Easement shall be reclaimed to original condition or as near thereto as practicable, which shalt include reseeding with seed mixes approved by GRANTOR or GRANTOR's agricultural lessee(s). Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. GRANTEE shall spray all areas affected by construction to control noxious weeds for a period of no less than three growing seasons following the installation of pipe. D. GRANTEE agrees to replace or rebuild, to the satisfaction of GRANTOR, any and alt pans of any road or any drainage or irrigation system or other improvement that may be damaged in connection with GRANTEE'S activities conducted pursuant to this Agreement. Upon completion of any pipeline construction, replacement, substitution, relocation, or removal activities permitted hereunder, GRANTEE shall grade all permanent roads on GRANTOR's lands which were used in connection with said activities. E. GRANTEE shall have the right to cross fences on the adjoining property of GRANTOR whenever such crossing shall be reasonably necessary in conducting activities permitted under this Agreement. GRANTEE shall maintain a proper enclosure at all times and shall restore such fences to a condition equal to or better than their condition prior to such crossing as promptly as possible 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, its employees, agents, contractors, subcontractors, or invitees. F. GRANTOR reserves the right to fence the whole or any part of the boundaries of the right-of-way, and the right to build fences crossing such easement. 1111 It 10 11011 111 MUM Nei 11111 Reception#: 721069 04/13/2007 04:42:14 PM B:1813 P:0443 Jean Alberico 3 of 10 Reo Fee:$62.00 Doc Fee:0.00 GARFIELD COUNTY CO G. GRANTEE shall bury its pipeline and subsurface facilities to provide a minimum of thirty-six (36) inches between the top of the pipeline and facilities and the ground level except in those areas where rock is encountered that would otherwise require blasting, in which cast, the facilities shall be buried a minimum of eighteen (18) inches below the surface. H. Except as otherwise provided herein, GRANTEE shall properly backfill and compact disturbed ground, excavated pipeline trenches, and other excavations in connection with its activities on the Easement Area. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris. immediately upon completion of any activity performed under this Agreement, GRANTEE shall repair damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and flowlines. All culverts and buried irrigation system pipelines damaged by the activities permitted hereunder shall be replaced by GRANTEE immediately upon completion of the activity, 1. GRANTEE shall have the ongoing responsibility of assuring that irrigation systems damaged by the activities permitted hereunder are restored to their proper operating condition and that areas of settling and slumping in GRANTOR'S fields and pastures, caused by the activities permitted hereunder, are permanently restored to field grade. J. Except as otherwise provided herein, GRANTEE shall maintain current as -built drawings for the pipeline and all of its surface and subsurface facilities located within the Easement Area and shall provide GRANTOR with copies of such drawings each time they are updated. K. GRANTEE shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. L. GRANTEE shall determine if any activities require any permits or approvals from any agencies, organizations, groups, governmental committees or other entities having jurisdiction over such activities and shall be solely responsible for obtaining such approvals or permits. M. GRANTEE shall participate in conducting a vegetative cover and sage grouse habitat study, approved by a Chevron Health, Environment 84 Safety representative, in Section 29, T5S, R96W 6 P.M. Said study shall be initiated, to the satisfaction of GRANTOR, before pipeline construction in said Section 29 proceeds. The study shall include a mutually agreeable time frame covering the period before, during and after pipeline construction activities in said section. A mitigation plan for said Section 29 shall be developed by GRANTOR, based on the results of said study and other information, and implemented at the sole cost of GRANTEE. N. A segment of the proposed pipeline corridor on GRANTOR surface, approximately between and including lines L142 and L151, will parallel a steep two -hack road and adjacent gulley heading north into the Bear Run drainage in the NW/4, Section 29, TSS, R96W 6m P.M. The pipeline corridor and pipelines located therein shall not encroach on or be placed in said gulley. Following construction of pipelines in said segment, GRANTEE shall place and maintain obstacles across the two -track road so it can no longer be used. O. GRANTEE shall comply with all federal, state and local laws and regulations governing the discharge of construction and other material into drainages. GRANTEE shall be responsible for the adequacy of its pipeline designs and construction, including, but not limited to, design and construction of drainage crossings. P. GRANTEE shall control fugitive dust during construction of the pipeline on GRANTOR surface. Q. GRANTEE shall ensure all pipeline corridor cut and fill areas and other disturbed areas on GRANTOR surface are recontoured to generally conform with the surrounding terrain. 1111 rd 14ALIA MILK St KIRI Nil IP 11111 Recep..tont#: 721069 404 of 310 Roo 01:42:14 ee;$52.a0 Doe Fee:0.C913 0GARFIELDJean bCrioo OUNTY CO 11 Pipeline construction activities on GRANTOR surface shall be coordinated with GRANTOR's surface lessees to minimize conflicts for both GRANTEE and the lessees. 3. TERM OF AGREEMENT. Unless terminated or canceled prior thereto in the manner provided for herein, the tam of this Agreement shall be a period of one (1) year from the effective date hereof, and shall continue so long as GRANTEE continues to use and maintain the pipeline and associated facilities in the Easement Arca without interruption for more than one hundred eighty (180) consecutive days, at which time GRANTOR will have the option of terminating this Agreement as provided in Paragraph 9B. 4. PAYMENTS. GRANTEE shall pay to GRANTOR a payment in the amount of four thousand dollars ($4000) upon execution of this agreement. An annual payment, as hereinafter described, shall be made by GRANTEE to GRANTOR on or before each anniversary date of this Agreement, at the address fust set forth below in this Section 4. The first of such annual payments shall be in the amount of four thousand two hundred dollars ($4200). Said annual payment shall thereafter increase by Five paeent (5%) each year. No payment shall be deemed made by GRANTEE under this Agreement until the correct amount due is actually received by GRANTOR All payments to GRANTOR hereunder shall be made by GRANTEE'S check, mailed postage prepaid, to GRANTOR at Chevron Shale Oil Company, P.O. Box 840659, Dallas, TX 75284.0659, which shall continue as the depository for payments hereunder regardless of changes in ownership of the Easement Area, until such time as Grantee is notified, in writing. of a change of corporate name, identity and/or address of GRANTOR. Said payment shall reference this Agreement's QLS as found at the top of page one of this Agreement 5. USE OF EASEMENT AREA. A. All activities permitted under this Agreement shall be performed and conducted in a careful, safe, and workmanlike manner, and in such manner as will not interfere with GRANTOR's and GRANTOR's lessees', licensees', and pennitees' exploration, mining, oil shale, oil and gas, farming, ranching, land development and/or other operations on other lands in the vicinity of the Easement Area. Prior to exercising any rights granted hereunder, GRANTEE shall give notice of GRANTEE'S planned construction activities to all persons holding any rights, licenses, permits, easements or leases to use the surface of the Easement Area and lands used for access thereto. 13. All activities permitted pursuant to this Agreement shall be performed by or under the direction of GRANTEE, and GRANTEE shall not permit, unless otherwise authorized by GRANTOR, public easements, public facilities, or public roads over or under the Easement Area. C. GRANTEE shall keep the pipeline and associated facilities in a good and safe condition and, after doing any work which disturbs the surface of the Easement Area, GRANTEE shall restore the surface of the Easement Area to as good a condition as existed prior to such work. D. Notwithstanding that GRANTEE may have obtained GRANTOR's approval under this Agreement to make various uses of the Easement Area, GRANTEE'S operations shall be subordinate to GRANTOR's right to conduct shale oil operations on the Easement Area at any time in the future. If GRANTOR determines in its reasonable discretion that GRANTEE's operations will interfere with GRANTOR's shale oil operations, GRANTEE agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of GRANTEE'S pipeline, valve terminals, gathering systems and other related facilities in order to eliminate interference shall be borne by GRANTOR. Effective January 1, 2018 and thereafter, GRANTEE agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate any interference and GRANTOR shall have no obligation to compensate GRANTEE for lost production or for the costs and expenses of relocating or ceasing operations resulting from such elimination of interference. r IIII Ilan P 1 I ' 10,1114„ !,MI IN11111 Reception#: 721069 04/13/2007 01:42:14 PM 8:1913 P;0445 Jean Albarioo 5 of 10 Reo Fee:$52,00 Doc Fee:0.00 GARFIELD COUNTY GO 6. INDEMNIFICATION. GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE, GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. $UcKINUMNJTY SHAM., APPLY EVEN IN THE fyENT OF AN INDEMNITEE'$ _OWN NEGLIGENCE. WHETHER SUCH NEGLIGENCE 15 §OLE. COMPARATIVE. C9NTRIBUTORY. CONCURRENT. ACTIVE. OR PASSIVE, ND REGAjt.pLESS OF WJIETHER LIABILITY WITHOUT FAULT IS IMPOSED OR ;OUGIjJ 'CQ BE IMPOSEB911 QNE OR MORE OF THE INDEMNITkES. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT I5 VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 7. GRANTEE INSURANCE REQUIREMENT. Without in any way limiting GRANTEE'S liability under this Agreement, GRANTEE shall maintain, during the term of this Agreement, the following insurance with companies and on terms satisfactory to GRANTOR: A. Worker's Compensation and Employers' Liability Insurance as prescribed by applicable law. The limit of liability for Employers' Liability Insurance shall not be less than 51,000,000 per occurrence. B. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the following supplementary coverages: Contractual Liability to cover liability assumed by GRANTEE under this Agreement; Product and Completed Operations Liability Insurance; Broad Form Property Damage Liability Insurance; and coverage for Explosion. Collapse and Underground Hazards. The limit of liability for such insurance shall not be less than $1,000,000 per occurrence. C. Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non -owned and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less than 51,000,000 per person/ 51,000,000 per occurrence for bodily injury and 51,000,000 per occurrence for property damage. The insurance specified in this Section Seven shall contain a waiver of subrogation against GRANTOR, and shall name GRANTOR as an additional insured with respect to the activities performed pursuant to this Agreement. In addition, said insurance shall include a requirement that the insurer provide GRANTOR with 30 -days' written notice prior to the effective date of any cancellation or material change of the insurance. PRIOR TO HAVING ANY RIGHT TO ACCESS THE LANDS SUBJECT HERETO OR EXERCISING ANY OF THE RIGHTS GRANTED IN THIS AGREEMENT, GRANTEE MUST FURNISH GRANTOR WITH COPIES OF THE INSURANCE POLICIES OR CERTIFICATES OF SAID INSURANCE PROVIDING THE COVERAGES AND ENDORSEMENTS REQUIRED HEREIN. All insurance policies or certificates of insurance provided to GRANTOR shall be in a form acceptable to GRANTOR, shall reference this Agreement's QLS number as found at the X1111114101.4141.1VilII 01 Reeeptlanti : 721069 64 of 310 ReagFee.$ 2.00 Doc9Fee:0.00dGARFIELDbCOUNTY CO top of page one of this Agreement and shat) be provided to GRANTOR prior to GRANTEE exercising any of the rights granted herein. 8. 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 GRANTEE'S activities under this Agreement in relation to the pipeline and associated facilities, and to reimburse GRANTOR for any increase in taxes paid by GRANTOR resulting from the value of such pipeline and associated facilities, whether or not separately assessed. GRANTEE shall pay all taxes levied or assessed upon or against GRANTEE's pipeline and associated facilities and operations on the Easement Area. 9. TERMINATION. A. 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 may then be terminated in writing by GRANTOR subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. GRANTOR'S right to terminate this Agreement when GRANTEE has not corrected a default within thirty (30) days, shall be a continuing right of GRANTOR fbr the life of this Agreement. If this Agreement is terminated under this provision, said termination shall be effective the date the notice of same is placed in the mail addressed to GRANTEE. B. If, at any time after GRANTEE begins construction of the pipeline, GRANTEE Ms to use the Easement Area or any linear part thereof for the purposes provided hereunder for more than one hundred eighty (180) consecutive days, GRANTOR may terminate this Agreement as to those parts of the Easement Area no longer used es above, by written notice to GRANTEE, subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. At such time OS GRANTEE has reached the one hundred and eighty (180) day threshold, GRANTEE must deliver notice of the nonuse to GRANTOR within one (1) month of said threshold date. If GRANTEE fails to deliver said notice of nonuse to GRANTOR within the specified one (1) month time period, then this Agreement shall automatically terminate. C. Upon any termination of this Agreement as to all or any linear part of the Easement Area, and unless otherwise approved by GRANTOR, GRANTEE shall dig up and remove its pipeline and associated facilities. GRANTEE shall have a period of six (6) months from and after the effective date of termination in which to remove the pipeline and all of its associated facilities from the Easement Area or from the part thereof as to which the termination applies. Upon such removal, GRANTEE shall place the Easement Area in a neat, safe and orderly condition. D. Upon termination of the rights herein given, GRANTEE shall execute and deliver to GRANTOR, within thirty (30) days after written demand therefore, a good and sufficient quit claim deed to all interest of GRANTEE in the Easement Area so terminated. Should GRANTEE fail or refuse to deliver to GRANTOR such quit claim deed, or if GRANTOR after a good faith effort to locate GRANTEE is unable to locate GRANTEE, then a written notice by GRANTOR, duly recorded, reciting the failure or refusal of GRANTEE to execute and deliver said quit claim deed, or inability to locate GRANTEE, 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 obligation to remove its property within six (6) months of such termination. E. Termination shall not operate to extinguish any obligations of GRANTEE which have accrued at the time of termination, or which accrue hereunder upon termination. 10. TRANSFER OF INTEREST. The rights granted to GRANTEE under this Agreement shall not be assigned or otherwise transferred without the prior written consent of 6 ■lll...,v,lici Il ifigIOLIKIWIT LM1IM 11111! Reception0: 7210B9 0477 of a10 RecOFee:$52.00 4 PM Dcc9Fee:O 007GARFIELD COUNTY CO GRANTOR. Subject to the foregoing, all of the temps, covenants, and conditions of this Agreement shall be binding upon the successors and assigns of the parties. 11. WAIVER CLAUSE. The failure of either 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 the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, 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. 12. APPLICABLE LAW. This Agreement and the exhibits hereto shall be governed as to validity, enforcement, construction, effect, and in ail other respects, by the law of the State of Colorado, and its courts shall have jurisdiction to enforce this Agreement. 13. ATTORNEYS' FEES. In the event of a default by either 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 deems appropriate. 14. NOTICES. Any notices required or permitted under this Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. 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 at least 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: Chevron Shale Oil Company Attn: Manager, Shale O11 Development 11111 S. W ilcreat Dr. Houston, TX 77099 GRANTEE: Petroleum Development Corporation 3801 Carson Avenue Evans, CO 80620 15. CONFLICT OF INTEREST. No director, employee, or agent of either party will give to or receive from any director, employee, or agent of the other party any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement. During the term of this Agreement and for 2 years, thereafter, any mutually agreeable representatives authorized by either party may audit the applicable records of the other party solely for the purpose of determining whether there has been compliance with this paragraph. The provisions of this paragraph will survive termination of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. Chevron U.S.A. Inc. Petroleum By: e.. Name: r. Its: Attorney -in -Fact 7 By: Name: Its: Ira OA 1111K FaIio/1111111141.ftli r1t lW M 1111 Reception0: 721069 04/13/2007 01:42:14 PM B:1913 P:0448 .leen Rlberioo 8 of 10 Rec Fee:t62.00 Doc Fee:0.00 #1RFIELLI COUNTY CO STATE OF TEXAS COUNTY OF HARRIS ) ) ) 1 The foregoing 1n trument was acknowledged before me this 1'5 day of , 201 by a7 t -✓i1 t7�G as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires: q r30-17 Notary Public .4tzvtag.Li STATE OF COLORADO COUNTY OF H761it.1. t . tik ELAINE J. GRABER Notary Au41ic Suite of Tema My Comni ss on Evia Sealernbet 30, 200E The foregoing instru ncnt was acknowledged before me this ay of October, 2006 by Petroleum 1)10,440 w. G..J..M. as Development Corporation. My GornrresSiof1 Expires My Commission Expires: 05113!2008 Notary Public ,urn to: etroleum Development Corporation 1775 Sherman Street, Suite 3000 Denver, CO 80203 A Fn: z ermi Aktale r - s 110 tem Rom 1bE GRAPHIC SC►tE�N FLEET CENTERLINE METES AND BOUNDS OF PROPOSED BERRY PETROLEUM COMPANY 100' WIDE NATURAL GAS PIPELINE RIGHT OF WAY SITUATE IN SECTIONS 19, 20, 29, 30, 32, AND 33 TOWNSHIP 5 SOUTH, RANGE 96 WEST AND SECTIONS 1, 12, AND 13, TOWNSHIP 6 SOUTH, RANGE 97 WEST, SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO CONOTRUCTICN dlQvKt6, TNG. 00912 &NRIS6 BLVD. 61LT, CO 81662 V0-916.6163 N011: I. TOTAL LINOIN OF NATURAL OAS PIPE OR CREAK PROPERTY 340.907 L.F. . TOTAL LENOTN 0f NATURAL 0A4 PIPE ER TRUST PROPERTY - 413.044 L.F. 3. 101011E401H of NATURAL CAS P00 + 331N53 4F 4. TME RENON OE PIPE 9YEN IS A HOP0ZCNTAL (MGR(' 0RAf1E0 9Y: O.xw 04[4010 Rn 0x9 4001]011 1811: 00-11-06 OATS 40-14-06 0411 14440.4ERRY0ASLN( SHPELI LE 1 1111 IA 117MNII,Miliii1V11411111tehin I0,10' 11 III Reeeptlon#: 728084 07116/2007 03!24:19 PM 8: 1950 P- 8481 Joan Alberto° 1 or 8 Rao Fee.$41.00 Ooc Fee:0,00 GARFIELO COUNTY CO PIPELINE EASEMENT AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD ) QLS etV i5-4 THIS PIPELINE EASEMENT AGREEMENT, made this 23 d1 y of October, 2006, between Chevron Shale Oil Company, a division of Chevron U.S.A. Inc, a Pennsylvania corporation, with offices at 111 1 1 S. Wilcrest Dr., Houston, Texas 77099, hereinafter referred to as "GRANTOR" and Marathon Oil Company. an Ohio corporation, with offices at 5555 San Felipe Road, Houston, TX 77056, hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property in Garfield County, State of Colorado; and WHEREAS, GRANTOR desires to grant and GRANTEE desires to acquire certain rights in a portion of said real property; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby Acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. GRANTOR hereby grants to GRANTEE. subject to the terms and conditions hereof, the following easement: A. A non-exclusive pipeline right-of-way in certain parcels situated in Sections I. 12. and 13, T6S-R97W, and Sections 19, 20, 29, and 33, T5S, R96W, of the 63.' P.M., Garfield County, Colorado and is more particularly described in Exhibit "A", which is attached to this Agreement. This right-of-way is one hundred feet (100') in width, the centerline of said right- of-way being situated directly over the proposed pipeline right-of-way as further detailed in Exhibit "A", for the sole purpose of surveying, laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing multiple pipelines (with above -ground valves, drips. meters, fittings, appliances, and related facilities), for the transportation of natural gas and associated liquids and gases, and water, hereinafter referred to as "the pipeline", over and through the land described in Exhibit "A" hereof, hereinafter referred to as the "Easement Area," in the County of Garfield, State of Colorado. The rights granted herein do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, farming, ranching or hunting rights. This Grant of Easement is strictly limited to the acreage as described in Exhibit "A" and if GRANTEE disturbs any of Grantor's Lands which are not a part of this agreement, GRANTEE shall pay damages to Grantor for the disturbance and shall immediately restore said lands to their original condition. If any pipelines or related equipment are installed in, on, or under any acreage other than that specifically set forth on Exhibit "A," then upon Grantor's written request, Grantee shall immediately remove that portion of pipeline and/or equipment, re-route and/or relocate the pipeline and/or equipment, and shall restore the disturbed acreage (both the portion disturbed which is located outside of that specified on Exhibit "A," and that portion disturbed located within Exhibit "A") to the its original condition. 13. GRANTEE shall have the right of ingress and egress in, on, over, across and through the Easement Area for any and all purposes necessary to the exercise by GRANTEE of the rights and right•of-ways granted herein. 1111 IA 147,11vM11 iiiitrikh°,141r I iR IN 11 II I Recant ionfi: 728084 07/16/2007 03:24:19 PM R: 1950 P: 3482 Jean ptberico 2 of 8 Rec Fee -$41.00 Doc Fee:0.00 GARFIELD COUNTY CO C. GRANTOR reserves the right for itself or its assignees to explore for, mine, and remove oil shale, oil and gas, ores and other minerals in, on or under the Easement Area. D. This Agreement 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 GRANTOR further reserves the right to grant other easements to third parties to cross over or under this easement and right -of ways. GRANTEE is responsible for obtaining any necessary third party consents prior to conducting activities on the Easement Area pursuant to this Agreement. E. GRANTOR makes no warranties or representations concerning the title to the Easement Area, 2. COVENANT THAT OPERATION OF EASEMENT NOT INTERFERE WITH SERVIENT TENEMENT. A. GRANTEE agrees to maintain and operate the easement herein granted in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of GRANTOR's adjoining . property, including use thereof for exploration, mining, oil shale development, oil and gas development, farming, ranching and land development. B. Except for above -ground valves, meters, drips, fittings, appliances, and related facilities as provided for herein, GRANTEE shall have no right to locate any permanent surface installation on any part of the Easement Area without the prior written approval of GRANTOR, which approval is separate from and in addition to any rights granted in this Pipeline Easement Agreement. C. GRANTEE agrees to remove top -soil from the Easement Area separately from other material removed by GRANTEE in Connection with its activities on the Easement Area, and to replace such topsoil on completion of any such activity. GRANTEE further agrees to insure that the Easement Area shall be lett free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on GRANTOR's lands as the result of activities permitted hereunder shall be disposed of at GRANTOR's direction. Except as otherwise provided herein, all areas disturbed as the result of activities permitted hereunder, within three months of installing pipe into the Easement shall be reclaimed to original condition or as near thereto as practicable, which shall include reseeding with seed mixes approved by GRANTOR or GRANTOR'S agricultural lessee(s). Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. GRANTEE shall spray all areas affected by construction to control noxious weeds for a period of no less than three growing seasons following the installation of pipe. D. GRANTEE agrees to replace or rebuild, to the satisfaction of GRANTOR, any and all parts of any road or any drainage or irrigation system or other improvement that may be damaged in connection with GRANTE,E's activities conducted pursuant to this Agreement. Upon completion of any pipeline construction, replacement, substitution, relocation, or removal activities permitted hereunder, GRANTEE shall grade all permanent roads on GRANTOR's lands which were used in connection with said activities. E. GRANTEE shall have the right to cross fences on the adjoining property of GRANTOR whenever such crossing shall be reasonably necessary in conducting activities permitted under this Agreement. GRANTEE shall maintain a proper enclosure at all times and shall restore such fences to a condition equal to or better than their condition prior to such crossing as promptly as possible 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, its employees, agents, contractors, subcontractors, or invitees. F. GRANTOR reserves the right to fence the whole or any part of the boundaries of the right-of-way, and the right to build fences crossing such easement. 2 J 1111 I r iw ill iii iii! l r l/Feta li lit 1111 ReceptionIt : 728084 0711612007 03:24:19 PM B: 1950 P: 0483 Jean Alberico 3 of 8 Rec Fee:$41.00 Doe Pee:0.00 GARFIELO COUNTY CO G. GRANTEE shall bury its pipeline and subsurface facilities to provide a minimum of thirty-six (36) inches between the top of the pipeline and facilities and the ground level except in those areas where rock is encountered that would otherwise require blasting, in which case, the facilities shat) be buried a minimum of eighteen (18) inches below the surface. H, Except as otherwise provided herein, GRANTEE shall properly backfill and compact disturbed ground. excavated pipeline trenches, and other excavations in connection with its activities on the Easement Area. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris. Immediately upon completion of any activity performed under this Agreement, GRANTEE shall repair damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and flowlines. All culverts and buried irrigation system pipelines damaged by the activities permitted hereunder shall be replaced by GRANTEE immediately upon completion of the activity. I. GRANTEE shall have the ongoing responsibility of assuring that irrigation systems damaged by the activities permitted hereunder are restored to their proper operating condition and that areas of settling and slumping in GRANTOR's fields and pastures, caused by the activities permitted hereunder, are permanently restored to field grade. J. Except as otherwise provided herein, GRANTEE shall maintain current as -built drawings for the pipeline and all of its surface and subsurface facilities located within the Easement Area and shall provide GRANTOR with copies of such drawings each time they are updated. K. GRANTEE shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. L. GRANTEE shall determine if any activities require any permits or approvals from any agencies, organizations, groups. governmental committees or other entities having -jurisdiction over such activities and shall be solely responsible for obtaining such approvals or permits. M. GRANTEE shall participate in conducting a vegetative cover and sage grouse habitat study. approved by a Chevron Health, Environment & Safety representative, in Section 29, T5S, R96W 6 P.M. Said study shall be initiated, to the satisfaction of GRANTOR, before pipeline construction in said Section 29 proceeds. The study shall include a mutually agreeable time frame covering the period before, during and after pipeline construction activities in said section. A mitigation plan for said Section 29 shall be developed by GRANTOR, based on the results of said study and other information, and implemented at the sole cost of GRANTEE. N. A segment of the proposed pipeline corridor on GRANTOR surface, approximately between and including lines L142 and L151, will parallel a sleep two -track road and adjacent gulley heading north into the Bear Run drainage in the NW/4, Section 29, T5S, R96W 6°i P.M. The pipeline corridor and pipelines located therein shall not encroach an or be placed in said gulley. Following construction of pipelines in said segment, GRANTEE shall place and maintain obstacles across the two -track road so it can no longer be used. O. GRANTEE shall comply with all federal, state and local laws and regulations governing the discharge of construction and other material into drainages. GRANTEE shall be responsible for the adequacy of its pipeline designs and construction, including, but not limited to, design and construction of drainage crossings. P. GRANTEE shall control fugitive dust during construction of the pipeline on GRANTOR surface. Q. GRANTEE shall ensure all pipeline corridor cut and fill areas and other disturbed areas on GRANTOR surface are recontoured to generally confonn with the surrounding terrain. : 1111 ,117.1*fillit64IL1,W14lfl &'6 YrIN 111(1 Reeeptionll; 728084 07/1612007 03.24:19 PM 8: 1950 P: 0484 Jern Alberico 4 of 8 Ret Fee:$41.00 Doc Fee:0.00 C,ARF1ELD COUNTY CO R. Pipeline construction activities on GRANTOR surface shall be coordinated with GRANTOR's surface lessees to minimize conflicts for both GRANTEE and the lessees. 3. TERM OF AGREEMENT. Unless terminated or canceled prior thereto in the manner provided for herein, the term of this Agreement shall be a period of one t 1) year from the effective date hereof, and shall continue so long as GRANTEE continues to use and maintain the pipeline and associated facilities in the Easement Area without interruption for more than one hundred eighty (180) consecutive days, at which time GRANTOR will have the option of terminating this Agreement as provided in Paragraph 9B. 4. PAYMENTS. GRANTEE shall pay to GRANTOR a payment in the amount of four thousand dollars ($4000) upon execution of this agreement. An annual payment, as hereinafter described, shall be made by GRANTEE to GRANTOR on or before each anniversary date of this Agreement, at the address first set forth below in this Section 4. The first of such annual payments shall be in the amount of four thousand two hundred dollars ($4200). Said annual payment shall thereafter increase by Five percent (5%) each year. No payment shall be deemed made by GRANTEE under this Agreement until the correct amount due is actually received by GRANTOR. All payments to GRANTOR hereunder shall be made by GRANTEE'S check, mailed postage prepaid, to GRANTOR at Chevron Shale Oil Company, P.O. Box 840659, Dallas, TX 75284-0659, which shall continue as the depository for payments hereunder regardless of Changes in ownership of the Easement Area, until such time as Grantee is notified, in writing, of a change of corporate name, identity and/or address of GRANTOR. Said payment shall reference this Agreement's QLS as found at the top of page one of this Agreement. 5. USE OF EASEMENT AREA, A. All activities permitted under this Agreement shall be performed and conducted in a careful, safe, and workmanlike manner, and in such manner as will not interfere with GRANTOR's and GRANTOR's lessees', licensees', and permitees' exploration, mining, oil shale, oil and gas, farming, ranching, land development and/or other operations on other lands in the vicinity of the Easement Area. Prior to exercising any rights granted hereunder, GRANTEE shall give notice of GRANTEE's planned construction activities to all persons holding any rights. licenses, permits, easements or leases to use the surface of the Easement Area and lands used for access thereto. B. All activities permitted pursuant to this Agreement shall be performed by or under the direction of GRANTEE, and GRANTEE shall not permit. unless otherwise authorized by GRANTOR, public easements, public facilities, or public roads over or under the Easement Area. C. GRANTEE shall keep the pipeline and associated facilities in a good and safe condition and, after doing any work which disturbs the surface of the Easement Area, GRANTEE shall restore the surface of the Easement Area to as good a condition as existed prior to such work. D. Notwithstanding that GRANTEE may have obtained GRANTOR's approval under this Agreement to make various uses of the Easement Area, GRANTEE'S operations shall be subordinate to GRANTOR's right to conduct shale oil operations on the Easement Area at any time in the future. If GRANTOR determines in its reasonable discretion that GRANTEE's operations will interfere with GRANTOR's shale oil operations, GRANTEE agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of GRANTEE's pipeline, valve terminals, gathering systems and other related facilities in order to eliminate interference shall be borne by CrRANTOR. Effective January 1, 2018 and thereafter, GRANTEE agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate any interference and GRANTOR shall have no obligation to compensate GRANTEE for lost production or for the costs and expenses of relocating or ceasing operations resulting from such elimination of interference. 4 ' 111 !A 11171,116M11,10,14111,41111111/114,10 11111 Recept, l ontt : 728084 07116/2007 03,24:19 PM 3: 1950 9: 04$5 Jean Atbarico 5 of 8 Rep Fee:$41.00 Doc Fee:0.0O GARFIELD COUNTY CO 6. INDEMNIFICATION, GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES'") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE, GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. SUCH INDEMNITY SHALL APPLY EVEN IN THE EVENT OF AN INDEMNITEE'S OWN NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS SOLE, COMPARATIVE, CONTRIBUTORY. CONCURRENT, ACTIVE. OR PASSIVE, AND REGARDLESS OF WHETHER LIABILITY WITHOUT FAULT IS IMPOSED OR SOUGHT TO B IMPOSED ON ONE Olt MORE OF THE INDEMNITEES. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 7. GRANTEE INSURANCE REQUIREMENT. Without in any way limiting GRANTEE'S liability under this Agreement, GRANTEE shall maintain, during the term of this Agreement, the following insurance with companies and on terms satisfactory to GRANTOR: A. Worker's Compensation and Employers' Liability Insurance as prescribed by applicable law. The limit of liability for Employers' Liability Insurance shall not be less than $ 1,000,000 per occurrence. B. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the following supplementary coverages: Contractual Liability to cover liability assumed by GRANTEE under this Agreement; Product and Completed Operations Liability Insurance; Broad Form Properly Damage Liability Insurance; and coverage for Explosion, Collapse and Underground Hazards. The limit of liability for such insurance shall not be less than $1,000,000 per occurrence. C. Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non -owned and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less than 51.000,000 per person/ $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The insurance specified in this Section Seven shall contain a waiver of subrogation against GRANTOR, and shall name GRANTOR as an additional insured with respect to the activities performed pursuant to this Agreement. In addition, said insurance shall include a requirement that the insurer provide GRANTOR with 30 -days' written notice prior to the effective date of any cancellation or material change of the insurance. PRIOR TO HAVING ANY RIGHT TO ACCESS THE LANDS SUBJECT HERETO OR EXERCISING ANY OF TIIE RIGHTS GRANTED IN THIS AGREEMENT, GRANTEE MUST FURNISH GRANTOR WITH COPIES OF THE INSURANCE POLICIES OR CERTIFICATES OF SAID INSURANCE PROVIDING THE COVERAGES AND ENDORSEMENTS REQUIRED HEREIN. All insurance policies or certificates of insurance provided to GRANTOR shall be in a form acceptable to GRANTOR, shall reference this Agreement's QLS number as found at the s 1111E% ri7Hl,Uiii.I 1.0.W10hrl tI0iIN 11111 Reception#: 728084 07/16/2007 03:24:19 PM B: 1950 P: 0486 Jean Alberioo 6 of 8 Rep Fee:$41.00 Doe Fee:0.00 GARFIELD COUNTY CO top of page one of this Agreement and shall be provided to GRANTOR prior to GRANTEE exercising any of the rights granted herein. 8. 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 GRANTEE's activities under this Agreement in relation to the pipeline and associated facilities, and to reimburse GRANTOR for any increase in taxes paid by GRANTOR resulting from the value of such pipeline and associated facilities, whether or not separately assessed. GRANTEE shall pay all taxes levied or assessed upon or against GRANTEE's pipeline and associated facilities and operations on the Easement Area. 9. TERMINATION. A. 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 may then be terminated in writing by GRANTOR subject to the provisions herein concerning site reclamation' and facility removal and subject to liabilities accrued prior to termination. GRANTOR'S right to terminate this Agreement when GRANTEE has not corrected a default within thirty (30) days, shall be a continuing right of GRANTOR for the life of this Agreement. If this Agreement is terminated under this provision, said termination shall be effective the date the notice of same is placed in the mail addressed to GRANTEE. B. If, at any time after GRANTEE begins construction of the pipeline, GRANTEE fails to use the Easement Area or any linear part thereof for the purposes provided hereunder for more than one hundred eighty (180) consecutive days, GRANTOR may terminate this Agreement as to those parts of the Easement Area no longer used as above, by written notice to GRANTEE, subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. At such time as GRANTEE has reached the one hundred and eighty (180) day threshold, GRANTEE must deliver notice of the nonuse to GRANTOR within one (1) month of said threshold date. If GRANTEE fails to deliver said notice of nonuse to GRANTOR within the specified one (1) month time period, then this Agreement shall automatically terminate. C. Upon any termination of this Agreement as to all or any linear part of the Easement Area, and unless otherwise approved by GRANTOR, GRANTEE shall .dig up and remove its pipeline and associated facilities. GRANTEE shall have a period of six (6) months from and after the effective date of termination in which to remove the pipeline and all of' its associated facilities from the Easement Area or from the part thereof as to which the termination applies. Upon such removal, GRANTEE shall place the Easement Area in a neat, safe and orderly condition. D. Upon termination of the rights herein given, GRANTEE shall execute and deliver to GRANTOR, within thirty (30) days after written demand therefore, a good and sufficient quit claim deed to all interest of GRANTEE in the Easement Area so terminated. Should GRANTEE fail or refuse to deliver to GRANTOR such quit claim deed, or if GRANTOR after a good faith effort to locate GRANTEE is unable to locate GRANTEE, then a written notice by GRANTOR, duly recorded, reciting the failure or refusal of GRANTEE to execute and deliver said quit claim deed, or inability to locate GRANTEE, as herein provided, shall after ten (10) days from the date of recordation of said notice, be conclusive evidence against GRANTEE and al! 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 obligation to remove its property within six (6) months of such termination. E. Termination shall not operate to extinguish any obligations of GRANTEE which have accrued at the time of termination, or which accrue hereunder upon termination. 10. TRANSFER OF INTEREST. The rights granted to GRANTEE under this Agreement shall not be assigned or otherwise transferred without the prior written consent of 6 ■111 11111 Reception#: 728054 07116/2007 03:24:19 PM 0: 1950 P: 0487 Jean Alberico 7 of $ Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO GRANTOR. Subject to the foregoing, all of the terms. covenants, and conditions of this Agreement shall be binding upon the successors and assigns of the parties. 11. WAIVER CLAUSE. The failure of either 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 al any time, performance by the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, 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. 12. APPLICABLE LAW. This Agreement and the exhibits 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. 13. ATTORNEYS' FEES. In the event ofa default by either party in the performance of its duties, the court with the proper jurisdiction to resolve the dispute shalt award reasonable attorney fees and costs to the successful party or in such other manner as the court deems appropriate. 14. NOTICES. Any notices required or permitted under this Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. 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 at least 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: Chevron Shale OiI Company Attn: Manager, Shale Oil Development 11 1 11 S. Wilcrest Dr. Houston, TX 77099 GRANTEE: Marathon OiI Company Attn: Land Manager, Piceance Basin 5555 San Felipe Road Houston, TX 77056 15. CONFLICT OF INTEREST. No director, employee, or agent of either party will give to or receive from any director, employee, or agent of the other party any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement. During the term of this Agreement and for 2 years, thereafter. any mutually agreeable representatives authorized by either party may audit the applicable records of the other party solely for the purpose of determining whether there has been compliance with this paragraph. The provisions of this paragraph will survive termination of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. Chevron U.S.A, Inc. Marathon Oil Company By (, 4D.By: / By: Name: < A r f Name. Its: Attorney -in -Fact Its: 7 1111FI f411 A11�4 h1 1 'f '�ih�.�1fi 111111Reception#: 728084 0711612007 03:24:19 PM 9: 1950 P: 0489 lean Alberioo 9 of 8 Rem Fu :$41 00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF TEXAS COUNTY OF HARRIS } illaV The foregoing instrument �was acknowledged before me this ay o�9etet r, 2 by G -' I.5 �i g. as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires: ( -LOD9 Notary Public STATE OF TEXAS ) COUNTY OF HARRIS „f,, a'*p!;°�6 ELAINE J. GRADER ?:4 .Notary Pubtio. State of Tawas My Comm.aaion Expires „,fHf,1� 4 September 30, 200E ioiE; The foregoing instrument was acknowledged before me this o2.3 day of October, 2006 by ..So L� tyv1c v t as _A -k-4 G r n r ,,s. t n- Rick of Marathon Oil Company. My Commission Expires: }) Notary Public r�cr.��), C< rrr-\� ' DEBORAH D. KUHLMAN Notary Public, Smoot Tem MY Commission Expires Janualy 17, 2010 a 1111 IA MINN,141.N 11,14WIAlli11111 RacepUonq: 735783 52198!2067 61:25:2i PM Jean Rlberlco f of 6 Reo Fee:S26.00 Deo Fee:6.00 GARFIELD COUNTY CO When recorded return to: Mary Ann Adams Berry Petroleum Company 95017'" Steer, Suite 2400 Denver, CO 80202 CONNECTED ROAD RIGHT-OF-WAY GRANT AND EASEMENT THIS RIGHT-OF-WAY GRANT AND EASEMENT (this "Grant") is entered into effective the 14H day of MDVeni be,r , 200$ ("Effective Date"), from BERRY PETROLEUM COMPANY, a Delaware corporation whose address is 950 Seventeenth Street, Suite 2400, Denver, Colorado 80202 ("Grantor"), to CHEVRON SHALE OIL COMPANY, a division of Chevron U.S.A. Inc., whose address is 11111 S. Wilcrest, Houston, TX 77099 ("Grantee"). Grantor and Grantee (the "Parties") agree as follows: For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration including the Garden Gulch Road Extension Agreement dated January 26, 2007, among the Parties, Garden Gulch, LLC, Petroleum Development Corporation, Marathon Oil Company, PGR Partners, LLC, Teton Piceance, LLC and Williams Production RMT Company (the "Agreement"), the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and transfers unto Grantee, its successors and assigns, a perpetual, irrevocable, non- exclusive, cost-free right-of-way and easement to use the Connected Road (as hereinafter defined) for all lawful purposes including, without limitation, a corridor for ingress and egress to and from Grantee's surface lands for all purposes including oil shale exploration and development, and including, without limitation, maintenance , upgrading and widening of the road to be constructed by Grantor as is described in Section 8.a of the Agreement (the "Connected Road") in, on, over, under, or through the lands situated in Garfield County, State of Colorado, being more particularly described an Exhibit A attached hereto and incorporated herein by this reference (the "Lands"). The Connected Road is more particularly depicted and described on Exhibit B hereto, being an "as - built" survey of the Connected Road, and being specifically limited within such Lands to the corridors described in said Exhibit B, The width of said right-of-way and easement shall be limited to one hundred feet (100'), being fifty feet (50') on either side of the centerline of the Connected Road as constructed. To have and to hold unto Grantee, its successors and assigns, for use by Grantee, its successors, assigns, agents, employees, contractors, and invitees. The right-of-way and easement granted herein is nonexclusive and, except as otherwise expressly provided herein, Grantor reserves unto itself and its successors, assigns and lessees, all rights and uses in, to, over and under the Lands other than those specifically granted herein; provided that, except in connection with the construction, operation and maintenance of the Connected Road, Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, reservoir, engineering works or other structure over, under or on the right-of-way and easement granted herein without the express prior written consent of Grantee, which shall not be unreasonably withheld, delayed or conditioned. Grantee shall have all rights and benefits necessary for the intended use and maintenance of the rights herein granted, including but not limited to, the right of ingress and egress over and across the Lands solely for the purpose of exercising Grantee's rights hereunder. Grantee shall observe and comply with all applicable federal, state and local rules, regulations and policies ("Applicable Laws") while on or using the Connected Road. Grantee shall fully defend, protect, indemnify and hold harmless Grantor, its employees, contractors, subcontractors, agents and invitees from and against any and all claims, demands, causes of action, damages, obligations and liabilities (including reasonable attorneys fees and costs, and including any and all environmental claims, demands, causes of action, damages, obligations or liabilities) which may be asserted by Grantee or its officers, directors, employees, contractors, subcontractors, agents or invitees, or which may be asserted by any third party on account of bodily injury, death, property damage, or violation of Applicable Laws, caused by, resulting from or in any way incidental to Grantee's, or Grantee's officers, directors, employees, contractors, subcontractors, agents or invitees' use of, or activities and operations on the right-of-way and easement granted herein. .5 1 1111 IIIIV:#111 ihlI'fteilOglikill4ti.1,101 11 11 1 Reeepllphp: 738783 1Z1D6/2007 01:25:21 PM Joan A16erlco 2 of 5 Roo Foo:126.00 Doo F..:0.00 GARFIELD COUNTY CO Grantor makes no warranties or representations, express or implied, as to its title, interest or rights in the Lands, or that the Lands are suitable for the right-of-way or easement herein granted or any other purpose; provided that Grantor warrants and represents that it has the full right and Iawful authority to grant and convey the right-of-way and easement granted and conveyed by it hereunder. Grantee shall not suffer or permit to be enforced against the Lands or Connected Road, or any part thereof, any mechanics, materialman's, contractors or subcontractors' liens arising from or any claim for damage growing out of any operation, repair, restoration, replacement or improvement by Grantee on the Lands or Connected Road, or any other similar claim or demand howsoever the same may arise, but Grantee shall pay or cause to be paid all of such liens, claims or demands before any action is brought to enforce the same against the Lands or Connected Road. This Grant cannot be modified, except in writing signed by all parties hereto. The provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and permitted assigns of Grantor and Grantee. If either Party is in breach of or defaults under a provision of this Grant, the non -defaulting Party shall have all rights at law and in equity available as a result of the other Party's breach or default of this Grant. Any notice, demand or election under this Grant shall be in writing and shall be given in person or by means of telecopy or other wire transmission, or mailed by registered or certified mail, or by reputable overnight courier, addressed to the applicable Party at the address first set forth above, or such other address as such Party shall notify the other of in writing. This Grant shall be recorded in the real property records of Garfield County, Colorado. This Grant shall be governed by and construed in accordance with the laws of the State of Colorado. This Grant may be executed in two or more counterparts all of which shall be considered one and the same document. 1N WITNESS WHEREOF, the parties have executed this Grant as of the Effective Date. Grantee: Grantor: CHEVRON SHALE OIL COMPANY, a division of Chevron U.S.A. Inc. By: C • h Title: 4. MPY —% - STATE OF COLORADO )ss. CITY AND COUNTY OF DENVER BERRY PETROLEUM COMPANY, a Delaware,. ation By: 7 r Title: Prec� c The foregoing instrument was acknowledp�ed before me this day of ONo�R,Y' 2007, byT i�V5oh , as Vice— rO-4 .--Prociu.c.Oion of BERRY PETROLEUM COMPANY, a Delaware corporation on behalf of said corporation. Witness my hand and official seal. I5 Commwlon 711112001 2 a.) a,(4,,,,,) Notary PYlbile: 1111 11114141VI,1,1111,4111 44904 ION 14111 Realist ionf: 738783 12106!2007 01:26:21 PM Jain AI srloa 3 of S Rao Fee:326.00 Doo Fool -0.03 GARFIELD COUNTY CO )ss. } The , bygv Lg tru{1�trt(9e- arci�liowledgaesd re mi Pi a 2007 by � Y� C• ?jet f SHALE OIL COMPANY, a division of Chevron U.S.A.Inc., an be Witness my hand and official seal. My Commission Expires' rary Public: of CHEVRON alf of said corporation. �v�lr rrr-oT,c LUISA GANUNG t ;r • NOTAAYPUBLIC,STATEOFTEXAO MY COMMISSION EXPIRES MAY 30, 2009 i 111111'.FIFIV„P CQVNYhA13'MdglntihlirtINi 11111 Reccptlong : 738793 1210612807 01:26.21 PM Jsin 0.16srleo 4 of 8 Rec Fes:S26.00 Doo Fsr.0.00 GRRFIELO COUNTY CO EXHIBIT A THE LANDS parcel 1 Township 5 South. Range 96 West of the 6th P.M. Section 29: Sin S112 [160 acres] Section 32: NEi14NEit4, NW114, N1rz SWu4, SE114 SW1,4. WIRNE1,4. [400 acres, more or less] (part of) Tax Parcel No. 213532100009 arcel 2 Township 5 South, hinge 96 West of the th P.M. Section 32: SE114 Section 33: SW1/4 (remaining part of) Tax Parcel No. 213532100009 [320 acres, more or less] Parcel 3 Township 6 South,Range 97 West of the 6m P.M. Section 1: Lots 10,11,12,15, 17,18,19, 22,23 and 24 (part of) Tax Parcel No. 216901100001 [334.78 acres more or less] all in the County of Garfield, Colorado, ■I11DliFiNIM1NAILI 'OCI CW,E.Iii'Il11111 Reception*: 738753 1216612007 01:25:21 PN Jean Plbrrloo 5 of 5 Roo Fsr:$26.00 Doe Fse:0.00 GARFIELD COUNTY CO 9 i 1111 11111,141,11161,14111111414111141 10,414 Receptlona: 740789 0110812008 02:17:35 PM Jean Rlberioo 1 of 3 Reo Fee:$0.00 Doo Fea:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 10th day of December A.D. 2007, there were present: John Martin , Commissioner Chairman Lane McCown , Commissioner Triisi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-03 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR A COMMUNICATIONS FACILITY WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Marathon Oil Company (Applicant) for a Special Use Permit ("SUP") for four (4) Communications Facilities on three separate properties owned by Berry Petroleum Company, Puckett Land Company, Chevron USA, Inc located within the Resource Lands (Plateau) zone district. The design of each facility will comprise of a 20' x 20' foot print that includes a 10' x 10' concrete foundation, 70 -foot tall tower with minimal support components including the thermoelectric generator, 500 gallon propane tank, and electric box; WHEREAS, the County Zoning Resolution of 1978, as amended, defuses a Communication Facility in Section 2.02.155 as follows: A non -inhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Communication facilities include structures or towers, and accessory building, not including individual/personal direct -to -home satellite services. WHEREAS, the Board held a public hearing on the 10th day of December, 2007, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 1111 nrillifiAllviriiii.011.161111kiiilii 11 11 1 Reception#: 740789 01!0612008 02:17:35 PM Jean Alberico 2 of 3 Rec Fee:SO.00 Doo Faa:0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1) That the approval of such Communications Facilities is in the best interests of the general health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2) That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3) That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 4) That the Communications Facilities comply with Sections 5.03, 5.03.13, and 9.0 of the Zoning Resolution of 1978, as amended, if all conditions have been met. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2) That no Special Use Permit shall be granted unless the Applicant can demonstrate to the BOCC that co -location is not available to them and that new individual facilities are the only way to proceed. This shall need to be addressed at the hearing before the BOCC. 3) That all colors used on the facilities shall not make the tower reflect light and blend in with the surrounding vegetation. 4) That, due to the tall height (70 -feet) of the approved towers, they shall be available for additional users to co -locate on the tower so as to not proliferate communication towers across the plateau. Prior to issuance of a Special Use Permit, the Applicant shall furnish GPS location and an area that is served by each tower for the potential of future users. 5) Staffrequests that the applicant include this communication site in a weed management program that will provide for annual monitoring and treatment of Garfield County listed noxious weeds, This plan / program shall be provided to the County prior to issuance of any Special Use Permit. 6) The Applicant shall demonstrate that fire protection measures (Fire Protection & Response Plan with a map and GPS coordinates for emergency response) are incorporated into these facilities 2 �R1111i eeeptj1d11:ilil,U89il,141, 6WIATIV,I 11 11111 on: 7487 31 off 3 Res Fa*�$0300PDocJFoo,0.00 G IELD COUNTY CO prior to the issuance of a Special Use Permit. r� t" f Dated this f day of �J_ a.i„ , A.D. 200 9 . ATTEST: ,.�. rn .w lic of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the fore Ing Reso tion adop by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D, 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 1111K N'lifi iiGik!,L 4iiIM't Tilft LJ4f',1114 11111 Reception#: 743337 02/21/2008 03:33:31 Pit Jean Alberico 1 of 6 Rea Feer$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 4th day of February A.D. 2008, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Trrsi Houpt , Commissioner Carolyn Dahlgren , Deputy County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-27 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT REQUEST FOR 4 "TEMPORARY EMPLOYEE HOUSING" FACILITIES LOCATED APPROXIMATELY 13.3 TO 21.5 MILES NORTH OF THE TOWN OF PARACHUTE (ON WELL PAD 697-12A, 696-18A, 697.10, AND 596-31A) AND WITHIN A PROPERTY OWNED BY CHEVRON USA INC. (OPERATOR: MARATHON OIL COMPANY), GARFIELD COUNTY PARCEL NO 216912200012 (WELL PAD 697-12A) PARCEL NO 213529100008 (WELL PAD 697-1C & 596-31A) PARCEL NO 217118200008 (WELL PAD 696-18A) WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for 4 "Temporary Employee Housing" facilities located approximately 13.3 to 21.5 miles north of the Town of Parachute and within a property owned by Chevron USA Inc., Garfield County; and WHEREAS, the Temporary Employee Housing facilities are to be located at 4 locations within the 54,000 -acre and 7635.05 -acre properties owned by Chevron USA Inc. located off County Road 215 and off "Garden Gulch Road" north of Parachute, CO; and WHERERAS, the subject property is zoned Resource Lands where such use is permitted as a Special Use; and 1 ) ,III PINVfIrl"1IIMil iii1'f11 lileYTf` W EN Reception#: 743337 02/21/2006 2 or 62Rec Fee:60300PDoc,Fee:an 0.00rGARFIELO COUNTY CO WHEREAS, each Temporary Employee Housing facility is to be completely contained within an approved Colorado Oil and Gas Conservation Commission (COGCC) approved natural gas well pad described as 697-12A, 696-18A, 697-1C, and 596-31A; and WHEREAS, each Temporary Employee Housing facility is to accommodate a maximum of 24 individuals at any one given time; and WHEREAS, each Temporary Employee Housing facility is to be on location for no more than a cumulative of one (1) calendar year; and WHEREAS, the Board of County Commissioners opened a public hearing on the 4th day of February, 2008 upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 4'h day of February, 2008 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03 and 5.02.21) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for 4 "Temporary Employee Housing" facilities Located north of the Town of Parachute and within a property owned by Chevron USA Inc. and Operated by Marathon Oil Company, Garfield County is hereby approved subject to compliance with all of the following specific conditions: 2 III1I 1111,1I1Nt,UiIIIiiiiIr Mih+ liliiii'iINii 1111 Reception#: 743337 02!2112008 03:33:31 Pit Jean Rlberico 3 of 6 Roo Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 4. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operationswhich may be required by law as safety or air pollution control measures shall be exempted from this provision. 5. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facility may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facility may begin. 6. All Special Use Permits for Temporary Employee Housing are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. 7. Water and wastewater systems proposed to service Temporary Employee Housing must comply with all applicable state and local laws and regulations. 8. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For facilities serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 9. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 10. The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year; however, no single Temporary Employee Housing facility allowed 3 •iri, , #w1, WRAU Elf 1111 Reception#: 743337 02/21!2008 03:33:31 AM Jean Alberico 4 of 6 Row Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO under this Special Use Permit shall be onsite for more than a cumulative of one year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review of the Special Use Permit shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. 11. inhabitants of the temporary housing shall be applicant's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. 12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. 13. Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. 14. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. 15. The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriff's Office and relevant Fire Protection District. 16. The applicant shall notify the County when site development begins for the facility. The applicant shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for 4 1111 lA VUt W SC 101 Reception#: 743337 02!2112008 03:33:31 PM dean Qlberico 5 of 5 Rec Fee:$0,00 Doc Fee:D 00 GARFIELD COUNTY CO Temporary Employee Housing, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section §9.01.06. 17. No animals shall be allowed at temporary employee housing sites. 18. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Housing is twenty-four (24). 19. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations with all pipes and connections water tight and lids kept securely in place at all times except during normal cleaning operations. 20. The facility shall have a minimum total capacity of 12,000 gallons of potable water storage which shall be refilled a minimum of every three days. 21. The facility shall have a minimum total capacity of 8,000 gallons of sewage and wastewater storage capacity which shall be emptied a minimum of every three days. 22. Wildlife -proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic yard) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. Dated this I cfs day of 1-410 ru a-ry , A.D. 20 a 8 . ATTEST: ylr\ erk of the Board GARFIEL ' CO Y BOARD OF COMMIS '. I u NER , GARFIELD COUNTY, Upon motion duly made and seconded the fore Ding Resol ion was adop d by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TR$SI HOUPT , Aye , Aye , Aye 5 i ■III II' .I ARMICIVAI NI'hl IKAlid INET NMI Receptionp: 743337 02121/2008 03:33:31 PM Joan Rlberloo 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners VPI.Feirit,Fi11 fl iii ilif irl 1 ■I J 1N 11N 11111 R.ce tiantt. 755674 09!16!2098 03:20:63 P11 Jean Albarica 1 of 9 Rao Fea:$46.00 Doc Fao:0.00 GARFIELD COUNYY CO QLS 83yIifQ PIPELINE EASEMENT AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD ) THIS PIPELINE EASEMENT AGREEMENT, made this 1Oday of October, 2006, between Chevron Shale Oil Company, a division of Chevron U.S.A. Inc, a Pennsylvania corporation, with offices at 11111 S. Wilcrest Dr., Houston, Texas 77099, hereinafter referred to as "GRANTOR" and Berry Petroleum Company, a Delaware corporation, with offices at 950 17th Street, Suite 2400, Denver, CO 80202, hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property in Garfield County, State of Colorado; and WHEREAS, GRANTOR desires to grant and GRANTEE desires to acquire certain rights in a portion of said real property; NOW, THEREFORE, in consideration of the sum of Ten Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. GRANTOR hereby grants to GRANTEE, subject to the terms and conditions hereof, the following easement: A. A non-exclusive pipeline right-of-way in certain parcels situated in Sections 1, 12, and 13, T6S-R97W, and Sections 19, 20, 29, and 33, T5S, R96W, of the 6th P,M., Garfield County, Colorado and is more particularly described in Exhibit "A", which is attached to this Agreement. This right-of-way is one hundred feet (100') in width, the centerline of said right- of-way being situated directly over the proposed pipeline right-of-way as further detailed in Exhibit "A", for the sole purpose of surveying, laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing multiple pipelines (with above ground valves, meters, drips, fittings, appliances, and related facilities), for the transportation of natural gas and associated liquids and gases, and water, hereinafter referred to as "the pipeline", over and through the land described in Exhibit "A" hereof, hereinafter referred to as the "Easement Area," in the County of Garfield, State of Colorado. The rights granted herein do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, farming, ranching or hunting rights. This Grant of Easement is strictly limited to the acreage as described in Exhibit "A" and if GRANTEE disturbs any of Grantor's Lands which are not a part of this agreement, GRANTEE shall pay damages to Grantor for the disturbance and shall immediately restore said lands to their original condition. If any pipelines or related equipment are installed in, on, or under any acreage other than that specifically set forth on Exhibit "A," then upon Grantor's written request, Grantee shall immediately remove that portion of pipeline and/or equipment, re-route and/or relocate the pipeline and/or equipment, and shall restore the disturbed acreage (both the portion disturbed which is located outside of that specified on Exhibit "A," and that portion disturbed located within Exhibit "A") to the its original condition. B. GRANTEE shall have the right of ingress and egress in, on, over, across and through the Easement Area for any and all purposes necessary to the exercise by GRANTEE of the rights and right-of-ways granted herein, RM 02 (up, Co }999 ZRoAcwAy sr -y 37oi, 5nzaz 1 1111 In FMP011 ,PWWiP'iml ilNIki Ik 11111 Reception*: 755B74 09/15/2009 9 of 92Raoo 03.20:53 e $46.00nDooeFeep0 DD GARFIELD COUNTY CO C. GRANTOR reserves the right for itself or its assignees to explore for, mine, and remove oil shale, oil and gas, ores and other minerals in, on or under the Easement Area. D. This Agreement 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 GRANTOR further reserves the right to grant other easements to third parties to cross over or under this easement and right -of ways. GRANTEE is responsible for obtaining any necessary third party consents prior to conducting activities on the Easement Arca pursuant to this Agreement. E. GRANTOR makes no warranties or representations concerning the title to the Easement Area. 2. COVENANT THAT OPERATION OF EASEMENT NOT INTERFERE WITH SERVIENT TENEMENT. A, GRANTEE agrees to maintain and operate the easement herein granted in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of GRANTOR's adjoining property, including use thereof for exploration, mining, oil shale development, oil and gas development, farming, ranching and land development. B. Except for above -ground valves, meters, drips, fittings, appliances, and related facilities as provided for herein, GRANTEE shall have no right to locate any permanent surface installation on any part of the Easement Area without the prior written approval of GRANTOR, which approval is separate from and in addition to any rights granted in this Pipeline Easement Agreement. C. GRANTEE agrees to remove top -soil from the Easement Area separately from other material removed by GRANTEE in connection with its activities on the Easement Area, and to replace such topsoil an completion of any such activity. GRANTEE further agrees to insure that the Easement Area shall be left free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on GRANTOR's lands as the result of activities permitted hereunder shall be disposed of at GRANTOR's direction. Except as otherwise provided herein, all areas disturbed as the result of activities permitted hereunder, within three months of installing pipe into the Easement shall be reclaimed to original condition or as near thereto as practicable, which shall include reseeding with seed mixes approved by GRANTOR or GRANTOR's agricultural lessee(s). Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. GRANTEE shall spray all areas affected by construction to control noxious weeds for a period of no less than three growing seasons following the installation of pipe. D. GRANTEE agrees to replace or rebuild, to the satisfaction of GRANTOR, any and all parts of any road or any drainage or irrigation system or other improvement that may be damaged in connection with GRANTEE's activities conducted pursuant to this Agreement. Upon completion of any pipeline construction, replacement, substitution, relocation, or removal activities permitted hereunder, GRANTEE shall grade all permanent roads on GRANTOR's lands which were used in connection with said activities, E. GRANTEE shall have the right to cross fences on the adjoining property of GRANTOR whenever such crossing shall be reasonably necessary in conducting activities permitted under this Agreement. GRANTEE shall maintain a proper enclosure at all times and shall restore such fences to a condition equal to or better than their condition prior to such crossing as promptly as possible 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, its employees, agents, contractors, subcontractors, or invitees. F. GRANTOR reserves the right to fence the whole or any part of the boundaries of the right-of-way, and the right to build fences crossing such easement. 2 i 11111 F' 116111.1411.Nf,I I G 'l EAi' i1111111 Reoeption4: 755674 89175!2008 08:20:03 PM Jean Rlborioo 3 of 9 Roo Foe448.00 poo Fee:0.00 GARFIELD COUNTY CO G. GRANTEE shall bury its pipeline and subsurface facilities to provide a minimum of thirty-six (36) inches between the top of the pipeline and facilities and the ground level except in those areas where rock is encountered that would otherwise require blasting, in which case, the facilities shall be buried a minimum of eighteen (18) inches below the surface. H. Except as otherwise provided herein, GRANTEE shall properly backfill and compact disturbed ground, excavated pipeline trenches, and other excavations in connection with its activities on the Easement Area. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris. Immediately upon completion of any activity performed under this Agreement, GRANTEE shall repair damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and flowlines. All culverts and buried irrigation system pipelines damaged by the activities permitted hereunder shall be replaced by GRANTEE immediately upon completion of the activity. 1. GRANTEE shall have the ongoing responsibility of assuring that irrigation systems damaged by the activities permitted hereunder are restored to their proper operating condition and that areas of settling and slumping in GRANTOR's fields and pastures, caused by the activities permitted hereunder, are permanently restored to field grade. J. Except as otherwise provided herein, GRANTEE shall maintain current as -built drawings for the pipeline and all of its surface and subsurface facilities located within the Easement Area and shall provide GRANTOR with copies of such drawings each time they are updated. K. GRANTEE shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. L. GRANTEE shall determine if any activities require any permits or approvals from any agencies, organizations, groups, governmental committees or other entities having jurisdiction over such activities and shall be solely responsible for obtaining such approvals or permits. M. GRANTEE shall participate in conducting a vegetative cover and sage grouse habitat study, approved by a Chevron Health, Environment & Safety representative, in Section 29, TSS, R96W 6th P.M. Said study shall be initiated, to the satisfaction of GRANTOR, before pipeline construction in said Section 29 proceeds. The study shall include a mutually agreeable time frame covering the period before, during and after pipeline construction activities in said section. A mitigation plan for said Section 29 shall be developed by GRANTOR, based on the results of said study and other information, and implemented at the sole cost of GRANTEE. N. A segment of the proposed pipeline corridor on GRANTOR surface, approximately between and including lines L142 and L.151, will parallel a steep two -track road and adjacent gulley heading north into the Bear Run drainage in the NW/4, Section 29, T5S, R96W 6th P.M. The pipeline corridor and pipelines located therein shall not encroach on or be placed in said gulley. Following construction of pipelines in said segment, GRANTEE shall place and maintain obstacles across the two -track road so it can no longer be used. O. GRANTEE shall comply with all federal, state and local laws and regulations governing the discharge of construction and other material into drainages. GRANTEE shall be responsible for the adequacy of its pipeline designs and construction, including, but not limited to, design and construction of drainage crossings. P. GRANTEE shall control fugitive dust during construction of the pipeline on GRANTOR surface. Q. GRANTEE shall ensure all pipeline corridor cut and fill areas and other disturbed areas on GRANTOR surface are recontoured to generally conform with the surrounding terrain. 3 1 1111hi'1i Viriillii,4ih,P i4 M'NVIkik114 I$f'1111111 Reeeptientl: 755674 09116/2009 03:20:03 PM Jean Rlberioo 4 or 9 Reo Fee440 00 Doc Fee.0. 00 GARFIELD COUNTY CO R. Pipeline construction activities on GRANTOR surface shall be coordinated with GRANTOR's surface lessees to minimize conflicts for both GRANTEE and the lessees. 3. TERM OF AGREEMENT. Unless terminated or canceled prior thereto in the manner provided for herein, the term of this Agreement shall be a period of one (1) year from the effective date hereof, and shall continue so long as GRANTEE continues to use and maintain the pipeline and associated facilities in the Easement Area without interruption for more than one hundred eighty (180) consecutive days, at which time GRANTOR will have the option of terminating this Agreement as provided in Paragraph 9B. 4. PAYMENTS. GRANTEE shall pay to GRANTOR a payment in the amount of four thousand dollars ($4000) upon execution of this agreement. An annual payment, as hereinafter described, shall be made by GRANTEE to GRANTOR on or before each anniversary date of this Agreement, at the address first set forth below in this Section 4. The first of such annual payments shall be in the amount of four thousand two hundred dollars ($4200). Said annual payment shall thereafter increase by Five percent (5%) each year. No payment shall be deemed made by GRANTEE under this Agreement until the correct amount due is actually received by GRANTOR. All payments to GRANTOR hereunder shall be made by GRANTEE's check, mailed postage prepaid, to GRANTOR at Chevron Shale Oil Company, P.O. Box 840659, Dallas, TX 75284-0659, which shall continue as the depository for payments hereunder regardless of changes in ownership of the Easement Area, until such time as Grantee is notified, in writing, of a change of corporate name, identity and/or address of GRANTOR. Said payment shall reference this Agreement's QLS as found at the top of page one of this Agreement. 5. USE OF EASEMENT AREA. A. All activities permitted under this Agreement shall be performed and conducted in a careful, safe, and workmanlike manner, and in such manner as will not interfere with GRANTOR's and GRANTOR's lessees', licensees', and permitees' exploration, mining, oil shale, oil and gas, farming, ranching, land development and/or other operations on other lands in the vicinity of the Easement Area. Prior to exercising any rights granted hereunder, GRANTEE shall give notice of GRANTEE's planned construction activities to all persons holding any rights, licenses, permits, easements or leases to use the surface of the Easement Area and lands used for access thereto, 13. All activities permitted pursuant to this Agreement shall be performed by or under the direction of GRANTEE, and GRANTEE shall not permit, unless otherwise authorized by GRANTOR, public easements, public facilities, or public roads over or under the Easement Area. C. GRANTEE shall keep the pipeline and associated facilities in a good and safe condition and, after doing any work which disturbs the surface of the Easement Area, GRANTEE shall restore the surface of the Easement Area to as good a condition as existed prior to such work. D. Notwithstanding that GRANTEE may have obtained GRANTOR's approval under this Agreement to make various uses of the Easement Area, GRANTEE's operations shall be subordinate to GRANTOR's right to conduct shale oil operations on the Easement Area at any time in the future. If GRANTOR determines in its reasonable discretion that GRANTEE's operations will interfere with GRANTOR's shale oil operations, GRANTEE agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of GRANTEE'S pipeline, valve terminals, gathering systems and other related facilities in order to eliminate interference shall be borne by GRANTOR. Effective January 1, 2018 and thereafter, GRANTEE agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate any interference and GRANTOR shall have no obligation to compensate GRANTEE for lost production or for the costs and expenses of relocating or ceasing operations resulting from such elimination of interference. 4 ■1{111 nirell 1,1104 i h 'I�'L4111X1111 HILI ReoeptlonU: 755874 5 of 5 RoBe 03:20:53 P11 Jnr, ,0.00Alberioo 5 of 5 Roe Fae:$46.90 Doo Fee:0.00 651E [ELD COUNTY CO 6. INDEMNIFICATION. GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE, GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. ,SUCH INDEMNITY MALL APPLY EVEN IN THE EVENT OF INDEMNITEE'S OWN NEGLIGENCE. WHETHER SUCH NEGLIGENCE IS SOLE, COMPARATIVE. CONTRIBUTORI. CONCURRENT. ACTIVE. OR PASSIVE. AND REGARDLESS OF WHETHER_ LIABILITY WITHOUT FAULT IS IMPOSED OR SOUGHT TO BE IMPOSED ON ONE OR MORE OF THE INDEMNITEES. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 7. GRANTEE INSURANCE REQUIREMENT. Without in any way limiting GRANTEE's liability under this Agreement, GRANTEE shall maintain, during the term of this Agreement, the following insurance with companies and on terms satisfactory to GRANTOR: A. Worker's Compensation and Employers' Liability Insurance as prescribed by applicable law. The limit of liability for Employers' Liability Insurance shall not be less than $1,000,000 per occurrence. B. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the following supplementary coverages: Contractual Liability to cover liability assumed by GRANTEE under this Agreement; Product and Completed Operations Liability Insurance; Broad Form Property Damage Liability Insurance; and coverage for Explosion, Collapse and Underground Hazards. The limit of liability for such insurance shall not be Less than $1,000,000 per occurrence. C. Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non -owned and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less than $1,000,000 per person/ $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The insurance specified in this Section Seven shall contain a waiver of subrogation against GRANTOR, and shall name GRANTOR as an additional insured with respect to the activities performed pursuant to this Agreement. In addition, said insurance shall include a requirement that the insurer provide GRANTOR with 30 -days' written notice prior to the effective date of any cancellation or material change of the insurance. PRIOR TO HAVING ANY RIGHT TO ACCESS THE LANDS SUBJECT HERETO OR EXERCISING ANY OF THE RIGHTS GRANTED IN THIS AGREEMENT, GRANTEE MUST FURNISH GRANTOR WITH COPIES OF THE INSURANCE POLICIES OR CERTIFICATES OF SAID INSURANCE PROVIDING THE COVERAGES AND ENDORSEMENTS REQUIRED HEREIN. All insurance policies or certificates of insurance provided to GRANTOR shall be in a form acceptable to GRANTOR, shall reference this Agreement's QLS number as found at the 5 1 11111 MIN !1111 Reception*: 785874 09,1512009 93-20:03 P11 ,lean AU:erlro 6 of 9 Rea Fee:546.00 Doo F.r0.00 GARFIELD COUNTY CO top of page one of this Agreement and shall be provided to GRANTOR prior to GRANTEE exercising any of the rights granted herein. 8. 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 GRANTEE's activities under this Agreement in relation to the pipeline and associated facilities, and to reimburse GRANTOR for any increase in taxes paid by GRANTOR resulting from the value of such pipeline and associated facilities, whether or not separately assessed. GRANTEE shall pay all taxes levied or assessed upon or against GRANTEE's pipeline and associated facilities and operations on the Easement Area. 9. TERMINATION. A. 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 may then be terminated in writing by GRANTOR subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. GRANTOR'S right to terminate this Agreement when GRANTEE has not corrected a default within thirty (30) days, shall be a continuing right of GRANTOR for the life of this Agreement. If this Agreement is terminated under this provision, said termination shall be effective the date the notice of same is placed in the mail addressed to GRANTEE. B, If, at any time after GRANTEE begins construction of the pipeline, GRANTEE fails to use the Easement Area or any linear part thereof for the purposes provided hereunder for more than one hundred eighty (180) consecutive days, GRANTOR may terminate this Agreement as to those parts of the Easement Area no longer used as above, by written notice to GRANTEE, subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. At such time as GRANTEE has reached the one hundred and eighty (1 S0) day threshold, GRANTEE must deliver notice of the nonuse to GRANTOR within one (1) month of said threshold date. If GRANTEE fails to deliver said notice of nonuse to GRANTOR within the specified one (1) month time period, then this Agreement shall automatically terminate. C. Upon any termination of this Agreement as to all or any linear part of the Easement Area, and unless otherwise approved by GRANTOR, GRANTEE shall dig up and remove its pipeline and associated facilities. GRANTEE shall have a period of six (6) months from and after the effective date of termination in which to remove the pipeline and all of its associated facilities from the Easement Area or from the part thereof as to which the termination applies. Upon such removal, GRANTEE shall place the Easement Area in a neat, safe and orderly condition. D. Upon termination of the rights herein given, GRANTEE shall execute and deliver to GRANTOR, within thirty (30) days after written demand therefore, a good and sufficient quit claim deed to all interest of GRANTEE in the Easement Area so terminated Should GRANTEE fail or refuse to deliver to GRANTOR such quit claim deed, or if GRANTOR atter a good faith effort to locate GRANTEE is unable to locate GRANTEE, then a written notice by GRANTOR, duly recorded, reciting the failure or refusal of GRANTEE to execute and deliver said quit claim deed, or inability to locate GRANTEE, 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 obligation to remove its property within six (6) months of such termination. E. Termination shall not operate to extinguish any obligations of GRANTEE which have accrued at the time of termination, or which accrue hereunder upon termination. 10. TRANSFER OF INTEREST. The rights granted to GRANTEE under this Agreement shall not be assigned or otherwise transferred without the prior written consent of 6 01l1 II' IVIV.141113/411,PIPARICOOM116 list IN 11I1l 4 991115112009 03:20:03�P11 .1..n 916.rieo 7 of 9 Rs0 F.s:$46.00 poo F9610.00 GARFIELD COUNTY CO GRANTOR. Subject to the foregoing, all of the terms, covenants, and conditions of this Agreement shall be binding upon the successors and assigns of the parties. 11. WAIVER CLAUSE. The failure of either 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 the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, 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. 12. APPLICABLE LAW. This Agreement and the exhibits 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. 13. ATTORNEYS' FEES. In the event of a default by either 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 deems appropriate. 14. NOTICES. Any notices required or permitted under this Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. 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 at least 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: Chevron Shale Oil Company Attn: Manager, Shale Oil Development 11111 S. Wilcrest Dr. Houston, TX 77099 GRANTEE: Berry Petroleum Company 950 17a1 Street Suite 2400 Denver, CO 80202 15. CONFLICT OF INTEREST. No director, employee, or agent of either party will give to or receive from any director, employee, or agent of the other party any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement. During the term of this Agreement and for 2 years, thereafter, any mutually agreeable representatives authorized by either party may audit the applicable records of the other party solely for the purpose of determining whether there has been compliance with this paragraph. The provisions of this paragraph will survive termination of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. Chevron U.S.A. Inc. Berry Petroleum Company By; By: Name: C. ���'f i� Name: Its: Attorney -in -Fact Its: 7 111 11. Z Fasir',F#HdUill iNYVIk!' 'IkiL I44.FI.111111 I Reception#: 755674 09/15/2800 Fe.$46.03 0 pooeFee 0 00tGARFIELD COUNTY CO STATE OF TEXAS COUNTY OF HARRIS ) ) The foregoing instrument was acknowledged before me this I0 'day of October, 2006 by Lf . D. Frts 5 te- as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires: Notary Public 2- rf-Zoay STATE OF COLORADO 11-1/41 )'IAD COUNTY OF DENVER Q,144-vAsi- Die foregoing instrument was acknowledged before me this U day of October, 2006 by rude 6. ICL -1 sort as Vice. 'Preside -I+ /km160Berry Petroleum Company. My Commission Expires: Notary Public 1 olon i 8 war CENTERLINE HETES AND BOUNDS OF PROPOSED BERRY PETROLEUM COMPANY 100' WIDE NATURAL GAS PIPELINE RICHT OF KAY SITUATE IN SECTIONS 19, 20, 29. 30. 32, AND 33 TOWNSHIP 5 SOUTH, RANCE 90 WEST AND SECTIONS 1. 12, AND 13, TOWNSHIP 8 SOUTH, RANGE 97 WEST, SIXTH PRINCIPAL MERIDIAN. GARFIELD COUNTY COLORADO .e o.ww ai .•� .L. i.a a ae..w Atmore Api Li Kµipi"'a:.a pipe•i lellawlx Mr. Gansauc*i0N ua'nelt*q wG 010-2 04.016. aLLw. pLL1,Co MAW 10.9-0A-s7W pMm ie 4,mt !doom 10.1m OW. 61,117.11111.11.44 110, 1111141'r '* I1 UM 1fit Iii 4nl':.51 JA' ii L. 11111 Reception#: 759314 11126/2099 11:01:09 AM Jean Alberico 1 of 4 Rec Fee:$0 00 Doc Fee.0 00 GARFIELD COUNTY CO ADMINISTRATIVE PERMIT for One Minor Temporary Employee Housing Facility located on property owned by Chevron Oil Shale Company, a Division of Chevron USA, Inc. and operated by Marathon Oil Company on a natural gas well pad described as 596-35D Parcel Number: 2171-052-00-002 In accordance with and pursuant to Section 5.02.22 of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008-79 of the Board of County Commissioners of Garfield County, State of Colorado, the Director of the Building and Planning Department hereby authorizes, by Administrative Permit, the following activity: The installation of one Minor Temporary Employee Housing Facility located in Section 5, Township 6 South, Range 96 West of the 6th Principal Meridian. The Administrative Permit is issued subject to the conditions set forth in Exhibit A (attached hereto), and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Director J 1111 KJWill% KIWI 11 11 1 Reception##: 759314 111261200$ 11.01;69 AM Jean Alberico 2 of 4 Rec Fee 50.00 Doc Fee,0.U0 GARFIELD COUNTY CO Exhibit A Section 5.02.22 (7): The applicant shall adhere to the following Minor Temporary Employee Housing Facility Standards: A. Minor Facilities must comply with all applicable federal, state and local laws and regulations. B. Operator must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained within the application, as required by Section 4(C) and (D) above. C. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee within 72 hours from the time the contaminated water was tested. D. Minor Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. E. At least one thirty (30) gallon (4 cubic feet) wildlife -proof refuse container shall be provided for each factory built nonresidential structure or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. F. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. G. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. H. Factory built nonresidential structures or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system •oncli.,r alarm system shall be inspected, tested. and maintained in accordance with 2003 IFC 9D1.4 end .901.6 an.i as royuired by the relevant fire protection district(s). Smoke alarms and manual fire alarm systems shall be installed{ inspected and maintained in all other factorY�,:it,;vlsi::_-:_:� recreational vehicle units in accordance with 2003 International Fire Code ..0.F.2. iv .:3. ..!C protection districts. 1 Single -station carbon monoxide alarms shall be placed in each factory built nonresidential structure or recreational vehicle unit. 1 1111 Nrd111W11111.IKLIN JWYLATKINiliiiiiiii 11 111 Reception$$: 759314 11726!2008 11:01:09 AM Jean Alberloo 3 of 4 Rao Fee.$0.00 DOC Fee.0.00 GRRF1EL0 COUNTY CO J. One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class ABC), or dry chemical, shall be located in each factory built nonresidential structure or recreational vehicle unit and placed in accordance with applicable codes. K. Inhabitants of the Minor Facility shall be Applicant's employees andlor subcontractors, working on the related commercial, industrial or mineral extraction operation, and not dependents of employees, guests or other family members. L. Within 10 days following the expiration or other termination of the Minor Permit or represented date of removal identified within the Minor Permit, all housing structures, foundations and associated infrastructure shall be completely removed. The Operator shall provide the Department with photos, dated and signed by the Operator's Compliance Officer, indicating that all housing structures, foundations and associated infrastructure has been removed within the specified timeframe. M. No domestic animals are allowed at a Minor Facility. N. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district. If the Minor Facility is located outside the boundaries of a fire protection district, than Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of stored water for initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. 0, All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Planning Department and Garfield County Sheriff's Office within 24 hours of the occurrence. P. All required Access Permits shall be obtained from the Garfield County Road and Bridge Department or the Colorado Department of Transportation. The Garfield County Sheriffs Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. R. The Operator shall maintain records identifying workers, whether employees or sub -contractors, and documenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request. Q. S. Wastewater Disposal: I. Vault System: All vault systems are required to obtain an ISDS Permit from Garfield County and shall be designed and installed to accommodate the maximum number of persons, identified within the Minor Permit application, who will inhabit the Minor Facility. In addition, all vault systems shall be equipped with an overflow alarm device. Vault systems shall be designed to accommodate a minimum of 75 2 1111110114101111165A1,11. 4110010 III`l10 11111 ReceptionU: 759314 11/2512006 11:01'00 AM Jean Alberica 4 of 4 Ree Foe:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO gallons of wastewater per person per day. If a vault system is proposed or has been approved, the Applicant/Operator must: a Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. b. Provide a copy of the contract for hauling sewage. c. Maintain all sewage disposal records including but not limited to trip logs/reports and Landfill receipts as public records, available to the County and/or any other interested third party upon request. d. If the total waste production from a facility will be 2000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day, then the facility shall be serviced by an ISDS_ Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2000 gallons of wastewater and sewage per day. ii. Individual Sewage Disposal System (ISDS): if an ISDS is proposed or has been approved, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall otherwise be operated in accordance with the Garfield County ISDS regulations as contained in BOCC Resolution Number 1994H-136. 3 1111 ri Al1VJI AI IN 11111 Reception#: 762463 01/30!2009 04:28:35 PM Jean Rlberico 1 of 45 Roc Fee:$226.00 Ooc Fee:0.00 GARFIELD COUNTY CO GARDEN GULCH ROAD UPGRADE AGREEMENT (Bridge Installment across Parachute Creek) This GARDEN GULCH ROAD UPGRADE AGREEMENT ("Agreement") is made effective as of November 1, 2008 ('`Effective Date"), by and between CHEVRON SHALE OIL COMPANY, A DIVISION OF CHEVRON U.S.A. INC., a Pennsylvania corporation, with an address at P.O. Box 36366, Houston, Texas 77236 ("Chevron") and MARATHON OIL COMPANY, an Ohio corporation, whose address is 5555 San Felipe Road, Houston, Texas 77056 ("Marathon"). RECITALS A. Petroleum Development Corporation ("PDC"), Piceance Gas Resources, LLC ("PGR") and Chevron, successor by name change to ChevronTexaco Shale Oil Company ("CSOC"), (collectively referred to as the "Original GGR Parties"), agreed to participate in PDC's construction of Garden Gulch Road ("GGR"), by letter agreement dated January 17, 2005 ("GGR Letter Agreement"). Under Section 2 of the GOR Letter Agreement, Chevron granted PDC a license to use the GOR, and PDC assumed the responsibility to maintain the GGR. Chevron also granted PDC the right to upgrade the GGR with Chevron's consent. B. As part of Chevron's grant of consent to assign from PDC to Marathon, Marathon agreed by letter, dated July 19, 2006, to become a contributor to the GGR and to be bound by the GGR Letter Agreement ("Marathon Letter Agreement"). C. By letter agreement, dated March 20, 2008, Chevron granted Marathon permission to install a temporary bridge over Parachute Creek to facilitate Marathon's rig moves at Marathon's sole risk and expense ("Temporary Bridge Agreement"), while the Parties continued their negotiations for this Agreement. C. As required by Section 2(h) of the GOA Letter Agreement, Marathon requests Chevron's approval to upgrade the GGR by installing a new road and bridge across Parachute Creek and removing the existing bridge, as described and depicted in Exhibit C. Chevron approves of Marathon's Parachute road and bridge upgrade, provided Marathon conducts the construction and upgrade in accordance with the terms ot'this Agreement. D. In consideration of the mutual promises set out in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Chevron and Marathon agree to be bound by the terms of this Agreement in an effort to upgrade the GGR and install an improved bridge structure across Parachute Creek. AGREEMENT 1. DEFINITIONS, INTERPRETATON, AND EXHIBITS 1.1 Definitions. As used in this Agreement, these words or expressions have the following meanings: "Affiliate" means any legal entity which controls, is controlled by, or is under common control with, another legal entity. An entity is deemed to "control" another if it owns directly or indirectly at least fifty percent of either of the following: QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November f, 2008 Execution Version 1!3'155 f t� a f G''4br 0,\{' o SSSS Sar 4.1 l.-kr)4.'Sk.e+n '{1 11054 1 1111 riliniirointimakum.w. RIM NV IN 11 11 1 ReceptionN: 762453 01/30/2009 04:26:35 PM Jean Alber ion 2 of 45 Rec Fee.$226 U0 Doc Fee:0.00 GARFIELD COUNTY CO (A) The shares entitled to vote at a general election of directors of such other entity. (B) The voting interest in such other entity if such entity does not have either shares or directors. "Claim" means any claim, liability, loss, demand, damages, encumbrances, cause of action of any kind, obligation, costs, fines, proceedings,judgments, interest and award (including recoverable legal counsel fees and costs of litigation of the person or entity asserting the Claim and sums paid by way of settlement or compromise), whether arising by law, contract, tort, voluntary settlement or otherwise. "Construction Area" has the meaning given in Section 2.3. "Effective Date" shall have the meaning given in the introductory paragraph. "GGR" means that Certain road in which the Original GOR Parties agreed to participate under the GGR Letter Agreement. "GGR Letter Agreement" means that certain letter agreement, dated January. 17, 2005, between and among the Original GGR Parties and providing for PDC's construction of GGR. The GOR Letter Agreement is attached as Exhibit A. "Installation Area" means the surface of the lands owned by Chevron located in Section 8, Township 6 South, Range 96 West of the 6th P.M., in Garfield County, Colorado that are more particularly described and depicted on Exhibit C. Installation Area includes but is not limited to the Installment Area, Upgrade, Construction Area, and Staging Area also identified on Exhibit C. "Installment Area" shall have the meaning given in Section 2.1. "Marathon Letter Agreement" means that certain letter agreement, dated July 19, 2006, under which Marathon agreed to become a contributor to and be bound by the terms of the GGR Letter Agreement, in exchange for Chevron's consent to assignment from PDC to Marathon. A copy of the Marathon Letter Agreement is attached as Exhibit B. "Original GGR Parties" means Petroleum Development Corporation ("PDC"), Piceance Gas Resources, LLC ("PGR") and Chevron, successor by name change to ChevronTexaco Shale Oil Company ("CSOC"). "Party" means Chevron or Marathon and "Parties" mean both of them. "Petroleum Substances" means any mineral, ore, oil, hydrocarbon or natural gas existing in its natural condition in strata of any kind or character, including but not limited to oil, casinghead gas, gas well gas, and any condensate, coal. bituminous shale or other stratified deposits from which oil or gas can be extracted that are produced and severed from, or allocable, after severance, to the Installation Area or any lands adjacent to or adjoining or used for ingress and egress to the Installation Area. Q1,S No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 2 1111 i EOLI ILli of ilffi 1 NI 11111 Reception#. 762463 01/30/2008 04:26:36 PM Joan Rlberioo 3 of 46 Rec Fee1226.00 Doc Fee:0.00 GARFIELD COUNTY CO "Sta.ging Area" has the meaning given in Section 2.3. "Temporary Bridge Agreement" means that certain letter agreement, dated March 20, 2008, under which Chevron granted Marathon permission to install a temporary bridge over Parachute Creek to facilitate Marathon's rig moves at Marathon's sole risk and expense, while the Parties continued their negotiations for this Agreement. "Upgrade" has the meaning given in Section 2. I . 1.2 Interpretation. Unless the context expressly requires otherwise. all of the following apply to the interpretation of this Agreement: (A) The plural and singular words each include the other. (B) The masculine, feminine and neuter genders each include the others. (C) The word "or" is not exclusive. (D) The word "includes" and "including" are not Iimiting. (E) References to matters "arising" (or which "arise" or "arises") "out of this Agreement" include matters which arise in connection with this Agreement or have a causal connection with or which flow from this Agreement or which would not have arisen or occurred but for the entering into this Agreement or the performance of or failure to perform obligations under this Agreement. (F) The headings in this Agreement are included for convenience and do not affect the construction or interpretation of any provision of, or the rights or obligations of a Party under, this Agreement. 1.3 Exhibits. (A) All of the Exhibits that are attached to the body of this Agreement are an integral part of the Agreement and are incorporated by reference into this Agreement, including: (B) (1) Exhibit A — OCR Letter Agreement (2) Exhibit B — Marathon Letter Agreement (3) Exhibit C — Description and Plat of Installation Area If a conflict exists between the body of this Agreement and the Exhibits, the body prevails to the extent of the conflict. 2. UPGRADE OF GGR 2,1 GGR Upgrade. Chevron grants Marathon permission to upgrade the GGR at Marathon's sole risk and expense according to the terms of this Agreement. Marathon will constrict a new section of road, remove the temporary and existing bridges, and replace with a new Qt.S No, 649369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 3 VIIIr4P1111.101.1101,141 WIniii 11111 Reception#: 762463 01/30/2009 04:28:35 PM Jean Alberioo 4 of 45 Rec Fee:5225.0D Doo Fee:0.00 GARFIELD COUNTY CO bridge within the boundaries of the Installment Area, and according to the plat shown on Exhibit C for the purposes described in Section 3 ("Upgrade"). As shown in Exhibit C, the Installment Area shall be fifty feet (50') in width, the centerline being situated directly over the line depicting the road within the Installment Area, No surface will be disturbed outside of the Installation Area, and at least two lanes will be left open and made available on GOR for use by truck traffic during construction. The Upgrade to be constructed under this Agreement shall be owned and licensed according to the terms of the GGR Letter Agreement, (A) Chevron Reserves Certain Rights. Chevron reserves to itself, its Affiliates, agents, successors and assigns, the right of ingress to and egress from the Installation Area for the purpose of any or all of the following: (1) laying, constructing, operating, repairing and removing a pipeline or pipelines, (2) cutting and removing any and all timber standing, growing and being upon the Installation Area, (3) engaging in a program of reforestation by the planting, seeding and cultivation of additional trees thereon, (4) removing soil andlor dirt from the Installation Area and (5) testing by seismographic methods or any other method, similar or dissimilar, and of prospecting andlor drilling for Petroleum Substances, with the right to produce, store, treat, process, transport, distill and extract the contents of same on or near the Installation Area. Chevron further reserves the right to erect such structures or buildings and make such excavations as it deems necessary and proper for any and all purposes contained in this reservation, without any liability whatsoever to Marathon for any acts done by Chevron in carrying out such purposes and in performing any acts incidental to same. (B) No Warranty. Marathon accepts the Installation Area in its present condition, "AS IS, WHERE IS" and accepts full responsibility therefore, without warranty, express, statutory or implied, as to title, merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, without recourse against Chevron. Chevron makes no representations or warranties regarding Marathon's right of ingress and egress from the Installation Area across adjacent or adjoining lands. (C) Subject to Existing Agreements. This Agreement is made subject to all existing easements, rights-of-way, licenses, leases and other agreements affecting the surface or subsurface of the Installation Area, Chevron further reserves the right to grant other rights-of-way, licenses, leases, easements, and other agreements to third parties to cross over or under the Installation Area to be constructed under in this Agreement. Marathon is responsible for obtaining any necessary third party consents prior to conducting activities on the Installation Area pursuant to this Agreement. 2.2 Bridge. Marathon shall remove the existing bridge and temporary bridge and install the new bridge in a safe and prudent manner in compliance with alt laws and regulations, and shall properly dispose of all material associated with the existing bridge and its removal off of Chevron's property. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 4 1111 mamma',Piliisuikt mum t 11'mi 11111 Re cep t iortiii : 152463 01f30/2009 04:26:35 PM Jean Rlberioo 5 of 45 Rao Fee:S226.0D Doc Fee:0.00 GARFIEI_D COUNTY CO (A) The temporary bridge installed by Marathon under the Temporary Bridge Agreement will remain in place until construction of the new bridge provided under this Agreement is completed, (8) Marathon shall completely remove the entire existing original bridge and the temporary bridge shown on Exhibit C, including but not limited to, the concrete base and metal brace on the original existing bridge at the center of Parachute Creek. (C) Marathon shall not operate or conduct any construction in the installation Area between December 1, 2008 and April 1, 2008. Marathon shall also coordinate with Chevron's Ranch Manager before commencing any construction in the Installation Area, as outlined in Section 4 below. Any other operational stipulations resulting from weather conditions will be given to Marathon by Chevron's Ranch Manager at the time of the consultation under Section 4. Notwithstanding the forgoing, Marathon may request of Chevron in writing an exception to the weather construction restriction set forth in this Section 2.2(C), Chevron may grant or deny the exception in writing at its sole discretion for any reason or no reason. 3.3 Construction and Staging Areas. Marathon may use the "Construction Area" and "Staging Area" identified on Exhibit C to store equipment, materials, and vehicles associated with construction of the Upgrade. After the Upgrade is complete, Marathon shall have no rights to the Construction Area or Staging Area. (A) Marathon may use the Construction Area and Staging Area identified on Exhibit C to store equipment, materials, and vehicles associated with the Upgrade. Marathon may also remove trees and conduct earth work in the Construction Area and Staging Area, subject to the requirements to coordinate with Chevron's Ranch Manager in Section 4. (B) Marathon shall not disturb any land located outside of the Installment Area, Staging Area and Construction Area. Marathon shalt not permit Construction Area or Staging Area to be used for any purposes, including parking, equipment or material storage after the Upgrade is complete. (C) Marathon shall store equipment, materials, and park all vehicles associated with the Upgrade only in the Construction Area and Staging Area identified in Exhibit C. Any additional storage, parking, or construction surface on Chevron lands shall not be utilized without prior approval from Chevron. 2.4 As -Built Drawings and Survey. Marathon shall continuously maintain current as -built drawings for the Upgrade and all of its associated facilities located within the Installation Arca and will provide Marathon with copies of such drawings within two months of completing any update of' drawings for the Upgrade. Marathon shall also provide Chevron with an as built survey prepared by a licensed surveyor of the Upgrade as constructed within two months of completing the Upgrade. 3. PURPOSE, USE, AND MAINTENANCE OF INSTALLATION AREA QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 5 x111 PAMPAS VINAVAN 11111 Receptionl$: 762463 01130J2009 04:28:35 P11 Jean Atberito 6 or 45 Roc Fee:6226.00 Dac Fea:0.00 GARFIELD COUNTY CO 3.1 Purpose. The Installation Area is to be used for the sole purpose of laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing a two lane road and bridge for the transportation of equipment associated with Marathon's drilling and development operations, per the terms of the license granted by Chevron under the GGR Letter Agreement. Marathon and its employees, agents, invitees, contractors, and subcontractors will have rights of ingress and egress to the Installation Area in connection with these purposes. Marathon agrees that no part of the Installation Area shall be used for any purpose except as provided in this Section 3. 3.2 No interference with Use by Chevron or its Lessees. Marathon shall maintain and operate the Installation Area in such manner that the Marathon's operations will in no way hinder or prevent the use and enjoyment of Chevron's adjoining property, including, but not limited to, use of adjoining property for exploration, mining, development, and removal of Petroleum Substances, and farming, ranching and land development operations. In conducting any activities on the Installation Area, Marathon shall minimize disruption and damage to any of the following: (A) the Installation Area and adjacent or adjoining lands or lands used for ingress or egress to the Installation Area: (B) the operations of Chevron's surface lessees; (C) Chevron or any of its lessees' or grantees' irrigation systems, crops, grazing livestock, pasture, and other agricultural and grazing equipment. 3.3 Weeds. In consultation with Chevron's Ranch Manager, Marathon shall control all invasive weed species in the Installation Area. Marathon shall use such methods of invasive weed species control as are normal and customary for the area without posing significant risk to human health or the environment. 3.4 Debris. Marathon will maintain the Installation Area in good repair, clear of debris, refuse and litter. From time to time as necessary, Marathon will clear away any and all refuse and litter and any other debris associated with the Upgrade or maintenance of the Installation Area, and shall ensure same are removed from and properly disposed in accordance with applicable Iaw off of Chevron's property. If Chevron notifies Marathon of any refuse, litter, or debris on the Installation Area, Marathon shall have thirty days from the date of Chevron's notification to clear it away and clean the Installation Area. Failure to comply with the conditions of this Section 3.4 shall be deemed a breach of this Agreement and handled in accordance with Section 15 under this Agreement. 3.5 Improvements. Marathon will maintain at its sole expense all improvements, fences, gates and cattle guards now located on the Installation Area or which may be placed on the Installation Area by Marathon, and will build, maintain and/or erect all necessary additional fences, gates and cattle guards as required by Chevron. 3.6 Grass Fires. Marathon shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. 3.7 Creek Dredging. If Marathon desires to dredge the creek where the bridge is located, Marathon will be responsible for obtaining all permits and agrees to dispose of any spoil in accordance with all applicable rules and regulations. Marathon shall not dispose of spoil from dredging on the Installation Area or any other lands owned by Chevron without the prior written consent of Chevron, which may be withheld for any reason or no reason. ()LS No. 649369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 6 11111 a111'4, 1.147 LEhl ANLAIM I4 LIN 11111 Reception#: 762463 01i30/2009 04:25:35 PM Joan Alborioo 7 of 45 Rac Faa:$226.00 Doc Fee:0.00 GARFIELD COUNTY CO 3.8 No Petroleum Substances, Agricultural, Hunting, or Fishing Rights. The rights granted under this Agreement do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, farming, ranching, fishing or hunting rights. Marathon, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Chevron lands, including the Installation Area, 3.9 Trespassers. Marathon will notify trespassers to keep off the Installation Area by posting signs at its sole expense unless already posted by Chevron, in which event Marathon agrees to maintain any existing signs during the Term. In the event any trespasser(s) refuses to vacate or cease trespassing on the Installation Area, Marathon shall promptly notify Chevron. It is understood and agreed that Marathon may exercise any legal right or remedy available to Marathon against any parties not having the express written permission of Chevron to hunt or fish on the Installation Area for the protection of Marathon's rights under this Agreement, whether such right be criminal or civil in nature or available either in equity or at law. 3.10 No public use. All activities permitted pursuant to this Agreement shall be performed by or under the direction of Marathon, and Marathon shall not permit, unless otherwise authorized in writing by Chevron, public easements, public facilities, or public roads over or under the Installation Area. 3.11 Restoration of Installation Area. Marathon shall keep the Installation Area in a good and safe condition and, after doing any work which disturbs any surface area outside the Upgrade, whether inside or outside the boundaries of the Installation Area, Marathon shall restore such surface to as good or better than its original condition prior to disturbance, 3.12 No permanent or temporary structures. Marathon shall have no right to locate any additional permanent or temporary surface structures on any part of the Installation Area without the prior written approval of Chevron, which approval is separate from and in addition to any rights granted in this Agreement. Chevron may withhold its approval for any reason or no reason. Marathon shall have no right to use any of Chevron's surface outside of the boundaries of the Installation Area, except rights of ingress and egress to the Installation Area granted under this Agreement. 3.13 Handling of Top Soil. Marathon shall remove any top -soil from the Installation Area separately from other material removed by Marathon in connection with any activity on the Installation Area, and shall replace any topsoil removed upon completion of that activity. 3.14 Stones, Brush, and Other Debris. Ali stones, brush and debris uncovered on, removed from or deposited on Chevron lands as the result of activities permitted under this Agreement shall be disposed of at Chevron's direction and at Marathon's sole cost and expense. 3.15 Drainage and Irrigation Systems and Other Roads. Marathon shall timely replace or rebuild, to the satisfaction of Chevron, any and all parts of any road or any drainage or QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 7 1111 rh 11:4.14.71,1nArioll 141,111 11111 Recepption0: 762453 01/3012009 04:26:35 PM Jean Alberioo or 45 Rec Fee $226.00 Doc Fee:0 00 GARFIELD COUNTY CO irrigation system road or other improvement that may be damaged in connection with Marathon's activities conducted pursuant to this Agreement. (A) Marathon shall restore to proper operating condition to Chevron's satisfaction any irrigation systems damaged by the activities permitted under this Agreement. Immediately upon completion of any activity performed under this Agreement, Marathon shall timely repair any damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and flowlines. All culverts and buried irrigation system pipelines damaged by the Upgrade activities shall be replaced by Marathon immediately upon completion of the activity. (B) Marathon shall also permanently restore to field grade any settling or slumping in Chevron's fields and pastures, caused by the activities permitted under this Agreement. (C) Upon completion of the Upgrade, Marathon shall grade all roads on Chevron's lands that were used in connection with Marathon's activities under this Agreement. 3.16 Fences. Marathon shall have the right to cross fences on Chevron property adjoining the Installation Area whenever Marathon's crossing shall be reasonably necessary in conducting activities permitted under this Agreement. Marathon shall maintain a proper enclosure at all times and shalt restore such fences to a condition equal to or better than their condition prior to Marathon's crossing as soon as crossing is completed. Nothing in this Section 3.16 shall be construed to make Marathon responsible for restoration of fencing damaged or removed by any party other than Marathon. its employees, agents, contractors, subcontractors, or invitees. 4. COORDINATION WITH CHEVRON RANCH MANAGER. Marathon shall work in cooperation with Chevron's Ranch Manager to coordinate all activities permitted under this Agreement. At least ten days prior to beginning work on the Installation Area, Marathon shall contact Chevron's Ranch Manager at the phone number listed below with the signatures to this Agreement, and shall arrange a mutually convenient time to review Marathon's plans for the Installation Area. In addition to verifying that Marathon's plans will meet the requirements of Sections 2 and 3, Marathon and Chevron's Ranch Manager will agree upon the trees to be cut within the Staging Area and Construction Area. Marathon will provide Chevron and all other road users with a detailed timeline of the Upgrade. 5. COMPLIANCE WITH APPLICABLE LAW. In its exercise of its rights granted under this Agreement, Marathon will comply with all applicable federal, state, and local laws and with all rules, regulations and orders of all regulatory authorities having jurisdiction. 6. NECESSARY PERMITS. Marathon shall obtain and maintain, and ensure shall ensure that its contractors and subcontractors maintain, all licenses, permits, consents, approvals or other authorizations from all governmental or professional or other bodies having jurisdiction which are necessary for the performance of activities permitted under this Agreement, QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2006 Execution Version 8 ■III! ���t�,I�Y, `�IGs�;�+�fl,I�#l!h INTIK! liffil iIfII Reception#: 762463 9 of 45 Ra9o 04:28.35 PM DocnFee 0rpp GPRFIELD COUNTY CO 7. LIENS. Marathon will pay all claims for labor and materials that may be furnished on its behalf, and will defend, indemnify and hold Chevron harmless against all liens, encumbrances and Claims that may be filed against Chevron lands as a result of Marathon's activities under this Agreement and all Claims incurred and/or paid in connection with same. 8. TERM. Unless terminated earlier, the term of this Agreement begins on the Effective Date and ends one year from the Effective Date, and shall continue so long as Marathon continues to use and maintain the Upgrade without interruption for more than 180 consecutive days. 9. TERMINATION 9.1 Failure to Complete or Cessation of Use. If Marathon fails to complete the Upgrade within one year from the Effective Date, or ceases to use and maintain the Installation Area or Upgrade for more than 180 consecutive days at any time after the Effective Date, this Agreement will automatically terminate, 9.2 Interference with Chevron Operations. (A) If Chevron determines in its sole discretion that Marathon's operations will interfere with Chevron's exercise of its rights to Petroleum Substances, Chevron may choose from either of the following options: (1) Terminate the Agreement. (2) Require Marathon to modify or relocate the Upgrade within the Installation Area or to such other Chevron lands as Chevron directs in order to eliminate the interference to Chevron's satisfaction. If Chevron elects to require Marathon to modify or relocate Marathon's operations under this Agreement, all of the following will Occur: (a) The Parties shall execute a written amendment to this Agreement reflecting the modification or relocation of the Upgrade under this Agreement. (b) Except as provided in Section 11, if modification or relocation of Marathon's operations occurs prior to January 18, 2018, Chevron shall reimburse Marathon for its reasonable and actual documented costs of relocating the Upgrade, subject to Marathon's obligations to restore under Section 10. (c) Effective January 1, 2018 and thereafter, Marathon agrees to modify or relocate the Upgrade at its sole risk and cost and subject to Marathon's obligations to restore under Section 10. 9.3 Upon termination of this Agreement, Chevron will have the option, in its sole discretion, to either retain the right to use the Upgrade subject to Marathon's obligations under Section 10.1, or require Marathon to abandon and remove the Upgrade and restore the Installation Area under Section 10.2. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 9 1111 FA. 11111 Receipt ionic : 762463 01)30!2009 04:26:35 PM Jean Alberico 10 of 45 Rae Fee:$226 00 Doe Fee:0.00 GRRFIELD COUNTY CO 9.4 Termination of this Agreement under any of its provisions shall not operate to extinguish any obligations of Marathon which have accrued at the time of termination, or which accrue upon termination. 10. OBLIGATIONS UPON COMPLETION OF UPGRADE OR TERMINATION 10.1 Restoration. (A) Upon completion of the Upgrade or termination of this Agreement, Marathon shall have one month from completion of the Upgrade or termination of this Agreement, as applicable, to restore the Installation Area and all areas on Chevron lands areas disturbed by any activity under this Agreement to their original or better condition. If termination of this Agreement or completion of the Upgrade, as applicable, occurs after October 1, 2008, Marathon shall have until the earlier of June 30, 2009 or one month after Spring 2009 thaw begins to restore the installation Area and all areas on Chevron lands affected by any activity under this Agreement to their original or better condition. (B) Marathon's restoration obligations under Section 10.1(A) shall include reseeding with seed mixes and planting trees approved by Chevron. Marathon shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation in the Installation Area. Reseeded areas shall be properly mulched except in pastures and hay fields. Marathon shall also spray ail areas disturbed by construction to control noxious weeds for a period of no less than three growing seasons after completion of the Upgrade or termination of this Agreement, as applicable. 10.2 Chevron's Option to Require Abandonment. Upon termination of this Agreement, Chevron shall have the option in its sole discretion to require abandonment or removal of the Upgrade within the Installation Area. If abandonment is requested by Grantor, Grantee shall leave the Upgrade in a well maintained condition. If a removal of the Upgrade is requested by Grantor, Grantee shall have a period of six months from and after the effective date of termination in which to remove the Upgrade from the Installation Area and comp}y with its restoration obligations under Section 10.1. 10.3 Marathon Release. Upon the termination of this Agreement, in whole or in part, for any reason, Marathon will, within thirty days thereafter, deliver to Chevron an instrument in the county records that reflects that Marathon's rights to the Installation Area under this Agreement have terminated, in whole or in part. If Marathon fails to comply with this obligation within the time required, Marathon authorizes Chevron to file a notice of termination on Marathon's behalf. 11. LIMITATION ON DAMAGES. Under no circumstances shall Chevron have any obligation to compensate Marathon for indirect or consequential loss, including loss of production, petroleum or petroleum products, loss of prospective economic advantage or benefit, or loss of business opportunity, punitive or exemplary damages. 12. MARATHON'S INDEMNITY. Marathon will defend, indemnify and bold Chevron harmless against all Claims (including without limitation attorneys' fees and court costs, costs of investigating Claims, site assessments, testing and remedial actions) incurred and/or paid in QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 10 •III '�I 1�` �r�l�4l t ti � �I�� �I t[fltl 11 III Reception#: 752463 01130!2008 04:26:35 PM Jean Rlberico 11 of 45 R. Fee:$226.00 Doc Fee:0.00 GRRFIELD COUNTY CO connection with such Claims, arising from or on account of any act or omission by Marathon, its employees, agents, invitees, contractors, and subcontractors, on or relating to this Agreement or the Installation Area. Marathon's defense and indemnity obligation will not apply to Chevron's sole negligence or willful misconduct. If Marathon fails to perform any act required by this Agreement or otherwise comply with any of its obligations under this Agreement, Chevron will have the right but not the obligation to perform the act or obligation that Marathon failed to perform, and Marathon will fully .defend, indemnify and hold Chevron harmless against all costs and expenses incurred by Chevron in performing the act or obligation that Marathon failed to perform. If Marathon fails to comply fully with the terms of this Agreement, Marathon will be obligated to reimburse all costs and expenses incurred by Chevron in enforcing this Agreement, including but not limited to court costs and attorneys' fees. The provisions of this paragraph will survive termination of this Agreement. 13. INSURANCE 13.1 Neither the minimum policy limits of insurance required of Marathon under this Section 13 nor the actual amounts of insurance maintained by Marathon under its insurance program limit or reduce Marathon's liability and indemnity obligations in this Agreement. 13.2 Marathon shall maintain the following insurance and all other insurance required by applicable law: (A) Workers' Compensation and Employer's Liability Insurance as prescribed by applicable laws. The policy limits of the employer's liability insurance must not be Tess than $1,000,000.00 per occurrence. (B) Commercial General Liability (Bodily Injury and Property Damage) insurance, including the following supplemental coverages: Contractual liability to cover the liabilities assumed in this Agreement; Products and Completed Operations; Explosion, Collapse and Underground Hazards; and Sudden and Accidental Pollution. The policy territory overage must include all areas where operations are to be performed. The policy limits must not be less than $10,000,000 combined single limit per occurrence. (C) Automobile Bodily Injury and Property Damage Liability Insurance extending to all vehicles provided by Marathon in the performance of operations. The policy limits for this insurance must be the higher of the amount required by applicable law or $1,000,000 combined single limit per occurrence. 13.3 Policy endorsements. (A) Marathon shall, or shall cause its insurer to, provide Chevron with thirty days' notice before canceling or making a material change to an insurance policy required by Section 13.1. (13) Waivers of subrogation in favor of Chevron must be included in the workers' compensation insurance policies required by Section I 3.2(A). QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 1] mu in Coromgtrie EW4 loamn' with •IIII Reception#: 762463 01/30/2006 34:26:35 PM Jean A1bertoo t2 of 45 Roc Fse:$226.OD Doc Fee:0.O0 GARF1FLD COUNTY CO (C) The insurance required in Sections 13.2(B) and 13.2(C) must include all of the following: (1) Chevron shall be named as additional insureds to the extent of the liabilities assumed by Marathon under this Agreement. The coverage provided to Chevron as additional insureds must expressly include liability imposed or sought to be imposed upon Chevron for the contributory fault or negligence of Chevron to the extent that Marathon has assumed such liabilities of Chevron under the Agreement. (2) A provision that the insurance is primary with respect to all insureds, including additional insureds, and that no other insurance carried by Chevron will be considered as contributory insurance for any loss. (3) A cross liability or severability of interest clause which has the effect of insuring that each insured (including additional insureds) is covered as a separate insured. 13.4 Evidence of insurance. Before performing any operations on the land under this Agreement, Marathon shall provide Chevron with certificates or other documentary evidence satisfactory to Chevron of the insurance and endorsements required under this Section 13. Chevron's acceptance of this certificate does not constitute a waiver, release or modification of any of the insurance coverages and endorsements required under this Section 13. Marathon shall provide copies of insurance policies required under this Agreement if requested by Chevron. Marathon acknowledges that failure to provide a certificate or a copy of a policy or other evidence as required by this Section 13.4 may lead to termination of this Agreement. 13.5 Deductibles or self-insured retentions. Marathon is solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Chevron covered by Marathon's insurance policies. The level of these deductibles or retentions must be reasonable and compatible with that expected of a prudent operator in similar circumstances. 13.6 Waiver of subrogation for Chevron's physical damage insurance. Marathon shall obtain a written waiver of subrogation in favor of Chevron from its insurers who provide physical damage insurance with respect to property used in the performance of operations. 13.7 Conflict with applicable law. Marathon will not be required to carry the insurance coverages required in this Agreement to the extent such coverages conflict with, or are void or otherwise unenforceable under, applicable Iaws or regulations. 13.8 Self Insurance. Marathon may satisfy its insurance obligations under this Section 13 by delivering to Chevron a written commitment to administer a program of self-insurance in a form acceptable to Chevron which satisfies ail of the insurance requirements set forth above. 14. TAXES. Marathon shall promptly pay, before delinquency, ail taxes and assessments levied or assessed upon or against the Installation Area during the term hereof, by reason of, or resulting QL5 No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2006 Execution Version 12 1111 i INTI 11111 Recoptlon8: 762483 01J3012009 04:26:35 PM Jean Rtberi*o 13 of 45 Rau Fee:3226.00 Doc Fee:0.00 GRRFtE:LD COUNTY CO from Marathon's activities under this Agreement in relation to the Upgrade and all associated facilities, and to reimburse Chevron for any increase in taxes paid by Chevron resulting from the value of such Upgrade and associated facilities, whether or not separately assessed. Marathon shall pay all taxes levied or assessed upon or against the Upgrade and associated facilities and operations on the Installation Area. 15. BREACH; CHEVRON'S RIGHT TO SUSPEND ACTIVITIES. If Marathon defaults in the performance of any of its obligations under this Agreement, Chevron may suspend activities under this Agreement at the sole cost of Marathon effective immediately upon Chevron placing written notice in U.S. Regular mail to Marathon, and may enforce the performance of this Agreement in any manner provided by law. Any attempt by Marathon to interfere with Chevron's exercise of its rights to suspend Marathon's activities for breach shall result in automatic termination of this Agreement. Regardless of whether Chevron suspends Marathon's activities under this Agreement, this Agreement may be terminated at Chevron's discretion if Marathon's default continues for a period of thirty days after Chevron notifies Marathon of such default and Chevron's intention to terminate this Agreement, and Marathon has not cured the default within such thirty day period or has not undertaken actions reasonably calculated to cure the default within such period and thereafter pursued such actions with reasonable diligence. Thereafter, Chevron will have the right, without further notice or demand, to enter the Installation Area, remove all of Marathon's personal property that may be located thereon, and restore the Installation Area to its original condition, without waiving any other remedies to which Chevron may be entitled. If, within ninety days after the date of Agreement termination, Marathon does not fully reimburse the costs Chevron incurs in removing and storing Marathon's personal property and restoring the Installation Area to its original condition, then in addition to Chevron's other rights under this agreement, Chevron may dispose of the stored property, retain any proceeds from the sale of such property, and maintain an action against Marathon for any deficiency. 16. REMOVAL OF PROPERTY. Buildings, improvements, material, machinery, equipment and other property that may be constructed or placed on the land by Marathon will not become part of the real property but will remain the personal property of Marathon. Marathon will remove all of its personal property from the land within ninety days following termination of this Agreement. If Marathon fails to remove its personal property from the land within ninety days following termination of this Agreement, Chevron will have the right but not the obligation to assume ownership of same without the necessity of a formal conveyance or bili of sale from Marathon, and/or to dispose of such personal property and retain any proceeds from sale. All machinery and other material, equipment and property associated with the construction of the road and removal of the bridge shall not become part of the real property but shall remain the personal property of grantee. Grantee shall be obligated to remove all personal property placed by grantee within the Installation Area within sixty days following the removal of the existing bridge and shall not thereafter be allowed to place personal property within the Installation Area. If grantee fails to remove its personal property within sixty days following the removal of the existing bridge, grantor shall have the right but not the obligation to assume ownership thereof without the necessity of a formal conveyance or bill of sale from grantee, and/or to dispose of such personal property and retain any proceeds from the sale thereof, or should the cost of disposing of such personal property exceed the revenue generated by such a sale to recover any shortfall from the grantee. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 13 Eli i ">kleirzho !Krum BIII Reception4: 762463 01130/2009 04:26:35 PM Jean Aleerioo 14 of 45 Rec Fee.S226.00 Doc Fee:D.00 GARFIELD COUNTY CO 17. NOTICES. All notices required or permitted under this agreement must be in writing and delivered by mail (postage prepaid) or by hand delivery to the address of the receiving party set out in the signature page to this agreement, unless otherwise specified in this agreement. Notice may also be delivered by facsimile sent to the facsimile number of the receiving party set out in the signature page to this agreement provided that the original notice is promptly sent to the recipient by mail (postage prepaid) or by hand delivery. Notices sent by email are ineffective. Except as otherwise provided in this Agreement, notices are effective when received by the recipient during the recipient's regular business hours. Notices which do not comply with the requirements of this agreement are ineffective, and do not impart actual or any other kind of notice. N. CONFLICT OF INTEREST. Conflicts of interest relating to this agreement are strictly prohibited. Except as provided in this agreement, neither Marathon, nor any director, employee, agent of Marathon, shall give to or receive from any director, employee or agent of Chevron any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Marathon nor any director, employee or agent of Marathon shall, without prior written notification thereof to Chevron, enter into any business relationship with any director, employee, or agent of Chevron or any Affiliate, unless such person is acting for and on behalf of Chevron. Marathon shall promptly notify Chevron of any violation of this Section. Any representatives authorized by Chevron may audit any and all records of Marathon for the sole purpose of determining whether there has been compliance with this Section 18. Marathon shall maintain true and correct records in connection with all matters relating to this Agreement and retain such records for at least twenty-four months after termination of this Agreement. 19. PUBLIC ANNOUNCEMENTS. Marathon shall not issue any public announcement or statelnent concerning the Upgrade or this Agreement without obtaining Chevron's prior written consent. 20. THIRD PARTY RIGHTS. No Person who is not a party to this Agreement has any rights under this Agreement or may enforce any provision in this Agreement. 21. GOVERNING LAW. This Agreement is governed by and interpreted under the laws of the State of Texas, without regard to its choice of law rules. The Parties agree that forum and venue will be exclusively in a court of competent jurisdiction in Houston, Harris County, Texas. 22. GENERAL PROVISIONS 22.1 Entire Agreement. This Agreement comprises the complete and exclusive agreement between the Parties regarding the Upgrade, and supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 22.2 Amendment. No amendment to this Agreement is effective unless made in writing and signed by authorized representatives of both Parties. 22.3 Severability. Each provision of this Agreement is severable. If any provision is determined to be invalid, unenforceable or illegal under any existing or future law by a court, arbitrator of competent jurisdiction or by operation of any applicable law, this QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 14 1 111111 'o viz muin.1t4Ipa 1kivet loco. 11111 Reception#: 762463 0113012009 04:26:35 PM Jean Merino 15 or 46 Rea Fee:$228.00 poo Fee:0.00 GARFIELD COUNTY GO invalidity, unenforceability or illegality will not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal. 22.4 Waiver. No waiver by either Party of this Agreement's terms, provisions or conditions shall be effective unless specifically evidenced in writing and signed by or on behalf of the Party granting such waiver. A Party's failure to pursue remedies for breach of this Agreement does not constitute a waiver by such Party of any breach of this Agreement or raise any defense against Claims against a Party for breach of this Agreement. The waiver or failure to require the performance of any covenant or obligation contained in this Agreement or to pursue remedies for breach of this Agreement does not waive a later breach of that covenant or obligation. 223 Survival. Despite termination of this Agreement for any reason, all provisions in this Agreement containing representations, warranties, releases, defense obligations and indemnities, and all provisions relating to audit, confidentiality, conflicts of interest, insurance, disclaimer of certain remedies, limitations of liability, ownership or use or return of Confidential information, dispute resolution and governing law, and all causes of action which arose prior to completion or termination, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. Each of the obligations and undertakings set out in this Agreement which is not fully performed at termination shall continue in force after termination. 22.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original of this Agreement, and which together will constitute one and the same instrument; provided that neither Party will be bound to this Agreement unless and until both Parties have executed a counterpart. 22.7 Drafting. Preparation of this Agreement has been a joint effort of the Parties and the resulting Agreement must not be construed more severely against one of the Parties than against the other. 22.8 Assignment. This Agreement will be binding upon and inure to the benefit of the Parties and their respective Affiliates, heirs, legal representatives, successors and assigns. Marathon may not assign its rights under this Agreement without Chevron's prior written consent. Such consent may be withheld by Chevron for any reason or no reason. 22.9 Authorized Representatives. Each Party represents and warrants that the Agreement has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid and binding obligation enforceable in accordance with its terms, and no consent or approval of any other person is required in connection with its execution, delivery and performance of this Agreement. The remainder of this page left intentionally blank, QLS No. +599369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 15 r ■1111 ,ailir111111 141 41/11111111Nelleg • 111 Reception#: 762463 0113072008 04:25:35 PK Jean Rlberioo 16 of o5 Ree Fee:$226.DO Doc Fee:0,00 GARFIELD COUNTY CO IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: CHEVRON U.S.A. INC. MARATHON OIL COMPANY Signature: •00 • Name: c,. 1 Title: Attorney -in -Fact ADDRESS FOR NOTICES: 11111 S. Wi]erest Houston, Texas 77099 Signature: Title: , 7lia rri e '1 - ADDRESS FOR NOTICES: 5555 San Felipe Road Houston. TX 77056 Attention: Land Manager Attention: Land Manager, Piceance Basin Facsimile: Facsimile; 7 i 3 - ;?6"- "YL, 75 Ranch Manager Craig Tysse, Ranch Manager — (970) 285-9722 QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 16 1 •;ii t' �Q MCA% rikkillnkilialff rf iff Recept F onit : 762463 0117 of 45©Ree Fee-1226M00JDoe an Fee. D. OD GARFIELD COUNTY CO EXHIBIT A - GGR LETTER AGREEMENT, DATED JANUARY 17, 2005 SEE ATTACHED. Q! S N. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1. 2008 Execution Version t7 VIII i'.leiroon11 ' 11,411:G 'IMICh i* 11111 Reception#: 782463 Oit30f2009 04:26,35 PM 3san Rlberiao 19 of 45 Reo Fee:$226.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B — MARATHON LETTER AGREEMENT, DATED JULY 19, 2006 SEE ATTACHED, QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 1R 1111 "i cn+11' lca 1W0,1,4Ml N Wh0011,111411111 Reeept ierr# : 762463 01/30/2009 04.2835 PM Jean Alberico 19 of 45 Reo Fee $226.00 Doc Fee:D.00 GARFIELD COUNTY CO EXHIBIT C — DECRIPTION AND PLAT (W INSTALLATION AREA, INCLUDING UPGRADE, CONSTRUCTION AREA, AND STAGING AREA SEE ATTACHED. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 19 1 ChevronTexaco Shale Oil Company North America Upstrcarn 11111 S. Wticrest, Houston, TX 77099 P.O. Box =6366, Houston, TX 77236 EXH BiT "A" 1111 In 141i1C10110.1h i'11111 Recepption#: 762463 01136f2009 04.26:35 PM Sean Atberico 20 of 45 Rec Fee:$226.00 Doe Fee;O.00 GARFIELD COUNTY CO January 17, 2005 Petroleum Development Corporation Attention: Dewey Gerdotn 3801 Carson Avenue Evans, CO 80620 CTSOC to PDC Leases Consent to Assign and Amendment of Leases Garden Gulch Road Agreement Garfield County, Colorado Dear Dewey, ChevronTexaco Per your letter dated November 15, 2004, delivered at our meeting with Orval Baldwin and Eric Stearns in Orval's office on November 17, 2004, Petroleum Development Corporation (PDC) has requested ChevronTexaco Shale Oil Company, a division of Chevron U.S.A. Inc. (CTSOC), which is successor in interest to Chevron Shale Oil Company, consent to PDC's assignment to Piceance Gas Resources, LLC (PGR) of an approximate 50% interest in CTSOC's leases to PDC in Garfield County, Colorado (defined on Exhibit "A") as same cover the mesa top. PDC has further requested that Article 16. of each of the Exhibit "A" leases be amended to extend the well and facilities relocation date (relocation date) past the current date of January 1, 2018. The relocation date is the date at which the responsibility for paying the costs associated with moving existing wells and facilities so that CTSOC may pursue shale operations shifts from CTSOC to PDC. CTSOC is willing to consent to the requested assignment of interest to PGR (attached hereto as Exhibit "B") and to amending Artiele 16. of each of the Exhibit "A" leases as provided in Paragraph 4 below for each and every well spudded under said leases after the date of the amendment (attached hereto as Exhibit "C"), if PDC agrees to the following: 1. PDC shall execute the Consent to Assign letter agreement (attached hereto as Exhibit "D") and shall also obtain PGR's execution of said Exhibit "D". Both executed copies of said Exhibit shall then be returned to CTSOC; only upon CTSOC's receipt of such copies of Exhibit "D" executed by PDC and PGR shall CTSOC's consent to the assignment referenced herein become effective. 2. PDC shall proceed with the construction of the Garden Gulch Road (GGR) per the terms of this Item number 2. EXHIBIT "A" January 17, 2005 Page 2 �lfl reiterzinh mit f ritiorChiilthmui1 fll Reception#: 762463 01I30I2009 04:26:35 PM Jean Rrber,co 21 of 45 Rec Fee:$226.00 Doc Fae:0,DO GRRFIELD COUNTY CO ChevronTexaco a. The route of said GGR shall be the highlighted route on the attached map (attached thereto as Exhibit "E"), said map being dated May 12, 2003 and having been drawn by Construction Surveys, Inc., or an alternative route. Prior to commencement of construction, PDC and CTSOC shall attempt to reach agreement on the final route for the GGR; if PDC and CTSOC: do not agree on a final route for the GGR by March 1, 2005, CTSOC alone shall choose the route. PDC shall act as project manager for the GGR building project. b. On or before March 1, 2005 PDC will submit to CTSOC a good faith estimate of the cost of construction of the GGR. Said estimate shall be from an independent third party who is in the construction business with experience in making such road estimates. 1.1' said estimate exceeds Four Million Five Hundred Thousand Dollars ($4,500,000), PDC shall have the choice of proceeding with the GGR construction, bearing the additional cost above $4,500,000 itself, or it may • decline to proceed with the GGR construction by paying CTSOC One Million Dollars ($1,000,000). This payment to CTSOC must be made no later than March 1, 2005. If this payment is made to CTSOC no later than March 1, 2005, PDC shall be under no further obligation to CTSOC under this agreement. If however, PDC elects to proceed forward, then PDC shall continue forward under the terms of 2c. below. c. PDC shall determine if the GGR construction requires any permit or approval from any agency, organization, group, governmental committee or other entity having jurisdiction over such construction. If any permit or approval is required, PDC may delay the start of construction until same is acquired. However, if said permits or approvals are not acquired by PDC and construction on the GGR started by May 31, 2005, PDC shall deposit into an escrow account the sum of One Million Dollars ($1,000,000) pursuant to the terms of an escrow agreement agreeable to both parties. After making said deposit PDC may cease to proceed with the permitting and construction of the GGR or it may proceed with same. If it does proceed with same and completes the permitting and commences construction of the GGR by December 31, 2005, PDC shall be entitled to a refund of the escrow account, otherwise the escrow account funds will be disbursed to Chevron. d. CTSOC shall contribute its surface fee for right-of-way for the road and 5300,000 to the total actual cost for building the GGR. PDC shall fund the remainder of the cost itself or by seeking additional companies or persons as contributors, approval of which must be requested by PDC and obtained from CTSOC prior to their being allowed to contribute toward the cost of the road, CTSOC may withhold approval of any such prospective contributor for any reason or no reason. PDC agrees to include any party as a contributor to the GGR that CTSOC wishes to have included, said party(s) bearing their proportionate share of the costs to build and maintain the GGR based on their EXHIBIT "A" January 17, 2099 Page 3 1111 ritiih ` oituviirlirm le ilii11 ` ,111i* NI 111 Receptlon4: 762463 01/30/2009 04:26:35 PO Jean alberiCo 22 of 46 Reo Fee:$226 00 floc Fee:0.00 GARFIELD COUNTY CO ChevronTexaco anticipated usage of the GGR and on terms similar to other third parties who have been allowed to join in the building of the GGR, if any have been so allowed. If the total cost to build the GGR exceeds $4,000,000, then CTSOC shall increase its monetary contribution for same by $50,000 for each $100,000 of increased construction costs up to a maximum total monetary contribution by CTSOC of $500,000. e. If after starting construction of the GGR, PDC or PDC and its contributors, has spent $4,500,000 without completing the GGR, it may choose to stop construction and abandon the project without further penalty, except that it will not leave any dangerous or hazardous condition created by the GGR construction, but will at its own cost make sure the entire construction area is safe before abandoning the project. f. The GGR shall be owned by CTSOC, and CTSOC shall grant PDC a license to use same. PDC will be responsible, at its sole cost and expense, for maintenance of the GGR, and shall perform same on an annual basis in order to retain its license to use the GGR. PDC shall not be able to transfer its license to use the GGR nor its duty to maintain the GGR without CTSOC's prior written consent, which consent may be withheld by CTSOC for any reason or no reason. Any other party which has contributed to the building of the GGR pursuant to the terms of this agreement shall be granted a license to use said road for as long as they pay a proportionate share of the continuing annual maintenance costs, said share to be determined by a written agreement to join in the building of the GGR executed by said contributor, by CTSOC and by PDC. g. CTSOC shall not be obligated to pay any maintenance costs on the GOR unless and until it begins using said road to actually mine its minerals or drill its own oil and/or gas wells or begins using same to otherwise actively extract its minerals. At that time, CTSOC shall pay its proportionate share of the maintenance costs for the GGR based on its percentage use of said road versus the other users thereof. h. No party may assign any portion of its license to use the GGR without the prior written consent of CTSOC, which consent may be withheld for any reason or no reason. CTSOC hereby agrees that PGR may use the GGR under PDC's license; PGR's right to use the GGR under PDC's license shall not be transferable without CTSOC's prior written consent, which consent may be withheld by CTSOC for any reason or no reason. Upgrades of the GGR shall be agreed to by CTSOC and PDC. No third party shall be allowed to use the GGR without paying a fee to be determined by PDC and CTSOC (if PDC and CTSOC are unable to agree as to a fee, CTSOC shall set the fee). All fees received from third parties, excluding maintenance fees and fees paid as original contributors under the terms of this Item number 2 shall be divided evenly between PDC and EXHIBIT "A" January 17, 2005 Page 4 1111 111 Reception#: 762453 01130/2004 04:26:36 PM Jean Alberico 23 of 45 Rec F`e:$226.00 Doc Fee:0.00 GARFIELD COUNTY CO ChevronTexaco CTSOC, Subject to the other provisions of this Item number 2, PDC must have all preliminary studies and any necessary agreements between additional contributors completed and start actual construction on the GGR no later than May 31, 2005 and proceed diligently with the work until completed. PDC may, at its sole discretion, form a Limited Liability Company (LLC) for the purpose of construction of the GGR, collection and disbursement of funds for the construction of the GGR and other administration, supervision and accounting for the project as necessary_ The parties hereto shall attempt in good faith to resolve any dispute arising out of or relating to this Letter Agreement promptly by mediation under the Center for Public Resources Mediation Procedure then currently in effect before resorting to litigation. 3. Article 6 of each lease listed on Exhibit "A" shall be amended to include the following language at the beginning of said article: "Lessee agrees that on surface lands owned by Lessor it will not commence any surface activities which are allowed under this agreement without first giving Lessor and Lessor's surface lessee thirty (30) days prior written notice of said activities. Additionally, prior to commencing any surface activity (other than surveying) on Lessor's surface lands, Lessee will enter into a written surface damage settlement agreement with Lessor's surface lessee covering the lands to be disturbed and will provide a copy of same to Lessor. In the event that Lessor's surface Lessee requires a damage settlement that Lessor and PDC deem unreasonable, then Lessor will waive the requirement for a written damage settlement." 4. Article 16 of each lease listed on Exhibit "A" shall he amended to replace the last sentence of said Article 16 with the following language: "Effective January 1, 2018 if Lessor requires Lessee to change, cease or relocate any of Lessee's facilities, the costs of same and the Iost production therefrom shall be borne as follows: Year 2018: Lessor 17/17ths, Lessee 0117th Year 2019: Lessor 16/l7ths, Lessee 1/17th Year 2020: Lessor 15/17ths, Lessee 2/17ths Year 2021: Lessor 14/17ths, Lessee 3/17ths Year 2022: Lessor 13/l7ths, Lessee 4/17ths Year 2023: Lessor 12/17ths, Lessee 5/17ths Year 2024: Lessor I 1/17ths, Lessee 6/17ths Year 2025: Lessor 10/17ths, Lessee 7/17ths Year 2026: Lessor 9/17ths, Lessee 8/17ths Year 2027: Lessor 8/17ths, Lessee 9/17ths Year 2028: Lessor 7/17ths, Lessee 10/17ths Year 2029: Lessor 6/l7ths, Lessee I 1/l7ths Year 2030: Lessor 5/17ths, Lessee 12/17ths Year 2031: Lessor 4/l7ths, Lessee 13/l7ths Year 2032: Lessor 3/17ths. Lessee 14/17ths Year 2033: Lessor 2/17ths, Lessee 15/17ths Year 2034: Lessor.1/17th, Lessee 16/17ths Year 2035: Lessor 0/17th, Lessee 17/17ths EXHIBIT "A" January 17, 2005 Page 5 1111 1411 lNita111v,IWh1iW4Y 11111 Reception#: 762463 eil30l20OR 04:26:35 PS Jean Rlberioo 24 of 45 Rec Fae.$226.00 Doc Fee:0,00 GARFIELD COUNTY CO ChevronTexaco Effective January 1, 2035 and thereafter, Lessee agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate an interference and Lessor shall have no obligation to compensate Lessee for lost production resulting from such elimination of an interference." If PDC agrees with the above, please so indicate by executing in the space provided below and returning a fully executed copy of this letter to my attention at the above address. This agreement shall be effective as of the date PDC agrees to and accepts this agreement. If you have questions regarding this agreernent, please direct them to Lee Parker at 281-561-4725. Sincerely, CHEVRONTEXACO SHALE OIL COMPANY, a division of Chevron U.S A. inc. By: O.F. Baldwin II Assistant Secretary y AGREED TO AND ACCEPTED this 21 54 -day of J c v► u. D v -t1 2005. PETROLEUM DEVELOPMENT CORPORATION 1 By: Eric R. Stearns Executive VP Exploration and Development EXHIBIT "A" attached to and made a part of that certain Letter Agreement dated January 17, 2005, by and between Petroleum Development Corporation and ChevronTexaco Shale Oil Company CTSOC leases to PDC in Garfield County, Colorado 1 Ls No. Ls Date Lessor 150498 07/31/01 Chevron Shale Oil Company 2 155563 3 155564 4 155565 5 158014 6 158348 7 158349 8 158350 9 158351 08/26/01 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company 10/24101 Chevron U.S.A. inc., succussor in interest to Chevron Shale 011 Company 05/12/02 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company 11/02/02 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company 09/20/01 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company 11/15/02 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company 11/15/02 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company 11/15/D2 Chevron U.S.A. Inc., succussor in interest to Chevron Shale Oil Company Lessee Recording Petroleum Development Corporation Bk 1312, Pg 165 Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation Petroleum Development Corporation Bk 1380, Pg 278 Bk 1380, Pg 273 Bk 1405, Pg 498 Bk 1447, Pg 568 Bk 1447, Pg 563 Bk 1447, Pg 573 Bk 1447, Pg 579 Bk 1447, Pg 585 1111 114 147,1011.10 111 Reception#. 762463 01130(2009 04:26:35 PM Joan Alberlco 25 of 45 Rec Fee:$228.00 Doc Fee:0.00 GARFIELD COUNTY CO „v„ zISIHXI Exhibit "g„ EXHIBIT «11 attached to and made a part of that certain Letter Agreement dated January 17, 2005, by and between Petroleum Development Corporation and ChevronTeracu Shale Oil Company Exhibit C To Purchase and Sale Agreement Dated Effective Novettiber 1, 2004 By and Between Petroleum Peveloptnent Corporation, as Seller, and piceaace Gas Resources, LLC, as Buyer A:SSJGNII ENT OF OIL AND GAS LEASES THIS ASSIGNMENT OF OfL AND GAS LEASES (the "Assignment"), dated effective November 1, 2004 at 7:04 a.m., Mountain Standard Time (ilia "Effective Time"), is from Petroleum Development Corporation, a Nevada corporation, 103 East Mein Street, Bridgeport, West Virginia 25310 ("Assignor") to ?jounce Gas Resources, LLC, a Colorado ]united liability company, 73017` Stteet, Suite 410, Denver, Colorado 80202 ("Assignee"). For 51.00:00 and. other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee all of Assignor's right,. title and interest in and to the oil and gas leaves described ort Exhibit A (tbe ' Leases") insaf'at and only insofar as the Leases cover the lads described on Eichibit A (the "Lands'), located in Garfield County, Colorado, TO HAVE AND TO HOLD the Leases as to the Lands With all and singular the rights, privileges, and appurtenances thereto belonging or in anywise appertain ig unto Assignee; its successors and assigns, forever. This Assigtnrtient is lade and accepted expressly subject to the following terms and conditions: 1. This Assignment is subject to a Purchase and Sale Agreement dated December . 2004,. effective November 1., 2004, between Assignor and Assignee (the "Purchase Agreement"), including. certain drilling obligations which must be satisfied in order for Assignee to retain al) our portions of the Leases and Lands assigned hereunder, together with reassignment obligations which arise in the event that the drilling obligations set forth in the Purchase Agreement are not satisfied. All reassignments of; the Leases by Assignee to Assignor shall be free and dear of all liens and encumbrances and any burdens on production other than the lessor's royalty provided for in the Leases and other burdens an production existing o£ record as of the Effective Time. In addition, the Purchase Agreement contains certain consent to assign provisions. 2. THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND EXPRESS, IMPLIED OR STATUTORY, EXCEPT THAT ASSIGNOR WARRANTS TITLE TO THE LEASES AS TO THE LANDS PROM AND AGAINST ALL PERSONS CLAIM NG BY, THROUGH AND UNDER ASSIGNOR, BUT NOT OTi{ERWISE. Z607134,4 17JorV 4 3!3! PM 1 EXHIBIT "A" 3. To the extent permitted by law, Assignee shall be subrogated to Assignor's rights in and to representations, warranties and covenants given with respect to the Leases. Assignor hereby grants and transfers to Assignee, its successors and assigns, to the extent so transferable and permitted by law, the benefit of and the tight to enforce the covenants, representations and warrantirc, if any, vphieh Assignor is entitled to enforce with respect to the leases, but only to the extent not enforced by Assignor. 4. Assignee asgumz s and agrees to pay, perform, fulfill ,and discharge all claims, costs, expenses, liabilities. azid obligations accruing or relating to the owing, developing, exploring, operating or maintaining of the Lases as to the Lands or the producing, transporting and marketing of OR, gas ai Other hydros bons• from the Lands, relating to periods after the Effective Time, including, without limitation, the obligation to *gaud abandon all wells and reclaim all well sites cnntais:previously reassigned to Assignor in accordance with Section t.b of this ,A,ssignment), .andittl oblig itiatit arising under -agreements coveting or relating to the Les as to the Lands, all asmorapatticulerly set forth in the Purchase Agreement. If `there is a conflict between the terms of this. Aisignment and the Purchase Agreement, the te=rms of the Purchase Agreement shall control and nate deemed tb have r eterged into the terms of this Assigomeer. 5. The refeleuces herei : to liens, .euv'uwbianccs, burdens, defects and. other patters shall not be deexlred-to ratify .or create any rights int third parties or merge with, modify- or Unlit the tights of Assignor or Assignee, as between themselves, as set forth in the Purchase Agreement or other doctmtents.executed in r. onneetiontherowith. 6. Unless provided otherwise, all molding. references in the Exhibits hereto arc to the official real property records of the GrarSeld County, Colorado, Clerk and Recorder. 7. Assignor shall execute, acltuowledge and deliver or cause to be executed,. acknowledged and delivered such instruments and take such other action as may be reasonably necessary or advisable to cauy out the purposes and intents of this assigxmtent. 8. This Assignment binds and.inurea to the belie£rt of Assignor and Assignee and their respective successors.and3sstigns. C-2 - 00 '-- 3- F -- • Z - Z g 00 1 s ✓ 88 Al .015O Q ill gen EXHIBIT "A" EXECUTED on the dates contained in the acknowledgments of this instrument, to be for all purposes as of the Effective Time. ASSIGNOR: ?ETROLEUM DEVELOPMENT CORPORATION Eric: R Stearns, Executive Vice President, Expkration and Development NICEANCE GAS RESQURCES,:LLC Gregory Vigil, Manager AcXNOWLEDGEMENTS STATE 'OF COUNTY OF The foregoing insfnune t was acknowledged before me this day of December, 2004, by Eric R. Steams, as Executive Vice President, Eisploration and Development, of Petraleini Development Ooxxporation, a Nevada corporation. Witness my hand and official seal. My commission expires: Notary Public C-3 EXHIBIT "A" STATE OF COLORADO ) CITY AND COUNTY OF DENVER ) The foregoing instrument was ackaowledged before me this day of December, 2004, by Gregory R. Vigil, as Manager of Piceauee Gas Resources, LLC, a Colorado liroitod liability company. Winless my band and of%ia[ seal. My commission expires: Notary public C-4 EXHIBIT "A" • EXHIBIT "C" -.0°.)-- attached to and made a part of that certain Letter Agreement dated January 17, 2005, by M g and between Petroleum Development Corporation and ChevrmnTexaco Shale Qii 8 Company -rte- W 3 W u. LEASE AAMENDMENT1 • " L. ▪ UO ,O a 6 STATE OF COLORADO aV. i0 co COUNTY OF GARFIELD y@ 0 =roa.o _._€ N WHEREAS, CHEVRON U.S.A. INC., successor in interest to Chevron Shale 011 %.4 Company, hereinafter referred to as "Lessor", whose address is 11111 S. Wilcrest, Houston, Texas 77099, has entered into the Oil and Gas Leases in Garfield County Colorado with Petroleum .11 Development Corporation, whose address is 103 East Main Street, P.O. Box 26, Bridgeport, West ec,c Virginia 26330, hereinafter referred to as "Lessee". described on the attached Exhibit "A", a ° Nd WHEREAS, the undersigned parties hereto desire that said leases described on Exhibit "A" be amended in the manner hereinafter set forth: weir, NOW, THEREFORE, in consideration of the premises and of the bonus and other rental payments hereto fore paid pursuant to said leases and for the additional consideration of Ten Dollars and other good and valuable consideration, receipt of all of which is hereby acknowledged by Lessor, the parties hereby agree to supplement and amend said lease by amending the leases on Exhibit "A" as follows, to -wit: The following language shall be added to the beginning of Article 6. in each lease on Exhibit "A "Lessee agrees that on surface lands owned by Lessor it will not commence any surface activities which are allowed tinder this agreement without first giving Lessor and Lessor's surface lessee thirty (30) days prior written notice of said activities. Additionally, prior to commencing any surface activity (other than surveying) on Lessor's surface lands. Lessee will enter into a written surface damage settlement agreement with Lessor's surface lessee covering the lands to be disturbed and will provide a copy of same to Lessor." In all other respects, said leases are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the date indicated below, LESSOR: LESSEE: CHEVRON U.S.A. INC. By O.P. Baldwin 11 Attorney -in -Fact PETROLEUM DEVELOPMENT CORPORATION By Erie R. Stearns Executive VP Exploration and Development Date Dale EXHIBIT "A" id o u STATE OF TEXAS ) -' 3E — o COUNTY OF HARRIS ) 3 o The foregoing instrument was acknowledged before me this day of w 2005 by O.F. Baldwin II as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires. A u°8 L6 s am Notary Public & -.la' w � 0 2 0 _.61aN mw j- r` N O STATE OF ) g o ) . COUNTY OF aom e4 po V�� The foregoing instrument was acknowledged before me this day of II°Ca`^ 2005 by Eric It Stearns as Executive VP Exploration and Production of Petroleum Development Corporation. My Commission Expires: Notary Public EXHIBIT "A" EXHIBT "A" Exhibit A for this lease amendment is the same spreadsheet that is used as Exhibit A for the letter agreement. EXHIBIT "A" Exhibit "D", attached to and made a part of that certain Letter Agreement dated January 17, 2005, by and between Petroleum Development Corporation and ChevronTexaco Shale Oil Company (Date) Petroleum Development Corporation Attention: Dewey Gerdom 3801 Carson Avenue Evans, CO 80620 Consent to Assign CTSOC to PDC Leases Garfield County, Colorado Gentlemen: Reference is made to those certain Oil and Gas Leases described on Exhibit "A" attached hereto, said leases being made a part hereof by reference for all purposes and being hereinafter referred to as "said Oil and Gas Leases." Reference is further made to that certain Letter dated November 15, 2004, from PDC requesting ChevronTexaco Shale Oil Company's (CTSOC) consent to an assignment from Petroleum Development Corporation (PDC) to Piceance Gas Resources, LLC (PGR), whose address is 730 17th Street, Suite 41.0, Denver, CO 80202, of approximately fifty per cent (50%) of PDC's interest in said Oil and Gas Leases. CTSOC rejects PDC's request for such consent as outlined in its November 15th letter, however, subject to the following terms and conditions, CTSOC hereby consents to the requested assignment: 1. PDC and PGR shall be jointly and severally responsible to CTSOC for all obligations ander said Oil and Gas Leases as to the acreage assigned by PDC to PGR. The transfers of interest shall be made subject to all the terms and conditions of said Oil and Gas Leases and this ageement. 3. No transfers of such interests transferred to PGR shall be made by PGR to third parties without prior written approval of CTSOC. NO V -ms > aaZ m. a a , O 11 It 0 Lm g a ie ry EXHIBIT "A" 4. CTSOC's consent shall not constitute: it a. a novation, nor - o b. a waiver of the rights and remedies available to CTSOC under applicable g law, nor c. a waiver of any provision in said Oil and Gas Leases. 5 D© u© 5. PGR shall furnish CTSOC a copy of any instrument of assignment made pursuant v hereto with the recording data shown thereon. au igu ti CTSOC's consent shall not become effective until a copy of this letter is returned to CTSOC z. signed by PDC, thus indicating PDC's acceptance of the above terms and conditions, and mo.0 signed by PGR, thereby recognizing that any agreement between PDC and PGR shall be min subject to the above terms and conditions. s.,3U *10 Very truly,X814 11irl, o ChevronTexaco Shale Oil Company, ilel@' a division of Chevron U.S.A. Inc. 1,141 By: Its: ACCEPTED AND AGREED this day of , 2005. Petroleum Development Corporation By: Title: ACCEPTED AND AGREED this day of , 2005. Piceance Gas Resources, LLC By: Title: Pa, 111, :.,.nvxw 0 r -.n .vir,,, t 41W.nnv.`t'"KI .. e�.i: ... _...• I .• .-. , ...,. Exhibit "E" Attached to and made a part of that certain Letter Agreement dated January 17, 2005, by and between Petroleum Development Corporation and ChevronTexaco Shale Oil Company EXHIBIT "A" PROPOS�p-drACEEN GUL.GI4 ROAD yr 1Nfrr MAP CONSTRUCTION 6URMTS. NC. ROG SARIN rLVO. &ILT, 6D •Iwt r*-eY6.6111 PAPAW) fat PCTIIQOI01 XWJ.O0H[Mi, (QIP• 104 (0.1 Pak (4..I 0', 0S1.2/07 VD FY: W 10010Uifi.lV-0YO • 0 G 00 9N QLL WOO - 7 0 MAD SIU N • �� 'NNS ��p U CO o k Q ti :a©M Chevron 11101 EXHIBIT "B" Petroleum Development Corporation Attention: Eric R Stearns, Executive Vice President 3801 Carson Avenue Evans, CO 80620 Consent to Assign CSOC Leases PDC to Marathon Garfield County, Colorado Gentlemen: �P 1�3a3� MId-Contlnsnt BusInes* Unit Chevron U.S.A. Inc. 11111 S. Wilcrest, Houston, TX 77099 P.O. Box 36366, Houston, TX 77236 tl 1 0 Reference is made to those certain Oil and Cas Leases described on Exhibit "A" attached hereto, said leases being made a part hereof by reference for all purposes and being hereinafter referred to as "said Oil and Gas Leases." Reference is further made to that certain letter dated June 21, 2006 from (Petroleum Development Corporation (PDC) requesting Chevron Shale Oil Company's (CSOC) consent to an assignment from PDC to Marathon Oil Company (Marathon), whose address is 5555 San Felipe Street, Houston, Texas 77056, of all of PDC's interest in said Oil and Gas Leases. CSOC rejects PDC's request for such consent as outlined in PDC's June 21, 2006 letter. However, subject to both PDC and Marathon's acceptance and agreement to -the terms and conditions which follow, CSOC hereby consents to the requested assignment of the leases and acreage as described on Exhibit "A" hereto: I_ PDC and Marathon shall be jointly and severally responsible to CSOC for all obligations under said Oil and Gas Leases as to the acreage assigned by PDC to Marathon. 2. The transfers of interest shall be made subject to all the terms and conditions of said Oil and Gas Leases and this agreement. 3. Marathon may not transfer any interest in any of the Oil and Gas Leases to any third party without prior written approval of CSOC. Said consent by CSOC may be withheld for any reason or no reason. 4. CSOC's consent as set forth herein does not and shall not constitute: J 1 EXHIBIT "B" July 19, 2004 Page 2 a. A novation, or b. A waiver of the rights and remedies available to CSOC under applicable law, or c. A waiver of any provision in said Oil and Gas Leases. 5. Marathon shall furnish CSOC a copy of any instrument of assignment made pursuant hereto with all recording data shown thereon. 6. On or before December 15, 2007, Marathon shall drill and test the Dakota formation in a well located on the Oil and Gas Leases (Dakota Test Well), or on other leases owned by PDC, with testing methods that have been reviewed and approved by CSOC. If, due to unforeseen circumstances encountered during the drilling of the Dakota Test Well, the Dakota formation is not tested in the Dakota Test Well by December 15, 2007, then Marathon shall drill or deepen a second well on the Oil and Gas Leases (Second Dakota Test Well), and shall test the Dakota formation with testing methods that have been reviewed and approved by CSOC. If the Dakota formation is tested in the Dakota Test Well, Marathon shall not be required to drill the Second Dakota Test Well. The test of the Dakota formation in the Second Dakota Test Well must be completed by February 15, 2008, unless otherwise agreed by CSOC_ In the event the Dakota formation does not appear productive in either the Dakota Test Well or the Second Dakota Test Well, then Marathon shall perform a water injection test using methods approved by CSOC. The drilling, completing, and testing of the Dakota Test Well and Second Dakota Test Well shall be at Marathon's sole cost and expense. 7. If unforeseen circumstances encountered during drilling prevent a successful Dakota formation test by February 15, 2008, in either the Dakota Test Well or the Second Dakota Test Well, then Marathon shall not be required to drill or deepen any additional wells to the Dakota formation. 8. During the drilling of the Dakota Test Well on any portion of the Oil and Gas Leases, or other leases owned by PDC, and at Marathon's sole cost and expense, Marathon shall obtain two (2) sixty (60) foot core from the Mancos Shale for shale gas potential investigation, and shall deliver such cores to the core laboratory of CSOC's choice for analysis, which shall be conducted at Marathon's sole cost and expense. Marathon shall obtain CSOC's approval of the precise section to core, and shall obtain and follow a core protocol and core analysis from CSOC, prior to spudding any well in which coring is required or anticipated. Marathon shall obtain both cores from one well. In the event that the Second Dakota Test Well is drilled, and two (2) sixty (60) foot core intervals are not recovered from the first Dakota Test Well, then Marathon shall obtain two (2) sixty (60) foot cores from the Second Dakota Test Well. The requirement to obtain two sixty foot cores shall encompass Marathons reasonable effort to acquire same and will not require the drilling of a Second Dakota Test Well, or substitute well for the purpose of satisfying this requirement. EXHIBIT "B" July 19, 2004 Page 3 9. Within two (2) weeks of the completion of any well on the Oil and Gas Leases, Marathon or PDC shall deliver to CSOC electronic formats of all information relating to such operations including but not limited to daily drilling reports and logs, well tests, completion data, and pressure tests, cores and samples obtained in connection with such operations. 10. The parties shall execute such documents as are necessary to provide that Item 12 of the leases be modified to reflect that the maximum acreage that can be held by any producing well be limited to the quarter section within which the wellis located, or 160 acres, whichever is greater. Further, a well shall be considered as "capable of producing oil or gas in paying quantities" as used in Item 12 of the base lease for each of the leases outlined on Exhibit A, if the well has been drilled, cased for production and fracture stimulated. Notwithstanding the foregoing, in the event that a Dakota Test Well is completed as a well capable of producing in paying quantities then the acreage held by such Dakota well shall encompass the greater of the spacing unit as per applicable state oil and gas regulations or 160 acres. 11. All surface use by Marathon or PDC on CSOC surface must be approved by CSOC, and Marathon and PDC must comply with any environmental conditions or constraints imposed by CSOC on CSOC surface. 12. CSOC's consent shall not become effective until a copy of this letter is returned to CSOC signed by Marathon and PDC, thus indicating Marathon and PDC's acceptance of the above terms and conditions, and recognizing that the above terms and conditions constitute an. agreement by and between CSOC, Marathon and PDC, and an agreement that Marathon and PDC's leasehold interest is subject to the above terms and conditions. 13. The Parties agree that PDC may assume certain obligations with regard to satisfaction of the terms of the consent as outlined above, as may be agreed upon by PDC and Marathon. Any re -assignment of wellbore rights and interests in said Oil and Gas Leases from MOC to PDC upon PDC's drilling of any well on leases covered by this consent to assign shall not require any additional consent by CSOC. 14. The terms set forth in paragraph 2 of that certain Letter Agreement dated January 17, 2005 by and between Chevron and PDC (the "GGR Agreement"), including subparagraphs (a) through (i) of that paragraph 2, shall extend to Marathon, such that the agreement between Petroleum Development Corporation (PDC) and CSOC, as set forth in such paragraph 2, shall serve as an agreement between CSOC and Marathon. Marathon shall be considered a contributor to the GGR, as set forth in subparagraph 2(d) of the GGR Agreement, and shall bear its proportionate share of the costs to build and maintain the GGR, based on Marathon's anticipated usage of the GGR. Marathon shall enjoy the same rights of usage of the GGR as granted to PDC under paragraph 4(f) of the GGR Agreement. EXHIBIT "B" July 19, 2004 Page 4 Very truly yours, Chevron Shale Oil Company, a division ofChevran U.S.A. Ina. By:� Its: r�rrm - me. /26--- ACCEPTED am ACCEPTED and AGREED this W' day of Rotolo nn Development Cm -pored By: Its: gx Gor rv6 V t!c ie ee-e5 &';-_ ACCEPTED and AGREED this `y_ dsy of 5 v Ly , 2006. 2006. Marathon Oil Company By: Its: EXHIBIT "A" ;CHEVRON r' T� 3F. t 4 E ' - _` r 4e,.. �- s _. �F ` . r Y. t �'I{ . 'r � `} ' �.t.- , °f • a '� M ;} M}Y ]�4 -.):'''4"-: ,4-1:-.-r n 'k _ J 9 1� -ytl- 5 - ^!f.'i,, 'vM-^ � .x s �!4_ j 3 '11 . xA' >;.5. rns .l i, i ..� f .a . • 1d� r �9 a - �.. 9$ .la r.:±a , , `"" ,7f "P ti �`£4•. ���. ,� J 3 ° , ' ; f ct �'r..+i�i �„ r fi i ax rk. ..4'",% L� ^, xx:° S '17; 7, 4-7' x ",-;1( _ �., _� _ o' e F �•h.� ,- F sem' - 1 _ ~2 -- rt .. "ei F��-f ✓-_ ��` r .S i, ..,I. -,N.;;',.01 J S.if ', _.7-- Jr' � . 150498 Chevron U.S.A. Petroleum 1312 166 59 765 7/31/2001 6S 96W 5 W2NE14 ada Lots(33.79). 7 100.00% 81.25% ' / Inc. Development (42.70), 10 (43.13) 660800 Corporation 155563 Chevron U.S.A. Petroleum 1380 278 609482 8/26/2001 6S 97W 22 NE/4 except wellbore of the CSOC 100.00% 81.25% 1 Inc. Development 697-22 #1 686700 Corporation 155564 Chevron U.S.A. Petroleum 1380 273 609481 10124/2001 5S 97W 14 SW14 except wellbore of the CSOC 100.00% 8125% / Inc. Development 697-14 #11 686800 Corporation 158349 Chevron U.S.A. Petroleum 1447 573 623086 11/15/2002 6S 96W 5 Eaton Basic Agmt. No. 9 Fee. 6S, 100.00% 81.25% 1 Inc. Development 96W 691300 Corporation G.J.N. #1 Sec. 5: Lots 14 (42.00) and 21 (30.98) G.J.N. 402 Sec. 5: Lots 19 (41.61) and 23 (30.67) 6S 96W 6 RL. Eaton Agmt. No. 3 Fee, 6S, 96W Placer Mining Claim Sec. 6: L1 and 2Unocal Trade Fee. 6S, 96W Consolidated No. 5 Claim Sec. 6: S/2SW/4 Consolidated No. 6 Claim Sec. 6: N/2SW/4 Consolidated No. 7 Claim Sec. 6: Lots 15 (40.00) and 16 (43,91) Consolidated No. 8 Claim Sec. 6: Lots 9 (43.92) and 10 (40.00) Consolidated No. 9 Claim Sec. 6: Lots 7 (40.00) and 8 (43.93) A-1 1111 lit lr1i'fll4 111411 ill Reeeptiontr. 7132463 011301200$ 04:26:35 PM Jean Alberiaa 40 of 45 Poo Fee:$226.0e Doc Fee:0.DO 6ARFXELO COUNTY CO ,g„ IIGI.XJ CHEVRON:. vim:=T 158350 / 691400 Chevron U.S.A. Inc. EXHIBIT "A" 1 :•� L✓ .t s c' -,.., •._ ,14,-',,� M �.Fr. 3.:'.%:'' P e,te.i..- �Ciiiy +�VFu 1 ../� , c1 s v 7 , 9 7i. 1 � �_-c N rC�I.-.i _w. w.- � -x.•F Y hi _ -.rJS I C � . c - t . --w +- 3te' , r 'dmay*-}. _ *f: 1, r !:',....1 , .-t 4 F7. a�4,- 6S 96W 18 Ealort Basic Agmt. N0.10 811 Fee, 6S, 96W Midland #2 Sec. 18: Lots 1 (36.43), 2 (34.02) and W/2NE/4 Midland #4 Sec. 18: SW/4 7S 96W 5 D.D. Potter No. 12 Fee, 7S, 96W Grand View No. 4 Placer Mining Claim, Sec. 5: SW/4 Grand View No. 7 Placer Mining Claim, Sec_ 5: Lots 3 (35.66), 4 (35.41) and S/2NW/4 Grand View No. 8 Placer Mining daim, Sec. 5: Lots 1 (32.62). 2 (35.84), 5 (36.34) and SW/4NE/4 Petroleum 1447 579 623087 11/15/2002 5S 96W 19 Eaton Basic Agreement No. 182 Fee. 100.00% 81.25% )evelopment 5S, 96W Corporation French #12 Sec. 19: NEI4NEI4 Eaton Basic Agent. No. 5&6 Fee. 55, 96W French No. 9810 Sec_ 19: Lots 3 (50.91) and 4 (50.71) French No. 11 Sec. 19: S/2NE/4 5S 96W 20 Eaton Basic Agreement No. 18.2 Fee. 55, 96W Federal #26 Sec. 20: NE/4 - Eaton Basic Amt. No. 586 Fee, 5S, 96W French No. 26&27 Sec. 20: SW/4 55 96W 29 R.L. Eaton Agmt. No. 1 Fee, 5S, 96W Federal No. 29 Placer Mining Claim Sec. 29: S/2NE/4 Eaton Basic Agreement No. 182 Fee, 5S. 96W N/2 of Federal #29 Sec. 29: NI2NE/4 - - _ _ _ Eaton Basic Agmt. No. 586 Fee, 55, 96W French No. 28&29 Sec. 29: SW/4 A-2 111I Pi VDF'SIMI161:INYALICRAiI], I1Qr 1111 III Reception#• 762463 01130!2009 04:26:35 PM Jean Alberico 41 of 45 Rec FeeS226.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" .. IiEVKON - 0 . s ' We1 . ..1 '.L ' ° r,q"6. s ..:1: .' 4� Yy p1;L.;.,.'.,57:,Ly +\Y � s d C3.i 7 F 11 k .n; df - r�''71 �` F g -.• ,L rj y �, 1t{ )4 F f .00 : 5S 96W 30 Eaton Basic Agmt No. 5&6 Fee, 5S, 96W French No: 586 Sec. 30: Lots 3 (50.20) and 4 (50.02) French No. 7&8 Sec. 30: NE/4 5S 96W 31 Eaton Basic Agmt. No. 5&6 Fee, 5S. 96W French No. 1&2 Sec. 31: Lots 3 (50.23) and 4 (50.34) French No. 38,4 Sec. 31: NE/4 5S 96W 32 Eaton Basic Agmt No. 5&6 Fee, 5S, 96W French No. 30&31 Sec. 32: NE/4 R.L. Eaton Agmt. No. 1 Fee, 5S, 96W The Virginia No. 1 Placer Mining Claim Sec. 32: S/2SW/4 The Virginia No. 2 Placer Mining Claim Sec. 32: N/2SW/4 5S 96W 33 R.L. Eaton Agmt. No. 1 Fee, 5S, 96W The Virginia No. 3 Placer Mining Claim Sec. 33: S/2SW14 The Virginia No. 4 Placer Mining Claim Sec. 33: N/2SW14 The Virginia No_ 5 Placer Mining Claim Sec. 33: S/2NE/4 55 96W 34 Unocal Trade Fee. 5S, 96W Consolidated No. 12 Placer Mining Claim Sec. 34: S/2SEI4 Consolidated No. 13 Placer Mining Claim Sec. 34: N/2SE/4 5S 96W 35 Unocal Trade Fee, 5S, 96W Bituminite No. 15 Placer Mining Claim Sec. 35: NE/45E14 Part of Bituminite No. 16 Placer Mining Claim Sec. 35: NWI4SEJ4 C.H. Dragert Fee, 5S, 96W J.B. No. 4 Placer Claim Sec. 35: S/2SE14 A-3 to tintiorzioaRIMil 111111 Reception#: 762463 / 42of 450Rec4Fee:S226.©0,Don Fee:0100 GARFIELD COUNTY CO ,Ef„ 11EI HXY EXHIBIT "A" e. CHEVRON d.' L ;• iii . �r-, .' J ...:5., � +},}.t., .k,yx, yi +lr +na -,- - �'. _ -,-,,-. �sx� F ? y -tl r r , - rep .:":41 _. �' , c F !� _ - - - -F - m L Ld. WF F x 1 'i.{3 1 1; : i '. -. i'-aT�..th� f x. 158351 Chevron U.S.A. Petroleum 1447 585 623088 11/15/2002 6S 97W 1 Eaton Basic Agmt No. 7 Fee, 6S, 100.00% 81.25% / Inc. Development S7W 691500 Corporation Gem No. 2 Placer Claim Sec. 1: SW/4 Gem No. 8 Placer Claim Sec. 1: Lots 11 (40:00), - 12 (40.00). 13 (40.00). 14 (40.00) Gem No. 9 Placer Claim Sec. 1: Lots 23 (40.00) and 24 (40.00) 65 97W 2 Eaton Basic AgmL No. 7 Fee, 65, 97W Gem No. 4 Placer Claim Sec. 2: SW/4 Gem No. 6 Placer Claim Sec. 2: Lots 11 (40.00), 12 (40.00), 13 (40.00), 14 (40.00) Gem No. 10 Placer Claim Sec. 2: Lots 23 (40.00) and 24 (40.00) 65 97W 11 Eaton Basic Agmt. No. 8 Fee, 65. 97W Pratt No. 12 Placer Mining Claim Sec. 11: NE/4 Eaton Basic Agmt No. 8 Fee, 6S, 97W Pratt Na. 8 Claim Sec. 11: SW/4 65 97W 12 . Eaton Basic Agmt No. 9 Fee, 65, 97W Community #2 Sec. 12: W!'2NE/4 Eaton Basic Agmt. No. 7 Fee, 68, 97W Community No. 1 Placer Claim Sec. 12: E 2NE14 6S 97W 13 Eaton Basic Agmt. No.10&11 Fee, 68, 97W . Midland #8 Sec. 13: SW/4 65 97W 21 C.H. Darrow Fee. 6S, 97W Eureka Placer Mining Claim No. 21-3 Sec. 21: SW/4 Placer Mining Claim No. 6 Sec. 21: NE/4 1Oklahoma 6S 97W 22 C.H. Darrow Fee, 6S. 97W Eureka Placer Mining Claim No. 22-3 Sec. 22: SW/4 _ A-4 ■111 In vel m0 .' 1141716% IritithElOWN,Ill.i Ill 111 Reception#: 762483 01!30/2009 04:26:35 PM Jean Rlberico 43 or 45 Rec Fee:5226.00 Doc Fee:0.00 GARFIELD COUNTY CO «8'» lISIHXg EXHIBIT "A" .s - 6S 97W 28 6S 97W 33 A-5 C.H. Darrow Fee, 6S, 97W Naomi Placer Mining Claim No. 3 Sec. 28: NE/4 D.Q. Potter #7 Fee, 6S, 97W Denver No. 112 Placer Mining Claim Sec. 28: SW/4 D.D. Potter #11 Fee, 6S, 97W Sec. 33: Lots 1 (54.94) and 2 (54.92) ■ISI���I4��'[QQ��IhI��Qh�4''�'`��� �i III Receptian#' 762463 01!3012009 04;26:35 PM .l.an Alberioa 44 of 45 Pec Fee:5226.00 Doc Fee:O-00 GARFIELD COUNTY CD «ff» ,LISIHX2 EXHIBIT "C" C _� #if 11 11J11 d R ; x�� a- : �. i141,11161 ri s ,115 ___'N l f gig VI 0 ti QL95 ---"---._-.,,-- \ . \ \\ COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0902057 20" EXT 1. Effective Date: January 30, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 80.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Puckett Land Company, a Colorado Corporation 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A Portion of the Following Described Parcel to be determined by Survey: Township 6 South, Range 97 West of the 6th P.M.: Section 23: NE1/4 (Denver No. 117 Placer Mining Claim) NW1/4 (Denver No. 118 Placer Mining Claim) SE1/4 (Denver No. 119 Placer Mining Claim) SWI/4 (Denver No. 120 Placer Mining Claim) Section 24: NW1/4 (Denver No. 122 Placer Mining Claim) TITLE CHARGES Informational Commitment and Research Charge 8700.00 COUNTERSIGNED: C Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 • File No. 0902057 20" EXT SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an Informational Only Commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 0902057 20" EXT SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by Iaw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Reservations, conditions and stipulations contained in United States Patent as follows; -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on (See individual patents). -That should any vein or lode of quart or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last named date, the same is expressly excepted and excluded from these presents as described in the following patent: Date of recording Book Page June 13, 1930 160 452 10. Reservation of a right of way for ditches and canals as constructed by the authority of the United States as contained in the following patent: Date of recording Book Page June 13, 1930 160 452 11. Terms and conditions of Oil and Gas Lease by and between Atlantic Richfield Company, as Lessor and Barrett Energy Company, as Lessee, recorded August 16, 1983 in Book 633 at Page 40 (AFFECTS ALL PARCELS) and any and alI interests therein or assignments thereof. 12. Terms and conditions of Oil and Gas Lease by and between Puckett Land Co., as Lessor and Petroleum Development Corporation, as Lessee, recorded December 10, 1999 in Book 1164 at Page 400 (AFFECTS ALL PARCELS) and any and all interests therein or assignments thereof 13. Easements and rights of way for all ditches, canals, springs and pipelines. 14. Terms, conditions, assignments and all matters set forth in Assignment of Production recorded September 23, 2003 in Book 1521 at Page 953, and any and all interests therein or assignments thereof 15. Financing Statement from Puckett Land Company, a Colorado Corporation, debtor, in favor of The Prudential Insurance Company of America, secured party, recorded September 23, 2003 in Book 1521 at Page 957. {Continued) NOTE: EXCEPTION(S)M. WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 0902057 20" EXT SCHEDULE B - SECTION 2 (Continued) 16, Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded November 10, 2005 in Book 1744 at Page 701 and any easement or right of way described therein, 17. Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded July 28, 2006 in Book 1825 at Page 487 and any easement or right of way described therein, 18. Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded December 1, 2006 in Book 1869 at Page 102 and any easement or right of way described therein. 19. Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded June 25, 2007 in Book 1941 at Page 148 and any easement or right of way described therein, as amended in Amended Easement and Right of Way Agreement evidenced by Memorandum recorded October 17, 2008 at Reception No. 757385 and any easement or right of way described therein. 20. Nonexclusive easements and rights of way granted to Bargatb, Inc. as described in Compressor Plant/Site Lease Agreement recorded July 11, 2007 in Book 1948 at Page 924. 21. Terms, conditions and all matters set forth in Location Fee and ORRI Agreement, including the assignment of an overriding royalty interest as more fully described in Affidavit and attached Agreement recorded January 14, 2008 at Reception No. 741079, and any and all interests therein or assignments thereof. 22, Easement and Right of Way granted to Marathon Oil Co. (the exact location of which is not defined) in instrument recorded February 27, 2008 at Reception No. 743636. 23. Easement and Right of Way granted to Marathon Oil Co. (the exact location of which is not defined) in instrument recorded April 9, 2008 at Reception No. 746240. 24. Apparent lack of a right of access to an from the subject parcel, except as may be provided by ownership of contiguous parcels and Access License Agreement recorded March 26, 2001 in Book 1239 at Page 675. 25. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-83 recorded July 8, 2008 at Reception No, 751859. 26. Terms and conditions set forth in Special Use Permit recorded February 21, 2008 at Reception No. 743338. 11691 t -s 452 hereby expressly weieedeand alt rcntc, issues and profits, !nooze, an& revenue theeefrcm . shall v`a applied by soh Receiver to the paynsnt of the indebtedness hereby ocourcd, necord- ini; to lam and the orders and direction of the court. AND, That in ease of default in any of said payments o: principal or interest, according to the tenor Tend effeot of nate pmnisso>;y notes eforosald, or any of then, or any part thereof, or of c breach of violation of any of the covenants or permeate herein, by the partica of the drat pert, their executors. cdninistrators or assicns, then end in that case the whole or said princtael see hereby secured and the Interest thereon to the time of sale, may at once, et the option of the legal holder teercof, beeeme cue and neeeble and the said property be sold in the canner ane with the sane effect es if the said indebt- edness had natured, ca3 t:T.t if ivreoioeur= Le ear. :;; the Dettlie Treetee, an nt+eeeey'n feo or the sem of dollars for seeviees int e seperv""ee of said eercolosero proceedings shell bo nliorred by the =ublio t=rustee asa part of the cos,; of foreclo.cure an4 If foreelosoro be made through the courts a reasonable nttorney's fee shall be tneea by the court as a pn.t of tho costs of such foreclosure prooeedinge:. IN RITERSS Ln21EOF, The said parties of the firat pert have hereunto set their ir_nds and seals the day and year first above written. v;e rle01 STATE 0b• c0LOrlS2O ) SS COUnien: OF I:ESA } Thomas Oyhercabal (Seel) Bruno 0•..hercebal (Sen( I, Ethel Hedley, a worn- Dubiio in and for sr14 County of lease. in the State aforesaid, do hereby, certify that 'hcrac 0yharcabr? era Bruno Oyhcrcabei rho are personally kn.= tome to be the persons chose nines are subscribed to the foregoing Deec of Trust, cppeared before me this day in person and aoenaeledged thrt they signed, sealed end delivered the slid instrument of writing as their tree end voluntary tot end deed for the uses and purposes therein speeified. Given under my hand and Notarial seal this 13th deer oflioveaber, A. D. 1920. f cenission expires Jenu_:ry 31, 1931. :�I.i9l�l SEAL Ethel Headley i oar}• rublic _IL3D cul. e -:.''DTD :7fsi 13. 1933 at 5.14 o'_Lim ... ... iL.-._it J. F303? 30.117i, leeS. 5. i:a'Geee, - Co. 107r7L Denver 035313 THE UNITED STATED OF )!'-ERICA TO ILL TO OBOE: MBE PRESETS SIttLL COrn i:it e2ITG: -ranSis,' Ii pursuance of tho provisions of the Revised Stetutes of the 'United Stntes, Chapter Sig, Title `hirty-tyro and legislseinn supplemental tiereto, there hes been deposit in the Ge_nercl Lend•Offioe of the United Mates, the Certificate of the Register of tee Land office at Glenwood Springs, Colorado, accompanied by other cvidenoe whereby it appear that The Denver 011 Shale t'capany did, on June 20, 19e5, duly enter end pey,for :het certain mining claim or premises, known as the Denver No. 10 Placer Lining algia, Denver Ho. 101 Pinner Yining 'Llnin, Deaver no. l02 Placer linin„ Main, Denver no. 117 Placer 1:lnine Claim, DenverIfs. 110 ?lacer ;?rale& Clain, uenvtr No. •119 r'1ue_1 Killing Claim, Denver No. 120 ?Decor Dining Clsia, uenver Ifo. 122 Placer Inning Olein and Denver Do. 124 PLeoer liming L1aim oil thele placer Wining claims, situate in the let. Loan Mining District, l'rr•field County, Colorado, described as follows: The Denver No. 98 Placer Mining "lei= comprising the northwest quarter of section twenty-five in Township six • south of Renge,nlnety-seven rest of the Sixth Principal 1-eridinn; the Denver no. 101 Placsr lining eleim ennprlsing the northeest,auuertor of Section twenty -nix, said tornehip end range; the Oeever No. 102 Plater Lining "Lein comprising the northrest quarter of said Section twenty-six; the Denver Ifo. 117 Placer r -wining Claim conprisine the northeast Quarter ,of section twenty-three said 'Township reed ii;nge; The Denver No. 118 Pincer Lining "Lain aomprisine the northrest Quarter of Said Scotian twenty-three; the Denver No. 119 Placer fining' leih cocprising tho southeast quarter of said Section twenty-three; The Denver Ho. 120 ?lacer I-intnl G1eiu oomprisine the southwest a.unrter of said Section Twenty-three; the Denver Ifo. 122 Placer Ilinino O1ain comprising the northreet quertor of Section twenty-four, said 'Township and 1(enee; end the Denver F'o. 124 Placer I:inirg Clain cemprisine the. Sout! cot `-.tarter of said Scotion twenty -:our; the. premises herein ranted containing ens thousand four }andred forty cores. Denver 035313 ROW 27;O.i YE. That there• io ti=rsfore, pursiornt to the ler= aforesaid, hereby granted by tt United States unto the said ih^_ Denver Oil ,3Lle Cenpary. the eaid placer nlnir>E premises hereinbefore described: TO HAYS' 1N TO HOLD raid niiin; premises, together with ell the rights, privileges, immun- ities, and appurtenenses of whatsoever nature thcresnto belonging, unto the said Grantee above named end to its successors and aesigns forever; subjoot nevertheless to the follosir., conditions and atipalr.tionu: FIRST. Tinct the Trent hereby mete is restricted in its exterior limits to the boundaries of the said mining premises, ted to any veins or lodes or quartz or other rock In place bearing gold, silver, cinnabar, lead. tin copper or ot'r.er valuable deposits, t..hieh pay neve been diseoverod ...,,nir. eell 11•site _ubseeeent to pend which rera not known to oxist an llovembor 17, 1924. 453 SECOND. That aboard L.ny vain or lode of cuartz or other rook in piece bearing gold, silver, cinnabar, teed, tin, cooper, or other valuable deposits, be elai.ed or knom to exist within the above-described premises at said last-named date, the mama is c c..c:.ptcd and excluded from those presents. 11111D, That the promises hereby conveyed shall be held subject to any -vested and accrued rater rights, for pining, r.rieultursi menufacturlag, or other purposes, and rights to ditches and reservoirs used in connection with such rater rights re may be recc,-nizcd and ack- nowledged b; the local legs, customs end deeislons of the courts. And there 12 reserved from the lends hereby grrnted a right of ray th:rson for ditches or cnnnls constrr-tad by the authority o2 the initcd "totes. ✓ 0:r1H, That in the absence of neoessarf .egisintion by Oont:ress, .the Legisiui.ure vi '-ulc.onda nay provide ruins for rorktnu the mining claim or promises hereby .';rented. invelvi:.i; ease- ments, drainage end °titer recessr±r;: means to tae complete development thereof. iESI'I!TONY TW i^ii1-0y, 1, E7,t1333Is HOOVER, President of the United states of 'merles, have caused these letters to be made Patent, anC the °cal of the Uenerol Taal Office to be hereunto affixed. GIi:2I under ray land, at the City of }iashington, the treaty -fourth day of May, in the year of our Lord one thousand nine hundred cad n• thirty e' of the Independence of the United btates the one hundred and fifty-fourth. By the President: Herbert Hoover By 'liola S. Pugh, Secretary },eltov Recorder of the er.eral -crd Office Secorded: Prteat Humber 1037668 • O:t :,.. D Or; 13, 1930 rt 2.55 o'CL03.. _ . '.:. .;.::T.: J. -3052, It?CD,':DEii, ^.!i_`.a. S. ..n'=C . L� ::rt re. 107292 2 P.R.1 DIS, ?HIS DEED. }lade this llth day of Altai in the year of our Lord one thousr.:.d nine hundred and thirty, between 'r, D henver Oil shale L'crzpa.^.y, u Colorado corporation, party of the first cert and he :edorni �haie Oil Ccnpany, a Co.orr.do corpoirtion, party of the second part; :;I^,1:..OS; ;: That the s ld party of the first pr t, for end in consideration or the Seri of 2no Dollars 03.0.00) and other valuable consideration. to the said party of the first pert in hand paid b;• the said party of the second pert, the reocipt r. hereof is hereby confessed and ac)To-:ledged, has granted, bcrgelred, sol, arsi conveyed, end by these presents does grant bargain, sell, cony:;; end confirm unto the amid party of the secorh part, its successors end assigns forever, all the follorirg described mining claims or premises situate, lying rad being in tip^ ¢n„nt.F ni Gnr;in16 And State of Colorado, to -pit: +'he Denver llo. 90 ?lacer }lining `:him, comprising the portly:est .-carter (lam;) of Section ?h:eaty-five (25) in ao:nsh1p °ix oautr of •=e;e ninety-seven best of the Sixth =rLncipel iidien; 7.hs Denver N.G. 117 Placer Kinin. treaty -three (23) said ketoiship The Denver l:o. 118 .'lacer =lin sr:enty-three (::3) =Cid ieznn ship •%leim, comprising the Eartheest wjarter (nr, ) of. Section end :tango; Claim. .� (lr.•k z c Claim, epiwriSi,h:; the 'ort:ea,. =asrtvr ..y) c. ,.roan and • ne; l'ho Denver :To. 122 Placer -lining; Clain. comprising the ='agog -est quarter (IM-.}) of Section Ttenty-_'cur (24). said sc^5ship end Padre; and ?he Denver No. 124 Placer }lining "Iain. comnria rg the douthv:est �unrter (S:•i) of :section irenty-four (24) arid 'e reship end 3_nge; Si„d piss, containing eight hundred (800) nares. I0a3i.:23 pith ail and stnul .r_the her_ditmanto end appurtenances thereunto belonging, or in any arise appert:'_air-,, end the reversionnnd reversions, re -cinder and .roacinders, rents is,•:.es r^_ profits t`.:.reof; nr.%. cll. the estate, ri"ht title, interest cl_iT-^demand whetseever, of said party o_^ the first pert, eit7.er in Lei or equity, of, in and to :ho above bcr,.:nined ermines, with the hsrdlite-:00.ts, and a.p•-rstenanaes. 20 ii:'l3 1.7. 10 ::OLD the said pr is -s aeove ba:wair_ed and described, r.•ith the appurtenances unto the CO774J;;Y, tho said party of time secend, port, its successors end aapi_ns forever; subjeat, nevertheless, to the foLlorTing conditions and stipulations; .Ir SL. l'hot the gr:nt hereby nude is restricted in its exterior limits to t::e bo•.nderios o£ the said mining pre_rises, and to any veins ar lodes of quarts or other' _ecu In place bearind told, silver, cinnabar, lead, ti.. co?por, or other vrlu<.-bio deposits, which tn.' have been discovered r.ith said limits subsequent to and Which Were. not ';nova to exist on Sov.mbor, 17th, 1924. That should any vein or lode of =uRrtz az' oth:r rock in pl-co hearing gold, silver, c▪ innabar,. Iced. tin. copper, or other valuable deposits. ba cleinec o' 'moan to exist +'ithin the above -ar=^ribed premises et said lent -•named data, the emu is expressly excepted nr-d excluded f ria t: =so presents. :FLIRT). That the pre:mists ha ^by eon , ed shall be held subject to any rnntrd rad rnnrned 1 111111 11111 111111 111111 1111 11111 111111 111 1111111111111 578061 03/25/2001 02:21P 81230 P675 M ALSDORF 1 or 7 R 35.00 D 0.00 GARFIELD COUNTY CO ACCESS LICENSE AGREEMENT This Access License Agreement ("Agreement`) is made as of '717..f ,F/ 11 by and between Union Oil Company of California, a California corporationLicensor") and Puckett Land Company, a Colorado Corporation ("Licensee"). RECITALS A. Licensor is the owner of certain real property in an unincorporated portion of the County of Garfield, State of Colorado, further described as follows: Portions of Section 4, T 75, R 96W of the 6th P.M. and Portions of Sections 29, 32 and 33, T 6S, R 96W of the 61h P,M., Garfield County, Colorado and depicted on the map attached hereto as Exhibit "A" and hereby incorporated herein (collectively, the "Property"). B. Licensee purchased from Licensor certain grazing preferences granted by the United States Bureau of Land Management known as "Starkey Gulch #08917" and "Riley Gulch #08920." C. Licensee owns certain lands as depicted on Exhibit A (Puckett Lands"). D. Licensee desires a license from Licensor to perform the following activities: All activities reasonably necessary by Licensee in order to access Starkey Gulch #08917 and Riley Gulch #08920 for the purposes of transporting and caring for livestock, and maintaining and inspecting the allotments, and continued unrestricted access for any purpose on the roadways depicted on Exhibit A to Puckett Lands as shown on Exhibit A (the "Activities"), except, however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees 10 work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. E. Licensor agrees to permit Licensee to enter a portion of the Property to perform the Activities upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the promises and mutual covenants, agreements and conditions hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The License. Licensor hereby agrees to permit Licensee and its agents, employees and contractors (collectively, the "Licensed Group") to enter onto those portions of the Property designated on Exhibit "A" as the licensed areas (collectively, the "Licensed Property") and to perform the Activities upon the terms and conditions contained within this License. 2. The Term. The term of this License shall be the date first written above, and shall continue until Licensee or its successors or permitted assigns are no longer conducting Activities at the Ucensed Property, at which time this License shall terminate. For purposes of this Agreement, Ucensee will be deemed no Longer to be conducting Activities If Licensee or its successors or _1— 7//e Rdelta flies cede I 020 ,544,1) s. QreerlWooc} 111/R9e,00 SJ/// 1 111111 11111 111111 111111 11111111111111111111111 1111 111 578061 03/26/2001 02121P 61239 P676 M RLSDORF 2 of 7 R 35.00 D 0.00 ORRFIELD COUNTY CO pemaitted assigns cease performing such activities at the Licensed Property for a period of more than twelve (12) consecutive months. Upon termination, Licensee shall remove all of its personal property from the Property. 3. Conditions of License. Licensee agrees that the following terms shall be the conditions of the granting of this License; 3.1. Licensee shall use the Licensed Property only for activities reasonably necessary by Licensee In order to access Starkey Gulch #08917 and Riley Gulch #08920 for the purposes of transporting and caring for livestock, and maintaining and inspecting the allotment, and for the unrestricted access to Puckett Lands on prescribed roadways for any purpose, except however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. There shall be no hunting or other recreational activities upon any portion of the Licensed Property. 3.2 Licensee and the Licensed Group shall not unreasonably disrupt Licensor's business operations upon the Property, if any. 3.3. Licensee shall only use the portions of the Property designated as the Licensed Property to access Starkey Gulch #08917 and Riley Gulch #08920, respectively, and for access to Puckett Lands on prescribed roadways for any purpose, except, however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. Licensee shall be responsible for damage caused to roads and the Property, including but not limited to the Licensed Property, as a result of the Activities on the Licensed Property. 3,4 Licensee shall not permit any vehicles upon the Property other than the Licensed Property, and then only if such vehicles comply with the insurance requirements referenced in paragraph 7. and are covered as additionally insured on Licensee's Automobile Liability policy. 4. The Work. Licensee and the Licensed Group shall conduct alt Activities upon the Licensed Property In a good and workmanlike manner, and shall comply with all laws, statutes, rules, orders and ordinances relating thereto, including the obtaining of all necessary permits. S. Expenses. Licensee shall promptly pay for all labor, equipment, material and supervision utilized in the conduct of its activities on the Licensed Property, and shall keep the Property free and clear of all liens imposed by reason of the activities of Licensee and the Licensed Group on the Licensed Property, and shall provide Licensor with copies of any lien releases. 6. Indemnification. Licensee agrees to release, protect, indemnify and hold Licensor, its parent, its subsidiary and/or affiliate companies, and the respective employees, -2— 1111111111111111111111111111111111111111111111111111111 578051 03/26/2001 02:21P B1239 P677 Ii ALSDORF 3 of 7 R 35.00 0 0.00 BARFIELD COUNTY CO 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 Licensor or others, illness or death (herein after "Claims") arising out of Licensee's performance hereunder, whether Licensor is negligent, actively, passively, or not at all, or Licensor is alleged or proved 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 Licensor, its employers, agents or third -party contractors, in which event Licensor or the third -party contractor shall be liable, as applicable. The Insurance requirements herein shall not be construed to limit this indemnity. Licensee shall be solely responsible for the defense of any and all Claims hereunder including but not limited to Claims by any employee of Licensee or any employee of Licensee's subcontractor alleging the willful misconduct or sole active negligence of Licensor. It shall be effective to the maximum extent permitted by applicable law. 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. 7. Licensee agrees to obtain and maintain Insurance acceptable to Licensor which is primary to any other insurance or self-insurance and which names Licensor as additional Insured with respect to liability arising out of Licensee'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: (a) Commercial General Liability Insurance Form or the equivalent with the Amendment Aggregate Limits of Insurance Endorsement CG25031185 covering Licensee's Contingent Liability, Premises Operations, Completed Operations and Products Liability, Contractual Liability, 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. (b) 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 $1,000,000 each occurrence for Bodily Injury and Property Damage. (c) 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. Licensor reserves the right to reasonably change its minimum insurance requirements. Before commencement of this License, Licensee shall furnish Licensor with Policies or Certificates of Insurance acceptable to Licensor, with additional insured endorsements, confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Licensor. Subrogation against Licensor shall be waived as respects all of the insurance policies set forth above (including but not -3-. 1111111011311111 111111 1111 11111 111111 111 111111311111 4Tef67 R061 033/2600/20091 COUNTY CO1P 81239 P678 II sooRF 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 and Employer's Liability insurance. The insurance required hereunder in no way limits or restricts Licensee's obligations under the "Indemnification" provisions of Section 6. Further such Insurance shall be in no way limited by any limitation expressed paragraph 6 above, nor any limitation placed on the indemnity given as a matter of law. No deductible or self-insurance is permitted without approval of Licensor. 8. Events of Default Should Licensee fail to observe or perform any of its covenants, agreements, or obligations under this License, Licensor shall provide Licensee with written notice of default and thirty (30) days in which to cure the events of default provided that in any circumstance where the Event of Default cannot be cured within the 30 -day period and Licensee commences to cure such default within thirty (30) days and thereafter diligently pursues the cure of such default to completion, Licensee shall not be in default hereunder if Licensee completes the cure within ninety (90) days. In the event Licensee fails to cure any default In accordance with the provisions of this Paragraph, then in addition to any other remedies Licensor may have, Licensor may terminate this License upon twenty-four (24) hours' written notice to Licensee. 9. Notices. Any notice, demand or communication under or in connection with this Agreement shall be in writing and shall be given at the address specified below or at such other address any such party specifies in writing. Such notice shall be deemed given upon personal delivery or three (3) days after it is sent by prepaid certified mail. LICENSEE: Puckett Land Company 5460 S. Quebec Street, #250 Greenwood Village, CO 80111-1917 Attention: Jeffrey V. Puckett LICENSOR: Union Oil Company of Califomia Asset Management Group 376 South Valencia Avenue Brea, California 92823 Attention: Mary Parish with a copy to: Union Oil Company of California 10735 County Road 215 P.O. Box 907 Parachute, CO 81635 Attention: Property Manager 10. Integration. This Agreement, together with Exhibit "A", constitutes the entire Agreement between Licensor and Licensee pertaining to the subject matter of this Agreement and supersedes and replaces all prior and contemporaneous agreements, representations and understandings of the parties relating thereto. -4— 1 111111 11111 111111 X111111111111111111111111111111111111 578061 03/26/2901 02:21P B1239 P679 M ALSDORF 5 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO 11. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 12. Assignment. Unocal agrees that Puckett Land Company's successors and assigns if any, will also have unrestricted access through the Licensed Property to Puckett Land Company property for agricultural and hunting purposes provided there is no hunting allowed on Unocal property. Any other use by Puckett Land Company's successors and assigns requires Unocal's written consent, which consent wilt not be unreasonably withheld. It is also agreed that Puckett Land Company's successors and assigns shall have unrestricted access to United States Bureau Of Land Management grazing preferences known as 'Starkey Gulch #08917" and "Riley Gulch #08920° for the purposes of transporting and caring for livestock, and maintaining and inspecting allotments. 13. Attomevs' Fees. If any legal action or proceeding is brought for the enforcement or for a declaration of rights and duties under this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover actual attorneys' fees and other costs incurred In that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 14. No Partnership. This Agreement shall not be construed as creating a partnership between the parties nor to create any other form of legal association, which would impose liability upon one party for the act or failure to act of another party. WHEREFORE, this Agreement is entered into by and between the parties on the date first set forth above. UCENSEE Puckett Land Company Jef:rey 1!.16ucla�� Its: Pre ;et4-n"' -5— LICENSOR AnionOi� pany of CaGfo. is Riche • L.:rammer Its: Asset Manager, Parachute Authorized to sign - per M. Parish authority memo dated 2110/00 and). Dean e-mail dated 2/14/00 1111111111111111111111111111111111111111111111111111111 578061 03/26/2001 02121P 81239 P660 P1 ALSDORF 6 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO A edgment page for that Access License Agreement dated the day of A!/� , 2000. STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) The fore oing instrument was acknowledged before me this 3/5, day of '.► �'= ��• ' 1%k old L. Orar►L ntie,r for and on behalf of UNION OIL COMP 3 1` .� -NIA, dba UNOCAL,.a California corporation. G OP C04° MY CommlesIon Evires Oatetioo3 My commission expires: Notary Public STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) The foregoing instrument was aOcnowledged before me this 3/s¢- day of , 2000, by .TP-C-frv,A V. fucks -t1 for and on behalf of PUCKETT LAND Y. Wes mss: 6.1 Notary Public 9/i6,/,)3 ARM 111311 1111111 1 1111111111111 578061 03/26/2001 02:21P 81238 P681 M ALSDORF 7 of 7 R 35.00 D 0,00 GARFIELD COUNTY CO I 44/0 C4D/ffr STARKEY GULCH ACCESS FOOTAGE: 5965' RILEY GULCH FOOTAGE: 13,135' ALLOTMENT BOUNDS ARE APPROXIMATE CONSTRUCTION SURVEYS, INC. 0012 SUNRISE BLVD. SILT, CO 81662 (WO) 8'16-S163 1111111111111111111111111111111111111111111111111111111 686248 11/10/2005 12:53P 81744 P701 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD,) QTHIS MEMORANDUM, made this 1st day of October, 2005, by and between Puckett Land Company, whose address is 5460 ,73 South Quebec Street, Suite #250, Greenwood Village, CO 801 11, hereinafter collectively called "Grantor", and Orion Energy Partners L.P., whose address is 1675 Broadway, Suite 2000, Denver, CO 80202, hereinafter called "Grantee". WITNESSETH: That effective as of the 16'' day of September, 2005, Grantor and Grantee have entered into an Easement and Right -of" -Way Agreement for the purposes of installing maintaining, and operating a natural gas pipeline for the gathering, and/or transportation of oil, gas and other hydrocarbons and road access covering the lands described below and more particularly depicted on the plat attached as Exhibit "A": County of Garftekl, N/2 Section 23, Township 6 South, Range 97 West, 6th PM. County of Garfield, NW/4 Section 24, Township 6 South, Range 97 West, 6th P.M. The term of said Easement and Right -Of -Way -Agreement shall retrain in effect until September 30, 2007, and for so long as Grantee, or its successors and assigns, are using said Easement and Right -Of --Way Agreement for the purposes described above. Reference is hereby made to executed copies of said Easement and Right -Of -Way Agreement in possession of Grantor and Grantee respectively, for all of the provisions thereof, and by this reference same are incorporated herein and made a part hereof in all respects as though fully set forth herein. The purpose of the Memorandum is to give notice of the existence of said Easement and Right -Of -Way Agreement PUCKETT LAND COMPANY --(A9 ORION ENERGY PARTNERS L.P. State of �r-.c•o� } }ss. County or I hereby certify, that on this day, before me a Nortary Public authorized in the state and county aforesaid to take acknowledgements, personally appeared •,city 1/ RicKc r 7 on behalf of Puckett Land Company to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that, being informed of the contents of the same, be voluntarily signed and delivered the within and foregoing instrument on the day and year therein mentioned. Given wider my hand and official seal, this L day of.tc..,,, , 2005. My commissi State of County of (Ftexp ' TAWY PUBLIC" - COLORADO 'I* Conmasswn Ear" 04.104/2009 } ) R>< } Public 1 hereby certify, that on this day, before me a Nortary Public authorized in the state and county aforesaid to lake acknowledgements, personally appeared Atm tin S on behalf of Orion Energy Partners L.P. to me known to be the person described in and who executed the foregoing instrument and he acknowledged before Inc that, being informed of the contents of the same, he voluntarily signed and delivered the within and foregoing instrument on the day and year therein mentioned Given under my hand and official seal, this .y wday of iYaglysER., 2005. My commission SARAN J. MCCABE NOTARY PUBLIC STATE OF COLORADO My Cammissionlxpir.s 1131!09 Jif.I� I CAs Notary Public f 111111 11111 1111111 1111 11111 1111 1111111 111 11111 1111 703077 07/28/2006 01:27P 81825 P487 11 ALSDORF 1 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF EASEMENTAND RIGHT-OF-WAY STATE OF COLORADO ) )§ COUNTY OF GARFIELD ) KNOW ALL MEN BY THESE PRESENTS: THAT Puckett Land Company, as Grantor, has granted, subject to the terms and conditions of the Easement and Right -of -Way Agreement hereinafter described, unto Bargath Inc., as Grantee, easements and rights-of-way for pipelines, road, pumping stations, and a water storage pond, on or across the lands described below, and further depicted on Exhibits A through E-2 attached hereto and made a part hereof: Tow shp 6 South. Range 97 West Section 23: W/2, SE/4, NW/4NW/4 Section 25: SW/4SW/4 Section 26: E/2E12, NW/4NE/4 Section 36: W/2W/2 Township .7 South, Range 97 West Section 1: Lots 5-8 (N/2S/2), SW/4NW/4 Section 2: E/2NE/4 Township 7 South. Range 96 West Section 6: Lots 6, 7 (N/2NW/4), S/2NW/4 Section 7: 5/2, NE/4 Section 8: SW/4 Township 6 South. Range 96 West Section 31: SE/4NE/4, N/2SE/4, SW/4SE/4, S/2SW/4 Section 32: Lot 3 (SW/4NW/4) This memorandum is executed for the purpose of recordation in the Office of the County Clerk of Garfield County, Colorado, in order to give notice of the rights of Grantee, which are more fully set forth in that certain Easement and Right -of -Way Agreement (the "Agreement") dated effective September 1, 2005, between the parties set forth therein, reference to which is being here made for all purposes, It is not intended by this memorandum to construe, define, limit or modify the Agreement, but to merely disclose to the public that said Agreement does exist. Executed copies of said Agreement are in the possession of the Grantor and Grantee. Executed on the dates set forth below but effective as of September 1, 2005: GRANTOR: PUCKETT LAND COMPANY • Jeffrey . ' uckett, President GRANTEE: BARGATH, INC. By: sephls-$rrett. Attomey-in-Fact n/ Date 7/r c'/c 6 Date Raton 10: Macy 6maxiihr Wlluam0 Tna.ednn RMT 1313 M.p01 51., Tem rr 3 SIN* D,.rrr CO 313132 111111111111Bin 111111111MINE 111HUM Ilii 703077 07/28/2006 01:27P B1525 P486 11 ALSDORF 2 of 18 R 51.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF ktAoe l'e } )§ ACKNOWLEDGMENTS The foregoing instrument waA acknowledged before me on this/oro day of 2006 by —Tiff/21y (✓e Kerr, NRidrILN -f /•4CAsfr L41$ C.M"/�Y• Witness my hand and official seal (SEAL) My Commission Expires: Lf/y/e y STATE OF COLORADO ) )§ COUNTY OF OEn/vEQ ) Notar ' ublic RA • a r S. ANDERSON "NOTARY Pl)OUC' • COLORADO '14 Cammusion Few - w The foregoing instrument was acknowledged before me on this ;j #day of .7-6 d( 2006 by Ss&A/ AAthr/ Ara,WAY-/.J-fArrfiid4e aXPt Witnesk and official seal Mil Co .1 t orEx,ires: 9-/g•o p otary Public 1111011111111M 1111 VIII 11111111111111111111I1i 1111 703077 07/28/2006 01:27P 81825 P489 M RLSDORF 3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXEIIBIT "A" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee r y 14' le *es 'I'mimeV WNW d ON "/ t` LoosReNI� /OL g a' g 510'0109'6 PAA. Ai THE APPRK LOCATION CP AN 6>a51M0 BLOCK VALUE ON Ni EA15TNa e' NATURAL OAS PLPELA86 :'J laticigint 1.0.113 •r GQ01166NY 201 018511' Or PROPOSED he 5IPELINO 20' %es OF ANO PARALLEL LNTN AN PANTING 4' NATURAL OAS 560,1415 P.O.Y. AT PONT INTERSECTNO 11-16 . CON ON BOUNDARY BETMEC8 10411. PRODUCTDN RUT H4 P409511 LAND OomPANY slier OF PROPOCZ0 12' PIPELINE. 15 504411* OF AND PARALLEL NITN AN ta25ON9 1' NATURAL 845 PPELRIE oLImselr OL77 N' 15977' OE PROPOSED 17' PIPEimE. IS' nownse491 OF ARO PARALLEL IMM AR Ex15TNC 6' NA1LRA3 WS NPLUNE .�3 06663' OP PROPOSED 17' PIPELINE, 10' NOUN 05 AND PARALLEL LATH AR CA19TW4 6' NAI44RAL DA5 PIPELINE L 1-J 574108'16.91 1390.41' ee>I Iwr . it Fe wNP COI'JPO 1:.s. LEGAL DESCRIPTION rpR A PROPOSED 12' PIPELINE OF PUCKETT LAND CO. PROPERTY An easement for the purpose of constructing and mainioinin9 on IY natural gas pipwine situate in Sections 23.25,26,35 h 36, Township 6 South, Range 97 West. in Section 1 he 2, Township 7 South, Range 07 West, In Section 6, Township 7 South, Rang, 98 West anal in Sections 31 ix 32. township 6 South. Range 95 West of the 6th Principal meridian, County of Garfield 5tote of Colorado. the centerline being more 70rtioul9dy described herein - Commenting at the norihwee1 comer of Section 23, Township 6 South, Ronge 87 West, thence SIO'OlO9'E 0 dielonce of 11923 feet 10 o the opproxlmote I000tion of an existing 610514 wale an on existing B' noturel gos piecing and point of beginning for the proposed 12' natural gas pleating centerline described herein, thence in a general southerly direction, being 20 feet west of and porcine with on existing s" natural gas pipeline 118511 feet thence in a genera easterly aria aoutheatterly direction. being 10 test north Of end parallel with on existing 8' natural gas pipeone 90883 feet; thence In a general northeasterly 48ection being 15 feet northwest 9f anal poronel with said existing 6" natural gas pipeline 95977 feet; thanes In o gener4 easterly direction. new being 15 feet south of and parallel with sold existing 6' natural gas 9iponne 91157 foot to a point terminating at the e5mmdn boundary between Pu.Ketl Lana Compony and ealliams production RUT, whence the west 1/4 corner of Section 32, Townehlp B South, Range 96 West boors 574'00'15'W o diSIonCI of 1399.41 feet GOw'eriruc7ION *Aware, ING. 6012 6UNRI6i sLvo. al,T, 00 01662 10106 -ass -6163 Williams wrea9enam PeAIItWTrMla2Tr_PRta.JPE.owa 1058 COUNTY ROAD 215 SUIS 1' .3000' 1 6.11764 QBN0109 PARACHUTE. COLORADO. 81635 T 1111111 11111 1111111 1111 11111 1111 11111 11111 11111 11111111 703077 07/28/2006 01:27P 61825 P490 M ALSDORF 4 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO 06 041 — 0. i 5r sect Iw e EXHIBIT "A-1" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee &Pek Vata9 Demi! L Swim f' - 20' ♦ P+.. Township 6 South, Range 97 West, 6th P.M. P.0.¢/. lj+4.n P4. 1341167 ?J. PA. 101A4.91 11471)21316 9642' 60 -OP - NPPe P.L 9+60.52 Sec. 23 Puckett Land Company 1111' 7/4 NA' 1/4 Puckett Land company Sir 1/4 !Ix 1/4 LEGEND 4 . ffC1101 CORNERS EOLNO P4. w PONT OF INTCln):CVQk P.a.XL. + 0001 06 5[C*bN UNE P.O.P.L. + POINT 011 PP0PEPI1 Ln0 PAD + RIONT-CF-WAY - PR0PER11 LINE S4e &ea. Ian.. 041411 NY T/4 ----- I ,e,�n1y14 Ilh 161# 10 cow, min >.q '1! MCC,! 10017e. w,ue COWS' 1D V! 0[T 0f Pr ►1▪ F fat \\1.'.Y1A..61.1,tr...4\1.W,P15fP[ C41C.PT uVgib.►\11Q▪ T 1 eCawYLV At -060.2 MANE/D�wrr-6K-!wr rii w» 0.»7 5,11I6110 Or: T.F. Caney 011 P. x11 65174 5-40-05 SCALY: 200' DMC / 06-01731 ?5-a' State Land ,.. rveyiny. Ina \(435) 781-2561 100 1.1OR16 VEINAL 444. KRAAL. 16758 64076 91st 1 67 5 1111111 VI1111111111111111111111111f1111I11111111111111 703077 07/28/2006 01:27P 01825 P491 N ALSDORF 5 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "B" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee O String J' Pfratmeg fi IMO ¢;• 11414474f PROPOSED WATERLINE ON PUCKETT PROPERTY CONST ANON 6uRvrr6, fNG. 0013 eualei BLVD. BELT, CO 81663 1147•8T6.6163 oeNftrr PROP_ SCALE r - 2000' OAID OB/08:1 SEA I Williams 1056 COUNTY ROAD 215 PARACHUTE, COLORADO. 81635 • 1 111111 11111 1111111 111 11111 11111111111 111 11111 1111111 703077 07/28/2006 01:27P 51825 P492 11 ALSDORF 6 of 10 R 51,00 0 0,00 GARFIELD COUNTY CO EXHIBIT "C" O DO �lk 1\N 1 , EXlS���iiiN I4ATURA PICTICL 1T .1003 'CO. I 89'4t'DB'�' P1PH 553.99': Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee suctreo N. Ktobutit dt17. / . �' i P08 ' 58944'59-' • r Y. LEGAL DESCRIPTION: AN EXISTING 8" NATURAL GAS PIPELINE SITUATE IN THE SW 1/4. SE 1/4 & NE 1/4 OF SECTION 7 AND IN THE SW 1/4 OF SECTION 8, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6114 P.M., COUNTY OF GARFIELD. STATE OF COLORADO. THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE ON THE WEST UNE OF THE SE 1/4 OF SAID SECTION 7 ( SAID WEST UNE ALSO BEING THE COMMON BOUNDARY BETWEEN THE BLM AND PUCKETT LAND CO. ), WHENCE A FOUND 1920 CLO BRASS CAP IN PLACE FOR THE S 1/4 CORNER OF SAID SECTION 7 BEARS S01'38'08"W A DISTANCE OF 1670.91 FEET; THENCE ALONG THE CENTERLINE OF SAID EXISTING 8' PIPEUNE THE FOLLOWING 5 COURSES; THENCE N2916'05 -E A DISTANCE OF 1265.87 FEET; THENCE S89'41'08`E A DISTANCE OF 553.99 FEET; THENCE 569024'59"E A DISTANCE OF 435.21 FEET; THENCE 57310'33"E A DISTANCE OF 2912.36 FEET; THENCE N5818'30"E A DISTANCE OF 546.56 FEET T4 A POINT TERMINATING NE EXISTING WILLIAMS PRODUCTION RMT GV y'1-8 WELL SITE, WHENCE A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE SW CORNER OF SAID SECTION 8 BEARS S4612'43"W A DISTANCE OF 3108.90 FEET. UJILLI,4MS PRODUCTION RMT CONSTRUCTION SURVEYS, INC. GM 014-1 0012 SUNRISE BLVD. S" PIPELINS 4851.1I1.1" SILT, CO SIS62 PBARRET1/0M14-7.DWG 91m-518-6163 scat": 1" = moo' DATE: 05-24-05 111111111111111111! 111111111111111111111(11111111111111 703077 07/28/2006 01:27P B1825 P493 M ALSDORF 7 of 10 R 51.00 D 0.00 CARFIELD COUNTY CO EXHIBIT "D" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee LEGAL DESCRIPTION: AN EXISTING ACCESS ROAD SITUATE IN THE NW 1/4 OF SECTION 18. TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.W., COUNTY OF GARFIELD. STATE OF COLORADO. THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE NW CORNER OF SAID SECTION 16: THENCE S01'4703"W ALONG THE WEST UNE OF THE NW 1/4 OF SAID SECTION 18 ( SAID WEST UNE ALSO BEING THE COMMON BOUNDARY BETWEEN THE BLM AND PUCKETT LAND CO. ) A DISTANCE OF 1344.99 FEET TO THE TRUE POINT OF BEGINNING FOR THE EXISTING ROAD CENTERUNE DESCRIBED HEREIN; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE CENTERUNE OF SND EXISTING ROAD AS SHOWN HEREON A DISTANCE OF .1724 FEET TO A POINT TERMINATING ON THE NORTH LINE OF SAID NW 1/4 AND COMMON BOUNDARY UNE BETWEEN SAID BLM AND PUCKETT LAND CO., WHENCE THE SAID 1920 GLO BRASS CAP IN PLACE FOR THE NW CORNER OF SAID SECTION 18 BEARS N88'13'05"W A DISTANCE OF 9713.99 FEET. WILLIAMS PRODUCTION RMT CONSTRUCTION 6URvi#Y6, INC. GM 014-1 002 BUNRIBB BLVD. ROAD ASSUILT SILT, CO SIb62 PBARRET'1/GM14-7. DWG Sieh-S-16-BIB3 1 SCALE: 1' = 1000' DATE: 05-24-05 1111111111111111111111111111111111(11111111111111111111 703077 07/28/2006 01:27P 81825 P494 M ALSDORF 8 of 10 R 51.00 D 0.00 GARFIELD COUNTY CD EXHIBIT "E" CO cn I 0 1 1 1 1 co 1 1 CO 0 1 1 1 - 1 1\ 11 \1 ..._....1 \ 1 --\ \ co1\\ i. \_,I:.. - n \ +, .r� .0-,,,, -, `\ \ ,\.. _ \..i.. Y. \ 1 �•' �N, \ ` _ - C \ •� \ 1 -`\--s_.1_�_I '3 \ \ ' \ \ \ 1 \ \ 1 1 \ C \ �� -- \ \ \ \ \ \ \\ \ \ \ \ \ 1 \ \ 's�x \� l \ \ \ \ 1 \ \ 1 1 1 1 \ cz ir Q9 cF \,, 1 \ \ \ \ \ 1 1 1 1 \ ,1 6 9� soo to \NiS tP \s, \� \ n 1 c:, Nr�T� T2 N L. +0 ms 0 r Un to 6` 0� O 'nm co co [fl cA Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor an d Bargath Inc., Grantee UNGRADED ELEVATION: 85185' FINISHED ELEVATION: 8513.5' \A i b / /46 ,b�2O e, i, / 0,e7\ / / / ig) / / / / / b cj / / / / / /Cb /��� //�/// i// / / r// //' // / I / r / 1/ / I 1 I / / / I / I I / Ir ,y l IC ... _ r/...c 1 __ 1 i / G a / I 10'I / / / ;O' 1 r 1 \ 1 I I / 1 1 1 I I 1 I 1 I 1 1 1 1 1 1 I 1 1 1 1 f 1 1 1 I 1 I 1 1 1 1 I I 1 FIkESI OA T4 STO4AGE Pf1T 1 80011' X 1200' X\12` 1 \\ \I \09,346 bbls 11 1 1 1 I I \ } 1 1 1 1 1\ 1\ 1• \ 1 1 ! \\ �\ 1 1 r I\ \ I l 1�� `,\ \\\ \1 \1 / t \\ 1 \ C \ 1 \ \ 1 \ 1 1 c'. \ \100' 10' 1 HEF`r& WING UTILITY LINE LOCATION 'L( ligRIFFIN & ASSOCIATES, INC. C 50 0 50 EXHIBITS RAMS PRODUCITONEffoMPAIYY FRESH WATER STORAGE PIT 1414 ELK ST., SUITE 202 SLE: 1'. + 50' ROCK SPRINGS, WY 82901 JOB No. 13198 (307) 382-5028 DATE: 8/12/05 ESTIMATED EARTHWORK ITEM CUT FILL TOPSOIL EXCESS SITE 4417CY 3004 CY 0 CY 1413 CY PIT 14428 CY 14428 CY TOTALS 18845 CY 3004 CY 15841 CY 1111111 11111 II11I111111111111111 III1III 1111111111111111 703077 07/28/2006 01:27P 61825 P495 M RLSOORF 9 of 10 R 51.00 0 0.00 GARFIELD COUNTY CO EXHIBIT "E-1" 1 Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee r 7 1 H A d 1- 1 atOWNIO f 1 r 41:1F RIFFIN & ASSOCIATES, INC. NTLLJAMSPRODUCTIONRMT COMPANY FRESH WATER STORAGE PIT 1414 ELK ST., SUITE202 ROCK SPRINGS, We 82001 li (307J 362.5021 JOS No. 19188 HORZ i' = 50' VERT. 1'= 10' DATE: 9I12/06 UNGRADEDELEVATION: 8518.8' EXNIBlT3 FINISHED ELEVATION: 8619, 5' MOM 11111 11111111 1111 11111 1111 111111110 111111111111 703077 07/28/2006 01:27P 61825 P496 11 ALSDORF 10 of 10 R 51.00 D 0.00 GRRFIELD COUNTY CO EXH1BIT "E-2" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee •'i:. is i , y:\ . `, r :f7•••••• ii �i /) ( L3 ! : fi /r• 'f'/';'.'.;'?"';'...."::.......' /r `, r...;, -e.,,; ---:;:31:j.. et )!•.:,' \.%,,..,, .. y f/[1r/' f .�`tir. o a ;• •ak, = .;;,/ Mfieri ,;:.7X. f� iIlly/ r i p✓ f;.'..f.:,44... / 1 4 rfizF�3 a "� �p$�•li 5 /'{' / • '''.....-v7..,.‘,.''',/,',. .r i T 1 :� 1;zV .,:.,-.~..v 1 ,�il:,(,Yy^ Y fry lr (I A.. .•' I r . 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Ar afl:. ,.,.s?,.a4: � f r _ � 1=�: _•�t ,�-r✓�� �^ IYF 1:16 RIFFIN & ASSOCIATES, INC. 1414ELK 8T., SUITE202 ROCK SPRINGS, WY82901 (307)3624028 SCALE. 1- 2000' JOB No, 15186 GATE 9/12105 PROPOSED FRESH WATER STORAGE PIT FOR 1ILLIAMSRMT TOTAL PROPOSED AREA: 40,000'± SQ. FT. EXISTING RGAG EXHIBIT 4A 1111I?i wA.J'X V,wtMtIONr'd4I'kIMNit1III Reteptton0: 712201 12/01/00 12:17FM 0:1060 P:0102 Mildred Plsdorf 1 of 2 Rea Fee:$11.00 Doo Fee:0.00 GARFIELD COUNTY CO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT STATE OF COLORADO ) COUNTY OF GARFWLD ) THIS MEMORANDUM, made this 24th day of July 2006, by and between PUCKETT LAND COMPANY, 5460 South Quebec Street, Suite #250, Greenwood Village, CO 80111 ("GRANTOR") and NORTHWEST PIPELINE CORPORATION, P.O. Box 58900, Salt Lake City , Utah 84158-0900 ("GRANTEE"). WITNESSETH: That effective as of the..2 A_ day of July 2006, Grantor and Grantee have entered into an Easement and Right -Of -Way Agreement for the purposes of constructing, maintaining and operating a natural gas pipeline for gathering and/or transportation of natural gas and other hydrocarbons across the lands described below and particularly depicted on the plat attached as Exhibit "A": Township 2 South, Ranee 97 Wes Section 36: NE/4 Township 6 South. Range 97 West Section 23, 25, 26 & 35 Township 7 South, Range 97 West Section 1 & 2 Township 7 Soulh. Range 96 West Section 6 Township 6 South Range 96 West Section 31 & 32 The term of said Easement and Right -Of -Way Agreement shall remain in effect for so long as Grantee, or its successors and assigns, are using said Easement and Right -Of -Way Agreement for the purposes described above. Reference is hereby made to executed copies of said Easement and Right -Of -Way Agreement in possession of Grantor and Grantee respectively, for all of the provisions thereof, and by this reference same are incorporated herein and made a part hereof in all respects as though fully set forth herein. The purpose of the Memorandum is to give notice of the existence of said Easement and Right - Of -Way Agreement, and not intended to construe, define, limit, or modify the agreement. Executed on the dates set forth below but effective as of theoN'4[day of July 2006. GRANTOR: PUCKETT LAND COMPANY By: Jeffrey V. Puckett, President GRANTEE: NORTHWEST PIPELINE CORPORATION By: C. Scott Patterson 1 11111K 1411.1,4 MAC WM:KO 11111 Reoeptiont: 71220t 12181/08 12:17PM soots P:8103 Mildred Ai dorr 2 of 2 Re0 F.e:$11.00 Doc, Fee:0.00 GARFIELD COUNTY CO ACKNOWLEDGEMENTS STATE OF C e.s.do ) )ss COUNTY OF The foregoing instrument was acknowledgedbefore me on this,Lday of by �FIP,ABY V/Q ey.'p,T-T / SJUP(sar a f Ajiitrr Au./ My Commission Expires: Not:. Public MON `NOTARY PUBLIC' - COLOPAOO 'illy Commission LOW MOMS STATE OF UTAH ) )ss COUNTY OF SALT LAKE Au au,r'r 2006 The foregoing instrument was acknowledged before me on this 21s` day of July 2006 by C. Scott Patterson. NOTARY FROLIC NAOIMI MAUK ?66 ellipsis war Salt Lama City, Utah 8/106 My COmmhaian h iraa Daa«nnrr 1!, me STATE OF UTAil4 (A FJL I.v.fl �l Cmc e�� Notary Public 111111.1MNIMPRIIII,114 HAMON 1111 Reception#: 72B 83 0612512007 94:07:28 PR 6: 1941 P: 0148 Jean RlbarlOo 1 of 11 Rao Fee:$55.00 Doc Fee:e.00 GARFIELD COUNTY CO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT This MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT (the "Memorandum") is made and executed as of the / day of.MRy, 2007 to evidence that: fwKK. The Easement And Right -of -Way Agreement (the "Agreement") dated 4y 2007 was entered into by and between Puckett Land Company (the "Surface Owners") and Bargath Inc, do Williams Production RMT Company (the "Operator"), which, among other provisions, provides as follows: The Surface Owner also agreed to the following terms and conditions in the Agreement: • Surface Owner agreed Operator may construct, lay, maintain, modify, operate, alter. replace, remove the New Pipeline depicted on Exhibit "A", attached hereto and made a part hereof. This Memorandum shall be construed as a covenant running with the Lands and shall be binding on any and all personal representatives, successors, and assigns of Surface Owner and Operator. This Memorandum is being executed by Surface Owner and Operator for the primary purpose of recording and thus advising all interested parties of the existence and validity of such Easement And Right -of -Way Agreement, the exact terms and conditions of which are more fully stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first above written. Owner By: e: Jeff . Puckett Title: President Bargath Inc. By: N e: Jos P. Barrett n ! r le: Assistant Secretary t�C� ACKNOWLEDGEMENTS STATE OF COLORADO ) COUNTY OF 1.0. Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that Jeffrey V. Puckett, whose name is subscribed to the foregoing instrument as President of Puckett Land Company a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uses and purposes therein set forth, Given under my hand and Notarial Seal this 1 day of Mug, 2007. My Commission Expires; RAYMOND $. ANDERSON -NOTARY t�1AM' • COLORADO .� commission . (SEAL) Page 1 of 2 11 111111K7Iiiti4',PiliNtIV,H@i,G 1.5411inei.111411111 Reeeptlong : 726193 06/25/2007 01:07:28 PM a: 1941 P: 0144 Jean Rlberieo 2 of 11 Rao Fea:556.00 000 Fa0:0.00 GARF'IELD COUNTY CO STATE OF COLORADO COUNTY OF DENVER Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that Josenh P, Barrett, whose name is subscribed to the foregoing instrument as Assistant Secretary of Bareath Inc c/o Williams Production RMT Company, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uses and purposes therein set forth, Given under my hand and Notarial Seal this 42 day of ia,z2007. My Commission Expires:/).// o` OO (SEAL) f Notary Public Page 2 of 2 •III PAIN +I',ai IALA I Ii VIT WIIN 11111 Reaeptionll: 728183 0612812007 01:07:26 PR B•• 1941 P. 0160 Jean Rlberloo 3 of 11 Roc Feea56.00 Doc Fee:0.00 GARFIELD COUNTY CO cnninl 1 h 1 0I Y Attached to and made a part of that certain Memorandum of Grant of Easement dated y'`! 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company 5CALF 500' 0 SECTIONI9, TOWNSEUF6SOMA RANGE' AC War of the 6&tItAL, GARFIELD COUNTY, COLORADO , B-125000113.4 13.18 1 Air mMvwlI NEW 111 /777/77?549,7725(/74-9 MICaterr LANIICAMBINY LOT 3 iiiiiiiiipiiiiii i' 223 ,n: nTwZ1INE EIT'IME ME3'ic:�.t;s IlkN maluarmiEE sumanar IK131EIMEAIIE3BOd' MU tuiranii Mill ,EzIEEtralll11 i_.. 111UXIIIM Oril■■ POT t,M20144,71 E.I2t2554.40 2,1730 1" m 1000' 1000' CnMr FO NAD M NUME 4i * FOUND MONUMENTPROPERTY RECTION GIQIr F R OR OTHER CORNER FOUND MONU7 NT • CALCULATED OR II to OR'IRE CORNER PROJECTED CORNER LOT 2 Lor 3 LOT 4 rip RIFFIN & ASSOCIATES INC. r4S4eLxa:l T, rtOacarfvalwoel, wre�or PHONE 0071182402411 D.R.C. J30.-14488 AENSEP.O4A7107QNABGEDCOMP NAME DRAM BY: KRH DATE: O41210T APPROVED BY: I DATE: CHECKED BY: DATE: SCAM I' ■ 1007 zuraINe CRAWFQRD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY IMMO maw 14406-R0w04 ■11111. Skil+LIWfAN.14/,4iiif lliii114140+41fil11111 Recept3DM; 726193 08/25/2007 01,67:28 PPI B: 1941 P: 0161 Jean Albsriao 4 of 11 R. Fss:656.00 Doc Fss:0.00 GARFIELD COUNTY CO "HIB "A" 2 of Attached to and made a part of that ce .. Memorandum of Grant of Easement dated L 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SOUS 600' 0 SECTION 29, TOWNSHIP iFSOUIIL RANGE 96 A 1'SFolfthe 6th P.M, G'1RFIQA [BOUNTY, COLORADO Han Cop 1/4 20 L0T 2 LINE TABLE * DIRECTION DISTANcE L54 S 1E'36'31' E 154.54' L55 S 2618'31' C 660,48' L56„ 9 47'51'0.7' E 323,44' L57 $ 71'11'41' E 147,19' L58 S 11.58'96' E 217,81' L59 9 311.815' 9 151.99' 1000' 2000' LOTS tiro LOT 1a LOT 4 Lora LOT n NNW - -NJ - 1158674..11 �8+ r." Lor 7 Z/r1rZ/rZ /Z/ i 1 Ate/ I/. Lora / co/WANT rob 1R-0WNlN1m DO f+r4 _ALLA_M_RIghto/L garfFlr. f r 1aoa' Rod%! 1.000 from MOND • Faso IIIOMis<eter ' S FOUND MONUMENT PROPERTY - SECTION CORNER OROMR CORNER FcUI MDN111 err, • CALCULATED DR 1/40R1/10 CORNER PROJECTED CORNER NOTE& 1.1 DRAM; REFERENCED TO NAD27 DATUM.SPCS COC. ALL DISTANCES SHOWN ME GRID DISTANCES. 2.) APPARENT LANDOWNER INFORMATION SHOWN HEREON BASED UPON GARF7ELD COUNTY ASSESSOR OFFICE PARCEL MAP F2137 AND INTERNET RECORDS AS 0F4/0740. MAP 62189 AND KISMET RECORDS AS OF I /11107 3. MAP 12771 MO INTERNET RECORDS AS Off 12!07108. 1:16 R1FFIN 4 ASSOCIATES, INC. 141410.X STREET, ROOK SPRINGS, WYIW O PJIOA Pen MAIM D.R.O. JO8S-14465 DRAWN S1': KI1H CHECKED BY: DATE 04/1 TAT DATE APPROVED BY_ IDA KALE: V+1000' ior fR N-614582.74 Z B I259309.8S 1% sk pppp 1L I Sa1a.169 28 Stan* 3 3'3 LO STATEMENITIF SURVEYOR: BRIAN!, P-GYNBEi8STATEN NEIV151' 000.1MTIONA REGISTERED LAND VURVEIpREMPLOYED BYIMAMS PRCOtACTIIJ CLi1115WY 70MAKE APTl&.AUMARYSLIMY OF7TLE CENTERLINE OP A INP106047t0IC4VAYAS1:60IPLB63AA10 SHOWN ON CONNVONO (lc ?PAOLV7TLAr711E WOW* uovi5iH SUPERWMON PED6T.TARY1f;100 AND MAT RENVESENIED UFONTTLfSAM DUC,IIONIMT COMPANY CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY ming- MBaEPt 14466-ROW06 ' Mill I 711011Ii V l' L' P.I 4Z MT Irk i 1111 :=117n L � 728183 01:07:28 P11 B: 1941 P: 0152 Jean IEL RCOUNTYo 5 of 11 Roo r.950.00 Doc F+e:0.00 909FTELO C0UV7YC�XIiIBIT "A" 3 of 9 Attached to and made a part of that ce Memorandum of Grant of Easement dated �j 11, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company 1. SCAN 500' 0 SECTION 23, TOWVS JF 6SOMA MANGE 97 WEST of the 6th P.M, GARFIELD COUNTY COLORADO IS 14 32 1r.y. - r 1 ' - , .-- 14 &RN Bram 'I" 14 O>¢114 IBA N462401732 $=1239458.83 PUS • POE 8-1239433939 s1XFISSENW N 1 -23 UNE TABLE 0 DIRECTION DISTANCE I 3 32`44'3 E L2 ,117.89' S 123314' E 476.12' 1.3 S 03'0024' E 222.40' L4 3 13'04'900' E 4)9.68' 15 S e332 3$' E '43'129' 1,6 s 271314' C 16g,U' L7 9 3171`33EN E 193.22' 1.8 S 46'56'51' E 9976,39' L9 IS 28'13'89' £ 12851' N/!SE 1_ L NY913vmitrI'PMUTT stow >�E V6 v 13 = 1000' 1000' 26 Om WIVE Cap 1N MEI ft -O -W KIM eio Fog Lad; 25' Nubia' Lllla lta. =Wag }O01.1f Ro DIM Aare: Iii pici FOUNDPAIVLIAIpENT ?! FOUND MONUMENT PROPERTY SECIYOW DOWER OR OSHER CORNER FOUND MONUMENT • CALCULATED OR 114 OR 1116 CORNER PROJECTED CORNER 1.) DRAWING REFERENCED TO NAD2T UATUMSPCS COC. ALL DISTN4CE8 SHOWN ARE GRID DISTANCES. 2) APPARENT LANDOWNER INFORMATION SHOWN HEREON BASED UPON GARFIELD COUNTY ASSESSOR OFFICE PARCEL MAP /2137 AND INTERNET RECORDS AS OF 4/17100, MAP /21BRAND INTERNET RECORDS AS OF 1111/079. MAP/2171 AND INTERNET RECORDS AS OF 12107106. RIFFIN & ASSOCIATES, INC. music. =or, oworsvorm WY 112901, PIONI1807j 1814028 0.110 JOB. -144116 REVISED:04n1pr HANGED MAW MAIAE DRAWN sr MN APPROVED 0T: DATE DATE: 04H5100 23 26 12S MIN SiAMO:VTOFBVIZVII tt BRIAN L FORBES 8TATE5 NEWBYOOCU'R4710NA RE17/87ERED LAN 0 SURVEYOR EMPLOYED BY 1180011AM 70SAKE A PfiELIWOVA YSURV>YOPTHECENTERLINE OFA PIPELINE R/GNTLYSW.IYASMORON AND 8I>IIDI411/ON1T0$M 4P. OOIN,1IISrima or 7 PA0Elt MAT ME SURVEY OF SVD now WA9 ,._... - • AIV0AU7HOVUTY, =, ✓,i.f fg 4007; AHD 1FLIT$UGH &JRVE?IS UPON MIS MAP CRAWFORD TRAIL GATHERING PIPELINEA PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY CHECKED BY: 1 DATE SCALE: 1'.1000 mot 14466-RO1IV04 L 11111VI 101111.01111411.1k1 1441.11t104 III III 06!2512007 01:07:28 PM 6. 1941 P 0153 Jean R1DerlooCD 11B/T "A" 4 of 9 8 of 11 Roo Feu:S56.00 Doc Foe 0.00 GARFIELD COUNTY __... Attached to and made a part of that ce Memorandum of Grant of Easement dated►_!_, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SCALE 50cr a SFCTION2d, TOMEI& 6oDUTit imam WEST of the 6th P.ML, GARFIELD COM= COLORADO L14 13 M 44' Y 89 18 11 )#A +47/7/////irri/1)/ � ,75//// /f l ///%/1 11 ANSW Y a 1 6'1P7Y IsEsw Ems A 26x23 N$P4W J • = 100' HMO' t� 1 IIIIMIIMIRIEMMIIIIMI TDI ® iA44 r1 IMIMOI m _ A1M. NiiguLt 242A5'KIEL 4re--t-HE EEG= jI4ANY �2+ m 1atz UKIEND Dia FOUND MONLIM OVT • FOUND MONUMENT PROPERTY OR 0711gtCORNER FOUL MONUMENT • CALCULATED OR 114 OR IRE CORNER PROJECTED CORNER RIFFIN 44 ASSOCIATES, INC. 1414a.KD7 7, ROCK 8PYNIN6&tYY0101 NOW muffin O.R.G. JOB# -14156 mom 6111 7 QNANGW COM a14Y 19'ME 1DRAYNIBY. i11g1 ! DME 04T1INT APPROVED BY: I DATE: BARG:AlitINC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF pUCKEIT LAND COMPANY CHECKED BY; DATE WALE: 1' d 1007 roman !omit 14466 ROWO4 1111 In. FsZflr 'I LI.I'VOhl JAI N. 14hr111fl1.Nl'J 11111 R.es kion}*: 728193 0612612007 01:07:20 P61 0. 1941 P: 9154 Jean PLbsr100 7 of 11 Roc Fes:956.00 Ovo *66:0.110 GRRFIELD COUNTY coE)(I'1BIT "A" 5 of 9 Attached to and made a part of that Memorandum of Grant of Easement dated4 , 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTION 25, TOWNSitir4soilmi4 ZANGE97 WRIT ofd 6m /P.hL, GARFTELD COUNTY, COLORADO 6 N 1 N88' rbxw 4145.40' J _ SOW 1 1. I' 1000' 1000' Li GEAD FOOMPOOMMENT • FOUND MONUMENT PROPERTY SECRON CORMER OR OTHER CORNER FOUND MONUMENT • CALCULATED OR ,x OR,ne CORNER PROJECTED CORNER Nor- T- tit 4ORIFFIN & ASSOCIATES, INC. 1 JYlfiii r, ROOK SPIeM%wen", riftiVER0718011-60, D.R.G. 400f-14468 D COMPANY NOVAE DAM MVO? APPROVED BY: REMECtb4)1.Ti9T MRA 948Y: 10VI 614 GSD Eir DATE: epi ,•- woo RARG4Th 1NC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY Kula 44466-ROWO4 LUIES2611 =MI O0 �`.i�'� +CIai , Ail 11221M1 -:-r-2CMIEMAMI I�!+� LT J - r��E+ii! ftI VI Liiiall =AM ik3 IYiLME-1 M =GM NA 4111r-IgAiii 7.. WI tit 4ORIFFIN & ASSOCIATES, INC. 1 JYlfiii r, ROOK SPIeM%wen", riftiVER0718011-60, D.R.G. 400f-14468 D COMPANY NOVAE DAM MVO? APPROVED BY: REMECtb4)1.Ti9T MRA 948Y: 10VI 614 GSD Eir DATE: epi ,•- woo RARG4Th 1NC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY Kula 44466-ROWO4 1111 1III ReeuptlonU 716193 06!2512907 01:07:28 PI/ 8: 1961 P: 8166 Jain 01b,rioo A of 11 Rea Fee:SA6.00 Doe Fes:0.00 CRRFIELO COUNTY CGExHIBIT "An 6 of9 Attached to and made a part of that Memorandum of Grant of Easement dated' / , 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SCALY 400' 0 SECTION 26, TOWNSHIP ASOMA Z4N'GEP7 WFSI elft& 6th P.M, GA.HFIELD COUNTY, COLORADO / Brew Cg' N $8'16'l5'1 ' 26 • w • Eno 23 25 2 NO SAC TAHLE 0 81RECTI3N DISTANCE 110 5 28.13'09' E 1.70' L11 S 17'47'14' E 26353' S 69'1741' E 105.33' ,L12 L13 S 57'00'36' E 184,76' 1.14 5 51'36"50' E 245.42' 1.15 S 51'18'09' E 19936' 1.16 S 8043'01' E 39787' 1.17 S 7119'45' E 8666' 11a S 42'06'15' E 86.75' L19 S 46'02'12' E 428.16' 1.20 S 57'S2'I6' 8 21.42' 4 1- += 1000' 1000' 1:01043 MONUMENT AS 1T • FOUN3 MONUJi N'r PROPERTY SECTION C MST oROTHER CORNER CAL/MATS) OR 1A1 OR 1!1 CORNER UND MCNUMENT• PROJECTED CORNER LAND COMPANY .26. 26 33 Druz Cop 114 8 N051 11 88'16.13' V 26X1.1' 4116 RIFFIN & ASSOCIATES, INC. 14141E4,r471111fk7 ROO1r 0PfMKIS, WYA201 MOW (MO)MOSOM D.R.O. JEW' 14406 AMER' .0Nt707CHANGEDCOMPNAME IEJNC. CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETf LAND COMPANY 'MAIM Or: MI DATE: 0411507 APPOV REDIN: IDA' *CNA CHECKED BY: DATE: 1':1000 Famek 14466-ROWO4 1III11.1MNIINI I 111 ,G 1 III141.IN1 11111 Rees! l on11: 728193 06f251280T 01:07:28 PR 0: 1941 P: 0166 Jan Rlberloo 9 of 11 Rev Fss:S68.00 Doo FN:0.80 GP.RFIELD 00195 cnrlud1I "A" 7 Of 9 Attached to and made a part of that certain Memorandum of Grant of Easement dated, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SE01ONS21, 26, 25& IOWNSHt'P6SOUTTf, RANGE !7 WEPT AND SECTION 19, TO$NSffiriSOUTH, RANGE97 REST of the 6th P.M" GA.RPIELD COUNTY, COLORADO ElSEMENTDFCR,IPTTON A 50.00 FOOT WIDE PERMANENT EASEMENT FOR PIPELINE PURPOSES ACROSS SECTIONS 23, 28.25 A 24. TOWNSHIP 6 SOUTH. RANGE 97 WEST AND SECTION 19, TOWNSHIP 6 SOUTH, RANGE 98 HEST, of1he 6111 P.M., GARFIEID COUNTY, COLORADO, SAID EASEMENT BEING 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: SECTION 23, T. 6 S., R. 87 W. (8,092.87 FEET TOTAL) COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 23, THENCE SOUTH 01`37'51' WEST, 683.81 FEET TO THE POINT OF BEGINNING AND A POINT ON THE WEST UNE OF SAID SECTION 23; THENCE SOUTH 32'44'32" EAST, 117.89 FEET; THENCE SOUTH 12`1314' EAST, 478.12 FEET: THENCE SOUTH 03'01'24" EAST, 222.40 FEET; THENCE SOUTH 13'04'00' EAST, 479.68 FEET; THENCE SOUTH 25`1218" EAST, 437.29 FEET; THENCE SOUTH 27'20'54' EAST, 185.17 FEET; THENCE SOUTH 38'3320" EAST, 193.22 FEET; THENCE SOUTH 46'5811" EAST, 3878,39 FEET; THENCE SOUTH 28'13'09' EAST, 122.51 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23. SECTION 28, T. 6 S., R. 97 W. (2020.96 FEET TOTAL) THENCE CONTINUING INTO SECTION 28; THENCE SOUTH 28'1319" EAST, 1.70 FEET THENCE SOUTH 17'47'14" EAST, 263.83 FEET; THENCE SOUTH 8990'41" EAST. 105.33 FEET; THENCE SOUTH 5T00'38" EAST, 184.76 FEET; THENCE SOUTH 51'38'60" EAST, 245,42 FEET; THENCE SOUTH 51.1819" EAST.199.36 FEET; THENCE SOUTH 60'43'01" EAST, 397.87 FEET; THENCE SOUTH 71'19'45" EAST, 86.68 FEET; THENCE SOUTH 48'0016" EAST, 86.75 FEET: THENCE SOUTH 48'0212 EAST, 428.18 FEET; . THENCE SOUTH 57°5716' EAST, 21.42 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 26. SECTION 25. !, 6 S., R. 97 W. (4,822.80 FEET TOTAL) THENCE CONTINUING INTO SECTION 25; THENCE SOUTH 67'5216" EAST, 887.80 FEET; THENCE NORTH 89'4235' EAST, 160.00 FEET; THENCE NORTH 57'17'27" EAST. 180.00 FEET; THENCE NORTH 24'5218` EAST, 402.42 FEET; THENCE NORTH 35'59'31" EAST, 135.70 FEET; THENCE NORTH 56'53'50' EAST, 191.91 FEET; THENCE NORTH 66'2518' EAST, 424.43 FEET; THENCE NORTH 75'10'23" EAST, 399,05 FEET; THENCE NORTH 76'3019" EAST, 356.54 FEET; THENCE NORTH 72'0743" EAST, 699.16 FEET; THENCE NORTH 87'55'19 EAST, 755,28 FEET; THENCE NORTH 63°08'26' EAST, 80.01 FEET; THENCE NORTH 38'21'38' EAST, 170.41 FEET TOA POINT ON THE NORTH UNE OF SAID SECTION 25. DESCRIPTION CONTINUES ON SHEET 7 OF 7 rif RIFFIN & ASSOCIATES, INC. 14 40WITIle n Row aftwas,, WY82901 PHONEW/18.24026 D.8.O J0eg-144e8 REVI6p:IMn7M7 ED COMP NYN44E DRAWN BY: I?i4 DATE 04n3167 APPROVED BY: 1 DATE RAMA'S CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT GROSSING LANDS OF PUCKETT LAND COMPANY disc 460 BN: DATE WALE: 1•"107 PUMA 14466-ROW04 ry 1111 IY FIF,1411111 1N?,WINLIN,161I,I41:1M/Mii 11111 Receptionk: 726193 06/25/2807 01:07:26 PM B: 1941 P: 0167 Joan R16.rieo 10 of 11 Ree Fu,$56.10 Ooo F.. 0.00 GARFIELD COUNTY CO "Soft' Attached to and made a part of that certain ' Memorandum of Grant of Easement dated foliTY1, 2007, by and between Puckett Land Company and Bargath Inc. do Williams Production RMT Company SECTIONS 23, 26, 25&14 fl)IThSR P6SOV111 BANGS' 97 WEST AND SECTION 19, TOWNSHIP 6 SOUZA £4N a6€!1 MST offfie 6th AhL, G4RFIELD COUNTY, cOLQSADO EA.MAITATDESCRIPTION CONTINUED FROM SHEET 8OF 7 SECTION 24, T. 8 S., R. 97 W. (1,849.74 FEET TOTAL) THENCE CONTINUING INTO SECTION 24; THENCE NORTH 38°21'38" EAST. 157.46 FEET; THENCE NORTH 40'29'16" EAST. 44422 FEET; THENCE NORTH 62.26'00" EAST. 491.60 FEET; THENCE NORTH 6142'08" EAST, 202.45 FEET; THENCE NORTH 33'48'59" EAST. 79.99 FEET; THENCE NORTH 05°55'50" EAST. 355.70 FEET; THENCE NORTH 49"1 T43" EAST, 80.00 FEET; THENCE SOUTH 87'2024" EAST, 38.32 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 24. SECTION 19. T. 6 S., R. 96 W. (2 771.71 FEET TOTAL) THENCE CONTINUING INTO SECTION 19; THENCE SOUTH 67'20'24" EAST, 125.69 FEET; THENCE SOUTH 81.3619" EAST, 235.30 FEET; THENCE SOUTH 62'1207" EAST, 155.30 FEET; THENCE NORTH 89'14'09" EAST, 143.32 FEET: THENCE NORTH 81.13'00" EAST, 380.40 FEET: THENCE NORTH 70.4415" EAST. 361.97 FEET; THENCE NORTH 5r22'44" EAST. 224.07 FEET; THENCE NORTH 60'21'39" EAST, 188.54 FEET; THENCE NORTH 6716'17° EAST. 429.81 FEET; THENCE NORTH 80'57'45° EAST, 29128 FEET; THENCE NORTH 81'28'13" EAST, 74.76 FEET; THENCE NORTH 81'29'13" EAST. 183.27 FEET TO THE POINT OF TERMINUS AND A POINT ON OR NEAR THE EAST UNE Of THE SOUTHWEST QUARTER OF SAID SECTION 19. SAID EASEMENT IS 17,557.88 FEET IN LENGTH AND CONTAINS 20.154 ACRES, MORE OR LESS. RIFFIN & ASSOCIATES, INC. 14148.K MEET, ROOS'iINdNOa, MI MI D.R.C.PHONE 0107104148010 JOB/ -14468 I.OISAYdI6 IICOMPANYDYMBr KOMWM CHECKED BY: APVROVED KY: I DATE 6CA1E i•■140p' A4RG"4�CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LANA COMPANY NAM 14466-ROW04 1 1111RAWWII III INTI i!10:11101EIrlr11411II1 Reception*: 728193 06!26!2007 01:07:26 P11 0: 1941 P: 0150 Jaen Alberto,' 11 ,'l 11 Ase Fss.$56.00 Doc Fes:0.00 GARFIELD COUNTY CO , 9 Ot 9 Attached to and made a part of that certain Memorandum of Grant of Easement dated"„L., 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company ly SECTION29, 70)WQSHIP6SOIJTI4 RANGE .66 WEST afthe 6th PJS, GARFIELD COUNTY, COLORADO EASIMENT INSCRIPTION A 50.00 FOOT %NDE PERMANENT EASEMENT FOR PIPEUNE PURPOSES ACROSS LOTS & 7 OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 98 WEST, of the 6th P.M., GARFIELD COUNTY, COLORADO. SAID EASEMENT.BEING 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERUNE: COMMENCING AT THE NORTHEAST SECTION CORNER OF SAID SECTION 29. THENCE SOUTH 27'3123" WEST, 2978.39 FEET TO THE POINT OF BEGINNING AND A POINT ON OR NEAR THE NORTH LINE OF SAID LOT7; THENCE SOUTH 121531" EAST. 160.64 FEET; THENCE SOUTH 26'38'51' EAST. 880.48 FEET; THENCE SOUTH 4rsvor EAST, 325,49 FEET; THENCE SOUTH 71'11'41" EAST.147.18 FEET; THENCE SOUTH 11'5216" EAST, 217.81 FEET; THENCE SOUTH 311635 EAST, 151.99 FEET TO THE POINT OF TERMINUS AND A POINT ON OR NEAR THE SOUTH LINE OF SAID LOT 6. SAID EASEMENT IS 1.663A7 FEET IN LENGTH AND CONTAINS 1.909 ACRES, MORE OR LESS, RIFFIN & ASSOCIATES, INC. i4U&KMel t ROON8PRING4 wraaOF Prral amass D.R.G. 451-14466 WILUAMS' PRODUCTION IIMT COMPANY CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUICKETT LAND COMPANY JollAwl+6Y: aw !CREWED BY: DATE: 0411357 APPROVED BY: DATE DATE: 8CAE: r. toxo' NUfallt 14466-ROWO5 II11lARIMAInt 3/411,Wiri11rARIkill'i 11111 Receptionk: 727739 07f11f2007 03:54:39 P11 0: 1948 P: 0924 Joan Rlberloo 1 of 7 Pec Fee:$36.00 Dao Foe:0.00 GARFIELD COUNTY CO COMPRESSOR STATION/PLANT SITE LEASE AND AGREEMENT (CRAWFORD TRAIL COMPRESSOR FACILITY SITE) State: Colorado County: Garfield Lessor: Puckett Land Company Lessor's Address: Attention: Mr. Ray Anderson 5460 South Quebec Street, Suite # 250 Greenwood Village, Co, 80111 Lessee: Bargath Inc. Lessee's Address: c/o Williams Production RMT Company 1515 Arapahoe Street, Tower 3, Suite 1000 Denver, CO 80202 Effective Date: June 18, 2007 In consideration of the sum provided below, to be paid by Lessee to Lessor, each named above, Lessor grants, leases and lets to Lessee the tract of land (the "Lands") for the Crawford Trail Compressor Facility Site located in the county and state named above, and described as follows: (See Exhibit "A" attached hereto and made a part hereof) This Compressor Station/Plant Site Lease and Agreement (the "Lease") shall be for a primary term of ten (10) years (the "Primary Term") from the Effective Date stated above. With the execution of this Lease, Lessee has paid to Lessor the sum described in that certain Letter Agreement dated June 18, 2007 between Lessor and Lessee, as consideration for the full Primary Term of this Lease. At any time, but no later than one year prior to the end of the Primary Term, Lessee, at its option, may extend this lease for an additional term of ten (10) years by paying the amount to Lessor as described in the Letter Agreement dated June 18, 2007 between Lessor and Lessee. Lessee agrees to furnish Lessor a recordable Release of the rights granted under the terms of this Lease at the termination of this Lease. As part of the consideration for this Lease, Lessee agrees to indemnify and hold Lessor harmless from any and alt claims, damages, suits or obligations, claimed or asserted against or damages incurred by Lessor by reason of Lessee's operation or business on the Lands and against any and all parties asserting such claims, and to defend Lessor in any and all suits brought against Lessor by reason of Lessee's operations on the Lands, all at Lessee's expense. Lessee covenants and agrees to pay any taxes which may be levied upon or assessed against structures, fixtures or other equipment which may be built or installed on the Lands by Lessee. This is a surface lease only and shall not be construed to limit Lessor's right as the owner of minerals in and under the Lands. Without restricting or limiting the general and exclusive rights, privileges, powers, purposes and uses granted to Lessee, by the enumeration of the matters set out below, it is specifically agreed that the Lands leased pursuant to this Lease may be used, occupied and enjoyed by Lessee for the following purposes: Constructing, erecting, installing, operating, maintaining, inspecting, using, replacing, repairing, moving on and removing from the lands a compressor station and/or gasoline plant and/or gas purifying, dehydrating, treating and cleaning plant and all buildings, warehouses, garages, storage facilities and structures of whatever kind, together with any machinery, engines, pumps, equipment, appliances, facilities, meters, pipes, regulators, fittings, gate valves, blow off valves, gate boxes, boilers, stills, heaters, drips, cooling towers, pipelines, telephone lines, electric transmission lines, and any other structure (collectively the "Facilities") as may be necessary, convenient, or desirable to Lessee in its operations in carrying on its business in which it is now engaged or may hereafter be engaged. Lessor agrees that Lessee may have nonexclusive use of the existing roads on Lessor's lands shown on the Page 1 of 4 iel"511 w'. t'hane.41 Tadd Va Williams Production RMT 1515 Arapahoe S't.. Towcr 3 #1800 nenver. CO 90202 1111 hA,P�17411,1413` Wl 'rl 114111111111 ReceptkonR: 727734 07f11J20o7 08:54:39 PM 6, 1946 P: 0925 Jean Albrrloo 2 or 7 Rao Fee. ;36.06 Doc For:0.00 GARFIELD COUNTY CO attached Exhibit "A" for the purpose of accessing the lands and the Facilities, with the right of ingress and egress for such use and purposes at all times that is subject to the use of Lessor and to any agents, employees, contractors, servants, and assigns of Lessor. Lessee shall submit all plans for construction of any such improvements and shall obtain Lessor's prior written consent. Lessee is granted the right to lay, repair and remove lines of pipe for water across the lands, and erect and maintain telephone lines and electric transmission lines on the lands, at a reasonable consideration or compensation as determined by Lessor in Lessor's sole discretion to be paid to Lessor, with the right of ingress and egress over existing constructed roads for such use and purposes at all times. Notwithstanding the foregoing, the routes for such water pipelines, telephone lines, and electric transmission lines shall be subject to the prior written approval of Lessor. Lessee shall have the right to do and perform any act on Lessor's adjacent lands as may become necessary to protect Lessee's property in case of flood or fire, and to prevent the spread and loss of oil and other liquids. Lessee warrants and agrees that it will comply with any and al! laws, ordinances, orders, rules, regulations, standards and licensing requirements of any state, federal, municipal or local authority or agency, now in force and effect or which may be passed, enacted, issued, revised, required or later promulgated, incident to or arising out of or in any way connected with Lessee's utilization of the Lands or any activity conducted under, pursuant to or by virtue of this Lease. Lessee agrees that it will not discharge, dump, bury or store for purposes of disposal, pollutants of any kind on the Lands or into or on any water on, adjacent to or in the area of the Lands, including, but not limited to, pollutants such as oil, chemicals, toxic substances or materials, hazardous wastes or hazardous substances, including pollutants as the same may be defined in any Federal, state or municipal laws, rules, regulations or ordinances. Lessee specifically agrees to fully indemnify and hold Lessor harmless from and against all claims, demands, losses, costs for removal andlor cleanup of pollutants, judgments, causes of actions, fines, penalties, costs, including, but not limited to, attorneys' fees and costs of court, arising out of or connected with Lessee's noncompliance with the terms of this Lease. Lessee shall not allow the use, possession, transfer, purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Lessee or its contractors, sub -contractors, or agents while on the Lands or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and other weapons upon the Lands or adjacent lands is absolutely prohibited. No hunting, trapping, or fishing is permitted on the Lands or adjacent lands and no such rights are granted by this Lease. Any notice, written demand or request to be given to Lessor or Lessee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended. Notice shall be deemed given upon receipt. Puckett Land Company Attn: Ray Anderson 5460 S. Quebec St., Ste. 250 Greenwood Village, CO 80111 Phone: 303-773-1094 Fax: 303-773-1157 Bargath Inc. c/o Williams Production RMT Company 1515 Arapahoe St., Tower 3, Ste. 1000 Denver, CO 80202 Phone: 303-572-3900 Fax: 303-629-8281 Lessee has the right, upon the expiration of the Primary Term of this Lease, or any extension thereof, as the case may be, within six (6) months after that date to remove any and all buildings, fixtures, above or below ground pipelines, structures and equipment which it may have placed on the Lands, provided all rentals have been paid. If any such buildings, fixtures, above or below ground pipelines, structures or equipment have not been removed within six (6) months after that same date, at Lessor's option Lessee shall (1) reimburse Lessor for Lessor's reasonable costs of destruction, removal and cleanup of such buildings, fixtures, above or below ground pipelines, structures, and equipment, or (ii) convey all of Lessee's right, title and interest to such buildings, fixtures, above or below ground pipelines, structures, and equipment to Lessor. Lessee agrees that upon the termination of this Lease for any reason, it will, if requested by Lessor, remove any or all structures, buildings, fixtures, above or below ground pipelines, structures and equipment which it may have placed an the Lands, clean or remove any contaminated or polluted soils and surface or subsurface materials, leve! the surface of the Lands, and restore vegetation with species that are consistent with adjacent undisturbed areas, all at Lessee's sole cost and expense. This Lease and all matters pertaining hereto, including, but not limited to. matters of performance, non-performance, breach, remedies, procedures, rights, duties and interpretation or construction, shall be governed and determined by the laws of the State of Colorado. Page 2 of 4 1111 RI E151711VNINI,1 11,41 410111411411I4 11111 Reeept10r#: 727739 07/1112007 93:54;39 PM a: 1960 P: 0926 Jean A berioo 3 of 7 Rao Fea:$36 00 Dao Fee:0.G0 GARFIELD COUNTY CO Notwithstanding anything herein contained to the contrary, the rights granted to Lessee herein shall be non-exclusive; Lessor shall have the continuing right to access the Lands and to use the property for any means which do not unreasonably interfere with Lessee's operations on the Lands. This Agreement is subject to all contracts, leases, liens, easements and encumbrances or claims of title which may affect the Subject Lands and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. The terns and provisions alibis Agreement shall extend to and be binding upon the parties, their respective heirs, successors, legal representatives and third -party assigns; provided, however, no assignment by Lessee of the rights or obligations hereunder shall be made without Lessor's prior written consent. If Lessor consents to such assignment, it shall not be effective until Lessor has received an instrument or letter executed by Lessee and its assignee evidencing that such assignment has occurred and that such assignee has assumed all the obligations hereunder. Following written notice to Lessor and subject to its consent, Lessee shall have the right, to assign this Lease to any affiliate or subsidiary. The occurrence of any one or more of the following events, if not remedied shall constitute a default and breach of the Lease by Lessee: a. The vacating or abandonment of the Lands by Lessee, without payment of rent. b. The failure by Lessee to make any payment of rent. c. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease. In the event of any such default or breach by Lessee not timely cured, then such default or breach shall cause this Lease, at the option of Lessor, to terminate under the terms provided herein. The waiver by lessor of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Lease. The parties have executed this Lease the day and year indicated below but effective on the Effective Date set forth above. LESSOR LESSEE Puckett Land Company _ Bargath Inc. By By: •A& Nair Afrr e.40 A aueerzBAr-rte N . Josep :arrett Title: President Title: Assistant Secretary Page 3 of4 III! IY4 IVIIVIAJ1141 P141411 1 7 4 11111 Receptions: 727739 07!71!2009 03:54:39 PR B: /949 P: 0927 Jean AIberloo 4 of 7 Rea Fee 536.00 Doc Fee:0.00 GRRFIELD COUNTY CO ACKNOWLEDGEMENTS STATE OF COLORADO ) COUNTY OF ARAPAHOE ) Before me, a Notary Public, in and for said County and State aforesaid, I do hereby certify that rdi..+ it, RTtMctiGe, whose name is subscribed to the foregoing instrument as president of Puckett Land Company., a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this/F day of June, 2007 My Commission Expires: (SEAL) RAYMOND S. ANDERSON 'NOTARY "USW • cotOSADO 'My aonwnre; n &pees• 0410411900 STATE OF COLORADO ) COUNTY OF DENVER Public Before me, a Notary Public, in and for said County and State aforesaid, I do hereby certify that Joseph P. $arrett, whose name is subscribed to the foregoing instrument as Assistant Secretgry of $argath. Inc., a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal thisalday of June 2007 My Commission Expires: } d 1 'j Po �,. A . . (SEAL) Notary Public Saw A &tliea Notary PPM1c-seer of Conrado 1513 Arapahoe Shed.Tcw row.). MOO arrow, CO 80202 My Conad$tdl fi:pf et:14Y12lf0 Page 4 of 4 IIIIIKIIWH1N,Pi1iettEM1.141104 Illll Reception!!: 727739 07/11/2007 08.54:39 PM B: 1948 P: 0929 Jean Alberloa 5 of 7 Reo Fss:f35.00 Doe Fes:0.00 9RRF1ELD COUNTY CO EXHIBIT "A" (1 of 3) Attacbed to and made a part of that certain Compressor Station/Plant Site and Agreement dated June I $, 2007, by and between Puckett land Company and Williams Production RMT Company. SUWON 11,101WISHII,i5OUII74R4M7E 7WThT,slim ilk FJL GAMED COMM; LO1.014100 LCA +Q ser0" MONUMENT ci>DW MOO FOUND mommeir MONTER CORNER NO1Z 1.j DRAWING REFEREED TO NA4727 TUM/PM ONCEPa WL ALL DISTANCES SHOWN AAE GREDOOr 2 }LAIIDOVNRR INFORMATION SMOMNIMENDONSMmU'ON INFORMATION PROVIDED IIY GARFIELD COUNTY ASSESSOR WED DIM MAP 2195 HIEV t 4O2COS. STATEMENT OFSlAItVZYO1i LARRY O. 90DFFEL r snuffs NE IS EYOCCUM7P. W NERiR9MAEO LARD suR4EroR 61ROVIED fir 1MRLLLM PRODIJCTFONNMI COMFANY TO AIWA SURVEY OF THE ~CM AS assaweeomo ammo al TFW MIP TNATTT1ESU R EY0F SAD NOV NfASAD10 UPCE Ttpl S IFINV MONAAOAUTHORITY, COMMENCING _ , MAW TINT sf,CN SURVEY 19 ACCDR4TEL r THf1s DOA 41€RIFFIN & ASSOCIATES, INC. fsf4 n.stsmsztr, HMoewww111siC Wriielaf D.R.G. J05f-14103 DRAWN ST: VA DATE: 12/1999 CltCK9D er:1.0a DATE: IVOR APPROVE/ STI.O3I DATE 12/17a SGL!: 1• .wN• WILLIAMS PRODUCTION RMT COMPANY CRAWFORD TRAIL COMPRESSOR STATION A PARCEL vk T iiN LANDS OF PUCKETT LAND COMPANY aures "Mk 14703ROW01 WNW "A' 1OF3 1 1111IYr~'111014 X1411.WilloilAM/J.0' X14111 ON 11 11 1 Reeeplionq: 727730 97/11/2007 03:94:39 PM 8: 1940 P: 0929 Jean 0fberico 8 of 7 Roo Fea:636.00 Coo Fee:0.00 GDRFIELD COUNTY CO 4y- EXHIBIT "A" (2 of 3) Attached to and made a part of that certain Compressor Station/Plant Site and Agreement dated June i , 200'7, by and between Puckett land Company and Williams Production RMT Company. SECTION?3, TOWNSHIP d SOUTIh RANGE97 WEST, of the dth GARS ELD COMFIT, COLORADO \ ' '3, 6 S 46"35'31' E J6, X °'\ s S ,inti� #4 101i,.,l;��. '\ #5 / F \ / /' / 4, PARCEL CORNER #1 2" A/C 5/8' REMAR (TYPICAL) 44. DETAIL 1 • S 38'29'44• 6!1,30• CRAWFORD TRAIL COMPRESSOR STATION PARCEL 759.507 SQ, FT. OR 17.436 ACRES N 46'53'31' Vl 12o2.29' • ---- 6AS GAS --- GAS 12e GATHERING PIPELINE WPRAIT---GAS — GAS --........L ; �p�y t}�E PARACkl1T✓: LATERAL-- ..... - - • - - • ••-.41-..„,(. res -S 6*S -- ws -- - w:s -- ---;IG' pARACFRr1E LATERAL WNMIPL -- -GAT -•--•�.-••--.--•--•--ROW UNE PARACHUTE LATERAL •-•--.--•- ,` \ / \ t ' �, elt • / . ti4//e / /4. reo 51CALC rn I.R 200' 200' digic1414 ELM STREET, ROCA' SP JNOS, WV 82901 PHONE(9G7) 882 Bo28 D.R.G. JOB1-14703 RIFFIN & ASSOCIATES, INC. WILLIAMS PRODUCTION RMT COMPANY CRAWFORD TRAIL COMPRESSOR STATION A PARCEL WITHIN LANDS OF PUCKETT LAND COMPANY DRAWN BY: LG8 CHECKED BY: LGB DATE:12/121D6 APPROVED BY: LG81 DATE:12/12109 DATE 12/1206 SCALE: l'.200. DHAWNG "wMnm 14703-ROW01 EXHIBIT'A" 20F3 11III III N1`U11011 hl .1411.i14;1011f r`hilf.1l4 III N I Reoepllonl: 721739 077 of 7 Poo 2007 Fee:$3S900 Doc Feei 0A@09enartEL4 COVN7YcCO EXHIBIT "A" (3 of 3) Attached to and made a part of that certain Compressor Station/Plant Site and Agreement dated dune it, 2007, by and between Puckett land Company and Williams Production RMT Company. SECITON2Y, TOWNSH P6SOUT$ LANGiE97 WES1; aline 6tb P.AL GlRFIELD COUNTY, COLORADO STATEMENT OF SURVEYOR: PARCEL LEGAL DESCRIPTION A parcel of land for compressor station and appurtenant use situated in the Northwest Quarter of the Southeast Quarter, the Southwest Quarter of the Southeast Quarter and the Southeast Quarter ofthe Southeast Quarter of Secrion 23, Township 6 South, Range 97 West of the Bth PiincIpal Meridian, Garfield County, Colorado, said parcel being more particularly described as follows: Commencing al the Southeast Section Comer of said Section 23, thence N88'1802W 2638.41 feet along the South Line of said Section 2310 the South Quarter Section Comer of said Section 23, from which the Southwest Section Comer of said Socdon 23 bears N38°16'15'W 2632.58 feet, thence N14'0853"E 958.81 feet to the Point of Begi ming, the most Westerly confer of the parcel and e 2" aluminum cap and rebar (Comer 61). thence N68'"1928"E 378.50 feet to a 2" aluminum cap and rebar (Corner #2); thence N48°1 T58'E 588.21 feet to a 2' aluminum cap and rehar (Comer #3) and the most Nodhedy comer of the parcel; thence S76'55'31"5100.00 feet to a 2" atunrlinum cap and rebar (Comer #4); thence S46°56'31"E 137.35 feet to a 2° aluminum cap and rebar (Comer #5); thence 816"55'31 "E 100.00 feet to a 2" aluminum rap and mbar (Corner #6); thence S18'4014"W 439.69 feet to a 2' aluminum cap and rebar (Comer #7); thence S38"28'44"E 611.30 feet to a 2" aluminum cap and rebar (Corner #8), the most Eaatedy corner of the parcel and a point 25.0 feel more or less, Northwesterly of the centerine of an existing access road; thence 25.0 feet, more or less, Northv esterty of and parallel with said access road centerline S53'391 OW 100.00 feet to a 2' aluminum cap and rebar (Corner #9); thence $66°41'50W 100.00 feet to a 2" aluminum cep and rater (Comer #10); thence S56°56'59"W 100.00 feet to a 2' aluminum cap and rebar (Comer 011): thence 553°17'33' 153.34 feet to a 2" aluminum cap and caber (Comer #12)and the most Sw%f edy corner of the parcel; thence departing said access road end following a line 25.0 feel, more or less. Northeasterly of and parallel with a ehdstng W8 ams Production RMT Company 12" buried gas pipeline N46'55'31 West 120229 feet to the Paint of Beginning. Said parcel contains 759,507 square feet or 17.436 acres, more or less. PARCEL NOTES 1. SOUTHWESTERLY UNE OF' PARCEL (PARCEL CORNER #12 TO 01) ESTABLISHED AT NOMINAL 25.0' OFFSET FROM APPARENT CENTERLINE OF EXISTING 12" WILLIAMS PRODUCTION RMT COMPANY PIPELINE. SOUTHWESTERLY LINE OF PARCEL ALSO AT NOMINAL 75.0' OFFSET FROM CENTERLINE OF EXISTING 30" WILLIAMS NORTHWEST PIPELINE PARACHUTE LATERAL PIPELINE. 2. THE EXTERIOR NORTHWESTERLY LINE OF PARCEL (PARCEL CORNER #1, #2 AND #3) AND THE INTERIOR SOUTHEASTERLY A140 NORTHEASTERLY LINE (PARCEL CORNER #6, #7 AND 8#) ESTABLISHED AT CONTOUR FOLLOWING NOMINAL ELEVATION OF 8435.0'. 3. THE EXTERIOR SOUTHEASTERLY (PARCEL CORNER #8, #9, #10. #11 AND #12) 15 ESTABLISHED AT A NOMINAL 25.0' OFFSET FROM THE CENTERLINE OF THE EXISTING ACCESS ROAD. 4. THE EXTERIOR NORTHEASTERLY LINE (PARCEL CORNER #3, #4, #5 ANO #6) HAS BEEN PARALLEL OFFSET 50.0' TO THE NE AND CHAMFERED AT THE ENDS TO ACCOMMODATE DAYLIGHT GRADING LINES AND CUT SLOPE DEVELOPMENT LIKELY FOR THIS AREA. 5. RESULTING L—SHAPE IRREGULAR PARCEL (NON—PARALLEL AND NON—PERPENDICULAR LINES) IS A RESULT OF CONTOUR, ROAD AND EXISTING PIPELINE FOLLOWING DESIGN. ALTHOUGH NON—TYPICAL, THE IRREGULAR SHAPE PARCEL WILL SERVE TO OPTIMIZE GRADING DESIGN AND AREA UTILIZATION FOR THE SIGNIFICANT TERRAIN RELIEF AFFECTED PARCEL. PARCEL AS HAS SURVEYED MINIMUM AND MAXIMUM SURFACE ELEVATION OF' ±8427' AND *8477' (OR DIFFERENCE OF ±50'). LifRIFFIN & ASSOCIATES, INC. 1414 ax MEET, ROCK SPRING& WY B2p01 PHONE f907) 3624028 O.R.G. JOBS --14703 WILLIAMS PRODUCTION RMT COMPANY CRAWFORD TRAIL COMPRESSOR STATION A PARCEL WITHIN LANDS OF PUCKETT LAND COMPANY DRAWNBY: LGa DATE 12t1286 APPROVED BY: LOB I DATE: 12112r 4 CFECKED BY: Los DATE:12,1286 SCALE: NONE OPAWWG Maw 14703-ROW01 EXHIBIT 'A' 30F3 1I11 Q' I,VI.p"II1 ,N!" 11111 Recept,ion0: 741079 01!14!2006 01:46:12 PM Jean Alberico 1 of 5 Rec Fee $26.00 Doc Fee:0.00 GARFIELO COUNTY CO State of Colorado County of Douglas ) )ss. AFFIDAVIT John M. Hefner, of lawful age, being first duly sworn on his oath, states that he is President of Blue & Gray Resources, Inc., duly qualified to do business in the State of Colorado; that he is authorized to make this affidavit on behalf of said corporation; and that 1. Blue & Gray Resources, Inc. ('BGRI') and Petroleum Development Corporation ('PDC') entered into a Location Fee and ORRI Agreement, Haystack Ranch Property, Puckett Land Co. {'Agreement') dated November 21, 1999, which is attached as Exhibit "A" attached hereto. 2. Said Agreement provides for payments of a location fee by PDC upon the occurrence of certain events as set forth in said Agreement in the development of the Haystack Ranch Property. 3. The Haystack Ranch Property ("Property") is depicted on the map attached hereto as Exhibit B and can also be described as: Townshie 6 South. Ranee 96 West. 6th P.M. Section 19: SW/4 Section 30: 512 Section 31: W/2 Township 7 Southh_Ranee 96 West, 61h P.A. Section 6: E/2, SW/4 Section 7: N/2, SE14 Section 13: part of W/2 Section 14: E/2SE/4 Section 17: NW/4 Section 18: N/2 Section 23: part of NE/4 Section 24: part of NW/4 Townshlo 6 South, Rana* 97 West. 6th P.M. Section 23: E/2, SW/4 Section 24: All Section 25: M Section 26: All Section 35: All Section 36: All Township 7 South, Ranee 97 West. 6th P.M. Section 1: All Section 2: All Section 11: NW/4, N/25/2 Section 12: N/2, N/25/2 ■iiIIIY'i�'4#[��iI�,P��'Ip�if�l�l�fill�r`!l'G4111',iii� •1111 Reception#: 741078 rico 21of452008 01;9:12 PM Rec Fee4E26.00 Doc Fec,0.00 GARFIELD COUNTY CO 4. Said Agreement provides provides for the assignment of a 1% of 8/8ths (one percent of eight eighths) overriding royalty interest from PDC to BGRI on any well drilled on a "valley" location by PDC on the Property. Said "valley" location is defined as as any well accessed from the valley which can also be described as; Township 6 South. Range 96 West. 6"' P.M. Section 19: SW/4 Section 30: S12 Section 31: W/2 Township 7 SouthJange 96 West 6"' P.M. Section 6: E/2, SW/4 Section 7: SE/4 Section 13: part of W/2 Section 14: E/2SE/4 Section 17: NW/4 Section 18: N/2 Section 23: part of NE/4 Section 24: part of NW/4 Township 6 South, Range 97 West. 6th P.M. Section 24: E/2 Township 7 South. Range 97 West. 6th P.M. Section 1: E/2E/2 Section 12: NE/4 5. Said Agreement provides for the assignment of 0.5% of 8/8ths (one-half of one percent of eight eighths) overriding royalty interest from PDC to BGRI on any well drilled on a °mesa" location by PDC on the Property. Said "mesa' location is defined as any well accessed from the mesa which can also be described as; Township 7 South, Range 96 West. 6"' P.M. Section 7: N/2 Township 6 South. Range 97 West, 6"' P.M. Section 23: E12, SW/4 Section 24: W/2 Section 25: All Section 26: All Section 35: All Section 36: All Township 7 South. Range 97 West 6t P,M. Section 1: W/2, W/2E/2 Section 2: All Section 11: NW/4, N/2S/2 Section 12: NW/4, N/2S/2 i 1111 I Q' I ��� ��� �I 'JIl ;4 'Il4E II�>k Iil�li 1I 1I i Reeeption#: 741079 01/1412009 01:48:12 PM Seen Alberlco 6 of 6 Roo Fee:$28 00 Doc Fee:0.00 GARFIELD COUNTY CO 6. The overriding royalty interests provided for by the Agreement shall be calculated on a "ner basis and shall bear its proportionate share of taxes, third party compression, gathering and transportation charges. 7. This Affidavit is recorded for the purpose of giving notice of the Agreement and the interest of BGRI in the Property. Further affiant sayeth not. Subscribed and sworn to before me th• is \' day of Witness my hand and official seal. My commission expires: My Comrnimion ExoIron 11128/2010 John 2008. N ary Public: loo Eittr Mr. John M. Hefner Blue & Gray Resources, Inc. 10304 Sunflower Drive Parker, CO 80314 1111 r 1.1011711I41M1111111 ReCeptionll: 741078 01!1412008 01:40:12 PM Jean Alberico 4 of 5 Rea Fae:$26.00 Doc Fes:0.00 GARFIELD COUNTY CO Petroleum Development Corporation 103 East Main Street P. O. Box 26 Bridgeport, West Virginia 26330 Phone: (304) 842.3557 November 21,1999 RE: Location Fee and ORRI Agreement, Haystack Ranch Property, Puckett Land Co. Dear John: Petroleum Development Corporation (PDC) and Blue & Gray Resources, Inc. {BGRI) hereby agree to the following: • PDC agrees to pay ROM the sum of 610,000 dollars ugron execution of an agreement with Puckett Land Co. (PLC) and payment of any monies due PLC. Payment to BGRI will be non.ref nndable. ▪ PDC agrees to pay BGRa a location fee in the amount of 66,000 dollar's for each well spudded by PDC under an *Averment with PLC to develop the Haystack Ranch Property lapproximetely 7,600 acres). ▪ PDC agrees to assign to BORT an overriding royalty Interest (ORRI) of 1% of faille (one percent of eight eigtths) on any wen drilled in a "valley" location by PDC on the Haystack Ranch Property. A "valley" location is defined as any well accessed from the valley. • PDC agrees to assign to BORI an overriding toyattyirderest (ORR) of 0.5% of 818th: (one-half of one percent of eight eighths) on any well dulled on a "mesa" location by PDC on the Haystack Ranch Property. A "mesa" location is defined as any well accessed from the mesa. • The ORRI identified above will be calculated on a "ret" basis. The ORRN will bear a proportionate share of all taxes, third party compression, gathering and transportatlan charges. The above items represent the entire agreement between PDC and BGRI. Modifications to this Letter Agreement may be made with the mutual written consent of both parties. If the foregoing represents your understanding of our agreement please indicate your consent by executing this Letter Agreement in the space provided below. If you do not agree with the items outlined above please contact PDC at your earliest convenience. Very truly yours, PETROLEUM DEV PMENT CORPORATION Eric R. Steams VP, Exploration and Development ACCEPTED AND AGREED TO BY: Blue and Gray ources, Inc. ÷, BY: John • 137W • • • • • • • • • • • • • 19 • • • • • -58-0-6W- „ • 5t7 -0F/ • A A r r 6S -97.W • • VARVA • • • • % • • • _ . 17g,, --•—. . : —. . • • • • i •• • • • • • • •I'' • '• • • • • • • • • 0 • • * • • • • • 1 • • . • • •• • , • • • • • 1 ,.• , • • .• • •• : . • • • • • • • • • 7S -97W GARFIELD COUNTY LEASEHOLD WAIF IELD CI:WM, -COLORADO Bak 3,0047 COSS raw 6.11Si ONO v•d•hid 7/1SIS r I AL • k- 1: 1. r;t 7S • 96W• • •3 • • • s • 1 a • • • • • s • •• :41„ • • •• .7 • • • • s_ 16. • • • • • • • i EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS EASEMENT AND RIGHT-OF-WAY AGREEMENT is entered into and effective the 1' day of February, 2008, between Puckett Land Company, 5460 South Quebec Street, Suite #250, Greenwood Village, CO 80111 ("GRANTOR") and Marathon Oil Company, 5555 San Felipe, Houston, Texas, 77056 ("GRANTEE"). RECITALS A. Grantor represents but does not warrant that it owns an interest in the surface estate to the property described below ("Subject Lands") and located in Garfield County, State of Colorado described as follows: Township 6 South, Range 97 West, 6th Principle Meridian Section 24: N/2NW/4 B. Grantee desires to obtain a pipeline easement ("the Easement") for the purpose of constructing, maintaining and operating up to four (4) pipelines for the gathering and/or transportation of oil, gas, water (fresh and produced) and other hydrocarbons across the Subject Lands. AGREEMENT In consideration of the foregoing recitals and the terms, covenants and conditions contained herein, Grantor and Grantee agree as follows: CONSIDERATION: For and in consideration of the sum of Ten Thousand Dollars ($10,000) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey to Grantee the use of a right- of-way to install, maintain, operate and replace up to four (4) pipelines, which is herein recited and reflected on the attached Exhibit "A". PIPELINE & RIGHT-OF-WAY: An easement and right-of-way to construct, lay, maintain, modify, operate, alter, replace, remove pipelines as described herein, including but not limited to valves, regulators, meters, separators, purification equipment and pipelines with fittings, appliances, and appurtenant facilities. Staging areas are not granted under this easement, The pipelines shall be used for the transportation and processing of oil, natural gas, water (fresh and produced), petroleum products or any other liquids, gases or substances which can be transported through a pipeline and for no other purpose. The centerline of the route for the pipeline easement granted herein is depicted on Exhibit "A", attached hereto and made a part hereof. Said easement and right of way shall be fifty feet (50') in width, for a total distance of approximately one hundred forty-four rods (144 rods). The pipeline route as shown on Exhibit "A" is subject to change upon receipt of a final survey, a certified copy of which shall be provided to Grantor at no cost. During the construction of said pipelines, an additional, temporary easement totaling twenty-five (25) feet in width, comprised of an additional twelve and one-half (12.5) feet on each side of the easement centerline, is hereby granted. Except where Grantee's activities will interfere with irrigation ditches, streams or creeks, Grantee shall bury the pipeline with a minimum of forty-eight inches (48") of soil from the top of the pipeline to the normal surface of the ground. The affected areas shall be recontoured and reseeded with species which are consistent with adjacent, undisturbed areas upon completion of pipeline construction to prevent erosion. Grantee shall be permitted to cut all undergrowth and other obstructions that may injure, endanger or interfere with the use of said pipelines. Grantee may request from time to time, to lay within the right of way described above an additional line(s) of pipe similar to or different in size from and alongside of the line herein mentioned. Grantor reserves the right to approve such request on a case-by-case basis. Upon such approval Grantee shall pay Grantor, his heirs or assigns for each additional line a sum of money equal to the consideration paid for the first Pipeline and Right -of -Way easement within 30 days of such written approval. PUCKETT LAND COMPANY 1 of 6 11/01/2007 1 1 Grantor reserves the right to the full use and enjoyment of the Subject Lands except for the purposes herein granted. Such rights reserved to the Grantor may include the conducting of haying, irrigation, and grazing operations, and Grantee agrees to coordinate post construction and maintenance operations with haying and ranching operations. In no event shall the location of this Right -of -Way unreasonably interfere with use of the Subject Lands for commercial development of any kind, or oil, gas, and oil shale development. The foregoing rights and privileges of Grantee are further conditioned upon the following: 1. DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its operations on the Subject Lands relative to growing crops, buildings, ditches, fences and livestock of Grantor or Grantor's surface lessees. If Grantee makes any fence cut on the Subject Lands, it will install and provide for secure closure of gates. All gates of any kind or nature shall be kept by Grantee in the condition in which they were found upon entry. If Grantee discovers an open gate then Grantee will close the gate and notify Grantor. All equipment or appurtenances to the pipeline or wells, which shall be on or above the surface of the ground, shall be installed in a manner to protect the livestock of Grantor or Grantor's surface lessee when necessary. Grantee shall not alter the natural flow of any creeks, streams, or irrigation ditches relative to the Subjects Lands. Grantee shall notify Ray Anderson with Puckett Land Company of any activity that may impact Grantor's use of the Subject Lands and adjoining acreage. 2. OPENING AND RESTORATION OF FENCES: Opening and restoration of Grantor's fences shall be made at Grantee's sole cost, risk and expense as follows: 2.1. Prior to cutting grantor's fences, at each fence opening Grantee shall tie the existing fence into a three -post, pipe "H" brace built pursuant to the following specifications: 2.1.1. Eight foot (8') by six inch (6") treated posts shall be set at least forty-two inches (42") in the ground and shall be braced to take the strain. 2.1.2. Center crosses shall he placed a minimum of thirty-six inches (36") above the ground. 2.2. Grantee shall install fence stays every four feet (4') in all temporary gates installed in Grantor's fences. 2.3. Grantee shall install a fence around ail mud pits. Said fence shall have pipe "H" braces with five wires. Grantee shall install posts every twelve feet. 2.4. Grantee shall be responsible for preventing Grantor's livestock from escaping from or enabling livestock of others from entering through any fence openings resulting from Grantee's construction activities. If a gate is left open, Grantee is responsible for the cost involved in gathering the cattle that escaped, including the actual costs for cowboy(s) needed to recover any escaped livestock plus reimbursement for any damages. If it is determined that the livestock can not be recovered within a cost effective amount of time, Grantee shall have the option of compensating the Grantor for the actual loss incurred due to the loss of livestock instead of continuing to attempt to recover the livestock. 2.5. Upon Grantee's completion of the construction, repair, maintenance, or alteration of the pipelines, Grantee shall promptly rebuild or repair any affected permanent fences equal to or better than the existing fence. Both Grantee and its contractors shall first consult and obtain Grantor's approval for location of fence work, materials and construction applications. Grantee shall use 13A" staples, wood posts, Colorado Fuel and Iron (CF&I) heavy-duty steel posts and CF&1 barbed wire to rebuild Grantor's fence and consult with Grantor for approval of the fence builders that will do the fence replacement. 2.6. Fences shall not be considered equal to the existing fence if the posts have been undercut or brush has been shoved into the fence. If Grantee has disturbed the ground, plowed mud, or added other material within three feet of a fence, it shall be Grantor's judgment as to what fence is not equal to or better than the existing fence. 2.7. If requested in writing by Grantor, Grantee will also install pipe cattle guards of sufficient size and substance to bear Grantee's traffic and to turn all livestock. Such cattle guards shall not be installed without prior approval of Grantor and shall be installed in such a manner as to prevent water draining into the cattle guards, placed at a height so they are visible to cattle from reasonable distance, and shall be cleaned and otherwise maintained by Grantee. Quality metal gates shall be a minimum of ten feet in width, shall contain either a metal gate or electric fence and shall be placed across and adjacent to the cattle guards. PUCKETT LAND COMPANY 2 of 6 11/01/2007 1 3. • LIVESTOCK: If any of the Grantor's or Grantor's lessees' livestock are injured or killed by the direct or indirect actions of the Grantee or its employees, contractors, subcontractors or agents (such injury or death being verified by veterinary evidence), the Grantee shall pay the Grantor the veterinarian, medical or other costs to rehabilitate an injured animal, or reimburse Grantor or Grantor's lessee(s) the value of an animal killed or euthanased, according to the following schedule: 3.1. Cows: Replacement cost of a bred heifer or $1,000.00, whichever is greater; 3.2. Calves: Market value of 7001b. calf or $750.00, whichever is greater; 3.3. Bulls: $3,000.00 or the acquisition price for that animal, whichever is greater; 3.4. Dogs: Current market price or the acquisition price for that animal, whichever is greater. 3.5. Horses: Grantor shall maintain and provide to Grantee upon Grantee's written request, an Inventory of its horses as well as the horse's market value. Grantee agrees to reimburse Grantor the value of the horse based on the Inventory in the event the horse is killed by the direct or indirect actions of the Grantee. 3.6. Other domesticated Livestock: Then -current market price or the acquisition price for that animal, whichever is greater. 4. MAINTENANCE: All access roads, fences, and gates impacted by Grantee's use or operations which are subject to this Agreement shall be maintained by Grantee in as good condition as exists at the time of execution of this Agreement, ordinary wear and tear excepted. Grantor shall give Grantee written notice of degradation or damage to the Subject Lands caused by Grantee's operations. 5. WEED CONTROL: Grantee shall be responsible for controlling all noxious weeds, including without limitation, halo Eton, cocklebur, Canada thistle, knapweed species, leafy spurge, houndstounge, musk thistle and whitetop species on lands disturbed hereunder. Grantee shall also be responsible for preventing such noxious weeds from spreading to Grantor's lands adjacent to the easement. In the event such noxious weeds spread to Grantor's lands adjacent to the lands subject to the easement granted herein, Grantee shall be responsible for controlling the noxious weeds of those lands as well, provided that those portions of the Subject Lands affected by the construction of the right-of-way were free of such noxious weeds prior to such time of construction. If the lands immediately adjacent to the right-of-way are not free of such noxious weeds prior to construction of the same, Grantee's responsibility shall be limited to reasonable control of such noxious weeds on the lands within the easement. If Grantee locates or Grantor notifies Grantee of location of noxious weeds on the right-of-way, Grantee shall implement control procedures before noxious weeds go to seed. Grantee's responsibility for weed control shall be ongoing and shall continue for three (3) years after the easement has ceased to be used by the Grantee for the purposes herein granted. Such control procedures as set forth above shall at the very minimum conform to those established by the Bureau of Land Management. 6. NON-EXCLUSIVE USE AND RESERVATIONS: This Agreement and all other rights hereby granted are not exclusive to Grantee and are limited to the specific grant herein. This Agreement does not, in any way whatsoever, convey any water rights or the right to use water. Grantor reserves unto itself and its successors and assigns all rights not specifically granted to Grantee herein. Grantor may grant additional rights-of-way or easements on, over, across, under and/or through the Right -of -Way to any third party for any reason, in Grantor's sole and absolute discretion, so long as such grant does not interfere with Grantee's access rights as described in this Agreement. 7. AGRICULTURAL LIABILITY: Grantee shall take reasonable precautions to avoid damage to agricultural operations on or adjacent to the easement. Grantee shall have and assumes liability for all cattle, crops, or chattel lost as a result of Grantee's operations on the Subject Lands. 8. LOCAL SPECIES/HABITAT LIABILITY: Grantee shall have and assumes liability for all endangered species, protected species, wildlife habitat and bio -diversity damaged or destroyed as a result of Grantee's operations on the Subject Lands. 9. CULTURAL AND PALEONTOLOGICAL RESOURCES: Grantee is to engage the services of a cultural resource specialist to conduct a cultural resource inventory of the area of proposed surface disturbance following the guidelines of the Bureau of Land Management. Any and all resources inventoried shall be delivered to the Grantor. PUCKETT LAND COMPANY 3 of 6 11)01/2007 i 1 10, LIABILITY OF THE PARTIES: Grantee covenants and agrees to fully defend, protect, indemnify and hold harmless Grantor, its officers, directors, employees and agents, from and against each and every claim, demand or cause of action and liability, cost and/or expense (including but not limited to reasonable attorney's fees and costs incurred in defense of Grantor, its officers, directors, employees and/or agents), for damage or loss in connection therewith, which may be made or asserted by Grantee, Grantee's officers, directors, partners, members, employees and/or agents, or which may be asserted by any third party (including but not limited to Grantor's officers, directors, employees and/or agents), on account of personal injury or death or property damage caused by Grantee's use of the Subject Lands or the rights granted hereunder, except to the extent such damage or injury results from the actions of Grantor, its contractors, agents or assigns. Where personal injury, death, or loss of or damage to property is the result of the joint actions of Grantor or Grantee, Grantee's duty of indemnification shall be in proportion to its allocable share of such action. It is expressly agreed that the indemnity obligation specifically includes, but is not limited to, claims arising under the provisions herein entitled Agricultural Liability above, and all federal laws and regulations including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. &9601 et. seq. and amendments, Resources Conservation and Recovery Act, 42 U.S.C.A. &6901 et. seq. and amendments, Safe Water Drinking Act, 42 U.S.C.A. 300E et. seq. and amendments, Toxic Substances Control Act, 15 U.S.C.A. &2601 et. seq. and amendments, Clean Water Act, 33 U.S.C.A. &1251 et. seq. and its amendments, Clean Air Act, 42 U.S.C.A. & 7401 and amendments, Natural Gas Pipeline Act, 49 U.S.C.A. 1671 et. seq. and amendments, Hazardous Liquid Pipeline Safety Act, 49 U.S.C.A. 2001 et. seq. and amendments, and all state and local environment laws, rules, and regulations. Neither party shall be liable to the other for any damages due to fire, earthquake, flood, windstorm and other like casualty or other causes beyond its reasonable control, nor for damages caused by public improvements or condemnation proceedings. Notwithstanding the foregoing, neither party shall be required to settle a labor dispute against its will. 11. LAWS, RULES, AND REGULATIONS: Grantee shall at its sole expense comply with all federal laws and regulations as well as those of the State of Colorado and any other governmental authority having jurisdiction over Grantee's activities on the Subject Lands. Grantee shall deliver to Grantor copies of all permits, and cultural, botanical, and wildlife reports covering Grantor's land and adjoining Bureau of Land Management land. 12. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, transfer, purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Grantee or its contractors, sub -contractors, agents, while on the Subject Lands or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and other weapons upon the Subject Lands or adjacent lands is absolutely prohibited. 13. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or adjacent lands and no such rights are granted by this Agreement. 14. WATER RIGHTS NOT CONVEYED: This Agreement does not, in any way whatsoever, convey to Grantee any water rights or the right to use water found on, under or appurtenant to the Subject Lands. 15. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for damages to water wells, water tables, natural springs, running watercourses, and water tanks within 330' of the center line of the right-of-way insofar as damage can reasonably be determined to be the result of Grantee's operations. 16. ACCESS TO PIPELINE: Grantee agrees to install a tap on said pipeline in TBD (legal description). Grantee agrees to accept Grantor's gas at the tap on a best efforts basis. Grantor's gas must be of pipeline quality. Grantee and Grantor shall negotiate a gas gathering and processing agreement at rates not to exceed the rate charged by Grantee for other third party services in the area for like quality gas. 17. NOTICE: Any notice or written demand to be given to Grantor or Grantee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the PUCKETT LAND COMPANY 4 of 6 11/01/2007 -party for whom intended. Notice shall be deemed given upon receipt. Puckett Land Company Attn: Ray Anderson 5460 S. Quebec St., Suite 250 Greenwood Village, CO 80111 Phone: 303-773-1094 Fax: 303-773-1157 Marathon Oil Company Attn: Piceance Asset Manager 5555 San Felipe Houston, TX 77056 Phone: 713-296-3020 Fax: 713-235-6311 18. TERM: This Agreement shall remain in effect for a primary term ending December 31, 2009, and for so long thereafter as Grantee is using the Easement for the purposes described above. lf, after this primary term, operations for the transportation of natural gas cease for a period of more than twenty-four (24) consecutive months, then such operations shall be deemed not to be conducted and this Agreement shall terminate, except when non- use is caused by acts or circumstances beyond the control of Grantee. Following termination of this Agreement, it shall be Grantee's obligation to restore and reclaim all land affected by Grantee's activities to the extent required by applicable law or regulation established by the Bureau of Land Management or to its equivalent prior condition (ordinary wear and tear expected), whichever is greater, including, but not limited to, the removal of surface facilities. 19. GOVERNING LAW: This Agreement and all matters pertaining hereto, including, but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the laws of the State of Colorado. 20. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and Grantee and any prior oral representations or understanding concerning this Agreement or its subject matter shall be of no force and effect. This Agreement is subject to all currently existing contracts, leases, liens, easements and encumbrances or claims of title, which may affect the Subject Lands, and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. The terms and provisions of this Agreement shall extend to and be binding upon the parties, their respective heirs, successors, legal representatives and third party assigns, should Grantor consent to such third party assignments. Notwithstanding anything in this Agreement to the contrary, upon written notice, Grantee shall have the right, in its sole discretion, to assign this Agreement to any of its affiliates or subsidiaries. Additionally, Grantee may assign, on a non-exclusive basis, to Enterprise Gas Processing, LLC or another gas gatherer, transporter or purchaser, the rights granted herein to the extent of one pipeline authorized hereunder. All other assignments hereof shall require Grantor's prior consent, which consent will not be unreasonably withheld. 21. MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY: Grantee shall cause to be filled of record a fully executed and acknowledged original Memorandum of Easement and Right -of -Way, in a form reasonably acceptable to Grantor and Grantee, and shall promptly provide to Grantor a recorded copy thereof. Such Memorandum shall be recorded in the appropriate real property records of the county in which the Subject Lands are located. IN WITNESS WHEREOF, the parties have executed this Easement and Right -of -Way Agreement the day and year indicated below but effective on the date first set forth above. GRANTOR: PUCKETT LAND COMPANY Ai,-rr/.f O. Z -p3 y: Matthew A. 'urtzbacher, President ,4 Date: PUCKETT LAND COMPANY 5 of 6 11/01/2007 GRANTEE: MARATHON OIL COMPANY 414 By: o Jon D. Wilcox Attonloy-In.Fact 160 Date: ACKNOWLEDGEMENTS STATE OF f r,Ln,e.Aaa ) kohl,COUNTY OF kohl, PreEnF Before me, on this /5T. day of rE6,twR.cy , 2008, the foregoing instrument was executed by Matthew A. Wurtzbacher known to me to be the duly authorized President of Puckett Land Company, 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 set forth. Witness my hand and official seal. My Commission Expires: 7;120O6 STATE OF `j c .x 14 S )ss COUNTY OF KtyLitr f ) blic RAYMOND E: ANDERSON •NOW1Y PJrlue• • COLORADO 'Ay Ccemata,on &pave Before me, on this 4 / . day of re.LY'u instrument was executed by E. n rp . IA); authorized 11-4-11, e-rJYar(i,.1 (lite said execution to be the signer's free and voluntary act and de the uses and purposes therein set forth. Witness my hand and official seal. My Commission Expires: PUCKETT LAND COMPANY 11/01/2007 , 2008, the foregoing known to me to be the duly , Grantee, and acknowledged on behalf of said Grantee, for ?Al:USLAVA A MAPTINIZ Notary Pubilo State of Texit My Commlaabn Expires Ooto1>Or 13, 2D10 bli 6 of •i10'iA001.11144111414atiViAl 14 1111' 111111 Recept.ianq: 743636 OW27/2008 03:09:55 PM lean R18erico 7 of 7 Reo Fee:$96.00 Doc Fee:8. 00 GRRFIELD COUNTY CO P.0, BOX 820 WILLIAM H. SMITH & ASSOCIATES P.G. SURVEYING CONSULTANTS GREEN RIVER, WYOMING 82935 T 6 S R 97 W PLAT FOR PROPOSED SECTION 24 PLAN OF DEVELOPMENT MAP 550 EAST 2ND NORTH PH. 307-875-3638 FAX. 307-875-3640 LEGEND O G RMED T NOT FOUND Cft• FOLNND d.0 swavfr MARKER DIMING BUSED PPE1AfE -DENTE? UNE PROPOSED 50• JOB N0 26099 01/23/08 CED NEW SEC 24 PLAT REVISED.dwg UNE TALE FOR MAIN CORRIDOR LINE BEARING DIST. UNE 1 N 63'03'14" E 113.1 UNE 2 5 88'02'07" E 1980.6 UNE 3 N 443755" E 102.0 LINE 4 N 66'34.23" E 174.9 i 1111 M.ICIF11',NICGUP If4,i'tMAIVIV44MN 11111 ReceptlonN: 746240 0410412000 03:10:14 PM Jean Rlbarlee 1 of 7 Rae Fee:S36.00 Doc Fee:B.00 GARFIE10 COUNTY CO EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS EASEMENT AND RIGHT-OF-WAY AGREEMENT is entered into and effective the 86 day of November, 2007, between Puckett Land Company, 5460 South Quebec Street, Suite #250, Greenwood Village, CO 80111 ("GRANTOR") and Marathon 011 Company, 5555 San Felipe, Houston, Texas, 77056 ("GRANTEE"). RECITALS A. Grantor represents but docs not warrant that it owns an interest in the surface estate to the property described below ("Subject Lands") and located in Garfield County, State of Colorado described as follows: Township 6 South, Rang= 97 West, 6th Principle Meridian Section 23: All B. Grantee desires to obtain a pipeline easement ("the Easement") for the purpose of constructing, maintaining and operating up to three (3) pipelines for the gathering and/or transportation of oil, gas, water (fresh and produced) and other hydrocarbons across the Subject Lands. AGREEMENT In consideration of the foregoing recitals and the terms, covenants and conditions contained herein, Grantor and Grantee agree as follows: CONSIDERATION: For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey to Grantee the use of a right-of-way to install, maintain, operate and replace up to three (3) pipelines, which is herein recited and reflected on the attached Exhibit "A". PIPELINE & RIGHT-OF-WAY: An easement and right-of-way to construct, lay, maintain, modify, operate, alter, replace, remove pipelines as described herein, including but not limited to valves, regulators, meters, separators, purification equipment and pipelines with fittings, appliances, and appurtenant facilities. Staging areas are not granted under this easement. The pipelines shall be used for the transportation and processing of oil, natural gas, water (fresh and produced), petroleum products or any other liquids, gases or substances which can be transported through a pipeline and for no other purpose. The centerline of the route for the pipeline easement granted herein is depicted on Exhibit "A", attached hereto and made a part hereof. Said easement and right of way shall be fifty feet (50') in width, for a total distance of approximately nine hundred sixty rods (960 rods). The pipeline route as shown on Exhibit "A" is subject to change upon receipt of a final survey, a certified copy of which shall be provided to Grantor at no cost. During the construction of said pipelines, an additional, temporary easement totaling twenty-five (25) feet in width, comprised of an additional twelve and one-half (12.5) feet on each side of the easement centerline, is hereby granted. Except where Grantee's activities will interfere with irrigation ditches, streams or creeks, Grantee shall bury the pipeline with a minimum of forty-eight inches (48") of soil from the top of the pipeline to the normal surface of the ground. The affected areas shall be recontoured and reseeded with species which are consistent with adjacent, undisturbed areas upon completion of pipeline construction to prevent erosion. Grantee shall be permitted to cut all undergrowth and other obstructions that may injure, endanger or interfere with the use of said pipelines. Grantee may request from time to time, to lay within the right of way described above an additional line(s) of pipe similar to or different in size from and alongside of the line herein mentioned. Grantor reserves the right to approve such request on a case-by-case basis. Upon such approval Grantee shall pay Grantor, his heirs or assigns for each additional Iine a sum of PUCKETT LAND COMPANY 1 of 6 5/24/2007 MAA-ii i411.4yu pi L 1111 Ntl. FirillIVRININ,1411141.1Wriiii1NIN 11liI Rseeption0: 746240 04/09/2609 03:70:14 PM Jean Alberioo 2 of 7 Rao Fee.$36.00 Doe Fee:0.0D GARFIELD COUNTY CO money equal to the consideration paid for the first Pipeline and Right -of -Way easement within 30 days of such written approval. Grantor reserves the right to the full use and enjoyment of the Subject Lands except for the purposes herein granted. Such rights reserved to the Grantor may include the conducting of haying, irrigation, and grazing operations, and Grantee agrees to coordinate post construction and maintenance operations with haying and ranching operations. In no event shall the location of this Right -of -Way unreasonably interfere with use of the Subject Lands for commercial development of any kind, or oil, gas, and oil shale development. The foregoing rights and privileges of Grantee are further conditioned upon the following: 1. DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its operations on the Subject Lands relative to growing crops, buildings, ditches, fences and livestock of Grantor or Grantor's surface lessees. If Grantee makes any fence cut on the Subject Lands, it will install and provide for secure closure of gates. All gates of any kind or nature shall be kept by Grantee in the condition in which they were found upon entry. If Grantee discovers an open gate then Grantee will close the gate and notify Grantor. All equipment or appurtenances to the pipeline or wells, which shall be on or above the surface of the ground, shall be installed in a manner to protect the livestock of Grantor or Grantor's surface lessee when necessary. Grantee shall not alter the natural flow of any creeks, streams, or irrigation ditches relative to the Subjects Lands. Grantee shall notify Ray Anderson with Puckett Land Company of any activity that may impact Grantor's use of the Subject Lands and adjoining acreage. 2. OPENING AND RESTORATION OF FENCES: Opening and restoration of Grantor's fences shall be made at Grantee's sole cost, risk and expense as follows: 2.1. Prior to cutting grantor's fences, at each fence opening Grantee shall tie the existing fence into a three -post, pipe "H" brace built pursuant to the following specifications: 2.1.1. Eight foot (8') by six inch (6") treated posts shall be set at least forty-two inches (42") in the ground and shall be braced to take the strain. 2.1.2. Center crosses shall be placed a minimum of thirty-six inches (36") above the ground. 2.2. Grantee shall install fence slays every four feet (4') in all temporary gates installed in Grantor's fences. 2.3. Grantee shall install a fence around all mud pits. Said fence shall have pipe "H" braces with five wires. Grantee shall install posts every twelve feet. 2.4. Grantee shall be responsible for preventing Grantor's livestock from escaping from or enabling livestock of others from entering through any fence openings resulting from Grantee's construction activities. If a gate is left open, Grantee is responsible for the cost involved in gathering the cattle that escaped, including the actual costs for cowboy(s) needed to recover any escaped livestock plus reimbursement for any damages. If it is determined that the livestock can not be recovered within a cost effective amount of time, Grantee shall have the option of compensating the Grantor for the actual loss incurred due to the loss of livestock instead of continuing to attempt to recover the livestock. 2.5. Upon Grantee's completion of the construction, repair, maintenance, or alteration of the pipelines, Grantee shall promptly rebuild or repair any affected permanent fences equal to or better than the existing fence. Both Grantee and its contractors shall first consult and obtain Grantor's approval for location of fence work, materials and construction applications. Grantee shall use 13/." staples, wood posts, Colorado Fuel and Iron (CF&I) heavy-duty steel posts and CF&I barbed wire to rebuild Grantor's fence and consult with Grantor for approval of the fence builders that will do the fence replacement. 2.6. Fences shall not be considered equal to the existing fence if the posts have been undercut or brush has been shoved into the fence. If Grantee has disturbed the ground, plowed mud, or added other material within three feet of a fence, it shall be Grantor's judgment as to what fence is not equal to or better than the existing fence. 2.7. If requested in writing by Grantor, Grantee will also install pipe cattle guards of sufficient size and substance to bear Grantee's traffic and to turn all livestock. Such cattle guards shall not be installed without prior approval of Grantor and shall be installed in such a manner as to prevent water draining into the cattle guards, placed at a height so they are visible to cattle from reasonable distance, and shall be cleaned and otherwise maintained by Grantee. Quality metal gates shall be a minimum of ten feet in width, shall contain either a metal gate or electric fence and shall be placed PUCKETT LAND COMPANY 2 of 6 5124/2007 i 1 1111 111I �,,,��tl�'l ikhlail 11th Receptientl: 746240 04109/2008 03:10:14 PM Jean Rlberioo 3 o1 7 Rac Fea:$38,00 Doo Fee.0.00 CRRFIELD COUNTY CO across and adjacent to the cattle guards. 3. LIVESTOCK: If any of the Grantor's or Grantor's lessees' Iivestock are injured or killed by the direct or indirect actions of the Grantee or its employees, contractors, subcontractors or agents (such injury or death being verified by veterinary evidence), the Grantee shall pay the Grantor the veterinarian, medical or other costs to rehabilitate an injured animal, or reimburse Grantor or Grantor's lessee(s) the value of an animal killed or euthanased, according to the following schedule: 3.1. Cows: Replacement cost of a bred heifer or $1,000.00, whichever is greater; 3.2. Calves: Market value of 7001b. calf or $750.00, whichever is greater; 3.3. Bulls: $3,000.00 or the acquisition price for that animal, whichever is greater; 3.4. Dogs: Current market price or the acquisition price for that animal, whichever is greater. 3.5. Horses: Grantor shall maintain and provide to Grantee upon Grantee's written request, an Inventory of its horses as well as the horse's market value. Grantee agrees to reimburse Grantor the value of the horse based on the Inventory in the event the horse is killed by the direct or indirect actions of the Grantee. 3.6. Other domesticated Livestock: Then -current market price or the acquisition price for that animal, whichever is greater. 4. MAINTENANCE: All access roads, fences, and gates impacted by Grantee's use or operations which are subject to this Agreement shall be maintained by Grantee in as good condition as exists at the time of execution of this Agreement, ordinary wear and tear excepted. Grantor shall give Grantee written notice of degradation or damage to the Subject Lands caused by Grantee's operations. 5. WEED CONTROL: Grantee shall be responsible for controlling all noxious weeds, including without limitation, halo Eton, cocklebur, Canada thistle, knapweed species, leafy spurge, houndstounge, musk thistle and whitetop species on lands disturbed hereunder. Grantee shall also be responsible for preventing such noxious weeds from spreading to Grantor's lands adjacent to the easement, In the event such noxious weeds spread to Grantor's lands adjacent to the lands subject to the easement granted herein, Grantee shall be responsible for controlling the noxious weeds of those lands as well, provided that those portions of the Subject Lands affected by the construction of the right-of-way were free of such noxious weeds prior to such time of construction. If the lands immediately adjacent to the right-of-way are not free of such noxious weeds prior to construction of the same, Grantee's responsibility shall be limited to reasonable control of such noxious weeds on the lands within the easement. If Grantee locates or Grantor notifies Grantee of location of noxious weeds on the right-of-way, Grantee shall implement control procedures before noxious weeds go to seed. Grantee's responsibility for weed control shall be ongoing and shall continue for three (3) years after the easement has ceased to be used by the Grantee for the purposes herein granted. Such control procedures as set forth above shall at the very minimum conform to those established by the Bureau of Land Management, 6. NON-EXCLUSIVE USE AND RESERVATIONS: This Agreement and all other rights hereby granted are not exclusive to Grantee and are limited to the specific grant herein. This Agreement does not, in any way whatsoever, convey any water rights or the right to use water. Grantor reserves unto itself and its successors and assigns all rights not specifically granted to Grantee herein. Grantor may grant additional rights-of-way or easements on, over, across, under and/or through the Right -of -Way to any third party for any reason, in Grantor's sole and absolute discretion, so long as such grant does not interfere with Grantee's access rights as described in this Agreement. 7. AGRICULTURAL LIABILITY: Grantee shall take reasonable precautions to avoid damage to agricultural operations on or adjacent to the easement. Grantee shall have and assumes liability for all cattle, crops, or chattel lost as a result of Grantee's operations on the Subject Lands. 8. LOCAL SPECIES/HABITAT LIABILITY: Grantee shall have and assumes liability for all endangered species, protected species, wildlife habitat and bio -diversity damaged or destroyed as a result of Grantee's operations on the Subject Lands. 9. CULTURAL AND PALEONTOLOGICAL RESOURCES: Grantee is to engage the services of a cultural resource specialist to conduct a cultural resource inventory of the area PUCKETT LAND COMPANY 3 of 6 5/24/2007 1111 11.11157.N111h,lri,lity 141,1,KINig 11111 Reeeptient': 746240 0410912009 03.70:14 PM Jean RL6erlee 4 of 7 Ree Fee:E3B.00 Doe Fee:0.D0 GARFIELD COUNTY CO of proposed surface disturbance following the guidelines of the Bureau of Land Management. Any and alI resources inventoried shall be delivered to the Grantor. 10. LIABILITY OF THE PARTIES: Grantee covenants and agrees to fully defend, protect, indemnify and hold harmless Grantor, its officers, directors, employees and agents, from and against each and every claim, demand or cause of action and liability, cost and/or expense (including but not limited to reasonable attomey's fees and costs incurred in defense of Grantor, its officers, directors, employees and/or agents), for damage or loss in connection therewith, which may be made or asserted by Grantee, Grantee's officers, directors, partners, members, employees and/or agents, or which may be asserted by any third party (including but not limited to Grantor's officers, directors, employees and/or agents), on account of personal injury or death or property damage caused by Grantee's use of the Subject Lands or the rights granted hereunder, except to the extent such damage or injury results from the actions of Grantor, its contractors, agents or assigns. Where personal injury, death, or loss of or damage to property is the result of the joint actions of Grantor or Grantee, Grantee's duty of indemnification shall be in proportion to its allocable share of such action. It is expressly agreed that the indemnity obligation specifically includes, but is not limited to, claims arising under the provisions herein entitled Agricultural Liability above, and alt federal laws and regulations including but not limited to the. Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. &9601 et. seq. and amendments, Resources Conservation and Recovery Act, 42 U.S.C.A. &6901 et. seq. and amendments, Safe Water Drinking Act, 42 U.S.C.A. 300f et. seq. and amendments, Toxic Substances Control Act, 15 U.S.C.A. &2601 et. seq. and amendments, Clean Water Act, 33 U.S.C.A. &1251 et. seq. and its amendments, Clean Air Act, 42 U.S.C.A. & 7401 and amendments, Natural Gas Pipeline Act, 49 U.S.C.A. 1671 et. seq. and amendments, Hazardous Liquid Pipeline Safety Act, 49 U.S.C.A. 2001 et. seq. and amendments, and all state and local environment laws, rules, and regulations. Neither party shall be liable to the other for any damages due to fire, earthquake, flood, windstorm and other like casualty or other causes beyond its reasonable control, nor for damages caused by public improvements or condemnation proceedings. Notwithstanding the foregoing, neither party shall be required to settle a labor dispute against its will. 11. LAWS, RULES, AND REGULATIONS: Grantee shall at its sole expense comply with all federal laws and regulations as well as those of the State of Colorado and any other governmental authority having jurisdiction over Grantee's activities on the Subject Lands. Grantee shall deliver to Grantor copies of all permits, and cultural, botanical, and wildlife reports covering Grantor's !and and adjoining Bureau of Land Management land. I2. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, transfer, purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Grantee or its contractors, sub -contractors, agents, while on the Subject Lands or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and other weapons upon the Subject Lands or adjacent lands is absolutely prohibited. 13. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or adjacent lands and no such rights are granted by this Agreement. 14. WATER RIGHTS NOT CONVEYED: This Agreement does not, in any way whatsoever, convey to Grantee any water rights or the right to use water found on, under or appurtenant to the Subject Lands. 15. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for damages to water wells, water tables, natural springs, running watercourses, and water tanks within 330' of the center line of the right-of-way insofar as damage can reasonably be determined to be the result of Grantee's operations. 16. ACCESS TO PIPELINE: Grantee agrees to install a tap on said pipeline in TBD (legal description). Grantee agrees to accept Grantor's gas at the tap on a best efforts basis. PUCKEIT LAND COMPANY 4 of 6 5124/2007 i 1 1111 'Rh1l141,4ih'GFt:Mi11111 Reeep%Aonp: 746240 0010912008 03:10:10 PM Jean Alber loo 5 of 7 Reo Fee: 536.00 Doc Fee :0 .00 GARFIELD COUNTY CO Grantor's gas must be of pipeline quality. Grantee and Grantor shall negotiate a gas gathering and processing agreement at rates not to exceed the rate charged by Grantee for other third party services in the area for like quality gas. 17. NOTICE: Any notice or written demand to be given to Grantor or Grantee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended. Notice shall be deemed given upon receipt. Puckett Land Company Attn: Ray Anderson 5460 S. Quebec St., Suite 250 Greenwood Village, CO 80111 Phone: 303-773-1094 Fax: 303-773-1157 Marathon Oil Company Attn: Piceance Asset Manager 5555 San Felipe Houston, TX 77056 Phone: 713-296-3020 Fax: 713-235-6311 18. TERM: This Agreement shall remain in effect for a primary term ending December 31, 2009, and for so long thereafter as Grantee is using the Easement for the purposes described above. If, after this primary term, operations for the transportation of natural gas cease for a period of more than twenty-four (24) consecutive months, then such operations shall be deemed not to be conducted and this Agreement shall terminate, except when non- use is caused by acts or circumstances beyond the control of Grantee. Following termination of this Agreement, it shall be Grantee's obligation to restore and reclaim all land affected by Grantee's activities to the extent required by applicable law or regulation established by the Bureau of Land Management or to its equivalent prior condition (ordinary wear and tear expected), whichever is greater, including, but not limited to, the removal of surface facilities. 19. GOVERNING LAW: This Agreenient and all matters pertaining hereto, including, but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the laws of the State of Colorado. 20. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and Grantee and any prior oral representations or understanding concerning this Agreement or its subject matter shall be of no force and effect. This Agreement is subject to all currently existing contracts, leases, liens, easements and encumbrances or claims of title, which may affect the Subject Lands, and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. The terms and provisions of this Agreement shall extend to and be binding upon the parties, their respective heirs, successors, legal representatives and third party assigns, should Grantor consent to such third party assignments. Notwithstanding anything in this Agreement to the contrary, upon written notice, Grantee shall have the right, in its sole discretion, to assign this Agreement to any of its affiliates or subsidiaries. Additionally, Grantee may assign, on a non-exclusive basis, to Enterprise Gas Processing, LLC or another gas gatherer, transporter or purchaser, the rights granted herein to the extent of one pipeline authorized hereunder. All other assignments hereof shall require Grantor's prior consent, which consent will not be unreasonably withheld. 21. MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY: Grantee shall cause to be filled of record a fully executed and acknowledged original Memorandum of Easement and Right -of -Way, in a form reasonably acceptable to Grantor and Grantee, and shall promptly provide to Grantor a recorded copy thereof. Such Memorandum shall be recorded in the appropriate real property records of the county in which the Subject Lands are located. IN WITNESS WHEREOF, the parties have executed this Easement and Right -of -Way Agreement the day and year indicated below but effective on the date first set forth above. PUCKETT LAND COMPANY 5 of 6 5/24/2007 i 1 GRANTOR: IIIA . ERIrY5tilf'1MISrY'IilN,1711WIA RW4114 111 Reception#: 746240 04109/2008 03:50:14 PM Jean Alber1ce 6 of 7 Reo Fee:f36.00 Doc Pee:0.00 GARFIELD COUNTY CO PUCKETT LAND COMPANY ry:ditahVii-rigtoge Matthew A.rtzbacher, President hof GRANTEE: MARATHON OIL COMPANY By: ACKNOWLEDGEMENTS /-/7-07 Date: Date: STATE OF C�ac�L,e+• ) �} )ss COUNTY OF A A1,54.4. ) --�- Before me, on this / 2ed day of , 200$, the foregoing instrument was executed by Matthew A. Wurtzbacher known to me to be the duly authorized President of Puckett Land Company, 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 set forth. Witness my hand and official seal. My Commission Expires: 11/t0* STATE OF 1(tor 5 ) )ss COUNTY OF ititgitT5 RAYMOND S. ANDERSON 'NOTARY MAW • COLORADO `My CaMr uiW Eiipr u' 04VVi0W Before me, on this day of �a+��,� , 20i'the foregoing instrument was executed by_ i.r Pr s k known`(o me to be the duly authorized /TTt:rrAN- 1-Cr.:4-0E-11/ar„Yl.,n D i i sfrui , Grantee, and acknowledged said execution to be the signer's free and voluntary act and deal on behalf of said Grantee, for the uses and purposes therein set forth. Witness my hand and official seal. My Commission Expires: _ln.nonry at)t PUCKETT LAND COMPANY 5/24/2007 Ts....a.rV \nr-N Notary Public kV* DEBORAH D. KUHLMAN ;a y, 1 Notary Public, State o1 Texas v; My Commission Expires °:'',^,;," JOnuoty 17, 2D10 6 of 6 i 11111r Reception#; 748240 9410912008 03:f0;14 PR Jean Rlberico 7 of 7 Rae Fee:$36.80 Doc Fee:C.00 GRRFIELD COUNTY CO WILLIAM N. & ASSOCIATES P.C. SURVEYING CONSULTANTS P.O. BOX 820 T 6 S R 97 W GREEN RIVER, WYOMING 82935 PLAT FOR PROPOSED SECTION 23 PLAN OF DEVELOPMENT MAP JOB NO. 26099 09/12/07/CED SEC 23 PLAT.dwg 8 8 550 EAST 2N0 NORTH PH. 307-875-3638 FAX. 307-875-3640 REC N 69'40F W 78.84 CH. TIE N OT �D'44" E EAS. N 88'19'19" W 2636.2 129.6 EAS. 88f�:J2" RAMOM OIL COMPANY UNE 10` PAD 697-23A ` .i 2 LINE 16 MARATHON/PDC PAD 697 -CDR VILUANS PAD LINE If UNE 6 EXISTING Pill V/ YELLS LINE 5 LINE 4 TIE $ 01' f924 2OI COMPANY \-1-INE 13 cARAIH0W OR. COMPANY PAD 697-230 MEAS N :: 6'09" W 2833.4 REC N 89'45' W .39.93 CN~�S r . 'l7'32" W 2639.9 REC. N 69'45' W 39.93 CH. UNE 141 g 2 O 2 • FoUND Mo SURVEY MARKER O MONUMENT NOT FOUND CR SEARCHED EXISTING ROAD PROPOSED GAS UNE PROPOSED WATER UNE EXISTIN0 PIPELINE PROPOSED MAIN CORRIDOR TPROPOSED PIPELINE UNE TABLE FOR MAIN CORRIDOR UNE BEARING DIST. LINE 1 N 84'33'08" E 264.2 LINE 2 N 24'57'52" E 719.8 LINE 3 N 3712'49" E 286.9 LINE 4 N 454450" E 276.6 LINE 5 N 4076'53" E 606.0 UNE 6 N 33'53'27" E 446.0 UNE 7 N .35'40'56* E 319.1 LINE 8 N 5618'01" E 450.1 LINE 9 N 47'44'09" E 360.3 LINE 10 5 852831" E 347.1 LINE 11 N 7819'56" E 162.5 LINE 12 S 8171'11" E 674.6 LINE 13 N 8919'45" E 706.5 UNE 14 N 78'2816" E 712.5 UNE 15 N 4635'42" E 424.3 UNE 16 N 6302'46" E 79.9 UNE 15 8 Rt 8 PREPARED FOR: MARATHON OIL COMPANY P.O. Box 3128 Houston, TX 77253 5555 San Felipe Houston, TX 77056 ■III1�i+i �1�41�4�11���4t��W�, h `h! �i' I �� 11111 Rec9ptiontt: 751858 87108/2009 01:56:67 PH Joan Alberioo 1 of 6 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 16'h day of June A.D. 2008, there were present: John Martin , Commissioner Chairman Lany McCown , Commissioner Trrsi Houpt (Absent) , Commissioner Carolyn Dahlgren , Deputy County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-83 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT REQUEST FOR 1 "TEMPORARY EMPLOYEE HOUSING" FACILITY OPERATED BY PETROLEUM DEVELOPMENT COMPANY LOCATED APPROXIMATELY 10 mu* NORTH OF THE TOWN OF PARACHUTE AND WITHIN A PROPERTY OWNED BY PUCKETT LAND COMPANY, GARFIELD COUNTY PARCEL NO 2411-013-00-001 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for 1 "Temporary Employee Housing" facility located approximately 10 miles north of the Town of Parachute and within a property owned by Puckett Land Company, Garfield County; and WHEREAS, the Temporary Employee Housing facilities are to be located at 1 location within the approximately 5,000 -acre property owned by Puckett Land Company located on a private road beyond Garden Gulch Road east of CR. 215 and north of Parachute, CO; and WHERERAS, the subject property is located in the Plateau sub -zone of the Resource Lands zone district where such use is permitted as a Special Use; and WHEREAS, the Board of County Commissioners opened a public hearing on the 16th day of June, 2008 upon the question of whether the above-described SUP should be granted or denied, I nki 1'ii11 Y71IS411ii'1i,i711iIRY1 rIT1 1P,W a 1101 Reception#: 751859 07/0612008 51:55:57 PM Jean Riberico 2 of 6 Rao Fee:$0.00 Doo Fee:0,00 GARFIELD COUNTY CO during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 16th day of June, 2008 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03 and 5.02.21) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for 1 "Temporary Employee Housing" facility located north of the Town of Parachute and within a property owned by Puckett Land Company, Garfield County, is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 4. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this 2 1111 .11 .iii,L4%1.14E r :I iIi . 'J 11 III Reception#: 751859 0710812008 01:55:67 PM dean Alberioo 3 of 6 Rec Fee:$0.00 Doo Fee 0.00 GARFIELD COUNTY CO provision. i 5. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facility may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facility may begin. 6. All Special Use Permits for Temporary Employee Housing are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. 7. Water and wastewater systems proposed to service Temporary Employee Housing must comply with all applicable state and local laws and regulations. 8, Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For facility serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 9. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 10. The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year; however, no single Temporary Employee Housing facility allowed under this Special Use Permit shall be onsite for more than a cumulative of one year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. 11. Inhabitants of the temporary housing shall be applicant's employees, contractor's and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. 12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. 3 i 11111 Kf riiih y1iN,tiki,4111110 I h`fki •1111 Reception#: 751859 07!0812008 01:55:57 PM Jean Alberico 4 of 6 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 13. Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires, One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (1 00) feet to reach the nearest extinguisher. 14. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. 15. The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriffs Office and relevant Fire Protection District. 16. The applicant shall notify the County when site development begins for each facility. The applicant shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for Temporary Employee Housing, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section §9.01.06. 17. No animals shall be allowed at temporary employee housing sites. 18. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Housing is twenty-four (24) while using a vault and haul system. It may be increase to a maximum of 50 once the State approved ISDS has been installed. 19. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations with all pipes and connections water tight and lids kept securely in place at all times except during normal cleaning operations. 20. Wildlife -proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic yard) container shall be provided for each unit or the equivalent in a central trash 4 1111M. IiR'1r'J Ml1. .141 ,1411744i '110.l4+4I N 11111 Reception#: 751859 07!08!200$ Of:55:57 PM Jean Alberioo 5 of 6 Rec Fes:SO.00 Doe Fee:0.0O GARFIELD COUNTY CO collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. 21. Each facility shall have a minimum total capacity of 42,800 gallons of potable water storage which shall be refilled a minimum of every three days. 22. Each facility shall have a minimum total capacity of 7,465 gallon septic tank with a 2,500 gallon holding tank which shall be emptied a minimum of every three days. 23. That this facility shall only be allowed to operate with a vault and haul system for sewage for no more than one year which also serves no more than a maximum of 24 employees. If a drinking water system and ISDS are approved by the Colorado Department of Public Health and Environment, the facility may operate up to a capacity of 50 employees for up to 10 years. The Applicant is required to present the project to the Hoard of County Commissioners for annual approval each year. Dated this 1e- day of ATTEST: Cl of the Board , A.D. 20 O & . GARFIELD COUNTY BOARD OF COMMI • SI • . : RS, GARFIELD COUNTY, Upon motion duly made and seconded the for oing Reso ion adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TR$SI HOUPT , Aye , Aye , Absent STATE OF COLORADO ) )ss County of Garfield ) County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 5 UIIf I.1MWI1kilil,14M;f ILMIi' H!I1 R....Elon#: 751859 07l08I200O 01•.55:57 PM dean Rkberico 6 of 6 Rea Fee:S0.00 Dao Fee:0.00 GARFIELD COUNTY CO N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 1 1111 prbrinutokrimucwwhim *mu 11 III Reception#: 751860 07!08!2008 01:55:67 PM Jean Atberico 1 of 1 Roo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO SPECIAL USE PERMIT for One "Temporary Employee Housing" Facility Operated By Petroleum Development Company located 10 miles northwest of the Town of Parachute within a Property Owned By Puckett Land Company, Garfield County Parcel Number: 2411-013-00-001 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 - 83 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: TEMPORARY EMPLOYEE HOUSING The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMISS : 1 RS, GARFIELD CO COLIRADO Clea of the Board Cha i 1111 I�r�I�}S•1GL9�df^1�14'F1l{I�4'+��ki'�i��l4rh 1! III Rve.pt1on11: 75.7385 10117/2008 01,27:48 P11 Jean Rlberipa 1 of 14 Rao Fea:$71.00 Doo Fe•.0.00 GARFIELD COUNTY CO MEMORANDUM OF AMENDMENT TO EASEMENT AND RIGHT-OF-WAY AGREEMENT This MEMORANDUM OF AMENDMENT TO EASEMENT AMD RIGHT-OF-WAY AGREEMENT (the "Memorandum") is made and executed as of the . day of October, 2008 to evidence that: De AMENDMENT TO EASEMENT AND RIGHT-OF-WAY AGREEMENT (the "Agreement") dated October, 2008 was entered into by and between Puckett Land Company (the "Grantor") and Bargath Inc., c!o Williams Production RMT Company (the "Grantee"), which, among other provisions, provides as follows: An Easement and Right -of -Way Agreement (the "Agreement") dated l" June, 2007 was entered into by and between Puckett Land Company (the "Surface Owner") and Bargath Inc., clo Williams Production RMT Company (the "Opertor"), which the Memorandum of said Easement was recorded at Reception # 726193 on June 256, 2007 at Book 1941, Page 148 of Records of Garfield County Clerk and Recorder, The Grantor and Grantee also agree to the following terms and conditions in the Amended Agreement: • Operations are resumed immediately upon execution of this document for the construction of a pipeline of extreme terrain crossing. • Grantor and Grantee agreed on a surface damage consideration paid by Grantee to Grantor. • Grantor agreed to Grantee's reclamation plan. • Grantor and Grantee both agree that all previous terms and provisions remain in full force and effect. (See attached Exhibit "A") • Grantor agrees to the additional space required by Grantee for the completion of the pipeline. (See attached Exhibit "B") This Memorandum shall be construed as a covenant running with the Lands and shall be binding on any and all personal representatives, successors, and assigns of Grantor and Grantee. This Memorandum is being executed by Grantor and Grantee for the primary purpose of recording and thus advising all interested parties of the existence and validity of such AMENDMENT TO THE EASEMENT AND RIGHT-OF-WAY AGREEMENT, the exact terms and conditions of which are more fully stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. Parachute Land! Pipelines/Crawford Trail/ PuckettDR91SH/RMIAC 09-18-2008 1111 /AV RinNltilti ' t' 1ELitri •ILII Raeeption8; 757385 1011712009 01:27:48 PM Jun Alberioo 2 o1 14 Rec Fee:I71.00 Doe Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date fust above written. PUCKETT LAND COMPANY 1 By: /ii.L _4...._ -- Na : Matthew A. if rtzbacher Titi : President STATE OF COLORADO i COUNTY OF ArtaE ) ) BARGATH INC., CIO WILLIAMS PRODUCTION RMT CO By: Nai oseph Barrett s e: Assistant Secretary Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that Matthew A. Wurtzbacher, whose name is subscribed to the foregoing instrument as President of Puckett Land Company, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this,Zday of ©cro am( , 2008. My Commission Expires: (SEAL) STATE OF COLORADO ) COUNTY OF Det V ) Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that Joseph P. Barrett, whose name is subscribed to the foregoing instrument as Assistant Secretary of Bernath Inc. c/o Williams Production RMT Companv, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this i 0 day of Notary Pub My Commission Expires: S%/ 26V / (SEAL) Parachute rand! Plpelines&Crawford Tr& PuckettIDRaSHIRWAC 09.18.2068 2008. 1 sHrowinraLmitiotraii III II Receptlon8: 757385 10117!2008 01:27:48 PM Jean Marion 3 of 14 Rot Feer$71.00 Doe F.":0.00 GFRFIELD COUNTY CO Irimmit91Wif liiiifirMATIFILIti1 I 0R6f%1e 1 B1 i0 2e fy1 gg�� 1g41 P� GI , Alherloo ref 11 Rao �a•iSeli.a6 Doo Fea1e.00 OARFIiLo CO14TY DO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGEMENT This MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT (the "Memorandum") is made and executed as of the l day of.May, 2007 to evidence that: Jla�. � The Easement And Right -of -Way Agreement (the "Agreement") dated-Alay007 was entered into by and between Puckett Land Company (the "Surface Owners") and Bargath Inc, c/o Williams Production RMT Company (the "Operator"), which, among other provisions, provides as follows: The Surface Owner also agreed to the following terms end conditions in the Agreement: • Surface Owner agreed Operator may construct, lay, maintain, modify, operate, alter, replace, remove the New Pipeline depicted on Exhibit "A", attached hereto and made a part hereof. ThEs Memorandum shall be construed as a covenant running with the Lands and shall be binding on any and all personal representatives, successors, and assigns of Surface Owner and Operator. This Memorandum is being executed by Surface Owner and Operator for the primary purpose of recording and thus advising all interested parties of the existence and validity of such Easement And Right -of -Way Agreement, the exact terms and conditions of which are more fully stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date fust above written. Owner Bargath Inc. By: By; e: Jeff . Puckett N e: Jo P. Barrett Tit's: President 'kt We: Assistant Secretary ACKNOWLEDGEMENTS STATE OF COLORADO ) COUNTY OF=11.4 Before me, a Notary Public, is and for said County and State aforesaid, does hereby certify that Jetfrev Y. Puckett, whose name is subscribed to the foregoing instrument as president of Pocketjlfigsl Comm, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as Iris free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of Matey, 2007. My C.ammission Expires: (SEAL) RAYMOND R. ANDERSON WyCoorediMMEOW NAOMI Page 1 of 2 1111 PAM Nir.:611451,, 11111 ReeepptionR: 757385 10717/2008 01:27:48 PM Jean Rlberlco 4 of 14 Rec Fee:S71.00 Doc F.r70.00 GRRFIELD COUNTY CO Ye"AMAIN KIRIN 11111 Reaeption81 728183 2 0111 8.0 Fa f66.B8 iholreLSAIRFIEDReorifiltrai STATE OF COLORADO COUNTY OF DENVER Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that Joseph giB@freq. whose name is subscribed to the foregoing instalment as Assistant Secretary of Barsath Inc c/o Williams Production RMT Company, a corporation, appeared before me Ibis day In person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uses and purpbses therein set forth. Given under my band and Notarial Seal thisa_ day of T2007. My Commission Expires; ,..042.(20_. (SEAL.) Notary Public Page 2 of 2 i 1 1111 INC11411MOIJIMlhf illiWilYid ii !1111 Recept30nM: 737385 1011712008 07:27:48 PM Jean Alberio0 3 or 14 Rao Fee:871.00 Doc Fe/:0.00 GARFIELD COUNTY CO SCALE 111111ifIF0p�7n11Mfi m 1101lii114•11oi8PLiNIr,rW11111 MIi 11111 36e 11 R 0 F 7 .B0 doc Kei:0.00 O0J.1 RCOWRYp'Cb E A111D1 t it t OI Y Attached to and made a part of that certain Memorandum of Orant of Easement dateda 5 , 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company 500' 0 SECTION 19, TOWNS:MP 6 SO VTJJ RANGE 96 WAST of the 6th P.JFL, G,IRFIELD COUNTY, COLORADO 13 18 MAYA '/4 19 Ark' Fe ar \\ NNW LOFT LINE TAME N DIRECTION D13TMCE L 6YEP94' E 1E549' .649 81.35`99' E meq' L44 $ 62.1E'07' E L45 x9.14'06• E 1 f L45 N 6113'00' E ;990.10' L47 N 70'4415' E 36L97' r L46 1.49 1.50 L51 N 57'89'44' E487' N 60.1'29' E N 57.161r E E1 01' G 50'0747 E 126' LSI N 81'5973' E 7476' LOIN 01'0513' E Mar 1 /-777/77-45.77-9Z- L47 777/ii i-9Nom-- \ 1 L POT E•122 K� � 140 4 24 19 LOT 2 Lo7J Lor 4 1. = noxa' woo' LEGEND FoumomOMMfENT * FOUNOMONUMENTPROPERTY sncrlaNCORNER OROTHERCORNER 4 FOUND MONUM611T • C'Lc1AATED 0R 114 OR 1x16 CORNER PROJECTED CORNER RIFh7N & ASSOCIATES, INC. f4140&JCSTRa7, A0CP1 wager O.R.& ..res -144e6 REVLSFa W1171Dt CNANGRDECO PAN' NAM DRAWNoY• 51N DATE #1/1257 APPROVED KM 1 DATE: "(ARG DYMC. CRAWWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY CHEMED BY: OMYID SCALE 5 e1007 moo hviRER 14460-ROW04 • i r1tPmt vom lunrwi iliV I7 il-14i+11k 11111 ReoeptienlR: 757305 10/17!2008 01:27:48 PM Jun Rlber..o 6 or 14 Roo Fos:671.00 Doo F0. O.00 GRRFIELD COUNTY CO �fl �p} �1. p1'7ia�l�lfli gri�Ry� i MP"''y1 kkieNIi 11111 ioo 1%, 11 g. 4. SSB.% Dee• d K.3:8B1G in ottgrf GOAnBrr "A" Attached to and made a part of thatn Memorandum of Grant of Easement dated L 2007, by and between Puckett Land Company and Bargath Iac. do Williams Production RMT Company SCAM M00' 0 r�rr, SJECTTON29, 1O02V9> DP 6SOUTM, $e4NGE96 Rte' arthe dth P.M., GARFIELD COUNTY, COLORADO f LOT 2 24 w GAC N• ea'3e'r v•sT• 20 Alum 04/ if IIIIIIrlillIllMNIIII ISA Fir7,F i[�FT al OLZ3EKNOgaALIN ---=3= IJlik IMDIA 1Lf J m � 1■ LIIM L 0111 LOT 3 LOT a LOF r0 Lor 4 L LOT . for Ir LCT r Loa f • —. /Z/ZZ/Z/ZZ4Z/Z/ 44.\. Vinel t1 I VMS Blow 32 1 LOT 12 1` 1000' Thai PO -W FildWeat 21 _Loa . o I Cadman 1ee147 FINK 10$86 ROA tam hares. SVD Pam MON(+ NT O FOUND MONUMENT PROPERTY 8E0770.11OMER OR OTHER CORNER FOUND MONUMENT • CALCULATED DR 1M OR 1M03 CORNER PROJECTED CORNER NOM: 1.1 DRAINING REFERENCED TO Wan DA1UM-8PC0 COC, ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.j APPARENT MU rM RION SHOWN HEREON UNTY EASED UPON GARFIELD COESSOT1 OFFICE FARCES - MAP R ARCELMAPA 2137 AND INTERNET/WO/ADS AS OF 4ATA8, MAP12180AND MITERNET RECORDS ASOF 1M1A17& MAP KM AND INTERNET RECORDS AS OF 12A021G6. RIFFIN & ASSOCIATES, INC. 1414air 8T70!f7i7 RUCCSPRINLK WY 02001, Ratti ginvswosas DOA J085-14480 LO SIAT l4fTN OFSUR EOM BRAWLAWES 87ATESrESBYOCI 0R4TIONARECIS ERED LAND SURVEYOR EMPLOYED BY}I71LUW8PRODU0V0NMWT COMFANY TOAR EAPARMI ARYSURVEYGIRTFIE CoITERLMYFQPAMrB RAkIPOF4YAYAS AMO &tow ON t,:.: HAP, CONSISTING OFFPAOia6y THAT 77-10 STAR VMS AMDE[NCE'RMSSUMMON FER7UARYd1. X07:ARI7 THAT NTE3LIMN 77115 M R 1 , k,- i ► UC%TONRiff COAVfPANT' CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY DRAM 5Y: KRN OAl&otriaiaT AFFRovsner: J otire DATE SCALE 1••1007 MEM lawn 14486-ROWO5 L 1 1111 wiMn1161 IVIK11:0 MIMIC M ii 1111 Recept1on4: 757385 10/17/200B 01:27:46 P11 .Inn Rlbariao 7 of 14 Rat Fee:S71.OD Doc Fee•.0.00 GARFIELD COUNTY CO �uDil M'�M$IC itrlN$i1ir:IrIMT "' IA till 8.9.214 grD7 111%411 Br 1 1 : D1S2 J�117_ AIb.rlOO B er 71 Rea Fis.a.ao Deo F:. les was: CDLMY exioIT"A" 3 of 9 Attached to and made a part of that "Nam Memorandum of Grant of Easement dated 2007, by and between Puckett Land Company and Bargath Ltc. c/o Williams Production RMF Company SVMON24 W TOWNSBni6SOM ) 4IVOR 97 lENSTofte6thP.M., GARFIELD COUNTY, COLORADO bg 3 SCALY 1' .■ WOO° 610' 0 000' ToWR•O-W kWm1I so FAA _ La4=8'_RRIrolCarterilna. r7sa7,09 FRE 1054.H Rods. Zp,W4 Maes. POUND MONUMENT $ POUND NDNUMENTPROPERTY SECTION CORNER OR OTHER CORNER FOUND MONUMENT • C.AL COLATED OR IL 114 OR 1f18 CORNER PROJECTED CORNER ROSS* 1.1 DRAWING REFERENCED 70 NAD27 OATLIM•6PC6 COC. ALL DISTANCES $HOVVN ARE ORD DISTANCES. 2.) APPARENT LANDOW414ER INFORMATION SHOWN HEREON BASED UPON GARFIELD COG NTY ASSESSOR OFFICE PARCEL MAP #2137 AND INTERNET RECORDS AS OF MOT106, MAP $2119AND INTERNET RECORDS ASOF 1111x7 3. MAP #2171 AND INTERNET RECORDSAS OF 1 210116. jlf RIFFIN & ASSOCIATES, INC. +r>r,i'444it UCIPTIREEt RGOISSPRINOE. WHIM PHo1LN AMsesaeW o.R.G. JOS.j-14466 DRAM r J 172 517E y07 APPROVED BY' t EATS' STATI?1 SAY OFSir,RYk'YOR; BRIAN L.FORMS STATE" lie HY000UPA17ONAREOISrEREO LAND SURVEYOR SIPCO= SY /MOM INC rOEA PRECMNN 4RYSURVEYOF THLaciAtrrifunr OFA PIPELINE RIONr'. wArASDes DMV:MOMoNTNESRd11? CONSISTING OF 7PAOES, MAT KIK WAS ..�_S�+''•3LLti.. AAV AUMORr7Y fl.2007.A DTNArSUCHSURVEYIS [PORI mrs MAP ARGATH CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUt KETT LAND COMPANY CNBE1(EO BY: I DATE: I ocAte 1'.100x• MOM MAWR 14486-ROW04 1111 h4tI irR1111A lilt& 111111 Reneptionll: 757365 10117!2000 01.27:A8 P11 Join Alberlco Sof 14 Rao Fes 071.00 Doc Feer0.00 GARFIELD COUNTY CO 11Ir F3 11N11%1111.141111& W'" 1+ H I MI 167,14711711 epoelFepp O6`oaoi0.D`pea °ca _..,.®PT "A" 4 of 9 Attached to and made a part of that en Memorandum of Grant of Easement dated _ 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company ta SECTION 24,TONN, P6SOili FAME 97 WAISTofOr66IIPRM., GAMED, COUNTY, COLORADO r 1.34 135 L36 1.37 Lia L39 L46 matet81N Warei'3' E t57, N 43119'15• E 444,68' 11 62'26'66' E 49166' SCAB I" - 2000' 1000' i 300' 0 LEGEPW SEC710N OROoND men OQRNE PROPERTY FouNo 1WNU146NT • CALCULATED at tt4 OR The CORNER PRO ECTED CORNER 41FP RFRN &CIATES INC. rapram TAfmo TSSOsmarm ►vriatiit O2.0. 4300-14466 MDASMD 04(17A17 6D000/PANY NAt4E 1 6RAVNH EY: qfH W100000? DoC* W 6Y: HATE APPROVED BY: !DATE: ROAM: T'=1667 BANGOR' NYC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY &IMMMO meet 14468"ROW04 I 1 1111 F.411M036111. 111MIVII!' iYIldiYd 11111 Renepptlonti: 757305 40117!2006 01:27:40 PM Jean Rlharieo B of 14 Roo Fee:571.00 Doo Fee:0.00 GARFIELD COUNTY CO 1M' ,F1KNIMI.PlitlIN,114110 VAN 1111 f �eg►�� �i �ssps� ti i Aof 4 ,� a i° 1 ° a F Eti .6 L r'e.:0:eo sq�i�"io tTifee0 .119iT "A" 5 of 9 Attached to and made a part of that =Ain Memorandum of Grant of Easement dated y `I, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company 01 T 11 t SVAL0 600' 0 SECTION 2S, TOWNSWP 6 SO(I1 MANGE•97 Win' of the 6th PM., GARIFIRLD CO(INTT; COLORADO I i 1 IMC 4—NEW COWANY _�.Bur- SEW T 1 LMCELiEFIEWIIII(Cgill IIatai!-YmitTm IKILIEliq-al [MINI EMI f:raqinCillE IE5111 IIIIANII -._nail MILikAli1Z511.1 =MI 1" a 1000' 1000' LSIiM FOUND ;foramen • FOUND f loac 1ENt PROPERTY BEC7N VcOMP OR OTHER CORNER a FOuNO MONUME'IT • ca.cuuT0o OR a tIlon 1118MINER FRQJECTT€D cORNER ti 1,111gRIFFIN & ASSOCIATES, INC. 14u01t011 T 1100 PfUNO0.1,ffMiff PffONE(e0rMEWS DA.G. AIM -1445e REm660:a4f1'�oT Hg1igmGOM M+Jag JJ DRA1NN BM I t4 W V WY10'61 APPR0VED8r: `DATE AMAT INC CRAVVFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKCETT LAND COMPANY HRGK9T. OED DATE •GALT': 1•r 1000 PlAgUt 14466-ROWO4 1111 NFJIIIIRt4N PR IMVAdt:PhOri ZIIA 11111 Reception*: 757385 10117(2009 01:27:49 PM Jean Albsrioe 10 el 14 Rao Fes:$71.00 Doe Fee:0.00 GARFIELD COUNTY CO �111.FMNIHNIalnitarttlf1.1114 11111 eei� 101172Ya 10 401:e;a1ifD" rmEXHIBIT A" 6 of y Attached to and made a part of that certain Memorandum of Grant of Easement dated 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTION 26 TOWNSHIP 6SOMA RANGEP7WEST ofthe 6th P.114 GARFIELD COUNTY, COLORADO Cop N e91615'I1/ 2632.50' l Pnr • • • • SCALE 1' R 1000' 800. 1000' pram MUM MONUMENT Or ROUND MONUMEHTPROPERTY SECTION CORNER OROTHCROORNER FOU MONUM2N. • CALcutsreDOR 114 OR 1,15 CORNER FRQJECTED CORNER LdN137 COMPANY 26. 25 35 rorTf —tem— tiFir Bmst 11 88'1673' W 8635.1V Cap 1/4 z /RIP 116 RIFFIN & ASSOCIATES, INC. tot 2t.Af87R tn, now Emma N7RROOT PHONE (109#112402it D.R.O. 4oe/-14465 I4$Y 8 ?D: 04117107 SFMN0ED OOFIPdtF1[ MANE RARGATII INC CRAVVFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY 41154KED BY: OAST„ IMAM 1•-1007 CHAIM MAWR I4466-ROW04 I 1 11111 f ��M'�Qlfi h�l�,141��' I y +f 7111011101rfNA 11111 ReceptAefl0: 757385 1011712008 01 27:48 PM Jaen Alberico 11 of 14 Rec Fee $71 00 Doc Fee:0.00 GARFIELD COUNTY CO ■I�#cI+i�,Bl�'ii ��lllptk�ld%WrV41 ,1�-11Bh I�e�y�. �lll�t III IIIH1 11 R.Q FM�fs4.Bm kelni:B�arralE�Lapc�arco nAr1,eif1' "A" 7 of 9 Attached to and made a part of that certain Memorandum of Grant of Easement dated 1, 2007, by and between Puckett Land Company and Bargath Inc. cfo Williams Production RMT Company I 11 s SECTIONS 23, 26P 23& 1;, TIOi7V9ffi iE SOMR, RANGE 97 WEST,AND SEC7TON 19, TORTONI? 6SOUTIE4 RANGE 97 WEST of Ma 6fti PAL, GARMLD COUNTY, COLORADO 4;1111 1 16:1 v l & A 50.00 FOOT W$DE PERMANENT EASEMENT FOR PIPEUNE PURPOSES ACROSS SECTIONS 23, 2B, 25 8 24. 5- a' gg TOWNSHIP 6 SOUTH, RANGE 97 WESTAND SECTION 19, TOWNSHIP 6 SOUTH. RANGE 86 WEST, ar Ilia PAA., it, Iy s4 GARFIELD COUNTY. COLORADO, SAID EASEMENT BEING 25.06 FEET EACH SIDE OF THE FOLLOWING DESCRIBED m SE CENTERLINE; .5° �t'SECTION 23. T, 6 9., R. 97 W. (8.092.87 FEET TOTAL) 8 5 , COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 23, THENCE SOUTH 01'3T51' WEST, 683.81 $$$aka FEET TO THE POIIIT OF BEGINNING ANO A POINT ON ThE WST LJNE OF SMO BECTION 2 6 3 THENCE SOUTH 32'44'82" EAST. 117,89 FEET: THENCE SOUTH 12.13'14" EAST, 478.12 FEET; THENCE SOUTH 03'01'24' EAST, 222.40 FEET: THENCE SOUTH 13'04'00' EAST, 479.68 FEET: THENCE SOUTH 25'12'38" EAST. 437.29 FEET: THENCE SOUTH 27.20'54" EAST,165.17 FEET: THENCE SOUTH 38'33'2V EAST. 193.22 FEET: THENCE $QUTH 48'5651" EAST, 3978.39 FEET: THENCE SOUTH 28'13119" EAST, 122.61 FEET TO A POINT ON THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 23. EASTODEVTDIPTION 4ECTIQN 28,1. 6 S., R. 97 W. (2,020.96 FEET TOTAL) THENCE CONTINUING INTO SECTION 26; THENCE SOUTH 26'13109' EAST, 1.70 PEET THENCE SOUTH 1747'14' EAST. 263.53 FEET; THENCE SOUTH 119.16'41"EAST, 105.33 FEET: THENCE SOUTH 57'00'36" EA$T,161.76 FEET: THENCE SOUTH 51'36'80' EAST, 245.42 FEET; THENCE SOUTH 61'16^09" E9AST.199.38 FEET; THENCE SOUTH 60'43'01' EAST, 397.87 FEET; THENCE SOUTH 71'10'45" EAST. 88.66 PEET: THENCE SOUTH 48'0516" EAST. 88.75 FEET; THENCE SOUTH 48'02'12' EAST. 428.15 FEET; THENCE SOUTH 57'52'18~" EAST, 21,42 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 26, SECTION25. T. 8 6., R, 97 W. (4,022.80 FEET TOTAL) THENCE CONTINUING INTO SECTION 26; THENCE SOUTH 67'62'le' EAST. 887.80 FEET; THENCE NORTH 89'4235" EAST, 190.00 FEET: THENCE NORTH 67'17'27" EAST, 160.00 FEET; THENCE NORTH 24'6290' EAST, 402.42 FEET; THENCE NORTH 35'69'31' EAST, 136.79 FEET: THENCE NORTH 8S'53'50' EAST,191.91 FEET; THENCE NORTH 66'25'48' EAST, 424.49 FEET; THENCE NORTH 75'1023" EAST, 389.05 FEET: THENCE NORTH 78'3018" EAST, 358.64 FEET: THENCE NORTH 72'07'43' EAST, 899.18 FEET; THENCE NORTH 87'55'19` EAST, 756.2,6 FEET; THENCE NORTH 63'06'26' EAST, 60.01 FEET: THENCE NORTH 38'21'38" EAST. 170.41 FEET TO A POINT ON THE NORTH UNE OF SAID SECTION 26. DESCRIPTION CONTINUES ON SHEET 7OFJ riff RIFFIN & ASSOCIATES, INC. 141461/tSTREE1, ROO1 6PRA os, wfe29or FNONE007f 11024 M1 D.R.R ..109 0-1.4454 REVISE& Gir(7ra7ptAn10ERCOMPANy NMIa DRAM. eY; KMAPPROvED BY 1 947E CHECKED eY SC.Im ALE rn DATE 01112.107_, DATE. SARGON INC CRAWFORO TRAIL GATHERING PIPELINEA PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY 14466-ROWO4 1 1111mrdai1TirawtGEll X1114111,11 X11%111411111 Rac41p01°Ni: 757385 18/1712008 01:27:48 PM Jean Aiberico 42 of 14 R.8 Fee $71 .OP Doo F...0.140 BARFIELD COUNTY CO 19 or 11 RIO -F;oif5E.b6I6oe-iaoo.OB 441 61.0'RaTil Co " 8 Ory Attached to and made a part of that certain Memorandum of Grant of Easement dated haln, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTIONS 23, 24 25 & 3101W1Y5fl1P6 sourg RANGE 97 WEST AND SEC1TON 19, TOWNSHIP 6SOUTBf, RANGE 97 WEST of the 6th P.M, GARFifELD COUNTY, COLORADO .MSEMENTDES0111170N CONTINUED FROM SHEET 8 OF 7 I1SECTION 24. j, 5 5.. R. 97 W. (1.84274 FEET TOTAL} i I.8-,, • THENCE CONTINUING INTO SECTION 24; 1 ! THENCE NORTH 3r21'38' EASt.157.45 FEET: a THENCE NORTH 407916' EAST. 444.22 FEET; 5 S. THENCE NORTH 62.28'00' EAST. 491.00 FEET: THENCE NORTH 61'42'06" EAST, 20245 FEET: 4 THENCE NORTH 33.4969' EAST. 79.99 FEET; THENCE NORTH 05.58'50' EAST, 555.70 FEET; THENCE NORTH 49'17'43' EAST, 80.00 FEET; THENCE SOUTH 87'21724' EAST. 36.32 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 24. SECTION 19. T, 6 8„ R. 90 W. (2.771.71 FEET TOTAL) THENCE CONTINUING INTO SECTION 19; THENCE SOUTH 87"2024' EAST,125.59 FEET; THENCE SOUTH 51'3659" EAST. 236.30 FEET: THENCE SOUTH 52'1x07' EAST, 155.30 FEET; THENCE NORTH 69'14'09',EAST, 143.32 FEET: THENCE NORTH 81'13'00' EAST. 380.40 FEET: THENCE NORTH 70'44'16• EAST. 301.97 FEET; THENCE NORTH 57"2744' EAST. 224.01 FEET; THENCE NORTH 60'21'39' EAST. 186.54 FEET; THENCE NORTH 67`2017" EAST. 429.81 FEET; THENCE NORTH 80'87'46' EAST. 291.2B FEET; THENCE NORTH 81.28'13" EAST, 74.76 FEET; THENCE NORTH 81'2613" EAST. 183.27 FEET TO THE POINT OF TERMINUS AND A POINT ON OR NEAR THE EAST UNE OF THE SOUTHWEST QUARTER OP SAID SECTION 19. SAID EASEMENT IS 17,557.88 FEET IN LENGTH AND CONTAINS 20.154 ACRES, MORE OR LESS. LW RIFFIN & ASSOCIATES, INC. f4f48LKMEET, MON 8PRmNl i, WYY112DDi AMINO '4107) 3024028 D}t.& 8178/-14468 REVISED:041jmr IWORM 0084TMEJ DRAWN BY: ERN 6478.0411310PROVED BY. 1 DAME: CHECKED BY: DATE: ALe 1•=1000 BABGATI11NC, CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKE'[T LAND COMPANY BRAME MAW 11468-ROWO4 L i 1 1111 rdrilite11.141. Kith Gait 11.1111iliMiyi 11111 Recaptianll: 757365 10117/2009 91:27:4B PM dean Alb.rico 13 of 14 Rea Fea:$71.D0 Doo Fe.,0-00 GARFIELD COUNTY CO 111 VI WW1 MIVAL144141005111.114 11111 Ree ti011a1 T24t2a 11 11111°I'le°a1F:.T:$Bsae 6B 30 1BF'..P6.aa ''ib_o'CC43 TTY c0 ill 9ot9 Attached to and made a part of that certain Memorandum of Grant of Easement dated 1, 2007, by and between Pucke sii Puckett Land Company and Bargath Inc. c/o Will ianls Production RMT Company ,y ili SECTION29, TOWNSHIP U80111T1, RANO; .96 WEST of the AO P.M, GARFIELD COUNTY, COLORADO mri EASFAINNTDUCN o 5o.00 FOOT WIDE PERMANENT EASEMENT FOR PIPEUNE PURPOSES ACROSS LOT 0 & 7 OF SECTION 29, A OWNBHIP 0 SOUTH, RANGE 96 WEST, of Ilia PM P.M.. GARFIELD COUNTY, COLORADO. SAID EASEMENT BEING a r 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE 11 si 1.. oMMENCING AT THE NORTHEAST SECTION CORNER OF RAID SECTION 24, THENCE SOUTH x7"31'29" WEST, 8 Ra 1978.39 FEET TO THE POINT OF BEGINNING AND A POINT ON OR NEAR THE NORTH UNE OF SAID LOTT: £m HENCE SOUTH 1216'3I" EAST.180.54 FEET: HENCE SOUTH 28'38'61' EAST. 660.48 FEET: a THENCE SOUTH 47'61'08" EAST. 325.49 FEET; .HENCE SOUTH T1"11'41" EAST. 447.10 PEE1'; THENCE SOUTH I1'S2'9$' EAST. 217.81 FEET; THENCE SOUTH TP 1635' EAST, 181,99 FEET TO THE POINT QF TERMINUS AND A POINT ON OR NEAR THE SOUTH UNE OF SAID LOT 8. SAID EASEMENT IS 1,663.47 FEET IN LENGTH AND CONTAINS 1,909 ACRES, MORE OR LESS. 141FRIFFIN & ASSOCIATES, INC. 1414 Warman Rommtr s, wr9TPo1 mHnaaTNov sa . 211 D.R.C. 4.e#-.14406 WILLIAM PRODUCrIONRMrCOMPANY' CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY DRAWN PY; 40H DATB:Dol0o7 n;PROVW rY: I DA CHIECKID 0Y: ATL; 11cPLE 1'.1007 NUMBErt 14488-ROW05 1111 Want1191'tIJILKiIVIlikil AELiAri1Ylrj111111 Recepliand : 757385 10117/2008 01:27.48 P8 .lean 4lberico 14 of 14 Re0 Fee:571 00 000 Pea:0.00 01,1RF3E40 COUNTY CO EXHIBIT "0" Attached to and made a p811 of certain Memorandum of Amendment of Easement and Right -Of -Way dated SaptepiNer/o/3_. 2008. by and between Puckett Land Company. Surface Ovines. and Bargath. Inc., we Williams Production R MT Company, Operator COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0904097HAYSTACK 1. Effective Date: April 15, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $0.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Puckett Land Company, a Colorado Corporation 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Informational Only Commitment Charge $750.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0904097HAYSTACK EXHIBIT "A" A Portion of the Following Described Parcel to be determined by Survey: Township 6 South, Range 97 West of the 6th P.M.: Section 23: NE1/4 (Denver No. 117 Placer Mining Claim) NW1/4 (Denver No. 118 Placer Mining Claim) SE1/4 (Denver No. 119 Placer Mining Claim) SW114 (Denver No. 120 Placer Mining Claim) Section 25: NE1/4 (Jessye B No. 5 Placer Mining Claim) SE1/4 (Jessye B No. 6 Placer Mining Claim) NW1/4 (Denver No. 98 Placer Mining Claim) SW1/4 (A.O.S.P. No. 1 Placer Mining Claim) Section 26: NE1/4 (Denver No. 101 Placer Mining Claim) NW1/4 (Denver No. 102 Placer Mining Claim) SE114 (A.O.S.P. No. 10 PIacer Mining Claim) SW1/4 (A.O.S.P. No. 11 Placer Mining Claim) Section 35: Lot 1 (part of A.O.S.P. No. 9 Placer Mining Claim) Section 36: Lots 1 and 2 (part of Jessye B No. 10 Placer Mining Claim) Section 36: Lots 3 and 4 (A.O.S.P. No. 2 Placer Mining Claim) File No. 0904097HAYSTACK SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an Informational Only Commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 0904097HAYSTACK SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Reservations, conditions and stipulations contained in United States Patent as follows: -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on (See individual patents). -That should any vein or lode of quart or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last named date, the same is expressly excepted and excluded from these presents as described in the patents listed below. - Reservation of a right of way for ditches and canals as constructed by the authority of the United States as contained in the following patents: Date of recording Book Page June 13, 1930 160 452 December 30, 1929 160 357 December 19, 1927 154 482 July 10, 1924 141 536 October 17, 1927 157 406 10. Terms and conditions of Oil and Gas Lease by and between Puckett Land Co., as Lessor and Petroleum Development Corporation, as Lessee, recorded December 10, 1999 in Book 1164 at Page 400 and any and all interests therein or assignments thereof. 11. Easements and rights of way for all ditches, canals, springs and pipelines. 12. Apparent lack of a right of access to an from the subject parcel, except as may be provided by ownership of contiguous parcels and Access License Agreement recorded March 26, 2001 in Book 1239 at Page 675, 13. Deed of Trust from Puckett Land Company, a Colorado Corporation to the Public Trustee of Garfield County for the use of Hall & Hall Mortgage Corporation, showing an original amount of $2,500,000.00, dated September 18, 2003 and recorded September 23, 2003 in Book 1521 at Page 923. NOTE: By instrument recorded October 6, 2003 in Book 1526 at Page 665, said Deed of Trust was assigned to The Prudential Insurance Company of America, 14. Terms, conditions, assignments and all matters set forth in Assignment of Production recorded September 23, 2003 in Book 1521 at Page 953, and any and all interests therein or assignments thereof. (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 0904097HAYSTACK SCHEDULE B - SECTION 2 (Continued) 15. Financing Statement from Puckett Land Company, a Colorado Corporation, debtor, in favor of The Prudential Insurance Company of America, secured party, recorded September 23, 2003 in Book 1521 at Page 957. 16. Terms, conditions, easements and all matters set forth and described in Easement and Right of Way Agreement evidenced by Memorandum recorded November 10, 2005 in Book 1744 at Page 701 and any easement or right of way described therein. 17. Terms, conditions, easements and all matters set forth and described in Easement and Right of Way Agreement evidenced by Memorandum recorded July 28, 2006 in Book 1825 at Page 487 and any easement or right of way described therein, 18. Terms, conditions, easements and all matters set forth and described in Easement and Right of Way Agreement evidenced by Memorandum recorded December 1, 2006 in Book 1869 at Page 102 and any easement or right of way described therein. 19. Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded June 25, 2007 in Book 1941 at Page 148 and any easement or right of way described therein, as amended in Amended Easement and Right of Way Agreement evidenced by Memorandum recorded October 17, 2008 at Reception No. 757385 and any easement or right of way described therein. 20. Nonexclusive easements and rights of way granted to Bargath, Inc. as described in Corepressor Plant/Site Lease Agreement recorded July 11, 2007 in Book 1948 at Page 924. 21. Terms, conditions and all matters set forth in Garfield County Resolution No. 2007-109 recorded November 14, 2007 at Reception No. 737433. 22. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-03 recorded January 8, 2008 at Reception No. 740789. 23. Terms, conditions and all matters set forth in Location Fee and ORRI Agreement, including the assignment of an overriding royalty interest as more fully described in Affidavit and attached Agreement recorded January 14, 2008 at Reception No. 741079, and any and all interests therein or assignments thereof. 24. Easements and rights of way granted to Marathon Oil. as described in Agreement recorded April 9, 2008 as Reception No. 746240. 25. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-83 recorded July 8, 2008 at Reception No. 751859. 141 536 879E4 i 87967 .. • :::n:fin 4-1063. Glenwood Springs 022310. Tile UNITAD STAT5S 0? AUSRICA. To all to whom thee* presents shall come,Greating: ahercae.In pursuance of the provisions Of the,Revleed Statutes of the United Stetee, Chapter diI.Tit1e Thirty-two,and legislation supplemental thereto, there has been deroeitld in the General land Officio of the Hnited.Stetee the ertitiaate of the Begletar of the Lend Office at Glenwood Sprlaga,0o1oredo, accompanied by other evldenoe;whereby it eprearE that Delos.D.Potter did, an April 14,19E9,duly enter and pay for that certain mining clean or premieeB,knoan es the A.O.S.P. Uo. 10 and A.0.3.P. 110.11 placer mining claims, situate in Garfield CoUnty4o1oredo,dosoribed Ise follows: The 5.0.2.P. Uo.10 claim cam - pricing the southeast ,,uerter of ''action twnety-six in.Townehip six Booth of Range ninety- seven west of the,Sixtli Principal Peridian; and the A.0.9.P. Uo.11 claim comprieing the southwest gparter of said Section twenty-six; the premises herein granted,containing three hundred twenty Beres. Glenwood Springs 022310. now Know Ye, That there is therefore..pursuent to the 'awe eforeeeld,hereby granted ` by the United States onto the.aaid Delos P.Fotter,the esid placer mining premises bare- inbefore described; • TO HAVE AND TO BOLD said mining premiees,together with all the rightd,prlvllegee. immunities,and.aopurtenencee-of whatsoever nature thereunto belonging,unto the said grantee above.named end to his heirs end ensigns forever; eubject nevertheleee to the following conditions end stipulations; . First. That the grant.hereby made Is restricted in its.exterlor limits to the bona. aeries of the maid mining preaieea,and to any veins or lode=_ of quartz or other rook In place hearing gold,silver,cinreter,lead,tin,copper,or other velusble depoeits,wbloh fray have been discovered within acid limits subsequent to and which were not known to exiet on .eptenber 5,1922. Second. That ehnnld any rein or lode of quartz or other rock in pleee bearing gold, silver,cinnaler,leed,tin,copper,or other valuable daposita,be claimed or known to exist with- in the above-described premises at said last-named, a same le expreaely exoepted and ex- cluded from these presents. Third. That the preaieea hereby conveyed shell bo held subject to any vested end accrued aatar rights for mining,agrioulturel,menufecturing,or other porpoens,and rights to -ditches -end reservoirs used in eonneotion with euch water rights se may be recognized end acknowledged by the local lawe,onatona,and decisi000 of the 4ourte. And there ie reserved fron the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United Statee. Fourth. That in the abaenoo of,neoeeeary legislation by Congrees,the Legieleturo of Cateredo may provide rules for aork'ing the mining cle14.r pre_teee.:hereby granted,in- volving eseelente,dreinege,And other neceeeery aeano.to the complete development thereof, In Teetimony Whereof, I, Calvin Coolidge, President of the United Statee of Aaerlca,heve caused these letters to be made'Potent,and the deal of the General }ani Office to be hereunto affixed. Given under ay hand,ln the District of Columbie,the Tsenfy-?fifth dale ofJune in,the yearofour L±rd one thous- nvririAL end nine hundred end twenty -?our end of the Independence of the ; SEAL United Staten the one hundred and rorty-Highth ny the President: Calvin Coolidge By Viola Baugh, Secfetery; John O'Connell doting Rewarder of the General 'and Cffioe. Recorded:Patent uumber40679 ?fled for record July, 10 6.D.19E4. at 4:03 o'clock =.!!..'Falter J.?roet Recorder. 4y CHATTEL IfCB-►GAGS ?OR 1SOTOR Vi210L3 �+rG. /P''I. (-/Artltir.;L.row,c eeeffi I(. ree[r. riu . 00d ALL IlAll by Tam 1111:22U7S,^►het John L.Yan Anda 'of the County of Garfield, Ln the State of Coloredo,party of. the iiret'part,for valuable oonsidoration,Soee hereby sell to the Leeman Auto. Comppaany,.of the City & County 'of Denver,State of Colorado,party of the second part;the`following-deeeribed-pproperty,to-:Lt: - One 1921 Overland Roedeter,9eriel $167632, Engine i160113,aLth'e11 parts and equipment nos-on,oar:or aubeeguently installed during the life of this mortgage. The Candition•of this esid:cele Is auoh thet,ithereaa,firat party le joatlp indebted to secondparty'in.the principal sum of Two Hundred Thirty Your Dollars end eeventy.oente,eridenoed by ten Promissory notes, of even dote herexitb,peyable to the order of the.aecondparty as follows: t` 30.00.- payable July-let,1924, a 22.75 payable Ju2.1Ot.'1925. 22.75 payable Ang. lat. 1924. 22.75 payable yebr.let.1926. EE. 76 payable Sep t.lat,19E4, 22.76 payable llsr.let. 1926. 22.76., payeble0ot. let.1924. 22.70 payable Apl.let. 1926. 22.75 .payable Hov,let.1924. 22;75 payable,Deo.let. 1924. with intereut thereon as thereiri'etated; and - . -..•....- Wherees,Piretperty hereby covenants arA agrees with eecond'perty,that he will well end truly.pay'the said promissory notes end interest when.tbe ease -shall become due end.peyyeble; a1so•thet.in,tho,oese of default in the payment of,said. notea,or any part thereof,'or,Any;portion ot.the interest thereon; then at the option of second , testy at any time while default oentinues,the chole of the esid indebtedness shall et once become doe end pnyeble,enything in said notes to the contrary notwithstanding; eleo,thet until said indebtedness end every pert thereof,end ell interest thereon shell be fully pald,firet party will not sell or dispose of or attempt to sell or I� 482 .., 2,;y f�tr c?:•ij i; l'h. '5.i'•; 'ti.: - l.;f-z :, nsf k 3.'-, .y.r� irk _ T r ?4^-i , r:l'i•'P� e. No. i0O10 the po118y'oi4oliaiea of inearenoe to khoibonefioieryliereiiutder,:or holder;.of "'ealdpdriteet a6 -f erther4aoourity for,;.sp the::indebtedrieea_afoyeaeidt�and ln:ae ee_of_the;rafusoi.;.•,_. or. negleettnt.the;r]ald:party5.0iLthe firatari'„;or eltber of: then ,•Ii�ii to7inuuieros`aaligd or;delivoi'.the.polioiee•:of.inen'rance„ or<•teEpay auchjt•az09'or;,geseannentiei4tbea•'the holder of se id i;etseaC r aay;of_ther, ioi3y•proc*YO euoh,lnsurance'or:pay'euoh?;toffee os ;aeeee(r o ente=.end all kmonayya .thus;paid';%elth' interest; thcreon'•at Bight_,por eent;. per annum, • shell:heeAese”eo"creoh'Orli%tonal' ,•lndebtad dee a aeoured,by thin Deed'of •-Trust;.and shell be'_, paid out` of the pio6e@du of the:.aalo'of•the,lender and prenieea'eforeeald, if net other-' wine -paid. by' said party Of the first pert -- �`{ fAndiiaaippled;covenated,;and,egrgedhatkia safault ;inLen of said pray , mrnta'.of.,pricipal or intereat'tee eording.te thettenor and, effeoLoaf ;fie id'-promiesuty notes. . aforeanid„ 6r,-•egytcf:;thenl or any, pert,thoroof;.or of, a, brooch,o'r:vloletloa of any of the , oovenantarorfagreeoenta herein by e ptharty ot-the firet;,port,;bia hoLre,`.efeoittore,: • oddiniatretime ;the whole 9f said principal iuephereby aeouye4;and,thesfnteroatithereon'to''the.tine of sale; may.,at-once.; at: the}option of the • 'legal;balder;thefodf Moana.due agd,payable, ;find ,the•eeld.prealsee be.eold luthe runner lr:1 e nd ,with':the'Bane 'effect aa"1f. the 'amid 'indebtedpseeLbed-retured.;by;2epee: af_tine.?;::• :: • Thle Deed;ott7'ret`is eeacuted ;and'delitiered:nnder.an sat. Settle.beeembjy''of tho .-Stote.ef Coloredoi-entitled„."An'Aoi:•oonoerning,Deode of Trust end.otber-inetrunente of lite purport. and repealing all Other Bete or parte of note in. eonfliatherewithi” approved !larch 5th, 1694 and all the provlaloae of (raid Act and amendnenta thereto ore hereby node'applibeble t0 this Trust Need .• It{ WrzuHss.2P-L E01r` Tha said party of the first part hen hereunto set hie hand on Beal the 'day;and year first above written. L'. >1. Clougb (Seal) STATS OP COI! RAD0, }; 23. COLI]TY.O? OAR.'!i411,)j:..':, • I, issue 11...gail; a 46tery Publio'in and for laid'rcoaaty in the,Stete aforeeeid;•3o . herebyy'oertify that•L. U. Clough 'who '::,peradnally"known to.ria .'to be tbe,pereon'whaee riaae:ie.eubacribed'to the above and foregoing. Coed of Trust, appeared before me this 41416 'paraot3, and dakdOuledged `tbot bo olined, oeelee end 'delivered lhe' eaid• inetrament of writing ea hie freo•end voluntary act, for the uses and pnrpoeee therein set forth. Given under my hand and Notarial 3ea1 this 'Twelfth day of,Decenbei, A. D. 1927. Ily oosdeuian expires January 4th, 1930 Lse11e 8. Rall Notary. Public. L TILRD 302 E CO:'9 DBL`. 16, 19E7. et B.34 O'0LOCC A. 11, 17AIE R J. FROST, ;,BCCa.2!. . PARTIAL DELF..ABE 0? CBATTEL 1I0TOA0E III CCt1SIDRitAT10It.01 the. st' paya>e»t pt the; of ]line Haadred Port, -five D,ill'ara f§996.01 we we release twenty. one head; of nixed cattle, branded: - IA , together with acid brand, e ll inoladed.iii.the mortgage made by, Ghee. Borg t� no on the -25th day o; Unroll,. 1926, to e eonro the payment of two thoueand dollars (4000.00}, payable on the 25th day of Member 1926, and on file in the offioe of_the County Clerk and Recorder in Garfield County, Stet of Colorado, in Book 11.3, Rego 442 of recorde of raid County. Witness 1[y band, this 15th day of December, 1927. STATE NO.'. COi,0RAD0 ) is&BA •C.O•U1{R,Y) SB, On this 14th day of•pearim er;'19E7;'.iefere ne;Crieea 8. Pond, Notary Public. duly ';ooaniaeioaed end qualified for, 'and rasiding in Paid County, t'eraoaally each D. T. Stone, YSee,Preaident of the United Staten Bank of Grand Junction to me perooaally burn to to the person whose nene le eabaorlbed to the above release ere nakor. and acknowledged the eaid ir:etronent to be hie voluntary act and deed. Oiren wider iv hand and 9oteriel Seal, thin 15 day ofDeaenter, 1927. 1;y aemnieeien eapiree Jnly., t0, 1928.. . .. United Stater] Bank of Grand Junction U. T. Stone 71c0 -President Crieas B. Po Notary kublie 'FILED FOB R1CCRD DSC. 17, 1927 at 5.0B 0' GLOM 1. 71. u3I.TaB J. PBCST, R CQ'`DYR. 00,1001011 Denver 037086 TO :(1,...1;.7i.:1; i,HCU .s.:-44i.‘141316TS BiIALL CC118; G 2 .TIitGt 1TSEa8A3,'iin pnrea0n0e of the prOvieionn ef-tbe Revised otatetea•of the United States, Rhspter �lst:Y1t1 -hirty=tea, pnd ne legtaletton.nupplcntal'tpt6 ore, there-b as boon si depoted• in thr;;4encsel Lind: Offiao 01 the United States -thecert ificed e": ofcthe' Regleter . of the'.Land,office;at;G;eurpud.,Springa;•Colotadc'.aoecnpaaied by• other' eridence;;whereby •it•oppaare tbat'Tho Pnderul abe1e:0i1 •4ormpeny,.ei5,ion'June'24,•1926,..dn1y, enter end"pay • • for Abet certain wining Clain et prenigee, -known as the `'eesye. B. tio. 1;• Jeesye B.' go. 2, . • Jessie D. Uo,•.3, Jeeeyo B. lie.- 4; and derma 2.•I1o.'.5 placer mining claims, situate in th Parachute Dining Diatrict,,Garfield Coonty, Colorado'; d eaaribed as follows; the Jeoaye 2. pa'. 1. olain comprising the northeast gnerter of •Section twenty four in ToornObip sir 000th•-af nge=Lileety-6eeen-weatra f:the_ 5ii h Pr1w teal, ueridten. the Jeseyee. B. Ito. 2,. ole n 1' 3. fl • 159r .,. .. .,-.-„'.f,- '.ir.F n•rs;�r?,+r-=•�`r`: r . .-'-r•= :tt�” '^,^.":^r� NE'. x'ti%'IrSR:�4 i�ic Tc_ 111 onpriefrig ';the .sou theeat;:geiaikor b eaid;8eetlun:txent7-four;'rthe?Jeeoy'e''$:`Aon°;g:oleic comprising the^soathwaat quurter;,af'geation:ni atpen;in Torrnebip':eIx".'manth.'of±Range nine ty I.x ,not 6f.ttiei9jxth*Prineipa1 ueridisiii': ie"Jeriege 8:_Tlo..4-olaie eomprieing-the northuest'Quarter Of-,eeetion'thirty lit said .aonnehip'nix death.of_Nange Ninety-aix •west;' end the-Jeseye_B(Aie.-.5'.01ein comprising"the.northeast quarter. 61.Seetion Twenty-five In e aid.Teenehlp nix :south or range ninety-seven Nests the.premiece herein granted, contain - leg eight honored sores. Denver 037856'.,:• HOd•10808 Y3, That there;ie theiefore,.persunnt.to the len aforesaid, hereby;granted by the -united Staten note >,thg.aeid:The .?edera;,Shale 0i1 cehpeny, the said 'placer dining.. pretiisee he relnbefore.deeokLbedl ♦ O 8dY3 AND • £0H0I4 eaid t nining':premtdes ; together with -ell the rights,- Privileges ,-laaun- Mee sed eppertenaneea;'nf,Whateoever nature _therounto belonging, unto the eaid grantee,' above named and: to'lte`• aveeeaco're end :eeeignn forever; liobjeot•nevertheless to the -follow- ing;oonditione•and,etipulutlone:. rt...,. - FIRST.•:Thet t e grant =hereby arae is..reetridted tn'--its eiter�or;lini e•t the bbnndarlea; of the said raining;pt'enLeee,.and to:any:veins:or.,icdee'.of•-`gaertz=or._otberlrock-ln_plcoe-_; besi!og'gold;� silver, oinneber,.1end;'tin, Dopper, or other tcluable'dopoeite, whieb may have been di_eoprered within said finites snbeequent'to end which were not known to exiet on April:3, 1926 •. SECOND.: That ehoald any vein: or 71Pde .of quartz or other; rook it,pleae baring gold,"silver, olnnaber, lead;',tls3':oopper,:or'othe'r Valuable depoeite be claimed or know:to exiet within t the above-doeoribeo+premieee.et`aeid last -Waned date,'the:iame is expressly -excepted end aro-laded from 'theie preeente i3IRD'.:That•: the proatede hereby -conveyed ehould;be-held snbjeot torany veeted'end accrued Neter rlghte1er mining, agrlaulterel;"cannfaetnring or.,other pn_rpoeen, end rdghtto ditches 'and ressrvpire need: In'connebtlan With' ;sueh Deter' rights' as say be'reoogn,.ired and acknowledged'by.the local laws, cneto1:13,''mid deoteiang of the oaurte. 4nd there ie reser- ved from the lands hereby granted. dright of way thereon.for ditches or aanel oonetreetcd by the, authorityof, the United States. :0.100106 POUATii. That vizi .of receeso17 legislation b3 Congrono; the ie ielatnro of Colo redo may proviaa_rnlde for working the mining claim or premises hereby granted, involving easements, drainage, and other necessary means to the ccaplete development thereof. 111 UV:0 SM nHER307, ',Calvin Coolidge, President of the United Statesf Azer1ei, have caused these letters to be rade Patent end the Seel of tho General land Uffice to be hereunto affixed.' • G iven under sty hand; at the City of Haebington, the Sixth day of December in the year of oar lard Dae thousand nine hundred and twenty-seven and of tho independence of the United States the one hundred and :'iffy -second. •-•• OFFICIAL By the president Calvin Coolidge SEAL By Viola B. push. Secretary 11. P. LeRoy RECORDED: PATENT NUMBER 1010030 Recorder of the Uenernl ...and Office YlL:.3 FOR P.E 1RD DEC. 1;, 1927 at 10.00 C'0L0J A. l+. .iAZ.igq 3. 730ST, R$CCR x125. WARRANTY DESD TH13 D%i;a; !lade this 16th day of rreceaber,'lo the year 'of our Lard one thousend.nine bun3 red cad twenty -sevens between THE P D3 -RAL 5RAI3 C1L upiE-,UY, A Colorado cori.oretion, of the firat part, and il', n. Rookies Of the'ecoend pert: _ • TITHESSSAI That, the.'ouid party; of the:firni part, -for' and Ln consideration• of the sem of One-Dolier t1,001 and• other valuable aoneideretiona •to:the said perty=of the. first part • Lnhand.Paid ;by.,the'eaid:party` ofthe: 9econd part, the receipt whereof ie' hereby', confessed and acknesledged,;,hea grented'+bergaine3,.eold.and eonveyed..and'by these preeente•doee grant, bargain; 'aell;'convey' end_confirri unt'o.the" said forty of the second part, his hairs and esaigne forever, all the folios -Log deeoribed premises eltuate,.lying and being in the Coanty of t.arfleld and State of Colorado, to wLtt - . The Jeaeye B HO. 1, deeaytr .' (!o 2, Jepaye 8.:11v 3,,Jeaeye B:•tio 4 endtJeeaye a rfo:'.6 ` Placer dining "leina,-.eitaote.in the Parachute'dining' Diet riot;'Carfield:nounty ;Colorado, deaaribed ee f.illowai •:The !!eae�e B. in:ielaln; o.emprloing,-the northient:'guarter`af:Section Twenty_four-iu_' tehip_aiic_eonth of_Rtrrtg fllnetP eeven:i€eat_ef.the 3irth;Prle1ipdr tTerldlam:- the Jeeeye;n.`-EoY2Lclnia.eamprieing the, aonthceat,gnerter,of avid Section twenty-feurt '= the Jesey0.;41)3 al>ta'comprleing the:eoisthuestquarter bf Seotlon.uineteea'in toaniahip six eenth of 8erige'nirietjr-aix weet:o#:tbe';Stith Principal .meridlen;•the Jeasye'B. No; 4" Claim oonprieing;the;northwoat gnarter..of'3ection Thirty in said Township six south of Range, Ninety -air ;,fleet; and7.,tho>Jaeaye•_D. Ho. :6,=olein eonprleiog the'llortbeaet'quarter d 6eottoletardrity=five`'. in eaid` cYringh'i'p'aii.south�of-Eenge=ninety-aeron'west;°the-premises- - hereingranted, Containingeighthundred eoree..• . ' TiOGETHSB wilt .ill ind' eingnlar -the-hared ittniente and; nppurtenenceo thereantU belonging, or in aeries. appertaining,.end. _the .reversion {arid;reversions;:..reoelnder'and 'ier-sinlera,` rents ieaaee and profits thereof;"and ell'the'estate,' right,.title',:iotereat;' o1nih and -dor -and wbateoever, of the said party of the first Fart, either in law 'orequLty, of "in and to the above bargained premises, with the hereditanenta and appurtenances. TO HAVE Ma TO HOLD the sold premises above bargained end deecrlbed:'vrith the apportenencea, unto A. B. Hookine, the said party of the seacnd part, hle'heire and esaigae forever; subject nevertheless, to the following conditions and etipuletione;, FIRST. That the grant hereby made le reatrioted in its exterior limits to the toenderies of the said mining premises, and to any veine or lodes of quartz or other rook in piece 7' • ':l _--__ ft - 406 o. 199630 Denver 015502 } MUD STA45G OF A113ICA, To all to nimbi these presents shall come, Oreotlog; L11S[c3AS. In parsuenee of the provialans of the Revised Statutes of the United States, Chapter Six, Title Thirty -toe, and l'egielutiun supplenemtai therctc, there his linen de waited in the General Land Office of the United States the Certiricate of the ie6ister of the Land 0_•_ioe at G1enreod Sorings, Oolorado, ncoonpeuicd byer evidence, u':ereoy.it eppen rs that The Federal Shale Oil Company 616. un nay L'7, 1947, dulyenter and puy for that certain Pining eluiu or premises, knonn ao the ieaeye 3. Do. 6, Jessye 3. No. 10, Joosya 9. I[o. 11, Jccsyo 3. Do..13, Joosye H. Ilo. 16, A.0.5.P. Ho. 1., A.O,S.P. D0. 2, A.0.3.P. No. 4, and A.0.5.P. Y. 5 planer mining claims, oituate in the Parachute mining Distriot,,Oarfield County, Colorado, described us fellong: the Jessye 4. We. n uiaLL,00mprleing the a Least gnnrter of Seetian tGeutj-tLYd i.- GL .o uth of flanoe ninety-seven nest of the sixth irin0lpai lerldiau; the Jessye 3. 1[0. 10.clain, oonprlsieg the Lots one and'twu of Caution thirty -els, said Tot,nship and {ands; and Treat Fifty-nine of Section one in 'Township seven south of }longe• ninety-seven rest; the Jessye 3. I1o..11 claim comprising haat Sixty of suid Section one; the Jessye 3. Vo. 13 blain comprising the Iota five and six and the south half of the southeast quarter of said Section one and, the north half of the north half of the northeast Quarter and the north half of the north hull o,: the south half of the north half of the .northeast gtarter of Section tcelve, said Tonnah1.p.aovon south of [Lange ninety-seven 'oast; the Jessye 3. tib. 16 oiaim oemprlsing the cc_tk half -of the north half of the south, half. of the north half of the nocthecet ti:erter, the south heir of the south half of the north hall or the northeast -quarter, the south half of the northeast quarter, the north halt of the }forth half of the southeast Quarter, and the north half of the north half of the south half of the north half of the southeast quarter of said Section tvlevo; the ,i.O.S.1'. No. 1 claim comprising the southreat quarter of Scotian tnenty-live, staid nenship mix south of Range ninety-seven rant;, the A.O.S. NO. 2 claim comprising the Lots three and fear of said Seotion thirty-six; and Tract Sixty -too of said Section one; the A.O.S.P.'No. 4 aloim oemprising the Lots seven and eight and the scut half of the southvest.auarter of said 5eation one and the north half of the nerth half of the northreat quarter and the north half of the north half of the south half of,the north half of the northvest quarter of said Section tcelve;. and the A.0.S.?. No. 5 blain eampriain5 the south half of the north half.of the south half or 'the north half of the northeast ouarter, the south half of the south halt of the north half of the northvest quarter, the eout}t half of the northvest quarter. the north half of the north half of the auuthnest quarter, and the north hair or the north half of the south half of the north half of the aouthneot quarter of said Scotian trelve; the premises herein granted, conteinittg oma thousand four huudred thirty-eight acres and eleven hunS1edtha of an acre. D enver 039b02 ROW 1070:! YS, That there is therefore, pursuant to the lags aforesaid, hereuy granted oy the United States unto the said The Federal Shale Oil Jo.peny, the said plaoer pining premises hereinbefore described; TO IiAVS .UID 20 HOLD sttid mining prenlses, together pith all the rights, privileges, i !since;: ana_appurteeaneee of whatsoever nature thereu,tto oelenging, unto the esid grantee abeve named and to its suooeesors and assigna forever; subject nevertheless to the following conditions and stipulations: . 7165T. That the grant hereby nade is restricted in its exterior Units to the 5otu arses of the said niniag premises, and to a„y veine,ar lodes 01 quartz or other roe,: in place bearing gold, silver, oinnaaar, lead, tin, copper or other valuable deposits, 1hich nay have been diaoovered within said limits su.sequent to and which vera not known to exist on Larch 1e, 192 53003;0. That should any vein or lode of quartz or other rook In pluoe nearing gold, alive•, cinnauar, lead; tin, copper, or other valuable dor sits, be claimed or knonn to exist nithiri the above-described premises at said last-named data, the sane is expressly excepted and exclud d f rom these presents. LAIRD. Thet.the premises hereby convoyed shall be held subject to may vested and accrued rater rights for mining, agricultural, ranufacturing, or other purposes, and rights to ditches and reservoirs used in connection oath suoh rater rights as may be recognized and ackaonledged by the looal lave, euetoes, end deaiaions of the courts. And there is reserved from the lands hereuy granted n right of nay thereon for ditches or canals construoted by the authority of the Vatted States. FOURIa. That in the aueunue-uf ueosaoary-lobielatiea-by-Ceneres a,_the_Legislaturo of Colorado nay provide rules for Dorking the pining olain or premises hereuy granted, involving easements, drainage, and other necessary means to the complete development thereof& 1D 73S2I1_'O1Y 111111.iSO?, I, Calvin Coolidge, President of the United States of America, have caused these lettere to oe nada Patent, ond,the Seal of the General land 0f_ioo to be hereunto affixed. .. CLV11!I under ny hada, at the City of T;asetington, the Twelfth day of Oato. er in the year of our Lord one thousand Phis hundred end Twenty-seven and of the Indopendenoe of the United States the ane hundred end Fifty-second., dy the ?residents Culvin Coolidge By V±ala e..rueh, Secretary. OFFICIAL SEAL 21303DSD: Patent liunbor 1003466 1:. P. LaHov eceoree- of the General Lank P IL56 e1D2 ZETOaD 0C@. 17, le27 at 3014 O'CLOCK A.nn. SIALiEJ J. 'r'iiOST,. 11xCOitDEH ;59639 }iI2311SI0N OF CHATTEL 1:ORT7ACE . - Mee ee Inicll ALL }LEN 9Y HEsE PRSSaDTS, That a certain chattel mortgage given by Ton. Pugh, the ^teeeo", to R, O. Smith, tha nort;agee,,vas filed or recorded us provided by lav in the offio of the County Olerk•and Recorder -or the county'"uf-v-urfiald, -iY` 0-0f-Colnrado.. ea.the 1-t day of Ve:traary, A.D. 1926, being instrument no. 93952 in book 145, on pa:.o 96, of the records in said orrice. Tout Ona Hundred Five and nof100 Dollars has oeen Paid on adeount of iiia debt secured by t '14(3 watts utak 6141'uyyt.ba,.a1 .-- 1 • 1uu 3)7 ;;o. it/0110 ::FFIDAYLT OF 7ILC1i UT LODCR ,_I:] IL'PROV IT -Tail • • 0" ) ! E ) 55 ' CCiiliTl ) B FO LR, The subscriber personally appeared p, G. Cameron, rho, being duly soor:t s-1th that at least tro hundred dollars* worth of work or ir:proverents uore performed or rade upon Clcrabcll No..1 and 2 oil shote planer clairs Join the 14- Lice. 23, T. 0 5. R. 69 M. 6 P. U. situate in Sit. Logan Manny; District, County of Oar£fe1d, State of 4010• as recorded in book 111 at pate 220 of the records of said Garfield County; suoh expenditure was rade by or at the expense of Clyde L:oslonder and Luc Burgess owners of said c1.ir s for the year ending .lune 30, 1927 and row the purpose of hol.dinr said claim. Said work was performed between the 10 day tr Aur;. 1027, and the 30dny of tune, i•.U.1920. P. 1.. ,:o,meron Subsoribed and scorn to before *ae this 7 day of July A. J. 1920. 'y commission rill expire ..pril 27th, A. O. 1930 t•Veiy, l l Robert Baton Not+ry Public _ �i.?� 7�Fi ?»:,,,;iia J_... tO, 1-.:S _ - 3.03 i* Ldp:. _.. '. .._.a ♦.ct JJ:I-, a..t'V.IJa- ..- , , _.... r i Ga. 106122 Denver 035449 TE. 'UNITED ST..TZS 0i LI ERICA, TO =LL TO ..I.uL Ti:iS1: PRESETS SYo.LL C014,GnjLti50: ii] ;il^y; b, In Pursuance of the vrarisiens of the ilevised Statutes of the united States, Chapter Six, Title, Thirty-two wtd legislation -suppler pntal.thcreto, there bus been deposited_ in the Geaeral• Lund Office of the united States the Certificate of the Resister Of the. Land Office :.t Glenr,00d Springs, Colorado, accompanied by other evidence whereby it appears that Delos J. Potter did, .on June 23, 1927, duly enter end pay for that certain-nining claim or prenises, known as the A.O.S.P. too. 6 Placar,A. 0. S.F. 1:0. 6 Placer; .D.S.P No. 9 placer, A.O.S.P, nu. 10 PLaeer car,LL.0. 1". nl mining claims situate in Garfield County, Color:.do, described as follows:y�Thhe 1.0.5..P. .o 0 Miner 'Olein, comprioin„ the youth half of the north half of the south half of the north half of the northeast quarter, the south halt of the south half of the north half of the northeast quarter, the south half of the northeast quarter, the north ball of the north half of the southeast quarter and the north half of the north hclf of the south hell of the north half of the southeast quarter of section cloven in township seven south of sane Hirt: ty-seven rest of the Sixth Pr ncipel Meridian; the 1..0.S. P. i`o. 7 Placer Olain, eonprisin5 the Lots five and six' .nd the south half of the southeast quarter of Section tro in staid Township and rar;;e ac:. the north bolt of the north half of the northeast quarter Gond the north hole of the north huff of the south h1:1f of the north half of the northeast quarter of said Section eleven; the L. 0. 5. P. Go. S'PlLcer claim, comprising Tra't I.o. Sixty-six In •iounship seven south of range ninety-seven nest; tho .0.S.P. Po. 9 Placer hairs, conprining the Lugs une and two of Sectio; in Township six south, and 'i•reot Go. sixty-five in township seven south, all in /Lange iilttety-stuck west; the A. 0. S. P. No. la P1:.00r claim, 0rprising the �.nta seven and eight and the south ball of the southwest quarter of sid section two end tte north half of the north hair of the northwest quarter and the north hall' of the north hal£ of the south holt of the north half of the northwest quarter of said Section eleven; and the A. e.S. P. Go. 14, Placer claim, corpris<_n C the south half of the north half of the south half of the north half of the northwest quurtor, the south half or the south half of the north half of the northwest quarter, the south half of the ltorthtest cu crter the north half .of .the north half of the sou;h,rest quarter and the aurth half of the north half of the south half of the north ball o1' the southcest quarter of said Seetlon eleven; the premises herein Granted contLinino nine hundred fifty-eliht acres and eighty-two . hundredths of an acre: N013KNOW YE, That there is therefore, pursuant to the lots aforesaid, hereby granted by the United States unto tho said Salus D. Potter the suid placer raining proposes herein- before described; i TO iL:r' ON) TO HOLD said wining premises, together with ull the rt3llts, privlleoes, 1._.unitiut and uppurt•.nances d' rhl.tnoe'rer nuture thor eunto belonlin unto the said toruntee cove named and to his heirs and assigns forever; subbect nevertheless to the following conditions and stipule tions: FIRST. That the Grant hereby node is restricted in its exterior 11 -:its to the boundaries of the suld wining premises, enc to any veins or lodesof quartz or other rock in place bearing gold,ai17cr, cirnL.bar, lead, tin, copper, or other voluotlo deposits which nay hove been discovered within sold limits subse_Iuent to and which aero not known to exist on February 21, 19P4 Th•_t should any vein or lode of qtr rtz or other rocs: in place beurin3 eold, silver, cinnabar. Loud, tin, copper, or other valuable deposits be clnired or =.nota to exist within tho :tore-duscribed premises at said last n:.[:ed date, the sure is oxpressly excepted app excluded from niece presents. That the premises hereby convoyed sh 11 be held subject to Loy vested and accrued t a• ter rights for mining, agricultural manufacturing or other purposes and rights to ditches r 358 and reservoirs used in connootlon trith such rater rights us Huy bo recognized and esenun- 1edted by the looal roes, oustoue and deeisloee of tee courts. :_nd there 15 reserved from the lands hereby grantee a right of May thereon tar ditchca or eenule ecnnt-.;ted by the authority of the United States. FOURTH. That in tho absence of necessary legisletien by Congress, the Loglsletu_e of rolorodo r_uy provided rules for rorking the mining cluin or provisos hereby granted, invol- ving easements, drainage unc other necessary ,_cans to the c u_plet° dovclopn.nt thereof. IN iTSili:Ji;i ';1n Imor,- I Herbert hoover, President or the United Stotes of '•neriou, have caused these letters to be rade Patent, end the deal of the General Lend office to be hereunto unfixed. Given underny hand, et the Lity of Lashin ton, the lesentieth duy of .reeenber, in the year of our Lord one thousand nine hundred and tt,enty-nine and of the Independence of the United .states the one hundred and fifty-fourth. UFF)GIAL SEAL By By the President: BY. Torbert Hoover Viola 2. Pugh, Secretary ti. P. LeRoy Recorder of the ',enured Lend office Redorded: Fetent F.urber 103315e 'cILeD :i$ 3eC_H3 Dee. 30, 11.25 _t a.20 OseLOOK L. ... '.f L.0 J. ee0ee, ReGoeeeel. Mee. B. ._..L , I:o. 106,13E WeRR'_1S TY DIED HIS INDENTURE, Ueda thin 24th duy of June in the your of our Lord nineteen hundred end treaty -nine bot;een halter ii. Stouffer end wife of eeeorpton in the Jounty of youi1ns and State of Kansas of the first pert, end eon M. .tauffcr, 5cn. of +rifle in the County of Garfield end State of eoloreeo of the second part. TIINeSSETH, That the said party of the first port, in consideration of the sun of r.ieht hundred end twenty-five & 00/100 Dollars, to then duly paid, the receipt of which is hereby, acknowledged, has sold and by these presents, does grant and convey unto the said party of the second part, her heirsund assigns, ell that tract or parcel of land situated in the Bounty of earficld and bEate of Jo1nrado, desoribed es rollers, to-rit: The East one hnir of the northeast quarter Section Thirteen, toennhip 7 3o. Range 03 F. b P. 11. oontalning h0 acres. %1tt%a11 the appurtenances and ell the estate, title and interest of the said p.erty of the first part therein. .n5 the Bald Leiter a. Stauffer G Fife does hereby covenant end agree that at the delivery Hereat they the lueful uh,;er or thor rieo l^ueeve grunted, and seized of a good and indefeasible estate or inheritance. therein, free and olear of all ineambra ces, and that they will lZerrant awl ueferd the sane in the cuiee end pnaoeoble posseno1on of the said part', of the second part, her heirs and oesiens, forever, against all persons lat:fully claiming the sere. IN L:Iin=S5 nieeRE0e, The said partys of the first part has hereunto not his hand end soul the day end year above written. Falter D. Stauffer (Seul) Si' cd ..eared end delivered rule. J. 1 taut for (tical) in presence c£' ' S eTE 0? i__..s,) ) as DD I L15 COV Tf ) BE IT'Iii=leRED, That on this 28th day of dune, e. 0. 1929 before fie. J. %.,Kreider a Rotary Public in end for said County and etute, cease halter u.-.tauffor _rd Ibba 7. Stauffer to me personally known to be the same persona who executed the foreeoin instrr=nt of writing end duly aoknewiedged the execution of the sane. IN UT= SS 71ii0;, 1 bave hereunto subscribed re' none end affixed ry n: ficial seal on the day and year last above Tritton. 1!y eor„issicn expires Jen eth, 11.30. 7= _'i:i ee0: D eee. 31, 1':... e ...0 e'eLLe; . ... . r.-.. : J. U. Y_reieer Votary Public 169 hereby expressly ached -end nll.rents, issues and profits, income, and revenue threrefroa shall be applied by such Receiver to the..payaent o1 the iadebtednoss hereby secured, accord. - irk; to lea and the orders and directions of the court. !RD, That in orse of defcult In any of said pe,ynents of principal or interest, according to the tenor ^^d effect of said pronissoiy notes aforesa}d, or any of them, or any part thereof, or of a breach o£ violation of any of the covenants or of.reenfnts herein, by the portico of the first part, their. executors, cdminlstrators or assigns, then and in that case the whole of said Principal scat hereby admired and the interest t:.orcon to the time of sale, nay et once, at the optieh of the lego1 'roldur thereof, bee:pe tuo and pa -able and the said property be sold in the mrrner &i1 with the sane effect as if the said indebt- edness had natured, _nd tries if fureelosure Le made the 1..bi'^ ^-•^•^-, ^^ ++„..a; +� fee of the sun of dollars for aervIces in tic mapervicsieh of emit forsclospro nrooeedin`s shr11 be r11oy:ed. by the 'ubLio 'Trustee ac a part of the cos,: of foreclosure end if ±oreelosJre be made throw h the oourts a censorable attorney's ace shall be toted by the court as a pat of the costs of such foreclosure proceedinge;. IN Tr'II SS T;itza 0:, ?he acid parties of the first port have hereunto set their hands and seals the day and year first above written. Tho=as Oyh.rcdbnl [Seel) Bruno 0 •heroabal (Ses1) STATS 0_' COLORADO } 1 SS COi1NI'{ OF }SSA I t..1 I, Ethel Handley, a Rotor, Public in and for =rid County of•I:ese, in the State aforesaid, do hereb;; certify that '':^cane Oybareebel and Bruno Oyhrrcabal rho are personally known to!^e to be the persons ^-hose nrne3 are subscribed to the foregoing Deed of +rest, appeared before no this day in person and ec7snorledged that they signed, sealed and delivered the said 1netrsment of asitia as their free era voluntary act Fad deed for the uses and purposes therein specified. Given under my hand end Notarlul seal this 13th day ofi+ovenber, A. D. 1920. ];y seem/salon expires Januar; 31, 1931. 110Alki Ethel Handle;_ .SEAV fol rrs� rublic r1Ls1` 1 -ZR :t IG.tD 0.117 13, 193O at 3.12. 0';10.,. ... :F_-__,1 Fa032 No. 107291 Denver 035313 ilk 1 IPSP STATED 09 J RI.A 90 ALL TO 1-101 T1ES3 :3i Srr:'S SItALL I U: j OiciEEIEG: pens-uanee of tho provi_ions of the Revised 'statutes of the United States, Chanter -1a, Title Thirty-tro aid legisletinn aueplenental Hereto_ there has been deposit_ in the Genera/ Lend -Office of the United States, the Certificate or the Register of the Land office at G1errood Springs, Colorado, accompanied by other evidence whereby it appear that The Denver 011 SIn•le Oenpany did, on June 20, 19.:5, duly enter ant pay ,for that certain mining claim or premises, l:norn as the Denver Ifo. `8 Placer kerning blain, Denver Lo. 10i Planer 1:Inine Clain, Denver Ifo. 102 Placer Linin£; L1ai:s, Denver Mo. 117 Placer Lining C1ein, Denver Eo. 110 ?Ivor rifling ''1eta, Leaver Mo. •119 'rlaeel I:€nir,p Clain, 'Denver Ifo, 120 Placer °°=fining Claim, Denver Ito. 122 ?lacer lining Oleic cad Denver Uo. 124 Placer 'lining 41eln o11 shnle placer oinind c1aiss, situate in the 13. Lown }lining District, c'arfield County, Colorado, described as follows: The Denver No. 93 Placer I ning ".din comprising the norttrrest Quarter of section twenty -Sive in 9ornship six - south of Range ,ninety-seven west of the Sixth Principal L erid ion; pie Denver No. 101 placer I:ining "Lain comprising -the northeast,gierte.r of Section twenty-six, acid totnship f and r oo; the Denver No. 102 -Lacer 1:ining ` is it, cocpris Eng the northwest quarter of said Ssetion twenty-six; the Denver No. 117 Placer lining Clain eenprisir2 the northeast euarter,of Section twenty -thee said i'ornship and Range; The Denver No. 115 ?Leser }_'fining "lain comprising the northwest Quarter of said Scotian tronty-three; the lenver No. 119 Placer liming ',lath eosprieing the southeast quarter of said Seetion trent7-three; The Denver Fio. 120 Placer 1:inin:• Clain comprisini the Seutirest ';,tarter of said Section P er,ty-three; the Denver Ho, 122 placer 'lining ',lain comprising tae northroet ouertor of Section trent;{-four, said Yornship and :ane; and the Denver "o. 124 Placer I:inin Clain conprising the. South -.-..est '-.ea=ter of serf $cation treaty -four; the pi._ises herein [ranted containing one thousand fdur L r.dred forty acres. Denver 035313 201 EI:Ow YR, That there' 1s ti=refore, pur;irnt to t:_e larva afore:41d, hereby Granted by tt± United States unto the said +ho Denver Oil She le Coapary, the said placer ninin• premises hereinbefore described: 3O HAVE fl TO HOLE said raining promises, together with all the rights, privileges, immun- ities, and appurtenances of rim tsoever nature thereunto belonging, unto the safe granted above ne=ed and to its Successors and assigns forever; subject nevertheless to tics followir,E, conditions and stipilntionu: FIRST. Thnt the brant hereby scde is restricted In its exterior limits to the boundaries of the said mining: premises, and to any veins or lodes or quartz or other rock in piece bearing gold, silver, cinnabar, lead. tin copper or oti.er valuable deposits, T'hioh ao,` h=7e been,.., d1 ire" s_ub in said litatte se ;lint to cod 'which rere not 1:no-n to exist on 11ove_ber 17,•1924. , • 1tiU 45,3 I SE OIP. That should eny vein or Lode of cuartz or other rock isi plaec bearing told, silver, cinnabar, lead, tin, copper, or other valuable deposits, be claimed or kno"n to eeitt within the above-described premises at said last-named date, the same is cee. .,..ly ,.....,.rt..d and exoleded from these presents. 'aliIID. That the promises hereby conveyed shell be held subject to any 'vested and accrued rater rights, for mining, r-rloultural nenufeeturlrg, or other purposes, and rights to ditches and reservoirs used in connection with such tator rights rs may be rsocenized the eck- narled;;ed b: the local laws, customs and decisions of the courts. Ana there is roeeeved from the Lands hereby grr,nted a richt of Try thereon for ditches or cnnnls eonstr.roted by tho authority of tho Zini;ed jtates. FOURTH, That in the absence of neoossery legislation by +:encress, .tine Lecisineu:e v,-eleeeauo may provide rules for corking the Wining plain or premises hereby granted, invelelne eese- ments, drainage and other necessary means to tee complete dovelopmenzt thereof, 11 TE 1'U!0liY WHEREOF, I, HERBERT HOOVER, President of the united states of •merico, have oaueed these letters to be nada Patent, and the seal of the 4enersl Lend Office to be hereunto rfiixed. Cil:li uder my hand. at the City of 6ashington, tho treaty -fourth day oe ray, in tae yeas of our Lord one thousand nine hundred and thirty en" of the Independence of the United ate:os the one hundred and fifty-fourth. 3y the ?resident: Herbert Hoover 8y Viola 3. Peen, Secretary E. P. LeRoy Recorder of thee eneral eared ..,.'ice ,7eeoeded: Patent Itnbcr 103'1666 ?LLD :0:1 Reeeaa •T1 1e, 1933 et 2.55 O'a.ol.. 2. T.:. ,;...-...:.i J. YROS2, :1:50::9 2, ro. 107::92 ?Hie DEeD, I:ade this llt1 ley of Junes in the year of our Lord one thouseed nine hundred Led thirty, between she uenver Oil shale eempany, a Colorado corporation, party or the first part and she -edam ehnlc Oil Ocapn.y, , a Colorado corporation, warty of the second part; 'Ir l SZET1 That the mrd party of the first part, for End in censiderntion of the seen of 'enoDollars (e10.00) and other valuable consideration, to the said party of the first part in hand paid be the said party of the second pert, the receipt :thereof is hereby confessed and acknowledged, has granted, bargained, sold, r11 conveyed, and by these presents does grant bargain, sell, convey and confine unto the said party of the second part, its suocessars and assigns forever, ell the following described Wining claims or premises situate, lying end being in thv rm,nt; ni 0nrila06 mrd State of Colorado, to -wit; +he Denver No. 98 Placer I. ininr laic, coaarisine the rorth:'est ":carter (Tele) of 9eetion rt nt:I-five (15) in io`.nshlp ''ix south of eanee ninety-ssren lest of the Sixth 1rineipel ._cridisn; rhe Delver NO. 117 Placer !='nine 'claim, comprising the 1•orthoast •-.serter Me) of. Section twenty-three (23) said rounsnip me! esrf;e; .he Denver ro. iiu Placer I:ening Clain, eauyrl1,4; the Northwest .ante. Trenty••three (23) said iereship and •lanae; The Denver ro. 122 Pincer Linin 01aia, comeris Lr_ the liorth7est 3.unrter (In—) of Section Trenty-four (24), said '+o-nshiD cd Ranee; and .he Denver '-+o. 1::4 Pincer Uining "leis, comprising the southwest euarter (S:;) of Section Teenty-coir (24) e^.id -crrship and !nee; Said pr`isec conteinine elrht hundred (900) pores. i'o 11:=3 kith ell and singulrr_the herediteeer-ts end noourtenencos thereunto beiongi_e, or in any wise appertwining and ten rev±relenr.nd reversions, remainder and :emninders, rants 1.53U2S ane profits therm -of; one. ell the estate, ri-ht, title, interest, oltint oral demand whatsoever, of `he said pert) of the iiret cert, cheer in law on e_uity, of, in en1 to :ho above:br_r,;rinedypremises. rite the hereiite ants, and c_pus•tenanees. i0 Heel.:. 14::T 70 :TOLD the said premises acova baegnired and deecrlbed, *with the sppuitenonoes unto the =mail SeeLE 011 COi3'J.;Y, the said party of the second, pert, its eueeessere and nsui_ns forever; subjoot, nevertheless, to zee following 0ondieions and stipulations; Fic5i. allot the gr:nt hereby ode is r:etrioted in its exterior limits to tee bo`ndaries of the sold mining premises, end to any veins or lodes of quartz or other'_oe- In oleos boarler; cold, silver, oinr.nbnr. 1ca3, tin, copper, or other vo1ueble decosits, .high may have been discovered with said limits subsequent to enc which were not inown to exist on aovs bar, 17th, 1924. S210'.0, _hat should any vein or 1oee of cu^_rtz or other reek in piece bearing; roll, silver, cinnabar, lend, tin, Dopper, or ether valuable deposits, be eleimoe or .noun to exist eithin the above-described prenleas ett Enid lest -n -_ed date, the snno is expressly excepted and emelu30d fres t::oeo presents. (111) o.-octicn "4 Till:D. net the premises hereby ase cd teaLt be held subject to pry ventral rad rnnrin 1111111110111111111111111111111111 111111 101111111111111 556562 12/10/1999 04;25P B1164 P4 M ALSDORF 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO Producers 88-C revised OIL AND GAS LEASE THIS AGREEMENT, Entered into this the 15th day of November 1999 by and between Puckett Land Co.. a Colorado Corporation, 5460 S. Quebec St, Suite 250, Englewood, CO 80111, hereinafter called Lessor and Petroleum Development Corporation, 103 East Main Street, PO Box 26, Bridgeport, WV 26330. hereinafter called Lessee, does witness: . That lessor, for and in consideration of the sum of ten and more Dollars in hand paid and of the covenants and agreements hereinafter contained to be performed by the lessee, has this day granted, leased, and let and by these presents does hereby grant, lease, and id exclusively unto the lessee the hereinafter described land, and with the right to unitize this lease or any part thereof with other oil and gas leasee as to all or any part of the lands covered thereby as hereinafter provided, for the purpose of carrying on geological, geophysical and other exploratory work, including core drilling, and the drilling. and operating for. producing, and saving all of the oil, gas, casinghead gas, casinghead gasoline and all other gases and their respective constituent vapors, and for constructing roads, laying pipe lines, building tanks, and storing oil, said tract of land with any reversionary rights therein being situated in Garfield County, Colorado and described as follows: Tosmshto 6 South. Range 9d West. 6th P.M Section 19: SW/4; Section 30: SW/4, Wf1SEl4, Lots 3 and 4; Section 31: NW/4, N2SW/4, Lots 6 and 7; Township 6 South -Range 97 West 6°i P M Section 23: NE/4, St2; Section 24: All; Section 25: All; Section 26: All; Section 35: All (Lots 1-4); Section 36: All (Lots 14); Towfehlo 7 Soutk Ranee 96 WesL6! P.M Section 6: S/2, S/2NFl4, Lots 4 and 5; Section 7: N2, SE/4; Section 13: Lots 4,10,11, 12 and 13; Section 14: E2SE/4; Section 17; NW/4; Section 18: 1112; Section 23: Lot 1; Section 24: Lots 2, 3 and 4; TownshlpL. Raoae 97 West. 6! P_M. Section 1: All; Section 2: All; Section 11: NW/4, N/252; Section 12: Nt2, N/2S2. containing 7393.69 acres, more or leas, hereinafter called leased premises. 2. It is agreed that this lease shall remain in full force fora term of five (5) years from this date. and as long thereafter as oil or gas, or either of them, is produced from said land or the premises are being developed or operated. This lease incorporates by reference that certain Letter Agreement dated November l5, 1999 between the parties to this lease. The Letter Agreement requires that Lessee drill a certain number of wells each year in order to maintain this lease. Lessee shall release all undrilled acreage in this Lease if Lessee fails to timely drill all wells required by the Letter Agreement. 1n the event of a conflict between the terns of this lease and the keter agreement. the terms of thc Tetter agreement will prevail. 3. 1n consideration of the premises the said lessee covenants and agrees: To deliver to the credit of lessor, free of all costs, expenses and taxes. including ad valorem taxes, in the pipe line or tank truck to which lessee may connect his wells, the equal of seventeen percent (17%) of all oil produced and saved from the leased premises. The royalty rate will be reduced to fourteen and one-half percent (14.5%) for oil produced from wells located on cop of the mesa For gas (including casinghead gas) and all other substances covered hereby, the royalty shall be seventeen percent (17%) of the proceeds realized by lessee from sale thercoL free of a)! costs, expenses and taxes, including ad valorem taxes. The royalty rate will be reduced to fourteen and one-half percent (14.5%) for gas and other leased substances produced from wells located ea top of the mesa 4. Where gas from a well or wells, capahte of producing gas only, is not sold or used for a period of one year, lessee shall pay or tender as royalty, an amount equal to the delay rental as provided in paragraph five hereof, payable annually an the anniversary date of this lease following the end of each such year during which such gas is not sold or used, and while said royalty is so paid or tendered this lease shall be held as a producing property under paragraph two hereof. Notwithstanding anything to the contrary hereunder contained herein, this lease may not be maintained in force or effect solely by the payment of shut-in royalty for a period more than two (2) years. 5. If operations for the drilling of a weal for oil or gas are not commenced on said land on or before the 1510 day of November, 2000 this lease shall terminate as to both parties, unless the lessee shall on or before said date pay or tender to the lessor the sum of THE PUCKETT COMPANIES 5460 SOUTH QUEBEC ST.. SUITE 250 GREENWOOD VILLAGE, COLORADO 80111-1911 1 111111 11111 111111 III 111E11 11111 I111I11111111111111111 656362 12/10/1999 04:25P 01164 P401 M ALSDORF 2 of 3 R 15.00 D 0.00 GRRFIELD COUNTY CO 2 57393.69 which shall operate as a rental and cover the privilege of deferring the commencement of operations for drilling for a period of one year. In like manner and upon like payments or tenders the commencement of operations for drilling may further be deferred for like periods successively. All payments or tenders may be made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date direct to lessor, and it is understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid and any and all other rights conferred. Lessee enay at any time execute and deliver to Lessor, and place of record, a release or releases covering any portion or portions of the above described premises and thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereon !s reduced by said release or releases. 6. If said lassor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided shall be paid the lessor only in the proportion which his interest hears to the whole and undivided fee. However, such rental shall be increased at the next succeeding rental anniversary after any reversion occurs to cover the interest so acquired. 7. When requested by lessor, the lessee shall bury its plpe lines below plow depth and shall pay for damage caused by its operations to growing crops on said land. No well shall be drilled nearer than 1000 feet to any house or baro now on said premises without written consent of the lessor. Lessee shall have the right al any time during, or after the expiration of, this lease to remove all machinery, fixtures, houses, buildings and other structures placed on said premises, including the right to draw and remove all casing, Lessee agrees, upon the completion of any test es a dry hole or upon the abandonment of any producing well, to restore the premises to their original contour as near as practicable and to remove all installations within nine (9) month. 8. If the estate of either party hereto is assigned (and the privilege of assigning in whole or in part is expressly allowed), the covenants hereof shall extend to the heirs, devisees, executors, administrators, successors, and assigns, but no change of ownership in the land or in the rentals or royalties or any sum due under this lease shall be binding on the lessee until it has been furnished with either the original recorded Instrument of conveyance or a duly certified copy thereof or a certified ropy of the will of any deceased owner end of the probate thereof; or certified copy of the proceedings showing appointment of an administrator for the estate of any deceased owner, whichever is appropriate, together with alt original recorded instruments of conveyance or duly certified copies thereof necessary in showing a complete chain of title beck to lessor fo the full interest claimed, and all advance payments of rentals made hereunder before receipt of said documents shall be binding on any direct or Indirect assignee, grantee, devisee, administrator, =caviar, or heir of lessor. 9. If Lessee shall commuce operations for drilling at any time while this lease is in force, this lease shall remain in force and its terms shall continue so long as such operations are prosecuted and, if production results therefrom, then as keg es production continues. if within the primary teen of this lease, production on the leased premises shall cease from any cause, this lease shall trot terminate provided operations for the drilling of a well shall be commenced before or on the next ensuing rental paying date; or, provided lessee begins or resumes the payment of rentals in the manner and amount hereinbefore provided. I1; eller the expiration of the primary term of this lease, production on the leased premises shall cease from any cause, this lease shall not terminate provided lessee resumes operations for re -working or drilling a well within sixty (60) days from such cessation and this lease shall remain in force during the prosecution of such operations and, if production results therefrom, the as long es production continues. 10. Lessee is hereby given the right at its option, at any time from time to time, to pool or unitize any part or parts of the above described ]and, lease, or leases in the immediate vicinity thereof such pooling to be into units not exceeding the minimum size tract on which a well may be drilled under laws, rules, or regulations in force at the time of pooling or unitization, or eighty (80) acres, whichever is less: provided, however, that amiss may exceed such minimum by not more than ten acres if such excess is necessary in order to conform to ownership Subdivisions or lease lines, Lessee shall exercise said option, as to each desired unit, by executing and recording an instrument identifying the unitized area. Any well drilled or operations on any part of each such unit shall be considered a well drilled or operations conducted under this lease, and there shall be allocated to the portion of the above described land included in any such unit, such portion of the actual production from all wells on such unit as kssor's interest, if any, In such portion, computed on an acreage basis, bears to the entire acreage of such unit. And it is understood and agreed that the production so allocated shall be considered for all purposes, including the payment or delivery of royalty, to be the entire production from the portion of the above described land included in such unit in the same manner as though produced from the above described land under the temrs of this lease H. Notwithstanding anything contained herein to the contrary, the royalty payable under this lease shall be calculated on all oil, gas (including all its constituents) and other by-products produced and saved from the leased premises. 12. Notwithstanding anything to the contrary herein contained, in the event a portion or portions of the land herein leased is pooled or unitized with other lands so as to form a pooled unit or units, operations, completion of a well upon, or production from such unit or units will not maintain this lease in force as to the lands not included in such unit or units. The lease may be maintained in force as to any land covered hereby and not included in such unit or units in any manner provided for herein; provided that if it be by rental payments, the rentals shall be reduced in proportion to the number of acres covered hereby and included in such unit or units. Notwithstanding anything contained to the contrary herein, Lessee agrees to release all lands that are not within a producing unit at the end of the three-year primary term, and pooled units shall not exceed eighty (80) acnes. 13. Notwithstanding anything to the contrary herein, this oil and gas lease applies only to depths from the bottom of the Oil Shale Mining Zone (defined below) tante bottom of the Castlegate Sandstone or its stratigraphic equivalent. 14. Lessee or its assigns will provide Lessor with a copy of all daily drilling reports and all reports and logs filed with the appropriate local, state or federal commission within 30 days after filing. The intension of this provision is that Lessor be as fully informed as Lessee about the geology and engineering of each well drilled on, or spaced to include leased premises. 15. In this lease, "proceeds realized by Lessee" include any proceeds from any payment made under a take or pay provision of a gas contract or in settlement of liability for a breach thereof. 16. Lessee, its hairs, successors and assigns shall indemnify and hold Lessor harmless from liability for any violation(s), whether through negligence or otherwise, of federal, state and/or common law in producing, generating, transporting, or disposing of 1111111 11111 IIIIII 111 111111111111111111111 11111 1111 IIII 556562 12/10/1995 04:25P 81184 P402 M ALSDORF 3 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO hazardous wastes, on or from the leased premises, and for any liability whatsoever caused or allowed by Lessee's actions or inaction's. 17. All oil atdkr gas proceeds accruing to Lessor under this lease or by state law shall be without deduction, directly or indirectly, for the Dost of producing or storing the oil, and/or gas produced hereunder. 18. Notwithstanding anything contained herein to the contrary, this lease docs not include the Oil Shale Mining Zone, which shall be defined as the slratigrtphic equivalent of that zone present between the surface and 14S2 feet, or the lop of the Orange Marker as found on the logs from and in P l South Sulfur well located In SEf4NW/4NEI4, Section 26, Township 3 South, Range 99 West, Rio Blanco County, Colorado. if, however, the logs from a well actually drilled on Lands subject to this lease by Lessee do not clearly and unambiguously show an equivalent Oil Shale Mining Zone, Lessee shall consult with lessor and the parties shall mutually agree on the top and bottom of the Oil Shale MiningZone. IN WITNESS WHEREOF, we sign the • .. d year first above wvi Jeffrey ett, President, Puckett Land Co. R. Puckett, Sc'c State of Colorado County of Arapahoe e- PuckettLand~ Before me, the undersigned, a notary public. in and for said county and state, on this day personally appeared Jeffrey V. Puckett and R. E. Puckett, President and Secretary respectively of Puckett Land Co. known to me to be the persons who executed the foregoing 0,,Ias4ntptent, and acknowledged to me that they executed the same as the free act and deed of Puckett Land Co.. :Ote44hqy hand and seal of office this day of( -PA. 4 el— 1999. No fsryy Publib in u*ff for . Arapahoe County, Colorado •.My.Coritrdislionexpires: P` /v0 2. (' A , State of Colorado County of Before me, the undersigned, a notary public in and for said county and state, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this My Commission expires: day of 1999. Notary Public in and for County, Colorado 1111111 Alli 1111111111111111IIIII111111111IIII111111I11 578061 03/26/2001 0221P B1239 P676 M ALSDORF 1 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO ACCESS LICENSE AGREEMENT This Access License Agreement ("Agreement) is made as of3/ {l by and between Union Oil Company of California, a California corporation "Licensor°) and Puckett Land Company, a Colorado Corporation ("Licensee"). • RECITALS A. Licensor is the owner of certain real property in an unincorporated portion of the County of Garfield, State of Colorado, further described as follows: Portions of Section 4, T 75, R 96W of the 61h P.M. and Portions of Sections 29, 32 and 33, T 65, R 96W of the 61h P.M., Garfield County, Colorado and depicted on the map attached hereto as Exhibit "A" and hereby incorporated herein (collectively, the "Property"). B. Licensee purchased from Licensor certain grazing preferences granted by the United States Bureau of Land Management known as "Starkey Gulch #08917" and "Riley Gulch #08920.° C. Licensee owns certain lands as depicted on Exhibit A ("Puckett Lands"). D. Licensee desires a license from Licensor to perform the following activities: All activities reasonably necessary by Licensee in order to access Starkey Gulch #08917 and Riley Gulch #08920 for the purposes of transporting and caring for livestock, and maintaining and inspecting the allotments, and continued unrestricted access for any purpose on the roadways depicted on Exhibit A to Puckett Lands as shown on Exhibit A (the "Activities"), except, however, any purpose shalt not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. E. Licensor agrees to permit Licensee to enter a portion of the Property to perform the Activities upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the promises and mutual covenants, agreements and conditions hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The License. Licensor hereby agrees to permit Licensee and its agents, employees and contractors (collectively, the "Licensed Group") to enter onto those portions of the Property designated on Exhibit "A" as the licensed areas (collectively, the "Licensed Property") and to perform the Activities upon the terms and conditions contained within this License. 2. The Term. The term of this License shall be the date first written above, and shall continue until Licensee or its successors or permitted assigns are no longer conducting Activities at the Licensed Property, at which time this License shall terminate. For purposes of this Agreement, Licensee will be deemed no longer to be conducting Activities if Licensee or its successors or -t- 7 e oKell nres 5540 5. Que eo sT?250 Creeriwocrt V ;//a9 e, do 8D/// 1,~ 1 111111 11111 111111 111111 IIII 11111 111111 111 11111 IIII 1111 578061 03/26/2001 02:21P B1239 P676 M RLSOORF 2 of 7 R 35.00 0 0.00 GARFIELI) COUNTY CO permitted assigns cease performing such activities at the Licensed Property for a period of more than twelve (12) consecutive months. Upon termination, Licensee shall remove all of its personal property from the Property. 3. Conditions of License. Licensee agrees that the following terms shall be the conditions of the granting of this License: 3.1. Licensee shall use the Licensed Property only for activities reasonably necessary by Licensee in order to access Starkey Gulch #08917 and Riley Gulch #08920 for the purposes of transporting and caring for livestock, and maintaining and inspecting the allotment, and for the unrestricted access to Puckett Lands on prescribed roadways for any purpose, except however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld, There shall be no hunting or other recreational activities upon any portion of the Licensed Property. 3.2 Licensee and the Licensed Group shall not unreasonably disrupt Licensor's business operations upon the Property, if any. 3.3. Licensee shalt only use the portions of the Property designated as the Licensed Property to access Starkey Gulch #08917 and Riley Gulch #08920, respectively, and for access to Puckett Lands on prescribed roadways for any purpose, except, however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. Licensee shall be responsible for damage caused to roads and the Property, including but not limited to the Licensed Property, as a result of the Activities on the Licensed Property. 3.4 Licensee shall not permit any vehicles upon the Property other than the Licensed Property, and then only if such vehicles comply with the insurance requirements referenced in paragraph 7. and are covered as additionally insured on Licensee's Automobile Liability policy. 4. The Work, Licensee and the Licensed Group shall conduct all Activities upon the Licensed Property in a good and workmanlike manner, and shall comply with all laws, statutes, rules, orders and ordinances relating thereto, including the obtaining of all necessary permits. 5. Expenses, Licensee shall promptly pay for all labor, equipment, material and supervision utilized in the conduct of its activities on the Licensed Property, and shall keep the Property free and dear of all liens imposed by reason of the activities of licensee and the Licensed Group on the Licensed Property, and shall provide Licensor with copies of any lien releases. 6. Indemnification. Licensee agrees to release, protect, indemnify and hold Licensor, its parent, its subsidiary and/or affiliate companies, and the respective employees, -2— 11111111111111111111111111 1111 11111111! 1111111111111 578081 03/26/2001 02:21P B1239 P677 M ALSDORF 3 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO 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 Licensor or others, illness or death (herein after "Claims") arising out of Licensee's performance hereunder, whether Licensor Is negligent, actively, passively, or not at all, or Licensor is alleged or proved 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 Licensor, its employers, agents or third -party contractors, in which event Licensor or the third -party contractor shall be liable, as applicable. The insurance requirements herein shall not be construed to limit this indemnity. Licensee shall be solely responsible for the defense of any and ail Claims hereunder Including but not limited to Claims by any employee of Licensee or any employee of Licensee's subcontractor alleging the willful misconduct or sole active negligence of Licensor. It shall be effective to the maximum extent permitted by applicable law. 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. 7. Licensee agrees to obtain and maintain insurance acceptable to Licensor which is primary to any other insurance or self-insurance and which names Licensor as additional Insured with respect to liability arising out of Licensee'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: (a) Commercial General Liability Insurance Form or the equivalent with the Amendment Aggregate Limits of Insurance Endorsement CG25031185 covering Licensee's Contingent Liability, Premises Operations, Completed Operations and Products Liability, Contractual Liability, 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. (b) 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 $1,000,000 each occurrence for Bodily Injury and Property Damage. (c) 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. Licensor reserves the right to reasonably change its minimum insurance requirements. Before commencement of this License, Licensee shall furnish Licensor with Policies or Certificates of Insurance acceptable to Licensor, with additional insured endorsements, confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Licensor. Subrogation against Licensor shall be waived as respects all of the insurance policies set forth above (including but not - 3 — 3111111111111111111111111111111111 1111 NIB 783a102121P 81230 P078 A RF 0.00 GARFIELD COUNTY CO 4of 7 R35.000 limited to policies of any subcontractor). An Altemate Employer Endorsement may be substituted for the Additional Insured Endorsement only with respect to Workers Compensation Insurance and Employer's Liability insurance. The insurance required hereunder in no way limits or restricts Licensee's obligations under the "Indemnification" provisions of Section 6. Further such insurance shall be in no way limited by any limitation expressed paragraph 6 above, nor any limitation placed on the indemnity given as a matter of law. No deductible or self-insurance is permitted without approval of Licensor. 8. Events of Default, Should Licensee fail to observe or perforrn any of its covenants, agreements, or obligations under this License, Licensor shall provide Licensee with written notice of default and thirty (30) days In which to cure the events of default provided that in any drcumstance where the Event of Default cannot be cured within the 30 -day period and Licensee commences to cure such default within thirty (30) days and thereafter diligently pursues the cure of such default to completion, Licensee shall not be in default hereunder if Licensee completes the cure within ninety (90) days. In the event Licensee fails to cure any default In accordance with the provisions of this Paragraph, then in addition to any other remedies Licensor may have, Licensor may terminate this License upon twenty-four (24) hours' written notice to Licensee. 9. Notices. Any notice, demand or communication under or in connection with this Agreement shall be in writing and shall be given at the address specified below or at such other address any such party specifies in writing. Such notice shall be deemed given upon personal delivery or three (3) days after it is sent by prepaid certified mail. LICENSEE: Puckett Land Company 5460 S. Quebec Street, #250 Greenwood Village, CO 80111-1917 Attention: Jeffrey V. Puckett LICENSOR: Union Oil Company of Califomia Asset Management Group 376 South Valencia Avenue Brea, California 92823 Attention: Mary Parish with a copy to: Union Oil Company of California 10735 County Road 215 P.O. Box 907 Parachute, CO 81635 Attention: Property Manager 10. Integration. This Agreement, together with Exhibit "A", constitutes the entire Agreement between Licensor and Licensee pertaining to the subject matter of this Agreement and supersedes and replaces all prior and contemporaneous agreements, representations and understandings of the parties relating thereto. -4— 11E11 11111 111111 IIII111(1111111111II111111111 1111 1111 578061 03/26/2001 02.21P B1239 P679 M ALSDO*F 5 of 7 R 35.00 0 0.09 GARFIELD COUNTY CO 11. Waiver, No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver oonstihrte a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 12. Assignment. Unocal agrees that Puckett Land Company's successors and assigns if any, will also have unrestricted access through the Licensed Property to Puckett Land Company property for agricultural and hunting purposes provided there is no hunting allowed on Unocal property. Any other use by Puckett Land Company's successors and assigns requires Unocal's written consent, which consent will not be unreasonably withheld. It is also agreed that Puckett Land Company's successors and assigns shall have unrestricted access to United States Bureau Of Land Management grazing preferences known as "Starkey Gulch #08917" and "Riley Gulch #08920" for the purposes of transporting and caring for livestock, and maintaining and inspecting allotments. i3. Attorneys' Fees. If any legal action or proceeding is brought for the enforcement or for a declaration of rights and duties under this Agreement or because of an alleged dispute, breach, default or misrepresentation In connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover actual attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 14. No Partnership. This Agreement shall not be construed as creating a partnership between the parties nor to create any other form of legal association, which would impose liability upon one party for the act or failure to act of another party. WHEREFORE, this Agreement is entered into by and between the parties on the date first set forth above. LICENSEE Puckett Land Company .�iefhrey V!iduckett Its: P' e 5 :d 444- -Y, t- - 5 — -5— LICENSOR LICENSOR UninnQi� pany of Califs is Its: Asset Manager, Parachute Authorized to sign - per M. Parish authority memo dated 2/10/00 and J. Dean e-mail dated 2/14/00 11111111111111111111111111110111111111111111111111 578061 03/26/2001 02:21P B1239 P880 M RLSOORF 6 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO edgment page for that Access License Agreement dated the /3f day of 2000. STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) instrument was acknowledged before me this V571 day of Tiicha.e.L L. 2,•4.1..4,e.". for and on behalf of UNION OIL NIA, dba UNOCAL, a California corporation. The foresoing COMP 40 4/:`: My Conrniaelon 09h8a2003 My commission expires: C?„ti_e/e ) zed Notary Public y//‘;/4,3 STATE OF COLORADO ) ss COUNTY OF GARFIELD ) The foregoing instrument was a0nowledged before me this :Els day of , 2000, by Te -C4rP„A U, Fri cke_f fi for and on behalf of PUCICETT LAND it .,;.., Y. NkIisiwOMlpiopS: Notary Public W/e../3 1 111111 11111 11111111111111111111111 I I I1 I I I i 1111111 111 1111111111111 578061 03/26/2001 02:2115 81239 P681 M RLSOORF 7 of 7 R 35.00 0 0.00 GARFIELD COUNTY CO -54,0 L /?,U/f 4 STARKEY GULCH ACCESS FOOTAGE: 5965' RILEY GULCH FOOTAGE: ALLOTMENT BOUNDS ARE APPROXIMATE CONSTRUCTION WRAP'S, INC. mPI2 SUNRISE BLVD. SILT, CO 81652 (WO) B-16-5 T 3 111111111111111111111111111111111111111111III 11111111 686248 11/10/2005 12:53P B1744 P701 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT 4e • STATE OF COLORADO ) • ▪ COUNTY OF GARFIELD) .L THIS MEMORANDUM, made this ht day of October, 2005, by and between Puckett Land Company, whose address is 5460 • South Quebec Street, Suite #250, Greenwood Village, CO 80111, hereinafter collectively called "Grantor", and Orion Energy xr Partners LP., whose address is 1675 Broadway, Suite 2000, Denver, CO 80202, hereinafter called "Grantee". ▪ WITNESSETH: That effective as of the 16a day of September, 2005, Grantor and Grantee have entered into an Easement and Right -of -Way Agreement for the purposes of installing, maintaining, and operating a natural gas pipeline for the gathering, • and/or transportation of oil, gas and other hydrocarbons and road access covering the lands described below and more ▪ particularly depicted on the plat attached as Exhibit "A": County of Garfield, N/2 Section 23, Township 6 South, Range 97 West, 6s' P.M • County of Garfield, NW/4 Section 24, Township 6 South, Range 97 West, 6"' P.M. • The term of said Easement and Right -Of -Way -Agreement shall remain in effect until September 30, 2007, and for so long as • Grantee, or its successors and assigns, are using said Easement and Right -Of --Way Agreement for the purposes described above. Reference is hereby made to executed copies of said Easement and Right -Of -Way Agreement in possession of Grantor and Grantee respectively, for all of the provisions thereof, and by this reference same are incorporated Dein and made a pari hereof in all respects as though fully set forth herein. The purpose of the Memorandum is to give notice of the existence of said Easement and Right -Of --Way Agreement PUCK ETT LAND COMPANY ORION ENERGY PARTNERS LP. State of Cc. s& County of A Rwrwu—f I hereby certify, that on this day, before me a Nortary Public authorized in the state and county aforesaid to take acknowledgements, personally appeared Ji,cty t/ Ricrc r on behalf of Puckett Land Company to me known to be the person described in and who executed the foregoing instnrment and he acknowledged before me that, being informed of the contents of the same, he voluntarily signed and delivered the within and foregoing instrument cm the day and year therein mentioned. Given under my hand and official seal, this day ofm✓:"..are , 2005. My commissi State of County of expirvi1A101Qt,IRS ru 'NOTARY PUBLIC' • COLOPAt1O lAs Commission Expkw" or,W140os } } I hereby certify, that on this day before the a Nortary Public authorized in the state and county aforesaid to take acknowledgements, personally appeared kick (, y‘G, , 5 on behalf of Orion Energy Partners L.P. to me known to be the person described in and who executed the foregoing instrument and he acknowledged before the that, being informed of the contents of the same, he voluntarily signed and delivered the within and foregoing instrument on the day and year therein mentioned Given under my hand and official seal, this j day of Hl%E/1 , 2005. My commission erg; SAAAll J. MCCABE NOTSTI�OYYCOLORAADO PUBLIC My Caemtsston Expires 1731109 ``Q JifAA I %/ Notary Public JJ 1 11111 11111 1111111 1111 11111 1111 1111111 111 11111 111 1111 703077 07/26/2006 01:27P B1825 P487 11 RLSDORF 1 of 10 R 51.00 D 0.00 CANFIELD COUNTY CO MEMORANDUM OF EASEMENTAND RIGHT-OF-WAY STATE OF COLORADO ) )§ COUNTY OF GARFIELD ) KNOW ALL MEN BY THESE PRESENTS: THAT Puckett Land Company, as Grantor, has granted, subject to the terms and conditions of the Easement and Right -of -Way Agreement hereinafter described, unto Bargath Inc., as Grantee, easements and rights-of-way for pipelines, road, pumping stations, and a water storage pond, on or across the lands described below, and further depicted on Exhibits A through E-2 attached hereto and made a part hereof: Townshin 6 South Range 97 West Section 23: W/2, SE/4, NW/4NW/4 Section 25: SW/4SW/4 Section 26: E/2E/2, NW/4NE/4 Section 36: W/2W/2 Township 7 South, Range 97 West Section 1: Lots 5-8 (N/2S/2), SW/4NW/4 Section 2: E/2NE/4 Township 7 South, ljange 96 West Section 6: Lots 6, 7 (N/2NW/4), S/2NW/4 Section 7: S/2, NE/4 Section 8: SW/4 Township 6 South, Rang 96 West Section 31: SE/4NE/4, N/2SE/4, SW/4SE/4, S/2SW/4 Section 32: Lot 3 (SW/4NW/4) This memorandum is executed for the purpose of recordation in the Office of the County Clerk of Garfield County, Colorado, in order to give notice of the rights of Grantee, which are more fully set forth in that certain Easement and Right -of -Way Agreement (the "Agreement") dated effective September 1, 2005, between the parties set forth therein, reference to which is being here made for all purposes. It is not intended by this memorandum to construe, define, limit or modify the Agreement, but to merely disclose to the public that said Agreement does exist. Executed copies of said Agreement are in the possession of the Grantor and Grantee. Executed on the dates set forth below but effective as of September 1, 2005: GRANTOR: PUCKETT LAND COMPANY -7l/ cl/c7 Jeffrey . ' ticket, President Date GRANTEE: BARGATH, INC. By: ser-h"!-117rett. Attomey-in-Fact Aston 14.14g1LwnNnr WIIOnn, p,Mertlnn RMT 130 Arapnkor fie, TOW d 6160D "hover CO 60x91 6 -z6 -off Date 111111111111EMI 11111111111111111111ID 11111 RAE 703077 07/28/2006 01:27P 81825 P488 M RLSDORF 2 of 10 R 51.00 0 0.00 GRRFIELD COUNTY CO ACKNOWLEDGMENTS STATE OF COLORADO ) )§ COUNTY OF OAAv4w-e- ) The foregoing instrument waC acknowledged before me on this/or, day of -07.0--e 2006 by 4etw i r V vc lct ri Phis 4.+9 r -r &WI Caw000s V . Witness my hand and official seal {SEAL) My Commission Expires: 4.14/e 5 STATE OF COLORADO )§ COUNTY OF denim( Notar ' ublic RA • i S. ANDERSON NOTARY PUBLIC' • COLORADO 'NY Communion Expire ' 04104/2001 The foregoing instrument was acknowledged before me on this ?irtalay of Tin►( 2006 by .1"0.5.604, 11.41471; Arrszvir-i.,l.F..47f.144� J4 • WitnesSitn and official seal M ior?Expires: ?-/t-op /liotary Public 111111 MO 1111111 11111 1111 1111111111 1111 1111 1111 703077 07/28/2006 01:27P 81825 P489 h ALSDORF 3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee deem ; wounnt -1,+a nAvae GANN. WARM) .510U11iVE *192 ' r / 1 w. .- " %.0."I 1 11;14il/140N // L i It i — p.65. AT ME APIet1C LOCATON a AN £1a5TN0 BLOCK VALVE' ON AN E15TNG 1.1 ✓r NATURAL GAS P6PElNE T • f SAND CONFIstirlY 1,4 28 peztem el 511' 0f PROPOSED 12- 550.046. 20' 0E$ OF AND PARALLEL WIN AN E1115T1.0 4- NATURAL GAS PPELN6 z. V ASS& Of PROPOSED 12" PPEUNE. 10 NORT+ 06 AND PARALLEL enT0 AN LAVING 6' NATURAL GAS P1PELINE 1.I 0 par. AT A pONT INTERSECTING TLE . CCNNION BOUNOART BEPREEN lrelrANS.• PROO6650N ANT ANO PIICKETT LAND 00NPANy 01167' a PROPOSED le PIPELINE, 15 WAN OF AND PARALLEL e1TN IN E05TN0 t- NATLeIAL GAS PPELNE 10LElr Mk9_, 15977 05 PROPOSED rr RPELME. 16 NOR190±55 a AND we/MIA 61116 AN ENISTING 6' NATURAL 005 PIPELINE L 11 / Sit MUNI a veuotextr Gowteprtzugeri 01411MON LEGAL DESCRIPTION FOR A PROPOZ9 12" PIPELINE OF PUTT LAND rL. PROPERTY An emement for the purpose of constructing and moirlla',ntng on IY natural gas pipeline aduote in Sections 23,25,26,35 dr 36, township 6 South, Range 57 West, in Section t de 2, Township 7 South, Reng6 97 West, In Section 6. 'township 7 Soolh. Range 96 West and in Sections 31 de 32, Township 6 Saulh, Range 96 welt of the Sin Principal Meridian. County of Corfield. State of Colorado, the centerline being more aortic -Warty detained herein Commencing at the northwest comer of Seaton 23, Township 6 South, 9ange 91 West: thence 510'01'09'5 0 dlstonce of 61923 feet to a the approximate l0catlan of on existing binel: wire on an exist8ng 8" natured gas 91901ne and point of beginning for the proposed 12' natural gas pipeline eeMerdne described herein; thence in o general southerly direction, being 2D feet west 0f and parotid with an existing 4" natural acs pipeline *16518 feel; thence in a general easterly and southeasterly direction, being 10 test norm of and pwollei with on existing 9' natural gos pipellne *6883 feet; thence in 0 general northeasterly *action being 15 feet northwest of and parallel with said steeling 6' natural goo plpsfine *5977 feel; thence kn a general easterly direction, now being 15 feet so*lh of and pura0 1 with told existing 8- natural gat pipeline *1187 feet to a paint terminaling at the common boundary between PLASMA Land Cornpony and Williams plodaatron 8100, whence the west 7/4 corner of Section 32, Township 6 South, Range 96 west hews 574118'15'W e distance of 1399.41 feet Ca4TRUCt1ON 54114oR1"6. INC. 04P2 eiNitieu MVO. 0141. Co 13161,2 110.616-$163 PSA RETT/9UCKErI-P5GPJPEAya /Mr SCRIM 1' - 2000' -1 DAIS1 /08/06 Williams rReoLR11nI 1058 COUNTY ROAD 213 PARACHUTE, COLORADO, 81635 1111111 11111111111111111111111111111111 III IIIA 11111111 703077 07/28/2006 01:27P 01825 P490 M ALSDORF 4 of 10 R 51.00 D 0.00 GRRFIELD COUNTY CO EXHIBIT "A-1" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee Township 6 South, Range 97 West, 6th P.M. P.asL. 1j+112F PJ. 13+13.57 P!. 1D444.41 M47102'/l'M 9642' 10 -OP - Read P,L 9+4g.0 Sec. 23 Puckeli Land Company' XY 4/4 MY 1/4 Puckett Land Company SW 4/4 NY)/ DEVIP451140 OF AS-AULT mom AGf4T-cr-MY SDE o.m fr w> 411.1 LEGEND 9 - Cfl 1 CCIRNER5 FOGA P.I. • PONT 01 INITRSCCM:I1 P.O.SL. • PONT 041 StCTI0N LINE P.O. P.L. - PONT ON PROPERTY Ls1E A/14 • 1.11C447 -Or -WAY - .- • PNCPEI IY LIN[ a�I1gkN >,4 04 Nita 1 NW4I4I ALP 0410041 A .1a as, or See Bl401 N•7Y Delo 104 11\n1.4.1140d4W w1p1R14044VRL vim STAP1en-0 BY 1.P. MASH 8P, ASK DA7f.- 5 -to -AS SEALE. POO' Drc E 0541.123a ro. f.Pri State nd noveye'PFn hu: \(435) lar -25X 160 Ndt711 VEANAL AVE. KRIMAL. 11144 54075 SA of ' 1 111111 1E11 1111111 III lllll 11111111111111 11111 1111 1111 703077 07/28/2006 01:27P 81825 P491 M ALSDORF 5 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "B" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Enc., Grantee ,-''''I 1 Palm r. wawa y, h141\M:.4 / t W w�. o'".. MT M m tit M -d MS i, /' ane. .t C4 ® ....Lt eutxrR 1,4430 to 743 .4•,. , ti !leReA IOW ROO Mew Mir 01,, / rrWO gfLlet =seism �•Yoaast " euwv. ; akijoioire Crlrle0N PROPOSED WATERLINE ON PUCKETT PROPERTY CONSTRUCTION eURAIre6. NC. ®mit 81.681610 ar.va. 6rLT, CO 0I662 110•016.6163 nustE11 "PROP_eAARPVEpW SALE: r - 2000' DAIS: 06/081OS Williams 1058 COUNTY ROAD 215 PARACHUTE. COLORADO. 81635 1111111111111111111111111111111111111111111111111111111 703077 07/28/2006 01:27P 91825 P492 M ALSDORF 6 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "C" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee r�F ' EiCtS ICV NATU PIPE DLR CTI aM 4/1 (1 TE ' • LEGAL DESCRIPTION: • 4Z,1 .1. r • AN EXISTING 8" NATURAL GAS PIPELINE SITUATE IN THE SW 1/4, SE 1/4 & NE 1/4 OF SECTION 7 AND IN THE SW 1/4 OF SECTION 8, TOWNSHIP 7 SOUTH. RANGE 96 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, THE CENTERUNE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE ON THE WEST LINE OF THE SE 1/4 OF SAID SECTION 7 ( SAID WEST UNE ALSO BEING THE COMMON BOUNDARY BETWEEN THE BLM AND PUCKETT LAND CO. ), WHENCE A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE S 1/4 CORNER OF SAID SECTION 7 BEARS S01'38'08"W A DISTANCE OF 1670.91 FEET; THENCE ALONG THE CENTERLINE OF SAID EXISTING 8" PIPELINE THE FOLLOWING 5 COURSES; THENCE N29'16'05'E A DISTANCE OF 1265.67 FEET; THENCE 289.41'08"E A DISTANCE OF 553.99 FEET; THENCE S6914'59"E A DISTANCE OF 435.21 FEET; THENCE 37390'33"E A DISTANCE OF 2912.38 FEET; THENCE N58'28'301 A DISTANCE OF 546.56 FEET TO A POINT TERMINATING THE EXISTING WILLIAMS PRODUCTION RMT GV j'1--8 WELL SITE, WHENCE A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE SW CORNER OF SAID SECTION 8 BEARS S46'32'43"W A DISTANCE OF 3108.90 FEET. WILLIAMS PRODUCTION RMT CONSTRUCTION i3URVE`I'B, INC. GIM 014-1 0012 SUNRISE sLva. an PIPELINE ASBUILT SILT, GO SIS52 PBARRET1/GM14-7.DWG 2110-816-8163 I SCALE 1• .L 1000' 1 DATE: 05-24-05 • 11E111111 1111111 111111111 1111 IIIIIII 111111!111111111 703077 07/28/2006 0/:27P 81825 P493 M ALSDORF 7 of 10 R 51.00 0 0,00 GARFIELD COUNTY CO EXHIBIT "D" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee LEGAL DESCRIPTION: AN EXISTING ACCESS ROAD SITUATE IN THE NW 1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH PAL. COUNTY OF GARFIELD. STATE OF COLORADO. THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE NW CORNER OF SAID SECTION 18: THENCE SOt'47'03'W ALONG THE WEST UNE OF THE NW 1/4 OF SAID SECTION 18 ( SAID WEST UNE ALSO BEING THE COMMON BOUNDARY BETWEEN THE BLM AND PUCKETT LAND CO. ) A DISTANCE OF 1344.99 FEET TO THE TRUE POINT OF BEGINNING FOR THE EXISTING ROAD CENTERUNE DESCRIBED HEREIN; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE CENTERUNE OF SAID EXISTING ROAD AS SHOWN HEREON A DISTANCE OF *1724 FEET TO A POINT TERMINATING ON THE NORTH LINE OF SAID NW 1/4 AND COMMON BOUNDARY UNE BETWEEN SAID BLM AND PUCKETT LAND CO., WHENCE THE SAIL) 1920 GL BRASS CAP IN PLACE FOR THE NW CORNER OF SAID SECTION 18 BEARS N88'13.05'W A DISTANCE OF 978.99 FEET. W11.f.I�M6 PRODUCTION RMT CONSTRUCTION SURVEYS, INC. CIM *14-1 0012 2UNRISE sl.vD. ROD ASSUILt SILT, CO S165,2 PBARRETTJGM14-7.DWG °J10-1316-5163 1 SCALE: 1' - 1000' 1 DATE: D5-24-05 111111111111111111111li 11111 11111111111$111111111111 703077 07/28/2006 01:27P 51825 P494 11 ALSOORF 8 of 10 R 51.00 D 0.00 GRRFIELD COUNTY CO EXHIBIT "E" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee UNGRADED ELEVATION:: 8516.54 FINISHED ELEVATION: 8518.6' 1a�6 / e2A� / / t ,� rLO 6 / �9 $G��2 ie / / / / re o, $6, /� / // // / cY' #c i� / / // / / / � / / / i/� // r r/ // / / / // / / / 1 / // / / // 1 / / / /_...._ 1 r 1 '0'1 0' / / 1 / / / / / 1 1 / / / / / 1 1 / / 1 11 1 r 11 1/ 11 1 1 1 1 1 1 f / 1 1 1 1 r I 1 I /111 1 1 1 1 1 1 1 1 1 1 1 I 1 1.— 1 1 G I cA 7 -_rt- j r r I I 1 1 1 P1 --1- I 1 FRES1-1' 1147EST0!#AGE 14T + 1 r 9. 1 II a 04' X 200' X112' 1 aJ 1 l1 1 \\ 1 1 09,346 bbls } 1 m 1 1--+---1 j 1 1 I I 1 1 1 1 �. 1 \ 1 1 1 1 1` \\ 1 0 1 1 1.. S I// 1 \ \ 1 1 A--.1- 1 1 1 \ \ 1 \ 1--„\--�1 ` 1. •�\ \\ \ \ 1\ 11 1 1 _. 1 \ _ \ \ 1 1 Z -L \ \SOI \ 1 \ 10!' 1 `� \ \ \ \ \ \ \ \ \ 1 \ \1 A�,�y �� t� \\ \ 11 \ \ \ \ 1\ \ 1 1 11 1 96' 9 T \ \ \ 1 1 \ 6, S0� ms`s \(53 \\ \` \` `I jr) o Nal 1� N y p ,S S f 1- in Q 0(A 0 0 t 10. \� , sr SEEM WINO sIQO UTILITY UNE LOCATION lkigRIFFIN A ASSOCIATES, INC. EXHIBIT 2 WILLIAM Si PRODUCTIONEASMPANY FRESH WATER STORAGE PIT 50 0 c 50 ESTIMATED EARTHWORK 1414 ELK SE, SUITE 202 ROCK SPRINGS, WY82901 (3071382.5028 SCALE:: 1`50' JOB NO. 18188 ITEM Cllr FILL TOPSOIL £(CESS SITE 4417CY 3004 CY 0 CY 1413 CY DATE -9/12/05 PIT 14428 CY 14428 CY TOTALS 18845 CY 3004 CY 15841 CY HBO 1111111111111 MAI! 703077 07/28/2006 01127P 81825 P4S5 M RLSDORF 9 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "E-1" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee r c A + '.�-1�_ery-'f• 1� „n�a;� Thr• �� • k A4xiiiklfiA- L J Ji i �a• ligRIFFIN & ASSOCIATES, INC WILLIAMS PRODUCTION RMT COMPANY FRESH WATER STORAGE PIT 1414 ELK sr., SUITE 202 ROCK SPRINGS, WY92901 (807) 862.5028 JOB No. 18186 HORZ 1"=50' VERT, 1"s 10' DATE. 9112/05 UNGRADED ELEVATION: 8111,9,5` FINISHED ELEVATION: 8813,5' EXH/BIT 3 1111111 11111 1111111 1111 11111 1111 1111111 I11111111 111 1111 703077 07/28/2006 02:27P 61826 P496 11 RLSDORF 10 of 10 R 51.00 0 0.00 GARFIELD COUNTY CO EXHIBIT "E-2" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee }: 4'V1S4ie� LP 1 ani/ • J y GIME DOT Gffcff J! ,11) %. J 1,r -SPS JJ(t \J; (L(�wti 1.16RIFFIN & ASSOCIATES, INC. PROPOSED FRESH WATER STORAGE PIT FOR PITLIIAMS RMT 1414 ELK ST, SUflE202 ROCK SPRINGS, WY 02901 (SOX} 362-5028 SCALE: 1"= 2000• TOTAL PROPOSED AREA. 40,0007 SQ. FT. JOB No. 13185 DATE: 9112A95 EXISTING ROAD EXHIBIT 44 1 1111 Wel NIONWCI JYIhf d 11111 Receptlonp: 712201 12(01106 12:17PM B.1869 P;B[02 Mildred Plcdorf 1 of 2 Reo Fe*:S14.00 Dao Fee;0.00 GARFIELD COUNTY CO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD ) THIS MEMORANDUM, made this 24th day of July 2006, by and between PUCKETT LAND COMPANY, 5460 South Quebec Street, Suite #250, Greenwood Village, CO 80111 ("GRANTOR") and NORTHWEST PIPELINE CORPORATION, P.O. Box 58900, Salt Lake City , Utah 84158-0900 ("GRANTEE"). WITNESSETH: That effective as of the./W4_ day of Iuly 2006, Grantor and Grantee have entered into an Easement and Right -Of -Way Agreement for the purposes of constructing, maintaining and operating a natural gas pipeline for gathering and/or transportation of natural gas and other hydrocarbons across the lands described below and particularly depicted on the plat attached as Exhibit "A": Township 2 South. Range 97 West Section 36: NE/4 Township 6 South. Range 97 West Section 23, 25, 26 & 35 Township 7 South. Ranae 97 West Section !&2 Township 7 South, Range 96 West Section 6 Township 6 South, Range 96 West Section 31 & 32 The term of said Easement and Right -Of -Way Agreement shall remain in effect for so long as Grantee, or its successors and assigns, are using said Easement and Right -Of -Way Agreement for the purposes described above, Reference is hereby made to executed copies of said Easement and Right -Of -Way Agreement in possession of Grantor and Grantee respectively, for all of the provisions thereof, and by this reference same are incorporated herein and made a part hereof in all respects as though fully set forth herein. The purpose of the Memorandum is to give notice of the existence of said Easement and Right - Of -Way Agreement, and not intended to construe, define, limit, or modify the agreement. Executed on the dates set forth below but effective as of thee! day of July 2006. GRANTOR: PUCKETT LAND COMPANY By: Jeffrey V. Puckett, President GRANTEE: NORTHWEST PIPELINE CORPORATION e By: C. Scott Patterson 1111K Nil 11111 Receptions; 712201 12/81/06 f2:17PM 8:1869 P:8103 Mildred Rlsdorr 2 of 2 R. Fee -:f11.00 Dec. Fee:0.00 GARF1ELD COUNTY CO ACKNOWLEDGEMENTS STATE OF CC Lbicedo ) )ss COUNTY OF %A��wwo� ) J.) The foregoing instrument was acknowledged before me on this 3 day of by " 3 tY ✓. Yore -r -r hitir4lvr sl p know. 1.4.4-4 My Commission Expires: cued 2006 STATE OF UTAH )ss COUNTY OP SALT LAKE The foregoing instrument was acknowledged before me on this 21" day of July 2006 by C. Scott Patterson. NOTARY mom NADINE MAUK Chipsts Sky Sail LANs CCI1, Walt S41 os fAv Commission Mons* DSOembrr 1=. 200e I(TATE (J VTAI( Notary Public 1111NI F��NIA'�P�I1�NW�1UiT14phfJi+�WMIrk�,Ii�� 11111 Roc•ptLrlt: 728t93 05125/2097 01:07:20 PM 0: 1941 P: 0149 Jean Rlberloo 1 of 41 Roo Fee160.00 Doe Far:0-00 CFRFIELD COUNTY CO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT This MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT (the "Memorandum") is made and executed as of the J_day of, 2007 to evidence that: Jtkoss The Easement And Right -of -Way Agreement (the "Agreement") dated 4„ y, 2007 was entered into by and between Puckett Land Company (the "Surface Owners") and Bargath Inc, c/o Williams Production RMT Company (the "Operator"), which, among other provisions, provides as follows: The Surface Owner also agreed to the following terms and conditions in the Agreement: • Surface Owner agreed Operator may construct, lay, maintain, modify, operate, alter, replace, remove the New Pipeline depicted on Exhibit "A", attached hereto and made a part hereof. This Memorandum shall be construed as a covenant running with the Lands and shall be binding on any and all personal representatives, successors, and assigns of Surface Owner and Operator. This Memorandum is being executed by Surface Owner and Operator for the primary purpose of recording and thus advising all interested parties of the existence and validity of such Easement And Right -of -Way Agreement, the exact terms and conditions of which are more fully stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first above written. Owner Bargath Inc. By: By: e: Jeff . Puckett N e: Jos p P. Barrett Q n , r Title: President[[[ tle: Assistant Secretary Vt.:LT ACKNOWLEDGEMENTS STATE OF COLORADO ) COUNTY OFV+4. ) Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that Jeffrey V. Puckett, whose name is subscribed to the foregoing instrument as President of Puckett Land Company, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 1 day of May, 2007. My Commission Ex s ires: (SEAL) RAYMOND S. ANDERSON NOTARY MOW' • CO DRADO ,M' XOR' Page 1 of 2 t1 Po' Illi lrY PYIN111,p W,1 iI,1111. I li'i 'a 11111 Receptionl: 726193 0612512097 01:07:28 PM B: 1941 P: 0149 Jam-. Rlbarlao 2 of 11 Rea Faa:f66.00 Doc Faa:9.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF DENVER ) ) Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that Joseph P. Barrett, whose name is subscribed to the foregoing instrument as Assistant Secretary of Baraath Inc c/o Williams Production RMT Company, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this /2 day of 2007. My Commission Expires: __VI/42b/, (SEAL) Notary Public Page 2 of 2 11111 !I. PZIPIA`IP IL41 ,L, 4I ,rw[ IIT IA RN 111 Recepttan#: 726193 06/2512907 01:07:26 PM 9.: 1941 P: 0160 Jean Alber100 8 of 11 Roo Fes.$58.00 Doc Fas:0.00 GARFIELD COUNTY CO 1,A lloll ri 1 or 9 Attached to and made a part of that certain Memorandum of Grant of Easement dated -NW-) 2007, by and between Puckett Land Company and Bargath Inc. c/o Withal/is Production RMT Company SCALE 500' 0 SECTION 19, 7OWNSiHIP 6 SWIM RANEN.96 WW1 OE* 60 Pte., GARFIELD COUNT% COLORADO 13 181991 '/411119 \\ 1,0 01,44 i /777/77 j( 19 1f \ ( POT 1.50 151 14-620144,71 1A.a,9 4 8,474/44640 LOT1 UNE TABLE r 51REc?5i4 1a3TANcE L42_ S 87'$0`44' E 125.69' L43 8 81'36'59` E 256,38' L44 S 6$'18'57' E 15830' L45 N 69`14'09' 143,92' L46 H 8i'13'O0' E 380.48' L47 N 10.441W k 361.97' L48 N 62244' E 22407' L49 N 6021'39' C 166.54' L50 N 87't6'17' t 439.81' 1.51 N 8017145' E 291.28' LIE N 81'8$33' £ 74.76' L53 H 8088'13' 18327' 24,19 25130 1" m 1000. 1000' I LOT 2 LOT 3 LOT 4 + �p�ypJ/maca O POUND MME1 ONU4TPROPERTY =NJ/macaw ip'T R r i CYE1�R OR OTHER COWER S FOUND MONUMENT • CALCULATEDOR e 114 01115 DORMER PROJECTED CORNER 1:10 RIFFIN & ASSOCIATES, INC. 1414ELN$TREET, ROfEff191 80108, (1 A OOr vNONE140nal 0006 a.R,G. J0B4-14465 .30/165 041101 GRAtia(32 GOMa NAME DRAM BY: KIN DATE:Do aro7 APPROH0DBY: 1 DATE: CHECKED BY: DATE 3001.2" 1'- 100,1 RARGIZHINC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY DRAWN IIUMER 14468-ROW04 111111.1 TIM ',IW1.111,111111.1f,1VLI tIVIW‘lNii 11111 Reception41: 726193 08125!2087 01:07:26 PFI B: 1841 P: 0151 Jean AlWrioo 4 of 11 Roo Fmk:$ 6.0O Doc Fss:0.00 GARFIELD COUNTY CO ..I31BTT "A" 2 of 9 Attached to and made a part of that ce in Memorandum of Grant of Easement dated :aF 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTION29, TOWNSHIP if SOMA RANGE ,96MINT of the AM PIK, GARF1LD COUNTY, COLORADO Ban alp 174 LOT 2 LINE TAKE * DIRECTION DISTANCE 1.54 S 12.26'31' E 16054' L55 S 26.38'51' E 61.0A8' L55 $ 47'31'05' £ 3E5.49' L57 S 7191'41' E 147.16' 155 S I1•52'56' E 217.01' 1.59 S 31.18'33' E 151.99' MALI F" - 1000' 600' 0 1000' LOT 3 Lor 9 LOT 10 LOT 4 Ler 8 LOT 11 Aigm. 13018'56)1e067 21c 29 Nier --ts*t f/ LOi 8 �.1�4.I7 COMPANY W 1.1 S LATE �z / // TaNROW Wi ,Feet 26' Left 2E' MON IGlmura*, 14Y 100.82 iA1B LEGILND Pomo 3E lcomma� Oft OTHER CORNER FOUND MONUMENT • CALCULATED OR 114 OR 1110 CORNER PROJECTED CORNER Nater 1.) URAW1NG REFERENCED TO NAD27 DATUM.SPCS COC. ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPARENT LANDOWNER INFORMATION SHOWN HEREON BASED UPON GARFIELD COUNTY ASSESSOR OFFICE PARCEL MAP 02197 AND INTERNET RECORDS AS OF 4107708, I4tAP 0180 AND WEAN ET RECORDS AS OF 1/11ro7 8. MAP 02171 AND INTERNET RECORDS AS OF 12!07!08. UNNE A cK 8TES, YMel PF10NE(E017 802. D.R.O. 404--14486 DRAWN BY: /21I1 DATE: 04r19R7 CHECKED 8Y: DATE APPROVE68Y_ 1 DATE: SCALE 1' ■ 1000 LOT 7 LOr 12 L 3 I.161458274 12.1239309 ,93.4 Q1 LO II�� B=1M6 294?B Stony 32 33 srAmatz TW8vitvVtr MAN L.FORM STATES NE18OY00GW4770PIAR 1 RED LAMAS Rt'EYOR4911PLOYEDBYIMAMSPRODUCTTGMRMT COMPANY TOWNEAPRELPA9iMRYSURVEY OFTHE CE TINLINE OF A PFELAVE RIONACF4VAY Aft DOCCRAIEDAND SWAN ON COV11811477N0OPPPAM* THAT TJ1IE WAOMOE Mei FRB POPE/NOON FELRLIARY 17, 2107: AND 77i4T PMPRBSENTED ulvOR T7l &4WD. DUCTTONg fFCOMPANY CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCICE T LAND COMPANY 1RAMRa 14468-ROWO5 • 1II1I iNthiliN.14i NUM ATIO#.!111111111 R.l00+>7 g.JeanCO 1941 P: 0152 .EL Alberlop 5 of 11 940 94. 555,00 Doe F.a:0.08 GARFIELD COUNTYNTY czXHIBIT "A" 3 of 9 Attached to and made a part of that cc Memorandum of Grant of Easement datedy�L, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SCATS 500' 0 SECTION 23, IOWNJS wi6oi!iZRANGE97 WIWI'oft a 6titF.M, GARFIELD COVNIT, COLORADO 8&..' Dims 15 14 s Dr V 2630: ' 1 04p 114 P f.-, 'M 29' 14 POD NB 23 N.44O1732 B-1239458.85 5442321121 I LIE T 5 DIROXI 44 DISTANCE U 3 32'44'32' E 117.09' LE S 18'13'14' E 470.1E' 1.3 S 03111'24' E 222,40' L4 S 1314'0' E 479.6$' (.5 5 23'18'30' E 43729' 1.6 5 2#'20'54' E 1650 1.7 3 363310' C 193.22' L8 S 46'56"31• E 397639' 1,9 S 201.3'49' E 122.51' -Far I WO NY Blau N 68'16'115V V 2632.39' !� g 1000' 1000' I NOM 26 Bum MMS Cols U4 T R.O-W Wktl/_8_0 Fogy _YsjArk 25' RtAteConimihe. 17ir87, tV1084. 7H Rodiy 2g,154 Aon‘ MUM an r<OUK1rfIC111KA1fEN1 FOUND MONUMENT PROPERTY SECTION CORNER OR OTHER CORNER FOt174D MOI4I. ENT fp CALCULATED OR 114 OR 1116 CORNL-R PRO2ECTE 3 COMER NOM 1.) DRAINING REFERENCED TO NAD27 DATUM.SPCSDDC. ALL DISTANCED SHOWN ARE GRID DISTANCES. 2.) APPARENT LANDOWNER INFORUA11ON SHOWN HEREON BASED UPON GARFIELD COUNTY ASSESSOR OFFICE PARS. MAP 112137 AND INTERNET RECORDS AS OF 41D7/D8, MAP mama) 1N RNE7RECORDSASOF1111/076. MAP 112171 AND INTERNET RECORDS AS OF 12)07/06. 41:6 RIFFIN & ASSOCIATES, INC. 147.419.trmar, mar mem* OTOSSO1 rIHOI1er(SORs1040e1 D.R.6. J081•-14484 item= 0H17A7HANGED00MPM'NAME 1' V AVE 1500.33' 13 see SIN& 23 26 BMW( 4'j4PSURMORt BRIANL FORGES PATES NENIYOGOLOARDONA REGIS7E3tED LA141DSURVEYOR aPLOYFDBYVIRG47N1NG. TOMANE A PREUAIRARYSURVEY OFTI'1E'CENDR AEOFAPF .ME RIGH? RNYAS assavirEo mit Mom OV1'7O MAP. CDASffi'11M tOF7PAt4E4 »MT19 SURI EYOF8Ae71W171+N(' 14149 ,.._ AAOAU7NORJVY, tf 2G07: AAw 1t44r51.04 91IRPVIS LAM THIS MAR G4117 1111C. CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY mumps EY: 10151 DAME:04H0@7 AF95OVE0BY: DATE; CHECKED BY. DATE SCALE: 1..1000' OMEN MASER 14466-ROW04 1111 11.111111w1KI44CIt11Ni 11111 WNWRteepilon.; 726183 .; PN 6 1941 P: 0169 dean Rlhsrloo 6 e1 11 Rao Fss:986.09 Doe F66:0.00 G RFIELD COUNTY CO _ ._1IBIT "A" 4 of 9 Attached to and made a part of that c Memorandum of Grant of Easement dated' , 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company N Saint 600' 0 SECTION 24 TOWNH1P 6SOU!* RANGE 97WEST ofthe 6th P.M, GARFILLD COUNTY, COLORADO 14 13 N .,_1.514 SEW 23 NON* 1" = ,000' 1000' IMIIIMIKAKEAMMINIE rr�� :aa1i r,'4ii..Y_ IUB Y+'1 An --M I 1 witT-1L gra NUN OS 551G' E Eaaell IMMTMARE r771 KM Ei EENINIII Marra IAND AMY lI sM5€ -�— i II �lcsw ±S L LEGEND FOUND MONUMENT' 0 FOUND MONUMENT PROPERTY 8'GT10NGGMO? OR OTHER CORNER FOUND MONUMENT • CALCULATED OR 114 ORINS COMM PROJECTED CORNER raja RIFFIN hi ASSOCIATES, INC. UMW( APAwBs.IYY*2 01 PHONE (807)1102-002e D.R.G. J081-14166 RENEW 01117!0T CHANGED COMPANY NAME . 4RG UIlif ; CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKEIT LAND COMPANY DRANK EY: ERN DATE:64i1V97 APPROVED BY: axis CNECNED W 1 DATE, f OWL& 1'-1000' DIVAVin Meet 14466-ROWO4 Ell !MINI/NH !MINI/NH11111 R.c. L17 3: 726193 06!2612007 81:87:28 PM g: 1941 R. 9169 Jean R1berlco p�.V�r 7130 11 RIO Fee:966.90 cc Fee:999 GARFIELD COUNTY C ExamiT .,A" 5 of 9 Attached to and made a part of that c Memorandum of Grant of Easement dated mg j, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTION24 WWN$REP6R UU RANG; 97 NISI od#ha 6th P.M, GARFIELD mum, COLORADO anoe � 23 N 88•..99.1 V Ora 4145.W 1011WEI14: • r,1 216113 Meow WINN 13RGw NEW SOW 1 'fes ao'J4i mar— LINE TAKE 8 DWECT2/34 DISTANCE 11..21 S 57'3215' E 887,80' 122 N 99.4215' E 16697 L23 N 5717'27' E 160. 0' LLLE! N 24'52'18' E 102.42' L29 P1 331597Y E LE6 ,1479' N 56•20' E 191.91' 1..27 N 6'25'46` E 424.43' L29 N 71723' E 399.05' L29' N 76'30'9' 'E 35634' 1.30 N 72'07'43' f 699.19' 1,31 N 87'95'14' E 75326' L32 N 63'0828' E 6001' L5 N 21'38' E 37441' 1000' 1000' L8i6'EAD a.FOUNDFO� AO NLAW: YT • POUND MONUMENT PROPERTY SECTION CORM? OR OTHER CORNER S FOUND MONUMENT • CALCULATED OR A 114 OR 1l1G CORNER PROJECTED CORNER TIORIFFIN & ASSOCIATES, INC. 1 1411NDINEE7r ROCK IMMO& wreaker 1'AA7A6£i e D.R.G. X44-14093 AEV 8Rns 0071DTC11AN3ED CGYPNAME DRAWN BY: IOW DATE 00=2 APPROVED 8Y: OA' CHECKED 81' OATE SCALE 1'.1000' IW1NC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY mom Nuck 14466-ROW04 1 [[l!lf. P7114 �l�IRi111�WI d IAlril oPlit1 111+ N[ili 1111 812612 07 01 726183 6612612007 01:07:28 PM & 1941 P: 0156 Jean Albarlao 8 of 11 Rao faa:566.00 Doc Fee: 30ALF 500' 0 6.66 94RFIELo counrr coEXH161T "A" 6 of Attached to and made a pmt of that ce Memorandum of Grant of Easement dated 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTION? 1 TOWNSHIP 6SOU7W, Z NGE97 WRIST oft& 6th P.M, GARFIflD COUNTY, COLORADO Thug N 88.16'15° W 26 Z3 H EF 1 [ xesr116. LDC TABLE 4 DIRECTION DISTANCE LID S R673'09' E 1.70' Ln S 17.47'14' E 263.33' LIE 5 69'11Y41' E 105.33' Ll3 S 37.00'36' E 184.76' LU4 S 31.36'50' E 24542' L15 S 717619" E 199.36' U6 S !•43'01' £ 39757' L17 S 7;79'45' E 86.66' LIB 9 40.06'75" £ 66.75' L19 S 46'02'12' E 12836' LEO 9 57'56'16 E 2142' — 1000' 1000' LEGEND F'OUNDMOINAEir 1♦ FOUND MONUMENT PROPERTY SECTION GOWER OR OMER WRITER ND A10 lu rr • CALCULATED CR 114 OR 1116 CORNER PROJECTED CORNER 1 assjw mist' - 26110.7 35 &UR N 8876'13' Cop U4 y 2636.11' NSW riffRIFFIN & ASSOCIATES, INC. f14EtK9T1NET' A0 (81101,15, manor mow Rawest= D.R.O. ,108-14468 „ 61SW. oy17E�{f��11��Eo COMP NAME 10tH " :6Y1316r APPROVED 6Y: I DATE .4RGAIH CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETI' LAND COMPANY CHECKED8Y: I DAZE: I E 1' a loot/ wow mum 14466-ROW44 L 11111 FL 101.iMilittlitI1t' ,1141,110.11117.141.114 11111 Reception.. 728153 06128!2007 01:07:28 P11 9: 1941 P: 0166 Jean 'libation 9 of 11 RIM Fee:f86.0e Do's Fee:9,00 GORFIELD COUNTY CO nn.cILZ 1l "A" 7 Ot Y Attached to and made a part of that certain Memorandum of Grant of Easement dated, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SW1ZONS23, 24 25& SO TB, RANGE 97WEST AND SECTION 19, TOWNSHIP 6SR?UMM, BANGE97 WESTofthe 6th P.M., GARFIELD COUNTY, COLORADO FASIMEN DESCRIPTION A 60.00 FOOT WIDE PERMANENT EASEMENT FOR PIPEUNE PURPOSES ACROSS SECTIONS 23, 26, 26 & 24, TOWNSHIPS SOUTH. RANGE 97 WEST AND SECTION 19, TOWNSHIP 6 SOUTH, RANGE 96 WEST, o1 the 86i P.M., GARFIELD COUNTY, COLORADO, SAID EASEMENT 8EIN0 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: SECTION 23, T.6 5., R. 97 W. (6,092.67 FEES' TOTAL) COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 23, THENCE SOUTH 01'37'51" WEST, 683.81 FEET TO THE POINT OF BEGINNING AND A POINT ON THE WEST UNE OF SAID SECTION 23; THENCE SOUTH 32'44'32' EAST. 117.89 FEET; THENCE SOUTH 12'13'14' EAST, 478.12 FEET; THENCE SOUTH 03'0t'24" EAST, 222,40 FEET; THENCE SOUTH 13'04'00` EAST, 479,88 FEET; THENCE SOUTH 259738" EAST. 43729 FEET; THENCE SOUTH 27'2064' EAST, 165.17 FEET; THENCE SOUTH 38'33'20' EAST,193.22 FEET; THENCE SOUTH 46'68'61" EAST, 3876.39 FEET; THENCE SOUTH 28'13'09' EAST, 122.51 FEET TO A POINT ON THE SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 23. SEC 10 28, T. 6 S, R. 97 W. (2,020.98 FEET TOTAL) THENCE CONTINUING INTO SECTION 28; THENCE SOUTH 213'13'09. EAST, 1.70 FEET THENCE SOUTH 17'4T14" EAST, 283.83 FEET; THENCE SOUTH 69'10'41"EAST, 106.33 FEET; THENCE SOUTH 57'00'38" EAST, 184.76 FEET; THENCE SOUTH 51'3850' EAST,245.42 FEET; THENCE SOUTH 51.16'09" EAST. 199.36 FEET; THENCE SOUTH 80'43'01" EAST, 397.87 FEET; THENCE SOUTH 71.19'45° EAST, 88.66 FEET; THENCE SOUTH 48°06'15" EAST, 88.75 FEET; THENCE SOUTH 46°0212" EAST, 428.16 FEET; . THENCE SOUTH 57'5218' EAST, 21.42 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 28. SECTION 25. T, 6 S., R. 97 W. (4 822.80 FEET TOTAL) THENCE CONTINUING INTO SECTION 25; THENCE SOUTH 67'92'16' EAST, 887.80 FEET: THENCE NORTH 89'42'36" EAST, 150.00 FEET; THENCE NORTH 6797'27" EAST.180.00 FEET; THENCE NORTH 24.52'18" EAST,40242 FEET; THENCE NORTH 35'59'31" EAST, 136.79 FEET; THENCE NORTH 66'33'50' EAST, 191.91 FEET; THENCE NORTH 66'25'48" EAST, 424.43 FEET; THENCE NORTH 76.1023 EAST, 399.05 FEET; THENCE NORTH 78'30'19" EAST, 356.54 FEET; ',HENCE NORTH 72'0743' EAST, 999.18 FEET; THENCE NORTH 87.5519' EAST. 755.29 FEET; THENCE NORTH 83°08'28' EAST, 60.01 FEET; THENCE NORTH 3821'38' EAST, 170.41 FEET TO A POINT ON THE NORTH UNE OF SAID SECTION 25. DESCRIPTION CONTINUES ON SHEET 7 OF 7 LIVt'�I RIFFIN & ASSOCIATES, INC. + �1414W(e7REM ROCK ttoWISI41,1Y82001 D.R.C. J013/-14466 (MEW 0u1b07E0C ANY NAI ',DRAM EY: IOWpe E: W 13167 cHEC1 E06Y: E APPROVED BY. 4 DATE �GA7 U1NC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY BCAI.E 1".1O i 14466-ROW04 �IiIIIY�'�F 7.1111Ik11Arkia'E ilf+lrBg+illi `IVi,lN 11111 Reception9: 726193 9612512007 01,07:29 PN O. 1941 P: 9157 Joan Q lb.riCo 19 of 11 Ree Fee,S56.09 Doc Fn:9.00 GARFIELD COUNTY CO "Soft' Attached to and made a part of that certain Memorandum of Grant of Easement dated I "L, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECITONS13, 24 25& 24, 2OR1VSHW6 BOUM X 97 WESTAND SECTION 19, IO WNSHIP 6 SOMA RANGE 97 ii'H4l' atlas 6th P.M., GaFmELD [J0U11*ii COLORADO EASEMENTDETION CONTINUED FROM SHEET 6 OF 7 SECTION 24, T. 8 S., R. 97 W. (1,849.74 FEET TOTAL) THENCE CONTINUING INTO SECTION 24; THENCE NORTH 38'21'38" EAST, 157.45 FEET; THENCE NORTH 4729'18" EAST. 444.22 FEET; THENCE NORTH 6228'00" EAST. 491.60 FEET; THENCE NORTH 61`42'08" EAST, 202.45 FEET; THENCE NORTH 3348'59' EAST, 79.89 FEET; THENCE NORTH 05'55'80" EAST, 35670 FEET: THENCE NORTH 4697'43" EAST, 80.00 FEET: THENCE SOUTH 87'20'24' EAST, 38.32 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 24. SECTION 19. T. 6 S., R. 98 W. (2,771.71 FEET TOTAL) THENCE CONTINUING INTO SECTION 19; THENCE SOUTH 87'20'24' EAST, 125,69 FEET; THENCE SOUTH 81'38'59" EAST, 235.30 FEET; THENCE SOUTH 8212'07' EAST, 155.30 FEET; THENCE NORTH 8994'09" EAST, 143.32 FEET: THENCE NORTH 819800" EAST, 380.40 FEET; THENCE NORTH 70"44'15" EAST. 381.97 FEET; THENCE NORTH 57'22'44" EAST, 224.07 FEET; THENCE NORTH 60'21'39" EAST, 108.54 FEET; THENCE NORTH 571817" EAST, 429.81 FEET; THENCE NORTH 80'57'45" EAST, 291.28 FEET; THENCE NORTH 81'28'13" EAST, 74.78 FEET; THENCE NORTH 817213" EAST, 183.27 FEET 70 THE POINT OF TERMINUS AND A POINT ON OR NEAR THE EAST UNE OF THE SOUTHV EST QUARTER OF SAID SECTION 19. SAID EASEMENT IS 17,557.88 FEET IN LENGTH AND CONTAINS 20.154 ACRES, MORE OR LESS. RIFFIN & ASSOCIATES, INC. t414#1VMEET, 'ROCK OPRfR08. IW a!Rf MGMr50n D,R.G. ,l0W-14466 AEHISEO: D4l17 7 C$AI4GED c0 IPANY NAME DRA4Mi8Y: 16ti1 D�1TE:04L191B7 APPROVED BY: I DAT£: CHECISED 8Y: OATE: SCALE: 1'.1090 R4RG4TH1NC. CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY MSG KUM 14466-ROW04 1111111.117,i" liltPlitHifIlittifingiCIANiii 11111 Reeeptlonll: 726193 06120)2007 01:07:29 PO fl: 1961 P, 0199 dean Rlberlee 11 of 11 Roe Faa:956.00 Doc Fee:0.00 GARFIELD COUNTY CO 9 01 9 Attached to and made a part of that certain Memorandum of Grant of Easement dated 3+142 2007, by and between Puckett Land Company and Bargath Inc. clo Williams Production RMT Company fy SECTION29,TOWVSRIP6SOMA RANCC%+6WEST ofthe 6th PM, GARFILLO COUNTY, COLORADO MINIMDESCRIFTION A 50.00 FOOT NIDE PERMANENT EASEMENT FOR PIPELINE PURPOSES ACROSS LOTS & 7 OF SECTION 29, TOWNSHIP 8 SOUTH, RANGE 96 VEST, of the 8it1 P.M., OARFIELD COUNTY, COLORADO, SAID EASEMENT BEING 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST SECTION CORNER OF SAID SECTION 29, THENCE SOUTH 27'31'23" WEST, 2978.39 FEET TO THE POINT OF BEGINNING AND A POINT ON OR NEAR THE NORTH LINE OF SAID LOT 7; THENCE SOUTH 12'38'31" EAST, 150.64 FEET; THENCE SOUTH 26438'51' EAST, 880.48 FEET; THENCE SOUTH 47'51'D8" EAST, 325.49 FEET; THENCE SOUTH 71.11'41' EAST, 147.15 FEET; THENCE SOUTH 11'5218" EAST, 217.81 FEET; THENCE SOUTH 31'18'35' EAST, 151.99 FEET TO THE POINT OF TERMINUS AND A POINT ON OR NEAR THE SOUTH LINE OF SAID LOT B. SAID EASEMENT IS 1,883,47 FEET IN LENGTH AND CONTAINS 1.909 ACRES, MORE OR LESS. riffRIFFIN & ASSOCIATES, INC. mamma= ROOK14•F9EYDq want D.R.G JOIN -14468 MEMO&PRODUCTION Riff COMPANY CRAWFORD TRAIL, GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKE TT LAND COMPANY IDM 4lee: NN DATE:04/1307 APPROVED 9Y: { DA CHEOKEO er: DATE: 80.4.a= r.1007 WAND 14466-ROWO6 hit! tor Nue ,11111%1,1r 'MI1rV, 'G 141111 11111 Reeeptivr# 727739 07111/2007 03:54:39 PM B: 1948 P: 0924 Joan 14144rfoe 1 of 7 Ree F60336.00 O c Faa:0.00 GARFIELD COUNTY CO COMPRESSOR STATION/PLANT SITE LEASE AND AGREEMENT (CRAWFORD TRAIL COMPRESSOR FACILITY SITE) State: Colorado County: Garfield Lessor: Puckett Land Company Lessor's Address: Attention: Mr. Ray Anderson 5460 South Quebec Street, Suite # 250 Greenwood Village, Co. 80111 Lessee: Bargath Inc. Lessee's Address: c/o Williams Production RMT Company 1515 Arapahoe Street, Tower 3, Suite 1000 Denver, CO 80202 Effective Date: June 18, 2007 In consideration of the sum provided below, to be paid by Lessee to Lessor, each named above, Lessor grants, leases and lets to Lessee the tract of land (the "Lands') for the Crawford Trail Compressor Facility Site located in the county and state named above, and described as follows: (See Exhibit "A" attached hereto and made a part hereof.) This Compressor Station/Plant Site Lease and Agreement (the "Lease") shall be for a primary term of ten (10) years (the "Primary Term") from the Effective Date stated above. With the execution of this Lease, Lessee has paid to Lessor the sum described in that certain Letter Agreement dated June 18, 2007 between Lessor and Lessee, as consideration for the full Primary Term of this Lease, At any time, but no later than one year prior to the end of the Primary Term, Lessee, at its option, may extend this lease for an additional term of ten (1 0) years by paying the amount to Lessor as described in the Letter Agreement dated June 18, 2007 between Lessor and Lessee, Lessee agrees to furnish Lessor a recordable Release of the rights granted under the terms of this Lease at the termination of this Lease, As part of the consideration for this Lease, Lessee agrees to indemnify and hold Lessor harmless from any and all claims, damages, suits or obligations, claimed or asserted against or damages incurred by Lessor by reason of Lessee's operation or business on the Lands and against any and all parties asserting such claims, and to defend Lessor in any and all suits brought against Lessor by reason of Lessee's operations on the Lands, all at Lessee's expense. Lessee covenants and agrees to pay any taxes which may be levied upon or assessed against structures, fixtures or other equipment which may be built or installed on the Lands by Lessee. This is a surface lease only and shall not be construed to limit Lessor's right as the owner of minerals in and under the Lands. Without restricting or limiting the general and exclusive rights, privileges, powers, purposes and uses granted to Lessee, by the enumeration of the matters set out below, it is specifically agreed that the Lands leased pursuant to this Lease may be used, occupied and enjoyed by Lessee for the following purposes: Constructing, erecting, installing, operating, maintaining, inspecting, using, replacing, repairing, moving on and removing from the lands a compressor station and/or gasoline plant and/or gas purifying, dehydrating, treating and cleaning plant and all buildings, warehouses, garages, storage facilities and structures of whatever kind, together with any machinery, engines, pumps, equipment, appliances, facilities, meters, pipes, regulators, fittings, gate valves, blow off valves, gate boxes, boilers, stills, heaters, drips, cooling towers, pipelines, telephone lines, electric transmission lines, and any other structure (collectively the "Facilities") as may be necessary, convenient, or desirable to Lessee in its operations in carrying on its business in which it is now engaged or may hereafter be engaged. Lessor agrees that Lessee may have nonexclusive use of the existing roads on Lessor's lands shown on the Reim, t4: t i z Page lafi4 Williams 1'roduelion RMT 1515 Arapahoe 51'., Tower 7 #10(10 _Denver. CO 50202 IIIIIVIARMAPIN1Vi1�l1s71f17117rt171�' 17�'alll'� 111111 Reception#: 727739 0711i12007 03:64-39 Pa B: 194B P: 0925 Jean Rlberroo 2 of 7 Roc Poo: 136.90 Doc Fes,0.00 GBRFCELD COUNTY CO attached Exhibit "A" for the purpose of accessing the lands and the Facilities, with the right of ingress and egress for such use and purposes at all times that is subject to the use of Lessor and to any.agents, employees, contractors, servants, and assigns of Lessor. Lessee shall submit all plans for construction of any such improvements and shall obtain Lessor's prior written consent, Lessee is granted the right to lay, repair and remove lines of pipe for water across the lands, and erect and maintain telephone lines and electrie transmission lines on the lands, at a reasonable consideration or compensation as determined by Lessor in Lessor's sole discretion to be paid to Lessor, with the right of ingress and egress over existing constructed roads for such use and purposes at all times. Notwithstanding the foregoing, the routes for such water pipelines, telephone lines, and electric transmission lines shall be subject to the prior written approval of Lessor. Lessee shall have the right to do and perform any act on Lessor's adjacent lands as may become necessary to protect Lessee's property in case of flood or fire, and to prevent the spread and loss of oil and other liquids. Lessee warrants and agrees that it will comply with any and all laws, ordinances, orders, rules, regulations, standards and licensing requirements of any state, federal, municipal or local authority or agency, now in force and effect or which may be passed, enacted, issued, revised, required or later promulgated, incident to or arising out of or in any way connected with Lessee's utilization of the Lands or any activity conducted under, pursuant to or by virtue of this Lease. Lessee agrees that it will not discharge, dump, bury or store for purposes of disposal, pollutants of any kind on the Lands or into or on any water on, adjacent to or in the area of the Lands, including, but not limited to, pollutants such as oil, chemicals, toxic substances or materials, hazardous wastes or hazardous substances, including pollutants as the same may be defined in any Federal, state or municipal laws, rules, regulations or ordinances. Lessee specifically agrees to fully indemnify and hold Lessor harmless from and against all claims, demands, losses, costs for removal and/or cleanup of pollutants, judgments, causes of actions, fines, penalties, costs, including, but not limited to, attorneys' fees and costs of court, arising out of or connected with Lessee's noncompliance with the terms of this Lease. Lessee shall not allow the use, possession, transfer, purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Lessee or its contractors, sub -contractors, or agents while on the Lands or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and other weapons upon the Lands or adjacent lands is absolutely prohibited. No hunting, trapping, or fishing is permitted on the Lands or adjacent lands and no such rights are granted by this Lease. Any notice, written demand or request to be given to Lessor or Lessee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended. Notice shall be deemed given upon receipt. Puckett Land Company Attn: Ray Anderson 5460 S. Quebec St., Ste. 250 Greenwood Village, CO 80111 Phone: 303-773-1094 Fax: 303-773-1157 Bargath Inc. c/o Williams Production RMT Company 1515 Arapahoe St., Tower 3, Ste. 1000 Denver, CO 80202 Phone: 303-572-3900 Fax: 303-629-8281 Lessee has the right, upon the expiration of the Primary Term of this Lease, or any extension thereof, as the case may be, within six (6) months after that date to remove any and all buildings, fixtures, above or below ground pipelines, structures and equipment which it may have placed on the Lands, provided all rentals have been paid. If any such buildings, fixtures, above or below ground pipelines, structures or equipment have not been removed within six (6) months after that same date, at Lessor's option Lessee shall (i) reimburse Lessor for Lessor's reasonable costs of destruction, removal and cleanup of such buildings, fixtures, above or below ground pipelines, structures, and equipment, or (ii) convey all of Lessee's right, title and interest to such buildings, fixtures, above or below ground pipelines, structures, and equipment to Lessor, Lessee agrees that upon the termination of this Lease for any reason, it will, if requested by Lessor, remove any or all structures, buildings, fixtures, above or below ground pipelines, structures and equipment which it may have placed on the Lands, clean or remove any contaminated or polluted soils and surface or subsurface materials, level the surface of the Lands, and restore vegetation with species that are consistent with adjacent undisturbed areas, all at Lessee's sole cost and expense. This Lease and all matters pertaining hereto, including, but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties and interpretation or construction, shall be govemcd and determined by the laws of the State of Colorado. Page 2 of 4 1'1111 NNUYNW1111101461,I h" 1CIOh WIWIEJNi 11111 Reception*: 727739 07/1112007 03:54:39 FM B: 1940 P: 0926 .lean Alberico 0 of 7 Rao Fee:f36 00 Doc Fee:0.00 GARFIELD COUNTY CO Notwithstanding anything herein contained to the contrary, the rights granted to Lessee herein shall be non-exclusive; Lessor shall have the continuing right to access the Lands and to use the property for any means which do not unreasonably interfere with Lessee's operations on the Lands. This Agreement is subject to all contracts, leases, liens, easements and encumbrances or claims of title which may affect the Subject Lands and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. The terms and provisions of this Agreement shall extend to and be binding upon the parties, their respective heirs, successors, legal representatives and third party assigns; provided, however, no assignment by Lessee of the rights or obligations hereunder shall be made without Lessor's prior written consent. If Lessor consents to such assignment, it shall not be effective until Lessor has received an instrument or letter executed by Lessee and its assignee evidencing that such assignment has occurred and that such assignee has assumed all the obligations hereunder. Following written notice to Lessor and subject to its consent, Lessee shall have the right, to assign this Lease to any affiliate or subsidiary. The occurrence of any one or more of the following events, if not remedied shall constitute a default and breach of the Lease by Lessee: a. The vacating or abandonment of the Lands by Lessee, without payment of rent. b. The failure by Lessee to make any payment areal. c. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease. In the event of any such default or breach by Lessee not timely cured, then such default or breach shall cause this Lease, at the option of Lessor, to terminate under the terms provided herein. The waiver by Lessor of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Lease. The parties have executed this Lease the day and year indicated below but effective on the Effective Date set forth above. LESSOR LESSEE Puckett Land Company Bargath Inc. By: By: Nan?e• 1' i4 a r{C</WserzBAzssi Title: President N Josep : arrett S Title: Assistant Secretary Page 3 of 1111 EMP11u, 4t I4I X14111el 'W14 MCI 11111 Rec*pi ontl: 727739 47t2Roce6e4 9DGAIELDof7Fe43. Dot F.00RFCOUTYCO ACKNOWLEDGEMENTS STATE OF COLORADO ) } COUNTY OF ARAPAHOE ) Before me, a Notary. Public, in and for said County and State aforesaid, I do hereby certify that Mme- y U0u,crrre4nif,_4, . whose name is subscribed to the foregoing instrument as President of Puckett Land Comoanv„ a corporation, appeared before me this day in person and acknowledged that be executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this f day of June, 2007 My Commission Expires: (SEAL) RAYMOND S. ANDERSON 'NOTARY PU9UC' • MOM* 'NY C m nWian Epee moan STATE OF COLORADO ) COUNTY OF DENVER ) Public Before me, a Notary Public, in and for said County and State aforesaid, I do hereby certify that Joseph P. Barrett, whose name is subscribed to the foregoing instrument as Assistant Secretory of Bargath„ Inc„ a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal thisal*day of June 2007 My Commission Expires: lO 19a! , A � , .G.O, (SEAL) Notary Public Saran A,Bahia M*i'y Agile. Sore jColando 1515Aropt mSAtet.Tower 111000 Denver, CO aDYGr My CnnunW alon EYplret:1022110 Page 4 of 4 •licIli pro# 111/AI h�t�II�ih"hE4 V4i1e1�111111111III ReteptfonM: 727739 07/1112007 03:54:39 PM BT 1940 P: 0928 Jean Rlbsrloo 5 e1 7 Ren F.41436.00 Doo Fes:4.00 GARFIELD COUNTY CO 15 EXHIBIT "A" (1 of 3) Attached to and made a part of that certain Compressor Station/Plant Site and Agreement dated June lir#, 2007, by and between Puckett land Company and Williams Production RMT Company. sumo imam. son* ZIAi OAST, ofa. PJL GUU7ELDCOURT, COLORADO mamma, 71►fl7'l a, ,:. . 1000' xxo' 0 rano' J z nun COmmRissar" STATION ezz SESE LEGEND j ' MOMMIENT SECTION CORNER moss POUND MONUMENT OfJANTIER CORNER NOTE 1.) DRAWING ISD TO HA02700.TLA4.111PCa ONCENIRpL AU. DISTANCE l SHOWN ARE ONO DISTMCES. 2.) LANDOWIIR ratommTION Imam MUM SASE) UPON INFORMATIONwampum) cc(mTYPSSESSOR WEB SITE; MAP 2159 REV* 4,10EI SIAISDnl.T OFSRURVEYOlts LARRY G IOO7?ELTSTATES AEII IYOCCUPATION A NEGGIEREO 1r4NO SURVEYON ENPLOVIED SY WILLIAMS LIAMS PROOLICTION NIT COMPANY TO AMNEA SURVEY CP THE MIINCB 4S DESClMMEOAAV SNOW CW T)II AOI; Tri4T THE BiIyTYEYOF SAID Mt71b[*41UV&WEN NMSIANSWISI NA11nAu OR/1Y, COMMENCING - r - 1}14T SUCH SURVEY IS ACCOM IEC r "Y MIS AN/. 111FRIFFIN & ASSOCIATES, INC. f414 ELK MEET, NOON APINMds. NY4Xlet PNOAI1(101)80 11 D.RG. JOa -14703 o11AMN NY: ON CHECxI13 NY: LOE DATE: 121120 APPIW'I DY: L® 111:1A71: 121170 DATE: 121700 AURA: 1'.1007 WLLIAMS PRODUCTION RMT COMPANY CRAWEORD TRAIL COMPRESSOR STATION A PARCEL VNTHlI LANDS OF PUCKETI. LAND COMPANY orANIA KAP 14703-ROW01 EXIIIR'A 1OF3 1111 1111141170M1 !Nil 11 11 1 Receptionil: 727730 07/11/2007 03:54:89 PM 0: 1948 P: 0229 Jean AIberico 6 of 7 Roo Fee:636.00 Doc Fes:0.00 GARFIELD COUNTY CO EXHIBIT "A" (2 of 3) Attached to and made a part of that certain Compressor Station/Plant Site and Agreement dated June 19, 2007, by and between Puckett land Company and Williams Production RMT Company. SECTION I TOWNSI IP6S(! TN, RANGE 97' WEST of& 6th PM. GARFIELD COUNTY, COLORADO \ �ry�c' S 46'51S. '1' j� s\.••x / a sib 45 eg. /4 s f�- v7\.\ i3 / / f \ \ • DETAIL 1 \ • \ 1 ± 1 ;l \ 11 /. r \ 11 / z #7 \ \ ,il 1 // sliso�• a ,'i a / 4. OB 5 1 1 WI CRAWFORD TRAIL .,4 / "" COMPRESSOR STATION PARCEL i /'Y/ .> 759,507 SO. FT. OR , y �1e A� 4 _ ^ 17.436 ACRES f!r g to �'� #11 \.\ = rr PARCEL CORNER +1 V ski: 25,4 7a, A/C2' (TYwe REBAR v N 4L) 12022 4/ 1 j �1 1Pnod !go 1 r (rri..—Pfo) ,y. 1 --- r— GAT GAS----' GAS 12" OATNERINO PIPELINE WPRMT--- OAS --GAS — - t ! / / p{ LINE PARA A ER u7EML— — . - — — ---Z---..‹. ✓ us --� �s — uat ---- Dea ---- —3Q' PARACNIRE i.ATERAI WNWP� �'--- � —� -.--..c-.-- —.--•--•—_ROW UNE PARACHUTE LATERAL— • — —• - -- —•— I� \' --.4...w.- s.... Ci'� c \'¢ /l; �. �� i• //' X51 '` , \\ '\\ e, / 'k. . cbg • � e1,714../4 / • ),tse. SCALS 100' 0 1' ER ElfRIFFIN & ASSOCIATES, INC. 1414 Et. 0( RACKSPRINOS, WY 82001 "IONE(907) 882•10928 D.R.G. )00 -14703 WILLIAMS PRODUCTION RMT COMPANY CRAWFORD TRAIL COMPRESSOR STATION A PARCEL WITHIN LANDS OF PUCKETT LAND COMPANY DRAWN BY: LGB DATE: 12/12106 APPROVED BY: LGB 1 DATE: 12!1206 CHECKED BY: LGB DATE 12!12106 SOLE: r •zoo' 0M 14703-ROWOI EXHIBIT 'A' 2 OF 3 1111101WINi+NMI 34ih"i1r4ihth I 'IN 11I11 Receptlantl: 727734 77cl17�Roc Fas5�9a0nDoc Feee:D.00 GARFIELD Alberto* O EXHIBIT "A" (3 of 3) Attached to and made a part of that certain Compressor Station/Plant Site and Agreement dated June i ,, 2007, by and between Puckett land Company and Williams Production RMT Company. SEC97ON23, ZOWNSIID; 6 SO-UTILTRANee97 NEW; olfthe 61hP.IL GSI RF1EW D COU IY, COLORADO STATEMENT OF SURVEYOR: PARCEL LEGAL DESCRIPTION A parcel of land for oompressor stator' and appurbe0ant use situated in the Northwest Quarter of the Southeast Quarter, the Southwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southeast Quarter of Section 23, Town9hip 8 South, Range 97 West of the 8th Principal Meridian, Garfield County, Colorado. said parcel being more particularly descried as follows: Commencing at the Southeast Section Comer of said Section 23, thence N88'18'02'W 2638.41 feet along the South Line of said Section 29 to the South Quarter Section Comer of saki Section 23, from wtdd the Southwest Section Comer of said Section 23 bears N8816'151W 2632.58 feet, thence N14"06453"E 958.81 feet to the Pant of Beginning. the most Westerly comer of the faros' and a 2" aluminum cap and rebar (Comer #1); thence N68"1V26'E 378.50 feet to a 2' aluminum cap and rebar (Comer #2); thence N48'1T58'E 588.21 feet to 8 2" aluminum cap and rebar (Comer43) and the most NoHhsrty comer of the parcel; thence 876'5531"E 100.00 feat to a 2' aluminum cap and tater (Comer #4); thence S46°55'31"E 137.35 feet to a 2' aluminum cap and rebar (Comer #5); thence S16'55'31'E 100.00 feet to a 2" aluminum cap and rebar (Corner 416); thence S18'40'14"W 439.69 feet to a 2' aluminum cap and mbar (Corner #7); thence S38 -28'44'E 611.30 feat toe 2" aluminum cap and rebar (Comer #8), the most Easterly Domer of the parcel and a point 25.0 feet, more rr less, Noct westerly of the oenterfine of an existing access road; thane 25.0 feet, more or less, Northwesterly of and parallel with said acmes road centerline 553°39'10'W 100.00 feet to a 2' aluminum cap and rebar (Comer #9); thence S66'41'SO-W 100.00 feet to a 2" aluminum cap and rebar (Caner #10); thane 956'58'59'W 100.00 feet to 8 2' aluminum cap and mbar (Comer #11); thence S53°17.33W 153.34 feet to a 2' aluminum cap and rebar (Caner #12)and the most Southerly comer of the parcel; thence departing said erness road and foibmng a fine 25.0 feet, more or less, Northeasterly of and parallel with a erdsting Mame Production RMT Company 12" buried gas pipe1ne N46'55'31'Weat 120229 feet to the Point of Beginning. Said parcel contains 759,507 square feet a 17.436 aces, more a Less PARCEL NOTES 1. SOUTHWESTERLY LINE OF PARCEL (PARCEL CORNER #12 TO #1) ESTABLISHED AT NOMINAL 25.0' OFFSET FROM APPARENT CENTERUNE OF EXISTING 12" WILLIAMS PRODUCTION RMT COMPANY PIPELINE. SOUTHWESTERLY LINE OF PARCEL ALSO AT NOMINAL 75.0' OFFSET FROM CENTERLINE OF EXISTING 30" WILLIAMS NORTHWEST PIPEUNE PARACHUTE LATERAL PIPELINE. 2. THE EXTERIOR NORTHWESTERLY LINE OF PARCEL (PARCEL CORNER 11, #2 AND #3) AND THE INTERIOR SOUTHEASTERLY AND NORTHEASTERLY UNE (PARCEL CORNER #6, #7 AND 8#) ESTABLISHED AT CONTOUR FOLLOWING NOMINAL ELEVATION OF 8435.0'. 3. THE EXTERIOR SOUTHEASTERLY (PARCEL CORNER #B, #9, /10, #11 AND #12) 15 ESTABLISHED AT A NOMINAL 25,0' OFFSET FROM THE CENTERLINE OF THE EXISTING ACCESS ROAD. 4. THE EXTERIOR NORTHEASTERLY LINE (PARCEL CORNER 1.3, 14, #5 AND 16) HAS BEEN PARALLEL OFFSET 50.0' TO THE NE AND CHAMFERED AT THE ENDS TO ACCOMMODATE DAYLIGHT GRADING LINES AND CUT SLOPE DEVELOPMENT LIKELY FOR THIS AREA. 5. RESULTING L—SHAPE IRREGULAR PARCEL (NON—PARALLEL AND NON --PERPENDICULAR LINES) IS A RESULT OF CONTOUR, ROAD ANO EXISTING PIPELINE FOLLOWING DESIGN. ALTHOUGH NON—TYPICAL, THE IRREGULAR SHAPE PARCEL WILL SERVE TO OPTIMIZE GRADING DESIGN AND AREA UTIUZA'l'ION FOR THE SIGNIFICANT TERRAIN RELIEF AFFECTED PARCEL. PARCEL AS HAS SURVEYED MINIMUM AND MAXIMUM SURFACE ELEVATION OF ±8427' AND #8477' (OR DIFFERENCE OF ±50'). ilgRIFFIN & ASSOCIATES, INC. 1414 ELKSmREET" ROCKSPRINas NY 82901 PHONE ($07)962-561,28 D.R.G. JOB/ -14703 WILLIAMS PRODUCTION RMT COMPANY CRAWFORD TRAIL COMPRESSOR STATION A PARCEL WITHIN LANDS OF PUCKETT LAND COMPANY DRAWN BY: LOB CHECKED BY: LOS DATES 12/12,06 DATE: 12/12.06 APPROVED BY: LOB (DATE: 1211208 SCALE: NONE 14703-ROW01 EXHIBIT 'A- 3OF3 i 1111 N'itlAUO�l� ��1,� i4I "�1� IM ' 11111 Reeeption#• 737433 11/14/2007 0409:06 P11 lean Alberico 1 of 5 Rea Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 15th day of October A.D. 2007, there was present: John Martin Larry McCown Trbsi Haupt Don DeFord Jean Alberico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 7-1 0 9 A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW STORAGE ON A PROPERTY OWNED BY PUCKETT LAND COMPANY DESCRIBED AS SECTION 36, TOWNSHIP 6 SOUTH, RANGE 97 WEST, GARFIELD COUNTY PARCEL NO# 241101300001 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from the Petroleum Development Corporation for a Conditional Use Permit ("CUP") to allow Storage on their property within the RL (Resource Lands) zone district; and WHEREAS, the Board held a public hearing on the I 5th day of October, 2007, upon the question of whether the above described CUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said conditional use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as Iisted below: 1. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 2. Staff finds that the project results in limited impacts to surrounding properties due to its 1 1111 K'i I+MI,INf Wi,L M i Bili .i vl! Ir ', I114 11111 Reoeption#: 737433 11/14/2007 04:19:06 PM Jean giberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO highly remote location within the subject property, on the Plateau with no residential uses within miles of the location, and is surrounded by gas drilling activities; That by proceeding with this proposal there will be an overall decrease in traffic on unimproved roadways and county roads which will promote safety and wellbeing; 4. That the proposed facility meets the requirements set forth in Section 5.03, 5.03.07 and 5.03.08 with the exception of the requirement of a wildlife report and sound analysis that shall be required prior to issuance of the CUP; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Conditional Use Permit for Storage for Parcel No. 241101300001 is approved subject to compliance with all of the following specific conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. That the Applicant shall provide a noise analysis of the project prior to issuance of the CUP that demonstrates that the proposed use will not exceed the state's noise guidelines. 3. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 4. Vibration generated by the storage site shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 5. Emissions of smoke and particulate matter by the storage site shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: The storage site shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 7. The Applicant shall provide an approved commercial portable chemical toilet on site until restroom facilities are available at the adjacent temporary employee housing site. The portable chemical toilet shall be maintained and in sanitary conditions at all times. The Applicant must provide a contract with a service company establishing maintenance of the portable chemical toilet prior to issuance of the Conditional Use Permit. 8. That the Applicant shall provide a wildlife analysis of the project prior to issuance of the CUP that demonstrates that the proposed use will not impact wildlife in the area. 9. That the Applicant shall submit a Storm Water Management Plan prior to the issuance of the CUP. 2 i 1111 IA%PRIViiMli.141 X10.141Mi :1%1116N IN' 11111 Reception#: 737433 11/1412007 04:19.06 PM .lean Alberto° 3 of 5 Rao Faar$9.90 Doo Fee:0.00 GARFIELD COUNTY CO 10. The Applicant must install an 8 -foot chain -linked fence around the perimeter of the site which may include the adjacent temporary employee housing site. The installation of a fence requites a building permit. 11. That the Applicant shall comply with the following requirements of the County Vegetation Management Department: a. The Applicant shall submit a reclamation bond of $11,000 to Garfield County for the reclamation of the disturbance prior to the issuance of the Conditional Use Permit. The security shalt be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. b. Please submit an inventory of county listed noxious weeds on a weed map prior to issuance of the CUP. c. All bales used in erosion control must be certified as weed free straw or mulch. 12. That the Applicant shall comply with the following requirements of the County Road and Bridge Department a. All vehicles hauling equipment and materials for the construction of the project and for storage will comply with Garfield County's oversize/overweight permit system. b. A letter from Petroleum Development Corporation stating what companies can obtain oversize/overweight permit operating under their bond posted with Garfield County will be sent to Garfield County Road & Bridge Department before any permits will be issued to said companies. 13. Ali project activities shall be required to comply with the following performance standards: (1) Volume ofsound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located, (3) Emissions of smoke and particulate matter. every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations 3 11111/1PANAMlWIthJ 'G 10:111/11IMIN 11111 Reception#: 737433 11/1412007 04:19:06 PM Jean Alberloo 4 of 5 Rec Fee:$0.O0 Coo Fee:O.O0 GARFIELD COUNTY CO which may he required by law as safety or alt pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitatylandfill and mineral waste disposal areas: (A) Storage of/laminable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written reconunendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 h. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet In height and obscured from view at the same elevation or lower. Screening may include berniing, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors orglare beyond the property boundaries w�rl! be conducted within a building or outdoors during the hours of 8 a.m. to til p.m., Mon. Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ter: (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection, on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. i VIII K Q'i i ** ,* gyp* ,IVICIVm1 I + NIS 11111 Reception#: 737433 11/1412047 04:19:08 PM Jean Albertoo 5 or 5 Rec Fee:$0,00 Doo Fee:0.00 GARFIELD COUNTY CO Dated this / day of 2 'P-424.2.. , A.D. 20 O . ATTEST: k of the Board GARFIELD COUNTY BOARD OF COMMIS SIO GARFIELD OUNTY,C• OR DO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRI SI HOUPT STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 111111 1T1l'J3W1 N,1411 N14t# 11111 Reception#: 749789 01106/2008 02:17:36 PM Jean Albertoo i of 3 Rao Fee:$0.00 Doe Fee:0.00 GARFIEL0 COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 101 day of December A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Haupt , Commissioner Pon DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2 00 8 -0 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR A COMMUNICATIONS FACILITY WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Marathon Oil Company (Applicant) for a Special Use Permit ("SUP") for four (4) Communications Facilities on three separate properties owned by Berry Petroleum Company, Puckett Land Company, Chevron USA, Inc located within the Resource Lands (Plateau) zone district. The design of each facility will comprise of a 20' x 20' foot print that includes a 10' x 10' concrete foundation, 70 -foot tall tower with minimal support components including the thermoelectric generator, 500 gallon propane tank, and electric box; WHEREAS, the County Zoning Resolution of 1978, as amended, defines a Communication Facility in Section 2.02.155 as follows: A non -inhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Communication facilities include structures or towers, and accessory building, not including individual/personal direct -to -home satellite services. WHEREAS, the Board held a public hearing on the 10`h day of December, 2007, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 i 1111 ri.vtrirmichir,iiimixicittliiix 11111 Reception##: 740789 01108/2008 02:17:35 PM Jinn Albarlco 2 of 3 Roc Fu:$0.00 Doc Fsa:0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1) That the approval of such Communications Facilities is in the best interests of the general health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2) That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3) That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 4) That the Communications Facilities comply with Sections 5.03, 5.03.13, and 9.0 of the Zoning Resolution of 1978, as amended, if all conditions have been met NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2) That no Special Use Permit shall be granted unless the Applicant can demonstrate to the BOCC that co -location is not available to them and that new individual facilities are the only way to proceed. This shall need to be addressed at the hearing before the BOCC. 3) That all colors used on the facilities shall not make the tower reflect light and blend in with the surrounding vegetation. 4) That, due to the tall height (70 -feet) of the approved towers, they shall be available for additional users to co -locate on the tower so as to not proliferate communication towers across the plateau. Prior to issuance of a Special Use Permit, the Applicant shall furnish GPS location and an area that is served by each tower for the potential of future users. 5) Staffrequests that the applicant include this communication site in a weed management program that will provide for annual monitoring and treatment of Garfield County listed noxious weeds. This plan I program shall be provided to the County prior to issuance of any Special Use Permit. 6) The Applicant shall demonstrate that fire protection measures (Fire Protection & Response Plan with a map and GPS coordinates for emergency response) are incorporated into these facilities 2 ■IIP , ' ���r� ��� ��a� �u,a� t a � �� �� 111111 Reeep{jcnii: 740789 01/08!20013 02:17:35 PM Joan plberioo 3 of 3 Rao Fea10.00 poo Fee:0.00 GARFIELD COUNTY CO prior to the issuance of a Special Use Permit. Dated this 1 day of J 1� , A.D. 200 ATTEST: I of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the fore ; • ing Reno tion adop = by the following vote: COMMISSIONER CHAIR JOHN F, MARTIN Aye COMMISSIONER LARRY L. MCCOWN Aye , Aye COMMISSIONER TRft HOUPT STATE OF COLORADO ) )ss County of Garfield County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3 i Illi i1'1 h�i1�IWl NA,4�il�h fN�hl4t 1111IIlI� 11111 Recept1anq: 740991 01/08/2000 02:17:35 PR Jean Alberice 1 of 1 Rec Fee.$0.00 Doo Fee:0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT for Puckett Land Company In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 - 0 3 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: "Communications Facility" The design of each facility will comprise of a 20' x 20' foot print that includes a 10' x 10' concrete foundation, 70 -foot tall tower with minimal support components including the thermoelectric generator, 500 gallon propane tank, and electric box in the Resource Lands (Plateau) zone district The Special Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTES GARFIE COM I COU UNTY BOARD OF GARFIELD DO SIONE , COLO Ch M e' rk of the Board 1111PAp' ,11411,1417J11,t ! L4' ',1f Nk.S 11111 RQception#: 741079 01114/2008 01:48:12 PM Jean Albericc 1 of 5 Rev Fee:526.00 Doc Fee:0.0D GARFIELD COUNTY CO State of Colorado )ss. County of Douglas AFFIDAVIT John M. Hefner, of [awful age, being first duly swam on his oath, states that he is President of Blue & Gray Resources, Inc., duly qualified to do business in the State of Colorado; that he is authorized to make this affidavit on behalf of said corporation; and that: 1. Blue & Gray Resources, Inc. ("BGRI") and Petroleum Development Corporation ("PDC") entered into a Location Fee and ORRI Agreement, Haystock Ranch Property, Puckett Land Co. ("Agreement') dated November 21, 1999, which is attached as Exhibit "A" attached hereto. 2. Said Agreement provides for payments of a location fee by PDC upon the occurrence of certain events as set forth in said Agreement in the development of the Haystack Ranch Property. 3. The Haystack Ranch Property ("Property") is depicted on the map attached hereto as Exhibit B and can also be described as: TQwnship 6 Soyth. Rance 96 West. 6th P.M. Section 19: SW/4 Section 30: S/2 Section 31: W/2 Township 7 South. Range 96 West, 6th P.M. Section 6: E/2, SW/4 Section 7: N/2, SE/4 Section 13: part of W12 Section 14: E/2SE/4 Section 17: NW/4 Section 18: N12 Section 23: part of NE/4 Section 24: part of NW/4 Township 6 South. Rano° 97 Wei, 6'" P.M, Section 23: E12, SW/4 Section 24: All Section 25: All Section 26: All Section 35: All Section 36: All Township 7 South, Range 97 West 6th P.M. Section 1: All Section 2: All Section 11: NW/4, N12S12 Section 12: N/2, N125/2 11111 I'.1 ,p��,Nlllati �Iril�'� 1+��ICpf�� p+,lll�l� 11111 Reeeptjon#: 741073 21f4ZRaFPM2 e00tAo5o .e:$26.0Doe Fe.0GRFIELD COUNTY CO 4. Said Agreement provides provides for the assignment of a 1% of 8/8ths (one percent of eight eighths) overriding royalty interest from PDC to BGRI on any well drilled on a "valley" location by PDC on the Property. Said "valley' location is defined as as any well accessed from the valley which can also be described as; Township 6 South.. Ranae 96 West. 6th P.M. Section 19: SW/4 Section 30: 512 Section 31: W/2 Township 7 South. Ranao96 West. 6th P.M. Section 6: E/2, SW/4 Section 7: SE/4 Section 13: part of W/2 Section 14: EJ2SE/4 Section 17: NW/4 Section 18: N12 Section 23: part of NE/4 Section 24: part of NW/4 Township 6 South, Range 97 West$'" P.M. Section 24: E/2 Townpin 7 South, Ramie 97 West. 6th P.M. Section 1: E12E12 Section 12: NE/4 5. Said Agreement provides for the assignment of 0.5% of 818thss (one-half of one percent of eight eighths) overriding royalty interest from PDC to BGRI on any well drilled on a "mesa" location by PDC on the Property. Said "mesa" location is defined as any well accessed from the mesa which can also be described as; Township 7 South. Ranae 96 West, 6"I P.M. Section 7: N/2 Township 6 South, Ranae 97 West. 6th P.M. Section 23: E/2, SW/4 Section 24: W/2 Section 25: All Section 26: All Section 35: All Section 36: M Tcnfinship 7 South. Ranae 97 West. eh P.M. Section 1: W12, W/2E/2 Section 2: All Section 11: NW/4, N/2S/2 Section 12: NW14, N/2S12 1111 K WI ki7111711f711171117f .I1 ENC li it ,I l l Reception#: 741679 01/1412008 D1:4B:12 PM Jean Alberloo 3 of 6 Roc Fe.$26.00 Doo Fee:0.00 GARFIELD COUNTY CO 6. The overriding royalty interests provided for by the Agreement shall be calculated on a "net" basis and shall bear its proportionate share of taxes, third party compression, gathering and transportation charges. 7. This Affidavit is recorded for the purpose of giving notice of the Agreement and the interest of BGRI in the Property. Further affiant sayeth not. Subscribed and sworn to before me this \, day of nN Witness my hand and official seal. My commission expires: My Commission Expires 1112$f2010 2008. N ary Public: 11111 140rp'L 1 it ,1V II ll*1 1CV I4 NH 1111 Mr, John M. Hefner Blue & Gray Resources, Inc. 10304 Sunflower Drive Parker, CO 80314 ReeQptiont: 741079 01/14/2008 01:48;12 PM Jean falberico 4 of $ Reo Fee:$26.0D Doc Fee:0,00 GARFIELD COUNTY CO Petroleum Development Corporation 103 East Main Street P. O. Box 25 Bridgeport, West Virginia 26930 Phone: (304) 842-3597 November 21, 1999 RE: Location Fee and ORRI Agreement, Haystack Ranch Property, Puckett Land Co. Dear John: Petroleum Development Corporation (PDC) and Blue & Gray Resources, Inc. (BGRI) hereby agree to the following: • PDC agrees to pay BORE the sum of 110,000 dollars upon execution of an agreement with Puckett Land Co. iPLC) and payment of any monks due PIG. Pamela to BGRI will be non-refundable. • PDC to BORE a location fee in the amount of tie 000 dollars for each well PDC under an agreement with PLC to develop the Haystack Ranch Property (approximately 7,600 acres). PDC air reel to assign to DORS an overriding royalty interest lORRI) of 1% of OlBths lone percent of eight eighths) on any well drilled in a "whey" location ler PDC on the Haystack Ranch Property. A "valley" location is defined as any well accessed from the valley. • PDC mecca to assign to BORT an overidinO royalty irderest ORR) of 0.6% of 81Bths (ne-hart of one percent of eight eighths)on any well drilled on a "mesa" location by PDC on the Haystack Ranch Property. A "mesa" location is defined as any well accessed oro the mesa. • The ORRi identified above will be calculated on a "net" basis. The ORRI will bear a proportionate share of all taxes, third party compression, gathering and transportation charges. The above items represent the entire agreement between PDC and BGRI. Modifications to this Letter Agreement may be made with the mutual written consent of both parties. If the foregoing represents your understanding of our agreement please indicate your consent by executing this Letter Agreement in the space provided below. If you do not agree with the items outlined above please contact PDC at your earliest convenience. Very truly yours, PETROLEUM DEV PMENT CORPORATION Eric R. Steams VP, Exploration and Development ACCEPTED AND AGREED TO BY: Blue and Gray sources, Inc. , BY: John Feer IF 41 =97W- • • • • • • • •1 • • • • • A A4 rep r fffiAr ;,,, ro ft ram A, FP V r rA A A r Nor AM • rri 1 • • Li " 6 S - 9 W A, • 10 • I• • • V44 a. • ; • • • . • • •• • . • 4• . • • • '?1. • • •• •• • • • -• • * • • 5S -95W - * • • • • • „ • ▪ 41▪ ., • • • • • • • • • :•• * • • .• ' • • • •• • * • :•_i10. • • • • • , __I• _.•---.-- • -Th a • • . • • • *., • • • 0 1- 8 w oa oto LO 29 a : •1 Clo.0ro I"- 0 I' .. • • •-• • az-ru) = a Woo 75- tW to. GARFIELD COUNTY LEASEHOLD OraFIELD COMM COLORADO UMW r • 3,9:07 COM rare CA •07 Land rralahr T/W47 I 75 96W ',jilt I IP * , • I • • IO • • • • • • • • i 1111 111.111157,NIIIIIMINIVAMIVI4UWW 11111 Reeeptlontt: 746240 04109/2008 03:10 14 Pit dean Alber Soo 1 of 7 Rao Fee,S36.00 Ooo Feq:0.90 GRRF[EL0 COUNTY CO EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS EASEMENT AND RIGHT-OF-WAY AGREEMENT is entered into and effective the 8th day of November, 2007, between Puckett Land Company, 5460 South Quebec Street, Suite #250, Greenwood Village, CO 80111 ("GRANTOR") and Marathon Oil Company, 5555 San Felipe, Houston, Texas, 77056 ("GRANTEE"). RECITALS A. Grantor represents but does not warrant that it owns an interest in the surface estate to the property described below ("Subject Lands") and located in Garfield County, State of Colorado described as follows: Township 6 South, Range 97 West, 6th Principle Meridian Section 23: All B. Grantee desires to obtain a pipeline easement ("the Easement") for the purpose of constructing, maintaining and operating up to three (3) pipelines for the gathering and/or transportation of oil, gas, water (fresh and produced) and other hydrocarbons across the Subject Lands. AGREEMENT In consideration of the foregoing recitals and the terms, covenants and conditions contained herein, Grantor and Grantee agree as follows: CONSIDERATION: For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey to Grantee the use of a right-of-way to install, maintain, operate and replace up to three (3) pipelines, which is herein recited and reflected on the attached Exhibit "A". PIPELINE & RIGHT-OF-WAY: An easement and right-of-way to construct, lay, maintain, modify, operate, alter, replace, remove pipelines as described herein, including but not limited to valves, regulators, meters, separators, purification equipment and pipelines with fittings, appliances, and appurtenant facilities. Staging areas are not granted under this easement. The pipelines shall be used for the transportation and processing of oil, natural gas, water (fresh and produced), petroleum products or any other liquids, gases or substances which can be transported through a pipeline and for no other purpose. The centerline of the route for the pipeline easement granted herein is depicted on Exhibit "A", attached hereto and made a part hereof. Said easement and right of way shall be fifty feet (50') in width, for a total distance of approximately nine hundred sixty rods (960 rods). The pipeline route as shown on Exhibit "A" is subject to change upon receipt of a final survey, a certified copy of which shall be provided to Grantor at no cost. During the construction of said pipelines, an additional, temporary easement totaling twenty-five (25) feet in width, comprised of an additional twelve and one-half (12.5) feet on each side of the easement centerline, is hereby granted. Except where Grantee's activities will interfere with irrigation ditches, streams or creeks, Grantee shall bury the pipeline with a minimum of forty-eight inches (48") of soil from the top of the pipeline to the normal surface of the ground. The affected areas shall be recontoured and reseeded with species which are consistent with adjacent, undisturbed areas upon completion of pipeline construction to prevent erosion. Grantee shall be permitted to cut ail undergrowth and other obstructions that may injure, endanger or interfere with the use of said pipelines. Grantee may request from time to time, to lay within the right of way described above an additional line(s) of pipe similar to or different in size from and alongside of the line herein mentioned. Grantor reserves the right to approve such request on a case-by-case basis. Upon such approval Grantee shall pay Grantor, his heirs or assigns for each additional line a sum of PUCKCETT LAND COMPANY 1 of 6 5/24/2007 MA-Rr4 ya 01 L 7 1111 Curl+i aiirvINI,Willikri if INN 11111 aloe {ionli: 745240 04/09720W8 Q3:10 4 PM Joan Rlberico 2 ef 7 Roc FBe:$ & OO Doc Fee,0.00 GARFIELD COUNTY CO money equal to the consideration paid for the first Pipeline and Right -of -Way easement within 30 days of such written approval. Grantor reserves the right to the full use and enjoyment of the Subject Lands except for the purposes herein granted. Such rights reserved to the Grantor may include the conducting of haying, irrigation, and grazing operations, and Grantee agrees to coordinate post construction and maintenance operations with haying and ranching operations. In no event shall the location of this Right -of -Way unreasonably interfere with use of the Subject Lands for commercial development of any kind, or oil, gas, and oil shale development. The foregoing rights and privileges of Grantee are further conditioned upon the following: 1. DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its operations on the Subject Lands relative to growing crops, buildings, ditches, fences and livestock of Grantor or Grantor's surface lessees. If Grantee makes any fence cut on the Subject Lands, it will install and provide for secure closure of gates. All gates of any kind or nature shall be kept by Grantee in the condition in which they were found upon entry. If Grantee discovers an open gate then Grantee will close the gate and notify Grantor. All equipment or appurtenances to the pipeline or welts, which shall be on or above the surface of the ground, shall be installed in a manner to protect the livestock of Grantor or Grantor's surface lessee when necessary. Grantee shall not alter the natural flow of any creeks, streams, or irrigation ditches relative to the Subjects Lands. Grantee shall notify Ray Anderson with Puckett Land Company of any activity that may impact Grantor's use of the Subject Lands and adjoining acreage. 2. OPENING AND RESTORATION OF FENCES: Opening and restoration of Grantor's fences shall be made at Grantee's sole cost, risk and expense as follows: 2.1. Prior to cutting grantor's fences, at each fence opening Grantee shall tie the existing fence into a three -post, pipe "H" brace built pursuant to the following specifications: 2.1.1. Eight foot (8') by six inch (6") treated posts shall be set at least forty-two inches (42") in the ground and shall be braced to take the strain. 2.1.2. Center crosses shall be placed a minimum of thirty-six inches (36") above the ground. 2.2. Grantee shall install fence stays every four feet (4') in alt temporary gates installed in Grantor's fences. 2.3. Grantee shall install a fence around all mud pits. Said fence shall have pipe "H" braces with five wires. Grantee shall install posts every twelve feet. 2.4. Grantee shall be responsible for preventing Grantor's livestock from escaping from or enabling livestock of others from entering through any fence openings resulting from Grantee's construction activities. If a gate is left open, Grantee is responsible for the cost involved m gathering the cattle that escaped, including the actual costs for cowboy(s) needed to recover any escaped livestock plus reimbursement for any damages. If it is determined that the livestock can not be recovered within a cost effective amount of time, Grantee shall have the option of compensating the Grantor for the actual loss incurred due to the loss of livestock instead of continuing to attempt to recover the livestock. 2.5. Upon Grantee's completion of the construction, repair, maintenance, or alteration of the pipelines, Grantee shall promptly rebuild or repair any affected permanent fences equal to or better than the existing fence. Both Grantee and its contractors shall first consult and obtain Grantor's approval for location of fence work, materials and construction applications. Grantee shall use 13/4" staples, wood posts, Colorado Fuel and Iron (CF&I) heavy-duty steel posts and CF&I barbed wire to rebuild Grantor's fence and consult with Grantor for approval of the fence builders that will do the fence replacement. 2.6. Fences shall not be considered equal to the existing fence if the posts have been undercut or brush has been shoved into the fence. If Grantee has disturbed the ground, plowed mud, or added other material within three feet of a fence, it shall be Grantor's judgment as to what fence is not equal to or better than the existing fence. 2.7. If requested in writing by Grantor, Grantee will also install pipe cattle guards of sufficient size and substance to bear Grantee's traffic and to tum all livestock. Such cattle guards shall not be installed without prior approval of Grantor and shall be installed in such a manner as to prevent water draining into the cattle guards, placed at a height so they are visible to cattle from reasonable distance, and shall be cleaned and otherwise maintained by Grantee. Quality metal gates shall be a minimum of ten feet in width, shall contain either a metal gate or electric fence and shall be placed PUCKETT LAND COMPANY 2 of 6 5/24/2007 1 1111 Pur Awml:1 miteiti ilorim 11111 Reception#: 746240 04704!2000 03:10:14 PIS Jean Rlberfco 3 of 7 R.c Fea:$3S.00 Doc Fee:0,00 GARFIELO COUNTY CO across and adjacent to the cattle guards. 3. LIVESTOCK: limy of the Grantor's or Grantor's lessees' livestock are injured or killed by the direct or indirect actions of the Grantee or its employees, contractors, subcontractors or agents (such injury or death being verified by veterinary evidence), the Grantee shall pay the Grantor the veterinarian, medical or other costs to rehabilitate an injured animal, or reimburse Grantor or Grantor's lessee(s) the value of an animal killed or euthanased, according to the following schedule: 3.1. Cows: Replacement cost of a bred heifer or $1,000.00, whichever is greater; 3.2, Calves: Market value of 7001b. calf or $750.00, whichever is greater; 3.3. Bulls: $3,000.00 or the acquisition price for that animal, whichever is greater; 3.4. Dogs: Current market price or the acquisition price for that animal, whichever is greater. _ 3.5. Horses: Grantor shall maintain and provide to Grantee upon Grantee's written request, an Inventory of its horses as well as the horse's market value. Grantee agrees to reimburse Grantor the value of the horse based on the Inventory in the event the horse is killed by the direct or indirect actions of the Grantee. 3.6. Other domesticated Livestock: Then -current market price or the acquisition price for that animal, whichever is greater. 4. MAINTENANCE: All access roads, fences, and gates impacted by Grantee's use or operations which are subject to this Agreement shall be maintained by Grantee in as good condition as exists at the time of execution of this Agreement, ordinary wear and tear excepted. Grantor shall give Grantee written notice of degradation or damage to the Subject Lands caused by Grantee's operations. 5. WEED CONTROL: Grantee shall be responsible for controlling all noxious weeds, including without limitation, halo Eton, cocklebur, Canada thistle, knapweed species, leafy spurge, houndstounge, musk thistle and whitetop species on lands disturbed hereunder. Grantee shall also be responsible for preventing such noxious weeds from spreading to Grantor's lands adjacent to the easement. In the event such noxious weeds spread to Grantor's lands adjacent to the lands subject to the easement granted herein, Grantee shall be responsible for controlling the noxious weeds of those lands as well, provided that those portions of the Subject Lands affected by the construction of the right-of-waywere free of such noxious weeds prior to such time of construction. If the lands immediately adjacent to the right-of-way are not free of such noxious weeds prior to construction of the same, Grantee's responsibility shall be limited to reasonable control of such noxious weeds on the lands within the easement. If Grantee locates or Grantor notifies Grantee of location of noxious weeds on the right-of-way, Grantee shall implement control procedures before noxious weeds go to seed. Grantee's responsibility for weed control shall be ongoing and shall continue for three (3) years after the easement has ceased to be used by the Grantee for the purposes herein granted. Such control procedures as set forth above shall at the very minimum conform to those established by the Bureau of Land Management. 6. NON-EXCLUSIVE USE AND RESERVATIONS: This Agreement and all other rights hereby granted are not exclusive to Grantee and are limited to the specific grant herein. This Agreement does not, in any way whatsoever, convey any water rights or the right to use water. Grantor reserves unto itself and its successors and assigns all rights not specifically granted to Grantee herein. Grantor may grant additional rights-of-way or easements on, over, across, under and/or through the Right -of -Way to any third party for any reason, in Grantor's sole and absolute discretion, so long as such grant does not interfere with Grantee's access rights as described in this Agreement. 7. AGRICULTURAL LIABILITY: Grantee shall take reasonable precautions to avoid damage to agricultural operations on or adjacent to the easement. Grantee shall have and assumes liability for all cattle, crops, or chattel lost as a result of Grantee's operations on the Subject Lands. 8. LOCAL SPECIES/HABITAT LIABILITY: Grantee shall have and assumes liability for all endangered species, protected species, wildlife habitat and bio -diversity damaged or destroyed as a result of Grantee's operations on the Subject Lands, 9. CULTURAL AND PALEONTOLOGICAL RESOURCES: Grantee is to engage the services of a cultural resource specialist to conduct a cultural resource inventory of the area PUCKETT' LAND COMPANY 3 of 6 5124t2007 1111 11111V.411 1141'1%1'WNW:111,1.1110.i 11111 Reeepttonti: 746240 04!09(2009 03,10:14 PM Jean Alberico 4 of 7 Reo Fee:$36.00 Dec Fee:O. DO GARFIELD COUNTY CO of proposed surface disturbance following the guidelines of the Bureau of Land Management. Any and all resources inventoried shall be delivered to the Grantor. 10. LIABILITY OF THE PARTIES: Grantee covenants and agrees to fully defend, protect, indemnify and hold harmless Grantor, its officers, directors, employees and agents, from and against each and every claim, demand or cause of action and liability, cost and/or expense (including but not limited to reasonable attorney's fees and costs incurred in defense of Grantor, its officers, directors, employees and/or agents), for damage or loss in connection therewith, which may be made or asserted by Grantee, Grantee's officers, directors, partners, members, employees and/or agents, or which may be asserted by any third party (including but not limited to Grantor's officers, directors, employees and/or agents), on account of personal injury or death or property damage caused by Grantee's use of the Subject Lands or the rights granted hereunder, except to the extent such damage or injury results from the actions of Grantor, its contractors, agents or assigns. Where personal injury, death, or loss of or damage to property is the result of the joint actions of Grantor or Grantee, Grantee's duty of indemnification shall be in proportion to its allocable share of such action. It is expressly agreed that the indemnity obligation specifically includes, but is not limited to, claims arising under the provisions herein entitled Agricultural Liability above, and all federal laws and regulations including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. &9601 et. seq. and amendments, Resources Conservation and Recovery Act, 42 U.S.C.A. &6901 et. seq. and amendments, Safe Water Drinking Act, 42 U.S.C.A. 300f et. seq. and amendments, Toxic Substances Control Act, 15 U.S.C.A. &2601 et. seq. and amendments, Clean Water Act, 33 U.S.C.A. &1251 et. seq. and its amendments, Clean Air Act, 42 U.S.C.A. & 7401 and amendments, Natural Gas Pipeline Act, 49 U.S.C.A. 1671 et. seq. and amendments, Hazardous Liquid Pipeline Safety Act, 49 U.S.C.A. 2001 et. seq. and amendments, and all state and local environment laws, rules, and regulations. Neither party shall be liable to the other for any damages due to fire, earthquake, flood, windstorm and other like casualty or other causes beyond its reasonable control, nor for damages caused by public improvements or condemnation proceedings. Notwithstanding the foregoing, neither party shall be required to settle a labor dispute against its will. 11. LAWS, RULES, AND REGULATIONS: Grantee shall at its sole expense comply with all federal laws and regulations as well as those of the State of Colorado and any other governmental authority having jurisdiction over Grantee's activities on the Subject Lands. Grantee shall deliver to Grantor copies of all permits, and cultural, botanical, and wildlife reports covering Grantor's land and adjoining Bureau of Land Management land. 12. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, transfer, purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Grantee or its contractors, sub -contractors, agents, while on the Subject Lands or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and other weapons upon the Subject Lands or adjacent lands is absolutely prohibited. 13. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or adjacent lands and no such rights are granted by this Agreement. 14. WATER RIGHTS NOT CONVEYED: This Agreement does not, in any way whatsoever, convey to Grantee any water rights or the right to use water found on, under or appurtenant to the Subject Lands. 15. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for damages to water wells, water tables, natural springs, running watercourses, and water tanks within 330' of the center line of the right-of-way insofar as damage can reasonably be determined to be the result of Grantee's operations. 16. ACCESS TO PIPELINE: Grantee agrees to install a tap on said pipeline in TBD (legal description). Grantee agrees to accept Grantor's gas at the tap on a best efforts basis. PUCKETT LAND COMPANY 4 of 6 5/24/2007 i 1 !Inti itrimmoinsimicIapikimich 11111 Receptionk: 746240 04/09(2005 03:10:14 PM Jean RIberioe 5 of 7 R. Fer:36.00 Ooo Fee:0.00 GRRFIELD COUNTY CO Grantor's gas must be of pipeline quality. Grantee and Grantor shall negotiate a gas gathering and processing agreement at rates not to exceed the rate charged by Grantee for other third party services in the area for like quality gas. 17. NOTICE: Any notice or written demand to be given to Grantor or Grantee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended. Notice shall be deemed given upon receipt. Puckett Land Company Attn: Ray Anderson 5460 S. Quebec St., Suite 250 Greenwood Village, CO 80111 Phone: 303-773-1094 Fax: 303-773-1157 Marathon Oil Company Attn: Piceance Asset Manager 5555 San Felipe Houston, TX 77056 Phone: 713-296-3020 Fax: 713-235-6311 18. TERM: This Agreement shall remain in effect for a primary term ending December 31, 2009, and for so long thereafter as Grantee is using the Easement for the purposes described above. If, after this primary term, operations for the transportation of natural gas cease for a period of more than twenty-four (24) consecutive months, then such operations shall be deemed not to be conducted and this Agreement shall terminate, except when non- use is caused by acts or circumstances beyond the control of Grantee. Following termination of this Agreement, it shall be Grantee's obligation to restore and reclaim all Iand affected by Grantee's activities to the extent required by applicable law or regulation established by the Bureau of Land Management or to its equivalent prior condition (ordinary wear and tear expected), whichever is greater, including, but not limited to, the removal of surface facilities. 19. GOVERNING LAW: This Agreement and all matters pertaining hereto, including, but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the laws of the State of Colorado. 20. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and Grantee and any prior oral representations or understanding concerning this Agreement or its subject matter shall be of no force and effect. This Agreement is subject to alt currently existing contracts, leases, liens, easements and encumbrances or claims of title, which may affect the Subject Lands, and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. The terms and provisions of this Agreement shall extend to and be binding upon the parties, their respective heirs, successors, legal representatives and third party assigns, should Grantor consent to such third party assignments. Notwithstanding anything in this Agreement to the contrary, upon written notice, Grantee shall have the right, in its sole discretion, to assign this Agreement to any of its affiliates or subsidiaries. Additionally, Grantee may assign, on a non-exclusive basis, to Enterprise Gas Processing, LLC or another gas gatherer, transporter or purchaser, the rights granted herein to the extent of one pipeline authorized hereunder. All other assignments hereof shall require Grantor's prior consent, which consent will not be unreasonably withheld. 21. MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY: Grantee shall cause to be filled of record a fully executed and acknowledged original Memorandum of Easement and Right -of -Way, in a form reasonably acceptable to Grantor and Grantee, and shall promptly provide to Grantor a recorded copy thereof. Such Memorandum shall be recorded in the appropriate real property records of the county in which the Subject Lands are located. IN WITNESS WHEREOF, the parties have executed this Easement and Right -of -Way Agreement the day and year indicated below but effective on the date first set forth above. PUCKETT LAND COMPANY 5 of 6 5/24/2007 GRANTOR: PUCKETT LAND COMPANY ryekidiAri. .;t / : Matthew A.,4 GRANTEE: 1111r.111,111111AlihiNpailfr 11 11 1 Rucoptian6 746240 0410S/2606 03:10:14 PM Jean Plberlon 6 of 7 Rso Fee:$36.00 Doo Fee:0.00 GARFIELD COUNTY CO 1--17-Oar urtzbacher, President Date: MARATHON OIL COMPANY jhe,41/144:f A2V144}., � 7 By: Date: (GAMITONEDFORID totiV ACKNOWLEDGEMENTS STATE OF ��bc.�i,• ) )ss COUNTY OF A Ai6 . Before me, on this 7 2e1 day of , 2001 the foregoing instrument was executed by Matthew A. Wurtzbacher known to me to be the duly authorized President of Puckett Land Company, 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 set forth. Witness my hand and official seal. My Commission Expires: q/�f/Oy STATE OF('tq- 5 ) )ss COUNTY OF P ►o2n"TS ) RAYMOND S. ANDERSON 'NOTARY PLOW • CC R DO wy Comirdasici. EcArie 004/aoao Before me, on this 174.4%, day of�a+> , 20�; the foregoing by s instrument was executed n i PN- s 4- known`fo me to be the duly authorized %ffivrr.y-iwt- Mar...440-, , Grantee, and acknowledged said execution to be the signer's free and voluntary act and deet on behalf of said Grantee, for the uses and purposes therein set forth. Witness my hand and official seal. T J.ro�c2W 1�, .4 lw.�rr1 Notary Public My Commission Expires: _50.r•N,In`cc.s ,^i apt ID PUCKETT LAND COMPANY 5/24/2007 un Ibfos DEBORAH D. KUHLMAN g Notary Public, Stale Of Texas My Commission E,pires Januofy 17, 2810 6of6 i uR111nloint1PCHOMMVNI1IIII T 04/09/2008 03:/0:14 R1/ Jean RIberico 7 of 7 Roc Fee:$36.00 Doo Fee:0.00 GARFIELD COUNTY CO WILLIAM N. 3mrTH & ASSOCIATES P.C. SURVEYING CONSULTANTS P.O. sox 820 T 6 S R 97 W GREEN RIVER, WYOMING 82535 PLAT FOR PROPOSED SECTION 23 PLAN OF DEVELOPMENT MAP JOB NO. 26099 09/1.2/07/CED SEC 23 PLAT.dwg H REC. N 89V ' W 79.84 CH. LAS. N 8879'19" W 2636.2 NAAA rOUPDC PAD 697-23X 550 EAST 2ND NORTH PH. 307-875-3638 FAX. 307-875-3640 VILUAN5 PAD LINE 11 UNE 13 b UNE 146 14 WW TIE N Of 40'44' E 129.6 LINE f6 UNE 15 TIE S 01 1924. WAS H = . \ 6'09" W 2633.4 REC N 89'45' W 39.93 CH. • FOUND 010 SURVEY HARKER O MONUMENT NOT FOUND OR SEARCHED EXISTING ROAD PROPOSED GAS UNE PROPOSED WATER LINE EJ9STWNG PIPELINE PROPOSED MAIN CORRIDOR TPROPOSED PIPEUNE "r" S x.7732' W 2639.9 REC. N 8945' W 3993 CH. UNE TABLE FOR MAIN CORRIDOR UNE BEARING DIST. LINE I N 8413.08" E 264.2 LINE 2 N 24'57'52'1 E 719.8 LINE 3 N 3772'49" E 286.9 UNE 4 N 45'44550- E 276.6 LINE 5 N 4026'53" E 606.0 UNE 6 N 33'53;27" E 446.0 LINE 7 N 3540'56" E 319.1 LINE' 8 N 56'18'01" E 450.1 LINE 9 N 47'44'09" E 360.3 LINE 10 S 85.28.31" E 347.1 LINE 11 N 78'19'56" E 162.5 LINE 12 S 81701" E 674.6 LINE 13 N 8979'45" E 706.5 UNE 14 N 78'2816" E 712.5 LINE 15 N 4615'42'. E 424.3 LINE 16 N 63'02'46" E 79.9 PREPARED FOR: MARATHON OIL COMPANY P.O. Box 3128 Houston, 7X 7725.3 5555 Son Felipe Houston, TX 77056 ■ill n r'LrW Il Li!.1%I ,ii 'i leg 11111 Recept1on8: 751859 07!08!2098 01:56:67 PM Jean Alberioo 1 of 6 Roo Fae:$0.00 Dao Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 16th day of June A.D. 2008, there were present: John Martin Larry McCown Trrsi Houpt (Absent) Carolyn Dahlgren Jean Alberico Ed Green Commissioner Chairman Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-83 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT REQUEST FOR 1 "TEMPORARY EMPLOYEE HOUSING" FACILITY OPERATED BY PETROLEUM DEVELOPMENT COMPANY LOCATED APPROXIMATELY 10 MILO NORTH OF THE TOWN OF PARACHUTE AND WITHIN A PROPERTY OWNED BY PUCKETT LAND COMPANY, GARFIELD COUNTY PARCEL NO 2411-013-00-001 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for 1 "Temporary Employee Housing" facility located approximately 10 miles north of the Town of Parachute and within a property owned by Puckett Land Company, Garfield County; and WHEREAS, the Temporary Employee Housing facilities are to be located at 1 location within the approximately 5,000 -acre property owned by Puckett Land Company located on a private road beyond Garden Gulch Road east of CR 215 and north of Parachute, CO; and WHERERAS, the subject property is located in the Plateau sub -zone of the Resource Lands zone district where such use is permitted as a Special Use; and WHEREAS, the Board of County Commissioners opened a public hearing on the 16th day of June, 2008 upon the question of whether the above-described SUP should be granted or denied, 1 (O 1111nhiri icivi!iIili4 'wv,: ' AI 'si 11III Recept1en#: 751859 07108/2006 01:55:57 PM Jean R1berico 2 of 6 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 16th day of June, 2008 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03 and 5.02.21) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for 1 "Temporary Employee Housing" facility located north of the Town of Parachute and within a property owned by Puckett Land Company, Garfield County, is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 4. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this 2 1111F1iritiOL I17!IL' .f731&1I1V,10, 14 11 11 Reeeptionii: 751859 07!0912@@6 01:55:57 Pi Joan Alb*rloo 3 of 6 Roc Fee:33,30 Doo Fee:0.00 GRRFIELO COUNTY CO provision. 5. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facility may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facility may begin. 6. All Special Use Permits for Temporary Employee Housing are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. 7. Water and wastewater systems proposed to service Temporary Employee Housing must comply with all applicable state and local laws and regulations. 8. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For facility serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 9. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 10. The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year; however, no single Temporary Employee Housing facility allowed under this Special Use Permit shall be onsite for more than a cumulative of one year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. 11. Inhabitants of the temporary housing shall be applicant's employees, contractor's and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. 12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. 3 I 111 1111 ItrAINII 4411 4 i11, 11 'i 4 MIN •1 II! Reception0: 751859 07/08/2008 01:55:67 PM Jean Albertoo 4 of 6 Reo Fee:60.00 Doc Fee:0.00 GARFIELD COUNTY Co 13. Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. 14. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. 15. The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriff s Office and relevant Fire Protection District. 16. The applicant shall notify the County when site development begins for each facility. The applicant shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for Temporary Employee Housing, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section §9.01.06. 17. No animals shall be allowed at temporary employee housing sites. 18. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Housing is twenty-four (24) while using a vault and haul system, It may be increase to a maximum of 50 once the State approved ISDS has been installed. 19. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations with all pipes and connections water tight and lids kept securely in place at all times except during normal cleaning operations. 20. Wildlife -proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic yard) container shall be provided for each unit or the equivalent in a central trash 4 11111A firM1111, .h1,1 ll'r 'r '.10.111111111 Reception#: 751859 07!0812008 01:55:57 PM Jean Alberioo 5 Pr 6 Rao Fes:50.00 Doc Fee:0.00 GARFIELD COUNTY CO collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. 21. Each facility shall have a minimum total capacity of 42,800 gallons of potable water storage which shall be refilled a minimum of every three days. 22. Each facility shall have a minimum total capacity of 7,465 gallon septic tank with a 2,500 gallon holding tank which shall be emptied a minimum of every three days. 23. That this facility shall only be allowed to operate with a vault and haul system for sewage for no more than one year which also serves no more than a maximum of 24 employees. If a drinking water system and ISDS are approved by the Colorado Department of Public Health and Environment, the facility may operate up to a. capacity of 50 employees for up to 10 years. The Applicant is required to present the project to the Board of County Commissioners for annual approval each year. Dated this ' da o ATTEST: ,A.D.200t . GARFIELD COUNTY BOARD OF COMMI SI • RS, GARFIELD COUNTY, Cl .i of the Board Upon motion duly made and seconded the for following vote: COMMISSIONER CHAIR JOHN MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRIJSI HOUPT STATE OF COLORADO )ss County of Garfield Aye , Aye , Absent I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records oldie Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 5 111 I 'i 10A lw A1 ,141 1 , IVNd r: VE N I L 1 V ii' J 11111 Reception#: 751659 07!08/2098 01:65:57 PM Jean Rlberiao 8 of 6 Ree Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 1111 iiiii LfmnrYitihOViIMI.61.1v 1111 R•c.ptianfl: 757365 101171200a 01:27:48 PM Jean Rlberioa 1 al 14 Rec F••:571.00 ox Fee:0.e0 GARFIELD COUNTY CO MEMORANDUM OF AMENDMENT TO EASEMENT AND RIGHT-OF-WAY AGREEMENT This MEMORANDUM OF AMENDMENT TO EASEMENT AID RIGHT-OF-WAY AGREEMENT (the "Memorandum") is made and executed as of the J day of October, 2008 to evidence that: The AMENDMENT TO EASEMENT AND RIGHT-OF-WAY AGREEMENT (the "Agreement") datedlfOctober, 2008 was entered into by and between Puckett Land Company (the "Grantor") and Bargath Inc., do Williams Production RMT Company (the "Grantee"), which, among other provisions, provides as follows: An Easement and Right -of -Way Agreement (the "Agreement") dated 1" June, 2007 was entered into by and between Puckett Land Company (the "Surface Owner") and Bargath Inc., do Williams Production RMT Company (the "Opertor"), which the Memorandum of said Easement was recorded at Reception # 726193 on .Tune 25's, 2007 at Book 1941, Page 148 of Records of Garfield County Clerk and Recorder. The Grantor and Grantee also agree to the following terms and conditions in the Amended Agreement: • Operations are resumed immediately upon execution of this document for the construction of a pipeline of extreme terrain crossing. • Grantor and Grantee agreed on a surface damage consideration paid by Grantee to Grantor. • Grantor agreed to Grantee's reclamation plan. • Grantor and Grantee both agree that all previous terns and provisions remain in full force and effect, (See attached Exhibit "A") • Grantor agrees to the additional space required by Grantee for the completion of the pipeline. (See attached Exhibit "B") This Memorandum shall be construed as a covenant running with the Lands and shelf be binding on any and all personal representatives, successors, and assigns of Grantor and Grantee. This Memorandum is being executed by Grantor and Grantee for the primary purpose of recording and thus advising all interested parties of the existence and validity of such AMENDMENT TO THE EASEMENT AND RIGHT-OF-WAY AGREEMENT, the exact terms and conditions of which are more fully stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. Parachute Land! PlpelnesJCrawford Trait/ Purkett/DRB/SH/RMIAC 09.18-2008 ■sy.eokri7tRIXN!NMIMILILYL 11111 1071772@OO 01:27;49 PM ,Than Atbertca 2 of 14 Ree Fee:S71.00 Ooo Fea:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first above written. PUCKETT LAND COMPANY By: Na : Matthew A. Tit! : President STATE OF COLORADO COUNTY OP bather BARGATH INC., C/O WILLIAMS PRODUCTION RMT CO By: Na . oseph?. Barrett e: Assistant Secretary Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that Matthew A. Wurtzbacher, whose name is subscribed to the foregoing instrument as President of Puckett Land Company a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth.. Given under my hand and Notarial Seal this,3 day of ()crc. tow( , 2008. My Commission Expires: (SEAL) Not STATE OF COLORADO ) ) COUNTY OF DEN VEIL ) Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that Joseph P. Barrett, whose name is subscribed to the foregoing instalment as Assistant Secretary of Barnett) Inc, clo Wfliamt Production RMT Company. a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this ID day of My Commission Expires: 5711 20// (SEAL) 2008. ,, J Z Notary Pub Parachute land/ PlpelineslCrawford Troll/ PuckettDRBISHIRWAC 09-10.2005 I cill1ilfr.1G+ IVILOh 11400 NU tklid 111 111 Receipt i onit : 7573851011 12008 01:27'48 Pit Jean Alberioe 3 of 14 Reo Feo:$71.00 Doe Foe:0.00. GARFIELD COUNTY CO %vitt. I tR ry tf 0� [f� i 1�1191Pr1 'It'Ntiliti C7r11IiS Y1 1N1Y 110 Racpa�1ofUcrir: 72at43 1 V 1 DF:a7sia P4 D 7Y41 P: G1C Ja 0.00 Ypco 1 12 17 Ree aU7i2aa 66 DPe Fol P.GG 48 .3 MEMORANDUM OF EASEMENT MID RIGHT-OF-WAY AGREEMENT This MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT (the "Memorandum") is made and executed as of the / day of•May, 2007 to evidence that: J- � The Easement And Right -of -Way Agreement (the "Agreement") dated 4 -May, 2007 was entered into by and between Puckett Land Company (the "Surface Owners") and Bargath . lue, c/o Williams Production RMT Company (the "Operator'"), which, among other provisions, provides as follows: The Surface Owner also agreed to the following terms and conditions in the Agreement: • Surface Owner agreed Operator may construct, lay, maintain, modify, operate, alter, replace, remove the New Pipeline depicted on Exhibit "A", attached hereto and made a part hereof. This Memorandum shall be construed as a covenant running with the Lands and shall be binding on any and all personal representatives, successors, and assigns of Surface Owner and Operator, This Memorandum is being executed by Surface Owner and Operator for the primary purpose of recording and thus advising all Interested perdue of the existence and validity of such Easement And Right -of -Way Agreement, the exact terms and conditions of which are more frilly stated in the unrecorded instrument on file with the respective parties and, that this Memorandum shall constitute notice to all parties of the existence of this Agreement as though it was described in total detail herein. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first above written. Owner Byt e: Je . Puckett Title: President Bargatb Inc. By: �' N e: Jo P. Barrett �„ 1 ltlel Assistant Secretary GL's ACKNOWLEDGEMENTS STATE OF COLORADO ) COUNTY OF�� ' ) Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that ,Jeffrey V. Puckett. whose name is subscribed to the foregoing instrument as ?resident of Puckett Lau Comma, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 1 day of Matey, 2007. My Commission Expires:- - - _ _ -_ (SEAL) 46 RAYMOND S. ANZ18MSON loom PUBLIC- • cowman ,MrCasyrdsgati BOW MONO Page 1 of 2 • 1111r41RtGtt.YalitiNi4itk91WwV 0110,0111411111 Reception*: 757385 10I1712008 81:27:48 P14 Jean RIberico 4 of 14 Rec Fee471.00 DDC Fer,0.00 GARFIELD COUNTY CO 11 1 1+3111 1inf 1.141.ih1,1li 114,111ii 1111 Rearption8: 7281a3 Y 4re0ShriB.2 salrei1 hrella�iriP POO STATE OF COLORADO ) COUNTY OF DENVER ) Before me, s Notary Public, in and for said County and State aforesaid, does hereby certify that Aleph P. Barrett, whose name is subscribed to the foregoing instrument as gaatgtaut Secretary of pima* lug c/a Wil]iama Production RMT Company, a corporation, appeared before me this day In person and acknowledged that he executed said instrument as his free and voluntary act and deed of said corporation for the uaas and purposes therein set forth. Given under my hand and Notarial Seal this day of NW, 2007. My Commission Expires; T.2// 2D/! Ott4 (SEAL) Notary Pabiric Page 2 of 2 1111111.11M PI reirilK7 INV« I �t�ikl h 11111 Reo.pt�en#: 757363 1011712006 ©1:27:49 PA Jeer, 5 of 14 Rec Fee:f71.00 Doc Fae:0.00 0.00 GAAFIEL4 COUNTY CO 11ee11 aa���l'ppIFalIMlwllppryry t�4MTd��1 I MEWI 111/1111 BOIZ6ft1 B�•a �6.Be Ooc3 el 14 Rw u. 41: r1B FainLR}4!iG 4 r.wn�zli it L02 Attached to and made a part of that certain Memomndum of Grant of Easement datedy `I 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SCALE 600' 0 SECTION 19, TOWNSHIP 6 SOVTU RANGE 96 W sT &the 6th P.M., GARFlELD COUNTY, COLORADO 13 IB p13,gl l / / NMMW 1I & L \ ` 11 k' \\ 1 f maw EDT 1 UNE T R DIRECTS/0 111IfiANDE L40 S e7'0014' E 12569' II;Aase'3¢"S9'E e3' L4 S 46E*f0.07' £ 1.37 LAS N 60'14'09' E 41,32' L46 N e1'10•00' E t3e0.40' L47 N 70.4445' E 136107' LAB N 571E'41' E IEE4.07' L49 I.SB L51 L'!2 L51 N 60.01'39' E N 07'1617' E 429.e1' N 0017'43' E I09126' N B1'06'13' E 174.76' N 81'E1712' E 118a27' 1 24 19 25730 .1" 7000' 1000' A LSGEND SL WWYDAIONUMENT p FOUND MOPIUMENTPROPERTY —11—SLL'UTTONCOPGAER OTNEacor{NER FOUND IMQNUMEHT # CALCULATED OR 114 OR 1110 CORNER PROJECTED COMER LOT 2 LOT a LOT 4 RIFFIN & ASSOCIATES, INC. f414EL2 3TAF0T, ROON0PRl40e, twangs iliONS/800416/462e D.R.D. X43,-14400 REvustr.*4+47127T., Iwoca14a Hr1A1E 47RAri 1 sr 010r DATE 04113+07 APPROVED BY: 1 DATE M. CMMM BY: +1TP. IDLE: 1•..1000' BARGATfINC CRAWFORD TRAIL GAIHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY "x"'10 14466-ROW04 f MIIII ming rMU•1 MAN NNW FA Li, 1111 Recept L Or1p : 757355 10I11200S Bi:27:48 PP Joan Plberlco 6 of 14 Rao Fes:671.N Doc FN:0.00 GARFIELD COUNTY CO ■11Il .I �MMfll V"IRIAN rill f� B to 1 1 pr B1 T • p 6.7'00 i°er it�It:. goo i•i9.B6 r81n' � .Ji1Y c, J4ff "A" 2 of 9 Attached to and made a part of thatiris Memorandum of Grant of Easement datedL 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company 1 SCALE 600' 0 SECTION 29,TOWNSHIP 6SOU,k4NGJP6WM. of the 6thP.tFG, GARMID COW" COLORADO LOT2 LIN c77 ri':�iSz;YT I1 MASI LLi]Elk/SW ILY.FLI IKIIIIIILIA=111411 Lanni 111A LM502EIMLUIMI L.\\\_\\\\\NK\\\\\\\\� for .1 • tors Lor f0 7 rI LOT 4 tore tot u 23 IOW 1 arstrss,tle mow. V f cora r rev • • Lor T • • MIA n f 1� Alum. 11 CaP LOT 12 LOT - POO' C� I000' 7oiei*RYYWW0 0 t 1t 2S Webs C nfaf0ls. ra841 f001as 1.908 Acres, LEGEND 4 SECT O • ram, MONUMENT OROROTHEMCORN�IPROP6R7Y FOUND MONUMENT • CALCULATED OR 114 OR 1Ma CORNER PROJECTED CORNER NOM: 1.1 DRAW REFERENCED TO MAb2T DATUM -SACS CDC. ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.} APPARENT LANDOW /ER WFQRMATION SHOWN HEREON EASED UPON OFMFIELD DOUNTYA89E88DR OFFICE PARCEL NAP #3137 AND 1FTI84NE T RECORDS AS OF VETE . MAP IN JBO AND INTERNET RECORDS AA OF 1,1147 & 116PP#2171 AND ECTERNETRECORDS AS OF f2YOTA00, Maas 32 33 LO SIS2 T °I SmRI F: OHM i.FORBESSDI7EBIiliAPEYOCC RATION REI0B1ERED LAND SURVEYOR l 4OYEDFY FUIAMSPRODUCTIOHRHT DOWNY POAWE APR MAYSURVEYCV ME GQYTERLM4sEPA rN"BJIAERX/HT.OFAVAYASDESCRIEEDAND &AMNON 1.:;: Y ONSIBIINEOF2PAGE** TbarJ7 E WM'JADE L UNDER MB S0'1907Ek7N FEERVARYTT,2007.AIW17M7 Y REMESENTED VPON 7FQ8 MAP. RIFF1N S ASSOCIATES, 1NO. 4gr4f4iEtIC S'ne®I; ROOKaPRmo,. Wrenn Pr1DNEpO7) ADAM 11 DATA JOat-14455 WNW MET COMPANY CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKEi•T LAND COMPANY SRAM BY: KPoI rOA7E M4flEW APPROVESBY: j QAT CHOKED Wit bAte 84ALL i'-1907 MOM 19496-ROW0 VIII 1 WtA114 Ctti 1.140W1Mhiiiiih, 11I11 Reespt ion111 757385 70!17!2008 01:27:40 PM Joan Albania° 7 of 74 Rec Foo:$71.00 Doc Foo:0.00 GARFIELD COUNTY CO ■ISI'LI MINAC,1411111r 111100.111ii 11111 R�a��;A/41a1ay 7��62t09bti p 4549 F. 0152 J. R r Se S ei 1 Ra::rf80.00 Dm Foo:0.00 NF1 P c OOriXHIBFT "A" 3 of 9 SCAM 500 ggd Attached to and made a part of that cert Memorandum of Grant of Easement dated 'PLL, 2007, by and between Puckett Land Company and Bargath Inc. do Williams Production ZtMT Company SECTl0N23, roFFIVSHf7 ff SOMA !MANGE 97 WEST of the 6t11 R.My GARFIELD COUNTY, COLORADO arm 14 Op 174 04111 POD W24017332 100 X23133.79 E-1231439.39 slmro�svnr 1' a i000' • NW R -0-W14101: 50 Paw, 1000' JO' LMC 15' RghteCiuKaava. (7897.68 ,104 1014.11 Rods. 20154.4 LINE TANL$ 5 DIRECTION AISTN M Ll 5 3244'32' E 117.a9' Lit 1013'14' E 478.12' L3 5 091114' E 414TLE L6 L7 S 13114'090 E 479,68' s 2S'iC3M 6 437,E9, 5 01.0014' E 165,17' 5 mane. E L6 S 46.06'51' E L9 3 28.15'09' E Ana. 1076.37' lP.i:.31' 213. me 27 26 ruausTT LOCO C0,51254.Pcr 511 SOYS Brew Gran Mme' Cap 114 LEGUNO MONLIME74T * POUND MONUMENT PROPERTY SEOTIONCORNEJ? MOTHER CORNER FOUND MONUMENT • CALCULATED OR B 114 OR 1If9 COMNER PROJECTED CORNER 1NQIZlsr 1.) DRAWING RIME NCEO TO NIAD2I OAT47M.BPCS CDC. AU. DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPARENT IANOOIWNER WNFORNATIOH SHOWN HEREON BASED UPON GARFIELD COUNTYASSESOOR OFFICE PARCEL MAP 12137 ANTI INTERNET RECORDS AI) OF 4101'100. MAP 02171 AHD 1144 NET RECORDS AASS16/TERNET RECORDS ASOF 112101406. 111FRIFF!N & ASSOCIATES, INC, 54545XXl7RL'Er,, ROONSPR7Ne8•Wr51101 mow Aeon Ed2-52211 D.R.C. JOGI--14496 ROAMED: WI1TN7 DRAWN all IMIN O1fECI1ED DY: 1 DATE *PIM Y. W04 23 26 25 .5T4TEh1EN1'OF StalVEYORO SRIANL FORBES S7A778ME 8BYOCCUPATION AREQWBTERED LAND SURVEYOR E'W(0)W 40Y 4j TOMAMA PREZJMMIAR)'SURVEYOFThECHP►ER1EYE APIP!YAVE /1/01/PO -WArAS SAND SHOWN ON Ms OMP, CONSISTING AF7GAGES. 7744T771EARMY OFSAID WORK AMDAiA7A014f7Y, 11, 2007: 7744r5LICH RAM'S UPON 7159 MAP. ABGAT$fDYC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY OR1AW0 'Awn 14486-ROW04 1111 ' P 'lttriton RCA 4rnilei Recsplion5: 757385 10117p4 Ro 01:27:48 P11 Doe RIbarlco 8 of 14 Rao Fee:f71.00 Doc Fee:O.DO GARF1ELD COUNTY CO aUir"KW INLI peolonN' 729193 �y1 !�py7 0t r0T M PR 1041 7:$169 leen nictitae 6 or 11 RW Fae:961,05 8oe Fw: r�L9 �t�n�r ea ...—u:B1T"A"4of9 Attached to and made a part of that ce Memorandum of Grant of Easement dated 2007, by and between Puckett Land Company and Bargath Inc. Q'O Williams Production RMT Company 1 SBCI70NPOTM uwq "017D4 KINGS' .97 WEST of the 6th PJL, G B ffiD Li0[41 IZ, COLORADO � 1s 'rriot//// i/ 1)," 2/3"//i/iati//?/f 4. 8 r BIKE =TWEE1 1.46• 4.112' • F z Beau 25 25 Arm 1000' 1000' 1 LSI, k sires 433 41 49.6915 E 1 13'N x25 11 tE g-�L69'' —SEW 1.4 a 4f 119711N 4443 L4 2 9710'24• ILew COMPANY I -24 NII'— 17. M 118'L'i:'g9 3269.62' 1143,40' P AI�1ViAifF117 OTHER RCO RNER PROPERTY FOUND MONUMENT • oaixau ATm oR 114 OR 1118 CORNER PROJECTED CORNER 1: 1:11FRIFFIN & ASSOCIATES INC. ooeurentor, moctcaPneistwrokor D R9 49151-14455 RIVI550. 041710Y CFNNORDCOMPANY NAME asoma Or: faw ''AVE wear, APPncY BY: 1 BATT CHEMED 6r: 'CMS: 1'. 1000' BMGATf'INN CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT T LAND COMPANY twat moot 14498-ROW04 1111 141f 111flr 4111.1 '.40iYlliki 1: Ink 11111 Reeeptio&k: 757365 50117120D9 01:27'48 PM Jun Alberico 8 of 14 R40 Foe:871.00 Doc Fee:0.00 GARFIELD COUNTY CO e11KMiw1ITi11MIXI119:6 11111 06 �rgl.�lf,�,2t��g1 g 1p 7 e ii thlv°Fee:466.98 OoalFe 'er204ailifo COi r " a C0E}CHLBIT A 5 of 9 Attached to and made a part of that Memorandum of Grant of Easement dated"j, 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company Q SECTION 25, W)$ YS'HiP 6 SOUTH, , MANGE 97 WEST of Um 6R11:111., GARF ILD COUNT; COLORADO 13rark 1641'4V 41.15,411' N 8@'22'E9'. V 5289.82' x�e+F sr w SCALE 1'• a 1000' 600' 0 1000' FOLW0M0M.M4ENT • FOUND MONUMENT PROPERTY SETh kCORNER OROTHER CORNER FOUND MONUMENT f CALcuLAT6b OR 1r4 OR 1I1SORNER PROJECTED CORNER LE1 DIRECTION S 571E'I6' E, LPP,N 69'42'35 E LE3 LEI 125 LE6 L21 LEO LL39 L31 LSE 1.33 N 57'17'27' E N 24.52'!8' E N 35'89'31' E N54Z54$ E N 7510' E N 76191.4' e N 7t'E7'4S' E N $7.5379' E N 69'D9'2t1' E N 3911.38' E DISTANCE WA' 16E00' 16040' W5.79' 191.91' 464.43' 39936' -:156,84' 699.19' }78.41' 1WRIFFIN & ASSOCIATES, INC. f414rEL N ETRfBT, ROOK /PRONE WretFcr PXONE(8O7)EU410 DAR. J091-14466 REN99D: 44/1T101.6 DOMmix MAKE DRAYM ay: IOU! TAW, 941S'DT APPROVED 9Y. I LATE: BARGA.711.NCi CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY Ok9GRID 6Y: DATE SCAM 1•.1007 u1AYEh1 MASER 14466-ROWO4 F i 1 11111 kr1lra irA illi l+ C fid,11:ultPliiiirk Y4rh 11 11 1 Recepption#• 757365 1D/1712000 01:27:48 PH Jean Rlberioo 10 01 14 Rea Fae:f71.D0 Doc Fee:0.00 GARFIELD COUNTY Co �RI�lIrM1r1Q'trilrtri{11Z1'il- a 7'd1111ti 11111 . R.. ttionli: 726123 Be1R.FM2.0 irsl:B DR .tXHIRtTµA "bofy Attached to and made a part of that Memorandum of Grant of Basement dated"`1. 2007, by and between Puckett Land Company and Bargath Inc. do Williams Production RMT Company 11 I itd e SCALE 500• 0 SECTION 24 TOWNSHIP 6SOUTH,RANGE97WEST afthe 6th P.AL, GARELOD UOUA►TY, COLORADO J' 1 i I Cap N 89'1,6'15.1111 MLLE 23 N X86-. • w !Mk 26 Bras ATINE Cep 1k Lr Icn/tra"'vr 2! 23 111 1' - I000• 1000' 25 Lfforatu FoisomoAviovr • FOUND MONUME 1TPROPERTY norm CORNIFR CR OTHER CORNER g ROUND MONUMENT ' CALCULATE/3M 114 OR 1115 CORNER PROJECTED CORNER 35 Cap TA Eno N 66.1 .13' w 669641• ricRIFFIN & ASSOCIATES, TNG. 1141 i:women 1110011 ei°lall'a8,Perim MAME1101)a n.LO. J081-14.405 REvw&D: ounro7 C*4AHG N QQNPAHIf NAME Dmviatalt Nor cbm wit SIP CAPPrtoVFQi?: 1 QAT! CHECKED Dr DATC 1•.1000' &!LI'GdTh1Nf CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY Sims tom 144813-ROW04 M11 polo,,:: iili �� PIIIIIBITZMFAILEMIIMI 'Fi4Ytilia411tµk___� YEILNIk(..LIIIMInliEMIN IEElluMWINETSPANI Ali F 3t�tu.K3i Ali Sa0`8.0•E F'rI7/1NIMiEll r1.11•1111111 Mirt-LZIEME 1' - I000• 1000' 25 Lfforatu FoisomoAviovr • FOUND MONUME 1TPROPERTY norm CORNIFR CR OTHER CORNER g ROUND MONUMENT ' CALCULATE/3M 114 OR 1115 CORNER PROJECTED CORNER 35 Cap TA Eno N 66.1 .13' w 669641• ricRIFFIN & ASSOCIATES, TNG. 1141 i:women 1110011 ei°lall'a8,Perim MAME1101)a n.LO. J081-14.405 REvw&D: ounro7 C*4AHG N QQNPAHIf NAME Dmviatalt Nor cbm wit SIP CAPPrtoVFQi?: 1 QAT! CHECKED Dr DATC 1•.1000' &!LI'GdTh1Nf CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY Sims tom 144813-ROW04 111E I cip'RQM MI 1IWA MEL 141119.110,1.744 11 111 Racept i ntt : 787388 70/17/2006 01.27.4A PM Jean Albin -kw 11 of 14 Reo Fee $71.00 Doo Fee:0.00 GARFIELD COUNTY CO 1111 11,13' t9tli1iiltMMal411M10.IW'r•1lkK140.lM1i R.st1Cfl*: 3 F 6a Not i1 no Foolwoo.B0 NAl iCCAA1tPIEiDR0011NiY�CO rsnrwif l' "A" 7 of 9 Attached to and made a part of that Memorandum of Grant of Easement dated -AIS 2007, by and between Puckett Land Company and Bargalh Inc. do Williams Production RMT Company I g It 11111 111 r ;.F $ E3 °' -a i 9 & A 56,00 FOOT WIDE PERMANENT EASEMENT FOR PIPELINE PURPOSES ACROSS SECTIONS 23, 28, 25 & 24, I 5 1.4 TOIARISHIP B SOUTH, RANGE 97 WESTAND SECTION 19, TOWNSHIP 5 SOUTH, RANGE 96 WEST, Of 818 SW P.M., t5 2 1SARFIELD COUNTY. COLORADO, SAID EASEMENT BEING 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED III CENTERLINE: 1 g ! [SECTION 23. T. 5 S., R. 97 W. (8,092.87 FEET TOTAL) J.c 2 E , COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 23. THENCESOUTH 01'3T51' WEST, 883.61 .2,1 FEET TO THE POINT OF BEGINNING ANO A POINT ON THE WEST UNE OF SAID SECTION 23; e F THENCE SOUTH 32"44'3T 1137.117.89 FEET: 8 THENCE SOUTH 1293'14" EAST, 478,12 FEET; THENCE SOUTH 03'01'24' EAST. 222:10 FEET: THENCE SOUTH 13'04'00" EAST, 479.68 FEET; THENCE SOUTH 259228" EAST. 437.29 FEET: THENCE SOUTH 21'20'64' LAST. 565.17 FEET; THENCE SOUTH 38'3320" EAST, 193.22 FEET: THENCE SOUTH 48'56'51" EAST, 3876.39 FEET: THENCE SOUTH 289209' EAST,122.81 FEET TO A POINT ON 7118 SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 23. SECTIONS 23, 26, 25& 147 TOWN SOUTI4 RANGE 97 WEST AND SECTION l9, TOHNSFIIP 6 SOMA RANGES? WESTorthe 6th P.M., GARFIELD COIRV1Z COLORADO E SEAv`DESCIIIITION pECTWN 26. LI S., R. 87 W. (2,02090 FEET TOTAL) THENCE CONTINUING INTO SECTION 28 THENCE SOUTH 28'13'09' EAST, 1.70 FEET THENCE SOUTH 17'47'14" EAST.263.53 FEET; THENCE SOUTH 8990'41' EAST, 105.33 FEEL: THENCE SOUTH 57'00'98' EAST, 184,78 FEET: THENCE SOUTH 51'38'50' EAST. 245A2 FEET; THENCE SOUTH 67'18'09" EAST. 199.38 FEET; THENCE SOUTH 80'4201' EAST, 397.87 FEET; THENCE SOUTH 71 `19'45" EAST. 88.88 FEET; THENCE SOUTH 48'0615' EAST. 88.78 FEET; THENCE SOUTH 48'0212" EAST. 428.16 FEET; THENCE SOUTH 5182'18" EAST, 2f A2 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 28. SECTION 25. T. 8 5., R. 87 W. (4 62280 FEET TOTAL) THENCE CONTINUING INTO SECTION 26; THENCE SOUTH 87'&18" EAST. 887.80 FEET; THENCE NORTH 894238" EAST, 180.00 FEET: THENCE NORTH 8797'27" EAST, 180.00 FEET; THENCE NORTH 24.5718" EAST, 402.42 FEET; THENCE NORTH 35'5921" EAST. 135.79 FEET; THENCE NORTH 5E053'50" EAST,191.91 FEET; THENCE NORTH 85'26'48' EAST. 424.49 FEET; THENCE NORTH 759229" EAST, 399.05 FEET: THENCE NORTH 78.30'19" EAST, 358.64 FEET; THENCE NORTH 72'07'43' EAST, 899.16 FEET; THENCE NORTH 97'55'10" EAST, 755.26 FEET; THENCE NORTH 83'0225" EAST, 50.01 FEET; THENCE NORTH 39'21.38" EAST. 170.41 FEET TO A POINT ON THE NORTH UNE OF SAID SECTION 25. DESCRIPTION CONTINUES ON SHEET 7 OF 7 641R4E air arfrEffr, RoaraPRWOO., IESOm INC. MON IMMO 0.8.0..108#-14488 REVISED' WWI/ CWWCIEDCOMP NAIVE ORA 4 DV: 11141 441 DATE 13 1 APPROVED BV/ AATE CHECKED NY* DATE_4cuE r. Mar BARG,AININC CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY camaa t 94466-ROW04 i 1 1 11111 RIC/111114'. 1114'. RL&WiiiiML IIMIYI 11111 Recoptlon14: 757335 10/17/2008 01:27:48 PM Jean Alberioo 12 of 14 Reo Fee.$71.O0 Doc F.4. 0,00 GARFIELD COUNTY Co Mib.�ibp 16 or 11 RW �Fuef60.08-Goo�ier8 ��,01q.0 COUKT'f co 8 OfN Attached to and made a part of that certain Memorandum of Grant of Easement dated M l 2007, by and between Puckett Land Company and Bargath Inc. c/o Williams Production RMT Company SECTIONS 23, 24 25824 WWVSHJ'6SOUK, RANGE 97WESTAND SECTION l9, TOWNSHIP 6SOUTH; RANGE 97 WEST of the 6th P.M, GARF ELD COUNTY; COLORADO EASEMENT DESCRIPTION CONTINUED FROM SHEET 8 OF 7 SECTION 24. T. 8 5., R. 97 W. (1.849.74 FEET TOTAL) THENCE CONTINUING INTO SECTION 24; THENCE NORTH 38°21'38" EAST. 157.45 FEET; a THENCE NORTH 40.29'16' EAST, 444.22 FEET; ii z. THENCE NORTH 62'28'00" FAST. 491.00 FEET; THENCE NORTH 81'4208" EAST, 202.45 FEET; THENCE NORTH 33'48'69" EAST, 7999 FEET; THENCE NORTH 06'61580" EAST. 356.70 FEET; THENCE NORTH 49'17'43' EAST, 80.00 FEET; THENCE SOUTH 87'20'24' EAST, 38.32 FEET TOA POINT ON THE EAST UNE OF SAID SECTION 24. SECTION 19. T. 8 5., R. 96 W. (2 771.71 FEET TOTAL) THENCE CONTINUING INTO SECTION 19: THENCE SOUTH 57'20'24" EAST, 125.59 FEET; THENCE SOUTH 81'36'69" EAST, 235.30 FEET: THENCE SOUTH 62'12'Or EAST.155.30 FEET; THENCE NORTH 89'14'O9"rEAST, 143.32 FEET: THENCE NORTH 81'13'04' EAST, 380.40 FEET; THENCE NORTH 70'44'16' EAST, 381.97 FEET; THENCE NORTH 67"22'44' EAST. 224.07 FEET; THENCE NORTH 84'21'39' EAST. 198.64 FEET; THENCE NORTH 87'18'17" EAST. 428.81 FEET; THENCE NORTH 80'81'45' EAST. 291,28 FEET; THENCE NORTH 81'28'13' EAST, 74.76 FEET; THENCE NORTH 81'28'13" EAST,183.27 FEET 7O THE POINT OF TERMINUS AND A POINT ON OR NEAR THE EAST LINE OF THE SOUTHWEST CHARTER OP SAID SECTION 19. SAID EASEMENT 18 17,557.88 FEET IN LENGTH AND CONTAINS 20.154 ACRES, MORE OR LESS. 410RIFFIN & ASSOCIATES, INC. 114f4&Ka17 RGCN8AR7NOa, 2+782900 ANONE($81)8624025 D.R.O..1091-14400 ROAM; 04nimr_CtlAllal?OCOMP WILHAl [ DRAM EY: IDiR DATE• 041111'01 APPROVEDF BY. DAT2 cNECK6CEY: DATE 0001.¢ 1•=1000 &IRG TI UM CRAWFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY DRAM 141 14468-ROW04 1 0111W1,4CNIV, 1Ii[RIAPR ik11111 Reception#: 757385 10!1712008 81:27:4B Fl Jean Alber+oo 13 eI 14 Rao Fee:$71.03 Doo FeOe:. Do GRRFIELD COUNTY CO 118 ri11CrOh1711Y71H1111R TIRM111'1111111 ea2yp!1!14110 726888 lripa et VI RoeiFaa7a:156.6EEM P 0DooF4s0,i0 ENFIELD t Mhz. Jinn =MTV CO 9 01 9 Attached to and made a part of that certain Memorandum of Grant of Easement dated401, 2007, by and between Puckett Land Company and 6%1 Bargath Inc. c/o Williams Production RMT Company 1 .i=ce ly SECTION 29, TOWNSHIP SOUTH, RANEE 96 WEST of the SUR P,AL, GARFIELD COMM COLORADO or- 1 f.l l �'P1'SC�N d a a , 50.04 FOOT WIDE PERMANENT EASEMENT FOR PIPELINE PURPOSES ACROSS LOT 6 S T OF SECTION 29, ,2 .OWNSHIP 5 SOUTH. RANGE 96 WEST, dew au1 P.M.. GARFIELD COUNTY, COLORADO, SAID EASEMENT BEING ir t 6.SO FEET EACH 810E OF THE FOLLOWING DESCRIBED CENTERUNE: g 2 a $ :O.IMENCING AT THE NORTHEAST SECTION CORNER OF SAID SECTION 29. THENCE SOUTH 27"31'23" WEST, 8 g e 1578.3(1 FEET TO THE POINT OF BEGINNING AND A POINT ON OR NEAR THE NORTH LINE OF SAID LOT 7: 11.63 }HENCE SOUTH 12'98'91" EAST. 160.64 PEET: HENCE SOUTH 26'38'81' EAST. 880.48 FEET; k 'HENCE SOUTH 47'51'06' EAST. 325A9 FEET; .HENCE SOUTH 71'1141" EAST. 147.15 FEET; THENCE SOUTH 11.5758' EAST. 217.81 FEET: THENCE SOUTH 31'16'35' EAST, 181.99 FEET TO THE POINT OF TERMINUS AND A POINT ON OR NEAR THE SOUTH LINE OF SAID LOT e. 1 SAID EASEMENT'S 1.883.47 FEET 114 LENGTH AND CONTAINS 1,808 ACRES, MORE OR LESS. 1111FRIFFIN & ASSOCIATES, INC. 14fO/LKEmden NOM SPR1NOS.Wr67ovf MEW OM SESEESE . D,R.G J00/-14408 DR11►HN EY; KR91 DATE: U.138T APPROVED ET: 1 DATE. HILLIAMSPRODUCTmONRMT COMPANY CRAWVFORD TRAIL GATHERING PIPELINE A PROPOSED PIPELINE EASEMENT CROSSING LANDS OF PUCKETT LAND COMPANY CREOsED Ey: DATE: KALE r • avoir "AIM 14486-ROW05 1 1 a a Ell POral2Il' 'r 141LNI'ilwriihrWL'f If If I Recept Ione: 757385 100 012008 01 27 4B AM Jean Rl berica 14 of 14 Ree ree-S71 00 Doc Fca.0. 00 SpRFIELO &maTY Co EXHIBIT "B' Attached to and made a part of certain Memorandum of Amendment of Easement and Right -Of -Way dated Septhii ber/o/j_, 2008, by and between Puckett Land Company. Surface pruner. and Bargath. Inc.. c10 Williams Production RMT Company. Operator i COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0902113 HAYSTCK 1. Effective Date: February 6, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $0.00 Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Puckett Land Company, a Colorado Corporation 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A Portion of the Following Described Parcel to be determined by Survey: Township 7 South, Range 97 West of the 6th P.M.: Section 1: Tract 63 (A.O.S.P. No. 3 Placer Mining Claim) Section 2: Tract 66 (A.O.S.P. No. 8 Placer Mining Claim) Tract 65 (being a portion of the A.O.S.P. No. 9 Placer Mining Claim) Section 11: S1/2N112S1/2N1/2NE1/4; S1/2S1/2N1/2NE1/4; S1/2NEI/4; N112N1/2SE114; N1/2N1/2S1/2N1/2SE114 (A.O.S.P. No. 6 Placer Mining Claim) Lot 8 and SW114SW114, Section 1, Township 7 South, Range 97 West, 6th P.M. (being a portion of the A.O.S.P. No. 4 Placer Mining Claim) Lots 5 and 6, SE1/4SE1/4 of Section 2; N112N112NE114; N1/2N1/2S1/2N1/2NE1/4 of Section 11, Township 7 South, Range 97 West, 6th P.M. (A.O.S.P. No. 7 Placer Mining Claim) N1/2N1/2NW1/4; N1/2N112S1/2N1/2NW1/4 of Section 11, Township 7 South, Range 97 West, 6th P.M. (A.O.S.P. No. 13 Placer Mining Claim) COUNTERSIGNED: TITLE CHARGES Informational Only Commitment Charge $750.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0902113 HAYSTCK SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an Informational Only Commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule 13 - Section 1 - Form 1004-5 File No. 0902113 HAYSTCK SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Reservations, conditions and stipulations contained in United States Patent as follows: -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on (See individual patents). -That should any vein or lode of quart or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last named date, the same is expressly excepted and excluded from these presents as described in the patent recorded December 30, 1929 in Book 160 at Page 357 and in the patent for the A.O.S.P. No. 3 and 4 Placer Mining Claims. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 30, 1929 in Book 160 at Page 357. 11. Terms and conditions of Oil and Gas Lease by and between Atlantic Richfield Company, as Lessor and Barrett Energy Company, as Lessee, recorded August 16, 1983 in Book 633 at Page 40 and any and all interests therein or assignments thereof. 12. Terms and conditions of Oil and Gas Lease by and between Puckett Land Co., as Lessor and Petroleum Development Corporation, as Lessee, recorded December 10, 1999 in Book 1164 at Page 400 and any and all interests therein or assignments thereof. 13. Easements and rights of way for al] ditches, canals, springs and pipelines. 14. Deed of Trust from Puckett Land Company, a Colorado Corporation to the Public Trustee of Garfield County for the use of Hall & Hall Mortgage Corporation, showing an original amount of $2,500,000.00, dated September 18, 2003 and recorded September 23, 2003 in Book 1521 at Page 923. NOTE: By instrument recorded October 6, 2003 in Book 1526 at Page 665, said Deed of Trust was assigned to The Prudential Insurance Company of America. 15. Terms, conditions, assignments and all matters set forth in Assignment of Production recorded September 23, 2003 in Book 1521 at Page 953, and any and all interests therein or assignments thereof. (Continued) NOTE: EXCEPTIONS) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 0902113 HAYSTCK SCHEDULE B - SECTION 2 (Continued) 16. Financing Statement from Puckett Land Company, a Colorado Corporation, debtor, in favor of The Prudential Insurance Company of America, secured party, recorded September 23, 2003 in Book 1521 at Page 957. 17. Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded July 28, 2006 in Book 1825 at Page 487 and any easement or right of way described therein. 18. Terms, conditions and all matters set forth in Easement and Right of Way Agreement evidenced by Memorandum recorded December 1, 2006 in Book 1869 at Page 102 and any easement or right of way described therein. 19. Terms, conditions and all matters set forth in Location Fee and ORRI Agreement, including the assignment of an overriding royalty interest as more fully described in Affidavit and attached Agreement recorded January 14, 2008 at Reception No. 741079, and any and all interests therein or assignments thereof. 20. Apparent lack of a right of access to an from the subject parcel, except as may be provided by ownership of contiguous parcels and Access License Agreement recorded March 26, 2001 in Book 1239 at Page 675. 21. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-3 concerned with approval of a special use permit for a communications facility recorded January 8, 2008 at Reception No. 740789 and in Special Use Permit recorded January 8, 2008 at Reception No. 740791. 22. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-83 recorded July 8, 2008 at Reception No. 751859. • 110U; 357 :;o. 1ui110 .ewer OF Sh COMTY } ::F?IDf.YIT OF `JLLUi CF L,.DC3 :.I;) ILTRO'l'lleliTS B.FOZL'•' L. The subscriber personully appeared P. L. Cantron, who, being duly seera s_ith that at least two hundred dollars' worth of cork or icproverents gate performed or nada upon Cle:ato11 ! o. 1 and 2 oil sh:.le placer claire Reins the tx Flee. 23, T. 6 S. it. 89 W. 6 1'. U. situate in Lt. Lovun Miniteh District, County of Garfield, Stute of Colo. us recorded in book 111 at page 220 of the records of said Barfield County; such expenditure was race by or et the expense of Clyde roslunder and Lee Burgess =norm of said cle.ia s for the year ending; June 30, 1527 end :o r the purpose of holdin_ said cleft. Said cork was perfumed between the 10 day Of Aug. 1927, and ttie 30day of mune, P. 1.. Cameron Subsoribed and scorn to before to this 7 day of July A. -0. 1820. '!y eonnisslon will expire ,.pril 27th, h. D. 1930 Robert ..a ton, rotary Public i L:J J:.- . ZO, 1.1h. _ : 6.0o ., rL. e.'.ri. ... Nth. 100122 Denver 035449 THE UNITED ST:_TES OF 2I ERICh, TO ..LL TJ i,1.uL! 1i:i2 Pi iS.U17S Sl --.LL C014,Getiiai'ii:G: YriiEREAS, In pursuance of the prciisions of the nevised Statutes of the united States, Chapter Six, Title, 'Thirty-twu end legislation supplerental thereto, There hub been deposited._ in the General Lund Office of the united States the Certificate of the Register of the Land Office [.t Glenwood Oprings, Colorado, acconpsnied by other evidence whereby it appears that Delos J. Potter did,,on June 23, 1927, duly enter and pay for that oertain.flining olein or prer.eises, known es the r'..O.S.P. tio. 6 P1acer,e. 0. S.P. [i0. b Pleeer;A.O.S.P Tn. 9 Ylaoer, R.v.S.'r. Re. 13 ?lager and , u.S.;.o 11 al::oer ninins clnins situ_te in Garfield County, Color_do, described as follows: The /..0.S.P. ho. 0 Placer C16in, comprising the south half of the north bear of the south half of the north half of the northeast quarter, the south ht.1f of the south half of the north hull of the northeast quarter, the south hell of the northenat quarter, the north h_1f of the north half of the southeast quarter and the north half of the north half of the south half of the north half of the southeast quarter of section eleven in '+ornehip eu a0 south of nen,;e nire ty-seven nest of the Sixth Pr neipal Meridian; the A.O.S. P. i'0. 7 Plater claim, cor_prising the Lots five and six' :.ted the south half or the southeast quarter of Section two in acid Torsnship ..rd rart;e c$h the north h::1f of the :forth half of the northeast qu:.rter end the north belt of the north hull of the south half of the north half or the northeast quarter of said Section eleven; the L. C. 5. P. No. B'Plheer claim, en0prisin.- 'Erect tee. Sixty-six in 'iounship seven south of range ninety-seven vest; tbo ..C.S.P. 12o. a Placer elairt, oorprtning the i.oLs ung fin.: two of Oceticn thtity-fi:o in 'Township six south, and 'Tract 1o, sixty-five in 'lotnship seven south, all in Bangs iiieeety-sev a west; the A. O. S. P. No. 13 9lccer aloin, corprising the ..nts spam and eight end the south half of the scuth-.est quarter of said section t; a and the north half sf the north half of the nortbnest quarter and the north half of the north half of the south heft of the nerth half of the ,northwest quarter of said Section eleven; and the A. Q.S. P. No. 14, Placer claim, conpr1sinO the south half or the north belt of the south half of the north half of the northwest quarter, the math half o; the south hell of the north half of the northwest quarter, the south heir of the northwest cu 0.ter the north half of.the north half of the sou:heeet quarter end the :earth half of the north half of the south half of the north half or the acithwest quarter of said Section eleven; the premises herein granted cont-inine nine hundred fifty-eight acres and eighty-t^.o hundredths of on sere; !i0u 1:.NO3: YE, That there is therefore, pursuant to the 1u'„s aforesaid, hereby granted by the United States unto the s:.id Delos D. Potter the said placer I:inine premises herein- before described; TO Fel'r' .L J T) HOLD said nining prer..ises, to ether with all the riuhts, privileges, ir=.unitieb acid uppurtenenoes or ;;h+.tsoever nuture thorounta beleneing unto the said gruntee above mored end to hie heirs and-nsi;;r.s forever; subheet nevertheless to the following conditions and stipulations: ?IPST. That the grant hereby node is restricted in its exterior 1i^its to the boundaries of the Bald nlnlni; pronises, tent to any veins or lodesof quartz or other rock in place bearing gold,silvcr, cinrubnr, lead, tin, copper, er other vet!utble deposits which ray have bean discovered rlthin s_id limits subseluent to and ;hick rare not kreorne to exist on February 21, 1885 5i:°COhD. That shJuld any vein or lode of quartz or other roof: in piece beerin• gold, silver, cinnabar, loud, tin, copper, or other :'Mumble deposits be etnir.cd or known to exist within the stove -described pre;:lses at said last netted date, the sar_e 1s expressly exaept_d ere excluded iron theme prareats. 11:IRJ. That the pra:tise3 hereby convoyed ah.:11 be held oubsect to :=,y vested and accrued cuter rights for rininl, agricultural t:anufaeturin,; or other purposes and ri_hte to ditches -I -17 ,358 and reservoirs used in connection with such rater rights au ray be recognized end acl:nur- ledaed by the local lets, custur_s and decisions of th,c courts. -_nd there is reserved fron the lends hereby grantee a right of way thereon :br ditobus or c:uula ecast_sctod by the authority of the United States. FOURTU. That in the absence of necessary legislation by Oongreas, the Legisletu:e'of Colorado ray provided rules for rocking the nining eluin or premised hereby ,;ranted, invol- ving easements, drainage ane other necessary Weans to the cuapleto developr.:nt thereof. IN TEST11')? 1,ii1:I1EC: , I Harbert Hoover, President of the United Stutcs of ,'ncrieu, have caused these lettere to be rude Patent, and the deal of the General Lund office to be hereunto arfixed. Given underny hand, ut the dity of Washington, the Ttentieth day of aceenber, in the year of our Lord onethousandnine hundred and tr,enty-nino and of the Independence of the United .;totes the one hundred and fifty-fourth. By the President: ' Eorbert !]over By. Viola B. Pugh, Secretary H. P. LeRoy Recorder of the uonsral Land Office UFF)CIAL SEAL Redorded: Patent burbcr 1033153 :'IL -e7 .03 3tcCGi17 a c. ::0 3.29 _t Z1.20 Je LY:._ _..!:• -.Lr_R J. ':lose, ei v RJ R. C1i:.:i. S. ]:o. 100139 TTARRij 1Y DEEB THIS INDENTURE. Nude this 24th day of June in the year of our Lord nineteen hundred and treaty -nine between ::alter B. Stauffer and wife of f.eoorpton in the Jounty of aou;las and State of 1:cnsas of the first part, and :ma U. jtuuffcr, :+dn. or oifle in the County of .:drfield and State of '.olor,00 of the second part. TIT?.?SSEIR, That the said party of the first part, in consideration of the sun of Light hundred and twenty-five L. 00/100 Dollars, to then duly paid, the receipt of which is hereby acknowledged, has sold and by these preaents, does grant and convey unto the said party of the seoond pert, her heirsand assigns, all that tract or parcel of bald situuted in the ',cunt)? of Corfield end state of to1orado, described as follows, to -reit: The East one hely of the northeast :quarter Section Thirteen, ':or:nahip 7 So. Runge 93 5'. 6 P. 1A. containing 130 acres. t]it,all the appurtenances and all the estate, title and interest of the suid party of the first part therein. And the said hater B. Stauffer & Fife does hereby covenant and agree that at the delivery hereof they the laurel omilar of the pr slaw _ =:•e greeted, and sei-ed of u good and indereasieie estate of inheritance therein, free end clear or ell incus eres:ces, end that they will lsrrant and defend the sane in the quiet send peaceable possession of the said pnrtf of the second part, her heirs and assins, forever, against all persons lawfully clainint; the sone. IN t:1Ti+'SS Tin REO', The said partys of the first port has hareJot° cot his hund and scat the day end year above written. Signed se6led and 1ie)lvered in presence et' ' STAT OF E_I:SSS,) ) SS OOUOLAS COUNTY ) Walter 1i. Stauffer (Seal) Ibua J. Stauffer {Seal) B3 IT REITE'_ '19-7, That on this -28th day of June, L. ,1. 19,E before c0. T. E. 1 reader a Notary Public in end for said Bounty and Stote, core L•alter z.-tauffor and Ibba J. Stauffer to ne personally known to be the sa=e persons who exeout:d the foregoing inatrur_ nt of writing and duly acknowledged theexecution of the saga. I11 13 3NE55 VFERSOF, I have hereunto subscribed ry ware and affixed r•y official seal on the day and year last above tritton. !!y corr,lssicn expires Jan 9th, 1930. 3. V. Kreider Notary Public 31, 1... ... :.0k J. :, 2 i Bearded 1110 1 1a . b'clocv (L M AUG 1,83 Recepilon Np. :A14.725 MILDRED ALSDORF, RECORDER OIL AND GAS LEASE BOOK 633 PGE 40 This Agreement, made and entered into this 2nd day of June , 1983, by and between Atlantic Richfield Company, a Pennsylvania corporation, P.O. Box 5300, Denver, Colorado 80217 Lessor and Barrett Energy Company, a Colorado corporation, 405 Urban Street - Suite 112, Lakewood, Colorado 80228 Lessee. WITNESSETH: 1. Lessor, in consideration of Ten Dollars ($10.00) in hand paid, of the royalties hereinafter provided and the agreements of Lessee herein contained, and subject to the further provisions hereof, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and producing oil and gas, the following described land in Garfield County, Colorado to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS INSTRUMENT 2. Subject to the other provisions herein contained, this lease shall be for a term of three (3) years from the date hereof and as long thereafter as oil or gas is produced from the leased premises in paying quantities. 3. Lessee shall deliver free of all costs, expenses and taxes, including ad valorem taxes attributable to conventional oil and gas production and excepting gross production taxes, to Lessor or to the credit of Lessor, as royalty, twenty percent (2096) of all oil, gas or any of the constituent elements thereof which may be produced and saved from the leased premises or which may be attributable to the leased premises, whether recovered directly from welis on the leased premises, from field or other type separators, or from a plant or plants, whether or not located on the leased premises. Said royalty herein excepted and reserved to Lessor shall be superior to any right, title, interest or estate leased and at all times shall be construed to be and operate as an encumbrance and lien upon the leasehold covered hereby and shall never be subject to any lien, charge or encumbrance created upon said leasehold by Lessee or permitted to be created or filed against the same by others. •• BOOK 633l':c 41 4. Lessor reserves the continuing right to purchase any part or all of the oil and other liquid hydrocarbons, except any used for operating purposes, produced from the leased premises. Lessor shall be notified immediately in writing when gaseous hydrocarbons (gas) from the interests involved herein become available for sale, purchase, or processing. Any purchases by lessor shall be at the price posted by Atlantic Richfield Company in the same field for the grade and quality of oil produced in effect at the time of purchase; provided that if there is no such Atlantic Richfield Company posting then any such purchases shall be at the average of the two highest prices posted by others in the same field for the grade and quality of oil produced in effect at the time of purchase or, If there are no price postings in such field, then, in like sequence, at the prices posted by others in effect at the time of purchase in the oil producing area nearest to such field which produces the same kind and quality of crude oil. Before disposing of any oil or liquid hydrocarbons Lessor has the option to purchase under this agreement, Lessee agrees to contact Lessor at the address given above for the purpose of permitting Lessor to act with respect to its option. Should Lessor elect not to exercise its rights and option to purchase, such action shall not be held a waiver of the privilege to do so at any later time, but nothing herein shall be construed as requiring Lessor to purchase or furnish a market for such production. Before Lessee enters into any contract for the sale, purchase or processing of gaseous hydrocarbons from the interests involved herein, Lessee shall submit to Lessor in writing the contract into which Lessee proposes to enter. Lessor shall have the right and option, at its election, to (a) purchase all of such gas on the terms submitted, (b) take in kind or otherwise dispose of Lessor's share of the gas on such terms and conditions as it deems adviseable, or (c) allow Lessee to dispose of all of the gas and account to Lessor, all in accordance with the terms of the proposal submitted, provided, however, that if Lessee is in any way ,affiliated with the purchaser of such gas, then Lessee shall account to Lessor on the basis of the highest price offered or paid in the area by any purchaser or prospective purchaser. if Lessor fails to notify Lessee of its election hereunder within sixty (60) days after receipt of such notice from Lessee, then it shall be considered that Lessor made election (c) above. For the purpose of this paragraph, the interest of Lessor shall be considered to be the maximum Interest Lessor could have by the exercise of any option open to it under this agreement. -2- i t • • BOOK 633 nu 42 Lessee gives and grants unto Lessor the preferential rights, to be exercised as hereinafter set forth, to purchase all gaseous hydrocarbons or any part thereof including other gases covered by the above described lease whether or not mixed with said hydrocarbons and whether or not combustible (except any'used for operation purposes thereon) hereinafter called "Minerals in the Gas Phase", produced, saved and credited to the interest of Lessee from oil wells or gas wells on other lands covered hereby or produced from oil wells or gas•weils on other lands and attributable to the lands covered hereby. Upon the completion or recompletion of such well in any zone, capable of producing Minerals in the Gas Phase In quantitites sufficient to justify the operation thereof in such zone, Lessee shall forthwith give Lessor written notice thereof and an opportunity thereafter to witness a production test of such well at a reasonable time agreeable to both parties but within forty-eight (48) hours after the receipt of such notice by Lessor. Upon becoming aware of a bona fide available market for such Minerals in the Gas Phase or any part thereof, Lessee shall forthwith give Lessor written notice of such market, setting forth full particulars with respect to the terms and conditions thereof; and Lessor may exercise its preferential right to purchase such Minerals in the Gas Phase or such part thereof upon the same terms and conditions as were obtained elsewhere by Lessee by Lessors election in writing to Lessee of its intention to do so within sixty (60) days after the receipt of such notice of market and such terms and conditions shall be reduced to writing and executed by the parties. Upon the termination from time to time of any market utilized by Lessee, Lessor shall have the recurring preferential right to purchase as herein provided. If at any time no,other market is available, Lessor may at any time and from time to time elect to purchase such Minerals in the Gas Phase or any part thereof, at the fair market value of such production at the mouth of the well at the time of production, but nothing herein shall be construed as requiring Lessor to purchase or furnish a market for such production or any part thereof. 5. If, after oil and gas is produced from the leased premises, the production of oil or gas should cease from any cause, this lease shall not terminate if Lessee commences drilling or reworking operations within ninety (90) days after cessation of such production, but shall remain in force and effect so long as such operations are prosecuted with no cessation of more than ninety (90) consecutive days; and if they result in the production of oil or gas, so long thereafter as oil or -3- • • 131)0 1( 633 66E 43 gas is produced from the leased premises in paying quantities. In the event a well or wells producing oil, gas or liquid hydrocarbons in paying quantities should be brought in on adjacent land, Lessee agrees to drill such offset well or wells as a reasonably prudent operator would drill under the same or similar circumstances. 6. If, with regard to any particular portion or portions of the leased premises, Lessor owns and hereby leases a 'less interest than the entire and undivided fee in the minerals purported to be leased hereunder, then as to such portion or portions the royalties and payments provided for herein shall be paid or delivered to Lessor, and the right and option to purchase oil and gas shall be exercisable by Lessor, only in the proportion that the interest of said Lessor bears to the whole thereof. 7. The rights of Lessor hereunder may be assigned in whole or in part; however, the rights of Lessee shall not be assigned without the written consent of Lessor. No change or division of ownership of the minerals covered hereby or royalties, however, accomplished, shall increase the obligations or diminish the rights of Lessee, nor shall any such change or division be binding on Lessee until thirty (30) days after Lessee shall have been furnished with a copy of recorded instrument or instruments evidencing same. 8. Notwithstanding anything contained herein to the contrary, it is distinctly understood and agreed that Lessor does not warrant the title, either express or implied, as to all or any portion or portions of the leased premises. 9. Lessee will not lease from any person claiming adversely to Lessor without Lessor's written consent, nor undertake title curative work without first consulting Lessor, and any such work undertaken shall be such as to inure to the benefit of Lessor's title. Lessee may at any time redeem for Lessor by payment any mortgage, taxes or other liens upon the leased premises In the event of default in the payment or discharge thereof by lessor and be subrogated to the rights of the holder thereof. 10. Lessee shall have the right at any time during or within six (6) months after the expiration of this lease to remove all property and fixtures owned by Lessee on the leased premises, including the right to draw and remove casing; provided, however, that Lessor shall have the right and opportunity to purchase all or any part of such equipment in place at the reasonable salvage market value then prevailing. When required by Lessor, Lessee will bury all pipelines below ordinary -4- i • • BOOK 633 F41E 44 plow depth, and no well shall be drilled within two hundred feet (200') of any residence or barn now on said land without Lessor's consent. Lessee shall pay for damages caused to growing crops or livestock on said land. 11. Lessee agrees to comply with all valid laws, rules and regulations in the conduct of its operations on the leased premises and, without limitation, expressly agrees to plug properly all abandoned wells in accordance with such rules and regulations. Further, Lessee expressly agrees to save and hold harmless Lessor from all claims, charges, costs or expenses arising out of or because of Lessee's operations on the leased premises. 12. At all times during the drilling, testing and completion of any well on the leased premises, Lessor's representatives shall have full and complete access to the derrick floor, all well reports, and shall be entitled to current information concerning the progress of drilling, coring, testing and logging. Lessee agrees to keep Lessor informed as to daily drilling progress of all such wells, and to notify Lessor in advance of any coring, testing and logging in order that Lessor will have sufficient time to have an observer present during such operations. Lessee agrees to perform the following: Dual Laterolog - Micro SFL-Gamma Ray from base of surface casing to total depth drilled. FDC-CNL-Gamma Ray from ground surface to total depth drilled. BHC Sonic - Gamma Ray from ground surface to total depth drilled. Lessee agrees to furnish Lessor with three field prints and three final prints of all logs as soon as they become available. In addition, Lessee agrees to furnish Lessor the same number copies of all other logs which Lessee runs and any and all geological, engineering and other information of any nature whatsoever obtained as a result of drilling any wells on the leased premises. Samples of cuttings and cores will be delivered by Lessee to a commercial cutting service with Instructions to furnish Lessor a free cut on demand. All such notices, reports, log prints, and other correspondence shall be delivered or addessed to: Tim Drexler c/o Atlantic Richfield Company P. O. Box 5540 Denver, CO 80217 Telephone: (303) 293-7174 Daily drilling reports should be sent to the above address. -5- 500X 633 PAGE 45 Attention: Becky Ance11, Telephone (303) 293-1049. In the event any well drilled on the leased premises is completed as a dry hole Lessor shall, at its expense, have the opportunity to run a velocity survey to the bottom of the hole before the well is plugged and abandoned. 13. The parties hereto recognize that the leased premises contain undeveloped on shale or other minerals and that Lessor may at some future time mine the oil shale or other minerals in the leased premises. The parties hereto also acknowledge that a conflict between the development of oil shale or other mineral reserves by Lessor and the production of oil and gas by Lessee could arise if there is a producing well on the premises at the time Lessor desires to recover the oil shale or other minerals. Therefore, in order to resolve said potential conflict, the parties agree that upon at least sixty (60) days written notice by Lessor to Lessee of Lessor's desire to mine through the leased premises, any producing well on the leased premises will be plugged below the oil shale seam until further written notice from the Lessor to the Lessee that mining operations in the area have been completed. (The term "mining operations" as used herein shall include all relevant reclamation work.) The date of completion of mining operations shall be determined solely by Lessor. Either the Lessor or Lessee may undertake the work of plugging the well. Prior to April 1, 1995, the cost and expense of plugging said well, the cost and expense of recompleting said well, and the risk of loss of the well for any reason shall be borne by Lessor. After April 1, 1995, said costs, expense and risk shall be borne by Lessee. Notwithstanding anything to the contrary contained herein, this lease shall be suspended in its entirety as to all terms and conditions for so long as mining operations are being conducted upon said lands. Thirty (30) days after written notification by Lessor of completion of said mining operations, this lease shall be reinstated in full force and effect, as if it had not been interrupted, for the balance of its term. However, during the period of suspension, if any, this lease, for all other. intents and purposes, shall remain a valid and subsisting oil and gas lease. It is further understood and agreed that, at any time during the term of this lease, ongoing oil and gas operations or development are Interrupted, sus- pended and/or shut-in as a result of any mining operations, the royalty and shut-in -6- I i • • Box 633 ? OE 46 provisions contained herein shall be suspended for so long as said mining operations are conducted on said lands, and until such time as Lessee has written notification of completion of mining operations. Lessee shall then have sixty (60) days from date of said written notification, to recommence oil and gas operations, including, but not limited to, royalty and/or shut-in royalty payments provided for herein. 14. Lessee hereby agrees that on or before July 1, 1984, the drilling of at least one well will be commenced on the Haystack Property described as the leased premises. Said well shall test the Wasatch formation and all intervening formations below the base of the Parachute Creek member of the Green River Formation. At such time as Barrett has completed a Wasatch test on the leased premises either as a well capable of producing oil and/or gas or as a dry hole Barrett will have validated this oil and gas lease insofar as it covers the section or 640 acres surrounding the initial test well. Within one year from the date of completion of the initial test well Barrett will have the right to commence drilling a second Wasatch test well at a location of its choosing on the Haystack Property and thereby expand the lands covered by this lease to include an additional 640 acres. At such time as Barrett has drilled five Wasatch wells on the Haystack Property Barrett will be entitled to a lease covering the Haystack Property. It is understood that should Barrett drill and complete less than five welts this lease will then cover only the 640 acres surrounding each of the wells drilled and that the spacing of the 640 acres will be as uniform as possible subject to topography and governmental spacing regulations. If said drilling is not commenced by July 1, 1984, this oil and gas lease shall terminate unless Lessee pays to Lessor the sum of $50/acre. Said payment shall act to keep this lease in effect for the remaining year of the primary term. If, in the drilling of the well as above provided, Lessee encounters impenetrable substances or other conditions beyond Lessee's control which render it impossible or unfeasible to continue drilling operations and Lessee junks or abandons the well before reaching the objective depth, nonetheless Lessee shall have the right, at its sole option, to commence within thirty (30) days thereafter the drilling of a substitute well on the leased premises. If the substitute well is drilled pursuant to the terms and conditions prescribed for the well junked or abandoned, it shall be considered for all purposes of this agreement that Lessee has drilled and completed such well in accordance with the terms and provisions above. -7- •0 BOOK 633 PAGE 47 Said well or wells drilled by Lessee under the terms of this agreement shall be drilled without cost or expense to Lessor and Lessor shall have no responsibilities nor liabilities in connection with any of Lessee's operations. In drilling said well or wells, Lessee shall be acting independently and not as Lessor's agent, partner or employee, it being expressly understood that this agreement does not constitute or provide any type of partnership or joint venture. 15. All obligations imposed hereunder on Lessee, except for any payment of money, shall be suspended while compliance is prevented by force majeure. The term "force rnajeure" as employed herein, shall include, but not be limited to, acts of God, strikes, Labor disputes, fire, war, civil disturbance, any federal, state, county or municipal laws, regulations, legal actions or other matters beyond the reasonable control of the Lessee provided, further, that Lessee shall not be required against its will to adjust any labor dispute or to question the validity of any federal, state, county, municipal or other political subdivision order, regulation or law. However, it is further provided that Lessee may not invoke the protection of this section on the basis of an act of government unless the Lessee made a bona fide and reasonable effort, considering the interest of both parties to this Lease, to avoid such delay or failure by meeting all lawful demands and requirements of the government. Lessee shall diligently attempt to remedy the cause of any such suspension as quickly as possible, but Lessee shall not be required against its will to adjust or settle any labor dispute. 16. Whenever there is located on the leased premises a well capable of producing gas in paying quantities and such well is shut-in for lack of a suitable market or any other reason, the lease, nevertheless, shall continue in force as if said well were producing in paying quantities for a period to exceed not more than six (6) months at any one continuous period, and if any such well or wells are shut- in for any such period or periods of time, and if the lease is not otherwise held or maintained in force and effect, Lessee shall pay to Lessor as royalty a sum equal to a rate of Six Hundred Dollars ($600) per well per year and which sum shall be proportionately reduced to accord with the period or periods of shut-in time and shall be payable monthly by check or draft of Lessee mailed or delivered to Lessor. -8- i • BOOK 633 NU 4S 17. All of the provisions hereof shall be binding on Lessor and Lessee and their respective successors and assigns, administrators and legal representa- tives. IN WITNESS WHEREOF, this instrument is executed on this 2nd day of JUNE , 1983 but is effective as of the day first above written. 4.7 it C` • • ,,5'.A.spa.tent cretary STS ,COLORADO ) DENVER ) ss By: ATLANTIC RICHFIELD COMPANY Attorney -in -Face for Atlantic Richfield Company BARRETT ENERGY COMPANY By.� r .f— JOHN F. KELLER, Vice -President P.Th oregoing instrument was acknowledged befo me this /9 day of I = 1983, by ..--Y... sr% vvvv as Attorney m Fact for t antic Richfield Company; a Pennsylvania corporation. , y, . WITNESS my hand and official seal. . .��in �}• Notary ublic 7. '•. pud`,..\\'; :,' GERRYJONES Address; .,55 17th Street Deaver, Colorado 80202 •2; oF c,•.),y17,1Sli My Commission Expires: STATE OF COLORADO ) ) ss COUNTY OF JEFFERSON) The foregoing instrument was acknowledged before me this 2nd day of JUNE , 1983, by John F. ISe1Le Vice -President for Barrett Energy Company. WITNESS myhand and official seal. '�j�� +`� �y ,� • Lakewood, CO 80228 My Comjmiss expires: 8/ 27/84 . .co+°` Address: ds '✓I e/g/!a f /- Notary Notary Public 405 Urban Street, Suite 112 i EXHIBIT A Township 7 South, Range 96 West Section 6: All Section 7: NK and SEK Section 8: WK Section 17: NWK Section 18: NK Township 7 South, Range 97 West Section 1: All Section 2: All Section 11: N!4 and N545f4 Section 12: Nf4 and Nl4SY, Township 6 South, Range 97 West Section 23: All Section 24: All Section 25: All Section 26: All Section 35: All Section 36: All Township 6 South, Range 96 West Section 19: SW% Section 30: SK and NWK Section 31: All Section 32: SWKNWK, N14SW%, and NWKSEK 9 BMX 633 hr.E 49 1IIFIl11111IIIIII 1111111111111111111111111111111111111 4°° 636562 12/10/1999 04125P 91164 P400 M ALSDORF 1 of 3 R 16,00 D 0.00 GARFIELD COUNTY CO Producers gat revised OIL AND GAS LEASE TIDS AGREEMENT, Entered into this the 15th day of November 1999 by and between Puckett Land Co., a Colorado Corporation, 5460 S. Quebec 5i., Suite 250, Englewood, CO 60111, hereinafter called lessor and Petroleum Development Corporation, 103 East Main Street, PO Box 26, Bridgeport, WV 26330, hereinafter called Lessee, does witness: 1. That lessor, for and in consideration of the sum of ten and more Dollars in hand paid and of the covenants and agreements hereinafter contained to be performed by the lessee, has this day granted, leased. and lel and by these presents docs hereby grant, lease, and ler exclusively unto the lessee the hereinafter described land, end with the right to unitize this lease or any pad thereof with other oil and gas leases as to all or any part of the lands covered thereby as hereinafter provided, for the purpose of carrying on geological, geophysical and other exploratory work, including cora drilling, and the drilling, and operating for. producing, and saving all of the oil, gas, casinghead gas, casinghead gasoline and all other gases and their respective constituent vapors, and for constructing roads, laying pipe lines, building tanks, and storing oil, said tract of land with any reversionary rights therein being situated in Garfield County, Colorado and described as follows; Tgyypshig,6 South. Range 96 West. 6th P.M. Section 19: SW/4; Section 30: SW/4, W/2SE/4, tots 3 and 4; Section 31: NW/4, N/2SW/4, Lots 6 and 7; Township 6South. Ranee 97 West 61PIO Section 23: NE/4, S/2; Section 24: All; Section 25: All; Section 26: A0; Section 35: All (Lots 1-4); Section 36: All (Lott 1.4); Township 7 South . RATIO 96 West6° P.M Section 6: S/2, S/2NE/4, Lots 4 and 5; Section 7: N/2, SE14; Section 13: Lots 4, 10. 11, 12 and 13; Section 14; E,250/4; Section 17: NW/4; Section IS: 14/2; Section 23: Lot 1; Section 24: Lots 2, 3 and 4; /ownshis 7 South. Range 97 West. 6°h P M, Section 1: All; Section 2: All; Section 11: NW/4, W2S/2; Section 12: 14/2, N/2612. containing 7393.69 acres, more or less. hereinafter called leased premises. 2. It is agreed that this lease shall remain in fug force for a tans of Eve (5) years from this date, and es long thereafter as oil or gas, or either of them, is produced from said land or the premises are being developed or operated. This lease Incorporates by reference that certain Letter Agreement dated November 15, 1999 between r the parties to this lease. The Letter Agreement requires that Lessee drill a certain number of wells each year in order to maintain this lease. Lessee shall release all undrilled acreage in this Lease if Lessee fails to timely drill all wells required by the Letter Agreement. In the event of a conflict btlwecn the terms of Ihia lease and the letter agreement, the terms of the letter agreement will prevail. 3. In consideration of the premises the said lessee covenants and agrees: To deliver to the credit of lessor, free of all costs, expenses and taxes, including ad valorem taxes, in the pipe line or tank truck to which lessee may connect his wells, the equal of seventeen percent (17%) of all oil produced and saved from the leased premises. The royalty rate will be reduced to fourteen and one-half percent (14.5%) for oit produced from wells bested on top of the mesa For gas (including casinghead gas) and all other substances covered hereby, the royalty shall be seventeen percent (1714) of the proceeds realized by lessee from sale thereof, free of all costs, expenses and taxes, including ad valorem taxes. The royalty rate will be reduced to fourteen and one-half percent (14.5%) for gas and other leased substances produced from wells locattd on top of the mesa 4. Where gas from a welt or wells, capable of producing gas only, is not sold or used for a period of one year, lessee shat] pay or tender as royalty, an amount equal to the delay rental as provided in paragraph five hereof, payable annually on the anniversary date of this least following The end of each such year during which such gas is not sold or used, and while said royalty is so paid or tendered this lease shall be held as a producing property under paragraph two hereof Notwithstanding anything to the contrary hereunder contained herein, this lease may not be maintained in force or effect solely by the payment of shut -€n royalty for a period more than two (2) yearn. 5. If operations for the drilling of a well for oil or gas are not commenced on said land on or before the 15th day of November, 2000 this lease shall terminate as to both pends, unless the lessee shall on or before said date pay or tender to the lessor the sum of THE PUCKETT COMPANIES 5460 SOUTH QUEBEC ST.. SUITE 250 GREENWOOD VILLAGE, COLORADO 60111-1917 1 111111 11111 111111 111 1111111 11111 111111 111 11111 1111 1111 566552 12/10/1999 04:25P 91164 P401 M ALSDORF 2 of 3 R 10.00 D 0.00 GARFIELD COUNTY CO 2 S7393.69 which shall operate as a rental and cover the privilege of deferring the commencement of operations for drilling for a period of one year. In like manner and upon like payments or tenders the commencement of operations for drilling may further be deferred for like periods successively. All payments or tenders may be made by check or draft of lessee or any assignee thereof, mailed or delivered on or before the rental paying date direct to lessor, end it is understood and agreed that the consideration fust recited herein, the down payment, covers not only the privilege granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period es aforesaid and any and all other rights conferred. Lessee may at any time execute and deliver to Lessor, and place of record, a release or releases covering any portion or portions of the above described premises and thereby surrender this lease es to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereon is 'reduced by said release or releases. 6. If said lessor owns a less Interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided shall be paid the lessor only ie the proportion which his Interest bears to the whole and undivided fee. However, such rental shall be increased at the text succeeding rental anniversary after any reversion occurs to cover the interest an acquired. 7. When requested by lessor, the lessee shall bury its pipe lines below plow depth and shalt pay for damage caused by its operations to growing crops on said land. No well shall be drilled nearer than 1000 feet to any house or barn now on said premises without written consent of the lessor. Lessee shall have the right at any time during, or ether the expiration of, this lease to remove all machinery, fixtures, houses, buildings and other structures placed on said premises, including the right to draw and remove all casing. Lessee agrees, upon the completion of any test as a dry hole or upon the abandonment of any producing well, to restore the premises to their original contour as near as practicable and 10 remove all Installations within nine (9) months. S. if the estate of either party hereto is assigned (and the privilege of assigning in whole er ill part is expressly allowed), the covenants hereof shall extend to the heirs, devisees, executors, administrators, successors, and assigns, but no change of ownership in the land or in the rentals or royalties or any sum due- under this lease shall be binding on the lessee until it has been furnished with either the original recorded instrument of conveyance or a duly certified copy thereof or a certified copy of the will of any deceased owner and oldie probate thereof or certified copy of the proceedings showing appointment of an administrator for the estate of any deceased owner, whichever is appropriate, together with all original recorded instruments of conveyance or duly certified copies (hereof necessary in showing a complete chain of title back to lessor 10 the full interest claimed, and all advance payments of rentals made hereunder before receipt of said documents shall be binding on any direct or Indirect atsignee, grantee, devisee, administrator, executor, or heir of lessor. 9. If Lessee shall commence operations for drilling at any time while this lease is in force, this lease shall remain in Force and its terms shall continue so long as such operations are prosecuted and, if production results therefrom, then as ]cog as production continues. If within the primary tern of this lease, production on the leased premises shalt cease from any cause, this lease shall not terminate provided operations for the drilling of a well shall be commenced before or on the next ensuing rental paying date; or, provided lessee begins or resumes the payment of rentals in the manner and amount hereinbefore provided. If, atter the expiration of the primary term of this lease, production an the leased premises shall cease from any cause, this lease shall not terminate provided lessee resumes operations for re -working or drilling a well within sixty (60) days from such cessation and this lease shall remain in force during the prosecution of such operations and, if production results therefrom, the as long as production continues. 10. Lessee is hereby given the right at its option, et any time from time to time, to pool or unitize any part or parts of the above described land, lease, or leases in the immediate vicinity thereof, such pooling to be into units not exceeding the minimum size tract on which a wet may be drilled under laws, rules, or regulations in force at the time of pooling or unitization, or eighty (80) acres, whichever is less: provided, however, that units may exceed such minimum by not more than ten acres if such excess is necessary in order to conform to ownership subdivisions or lease lines. Lessee shall exercise said option, as to each desired unit, by executing and recording an instrument identifying the unitized area Any well drilled or operations on any pan of each such unit shall be considered a well drilled or operations conducted under this lease, and there shall be allocated to the portion of the above described land included in any such unit, such portion of the actual production from all wells on such unit as lessor's interest, if any, in such portion, computed on an acreage basis, bears to the entire acreage of such unit. And it is understood and agreed that the production ea allocated shall be considered for all purposes, including the payment or delivery of royalty, 10 be the entire production from the portion of the above described land included in such unit in the same manner as though produced from the above described lend under the teens of this lease. 11. Notwithstanding anything contained herein to the contrary, the royalty payable under this tease shall be calculated on all oil, gas (including all its constituents) and other by-products produced and saved from the leased premises. 12. Notwithstanding anything to the contrary herein contained, in the event a portion or portions of the land herein leased is pooled or unitized with other lands so as to forma pooled unit or units, operations, completion of a well upon, or production from such unit or units will not maintain this lease in force as to the lands not included in such unit or emits. The lease may he maintained in force as to any land covered hereby and not included in such unit or units In any manner provided for herein; provided that If it be by rental payments, the rentals shall be reduced in proportion to the number of acres covered hereby and included in such unit or units. Notwithstanding anything contained to the contrary herein, Lessee agrees to release all lands that are not within a producing unit at the end of the three-year primary term, and pooled units shall not exceed eighty (00) acres. 13. Notwithstanding anything to the contrary herein, this oil and gas lease applies only to depths from the bottom of the Oil Shale Mining Zane (defined below) to the bottom of the Castlegale Sandstone or Its stratigraphic equlvatent. 14. Lessee or its assigns will provide Lessor with a copy of all daily drilling reports and all report and logs filed with the appropriate local, stale or federal commission within 30 days after filing. The intention of this provision is that Lessor be as fully Informed as Lessee about the geology and engineering of each well drilled an, or spaced to include leased premises. 15. In this lease, `proceeds realized by Lessee" include any proceeds from any payment made under a take or pay provision of a gas contract or in settlement ofliabllity for a breach thereof. 16. Lessee, its heirs, successors and assigns shall indemnify and hold Lessor harmless from liability for any violetion(s), whether through negligence or otherwise, of federal, state and/or common law 10 producing, generating, transporting, or disposing of 1 111111 11111 111111 111 1111111 1E11 111111 111 11111 1111 Illi 396662 12/10/1988 04:25P 61164 P402 11 RLSDORF 3 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO hazardous wastes, on or from the leased premises, and for any liability whatsoever caused or allowed by Lessee's actions or inaction's. 17. At) oil and/or gas proceeds accruing to Lessor under this lease or by state law shall be without deduction, directly or indirectly, for the cost of producing or storing the oil, and/or gas produced hereunder. 18. Notwithstanding anything contained herein to the contrary, this tease does not include the Oil Shale Mining Zone, which shalt be defined as the stmtigraphic equivalent of that zone present between the surface and 1452 feet, or the lop of the Orange Marker as found an the Togs from and in M1 South Sulfur well located in SE14NW/4NEJ4, Section 26, Township 3 South, Range 99 West, Rio Blanco County, Colorado. it however, the logs from a well actually drilled on lands subject to this lease by Lessee do not Nearly and unarnbiguouslyshow an equivalent 011 Shale Mining Zone, Lessee shalt consult with Lessor and the parties shall mutually egrcc on the lop and bottom of the 011 Shote Mining Zone. fN WITNESS WHEREOF, we sign aha d year first above Jeffrey n, President Puckett Land Co. R. . Puckett, Sec Puckett Land Co. State of Colorado County of Arapahoe Before me, the undersigned, a notary public in and for said county and stale, on this day personally appeared Jeffrey V. Puckett and R. E. Puckett, President and Secretary respectively of Puckett Land Co. known to me to be the persons who executed the foregoing t:ia&t,cument, and aclmowladged to me that they executed the same as the Gee act and deed of Puckett Land Co.. ,.t iieskittirr yyhandandsealofofficethis • e e[e. ier 1999. day of No : Pubh In for . Arapahoe County, Colorado State of Colorado County of Before me, the undasigned, a notary public in and for said county and state. on this day personally appeared known to me 10 be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this My Commission expires: day of 1999. Notary Public in and for County, Colorado 1 111111 11111 111111 111111 1111 11111111111 111 11111 1111 1111 578061 03/26/2001 02:21P 61235 P675 M ALSDORF 1 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO ACCESS LICENSE AGREEMENT This Access License Agreement ("Agreement") is made as of%�/� by and between Union Oil Company of California, a California corporation rLicensor") and Puckett Land Company, a Colorado Corporation ("Licensee"). RECITALS A. Licensor is the owner of certain real property in an unincorporated portion of the County of Garfield, State of Colorado, further described as follows: Portions of Section 4, T 75, R 96W of the 61h P.M. and Portions of Sections 29, 32 and 33, T 6S, R 96W of the 6th P.M., Garfield County, Colorado and depicted on the map attached hereto as Exhibit "A" and hereby incorporated herein (collectively, the "Property"). B. Licensee purchased from Licensor certain grazing preferences granted by the United States Bureau of Land Management known as "Starkey Gulch #08917" and "Riley Gulch #08920." C. Licensee owns certain lands as depicted on Exhibit A (Puckett Lands"), D. Licensee desires a license from Licensor to perform the following activities: All activities reasonably necessary by Licensee in order to access Starkey Gulch #08917 and Riley Gulch #08920 for the purposes of transporting and caring for livestock, and maintaining and inspecting the allotments, and continued unrestricted access for any purpose on the roadways depicted on Exhibit A to Puckett Lands as shown on Exhibit A (the "Activities"), except, however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. E. Licensor agrees to permit Licensee to enter a portion of the Property to perform the Activities upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the promises and mutual covenants, agreements and conditions hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The License. Licensor hereby agrees to permit Licensee and its agents, employees and contractors (collectively, the "Licensed Group") to enter onto those portions of the Property designated on Exhibit "A" as the licensed areas (collectively, the "Licensed Property") and to perform the Activities upon the terms and conditions contained within this License. 2. The Term. The term of this License shall be the date first written above, and shall continue until Licensee or its successors or permitted assigns are no longer conducting Activities at the Licensed Property, at which time this License shall ten-ninate. For purposes of this Agreement, Licensee will be deemed no longer to be conducting Activities If Licensee or its successors or a-tur-t17o X4D S,Que ea6S»c54 [,xreenu "/G19e,d0 O/// .t_ J3 111111111111111111111111111111111 !11111 111 1111111111111 575061 03/26/2001 02321P 81239 P576 M ALSDORF 2 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO permitted assigns cease performing such activities at the Licensed Property for a period of more than twelve (12) consecutive months. Upon termination, Licensee shall remove all of its personal property from the Property. 3, Conditions of License. Licensee agrees that the following terms shall be the conditions of the granting of this License: 3.1. Licensee shall use the Licensed Property only for activities reasonably necessary by Licensee in order to access Starkey Gulch #08917 and Riley Gulch #08920 for the purposes of transporting and caring for livestock, and maintaining and inspecting the allotment, and for the unrestricted access to Puckett Lands on prescribed roadways for any purpose, except however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. There shall be no hunting or other recreational activities upon any portion of the Licensed Property. 3.2 Licensee and the Licensed Group shall not unreasonably disrupt Licensor's business operations upon the Property, if any. 3.3. Licensee shall only use the portions of the Property designated as the Licensed Property to access Starkey Gulch #08917 and Riley Gulch #08920, respectively, and for access to Puckett Lands on prescribed roadways for any purpose, except, however, any purpose shall not include access by a third party for the purpose of developing mineral resources on the Puckett Lands. Licensor agrees to work directly with any third party developing mineral resources to allow access, and such access will not be unreasonably withheld. Licensee shall be responsible for damage caused to roads and the Property, Including but not limited to the Licensed Property, as a result of the Activities on the Licensed Property. 3.4 Licensee shall not permit any vehicles upon the Property other than the Licensed Property, and then only if such vehicles comply with the insurance requirements referenced in paragraph 7. and are covered as additionally insured on Licensee's Automobile Liability policy. 4. The Work. Licensee and the Licensed Group shall conduct all Activities upon the Licensed Property in a good and workmanlike manner, and shall comply with all laws, statutes, rules, orders and ordinances relating thereto, including the obtaining of all necessary permits, 5. expenses, Licensee shall promptly pay for all labor, equipment, material and supervision utilized in the conduct of its activities on the Licensed Property, and shall keep the Property free and dear of all liens imposed by reason of the activities of Licensee and the Licensed Group on the Licensed Property, and shall provide Licensor with copies of any lien releases. 6. indemnification. Licensee agrees to release, protect, indemnify and hold Licensor, its parent, its subsidiary and/or affiliate companies, and the respective employees, - 2 — 10111 11111 111111 111111 1111 11111 111111 111 11111 1111 1111 578061 03/26/2001 02:21P B1239 P677 K AL5DORF 3 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO 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 Licensor or others, illness or death (herein after "Claims") arising out of Licensee's performance hereunder, whether Licensor is negligent, actively, passively, or not at ail, or Licensor is alleged or proved to be absolutely or strictly liable or to have breathed 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 Licensor, its employers, agents or third -party contractors, in which event Licensor or the third -party contractor shall be liable, as applicable. The insurance requirements herein shall not be construed to limit this indemnity. Licensee shall be solely responsible for the defense of any and all Claims hereunder including but not limited to Claims by any employee of Licensee or any employee of Licensee's subcontractor alleging the willful misconduct or sole active negligence of Licensor. It shall be effective to the maximum extent permitted by applicable law. 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. 7. Licensee agrees to obtain and maintain insurance acceptable to Licensor which is primary to any other insurance or self-insurance and which names Licensor as additional insured with respect to liability arising out of Licensee'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: (a) Commercial General Liability Insurance Form or the equivalent with the Amendment Aggregate Limits of Insurance Endorsement CG25031185 covering Licensee's Contingent Liability, Premises Operations, Completed Operations and Products Liability, Contractual Liability, liability arising from explosion, collapse, or underground property damage, all with a minimum combined single limit of 31,000,000 each occurrence, $2,000,000 Aggregate for Bodily Injury and Property Damage including personal injury. (b) Comprehensive Automobile Liability Insurance or Business Auto Policy covering ail owned, hired, or otherwise operated non -owned vehicles with a minimum combined single limit of $1,000,000 each occurrence for Bodily Injury and Property Damage. (c) Workers Compensation insurance as required by law, covering all states of operation, and Employers Lability Insurance with a minimum of $1,000,000 each occurrence. Licensor reserves the right to reasonably change its minimum insurance requirements. Before commencement of this License, Licensee shall furnish Licensor with Policies or Certificates of Insurance acceptable to Licensor, with additional insured endorsements, confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Licensor. Subrogation against Licensor shall be waived as respects all of the insurance policies set forth above (including but not -3-- AE111111111111 111111 1111111111111B 11111111111 1111 /B71 1 R 35.00 00 02:21P 01239 P678 SDBRF GARFIELD COUNTY RCOO 4of 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 and Employer's Liability insurance. The insurance required hereunder in no way limits or restricts Licensee's obligations under the "Indemnification° provisions of Section 6. Further such insurance shall be in no way limited by any limitation expressed paragraph 6 above, nor any limitation placed on the Indemnity given as a matter of law. No deductible or self-insurance is permitted without approval of Licensor. 8. Events of Default. Should Licensee fail to observe or perform any of its covenants, agreements, or obligations under this license, Licensor shall provide Licensee with written notice of default and thirty (30) days In which to cure the events of default; provided that in any circumstance where the Event of Default cannot be cured within the 30 -day period and Licensee commences to cure such default within thirty (30) days and thereafter diligently pursues the cure of such default to completion, Licensee shall not be in default hereunder if Licensee completes the cure within ninety (90) days. In the event Licensee fails to cure any default in accordance with the provisions of this Paragraph, then in addition to any other remedies Licensor may have, Licensor may terminate this License upon twenty-four (24) hours' written notice to Licensee. 9. Notices. Any notice, demand or communication under or in connection with this Agreement shall be in writing and shall be given at the address specified below or at such other address any such party specifies in writing. Such notice shall be deemed given upon personal delivery or three (3) days after it is sent by prepaid certified mail. LICENSEE: Puckett Land Company 5460 S. Quebec Street, #250 Greenwood Village, CO 80111-1917 Attention; Jeffrey V. Puckett LICENSOR: Union Oil Company of California Asset Management Group 376 South Valencia Avenue Brea, California 92823 Attention: Mary Parish with a copy to: Union Oil Company of California 10735 County Road 215 P.O. Box 907 Parachute, CO 81635 Attention: Property Manager 10. Integration. This Agreement, together with Exhibit "A", constitutes the entire Agreement between Licensor and Licensee pertaining to the subject matter of this Agreement and supersedes and replaces all prior and contemporaneous agreements, representations and understandings of the parties relating thereto. -4— 1 111111 11111 111111 111111 1111 11111 111111 111 11111 1111 1111 5576061 03/2B/2001 02121P B1239 P679 M ALSDORF 6 of 7 R 36.00 b 0.0e GARFIELD COUNTY CO 11. Waiver. No waiver of any of the provisions of this Agreernent shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 12. Assianment. Unocal agrees that Puckett Land Company's successors and assigns if any, will also have unrestricted access through the Licensed Property to Puckett Land Company property for agricultural and hunting purposes provided there is no hunting allowed on Unocal property. Any other use by Puckett Land Company's successors and assigns requires Unocal's written consent, which consent will not be unreasonably withheld. it is also agreed that Puckett Land Company's successors and assigns shall have unrestricted access to United States Bureau Of Land Management grazing preferences known as "Starkey Gulch #08917" and "Riley Gulch #08920" for the purposes of transporting and caring for livestock, and maintaining and inspecting allotments. 13. Attorneys' Fees. If any legal action or proceeding is brought for the enforcement or for a declaration of rights and duties under this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover actual attorneys' fees and other costs incurred In that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 14. No Partnership. This Agreement shall not be construed as creating a partnership between the parties nor to create any other form of legal association, which would impose liability upon one party for the act or failure to act of another party. WHEREFORE, this Agreement is entered into by and between the parties on the date first set forth above. LICENSEE LICENSOR Puckett Land Company UnionOilCmpany of Califo la By. y Vel5Uckett �( Its: 1 re ssi 444- 44 - 5 — -5— 13 B Richer. L. :rammer Its: Asset Manager, Parachute Authorized to sign - per M. Parish authority memo dated 2/i 0/00 and J. Dean e-mail dated 2/14100 11111111111111111111111111111111111111111111111111111111 578061 03/26/2001 02:21P 61239 P680 R ALSDORF 6 of 7 R 35,00 D 0.00 GARFIELD COUNTY CO Awiedgment page for that Access License Agreement dated the day of , 2000. STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) The fore oing instrument was acknowledged before me this .9/sti day of 'Richard L. 13r4,e✓ for and on behalf of UNION OIL COMP. • 3 NIA, dba UNOCAL, a California corporation. e g4Jol ��/w •��' ,•s.••oQ.F: Notary Public OF COI My Comminlon Ergire4 08n8�d003 My commission expires: STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) /llv/D, 3 The foregoing instrument was agolowledged before me this 3/4 day of bo, , 2000, by 17 -fro, U, 114-ke+t for and on behalf of PUCKETT LAND Y. {Nlll flS: C»2th�l�lo Notary Public 1111111 11111 111111 1111 HEM 11111111111 578061 03/26/2001 02121P 81239 P681 R ALSDORF 7 of 7 R 35.00 D 0.00 GARFIELD COUNTY CO `S4i/ 0 L40/f 4 GULCH ACCESS FOOTAGE: 5965' RILEY GULCH FOOTAGE: 13,135' ALLOTMENT BOUNDS ARE APPROXIMATE CONSTRUCTION SURvreS, 0012 SUNRISE BLv,.SILT, CO A 08 (10) S16-615,3 VN�C 1111111 11111 111111 11111 11111 111111 11E11 11111 . 637105 09/23/2003 02:29P B1521 P923 M ALSDORF 1 of 19 R 95.00 D 0.00 GARFIELD COUNTY CO Loan No. 7409.130 DEED OF TRUST AND SECURITY AGREEMENT (Garfield County, Colorado) THIS DEED OF TRUST AND SECURITY AGREEMENT (hereinafter called "Deed of Trust"), made the / ' day of September 2003, between Puckett Land Company, a Colorado corporation, 5460 S. Quebec Street, Greenwood Village, Colorado 80111 (hereinafter collectively called "Trustor"), and the Public Trustee of the County in which the Trust Premises (see paragraph A) are situated (hereinafter called "Trustee"), for the benefit of HALL AND HALL MORTGAGE CORPORATION, a Colorado corporation of the City and County of Denver, Colorado, whose address is 1559 Logan Street, Denver, Colorado 80203 (hereinafter called "Beneficiary"), WITNESSETH: THAT WHEREAS, Trustor Puckett Land Company, a Colorado corporation indebted to Beneficiary in the principal sum of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00) as evidenced by their Fixed Semi -Annual Payment Note of even date herewith (hereinafter called "Note"), providing for installments of principal and interest at the rate set forth in the Note and all other terms and conditions set forth therein, with the balance of the indebtedness, if not sooner paid, due and payable on July 1, 2013. Al TO SECURE for Beneficiary (a) the repayment of the indebtedness evidenced by the Note, 2 with interest thereon, (b) the payment of all other sums advanced in accordance with theNote or this Deed of Trust, including, without limitation, future advances made to or on behalf of Trustor by rBeneficiary pursuant to Paragraph 16 hereof (hereinafter called "Future Advances"), and (c) the O performance by Trustor of all covenants, conditions, stipulations and agreements herein and in the Note contained. Granting Clause Trustor does by these presents GRANT, BARGAIN, SELL, TRANSFER, PLEDGE, MORTGAGE, WARRANT, HYPOTHECATE and CONVEY to Trustee, its successors and assigns forever, in Trust, with Power of Sale all of the following described property, including all of the rights, title, interest and estate of Trustor, in and to the following: A. Land and Improvements As one tract, all those certain lots, pieces or parcels of land and other estates or interests in real estate (hereinafter referred to as the "Land") together with and including all right, title, interest and estate of Trustor therein, situate, lying and being in the County of Garfield, State of Colorado, legally described as on Exhibit A attached hereto and by reference made a part hereof; provided, however, that the Land shall specifically exclude all oil, gas, oil shale and other minerals except as otherwise specifically identified on Exhibit B attached hereto and by reference made a part hereof. Together with all estates, tenements, hereditaments, privileges, easements, franchises, licenses, permits and appurtenances belonging or in any wise appertaining to the Land; and all improvements (hereinafter referred to as the "Improvements") which are located on the Land including, without limitation, buildings, grain bins, storage bins, water towers, windmills, fences, all utility lines and equipment, irrigation and drainage equipment of all types, air conditioning and heating equipment, and all additions, substitutions and replacements thereof. The Land and Improvements are hereinafter collectively referred to as the "Trust Premises". B. Leases, Rents and Other Privileges All rents, issues, revenues and profits including, without limiting the generality of the foregoing, all interest of Trustor in and to all present and future leases, tenancies and occupancies of the Land or the Improvements or ofthose oil, gas or mineral rights specifically identified on Exhibit B, including but not limited to "as -extracted collateral" as that term is defined in the Uniform Commercial Code, or of space in the Improvements and in and to any sublease ofthe aforementioned property, and all the estate, right, title and interest, claim and demand whatsoever, at law or in equity, which Trustor now has or may hereafter acquire in and to such property together with the right, but 1 Rifle, Co 51(,9 SO 1111111 11111 111111 111111111I11I11 1111101 11111 1111 11111 637105 09/23/2003 02;29P B1521 P924 M RLSDORF 2 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO not the obligation, to collect, receive and receipt for all such rents and apply them to the indebtedness secured hereby and to demand, sue for and recover the same when due or payable. By acceptance of this Deed of Trust, the Trustee agrees, not as a limitation or condition hereof, but as a personal covenant available only to the Trustor and subsequent owners of the property, that until an event of default shall occur or shall have been declared by Beneficiary, giving the Beneficiary the right to foreclose this Deed of Trust, Trustor may collect, receive and enjoy such rents. The assignment made by this paragraph shall not impair or diminish the obligation of Trustor under the provisions of such leases nor shall the obligation be imposed upon the Trustee or Beneficiary. C. Other Property Conveyed (]) All rights in and to easements, common areas and access or use rights over roads or rights-of-way or utility easements on adjacent properties heretofore granted to Trustor and any after-acquired title or reversion in and to the beds of any ways, roads, streets, avenues, and alleys adjoining the Trust Premises. (2) All personal property described in Exhibit B attached hereto and by reference made a part hereof. (3) All judgments, awards of damages, settlements and other compensation hereafter made resulting from condemnation proceedings or the taking of the Trust Premises or any part thereof under power of eminent domain. Beneficiary is hereby authorized, on behalf and in the name of the Trustor, to execute and deliver valid acquittances for and to appeal from any such judgments or awards. Beneficiary may apply all such sums or any part thereof so received, after the payment of all its expenses (including costs and attorney's fees) on the indebtedness secured hereby in such manner as it elects, notwithstanding the fact that the amount owing thereon may not then be due and payable or that the said indebtedness is otherwise adequately secured, or, at Beneficiary's sole option, the entire amount or any part thereof so received may be released to Trustor. (4) All rights of Trustor to water for irrigation or other purposes including but not limited to Trustor's riparian rights (if any), rights to subsurface water, rights now or in the future obtained in water available through irrigation projects whether public or private, together with all rights and ownership in any water stock owned in connection with a right to receive water for use upon or in connection with the Trust Premises and including, but not limited to, the water rights described on Exhibit C, attached hereto, and by reference made a part hereof. (5) All rights to receive, participate in, or otherwise secure the benefits of any and all government programs, including but not limited to Conservation Reserve Program payments, set aside programs, payment in kind programs, and government loans which are available for use in connection with the Trust Premises. (6) All rights to drain the Trust Premises including rights in drainage districts (and the right to vote for and elect representatives in such drainage districts) together with all rights of Trustor in agricultural co-operatives for milling, ginning, grinding, storage and marketing of crops harvested from the Trust Premises. (7) All of Trustor's entire right, title and interest in and to existing oil, gas, or other mineral leases, together with all licenses, easements, rights, and privileges, and all incomes, rents, royalties, profits, production, payments out of production and proceeds from the property described in Exhibit B, and all oil, gas, and other minerals hereafter produced from in the property described in Exhibit B to which Trustor is entitled; together with all of Trustor's right, title, and interest in and to the buildings, machinery, equipment, and all other property now or hereafter used in connection with said leases; and together with all of Trustor's right, title, and interest in and to the oil, gas, and other minerals, including but not limited to "as -extracted collateral" as that term is defined in the Uniform Commercial Code, which are located on, in, or under the property described in Exhibit B. Said Exhibit B attached hereto and by reference made a part hereof. 2 1111111111111111111111111111111111111111111111111111111 637103 09/23/2003 02:29P B1521 P925 M ALSDORF 3 of 19 R 96,00 0 0.00 GARFIELD COUNTY CO All of the property, rights and interest described in the foregoing Granting Clause, and intended to be encumbered hereby, being collectively hereinafter referred to as the "Property". TO HAVE AND TO HOLT} the Property unto the Trustee, its successors and assigns, forever. PROVIDED, ALWAYS, that this Deed of Trust is upon the express condition that if the Trustor shall pay or cause to be paid all indebtedness secured hereby and shall keep, perform and observe, all and singular, the covenants and promises in the Note, and the Trustor shall keep, perform and observe, all and singular, the covenants, agreements and provisions in this Deed of Trust expressed to be kept, performed and observed by the Trustor, then this Deed of Trust and the estate and rights hereby granted shall cease, determine and be void and this Deed of Trust shall be released by Beneficiary upon the written request and at the expense of the Trustor. Otherwise, this Deed of Trust shall remain in full force and effect, and provided that the Trustor comply with each and every covenant, condition, term and agreement hereof, possession and the right of possession shall be reserved to Trustor. Trustor covenants and agrees with Trustee and Beneficiary as follows: 1. TITLE TO THE PREMISES. Trustor covenants that the Trustor is lawfully seized of the Property, in fee simple, and has the right to convey the Property; that the Property is free from all liens and encumbrances except otherwise listed herein that Trustee and Beneficiary shall quietly enjoy the Property; and that Trustor does warrant and will defend the title to the Property against all claims, whether now existing or hereafter arising, not hereinbefore expressly accepted. The covenants and warranties of this paragraph shall survive foreclosure of this Deed of Tntst and shall run with the land, 2. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Note and the principal of and interest on any Future Advances secured by the Deed of Trust. 3. TAXES AND ASSESSMENTS. Trustor shall pay, when due before penalty, all taxes and assessments and all other charges whatsoever levied upon or assessed or placed against the Property by making payment directly to the payee thereof or, if the Beneficiary so designates, by making payment in accordance with Paragraph 5 hereof and Trustor shall promptly deliver to Beneficiary any official receipts received by Trustor. Trustor shall likewise pay all taxes, assessments and other charges levied upon or assessed, placed or made against or measured by this Deed of Trust or the recordation hereof or the indebtedness secured hereby, provided that the Trustor shall not be obligated to pay any such tax, assessment or other charge if such payment would be contrary to law or would result in the payment of an unlawful rate of interest on the indebtedness secured hereby. Trustor shall promptly furnish to Beneficiary all notices received by Trustor of amounts delinquent under this paragraph. Trustor agrees to pay a one time fee to reimburse Beneficiary for costs incurred in engaging a tax service to provide periodic reports to Beneficiary on the status of real estate taxes on the Trust Premises. In the event of the passage after the date of this Deed of Trust of any applicable law creating or providing for any tax, assessment or charge which may not be lawfully paid by Trustor, the entire indebtedness secured hereby, together with interest due thereon, shall, at the option of Beneficiary, be immediately due and payable. 4, LIENS. Trustor shall keep the Property free from all Liens, whether prior or subordinate to this Deed of Trust, other than the lien of current real estate taxes and installments of official assessments with respect to which no penalty is yet payable. 5. FUNDS FOR TAXES AND INSURANCE. If requested at any time or from time to time by Beneficiary, Trustor shall make monthly deposits with Beneficiary in addition to the payments required by the Note until the Note is paid in full in a sum (hereinafter "Funds") equal to one -twelfth of the yearly taxes and assessments levied against the Property plus one -twelfth of yearly premium installments on insurance required under Paragraph 8 hereof, all as estimated initially and adjusted from time to time by Beneficiary to be applied by Beneficiary to pay such taxes, assessments and insurance premiums. Unless an agreement is made or applicable law requires that 3 1 11E11 11111 11111 1111 111111 111111 111 11111 HUB 637105 09/23/2003 62:28P B1521 P926 M ALSDORF 4 of 18 R 86.00 D 0.00 GARFIELD COUNTY CO interest be paid on the Funds, no earnings or interest shall be payable to Trustor on the Funds. The Funds are pledged as additional security for the sum secured by this Deed of Trust. Such Funds shall not be, nor be deemed to be, trust funds and, unless applicable law provides otherwise, Beneficiary shall have the right to hold the Funds in any manner Beneficiary elects and may commingle the Funds with other monies held by Beneficiary. Any insufficiency of the Funds to pay the aforesaid charges when due shall be paid by Trustor to Beneficiary on demand upon notice from Beneficiary. If, by reason of default by Trustor and under any provision of this Deed of Trust, Beneficiary declares all sums secured hereby to be due and payable, Beneficiarymay then apply any or all of the Funds against the indebtedness secured hereby. Beneficiary may from time to time waive and after any such waiver reinstate any or all provisions hereof requiring such deposits by notice to Trustor in writing. While any such waiver is in effect, Trustor shall pay taxes, assessments and insurance premiums as herein elsewhere provided and provide Beneficiary with proof of payment of the same. 6. FAILj.JRE TO MAKE PAYMENTS. In the event the Trustor fails to pay any taxes, liens or judgments as herein provided or fails to maintain insurance as herein provided, Beneficiary, at its sole option, may make such payment(s) or provide such insurance, and the amount paid therefor shall be immediately due and payable by Trustor and, until paid, shall be secured by this Deed of Trust and shall bear interest at the default rate provided for in the Note until paid. Such payment by Beneficiary shall not in any way restrict Beneficiary's other rights afforded hereunder or by operation of law. Nothing contained herein shall be construed as requiring Beneficiary to make any payment or maintain any insurance whatsoever pertaining to the subject Property. 7. APPLICATION OF PAYMENTS. Unless applicable law provides otherwise, all payments received by Beneficiary under the Note and Paragraph 5 hereof shall be applied by Beneficiary first in payment of amounts payable to Beneficiary by Trustor under Paragraph 5 hereof (if Beneficiary has requested that periodic deposits be made pursuant to the provisions of paragraph 5), then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. 8. HAZARD INSURANCE. Trustor shall keep the buildings and other improvements now existing or hereafter erected on the Trust Premises insured by insurance carriers satisfactory to Beneficiary against loss by fire and other hazards included in the term "Extended Coverage". The provider of the insurance and the form of policy shall be acceptable to Beneficiary. The policy or policies of insurance shall have loss payable provisions in favor and form acceptable to Beneficiary. Trustor shall pay all premiums on such insurance by making payment, when due, directly to insurance carriers or, if Beneficiary so designates, by making payment in accordance with Paragraph 5 hereof. Beneficiary shall have the right to hold the policies and renewals thereof and Trustor shall promptly furnish to Beneficiary all renewal notices and paid premium receipts. In no event shall Beneficiary be held responsible for failure to pay for any insurance written where the funds deposited pursuant to paragraph 5 are insufficient for such payment or for any loss or damage growing out of a defect in any policy or growing out of any failure of any insurance company to pay for any loss or damage insured against. In the event of loss, Trustor shall give prompt notice by mail to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Trustor. Trustor and Beneficiary shall jointly adjust the insurance provided, however, that if the claim is not paid within forty-five (45) days following the damage or destruction, the insurance may be adjusted by Beneficiary alone at any time after said forty-five day period. Beneficiary is authorized and empowered to collect and receive insurance proceeds, and to apply the insurance proceeds or any part thereof, at the sole discretion of Beneficiary, to the restoration or repair of the Property damaged or to the reduction of the indebtedness secured hereby, in such order of application as Beneficiary may determine. Any such application to the principal of the Note shall not extend or postpone the due date of any installments referred to in the Note or change the amount of such installments. All policies of insurance are hereby assigned to Beneficiary as additional security for the payment of the indebtedness secured hereby. In the event of foreclosure of this Deed of Trust, all 4 1111111 11111 111111 11111 1111 II1III 1111111111111111111111 637105 09/23/2903 02:29P B1521 P927 11 ALSDORF 5 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO right, title and interest of the Trustor in and to any insurance policies then in force shall pass to the purchaser at the foreclosure sale. 9. DUE ON SALE OR ENCUMBRANCE. In the event Trustor, without the prior written consent of Beneficiary, shall sell, convey, transfer, alienate, mortgage, sell on installment contract or encumber the Trust Premises or any part thereof, or any interest therein or shall be divested of his title, or any interest therein in any manner or way, whether voluntary or involuntary, or in the event of any merger, consolidation or dissolution affecting Trustor or a transfer of a majority interest in Trustor or a transfer of a majority interest in any general partner of any Trustor which is a joint venture or general or limited partnership, or in the event of the transfer or other disposition of any interest in Trustor or any entity in Trustors chain of ownership, whereby control of the management and operation of the Trust Premises is no longer in Trustor, then in any of such events at the sole option of Beneficiary, Beneficiary may either (a) declare the entire outstanding principal balance, together with all accrued interest and a prepayment charge calculated in accordance with terms set forth in the Note, to be immediately due and payable, or (b) raise the interest rate due on the Note in which event such rate shall immediately increase to the maximum lawful rate of interest for the jurisdiction in which the Property is located unless the Beneficiary shall otherwise give the Trustor written notice of Beneficiary's election, at its sole option, to accept a specified increased rate of interest which is less than the maximum lawful rate. This provision shall not apply to transfers of title or interest under any Will or Testament or applicable law of descent. 10. BANKRUPTCY. In the event that (a) any Borrower (hereinafter defined) shall file or there shall be filed against such Borrower a petition in bankruptcy or insolvency or a petition or answer seeking any reorganization, an-angement, composition, readjustment, liquidation, dissolution or similar relief under the bankruptcy laws of the United States or under any other applicable Federal, State or other statute or law and such proceeding shall not be dismissed within thirty (30) days after commencement thereof, or (b) a receiver, trustee or liquidator shall have been appointed with respect to Borrower or all or any substantial part of any Borrower's property and such appointment shall not have been vacated within thirty (30) days then, in any such event, Beneficiary may, at its option, declare the principal of the Note hereby secured and then outstanding to be due and payable immediately and upon such declaration the entire said principal so declared to be due and payable together with any other sums secured hereby shall become and be due and payable immediately, anything in this Deed of Trust or in said Note to the contrary notwithstanding, to the extent permitted by law. For the purposes of this paragraph, `Borrower" shall mean any person who executed or assumed the Note or any guarantor of the Note or any owner of the Trust Premises, or of any interest therein, including any shareholder of a corporation, joint venture or joint venturer, general or limited partnership or general partner, or land trustee or beneficiary (or any general partner or joint venturer of any joint venture or general or limited partnership which is a beneficiary). 11. PRESERVATION OF PROPERTY. Trustor shall keep the buildings and other improvements now or hereafter erected on the Trust Premises in good repair and condition and shall provide all utility services necessary for the operation and preservation of the Property. Trustor shall commit or permit no waste and shall not materially alter the design or structural character of the buildings now or hereafter erected on the Land without the prior written consent of Beneficiary and in no event shall Trustor do any act or thing which would unduly impair or depreciate the value of the Property. Trustor shall not abandon the Property. Trustor shall conform to the standards of good husbandry and shall, at all times, act so as to minimize erosion and depletion of the soil. Trustor shall utilize available water in conformance with current agricultural practices so as to avoid excessive depletion of available water supplies. 12. RIGHT TO INSPECT, Beneficiary, or its agents, shall have the right, at all reasonable times, to enter upon the Trust Premises for the purposes of inspection thereof without thereby becoming liable to Trustor or any person in possession holding under Trustor provided, however, Beneficiary shall give Trustor notice prior to any such inspection. 13. PROTECTION OF BENEFICIARY'S SECURITY. If Trustor fails to perform any of the covenants and agreements contained in this Deed of Trust or if any action or proceeding is commenced which does or may adversely affect the Trust Premises or Property or the interest of the Trustor or Trustee or Beneficiary therein, or the title of the Trustor thereto, or if Trustee or Beneficiary shall be made a party to any such action or proceeding, including a Bankruptcy proceeding in which the Trustor or any Borrower as defined in Paragraph 10 is a debtor, then the 5 111111 1111 11111 111111 111111 111111111 IFI 111 111 637105 ef19 R,96.000D 0?009P 9152I GARFIELDPDORF COUNTY CO Beneficiary, at its sole option, may perform such covenants and agreements, defend against and/or investigate such action or proceeding, obtain appraisals and take such other action as Beneficiary deems necessary to protect Beneficiary's interest. Beneficiary shall be the sole judge of the legality, validity and priority of claims, liens, encumbrances, taxes, assessments, charges and premiums paid by it and of the amount necessary to be paid in satisfaction thereof. In the event that, after damage to or destruction of the Trust Premises or condemnation of a portion thereof or a sale under threat thereof, the Beneficiary elects to restore the Trust Premises and the insurance, sale or condemnation proceeds as the case may be which are paid to Beneficiary are not sufficient for such restoration, Beneficiary may effect the restoration in such manner as it determines. Beneficiary is hereby given the irrevocable power of attorney (which power is coupled with an interest given for security and is irrevocable) to enter upon the Trust Premises as the Trustor's agent and in Trustor's name to perform any and all covenants to be performed by the Trustor as herein provided. All amounts disbursed or incurred by Beneficiary pursuant to this Paragraph 13, including but not limited to reasonable attorney's fees, shall be payable upon demand, shall bear interest at the default rate set forth in the Note from the date of disbursement or the date incurred and shall become an additional amount secured hereunder. Beneficiary shall, at its option, be subrogated to any encumbrance, lien, claim or demand, paid or discharged by Beneficiary, and to all the rights and securities for the payment thereof and any such subrogation rights shall be additional and cumulative security for this Deed of Trust. Nothing contained in this Paragraph 13 shall require Beneficiary to incur any expense or do any act hereunder and Beneficiary shall not be liable to Trustor for any damages or claims arising out of action taken or not taken by Beneficiary pursuant to this Paragraph 13. 14. FORBEARANCE BY BENEFICIARY NOT WAIVER. Any delay or forbearance by Beneficiary in exercising any right or remedy hereunder or otherwise afforded by law or equity shall not be a waiver of or preclude the exercise of any such right or remedy or any other right or remedy hereunder or at law or equity. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the indebtedness secured hereby. Beneficiar)rs receipt of any awards, proceeds or damages under Paragraph 8 or Granting Clause C-3 thereof shall not operate to cure or waive default by Trustor. 15. TRUSTOR NOT RELEASED; PRIORITY SUBSEQUENT TO MODIFICATION. Extension of time forpayment or modification of amortization of sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of the original Trustor and Trustor's successors in interest. Beneficiary shall not be required to commence proceedings against any such successor and may or may not refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Trustor and Trustor's successors in interest. Any agreement hereafter made by Trustor and Beneficiary relative and pursuant to this Deed of Trust shall be superior to the rights of the holder of any intervening lien or encumbrance. 16. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at its option, prior to discharge of this Deed of Trust, may make Future Advances to Trustor. Such Future Advances, with interest thereon, shall be secured by this Deed of Trust. Nothing herein contained shall imply any obligation on the part of any holder of the Note to make any such additional loan. Future advances, if any, will not exceed 25% of the principal amount set forth on the first page of this Deed of Trust. 17. DEFAULT. Each of the following occurrences shall constitute an event of default hereunder: a. Failure of Trustor to pay when due any amount payable under the Note or any other indebtedness secured by this Deed of Trust; b. Failure of Trustor to duly perform or observe any of the other covenants contained in this Deed of Trust and/or the Note; 6 1E11 11111 111111 11111 1111 NEIN 111111 111 11111 1111 111 637105 09/23/2003 02129P B1521 P929 M ALSDORF 7 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO c. Commission by Trustor of any act of bankruptcy or a general assignment for the benefit of creditors, or if any proceeding is instituted by or against Trustor for any relief under any bankruptcy or insolvency laws, or if a receiver is appointed or a writ or order of attachment or garnishment is made or issued, or if any proceeding or procedure is commenced or any remedy supplementary to or in enforcement of a judgment is employed against, or with respect to any property of Trustor; d. Any representation or warranty made by Trustor herein is untrue or misleading in any material respect; or e. A default in any other security instrument taken in conjunction with the Deed of Trust shall constitute a default in the Deed of Trust. Upon occurrence of any such event of default, Beneficiary may declare immediately due and payable all indebtedness secured by this Deed of Trust and foreclose the Deed of Trust by action or advertisement, pursuant to the statutes of the State in which the Trust Premises are located with Beneficiary and Trustee having the full power of sale granted by said statutes. The proceeds of the sale shall be applied in the following order (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorney's fees and costs of title evidence to the full extent permitted by law; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. WAIVER: }HOMESTEAD AND SEPARATE TRACTS. Trustor acknowledges that the Property has been offered to Beneficiary as a single economic unit, and has been valued as such by Beneficiary for the purpose of appraising the security furnished thereby. Trustor, for itself and for all others claiming through or under it, hereby irrevocably waives and relinquishes (to the extent, if any, permitted by applicable law) all benefit from and agrees to never plead or take advantage of any and all present and future laws, regulations or decisions, in every jurisdiction, state or federal, relating to (a) homestead, dower, curtesy, or other similar exemptions; (b) requirement that the Property be sold as separate tracts or units in event of foreclosure hereof and Trustor hereby authorizes and empowers Beneficiary, in such event, to sell the Property in one tract or otherwise, at its sole option, anything in this Deed of Trust to the contrary notwithstanding; (c) the valuation or appraisement of the Property prior to any sale thereof; (d) any stay, moratorium or extension of the time of any sale of the Property; and (e) marshalling of assets. 19. SEPARATE ESTATES. As an express inducement to Beneficiary to make the loan secured hereby and for other good and valuable consideration to the Trustor, in hand paid, receipt whereof is hereby acknowledged, Trustor does hereby waive for himself, his heirs, executors and assigns, in the event of foreclosure of this Deed of Trust, any equitable right, otherwise available to either, in respect to marshalling of assets hereunder so as to require the separate sales of the fee estate and leasehold estate encumbered hereby or to require Beneficiary to exhaust its remedies as against either the fee estate or leasehold estate before proceeding against the other and further, in the event of such foreclosure, Trustor does hereby expressly consent to and authorize, at the option of the Beneficiary, the sale, either separately or together, of the fee estate and leasehold estate, or otherwise, the merger, prior to sale, of the leasehold estate into the fee estate in order that the fee estate may be sold free and clear of such leasehold estate. 20. ADDITIONAL SECURITY DOCUMENTS. This Deed of Trust shall constitute a security agreement with respect to (and the Trustor hereby grants the Beneficiary a security interest in) all personal property and fixtures included in the Property, including but not limited to the items described on Exhibits A, B and C attached hereto and by this reference made a part hereof including proceeds thereof. The Trustor, upon request by Beneficiary, will execute, acknowledge and deliver to Beneficiary a Security Agreement, Financing Statement or other similar security instruments, in form satisfactory to Beneficiary, covering any Property which, in the sole opinion of Beneficiary, is essential to the operation of the Trust Premises and concerning which there may be any doubt whether the title to same has been conveyed by or a security interest perfected by this Deed of Trust under the laws of the State in which the Trust Premises is located and Trustor will further execute, acknowledge and deliver any financing statement, affidavit, continuation statement or certificate or other document as Beneficiary may request in order to perfect, preserve, maintain, continue and extend the security interest under and the priority of such security instrument. The Trustor further agrees to pay to Beneficiary, on demand, all costs and expenses incurred by Beneficiary (including, 7 1 111111 11111 111111 11111 1111 111111 111111 III 11111 1111 1111 637105 08/23/2003 02:29P 01521 P930 M ALSDORF 8 of 19 R 98.00 D 0.00 GARFIELD COUNTY CO but not limited to, reasonable attorney's fees) in connection with the preparation, execution, recording, filing and refiling of any such document and in connection with the exercise of any right or remedy hereunder. Trustor further agrees to execute or re -execute any and all documents as may be necessary to correct or perfect the interest of the Beneficiary granted by this instrument. 21. NO WATER SALES. Trustor shall not enter contracts to supply water to third persons or other properties without the prior written consent of Beneficiary. No such contract shall subject Trustor or any successor in interest to regulation and governance by a public body or as a public utility or water company. 22. ADDITIONAL FILINGS. Trustor shall, as may be requested by Beneficiary from time to time, execute such documents and assist in filing or recording thereof as may be necessary in the sole judgment of Beneficiary to perfect Beneficiary's lien upon any or all of the Property. 23. COLLECTION OF RENTS/APPOINTMENT OF RECEIVER. With respect to rents, issues and profits herein assigned, Trustor does hereby appoint Beneficiary his attorney-in-fact (which power is coupled with an interest given for security and is irrevocable) to receive, collect and receipt for all sums due and owing for such use, rents and occupations as the same may accrue and out of the amount so collected to pay and discharge all sums delinquent under the terms of this Deed of Trust. For the purpose aforesaid, Beneficiary may enter upon and take possession of the Trust Premises and/or Property and manage and operate the same and take any action which, in Beneficiary's sole judgment, is necessary or proper to conserve the value of the same. Beneficiary may also take possession of and, for these purposes, use any and all of the Property used by Trustor in the operation, rental or leasing thereof or any part thereof. The expense, including any Receiver's fees incurred pursuant to the powers herein contained, shall be secured by this Deed of Trust. Beneficiary shall not be liable to account to Trustor for any action taken pursuant hereto other than to account for any rents actually collected by Beneficiary. To the fullest extent permitted by law, Trustor does hereby consent to the appointment of a Receiver for the Trust Premises by any court of competent j urisdiction upon Beneficiary's request at any time Trustor is in default or shall have been declared by Beneficiary to be in default under any of the provisions of the Note or the provisions of paragraph 17 above. 24. COMPLIANCE WITH LAW; HAZARDOUS MATERIALS. Trustor will at all times comply and will cause all tenants/occupants of the Trust Premises to comply with all present and future laws and requirements of any governmental body relevant to the Trust Premises and Trustor's ownership and operation of the Trust Premises including, without limitation, all laws and regulations regarding the use, discharge, generation, removal, transportation, storage, disposal or handling of any insecticides, pesticides, herbicides and other toxic, hazardous or dangerous chemicals, substances and materials, or the containers in which they are shipped, handled or stored, on or about the Trust Premises. Any breach of this provision by Trustor will be deemed a default under the Deed of Trust and Beneficiary will be entitled to exercise all rights granted by the Deed of Trust in the event ofa default by Trustor or otherwise available at law or in equity including, without limit, the foreclosure of its lien on all or some of the Trust Premises, expressly reserving the right to exclude from such foreclosure any portions thereof which are, have or may become contaminated by or with toxic/hazardous materials or substances. Upon request of Beneficiary, Trustor shall periodically perform and provide Beneficiary with the results of environmental inspections or audits. If at any time, levels of contamination exceed any relevant standard established by applicable laws and regulations, Trustor shall promptly correct the problem. Trustor shall promptly provide Beneficiary with copies of all notices received from any federal, state or local governmental agency with regard to the possible or actual violation of a statute that would be a violation of this condition. Trustor will not license, authorize, permit, agree or consent to the dumping or disposal on the property of any products, materials, chemicals, substances or by-products, of any nature whatsoever, by any third -party during the term of the Deed of Trust. Beneficiary will have the right during the term of the Deed of Trust to enter the Trust Premises for purpose of inspection thereof to enforce compliance with this condition and any other term or condition of the loan. Trustor hereby grants Beneficiary, its agents and employees an irrevocable and non-exclusive license to enter upon the Trust Premises, at Beneficiary's sole option, 8 1 111111 11111 111111 1111 1111 111111 111111 111 11111 1111 1111 837103 09/23/2003 02:29P 01521 P931 M RLSDORF 9 of 19 R 96.00 D 0.00 GRRFIELD COUNTY CO to conduct testing and to remove or arrange for the removal of hazardous/toxic wastes or substances and the costs of testing and removal shall immediately become due to Beneficiary and shall be secured by this Deed of Trust. Nothing contained herein shall be construed as requiring Beneficiary to conduct tests or undertake removal of hazardous/toxic waste or substances from the Trust Premises. Similarly, if Beneficiary shall begin testing or removal activities upon the Trust Premises, nothing contained herein shall be construed as requiring Beneficiary to complete any such activities once the same are begun. Rather, Beneficiary shall have the absolute right to cease and terminate any testing or removal activities on the Trust Premises, at any time and at its sole election, without any duty, responsibility or liability for completion of the same. Trustor shall not install or permit to be installed in the Trust Premises, friable asbestos or any substance containing asbestos and deemed hazardous by federal, state or local laws respecting such material. With respect to any such material currently present in the Trust Premises, Trustor shall promptly comply with such federal, state or local laws, rules, regulations or orders, at Trustor's expense. If Trustor shall fail to so comply, Beneficiary may declare this Deed of Trust to be in default. Trustor will indemnify and hold Beneficiary harmless from and against any or all loss, cost, damage, expense or liability it may suffer (including, without limitation, attorney's fees and costs incurred in the investigation, defense and settlement of claims) that Beneficiary may incur as a result of or in connection with the assertion of any claim relating to the presence or removal of any hazardous waste or substance described in this section or a breach of this section by Trustor, any agent or employee of Trustor, or any predecessor or successor in interest with respect to the Trust Premises. The indemnities described in this section shall survive any termination, satisfaction or foreclosure of this Deed of Trust. 25. ABANDONWNT OF PERSONAL PROPERTY. Any personal property remaining upon the Trust Premises after the Trust Premises has been possessed or occupied by Beneficiary following foreclosure of this Deed of Trust or any deed in lieu of foreclosure shall be conclusively presumed to have been abandoned by Trustor or any other former owner thereof. Beneficiary shall in no way incur any liability or obligation to Trustor or any former owner of said personal property by reason of any action which Beneficiary in its sole discretion chooses to take with respect to said personal property. In no event shall Beneficiary be required to take any affirmative action in preserving, protecting or otherwise overseeing the deployment or storage of said personal property, nor shall Beneficiary incur any liability to Trustor or any former owner of said personal property because of failure to take such affirmative action with respect thereto. 26. BENEFICIARY'S REMEDIES CUMULATIVE. All remedies of Beneficiary are distinct and cumulative to any other remedy and right under this Deed of Trust or afforded by law or equity and may be exercised concurrently or independently and as often as the occasion therefor arises. If the indebtedness secured hereby is now or hereafter, in whole or in part, further secured by security agreements, financing statements, pledges, contracts of guaranty, assignment of leases or other securities, Beneficiary may, at its sole option, exhaust any one or more of said securities and the security hereunder, either concurrently or independently, and in such order as it may determine. 27. SUCCESSORS AND ASSIGNS; JOINT AND SEVERAL LIABILITY; CAPTIONS. The covenants and agreements herein contained shall bind and the rights hereunder shall inure to the respective heirs, legal representatives, successors and assigns of the Beneficiary and Trustor. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All covenants and agreements of Trustor shall be joint and several provided, however, that nothing contained in this Deed of Trust in anyway shall obligate Trustor's spouse to pay the Note or other indebtedness secured herebyunless such spouse also signs the Note. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 28. ASSIGNMENT OF DEED OF TRUST. Beneficiary shall have the right, in its sole discretion, at any time during the term of this Deed of Trust to sell, assign, syndicate or otherwise transfer and/or dispose of all or any portion of its interest in the Note and this Deed of Trust and Trustor hereby permits and consents to Beneficiary's submission to its assignees of all financial data and all other information furnished by Trustor to Beneficiary. 9 MEI 11111 111111 11111 1111 I11I11111111 III 111111111 III 637103 09/23/2003 02:29P B1521 P932 M ALSDORF 10 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO 29. APPOINTMENT OF RECEIVER. Trustor hereby grants to Beneficiary the right upon a default by Trustor, to secure and receive a court appointed Receiver for the Trust Premises. THE APPOINTMENT OF THE RECEIVER (THE "RECEIVER") MAY BE UPON EX PARTE MOTION BY BENEFICIARY WITHOUT NOTICE TO TRUSTOR. Trustor hereby waives any right to notice for the appointment of a Receiver, but Trustor reserves the right to contest, at a later date, the existence of Trustor's default. The Receiver shall have the right to immediately take possession of the Property, collect rents, engage a farm, ranch or grove management company to oversee daily activities, hire attorneys and accountants, expend funds for the preservation of the Property, sell crops and otherwise control the Property under direction of the Court. All costs and expenses of the Receiver, including fees and commissions payable to the Receiver and the Receiver's attorney's and accountant's fees, shall be paid by Trustor, and such repayment is secured by this Deed of Trust. 30. LITIGATION, COLLECTION AND BANKRUPTCY FEES AND EXPENSES. Beneficiary may appear in or defend any action or proceeding at law or in equity, purporting to affect the security hereof, and Trustor hereby agrees to pay to Beneficiary (to the full extent permitted by law) all costs, charges and expenses, including costs of evidence of title and attomey's fees, in a reasonable sum, incurred in any such action or proceeding in which Beneficiary may appear or defend. Upon the commencement of any proceedings to collect the indebtedness or disbursements secured hereby, or any part thereof, by foreclosure of this Deed of Trust or otherwise, there shall become due and Trustor agrees to pay (to the full extent permitted by law) all costs, fees and expenses of such proceeding, including, without limitation, a reasonable sum as and for an attomey's fee, as an additional indebtedness hereunder and under the Note secured hereby and it is agreed that this Deed of Trust shall stand as security therefor. It is also agreed that Trustor will pay any amount Beneficiary may incur or pay for any abstract or continuation of abstract of title, certificate of insurance or title or other evidence of title, subsequent to this date, on any of the Property and this Deed of Trust shall secure payment thereof. 31. CONTINUING LIABILITY OF TRUSTOR, Without affecting the liability ofTrustor or any other person (except any person expressly released in writing) for payment of any indebtedness secured hereby or for performance of any obligation contained herein, and without affecting the rights of Beneficiary with respect to any security not expressly released in writing, Beneficiary may, at any time and from time to time, either before or after the maturity of said Note, and without notice or consent, (a) release any person liable for payment of all or any part of the indebtedness or for performance of any obligation; (b) make any agreement extending the time or otherwise altering the terms of payment of all or any part of the indebtedness, or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (c) exercise or refrain from exercising or waive any right Beneficiary may have; (d) accept additional security of any kind; and (e) release or otherwise deal with any property, real or personal, securing the indebtedness, including all or any part of the Property herein described. 32. INSPECTION OF FSA RECORDS. Trustor hereby grants to Beneficiary, its officers and employees and Beneficiary's successors and assigns, the right to inspect and copy any and all records, reports, applications, forms and correspondence in the office of the United States of America, Department of Agriculture, Fenn Service Agency (FSA) which relate to Trustor or the Trust Premises. 33. ERISA. Trustor represents and warrants that the Trust Premises are not the assets of an employee benefit plan and that neither the Note nor the exercise of Beneficiary's rights under the Note and Deed of Trust constitute a nonexempt prohibited transaction under the Employee Retirement Income Security Act of 1974 ("ERISA"). In addition, Trustor represents and warrants to Beneficiary that neither it nor any of its partners or stockholders, as the case may be, will engage in any transaction which would cause the Note and Deed of Trust (or the exercise by Beneficiary of any of its rights under the Note and Deed of Trust) to be a nonexempt prohibited transaction under ERISA. 34. NOTICE. Any notice from Beneficiary to Trustor hereunder shall be deemed to have been given by Beneficiary and received by Trustor when mailed by certified mail by Beneficiary to Trustor at the Property or at such other address as Trustor may designate, in writing, to Beneficiary. Any notice from Trustor to Beneficiary under this Deed of Trust shall be deemed to have been given 10 111111111111111111111111111 IIIIII IIII111111111111111111 637105 09/23/2003 02:29P 61521 P933 M ALSDORF 11 of 19 R 96,00 D 0.00 GARFIELD COUNTY CO by Trustor and received by Beneficiary when received by Beneficiary at the Beneficiary's address stated above or at such other address as Beneficiary may designate to Trustor. 35. ANNUAL BALANCE SHEETS AND OPERATING STATEMENTS. Upon Beneficiary's request and within thirty days thereafter, Trustor shall furnish Beneficiary with current balance sheets and/or operating statements of like kind and quality and containing similar information as to income and expenses as was submitted by Trustor at the time of Trustor's loan application. The right of the Beneficiary to request financial information as provided herein shall include the right to request information for multiple years but this right shall not be exercised more frequently than once each calendar year and no single request shall require the Trustor to produce financial information for a period of greater than the three (3) preceding years. 36. APPOINTMENT OF SUBSTITUTE TRUSTEE. Without consent of or notice to Trustor, Beneficiary has the absolute right and power, with or without reason, to appoint a successor substitute trustee to act in the place of Trustee or a substituted trustee without any formality other than a designation in writing or a successor substitute trustee. Following an appointment of a successor substitute trustee by Beneficiary, the substituted trustee shall have all rights, powers, benefits, indemnities and authority herein granted to the Trustee in this Deed of Trust. The Beneficiary may act as Trustee or substituted trustee through any authorized officer, or by any agent or attorney-in-fact properly authorized by any such officer. 37. GOVERNING LAW; SEVERABILITY. This Deed ofTnist shall be governed by the laws of the State in which the Trust Premises is located. In the event any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provisions and, to this end, the provisions of the Deed of Trust are declared to be severable. In the event that any applicable law in effect on the date hereof limiting the amount of the interest or other items which may be !awfully charged against the Trustor is interpreted in a manner such that any payment provided for in this Deed of Trust or in the Note, whether considered separately or together with other payments that are considered a part of this Deed of Trust and Note transaction, violates such law and Trustor is entitled to the benefit of such law, such payment is hereby reduced to the extent necessary to eliminate such violation. 38. DELIVERY OF NOTE AND DEED OF TRUST. Trustor shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 39. RIDERS. Other than the exhibits specifically referred to herein, each of which is hereby incorporated in and made a part of this Deed of Trust by this reference, there are no Riders attached to this Deed of Trust. IN TESTIMONY WHEREOF, Trustor has hereunto set their hand and seal the day and year first above written. Corporate Seal ATT RAE' a,Secretary of �c1lt,Tm• pany jS. \ 5 ▪ i Puckett Land Company, a Colorado corporation J-=2 11 Je ey V. Puckett, President 111 EE11 11E1I 111111 11111 1111 11111! 111111 111 111111 I II 1111 637105 09/23/2003 02:29P 61521 P934 M ALSDORF 12 of 19 R 96.00 D 0.00 BARFIELD COUNTY CO STATE OF COLORADO ) )ss.: COUNTY OF'pt,,,vet- ) The foregoing Deed of Trust and Security Agreement was acknowledged before me this day of September 2003, by Jeffery V. Puckett as President of Puckett Land Company, a Colorado corporation, and R.E. Puckett, as Secretary of Puckett Land Company, a Colorado corporation. NO�„ .. • .. y hand and official seal. %A.,' . ye�jn ton expires: \v'' `G c3 i' �o>�,*`G'or Notary Public .'' , P . 'oma 12 EXHIBIT "A" LEGAL DESCRIPTION Puckett Land Company PARCEL 1 Township 6 South, Range 96 West of the 6th P.M. Section 19: SW1/4 (Jessye B No. 3 Placer Claim) Section 30: NW1/4 (Jessye B No. 4 Placer Claim) SW1/4 (Jessye B No. 7 Placer Claim) Lots 3 and 4 and W1/2SE1/4 (Jessye B No. 8 Placer Claim) Section 31: NW1/4 (Jessye B No. 9 Placer Claim) Lots 6, 7, N1/2SW114 (Jessye 8 No. 12 Ptacer Claim) Lots 5, 8, 9, NW1/4SE 1 /4 (Jessye B No. 18 Placer Claim) Section 32: Lots 3, 6, 7, 8 (SW1 /4NW1/4, N1/2SW1/4, NW1/4SE1/4) Township 7 South, Range 96 West of the 681 P.M. Section 6: Lots 6, 7, S1/2NW114 (Jessye B No, 14 Placer Mining Claim) SW1/4 (Jessye B No. 15 Placer Mining Claim) Lots 4, 5, S1/2NE1/4 (Grand View No. 6 Placer Mining Claim) SE1/4 (Grand View No. 5 Placer Mining Claim) Section 7: NE1/4 (Grand View No. 2 Placer Mining Claim) NW1/4 (Grand View No, 1 Placer Mining Claim) Section 8: NW1/4 (Grand View No. 3 Placer Mining Claim) Township 6 South, Range 97 West of the 6th P.M. Section 23: NE1/4 (Denver No. 117 Placer Mining Claim) NW1/4 (Denver No. 118 Placer Mining Claim) SE1/4 (Denver No. 119 Placer Mining Claim) SW1/4 (Deriver No. 120 Placer Mining Claim) Section 24: NE1/4 (Jessye B No. 1 Placer Mining Claim) NW1/4 (Denver No, 122 Placer Mining Claim) SE1/4 (Jessye B No. 2 Placer Mining Claim) SW1/4 (Denver No. 124 Placer Mining Claim) Section 25: NE1/4 (Jessye B No. 5 Placer Mining Claim) SE1I4 (Jessye B No. 6 Placer Mining Claim) NW114 (Denver No. 98 Placer Mining Claim) SW1/4 (A.O.S.P. No. 1 Placer Mining Claim) Section 26: NE1/4 (Denver No. 101 Placer Mining Claim) NW1/4 (Denver No. 102 Placer Mining Claim) SE1/4 (A.O.S.P. No. 10 Placer Mining Claim) SW1/4 (A.O.S.P. No. 11 Placer Mining Claim) Lots 1, 2, Section 36, Township 6 South, Range 97 West, and Tract 59, Section 1, Township 7 South, Range 97 West, 6th P.M. (Jessye B No. 10 Placer Mining Claim) Lots 3, 4, Section 36, Township 6 South, Range 97 West , 6th P.M. and Tract 62, Section 1, Township 7 South, Range 97 West, 6th P.M. (A.O.S.P. No. 2 Placer Mining Claim) HUM 111111 1E111 11111 1111 111111111111111 MIN 837105 09/23/2003 02;29P 81521 P933 Al ALSDORF 13 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) Lots 1 and 2 of Section 35, Township 6 South, Range 97 West, 6th P.M. and Tract 65, Township 7 South, Range 97 West, 6th P.M. (A.O.S.P. No. 9 Placer Mining Claim) Lots 3, 4, Section 35, Township 6 South, Range 97 West, 6th P.M. and Tract 68 of Section 2, Township 7 South, Range 97 West, 6th P.M. (Ruth No. 1 Placer Mining Claim) Township 7 South. Range 97 West of the 6th P.M. Section 1: Tract 60 (Jessye B No. 11 Placer Mining Claim) Tract 63 (A.O.S.P. No. 3 Placer Mining Claim) Section 2: Tract 66 (A.O.S.P. No. 8 Placer Mining Claim) Tract 69 (A.O.S.P. No. 12 Placer Mining Claim) Section 12: S1/2N1i2S1/2N1/2NE114; S1/2S1/2N1/2NE1/4; S1/2NE114; N1/2N1/25E1/4; N112N1/2S112N112SE1/4 (Jessye B No. 16 Placer Mining Claim) S1/2N1/2S1/2N1/2NW1/4; S1/2S1/2N1/2NW1/4; S1/2NW1/4; N1/2N1/2SW1f4, N1/2N1/2S1/2N112SW114 (A.O.S.P. No. 5 Placer Mining Claim) Section 11: S1/2N11251/2N1/2NE1/4; Sf/281/2N1/2NE1i4; S112NE114; N1/2N1i2SE114; N1l2N112S1/2N1/2SE1/4 (A.O.S.P. No. 6 Placer Mining Claim) S1/2N1/2S1/2N1/2NW1/4; S1/2S1/2N1/2NW1/4; S1/2NW114, N1/2N1/2SW1/4, N1/2N112S1/2N1/2SW114 (A.O.S.P. No. 14 Placer Mining Claim) Lots 5, 6 and S1/2SE1/4, Section 1, and N1/2N1/2NE1/4; N1/2N1/2S1/2N1/2NE1f4, Section 12, Township 7 South, Range 97 West, 8th P.M. (Jessye B No. 13 Placer Mining Claim) Lots 7, 8 and S1/2SW1/4, Section 1 and N112N1/2NW1/4; N112N1/2S1/2N1f2NW1/4, Section 12, Township 7 South, Range 97 West , 6th P.M. (A.O.S.P. No. 4 Placer Mining Claim) Lots 5 and 6, S1/2SE1/4 of Section 2; N1/2N1/2NE1/4; N1/2N1/251/2N112NE1/4 of Section 11, Township 7 South, Range 97 West, 6th P.M_ (A.O.S.P. No. 7 Placer Mining Claim) Lots 7 and 8; S1/2SW1/4 of Section 2, and N1/2N1/2NW1/4; N1/2N1/2S1/2N1/2NW1/4 of Section 11, Township 7 South, Range 97 West, 6th P.M. (A.O.S,P. No. 13 Placer Mining Claim) PARCEL 2 Township 7 South, Range 96 West of the 6th P.M. Section 7: SE1/4 (Annex No. 7 Placer Mining Claim) Section 8: SW1/4 (Annex No. 8 Placer Mining Claim) Section 17; NW1/4 (Annex No. 3 Placer Mining Claim) Section 18: NE1/4 (Annex No. 4 Placer Mining Claim) NW1/4 (Annex No. 5 Placer Mining Claim) 1111111 11111 111111 EN 11 111111 11111III 111111 III 1111 637105 09/23/2003 02:29P 81521 P936 M ALSOORF 14 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO PARCEL 3 Township 6 Section 28: Section 33: Section 34: Township 7 Section 3: EXHIBIT ".A" (CONTINUED) South, Range 97 West of the 6th P.M. S1/2 Tying South and East of the Mahogany Marker (Part of Denver No. 111 and 112 Placer Mining Claims) Lots 1 and 2 (Deriver No. 81 Placer Mining Claim) Lots 3 and 4 Tying South and East of the Mahogany Marker (Part of Denver No. 82 Placer Mining Claim) Lots 3 and 4 (Denver No. 86 Placer Mining Claim) South, Range 97 West of the 6th P.M. Lots 8 and 9, Subtracts A and 13 of Tract 74 Tract 76 Subtracts A, 0, E and G of Tract 77 Tract 78 lying South and East of the Mahogany Marker Subtracts A, B, C and D of Tract 79 That portion of Tract 80 Tying In Section 4 lying Southerly and Easterly of the Mahogany Marker That portion of Tract 81 lying in Section 4 Tying Southerly and Easterly of the Mahogany Marker (Denver No. 35) (Denver No. 38) (Part of Denver No. 40) (Denver No. 39) (Part of Denver No. 41) (Part of Deriver No. 42) (Part of Denver No. 44) EXCEPTING from Parcel 3 any portion conveyed in deed recorded October 21, 1965 in Book 370 at Page 385. PARCEL 4 Township 7 South, Range 96 West of the 6th P.M.. Section 13: Lots 4, 10, 11, 12 and 13 Section 14: E1/2SE1/4 Section 23: Lot 1 Section 24: Lots 2, 3 and 4 A tract of land located between the meander line of the Teff bank of the Colorado River as shown upon the Government Land Office Plat of March 12, 1890 and the present course of the Colorado River, located in portions of Section 13 and 24, Township 7 South, Range 96 West of the 61h P.M. and more particularly described as follows: 1111111 111111111111111111111111111111111111111111111111 637103 09/23/2003 02 29P 81521 P937 M ALSDORF 13 of 19 R 95.00 D 0 00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) Commencing at a point on the meander line of the right bank of the Colorado River as shown upon the plat of March 12, 1890, from which a Bureau of Reclamation Brass Cap monumenting the E114 corner of said Section 13 bears North 46°24'39" East 3113.80 feet; thence South 00°00'00" West 469.09 feet; thence South 88°52'30" East 202.82 feet; thence along a line dividing the meander lines of the right and left banks of the Colorado River as shown upon the plat of March 12, 1890, South 34°29'42" West 1613.03 feet; thence along a line dividing the meander lines of the right and left banks of the Colorado River as shown upon the plat of March 12, 1890, South 85°25'54" West 498.70 feet to the centerline of the Colorado River; thence along the centerline of the Colorado River the following courses and distances: North 11°36'23" East 125.89 feet; thence North 10°25'07" West 69.66 feet; thence North 21°47'16" West 276.15 feet; thence North 25°18'47" West 276.96 feet; thence North 29°19'01" West 110.09 feet; thence North 10°45'40" West 179.48 feet; thence North 49°47'54" East 183.27 feet; thence North 40°21'20" East 112.62 feet; thence North 26°04'00" East 246.36 feet; thence North 26°23'34" East 115.11 feet; thence North 20°19'47" East 86.22 feet; thence North 31°53'57" East 109.83 feet; thence North 17°46'08" East 322.89 feet; thence South 81°10'00" East 955.94 feet to the POiNT OF BEGINNING. EXCEPTING those portions conveyed to the railroad by deeds recorded in Book 20 at Page 3 as Reception No. 9774, Book 20 at Page 4 as Reception No. 9775 and to the Department of Highways recorded in Book 280 at Page 359 as Reception No. 187508, Book 280 at Page 362 as Reception No. 187509, Book 597 at Page 512 as Reception No. 326867, Book 632 at Page 253 as Reception No. 344457. PARCEL A Township 6 South, Range 96 West of the 6th P.M. Section 28: S1/2NW1/4 All that part of the NW1/4SW1/4 (Lot 9) and all that part of the NE1/4SW1/4 lying North of the following described line; Beginning at the Southwest corner of Lot 9, Section 28, Township 6 South, Range 96 West of the 6th P.M., Garfield County, Colorado, from which point the Southwest corner of said Section 28 bears South 00°27'59" East, a distance of 1338.91 feet; thence North 00°27'59" West along the West line of said Section 28, a distance of 339.23 feet; thence North 83°30'52" East a distance of 70.44 feet; thence North 26°19'46" East a distance of 192.27 feet thence South 57°24'59" East a distance of 234.65 feet; thence North 87°18'36" East a distance of 55.01 feet; thence North 36°24'48" East a distance of 269.26 feet; thence North 82°00'41" East a distance of 27.17 feet; thence South 20°31'22" East a distance of 123.65 feet; thence South 04°13'53" East a distance of 133.14 feet; thence South 17°29'07" West a distance of 103,73 feet; thence South 20°27'37" East a distance of 96.14 feet; 'henceSouth 00°54'66" West a distance of 67.07 feet; thence South 24°0427" East a distance of 68.15 feet; 11111 11111 111111 11111 X111 EMI 1111111111111111111111111 111111 637105 09/23/2003 02:29P 01521 P938 M ALSDORF 16 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) thence North 59°4616" East a distance of 152.59 feet; thence North 84°51'44" East a distance of 82.15 feet; thence South 76°29'39" East a distance of 149.19 feet; thence South 50°59'12" East a distance of 102.83 feet; thence South 00°21'20" West a distance of 22.59 feet to a point on the East-West 1/16 line of the SW1/1 of said Section 28; thence North 89°25'03" East along said 1116 line a distance of 601.29 feet; thence North 48°45'48" East a distance of 783.90 feet; thence South 48°18'29" East a distance of 476.80 feet to a point on the North-South 1/4 line of said Section 28; from which point the SE corner of NE1/4 of the SW1/4 bears South 01°31'37" East a distance of 190.00 feet. EXCEPTING that portion conveyed to Garfield County by deed recorded October 30, 1986 in Book 702 at Page 411 as Reception No. 377631 for County Road 215. PARCEL B Township 6 South, Range 96 West of the 6th P.M. Section 28: Lot 4 (NW1/4NW1/4) Section 29: Lot 1 (NE1/4NE1/4), Lot 5 (SE1/4NE1/4), Lot 6 (NEI/4SE1/4) and Lot 7 (NW1/4SE1/4) EXCEPTING that portion conveyed to Garfield County by deed recorded October 30, 1986 in Book 702 at Page 411 as Reception No. 377631 for County Road 215. PARCEL C A parcel of land situated Northeasterly of the existing County Road #215 right-of-way in Lots 3, 4 and 9 of Section 34, Township 6 South, Range 86 West of the 6th P.M., Garfield County, Colorado being more particularly described as follows: Beginning at the center of said Section 34, a brass cap properly marked LS #14060; thence North 88°42'14" West along the South line of said Lot 4 (SE1/4NW1/4) a distance of 664.27 feet; thence South 01'46'00" West, a distance of 233.32 feet to a point on the Northeasterly right-of-way of said County Road #215; thence along said right-of-way the following four courses: 234.80 feet along the arc of a non -tangent curve to the right, having a radius of 1290.58 feet, a central angle of 10°25'27" and a chord of which bears North 62°14'43" West, a distance of 234.48 feet; thence North 57°02'00" West, a distance of 72.08 feet; thence a distance of 606.49 feet along an arc of a curve to the right, having a radius of 1450.00 feet, a central angle of 23°57'54" and a chord which bears North 45°03'03" West, a distance of 602.08 feet; thence North 33°04'06" West, a distance of 953.90 feet to a point of intersection with the Southerly boundary of the Mobil Parcel as described in Book 702 at Page 420 of the Garfield County Records; thence South 55°44'30" East along said Southerly boundary, a distance of 195.86 feet; thence South 73°58'40" East continuing along said Southerly boundary, a distance of 435.80 feet to a paint on the West line of said Lot 4; thence North 01°28'17" East along said West line, also being the East line of said Mobil Parcel a distance of 437,25 feet to the Northwest corner of Lot 4; thence South 88°41'59" East along the Northerly line of said Lot 4, a distance of 1342.10 feet to the Northeast corner of said Lot 4; thence South 02°03'35" West along the East line of said Lot 4, a distance of 1331.93 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed by instrument recorded February 23, 1921 in Book 125 at Page 41 and as amended by instrument recorded January 21, 1986 in Book 682 at Page 294. 1 111111 11111 11111111111 uii 111111 11101 iii uuu 111 101 637105 09/23/2003 02129P 81521 P939 M RLSDORF 17 of 19 R 96.00 D 0.00 GARFIELD COUNTY CO Mineral Interest Exhibit B (to Deed of Trust) Mineral interest in the following lands: Section 28: T6S, R96W Section 29: T6S, R96W all situated in Garfield County, Colorado Including, but not limited to Puckett Land Company royalty interests in the following wells: Interest Owner Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Well No. Locations GM 204-29 GM 332-29 GM 32-29 GM 41-29 GM 323-28 GM 24-28 GM 312-28 GM 13-28 GM 205-28 GM 44-29 GM 42-29 MV 31-28 T6S, R96W, Section 29 SEI/4SE1/4 T6S, R96W, Section 29 SW1/4NE114 T6S, R96W, Section 29 SW1/4NEI/4 T6S, R96W, Section 29 NE1/4NE1/4 T6S, R96W, Section 28 NE1/4SW l/4 T6S, R96W, Section 28 SEI/4SW 114 T6S, R96W, Section 28 SW1/4NW1/4 T6S, R96W, Section 28 NW1/4SW1/4 T6S, R96W, Section 28 SWI/4SW 1/4 T6S, R96W, Section 29 SE1/4SE1/4 T6S, R96W, Section 29 SEI/4NE1/4 T6S, R96W, Section 28 W1/2 GV 22-29 T6S, R96W, Section 29 SEI/4 MV 53-28 MV 35-29 T6S, R96W, Section 28 W1/2 T6S, R96W, Section 29 NE1/4 GR 14-28 T6S, R96W, Section 28 W1/2 111 1111 11111 111111 11111 IIII 111111 111111111 111111 1111111 637105 09/23/2003 02:29P 01521 P940 11 ALSDORF 18 of 19 R 96.00 0 0.00 GARFIELD COUNTY CO Decimal Interest 0.05038950 0.10124000 0.10124000 0.10124000 0.09075152 0.09075150 0.09075152 0.09075152 0.09075152 0.05038950 0.10124000 .0907515 RIBPO .0907515 RIAPO .0503895 RIBPO .0503895 RIAPO .0907515 RI .1012400 RIBPO .1012400 RIAPO 0.09075150 Water Rights Exhibit C (to the Deed of Trust and Security Agreement) All wells, well permits, reservoirs, reservoir rights, ditch and ditch rights, including but not limited to: Ditch Rulison & Miller Low Cost Ditch (Original) Low Cost Ditch (First Enlargement) Low Cost Ditch (Yoeman Enlargement) Diamond Ditch Stream or Tributary Colorado River Parachute Creek Parachute Creek Parachute Creek Parachute Creek Appropriation Date Adjudication Date Total Decreed Amount (cfs) 12-08-189I 12-20-1929 1.6 01-04-1887 05-11-1889 5.0 04-01-1888 05-11-1889 9.0 04-25-1889 02-20-1900 1.6 03-01-1887 05-11-1889 3.2 Puckett Ownership .324 0.30 0.30 0.66 1.92 1111111 11111 111111 11111 1111 111111 111111111 11111 3 11E 13 of 4 R821.000030.00 3 36P B1521 P933 M DORF GARFIELD COUNTY COCD Loan No. 7-609-130 ASSIGNMENT OF PRODUCTION (Garfield County, Colorado) THIS ASSIGMENT OF PRODUCTION ("Assignment") is made this t$ day of September 2003, by Puckett Land Company, a Colorado corporation collectively "Assignor"), whose address is 5460 South Quebec Street, Suite 250, Greenwood Village, Colorado 80111, and Hall and Hall Mortgage Corporation, a Colorado corporation ("Assignee"). whose address is 1559 Logan Street, Denver, Colorado 80203. 1. FOR VALUE RECEIVED and as additional security for the indebtedness hereinafter described, the Assignor hereby assigns, sets over, transfers and conveys unto the Assignee all the right, title and interest of the Assignor now owned or hereafter acquired in and to all rents, profits, revenues, royalties, bonuses, rights, benefits, and accounts under any and all oil, gas, casinghead gas and other associated or related hydrocarbons (collectively, "Hydrocarbons") and proceeds of Hydrocarbons which are produced from and which accrue to the following described property (the "Property"): See Exhibit A antlxlintilsiiie attached hereto and incorporated herein by this reference. 2. The term of this Assignment shall be until that certain Fixed Semi -Annual Promissory Note (or any extension or renewal thereof) (collectively, "Promissory Note") made by Assignor, Puckett Land Company, a Colorado corporation to the Assignee, and that certain Deed of Trust and Security Agreement of even date herewith encumbering premises located in OGarfield County, Colorado (collectively, "Deed of Trust and Security Agreement") for the principal sum of $2,500,000.00, shall have been fully paid and satisfied, or until the expiration of any period of redemption following foreclosure. Once said Promissory Note and Deed of Trust and Security Agreement are fully paid and satisfied, Assignee will execute and deliver to Assignor a release upon Assignor's request therefor. 3. This Assignment shall be effective as of the date of its execution at 7:00 o'clock a.m., local time, as to all Hydrocarbons which are thereafter produced from and which accrue to the Property, and all proceeds therefrom. All parties producing, purchasing or receiving any such Hydrocarbons, or having such, or proceeds therefrom, in their possession for which they or others are accountable to the Assignee by virtue of the provisions of this Assignment, are authorized and directed to treat and regard the Assignee as the assignee and transferee of the Assignor and entitled in the Assignor's place and stead to receive such Hydrocarbons and all proceeds therefrom; and said parties and each of them shall be fully protected in so treating and regarding the Assignee and shall be under no obligation to see to the application by the Assignee of any such proceeds or payments received by it. 4. All payments of proceeds received by the Assignee pursuant to this Assignment shall be placed in a separate account in the name of Assignee and applied from said account to the Promissory Note as set forth in such Promissory Note. 5. The Assignee is hereby absolved from all liability for failure to enforce collection of any proceeds so assigned (and no such failure shall be deemed to be a waiver of any rights of the Assignee under this Assignment) and from all other responsibility in connection therewith, except the responsibility to account to the Assignor for funds actually received. 6. Nothing herein contained shall detract from or limit the absolute obligation of the Assignor to make payment of the Promissory Note regardless of whether the proceeds assigned by this Assignment are sufficient to pay the same, and the rights under this Assignment shall be in addition to all other security now or hereafter existing to secure the payment of the Promissory Note. 7. Notwithstanding any provisions in the Promissory Note, Deed of Trust and Security Agreement of even date herewith, or any other documents and instruments securing 95-) 1111111 1111111111 111111111 111111 11111110 1111111111111 637107 09/23/2003 02:36P B1521 P954 N ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO repayment of the Promissory Note to the contrary, in the event of a conflict between the provisions of said documents and instruments and this Assignment, then the provisions of this Assignment shall control. This Assignment shall be deemed for all purposes as a present and current assignment allowing the Assignee to collect the proceeds from all Hydrocarbons as provided herein. It is understood and agreed, however, that Assignee shall not take any action to collect the proceeds from any or all Hydrocarbons unless and until there has been a default in the performance of any of the terms or covenants set forth in the above-described Promissory Note, Deed of Trust and Security Agreement, this Assignment, or any other document securing the debt represented by the Promissory Note. Until such event of default, the Assignor is authorized to collect or continue collecting the proceeds from all Hydrocarbons. This Assignment shall survive the foreclosure of any Deed of Trust and Security Agreement securing the Promissory Note. Any receiver appointed in judicial proceedings for the enforcement of this Assignment shall have the right to receive all of the Hydrocarbons herein assigned and the proceeds therefrom in accordance with applicable law and to apply all of said proceeds as provided in this assignment 8. The Assignor agrees to indemnify the Assignee against all claims, actions, liabilities, judgments, costs, attorneys' fees or other charges of whatever kind or nature ("Claims") made against or incurred by Assignee as a consequence of the assertion, either before or after the payment in full of the Promissory Note, that Assignee received Hydrocarbons herein assigned or the proceeds thereof claimed by third persons, and the Assignee shall have the right to defend against any such Claims, employing attorneys therefore, and unless furnished with reasonable indemnity, Assignee shall have the right to pay or compromise and adjust all such Claims. The Assignor will indemnify and pay to the Assignee any and all such amounts as may be paid in respect thereof or as may be successfully adjudged against the Assignee. 9. Assignor shall immediately furnish to Assignee copies of all notices of default received from any lessee, permittee or account debtor under any of the leases and agreements. Assignor shall, at their sole cost and expense, appear in and defend any action or proceeding arising under, growing out of, or in any manner connected with the leases and agreements or the obligations, duties, or liabilities of the lessor or lessees and account debtors thereunder, and shall pay on request all reasonable costs and expenses, including, without limiting the generality of the foregoing, attorneys' fees, which Assignee may incur in connection with Assignee's appearance, voluntary or otherwise, in any such action or proceeding. 10, Any default by Assignor in the performance or observance of any covenant or condition hereof shall be deemed a default or event of default under each of the Promissory Note, Deed of Trust and Security Agreement and all other documents and instruments securing payment of the indebtedness evidenced by the Promissory Note, entitling Assignee to exercise all or any remedies available to Assignee under the terms of any or all of the Promissory Note, Deed of Trust and Security Agreement and all other documents and instruments securing payment of the indebtedness evidenced by the Promissory Note, and any default or event of default under any other of the Promissory Note, Deed of Trust and Security Agreement and all other documents and instruments securing payment of the indebtedness evidenced by the Promissory Note, shall be deemed a default hereunder, entitling Assignee to exercise any or all remedies provided for herein. 11. Assignee may assign all of Assignor's right, title, and interest in any or all leases and agreements (to the extent of the interests thereon conferred upon Assignee by the terms hereof) to any subsequent holder or owner of the Promissory Note or Deed of Trust and Security Agreement, or to any person who acquires title to the property through foreclosure or otherwise. From and after the acquisition of title to the property by any person, through foreclosure or conveyance in lieu of foreclosure, no assignee of Assignor's interest in any lease or agreement shall be liable to account to Assignor for the Hydrocarbons and proceeds thereafter accruing. 12. Assignee's remedies provided herein are cumulative and not exclusive of any remedies that may otherwise be provided under any other of the Promissory Note or Deed of Trust and Security Agreement or in equity or law. 2 I Il111! INTI 11111111111111111111111111 III 11111 ILI111I1 G31107 21.00 D 0 0036P B1521 PEMS M 590RF GARFIELO COUNTY C0 3 of4 R 13. No delay or omission on the part of Assignee in exercising any right or remedy hereunder shall operate as a waiver of such right or remedy or of any other right or remedy under this Assignment. A waiver on one occasion shall not be construed as a bar to or waiver of any such right and/or remedy on any future occasion. 14. Invalidation of any provision or of any paragraph, sentence, clause, phrase, or word herein for any reason or to any extent by a court of competent jurisdiction shall not affect the validity of the remainder of this Assignment. 15. The provisions of this Assignment shall be governed by and construed in accordance with the laws of the State of Colorado. 16. The provisions of this instrument shall be binding upon and shall inure to the benefit of the Assignor and his successors or permitted assigns and upon and to the Assignee, its successors and assigns. 17. The Assignor covenants and agrees with the Assignee that no tenant or account debtor need determine whether or not a default has occurred making this Assignment operative, but shall rely upon and shall pay over the Hydrocarbons and proceeds to the Assignee upon notice from it to do so. Upon payment of such sums to Assignee, the tenant or account debtor shall be relieved from liability therefore to the Assignor in all respects. IN WITNESS WHEREOF, the Assignor has hereunto set their hands and seals the day and year first above written. Corporate Seal R.E. Puckett, ecretary of Pucke Land Company STATE OF COLORADO ) ) ss.: COUNTY OF ) Puckett Land Company, a Colorado corporation Jeffrey Puckett, President The foregoing instrument was acknowledged before me this `Y' day of September 200311+tfiFaalyuV. Puckett as President of Puckett Land Company, a Colorado corporation. opk,'a11y��t.Ii, and and official seal. 1 , ,l -07151t40 d { _on expires: . ION. �,gbya �� %1,„,„000 STATE OF COLORADO ) ) ss.: COUNTY OFl ) The foregoing instrument was acknowledged before me this \.5S. --ay of September 2003 by R.E. Puckett as Secretary of Puckett Land Company, a Colorado corporation. iaOMit lt ft* my hand and official seal. ission expires: \V : OI787 '•.4 ' y ahx :.f �,�o'•� Notary Public illy. 49 �d "ON/ q'' O A n3N' 3 Nrio n111111 o0* 1111111 11111111111 11111 1111 111111 111111111 11111 11111111 637107 09/23/2003 02:36P 01521 P956 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO Mineral Interest Exhibit A (to Assignment of Production) Mineral interest in the following lands: Section 28: T6S, R96W Section 29: T6S, R96W all situated in Garfield County, Colorado Including, but not limited to Puckett Land Company royalty interests in the following wells: Interest Owner Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Well No. Locations GM 204-29 T6S, R96W, Section 29 SE1/4SE1/4 GM 332-29 T6S, R96W, Section 29 SWI/4NE1/4 GM 32-29 T6S, R96W, Section 29 SW1/4NE1/4 GM 41-29 T6S, R96W, Section 29 NE1/4NEI/4 GM 323-28 T6S, R96W, Section 28 NE1/4SW1/4 GM 24-28 T6S, R96W, Section 28 SE1/4SW1/4 GM 312-28 T6S, R96W, Section 28 SW1/4NW1/4 GM 13-28 T6S, R96W, Section 28 NW 1/4SW114 GM 205-28 T6S, R96W, Section 28 SW 114SW 114 GM 44-29 T6S, R96W, Section 29 SE1/4SE1/4 GM 42-29 T6S, R96W, Section 29 SE1/4NE1/4 MV 31-28 T6S, R96W, Section 28 W1/2 Puckett Land Company GV 22-29 T6S, R96W, Section 29 SE1/4 Puckett Land Company MV 53-28 T6S, R96W, Section 28 W1/2 Puckett Land Company MV 35-29 T6S, R96W, Section 29 NE1/4 Puckett Land Company GR 14-28 T6S, R96W, Section 28 W1/2 Decimal Interest 0.05038950 0.10124000 0.10124000 0.10124000 0.09075152 0.09075150 0.09075152 0.09075152 0.09075152 0.05038950 0.10124000 .0907515 RIBPO .0907515 RIAPO .0503895 RIBPO .0503895 RIAPO .0907515 RI .1012400 RIBPO .1012400 RIAPO 0.09075150 1111111111111111111111111111111111111111111111111111111 63710E 09/23/2003 02:39P B1521 P957 M ALSDORF 1 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO UCC FINANCING STATEMENT Filing Fee: $15 Follow Instructions (front and back) Carefully A. NAME & PHONE OF CONTACT (optional) Shelly O'Hayre (303) 861-8282 B. SEND ACKNOWLEDGMENT TO: (Name and Address) Hall and Hall 1559 Logan Street Denver, CO 80203 ABOVE SPACE FOR FILING OFFICE USE ONLY q57 1. DEBTOR'S EXACT FULL LEGAL NAME— insert only Dig debtor name (I a or 1b)—do not abbreviate or combine names 18. ORGANIZATION'S NAME OR Puckett Land Comnanv. a Colorado co ration 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) — insert only,p Il_e secured party name (3a or 3b) 3a. ORGANIZATION S NAME OR THE PRUDENTIAL INSURANCE COMPANY OF AMERICA Ib. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX lc. MAILING ADDRESS 5460 S. Quebec Street, Suite 250 CITY Greenwood Village STATE CO POSTAL CODE 80111-1928 COUNTRY USA Id. TAX [D: SSN OR EIN (OPTIONAL NOT REQUIRED) 89-1124073 ADD'LINFO RE ORGANIZATION DEBTOR le. TYPE OF ORGANIZATION Corporation If. JURISDICTION OF ORGANIZATION COLORADO 1g. ORGANIZATIONAL ID#,ifany X NONE 2. ADDITIONAL OR DEBTOR'S EXACT FULL LEGAL NAME — insert only we debtor name (2a or2b) — do not abbreviate or combine names 2a. ORGANIZATION'S NAME 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2d. TAX tom SSN OR E1N (OPTIONAL NOT REQUIRED) ADD'L INFO RE ORGANIZATION DEBTOR 2e TYPE OF ORGANIZATION 2f. JURISDICTION OF ORGANIZATION 2g. ORGANIZATIONAL ID #, ifmy 0 NONE 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) — insert only,p Il_e secured party name (3a or 3b) 3a. ORGANIZATION S NAME OR THE PRUDENTIAL INSURANCE COMPANY OF AMERICA 4. This FINANCING STATEMENT covers the following collateral: SEE EXHIBITS, A, B, C, AND D ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. ALTERNATIVE DESIGNATION (if applicable): ■ LESSEE/LESSOR ■ CONSIGNEE/CONSIGNOR ■ BAILEE/BAILOR 0 AG LIEN ❑ NON -UCC FILING Q SELLER/BUYER 6. This FINANCING STATEMENT is to be filed (for record) in the REAL ESTATE RECORDS 7. Check 10 REQUEST SEARCH REPORT(S) on Debtor(s) (Optional) ❑ All Debtors 17.] Debtor 1 ❑ Debtor 2 8. OPTIONAL FILER REFERENCE DATA Prudential Loan No. 7-609-130 No. 602. Rev. 7-01. UCC FINANCING STATEMENT (UCC1) - COLORADO 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c. MAILING ADDRESS 801 WARRENVILLE ROAD, SUITE 150 CITY LISLE STATE IL POSTAL CODE 60532 COUNTRY USA 4. This FINANCING STATEMENT covers the following collateral: SEE EXHIBITS, A, B, C, AND D ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. ALTERNATIVE DESIGNATION (if applicable): ■ LESSEE/LESSOR ■ CONSIGNEE/CONSIGNOR ■ BAILEE/BAILOR 0 AG LIEN ❑ NON -UCC FILING Q SELLER/BUYER 6. This FINANCING STATEMENT is to be filed (for record) in the REAL ESTATE RECORDS 7. Check 10 REQUEST SEARCH REPORT(S) on Debtor(s) (Optional) ❑ All Debtors 17.] Debtor 1 ❑ Debtor 2 8. OPTIONAL FILER REFERENCE DATA Prudential Loan No. 7-609-130 No. 602. Rev. 7-01. UCC FINANCING STATEMENT (UCC1) - COLORADO 1 111111 11111 111111 11111 1111 1111111 iim iii 11111 1111 1111 637108 09/23/2003 02 39P B1521 P958 M ALSDORF 2 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. NAME OF FIRST DEBTOR (la or Ib) ON RELATED FINANCING STATEMENT OR 9a. ORGANIZATION'S NAME Puckett Land Company 9b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME, SUFFIX 10. MISCELLANEOUS: THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY I I . ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME — insert only gie name (l 1 a or 1 lb) - do not abbreviate or combine names I I a. ORGANIZATION'S NAME OR llb. INDIVEDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX I lc. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 1 Id. TAX ID #: SSN OR EIN (Required for EFS Filing ONLY) ADD'L INFO RE ORGANIZATION DEBTOR 1 le. TYPE OF ORGANIZATION 11 f. JURISDICTION OF ORGANIZATION 11g. ORGANIZATIONAL 1Dil, if any 0 NONE 12. OR ADDITIONAL SECURED PARTY'S or X ASSIGNOR S/P'S NAME - insert only one name (12a o 12b) 12a. ORGANIZATION'S NAME HALL AND HALL MORTGAGE CORPORATION 1 2b. INDIVIOIJM 'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 12c. MAILING ADDRESS 1559 LOGAN STREET CITY DENVER STATE CO POSTAL CODE 80203 COUNTRY USA 13. This FINANCING STATEMENT covers ❑ limber to be cut or X as -extracted collateral, or is filed as a 0 fixture fling, 14. Description of real estate: SEE EXHIBIT A ATTACHED HERETO. 15. Name and address of a RECORD OWNER of above-described real estate (if Debtor does not have a record interest): _ 16. Additional collateral desenption: SEE EXHIBITS B, C , AND D ATTACHED HERETO. 17. Checic on y if appticable and check only one box. Debtor is a 0 Trust 0 Trustee acting with ❑ Decedent's or respect to property Estate held in trust or 18. Check only if applicable and ❑ Debtor is a TRANSMITTING check only ane box. UTLIITY a Manufactured -Horne Transaction .- effective a Public -Finance Transaction - effective 30 A Filed in connection with 30 years 0 Filed in connection with years 234417.1 February 9, 2003 2 EXHIBIT "A" LEGAL DESCRIPTION Puckett Land Company PARCEL Township 6 South, Range 96 West of the 6th P.M. Section 19: SW1/4 (Jessye B No. 3 Placer Claim) Section 30: NW1/4 (Jessye B No. 4 Placer Claim) SW1/4 (Jessye 8 No. 7 Placer Claim) Lots 3 and 4 and W1/2SE1/4 (Jessye 13 No. 8 Placer Claim) Section 31: NW1/4 (Jessye B No. 9 Placer Claim) Lots 6, 7, N1/2SW1/4 (Jessye B No. 12 Placer Claim) Lots 5, 8, 9, NW114SE1/4 (Jessye B No. 18 Placer Claim) Section 32: Lots 3, 6, 7, 8 (SW1 /4NW114, N1/2SW1/4, NW114SE114) Township 7 South, Rana 96 West of the 6th P.M. Section 6: Lots 6, 7, S1/2NWI/4 (Jessye 13 No. 14 Placer Mining Claim) SW1/4 (Jessye B No. 15 Placer Mining Claim) Lots 4, 5, S112NE1/4 (Grand View No. 6 Placer Mining Claim) SEI/4 (Grand View No. 5 Placer Mining Claim) Section 7: NE1/4 (Grand View No. 2 Placer Mining Claim) NW1/4 (Grand View No. 1 Placer Mining Claim) Section 8: NW1/4 (Grand View No. 3 Placer Mining Claim) Township 6 South, Range 97 West of the 6th P.M. Section 23: NE1/4 (Denver No. 117 Placer Mining Claim) NW1/4 (Denver No. 118 Placer Mining Claim) SE1/4 (Denver No. 119 Placer Mining Claim) SW1/4 (Denver No. 120 Placer Mining Claim) Section 24: NE1/4 (Jessye 13 No. 1 Placer Mining Claim) NW1/4 (Denver No. 122 Placer Mining Claim) SE1/4 (Jessye 8 No. 2 Placer Mining Claim) SW1/4 (Denver No. 124 Placer Mining Claim) Section 25: NEi/4 (Jessye B No. 5 Placer Mining Claim) SE114 (Jessye B No. 6 Placer Mining Claim) NW1/4 (Deriver No. 98 Placer Mining Claim) SW1/4 (A.O.S.P. No. 1 Placer Mining Claim) Section 26: NE1/4 (Denver No. 101 Placer Mining Claim) NW1/4 (Deriver No. 102 Placer Mining Claim) SE 1/4 (A.O.S.P. No. 10 Placer Mining Claim) SWI/4 (A.O.S.P. No. 11 Placer Mining Claim) Lots 1, 2, Section 36, Township 6 South, Range 97 West, and Tract 59, Section 1, Township 7 South, Range 97 West, 6th P.M. (Jessye B No. 10 Placer Mining Claim) Lots 3, 4, Section 36, Township 6 South, Range 97 West , 6th P.M_ and Tract 62, Section 1, Townsfhip 7 South, Range 97 West, 6th P.M. (A.O.S.P. No. 2 Placer Mining Claim) 1 111111 111111111111111111111111111 11111 111 1111111111111 537108 09/23/2003 02:39P B1521 P959 M ALSDORF 3 of 10 R 16.00 D 0,00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) Lots 1 and 2 of Section 35, Township 6 South, Range 97 West, 6th P.M. and Tract 65, Township 7 South, Range 97 West, 6Ih P.M. (A.O.S.P. No. 9 Placer Mining Claim) Lots 3, 4, Section 35, Township 6 South, Range 97 West, 6th P.M. and Tract 68 of Section 2, Township 7 South, Range 97 West, 6th P.M. (Ruth No. f Placer Mining Claim) Township 7 South, Ranae 97 West of the 6th P.M. Section 1: Tract 60 (Jessye B No. 11 Placer Mining Claim) Tract 63 (A.O.S.P. No. 3 Placer Mining Claim) Section 2: Tract 66 (A.O.S.P. No. 8 Placer Mining Claim) Tract 69 (A.O.S.P. No. 12 Placer Mining Claim) Section 12: S1/2N1/2S1/2N1/2NE1/4; S1/2S1/2N1/2NE114; S1/2NE1/4; N1/2N1/2SE1/4; N1/2N1/2S1/2N1/2SE1/4 (Jessye B No. 16 Placer Mining Claim) S1/2N1/251/2N1/2NW1/4; S1/2S1/2N1/2NW1/4; S1/2NW1/4; N112N1/2SW114, N1/2N1/2S1/2N1/2SW114 (A.O.S.P. No. 5 Placer Mining Claim) Section 11: S1/2N1/2S1/2N1/2NE1/4; S1/2$1/2N1/2NE1/4; S1/2NE1/4; N1/2N1/2SE1/4; N1/2N1/2S1/2N1/2SE1/4 (A.O.S.P. No. 6 Placer Mining Claire) S1/2N1/2S1/2N1/2NW1/4; S1/2S112N1/2NW1/4; 31/2NW1/4, N1/2N1/2SW1/4, N1/2N 1/2S1/2N1/2SW1/4 (A.O.S.P. No. 14 Placer Mining Claim) Lots 5, 6 and S1/2SE1/4, Section 1, and N1/2N1/2NE114; N1/2N1/2S1/2N1/2NE1/4, Section 12, Township 7 South, Range 97 West, 6th P.M. (Jessye i3 No. 13 Placer Mining Claim) Lots 7, 8 and S1/2SW1/4, Section 1 and N1/2N1/2NW1/4; N1/2N112S1/2N1/2NW1/4, Section 12, Township 7 South, Range 97 West , 6th P.M. (A.O.S.P. No. 4 Placer Mining Claim) Lots 5 and 6, S1/2SE1/4 of Section 2; N1/2N1/2NE114; N1/2N1/2S1/2N1/2NE1/4 of Section 11, Township 7 South, Range 97 West, 6th RM. (A.O.S.P. No. 7 Placer Mining Claim) Lots 7 and 8; S1/2SW1/4 of Section 2, and N1/2N1/2NW114; N1/2N1/25112N1/2NW1/4 of Section 11, Township 7 South, Range 97 West, 6th P.M. (A.O.S.P. No. 13 Placer Mining Claim) PARCEL 2 Township 7 South, Range 96 West of the 6th P.M. Section 7: SE1/4 (Annex No. 7 Placer Mining Claim) Section 8: SW1/4 (Annex No. 8 Placer Mining Claim) Section 17: NW1/4 (Annex No. 3 Placer Mining Claim) Section 18: NE1/4 (Annex No. 4 Placer Mining Claim) NW1/4 (Annex No. 5 Placer Mining Claim) 1111ii 11111 hili! 111111111111111111111 11111111 !1111111 637108 09/23/2003 02.39P 81521 P960 M ALSDORF 4 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) PARCEL 3 Township 6 South, Range 97 West of the Oth P.M, Section 28: S1/2 lying South and East of the Mahogany Marker (Part of Denver No. 111 and 112 Placer Mining Claims) Section 33: Lots 1 and 2 (Denver No. 81 Placer Mining Claim) Lots 3 and 4 lying South and East of the Mahogany Marker (Part of Denver No. 82 Placer Mining Claim) Section 34: Lots 3 and 4 (Denver No. 88 Placer Mining Claim) Township 7 South, Ranae 97 West of the 6th P.M. Section 3: Lots 8 and 9, Subtracts A and B of Tract 74 Tract 78 Subtracts A, D, E and G of Tract 77 Tract 78 lying South and East of the Mahogany Marker Subtracts A, B, C and D of Tract 79 That portion of Tract 80 Tying in Section 4 Tying Southerly and Easterly of the Mahogany Marker That portion of Tract 81 lying in Section 4 lying Southerly and Easterly of the Mahogany Marker (Denver No. 35) (Denver No. 39) (Part of Denver No. 40) (Denver No. 39) (Part of Denver No. 41) (Part of Denver No. 42) (Part of Denver No. 44) EXCEPTING from Parcel 3 any portion conveyed in deed recorded October 21, 1965 In Book 370 at Page 385. PARCEL 4 Township 7 South, Range 96 West of the 6th P.M. Section 13: Lots 4, 10, 11, 12 and 13 Section 14: E1/2SE1/4 Section 23: Lot 1 Section 24: Lots 2, 3 and 4 A tract of land located between the meander line of the left bank of the Colorado River as shown upon the Government Land Office Plat of March 12, 1890 and the present course of the Colorado River, Located in portions of Section 13 and 24, Township 7 South, Range 96 West of the 6th P.M. and more particularly described as follows: 1 111111 11111 111111 11111 1111 1111111 11111 111 11111 1111 1111 637108 09/23/2003 02:39P 61521 P961 M ALSDORF 5 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) Commencing at a point on the meander line of the right bank of the Colorado River as shown upon the plat of March 12, 1890, from which a Bureau of Reclamation Brass Cap monumentfng the E1f4 corner of said Section 13 bears North 46°24'39" East 3113.80 feet; thence South 00°00'00" West 469.09 feet; thence South 88°52'30" East 202.82 feet; thence along a line dividing the meander lines of the right and left banks of the Colorado River as shown upon the plat of March 12, 1890, South 34°29'42" West 1613.03 feet; thence along a line dividing the meander lines of the right and left banks of the Colorado River as shown upon the plat of March 12, 1890, South 85°25'54" West 498.70 feet to the centerline of the Colorado River; thence along the centerline of the Colorado River the following courses and distances: North 11°36'23" East 125.89 feet; thence North 10°25'07" West 69.66 feet; thence North 21°47'16" West 276.15 feet; thence North 25°18'47" West 276.96 feet; thence North 29°19'01" West 110.09 feet; thence North 10°45'40" West 179.48 feet; thence North 49°47'54" East 183.27 feet; thence North 40°21'20" East 112.62 feet; thence North 26°04'00" East 246.36 feet; thence North 26°23'34" East 115.11 feet; thence North 20°19'47" East 86.22 feet; thence North 31°53'57" East 109.83 feet; thence North 17°46'08" East 322.89 feet; thence South 81°10'00" East 955.94 feet to the POINT OF BEGINNING. EXCEPTING those portions conveyed to the railroad by deeds recorded in Book 20 at Page 3 as Reception No. 9774, Book 20 at Page 4 as Reception No. 9775 and to the Department of Highways recorded in Boot; 280 at Page 359 as Reception No. 187508, Book 280 at Page 362 as Reception No. 187509, Book 597 at Page 612 as Reception No. 326867, Book 632 at Page 253 as Reception No. 344457. PARCEL A Township 6 South. Rance 96 West of the 6th P.M. Section 28: S1/2NW1/4 All that part of the NW1f4SW1/4 (Lot 9) and all that part of the NE1/4SW1/4 Tying North of the following described line; Beginning at the Southwest corner of Lot 9, Section 28, Township 6 South, Range 96 West of the 611/ P.M , Garfield County, Colorado, from which point the Southwest corner of said Section 28 bears South 00"27'59" East, a distance of 1338.91 feet; thence North 00°27'59" West along the West line of said Section 28, a distance of 339.23 feet; thence North 83°30'52" East a distance of 70.44 feet; thence North 26°19'46" East a distance of 192.27 feet; thence South 57°24'59" East a distance of 234.65 feet; thence North 87°18'36" East a distance of 55.01 feet; thence North 36°24'48" East a distance of 269.26 feet; thence North 82°00'41" East a distance of 27.17 feet; thence South 20°31'22" East a distance of 123.65 feet; thence South 04°13'53" East a distance of 133.14 feet; thence South 17°29'07" West a distance of 103.73 feet; thence South 20°27'37" East a distance of 96.14 feet; '`ence South 00°54'56"West a distance of 67.07 feet; .irence South 24°04'27" East a distance of 68.15 feet; 1111111 II�il 11111 ifIII 1111 111111 HEM 11111 RAE 637108 09/23/2003 02:39P B1021 P962 M ALSDORF 6 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" (CONTINUED) thence North 59°46'16" East a distance of 152.59 feet; thence North 84°51'44" East a distance of 82.15 feet; thence South 76°29'39" East a distance of 149.19 feet; thence South 50°59'12" East a distance of 102.83 feet; thence South 00°21'20" West a distance of 22.59 feet to a point on the East-West 1/16 fine of the SW1/4 of said Section 28; thence North 89°25'03" East along said 1/16 fine a distance of 601.29 feet; thence North 48°45'48" East a distance of 783.90 feet; thence South 48°18'29" East a distance of 476.80 feet to a point on the North-South 114 tine of said Section 28; from which point the SE comer of NE1/4 of the SW1/4 bears South 01°31'37" East a distance of 190.00 feet. EXCEPTING that portion conveyed to Garfield County by deed recorded October 30, 1986 in Book 702 at Page 411 as Reception No. 377831 for County Road 215. PARCEL B Township 6 South, Range 96 West of the 6111 P.M. Section 28: Lot 4 (NW1/4NW1/4) Section 29: Lot 1 (NE1/4NE114), Lot 5 (SE1/4NE114), Lot 6 (NE1/4SE1/4) and Lot 7 (NW1/4SE114) EXCEPTING that portion conveyed to Garfield County by deed recorded October 30, 1986 in Book 702 at Page 411 as Reception No. 377631 for County Road 215. PARCEL C A parcel of land situated Northeasterly of the existing County Road #215 right-of-way In Lots 3, 4 and 9 of Section 34, Township 6 South, Range 96 West of the 6th P.M., Garfield County, Colorado being more particularly described as follows: Beginning at the center of said Section 34, a brass cap properly marked LS #14050; thence North 88'42'14" West along the South line of said Lot 4 (SE1f4NW1/4) a distance of 664.27 feel; thence South 01'46'00" West, a distance of 233.32 feet to a point on the Northeasterly right-of-way of said County Road ft215; thence along said right-of-way the following four courses: 234.80 feet along the arc of a non -tangent curve to the right, having a radius of 1290.58 feet, a central angle of 10°25'27" and a chord of which bears North 62"14'43" West, a distance of 234.48 feet; thence North 57°02'00" West, a distance of 72.08 feet; thence a distance of 60649 feet along an aro of a curve to the right, having a radius of 1450.00 feet, a central angle of 23"57'54" and a chord which bears North 45°03'03" West, a distance of 602.08 feet; thence North 33°04'08" West, a distance of 953.90 feet to a point of intersection with the Southerly boundary of the Mobil Parcel as described in Book 702 at Page 420 of the Garfield County Records; thence South 55°44'30" East along said Southerly boundary, a distance of 195.86 feet; thence South 73°58'40" East continuing along said Southerly boundary. a distance of 435.80 feet to a point on the West line of said Lot 4; thence North 01°28'17" East along said West line, also being the East line of said Mobil Parcel a distance of 437.25 feet to the Northwest corner of Lot 4; thence South 88°41'59" East along the Northerly tine of said Lot 4, a distance of 1342.10 feet to the Northeast corner of said Lot 4; thence South 02°03'35" West along the East line of said Lot 4, a distance of 1331.93 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed by instrument recorded February 23, 1921 in Book 125 at Page 41 and as amended by instrument recorded January 21, 1986 In Hook 682 at Page 294. 1111111111111111111111111111111111 i11111111111111111111 637106 09/23/2003 02r39P B1521 P963 11 ALSDDRF 7 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO Mineral Interest Exhibit B (to Uniform Commercial Code — Financing Statement UCC -1) Mineral interest in the following lands: Section 28: T6S, R96W Section 29: T6S, R96W all situated in Garfield County, Colorado Including, but not limited to Puckett Land Company royalty interests in the following wells: Interest Owner Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Puckett Land Company Well No. Locations GM 204-29 T6S, R96W, Section 29 SE1/4SEI/4 GM 332-29 T6S, R96W, Section 29 SW 1/4NE1/4 GM 32-29 T6S, R96W, Section 29 SWI/4NE1/4 GM 4I-29 T6S, R96W, Section 29 NEI/4NE1/4 GM 323-28 T6S, R96W, Section 28 NE1/4SW 1/4 GM 24-28 T6S, R96W, Section 28 SE1/4SW1/4 GM 3I2-28 T6S, R96W, Section 28 SWI/4NW1/4 GM 13-28 T6S, R96W, Section 28 NW1/4SW1/4 GM 205-28 T6S, R96W, Section 28 SWI/4SW1/4 GM 44-29 T6S, R96W, Section 29 SE1/4SEI/4 GM 42-29 T6S, R96W, Section 29 SEI/4NE1/4 MV 31-28 T6S, R96W, Section 28 WI/2 GV 22-29 T6S, R96W, Section 29 SE1/4 MV 53-28 T6S, R96W, Section 28 W1/2 MV 35-29 T6S, R96W, Section 29 NE1/4 GR 14=28 T6S, R96W, Section 28 W I/2 ALIETEMIIPMKEIR11101)11111 Il ! Dill 1111 Illi P964 17 ALSDORF 8 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO Decimal Interest 0.05038950 0.10124000 0.10124000 0.1 0124000 0.09075152 0.09075150 0.09075152 0.09075152 0.09075152 0.05038950 0.10124000 .0907515 RIBPO .0907515 RIAPO .0503895 RIBPO .0503895 RIAPO .0907515 RI .I012400 RIBPO .1012400 RIAPO 0.09075150 Water Rights Exhibit C (to the Uniform Commercial Code – Financing Statement UCC -1) All wells, well permits, reservoirs, reservoir rights, ditch and ditch rights, including but not limited to: Ditch Rulison & Miller Low Cost Ditch (Original) Low Cost Ditch (First Enlargement) Low Cost Ditch (Yoeman Enlargement) Diamond Ditch Stream or Tributary Appropriation Date Adjudication Date Total Decreed Amount Colorado River 12-08-1891 Parachute Creek 01-04-1887 Parachute Creek 04-01-1888 Parachute Creek 04-25-1889 Parachute Creek 03-01-1887 (cfs) 12-20-1929 1.6 05-11-1889 5.0 05-11-1889 9.0 02-20-1900 1.6 05-11-1889 3.2 Puckett Ownership .324 0.30 0.30 0.66 1.92 (0 of o -Ns r. OMNI B = ca OEM XS1— I-.N— Oi 40 ems DW- •N� 8 tivm Mil ci -0 Xi — XS a= --- FT1 10 MOM -!p- —I3 0A I— =— I Illfll 11111 111111 11111 011 1111111 11111 111 111111 111 1111 637108 09/23/2003 02:39P B1521 P966 M ALSDORF 10 of 10 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT D (to Uniform Commercial Code — Financing Statement UCC -1) PERSONAL PROPERTY COLLATERAL All rights in and to easements, common areas and access or use rights over roads or rights-of-way or utility easements on adjacent properties heretofore granted to Debtor and any after-acquired title or reversion in and to the beds of any ways, roads, streets, avenues, and alleys adjoining the premises described in Exhibit A attached hereto and by reference made a part hereof ("Premises"). All judgments, awards of damages, settlements and other compensation hereafter made resulting from condemnation proceedings or the taking of the Premises or any part thereof under power of eminent domain. Secured Party is hereby authorized, on behalf and in the name of the Debtor, to execute and deliver valid acquittances for and to appeal from any such judgments or awards. Secured Party may apply all such sums or any part thereof so received, after the payment of all its expenses (including costs and attorney's fees) on the indebtedness secured hereby in such manner as it elects, notwithstanding the fact that the amount owing thereon may not then be due and payable or that the said indebtedness is otherwise adequately secured, or, at Secured Party's sole option, the entire amount or any part thereof so received may be released to Debtor. All rights of Debtor to water for irrigation or other purposes including but not limited to Debtor's riparian rights (if any), rights to subsurface water, rights now or in the future obtained in water available through irrigation projects whether public or private, together with all rights and ownership in any water stock owned in connection with a right to receive water for use upon or in connection with the Premises as set forth in Exhibit C attached to this Security Agreement and by referenced made a part hereof . All rights to receive, participate in, or otherwise secure the benefits of any and all government programs, including but not limited to Conservation Reserve Program (CRP) payments and contracts, set aside programs, payment in kind programs, and government loans which are available for use in connection with the Premises. All rights to drain the Premises including rights in drainage districts (and the right to vote for and elect representatives in such drainage districts) together with all rights of Debtor in agricultural co-operatives for milling, ginning, grinding, storage and marketing of crops harvested from the Premises. Only those oil, gas, mineral, and other interests of Debtor, including but not limited to, "as -extracted collateral", as that term is defined in the Uniform Commercial Code described on Exhibit 13 to this UCC - 1 Financing Statement. All irrigation equipment owned or to be owned by the Debtor, located on or off the Premises, and adequate for proper irrigation including, but not limited to, delivery system, pumps, motors, mainlines, solid set, drag lines, tow lines, center pivot or other sprinklers, gearheads, above ground and below ground pipe, sprinkler heads and risers. Together with all additions, accessions and substitutions thereto, and any and all allied equipment, including by way of example, but not limited to: electric panels, control boxes, wiring, pipes, valves, elbows, flanges, reducers, plugs, risers and sprinklers. 1 111111 11111 1111111 1111 11111 1111 1111111 111 11111 1111 1111 703077 07/28/2008 01:27P 61825 P487 11 RLSDORF 1 of 20 R 51.00 D 0.00 GARFIELO COUNTY CO MEMORANDUM OF EASEMENTAND RIGHT-OF-WAY STATE OF COLORADO ) )§ COUNTY OF GARFIELD ) KNOW ALL MEN BY THESE PRESENTS: THAT Puckett Land Company, as Grantor, has granted, subject to the terms and conditions of the Easement and Right -of -Way Agreement hereinafter described, unto Bargath Inc., as Grantee, easements and rights-of-way for pipelines, road, pumping stations, and a water storage pond, on or across the lands described below, and further depicted on Exhibits A through E-2 attached hereto and made a part hereof: Township 6 South, Range 97 West Section 23: W/2, SEJ4, NW/4NW/4 Section 25: SW/4SW/4 Section 26: E/2E/2, NW/4NE/4 Section 36: W/2W/2 Townsjip 7 South, Range 97 West Section 1: Lots 5-8 (N/2S/2), SW/4NW/4 Section 2: FJ2NE/4 Township 7 South, Range 96 West Section 6: Lots 6, 7 (N/2NW/4), S/2NW/4 Section 7: 5/2, NE/4 Section 8: SW/4 Township 6 South, Range 96 West Section 31: SE/4NE/4, N/2SE/4, SW/4SE/4, S/2SW/4 Section 32: Lot 3 (SW/4NW/4) This memorandum is executed for the purpose of recordation in the Office of the County Clerk of Garfield County, Colorado, in order to give notice of the rights of Grantee, which are more fully set forth in that certain Easement and Right -of -Way Agreement (the "Agreement") dated effective September 1, 2005, between the parties set forth therein, reference to which is being here made for all purposes. It is not intended by this memorandum to construe, define, limit or modify the Agreement, but to merely disclose to the public that said Agreement does exist. Executed copies of said Agreement are in the possession of the Grantor and Grantee. Executed on the dates set forth below but effective as of September I, 2005: GRANTOR: PUCKETT LAND COMPANY -7 7//o/c6 Jeffrey . uckett, President Date GRANTEE: BARGATH, INC. By: seph ' " ett. Attorney -in -Fact Date Return In: Nancy Cvuxille, N'lltleene hedeeolon RMT ISISA:mil:4 . SI., TOW 3 SIM ae.rer coe 3D1 -76-o6 1111111 11111 1111111 1111 11111 11111111 11 1111111111111 703077 07/28/2005 01:27P 81825 P488 M ALSDORF 2 of 10 R 51.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF AAAPaw�L )§ ACKNOWLEDGMENTS The foregoing instrument wail acknowledged before me on this/or, day of ��-e 2006 by_ RSV rVCk T f%[ drlµZ /Gew[r- �41/_C�✓ '. Witness my hand and official seal (SEAL) My Commission Expires. g{/vf o 5 STATE OF COLORADO ) )§ COUNTY OF OrAive4 ) Notar ' ublic RA OND S. ANDERSON -NOTARr PUBUC' • COUNIADO commaaion s .r - The foregoing instrument was acknowledged before me on this j ijday of .Timx 2006 by J:o.NOifr /? Ae!<@iiEn7 Arrad.JEY-I.J-fAer/WNG * kk.. otary Public 1 111111 11111 1111111 1111 11111 1111 1111111 III 11111 1111 1111 703077 07/28/2006 01:27P 01825 P489 11 ALSDORF 3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee rn f.e Milne cke ++bm i *IOL LCeinPa 51oV1.04'F *192 • P.QB. A7 111E APPR%. LOC6110N Cf AN ew511No BLOCK VALVE 01 AN Ex19T4 r 6611161AL 0r5 PIPELINE LA= C,511PONY l L:/1 1 eHitVitUN I. ., ., iii r� Ij( ! I e4 rip .hr 'r, 2D' 016511' OF PROPOSED It 61061 E, 20' 'FEST DF AND PARALLEL e1111 All (9151160 RAryRAL CAS PPQLIE p,a r. 67 A paw 1RTERSEC11N0 THE . C0 606 BateeDART 8610660 WILIJAus.. ;.� PRO926110N Rat AID PUCKETT LANG COMPANY 31107' OF PROPOSED Ip' PIPEUHL. 56 SCUM of ANO PARALLEL te1H AN 6356RTf6 6' 6611,IRAL CAS MILK 032r1 1, r i461.7' Of PROPOSED 12" P505266. 16 01n111045T OF AND PARALLEL wl1H AN `f. 1 `, E0S0110 6' NATURAL CAS Ptinamit v re ARDIS OF PROPOSED 12' PPELWE, ,0' NORTH OF AND PARALLEL e11H AN E1a1ferC e")RAL CAS PIPELINE NAtJ 50. 574Va'55'W 1394.01' litgliwoa 4' ilium Siddl9 6grV e- eYessm 05 c4 wIwt freNtb CdpmAN LEGAL. DESCRIPTION FOR A PROPOSED 12" PIPELINE OF PUCKETT LAND CO. PROPERTY An easement for Ne purpose of constructing and maintOininy an 12 natural gas pipeline actuate n Seetiem 23,28,26,35 dr 36. Township 6 South. Range 97 West, in Section 1 k 2, Termship 7 South, Range 97 West, in Section 6. Township 7 South. Range 96 West and In Section, 31 & 32, Township 6 South. Range 96 Weil of the 6th Principal Meridian. County ar Gor9eid. Stott of Colorado. We centerline being mars porliculorly described herein Commencing al the northwest comer of Section 23, Township 6 South, Range 97 West. thence 510'01'09'6 o distance of 41923 le -et to a the appralhnote lambert of en existing bloat wt..* on an existing 8' natural gas plpeine and point of beginning for the prOp0sed 12' noturd pas pipeline centerline described herein; thence on o generoi southerly direction, being 20 fw1 west of anal parallel with on twisting 4" natural gee pipeline 618511 feet; thence in a demise' easterly and aouthcoaterly direction, being 10 feet north of and porolleS with an existing 6" natural gas pipeline 65863 feel; thence in o generol northeasterly dVsctian being 15 feet northwest of and corollp with said existing 6" natural gas pipeline 45977 feel: thence 1n o general easterly direction. now being 15 feet south of and parallel with said existing 6" natural gas ptpefns *1167 feet to a paint terminating 05 the COmmen boundary between Puckett Lond Ea -nit -any and Williams production RIFT, whence the west 1/4 corner al Section 32, Township 6 South, Ronge 96 West bears S74'08'15"W o distance as 1399.41 feet COWbT17UCTION elAQvrrO. ANG. tame euNaeleI 151.1,15. MO% CO 81682 t1m-&T6.6"63 PgARRETT/Ptfa ER -PRC -PFS.CIIC SCALE: 1" - 200D' 1 PATE: 06/96/05 lraaticTloR 1058 COUNTY ROAD 215 PARACHUTE, COLORADO, 81635 i 111111 11111 1111111 11111111111111111111 IIi 1111111111111 703077 07/28/2006 01:27P 61825 11490 M ALSDORF 4 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO 11 /2•91. SWIMSWIM0100 aoP .r 14c+ IN.e EXHIBIT "A-1" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee `1 �l deck Vulva &tail i J Scar r - 210' Y / • • Township 6 South, Range 97 West, 6th P.M. parr. 1.1+131L PJ. 174187 Pi. 10..4.14 114T02'I 8 1111 i rp. ,. - Rawl Sec. 23 Puckett land Company NM1/. 11,4/4 Packet Land Company SW 1/4 A01' ,117 IEGRRaNP itw' AS—drR7 AWLEi61kt7n'- -1wr STA 0.m r a.s and LEGEND 4 .9Enow CtlINERS i0LlO P.I. • POW or NatitSEC11CI1 PAW.. • PON7 014 7et110N UNE POINT ON PROPERLY 140 y„ ,0 am" ,o' IN, R/IY • Pl014T-K-NAY '0.Eno 1e oM 17.0, ne MKS, 111111 an V try 1 NFi/4--- �. PROPERTY ONE Pm doer 1..r 0,1011 1701lewMnW1«•rU.WW1WI 4Y4x e4Inn1W'aEc. 1 .ry .,,.: <+°• 4 11.4714110 LP. MM. ire tt r SIr tA41g !110-1411 104(L• 1. - 100' 00 # 060123. .Tri' State laPtd' .Sftsw#Tf 1 A1C. • \(4-T5) 787-2504 la0 1108Th 10R1401. AVE. Y{R74.E. 21014 110070 Short 1 of 5 , 111111 11111 11111 1111 11111 1111 1111111 111 11111 1111 lIII 703077 07/28/2006 01:27P 61825 P491 M RLSDORF 5 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "B" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee n, IVIUM WIRY. Lil 1 ',WOW _ ...m SON »• Wil7.41 MIL \ i mot 1 ..e J_'.� \` olairNI Ii( ,i rias'sr iwvw�e li/i r PUOKIV LAND Gar1r ulr ALM *741t1TA.If +.9. E Irkissi9er ,. /star MUNK mrnso *MOW afaill•Welf II' MAIM a 4: Q• eR0- rx�.s meow ro>ee' MIS Verva• 3!A' 4 mania' 01461%T .L�31f+ID MANY CHEVRON PROPOSED WATERLINE ON PUCKETT PROPERTY CON9TgLLCT10N 6 J vtr6, l..EG. 66112 &WOW BLVD. 6fLT, Co 04667 490.016-6163 Pemmu-PeoPUTERNTIY*c scua .24C0' LoAm 06100/6 J Wil/jams noe�ai� 1058 COUNTY ROAD 215 PARACHUTE. COLORADO, 81635 11111111I11I III1I1111f1111111111 IVIIIII 111 1111111111111 703077 07/28/2006 01:27P 91825 P492 M ALSDORF 6 of 10 R 61.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "C" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee LEGAL DESCRIPTION: AN EXISTING 8" NATURAL GAS PIPELINE SITUATE IN THE SW 1/4, SE 1/4 & NE 1/4 OF SECTION 7 AND IN THE SW 1/4 OF SECTION 8, TOWNSHIP 7 SOUTH. RANGE 96 WEST OF THE 6TH P.M., COUNTY OF GARFIELD. STATE OF COLORADO, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A7 A POINT CN THE ON THE NEST LINE OF THE SE 1/4 OF SATO SECTION 7 ( SAID WEST UNE ALSO BEING THE COMMON BOUNDARY BETWEEN THE BLM AND PUCKETT LAND CO. ). WHENCE A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE 5 1/4 CORNER OF SAID SECTION 7 BEARS 501'38'08"W A DISTANCE OF 1670.91 FEET; THENCE ALONG THE CENTERLINE OF SAID EXISTING 8' PIPELINE THE FOLLOWING 5 COURSES; THENCE N2916'05'E A DISTANCE OF 1265.87 FEET; THENCE 589'41'08'E A DISTANCE OF 553.99 FEET: THENCE S69'24'59.E A DISTANCE OF 435.21 FEET: THENCE S7310'33'E A DISTANCE OF 2912.38 FEET; THENCE N58'28'30"E A DISTANCE OF 546.56 FEET TO A POINT TERMINATING THE EXISTING WILLIAMS PRODUCTION RMT GV .'1-8 WELL SITE, WHENCE A FOUND 1920 GLO BRASS CAP IN PLACE FOR THE SW CORNER OF SAID SECTION 8 BEARS S4612'43'W A DISTANCE OF 3108.90 FEET. WIL11bM6 PRODUCTION RMT CONSTRUCTION euRvwre, 0144-1 19012 & NRIEAR BLVD. S" PIPELINE 14SBUILT SILT, CO 81662 PBARRET1/0M14-7.DWG $10-8/6-6153 I SCALE: 1" 1000' I DATE: 05-24-05 1111111111111111111111111111111! 111111111111III 11111111 703077 07/28/2000 01:27P 01825 P493 11 ALSDORF 7 of 10 R 51.00 D 0,00 GARFIELD COUNTY CO EXHIBIT "D" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargatb Inc., Grantee LEGAL DESCRIPTION: AN EXISTING ACCESS ROAD SITUATE IN THE NW 1/4 or SECTION 18. TOWNSHIP 7 SOUTH, RANGE 96 WEST OF TRE 6TH P.M., COUNTY OF GARFIELD. STATE OF COLORADO. THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1920 GL0 BRASS CAP IN PLACE FOR THE NW CORNER OF SAID SECTION 18: THENCE 501'47'03"W ALONG THE WEST UNE OF THE NW 1/4 OF SAID SECTION 18 ( SAID WEST LINE ALSO BEING THE COMMON BOUNDARY BETWEEN THE BLM AND PUCKETT LAND CO. ) A DISTANCE OF 1344.99 FEET TO THE TRUE POINT OF BEGINNING FOR THE EXISTING ROAD CENTERLINE DESCRIBED HEREIN; THENCE IN A GENERAL NORTHEASTERLY DIRECTION ALONG THE CENTERLINE OF SAID EXISTING ROAD AS SHOWN HEREON A DISTANCE OF *1724 FEET TO A POINT TERMINATING ON THE NORTH LINE OF SAID NW 1/4 AND COMMON BOUNDARY UNE BETWEEN SAID BLM AND PUCKETT LAND CO., WHENCE THE SAID 1920 G10 BRASS CAP IN PLACE FOR THE NW CORNER OF SAID SECTION 18 BEARS N8813'05"W A DISTANCE OF 978.99 FEET. WILLIAMS PRODUCTION RMT CONSTRUCTION S1.1RVEYS, INC. GM 0141-1 0)012 SUNRISE BLVD. RO,40 ASSUILT SILT, CO $1652 PBARRETI GM14-7.DWG Sim-$16-Si63 SCALE: 1" = 1000' DATE: 05-24-05 1 11111111111 II1I1111111111111111 1111111 111 11111 11111111 703077 07/28/2006 01+27P 81825 P494 M ALSDORF 8 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "E" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee UNGRADED ELEVATION: 8516. E FINISHED ELEVATION: 8619.6' ala �Q�ti� e ' /`$�2n 6.o° °a �g�' /� // // // // / /Cb // // // // // // // // / / / / / / �/ / N4D/[ it _f lr--1 ....-,-/1.G; . f• i. wo, I / 1 , i 111' E 4 r' / / / / / I 1 1 / / / / / 1 1 1 I / 1 1 co 1 W4 1 \ \\ 1 1 1 t 1 o 1 1ar g I I 1 1 1 1 !mak I ! 1 j 1 1 1 Ii. �} II 4 FreESI•/ VISA TEir2 sra4AGE 417"co 1 1 9. 1\ \ a0cl' X 200' X‘12' t 11 \4 \\ \ 1 1 ¢9, 3k6 bb/s11 4\ 11 1 14 11 1t1 I 1 1` \ \ \ 1 1 1--4 1 1/ 1 1 1 \\ 1 co C__ 1 1 / 1` ••••,...\\ 1 1 \ 1 ....A. 1 4` . \ •\ \ 1 1 1 1 1 \ \ \ \ 1 49 \ \ \1D0' \ \\ \1 10 ' 1 / \ \ . \ \.\—� \ \ \ \ 1 1 •\ \ \ 1 \ \ 1 1 1 1 \ �� �� c \ \ \ \ \ 1 \ \ 1 \ \ \ \ v �.9 r\ \ \ \ \ \ 1 1 M 1 1 90 �soo �a � \ 1 \ \ 1 N° \ N 3, 0 �s ( N � c ud Nr Jw 0� O w 03 p3 c0 HHFO D INC UTILITY LIN CATION EXHIBIT 2 c 50 0 50 111 illgRIFF/N B ASSOCIATES, INC. FRESH WATER STORAGE PIT ESTIMATED EARTHWORK 1414 ELX ET., SUITE 202 SCALE: 1" r +50' ROCK SPRINGS, WY SEM JOB No. 18186 (30)7382-5028 L7,4TE; 8/1205 SITE j44lTCY ITEM CUT FILL TOPSOIL EXCESS 3004 CY 0 CY 14i3CY PIT 144280Y 14428 CY TOTALS 18845 CY 3004 CY 15841 CY 111110111D 11111111111IIRI 11111111111111111111111 1111 703077 07/28/2006 01:27F 81825 P495 If ALSDORF 9 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "E-1" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee Cllr OrtiOC L 1.y 14 tom._\'•. !\'�\ _ \ :�\•.. .."\•• I 1 V • I* RIFFIN & ASSOCIATES% INC. T r 1 WILLIAMS PRODUCTION RMT COMPANY FRESH WATER STORAGE PIT 1414 ELK ST., SUITE2O2 ROCK 'SPRINGS, WY 82901 (807) 302-5028 JOS No. 19186 HORZ. 1' 60' VERT, 1'410' DATE- 9/12/125 UNGRADED ELEVATION: 8618.6` EXHIBIT 3 FINISHED ELEVATION:: 8819.5' 111111 11111 1 RH 1111 11111 1111 1111111 111 111111 111 1111 703077 07/28/2005 01:27P 61025 P496 11 ALSDORF 10 of 10 R 61.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "E-2" Memorandum of Easement and Right -of -Way dated effective September 1, 2005 between Puckett Land Company, Grantor and Bargath Inc., Grantee 20015 f� illfR,FF1N S ASSOCIATES, INC 1414 ELK ST., SUITE 202 ROOK SPRINGS, WY82901 (307) 382-5028 SCALE' 1wa2000, JOB No. 13188 DATE: 9/12/05 PROPOSED FRESH WATER STORAGE PIT FOR WiLLr.AMSRMT TOTAL PROPOSED AREA: 40, 00058 SQ. FT. EXIS77NG ROAD EXHIBIT 4A II1I117�11 111idI�� ilk ICI lid IrlINtIl1M1»111Ill Receptlontt• 712201 12/01106 12:17PM 0,1660 Pu0102 Mildred 61sdorf 1 of 2 Roc F6i:$11.00 00o Fee:0.00 GARFIELD COUNTY GO MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIR•LD ) THIS MEMORANDUM, made this 24th day of July 2006, by and between PUCKETT LAND COMPANY, 5460 South Quebec Street, Suite #250, Greenwood Village, CO 80111 ("GRANTOR") and NORTHWEST PIPELINE CORPORATION, P.O. Box 58900, Salt Lake City , Utah 84158-0900 ("GRANTEE"). WITNESSETH: That effective as of thej &c_ day of July 2006, Grantor and Grantee have entered into an Easement and Right -Of -Way Agreement for the purposes of constructing, maintaining and operating a natural gas pipeline for gathering and/or transportation of natural gas and other hydrocarbons across the lands described below and particularly depicted on the plat attached as Exhibit "A": Township 2 South, Ranee 97 West Section 36: NB/4 Township 6 South,Range 97 West Section 23, 25, 26&35 Township 7 South, Range 97 West Section 1 & 2 Township 7 South, Range 96 West Section 6 Township 6 South, Range 96 West Section 31 & 32 The term of said Easement and Right -Of -Way Agreement shall remain in effect for so long as Grantee, or its successors and assigns, are using said Easement and Right -Of -Way Agreement for the purposes described above. Reference is hereby made to executed copies of said Easement and Right -Of -Way Agreement in possession of Grantor and Grantee respectively, for all of the provisions thereof, and by this reference same are incorporated herein and made a part hereof in all respects as though fully set forth herein. The purpose of the Memorandum is to give notice of the existence of said Easement and Right - Of -Way Agreement, and not intended to construe, define, limit, or modify the agreement. Executed on the dates set forth below but effective as of the4JY (day of July 2006. GRANTOR: PUCKETT LAND COMPANY Jeffrey V. Puckett, President GRANTEE: NORTHWEST PIPELINE CORPORATION By: C. Scott Patterson illi ri Pi 11111 Recepilontt: 712261 12/01/06 12:17PM 6:1869 P:0iO3 Mildred Alader( 2 al 2 Rea Fee:611.00 Ooo Fee:0.00 GARFIELD COUNTY CO ACKNOWLEDGEMENTS STATE OF Cc; 4ere445.* ) )ss COUNTY OF A e_ ) The foregoing instrument was P/ acknowledged before me on this, day of by �r ,"arY V ]2 cvr1- +riEvr ap P.tc.ir Lam../ My Commission Expires: Not:. Public RSON ROTARY PUBLIC" • COLORA*O y Commission BOW ouo.J2 00 STATE OF UTAH, ) )ss COUNTY OP SALT LAKE QJ C4.YT 2006 The foregoing instrument was acknowledged before me on this 2e day of July 2006 by C. Scott Patterson. NOTARY PUBLIC NADINE HANK 206 Chlpola Way SMt Lam City, VIM N100 1(y COmniaa101/ NOME* IR. 2008 Notary Public 111111.1111:1441.144,141,1•114141#311411014 11111 Reception#: 740789 0110812088 82:17:35 PM Jean Albertoo 1 of 3 Rea Fee:SO.00 Doo Faa:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 10th day of December A.D. 2007, there were present: John Martin , Commissioner Chairman Lartyy McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 8- 0 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR A COMMUNICATIONS FACILITY WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Marathon Oil Company (Applicant) for a Special Use Permit ("SUP") for four (4) Communications Facilities on three separate properties owned by Berry Petroleum Company, Puckett Land Company, Chevron USA, Inc located within the Resource Lands (Plateau) zone district. The design of each facility will comprise of a 20' x 20' foot print that includes a 10' x 10' concrete foundation, 70 -foot tall tower with minimal support components including the thermoelectric generator, 500 gallon propane tank, and electric box; WHEREAS, the County Zoning Resolution of 1978, as amended, defines a Communication Facility in Section 2.02.155 as follows: A non -inhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Communication facilities include structures or towers, and accessory building, not including individual/personal direct -to -home satellite services. WHEREAS, the Board held a public hearing on the 10th day of December, 2007, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 i 1111 inlvirifinhirhilMigleit 11III Receptions: 740789 01/0612008 02;17:35 PM Joan R1berlco 2 of 3 Rec Fee:$0.00 Doc Fae:0.00 GARFIELD COUNTY Co WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1) That the approval of such Communications Facilities is in the best interests of the general healthy safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2) That proper public notice was provided as required for the hearing before the Board of County Commissioners. 3) That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 4) That the Communications Facilities comply with Sections 5.03, 5.03.13, and 9.0 of the Zoning Resolution of 1978, as amended, if all conditions have been met. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2) That no Special Use Permit shall be granted unless the Applicant can demonstrate to the BOCC that co -location is not available to them and that new individual facilities are the only way to proceed. This shall need to be addressed at the hearing before the BOCC. 3) That all colors used on the facilities shall not make the tower reflect light and blend in with the surrounding vegetation. 4) That, due to the tall height (70 -feet) of the approved towers, they shall be available for additional users to co -locate on the tower so as to not proliferate communication towers across the plateau. Prior to issuance ofa Special Use Permit, the Applicant shall furnish GPS location and an area that is served by each tower for the potential of future users. 5) Staffrequests that the applicant include this communication site in a weed management program that will provide for annual monitoring and treatment of Garfield County listed noxious weeds. This plan / program shall be provided to the County prior to issuance of any Special Use Permit. 6) The Applicant shall demonstrate that fire protection measures (Fire Protection & Response Plan with a map and GPS coordinates for emergency response) are incorporated into these facilities 2 111I#rirtmH i ILLI I.141i16 INCH'1.1+ 4 ON 1111 ReceptLonp: 740789 91of 3ZR.c Fee.$0380PDocJFee:d100 CRRRFIELD COUNTY CO prior to the issuance of a Special Use Permit. Dated this I clay of VovrvLR_ A.D. 200 9 ATTEST: 1 of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the fore by the following vote: COMMISSIONER CHAIR JQHN F. MARTIN , Aye COMMISSIONER LARRY L, MCCOWN , Aye COMMISSIONER TRESI HOUPT , Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio CIerk of the Board of County Commissioners 3 i 1111 KrinfilMAINIVIWIAINI VAIN 11111 Reeeption01 740791 01108/2008 02:17:36 PIA Joan A1barloo 1 of 1 Rea Faa:$0.00 Doc Foo:0.00 GARFIELD COUNTY GO SPECIAL USE PERMIT for Puckett Land Company In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 - 03 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: "Communications Facility" The design of each facility will comprise of a 20' x 20' foot print that includes a 10' x 10' concrete foundation, 70 -foot tall tower with minimal support components including the thermoelectric generator, 500 gallon propane tank, and electric box in the Resource Lands (Plateau) zone district The Special Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTES GARFIE COM I COU UNTY BOARD OF GARFIELD ADO SIONER , COLO Ch rk of the Board 1111 r VIANell!,'L?,Ni 'W4nard1 li1ii 11111 Reception#: 741078 01(1412008 01:48:12 PM Jean Alberica 1 of 5 Reo Fee:528.00 Doc Fee:0.00 GARFIELD COUNTY CO State of Colorado )ss. County of Douglas AFFIDAVIT John M. Hefner, of lawful age, being first duly sworn on his oath, states that he is President of Blue & Gray Resources, Inc., duly qualified to do business in the State of Colorado; that he is authorized to make this affidavit on behalf of said corporation; and that: 1. Blue & Gray Resources, Inc. ("BGRI°) and Petroleum Development Corporation ('PDC') entered into a Location Fee and ORRI Agreement, Haystock Ranch Property, Puckett Land Co. ('Agreemenr) dated November 21, 1999, which is attached as Exhibit "A" attached hereto. 2. Said Agreement provides for payments of a location fee by PDC upon the occurrence of certain events as set forth in said Agreement in the development of the Haystack Ranch Property. 3. The Haystack Ranch Property ('Property') is depicted on the map attached hereto as Exhibit B and can also be described as: Township 6 South. Binge 96 West. 6th P.M. Section 19: SW/4 Section 30: S12 Section 31: W!2 Township 7 South. Range 96 West, 6v' P.M. Section 6: E12, SW/4 Section 7: N12, SE/4 Section 13: part of W/2 Section 14: E/2SE/4 Section 17: NW/4 Section 18: N/2 Section 23: part of NE/4 Section 24: part of NW/4 Township 6 South. env 97 West, 6th P.M. Section 23: E/2, SW/4 Section 24: All Section 25: All Section 26: All Section 35: All Section 36: All Township T South, Rano. 97 West. 6th P.M. Section 1: All Section 2: All Section 11: NWI4, N/23/2 Section 12:14/2, N/2S/2 i ,��I Q� Y71]i�����iM7il�ri�lilffY !Ir'iYIY"iY�Y� 'Y 1If! Receptiont$ 743079 142e01:411:12 0MeF012of5Rc $20Docee:00GARFIELD COUNTY CO 4. Said Agreement provides provides for the assignment of a 1% of 8/8ths (one percent of eight eighths) overriding royalty interest from PDC to BGRI on any well drilled on a "valley" location by PDC on the Property_ Said "valley' location is defined as as any well accessed from the valley which can also be described as; Township 6 South. Range 96 West. 6th P.M. Section 19: SW/4 Section 30: S/2 Section 31: W/2 Township 7 South. Range $6 West. 6th P.M. Section 6: E12, SW/4 Section 7: SE/4 Section 13: part of W/2 Section 14: E/2SE/4 Section 17: NW/4 Section 18: N12 Section 23: part of NE/4 Section 24: part of NW/4 Township 6 South, Range 97 West. 6th P.M. Section 24: E/2 Township 7 South. Range 97 West. e P.M. Section 1: E/2E/2 Section 12: NE/4 5. Said Agreement provides for the assignment of 0.5% of 8/8ths (one-half of one percent of eight eighths) overriding royatty interest from PDC to BGRI on any well drilled on a "mesa" location by PDC on the Property. Said "mesa" location is defined as any well accessed from the mesa which can also be described as; Township 7 South. Range 96 West. 6th P.M. Section 7: N/2 Township 6 South. Range 97 West, 6th P.M. Section 23: E/2, SW/4 Section 24: W/2 Section 25: All Section 26: All Section 35: All Section 36: All Township 7 Soygf. Range 97 West 6th P,M. Section 1: W/2, W/2E/2 Section 2: All Section 11: NW/4, N/2S/2 Section 12: NW/4, N/2S12 1111 11111 Reception#: 741079 01!1412008 01:46:12 Prl Joan Rlbarico 3 of 6 Roo Fos:626.00 Doc Fee:0.00 GARFIELD COUNTY CO 6. The overriding royalty interests provided for by the Agreement shall be calculated on a uner basis and shall bear its proportionate share of taxes, third party compression, gathering and transportation charges. 7. This Affidavit is recorded for the purpose of giving notice of the Agreement and the interest of BGRI in the Property. Further affiant sayeth not. Subscribed and sworn to before me this `1 day of f\WIN( , 2008. Witness my hand and official seal. My commission expires: My Commission Expires 1108/2010 N? ry Public: 11111 F'1 1 1r>f�,1711`711f71'171�1 11!«1 'hMIiil11111 Rece tion#: 741079 01/14/2008 01:48:12 PM Jean 8lberico 4 of 5 Reo Fe":$26.00 Doc Fee:0.00 GRRFIELD COUNTY CO Mr. John M. Hefner Blue & Gray Resources, inc. 10304 Sunflower Drive Parker, CO 80314 Petroleum Development Corporation 103 East Main Street P. 0. Box 26 Bridgeport,West Virginia 28330 Phone: (304) 842-3697 November21, 1999 RE: Location Fee and ORR! Agreement, Haystack Ranch Property, Puckett Land Co. Dear John: Petroleum Development Corporation (PDC) and Blue & Gray Resources, Inc. (BGRI) hereby agree to the following: • PDC agrees to pay BGRI the an of $10,000 dollars upon execution of an agreement with Puckett lid Co. (PLC) and payment of any monies due PLC. Payment to BORI will be non-refundable. • PDC agrees to pay BGRI a location fee it the amount of $x1000 dollars for each well spudded by PDC under an agreement with PLC to develop the Haystack Ranch Property (approximately 7800 acres). • PDC agrees to assign to DORI an overridkig royalty Inlereet (ORM) of 1% of laths (one percent of eight eighths) on any well drilled in a "valley" location by PDC on the Haystack Ranch Property. A "valley" location Is defined as any well accessed from the valley. • PDC agrees to assign to Bela an ovenicring royalty irderest (ORM of 0.$% of Mrs (one-half of oneparvent of eight eighths) on any well drilled on a "mesa" location by PDC on the Haystack Manch Property. A "mesa" location is defined as any well accessed from the MOLL • The ORRI identified above will be calculated on a "net" basis. The ORRi wUI bear a proportionate share of all taxes, third party compression, gatherkcg and transportation charges. The above items represent the entire agreement between PDC and BGRI. Modifications to this Letter Agreement may be made with the mutual written consent of both parties. If the foregoing represents your understanding of our agreement please indicate your consent by executing this Letter Agreement In the space provided below. If you do not agree with the items outlined above please contact PDC at your earliest convenience. Very truly yours, PETROLEUM D PMENT CORPORATION Eric R. Steams VP, Exploration and Development ACCEPTED AND AGREED TO BY: Blue and Gray zrces, Inc4:‘,/ BY: ly►k',��j John T efner ! ) ^ . ° , , ° ° ~~ � ° ° . . ' ° ^ •����� 11 te 41 1 � ' - ° | .° | \ ----4- --1---- A A r Lii Fro r4 E. � 'r r / �_��������� � ' °!° 'AI - ° 0�8�, � | --' 1__ ° ° ' ^ GARFIELD COUNTY LEASEHOLD Oa* 3,1;90 r� °° ° . ° ° °^ " , ° °° ^° , ° ^ AV ° -^ •_ 40 - 'p~ ~,� • 'e• ,° ~°es°, ° °•° °." r. ° ° %°° ` ' °° '� '.° ° °" ° � • • .° * . ° • . „• • .. • !J.:, • k„:__4_ • . • " " ' '~ ~ � ` AIL ` NL -- ���� 10 ' - p r��, � ^,°* ° 7S- ~ ' __ . �� �� 8 Pei 1- 111 L. In MD at go a Wein ° ".° ^ °~ °' ` 96W ~ ° ° " . . - ■III f19V- HII I !IWul iIril hi 'I I Ie I '� 11111 Recepiionq: 751858 07/0812000 01:56:57 PM Jean Alberioo 1 of 6 Roo Fee:$0.00 Doc Faa:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 16th day of June A.D. 2008, there were present: ,John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Hoot (Absent) , Commissioner Carolyn Dahlgren , Deputy County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-83 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT REQUEST FOR 1 "TEMPORARY EMPLOYEE HOUSING" FACILITY OPERATED BY PETROLEUM DEVELOPMENT COMPANY LOCATED APPROXIMATELY 10 MilNORTH OF THE TOWN OF PARACHUTE AND WITHIN A PROPERTY OWNED BY PUCKETT LAND COMPANY, GARFIELD COUNTY PARCEL NO 2411-013-00-001 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for 1 "Temporary Employee Housing" facility located approximately 10 miles north of the Town of Parachute and within a property owned by Puckett Land Company, Garfield County; and WHEREAS, the Temporary Employee Housing facilities are to be located at 1 location within the approximately 5,000 -acre property owned by Puckett Land Company located on a private road beyond Garden Gulch Road east of CR 215 and north of Parachute, CO; and WHERERAS, the subject property is located in the Plateau sub -zone of the Resource Lands zone district where such use is permitted as a Special Use; and WHEREAS, the Board of County Commissioners opened a public hearing on the 16th day of rune, 2008 upon the question of whether the above-described SUP should be granted or denied, 1 1111KFL 'J r.L ,1!It 1 I4l11102C%I4',Ihi 11111 Reception#: 751.859 07i0BI2008 01:55;57 PM Jean Alberico 2 of 6 Roc Fse:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 16" day of June, 2008 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03 and 5.02.21) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for 1 "Temporary Employee Housing" facility located north of the Town of Parachute and within a property owned by Puckett Land Company, Garfield County, is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 4. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this 2 11111111111FigiliNlihiluirrit410 M.10.111i 11111 Reception#: 751859 07r0912808 01:55:57 PM Jean Alboriao 3 of 6 Rep Fee:15.00 Doa Fee:0.00 GARFIELD COUNTY CO } provision. S. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facility may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facility may begin. 6. All Special Use Permits for Temporary Employee Housing are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. 7. Water and wastewater systems proposed to service Temporary Employee Housing must comply with all applicable state and local laws and regulations. 8. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For facility serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 9. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 10. The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year; however, no single Temporary Employee Housing facility allowed under this Special Use Permit shall be onsite for more than a cumulative of one year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. 11. Inhabitants of the temporary housing shall be applicant's employees, contractor's and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. 12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. 3 111101.Fritifi liNhiPietii iTCH 11111 Reception##; 751859 87!0812008 01:55:57 PM Jean Alberico 4 of 6 Ren Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 13. Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriffs office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. 14. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. 15. The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriffs Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriff's Office and relevant Fire Protection District. 16. The applicant shall notify the County when site development begins for each facility. The applicant shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for Temporary Employee Housing, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section §9.01.06. 17. No animals shall be allowed at temporary employee housing sites. 18. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Housing is twenty-four (24) while using a vault and haul system. It may be increase to a maximum of 50 once the State approved ISDS has been installed. 19. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations with all pipes and connections water tight and lids kept securely in place at all times except during normal cleaning operations. 20. Wildlife -proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic yard) container shall be provided for each unit or the equivalent in a central trash 4 1111IrY%F rffigl 1iirinfrWriIik.li+�111.1i11111 Reception#: 751869 07f0B12008 01:55:57 PM Jean Alberico 5 of 6 Rea Fea:$0.00 Doc Fee:O.00 GARFIELD COUNTY CO collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. 21. Each facility shall have a minimum total capacity of 42,800 gallons of potable water storage which shall be refilled a minimum of every three days. 22. Each facility shall have a minimum total capacity of 7,465 gallon septic tank with a 2,500 gallon holding tank which shall be emptied a minimum of every three days. 23. That this facility shall only be allowed to operate with a vault and haul system for sewage for no more than one year which also serves no more than a maximum of 24 employees. If a drinking water system and ISDS are approved by the Colorado Department of Public Health and Environment, the facility may operate up to a capacity of 50 employees for up to 10 years. The Applicant is required to present the project to the Board of County Commissioners for annual approval each year. Dated this 1 t- day of ATTEST: , A.D. 200r. GARFIELD COUNTY BOARD OF COMMI • • SI • . • RS, GARFIELD COUNTY, LO Upon motion duly made and seconded the for :sing Res• ion adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT , Aye , Aye , Absent STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 5 1111 PA 1111 Reeeptlon#: 751B59 07(0812008 01:65:57 PM Jean Aiberico B of 6 Rep Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0905025 LOGAN 1. Effective Date: April 22, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $0.00 Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Specialty Restaurants Corporation as to an 80 percent interest and Stockton Restaurant Corporation as to a 20 percent interest 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Informational Only Commitment Charge $750.00 Tax Certificate N/A American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent; Commonwealth Title Company of Garfield County, Inc. 127 least 5th Street Rifle, CO 81650 File No. 0905025 LOGAN EXHIBIT "A" A Portion of the Following Described Parcel to be deteinnined by Survey: Township 7 South, Range 96 West of the 6th P.M.: Section 33:That portion of the NE1/4NE1/4 lying southerly and easterly of the Denver & Rio Grande Western RailroadlUnion Pacific Railroad southerly right of way. Township 8 South, Range 96 West of the 6th P.M.: Section 6: That portion of the E1/2 lying southerly and easterly of the southerly right of way of Interstate 70. EXCEPTING THEREFROM any portion lying within the Highway 6 & 24 right of way and excepting any portion lying within the Denver & Rio Grande Western Railroad/Union Pacific Railroad right of way. Section 5: That portion of the NW 1/4NW 114 (also described as Lots 3, 4, 5 and the SW 1/4NW 114) lying northerly and westerly of the northerly bank of the Colorado River. EXCEPTING THEREFROM any portion lying within the Highway 6 & 24 right of way and excepting any portion lying within the Denver & Rio Grande Western Railroad/Union Pacific Railroad right of way. i File No. 0905025 LOGAN SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an Informational Only Commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule 13 - Section 1 - Form 1004-5 File No. 0905025 LOGAN SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district, 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Colorado lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 10. Easements and rights of way for all ditched, laterals and canals including but not limited to the Wilcox Canal, Smyth and Eshe Ditch, and Smith Gulch Reservoir 11. Right of' the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 8, 1901 in Book 12 at Page 555. 12. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 24, 1894 in Book 12 at Page 269. 13. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 24, 1894 in Book 12 at Page 275. 14. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 11, 1935 in Book 172 at Page 553. 15. Reservation of all coal and other minerals by the United States, together with the right to prospect for, mine and remove the same, in Patent recorded January 11, 1925 in Book 172 at Page 553, and any and all interests therein or assignments thereof. 16. Right of way and easement granted to the Colorado Telephone Company as described in instrument recorded November 1, 1907 in Book 69 at Page 180. 17. Reservation dal' oil, gas and hydrocarbons and other minerals by E. H. Mahaffey, together with the right to extract and remove the same, in Quit Claim Deed recorded September 3, 1929 in Book 155 at Page 372 and any and all interests therein or assignments thereof. (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 0905025 LOGAN SCHEDULE B - SECTION 2 (Continued) 18. Reservation of all oil, gas, hydrocarbons and other minerals by Jacob Eshe, together with the right to extract and remove the same, in Quit Claim Deed recorded September 3, 1929 in Book 155 at Page 373 and any and all assignments thereof or interests therein. 19. Reservation of all oil, gas, hydrocarbons and other minerals by The Book Cliff Live Stock Company and L.W. Clough, together with the right to extract and remove the same, in Quit Claim Deed recorded July 15, 1929 in Book 159 at Page 97 and any and all assignments thereof or interests therein. 20. Reservation of a right to the joint use of the Wilcox Canal in instrument recorded February 11, 1929 in Book 160 at Page 177. 21. Easement granted to the State Highway Department of the State of Colorado in instrument recorded November 25, 1950 in Book 255 at Page 273. 22. Easement for access granted to Henry C. Jolley and Malcolm C. Jolley, the exact location of which is not defined, in instrument recorded June 16, 1965 in Book 366 at Page 571. 23. Conveyance to Colorado Title Service Company of an undivided two-thirds of all oil, gas and other minerals in deed recorded August 16, 1965 in Book 368 at Page 542, and any and all assignments thereof or interests therein. 24. Reservation of all oil, gas and other minerals by Garris E. Mahaffey, et al., in Warranty Deed recorded August 16, 1965 in Book 368 at Page 569, and any and all interests therein or assignments thereof. 25. Conveyance to Colorado Title Service Company of an undivided one-half of all oil, gas and other minerals in Quit Claim Deed recorded August 16, 1965 in Book 368 at Page 574, and any and all interests therein or assignments thereof. 26. Reservations of minerals by Colorado Title Service Company in Deed recorded March 3, 1966 in Book 374 at Page 456 and any and all assignments thereof or interests therein. 27. That portion of the subject property taken by the Board of County Commissioners of the County of Garfield and the State Highway Commission of Colorado in Rule and Order recorded March 22, 1958 in Book 307 at Page 328. 28. Reservation of all oil, gas and other mineral rights by Anvil Points Properties, Ltd. in Warranty Deed recorded April 17, 1995 in Book 936 at Page 727 and any and all assignments thereof or interests therein. 29. Reservation of all oil, gas and hydrocarbons by Anvil Points Properties, Ltd. in Warranty Deed recorded May 13, 1982 in Book 590 at Page 643 and any and all assignments thereof or interests therein. 30. Reservation of all oil, gas and hydrocarbons by L.G. Everist, Inc. in Quit Claim Deed recorded September 6, 1995 in Book 952 at Page 221 and any and all assignments thereof or interests therein. 31. Easement granted to Holy Cross Energy, the exact location of which is not defined, in instrument recorded December 2, 1999 in Book 1162 at Page 895. 32. Reservation of a non-exclusive easement, the exact location of which is not defined, in Warranty Deed recorded May 5, 2000 in Book 1186 at Page 45. 33. Terms, conditions and all matters set forth in Cooperative Agreement for Damage Prevention Fencing recorded July 31, 2000 in Book 1199 at Page 616. 34. Terms and conditions of Oil and Gas Lease by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, as Lessor and El Paso Production Oil and Gas Company, as Lessee, recorded January 17, 2002 in Book 1322 at Page 20 and any and all interests therein or assignments thereof. 35. Terms and conditions of Oil and Gas Lease by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, as Lessor and Encana Oil and Gas (USA) Inc., as Lessee, recorded January 18, 2007 in Book 1885 at Page 686 and any and all interests therein or assignments thereof. (Continued) File No. 0905025 LOGAN SCHEDULE B - SECTION 2 (Continued) 36. Easements, rights of way , terms conditions and all matters set forth in Master Surface Use Agreement and Grant of Easement and Right of Way as evidenced by Memorandum recorded January 18, 2007 in Book 1885 at Page 690. 37. Non-exclusive easement granted to Public Service Company of Colorado as described in instrument recorded August 5, 2008 as Reception No, 753583. 38. Each and every right of access to Interstate Highway No. 70. rVt. V1'tt IL T ro- J t' it 2133 i8 ' FBA .aMrrrosASID CASH taTIC tratrxr-ares.,.r.. THE UNITED STATES OF AMIRICAT Certifcnto No To all to Whom theme J'reseits ehe11 cootie, GREETINQI ha S deposited in the General Land Office of the United Slates a Certificate of the Register of the Land Office at whereby it appears that full payment has heed made by the amid d.{E.trekr e_elltif.e .e lJJL//�f..fre.1.A�4 tJ4-.f ttU (.,f xt-4l. accorrlin f to the provisions of the art of Congress of the 34114 of.lpril, 1830, entitled ".4n act making further pro- vision ro• vv�i//sion��for the sa le of the Public Lands.," and the acts supplemental thereto, for • Wtl rlr1ffl)l y-lice�/.!' -div KC.et/]�)j� 1444,, a.ttd. .Al-r�i 7u.....li'.vr..(i ve,,.? eec_ n-r,.etJ 'ri.id,f .it• J 1(Irie4 142Lr..l;0 9.telL✓eP/�..i.t-areal.✓eited�i /'ate. •el.__ •-tti {t'u Adiu rgi. ` 11,L7 /ft d4.itrr/_,,u r'o 4"s G f f / r' Lf d IIY. .�'au a....... erot/.'P ,le.aGet,..Z�.�.f.l�.�r�4 ct cn.•f.4J ! according to the Official Plat of the Survey of the said Lanrts, returned to the //G��eneer++al Land Office by the Surveyor General, which said Traci has been purchased by the said..lwne:e.eref S/rr_t:&ea.'sr.>!! Now Know Xe, That the United Stales of.4merira, in consideration of the premises, and in conformity with the several -Ills of Congress in rag: case rn..ele and provided, hare giren and granted, and by !here presrnla do give and grant unto the said i tttteed.>r]!/.YRita/ and to_Xg heirs, the said Traci afore described: To Have and to Hold the same, together with all the ri his, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said cr- ee and to_ t:49._ieirs and assigns forever; subject to any rested and uneruerl water rights for !pining, agri- cultural, manufacturing or other purposes, and rights to ditches and rearrroirs used in eonneceion rcith such water rights as muy be rrwgnised and acknowledged by the local ruslorns, laws and derision of Courts, and also ambjeci to the right of the proprietor of a vein or tole to radrod and reams his ore therefrom, should the same be found to penetrate or intersect the premixes hereby granted, es prodded by larr.a..d. Li.r• 4/-�+41•- rr,,.-e..L Js.,.., 1/• G..�.Y .1y rJ.aa, li n�ia1•f.Pi.%,n77L.•�*/1�wd Lt0-..e+1aa/iee...F..+.�'ib ; tL4. �i Ica Testimony Whe or, t, f9l'.s. u t`at.�4U_s%.i'.aa><u.nr.� _ Pais dtt! of ti. �rttl Stilts B have caused these letters la be made patent, and the Seal of the General Lund Mee in he hereunto afred. Given under/} my hand, at the t ly of Washington, the_tixet �at:?fc/ day of !VC_te...iigrJ„_g,-,in the year of our Lord one thousand eight hundred nnd._11tt!-14.4trel , and of the Independence of the United Stales the one hundred and...AE. 4 /eLll'll_—_-__ Bi' THE PRESIIIEXT:w4j6e 'attt�t/efl..i/!!n•}1h<:.eUel.?�.Cl /alfa?,C (1. _(e r'it.. 0.eet.__..... eerelnry. 42:12„6.671i 'Recorder of the General Land 05.e. Recoreled, Ild._S.! Page. /4,,f_.— Filed for Record the.li124 — day of J1��a--ft ��i. 1J, i� ��Zeed " t , Arrf/G By_e/�lccis .�11.tt.,ztLes.�.F.�—�—�epuiy. 311 -ut .4 hi e o. Me vitt/ er `- i all said gni- I ;rich I and the rl. 7 'iyht tiled 'aril. leer. VOLUME Liz I rRr.LMrTION AVID Cilli l:aa TRW PITVAe-11071• r,.. r..w.+•.—�.-r�w.�w •..�•..n� _- (iL wyta} THZ . UNITED SfiA'IIS OF AMERICA, Certificate No..6 `- yy To all to Whom tk oOe Presents shall coot•, GssE1~Txntit lterelt�,. /, L'+r.!r . . T /.lArf / r`� �/ // %i4.,, i/ F, '�.G[; Jas '00-"- /re-41'� d 1' ff_ ha /deposited in the General Land Office of the United Slates a Certificate of the Reeder of the Land Office al am"` ` �,scut-r. er whereby I appears that ATI payment has Leen made by the said aecartir{g In the provisions of the .Irl of Congr•rs1iof the .?.nth of anti!, 1820, entitled "d,�n det making further pro- viston or the sale o the Public Lands" and the cls su� fensenlu▪ /l.lherelo or :!acs jpte�✓ -� T �, �v/"fj1J r 0ucr�r • 1?Fl ?l,rce ✓�v `� �� .-frs,l.. r!�lrtiAry=_.1- d ,r- • � f�/ /v hf �—�`7 ?� ��j7d�r.il�fi ....�r1�C , .� I`, �rluCe - ,,,,e,IYe (/�Li/fs�u!_,G *-; •FIs: crr...[o vee., �f f _ /._./�, Ail,",, �%f f_ �/ )^ ���/—ill ue.t{'tLr�r�fL-• r% � �. K iiil �., la..r %riG!r�%sr-ii�h,l Odi -0:tam!/i.�.-'# Mi/-./T"'-ai✓Cf%" r- i� �. 4.1q1/41,"";"..2./,-L1.U4l .jar r -t1•[ c ./..,4,-��r-fJ a/ i ,.6- 1% v ,",!..-v�J.rra�r% c�uz-t i.;l ,0"e-e.r/i-/a.'trr Gl/.�rcc.r.c6y 4;4...Zljf.1�,;1� 4.7ke:.-/d T/ •Calf 1 '1,Flc- el" .rGe-i. :/Lrye..4d,1df -.dia. ..,4[i -p Le.er___ _ ..r. 9�r = Cdrtt%i.l-Lc...7.e iyj%1dli ,.,1" ,c.Ger.47;terl% ' r 07 alt/e-C- r/-.. --..._ - rwr rr�Ld/ _- - 7 Ill nli ----.. ---, MRE IIftI according to the Official Plat of the Survey of the said Lants, returned to the. General Lund Office by the [ r rr. �/ riv•.rdrl rr`J; rens •r Surveyor Grrazrul, which said Tract hu'Leen our neer{l by the said cl,--- „f,__ �r.ir•u i UM 11 DloVe Enaor 'Ste, That the United Slates of -Inerira, in consideration of the. premises, and in conformity III11; with the several .dile of angers: in ,.ails case made and provided, have given and granted, and by !hese presents III' �� �� � /:... /.t ie, 0 111 if ii do give and grrul unto Me aa(d_%/Vail jf /fes �_.— _ , �l �i lr and in...,,...eVe2 heirs, Me said 'frac! above described: To Have and to Held the same, together with all i'i ti Rif. the rights, privileges, immunities and appartenancrs,/rialseeyer nature, thereinto belonging, unto the said EaE /� �°c'•dlam./ tL 1 illi and lo-. gr?!%/ heirs and assigns forever; Abject to any vested and accrued renter rights for nainimr, serf- j , , cultural, manufacturing, or other purposes, and rights to ditcher and reservoir4 used in conneasion mills such IPA.. realer rights as may be recognized anal acknowledged by the local customs, law anti detalons of Courts, and 4'1! ileoeuiajecl fo fhe right of the proprietor of a vein or lode fo extract andremove his ore there rom should the i . ill saaae b66 f„rend � D�prrlraf ng.. cif Nuc puna s -T leeriJr) tranled, as p-orfdrl by erare,,.'.i�,;r-,,,..J/ .ti ,-rt,' y I It Flti, a•..rl..•,wfi .i r � �f%.••, r+ lR..lF.e.us�a`,7..,r {/�.i/� / rr l 6;3 'i41 Given under nau hand, a1 the Lily of Washington. Nae 'Littl_�' ., . ; j a`•II , nrr. clay of- i!C!s��'tA/-” _w, in the year of oaur Lord one Monaural eight l :�E� hundr41 and/-c:'s. r �-T.., and of the Independence of the United• S n€. ." :J •y/— / , Sea lc -s the one hundred and!%.fi--:/R!� +-r.._.__.____ in r BY TJIh' PRESIDENT: '{> LL�/�^-cJrr,-ui�/ t ; 11 s Ily./'/ /%( `,?:t" -;:11,a/ Secretary, i R„ =i, _ _ ? G� Et a /ft+%rlut%!% Jlrrorler of the General Land Office. :� K&corded, 1-01.!.-:ff!! ....•lyrlre.!f� Kiri 11 IFk:I for Nevoid lhe..n'1 .day of`'zs..e.e_vr d J le.4 f�,Au! /. �'cloek..0....tl. 11111 a.t.r e .73.,e,.r%r rr�a i� 4' (eexi-eta.,- r By....�c!....s..)fL--,i:t r-vtir....................... De ul j{'1f - . >tn Teallroony Whereof, I,17t-f-,,-A-14 Pllsldllt if ile: Ufa SIM if Ivan, have caused Name fellers lo be sauna patent, and the Scat of the General Land Office to be hereunto affixed. ice al anid ly file ,rlriit f •e: en ith ail e sold ugrt• rJ lath and is the f AMA xrd. d eight United 'rotary. ' Office. 7 • a7 f4 • r7:: r LIi 1 ,- L t-7 I Deputy. : 1 '4 l /1, 83 J YHE• NPT EON AND Clan CNTRT PIT IN 1,..1107 -' -+ �•w+. /-.^+^. �^+�.^r �'�+ ^.+t fi UNITED ZTATES OF AI ERICA, Curttficnto No 7 To ail to Whore these L'resents abut!. corTw, QREnTINQI •��llerea.—....., ,,� ✓i,..-fl�<�,J, f!%��e,' , ..tit•-.•17-rb.- ,e, • h&Q' deposited in the Genese! Lan;l Ofre of the Willed Stales n Ccrliflcatc of the Heglaler of the Lanr! Office at "1.us.-. .el,.y11/Lt"t- .VQ`.'�tria.f! (. whereby it appears Thal feel! payment has been merle by the said according la the provisions of the .tel of Co' aortas alike 2.4111 of dpri1, 1N311, entitled ".fin diet making further pro- I 14-,.i I ... / / I . n I kUision for Mc sale of the Public Lands," and the acts supplemental thereto, fornisi:;;r-,t1•a.,4Mt'uLlfLx ;%. ?-4-'iw/�j,,., - e IC � f v -"ie. iy%L.-J Ct.c+��y Ci 0,:r--�rLrL'[t✓ra /l .7.A-� e I �tc- ,�tl1fi-!l GlT `�. /0.1-fa-kJlllr-1-Z-fl, K1_!�sj-t./t �t<fti:%N�.'//J7.2.4. -e ''�-4-N:1x-4 r' 4tfi i.zrt ':L.eat.,.G�� /!L!%4 4Gt/r_r:./ .x,, ez...1. t�J e. ('E-!U�p •4U.e,e.Pl-P�s,}C/�( j/l4 ::..-{-g� '''' - / • . ted / : t, - ! / J 1 �/ fr {'�C JJjN .a -r � e /'-v �<.,.-v c ,yt,1., r. V ✓✓ '—'l vf-•-+�.�ev�' t L"v:.t „,t,;(,;._._.4',:.,... -47,/,,L7. i J. ..1rr. -747.(1,-./;111., 1.-..%Z..c.v..cv/Lrt.: • ,.rt'"Lct''cR.ov .,/ :'-, -r�eo G>rri. 4t,-ylce•.0 i uw.461aa /J� 9. :CVe4u1E// j �% `fGe<d/2C ._C6,-4....4.,ze-..ver—i).,v /;ed r5.4r+-e,2G2t/ I u f ,e i L according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, whirls add Traci ha:: 'beer► purchased by/^yU a said Now FSnow Ye, That the United Stales ofdmerica, in consideration of the premises, and in coafararily with the several .dcls of (.bngress in such arse made 11 .11,1 pr tided, hare given nnrl granted, and by these presents a rho 'toe and grant unto the anfrLl iii % �-"i ,� S-� nit• f� +end en Litt" /_ heirs, the. said 7e( above ct•serth d: Ta Have and to Hold the sane, together with all the rights, privileges, immunities ani! apprrrlrnant'ess off vhalsoever nature, thereunto belonging, unto the said %.iC{/11...v 4. and la.. Lj i I_heirs and assigns forever; subject to any vested and accrued water rights for raining, agri- cultural, manufacturing or other purposes, and righ(s to ditches and reservoirs used in cenneclion with such water rights as may be recognised and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of lhe proprietor of a !vin or lade In extract and remote his ore therefrom, should the same foueut to penetratehiiNTf.qu intersect thien Premises hereby ranted ys P:0 �� -fir:r...1. 7'.'r 444":-I' c 1u. Teastivaany Whereof,:cet.'r Met! it lie Uniled Neu ir1Eer a, have causal !hese letters to be made paten!, and Me Seat of the General Land Office lo1bbee hereunto affixed. Clive* under my hand, nl the. airy of Washington, the ill 1/.7ciri^ slay ej n+ 4 > ` _- . .., . f i the ,year of our Lond one thousand eight hundred anrt,!1"4•-ee71 -t-`... and of the Independence of the United Stales the one hundrer144�_ u' - -(4•i-.i'✓ . ( 113' THE l'IlSIl)t.'A'T:.L1?•t.rv.-Y ,.- ,- ".+ . , ,idyl /.+• .tl:.:'. rel.✓ Secretary. / ✓. CCTe /(� /. Recorder of the General travel Office. ltecorrlyd, Vol. '3714 Page...4 Flied for Record Me. -4/(4' day of. �tr.,a-tce'Z.a4! f IA. LYTf', at.� clark,,�'...,.11 et c... ..... (fircill%7;?:%7..r.... lf�... (1..(7.. . r. f.r�flJ., 1. .....Deputy. w ,rrnr- ni111,0 Eii ii rr� 1 Ifill ' til cc I; a ti sr. 4.1cc3 THE UNITED STATES OF AMERICg Denver, D_3LS-34t 7/'1,vu Q�Ji •19Ju. TO ALL TO WHOM TIME PRESENTS SHALL COME, OREETIRO: WHEREAS, a Certificate of the Register of the Land Udire at Dearer, Colorado, hu hero deposited fa the General laud Offitt. w1 enby it aware that, pursuant lo the Ad of Congress of alar an?, To Ettoreer Homesteads to f.% tult Milers no the Pulls Domain," and the eels supplemental thereto, the claim of__.._........_ . ..............__ llll.l .d._.. b.._72.11✓h� l 1.un wield/dad arid..1.1,consummated, in roam -wily lolls., for the .lek: f _ r_•-�, -WA-a- • 4_�1, — it a e wti,� r a i a_,.+_d.._;E-A-o-r_4.-0,.4u..Y_ w �/ _s.�l-e �-� .,,a.-59-.-v-.4-..-r(s-. IL .,Q-o-,A 1 .g..L..- L .+x.,--.— _ 7 I L�.JI.., �, 1Ih .r 'Q^f4 ..Laser -s. -tL • .+-4' T ie.. -Q_a rl.fluw�rt-./JQ.r 1-n — fL,,,,L .int.JLLu.... "a' 7 tk..— RMc.t1, .--a•+`,1p. Jk _�._._. 7,....u.tk*-dii. ,4.+t�1�.LJtN ,r"/iN..... -. .O.. ti•-.u{..T +1 L.�. � ALe.cw..r.w. b4•w.�-._ F�•s�•4.�j, r q.�..1 d44..e- . .1_o_d_ 4i*!..+C-l-�,aJ-gj [�.�.1.. �K- tied- a.a+ T�e.e�4-* _,-,,,,..........t. =lube . _ �Vt•rt .40 t.Ctl J 4 �[..st1.— 7'L ... Q..-wL . °�`�4 1 M",,c-i -dL \ i4 +, Cid-1o'72. ; (_d•, �qy� ,4.1.v. iwc..tI et �,terrc p-.e�t-e ia++-,i_ esu. 'tttc..•._ aALt yr a -o... a-e.tt / . according to the Official Plat of the Surrey of the raid land, rrturnd En the OIC IMAL LAND OFFICE 1q the Surcrynr-G neral, HOW %HOW TV, That Them LL therefore granted by the UNITED STATES unto the said dahneal ... the tract of turd slow derailed; TO HAVE AND TO GOLD the said tract of land, wills the appurtenances thereof, uatoihc said claimant.... and lo the Limas! *edge of Om raid elilmant._ former; guided. to any rested and seemed water rights for Wolof, agricultural, masefacturirg, or of her pumas, and rights to ditches and rraer'iein used in eonottlion with such Ira trr rights, as may 1e recognised and aeknualeda.d I.y the local melocn., Iasi, and d i ions of courts; and there is man -0M= fnm the /soda hereby greeted a right of way thereon for ditches or meals coealructnl l,y` the authority of the United:Elates.,. �t a...a-as•� Y...4-we-ve, 1, .1 f / , - c..a- ol';LO..:.rA ' . 19/6.(39 id 2) IN TESTIMONY WIEBREOFr. 1ji d rtle.v W • , !'resident of the hailed Stabs el America, dare amused Ihrm letters to le made Paint, and the seal of the General land tam to be hem7alo affixed. GIVEN aurin my hand, el lt.e City of Waehingtoo, tth%e C t✓L.t.......,.. day of G�[.t�{/e.t� do the Ira of Ow Cordons lhoucond trier hund,Orl mod .. fodependeaoe of the 'edam Stales �the ooe hundred -- - fly the I4nodens• isNaakt +•/��..._ • a4F ! ' Si A By to t,a L_.. f t C.lt' .1 {/1� �+J..., Bombay. ...... .. F-4: {.�1 .....-...... ...., Recorder of the &nerd) Land Office. RECORDED: Levret Nuader. 1.D.7,2-11-11 V ..- FE. far Rm.; the.___..1 --day u—. pl; iL Ix 1921‘., -{�. 6 e d.d. u. Or rs —A -t11V4 itaoor7v. belay and affixed the Seel er the said Comet ant Ocaaty, the MOW eat` 6. •• (SSW} -•' ember gib, e. '.q_a.. ;.......`.... Piled for record October 24, 1907 et 3136 !i'i. Jno R. Weir, Kesel P: n M1 j 04204 elanneM mpg 6.2o.i9o7....i .. _ •..... . I sold me Ohtly. Bailor to Mr Pettit sed Jews for era d+aedent Meier . , Ressield J.P.Jsmss mai* Pettit ..alas ST_LeRI<s iR4.S ,. I Mr Bogett hold leans on said plana for 650.00 fifty dollars vile► Is to paid in 3 mos k 3 payments and rant the said pls.e far 65.00 per mm Signed Byatt Bros Piled for Record the 29th sot 1907 at9v02.oclesk ♦ m. ■ ino Weirtr r gaper • \ 04227. MOTORS? No 6290.00 penes Colorado Ootobsr 23rd 1907 For Talus reoeived,Iproaiss to pay to the order of the Knight Ossepbell Susie °papacy at there Denver 0tfioe,the.sua of Two Hundred and Ninety Dollare,in insteliments as follows;OM or before the 23rd 'Ds ofr.Ootober $907 Ono hundred fifty dollars' let der of. DMpeaber 1907 Twenty Dollars legit dada at January 1905 .t snag dollars let dyr of Pobruary, 1906 Twenty dollars 1st tarsi March 1908 Twenty. Dollard l.t day of April 1906 Twenty do11. 1 let day of may 406 Twenty dealers let day of June 1906 .Twenty dollars s11 mien inberea. riot. d::::.t..:Y` `ate of per cent per anme.The oonsiderstion et this motets the oalr.•to as by.the said 4n!t Knight Campbell Music Co.of one Ihitney Piano No 44543 (the roioipt of whieh 1s herb by acknowledged) upon eredib.isf theimnm of Two Hundred end Ninety Dollars,end to se cure the payment of the above might hereby sake and ergot. a lien on the said piano in favorof the said The Knight Campbatl Wale Co.to the amount of said nete.provided howeTer,thet on the payment of said note,when dee, 1s lien shalt be null and void And provided turtker,that antill default be c.de.by me in thw..paymentot said note, as above speosified,or eon, part thereof ,i as to r.tatn posnssien ah'said plore And it is furtbyr egraed,that this mortgage is given to ..sura the parehaee prion of the article or ertieles h.reindeelgnet.d,end that lathe event of the nonpayment of said note,or any part thereot,at the time and .place specified in -meld note,or in ewes I shall attempt to moil encumber or remove the meld plans from the present read dense of tbs subscriber in 0leneood Springs Garfield County without the written parnission of the raid ie Knight Ce.pbell Mimic Co,or in ease -the Bald -piano shall be seised on legal proe.ee,the said The Knighteaapbell Music Co•their egents,atterne ys or aesigns,may deoiare said Leti partte11r or wholly due,and take possennion of said piano wherever the sue may be found,without preosss'or lmw,end menthe @sae at private eele,end out of the proceeds arising from sold sabi,pay all emits attendings the seae,and deduct a•tair and renewable °omission for making said oel.,and out of the balance of said proceeds pay said note and interest paying over the surplus ,if ary,to me on demand. R.P.Meleby(..al) STATE OP COLORADO , COUNTY OP GARP1ELD )s. T his Mortgage was aoknowiedged baton me by R.P.aalsby this 23rd day or October A.0.1907 ay Conaleslon expires January 9th 1911 0 1 lsylor (Seal) Notary Public et d.00A.a.Jno R.tdr recorder By M P remedy Deputy Piled for reword the 31st O01907 THIS INDENTURE mode andventered into this 16h der of Cot, A. D. 1907, by and between the Grind River Irrigatiea and Development Company, a sorparstiom liMganined and existing under the laws of the State of New Jersey, party of the first part,a!nd The Colorado Telephone Coapany,.a oorp.retion organised and existing under;�.i lata and by virtue of the laws of the State.ot Colorado; party of the second part, • I17t��Saz�t& °' Por and in eonsideration of the sum WOMB DOLLAR and other good end valuable eonsidsratione, the receipt whereof is kersb�, s es a��l s11��o� edged, said rt or the fleet pest has granted and soasvered L T1I1d gcaL�ifLDO�TILSPROMB CON. r PAPP, its suoceisors and assigns, a right+orwmg to eematr.et, operate .ed maintain its single system of telephone lines, isaleding the rigat to set end maintain e single line etspo i', an.hor,, guy and braes polo., wires and other firearm; to et— tech tO tress bow grewing.all necessary gaff wires Upon. serosa, over ars *long the following deseeibsd property, lying and being aro sitenta le tb. Croaty er Garfield State of Colorado, to•wit; Beginning et a peiat 10.2 miles east of the town of Grand Taller, Colorado, following the present lasstlemed right.otwteay et the Rio 'rand. Jumetion Railway tea point a miles lest of sate town, thaaaa .1793410a north to a. junatime witk. the pr ssaat.nemstruetsd Seleyi®s ltmsi all poles, ambers, Oahe, wad other fixtures to be set and legated inside of a dig -Mese of slaty feet Mirth St the north linter thila.promal rilgaamttlowavit tis' !lo f*aria _,tsmrsiaw. dial% as mw Stoked by the ,ale.Stiap. Maitrgp at late ares' a%faaR W 9 W .00t14.1 14* se t Tee. Mi*.t4U..i. et -:o lrileasRT . i— '.:.:. list's,• to bs eat east loastai es pet a/;sesmmaS lsalts•tr afar _•�.__ . = .... alum -1 _ ►_Al 3 a Jli4.: P!! a aislgtlars• pMteMM �e.lOSOSIS iR the �. Oat s.fi.rd laiseilsra. .. . i7 3 it Ts is s. u. e • t yelt.• . VOL UME I 155 I . . • . . Eta Mali= k...11..altzer, 0.. 0.1.:Adh. Epribo. 1.1111 • • • tonio- tiuo2..r 'A191 4'. - 'tipi t aLIA, --e=--- ha Eille•of • Oe.'11A9-; '''---...=-,-.:. . or ate ro??Ildereilon of ' "? ', t ' '., : 1 -0-.Cri '?...._ _...0.- ktiktultal litlthna-ltAli • ' ' ' ' ' 4aLe ID bbd il.Thlbaby ;it 72 17" , • i . 4 ' — ' • the following rest property 11194. tr 14 COUrdy .. 4ill:(..".1;410.°:':...,1t• 1.11Al.‘1'.. - . ..4n4 i Stli"L.- .-- -7-- '7-4---7 - - ' ...ik : . ' :,i, li, 41,..;;(1 V i.1/W„ei 1:' ' ' ....f ci.Etid so.1 -tat, -....ol do, ICi-ni.. .•..'!„ ,.:;.,.. ,,..,.. ....r.... „.. • , , :',•-....'...,:a61. :21,23,•1•,=';,,";_ii.4.'.?20.1. ' !''r' „'-, :',i; -- , ,1, .,,..— •,' .1•171./...11:2%1':=•'- • •,r'i'‘‘• ., ko,.*.fsvii,'Pav,g4 ,14.4 t'ese.0:1:' 4b4.10: .,i.d,fr • 1-61 '':..t.6;:id-'''' 4 :‘"1::II.;; WI' " "'"''.--,...4.4'.0:y.4.4.4,4 . . ..,__,.. .,..- ' ''',:en.V.•:=Ca..4f-j.'• . -I'''' . : ,-;114 4 : ' . ' f:t. ..!.' ', '...:-.:" ;,;Lii:',, '''.StA",`-' . 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'4.1,;:-9CC-4SE.44,-,,:-,,riL...i''-'7:f67; 'i71,,. ,f4,:;ir filt---'''''' 4'Zie-i 3.kJ(>; ' ‘. kiy :le44:Y0,*.;14.(1'4-.4.-iiti..:•W f11.'-' ..if4;r1.4.W.2•111).%., '''et,,?.;'t'tL ciik • ' ( A,L.,.-',.d. fit. ,:/ .,;',.::: i : - ,i,:s..!1„,ye,:i,:-,1--e:i.ec,,.,.411--- L-iiij.r.''''tiii-4'ilji' ,W;a,:;44..-id. 1-,4.4.xA,_t-4514.;„,,..//pk*,,,q21), f " '5; .2‘.i1:.• ,:: -, L2?-€:;.-.:T,Lti4 , .s./Lit,,,:tut,4,1-,...e.., 1,114Z16_40.!•i. • .13:7700-,411.,;:rat /.1,4.7) L4."....!K4-,1.0• 4,::',e'.:..:.i';.4::.;.,&: .:.4 • '.:'.:'• .'.1....4.,:;.,........':,;1.:,-.-.,,";..„i..1.,,N.;... 4.tu,.,\1.., ;:. ,.... .n ...9,-,.,.1 4 . c a.xff7:-',,L1(: 1"1: ' L ? itj.ijp4:&r161,_/tt 'k,;eu' v ' itf 44. .e.4.41:144.404.; 'i•i;.!ist 'dj;i1;"1;a: R.I. t'4...dt;ii_IL:t:y1.:4-,,viix4.._w .0$;::o5:4:41:11, -,,,,k/4, w 1,; • ; - :3ipo.ii..VA;t4ligLI045.-W13.k;?.-,41.'g.?;LVir MuY444..rlith..,-r: a;. ----34-:0g1-1101, j:14g.;!'"41(AVYIK:1214444h1.1) - 3•5:J- - .43. ..(Ko.,_•.ww.:422. ,,,,.64.4i' 5: l.:P:49,16:1d,_ g4..-o4J.`4Zi-Se:i4;17:a.4...41.,#:.r.tt44-.4.-.4;T:e" . ....,:i41.4..i w• : -,:: '-----ti pi; 4, '" :_lti,,ick . , ,. , _ ..,..., ;,_r.,.1.3:R.144.:e. 1.1 1-:.::Att.- 4 I tta k•At -160 I- &ii1 4.-6JJJ - cw.kuartara wi.t/r. 0)2 with III Its appurtenanoce ocel-;carsaat.41,4Hitireertbreelo- an:.-et Ottun. Ykincktnelf.1. tLLf, .4,1k0 Ldfi .111-4 . . . ftlifi, utLit-e4i4e4.4_ s^ --k-111, el4A.)-a *14MP /SO. Signed and &timed of--atrt_____., A. n. ILA y. Ix cog rerrr_erg or ii----"--7:—.--7--•------r—••-•".^.••• sTATF, or cOLoilmw, 1 of:._ : • r .,L6'....,:i2,.. .._a),:l.AT _.;.—Coe-mt,r, In the Ettgres:411 do,hrebil;ertifyttat.._______. • : , ..- - ' i - .. 0.1 . • . rho 1-.1 • -• • ' Naomi,/ kiown to ot 1 tho person—ethaeo . ithitierrim,tett . to the foregoing dea, sneered kfore'roe thls day is penson,pod neknorledged ant staled lad daft -end the slid instrument of vroo_ Ng s_ M.4._... frre arid rolentaty set noti doed, for the wee end rowneen therein set forth.r S A..., .. b Girt% antler my Land al nd. - . CkftkleLL-oetti, itthi—...kti,.._..hka_11,104_ ..D, 4.froA3 1.4.6icir .144 /244.1. 41:tql.d.44.4,4•44 . Or .4-4,-;11 4144.4 A -4,A A.4...C1 '....; ',•7 • My rontrolcsion Fnici for record IL" ity • •—:a.tilltir.froeoge. - • Derocr rarr..-oo writ NA.. aarik.g.k.:"7 77."."4:11.•1'11" - " • • 7 noti LJt fl iji.j_:tkiiielkoltnift, • • : !,. ,g ::itty to ilia' ..and State L. or !be coosiderrao of ' ' ' " COunty • • UAL— d the donn1y of • It6-1,4444-•---____Detto;oo, to band paid, hereq tell aid f end the Biala of toilelrios rest property &islet in he County 1111 • • •• of Garfield and Staigid loiado . 14 Adeartv_. 4.et Jet and for subscribed wthe KUM.. ).. 17217- . -.2-.4,=.1' . .:•••il'...41#,;!' 1 ..-4,--..,NT.,....., .....4:,..4,,, 114:61,..L.:,::,....„,_ , '' .io '-i '1% q, Iliz.Viokii-Ofir i li:- Vi. ' :11,61;;CLX8 L.-;Ats'ET/:' ir‘tVe..4a,:tV-L_Ve :5ttii'Aig:i7.-;`U'o 3, ;'L fi ••,-.1.4.M, .• ,iit.§1,;,;:z-J2:4titr;::,..'iji .,: ,.,„ • ... . ,• • ,,, .1 T::K,.fr .,9 v. '.j.61.:izittiitf;;2; .,,L= ,. _ •,„ .: .. .. s.. s's ...15210.4142.ina 4_ a.S.IY,1-__V" ' ciL4' tj.r.--1:.41,314tiea-A4'2-1.V444Y-a-fff,5t -'1-- :ALf4a3Vi24.2.10e;LG'.-.:''..fr _.& ...itio.,..-Ert4i,yely.--s/..--:-..&i.,:' .._ 0•.,..,•.a.41t1,3fiiki,14:. 1.r.'-' i;.”-itif.:,...;,4_y.04i1R,It,.14);.:...4.4.A.t.v......-/-; • • tteA iin;114 _Oce-LvK:,:i:L4_.•;:•'1:e;_a•41,4! 2 ',-'Iu 0,1%1-3-.W.Lt.:;L:•'_•2.13.4•-.:6•13. 1 e4_;_.a4144:441i12-"-. ._ .i.o. . 91». *• zi....6;:i.a.:irtki._et.:.t1..',,V).'.i.P,....i.:T.J,.a:;, _ 0.,,t14.At 3. . A fo..ci..t_. _ EL4.1%...32,_ _cm ,ff....qs-46.....44.1.1i, i,.;:p....: 1,' 3- .n.cigti 3 ,-.-'24,t.• -14. g,l.,3:;5,..: --1,;-.261.1-1-1114)21-- -'';'`'.6(-4-'• 51.4: -7/ fli- 1.5,4)._t_ .., ..Z1. i_i_tiE A: ' .. ' ...2:42,,...P.V.,/.2147, 7.L a.,ejt_.,;, .',Fri,.;:.'rk•L.:ie.r, ... , LA 4,..,AY-R.41.1:7LIAT7"4:4-4,74b:"-- 7: 'f•k<20. . —.. _..I7'1.-1 „...„..„4„‘„ fiLi. it. '' • flat..i,„,_,..kki.,itfiA....V...i.....4d- i:,___B-14 )!ioLit ' 9_il - . , 14: , e ..,,,...,a.e.,-,•-... mio... ..,..:.;i:.•iiIii.C-JtS:It" 1•,•-;*". -- • ....f..4....; _,..4 ac,t-ei..._ 1.1,D 1J__ (17 _.,;-- .t.k..... &mat eke. _.:,.A. ..4-0-e:djIW r....vrrtre.niztrt ife-ra -er-nZef...11-4-.4., . lh J1 ie appuilrasaors 544-gKonext-14.-14.1. 6.44...11.4.424K . A.)4 1.4 and drtircre4 k,11....-asy la; rue Pammer or A. D. Cou o of— said_1,2 ri-4,41,;•;.2i-71ritfilkt.-PrIti.e.ret(.4.1____—_--_im and for STATE QF COL _-_____County, in the State atom 'I, do hereto. r-er 1144, AAA-- 1 to e to Le the person.„,•nhate oarne' 9sulu-ribral to the foregoing decal, appeared Irof e !Mr day In pram pd artouttledgrd that waled and delivered the Laid instniment'of writing as—. :leg and voluntary art and deed, for Iho uses Given trader rOy hand and- _ettr_t day of— OCT( 104_ My commtarlen orpires-71A' A. n. (-) d • thereto ref for& ' nari A. D. WI - • -11.0-4.41:—IlEcoarnrat- -, 1:17317Tr By a the rand .ty, Io .r first iF LI MALI 3F Ii.} hrfore• airing 7061E Vvr_urfw OM.CLAM DWI. Th. GF. rt..WlSxt rack arak,r..,a,e,er. d4 Per71 alis 3pte eeb, /,!co (f bn:dmlatndistit#1 .'114tur _. . V_s!tk6Lai..e t 0&And . of the County of __.^,/,s,n.r.4LQ,it ... //At ......., day of _ .._. .s -._.. in .ire ear tr air Inns one thousand nine ,1 xecnfu.. ��i r.�l:iaf�i .41 nhaacsy.., tt. is 3.r.L/t...... u7 � F1 p f 7� ... •-r5n I !!!! ff'' ., 11and h air of Colorado, of the first lad, and p, 4.01- Ga.Prls.l.e. .a r� +t„e, ./i....._. _.._ crab~� t , .aii. Lha pat ,y ea.a or 11x• County of -1/ and Slate of Colorado, of the second furl. 11'1'I'NF:i4F fill rat the coxa IuwL.,.ttie_ r! Iho firs! peer!, for and in evmidrratinn of 1ho rum of ate ..re-.9.1.rt h,n1_...__.... .ifA�v,ti.iA£1.Ewa,u.ei.fie.a.�..w.—�.._.___.�..... ...-•-------•-•------••--••--•— •f-kxxt>a toihr aid pnstlf-o-.of theflrrl pariire Biel 14.1lry• Ilio add partite_ of lheircand part, the rmipl wl.acrd Is hark' mntragd and arLoosle.fpd, 1.a_/EL. rcrnL&1, rrlraanl, sold, tors Stir] an, Qatrdi.twrn, en! IT Hear prrsrnia an n'lrnrr, nit, marry and ilcti-Ct usu unto Ibe- raid Iurt.tr a_. of ilia second purl, __,, lits and asri,m forrrer„�,,all tho iighl, lil]r, intrust, claim and di mind wl3rh the timid lnrt..ie.+�. of Ilie End past to-:SIftLl __ Ins jI to e Mot log deecrils:A �kai...t.darr, r..t. pit ......._ -............»....... bring in the County of .,-..-....__...,aniStairrfCktormlo,to-wit: ritmtr, l}inRaml au ILIa at �. �t,t l td �,..1 acs r. K e r-1 ,t...r f l L.4. • ��r. i t chi a ut.if Ic'�s`93, G.L. �J #.4, ,i1.u,f- aid Vs 44-414o i7.7 h.enoto / pducr w e UfLLt44 L al.a.st r 0-.-4/cut ' w LW ,Z �L..a,U that O$4J, .a o i.T, J4 fid¢ 1 a.. /r 1.4tAe t:o p.e-j.+ti AJi. ..est a -t, £-ice-tv..L it%w.,r +.: s.../ �a , , dea. R ,-,,v-r_Ift a44 A.c.4. -,,q. .:, a.v� 17 .,t,, c,..•d ,r,;..,w.c mA.L..u..r1,-,I q_ en, ,I.a-�.a2.a. AV . _. .t�.t .1.4,1•:.1., •.,er a.r.1•.7 TO ITAVE AND TO HOLD TiIE SASH, Toot ha with all and singular trio appurlroanres and priviirgrn 'hereunto Wowing, or Ti any wL•r thereunto appertaining, and all ilia estate, 4111, title, int mat and chin whatsoever of the raid par/ Las or the first part, either in tax or tgoity, In the only -proper m , Utah arid idol nl of the raid part.tbv- or the rra,nd Iad,.t tto.._..._ yIrti�rs aadauigs forever. IN WITNESS W'ImITEOF, the L at i Fort.tt�_ of the Fret part !mart, hereunto rot _ ite-t.st -- 6.Mt . enJ rn14. the day and year first Surssn aQ� rt1'S?EEAGLi: t(/f...1 ..fl!E fsaes written. ...Vy, PRAM SEAL).ii.t3/fSS STATE CooNTT of 0.= in and for rahlA 0COLOrtADO, ' ae. C1 .e tt.ate_..-... l,—.0.elec:4._ .iia eet.w,--•4.[j y I /J` . att', in the Efate afomahl, do hereby rrr/tiily that ..N _ 2:7.1/ .. .._ A,..r� ' �r +twod_ L1 _l.+G . �p�7,_d�. c �Q'I!�i4-/`�Atjj�...Fj..l._�eat. ,.aL� ._ .. .. prisonsow a e epxrsan4.v. me named...0.t.L.e-..0 ' ri laIhr gg Dred,ap fore me t i day In memo, and atknoakrisni that. -;{:dente _?Igor.I, i d:iimed IbeFnid last Mahal of writing ea _ 1t.t.tA.: _y fret and mblantary s1. , for the Wee el purposes therein sect forth, .—i.+.tL,, f,ei.... / evG,..G.. Mtn r(+1ia'enusmle e�y�igdend.]f aiu6: aml,this_JU......_.. day of... ru.�t}._ ._..._-___,1 A.n.19.a.. (�' 0 My iammiarion earful] —1114-1-1../....2-_4_ 19. ie. J .-_'-t-xtn�..1.1 ,arc....... Filrd for mann! the ___...._..-��,..-...._ day a JA —, A.1). at _1. 0 odock ---h1. .1011N\C�L�L 1 _`1 .: !L?s Emma FR. "A'R'T .., _..__--���'�=•�.�L:T:_�_._.— 1. ...---t—. , Meters. 9 • • )10U e 177 r 1 Signed, sealed and Delivered in the Presence of': Ur. Chas. H. King-„ Fublio Trustee in said Garfield County: Please execute this Release, the indebtedness secured by the above mentioned Deed of Trust having been fully paid. tirr,11 P. Cutler ' 'Executor of the Estate of Lizzie Sohulz, Deceased, legal holder of the indebtedness secured by said Decd of Trust. STATE OF COL9RLD-3} 55. COUNT! OF GARFIELD) 1, i,. D::rr,icc Paine, a Eatery Public in and for said County, in the State aforesaid, do hereby certify that Chas. H. King Public Trustee in said County, known to ne. tobe such' and lto is personally knonn to me to be the person those name in subscribed-. to the foregding Deed, as such Public Trustee, appeared before ns this day in person, aind'eeknerledged that as and in the capacity of Public Trustee in the County aforesaid, he signed, sealed and delivered tip said instrument of c•riting as his free end voluntary not for the uses and ourpones t7erein set forth. Given under my hued and Notarial 1Iy corr_ission expires Aril 2G112 FIL v 70E 712C0flD rid. 9, 3.92'J .. seal, this eth day 0,,10....... M. of 'February, a. U. 1929. E. Bernice King Neter/ Fublio `..3S.:r1 S. :„OGT, S. L._E.gi. DEPUTY' - Yo. 103573 (BIT CLAIM MED This deed rade this.5th day of February, in the year of our Lord One 'thousand nine hundred twenty-nine, between G. A. Taft of the City end County. of Denver, Colorado, individually And the said G. A. Toff as agent for the Taft Inventnent Company, a corporation duly Organized and existing under end by virtue of the lens of the State of Colorado and as scent in any eepeeity-f0r'a'y-other:persi:ui'eud-the said Tait•-lr:estnent Company, parties of the first part and the Beek Cliff L1ve'Stuok Cuupsgay, a:•ebiparatidh duly orgenized-end'eaisti►,3=under a.-.d•-ey virtue of the laws of--the•Stete of Colorado; taking hereunder as grantee, an undivided one sixth- interest in and :to',the •property hereinafter described, L. 11.• Clough taking an undivided one sixth interest, Jacob Eshe taking en undivided one third interest and E. H. llchaffey taking an undivided one third`interest, all of Garfield County, Colorado. parties of the second part. 1litntaaeth:.=Th.rtc.the;said_,pertieii,of„the_firet part,.for.,and in.00nsiderotion ofthe sun of One Dollar 'aind-other''de1iiabls'aonaideratioas,`tu tlia said pertles=of'the 'firt"pert."in'band paid by "the `situ'-purtiea=or-'tie eeoad;pnrt; the'i'eaeipt`shereof ie hereby euriieesed:+ina''" aok'r.orledged, have'renised, released, sold, conveyed and 'QUIT.CLL1L D, and by these [resents do revise, release, sell, convey and kUIT CLAIN unto the said parties of the second part, • their heirs,.cuooeasors end. assigns, forever, all .the right, title, interest, claim and demand rhloh the'soid' par ties'a£`tlia7rirsz-part `uave"in-and to the follosinf,.deooribed land, ,ditoh end eater rights; situate, lying and being in the'Oounty of Garfield and State 'of 'Colorado, In the proportions aforesaid, to-rlt1 ' Lot 2 See. 19 19,.6R .6 5. .93 17. of theeth.p. 1!. NEsq-De+ of 22 , Sfi}, 5E; 0f kZ+, lots'1;'..2 and 3 Sec, 1Y, SE; oi''s3, Seo.•14, 52 — of sy*,"sE of sE},,H- of 5E} end s, of ,S1-1-1 less 26 acres lying south' of old iii z•Cenel conveyed out to K. •L. Popple .by treanurer'ff :deed'recorded in.. Hook 70 •et' gage 111-, erfield County land records;-.e.iso the 1ij of MI,FE; of sv;$- and SE; of NT* of.See.=^ T---6'..S...._94:i;..of. thcr_pkh;P.,1:3.;'_theit of the 5T}, 17;.of55}and that port aN' of SE* ani of R Lot 1 lying north o£ •ths'railroed right—Or, 'r'ey- end that pert 'of `tiie'Sa" of f'shy - lyieg north'bf riellroad•right of .wily,- Sec.':22 T. 6 3. R.. 94'11. of the lith -13 . M.; Lots 1,3 and 4, NL} of .1,717+, hii}. of ]cz;- S,es: , 23,, and- Lot_ 4 of neo.. 24; Tp 6 8. R. _94-.W. Air the 6th P. M. lot 1. lops _•25 aoreo i.yi_ng north of county road -conveyed by :bid Treasurer's deed, end the -..M.•,•• of Nr See.' 28,- the N�',,- of K'3 -, the 1T} of 1:171, the .t. or NE; and Lots '1',2,3; and 4 Sea,.:y .• • "the Se* of N• ET and Lots 2;•3, 4, 5 end 8 Sec. 30 Tp 6 3.•R. 94 u. of the 6th P. M.;'the 8E1 of;= SA*,, the SW- of $21 and Lot 1 .less the 1:42 acres described in, pock 78 et page eQ. of said records end lots 2 and 3 less the SE;•''of SE} Seo.. 25, Tp;• 6 8,R.` 95 2. of the 6th P. H.; the Sk54i of 5 Seo. 26, tip 74f:of„SF1 and all of SE4 Seo.. 32 Tp' 6 S. R. 95'2:of the 6th' P ii.'; the SE*, Of SE; and Lots 34.2 and.3 and that pert of the 11, of 5r* and of the 2 of SE;,lying nevtli of tile 2111- oox Canal, Sen. '331tp 6 S. R..95 .17...of- the 6th P. 11; that pert of Lot 1' lying ncr th"of, railroad richt of ray. and' the Sf o£ ha} -'lura the 1.T1'of'S2 - of 1.b1, the 2v2 of S3; the hl* of_SE;; the Sx of SU end Lot 2 Seo. ' 3 Tp 6 S.. R. 95 Ii. of, the Gth P. 11.; that part of NE* of SG} end of NA* of Sat lyingsouthh of the 11110ox Canal Sed.' 34, Tp -6 S. R. 95 2. of the 6th P. 11.; %he 541 of h:-, the NEof NPT;, the Ng} of NE* and Lots 1, 3, 4 and © and the 31 of Sia} less 41.76 acres lying south of Railroad right of ray end conveyed by deed recorded in Book 20 oc page 122• of said records, Seo. 35.Tp. 6 5. R. 95 11, of the 6th P. H. Lots 2 and 35eo. 36 Pip. 6 S. R. 95 2. of the dill 2. L3. •loo l,•-vec.a-3'•Lot l.see. 4 end.Lots 1, 2, 0, ,4 and 5 Seo..5 Tp 7 S. S.B. 95 31. of the Gth P. F. the 517* of SE* Seo. 14, the SL of SET See. 22 the E -'of hT;; ,the S4;'ot'hli,`the` the 2; of 537} and Lot 2 See. 23 Tp 7 S. R. 9 11. of the 6th 2. 11.'; the' H} of la*,_ the 817; of hE- the.SE; of LT*;, the 1:6} of Sts, the '7 of S and Lots'1 and 2 Sec. $7 Tp_7 S. R.'96 2. of the Gth P. IJ.; the SE} of SE* and the 22* of,Sli} Sec. 28, and the SE} of 6E1 Seo. 31, and the SE ,of 517;, the E; of HE. end the Et, of 5E* Sec. 32, Tp 7 S. R. 96 R, of the 6th P. !C; the s- of.5' the h111 of SF{, the ?;e of'1'8o of NE, and Lots•2, 5, end 9 and 23 acres of Lat.1 as deocrlbed' Book 38 at Inge 120 of said records, Sec. 33 Tp. 7 S. R. 96 11. of the eth P' 1.1.;erlot 4'Sec: 4 Tp a S. R. 96.31. of the 6th P. H. ; lots 1, 2, 3, 4, 5, 11 and 12 and the 5114 or TT; See. 5, Tp O S. R. 96 17. of the Gth P. 'If; lots I end' 8 and' the hit of SE}, • tl,e Lig of :4 and 731.1•10,1 rights of way for county roads and railroads, Sen. 6 Tp S S. R. 96 P. of the 6th, P. 1!; lot Sea. 33 Tp 7 S. R. 96 S7. of•the 6th P. I1;Jitcgct3er with all right, tItli• and interest for:erly held or ocned by the defendants or any ono or more of then, nured or designated as such in decree entered in the District Court of said Oarfield Cdunty'on June 19, 1924, In eau:: No. 2371..entitlod O . A. Taff Aeant elelntitf, vs; The surri:in3 trustees, names unknocn,'oonstituting the lc6t • noting beard of direCtOrLI.^^-being,rerhar/s thereof, of The Grand :over Irrieuticn cad Eevelep a, -,t eernnny, at ul, inand to the Hallett Ditch %i11ch inciudce the -Excelsior ititoh and ell of.r.hich ' h_c been eonvertnd into the 3.3)icoar OFnnl, a private ditch :'CVC, the Celeredo Myer ie Tpi a a.F. •