HomeMy WebLinkAboutExclusive Easement.pdfEXCLUSIVE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That J&S Nieslanik LLLP, (3118 S Grand Avenue, Glenwood Springs, CO 81601) ("Nieslanik" or "Grantor"), for itself, its successors,
or assigns, for and in consideration ofthe sum of ten dolIars ($10.00) , and other good and valuable consideration, the receipt which is hereby aclmowledged, does hereby grant, convey
and confirm unto, ROCKY MOUNTAIN NATURAL GAS LLC, whose address is 600 lih Street Suite 300 Golden, CO 80401, its successors and assigns (colIectively, "Grantee"), an exclusive Twenty
year (20) easement ("Initial Term") to the "Propelty" described herein, for the (I) the installation, construction, maintenance, alteration, repair, replacement, reconstruction, operation,
upgrade,. addition, and removal of a natural gas compressor station, together with facilities appurtenant thereto, including, but not limited to, buildings, guardrails, fences, valves,
regulators, underground and aboveground gas pipelines, and other appurtenances and devices used or useful in cOlUlection therewith (hereinaftllr collectively referred to as "Gas Equipment"),
(2) as well as for the installation of other utilities necessary to operate or maintain the Gas Equipment -including but not limited to electric, gas, cable and telecommunications tower,
antelUlae and related facilities, (3) the removal of objects interfering with the Gas Equipment or the exercise of Grantee's rights hereunder and (4) use and reasonable ingress and egress.
The Property subject to this Easement is legally described as a portion of: Section3, Township 7 South, Range 88 West, of the 6th Principal Meridian, Parcel #239303200032, Connty of
Garfield and State of Colorado, as more particularly described and shown on the attached "Exhibit A" (the "Property"). 1. This Easement is subject to certain terms and conditions previously
agreed upon and reflected in a separate written agreement between the parties bearing even date herewith ("Confidential Agreement"). 2. This Easement may be extended for additional terms
of twenty (20) years upon further agreement of the parties as to the appropriate consideration to be paid for such extensions as contemplated in the Confidential Agreement. Any extension
of this Easement shall be agreed to prior to expiration of the previous term. Grantor is hereby authorized to record a termination of easement document in the records of the Garfield
County Clerk and Recorder upon the termination of this Easement and, upon such recording, this Easement shall no longer be an encumbrance upon Grantor's property. 3. This Exclusive Easement
and the rights hereby granted are exclusive to the Grantee and are subject only to Grantor's use, maintenance, repair and replacement of an irrigation pipeline as contemplated by the
parties, an electrical easement to be granted to Holy Cross Electric arId currently existing: easements, exceptions, reservations, encumbrances, rights-of-way, variances and/or agreements
of record. During the Initial Term and every Additional Term thereafter, Grantor agrees not to take any action to the land adjacent to the Property that wilI place the Grantee's operations,
its Gas Equipment or the use thereof in conflict or violation with any federal, state or local law or regulation, including the J·S N!oslanlk Bxolu91ve EiI.<lemel1t· Final
Grantee's COWIty land use permit. During the Initial Term and every Additional Term thereafter Grantor agrees not to impair the structural integrity of, interfere with, or endanger said
Gas Equipment. Grantor shall not, without the prior written approval of Grantee, alter the existing groWld elevations or change the compaction of the soil on the Property. 4. At the
termination of the Initial Term, or Additional Term if the term is extended, Grantee shall restore the Property to as near to its original condition as is reasonably practicable. 5.
All the terms, conditions and covenants of this Exclusive Easement shall be binding upon the parties, their successors and assigns. 6. Grantee shall obtain arty and all necessary licenses
or permits, required by law to operate Grantee's business on the Property. 7. All improvements and related facilities constructed within the Easement shall be installed, operated, maintained,
repaired imd removed at Grantee's sole liability, risk, cost and expense. Grantee agrees to release, indemnify and hold Grantor harmless from and against any and all claims, liability,
loss, costs, damages and expense (including, but not limited to, reasonable attorney's fees) arising out of or resulting from the activities, operations and facilities of Grantee, its
agents, employees, subcontractors and invitees. This indemnity shall include, but is not limited to, any environmental damage. This indemnity shall not apply to any damages resulting
from Grantor's negligence or the negligence of Grantor's agents, employees and invitees. 8. Grantee shall be responsible for and pay all utility charges attributable to Grantee's activities,
operations and facilities, together with any incremental increase in taxes assessed upon Grantor's property as a result of Grantee's facilities placed on the Easement and all other goveTWllental
charges assessed· against the works, machinery, structures and other things constructed or used on the Property by Grantee in cOlmection with its operations and Grantee shall indemnify
Grantor and Grantor's property from imyand all such taxes or assessments imposed thereon. 9. Grantee shall keep the Property free and clear of any and all liens for labor perfOlmed and
materials provided to the Property or otherwise attributable to Grantee's operations conducted on the Property. 10. Grantee shall have the right to assign this Easement, in whole or
in part, upon written notice to and approval from Grantor, which approval shall not be unreasonably withheld, and provided that any such assignee acknowledges and agrees to be bOWld
by the terms and conditions contained in the Confidential Agreement. 11. In the event of a default by either party, the non-defaulting party shall be entitled to damages and costs, including'feasonab
le attorney's fees incurred in enforcing the provisions hereof. 12. This Exclusive Easement may be executed in counterparts (including by facsimile, electronic or PDF), each of which
shall be deemed an original, but all of which taken together shall constitute one and the sallle insh·ument. JoS Nicslanik Elttll1l6iVll BasCluent . Final
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands this ~ day of ()<?Q.<ui\'o,<, , 20 J2.. GRANTOR: J&S NIESLANIK, LLLP STATE OF COLORADO COUNTY OF GARFIELD ) ) ss
) GRANTEE: On' this 20th day of December, 2012, before me, a notary public, in and for said county and state, personally came the above-named, James P. Nieslanik, as General Partner
of J&S Nieslanik, LLLP 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 their
voluntary act and deed. IN WITNESS WHEREOF I have heretmto set my hand and affixed my notary seal the day and year last above written. My Commission Expires STATBOF eo<..oi<AOO COUNTY
OF '3 £ f" P IS" «soN ) ) ss ) SHELLY R BRINKLOW NOTARY PUBltC STATS OF COLORADO NOTARY 10 • 20004036830 MY COMMISSION eXPIRU O-E;.CEMBER 04 2018 On this ;;tfo": day of \)Q=-rN:?",'-'
, 20~ before me, a notary public, in and for said county and state, personally came the above-named, QC,,,,~\Q,1 0, lJ.)ht·\-<>:~, SVr~~f Rocky Mountain Natural Gas LLC 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 their voluntary act and deed. IN WITNESS WHEREOF
I have hereunto set my hand and affixed my l!otary seal the day and year last above written. 1\-Ii-Ii My Commission Expires Notary Public
LEASE AREkgxHIJ;:\ITA RIFLE TO AVON COMPRESSOR SITE SECTION 3. TOWNSHIP 7 SOUTH. IlANGE 88 WEST OFTHE 6TH P.M. COUNTY OF GARFIEl.D. STATE OF COl.ORADO . qI," ' . ../' ----(jI)\SISr.
.t!/l~GS) .~ 'Ii.r:-~ t ', -,. L ' , -~~.\U..~ ~.'lti!!' , , -. .. ..~ .. .: 1.~ ,, ~ Nil. CORNER """iii U", or -• ~~~. J;..X 8(OTION 3 /",d-~~"";d-' . # .",' ow ,w. _.Il" .. ~ .....--:g7
I .II'" ~ ~:? V NE CORNE .-.-.-.-.. ~ o-liY"-• r SECTION 3 ~ < , ~' • .7 .!1/"'"8LJ.! AUJ),j, CAP COMPRESSOR SITE . 4.273:1: ACRES" . I ~i .... I ,~ , .. 'I' r eooeEt'W O'M§R (mOl-01I-Q(Hj'2)
A PARCEl. OF LAND SlTUA'fEO IN llIE NORlHEAST QUARTER Of SECTION 3, TOIINSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXllI PRINOIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL
OF LAND BEING MORE PARTICULARLY DESCRIBED AS fOLLOIIS: COMMENCING AT lHE NORlHEAST CORNER fX' SAID 5EC11DN 3, A 3-1/4' eLM AUJMINU~ CAP IN PLACE THI':NCI: 55S'23'31'1'1 A DISTANCE Of
166a.OB fEET TO JliE POINT OF BEGINNING: '!HENCE 5OO,3'10"g A DISTAINOE OF 555,00 Fa:T; THENCE S8S'4B'50'W A DISTAINCE OF, 145.70 fEET; llIENCE N37'25'OS'W A DISTANCE fX' mT; THENCE
N07'S'57'W A NBS'45'OO'E A DISTANCE OF 448.44 , SAID PARCEL OF LAINO L~S.