HomeMy WebLinkAboutApplicationI
2
3
4
5
6
7
8
9
10
I I
<:Icz.rfieZd Co-urz!::V_]
[()8 8'1' Street, Swte 40/, G lenll'1111d Springs, C O 8160/
1''1:970-945-82 J 2 l-:c9 ~0-384-3440 lnspecticm Lill<' ,'{88-868-5306
www .g arfield -cuunl)•.cJ;!m
BUILDING PEIU\tlT M 'CUCATION
Parcel No: (th is inf11 mwli11n '·' m ·uih1hle m 1he u.ucssars 1Jjfiu 9711-9.J5-'i/ J .JI I Lot No: Block No: Sub<l E xem ption:
2401-064--00-1 28-land Use Approval 2011 ·08
Job Address: (if u11 udJrcst luu nm hecn auignetl. pleasc prm-Mt• CR. 1111111r Street Name & Ci1.1) ur an<l legul descripti on
2130 County Road 333 Silt, CO 81652
Owner: (proper~1· m l'lwr) M a iling Address: Ph: Ah Ph:
BJM l:ifftited LH'> 408 Rine Ct. Broomfield. CO 80020 303-410-2900
Contractor: Mailing Address : Ph: Ah Ph:
Valerus Compression Services. LP 919MilamSte 1000HoustonTX77002 713-744-6 144
Manufactured home in s taller: M a iling Address: Ph: Lie #:
NA
Architect: Mailing Address: Ph: Ah Ph:
NA
Engineer: Mai ling Address: Ph: Ah Ph:
NA
Sq . Ft. of Building : Sq . F t . or Acres o f Loi: Height : No . of floors :
NA 578.71 acres 8' fence 1
Use ofBuilding: I Cl.iss o f Work:
[llRe sid e ntial 01Commercial OOther 171New (}\hern1ion 0 <\dditton DRcpair ODemo
Describe Work:
1250 lineal feel of 7' tall p e r m eter fence with 1' o f 3 s trand barbwire al the to p . Please cal Phil Vaughan 9i'-0·625 c 1 w he~ perm:t is ready
Garage: Ty pe o f Hear:
DMove
DAttachcd ODc tachcd
I Septic:
(]1sos 0Community ONat.Gas 0 Propanc 0Elcctric OOthcr
12 Driveway Pennit: Owners valualion of Work:
Existing driveway permit 525,0 00
MJTICE
"ulborlh-. TI1is •rplicAliun for • BuilJini; Pe nn ii musl he sii;ncJ by lbc Owner of lhc propcny. Jcscnl>c:J above. or on ou 1hori1cJ agc nl lf1h c s1i;no1urc hclow is no11ha1 ufrhe Owner. o SCJ>arolc
lcllcr of ou1h ori1y. si i;neJ by 01c O\\ncr. musl be proviJcJ wilh Ibi s Appl ication
Lr~al A<tru. A BuilJini; Pe nni I co nnol he issue d wi 1hou l proof o f ki;ol onJ :ulequalc access to lhc pmrcttY for purposes of inspcc 1111ns by lhc ll u1IJini; Ocpartmc'lll
01l1er Permll•. Mullipk sc:par.il e (IC'mtllS may he requin:d (I) Slale Elcelrico l Pcnn il. (1) County ISOS Pcnnil . (31 anothc-r pcnnil requi red for ll'C on Ilic property iJcn11focJ ohu\·e. c g. Stot e or
Counly Hii;ll\\ oy/ Ru:ul Attcs.• o r o Sbte WllS1Cwa1er Discharge Pcnn11
\'.,IJ l'trmlt . A BuilJmg Pcnnil becomes null ond \oiJ if 01c \\ork ou1bori1.cd ts not cornmcn.cJ wnhm I MO .bys of the dote: of sssuan.e onJ if wurk ts sll.>pcndcd .. r ahondnnc:d for• Jl«i1KI of l l\O
tbys ofter cummcnccmcnl.
CE HTIFICATION
I hereby certify lhat I hove rc:ul 01is Applicouun ond th•11he informolion contained abmc i< rruc :mJ ""'""' t unJ c-rston d 1hat 1hc lluildini; OL'f"'n<ncnl a«cri. rite Apphc olmn. alnng with 1he plans
An J s pccifo cotion.< lllld other Jot• submi n cd hy me or on my behalf (suhmittols). hosed upon my ccrtifkacion ns lo occurJcy
,Usuming complc1cncss oflhe subm inols •nd appro\'al of1his Appli co li on. • ll uildmg l'cnnit wi ll he iss ued grJnling pcnnission 10 me . a s 0 1\'ncr. to cons 1n1c1 the •1ructurc(sl onJ fac:ili 1ks dcuilcJ on
1h c sub minals revie\\'cd by lhc Building Oc'f"'rtmcnt.
In considc:r.ilion of the issuonce uflhe DuilJmg Pcnnil. I ogrcc lh ot I an d my ai;ents will comply \\ilh pmnsion.< ofany fcdcrJI . stale ur loc~l LI\• rcsu!Jtmg lhc work and the Gorficld Co unty Building
C1Kl c, ISDS regulations and applicab le lonJ ll\e rcgu l01ions (Counly Re gul 31ion(s)J I :1dno11lcJgc1ha 1 the llui lJmg l'cnml moy he suspc 11Jc cl 11r l'C\O~c,I , upM 1101icc from lhe Cmnn y, i f lhc luc al1on.
cons1nic1ion or use oflhe slructure(s) And '3cihty(1cs). described obove. :uc nol in compliance wnh Couniy ltcgulohon(•) nr ony 01her ;1pph<ahk I.:"
I hcrchy gr•nt pcnnission to the B uilding Dcpartmcn l to cnlcr lhe lllU(IC'rty . dcscribt:d obmc. tu mspccl 1hc '"''k J furthc..7 ;,d .. -nu\\ lcJ~c lhat the ,, .. u.;sn~;c of tli,; Huildin g Pcnnit t.ltM:S not r rcvcnr rhc
Building Offic:iol from : (I) rcqmri ni; lhc c urrc cll on of errors in 1he submi ltol s. if an y. d iscmcrcJ oiler uwonce, or(~) stoppin g cur.stnK.tl on or IL'iC of the s l:'\Klll r.:(sl ur fac 1ht )11C<) if sud1 is m \ mlohon
o f COUl\l y Rci;ul01ioll(s) or any olhcr npp huhle low
Re\ 1ew of 1his Applic:iti on, including suhm111a ls. :ind in"!"'Clions of tbe work by lhc Buildmi; DcpJnmc111 J u nut cons11 1utc an occc:pcon ce uf re>l"'n•ibilit y or liah1 hty by 1hc County o f c nurs. omissions
or disc rcr:inc ies . As the 0\\11cr, I ocknuwlcJgc •hot rcspons1bi li1y for compliance" uh fcdcrJI, '1>1< onJ lot.al lo\\; ond County Regu lollons n.;s1 with me anJ m~ autlHirfrcJ oge nc s. includin g " i1hout
limibti on my on:hiteCI designer. engineer onJ: or builder.
I HCREOY ACKNOWLEDGE THA Tl !IA\'[ ltCAO ANO UN DIORSTAN D THC NOTICE S: C ERTIFICATIO~ ABOVE.
~~-~Sb~ 6/61 11 --OWNERS S I GNATUR~--DAT E
#-'{(JOY (p -tp-1/ ,
Adjusted Voluotion: Hit l\t. Misc Fees:
2S tJPo,-----Tot:il Fees: fee s Pnid ~ Rnlnnu D ue; HP No & Issue ll111c: ISDS No & I ssued D:ite:
. (p~5·5Ce /w5. Fenc-~bCp3
OCC Group: u Const Type: Zoning:
~
'
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY
CERTIFICATION AND AFFIDAVIT
REGARDING ILLEGAL ALIENS
The Contractor , wh ose name and signature appears be l o1·1, certifies and agrees as
follows:
1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et
seq. The Contractor shal l n ot knowingly employ or contract with an illegal alien
to perform work for the Board of County Commissioners of Garfield County,
Colorado ("BOCC"l or enter into a contract with a subcontractor that knowingly
employs or contracts with an illegal alien.
2. The Contractor represents, warrants, and agrees that it has verified that
it does not employ any illegal aliens; that it has participated or attempted to
participate in the Basic Pilot Employment Verification Program administered by
the Social Security Administration and Department of Homeland Security; and
otherwise shall comply with the requirements of C.R.S. 8-17.5-102(2) (b).
3. The Contractor shall comply with all reasonable requests made in the course
of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor
and Employment. If the Contractor fails to comply with any requirement of this
provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach
and the Contractor shall be liable for actual and consequential damages to the
State.
4. If t he Contractor is a sole proprietor, the undersigned hereby swears or
affirms under penalty of perjury under the laws of the State of Colorado that
(check one):
I am a United States citizen, or
I am a Permanent Resident of the Un i ted States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I
am a sole proprietor entering into a contract to perform work for
the BOCC. I understand that state law requires me to provide proof
that I am lawfully present in the United States prior to starting
work for the BOCC. I further acknowledge that I will comply with
the requirements of C.R.S. 24-76.5-101 et seq. and 1-:ill produce the
required form of identification prior to starting work.
I acknoi-iledge that making a false, fictitious, or fraudulent statement or
representation in this sworn affidavit is punishable under the criminal laws of
Colorado as perjury in the second degree under C.R.S. 18-8-503.
CERTIFIED and AGREED to this\~b,day of -:s-'t\~ I 20~.i_.
CONTRACTOR:
~~"\!\,.) ~~),)\~"""' S\'f'\\\\2)-' L .~~
(Contractor Full Legal Name) FEIN or Social Security Number
By• ~u!:~~ -~~l.:-:. t...,,l,_e._'..,._-~.._ ________ _
l~:.i9ration Affidavit
(08106) Final
EXHIBIT
!
NOTE: If any required information is missing, delays in issuing the permit are to be expected . If
determined by the Building Official that additional information is necessary to rev iew the a pplication
and/or plans for compliance, the application may be pl aced on hold until the requ ired information is
provided. Work may not proceed without the issuance of a permit.
The building department will collect a Plan Review fee at time of application submittal. The Permit Fee,
as well as any Septic or Road Impact fees will be coll ected when the permit is issued.
The permit application must be signed by the owner or by a person having writte n authority from the
owner to act as their representative.
I hereby acknowledge I have read, understand, and will abide with the requ irements of this
checklist.
~~~~~m'.\
Signature of Owner
6/6/11
Date
Garfield County B uilding & Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Phone: 970-945-8212 Fax: 970-384-3470
www .garfield-countv.com
1111 W.i. ~:n1~'\li~.~1rM ~, IWh.IMrt.~llM-'!Wi lr~.~,I 11111
Rccepl ion#: 798555
02/09/2011 11:0?:37 Rl'I Jean Albarioo
1 of S Rec F'ee ,$0 00 Oo c Fet> 9 09 GMFJELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, h eld in the Commissioners' Meeting Room, Garfield Cotmfy Courthouse, in Glenwood
Springs on, M onday, the 17th day of J an uary A.D. 2011, there were present:
fuhD Martin • Commissioner Chairman
Mik e S.3!11 ...... so ... n=-· ___________ __.Commissioner
J.mn J ank=ov,,_,s=ky""'-------~~---• Commissioner
Car ey Gam on , Assistant Cot.mty Attorney
Mari.PD_<;:Ia:rum for Jean Al berico , Clerk of the Board
Ed Green (absent) . County Manager
when the following proceedings, among others were had and done, to-wit:
RESOL UTION NO. 2 (J 11 -C7? 6-u .. r\\Q,&) ", ~~ ~ .~. \v\) D-.:Ll
A RESO LUTI ON OF APPROV AL FOR A LAND USE C HANGE PERMIT FOR A
COMPRESSOR STATION TO B E LOCATED 2 MlLES SOU'ffi OF THE GARFIELD
COUNTY AIRPORT ON CR333 JN THE SW % SECTION 30, TOWNSIIlP 6 SOLTII
. RANGE 92 WEST OF THE 6rn P.M., GARFIELD COUNTY
PARC EL NO# 2401-064-00-128
Recitals
A. Th e Board of County Commissioners of Garfield County, Colorado, received a.
request fo r a Land Use Change Permit for a Compressor Station as shown in the attached site
plan, Exlri bit A.
B. The Compressor Station will be located within a 578. 71 -acre parcel of land owned by
B.J.M LTD desc rib~ as Lots 3 and 4 in Section 30 and Lots 1, 2, 3 and 4, V. l/2SE1/4 of
Township 6 South, ·Range 92 West an d SE1/4,Nl /2NE1/4SW1/4, Lots 1 and 2 add N1/2N1/2 of
Lot 3 Section 6 To wnship 7 South, Range 92 West of the 6th P.M.
C. The subject property is co ntained within unincorporated Garfield County m the Rural
Zone District and is located two (2) miles south of the Garfield County Airport on CR 333.
D. Compr essor Stations require a Land Use Change Permit through a Limited Impact
Review in the R ural Zone .District o f G arfield County .
E. The Bo ard is authorized to approve, deny or approve with conditions a Land Use
1
5
(
1111 w.,:n,~i~wr ~ivM rtAlir.w.1A:iwn~.~0' 1111
Reception#: 798555
02109/2911 11:0 7 :37 Rl'I J ean Rlbartco 2 of 5 Rorc Fee :SC .00 Doc Fee 0 .00 Gl'IRFJE1.0 COUNTY CO
Change P ermit pursuant to the Unified L and Use Resolution of 2008, as amended.
F . The Board of County Commissioners opened a public hearing on the 17th day of
January, 2011 for consideration of whether the proposed Land U se Change Permit should be
granted· or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the requesl
I
G . The Board of County Commissioners closed the public hearing on the J ?'J.i day of
January, 20 11 t o make a final decision.
H . The B oard on the basis of substantial competent evidence produced. at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. The bearing 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 beard at that meeting.
3 . That for the above stated and other reasons the proposed Land Use Change Permit to
allow for a Compressor Station is in the best interest o f the health, safety, morals,
conveni enc e, order, prosperity and welfare of the citizens of Garfield County if
recommended conditions of approval are ad opted.
4 . That, with the adoption of recommended copditions, th e application has adequately
met the requirements of the Garfield County Unified Land Use Resolution of 2008, as
amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing R ecitals are incorporated by this reference as part o f the resolution.
B . The Land Use Change Permit for a Compressor Station is hereby approved subject to
compliance with the following conditions:
1. That all representations made by the Applicant in the application and at the public
hearing before the Board of County Commissioners, shall be conditions of approval
unless specifically altered by the Board of County Commissioners.
2 . Prior to issuance of the Land Use Change P ermit, the Applicant shall obtain all required
federal, state and local permits. 1b.is requirement does n ot include the Construction
2
Pcnnit fro m the Air Quality Control Division of Colorado D epartment of Public Health
and Environment (CDPHE) which will be issued prior to commencement of the operation
of the facility. The Applicant shall provide a copy of that permit to Garfield County
Building and Planning upon issuance by CDPHE.
3 . Titls Land Use Change Permit issued sbaJ l be limited to a compression facility consisting
of fi ve (5) natural gas compression units, each with air-x-change cooler units and all of
which will be housed in individual acoustical buildings with noise control equipment.
The facility will also contain a Motor Control Center, Maintenance/Dehydrating Station
and portable toilet .facilities. The whole of the facility will be enclosed within a 7 ' tall
c hain link fence.
4. Operation of the facility m ust be in accordance with all Federal, State and Local
regulations and permits governing the operation of these types of faciliti es.
5. All required building pennits must be obtained for structures and fencin g associated with
the proposed compressor station.
6 . Industrial activities shall be required to comply with the following operational standards:
a) The volume of the sound generated shall be so operated that the volume of sound
inherently and recurrently generated does not exceed the standards set forth in the
Series 800 rules of the Colorado Oil and Gas Conservation Commission
(COGCC);
b) Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible without instruments at any
point of any boundary l ine of the property;
c) Emissions of smoke an d particulate matter: every use shall be so operated so as
to comply with all Federal, State and County air quality laws, regulations and
standards;
d ) Every use shall be so operated that it does not emit heat, glare, radiation or fumes
which substantia11y interfere with the existing use of tbe adjoining property or
which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning
signals, reflective painting of storage tanks, or other such operations which may
be required by law as s afety or air pollution control measures shall be exempted
from this provision.
7 . Prior to issuance of a Land Use Change P ermit the Applicant shall p rovide a revegetation
bond in the amount of $5,480.00.
8 . Prior to issuance of the Land Use Change Permit the Applicant shall provide the Building
and Pl anning Department with a letter from the Rifle Fi.re Protection District r egarding
resolution and/or completion of requested revisions to language contained in the SpilJ
3
0
·. Prevention Plan (SPCC) and regarding sati sfaction in provision of completed Hazardous
Materials Declarations forms.
9. The A pplicant shall comply with the fire protection provisions included in the rules and
regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the
International Fire Code.
10. All ex.1erior lighting shall be the minimum amount necessary and shall be directed inward
and d ownward, except that provisions may be made to allow for safety lighting that goes
beyond the property boundaries.
7 'f1 -
Dated this day of ~~ cs "")-, A.D. 20_!1_.
ATIEST:
Upon motion duly made and seconded the foreg
following vote:
STA TE OF COLORADO )
)ss
County ofGarfi eld )
BOARD OF
GARFIELD
I, County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the C ounty and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ d ay of A.D. 20_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
4
EXHIBIT A -SITE PLAN HUNTER MESA CO MPRESSOR STATION
LAND USE CHA NGE PERMIT
FOR
A PORTION OF A 578.71-ACRE PARCEL OF LAND OWNED BY B.J.M. LTD
LOCATED 1WO (2) MILES SOUTH OF THE GARFIELD COUN'TY AIRPORT
ON CR 333 IN THE SW% OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 92
VVEST OF THE 6TH PM, GARFIELD COUNTY.
PARCEL NO# 2401-064-00-128
In accordance with and pursuant to the p rovisions of the Garfield County Unified
land Use Resolution of 2008, as amended, and Resolution No. 2011-of of
the Board of County Commissioners of Garfield County, State of C olorado,
hereby authorizes, by land Use Change Permit, the following activity:
A C OMPRESSOR STATION CONSI STING OF FNE (5) NATURAL GAS
COMPRESSION UNITS, EACH WITH A IR-X-CHANGE COOLER UNITS AND
ALL OF WHICH WILL BE HOUSED WITHIN INDIVIDUAL ACOUSTIC
BUILDINGS.
The land Use Change Permit is issued subject to the conditions s et forth in the
above-mentioned resolution, and shall be valid only during compliance with such
conditions and other applicable provisions of the Garfield County Unified Land
Use Resolution of 2008,-as amended, Building Code, and other reg ulations of the
Board o f County Commissioners of Garfield County, Colorado_
AITEST :
. t
~----------·--·-
.. ..,~., ..... , ~ .,.,,.,·k .. i'_M., JAN 27 mm
l!...'C "pL.ca r.;0 , :J..I/1:21 Mil.OREi) tJ.SDORF, RI:CORO~
CER'.rIPIC/\1'£ OF LIMITED l:'}IRTNERSlllP
~
ll,J.M. !,'I'll.
The undersigned, rlc:::irin9 to f'or:n " 'i'llitc::d p:irtncr::::hip
pur::::u;,nt t o the l.!1~::: of thl) St:itc o( color:tdo, hereby certify
a:; follow:::::
1. The nil.ml! O( thl' p.:irtn<:r:ihip is 11.J .M. LTD.
2. Tho character of the bu::::in.::::::; l" t:o acquire titlu
to c:crt;iin rc~l c:::::tatc nnd other a::::::::cl::: u~ed ~n connection
/1> It
\Ji th or devoted to suc:h property, :::ol)jc::ct t.o ccrt;oin l.iab.llitic:;
rcl.:itc<l th1:roto; to hold :iuch ."i58et:; ror invc:::l.J:lcnt purposon
"'~d to comluct any bur.inc::::: operation:; J.n c-onnc::ction the:rcwi th
n:; :ihnll bn dotcr:nincd by thu p."irt.n<:r<:.
J. 1'ho location of the pd ncip:il pl."icc or bu:::inc:::s
::hall be nt .Rirle, Colorado, or '1t !incll other place :i:; Lhc
9cncral p:irtncr 1n..w dotcrmin
.1. '.th<.\ namo ancl plncc of rc:;:idcncc of each at<;rr.bl!~ I :i
ar, fol.low:>:
Gc:nnr:ll !1:.Jrtnc:-
O.:lrb:ir;i J. Morri:s
L~mitcd Partner:;
Jal:c Sllilcffcr
20 South 351:h Stroct
nouldur, Color~do BOJOJ
0447 Road 346
Rirlc, C.Qlorado 916~0
o.in ROad 346
Rifle, Colorndo nl650
s. The term for which thn partncr<:hip is to cxii:t
co11<1uunco:; upon the cxccul:ion ut: Art.l..;J.c:: or !.imi. tcd Part11.~r-
:;hl.p .by th<1 partner:; and tho proper filing of thi!l Ct!rtific;ita
:ind :ihllll tcniiinatc upon th•' happening ot ~ny of t he following
events;
(al 'l.'he sale of all of the part11crnhip property;
(bl "l'hc con:icnt of all <jcn~r:il partnct'c; or
-1-
nu:ix 5611 rAr,£3G.9
(c) ·rhc death. r1.:t.irc111cint or in::anity o! the la:;t
,;urvlvin9 9cncr<ll l'"rtncr ur the rnilurc at tho !Ju..-v!~·in9
9cncr;il pnrtnor, or p artricr:i, to cxcrcicc ;in election
t:o conti.m:c tho bu::1no!J:l :.::: providnd in the llrticlc::: uf
Li~itcd PartnarGhip .
&. Tha illl:Ount of c:i:ih (Ind n clc.:cri;>tion of and the
a9rcccl value of: the othcl' property contdbut~cl by the limiwd
P"rtncr::: nro a~ follow'-:
\nl ca:::h contri.butc<.I lly the li111itccl pnrtncr..:! None
(b) II uu::cril'tion of "nd the '1'.frcud value 0£ tho OtMr
property ccr.lr ibut<'•J liy lh•itcu p:irtncr:: :ire ;i:.i !ollow:::
Honl Est.'.> te .ind iniprovc'llcnl::::
J.'.llcc Shoo!!cr $ 'J. 000. uo
Fricd;i Sh;icf!cr s 9,000.00
i. No ill!<.lltional co.H.r.1.llut.i.on:: h.1vi> h"cn a9rt'lL:d tQ be
n:atlc by ;my limitcoi pilrt111H·.
O. r~o tircu h:t5 !:>c<•n '>9rccd upon ..... J:cn Lh~ t.~nt:ribution
a~ t:hc U.111itc:'1 p:u:cncr i:: to llt! rcturnt:d.
9. •.rho ::;hnrc of tlw pro(it:c, or t!•c other coS11pcn::iltion
by way of inco1t111 wttlch tbo liu•itc<l pilrtncr:: chall rc<:o)ivc by
rca:::son of their con tr 1 \Jut i.t1n!>, i:; ~::: (Ollow!l :
Friel!:> Shncffcr
Vct.ecnt•.uic
37. 5
37.5
10. M.}' limitccl p.lrtncr h:i:: th!: :-ic;:l:t. to :l!bst.\.tu::e an
ilc:ii9ncc ;i:: contributor in hi:i plnc1! b~· o!f::criny .lll er any
part of hi:i int.crest in the p11rtncr:ihip t:o the other p11rtnor11
wit:h the ri•;ht o! :iccc?tilncc or rejection of a bona ficlc
w:-ittcn of!or, cub;i<:ct t<.> Arlie le XI or the /\rticlc:::;.
ll.. The 9cnc1·al partoerc arc 9ivcn the ri9ht to acl::.it
adclition:>l li.initccl pa::cnorc :in<l to aclmit iln)· cttccccsor .i.n
•nt<."rc:it to " 9oneral ;>llrtner "·' a llnlitl'tl v;irtnnr in t:hc
fMnncr ::ct rort:h in the Articlei:-:.
n. No dght i:: 9ivcn to :iny li:ni.tt!t! P"-rt:ic:: to priority
Ol."C!: other limitod partncrg illl to contributions or :it: to
co:npct'lsation by WJ.'f of incoino.
13. On the dc11th, rcllr<,trnnt or .i1111ani t}· of 11 'Jonoral
Pilrtncr the r(!fr.ainin<.J <Jclleral partner, or p;;rtncr:i, !invc the
-2-
nuu~ 561 rJCE369
right t;.o elect 1:hcthcr to continue the ll!nltcd p:irtncrchip
or di:i::olvo and tcr111in1>tr the C·~·~-
H. No right ii; given ;i l.i1~it1HI pa1·tncr to dom.:iml <md
receive propr.rty other th:in c.~::11 in r ~·turn !or hi.c cont.:r i-
bu ti on.
lS. uuucr tlm provi::aonc or tho ;,rticlcs of Li111itcu
P1l.rt:ncrchip, tho qnriot:~l p"rt1w.r!:: h:wc the :;pacific :ui::hority
to cnLcr into <rny agrcctntcntc pr-ovitl!r>q for the-m:ana~1umcnt,
n~la or othn:r (li!:poc.it:lon of partnur:,h p l\:JOC-t::: o.nd ~ny one
or more or ~\!Ch gcnur:tl p..'l.C"lttcr::: l1ru lUlthorizocl to cxccutu
;-tny and all documont1< nococc..'l.•"Y to convey or tran!lEnr ti tlc
to .my :mch a:.;:;ot!l, ::ubjcct t:o F.:-ticlc: lY. o( thn i'irtlclcc.
Dated thi:: lSth day of Augu~t. ~.D. 1980.
/,.1 j ) O:r r I J ~ "':..--""( •
. J ~~~
~_J'_ib_b~
n:1cda sh.:ici:t'cr -·--(IT -
LlMITr.o PhRTNERS
S'f;\TE OF COLORADO
COUtlTY m' GARE"I£LD
1'hc torc!J011l9 Ccrtifi.ciu:.c of Liinitcd l'11rtncr~hip wa:i
,.ulnsc:r .1.bcd and !Norn to before :nc thi:; l.J t h d.ly of i\ugu5t.,
."Juke Sh.:>c!!tc~ irnd Fricd<i Sh.:>cff<'r, a~ Liz:u.tcd l'nrtn<!r!!, of
B.J,M. J,td., a Linntcil Partncr!·~hi?.
IH'fNESS my hand irncl orfid.~l :;cal.
My conu:iission c>tp:it·c-:;:: 8/.:Jo/83
-3-
ao~l~or, Color~da
1111 W-1 ~\N Hl~ll~ll.\ WF.fallf.L+~~~.W~ I UI
Rec..,uontt: 721992
ct4126/2997 12;24:39 Pf! 8 : 1919 P:e063 Jean Al~~oy CO
1 of 7 Reo Fa•:$36 80 Ooo F-:0 ea ~Rl'lEU> c ........
SURFACE FACILITY EASEMENT
This EASEMENT AGREEMENT is made and entered into effective as of the 1st day of
May, 2007 (the "Effective Date") by and between BJM, Ltd., a Limited Partnership,
whose principal place of business is 408 Rifle Court, Broomfield, Colorado 80020
(hereinafter ''Grantor") and Antero Resources Pipeline Corporation, whose principal
place of business is 1625 17dt Street, Suite 300, Denver, Colorado 80202 (hereinafter
"Grantee").
WHEREAS, Grantor owns certain property (the ''Lands") located in the SW/4 Section
30-T6S-R92W Garfield County, Colorado that Grantee is interested occupying for the
purpose of installing, coostructing. operating and maintaining certain gas handling
facilities for collecting. separating, compressing, dehydrating, treating and/or processing
gas produced from wells into Grantee's pipeline system; and
WHEREAS, Grantor desires to grant an exclusive easement to Grantee for such purposes;
NOW, THEREFORE, in consideration of the mutual promises contained herein. the
receipt and sufficiency of which is hereby acknowledged, the parties enter into this
Easement Agreement ("Easement"} as follows:
1. Grant of Easem....E!!-Grantor hereby grants to Grantee, its successors and assigns,
a free and unobstructed easement described on Exhibit A, to lay, construct,
inspect, maintain, repair. operate, alter, replace, relocate, change the size of,
abandon in place and remove at will, in whole or in part, pipelines for the
traosponation of oil, gas, petroleum and other gases, fluids or substances which
can be transported through a pipeline and all appurtenant fucilities thereto,
including without limitation, all drips, valves, fittings, meters, aerial markers,
graphite and steel anodes and other devices for the control of pipeline corrosion,
and similar appurtenances as may be necessary or convenient in the operation of
said pipeline(s) over, across, tmder and upon the lands described in Exhibit A, for
the purposes of installing, constructing, operating and maintaining certain gas
handling facilities for collecting. separating, compressing, dehydrating, treating
and/or processing gas produced from wells into Grantee's pipeline system.
Grantee shall have the right to expand or contract the size of the Easement during
the tenn of the Easement, at its sole discretion, as long as such expansion or
contraction is confined to the five (5) acre site described on the attached Exhibit
A.
2. I.~ of Easement The tenn of the Easement shall be perpetual, from and after
the Effective Date, until cancelled in writing by Grantee.
3. Purpose of Eas n ent. This Easement is granted for the purpose of allowing
Grantee the right to install, construct. operate, repair and maintain, on the Lands, a
compression station, dehydration facilities, treating ftu;ilities, processing facilities,
SU1&c:I: EIScmalt Agreemea1
www oilmdnsfonn.1.9l!!J
1 --------------. ·---
1111 ~ l\~llrl.l'f» ~~ rfl. lrA'll1C~~IM. M\~ 11111
Reception~: 721992
84/26/2007 12:24:39 P!I B:1919 P .0064 Jean Albco•urNl~ co 2 of T Rea Fee,$36 .00 Dao Fee 0.00 GARFIELD ••
separation equipment, buildings, pipeline connections, tanks, buildings, and
fixtures necessary, in its judgment., for the safe and successful operation of the
facilities. Grantee shall have the full, free, and exclusive use of the surface of the
Lands during the tenn of this Easement, together with the right of ingress and
egress to and from the Lands, and from. over, and across other lands owned by
Grantor. The route of the access road to the Lands shall be agreed upon between
Grantor and Grantee, and Grantee shall construct and maintain such access road
from County Road 333 to the Lands at its sole cost and risk.
4. Equipment Ownership and Termination. All equipmen~ fixtures, and facilities
placed on the Lands by Grantee, shall be and remain the property of Grantee.
Grantee shall notify Grantor in writing if it wishes to terminate the Easement
Upon notification of termination of this Easement, Grantee shall have a
reasonable time, not to exceed 180 days, in which to remove all of Grantee's
equipment, fixtures, and faciliti~. However, Grantee shall be allowed to abandon
in-place all below groWld piping by purging such piping with inert gas, water or
mud and assigning such piping to Grantor. Following the tennination of this
Easement, Grantee shall restore the Lands, within reasonably acceptable industry
standards. to its original condition as required by all applicable rules, orders, laws
and regulations.
S. Taxes. Grantor shall pay the real C$tate taxes on the Lands. Grantee shall pay all
business property, personal property, ad valorem or other similar taxes assessed
against any structure, material, equipment, fixtures, and facilities placed on the
Lands by Grantee.
6. Site Maintenance. Grantee shall construct and maintain a secwity fence around
the perimeter of the Easement area where any of the above ground equipment is
located. The fencing material shall be approved by the Grantor. The access gate
shall be kept locked and ~ure when Grantee's personnel are not presenL The
color used for painting the facilities and used on the side of any buildings housing
the equipment shall also be approved by Grantor. The access road(s) to the site
shall be properly graded, drained, graveled and maintained by Grantee for the term
of the Easement Grantee sbaJI keep the Easement free and clear of all debris,
litter and noxious weeds. Grantee shall operate and maintain the Easement and all
equipment located on the Easement in accordance with all applicable rules, Jaws,
orders and regulations.
7. Access to Records. Grantor shaU have access to Grantee's construction. operation
and maintenance drawings and records, including any required reports, notices,
plans, tests or other docwnents during Grantee's normal business hours in the
office where Grantee maintains such records. However, Grantor may be required
to sign a Confidentiality Agreement prior to reviewin$ such data or information if
such information requested by Grantor is not within tl}e public domain.
~--~·. r· .... • -(· -.. ._.,.-.... .. .,...,. .. ..._ ... -, ~ni· '""n:...-:~· if.• ~.•'Jll'-r •;
8. Assignment This rights granted herein may be assigned in whole or in part.
9 . Covenant Running with the Land. This Easement, and all of its terms and
provisions shall extend to and be binding on the heirs, devisees, executors,
administrators, representatives, successors and assigns of Grantor and Grantee and
shaJl be a covenant running with the Land.
10. Liability and Indemnification. Grantee covenants and agrees to fully defend,
protect, indemnify and hold harmless Grantor, its officers, directors, partners,
principals. employees and agents, from and against any and all claims, demand or
cause of action and any associated liability, cost or expense (including but not
limited to reasonable attorney fees and costs incurred in defense of Grantor and its
agents), for any damages or losses incurred in connection with Grantee's
construction, operation or maintenance activities located on the Easement or upon
any of the equipment located thereon.
11. ~lj~on of~. This Easement shall be applied and construed in accordance
with Colorado law, without regard to the conflicts of laws principles thereof.
Additionally, Grantee shall comply with all applicable rules. orders and
regulations of the Colorado Oil & Gas Conservation Commission ("COGCC''), or
its successor organization, in connection with Grantee's opemtions upon the
Lands for the term of the Easement.
12. Recorded Document. This Easement shall be record~ by the Grantee, and a copy
of the recorded document shall be provided to Grantor.
(THE REMAINDER OF IBIS PAGE IS INTENTIONALLY LEFT BLANK)
Sllrfaco Easement~ www OOand:Mfonns com
•
1111 ~., l\~tu.IWi rH~ M~r.:rw.~~•uw 1111
Rec~Uon*l: 72199Z 9412612007 12:24 :39 PM B:t919 P:0066 Jaan Albe~~ CO 4 of 7 Rao Fae $36 .1110 Coo F-:0.l'JO GMFIEU> CO
.... .., ·~ ! .,. ~
In witness whereo~ Grantor and Grantee have executed this Agreement on the dates set
forth in the acknowledgments below.
GRANTOR:
BJM,LTD.
,
By: fk&d;.fki4. i, ~~
Name: Barlwa J. oms
GRANTEE:
ANTERO RESOURCES
PIPELINE CORPORATION
By: --41-L..~~i-....Ji:.-.-~'--'-""'CC.U
Name: Mark D. Mauz
Title: Vice President
ACKNOWLEDGMENTS
STAIB OF COLORADO §
COUNTY OF /Jt••• (,· ,f/:
The foregoing instrument is acknowledged before me this Z. ( It day of April, 2007, by
Bmbara J. Morris, on behalf ofBJM, Ltd.
Witness my hand and official seal. ~: ::,;,,,,,/~· / ./ ,u&lllN Ut~:.~ I •
My commission expires: /-1. 'Vl.#11 ~~ ~ ~~~OR D~'t~1
NotarYPilV ~~~~~~t··J.~6\ ii~ /;,]. 0 -~~~ %
STATE OF COLORADO
COUN'IY OF DENVER
§
§
§
D~ f"~ • -J• :o g s~1~1·1 1 111 a,1 ,:o ~ ,\~, ~; . .:,~~Jr~-§
qr~.··· ...... ~ .,_.. ,,~ ~1':~~.I· ... -~ .. ~ ,t
~ 3\1• ~"
The foregoing instrument was acknowledged before me this ~ day of April, 2007 by '"'''"'""'~"'
Mark D. Mauz as Vice President of Antero Resources Pi line Corporation on behalf of
said corporation.
Witness my hand and offici~ ~:fl!:
My commission expires: ~.!]
Surfacie Easement Agr=ncnt
gw.oiludpsfsmp.,.C9111
ALVY A. SCHOPP
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires OS/19fl007
,,... •: • °""".. ~ • , ;""Co r ...,... 11 ""•;
•
1111 "-i f\\ltP.M'~ai'r.M.1.t~~(l~F\:fii~.f' 11 ltl
Rec9')~ion*I: 721992 04/2612007 12 .24:39 Pft 8 :1919 P 1 ~67 Jean Alberico
6 of 7 Rao Fcte1$36 00 Doc Fee:OJ.0Q GARFIELD COUNTY CO
EXIDBIT A
(see attached survey plats)