HomeMy WebLinkAboutConditions of ApprovalPIPELINE AND RIGHT OF WAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That Battlement Mesa Partners, P.O
Box 6000, Battlement Mesa, CO 81635 hereinafter called "Grantor", 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 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 three pipelines, more specifically described as:
a. One (1) twenty -inch gas pipeline
b. One (1) eight -inch water pipeline
c. One (1) six-inch water pipeline
Together with 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:
Township 7 South, Range 95 West, 6th PM
Section 16: SW4SW4 & Section 17: SE/4SE/4
The location of the easement and right-of-way granted is approximately twelve and
one half feet (12.5') on either side of the center pipeline as it runs through the above
referenced lands and is more specifically depicted in Exhibit A attached hereto and
made a part hereof. Grantee shall have the right to use an additional temporary work
space, which shall be an additional width of fifty feet (50.0') along the easement for the
consideration stated 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. Grantee further agrees, upon completion of the pipeline construction, to
provide Grantor an 'as built' survey showing the exact plan and profile of the pipeline
location on the above reference lands.
TO HAVE AND TO HOLD: said easement and right-of-way from said Grantor,
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.
RECEIVED
JUL 3 2606
BUILDING
COUNTY
��NING
Grantee hereby agrees to pay Grantor a one-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 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. Grantor shall not interfere with or impair or permit others to interfere with 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.
Grantee further agrees upon completion of the pipeline installation to restore the
land as nearly as practicable to its original condition in accordance with the practices
outlined in Exhibit B attached hereto and made a part hereof.
Grantee agrees to defend, indemnify and hold Grantor harmless from any and
all third party claims, demands or judgments connected with Grantee's use of the
Property.
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 terms of this Grant.
9.41
WITNESS the signature(s) of the parties hereto on this ,/2 day of
S a f , 2006.
GRANTOR:
Battlement M sa Partners
By:
Its: 2•T‘
�ry -�z•a 'v
GRANTEE:
EnCana Oil & Gas (USA) Inc.
By:
Douglas W. Jones
Its: Attorney in Fact
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY/CITY OF l_\u(-\\1\C,
ss:
The foregoing instrument was acknowledged before me on this \;7)4 day of
Jeal .1 2006, before me by � _ r i c . h r4 c , as
C\ 4 c:r A i r T rn ciiikof Battlement Mesa Partners.
Witness my hand and official seal.
My Commission Expires:
STATE OF COLORADO
COUNTY/CITY OF
The foregoing instrument was acknowledged before me this day of
2006, by Douglas W. Jones, as Attorney -in -Fact of EnCana Oil &
Gas (USA) Inc.
Witness my hand and official seal,
My Commission Expires:
Notary Public
PIPELINE AND RIGHT OF WAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That Sharon Gardner, 1236 302
Road, Parachute, CO 81635 hereinafter called "Grantor", 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
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, -rte, operate, and remove three pipelines, more
specifically described as:
a. One (1) twenty -inch or smaller diameter gas pipeline
b. One (1) eight -inch or smaller diameter water pipeline
c. One (1) six-inch or smaller diameter water pipeline
No above ground appurtenances will be installed on Grantors Property without Grantor's
prior written consent. Underground drips, valves, fittings, and meters, may be installed as
necessary for the operation, over, through, under, to and along the following described
lands in Garfield County, Colorado to wit:
Township 7 South, Range 95 West, 6th PM
Section 20: SE4NW4 & SW/4NE14
The location of the easement and right-of-way granted is approximately twelve and
one half feet (12.5') on either side of the center pipeline as it runs through the above
referenced lands and is more specifically depicted in Exhibit A attached hereto and
made a part hereof. Grantee shall have the right to use an additional temporary work
space, which shall be an additional width of fifty feet (50.0') along the easement for the
consideration stated 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. Grantee further agrees, upon completion of the pipeline construction. to
provide Grantor an 'as built' survey showing the exact plan and profile of the pipeline
location on the above reference lands.
TO HAVE AND TO HOLD: said easement and right-of-way frorn said Grantor,
unto Grantee until one (1) year following the abandonment of the pipelines installed
hereunder.
RECEIVED
JUL 3 t 2005
GARFIELD COUNTY
BUILDING & PLANNING
Grantee shall have all ether 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 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 condition or better upon the premises. Grantee further
agrees to compensate Grantor, at fair market value, for any and all damage to or loss of
Grantor's crops directly resulting from Grantee's operations. 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. Grantor shall not interfere with or impair or permit others to interfere with 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. Grantee agrees upon completion of the pipeline installation to
restore the land as nearly as practicable to its original condition.
Grantee agrees to defend, indemnify and hold Grantor harmless from any and
all third party claims, demands or judgments connected with Grantee's use of the
Property.
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 wrLtten, have been made modifying, adding to, or
changing the terms of this Grant. ./� r, i,E 1)4- _� �`'
WITNESS the signature(s) of the parties hereto on this _ day of
, 2006.
GRANTOR:
Sharon Gardner
GRANTEE:
EnCana Oil & Gas (USA) Inc.
By:
Douglas Jones
Its. Attorney in Fact
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY/CITY OF <7
)
ss:
The foregoing instrument was acknowledged before me on this / day of
. 2006, before me by Sharon Gardner.
Witness my hand and official seal.
My Commission Expires:
STATE OF COLORADO
COUNTY/CITY OF
F.B.R. RUSSO `--1
NOTARY PUBLIC t
_STATE OF COLORADO
emission Fxpiqs 5119/2009
�^----�a
.-12c
Notary Public
ss:
)
The foregoing instrument was acknowledged before me this day of
2006. by Douglas Jones: as Attorney -in -Fact of EnCana Oil & Gas
(USA) Inc.
Witness my hand and official seal.
My Commission Expires:
Notary Public
Cen(edige c
P
;'sph I me 1 x a_IA
ar •C.. :.:v,Yrrr
PIPELINE AND RIGHT OF WAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That Wayne Payton and Alberta
Payton, 702 County Road 303, Parachute, CO 81635 hereinafter called "Grantor",
whether one or more, 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 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, operate, and remove two pipelines, more specifically described as:
a. One (1) sixteen -inch or smaller diameter gas pipeline
b. One (1) six-inch or smaller diameter water pipeline
No above ground appurtenances will be installed on Grantors Property without Grantor's
prior written consent. Underground drips, valves, fittings, and meters, may be installed as
necessary for the operation, over, through, under, to and along the right-of-way on the
following described lands in Garfield County, Colorado to wit:
Township 7 South, Range 95 West, 6th PM
Section 20: EI2NEI4
The location of the easement and right-of-way granted is approximately twelve and
one half feet (12.5') on either side of the center pipeline as it runs through the above
referenced lands and is more specifically depicted in Exhibit A attached hereto and made
a part hereof. Grantee shall have the right to use an additional temporary work space,
which shall be an additional width of fifty feet (50.0') along the easement for the
consideration stated 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. Grantee further agrees, upon completion of the pipeline construction, to
provide Grantor an 'as built' survey showing the exact plan and profile of the pipeline
location on the above reference lands.
TO HAVE AND TO HOLD: said easement and right-of-way from said Grantor,
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
RECEIVE:
JUL 3 1 2006
GARFIELD COUNTY
BUILDING & PLANNING
enjoyment or use of the rights herein granted.
Grantee hereby agrees to pay Grantor a one-time consideration, previously agreed
upon in that letter agreement dated July 14, 2006, 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 condition, or better, upon the premises at the location
specified by Grantor. Grantee further agrees to compact the ground in the areas of
Grantor's irrigated fields that may be damaged by Grantee's operations, to remove all
rock from the right-of-way that measure over 4" in diameter, to consult with the Grantor on
the specific placement of large rock removed from the right-of-way, to maintain weed
control along the right-of-way for three years following construction of the pipelines, to
restrict the use of heavy equipment to the confines of the right-of-way and temporary
workspace and to restore the roads used by Grantee to original or better condition upon
completion of construction. 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. Grantor shall not interfere with or impair or permit others to interfere with 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. Grantor has no restrictions other than the legal and safety
restrictions with respect to Grantor's subsequent installation of utilities across the pipeline
right of way. Grantee agrees upon completion of the pipeline installation to restore the
land as nearly as practicable to its original condition.
Grantee agrees to defend, indemnify and hold Grantor harmless from any and all
third party claims, demands or judgments connected with Grantee's use of the Property.
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, other than that certain letter agreement
mentioned above, have been made modifying, adding to, or changing the terms of this
Grant.
WITNESS the signature(s) of the parties hereto on this day of
, 2006.
GRANTOR: GRANTEE:
EnCana Oil & Gas (USA) Inc.
Wayne Payton
Alberta Payton /
By:
Douglas Jones
Its: Attorney in Fact
ACKNOWLEDGMENT
STATE OF COLORADO
) ss:
COUNTY/CITY OF
The foregoing instrument was acknowledged before me on this ,) 1 ' ` day of
, 2006, before me by Wayne Payton.
Witness my hand and official seal.
My Commission Expires: `,' . \
STATE OF COLORADO
COUNTY/CITY OF
Notary Public \
) ss:
\
The foregoing instrument was acknowledged before me on this :.) i ` day of
d. , 2006, before me by Alberta Payton.
Witness my hand and official seal. •
My Commission Expires:. l t
3
Notary Public
STATE OF COLORADO )
) ss:
COUNTY/CITY OF )
The foregoing instrument was acknowledged before me this day of
, 2006, by Douglas Jones, as Attorney -in -Fact of EnCana Oil & Gas
(USA) Inc.
Witness my hand and official seal.
My Commission Expires:
Notary Public
9
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CCA'RR
C. 20
1915
PFIYAE
BRASS L»
Sag 52'0.3"W,
2646.37'
s.CC C
932 06Y
ALIAv.:w,
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER SECTION FEET TOTAL
Payton Sec. 2C•, T7S R95W '2824.45 2224.45
Total 2824.45
i
LEMIQ
SEECTICN CORNER LOCATED
P.I.
PONT OF 1CIERSECi10N
F.O.S. 1. POINT 01 SECTION UNE
F.0 P.L. POINT ON PROPERTY 1.16E `
SWI/4 NE7/a
SECTION 20
r75 Rl5V/
Owner:
Gardner
Centerline of Pipotine
Right -of -Way
'ui-c :AL:_
NE D',RECT!CN 1 LrHGTt
69 5_2 42
N66'1' 15 E 139. i2
_._ ..._.
_ S591002 -E 129.30
N32_4e3YE! 545.23
.9607:102-E1 65.50
$545:42-E; 121.21
577'0E'Z3'•E! 267.40
N3212 521'01 175.3:1
2.32.15'50" E III 1 2
7.1035451"E!
21001 C` D --_ 780.423
75.56
N2114' 37T.-1 '.9
!102
L110
L111
2117
1115
1114
LI15
1115
1117
1118
1113
...__. 1120
1121
P.O.S.L.
0
NI•VI/4WWI/4
`" SECTION 21
s
773 RS5W
Owner:
b Et .Linn
in
0
to
EI/2 NE7/4
SECTION 20
T7S R95LY
Qwn er:
Poyen
Creek
;5j•C
•
f• C -L
3:r, art
- I _ r' 301,01 Gish
300 150 0 150 300
71111111111
(SCALE IN FEET)
wisirrz
SURVEYING
908 Main Sweet
Evanston, Wyomng 82930
Phone No. (307) 789-4545
/
EXHIBIT A
MAP SHOWING
EnCana 011 & Gas (USA) Inc.
South Parachute Pipeline Right -of -Way
Across Payton Property,
E1/2 NE1/4, Section 20, T7S, R95W, 6th P.M.
GARFIELD COUNTY, COLORADO
IXH/B/TA
Scale: As Shown
Project
No. 05-04-79
Date
Drawn:
7/14/06
Sura 7/13/06
Surveyed:
Latest Revision
Date:
SHEET
1
OF 1
C'0-103, 2800-14
(August 1985)
COC69572, COC69573, (and A -C), Page 1 of 3
Issuing Office
Glenwood Springs Field Office
UNTIED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANTS
SERIAL NUMBERS COC69572 (and Laterals A -C), COC69573 (and Laterals A -C)
I . The COC69572 oil and gas pipeline (and laterals A -C) right-of-ways are hereby granted
pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended, (30 U.S.C. 185). The
related COC69573 water distribution pipeline and produced water pipeline (and laterals A -C)
right-of-ways are hereby granted pursuant to Title V of the Federal Land Policy and
Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
Nature of Interest:
By this instrument, the holder:
Encana Oil & Gas (USA) Inc.
2717 County Road 215, Suite 100
Parachute, Colorado 81635
a. receives a right to construct, operate, maintain, and terminate a buried, up to 20" diameter
steel natural gas pipeline, up to 12" diameter lateral (gathering) pipelines, and related 4"
water pipeline as shown on the map in Exhibit A, described in Exhibit 13, and located in:
6th Principal Meridian
T. 7 S., R. 95 W.
Section 15
Section 16
Section 28
Section 29
Section 30
Section 31
NWSW
S2, NESE
S2
S2, NW
SE, SESW
NW
RECEIVED
JUL 3 1 2006
GARFIELD COUNTY
BUILDING & PLANNING
b. The right-of-way areas granted here are 30 feet wide, total 32,606 feet long and contain
22.46 acres, more or less. An adjacent temporary construction width of 40' (plain pipeline)
and 25' (lateral pipelines) is also granted for one year, containing 29.52 acres, more or less,
and two 50' X 150' temporary use areas, containing .34 acres, more or less
c. This instrument shall terminate on December 31, 2035, approximately 30 years from its
effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified
pwsuant to the terms and conditions of this instrument or of any applicable Federal law or
regulation.
1
COC69572, COC69573, (and A -C) Paget of 3
d. This instrument may be renewed. If renewed, the right-of-ways shall be subject to the
regulations existing at the time of renewal and any other terms and conditions
that the authorized officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early
relinquishment, abandonment, or termination, the provisions of this instrument, to the
extent applicable, shall continue in effect and shall be binding on the holder, its
successors, or assigns, until they have frilly satisfied the obligations and/or liabilities
accruing herein before or on account of the expiration, or prior termination, of the grant.
3. Rental: For and in consideration of the rights granted. the holder agrees to pay the Bureau
of Land Management fair market value rental as determined by the authorized officer
unless specifically exempted from such payment by regulation. Provided, however, that
the rental may be adjusted by the authorized officer, whenever necessary, to reflect
changes in the fair market rental value as determined by the application of sound business
management principles, and so far as practicable and feasible, in accordance with
comparable commercial practices.
Terms and Conditions:
a. These grants are issued subject to the holder's compliance with all applicable
regulations contained in Title 43 Code of Federal Regulations part 2800.
b. Upon grant termination by the authorized officer, all improvements shall be
removed from the public lands within 90 days, or otherwise disposed of as
provided in paragraph (4)(d) or as directed by the authorized officer,
c. Each grant issued for a tern of 20 years or more shall, at a minimum, be reviewed
by the authorized officer at the end of the 20th year and at regular intervals
thereafter not to exceed 10 years. Provided, however, that a right-of-way or
permit granted herein may be reviewed at any time deemed necessary by the
authorized officer.
d. The designs in the grant application and the attached stipulations, plans, and maps
set forth in Exhibits A and B are incorporated into and made a part of this grant
instrument as fully and effectively as if they were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of these
right-of-way grants shall constitute grounds for suspension or termination thereof.
The holder shall perform all operations in a good and workmanlike manner so as
to ensure protection of the environment and the health and safety of the public.
COC69572, COC69573, (and A -C), Page 3 of 3
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of these right-of-
way gran
/1 411.11.ek
aura a or older
Title
(Date)
ature of Au t ori%d Officer
Associate Field Manager
Com^ --0(0
(Effective date of Grant)
"' ',N EXHIBIT A, COC69572, COC69573, (And Laterals A -C) t0
Located in Sections 15, 16, 28, 29, 30, 31, T7S, R95W," 1
Parachute
20" gas and 4" water pipelines
16" gas ar:d 4" water pipelines
i 10" gas and 4" water pipelines
6" gas and 4" water pipelines
ILTSTSTIMERTZANCIMT
Porton
BOA
h
6nrtwtlMra Fenn.
;taegenc
1
—
j
—;1. j '�eafserttFwwcT
-:rN 6i+anetIAa. swc+ Atone
Kern
GG 1t'.
E.6 Abi"ni.
SIR3 1t
Jac; s
27 NaaaInt.
Oaprealc
I1cE,
7-
PIH41
Temporary Use Area
(150'x507
see Detail - Page 2)
a.t
6 er"
— LEGEND —
EnCana Oil & Gas (USA) Inc.
South Parachute Pipeline Extension
T7S, R95W-96W, 6th P.M.
Garfield County, Colorado
SURYEYI NO
a Rah Sired
E,,amun YyT,"*V" g
Ran Na lei) 7534515
Exisfing Road
Existing Pipeline
t xJsling Well Pad
Proposed Road
Proposed Pipeline
A. Proposed Well Pad
DATE: June 20, 2006
SCALE: Not To Seale
PROJECT NO.: 05-0449
SHEET
1
OF 2
DETAIL #1
SCALE 1" = 300'
Temporary Use Area Exhibit
Two -Track Rood
P.1. 24+80.09
S1/2SI/ 11"
SECInae30
RSIEOW P.I. 23+68.72
Onn
BLIJ
Sect k a J0
14,#r TTemporary Use Area
6
N
a•
9
P.I. 22+51.69
Section J1
P.0.51... 26+7449
STL4MR31
n5I6SM
N,ownee
ELM
Centerline of Pipeline
Temporary Right -of -Gray
Use Area
P.I. 18+90.01
+
0
LIN: TA .F
1IP1
0 ILCn0n
LEHOJH
��MsByrt
17120
114
mt`33`62 w
w
117.03
—
L157101106
111.37
—9717115%
. 1P.47
—Tog 4l
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117
EE
�11 N fl9
1ds.
LOCATION MAP
•PL -30
PN -30
F,9 a 1t
Temporary Use Areas -
150' x 50' -31
SCALE' 1" = 2000'
SECTION 30, T7N R95W
DE TAU_ #2
SCALE 1" = 120'
Proposed Presco 8 " Gos &
4- Water Collection Pipeline
Proposed EnGona 4 -
Water Distribution Pipeline
Tyo
BY'
ort' Se
1
24+80.09
1
Proposed EnCona 20"
Noturol Gas Pipeline
is Survey)
o,
Section 30 rias
4
D
mut
a -1
5,a;
++- 0
oto
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in
c O
C
0
m
P.I. 23+68.72
.1. 22+51.69
Section 31
P.O.S.L 20+7149
STA: 18+61.00
(End Temporary Use Areo)
STA: 17+11.00
(Begin Temporary Use Areo)
P.I. 16+80.01
— LEGEND —
EnCana Oil & Gas (USA) Inc.
South Parachute Pipeline Extension
T7S, 1395W -96W, 6th P.M.
Garfield County, Colorado
ATC$
SURVEYING
SOS Melo ewtel
erutak MawpBnoo
Poore Ho Oen lt045e5
-------- FxdsfingHoed
Exisl ng Pipeline
Existing Well Pad
— Proposed Road
— Proposed Pipeline
AL Proposed Well Pad
DATE: June 19, 2076
SCALE: AS SHOWN
PROJECT NO.: 05-04-79
SHEET
2
OF2
EXHIBIT B, STIPULATIONS for Pipeline ROW's
COC69572 (oil and gas) and COC69573 (water) main lines, and laterals A -C.
OVERVIEW: The following stipulations apply to the main 10" to 20" o&g pipeline with its
related 4"water pipeline, and to the up to 12" lateral (gathering) o&g pipelines with their related
water distribution and produced water pipelines. The length of the lateral connecting lines, and
the existing natural gas wells they tie to are as follows (see map Exhibit A): Segment A-464'
ties to PN -29; Segment B-142' ties to PL28; Segment C-600' ties to 29-95; for a total lateral
pipeline corridor length of 1,206'. The main 20" pipeline corridor has a length of 31,400'. The
combired total of main and lateral line corridors is 32,606'.
STIPULATIONS:
I. The pipelines as shown or the Map, Exhibit A, shall be installed to industry and BLM "Gold
Book" standards. The pipelines shall be buried with at least 4' of cover, and within the 30' right-
of-way corridors. Overall temporary construction width shall not exceed 70' on the 20" portion,
and 55' on the other pipelines, with the exception that identified temporary use areas, and
existing roads and disturbed areas of adjacent pipeline corridors may also be used for
construction purposes (sec also stipulation #5 below).
2. Where the proposed Encana pipeline parallels the existing or proposed Canyon Gas pipeline
(C0069055), the nearest of the Encana pipelines shall follow within 15' of the existing or
proposed Canyon Gas pipeline, and utilize previously disturbed pipeline corridor as much as
reasonably possible. The exterior limits of the construction shall he flagged on the ground as
necessary to prevent disturbance outside of the right-of-way.
3. The holder shall request a preconstruction conference with the authorized officer at least seven
days prior to the commencement of construction under this grant. The contact person is .Tint
Byers at the Glenwood Springs Field Office, phone (970) 947-5210. Physical extent of
proposed right-of-way will be surveyed and staked in field prior to pre -work construction
meeting. One purpose of this conference is to determine if any additional special conditions will
be required to limit environmental damage or insure surface stability and drainage.
4.Cullural Resources, EducationfDiscovery Stipulation:
All persons in the area who are associated with this project must be informed that if anyone is
found disturbing historic, archaeological, or scientific resources, including collecting artifacts,
the person or persons will be subject to prosecution.
Pursuant to 43 CFR 10.4(g), the BLM authorized officer must be notified, by telephone, with
written confirmation, immediately upon the discovery Uhlman remains, funerary items, sacred
objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4 (c) and (d), activities
must stop in the vicinity of the discovery and the discovery must be protected for 30 days or until
notified to proceed by the authorized officer.
2
If in connection with operations under this contract the project proponent, his contractors,
subcontractors, or the employees of any of then, discovers, encounters or becomes aware of any
objects or sites of cultural or paleontological value or scientific interest such as historic or
prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent shall immediately
suspend all operations in the vicinity of the cultural or paleontological resource and shall notify
the BLM authorized officer of the findings (16 U.S.C. 470h-3, 36 CER 800.112). Operations
may resume at the discovery site upon receipt of written instructions and authorization by the
authorized officer. Approval to proceed will be based upon evaluation of the resource.
Evaluation shall be by a qualified professional selected by the authorized officer from a federal
agency insofar as practicable. When not practicable, the holder shall bear the cost of the services
of a non-federal professional.
Within five working days the authorized officer will inform the holder as to:
- whether the materials appear eligible for the National Register of Historic Places;
- the mitigation measures the holder will likely have to undertake before the site can be used
(assuming in situ preservation is not necessary); and,
- a time frame for the authorized officer to complete an expedited review under 36 CFR 800.11,
or any agreements in lieu thereof, to confirm through the State Historic Preservation Officer that
the findings of the authorized officer are corect and the mitigation is appropriate.
The proponent may relocate activities to avoid the expense of mitigation and/or the delays
associates) with this process, as long as the new area has been appropriately cleared of resources
and the exposed materials are recorded and stabilized. Otherwise, the proponent will be
responsible for mitigation costs. The authorized officer will provide technical and procedural
guidelines for the conduct ofmitigation. Upon verification from the authorized officer that the
required mitigation has been completed, the proponent will then be allowed to resume
construction.
Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest that are
outside of the authorization boundaries but directly associated with the impacted resource will
also be included in this evaluation and/or mitigation.
Antiquities, historic, prehistoric ruins, paleontological or objects ofscientific interest, identified
or unidentified, that are outside of the authorization and not associated with the resource within
the authorization will also be protected. impacts that occur to such resources, that are related to
the authorizations activities, will be mitigated at the proponent's cost.
Addi tional Specific Cultural Stipu rations:
In order to mitigate adverse affects to the four historic irrigation ditches (on private land) crossed
by the pipeline, boring under these sites is recommended. The holders proposed action includes
boring or tunneling under the private land ditches to maintain ditch bank integrity (Sec
stipulation i! 17 for canal crossings on BLM land).
Archaeological monitoring during construction of the pipeline will need to be undertaken along
with the salvaging of any archaeological materia! or features in the W'/SE Section 16, T. 7S,
R.95 W.
5. The operator shall obtain an agreement with any existing rights-of-way holders prior to any
disturbance or construction of pipeline across or adjacent to any existing right-of-way
6. When saturated soil conditions exist on or along the pipeline route, construction shall be
halted until soil material dries out or is frozen sufficiently for construction to proceed without
undue damage and erosion to soils.
7. The holder will adhere to the specified seed mix and will continue with reclamation
activities, including reseeding if necessary, until BLM's interim reclamation objectives are
achieved.
The holder shall monitor the ROW for the presence of noxious weeds annually during the
growing season (or as frequently as the Authorized Officer determines) for the life of the permit.
After consulting with the authorized officer, the holder shall promptly treat and control any
Garfield County or State -listed noxious weeds which have resulted from the holder's
construction, operation, maintenance or use of the ROW. If chemical control is necessary, use of
pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only
in accordance with their registered uses and within limitations imposed by the Secretary of the
Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written
approval of a plan (Pesticide Use Proposal) showing the type and quantity of material to be used,
the weed (s) to be controlled, method of application, location of storage and disposal of
containers, and any other information deemed necessary by the authorized officer. Emergency
use of herbicides shall be approved in writing by the authorized officer prior to such use.
S. Pipeline warning signs shall be installed within five days of construction completion and prior
to use of the pipeline for transportation of product. Pipeline warning signs are required at all
road crossings. Signs shall be visible from sign to sign along the R/W. For safety purposes each
sign shall be permanently marked with the operator's name and shall clearly identify the owner
(emergency contact) and purpose (product) of the pipeline.
9. Special fire control stipulations may be in affect depending on when construction takes place.
The grant holder shall coordinate with the BLM Authorized Officer and comply with any
applicable fire control measures.
10 . All trash shall be confined in a covered container and hauled to an approved landfill.
Burning of waste or oil is not approved.
11. The holder shall consult with the Anny Corps of Engineers (for 404 permits), and with the
State of Colorado Water Quality Division (for stonnwater permits) prior to commencing
construction activities related with said permits within the proposed action area. Written
documentation to the Authorized Officer is required to indicate that appropriate permits have
been obtained or are not required by the permitting agencies.
4
12. The holder shall comply with all applicable Federal laws and regulations existing or hereafter
enacted or promulgated. in any event, the holder shall comply with the Toxic Substances
Control Act of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances
that arc used, generated by Cr stored on the ROW or on facilities authorized under this ROW
grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40
CFR 761.1-761.193). Additionally, any release of toxic substances (leaks, spills, etc.) in excess
of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section
102b. A copy of any report required or requested by any Federal agency or State government as
a result of a reportable release or spill of any toxic substances shall be furnished to the authorized
officer concurrent with the filing of the reports to the involved Federal agency or State
government. The holder shall comply with applicable State standards for public health and
safety, environmental protection and siting, construction, operation and maintenance, ifthese
State standards arc more stringent than Federal standards for similar projects. Part 117 shall be
reported as required by the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal
agency or State government as a result of a reportable release of spill of any toxic substances
shall be furnished to the authorized officer concurrent with the filing of the reports to the
involved Federal agency or State government.
13 . Alt areas of surface disturbance shall be recontoured to blend with the adjacent natural
tennain and shall be seeded with the following mixture:
Species of Seed
Variety Application Rate (lbs/acre)
Species of Seed Varicty Application Rate (PLS lbs/ac)
4 -wing Salthush Rincon 2.0
Shadscale 2.0
Sandberg bluegrass 1.0
Western wheatgrass Arriba 3.0
Bluebunch wheatgrass P7 3.0
Indian ricegrass Paloma 2.0
Galleta Viva 1.0
Total 14.0 lbs PLS/acre Total
The above rate of application is listed in pounds of pure live seed (PLS)iacre. The seed will be
certified weed free and there will be no primary or secondary noxious weeds in the seed mixture.
Seed will he used within 12 months of testing to assure seed viability. If additional seeding is
required in the year following construction, additional viability tests will be conducted to
determine any need for adjustment of application rates. The operator shall notify the Authorized
Officer 24 hours prior to seeding and shall provide evidence of certification of the seed mix to
the Authorized Officer within 30 days of completion of the seed application.
Prior to reseeding, all disturbed surfaces will be scarified and left with a rough surface. No
depressions will be lea that would trap water and form ponds.
5
The prepared seedbed will be seeded within 24 hours after completing dirt work unless a change
is requested by the operator and approved by the Authorized Officer. VPrepare the seedbed by
contour cultivating 4-6 inches deep. Seed will be applied using a rangeland seed drill with a seed
release and agitation mechanism sufficient to allow seeds of various sizes to be planted at the
proper seeding depths. Drill seed '/ to / inch deep following the contour. Broadcast seeding
will be employed only in areas where drill seeding is unsafe or physically impossible. Broadcast
application rates will be twice that of drilled rates. Immediately after broadcasting, the seed will
be covered to a depth of % to % inch with a harrow or drag bar. All seeding will be conducted
after September 1 and prior to ground frost. Spring seeding will be done after the frost leaves the
ground and no later than May 151x'. If the seeding is unsuccessful, the operator will be required
to make subsequent seedings until the reclamation objectives identified in Appendix I. Surface
Reclamation of the 6/98 GSFO's Draft Supplemental EIS for Oil & Gas Leasing Development
are met.
The seed mix may be modified with approval from the BLM based on site-specific conditions,
the identification of additional useful species for site stabilization, cheatgrass competition, and
winter wildlife habitat needs, species success in past revegetation efforts, and seed availability
and cost. Native species will be used unless they are proven unsuitable for meeting BLM's
reclamation objectives. The reclamation contractor will utilize a seed drill capable of planting
the various types of seeds included in the specified seed unix at the correct depths.
Reclaimed areas will be monitored for revegetation success. The operator will submit an annual
report on the status of reclamation to the Authorized Officer_ Reclamation would be considered
successtul when the objectives described in the Glenwood Springs Resource Area Reclamation
Policy are achieved. Refer to Appendix 1. Surface Reclamation of the 6198 GSFO's Draft
Supplemental EIS for Oil & Gas Leasing & Development (pages I-1 through 1-8). In the case
ofchcatgrass, reclamation will be considered acceptable if cheatgrass and other undesirable
vegetation is less than 5 percent of the cover if the adjacent vegetation is less than 50 percent
undesirables and cheatgrass will be less than 50 percent cover if the adjacent vegetation is more
than 50 percent undesirables (1999 DSEIS).
14. The holder shall place rocks or other barriers as necessary to deter motorized vehicle traffic
onto the pipeline corridor.
15. In order to minimize the potential for attracting Pinyon Ips beetles, any pinyon trees that
would be removed due to construction activities during the Ips beetle active flight season (late
March to early November) shall either be chipped or buried on the site within 24 hours. Grubbed
juniper trees would be re -placed back across the project area to inhibit motorized travel and
provide micro -sites for site rehabilitation.
16. The holder shall hire a construction/reclamation specialist acceptable to BLM, to monitor all
construction and reclamation activities, and report progress and any issues to BLM on a weekly
basis, or more frequently as needed.
17. On any stream/wash crossing on BLM where flowing water is present during construction,
the stream/wash shall be tluned and the new pipe installed under the flume pipe. Once back -
tilling is complete, the flume pipe shall be removed and the banks restored to pre -construction
conditions. On any historic irrigation ditches that may be on BLM, the holder shall bore or
6
tunnel under the ditch to maintain the structural and historica integrity of the ditch, without
disturbing the ditch banks. .Any equipment crossing of the ditch shall also include measures to
protect original ditch bank integrity.
18. To protect winter wildlife habitat, no pipeline construction shall be allowed on BLM
administered lands from December 1 to April 30. Exception: Under mild winter conditions, the
last CO days of the seasonal limitation period may be suspended after consultation with the
CDOiW. Severity of the winter shall be determined on the basis of snow depth, snow crusting,
daily mean temperatures, and whether animals are concentrated on the winter range during the
winter months.
19. Areas containing riparian vegetation shall be avoided, except at stream/wash crossings,
where riparian vegetation shall be replaced as part of site rehabilitation. Disturbances to the
riparian zone shall be re-contoured and reclaimed after installation of pipelines is completed,
with seeding or transplanting native riparian species at a 1:1 replacement ratio.
20. The holder shall minimize dust caused by construction and rehabilitation activities, by
maintaining moisture on the construction site and access roads, or through application of
magnesium chloride or other measures as approved by the authorized officer.
21. The following stipulations relate to reducing visual contrasts in the landscape:
In areas viewed from 1-70, clearing of vegetation may be required to feather and
undulate the edges ofthe corridors (contact Kay Hopkins for specifications. (970) 947-
2812)
Efforts should be made to leave as much existing vegetation as possible to screen the
excavated disturbances especially those that can be viewed from I70, and County Roads
300, 301, 308.
During reclamation, vegetation debris and rocks should be scattered intermittently
throughout the corridor to break up color, texture, and form contrasts.
Final reclamation should incorporate breaking up mono cultures of vegetation and/or soil
caps.
All above ground facilities shall be painted a shale green color.
During the reclamation of cut and fill slopes, efforts should be made to re -contour the
slopes back to the original landscape as much as possible.
Site Specific Mitigation:
T7S, R95 W, Sec. 29; (the portion of line that follows 3,060' of existing Canyon surface
lines): A mitigation plan specific to this section needs to he developed by the holder in
coordination with the BLM (Kay Hopkins,. (970) 947-28I2) to ensure compliance with
VRM objectives incorporating the above design and paint color guidelines.
7
22. Range improvements (fences, gates, reservoirs, pipelines, etc.) shall be avoided if possible.
If range improvements are damaged the holder shall be responsible for repairing or replacing the
damaged facilities.
23. Rock shall be placed within intermittent drainages to stabilize the crossing after pipeline
installation is completed.
24. All persons associated with operations under this authorization must be informed that any
objects or sites of paleontological or scientific value, such as vertebrate or scientifically
important invertebrate fossils, shall not be damaged, destroyed, reproved, moved or disturbed. If
in connection with operations under this authorization any of the above resources are
encountered the proponent shall immediately suspend all activities in the immediate vicinity of
the discovery that might further disturb such materials and notify the BLM authorized officer of
the findings. The discovery must be protected until notified to proceed by the authorized officer.
25. Welded sections of pipe within 200' of any stream or intermittent stream crossing shall be X-
rayed for determination of structural integrity.
26. Alt pipelines (oil & gas, water distribution, produced water) shall be installed concurrently
(during the time surface excavation and pipeline placement is underway, including the related
amended Prcsco COC67281 oil & gas and COC67281A water pipelines). The purpose of this
stipulation is to insure that future pipeline corridor disturbance is not needed to install these
permitted pipelines, and that all construction and reclamation occurs at the stone time.
PIPELINE AND RIGHT OF WAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That Joseph H. Clem and Marian G.
Clem, his wife; whose address is 7416 West Clifton Avenue, Littleton, CO 80128 and
John Colin Clem, Jr. and Barbara J. Clem, his wife; whose address is 3907 Canyon
Lake Drive, Pearland, TX 77581, hereinafter called "Grantor" whether one or more, 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 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 three pipelines, more specifically described as:
a. One (1) twenty -inch gas pipeline
b. One (1) eight -inch water pipeline
c. One (1) six-inch water pipeline
Together with 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:
Township 7 South. Range 95 West. 6th PM Section
15: SE4NW4, SW4NE4, SE4NE4 & NE/4NE/4
The easement and right-of-way granted is twenty-five feet (25.0') in width as it runs
through the above referenced lands and is more specifically depicted in Exhibit A
attached hereto and made a part hereof. The location of the easement shall be
contiguous with and adjacent to the existing Canyon Gas Resources, LLC (Canyon)
pipeline corridor with no gaps between the Canyon pipeline corridor and that of the
Grantee, whether to the northerly or the southerly side of said Canyon pipeline corridor,
as is more specifically depicted in Exhibit A attached. Grantee shall have the right to use
an additional temporary work space, which shall be an additional width of fifty feet (50.0')
along the easement for the consideration stated 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. Grantee further agrees, upon
completion of the pipeline construction, to enter as a matter of public record with the
Assessor's office of the County of Garfield, State of Colorado, and to provide Grantor, an
'as built' survey showing the exact plan and profile of the pipeline location on the above
reference lands.
RECEIVED
AA 3 2006
GARFIELD COUNTY
BUILDING & PLANNING
TO HAVE AND TO HOLD: said easement and right-of-way from said Grantor,
unto Grantee until one (1) year following the abandonment of the pipelines installed
hereunder. At the time of such abandonment, Grantee shall remove all above ground
fixtures attached to the abandoned pipeline which are deemed by Grantee to be safe for
removal.
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 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 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. Grantor shall not interfere with or impair or permit others to interfere with 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 and shall follow the Landowner Specific Stipulations in Exhibit B attached.
Grantee agrees to defend, indemnify and hold Grantor harmless from any and
all third party claims, demands or judgments connected with Grantee's use of the
Property.
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 terms of this Grant.
,, �WITNESS the signature(s) of the parties hereto on this <£b day of
1 , 2006.
H. Clem
GRANTOR:
GRANTEE:
EnCana Oil & Gas (USA) Inc.
BY -
Douglas W. Jones Its:
Attomey in Fact
Marian G. Clem
in Colin Clem, Jr.
a a
Barbara Jean jUem
STATE OF COLORADO
COUNTY/CITY OF
ACKNOWLEDGMENTS
)ss:
The foregoing instrument was acknowledged before me on this day of
, 2006, before me by Joseph H. Clem.
Witness my hand and official seal.
My Commission Expires: J?
MARGARET WITH
Notary Public
State of Colorado
STATE OF COLORADO
COUNTY/CITY OF
Notary Public
))ss:
The foregoing instrument was acknowledged before me on this day of
2006, before me by Marian G. Clem.
Witness my hand and official seal.
>n Expires:
MARGARET WRH
Notary Public
State of Colorado
STATE OF COLORADO
COUNTY/CITY OF
)ss:)
f ,_4J,
Notary Public
The foregoing instrument was acknowledged before me on this day of
A. , 2006, before me by John Colin Clem, Jr.
Witness my hand and official seal.
JVIy Commission Expires:O-nt. \—I
SHELLEY WELCH
Notary Public
_ _STATE TTEXAS__
Exp.
m. . June 17,2009
OF COLORADO
-STATE
) ss:
COUNTY/CITY OF
Notary Public
The foregoing instrument was acknowledged before me on this day of
2006, before me by Barbara Jean Clem.
Witness my hand and official seal.
SHELLFV WELCH
Notary Public
STATE OF TEXAS 'My
Comm. Exp. June 172009
My Commission Expires:
STATE OF COLORADO
COUNTY/CITY OF
)ss:
<X
Notary Public
The foregoing instrument was acknowledged before me this day of
2006, by Douglas W. Jones, as Attomey-in-Fact of EnCana Oil &
Gas (USA) Inc.
Witness my hand and official seal.
My Commission Expires:
Notary Public
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1
EXHIBIT "B" Landowner
Specific Stipulations
GRANTEE agrees to the following stipulations:
1. Any and all construction vehicles, equipment and materials, while not in use shall be
parked or placed on the ROW.
2. GRANTEE, contractors, subcontractors, agents and /or assigns agree to use only
those private roads approved prior to use by the GRANTOR.
All ROW and access roads shall be kept safe and in good order, and shall at all times
be kept free of litter, debris caused as a direct result of GRANTEE'S activities.
3. Except for normal and routine maintenance and repair during construction activities, no
construction equipment shall be repaired or maintained upon subject lands. No motor
fluids will be disposed of on the subject lands.
4. GRANTEE shall be liable for any injury to persons, property or livestock caused by
incident to the operations of GRANTEE, its agents, employees, contractors or
subcontractors on the property, or any extraordinary damages due to spills of
hazardous materials, explosions or any other harmful activity of GRANTEE.
5. All operations shall cease at such time as GRANTOR deems necessary due to
weather, ground conditions or livestock issues. No operations shall be conducted in
muddy conditions to minimize damage to the ground.
6. All gates shall be left as they are found. Gates on the north end of the property may be
locked. Access must be coordinated with tenants.
7. All open holes, lines and ditches shall be fenced or guarded when people or livestock
are present to prevent loss or damage to individuals or livestock.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas vrith the seed mixture listed below. The seed
mixture shall be planted in the amounts specified in pounds of pure live seed (PLS) per
acre.
Species of Seed Variety Pounds/Acre
Western Wheatgrass Arriba 4
Bluebunch Wheatgrass Secar 3
Thickspike Wheatgrass Critana 3
10. GRANTEE Shall be responsible for weed control in all areas disturbed by GRANTEE
throughout the terms of the ROW.
11. Any rocks excavated by GRANTEE shall be distributed or disposed of as follows:
Under 6" in Diameter - to be scattered on surface of ROW
6" to 18" - to be buried, excess to be hauled off by GRANTEE
Over 18" - to be placed at road crossings to prevent travel on pipeline ROW,
excess to be hauled off by GRANTEE. GRANTOR shall be consulted as to
quality of rock placed at such crossings.
Large rocks from adjacent BLM lands shall not be placed on GRANTOR'S
property without consent of GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so the
there are no permanent mounds, ridges, sinks or trenches.
13. Any contact regarding construction or other ROW issues should be directed to the
following:
GRANTOR:
Joseph H. Clem
7416 W. Clifton AV
Littleton, CO 80128-5609
(303) 973-5368
GRANTEE:
EnCana Oil & Gas (USA) Inc.
370 17th Street, Suite 1700
Denver, CO 80202
(720) 876-4551 (Facsimile)
TENANT:
Randy & Teresa Burdick
2862 CR 310
Parachute, CO 81635-9801
(970) 285-7523
14. GRANTOR shall be provided on request with a copy of any transfer of ownership of the
pipeline or right-of-way.
15. GRANTEE shall be responsible for coordination construction activities with tenants and
with providing all necessary notices to Canyon Gas Resources, LLC, Public Service
Company of Colorado, any government agencies and any other easement holders
affecting this ROW and adjacent surface owners.
16. GRANTEE shall be responsible for the maintenance of any areas disturbed by
GRANTEE during construction including crossing of Battlement Ditch, Battlement
Creek, County RoacL302 and any roads, fences, culverts, gates and /or cattle guards,
including any currerfolHatent damages resulting from construction of the pipeline.
17. GRANTEE shall, after twelve consecutive months of non-use of the pipeline built
across, over, under, and through said ROW, permanently abandon said ROW and
remove all related above -ground facilities constructed thereon. Subsurface facilities
constructed thereon shall not be removed; however, pipeline shall be cut and capped
at all property boundaries and a reconveyance and release hereof shall be executed
and recorded, whereupon the ROW and all rights and privileges herein mutually
granted shall be fully cancelled and terminated, except when non-use is caused by acts
or circumstances beyond the control of the GRANTEE.
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
February 10, 2006
Fred Jarman
Garfield County Planning and Building Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Subject: Construct and operate a 20" Natural Gas Gathering Line, 8" water
distribution line, and a 6" water gathering line.
Mr. Jarman,
On Thursday, February 09, 2006, I drove to the proposed location of this project and
found almost all of it will be accessible utilizing existing roads, in the event of an
emergency. There is a small section along the existing North/South pipeline corridor that
is not currently accessible, but the distances are short and I'm sure that a temporary
work/access road will be build to get equipment in and out. Therefore the District will
not need any extra accommodations made during the duration of this project.
If you have any questions regarding this review, I can be reached at the above listed
phone number.
David A. Blair
Fire Chief, GVFPD
Cc: file
Mission Statement
We, the members of the Parachute/Battlement Mesa Volunteer Fire Department, dedicate our efforts to the
protection of the lives, property and environment of the citizens of, and visitors to, the Grand Valley Fire
Protection District
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
February 10, 2006
Fred Jarman
Garfield County Planning and Building Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Subject: Construct and operate a 20" Natural Gas Gathering Line, 8" water
distribution line, and a 6" water gathering line.
Mr. Jarman,
On Thursday, February 09, 2006, I drove to the proposed location of this project and
found almost all of it will be accessible utilizing existing roads, in the event of an
emergency. There is a small section along the existing North/South pipeline corridor that
is not currently accessible, but the distances are short and I'm sure that a temporary
work/access road will be build to get equipment in and out. Therefore the District will
not need any extra accommodations made during the duration of this project.
If you have any questions regarding this review, I can be reached at the above listed
phone number.
David A. Blair
Fire Chief, GVFPD
Cc: file
Mission Statement
We, the members of the Parachute/Battlement Mesa Volunteer Fire Department, dedicate our efforts to the
protection of the lives, property and environment of the citizens of, and visitors to, the Grand Valley Fire
Protection District