HomeMy WebLinkAbout3f -XTO-WPX-HayesGulchRoadAccess-Executed-4-23-13ACCESS LICENSE AGREEMENT
For Road Use
THIS ACCESS LICENSE AGREEMENT FOR ROAD USE ("Agreement"), dated effective as
of the a3 day of Apr;1 , 2013, is made by and between Exxon Mobil Corporation, a
New Jersey corporation, and ExxonMobil Oil Corporation, a New York corporation, both
having an address of 16825 Northchase Drive, Suite 200, Houston, Texas 77060 ("Grantor") and
WPX Energy Rocky Mountain, LLC, having an office located at 1058 County Road 215,
Parachute, Colorado 81635 ("Grantee").
WITNESSETH:
For and in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants to
Grantee, for a period of five (5) years from the effective date hereof, a non-exclusive right to use
the existing road depicted on Exhibit "A", attached hereto and incorporated herein for all
purposes (the "Existing Road"), for the purpose of accessing Grantee's adjoining property and
well pad on Grantor's property in Garfield County, Colorado. Grantor additionally grants
Grantee the right to construct and maintain a new road of good and workmanlike quality that
connects to the Existing Road that will run in a generally northeast direction, west of State
Highways 6 &24, as also depicted on Exhibit "A" (the "Proposed New Road"). As used herein,
the term "Road" shall mean and refer to the Existing Road and the Proposed New Road.
The lands that are the subject of the above described grant of access are located in Garfield
County, Colorado, in SW1/4 SW1/4 of Section 6, Township 7 South, Range 95 West, 6th P.M.,
hereafter referred to as the "Subject Lands." Grantor reserves the right to the full use and
enjoyment of the Subject Lands, including the Road located thereon, except for the purposes
herein granted. Grantor does not grant Grantee any other access rights, easements or rights-of-
way across the Subject Lands except for the use of the Road.
The foregoing rights and privileges of Grantee are further conditioned upon the following:
1. DAMAGES: Grantee shall either repair or pay Grantor for damages (if any) caused by its
use of the Road or the Subject Lands relative to growing crops, buildings, general value of
the land, ditches, fences and livestock of Grantor or Grantor's surface lessee. Grantee shall
notify Grantor's surface lessee, Tony Pressler, 11347 Highways 6 & 24, Parachute, Colorado
81635, phone number (970) 285-1070 or (970) 640-3321, of any activity which may impact
Grantor's surface lessee's use of the Subject Lands and adjoining acreage. This provision
shall apply to subsequent surface lessees upon Grantee's receipt of notice from Grantor of the
new surface lessee. All gates of any kind or nature shall be kept by Grantee in the condition
in which they were found upon entry. If Grantee discovers an open gate, that is regularly
closed, then Grantee will close the gate and notify Grantor's surface lessee. If requested by
Grantor, Grantee will also install a cattle guard of sufficient size and substance to bear
Grantor and Grantee's traffic and to turn all livestock. Grantee shall not alter the natural
flow of any creeks, streams, or irrigation ditches relative to the Subject Lands.
Page 1 of 11
WPX Access License Agreement for Road Use
2. MAINTENANCE: The Road, and any fences, gates and other improvements or property of
Grantor impacted by Grantee's use or operations which are subject to this Agreement shall be
maintained by Grantee in as good condition as exists at the time of execution of this
Agreement. Grantor shall give Grantee notice of degradation or damage to the Subject
Lands, including, without limitation, the Road and any fences, gates and other improvements
or property of Grantor located thereon, caused by Grantee's operations. Within a reasonable
time after receiving written notice [not to exceed fifteen (15) days], if Grantee fails to repair
or restore the Road and any fences, gates or other improvements or property of Grantor to the
condition described above and Grantor performs remediation or restoration on the Subject
Lands, Grantee shall reimburse Grantor for all costs and expenses associated with such
remediation or restoration within thirty (30) days of receipt by Grantee of an itemized invoice
for such services. Grantee shall be responsible for all on-going maintenance and repair of the
Road. Nothing herein shall require Grantor to construct, improve or maintain, or to bear any
cost or expense to construct, improve or maintain the Road.
3. NON-EXCLUSIVE USE AND RESERVATIONS: This Agreement and all other rights
hereby granted are not exclusive to Grantee and are limited to the specific grant herein. This
Agreement does not, in any way whatsoever, convey any water rights or the right to use
water. Grantor reserves unto itself and its successors and assigns all rights not specifically
granted to Grantee herein. Grantor and its affiliates, contractors, agents and/or assigns may
use the Road without cost or expense.
4. AGRICULTURAL LIABILITY: Grantee shall take reasonable precautions to avoid damage
to agricultural operations on or adjacent to the Subject Lands. Grantee shall have and
assumes liability for all cattle, crops or chattel lost as a result of Grantee's operations on the
Subject Lands.
5. LIABILITY OF THE PARTIES: Grantee releases, acquits and discharges and covenants
and agrees to fully defend, protect, indemnify, and hold harmless Grantor, its officers,
directors, employees, affiliates, agents and/or assigns, from and against each and every claim,
demand or cause of action and liability, cost and/or expense (including but not limited to
reasonable attorney's fees and costs incurred in defense of Grantor, its officers, directors,
employees, affiliates, agents and/or assigns), for damage or loss in connection therewith,
which may be made or asserted by Grantee, Grantee's officers, directors, partners, members,
employees, affiliates, contractors, tenants/lessees, agents and/or assigns (collectively
"Grantee Entities"), or which may be asserted by any third party (including but not limited
to Grantor's officers, directors, employees, affiliates, contractors, tenants/lessees, agents
and/or assigns), on account of personal injury or death or property damage caused by, arising
out of, or in any way incidental to, or in connection with Grantee's use or occupancy of the
Road or the Subject Lands or Grantee's exercise of the rights granted hereunder, except to
the extent such damage or injury results from the actions of Grantor. Where personal injury,
death, or loss of or damage to property is the result of the joint actions of Grantor and
Grantee, Grantee's duty of indemnification shall be in proportion to its allocable share of
such action.
Page 2 of 11
WPX Access License Agreement for Road Use
Without limiting the breadth of the release and indemnity in the preceding paragraph, it is
expressly agreed that this indemnity obligation specifically includes, but is not limited to,
claims arising under the provisions herein entitled Agricultural Liability and Water and
Drainage, and all federal state and local laws, rules and regulations.
Neither party shall be liable to the other for any damages due to fire, lightning, earthquake,
flood, windstorm and other like casualty or other causes beyond its reasonable control, nor
for damages caused by public improvements or condemnation proceedings. Notwithstanding
the foregoing, neither party shall be required to settle a labor dispute against its will.
Grantee's use of the Road and the Subject Lands shall be at its sole risk and on an AS -IS,
WHERE IS, WITH ALL FAULTS BASIS. Grantor makes no representations or
warranties of any kind, oral or written, express or implied, concerning i) the Road, its
condition or stability, load bearing capability, turning radius on any of its turns, suitability for
any purpose or its safety, or ii) the Road's compliance or conformity with any applicable
standards, laws or regulations, to include, without limitation, those concerning health and safety
or road construction or operations. Grantee assumes any and all liability and responsibility
for and risk of bodily injury, death and loss or damage to person or property caused by, arising
out of, or in any way incidental to, or in connection with i) Grantee's use or occupancy of the
Road or the Subject Lands, or ii) any latent or patent defects, if any, in, on or under the Road.
As used herein, Grantee's use of the Road shall include use by the Grantee Entities and by
Grantee's business invitees or other visitors.
The terms and provisions of this Section 5 shall survive the termination of this Agreement.
6. LAWS, RULES AND REGULATIONS: Grantee shall, at its sole cost and expense, i) be
responsible for obtaining and/or maintaining any permits and/or licenses that may be required
to construct, repair, maintain and/or use the Road, and ii) comply with all federal laws, rules
and regulations as well as those of the State of Colorado and any other governmental
authority having jurisdiction over Grantee's activities on the Subject Lands.
7. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession,
transfer, purchase or sale of illegal drugs, narcotics, other unlawful substances and materials,
alcoholic beverages, firearms, or other weapons by Grantee Entities or by Grantee's business
invitees or other visitors while on the Subject Lands or adjacent lands and all such activity is
prohibited.
8. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject
Lands or adjacent lands and no such rights are granted by this Agreement.
9. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for
damages to water wells, water tables, natural springs and running watercourses and water
tanks within a one-quarter (1/4) mile radius of Grantee's operations conducted under or in
connection with this Agreement insofar as such damage can reasonably be determined to be
the result of Grantee's operations.
Page 3 of 11
\PX Access License Agreement for Road Use
10. NOTICE: Any notice, demand or communication to be given to Grantor or Grantee under
this Agreement shall be in writing and delivered in person, by fax or certified or registered
mail, postage prepaid, addressed to the party for whom intended as follows:
If to Grantors:
XTO Energy Inc.
Attn: Patrick Kunc, Landman
810 Houston Street
Fort Worth, TX 76102
(817) 885-2654 (phone)
(817) 885-1854 (fax)
If to Grantee:
WPX Energy Rocky Mountain, LLC
Attn: Bryan S. Hotard, Field Land Team Lead
1058 County Road 215
Parachute, Colorado 81635
(970) 263-2754 (phone)
(970) 285-2047 (fax)
Either party may give notice designating a different address to substitute for the one above
specified when necessary. Notice shall be deemed given upon receipt.
11 TERM: This Agreement shall terminate five (5) years from the effective date. Should
Grantee require continued use of the Road for the purposes herein stated after the expiration
of this initial five (5) year term, Grantee may, upon giving thirty (30) days' notice to Grantor
prior to the termination of the initial five (5) year term or any subsequent term, extend this
Agreement for successive periods of five (5) years each, subject to all the same terms and
conditions herein contained. Notwithstanding the foregoing, Grantor, at any time after the
initial five (5) year term, shall have the right to terminate this Agreement and all rights
granted to Grantee herein upon giving Grantee ninety (90) days' prior notice.
12. GOVERNING LAW: This Agreement and all matters pertaining hereto, including, but not
limited to, matters of performance, non-performance, breach, remedies, procedures, rights,
duties and interpretation or construction, shall be governed and determined by the laws of the
State of Colorado.
13. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and
Grantee and any prior oral representations, or understanding concerning this Agreement or its
subject matter shall be of no force and effect. This Agreement may be altered or amended
only by an instrument in writing signed by each party hereto.
This Agreement shall replace and supersede the prior agreement dated July 31, 2012 by and
between Exxon Mobil Corporation and ExxonMobil Oil Corporation as Grantor, and WPX
Energy Rocky Mountain, LLC as Grantee.
Page 4 of 11
\'VPX Access License Agreement for Road Use
This Agreement is subject to all contracts, leases, liens, easements and encumbrances or
claims of title which may affect the Subject Lands and nothing contained herein shall be
construed as a covenant or warranty against the existence of any thereof.
The terms and provisions of this Agreement shall extend to and be binding upon the parties,
their respective heirs, successors, legal representatives and third -party assigns; provided,
however, no assignment by Grantee of the rights or obligations hereunder shall be made
without Grantor's prior written consent, which shall not be unreasonably withheld. If
Grantor consents to such assignment, it shall not be effective until Grantor has received an
instrument or letter executed by Grantee and its assignee evidencing that such assignment has
occurred and that such assignee has assumed all the obligations hereunder. Notwithstanding
anything in this Agreement to the contrary, Grantee shall have the right, in its sole discretion,
to assign this Agreement to any affiliate or subsidiary following notice to Grantor of such
proposed assignment. The captions used herein are for convenience and are not intended to
have any substantive effect. All recitals are herein incorporated for all purposes.
This Agreement has been freely negotiated between the parties, who have equal bargaining
power, and the rule of construction that any ambiguities are to be resolved against the drafting
party will not be employed in interpreting or construing this Agreement.
14. WARRANTY OF TITLE: This Agreement is made without any representation or warranty
of title, or any other type of representation or warranty by Grantor, oral or written, express or
implied. It is expressly understood that i) Grantor has not undertaken to make any review of its
records or any other records to confirm Grantor's ownership of the Subject Lands, and ii)
Grantee, by its use or occupancy of the Road, has assumed any and all liability, risk and
responsibility associated with or related to (a) whether Grantor owns the Subject Lands,
or (b) whether Grantor has the right to grant the access provided herein. Grantee hereby
represents to Grantor that it has conducted such title and other research as is necessary to
confirm Grantor's ownership and Grantor's right to grant the access provided herein to Grantee.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year indicated
below but effective on the date first set forth above.
GRANTOR:
XTO ENERGY INC. as Agent and Attorney -in -Fact for EXXON MOBIL CORPORATION and
EXXONMOBIL OIL CORPORATION
By:/GCwk.� i mac( --Z
Edwin S. Ryan, Jr. e �`
Sr. Vice President — Land Administration
Page 5 of 11
WPX Access License Agreement for Road Use
GRANTEE:
WPX ENERGY ROCKY MOUNTAIN, LLC
B l/ �, ,1417:
Y�
Brya S. Hotarfit
Attorney -In -Fact
Page 6 of 11
\VPX Access License Agreement for Road Use
STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENTS
Before me, a Notary Public, in and for said County and State aforesaid, I do hereby
certify that Edwin S. Ryan, Jr. whose name is subscribed to the foregoing instrument as Sr. Vice
President — Land Administration of XTO Energy Inc. as Agent and Attorney -in -Fact for
Exxon Mobil Corporation and ExxonMobil Oil 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 9,3day of
My Commission Expires:
(SEAL)
I 22 /it,
STATE OF COLORADO )
COUNTY OF GARFIELD )
s.
, 2013.
"`
DEDRA L. NUNEZ
* Notary Public
STATE OF TEXAS
My Camm, ExP• 01/28/2016
Before me, a Notary Public, in and for said County and State aforesaid, I do hereby
certify that Bryan S. Hotard whose name is subscribed to the foregoing instrument as Attorney -
in -Fact of WPX Energy Rocky Mountain, LLC 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 c2? day of r," , 2013.
My Commission Expires: 05//6/90LS
(SEAL)
JUSTIN R. HALL
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 05/16/15 Page 7 of 11
WPX Access License Agreement for Road Use
(„Y 2/4"
Notary Public
Exhibit "A" (1 of 4)
Attached to and made a part of that certain ACCESS LICENSE AGREEMENT FOR ROAD
USE dated Q r.'/ 2 3 , 2013 by and between Exxon Mobil Corporation, a New
Jersey corporatibn and ExxonMobil Oil Corporation, a New York corporation and WPX Energy
Rocky Mountain, LLC
MINT MAP CC
NEW & OLD ACCESS EASEMENT
A TRACE OF LAT 0 SITUATED IN OF SECTION 6, TOWNSHIP 7 SOUTH, RANGE 9S V/ESTOFTHE 6TH P.M,
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 1 OF 2
APPARENT PRESCRIPTIVE -ACCESS EASEMENT, EXISTING ROAD (SHADED)/ 5/,.//
'OLO EASEMENT'
VEST QUARTER CORNER
SECTION 6
REC. NO. 257699
SOUTHKST CORNER SECTION 6
N 00'5411' W BASIS OF BEARING
N
Oq
FC
N \O
0' ACCESS EA SEM
\NEW EASEMENT'
DESCRIBED CENTERLINE
RQC, �\
. NO. 308561
POINT OF BEGINNING
COLORADO DEPARTN.1E' /OF
PROJECT NO. 1 70-1( y) SEC. 7
SCALE 1" = 200'
PORTA71ON
POD7OF TERMINUS
LINE TABLE
LINE
LENGTH
BEARING
L3
21.93
S30'47'04'E
L4
76.36
S08'36'09'E
L5
14,31
S80'54'5 VE
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
BEARING
DELTA
08
152.92
395.00
77.43
151.97
519'41'37'E
2210'55'
C4
347.07
275.00
200.95
324.49
544'45'31*E
7218'44'
C5
94.49'
120.00'
49.85'
92.07'
N76'31'35'E
45'07'02'
C6
108.31'
120.00'
58.16'
104.67'
N79'49'32'E
51'42'54'
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SURE A3
088809DAIE, COLORADO 81621
(970) 704-0311SOPRISENG@SOPRISENG.COM
10015 08K 11AU11 M:\3O0Nna11U)13LR0AD EAS FMENTAD)OINER OESGUPTI DY5110015 MAD EASEMENT DWG
Page 8 of 11
WPX Access License Agreement for Road Use
Exhibit "A" (2 of 4)
Attached to and made a part of that certain ACCESS LICENSE AGREEMENT FOR ROAD
USE dated , 2013 by and between Exxon Mobil Corporation, a New
Jersey corporation and ExxonMobil Oil Corporation, a New York corporation and WPX Energy
Rocky Mountain, LLC
EXHIBIT MAP OF:
NEW & OLD ACCESS EASEMENT
A TRACT OF IAND SITUATED R1 OF SECTION 6, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET OF
ACCESS EASEMENT DESCRIPTION
AN 80 FOOT ACCESS EASEMENT SITUATED WITHIN THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED
AS RECEPTION NO, 308561 OF THE GARFIELD COUNTY RECORDS. SAID EASEMENT ALSO SITUATED IN
SECTION 6, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD. BASIS OF BEARING FOR THIS EASEMENT I5 N.00'54'11"W. FROM THE SOUTHWEST CORNER OF
SAID SECTION 6 TO THE WEST QUARTER CORNER OF SAID SECTION 6. SAID EASEMENT BEING FORTY FEET ON
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE COMMON BOUNDARY OF SAID PROPERTYAND THE PROPERTY DESCRIBED IN
THE WARRANTY DEED RECORDED AS RECEPTION NO, 257699 OF THE GARFIELD COUNTY RECORDS, SAID
POINT ALSO BEING ON THE CENTERLINE OF THE WILCOX CANAL AS DESCRIBED IN SAID DOCUMENT
RECORDED AS RECEPTION NO. 308561 FROM WHENCE THE SOUTHWEST CORNER OF SAID SECTION 6 BEARS
S.22'49'33"W., A DISTANCE OF 980.19 FEET; THENCE LEAVING SAID COMMON BOUNDARYAND SAID CANAL
CENTERLINE AND ALONG SAID EASEMENT CENTERLINE THE FOLLOWING TEN (10) COURSES:
1) 5.30'47'04"E., 21.93 FEET;
2) 152.92 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS 0E395.00 FEETAND A
CENTRAL ANGLE OF 221.0'55" (CHORD BEARS S.19°41'37"E.,151,97 FEET);
3) 5.08'36'09°E., 76.36 FEET;
4) 347.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEETAND A CENTRAL
ANGLE OF 72'18'44° (CHORD BEARS 5.44'45'31°E., 324.49 FEET);
5) 5.80'54'54"E.,14.31 FEET;
6) 94.49 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEETAND A CENTRAL
ANGLE OF 45'07'02° (CHORD BEARS N.76'31'3S"E., 92.07 FEET;
7) 108.31 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1.20.00 FEET AND A
CENTRAL ANGLE OF 51.42'54" (CHORD BEARS N.79'49'32"E., 104.67 FEET) TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. 170-1(45) SEC. 7, THE
POINT OF TERMINUS FROM WHENCE SAID SOUTHWEST CORNER BEARS 5.61°58'39°W., A DISTANCE OF
1,007,38 FEET.
LIMITS OF EASEMENT TO BE EXTENDED OR TRIMMED TO BEGIN OR TERMINATE ON THE REFERENCED
BOUNDARY UNES.
SAID EASEMENT CONTAINS 65,123 SQ. FT. -Y. 1.495 ACRES +/-.
SOPRIS ENGINEERING - LLC
CML CONSULTANTS
502 MAIN STREET, SUITE A3.
CARBONDALE, COLORADO81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
10015 CRC 1lA04/11 M:i30933+.-es1100151.1OAD EASE/4 ENTADIOINER DESC JPTIOHS\f0015 ROAD EASEM EM, DWG
Page 9of11
WPX Access License Agreement for Road Use
Exhibit "A" (3 of 4)
Attached to and made a part of that certain ACCESS LICENSE AGREEMENT FOR ROAD
USE dated , 2013 by and between Exxon Mobil Corporation, a New
Jersey corporation and ExxonMobil Oil Corporation, a New York corporation and WPX Energy
Rocky Mountain, LLC
EXHIBIT' MAP OF:
ACCESS EASEMENT
A TRACT OF LAND SITUATED IN OF SECTION 6, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 1 OF 2
SOUTNNEST CORNER
SECAON 6
REC, NO. 257699
N 005411• W BASIS OF BEARING
1287.93'
POINT OF BEGINNING
SOUTHNEST CORNER SECTION 6
BEARS S 22'49.33'W, 980.19 FEET
•
NEST QUARTER CORNER
SECTION 6
•
80' ACCESS EASEMINr
PONT OF TERMINUS
REC. NO. 308561
SCALE 1" =100'
C
LINE TABLE
UNE
LENGTH
BEARING
Ll
212-96
S55'39'19"E
1.2
127.71
530'47'04'E
CURVE TABLE
CURVE
LENGTH
RADIUS
TANGENT
CHORD
BEARING
DELTA
C1
61.09
650.00
30.57
61.07
S52'57'46'E
573'07'
C2
162.76
375.00
62.69
161.50
S43413'12'E
24'5215'
SOPRIS ENGINEERING - LLC
CMLCONSULTAYTS
502 M41 N STREET, SUITE M
CARBONDALE, COLORADO B1623
(970) 704-0311 SOPRISENG6SOPRISENG.COM
10715 O7h7/11 M:13deOdytA100IESOAD EASEM ENT ADJONERDESCR?TICIM Ml5 ROAD EASEMENT.DWG
Page 10 of 11
WPX Access License Agreement for Road Use
Exhibit "A" (4 of 4)
Attached to and made a part of that certain ACCESS LICENSE AGREEMENT FOR ROAD
USE dated , 2013 by and between Exxon Mobil Corporation, a New
Jersey corporation and ExxonMobil Oil Corporation, a New York corporation and WPX Energy
Rocky Mountain, LLC
EXHIBIT MAP OF:
ACCESS EASEMENT
A TRACT OF LAND ST(UATEO IN OF SECTION 6, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 61H P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 2OF2
ACCESS EASEMENT DESCRIPTION
AN 80 FOOT ACCESS EASEMENT SITUATED WITHIN THE PROPERTY DESCRIBED IN THE WARRANTY DEED
RECORDED AS RECEPTION NO. 257699 OF THE GARFIELD COUNTY RECORDS. SAID EASEMENT ALSO
SITUATED IN SECTION 6, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF GARFIELD. BASIS OF BEARING FOR THIS EASEMENT 1S N.00'5411"W. FROM THE SOUTHWEST CORNER OF
SAID SECTION 6 TO THE WEST QUARTER CORNER OF SAID SECTION 6, SAID EASEMENT BEING FORTY FEET ON
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT ON THE BOUNDARY DESCRIBED IN SAID WARRANTY DEEDANDTHE WESTERLY
BOUNDARY OF SAID SECTION 6, WHENCE SAID SOUTHWEST SECTION CORNER, BEARS S.00'34'11'E., A
DISTANCE OF 1,287.93 FEET; THENCE LEAVING SAID BOUNDARY AND ALONG SAID CENTERUNE THE
FOLLOWING FOUR (4) COURSES:
1) 61.09 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND A CENTRAL
ANGLE OF 05°23'07' (CHORD BEARS S.52'57'46"E., 61.07 FEET);
2) 5,55'39'19'E,, 212.96 FEET;
3)162.78 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 375.00 FEET AND A CENTRAL
ANGLE OF 24'52'15' (CHORD BEARS 5.43'13'12°E.,16150 FEET);
4) 5,30'47'04"E., 127.71 FEET TO A POINT ON THE COMMON BOUNDARY BETWEEN THE PROPERTY
DESCRIBED IN SAID WARRANTY DEED AND PROPERTY DESCRIBED IN THE DOCUMENT RECORDED AS
RECEPTION NO. 308561 OF THE GARFIELD COUNTY RECORDS AND THE CENTERLINE OF THE WILCOX CANAL
AS DESCRIBED IN SAID DOCUMENT, THE POINT OF TERMINUS, FROM WHENCE SAID SOUTHWEST SECTION
CORNER BEARS S.22'49'33'W., A DISTANCE OF 980.19 FEET.
LIMITS OF EASEMENT TO BE EXTENDED OR TRIMMED TO BEGIN OR TERMINATE ON THE REFERENCED
BOUNDARY UNE.
SAID EASEM ENT CONTAINS 45,296 SQ FT. OR 0.40 AC. +/-
SOPRIS ENGINEERING - LLC
CRL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO fun
(970) 7O4-0311SOPRSENDOSOPRLSEhG.COM
10015 0747/11 M' 3060dw9s11001SLROAD EASEMENTADIOINER DESCRIPTIONS11CO1S EDAD EASEMENT.0W3
Page 11 of 11
WPX Access License Agreement for Road Use