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HomeMy WebLinkAbout1.03 Deeds and EasementsDeeds and Easments ■ HUNTER RIDGE ENERGY SERVICES LLC Lease Documents 111111111111111111111111111111111111111111111 Lease Number: q2 l 5n 0013 County: tree (� Document Date: I - -12 State: (', Lease File/Lease Document Types: ❑ Title/Misc. ❑ Draft ❑ Lease Ownership Report ❑ Deed/Legal ❑ Plat ❑ Miscellaneous Titie ❑ Chain of Titie ❑ Aftidavit ❑ Run Sheets ❑ Demand Letter Documentation ❑ Rentals/Accounting ❑ Check with Detail Stub ❑ Mail Contirmation ❑ Fed Payment Info/Receipt ❑ Invoices ❑ Shut-in Payment Information ❑ Refunds ❑ Rental Recommendations ❑ Misc. Payment Info Lease ❑ Unrecorded Lease ❑ Recorded Lease ❑ Ratitication ❑ BLM Notification ❑ Amendment ❑ Stipulation ❑ Extension ❑ Release ❑ Unit Information ❑ Misc. Lease ❑ Memorandum of Lease ❑ Data Sheet ❑ Non EnCana Data Sheet ❑ EnCana Data Sheet ❑ Lease Purchase Report ❑ Assignments ❑ Fed. — Record Title ❑ Fed. — Operating Rights ❑ Oveniding Royalty ❑ Assignment OGL ❑ BLM Approval ❑ Misc. Assignment ❑ Correspondence ❑ Correspondence Submitted by:rek V-edct{4Q 1111 WI MAN* 11111 Reception#: 826876 11/13/2012 03:43:16 PM Jean AlbericO 1 of 12 Rec Fee:$56.00 Doc Fee:0.00 GARFIELD COUNTY CO SHORT FORM OF SURFACE LEASE FOR STORY BOOSTER STATION STATE OF COLORADO COUNTY OF GARFIELD THIS SHORT FORM OF SURFACE LEASE FOR STORY BOOSTER STATION ("Short Form Lease") is executed effective as of November 1, 2012 (the "Effective Date"), by and between Encana Oil & Gas (USA) Inc., whose address is 370 17th Street, Suite 1700, Denver, Colorado 80202 ("Lessor"), and Hunter Ridge Energy Services LLC, whose address is 370 17t Street, Suite 1700, Denver, Colorado 80202 ("Lessee"). RECITALS A. Lessor is the owner of the surface estate of the parcels of real property more particularly described on Exhibit A attached hereto (hereinafter referred to as the "Surface Estate") and as depicted on the aerial photographs attached hereto as Exhibit B. B. The Surface Estate is located within the boundaries of a larger tract of land owned by the Lessor as more particularly described on Exhibit C (the "Property"). C. Lessor owns and operates a compressor facihty located on the Surface Estate commonly known as the Story Booster Station together with all facilities, tixtures, machinery, equipment, and other personal property associated therewith and the concrete foundation or form on which such compressor facility is located, including without limitation, inlet slug catchers, inlet scrubbers, compressors, coolers, associated piping, and any sub -systems such as fuel gas regulation, liquid storage tanks, vapor recovery unhs, electric power generators, pumps, and associated insti-umentation and controls (as the same may from time to time be altered, modified, improved, relocated or otherwise changed, collectively the "Facility"). D. Concurrentiy with the execution and delivery of this Short Form Lease, Lessor assigned the Facility to Lessee and the Lessor agreed to lease to Lessee the Surface Estate for purposes of operating and maintaining the Facility pursuant to the terms and conditions of this Lease. AGREEMENT 1. Surface Lease Agreement. This Short Form Lease is part of and shall be construed in connection with that certain Surface Lease for Story Booster Station dated effective as of November 1, 2012 (the "Surface Lease," and collectively with this Short Form Lease, the "Lease"). Nothing stated herein shall expand or diminish the rights granted under the Surface Lease. Reference should be made to the Surface Lease for the additional rights and obligations of Lessor and Lessee. In the event of any conflict between the terms of this Short Form Lease and the Surface Lease, the terms of the Surface Lease shall control. 2. Grant. a. Pursuant to the Surface Lease and as further set forth herein, Lessor leases to Lessee and Lessee hereby leases from Lessor, on a non-exclusive basis, the Surface Estate for the purpose of maintaining, inspecting, altering, repairing, operating, protecting, replacing or removing the Facility. 1111 Biro.N .14.nroo i u meivellli 11111 Reception#: 826876 11/13/2012 03:43:16 PM Jean Alberico 2 of 10 Rec Fee:$66.00 Doc Fee.0.00 CARFIELD COUNTY CO b. Lessee shall have the rights of ingress and egress to access the Surface Estate only on existing roads located on the Property, as marked and idemitied on the attached Exhibit C (the "Access Roads"). Notwithstanding the foregoing, in the case of an emergency (as reasonably determined by Lessee) Lessee may access the Surface Estate via any access that Lessee deems reasonably necessary given the circumstances, in which case Lessee shall give notice to Lessor promptly of such alternate access. c. It is understood that the rights granted to Lessee in the Lease are granted on a non-exclusive basis and that Lessor shall retain and reserve any and all property rights not leased to Lessee under the Lease, including, without limitation, Lessor's reasonable use of the Surface Estate for Lessor's oil and gas operations and the right to grant to third parties concurrent leases to the Surface Estate, provided Lessor shall use its reasonable efforts to limit any use of the Surface Estate that would materially interfere with Lessee's use of the Surface Estate as authorized under the Lease. The Parties agree to consult in good faith to reasonably accommodate each other's operations on the Surface Estate. Each Party shall provide the other Party with fifteen (15) days prior written notice before conducting any operation that may materially affect or interfere with the other Party's rights in and to the Surface Estate. Lessor and Lessee each represents and warrants that it has the full right and authority to enter into the Lease. d. The Lease is effective commencing on the Effective Date and shall expire at 11:59 P.M. on the day immediately preceding the ninety-ninth (99th) year anniversary of the Effective Date, unless (i) Lessee, or any of its successors or assigns, ceases operation of the Facility for a period of twelve (12) consecutive months (in which case the Lease shall expire on the last day of the calendar month following such period of non -operation), provided that, in the event of any casualty, condemnation or force majeure event, such twelve month period shall be extended on a day for day basis during the period of time that Lessee is diligently undertaking design, development or construction activities, or otherwise pursuing restoration of the Facility in connection with a casualty or condemnation relating to the Facility, or during the period of time in which Lessee, the Surface Estate or the Facility are subject to a force majeure event, or (ii) the Lease is terminated sooner pursuant to the terms hereof (the "Initial Term"). The Lease shall extend on an annual basis for so long after the Initial Term as Lessee continues to use the Surface Estate for the use of the Facility with no cessation of operation of the Facility for a period of twelve (12) consecutive months and otherwise complies with the terms and conditions of the Lease (the Initial Term, as extended, the "Term"). e. Lessee shall not assign or sublease all or any portion of the Lease, other than Permitted Assignments (as detined below), without the express written consent of Lessor, which consent shall not be unreasonably withheld. In connection with a Permitted Assignment described in subsections (1) and (2) below, or if consent is granted to an assignment that is not otherwise a Permitted Assignment, the assignee or sublessee must assume the Lessee's obligations under the Lease that accrue from and after the date of such assignment or sublease (provided that Lessee continues to be responsible for obligations that accrue prior to such date of assignment or sublease unless such assignee also assumes such obligations as well) and agree to assume, and become bound by, the terms and conditions of the Lease. The Lease shall be binding upon and inure to the benetit of Lessor and Lessee, their respective legal representatives, successors and assigns. Notwithstanding anything to the contrary contained herein, Lessee may, at any time and from time to time, and without the consent of Lessor (each, a "Permitted Assignment"): (1) Transfer, sell or otherwise convey all or any portion of Lessee's rights and interests under the Lease to an aftiliate of Lessee; and 1111 ' NIMMAW I6 KWh.11111 Reeeption#. 826876 11/1312012 03:43:16 RR Jean Alberico 3 of 10 Rec Fee:$56.00 floc Fee:0.00 GARFIELO COUNTY CO (2) In connection whh the sale of all (or substantially all) of Lessee's assets, transfer, sell or otherwise convey all of Lessee's rights and interests under the Lease to a buyer of such assets. 3. Survey. Prior to the first anniversary of the Effective Date and at Lessor's sole cost and expense, Lessor shall obtain an as-buih survey of the Surface Estate (the "Survey"). Effective upon delivery of a copy of the Survey to Lessor, Exhibh A as attached to this Short Form Lease shall be replaced in its entirety with the Survey and the Survey shall be made a part hereof, The Short Form Lease with the Survey attached as a new Exhibit A shall be recorded in the real property records of Garfield County, Colorado. 4. Successors and Assigns. The Lease shall run with the land and shall inure to the benefit of and shall be binding upon Lessor and Lessee, and their respective legal representafives, successors and assigns. [Signature Pages to Follow] 3 1111 EhPaillkI +ACCIO KriNIM144.1111111111 Reception#: 826876 11/13/2012 03:43:15 PM Jean Alberico 4 of 10 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Lessor and Lessee have executed this Short Form of Surface Lease for Story Booster Station effective as of the Effective Date. LESSOR: ENCANA OIL & S (US ) INC. By: Name: Ricardo D. Gallegos Title: Vice President STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 31st day of October, 2012, by Ricardo D. Gallegos as Vice President of Encana Oil & Gas (USA) Inc., a Delaware corporation. Witness my hand and ofticial seal. My Commission Ex (Seal PATRICIA FLANIGAN NOTARY PUBLIC STATE OF COLORADO Commiss:on Expires 0511712015 Notary Public [signature pages to Short Farm ofSurface Lease for Story Booster Station continued on next page] 1111 !A 1114. h104 111111160011 11 Ii 1 Reception#: 826876 11/1312012 03:43:16 PM Jean Alberico 5 of 10 Rec Fee:$56.00 Roc Fee:0.00 GARFIELD COUNTY CO LESSEE: HUNTER RIDGE ENERGY SERVICES LLC By: Name: Darrin Hetike Title: Authorized Person STATE OF COLORADO } ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 31st day of October, 2012, by Darrin Henke as an Authorized Person of Hunter Ridge Energy Services LLC, a Delaware limited liability company. Witness my hand and official seal. My Comm (Seal) SI 74! 1NAVA TiNOTARY PUB D STATE OF COLORADO O 01 Commission F.xgirov 0511712015 Notary Public (end of signature pages to Short Form Surface Lease for Story Booster Station] BO Eli Pl1P I IN illild lti61,101,110131kiiiii Bill Reception#: 826876 11/1312012 03:43:16 PM ,Jean Rlberico 6 of 10 Rec Fee:$56.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Legal Description Attached to that certain Short Form of Surface Lease for Story Booster Station by and between Encana Oil & Gas (USA) Inc., as lessor, and, Hunter Ridge Energy Services LLC, as lessee That certain tract of land containing 6.497 acres, more or less, located in the SW'/SE'/a of Section 3, Township 5 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado, said tract being more particularly described as follows: Commencing at the Southeast Corner of said Section 3 and running thence 588°04'40"W, 1711.96 feet along the South line thereof thence NO 1 ° 55'20"W, 162.40 feet to the POINT OF BEGINNING; thence S88 ° 04'40"W, 438.21 feet; thence NO1° 55'20"W, 226.16 feet; thence N23° 53'19"E, 415.56 feet; thence N87° 50'09"E, 300.23 feet; thence S23° 18'37"E, 228.52 feet; thence 504° 38' 16"W, 274.71 feet; thence S37° 24' 16"W, 149.75 feet to the POINT OF BEGINNING. A-1 1 11 Prina}1ilLICI0,G WL t 'k IN 11111 Reeeption#: 826876 11/13/R012 03:43:16 RR 3ean Alberico 7 of 10 Rec Fee:$56.00 Doc Fee:0,00 GRRFIELO COUNTY CO Exhibit B_ Aerial Attached to that certain Short Form of Surface Lease for Story Booster Station by and between Encana Oil & Gas (USA) Inc., as lessor, and, Hunter Ridge Energy Services LLC, as lessee * The boundaries to the Surface Estate described in Exhibit A are outlined on the aerial photograph included with this Exhibit B. [see attached photograph] B-1 r+l 003 WELL (STORY BOOSTER STATION) �^ LOCATED IN: SW1/4 SE1/4 SECTION 3, T5S, R96W, 6th, P.M. 0 0 Encana Oil & Gas (USA) Inc. LVIMl41,41, W„01411144 Wasatch Surveying Associates 9166 Main Street Evanston, Wyoming 821930 Phone No. (307) 789-4545 Fax (307) 789-5723 0 o — as 0 — C OS 03 003 WELL (STORY BOOSTER STATION) GARFIELD COUNTY, COLORADO AERIAL EXHIBIT PROJECir No. 12-04-51 DATE: 8/2912012 SCALE: 1 inch = 100 feet • ■IISl.6P�14,k11ANIAKI CIA k1iMtInlgiiiiii 11111 Reoep{ion#: 826876 911 of10 30Re© Fee:$56,00 Jean DocFee:0.0o 0GARFIELD COUNTY CO Exhibit C Proper ty Attached to that certain Short Form of Surface Lease for Story Booster Station by and between Encana Oil & Gas (USA) Inc., as lessor, and, Hunter Ridge Energy Services LLC, as lessee [see attached map] 1111! % MITIVIIVIIIIVNICIrelini 11111 Reeeption#: 826876 11/1312012 03:43:16 PM Jean Rlberico 10 of 10 Reo Fee:$56.00 Doc Fee:0.00 GARFIELD COUNTY CO 1f 17' r- 7'1 ' •R i 1 i , Exhibit Cv _/, E F ( / J C19INJi Wells ' I K22JK22a k / L ?-4------ 19 j / 20 1 22 CDP �.. 23 M23 INJ Well 24 , 19 20 i 21 i A27--CD 2 4Spor ///1 30 , 29 4S o q ! 27 r 7 �I Sora a Wei INJ Storage, Well Pond p 26 111 i - r J26 CDP / St 3ff rage — 4S 95W 29 i , 28 % 96W / /S � iJ orage t Pond 7J25 Pond 2/ fff III 31 ' ' 31 32 33 35 32 { AOS Storage K35�DRP 35 I 1 'F ? i _. , „ r'Y 6DP _._,_ -.� ,- ,... 1 65 Jiff / ` ` Do4 I CDP 4 04 INJ A03 ell 3 Story Bc%ster 03j CS 1� c j 2 1 6 5 4 2 5-S97W } 7 107-CDP-r.------2-__-_,-----10 FO9 CDP ( 1 12 7 8 9 5S 95W / 1 G1 C DP `�`^- 4116 Storage Pond 5S 96W ' 15 14 , 13 18 16 `� 11-1-, 13 18 116 24 19 2021 ot: 22 23 -- 24 r)19 20 21 25 _----> 30. f9 1 f' I 27 26 25 I r 30 29 28 1111! % MITIVIIVIIIIVNICIrelini 11111 Reeeption#: 826876 11/1312012 03:43:16 PM Jean Rlberico 10 of 10 Reo Fee:$56.00 Doc Fee:0.00 GARFIELD COUNTY CO RECORDED DELAWARE MERGER DOCUMENT ICU i �.rl� F i:t 1�1irPMS ��,��Flti»���rr;�Irl�rK '� 111t RoceptaonM: 700323 1711812008 03.14.00 FN Jear 0lberico 7 of 6 Rae FOP $31 00 Doc Fee 0 00 GARFIELD COUNTY 00 Delaware The First State PAGE 1 I; HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF ItELAWART?, DO HEREBY CERTIFY THE ATTACHED IS A TRITE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "TBI PIPELINE COMPANY", A DELAWARE CORPORATION, "TBI WEST VIRGINIA, INC.", A DELAWARE CORPORATION, "TOM BROWN, INC_", A DELAWARE CORPORATION, WITH AND INTO "ENCANA OIL & GAS (USA) ENC." UNDER THE NAME OF "ENCANA OIL & GAS (USA) INC.", A CORPORATION ORGANIZED AND EXISTING UNDER TBE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IIA THIS OFFICE THE TWENTY—SECOND DAY OF DECEMBER, A.D. 2004, AT 6:15 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF JANUARY, A.D. 2005 A FILED COPY OF THIS CERTIFICATE IFAS SEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. A 2133895 910014 � � �� '• 0409347I0 DATE: 12-29-04 bS/G�✓ ..sit , x !!✓ f �'.i.., ot,.4 d �J Harriet Smich Windsor. Secreutry of State AUTHENTICATION: 3584595 , 11111 P! i 1§331+'aIF41.IV. °ITIViVilrketi. III Rucapti0I'*• 760313 12/1812038 03 14 00 P71 Jean Alberlco 3 o' 6 Roc I -co $31.00 Occ Fee 0 00 CFRCtE.0 COUNTY CO DU -22-2004 WED 04:12 P11 FAX NO 3035322366 P. 03 State of Delaware Secretary of Stag Divlstee of Corporations 11,1 ivertod 06:15 I f 12/22/2004 FILED 06:15 PN 12/22/2004 SRV 040934710 - 213789S FILE STATE OF DELAWARE CERTIFICATE OF MERGER O;~ DOMESTIC CORPORATIONS Pursuant to Title if, Section 251(c) of the Delay/two General Corporation Law, the undersigned corporation executed the following; Certificate of Merger: ion is tlasia il & names The name ctionthe s of the corpora.onstbong mneeged into ic urvi` inglcorporation names and gonad are 11s follows: 'ction of coroo _ration Tom ' Delaware corporation Tom Pipcl:n Inc. Delaware corporation TBI West a VirginCompia, Inc.Delaware corporation TBI West Virginia, nc SECOND: The Agreement and Flan of Merger has been approved, adopted, ccrtiftesl. executed and acirnowledged by each of the constituent corporations. "LIMO: The name of the surviving corporation is EnCana Oil & Gas (USA) Inc., a Delaware corporation. oration shall bc its FOURTH: the Certificate of Incorporation of the surviving corp Certificate of lncurporation. FIFTH! The merger is to become effective on January 1, 2005. SIXTH: The Agreement and Plan oof fbusiness Merger is the on file suratng0orporattreet, Suite 2600, Denver, Colorado 80202, the pia SEVENTH: A copy o2 the Agreement and Plan of Merger will be furnished by the surviving corporation on request, without cost, to wry stockholder of the constituent corporations. IN WITNESS WHEREOF, said surviving corporation has causal this certificate to be signed by an authorized officer, the 17th day of December, A.A , 2004. ENC ANA OIL & GAS (USA) INC. By: N(. ,,, A. Viviano, Secretary Q1enCa*o_A28r412U[ACo*owe ittortoniationWeojLon 0 I\Stow Tihn3f ':,c•uiNce,, ,,Bor nPoo.ps.tac �IYll�.rl�"tlN4tfl�th���h���+Rtrhk� 11111 Accept font! : 760313 12/18/2008 133:t4.10 P11 Jean 0lberico 4 of 6 Ree Fee .531.00 Doc Fee 0.00 GARFIELD COUNTY GO Document Processing Fee ifdocumentisonpaper: S10.00 lfdutumentisMed elect:ontally Currently NotAsartable Fees ate subjeel10 change. t'or dee:rem: tiling tad to chum top.os os Red docnacrts"sit •ocT_y,1ry+JSs2i4 IAilr.-r paper d csmonts to. Cot0r3') h:crraryut Mitt Dn.eras l)ivO30O 1530 itroadway. Supe 200 Co 60202-5t69 7aptr cocerants mutt he typed or machine pcioed. SlntVwcut of Fotclgo Entity Withdrawal filed pursuant to ;7-90 30t. et seq and §1-90-105 of the Colorado Revised Ststutes (C.R.S) 19071736169 i00101741.6 C k 10.00 ceLf:CT17 CF ST(11E 41-11-it.:I 1":i5:' .awns nustw arcs t.w mnc 11) numhst 1 rate n,r.,o• 2 Asmmed etuty numc DCdiftc•ent front Tn:c s,:e) 3. Registered agent: (,' _,,' •dt.id,a]) OR ;da Merin»: crtv.:Lr.o. ). Tun Bios" e. yvrat) rsya.r The person appointed as nyrater,:1 ugcnt in the duoumtr.t las consented to being so appointed. ilegluetetl agent circa !Sutvg .r ovd.anStcJ paurfNln (Wel Registered agent mailing !addrw: ad ffat to (cat :bow) Ono weer sninosbv/tut65e M.+rp onth0 raea) flbrd2ts 440 -IGIvor+7-Vf.aUq OR 11th_ ,el; ucrtd agent ;s f.o lorgct :c Ire maintoincd, the mailing odd, sat to tsyich service of proee,s muy he nail Y1: do EnCana Oil S. Gas(U8A)loc. tare. w.aer.f .wb.wrev 4 eiw Nlb.7..W 310 1701 Sueet. S:b 1700 GOrMN CO 00202 _— f7•u>) f>Md (Aurt40.C"ed.1 Rn 2/11340/ iof) �I�II�p11�Y�Wi��6 03tillf{�11/11 12114104P:14 ibilivittrill 12/18/2008 03 14:00 P11 Jean Albertan 5 of 6 Rec Fee 331 00 Doc Fee 0 00 GARFIELD COUNTY �0 4.1windiction of formation 5. Principal office marling address. 11, f..mikeekt Oe!awarn 370 170 Street. Suits 17C0 tr.raweea.1aarrtrt.,rwscfte oat NtbnA Pau Cemyor CO ettttva rare 0.4 tr.v.140 1yP4n /-. 1Ciwtry•y.otc's G. thy enmity will no I.aneer 1111a2el bo tirlrtt 40 conduct aetrvities in this slaw and tt relicy fishes its authority to 1111 1 business or conduct 0C i111:Ies in this state. r. the reghtratlon of all trade 4a11/e2 registered by the entity with the sect urr) of..a t are p., r, uu',i w ;7 7G IC:, C.K.S. and any assumed entity name pursuant to §1-90-603. C.R.S. ace withdtawn upor. ;he itis:;; u f this statement. 11. ((Jpnruroh Delayed effe0rmve date: Nonce: '—�G+nnK'V�n9l '-- Causing this docuntenl to be ckhveted to the secretary of state for fi::ng shall constitute the alllnnadon or acknowkdgas nt of each individual causing such delivery, undo penalties of perjury. that the document is the iadividuaIs act and deed. or that the individual In good taut believes the 40euntent is the act and deed rN'the t t rsom on ttbow behalf the Individual is causing the document to be delivered for filing, taken in conformity with the quirement: of pan 3 of anile 90 oftit)c 7. C.I*.S.. the constituent documents. and de organic statutes. end anent the individual in gond falth believes the facts stated in the document tie ave and die docureot complies with die requirements of that Part, 1A; constituent documents. and fhc organic 3120010. 'Ibis penury notice applies 1u acb nadividual who catua this document to bo delivered to the secretary of are. whether or not aech individual IS named in the document as one who has caused it to be deemed. 9 Ptamu(z) and address(es)e(lLc individual(s) causing die document to bedelivesedfoe l(lutg was sane A (Intl Oka, 1.,6J6?/ /45 Walom Stp)ran Use, a Techs/.P C. 'Sato tent aw.r,err .r Pest Oirreo,yyr,.•rt-') 821 17th 8treat Sure 500 CO W202 OY/tvar 16.1IA.r.•/ 1PoodRV Ado lP40, ce g•pplkoe*o ge - Or tile A* 4aoral' oaf mr mets rat 401..4 odd ewquip: Mu ..er.n.na. 1 lla.rr,.v. f a...Atli. cry: ri,•..+e.nle•10:.•• d„r.nl.Mwraa.fad,n.S•j04.- ..onlNirka.../JIr1N.t.-ars ee.Q,-.I n.a y n'.•.+,• n. d a'krt: o f r u r. 00th.. A. W. ) Diselalnten Iles loon. and any related instructions, are nor intended to provide legal, business or We advice, and are offered or u public service without representation or warranty. While this form is believed to satisfy misimaml slue 11t 411.1 I nfa oliiPraia ram ftAI L13 141'.14A gt'It,lJill id ®l 111 Receptiontl= 760313 17118/2008 03 14 00 Pin Senn plber leo of 6 Rec Fee -131 OD Doc Feo 0 CO Gi411F IEi O C0JNTY CO legal teyuuaixols as of its levirion dak, <ompliancc with applicable :aw, a the same .}vy be arx:r:dcd rum tint: to tirte, tcmain s the responsibility of Cie user of this form. Qa cions shoWd be addressed :n the user's attoomy. w..vnvtoa 311) 11II11111111111111111Milli VIII 1111411111 655347 07/02/2004 02:58P 51502 P307 M RLSDORF 52 of 86 R 496.00 D 2644.50 GARFIELD COUNTY CO SCHEDULE 1-A41 'Unocal Parcel No. 7661 (Book: 290 at Page: 72 Recording Date: November 18, 1955 Grantor: Charles Ellet Grantee: Union tail Company of California) All of the following described tracts of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The Southwest Quarter (S W'/4) of Section Two (2) EXCEPT any portion conveyed to Exxon Corporation in deed recorded December 22, 1983 in Book 640 at Page 869, Lots One (1) and Two (2), the South Half of the Northeast Quarter (S Y2NE'/.) and the Southeast Quarter (SE') of Section Three (3), Township Five (5) South, Range Ninety-six (96) West, Sixth (6th) P.M. A-49 Recorded En Cana Ownership Documents The following documents pertains to EnCana's interest (successors in interest to Tom Brown, Inc.) obtained from Union Oil Company of California on certain lands more particularly described on Exhibit A attached hereto. Please be advised, the Purchase and Sale Agreement or the 60 day notice letter from Union Oil to Chevron are not included due to the terms of our Confidentiality Agreement. Schedules 1 -Al through A-147 are not included because they are not relevant to the lands described in the Limited Impact Review application. This narrative will summarize the key parts of the Agreement as it pertains to the lands described on Exhibit A. Special Warranty Deed and Quit Claim Deed not including Reservoir Parcel Under the terns of the "Purchase and Sale Agreement" dated June 30, 2004 by and between Tom Brown and Union Oil, Union Oil granted unto Tom Brown Fee title to the parcels of real property described in Schedules 1 -Al through 1-A47, subject to the reservations and restrictions set forth on the Special Warranty Deed and any other surface interest owned by Union Oil further described on the form of a Quit Claim Deed but not including the Reservoir Land as depicted on Exhibit A (please see the map which shows the lands in question). Chevron Shale had first right of refusal to acquire the surface and water rights only from Union Oil as described in that certain Deed and Agreement effective November 9, 1995 between Union and Chevron on the lands listed on Exhibit A. Promptly following the execution of said Purchase and Sale Agreement, Union Oil gave Chevron Shale 60 days written notice to indicate their election to purchase said lands. If Chevron failed to respond or acquire these lands within 60 days receipt of this notice, it was agreed that Union would sell those lands on Exhibit A to Tom Brown, Inc. in accordance with the terms of the Purchase and Sale Agreement. The letter was dated and delivered in accordance with the terms of that certain Deed and Agreement effective November 9, 1995 to Chevron Shale on July 1, 2004. Under the terms of the Quit Claim Deed dated June 11, 2004, it specifically states "except the fee interest to the surface rights to that parcel of real property, the legal description of which is attached as Exhibit A (the "Chevron Reservoir Right of First Refusal Parcel") and except water storage rights related to such parcel." It further states in the next paragraph that "Grantor and Grantee agree and intend that this instrument shall convey to Grantee all of Grantor's interest in and to oil, gas and other minerals in. and under the lands described above (including those under the land described on the attached Exhibit A". Therefore, the minerals were conveyed but the surface and water rights were not as to the lands on Exhibit A. This was still pending Chevron's election to purchase said lands, which never occurred. Assignment and Assumption Agreement (Reservoir Parcel 11) On September 21, 2004, Union Oil executed the "Assignment and Assumption Agreement (Reservoir Parcel 1 1)" and assigned to Tom Brown all right, title and interest to the parcel of lands described in Exhibit A. Please note that Exhibit A now describes these lands as the "Reservoir Parcel", not "Chevron Reservoir Right of First Refusal Parcel and Water Rights" as they originally were on the Quit Claim and Special Warranty Deed. Special Warranty Deed including Reservoir Parcel A Special Warranty Deed was also executed and assigned to Tom Brown on September 24, 2004 to include those lands described in Exhibit A. Therefore, Tom Brown was originally assigned the mineral rights but Iater assigned the surface and water rights in accordance with the terms of Chevron's First Right of Refusal. RECORDED CERTIFICATE OF G0O11 STANDING