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HomeMy WebLinkAbout1.0 Application• SPECIAL USE PERMIT 410 INDUSTRIAL OPERATIONS (Other than Oil/Gas Wells) Date: 1-17-85 Applicant: NORTHWEST PIPELINE CORPORATION Address of Applicant: #2 Foresight Circle Grand Junction, CO 81505 Special Use: Install 41 0. D. Steel Buried Gas Pipeline Legal Description: Garfield County, Colorado Township 6 South, Range 92 & 93 West Sections 34, 35, 36, 31, & 30 (See attached map) Requirements: 1. Plans and specifications for proposed use. 2. Letters of approval from utility companies, sewage and water. Evidence of road access and other information deemed necessary. 3. A vicinity map, drawn to scale, depicting the subject property, location and use of buildings and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of the Zoning Regulations. 5. Notice, including the name of the applicant, description of the subject lot, a description of the proposed special use and the time and place for the hearing, shall be given in the newspaper of general circulation in that portion of the County .at least fifteen (15) days prior to such hearing time. The applicant shall bear the cost of advertising. 6. A copy of Assessor'smap showing property; and a listing of all adjoining property owners of said property. Notice, containing information described under paragraph 5, shall be mailed to all owners of record of these lots, at least 5 days prior to the hearing, by certified, return receipt mail, and the receipts shall be presented at the hearin• • the applicant. 7. A fee o $500. s shall be charged for each application and shall be submitte• with the application. 8. Attach copy of proof of ownership (deed; title insurance). This Special Use permit is in compliance with Sections 5.03 and 9.03 of the Garfield County Zoning Resolution and as per application. List all adjoining property owners of said property See attached for adjoining landowners. Attach map showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property and adjoining property. The above information is correct t he be t my n•�le/•ge. icant Date 00 r %ry s 7 4' r 0 }IV3d Y1W`dW HI ON 1 EIOSKIwS L � 3 612 *to o ft Dry Creek N A .53 • +4, 3dld:7-• • • NORTHWEST PIPELINE CORPORATION'', ONE OF THE WILLIAMS COMPANIES #2 Foresight Circle Grand Junction, CO 81505 January 16, 1985 Garfield County Development Dept. ATTN: Cindy Houben 109 8th Street Glenwood Springs, CO 81601 RE: R/W #82925 Exxon R. H. Ranch #1 Clough Gathering System Dear Cindy: Northwest Pipeline is proposing to connect the Exxon R. H. Ranch #1 Well. We need a Special Use Permit from Garfield County in order to accomplish this. With regard to the above, please find the following enclosed: J 1. Our draft # D / l z-6 in the amount of $500.00, representing application fees. 2. Completed application form for the permit. 3. Plans and Impact Statement 4. Maps indicating the location of the proposed pipeline. If you need further information, please advise. Thank you for your cooperation in this matter. JRC:lr:033 Enclosure(s) 17: Sincerely, NORTHWEST PIPELINE CORPORATION Jo.n R. Clark, ight of Way Agent • • PLANS & SPECIFICATIONS FOR PIPELINE Length: ± 16,000 feet Diameter: 42 0. D. Steel Welded Pipe Wall thickness: .188 Expected construction time: 3 weeks At any given time, approximately 20 work people will be on hand during construction of this line. The line will be buried and the land restored and seeded. No impacts are expected to any wildlife in the area, No water courses will be changed and no pollutants will be discharged. Adjacent land will not be adversely affected by our construction methods. We will use a backhoe and trenching machine to dig the trench. Dust, if any, will be minimal. Traffic to job site will be on County Road 319 and 333. Parking of equipment will be off of the county roads so as not to impede traffic. Abutting property is used for farming and ranching operations with some land subdivided for sale. ADJOINING LANDOWNERS Bureau of Land Management 764 Horizon Drive Grand Junction, CO 81501 Grass Mesa, Ltd. P. 0. Box 1089 Aspen, CO 81612 ATTN: Richard Rudolph B. J. M., Ltd. 5957 319 Road Rifle, CO 81650 ATTN: H. B. Shaeffer Benzel Livestock Company 222 W. Brown Road #84 Mesa, AZ 85201 ATTN: John Benzel Cambridge Properties 650 South Cherry Street Denver, CO 80222 ATTN: Donald Macy PLANS & SPECIFICATIONS FOR PIPELINE Length: ± 16,000 feet Diameter: 42 0. D. Steel Welded Pipe Wall thickness: .188 Expected construction time: 3.weeks At any given time, approximately 20 work people will be on hand during construction of this line. The line will be buried and the land restored and seeded. No impacts are expected to any wildlife in the area. No water courses will be changed and no pollutants will be discharged. Adjacent land will not be adversely affected by our construction methods. We will use a backhoe and trenching machine to dig the trench. Dust, if any, will be minimal. Traffic to job site will be on County Road 319 and 333. Parking of equipment will be off of the county roads so as not to impede traffic. Abutting property is used for farming and ranching operations with some land subdivided for sale. Clti�ic. iskiNs Wok 1+w►»p 1 GJ est,. Gh q3'706' © I YV flat C oac y. � 63:76"yr�Rmm Cry P k ,ossa, L -TO . e,/. Giu,wc ` , Co 7J I.2, TD Dc v eV La ADJOINING LANDOWNERS © Bureau of Land Management 764 Horizon Drive Grand Junction, CO 81501 E) Grass Mesa, Ltd. P. 0. Box 1089 Aspen, CO 81612 ATTN: Richard Rudolph G) B. J. M., Ltd. 5957 319 Road Rifle, CO 81650 ATTN: H. B. Shaeffer aBenzel Livestock Company 222 W. Brown Road ##84 Mesa, AZ 85201 ATTN: John Benzel PAY l�(Ark i� 5 Cambridge Properties (5e0 (G cA 650 South Cherry Street — S50it jam° Denver, CO 80222 ATTN: Donald Macy • NORTHWEST PIPELINE CORPORATION„, ONE OF THE WILLIAMS COMPANIES 82 FORESIGHT CIRCLE GRAND JUNCTION, COLORADO 81505 (303) 245-5800 June 25, 1985 Garfield County Department of Development ATTN: Glenn Hartmann Suite 306 109 Eighth Street Glenwood Springs, CO 81601 RE: R/W #820925 - Clough Gathering Exxon R. H. Ranch #1 Dear Glenn: Northwest Pipeline has met all of the conditions of the special use permit except having our contractor call the County Clerk concern- ing licensing of his equipment. This condition will be met as soon as we have a successful bidder. Until then, we ask for an extension on the special use permit. Thank you for your cooperation in this matter. Sincerely, NORTHWEST PIPELINE CORPORATION JRC:hd:347 John R. Clark g t of Way Agent JUl 2 r.. 1985 1 GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 June 21, 1985 Northwest Pipeline Corporation #2 Foresight Circle Grand Junction, CO 81505 ATTN: John Clark Dear John: We have received your submittal of all lease agreements for your proposed pipeline in Garfield County, and have found them to be complete. The only remaining conditions to be satisfied are #6 and #8 as indicated on your resolution of conditional approval. These relate specifically to your obtaining all required road cut permits from the Garfield County Road and Bridge Department, and notification to the Clerk and Recorder's Office by your subcontractor regarding licensing of equipement. Please advise us when such notification has occurred and submit copies of your road cut permits. Your permit will be issued as soon as these matters are complete. We appreciate your cooperation, and encourage you to contact this office if you have any further questions or concerns. Sincerely, Glenn Hartmann Planner tic-aL cAt. uv GARFIELD COUNTY COURTHOUSE 21")-aks- 129 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81k 01 • RIGHT OF WAY AND EASEMENT B.J.M., LTD., a Colorado Limited Partnership, KATHERINE FRANCIS ROGERS, JAKE SHAEFFER, FRIEDA SHAEFFER, and HAROLD B. SHAEFFER ("Grantors") own property located in Lot 4 of Section 30 and Lot 1 of Section 31, Township 6 South, Range 92 West, Garfield County, Colorado ("Subject Property"). The Subject Property is generally depicted on Appendix "A" which is attached to this instrument for reference. For and in consideration of the sum of TEN DOLLARS AND OTHER CONSIDERATIONS, to the Grantors in hand paid by NORTHWEST PIPELINE CORPORATION, a Corporation, ("Grantee") the receipt of which is hereby acknowledged, Grantors do hereby grant, sell and convey to Grantee, its successors and assigns an easement and right-of-way across the Subject Property to locate, survey a route, construct, entrench, maintain and operate a pipeline (buried to a depth of at least 5.5 feet) with appurtenances thereto including, but not limited to, valves, metering equipment, meter house, 1 gate in the fence adjacent to the meter house and cathodic equipment (said pipeline, appurtenances, valves, metering equipment, meter house and cathdic equipment being hereinafter sometimes collectively called the "facilities") over, under and through the Grantors' land in the location shown on Appendix A. 1. This right-of-way and easement shall carry with it the right of ingress and egress to and from, and access on and along said right-of-way and easement, with the right to use existing roads, for the purpose of constructing, inspecting, repairing and maintaining the pipeline and facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe. During temporary periods the Grantee may use such portion of the Subject Property along and adjacent to the right-of-way and easement as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the • • pipeline and facilities. The portion used for this purpose, however, shall not exceed 45 feet in total width. 2. The grant of right-of-way and easement herein by Grantors shall carry with it the grant of all rights necessary to operate and maintain the facilities over the right-of-way and easement hereby granted to Grantee, its successors and assigns, and the Grantee may assign the right-of-way and easement herein granted either in whole or in part, subject to the terms of the grant, and such right-of-way and easement shall be convenants running with the land and be binding upon Grantors, its successors and assigns. 3. In connection with construction, operation, inspection, replacement, repair and maintenance of the pipeline and facilities by Grantee (the "Work"), Grantee shall restore and repair any roads, ditches and fences to the condition comparable to which existed just prior to Grantee's Work, and Grantee shall compensate Grantor for any other damages actually incurred by Grantors in connection with Grantee's Work. 4. Grantee may at any time, and upon permanent abandonment of said right-of-way and removal of improvements constructed, if any, upon the surface of the Property, shall execute and record a reconveyance and release hereof, whereupon the right-of-way and easement and all rights and privileges herein mutually granted shall be fully cancelled and terminated. 5. Grantors reserve the right to use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb its pipeline or facilities and no road, reservoir, excavation, obstruction or structure shall be constructed, created or maintained on, over, along or within said right-of-way without Grantee's prior written consent. 6. Grantors represent and warrant that they are the owners in fee simple of the land hereinafter described, subject only to • • outstanding oil and gas leases, and in the event of default by Grantors, Grantee shall have the right to discharge or redeem for Grantors, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. // ) Dated this �j UL_ day of L�1�J , 1985. NORTHWEST PIPELINE CORPORATION B.M.J. LIMITED iga U eu,-- 7104,1-4-L EY IN FACT BARBARA J. MORR STATE OF COLORADO COUNTY OF 514161/---/ as: GENERAL PARTNER 7,J,rt A c ( , t C) `, /t CT i i C C . U j -t cr4.41 KATHERINE FRANCIS ROGERS ' --ILL2#7 SA E SHAEFFER C 1 _1,t, -u GCi FRIEDA SHAEFFER ' rgtettie .e_tact#4(1 HAROLD B. SHAEFFER Subscribed and sworn to before me this ""' day of !L—k---,- 1985, by BARBARA J. MORRIS, General Partner for B.J.M., invited. My Commission expires: 52z.4 //a otary Public • • RIGHT OF WAY AND EASEMENT 'STATE OF COLORADO COUNTY OF GARFIELD Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER CONSIDERATIONS, to the Grantor in hand paid by NORTHWEST PIPELINE CORPORATION, a corporation, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee, its successors and assigns, a right-of-way and easement to locate, survey a route, construct, entrench, maintain and operate a pipeline with appurtenances thereto including, but not limited to, valves, metering equipment, and cathodic equipment, and in connec- tion therewith, (said pipeline, appurtenances, valves, metering equipment, cathodic equipment being hereinafter sometimes collectively called the "facilities") over, under and through the hereinafter described land, approximately along the line designated by survey heretofore made or hereafter to be made by Grantee, through and over said land on a right-of-way 40 feet in width during construction, reduced to 30 feet after construction for purposes of operation and maintenance. The pipeline will be placed 10 feet south of the northern property line. This right-of-way and easement shall carry with it the right of ingress and egress to and from, and access on and along said right-of-way, with the right to use existing roads, for the purpose of constructing, inspecting, repairing and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe. During temporary periods Grantee may use such portion of the property along and adjacent to said right-of-way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. TO HAVE AND TO HOLD the above-described rights and easements, together with all rights necessary to operate and maintain the facilities over the right-of-way hereby granted unto the said Grantee, its successors and assigns, and the Grantee may assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, legal representatives and successors in title. Grantee may at any time, and upon permanent abandonment of said right-of-way and removal of any or all surface improvements constructed thereon, shall execute and record a reconveyance and release hereof, whereupon this right-of-way and easement and all rights and privileges herein mutually granted shall be fully cancelled and terminated. Grantor reserves the right to the use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be cons.. ,acted, created or maintained on, over, along or within said right-of-way without Grantee's prior written consent except as provided in Exhibit "A" incorporated herein by reference. Grantee shall, during initial construction, bury said pipeline a minimum of 6 feet in depth. Grantee shall_ pay to Grantor all damages to Grantor's growing crops and timber caused by the construction, maintenance, repair, replacement or removal of the pipeline and appurtances. It is mutually agreed that should any dispute arise as to such damages, the same, if not mutually agreed upon, shall at the written request of either party be arbitrated and determined by disinterested arbitrators, one to be appointed by Grantor and one by Grantee within 30 days after such request, and if the two so chosen be unable to agree within 90 days after appointment, then they shall, within 30 days after written request by either the Grantor or the Grantee, select a third arbitrator, and failing so to do, such third arbitrator shall be appointed on application of either Grantor or Grantee, by the senior Federal District Judge of the District wherein the land lies and the decision of any two of the arbitrators thus appointed shall be final and conclusive. • • RIGHT OF WAY AND EASEMENT Page 2 of 2 • (continued) Grantor represents and warrants that he is the owner in fee simple of the land hereinafter described, subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. It is hereby understood that the parties securing this grant in behalf of the Grantee are without authority to make any covenant or agreement not herein expressed. by DESCRIPTION OF PROPERTY SITUATED IN GARFIELD COUNTY, STATE OF COLORADO. Subdivision NE1 Section Township Range B. & M. 36 6 South 93 West 6th P.M. Beginning at a point located on an east -west property fence, said point bears south 7° 31' east, a distance of 14.6 feet from the northeast corner of Section 36; thence south 79° 07' west, a distance of 10.5 feet to a point 10.0 feet southerly of a north -south property fence; thence south 89° 44' west, a distance of 2648.5 feet to a point 10.0 feet southerly of a north -south property fence; thence south 44° 44' west, a distance of 14.1 feet; thence south 0° 36' east, a distance of 1340.1 feet to a point located on the west boundary line of the northeast quarter of said Section 36, said point bears south 0° 36' east, a distance of 24.0 feet from the northwest corner of the southwest quarter of the northeast quarter of said Section 36. The length of the above-described survey line is 4013.2 feet, or 243.224 rods, and contains 2.754 acres. WITNESS THE EXECUTION HEREOF THE PL.) Witness Db�'p1/1-Y OF I 1985, A.D. BEN EL RANCH P4tC/ SHIP `r. T — By L ,� `/ L6z_y Signature(s) Donald Macy, Pre ident Cambridge Properties Ltd., General Partner Project Name: Exxon R. H. Ranch #1 W/0: 22511 Dwg: Tax Schedule Map Topo R/W: 820925 Grant No: STATE OF COLORADO COUNTY OF GARF.EIhD ARAPAHOE foregoing instrument was acknowledged before me this - day of , 1985, by Donald Macy, President of Cambridge Properties Ltd. on behalf of said company. My Commission expires: Notary Public in and for Gar44 TPd Arapahoe County, State. of Colorado • P•it No I/ Date g GARFIELD COUNTY CONSTRUCTION PERMIT FOR INSTALLATION OF UTILITIES IN PUBLIC RIGHTS-OF-WAY Permittee's Name: Address: #2 Foresight Circle, Grand Junction, CO 81505 Northwest Pipeline Corporation Type of Installation: A 4 z inch 0.D. steel natural gas pipeline crossing under Garfield County Road #319. The pipeline will be at least 5 feet below the surface of the road. Location and description of work: Approximately 22 miles southwest of the Rifle Airport. Install pipeline and rehab the county road to a condition as good as or better than before cora_ Estimated Construction Schedule: Start: May 30, 1985 Compete: June 30, 1985 Reauest for permission to make the above-described installation at the location specified is here- by granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Permittee will cause the installation to be made at no expense what- soever to Garfield County and that the Permittee will own and maintain the installation upon com- pletion of the work. 2. The Permittee shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its rdpresentatives, agents and employees from any and all liability, loss and da -ace which may arise out of or be connected with the installation, maintenance, alteration, removal, or presence of the installation above described or any work or facility connected there- with, within the area covered by this Permit. 3. The entire installation, repairs and clean-up shall be completed prior to: July 31, 1985 4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after dark, un- less otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Permittee shall mark the installation at designated locations in a manner acceptable to the Board of County Commissioners or their repre- sentative. 6. In the event any changes are made to this highway in the future that would necessitate removal for relocation of this installation, Permittee will do so promptly at its own expense upon written request from the Board of County Commissioners. The County will not be responsible for any damage that may result in the maintenance of the highway to installation placed inside Public Rights-of- way limits. 7. Permittee will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do so by the Board of County Commissioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be incased in pipe of larger diameter and the crossing shall be as nearly perpendicular to the roadway as physically possible. This instal— lation shall be installed by the method of boring or jacking through beneath the road surface; however, open cut shall be allowed up to the edge of the surfaced portion of the highway. No gra- ter shall be used in the boring and no tunneling shall be permitted. Gravel/dirt road shall be cut and not be cased. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever pos- sible it shall be pushed through and beneath in a pipe of larger diameter thereby eliminating the necessity of trenching. In no case shall the flow of water ever be impaired or interrupted. 10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statutes as are applicable. 11. The above-described natl,ral sps pipplin e line shall be installed beneath the surface of the right-of-way at a minimum depth of 6n inches, and the disturbed portion of the right- of-way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed, and the last twelve inches of backfill shall be of stable granular material such as crusted rock or gravel. 12. Permittee shall be responsible for any repairs to roadway or right-of-way necessitated by the installation. i OF WAY AND EASEMEN10 ATE OF COLORADO COUNTY OF GARFIELD KNOW ALL MEN BY TIIESE PRESENTS, that the undersigned, hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER CONSIDERATIONS, to the Grantor in hand paid by NORTHWEST PIPELINE CORPORATION, a corporation, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee, its successors and assigns, a right of way and easement to locate, survey a route, construct, entrench, maintain and operate a pipeline with appurtenances thereto including, but not limited to, valves, metering equipment, and cathodic equipment, and in connection therewith, a road (said pipeline, appurtenances, valves, metering equipment, cathodic equipment and roads being hereinafter sometimes collectively called the "facilities") over, under and through the hereinafter described land, approximately along the line designated by survey heretofore made of hereafter to be made by Grantee, through and over the said land on a right ofway 60 feet in width. This right of way and easement shall carry with it the right of ingress and egress to and from, and access on and along said right of way, with the right to use existing roads, for the purpose of constructing, inspecting, repairing and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe. During temporary periods Grantee may use such portion of the property along and adjacent to said right of way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate and maintain the facilities over the right of way hereby granted unto the said Grantee, its successors and assigns, and the Grantee may assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, legal representatives and successors in title. Grantee may at any time, and upon permanent abandonment of said right of way and removal of all improvements constructed thereon, shall execute and record a reconveyance and release hereof, whereupon this right of way and easement and all rights and privileges herein mutually granted shall be fully cancelled and terminated. Grantor reserves the right to the use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be constructed, created or maintained on, over, along or within said right of way without Grantee's prior written consent. Grantee shall, during initial construction, bury said pipeline below ordinary plow depth. Grantee shall pay to Grantor all damages to Grantor's growing crops and timber caused by the construction, maintenance, repair, replacement or removal of the pipeline and appurtenances. It is mutually agreed that should any dispute arise as to such damages, the same, if not mutually agreed upon, shall at the written request of either party be arbitrated and determined by disinterested arbitrators, one to be appointed by Grantor and one by Grantee within 30 days after such request, and if the two so ,r chosen be unable to agree within 90 days after appointment, then they shall, within 30 days after written request by either the QfGrantor or the Grantee, select a third arbitrator, and failing so to do, such third arbitrator shall be appointed on application of either Grantor or Grantee, by the senior Federal District Judge of the District wherein the land lies and the decision of any two of the arbitrators thus appointed shall be final and conclusive. . Grantor represents and warrants that he is the owner in fee simple of the land hereinafter described, subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. It is hereby understood that the parties securing this grant in behalf of the Grantee are without authority to make any covenant or agreement not herein expressed. DESCRIPTION OF PROPERTY SITUATED IN GARFIELD COUNTY, STATE OF COLORADO by Subdivision Section Township Range B. & M. N1 N ZS1 SE4 35 6 South 93 West NW4SW4 36 6 South 93 West NW4SW4SW4 36 6 South 93 West SE4NW4 36 6 South 93 West Grantor reserves the right to cross the easement with roads, fences and utilities in compliance with Northwest Pipeline's standard encroachment procedures. WITNESS THE EXECUTION HEREOF THE �tZ ss to Signature(s Project Exxon R.H. Ranch it1 Name: Clough Gathering System 22511 Dwg. No. Topo R/W 820925 Grant No. C-3 DAY OF"J JANUARY 1985 ,A� <-1Z () BENZEl. LIVESTOCK COMPANY John Benzel, President • • UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT GRAND JUNCTION DISTRICT OFFICE 764 HORIZON DRIVE GRAND JUNCTION, COLORADO 81506 Right -of -Way Grant and Temporary Use Permit Serial No.0-40235 Expiration Date April 29, 2015 This grant, the details of which are shown below, is a nonexclusive, nonpossessory right-of-way issued by the Bureau of Land Management under Sec. 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185). Sec. A. Details of Grant 1. Name of Holder: Northwest Pipeline 2. Address of Holder: No. 2 Foresight Circle Grand Junction, Colorado 81505 The holder shall promptly notify the Grand Junction District Manager, Bureau of Land Management, of any subsequent change in status or address. See 43 CFR 2883.2(c). 3. Location of the Right -of -Way: The above-named holder is hereby authorized to use, subject to the terms, conditions, and stipulations set out below, the following -described Federal land: Sixth Principal Meridian T. 6 S., R. 93 W. Section 34: SE'SE'k Section 35: N'S1/2SW' 4. Description of the Right -of -Way Facility and Purpose: The above-named holder is hereby authorized to construct, operate, maintain, and terminate a natural gas pipeline on the above-described Federal land. Dimensions of the Right -of -Way: The right-of-way authorized herein shall be 3990 feet in length and 35 feet in width, containing approximately 3.20 acres. Approved Map: A map showing the location of the right-of-way (over, above, across) the above-described Federal land is attached hereto as Exhibit A. This right-of-way may be used only for the purposes specified above. See 43 CFR 2881.1-1(b). • • RIGHT-OF-WAY AND EASEMENT STATE OF COLORADO COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER CONSIDERATIONS, to the Grantor in hand paid by NORTHWEST PIPELINE CORPORATION, a corporation, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee, its successors and assigns, a right-of-way and easement to locate, survey a route, construct, entrench, maintain and operate a pipeline with appurtenances thereto including, but not limited to, valves, metering equipment, and cathodic equipment, and in connection therewith, a road (said pipeline, appurtenances, valves, metering equipment, cathodic equipment and roads being hereinafter sometimes collectively called the "facilities") over, under and through the hereinafter described land, approximately along the line designated by survey heretofore made or hereafter to be made by Grantee, through and over the said land on a right-of-way 60 feet in width specify 30' on each side of right-of-way or 20' westerly and 40' easterly, etc. during construction, reduced to 30 feet after construction for purposes of operation and maintenance. This right-of-way and easement shall carry with it the right of ingress and egress to and from, and access on :,nd along said right-of-way, with the right to use existing roads, for the purpose of constructing, inspecting, repairing and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe. During temporary periods Grantee m?y use such portion of the property along and adjacent to said right-of-way as may be reasonably necessary in connec' •1 with construction, maintenance, repair, removal or replacement of the facilities. TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate and maintain the facilities over the right-of-way hereby granted unto the said Grantee, its successors and assigns, and the Grantee may assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, legal representatives and successors in title. Grantee shall execute and record a reconveyance and release hereof whereupon this right-of-way and easement and all rights and privileges herein mutually granted shall be fully cancelled and terminated three years after cessation of all oil and gas exploration, development and production upon those lands within the boundaries of Grass Mesa Ranch. Grantor reserves the right to the use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be constructed, created or maintained on, over, along or within said right-of-way without Grantee's prior written consent except as provided in Grantee's Encroachment Conditions (Exhibit A) incorporated herein by reference. Grantee shall, dining initial construction, bury bury said pipeline a minimum of 6 feet in depth. ,- r �4GA roadways, property, Grantee shall pay to Grantor all damages to Grantor's growing crops and timber cau ed by the construction, maintenance, repair, replacement or removal of the pipeline and appurtenances. It is mutually agreed that should any dispute arise as to such damages, the same, if not mutually agreed upon, shall at the written request of either party be arbitrated and determined by disinterested arbitrators, one to be appointed by Grantor and one by Grantee within 30 days after such request, and if the two so chosen be unable to agree within 90 days after appointment, then they shall, within 30 days after written request by either the Grantor or the Grantee, select a third arbitrator, and failing so to do, such third arbitrator shall be appointed on application of their Grantor or Grantee, by the senior Federal District Judge of the District wherein the land lies and the decision of any two of the arbitrators thus appointed shall be final and conclusive. *See below. Grantor represents and warrants that he is the owner in fee simple of the land hereinafter described, subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. It is hereby understood that the parties securing this grant in behalf of the Grantee are without authority to make any covenant or agreement not herein expressed. DESCRIPTION OF PROPERTY SITUATED IN GARFIELD COUNTY, STATE OF COLORADO Subdivision Section Township Range B. & M. Lots 41 & 42 34 6 South 93 West 6th P.M. WITNESS THE EXECUTION HEREOF THE ..44^/d— DAY OF - By itness to Snature(s) rass Mesa, Ltd. Richard E. Rudolph, President 19 , A.D. Project Name: Exxon R. H. Ranch #1 W/0 22511 Dwg. No. Tax Schedule Map, Topo R/W 820925 Grant No. G-1 *Grantee shall further indemnify and defend Grantor from and against ny and all third party cla A c , s, demands, actions, causes of actions and expenses of any—rtft-t-44 w#1 ! vP.p- including reasonable attorney's fees which arise by reason of Grantnf» ilsq and activities pursuant to this easement agreement eP— f nny---t1fl-ly-}i`i'F''Vh 1,4.by renson or Grantee's activities upon Grantor's property. r�l • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 March 27, 1985 Northwest Pipeline Corporation #2 Foresight Circle Grand Junction, CO 81505 ATTN: John R. Clark Dear John, Enclosed is a copy of the Resolution of approval for your Special Use Permit for a natural gas pipeline. You have 120 days from March 25th to complete all conditions of approval as outlined in the resolution. If necessary you can request an extension on this time period by contacting this office. When all conditions are satisfied the actual permit will be issued and you will be sent a copy. If you have any further questions please contact this office. Sincerely, Glenn Hartmann Planner GH/ GARFIELD COUNTY COURTHOUSE 109 8TH STREET. SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 44) . f- 3/ i'veldreAitcr O(- oL 06- (?..r- 2/77 - 3/ - - 3.94 /tr eutz4 4_44). ¶w 1177- sec. 0"— 1/77_ 25" - cw - 24`6 3` 2477 - (Yu-- z�7 2-177 - 5c- — 163. /1i zr 77 - 5 (9 coAA.X1-‘ /11,AP5 4 h k c1 y (J 4 -Iv _A,. lt�