HomeMy WebLinkAbout1.04 EasementsHOLY GROSS ENERGY
UNDE~RGROUNE? RIGHTOP•WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
j & S NIESLANIK LLLP, a Colorado limited liability limited partnership
(hereinafter called "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 office address is P.O , Box 2150, Glenwood Springs, Colorado
(hereinafter called "Grantee ") 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 tract or parcel of land situate in Section 3, Township 7 South, Range 88 and Section 34, Township 6 South,
Range 88 West of the e16 P,M., as more fully described In Reception Ne, 522500 In the records of the
Garfield County Clerk and Recorder's Office, Glenwood Springa, Colorado.
And, to construct,-reconstruct, repair, change, enlarge, re- phase, operate, and maintain an underground electric transmission or
distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith,
together with associated equipment required above ground, within the above mentioned lands, upon an easement described as
follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property Is shown on ExhibitA attached hereto and made a part hereof
by reference.
The rights herein granted specifically allow Grantee to Install additional underground and /or pad - mounted facilities within the
easement described herein.
It shall be the Grantor's res ponsibillty to ensure that splice vaults, swltchgear vaults and transformer vaults installed hereunder on
said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of
such access by Grantee shall not require removal or alteration of any €mprbvements, landscaping, or other obstructions. The
ground surface grade shall not be altered within ten (10) feet of said splice, sw }tchgear and transformer vaults, nor along the
power line route between the vaults. The ground surface grade gt said transformer and swltchgear vaults shall be six (f) inches
below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accesalble at all times, Improvements, iandasaping or any
other objects placed In the vicinity of said transformers and swltchgear shall be located so as not to hinder complete opening of
the equipment doors, The ground surface within ten (10) feet of said transformer and swltchgear doors shall be flat, level and
free of Improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a
minimum of four (4) feet from non - opening sides and backs of said transfer -viers and swltchgear, Grantor hereby agrees to
maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by
Grantee. Said corrections will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile
spoils outside said easement during construction and maintenance, when such Is reasonably necessary for the implementation
and use of the rights hereinabove granted. In areas where veetatlon is disturbed by the above described use of the easement,
the ground surface shall be seeded using a standard native mix by Grantee, Grantor agrees that landscaping or other surface
Improvements added on said easement afterthe date of execution hereof will be minimized and that Grantee will not be
responsible for damage to said additional landscaping or surface improvements caused by exercise of Its rlghta granted by this
easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall
be removable at the option of Grantee.
Grantor covenants that It is the owner of the above described lands and that the said lands are free and clear of encumbrances
and liens of whatsoever character, except those held by the following: All those of Record.
TO HAVE AND TO HOLD, said right -of -way and easement, together with all and singular, the rights and privileges appertaining
thereto, unto Grantee, its successors and assigns, forever.
W/0 #13.21318 :65.04:Spring Valley Source Gas Pump Station:3 /11 /13
13.2131 a nitk Jr Page 1 of 2
IN WITNESS HEREOF, Grantor has caused these present 1.10 be duly executed on this .+ day of
,20 1, .
The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that he /she has full power
and authority to sign, execute, and deliver this Instrument,
J & S NIESLANIK LLI,P,
A Colorado limited liability limited partnership
141/Y fl �,
General Partner
STATE OF CD [ Uf l0 r
56.
COUNTY OF fVV#�_A
The foregoing instrument was sa'tknowledged before me this I day of ! Y LG�( 'U
20 (,�j , by ..Ii A_ 1 /71C it 1L as General Partner of j 8, S NIESI-ANIK LLLP, a
Colorado limited liability limited partnership.
WITNESS my hand and official seal.
My commission expires:
MARIETTE PURDY
• NOTARY PUBLIC'
STATE OF COLORADO
NOTARY 1D 20124050409
MY COMMISSION EXPIRES AUGUST 9, 2016
Notary Public
Address: 9 Cp oci
Col a kt cor,orkSp f"i &51 ec) 3./606/
W/041 3.21318:65- D4:Spring Valley Source Gas Pump Station:3/1 1/13 13. 131n olck IF Page of 2 Revised 4 -5 -1 I
EXISTING HOLY CROSS
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comvnEa8Ofi SITE
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PAD MOUNTED
TRANSEOMER
Section 3 & 34 Township ? &6South Range $8 Vast of the eth P,M.
Job Name: SPRING VALLEY SOURCE GAS.
GARFIELD County
W/O #: 21318
Holy Cross Energy
Glenwood Springs, Colorado
NOT TO SCALE
FACIU1'Y LQGAT(ONS
APPROXIMAr
Date
3 -11.1$
EXHIBIT A
HOLY CROSS RNERQY
itiGHT•OF -WAY iiASgh1 NT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
& S NIESLANIK LLLP, a Colorado limited liability limited partnership
(hereinafter called "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 office address Is P. Q. Box 21$0, Glenwood Springs, Colorado (hereinafter called 'Grantee ") 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 tract or parcel of land situate In Section 3, Township 7 South, Range 88 and Section 34, Township 6 South, Range 88 West of the 6*
P.M., as more fully described In Reception No. 522500 in the records of the Garfield County Clerk and Recorder's Office, Glenwood Springs,
Colored o.
And, to construct, reconstruct, enlarge, Operate, maintain and remove an electric transmission or distribution line or system, within the above
mentioned lands, upon an easement described as follows:
An easement thirty (30) feet 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 part hereof by reference.
The rights herein granted specifically allow Grantee to (1) install dawn guys with anchors within thirtyflve (35) feet of any 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, Grantor hereby grants to Grantee, and to Its successors and assigns, the right to clear ail trees and brush, by machine work or
otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which 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 Electrical Safety Code requirements for minimum clearance from the power line conductors.
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,
Grantor covenants that It is the owner of the above described lands and that the said lands are free and dear of encumbrances and liens of
whatsoever character, except those held by the following: All those of Record,
TO HAVE AND TO HOLD, said right•ofway and easement, together with all and singular, the rights and privileges appertalning thereto, unto
Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this ! day of ill
I at-( C k , 20
The individual signing this Holy Cross Energy Right -of -Way Easement hereby represents that he /she has full power and authority to sign, execute,
and deliver this Instrument.
J A S NIESLANIK Lt-LP, a Colorado limited liability limited partnership
tki
STATEOFC d
I ) ss.
COUNTY OF 69(cf4.. y`)11
The foregoing I strument+@ as acknowledged before me this 4 "day of Y Y 'r 20 L I b
as General Partner of j 4 5. NIESLANIK LLLp, a Colorado limited liability limited
partnership
WITNESS my hand and official seal,
Myco m m i s s .e ice.:.° ... ,,,...,
. MARIETTE PURDY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20 124050409
MY COMMISSION. EXPIRES AUGUST 9, 2016
era Par 9,(0.
Notary Pubhc
Address: q "7.) Co rdl rn riC 7i,!? kL r� Sty
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Section 3 & 34 Townships &6South Range 8Q West of the 8th P.M, GARFIELD County
Job Name: SPRING VALLEY SOURCE OAS W/O #: 21313
Holy Cross Energy
Glenwood S rin s, Colorado
g
NOT TO SCALE
FACILIIYLOCATIONS
APPRPAr,1AT
Date
3.11.13
EXHIBIT
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 ($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 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 Iands 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 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 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 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 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 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.
(a) This Easement shall be recorded in the office of the Clerk and Recorder of Garfield County.
(i) 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
1
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 encuurhrance 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,
(j) 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 G" day of . '()e \3•06-, , 20
GRANTOR:
0.
440-11t
Jeer anik
Act \I,
Britton Nieslanik
GRANTEE:
ROCKY MOUNT .y N NATU GAS LLC
By:
Its:
/le
0.5
STATE OF COLORADO
) es
COUNTY OF GARFIELD )
sup
On this 20`x, day of December, 2012, before me, a notary public, in and for said county and state, personally came the above - named,
Jeff and Britton Nieslanik, 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.
SHELLY t BRINKLOW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20004035030
MY COMMISSION E WIRES DECEMBER oA. 2216 J
My Commission Expires
Notary P lic
2
STATE OF COLORADO )
COUNTY OF (1kItHE - )
BS
On this 'a,Cb' day of O b ' , 201. before me, a notary public, in and for said county and state, personally came
as
the above - named, ) , ' cirE
549— oro'of Rocky Mountain Natural Gas, LLC, who is personally known to me and known to me to be the identical
person(ss 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.
11- 1'7 -15
My Commission Expires Notary Public
3
A(604,.\
�
l
POINT OF TERMINIUS
(NE CORNER SECTION 3
BEARS; 557•2011 "E 2206.55')
ACCESS ROAD EASEMENT - EXHIBIT A
RIFLE To AVON COMPRESSOR SITE
SECTION 34, TOWNSHIP 8 SOUTH,
RANGE 88 WEST OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
DOSING 30' WIDE PRIVATE
ACCESS ROAD EASEMENT
RECEPTION NO. 700162
1`
ti
C3
CARVE TABU?
CURVE
RADIUS
DELTA
LENGTH
TANGENT
CHORD BEARING
CHORD
Cl
95.11'
1107'O5 "
18.96'
0.26'
N26 2'31"W
16.47'
92.71'
155.3'
c2
323.71'
16'2788"
9,,.83'
158.00'
46,84
79.45
N2412'04 'W
N2312'02. 1
C3
678.00'
157751'
04
4.00'
7971'17"
55.44'
33.18
flDS'14'30L
51.08'
1
1
30' WIDE ACCESS
ROAD EASEMENT
(0.464± ACRES)
1
1
1
1
UNE TABLE
UNE
BEAIIINO
LENGTH
L1
N3219'01'W_
75,77.'
1.2
0'1._. .
163.88'
118.85'
Mill
PROPERTY OWNER
JEFF & BRITTON NIESLANIK
(2187- 344 —D0 -169)
POINT OF BEGINNING
(NE CORNER SECTION 3
BEARS: 970'29'$0 "E 1511.56')
HIGH COUNTRY ENGINEERING, INC.
017 BLAKE AVENUE, 8TE 101
GLEhlPHONE (970 8455.86771001
FAX (970) 8452658
1NWW.HQENG.00M
SOURCE GAS. LLC.
RIFLE TOAVON COIVRESSOAHTS
NORTH ACCESS ROAD
EASEMENT EXIBBITA
GARFIELD COUNTY
STATE OF COLORADO
DRAvg RFR
CHSOxeo Er.
FWH
PRO.ILCr NO:
212160803
PATE:
170.12
PAGE
1 01,2
1,11.0
.11/806"PFicun 12/103909/0W0/1000890W42
30 FOOT NORTH ACCESS ROAD EASEMENT
A 30 FOOT STRIP OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP
OF LAND LYING 15.0 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34, A 3-1/4' BLM ALUMINUM CAP IN PLACE;
THENCE N70•29'50"W A DISTANCE OF 1811,56 FEET TO THE CENTERLINE OF SAID ACCESS ROAD EASEMENT,
AND THE POINT OF DEONINO:
THENCE ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 95.11 FEET AND A
CENTRAL ANGLE OF 11'07'08 ", A DISTANCE OF 18.46 FEET (CHORD BEARS N26.52'31 "W A DISTANCE OF 18.43
FEET);
THENCE CONTINUING ALONG SAID CENTERLINE N32'26'01 "W A DISTANCE OF 75,72 FEET;
THENCE CONTINUING ALONG SAID CENTERUNE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 323.71
FEET AND A CENTRAL ANGLE OF 16'27'58", A DISTANCE OF 93.03 FEET (CHORD BEARS N24'12'04"W A
DISTANCE OF 92.71 FEET);
THENCE CONTINUING ALONG SAID CENTERLINE N15'58'08 "W A DISTANCE OF 163.88 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 578.00
FEET AND A CENTRAL ANGLE OF 15'27'51 ", A DISTANCE OF 156.00 FEET (CHORD BEARS N23'42'02 "W A
DISTANCE OP 155.53 FEET);
THENCE CONTINUING ALONG SAID CENTERLINE N31'25'58 "W A DISTANCE OF 118.85 FEET;
THENCE CONTINUING ALONG SAID CENTERUNE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00
FEET AND A CENTRAL ANGLE 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 CENTERLINE N47'55'19 "E A DISTANCE OF 23.50 FEET, TO A POINT ON THE
CENTERLINE. OF GARFIELD COUNTY ROAD 115 AND THE POINT V TERMINUS; (WHENCE THE SOUTHEAST CORNER
OF SAID SECTION 34 BEARS: S57'20'I1 "E A DISTANCE OF 2298,55 FEET);
SAID STRIP OF LAND CONTAINING 0.484 ACRES MORE OR LESS.
HIGH COUNTRY ENGINEERING, INC.
7817 ®RJJC£AVXNUE, GTE 101
GLENWOOD7R NG8 0081001
PHONE 70)94698676 (9025
INWW.HOENG.COM
SOURCE 01,5. I.L.C.
KIFLETOAVON COMlnr5S0R&TE
NORTH ACCESS MAD
EASEMENT ECM IBITA
GARFIELD COUNTY
STATE OF' CCWRAdo
iPAWN Br
RPK
cH6cKE6 BY: PROIECPNS":
FWH '212180009
DAM PA=
12312
st.A,.e
1 "" 100'
20F2
FAX;
J,i5oe1 P J/e 12/160609 /DWG /180909AW0
ACCESS AND UTILITY EASEMENT
Rocky Mountain Natural Gas LLC
KNOW ALL MEN BY THESE PRESENTS:
That J&S Nieslanik, LLLP ( "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 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 6 South, 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 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 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 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 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 ") dated December 20, 2012 for the Grantee's
Gas Equipment, This Easement shall terminate upon the termination of that Exclusive Easement. Grantor is hereby
1
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.
(j) 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 riot 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 ..0\ day of {} e , 20 j 2,.
GRANTOR:
' &S Nieslanik, LLLP
\C\ 411.tooAk.t____
Its: L j 1 i (A-
By:
GRANTEE:
ROCKY MO TAIN NATURAL GAS LLC
By:
Its:
STATE OF COLORADO
COUNTY OF GAdi$Jl3
) as
)
5(1P -CPQ.P411*3
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(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.
SHELLY R SR1t4KLOW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID N 20004055530
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Notary -Pu is
2
STATE OF COLORADO )
COUNTY OF-82tRFEETD )
SS
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On this , TA" day of a Qa-et- o-Q , 201 before me, a notary public, in and or said county and state, personally came
the abo e- named, Oo \065 c7 ID i '')'Z ii- as
5N)Qr Cr..S 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.
` 1- 7.-IL1
My Commission Expires Notary Public
3
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VOTItl14 34
MOSTTN0
CRAM- ROAD
ACCESS ROAD. EASEMENT EXHIBIT A
- RIFLE TO AVON COMPRESSOR-SITE-
SECTION 3,TOWNSHIP '3'SOUTH
SECTION 34, TOWNSHIP 6SOUrH,
BINGE B8 WEST OF THE OTH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
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ACCESS Rom) SAVANT
REdEPT10N NO. 706162
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SEC. 3
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SEIJISC1 /4
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SEC. 3
`)EXISTING OVi;RNEAO
TRANSMISSION LINES
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OCAR &N83•47'21°e 1 853.57)
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A 30 FOOT STRIP OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 8 SOUTH,
RANGE 58 WEST AND THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 SOUTH, RANGE 56 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, OOUNTY OF GARFIf LD STATE OF COLORADO; SAIL BTRIP OF LAND LYING 15,0
FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3, A 3 --1/4" BLM ALUMINUM CAP IN PLACE;
THENCE N70'29'80 "W A DISTANCE of 1811,88 FEET TO THE CENTERLINE OF SAID ACCESS ROAD EASEMENT,
THE PRINT OF BEG;NrNING; THENCE ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 95.11 FEET AND A CENTRAL ANGLE OF 03.00'45", A DISTANCE OF 5.00 FEET (CHORD BEARS 51948'38 "E A
DISTANCE OF 5.00 FEET): THENCE CONTINUING ALONG SAID CENTERLINE 81818`18 "E A DISTANCE OF 10.00 '
FEET; THENCE CONTINUING ALONG SAID CENTERLINE: S23•43'00 "E A DISTANCE OF 137.11 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
280.00 FEET AND A CENTRAL ANGLE OF 11`29•'35 ", A DISTANCE OF 8118 FEET (CHORD SEARS S17•44'42"E A
DISTANCE OF 52.07 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S1159'54 "E A DISTANCE OF 81.11
FEET; THENCE CONTINUING ALONG GAIL CENTERLINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
190.00 FEET AND A CENTRAL ANGLE OF 3312'43", A DISTANCE OF 110.14 FEET (CHORD SEARS S0419'28 "W A
DISTANCE OF 108.80 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 62112'49'W A DISTANCE OF 102.82
FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
200,00 FEET AND A CENTRAL ANGLE OF 18'53'16 ", A DISTANCE OF 85,93 FEET (CHORD BEARS S30'39'27 "IV A
DISTANCE OF 85.83 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 100.00 FEET' AND A CENTRAL ANGLE OF 30•59'48", A DISTANCE OF 83.98 FEET (CHORD
BEARS 824'36'11 "W A DISTANCE OF 53.33 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 50910'19 °W A
DISTANCE OF 87.48 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 03'48'05 ", A DISTANCE OF 19.84 FEET (CHORD
GEARS 511'02'61 "W A DISTANCE OF 19.84 FEET): THENCE CONINUING ALONG SAID. CENTERLINE 512'58'23 "W A
DISTANCE OF 24.82 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 14•42'27 ", A DISTANCE OF 37.38 FEET (CHORD BEARS
SC/7'34'10V A DISTANCE OF 37.32 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S0212'57"W A
DISTANCE OF 22.07 FEET; THENCE CONTINUING ALONG SAID CEI•TIERI_INE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 300,00 FEET AND A CENTRAL ANGLE OF 08'42'32 ", A DISTANCE OF 29.99 FEET (CHORD
BEARS 505'0413 "W A DISTANCE OF 29.98 FEET); THENCE CONTINUING ALONG SAID CENTERUNE 507'55'29 "W A
DISTANCE OF 81.16 FEET: THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO WE LEFT HAVING
A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF•D9'3O'04 "1 A DISTANCE OF 49.75 FEET (CHORC BEARS
303'10'27 "W A DISTANCE OF 49,99 FEET); THENCE CONTINUING ALONG SAID CENTERIINE S01'3438 °E A
DISTANCE OF 170.95 FEET; THENCE CMTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 160,00 FEET AND A CENTRAL ANGLE OF' 2841'4.3, A DISTANCE OF 75.12 FEET (CHORD
BEARS S1555'28 'E A DISTANCE OF' 74.34 FEET); THENCE CONTINUING ALONG SAID CENTERUNE 8301818"E A
DISTANCE OF 14.78 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 200,00 FEET AND A CENTRAL ANGLE OF 13'23'24 ", A DISTANCE OF 46.74 FEET (CHORD
BEARS 523`34'36 "E A DISTANCE OF 46.63 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 518'52'64 "E A
DISTANCE OF 79.88 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO TIE RIGHT
HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 04'07'07', A DISTANCE OF 21.58 FEET (CHORD
BEARS 514•49'21 "E' A DISTANCE OF 21.56 FEET); THENCE CONTINUING ALONG SAID CENTERLINE 512'48'47 "E A
DISTANCE OF 32.18 FEET; T1-IENCE CONTINUING ALONG SAID CENTERLINE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS of 300.00 FEET AND A CENTRAL ANGLE OF 09•34'37`, A DISTANCE OF 80.14 FEET (CHORD
SEARS 507'88'28 "E: A DISTANCE OF 60,09 FEET); THENCE CONTINUING ALONG SAID
CENTERLINE S0311'1D "E: A DISTANCE OF 36.26 FEET TO JHS POINT OF JERM,INVS,
(WHENCE THE NORTHEAST CORNER OF SAID SECTION 3 SEARS: N8T'47'21"E
A DISTANCE or 1883.57 FEET), SAID STRIP OF
LAND CONTAINING 1.024 ACRES MORE OR LESS.
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