HomeMy WebLinkAbout1.03 Leaseh1IilY401AP i4IJ4 LI Will aWJA 04 �IlII
Raoep�tlax►#• 831889
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RIGHT -OF -WAY GRANT
SourceGas Distribution LLC
AFTER FLING. PLEASE RETURN DOCUMENT TO:
Name: Tim Atwater
Address: SourceGas Distribution LLC
00012'" Street, Suite 300,
Golden. Colorado 80401
This Instument Prepared by
Tim Atwater . of
Golden Colorado
Joint- Common -Rev, 8/26/11
Ill MINIUM IminiltireMitifif. IN 11111
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H o 01:1800 Fs0iCof 6 Roo s $3.00 Deoser6.0ANFIELD COUNTY CO
ACCESS AND UTILITY EASEMENT
Rocky Mountain Natural Gas LLC
KNOW ALL MEN BY THESE PRESENTS:
That Jeff & Britton Nieslanfk ( "Grantor"), for itself, its successors, or assigns, for and in consideration of the sum of Ten
Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged, does hereby grant, convey and confirm unto, ROCKY
MOUNTAIN NATURAL GAS LLC, a Colorado limited liability company, whose address is 600 12s' Street Suite 300
Golden, Co 80401, its Directors, Officers, affiliates, successors and assigns (collectively, "Grantee "), a thirty (30) foot wide non-
exclusive easement for pedestrian and vehicular ingress and egress and utilities, including but not limited to electric, natural gas,
telephone and cable, in, over, across and through the following - described lands situated in the County of Garfield and State of
Colorado, to wit:
A Portion of Section 34, Township 6 South, Range 88 West and Section 3, Township 7 Saudi, Range 88 West of the 6th
Principal Meridian, County of Garfield and State of Colorado as more particularly described and depleted on Exhibit A
attached hereto and Incorporated herin by reference (hereinafter referred to as the "Property" or "Easement ").
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto
appertaining.
AGREEMENT
In consideration hereof, the parties agree:
(a) 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").
(b) Grantor, its successors and assigns and their invitees and licensees, shall have the right to use the Easement for any and
all passage purposes; provided that Grantee shall not be liable for any injury or damage to Grantor ar its invitees and
licensees resulting from such use.
(c) Grantee is not obligated to commence construction upon the Easement created herein; provided however, that Grantee
has the right, in its sole discretion, to establish and maintain a gravel roadway within the Easement for use by Grantee, its
employees, agents, licensees and invitees and their equipment, with right to surface the same. The construction,
maintenance, modification, Inspection, repair, replacement, substitution or relocation of the roadway within the Easement
shall be the sole responsibility and expense of Grantee. Grantee is responsible for weed control along the access
easement. Grantee agrees to use all ordinary and reasonable care to maintain the roadway and Easement in a safe and
usable condition. Grantee shall install gates at any point or points where the roadway above described may cross existing
fences and a key for any locks installed will be furnished to Grantor. Gates installed shall be considered the personal
property of Grantor and upon the temenation of this Easement may be left on said land or removed therefrom, at the sole
option of the Grantor. Any removal will be the cost and expense of Grantee.
(d) The parties expressly agree that Grantor, at its sole cost and expense and after reasonable advance notice, shall have the
right to relocate the Easement across the Property. Any relocation shall be done in conformance with standard and
customary engineering practices and shall not unduly burden the Grantee.
(e) This Easement shall be recorded in the office of the Clerk and Recorder of Garfield County.
(f) 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.
(g) Grantee shall pay any incremental increase in taxes assessed upon Grantor's Property as a result of Grantee's facilities
Placed on the Easement, and all other governmental taxes and charges assessed against the works. machinery,
structures and other things constructed or used by Grantee in connection with its operations and Grantee shall
indemnify Grantor and Grantor's Property from any and all such taxes or assessments imposed thereon.
(h) Grantor shall keep the Property free and clear of any and all liens for labor performed and materials provided to the
Property or otherwise attributable to Grantee's operations conducted on the property.
(i) Grantor and Grantee are parties to an Exclusive Easement ( "Site Easement ") dated December 20, 2012 for the Grantee's
Gas Equipment. This Easement shall terminate upon the termination of that Exclusive Easement. Grantor is hereby
1111KilliiirA1111I.1MMLIIE4 11111
Reeeepptien#: 831805
52126/2013 01110:10 P11 Joan Alberloo
3 of 6 Res Foo:$36.00 bee Fee :0.00 GARFIELD COUNTY CO
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, the Easement shall no longer be an encumbrance upon the
Property. Upon termination of the Easement, Grantee shall restore the Easement to as near to its original condition as is
reasonably practicable; provided, however, that upon Grantor's written request, any roadway may be left in place, in
which event Grantee shall have no further obligation to Grantor for restoration and maintenance of such roadway.
0) If any part, term or provision of this agreement is, by a court of competent jurisdiction or regulatory authority having
jurisdiction over said land, held to be illegal, void, or unenforceable, or to be in conflict with the law of Colorado, the
validity of the remaining provisions or portion hereof shall not be affected, and the rights and obligations of the parkas
shall be construed and enforced as if this agreement did not contain the particular pan, term or provision held to be
invalid.
(k) Grantee shall have the right to assign this Easement, in whole or in part, upon written notice to and approval from the
Grantor, which approval shall not be utueasonably withheld, and provided that any such assignee acknowledges and
agrees to be bound by the terms and conditions contained in the Confidential Agreement.
(I) In the event of a default by either party, the non - defaulting parry shall be entitled to damages and costs, including
reasonable attorney's fees incurred in enforcing the provisions hereof.
(m) This Easement and all disputes arising hereunder shall be governed by the laws of the State of Colorado, and the parties
agree that venue and jurisdiction over any claim arising from this Easement shall lie in the courts of Garfield County,
Colorado.
The terms, covenants and provisions of this agreement shall inure to and be binding upon the successors and assigns of each
of the patties hereto.
IN WITNESS WHEREOF, Grantor has hereunto set its hand this »UY'` day of 04-c.sz.m. ,
GRANTOR:::
ide
Jamul:
Britton Nicslanik�
GRANTEE:
C•6
0 a I
ROCKY MO NATURAL GAS LLC
STATE OF COLORADO
COUNTY OF GARFIELD
On this 20t1 day of December, 2012, before me, a notary public, in and for said county and stare, personally carne the above - named,
Jeff and Britton Nieslanik, who are personalty known to me and known to me to be the identical persons whose names are affixed to
the above insuunrent 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.
SHELLY R BRINKLOW
NOTARY PUBLIC
BIM# OF COLORADO
NOTARY soh; 10054030030
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STATE OF COLORADO )
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COUNTY OF GIERREITEP ) 4:q•�
7-)N
On this AC11h day of Oee.etn r , 241 before me, a notary public, in and for said county and state, personally came
the above - named, . 1,-.4 -tact. 4-xSt as
;VA .44/14.011k iq q of Rocky Mountain Natural Gas, LLC, who is personally known to me and known to me to be the identical
person(s) whose name(s) is/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 Commission Expires Notary Public
3
• 1111oPSC �NW�9'I I I# NI' 11111
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02/2612012 01:18:10 PM Jinn Alberloo44_�__
5 of 8 Rep Fse:$36.00 Doe Feo:0.00 ORRFIELD COUNTY CO
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/ \ ACCESS ROAD EASEMENT- EXHIBIT A
,`Ci, RIFLE TO AVON COMPRESSOR SITE
r /'\%4 SECTION 34, TOWNSHIPS SOUTH,
l + \ \IX \ RANGE 88 WEST OF THESTHP,M.
\ a \ COUNTY OF GARFIELD, STATE OF COLORADO
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.- \' \ ACCESS ROAD ME EASEMENT
\\ \\ ` \ \ \ RECEPRON NO 700162
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30• W[DE ACGf85�S JEFF & BRI�MIESLAIIIK
ROAD EASEMENT 1 (2187 - 341 -00-150)
(0.4542 ACRES)
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NIGH COUNTRY ENGINEERING, INC.
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6 of 6 Roo Feo�f46.0D 000 Fee10.00 GARFIELD COUNTY CO
30 FOOT NORTH ticCE39 R9A13 EA5EFNIENT
A 30 FOOT STRIP OF LAND SITUATED DI THE SOUTHEAST QUARTER OF SCC110N 34, TONNSFIP 8 $00111.
RANGE 88 HEST Cr THE M1M PANS:TAAL MERIDIAN. COUNTY OF GARRELD, STATE CF COLORADO; SAID STRP
Cr LAND LYING 15.0 FEET TO EACH SIDE OF THE FOLtOWIC DEST25510 CENTEALOM
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34, A 3-1/4' ELM ALUMINUM CAP IN PL/ICE;
THENCE N7030'S0'W A DISTANCE Cr 1811.56 FEET TO THE CENTERLINE OF SARI ACCESS ROAD EASEM ENT.
AND THE POUNT Cr BEOINNINO;
THENCE ALONG SAID COITERUNE ALONG A CURW TO THE LEFT HAWIG A RAMS OF 85.11 FEET AO A
C0I111)L ANGLE OF 11'07'08', A DISTANCE OF 18.46 FEET (CHORD BEARS N26'8,2 31'W A DISTANCE OF 18.43
FCEri
THENCE CONTINUING ALONG SAID CENTERLINE H32•26'01'W A DISTANCE OF 75.72 FEET;
THENCE CONTINUING ALONO SAND CENTERLINE ALONG A CURVE TO THE RIGHT MAVLNG A RADIUS OF 323.71
FEET AND A CENTRAL ANGLE OF 1627'886. A /DISTANCE OF 83.03 FEET (CHORD BEARS N2472'04•W A
DISTANCE OF 82.71 FEET},
THENCE CONTINUING ALONG SAID CENTERLINE N15'3W08'W A DISTANCE Cr 18168 FEET;
THENCE COHIUIIANG ALCM SAID CENIFRIJNE ALONG A CURVE TO THE LEFT HAVING A RADIUS CY 578.00
FEET MD A CENTRAL ANGLE OF 157751; A DISTANCE OF 158.00 FEET (CHORD BEARS N23'42'02'W A
DISTANCE OF 155.53 F E
THENCE 00N1IINUINO ALONG SAID CENTR ME 113115$B'W A DISTANCE OF 110.85 FEET;
THENCE COHRNEANG ALONG SA10 CENTERLINE ALONG A CURVE 10 1HE RIGHT HAVING A RADIUS OF 40.00
FEET AND A CENTRAL MOLE OF 781117', A DISTANCE OF 55.40 FEET (010RD BEARS N0814'40'E A
DISTANCE Cr 51.08 FEET):
THRICE CONTINUING ALONG SAID CENTERLINE 11471/5181 A DISTANCE Or 23.50 FEET. TO A POINT CH THE
CENTERLINE OF OARFNCLD COUNTY ROAD 116 AND DIE Pow' OF TTRMIMUS• (V1HEHCE ME SOUTHEAST CORNER
OF SAID SECTION 34 GEAR^+. S57'20'11'E A DISTANCE Cr 2288.55 FEET}:
SAD STRIP Or LAND CORN/ONO 0.484 ACRES MORE OR LESS.
MOH COUNTRY ENGI NLi=RINO. INC.
soURCL 0418 LLG
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EXCLUSIVE 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 of the sum of
ten dollars ($10.00) , and other good and valuable consideration, the receipt which is hereby
acknowledged, does hereby grant, convey and confirm unto, ROCKY MOUNTAIN NATURAL GAS
LLC, whose address is 600 12th Street Suite 300 Golden, CO 80401, its successors and assigns
(collectively, "Grantee "), an exclusive Twenty year (20) easement ("Initial Term ") to the "Property"
described herein, for the (1) 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 connection therewith (hereinafter 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, antennae 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,
County 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 and 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 will place the Grantee's operations, its Gas Equipment or
the use thereof in conflict or violation with any federal, state or Iocal law or regulation, including the
r -S Niaslanlk axclualve Era =N e - rat
Grantee's County 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 ground 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 any 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 and 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 governmental
charges assessed against the works, machinery, structures and other things constructed or used on the
Property by Grantee in connection with its operations and Grantee shall indemnify Grantor and Grantor's
property from any and all such taxes or assessments imposed thereon.
9. Grantee shall keep the Property free and clear of any and all liens for labor performed 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 bound 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 reasonable 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 same instrument,
J -8 Nieslsnik Bxthialve Basement - Final
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands this X* day of
qee.N,'i^ , 20 l .
GRANTOR:
J &S NIESLANIK, LLLI'
BY4 fish tM t'�.
Its: ink Pd,'
STATE OF COLORADO
COUNTY OF GARFIELD
) ss
)
GRANTEE:
ROCKY MOUNTAIN
NATURAL GAS, LC
By:
Oct R&3 fl,11�11.1=t -ce.
Its: S - > -.
ft
Orr this 20`l' 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 hereunto set my hand and affixed my notary seal the day and
year last above written.
My Commission Expires
STATE OF C rx,.0R. / O)
) ss
COUNTY OF e f F Y RsoJ» )
Liam.-
Notary 'r blic
SHELLY R BRINKLOW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 0 20004035630
MY COMMISSION EXP R & UE EMBER 04 2016
On this ; k"-- -, day of e,r b , 20 to before me, a notary public, in and for said county
and state, personally came the above - named, { ,,,, ko,1 V , i��thz + SVQ- \ of 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 notary seal the day and year
last above written.
My Commission Expires
7-S Nlealam'k Exclusrva Ens wad - Final
Notary Public
.1,6:30,
LEASE AREA.M IEIT,A
RIFLE TO AVON COMPRESSOR SITE
SECTION 3, TOWNSHIP 7 SOUTH, (RANGE 88 WEST OF THE 8TH P.M.
COUNTY OF' GARFIELD, STATE OF COLORADO
Qi.�'
( 8 OG.AI NO)
. -..... .-..,. aoJ" �tiH Ram , , _ , � �
�NQ?H IJNE or S[ATION 3 �" —
N1 4 CORNER
sEOTTON 3 lA
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Se8 w 449
COMPRESSOR SITE
4,273± ACRES
J V618321KIP
(2393- 032-00 -O32)
on-
/
NE CORNET
SEC DN 3
3 1/4" BLM
ALIN. CAP
BEpONI{iN0
(4o3- (41 -OQ --952)
A PARCEL. OF LAND SITUATED IN 11-IE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 SOUTH,
RANGE as WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF OARFIELO, STATE OF COLORADO;
SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3, A 3 -1/4' BLIA ALUMINUM CAP IN
PLAGE THENCE S68'23'37'W A DISTANCE OF 1588.08 FEET TO THEpp4Nt OF 1g99INM1j1G: THENCE
SOO13'10 "E A DISTANCE OF (395,00 FEET; THENCE S8946'50'W A DISTANCE OF ,
145,70 FEET, THENCE N37'25'D9'W A DISTANCE OF 4660 FEE-1';
THENCE NO715'87`W A DISTANCE OF 192,71 FEET; THENCE N894$'80"E
A DISTANCE OF 446.44 FEET TO THE POT OF BEGINNING,
SAID PARCEL OF LAND CONTAINING 4,273 ACRES, MORE OR LESS,
HIGH COUNTRY ENGINEERING, INC.
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Racgpt 1cn1t : 831888
02/26/2013 01 :18:10 PM Jean Albertoo
1 of 6 Rao Fee:$36.00 Doo Fqo :Q C0 GARFIELD COUNTY CO
RIGHT -OF -WAY GRANT
SourceGas Distribution LLC
AFTER FLING, PLEASE RETURN DOCUMENT TO:
Name: Tim Atwater
Address: SourceGas Distribution LLC
80012'n Street. Suite 300,
Golden. Colorado 80401
This Instument Prepared by
Tim Atwater
Golden
Joint- Common-Rev. 8126/11
, of
Colorado
1111 VA laltiftiviitlrakili 11111
RecQptlontt: 831888
02125/2013 01rt8:10 PM Jean Albortao
2 of 5 Rao Fee:536.00 Doo Fee:0.0D GARFIELD COUNTY CO
ACCESS AND UTILITY EASEMENT
Rocky Mountain Natural Gas LLC
KNOW ALL MEN BY THESE PRESENTS:
That Jeff & Britton Nieslanik ( "Grantor "), for itself, its successors, or assigns, for and in consideration of the sum of Ten
Dollars (810.00), the receipt and adequacy of which is hereby acknowledged, does hereby grant, convey and confirm unto, ROCKY
MOUNTAIN NATURAL GAS LLC, a Colorado limited liability company, whose address is 500 12th Street Suite 300
Golden, Co 80401, its Directors, Officers, affiliates, successors and assigns (collectively, "Grantee"), a thirty (30) foot wide non-
exclusive easement for pedestrian and vehicular ingress and egress and utilities, including but not limited to electric, natural gas,
telephone and cable, in, over, across and through the following- described lands situated in the County of Garfield and State of
Colorado, to wit:
A Portion of Section 34, Township b Soutb, Range 88 West and Section 3, Township 7 South, Range 88 West of the 6th
Principal Meridian, County of Garfield and State of Colorado as more particularly described and depicted on Exhibit A
attached hereto and incorporated herin by reference (hereinafter referred to as the "Property" or "Easement").
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto
appertaining.
AGREEMENT
In consideration hereof, the parties agree:
(a) This Easement is subject to certain terms and conditions previously agreed upon and reflected in a separate written
agreement between the parties bearing even dale herewith ( "Confidential Agreement").
(b) Grantor, its successors and assigns and their invitees and licensees, shall have the right to use the Easement for any and
all passage purposes; provided that Grantee shall not be liable for any injury or damage to Grantor or its invitees and
licensees resulting from such use.
(c) Grantee is not obligated to commence construction upon the Easement created herein; provided however, that Grantee
has the right, in its sole discretion, to establish and maintain a gravel roadway within the Easement for use by Grantee, its
employees, agents, licensees and invitees and their equipment, with right to surface the same. The construction,
maintenance, modification, inspection, repair, replacement, substitution or relocation of the roadway within the Easement
shall be the sole responsibility and expense of Grantee. Grantee is responsible for weed control along the access
easement. Grantee agrees to use all ordinary and reasonable care to maintain the roadway and Easement in a safe and
usable condition. Grantee shall install gales at any point or points where the roadway above described may cross existing
fences and a key for any locks installed will be furnished to Grantor. Gates installed shall be considered the personal
property of Grantor and upon the termination of this Easement may be left on said land or removed therefrom, at the sole
option of the Grantor. Any removal will be the cost and expense of Grantee.
(d) The parties expressly agree that Grantor, at its sole cost and expense and after reasonable advance notice, shall have the
right to relocate the Easement across the Property. Any relocation shall be done in conformance with standard and
customary engineering practices and shall not unduly burden the Grantee.
(e) This Easement shall be recorded in the office of the Clerk and Recorder of Garfield County.
(f) 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.
(g) Grantee shall pay any incremental increase in taxes assessed upon Grantor's Property as a result of Grantee's facilities
placed on the Easement, and all other governmental taxes and charges assessed against the works, machinery,
structures and other things constructed or used by Grantee in connection with its operations and Grantee shall
indemnify Grantor and Grantor's Property from any and all such taxes or assessments imposed thereon.
(h) Grantor shall keep the Property free and clear of any and all liens for labor performed and materials provided to the
Property or otherwise attributable to Grantee's operations conducted on the property.
(i) Grantor and Grantee are parties to an Exclusive Easement ( "Site Easement ") data! December 20, 2012 for the Grantee's
Gas Equipment. This Easement shall terminate upon the termination of that Exclusive Easement. Grantor is hereby
1
llli riPliffiliMikI44LN1iIi Qfll'ItI'I" ititl iM RN 11111
Rec tiontt: 83180a
0212512013 01:18:10 PM Jean q Lerida
3 of 6 Rev Fee:S36.00 Doc Fee:6.60 GRRFIELD COUNTY CO
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, the Easement shall no longer be an encumbrance upon the
Property. Upon termination of the Easement, Grantee shalt restore the Easement to as near to its original condition as is
reasonably practicable; provided, however, that upon Grantor's written request, any roadway may be left in place, in
which event Grantee shall have no further obligation to Grantor for restoration and maintenance of such roadway.
0) If any part, term or provision of this agreement is, by a court of competent jurisdiction or regulatory authority having
jurisdiction over said land, held to be illegal, void, or unenforceable, or to be in conflict with the law of Colorado, the
validity of the remaining provisions or portion hereof shall not be affected, and the rights and obligations of the parties
shall be construed and enforced as if this agreement did not contain the particular part, term or provision held to be
invalid.
(k) Grantee shall have the right to assign this Easement, in whole or in part, upon written notice to and approval from the
Grantor, which approval shall not be unreasonably withheld, and provided that any such assignee acknowledges and
agrees to be bound by the terms and conditions contained in the Confidential Agreement.
(I) In the event of a default by either party, the non-defaulting party shall be entitled to damages and costs, including
reasonable attorney's fees incurred in enforcing the provisions hereof.
(m) This Easement and all disputes arising hereunder shall be governed by the laws of the State of Colorado, and the parties
agree that venue and jurisdiction over any claim arising from this Easement shall lie in the courts of Garfield County,
Colorado.
The terms, covenants and provisions of this agreement shall inure to and be binding upon the successors and assigns of each
of the parties hereto.
IN WITNESS WHEREOF, Grantor has hereunto set its hand this a(7.131-` day of 04 "..2t-4 , 20 1j
GRANTOR:
ik
siarrik
Britton Nieslanik
GRANTEE:
t.
0 ful.1
ROCKY MOUN N NATURAL GAS LLC
On this 20th day of December, 2012, before me, a notary public, in and for said county and state, personally came the above - named,
3efiand Britton Nieslanik, who are personally known to me and known to me to be the identical persons whose names ate 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.
SHELLY R BRINKLOW
NOTARY PUBLIC
STAIR OP COLORADO
NOTARY ID II 2000+030030
10
1 Oaw� ru
Notary tic
2
Ill ii ♦Rs4 it.mW riviciestietlivavi lll' it Ili
Recepptiontt: 831808
02/25/2013 01:03:10 PM Joan Albertoo
4 of 6 Rao Foo:S38.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) as
COUNTY OF ekliffEllt ) 1:9
On this AO" day of °Ccttr , 201 before me, a notary public, in and for said county and state, personally came
the above - named, ti`b w \(Z-s O. Whtl2..'1 cr* , as
e *;4 - _Nirc:atIcr s; of Rocky Mountain Natural Gas, LLC, who is personally known to me arid known to me to be the identical
person(s) whose name(s) is/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.
la -47 -1`l
-974-'4,-,
My Commission Expires Notary Public
3
!III KillailifiAlliiishiMIR11141411 Ng 11111
ReceptlenI$ : 831808
02/2612013 01:18:10 P11 Jean A1Berloo
5 oT 6 Reo Fse:S36.00 Doe Fee:0.00 GARFIELD COUNTY CO
POINT OF 1ERMINiUS
(NE CORNER SECTION 1
BEARS: 55729'11'C 229850
ACCESS ROAD EASEMENT- EXHIBIT A
RIFLE TO AVON COMPRESSOR srr
SECTION 34, TOWNSHIPS SOUTH,
RANGE 68 WEST OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
SIWO 30' THOE PRIVATE
ACCESS ROAD EASEMENT
RECEPTION NO. 700162
1
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ROAD EASEMENT
(0.484± ACRES)
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PROPERTY OWNER
JEFF & BRITTON NIESI.ANIK
(2187 - 34400 -156)
1
\
POINT OF BEGINNING \
(NE CORNER SECTION 3 \
BAR2 S7029'60'E 1611.581
HIGH COUNTRY ENGINEERING, INC.
1517 81Al1RAVD U4.OTC 101
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DATE 10412 10,2
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(0.484± ACRES)
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i"a'M iFc:`�
PROPERTY OWNER
JEFF & BRITTON NIESI.ANIK
(2187 - 34400 -156)
1
\
POINT OF BEGINNING \
(NE CORNER SECTION 3 \
BAR2 S7029'60'E 1611.581
HIGH COUNTRY ENGINEERING, INC.
1517 81Al1RAVD U4.OTC 101
OLo w00D 6W1 0401801
FA137770) WBfR�e
60YNCEOAStic.
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NORTH ACCESS ROAD
EAIRONEiT COSSET A
ElAkriiLD comm.
°TATO Of W.OPADO
DRAM sr
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DATE 10412 10,2
faC
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1111KPRIrN N1l1111,I III hiehi ffiiiti1RII1■ 11111
Reneptlonn: a31aea
02/2512013 01:18:10 PM Jean Alberico
6 of 6 Roe Feo:S38.0D Doc Fee:0.00 GARFIELD COUNTY Co
30 FOOT NORTH ACCESS ROAD EASEMENT
A 30 FOOT STRIP OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH,
RANCE 88 VEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARAE1D. STATE DF COLORADO; SAID STRIP
OF LAND LYING 15.0 FEET TO EACH SIDE OF THE FOLi.OW43G DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34, A 3-.I/4• OLJI ALUMINUM CAP IN PLACE;
THENCE N70•29'80'W A DISTANCE OF 1811.55 FEET TO THE CENTERUNE OF SAID ACCESS ROAD EASEMENT,
AND THE PC1NT OF BEGINNING;
THENCE ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT HAWIG A RADIUS OF 95.11 FEET AND A
CENTRAL ANGLE OF 11'07'08'. A DISTANCE OF 18.48 FEET (CHORD DEARS N26732'31 "W A DISTANCE OF 18.43
FEET);
THENCE CONTINUING ALONG SAID CENTERLINE H32'28•01'W A DISTANCE OF 75.72 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT HAWING A RADIUS OF 323.71
FEET AND A CENTRAL ANGLE OF 162758', A DSTANCE OF 9103 FEET (CHORD BEARS N2412'04'W A
DISTANCE OF 92.71 FEET);
THENCE CONTINUING ALONG SAID CENTERLINE N1S'S8'O6'W A DISTANCE OF 163.68 FEET;
THENCE CONTIMISNG ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 578.00
FEET AND A CENTRAL ANGLE OF 1527'51', A DISTANCE OF 158.00 FEET (CHORD BEARS N23'420211 A
DISTANCE OF 135.53 FEET);
THENCE CONTINUING ALONG SAID CENTERUNE H31'2558'W A DISTANCE OF 116.05 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00
FEET AND A CENTRAL AHGIE OF 79'21'17', A DISTANCE OF 55.40 FEET (CHORD BEARS N0814'40'E A
DISTANCE OF 51.08 FEET);
THENCE CONTINUING ALONG SAID CENTERUNE N47'55'19'E A DISTANCE OF 23.50 FEET, TO A POINT ON THE
COITERUNE OF ammo COUNTY ROAD 115 AND THE POINT OF TEI3WINt1S• (WHENCE THE SOUTHEAST CORNER
OF SAID SECTION 34 BEARS S57'2911'E A DISTANCE OF 2298.55 FEET);
SAID STRIP OF MO CONTAINING 0.484 ACRES MORE OR LESS.
NIGH COUNTRY IETLGINEERING, INC,
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