HomeMy WebLinkAbout03 Section 2Section 2:
Cover Letter, Vicinity Map
Mobile Home Photos, Floor Plan
Warranty Deed
Quick Claim Deed
ADU Letter Agreement, Moon/Encana
Orrin, Cindy & Brandon Moon
6544 CR 331
Silt, CO 81652
April 9, 2017
To Whom it May Concern:
We are the owners of the above listed property and want to add an ADU (Additional Dwelling Unit) to
our property for our son Brandon F. Moon who along with his girlfriend is planning on starting a family.
The property was purchased in 2008 and Brandon has been living in the existing home on the property
since purchase date. We are requesting to use a Mobile Home that we purchased new in 1995 and lived
in located in Pitkin County prior to purchasing this property in Silt. The home has been stored and
maintained on our property since we moved here in 2008. We are proposing to install the home in an
old horse arena located on the Northern end of our property, north of our existing home and hay
barn/shop.
Garfield County
Garfield County Land Explorer
Garfield County, Colorado
T7S
R92W
331
a;.
T6S
R91W
T7S
R91W
Garfield County Land Explorer
Printed by Web User
1 inch = 6,019 feet
1 inch = 1.14 miles
0 0.75 1.5 3 Miles
Garfield County Colorado
Garfield County www.garfield-county.com
Colorado
Disclaimer
This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing 0
to be used only for reference purpores and the County is not responsible for any inaccuracies he rein contained.
Q Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 3/21/2017 at 6:09:07 PM
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Reception#: 743261
02/21/2008 02:06:00 PM Jean Plberico
1 of 13 Rec Fee:$66.00 Doc Fee:64.00 GARFIELD COUNTY CO
WARRANTY DEED
This DEED, made this 20th day of February 2008 between EnCana Oil & Gas (USA)
Inc., a Delaware Corporation, whose address is 370 17th Street, Suite 1700, Denver, Colorado
80202 ("Grantor") and Orrin D. Moon and Cindy L. Moon, husband and wife and Brandon F.
Moon, a single man, *whose address is 6544 County Road 331, Silt, Colorado 81652
("Grantee").
*AS JOINT TENANTS
WITNESSETH, that the Grantor, for and in consideration of the sum of Six Hundred and
Forty Thousand Dollars ($640,000), in hand paid, hereby sells and conveys to Grantee, the real
property in the County of Garfield and State of Colorado, described on Exhibit A attached hereto
and made a part hereof, also known by street and number as 6544 County Road 331, Silt,
Colorado 81652, with all its appurtenances and warrants title to the same.
It is, however, understood and agreed that from the property above conveyed there is
hereby excepted and reserved unto the Grantor, its successors and assigns full and free right
and liberty at all times hereafter to have and use the certain Rights of Way and Easements
described on Exhibit B attached hereto and made a part hereof.
To have and to hold the premises unto the Grantee, its successors and assigns forever.
This conveyance is further made subject to: EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY;
DISTRIBUTION UTILITY EASEMENTS; MATTERS NOT SHOWN BY THE PUBLIC RECORDS
BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; INCLUSION OF THE PROPERTY
WITHIN ANY SPECIAL TAXING DISTRICT; THE BENEFITS AND BURDENS OF ANY
DECLARATION AND PARTY WALL AGREEMENTS, IF ANY; AND, THOSE MATTERS SET
FORTH ON EXHIBIT C ATTACHED HERETO AND MADE A PART HEREOF AND BY THIS
REFERENCE INCORPORATED HEREIN.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date first written above.
Grantor
EnCana Oil & Gas (USA) Inc.
r
-• I S. Fox, ttor y -In -Fact
to c)0/b16
Grantee
Orrin D. Moon
et)yyl
Cindy L.
12-K?,
EA9. 117 6-0„.
Brandon F. Moon
li(ord.+ fefl/aK
0 C (i vL , G vlll n 4- 7 LV\4 LN1 Mao c\
bC. fC. 9D2 -)l
11111E VIVINiNTATiliiliiLMiliNIf,114'i '0 1 1H
Reception#: 743261
02/21/2008 02.06:00 PM Jean Alberico
2 of 13 Rec Fee:$66.00 Doc Fee:64.00 GARFIELD COUNTY CO
STATE OF COLORADO
) §•
CITY & COUNTY OF DENVER
On this 19th day of February, 2008, before me personally appeared Joel S. Fox, Attorney -
In -Fact, as attorney in fact for EnCana Oil & Gas (USA) Inc., known to me to be the person
described in and who executed the foregoing instrument and who acknowledged to me that he
executed the same.
My Commission Expires: 11-2-09
STATE OF COLORADO
§.
COUNTY OF GARFIELD
Notary Publ.�•
FRANCOIS J. GOYER
NOTARY PUBLIC
STATE OF COLORADO
On this 20th day of February, 2008, before me personally appeared Orrin D. Moon, Cindy
L. Moon and Brandon F. Moon, known to me to be the persons described in and who executed the
foregoing instrument and who acknowledged to me that they executed the same.
My Commission Expires: g v(2)i{
JESSICA REED
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Aug. 28, 2011
Notary Public:
2
1111 WI 1111
Reception#: 743261
02/21/2008 02:06:00 PM Jean Rlberico
3 of 13 Rec Fee:$66.00 Doc Fee:64 00 GPRFIELD COUNTY CO
Exhibit A
Attached to that certain Surface Use Agreement dated February 20, 2008 between Orrin
D. Moon, Cindy L. Moon and Brandon F. Moon and EnCana Oil & Gas (USA) Inc.
A PARCEL OF LAND SITUATED IN SECTION 10, TOWNSHIP 7 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT WHENCE THE WITNESS CORNER OF THE NORTH 1/4
CORNER OF SAID SECTION 10, A SURVEYORS BRASS CAP PROPERLY MARKED
AND FOUND IN PLACE BEARS N85 DEGREES 58' 07" W, 1529.18 FEET;
THENCE N 73 DEGREES 19' 25" E, A DISTANCE OF 558.92 FEET;
THENCE N 89 DEGRESS 16' 40" E, A DISTANCE OF 69.02 FEET;
THENCE S 00 DEGREES 04' 32" E, A DISTANCE OF 881.81 FEET;
THENCE S 08 DEGRESS 24' 35" W, A DISTANCE OF 327.51 FEET;
THENCE S 12 DEGRESS 48° 32" E, A DISTANCE OF 143.34 FEET;
THENCE S 89 DEGRESS 14' 56" W, A DISTANCE OF 210.78 FEET;
THENCE S 29 DEGRESS 14' 56" E, A DISTANCE OF 283.03 FEET;
THENCE S 41 DEGRESS 09' 11" E, A DISTANCE OF 373.10 FEET;
► i • ►
1111 h'i i f'311Figil lit ATiLiii,Kr L 441, IrhE.I 4 1I II
Reception#: 743261
02/21/2008 02:06:00 PM Jean Rlberico
4 of 13 Rec Fee:$66.00 Doc Fee:64 00 GARFIELD COUNTY CO
Exhibit A
REVISED DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTION 3, AND 10, T7S, R92W, 6th P.M.,
GARFIELD COUNTY, COLORADO, SAID PARCEL IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NE 1/4 NE 1/4 OF SECTION 10, T7S, R92W,
6th P.M. WHICH BEARS S86°06'21"E 1529.18' FROM THE WITNESS CORNER
FOR THE NORTH 1/4 CORNER OF SAID SECTION 10, (BEING A 1975
BRASS CAP S00°33'31"E 33.00' FROM THE TRUE CORNER), THENCE
N73°10'46"E 558.53' THENCE N89°09'49"E 69.02'; THENCE S00°11'23"E
881.80'; THENCE S08°17'44"W 327.51'; THENCE S12°55'23"E 143.34' TO
THE NORTH LINE OF THE SE 1/4 NE 1/4 OF SAID SECTION 10; THENCE
S89°08'05"W ALONG THE SAID NORTH LINE OF THE SE 1/4 NE 1/4 210.78';
THENCE S29°21'47"E 283.03'; THENCE S41 °16'02"E 373.10' TO THE
CENTERLINE OF 6500 ROAD AND TO A CURVE TO THE LEFT WITH A
CORD BEARING S60°37'45"W 18.990' AND A RADIUS OF 100.730'; THENCE
ALONG SAID CURVE A DISTANCE OF 19.018'; THENCE S55°12'16"W
ALONG SAID CENTERLINE 1240.31' TO A CURVE TO THE RIGHT WITH A
CORD BEARING S67°21'25"W 207.500' AND A RADIUS OF 493.740';
THENCE ALONG SAID CURVE A DISTANCE OF 209.058'; THENCE
N30°09'09"W 284.78'; THENCE N04°17'48"W 337.19'; THENCE N32°51'41"W
422.78'; THENCE N06°59'35"W 109.05'; THENCE N50°00'53"E 177.97';
THENCE N49°18°15"E 276.30'; THENCE N38°17'59"E 248.15'; THENCE
N45°29'30"E 116.73'; THENCE N45°06'53"E 248.80'; THENCE N42°05'13"E
216.69'; THENCE N13°15'20"E 241.05'; THENCE N27°57'24"W 160.03';
THENCE NO3°58'13"W 181.35' TO THE POINT OF BEGINNING. BASIS OF
BEARINGS IS THE EAST LINE OF THE NE 1/4 OF SECTION 10, T7S, R92W,
6th P.M. WHICH WAS TAKEN FROM GLOBAL POSITIONING SATALLITE
OBSERVATIONS TO BEAR N00°20'25"E (THE NORTHEAST CORNER OF
SAID SECTION, BEING WITNESSED BY A 1975 BRASS CAP NORTH 33.00'
AND THE EAST 1/4 CORNER BEING A ALUMINUM CAP).
COUNTY OF GARFIELD
STATE OF COLORADO
Page 2 of 2
■Ill Pig bF'S1IA,011Ii,tWIC,'+RI�,L �,ii���.� �R,11�1,1���4�� �I Ill
Reception#: 743261
02/21/2008 02:06:00 PM Jean Plberico Exhibit B
5 of 13 Rec Fee.$66.00 Doc Fee.64,00 GPRFIELD COUNTY CO
Attached to that certain Warranty Deed dated February 20, 2008 between EnCana Oil & Gas
(USA) Inc. and Orrin D. Moon, Cindy L. Moon and Brandon F. Moon.
1. Easement and Right of Way — G10E Well Pad Area
Grantor hereby reserves to Grantor, its successors and assigns, a permanent
exclusive easement to construct, operate, inspect, alter, maintain, repair, in
whole or in part the G10E WeII Pad Area, including the area shown as "Surface
Disturbance Area" on Exhibits B-1 and B-2. Grantor specifically reserves the
right to drill directional wells from the G10E Well Pad to downhole locations on
and off of the Property. Said easement and right of way is located in the SWNW
and SENE of Section 10 in Township 7 South, Range 92 West, 6th P.M. as
shown on Exhibits B-1 and B-2.
2. Road Easement and Right of Way — G10E Pad Area to East Property Line
Grantor hereby reserves to Grantor, its successors and assigns, a permanent
easement and right of way across the existing road on the premises and a
permanent exclusive easement and right of way to construct, operate, inspect,
alter, maintain, and repair, in whole or in part, an access road from the G10E well
pad to the East Property Line of the premises conveyed by the Warranty Deed.
Said easements cross the SENE and NESE of Section 10 and are generally
described on Exhibit B-1. The actual locations of the easement extend twenty-
five (25) feet on each side of the centerline of the existing road and twenty-five
(25) feet on each side of the centerline of the new access road as actually
constructed. Exhibit B-3 shows the centerline of the new access road.
3. Pipeline Easement — G10E WeII Pad Area to East Property Line
Grantor hereby reserves to Grantor, its successors and assigns, a permanent
easement, thirty (30) feet in width, for the purpose at any time and from time to
time to lay, locate and/or abandon in place, one (1) or more pipeline(s) and
appurtenances, equipment and facilities useful or incidental thereto, including,
but not limited to, valves, metering and corrosion control equipment, and any
above -ground appurtenances, as may be necessary or convenient, for the
transportation of natural gas, petroleum, petroleum products and derivatives
thereof and any other liquids, gases, or substances which can be transported
through pipelines, from the G10E well pad to the east Property line in the NESE
of Section 10 in Township 7 South, Range 92 West, 6th P.M. Said easement
crosses the SENE and NESE of Section 10 and is generally described on Exhibit
B-1 and more specifically described on Exhibit B-4. The actual location of the
easement extends fifteen (15) feet on each side of the centerline of the first
pipeline as actually laid.
Page 1 of 2
.II� 1111 i ®I��AI I! �� It� l���l, i� l��ll�i ���'■I�II�1� ,I iI
Reception#: 743261
02/21/2008 02.06:00 Pfd Jean Rlberico Exhibit B
6 of 13 Rec Fee:$66.00 Doc Fee:64.00 GARFIELD COUNTY CO
4. Ingress and Egress — G1OE Well Pad Area Grantor further reserves the right of
unimpaired ingress and egress on, over, across and through the premises
conveyed by the Warranty Deed for all purposes necessary or incidental to the
exercise of the right herein reserved, with the further right of entry to maintain the
easement herein granted clear of trees, undergrowth, brush, structures, and any
other items, to the extent Grantor deems necessary in the exercise of the rights
reserved herein. Grantor shall not be liable for damages caused by keeping said
easement clear of trees, undergrowth, brush, structures, or any other
obstructions.
Page 2of2
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ENCANA OIL & GAS (USA) INC
EXHIBIT B-2
Attached to that certain Warranty Deed dated
February 20, 2008 between EnCana Oil & Gas (U.S.A.) Inc.
Orrin D. Moon, Cindy L. Moon and Brandon F. Moon.
SURFACE DISTURBANCE AREA
WELL PAD (G10E)
Section 10, T7S, R92W, 6th P.M.
N
55.22
SQ
I
Boundary of Proposed
s'F . Surface Disturbance
sW.
\ N
0
\
\ I
•
Existing Ditch
DO NOT Disturb
Existing Tree
00 NOT Disturbs"--.-
I
rn
Existing irrigation
Riser DO NOT
Disturb
\
\
Existing--
Ditch
xisting'Ditch
1/4 Section Line
BASIS OF BEARINGS NOTE:
Basis of Bearings is the West Line of Section
10, T7S, R92W" 6th P.M. which is token from
Global Positioning Satellite observations to bear
N007835"E a measured distance of 5293.69
Surface Disturbance Area
SURFACE OWNERSHIP
PROPOSED
EXISTING
TOTAL
Dietrich
Z 48 Acres
0.00 Acres
7.48 Acres
SURVEYED BY: L.D.V.
DATE SURVEYED: 1-30-07
DRAWN BY: R.V.C.
DATE DRAWN: 2-8-07
SCALE: 1" = 100'
REVISED: 02-14-08
7Tri State (4J.5) 701 -2501
Land Surveying, Inc.
\ 180 NORTH VERNAL AVE. VERNAL, UTAH 84078
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Reception#. 743261 Exhibit C
02/21/2008 02:06:00 PM Jean Rlberico
11 of 13 Rec Fee:$66.00 Doc Fee:64.00 GARFIELD COUNTY CO
Attached to that certain Warranty Deed dated February 20, 2008 between EnCana Oil & Gas
(USA) Inc. and Orrin D. Moon, Cindy L. Moon and Brandon F. Moon.
Property Address: 6594 COUNTY ROAD 331, SILT, CO 81652
RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS
ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE
PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS AS
CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN
UNITED STATES PATENT RECORDED NOVEMBER 4, 1909 IN BOOK 71 AT PAGE
385, AND IN PATENT RECORDED AUGUST 2, 1910 IN BOOK 71 AT PAGE 427,
AND IN PATENT RECORDED JANUARY 5, 1911 IN BOOK 71 AT PAGE 449, AND IN
PATENT RECORDED SEPTEMBER 26, 1911 IN BOOK 71 AT PAGE 496, AND IN
PATENT RECORDED FEBRUARY 20, 1912 IN BOOK 92 AT PAGE 281, AND IN
PATENT RECORDED OCTOBER 18, 1922 IN BOOK 112 AT PAGE 551, AND IN
PATENT RECORDED FEBRUARY 3, 1923 IN BOOK 112 AT PAGE 554, AND IN
PATENT RECORDED NOVEMBER 13, 1923 IN BOOK 112 AT PAGE 407 AND IN
PATENT RECORDED JUNE 12, 1952 IN BOOK 264 AT PAGE 425.
RIGHT OF WAY FOR THE BOULTON DITCH DESCRIBED IN DEED RECORDED JANUARY
25, 1908 IN BOOK 69 AT PAGE 213.
A STRIP OF LAND 15 FEET IN WIDTH ALONG THE SOUTH SIDE OF THE SEI/4
NW1/4 OF SECTION 10 CONVEYED IN DEED RECORDED MARCH 6, 1917 IN BOOK
100 AT PAGE 491.
RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND
OTHER MINERALS AS RESERVED TO THE FEDERAL LAND BANK OF WICHITA AND
DESCRIBED IN DEED RECORDED JANUARY 2, 1942 IN BOOK 205 AT PAGE 388,
AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF.
EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES DESCRIBED IN DEED RECORDED
JULY 25, 1957 IN BOOK 302 AT PAGE 175.
RESERVATION OF AN UNDIVIDED THREE-FOURTHS INTEREST IN AND TO ALL OIL,
GAS AND OTHER MINERALS AS RESERVED BY JOHN P. KINNEY, EDWARD L.
KINNEY AND JOSEPH T. KINNEY AND DESCRIBED IN DEED RECORDED FEBRUARY
27, 1958 IN BOOK 307 AT PAGE 133, AND ANY AND ALL INTERESTS THEREIN
OR ASSIGNMENTS THEREOF.
RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS
AND OTHER MINERALS AS RESERVED BY CHARLES F. MADAY AND DESCRIBED IN
DEED RECORDED AUGUST 18, 1958 IN BOOK 311 AT PAGE 48 AND ANY AND ALL
INTERESTS THEREIN OR ASSIGNMENTS THEREOF.
RESERVATION OF ALL OIL, GAS AND OTHER MINERALS IN EXCESS OF A
ONE -SIXTEENTH INTEREST AS RESERVED BY BRINKLEY B. BROWN AND DESCRIBED
IN DEED RECORDED JUNE 4, 1962 IN BOOK 342 AT PAGE 310, AND ANY AND
ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF.
UNDIVIDED THREE-FOURTHS INTEREST IN AND TO ALL 01L, GAS AND OTHER
MINERALS AS RESERVED BY W.R. REES AND QUENTIN L. REES DBA REES AND
SONS AND DESCRIBED IN DEED RECORDED JULY 26, 1963 IN BOOK 352 AT PAGE
32, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF.
UNDIVIDED ONE -FORTY-EIGHTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL
RIGHTS AS RESERVED BY BRINKLEY B. BROWN AND DESCRIBED IN DEED
Foam 100 B2F701IBIT.ESCROW.LEGAL 09/26/07 63001516
Page 1 of 3
Exhibit C
1111114,PrillANIArklil II147411CNN II I
Reception#: 743261
02/21/2008 02:06:00 PM Jean Alberico
12 of 13 Rec Fee:$66.00 Doc Fee:64.00 GARFIELD COUNTY CO
Property Address: 6544 COUNTY ROAD 331, SILT, CO 81652
RECORDED JULY 26, 1963 IN BOOK 352 AT PAGE 35, AND ANY AND ALL
INTERESTS THEREIN OR ASSIGNMENTS THEREOF.
UNDIVIDED ONE-HALF INTEREST IN ALL COAL, OIL, GAS AND OTHER MINERALS
AS RESERVED BY WILLIAM K. FLYNN AND DESCRIBED IN DEED RECORDED MAY
30, 1972 IN BOOK 431 AT PAGE 274, AND ANY INTERESTS THEREIN OR
ASSIGNMENTS THEREOF.
UNDIVIDED ONE-HALF INTEREST IN ALL COAL, OIL, GAS AND OTHER MINERALS
AS RESERVED BY THOMAS FLYNN AND DESCRIBED IN DEED RECORDED MAY 30,
1972 IN BOOK 431 AT PAGE 277, AND ANY AND ALL INTERESTS THEREIN OR
ASSIGNMENTS THEREOF.
RIGHT OF WAY GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN
INSTRUMENT RECORDED OCTOBER 20, 1981 IN BOOK 583 AT PAGE 714.
TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE
RECORDED FEBRUARY 22. 1993 IN BOOK 855 AT PAGE 197, RECORDED AUGUST
2, 1993 IN BOOK 870 AT PAGE 878 AND RECORDED JUNE 19, 1996 IN BOOK
982 AT PAGE 311.
EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED FEBRUARY 22, 1993 IN BOOK
855 AT PAGE 198 AND IN INSTRUMENT RECORDED JULY 23, 1996 IN BOOK 986
AT PAGE 329.
EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS RECORDED
JANUARY 16, 1979 IN BOOK 521 AT PAGE 765 AND AT PAGE 785 AND
INSTRUMENT RECORDED SEPTEMBER 4, 1980 IN BOOK 555 AT PAGE 138.
EASEMENT AND RIGHT OF WAY FOR 30 FOOT ACCESS EASEMENT AS SHOWN ON
SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996 AND SURVEY
DATED OCTOBER 29, 1997, PREPARED BY SURVCO, INC. AS JOB NO. 97126,
PREPARED BY TRI STATE LAND SURVEYING DATED JUNE 8. 2007.
EASEMENTS AND RIGHTS OF WAY FOR DITCHES AND IRRIGATION PIPES AS SHOWN
ON SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996 AND
SURVEY DATED OCTOBER 29, 1997, PREPARED BY SURVCO, INC. AS JOB NO.
97126 AND SURVEY PREPARED BY TRI STATE LAND SURVEYING, INC DATED
JUNE 8, 2007.
ENCROACHMENT OF FENCES ONTO ADJOINING PROPERTIES AS DISCLOSED BY
SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996 AND SURVEY
DATED OCTOBER 29, 1997, PREPARED BY SURVCO, INC. AS JOB NO. 97126,
PREPARED BY TRI STATE
POSESSORY RIGHTS OUTSIDE OF THE FENCELINE AS SHOWN ON THE SURVEY
PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996 AND ON SURVEY
DATED JUNE 8, 2007 PREPARED BY TRI STATE.
EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS AND PROVISIONS OF MUTUAI.
Form 100 B2FXHIBIT.ESCROW.LBGAL 09/26/07 63001516
Page 2 of 3
Exhibit C
■III h'iti i f't!�K '�P�� �L��'�L�u�'L�� �I� (r4�� �f��G , �I�� 1I IH
Receptionl#: 743261
02/21/2008 02:06:00 PM Jean Alberico
13 of 13 Rec Fee:$66.00 Doc Fee:64.00 GARFIELD COUNTY CO
Property Address: 6544 COUNTY ROAD 331, SILT, CO 81652
ROAD EASEMENT AGREEMENT RECORDED JULY 5, 1996 IN BOOK 984 AT PAGE
201.
RESERVATIONS AS CONTAINED IN WARRANTY DEED RECORDED JULY 5, 1996 IN
BOOK 984 AT PAGE 199.
EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED JULY 5,
1996 IN BOOK 984 AT PAGE 199.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AS CONTAINED IN WARRANTY
DEED RECORDED DECEMBER 12, 1996 IN BOOK 1003 AT PAGE 36.
TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE
RECORDED SEPTEMBER 04, 1997 IN BOOK 1032 AT PAGE 497.
ALL MINERALS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 23, 1992 IN
BOOK 850 AT PAGE 715, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN
Po m 100 B2EXHIBIT.ESCROW.La',AC, 09/26/07 63001516
Page 3 of 3
111117% !Mal iL r+1ti'i i Willi 1111
Reception#: 743262
02/21/2008 02:06:00 PM Jean Rlberico
1 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
111 1ILII 1111 111111111111 111 ILII 111 QUIT CLAIM DEED
THIS DEED, made this 20th day of February , 2008 , between
ENCANA OIL & GAS (USA) INC
grantor, whose street address is:
387 17TH STREET, #1700 DENVER CO 80202
County of GARFIELD , State of COLORADO , for the consideration
of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
hereby sells and quitclaims to:
ORRIN D. MOON AND CINDY L. MOON AND BRANDON F. MOON
grantee, not in tenancy, in common, but in joint tenancy.
whose street address is:
6544 COUNTY ROAD 331, SILT COLORADO 81652
in hand paid,
County of GARFIELD , State of COLORADO , the following legally
described water rights:
TWO SHARESXC IGHLAND DITCH IRRIGATION
Appurtenant to:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Signed as of the day and year first above written.
State of COLORADO
CITY AND County of DENVER
} ss.
ENCANA OIL & OAS (USA) INC
By:
JOEL /Q. FOX, ATTORNSY N FACT
The foregoing instrument was acknowledged before me this day of February X, 2008
by
JOEL S. FOX AS ATTORNEY IN FACT FOR ENCANA OIL & GAS (USA) INC
Witness my hand and official seal.
My commission expires: 1
A.
Not. Public
When Recorded Return to: ORRIN D. MOON AND CINDY L. MOON
BRANDON F. MOON
6544 COUNTY ROAD 331
GW63001516 SILT, CO 81652
Form 231 WATER.QCD 11/20/03 QUIT CLAIM DEED
FRANCOIS J. GOYER
NOTARY PUBUC
STATE OF COLORADO
(5857654)
1111 1i F111L 1 l ,L !IL X60'141, 11.11 114.iiiii 11 II
Reception#: 743262
02/21/2008 02:06:00 PM Jean Alberico
2 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
A PARCEL OF LAND SITUATED IN SECTION 10, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT WHENCE THE WITNESS CORNER OF THE NORTH 1/4 CORNER OF SAID
SECTION 10, A SURVEYORS BRASS CAP PROPERLY MARKED AND FOUND IN PLACE BEARS N 85
DEGREES 58' 07" W, 1529.18 FEET;
THENCE N 73 DEGREES 19' 25" E A DISTANCE OF 558.92 FEET;
THENCE N 89 DEGREES 16' 40" E A DISTANCE OF 69.02 FEET;
THENCE S 00 DEGREES 04' 32" E A DISTANCE OF 881.81 FEET;
THENCE S 08 DEGREES 24' 35" W A DISTANCE OF 327.51 FEET;
THENCE S 12 DEGREES 48' 32" E A DISTANCE OF 143.34 FEET;
THENCE S 89 DEGREES 14' 56" W A DISTANCE OF 210.78 FEET;
THENCE S 29 DEGREES 14' 56" E A DISTANCE OF 283.03 FEET;
THENCE S 41 DEGREES 09' 11" E A DISTANCE OF 373.10 FEET;
THENCE ALONG A CURVE TURNING TO
A RADIUS OF 100.73 FEET, WITH A
CHORD LENGTH OF 18.99 FEET,
THENCE S 55 DEGREES 21' 51" W A
THENCE
WITH A
WITH A
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THE LEFT WITH AN ARC LENGTH OF 19.02 FEET, WITH
CHORD BEARING OF S 60 DEGREES 44' 36" W, WITH A
DISTANCE OF 1241.34 FEET;
ALONG A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 209.06 FEET,
RADIUS OF 493.74 FEET, WITH A CHORD BEARING OF S 67 DEGREES 29° 39" W,
CHORD LENGTH OF 207.50 FEET;
N 30 DEGREES 00' 55" W A DISTANCE OF 284.78 FEET;
N 04 DEGREES 09' 34" W A DISTANCE OF 337.19 FEET;
N 32 DEGREES 43' 27" W A DISTANCE OF 422.78 FEET;
N 06 DEGREES 51' 21" W A DISTANCE OF 109.05 FEET;
N 50 DEGREES 09' 07" E A DISTANCE OF 177.97 FEET;
N 49 DEGREES 26' 29" E A DISTANCE OF 276.30 FEET;
N 38 DEGREES 26' 13" E A DISTANCE OF 248.15 FEET;
N 45 DEGREES 37' 44" E A DISTANCE OF 116.73 FEET;
N 45 DEGREES 15' 07" E A DISTANCE OF 248.80 FEET;
N 42 DEGREES 13' 27" E A DISTANCE OF 216.69 FEET;
N 13 DEGREES 23' 34" E A DISTANCE OF 241.05 FEET;
N 27 DEGREES 49' 10" W A DISTANCE OF 160.03 FEET;
N 03 DEGREES 49' 59" W A DISTANCE OF 181.35 FEET TO THE POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
REVISED DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTION 3, AND 10 T7S, R92W 6TH P.M., GARFIELD
COUNTY, COLORADO SAID PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NE 1/4 NE 1/4 OF SECTION 10 T7S, R92W, 6TH P.M.
WHICH BEARS S86 DEGREES 06' 21" E 1529.18 FROM THE WITNESS CORNER FOR THE
NORTH 1/4 CORNER OF SAID SECTION 10, (BEING A 1975 BRASS CAP S 00 DEGREES 33°
31" E 33.00 FROM THE TRUE CORNER). THENCE N 73 DEGREES 10' 46" E 558.53'
THENCE N 89 DEGREES 09' 49" E 69.02'; THENCE S 00 DEGREES 11' 23" E 881.80';
THENCE S 08 DEGREES 17' 44" W 327.51'; THENCE S 12 DEGREES 55' 23" E 143.34'
TO THE NORTH LINE OF THE SE 1/4 NE 1/4 OF SAID SECTION 10; THENCE S 89 DEGREES
08' 05" W ALONG THE SAID NORTH LINE OF THE SE 1/4 NE 1/4 210.78'; THENCE S 29
DEGREES 21' 47" E 283.03'; THENCE S 41 DEGREES 16' 02" E 373.10 TO THE
CENTERLINE OF 6500 ROAD AND TO A CURVE TO THE LEFT WITH A CORD BEARING S 60
DEGREES 37' 45" W 18.990' AND A RADIUS OF 100.730'; THENCE ALONG SAID CURVE A
DISTANCE OF 19.018'; THENCE 5 55 DEGREES 12' 16" W ALONG SAID CENTERLINE
1240.31' TO A CURVE TO THE RIGHT WITH A CORD BEARING S 67 DEGREES 21' 25" W
207.500' AND A RADIUS OF 493.740'; THENCE ALONG SAID CURVE A DISTANCE OF
209.058'; THENCE N 30 DEGREES 09' 09" W 284.78'; THENCE N 04 DEGREES 17' 48" W
337.19'; THENCE N 32 DEGREES 51' 41" W 422.78'; THENCE N 06 DEGREES 59' 35" W
109.05'; THENCE N 50 DEGREES 00' 53" E 177.97'; THENCE N 49 DEGREES 18' 15" E
276.30'; THENCE N 38 DEGREES 17' 59" E 248.15'; THENCE N 45 DEGREES 29' 30" E
116.73'; THENCE N 45 DEGREES 06' 53" E 248.80'; THENCE N 42 DEGREES 05' 13" E
216.69'; THENCE N 13 DEGREES 15' 20" E 241.05'; THENCE N 27 DEGREES 57' 24" W
;W63001516
orms 426, 430 EXHIBITA1 01/17/03
■III hVAAV'IONIANOWN0000 11111
Reception#: 743262
02/21/2008 02:06:00 PM Jean Alberico
3 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
160.03'; THENCE N 03 DEGREES 58' 13" W 181.35' TO THE POINT OF BEGINNING.
BASIS OF BEARINGS IS THE EAST LINE OF THE NE 1/4 OF SECTION 10 T7S, R92W, 6TH
P.M. WHICH WAS TAKEN FROM GLOBAL POSITIONING SATALLITE OBSERVATIONS TO BEAR N
00 DEGREES 20' 25" E (THE NORTHEAST CORNER OF SAID SECTION BEING WITNESSED BY A
1975 BRASS CAP NORTH 33.00' AND THE EAST 1/4 CORNER BEING A ALUMINUM CAP.)
COUNTY OF GARFIELD
STATE OF COLORADO
3W63001516
orms 426, 430 EXHIBITA1 01/17/03
February 6, 2017.
Orrin, Cindy and Brandon Moon
6544 County Road 331
Silt, CO 81652
RE: Additional Dwelling Unit Letter Agreement
6544 County Road 331
Silt, CO 81652
Orrin, Cindy and Brandon Moon with an address of 6544 County Road 331, Silt, CO 81652
(collectively, "Surface Owner"), is the owner of a certain parcel of land located at and described
in the Warranty Deed, Reception Number 743261 recorded on 02/21/2008 at Garfield County,
State of Colorado; the parcel is also known as 6544 County Road 331, Silt, CO 81652 located in
the NW1/4 of Section 10, Township 7S, Range 92W, 6th P.M. (the "Lands").
Surface Owner wishes to build an Additional Dwelling Unit ("ADU") on the Lands, as depicted
on Exhibit A, in close proximity to the Encana Oil & Gas (USA) Inc. ("Encana") Arbaney P3
Pad in the SESE of Section 3, Township 7 South Range 92 West 61h P.M ("P3 Pad").
Encana will permit Surface Owner to construct the ADU at a location no less than three hundred
and fifty feet (350') from the P3 Pad.
Surface Owner understands and acknowledges that Encana is operating wells on the P3 Pad and
that additional drilling, completion or workover activities could occur at the P3 Pad. Surface
Owner understands and acknowledges that oil and gas operations at the P3 Pad may produce
noise, light, dust, odors, traffic and other disruptions during the development and life of the
wells. Surface Owner acknowledges that it is accustomed to living near oil and gas operations
and understands that by electing to construct a house near a producing well site, that it may
experience increased noise, light, dust, odors, traffic and other disruptions that accompany
normal oil and gas development. Encana agrees to operate as a prudent operator, but Surface
Owner agrees that Encana shall not be required to take any additional mitigation efforts to reduce
the impact on Surface Owner. If there is a real and imminent threat to Surface Owner's life,
health, or safety, Encana and Surface Owner will work together to mitigate the threat. Surface
Owner recognizes and acknowledges that normal oil and gas operations do not pose a real and
imminent threat to Surface Owner's life, health, or safety under the setbacks contemplated
herein.
The Parties understand and acknowledge that the proposed ADU is within five hundred feet
(500') of the P3 Pad. Surface Owner agrees that the proposed ADU will be located no less than
three hundred and fifty feet (350') from the outside border of the P3 Pad as depicted on Exhibit
A.
1
Surface Owner and Encana understand and acknowledge that the COGCC has rules and
regulations that apply to the distance between a wellhead and public roads, production facilities,
building units and surface property lines, among other things. Surface Owner hereby agrees to (i)
waive all setback requirements in COGCC Rule 603 or any successor rule or amendment to the
COGCC setback rules, and to any other state or local setback requirements that are or become
inconsistent with this Letter Agreement or that would prohibit or interfere with the rights of
Encana, its successors and assigns to explore for and produce the oil and gas in accordance with
this Letter Agreement and (ii) provide such other written approvals and waivers that are
requested by Encana, its successors or assigns and consistent with this Letter Agreement,
including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas
operations on the Lands because of any law or regulation, including any local ordinance and
regulations of the COGCC, and including, for example, waivers to state and local setback
requirements and to any setback requirements from a surface property line or for an exception
location; and iii) waive its rights to request a hearing before the COGCC for the matters
described herein or to request that conditions be attached to a COGCC permit to drill, provided
Encana, its successors and assigns conduct operations and activities consistent with the terms of
this Letter Agreement.
This Letter Agreement shall be binding on the parties hereto and their respective heirs,
successors and assigns.
Sincerely,
ENCANA OIL & GAS (USA) INC.,
by its authorized agent,
Encana Services Company Ltd.
y: onstance D. eath
Its: Director, Land Negotiation
Orrin D. Moon
B
randon orrest Moon
Cindy L.
2
Exhibit A
ARBANEY PROPERTY
PARCEL NO, 240103400065
[X S NG GAS WE__
- 0*
.�.
+�• ;X S7AG S_ED —
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ALLMON PROPERTY
PARCEL NO. 2401 10100'2 15
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GRAPHIC HCALE
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_PROPOSED 62' X 27'
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MOON PROPERTY
PARCEL NO. 240110100217
ENCANA OIL AND GAS PROPERTY
PARCEL NO. 240111200219
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TONY OF SILT 1
PARCEL LOCATION
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5-65130 574329570 c6 557 .453.5,6 24087. 5,545
SURVEYOR'S CERTIFICATE
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33'
6,"GG 365132
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