Loading...
HomeMy WebLinkAbout1.0 Applicationqc" �''fRECEIVE;`= AUG 312009 GARFIELD COUNTY Building & Planning Department 108 8Th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-cot.inty.com GARFIELD COUNTY BUILDING & PLANNING ❑ PIPELINE DEVELOPMENT PLAN 0 PIPELINE DEVELOPMENT PLAN AMENDMENT (Check the box that applies) PDP 12908 \''PA_C\ Q°I -(ieVe)(o GENERAL INFORMATION (Please print legibly) > Name of Pipeline Owner: Marathon Oil Company > Mailing Address: 743 Horizon Ct., Suite 220 Telephone: ( 970) 245-5233 > City: Grand Junction State: CO Zip Code: 81503 Cell: ( 970) 640-4851 > E-mail address: cryland(c marathonoil.com FAX: (970) 245-6287 > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) ➢ E-mail address: FAX: ( ) Description of Project: Revise a portion of the approved right-of-way to collocate the water lines covered by this PDP with a natural gas line being constructed by EPCO ➢ General Location of Pipeline (Right -of -Way): Located approximately 7.3 miles northwest of the Town of Parachute > Diameter and Distance of Pipeline: App. 5,820 feet of 8 inch and 4 inch water lines > General Legal Description: Section 13, Township 6S, Range 97W, 6t" P.M. > Existing Use: Gas development, limited grazing ➢ Pipeline ROW Distance (in acres) 4.01 Acres Last Roviscd 1/1/09 Rockies Gas Team AokMarathon 743 Horizon Ct., Suite 220 MARATHON/ Oil Company Grand Junction, CO 81506 Telephone 970/245-5233 Fax 970/245-6287 August 25, 2009 Garfield County Building & Planning Department Attention: Fred Jarman 108 8th Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT: Proposed Amendment to Approved Pipeline Development Plan (PDP) 12908 Marathon Oil Company Fresh & Produced Water Pipelines Dear Mr. Jarman: Marathon Oil Company (MOC) hereby provides the details of a proposed amendment to the subject Pipeline Development Plan (PDP). MOC is proposing to revise a portion of the right-of- way (ROW) previously approved by Garfield County. The details of this revision are provided below and on the maps and plan and profile included as Attachment A to this letter. This revision is requested to allow a portion of the ROW to be collocated with a natural gas pipeline being installed by EPCO, Inc. Collocating these lines will result in an overall reduction in the amount of surface disturbance resulting from the construction of these pipelines. EPCO is in the process of obtaining a PDP from Garfield County for the proposed gas pipeline. Potential impacts from this relocation are discussed below. Surface Owner Approval As indicated in the original application for this PDP, the surface in this location is owned by Chevron U.S.A. Inc. Attachment B to this letter provides a copy of a pipeline easement agreement between MOC and Chevron authorizing MOC to construct pipelines in the revised ROW. Attachment C also contains a copy of an agreement between MOC and EPCO allowing the collocation of these pipelines. Wildlife and Sensitive Plants The wildlife and sensitive plant surveys conducted by WestWater Engineering that are documented in the application for the subject PDP were performed in an area extending 0.25 mile from the center line of the originally -proposed ROW. The majority of the proposed relocation is well within this survey area, so the conclusions of the WestWater report are applicable to the relocated ROW. No sensitive plants or habitat for such plants were identified in the area of the proposed relocation. In addition, as documented in Attachment D, the results of similar surveys conducted by WestWater for the EPCO project are applicable to the collocation of these lines, and all construction will be conducted in accordance with the requirements of the PDP currently under review by Garfield County Cultural Sites The cultural survey conducted by Grand River Institute (GRI) that is documented in the application for the subject PDP stated that no cultural sites are identified within 1 mile of the proposed pipeline ROW. Therefore, the results of the GRI survey are applicable to the proposed relocation and no effect is expected from the proposed relocation. We would appreciate your prompt response to this request so that construction of these pipelines can proceed expeditiously. If you have any questions or require additional information, please contact me at 970-245-5233 x 2230 or Doug Dennison, Olsson Associates, at 970-263-7800. Sincerely, Michael J. Suek Operations Manager cc: Doug Dennison, Olsson Associates Attachments — As Stated I. APPLICABILITY Pursuant to Section 9-102 of Article IX of the County's Unified Land Use Resolution of 2008, the Board of County Commissioners regulates Pipelines that are: 1) Greater than 12 " in diameter and over two (2) miles in length; or 2) Any pipeline more than five (5) miles in length, proposed to be located in the unincorporated area of Garfield County. A Pipeline Development Plan approval is required prior to the issuance of any County permit with pipeline operations. However, pipeline operations which do not require a building or other associated County permit must still obtain a Pipeline Development Plan approval under this resolution. II. SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. (Submit eight copies of the proposed development plan with the completed application form to the Building and Planning Department.) 2. Submit a cover letter explaining the purpose of the application including the pipelines, length and diameter, pipeline commodity, and the general description of the pipeline route. Attach any supporting materials that address the standards and criteria found in Article IX of the Unified Land Use Resolution of 2008. 3. Submit a letter from the pipeline ROW owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the proposed pipeline ROW. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24- 65.5-101, et seq. 5. Vicinity map: An 8 % x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed pipeline to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre -Application Conference. 7. Proof of Ownership A. For individual pipeline right-of-ways, submit a diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility, or area to be disturbed. This may be drawn at a smaller scale than the site plan. B. For an area plan, the map will show the property boundaries and ownership information for all private and public property included in the development area. 8. Notice to Surface Owners. Provide evidence of surface owner notification and of surface use agreements where the surface owner is not a party to the mineral lease. 9. Regulatory Permit Requirements. Submit a table indicating the permit agency (local, state, federal) name, permit action driving task and the task to be performed to obtain the permit, prior to issuance of the permit by the County. 10. Primary Project Participants. Include the names, address and phone numbers of the company representative, company and individual acting as an agent for the company, construction company contacts, and federal and state agency contacts. 11. Project Facilities. Identify any permanent project facilities such as permanent right-of- way, widths, meter stations, compressor stations, valve sets, etc. Also indicate any temporary right-of-way, staging areas, width during construction, construction facilities, etc. 12. Construction Schedule. Indicate the estimated start and end dates for construction, days of the week in which construction will occur, hours of day during which construction will occur. 13. Sensitive Area Survey: List the types and areas of concern within and adjacent to the pipeline right-of-way, such as: sensitive plant populations; identified cultural, archeological and paleontological resources; and wetlands identified during pre - construction environmental surveys. This rule does not apply in previously disturbed corridors or rights-of-way and/or areas permitted by the Colorado Oil and Gas Conservation Commission. 14. Revegetation Plan. 1. Submit a plant material list. Be specific, scientific and common names are required. Include application rate in terms of pure live seed (PLS) per acre. 2. Submit a planting schedule that includes timing, methods, and mulching. 3. Provide a revegetation security. A security may be required if, in the determination of the County Vegetation Management, the proposed project has: a) A potential to facilitate the spread of noxious weeds b) A potential to impact watershed areas. c) A potential for visual impacts from public viewing corridors. d) Steep slopes (15% or greater) or unstable areas. e) Disturbs large area (Half an acre or greater) 4. The revegetation security will be in an amount to be determined by the County Vegetation Management that will be site-specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully reestablished, or for a period of time approved by the County Vegetation Management in any specific land use action, according to the Reclamation & Revegetation Standards Section in the Garfield County Weed Management Plan. The County Vegetation Management will evaluate the reclamation and revegetation prior to the release of the security. 15. Weed Management Plan. A weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted by the Commissioner of Agriculture for statewide eradication. 16. Emergency Response Plan. Include a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events, a listing of persons to be notified of an emergency event, proposed signage, and provisions for access by emergency response teams. The emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as appropriate. The plan shall include a provision for the operator to reimburse the appropriate emergency service provider for costs incurred in connection with emergency response for the operator's activities at the site. 17.Traffic Impact. For construction traffic on county roads, indicate the anticipated types of vehicles, number of each type, anticipated number of trips per day per each type, county roads to be used, and percentage of the construction traffic that will travel on each listed county road. 18. Staging Areas. Indicate the general location of the staging areas required for pipeline construction. 19. Hydro -test Water. Indicate the quantity of water required, source of water and the disposition of the water after testing. 111. REVIEW STANDARDS Pipeline Development Plans will only be approved if they have adequately met the following standards as required in Section 7-815. The Application should specifically respond to each of the following standards: 1. Right-of-way and any associated facilities shall be located along the perimeters of surface property ownerships and not within areas of agricultural crop production as a general guide. Non -perimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. 2. Any equipment used in construction or operation of a pipeline must comply with the Colorado 011 and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. a. For any pipeline construction or operational facility that will have a substantial impact in adjacent areas, additional noise mitigation may be required. One or more of the following additional noise mitigation measures may be required: 1. Acoustically insulated housing or covers enclosing any motor or engine; 2. Screening of the site or noise emitting equipment by fence or landscaping; 3. A noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and 4. Any other noise mitigation measures required by the COGCC. b. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 3. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. a. The location of right-of-way shall be away from prominent natural features and identified environmental resources. b. Right-of-way shall be located to avoid crossing hills and ridges, and wherever possible, shall be located at the base of slopes. c. Facilities shall be painted in a uniform, non -contrasting, non -reflective color, to blend with the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 4. Access points to public roads shall be reviewed by the County Road & Bridge Department and shall be built and maintained in accordance with the Garfield County Road Specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road & Bridge Department prior to beginning operation. All proposed transportation right-of-way to the site shall also be reviewed and approved by the County Road & Bridge Department to minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences. 5. in no case shall an operator engage in activities which threaten an endangered species. 6. Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. 7. All operations shall comply with all applicable State Public Health and Environment, Water Quality Control standards. 8. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. 9. The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recon touring and revegetation of the surface to pre -disturbance conditions. The Planning Director may also approve a plan for an alternative post disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan. 10. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. IV. Process for Pipeline Development Plan Application Review The review process for a Pipeline Development Plan is an administrative process with the ability for the Board of County Commissioners to "call-up" the application for a formal review. Note, the timelines outlined in this application only start once an application has been deemed technically complete. Please refer to Section 9-105 through 9-109 of Article IX for a more detail of this process 2. Referral and Review by Planning Director (Section 9-105). The Planning Director will coordinate the review of the development plan application. Upon the filing of a complete application for development plan review, the Planning Director shall promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor, Vegetation Management and Engineering Departments; the appropriate fire district or County Sheriff; the surface owners of an individual pipeline development plan; and any adjacent municipality for comment. a. Referral comments on the proposed development shall be returned to the Planning Director no later than 18 days from the date of application for an individual site application and 30 days from the date of application for an area development plan. 3. Notice (Section 9-105(B)). Once the application has been deemed technically complete, the applicant shall notify the property owners within 200 feet of the route that are not affected surface owners with an agreement with the applicant. A sign (provided to the Applicant by the Planning Department) will be posted on the portions of the route crossing or adjacent to a public road within seven days after receiving a complete application for an individual development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. 4. Director Review & Decision (Section 9-105(D)) Any determination by the Planning Director to approve or conditionally approve a development plan application must be in writing and mailed or otherwise provided to the applicant no later than 28 days for an individual pipeline development plan or 60 days for an area pipeline development plan, after the date on which the development plan application is filed. Failure to make a determination on the application within this time period shall result in the application being considered approved and the applicant's building permit or access, or other permits being processed, provided the applicant builds the pipeline in compliance with the application. 5. Board of County Commissioner "Call -Up" (Section 9-109) Once the Director has determined the application to be approved, the Director will immediately notify the Board of County Commissioners (BOCC) of the approval. From this point, the BOCC has 14 calendar days to call-up the application. No development can occur of the pipeline project until this period has elapsed and the conditions of approval have been met. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. vvi g. (Signature of Owner of Right -of -Way) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Marathon Oil Company Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Pipeline Development Plan Amendment (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) August 28, 2009 Signature Date Michael J. Suek Print Name Mailing Address: 743 Horizon Court Suite 220 Grand Junction, CO 81503 Page 4 \NestWater Engineering Consulting Engineers&Scientists 2516 FORESIGHT a ROLE, #1 June 23, 2009 Mr. Doug Dennison Olsson Associates 826 21 1/2 Road Grand Junction, CO 81505 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 -- FAX (970) 241-7097 Via email: ddennison@oaconsulting.com RE: Garfield County Wildlife and Weed Management Reports Marathon Waterlines Sec. 13, T6S, R95W Dear Mr. Dennison: In accordance with your request, the attached Wildlife and Sensitive Areas Report, Jackrabbit Extension and Laterals, Garfield County Colorado, May 2009 and Integrated Vegetation and Noxious Weed Management Plan, Jackrabbit Extension and Laterals, Garfield County, Colorado, May 2009 are being transmitted for use with the proposed Marathon Waterlines project. Mr. Ryan Lunsford of EPCO, Inc. has provided approval for use of these reports. The proposed Marathon project will apparently be installed in the same right-of-way as portions (Sec. 13, T6S, R95W) of the Jackrabbit Extension and Laterals project. Therefore, the survey information and recommendations provided in these reports should be equally applicable for the Marathon project. Please feel free to contact our office with any questions concerning the reports of if we can be of service in any way. Sincerely, Mi hael W. lish Principal Environmental Scientist Doug Dennison From: MW Klish [mwk@westwaterco.com] Sent: Tuesday, June 23, 2009 11:16 AM To: Doug Dennison Subject: Fwd: Release of WWE Surveys to Marathon Oil FYI Forwarded message From: Lunsford, Ryan <RLUNSFORD@epco.com> Date: Tue, Jun 23, 2009 at 10:58 AM Subject: Release of WWE Surveys to Marathon Oil To: MW Klish <mwk(westwaterco.com> Cc: "Deru, Cody" <JCDERU@epco.com> Mike, Please consider this letter as permission for Westwater Engineering to release data gathered by your company for the purpose of permitting the Jackrabbit Extension and Laterals project to Marathon Oil and their subcontractors, for use in permitting water lines through the same corridors. Thanks for calling, let me know if I can help further. Thanks, Ryan Lunsford Project Engineer EPCO, Inc. 37017th Street, Suite 3560 Denver, CO 80202 (303) 820-5631 (office) (303) 945-6338 (mobile) rlunsford@epco.com 1 TIE ('1 59 42'27" E 3$6.9 TO N/4 W.C. SEC. 13, T6S, 511..6A 95'10'19" RT 2: ,2+66.0'23'53'58" PI 3: �'S+5,,&4 A 38' 6'26" LT ......„.„..,„,,......0.--- 1 \ 'M,. t.'.. „j1E S 88'02 07'µE 2381,7" "'_ r --r fj. -"TO S/4 SEC. 13, T6S, R96W` r PI 16: 54+14.4,.80'3'06" RT�' y., ,� :AI; `�..� X \ ® e3O PI 4: 6+01.1 d 10'58 49: RT A?' t t ®x'° 1 Pf'S-9+05.71''6"5,3'36,..i LT ,.\\,_4., t1 i .-, ,,, PI 6: 10+99.3/ 25' 1'46" LT. "kr „-.. ,�� z,, .. i',.., PI 7:: 12+9143 A11'26 48 1,,T � ti , . 1 -w. P� 8: 15+95.3 A10:42'12" \RT . " "�`Es '` [ , s,. '1.- \ �� 3 PI 1�: 44+ 2.6 A15'54'33: LT �,, °" \� { ~, ! `., q� PI '14:_:4-3-4-4.2 25*$°22'28" RT�,-.14- PI 9 25+27.4 Q 25'2 0" RI/ Iron v� 3: 42+60 4'915'47" R 44`...ter 'y t '. I-12: 37+91.7 A10'48'54" LT 58+19.8 1lr 7 ti... -nr TIE JJ 88'02 07" W , 2��,,55 9 t, OR• SEC. TO i C�13, T6S, 96W STA. 58„+19.8 VICINITY MAP SCALE 1=2000 O- _ t"I w SCAL,,1=50 , ...--••.,.,.„ „„...,,,,,, ~'^•,,,, x. \ �4 V w- ' IN, YI '4 . m`,` O„ irk TIE N 64'413'31" W 2516,7 -,,`w.• TO NW COR. SEC. 13, T6S, R96W 4'....,.., '. • ..•. PIPELINES/SECTION 13 PLAT/SEC13 PLAN AND PROFILE.DWG 8450 PROFILE HORIZANTAL SCALE: 1=500 8400 VERTICAL SCALE: 1=100 8350 8300 8250 8200 8150 PI 111: 35+51.0 d 8'14'34 RT ''�v" ' J -"""'ti 7r PI 10: 31 0'50'36" LT \.4.\4._/ "` +} '"� 0+00 5+00 LEGEND ROW CENTER LINE EDGE ROW EXISTING PIPELINE • — EXISTING ROADS IS FOUND GLO SURVEY MARKER 10+00 30' Permanent Right-of-way width Total distance along Centerline 5819.8' Total rods along centerline 352.71 Total area of Right -Of -Way 4.01 Acres ± Apparent recorded ownership: Chevron Shale Oil Co. 15+00 20+00 25+00 30' Construction Right-of-way width Total distance along Centerline 5819 8' Total rods along centerline 352.71 Total area of Right -Of -Way 4.01 Acres ± 30+ 00 35+ 00 40+00 45+00 50+00 55+00 8450 8400 8350 8300 8250 8200 8150 60+00 WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 650 EAST SECOND NORTH PHONE 307-875-3638 GREEN RIVER, WY 307-875-3839 www. whsmithpc. com PIPELINE PLAN AND PROFILE FOR MARATHON SECTION 13 LINE SECTION 13, T6S, R97W, GARFIELD CO., COLORADO MARATHON OIL COMPANY P.O. Box .3128 5555 San Felipe Houston, TX 77253 Houston, iX 77056 DRAWN BY: CED CHECKED BY• WHD SCALE: NOTED DATE: 06/17/2009 JOB NO: 26099 SHEET 1 OF 1 1 D Chevron Cabin Manifold & Pump Location Proposed Water Lines New Proposed Water Line ROW Portion of ROW to be Replaced PROJECT NO: 008-2111 DRAWN BY: Leslie Booth GIS Analyst DATE: 8/25/09 Exsiting Private Roads Affected Parcels C1 Marathon Lease 0 0.5 1 Miles 1 inch equals 0.5 mile PIPELINE ROW MAP DETAIL OF SOUTHERN SEGMENT OF ROW FRESH & PRODUCED WATER LINES MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO .OLSSON ASSOCIATES 826 21-1/2 ROAD GRAND JUNCTION, CO 81505 TEL 970263.7800 FAX 970.263.7456 FIGURE 2 Manifold & Pump Location - Proposed Water Lines - New Proposed Water Line ROW Portion of ROW to be Replaced PROJECT NO: 008-2111 DRAWN BY: Leslie Booth GIS Analyst Exsiting Private Roads County Roads Parcels selection Marathon Lease 0 0.5 1 2 Miles 1 inch equals 1 mile PIPELINE ROW MAP FRESH & PRODUCED WATER LINES MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO OLSSON DATE: 8/25/09 ASSOCIATES 826 21-1/2 ROAD GRAND JUNCTION, CO 81505 TEL 970.263.7800 FAX 970.263.7456 FIGURE 1 CERTIFICATION I, G. A. Karathanos, Assistant Secretary of Marathon Oil Company, an Ohio corporation (the "Company"), hereby certify that the following is a true and correct copy of resolutions unanimously adopted by a written Consent of Directors dated August 9, 2007, signed by all the Directors of the Company: "RESOLVED:That the Regional Vice Presidents, Organizational Vice Presidents, Business Unit Leaders, and the Assistant Treasurer of this Company located in Findlay, are hereby authorized: (1) To execute on behalf of the Company (a) permit applications; and (b) reports required by permits, responses to requests for information issued by any permit issuing authority and permit applications for Class it wells under the Underground Injection Control Program; all as required or permitted under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Toxic Substances Control Act or corresponding state acts or any implementing regulations and any amendments to such acts or regulations; and (2) Where allowed by law, to delegate, in writing, the authority granted under (1)(a) or (b) above to any employee of the Company having responsibility for the overall operation of the regulated facility or activity, or any employee of the Company having responsibility for environmental programs at that regulated facility or activity; and FURTHER RESOLVED: That the resolutions of similar nature adopted on January 13, 2006 are hereby superseded." This is to further certify that the foregoing resolutions are still in full force and effect on this 18111 day of August, 2009 and that J. L. Bowzer is a Regional Vice President of the Company and that he is serving in such capacity on this date. IN WITNESS WHEREOF, I have hereunt Company this 1 8th day of August, 2009. 189134.DOC ed my si a re and the seal of the sistant Secretary arathon Oil Company AA Marathon ArANZA Oil Company August 25, 2009 Via Certified Mail — Return Receipt Requested Garfield County Attorney 108 8h Street Glenwood Springs, Colorado 81601 RE: Delegation of Authority Garfield County Board of County Commissioners: James L Bowzer Regional Vice President North America Production Operations P.O, Box 3128 Houston, TX 77253-3128 Telephone 713/296-3400 FAX 7131296.3599 E -Mail: Joowzer@marathonoil.com Please accept this statement of authority on behalf of Marathon Oil Company, an Ohio corporation ("Marathon"), which duly authorizes Mr. Michael J. Suek, Operations Manager, Piceance Project, and Mr. Donald W. Day, Drilling Superintendent, Piceance Project to act on behalf of, and represent Marathon in all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County until such time as Marathon files of record statement that Mr. Suek and Mr. Day no longer have such authority. Marathon acknowledges that when any such permits are issued by Garfield County, the County may choose to record such permits, and that such permits may contain covenants that run with the particular lands identified in such permits. This authorization replaces previous one filed with your office for Marathon's Piceance Project, and shall be effective until further notice. Should you have any questions about the authority granted herein please do not hesitate to give Ima D. Turner, Senior Attorney for Marathon a call at (713) 296-2558. Regards, Enclosure Cc: Chris Cooper, Marathon Don Day, Marathon Lorne C. Prescott, Olsson Associates Michael Suek, Marathon Enterprise Gas Processing, LLC Contract 1107897 PART E MASTER WORLDWIDE MAJOR SERVICE CONTRACT JOB ORDER #6 This Job Order is made part of the Master Worldwide Major Service Contract Number 1107897, which provides for the issuance of Job Orders by Company, and is to be performed under the terms and conditions of said Contract and those contained herein. Job Order No. 6, entered into by and between Marathon Oil Company ("Company") and Enterprise Gas Processing, LLC ("Contractor") is effective from the 1" day of January, 2008 and shall terminate on the 31st day of December, 2009. This Job Order contains provisions that pertain specifically to this Job Order. The provisions detail geographic specific terms, additional defined terms, work scope specific terms, and such provisions as necessary to document the obligations of the Parties. Any of these provisions that amend the terns and conditions of the underlying Contract must be clearly identified as an amendment, and signed concurrent with the Job Order, by duly authorized representatives of the Parties. The form of this Amendment is attached to this Job Order as Attachment A. 1.0 Scope of Work Lay and install approximately 6,000' of one 8" steel and one 4" Flexpipe lines including related lateral connections and terminations in conjunction with the 20" " steel pipe installation for Enterprise from STA 00+00 to STA 60+00 on the 20' Extension of the Jackrabbit Gathering System. 2.0 Company Furnished Items Company will furnish pipe, fittings and other material required by Contractor. 3.0 Contractor Furnished items Safety Apparel & Equipment - While at Company's Work Site, all safety apparel and equipment for Contractor's Personnel, including, but not limited to, hard hats, respirators, safety footwear, safety glasses with side shields, safety gloves, fire extinguishers, flame resistant clothing when working at or near a combustible source of gas, ear plugs, welder's gloves and the like, shall be deemed to be part of Contractor Furnished Items and shall be furnished by Contractor, at no additional cost to Company. All such safety equipment shalt meet the standards of applicable regulatory agencies. Contractor Personnel reporting to Work without the proper safety apparel and equipment shall not be permitted on the Work Site. Failure of Contractor Personnel to report to Work with the proper safety apparel and equipment shall render Contractor in default and no compensation shall be paid for such Contractor Personnel until remedied. 4.0 Schedule of Reimbursement Contractor shall be reimbursed as follows: The actual amounts billed by Bamard to Enterprise plus 20% for Enterprise overhead, supervision and handling costs. This cost estimate does not include hydrotesting. The estimate including overhead is $535,000 as follows: $115,000 for additional ditch width and depth; $375,000 for the installation of the 8" steel line and the 4° Flexpipe with tracer wire and locating tape, and install connections; As billed for hydrotest including but not limited to water supply and disposal fees; $45,000 for additional pad and backfill. 5.0 Payment Terms Except as provided within Article B7: "Payments', Company shall make all invoiced payments Part E - JO Format Page El Document 13355002-081213 Enterprise Gas Processing, LLC Contract 1107897 under the Contract within thirty (30) Days following receipt of the invoice from Contractor. Contractor shall provide the following information on each invoice. Failure to do so will result in delayed payment. Required Information: Marathon Oil Company Rockies Gas — NAPO Piceance Basin Contract No. 1107897 Job Order No. 001 WBS/Cost Center No. PF.07.15898.CAP.001 Invoices/Credit Memos Address: Marathon Oil Company Attn: Rockies Gas — NAPO Piceance Basin P.O. Box 22165 Tulsa, OK 74121-2165 Invoice Related Correseondence IBM BTO Solutions Contact Center Attn: Marathon Oil Company (or entity named in Job Order if different) Room S664B 521 S Boston Tulsa, OK 74103 Accounts Payable questions may be directed to IBM BTO Solutions Contact Center at 866-323- 1836. 6.0 Representatives Company's Representative: Contractor's Representatives: Curtis Ryland Cody Deru The Parties acknowledge that they have read this Job Order, understand it, and agree to be bound by its terms and conditions. Further, the Parties agree that the entire agreement between the Parties relating to the Work described herein consists of: 1.0 This Job Order 2.0 The Job Order Attachments and Exhibits, if any 3.0 The Contract, as defined in Part A, Article A2 This statement of the entire agreement supersedes all proposals or other prior agreements, oral or written, and all communications between the Parties relating to this Job Order. Except for any amendments to the Contract contained within Attachment A to this Job Order, in the event of any conflict or inconsistency between the terms and conditions of the Contract and the Job Order, the terms of the Contract shall govem. For purposes of executing this Job Order, facsimile and electronic image transmissions of signatures shall be considered as original documents. COMPANY By: 012r'a'T/'Jeroc ©t / . Name: 04 SuE k Title: Date: tm CONTRACTOR By: Enterprise Gas Processing, LLC Name: F. es Privett ►�1(A ft,rf 2S r "Levet Title: Director PM, Western Region Date: August 25, 2009 Part E - JO Format Page E2 Document 13355002-061213 STATE OF COLORADO PIPELINE EASEMENT AGREEMENT § COUNTY OF GARFIELD § This PIPELINE EASEMENT AGREEMENT ("Agreement"), is made effective as of this 1" day of May, 2009 ("Effective Date"), between CHEVRON U.S.A. INC., a Pennsylvania corporation, with offices at 11111 S. Wilcrest Dr., Houston, Texas 77099 ("Grantor") and MARATHON OIL COMPANY, an Ohio corporation, with offices at 5555 San Felipe Road, Houston, TX 77056 ("Grantee"). (Grantor and Grantee shall each and collectively be referred to as "Party" and "Parties" in this Agreement.) RECITALS A. Grantor owns certain land in Garfield County, Colorado referenced in Section 1.1. B. Grantee desires to obtain an easement, servitude, privilege and Right -of -Way covering the Land. C. 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, Grantor and Grantee agree to be bound by the terms of this Agreement. 1. GRANT AND RESERVATIONS 1.1 AGREEMENT Grant. Subject to the terns and conditions of this Agreement, Grantor grants Grantee, a non-exclusive easement, servitude, privilege and right-of-way ("the Right -of -Way"), over, upon, under, through and across certain parcels situated in Section 13, T6S-R97W, of the 6th P.M., Garfield County, Colorado, that are more particularly described in Exhibit A ("Land") solely for the purpose of laying, constructing, using, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing one eight inch pipeline and one four inch pipeline and related appurtenances, structures and facilities (including, without limitation, dehydration facilities, fittings, tie -overs, appliances, meters, valve boxes, cathodic protection equipment and vents) ("Pipelines") as may be necessary for the transportation of water across the Land. (A) Right -of -Way Boundaries. The Right -of -Way is twenty five feet in width, the centerline of the Right -of -Way being situated directly over the proposed Pipeline, as depicted on Exhibit A - Description and Plat of Land and Right -of -Way. Grantee shall provide Grantor an as built survey prepared by a licensed surveyor of the Pipeline as constructed within two months of completing construction of the Pipeline. If Grantee fails to provide the as built survey required under this Section 1.1, it shall be considered a breach of this Agreement for purposes of Section 13. The as built survey shall be incorporated into Exhibit A and serve as the description of the boundaries of the Right -of -Way for all purposes under this Agreement. Grantee shall maintain current as -built drawings for the Pipeline and all of Grantee's surface and subsurface equipment and facilities located on the QLS No. (`�37 1 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 1 Land at all times, and shall provide Grantor with copies of updated as -built drawings within two months of completing each update. (B) Temporary Limited Construction Access. (1) During the period of initial pipeline construction to be completed no later than October 1, 2009, Grantee shall have the right of temporary use of an additional strip of land twenty feet in width along the east side of the Right -of -Way and twenty feet in width along the West side of the Right - of -Way described in this Section for construction staging ("Construction Buffer"), except where Grantee's activities will interfere with irrigation or drainage ditches, streams, or creeks in Garfield County, Colorado, as further described and depicted and incorporated by reference in Exhibit A. (2) Grantee's rights under this Section 1.1(B) are subject to all reservations, terms and provisions of this Agreement, including but not limited to those terms relating to conditions, risk, and responsibility for access, use, maintenance, reclamation and restoration of Chevron lands. Grantee agrees to reclaim and repair the Construction Buffer to its original or better condition and to Grantor's satisfaction upon termination of Grantee's temporary access rights granted under this Section 1.1(B). (3) Grantee agrees to utilize the Construction Buffer only for exercise of the rights granted under this Agreement. Any other access or use by Grantee will be considered a trespass by the Grantor, subject at Grantor's sole discretion, to suspension or termination of this Agreement under Section 13 and pursuit by Grantor of any other available legal remedies against Grantee at Grantor's sole discretion (4) All temporary access rights granted under this Section 1.1(B) shall terminate at the earliest of the following dates: (a) completion of initial pipeline construction, (b) eight months from the Effective Date of this Agreement, or (c) termination of this Agreement under any of its provisions. (C) Access. Grantor also grants Grantee the right of ingress and egress to, over, upon, through and across the Land for all purposes necessary to the exercise of Grantee's rights under this Agreement. 1.2 Grantor's Reservations. (A) The Right -of -Way does not convey nor will it be construed as conveying any part of the fee title to the Land nor the oil, oil shale, gas, ores, and other mineral rights underlying the Land. Grantor reserves the right for itself or its permitees or assignees to explore for, mine, and remove oil, oil shale, gas, ores and other minerals on, under, or associated with the Land. QLS No. L1 I E Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 2 (B) The rights granted under this Agreement do not include agricultural, farming, ranching, fishing or hunting rights. Grantee, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Grantor's lands, including the Right -of -Way. (C) This Agreement is subject to all existing easements, rights-of-way, Licenses, leases and other agreements affecting the surface or subsurface of the Land and Grantor further reserves the right to grant other easements, rights-of-way, licenses, leases and other agreements to third parties covering the Land, so long as such does not unreasonably interfere with the rights granted to Grantee under this Agreement, and the Grantee is responsible for obtaining any necessary third party consents prior to conducting activities on the Land pursuant to this Agreement. (D) 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 the Right -of -Way. 1.3 Construction Deadline. If Grantee fails to complete construction of the Pipeline in the Right -of -Way granted within eight months from the Effective Date, this Agreement will terminate automatically. 1.4 Environmental Impact. In the event a potential environmental concern is discovered during the installation of the Pipeline, Grantee agrees to stop all work, and notify Grantor's representative as set out in Section 17 who will document the potential impact and determine whether any immediate remediation is necessary to prevent the impact from being exacerbated. Grantor reserves the right to obtain a full assessment of the Land after the line is installed. The discovery of a potential environmental impact before, during, or after construction does not alter or relieve the Grantee from any obligation to defend and indemnify Grantor against and remediate any environmental impact resulting from the Grantee's activities under this Agreement. 1.5 No Warranties or Representations. Grantor makes no warranties or representations, express or implied, concerning the title to the Land or Grantee's right of ingress and egress from the Right -of -Way across adjacent or adjoining lands. Grantee accepts this Right -of -Way and the Land accessed by Grantee in its exercise of its rights under this Agreement in its present condition, "AS IS, WHERE IS," accepting full responsibility, without warranty, express, statutory or implied as to merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, and without recourse against Grantor whatsoever, not even for the return of any consideration paid to Grantor. 2. MAINTENANCE AND USE OF RIGHT-OF-WAY 2.1 Prudent Operations. All activities permitted under this Agreement shall be performed and conducted in a prudent, safe, and workmanlike manner. 2.2 No Interference With Use By Grantor or Its Lessees. Grantee shall build, maintain and operate the Right -of -Way in such a manner that the Grantee's operations will in no way hinder or prevent the use and enjoyment of Grantor's Land and adjoining property, including, but not limited to use of the Land and adjoining property for exploration, QLS N. g2,- 9 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 3 mining, development, and removal of oil, oil shale, gas, ores, or other minerals, and farming, ranching and land development operations, In conducting any activities on the Land, Grantee shall minimize disruption and damage to any of the following: (A) the Right -of -Way and adjacent or adjoining lands or lands used for ingress or egress to the Right -of -Way; (B) the operations of Grantor's surface or mineral lessees, grantees, permitees, or invitees; or (C) Grantor or any of its lessees', grantees', or permitees' irrigation systems, crops, grazing livestock, pasture, and other agricultural and grazing equipment and lands. Prior to exercising any rights granted under this Agreement, Grantee shall give notice of Grantee's planned construction activities to all persons holding any rights, licenses, permits, easements or leases of record, as well as notice to Grantor's Ranch Manager for all other persons to use the surface of the Land and lands used for access to the Land. 2.3 Pipeline Depth. Grantee shall bury its Pipeline and subsurface facilities to provide a minimum of thirty-six inches between the surface of the ground and the top of the Pipeline and facilities except in those areas where rock is encountered that would otherwise require blasting, in which case, the top of the Pipeline and facilities shall be buried a minimum of eighteen inches beneath the surface of the ground. 2.4 Weeds. In consultation with Grantor's Ranch Manager, Grantee shall control all invasive weed species in the Right -of -Way. Grantee shall use methods of invasive weed species control which are in compliance with applicable law and without posing significant risk to human health or the environment. 2.5 Good Repair; No Litter. Grantee will maintain the Right -of -Way in good repair, clear of debris, refuse and litter. From time to time as necessary, Grantee will clear away any and all refuse and litter and any other debris associated with the Pipeline or maintenance of the Right -of -Way, and shall ensure same are removed from and properly disposed in accordance with applicable law off of Grantor's property. If Grantor notifies Grantee of any refuse, litter, or debris on the Right -of -Way, Grantee shall have seven days from the date of Grantor's notification to clear it away and clean the Right -of -Way. 2.6 No Alcohol or Recreational Activities Permitted. Grantee shall not allow or permit any of its employees, agents, contractors or sub -contractors while on the Land or any of Chevron's adjacent or surrounding lands to do any of the following: (A) use, possess, sell, distribute or be under the influence of alcohol or illicit or non -prescribed drugs or substances at any time; (B) bring or possess dogs or other animals ; (C) picnic; (D) ride horses, bicycles, motorcycles, quad -runners or ATV's; or (E) any recreational activity at any time. 2.7 Vehicle Compliance. Grantee and any of its employees, agents, contractors or sub- contractors shall not operate any motor vehicle upon the Land unless all occupants are wearing seat belts, nor shall any vehicle be operated upon the Land in excess of 15 miles per hour or other posted speed limits. 2.8 Improvements. Grantee will maintain at its sole expense all improvements, fences, gates and cattle guards now located on the Right -of -Way or which may be placed on the Right - of -Way by Grantee, and will build, maintain and/or erect all necessary additional fences, gates and cattle guards as required by Grantor. QLS No. Uj i 1 Pipeline Easement Agreement, dated May I, 2009, between Chevron and Marathon Draft Version 4 2.9 Grass Fires. Grantee shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. 2.10 No Oil, Gas, Mineral, 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. Grantee, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Grantor lands, including the Right -of -Way. 2.11 Trespassers. Grantee will notify trespassers to keep off the Right -of -Way by posting signs at its sole expense unless already posted by Grantor, in which event Grantee agrees to maintain any existing signs during the Term. In the event any trespasser refuses to vacate or cease trespassing on the Right -of -Way, Grantee shall promptly notify Grantor. 2.12 Activities to be Performed at Grantee's Direction; No Public Use. 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 in writing by Grantor, public easements, public facilities, or public roads over or under the Right -of -Way. 2.13 Safe Condition; Restoration of Land. Grantee shall keep the Land in a good and safe condition and, after doing any work which disturbs any surface area outside the Right -of - Way, whether inside or outside the boundaries of the Land, Grantee shall restore the surface to its original or better condition prior to disturbance in accordance with Section 10. 2.14 No Permanent Installations Without Grantor Approval. Grantee shall have no right to locate any additional permanent surface installation on any part of the Land without the prior written approval of Grantor, which approval is separate from and in addition to any rights granted in this Agreement. Grantor may withhold its approval for any reason or no reason. Grantee shall have no right to use any of Grantor's surface outside of the boundaries of the Land, except rights of ingress and egress to the Right -of -Way granted under this Agreement. 2.15 Storage of Equipment and Parking of Vehicles. Grantee shall store equipment, materials, and park all vehicles associated with the construction and completion of the Pipeline only in the designated locations agreed to by Grantor. Any additional storage, parking, or construction surface shall not be utilized without prior approval from Grantor. 2.16 Handling of Top Soil. Grantee shall remove any top -soil from the Land separately from other material removed by Grantee in connection with any activity on the Land, and shall replace any topsoil removed upon completion of that activity. 2.17 Stones, Brush, and Other Debris. All stones, brush and debris uncovered on, removed from or deposited on Grantor lands as the result of activities permitted under this Agreement shall be disposed of at Grantor's direction and at Grantee's sole cost and expense. QLS No. '42.1 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 5 2.18 Backfill and Restoration of Field Grade. Grantee shall properly backfill and compact disturbed ground, excavated Pipeline trenches, and other excavations in connection with its activities on the Land. 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. Grantee shall also permanently restore to field grade any settling or slumping in Grantor's fields and pastures caused by activities permitted under this Agreement. 2.19 Drainage and Irrigation Systems, Roads, and Improvements (A) Grantee shall timely replace or rebuild, to the satisfaction of Grantor, any and all parts of any drainage or irrigation system road or other improvement that may be damaged in connection with Grantee's activities conducted pursuant to this Agreement. (B) Grantee shall restore to proper operating condition to Grantor's satisfaction any irrigation systems damaged by the activities permitted under this Agreement. Immediately upon completion of any activity perfoinied under this Agreement, Grantee 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. (C) All culverts and buried irrigation system pipelines damaged by the Right -of -Way activities shall be replaced by Grantee immediately upon completion of the activity. 2.20 Roads. Upon completion of the Pipeline, Grantee shall grade all roads on Grantor's lands that were used in connection with Grantee's activities under this Agreement. 2.21 Fences. Grantee shall have the right to cross fences and/or install gates with Grantor's written approval on Grantor property adjoining the Right -of -Way whenever Grantee's crossing shall be reasonably necessary in conducting activities permitted under this Agreement. Grantee shall maintain a proper enclosure at all times and shall restore fences to a condition equal to or better than their condition prior to Grantee's crossing as soon as crossing is completed. Nothing in this Section 2.21 shall be construed to make Grantee responsible for restoration of fencing damaged or removed by any party other than Grantee, its employees, agents, contractors, subcontractors, or invitees. 2.22 Effect of Noncompliance. Failure to comply with the conditions of this Section 2 may, in Grantor's sole discretion, be considered a breach as defined under Section 13 of this Agreement. 3. TERM. The Right -of -Way is granted for a term of one year from the Effective Date, and for so long thereafter as Grantee shall use and maintain the Pipeline without cessation of more than one hundred eighty consecutive days. 4. COORDINATION WITH GRANTOR'S RANCH MANAGER. Grantee shall work in cooperation with Grantor's Ranch Manager to coordinate all activities permitted under this Agreement. At least ten days prior to beginning work on the Pipeline, Grantee shall contact QLS No. '..21611 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 6 Grantor's Ranch Manager at the phone number listed below with the signatures to this Agreement, and shall arrange a mutually convenient time to review Grantee's plans for the Right - of -Way. In addition to reviewing Grantee's plans under the requirements of Sections 1 and 2, Grantee and Grantor's Ranch Manager will agree upon the trees to be cut within the Right -of - Way. Grantee will provide Grantor and all other road users with a detailed timeline of the construction of the Pipelines. 5. PAYMENTS 5.1 Grantee shall pay to Grantor a payment in the amount of $2,500.00 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 the Effective Date of this Agreement, at the address first set forth below in this Section 5. The first of annual payment shall be in the amount of $2,625.00. After the first annual payment, the annual payment shall thereafter increase by five percent each year. No payment shall be deemed made by Grantee under this Agreement until the correct amount due is actually received by Grantor. 5.2 All payments to Grantor hereunder shall be made by Grantee's check, mailed postage prepaid, to Grantor at Attn: Manager, Shale Oil Development, QLS No. g32iet 1 Chevron U.S.A. Inc., P.O. Box 36366, Houston, TX 77236, which shall continue as the depository for payments under this Agreement regardless of changes in ownership of the Land and until Grantee is notified, in writing, of a change of corporate name, identity and/or address of Grantor. The payment shall reference this Agreement's QLS number as found at the bottom of each page of this Agreement. 6. COMPLIANCE WITH APPLICABLE LAW. Grantee warrants and agrees that Grantee and Grantee's contractors, subcontractors, agents, and invitees will comply with any and all laws, ordinances, orders, rules, regulations, standards, licensing requirements or otherwise of any state, federal, tribal, municipal or local authority or agency thereof, now in force and effect, or which may be passed, enacted, issued, revised, required or promulgated hereinafter, incident to, arising out of or in any way connected with the utilization of the Pipeline or Land and/or any activities conducted under, pursuant to or by virtue of this Agreement. In addition, Grantee warrants that Grantee and its contractors, subcontractors, agents, and invitees will not discharge, dump, bury or store on the Land or in or on any water or waters on, adjacent to or in the area of the Land, for purposes of disposal, oil, chemicals, toxic substances or materials, and hazardous wastes or substances of any kind. Accordingly, Grantee specifically agrees to fully indemnify and hold Grantor harmless from and against any and all claims, demands, losses, judgments, causes of action, fines, penalties and costs, including but not limited to attorney's fees and costs of court, arising out of or connected with the non-compliance with or violation by Grantee of any of the provisions of this Section 6, regardless of the fault or negligence of Grantor, and any such non-compliance or violation may result in the termination of this Agreement, subject to Section 13 . 7. NECESSARY PERMITS. Grantee and Grantee's contractors, subcontractors, agents, and invitees shall 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. 2111 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 7 8. LIENS. Grantee will pay all claims for labor and materials that may be furnished on its behalf, and will defend, indemnify and hold Grantor harmless against all liens, encumbrances and claims that may be filed against Grantor's lands as a result of activities under this Agreement and all claims incurred and/or paid in connection with same. 9. TERMINATION 9.1 Failure to Complete Pipeline or Cessation of Use. If Grantee fails to complete the Pipeline within eight months from the Effective Date, or ceases to use and maintain the Right -of -Way or Pipeline for more than one hundred and eighty consecutive days at any time after the Effective Date, this Agreement will automatically terminate. 9.2 Interference with Grantor's Operations (A) If at any time after the Effective Date Grantor determines in its sole discretion that Grantee's operations, even if previously approved by Grantor, will interfere with Grantor's exercise of its rights to explore, develop, produce, remove, or transport oil, oil shale, ores, gas, or other minerals, Grantor may choose either of the following options: (1) Terminate the Agreement, subject to Section 10. (2) Require Grantee to modify or relocate the Pipeline within the Land or to other Grantor lands as Grantor may direct in order to eliminate the interference to Grantor's satisfaction. If Grantor elects to require Grantee to modify or relocate Grantee'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 Pipeline under this Agreement. (b) If modification or relocation of Grantee's operations occurs prior to January 1, 2018, Grantor shall reimburse Grantee for its reasonable and actual documented costs of relocating the Pipeline, subject to Section 11 and Grantee's obligations to under Section 10. (c) Effective January 1, 2018 and thereafter, Grantee agrees to modify or relocate the Pipeline at its sole risk and cost and subject to Section 11 and Grantee's obligations under Section 10. 9.3 Upon termination of this Agreement under this Section 9 or any other provision of this Agreement, Grantor will have the option, in its sole discretion, to either retain the right to use the Pipeline subject to Grantee's obligations under Section 10.1, or require Grantee to abandon or remove the Pipeline under Section 10.2 and restore the Right -of -Way under Section 10.1. QLS No: .R2191 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 8 9.4 Termination of this Agreement under any of its provisions shall not operate to extinguish any obligations of Grantee which have accrued at the time of termination, or which accrue upon termination. 10, GRANTEE OBLIGATIONS UPON COMPLETION OF PIPELINE OR TERMINATION 10.1 Restoration. (A) Upon completion of the Pipeline or termination of this Agreement under any provision of this Agreement, Grantee shall have thirty days from completion of the Pipeline or tetutination of this Agreement, as applicable, to restore the Right - of -Way and all areas on Grantor lands areas disturbed by any activity under this Agreement to their original or better condition. If termination of this Agreement or completion of the Pipeline, as applicable, occurs afi:er October, Grantee shall have until the earlier of June 30 or spring thaw of the following year to restore the Right -of -Way and all areas on Grantor lands affected by any activity under this Agreement to their original or better condition. (B) Grantee's restoration obligations under Section 10.1(A) shall include reseeding with seed mixes and planting trees approved by Grantor. Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation in the Right -of -Way. Reseeded areas shall be properly mulched except in pastures and hay fields. Grantee shall also spray all areas disturbed by construction to control noxious weeds for a period of no less than three growing seasons after completion of the Pipeline or termination of this Agreement, as applicable. 10.2 Grantor's Option to Require Abandonment or Removal. Upon termination of this Agreement, Grantor shall have the option in its sole discretion to require either abandonment or removal of the Pipeline. If abandonment is requested by Grantor, Grantee shall leave the Pipeline in a safe and well maintained condition. If removal of the Pipeline 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 Pipeline and to comply with its restoration obligations under Section 10.1. 10.3 Grantee Release. Upon the termination of this Agreement, in whole or in part, for any reason, Grantee will, within thirty days of written demand, deliver to Grantor an instrument in the county records that reflects that Grantee's rights to the Land under this Agreement have teuuinated. If Grantee fails to comply with this obligation within the time required, Grantee authorizes Grantor to file a notice of termination on Grantee's behalf. 11. LIMITATION ON DAMAGES. Under no circumstances shall Grantor have any obligation to compensate Grantee 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. GRANTEE'S INDEMNITY. GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND ()LS No. g �� Pipeline Easement Agreement, dated May I, 2009, between Chevron and Marathon Draft Version 9 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. GRANTEE'S INDEMNITY SHALL APPLY EVEN IN THE EVENT OF AN INDEMNITEE'S OWN NEGLIGENCE, WHETHER INDEMNITEES' NEGLIGENCE IS SOLE, COMPARATIVE, CONTRIBUTORY, 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. 13. GRANTOR'S RIGHT TO SUSPEND ACTIVITIES AND TERMINATE FOR BREACH 13.1 If Grantee defaults in the performance of any of its obligations under this Agreement, Grantor may suspend activities under this Agreement at the sole cost of Grantee effective immediately upon Grantor's delivery of written notice to Grantee, and Grantor may enforce the performance of this Agreement in any manner provided in this Agreement or by law. Any attempt by Grantee to interfere with Grantor's exercise of its rights to suspend Grantee's activities for breach shall result in automatic termination of this Agreement. 13.2 Regardless of whether Grantor suspends Grantee's activities under this Agreement, if Grantee fails to perform any act required by this Agreement or otherwise comply with any of its obligations under this Agreement, Grantor shall have the right but not the obligation to take either of the following actions: (A) Terminate the Agreement if Grantee's default continues for a period of thirty days after Grantee receives written notice of default from Grantor, and Grantee has not either cured the default within the thirty day period or undertaken and diligently pursued actions reasonably calculated to cure the default within the thirty day period. (1) After expiration of the thirty day period, Grantor will have the right, without further notice or demand, to enter the Right -of -Way, assume ownership of Grantee's personal property without the necessity of a formal conveyance or bill of sale from Grantee, and require Grantee to restore or abandon the Right -of -Way under Section 10 or undertake QLSNo. 32iq 1 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 10 restoration or abandonment itself, without waiving any other remedies to which Grantor may be entitled. (2) Grantee shall fully reimburse Grantor for the costs of removing, storing, and/or disposing of the personal property. If Grantor elects to restore or abandon, Grantee shall also fully reimburse Grantor for the costs of abandoning or restoring the Right -of -Way to its original condition. If, within sixty days after the date of Agreement termination, Grantee does not fully reimburse Grantor for any of these costs, then in addition to Grantor's other rights under this Agreement, Grantor may dispose of the personal property, retain any proceeds from the sale of the property, and may recover from Grantee any deficiency. (B) Perform the act or obligation that Grantee failed to perforin without terminating the Agreement, and Grantee will fully defend, indemnify and hold Grantor harmless against all costs and expenses incurred by Grantor in performing the act or obligation that Grantee failed to perform. If Grantee fails to comply fully with the terms of this Agreement, Grantee will be obligated to reimburse all costs and expenses incurred by Grantor in enforcing this Agreement, including but not limited to court costs and attorneys' fees. 14. INSURANCE 14.1 Neither the minimum policy limits of insurance required of Grantee under this Section 14 nor the actual amounts of insurance maintained by Grantee under its insurance program limit or reduce Grantee's liability and indemnity obligations in this Agreement. 14.2 Grantee 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 less than $10,000,000.00 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 Contract; Products and Completed Operations; Explosion, Collapse and Underground Hazards; and Sudden and Accidental Pollution. The policy territory coverage 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 Lessee in the performance of operations. The policy limits for this insurance must be the higher of the amount required by applicable law or $10,000,000 combined single limit per occurrence. 14.3 Policy Endorsements. QLS No. nzi ! l Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 11 (A) Grantee shall, or shall cause its insurer to, provide Grantor with thirty days' notice before canceling or making a material change to an insurance policy required by Section 14. (B) Waivers of subrogation in favor of Indemnitees must be included in the Workers' Compensation insurance policies required by Section I4.2(A). (C) The insurance required in Sections 14.2(B) and 14.2(C) must include all of the following: (1) Grantor shall be named as additional insured to the extent of the liabilities assumed by Grantee under this Agreement. The coverage provided to Grantor as additional insured must expressly include liability unposed or sought to be imposed upon Grantor for the contributory fault or negligence of Grantor to the extent that Grantee has assumed such liabilities of Grantor under the Agreement. (2) A provision that the insurance is primary with respect to all insured, including additional insured, and that no other insurance carried by Grantor 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 insured) is covered as a separate insured. 14.4 Evidence of Insurance. Before performing any operations on the Land under this Agreement, Grantee shall provide Grantor with certificates or other documentary evidence satisfactory to Grantor of the insurance and endorsements required under this Section 14 and shall reference the QLS No. at the bottom of each page of this Agreement when providing this evidence. Grantor'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 14. Grantee shall provide copies of insurance policies required under this Agreement if requested by Grantor. Grantee acknowledges that failure to provide a certificate or a copy of a policy or other evidence as required by this Section 14.4 may lead to termination of this Agreement. 14.5 Deductibles or Self -Insured Retentions. Grantee is solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Grantor covered by Grantee'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. 14.6 Waiver of Subrogation for Grantor's Physical Damage Insurance. Grantee shall obtain a written waiver of subrogation in favor of Grantor from its insurers who provide physical damage insurance with respect to property used in the performance of operations. QLS No. U ✓!i 1 l 7 Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 12 14.7 Conflict with Applicable Law. Grantee 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 laws or regulations. 14.8 Subject to providing a self-insurance letter satisfactory to Grantor, Grantee shall be permitted to self -insure for all insurance requirements contained in this Agreement. 15. TAXES. Grantee shall promptly pay, before delinquency, all taxes and assessments levied or assessed upon or against the Right -of -Way during the term of this Agreement, by reason of, or resulting from Grantee's activities under this Agreement. Grantee shall reimburse Grantor for any increase in taxes paid by Grantor resulting from the value of the Pipeline and associated facilities, whether or not separately assessed. Grantee shall pay all taxes levied or assessed upon or against Grantee's Pipeline and operations on the Right -of -Way. 16. REMOVAL OF PROPERTY. All buildings, improvements, material, machinery, equipment and other property that may be constructed or placed on the Land by Grantee will not become part of the real property but will remain the personal property of Grantee. Upon completion of the Pipeline, Grantee shall no longer have the right to place personal property on the Land and shall remove all of its personal property from the Land within sixty days following completion of the Pipeline. If Grantee fails to remove its personal property from the Land within sixty days following completion of the Pipeline, Grantor will have the right but not the obligation, without further notice or demand, to assume ownership of the personal property without the necessity of a formal conveyance or bill of sale from Grantee or to dispose of the personal property and retain any proceeds from sale. Grantee shall fully reimburse Grantor for the costs removing, storing, and disposing of the personal property. If Grantor elects to sell the personal property and proceeds of the sale are not sufficient to cover the costs removing, storing, or disposing of the property, Grantor may recover from Grantee any deficiency. 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 and shall reference the QLS No. identified at the bottom of each page of 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. 18. CONFLICT OF INTEREST. Conflicts of interest relating to this Agreement are strictly prohibited. Except as provided in this Agreement, neither Grantee, nor any director, employee, agent of Grantee, shall give to or receive from any director, employee or agent of Grantor any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Grantee nor any director, employee or agent of Grantee shall, without prior written notification thereof to Grantor, enter into any business relationship with any director, employee, or agent of Grantor or any affiliate, unless such person is acting for and on behalf of Grantor. Grantee shall promptly notify Grantor of any violation of this Section 18. Any representatives authorized by Grantor may audit any and all records of Grantee for the sole purpose of determining whether there has been compliance with this Section 18 under this Agreement. . QLS No. &.? jr 1`ri Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 13 Grantee 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. Grantee shall not issue any public announcement or statement concerning the Right -of -Way or this Agreement without obtaining Grantor'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 Colorado, without regard to its choice of law rules. 22. RECORDING OF MEMORANDUM OF AGREEMENT. Grantee shall execute a memorandum for recordation purposes of this Agreement, on a form approved by Grantor, delivering same to Grantee for recordation in the Office of the County Clerk of Garfield County, Colorado. Neither Party shall record their duplicate original of this Agreement in public real property records. However, nothing shall prohibit any Party from filing a copy of this Agreement in a civil action to the extent necessary to enforce rights or obligations of the Agreement or as may otherwise be required by applicable law or by lawful order of any administrative or judicial proceeding. Grantee agrees that upon its receipt of the Memorandum of Pipeline Easement Agreement for recordation purposes from Grantor that Grantee shall file same of record and will deliver to Grantor, a copy of the recorded Memorandum showing the filing and recording information. 23. GENERAL PROVISIONS 23.1 Entire Agreement. This Agreement comprises the complete and exclusive agreement between the Parties regarding the subject matter, 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. 23.2 Amendment. No amendment to this Agreement is effective unless made in writing and signed by authorized representatives of both Parties. 23.3 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 invalidity, unenforceability or illegality will not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal. 23.4 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 2`% waiver or failure to require the performance of any covenant or obligation contained in 2 QLS No. ��/ `1 61 Pipeline Easement Agreement, dated May I, 2009, between Chevron and Marathon Draft Version 14 this Agreement or to pursue remedies for breach of this Agreement does not waive a later breach of that covenant or obligation. 23.5 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, 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. 23.6 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 word "or" is not exclusive. (C) The word "includes" and "including" are not limiting. (D) 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. (E) 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. 23.7 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. 23.8 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. 23.9 Assignment. This Agreement is personal to Grantee, and Grantee may not assign its rights under this Agreement, in whole or in part, without Grantor's prior written consent. Grantor may withhold its consent or impose conditions for its consent for any reason or no reason. Any attempted assignment made in violation of this provision will be, in Grantor's sole discretion (and in addition to any other remedy available to Grantor at law or in equity), voidable and of no force. If Grantor consents to an assignment, Grantee and any approved assignee(s) will be jointly and severally liable for the performance of all obligations imposed upon Grantee under this Agreement, and such assignment must �affirm Grantee and its assignee's intent to be bound by all of the terns and provisions of QLS Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 15 this Agreement and any conditions of Grantor's consent. Any assignment to which Grantor consents shall not be binding upon or recognized by Grantor in any way unless it meets the requirements of this Section 23.9 and a certified copy has been furnished to Grantor. The granting of Grantor'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 that may be proposed or attempted will be ineffective without Grantor's prior written consent under this Section. 23.10 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. 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: GRANTOR: CHEVRON U.S.A. INC. GRANTEE: MARATHON OIL COMPANY Signature: Signature: Name: !; Title: Attorney -in -Fact ADDRESS FOR NOTICES: 11111 S. Wilcrest Houston, Texas 77099 Attention: Land Manager Ranch Manager: Craig Tysse, (970) 285-9722 ame: Title: J-(7 r r\ -(2-41 - /'vt — ADDRESS FOR NOTICES: 5555 San Felipe Houston, TX 77056 Attention: Land Manager, New Ventures Facsimile: 713-296-4495 QLS No. .276 Pipeline Easement Agreement, dated May I, 2009, between Chevron and Marathon Draft Version 16 STATE OF TEXAS COUNTY OF HARRIS § T f r5oin� nstru ent was acknowledged before me this day of r`-���, 2009 by as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission E . res: - 5 E' t a., Nota 1c STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was ackno (f / '' t-- as 11{flff� �f�Bl LUISA WAtNSSTEfN 7J `� State of Texas Exg. 05-30-12 edged before me this •- day of �_�� , 2009 by of Marathon Oil ompany. My Commission Expires: Notary Public ,.,Jo..pr\oA,-, i.j_NAco,r, DEBORAH D. KUHLMAN Notary Public, State of Texas My Commission Expires January 17, 2010 QLS No. 219 Pipeline Easement Agreement, dated May I, 2009, between Chevron and Marathon Draft Version 17 EXHIBIT A - DESCRIPTION AND PLAT OF LAND AND RIGHT-OF-WAY QLSNO. 3z i t t Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Marathon Draft Version 18 0 0 ell v MEAS. N 8830'04" W 2636.0 REC. 89'42' W 39.92 CH. TIE�N`64'48'31" W 251,5.7 Chevron Shale Oil Co._ e^. L6 L7 L8 L8 3 MEAS. N 87'41'32" W 2622.9 W.C. 5 L4 REC. N 89'42' W 39.92 CH. MEAS. N 01'40'58" E 807.5 REC. SOUTH 12.25 CH. TIE N 59'42'27" E 386.9 • er-L11 510 S I ( / I/ zz.. .w Ct TIE N 88'02'O'e" W 255.9 L13 L14 L15 -0"•--L17 MEAS. N 88'02'07" W 2637.6 REG N 89'45' W 39.93 CH. LEGEND ROW CENTER UNE - EDGEROW EXISTING PIPELINE - - EXISTING ROADS ® FOUND GLO SURVEY MARKER 30' Construction Right-of-way width Total distance along Centerline 5RIg_R' Total rods along centerline 352.71 Total area of Right -Of -Way 4.01 Acres ± Apparent recorded ownership: Chevron Shale Oil Co. Fl►EIJNE3/SECnON 13 PLAT/SECTtON13 PLAT.DWG Chevron Shale Oil Co. TIES S 88'02'07" E 2381.7 • as U to 1\ r-� MEAS. N 8801'20" W 2624.4 REC. N 89'45' W 39.93 CH. SECTION 13 T6S-R97W 6th P.M., WYOMING N U N� C0 CD w ( ni Ci 0 0 0 W.C. co cy 30' Construction Right -of -way width Total distance along Centerline 5819.8' Total rods along centerline 352.71 Total area of Right -Of -Way 4.01 Acres ± RIGHT-OF-WAY DESCRIPTION A strip of land for the purpose of a pipeline right-of-way located In Sec/fon 13, T 6 5, R 97 W of the 6fh Principal Meridian, Garfield County, Colorado. Said right-of-way /s 30 feet In width, 15' on each side of line described as follows; Beginning at a point at Sta. 0+00.0 of this right-of-way, from which the Northwest corner of said Section 13, being Me original resurveyed USGLO brass cap, bean N 64'48'31" W, 2516.7 feet and the Norfh W.C. 1/4 comer, being the original resurveyed USGLO brass cap, bears N 59'4227" E 386.9 feet; thence: S 25'45'31" W, 151.58 feet to a point at (Sta. 1+51.58); thence: N 59'04'10" W, 114.44 feet to a point at (Sta. 2+66.02); thence: N 82'58'08" W, 89.35 feet to a point of (Sta. 3+55.37); thence: 5 58'55'26" W, 245.73 feet to a point at (Sta. 6+01.10); thence: $ 69'54'15" W, 304.64 feet to o point al (Sto. 9+05.73); thence: S 63'00'39" W, 193.56 feet to a point at (Sta. 10+99.29); thence: 5 37'48'52" W, 191.98 feet to a point at (Sta. 72+91.27); thence: S 26'22'04" W, 303.98 feet to a point of (Sta. 15+95.25); thence: S 37'04'16" W, 932.09 Het to a point at (Sia. 25+27.34); thence: S 62'3037' W, 6.32.21 feet to point al (Sto. 31+59.55); thence: 5 01'40'01" W, 391.44 feet to o point at (Sta. 35+50.99); thence: S 08'27'43" E, 240.73 feet to point at (Sta. 37+91.72); thence: S 19'16'37" E, 468.30 feet to a point at (51o. 42+60.02); thence: 5 10'00'50" E, 64.14 feet to a point at (51o. 43+24.16); thence: 5 01'3822" E, 128.39 feet to a point at (Sta. 44+52.55); thence: S 173255" E, 961.87 feet to a point at (Sta. 54+14.42); thence: 5 63'03'71' W, 405.33 feet to a point of (Sta. 58+19.75); to o point being the end of Iinv, sold point being on the South line of sold Section 13, from which the Southwest comer of said S.clfon 13, being the original resurveyed USGLO brass cap, bean N 88'02'07" W, 255.9 feet and the South 1/4 comer of sold Section 13, being the original resurveyed USGLO brass cap, bears S 88'02'07" E 2381.7 feet Sold 30' right-of-way Is 5819.8 feet 1n length, or 352.71 rods, and contains 4.01 acres I. Basis of bearings are grid bearings based from GPS observations. Horizontal Datum based on Colorado State Plane Coordinate System Central Zone NA0 83. LINE TABLE NO. BEARING DIST DEFLECTION 140. 85.481140 015T. DEFLECTION L1 S 25'45'31" W 151.58 95'30'19" Right L10 S 6230'37" W 632.21 60'50'36" Left L2 N 59'04'10" W 114.44 23'53'58' Left L11 S 01'40'01" W 391.44 10'07'44" Left 1.3 N 8258`08" W 89.35 38'06'26" Left L12 S 0827'43" 5 240.73 1048'54" Left L4 S 5855'26' W 245.73 105849" Right L13 S 197637" E 468.30 915'47" Right L5 S 69'54'15" W 304.64 653'36' Left L14 S 10'0050" E 64.14 87228" Right L6 S 63'00'39" W 193.56 25'11'46" Left L15 S 0138'22" E 128.38 15'54'33" Left L7 S 37'48'52" W 191.98 1176'48' Left L16 S 173255' E 961.86 8036'06" Right L8 S 2672'04' W 303.98 1042'12" Right L17 S 63'03'11' W 405.33 L9 . S 37'04'16" W 932.09 2526'20" Right 1, WILLIAM 11. OOLINAR, Marathon Oil Company, to make survey of sold works was mode represented on this map. SURVEYOR'S CERTIFICATE stale that 1 am by occupation a registered land surveyor employed by the surrey of this right of way as shown on this map, and that the by personnel under my direction, and that such survey is accurately. '-SEAL-- WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 550 EAST &ECM NORM PRONE: 007-875-56 GREEN RIVER WY www.wbsmitbpo.aom 507-675-5559 RIGHT-OF-WAY PLAT SECTION 13, T6S, R97W, GARFiELD CO., COLORADO MARATHON OIL COMPANY P.O. Box 3128 - 5555 San F•Npe Houston, IX 77253 Houston, 171 77056 DRAWN BY: CED CHECKED BY: HHD SCALE: NOTED DATE: 04/20/2009 408 N0: 26099 SHEET 1 OF 1 RIGHT-OF-WAY DESCRIPTION h 0 z vi 0 1'1 N 0 'HJ L6 '96 0 M 7 co -1i..,:, ..,h• `oecay ay N een I 402 w• M °i O EaZm • 9 °ymC :hi o • N pN Elo d a n38 9 s 0y1,hy�jwhoi hRNC..p ^oq �O n a "+,1012+i+ii++4,14++cry. i +no -N,+Mba®--N,gm^1`473� .fi n 5 gotidd®®ddod c d6$E2g n la .t—'6';131.6— 0 0 0 A 0 .2 o O `o o. c o oM ;$EIIaIIIIt$ic`esen t 5u 00,,,00m00000 on°ye-d •z �-- 22y w° a a a a a$ as v°$$$ b C C ^ b e 4 8 4 M r h g t M n ^� ` t1 pN M..^M°1 Mryg °,Y;,f a IQ33333$33WWW1441C qqs` t! = M `f h O b N 4 0 0^ b 0 N M O° 1 i° n ,1P,Wb MNMbO ,-O °'C �1 Q pE 4)22000(041,0000 nW04•=a$ 'tom 8n°uSS inti°}X}XSbLB$ 0 " ... c c c i i a w i e m e c° 'o o c °AI II w h OX 00 WN N 0 00 z cow '<c1( °HJ 00'06 Hi/ON '03J 'HJ £S" 6f L'f6fZ 9'0692 3 „9Z,6f.10 NISI/ W 9'619Z 3 „'2,90.10 N 'SV3W •.l 0 4) b w 0 z A r m it 04 b R h S 0 70 '4 O n N n 9 04 O W 0 3 M '0 3 O y W Y 8 1n W -12 r V1 W N W qN� V1 W 1n P N 0 •!- 8 0. O 0 b N z 0 SV N n h n ro N a o• m M 0 3 1') w y 3 O z 3 4) z 3 N n 2 h 3 ti 4) y 3 88i ,72 h 2 7' N y 3 1^U P N J J 4" °i 'HJ 00'06 H12/ON '0321 U H9 6L'Zf 3 0 921 9'091Z 3 J N a, O ?N 1oh I 3 �w / !m� \fJ� l~ 0 Sik,, I • / .� �' J Oo \I� I ei CD \ \ 1'61* \ F \ to I\ 3 O I N / COpa 1 I c9 N M U U) 'HJ 00'06 M .10.00 N 0311 L'999t 3 095,69, 10 N 'SV311 �05ZI OSZ� 005 1 ,0001 =„d s la o J 40 J Mnn W \ 0 O 0 0 M 0 N to z 0) "o CO 3 'HJ 00'06 M ,10.00 N 331 f'Lf9Z 3 ,60,04.10 N 'SV3111 PD N co co N OJ 1. d,. LI8IHX3