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Home My WebLink AboutAmendment of Grant of Site Easement 08.19.2005AMENDMENT OF GRANT OF SITE EASEMENT State: Colorado County: Garfield KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, under the date of August 25, 2003, William F. Clough, ("Surface Owner") and Williams Production RMT Company ("Operator"), with Surface Owner and Operator collectively called the "Parties" did execute a Grant of Site Easement (the "Easement"); and, WHEREAS, it is the desire of the Parties to amend paragraph 1 of the Easement and add the following tract of land to the existing Anvil Points Evaporation Pond as described on the attached Exhibits "A". NOW, THEREFORE, in consideration of the premises stated herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by the Parties hereto, it is agreed: The amended paragraph 1 of the Easement shall be and is hereby agreed to by the Parties to include the additional acreage as described in attached Exhibit "A". The Parties agree that the Agreement is hereby amended as to paragraph 1 along with the insertion of the attached Exhibit "A". All other terms and conditions of the Easement remain unaltered and are in full force and effect as of the date hereof; and, This Amendment of Grant of Site Easement shall be binding on any and all successors and assigns of the Parties. The Parties hereto have executed this Agreement this I`I day of August, 2005. Surface Owner By: Operator Williams Production RMT Company By: tt Attorney -in -Fact Exhibit A Attached to and made a part of that Amended Grant ask Easement from W F. Clough , to Williams Production RMT Company Rulison Evap dated August _, 2005. CSA Job No. 05-06-142 LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED WITHIN THE S It OF THE NORTHWEST QUARTER OF SECTION 20, T.6. S., R. 94. W., FOR W.E.b P. / RULISON EVAP A parcel lying within the S It of the Northwest Quarter of Section 20, Township 6 South, Range 94 West 6th Principal Meridian, Garfield County, Colorado. The boundary thereof being more particularly described as follows: COMMENCING at the West Quarter corner of said Section 20, T6 S, R94W, 6th PM, (a H.L.M. Brass Cap), running thence North 88° 23'32" East 311.66 feet more or less to the POINT OF BEGINNING; thence North 01° 36' 28" West a distance of 383.00feet; thence North 88° 23'32" East a distance of 620.92 feet more or less to a point which lies on the centerline of Highway 246; thence South 35° 59' 27" East along said highway centerline a distance of 464.08 feet more or less; thence South 88° 23'32" West a distance of 883.00 feet more or less to the POINT OF BEGINNING. Said Parcel of land Contains 287,931.60 sq ft and having 6.61 acres, more or less. Also Less and Accepting the road Right -of -Way for Highway 246 (Anvil Point Road) Page 2 of 1 Page 1 of 1 STATE OF COLORADO ) ) COUNTY OF GARFIELD ) On the 1 day of August, 2005, personally appeared W. F. CloneIE to me known to be the person_ described in and who executed the foregoing instrument and acknowledged that he executed same as his free and voluntary act and deed for the uses and purposes therein set forth. Witness my hand and official seal the day and year first above written. My Commission Expires: 4 • ! ` aao OLutitrig (SEAL) ota Public STATE OF COLORADO COUNTY OF DENVER ) ) ) SANDRA CUMMINGS•HOTARD NOTARY PUBLIC STATE OF COLORADO My Cornrnkesion Expires 04,1912008 Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that )oseph P. Barrett, whose name is subscribed to the foregoing instrument as Attornev-In-Fact of Williams Production RMT Company, a corporation, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this .2' day of August, 2005,2 C My Commission Expires: 2/ I (SEAL) Notary * ublic 11111111111E11 1111! 1lE11 ! 11�«i1 l!{ !!11111111!!1 836424 08/12/2003 01s03P 10518 P14 11 ALSDORF 1 of 4 R 21.00 D 0.00 GRR1=IELD COUNTY CO GRANT OF SITE EASEMENT LO u G (ANVIL POINTS EVAPORATION POND) JL This GRANT OF SITE EASEMENT is made as of this' ''1 day of August, 2003, by William F. Clough ("Grantor"), with an address of P.O.Box 686, Rifle, CO 81650, to Williams Production RMT Company ("Grantee"), with an address of 1515 Arapahoe Street, Tower Three, Suite 1000, Denver Colorado 80202. 1. Grant ofEsasesnent, In consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants to Grantee, its successors and assigns, a perpetual, right, privilege and easement to construct, inspect, replace. reconstruct, modify, operate, maintain, improve and repair an evaporation pond and appurtenances thereto ("Anvil Points Evapprion, Pond") on a parcel of land Iocated in the W12 of Section 20, Township 6 Sotith, Range 94 West, 6th P.M., Garfield County, Colorado and more fully described on the plat attached as Exhibit "A" to this Grant of Site Easement (the "Easement Property"). 2. Right to )inter. Grantor further conveys to Grantee, its successors and assigns forever, the right of ingress and egress over and across the lands of Grantor to and from the Easement Property and the right to clear and keep cleared all trees, bushes, undergrowth and other similar obstructions as may be necessary for Grantee's use and enjoyment of the Easement Property for the purpose of constructing, inspecting, replacing, reconstructing, modifying, operating, maintaining, relocating or repairing the Anvil Points Evaporation Pond. 3. Annual Pavytents. Grantee shall pay Grantor an annual payment of $250.00 commencing September 2, 2003 and terminating either upon permanent abandonment of the Anvil Points Evaporation Pond by Grantee or written relinquishment by Grantee of the easement rights granted by this Grant of Site Easement. 4. Damages. The consideration paid by Grantee and received by Grantor includes full and final payment for any and all damages to the land, growing crops, pasturage, timber, fences, buildings, or other improvements of Grantor resulting from the exercise of the rights herein granted during initial construction of the Anvil Points Evaporation Pond. Grantor waives the right to collect any further or additional damages in any way arising or resulting from the exercise of the rights herein granted during initial construction. Grantee does agree, however, to pay for actual damages to growing crops, pasturage, timber, fences, buildings, or repair of the Lasement Property or improvements thereon after its initial construction of the Anvil Points Evaporation Pond, except Grantee shall not be liable for damages resulting from keeping the Easement Property clear of trees, undergrowth, and brush to the extent Grantee deems necessary in the exercise of the rights herein granted. 5. Use of Easement. Grantor shall have the right to use and enjoy the Easement Property, but shall not exercise the use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of the rights herein granted. 6. Government Approvals. Grantor shall cooperate, at no expense to Grantor, with Grantee in its effort to obtain all certificates, licenses, amd other approvals that may be required by any federal, state or local authority to construct or maintain the Anvil Points Evaporation Pond. Please return to: Ms. Annette Apperson Williams Production RMT Company pr 1515 Arapahoe St., Twr 3, Suite 1000 \\ Denver, CO 10202 b2'd LLL'ON w t4� Q02td SWeI11IM Wdt0:21 St '12' ! 0' 11111111111111111111111111111111 l!'II 1,, . ]l II 11111111 636424 09/12/2003 01�03P Silsla P16 M RI.SDORP 2 of 4 R 21.00 0 0.00 GRRFIELD COUNTY CO 7. Subordination. Grantee shall have the right w discharge or redeem for Grantor, In whole or in part, any mortgage, tax or other lien on the Easement Property and thereupon be subrogated to such lien and rights incident thereto. 8. Grantor Representation. Grantor represents that it is the fee simple owner of the Easement Property subject only to those encumbrances, covenants, conditions and restrictions of record, and Grantor has the tight and authority to grant this Grant of Site Easement. 9. $ipdina_Effect. The rights, covenants, agreements and conditions in this Grant of Site Easement shall be covenants running with the land and shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. 10. Assignment. The rights of the Grantee may be assigned in whole or in part. 11. Complete Agreement. There are no other or different agreements or understandings between Grantor and Grantee or its agents, and Grantor in executing and delivering this Grant of Site Easement has not relied upon any promises, inducements or representations of Grantee or its agents or employees, except as set forth herein. Grantor executes this Grant of Site Easement as of the date set forth above. GRANTOR GRANTEE William F. ough -- b/E'd LLL'ON Williams Production RMT Company By: N:... rile: .LWZI Odd Sl.kiIT1IM Wdttr:2T S002'2.2• dd AMU 11111 INN 11111 11111 111111111L..1; IIIA Illi lIli 635424 09/12/2003 01:03P 81928 P16 11 RLSDORP 3 of 4 R 21.00 D 0.00 GRRFIELA COUNTY CO STATE OF COLORADO ) COUNTY OF GARFIELD ) On the gity of Ajusil , 2003, personally appeared Ifi //i`s... C diou9,4 to me known to be the person_ described in and who executed the foregoing instrument and acknowledged that _he_ executed same as fii f free and voluntary act and deed for the uses and purposes therein set forth. Witness my hand and official seal the day and year first above written. My Commission Expires: 4//6/61.3 ( d" (SEAL) Notary Public STATE OF COLORADO COUNTY OF DENVER *Commission EON 0M1612Op3 Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that Joseph P. Barrett whose name is subscribed to the foregoing instrument as Attorney -in -Fact ofWilliams Production INT Co. , a corporation. appeared before me this day in person and acknowledged that he executed said instrument as hes free and voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 25 da of i.. 003. My Commission Expires: 5/21/2007 (SEAL) ' otary Pub is Patti E. Rives Reason 1 Clough Grant Site Easement Ew:p 1bnd.do. -3- b'b'd 124'O14 1418 QONd SIAWTIIM WditP:2T 5002'L2'?dti . RPR.27.2605 12:39Pt1 WILLIAMS PROD Rini NO.776 P.22 1111111 1101.11I111011111111111111111111111111111t. 638424 09/12/2003 01:03P B1318 P17 M ALSDORF 4 of 4 R 21.00 d 0.00 GARFIELD COUNTY CO sxr11B1T "A" ANY11. P01NT5 QVAPORATION POND ON CLOUGH PROPERTY Attached to and made a part of that certain Grant of Site Easement dated Lict qa-e 2-S° , 2003, between William . Clough, Grantor, and Williams Production RMT Company, Grantee PA.I3. 1 11E N 00.41'39" W 1� 99.33' t. if 1,EGA1. DESCRlUip A parcel of land located 1n the W1/2 of Sectlan 20. 'Township 6 South, Range 94 West of the Sixth Principle Meridian, Garfield County, Colorado, and being mare particularly described os fellows Beginning at a point on the wool Zine of said Scatter' 20. %hence the W1/4 comer of said Section 20 bears N 00'41139. W a dietaries of 99.33 fetch thence 5 00.41'39' E along the west line of sold Settlors 20 a distance of 1008.89 feat; thenar 5 84'01'51' C. a dlatonee of 987.01 foot: thence N 54'08'32' e a distance of 1148.61 fest to a paint an the west right—of—soy of Anvil Paints Road (County Road 0246), thsnca N 35 '5..1''2e" W along said right--af—way, a distance of 1693.19 feet= thence 5 84'06'32' W o distance of 10.31,87 feet to the point of beginning, cant0hling 52.54 acres mora or lase. WiIb#a CONSTRUCTION SURAW6, NC. 0012 5AR18T MAC. 1058 COUNTY ROAD 215 SILT, CO bI6B2 PARACHUTE~. COLORADO, 131635 l9'1 Vir16-5'1133 Williams. tr•V:# FACSIMILE COVER SHEET WILLIAMS PRODUCTION RMT COMPANY 1515 Arapahoe Street, Tower 3, Suite 1000 Deriver, Colorado 80202 Telephone: (303) 606-4349 Fax: (303) 629-8281 DATE: April 27, 2005 TO: Brad Moss COMPANY: Williams Production RMT Company FAX NO: (970) 285-9573 FROM: Annette Apperson Land Department (303) 606-4349 NO. OF PAGES (INCLUDING THIS COVER PAGE): & 3 COMMENTS: Evap Pond Annette CONFIDENTIALITY NOTE: This facsimile is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure, Dissemination, distribution or copying of this ratan herein by anyone other than the intended recipient is prohibited. If you have received this facsimile in error, ' lease notify the sender immedia i by tel . hone and return the facsimile by mail. d/T'd 1 LLL' ON 1W8 QOZId SWUITIIM WdTP:21 S602'L2'8dti