The URL can be used to link to this page

Home My WebLink About1.0 ApplicationGarfield County Planning RE; Knox-Public/County Road Split Exemption (File No. RSEA-07-17-8564) Aug.27,2017 Larry D. and Danna B. Knox Garfield Co. Planning Additional Information Requested July 27, 2017 1.Digital copy of packet: Included; 2.Pre-App. conf.: Included; 3.Property Owners (200 Ft): Included; it does not appear, with my knowledge of the property boundaries and the information I assimilated from the assessor's office that the Grand River Ranches property is within 200 Ft. of the references property boundaries. I have included the printout returned to me as I did not review the information in your office and I am fine with the additional needed notice. 4. Lien holder: There are no Lienholder's on any of the subject properties. 5.Title commit.: Included; 6.Water Supply: The approved Well permit is included and the driller is being scheduled to drill the well. I would like to request the requirement for Well Pump test and Water quality test be postponed until the well can be drilled, and before the Condition of Final Approval. 7.Well Share Agreement: Included; 8.Water Easments: A supplement to the plat plan from the surveyor will be submitted with this response for Additional Information Request . 9.Codes/Covenants: There will be no Codes, Covenants, or Exemptions attached to this subdivision exemption split. July 27, 2017 La r ry D . a nd Danna B. Kno x 950 Jun iper Hills Dr. Parachute, CO 81635 Garfield County RE: Know -Public I County Road Split Exemption (F ile No. RSEA-07-17-8564) Dear Mr. and Mrs . Knox: This letter is in regard to our completeness re view of the Application you have submitted for Public I County Road Split Exemption. The property is located in Section 3 , Township 85 South , Range 96 West and is know n by Assessor's Parcel No. 244703200065. Our completeness review included input from the County Attorney's Office and has noted several items that need to be addressed prior to a determination of technical completeness . In accordance with the Garfield County Land Use and Development Code , please respond to the following items: Digital Copy of Application: 1. Please include a digital copy of the entire application packet in PDF format. While PDF versions of the draft plat was included the supporting information was not / included in digital form. Pre-Application Conference Summary: '1 2. Please include the Pre-Application Conference Summary with the application package . A copy of the Pre-Application Conference Summary is attached for your convenience. --List of Adjacent Property Owners 1 / 3. Section 4-203(B)(3)(a) requires "A list and map of real property, the owners of record and mailing addresses , within 200-foot radius of the subject parcel. .. '' It appears one property owner is missing from the names and addresses provided: Grand River Ranches , LLC. Please see the list of adjacent property owners within 200 ' attached that was generated from the Garfield County GIS. Lienholder 4 . If there is a lien on the property, then a Lien holder Consent Certificate needs to be added to the plat (plat can be updated later in the review, if necessary). Please provide a statement indicating whether or not there is a lien holder on either of the subject properties. Title Comm itment Y 5. Section 5-402(F)(12) requ ires the "Location , width, purpose and owners of all easements" on the subject parcels . Please provide a title commitment which identifies the easements on both of the subject parcels (the plat can be updated later in the review , if necessary). While a check that appears to have been for payment for a title commitment was provided, the title commitment itself was not found in the application packet. Water Supply 6. Section 4-203(M)(1 )(b)(5)(a) and (c) require that the well providing water to the two parcels is pump tested and water quality tested . While it is helpful to have this information at the time of application submittal, it may be postponed until the application is approved but before the Plat is signed and executed. Should you wish to postpone water quantity and quality testing of the well , please provide a statement requesting that these tests be conducted as Conditions of Approval. 7. It appears that the well is proposed to be shared between the two lots within this exemption. If this is the case , then a draft Well Sharing agreement needs to be submitted in accordance with Section 4-203(M)(1)(b)(5)(b). 8 . If the well is to be shared between the two proposed parcels, then the plat will need to create easements for the well head , access for maintenance, and any necessary water lines to serve both lots with the one well. Please identify these easements on the plat as necessary. Codes, Covenants , and Restrictions 9 . Please provide a draft copy of any proposed Codes , Covenants, and Restrictions (CCRs) for the Exemption. Should no CCRs be proposed for the development, then please identify this within the application. Once the above information is provided we can finalize our completeness review, schedule a date for your Director's Decision and proceed with the public notice requirements. Also , once determined to be complete , you may need to provide additional copies of the submittal materials to send to referral agencies (please keep electronic and hard copies of all submitted information). Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn. Please feel free to contact me any questions on the completeness topics noted above . We look forward to scheduling your Director's Decisions as soon as possible . Sincerely, David Pesnichak , AICP Senior Planner 970-945-8212 dpensichak@garfield-county.com Request for a Public/County Road split Exemption. The 40 Acre Parcel is the SW1/4NW1/4 Sec . 3 Township BS Range 96W also known as the Parcel # 244703200065 Garfield County planning and zoning 108, 8th St, Suite 401 Glenwood Springs, CO 81601 Larry D. and Danna B. Knox 950 Juniper hills Dr Parachute, CO 81635 Garfield County Planning and Garfield County Commissioners; This application and Surveyed Plat is being submitted as a request to separate a 40 acre parcel listed above into 2 independent Lots. The North lot will remain as part .of our grazing property leaving the South lot for the purchase and construction of a single family homes. A number of years ago we had power installed with transformers to cover both sides of the road. We have an accepted well permit requested and the driller scheduled upon receipt of the permit. There is 2 legal and usable access to both parcels on both sides of the road, and a tube already installed for the water from North to South under the road and the existing Irrigation ditch. The soil type is consistent throughout the total property that is very receptive to singe family individual septic systems. Upon our family acquisition of the property by Gus Morris and the transfer of the ownership to our family in 1958, all minerals were withheld from the sale, and the only irrigation ditch transitioning the property had already been granted by the SLM/Federal Government. In the past years with the upgrading of the road to a paved road and the increase of traffic from the gas development and the private sector, we felt it was far too dangerous to continue to utilize it as "Open Range" as depicted by the Sign Posted at the entry cattle guard. We fenced the property on both sides, as it is almost continuous for the next mile or so of the very crooked road. We feel justified in asking for this exemption and in conjunction with that, the removal of the 11sign" and the 11 utilization" of this section of road to the "Next Cattle Guard" from Open Range. We feel it is time for all of the Knox Family to consider the danger to the local traffic on this road. In the past 2 years in our transition back here from the sale of our aviation business In OR, I have witnessed several Near Misses on this section of Road. One being a young mother with 2 little kids, that only by the grace of the Good Lord, and her superior driving skills, was she able to live thru it with her 2 little kids. Thanks in advance for your review and consideration of these requests . Larry D. and Danna B. Knox ...... -· cG Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com F SUBDIVISION/EXEMPTION Major Subdivision 0 Sketch D Preliminary Cl Final Conservation Subdivision D Yield D Sketch D Preliminary D Final C Time Extension INVOLVED PARTIES Owner I Applicant DIVISIONS OF LAND APPLICATION FORM C Preliminary Plan Amendment D Final Plat Amendment Name: /... JJ fi' fJ Y /}_, flfl..12.X . Phone: ( eIIJ ) ~ 'l.'L/ ~ J Mailing Address: J a 1112. J]/ N LP.ER J.:j ILLS J) R I City: .E4Ji.ArJI v/E State: /!{) Zip Code: fj':Lb ;( ri E-mail: Representative (Authorization Required) Name: 5AA Phone: ( ) Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: .&-4 +:t--J2 .3-~ --9-Cl -_Q _jg_~ Physical/Street Address: Legal Description: ·'5J44Y;_N.E4 §~C. 3 ,'l:IJ.lVlJt.!i1/.J.,E. :?l, 5_ fi 'll.P JY Zone District: Property Size (acres): 4fOAC t - / I Project Description Existing Use: Allf RtC.vt.rfd..R~ Proposed Use (From Use Table 3-403): Description of Project: .[f/?1. tr ,l?lft),P£ R 1)1 AL DNO, {'/){) '!!'Y ]? [J ;£.D ~ Cti. £A-n N ~ flA./Vt> F? T If ~ ~~(! v r .// J-.D 7:3 Proposed Development Area Land Use Type #of Lots #of Units Acr eage Parking Single Family JJ_ Duplex Multi-Family I Commercial Industrial Open Space Other Total I REQUEST FOR WAIVERS I Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: ____________ _ Section: ____________ Section: ____________ _ Waiver of Standards Ll The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: ____________ _ Section: Section: ------------- I have read the statements above and have provided the required attached information which Is correct and accurate to the best of my knowledge. ~ 0,7-/2-;J-!JI? Date OFFICIAL USE ONLY Fiie Number: ____ ·----Fee Paid:$ ___________ _ ( cG Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ,4A tfJLV ./). ,J1V4)( ___________________________ / __ agree as follows: 2. Ttie Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: ~~ Phone: <tz;2> £tf5-9',j'! jL Billing Contact Address: c.". t/J AL$' /;)/F , City: r.J A JfA-Ml/TE State: /! t) Zip Code: 'f?.l,£J7/£ ,, Billing Contact Email: L .4. ~V@AJ!?P/J tfTL!/)@-9, {7aM Printed Name of Person Authorized to Sign: __,L.__..~"-'-'JE ...... ij--V.___,/l"°---1_,_ffi~;y;-'--{)--'-)(.;_ ______ _ ~ N--/Jl~MJZ .7~ ' (Date) 7/13/2017 --.l G Garfield County Application Date Plan Case Type Parcel Number* Project Name Applicant I Owner* Project Address* City* Section-Township-Range* ,---... Subdivision Block Lot or Tract Zoning Owner Mailing Address* Owner Phone* Submission Completed Planning Application Receipt 07/13/2017 Exemption Public/County Road Split Exemption 244703200065 Knox CR 306 Split Exemption Larry Knox Sec03, TOSS, R96W Parachute 03-08-96 R-Rural 950 Juniper Hills Dr., Parachute, 81635 970-285-9414 Representative (Arch, Eng, etc.)* N/A General Description* Fees and Payments: 'ee Name The applicant is requesting Public/ County Road Split Exemption on a 40 acre parcel located within the Rural zone district. The parcel is split by CR 306. Fee Amount htlp://vits8websrv.garfield-county.com/Forms/Form/Submit 1/2 7/13/2017 Submission Completed Application Fee $ 300.00 Total Fees Due: $ 300.00 Payments: Date Pay Type Check Number Amount Paid 07/13/2017 Check 10626 $ 300.00 Total Paid: $ 300.00 Total Due: $ 0.00 Special Notes Permit Number Assignment Prefix RSEA Number 8564 Month* -07 .. Year*(?) 17- Plan Case Number* RSEA-07-17-8564 Received By: LKROL http:J/vits8websrv.garfield-county.com/Forms/Form/Submit 212 =G'-Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .garfield-county.com TAX PARCEL NUMBER: 244703200065 PROJECT: County Road Split Subdivision Exemption OWNERS/ APPLICANT: Larry Knox REPRESENTATIVE: Owner DATE: June 9, 2017 PRACTICAL LOCATION: No address in County Records. The Parcel is approximately 3.5 miles southwest of the southwest Battlement Mountain PUD. ZONING: Rural TYPE OF APPLICATION: Administrative Review -Public/County Road Split Exemption I. GENERAL PROJECT DESCRIPTION The Applicant is requesting Public/County Road Split Subdivision Exemption on a 40 acre parcel located within the Rural zone district. The parcel is split by County Road 306. The Applicant has not supplied the amount of acreage to be in each proposed parcel. The Applicant will need to address the specific provisions of Section 5- 202, including how the right-of-way prevents the joint use of affected proposed lots and how access, water and wastewater service will be provided to all parcels. A final plat will also need to be created pursuant to Section 5-402.F, Final Plat. It is understood that each parcel will be served by individual wells or one well with a sharing agreement for both parcels. It is recommended that the Applicant contact the Division of Water Resources to discuss their regulations regarding well sharing in this instance. The applicant will need to demonstrate adequate legal water (a well permit and augmentation plan, if applicable). A 4-hour pump test and water quality test are required. In addition, the applicant will need to demonstrate that the soils are capable of handling a new OWTS. Any new septic system is required to obtain all necessary OWTS permits from Garfield County which would be required as a condition of approval. The property is located within the Rural Zone District with a minimum lot size of two acres. The Garfield County Comprehensive Plan of 2030 designates the land as Medium High Residential Density with a density of 2 to 6 acres per dwelling unit. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan of 2030 • Garfield County Land Use and Development Code, as amended • Table 4-102 -Common Review Procedures and Required Notice • Section 4-103 -Administrative Review • Table 5-103 -Procedures and Notice • Section 5-202 -Public/County Road Split Exemption • Table 5-401 -Submittal Requirements • Section 4 -203(B), (C), (M), (N) -Submittal Requirements • Section 5-402(F), Final Plat and 5-402{1), Codes Covenants and Restrictions Ill. REVIEW PROCESS • The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review. IV. SUBMITTAL REQUIREMENTS Please refer to Table 5-401 and Section 4-203 for more detailed submittal information. Below is a summary of the submittal requirements: 2 l. 4-203.B General Application Materials a. Application form b. Agreement to pay form c. Project Description d. Deed and title work e. Names and mailing addresses of mineral owners of subject parcel (See attached Memo) f . Names and mailing addresses of owners of property within 200 feet of subject parcel 2. 4-203 .C Vicinity Map 3. 4 -203.M Water Supply and Distribution Plan Note: Provide evidence that all parcels will be served by a legal and adequate water supply . 4. 4 -203.N Wastewater Management and System Plan Note: Provide evidence that all parcels will be served by an adequate wastewater system. 5. 5-402.F. Final Plat Note: Plat should be prepared by a licensed surveyor and should include all easements or other encumbrances on the property. A t itle commitment should be submitted to ensure this information is accurat e. Any new easement as a result of the subdiv ision should be shown on the plat. 6. Response to Review Criteria in Section 5-202 .C. In considering a Public/County Road Split Exemption application, the applicant shall demonstrate the exemption will meet the standards in Section 5-202 . The Applicant should respond to each of the criteria below: a. The right-of-way prevents joint use of affected, proposed lots. b. The proposed exemption lots have a sufficient legal and physical source of water pursuant to section 7-104, Source of Wate r. c. The proposed exemption lots have adequate sewage disposal system pursuant to section 7- 105, Central Water Distribution and Wastewater Systems. d. The proposed exemption lots have legal and adequate access pursuant to section 7-107, Access and Roadways. e. The Final Plat meets the requirements per section 5-402.F., Final Plat . Submit three paper and one electronic copy (CD or USB Stick) of the application. Both the paper and digital copies should be split into the above individual sections. IV. APPLICATION REVIEW a. Review by: b. Public Hearing: St aff for completeness re co m men datio n and refe rral age ncies for additional technical review X None (Director's Decision) _Planning Commission _Board of County Commissioners _Board of Adjustment Though no public hearing is required, the appf icant is required to mail notice at feast 15 days prior to the date of the Director's Decision to all Adjocent Property Owners with 200 feet and Mineral Owners of Interest. 3 c. Referral Agencies: V. APPLICATION REVIEW FEES May include but not lim ited to Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, Environmental Health, and State of Colorado Division of Water Resources. a. Planning Review Fees: $ 300.00 (Check made out to Garfield County Treasurer) b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews the application for completeness and sends the Applicant a letter once the review is finished. If the application is not complete, the Planner will request further documentation or clarification from the Applicant. Once complete, Planning Staff and referral agencies then review the application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Community Development Department. The Director's decision is subject to a 10-day call-up period, during which the Director's decision may be reviewed by the Board of County Commissioners . Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The meeting summary is valid for six months after which an update needs to be requested. Application Submittal -Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: David Pesnichak, AICP -Senior Planner 4 June 16. 2017 Date Garfield County Assessor Data Site Jim Y ellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.91341(F)970.945.3953 I (E) lwarder@garfield-county.com Account Information Account: R041945 Parcel: 240934300173 Owner Name: GRAND RIVER RANCHES LLC Owner Address: PO BOX 280969 , DENVER, CO , 80228 Property Address: 300 COUNTY RD, PARACHUTE Legal: Section : 34 Township: 7 Range: 96 A PARCEL OF LAND SITUATED IN GOV'T LOTS 2 AND 3 OF SEC 3 TWN 8 RANGE 96, AND THE SW1/4SE1/4 AND THE SE1/4SW1/4 OF SEC. 34. Tax Area: 027 Subdivision: Sales Information Date Deed Type Doc Number Granter 10/15/2004 WO 661995 REPPO, THOMAS E. & DONNA ... Taxable Values History Year 2017 2016 2015 Property Details Model LANDO LAND 1 Land Actual 35,980 30,320 30,320 Imp Actual Total Actual 35,980 30,320 30,320 Attribute Name ABSTRACT _CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD ABSTRACT_ CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD Grantee APOLLO ENERGY, LLC Land Assessed 10 ,440 8 ,790 8 ,790 Imp Assessed Amount 830,000 Total Assessed 10,440 8 ,790 8 ,790 Attribute Value IRRIGATED LAND-AGRICLTRL 54.7 0 UNA BRIDGE AREA -AG PARCELS GRAZING LAND-AGRICULTURAL 15 .301 0 UNA BRIDGE AREA-AG PARCELS Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.94 5.3953 I (E) lwarder@garfield-counly.com Account Information Account R006098 Parcel: 244703100074 Owner Name: MANESS,SAMUELPAUL Owner Address: 328 JUNIPER HILLS LANE, PARACHUTE, CO, 81635 Property Address: ,PARACHUTE Legal: Section: 3 Township: 8 Range: 96 A TR IN LOTS 2 & 3 CONT 46.318 AC. Tax Area: 047 Subdivision : Sales Information Date Deed Type Doc Number Grantor Grantee 04/17/2000 WO 562157 REPPO, THOMAS E. & DONNA ... MANESS, SAMUEL P. & PHYLL. .. Amount 95 ,000 Taxable Values History Year 2017 2016 2015 Property Details Model LANDO XFOBO Land Actual 90,000 98,000 98,000 Imp Actual 920 Total Actual 90,000 98,000 98,920 Attribute Name ABSTRACT _CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD BUILDING_NO ABSTRACT_ CODE ACT_ YEAR_BL T NEIGHBORHOOD XFOB_CODE AREA_ UNITS Land Assessed 26,100 28,420 28,420 Imp Assessed 270 Total Assessed 26,100 28,420 28,690 Attribute Value 35 AC TO LIT 100 AC 46 .318 0 TRACTS-UNA BRIDGE AREA 0 NON-RESIDENTIAL IMPROVEMENT 1973 TRACTS-UNA BRIDGE AREA SHED FAIR QUALITY 0 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945.39531 (E) lwarder@garfield-county.com Account Information Account R042999 Parcel: 244703100081 Owner Name: KNOX, LARRY D & DANNA B Owner Address: 950 JUNIPER HILLS DRIVE, PARACHUTE, CO, 81635 Property Address: 325 JUNIPER HI LLS DR, PARACHUTE Legal: Section: 3 Township: 8 Range: 96LOT1 , DANNA KNOX SUB-DIV EXEMPTION Tax Area: 047 Subdivision: Taxable Values History Year 2017 2016 2015 Property Details Model LANDO RESIO Land Actual 670 620 620 Imp Actual Total Actual 167,860 102,900 102,900 Attribute Name ABSTRACT_ CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD BUILDING_ TYPE UNITS ABSTRACT_ CODE ACT_YEAR_BLT BASEMENT AREA HEATEDAREA FINBSMTAREA BATHS ARCH_STYLE BEDROOMS AREA_ UNITS ROOMS FRAME AIRCOND HEATING_FUEL HEATING_TYPE ROOF_COVER ROOF _STRUCTUR STORIES 168,530 103,520 103,520 Land Assessed 190 180 180 Imp Assessed Total Assessed 12,0BO 12,280 8,190 8,370 8,190 8 ,370 Attribute Value GRAZING LAND-AG RI CULTURAL 29.301 0 WEST OF PARACHUTE.NEXT TO UTAH FARM/RANCH FARM/RANCH RESIDENCE-IMPS 2006 0 1500 0 2 MANUFACTURED-HU D 3 1 5 WOOD FRAME EVAPORATIV GAS FORCED AIR CORGMETAL GABLE Ga rfi eld County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.91341(F)970.945.39531 (E) lwarder@garfield-county.com Account In formation Account: R043000 Parcel : 244703100082 Owner Name: FLOHR, JAMIE Owner Address: 1479 COUNTY ROAD 306, PARACHUTE, CO, 81635 Property Address: 1479 306 COUNTY RD, PARACHUTE Legal: Section : 3 Township: 8 Range: 96 LOT 2, DANNA KNOX SUB-DIV EXEMPTION Tax Area: 047 Subdivision: Sales Informati on Date Deed Type Doc Number Grantor Grantee 04/30/2012 SWD 818146 FANNIE MAE-AKA FLOHR, JAMIE 12/14/2011 PTP 812031 HOLGATE, KENNETH E BANK OF AMERICA NA AS sue .. . 12/09/2005 WO 688423 KNOX, DANNA B HOLGATE, KENNETH E & SUZA .. . Taxable Values H istory Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed 2017 70 ,000 231 ,160 301,160 5,040 16,640 2016 72,000 164,740 236,740 5,730 13,110 2015 72,000 164,740 236,740 5,730 13,110 Amount 174,900 323,798 100,000 Total Assessed 21 ,680 18,840 18,840 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970 .945.9134 1(F)970.945.3953 I (E) lwarder@garfield-county.com Account Information Account: R470019 Parcel : 244703400047 Owner Name: MCGRUDER, SETH & STACI Owner Address: 1851 COUNTY ROAD 306, PARACHUTE, CO, 81635 Property Address: 1851 306 COUNTY RD, PARACHUTE Legal: Section: 3 Township: 8 Range: 96 SEC. 3 NWSE EXCEPT 5 .0 AC IN THE NE COR OF NWSE DESC IN 595/536 Tax Area: 047 Subdivision: Sales Information Date Deed Type Doc Number 10/26/2011 SWD 811701 07/13/2011 PTP 805189 04/30/2007 WD 722275 04/19/1998 D 02/27/1998 WD 07/05/1994 WD 04/02/1993 WD Taxable Values History Year 2017 2016 2015 Property Details Model LANDO Land Actual 100,000 131,000 131 ,000 Grantor Grantee Amount FEDERAL HOME LOAN MTG COR... MCGRUDER, SETH TEAGUE, MICHAEL L WELLS FARGO BANK, NA BREWER, SHIRLEY A & DOUGL... TEAGUE, MICHAEL L & KARA ... 189,900 356,470 355,000 Imp Actual 151 ,820 151,820 Total Actual 100,000 282,820 282,820 Attribute Name ABSTRACT_CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD Land Assessed 7,200 10,430 10,430 Imp Assessed 12,080 12,080 38,850 84,000 50,000 25,000 Total Assessed 7 ,200 22,510 22,510 Attribute Value MANUFCTD.HOUSING-LAND 35 0 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945,3953 I (E) lwarder@garfield-county.com Account Information Account R270508 Parcel: 244704400055 Owner Name: JOLLEY, M CARTER, JR Owner Address: PO BOX 284, GLENWOOD SPRINGS, CO, 81602 Property Address: ,PARACHUTE Legal: Section: 4 Township: 8 Range: 96 SEC 3 N1/2SW. SEC 4 E1/2SE. Tax Area: 027 Subdivision: Taxable Values History Year 2017 2016 2015 Property Details Model LANDO land Actual 4 ,330 4 ,030 4,030 Imp Actual Total Actual 4,330 4,030 4,030 Attribute Name ABSTRACT_ CODE AREA_ ACRES AREA_SQFT NEIGHBORHOOD AG Land Assessed 1,260 1,170 1,170 Imp Assessed Total Assessed 1,260 1,170 1,170 Attribute Value GRAZING LAND-AGRICULTURAL 160 0 UNA BRIDGE AREA· AG PARCELS Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945 .3953 I (E) lwarder@garfield-county.com Account Information Account: Parcel: Owner Name: Owner Address: Property Address: Legal: Tax Area : Subdivision: Sales Information R270490 244704100052 KEINATH LIVING TRUST, STEVEN W PO BOX 5628, MINNEAPOLIS, MN, 55440 161 339 COUNTY RD, PARACHUTE Section: 4 Township: 8 Range: 96 SEC 33 LOTS 1, 2 LYINGS OF C/L OF COLO RIVER LOT 5, 6 , 7 , 8 , SESE. SEC. 34 W2SW. 8-96 SEC. 3 LOT 4, SWNW, SEC. 4 LOTS 1, 2, S2NE, SENW. A TR OF LAND CONT 80 AC. EXCEPT .96 AC FOR CTY RD ROW. EXCEPT 36. AC. AS DESC IN BK 959 PG 337. EXCEPT 2 TRS OF LAND CONT. (PARCEL 1, 190.24 AC) (PARCEL2, 123.77 AC) AS DESC IN BK 1200 PG 321. 027 Date Deed Type Doc Number Granter Grantee Amount 11/11/2014 SWD 857158 COLOHAN FAMILY TRUST Taxable Values History Year 2017 2016 2015 Property Details Model LANDO LAND 1 Land Actual 64,920 54,910 54,910 Imp Actual Total Actual 284,240 135,050 135,050 Attribute Name ABSTRACT_ CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD AG ABSTRACT_ CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD AG 349,160 189,960 189,960 KEINATH LIVING TRUST, STE ... 1,400,000 Land Assessed 18,830 15,930 15,930 Imp Assessed Total Assessed 20,470 39,300 11,930 27 ,860 11,930 27,860 Attribute Value IRRIGATED LAND-AGRICL TRL. 94.59 0 UNA BRIDGE AREA -AG PARCELS GRAZING LAND-AGRICULTURAL 149.97 0 UNA BRIDGE AREA-AG PARCELS i 3 .:i.-AP~ ~ 5 197$.;.: _. :oi .1. --, nt-... M · -. · . . ~eco!'_d ei:-. ;; .... ___ --·--~? clQ,1•'--f--· · .. . _ . ; .·. ~e ceptio::t No . -~93192 1-dildred Alsdorf, RecordM' .. · ._ ·--~·: ~;~'.:/~~~\~:~~;J11~1~~-.. · ·· . aomc:.=s.2.s~r:icrs -,. ~ *•• ••••• -··--~-. :::----·---·-----·· -·--·---·:._- ---, ___ _ ~OLY MEN BY THESE PRESENTS, that the und~rsigried; •, CROSS ELECTRIC AS$QCIATION~· INC~. .. RIGHT-OF-WAY: EASEMENT -.. -· ... KNOW ALL .t'. ·_ ....... :. JOSEPH A. BEVER & EVA BEVER, DEAf{ KNOX ':.& .MYRTLE . K~ox :.~:':· ... /;~.:/;.::y ··· ... , .. . . ..... ·; __ : .. : . -, ... '.:: . ·"-~)'.:);~~~·.~f>1·~·~:\'-" (he~einafter called ·11 Grantors 11 ) for a gqod and va.luabl·e . c.on·sit~.E;?~::f~:td,'.9,!,1;'(:1fi~'..~.':' receipt-whereof is hereby acknowledged, do · hereby .. _ _gr~t ._ ~µto ·_HOL_Y ~.~qggp_S(~;,~' ELECTRIC ASSOCI_ATION I INC., a cooperati:ve corporat;ion . Wh<?~¢. P()St:i?~:f:~ic'~~:~}.~f': address is Glenwood Springs, ·Colorado .<P.ereinafter called !!~.rafit:e·e ·")~;~~.~~~i: · to its successors and assig°ns, the right of ingress and i?"gres·s :·~a:cf¢>~.~t:·'.J/~h:. of Gran tor, situate in the County of · Garfield, State o:!=.·· C61?.~~,d(>,.~~ .·.p~-~~)~:;f~R~~ as follows: . . ... : '··~<:-.~ .. ~:-:·.--'.:;~~·l~~ff~:. A l?arcel of land situated in Sections . 2 and } , T.o~nsh~p S )=>9.~~.ir.~:~~~;jt,,. Range 96 West of the 6th P .M. as more fully descri~ed iri; ·f:1.~~9.k.-.~:.s:~~~:~:::) Page 820; Book 339, Page 328; Book 334, Page 245;-·BO.ok "3 ·?9_,:;:pa_;g4~·~~~:·~f:.tf0,. 16 9 of the Garfield County Courthouse, Glenwood Springs·', 'Co.lo_:i:-adqj;;.~?.'fr~~J · · . ; .. ~ · .. · ~ ·>~ ~~~: ~::~:: ~~;r1~i-= .. ~·i%$i~{~~=i2:;~ And, to construct, reconstruct, enlarge, o p erate,· maint,~in and r .~o~.~~: ~11/::,~\~:f./t.:1.i electric transmission or distribution line · or system, "?ithin the .·.ab6y~'~/:.=-·:::'a:;~~;;,~(~~~'.;}; mentioned lands, upon an easement describ~d as follows·: · ·.·/,( .::."/:./(:~{·=¥.·~~ . . : ~ .. :~·-;:.~ .... -~: .. ~.: ·~·:.·~eir~~}~~ ·An easement twenty (20) feet in width, the centeriine for .S?-iP._~:;.;'."'.'.·.:)~.:./:)·).:~,~~ easement being an ov.~rh'ead power lint? as constructed;· fhe · ·:·:'· ... :.~ \;~;·::).i':;,:_:?;.::,f,~.:t1 approximate location of which upon the above described -.property~ :~~ .. ·~-;·;·~/({[:i~t~ is shown on Exhibit A, attached hereto and made a part. h~:req~·· ::··:-.:~r".:\.I\~J.i' ·· by reference. _ :_ ."~'-·;=~~~::· ;./'~~''f~~~~·;{i.1.~i And, in addition, Granters tiereby grant to Grantee, and to its succ_e·~sO:~s :·,~~~#V a. 0 • • ,. , , , 1 , ·~· .• ... ...... ,I 04,,_. ~·,J:. a s signs., the t'J.g h t to c l ear · all trees and brush, by mach,ine work or. _o:tfi~.lik/;i;s.¢1~~~~~ withiX: said €asement~ and the further right to., cut .tree~, ev7n-·t.hcni~ .. li{f':li5¥·~~{~~£S] of S?-1.d easem ~nt, which are tall enough to strike ·the wire-? in fall_in_g:.-_:-;-· ::~:.::;;_·:>d·,;,7.:~ ' ·.:... : ·~: ~~ .. ~·:_:~ :.;·:·:~·_:·;::·:;~::~~i~ Granters agree that all poles, wire and other facilities installe.d ::by, Gr:an:t~ee;2.::.';:~~ on the above described lands, shall remain the property of Grantee.~ ~and~':sfia.*¥~f~~ be· removable at the option of Grantee. ·~ .. -· -~~·-=:·:. ·::.·-:-~~:-~~~~{~ . '· · .. : ... ·~-.::;:-:::~!, ·~: .. ~·~·~: Grantors covenant that they are the owners of the above described ... land·s :~ a~·a_:~~f?S'~ that the. said lands are free and clear of encumbrances and liens ol: ··wh.~}:.~Fi'~Y-~;~~~; character except those held by the following: '· ··. ·: ~:·>~<:~-:J:-~ TO HAVE AND TO HOLD said right-of-way and easement, to_gether .wi-t;.h al L aJ'.l~·~':?:.:};.:':.:'\:ij singular the rights and privileges appertaining thereto, unto Grante_e,· .its. <::·)~:~ success.ors and assigns, forever. · ·. -::··· .. :_:»is·~·; . . . -. . ; .. ·. ·-. :~:'··~:~ ;f\.~~~; duly. . e:i:cepu:t~~:~<?~'?-': .. . , . --. 't\'. "-~·::_ t,~~ IN WITNESS WHEREOF, Granters have caused these presents to be this day of :, 1979. w-d&i&/. E t1.Da.., WeJffii -1 Eva Bever ~ · .. ~-..... . .. coUNTY. OF G4t~FJrL D SS. .• r·· .. : ··' : .. · ·. ·· . .. . .. BOOK ·525 PAGE611 · iJ ~yrtle Knox STATE OF L"o~~INJ.Cb .) /) ). . COUNTY ~OF (_g. A"R£·1 f ,~ D ) SS • The _foregoing · ins-trument was . acknowledged before· me this ...s?.{. day of A-PR 1 ~ _ ·, 1 _9 7 9 , by DEAN KNOX and MYRTLE KNOX. WITNESS my hand and official seal. My commission ~xpires~ My Comrr:is•ic n 0 .. ·, "' •· ·.-.. pi .cs ''o·.,-. _21, 197.9 . ·~. .. ~ .. : .;:·.-~ .. :·:: '~ ·.': .... . ::.-; . ·. ···.-.. .. •: ~:;.:;.~;.':;:J.ffi '::6t-::f:..;:. !\f; ,. .. -fli,~·: ;'.~~~~'~\ ,:.·,~·.ilJ ·'.{CL,:c .)< . ''"'·~··<t= '·'"· ·ro :-: n{il :· .. ·. ~~?~~~;l;~~~:;:~;E:\. · .-:::-:Q '.'fi.~;r-~~··· .. <:::,.D.-' -~ . .... ~ =-·= .· .... b' Qi ~ '(')_ f\:i . ·~ ~ [ ~- --C fl] (fl \ ,I \ . \ o . Ft:NO:, . --x S;--x --io::--Y.---;i<--- -~ 0 l fJi :::t: 8 ~ .. --·· ·-~._ --··-·· ... = CJ CJ ~ C!l tJ 01 ?11 ~ ... --.. -· R~c~rCferl ot _pY!~o'dock---P-M . NOV 4 1981 Reception No. _,32\10S9 M ILDRED ALSDORF, RECORDER ""'-·-; J,· ;//, I,~ . !,,,. BO~K !)~!) P!G£1.~!fl ·'· i 1: .. ... "'."' HO LY CROSS EI.ECTRIC ASSOCI ATION I INC. RIGH'r -OF -WAY EASEMENT ,_ KNOW ALL MEN BY THESE PRESEN ·rs, that th·e undersigned, DEAN M. KNOX and MYRTLE I . KNOX (her.:inafter called "Grantors"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC ., a cooperative corporation whose post office address is P .O . Drawer 250 , Glenwood Springs , Colorado ·~hereinafter called "Grantee") and to its successors a n d assigns , the right of ingress and egress -across lands of Gr.antors, situate in the County of Garfield, State of :· Colorado, described as follows : Parcels of land situated in Section 3, Township 8 South, Range 96 West , Garfield County, mo::::e fu l ly described in Book 512, Page 987 in the Garfield County Courthouse, Glenwood Springs, Colorado . And, to cor.struct , reconstruct , enlarge, operate , maintain and remove an electric tran·smission or distribution line or syst em, within the above mentioned lands, upon an easement described as follows ; An easement twenty (20) feet in width, the centerline for which being overhead power facilities, the approxi mate location of whlch upon the above mentioned property is shown on Exhioit A, attached hereto and made a part hereof by reference. Thi.s document specifically allows the installation and removal of additional overhead conductors, crossarms, poles, downguys with anchor and/or related equipment upon the eas e ment described by the attached Exhibit A. And , in addition, Grantors hereby gran t to Grantee , and to its successors and assigns, the right to cleur all trees and brush , by machine work or otherwise, within said easement , and the further right to cut trees , even thou gh outside of said easement, which are tal l enough to strike the wires in fal l ing . Grantors agree that all poles, wire and other facilities inst alled by Grantee on the above described lands, shall remain the property of Grantee , and shall ·be removable at the option of Grantee. Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatso- ever charact er , except those held by tile following : TO HAVE AND TO HOLD , sai d right-of-way and easement, together with all and singular the rights and privileges appertaining thereto, unto Grantee , its successors and assigns , forever. IN W.ITNESS WHEREOF , Grantors :ave caused these presents to be duly executed on this / C! day of {jl--6'£:. , 1981. '>· STATE OF COLORADO ss . COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ~ @cf-. , 1981 by DEAN M. KNOX and MYRTLE I. KNOX . - day of WIT~~M~!.~"·h~nd and off0' ~7,1 seal . a l~/c<;>~1t6·s~n\ expires: <(/v/f3 74 '\":) 1 I / ::>; \:)'\ ~ "· 0 o J,,1 0----::J:W ~I ~ :t ~. ~-~ ~ j ~ f --.:r}u.a~. -"""'~N..!.ot..::.a_,, i:L-y~c ::::P:::..:ub;:...;l;:..i;_c _____ _ .. ··,.'!pu<¢...,. , ¢:, -\ .. ·;~· ... ~:~><~:./ \. " ..... Ar, o\.;r~bit~l-92/9 :Knox : Satterfield: 10-8-81) . ··n-:~·-~.._~\~~/! .: .,. • L . ~ . ' ! • ;.· . '.•: .· ... .. ·' ;·. .. ,.· .· ~LlD L:N t b,j,/N-4 ,4, . .,,,.,_L;..,,; tJor£/J Li,.,;C: lf.,/nt£D If'.,.~ . ., J.,·,,,r o ' j/,1w ~k /_,,c,,_,., /,,/;, • .C-.,,;-.,r,..,~ A.l:. L.cc-"7'·',.; ~-,. /l,vchots ArJD 9'"1""1 W;<t.<i: ~ ..... , ' .. •. ~·· · .. ·:· 585 P .~G t 13B : .. : .·:.: . ~ :~ ... ,, ,t:11y ·M ·<-·N I O<L.IJ,.,D J..;IVAJ4'<.11:~4_ I I ': I 0 I . 0 ·; /. .·· '\' .. i ! •'. .· ... ... ' ···., ~: :' ·.· ... --;--~ .i /':: ~ •• : • .. . :/~j·~:ii ~:/. : ·1 . :~-~~$(:{¥.~~·;·~:~"~. :~'.~~ ~·~~•'!!: -·.;.;_:.~;;·;.~:_~~-;/• ·~ ..... ""' ·~;_·: .·.;.'~ ..... :: .. : .. : .: '~-.· . . . .j},'.·i;J ·;,_ ·~ -l .... ~ .... -~~,t ~~·j\;.~_~;;;·~~.-::~~:~~ ;:~:· ... , Parcel No. _ __:R~G:...J:...-_4..:..0:...·_ -y;;.;r_·,t-.i •••. /;. ... f~f::'.t EASEM£NTm•Mio /tfL d•yo::~~::.4 ,·'.;.;. a ~ Dean M. and Mvrtle Knox fl I ; "3° CC: 0: , 19.J!;_. between------- ;OJ, .o o of the County of , Seate of Colorado (hereinafter called ''Gra.ncor '', ~ ~ o whether one or more) and Colorado-Ute Electric Association, Inc., a Colorado corporation, having a ·c--a: u .. Cl. ~->-' principal office at 18.J:5 S. Townsend Avenue, City of Montrose, County of Montrose, State of Co lo-·:eJ · · •§ !; rado (hereinafter called "Colorado-Ute"). ·en .-05 , Ul 0 1: .. ; <tu ,·;~->~~-,.~~~ . _,a: IV ~~~ 1·'. .. ~~~ ·~:-~· :. -' ~ "': '. :. 0 ..... z f(f l •• Lo. 0.. . 0 Q) . g g) a: a::, . : . ·+· • -1. InconsiderarionofthesumofThree Thousan~ Five Hundred & no/100 (S3 ,500 .00) dollars paid by Colorado -Ute to ·Grantor, the receipt of wh·;ch is hereby acknowledged, and of the further agreemems and considerations s;;ared herein, Granter hereby grallts, bargains, sells, and conveys to Colorado-Ute and its successors and assigns forever, an easement and right·of-way for the construction, reconstruction, replacement, removal, upgrad.e, maintenan.:e and operation of an electric transmissiOn line consisting of poles or stru;tures and appunenances the~ rto, supportin g one or more electric circuits, together with the right to alter, repair or remove the same in whole or in pa.rt at any time, which right·of- way shall extend 7 5 feet on each side of the center line of the described real property as shown on the attached Exhibit A (plus such additional area as is necessar y to properlv guy angle and deadend structures , if any, located upon said right-of-way), sitUated in Garfield County, Color ado, and described as fo ll ows: See Exhibit A-1 The purpose of this "Re\'ised Easement " is to revise, replace , and supersede that Easement from Dean M. Knox and Myrtle Knox to Colorado-Ute Electric Association, Inc ., dated March 12 , 1984 , fil~d and recorded in Garfield County , Colorado in Book 645 at Page 671 and in particular to correct the legal description and calculated act·eage cf the easement area . 2. Gramer further grants to Colorado-Ute and its successo·rs and assigns the righr of ingress to and egress from the above-described right-of-way by means of existing roads md lanes, if there is such, on Grantor's adjoining lands, or by such route(s) as shall be agreed upon by Granter and Colorado-Ute, as shown on the .attached Exh ibit: B. Granter may relocate any such road(s), provided chat access w the right-of-way, satisfactory to Colorado-Ute, is maintained. 3 . Cobrado-Ute shall have the right to trim and to cue down and cleur away any ani:l al l trees, !;rush, ar.rl shrubbery either on o r off the right-of-way ~vhich now or hereafter in the opinion of Colo- rado-~•e may interfere with the safe operation and maintenance nf the line or other equipment. Any and all creel cut and removed bereu.'1dl-r which are raluable for timber or wood shall remain the property of GraJ:tor .. AJJ rops, lops, brush, and refuse wood shall be burned, chipped, scanered or removed by Coia~ado-lk-:. 4 . Colorado-Ute shall have che righr co inscaJl, maintain, and use gates in all fences which now or ~c.reafter cross the tight-of-way . 5. Grantor shall have the ri gnt to use the right-of-way for any purposes which \vill not, by rhe written determination of Coiorado-Utc or its a~signs, constitute a hazard to iife or iimb, or inceri'ere with Colorado.Ute's full urilization of the rights hereby gr:um:d . By way r,f ex:imple (and not as a lim.~.tncion), unless written permission is granted, Gran tor shall not erect or construct anv building or other strucrure (including mobile homes or travel trailers), or store Oammable or es.plosive materials, or ·conduct fueling operations, or construct, install or operate above ground mechanical irrigation facilities wh ich could inake an electrical conract with the conductors, or drill wells or conducr mining operations, or apprcci?-bly alter the grade of the ground surface, within the right-of-way. Colorado·Ute shall not unreasonably withhold such permission. :::,..:· .. ·~. 6. Gran tor agrees that all pole s or towers, wires, and other facilities inscallcd on the right-of-way jq.:-'..~·<.< · at C.olorado·Ute's expense shall re."Tiain t h e propen}' of Colorado-l;te, removable :it the option of •:;:r-'., ·.· : Colorado-Ute, or ics successors and assigns, ·md further agrees to che joint use or occupancy of r.he line l;{:~,;./ ~:.· by any Other person, association. QT corporation for eJe.:crification or celcphonc purposes. ~~~f);~:;,;_; ~:.:::..::·~ ', __ , :.,.;dJ.~~{.~i~~~.:.;;f;:?~:!~.~~~::;'.::-·>>•I:; ~~:.~-:!, :: .. ~'_!~,::·.:. ·: "• ...... ~ -~•··~· ... ~·.'!·.,~"' · ... • ; ~ • ::.~·--• .i:·.f!,'.i ~: :~ ·:::,: : ;,• ~· :•', 0 o• ~. ~·\ ·;:r '~;x.•:,!.i .. ":'·.' .. :.~. ,:.-.· · .,.. .. " . · . • · · ·' . · · . . . BOOK· 656 rAGE338 .. · · ,,,(:':. :;:.:f~~-~~-~-~,;·{~i;:~~·;:<~:t":; ~ 0 :· .:LO.~-:. ·,·.: ; ~ 0 '. o o 0 0 0 0 :• t < • >+ o 0 0 0 • .. .. •o ' 0. • 0 0 • t • :··~ .~· .. !~ '·;_:·: ~? ~','.'-\~¥1i:.J;;1 i~,:.7 : ~~Ciforai:!o-J:ice shall u:se due care and.diligence m the ex<:rcise of the rights and privileges gra.ntc ... ~~</:·~{· :·:._:/,' h·e~e'U:-', to· a~~id ,d;;rn-ag~ to crops: 'Jive.stock, fencq, ,hTigariC!n s:ystems _or oc her iinprovemen~s or personal ':.;,:':; ":::-'..' ."' -'pi"oJ"erty ·~vithm the right-of-way ,,including' any access road(s). If any such damage occurs, and is. caused :~\:, ">_·, · .. ·by· Colorado-Ute a ·uring the ~xercise of such rights and privil eges, Colorado-Cte will compensate, or c:iuse ':~;:'.. ~ compcnsatiori to Grn~tor, or \;.ill repair such damage. '' 8. In the .event th.e· transmission line is removed and the right-or-way is permanently abandoned, this easemenL shall b e tenui.naced by a quit claim deed from Colorado·Ute, or its successors nnd assigns, to Gramer(~), their heirs o r assigns. . 9. Grantor(s). warrant that they are the owners of the above-described lands and that the said lands are free and clear of all liens and encumbrances, except those h'eld by the following persons : 10. This easement agreement shall be binding upon the heirs, successors and assigns of Grantor and the successors and assigns of Col0rado-Ute. L'l\l WITNESS WHEREOF, the undersigned Grantor(s) have set their hands this _J-1.=.L,--rL_, __ day of (),.r.,uo+ ,19£i_. °" (} .. {P l:ease /or p rin t name below signarure} !/ ~~ ct2:2.-a· -=y') 221:. Qt:;z &L-__,/tl1~vL'F=-"-n±k-==-..;""'---'~-=-"--'""""'GJ::;::.~- Dean -M . Knox _... / Myr tllfl Knox (Note: Use: acknowledgcm~nt Form A for individuals, husband and wife, plU'mcrshlps; use F orm B for corporations) FORM A ACK.t'\/OWLEDG.EMENT STATE OF COLORADO COUNTY OF ~~ ~s . /} T he foregoing insrrament was acknowledged before me this __ ,_/..._(-"() __ day of {k~·, i9 Jj_, by Jla .. -a ,a1 KNtj -1-41,,_,-r-/.1 ,r<J.4 WITNESS my hand and official s~al. My commission expires. A/111) aa, t<UJ</ FOR.vi B CORPORATE .-\CKNOWLEDGEMENT S'.f.UE OF COLO RADO SS . COUNTY OF ) The foregoing instrument was acknowledged before mt: this ------day of ------- 19 _, by · , President, and Secretary, of -------------- WITNESS my hand and official seal. My commission expir es -----------~- Notary Public Adtl1 e~s '' r.· ~. ~ f 0f ;¥\'t< ; .' ' . ' . ~'::: ' <: :~.~ , . . ·. . . ' .. ,, · :· '. · COLORAOO-uTE · ELECTRit AS.SOCIATIGH IHC. .. .. · PARCEL RGJ-40 ·. Legal Description ·: " :··.; · R·if·l e-S.an Juan 345 kV .. : . .!· .. ,.; T1ansrnission Li ne · Owner: Dean M. and Myrtle Knox A strip of land 150 feet wide over a portion of the SEJ:i of the NW:i of ·sect.ion 3, Tonwship 8 South, Range 9·5 West of the 6th . Principal Meridian, .Garfie ld ~ou nty, Colbrado, the center li ne of which is described as fol l ows: ·. . . Commtnciiio at the N~ Ccrncr uf said Section 3; theii\:C $ 01011 1 14 11 W, 1355 .32 feet ·to the -Northeast Corn.er of sa i d SE!.4 of the NW'-'4;. thence N 890l2'35" W .. a l ong the .North line of said SE'4 of the NW'-'4 a distance of 744 .22 feet to the point ·of beginning; thence S 54052'02" W, 704.8 1 feet to the West line of said SE~ of the N\.Jl;\ and the point of ending, said point b~ing S 88052'5 1" E, 1306 .. 99 feet and N 00052'16" E, 925.86 feet from the Wl.i Corner of sa id Sect i on 3 . The sidelines of said strip to be prol)nged or shortened to begin ·on the North line and end on the West line of the SE~ of the NW'-'4 of Section 3. Said strip contains 2 .43 acres, more or less . Bearings based on the Colorado Coordinate System, Central Zone . I certify that this survey. was performed by me or under my direct responsibility and supervision and is true and correct to the best of my knowledge an6 belief . ~a~ 5-t-84/ Bruce Antc1iff L.S . #18253 Exhibit A-1 ·-.-:; . . . ·' . ~ . ·-. . :· STA.1297+15.34 .. ' STA .1304+1993 .... • 1 •. ·• SE 1/4 NWl/4 ·~ Nl/4COR. SEC 3 'I FOUND RSC :~ J-t\J _'3:.1~ = I() 0 t() ~j- ·t.aa0 s2'sl"E 1306.99' _ _,,.._ ______________ _J .. •. ·; . ·.': ,, .... ··:· . W1(4 COR. SEC . 3 FOUND STONE IN MOUND .... BOO BEARINGS ARE e~.-sEo UPON TKE CQUlR!.00 STATE PLANE.COORDINATE SYSTEM, CEN. ZONE. · DATE .04_27 _ 84 SCALE: 1 ~ = 400' ~~!l~A; ···~··· ·.· .· ;;~·;y. ,' .. ·' ··. •:,,":· \ .': ,, \' \; i s;.so <.<'IJ iL . ff (l : ·/ > /, ·l· •• • ~ ~.1, . ~. 600X 656 ftGE341 EXH IBIT B To'(Jnship 8 Sout h, Range 96 West ,, I' ti r,. r,;hO M•D 1•1;1 "''"''·"(TIC 'f~itr n nCCt.l<<<\HQ ..... r C( ... l(Q t)' ~ .. ((l ·:.· ... ·-:~ BA 'f:TL f ME'~ t v--:_'. \ ( .1 . ,_,_. :.;.:-o !T'f . .:r'T: r I 1111 111 11111 111111 11111111111 1111 111111111 1111111111111 !548944 07/19 /1999 10:23~ 8 1140 ~23 n ALSOORF l of 2 R 10 .00 0 0 .00 GMFIEU> COUHTY CO TRENCH, CONDUIT. AND VAULT AGREEMENT Tho) agreement Is made and ente red 1mo this ~day of JUI V j(f/<f . between LARRY 0 . KNOX . whose malting address ls 12865 County Road 6820. Mo rwose, Colorado 81401 . her~called "Owner•. and lto ty Cross Energy. a COiorado corpor;mon whose mailing address is P 0 . Drawer 21 SO . Gl e nwood Springs, Colorado 81602 , d Colma.do Corporati on, hereafter called "Holy Cross". WM(REAS, Holy Cross has been requested by the Owner ro prO\lide underground e lecuic service w ithin an easement traverslng certai n real property described as follow~: a parcel of land located in Sec tions 2 and 3. Townsh ip B Sou th, Range g6 We st of the 6th P.M. as more fully d escribed In book 1028 at pages 523 and 524 of the re cords of the Carfleld County Courthouse . Glenwood Springs, Colorado: and WHl REAS , instal lation of such underground electric service will require trench and other excavations both within and o utside o f th e above desc:rlbed projecr property; and IM-IE~l:AS, tM Owner is required to provide all excavation, conduit and vault In stallation, backfill , cnmpimion and cleanup nec tl~d to construct the required underground electric facilities. NOW THEREFO RE, the Owner and Holy Cross agree as follows: I The Ow ne r s hl\lf provide all excavation. conduit and vault Installation. backtlll, com paction a ncl cleanup necessary for 1n~tallat1on of undergrou nd electric service to the above mentioned projeet Such excavation shall be located as shown on the constr uction drawing and performed as specified by Holy Cross. a. All e>ecavation, both within and outside the above described project properrv. shall be within dedicated or conveyed and reco rded utility easemems The top of all power facilities. excluding va ults, will be Ins talled 48" below final grade b Holy Cross will supply the necessary conduit and vaults for installation by tlte Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost o r damaged after such material has been Issued to and signed for by Owner. c. In the event that conduits or any other in stallati on provided by Owner are found to be unusable or impro perly constructed, lrrespecr1ve of whether such d iscovery Is made during or after insrallatlon, owner will be responsible for correcting said problems at its expense as speClfled by Holy Cross and Owner sha ll reimburse Holy Cross for all 3dditional costs resulting from said conduits or other Installa tion being unusable or Improperly constructed. 2 Oesphe the faa that Holy Cross reserves the r ight 10 specify acceptable excavation, the Owner shall perform work hereunder as an Independent contraetor, includi ng, but not limited to, the hiring and Orlng of Its own employees, providing its own tools and !!Qu!pment, payrnrnr or all wages, taxes, Insurance, employC' withholdings. and fees conneeted with Its work on the project. 3 1 he Owr.e r shall obtain all necessary d igging permits and utllitv locations prior to e xcavation. The Owner shall repair all d'ltnage caused during excavation promptly and at ns vipense. No excavauon will be underraken IVlthtn five (5) feet of existing underground power l ines except under the on site supervision of a Qualified Holv Cross e mplovee. ~ l ite Owner shall indemnify, save. and hold harmless Holy Cross. Its employees and agents, against any and a ll loss, ltabillry, claims, expense, suits, c.auses of action. or juelgments for damages to property or injury or death to persons 1ha1 may arise out of work performed hereunder. The Owner shall promptly defend Holy Cross whenever legal procced tngs of any kind are brought against it arising out of work performed hereunder In the event Owner shall fall to promptly defend Holy Cross. it shall be llable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees Incurred In defending any such legal proceeding . The Owner agrees to satisfy, pay, and discharge any and Jll iudgme nts and fines renderechgai n~Holy Cross arising out of any such oroceedln os. S The Ow ne r shall repalr any excavation settlement and damage to asphalt pavin g o r other surface improvements ca used by such sett lement resul\lng from work performed hereunder, both within and out~ode the above described project property, for a pe riod ol two (2) years from the date backfllf and cleanup are com pleted. 6. In the event the Owner shall not promptly complete all o r the obligations herelna bovc agreed to be performed by Owner , Holy Cross may give written notice by reg istered or certified mall demanding Owner to complete the work and obligato ons u ndertaken by Owner herein, and If such Is not completed within 30 days after receipt by Owner. Ho ly Cross may complete the work and obl19atlons hereof. If Ho ly Cross shall be required to compl ete the wor k. all costs of completio n shall be chargeable and collectible from the Owner. In the event that litigation Is necessary to collect such o bligation, lloly Cross shall be entitled to Its reasonable attorney fees and costs of suit. 7. As set forth In paragraph la above, Owner covenants that the trench, and all facilities within 1he rre nch shall be locatecJ within dedicated or conveyed and recorded utility easements and at the proP<!r depth below finished grade. tt shall be the obligation ol the Owner to properly locate and construct lhe facilities within the easement After compleuon of construction, if it should later be discovered that s uch facilities have not been properly looned within d~d1cated or conveyed and r ecorded utility easements. 1t sh all be the obhgatton of the Owner to provide new easements for the actual location of the facil ities. or to relocate the raciflties within the easement. all of which snail be at the sole cost and expense o f the Owner 8. f he Owner covenants thar tt is the owner of the above described property and that said property is free and clear of encumbrances and li ens or anv character, except those held by the following: The promises, agreements and rep resentations made by the Owner herei n shall be covena nrs that run with the land a nd shall be binding upon the successors in interest, and asslgns. of the property herelnabove described. Holv Cro s s Energy, a Colorado corporaaon BY'. _ _,~:::::........;~~~.:_::_--==-- Kcr'll Ben ham. General Manager W/0199· 16666·2 1·02. 03:Housetop Mountain Airstrip:7 7 Rf!viscd 7·24-98 1111111 11111 111111 111111111111111 11 1111111 111111111 1111 548944 07 /19/1999 10 :23A 81140 P524 " At.SDORF 2 of 2 R 10 .00 0 0 .00 GARFIELD COUNTY CO 1 I STArEOF __ -"~~'~''~·u1e_·~a~~;......J COUNTY OF ) ss. (?ZtJO ftCJ!......J . · 1n The fo~oing instrµment was acknowledged before me this ----1f:L:_ day of ~.by ~RRY. 0 . KNOX. ---(• (.. '.•,-I-----· J ' If Wll;N~~S IJ'IY hand and offltial seal . ~v ~~m i ssion expires : ,, is-;;. 7 o I • Nota ry Pub lic Address : f C. /io.r 89 /)/ua lrcsr. (l o STATE OF Cc ( ( 1 a .<c_____J _ / • ) SS. COUNTY OF v lj. i(• t. { d l The foregoing instru ment was acknowledged ~fo re me this /•/U'aay of __ ...:•:1.., . ...,•:::-'"'°-v;.~------- -1:1.J:L, by KENT BENHAM, GENERAL MANAG ER of Holy Cross Energy, a Coloradltforp9f<1 tion. WITNESS my hand and official seal. My comm ission expires : X , / c 1 W/0#99· 16666.21-02, 03 :Housetop Mountain Air stri p: 7 · 7 ·99 ;(. /(. Ii l"' "/\,, ~ ( " .. •• Notary P. lie Address : KliL 1Ul·'N<-rl. rlf'l( "''fl c~ .fu {)I Revised 7-24 ·98 1111111 11111 11111\ lllll \ Ill llll \1 111 111 111 1111111 \10~1 1 54 8945 07 /1911999 10:27A 81140 PS25 " ~ 1 of 2 R 10.00 D 0..lllil GAAF I ELD COUNTY HOLY CROSS ENERGY RIGHT ·OF-WAY EASEMENT KNOW All M EN BY TH& PRESENTS , that the unde rsigned. LARRY 0 KNOX (hereinafter called 'Granter"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant u nto Holy Cross Ener gy, a Colorado corporation whose post office address is P. 0 . Drawer 21 50, Gl enwood Springs, Colorado (hereinafter called "Grantee*) and to its successors and assigns. the right o f ingre.ss and egress across lands of Granter , situate i n the Councy of Garfield, State of Co l orado, described as fo llow s, A parcel of land located i n Sect1ons 2 and 3 , Township 8 So urh, Range 96 we st or t11 e 6th P.M as m orl! fully described i n book l 028 at pages 52 3 and 524 of the records of the Garfiel d Covncy Courthouse, Glenwood Spring~. Colorado. A nd . to construct. reconstruct, enlarge, operate, malntaln and remove an electric transm issi on or d istri b ut ion line or system, within 1he above m enti oned l;onds, upon an easement described as fo llow!>: An e;uem ent 1w en ty (Ul) feet In wid th . the centerline for said easement bei ng a power line a~ constructed, the approxlrnat.rlotation otwhich upon the above described property 1s shown on E'"x hiblt A attached hereto and made a part hereof by reference. It Is agreed that down guys with anchors can be Installed outside of the twenty (20) foot easement. The rights herein granted speclflcally allow Grantee 10 in~tall additional poles, down guys with anchors, overhead co nducto~ a11d/unelatec:tfatllitU!s-w i thin the easement described by the a11ac hed exhibit Additional down guys w i th anchors may also be Installed outside the twenty (20) foot easement And, In addition. Granter hereby grants 10 Gr:intee. and 10 its successors and .\Ssfgns, the right 10 dear all trtts and b rush , by machine work or o therwise. wi thi n said easement. and the further right to cut 1ree_s, even though outside of said easem ent. Which are tall enough to strike the wires in falling, Gran tor agrees that all poles. wire and other facilities insralled by Grantee on the above ducrlbed lands. shall r emam the property of Grantee. and shall be removable at the optlon of Gra ntee Grantor covenants that he Is the owner of t he above described lands and that t he said lands are free and clear of encumbrances and llens of what soever charaaer, except those held by the following TO HAVE ANO TO HOLD. said rlght-ohvay and easement, together w11h all and singular. the rtghl) and pnv1le.ges appertaining thereto, umo Grarnee, its successors and a.ssigns, forever. IN WITNESS WH EREOF, Gran tor has caused th~~e presents t o be duly executed on th is /(I rJl't Y , _ty_. day of / STATE OF CO UNTY OF '{ !..''fl ff'(), ) /J1. ) SS Mlrc:e l £' ~,/ ffi~~- 11" I The ~rqcioing Instrum ent was acknowledged befofe me this ~day of . i_..1 lj .1q , by LARRY D. KNOX . __ ......_ .~f-r-------' IMTNESS 11)Y0 hand and official sea l. My ~om~,ls.~lon expires: 05· J( Of ···-Notary Public Address: /() f><M %Ci, tlnla>~r f/2_ W/04'99-l 6666.21 ·02, Ol·Housetop Mountain Alrstrip:7·7·99 <tM•o\MoiJ I I I f I -fi_'£ -J . 0 0LE: -tl _ H--. -p~5--ff ---0-- AIRSTR IP L '--. soo c-;;rr I ~~GROUND 0 CONDu 1 r AND VAULTS. FU TUR[ EXH IBI T A Housnop MTN /\IRSTRtP S[CTfONS 2 ANO 3 TOWNS HI P 8 SOUT H RANG[ 96 WEs r 6 TH . P.I\//. W/O /!16666 \!AP 2 1 -02,0J 111111111111111111111111111 111111111111 m 11111 ll lt~I 549945 0 7/19/1999 10:27A 81140 P5'l7~~~0 1 or 2 R 10.00 0 0 .00 GARFIELD co HOLY CROSS ENERGY UNDERGROUND RlGHT·OF-WAY EASEMENT KNOW All MEN BY THESE PRESENTS, that the undersigned. tARRY D. KNOX (h"elnafter C311ed "Grantor"), for a good and valuable considcralion, the receipt whereof i s hereby acknowledged. does hereby grant unto Holy Cross Energy, a Colorado corporalion whose post office address 1s P 0 Drawer 2150, Glenwood Spt1ngs, Colorado (hereinafter called "Grantee·) and ro its successors and assi gns, the right of ingress and egress across lands of Gramor. situate In the Counw of Garfield. State of Colorado, described as follows: A parcel of land located ln Sections 2 and 3, Township 8 South, Range 96 West of the 6th P.M. as more fully described ln book I 028 at pages 523 and 524 of the records of the Garrleld County Courthouse, Glenwood Springs. Colorado. And, to construct, reconstruct, repair, change, enl arge, re·phase, operat e, and maintain an underground electric transmission or distribution l ine. or borh, with t he underground vaults, condui t, fixtures and equipment used or useable in connection therewith, together with associated equi pment required above ground, within the above mentioned land s, upon an easeme nt described as follows: An easement twentY (20) feet in width, the centerline for said easement being an underground power l i ne as constructed. the approximate location of which upon the ai>ove described property is shown on Exh ibit A anached hereto and made a part hereof by reference. The rights herein granted soecificallv allow Gran1ee to Install additional underground and/or pad mounted facilities within the easement described bv the attached exhibit. Toge1her with the right to remove any and all trees. brush, vegetation and obstructions within said e;isement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the Implement ation :ind use of the rights hereinabove granted. Grantor agrees that landscaping and other surface Improvements made on said easement will be minimized and that any damage caused to said landscaping and improvements by Grantee during exercise of any of its rights granted by this easement shall be repaired by the Grantor at his expense Gran1or agrees that all facilities Installed by Grantee on the above described lands, shall remam the propert'{ of Grantee, and shall be removable at the option of Grantee, Granter covenanis that he as the owner of the above described lands and that the said lands are rree and clea1 of encumbrances and liens of whatsoever character. except 1hose held by the following: TO HAVE AND TO HOLD. said right-of-way and easement. together with all and si ngular, the nghts and privileges appertaining thereto, unto Grantee. Its successors and assigns, forever. I.ti W1IN"5 WHEREOF. Gran tor has caused these pres9# to be duly executed on this _../Lday of r}-f.lr~ . . ,.-- /~- STATEOF {!,/cr11f(..i I 7 RRY7 · lY/ ) SS . COU NTY OF /!'C/J -lrq'( ) 111 l/l ,..., ~ The foregoing. Instrument was acknowledged before me this --,.LJL-day of _J,_,_J ,,.l.L"'"-1''1'--------~ /q 9 Q · by LARRY .D. KNOX. / wm1e:ss my band and official seal. ,,,/',. -.711"1('_· ,My ·~oni.rots~loO: expires . (,..' 8 ·;J.1 (•/ __,;d..{i'-'a-z./.J.do>L&.:a.i.M ...... ,__--'""a...__,c-<-f!...,.Jkl,.J<3_. ___ _ • ·:; 1 \ c. ,.' N o1~rv Public ", .. '.::~·:; .. · Address: /() ,O(;f fq //frl(l//Qst', ~C W/0#99· 16666:21-02. OJ ; Housetop Mountain Ai rstrip:7 ·7·99 Cl~C:o\kl'IOl) JPOLf. -; \Jf:W POR 0 0S£D ri HO L y CRoss OV[RH£A o ---' 0 0W[R LIN[ 'f I =---------f POL[ -2 --------~L .c.,~r ~ r-"'"'"'" I!-• ·~-~ I I f I I POLE -J POLE -4 _ If--· ---------0--Pou~ -s -+f -- E-Cr---· --,~----- AIRSTRl P /,'-soo FEn ---------:2 / "'-UNDfF?GROUNQ rJ CONO U<r ANO VAu t i S, FuruR[ EXH IBIT A HOUs nop MTN . AIRSTRIP SECTIONS 2 ANO 3 TOWNSH IP 8 SOUTH RANG[ 96 W[ST 6TH . P. /\/1 . W/o #16666 MAP 2 1 -02.0.3 1111111111111111111111111111111111111111111111111111111 633263 08/04/2003 10 :2SA Bl501 P318 M RLSOORF 1 o( 2 R 11.00 D 0.00 GARFI ELD COUN TY CO HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL M EN BY THESE PRESENTS, that the undersigned. LARRY D. KNOX {hereinafter called 0 Grantor"). for a good and valuable consideration. the receipt whereof Is hereby acknowledged, does hereby grant unto Holy Cross Energy. a Colorado corporation whose post offlce address Is P. 0. Drawer 21 SO, Glenwood Springs, Colorado (hereinafter called ·crantee") and to its successors and assigns. the right of Ingress and egress across lands of Grantor . situate In the County of Garfield, State of Colorado, described as follows· A parcel of ground located in Section 3, Township 8 South , Range 96 West of the 6" l'.M., as more fully described In Book 1041 at Page 745 and Book 1136 at Page 412 in the records of the Garfield County Clerk and Recorder's Office, Glenwood Springs, Colorado. And, to consiruct, reconsiruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system , within the above mentioned lands, upon an easement described as fo llows: An easement thirty (30) f eet In width , the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property Is shown on Exhibit A attached hereto and made a pan hereof by reference. The rights herein granted specifically allow Grantee to (1) Install down guys with anchors within thirty·flve (35) feet ofany pole located on the above described easement, and (2) install additional poles, down guys with anchors, overhead conductors and/or related facilities within the above described easement at any time In the future . And, In addition, Granter hereby grants to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further r ight to cut trees, even though outside of said easement, whlc:h are tall enough to strike the wires in falling. Grantor agrees that the surface of the ground will not be changed nor will any other alteration be made within the boundaries of the easement which would violate National Eledrical Safety Code requirements for minimum clearance from the power line c onductors. Grantor agrees that all poles , wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee. and shall be removable at the option of Grantee. Crantor covenants that he is the owner of the above described lands and that the said lands are free il.lld dear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, sai d right-of-way and easement, together with all and singular, the rights and privileges appertai ning thereto , unto Grantee, Its successors and assigns , forever. REOF, Grantor has caused these presents to be duly executed on this ~ day of --~~G--------' 20-Z[:;L. WITNESS my hand and offlclal seal. ~ii/ ;~m;;; expires : W/Otl0 3· 18428:2l -03:Ju nlper Hllls/Knox:7-21 ·03 Vtdo\quaco\Knoxl Revised 8-2-02 PLEASE RETURN TO: HOLY CROSS ENERG Y P.O. ORAwER 2150 I'•) I ' GL ENWOOD SPRINGS, CO 81602 iiiiii LL !!!!!!!!!! a: iiiiii 8 -~o _a:u iiii.c >--.... ==~!i -<'>O -a..u -= .... O -IS>-1 -lflW _ ....... -COLL. -a: -a:a: -lllCI =N -··IS> -IS>IS> =.-C· !!!!!!!!!! I'> IS> -~Cl !!!!!!N IS> =......_cg _.,.. -® .... _ ......... ="° -IS>O:: -l'>N " =<0 iiiiiiN ... -1'>0 _.., -ION D u PROPOSED HOLY CROSS OVERHEAD PO\./ER LINE b :'POLE I 114 I I I :ii:: I I I I 6 : 'POLE : 113 I I I 1',, POLE~ lt2 ' ' ' EXHIBIT A JUNIPER HILLS KNOX SEC.3, T.8S, R.96\J LDC. 21-03 \,//0#18428 AP,O......... JJ EXISTING LE ,..,._ POLE 1t1 .. ~ .. .//---.,-*H-- LOC. 21-03-009 D ExrsnNG -HOLY CROSS OVERHEAD r•ER LINE 1111111111111111111111111111111111111111 11111111111 1111 664859 12/09/2004 04:15P 81646 P355 M ALSDORF 1 of 3 R 16 -00 D 0.00 GARFIELD COUN TY CO p, J2 PIPELINE AND RIGHT OF WAY GBANT KNOW AU. MEN BY THESE PRESENTS: That L.arry 0. Knox and Dana Knox, husband and wife, 12865 County Road 6820. Montroe~·. CO 81401, hereinafter callad "Granters'". for and in consideration of the su:'n of Ten [lollars ($10.00) and other good and valuable consld11ration, the re<:efpt and sufficiency of which is hereby acknoWledged, do heraby grant and convey unto EnC11na Gathering Servlc.a (USA) Inc., with an addl"0S6 of 950 17th Street, Suite 2600, Denver, CO , 80202 , l'lereliiafter caUed "Grantee". a non-exclusive eil6ement and rlght-ot·way to locals, to lay, maintain. Inspect, rl!place. erect, restze, operate. and remove one or more pipennes and s1,1cti drips, valves, frttings , meters, and olher equipment and appurtenancss as may :>e necessary t'or the operation, over, through, upon, under and across the following deec:fibed lends in Garfield County, Colorado to wit: Iownshlp 8 Soylh Range 98 Wtot of the 6th P M Section 3: SWl4N"14, LESS ANO EXCEPT. a parcel of Se<:i 1on 3 desctl bt<l a:i 720 feet wllilt along the Norlh property fin e ll'om IM NE cc mer of Section 3 to th• Point Of Beginning; !hence 720 !eet east along the NMh property lin.., to t/1e NE cor:i~r of S~n 3: thence so uth 600 feet slonQ the East p ·opeity II"•: thence northwe5tef!y 1137.23 feet along 1 tin& to thll Point Of Beginning . SEJ4NW14 and as.approximately described on Exhibit "A". attached he·reto and made a part hereof. T ha locatfon of the easem~nt and rigtlt-of-way granted Is approximately described on Exhibit A and 1$ ·fifteen feet (1!1 .0') on either aide orthe con5tructed pipeline as It tuns through the above refcnenced landa aric;l in addition, Grar.tee 1Sh11H have the right lo uae an additional temporary work space, whloh shall be an addldonal Width of fifty·ftve feet (55.0) along the eosement for the consideration stated above. The additional temporary workspace shall in no case endure for a period Jn exee6'J of one hundred eighty (180) days from the date hereof or ltl9 completion of initial Installation. whichever period is the shorter. Grantee agrees ttiat any pipellne Installed shall b!! at a minimum depth of forty· eight inches (48") below th e surface of the ground. TO HAVE AN D TO HOLD: said easement and ri.~ht-<if-way from said Grantor, unto Grantee until one (1) year following thtl abandonrr:ent of the pipelines installed hereunder. Grantee shall have all other righ1s and benefits necessary or convenient fur the full enjoyment or use of the rights herein granted. Gran~ hereby agrees tQ pay Granter a one.-time ccnsidtH"atlon , previously agreed upon, as fUR consideration for the pipelin es and r1ght·of·way rights herein described. Grantee hereby agrees that If tho above lands are f•moed, that Grantee wlll install fences back to their original condition or better upon th• prHniS&S. The parties lhtend for this Agreement to provide restricted access. Grantor shall have th& right to use and enjoy th•, above-described premlset>. subject la the rights herein granted . Tne pipeline right-ol-way granted herein 91\all be utilized for Gri;intee's o W and gas operations only and shull not be uslKI for any other purpolle. Grentor shall not interfere with or Impair or pennit other$ to in terfere with or impair In any way the exerci&w of the rights therein granted to Grantee, end Granter shall not buifd. construct. or permlt to be built o r OOn&tructed , a n)' structure or obstruction over pipeline right-of-way. All pipeline COl'lStructed and maintained under the temu; of this Agreemant sh11ll be construeted and maintained to 1he stl!ll'·dan:ls established by Bureau Return to : EnCana Oil & Ga.~ (USA) lnc, Attn: Land Dept .1-;;.7 792 Buckbot:n Dri ve -1 Rifle, Co. 8 1650 \ ~ \ Cj_9..('\C<L.U , ~ - P. 03 of Land Management at the time said pipeline Is cons!ructed or maintenance work ls performed. This Grant Is a covenant running with the land and shall be binding upon the parties hereto, their heirs, devisees, representatives, succa9sora and ass1gns ; and the rlghts, prtvilegelO and authorities herein granted shall b& am>lgnahle together or separaiety and in whole or In pert This instrument covers the entire agreement 'etween the parties. and no representation of atlltements. verbal or written. have bee11 made modifying. adding to. or changing the terms of this Grant. ~ ~ITNESS the 91gnature(&} of the parties h;ireto on th~ cil2 day of .,~"""' ........ v ... _.._, ___ . 2004. GRANTORS: ~ ACKNOWLEDGMENT $tot.e cl Colorado County of Horileo::e ) ) § ) _s1'-a'>'°G ~ Dana Knox The foregoing instrument waa acknowledged before me this _..?o~_flv.....,,__ _ __,_....,- day of >Jo.Jtmt:t:H!: , 2004, by Larry D. Knox and Dl1na Knox, husband and wife. WITNESS my hand and offlcial seal. ~c'fn,~~~~J~ ~ ~rrrt v fx·b I~ Notary Public iiiiiiii u. !!!!! a: __ o -Q =~o -a:o -:C>--,_ --IOZ =in=> __ MO -0..0 ~IOO ---..J -IOll.J = ........ -c:iu. --0::: !!!!!! a. a --IO CJ _ .... --.. IS) -<tCSI --tSl . !!!!!!! ..,. &l -IS>O ==res !!!!! ...... 6:> -en. -IS>UI __ .......... --N iiiii-0::: -O>M =10 --ao ... -...,.0 !!!!!t0 -ION .· NOl/-30 ·2004 TUE l 'J!23 A~J ~C'\Nfl C IL~GAS(US~I INC EXHIBI T "A" 7"h!~ F.xJ·ibit .. A··:.; atm~hed t~ anrt .nud: a pan .i~ lll:.t .:e.-.•in PlPGUl\F: P.IC•U"."-0!=- \\' .\ Y ORi\~T :i~twc :n !...-,try ::.i . !<:10~: •n~ Df.:i;i Knc.,., h11sbi.1:l nnu wii"~ ,s Gr~':I<'-', a·1d c11Ccn~ Gd1er.n;i Services (IJSA) f:,c, as Gr11n1cc . '•() ..... r 1 ., \ ..... , ' ,/ .·" ·~ . \ ~ . '.. • .. ""'- P. 04 •. ·~ ·:t._-_:::1 .. , .... ·1 · \. _, ... .., \'•I J' ./' ... \ .' ---·~---------·~~-... ,rlt··.n· · ......... •, ·' \ / ".: .. ; ~ _:!." • '· ) '. . 'd"• \ .. .)" ·. imiu. !!!!! er __ o ==~ -..JO -a:o miiiiz: >--.... __ ,....z =Ul :::> --t'l 0 -Q.() !!!!!!! ID 0 --~..J -CO&&J = ........ -mu. --a:: !!!!!!! 0.. a: -inu _ ... --··IS> !!!!!! ~ ~ !!!!!!! ~ ISi -S>O =es> --NISI !!!!! ....... IS) -0') . -CS>IO --'" =N _ ... a:: -OlM =in --Q)~ -:x 0 -lO(I') 1111111111111111111111111111111111111111111111111111111 6660~1 1212$12004 12:28P 81651 P625 " ALSOORF 1 of 3 R 16.l'll'l 0 l'l.01'l GARFIElO COUNTY CO PIPELINE AND RIGHT OF WAY GRANT KNOW ALL MEN BY THESE PRESENTS: That Roger Lee Knox and Sandra A. Knox, husband and wife, and Dean M. Knox, a single man, 2739 County Road 306 Parachute, CO 81635, hereinafter called "Granters", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto EnCana Gathering Services (USA) Inc., with an address of 950 17th Street, Suite 2600, Denver, CO. 80202, hereinafter called "Grantee", a non-exclusive easement and right-of-way to locate, to lay, maintain. inspect. replace. erect. resize, operate, and remove one or more pipelines and such drips, valves, fittings, meters, and other equipment and appurtenances as may be necessary for the operation, over, through, upon, under and across the following described lands in Garfield County, Colorado to wit: T ownshlp 8 South Range 96 West of the 6th P M. Section 3: E/2SE/4 , exoept one acre in the NW corner of the NE/4SE/4, conveyed out by Document No . 44819, also except the east 330 feet of said E12SE/4 conveyed out by Document No. 59191, and also. except the west 10 acres of the SE/4SE14 of said Section 3, conveyed out by Document No. 70912 . and as approximately described on Exhibit "A". attached hereto and made a part hereof. The location of the easement and right-of-way granted is approximately described on Exhibit A and is fifteen feet (15.0') on either side of the constructed pipeline as it runs through the above referenced lands and in addition, Grantee shall have the right to use an additional temporary work space, which shall be an additional width of fifty-five feel (55.0') along the easement for the consideration staled above. The additional temporary workspace shall in no case endure for a period in excess of one hundred eighty (180) days from the date hereof or the completion of initial Installation. whichever period is the shorter. Grantee agrees that any pipeline i nstalled shall be at a minimum depth of forty· eight inches (48") below the surface ot the ground . TO HAVE AND TO HOLD: said easement and right-of-way from said Granter, unto Grantee until one (1} year following the abandonment of the pipelines installed hereunder. Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted. Grantee hereby agrees to pay Grantor a one-time consideration. previously agreed upon, as full consideration fo r the pipelines and right-of-way rights herein described. Grantee hereby agrees that if the above lands are fenced, that Grantee will install fences back to their original condition or better upon the premises. The parties intend for this Agreement to provide restricted access. Grantor shall have the right to use and enjoy the above-described premises. subject to the rights herein granted . The pipeline right-of-way granted herein shall be utilized for Grantee's oil and gas operations only and shall not be used for any other purpose. Granter shall not interfere with or impair or permit others lo interfere with or impair in any way the exercise of the rights therein granted to Grantee. and Granter shall not build, construct, or permit to be built or constructed, any structure or obstruction over pipeline right-of-way. AH pipeline constructed and maintained under the terms of this Agreement shall be constructed and maintained to the standards established by Bureau of Land Management at the time said pipeline is constructed or maintenance worl< is performed . L\ 1 t. I ,\' "> Rc1um 10: (nCuoa Oil & G» (USA) ID<- Ann: Land Dept 7 9~ Buckhom Drive llillc Co 81 6 50 I llllll lllll llll lll llll 11111111111 11111111 1111 111111111 666041 12129 /2004 12 :28P 816!1 P626 11 ALSDORF' 2 of 3 R 16 .00 D 0.00 GARFIELD COUNTY CO This Grant is a covenant running with the land and shall be b inding upon the parties hereto, their heirs, devisees, representatives , successors and assigns; and the rights, privileges and authorities herein granted shall be assignable together or separately and in whole or in part This instrument covers the entire agreement between the parties, and no representation of statements , verbal or written, have been made modifying , adding to, or changing the terms of this Grant. WITNESS the signature(s) of the parties hereto on this :<ef> day of November, 2004. ~"JrJ-~ Dean M. Knox =====::::====-----===:=:::'===~~~------- ACKNOWLEDGMENT State of Colorado ) ) § County of Garfield ) ACKNOWLEDGMENT State of Colorado ) ) § County of Garfield ) ., I \: .··.:_MY. porr.u:1fissi ---=====-=============== Sec. 3 EXHffiIT"A" This Exhibit "A" is attached to and b}' this reference made a pan of that certain PlPELINE RIGHT-OF-WAY GRANT by and between Roger Lee Knox and Sandra A. Knox. husband and wife, and Dean M. Knox, a siQglc man, as Grantors. and EnCana Gathering Services (USA) Inc., as Grantee . ,· i r i .. ~ ~· t:!:~:!!~ ..... _,a....u .... _ . --------~-------- -""&. . ···--... ·-~ __ ,.,.,......,,_ -~~ :~:'!:.-· .. !llCAJ(A 01£ .t CA!_ (]!SA} I/IC Co1mly RJXJ.d 306 '" ,_,.,h,,n l.t t/t• Dt...t,J 1f1jl'd ,.) '-"-\' l.o ••lt;'1 .,.. .~~hOf..;i J IV .i. II r.11~-R'16ff iU; p I/ 4"·••/h'•f 1.\1 ..... .., 4 .. , ••• J... ~ .. Sec. JI 1111111111111111111111111111111111111111111111111111111 668696 02/lS/2085 1112 : 12P 61663 P34 n ALSDORF I of 3 R 16.00 0 0.08 GARFIELD COUtfTY CO PIPELINE AND RIGHT OF WAY GRANT KNOW ALL MEN BY T HES E PRESENTS: That Larry 0. Knox and Dana Knox, husband and wife, 12865 County Road 6820, Montrose. CO 81401, hereinafter called "Grantors", for and in consideration of the sum of Ten Dollars ($10.00) end other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto EnCana Oil & Gas (USA) Inc., with an address of 370 17th Street, Suite 1700, Denver, CO, 80202, hereinafter called ··Grantee'', a non- exclusive easement and right-of-way to locate. to lay, maintain, inspect, replace, erect, resize. operate, and remove one or more pipelines and such drips, valves. fittings, meters, and other equipment and appurtenances as may be necessary for the operation, over, through, upon, under and across t he following described lands in Garfield County, Colorado to wit: Township 8 South Range 96 West of the 6!h PM Section 3· SW/4NE/4, SE/4NW/4 , LESS AND EXCEPT. a parce l of Secuon 3 described as 720 reel we$1 along the North property line from the NE corner of Section 3 to the Point Of Beginning; thence 720 feet east along the North property line to the NE corner of Section 3: thence south 600 feel along the East property line: thence northwesterly 937.23 feet alOng a line lo the Point Of Beginning . and as approximately described on Exhibit "A". attached hereto and made a part hereof. The location of the easement and right-of-way granted is approximately described on Exhibit A and is fifteen feet (15.0') on e ither side of the constructed pipeline as it runs through the above referenced lands and in addition, Grantee shall have the right 10 use an additional temporary work space, which shan be an additional width of fifty.five feet (55.0') along the easement for the consideration stlted above. The additional temporary workspace shall in no case endure for a period in excess of one hundred eighty (180) days from the date hereof or the completion of initial installation , whichever period is the shorter. Grantee agrees that any pipeline installed shall be at a minimum depth of forty- eight inches (48/ below the surface of the ground. TO HAVE AND TO HOLD: said easement and right-of-way from said Granter, unto Grantee unUI one (1) year following the abandonment of the pipeline$ installed hereunder. Grantee shall have an other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted. Grantee hereby agrees to pay Grantor a on e-time consideration, previously agreed upon, as full consideration for the pipelines and right-of-way rights herein described. Grantee hereby agrees that if the above lands are fenced, that Grantee will install fences back to their original oondltlon or better upon the premises. The parties intend for this Agreement to provide restricted access. Grantor shalt have the right to use and enjoy the above-described premises, subject to the rights herein granted. The pipeline right-of-way granted herein shall be utilized for Grantee's oil and gas operations only and shall not be used for any other purpose. Grantor shall not interfere with or impair or permit others to i nterfere wtth or impair in any way the exercise of the rights therein granted to Grantee, and Grantor shall not build, construct, or permit to be built or constructed. any structure or obstruction over pipeline right-of-way. All pipeline constructed and maintained under the terms of this Agreement shall be constructed and maintained to the standards established by Bureau of Land Management at the time said pipeline is constructed or maintenance work is performed. Return to: l:llCorni Oa X: Go• (l!~"'J lo< AUD: L.wl Dept ~O.A'( 7q2 Buckbon1 Dm·c RtOc Co XIMO I 1111111111111111111111 \11111111111111111111\1111111111 668696 02/15/2005"02 112P 81663 P35 ft Al.SOORF 2 of 3 R 16.00 D 0 .00 r.AAFIEU> COUlllY CO This Grant is a covenant running with the land and shall be binding upon the parties hereto, their heirs, devisees, representatives, successors and assigns; and the rights, privileges and authorities herein granted shall be assignable together or separately and in whole or in part. This instrument covers the entire agreement between the parties, and no representation of statements, verbal or written, have been made modifying, adding to, or changing the temis of this Grant. )1,..., WITNESS the signature(s) of the parties hereto on this ~ day of February, 2005. GRANTORS: .~ Dana Knox ==--==·==:=======-------------------- ACKNOWLE.DGMENT State of Colorado ) ) § County of ) ~ The foregoing instrument was acknowledged before me this _'-/,__ _______ _ day of February, 2005, by Larry D. Knox and Dana Knox, husband and wife. WITNESS my hand and official seal. My Commission Expires: My Com~on fxpites 8l3W2008 0::1 .l.J.NOOO 0131.:l!Jtl!> 00 '0 0 00' 9t ~ C JO £ .lllOOS1tl W 11£<1 l:lllltll dit: i0 SG0Z/6l/l:O 969099 1111111111111111111111111111111111111111111111111111111 g~ :l ~f . ~·~ i I ~ \ "IJ i I ~ ~ ., .. .,.,Om>"_: I \1/"'CN"'< R"d I ''' 1 I tot '1 2~ ~;';,,;~" .. ,,.,.~. : ! I ·1 I '1 ~~ I -~ __ - -----NT)\l\:1),'~·[' ;• ___ •/llS•~'!!..-_____ -+--_____ ----· ------/lF.;f/~11 §:6 CIJ'SN!Ptf('NnU-~~~;~/.{-'.~;g~.~·::.... ~~A GATHERING SERVICES (USA) INC. itUI l/f "°"" .. qi S•cfl'Q'< J P.L u-1• •• 1 I {~ i ~ PROPOSED BURIED PIPELINE 1 I~; ~.l RIGHT-OF-WAY .I ~ . . ~, a~ For Well Pa.d (C1@0U) Ji ~ .•. Lo c ated Jn "I : ~ ! Sect'i.ons 3 & 10, TBS, R96 W. 6th P. M. S v ;~~ I ,,.,,_:::,, ~ _,,,_ Garfield Counly, Colorado I . ' ( ••. (" I .. .,.,.,. ~ ~ •• .P I l KMz 1 1 ~ NV'i7Ti7' ~ ~ " ~ I ~~( I I I ~~ .._u 0 c: ~ i::t.:l 1-2. -g .. "' i .. ~ .,, _ s~ "c: ... " t;;;l ~l .~...=: .s " ~g "S!'°' ~ ~ -0 .,,.., ... " ~ :;t .. " ;j 0 .~~ • 0 ~~ :9.'.l ~ 8 ~j ------1 I llllll lllll lllllll Ill lllll llllll llllll Ill lllll llll llll 694315 03120 /2006 02:26P 81781 P436 M ALSDORF 1 of 3 R 16 .00 D 0.00 GARFIELD COUNTY CO SURFACE FACILITY GRANT FOR A ND IN CONSIDERATION of the s um of Ten Dollars ($10.00) and other good and valuable consideration . the rece ipt of which is hereby acknowled!'.:led , th is 1111./ day of April, 2005, Larry D. Knox and Danna Knox, Ind ividua lly, and as husband and wife , of 12865 County Road 6820, Montrose , Colorado 81 40 1, "GRANTOR", hereby grants unto EnCana Oil & Gas (USA) Inc., 370 1ih Street, Suite 1700, Denver, Colorado 80202 , hereinafter called "GRANTEE", its successors and assigns , surface facility grant located upon a tract of land in Garfield County , Colorado, to-wit: Township 8 South, Range 96 West, 6111 P.M. Section 3: SE/4NW/4 Grantee shall have the right to install, maintain, inspect, replace, erect , operate, and remove ri sers, valves , fittings, meters, and other equipment appurtenances th rough, upon, under and across the above described lands from existing roads with the fu ll right of ingress and egress to and from said premises . IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Grantee agrees to comply with all applicable state and local regulations . 2. Grantee agrees that the said Surface Facility shall be no larger than twenty-five feet (25.0') by twenty-five feet (25 .0') and temporary work space as need , as shown on the Exhibit "A". 3. Grantee agrees to t ake reasonable effort to limit employee business invitee access to the s ite a nd roadway access thereto to the Receiver and pipeline related business only. 4 . Grantee agrees to indemnify and hold Granter harmless for any damages caused by Grantee's operations on the premises. 5. Upon request by Grantee, the surface facility grant herein granted shall terminate and all rights thereunder revert to Gra ntor when surface facilities l ocated thereon have not been used by Grantee for a period of two (2) years, except when non-use is caused by acts or circumstances beyond the control of Grantee . 6 . Upo n the termination of this Grant, Grantee shall remove a ll structures above ground and pipes placed upon the premises and restore the surface to a condition, as nearly as possible, as prior to the Grantee's disturbances thereto. 7 . Grantee shall adequately fence the site in a manner to protect the Grantor's livestock . 8 . Grantee shall maintain the site free of weeds and litter. 9. Grantee shall pay all damages from its operation. including w ithout limitation, damages or injuries to livestock, persons , personal property and real property. \ ./ EnCana Oi l & Gas, Inc 1fJ1o Lnn d Department 27 17 County Rd. 215 , Suite I 00 Parachute, CO 81635 U ~ 1 \lllll lllll lllll ll Ill lllll llllll llllll Ill lllll llll llll 694315 03/20/2006 02:26P 81781 P437 M ALSDOR F 2 of 3 R 16 .00 D 0.00 GARFIELD COUNTY CO This Agreement shall be binding upon the parties hereto, their heirs , successors and assigns. IN WITNESS WHEREO F , Granter has executed this Agreement the day and ye ar first written above . J..-za=zaxa < cf(""~ Danna Knox ACKNOWLEDGMENT State of: Colorado ) )§ County of Montrose ) The foregoing in stru ment was acknowledged before me this 22 it4 day of April, 2005 by Larry D . Knox and Danna Knox, Individually, and as husband and wife. WITNESS my hand and official seal. My Commi ssion Expires: -"2....._-_~;;.._-_0--'1'------- Notary Public:~J \\\~ Ji.3 4Ka>ri~ />--/t«Jr CO FRANCES L. McWHIATER NOTARY PUBLIC STATE OF COLORADO I llllll lllll lllll ll Ill 11 1111 11 11111111 1111111111 1111 11 1 6943 15 03/20/200 6 02 :26P 81781 P438 11 ALSDORF 3 o f 3 R 16.00 D 0.00 GA RFIEL D CO UNTY CO : J inc: . I f .. ,. EXHIBIT "A " This Exhibit "A" is attached to and made a part of that certain Surface Facility Grant by and between Larry D . Knox and Danna Knox, Individually, and as husband and wife, as Grantors , and EnCana Oil & Gas (USA) Inc., as Grantee. Surface Facility Area (I, (\) , .. ~ .. I llllll lllll lllllll Ill 111111111111111111111111111111111 694316 03/20/2006 02:27P 81781 P439 M ALSDORF 1 of 3 R 16.00 0 0.00 GARFIELD COUNTY CO SURFACE FACILITIES GRANT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other goocj and valuable consideration, the rece ipt of wh ich is hereby acknowledged , this~ day of October, 2005, Larry D . Knox and Danna Knox , husband and wife. of 12865 County Road 6820, Montrose, Colorado 81401 , •GRANTOR", hereby grants unto EnCana Oil & Gas (USA) Inc., 370 17111 Street, Suite 1700, Denver, Colorado 80202 , hereinafter called "GRANTEE". its successors and assigns, surface facilities grant located upon a tract of land in Garfield County. Colorado, to-wit: Township 8 South , Range 96 West . 6111 P.M. Section 3: SE/4NW/4 and as app roximately described on Exhibit "A", attached hereto and made a part hereof. Grantee sha ll have the right to install, maintain , inspect, replace, erect, operate. and remove risers, valves, fittings, meters, and other equipment appurten ances through 1 upon , under and across th e above described lands from existing roads with the full right of ingress and egress to and from said premises. IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS : 1. Grantee agrees to comply with all applicable state and local regulations. 2 . Grantee agrees that the said Surface Facilities shall be no larger than twenty- five feet (25.0'} by twenty-five feet (25.0') and temporary wor1< space as need, as shown on t he Exhibit ~A·. 3. Grantee agrees to take reasonable effort to limit employee bus iness invitee access to the site and roadway access thereto to the Receiver and p ipeline rela te d business only. 4 . Grantee agrees to indemnify and hold Grantor harmless for any damages caused by Grantee's operations on the premises. 5. Upon request by Grantee, the surface facility grant here in granted shal l terminate and all rights thereunder revert to Grantor when s urface faci lities located thereon have not been used by Grantee for a period of two (2) years, except when non-use is caused by acts or circumstances beyond the contro l of Grantee. 6, Upon the termination of this Grant, Grantee sh all remove all structures above ground and pipes placed upon the premises and restore the surface to a condition, as nearly as possible, as p rior to the Grantee's disturbances thereto. 7 . Grantee shall adequately fence the site i n a manner to protect the Grantor's livestock . 8. Grantee shall maintain the site free of weeds and litter. .~/I >; I /7 4 I EnCnnn Oi l & Gas, Inc :/f 31/ Land Department 2717 County Rd. 2 I 5, Suite 100 Parachute, CO 81635 ;:r'cf!.- I 11111111111111111111111111111111111111111111 1111111111 694316 03/20/2006 02:27P 81781 P440 " ALSDORF 2 of 3 R 16 .00 D 0.00 GARFIELD CO UNTY CO 9. Grantee shall pay all damages from its operation. includi ng without limitation, damages or injuries to livestock, persons , personal property and real property. This Agreement shall be binding upon the parties hereto, their heirs , successors and assigns. IN WITNESS WHER EOF, Grantor has executed this Agreement the day and year first written above. GRANTORS: Danna Knox ACKNOWLEDGMENT State of: Colorado ) )§ County of: Montrose The foregoing instrument was acknowledged before me this ll'·lf-05' day of Octob er , 2005 by La rry 0 . Knox. WITNESS my hand and official seal. My Commission Expires: 'fl /qo / 05-' ' Notary Publ ~a... 0 < 'luua1Agev ACKNOWLEDGMENT State of: Colorado ) )§ Cou nty of: Montrose The foregoing instrument was acknowledged before me this/0-2.f·t>S" day of October, 2005 by Danna Knox . WITNESS my hand and official seal. My Commission Expi res: g/3a lo 5 I I I llllll lllll lllllll Ill 111111111111111111111111111111111 694316 03 /20 /2006 02 :27P 81781 P441 M ALSOORF 3 of 3 R 16.00 D 0 .00 GARFIELD COUNTY CO EXHIBIT "A" This Exhibit "A" is attached to and by this refere nce made a part oftbal certain Surface Facilities Grant by and between Larry D. Knox and Danna Kn ox . husband nnd wife, and EnCana Oil & Gas (USA) (nc., as Grantee . Of-Future Facility Block --'40 . Valve Bl k___.'t<(> Val c l I I Two/'\) Fu ture s Wallace Creek Road (CR # 306) SFJ4NW/4 of Sec. 3, T8,R96W, 61h P.M . 1111 M1 "• ~:n1~'.,r1"+.l ~,,tfj~.~r"'1~1r~:flftr. 1•·~. ~'" 11111 Reception": 773260 09/14/2009 02 :4 1 :03 PM Jean Alberico t of 4 Rao Fea :S26 .00 Ooo Fee 0 ,00 GARFIELD COUNTY CO Affidavit of Surface Facilities WHERE..AS, Larry 0. Knox and Dalllla 8. Knox ("Owners") granted EnCana certain rights to a twenty-five feet (25.0') by twenty-five feet (25.0') surface facility in the SE/4NW/4 of Section 3 in Township 8 South, Range 96 West, on April 22, 2005, recorded in Book 1781 on Page 436, in the records of Garfield County, Colorado; WHEREAS, Owners granted EnCana certain rights to five (5) additional twenty-five feet (25.0') by twenty-five feet (25.0') surface facilities in the SE/4NW/4 of Section 3 in Township 8 South, Range 96 West, on October 28, 2005, recorded in Book 1781 on Page 439, in the records of Garfield County, Colorado; WHEREAS, EnCana has, in accordance with the foregoing agreements, constructed above ground facilities within the six (~) sites granted above and the parties wish to clarify the locations of the six (6) sites as shown on Exhibit A hereto ; NOW THEREFORE, EnCana and Owners acknowledge and agree that the above summary is a true and correct description of the surface facilities and Exhibit A attached hereto is a true and correct depiction of such facilities. All terms and conditions are to remain valid and unchanged. Executed this Ji'-'_ day of~ 2009: Owners ~ Michael D. Knox Attorney-in-Fact and Agent for Larry D. Knox and Danna B. Knox EnCana Oil & Gas (USA) Inc. __;oa~ Ricardo D. Gallegos~ Attorney-in-Fact 11 11 ~\11".i. ~:IM~J.,~~°"I tf~·.lw~·r,,t:ll~!W.I~~ ~11, 11111 Receptiontt : 773260 0 8 /14/2009 02 :4 1 ;03 PM J e an Rlber !co 2 or 4 Rec Fe a :S26 .00 Doc Fee ·0 .00 GARFIELD COUNTY CO STATE OF COLORADO CITY/COUNTY bkl1!P/lfl--l> ACKNOWLEDGMENT § § § BEFORE ME, the undersigned authority , on thi s day personally appeared Michael D. Knox, Attorney-in-Fact and Agent for Larry D. Knox and Danna B. Knox, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFF ICE on thisJ.l!fday of-1'«'J . 2009. My Commission expires: tJ1-/J.-fl STATE OF COLORADO § . § CITY AND COUNTY OF DENVER § BEFORE ME, the undersigned authority, on this day personally appeared Ricardo D. Gallegos, Attorney-in-Fact for ENCANA OIL & GAS (USA) INC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. My Commission expires: My Commission Expires 03/2512013 .. ~ 1111 ~(r""' ~:ri1tri.'.\"1\ 1~1~ rt~.1r.r.:rl't.l'6t1:tK~1•1~.*'~ 11 111 Recept i ontt : 773260 08/14/2009 02 :41 :03 PM Jean Al berico 3 of 4 Rec Feo :$26 .00 Doc Fee :0.00 GARFIELD COUNTY CO I I --+--------_________________ fI<!l?..~rJy_fi~~--------------------------- ' I I I I I I I I I I I I 1 I I I I I I I I I I I I ~· ~ CLIENT: / 0slTE'f (25' x 25') SE1/4NW1/4 Ci;;s1TE2 (25' x 25') SECT/ON 3, TBS A96W Owner: LARRY KNOX DESCRIPTION: SITE AS-BUil TS 0 1 . EnCana Oil & Gas (USA) Inc. LOCATED WI TlllN L. KNOX PROPERTY I N THE SE 1/4 NW1/4 OF SECTION 3, TBS . R96W, GARFIELD COUNTY, COLORADO DRAWN BY: CJT DATE OR AWN : 4 /28 /09 PROJECT NUMBER: 09 -04-08 WASATCH SUR'vt:YING ASSOCI ATES 906 MAIN SlREE T. EVANSTON , WY 82930 (307 789-4~45 EXHIBITA SHEET 1 of 1 · .. 11 11 ~'11'.i. ~:,,;,~,,,,,~ ffJi.lll~.l!Pf tfll~1 1'~'W',lftl~ ~'~ 11 111 ReceptlonM : 7732 60 08/1'12009 02 .41 ·03 Pf\ Jean IRlber-l co • of 4 Rec f H :S26 .CJ Ooo Fee :ll 00 GAAFIEUl COUNTY co COLO.RADO AGENT'S A.FF.IDA VlT REGARDING POWER OF ATI'ORNEY STATE OP COLORADO Co•inty of a,.;<'g~ t / l I, Michael D. Knox. whose address is 1690 Counrv Road 30§. Parachute, Colorado 81635, of lawful age; pursuant to sections 15-1-1302, 15-14-501, and 15-14-502, Colorado Revised Statute$, state upon my oa th th*m the attomez-fac t and agent for Lanv D. Knox. principal, under the power of attorney dated ~ I IP · 2£?t7 , a copy of which is attached hereto and incorporated herein by this reference, that as of · date 1 have no actual knowledge of the revocation or termination of the power of anomey by any act of the principal, or by the dcalb, disability, or incompetence of the principal. that my authority has not been temunated by a decree of dissolution of marriage or legal separation, and that to the best of my knowledge the power of attorney bas not been so terminated and remains valid, in full force and effect. Dated: Z -2/ ~ Zt!-'?7f ; The foregoing Affidavit was subscribed and swom to before me on fl <.1 .J..-/ ~A~L ' Witness my hand and official seal. Notuyl'\lblic No. 34S. a ... 12-9<1. COLORADO STATUTORY POWER OP ATTORN EY 110 /t l'ROPERTY cP•l • 4 or 4) ,2009,by~ 1111 fi1\ P'.KN~Hll ,N!f ,l1l!l ,~!WlllA:I~ 11!1.*·~ 11111 RecepUonll: 741841 ll112512llll8 04 :45 :03 Pl'I Jean AtberlCQ 1 ot 4 R.o F••:S21.00 Doc Fee :0 .00 GARf'IELO cotJNTY CO - RIGHTS OF WAY EASEMENT GRANT NOBLE ENERGY, INC. KNOW ALL MEN BY THESE PRESENTS: That Larry D. Knox and Danna Knox, h/w; whose address is 12865 6820 Road, Montrose, CO 81401 ("Grantors"). whether singular or plural, for themselves, their heirs, successors, or assigns, for and in consideration of the sum of ten dollars ($10.C)O), the receipt and adequacy of which is hen;by acknowledged, do hereby grant, convey and confirm unto Noble Energy, Inc., whose address is 1625 Broadway, Suite 2000, Denver, CO 80202, its successors and assigns ("Gnmtee''), a forty feet ( 40') during construction and twenty feet (20') on level ground and thirty feet (30') on cut slopes permanent rights of way easement to construct, own, maintain, operate, patrol, survey, tepair, protect, and reclaim (or abandon in-place) an Access Road upon and through the following-described lands situated in the County of Garfield and State of Colorado, to wit: TOWNSHIP 8 SOUTH. RANGE.96 WEST.~ P.M. Section 2: Lot 4, SW/4NW/4, SE/4NW/4, NW/4SW/4 Section 3: NE/4SE/4, SFJ4NE/4, SW/4NF14, SFJ4NW/4 Garfield County, Colorado Mote particularly descnl>ed and shown on the drawings attached hereto and made a part hereof. "As-built" suryeys will be appended to this agreement uoon completion of construction work. · · TO HA VE AND TO HOLD said Right of Way Easement unto Grantee that shall be in full force and effect from and after execution and shall continue in full force and effect for as long as Grantee is conducting any type of operations, maintenance, repair, protection, engineering evaluation or study, or any evaluation or study for the future assignment of the Grantee 's Right of Way F.asement Grant with the right of ingress to and egress from said lands for the purposes herein stated. Gnmtor(s) retains the right to use and enjoy said lands, subject only to the right of Grantee to use the same for the purposes hereiD expressed. The terms, conditions and provisions of this Agreement shall. extend to and be binding upon the heirs, administrators, personal representatives, successors and assigns of the parties hereto. The easements and rights herein granted may be assigned in whole or in part. Grantee shall provide written notice of ~Y assignment to Grantor. JN WITNESS WHEREOF, Grantor has hereunto set its hand this#/ .-(l/f-day of October, 2007. GRANTORS: ~·~ {:?Larry D. ox By; ~0?034C ~ Danna Knox GRANTEE: By. -~~-m-F~ ~ Noble Energy, Inc. PJOr.<f! ACKNOWLEDGEMENT STATE OF COLORADO ) ) SS COUNTY OF GARFIELD ) On this 3\ day of October, 2007, before me, a notary public, in and for said county and state, personally came the above-named Larry D. Knox and Danna Knox, b/w, who are personally known to me and known to me to be the identical persons whose names are affixed to the above instrument and acknowledged the instrument to be their voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year last above written. My. Conimission Expires (SBAL) ST ATE OF COLORADO ) ) SS COUNTY OF DENVER ) (;p,~l.M Public On this day of October, 2007, before me, a notaiy public, in and for said county and state, personally came the above-named Gary Willingham, who is personally known to me and known to me to be the identical person whose name is affixed to the above instrument and acknowledged the instrument to be his voluntaiy act and deed. lN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year last above written. My Commission Expires (SEAL) Notary Public . ~·f'iliiiiiiiiiiiilllliiii--------------------------------~------------------------· euF>PL.IMmNT iAil. ~I.AT PAD LOCATION AREA CON6TlliUCTICN au.~, INC. H 12~1••'-vQ . 611 .. T, CO t lM2 ,.,~-ei6-aiai a,~· PL p{tu a9'3' PL. -::.. 5'7/'PL. N09~ .__....,.., INC. flltliOC>UC::T ICN PAC> NW 11"4 il<:TION 2 Te6•'6W : 1 OF 2 . \ 6UF'F'L.llMINTAL. P1.AT PAD ACCESS NOeUI ~OfDOlllC AC::Clll6 TO !=lllOOUCTION 11401! .. IT"'r" NW 1/-4 611C 2 TM R~W SHE£T: 2 CF 2 1111 M\'.a,l1~~J.'1Mll N~ ~il.lt'.l\:tjfili!tli'Rli/1 *'~ 11111 RecepUonll : 7113lS70 02/23/2009 12 15:3 1 Pn Jean 'llber1co I of I Rec Fc•·S6 .00 Oi>e Fee . O 00 GARFIELD COUNTY CO MINERAL DEED LARRY D. KNOX. whose address is 1600 Airway Road, Lebanon, Oregon, 97355, in consideration of lhe payment of Ten and No/lOOths Dollars ($10.00) and other valuable consideration, sells and conveys lo LARRY D. KNOX and DANNA B. KNOX, as joint tenants, whose address is 1600 Abway Road, Lebanon, Oregon, 97355, an undivided five-eighths (5/8) interest in and to oil, gas, and other minerals , including but not limited to gas and methane gas produced from coals, underlying and that may be produced from the following described lands situated in Garfield and Mesa County, State of Colorado, to wit: Lot 4, the S 112 of the NW 1/4, and the W 1/2 of the SW 1/4, Section 2, Township 8 South, Range 96 West of the 6th P.M., and the East 10 acres of the NE 1/4 of the SE J/4 of Section 3, Township 8 South, Range 96 West of the 6th P.M., Lot 1, and the S 1/2 of the NE 114 and the SE 1/4 ofthe NW 1/4 ofSection 3, Township 8 South, Range 96 West of the 6th P.M. Containing 25 5 mineral acres, more or less, all together with the right of ingress and egress at all times for the purposes of mining, drilling, explorin g, operating, and developing said lands for oil, gas and other minerals, and transporting and marketing the same therefrom. TO HA VE AND TO HOLD the described mineral rights with all and singular the rights, privileges, and appurtenances thereto or in any way belonging lo tbe said Grantees herein, their heirs, successors, personal representatives, administrators, executors, and assigns forever. DATED:MYJ .... {! ,2009. ST ATE OF OREGON COUNTY OF Li 0 () ) } SS. } The forego in g instrument was acknowledged before me this -11..a_ day of f:e_b , 2009, by Larry D. Knox . WITNESS my hand and official seal. My commission expires: Jaco 13 .!2011 ---~O~FF~ICfAL~S~EAl.~1 91!1119111§)~ d?~ KA~LONG NO.fARY PUBLIC -OREGON COMMISSION NO. 411834 N OPIAES~ 13. 0011 1111~rr8i1r1'M1 ~~1:11YW. ltl1t IWL ''~~ 1111 ~'r8.i.~:ft1vY,\MV.W~. rf((lii~~r.11'\lf~',N't(~. ~I ~ 11111 Recept•on~: 771936 ReceptlonP · 772187 07t2312009 02 :40 •0 4 PM Jean Rib• 071 2 8/2 009 10 ·19 ·16 11M Je•n tl lbor i eo 1 of 7 Ree Fee :S76 OG Doe F ee :O ll 1 of 9 Rec F<>~ sil&.00 Doc •ee:0 .00 G~RFIE\.O COUNTY CO MEMORANDUM OF SURFACE USE, ACCESS AND RIGHT-OF-WAY AGREEMENT ~ ~~ . ~HEREAS , on this / .2211.cf day of Merctt , 2009 , Dean M. Knox, Life Tenant, Roger Lee Knox and Sandra A. Knox, remainderman , Michael 0. Knox and Raynell J. Knox. ( "Surface owner"), and Mark M. Knox and Tracey Knox, ("Surface Owner"), c/o Roger Lee Knox whose mailing address is 2739 County Road 306, Parachute, Colorado 81653, Larry 0. Knox, acting by and through his Attorney-in-Fact, Michael D. Knox ("Surface ·Owner"). Danna B . Knox, a/k/a Dana B. Knox, acting by and through her Attomey-in- Fact, Michae l D . Knox ("Su rface Owner") parties of the first part, and Laramie Energy II, LLC , a Limited liability Company of the State of Delawa re, with offices at 1512 Larimer Street. Denver, Colorado 80202 e ntered into that certain Surface Use, Access and Right- of-Way Agreement (''Agreement") covering the following described lands located in Garfield County, State of Colorado: Township 8 South. Range 96 West. 5 t11 P.M . Section 2: NW/4SW/4, SW/4SW/4 L ess and except 5 .0 acres in SW corner described in Bk 1135 Pg 287. Section 3 : S/2NE/4, E/2SE/4, Less and except that portion of the NE/4SE/4 described in that certain deed recorded at Reception No. 314808, in Book 571, Page 834, of the records of Garfield County, State of Colorado, described as follows : Beginning at the Northwest Corner of the said NE/4SE/4; thence due East 540 f eet; t hence South 80 2/3 feet ; thence West 540 feet; thence North 80 213 feet to the place of beginning. Said excepted parcel containing 1 .0 acre. Less and except the West ten acres of the SE/4SE/4 -0 -1' ·! '>;I: '<:::::!::;. -t _g ~ U1 ~ hereinafter called the "Property"; (see attached Exhibit A Pad & Access Agreement) and WHEREAS, said Agreement contains all required provisions and agreements as to Laramie's use of the above described lands for drilling and production of oil , gas and other minerals located on or under t he above described lands. Page 1of 7 +51 i Ill\ ~"•l'IA1\PJ:1Ml\MW>.\,r""1,l ~~c!~!!J~\J't}~~Nit'.l fl:rlll(il,~'Wi1C l w'« ~'~II Ill Receptior1U: 7719 3& Alb 10-07/28/2009 10 :18 :1 6 AM J••n Alber i co 07/2312009 02 :40 :040POMO JeaF" .. -o ~h GAJ 2 of 9 R•c Fee .586 .00 Doo Fea ·0 .0 0 GARFIELD COUNTV co 2 ol 1 Rec Fee :$76 . oc e · This Memorandum of Su rface Use, Access and Right-of-Way Agreement is intended to give public notice of the Agreement between Dean M. Knox, Life Tenant, Roger Lee Knox and Sandra A . Knox, remainderman , Michael D. Knox and Raynell J. Knox , ("Surface owner"), and Mark M. Knox and Tracey Knox, ("Surface Owner"), c/o Roger Lee Knox whose mailing address is 2 7 39 County Road 306, Parachute, Colorado 81653, Larry D. Knox , acting by and through his Attorney-in-Fact, Michael D. Knox ("Surface Owner"), Danna B . Knox, a/kla Dana B. Knox, acting by and through her Attorney-in-Fact, Michael D. Knox ("Surface Owner'') parties of the first part, and Laramie Energy II , LLC as the Operator , and may be relied upon by all parties. IN WITNESS WHEREOF , said parties have caused this Me morandum of Surface Use, Acce.ss , and Right -of-Way Agreement to b e executed as of the date first hereinabove written . SURFACE OWNER /~~/;:~ Dean M . Knox ~hrough his Attorney-in-Fact , Michael D. Knox Danna B. Knox , a/k/a Dana . Knox , Acti ng by and through he r Attorney-i n- F act Page 2 of 7 STA TE OF Colorado ) ) ) SS. COUNTY OF _,. ~·ttf. ) ~The foregoing instrument was subscribed " -1 .1. z, , 2009, by Roger Lee Knox. My commission expires:/ f'!'?t J?,, -;;.,10 Witness my hand and seal. ST ATE OF Colorado ) COUNTY OF~// ~ ss. The foregoing instrument was subscribed ,,. ~ z -z. , 2009, by Sandra A. Knox. My commission expires: ./<).. ~ ~I c Witness my hand and seal. Page 4of7 and sworn to before me on ·.' . and sworn to before me on 1111 ~1""i1i l1M1,rJ:1M1•, rl/\ NIV Iii 1111 M'1 '• P~11'Y.\~~,rf/\ l't/f.1 -llf.~1'1"1,~rHtl 1f11~ ~11& 11 11 1 Rece tion~· 771936 Receptjon#: 772167 07 123~2009 o2 ·40 :04 P~ Jean Al 07/2812009 10 :18 ·16 AM Jean Alber ico 4 of 7 Rec Fee :$76.00 Doc Fee :O 4 of 9 Rec Fco :SB6 00 Doc Fee :0 .00 CARF!ELO CO UNTY CO ·· .... LARAMIE ENERGY II , LLC sy: ,,. IGd?d Lm Kenneth G. leis, Attorney-in-Fact ST A TE OF Colorado ) J ) SS. COUNTY OF ,. 6 c.rlfel ) The foregoing instrument was subscribed -and sworn to before me on .,,. :&-1., i. z. 2-'" f , 2009, by Larry D. Knox, acting by and through his Attorney-in- Fact, M ichael 0. Knox and Danna B. Knox, a/kJa Dana B. Knox, acting by and through her Attorney-in-Fact, Michael D. Knox. My commission expires:"' Y7o.r .lo. u10 Witness my hand and seal. ST ATE OF Colorado ) V )ss. COUNTY OF _....&oaf"'~ } Page 3 of 7 ST A TE OF Co lorado ) J )ss. COUNTY OF .;-6,....~.,ft ) The foregoing instrument was subscribed ~ ZV , 2009, by Michael 0 . Knox. My commission e x pires :'~ 49 $:>10 . Witness my hand and seal. STATE OF Colorado ) I I ) SS. COUNTY OF ./ (;..6·.-/17' ) /LL.~ e fo regoing instrument was subscribed ----~"'9"'~,___,~"-~---· 2009 , by Raynell J . Knox. My commission expires: ~ -1J 2o/t:> Witness my hand and seal. Page 5of7 and sworn to before me on and sworn to before me o n 1111 Wi"•rM1~PJ,1 1ilj,liJ1 ~.I~ 1111Wfr'·~~1W,\M 11.!Mial,l'+rtW,~~11Wtvir.I «~·~1 1 11 1 ReceptJonli; 771936 Receptlonl;: 772167 07123/2009 02 :40 :04 Pl'! Jean Al t 07/28/2009 10:18 :16 AM J ean Albe rioo 6 of 7 Rec Fee ;$76 .00 Ooc Fee :O. 6 of 9 ~ec Fee :$86 00 Ooc F•a :0 ,00 GoRFIELD COUNTY CO ST ATE OF Colorado ) • /)SS. COUNTY OF /~A// ) The foregoing instrument was subscribed fl-j 2-"'1../ , 2009, by Mark M. Knox. My commission expires:1 ~ ~ -u>/D Witness my hand and seal. STATEOFC~oorado SS. COUNTY OF ,; ~ ) and sworn to before me on The foregoing instrument was subscribed and sworn to before me on ....--;fo1'f 2 -t.-; , 2009, by Tracey Knox. My commission expires: _,,.fJn'P. 'PYD Witness my hand and seal. Page 6of7 11 11 Wl".i. l1"1lf J'1 1'11I~ rtil II\' lt 1111 W.i. ~11~1\Nll JVl'1 !.r;~ llt~~rllr.lt1-:lK'.~ ,~1 1 11111 • I 1 Re ceptlonll: 772187 Re cept..onll: 771936 07/2 812009 10 ·18 ·16 RM Jean Alberico 071 23 /2009 0 2 :40 :0 4 PM Jean R 7 o t g Re c Fee·SB6 00 Doc Fee ·Cl .00 GARFIEL D COUNTY CO 7 of 7 Roe F ee•$76 .0 0 Coo F ee :l · STATE OF COLORADO ) ) SS. COUNTY OF _,. to/<r"k ) The forgoing instrument was subscribed and sworn to before me on .,,. ~ ..t3., • , 2009 by Kenneth G . Leis , Attorney-in-Fact for Laramie Energy H, LL , a elaware limited liability company on behalf of said company. WITNESS my hand and official seal. My Commission E xpires: "" ~ ~ #(),ll> /~ Page 7of7 ~ ~ fi ~ "' ~ R " E ::: i " ~ " 0 :i. ~ ~ ) j ~ ' ~ 0 t3 " ! c-9 .Jo8 KNOX. LARRYD. BLM North EXHIBIT "A" PAD LOCATION &: ACCESS ROAD ALIGNMENT BOSELY, MARY ANNE& RICHARDSON. NOELE. MANESS, SAMUEL P.& PHYLLISJ. KIOUS OSEMA Y TEAGUE, MICHAELL & KARAJ SATIERFIELD, MARYO. 0 ~-wW e>W .0 e<:N W .o ::> . i5 0 z :::::; LOT1 KNOX. LARRY D. PROPOSED ~~ox V08 PAO KNOX, M ICHAEL D. & RAYNELLJ. KNOX, DEANM .. LIFE .ESTATE SNOW. CAT HYM.& RALPHG. LOT4 RICHARDSON, PATRICIAL. LOT3 GROSS, KIMBERL YD. KNOX, LARRY D. CONSTRUCT NEW ACCESS (20' WIDTH) HYRUP PROPERTIES LLLP APPROXIMATE ACCESS ROAD ACREAGE 120' WIDTH): DANNA KNOX: EXISTING ACCESS ±1.4 ACRES LARRY KNOX: EXISTING ACCESS ±1 .3 ACRES LARRY KNOX: PROPOSED ACCESS ±0.3 ACRES MARK & TRACEY KNOX : PROPOSED ACCESS ±04ACRES DEAN KNOX, LIFE ESTATE: PROPOSED ACCESS <0.1 ACRES Shccl 1of2 TOTAL=3.4 ACRES HELEY. WILLIAM& SANDY A . NOTE: SUBJECT TO ASBUILT SURVE YS 7/16/09 LARAMIE ENERGY II LLC KNOX 3-16 PAD G raphlo Seal• In ~••t 1 Inch -= 1 000 foot E1/2 SE1/4 SEC. 3 TBS R96W W1/2 SW1/4 SEC. 2 TBS R96W 6th PM GARFIELD COUNTY COLORADO K NOX, DEAN M ., I APP ROXI MA TE AREA OF PAD DISTURBANCE: ~ MIKE & RAYNELL KNOX"'0.9 ACRES k' !i' LARRY KNOX"'0 .7 ACRES ~ MARK & TRACEY KNOX=1.7 ACRES DEAN KNOX, UFE ESTATE=1.0 ACRES TOTAL=4.3 ACRES 0 North I' KNOX. LARRY O. NW1/4 SW1/4 SEC 2 KNOX, MARK M . & TRACEY SW1 /4 SW1/4 SEC 2 PAD 350'x200' ELEV= 5499.8' DISTURBED AREA= 4.3 ACRES ESTIMATED DIRT QUANTITIES CUTx10% fill PIT TOPSOIL EXCESS 24,010 9.390 1,790 4,280 10,340 NOTE: VOLU MES IN CUBIC YARDS. TOPSOIL IN CLUDED IN VOL UM ES AT A D!:.PTH OF 12" PIT NOT INCLUDED IN TOTAL EXCESS LARAMIE ENERGY II LLC KNOX 3-16 PAD 7/1 6 /09 0 0 ,.. ,_ 5 3 9 ~ ~ oo: ~" LG QO JJ . -o <I . d •u. " 1111 w.~:n'~·"'~r¥i·~flf~.1ttrt-ri~l l*~:~1ilr1:~ m1•& 11111 Reception~: 773260 06 /141 20 09 02 :41 :03 PM Jean Alber ico I o l 4 R"" fea :S2 6 .00 Ooo Fee 0 .00 GARF IELD COUNTY CO Affidavit of Surface Facilities WHEREAS, Larry D . Knox and Danna B. Knox ("Owners") granted EnCana certain rights to a twenty-five feet (25.0') by twenty-five feet (25.0') surface facility in the SE/4NW/4 of Section 3 in Township 8 South, Range 96 West, on April 22, 2005 , recorded in Book 1781 on Page 436, in the records of Garfield County, Colorado; WHEREAS, Owners granted EnCana certain rights to five (5) additional twenty-five feet (25.0') by twenty-five feet (25.0') surface facilities in the SE/4NW/4 of Section 3 in Township 8 South, Range 96 West, on October 28, 2005, recorded in Book 1781 on Page 439, in the records of Garfi eld County, Colorado; WHEREAS, EnCana has, in accordance with the foregoing agreements, constructed above ground facilities within the six (6) sites granted above and the parties wish to clarify the locations of the six (6) sites as shown on Exhibit A hereto; NOW THEREFORE, EnCana and Owners acknowledge and agree that the above summary is a true and correct description of the surface facilities and Exhibit A attached hereto is a true and correct depiction of such facilities. All terms and conditions are to remain valid and unchanged. Executed this~ day of~ 2009: Owners ~ Michael D. Knox Attorney-in-Fact and Agent for Larry D. Knox and Danna B. Knox EnCana OH & Gas (l.JSA) Inc. --iOc~ Ricardo D. Gallegos~ Attorney-in-Fact 1111 ~\···.i.~:r1 1 ~.l~~~1Ztt~.11~·~1,.:11~:w.1~~ ~11~ 1 111 1 Reception ~: 773260 08/!4/2009 02 :41 :03 PM Jeon Rlberleo 2 o f 4 Rec Fee :$26 00 Ooo Fee :G.GG GPRFIELD CO UNTY CO ACKNOWLEDGMENT STATE OF COLORADO CITY/COUNTY GM~~/) § § § BEFORE ME, the undersigned authority, on this day personally appeared Michael D. Knox, Attorney-in-fact and Agent for Larry D. Knox and Danna B. Knox, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on thisl[.1$ day of _ru 'J , 2009. My Commission expires: <J1-J.J.-Cl STATE OF COLORADO § . § CITY AND COUNTY OF DENVER § BEFORE ME, the widersigned authority, on this day personally appeared Ricardo D. Gallegos, Attorney-in-Fact for ENCANA OIL & GAS (USA) INC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this (p"'!i day of..11C,1 2009. ~ ~\..JACJr& My :1;;i•:~xpires 7~0TA)ip~\ • ---i--l',(-....>..Ll4H,µ:.....::....... __ --i:i:--:-~...:;_i,LJ.L __ _ . • • . di~··. A \(j / 0 .., ....... Us\.. •• •.._<:) r S' •• •,, ••' ~l OFco\.o My Comm ission Expires 03/25/2013 1 111 M~.i. ~:1'11~l..'1l'11.\ II.IA tt~1 l rf(!llfi~,.,~~~lfl'.~1 ~ 11111 Recept i onn: 773260 081 14/2009 02 :41 •03 PM Jean Alber ico 3 of 4 Rec Fee :$26 .DD Doc Fee :D.00 GARFIEL D COUNTY CO I --~--------_ _ _____________ f!'!l?.~zty _fi"!.~--------------------------· 1 I I I I I I I I I I I I I I I I I I I I I I I I I ~: ... J ..:i 1 I ~l §-1 it l CllENT: / 0slTE'I (25' x 25') SE1/4 NW1/4 ~SITE2 (25' x 25') SECTION 3, TBS R96W Owner: LARRY l<NOX DESCRIPTION: SITE AS-BUil TS EnCana Oil & Gas (USA) Inc. LOCATED WITHI N L. KNOX PROPERTY IN THE SEl/4 NWl/4 OF SECTION 3. TBS, R95W, GARFIE LD COUNTY, COLORADO A . 151 N: AS SHOWN SURVEYED Y: ~&'fC!l ~VEYING DRAWN BY: CJT OA T[ DRAWN : 4/28/09 PROJECT NUMBER : 09-04-08 WASA TCH SUR\/EYINC t.SSOC:IATES 906 MAIN SlREE l. EVANSTON. WY 62930 (307) 789-4545 EXHIBIT A SHEET 1 of 1 ... 1 111 w. ~:1'11~.·,r·:+\ ~.~1 •• 1~·~~,"~'IW,\Nl~ ~·1 11111 Recepllon~: 773269 09 /1412009 02 41 C3 P,. JeaJ'\ AlO.rico 4 of O Flee Fee $26.00 Doc Fee 0 .00 GMFl ELD COUfHY CO COLORADO AGENT'S AFFIDA VlT REGARDING POWER OF ATl'ORNEY STATE OF COLORADO County of a'""" gt l / .J. I, Michael D. Knox. whose address is 1600 Counry Road 306. Parachute. Colorado 81635, oflawful age, pursuant to sections \5-l-1302, 15-14-501, and 15-14-502, Colorado Revised Statutes, state upon my oath tha..z.;m the attorney-in-fact and agent for Larrv D. Knox, principal, under the power of attorney dated ~ I b? · Z<Pvi ~ , a copy of which is attached hereto and inco lJlOrated herein by this reference, that as of ~s date l have no actual knowledge of the revocation or termination of the power of attorney by any act of the principal, or by the dealh, disability, or incompetence of the principal, that rny authonty has not been t.enninatcd by a decree of dissolution of marriage or legal separation. and that to the best of my knowledge the power of attorney has not been so terminated and remains valid, in full force and effect. Dated: Z-k / ~ 2CJcJ f The foregoing Affidavit wa.s subscribed and sworn to before me on .J'l('-'f .)... / ~,Agent. Witness my band and official seal. No1ary Public No. J~. Rev. 12-,4. COLORADO STA TUTORV FOWER QI.I ATTORNEY PO.R l'l\OPl\l\TY (r•c• 4 or•) '2009, by Mi£hW RIGlH-0 11-WA Y EASEMENT FO R AND LN CONSIDERATION of the sum of TEN AND N0/100 DOLLARS ($10.00) ancl other good and va luab le consideratio n, in band paid to L11rry D. Kn ox an1l Danna l<nox (hereinafte r referred to as Gk A.NT O R, whether CJ ne or more), the rece ipt and sulticicncy of which is hereby ack11owledged, whose muili ng nddross is 1600 A i.way Road, Lebanon, OR 97335 by Enc-mta Oil & Gas (USA) Inc., whose mailin g uddress is 370 17~' Street, Suite 1700, Deiiver, CO 80202, (hcroina!ler l'cferred to os GUANTEE), G RANTOR hereby grants, sells. conveys and warrants to G RANTEE, its successors and ass igns, a permanent easement, (30) thirty feel in wldlh , for the purpose at any time 11.nd from time to time to lay. locate, cons1ruct maiumin, inspect, alter, repair, opemte. protect , chBngo the size of, rep lace , relocate, mark, re move and/or abandon in place. t"o (2) pipelines and appurtonnnccs, equipment and facilities uscfol or incidental thereto, including, but not limited to, valves, melering nnd corrosion comrol .,q uipm.:nt, and any above- ground appurtenances, as may be necessary or convenient. for 1hc trnnsponation of nat\Jral gas. petroleum, pet.-olc111n products and derivatives ther<Xlf anJ any other liquuls, gases, or subslllJlces wh ich can be trnnsponed through pipelines, upon and along a route to be sclccled by GRANTEt: on, over, across and through lands owned by GRANTOR, or in which GRANTOR has on interest. siruated in Garfield County. Stme of Colom do described as follows : Township 8 South. Range 96 West, lilh P.M. Seaion2: Lot4 Section 2: SW4N\V4 Section 3: SE4NE4 Section J: SW4NE4 Section 3, SE4NW4 and being die same land described in those cert.1in Deeds recorded in Book 1028. Page 523, and Book 1187, Page 834, and Book 1455 . Page 702 of the Clerk's office of said Cou nty, to which reference is made for fl.11thcr description. In addi tion to thl' (30) thirty feet pcmmncnl easement urea as delined above, GRANTOR grunts t<> GRAi~TEl!: a temporary easement (45) forty-live feet in width ndjaccnl to t he pennancnt easement, fo r the purpose of enabling GRANTE E to iaitia lly construct the pipeline . After lho post-construction cleanup following the initia l pipeline oonstmction, the permanent easement area shall be limited lo a strip (30) ll1iny feet wide as referenced above. The perma nent case ment. located on the nbovc described lands is gene rally described on fahibit A. Pages I. 2, and 3 attached herelonnd made a pa rt hereof. Exhibit A attached hereto is not inte11de<J to show the final location of the easerm.>fll or pipe line as actua lly oonstmcted; the actuo.l location of the easement wi ll extend (15) fi ft een feet on each side of !he centerli ne of the pipe line as act\rnlly laid. Gfu\NTOR further grants and conveys unto GUANT£E the right of unimpaired ingrcl>S and egress on, over, across nnd lhrough the above-dcscri~ lands including olh~r lam.ls owned. leased or claimed by GRANTOR which are adjacent thereto or contiguous therewith for all purposes necessary or incidental to Ille excreise of the rights herein granted, with the further right of en try to maintain the casement herein granted clear of trees, undergrowth, brush, s1nJCtures, and any other items, to the eKtcnt GUANTEE deems ncccssary in the c.xercise of the rights granted herein. GRANTEE shall not be liable for damages caused by keeping said easement clear of trees., undergrowth, brush, strucwrcs, or nny other o~1ructions. GRANTOR shall have the right lo use and enjoy the 11bo"c-descnbcd premises; provided however. GRAl"-'TOR shall not exercise such use and .:iijoymllllt in 11 manner that will impair or interfere with the exercise by GRANTEE of any of the riglll~ berein granted. GRANTOR agrees not to change the grndo over the pipeline constructed hereunder and shall nol build, create, construct, or permit to be built, cnated, or constructed, any obstruction, bu i.lding. lake, engineeri ng works, or any other type of structure over or on said easement. G\UNT};E agree.~ at the time of construction lo bury said pipeline to suc h depth 11s will not i111erfere with lands under c ul tivation, nnd in accordance wiih app licab le Fedcm l and State regulations. Fo ll owing instnllution of 1.hc pipeline, GRANTEE agrC<Js to restore the ground as nearly as is practicable, to its conditiou prior to the installation of the pipeline and in accordnncc with l~cdern l 1'03ula tion s. GRANTEE shall, at its sole expense, keep the larlCls subject to the easement gr..tnte<l herein froo ru1d clear of all liens and encumbrances resulting from GRANTEE'S and its agents' activities on tJ1c said lands and s hall indemnify and hold harmless GRANTOR from and against any and all liens, claims, demands, costs, afld expe11se.o;, including, without limitation , attorneys' fees and ooun costs, io connection with or arising out of any work done, labor perfonned, or materials furnished with respect to or by GRANTEE and/or GRANTEE'S agent TO HA VE AND TO JJOL.O unto GRANTEE, its successors and assigns, so lon.g as the right and casement herein granted, or any one of them shall be •ascd by, or useful to GRANTEE fO<' die purposes herein granted and the provisions of this agreement are to be considc:rcd a covenant that nu1s with tbe land herein dcscnl>ed and GRM'TOR hereby binds themselves, their heirs, executors and administrators, and their successors and assigns to warrant and forever defend this rigl1t of way and casement unto the GRANTEE, its successors and assigns, against every person whomever lawfully claiming or to elajm the same or any part thereof. The easement and rigllts herein granted way bo IJ'aOsfcrred , leased or assigned, from time to time, in whole or in part. lt is agreed that any payment due hereunder may be made direct lo said GRANTOR or any one of them (if more than one). Section 1445 Certification-Under penalties of perjury, the undersigned Grantors hereby certify that they are not a non-resident alien, foreign corporation, foreign partnership, foreign lrust or foreign estate for purposes of U.S. income taxation . 1,....1.!i EXECUTED as of this day _. __ J"----of September, 20 I 0. Encana O il & Gas (USA) loc. By: Do~ Ricardo D. Gllllcgos 1..,, / tC/ Al1orncy-io-Facl ~ ACKNOWLF:OG1'~MENTS State of Colorado ) ) § County of Garfield ) On this ;5'!!! day of September, 2010, before me personally appeared Michael D. Knox, POA Cor Lorry D. Knox and Danna Knox, known to me to be the person described in and who executed the foregoing instnllllent, and who acknowledged lo me that he executed the same . (SEAL) My commi ssion expires : __ 'l'"----5_tJ_-_1_3 __ _ State of Colorado ) ) § City and County of Denver ) On this / / l:!J.. day of 1J bVlmb{/1 . 20 I 0, before me personally appeared Ricardo D. Gall egos, Attorney-in -Fact for Encana Oil & Gas (USA), Inc ., known lo me lo be the person described in and who executed the foregoing instrument, and who acknowledged lo me that he executed the same. (SEAL) ~~··-~,~-,~--~~o~•~~·-~ i APRIL JACKSON : ~ NOT ARY PUBLIC t : STATE OF COLORADO ~ \,,.,~•~r•--*•~•••••~-· Mv Comm1ss1on Expiras 0312 5120 13 My commi ssion expires: 3/ !0/ J'3 t '. I 11 EXHIBtT"A" Pagel of3 This Exhibit "A" is attached 10 and made a part of !hat cenain Right of Way Easement by and between Larry K. Knox and Danna Knox as Grantor and Encana Oil & Oas (USA) Inc., as Grantee. Sect ion 2: l..ot 4 Seel.ion 2: SW4NW4 Section J: SE4NE4 Scc1ion 3: SW4NE4 Section 3: SFANW4 Township 8 South, Range 96 West, 6th P.M. Located in Garfield County, Colo@dQ S89"22'56"VI. 26~3 !>2' N8!n5'46"£ 2603.67' .. K ., .. "! • ii .. ::i !' l:" ~ \.. {; ,., ~ :;; ~ ... :i ~ ~ "'"""" ~,.,,, ..... O..r. L «NOX ---1-----_________ ,,___ __ -----~~~ __ ..._ ____ --- =-rft.r .... A:_W'Clfl' .. EXH!Bli"A" Page2 o f3 This Exhibit ·'A" is anached to and made 11 pru1 oftnat ccr111io ltighl of Way faisemcnt by and between Larry T<. Knox and Danna "Knox as Grnntor and Encana Oil & Gas (USA) Tnc., as Grantee. OC.O~l ---... _ Scccioo 2: Lot 4 Sccrion 2: SW4NW4 Scction 3: SEAN°B! Section 3: SW4NE4 Section J: SE4NW~ Township 8 South, Range 91i~~t.l.l..e.M. Located in Gprticld Countv, Co lorado __ ..___ -___ (/l_y.. _____ ~ ------_______ __,_ ___ --- - L~G£ND ~ l'Ulk1': L.ANO SUffloEY CORNCR ·~ NIGi.i: l'OINT P.0.11. -~ O' 8£QNfltHG P.O.£. P<i1Nr Of' DIOING I I I I I EXIllBIT'"A ' Page 3 of3 This Exhibit "A" is attached to and made a part of that certain Right of Way Easement by and between Larry K. Knox and Danna Knox as Grantor and Encana Oil & Oas (USA) Inc., as Grantee. Sootion 2: Lot 4 Section 2: SW4NW4 Section 3: SE4NE4 Section 3: SW4NE4 SectionJ: SE4NW4 Township 8 South, Rangii 96 We.sl 6th P.M. Located in Garfield County, Co loradq t : I S89'22'56"W. 26.fJ.52' ~ • 11 .. :W'J• /)rCTIONJ. ljlSF«W OWnr. L K~01C LEGEND l), PlillUC I.AHO 5t/R\o£Y CORNUI ~ ANGii; POINT P.o.B, PQH; OF llCCJljNtNG P.O.£. PQ<NT OF EHDll'IG 12EIAU.. Nol to Scole COIUIBCTION OF Dl<:SCRTPTION IN PIPELINE lUGBT-OF-WAY AGREEMENT WHEREAS, under date of September I 5, 2010, Larry D. Knox and Danna Knox, together as Grantor, e xecuted a nd delivered to Encana Oil & Gas (USA) Inc., Grantee, A Pipeline Right-of-Way Agreement ("Agreemeof') that was recorded at Reception number 7...2Sot2..a..., of the records of Garfield Cou nty, Colorado and which Agreement covered certain lands sil11ale in saicl Garfield County, Colorado; AND WHEREAS, the Exhibit A attached to said Agreement was incomplete and indefmite and tbe land s intended to be covered by said Agreement are more accurately described on the Exhibit A attached hereto and incorporated herein by reference; AND WHEREAS, the Agreement incorrectly stated the name of Gr.mtor Danna Knox and the correctly stated name should be Danna B. Knox w ho is one and same person; NOW, THEREFORE, fo r and in consideration of Ten DoUa.rs ($10.00) and other good and valuable consideration, 1he receipt whereof is hereby acknowledged, Granter and Grantee agree to amend and correct the Agreement as above set forth and hereby agree to delete tbe Exhibit A to the Agreement and insert in it's stead the ExJ1ibit A attached hereto and furthe1agrcc that !Y.mna Knox sho uld be Danna B. Knox. Grautor and Grantee ratify and adopt the Agreement as amended herein and agree tbat in all other respects said Agreement remains unchanged and in fu 11 force and effect -r{ WITNESS our hands and seals this _.[_day of ht? v ,,t~ 2012. GRAi.'fTOR: '~~ox, Attomoy ;nFact ~~Attomoy-in -F"t GRANTEE: RNCP~~ Ricardo D. Gallegos, Attorney-fo-Fact JAi ·tl-f-J'v v . ACk.."NOWLEDGMENTS ST/\ TE OP COLORADO COUNTY OF G-,p1 /; etL_ ) ) SS ) On t his 5 74 day of ~eel/,V , 2012, before me personally appeared Michael D. Knox as Attorney-in -Fact for Larry D. Knox and DannaD. Knox, known to me to be the person described in and who,~llllttldtl})e foregoing . d ku d th ~\\ PA 111. mstrnmeut, an ac '. owledge to me that be executed e same. ;f '" .......... -::_~( ,/~ '°4 / ff~~/ IV ··\: ,µ ~ My commission expires: ...J~?/ 2(!/ .Z.. 2 ~ f o,. \ 0 ~ WiLness my hand and seal/ ~ :: m : ~ '113 : ~ :: ' ...z "" ~ ·. 1c : -~~-o:: ~ -<-: = rr,(/: ~~·· ....... / f Notary Public "<-//1)0f?AD0 ,,,,,-." 11111111111 11 111\\I STA TB OF COLORADO ) ) SS CITY AND COUNTY OF DENVER ) On tills&!_ d'l' of~ , 2012, bcfure me pe"ooally appean:d Rio,,do Jl. Gallegos , A.llomey-in- Fact for l:'.ncana Oil & Gas (USA) ln knoWJ) to cne to be the person described .in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. ~r••••••••o•••-•-••••~ i l.\PRIL JACKSON ~ ~ NOTARY PUBLIC • 3T ATE OF COLORADO ----<--<?,..•.C:.-~-$-c>~df!>..-.P..~"""'~4>-0-4'-, My commission e>.."Pires: 3l'J5!C) Witness my hand and seal. Notary Public ao~w Cf-ctvtri?trY'ss1on Expires 0312 5120,., EXHJB IT "/\''Page I of7 T his Ex hib it "A" is attached to an d made a par t of that ccnain Rigbt of Way Easement by and b etween Larry D. Kno x a nd Danna B . Kn ox as Granlor and 11ncana Oil & Gas (USA) Inc., as Grantee. ~ I ~ ~ 0 m IL ;>; ~ LEGEN D ~ f'<Jl31.1C LAND 5tll'?\.f: r' CO(i!<E'R 0 l\NCLE: POiN't P.0.G. PC;Nr OF iJlfC/N'i/'/C. P.o.e. PGlll'i or ENWNC .,. ff F ; ., " ~ p :> .. "' i ~ j'I "' °' 1ii ., ~ ~ 51!1/•lefH I') "' ""'"°""rBB""""W <: § C-qr--l. kf>.:OX :g :;:;. it \) ..... Ji 'g/h~H,'tMf ~Q.lUIV'ANI Owi/o-= i... KU OX ... ·~ -----------------------___ :L~_.s.,.,_ ..... _h~ ___ .._ __ -------- ':_:,:..J{' ~e > &Ji! ..U.'\t CAI EnCana Oil & Gas (USA) hlc. C6crltPTtOH: HIGH MESA 16" DIS CHARGE PIP EU N:: ACRUSS L. KNO X Pf~Or>ERTY. Si:CTI ON S 2 & 3 TBS. ;~96W. G'<R rl(l(J COUMTY. CCLORADCt 9 08 1 Q, Oi'.~W"f SY; CJT C°'TE '1R.\WN: 4/05/10 P~O.'!i:CTi"vl.!~ER: 10 -04-10 WASAit'\i SURl'f.:'tl~:C .\SSOClATES 90a M~N STREf.l, ~VANSTC~!. WY B23!i0 (307) 769 -+f>~i EXHIBIT A •' 1111 fr• ~:n1~~il'iN~ ~.H ~rt~·1iri~1 ~r ~1~*'~ 11111 Reeeptl on ~: 820776 06/2912012 01 :47:48 Pt'l Joiln Rlber>co 4 of 9 Rec Fee:S51 .00 Doc F oo:0.00 GARFlEl..O COUNTY CO EXllLBIT "A'' Page 2 of 7 This Exhibit "A" is attached to and made a part of iha1 cerrain Right of Way Ease ment by and be tween Larry D. Knox and Danna B. Knox as Granlor and Encana Oil & Gas (USA) fn c., as Grantee. LEGEND OFTAQ Na 2 llot If) Scd/<J ~ PUBl.JC I.AND SIJRVF:Y CORNCR 0 ANGIE POINT P.O.fJ. POINT OF BfGINNING P.O.£. POINT Of' E'NDl/'IG 643.52' t I $£,\~!'C'/J:i ~[1.,~Joo,{>.'J(;ll 0.:-. L. l<HOX DESCRIP110N; HIGH MES.A. 16 .. DISC HARGE PIP ELI NE ACROSS L. KNOX PROPERTY. SECTIONS 2 & .3 TSS. R9G'.V, C/\.Rl"IELD COUNTY. COLORADO Q8/1Q ORAVo1' DY: CH' DA.TE OR".W>t 4 /08/1 0 l l'RCU::C r NUMBER 1Q-Q4-1Q WASAI CH SUP.\IEY?NO ASSOCI AT'i:S 906 MAIN STREET, CVAf'ISTCN. Yrl 829:l0 (J07} 789-~5+5 t:."XHIBJT A 1111 l'fi'• ~~1~1,~Nal'K\ r;~ i.trr:fi+i(lr~l~f \r~ ~1~ 11111 Reception#: 820776 06/29 /2012 01·47 ·49 l'1'\ Jeo.n AlbGr lco v 5 of 9 Reo fee :$S'..OQ Doc Fee:0 ,00 GRRFIELD COIJNT• co EXl-DBlT "A" Page 3 of7 This Exhib it "A" is anachec.l to and made a part orthal certain Righ t of Way Easement by and between Larry D. Knox and Danna B. Knox as Granlor and Encana Oil & Gas (USA) Inc., as Grantee. LEGAL DESCRIPTION A p/pe/lno n{Jhl-of-way llY'..<1t11d 111 Loi 4 & the SW1f4 NW1M of S~!/on 2, & 111e $1/2 N1/2 of St'.'CtiOll :l. T8S. l'WSW: 6TH P.M .. G8rfll91cJ County. Colorado. r.'le cemct1ine of said r/g!lt-or-way l>elng more patticular/y clescrib<W as follow~: Commvncing e t tho Norttrwest comer of ssicJ Soc6on 2 :ina ru onlng /hence N 89'45'46" c, t:J'.!8.60 feat along !h& north /iri o !hereot to I/le POINT OF BEGINNING No. 1. l/1encc S t6"32'57'W, 71.94 feet; !hence S 2 7".38'54" W. 1098.!>5 feot; tl1"'1c.t S 20'39'09" E. !Xl.49 te&t; thence S 23'05'49" E , 117.50 fsel: thenre s 37'42'2/r E. 61.13 te"'; mence s 00"27'41• E, 104.12 reel loo poinl lo bl) kt:t>Y..n 8$ "Point A ~· thence s s9•3:rHr w. r .71.64 (aet. lilenco s 99• I 0'50" w 653.91 /~el ta a point lying c-,n the E'osl line of said Soolion 3. snid point lying S 00·03·00 .. W. i43l.77l'i!er from t11e Nortl1"'1•t comerlllorl:Cf; 01911ca conllnulng S 8!1.16'00" w; 4 t .15 fe<I!; lhenoo S 89'20'22'' W. 351.57 feel; fhonoe s eo•10-sr \.'.~ 254.99 feet; thence s 89'28'05" w, 427.02 fee!; lllet1ce S 89'08'57" W. 289.10 feel; tht;nce S 89'14'21" W. 416.06 f6"/; Ulence N 11•21•14•W, 73.11 feet; ~'Jenee 589.42'58" W, 145.21 feel.to the POI/VT' OF' ENDING of this po.1fon of said canlorline, SB/cl po/nf lying on /1111 line conlJTNln Jo L Knox & D. Knox propCflfes. BA SI S 0 F B £AR IN Q. Also, ccmmenclng at the N<>t111 One-Ouart.v OOl1ler or said Section 3 and nJnnlng thence S 00•11'44" E, ~400.87 (eat "long !he Norl/J·SfJutlr renferlln6 of said S<:clion 3. fa /lla POINT OF BEGINNIN G No. 2: I/Jenee S 55•24•55• tV, 142.34 feet rtulnca S 82'03'37" W, 237.20 f&et; fh er.ce s nroo:zo· w. 68.33 feel; !hences 72'.52'38" w. 167.45 fool; ttumc:e S B~'02'26• W, 217.14 feet; lhence S 67'32'13" W. 4 7JJ9fect; them:e S 5!1"~0·19· IV, 125.5/Hool; tncnce S 4 f "68'05 W, 177.83 feet lo the POJNT O~ of this portion of snk; ce11terlln", sold poln< lying S 42•05·30• E, 2322.38 f"9t from the Northwest comer of sRld Section 3, Said C6nlerline being SS69. 76 fe.U In lengtn. RIGHT-OF-WAY LENGl'HS PF<OPERTY OWNIOR I SECTION FEET TOTAL I sec. 2. ·ras R96W 2408,59 2400.69 L.KNOX I Sl::c. 3. T BS RgSW 3151 .17 3 161.17 Total 5569.7G The base bearing for this survey is N 89°45'46" E, 2603.67 feet beh.veen found monuments al the Northwest Corner and the North One-Quarter Corner of Section 2, T8S. R96W. CE.RT/FICA TE. OP S URVEYOR I. Ted Taggart of F ruita, Colorado hereby certify t/lat lhls map was made from notes laken during an aclual s urvey made by me or under my d1rectio11 tor EnCana Oil & Gas (USA) Inc. and lhal the results of which are correctly shown hereon. DESCRIPi!ON: HIGH MESA 16" DISCHARGE PlPEUN E EnCana Oil & Gas (USA) Inc. AcRoss 1 .. KNo x P ROPERTf. sEcnoNs 1 &. 3 ras. R96\V, GARFIELD COUN TY, COLORADO AS SHOWN Ng 08/10 ORAl'IN BY: C'.JI OATE OSAYIN: 4/08/iQ PROJ~C1 NUM ~R: 10-04-10 EXHIB IT "'A" Page 4 of7 This Exhibit "A" is attached to and made a pan of1 hac certain Ri ght of Way Easem ent by and betwee n Larry D. Knox and Danna 13. Knox as Grantor and Encana Oil & Gas (USA) Inc., as Grante e. t : I ----------'~----=~.!!!!;~:!!!.!~--------_,;;s_a_g_~_2_~~s-·_~_~_2_s_4.J_,,.~s2~·~----::-::::--::::::----~A ~ J\ :Jt:cflon lfn ~ \J ~ v K (1990. 19·; J~~~~ + vUENT: r 12U.dlL 1 Not to Scole 8 -« LEGEND ~ PUSUC U.ND SUR\IEY CCf?Nffi O NiGl.E: POINT P.aB. POIN T OF 8f.C.1NNING P.O.£:. POINT or ENDivc I 01t11er; IJAflESS II OCSCf'JP1l0'1: EnCana Oil & Gas (USA) Inc. HIGH MES,..\ 16" DISCHARGE PIPELINE ;\CROSS D. KNO)( PROPERTY LOCATED IN SECTION 3. T8S. R9t;W, GARFIELD COU NTY. COLORADO • Al.£, AS SHOWN '~"' ·~ 0 9 1 Q DA A'/"'1 BY: CJT Jo1,re: ORP.WN: 4/08/10 PRO-"'CT NU"O(R< 10-04-10 WASA 10< SURVEYING A~"SOC1A iCS 90S !OJN STREE1. EVANSTON, WY 629~ (307} 789-•5-!5 EXHIBIT A 1111 W.i. ~:ll1~·1.1~tW'11't'l'tltl\'~~~"fl',~·~ 11111 Rcc vptionij: 8 20776 GS/29/2912 01 :47:46 ?M Jean Al b erico 7 of 9 Rao Fee:$S1.Q0 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT" A" Page 5 of7 This Exhib it "A" is anachcd to and made a part of that cenain Right of Way Easement by and between Larry D. Knox and Danna B. Knox as Granter and Encana Oil & Gas USA) l.nc., as Grantee. LEGAL 0£SCR/PTION A pipeline right-of-way located In th& SW114 NE114 of Scclioo 3. TBS. R96W. 5TH P .M., Garfield County, coiorado. ll>e oanlerllne or said t'ight-of·Waf bafr.9 n"'''' panicularty rtesc:1!Jecl as fa/l~ws: Commencing m the Norlheasl cnrner or said Sedion 3 Mff running ~hone.. S 89'22'51.i" w: 1990.79 feet atang ff>e nonh fin.. tl•o-1, 11!&11ce S 00•3T04• E, ·t411.09 feet to the POINT OF BEGINNING· it:onro S 89"4?~8· W; 13:.so feet: /hMce S eg•33·i7• W. 529.64 fest; lhcnccS 86'24'55' W , i.98feet ro the POINT OF F.NOING , ~id point l,yingon /he West line of ss1d SW1/4 NE-114. S 00•11 ·4• E'. 1408.87 leo! from a:e NoM On,.Qvarte1 comer of ssid Section 3. Said centerline being 663. 12 feet in length. RIGHT ·OF-WAY LENGTHS PROP:;RTY OWNER I St:CTION I F EET I TOT AL O.KNOX I Sec. 3. T8S ROOW t ssJ.1a I 66a.12 I Tor81 I sr>J.12 BASIS OF BEARING The base bearing for lhls survey is S 89"22'56" W, 2 643.52 feet between found monuments at the Northeast Comer and the Nonh One-Quarter Comer of Section 3 , TBS, R96W. CERTJFICA T£ OF SURVEYOR I, Ted Taggart or Frwta. Colorado hereby certify that this mep was made from notes tel<en during an actual suNey made by me or under my direction for £nCana Oil & Ges (USA) Inc. and fhar tile results of which are correctly shown hereon. UENT: DESCR>Pl\QN; 1-!IGH MESA ·16" DISCHARGE P IPELINE EnCana Oil & Gas (USA) fnc. ACRoss o. KNox PROPERTY LocA TFD tN SE.CTION 3. i 8S. R96W, GARFlEIJ) COU.N TY, COLOR ADO 0\~/09/10 DR.Al'r'N 9 •1: C.JT DATE !T.lA\l'N: 4/08/10 I PROJECT "UMBER: 10-04-10 WAS.>.TC>i SIJR\l!'.YtNC ASSOCATES 90S MAIN SIREET, EVANSiQ-1. Vfr 82930 307) 769-"r51S EXHIBIT A 1111 ~11'"•~~1M .~JH~1Wilf.lt'r~1.rir1w.1,w. ~·~ 1111 1 Rec:ept.i onll: 820 7 76 06 129/2012 0 1 :47 :48 PM Jean Rl be r ie o 9 of 9 Roe Fee :$61 .00 Ooo Fee :0 .00 GRR FI ELO COUNTY CO EXHIB ll "A" Page 6 oi7 Thi s exhibi t "A" is attach ed to and made a part oflha t ce rtain Ri ght of Way Ease men t by and betw een Larry D. Knox and Danna ,B. Knox as Gran tor an d Encana Oil & Gas (US A) Inc .. as Grant ee. \ NORTHWEST CORNER SECTION 3 2005 0RhSS C.Af' ?LS Z6595 QQPNFR TIE NOTE· SE1 /4 NW1/4 SECTION 3, ms R96W Owner: L. KNOX 11 iE PCM T OF ::NDING i3EAF?S S~5~1·51"E, 2311.12 F££T FROM JI.II' NORTlii'IE::ST CCR1'\/ER or st:cnc:• 3, res, P.s6W. \'l'EST l/4 CORNER SEC11Cl\I :S 2007 ELM GRASS CAP t : c - l CENTERLINE OF PERMANENT PIPELINE 30 ' WIDE RIGHT-OF-WAY U::G£ND ~ P:.!81.JC UWO Slfl<Vc'Y Cf.-RNER 6 A;,'Gl.£ PO<t-1' !>.O.B. po:.111 Of 8!£GINNINO p O,£. P09rr or ommo .11E<-:r: ncset~IPTroi.: HIGH MESA 16 " DISC H ARGE PIPELINE EX TENSI ON Encana Oil & Gas (USA) I nc . AcRos s L. KMox r-RoFERrr. &cnoN J T8S. f;u6W. 0 .4f-F1c1..0 COUNTY. COLORADO ORAW>• BY: CJT O•TE OR•WN: 1 j /07 /11 ~RO.;<:CT NUMB!:R: 1 Q-0 4-1 Q t\l.:.SA TC.H ~1.JR\/~Y!Hi.; :..SS:.:C ~YES 9~5 MAIN STR~!:T, EW. 'IS TO ><. vti ll29JO (307\ 7Sl>-~S•IS EXHIBIT A 1111 WI.-• ~:li1~11i!\.~~ l'f,, n+ll ~r~l.ir"Lt~\V'fi l-A 1\ ~11 1111 I Reception~: 820776 0 6/2912012 01 :47 :48 PM0 Jefan A~b~J;'g"AR~!ELD COU!JTY CO g of g Rec Fea :$51 _00 oo ee 1 ~,,,.. r Ext!JBlT "'A" Pa ge7 of7 This Exhibit "A" is aLtached to and made a part of that certain Right of Way Ease men t by and between Larry D. Knox and Danna B. Kn ox as Granto r and Enc ana Oil & Uas (USA Inc., as Grantee. LEGAL DESCRIPTION A p/pa/foo rlght-ol-mily loaated In llM SE114 NW114 Soot/on 3, TBS, R96W, 6fh P:M., Garfield Cout>6'. C¢/o(-ad(), tho oonJ&tr01" of ~;d right-of-way b6i"f'I m.,,., prJtfJc:ulsrly d&scdbed"" felk>ws: Commencing a! th& Nodhwest oomer of said Sec11on 3 and running thencesoo•ws1•fi, 1745.18 tee!s!ongthe Weslllne thereof: thono6N8$.11'29.E, 15S2.25foottD'/JJo PO/NTOFBEGINNfNG ; thence S38•5t'48"Vt. 7. tz feel; lhenoo N50'1S4'11"W, 22.b'O feet; th<!l'lceSS0•1.c•11w, 91A9foot: thence 945•5721-w, 135.321eet; lhonco SS9°39'SB"W, 3".29 feel to tho POINT OF ENOING, &Sid point lyfng on tho Westline of said S.fif/4 NW1!4, 535'21'51.E. 2311.12f1Utl from the Nartliwasr ~r of said Sodion 3. Said cenfe.'fina being 290.72 feet in len91J1. 1htt base b&alfngfortJrlss!IMIY being S00-48'31'E, 268$.37 fool. between /oond monumools ot lbe NorthY>'<l61 comer anrJ W&st Ono-Quarter COlll6r of said Se<,1/Cn 8. R IGHT-OF-WAY L ENGTHS PROP£RTY OWNER I SECTION I FEET I TOTAL LKNOX I Sec. 3, TBS R96W I 200.12 I 2!lo.12 I I To!BI I :iso.12 RIGHT-OF-WAY LIMITS BOX CER TI FICATE OF SURVEYOR /, Ted Teggan of Fruita, Colorado hereby certff'/ that this map was made trom notes taken during an actual survey made by me or under my direoUon for £ncana Oil & Gas (USA) Inc. and that tile results of which are correctly shcr.-vn hereon. Rele<ence Pnl11ts Temp orur y P ~rma r ent Permnner t T6rr.porar)· FROM TO Wo r k Space H•gl'>t-ot -Woy P.igh1·-~·.i -Woy Wr,f~ -SpOC'.? L-e!t L~~ f~iQl\I !ti~ P.0.i1. P.O.£. Jo· 15· I.')' 10· IEWT: Encana Oil & Gas (USA) Tnc. i1£SCR1PTION : HI GH MES A i6" DISC H ARGE PI PELI NE EXTENSION ~.::•~oss L KNOX PRC?E RTY. SECTI0:-1 -~ 1'85. t{gl)·:;, G.?\f'FIELO CCUNTY, COLORADO llRAWl-l i:l\~ CJ I llA TE !lRMo1•: 11 /07 /i 1 I r-~.'EC T NIJM2 i:7l: ) 0 -04 -j Q VIAS>. TCH SU l'1VC't•"1G ASSOCIA1ES !JOG t.'.&JN SYR££T, 6:VA.NS10H ... .,,., 82~30 (30'1) '1&!1-46'.5 EXHIBIT A l'ROSECT: Laramie luppo Prptliot TRACT#: COUrffY : Gmtld PERMANENT EASEMENT AGR.E F.M£NT Tllis Agmn11>nr, dlllcd M•y J!l.., 2011, is between Lony D. Knox. (oodnaftor rorc:m:d ro as "Orurnur'-. whether ooe-or rtlOJ~). 1md ETC Oi.u,Yoo Plpcli.no, l.LC. and its wccc:Sliort and mi~ (•uch e11riry and it~ successors aud usigos inc cotlccli\lcty ref'crred to 11~ lhc "'Grnntee"'). For the ocw1skk..-rwlon or TEN AND Nol 100 D<lUm (S IO.OO) and other pl onu \'alu>blo <on•ldtrarloo, rho """''P' ond •umolon(y urwhic'll DN hereby .ickoow\udged. Ofllntur hereby w-wns, l:OH\ICl)'S Ull.10 Gr11111ce a nom:xt lu;tve thiny f'oot ()O') wide lfte 6Dd unolntruoted pcmiMent ta">Cmtnc and a 1cmpc~ oonMrlK.11011 ~'tl 1 e11t co i:onstnioC\1 upcmu.: ind main~n one ( 1), up to r lnch_. J>i1>ell11c io. over. ttu\"lulh. wcm-. under. 111~ •hm¥ timd uwned by Ibo GIOJ\tor and <lelcribed lo lhc llllllthed Exhlbil A. II is IUrtbcr ogreeci as folio ""; I. This permanent Cl$C!OClll sboU be lhlttr (30) foot In Wi<W\ (tho "Pcnnont01 ~· l'ropt11)1"). Gran••• is •"" grmrl<d !he rigjtt bercin 10 ulillze • rempomy """""""lo• <U<nl<lll IVl'Cllly ()0) r ... In wid rh od]n4nhl!I rht P,,,,,1a•1tn1 F.a<cm""t Propony •lo•; wld1 1ddkional rcmponry Ar<U .. moy b<I roqulrod ~ load. mtJc. nlifroad <t\'JSSlngs and la artti of diflku~ ropo~ (11it• Toropo<U)I ConsrlllCllun -.0. Propcrtyj. Gr.uuco's right ro U1llire rho Temoonry Cclstnrrtlon C-nc111 P"'P<")' .... llupW..1J9CIO--Or""""'"""m 1 The r'cbt to us. lb.is Eascint!nl sUU ~ co dK> 0111ftt«i .wt 111 .. ~ c.mplo)'C0t-do~. "''"""<"''" ,._,.,.. and .... ,.,... •ad oll -oaina by .. "" bdlalf or ;, r .. Ille -of Cllbblrsltina. 11)111~ """"1JCting. ~ cpcnrir)g. malnmin!Q8. 1Ctt1$loa. ~ porro1r~ ~ repoirilog, • pipdiac IOr tbc .._......or oiL ps ....i Oilier llw.Js or--. or any or Iha!\ -lhep<Oducts <h<m>l; t~wiah abovc:""" bclow11ouod _,..may be,_..,. .,.. dainblc tor tl!c ~ or a,., pipdhlt, owr, across, tmdr:r llld qpon Ille P<nl*lmt Ea!<mcnt Pfopaty. 0nnttt :ilo.aU bavc rho rigM of ingt<ss ...S Cll1"' ....,. and .,.._ 111< rmpomy Conwualon Ease..-"'-1!' to SW\"e)', COllducl f.......t>k wl .-..ory _,.._IOI! ll<OVll ..... lO .....,. .. ~ ft! clrjctU IOcaled willlill the TtmpO<al) CMSINctlon &s.m<nt l'nlptny. Tiie ltml of llus T _..y °""'""""" Easemear .m.u be r ... • period to mend &ii (6) moaw lion> lk d>I< of arnsmirtion ~. H-. if Granlee Im -.pl<lcd ks""' of this T"'npor.ny COllSWdlon l!n:nx1ll prior ro IJoc si1 {6) 11""'1h poriod and so ...,.. m "1irins. then thc Ttmpontr)' COl\'ilnlelioo i:.-1 id!all immcd'ra,.ly 1tnnina1<, 3. C.-!hall hove Ibo right IO,...,.~ ..... locotion or 11!. piptlino wilhin !be P<nuMOOI i:-1 Property . f\lnhcr, <mto~ •"111 have dlc rigbl"' -malniain Ind dlang.i slope> of curs •lld nus to .....,. {llOll<T latcrol and $Ubj>cenl SUpport for !hid dloia• for the p;p.linc and oppurlCllllOI (ec:illtlcs tcliaed W ll>is ptpdino proj«L Ollllll"° W!l abo ba>e !he oiiJ!I 10 Ila"" a rfaht or c:n1JY Incl ll<CeS$ 111. IO, lhrouJh. OU. owr. undc:t. nnd ac.rtl5$" tJ\c P-..'"fl'Nlo<'ftt Easement Pmpcn)' for aU ~ nocuwy and at all 1imc.t con¥e11icnt and noccssary to excn:isc the rights granted lO it by tbi$ E•Sl.'ment 4. 1110 conoidc<olion p•id by Gnmtoe to OnlOIOr In Ibis "l!rc:cmon~ borh PMl•M<nl 111d l<fl'pOl'!lry, conveyed by Cruntor, isnd any ilnd an damages to the Ornmor'a: rcmain1na prope:ny. Mawewr, Grantee wiU puy Gmuror (or If le,.•cd ro Gnllllor's 1en•mt) for :iny <l:Unng~ caustd to Uvrstock und 1Vt1wing C"'IJ' durln1. the periods or the original coustnn:tluu of the ptpeline. s. Gnull<• will insofor OS praclical>Jr. restore rhc ground dlsMbod by •h• Gr:1111co's """'ortJ10 Permanent F.ax.rncnl Property w\d wiU c:onstruet and maintain .soi) COnsctYAfiOn devices OU l?1c PcnHAnctJI ~Wmcn1 Propcrt)' as ""'Y be remMably ""t•ired 10 prev•n• donurge ro 1he propcny of G111n1or from 110il crosiun rcsuirJng r.,,m operations ofGr.1n1oc herevrr<l<r. Any rOO<s hu;or tlwi 1wcn1y-four (24) iocl1os oxcava1cd by Gr.inloc &hall be dmriburcd and pl>ctd "' disposed of by Ot0ntoo on the Propel1y os dlrocr<d by Gr.inlM. Gnn!cc sbAll )'3ve ibe scriice u "'"rly as rt.1S0J1tlbly f>O$$lblc .. ~ wu prior 10 lho coru1nrctioo uf lbc plpcline ood will restore •11 !Cnc:cs as nearly as po!Stbio 10 as &OO<l. or b<:ncr. coodi1ion as ~l<)l Mrc prior to rhoconstN<tion oflb& pipeline. Gtllllr..,wll bow lhc r!ghl ro lnsra ll, llllllnlliollltd ""'&;ilO'l In ail A:nccs whim RQW ~«.rshall tro$$ lhc cucmcnl or ""'iich providoaot"1" to O~fllur't pmpcn;y. G111111or shall 4ltow Grantee io buall its own k>c:k ifCinmteo JO dK>OJn. 6. Graotor may use Ille Pemaocrn Eltwnl:lll Pmpcny for 1111y and all PWJIOUI no4 ;,.,.,...i.tom wilh the IJlll1lO'<S set forth m rhis llasemcrtt Clranklr"s ,.... moy ""'luJe bur dull not be lttnucd lo us1111 rho l'<ttoallmt Eucmcnl Propcny for agiicuhunl,..,.. ipaoe. ,.....,.k. -,_, •-""" roodw•y ~ GRnlol is p<nDillod. afR< ""'""• II)' Gr.illloe, IO COllSll'UCI !Ill)' Md ail -and roadwlY'-* MY .. ,te o( no< l<n-fony fivo(45) <iq;i'CCO«> G....,_., pipdlacs, _die...,,,,_ i:a-c:o1 Propcny "111<11 do-cWnaF-o dcstroy« alli:l lhc _......, ottb. popdinc ood IQ appun..-&<ilitioo. 0.-or '"">' •IJo tQISllUCI udl« INall •-· ..,,_, ps. clcaric, C3blc TV. 1cltpbonc or lllba utilvy lfn<s """" do• i>ennane11 "-"'""' Propcn;y at any ooglo or no1 l<ss lhan flrr!y 6•c (4$) dqftCS to Gr.11110:-. prpcline, pnwrdod that all of GJ11t11re"s ~rir<d and l!'Plktlblo spxings. intlocling dtpth sq>onlklo hmits tmd orbor pn11octl\t "'l"""men•u~ 111<1 by Onn1or. TbooUS< oftlrt Pumumt Ea!cmarl l'Npeny by GnJ&uor r.ball 11< .. lakd1rya11_. __ ~""''"'"""°"i.wsor111<..,-...,.y""" aurl\orily °'"' rho: Pmnoncnr Eas<mcnr ~. Q,..,ror must norify Grw!l<c in Wlititoa be'°"'...,..,.., ~'S,lllfliti .. orolilu~men1Sln'iost11ied. 1. Ganior "'"Y qot 1L<c Ill)' ~ o( the Pcn=imt ......,.,. Pmpcny 1r •oc:b ..., toll)' Oamii:c. ckswy, 1'1)ure, Md/or interfcn: with Ille Grantee's use of the f'ennanc:nl c:..cment l'!W<l1Y for the plllpOSea fof ~illtl> the permsncnc c:u<m<nJ is b<"1g soul:ld by Gr.ult ... Grantor is nol p«mitted to CIOOCluct ll!y of th< '"'~~ activlttcs oa the Pc:nocanc-ot Easei:uc:ot Prbpcrty \'JilhOut me WTJJti;a pcnnl1don of Gnnlce: \ l J con1t1ua any \emponu')' or pcnnan_cnl building« sit~ iropro'"t'mCn~ Olhi.1' rhan S'll't':etl and roods.; <21 dlill or Oponll• wry w.11 ; ())"""°"'toll °' d>lll\JC 1he p-.dc w •\oil« (•) lmpo'1ncl .ur1'1w:e "'"'"" "'(5) pllll1! trcn or landsc:ap{ns. 0.rantor further agrce:s that oo ebo,·c or bckrw groc.ilhl ~_mcdon tll~1 11\Jy lmerfero with the: J>W1)05eS for which lhi! E.n.sement is being acquired UUI)' be pliu.:.ed. orf:olc:d, in.call1."<1 OT ixrminod upon tbll Perm::mctH Easement Propeny withnut lhc wriutn pennl&.\ioo t1rGranlcc.. In lbe evr:nt 1ho IMmJt or 1111> pil1>£Tllpb an: violated, sudJ violatioo •hall inunedia1dy b< climin.11od upoo recdp1 ~1· Wlill•• notice from Onlnleo or Graritcc -ihnll havb the 1nuned1att rig,)t• •o COC'k'Ct or eUn1lnuto tueh Vlo lit.tion ftl 1110 1ote OJCpenw or Grantor. Or.ult.or !ihaU promptly reiml;mrse Cirantec for ~ O"Xpt,MO r(llaled 1hcreto. Or11mor further ;t~ th.it it will not interfere In ~n)' mnnucr whb tho purpMCI tOr wbith ll'lc £Asc11-.c 1't IJ conveyed. 1' Granicc Ml; the rigllt to uim or cut down or diml.n11c trct.$ or shrubbery 10 Lbe. i::xtcnt. ln 1he 1olc Judgment of Gmniee, iU successors U1d wigru, as may be nc<: .. IOl)I tu PfCVctll pouiblo lrncn<tcne• wilb 1hc opmtioo or11ic pipe-lines and to remove possiMc hatard tbc.rdo, nnd the rig)\l lo removu or prewn1 the CO<Ulnlction or, ll!l)I Md •ll buildillgs. stnldlJTC!I, mcrvoin ... ocbct obsuuclln<b 00 1hc ........... , E~ !'ropcrty wbi<h. in IU sole judgroeul or th• G1>111<c. ""'>' cndqtt or lntcorfcre with 11>< •flicicncy, safety, or convenient """'1l'iOo oC tl1e pipeline •oil •PP"'"'"""' racnities. 9. G1'1111or !hall rtlllin a11 d1e oiL ps. and oollct minorals lo, oo and undc:r the Pcnnancnt r-m•nt Pl"l""Y. pcc>•idcd. "°""'..,..• dlal 0""1k>< Wll not be ponnlned to ..-Ill or_.,. eq • ..,, fOf the .,...,.....,.,,. or ck¥clopmcm ormn-ts ... dl¢ -f!awmcm l'fopcny. but ~ .. 111 be pcmtlucd to nlr.ld th< oil tDd oCllc< miacnk &om aad unda-dtc -EaklD<GI Pnlt><"Y by dirtt1..._I drilHn& IJJd Olb<r m"""-IO tong as 5udl ortivtUcs do not dalntfF. d<>ln>y, lqj1n. lndlor intcrk'tl> wilh U.. °"""ee's USC of Ill< l'<rrnan<m Easement l'Nj>Cny I'« 1he -fbr wltlcb the: pcnnNKnl -Is bc"'i; '°"1)11 by o.-.e. 10. Upon """1'1<1100 of Ill< project ccn.bu<fion, pcnn:intnt (enc;1111 clnltoytd llr disulltlcd by IJR'ICCt ............. 1Cd'li1los ~ b< ioszallcd by Ci-. • its --JC. ..... lb< ...... allpmall IDd .,,....,........ -or lhc: Gr.wot'• exisliug fe-. Gntnlee al its ~cd -<llll'k»ca ond invil«o agi<e 10 kc<p all &""' ;,, r...,.. d.....S ll all tim .. so dm CIJlic, hona tndlot athc1 tiv<SIOCI: loa1Cd OD the rcmeiftdtt ponioo t>fG-·s prvpcr1)' ~ -1 ft-cl1> Ibo foncod pl$1"""' l I. G<antte "111 mawain the plpc!ioe, ficllilics or wuccwa Uta! it iooulls oo lho .........,.., Eas<mcm l'"'IJ<'1Y. Qom« shall mainraiti the ,..,u.., of tbe Pmnaom. ~ l'ropc1T)I 001>' JO lhlt i11 cooditloa d<JtS not intederc in any inam><"r with the Jl'IJ>OlCS !Or "itlch the Ea.c:m<n• is <on\'eytd 12. Grentcc-that ofter it bas cxm:isod its rishtS 10 osc lhil Eaoctntn1 In ••Y m•m1<1" lllll diuwbs !ho surfooo oflll< Pamancm Eosemcn1 Propctty, ll wiU ttllore the surface lo tl>C COUl!llion Ill "hid> it wos ill pOor u> tbe use of I.his .F.:i.semcm: cucpt as tbe s.urfDeo may be pctmJ.f'ICttrly mvd1flc:d by tho lllC of chit Easetnen1. AlJy &w-face. arta uf d;e Teanporury Coos:ttuctiQft l!uccutnl Propc:ny I.bet i1 dtun11a.IXI Of" disrurbed during the consl.n.lction .shall be rcscorcd by &he Grnntcc In 11 reasonably 1lmfl:nr m11nntr to ht cundil ion immi!di•lel)' Jlft<'cdin,g Grantoo"s ~ ofth.i.s TCUlPJf111Y COC1$1rucdOt1 Boxroonl 10 the cs-101 1 1hn1 the surfM:C i.'i. not penn:m~l1Y modified by the use of th lJ cagcmcm . ll. GrantM shall fully defend, protect, il'\demnlfv •od hold Nrmltff Grantor ~M hb. tm1ployet...,. agents, heJrs, succcssor·s and aMigns rn>m and :igaJnst eadl g.nct CY'"V c;l.illm, demand, action, ea usa of 1ctlon or laMult and any llabllity. cost expense, damage or In~ (lnck1dlna envtronrnentll), rndud lns ottorney fees and'°"" costs, tllat may be assen..i against Grantor or Gronte• by ony th~d pany, lndud!na Gronroe's employees and q;ents, erisfn&. from or Ofl account or any operntloos, acts or omissions of Grante~ under t.,ls ag:n:ement.. 14. Gnsnl~ r.hall h.:ive 1he ri:,h1 to as5igl\ this ~nancnL eoJSC1ncn1. in \\hale or in part. to Ork or more 115.1isn= The p<OVUioos of this Ea-•~ indudil\aall bcocfl11 llud bur<la1>. !holl run with 111< land, 11to unti<Tilgntd """"°' lh:tt Ibey ore 1111tborfa..t ., ~"'"'"' lhJ. _m..,. Ott boh•tr of the p.mS.. to thi< •$f<Ct11•m. Oran1°' hcsdly b\nds himself. hi> h<ir<. tepl repno;<111l1Civos 011d ass~ 10 w11m1nt •nd '"""" clcf<nd •II encl singulor me above dc.ocrib<d .....,""',. Md "'11•>. "'"'' the .. Id Onu1i.:c, and OnmfCC'• -IJld ~ =£linSl evtty pcooo wbcMn_.., lowflllty cblmln;: 0t to clabn th~ Ame. Of my pAn ti'tcf'col. IS. Gnmor-no wmaotiesofooy-~ t11cputN--nl otO.-'• mu"'"I ri~ tlllc or intc=I. If 111y, lllcf<in. IA Ille rn:ai of• ~~ or pilltial fllllur< to sud> ..,.... ride or interat. Grlntot slt>P !IOI be liable for ..,y ~ cowed 10 Gtuttt, Gt1n"'° h>rin& rolic<I ,_, Its lletcnnioorion of ritJc poor-to lhc: cx«Woo o< Ibis .....,_.1 caocm<ni. fur\l\<f, Gront« dulll noc be ~IO rcM1I anypa~ClllS ~ poid byG-...1oultiu16'wl OJ17 cm>r ot d<f.a IA 0-• ricbB. ritl< or Ol(eresi. 16. Rcclanottioa. W'llh!D l1Q cbys after completion ofd>o imulbtloo of the plpolin ... ithin lho Rip· of-W1y, Ol"'1Y mainttnanceOf rtJl3il oflhepqxlint tk>t dlslwi>s tbutrfacca!the l'nlptrty, 0-ce lhall -'lff affttt<d area to its_.,..... pr...f\.i..t.occ l<lf'OtJophy, 10 the <XICCll inc<icobl&. 10 thlt Ill ~.~~'!il'llNIUfll.l~.lllr.:Mlflalr.:K&I~~ H IUI f:!M,~a!.ftt~c.-r.. Q~"31 1~rao co.~ co mer. -no pcnna!l<lll lnOWlds.. "°""' sinkl or "..,..,.., wl wll .......s All aach .,... with ·~•· natiYW: wgemrion ~ odtc:r seed t)'J:IC(s) sel«Ud by Grantor. in Gnntot"s JQ!o dbc:ttdon. Or.uucc WU 11*> be rt~ible tbr control1hig aU noxiot1:s weeds on the Ri9Ju.t\<-W•y ,.,,,;r th.o 1~1cr o( unc )"Ml'._,..,. the ittmination of the R.ia~f'-Wayor the comc>bion ofrm::.1 rocbmodoo. 17. No Olh<r Faclliti ... No<hins In this Asrcen1<nt sholl be rn11"'11Cd .. 1;n1111ing Ot11111co th• rigl1110 11111<0 any facil ities on tne PTUpcrty. of anyihin& a..ne:uh the sutra.:c of U•• Prctp<r1y no< expr .. sly provid«t for In this Al:'t'tm•nt. o«hcr than the pipclu1c 111 be inMalled in the Rlahr-<>(·Way ; provided, how•vcr. th1t Orontcc shall hove the right to instoll V<:nts. chemical lnjtt.10... pi£i1lnc facilities. locotion m.vkC1'J. and obovo gt0uod valVO$ if·~· for the opQr.Uion or and m11n1 .. wnc. ot any su<h 11ipcllno. Any other $U(facc and subsurface apponenances and facilities Gnmt .. l'i<h<s 10 lnuall may only be lo""' lied wit h the consent ofGrantor. J8 Ocfuult lfOrMiee tails te» ~pry with any or the obllge.tioos of thb /\ivc-eutcJll~ Onatucc·~ falJ&R. to comf!ly £hall constiruce -a de&ult ("'Dcfouh .. ). Orantor shall 1Pv. Of'lnttc wrtuen ootice dcscrU>ina Oraruec•s Oeftull. by cc:rtificd or ttg.istcn:d ma.ll. delivered 10 Onn\cc'a IM;kbos .et t'i.mh obovo. Ind Onnlce sl..U have ninely (90) da1,.fter O'tCeipt of the nocice to iwtody lh• Derault do<Tlbed thuem. 19. No Wamo11)' oFO.tlo. n,,. Agreement i1 made .W.Jeet to any end oil «itlk1a .__...., <Wtt..or. ,..y, tienJ, _..,.., bw:dco<, encu"'°'""""" mlricli<>M Md d<f«<• In title of ttall'd •tlk1m1 lhc: Propc:ny. °'1olR« doe> "°' iii any way wamat Of g""'111l1CC title M the l'ruptrty. -fl.. EXECUfEDthislf_dayofMay, 2011. CRA.NTOR By:~~rorLanyD.Kno~ STA TE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing i11s1rumcnt w·.is acknowledged before me ahis 1f:kr of May, 2() 11. by Michael D. Knox. Attoniey in Poet for La rry D. l<nox. My Commission expires: AUl!ust 30. 2012 lo-.o.~ LEGEND ~ P.08. P.O.C. POOi.iC LANO SVRITT CORNfR ~POINT POINT OF 9€CTHMHC POINT or OIOmG SEi..J/<El/.t ~3~'«/f <>-..-: L. ICN'J• S1ction JS I I j I I I .• I \. I •, f ,;l'.Jrl' *'""' » H1111·~·"'c. ~er " \WJNU.Vl.4 l&CftCIHIMMW 0,,,,.,. L. l(H()X ----------''----Section J -- ----------<-~-, -.,---------~ctitm 2 ... '"*' ~ ETC Canyon Pipeline LLC lll!A1WI BY: CJi IYASATOI SIJRV(Yll(C ASSOCIATES 906 >I.Alli STREET. EVA>iSTOH. wt 82930 307 789-4~5 EXHIBIT A SHEET 1 of 2 LEGAL DESCRIPTION A proposed pl!>"llne rlgt>l-ot-.vey 1-led ill Iha St/2 NE114 an</ lol 1 of Soc!lon 3, •nd Lot 4 •nd Ille SW114 NWl/4 of Section 2 T8S. R96W. 6TH P.M .. Gorfiold Cov11ty, Co/OladO. UH> C8flterllne or said right-cf.way b8ing"""" P<Jrlic<Ao11y d6wfbod as lotJows: Commencing •r tno NonhOaSI comer of srud S6ctiofl 3 and rvMbig lhenc. $89'22'5~. 1955,00 Met t1fnng the NO/th tine thereof, th•rk:4J SOO.,ro4·E 144 I .30 feet 10 tho POINT 01' BEGINNING: lhcnco N89'42'5'!"E. 104.14 /e8t t /MllC<I S71 '2ff4•E. 73.Z4 fH'- t/!enee NIJ9•14'21"E. 42121 feel, """"'• N89-oa·srE. 269.04 IHI: lhencc N89'28"06"E, 294.38 feet; thane• NOi "00'56'w, 107.92 (tie{ loo point lo be l<nolm .. ,...,,, A': lhclloo N88.5.<r04"E, 387.41 foot to a point lo be At10'M1 as 'Po/nl 8"; ,,,.,,.., N89'tl'33"E. 160.00feel to apcin!lobe kt>O'.m as 'Poi>/ C": 1""'1oo N89'15'1S"E, 244.57'""'taapoint1>'ill7 Off l'WI West n of $8ld ScctlOO 2. $a/d point /)(rl(I S00"03'0!1"W; 1352.85 feet from lhe Norli>w.., comer-. ll!enoe ~ NWfof5"E. 208.47 feet --·14sn:, ~·"'"" -N89'46'43'"E. 1911.32(MI; thmoo $69.69'35'£. 83.66 fc<'(; t1-• N89'47'34"E, 160.95 (Hf; thollC<I N86'46"53"E.. 93.23 ,_ U-N66'24'49"E, 34.116 fHt -NS1 •u·33'E, !xJ.26 (eel le> lf1e POINT OF ENO/NG. said pe>hf l)+IO Off li>oEestlinoofMldlol'. SU'S4'51"E. 1864.Mi-ltomlbel•l«l/W-- o/Mld-2. Seid carnatno 1>arg 3388114 feet ill IMg<ti. RIGHT·OF·WAY LENGTHS PROPERTY OWNER I SECTION FEET TOTAL I Sec. 2. Tes fl!J6W 1338.62 L KNOX I 3388.64 Sec. 3, Tes R96W 205Z.02 Total 3388.64 RIGHT·OF·WAY LIMITS BOX BASIS OF BEARING The bastl !>earing f()( this survey is N 89"45'46• E. 2603.67 foot between found monuments Al the Non/1west Comer and tho North Onit-Ouartcr C0tner of Seel/on 2, TBS, R96W. CERT/FICA TE OF SURVEYOR I, Ted Taggart of Fruita. Cclorndo hereby certify that this map was mado from notes taken during an actual survey made by me or under my dire<;Uon for ETC Canyon Pipeline LLC and that the results of which are correcity shown hef90n RoforQf\Co Poim Temporary Permanent FROM TO W0<1< Space Righi-al-Woy •eft Le ll P.O.B. POINT A 5' IS' POINT A POINT 9 15· 15' POINT B POINT C 35' 15' POINT C P.O.£. 15' l 15' ETC Canyon Pipeline LLC ORAWN BY: CJl WASAI01 S1Jl!'IEYiNC ASSOOAlES 906 MAI.~ SlREET, EVANSTON, wr 829JO .307 789 -4~5 Permanent lomporory Righi-of-Woy Work Spoee ._.Eight_ Rlghl IS' 15' rs· s· I S' s· IS' T PROPOSED 6 REPPO PIPELINE ACROSS L KNOX PROPERTY LOCATED IN SECTIOtlS 2 4t J, T8S, R96W, 6TH P.M. GA COi.JN COLO EXH!BlT A SHEET 2 o f 2 PROJECT: Ml' E AST ORCHARD TRACT Jl,lJMBER: 001 COUNTY: GARFIELD PERMANENT EA SEMl:NT AG REE MENT This Agreement. dated J/f!-fL ( C __ . 201J. 1s between Lurry D. Knox and Danna ti Kn~, (hereiaatler reforred to as "Grantor", whether one or more), and Grand River Oalhcring Comp:my, LLC. and its successors and assigns (suc h entity and its suCCCS$Ors and a:.signs arc collectively rcrerrcd to .is the "Gra ntee"). For the consideration of TEN AND Nn/100 Dollnrs ($1000) und 01lm guod anc.1 valuable cons1dera1ion, the receipt and sufficiency of wh ich arc hereby acknowledged, C.rdntor hereby ~nts, conveys unto Grantee a nonexclusive thiny fOQt (30') wide free and unobst ructed pcrma nem easement and a 1crn porary construcuon easement ;is described be low in order lo co nstruc t, operate and rnain1oi n one 24 inch or less pir elme in , over, through, ac ross. under. and a long la ud uw ned by th e Grantor desc ribed in the nnached Exhibit A . It Is fu nh cr agreed as lo llows: Th is pe rmanent easemen1 shall be thiny (30) fee t Ill wi dt h (the "Pcnnanent Ease ment l'ro peny"). Gr.lntec is also granted the right herein to utilize a temporary construc tion Cll~cmcn t fony five feet (45') in wid th adjoining the Per manent Eusc mcnt Property along with addit ional tempn rary art:a.' as may be requ1n:<l et road. creek, railroad crossings and m areas of difficu h topogr3phy the ('Tet11purary Consnvcnon Easement Propeny"). Gran tee's right to utilize the T~mporary ConstruC1ion Easem"1lt Propcny shall exp ire upon completion of construClion. 2. The nght 10 use this ci15Cment shall belong to the Grantee bnd ns ag~nts. cmp loyccs. designces. contractors. successors and assigns. and all those 3Ctin:; by or on behalf of 11 for 1hc purposes of "stablishtn{I. laying. constntcting. il\Slalli11g. operating. m3lntaJning. accessing, mspecung. patrolling, protecting. rcpoiring, D pipeline for lhe transport:!liOn Of Ool , gas and Olher 0uidS Or SUbSttlnCCS, Or any Of them, •nd the produc15 thcrrof. tO!:eth~r with above and below-ground appuncnances & may be n«essary or dcsiroblc for 1hr OfX'ralion of the pipeline. ov<r. across. under and upon the Permanent Easement Propcny. Gran tee sooll haw tile right of ingress and eycu over and across the fcmporary Con~truction Easement Prop<:ny to sun-cy. conduct reasonable and necessary cooscruc tion acuvitio, 10 reinovc '1ructu~ Md obj~ts located within the Temporary Con51ruc11on Easement Propcny. rhe term ol this Tcn1porary ConSlruGlion Easement shall be for a period to c~tend ~i~ (6) monl~ from the dale of conswcuon commencement. However. if Grantee has complelcd it5 use of this fcmpor.iry Consrructioo l>asement prior to the sbc (6) month period and so sl-'1« in writing. then the Tcmporury Cons1ruc1ton Ea....,ment shall immediately terminate 3. Grnntc.: shnll buve the rig ht lo select the exact loca11on of the pipeline within the Pc11nw1cnt Easement Prupcrty, Funher, Gra ntee shall have the right to construct, ma inmin a11d change slopes of cuts and fil l ~ 10 ensure proper lateral An d su bjacent suppon for and drainage for the pipeli ne nnd app uncnan t facili ties relate'<! to this pipeline project. Grantee sh all a lso huvc the right to have n rigor uf' en1ry :t nd access i11 , 10, through, on, ove r, under, an d across th e Perm~n e nt Easement Propcny for 1111 purposC!i necessary and at all ti mes convenien t ond necessary 10 exercise th e rights granted to it b y thi s Ease ment 4. Thu considcrnt ion pn id by Grantee to Grani or in this agreement . covers bm h pc nnunc nt und temporary c•scmcnu. conveyed by Gran tor and any and ull Jnmages 10 the Grnntor's remnining propmy. Mo,.cver. Gn1111cc wi ll pay Grnmor (or 1rlcased 10 Grantor's 1e11au 1) ror any damages cnusctl to livestock and growing crops duri n11 1hc periods o f the orit;inal consin1c1ion of the pipe li ne. S. Granlce will, in,ofar as practicnble, restore the ground disturbed by 1hr Grantee's use of the Permanent bdserncnt Propeny ~nd will construc t and maintain soil conservalion devices on the Pem1ancnt Easement l'ropcny as may be reasonably rcqui rC'd 10 prevent damage 10 the propeny of Gramor from soil etosion resulting from opcr•tions of Grantee he reunder Any rocks larger thnn twenty-four (24) inches excavated by Grantee shall be distribut~ and placed or disposed of by Grantee un the J'ropcny "" dirtctcd by Granter Grantee shall leave 1he surface as nearly as r~asonobly possible us it was prior to the constructio n or the pipeline and will restore all fences as nearly as possible to a~ good , or bencr. condi tion os !hey were prior to I~ construction of the pipeline . Grantee shall have the rig.ht 10 install mainlain and use gales 111 all fences wtuch now cross or sholl cross the easement or which provide access 10 Grantor's propeny. Gran1or 'hall allo'• Grantee lo inst•ll tis own lock if Grant cc"' chOO>Cs. 6 Gran101 may 11SC the Permanent Ease>n<'111 Propcny for any and all purposes not tnCOOSIStent w1lh the puJ'l'OSCS set forth in rhts Eascm<:nt. Granro<s tm:s rnay include but ~h~ll not be hmucd to using the rermantnt E4scmcnt Property for agrk"Ultural. open sp.rce. set-lxlilk. dens1t). street and ro;tdway purpose;. Grantor is pennmed, after rcv1.,w by Grantee. to consuuct any and all streets and roadways. at any angle o( not less than fony Jive (45) degre<'-' 10 Grani...,·s p1pcl inC$, acros.s 1he P<rmnncnt t:.ascmcnt Propc:n)' which do not damage, destroy or alter th~ operation or the pipeline and i~' appurtcnnnl focilitres Granter may al:;o cons1ruc1 and/or 1nsrnll water. sewer. ga:s, electric. cable 1 V, rckphonc ur oUocr utility Imes across the l'ennanent Easem~n1 Propeny m any angle of no t less than fony five (45) deg rees to Grantee's pipchnt. provided that ell of Grantee'~ required and applicable Splicings. includin& depth sepanuion limits and olhcr pro1ec 11ve requirements an: me t by Grantor. The use of the Pem1ancn1 Easemen t Pro~rty by Grantor shal l be regulated by nJJ appropriate ordinn nccs, n:gnlA tions, rcsol111ions or law• of the govcmn1c111~I entity with 50016 nu1hot11y over the Permane nt Eastmcnt Property. Granior must noufy Gramec 111 \Yrllmg betorc s1rec1s, roadw3ys. utilities or othercncroochmcnts art: instullcd. 7 Grantor ll\J)' no1 U$<e any pan of the Pcnnaneru Easc1n cnt Propcny tf such use may damage, des troy, injure, and/01 intcrrcn: with the Grantee's use of the Pcrmancni Easement Pro~rty for the purposes for which the permanent easement is being sought by Grantee Grantor is not perrniued 10 coDduct llllY oftbc following activities on the Permnn~nt Easement l'ropeny without the wriucn pcnni~sioo of Gro1111ec : (I) construct any 1cmpor;iry or permanent building or site improvements. other than streets and ro;ub; (2) drm oropemle any well; (3) remove soil or change the grade or s lope : (4) impound surfa ce wal er: or (S) plant Ire~ or londscap i11g. Gmntor fonher agrees that no above or below grou~d obs1ruc1io11 1ha1 may interfere with the purposes for which this Ease ment is bemg acq uirod may be pliu:cd. er•c1od, ins talled or permitted upon th<: Permanent Fas.:ment Propeny \\litl101111he wri1tcn permi ssio n of Cirantcc. In lhc event the 1crms of this paragraph nrc violated. such viol ation shall imn1c<l iatoly be climinotcd upon receipt of wriltcn ooticc li'om Gra ntee or Grantee s hall have the immediate right tu co rrect or climlnate such vlolauon ~l the sole expense of Grantor. Grantor shall promptly rcimb11rse Gran tee for u11y expense related 1hc1c1u. Oronlor further agrees that it will no t interforc in any mann er with the purpQses for which lhr Ea!l<'111e nt is ctuwcycd. 8. Grantee has the right to trim or cul down or eliminme trees or shrubbery to tho extcnl. in the sole judgment of Grantee, its successors and assigns , as may be necc•sary to prevent poss ible ln lcrforencc with the opcrn tion of the pipelines and to remove possible hnuird th ereto. nnd the right to remove or pr~ve111 thc construction or. ony and all build inr;s, strucnircs, reservol~ or oth er obsn uctlons on lh e Permanent Elt•c 111cnl Property which, in the sole Judgment of the Grantee, may endanger or interfere wnh lhe efficiency. safety, or convcniem opcratlon of the pipeline 3nd uppurt.nant facil ities . 9. Granto r sh311 retain all the oil, gas. and other minera ls in, on and under 1he Permanent Easement Propert)~ provided , however. that Granior shall not be pennincd 10 drill or operate ~ulpmen1 for the production or development of miner.ils on the Permanent Easement l'ro~ny, bu1 it will be permitted to cictracl the oil aDd oth er minerals from and under tlie Permanent E:>senicnt Prop<:rt) by d1r<:ctional dnllin g and other means. so long as such ac tivities do no• damage. destroy, inJure, a11dlor int<-rfcrc with th e Gr.tntee's use of the Pcnnancnt &uement ProP"ny for the purpo~s for "'hich the pcnnancnl easem ent is bc111g sought by Granioee. 10 Upo n completion of the projetl construction, ~rmancnt f<ncing destroyed or dismrbcd by project co11stroc1ion :imviti~ shall bc insralkd by Granttt. at it ~ sole c•pensc, along the s:ime alignment and approximate location of tile Grantor's c~is11ng fcnc:cs Grantee •nd •ts dcslgnutcd contrac1or11, employees and invitees agret to keep all gates in fences closed at all tlm(s si1 that canle, horses 3nd/or llther livestock located on the remamder portion of Grantor's property canno t Stray from 1hc fenced pastures. 11. Grnntce will mninlnin the pipeline, facilities or stn1ctures th a1 11 ms1 alls on the Permanent Easement P1'Upc ny. Grantor shall maintain the surfa ce or the Permnncnt Easement rropcrty only so lhat its condllion do es not intcrt'Crc in an y manner wilh 1he purposes for Which the £asc mem 1s convcycJ. 12. Grantee agrees tha t afkr it ltas ~xercistd its rights lo use this E~sc111ent in :my man ner thut di stu rbs the ~urfocc oflhe Permanent r:uscmclll l'ropeny. 11 wl ll restore tht surfa ce to th• co nditio n on which it was in prior ro the use of this Easeme nt except as rhe )'ltrfoce may be pe rmanen1 ly modilicd by the use of' this Eusemcn t. An y surface area of 1he Temporary Consiruc11on Easement Property thnt is demaged or distutbcd during. the cons truct ion shall be restored by lh c Grnn ree in 11 rcnsonobly si milnr manner to i1s co11dltio11 im1ned lately preccd ini; Grantee 's us e oflhis Tempora ry Cons1r11c lio11 Fasc111e11t to th e ciuen t 1het the s urfa~c 1s not pcrman~m l y modi lied by the use of thi s caset11cn1. 13. Grantee shall fully defend, protect, Indemn ify and hold harmless Granter and h is employees. age nts, he irs, successors and assigns from and against each and every tlalm, demand, ac11on, cau>e of action or la wsu lt and anv liability, cost, expense. damage or toss (lncludtng envlronmcntalJ, Including attorney fees and court cos ts .• that may be asserted aga inst Grantor or Gran tf!i! by any third parry. 111dudine Grantee's employees and agents, arising from or on account of anv o perahons, acts or omissions of Grant"" und..r this agreement. 14 Gramce shall have the right to assign this permanent casement, In whok or m part , to one or more ass1i;otcs. The provisions of this Ease me nt, including all benefits and burdens, shall run with the land The undc11igned warrant that they are auihorittd 10 execute this oi;rcemcnt on behalf or the panics 10 th is agrttment. Grantor hereby bin ds himself, his heirs. legal rcprcscf\lothcs and assigns 10 warrant bnd forever defend all and singular the above Jc>tribcJ cascmcnli and rights. umo the said Grantee, and Grantee's <Uccessors and assigns, ogainsl every pc:rson whomso~'Vcr law fully clai ming or 10 claim Ilic samo . or any part thereof. IS . GrMtOf inakcs no warranties of ony natun: conccm1ng the Jk'!nl>nc11t caRntent or Grantor's mineral ri_s.hts. uue or mt•rcst, If any. therein. In th( event or a \1holc or Jlilrtta l fail ure 10 such rights, ti ile or interest, Grunt or shalJ not be liable for any damages cau~ed to Grantee, Gran tee havin& relied upon its determination of title prior lo the execution of th fs permanent casement Further, Cirontor shall not be requlrctl lo return any payments pre vious ly paid by Gran tee resulting from any error or dc fect in Grantor's 1 ighl-'. 1itle o t intercs'l. 500 16 16. Rcclama1ion. Within 120 days after completion of the ins1alla11on of the pipeline wi1hin the Righ1- of-Way. or ~ny maintenance o r repair of IM pipchne that disturbs the surface of the Propcny, Grantee shall rC1torc any affect ed area to its approxima1c pre-disturbance topography, 10 the extent prncticable, so that there arc no permanent mounds, ridges, sinks or trenches. and shall re-seed all such areas \\ith appr0priare nauve vegetation or C>lhtr seed 1ypc(s) scle<:ted by Grantor, in GranLC>r's sole discrc1ion . Granite shall also be rc!ponsiblc for controlling all noxious weeds on the Right-of-Way un11I the late r or one year after 1hc 1erm1na1ion of lhe Righi-of-Way or the complelion of linal reclamation . 17. No Ocher facilities . Nolhing in lhis Agreemenl shall be construed as granung Crnniee the righ110 place any facilities 011 the Propcny. ofanyihing beneath 1he surface or 1he Propcny 001 expr.,ssly provi dl'd for in this Agreemcni. other 1han rhe pipeline 10 be insla lled in 1he Kigh1-of-Way: provided. however, that On1111cc shall have the right 10 in stall ven ts, chemical injcclor<, pigging rac1li11es. location markers, and above ground valves if necessary for the operation of anti main1enance of any such pipeline. /\ny oth er surfnceund subsurface appunenan ccs and facilities Grantee wis hes to Install may only be installed with 1he con~c111 of Gran tor. JS. Default. lfGram~c fails 10 comply with any ofihc obhga11ons of this /\grccmcnt, Grantee 's fai lure to comply shall constitute a defau lt (the "Defoull") Grantor shall give Grantee written notice describing Cramcc's Default, by ccnificd or registered mail, delivered to Ornn 1cc's uddrc:;s set fonh above, and Grantee shall have ninety (90) days after receip1 of the noiicc 10remedy1hc Default described therein . 19 No Warr.inly of Title This Agreement is 1mde subj~ to uny and all c~isting easeme111s. right-of- way , li<ns. agr1:ements, burdens. encumbranc•s. rcs1nc1ions :ind defects in 11tle affecting the Property . Grantor does not in any way warrant or guarantee utle 10 the Property EXECUTED this_LQdayof A,p,e1L . 2013. GRAl'iTOR ~ By:~~ ~/\Horney in F~or Larry D. Knox By: ~4~~ _,Michael 0. Knox, /\tlorney in Fac t ror Danmt B. Knox STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing ins1ntment was acknowledged before me this /C day of A/l~CL 2013. by Michael D. Knox . Attorney in f'acl for Larry D . Knox and Danna B. Knox . 500t6 ! E '"' : 30' WlDE PERMANENT EASEMENT CL LENGTH = 1.575' N00•54·03 •E (737.17 ' ~COLOllAN l'AMIL Y TRUST VOL. 836, PG . 150 O.R .G.C.C . TEMPOAARY CONS TRUCT ION EASEMENT SEl/4 NWl/4 SECTION 3 TOWNSHIP 8 SOUTH RANGE 96 WEST 6TH PRltt£ MERIDIAN LARRY 0. KNOX VOL. 2262 , PG. 602 VOL. 2562. PC . 725 O.R .M.C .C. SW COR. SEC. 3 N01·11·~9·( 2691.19. P 0 3• ff W/ SOVTH 1/4 COR. SEC. 3 -· C.9\ 3• BRASS CAP 3• ll'f" Vi l 3• ALUM . CAP ~ 588•12.'.3 L:i 'BLM 200 1 · v · -v---zs,4 .60' _ __._,,, I ·~ 1£11. OAlE DETAIL !N.T.S. I @JO'J~~~~ f.t~~r O .... ilC.C.C. CO!tRt:C1EO !IT R[C. No. 820776 OP.R.C.C.C. ® COUlllAOO-u TE tso· ESMY. &: R.O w_ ro;t TRA.'lSMISSION utl£ YOI,... 64~. PC. 671 l'(L 6~. PG. ll 7 O.R.C.C.C. ~<!~.Jl!;.!!l!ll!.. ~ .. 2) SlffAC( FAOUJY £4.SCMEHTS ~ ·~·. oC '.)I.ii O.R.C.C.C. ~c. Ho. ,, ,Z6<1 O.P.R.C.C.C. occ EASDIEHTS REwm f'OI QJDIT CCllllOO'S .ILS BY OESCRIPllON CHtt lARR'f 0. KNOX @•i:.o~': ;!JC:C:?r CO<JNT'I RO, .l06 © ~-'\~:'.''~l'1k 0 R.C.C.C. ® APPRQ)n~4 !£ LOCA I!ON Jlf PI PlUl<C £$>.IT \l()l. 1663. PC. JO 'IQ.. 16~l PC. 34 O.R.G.C.C. 0 ~~-cxo.uw '\::/ C .t UllJ CASCWC<T ~ 1?J4, PC. Ir.I P It.CC C. ~9'23 '44 • E 2648 .08' SECOR. SEC. 3 314 • IRf' W/3 • BRASS CAP "PLS 37997· MEDIUM PRCSSURt !'AST ORCHARD LARRY 0 . KNOX llO ' WIOE PEIOMNOIT (ASDolOCT GAA1lEl.O OOUllN, COLORADO ORAllN BY: DOC OAlE: 12-10-2012 OWG. NO. REV. ~ wa wt1i.& iliDmi'i&. 11c •.. ~-CK-.~ .... :-;~ .... ~ ... :..-~-:04-04----20-'-13 1 OF 2 EXH161T 'A' FIELD NOTES -DESCRIPTION - 30' WlDE PERMANENT EASEMENT • _,,. BEING A 30-FOOT WIDE TRACT OF LAND LOCAT!D IN THE SE~ NW 1/4 Of SECTIONJbo :E ;,,j TOWNSHIP 8 SOUTH RANCE 96 WEST 6TH PR IME MERIDIAN FlELD COUNTY COLO 3 SAID 30-FOOT WIDE STRIP BEING 20 'FEET LEFT AND 10 f:tEi RICHT OF THE ~OLLOWINC ' ~ 0£SCRlBED LINE: ~ COMt.IENCING AT A ;r IRON PIPE FOUND WITH A BRASS CAP STAMPED "BLM 2DD7", SAID ;:,:: :!! PIPE BEI NG THE SOlffifWEST CORNER Of SAID SECTION 3; ~ THENCE S 88"15'31 " E, 2614.60 FEET TO A 3" IRON PIPE FOUND WfTii AN ALUMINU M CAP STAMPED "BLM 2007", SAID PIPE BEING THE sourn 1/4 CORNER Of' SAID SECTION 3 ; ~ THENCE N on 1'49" E. 2691.19 FEET TO A z• IRON PIPE FOUND WITH AN Al.U t.llNUM CAP ~ STAMPED "PLS 168 42", SAID PIPE BEJNG THE CENTER 1/4 CORNER OF SAID SECTION J; _,,. THENCE N 88"53'49" W, 1306.53 FID TO A 364" IRON ROD FOUND WITH AN ALUMI NUM :g;., _...,,,., CAP STAMPED "PLS 37075", SAID IRON ROD B ING THE SOlJTHWEST CORNER OF THE ;;o.-~ .... SE1/4-NW1/4 OF SAID SECTION 3; ~. THENCE N 00'54'03" E, 737.17 FEIT TO TH E PLACE Of BEGINN ING; ~"i THENCE N 5 8'18'51 " E, 263.28 FEET; THENCE N 76'12'32" E, 121.65 FEET; --..... THENCE S 62'48'16" E, 281.80 FEET; THENCE S 69'51'13" E, 42.16 FEET; ii; THENCE S 74'45'12" E, 125.61 FEET; THENCE S 66'15'48" E. 303.56 FEET; • THENCE S 37'45'51" E, 45.10 F£ET; THENCE S 36'3 1'19" E, 255.92 FEET; THENCE S 39'08'20• E. 76.76 FEET; THENCE S 42'36'13" E. 58.57 FITT TO THE PLACE OF TER.IAINAllON. FROM WHICH THE CENTER 1/4-CORNER OF SAID SECTION 3 BEARS S 01 '12'13" W. 282.88 FEET; SAIO LI NE BEING l ,57 5 F£ET IN l.ENGTH . LIN( TABLE Lf\£ EIEAR t lG t>tST LI N58 '18 '51 'E 263.28 L2 N78'12 'J2'f: 121.65 L3 562 ''18 '16 '£; 281.00 L4 569'51'/J 'E 42.15 LS S74 '4S'l2 '£ 125.81 L6 S66 '15'48'f: JOJ ,56 L 7 537'45 ·s1 ·c 45.10 LB SJ6'31'19 'E: 255 .92 L9 SJ 9 '08'20'£ 76 .76 LIO 5 42 '36 '13 • E 58.57 tQlIS:_ (I) n.t PVRPOSC OIF THIS Pl.AT IS TO SHOW TH( LOCATION OF PROPOS(O P1PEut.£ COOERl."4: >MD l:AS£1.1£HTS. (2) 'MS Pl.AT IS HOT A eovt40AA"I' SURVEY. (3) AU. BEAAl«iS Ali( 8ASC> ON TH£ COt.ORAOO STAT£ PlANE ~oo Lie COORONoT£ S'ISltM. a:HT'RAI. ZONE 502. NORTH A¥ER1CAH OATUM 198l. Tli[ 8£AAlllG OF THC UN( BEmEH llESA COU1'TY SU&S MONWOIT ,_,q. ••••••• e-1-11697 (A STOltt Willi 3 SlASliES Ott ITS SOUTH r...c;c, ~ "X' CUT OH -~::,;.~,,. 115 NORTH uPPOI ~c AND I SLASH ON ns SOUTH FACE) NfO lll[SA COUHlY SMS .,.,._,MEHT Tl 6'19 (A 2· IRON PIPC WtTH A BRASS CM> --1 :~~08 • { SlAllPtO 'COUMlY SUIM:Y MARKtR Ii<>. 1409) IS S 3B'M'22' W. ~· •Ck'.' (4) Tt< ATT.ACHW EXHIBIT WAS PREP.ARCO ll!THOUT 8£N(TIT or " ~~ ~-04 ~o i CURR£NT Tiil£ <XM.a1\IEHT. ~··.. .··# (!>) THIS St#IYEY WAS 1AAOE ON THE CROUND ~ T1£ llONTHS OIF ~~ •••••••• c,'\S ;. AUCUST lMRU SCPmlllER. 2012 IMDCR fHE DIRECT SUPEJMSION OF :tft l~~ ~ HAROU> GAY. P.1..S. NO. Ja20a. - I (6) RUtR TO TH( ACCOllPAHl'M: OCHeT ATTA01£0 Ht:R£TO AMO llADE 5 I A PART lMEREOF. !! ~ A ~J~~~!:Y~~-[ I 4/3 OClC £.WllDltS RE't&D m aJEHT OCJAIE!ftS AlS ~ lllV. OAT[ BY D£SCAIPllON CHI<. llEDIUll PRESSURE EAST ORCHARD URRY 0. ICNOK 30' W1>E ~00 EASEMENT • LARRY 0. KNOX GAA/'10.0 COUNTY, C0U>RA00 ~ OR.1.11114 BY! OClC OA'lt: 12-10-20111 owe. NO. REV. !!l W\ WllWRa Aiicic~;.11. INC. OtEOOD BY: DATE: 04--04-20131 2 OF 2 1 2! SCALE: I '•eo' N'P.: I PIPELINE AND RIGHT OF WAY GRANT THIS GRANT OF .EASEMENT AND RlGHT OF WAY (the '"Grant") is entered into th is /.?7 day of £1u._.t , 20 14 (the "Effect ive Date''}, by and between Larry D. Knox and Danna B.nox, indi vidually, and as husband a n d wife, whose address is 12865 County Road 6820 , Montrose, CO 8140 l (''Grantor''), and Encana Oil & Gas (USA) lnc., v.1ith its address at 370 I i 11 Street, Suite 1700, Denver, CO 80202 (''Grantee''). Grantor and Grantee may each be referred to individually as a '"Party'" or col lect ive ly as the '·Parties.'' W H EREAS, t h e Part ies previous ly ente red into that certain Pi peline and R ight of Way Grant dated April 20, 2005, recorded as Reception No. 694326 i n the Publ ic Records of Garfield County. Colorado ("Original Grant"). covering t h e Lands as defined below. WHEREAS, th e Parties entered into that certain Pipeli ne and Right-of-Way Easement Termination Agreement dated r;;L._..., /0 , 2014, recorded as Reception No. <iLfloa=Jin the Public Records of Garfie ld County, Colorado. whereby they terminated the Original Grant and agreed to en te r into this new easement. WI IE REAS. Grantor now desires to Grant and Grantee now desires to accept a new easement covering the Lands as se t forth below. NOW THEREFORE, in consideratio n of the sum of ten dollars ($10.00) and other good and valuable consideration. t he receipt and s u fficiency of which is hereby acknowledged, the Parties agree as fo llows: l . G ra ntor does hereby grant and convey unto Grantee a non-exclusive easement and right-or: way to locate, lay, maintain. inspect, replace, e rect , resize, operate and remove one or more water p i pel ines and such d ri ps, valves, fittings, meters, and other equipment and appurtenances as may be necessary for the operation, over. through, upon. under and across the fo ll owing described lands (t he "Lands'') in Garfield County, Colorado: Township 8 South. Range 96 West. 61h P.M. Section 2: S/2NW/4 Section 3: S/2NE/4, SE/4NW/4 and as approximat ely described on ~xh i bit A. attached hereto and made a part h ereof. 2. The location of lhe easement and right-of-way granted is approximately describt:d on Exhibit A and is lifleen it!e t (15 ') on either side of the con slrucled pip eline as it runs th rough tht: above referenced lands ("Easement''); and in addition, Grantee shall have the right to use an additional temporary work space. which shall be an addit ional width of fitty-five feet (55') along the Easement for the c.onsideration stated above. T he additi onal temporary workspace shall in no case endure for a period in excess or one hundred e ighty (180) days from the dale hereof or the completion of ini tial installation, whichever period is the shorter. Grantee 1111 w.1~ .. ~~,J,~·~IVH ~irr,a, ~fllr~~~,l·~~·~~'~'lii·.·J, 11111 Reception~: 849680 0 5 1 3012014 11 :43 .32 A~ J e~n Albe rico 2 or 5 Rec re~.$31 .00 Doc Fee 0 00 GARF IELD COUNTY CO agrees that a n y pipeline installed shall be at a minimum depth of fo11y-cight inches (48") below the surface of the ground . 3. The Grant wi ll remain in full force and effect until one (I) year following the abandonment of the pipelines installed hereunder. 4. Grantee shall have all other rights and benefits necessary or convenient fo r the full enj oyment or use of the rights herein granted. 5. Granree hereby agrees th at if the above lands a re fenced, Grantee will install fences back to their original condition or better upon the premises. The Parties intend for this Grant to provide restricted access. 6. Grantor shall have the right to use and enjoy the above-described premises, subject to the right s herein granted. The Easement granted herein shaJ I be utilized for Grantee's oil and gas operations only and shall not be used for any other pu rpose. Grantor shall not interfere with or impair or permit others to interfere with or impair in any way the exercise of s uch rights therein granted to Grantee. and Grantor shall not build. construct, or permit to be built o r constructed, any structures or obstruction over the Easement. All pipelines constructed and maintained under the terms of this Grant shall be constructed and maintained to the standards establi shed by the Bureau o f Land Management at the time said pipeline is constructed or maintenance work is performed. 7. Grantor sh a ll protect, defend. indemnify and hold Grantee and its respective successors, assigns , representatives, agents and affiliates h armless from and against any and all claims, demands, losses. damages, actions and liabilities of every k ind, including but not limited to, damages to the ai rst rip built and used by Grantor (the .. AirstTip'') on the Lands, damages to other property, injury to and/or death of persons (including all losses therefrom to relatives and dependents). and attorneys' fees and court costs, in any manner caused by. directly or indirectly r esulting from, incident to, connected wi th or arising out of the ownership , in stall ation, use, maintenance, repair and continued operation of the Airstrip and/or the exercise of Grantor's rights on the Lands (coll ecti ve ly , the "Losses"). This Grant is a covenant running with the land and shall be binding upon the Parties hereto, their heirs, dcvisees, representatives, successors and assigns, and the rights, privileges and authorities herein granted shall be assignable together or separately in whole or in part . This instrument covers the entire agreement between the Parties. and no representation of statements, verbal or written, have been made modifying, adding to or changing the terms of this Grant. Page 2 of 3 Section 1445 Certification -Under penalties of perjury , the undersigned Grantors hereby certify that they are not a non-resident alien. foreign corporation. foreign partnership, foreign trust or foreign estate for purposes of U.S. income taxation. WITNESS the signatures of th e Grantors hereto, effective as of the Effective Date. ~~ Larry D. Knox. by Michael D. Knox , Attorney-in-fact ~~ Danna B. Knox, by Michael D. Knox, Attorney-in-fact ST A TE OF COLORADO couNTY OF btto/ A-el) ACKNOWLEDGEMENTS )ss: ) The fOJ'egoing instrument was acknowledged before me this /~±!J_ day of k 1'(4t1. , 2014, by Michael D. Knox, Attorney-in-fact for Lany D. Knox and Danna B. Knox, nown to be the persons described in and who executed the foregoing instrument, and who acknowledged to me that they executed the same. WITNESS my hand and Official Seal. JONATHAN WENTE NOTARY PU8LI C 8TA1E Of' COLORADO NOTAl'IY ID• 20134031234 l6'f COMMISSION EXPIRES JUNE 10 201 T MY COMMlSSlON EXPIRES: ~-10-17 No y Puhlic in and for said Stale and County Residing at:J/2. fo-.rJr; 5 {...'rd'-04kff-&o 'i!Vl..{ ~ I I Page 3of3 January 16. 2014 Larry D and Danna Knox CIO Michael Knox, Actorney-in-F act 1600 Airway Road Lebanon . Oregon. 97335 Re: Juniper Hills Proposed Airstnp Sections 2 and 3. Township 8 South. Range 96 West Garfield County. Colorado Dear Mr and Mrs Knox· --'-. The proposed Juniper Hills A1rstnp. as depicted on the attached Exhibit A. is located within twu hundred feet (200') of pipelines owned by Encana Oil & Gas (USA) Inc ("Encana") and Grand River Gathering, LLC ("GRG") (collectively . the "Pa rties") Encana's right to construct and operate these p1pehnes 1s memoralized in two Pipeline and Right-of-Way Agreements ("ROWs"). the first dated April 201 h. 2005 and recorded as reception number 694326. and the second dated September 15. 2010 and recorded as reception number 795002. with Correction ot Descript ion dated January 5. 2012 and recorded as reception number 820776, all recorded"' the Garfield County Cle rk's office Subsequently, Encana assigned a portion of these ROWs to GRG by Assignment. Conveyance and Bill of Sale dated effective October 27. 2011 and recorded as reception number 810054 in the Garfield County Clerk's office. The ROWs grant the Parties easements for certain purposes. 1nclud1ng. but nol limited to . constructing, installing, operatlng. maintaining and repairing pi pelines . .......,w....:...=;~_L,,_~---··---· Sub1ect to the terms of two new P1pellne and Rigl1t of Way Agreements dated _ v· _ _ 2014 . entered into between the Parties and Larry D and Danna Knox and replacing lhe Parties do not object to the Juniper Hills Airstr1µ Sincerely, Encana Oil & Gas (USA) Inc Rick W Smith Helen M . Capps Attomey-in ·facl Director -Rockies Operations •· I'• ' ••• ···: 11 11 '· 1111 ~J~ .. ,~,J~1 1\M'~rf/",.;~r , r,\,:w,n 1·~iH'f 1l•'~\ii1~i 11111 Reeeptlon~: 849680 05/3012014 1 1 :43 32 AM Jean Alberico 5 of E' Rec Fei;!'$31 .00 Ooc Fee 0 00 GARFIELD COUN TY CO <( r--__., co -;:::c x ~ ,. " ,. ' /'·. ! '· / ' I I PIPELINE AND RIGHT OF WAY GRANT T HTS GRANT OF EASEMENT AND RIGl IT OF WAY (th e "Grant'') is entered iJ1to th is ;p day of ~Ju~ , 2014 (th e "Effective Date''), by a nd between Lan-y D . Knox and Danna B. nox , ind ividuall y. and as husband and wife. whose address is 12865 Count y Road 6820, Montrose. CO 81401 ("Grant or"), and Encana Oil & Gas (USA) In c., w ith its address at 370 17'11 Street, Suite 1700, Denver, CO 80202 ("'G rantee''). Grantor a nd Grantee may each be referred to individually as a "Party,. or collectively as the "Parties." WHEREAS, the Parties previously e nt ered into that certain Right of Way Easem ent dated September 15 , 20 I 0, recorded as Reception No. 795002 in the Puhl ic Records of Garfield County. Colorado, as a mended by that certain Correction of Description in Pipeline Right-of- Way Agreement dated January 5 , 2012. recorded as Reception No. 820776 in the Public Records o f Garfield Count y (collectively, "Origi nal Grant"), covering the Lands as defined be l ow. WH E R EAS, the Parties entered into that certain Pipeline and Right-of-Way Easement Termination Agreement dated fZ ~ , 20 14, r ecorded as Reception No. StfiQ3'=7 in th e Public Records of Garfield Coun , Colorado, w hereby they terminated the Orig inal Grant a nd agreed to e nt e r into this new easement. WHEREAS, Grantor now desires to G rant a nd Grantee now desires to accept a new easement covering th e Lands as set forth below . NOW THEREFORE, in consideration of the sum of ten dollars ($10.00) and other good and val uable consideration, the receipt a nd sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grantor does hereby grant and convey unto Grant ee a permanent easement, thirty feet (30') in width (''Easeme nt''), for the purpose at any time and from time to ti me to lay, locate, con struct, maintain, in spect, a lter, repai r, operate, protect, change the size o f, replace, re locate. mark , remove and/or abandon in place, two (2) pipelines and appurtenances, e quipment and faci liti es useful or incidental thereto, including. but not limited to, valves , metering and corrosion control equi p ment, and any above-ground appurtenances, as may be necessary o r convenient. for the transportation of water and deri vati ves thereof a nd any other liquids o r s ub stances which can be transported through pipelines, upon and along a route to be selected by Grantee o n . over. across a nd through lands owned by Grantor . or in which Grantor has an inte rest, situated in Garfield Count y, State of Colorado, and described as the following (the "Lands"): Township 8 South, Range 96 West, 6111 P.M. Section 2: Lot 4, SW/4NW/4 Section 3: S/2N/2 and as approximately described on Exhibit A, attached hereto and m ade a part hereof. 2. In additio n to the Easement, Grantor gra nts to Grantee a forty-five foot (45 ') temporary easem ent adjacent to the Easement, for the purpose of enabl ing G rantee to initially con struct the pipelines. After the post-construction cleanup fo ll owin g the injtial pipeline construction, the Easement shall be li m ited to a strip thirty feet (30') wide as referenced above. The Easement, located on the Lands. will extend fifteen feet (I S-) on each side of the centerli ne of the pipelines as actually laid. 3. Grantor further grant s and conveys unto Grantee the right of unimpaired i ngress a nd egress u pon, over. across an d thro u g h the Lands including oth er Lands owned, leased or cla im ed by Grantor w h ich are a dj acent thereto or contiguous therewith for all purposes necessary or incidental to the exerci se of the righ t s herein granted, w ith the further right of entry to maintain t h e Easement clear of trees, undergrowth , brush , structures, and any other items, to t he exten t Grantee deem s n ecessary i n the exercise of th e rights granted herein. Grantee shall n ot be liable for damages cau sed by keeping sa id Easement clear of trees, undergrowth, brush, structures or an y other obstructions. 4. Grantee shall have all o ther rights and benefits necessary or con ven ient for the full enjoyment o r use of the rights herein granted. 5. Grantee hereby agrees t hat if the above lands are fenced. that Grantee will in stall fences back to their original condition o r better upon the premises. The Parties intend for thi s Grant to provide restricted access. 6. Grantor sh all have the right to use and enjoy the above-described p remises; provided, however. Grant or sh all n ot exercise such use and enjoyment in a m anner that will impair or interfere with t he exercise by Grantee of an y of the rights herein granted. Grantor agrees not to change the grade over the pipeline constructed herew1der and sha ll n ot build, create, con s truct. or permit to be bui lt , created, or constructed, any obstruct ion, building, lake, engi n eeri n g works or any other type of structure over or on said Easemen t. 7. Grantee agrees at the time of construction lo bury said pipelines to such depth as w ill Mt inte rfore wi th lands under c ulti vation, and i n accordance with applicable Federal and State regulations. Following installation of the pipelines, Grantee agrees to restore the ground as n earl y as is practicable to its conditi on prior to the i nstallation of the pipeline and in accordance with Federal regu lation s. 8. Grantee shall , at its sole expen se. keep the Lands free and clear of all liens and encumbrances resulting from Grantee's and its agents' act i vit ies o n the La n ds and shall indemnify and hold Page 2 of 4 1111 w,1~_.,·,tiz~1,~l'l'~~~~·1 ~r.\1&,'li~~r t~~ ... "'~~l 1 1i1•1~, 11111 Rcceptiontt : 849681 0513 012014 11 4 3 ·32 AM J ean Al ber100 3 of 6 Rec Fee $36 00 Doc Fee 0 00 GARF !El.O COUNTY CO harmless Grantor from and against any a nd aJI liens. claims, demands, costs and expenses, inc luding , without l imi tation , attorneys' fees and court costs, in connection w ith or arising out of any work done, labor performed or materials furnished with respect to or by Grantee and/or Grantee's agents. 9. Grantor shaJl prot ect , defend. indemnify and hold Grantee and its respective successors, assigns, representat ives, agents and affi li ates harmless from and against any a nd all claims. demands. losses, damages, actions and liabi li ties of every kind, including but not l imited to. damages to the airstrip built and used b y Grantor (the ''Airstrip") on t he Lands, damages to other property, injury to and/or death of perso n s (including all losses therefrom to relatives and dependents), and anorncys' fees and court costs, in any manner caused by, directly or indirectly resulting from , incident to, connected with or arising out of t he ownershi p , installation, use, mainte nance, repair and continued operation of the A irstrip an d /or the exerci se of Grantor's rights o n the Lands (collective l y, the "Losses"). TO HAVE AND TO HOLD unto Grantee, its s uccessors a nd assigns, so long as the right and Easement herein granted, or a ny of them shall be u sed by, or u seful to Grantee for the purposes herein granted a nd the provisions of thi s Grant arc to be considered a covenant running with the Lands and Grantor hereby binds thems elves, their heirs, executors and administrators, and their s uccessor s and assigns to warrant and forever defend this Grant unto the Grantee, its successor and assign s, again st every person whomever lawfully claiming to claim the same or any part thereof. The Grant m ay be transfcn-ed , leased or assigned, from t i me to ti m e , in whole or in part. It is agreed that any payment due hereunder may be made di rect to said Grantor or any one o f them (i r more than one). This instru ment covers the entire agreement between the Parties , and no representation of statements, verba l or written , have been made modifying, addin g to or changj ng tile terms of thi s Grant. Section 1445 Certification -Under penalt ies of pe~jury. the undersigned Grantors hereby certify that they are not a n on-resident alien, foreign corporation, foreign partnership, foreign trus t or foreign estat e for purposes of U.S. income taxation. WITNESS the sign atures of the Gra11to rs hereto , eftective as of the Effoct ive Date. GRA1;_~S/ / ~~~ Larry D. Knox, by Michael 0. Knox , Attorney-in-fact Danna B. Knox , by M ichael D. Knox, Attorney-in-fact Page3of 4 IHI W,1r.11'1t11f 1~·.r~r~ ,WJ• ,~.',11\~IU~IJ~li.·Jlt~kl 'M i 1,1/, 11111 Recepti onlt: 849681 05 130120 14 11 43 32 AM Je~n A l berico a of 6 Rec Fee $36 00 Doc Fee ·O 00 GARFIEl .O COllNTY CO ACKNOWLEDGEMENTS ST A TE OF COLORADO COUNTY OF &r/if.JJ . ) )ss: ) The foregoing instrument was acknowledged before me this /ot!J.-aay of ~t'iar~ , 2014, by Michael D. Knox , Attorney-in-fact for Larry D. Knox and Danna ~ox, kCown to be the persons described in and who executed the foregoing instrument, and who acknowledged to me that they executed the same. WJTNESS mv hand and Official Seal. JONATHAN WENTE NOTARY PUB LIC STATE OF COLORADO NOTARY 10 fl 2013 .. 035234 MY COMMISSION EXPIRES JUNE 10. 2017 MY COMMISSION EXl'IRES: [p-ftJ--(1 Not Public in and for said State and County Residing at: )b-~j¥iS ~/r-tfe, ~a.XilftCC> 9fteJ../ Page 4of4 llll W.1 ~ .. ,~\1~4t Hi', l''ir\ ~Yt\i~ilJt11WA"'1 W"~J ~\i11~ 11 11 1 Re~eption~: 849681 OS I J0/2014 11 43 .32 AM Jean Alber100 '! <>f 6 RftC· Fee ~36 00 Doc F"ee 0 OIJ GARI': !ELD COttNT" CO Janu ary 16 , 2014 Larry 0 . and Danna Knox CIO Michael Knox. A~lorney -in -Facl 1600 Airway Road Lebanon .Oregon ,97335 Re: Juniper Hills Proposed Airstrip Sections 2 and 3 , Township 8 South , Range 96 West Garfield County . Colorado Dear Mr and Mrs . Knox The proposed Juniper Hills A1rstnp, as depicted on the attached Exhibit A , 1s localed w1th11\ rwo hundred feel (200') of pipelines owned by Encana Oil & Gas (USA) Inc. ("Encana") and Grand River Gathering, LLC ("GRG') (collectively. the "Parties") Encana·s right to construct and operate these pipehnes is rnemoralized in two Pipeline and Right-of-Way Agreements ("ROWs"). the first dated April 201 ~. 2005 and recorded as reception number 694326. and the second dated September 15, 2010 and reco rded as reception number 795002. with Correction of Descnplton dated January 5. 2012 and recorded as reception number 820776. all recorded 1n the Garfield County Cle rk's office. Subsequently. Encana assigned a portion of these ROWs to GRG by Assignmerit, Conveyance and 8111 of Sale dated effective October 27 . 2011 and rer.orded as reception number 810054 1n the Garfield County Clerk's office. The ROWs grant the Parties easements for certain pu rposes. including . bul not limited to , constructing. installing, operating. maintaining and repairing pipelines Subject to the terms of two new Pipeline and Right of Way Agreements dated ....L:""°"r....:...:i::=t.-4-..:.../_IJ._~_"f.I_ . 2014 . entered into between the Parties and Larry D and Danna Knox and replacing the Parties do not object to the Juniper Hills Airstrip Sincerely, Encana Oil & Gas (USA) Inc Helen M Ca pps Attorney-in-fact 1• I• "l • 11 ' •• 1111 ! 70 1 /\h \.t1 1-.'t ~11111· 110(1 o~"""' 1 n HLI J\I.' t1"'' 1,,.,_a :"<> to,;. Gran«!_~i~er Gath~ring, L C / ------~ ·~ ., -'7-• ...-;", -'h _ / ,?.---:>-1 .!<.;L/,,r,;,. Rick W Smith Director -Rocki es Operations ·~\ .•. , -·-. ~...._._~·· . ' : . i t _____ ..... ---··~---·--·--·----- ·~-.. _..., • l i~ Ii !~ . i . :~eCOl,'U0d 'J'irtls . 4 19.5~ ii \::-~:10 ~>.'t:: •.. .. ·,.:,r;c·e~;-,t, !:(Hf i~o: •. ·;.01777 ·Gn&S ·~. a-. ·!(eegan~: jte.cq·rd~ -BJ::Lo~. 309 ·Page' 177 4-102a (&•pC..1954} cro10~~0 014357 Ql:lre 11tuit:eik ~tnt~!l nf .Auterlrn Q:o nll ta ml1om tl7cse prrsruts s11ttll rnmc, <6rerting: \\'HEHRAS, a Certificate of t.he La11d Office at Danver, Colorado,, is 111111· clt•po!'\ite'l in tho Tiul'cnu of Land Management, whereby it appca>.'S that full payment has lircn maclt• h~r lhl! claimant Gustave L· 1r.orrls, arcorcling to the pro\'isions of Chapte1· 7, Title 32 of the Re\"lsed Statutes of the United States and legislation st1pplemcntal thereto, for the following desc1·ibed land: Sixth Princi;Qal. l-1eridia.n, Colorado. T. 8 s., R. 96 :-1., Sec. 3, Lot J., S$·T~. Tae e.rea described contalns 80.26 acres, uccol'ding to the Official Plat of the Survey of the said Land, on file in the Bureau of Land Management ~ Now KNOW YE, That the UNITED STATES OF AMERICA, in conside1:atjon Of the pl~ises, and in confol'iiiity with the several Acts of Congress in such case made and provided, HAS GIVEN AND Gr.ANTED, and by these presents DOES GIVE AND GRANT unto the said claimant and to the heirs of the said claimant the tract above descl'ibed; To HAVE AND To HOLD the same, together with all the rights, lll'ivilcges, immunities, and appurtenances, of whatsoeve1· nature, therettnto belonging, tmto the said claimant And to the heirs and assigns of the said claimant forever; subject to any vested .md accrued water rights fo1· mining, agricultural, manufacturing, 01· other purposes, and rights to dit..aes and i·csci·voirs used b1 connection with such watei: rights, as may be recognized and acknowledged by the local customs, laws, and .decisions of courts; and there is rese1-ved from the lands hereby granted, a right;..of-way thCl·con for ditches or carutls constructed by the autho1·ity of the 'C!nited sta.te.s . zxcepting nn.C. reserving, a1so, to the United states, all. the oil and gas ill the lands s-o patented, anc'!. to it OJ;' persons authorized by it, the right to pros- pect Zor, mine, and remove such deposits from. the S8Cle u:pon COJ'!Ulll.ance '1'1ith the conditiOIUl and subject to the provisions and li:mita.t~ons of tite Act of J\U.y 17, ; 914 (38 atat. 509). This entry is. made under Section 29 of the !~ct of February 25, 1920 (41 Stat . 437) and the Act of March 4, l.933 (47 Stat. 157C), and the :£!s.tent ia issued sub.~ect to the rights of prior permittees or lessees -:::o use so .:l;.tcl! ot the surface of said lands as is required for mining opera-tions, without c~ensa.tion to the patentee for d.al:!.a..o-es resul.ting froi!i ;proper W.ning operations. LSEAlJ IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of Land 1\fanagement, in accol'dance with the provisions of the Act of June 17, 1948 (62 Stat., 476), has, in the name of the United States, caused these Iettel'S to be made Patent, and the Seal of the Dureau to be hereunto affixed. GIVEN undel' my hand, in the Disti:ict of Columbia, the :iSIGHT3EN'l'H day of AP:a~ in the year of our Lord one thousand nine hundred and Fn!2Y""1:IGE.T and of the Independence of the United States the one hundl·ed and EIOHTY-SECC..~- For the Dh-ectot, Bureau of Land lfana.gement . . , By --·· ~.,,.;L..""J:t-1.<.._./~--·-·- Cliitf, Patl!'tli8 Sutfo11. ·!rook 29 Page 40 . :i:ec.orc.ec. Aug j .• , .. ~bU J},.~<;.~I?.t..~.9.tl-NR. 21os52 .at 11:45 A. ~ • Chas. S. Keegan, Recorder .._, EASEMENT TIDS INSTRUMENT, Made this / .3-';r-# day of ~~·h"~~-------• in the year of our Lord one thousa:nd nine hundred and. __ --'8"-'i=xt==-~,_r ________ ,, between Dean M. F'JlQX_,~.,..· .... ld...._ __ ~vrtle Knox of the County of Garfield. , and State of Colorado , of the first part, and PUBLIC SERVICE COMPANY OF COLORADO, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, party of the second part; t1 WITNESSETH, That the said part ie8 of the first part, for and~in Olljideration of the sum of o _bq,e. ~JD.e.e/) C?z.w &x=nt .&1D _L/.00 -Dollars, g ~ ~ ! ta the said part ies of the first part in hand paid by the. said party of the second part, the receipt whereof ls hereby ;. confessed and acknowledged, have granted, bargained, sold and conveyed and by these presents do __ grant, 2: bargain, sell, convey and confirm unto the said party of tl:ie second part, its successors and assigns forever, an: o easement for the construction, reconstruction, operation and maintenance of conductors for the transmission of ~· electricity, together with the necessary-poles, towers, crossarms, cables, wires, guys, supports, and other fixtures and devices, used or useful i!.i:t_th~.pperation of e~ftric ti:ansmission lines, throu_8'h, on, over and across the follow~ ,,·\ ~ ing described lands, to-wit:SiqS~ Section ;><t, Township 7 South, l:iot No. 2, Lot No. ;5 '\l and the SE1;Nwt Se ction ;, TO'Wilship 8 South all in ·Range 96 West, of the 6th I~ Principal Meridian, Oounty ·or Garfield, State of Colorado. More. particularly I~ described a.s follows: .A rig~t of' way 100 feet wide, 50 feet on each~ side of e. "l\ center line beginning at. a point on the Ea.at boundary line of the SW,tSE'i of' said \l Section 34, whence the Southeast corner of Section~ bears S.74°28 1 '6aE. 1579 feet; then~e s.55cro1•04 11 w. ;52;4 feet more. or· less to the West bpundary line of said SE-t;NW'l of said Section ;. Together with the right of ingress and egress over said premises to survey construct reconstruct maintain operate, control and use said lines and to remove objects or structures therefrom. ' ' ' . The gra~t?;d'... reserve_ the right to. cultiyate ~d use safd ;premises for any purpose consistent with the nghts and pnv1leges ab?ve grant~ and which will not mtel:"fere with or· endanger the grantee's facilities thereon, the use or any of the rights herem granted. Such reservation by the grantor shall not include the right to erect or place any s~ructure~ _or objects. upon the ea;;ement herein granted. In case the permanent abandonment of said easement, all right, pnv1lege and interest herem granted shall end, cea.Se and determine. The wo:k of installing, maintaining and reconstructing its facilities shall be done with care and all damage to the premises caused thereby shall be paid for or repaired at the expense of the grantee. ' J.'J;ie provisions of this easeme!J.t shall be binding upon and shall inure to the benefit of the heirs executors admrmstrators, successors and assigns of the parties hereto. ' ' Signed and delivered this Lr# day of ~de . A.. D. 19 t5o. In the Presence of -·~:· ~~~~:)iiJ;:;;, ...................................................................... ... . ,,.,.· · .. -~.~ ._ ;--r;A·~·;:·";,.~-:-~~----··--··· ... ···· ...................................................... -.. .. ~ .~ .. /?i:::._ ~ .. '. (SEAL) /v,,!J~ 1/~ .. .J ... /¥..(.... ··· . .. .......... ,.j.~ .......... (SEAL) "' . ' I td : to I '<: : IU i 0~ l ~~ JsE1 I iv~ f} , ·l i : ! en: ' I ' : . : l 1~: . . ' ' • J : -I 1 ,. ? ' ' : . : i e _~ .-....: ·~ ~~: ! }-~ t , ' ' ~i : . i ~i ~ tj: ~ i : ~' 0 . i s::; a,: _,...: (\): '~: :'!! . : : . . . ... ~ ~ ~I "' I ! ! STATE OF COLORADO, 1 . • GARFIELD ~SS • .............. : .......................... c9._ "'TY OF ......•....... _ ................................................................ J E m ~ rn z -t Book 329 Page 441 The foregoing instrtim~i. .. · before me this ................. 5:th .............. day of .................. ~ .... July. ............................... . 19 .. 9.Q., b:Y.__ .. :·:·~: .• J. • .:Q~.~ .. ~~!:!'.~.~ .......................................................................................................................................................................... . . , Witness my hand and; official seal. Mv Cor-~;:1j~:~h e~~ire..§ August 23, 1961 l\1:y comm~ssiofi et{pi~es;:, .... , ............................................................... .. I < \ \ .......................................... Jd~-:(. .. e ..... !e .. :~J.!.4,_~.C: Notary Public . -~~.~~~--~~~.·~~--~~~~~~:~:::.~~~~~:~~~~~--~~:::::::::::::::::::::::::::::::::~::::::::::::: .............................. ..}SS , The foregoing instrument was acknowledged before me this ........................................ day of ............................. _ ................................ , 19 ........ , by ....................................................................................................................................................................................................................... . Witness my hand and official seal. My commission expires ........................................................................ .. Nota1·y Public .................... ~~~~~c::~o~~::: .................. } ss. The foregoing instrument was acknowledged before me this .......... -................... day of ........................................................................ .. 19 ........ , by ............................................ : ...................................................................................................... as ........................................ President and .............................................................................................. -........................................ -·-·······-···············as .......................................... Secretary of ................................................................................................................................................................................................................. a corporation. Witness .my ha.nd and official seal My commission expires .............................................. _ ....... · Landlltte· OUARA"J'Tff COMPA.l'lra"Y -\1~ IJ.I - Customer Distribution Our Order Number: GW63012102 Date: 07-19-2017 Property Address: TBD LARRY KNOX SUBDIVISION EXEMPTION NO 3, PARACHUTE, CO 81635 For Title Assistance TITLE DEPARTMENT 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) glenwoodresponse@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner LARRY D. KNOX Delivered via: Electronic Mail SURVCO, INC Attention: SAMUEL PHELPS PO BOX 2782 GLENWOOD SPRINGS, CO 81602 970-379-7399 (phone) 970-945-5945 (work) survco@gmail.com Delivered via: Electronic Mail LandTltle· -\ • I - Land Title Guarantee Company Estimate of Title Fees Order Number: GW63012102 Date: 07-19-2017 Property Address: TBD LARRY KNOX SUBDIVISION EXEMPTION NO 3, PARACHUTE , co 81635 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: LARRY D. KNOX Visit Land Title 's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment If Land Titl e Guarant ee Company will be closi ng this transaction, the fees listed above will be collected at closi ng. Total THANK YOU FOR YOUR ORDER! $211.00 $211.00 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63012102 Customer Ref-Loan No.: Property Address: TBD LARRY KNOX S UBDIV ISION EXE M PTION NO 3, PARACHUTE, CO 81635 1. Effective Date : 06-23-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TB D" Commitment Proposed Insured: A BUYER TO BE DET E RMIN ED $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE S IMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LARRY D. KNOX 5. The Land referred to in this Commitment is described as follows: TOWNSHI P 6 SOUTH. RANGE 96 WEST S ECTION 3: S E1/4NW1/4 COU NT Y OF GARFI ELD STATE O F CO LORADO Copyright 2006-2017 American Land Title Association. All Righ ts Reserved -A.MU.ICAN IA.ND 11ru ~\()('t.ATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date * of use. Al l other uses are pro hi bited. Reprinted under license from the American Land Title Association. Order Number: GW63012102 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 1. RELEASE OF DEED OF TRUST DATED FEBRUARY 06, 1998 FROM LARRY D. KNOX AND MYRTLE I. KNOX TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF MARK H. SACKETT TO SECURE THE SUM OF $25,000.00 RECORDED MARCH 30, 1998, UNDER RECEPTION NO. 522640. SUBRODINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 08, 2013 UNDER RECEPTION NO. 836032. Order Number: GW63012102 Old Republic National Title Insurance Company Schedule B -2 (Exceptions) The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8 . RIGHT OF THE PROPRIETOR OF A VEI N OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR I NTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 04, 1958 UNDER RECEPTION NO. 201777 . 9. TERMS, CONDITI ONS AND PROVISIONS OF EASEMENT RECORDED AUGUST 03, 1960 AT RECEPTION NO. 210852. 10. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JULY 08, 1965 AT RECEPTIO N NO. 230641. 11. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT-OF-WAY EASEMENT RECORDED APRIL 05, 1979 AT RECEPTION NO. 293192 AND EASEMENT RECORDED NOVEMBER 4, 1981 UNDER RECEPTION NO. 321069. 12. T ERMS , CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 07, 1984 AT RECEPTION NO. 355475. 13. TERMS, CONDITI ONS AND PROVISIONS OF AGREEMENT RECORDED JULY 19, 1999 AT RECEPTION NO. 548944. 14. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY EASEMENT RECORDED JULY 19, 1999 AT RECEPTION NO. 548945 AND EASEMENT RECORDED JULY 19, 1999 UNDER Order Number: GW63012102 Old Republic National Title I nsurance Company Schedule B-2 (Exceptions) The policy or pol i cies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: RECEPTION NO. 548946 , AND EASEMENT RECORDED AUGUST 4 , 2003 UNDER RECEPTION NO. 633263. 15. TERMS , CONDITIONS AND PROVISIONS OF PIPELINE AND RIGHT OF WAY GRANT RECORDED DECEMBER 09, 2004 AT RECEPTION NO. 664859. 16. TERMS , CONDITIONS AND PROVISIONS OF PIPELINE AND RIGHT OF WAY GRANT RECORDED DECEMBER 29, 2004AT RECEPTION NO. 666041. 17. TERMS , CONDITI ONS AND PROVISIONS OF PIPELINE AND RIGHT OF WAY GRANT RECORDED FEBRUARY 15, 2005 AT RECEPTION NO. 668696. 18. TERMS, CONDITIONS AND PROVISIONS OF SURFACE FACILITY GRANT RECORDED MARCH 20, 2006 AT RECEPTION NO . 694315 , AND GRANT RECORDED MARCH 20 , 2006 UNDER RECEPTION NO. 694316, AND AFFI DAVIT RECORDED AUGUST 14, 2009 UNDER RECEPTION NO. 773260. 19. TERMS, CONDITIONS AND PROVISIONS OF RIGHTS OF WAY EASEMENT GRANT RECORDED JANUARY 25, 2008 AT RECEPTION NO . 741841. 20. ALL OIL , GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED FEBRUARY 23, 2009, UNDER RECEPTION NO. 763570 AND DEED RECORDED MARCH 22. 2010 783573, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 21. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JULY 23 , 2009 AT RECEPTION NO. 771936 AND RE-RECORDED JULY 28 , 2009 UNDER RECEPTION NO. 772187. 22. TERMS, CONDITIONS AND PROVI SIONS OF AFFIDAV IT OF SURFACE FACILITIES RECORDED AUGUST 14, 2009 AT RECEPTION NO. 773260. 23. TERMS. CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED NOVEMBER 30, 2010 AT RECEPTION NO. 795002, AND CORRECTION AGREEMENT RECORDED JUNE 29, 2012 UNDER RECEPTION NO. 820776. 24 . TERMS, CONDITIONS AND PROVISIONS OF PERMANENT EASEMENT RECORDED JULY 05 , 2011 AT RECEPTION NO. 804755. 25 . TERMS , CONDITIONS AND PROVISIONS OF PERMANENT EASEMENT AGREEMENT RECORDED JUNE 25, 2013 AT RECEPTION NO. 837165. 26. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE AND RIGHT OF WAY GRANT RECORDED MAY 30, 2014 AT RECEPTION NO. 849680 AND GRANT RECORDED MAY 30, 2014 UNDER RECEPTION NO. 849681. Land Title ·-., 11 ( •\.•;" ..,, -\('11 IJI .. _ JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information "). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; .,. a consumer reporting agency, it such information is provided to us in connection with your transaction; and .,. the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you . .,. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion . .,. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. .. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. we also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example , when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY Land Title· DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer"s authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners . the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and re corder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "'Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Trtle Policy and the Lenders Policy when issued. Note: Affirmative mechanic"s lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule 8-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium . E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule 8-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-l-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance. and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. * * Commitment to Insure ALTA Commitment-2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation. (Company) for a valuable consideration. commits to issue its policy or policies of title insurance, as identified in Sctledule A, in favor of the Proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and ctlarges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, wh ichever first occurs, provided that the fai lure to issue such policy or policies is not the fault of the Company. CONDITIONS ANO STIPULAT IONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed. or other security instrument. 2 . If the proposed Insured has or acquires actual knowledge of any defect, lien , encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by th is Commitment other than those shown in Schedule B hereof. and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by fai lu re to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company; or if the Company otherwise acquires actual knowledge of any such defect, lien. encumbrance , aclverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not rel ieve the Company from liability previously incurred pursuant to paragraph 3 of these Cond itions and Stipulations. 3. Liability of the Company under this Commitment shal l be only 10 the named proposed Insured and such parties Included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requiremenrs hereof or (b) to eliminate exceptions shown in Schedule B. or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liabi lity is subject to the insuring provisions and the conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a pan of this Commitment except as expressly modified herein. 4 . This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the fOllOWing: 1. 2. 3. 4. 5. Rights or claims of parties in possession not shown by the Publ ic Records. Easements, or claim s of easements, not shown by the Pubri c Records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any tacts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. Any lien, or right to a lien, tor services. labor or material theretofore or hereafter furnisl1ed, imposed by law and not shown by the Public Records. Defects. liens. encumbrances. adverse claims or other matters, if any. created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insu red acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREO F, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its du ly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or othe r authorized signatory, Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 \ / ,,,--. -- )_/.... ,-:_:-I ~ -)_ John E. F1 eyer. Jr Plesident Old Republic Nationa l Title Insurance Company a Stock Company 400 Second Avenue south Minneapolis, Minnesota 55401 (612)371-11ll ~ -M ar~i~ P reside nt RanO•Y••g•r Secretory A~~ LA NO THIE ASSOCIATI ON Land Title GUllRANTE.E COMPllNY WWW 4 LTGC .COM INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 Reference LARRY D KNOX LARRY D KNOX 1050 JUNIPER HILLS DR PARACHUTE, CO 81635 Your Reference Number: TBD Commitment -63012102 Our Order Number: GWS-4918 Invoice Number: GWS-4918 Order Number: 63012102 Our Customer Number: 73195.1 Invoice Requested by : LARRY D KNOX Invoice (Process) Date: July 19, 2017 Transac tion Invoiced By: Web SeNices Email Address : invoicing@ltgc.com Date: July 19, 2017 Property Address: TBD LARRY KNOX SUBDIVISION EXEMPTION NO 3 PARACHUTE 81635 Buyer/Borrower: A Buyer To Be Determin ed Invoice Charges Service: TBD Commitment Ref: 63012102 Addr: TBD LARRY KNOX SUBDIVISION EXEMPTION NO 3 Party : LARRY D. KNOX Total Amount Invoiced: Less Payment(s): Balance Due : Due and Payable upon receipt $211 .00 $211.00 $0.00 $211.00 Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS-4918 on your Payment Page 1 lnvoice.odt 14420 0712015 07130/i3 U:06:43AM COLORADO Div ision of Wa ter Re source s Department of Natural Resources ORIGINAL PERMIT APPLICANT(S) LARRY KNOX WELL PERMIT NUMBER RECEIPT NUMBER APPROVED WE LL LOCATION Water Division : 5 Designated Basin: Management District: County: Parcel Name: Water District: 45 N/A N/A GARFIELD N/A 306598- 9504265 SE 1/4NW1/4 Section 3 Township 8.0 S Range 96.0 W Sixth P.M. Well to be constructed on specified t ract of land PERMIT TO CONSTRUCT A NEW WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF AP PROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3 )(b }(ll)(A) as the only well on a tract of land of 40.00 acres described as the SE 1I4 of the NW 1/4, Sec. 3, Twp. 8 S, Rng. 96 W, S P.M ., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1} acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) Pursuant to Rule 6.2.3 of the Water Well Construction Rules , the well construction contractor shall submit the as-built well location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location . The location information must include a GPS location (UTM coordinates) pursuant to the Division of Water Resources· guidelines. NOTE: Notice was sent pursuant to HB 09-1303 regarding 600 foot spacing water well to oil and gas well. NOT E: Expired permit rios . 226456 and 263332 were previously 1ssued for this tract of land. NOTE: Parcel Identification Number (PIN): 23-2447-032-00-065 NOTE: Assessor Tax Schedule Number: R270542 NOTE: This permit will expire on the expiration date unless the well is constructed by that date. A Well Construction and Yield Estimate Report (GWS -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at: http://www.water.state.co.us Issued By DWIGHT WHITEHEAD Date Issued: 8/18/2017 Expiration Date: 8/18/2019 Printed 08-18-2017 For ques t io ns abou t this permit call 303 .866.3581 or go to www.water.state.co.us Page 1 of 1 OFFICE OF THE STATE ENGINEER, STA TE OF COLORADO NOTICE OF A PERMIT TO CONSTRUCT NEW RESIDENTIAL WATER WELL IN Tl fE MATIER OF A PERMIT TO CONSTRUCT A RESIDENTIAL WATER WELL WlTHIN 600 FEET OF AN OIL AND GAS WELL CERTIFICATE MAIL OPERA TOR NAME: COGCC API NO. WELL NAME: APPLICANTS: RECEIPT NO. PERMIT NO. PROPOSED LOCATION: 7006 3450 000143082807 ENCANA OIL & GAS CUSA), INC -#100185 ATTN: JULIA CARTER 37017TH ST STE 1700 DENVER , CO 80202-5632 05 -045-11759, 05-045-11760, 05 -045-11763 & 05-045-14892 COLOHAN 3-12 (OE3), COLOHAN 3-11 (OE3), COLOHAN 3-5 (OE3) & COLOHAN FEDERAL 3-6 (OE3) LARRY KNOX 9504265 306598 SE% NW '14 Sec 3 , Twp 8 South, Rng 96 West, 6 1h P.M. Tax no. R270542, Garfield County On August 18, 2017, water well permit number 306598 was issued to Larry Knox (copy of permil enclosed). Pursuant to House Bill 09-1303, notice of a proposed water well to serve an individual site, with a pumping rate not to exceed 15 GPM, has been _ sent to all recorded owners (operators) of oil and gas wells within 600 feet of the proposed water well. Water well permit no. 306598 may be located within 600 feet of the Colohan Wells being located in the SW \l.t of the NW 'A Sec 3, Twp 8 South, Rng 9 West, 6th P .M., Colorado Oil and Gas Conservation Commission API Number(s) noted above, 60perator name, EN CANA OIL & GAS CUSA), INC -#100185. No fu11her action or response is required on your part. Please call me at (970) 945-5665 ext 5011 if you have any questions regarding this matter. Encls cc: permit file, file no. 306598 Larry Knox CERTIFICATE OF SERVICE Dated August 18, 2017 By: Dwight M. Whitehead , Engineering Tech (Ground Water) l hereby certify that l have duly served the NOTICE OF A PERMIT TO CONSTRUCT A NEW RESIDENTIAL WELL upon all parties herein by depositing copies of the same in the United States mail, postage prepaid, at, Glenwood Springs, Colorado, ~ this 18th day of August, 2017 , addressed as follows: ENCANA OIL & GAS {USA), INC -#100185 ATTN: JULlA CARTER 370 l 7TH ST STE 1700 DENVER , CO 80202-563 2 Form No . GWS-07 07/2016 STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 1313 Sherman St., Ste 821, Denver, Colorado 80203 (303) 866-3581 EXEMPT INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. The well permit number is located in the upper right hand corner of the permit, and the expiration date is located in the lower right hand corner. THE WELL PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. Evidence of well construction must be received on appropriate form PRIOR TO THE EXPIRATION DATE OF THE PERMIT. The required form is the Well Construction and Test Report (Form No. GWS-31). The expiration date of the permit may be extended one year at a time for good cause shown. at the discretion of the State Engineer. If an extension of time is necessary to construct the well, the owner must file a written request for the extension. The request must be received by the State Engineer prior to the expiration date. The request must state why the well has not been constructed , and must include an estimate of time required to construct the well. Water well construction and pump installation contractors are licensed in Colorado to perform these specialized tasks . It is illegal for individuals who do not hold these licenses to construct wells and install pumping equipment in or on wells. The well must be constructed and pumping equipment installed by contractors with current license(s) is sued by the State of Colorado unless exempted as described on the reverse side. Please ask to see their license(s). Backhoe Operators and Licensed Plumbers may or may not hold the respective Well Construction and/or Pump Installation licenses. Please be aware of this when you contract to construct the well and install pumping equipment. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. Keep a copy of this permit for your records. The official digital image of the permit is on file in the Denver office Records Section . You may view or print the entire permit file using our online well permit search too l: http://www.dwr.state.co.us/WellPermitSearch/ Hard copies of permit documents may be obtained from our Records Section for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Form number GWS-11 is used both by new owners to report ownership changes and current owners to report address changes. If you have questions, contact the Ground Water Information Desk at (303) 866-3587, or the Division Office in the area where your well is located. Division 1 Division 2 Division 3 Division 4 810 9111 St., Ste. 200 310 E. Abriendo Ave Ste B 301 Murphy Drive 2730 Commercial Way (physica l) Greeley, CO 80631 Pueblo , CO 81004 Alamosa, CO 81101 Montrose, CO 81401 (970) 352-8712 (719) 542-3368 (719) 589-6683 P.O . Box 456 Zip 81402 (mailing) Fax: (970) 392-1816 Fax: (719) 544-0800 Fax: (719) 589-6685 (970) 249-6622 Fax: (970) 249-8728 Division 5 Division 6 202 Center Drive (physical) 505 Anglers Dr. Suite 101 (physical) Division 7 Denver Office Glenwood Spgs., CO 81601 Steamboat Spgs , CO 80487 160 Rockpoint Dr Ste E 1313 Sherman St., Ste 821 P.O. Box 396 Zip 81602 P.O . Box 773450 Zip 80477 Durango, CO 81301 Denver, CO 80203 (mailing) (mailing) (970) 247-1845 (303) 866-3581 (970) 945-5665 (970) 879-0272 Fax: (970) 259-0944 No Fax Fax: (970) 945-8741 Call First Fax : (970) 879-1070 Larry Knox Subdivision Exemption No . 3 Situated in the SE1/4NW1/4 Section3, Township 8 South, Range 96 West of the 6th P.M. County of Garfield. State of Colorado Well Share Agreement Between Lot No . 1 and Lot No. 2 This Agreement will constitute the Legal and Mechanical sharing of the well drilled under Well Permit Number 306598, Receipt Number 9504265 issued to Larry Knox on 08/18/2017, between the 2 lots created by the Public/County Road Split Exemption (File No. RSEA-07-17- 8564). The well will be located as designated on the Plat Map on Lot No. 1. The well is Limited to not More than 3 Homes, Fire protection, Domestic livestock watering and 1 Acre of Irrigation (Gardening). The Well is limited to a Maximum flow rate of 15 GPM, however there is no method of telling until after production what the flow rate will be. The division will be considered 3 Shares, with the consideration of the limit of 3 Homes. The surface usage will follow as 3 equal Shares to be used only in the manner approved by the permit. There will be a pressure tank and pump station located at the Wellhead. The maintenance cost and upkeep as well as necessary upgrading, if needed, will be Shared equal, following the Shares of Well ownership. The waterlines will depart the Wellhead Pump station as 2 separate Hnes, one following the Easement on the Plat thru the existing Sleeve to lot No. 2. This line from the Well head out will be the sole responsibility of the Owner of Lot No. 2. The owner of Lot No. 2 will have the legal right to access the property of lot No. 1 for any needed Inspection or maintenance of said line and the facilities servicing the line. The Well and Pump Station shall be Maintained in a safe and usable manner at all times for the use and pleasure of all owners and the cost shall be Shared equally as to the Shares owned by each party. If any party refuses to adequately maintain the facility the other shall have the right to perform the maintenance with his best judgment and require the other to pay his share of the repair or installation. Upon the Approval of this Exemption, Two (2) Shares shall be Retained by lot No. 1 and One (1) Share Shall become the property of Lot No. 2. As all Shares are attached to homes, If the owner of Lot No. 1 decides not to build a second house and lot No. 2 wants to build a second home, lot No.1 can at his discretion sell the 2nd Share to Lot No. 2, otherwise the Shares will be Permanently Attached to the lots as designated. Drawn and Si ~nd Exemption Requester, Larry D. Knox · 08/27/2017 Certificate of Dedication and Ownership: The undersigned, Larry D. Knox being the sole owner in fee simple of all that real property situat~d in Garfield County, Co.:...orado, described as follows: The SE1/4NW1/4 of Section 3, Township 8 South, Range 96 West o= the 6th, P.M. containing 40.457 acres, more or less, have by these presents laid out and p.:...atted the same a ·s shown on this Plat under the name and style of Larry Knox Exemption Plat No. 3, an Exemption Pl 'at of .:...ands in the County of Garfield. The Owners do hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public =arever, and hereby dedicate(s) to the Owners of the Lots within this subdivision exemption those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not :i~ited to, electric lines, gas lines and telephone lines, together with the right to trim inte~fering trees and brush, with perpetual right of ingress and egress for insta:lation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Gar=ield. Owner:. Larry D. Knox Address: 950 Juniper Hills Drive Parachute, CO. 81635 STATE OF ~~~~~~~~~~~~) ~~~~~~~~~~~~> COUNTY OF : SS The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A. D., 20 , by Larry D. Knox. ------------ My commission expires: Witness my hand and 0£7f~i_c_i~a-1~-s-e-a~l-.-------------------- Notary Public. County Commissioner's Certificate: Based upon the review and recommendation of Gai:::field County Director of Cotnmunity Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Exemption Plat this day of , A.D., 2017, for filing with the Clerk and Recorder of Garfield ~c~o_u_n_t~y--and for conveyance to the County of the pub:ic dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifical:y agreed to by the Board of County Commissioner.s by separate resolution. Chairnlan, Board of County Couunissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: County Clerk County Surveyor's Certificate: Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DA.TED this day of , A..D., 20 Garfield County Surveyor Certificate of Taxes Paid: I, the undersigned, do hereby certify that the entire a~ount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat ·are paid in ful:. ---------~ DATED this ---day o.f , A.D., 2:) • Treasurer of Garfield County Title Certificate: I, an attorney lice·nsed to p ·ractice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this 'Plat and that ':'itle ·to such lands is vested in Larry D. Knox =ree and clear of al: liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this Sheet 1 of 2 day of-------------' A.D., 20 TITLE COMPANY: --------------------------~ Agent OR Attorney Colorado Attorney Registration No. Jote : ._ul y '12, 2~r1 7 Client: Larry l"Z1ox 1 edp 09/05/2017 Add ~itle excepticne '·ll', BY C1\TE ~EVSlur·J _,ESLRIFTC~·J EXEMPTION PLAT Larry Knox Subdivison Exemption No. 3 SITUATED IN THE SEJ/4NWl/4 SECTION 3, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO "Exemption Lot No. 1 Legal Description:" A tract of land being situated in the SE1/4NW1/4 of Section 3, Township 8 South, Range 86 West of the 6th P.M., County of Garfield, State of Colorado, said tract of land lying Northeasterly of the centerline of Garfield County Road No. 306 as located by survey on July 7th, 2017, said tract of land being described by metes and bounds as fo.=_lows: Beginning at the Northeast corner of said SE1/4NW1/4, said point being monumented with a 3-1/4" aluminum cap on a No. 6 rebar, PLS No. 27613; thence along the North line of said SE1/4NW1/4 N.88a21 1 24"W. 1235.63 feet to the centerline of said Garfield County Road No. 306, thence along said centerline the following twelve (12) courses: 1) S.04°13'49"E. 90.68 feet; 2) 164.59 feet. along the arc of a curve to the left having a radius of 196.84 feet, a central angle of' 47a54 1 28 11 and sub-tending a chord which bears S.28°11 1 03nE. 159.84 :::eet; 3) S.52'08'17"E. 138 .. 86 feet; 4) 76.39 feet along the arc 0£ a curve to the left having a radius .of 504.12 ::eet, a central angle of 08a40 1 54" and sub-tending a chord which bears S.56"28'44"E. 76.31 feet; 5) S.60°49'11"8. 271.43 feet; 6) 88.09 feet along the arc of a curve to the :e:::t having a radius o::: 332.17 feet, a central angle of 15all'43" and sub-tending a chord which bears S.58°25'03"E. 87.84 feet; 7) S.76'00'55"E. 107.62 feet; 8) 1'23. 28' along the arc of a curve to the right having a radius of 4 92. 2 9 ::eet, a central angle of 14a20 1 55" and sub-tending a chord which bears S.68ci50 1 27nE, 122.96 :feet; 9) S.61°39' 59"E. 91. 71 feet; 10) 157.56 feet along the arc of a curve to the right having a radius of 332.78 feet, a central angle of 27°07 1 39 11 and sub-tending a chord which bears S.48°06'10nE. 156.09 =eet; 11) S.34°32'21"E. 246.90 feet; 12) 93.03 feet along the arc of a curve to the left having a radius of 146.26 feet, a central angle of 36a26 1 40" and sub-tending a chord which bears S.52°45 1 40nE. 91.47 feet to a point on the East line of said SE1/4NW1/4; thence along said East line N.01°54'47nE. 965.32 feet to the Point of Beginning. Containing 14.745 acres as described herein. "Exemption Lot No. 2 Legal Description:" A tract of· land being situated in the SE1/4NW1/4 of Section 3, Township 8 South, Range 86 West of the 6th P.M., County of Garfield, State of Colorado, s~id tract of land lying Southwesterly of the centerline of Garfield County Road No. 306 as located by survey on July 7th, 2017, sa,id tract of· land being described by metes and bounds as fo:lows: Beginning at the Northwest corner of said SE1/4NW1/4, said point being monumented with a 3-1/4" alwninum cap on a No. 6 rebar, PLS No. 37075; thence along the North line of said SE1/4NW.l/4 S.88°21'24"E. 78.30 feet to the centerline of said Garfield County Road No. 306, thence along said centerline the following twelve (12) courses: 1) S.04°13'49"E. 90.68 feet; 2) 164.59 feet. along the arc of a curve to the left having a radius of 196.84 feet, a central angle of 47°54 1 28 11 and sub-tending a chord which bea,rs S.28°11 1 03nE. 159.84 :::eet; 3) S.52'08'17"E. 138.86 feet; 4) 76.39 feet along the arc of a curve to the left having a radius of' 504.12 ::eet, a central angle ot 08a40'54" and sub-tending a chord which bears S.56°28'44"E. 76.31 feet; 5) S.60°49'11"E. 271.43 feet; 6) 8 8. 09 feet along the. arc of a curve to the :e:::t having a radius a:: 332 .17 feet, a central angle of 15°11'43" and sub-tending a chord which bears S.68°25'03"E. 87.84 feet; 7) S.76°00'55"E. 107.62 feet; 8) 123. 28' along the arc of a curve to the right having a radius of 4 92. 2 9 =eet, a c .entral angle of 14a20 1 55" and. sub-tending a chord which bears S.68°50 1 27nE. 122.96 :::eet; 9) S.61'39'59"E. 91.71 feet; 10) 157 .56 feet along the arc of a curve to the right having a ra,dius of '332. 78 feet, a centra':L angle of' 27°07 1 39" and sub-tending a chord which bears S.48°06'10nE. 156.09 =eet; 11) S.34°32'2l"E. 246.90 feet; 12) 93.03 feet along the arc of a curve to the left having a radius of 146.26 feet, a central angle of 36"'26 1 40" and sub-tending a chord which bears S.52"'45'40nE. 91.47 feet to a point on the East line of said SE1/4NW1/4; thence along said East line s.01ci54i47nE. 381.63 feet to the Center 1/4 corner of said Section 3, said point being rr.onwnented with a 3-1/4" aluminum cap in a 1-1/2" iron pipe, PL~ No. 15710, tl1ence along the South line of said SE1/4NW1/4 N.88°11'22"W. 1306.53 feet to the Center-West 1/16 corner o::: said Section 2, said point being monumented with a 3-1/4 11 aluminum cap on a No. 6 rebar, PLS No. 37075; thence along the West line of said SE1/4NW.l/4 N.Ola35'53"E. 1343.12 feet to the Point of Beginning. Containing 25.712 acres as described herein. County Required Plat Notes: 1) No open hearth solid-fuel fireplaces wil: be allowed anywhere within the subdivision exemption. One (1) new sblid-=uel burning stove as defined by C.R.S. 25-7-401 et. seq. , and the regulation promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 2) All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall be directed inward, and downw~rd towards the interior of each subdivision exemption lot, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 3) Foundations and individual sewage disposal systems shall be engineered by a Prqfessional Engineer licensed within the State of Colorado. 4) Colorado is a 11 Right to Farm" state pursuant to C.R.S. 35-3-10::_ et. seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a norma: and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may percieve such activities, sights, sounds, smells 011ly as an inconvenience, eyesore, noise and odor .. However, State Law and County Policy provide that ranching, farming and other agricultural activities ond operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, rr.ud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure and the application by spraying or otherwise of chemical fertilizers, soil amendrr.ents, herbicides and pesticides, any one or more of which may natural~y occur as a part of a legal and non-negligent agricultural operations. 5) All owners of land, whether ranch or residence, have obligations under State Law and County Regulations with regard to the maintenance of fences and irrigation ditches, control of weeds, keeping livestock and pets under control, using property in accordance with zoning and other aspects of usi.ng and ma±ntain.ing property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such inforrr.ation is a 11 Guide to Rural Living and Sma:l Scale Agriculturen put out. by the Colorado State University Extension Office in Garfield County. 6) Control of noxious weeds is the responsibility of the property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. 7) The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural r .esource extraction on ·the property by the mineral estate owner {s) or lessee(s). 8) No future division will be allowed via subdivision exerr.ption. 9) Mineral rights of record being retained by the US Government per patent recorded ·as Reception No. 201777. Surveyor's Certificate: I, Samuel D. Phelps, do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of the nLarry Knox Subdivision Exemption No. 3", as laid out, platted, dedicated and shown hereon~ that such Plat was made =ram an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of the "Larry Knox Subdivision Exemption No . .3'i as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this day of , A.:C., 20 . -------------------- Samuel D. Phelps Colorado Licensed Professional Land Surveyor No. 27613 For and on behalf of SurvCo, Inc. A Colorado Corporation NOTICE: {In accordance with C.R.S. 13-80-105) According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years frorr. the date of certification shown hereon. Surveyor's Notes: 1) This survey does not represent a title search by this land surveyor or survey company to determine easements or other encumbrances of record. As per client request all information pertaining to ownership, easements or other encumbrances of record has been taken from a title insurance commitment issued by Land Title Guarantee Company, title insurance commitment order no. GW63012102, effective date June 23, 2017 at 5:00 P.M. a) Title Exception Nos. 1 throuh 7 are standard exceptions. b) Title Exception No. 8: According the US Patent as recorded under Reception No. 201777 this property is subject to mineral reservations and US Patent rights for ditches or canals as contructed under the authority of the United States. c) Title Exception No. 9: plotted and shown hereon. d) Title Exception No. 10: plotted and shown hereon. e) Title Exception No. 11: does not affect the subject property. f) Title Exception No. 12: plotted and sl1own hereon. g) Title Exception No. 13: does not affect the subject property. h) Title Exception No. 14: Reception Nos. 548945 and 548946 do not ·a£fect the subject property. Reception No. 633263 plotted and shown hereon. i) Title j) Title k) Title 1) Title m) Title No .• 15: plotted and shown hereon. No. 16: does not affect the subject property. No .. 17: plotted and shown hereon. No. 18: plotted and shown hereon. No. 19: does not affect the subject property. n) Title Exception Exception Exception Exception Exception Exception No. 20: This property is subject to mineral right reservations and any assignments thereof as evidenced by document recorded under Rec . No. 763570. o) Title E:xception No. 21: does not affect the subject property. p) Title Exception No. 22: p1otted and shown hereon. q) Title Exception No. 23: plotted and shown hereon. r) Title Exception No. 24: does not affect the subject property. s) Title Exception No. 25: plotted and shown hereon. t) Title Exception No. 26: does not affect the subject property. 2) This survey is based on the following documents: a) 1891 USGLO survey of TBS, R96W of the 6th P.M. b) Monumentation being found in place as indicated hereon. c) US Patent -Reception No. 201777 d) Warranty Deed -Reception No. 206663 e) Various documents of record as noted hereon. 3) Bearings as shown hereon are Colorado Central Zone grid and are based on a RTK-GPS observed bearing of N.01°54'47"E. for the line between the North and Center 1/4 corners of Section 3. Monumentation being found in the field as indicated hereon. 4) All linear units of measurement as shown hereon are in US Survey feet. 5) This plat has been prepared pursuant tq client request as an nExemption Plat" per Garfield County requirements and complies with C.R.S. 38-51-102(7) and is not represented to be an "Improvement Survey p.=_at" or nimprovement Location Certificate" of the subject property. 6) Date of field survey: July 07, 2017. 7) Date of final monumentation: TBD, '2017. 8) PURPOSE STATEMEN~: This plat has been prepared pursuant to client request to create legally subdivided lots as indicated hereon puI:suan,t to C.R. S 38-51-'102 (7) and 30-28-101 (10) (d). Clerk and Recorder's certificate: This Pl·at was filed for record .in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock , on this day of , ---~ ------------------------- 20 ______ , and is duly recorded as Reception No. _________________ . Clerk and Recorder By: ------------------- Deputy SurvCo, Inc. Professional Land Surveying Services "Serving Western Colorado since 1991" 8 _?0--1 ? C1-c:inrl A\/CnlJC ~ost Of~ice 3ox 2782 Glenwood Springs, CC 81602-2782 Phur1e: (970) 9 L 5-594~ Err ·cil. ~ur vc:u@cdrr1uil .cc.:irr1 Sheet 2 of 2 NW Car. Section 3 ~ Found 3-1/4" Alum. ~ Cap on No. 6 rebar 1 PLS No. 26595 West 1/4 Cor. Sec. Found 3-1/4" BLM Alum. Cap on 2-1/2" Alum. Pipe. I ~Ir;; "'I l< "' ~ ~ ~ :il I I 3~ N88"31'23''W --1321.39' Lot 4 T I I ~I!! ~,!ii ~~ :il I N88"31'23"W W1F Lot3 NWl/4 SEFTION 3 S88"21'24"E iltJ.93'-- NW l/16th cor./ Section 3. Found 3-1/4" Alum. Cap on No. 6 rebar PLS No. 37075 SW1/4NW1/4 S88°21'24"E 1313.93' Centerline Co. Rd. /No. 306 Lot 1 Lot SE1/4NW1/4 C/W l/16th cor. Section 3. North 1/4 Cor. Found L 3-1/4" Alum. Cap on "r\ No. 6 rebar, PLS No. I I ... _~,ill "' ~ ~ ~1~ ~ ~ ~ I I C/N l/16th cor. Section 3. Found 3-1/4" Alum. Cap on No. 6 rebar PLS No. 27613 888°11 122 "E -1306.53'- Found 3-1/4" ) Alum. Cap on No. 6 rebar / PLS No. 37075 --':1~~~~~N~~~~l~¥,2;·'W~~~~~ 1306.53' Sectional Control Diagram NWl/4 Section 3, T.8 S., R. 96 W. 6th P.M. Scale: l" = 500' Center l/'4 corner Section 3. Found 3-1/4" Alum. cap in 1-1/2" iron pipe PLS No. 15710 10 8°07'00" w 1 08°06'00 " w WGSB 4 1os0 o s•oo" W z '. , 108 °07'00" W ™f/MN r 10}~0 Client: Larry Knox Drawn By: S. Phelps ounty Jr " z 1 08°06'00" w WGSB 4 108°05'00" w ~'~==~==~~'"'==~==~==! M l!E j) um ~~fl 0 f.00 l ~ MEHflS .... E3.... ........ ................................ Frllited from TOPO I ©::!ODO Wildflowe1 Produc tions (wwv1_topo.con1) Vicinity Map l" = 2000' Dote: July 12, 2017 .dwg file : 97 036 033 r,o. BY DATE REVISIOfJ DESCRIPTlOfJ 1 ac1p 0~/05/2017 Ac1c1 title axceptiona Job rfo .: 97.036 EXEMPTION PLAT Larry Knox Subdivison Exemption No. 3 SITUATED IN THE SEl/4NWl/4 SECTION 3, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6TH P.M. 27613 COUNTY OF GARFIELD, STATE OF COLORADO "Point of Beginning Lot NW l/16th cor. Section 3. Found 3-1/4" Alum. Cap on No. 6 rebar PLS No. 37075 ~~~~ ~!=~~~~~ Transmi\:3,i:; ,,....-'/"< Rec. No. 210852 ,,> .r '\_; 150' Electric Transmission 2 11 fl' / Overhead Electrical/ '\S' Line Easement ) II / ><'o /---------------Transmission Lini'! (s) / / C: Rec. No. 355475 11 ,, /~ /"X 0 0 11 / / 0 / , :11 ,, / /' / ~ , 4'? / / / 7, / \ ~~"Ju'1~~~~~::::~/~/~~/-;~/~~:::"~,..::~::~0~0:-;;...::::::-'--::--::~/---7".._~/-:;,....:...:/~~~~\./c.~~~~~~~~~~~·~·~p==~·=========~~·~~·~~==~====·~·~~~ LI / / N88°21' "W 01Il 0 eg1nn1ng 0 ~ C/N !/16th cor. / / / / ,, / ,, / 1)35.63' ". Section 3. / / / / Found 3-1/4" / )&/ / / __,,./ Alum. Cap on /'"" / ,,....-Centerline of 30' wide pipeline). ---------------No. 6 rebar / / / / / " / // and Right of Way easement ---------PLS No. 27613 ~ / / Rec. Nos. 795002/820776 ___ ------------------- / ---------------- / / --/ / / ,,... _ .... ----------... ....---------/ / / X / / L...... _ .... ---.... ------------------- / ~:...; / / ~:-/' :~~~~;~~~~~~~~~~~:::: ____________ _ /\V / _,./;:/"' ,,,'' \__ Cente~line of 30' wide pipeline / ,/ / ,' and Right of Way easement / ,' / ,' Rec. No. 694326 ,' / ,' ' , ,, '' (site 2) ' Tanks and gas risers indicates R ,,' / ~ 't 'S..l ' , apparent location of surface// ,-rf si e )<"''(, ',, ,' Existing Access facilities grant(s-). Rec. /-/ 11 3 i~_...,.1 cy ,X,_ /'for Lot 1 Nos. 694315/694316/773260,/ / il / R (7--.~ '... X_ _.--11 Q;-, ... , .......... (T=Tank/R=Riser locations) / 11 ~:I"" ,' ...... ' -... E .XEMPTION LOT No. / C/W l/16th cor. / / 11 / , ... ..., ~/ 11 / d .......... .\'..-_ .......... 14.745 Acre1 / '' /il / ... .;."W'lo.,.,. -... ... / 11 / ' :.?7, 7-1');: .......... / // // :\le'\.. -~-----._________ '"-... :t.<J, ... ,, 11 / G"-9-_ .... --~-----.__________ ' "-... A .,.-------'.""~ G "-....., ... .., .,..,. Ce.lJ't ,-----._________ .......... ... ...... / .. ··-' ' -/ \\ ---.!'~~.=---=c-'?.__--=c-_--:.o:-_ .sS/l]e;~.:(~";;-"':.... G -... ... , ----............ ?~~r -v~~>-~"' • "·!~""';?:::"~ ............ ........,.C3~6°flo,ss:;----............... _,. '-'" o ""'~"" G -... "1·62• ... .., / ~ 4' "" ' ,, ,_ ~' ...... '-~ • 83-<-e-0..' ~-----~ .............. .,..,.... ~~ 7l6,$""'.fJ"';;-~ ---......... _ o; ' ~ Utility pole w/trans. ...... '-'"\'-'.fJt ...... --....... ~ ,, -:::-------..,;>--Ci .... _ ~ ........ ----""---------._____--e::::o_-____ __ :C ................ _~ ................ !f~.9• ... ........_ \ E~isting. ov~rhead utility -----------~W...J:ign ---~ ...... ....._ .11_,·"i~".it ''-.....¥ line(~) indicates. apparent ---co------------~-:::-:__--~ .......... ~-"...~location of 30' wide esmt. --"=-----==--~a:t ""~-------._______ ........... '...___ ~~ec. No. 633263 --==----e~a:l ........ _~ ' ~~, ' ----==---.......... G "" <. ' --==--~--:::-:____c.=o-_----___~-:::--~ ... ~ ""'-, cy. ',, '~ r;;::,r;;::,' SE1/4NW1/4 -----=~-:'.;-~~,.:.__ ', < ~\ ', ''··-":i.~·20' Waterline Exist. 4" waterlin~,-G-~.=-~ -' and utility sleeve under road ---.... ... _)!(~ _ \'--"\\'-easement Exist. Gasline based on marker/ ', \ \ ','"\~ locations. Apparent location of '\ ~~ _\ \ \\'-\\'- 30' Right of Way Rec. No. 664859 ~ ~\ \< '"\\...,_ and Rec. No. 668696. \ ~ \ ~ ~'\'-\ \\' ,,, \ ~ ~ \ '"\\'- Garfie J:d County Road No. 306 \ ~.. \ \ '-'" 60.00' Wide Road Right of Way and \ ' \ , ----------==---~--:::-:____-_ Public Utility Easement lying ----'..-1.,. i;:)r;;::, ~ r;;::,r;;::, ---~-"°' ~ EXEMPTION LOT NO. 2 25.712 Acre• 30. 00' on each side of road '\ ror;;::, ·"\'?-\ centE;!rline as located by survey 07/07/2017 ~' \' ~~ Proposed wel-1 loc. r;;::,• \ , Found No. 5 Rebar Existing Access'? Replaced Plas. Cap for Lot 2 PLS No. 27613 ', Fire Dept. Connection(existing) ', ~ ...... Center 20' X 20' easement ', ~ ........... Found No. 5'~~r W/Plas. Cap, 'eLS ~ ' No. 27613 '',, ~til. pole (typ.) 1- Section 3. ''l'~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--'~5\i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Found 3-1/4" N88"11'22"W Center 1/4 corner Alum. Cap on 1306.53' Section 3. Found No. 6 rebar 3-1/4" Alum. cap PLS No. 37075 in 1-1/2" iron pipe PLS No. 15710 Line Table Line No. Bearing Length Ll S88°21'24"E 78.30' L2 N01°54'47"E 21.90' L3 S34°32'2l"E 246.90' L4 N44°12'4l"E 20.00' Curve Table Curve Arc Central Chord No. Length Radius Angle Bearing Cl 164.59' 196.84' 47°54'28" S28°11'03"E C2 76.39' 504.12' 8°40'54" S56°28 '44"E C3 88.09' 332.17' 15°11'43" S68°25'03"E C4 123.28' 492.29' 14°20'55" S68°50'27"E cs 157.56' 332.78' 27°07'39" S48°06'10"E C6 93.03' 146.26' 36°26' 40" S52°45'40"E C7 75.16' 382.78' 11°14'59" N40°09'50"W CB 45.37' 96.26' 27°00'17" S48°02'29"E Chord Tangent Distance Distance 159.84' 87.45' 76.31' 38.27' 87.84' 44.31' 122.96' 61.97' 156.09' 80.28' 91.47' 48.15' 7 5 • 03 I 37.70' 44.95' 23.11' GRAPHIC SCALE ( Ill PliliT ) llnoh•lOO!t. @ Indicates No. 5 rebar 18" long with 1-1/2" orange plastic cap PLS No. 27613 to be set unless noted otherwise. SurvCo, Inc. Professional Land Surveying Services "Serving Western Colorado since 1991" 826-1/2 Grand Avenue Post Office Box 2782 Glenwood Springs, CO. 81602-2782 Phone: (970) 945-5945 Email: survco@gmail.com