HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
4116 3 10 UUC
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
A Street Address / General Location of Property: Plateau tops East and West of
Parachute Canyon and County Road 215.
> Legal Description: Townships 5 and 6 South, Ranges 95, 96, 97 West, 6th
Principal Meridian, Garfield County, CO.
A Existing Use & Size of Property in acres: Open rangeland, natural gas development
A Description of Special Use Requested: Temporary Mobile Hom^s quarters for
natural gas workers.
➢ Zone District: Resource Lands (R/L)
A Name of Property Owner (Applicant): Berry Petroleum Company
> Address:950 17th Street, Suite 2400 Telephone: 303-825-3344
> City: Denver State: CO Zip Code: 80202 FAX:303-825-3350
> Name of Owner's Representative, if any (Attorney, Planner, etc):
A Address: Telephone:
> City: State: Zip Code: FAX:
STAFF USE ONLY
A Doc. No.: Date Submitted: TC Date:
A Planner: Hearing Date:
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c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is correct a d accurate to the best of my knowledge. 0
(Signature of applicant/owner) Last Revised: 02/2006
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Berry Petroleum Company
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for special use permit
for temporary mobile home quarters (hereinafter, THE PROJECT).
2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT 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.
APPLICANT
Signature
Date: S/2,1/N'
Print Name
Mailing Address: 950 17th Street
Suite 2400 Denver, CO
80202
• 10/2004
Page 4
• APPLICATION FOR SPECIAL USE PERMIT
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GARFIELD COUNTY, COLORADO
TEMPORARY MOBILE HOME QUARTERS
FOR NATURAL GAS WORKERS
PICEANCE BASIN NATURAL GAS OPERATIONS
AUGUST 2006
SUBMITTED BY
BERRY PETROLEUM COMPANY
•
APPLICATION FOR SPECIAL USE PERMIT:
TEMPORARY MOBILE HOME QUARTERS
FOR NATURAL GAS WORKERS
TABLE OF CONTENTS
1.0 DESCRIPTION AND SPECIFICATIONS FOR THE PROPOSED
SPECIAL USE
1.1 Introduction
1.2 Project Location
1.3 Site Plan Description
1.4 Hours of Operation
1.5 Site Access and Anticipated Vehicle Traffic
1.6 Emergency Response
2.0 WATER USE AND WASTEWATER DISPOSAL
3.0 SITE PLAN
• 4.0 VICINITY MAP
5.0 GARFIELD COUNTY ASSESSOR'S MAP
5.1 Mitigation of Impacts to Adjacent Landowners and Other Land Uses
6.0 DEED AND LEGAL DESCRIPTION OF PROPERTY
7.0 ZONING REGULATIONS
Attachment 1
Attachment 2
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ATTACHMENTS
Garfield County Assessor's Maps
Assignments of Mineral Leases
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APPLICATION FOR SPECIAL USE PERMIT:
TEMPORARY MOBILE HOME QUARTERS
FOR NATURAL GAS WORKERS
1.0 DESCRIPTION AND SPECIFICATIONS FOR THE PROPOSED
SPECIAL USE
1.1 Introduction
This Application for a Special Use Permit is being submitted by Berry Petroleum
Company in support of its Parachute Canyon natural gas operations, located west and east
of upper Parachute Canyon (Figure 1). In brief, Berry Petroleum proposes to install two
temporary mobile home quarters, each providing housing accommodations for up to 24
drilling and completion personnel during their seven day work rotations. One mobile
home quarters is proposed for the west side of Berry's operations, the second is proposed
to serve the east side of Berry's operations. The temporary mobile home quarters would
consist of five connected mobile home buildings that would feature up to 12 bedrooms
and centralized kitchen, dining, laundry, and bathroom facilities.
Presently, employees work 12 hour shifts for 7 successive days, after which the crews
rotate and workers are off for 7 days. The proposed mobile home quarters will house
working crews during their 7 -day work weeks, thereby substantially reducing daily
vehicle trips up and down the mountain. One-way travel times between the Town of
Parachute and Berry's working locations are as great as two hours. The proposed
temporary mobile home quarters will provide tired staff a safe alternative to driving down
the mountain to housing in Parachute, Rifle, DeBeque, or elsewhere after their 12 hour
shifts are complete. At the end of each 7 -day work week, crews would rotate and would
return to their housing accommodations in the local communities or elsewhere for their 7
days off.
1.2 Project Location
Berry is drilling and operating natural gas wells on the plateaus on the east and west sides
of Parachute Canyon in Townships 5 and 6 South, Ranges 95, 96, and 97 West of the 6th
Principal Meridian in Garfield County, Colorado. Berry's acreage block on the west side
of Parachute Canyon is on lands owned by Chevron Shale Oil Company (Chevron) and
comprises 6,314 acres. Berry's acreage block on the east side of Parachute Canyon is on
lands owned by EnCana Oil & Gas, USA (EnCana) and comprises 4,300 acres. Figure 2
provides a map of Berry's acreage blocks and existing and likely future well pad
locations.
The proposed temporary mobile home quarters would be located on existing well pads
adjacent to or in close proximity to active drilling locations. The mobile home quarters
would be temporary and would relocate as drill rigs and completion operations are
relocated elsewhere in the project area. The goal is to provide temporary housing quarters
close to the active working areas to minimize commuting distances and traffic on
• regional roads.
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1.3 Site Plan Description
Berry is proposing to install two temporary mobile home quarters; one in its eastern
acreage block on EnCana lands and one in its western acreage block, respectively. Each
of the mobile home quarters would be temporarily installed in a given location to serve
active drilling sites and then moved when the drill rigs move to other portions of Berry's
acreage blocks. Each mobile home quarters would feature five connected mobile home
buildings and has been sized to serve two to three drill rig crews.
Each of the proposed temporary mobile home quarters would consist of a group of five
interconnected mobile home buildings, in total measuring 60 feet by 54 feet (Photo 1).
The mobile home quarters would feature 12 bedrooms with a total of 24 beds. The mobile
home quarters would also include a wash room with showers and sinks, laundry facilities,
a kitchen and dining room (Photo 2), and a recreation room with satellite television
(Photo 3). The mobile home quarters would be provided by a contractor, Arctic Services,
a firm based in Anchorage, Alaska, with extensive experience in providing temporary
housing for remote resource extraction operations. Figure 3 provides a site plan showing
the proposed layout of the temporary mobile home quarters.
Electric power for the proposed temporary mobile home quarters would be provided by
diesel fueled electric generators. Potable water, bottled drinking water, and wastewater
removal would be transported by truck, as described in Section 2.0.
1.4 Hours of Operation
The proposed temporary mobile home quarters are scheduled to be in continuous
operation 24 hours per day, 365 days per year until drilling is completed on Berry's
acreage blocks.
1.5 Site Access and Anticipated Vehicle Traffic
Access to Berry's operations and the proposed temporary mobile home quarters on
Chevron lands is provided from the south via Interstate 70 to DeBeque, then Roan Creek
Road into Garfield County, Logan Wash Road up to the plateau and then unnamed access
roads to the project sites. From the north, the Chevron operations are accessed via
Piceance Creek Road (Rio Blanco County Road 5), then south on the Willow
Creek/MTW Road into Garfield County, then unnamed access roads to the well locations.
For winter drilling operations, all access to Chevron lands will be from the north on the
MTW road, which is not subject to winter timing limitations/closure. In 2007, the
Garden Gulch Road will be opened and will provide the primary route of access to the
Chevron lands. The Garden Gulch Road will be reached from County Road 215 in
Parachute Canyon.
Access to Berry's operations and the proposed temporary mobile home quarters on
EnCana lands is provided from the west via County Road 215 up Parachute Canyon to an
unnamed road that climbs Long Ridge. For lands in the vicinity of Old Mountain, which
will be developed starting in 2007, access will be via Piceance Creek Road (Rio Blanco
County Road 5), then south on Cow Creek Road (County Road 249) and west on Rim
Road (County Road 242), then further west on an unnamed access road across BLM and
private lands to the proposed Old Mountain well locations.
Vehicle traffic associated with each of the proposed temporary mobile home quarters will
include approximately 30 light pickup truck trips per day, as well as 6 large truck trips
per week for delivery of potable water and removal of wastewater. Removal of solid
waste/trash will require approximately two large truck trips per week.
1.6 Emergency Response
In order to ensure a safe and timely response to emergency situations, Berry will provide
the Garfield County Sheriff's Department, the local fire departments, and emergency
medical service providers with detailed maps showing the current locations of the
temporary mobile home quarters, detailed directions to them, and GPS coordinates to
facilitate timely response. Since the temporary mobile home quarters will be located
within active well fields, roads will be well-maintained and snow plowed in the winter to
facilitate vehicle access.
Each of the proposed temporary mobile home quarters will be equipped with a satellite
telephone to be used to contact emergency response services as needed. A list of
emergency contact numbers will be posted at each temporary mobile home quarters and
all personnel occupying the quarters will be informed as to use of the emergency contact
list and the satellite telephone to summon emergency responders.
In the case of medical emergencies, the type of action taken will depend on the severity
of the medical emergency. Should a life threatening medical emergency arise, Berry or its
contractors would summon St. Mary's Care Flight for helicopter response. Helicopter
landing sites will be established in close proximity to each temporary mobile home
quarters. The GPS location of these landing sites will be provided to both the Garfield
County Sheriffs Department and Care Flight. In the case of injuries or medical problems
that are not life threatening, the injured worker would either be transported down the
mountain in a company/contractor vehicle to the nearest medical center for treatment or
transported by ambulance summoned to the site.
With the temporary mobile home quarters, each bedroom, each furnace, the hallways, and
the kitchen will be equipped with smoke and heat detecting fire alarms. Fire alarm sirens
will be installed throughout the building to alert the occupants of a fire. Emergency
lighting will be installed to assist escape from the building should a fire occur and the
power fail. All occupants will be informed as to escape routes and fire extinguisher
locations. Each building will be equipped with eight fire extinguishers capable of
fighting A, B, and C-type fires. These fire extinguishers will be located in the hallways of
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the building, the kitchen, and in common areas of the facility. Fire extinguishers will be
mounted on the walls in easily visible locations a maximum of 60 feet apart. Since the
proposed temporary mobile home quarters will be placed on cleared natural gas well
pads, the risk of wildfires would be minimal. Smoking will only be permitted in
designated areas adjacent to the mobile home quarters. No smoking will be permitted
near operating natural gas production equipment or condensate tanks.
Photo 1. Exterior of Temporary Mobile Home
uarters.
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Photo 2. Dining Room.
Photo 3. Lounge Area with Television.
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2.0 WATER USE AND WASTEWATER DISPOSAL
The water supply for each of Berry Petroleum's temporary mobile home quarters will
consist of approximately 17,500 gallons of municipal potable water per week to be
delivered by a licensed contractor (Artesian Water Services), as needed for washing and
toilet consumption. This equates to 500 gallons per mobile home unit per day and should
be more than adequate to serve the workers residing in the proposed mobile home
quarters. Potable water will be obtained from a municipal source and will meet Colorado
Department of Public Health and Environment standards for public water supplies.
Potable water will be stored in a 12,000 gallon weather-proof, insulated holding tank to
prevent freezing and piped to the internal plumbing system of the mobile home quarters.
Potable water will be pressurized by a pump that will deliver water at a pressure of 50 to
60 pounds per square inch to all fixtures in the housing quarters. Drinking water will be
supplied by a vendor in 5 gallon bottles, delivered in quantities of about 20 per week or
as needed. Water deliveries will be via maintained county and well field access roads
that will be kept open on a year-round basis. No well water will be required for the
project's duration.
Wastewater will be temporarily stored in a 6,000 gallon weather proof holding tank at
each mobile home quarters. The holding tank will be pumped by vacuum trucks (Down
Valley Septic) approximately twice per week to maintain ample storage capacity and the
waste water will be disposed of (as appropriate) in a county landfill.
3.0 SITE PLAN
Figure 3 depicts the layout of a temporary mobile home quarters, including the location
of bedrooms, centralized kitchen and dining facilities, wash room, recreation area, and
location of utilities. Figure 4 provides a diagram showing where the temporary mobile
home quarters would typically be located on natural gas well pads. There are no State or
county roads within one mile of Berry's acreage blocks and associated mobile home
quarters locations.
4.0 VICINITY MAP
Figure 2 depicts the location of Berry's operations in relation to nearby roadways on a
USGS topographic map. The proposed mobile home quarters would be installed on
natural gas well pads, which are generally flat to very gently sloping.
5.0 GARFIELD COUNTY ASSESSOR'S MAPS
Copies of the Garfield County Assessor's Maps for Berry's acreage blocks are included
with this application as Attachment 1. Berry's entire acreage blocks are covered, since
the proposed temporary mobile home quarters could be relocated to numerous places
over the life of Berry's operations on those acreage blocks. A list of adjacent property
owners or those within 200 feet of Berry's acreage blocks is provided below in Table 1.
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All mineral rights on Berry's western acreage block are owned by Chevron Shale Oil
Company and leased by Berry. All mineral rights on Berry's eastern acreage block are
owned by EnCana Oil & Gas, USA, and leased by Berry. Copies of Berry's mineral
lease agreements with Chevron and EnCana are provided in Attachment 2. Note: at the
time the mineral lease with Chevron was assigned, Berry Petroleum Company was doing
business as Piceance Operating Company, LLC.
Table 1. Landowners Adjacent to or within 200 Feet of Berry Petroleum Company's
Piceance Basin Acreage Blocks.
Lot Number
Name of Owner
Address
2169-272-00017
Albertson Ranches Co.
PO Box 420
De Beque, CO 81630
2171-053-00951
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2171-081-00952
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2171-213-00955
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2171-194-00954
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2135-343-00957
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2135-343-00957
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2135-184-00956
Bureau of Land Management
PO Box 1009
Glenwood Spgs., CO 81602
2171-182-00008
Chevron USA Inc.
PO Box 285
Houston, TX 77001
2169-122-00012
Chevron USA Inc.
PO Box 285
Houston, TX 77001
2135-334-00010
Chevron USA Inc.
PO Box 285
Houston, TX 77001
2135-291-00008
Chevron USA Inc.
PO Box 285
Houston, TX 77001
2137-153-00009
Chevron USA Inc.
PO Box 285
Houston, TX 77001
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2135-273-00015
EnCana Oil & Gas (USA) c/o
Logan & Firmine, Inc.
333 W. Hampden Ave, #140
Englewood, CO 80110
2171-041-00021
EnCana Oil & Gas (USA) c/o
Logan & Firmine, Inc.
333 W. Hampden Ave, #140
Englewood, CO 80110
2133-084-00006
Exxon Mobil Corp.
PO Box 53
Houston, TX 77001-0053
2171-123-00003
Exxon Mobil Corp.
PO Box 53
Houston, TX 77001-0053
2169-101-00020
Koehler, Donna J
PO Box 300
De Beque, CO 81630
2169-022-00019
Koehler, Donna J
PO Box 300
De Beque, CO 81630
2169-044-00003
Latham, Charles & Thomas
PO Box 66
De Beque, CO 81630
2169-011-00001
Latham, Charles & Thomas
PO Box 66
De Beque, CO 81630
2135-321-00009
Latham, Charles & Thomas
PO Box 66
De Beque, CO 81630
2169-214-00026
Oxy USA Inc.
PO Box 27570
Houston, TX 77227
2169-114-00011
Petroleum Development
Corporation
PO Box 26
Bridgeport, WV 26330
2411-013-00001
Puckett Land Company
5460 S Quebec St Ste. 250
Greenwood Vlg, CO 80111
2411-041-00002
Puckett Land Company
5460 S Quebec St Ste. 250
Greenwood Vlg, CO 80111
2169-141-00022
Savage Limited Partnership I
5953 County Road 320
Rifle, CO 81650
2133-231-00958
U. S. Naval Oil Shale Reserve
2131-201-00951
U. S. Naval Oil Shale Reserve
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5.1 Mitigation of Impacts to Adjacent Landowners and Other Land Uses
In general, the siting of temporary mobile home quarters will carefully consider adjacent
landowners and other land uses. The proposed temporary mobile home quarters would
be located in remote portions of Garfield County, in rural areas used for livestock grazing
and natural gas production. There are no occupied residences or sensitive land uses, such
as schools, in close proximity to Berry's operations.
The temporary mobile home quarters would be installed on large tracts of private land
owned by Chevron Shale Oil Company and EnCana Oil & Gas (USA), Inc. Since the
temporary housing quarters would be located on existing natural gas well pads, no new
surface disturbance would be generated as a result of their installation and no additional
impacts to cattle grazing are anticipated. Since the proposed temporary housing quarters
would reduce daily commuting activity, the risk of vehicle -livestock collisions would be
decreased.
Additional measures that will be taken to reduce impacts to adjacent landowners include:
• To the extent practical, temporary mobile home quarters will be sited on portions
of well pads naturally shielded from view so they are less visible to adjacent
properties;
• No alcohol or illegal drugs will be tolerated at any time in these facilities;
• Guns and other weapons will be prohibited;
• Open fires and smoking outside of designated areas will be prohibited to
minimize the risk of wildfires;
• Compliance with all posted speed limits on access roads will be required or speed
will be limited to 25 mph on roads not posted;
• No pets will be allowed in the temporary mobile home quarters; and
• Bear -proof trash receptacles and good housekeeping practices will be
implemented to prevent animal nuisance issues.
6.0 DEED AND LEGAL DESCRIPTION OF THE PROPERTY
Berry Petroleum Company has leased mineral rights owned by Chevron and EnCana.
Copies of the assignments of these mineral leases are included with this application as
Attachment 2. The following is a legal description of all of the lands leased by Berry
from Chevron and EnCana.
Township 5 South, Range 95 West, 6th P.M., Garfield County, Colorado
Section 15: S/2, S/2N/2
Section 16: Those portions of the SE/4SW/4, S/2SE/4, NE/4SE/4, SE/4NE/4 and
NE/4NE/4 lying south of the southernmost Mahogany marker as it existed on September
9, 1970
Section 21: N/2
Section 22: N/2NW/4, NE/4
Section 32: S/2
• Section 33: S/2
Section 34: S/2, NW/4
Township 6 South, Range 96 West, 6th P.M., Garfield County, Colorado
Section 1: Lots 3, 4, 9, 10, 11, & 12
Section 2: Lots 1, 2, 7, 8, 9, 10, & SE/4
Section 3: Lots 1, 2, 7, 8, 9, 10, & SE/4
Section 5: Lots 3, 4, 5, 6, 11, 12, 15, & 18
Section 6: Lots 3, 4, 5, 6, 11, 12, 13, 14, 17, 18, SW/4SE/4, & NW/4SE/4
Section 10: Lots 1, 2, NE/4, and E/2NW/4
Section 15: W/2, W/2E/2
Section 18: Lots 3, 4, W/2SE/4, & NW/4
Section 21: NE/4
Township 5 South, Range 96 West, 6th P.M., Garfield County, Colorado
Section 19: Lot 1, S/2SE/4, & N/2SE/4
Section 20: NW/4 & SE/4
Section 29: W/2NW/4, E/2NW/4, N/2SE/4, & S/2SE/4
Section 30: Lots 1 & 2, S/2SE/4, & N/2SE/4
Section 31: Lots 1 & 2, S/2SE/4, & N/2SE/4
Section 32: N/2NW/4, S/2NW/4, S/2SE/4, & N/2SE/4
Section 33: S/2NW/4, NW/4NW/4, S/2NW/4, S/2SE/4, & N/2SE/4
Section 35: S/2SW/4 & N/2SW/4
Section 36: N/2SW/4 & S/2SW/4
Township 6 South, Range 97 West, 6th P.M., Garfield County, Colorado
Section 1: Lots 9, 10, 15, 16, 19, 20, & SE/4
Section 2: Lots 9, 10, 15, 16, 21, 22, & SE/4
Section 11: NW/4 & SE/4
Section 12: NW/4
Section 13: NW/4 & SE/4
Section 14: SE/4
Section 21: NW/4 & SE/4
Section 22: SE/4 & NW/4
Section 28: NE/4NW/4, S/2NW/4, NW/4NW/4, & SE/4
Section 33: Lots 3 &4
Section 34: Lots 3 & 4
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7.0 ZONING REGULATIONS
The following is a discussion of how the proposed special use would comply with
relevant standards outlined in the Garfield County Zoning Resolution.
Section 5.03 Conditional and Special Uses
1) Utilities. It is Berry Petroleum Company's intention to provide adequate utility and
sanitation services to the proposed temporary mobile home quarters based on sound
engineering practices and to the satisfaction of Garfield County. Roads used by
contractors to deliver potable water, propane, and generator fuel and to remove waste
water and trash will be well field roads actively used by Berry and will be adequately
maintained and snow plowed in the winter to assure reliable service.
a. Electricity at each mobile home quarters will be provided by an on-site 125 kilovolt
diesel fueled generator. Fuel for the generator will be delivered by one of Berry's fuel
supply contractors. The fuel tank associated with the generator will have secondary
containment to contain spills. Electrical connections associated with each generator will
be installed and maintained in accordance with national and Garfield County standards.
b. Potable water will be stored in a 12,000 gallon weather-proof, insulated holding tank to
prevent freezing and piped to the internal plumbing system of the mobile home quarters,
as described in Section 2.0. Estimated weekly potable water consumption is 17,500
gallons per mobile home quarters. Potable water will be delivered approximately twice
per week by a licensed contractor from a municipal source and will meet all CDPHE
requirements. Drinking water will be supplied by a vendor in 5 gallon bottles, delivered
in quantities of 20 per week, or as needed.
c. Sanitation — All trash and solid wastes generated at the proposed temporary mobile
home park would be stored in bear -proof containers. Solid waste would be hauled offsite
by a contract waste hauler to the nearest county landfill or transfer station.
d. Waste Water/Sewage — As described in Section 2.0, wastewater will be temporarily
stored in a 6,000 gallon weather proof holding tank at each mobile home quarters. The
holding tank will be pumped by vacuum trucks approximately twice per week to maintain
ample storage capacity, and the waste water will be disposed of (as appropriate) in the
county landfill.
2) Street Improvements/Road Access. Section 1.5 provides a description of the county
roads that would be used to access various portions of Berry's Piceance Basin operations.
From those county roads, access to individual well pads, including the temporary mobile
home quarters sites will be via Berry's maintained well field roads. Berry's well field
roads, well pads, and mobile home quarters sites will be on private property that is not
accessible by the public. Since the mobile home quarters are being proposed to provide
accommodations for workers close to active drilling locations, they would actually
generate a net decrease in traffic on roads, including Garfield County roads. Since the
proposal would reduce daily traffic on county roads, it would reduce the impact of
• Berry's operations on the Garfield County Road system.
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3) Impacts to Adjacent Landowners. The proposed temporary mobile home quarters
would be located in remote portions of Garfield County, in rural areas used for livestock
grazing and natural gas production. There are no occupied residences or sensitive land
uses, such as schools, in close proximity of Berry's operations. The temporary mobile
home quarters would be installed on large tracts of private land owned by Chevron Shale
Oil Company and EnCana Oil & Gas (USA), Inc. and would not be located within 200
feet of any adjacent property owner.
Section 5.02 Mobile Home Park and Camper Regulations
Given that the proposed temporary mobile home quarters would consist of consolidated
groups of mobile home buildings, and at the suggestion of the Garfield County Building
and Planning Department, the following is a discussion of how the proposed mobile
home quarters would comply with the Garfield County Zoning Resolution sections
related to mobile home parks:
5.02.05 Site Plan for Mobile Home Parks and Camper Park; General Requirements
1) The temporary mobile home quarters will be accessible via natural gas well field
roads to be used by the natural gas workers who will be working and staying there.
These well field roads are accessible by various Garfield County Roads as described in
Section 1.5. The temporary mobile home quarters will be located on existing well pads,
and sight distance on the roads serving them would be adequate to ensure safe access and
egress for its occupants. Figure 4 provides a well pad diagram illustrating where the
temporary mobile home quarters would be located.
2) The temporary mobile home quarters would be installed on approximately 3 -acre
natural gas well pads that would be gently sloped to provide adequate surface drainage.
3) Figure 3 provides a site plot plan depicting the layout of the proposed temporary
mobile home quarters. There are no commercial facilities or service buildings proposed
as part of the temporary mobile home quarters.
5.02.06 Site Requirements Applicable Only to Mobile Home Parks
1) The temporary mobile home quarters sites will be approximately three (3) acres in
size.
2) Since the proposed mobile home quarters each consist of one large consolidated
mobile home building, set backs between buildings do not apply to this proposal.
3) The proposed temporary mobile home quarters will be placed on natural gas well pads
approximately 3 acres in size, which will provide ample space for driveways and parking.
The well pads will be graded and constructed appropriately to handle the weight of
drilling equipment and will therefore be constructed to prevent shifting or settling of the
mobile home quarters.
4) The proposed mobile home quarters will be placed on large natural gas well pads with
an appropriately graded driveway serving the building. The mobile home quarters will
feature exterior lighting, including at the entrance/parking area, which will provide
residents adequate night visibility to assure safe entry and exit from the building.
5.02.08 Water Supply and Distribution; General Requirements
1) As described in Section 2.0, approximately 17,500 gallons per week of potable water
for up to 24 workers will be delivered to each mobile home quarters by a licensed
contractor (Artesian Water Services). The water will be purchased from a municipal
source and will meet the requirements of the Colorado Department of Public Health and
Environment. The water will be stored in an approximately 12,000 gallon holding tank
that will be connected by piping to serve the entire mobile home quarters.
2) The water supply plumbing of the mobile home quarters will be fully self-contained
and closed. There will be no opportunity for contamination from surface or underground
sources.
3) N/A.
4) Water Distribution System:
a. The central potable water holding tanks will be connected by plumbing to the
entire mobile home quarters for use in cooking, washing, laundry, and toilets.
b. All water piping, fixtures, and other equipment will meet state and local
regulations and requirements and be acceptable to the County Environmental
Health Officer.
c. Water pressure in the mobile home quarters will be between 50 and 60 pounds
per square inch.
d. A minimum horizontal separation of 10 feet will be maintained between
potable water lines and sewer lines. Potable water and wastewater storage will be
on opposite sides of the mobile home quarters.
e. There will be no underground stop or waste valves.
•
•
•
5.02.09 Water Supply and Distribution Requirements Applicable Only to Mobile Home
Parks
1) The proposed potable water system will provide approximately 17,500 gallons per
week per mobile home quarters, which equates to 500 gallons per day for each of the five
attached mobile home units.
2) The potable water system will be at least 3/4 inch in diameter and has been designed to
prevent freezing.
5.02.11 Fire Protection Requirements
Each bedroom, each furnace, the hallways, and the kitchen will be equipped with smoke
and heat detecting fire alarms. Fire alarm sirens will be installed throughout the building
to alert the occupants of a fire. Emergency lighting will be installed to assist escape from
the building should a fire occur and the power fail. All mobile home quarters occupants
will be informed as to escape routes and fire extinguisher locations. Each mobile home
quarters will be equipped with eight fire extinguishers capable of fighting A, B, and C-
type fires. These fire extinguishers will be located in the hallways of the building, the
kitchen, and in common areas of the facility. Fire extinguishers will be mounted on the
walls in easily visible locations a maximum of 60 feet apart.
Each mobile home quarters will also be equipped with a satellite telephone to provide
communication with emergency response authorities. Fire protection service providers,
emergency medical services, and the County Sheriffs office will be provided detailed
maps showing the current locations of the temporary mobile home quarters, detailed
directions to them, and GPS coordinates to facilitate timely response. Residents will be
informed as to the potential for wildfires and no open fires will be permitted at the
proposed mobile home quarters. Smoking will only be permitted in designated areas near
the quarters and away from brush and other native vegetation.
5.02.13 Sewage Disposal; General Requirements
As described in Section 2.0, wastewater generated by the proposed mobile home quarters
will be stored in a 6,000 gallon weather proof holding tank. The holding tank will be
pumped by a licensed contractor (Down Valley Septic) at least twice per week to
maintain ample storage capacity. The wastewater will be disposed of (as appropriate) in
the county landfill.
1) A minimum horizontal separation of 10 feet will be maintained between potable
water lines and sewer lines. Potable water and wastewater storage will be on opposite
sides of the mobile home quarters.
2) All sewer lines and disposal facilities will be approved by the Environmental
Health Officer.
•
All wastewater will be drained into the wastewater holding tank. No wastewater
generated by the proposed mobile home quarters will be discharged into waters of the
State or on the ground.
5.02.14 Sewage Disposal (Mobile Homes only)
N/A. Since wastewater will be piped from the mobile home quarters directly into a
holding tank, there will be no buried sewer lines or riser pipes.
5.02.16 Electrical Distribution and Communication Wiring
All wiring, fixtures, equipment and appurtenances will be installed in accordance with the
USA Standard "National Electrical Code, 1971" and subsequent amendments. Given the
remote location of Berry's natural gas operations, utility services are no available. The
proposed temporary mobile home quarters would be self-contained for utilities.
Electricity will be generated by an on-site diesel -fueled 125 -kV generator. Generator fuel
will be delivered by one of Berry's fuel supply contractors.
5.02.17 Service Buildings; General Requirements
N/A. There will be no service buildings associated with the proposed temporary mobile
home quarters.
• 5.02.19 Supervision; General Requirements
1) The temporary mobile home quarters will be staffed with a site manager, who will be
responsible for maintaining them in a clean and sanitary condition.
2) Berry Petroleum Company will take responsibility for any violations of applicable
county and state regulations. Mobile home quarters residents will be made aware of
applicable laws and regulations.
3) As stated under Section 5.03, all trash and solid wastes generated at the proposed
temporary mobile home quarters would be stored in bear -proof dumpsters/canisters. Solid
waste would be hauled offsite by a contract waste hauler to the nearest county landfill or
transfer station.
4) If necessary, exterminators or appropriate pest control services will be used to address
rodent or insect infestations in accordance with the requirements of the County
Environmental Health Officer and the Colorado Department of Public Health and
Environment.
5) No pets will be permitted at the proposed temporary mobile home quarters.
•
•
•
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Temporary Mobile Home
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24 Bed Capacity
LEGEND
EX Emergency Exit
F Furnace
FSS Fire Safety System
Arlik
FX Fire Extinguisher
ST Steam Table
Berry Petroleum Company
SB Salad Bar
HW Hot Water Heater
P Water Pump
Figure 3
Temporary Mobile Home
Quarters Site Plan
BERRY PETROLEUM COMPANY
TYPICAL RIG LAYOUT
WELL PAD (LONG RIDGE MI 5)
❑ TOILET
TRA- CK
TRASH
0
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TOOLS
POWER
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HOUSE
Well LR05D
Well LR06B
Well LR/20
Wel/ LR/J8
Well LRi 3D
Temporary
Mobil Home
Quarters
Entrance
PROPOSED ACCESS ROAD
SURVEYED BY: K.S.
DATE SURVEYED: 07-21-06
DRAWN BY: D.COX
SCALE: 1" = 60'
DAT! DRAWN: 07-26-06
REVISED:
fTri State (435) 781-2501
Land, Surveying, Inc.
1.J 180 NORTH VERNAL AVE VERNAL. UTAH 84078
45"
C. LRO4A
DATA
119' OI 31'
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Berry Petroleum Company
Figure 4
Location of Temporary
Quarters on Well Pad
'111111111111 1111111 111 IIIII 11111 1111111111 111111111IIII
693385 03/03/2006 02:07P B1776 P865 M ALSDORF
1 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
GARFIELD COUNTY, COLORADO
ASSIGNMENT, BILL OF SALE AND CONVEYANCE
PICEANCE GAS RESOURCES, LLC TO
PICEANCE OPERATING COMPANY, LLC TETON PICEANCE LLC, PGR. PARTNERS, LLC
This Assignment, Bill of Sale and Conveyance ("Assignment"), dated effective February
-2S, 2006 at 12:00 a.m. Mountain Time (the "Effective Time"), is from Piceance Gas Resources,
LLC, 1675 Broadway, Suite 2000, Denver, CO 80202 ("PGR" or "Assignor") to the following
parties (collectively, "Assignees") in the following undivided percentages:
pp Piceance Operating Company, LLC 50%
.PQX "1 "3 5201 Truxtun Ave., Suite 300
Bakersfield, CA 93309-0640
Teton Piceance LLC
410 17th St., Suite 1850
Denver, CO 80202
PGR Partners, LLC
370 17th St., Suite 4300
Denver, CO 80202
• 25%
25%
For $100.00 and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains and conveys to
Assignees in the undivided percentages set forth above, all of Assignor's right, title and interest in
and to the following real and personal property interests (collectively, the "Assets"):
a. The oil and gas leases described in Exhibit "A" (the "Leases"), insofar as said
Leases cover the land described in Exhibit "A" (the "Land" or "Lands"), together with all the
property and rights incident thereto and the contracts and agreements relating to the Leases and
Lands, all operating agreements, balancing agreements, exploration agreements, farmout agreements,
service agreements, segregation agreements, surface use agreements, leases, permits, rights-of-way,
easements, licenses, declarations, orders, contracts, and instruments in any way relating to the
Leases;
b. The oil and gas wells located on the Lands, including the wells specifically
described on Exhibit "B" ( collectively, the "Wells"), together with all injection and disposal wells
on the Leases or Lands or on lands pooled or unitized therewith, and all personal property,
equipment, fixtures, improvements used in connection with the Wells and the production, gathering,
treatment, processing, storing, sale or disposal of hydrocarbons or water produced from the
properties and interests described in subsection a.;
c. The pooling and communitization agreements, declarations and orders, and all
other such agreements relating to the properties and interests described in subsections a. and b. and
to the production of hydrocarbons, if any, attributable to said properties and interests;
in YE. 13v�"
111111 11111 1111111 111 11111 11111 111111 1111
693385 03/03/2006 02 07P B1776 P866.M ALSDORF
2 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
d. All existing and effective sales, purchase, exchange, gathering, transportation and
processing contracts, and other contracts, agreements and instruments insofar as they relate to the
properties and interests described in subsections a. through c.; and
e. The oil, gas and water gathering, pipeline and transportation systems and all
personal property, equipment, fixtures, improvements, permits, rights-of-way, surface leases and
easements used in connection therewith and all contracts and agreements relating thereto.
TO HAVE AND TO HOLD the Assets unto Assignees and their successors and assigns
forever.
This Assignment is made subject to the following terms and conditions:.
1. This Assignment is being made in redemption of membership interest in Piceance Gas
Resources, LLC pursuant the agreement of the members of Piceance Gas Resources, LLC as set
forth in the LLC Operating Agreement dated February 14, 2005 (the "Agreement"). If there is a
conflict between the terms of this Assignment and the terms of the Agreement, the terms of the
Agreement shall control to the extent of the conflict. Assignor and. Assignees intend that the terms
of Agreement remain separate and distinct from and not merge into the terms of this Assignment.
2. ASSIGNOR WARRANTS TITLE TO THE ASSETS FROM AND AGAINST
ALL PERSONS CLAIMING BY, THROUGH AND UNDER ASSIGNOR, BUT NOT
OTHERWISE, AND EXCEPT FOR THAT WARRANTY, THIS ASSIGNMENT IS MADE
WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.
3. ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES ANY WARRANTY
AS TO THE CONDITION OF ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES
AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS,
INCLUDING (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY,
(ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, (iii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO
MODELS OR SAMPLES OF MATERIALS, (iv) ANY RIGHTS OF ASSIGNEES UNDER
APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, AND
(v) ANY CLAIM BY ASSIGNEES FOR DAMAGES BECAUSE OF DEFECTS, WHETHER
KNOWN OR UNKNOWN, IT BEING EXPRESSLY UNDERSTOOD BY ASSIGNEES
THAT SAID PERSONAL PROPERTY, FIXTURES, EQUIPMENT AND ITEMS ARE
BEING CONVEYED TO ASSIGNEES "AS IS, WHERE IS," WITH ALL FAULTS AND IN
THEIR PRESENT CONDITION AND STATE OF REPAIR.
4. To the extent permitted by law, Assignees shall be subrogated to Assignor's rights in
and to representations, warranties and covenants given with respect to the Assets. Assignor hereby
grants and transfers to Assignees, their successors and assigns, to the extent so transferable and
permitted by law, the benefit of and the right to enforce the covenants, representations and
warranties, if any, which Assignor is entitled to enforce with respect to the Assets, but only to the
extent not enforced by Assignor.
5. Assignees assume and agree to pay, perform, fulfill and discharge their respective
proportionate shares of all claims, costs, expenses, liabilities and obligations accruing or relating to
2
1111111 11111 1111111 111 11111 11111 1111111111 11111111
693385 03/03/2006 02 07P 81776 P867 M ALSDORF
3 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
the owning, developing, exploring, operating or maintaining of the Assets, and all obligations arising
under agreements covering or relating to the Assets.
6. The references herein to liens, encumbrances, burdens, defects and other matters shall
not be deemed to ratify or create any rights in third parties or merge with, modify or limit the rights
of Assignor or Assignees, as between themselves, as set forth in the Agreement or other documents
executed in connection therewith.
7. This Assignment binds and inures to the benefit of Assignor and Assignees and their
respective successors and assigns.
8. This Assignment may be executed in any number of counterparts, each of which shall
be deemed an original and all of which taken together shall constitute but one and the same
instrument.
EXECUTED on the dates contained in the acknowledgments of this Assignment, to be
effective for all purposes as of the Effective Time.
ASSIGNOR:
PICEANCE GAS RESO CES, LLC
By:
Daniel G. lanchard, Manager
ASSIGNEES:
PICEANCE OPERATING COMPANY, LLC
By: / , OR‘.cu,
Name: t c.. G • 1-14NC:r-1-'4g1�
Title: Tri?cccu{c...e. v t:4.t..
TETON PICEANCE LLC
BY ITS MANAGER, TETON ENERGY CORPORATION
By:
Name:
Title:
ARL F. HRL/=TN
'RES . tet- coo
PGR PARTNE
By:
Name: / i( u, -1a_:
Title: G ,t/46 72_
1111111111111111111 111 111111111111111111111111111111111
693385 03/03/2006 02:07P B1776 P868 M ALSDORF
4 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
ACKNOWLEDGEMENTS
The foregoing instrument was acknowledged before me this 21-11Hday of February, 2006, by
Daniel G. Blanchard as Manager of Piceance Gas Resources, LLC, a Colorado limited liability
company, on behalf of such company.
Witness my hand and official seal.
My Commission Expires: 1-31- Zoog
[seal]
SARAH J. MCCABE
NOTARY PUBLIC
STATE OF COLORADQ
My Commission Expires 1131/09
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
fc L IP, (-Calk
Notary Public'
Name: gAsepst4 McLAac
Address:
71
The foregoing instrument was acknowledged before me this , y 'day of February, 2006, by
kARL P ARtz'ixi , as f 3 s. t CEO of Teton Energy Corporation, manager of Teton
Piceance LLC, a Colorado limited liability company, on behalf of such company.
Witness my hand and official seal.
My Commission Expires: /- 31-2.109
[seal]
SARAH J. McCABE
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 1/31/09
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
.SNA AZ.1 `r,
Notary Pu is
Name: SA0gY1 J, hicensc
Address:
The foregoing instrument was acknowledged before me this zymday of February, 2006, by
DANIEL G. (3L►►N CMMAQb , as�XEC. VP of Piceance Operating Company, LLC, a
Colorado limited liability company, on behalf of such company.
Witness my hand and official seal.
My Commission Expires: v31- 2004
[seal]
SARAH J. MCCABE
NOTARY PUBLIC
STATE OF COLORADO
•My Commission Expires1/31/09
Notary Public
Name: &ilex}., T. MC mar
Address:
4
IIIIIIIIIII111111IIIIIIlI IIIII1111111IIIIIIIII►1►IIII
693385 03/03/2006 02:07P B1776 P869 M ALSDORF
5 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
)
) .ss
et f'regoing instrume t was acknowledged before me this ;,yrday of February, 2006, by
)0141 W , as JA -a Ahs PGR Partners, LLC, a Colorado limited liability
company, on behalf of such company.
Witness my hand and official seal.
My Commission Expires:
s
RUTH L. ELDER
al] NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 04/07/2009
No a Pubfgr/
Name: "--RkV L_ E UU
Address: 370 r7 nu
`D ov CR., Co c>
i Iola niu niiiii ni 11111 111111111111 111 11111 iia mi
693385 03/03/2006 02 07P B1776 P870 M ALSDORF
6 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
Exhibit "A"
Attached to and made a part of Assignment, Bill of Sale and Conveyance dated
effective February Z$ , 2006, between Piceance Gas Resources, LLC, as
Assignor, and Piceance Operating Company, LLC, Teton Piceance LLC and
PGR Partners, LLC, as Assignees.
Oil and Gas Lease dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil
Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 585, Reception No.
623088 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following
described lands located in Garfield County, Colorado:
910390 - EATON BASIC AGMT NO 7 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W of the 6th P.M.
The Gem No. 7 Placer Claim, being Lots 9, 10, 15 and 16 in Section 1;
The Gem No. 9 Placer Claim, containing two 40 acre tracts being now re -platted and numbered as Lots 21 and 22 in Section 1;
910400 - R. L. EATON AGMT NO 3 FEE
T6S, R97W, 6th P.M.
Champion No. 5 Placer Mining Claim, embracing Lots 19 and 20 in Section 1
containing a total of 276.04 acres, more or Tess.
910390 - EATON BASIC AGMT NO 7 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W of the 6th P.M.
The Gem No. 1 Placer Claim, being the SE/4 of Section 1
containing a total of 160.00 acres, more or Tess.
910390 - EATON BASIC AGMT NO 7 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W of the 6th P.M.
The Gem No. 5 Placer Claim, being Lots 9, 10, 15 and 16, Section 2;
The Gem No. 10 Placer Claim, containing two 40 acre tracts being now re -platted and numbered as Lots 21 and 22 in Section 2
containing a total of 240.00 acres, more or less.
910390 - EATON BASIC AGMT NO 7 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W of the 6th P.M.
The Gem No. 3 Placer Claim, being the SE/4 of Sec. 2
containing a total of 160.00 acres, more or less.
116700 - EATON BASIC AGMT NO. 8 (PRATT 11 & 12) FEE (insofar and only insofar as it covers the following lands):
The Pratt No. 11 Placer Mining Claim comprising the NW/4, in Section 11, T6S, R97W of the 6th P.M.
containing 160.00 acres, more or Tess.
910370 - EATON BASIC AGMT NO. 8 (PRATT 7 & 8) FEE (insofar and only insofar as it covers the following lands):
T6S. R97W, 6th P.M.
Pratt No. 7 Claim, embracing Section 11: SE/4
containing 160.00 acres, more or less.
830150 - EATON BASIC AGMT NO. 10 & 11 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Midland #7 Section 13: SE/4
containing 160.00 acres, more or less.
830150 — EATON BASIC AGMT. No. 10 & 11 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Midland #9 Section 13: NW/4
containing 160.00 acres, more or less.
1 of 7
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7 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
Exhibit "A" (continued)
830320 — C. H. DARROW FEE (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Eureka Placer Mining Claim No. 21-2 Section 21: NW/4
containing 160.00 acres, more or less.
830320 — C. H. DARROW FEE (insofar and only insofar as it covers the following lands):
T6S. R97W, 6th P.M.
Naomi Placer Mining Claim No. 5 Section 21: SE/4
containing 160.00 acres, more or less.
830320 — C. H. DARROW FEE (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Eureka Placer Mining Claim No. 22-4 Section 22: SEJ4
containing 160.00 acres, more or Tess.
830320 =C. H. DARROW FEE (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Naomi Placer Mining Claim No. 2 Section 28: NE/4NW/4, S/2NW/4;
830290 — D.D. POTTER #5 Fee
T6S, R97W, 6th P.M.
NW/4NW/4 of Section 28
containing 160.00 acres, more or Tess.
830300 — D.D. POTTER #7 Fee (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Denver No. 111 Placer Mining Claim being SE/4 of Section 28
containing 160.00 acres, more or less.
830310 - D.D. POTTER #11 FEE (insofar and only insofar as it covers the following lands):
T6S, R97W, 6th P.M.
Lots 3 and 4 in Section 33
containing 109.74 acres, more or less.
830310 - D.D POTTER #11 FEE insofar and onl insofar as it covers the followin . lands
T6S, R97W 6th P.M.
Lots 3 and 4 in Section 34
containing 109.78 acres, more or Tess.
Oil and Gas Lease dated May 12, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company
("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1405, Page 498, Reception No. 614407 at the
records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands
located in Garfield County, Colorado:
Township 6 South, Range 97 West, 6th P.M.
NW/4 of Section 12
containing 160.00 acres, more or less.
2 of 7
I iuiii nisi uiuii III iiiii iuu uiuii III uiii uii iui
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8 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
Exhibit "A" (continued)
Oil and Gas Lease dated October 24, 2001, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company
("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1380, Page 273, Reception No. 609481 at the
records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands
located in Garfield County, Colorado:
Township 6. South, Range 97 West, 6th P.M.
SE/4 of Section 14
containing 160.00 acres more or Tess.
Oil and Gas Lease dated August 26, 2001, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company
("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1380, Page 278, Reception No. 609482 at the
records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands
located in Garfield County, Colorado:
Township 6 South, Range 97 West, 6th P.M
NW/4 of Section 22
containing 160.00 acres, more or Tess.
Oil and Gas Lease dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil
Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 573, Reception No.
623086 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following
described lands located in Garfield County, Colorado:
830000 - C. H. DRAGERT FEE
T6S, R96W, 6th P.M.
J. B. No. 1 Placer Mining Claim, comprising Lots 3 and 4 and being the northerly tier of 40 -acre Lots of the NW/4 of Section 5;
J. B. No. 2 Placer Claim, comprising Lots 5 and 6 and being the middle tier of 40 -acre Lots of the NW/4 of Section 5; and
J. B. No. 3 Placer Claim, comprising Lots 11 and 12 and being the southerly tier of 40 -acre Lots of the NW/4 of Section 5
containing 237.49 acres, more or Tess.
910400 — R. L. EATON AGMT NO 3 FEE (insofar and only insofar as it covers the following lands):
T6S, R96W, 6th P.M.
Grand Valley # 1 Placer Mining Claim, embracing Lots 3 and 4, Section 6;
910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands):
T6S, R96W of the 6th P.M.
Consolidated No. 7 Claim, containing Lots 13 and 14 of Section 6;
Consolidated No. 8 Claim, containing Lots 11 and 12 of Section 6;
Consolidated No. 9 Claim, containing Lots 5 and 6 of Section 6
containing 276.90 acres, more or Tess.
910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands):
T6S, R96W of the 6th P.M.
Consolidated No. 5 Claim, containing the SW/4SE/4 and Lot 18 of Section 6;
Consolidated No. 6 Claim, containing the NW/4SE/4 and Lot 17 of Section 6
containing 167.77 acres, more or less.
830150 - EATON BASIC AGMT NO. 10 & 11 FEE (insofar and only insofar as it covers the following lands):
T6S, R96W, 6th P.M.
Midland #3 Section 18: Lots 3 and 4, W/2SE/4
containing 141.01 acres, more or less.
3 of 7
1 111111 11111 1111111 111 11111 11111 1111111 111 11111 1111 1111
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Exhibit "A" (continued)
830150 - EATON BASIC AGMT NO. 10 & 11 FEE (insofar and only insofar as it covers the following lands):
T6S, R96W, 6th P.M.
Midland #5 Section 18: NW/4
containing 160.00 acres, more or less.
Oil and Gas Lease dated July 31, 2001, between Chevron Shale Oil Company ("Lessor"), and Petroleum Development
Corporation ("Lessee"), recorded in Book 1312, Page 166, Reception No. 593765, at the records of Garfield County, Colorado,
insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado:
Township 6 South, Range 96 West, 6'h P.M.
W/2SE/4 - Section 5 (comprising Lots 15 and 18)
containing 87.26 acres, more or Tess.
Oil and Gas Lease dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil
Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 579, Reception No.
623087 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following
described lands located in Garfield County, Colorado:
830170 - EATON BASIC AGMT NO. 1 & 2 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
French #12 Section 19: Lot 1
containing 51.29 acres, more or less.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the followin . lands
T5S, R96W, 6th P.M.
French No. 9 Sec. 19: S/2SE/4;
French No. 10 Sec. 19: N/2SE/4
containing 160.00 acres, more or less.
830170 - EATON BASIC AGMT NO. 1 & 2 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6'h P.M.
French #25 Section 20: NW/4
containing 160.00 acres, more or less.
830170 - EATON BASIC AGMT NO. 1 & 2 FEE (Insofar and only insofar as it covers the following lands):
T5S, R96W, 6'h P.M.
Federal #27 Section 20: SE/4
containing 160.00 acres, more or less.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
French No. 26 Sec. 29: W/2NW/4;
French No. 27 Sec. 29: E/2NW/4.
containing 160.00 acres, more or less.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
French No. 28 Sec. 29: N/2SE/4;
French No. 29 Sec. 29: S/2SE/4
containing 160.00 acres, more or Tess.
4 of 7
1111111111111111111 HI 11111 11111 11111 11 111 1 11111 111 11 11
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Exhibit "A" (continued)
910380 - EATON BASIC AGMT NO. 5 & 6 FEE insofar and onl insofar as it covers the followin . lands :
T5S. R96W, 6th P.M.
French No. 7 Sec. 30: Lot 2;
French No. 8 Sec. 30: Lot 1
containing 100.90 acres, more or less.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P:M:
French No. 5 Sec. 30: S/2SE/4;
French No. 6 Sec. 30: N/2SE/4
containing 160.00 acres, more or Tess.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
French No. 3 Sec. 31: Lot 2;
French No. 4 Sec. 31: Lot 1
containing 100.11 acres, more or less.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
French No. 1 Sec. 31: S/2SE/4;
French No. 2 Sec. 31: N/2SE/4
containing 160.00 acres, more or less.
910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
French No. 30 Sec. 32: N/2NW/4;
French No. 31 Sec. 32: S/2NW/4
containing 160.00 acres, more or less.
910410 - R. L. EATON AGMT NO. 1 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
The Virginia No, 1 Placer Mining Claim containing the S/2SE/4 of Section 32;
The Virginia No. 2 Placer Mining Claim containing the N/2SE/4 of Section 32
containing 160.00 acres, more or less.
910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands):
T5S, R96W of the 6th P.M.
The North 198 feet of the Virginia No. 5 Placer Mining Claim, being the North 198 feet of the S/2NW/4 of Section 33, containing
12 acres, more or less; and
The West 32 rods of Federal No. 36 Placer Mining Claim, being the West 32 rods of the NW/4NW/4 of Section 33, containing 16
acres, more or less;
910410 - R. L. EATON AGMT NO 1 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6h P.M.
The Virginia No. 5 Placer Mining Claim containing the S/2NW/4 of Section 33;
Less and except the North 198 feet of the Virginia No. 5 Placer Mining Claim, being the North 198 feet of the S/2NW/4 of
Section 33, T5S, R96W, 6th P.M., containing 12 acres, more or less
containing 96.00 acres, more or less.
910410 - R. L. EATON AGMT NO 1 FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
The Virginia No. 3 Placer Mining Claim containing the S/2SE/4 of Section 33;
The Virginia No. 4 Placer Mining Claim containing the N/2SE/4 of Section 33
containing 160.00 acres, more or less.
5 of 7
. 1 111111 11111 1111111 111 11111 11111 1111111 111 111111 111 1111
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Exhibit "A" (continued)
910630 — UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands):
T5S, R96W of the 6th P.M.
Consolidated No. 12 Placer Mining Claim, containing the S/2SW/4 of Section 35;
Consolidated No. 13 Placer Mining Claim, containing the N/2SW/4 of Section 35
containing 160.00 acres, more or Tess.
910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands):
T5S, R96W of the 6th P.M.
Bituminite No. 15 Placer Mining Claim, containing the N/2SW/4 of Section 36;
830000 - C. H. DRAGERT FEE (insofar and only insofar as it covers the following lands):
T5S, R96W, 6th P.M.
J. B. No. 4 Placer Claim, containing the S/2SW/4 of Section 36
containing 160.00 acres, more or Tess.
Covering a total of 6314.29 gross and net acres, more or less.
6 of 7
1111111111111111111 111 11111 11111 1111111 111 111111 111 1111
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12 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO
Exhibit "B"
Attached to and made a part of Assignment, Bill of Sale and Conveyance dated
effective February Z.$ , 2006, between Piceance Gas Resources, LLC, as
Assignor, and Piceance Operating Company, LLC, Teton Piceance LLC and
PGR Partners, LLC, as Assignees.
WELLS (BHL):
Chevron 6-43D
SW/4SE/4, Sec. 6, T6S-R96W
Chevron 6-44D
SE/4SE/4, Sec. 6, T6S-R96W
Chevron 6-444D
SE/4SE/4, Sec. 6, T6S-R96W
Chevron 6-442D
SE/4SE/4, Sec. 6, T6S-R96W
Chevron 18-434D
SW/4SE/4, Sec. 18, T6S-R96W
Chevron 18-444D
SE/4SE/4, Sec. 18, T6S-R96W
Chevron 18-441D
SE/4SE/4, Sec. 18, T6S-R96W
Chevron 18-344D
SE/4SE/4, Sec. 18, T6S-R96W
Chevron 36-42D
SE/4SW/4, Sec. 36, T5S-R96W
Chevron 36-32D
NE/4SW/4, Sec. 36, T5S-R96W
Chevron 34B-13
SW/4SE/4, Sec. 13, T6S-R97W
Chevron 13-213
SW/4NW/4, Sec. 13, T6S-R97W
7 of 7
1 11111 11111 11111 111 11111 11111 1111111 III 11111 1111 1111
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1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
ASSIGNMENT AND BILL OF SALE
STATE OF COLORADO
§ ss
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS THAT:
Orion Energy Partners L.P., a Delaware limited partnership ("Assignor"), for and in consideration
of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration, receipt of
which is hereby acknowledged, does hereby assign, transfer, grant and convey unto Piceance
Operating Company, LLC, a Colorado limited liability company ("Assignee"), all of Assignor's
right, title, and interest in and to the Right -of -Way Agreements described on Exhibit "A".
This Assignment and Bill of Sale shall inure to the benefit of and be binding upon the parties
hereto, their successors and assigns.
This Assignment and Bill of Sale is made subject to the terms and conditions and reservations
through which Assignor derived title to Rights -of -Way Agreements.
THIS ASSIGNMENT AND BILL OF SALE IS EXECUTED, DELIVERED, AND ACCEPTED
WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF TITLE OF ANY
KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY.
#700754.1
1 111111 11111 1111111 111 11111 11111 1111111 111 11111 1111 1111
693384 03/03/2006 02 05P B1776 P862 M ALSDORF
2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, this instrument is executed the
day of February, 2006.
ASSIGNOR
Orion Energy Partners L.P.
By Orion Energy Partners, Inc., its General Partner
By:
Name: Do.i,YI G. 64-4 4.1,4-4-11--
Title:
1,4 - -
Title: e1Cee. Vic a ,°reA ;c( C4
ASSIGNEE
Piceance Operating Company, LLC
By Orion Energy Partners, Inc., its Manager
By:
Name: 1� ► ii G • 13/4.-., a L..c..-�r(.
Title: L 2 (rci, 'Ore siilct
11111111 III IIIII III11 I11111I 111 11111 1111E1
693384 03/03/2006 02:05P B1776 P863 M ALSDORF
3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO §
COUNTY OF DENVER §
BEFORE ME, the undersigned authority, on this day personally appeared
�,G/ Li. 8/Au c VIZI &ex/de of Orion Energy Partners, Inc., the General
Partner of Orion Energy Partners L.P., a Delaware limited partnership, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of said corporation.
GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this
017 I- day of 'February, 2006.
STATE OF COLORADO §
COUNTY OF DENVER§
N tary F tic in and fhiethe
STATE - of COLORADO
1
BEFORE ME, the undersigned authority, on this day personally appeared
,a
nf a. LisfteLfr i Cse4 4c d' of Orion Energy Partners, Inc., the Manager of
Piceance Operating Company, LLC a Colorado limited liability company, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of said limited partnership.
GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this
474' day of February, 2006.
No ..» Pu .i' c in and for tize
STATE of COLORADO
-3-
uniu nui nimi ni iuu III iiuni III nui 11 11
693384 03/03/2006 02 05P B1776 P864 M ALSDORF
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EXHIBIT "A"
Attached to and made part of Assignment and
Bill of Sale dated the Z8 th day of February, 2006,
between Orion Energy Partners L.P., as Assignor, and
Piceance Operating Company, LLC, as Assignee
GARDEN GULCH PROSPECT
GARFIELD COUNTY, COLORADO
LEASE AGREEMENT
NO. TYPE
LESSOR
LESSEE
LEASE
DATE
RIGHT OF
10199.00 WAY
ROAD ACCESS
RIGHT OF
10808.01 WAY
RIGHT OF
10808.02 WAY
EXXON MOBIL
CORPORATION
PUCKETT
LAND
COMPANY
PUCKETT
LAND
COMPANY
-4-
ORION ENERGY 7/25/2005
PARTNERS L.P.
ORION ENERGY 9/16/2005
PARTNERS L.P.
ORION ENERGY 6/3/2005
PARTNERS L.P.
Berry Petroleum Company
950 Seventeenth Street
Suite 2400
Denver, Colorado 80202
1111111 "III 11111111111 111 1111111 IIIII 111 11111 III 1111
702777
SDORF
0 00 GRRFIELD COUNTY CO
1of4 R21.00
PARTIAL ASSIGNMENT OF OIL AND GAS LEASE
KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the sum of One Dollar ($1.00) and other good and valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, EnCana Oil &
Gas (USA) Inc. ("Assignor") does hereby grant, sell, assign, transfer and convey unto Berry
Petroleum Company ("Assignee") its successors and assigns, a ninety-five percent (95%) of one
hundred percent (100%) working interest in and to that certain Second Amended and Restated
Lease Agreement (the "Lease"), described on Exhibit A, attached hereto and by reference made
a part hereof, insofar and only insofar as the Lease covers the lands described on Exhibit A,
situated in Garfield County, Colorado (the "Lease Premises ") subject to the following terms,
covenants and conditions:
1. The interests assigned hereby are subject only to the sixteen and two-thirds percent
(16.67%) lease royalties reserved by the Lessor under the Lease Agreement. Lessor's
royalties shall bear their proportionate share of compression, dehydration, gathering,
processing, treating and transportation charges (up to the Redelivery Points as
defined in the Gas Gathering Agreement dated June 7, 2006 between Berry
Petroleum Company and Lessee) up to a maximum of $0.23 per MMBtu, adjusted by
the percentage increase or decrease, if any, in the Consumer Price Index for All
Urban Consumers ("CPU -I"). The percentage adjustment shall be calculated based upon
the difference between the most recent calendar year and the previous calendar year, as
published in the U.S. Department of Labor, Bureau of Labor Statistics. If the CPI -U ceases
to be published, the parties shall use commercially reasonable efforts to negotiate a
replacement index.
2. This Partial Assignment of Oil and Gas Lease is made subject to all of the terms and
the express and implied covenants and conditions of the Lease (including the depth
limitation contained therein), to the extent of the rights hereby assigned, which terms,
covenants and conditions the Assignee hereby assumes and agrees to perform with
respect to the interests covered hereby. Said terms, covenants and conditions, insofar
as they relate to the Lease Premises, shall be binding on the Assignee, and shall inure
to the benefit of the Lessor and the Assignor herein and its successors and assigns.
3. The interests assigned hereby are also assigned by the Assignor and accepted by the
Assignee subject to all the terms and provisions of that certain Carry and Earning
Agreement, dated June 7, 2006 between Assignor and Assignee, and in the event that
any of the terms and provisions of this Partial Assignment of Oil and Gas Lease are
inconsistent or in conflict with any of the terms and provisions of the Carry and
Earning Agreement, then the terms and provisions of the Carry and Earning
Agreement shall prevail as to the point in conflict.
4. Within thirty (30) days following the fifth annual anniversary of the spud date of the
first well drilled by Assignee on the Lease Premises , Assignee shall reassign to
Assignor all of the interest acquired hereunder by Assignee in the Lease Premises in
each 160 acre tract on which there is no well drilled and completed by Assignee and
producing from the Williams Fork Member of the Mesa Verde Formation. Such
reassignment shall be free and clear of all liens, burdens of encumbrances created by,
through or under Assignee.
5. With respect to the provisions set forth in paragraph 14.m in the Lease, Assignor and
Assignee will cooperate to develop and agree on alternative simultaneous operations
procedures.
6. This Partial Assignment is made and accepted without any representation of warranty
of title of any kind, either expressed or implied.
7. The terms, covenants and conditions hereof shall be binding upon, and shall inure to
the benefit of, the Assignor and the Assignee, and their respective successors and
assigns, and such terms, covenants and conditions shall be covenants running with
111111111111111111111111111111111111111111111111111111
707706ALSDORF
0.00 GRRFIELD COUNTY CO
2of4 R21.00D
the Lease Premises and the right, title and interest herein assigned and with each
transfer or assignment of the Lease Premises.
8. Except as herein otherwise expressly provided, any notices or other communications
required or permitted hereunder shall be in writing and shall be deemed given only
when received by party to whom the same is directed as follows:
EnCana Oil & Gas (USA) Inc.
370 17th Street, Suite 1700
Denver, CO 80202
Attn: N. Piceance Team Lead
Berry Petroleum Company
5201 Truxtun Avenue, Suite 300
Bakersfield, CA 93309-0640
Attn: Land Manager
with a copy to:
Berry Petroleum Company
950 Seventeenth Street, Suite 2400
Denver, Colorado 80202_
Attn:Land Department
Each party hereto may change its address by notifying the other party of such change
in writing. The return receipt of the United States Post Office shall be proof of the
date and time of receipt of notice.
9. If Assignee elects to surrender, abandon, release or allow to expire any of its interest
in and to the Lease, in whole or in part, Assignee shall notify Assignor in writing not
less than forty-five (45) days (or as soon as practicable) before the date of the
proposed surrender, abandonment, release or expiration, and within fifteen (15) days
after written request from Assignor, shall reassign the Lease, or the part thereof
affected, to Assignor free and clear of all encumbrances except those with which the
Lease was burdened when assigned to Assignee. Assignee further agrees to
immediately notify Assignor of any demand by the Lessor for performance of the
terms and conditions, including implied covenants, of the Lease. It is further
understood that no surrender, abandonment, release or assignment shall relieve
Assignee of any obligations or liability theretofore incurred by Assignee or accrued
against Assignee or from any liability to Assignor by reason of any prior breach of
any covenant of this Partial Assignment of Oil and Gas Lease, the Lease or the Carry
and Earning Agreement.
TO HAVE AND TO HOLD said rights, titles, and interests unto the Assignee, its
successors and assigns, subject to the terms, covenants and conditions hereinabove set forth.
EXECUTED this Q O day of July 2006.
ASSIGNOR:
ENCANA OIL & GAS (USA) INC.
By:
Its:
/iL /tel
Dou•1f W. Jone1
Attorney -in -Fac
ASSIGNEE:
BERRY PETROLEUM COMPANY
Age
B P aniel G. Anderson
Its: Vice President - Production
Page 2
6
1111111 11111 1111111 111 1111 111111111111111 1111 11111111
702777 07/24/2006 04 06P B1823 P908 M ALSDORF
3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
Acknowledgement page to Partial Assignment of Oil and Gas L
STATE OF COLORADO
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this day of July 2006, by
Douglas W. Jones as Attorney -in -Fact of EnCana Oil & Gas (USA) Inc., aJLg,1tRQ corporation.
My Commission Expires: Not. • Public
STATE OF COLORADO
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this a8' day of July 2006, by
Daniel G. Anderson as Vice President - Production of Berry Petroleum Company, a Delaware
corporation.
My Commission Expires: Notary Public
Or—at 44.11
M� r.,mmnlsslen Exelres May 1A I' 1
Page 3
•
1111111 11111 1111111 1111 IIII 111111111111111 IIIII 1111 1111
702777 07/24/2006 04 06P 81823 P909 M ALSDORF
4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
Attached to and made a part of that certain Partial Assignment of Oil and Gas
Lease dated July 4 4 2006, between EnCana Oil & Gas (USA) Inc., as Assignor,
and Berry Petroleum Company, as Assignee.
Second Amended and Restated Lease Agreement Dated Effective: June 7, 2006
Lessor:
Lessee:
Recorded:
Pavillion Land Development, LLC
EnCana Oil & Gas (USA) Inc.
Book f 301;1 , Page 1,20, Document # ypa.5/9
Lease Premises:
Township 5 South, Range 95 West, 6th P.M., Garfield County, Colorado
Section 16: Those portions of the SE/4SW/4, S/2SE/4, NE/4SE/4, SE/4NE/4 and NE/4NE/4 Tying
south of the southernmost Mahogony marker as it existed on September 14, 1970
Section 15: S/2, S/2N/2
Section 21: N/2
Section 22: N/2NW/4, NE/4
Section 32: S/2
Section 33: S/2
Section 34: S/2, NW/4
Township 6 South, Range 96 West, 6th P.M., Garfield County, Colorado
Section 1: Lots 3, 4, 9, 10, 11, & 12
Section 2: Lots 1, 2, 7, 8, 9, 10, & SE/4
Section 3: Lots I, 2, 7, 8, 9, 10, & SE/4
Section 10: Lots 1, 2, NE/4, and E/2NW/4
Section 15: W/2, W/2E/2
Section 21: NE/4
Page 4