HomeMy WebLinkAbout2.0 BOCC Staff Report 04.13.199241Y-rv1-
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
ACCESS:
EXISTING AND ADJACENT ZONING:
BOCC 4/13/92
Special Use Permit for Utility Line
Rocky Mountain Natural Gas
Company
A right-of-way located in portions
of the NW1/4NE1/4 of Section 32 and
NW1/4SW'/4 and SE1/4 of Section 33 of'
T7S, R87W of the 6th P.M.; located
on the north side of the proposed
Hwy 82 right-of-way from east of
Catherine's Store to the Eagle
County line.
Highway 82
A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in District C - Rural Areas with Minor Environmental
Constraints as designated by the Garfield County Comprehensive Management
District's map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The proposed alignment will extend from Rocky Mountain
Natural Gas's old compressor site on the south side of Hwy 82 to the Eagle
County line. The line will cross Hwy 82 just east of the Rocky Mountain
Natural Gas's property and the proposed Hwy 82 right-of-way. The property
traverses pasture land/hay ground as well as residential properties. An irrigation
ditch and a high voltage transmission line will be traversed. The line will enter
Eagle County east of the Blue Lake gravel pit (see enclosed map).
B. Development Proposal: The applicants are requesting a Special Use Permit for
a 10" steel natural gas transmission line. The purpose of the line is to provide
additional natural gas to the expanding Roaring Fork Valley. This project is a
continuation of work conducted in 1991 running from the Crystal River to the
Hwy 82 Rocky Mountain Natural Gas compressor site. The compressor was
removed during that project.
Last fall, an application was filed for the proposed gas line extension into Eagle
County following a considerably different alignment. That alignment parallelled
the Roaring Fork on the south side of Hwy 82. Due to the time of year, the high
number ofproperty owners and environmental concerns, that alignment was not
pursued.
• �r
III. MAJOR ISSUES AND CONCERNS
1. The applicants have submitted easement agreements for the pipeline from all
affected private property owners in Garfield County.
2. No agreement to cross Highway 82 from the Colorado Department of
Transportation has been provided. The applicant has indicated that Colorado
Revised Statutes provide for utility crossings without obtaining an easement.
3. The applicants have provided a letter from Public Service of Colorado citing
their intent to cooperate with Rocky Mountain Natural Gas in providing an
easement. Their dedication of an easement is dependent upon federal
bankruptcy courts distribution of Colorado Ute's assets (see enclosed letter).
4. The proposal will require the crossing of one irrigation ditch at the north end of
the project. No approval of or agreement with the ditch company has been
provided to date.
5. No materials or equipment storage are proposed as a portion of the application.
6. Permanent impacts from the proposed development should be minimal. No
above -ground improvements are included as a portion of the application. The
primary impact should be addressed as a function of revegetation. Rocky
Mountain Natural Gas's revegetation policy provides for either reseeding
damaged areas or paying the applicant the costs of reseeding.
IV. SUGGESTED FINDINGS
1. That proper publication and public notice was provided as required by law for
the hearing before the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at the hearing.
3. That the application is in compliance with the Garfield County Zoning
Resolution of 1978, as amended.
4. For the above stated and other reasons, the proposed use is in the best interest
of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
APPROVAL, subject to the following conditions:
1. All proposals of the applicant shall be considered conditions of approval unless
stated otherwise by the Board of County Commissioners.
2. The applicant shall have 120 days from the date of the Resolution of
Conditional Approval to meet all conditions set forth in the Resolution. The
Special Use Permit shall be issued when all conditions are met and shall expire
120 days after issuance, unless construction or use have commenced.
a
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3. All revegetation shall be in accordance with the revegetation agreements
approved by each property owner. All revegetation shall be conducted with
certified weed -free seed. Rocky Mountain Natural Gas shall be responsible for
weed control in accordance with State and County regulations.
4. No materials or equipment storage or staging area shall be approved as a
portion of the application.
5. Prior tporn w r bnnonducted affecting the irrigation ditchhthe applicants
shall liwntteauthorization
from the
J� on [ 46 2µytl/d4ts /IRS GOC � Oc..J11,
6. Hours of operation shall be limitedllto daylight_ hours] an les- 5e
waiee.e) lett
tour 14-;141 pis -.
7. The applicants shall provide adequate dust control during construction and
revegetation.
ROCKY
MOUNTAIN
NATURAL GAS
COMPANY
A $UB$IONRY OF
March 2, 1992
Mark L. Bean
Planning Dept. Director
Garfield County
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Special Use Permit Application
ROW92:039
Dear Mr. Bean:
Rocky Mountain Natural Gas Company
401 27th Street
P.O. Box 670
Glenwood Springs, CO 81602-0670
(303) 945-8617
I have put together some information for a special use permit for a
new 10" steel transmission pipeline that will run from the property we
own located east of Catherine Store in an easterly direction to the
Garfield County line. This new pipeline is needed to move the
increased amounts of natural gas required to serve the Roaring Fork
Valley.
I have enclosed copies of the private easements that we have recently
obtained. The only easement that we do not have at this time is from
Colorado -Ute. They are not sure who can sign the form with the
impending split of their company. They have agreed to try and get us
the easement or we will have to enter into a friendly condemnation to
acquire the easement from the bankruptcy court.
Please see the attached "Exhibit A" for a description of the property
we intend to cross. Please see "Exhibit B" for a list of the owner's
names and addresses.
We will not be using our Highway 82 property as a staging/storage
area.
No known wetlands will be crossed with the new pipeline.
The location of the pipeline is shown on the enclosed map. The
pipeline will be a 10" steel natural gas pipeline. The pipeline will
be constructed to DOT specifications. The proposed construction
schedule is from April 1, 1992 to June 1, 1992.
The construction will not have any adverse impact upon existing lawful
use of water through depletion or pollution of surface run-off, stream
flow or ground water. This is a natural gas pipeline and will not
require any water to operate.
The pipeline will be installed on a valid right-of-way. There will
not be any adverse impact on adjacent land because of vapor, dust,
Mark L. Bean
Page Two
March 2, 1992
smoke, noise, glare, vibration or other emanations. The only time any
of these items would be encountered is during construction of the new
pipeline. The amount of time spent on any one parcel of land should
be minimal.
We feel that there will not be any major impacts on wildlife and/or
domestic animals. The only time any disruption may occur is during
construction. Once the route has been reseeded, the wildlife would
not even know the pipeline exists.
No new people will be added to our staff as a result of this pipeline
installation. Therefore impacts to traffic should be minimal. After
construction is completed, the traffic patterns will be the same as
they are today. No county roads are involved in this project.
There will not be any adverse impacts to the abutting property by our
operations. This is for a buried pipeline.
We feel that there will be minimal impacts associated with this
project. The pipeline will be installed within the new easements that
have been obtained.
Our current revegetation policy is as follows: 1.) On all private
lands crossed that are currently growing a crop (hay, etc.), we prefer
to pay the land owner the cost to reseed his field. This way he gets
the seed mix that he prefers and the proper timing for planting the
seed. 2.) On all private lands crossed that are not in a crop, we
reseed or pay the owner to reseed with a common seed mix used in that
area.
I have enclosed the required $400.00 permit application fee and the
application form. Please get us on the first available agenda. We
need to start construction on April 1, 1992.
I hope this information will give you what you need to process the
requested permit. Please contact me at the address or phone listed on
the letterhead if you have any questions.
Sincerely,
ail -A2) //.
James L. Krohe
Right of Way Agent
JLK/sbj
Enclosures
pc: Greg Flickner
Exhibit B
Rocky Mountain Natural Gas Company
Names of Property Owners That We Cross
Rocky Mountain Natural Gas
Division of K N Energy, Inc.
P.O. Box 670
Glenwood Springs, CO 81602
Portia Sterrett, ET AL
695 Surrey Road
Carbondale, CO 81623
Portia Sterrett
695 Surrey Road
Carbondale, CO 81623
Mumbert Cerise Family Co.
17072 Highway 82
Carbondale, CO 81623
Alpine Animal Hospital P.C.
17776 Highway 82
Carbondale, CO 81623
Colorado -Ute Electric Assn.
P.O. Box 1149
Montrose, CO 81401
Robert & Gloria Arnold
2542 Emma Road
Basalt, CO 81621
Bradley & Renee' Black
57 Arlian Road
Carbondale, CO 81623
Edson & Mary Harris
17897 Highway 82
Carbondale, CO 81623
Jeanie A. & Gene Adcock Renchard
P.O. Box 9296
Basalt, CO 81621
Colorado Department of Highways
P.O. Box 2107
Grand Junction, CO 81501
t
0 Public Service®
p, MUT'
MAR 9 1992
GARFIELD COUNTY
James L. Krohe
Right of Way Agent
Rocky Mountain
Natural Gas Company
401 27th Street
Glenwood Springs, Colorado 81602
Dear Mr. Krohe:
Public Service
Company of Colorado
5909 E. 38th Ave,
Denver, CO 80207-1295
March 4, 1992
Your letter dated February 26, 1992 addressed to Tom Nelson at
Colorado -Ute Electric Association in Montrose, in which Rocky
Mountain Natural Gas Company is requesting an easement across
property owned by Colorado Ute in Garfield County, has reached my
desk and is the purpose of this response.
According to the Plan of Reorganization filed in the U.S.
Bankruptcy Court for the District of Colorado (Case No. 90B03761C
Chapter 11), and the distribution of assets belonging to Colorado
Ute, the property you are seeking to acquire an easement across,
will be owned by Public Service Company of Colorado, subject to
receipt of the final Order of the Court.
Please accept this letter as Public Service Company's intent
to cooperate with Rocky Mountain Natural Gas Company in granting
the necessary land rights to allow for the installation of your gas
line facilities. Upon receipt of the pending order from the
Bankruptcy Court, we will immediately proceed to finalize the
necessary conveyance documents.
Sincerely yours,
David K. Howard, Supervisor
Right -of -Way
Engineering & Land Services
DKH/eb
cc: Mark Bean
Director of Regulatory Office
RECORDED AT 103 O'CLOCK A -.M. FEB 14 1992
MILDRED ALSDORF, COUNTY CLERK
RIGHT-OF-WAY AND EASEMENT
AEC 431668
BOOK 823 NGE79
Portia A. Sterrett formerly known as Portia A. Carlson, of 695 Surrey Road,
Carbondale, CO 81623, GRANTOR, does hereby sell and convey to ROCKY MOUNTAIN
NATURAL GAS COMPANY, a Colorado Corporation, GRANTEE, for the sum of ten and
no/100 ($10.00) Dollars, and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged, a right-of-way and easement fifty
(50) feet in width for the purposes of laying, constructing, maintaining,
operating, repairing, altering, inspecting, replacing, removing, and/or
changing the size of, one or more pipelines (with valves, meters, fittings,
appliances, and related facilities) for the transportation of gas over,
through, under and across the following described land situated in the County
of Garfield, State of Colorado, to -wit:
A 50.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 3, SECTION 32, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; SAID STRIP OF LAND BEING 25.00 FEET TO EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 32,
A STONE IN PLACE; THENCE S 66°06'19" E 2647.43 FEET TO A POINT ON THE
WESTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 536 AT PAGE 89 OF THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE ALSO BEING A POINT ON SAID
CENTERLINE, THE TRUE POINT OF BEGINNING; THENCE S 88°20'00" E ALONG SAID
CENTERLINE 282.72 FEET TO A POINT ON THE EASTERLY LINE OF SAID PROPERTY
DESCRIBED IN BOOK 536 AT PAGE 89, THE TERMINUS, WHENCE THE WITNESS CORNER TO
THE NORTHWEST CORNER OF SAID SECTION 32 BEARS N 68°12'39" W 2911.11 FEET;
SAID STRIP CONTAINING 0.301 ACRES, MORE OR LESS.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands and other lands of the GRANTOR to and from said right-
of-way and easement.
GRANTOR hereby warrants and agrees to defend the title to the above-
described premises. GRANTOR shall have the use of such right-of-way and
easement except for any use which conflicts with the purposes for which this
right-of-way and easement is granted;•provided, however, GRANTOR shall not
build or construct nor permit to be built or constructed any building or
other improvement over or across said right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said damage, if not mutually agreed upon, to be ascertained by
three disinterested persons, one to be appointed by the GRANTOR, one by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
ii)
This grant covers all of the agreements between the parties and Olo
representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns.
1 of 2
a'
BOOK 823 ncEV,0
IN WITNESS �� WHER , GRANTOR has executed this Right -of -Way and Easement this
j day o f �� � �j2 i , 1992.
ss.
Portia A. Sterrett formerly known as
Portia A. Carlson
The foregoing instrument was acknowledged before me by Portia A. Sterrett
this nday of re-hr,3 ql7 // , 1992.
My commission expires J��j CP (�j,�
.;.
otary Pu lic
Address: e76 7 ,f7t1e
6T? e, ?7LP
(31 -
2 of 2
W.O. #80602-00
RIGHT-OF-WAY AND EASEMENT
Portia A. Sterrett formerly known as Portia A. Carlson, Bailey R. Sterrett,
Eric B. Carlson and Lisa Marie Carlson, of Carbondale, CO 81623, GRANTORS, do
hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, a Colorado
Corporation, GRANTEE, for .the sum of ten and no/100 ($10.00) Dollars, and
other valuable consideration, the receipt and adequacy of which is hereby
acknowledged, a right-of-way and easement fifty (50) feet in width for the
purposes of laying, constructing, maintaining, operating, repairing,
altering, inspecting, replacing, removing, and/or changing the size of, one
or more pipelines (with valves, meters, fittings, appliances, and related
facilities) for the transportation of gas over, through, under and across the
following described land situated in the County of Garfield, State of
Colorado, to -wit:
A 50.00 FOOT WIDE STRIP OF LAND SITUATED IN LOTS 3 AND 6, SECTION 32,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND BEING 25.00 FEET TO EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 32,
A STONE IN PLACE; THENCE S 48°08'00" E 2462.78 FEET TO A POINT ON THE
EXISTING NORTHERLY RIGHT-OF-WAY OF HIGHWAY NO. 82, ALSO BEING A POINT ON SAID
CENTERLINE, THE TRUE POINT OF BEGINNING; THENCE N 00°04'53" E ALONG SAID
CENTERLINE 172.16 FEET TO A POINT BEING 25.00 FEET NORTHEASTERLY OF AND
PERPENDICULAR TO THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HIGHWAY NO. 82;
THENCE S 79°57'02" E ALONG SAID CENTERLINE ALONG A LINE BEING 25.00 FEET
NORTHEASTERLY OF AND PARALLEL TO THE PROPOSED NORTHERLY RIGHT-OF-WAY OF
HIGHWAY NO. 82, 152.89 FEET; THENCE LEAVING SAID PARALLEL LINE N 44°45'11" E
ALONG SAID CENTERLINE 146.86 FEET TO A POINT BEING 25.00 FEET WESTERLY OF THE
EASTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 358450 OF THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 01°40'00" E ALONG SAID
CENTERLINE ALONG A LINE BEING 25.00 FEET WESTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID RECEPTION NO. 358450, 331.05 FEET; THENCE S 88°20'00"
E ALONG SAID CENTERLINE ALONG A LINE BEING 25.00 FEET NORTHERLY OF AND
PARALLEL TO THE SOUTHERLY LINE OF SAID RECEPTION NO. 358450, 322.81 FEET TO
A POINT ON THE WESTERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 536 AT PAGE
89 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TERMINUS, WHENCE
THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 32 BEARS N
66°06'19" W 2647.43 FEET; SAID STRIP OF LAND CONTAINING 1.292 ACRES, MORE OR
LESS.
AND
A PARCEL OF LAND SITUATED IN LOT 3, SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO;
SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 32,
A STONE IN PLACE; THENCE S 68°12'39" E 2911.11 FEET TO A POINT ON THE
EASTERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 358450 OF THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, ALSO BEING A POINT ON THE
NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN BOOK 536 AT PAGE 89 OF SAID
CLERK AND RECORDER'S OFFICE, THE TRUE POINT OF BEGINNING; THENCE N 72°44!37!!
W ALONG SAID NORTHERLY LINE 89.07 FEET; THENCE LEAVING SAID NORTHERLY LINE S
88°20'00" E 85.79 FEET TO A POINT ON SAID EASTERLY LINE; THENCE S 01°40'00"
1 of 4
W ALONG SAID EASTERLY LINE 23.94 FEET TO THE TRUE POINT OF BEGINNING; SAID
PARCEL CONTAINING 0.023 ACRES, MORE OR LESS.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands and other lands of the GRANTORS to and from said right-
of-way and easement.
GRANTORS hereby warrant and agree to defend the title to the above- described
premises. GRANTORS shall have the use of such right-of-way and easement
except for any use which conflicts with the purposes for which this right-of-
way and easement is granted; provided, however, GRANTORS shall not build or
construct nor permit to be built or constructed any building or other
improvement over or across said right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said damage, if not mutually agreed upon, to be ascertained by
three disinterested persons, one to be appointed by the GRANTORS, one by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
GRANTORS collectively shall have the right to one tap to a pipeline to be
installed on the subject property; provided that GRANTORS shall pay the
customary charges for said use and be subject to regulations in effect at the
time of such request. One or more customers may connect to the one tap so
long as volumetric capacity permits such connections but subject to customary
charges for each connection and regulations in effect at the time of each
such request.
This grant covers all of the agreements between the parties and no
representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns.
IN WITNES WHEREOF, G TORS have executed this Right -of -Way and Easement
this 1.31 day of , 1992.
\ d4 47 /4
Portia A. Sterrett formerly known
as Portia A. Carlson
Eric B. Carlson
B�ey R. Sterrett
2 of 4
Lisa Marie Carlson
STATE OF
COUNTY OF
��I 1 CcJ )
ss.
The fore oing instrument was acknowledged before me by Portia A. Sterrett
this day of r... ry , 1992.
My commission expires &%ib N3
STATE OF et, I Ores( c�
COUNTY OF
Gv .ke- e( c)
ss.
Address:
j ) //11-A__
Notary Pu
Lt ('7-k cSf(rcP_ f--
�� PiV,v-4 � y �f c c\ ?)(d L� `
The foregoing instrument was acknowledged before me by Bailey R. Sterrett
this 1.3 day of instrument,
y , 1992.
My commission expires /42CP f 4' 3
Notary Public
Address: 4 d ( a 7 Z-V1.e
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me by Eric B. Carlson this
day of , 1992.
My commission expires
Notary Public
Address:
-la-
of A
- r
STATE OF
COUNTY OF
)
ss.
The foregoing instrument was acknowledged before me by Lisa Marie Carlson
this day of , 1992.
My commission expires
Notary Public
Address:
W.O. #80602-00
13_
4 of 4
RIGHT-OF-WAY AND EASEMENT
1
Mumbert Cerise Family Co., a Colorado Partnership, of 17072 State Highway 82,',
Carbondale, CO 81623, GRANTOR, does hereby sell and convey to ROCKY MOUNTAIN.
NATURAL GAS COMPANY, a Colorado Corporation, GRANTEE, for the sum of ten and
no/100 ($10.00) Dollars, and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged, a right-of-way and easement fifty'
(50) feet in width for the purposes of laying, constructing, maintaining,'
operating, repairing, altering, inspecting, replacing, removing, and/or
changing the size of, one or more pipelines (with valves, meters, fittings,
appliances, and related facilities) for the transportation of gas over,
through, under and across the following described land situated in the County
of Garfield, State of Colorado, to -wit:
1'j
A STRIP OF LAND BEING 50.00 FEET WIDE SITUATED IN LOTS 7 AND 8, SECTION32
AND IN LOTS 3 AND 4, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND
BEING MORE PARTICULARLY DESCRIBED AS LYING EASTERLY OF AND PARALLEL TO THAT
PROPERTY DESCRIBED IN RECEPTION NO. 358450 (CARLSON PROPERTY); NORTHERLY OF,
EASTERLY OF AND ADJACENT TO THAT PROPERTY DESCRIBED IN RECEPTION NO. 346122
(DENNIS CERISE PROPERTY); NORTHERLY OF AND ADJACENT TO THE PROPOSED NORTHERLY
RIGHT-OF-WAY OF HIGHWAY NO. 82; WESTERLY OF AND ADJACENT TO THAT PROPERTY
DESCRIBED IN RECEPTION NO. 309280 (COLORADO -UTE PROPERTY) BEING SOUTHERLY OF
A POINT BEING 25.00 FEET NORTHERLY OF THE PROPOSED NORTHERLY RIGHT-OF-WAY' OF
HIGHWAY NO. 82; SAID STRIP OF LAND CONTAINING 7.014 ACRES, MORE OR LESS.
SEE THE ATTACHED MAP FOR THE GENERAL LOCATION OF THIS RIGHT-OF-WAY AND
EASEMENT.
GRANTEE shall have the right and option to select the route and location: of
the pipelines within said right-of-way and easement. The exact boundaries of
said right-of-way and easement, and the location of the first pipeline within
said right-of-way and easement, shall be shown and shall be defined 'for
purposes of this right-of-way and easement, on a plat or map filed for record:
by GRANTEE with the Clerk and Recorder of the County in which such landiis
situated, with a copy of such plat or map to GRANTOR, within ninety (90) days
after completion of construction of the first such pipeline. it
GRANTEE shall have all other rights and benefits necessary or convenient for;
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said right-of-way and easement and other lands of the GRANTOR,
acceptable in advance to GRANTOR, to and from said right-of-way and easement:'
GRANTOR hereby warrants and agrees to defend the title to the above-described
premises for the benefit of all persons lawfully claiming by, through'!or,
under GRANTEE. As owner, GRANTOR shall have the use of the property,
encumbered by such right-of-way and easement except for any use which
conflicts with the purposes for which this right-of-way and easementis,
granted; accordingly, GRANTOR shall not build nor permit to be built'ior
constructed any building or other permanent structure over or across said,
right-of-way and easement; provided, however, the terms "building";!;or
"structure" shall not be interpreted to include irrigation laterals, growing
crops, fences, or roadways built perpendicular to and across said right-of-
way and easement; and further provided that irrigation ditches and/pr
underground irrigation pipes can be installed parallel to GRANTEE'S pipe ine,
facilities within the southerly fifteen feet of this pipeline easement.
1 of 3
GRANTEE agrees to bury pipelines so that they w, not interfere with the
cultivation of the land, and also to pay for any damage to the land, fences,
improvements, and growing crops which may arise from its operations
hereundersaid damage, if not mutually agreed upon, to be ascertained!by
three disinterested persons, one to be appointed by the GRANTOR, one!by'
GRANTEE, and the third by the two persons aforesaid, and the written award of;
said three persons, or any two of them, shall be final and conclusive.
GRANTOR shall have the right to require a tap to provide natural gas to the
GRANTOR's property, with a yard line at least 2" in diameter to serve
improvements on GRANTOR's property. GRANTOR shall pay the customary charges
for said use and be subject to regulations in effect at the time of such
request. One or more customers may use the yard line, sometimes formerly
known as a service line, so long as volumetric capacity permits such
connections but subject to customary charges for each connection and
regulations in effect at the time of each such request. GRANTEE reserves the
right to serve the GRANTOR from any pipeline capable of providing natural gas
service. GRANTOR shall bear the cost of installing the yard line(s) intended
for servicing GRANTOR's property. Notwithstanding, GRANTOR shall onlyibe.
liable for that portion of the cost to install the yard line from the
pipeline installed pursuant to this easement to the end user.
�}
This grant covers all of the agreements between the parties and, Ino
representations or statements, verbal or written, have been made modifying,;
adding to, or changing the terms of this Agreement, except for the letter,
from GRANTEE to GRANTOR dated February 28, 1992.
A
In the event this right-of-way and easement is not used for any consecutive'
two-year period, this right-of-way and easement will be deemed abandoned and,
vacated.
9i
This easement and right-of-way and all provisions hereof shall inure to he
benefit of and be binding upon the parties, their successors and assigns':
i
IILWITNESS WHE EOF, GRANTOR has executed this Right -of -Way and Easement this:
It.r day of bt4A , 1992.
BY:
Mumbert Cerise Family Co., a Colorado
Partnership
Richard Cerise, Genera Partner
BY:�.�
Dennis Cerise,-enera1- Partner
Federal Tax Identification No.:
g4-a8gy432
2 of 3
STATE OF eat-OR/1W
��++ s s .
COUNTY OF [9A1 FJ e4.1)
The foreqping instrument was acknowledged before me by /` iti44dd. CeY'4.1@.
AHxiehm 1 S Cerl.s 1. tt"" as General Partner (s) of Mumbert ,
Cerise Family Co. this ).p day of R r44 rti , 1992.
My commission expires 11.-7-1.1
�A
1�
Notary Public
Address:/ (n.wti,e2AL
(e44.14,7n, S710 , (06
W.O. #08307-04
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HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVENUE
GLENWOOD SPRINGS, CO 01601
(303) 945-0676 • (303) 920-3669 • FAX (303) 945-2555
-n-
Ali
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rl b!Nen k enthosbammr:wovu R1wearrnenimo moort rganon nharome..CAMrrunts1e otvomernumMt 1m000•41YtW .;+¢ ONNIYISv.••. 'vit, SYR'. r- •.. e.•Ov..
FECORDED AT //°= O'CLOCK /4".M. FEB 18 1992
C n 4:31701 MILDRED ALSDORF. COUNTY CLFRK
LIGHT -OF -WAY AND EASEMENT
BOOK 823 t GE r SO
Alpine Animal Hospital P.C. of 17776 Highway 82, Carbondale, CO 81623,
GRANTOR, does hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY,
a Colorado Corporation, GRANTEE, for the sum of ten and no/100 ($10.00)
Dollars, and other valuable consideration, the receipt and adequacy of which
is hereby acknowledged, a right-of-way and easement fifty (50) feet in width
for the purposes of laying, constructing, maintaining, operating, repairing,
altering, inspecting, replacing, removing, and/or changing the size of, one
or more pipelines (with valves, meters, fittings, appliances, and related
facilities) for the transportation of natural gas over, through, under and
across the following described land situated in the County of Garfield, State
of Colorado, to -wit:
The easterly fifty feet of the following described parcel: a tract of land
situated in Lot 7 and Lot 13, Section 33, Township 7 South, Range 87 West of
the 6th P.M. in Garfield County Colorado, described as beginning at a point
in the northerly right-of-way fence line of Colorado State Highway No. 82
whence the Southeast Corner of Section 33, T7S, R87W, of the 6th P.M. bears
S.61°10'17"E. a distance of 4,317.22 feet; thence N.1°15'E. a distance of
571.41 feet to the existing fence line; thence S.82°43'E. a distance of
290.00 feet along the above fence line to the Northeast corner of this tract
at the intersection with an existing north -south fence line; thence S.1°15'W.
a distance of 627.18 feet to the northerly right-of-way line of Colorado
State Highway No. 82; thence N.72°05'W. a distance of 244.86 feet along the
existing fence line on the northerly right-of-way line of Colorado State
Highway No. 82; thence N.72°11'W. a distance of 56.18 feet along the existing
fence line on the northerly right-of-way line of Colorado State Highway No.
82 to the point of beginning, containing 4.00 acres more or less.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands :—: _-•_ of the GRANTOR to and from said right-
of-way and easement.
GRANTOR hereby warrants and agrees to defend the title to the above-
described premises. GRANTOR shall have the use of such right-of-way and
easement except for any use which conflicts with the purposes for which this
right-of-way and easement is granted;. provided, however, GRANTOR shall not
build or construct nor permit to be built or constructed any building or
other improvement over or across said right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said damage, if not mutually agreed upon, to be ascertained by
three disinterested persons, one to be appointed by the GRANTOR, one by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
see c14 o--�e_ 02.
This grant covers allof the agreements between the parties and •• no
representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns:
1 of 2
BOOK 823 r CE?S1,
IN WITNESS WHEREOF, GRANTOR has executed this Right -of -Way and Easement this
/7 day of f , 1992.
STATE OF Cal €,T4 -. )
1 )
COUNTY OF
SS.
BY:
Alpine An mal It9spital P.C.
//,/,e&U-&-(7
-
C. G. Dewell, DVM
The foregoi g (instrument was acknowledged beforeme by C. a -��ei( Qf�C
ne374,Accthis /"7 day of February, 1992.
My commission expires
•
A7, /6/),-5
Address:
Notary Publ.c
?--7 S ti -e f
(.74/,-L5r 2)(p.\
W.O. #08307-04
cy-tes 0J- 'A. Mac/L._ -741e_ e_ASI--erS(/ QCCe5:: (aq(4
Q,(- a rr-E.4 -cess do 7 cics , �, f -evekir Crc e�rrt,y(), � Clquse� G���2� ee 5-.ees»cy
Gr4��o� s j‘L'`.(`-"k eiF /sem. -er � ,� -eye ecr a� e 7
Le_ ` 4e -'of fy ,,,t u s f - e /7w. c ;(z_
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2 of 2
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RECORDEDT Sao O'CLOCKA.M. rtt 1 i 199Z
REC g4931757 MILDRED ALSDORF. COUNTY CLERK
RIGHT-OF-WAY AND EASEMENT
Brim( 823 neE930
Robert Arnold and Gloria H. Arnold (H&W) of 2542 Emma Road, Basalt, CO 81621,
GRANTORS, do hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, a
Colorado Corporation, GRANTEE, for the sum of ten and no/100 ($10.00)
Dollars, and other valuable consideration, the receipt and adequacy of which
is hereby acknowledged, a right-of-way and easement fifty (50) feet in width
for the purposes of laying, constructing, maintaining, operating, repairing,
altering, inspecting, replacing, removing, and/or changing the size of, one
or more pipelines (with valves, meters, fittings, appliances, and related
facilities) for the transportation of gas over, through, under and across the
following described land situated in the County of Garfield, State of
Colorado, to -wit:
A strip of land being 50.00 feet wide situated in Lot 6 and the NW4SE;,
Section 33, Township 7 South, Range 87 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado; said strip of land being more
particularly described as paralleling and adjoining the northerly right-of-
way line of the existing Highway No. 82, and lying westerly of the
Garfield/Eagle County line and lying easterly of that property described in
Reception No. 309280 (Colorado -Ute Property); said strip of land contains
1.283 acres, more or less.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands of the GRANTORS to and from said right-of-way and
easement.
GRANTORS hereby warrant and agree to defend the title to the above-described
premises. GRANTORS shall have the use of such right-of-way and easement
except for any use which conflicts with the purposes for which this right-of-
way and easement is granted; accordingly, GRANTORS shall not build nor permit
to be built or constructed any building or other structure over and across
said right-of-way and easement; provided, however, the terms "building" or
"structure" shall not be interpreted to include growing crops, fences, or
roadways built perpendicular to and allowed to exist over and across said
right-of-way and easement. GRANTEE will also allow a road to be built within
said easement; provided, however, said road shall have a dirt or gravel
surface. No hard -surfaced material may be applied to the surface. Said road
must parallel and adjoin the north right-of-way line of the pipeline easement
and have a width not to exceed 20 feet.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operatiois
hereunder, said damage, if not mutually agreed upon, to be ascertainediby
three disinterested persons, one to be appointed by the GRANTORS, one by
GRANTEE, and the third by the two persons aforesaid, and the written award; of
said three persons, or any two of them, shall be final and conclusive.
GRANTEE further agrees to (i) place a minimum of six (6) inches of topsoil on
all areas disturbed by the pipeline construction, (ii) compact the soilliri
the pipeline trench, including recompaction of the trench if necessaryin
order for irrigation water to pass over the trench, and (iii) repair any
damage, caused by its pipeline construction, to ditches and roads.
GRANTEE agrees that no above ground structures will be installed within;the
easement except for the following (i) equipment associated with gas servibe
1 of 2 -" O
710
I
PnoK 823 ncE931
to the property, (ii) cathodic test stations, and (iii) pipeline markers.
GRANTORS collectively shall have the right to one tap to a pipeline to be
installed on the subject property; provided that GRANTORS shall pay the
customary charges for said use and be subject to regulations in effect at the
time of such request. One or more customers may connect to the one tap so
long as volumetric capacity permits such connections but subject to customary
charges for each connection and regulations in effect at the time of each
such request.
This grant covers all of the agreements between the parties and no
representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns.
IN WITNESS WHEREOF GR4N TORS have executed this Right -of -Way and Easement
this /g day of 7"e 7 , 1992.
STATE OF
COUNTY OF
(7744J
ss.
1
obert Arnold
Gloria H. Arnold
The f regoing inst u ept was acknowledged before me by Qga}? / 1' lit nJC
--- (j c AC A,d this (g day of February, 1992.
My commission expires /o2-(xf (g
•
f---7/;::*)
r� Notary Public
Address:
2 of 2
( 2,Z.7 f�- Sf -e r—
e( $ 2 C r FA\
W.O. #08307-04
h'
RECORDED AT l/a=f O'CLOCK '4 M. FEB 11 1992
REC A 43157E MILDRED ALSDORF, COUNTY C' c.RK
RIGHT-OF-WAY AND EASEMENT
800K 823 mE436
Bradley L. Black & Renee' Allee Black (H&W) of 57 Arlian Road, Carbondale, CO
81623, GRANTORS, do hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS
COMPANY, a Colorado Corporation, GRANTEE, for the sum of ten and no/100
($10.00) Dollars, and other valuable consideration, the receipt and adequacy
of which is hereby acknowledged, a right-of-way and easement fifty (50) feet
in width for the purposes of laying, constructing, maintaining, operating,
repairing, altering, inspecting, replacing, removing, and/or changing the
size of, one or more pipelines (with valves, meters, fittings, appliances,
and related facilities) for the transportation of gas over, through, under
and across the following described land situated in the County of Garfield,
State of Colorado, to -wit:
The Easterly fifty foot of a tract of land situated in the NW4SEi of Section
33, Township 7 South, Range 87 West of the 6th P.M., and also in Lot 6, of
said Section 33, Garfield County, Colorado, lying Westerly of the Easterly
boundary line of Garfield County Colorado and Southerly of the Southerly
right-of-way line of Colorado State Highway No. 82, said Tract of land being
more particularly described as follows:
Beginning at a point whence a brass cap found in place and properly marked
for the Southeast Corner of said Section 33 bears S.01°15'00"W. 456.86 feet
and S.73°31'11"E. 3151.35 feet; thence N.01°15'00"E. 396.44 feet, to a point
on the Southerly right-of-way line of said State Highway No. 82; thence
S.72°10'33"E. 603.73 feet along the Southerly right-of-way line of said State
Highway No. 82 to a point on said Easterly boundary line of Garfield County,
Colorado; thence S.00°00'20"W. 215.44 feet along said Easterly boundary line
of Garfield County, Colorado; thence N.89°37'00"W. 583.39 feet to the point
of beginning.
EXCEPT THAT parcel of land described in Document recorded February 9, 1981 in
Book 565 at Page 170 as Reception No. 311829.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands and roads existing on the lands of the GRANTORS to and
from said right-of-way and easement.
GRANTORS hereby warrants and agrees to defend the title to the above-
described premises. GRANTORS shall have the use of such right-of-way and
easement except for any use which conflicts with the purposes for which this
right-of-way and easement is granted; accordingly, GRANTORS shall not build
nor permit to be built or constructed any building or other structure over
and across said right-of-way and easement; provided, however, the terms
"building" or "structure" shall not be interpreted to include growing crops,
fences, trees or shrubbery.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said damage, if not mutually agreed upon, to be ascertained by
three disinterested persons, one to be appointed by the GRANTORS, one, by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
1 of 2
BOOK 823 NME437
.This, grant covers al of the agreements betw .i the parties and no
-representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns.
IN WITNESS WHEREOF, GRANTORS have executed this Right -of -Way and Easement
this 30A1 day of , 1992.
STATE OF (b I::)(c.a
COUNTY OF G is
SS.
Bradley L. Black
XL
/1741,
Renee' Allee
Black
The foregoing in trument was acknowledged before me by • 5tao1 (-'f l L, /fc
p4e4 �(f� e /SCi( this - t day of . J nrtu cry 1992.
My commission expires /pZPCp/9.3
--16-t-�P
Notary ublic
Address: s. ( c,2714' s fr-edit—
2 of 2
G(,1.4‘,Dcc...t. c� �/ (
W.O. #80602-00
P€COFDED AT IId0-52—;'CLJC< 11—."'. AUG 7 199x.
nEC ;: 426162 IL)RE) AL:)CRF, COU'ITY CL_RV
RIGHT-OF-WAY AND EASEMEN.
BOOK 810 PaCE451
Edson Harris and Mary Harris, Husband and Wife, of 17897 Highway 82,
Carbondale, CO 81623, GRANTORS, do hereby sell and convey to ROCKY MOUNTAIN
NATURAL GAS COMPANY, a Colorado Corporation, GRANTEE, for the sum of ten and
no/100 ($10.00) Dollars, and other valuable consideration, the receipt and
lot adequacy of which is hereby acknowledged, a right-of-way and easement fifty
(50) feet in width for the purposes of laying, constructing, maintaining,
operating, repairing, altering, inspecting, replacing, removing, and/or
changing the size of, one or more pipelines (with valves, meters, fittings,
appliances, and related facilities) for the transportation of gas over,
through, under and across the following described land situated in the County
of Garfield, State of Colorado, to -wit:
A tract of land situated in NW;SE; of Section 33, Township 7 South, Range 87
West of the 6th P.M. and also in Lots 6 and 9 of said Section 33, Garfield
County, Colorado and lying westerly of the easterly boundary line of Garfield
County, said tract of land being more particularly described as follows:
Beginning at a point on the Southerly line of said Lot 6 whence a brass cap
found in place and properly marked for the Southeast Corner of said Section
33 bears S. 73°31'11" E. 3151.35 feet; thence N. 01°15'00" E. 456.86 feet;
thence S. 89°37'00" E. 583.39 feet to a point on said easterly boundary line
of Garfield County, Colorado; thence S. 00°00'20" W. 456.82 feet along said
easterly boundary line of Garfield County to a point on the southerly line of
said Lot 9; thence N. 89°37'00" W. 593.32 feet along the southerly lines of
said Lots 9 and 6 to the point of beginning.
GRANTEE shall have the right and option to select the route and location of
said right-of-way and easement and the center line thereof shall be shown on
a plat or map filed for record by GRANTEE with the Clerk and Recorder of the
County in which such land is situated within ninety (90) days after
completion of construction of the first such pipeline.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands and other lands of the GRANTORS to and from said right-
of-way and easement.
GRANTORS hereby warrant and agree to defend the title to the above-described
premises. GRANTOR shall have the use of such right-of-way and easement except
for any use which conflicts with the purposes for which this right-of-way and
easement is granted; provided, however, GRANTORS shall not build or construct
nor permit to be built or constructed any building or other improvement over
or across said right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said damage, if not mutually agreed upon, to be ascertained by
three disinterested persons, one to be appointed by the GRANTORS, one by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
This grant covers all of the agreements between the parties and no
representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
-
1
Th2',s easement and right Jf-way g y and all provisions
benefit of and be binding upon the parties, their
IN WIT1ESS WHEREOF, RANTORS have executed this
this day of , 1991.
AP
STATE OF
( ibffd c
)
COUNTY OF Q4]-470.1
)
ss.
BOOK 810 PAGE452
1.reof shall inure to the
successors and assigns.
Right -of -Way and Easement
;/ tr-
//t7(/(A5M__
Edson Harris
Mary Harris
BE IT REMEMBERED that on this CSS day of Ac.4 4.S , 1991, before me,
a notary public in and fDA the county and state aforesaid, personally
appeared the above-named C -- /y �fcrr: e
who Q personally known to me and known to me to'be the same person.a who
executed the foregoing instrument and such person .5 duly acknowledged the
execution of the same and acknowledged said instrument to be
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notarial
seal the day and year last above written.
My Commission Expires:
Notary Public
W.O. #80602-00
7
FEC 3RDED AT l a3 O' CLOC;C'P .,41. AUG 9 1991
REC r 'iI! DRED ALSDutr. C3UNTY
RIGHT-OF-WAY AND EASEMEN_
BnoK 810 P:GE ;'54
Jeanie A. Renchard and Gene Adcock, of P.O. Box 9296, Basalt, CO 81621,
GRANTORS, do hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, a
Colorado Corporation, GRANTEE, for the sum of ten and no/100 ($10.00)
Dollars, and other valuable consideration, the receipt and adequacy of which
is hereby acknowledged, a right-of-way and easement fifty (50) feet in width
for the purposes of laying, constructing, maintaining, operating, repairing,
altering, inspecting, replacing, removing, and/or changing the size of, one
or more pipelines (with valves, meters, fittings, appliances, and related
facilities) for the transportation of gas over, through, under and across the
following described land situated in the County of Garfield, State of
Colorado, to -wit:
A tract of land situated in Lot 11 of Section 33, Township 7 South, Range 87
West of the 6th P.M., Garfield County, Colorado and lying westerly of and
adjacent to the easterly boundary line of said Garfield County, southerly of
and adjacent to the northerly boundary line of said Lot 11 and easterly of
and adjacent to the westerly boundary line of said Lot 11, said tract of land
being more particularly described as follows: Beginning at a point on the
Easterly boundary line of said Garfield County whence a brass cap found in
place and properly marked for the Southeast Corner of said Section 33 bears
S. 85°12'26" E. 2437.17 feet; thence N. 60°25'00" W. 12.80 feet; thence N.
53°05'00" W. 385.05 feet to a point on said westerly boundary line of said
Lot 11; thence N. 00°40'30" E. 450.70. feet along said westerly boundary line
to the Northwest Corner of said Lot 11; thence S. 89°37'00" E. 313.75 feet
along the northerly boundary line of said Lot 11 to a point on the easterly
boundary line of said Garfield County; thence S. 00°00'20" W. 686.19 feet
along said easterly boundary line to the point of beginning.
GRANTEE shall have tlhe right and option to select the route and location of
said right-of-way and easement and the center line thereof shall be shown on
a plat or map filed for record by GRANTEE with the Clerk and Recorder of the
County in which such land is situated within ninety (90) days after
completion of construction of the first such pipeline.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands and other lands of the GRANTORS to and from said right-
of-way and easement.
GRANTORS hereby warrant and agree to defend the title to the above-described
premises. GRANTORS shall have the use of such right-of-way and easement
except for any use which conflicts with the purposes for which this right-of-
way and easement is granted; provided, however, GRANTORS shall not build or
construct nor permit to be built or constructed any building or other
improvement over or across said right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said damage, if not mutually agreed upon, to be ascertained by
three disinterested persons, one to be appointed by the GRANTORS, one by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
This grant covers all of the agreements between the parties and no
1
9
• 4,
'rQpresentations or sta__ments, verbal or written, ,.ave been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns.
IN WITNESS WHEREOF, GRANTORS have executed this Right -of -Way and Easement
this q' day of , 1991.
BOOK 8_i0 nu.755
STATE OF
COUNTY OF
ss.
CiA . Cot W.- ilffillawitailMaillat_
7(akit RnaA
J'*n:L 4. R.tnc1-7f ILLI 1312-
BE
vl2
BE IT REMEMBERED that on this day of � , 1991, before me,
a notary public in and for theounty and state afores id, personally
appeared the above-named G',�-�e /44C oc,e `I ea-:-(.
who G.fL_ personally known to me and known to me to be the same person$' who
executed the foregoing instrument and such personq duly acknowledged the
execution of the same and acknowledged said instrument to be -1i5417--
voluntary
j-Q;�voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notarial
seal the day and year last above written.
My Commission Expires:
/A /2 Lp
•
7
/l
Notary Public
W.O. #80602-00
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