HomeMy WebLinkAbout1.1 Application Part 2athcnng System113 EECAD1Civil-StrucRation3l method talcs-3.dwg, Model, 10/192006 9:19:24 PM, rdburrows
104772 -ETC RI
OPEN CHANNEL FLOW CALCULATIONS
STEP 1: EXAMINE WATERSHED & DITCH CHARACTERISTICS
♦ AREA OF WATERSHED= 5, 7tj ACRES
^J �
\ x43,560 sqft/acre= r2 0, 00O SOFT
OUTLET_
EAK FLOW, 50 -yr= g. �/CFS
--�� � DELTA ELEVATION= GO FT
LENGTH OF DITCH= /05'0 FT
AVERAGE SLOPE= 5,7 °Ir;
STEP 2: SELECT MANNING ROUGHNESS COEFFICENT 'n' OF CHANNEL
CONCRETE, SMOOTH FINISH
CONCRETE, ROUGH JOINTS
RUBBLE MASONRY, COBBLE
SMOOTH EARTH
CORRUGATED METAL PIPE
FIRM GRAVEL
NATURAL CHANNEL, GOOD CONDmON
NATURAL CHANNEL W/ STONES & WEEDS
NATURAL CHANNEL, VERY POOR CONDITION
0.011 TO 0.012
0.018 TO 0.017
0.017
0.018
0
0.025
0.035
0.060
STEP 3: DETERMINE CHANNEL GEOMETRY AT VARIOUS DEPTHS
I ITYP
2
12-0
Fr SOFT
DEP H-,. _ AREA -
DEPTH -J..50_ AREA. CD
DEPTH. /. 00 AREA. I.
DEPTH. 0.75. AREA- L f 5
DEPTH. Q, 79 AREA- 0425
DEPTH. 6.22. AREA- 0 .3 71)
DEPTH -0
STEP 4: DETERMINE CHANNEL FLOW AT VARIOUS DEPTHS
FIND FLOW VELOCITY USING CHEZY-MANNING EQUATION:
V•
1.49 (H) •667
— r WHERE:
FOR
FOR
FOR
FOR
FOR
FOR
V. VELOCITY (ft/sec)
n• Mannings roughness noel
rH= Hydraulic radius•Areo/Wat Perimeter (It)
s. slope (dimensionless)
D.667
0= ft, V= 1.49 �, 0 cvn �(`.F* a ft/sec
4.2.13
D=1.4 ft,y. 1.49 (0 15 )0.667 - :/I .0. . ?3I. 17• $r�/eec
v. 1.49 (O. Li' )0.667,x- • 01.5_.13`11 0-1"- 3 .r1 ft/se
c
0.0z }
V• , 49 (oI1 ')0.667 oq r. t' ft/seo
0 02,3
Sir )D.687.1 . S,? . 1%'01. 9 31.PP. r• Ll ft/tea
• #23 l
✓ 1'49 (o IM)°.667/ . 4II.Y . 0.111* 001 5.9 ft/sec
0uzb
STEP 5: PICK FLOW DEPTH THAT MATCHES PEAK FLOW REQUIREMENT:
PEAK FLOW IN 100—YR STORM
Q100 =
OCCURS AT APPROXIMATELY = DEPTH OF I. FT
AND VELOCITY OF APPROXIMATELY (0 FT/SEC
ENGINEER: IZ;ti'Ii' i-kYDATE: /0 •16'!'f
PROJECT NAME: 1101, 4L5 W L
WATERSHED NAME: PlAY\T
DITCH NAME: IA51' DITc
(WE- ST T)11 C h 0-)
HYDRAULIC RADIUS RH DIMENSIONLESS
Fr -AREA / WETTED PERIMETER
WET PER.- RFI .
WET PER.- RH .0•7J
WET PER.- J��•C� RH-J242.011c
WET PER.•f�L RH - 0.1 9 (Hi
WET PER -• TRH . 0 ,1 711 to
WET PER.. 2 RFI ,..±,111 5
0100 - V
Q100 = V
0100 = V
0100 = V
0100 = V
0100 = V
* AREA = * a _ CFS
* AREA =12:55' * 51/ CFS
* AREA = 7If • 1.115x — (o.ONt CFS
* AREA = 5.t0 r 0.615 = 47 z
CFS
* AREA = i •('I 0 "16 = 3, 3l5CFS
* AREA = .L� * 0315= .°74 -CFS
ETC CANYON PIPELINE, LLC
1600 Broadway, Suite 1900
Denver, CO 80202
May 20, 2008
NOTICE OF INTENT TO ACQUIRE AND FINAL OFFER TO PURCHASE
VIA HAND DELIVERY
Williams Production RMT Company
Re: Acquisition of Property Interests by ETC Canyon Pipeline, LLC
Dear Williams Production RMT Company:
As we have previously discussed, ETC Canyon Pipeline, LLC ("ETC") proposes to
construct and maintain pipelines currently estimated to be approximately 10 miles in length to
transport gas or other substances transportable by pipeline through portions of Garfield County
("Project").
Design has progressed to a point that ETC has determined that it intends to acquire certain
property interests. A review of public records indicates that it is necessary to acquire from you
certain property interests for the Project.
Exhibit A contains a legal description of the centerline of the property interests that ETC
intends to acquire from you. ETC intends to acquire a permanent easement thirty (30) feet in
width consisting of fifteen (15) feet on each side of the centerline described in Exhibit A. The
terms of the permanent easement are attached hereto as Exhibit B. ETC intends to acquire a
temporary construction easement of an additional thirty (30) feet in width as set forth in Exhibit A
(see Right -of -Way Limits Box and references made therein). The terms of the temporary
construction easement are included in Exhibit B. The permanent easement and the temporary
construction easement described above and in Exhibits A and B are hereafter collectively referred
to as "Property Interests."
ETC has determined that the acquisition of the Property Interests is necessary for the
Project. This letter provides to you ETC's official Notice of Intent to Acquire the Property
Interests as well as ETC'S Final Offer pursuant to Colorado Revised Statute § 38-1-121.
Notice of Intent to Acquire and Final Offer to Purchase
May 20, 2008
Page 2
I have been selected by ETC to assist it with the acquisition of the Property Interests from
you. ETC desires to enter into negotiations to purchase the Property Interests. If these
negotiations are unsuccessful, ETC may acquire the Property Interests through exercise of it power
of eminent domain.
It is ETC's policy and obligation to pay just compensation for the acquisition of the
Property Interests, as defined in the Colorado Constitution and appropriate Colorado statutes.
ETC has retained the services of an independent fee appraiser, Hunsperger & Weston, Ltd., to
determine just compensation. Conveyance is to be by written agreement executed between you
and ETC.
Pursuant to Colorado Revised Statute § 38-1-121, as amended, (copy enclosed as Exhibit
C), you are entitled to obtain one appraisal from an appraiser of your choosing. ETC will pay the
reasonable costs for your appraisal, provided:
1. The appraisal is made using sound, fair and recognized appraisal practices
consistent with law.
2. Three copies of your appraisal are submitted to ETC along with the appraiser's
invoice, within 90 days from your receipt of this notice.
It is not required that you obtain such an appraisal. ETC recommends that in the event you
wish to pursue such an appraisal on your own behalf, you begin immediately. In order to
eliminate any misunderstanding regarding the reasonableness of your appraiser's qualifications
and fees which would be paid by ETC, we suggest that you provide to our office in advance a
copy of your appraiser's proposal and suggested fee and I will respond accordingly as to ETC's
agreement to pay said fee.
ETC has engaged the services of Hunsperger & Weston, Ltd. to appraise the Property
Interests. ETC hereby offers you the sum of to acquire the Property Interests. ETC's
offer is based on transfer of the Property Interests to ETC unaffected by any liens, encumbrances,
possessory interests or tenancies of any kind. Please note that if it is necessary to acquire the
Property Interests through litigation ETC reserves the right to present evidence based upon the
amount of just compensation determined by its appraiser.
The Final Offer set forth in this letter shall remain open for 14 days from the date of this
letter. ETC prefers to obtain the Property Interests for construction of the Project through
negotiation and with your consent. If we are unable to reach agreement by that time, ETC may
pursue acquisition of the necessary Property Interests through its power of eminent domain.
Notice of Intent to Acquire and Final Offer to Purchase
May 20, 2008
Page 3
Thank you for your cooperation in this matter. Should you have any questions, please do
not hesitate to contact me at (720) 225-4011. In any event, I will be calling you soon to discuss
this matter with you.
Sincerely,
ETC CANYON PIPELINE, LLC
By:
Enclosures:
Arthur Smith,
Manager of Engineering - Projects
Exhibit A - legal description of centerline
Exhibit B - permanent easement terms and temporary construction easement terms
Exhibit C - CRS § 38-1-121
cc: Don Ostrander, Esq.
Elizabeth Rubinstein, Esq.
i
I
WEST I/4 h
CORNER
SEC IIoN
1980 BRASS CAP
GARFIELD CWNTY
SURVEYOR
1)
Q
N
0
EAST 1/4
CORNER
SECTION I
1902 CLO.
BRASS CAP
(0
N s / MIlloms Prod.
Wolf Pod
GSSOUlNWEST
CORNER
SECTION I
1980 BRASS CAP
CAR/IELO COUNTY
SURVEYOR
(WC. 225 w. or
CORNER)
.ZS
Williams Prod. r€ EXISTING PIPELINE (rrP)
Well Pod
See Detail
Centerline of
Proposed Pipeline
N
LO
N
0e
LEGEND
0 PUBLIC LAND SURVEY CORNER
O ANGLE POINT
P.O.B. POINT OF BEGINNING
P.O.E. POINT OF ENDING
N8853'47"W, 5383.46'
504) MEAST
CORNER
SECTION I
1974 BRASS CAP
GARFIELD COUNTY
SURVEYOR
CLIENT:
ETC Canyon Pipeline LLC
SCALE: roil;AS SHOWN 5/16/08 16/08
SURVEYED BY:
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS WILLIAMS PRODUCTION RMT COMPANY PROPERTY,
SECTION 1, T7S, R96W, GARFIELD COUNTY, COLORADO
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11-06
WASATCH SURVEYING ASSOCIATES
ATCH 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT
SHEET
1 of 2
LEGAL DESCRIPTION
A pipeline right-of-way located in the 81/2 of Section 1, T7S, R96W, 6TH P.M.,
Garfield County, Colorado, the centerline of said right-of-way being more particularly
described as follows;
Commencing at the Southeast Corner of said Section 1 and running
thence N 00°44'24"E, 1187.64 feet along the east line thereof to the
POINT OF BEGINNING;
thence N 83°30'54' W, 2163.74 feet;
thence N 76°21'00" W, 220.52 feet;
thence N 69°05'07" W, 177.32 feet;
thence N 85°37'37" W, 177.32 feet;
thence N 80'29'13' W. 83.89 feet;
thence N 69°03'03" W, 324.96 feet;
thence N 64°40'15" W, 307.57 feet;
thence N 59'08'07"W, 1325.72 feet;
thence S 55°55'27" W, 723.04 feel;
thence N 51°33'28" W, 74.51 feet to the POINT OF ENDING, said point lying on
the West line of said Section 1, N 06°29'00"E, 2053.17 feet from the Southwest
corner thereof.
Said centerline being 5578.58 feet In length.
The base bearing for this survey being N 00°44240E, 2664.24 feel between found
monuments at the Southeast corner and the East One -Quarter comer of said
Section 1.
BASIS OF BEARING
The base bearing for this survey is
N 00°4424" E, 2664.24 feet between
found monuments at the Southeast
Corner and the East One -Quarter Corner
of Section 1, T7S, R96W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruits, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
WILLIAMS PROD. RMT CO.
Sec. 1, T7S R96W
5578.58
5578.58
POINT A
Total
5578.58
RIGHT-OF-WAY LIMITS BOX
Reference Points
FROM
TO
Additional
Temporary Work
Space Left
Permanent
Right -of -Way
Left
Permanent
Right -of -Way
Right
15'
Additionol
Temporory Work
Space Right
10'
P.O.B.
POINT A
20'
15'
POINT A
P.OE.
30'
15'
15'
0'
CLIENT
ETC Canyon Pipeline LLC
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS WILLIAMS PRODUCTION RMT COMPANY PROPERTY,
SECTION 1, T7S, R96W, GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN pcEMsi05/16/08
DRAWN BY: CJT
DATE DRAWN: 3/055/08
PROJECT NUMBER: 07-11- 06
SURVEYED BY:
uu
SURVEYING
ATCH
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
EXHIBIT A
SHEET
2 of 2
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to
as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER
VALUABLE CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter
referred to as GRANTEE, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, assign and convey unto said GRANTEE, whose address is 1600
Broadway, Suite 1900, Denver, Colorado 80202, its successors and assigns, a Right of Way
Easement, hereinafter referred to as ROW, to locate, survey a route, clear, entrench, construct,
maintain, operate, and repair and replace as necessary a pipeline with appurtenances including,
but not limited to, above and below ground valves, cathodic protection equipment, and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and
through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision Section Township Range
SI/2 1 7S 96W
This ROW shall be thirty (30) feet in width, more particularly described as a permanent
easement encumbering fifteen (15) feet of land on each side of the centerline described in
Exhibit A, attached hereto and incorporated herein by reference. An additional thirty (30) feet
of temporary construction easement ROW shall be necessary, is hereby acquired by the
GRANTEE and is more particularly described in Exhibit A (see Right -of -Way Limits Box and
references made therein). The temporary construction easement shall expire one year from the
date of execution of this Right of Way and Easement Agreement.
This ROW shall carry with it GRANTEE's rights and benefits necessary or convenient
for the full enjoyment or use of the rights herein granted, including, but not limited to, right of
ingress and egress to and from, and access on and along said ROW, with the right to use existing
roads, for the purposes of locating, surveying, constructing, operating, inspecting, testing,
repairing, altering, and maintaining the facilities and the removal or replacement of same at will,
either in whole or in part, and the replacement of said pipeline with either like or different size
pipe, and the right to cut all trees, undergrowth, and other obstructions that, in its judgment, may
injure, endanger or interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the
land and be binding upon GRANTOR, its heirs, executors, administers, personal representatives,
legal representatives, successors, and assigns, and may be assigned by GRANTEE, either in
whole or in part, subject to the terms hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and
removal of all improvements constructed thereon, execute and record a reconveyance and release
EXHIBIT
hereof, whereupon this ROW and all rights and privileges herein mutually granted shall be fully
cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for
the purposes herein granted, but such use shall not hinder, conflict or interfere with GRANTEE's
surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation,
obstruction or structure shall be constructed nor be pennitted for construction, created or
maintained on, over, along or within said ROW without prior written consent of GRANTEE.
GRANTOR further agrees not to change the grade or otherwise remove dirt from the surface of
said ROW without prior written consent of GRANTEE.
GRANTOR hereby agrees that consideration received for this ROW fully compensates
GRANTOR for all rights herein granted, as well as surface damages resulting from construction
of the facilities.
GRANTOR represents and warrants that it is the owner in fee simple of the land herein
described, and that the land herein described is not encumbered by any deeds of trust, mortgages,
liens, encumbrances, possessory interests or tenancies of any kind.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are
without authority to make any covenant or agreement not herein expressed and this ROW, as
written, covers all agreements and stipulations, between the said parties, and no representations
or statements, oral or written, have been made modifying, adding to, or changing the terms
hereof
It is hereby understood that the parties executing this ROW on behalf of GRANTOR
have authority to bind GRANTOR.
IN TESTIMONY WHEREOF, the GRANTOR, herein has executed this conveyance this
/' day of JU/2e_ , 2008.
GRANTOR:
Williams Production RMT Company
A Colorado Limited Liability Company
By:
Joseph P. arrett
Attorney -In -Fact
2
GRANTEE:
ETC Canyon Pipeline, LLC
Manager of Engineering - Projects
THE STATE OF COLORADO
CONTY OF !i0/7kt7
The foregoing instrument was acknowledged this // day of JCI f7 , 2008,
before me, a notary public, in and for said county and state, personally came the above-named
Joseph P. Barrett as Attorney -In -Fact for Williams Production RMT Company who is personally
known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
eakt
h
IN WITNESS WHEREOF I have hereunto set my hand and affixed my nota�§�2l;th
day and year above written.
My Commission Expires:
THE STATE OF COLORADO
Notary Public in and for
The State of Colorado
CONTY OF -1)(i)ye I'
The foregoing instrument was acknowledged this/7 day of_1,1 tube> , 2008,
before me, a notary public, in and for said county and state, personally came the above-named
Arthur Smith as Manager of Engineering - Projects for ETC Canyon Pipeline, LLC who is
personally known to me and known to me to be the identical person whose name is affixed to the
above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the
day and year above written.
My Commission Expires: Z/// / (,
Notary Public ifi and fo
The State of Colorado
§ 38-1-121. Appraisals --negotiations
(1) As soon as a condemning authority determines that it intends to acquire an interest in
property, it shall give notice of such intent, together with a description of the property
interest to be acquired, to anyone having an Interest of record in the property involved. If
the property has an estimated value of five thousand dollars or more, such notice shall
advise that the condemning authority shall pay the reasonable costs of an appraisal
pursuant to subsection (2) of this section. Such notice, however, need not be given to any
of such persons who cannot be found by the condemning authority upon the exercise of due
diligence. Upon receipt of such notice, such persons may employ an appraiser of their
choosing to appraise the property interest to be acquired. Such appraisal shall be made
using sound, fair, and recognized appraisal practices which are consistent with law. The
value of the land or property actually taken shall be the fair market value thereof. Within
ninety days of the date of such notice, such persons may submit to the condemning
authority a copy of such appraisal. The condemning authority immediately upon receipt
thereof shall submit to such persons copies of its appraisals. If the property interest is being
acquired in relation to a federal aid project, then the appraisals submitted by the
condemning authority shall be those which have been approved by it pursuant to applicable
statutes and regulations, if such approval is required. All of these appraisals may be used by
the parties to negotiate in good faith for the acquisition of the property Interest, but neither
the condemning authority nor such persons shall be bound by such appraisals.
(2) If an appraisal is submitted to the condemning authority in accordance with the
provisions of subsection (1) of this section, the condemning authority shall pay the
reasonable costs of such appraisal. If more than one person is interested in the property
sought to be acquired and such persons cannot agree on an appraisal to be submitted under
subsection (1) of this section, the condemning authority shall be relieved of any obligation
herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this
section.
(3) Nothing in this section shall be construed as in any way limiting the obligation of the
condemning authority to negotiate in good faith for the acquisition of any property interest
sought prior to instituting eminent domain proceedings or as in any way limiting the
discovery rights of parties to eminent domain proceedings.
(4) Nothing in this section shall prevent the condemning authority from complying with
federal and state requirements to qualify the authority for federal aid grants.
(5) Nothing in this section shall be construed to limit the right of the condemning agency to
institute eminent domain proceedings or to obtain immediate possession of property as
permitted by law; except that an eminent domain proceeding may not proceed to trial on
the issue of valuation until the ninety -day period provided in subsection (1) of this section
has expired or the owner's appraisal has been submitted to the condemning authority,
whichever is sooner.
(6) If the parties involved in the negotiations fall to reach agreement on the fair market
value of the property being acquired, the condemning authority, prior to proceeding to trial
on the issue of valuation, shall furnish all owners of record a written final offer.
EXHIBIT
C
Exxon:Aobil
Global Services Company
Global Real Estate and Facilities
P.O. Box 2567
Houston, Texas 77252-2567
TO: Mr. Chuck Lurvey
Wagon Wheel Consulting Inc.
111 E. 3rd Street, Suite 213
Rifle, CO 81650
We are transmitting to you the following:
Ronald M. Smith
Operations Manager
Phone: (281) 654-6183
Fax: (281) 654-6392
obi!
Date: 6/19/2008
Overnight: 4 -
Regular Mail:
for your records
4 for your handling
as requested
Description & Comments:
Enclosed for your files and recordation is a fully executed original Easement and
Right -of -Way Agreement for the ETC Canyon Pipeline project across the lands of
ExxonMobil in Garfield County, Colorado.
We have received the easement compensation in the amount of $58,965.39.
When available, please send me a recorded copy for my files. Thanks for your
assistance in this regard.
TRANSMTLDOC
Copies to:
•
16825 Northchase Drive, Suite 200
Houston, Texas 77060
An ExxonA9obil Subsidiary
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS EASEMENT AND RIGHT-OF-WAY AGREEMENT, dated effective this /8 — t day of
, c 2008, is made by and between Exxon Mobil Corporation, a New Jersey
corporation ("EMC"), and ExxonMobil Oil Corporation (formerly known as Mobil Oil
Corporation), a New York corporation ("EMOC"), both located at 16825 Northchase Drive, Suite 200,
Houston, Texas 77060 (EMC and EMOC being sometimes collectively referred to herein as
"GRANTOR"), and ETC Canyon Pipeline, LLC, a Delaware limited liability company, located at
1600 Broadway, Suite 1900, Denver, Colorado 80202 ("GRANTEE").
EMC owns the fee lands that are described or depicted on Exhibit A as lands of "Exxon Mobil
Corporation" or "Exxon" (the "EMC Lands"). EMOC (an affiliate of EMC) owns the fee lands that are
described or depicted on Exhibit A as lands of "Mobil Oil " or "Mobil" (the "EMOC Lands"). The
Easement and Right -of -Way that is granted below traverses both the EMC Lands and the EMOC Lands.
In the interest of simplicity, EMC and EMOC are jointly entering into this Agreement, rather than
executing separate easement documents covering their respective fee lands. Notwithstanding EMC's and
EMOC's joint execution of this Agreement and their collective characterization as "Grantor" herein, all
references in this Agreement to "Grantor" (either expressly or as a "party") shall refer (a) to EMC with
respect to the EMC Lands (and the rights and obligations applicable thereto), and (b) to EMOC with
respect to the EMOC Lands (and the rights and obligations applicable thereto).
WITNESSETH:
For and in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant,
bargain, convey and confirm unto Grantee an Easement and Right -of -Way together with the right to
construct, lay, maintain, operate, alter, replace remove the following:
• I Pipeline, 24 -inches in diameter, including but not limited to valves, regulators, meters, separators,
purification equipment and pipeline with fittings, appliances, and appurtenant facilities. The Pipeline
will be used for the transportation and processing of oil, natural gas, petroleum products or any other
liquids, gases or substances which can be transported through a pipeline and for no other purpose.
The approximate route of the Pipelines are depicted by the map on the Exhibit "A", attached hereto and
made a part hereof. The Easement and Right of Way will be 30 feet in width, being 15 feet on each side
of a center line of the right-of-way, for a total distance of approximately 19,458.58 feet. During the
period of pipeline construction, Grantee will have the right to use an additional strip of land 30 feet in
width along and on either side of the Easement and Right of Way described in this Agreement, except
where Grantee's activities will interfere with irrigation ditches, streams or creeks. Grantee will bury the
pipeline with a minimum of 36 inches of soil from the top of the pipeline to the normal surface of the
ground. The affected areas must be re-contoured and reseeded with species which are consistent with
adjacent, undisturbed areas upon completion of construction to prevent erosion. Grantee is permitted to
Exxon/Mobil Canyon 4/10/08
cut all undergrowth and other obstructions that may injure, endanger or interfere with the Easement and
Right of Way.
The lands that are the subject of the above described Easement and Right -of -Way, are hereafter referred
to as "Subject Lands". Grantor reserves the right to the full use and enjoyment of the Subject Lands as
long as such use does not interfere with the purposes herein granted.
The foregoing rights and privileges of Grantee are further conditioned upon the following:
1. DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its
operations on the Subject Lands relative to growing crops, buildings, ditches, fences and livestock of
Grantor or Grantor's surface lessees. If Grantee makes any fence cut on the Subject Lands, it will
install and provide for secure closure of gates. Grantee shall notify Grantor's current surface lessee,
Tony Pressler, (970) 640-3321 or (970) 285-1070 of any activity which may impact their use of the
Subject Lands and adjoining acreage. All gates of any kind or nature shall be kept by Grantee in the
condition in which they were found upon entry. If Grantee discovers an open gate then Grantee will
close the gate and notify Tony Pressler. This provision shall apply to subsequent surface lessees upon
Grantee's receipt of written notice of the new surface lessee from Grantor. If requested by Grantor,
Grantee will also install a cattle guard of sufficient size and substance to bear Grantee's traffic and to
turn all livestock. All equipment or appurtenances to the pipeline or wells, which shall be on or above
the surface of the ground, shall be installed in a manner to protect the livestock of Grantor or
Grantor's surface lessee when necessary. Grantee shall not alter the natural flow of any creeks,
streams, or irrigation ditches relative to the Subject Lands.
2. MAINTENANCE: All access roads, fences, and gates impacted by Grantee's use or operations
which are subject to this Agreement shall be maintained by Grantee in as good condition as exists at
the time of execution of this Agreement. Grantor shall give Grantee written notice of degradation or
damage to the Subject Lands caused by Grantee's operations. Within a reasonable time after
receiving written notice (not to exceed 15 days), if Grantee fails to repair or restore the roads, fences
or gates to the condition described above and Grantor performs remediation or restoration on the
Subject Lands, Grantee shall reimburse Grantor for all costs associated with such remediation or
restoration within fifteen (15) days of receipt by Grantee of an itemized invoice for such services.
3. NON-EXCLUSIVE USE AND RESERVATIONS: This Agreement and all other rights hereby
granted are not exclusive to Grantee and are limited to the specific grant herein. This Agreement
does not, in any way whatsoever, convey any water rights or the right to use water. Grantor reserves
unto itself and its successors and assigns all rights not specifically granted to Grantee herein.
4. AGRICULTURAL LIABILITY: Grantee shall take reasonable precautions to avoid damage to
agricultural operations on or adjacent to the Subject Lands. Grantee shall have and assumes liability
for all cattle, crops or chattel lost as a result of Grantee's operations on the Subject Lands.
5. LOCAL SPECIES/HABITAT LIABILITY: Grantee shall have and assumes liability for all
endangered species, protected species, wildlife habitat and bio -diversity damaged or destroyed as a
result of Grantee's operations on the Subject Lands.
6. LIABILITY OF THE PARTIES: Grantee covenants and agrees to fully defend, protect, indemnify,
and hold harmless Grantor, its officers, directors, employees and agents, from and against each and
every claim, demand or cause of action and liability, cost and/or expense (including but not limited to
Exxon/Mobil Canyon 4/10/08
reasonable attorney's fees and costs incurred in defense of Grantor, its officers, directors, employees
and/or agents), for damage or loss in connection therewith, which may be made or asserted by
Grantee, Grantee's officers, directors, partners, members, employees and/or agents, or which may be
asserted by any third party (including but not limited to Grantor's officers, directors, employees
and/or agents), on account of personal injury or death or property damage caused by, arising out of, or
in any way incidental to, or in connection with Grantee's use of the Subject Lands or the rights
granted hereunder, except to the extent such damage or injury results from the actions of Grantor, its
contractors, agents or assigns. Where personal injury, death, or loss of or damage to property is the
result of the joint actions of Grantor and Grantee, Grantee's duty of indemnification shall be in
proportion to its allocable share of such action.
It is expressly agreed that the indemnity obligation specifically includes, but is not limited to, claims
arising under the provisions herein entitled Agricultural Liability above, and all federal laws and
regulations including but not limited to the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C.A.§9601 et. seq. and amendments, Resource Conservation and Recovery
Act, 42 U.S.C.A. §6901 et. seq. and amendments, Safe Water Drinking Act, 42 U.S.C.A. 300f et. seq.
and amendments, Toxic Substances Control Act, 15 U.S.C.A.§2601 et. seq. and amendments, Clean
Water Act, 33 U.S.C.A. §1251 et. seq. and its amendments, Clean Air Act, 42 U.S.C.A. §7401 and
amendments, Natural Gas Pipeline Act, 49 U.S.C.A. 1671 et. seq. and amendments, Hazardous
Liquid Pipeline Safety Act, 49 U.S.C.A. 2001 et. seq. and amendments, and all state and local
environment laws, rules and regulations.
Neither party shall be liable to the other for any damages due to fire, earthquake, flood, windstorm
and other like casualty or other causes beyond its reasonable control, nor for damages caused by
public improvements or condemnation proceedings. Notwithstanding the foregoing, neither party
shall be required to settle a labor dispute against its will.
7. LAWS, RULES AND REGULATIONS: Grantee shall at its sole expense comply with all federal
laws and regulations as well as those of the State of Colorado and any other governmental authority
having jurisdiction over Grantee's activities on the Subject Lands.
8. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, transfer,
purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Grantee or
its contractors, sub -contractors, agents, business invitees or other visitors while on the Subject Lands
or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and
other weapons upon the Subject Lands or adjacent lands is absolutely prohibited.
9. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or
adjacent lands and no such rights are granted by this Agreement.
10. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for damages
to water wells, water tables, natural springs and running watercourses and water tanks within a one-
quarter (1/4) mile radius of the Grantee's drilling operations insofar as damage can reasonably be
determined to be the result of Grantee's operations.
11. NOTICE: Any notice or written demand to be given to Grantor or Grantee may be delivered in
person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom
Exxon/Mobil Canyon 4/10/08
intended as follows:
Exxon Mobil Corporation
ExxonMobil Oil Corporation
Attn: Ronald M. Smith, Global Real Estate
16825 Northchase Dr., Suite 200
Houston, TX 77060
(281) 654-6183
(281) 654-6392 (fax)
ETC Canyon Pipeline, LLC
Attn: Arthur Smith
1600 Broadway, Suite 1900
Denver, Colorado
(720) 225-4000
Either party may give written notice designating a different address to substitute for the one above
specified when necessary. Notice shall be deemed given upon receipt.
12. TERM: Grantee shall provide Grantor a written statement on or before each anniversary of this
Agreement concerning Grantee's use or non-use of the Subject Lands. This Agreement shall
terminate and all rights hereunder revert to Grantor when the Subject Lands have not been used by
Grantee for the purposes herein granted for a period of two (2) years, except when non-use is caused
by acts or circumstances beyond the control of Grantee. Surviving any termination it shall be
Grantee's obligation to restore and reclaim all land affected by Grantee's activities (i) to the extent
required by applicable law or regulation; or (ii) to the extent reasonably practicable and economic, to
its equivalent prior condition, whichever of (i) or (ii) is greater including, but not limited to, the
removal of facilities. At a minimum, the affected areas shall be re-contoured and reseeded with
species consistent with adjacent, undisturbed areas in a manner sufficient to prevent erosion.
13. GOVERNING LAW: This Agreement and all matters pertaining hereto, including, but not limited
to, matters of performance, non-performance, breach, remedies, procedures, rights, duties and
interpretation or construction, shall be governed and determined by the laws of the State of Colorado.
14. MISCELLANEOUS: The consideration paid by Grantee to Grantor for this Access Agreement is set
forth in that certain Letter Agreement between the parties dated v/, /c 1' . This Agreement
contains the entire agreement between Grantor and Grantee and any 'prior oral representations or
understanding concerning this Agreement or its subject matter shall be of no force and effect.
This Agreement is subject to all contracts, leases, liens, easements and encumbrances or claims of
title which may affect the Subject Lands and nothing contained herein shall be construed as a
covenant or warranty against the existence of any thereof.
The terms and provisions of this Agreement shall extend to and be binding upon the parties, their
respective heirs, successors, legal representatives and third -party assigns; provided, however, no
assignment by Grantee of the rights or obligations hereunder shall be made without Grantor's prior
written consent, which shall not be unreasonably withheld. If Grantor consents to such assignment, it
shall not be effective until Grantor has received an instrument or letter executed by Grantee and its
assignee evidencing that such assignment has occurred and that such assignee has assumed all the
obligations hereunder. Notwithstanding anything in this Agreement to the contrary, Grantee shall
have the right, in its sole discretion, to assign to any affiliate or subsidiary following written notice to
Exxon/Mobil Canyon 4/10/08
Grantor of such proposed assignment.
IN WITNESS WHEREOF, the parties have executed this Easement and Right -of -Way Agreement the
day and year indicated below but effective on the date first set forth above.
GRANTOR:
GRANTOR:
EXXON MOBIL CORPORATION EXXONMOBIL OIL CORPORATION
By: By:
Anthony J. Tavano Anthony J. avano
Agent and Attorney -in -Fact
Date: 6 i f; A. T•
GRANTEE:
ETC CANY Iv PIPELINE, LLC
Agent and Attorney -in -Fact
Date:
Arthur Smith
Date: V/2 972,t0
STATE OF TEXAS
COUNTY OF HARRIS
i ft
ACKNOWLEDGEMENTS
The foregoing instrument was acknowledged before me on this a day of
2008 by Anthony J. Tavano, Agent and Attorney -in -Fact for EXXON MOBIL CORPORATION, a New
Jersey corporation, on behalf of said corporation.
My Commission Expires: \%(9,1
MELISSA WHITAKER
$ "`' Notary Public, State of Texas
My Commission Expires
S'afiet February 22, 2012
Exxon/Mobil Canyon 4/10/08
STATE OF TEXAS
COUNTY OF HARRIS
)
)
)
The foregoing instrument was acknowledged before me on this nay day of ,
2008 by Anthony J. Tavano, Agent and Attorney -in -Fact for EXXONMOBIL OIL CORPORATION, a
New York corporation, on behalf of said corporation.
My Commission Expires: 24a -a- j &
STATE OF COLORADO
COUNTY OF GARFIELD
)
)
)
The foregoing instrument was acknowledged
Arthur Smith as Manager of Engineering - Projects
limited liability company, on behalf of said company.
My Commission Expires: 7-/f-X?a//
Notary Public
;io�xr Pori
MELISSA WHITAKER
Notary Public, State of Texas
My Commission Expires
February 22, 2012
before me on this S day of ,4jt( 2008 by
for ETC CANYON PIPELINE,rLLC, a Delaware
'Ay Comm. Expires 7'/ `7 -„1;
Exxon/Mobil Canyon 4/10/08
C,
NORTHWEST
CORNER
SECTION 5
921 G L a
BRASS CAP
512
SECTION 32. T6S R95W
Owner: EXXON MOBIL
Williams Prod.
Well Pad
558'18'06"W 2503'
P.O.S.L.
(2237 45)
Owner: EXXON MOBIL I
S55'42'32"W, 611.11'
o 115/lioms Prod. / Centerline of
ry Proposed Pipeline
o Well Pod
'n ^ - 561' 6'50'W 661.31'
'/9, 3
3' gwi 1,_,549'04'13"W 136.83'
M ^y n -2/NI 'A'
h1 ,, S611'32'36'W, 79305'
32
i
56156'30"W, 297
558'18'06"W
h
to
EAST 1/4 4,
CORNER
SECTION J2
1921 G.L.O.
BRASS CAP •
54512'30'W, 969.22'
See DetailWIliams
Well Pad Prod.
((' EX/ST/NG PIPELINE (TYP)
EXIST/NG POWERLINE (TIP)
S87'56'107, 5313.77' Section 32,
260.46'
N
N88'47'S4'W, 14685'
o co
roro
oco
51•1
WEST r/44
CORNER
SEC RON 5
STONE
LEGEND
PUBLIC LAND SURVEY CORNER
O ANGLE POINT
P.O. P. POINT OF BEGINNING
P.O.E POINT OF ENDING
--5
O
it
ao
O
^'1
Ni
h
0)
cy
N
!')
O
O
NORTHEAST
CORNER
SECTION 5
1921 610
TsS, R95 BRASS CAP
Section 5, T7S, R95W
Detail (Not to Scale)
LIENT
ETC Canyon Pipeline LLC
SCALE.
AS SHOWN
URVEYED BY
REVISION:
3/10/08
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS EXXON MOBIL CORP PROPERTY SECTIONS 5 & 6, T75, R95W
& SECTION 32, T65, R95W, GARFIELD COUNTY, COLORADO
DRAWN BY: CJT
DATE DRAWN:
PROJECT NUMBER: 07-11— 06
0WASATCH SURVEYING ASSOCIATES
ATCU 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT A
SHEET
1 of 3
8
8
V
N
N00°4424""E, 2664.24"
O
e
IP
2
WEST 1/4
CORNER
SECTION 6
1902 CLO
BRASS CAP
Owner MOBIL OIL
Properly Line
/
al Owner' EXXON MOBIL
—
/
511'32'06"W, 1871
Owner: EXXON MOBIL
00
N
Centerline of
Proposed Pipeline
EXISTING POWERLINE (TYP)
-APPROX. PROPERTY LINE
/
POINT 'B'
(€ EXISTING P/PEUNE (TIP)
NORTHWEST
CORNER
SECTION 5
/921 C.E.O.
BRASS CAP
o Williams Pr
e Q Well Pad
9
n 3 0)
3 h
h
z
W
CORNER
SECTION 6
1974 BRASS CAP
GARFIELD COUNTY
S88'39'45 "E, 2587.17'
LEGEND
PUBLIC LAND SURVEY CORNER
O ANGLE POINT
P.O.B. POINT OF BEGINNING
P.0 E. POINT OF ENDING
,SOUTH 1/4
CORNER
SECTION 6
STONE
h
0 N81
m
oro m
o�
D
N 111
Co tta
ST 1/4 —
CORNER
SECTION 5
STONE
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION RULISON TO ENTERPRISE PIPELINE
ACROSS EXXON MOBIL CORP PROPERTY SECTIONS 5 & 6, T7S, R95W
& SECTION 32, TES, R95W, GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN
REVISION:
3/10/08
DRAWN BY: CJT
DATE DRAWN' 3/05/08
PROJECT NUMBER: 07-11-- 06
SURVEYED BY:
eSWASATCH SURVEYING ASSOCIATES
nal 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT A
SHEET
2 of 3
LEGAL DESCRIPTION
A pipeline right-of-way located in the 81/2 of Section 32, TES, R95W, the NW1/4 of
Section 5, and the E1/2 & the S W1/4 of Section 6, T7S, R95W, 6TH P.M., Garfield
County, Colorado, the centerline of said right-of-way being more particularly
described as follows:
Commencing at the Southeast Corner of said Section 32 and running
thence N 00°4158"E, 1513.30 feet along the east line thereof to the
POINT OF BEGINNING;
thence S 82°53'03" W, 77.49 feet; thence S 45°12'30" W, 969.22 feet;
thence S 85°10'16" W, 351.05 feet; thence S 87°24'19"W, 142.57 feet;
thence S 86°18'52" W, 232.23 feet; thence S 84°21'41' W, 185.89 feet;
thence S 71°27'44" W, 616.18 feet; thence S 62°23'41' W, 573.16 feet;
thence S 61°56'30" W, 297.37 feet; thence S 58°18'06' W. 75.03 feet to a point
lying on the North line of said Section 5, said point lying S 87°56110"E, 2237.45
feet from the Northwest corner thereof;
thence continuing S 58°18'06" W, 260.46 feet; thence S 55°42'32"W, 611.11 feet;
thence S 61°1650" W, 661.31 feet; thence S 49°04'13' W, 136.83 feet;
thence S 62°32'36" W, 793.05 feet; thence N 88°47'54' W, 148.85 feet to a point
lying on the East line of said Section 6, said point lying, S 01°08'06" W, 1331.94
feet from the Northeast corner thereof;
thence continuing N 88°4754' W, 54.20 feet; thence S 45°55'32" W, 378.42 feet;
thence S 62°57'55" W, 210.84 feet; thence S 63°5746" W, 722.63 feet;
thence S 59'50'24" W, 182.57 feet; thence S 82°38'24' W, 1255.53 feet;
thence S 11 '32'06" W, 187.12 feet; thence S 56°07'05"W, 352.29 feet;
thence S 59°2448" W, 29201 feet; thence S 58°40'21' W, 193.17 feet;
thence S 75°13'58" W, 81.05 feet; thence S 79°31'56" W, 140.22 feet;
thence S 57°36'29' W, 262.39 feet; thence S 52°00'05" W, 687.08 feet;
thence N 75°07'04' W, 107.09 feet; thence N 82°17'12"W, 219.81 feet;
thence N 83°24'11" W, 105.20 feet to the POINT OF ENDING, said point lying on
the boundary line common to Exxon Mobil and Mobil Oil properties, N 28°3555"E,
1333.39 feet from the Southwest corner of said Section 6.
Said centerline being 11563.41 feet in length.
The base bearing for this survey being N 00°41'38" E, 2654.96 feet between found
monuments at the Southeast corner and the East One -Quarter corner of said
Section 32.
RIGHT-OF-WAY LIMITS BOX
PROPERTY OWNER
Reference Points
FROM
TO
Work Spoce
Left
Work Space
Right
P.O.B.
POINT "A"
25'
35'
POINT "A"
POINT "B"
30'
30'
POINT "B"
POINT "C"
25'
35'
POINT "C"
POINT "D"
30'
30'
POINT "D"
P.O.E.
35'
25'
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET TOTAL
Sec. 32, T6S R95W
3520.18
EXXON MOBIL
Sec. 5, T7S R95W
2611.62111563.41
Sec. 6, T7S R95W
5431.61
Total 11563.41
BASIS OF BEARING
The base bearing for this survey is
N 00°4138" E, 2654.96 feet between
found monuments at the Southeast
Comer and the East One -Quarter Corner
of Section 32, T6S, R95W.
CERTIFICATE OF SURVEYOR
1, Ted Taggart of Fruita, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION' RULISON TO ENTERPRISE PIPELINE
ACROSS EXXON MOBIL CORP PROPERTY SECTIONS 5 Sc 6, T7S, R95W
& SECTION 32, T6S, R95W, GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN IREwslD3/10/08
DRAWN BY. CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11— 06
SURVEYED BY:
ATCli
SURVEYING
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
EXHIBIT A
SHEET
3 of 3
LEGEND
PUBLIC LAND SURVEY CORNER
o ANGLE POINT
P.O.B. POINT OF BEGINNING
P.O.E. POINT OF ENDING
i
8
0
0
8
0
0
0 -
0
REST 1/4
CORNER
SECTION 33
1921 01.0
BRASS CAP
0, Co
n TN
N N
S7805'57"W. 178.06
Edge of Pond
O
8
Section 33
Section Line
EAST I/4
CORNER
SECTION 33
1982 ALUM CAP
L5 74070
v
Tn N n N.
3Q O nr
,---,---,--1,62g9.. wtl tory b— O— VI -co 'co2- C
ry b ry 3 '3 N" r...5,,?; ✓_I • 2 O co n O
QON O 3 p 3; i 33.N N h bY3 Cr(0YU
3 N O 3 3 i3 3 pO M
in E No V1 N. N. M -co nf� NO^ 3 - 3 33 �. �J O O
O Oa N O N. N`SN_J is �Op^ :P10 v N i.`"Nh O; i}
M 33 !'1 b N 2 O n,O pVpyyinulMn aN h ^t V •.:11:.:, c pjEi
VOi Vml Z 2V1`+,�/I 1/2
V in 10
_ _ 2 to 22i 2z22°)41.6
N00'4138"E
0
'i
w)
Existing Pipeline (typ)
Centerline of
Proposed Pipeline
51/2
SECTION 33, T6S R95W
Owner: MOBIL OIL
\-Williams Prod.
Well Pad
Existing
Fence (typo)
Owner: MOBIL OIL
SOUTHNST
CORNER
S CC➢0N 33
1921 GL0
BRASS CAP
WUTHEA ST
CORNER
SECTION 33
1978 BRASS CAP
GARFIELD COUNTS
SURVEYOR
S89'17'24"E,
2617 96'
SOUTH 1/4
CORNER
SECTION 34
CALCULATED
CLIENT:
ETC Canyon Pipeline LLC
SCALE. AS SHOWN [REvlslo 3/10/08
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS MOBIL OIL PROPERTY SECTION 33 & 34.
T6S, R95W, GARFIELD COUNTY, COLORADO
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11-06
SURVEYED BY:
WASATCH SURVEYING ASSOCIATES
ATC/ 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT A
SHEET
1 of 4
LEGAL DESCRIPTION
A pipeline right-of-way located in the S1/2 of Section 33, and the SW1/4 of
Section 34, T6S, R95W, 6TH P.M., Garfield County, Colorado, the centerline of
said right-of-way being more particularly described as follows:
Commencing at the Southwest Corner of said Section 34 and running
thence S 89°1724" E, 1740.33 feet along the South line thereof,•
thence N 00°42'36"E, 1785.89 feet to the POINT OF BEGINNING, said point
lying on the Southerly bank of the Wilcox Canal;
thence S 84°4740' W, 175.70 feet; thence N 67°27'55" W, 98.87 feet;
thence N 84°47'22"W, 80.06 feet; thence S 80°4729" W, 168.54 feet;
thence S 85°1327" W, 281.40 feet; thence S 78°3849" W, 231.56 feet;
thence N 42°13'57" W 213.27 feet; thence N 48°01'02" W, 56.82 feet;
thence N 68°14'47" W, 67.02 feet; thence S 79°01'58" W, 436.76 feet;
thence S 85°1127" IN, 36.83 feet to a point lying on the East line of said Section
33, said point lying N 00°54'45"E, 1832.23 feet from the Southeast corner
thereof
thence continuing S 85°1127" W, 80.72 feet; thence N 86°0217"W, 73.08 feet;
thence N 79°58'18' IN, 130.03 feet; thence N 76010113" W, 283.23 feet;
thence N 53021149" W, 200.43 feet; thence S 70°2127"W 272.41 feet;
thence $ 62°5445" W, 313.97 feet; thence S 87°3625" W, 410.40 feet;
thence S 89°28'42" W, 516.03 feet; thence N 83°50'45"W 290.20 feet;
thence N 84°18'12" W, 641.14 feet; thence N 84°00'20" W, 239.11 feet;
thence N 83°05038" W, 148,24 feet; thence N 60°44'01" W, 94.78 feet;
thence N 84°4122"W, 338.76 feet; thence S 85°46'33" W, 81.35 feet;
thence S 80°26'22" W, 564.23 feet; thence S 78°15'57" IN, 178.06 feet;
thence S 81°12'05' W, 274.89 feet; thence S 82°53'03" W, 273.94 feet to the
POINT OF ENDING, said point lying on the west line of said Section 33,
N 00°41138" E, 1513.30 feet from the Southwest corner thereof.
Said centerline being 7251.83 feet in length.
The base bearing for this survey being N 00°54'45" E, 2712.81 feet between
found monuments at the Southeast corner and the East One -Quarter corner of
said Section 33.
RIGHT-OF-WAY LIMITS BOX
PROPERTY OWNER
Reference Points
FROM
TO
Work Space
Left
Work Space
Right
P 0_8
P 0.E
25'
35'
Total
7251.83
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
MOBIL OIL
Sec. 33, T6S R95W
5405.00
7251.83
Sec. 34, T6S R95W
1846.83
Total
7251.83
BASIS OF BEARING
The base bearing for this survey is
N 00°5445" E, 2712.81 feet between
found monuments at the Southeast
Comer and the East One -Quarter Corner
of Section 33, T6S, R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruits, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION
SCALE: AS SHOWN
SURVEYED BY:
*EVISION:
3 /10/08
DRAWN BY. CJT
RULISON TO ENTERPRISE PIPELINE
ACROSS MOBIL OIL PROPERTY SECTION 33 & 34.
T6S, R95W, GARFIELD COUNTY, COLORADO
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11-06
AEIG
SURVEYING
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
EXHIBIT A
SHEET
2 of 4
WEST 1/9
CORNER
SECTION 6
1902 C.L.O.
BRASS CAP
Extolling Powerline (typ)
Existing Pipeline (typ)
Property Line--
Centerline of
Proposed Pipeline
P.O.E.
N00.44'24 "E,
Section Line
,L8'17Z
9
V
Edge o!
Exist. Road (typ)
/
/
/
Owner MOBIL OIL
SOUTHWEST
CORNER
SECTION 6
1979 BRASS CAP
GARFIELD COUNTY
SURVEYOR
(610.75)
S88'39'45"E, 2587.17'
Owner EXXON MOBIL
/
/
2 /
9
/
/
/
/
SOUTH 1/4
CORNER
SECTION 6
^
V STONED
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS MOBIL OIL PROPERTY SECTION 6, T7S, R95W,
GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN
SURVEYED BY
REVISION:
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11— 06
01� WASATCH SURVEYING ASSOCIATES
Mtn 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT A
SHEET
3 of 4
LEGAL DESCRIPTION
A pipeline right-of-way located in the S W1/4 SW 1/4 of Section 6, 77S, R95W, 6TH
P.M., Garfield County, Colorado, the centerline of said right-of-way being more
particularly described as follows:
Commencing at the Southwest Corner of said Section 6 and running
thence S 88°39'45" E, 610.75 feet along the South line thereof,
thence N 01°20'15"E, 1185.29 feet to the POINT OF BEGINNING;
thence N 83°24'11"W, 441.25 feet;
thence S 51°35'49" W, 77.22 feet;
thence N 83°30'54"W, 124.87 feet to the POINT OF ENDING, said point lying on
the West line of said Section 6, N 00°4424"E, 1187.64 feet from the Southwest
corner thereof.
Said centerline being 643.34 feet in length.
The base bearing for this survey being S 88°39'45" E, 2587.17 feet between found
monuments at the Southwest comer and the South One -Quarter corner of said
Section 6.
RIGHT-OF-WAY LIMITS BOX
PROPERTY OWNER
Reference Points
FROM
TO
Work Space
Left
Work Space
Right
P.O.B.
POINT "A"
35'
25'
POINT "A"
P.O.E.
30'
30'
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
MOBIL OIL
Sec. 6, T7S R95W
643.34
643.34
Total
643.34
BASIS OF BEARING
The base bearing for this survey is
S 88°39'45" E, 2587.17 feet between
found monuments at the Southwest
Corner and the South One -Quarter
Corner of Section 6, T7S, R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruits, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
CLIENT.
ETC Canyon Pipeline LLC
DESCRIPTION
RULISON TO ENTERPRISE PIPELINE
ACROSS MOBIL OIL PROPERTY SECTION 6, T7S, R95W,
GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN
REVISION:
008
DRAWN 8Y. CJT
DATE DRAWN. 3/05/08
PROJECT NUMBER: 07-11— 06
SURVEYED BY:
0WASATCH SURVEYING ASSOCIATES
EMU 906 MAIN STREET. EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT A
SHEET
4 of 4
RIGHT OF WAY AGREEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
FOR AND IN CONSIDERATION of the sum of Ten and No/100 Dollars ($10.00) and other good and
valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, TOSCO
Corporation hereinafter referred to as Grantor, does hereby grant unto ETC Canyon Pipeline, LLC,
hereinafter referred to as Grantee, its successors and assigns, a nonexclusive thirty (30) foot wide easement
("Easement") to, as applicable, lay, maintain, inspect, alter, repair, operate, protect, replace, relay, and
remove or abandon in place, in Grantor's sole option, a) one twenty-four (24) inch natural gas pipeline for the
transportation of natural gas thereof (all rights granted herein being collectively referred to as the "Purpose");
upon, through and under the following described land, situated in GARFIELD County, State of COLORADO,
to wit:
Subdivision Section Township Range
SW1/4SW1/4 25 6S 95W
SE1/4S/E1/4 26 6S 95W
S1/2 34 6S 95W
35 6S 95W
(the "Property")
THE PIPELINE SHALL BE LAID IN ACCORDANCE WITH THE CENTERLINE
DESCRIPTION DESCRIBED AS EXHIBIT "A" AND THE PLAT DESCRIBED AS EXHIBIT
"B", BOTH OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF.
together with the rights of ingress and egress to and from said Easement over and across existing roads on
the Property for the Purpose. Any existing roads damaged by Grantee shall be repaired and left in the same
condition as before use, including, but not limited to grade, drainage, gravel base, and cattle guard, fence and
gate conditions. Grantor shall have the right to fully use and enjoy the Property except as to and consistent
with the rights granted herein.
This grant is subject to all grants, easements, leases, mineral leases or rights, reservations, rights
and rights-of-way heretofore reserved or granted and/or now existing on the Property and is further made
without warranty of title, express or implied.
Grantor shall not construct or permit to be constructed any house, structures or permanent
obstructions that unreasonably interfere with the construction, maintenance or operation of any pipeline or
appurtenances constructed hereunder.
The Easement herein granted is subject to the following terms and conditions:
1. Grantee shall pay for damages to the fences, roads, premises, or improvements of Grantor
or third party(ies), caused by the exercise of Grantee's rights under this Agreement. Grantee shall maintain a
twenty five (25) foot clearance between its pipeline and any other existing pipelines located on the described
land.
2. Grantee agrees to bury its pipeline to a depth not less than forty eight (48) inches,
measured from the top of the pipeline to the average level of the original ground on the two sides of the
Right -of -Way to Others.doc (November 2003)
ditch in which said pipeline is laid and where said pipeline crosses an irrigation ditch or canal, the top of
the pipeline shall be buried at least sixty (60) inches below the lowest point of the channel where said
pipeline crosses any such ditch or canal. Grantee shall place water bars on all slopes to protect against
erosion.
3. Grantee shall provide Grantor with an as built centerline survey of Grantee's pipeline across
the Easement and made a pad hereof. The beginning and ending points of the survey shall be tied to
property corners by angles and distance and tie points shown at every pole.
4. In the event Grantor determines, in its sole discretion, that its business or operations will
require or benefit from the use of any portion of the Easement, Grantee, at its sole risk and expense, shall
relocate all or any part of said pipeline, as applicable, within 90 days after notification from Grantor. In such
event, Grantor shall furnish Grantee with a suitable alternative right of way across the Property at no
additional cost, subject to the terms herein. Grantee agrees, in the event of such relocation request by
Grantor, that it shall restore the surface disturbed thereby as nearly as practicable to the condition thereof
prior to the disturbance.
5. GRANTEE COVENANTS AND AGREES TO FULLY PROTECT, RELEASE, INDEMNIFY,
DEFEND AND FOREVER HOLD GRANTOR, ITS PARENT, SUBSIDIARIES AND AFFILIATES,
CONTRACTORS AND SUBCONTRACTORS, THEIR SUCCESSORS AND ASSIGNS, AND EACH OF
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
(HEREINAFTER COLLECTIVELY REFERRED TO AS THE "INDEMNIFIED PARTIES"), HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, FINES, PENALTIES, DAMAGES,
SUITS, CAUSES OF ACTION JUDGMENTS, COSTS AND EXPENSES (INCLUDING ATTORNEYS'
FEES, COSTS OF LITIGATION AND/OR INVESTIGATION AND OTHER COSTS ASSOCIATED
THEREWITH), AND LIABILITIES, OF EVERY KIND, (COLLECTIVELY REFERRED TO HEREAFTER
AS "CLAIMS"), INCLUDING WITHOUT LIMITATION THOSE RELATING TO INJURY OR DEATH OF
ANY PERSONS WHOMSOEVER, AND/OR DAMAGE (INCLUDING ENVIRONMENTAL DAMAGE) TO,
LOSS OF, OR CONTAMINATION OR POLLUTION OF, ANY PROPERTY OR RESOURCE, THAT MAY
BE MADE OR COME AGAINST THE INDEMNIFIED PARTIES BY REASON OF OR IN ANY WAY
ARISING OUT OF THE PURPOSE, REGARDLESS OF THE CAUSE OR CAUSES THEREOF,
INCLUDING WITHOUT LIMITATION WHETHER THE SAME IS CAUSED BY OR CONTRIBUTED TO BY
THE INDEMNIFIED PARTIES' JOINT OR CONCURRENT NEGLIGENCE OR FAULT (WHETHER
IMPOSED BY STATUTE, RULE, REGULATION OR OTHERWISE) AND STRICT LIABILITY, EXCEPT
TO THE EXTENT ANY SUCH CLAIMS ARE CAUSED BY THE INDEMNIFIED PARTIES' SOLE
NEGLIGENCE OR WILLFUL MISCONDUCT.
6. In the event Grantee abandons the rights granted herein, all rights granted herein shall
terminate and Grantee shall, at the written request of Grantor, execute a proper recordable instrument
evidencing such termination. The rights herein granted shall be deemed abandoned if: (a) Grantee does not
construct its pipeline within one (1) year from the date hereof; or (b) after completion of construction,
Grantee's pipeline is not used for the Purpose herein granted at any time for a continuous period of one (1)
year. Upon termination of the rights herein granted, at Grantor's sole option, Grantee shall either remove its
pipeline from the Easement or abandon the pipeline in place.
7. After completion of construction and whenever repair or maintenance is made on its
pipeline, Grantee shall restore the ground disturbed thereby as nearly as practicable to the condition thereof
prior to the disturbance. Grantee shall not store or dispose of any materials, substances or debris on the
Easement, including without limitation, any rocks, brush, branches, or trees which Grantee may have cleared.
8. All exhibits referenced herein, unless otherwise noted, are attached hereto and made a
part hereof for all purposes.
Right -of -Way to Others.doc (November 2003) 2
9. No waiver of the provisions hereof shall be effective unless in writing and signed by the
party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect
of any subsequent breach or default, either of a similar or dissimilar nature, unless expressly so stated in
writing.
10. This Agreement is intended solely for the benefit of the parties hereto and shall not create
any rights, including without limitation any third party beneficiary rights, in any third party.
11. In the event any provision or any portion of any provision of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable by reason of any law or public policy, such
provision or portion thereof shall be considered to be deleted, and the remainder of this Agreement shall
constitute the entire agreement between Grantor and Grantee covering the subject matter hereof.
12. This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado, without regard to conflicts of law principles that might apply the law of another
jurisdiction.
13. This Agreement contains all of the agreements and stipulations between Grantor and
Grantee with respect to the granting of the Easement, and the same shall inure to the benefit of and be
binding upon Grantor and Grantee and their respective successors and assigns; provided, however, that
Grantee shall not have the right to assign this Agreement or any of its rights hereunder, in whole or in part, by
operation of law or otherwise, without the prior written consent of Grantor, which consent shall not be
unreasonably withheld.
14. Any notice, request, instruction or other document to be given hereunder by either party to
the other shall be in writing, and delivered personally, by telecopy, by messenger or by certified mail,
postage prepaid, return receipt requested as follows:
If to Grantor, addressed to:
With a copy to:
If to Grantee, addressed to:
ConocoPhillips Company
Real Property Administration
PO Box 7500
Barltesville, OK. 74004-7500
ConocoPhillips Company
Director, PTRRC Rockies Region
PO Box 358
Borger, TX. 79008-0358
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, CO. 80202
720-225-4000
Either party may change its representative or the address to which notice shall be directed by appropriate
written notice to the other party in the manner described above.
15. Grantee shall notify Grantor on or before the seventh (7th) day preceding any entry onto
the Property for any non -emergency operations by the Grantee, its agents or contractors in the event an
emergency requires that Grantee, it agents or contractors immediately enter the Property, Grantee shall
make all reasonable efforts to notify Grantor of such entry. In either case, such notification shall include
notification of the time of entry, the anticipated duration of entry, the location or locations of operations, the
type and number of equipment involved and the routes to be used from public roads to the location or
locations of the operations. Grantee shall comply with any reasonable request of Grantor to alter the
Right -of -Way to Others.doc (November 2003) 3
routes to be used from public roads to the location or locations of the operations.
16. There shall be no above -ground installations or structures on the Easement, except
markers and/or cathodic testing stations at fence lines, roadway, streams or ditches, without the express
written consent of Grantor.
EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the
q day of <3{±444 20Q (the "Effective Date").
GRANTOR
TOSCO Corporation
By: ..).- e -j
Title: Michael J. Moore
Attorney -in -Fact
GRANTEE
ETC Canyon Pipeline, LLC
By: A/ r(
Title: Arwr Jh r ` t.
i ria (..)e / [ E '&14.
11
STATE OF TEXAS
Right -of -Way to Others.doc (November 2003) 4
tom.
COUNTY/PARISH§
On this Jo, day of - 200 , before me
undersigned officer, personal) ppeared 77ti< 2 e a..aLe , known to me (or
satisfactorily proven) to be the person whose name is sublscribed as Attorney In fact, of TOSCO
Corporation, and acknowledged that he/she, as such Attorney In Fact, being authorized so to do, executed
the foregoing instrument as the act of his/her principal for the purposes therein contained, by signing the
name of the said TOSCO Corporation by himself/herself
as Attorney In Fact.
co -TA Y PUBLIC
Notary Public in and for oC4f'�
County/Parish
y commission expires:
f,
STATE OF COLORADO §
COUNTY/PARISH OF Dc• v c v §
FRAN BRADEN
NOTARY PUBUO,
STATE. Of TEXAS
Int -1.1-2012
On this E,4day of'--r'+`-H.'6Ly200jS', before me Ct-LJ :1 � tx- -C-5- the
undersigned officer, personally appeared Arthur Smith, known to me (or satisfactorily proven) to be the
person whose name is subscribed as Manager of Engineering - Projects, of ETC CANYON PIPELINE,
LLC, and acknowledged that he/she, as such Manager of Engineering - Projects, being authorized so to
do, executed the foregoing instrument as the act of his/her principal for the purposes therein contained, by
signing the name of the said ETC CANYON PPIPELINE LLC, himself/herself as Manager of Engineering -
Projects.
NOTARY PUBLIC
Notary Public in and for
County/Parish
My commission expires:
/3/-aci L.
Right -of -Way to Others.doc (November 2003) 5
CF -ERIE LEE HENLEY
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 61312012
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 48 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free
of litter and debris caused as a direct result of GRANTEE'S activities.
6. 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.
7. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected
by GRANTOR.
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRAN 1 EE throughout
the term of this ROW.
11. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
14. Notice by either party hereto shall be promptly given orally, and if necessary or possible,
confirmed in writing and mailed to:
GRANTOR:
ConocoPhillips Company
Real Property Administrator
P.O. Box7500
Bartlesville, OK 74004-7500
With a copy to:
ConocoPhillips Company
Director, PTRRC Rockies Region
P.O. Box 358
Borger, TX 79008-0358
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Right -of -Way to Others.doc (November 2003) 6
o
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I
26
olVEST
I/4
CORNER
LEGENDI
SECTI0
aro. 2s
aro. BRASS CPP
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W
LL
PUBLIC LAND SURVEY CORNER
0 ANGLE POINT
P.O.B. POINT OF BEGINNING
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P.O.E. POINT OF ENDING
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SECTION 26, Thy R95W
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Owner: PUCKETT LAND CO. (60%)
& TOSCO CORPORATION (40%)
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Section 26 CALCULA TEO N88.4609"W pOSL� /
N88'46'09"W, 2703.99' s6cnON 3s – -
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NORTHWEST
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SECTION
1921
BRASS
35
O.L O.
CAP
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ry
I Section 35 1173.980
55503'41'4. 448.65' / ( /
I 553'48'48`4, 791.90' / / /
/ •
/ <
I Williams Prod.
156274'22'W, 95.63' Well Pod
553'41'19"W. 126.30' /j ^ ,"
54715'54'W, 143.43' = /
�/ Exis(ing Pipeline
n See Detail
b Williams Prod.
588'44'16"E,�
NORTHEAST 4'
1102.1
CORNER
SECTION 35
1921 6.LO.
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PUCKETT LAND
60. (60%) &
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Well Pad
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IT)
;'>
Tosco CORP. (40%)
/
o e -
Cen ferline of
Proposed Pipeline
W
W
UJ
NEST
CORNER4
SECTION
STONE
p
Z
35
J/lly/
a .`". 553'3 '�W,
'0 N \ 57934'44"W,
H N - j 55328'34"W. 176.63'
/ / r 5872'26"W, 293.05'
N l.
i7
R v Williams Prod.
3 e // Well Pod
{ w
II
]o.3s'
218.85'
Detail (Not to Scale)
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SOUTHWEST CORNER
35
1978 CAP CARFIELD
COUNTY
SURVEYOR 33V
(WC. 278' N. OF
/ CORNER)
/
E�Ce
ed P• �P`/ /
ihe
EAST",r. CORNER `
\
SECTION 35
FOUND REBAR
In
elj
N
N
3
In
0
o
U1
SOUTHEAST
CORNER
SECTION 35
®/
2000 ALUM. CAP
OPLS
28643
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS PUCKETT LAND COMPANY (60%) & TOSCO CORPORATION (40%)
SECTIONS 25, 26, 34, & 35, T6S, R95W, GARFIELD COUNTY, COLORADO
SCALE:
AS SHOWN
7EV1510N:
4/17/08
DRAWN BY: CJT
DATE DRAWN: 3 0j 08
/
PROJECT NUMBER: 07-11— 06
SURVEYED BY. //� WASATCH SURVEYING ASSOCIATES
�''v-ATM 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
�/(�
EXHIBIT A
SHEET
1 of 3
LEGAL DESCRIPTION
A pipeline right-of-way located in the SW1/4 SW1/4 of Section 25, the SE1/4
SEI/4 of Section 26, the 51/2 of Section 34, and Section 35, TES, R95W, 6711
P.M., Garfield County, Colorado, the centerline of said right-of-way being more
particularly described as follows:
Commencing at the Southwest Comer of said Section 25 and running
thence S 88°44'16"E, 1102.14 feet along the south line thereof,
thence N 01'15'44"E, 1027.81 feet, more or less, to the POINT OF BEGINNING;
thence N 50°08'55" W, 312.62 feet; thence S 50°51'09' W, 1132.55 feet to a
point lying on the East line of said Section 26, said point lying N 00°4334"E,
488.65 feet from the southeast corner thereat
thence continuing S 50°51'09" W, 407.27 feet; thence S 79°19'53"W, 74.22 feet;
thence S 57°45'07" W, 236.29 feet thence S 85°19'09' W, 563.91 feet
thence S 55°03'41"W, 35.68 feet to a point lying on the north line of said Section
35, said point lying N 88°46'09"W, 1173.98 feet from The northeast comer
thereof,
thence continuing S 55°03'41' W, 448.65 feet
thence S 53'4848" W, 791.90 feet; thence S 62°24'22' W, 95.63 feet;
thence S 53°41'19"W, 126.30 feet; thence S 47°15'54' W, 143.43 feet
thence S 53°31'8' W, 1158.45 feet; thence S 5320'03" W, 70.35 feet;
thence S 79°3444"W, 218.85 feet thence S 532834'W, 176.63 feet;
Thence S 582226" W, 293.05 feet thence S 56'1634' W, 128.72 feet
thence S 26°46'09" W, 591.20 feet thence S 58'49'43' W, 1129.58 feet
thence S 74°544' W, 30.20 feet to a point lying on the East line of said Section
34, N 00°3753" E, 2144.44 feet from the southeast corner thereof
thence continuing S 74°5447 W, 604.85 feet;
Thence S 833347' W, 256.14 feet thence S 84'27146"W, 891.35 feet
thence N 83°21'16"W, 1030.60 feet; thence S 53.1629' W, 811.85 feet
thence S 84'47'40" W, 200.08 feet to the POINT OF ENDING, said point lying on
Me Southerly bank of the Wilcox Canal, N 44°58'11"E, 2493.62 feet from the
Southwest corner of said Section 34.
Said centerline being 1196024 feet In length.
The base bearing for this survey being S 00°4124' W, 2748.13 feet between
found monuments at the Northeast corner and the East One -Quarter corner of
said Section 35.
RIGHT-OF-WAY LIMITS BOX
Reference Points
FROM
TO
Work Space
Left
Work Space
Right
P.O.B.
POINT "A"
30'
30'
POINT "A"
P.O.E.
25'
35'
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
PUCKETT LAND COMPANY (60%)
TOSCO CORPORATION (40%)
Sec. 25, T6S R95W
1445.17
Sec. 26, T6S R95W
1317.37
Sec. 34, T6S R95W
3794.86
Sec. 35, T65 R95W
5402.94
11960.34
Total
11960.34
LIEN T:
ETC Canyon Pipeline LLC
hSCALE: ENSION:
AS SHOWN 4/17/08 I DRAWN BY: CJT
PURVEYED BY:
BASIS OF BEARING
The base bearing for this survey is
S 00°41'24"W, 2748.13 feet between
found monuments at the Northeast
Corner and the East One -Quarter Corner
of Section 35, T6S, R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruits, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS PUCKETT LAND COMPANY (60%) & TOSCO CORPORATION (40%)
SECTIONS 25, 26, 34, & 35, 165, R95W, GARFIELD COUNTY, COLORADO
DATE DRAWN:
3/05/08
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 62930
(307) 789-4545
PROJECT NUMBER: 07-11-06
EXHIBIT A
SHEET
3 of 3
A TrFiNTAr r. c --0
At.
THIS EASEMENT AND RIGHT -OF 's'\Y AGREEMMIEt' is entered into and effective the i"/'i
day c.l'_ -rT 2008, between Puckett Land Company, 5460 South Quebec Street, Suite I/250,
Cnee nwood Village, CO 801 1 1 (` ORAl..,.OR") and ETC Canyon. Pipeline, LLC, 1600
Broadway, Suite #1900, Denver, CO 80202 ("GRANTEE").
RECITALS
A. Grantor rr rresents but does not warrant that it owns an interest in the s'; ace estate to the
nronerty described below ("Subicet Lands") and located in GAgneto County, Stare of
Colorado described as follows:
Subdivision Section Towmshio Range
SWI/4SW1/4 25 65 95W
SEl/4S E}/4 26 6S 95W
S1/2 34 65 95W
35 6S 95W
B. Grantee desires to obtain a pipeline easement ("the Easement") for the purpose of
constructing, maintaining and operating a natural gas pipeline ("New Pipeline") for the gathering
and/or transportation of oil, gas and other hydrocarbons across the Subject Lands.
AGREEME 1-' T
In consideration of the foregoing recitals and the to --s, covenants and conditions contained
herein, Grantor and Grantee armee as follows:
CONS: 3ERl i ON: Grantee shall pay Grantor a one-time payment on the date of execution of
this agreement, the sum of. , , proportionally reduced by Grantor's interest in the
property, if less than 100% ownership (actual ownership is 60% of or ft times
(1,961 ft, = and a payment of ./acre for 2 staging area estimated to be 60% of4
acres = /. Said consideration covers Grantees use of the right-of-way to install a
pipeline, which is herein recited and reflected on the attached Exhibit "A".
PIPELINE & RIGI'T-OF-WAY: An easement and right-of-way to construct, lay, maintain,
modify, operate, alter, replace, rer..ove the New Pipeline, including but not limited to valves,
regulators, meters, separators, purification equipment end pipeline with fittings, appliances, and
appurtenant facilities. Staging areas err not gnawed under this easement. The pipeline shall be
used for the transportation and processing of oil, nst raj gas, petroleum products or any other
liquids, eases or substances which can be transported through a pipeline and for no other
purpose. The centerline of the route for the pipeline easement granted herein is depicted on
Exhibit "A", attached hereto and made a part hereof. Said easement and right of way shall be
thirty (30') feet in width, fora total distance of approximately seven hundred twenty five rods
(725 rods). The pipeline route as shown on Exhibit "A" is subject to change upon receipt of a
final survey, a certified copy of which shall be provided to Grantor at no cost. During the
constriction of said pipeline an additional, temporary easement totaling thirty (30') feet in width,
comprised of an additional fifteen (15') fret on each side of the easement centerline, is hereby
granted.
Except where Granter's activities will int-`e_e with irrigation ditches, imams or creeks,
C.I entr.e shall bury the pip , with a i im-c of forty-eight inches (48") of soil from the top
of the pipeline to the normal surface of the ground. The affected areas shall be recontou ed and
reseeded c.,_'" species which are consistent with adjacent, undisturbed areas upon completion of
pipeline cone'. teflon to prevent erosion. Grantee shall be permitted to at- all undergrowth and
other obre-totions that may injure, endanger or interfere with the use of said pipeline.
Grrntee may request from time to time, to lay within the right of way described above an
additional line(s) of pipe similar to or different in size from and alongside of the line herein
mentioned, Grantor reserves the right to approve such request on a case-by-case basis. Upon
such approval Grantee shall pay Granter, his heirs or assigs for each additiona' line a sum of
money equal to the consideration paid for the first Pipeline and Right -of -Way easement within
30 days of such written approval.
PUCKETT LA COMPANY l of 6
3/25/2008
Grantor reasons the not io the rise and enjoyment orihri Subject Lau stecipt exceptfor the
pUrpOSeS beeta graft Led. Such rights reserved o the Grantor may include the conducting of
cayiag -„cion, and grazing oincratecris, and Grantee agrees to coordinate pest toms ;tten
and Mai aternahSe operations irtns wt ,_ lmv:ng and ranching operations In no event shalt the location
of his Rin of -Way =n.-asnoebl; interfere with use of the Subject Lads for commercial
rcial
development of any c ed, o, oil, gas, ane on shale 'eveloomreni
The foregoeig rigntat andprig: es of Eftaittect are further condlt once upon the following
I DA %A '_S: Gra-dee shah either r reran and/or nay Granter for damages (if r y) caused by
is operations on the Suh,cet Lands relative to grossing crops, b LeGros, dietetics, fences
and livestock of Gr auror or Grantor's surface lessees. If Grantee makes any fence act on
the Sin ted lands, it will install and provide for secure closure of gases. AV gates of any
kind or nature shall be teat by Grantee in the condition In which they were found upon
entry. IfGrantee ii h. _ s an opera gate then Grantee will close the gate and notify
Grantee Alt cacipment or appurtenances to the pipeline or wells, which shall he on or
above the surface of the groend, shall he installed in a moniker to r, tett the livestock of
Grantor or Grantor's surface lessee when necessary. Grantee shall not alter the natural
dery of any creeks, streams. or _, ;potion ditches relative to the Subjects Lands. Granter,
shell notify Jay Anderson with Pocket Land Company of any activity- that may 711h2ael
Grantor's rat of the Subject Lands and adjoining arreagn
2. OPENING AND ReiSTORATtOid OF FENCES: Opening and restoration of Grantor's
fences areel be made at Grantee's sole cost, risk and expense as follows:
_. Pnor'eabetot grantor's s fences, at each fence opening Grantee shah tic the existing
once rote a three -post, pipe "N'• brace built pursuant to the following specifications.
_. Eight foot (8') by six inch (o') treated posts shall he set at least forty-two
inches (<C ') in the around and shall be enticed to take the strain.
- Center crosses shall be placed a minimum of thirty-six inches (35") above the
ground.
2.2 Grantee shall install fence stays every lour fee ts) in all temporary gates installed n
Grantor's fences,
2.7i Grantee shall install a fence around all mud pits. Said fence shall have pipe "n`
braces with Eve wires. Grantee shall install posts every twelve feet,
2.h. Grantee shall be responsible for preventing Grantor's livestock horn escaping from or
enabling livestock of others Purim entering through any fence openings resulting from.
Grantee's construction activities If a gate is left open, Grantee is responsible for the
cost involved in gathering the cattle that escaped, including the actual costs for
cowboy(s) needed to recover any escaped livestock phis reimbursement fat any
damages. If it is determined that the livestock can not be recovered within a cost
effective amount of thee ranee shall have the option of compensating the Grantor
for the actual doss inn .,d due to the loss of livestock instead of continuing to
attempt to recover the livestock.
Upon Grantee's completion of the construction, repair, maintenance, or alteration el'
...e nipelines, Grantor, shall promptly rebuild or repair any affected permanent fences
equal to or better than the existing fence. Doth Grantee and its contractors shah first
consult and obtain Grantor's approval far location of fence work. materials and
construction applications. Grantee shall use Nit," staples, wood posts, Colorado rne'l
and Iron (Ckeel) heavy-duty steel posts and Cii&I bearer wire to rebuild Grantor's
fence and consult with Grantor for approve of the fence builders that will do the
fence re-ptue_aem.
2.6. Fences shall not be considered equal to the existing fence if the posts have been
undercut or brush has been shoved into the fence. If Grantee has disturbed the
ground, plowed mud, or added other material within three feet of a fence ii shall be
Grantors judgment as to what fence is not ecual to or better than the existing fence.
if _cquest d in writing by Grantor t ramie will` also install pipe nettle guards of
sufficient size and substance to bear Grantee's traffic and to tem all livestock. Such
cattle guards scab, not be installed without prior app -oval of Cantor and shall ha
installer in such a manner as to prevent water draining trio the cattle guards, n a.eers
at a height _o they art vis:ble to cattle nom reasonable distance and sha I 'Ye cleaned
anee
and otherwise maintained d by Grantee Quality metal gates shall be a minimum of ten
feet in width, shall cot an:. either a metal sate or er :t fence and shall be placed
across and adjacent to :he catty! gar --ds.
PUCK ATI I. Nl) COMPANY 2 at 6
3015, 008
3
LIVESTOCK: f any of the Grantor's or Grantor s lesseen livestock are injured or killed
ay e direr: or indirect actions of the Grantee or its empioyees. contractors, subcontractoss
on r s (stick :Mary or death being verified i_d by veteattary evidence), the Grantee, shall
pay the Granter Ile . _teI: i ,. , medical or other costs ?, ahi t :e an injured animal, or
reimburse Grantor or Grantors lessee() the alue of an animal killed or euthat cseo
aotording to he following schedule:
Si eews Replacement cost of a bred het fer or Si,Oleg 00 whichever is gr
alves: M ] _ value or 700 lb. calf or 5750.00, whenever eve greater;
Buis: $3,000 00 or tic acquisition price lot that animal, whichever is ,gr ter=-.-;
. logs: Current imatiest once or for acquisition phce for that dile], whichever x
grr'eter.
3.5. Horses: Granter shad maintain ar d provide to Grantee upon Grantee s wif tee
dues',, an Inventory elks norses as well as the horse's market value Grantee agrees
to reimburse Clamor the value of the horse ha ed on the Inventory tory in the event the
horse is kii,ed by the direct or indirect actions of he Grantee.
_heat. Gibe- ton sricated I t. - tock: Them -current I - '•ken price ite me acquisition isiiits for
that animal, whichever is greater. - -
4. MAINTENANCE: Ali access roads, fences, and gates impacted by Grantee's use or
operations winch are subject to this Agreemem shall be maintainer by Grantee in as good
condition as exists at the time of execution of this Agreement, ement, ordinary wear and teas
excepted. Grantor shah give Grantee written no_ice of degradation or damage to the
Subject Lands caused by Grantee's operations.
5
WEED D COtO t r til : Grantee shall tie responsible for controlling all noxious weeds,
including witho t limitation, halo Cron cocklebur, Canadathistle. k tapweed species. leafy
spurge, ..oundstouege musk thistle and whitemp species on lands r sturbed beets -mer..
Grantee shall also be responsible for in -eventing such noxious weeds from soreadi reg to
Grantor s lands adjacent to the easement. In the event such noxious weeds spread to
Grantors lands adjacent to nut lands subject to the easement granted herein, Grantee shall
..resineastie for controlling the noxious weeds of those lands as well, provided that those
portions of the Subject Lands affected by the constriction of the right--of-way were fres, of
stash noxious weeds pro- to such time of construction. if the lands immediately adjacent
to the right-of-way erre not free of such noxious weeds prior to constotottor: of the same.
Grantee's responsibility shalt he limited to reasonable control of such noxious weeds on
the lanes within the easement. It Grantee locates or Grantor notifies Grantee of location of
noxcots weeds on the right of -way. Grantee shall iinedentent control procedures before
noxious weeds go to seed. Grantee's responsibility for weed control shall be ongoing end
shall continue or three (3) years oiler the easement has have ceased to be used by the
Grantee for the purposes herrn granted. Such control procedures as set forth above shall at..
the very minimum conform to those established by inn Bureau of Land Management.
6 P:O: .XCLUS[VE, 11Sf. AND RESERVATIOBS. This Agreement and all other ish-s
hatch)/ emoted are tint exclusive to Grantee and are iimled to the specific grant hr,. -in
This Agreement emen does not, in any way whatsoever, convey any water rights or r.ne, right to
use water. Grantor reserves unto itself and its successors and assigns all rights not
speci8caliy grantee to Grantee herein. Grantor may grant acrd tional rights-of-way or
ears mends on. over, across, under and/or through the Right -of -Way to any third parry for
any tenSSC, In -r rs soie ond absolute discretion, so long as such grate does not
interfere, whes r tees ecce es rights as tit -ism -thee in this Agreement
7.
AGRICULTURAL Li B`- i, f Grantee .cal. take ma - sable precautions to avoid
coinage io agriculture- operations an or adjacent to the easement. Granee shah have and
ass -urns liability foto . cattle crops. or :Matte ,est as a t C _-O Ir. c -f Grantee. s operations on
the Subject Linde.
ft.
LOGAt SP-CEPS/IIA T3ITAT IsIABILITY. Grantee id alt rat^and assismes..abl,hat
FL c r ererl species, p tileCICSispeeies, Itr J eabitar and F.io-d, i. rsity damaged Ci
des'ioseil as a result of Grantee's operations on the Silt/Mei Lands.
O chip nfitRAt, 4.6113 lir PA (.EOL', OLOGICAL RESOURCES: Grantee is to engem the
sernees ri 9tlitUfkII tescuice specialist to conduct sacultural resource inventory of the area
w_d surface disturbance following the eldeit' s of the i3 dreau of Lane
Management. Any pro all resources c,- ilrvei nr ed shah be delivered to the Grantor
?tJCrc FTT I AND cf'pyTP A?C'
3D 512 C
r 0. L1ABI LI l' e OF ti -ill PART S: Grantee covenants and agrees to fully- defend_ protect_
indemnity and hold harmless Grantor, its officers_ directors. employees and agents_ tient
and against each and every claim, demand or cause of action and liability. cost tied
expense (including but not limited to reasonable attorney's fees and costs incurred in
defense of Grantor. its officers, directors, employees and/or agents), for damage or loss in
eanxcecr there -with, which may he made a' asserted by Grantee. Grantee's officers,
directors. partners. members, employees and/or agents. or which may he asserted ht any
third party (including hut not limited to Grantor's officers, directors, employees and/or
agents), on account of personal injury or death or property damage caused by Grantee's
use of the Subject Lands or the rights granted hereunder, except to the extent such damage
or injury results from the actions of Grantor, its contractors, agents or assigns, Whore
personal Injury, death. or loss of or damage to property is the result of the joint actions of
Grantor or Grantee, Grantee's duty of indemnification shall be in proportion to its
allocable share or such action.
It is express!) agreed that the indemnity obligation speciiical!y includes, hut is not (farted
to, claims arising under the provisions herein entitled Agricultural Liability above. and all
federal laws and regulations including but not limited to the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S. C.A. &9601 et. seq. and
amendments, Resources Conservation and Recovery Act, 42 U.S.C.A. &6901 et. seq. and
amendments. Safe Water Drinking Act, 42 U.S.C.A. 300fet. seq. and amendments. Tox1e
Substances Control Act. 15 U.S.C.A. &2601 et. seq. and amendments. Clean Water Act,
33 G S.G.A. &I25 I ei. seq. and its amendments, Clean Air Act, 42 U.S.C.A. & 7401 and
amendments. Natural Gas Pipeline Act, 49 U.S.C.A. 1671 et. seq. and amendments.
I ltvardous Liquid Pipeline Safety Act, 49 U.S.C.A. 2001 et. seq. and amendments, and all
state and local environment laws, rules, and regulations.
Neither party shall be liable to the other for any damages due to fire. earthquake, flood.
windstorm and other like casually or other causes beyond its reasonable control_ nor for
damages caused by public improvements or condemnation proceedings. Notwithstanding
die torcgoing. neither party shall be required to settle a labor dispute against its will
11. LAWS. RULES, AND REGULATIONS: Grantee shall at its sole expense comply with all
federal laws and regulations as well as those of the State of Colorado and any other
governmental authority having jurisdiction over Grantee's activities on the Subject Lands.
Grantee shall deliver to Grantor copies of all permits, and cultural, botanical. and wildlife
reports covering Grantor's land and adjoining Bureau of band Management land
12. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession,
transfer. purchase or sale of illegal: drugs, narcotics, or other unlawild substances and
rnaterials by Grantee or its contractors. sub -contractors, agents, white on the Subject Lands
or adjacent lands. The use, possession, transfer, purchase or sate of alcoholic beverages.
firearms and other weapons upon the Subject Lands or adjacent lands is absolutelt
prohibited
13. I ILN'f1NG AND IS] IING: No hunting, trapping or fishing is permitted on the Subject
(..ands or adjacent lands and no such rights are granted by this Agreement
tt WATER ;That RIC H L S NW. CONVEYED: This Agreement does not, in any way whatsoever.
convey to Grantee any water rights or the right to use water found on. under or appurtenant
to the Subject Lands.
5. WA tt:iZ AND DRAINAGE- Grantee shall hate and hereby assumes absc: jure liability for
damages tc water wells, water tables, natural springs, running watercourses. and wager
tanks u ithin 330 of the center line of the right -or -way insofar as damage can reasonahl.'
be determined to he the result of Grantee's opera' -tions
16 ACCESS '10 PIP61.INl'i: Grantee agrees to install a tap on said pipeline in
RJt Ilona:location; Grantee agree,to -seep+r
is gas at
the tap on a best e`fots baso. Grantor's _ .aline qr li }. Grantee and
Grantor shalt negotiate a' a . t! cries and oroccssing agreement st r no: in exceed the
t'U:1V:fl LANt) COMPANY 4 at6
:a=} 2008
1„ t
r ether thud pa
17 NO I ICE Any notice or written demand to be amen to Grantor or Grantee may he
celicered in person. by thy or certified or registered mall, postage prepaid. addressed to the
party for whom intended. Notice shall be deemed given upon reccipr
Puckett and Company
Ann: Ray Anderson
5460 S. Quebec St.. Suite 250
Greenwood Village, CO 801 I 1
Phone: 303-773-1094
Fax' 303-773-1157
FTC' Canyon Pipeline, LLC
Attn: Art Smith
1600 Broadway, Suite 1900
Denver.Colorado 80202
Phone: 720-225-4000
Fax: 303-861-4761
18. TERM: This Agreement shall remain 111 effect for a primary term ending December 3 I .
2009, and for so long thereafter as Grantee is using the Easement for the purposes
described above. Ir1 after this primary tem., operations for the transportation anemia' gas
cease for a period of more than twenty-four (24) consecutive months, then such operations
shall be deemed not to he conducted and this Agreement shall terminate, except when non-
use is caused by acts or circumstances beyond the control of Grantee. Grantor may
terminate tins Agreement at any Time after the end of the primary term by giving at least
Inels e (12) months written notice thereof to Grantee. Following termination of the
Agreement. it shall be Grantee's obligation to restore and reclaim all land affected by
Grantee's activities to the extent required by applicable law or regulation established by
the 13ureau of land Management or to its equivalent prior condition (ordinary near and
tear expected). whichever is greater, including, but net limited to, the removal of facilities.
19. GOVERNING LAW- This Agreement and all matters pertaining hereto, including, but not
limited to, matters of performance, non-performance, breach, remedies, procedures, rights.
duties, and interpretation or construction, shall be governed and determined by the laws of
the State of Colorado.
20. &MISCI'l.1 , AN'-:etIS: This Agreement contains the entire agreement between Grantor and
Grantee and any prior oral representations or understanding concerning this Agreement or
its subject matter shall he of no force and affect.
This Agreement Is subject to all contracts, leases, liens, casements and encumbrances or
claims of title, which may affect the Subject Lands, and nothing contained herein s_tni l be
construed as a covenant or warranty against the existence of any thereof.
The terms and provisions of this Agreement shall extend to and be binding upon the
parties, their respective heirs, successors, legal representatives and third party assigns.
should Grantor consent to such third party assignments.
Notwithstanding anything in this Agreement to the contrary. upon written notice, Grantee
shall have the right, in its sole discretion, to assign this Agreement to any of its affiliates or
subsidiaries, with the provision that such written notice shall require Grantors consent
21 MEMOR\NDUM OF EASEMENT AND RIGI IT -OF -Ax. AY: Grantee shall cause to be
filled of record a fully executed and acknowledged original Memorandum of liaserncni and
Right -of -Was-, in a form reasonah y acceptable to Grantor and Grantee, and shall promptly
provide to Grantor a recorded copy thereof. Such Memorandum shall be recorded in the
appropriate real property records of the county in which the Subject Lands are Incited.
IN W. :h.SS St': F;R FOE, the parties have executed this Easement and Right-of-Way
Agreeliahlt ' ne day and von:' :nd°r ated below but effective an the date first set Forth aboye-
PUC<LT LAND CO 41
3'25.2008
GRANTOR:
PECK ETT LAND COMPANY
Bic ,Mattheyy A. V;'onzbache_ President
GPANT_EE:
LTC CANYON PIPELINE, EEC
Date:
By: Arthur Smith ..auger of Engneering Projects Date.
ACKNOWLEDGEMENTS
STATE OP L
;ss
COUNTY OF f1.c,+,roN,e:_.
Before me. on this < T.- day of trr- r „_ __ _ . 2008. the foregoing
instrument was executed by Matthew A. Pour zea her known to me to be the duly authori.ed
President of Puckett Land Company. Granter, and acknowledged said execution to he the
signer's free and voluntary act and deed on behalf of said Grantor, for the uses and purposes
therein set forth.
Witness my hand and official seal.
'✓lv Commission Expires.
S FATE Of
COUNT OF CArlq
)ss
RAYMOND .s. ANDERSON
n,iVdelV' nue'. COLosax)
`Ny Camntwts Eeprb
Betore me, on This day of . 2005. the P regoing
instrument was executed by Art S'..n`th known to me to be the duly aethori?ecd Manager of
Engineering—Projects Por ETC Canyon Pipeline. LLC. Grantee, and acknowledged said
execution to he the sign's free and voluntary ct and deed on behalf of said Grantee ,>:' the
uses and purposes therein set forth.
Witnessmy hand and of iciai seal.
Y1y Commission Expires:
NICKCTl
5'25.2008
Ni) COMPANY
No 1' Public -.
LEGEND
F ' PU9L`C. LAND SGRf o 9000:79
IL 0 ANGLE ^DAT
� C.9 ^::b' 0: 6E::NNfri6
I aDr r=3x: o: eaDsc
S=:/4 911.4
SECT;OI.'3 i6S=saW
Cwoe' PICKET! keno) CO (BOX)
9 :)500 CORPOWA. IO.N le 022
'/83x5"1r
9W 299.
239 7091 _
s :on 26 R0,53:5 aon 3535 \Yo 39 9`Y P05e•
$55t3 4PW. < 55 l 1 9fl
�`-W.iems iC
55294 21lY Y5 sJ- \ Imo/ Wel: Pod
54fle 541V 03
Owner
:0;505 LAN)
TO ;505; & d
IROS^.0 CORP 1409,'
See Demi
0J'4r's
p Pipeline
gams Poe
r Pod
N--'Cen terrine of
Proposed Pipet/se
(Nor lo Scale)
riencei
l2 NI.
ETC Canyon Pipeline LLC
bn
AS SHOWN I 441 /Z08 DRAIN BY Cr Ic+TE Damn 3/05/08 `Pxr_a nuvc_rr 07-1
-06
DESCT➢ON P.J._ 504 f0 DIN 0E20919E P PE_ NE
ACROSS DUCKETT 1 AND COMPANY (50%) & TOSCO CCRPCRA110N 140%)
=CAS 25. 26. 34, & 35, f6S. R95W.. CANE''LID COUNTY, CO_CRAOD
ISAICH RVYV £95004: 5HFET
RVEYIITG Ja MA
NG
[VANClO w 100941 I EXHIBIT A
uvEY!nc 0/) 749-4545rOIl 3
LEGEND
t] PU.L:6 LANE SUN v: CCENS.V
O REEL L .c -;n
P08 Royrr Or DGGAN:NG
_ POINT 0E 'NEN!:
Sec' on 2 -V
S,PPY55'7O7, 250555
_j
Genierllne of
Proposed Pipe/ine
a.Ih/Ac _
L,L \PAC' CS -
N
0
0
l7
O
UCKELr i AN'^.
...0 WV 3
LOSCC ERRE (4O7,
Pre. y Li
ny n -e
o::e
,Vco, Cc.o or
'ry
34
5EAKETE .i: e
200 Acres
ry
IO•'-', oV_Ecru LANE, co (505)I
R iO500Co4PO,2n LION (405)
LET
ETC Canyon Pipeline LLC
S85'J5 1^ E. 26:7 97
5E5541,55r. e.ri Isom !O f N q R4'RISC PP=LINE
ACROSS PUCCIT ,AND COMPANY (605) & TOSCO CCRPCRAIION (43%)
SEC T'ONS 25. 26. 34, & 35 [65 495W. CAR -ILO COUNT-, COI Can.O
,cALL •+srov r As SFoar1 �. SOS DRAWN e+ a:: VA IF ,)en'nu 3/05/08 Icm,rcr w�.`es - - 11 — -
ni pew <Sn TCr SVR rnv ESSERA S _ 3I II' .'
„5 EXtt BTt A
2of_
('� ATC2'� 30 6 MAN SURE I t VASS:INC flY:2C: I
SURVEYING 3 )) J, us .,-..TARE. �...�xnr sENAAA.
LEGAL DESCRIPTION
A pipeline right -or -way located in the 5W1/4 SW 1/4 of Section 25, the SE1R
5E1/4 of Section 26, the 51/2 of Soctbn 34, end Section 35, 765, R95W 6Th
P.M, Garfield County, Colorado, The centerline or said right -o( -way temp more
particularly described as follows:
Commencing at the Southwest Corner of said Section 25 and running
thence S 86'44'16° 6, 1102.14 feet along the south line thereof,
thence N 01°15'44° c, 1027.81 feet, more or less, to he POINT OF BEGINNING;
Thence N 50°08'55'W, 312.62 feet; thence S 50°51'09' W, 1132.55 feet to e
point lying on the East line of said Section 26, said point tying N 00'43'34"E,
486.65 feel from Na .southeast corner thereof
thence continuing 550`51'09°W, 407.27 feet; thence S 79'19'53' W, 74.22 feet;
(hence S 57'45'07"W 236.29 feet; thence S 85'19'09' W, 563.91 reek
thence S 55°03'41"W, 3568 feet to a point tying on the north line of said Section
35, said point lying N 88`46'09° W, 1173-98 feet from the northeast corner
Thereof;
Thence continuing S 55'03'41' W, 448.65 feet;
thence 553'4848' W, 79690 feet; thence S 62'24'222' 'W, 95133 feet,
thence 53°4119"141, 126.30 feet; thence S 47°1554°W, 143.43 feet;
thence S 53°31'55' W, 1158.45 feet; thence S 53°30'03' W 7035 teen
thence S 79'34'44"W 218.85 feet; thence S 53°2834'W, 178.63 feet;
thence S 58°22'26' W. 293.05 feet; thence S 56°16'34"W 128.72 feet
thence S 26'46'09" W, 591.20 feet' thence S 58'49'43' W 1129.58 feel;
thence S 74"54'47" W, 30.20 feet to a point lying on the East line of said Section
34, N 00°37'53' £, 2144.44 feet from the southeast corner merest
thence continuing S 74'54'47'W 604.85 feel;
thence S 83'33'47' W, 256.14 feet; Unice S 6412746'W, 891.35 feet;
Thence N 63'21'16'W 1030.60 feet: thence S 53°16'29' W. 811.85 feet
thence 584'4700" W 200.08 feet to the POINT OF ENDING, said point lying cn
the Southerly bank of We Wilcox Canal, N 44'5801'E. 2493.62 feet from the
Southwest corner of said Section 34.
Said centerline being 1196034 feel In leash.
The base bearing for this survey being S 00°41'24' W 2748.13 feet between
found monuments el the Northeast corner and The East One -Quarter corner of
said Section 35.
RIGHT-OF-WAY LIMITS BOX
Reference Points
Work Space
Wore Scoce
Right
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER SECTION FEET TOTAL
_ _
Sec 25, TES 895W 144517
PUCKETT LAND COMPANY ICC N)' Sec. 26. T65 1255,N 1317.37
6 - 119660."34
TOSCO CORPORATION (DJ %) Sec 34 T85 4295W 3799 86
Sec 35. T55 895W 5402 94
Total :1196034
ETC Canyon Pipeline LLC
AS SI Ott! 1;117/O i L tBoc ^_.V CJ' IA'I nO4844 3/05/08 Hal 747413ER 07-j)-06
BASIS OF DARING
The base bearing for this survey is
S 00°41'24` W, 2742.13 feet between
found monuments at the Northeast
Corner and the East One -Quarter Corner
of Section 35, T6S, R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruits, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
CESCRIE909' RI!I. iSCN '0 EN IER-'RISE PIPELIN-_
ACROSS=uC(CT" Vit) COMPANY (EC%) & TOSCO CCRP3RATICN (40%)
SEC IIONS 25, 26, 34, & .35, TES. R95W, GARrIEL7 COL' TT, COLSRAC-3
Wale ie T of5r1Ac
'_.. ,
910 MAIN C C ANS-^• 4Y 821 }U EXHIBIT A
G hal 789- 4515
MEMORANDUM OF
EASEMENT AND RICHT-OF-WAY AGREE, irNT
This MMEMORANOLvI OE EASEMENT AND RIGHT-OF-WAY AGR"F,MENT (the
'Memorandum ) is Mil& ;ir:d exeechd as of the PFz: day of 1' r 2008 to evidence that
The Easement And Right -of -Wore Agreement (the "Agreement) dated ,_t.'da; of
2005 sue entered into by and between Puckett Land Com O, znv (the "Surface
Owners"; and FTC Canyon Pipeline, LLC, 1600 Broadway, Suite 1900, Denver
Colorado 80202 (the "O)eralor'). ehich. among other provisions, provides as follons_
:be Surface Owner also agreed to 16c following (eons and condtions in the Agreement.
Surface Owner agreed Operator may construct. ley, maintain_ modify. operate, alter,
replace. remove lite New Pipeline depicted on Exhibit "A h at:ached hereto and made a
pan hereof.
"!his Memorandum shall be construed as a covenant running with the i.anda and shall be
binding on any and all personal representatives, successors, and assigns of Surface Owner and
Operator -
[his td en'urardem is being executed by Surface Owner and Operator fon the primary
purpose of recording and thus advising ail interested parties of the es istence and saGdig of such
Easement And Riaht-of-Way Agreement, the exact terms and conditions of svh;ch are more fail)
staled in the unrecorded instrument on die with the respective panics and, that this Memorandum
shall constitute notice to all parties of the existence of (Ins Agree;e cot on though it v. as described
in total detail herein.
IN WITNESS WI'4ER LOF, the panes have executed this Mietnorandtan as of the date
first above ooritien
Oar acv
By: kf u;> etu C,
!''--R+rn! ,if
President
ETC Canyoa Pipe;ines, LLC
)i „L_i�r t, :!. t, Arthur Suitt,,
Manager of Fr. gi::,.. - Prejeca
ACKNOWLEDGEMENTS
COUNTY OF it
ss
STATE OP COLORADO
Before me, on this „ thy of =tip arrn,-,y , 2008, the foregoing
instrument was executed -4e4=e4rY. P,.ekt: 24a'..n;.' ii. L L-,.),tem74 y,.;.:.
known to me to be the duty authorized President of Puckett Land Company, Grantor, and
acknowledged said execution to ba the signer's free and voluntary act and deed on behalf of said
Grantor, for the uses and purposes therein set forth
Witness: y hand and official seal
My comion e
COUNTY OF -
1 ss
STATE OF COLORADO
ublic
ft YMONu a AND8H,SCNi6
"NCITAk`! N00tOtt' • 60_Onacro
'fry Com: n!co':+ 6pre9
04N41/24.3
Before me. on this day of , 2008, tt}e foregoing
Instrument was executed by Arthur Smith
known to me to be as Man._er of Engincer:-g - Projects for ETC' Canyon Pipeline LLC, Grantee.
1
and a i owledg d said execution to be the signer's free and voluntary ant and deed onbehalf o`.
said Grant se, for the uses and purposes therein set forth
Witness my hand and official seal
Tdoiary Public
My cotnmisstan
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1155934
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Li
✓I RE AR rg
ME boss. be 9rig this stir cl ie
S00)011%5 W 2718.13 `O.atd 1':..n,.
gig isd,nontitr , a9 the Northeast
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of Scotian T66, R94ta7,
- r< TrIF C-`' TE OF Sufi'
l Ted 1 eggan og Prune, ColeggIdo hereby earthy
that this map woe mads ^m notes taker
during an a0insl survey mads by me or under
•m, rfrec:iro Thr ETC Carryon Pipeline LLC and
that the rI-S rite of which ere car eptly S/75'n
hereon.
of r,. 3u: 5O1 TO ENTERPRISE PPfLIV
C(- .IIL'OTS t')fl-_;,fir LLC k R„5S 'ufsE r I I :O..rn (CC%) '.0c O tOE 0RAT04 1102;
SECTIONS 25, 2`. ,`.t, Ye 35, T65. '7359/, GARFIELD COUNTY. COLORADO'
7141• 7 / / /or; re e C41- rA DRAWN „� "�l� dal[37'-
uaeFv Q7-' !6• <
w 5,'Irq!p N .3570'5W
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Imo': (1000 159 -:S'S
PIPELINE EASEMENT AGREEMENT
THIS PIPELINE EASEMENT AGREEMENT ("Agreement") is effective the ,;?3 day
of September, 2008, by and between Samuel and Teresa Potter ("Grantor"), and ETC CANYON
PIPELINE, LLC, a Colorado limited liability company whose address is 1600 Broadway, Suite
1900, Denver, Colorado 80202 ("Grantee").
RECITALS
A. Grantor owns the surface of the real property in Garfield County, Colorado (the
"Property"), legally described as:
Township 6 South, Range 95 West, 6th P.M.
Section 36: NW1/4SE1/4, SW1/4NE1/4, NE1/4NW1/4
Section 25: SE1/4SW1/4
B. Grantee wishes to construct a pipeline beneath the surface of the Property in
accordance with the terms of this Agreement.
TERMS
THEREFORE, in consideration of the mutual covenants in this Agreement, and
Grantee's agreement to pay the damages described in this Agreement, the parties agree as
follows:
1. Grant. Grantor grants to Grantee a non-exclusive pipeline easement
("Easement"), fifteen (15) feet in width across the Property at the location described on and
depicted on Exhibit A, to construct, operate, maintain, inspect, and repair one pipeline and
associated above and below ground valves, cathodic protection equipment, and pipeline markers.
The pipeline shall run approximately five (5) feet from and parallel to the pipeline on the
Property owed by Williams Companies, Inc. The pipeline shall be no larger than 24 inches in
diameter and shall be for the sole purpose of transporting natural gas. Grantor also grants to
Grantee a license for the use of 30 feet parallel to and adjoining the northeast side of the
Easement as appropriate for temporary use during the initial installation of the pipeline, and a
license for use of two (2) acres as depicted on Exhibit A for a work area for temporary use
during the initial installation of the pipeline.
2. Consideration. Upon execution of this Agreement, Grantee shall pay Grantor
$57,600 prior to the initial construction of the pipeline. Except as otherwise provided in this
Agreement, such payment shall constitute payment in full by Grantee for all reasonable damages
to the Property associated with the construction, operation, maintenance, inspection, and repair
of the pipeline within the Easement. This paragraph may be redacted by Grantee to exclude the
dollar amount prior to recording.
3. Construction.
3.1. Grantee shall provide written notice to Grantor at least two (2) weeks prior
to any construction or installation under this Section 3.
3.2. Grantee shall bury the pipeline within the Easement at a depth not less
than forty-eight (48) inches, so as to not interfere with cultivation of soil or other surface
uses.
3.3. Grantee shall immediately repair any roadway crossings and fences on or
enclosing the Property that is damaged or temporarily taken down during any
construction on or use of the Easement. When accesses or leaving the Property, or
portions of the Property through fences, Grantee shall insure that gates are left in the
position as they are found, i.e. either open or closed. Grantee shall coordinate access and
operations with tenants of the Property, if any, on a daily basis or as frequent as possible.
3.4. Grantee shall immediately restore or repair any irrigation or spring
collection system ditch or pipeline that is damaged during any construction on or use of
the Easement by Grantee so that the delivery of water on the Property is not disrupted.
3.5 No living mature trees shall be damaged or removed. Any rocks
excavated by Grantee that are too large (4" or greater) to be incorporated into fill shall be
removed or piled at the direction of Grantor. Any usable timber, fence posts, and
firewood larger than 4" in diameter shall be stockpiled at mutually agreed locations. All
slash shall be incorporated in fill or removed.
3.6 Grantee shall cease construction operations in excessively muddy
conditions. All construction vehicles, equipment, and materials, while not in use, shall
be parked or placed in the Easement or off of the Property. No construction equipment
repair or maintenance shall occur on the Easement or the Property, including but not
limited to the changing of motor fluids. Easement shall be kept free of litter and debris
caused as a result of Grantee's activities at all times.
3.7 Grantee shall provide Grantor with "as -built" survey of the pipeline after
construction. It shall be the Grantee's responsibility to record necessary documents in
Garfield County, and to provide the Grantor with a copy of any recorded documents.
4. Grantee's Operations. During installation of the pipeline within the Easement,
and at all times thereafter, Grantee shall minimize disruption of, and interference with, any
ranching, agriculture, or other operations conducted on the Property now or in the future. No
firearms, pets, alcohol, illegal drugs, camping, recreating, hunting, or any other non -pipeline
related activities are permissible at any time on the Easement or the Property by Grantee.
2
5. Directional Bore.
5.1. All drilling fluids and mud shall be handled in accordance with COGCC
regulations. No off-site fluids, mud, soil, water or other substances shall
be deposited on the Property.
5.2 The directional bore site shall not be located on the Property, but a
temporary work space as set forth above may be used to facilitate the
directional bore process.
5.3 No reserve or drilling pits shall be constructed or used on the Property.
6. Reclamation. Within 120 days after installation of the pipeline within the
Easement, or any maintenance or repair of the pipeline that disturbs the surface of the Property,
Grantee shall restore any affected area to its approximate pre -disturbance topography and re-
seed all such areas with appropriate native grasses for ground cover and erosion control with
either BLM seed mix or the seed-type(s) selected by Grantor. Grantee shall be responsible for
controlling all noxious weeds on any reclaimed area until the termination of the Easement.
Grantee shall insure a naturally contoured surface over the Easement.
7. Compliance with Law. Grantee, its agents, designees, assignees and successors -
in -interest shall, in connection with the use of the Easement, comply with all applicable federal,
state and local laws, rules and regulations applicable to Grantee's use of the Easement,
including, by way of example and not limitation, the common law and all other laws designed to
protect the environment and public health or welfare.
8. No Other Facilities. Nothing in this Agreement shall be construed as granting
Grantee the right to place any additional pipeline or other facilities on the Property other than the
one pipeline to be installed in the Easement. No compressor units or stations, processing plants,
evaporation ponds or other similar facilities of any kind shall be located on the Property.
9. Term of Grant. The Easement shall continue until: (i) the parties' mutual, written
agreement to terminate this Agreement, (ii) Grantee's written surrender of the Easement, or (iii)
non-use or abandonment of the pipeline or Easement for a period of more than two (2) years.
Upon termination or surrender of the rights granted under this Agreement, Grantee shall execute
and deliver to Grantor, within thirty (30) days of written demand therefor, an acknowledgment
that this Agreement has been terminated.
10. Liability of Grantee. Grantee shall be liable for any injury to persons, property,
or livestock caused by or incident to the operations of Grantee, its agents, employees,
contractors, or subcontractors on the Property, or any extraordinary damages due to spills of
materials, explosions, or any other harmful activity of Grantee. Grantee shall indemnify and
hold harmless Grantor from and against any and all liability, damages, costs, expenses, fines,
penalties and fees (including without limitation reasonable attorney and consultant fees) incurred
by or asserted against Grantor arising from or regarding or relating to (i) the operations of
3
Grantee, its agents, employees, contractors, or subcontractors on the Property or (ii) any other
rights granted by this Agreement. Such indemnification shall extend to and encompass, but shall
not be limited to, all claims, demands, actions or other matters which arise under the common
law or other laws designed to protect the environment and public health or welfare. Grantee
shall, at Grantor's option, defend Grantor or reimburse Grantor as expenses are incurred for
Grantor's defense against any claims, demands, actions, or other matters, whether brought or
asserted by federal, state, or local governmental bodies or officials, or by private persons, which
are asserted pursuant to or brought under any such laws relative to the rights granted by this
Agreement. All of Grantee's obligations stated in this Section 9 shall survive termination of this
Agreement.
11. Insurance. Grantee shall keep its operations insured, or comply with applicable
self-insurance laws and regulations, for automobile, liability, and workmen's compensation
insurance, and for any damages incurred on the Property.
12. Grantee Liens. Grantee shall, at its sole expense, keep the Property free and clear
of all liens and encumbrances resulting from Grantee's and its agents' activities on the Property,
and shall indemnify and hold harmless Grantor from and against any and all liens, claims,
demands, costs, and expenses, including, without limitation, attorney fees and court costs, in
connection with or arising out of any work done, labor performed, or materials furnished.
13. No Warranty of Title. This Agreement is made subject to any and all existing
easements, rights-of-way, liens, agreements, burdens, encumbrances, restrictions, and defects in
title affecting the Property. Grantor does not in any way warrant or guarantee title to the
Property.
14. Non -Exclusive Use and Reservations. All rights granted in this Agreement are
limited to the specific grants described in this Agreement. Grantor reserves to itself and its
successors and assigns all rights not specifically granted to Grantee in this Agreement, including
the right to the use and enjoyment of the surface of the Easement so long as such use does not
hinder, conflict with, or interfere with Grantee's rights under this Agreement, provided however
that no reservoir, excavation, or structure shall be constructed or permitted on, over, or within
the Easement without the prior written consent of Grantee. Grantor further agrees not to change
the grade or otherwise remove dirt from the surface of the Easement without prior written
consent of Grantee, unless the grading or dirt removal is consistent with normal agricultural
practices in the area.
15. Waiver. The failure of either party to enforce any of its rights under this
Agreement upon any occasion shall not be deemed a waiver of such rights on any subsequent
occasions. The waiver, either express or implied, by any party of any of the rights, terms or
conditions in this Agreement shall not be deemed as or constitute a waiver of any other rights,
terms or conditions in this Agreement. Any waiver, in order to be valid and effective, must be in
writing.
16. Notice. Wherever provision is made in this Agreement for the giving, service, or
delivery of any notice or other instrument, such notice shall be given by: (i) personal delivery, or
4
(ii) United States first class mail, postage prepaid; provided, however, that each party may
change that party's mailing address by giving to the other party written notice of change of such
address in the manner provided in this Section 15. Mail shall be deemed to have been given,
served and delivered upon the third delivery day following the date of the mailing; personal
delivery shall be deemed to have been given, served and delivered upon receipt. Written notices
shall be mailed to:
GRANTOR: GRANTEE:
Sam & Teresa Potter ETC Canyon Pipeline, LLC
P.O. Box 148 1600 Broadway, Suite 1900
Rifle, CO 81650 Denver, Colorado 80202
17. Survival of Obligations. All obligations, indemnifications, duties, and liabilities
undertaken by Grantee under this Agreement shall survive the termination of this Agreement.
18. Merger of Prior Agreements. This Agreement contains the sole and entire
agreement and understanding of the parties with respect to its entire subject matter. All prior
discussions, negotiations, commitments, and understandings relating to the subjects of this
Agreement are merged into it.
19. Amendments. This Agreement may only be amended by the written agreement of
both parties. This Agreement cannot be amended orally.
20. Headings. Section headings or captions contained in this Agreement are inserted
only as a matter of convenience and for reference, and in no way define, limit, extend, or
describe the scope of this Agreement or the intent of any provision.
21. Construction. Whenever required by the context of this Agreement, the singular
shall include the plural, and vice versa; and the masculine gender shall include the feminine and
neuter genders, and vice versa. The provisions of this Agreement have been independently,
separately and freely negotiated by the parties as if drafted by both of them. The parties waive
any statutory or common law presumption that would serve to have this Agreement construed in
favor of or against either party.
22. Applicable Law and Attorney Fees. This Agreement and the rights of the parties
under it shall be governed by and interpreted in accordance with the laws of the State of
Colorado, by the District Court of Garfield County, Colorado. In the event of a dispute
involving or related to any term or condition of this Agreement, the non -breaching party shall be
entitled to recover its reasonable costs and attorney fees, including post -judgment collection
costs, in addition to actual damages.
23. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective heirs, successors and assigns. The Easement
granted in this Agreement shall run with the land and is not a personal covenant; provided,
however, that assignment by Grantee of some or all of its rights hereunder shall not release
Grantee from liability under this Agreement, unless specifically released by Grantor in writing.
5
GRANJOR
Samuel B. Potter
Teresa A. Potter
GRANTEE:
ETC C ; NYON PIPELINE, LLC
y:
Title:
m. L . S pears
STATE OF COLORADO )
) .ss
COUNTY OF GARFIELD )
`Z -
sr. Vr,Optry -ins
The foregoing instrument was subscribed and sworn to before me on
, 2008, Samuel B. Potter and Teresa A. Potter.
A ;
My commission expires: £— ,25 -//
Witness my hand and seal.
Notary Public
STATE OF COLORADO )
) .ss
COUNTY OF 1- hrtS )
The foregoing instrument was subscribed and sworn to before me on
�LLC. 008, by 1''� ' L ' 5Pea • , Authorized Agent of ETC CANYON
1-31FELINE, LLC. Sr. - - r
My commission expires: 3) tf I 12--
Witness
LWitness my hand and seal.
oo 174;N DONNA WALTERS
"s Notary Public. State of Texas
My Comrfllssion Expires
Mwch 04 2012
rc
6
Notary Public
/
/ �� /
( a° (
ko
/ g
NORTH 1/4/
CORNER
SECRON 38
CAL�)ED Section 25 N88 52'31 "W, 2565.79'
P.O.E.
(S00'56'55"W,
158.77')
•
Owner: G. & L.
MAHAFFEY
Section 36
Centerline of
Proposed Pipeline
N50D8'55"W 005.68'
NWI/4 NE1/4
SECIKNJ 3B. TCS R95W
Owner. POTTER
/ Existing Pod
(
(Palter PA 432-56) / \ N40'77 77"W, 110.87'
2 acre
Workspace
\--Existing Fence me (typ)
l
NOS' 8'55"W, 58.72'
N50'08'55"W, 91.31'
N39'49'51 "W, 73.02'
N35'48'21 "W, 86.67'
N\ /
C Existing Pipelines N3613'16"W, 178.21'
` l Property Line
SW//4 NE1/4
SECTION 36, T89 ROY
wner. G. MAHAFFE
LEGEND
0 PUBLIC LAND SURVEY CORNER
0 ANGLE POINT
P.O.B. POINT OF BEGINNING
P.O.E. POINT OF ENDING
\\
N4O'O5'57"W, 65.15'
P.0.6 ' NO2'O8'58"W, 33.78'
CORNER TIE NOTE;
THE POINT OF BEGINNING BEARS
S 4659'16' W, 1977.63 FEET
FROM THE NORTHEAST CORNER
OF SECTION 36. T65. R95W.
NORTHEAST
CORNER
SECTION 38
ALUMINUM CAP ININ
ILLEGIBLE MARKING
NE1/4 NE1/4
SECTION34 TBSR95W
Owner: POTTER
re Existing Rood
(t/— 1376' from CR 323
to Proposed Pipeline)
Owner: SLAYMAKER
ETAL.
CLIENT:
ETC Canyon Pipeline LLC
DESCRIP11ON: RULISON TO ENTERPRISE PIPELINE
ACROSS POTTER PROPERTY, SECTION 36, T6S, R95W,
GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN 7/25/08
SURVEYED BY:
EVISION:
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11 —06
SHEET
1 of 2
WASATCH SURVEYING ASSOCIATES
EMU 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXHIBIT A
PIPELINE EASEMENT AGREEMENT
THIS PIPELINE EASEMENT AGREEMENT ("Agreement") is effective the„ 79 th day
of September, 2008, by and between Gary Lee Mahaffey ("Grantor"), and ETC CANYON
PIPELINE, LLC, a Colorado limited liability company whose address is 1600 Broadway, Suite
1900, Denver, Colorado 80202 ("Grantee").
RECITALS
A. Grantor owns the surface of the real property in Garfield County, Colorado (the
"Property"), legally described as:
Township 6 South, Range 95 West, 6`" P.M.
Section 36: NW1/4SE1/4, SW1/4NE1/4, NE1/4NW1/4
Section 25: SE1/4SW1/4
B. Grantee wishes to construct a pipeline beneath the surface of the Property in
accordance with the terms of this Agreement.
TERMS
THEREFORE, in consideration of the mutual covenants in this Agreement, and
Grantee's agreement to pay the damages described in this Agreement, the parties agree as
follows:
1. Grant. Grantor grants to Grantee a non-exclusive pipeline easement
("Easement"), fifteen (15) feet in width across the Property at the location described on and
depicted on Exhibit A, to construct, operate, maintain, inspect, and repair one pipeline and
associated above and below ground valves, cathodic protection equipment, and pipeline markers.
The pipeline shall be no larger than 24 inches in diameter and shall be for the sole purpose of
transporting natural gas. Grantor also grants to Grantee a license for the use of 45 feet parallel to
and adjoining one side of the Easement as appropriate for temporary use during the initial
installation of the pipeline, and a license for use of two (2) acres as depicted on Exhibit A for a
directional bore site for temporary use during the initial installation of the pipeline. The area
between points A and B on Exhibit A shall be bored with no disturbance to the existing ditch,
fences, or brush.
2. Consideration. Upon execution of this Agreement, Grantee shall pay Grantor
pursuant to a separate Payment Agreement that is being executed simultaneously with this
Agreement. Except as otherwise provided in this Agreement, such payment shall constitute
payment in full by Grantee for all reasonable damages to the Property associated with the
construction, operation, maintenance, inspection, and repair of the pipeline within the Easement.
3. Construction.
3.1. Grantee shall provide written notice to Grantor at least two (2) weeks prior
to any construction or installation under this Section 3.
3.2. Grantee shall bury the pipeline within the Easement at a depth not less
than forty-eight (48) inches, so as to not interfere with cultivation of soil or other surface
uses. No above ground structures, including but not limited to valves, meters, and
markers, shall be placed in fields unless prior written consent is obtained from Grantor.
Grantee may place required markers at fence lines.
3.3. Grantee shall immediately repair any roadway crossings and fences on or
enclosing the Property that is damaged or temporarily taken down during any
construction on or use of the Easement. When accesses or leaving the Property, or
portions of the Property through fences, Grantee shall insure that gates are left in the
position as they are found, i.e. either open or closed. Grantee shall coordinate access and
operations with tenants of the Property, if any, on a daily basis or as frequent as possible.
3.4. Grantee shall immediately restore or repair any irrigation or spring
collection system ditch or pipeline that is damaged during any construction on or use of
the Easement by Grantee so that the delivery of water on the Property is not disrupted.
3.5 No living mature trees shall be damaged or removed. Any rocks
excavated by Grantee that are too large (4 inches in diameter or greater) to be
incorporated into fill shall be removed or piled at the direction of Grantor. Any usable
timber, fence posts, and firewood larger than 4 inches in diameter shall be stockpiled at
mutually agreed locations by Grantee. All oak brush 2 inches or greater between P.O.B.
No. 1 and point A on Exhibit A shall be cut into 15 inch lengths and stacked by Grantee
in an area on the Property chosen by Grantor. All other slash shall be incorporated in fill
or removed.
3.6 Grantee shall cease construction operations in excessively muddy
conditions. All construction vehicles, equipment, and materials, while not in use, shall
be parked or placed in the Easement or off of the Property. No construction equipment
preventative maintenance shall occur on the Easement or the Property, including but not
limited to the changing of motor fluids. Easement shall be kept free of litter and debris
caused as a result of Grantee's activities at all times.
3.7 Grantee shall provide Grantor with "as -built" survey of the pipeline after
construction. It shall be the Grantee's responsibility to record necessary documents in
Garfield County, and to provide the Grantor with a copy of any recorded documents.
4. Grantee's Operations. During installation of the pipeline within the Easement,
and at all times thereafter, Grantee shall minimize disruption of, and interference with, any
ranching, agriculture, or other operations conducted on the Property now or in the future. No
2
firearms, pets, alcohol, illegal drugs, camping, recreating, hunting, or any other non -pipeline
related activities are permissible at any time on the Easement or the Property by Grantee.
5. Directional Bore.
5.1. Grantee shall utilize a closed loop system for drilling. All drilling fluids
and mud shall be handled in accordance with COGCC regulations. No
off-site fluids, mud, soil, water or other substances shall be deposited on
the Property. All fluids, mud, soil, water and other substances used or
contaminated as part of the bore process shall be cleaned up and disposed
of off the Property.
5.2 The directional bore site shall be appropriately fenced as agreed to by
Grantor and Grantee. The fence shall be removed following completion
of site reclamation.
5.3 Except as part of the bore process, no reserve or drilling pits shall be
constructed or used on the Property.
5.4 Grantee shall have the right to use existing roads on the Property to access
water from the Colorado River as necessary for the directional boring
process. Any access areas shall be reclaimed at the same time as the
directional bore site is reclaimed.
6. Reclamation. After installation of the pipeline within the Easement, or any
maintenance or repair of the pipeline that disturbs the surface of the Property, Grantee shall
compact all excavated areas and disk the surface within 30 days for hay producing areas and 120
days for all other disturbed areas. Grantee shall restore any affected area to its approximate pre -
disturbance topography and prepare and re -seed all such areas with seed mix or the seed-type(s)
selected by Grantor and provided by Grantee, including fertilizer, crop seed, and cover. Grantee
shall be responsible for controlling all noxious weeds on any reclaimed area until the termination
of the Easement. Grantee shall insure a naturally contoured surface over the Easement.
7. Compliance with Law. Grantee, its agents, designees, assignees and successors -
in -interest shall, in connection with the use of the Easement, comply with all applicable federal,
state and local laws, rules and regulations applicable to Grantee's use of the Easement,
including, by way of example and not limitation, the common law and all other laws designed to
protect the environment and public health or welfare.
8. No Other Facilities. Nothing in this Agreement shall be construed as granting
Grantee the right to place any additional pipeline or other facilities on the Property other than the
one pipeline to be installed in the Easement. No compressor units or stations, processing plants,
evaporation ponds or other similar facilities of any kind shall be located on the Property.
3
9. Term of Grant. The Easement shall continue until: (i) the parties' mutual, written
agreement to terminate this Agreement, (ii) Grantee's written surrender of the Easement, or (iii)
non-use or abandonment of the pipeline or Easement for a period of more than two (2) years.
Upon termination or surrender of the rights granted under this Agreement, Grantee shall execute
and deliver to Grantor, within thirty (30) days of written demand therefor, an acknowledgment
that this Agreement has been terminated.
10. Liability of Grantee. Grantee shall be liable for any injury to persons, property,
or livestock caused by or incident to the operations of Grantee, its agents, employees,
contractors, or subcontractors on the Property, or any extraordinary damages due to spills of
materials, explosions, or any other harmful activity of Grantee. Grantee shall indemnify and
hold harmless Grantor from and against any and all liability, damages, costs, expenses, fines,
penalties and fees (including without limitation reasonable attorney and consultant fees) incurred
by or asserted against Grantor arising from or regarding or relating to (i) the operations of
Grantee, its agents, employees, contractors, or subcontractors on the Property or (ii) any other
rights granted by this Agreement. Such indemnification shall extend to and encompass, but shall
not be limited to, all claims, demands, actions or other matters which arise under the common
law or other laws designed to protect the environment and public health or welfare. Grantee
shall, at Grantor's option, defend Grantor or reimburse Grantor as expenses are incurred for
Grantor's defense against any claims, demands, actions, or other matters, whether brought or
asserted by federal, state, or local governmental bodies or officials, or by private persons, which
are asserted pursuant to or brought under any such laws relative to the rights granted by this
Agreement. All of Grantee's obligations stated in this Section 9 shall survive termination of this
Agreement.
11. Insurance. Grantee shall keep its operations insured, or comply with applicable
self-insurance laws and regulations, for automobile, liability, and workmen's compensation
insurance, and for any damages incurred on the Property.
12. Grantee Liens. Grantee shall, at its sole expense, keep the Property free and clear
of all liens and encumbrances resulting from Grantee's and its agents' activities on the Property,
and shall indemnify and hold harmless Grantor from and against any and all liens, claims,
demands, costs, and expenses, including, without limitation, attorney fees and court costs, in
connection with or arising out of any work done, labor performed, or materials furnished.
13. No Warranty of Title. This Agreement is made subject to any and all existing
easements, rights-of-way, liens, agreements, burdens, encumbrances, restrictions, and defects in
title affecting the Property. Grantor does not in any way warrant or guarantee title to the
Property.
14. Non -Exclusive Use and Reservations. All rights granted in this Agreement are
limited to the specific grants described in this Agreement. Grantor reserves to itself and its
successors and assigns all rights not specifically granted to Grantee in this Agreement, including
the right to the use and enjoyment of the surface of the Easement so long as such use does not
hinder, conflict with, or interfere with Grantee's rights under this Agreement, provided however
that no reservoir, excavation, or structure shall be constructed or permitted on, over, or within
4
the Easement without the prior written consent of Grantee. Grantor further agrees not to change
the grade or otherwise remove dirt from the surface of the Easement without prior written
consent of Grantee, unless the grading or dirt removal is consistent with normal agricultural
practices in the area.
15. Waiver. The failure of either party to enforce any of its rights under this
Agreement upon any occasion shall not be deemed a waiver of such rights on any subsequent
occasions. The waiver, either express or implied, by any party of any of the rights, terms or
conditions in this Agreement shall not be deemed as or constitute a waiver of any other rights,
terms or conditions in this Agreement. Any waiver, in order to be valid and effective, must be in
writing.
16. Notice. Wherever provision is made in this Agreement for the giving, service, or
delivery of any notice or other instrument, such notice shall be given by: (i) personal delivery, or
(ii) United States first class mail, postage prepaid; provided, however, that each party may
change that party's mailing address by giving to the other party written notice of change of such
address in the manner provided in this Section 15. Mail shall be deemed to have been given,
served and delivered upon the third delivery day following the date of the mailing; personal
delivery shall be deemed to have been given, served and delivered upon receipt. Written notices
shall be mailed to:
GRANTOR:
Gary Mahaffey
4947 County Road 309
Parachute, CO 81635
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
17. Survival of Obligations. All obligations, indemnifications, duties, and liabilities
undertaken by Grantee under this Agreement shall survive the termination of this Agreement.
18. Merger of Prior Agreements. This Agreement contains the sole and entire
agreement and understanding of the parties with respect to its entire subject matter. All prior
discussions, negotiations, commitments, and understandings relating to the subjects of this
Agreement are merged into it.
19. Amendments. This Agreement may only be amended by the written agreement of
both parties. This Agreement cannot be amended orally.
20. Headings. Section headings or captions contained in this Agreement are inserted
only as a matter of convenience and for reference, and in no way define, limit, extend, or
describe the scope of this Agreement or the intent of any provision.
21. Construction. Whenever required by the context of this Agreement, the singular
shall include the plural, and vice versa; and the masculine gender shall include the feminine and
neuter genders, and vice versa. The provisions of this Agreement have been independently,
separately and freely negotiated by the parties as if drafted by both of them. The parties waive
any statutory or common law presumption that would serve to have this Agreement construed in
favor of or against either party.
5
22. Applicable Law and Attorney Fees. This Agreement and the rights of the parties
under it shall be governed by and interpreted in accordance with the laws of the State of
Colorado, by the District Court of Garfield County, Colorado. In the event of a dispute
involving or related to any term or condition of this Agreement, the non -breaching party shall be
entitled to recover its reasonable costs and attorney fees, including post judgment collection
costs, in addition to actual damages.
23. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective heirs, successors and assigns. The Easement
granted in this Agreement shall run with the land and is not a personal covenant; provided,
however, that assignment by Grantee of some or all of its rights hereunder shall not release
Grantee from liability under this Agreement, unless specifically released by Grantor in writing.
GRANTOR:
GRANTEE:
ETC CANYON PIPELINE, LLC
y: Pith Int 1—.512 -WS
Title:grproj� Sr VP., Open -a -}t on.5
STATE OF COLORADO )
) .ss
COUNTY OF GARFIELD )
The foregoing instrument was subscribed and sworn to before me on
/ 7 '/-3 , 2008, Gary Mahaffey.
My commission expires:
Witness my hand and seal.
STATE OF COLORADO )
) .ss
6
COUNTY OF Psetini S )
�Threisegoin mstrument was subscribed and sworn to before me on
" Z, 2008, by m .1"' Seeecr5Authorized Agent of ETC CANYON
PIPELINE, LLC. Sr. Iv.p. , 0
fLezrAikibecs
((t
My commission expires:3) `I I ( 2—
Witness my hand and seal.
DONNA WAVERS
isit9 •V°%NoMv Copublimmisc, StatesionExpiresof Texas
., •....:': $ Haled 0412012
7
Notary Public
i
1/4 Section Line
36
NWI/4 NEI/4
SEGBON 36, TOS R95W
Owner: POTTER
_Property Line
P.O.E. No. 2
NO2'08'58"W, 228.92'
N01'57'29"E, 417.18
Owner: G. MAHAFFEY
N00'11'09"W, 472.66'
Centerline of
Proposed Pipeline
NO2'40'16"E, 139.76'
VJ g1?2i)
546. 5 0 E. N°.
II---Center/ine of
Existing Pipeline
-J
N
0
LEGEND
PUBLIC LAND SURVEY CORNER
O ANGLE POINT
P.O.B. POINT OF BEGINNING
P.O.E. POINT OF ENDING
1 4 Section Line
NO0'55'06"E, 737.55'
N11'34'21 "E, 34.46'
N41'14'451E, 36.24'
N8223'05"E, 436.04'
POINT "B"
N08'08'15"E, 39.96'
P.O.B. No. 2
County Rp° 9
P.O.E. No. 1
��- N08'O8'15"E, 115.82'
POINT "A"
N22'10'28"W, 226.87'
N25'19'27"W, 142.05'
17'17'20"E, 33.33'
P 0.8. No.
SW1/4 SEI/4
SECTION 36, TBS R95W
Owner. DIAMOND ELK LLC
_N89403'17"W, 1835.28'
(To P.O.B. No. 2)
N2'09'01 "W 2140.78'
(TO P.O.B. No.
NORTHEAST
CORNER
SECTION 36
ALUM. CAP WITH
ILLEGIBLE MARKING
N00'57'07"'E, 2644.7
AST 1/4
CORNER
SECTION 36
CALCULATED
SOUTHEAST
CORNER
SEC BON 38
7911/1981 C.LO.
BRASS CAP
CLIENT:
ETC Canyon Pipeline LLC
SCALE:
REVISION:
AS SHOWN I 3/11 /08
SURVEYED BY:
WATCH
SURVEYING
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS G. MAHAFFEY PROPERTY, SECTION 36, T6S, R95W,
GARFIELD COUNTY, COLORADO
DRAWN BY: CJT
DATE DRAWN: 3/055/08
PROJECT NUMBER: 07-11-06
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
EXHIBIT A
SHEET
1 of 2
LEGAL DESCRIPTION
A pipeline dghtof-way located in the NW1/4 SE1/4, and the SW1/4 NE1/4
of Section 36, T6S, R95W, 6TH P.M., Garfield County, Colorado, the centerline
of said right-ofway being more particularly described as follows:
Commencing at the Southeast Corner of said Section 36 and running
thence N 52°091W W, 2140.18 feet to the POINT OF BEGINNING, (the base
bearing for this survey being N 00°58'11"E, 2855.13 feet between found
monuments at the Southeast Corner and the East One -Quarter Corner of said
Section 36);
thence N 17°1720"E, 33.33 feet thence N25°1927' W, 142.05 feet
thence N 22°10'28"W, 226.87 feet; thence N 08°08'151'E, 115.82 feet to the
POINT OF ENDING of this portion of said centerline, said point lying on the
Southerly right-of-way line of County Road 309.
Also, commencing at the Southeast Corner of said Section 36 and running thence
N 00°58'11"E, 1807.18 feet along the East dine thereof, thence N 89°03'17" W,
1835.28 feet to the POINT OF BEGINNING;
thence N 08°08'15' if, 39.96 feet thence N 82°23105°E, 436.04 feet;
thence N41°1445" E, 36.24 feet; thence N11°3421'E,34.46feet
thence N 0005506" E, 737.55 feet; thence N 02°40'16'E, 139.76 feet;
thence N 00°11109"W, 472.66 feet; thence N 01°57.29'E, 417.18 feet;
thence N 02°08'8' W, 228.92 feet to the POINT OF ENDING, said point lying on
the north line of said SW1/4 NE1/4, S 46°59'16" W, 1917.63 feet from the
Northeast corner of said Section 36.
Said centerline being 3080.85 feet In length.
RIGHT-OF-WAY LIMITS BOX
PROPERTY OWNER
Reference Points
FROM
TO
Work Space
Left
Work Space
Right
P.O.B.
POINT A
25'
35'
POINT A
POINT B
30'
30'
POINT B
P.O.E.
35'
25'
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
G. MAHAFFEY
Sec. 36, T6S R95W
3060.85
3060.85
Total
3060.85
BASIS OF BEARING
The base bearing for this survey is
N 00°581116E, 2655.13 feet between
found monuments at the Southeast
Corner and the East One -Quarter Corner
of Section 36, T6S, R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruita, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
CLIENT
ETC Canyon Pipeline LLC
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS G. MAHAFFEY PROPERTY, SECTION 36, T6S, R95W,
GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN
REVISION:
3/11/08
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11-06
SURVEYED BY:
rr�
WASATCH SURVEYING ASSOCIATES
BIM 906 MAIN STREET, EVANSTON, WY 82930
106 WASATCH
(307) 789-4545
EXHIBIT A
SHEET
2 of 2
O
S
W
z
RAILROAD
ner:
DENVER & RIO
GRANDE
WESTERN RAILROAD
RAILROAD RICHT-OF-WAY
(PROPERTY LINE
CORNER PE NOWF'
THE POINT OF ENDING BEARS
N 72'40'37" E, 1774.10 FEET
FROM TIlE SOUTHWEST CORNER
OF SECTION 25, T65, R95W.
EXTRA
WORKSPACE (TYP)
P.O.E
Owner:
G. MAHAFFEY
PONT A ‘44,1,
(2390.16) .a
25
1
Centerline of I '
Proposed Pipeline
V I
N50'08'55"W, 396.53'
NORTH 1/4
CORNER
=RCN IS
CALCULATED
/�
•
EX/S77NG ROAD
(+/-3887' FROM COUNTY ROAD
TO PROPOSED PIPELINE)
z
OD
N50"0855"6, 600.00'
S88'44'16'E, 25888..26'
•
Owner, /N50'08'55'W 254,54
G. MAHAFFEY
Colorado River
/
LEGEND
PUBLIC LAND SURVEY CORNER
0 ANGLE POINT
PO.B, POINT OF BEGINNING
P.O.E. POINT OF ENDING
t400'S635"W,
I 158.77)
Section 25
Section 36 S88•52'31 "E,
2565.19' CORNER
SECPW x
AWWMI CAP NM
NIMBID!MON°
CLIENT:
ETC Canyon Pipeline LLC
SCALE: EVISION:
AS SHOWN 9/03/08
URVEYED BY:
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS G. MAHAFFEY PROPERTY, SECTION 36 &
SECTION 25, T6S, R95W, GARFIELD COUNTY, COLORADO
DRAWN BY: CJT
DATE DRAWN:
3/05/08
7 EXHIBIT A
BTCH
_SURVEYING
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
PROJECT NUMBER: 07-11 —06
SHEET
1 of 2
LEGAL DESCRIPTION
A pipeline right -of --way located In the NE1/4 WW1/4 of Section 36, and the SEI/4 SW1/4
of Section 25, T65, R95W, 6TH P.M., Garfield County, Colorado, the centerline of said
right-of-way being more particularly described as follows:
Commenting at the Northwest Corner of said Section 36 and running
thence S 88°44'16'E, 2588.26 feet along the North line thereof,
thence S 00°56'55' W, 158.77 feet to the POINT OF BEGINNING;
thence N 50°08'55"W, 254.54 feet to a point lying on the South line of said Section 25,
said pant lying S 88°44'16'E, 2390.16 feet from the Southwest comer thereof;
thence continuing N 50°08'55"W, 306.53 feet to a point to be known as Point "A";
thence continuing N 50°08'55' W, 600.00 feet the POINT OF ENDING, said point lying
on the boundary line between G. Mahaffey & Denver & Rio Grande Western Railroad
properties, said point also lying N 72°40'37'E, 1774.10 feet from the Southwest corner
of said Section 25.
Said centerline being 1161.07 feet In length.
RIGHT-OF-WAY LIMITS BOX
Reference Points
FROM
TO
Extra Work
Space Left
Work Space
Left
Work Space
Right
Extra Work
Space Right
P.O.B.
POINT "A"
0'
30'
30'
0'
POINT "A"
P.O.E.
70'
30'
30'
70'
Extra Work Space = 1.93 Acres
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
G. MAHAFFEY
Sec. 36, T6S R95W
254.54
1161.07
Sec. 25, T6S R95W
906.53
Total
1161.07
BASIS OF BEARING
The base bearing for this survey is
S 88°44'16' E, 2588.26 feet between the
Northwest Comer and the North
One -Quarter Corner of Section 36, T6S,
R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Fruita, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION: RULISON TO ENTERPRISE PIPELINE
ACROSS G. MAHAFFEY PROPERTY, SECTION 36 &
SECTION 25, TES, R95W, GARFIELD COUNTY, COLORADO
SCALE: AS SHOWN
REVISION:
9/03/08
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11-06
SURVEYED BY:
Azcg
iitStORVEYING
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
EXHIBIT A
SHEET
2 of 2
ETC CANYON PIPELINE, LLC
1600 Broadway, Suite 1900
Denver, CO 80202
May 20, 2008
NOTICE OF INTENT TO ACQUIRE AND FINAL OFFER TO PURCHASE
VIA HAND DELIVERY
Diamond Elk, LLC
Re: Acquisition of Property Interests by ETC Canyon Pipeline, LLC
Dear Diamond Elk, LLC:
As we have previously discussed, ETC Canyon Pipeline, LLC ("ETC") proposes to
construct and maintain pipelines currently estimated to be approximately 10 miles in length to
transport gas or other substances transportable by pipeline through portions of Garfield County
("Project").
Design has progressed to a point that ETC has determined that it intends to acquire certain
property interests. A review of public records indicates that it is necessary to acquire from you
certain property interests for the Project.
Exhibit A contains a legal description of the centerline of the property interests that ETC
intends to acquire from you. ETC intends to acquire a permanent easement thirty (30) feet in
width consisting of fifteen (15) feet on each side of the centerline described in Exhibit A. The
terms of the permanent easement are attached hereto as Exhibit B. ETC intends to acquire a
temporary construction easement of an additional thirty (30) feet in width as set forth in Exhibit A
(see Right -of -Way Limits Box and references made therein). The terms of the temporary
construction easement are included in Exhibit B. The permanent easement and the temporary
construction easement described above and in Exhibits A and B are hereafter collectively referred
to as "Property Interests."
ETC has determined that the acquisition of the Property Interests is necessary for the
Project. This letter provides to you ETC's official Notice of Intent to Acquire the Property
Interests as well as ETC'S Final Offer pursuant to Colorado Revised Statute § 38-1-121.
Notice of Intent to Acquire and Final Offer to Purchase
May 20, 2008
Page 2
I have been selected by ETC to assist it with the acquisition of the Property Interests from
you. ETC desires to enter into negotiations to purchase the Property Interests. If these
negotiations are unsuccessful, ETC may acquire the Property Interests through exercise of it power
of eminent domain.
It is ETC's policy and obligation to pay just compensation for the acquisition of the
Property Interests, as defined in the Colorado Constitution and appropriate Colorado statutes.
ETC has retained the services of an independent fee appraiser, Hunsperger & Weston, Ltd., to
determine just compensation. Conveyance is to be by written agreement executed between you
and ETC.
Pursuant to Colorado Revised Statute § 38-1-121, as amended, (copy enclosed as Exhibit
C), you are entitled to obtain one appraisal from an appraiser of your choosing. ETC will pay the
reasonable costs for your appraisal, provided:
1. The appraisal is made using sound, fair and recognized appraisal practices
consistent with law.
2. Three copies of your appraisal are submitted to ETC along with the appraiser's
invoice, within 90 days from your receipt of this notice.
It is not required that you obtain such an appraisal. ETC recommends that in the event you
wish to pursue such an appraisal on your own behalf, you begin immediately. In order to
eliminate any misunderstanding regarding the reasonableness of your appraiser's qualifications
and fees which would be paid by ETC, we suggest that you provide to our office in advance a
copy of your appraiser's proposal and suggested fee and I will respond accordingly as to ETC's
agreement to pay said fee.
ETC has engaged the services of Hunsperger & Weston, Ltd. to appraise the Property
Interests. ETC hereby offers you the sum of to acquire the Property Interests. ETC's
offer is based on transfer of the Property Interests to ETC unaffected by any liens, encumbrances,
possessory interests or tenancies of any kind. Please note that if it is necessary to acquire the
Property Interests through litigation ETC reserves the right to present evidence based upon the
amount of just compensation determined by its appraiser.
The Final Offer set forth in this letter shall remain open for 14 days from the date of this
letter. ETC prefers to obtain the Property Interests for construction of the Project through
negotiation and with your consent. If we are unable to reach agreement by that time, ETC may
pursue acquisition of the necessary Property Interests through its power of eminent domain.
Notice of Intent to Acquire and Final Offer to Purchase
May 20, 2008
Page 3
Thank you for your cooperation in this matter. Should you have any questions, please do
not hesitate to contact me at (720) 225-4011. In any event, I will be calling you soon to discuss
this matter with you.
Sincerely,
ETC CANYON PIPELINE, LLC
By: J ,
Enclosures:
Arthur Smith,
Manager of Engineering - Projects
Exhibit A - legal description of centerline
Exhibit B - permanent easement terms and temporary construction easement terms
Exhibit C - CRS § 38-1-121
cc: Don Ostrander, Esq.
Elizabeth Rubinstein, Esq.
W
LL
I
125
POINT 'B
Centerline of
Proposed Pipeline
118
1.27
L2
LJ
LJ
124
Section 36, T6S, R95W
L21
12J-
10
23
Section 7, 775, R95W
NORTH I,
CORNER
SEC EON 1
1982 PLM
ALUM CAP
LINE TABLE
LINE
DIRECTION
LENGTH
LI
NO3'54'56"E
79.95
L1
N04100"29"W
213.47
L3
901'27'10'E
1497.29
14
6459'20'22"W
480 78
15
N06v1'13"w
430.31
L6SOS
5"W
EY'
N175751057wrw
__.1120.46
9289
LEI
N2n_2'n"W
74.17
L9
93576'04"W
. 133.41
110
R3r05'04"W
83.92
1
N20'41i6"W
173 61
112
N10'31'08"W
184.04
4,04
113
'12t
52.46
114
/4211
41.18
115
18141'57"E
N15'11'15"W
198.70
LIE
171.40
118
0301'25-W
13848
1.19
P0304'17"1P_
7811
110
MI711C0"W
N
41.88
120
8'04'41"W
N04'04'p"w
114,39
121
N0I37'38 W
214,39
122
N46'18'49"W
94.75
11.3
N46'18'49"W
80.29
L1491361
'01 w
184.19
125
N36'I 7'36-E
114.96
L16
N84'55i57
191.59
127
9823'51 E
112.30
129
988873'35T
69.17
129
N37"J0''E
63.11
130
NJ4'14'3l31'E
79.98
L31
N10'5J76"E
140.27
132
11/4134'55'03'E
30.38
L33
N61'082
32.78
134
it
585W8'27'E
56.09
135
N171710"E
129.98
17
16
115
Eli
112
L11
LID
19
L8
- L
J
O.E.
35
31
290
Owner:
DIAMOND
ELK LLC
589'00'32"W, 2565.52'
O.S.L. I (2151.74')
f Existing Pipeline
Owner:
DIAMOND
ELK LLG
Owner:
DIAMOND
ELK LLC
5
Owner:
DIAMOND
ELK LLC
DINT "A"
Edge o/
Existing Rood
0
-L3
-L2
1100
Owner:
DIAMOND
ELK LLC
(1235.50)
LEGEND
PUBLIC LAND SURVEY CORNER
O ANGLE POINT
P.O.B. POINT OF BEGINNING
P.D.E. POINT OF ENDING
SOUTH I/4
CORNER
sEcnON 1
1982 ELM
ALUM. CAP
S89'01'47'E, 2647.70'
EAST
COPNCR
SFr tICH
CALCI A IED
N)
Z
NOR MEAS
CORNER
SECTION 1
1911/1981 L L O
BRASS CAP
to
n
O
CAST 1/4
COPNER
SECEOW 1
911 O L O
nPA55 CAP
LD
oi
co
"1
N
SOUTHEAST
CORNER
SEC rim I
ULULATED
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
DIAMOND ELK LLC
Sec. 1, T7S R95W
4199.91
4199.91
Sec. 36, T6S R95W
2007.66
2007.66
Total
6207.57
LIEN
ETC Canyon Pipeline LLC
DESCRIPDON: RULISON TO ENTERPRISE PIPELINE
ACROSS DIAMOND ELK LLC PROPERTY, SECTION 1, T7S, R95W, &
SECTION 36, T6S, R95W, GARFIELD COUNTY, COLORADO
EVIS10NI
CALE:
AS SHOWN I /16/08
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07- 1
-06
SURVEYED BY:
WASATCH SURVEYING ASSOCIATES
EMU 906 MAIN STREET, EVANSTON, WY 82930
SURVEYING (307) 789-4545
EXA3IT
SHEET
1 of 2
LEGAL DESCRIPTION
A pipeline right-of-way located In the E1/2 of Section 1, T7S, R95W,
and the SW1/4 SE1/4 of Section 38, T6S, R95W, 6TH P.M.,
Garfield County, Colorado, the centerline of said right-of-way being
more particularly described as follows:
Commencing at the Southeast Corner of said Section 1 and running
thence S 89'01'47'E, 1235.50 feet along the South line thereof,
thence N 00'58'13' E, 1284,99 feet to the POINT OF BEGINNING;
thence N 03°54'56"E, 79.95 feet; thence N 04°00'29" W, 213.47 feet;
thence N 01°2r10^ E, 1497.29 feet; thence N 59°20'22" W, 480.78 feet;
thence N 06°02'23" W, 430.32 feet; thence N 08°54'05' W, 120.46 feet;
thence N 17°57'41" W, 92.89 feet; thence N 27°02'22" W, 74.17 feet;
thence N 35°26'04' W, 133.41 feet; thence N 31°05'04" W, 83.92 feet;
thence N 27°41'16" W, 183.61 feet; thence N 20°31'58' W, 174.04 feet;
thence N 12°14'06" W, 64.76 feet; thence N 21°18'12" E, 52.49 feet;
thence N 18°41'57" W, 148.18 feet; thence N 15°1125" W, 198.70 feet;
thence N 03°04'17"W, 171.48 feet to a point lying on the south line of said
Section 36, said point lying S 89°00'32"W, 2151.74 feet from the Southeast
Corner thereof thence continuing N 03°04'17" W, 38.21 feet;
thence N 17°17'01"W, 71.04 feet; thence N 08°04'41" W, 143.88 feet;
thence N 04°34'10' W, 214.39 feet; thence N 01°37'36"W, 94.75 feet;
thence N 46°18'49' W, 140.47 feet; thence N 48°33'02"W, 184.29 feet;
thence N 36°17'36' E, 214.96 feet; thence N 84°55'15"E, 191.59 feet;
thence S 82'03'51"E, 112.30 feet; thence N 88°23'35" E, 69.17 feet;
thence N 57°30'13"E, 63.11 feet; thence N 34°24'31"E, 79.98 feet;
thence N 10°53'48" 6, 140.27 feel; thence N 34°55'03" E, 30.38 feet;
thence N 62°08'18'E, 32.78 feet; thence S 85°48'27"E, 56.09 feet;
thence N 17°17'20' E, 129.98 feel to the POINT OF ENDING said point lying on
the north line of said SW1/4 SE1/4, N 52°09'01" W, 2140.18 feet from the
Southeast corner of said Section 36.
Said centerline being 6207.57 feet in length.
BASIS OF BEARING
The base bearing for this survey is
S 89°00'32" W, 2565.52 feet between
found monuments at the Northeast
Corner and the North One -Quarter
Corner of Section 1, T7S, R95W.
CERTIFICATE OF SURVEYOR
I, Ted Taggart of Frusta, Colorado hereby certify
that this map was made from notes taken
during an actual survey made by me or under
my direction for ETC Canyon Pipeline LLC and
that the results of which are correctly shown
hereon.
RIGHT-OF-WAY LENGTHS
PROPERTY OWNER
SECTION
FEET
TOTAL
DIAMOND ELK LLC
Sec. 1, T7S R95W
4199.91
4199.91
Sec. 36, T6S R95W
2007.66
2007.66
20'
Total
6207.57
RIGHT-OF-WAY LIMITS BOX
Reference Points
FROM
TO
Additional
Temporary Work
Space Left
10'
Permonent
Right -of -Way
Left
15'
Permanent
Right -of -Way
Right
15'
Additional
Temporary Work
Space Right
20'
P.O.B.
POINT A
POINT A
POINT B
20'
15'
15'
10'
POINT A
P.O.E.
10'
15'
15'
20'
CLIENT:
ETC Canyon Pipeline LLC
DESCRIPTION: RULISON TO ENTERPRISE P PELINE
ACROSS DIAMOND ELK LLC PROPERTY SECTION 1, T7S, R95W, &
SECTION 36, T6S, R95W, GARFIELD COUNTY, COLORADO
: EVISION•
SCALE
AS SHOWN 5/16/08
DRAWN BY: CJT
DATE DRAWN: 3/05/08
PROJECT NUMBER: 07-11-06
SURVEYED BY
RViTCK
SURVEYfNG
WASATCH SURVEYING ASSOCIATES
906 MAIN STREET, EVANSTON, WY 82930
(307) 789-4545
EXHIBIT A
SHEET
2 of 2
RIGHT OF' WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to
as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER
VALUABLE CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter
referred to as GRANTEE, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, assign and convey unto said GRANTEE, whose address is 1600
Broadway, Suite 1900, Denver, Colorado 80202, its successors and assigns, a Right of Way
Easement, hereinafter referred to as ROW, to locate, survey a route, clear, entrench, construct,
maintain, operate, and repair and replace as necessary a pipeline with appurtenances including,
but not limited to, above and below ground valves, cathodic protection equipment, and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and
through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision Section Township Range
SEI/4 1 7S 95W
S1/2 NE1/4 1 7S 95W
NW1/4 NE1/4 1 7S 95W
SW1/4 SE1/4 36 6S 95W
This ROW shall be thirty (30) feet in width, more particularly described as a permanent
easement encumbering fifteen (15) feet of land on each side of the centerline described in
Exhibit A, attached hereto and incorporated herein by reference. An additional thirty (30) feet
of temporary construction easement ROW shall be necessary, is hereby acquired by the
GRANTEE and is more particularly described in Exhibit A (see Right -of -Way Limits Box and
references made therein). The temporary construction easement shall expire one year from the
date of execution of this Right of Way and Easement Agreement.
This ROW shall carry with it GRANTEE's rights and benefits necessary or convenient
for the full enjoyment or use of the rights herein granted, including, but not limited to, right of
ingress and egress to and from, and access on and along said ROW, with the right to use existing
roads, for the purposes of locating, surveying, constructing, operating, inspecting, testing,
repairing, altering, and maintaining the facilities and the removal or replacement of same at will,
either in whole or in part, and the replacement of said pipeline with either like or different size
pipe, and the right to cut all trees, undergrowth, and other obstructions that, in its judgment, may
injure, endanger or interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the
land and be binding upon GRANTOR, its heirs, executors, administers, personal representatives,
legal representatives, successors, and assigns, and may be assigned by GRANTEE, either in
whole or in part, subject to the terms hereunder.
EXHIBIT
g
GRANTEE may, at any time, and upon permanent abandonment of said ROW and
removal of all improvements constructed thereon, execute and record a reconveyance and release
hereof, whereupon this ROW and all rights and privileges herein mutually granted shall be fully
cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for
the purposes herein granted, but such use shall not hinder, conflict or interfere with GRANTEE's
surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation,
obstruction or structure shall be constructed nor be permitted for construction, created or
maintained on, over, along or within said ROW without prior written consent of GRANTEE.
GRANTOR further agrees not to change the grade or otherwise remove dirt from the surface of
said ROW without prior written consent of GRANTEE.
GRANTOR hereby agrees that consideration received for this ROW fully compensates
GRANTOR for all rights herein granted, as well as surface damages resulting from construction
of the facilities.
GRANTOR represents and warrants that it is the owner in fee simple of the land herein
described, and that the land herein described is not encumbered by any deeds of trust, mortgages,
liens, encumbrances, possessory interests or tenancies of any kind.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are
without authority to make any covenant or agreement not herein expressed and this ROW, as
written, covers all agreements and stipulations, between the said parties, and no representations
or statements, oral or written, have been made modifying, adding to, or changing the terms
hereof.
It is hereby understood that the parties executing this ROW on behalf of GRANTOR
have authority to bind GRANTOR.
IN TESTIMONY WHEREOF, the GRANTOR, herein has executed this conveyance this
/7 day of Jan -i- , 2008.
GRANTOR:
Diamond Elk, LLC
A Colorado Limited Liability Company
Joseph P. arrett
Attomey-In-Fact
2
GRANTEE:
ETC Canyon Pipeline, LLC
Bv:
Arthur mith
Manager of Engineering - •rolects
THE STATE OF COLORADO
CONTY OF )e/2/el .
The foregoing instrument was acknowledged this// 7 day of �/%'�2 , 2008,
before me, a notary public, in and for said county and state, personally came the above-named
Joseph P. Barrett as Attorney -In -Fact for Diamond Elk, LLC who is personally known to me and
known to me to be the identical person whose name is affixed to the above instrument to be his
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the
day and year above written.
My Commission Expires: 3/20/
THE STATE OF COLORADO
CONTY OF ,All 11 Llr
C
Notary Public in and for
The State of Colorado
The foregoing instrument was acknowledged this / / day of JU/22 , 2008,
before me, a notary public, in and for said county and state, personally came the above-named
Arthur Smith as Manager of Engineering - Projects for ETC Canyon Pipeline, LLC who is
personally known to me and known to me to be the identical person whose name is affixed to the
above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the
day and year above written.
My Commission Expires:
Notary Public in and for
The State of Colorado
§ 38-1-121. Appraisals --negotiations
(1) As soon as a condemning authority determines that it intends to acquire an interest in
property, it shall give notice of such intent, together with a description of the property
interest to be acquired, to anyone having an interest of record in the property involved. If
the property has an estimated value of five thousand dollars or more, such notice shall
advise that the condemning authority shall pay the reasonable costs of an appraisal
pursuant to subsection (2) of this section. Such notice, however, need not be given to any
of such persons who cannot be found by the condemning authority upon the exercise of due
diligence. Upon receipt of such notice, such persons may employ an appraiser of their
choosing to appraise the property interest to be acquired. Such appraisal shall be made
using sound, fair, and recognized appraisal practices which are consistent with law. The
value of the land or property actually taken shall be the fair market value thereof. Within
ninety days of the date of such notice, such persons may submit to the condemning
authority a copy of such appraisal. The condemning authority immediately upon receipt
thereof shall submit to such persons copies of its appraisals. If the property interest is being
acquired in relation to a federal aid project, then the appraisals submitted by the
condemning authority shall be those which have been approved by it pursuant to applicable
statutes and regulations, if such approval is required. All of these appraisals may be used by
the parties to negotiate in good faith for the acquisition of the property interest, but neither
the condemning authority nor such persons shall be bound by such appraisals.
(2) If an appraisal is submitted to the condemning authority in accordance with the
provisions of subsection (1) of this section, the condemning authority shall pay the
reasonable costs of such appraisal. If more than one person is interested in the property
sought to be acquired and such persons cannot agree on an appraisal to be submitted under
subsection (1) of this section, the condemning authority shall be relieved of any obligation
herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this
section.
(3) Nothing in this section shall be construed as in any way limiting the obligation of the
condemning authority to negotiate in good faith for the acquisition of any property interest
sought prior to instituting eminent domain proceedings or as in any way limiting the
discovery rights of parties to eminent domain proceedings.
(4) Nothing in this section shall prevent the condemning authority from complying with
federal and state requirements to qualify the authority for federal aid grants.
(5) Nothing in this section shall be construed to limit the right of the condemning agency to
institute eminent domain proceedings or to obtain immediate possession of property as
permitted by law; except that an eminent domain proceeding may not proceed to trial on
the issue of valuation until the ninety -day period provided in subsection (1) of this section
has expired or the owner's appraisal has been submitted to the condemning authority,
whichever is sooner.
(6) If the parties involved in the negotiations fall to reach agreement on the fair market
value of the property being acquired, the condemning authority, prior to proceeding to trial
on the issue of valuation, shall furnish all owners of record a written final offer.
EXHIBIT
Co
RIGHT OF WAY AND EASEMENT
STATE OP COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite. 1900, Denver, Colorado 80202, Its successors
end assigns, a Right of Way and Easement, hereinafter referred to es ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and maintain as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and through the
lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision ,Section Township Range
E/2 1 7S 95W
SW/4SE'4 36 6S 95W.
This ROW shall be thirty (30) feet In width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lands Is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete and recorded at Garfield Courthouse records within
sixty (60) of completion of construction.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the tights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, and maintenance.
This ROW together with all rights herein granted shall be covenanty running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW with
prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or In any
way arising out of any detect, imperfection, operation, maintenance or constriction of said facilities,
GRANTOR hereby agrees that consideration received for this ROW Nilly compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from constriction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shalt have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such Ilea and rights incident thereto.
Diamond Elk, LW I/2l/20na
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
It is hereby understood that the parties executing this ROW on behalf of GRANTOR have authority
to bind GRANTOR. d
IN TE$ ONY WHEREOF, the GRANTOR, herein have executed this conveyance this 21i
day of ((rid CC , 2008,
GRANTOR:
Diamond Elk, LW
A Colorado Limited Liability Company
By:
NJoseph '" ett
a: Assistant Secretary
GRANTEE:
ETC Canyon Pipeline, LW
By:
Name: Brian Peters
Title:Director-Pipellneinglneedng& Operations
THE STATE OF COLORADO
COUNTY OF .PCl2t/Pev
The foregoing instrument was acknowledged before me this 27 day of Ott • , 2008 before me, a
notary public, in and for said county and state, personally came the above-named ,Joseph P. Barrett as
Assistant Secretary of Diamond Elk. LW. a Colorado Limited Liability Company who Is personally known
to me and known to me to be the identical person whose name is affixed to the above instrument to be his
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my band and affixed my notary seal the day and year above
written.
(thee
My Commisslon Expires: 5/Li/ / (
THE STATE OF COLORADO
COUNTY OF..DenVer
Notary Public in an for
The State of Colorado
The foregoing instrument was acknowledged before me this2— day of Ott, • 2008 before me, a
notary public, in and for said county and state, personally came the above-named)3rian Peters as Director —
Pipeline Enaineerinn & Operations for ETC Canyon Pipeline LLC who is personally known to me and
known to me to be the identical person whose name is affixed to the above instrument to be his voluntary act s—
and deed. ' E.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year de
+0" �" R�/i(
o, : CE Rb .CP
e j
•
re
i111A0
GPOO�,BLk�4Ou F COS.O
ty'4
written. /
My Commission Expires: 5/2/fi/ CQ. iGLe2a—)
Notary blip in and for
The Slate of Colorado
Diamond Elk, LLC 1/21/20
EXfjISR"A"
Part l of3
Attached to and made a part of a„aIn
Right of Way and Easement dated Odebar 7IS 2008,
by and between Diamond Me= a Colorado Limited
Llablity Company. Grantor, and ETC Canyon Pipeline LLC, Grantee
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02.3160)
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atiW
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Mlu%o
RIO NT•OF•WAYLENGTHS
PROPERTY O'A'NER
SECTION
FEET
TGTAL
ONMONDELKLLO
Sat I,T7S ROW
410461
410611'
See. 80,T68R56W
2007A6
200714
Total
020717
FiNn
ETC Canyon Plpellne'UC
"'AS iNOM ' g O/16/08
RWnD an
09503P909 RIRISON TO ENTERPRISE PIPELINE
ACROSS DIAMOND ELK L10 PROPERTY 5EC110N 17S, RBSW, &
SECTION 36, 165, RBOW GARFIELD COUNTY, COLORADO
DRAM Sn "Nf
DAtt DRAM 3/05/08 k0JECTNOYOE& 07-11-06
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EXHIBIT "&"
Part2of0
Attached to and made a part of a
Right of Nay and Easement dated October 2008,
by and between Diamond E&, Lie a Cobrodo LMAed
llabTh , Company, Ghanlor, and ETC Canyon Pipeine LLD, Greets
tl�I{i►p11 Rdl �iltht�ih hnilVh �IlCtiti411N�1 "Jill'
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LEGAL DESCRIPTION
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BASIS OF BEARING
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found monuments el the Northeast
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CERTIFICATE OF SURVEYOR
I, TetTeggert of Fade, Cototadehereby ce y
(hit this mop was mode from n02es token
Meng an aeluelsurvey made byme or under
mydlaoNon for ETC Canyon Pipeline LLCand
Maths mull; of *oh are corp otyehown
hereon.
RIGHT-OF-WAY LENOTHS
PROPERTY OWNER
SEC, 110N
FEET
TOTAL
DIAMOND ELK LW
Sec. 1,TTS ROSH
4108.91
4190.01
Sec 38, T88 R95W
2001.08
2007.85
15'
Total
e20E57
RIONTR'QWPPa-WAY LU9T8 BOX
Pauinonent
FROM -
TO
AddlNpeW
Temporary Work
Spate Lett
fight -of -Way
telt
Permanent
Right -of -Way
RICA .
Addltnnel
Temporary Work
Spore Right
P.O.O.
POINT A
10'
15'
15'
20'
POINT A
POINT 8'
20' -
15'
15'
10'
POINT B
P.O.E.
10'
I5'
15'
20'
wain ETC Canyon Pipeline tic
OESCAPTMtE RWSON TO ENTERPRISE PIPELINE
ACROSS OW4OND EIR tic PROPERTY. SECTION I, 77S, RSSW, &
5E080N 35, The, MEW, OARRELO COUNTY, COLORADO
SCND AS SWAN niS/16/08.
ERAMI em CJT
081E OMNI 3/05/08 IMOOT Lvueup 07-11-06
erarxo an
WATCH SIMK.YHO AssoaATEg
44511894 SIRED, EVANSTON. WY e2e00
(301) 789-4545
EXHIBIT A
EXHIBIT"A"
Pall 3 o[8
Attached to and made apart otceddealIppw�
WO atWa end Easement dated October 2008,
2008,
by and behreen Diamond Ea( LLC a Cobreda ltgVed
LIabf y Company, Grantor, and ETC Canyon Pipeline LLC, Grantee
Pala
Center//no of
Proposed pipe/Ina
Section TR, MS; R95W
Batten 7, 77$ R95W RAN (12
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58921147 E, 2847.70'
RIGHT-OF-WAY LENGTHS
PROPER1YCWNER
SECTION
PEET
TOTAL
dAAtONDELKLLC
1Ro.1, TU6R65'N
4768.91
4189.01
Sem 38. TN ROSY!
2007.68
2007.89
Tobe
8207.67
1011'
ETC Canyon Pipeline LLC
DLSERPf02: RUIISON TO ENTERPRISE PIPEUNE
ACROSS DIAMOND ELK LIG PROPERTY, SECTION , T75, R95W, &
SECTION 38, T6S, ROSY?. GARFIELD COUNTY, COLORADO
h As SHOe` ia1/10/081 pRA%H en Ort DALE ORA rw: 3/05/08 I[9o.1[GT nuhmER: 07-11-06
scitWNWLflO on
NASA104 SURYNND ASOCATES
(9aMAN
STREET, EVANSTAY, VAT 52930 I
EXHIBIT "B"—LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipes to a minimum of 48 -inches of cover, so as not to interfere with cultivation of soil and
other development.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW,
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities.
6. Except for normal and routine maintenance mid 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.
7. MI gates shall be left as they are found. Access must be coordinated with Diamond Elk,LLC contact
noted below.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
_ 9, GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed•type(s) selected by
GRANTOR.
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
I I.
My large reeks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR,
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
13. All operations should be coordinated with GRANTOR contact noted below, ou a daily basis, or as
near as possible.
14. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Diamond Elk, LW
Sandy Retard, Agent
1058 County Road 215
Parachute, CO 81635
(970) 263-2288
sandylotard@williams.com
GRANTEE:
ETC Canyon Gas Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Diamond Elk, LLC 1/21/2008
GROUND LEASE
STATE OF COLORADO
COUNTY OF GARFIELD
THIS GROUND LEASE (this "Lease"), made effective this 3rd day of December 2008,
by and between Solvay Chemicals, Inc. (American Soda, LLP), whose address is 3333
Richmond Avenue, Houston, TX 77098, hereinafter called "Lessor," and ETC Canyon Pipeline,
LLC, a Delaware limited liability company, whose address is 1600 Broadway, Suite 1900,
Denver, Colorado 80202, hereinafter called "Lessee." The individuals, companies, and entities
named above may sometimes' individually be referred to as "Party" and collectively as the
"Parties."
WITNESSETH:
For and in consideration of Ten Dollars ($10.00) and the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which are
. hereby acknowledged, Lessor has granted, leased and let, and by these presents does hereby
grant, lease and let unto Lessee, for the purposes agreed to herein, exclusive use of the surface
of the following described property, situated in Garfield County, Colorado:
A parcel of land situated in Garfield County of Section 2 of Township 7S, Range
96W of the NI/2, containing 1.31 acres more or less, and as more particularly.
described on the attached Exhibit "A" which is incorporated herein for all
purposes.
The above-described property is hereinafter referred to as the "Leased Premises."
Lessor and Lessee hereby agree as set forth herein:
Purpose of Lease. The Leased Premises may be used by the Lessee for any and all,
purposes consistent with Lessee's business activities of natural gas gathering,
including, but not limited to, 'constructing, maintaining, operating and storing on
the Leased Premises, equipment; warehouses, machinery, engines, tank batteries,
pumps, power stations, pipelines, and other materials and equipment for purposes
incidental to the foregoing privileges, including rights of ingress and egress.
2. Ingress and Egress. Lessor hereby grants to Lessee the non-exclusive right of ingress
and egress to and from the Leased Premises, and across the existing roads and pathways
connecting thereto, as is reasonably necessary for Lessee to access, operate and maintain
the Leased Premises. Lessee agrees to maintain its proportionate share of the existing
rail crossing and road access to facility.
3. Term. This Lease shall be effective for a period beginning on the effective date of this
Lease and shall continue for a term of ten (10) years.
Throughout the term of this Lease, and at Lessee's sole cost and expense, Lessee shall:
(i) take good care of the Leased Premises and all other improvements placed by it on the
Leased Premises, including control of noxious weeds as required by governmental
authorities; (ii) keep the same in good and safe order and condition, reasonable wear and
tear excepted; and (iii). fully and timely make all necessary repairs thereto, interior and
exterior, structural and 'nonstructural, ordinary and extraordinary,' and unforeseen and
foreseen. • As used herein; the term "repairs" includes all necessary replacements,
renewals, alterations, additions and betterments. All repairs shall be performed promptly
in a good and workmanlike manner in compliance with all applicable permits,
authorizations, building and zoning laws and all applicable legal requirements. Lessee
shall put, keep and maintain all portions of the Leased Premises in a clean and orderly
condition free of rubbish and other obstructions. Lessee, at Lessee's sole cost assumes
the full and sole 'responsibility for the condition, operation, repair, replacement,
maintenance and management of the Leased Premises and such improvements.
4. Consideration. .Lessee shall pay to Lessor, a one time payment of $50,000 for the initial
ten (10) year term of the Lease, due on the execution ofthis Lease.
5: Option to Renew. Grantee shall have the option to renew. this Agreement prior to the
expiration of the initial Ten (10) year term for one (1) additional Ten (10) year term upon
the same terms and conditions as provided for herein for a consideration of $50,000.00
adjusted for inflation according to the following formula:
$50,000.00 multiplied by the quotient of AB = Renewal Option Payment, where:
•
A = The Consumer Price Index (CPI -U. Average [1982-1984] - all items, Bureau of
Labor•Statistics of the United States Deparment of Commerce) for the third month prior
to the expiration of the initial Ten (10) year term;
B = The same Consumer Price Index for the month this Agreement becomes effective;
provided, in no event shall the, Renewal Option Payment be less than $67,195.82.
If there shall be no such Consumer Price Index at the time of renewal, then the parties
shall use the most nearly comparable successor index, approximately adjusted to the
month this Agreement becomes effective.
6 Surrender. Lessee may surrender this Lease in whole or in part at any time by filing an
instrument of full or partial surrender of public record in the county wherein the Leased
Premises are located. Upon such surrender, Lessee shall be relieved of all obligations
under this Lease as to lands so surrendered, except as specifically noted herein.
7. Removal of Eauiument. The Parties agree that all buildings, machinery and other
material, equipment and property placed on the Leased Premises by Lessee shall not
become part of the real' property but shall remain the personal property of Lessee, and
that Lessee shall have the privilege of removing all personal property and improvements
placed by it on the Leased Premises, provided it does so within six (6) months following
termination or expiration of this Lease.
8. Reservation of Mineral Operations on Leased Premises. ' Lessor reserves the right for
itself or its assignees to explore for, mine, and remove oil shale, oil and gas, ores and
other minerals in, on or under the Leased Premises, in a manner not to interfere with or
be otherwise inconsistent with the purposes of this Lease.
Indemnity.
(a) Lessee agrees to protect, indemnify and hold Lessor and Lessor's affiliates,
parent and subsidiary companies, joint ventures and partners (the "Lessor
Indemnitees") harmless, from and against any and all liability, loss, damage,
injury, costs (including attorneys fees), expenses, fines, claims, demands and
causes of action arising out of, or in any way connected with Lessee's activities
or operations under this Lease, including (i) injury to or illness or death of any
person (including but not limited to a Lessor Indemnitee or an employee or agent
of -Lessor or Lessor's contractors or subcontractors or any third party), (ii) loss of
`or damage to property (including but not limited to property of the Lessor
Indemnitees, Lessor, Lessor's contractors or subcontractors or any third party), or
(iii) violation of any federal, state or local laws, rules, regulations, and orders
including but not limited to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended ("CERCLA"), and the Resource
Conservation and Recovery Act, as amended ("RCRA"). This indemnity shall not
apply to the extent that it is void or otherwise unenforceable under applicable
law.
(b)
Lessee shall not be obligated to correct nor shall Lessee's indemnity obligations
include: (i) any condition arising out of, resulting from or in any way connected
with, any spilling, leaking, emitting, discharging, depositing, escaping, leaching,
dumping, migration or other releasing into the environment, whether intentional
or unintentional (collectively, a "Release') which occurred prior to the effective
date hereof or is at any time caused by Or through Lessor (including Lessor, any
agent or representative of Lessor or its affiliates); or (ii) any environmental
conditions documented in any Phase I or Phase II Report relating to a time prior
to the effective date hereof with respect to the Leased Premises (collectively the
"Excluded Matters"). Lessor and Lessee agree that prior to the effective date
hereof, Lessee shall pay for the cost of a Phase I Environmental Site Assessment,
on the Leased Premises in order to establish the baseline condition of the Leased
Premises prior to the effective date hereof. Such work shall be conducted by a
mutually acceptable environmental consultant.
10. Lessee Insurance Requirement. Lessee shall maintain, during the term of this Lease, the
insurance coverages and endorsements indicated on Lessee's certificate of insurance
attached hereto.
11. Warranty. The undersigned wanant that they are authorized to execute this Lease on
behalf of the Parties to this agreement. Lessor hereby binds itself, its heirs, legal
representatives and assigns to wan -ant and forever defend all and each of the above
• described easements and rights, unto the said Lessee and Lessee's successors and assigns
against every person whomsoever lawfully claiming or to claim the same, or any part
thereof by, through and under Lessor, but not otherwise, and the easements conveyed
herein are conveyed by Lessor and accepted by Lessee expressly subject to any
exceptions and reservations and other matters existing on the effective date of this Lease
affecting title of record, including all existing easements, rights-of-way, licenses, leases
and other agreements affecting the surface or subsurface of tbejeased Premises._Lessee
3
may, at its option, discharge any tax, mortgage, or other lien on the Leased Premises, in
whole or in part, and thereby be subrogated to each such lien or liens, with the right to
enforce the same and to apply all rentals toward the satisfaction thereof. If Lessor owns
less than the entire interest in the Leased Premises, the rentals to be paid hereunder shall
be proportionally reduced.
12. Assignment. All of the terms, covenants, and conditions of this Lease shall be binding
upon the successors and assigns of the Parties.
13. Breach and Cure. It is agreed that no default or breach of this Lease shall be deemed to
have occurred on the part of Lessee until sixty (60) days after written notice of such
default or breach shall have been given to Lessee, and the Lessee within such time shall
have failed to remedy such default or breach.
14. Environmental Discharge or Hazardous Materials. Should any' discharge, leakage,
spillage, emission, or pollution or Environmental Liabilities of any type occur upon or
from the Leased Premises due to Lessee's use and occupancy thereof, Lessee, at its
expense, shall be obligated to. reclaim the Leased Premises to the satisfaction of any
appropriate governmental body enforcing applicable law having jurisdiction thereover as
soon as reasonably possible.
"Environmental Liabilities" shall mean any investigation, notice, violation, demand,
allegation, action, suit, injunction, judgment, order, consent decree, penalty, fine, lien,
proceeding or claim (whether administrative, judicial or private in nature) arising (i)
pursuant to, or in connection with an actual or alleged violation of, any applicable law or
any environmental permit, (ii) in connection with any Release or handling or use of any
Hazardous Materials, (iii) from any abatement, removal, remedial, corrective or response
action taken under any applicable law or order of a governmental authority or (iv) from
any actual or alleged damage, injury, threat or harm to health, safety, natural resources,
property, person, or the environment.
"Hazardous Materials" shall mean: (i) any "hazardous waste" as defined by RCRA or
under any applicable state analogue; (ii) any "hazardous substance" as defined by
CERCLA and regulations promulgated thereunder or under any applicable state
analogue; (iii) any petroleum-based products, by-products or waste materials; (iv) any
other substance that under applicable law requires special handling or notification of any
governmental authority in its collection, storage, transport, treatment, or disposal,
including without limitation asbestos -containing materials and lead-based paint; and (v)
any other chemical, substance or waste that is regulated under any applicable law.
Lessee covenants that all improvements built on the Leased Premises by Lessee shall be
constructed in a manner, to the extent reasonably feasible, to prevent Releases of
Hazardous Materials into the soil, groundwater, or surface water on, at, or underlying the
Leased Premises. Lessee further covenants that it shall construct and install (i) state-of-
the-art containment areas, that shall be constructed of concrete lined with a liner
compatible with materials being stored therein, for all tank storage areas; (ii) state-of-
the-art containment areas, that shall be constructed of concrete lined with a liner
compatible with materials being stored therein, for all rail and truck loading and
unloading areas; and (iii) one or more covered areas for the storage of products and
wastes contained in drums, pails or totes, with such areas to have a concrete floor with a
lining compatible with the materials being stored thereon.
4
15. Taxes. Lessee agrees to pay promptly and before delinquency all taxes and assessments
levied or assessed upon or against the Leased Premises or its facilities and operations on
the Leased Premises, during the term hereof, by reason of, or resulting from Lessee's
activities under this Lease.
16. Notices. All notices shall be in writing with postage prepaid addressed to the applicable
Party hereto at the address set forth below, or to such other persons and addresses as may
hereafter be designated by the Parties hereto in writing. All notices shall be deemed
delivered when deposited in a United States post office enclosed in a prepaid envelope
addressed as hereinabove provided, or if not mailed, when delivered in person to the
affected Party.
Within five (5) business days of any of the triggering events described in this paragraph
below, Lessee shall notify Lessor in writing of, and provide any reasonably requested
documents upon learning of, any of the following relating to the operations or activities
of Lessee on or at the Leased Premises: (1) any material liability for response or
corrective action, natural resource damage or other harm pursuant to CERCLA, RCRA
or any comparable state law relating to remediation of Releases; (2) any notice of a
material Environmental Claim; (3) any material violation of an applicable law or
material Release or threatened Release of a Hazardous Material; . or (4) any
environmental; natural resource, health or safety condition, which is not in compliance
with applicable laws or environmental permits, and could reasonably be expected to cost
in excess of $10,000 to remedy. In the event of any unpermitted or unauthorized Release
'of any Hazardous Substance on the Leased Premises during the term of this Lease not
caused by or through Lessor, Lessee: (i) will immediately give written notice to Lessor
of the Release; and (ii) with respect to any Release which: (a) is caused in whole or in
part by Lessee (b) in any way arises from Lessee's use of the Leased Premises, Lessee,
at Lessee's sole expense; shall promptly remove and/or institute a remediation program
in respect of such Release in accordance with the requirements of applicable law
applicable thereto including, without limitation, full and timely cooperation by Lessee
with all •governmental authorities. All such notices required under this paragraph shall
describe in reasonable detail the nature of the claim, investigation, condition, occurrence
or removal or remedial action and the Lessee's response thereto. In addition, Lessee
agrees to provide Lessor with copies of all material written communications by the
Lessee with any person or governmental authority relating to any of the matters set forth
in above, as may reasonably be requested by Lessor.
LESSEE: ETC Canyon Pipeline, LLC
Attn: Scott Pierce
1600 Broadway, Suite 1900
Denver, Colorado 80202
Fax: 970-263-0962
Office: 970.2484587
LESSOR: Solvay Chemicals, Inc. (American Soda, LLP)
Atte; Marc Nuchelmans
3333 Richmond Avenue
Houston, TX 77098
Office: 713-525-6827
Fax: 713-525-7807
5
With copies to:
Solvay Chemicals, Inc. '(American Soda, LLP)
2717 County Road 215
Parachute, CO 81635
Office: 970-285-0400
Fax: 970-285-6393
17. .Termination of Lease.
(a) Upon termination of the tights herein given, Lessee shall execute and deliver to
Lessor, within thirty (30) days after written demand therefor, a good and sufficient release
to all interest of Lessee in the Leased Premises so terminated. Should Lessee fail or refuse
to deliver to Lessor such release, a written notice by Lessor reciting the failure or refusal
of Lessee to execute and deliver said release, as herein provided, shall after ten (10) days
from the date of recordation of said notice, be conclusive evidence against Lessee and all
persons claiming under Lessee of the termination of this Lease or a portion thereof and all
interest of Lessee hereunder as' to that portion, subject to Lessee's obligation to remove its
property within six (6) months of such termination. Termination shall not operate to
extinguish any obligations of Lessee which have accrued at the time of termination, or
which accrue hereunder upon termination.
(b) If an event of Force Majeure (as defined below) renders the Leased Premises
substantially unusable by Lessee, Lessee's compliance with this Lease (but not including
the payment of money, or the provision of insurance and/or indemnity) shall be excused if
and for so long as compliance by Lessee is hindered or prevented by Force Majeure. In
such event, Lessee shall give written notice to Lessor by the fastest means of
communication available, specifying the circumstances which Lessee believes constitute
Force Majeure and the estimated duration thereof. "Force Majeure" means any act,
circumstance or event beyond the control of Lessee, including but not limited to
earthquakes, hurricanes, fires, storms, tidal waves or other Acts of God, riots, strikes,
lockouts; picketing, boycotts, insurrections, rebellions, civil disturbances, terrorism, war
and dispositions or orders of governmental authority, whether such authority be actual or
assumed.
18. Anplicable Law.
(a) This Lease and the exhibits hereto shall be governed as to validity, enforcement,
construction, effect, and in all other respects, by the law of the State of Colorado, and its .
courts shall have jurisdiction to enforce this Lease.
(b) Lessee shall comply with all building, zoning and health codes and other '
applicable laws for the use of said Leased Premises.
(c) Lessee shall, at all times, do the following: (i) comply in all material respects
with, and maintain the Leased Premises in compliance in all material respects with, all
applicable laws; (ii) require that its contractors and subcontractors comply in all material
respects withall applicable laws; (iii) obtain and maintain in MI force and effect all
approvals of and permits required by any governmental authority under any applicable
law for its operations on the Leased Premises; (iv) cure any violations of applicable laws
by it or its operations on the Leased Premises; (v) not allow to be built or operated on the
Leased Premises any hazardous waste treatment, storage, recycling or disposal facility,
or solid waste disposal facility, for which a permit is required pursuant to RCRA or any
comparable state hazardous Waste law; (vi) not' manufacture, use, generate, transport,
treat, store, Release, dispose or handle any Hazardous Materials at any of the Leased
Premises exeept in the ordinary course of its business; and (vii) promptly provide or
otherwise make available to Lessor any reasonably requested environmental records,
data, or. reports concerning the Leased Premises that the Lessee possesses or can
reasonably obtain.
(d) . The rights and obligations hereunder, shall survive the expiration or earlier
termination of this Lease.
18. Attorneys Fees. In the event of a default by either Party in the performance of its duties,
the court with the proper jurisdiction to resolve the dispute shall award reasonable
attorneys fees and costs to the Successful Party or in such other manner as the court sees
fit.
19. Memorandum of Lease. Contemporaneously with the execution and delivery of this
Lease, the Parties agree to execute, acknowledge and' record an appropriate
memorandum of this Lease to provide record notice of this Lease.
20. Counterparts. This Lease maybe separately executed in any number of counterparts and
by different Parties in separate counterparts, each of which when so executed shall be
deemed to constitute one and the same Lease. Delivery of this Lease and any other
document§ to be delivered in connection herewith by any Party may be effected, without
limitation, by faxing a signed counterpart of any such document to the other Party (any
Party that effects delivery in such manner hereby agrees to transmit promptly to the
other Party an original signed counterpart).
IN.WITNESS WHEREOF, the Parties hereto have executed this lease in duplicate.
originals as of the day and year first above written.
GRANTOR:
Solvay Chemicals, Inc. (American Soda, LLP)
By:! 7�c
Title:
Date: . /.7 - 3 - O/
GRANTER:
ETC Canyon Pipeline, LLC
By:
Name: John Mich. el Howard
Title: Chief Operations Officer
Date: December 3,. 2008
7
THE STATE OF r� nn14 S
COU -) w
COUNTY OF S
The foregoing instrument was acknowledged before me thisriday of 1.+e4c^'*`inm-i 2008, before At/
me, a notary public, in and for said county and state, personally came the above-named /t, h9""
as • for Solvay Chemicals, Inc. (American Soda, LLP) who is
pars Wally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year
above written.
My Commission Expires: 3 121.L01 ' .. �}' �
Notary
yPublic fn and for
�✓✓,/✓1✓✓./.Y✓✓✓✓,/✓✓✓✓✓✓ .Ate of Tc X4
MARIE G JOHANSEN lei
til : ; NOTARY PUBLIC, STATE OF TEXAS I)
.1111.^otoreetrOtCe7e•tetelor-41:4•1/:0:41:141119
1 '2 ppro MY COMMISSION EXPIRES 1
(1 MARCH 12, 2012
THE STATE OF TEXAS
COUNTY OP EEXAR
•
The foregoing instrument was acknowledged before me this '✓qday of ThCZ.oerh btJl 2008, before
me, a notary public, in and for said county and state, personally came the above-named John Michael
Howard as Chief Operations Officer for ETC Canyon Pipeline, LLC who is personally known to me and
known tome to be the identical person whose name is affixed to the above instrument to be his voluntary
act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year
above written.
My Commission Expires: MAR Ite ,Zo 12..
Publi
eState ofu .
8
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easemeht, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and replace as necessary.a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and through the
lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision Section, Eownshin IYanee
EI/2 2 7S 96W
SEI/4NWI/4' 2 '78 96W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lan4s is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As-BuiltPipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe, and the right to cut all trees, undergrowth, and other obstructions that, in
its judgment, may injure, endanger br interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and shall, upon permanent abandonment of said ROW and removal of
all improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change'the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
American Soda, LLP 10/28/2008
GRANTEE agrees to protect, indemnify and hold GRANTOR and GRANTOR's affiliates,
parent and subsidiary companies, joint ventures and partners (the "GRANTOR Indemnitees")
harmless, from and against any and all liability, loss, damage, injury, costs (including attorneys
fees), expenses, fines, claims, demands and causes of action arising out of, or in any way connected
with GRANTEE's activities or operations under this ROW, including (i) injury to or illness or death
of any person (including but not limited to a GRANTOR Indemnitee or an employee or agent of
GRANTOR or GRANTOR's contractors or subcontractors or any third party), (ii) loss of or damage
to property (including but not limited to property of the GRANTOR Indemnitees, GRANTOR,
GRANTOR's contractors or subcontractors or any third party), or (iii) violation of any federal, state
or local laws, rules, regulations, and orders including but not limited to the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), and the
Resource Conservation and Recovery Aot, as amended ("RCRA"). This indemnity shall not apply to
the extent that it is void or otherwise unenforceable under applicable law.
GRANTEE shall not be obligated to correct nor shall GRANTEE'S indemnity obligations
• include: (i) any condition' arising out of, resulting from or in any way connected with, any spilling,
leaking, emitting, discharging, depositing, escaping, leaching, dumping, migration or other releasing
into the environment, whether intentional or unintentional (collectively, a "Release") which
occurred prior to the effective date hereof or is at any time caused by or through GRANTOR
(including GRANTOR, any agent or representative of GRANTOR or its affiliates); or (ii) any
environmental conditions documented in any Phase I or Phase II Report relating to a time prior to
the effective date hereof with respect to said property (collectively the "Excluded Matters").
GRANTOR and GRANTEE agree that prior to the effective date hereof, GRANTEE shall pay for
the cost of a Phase I Environmental Site Assessment, on said property in order to establish the
baseline condition of said property prior to the effective date hereof. Such work shall be conducted
by a mutually acceptable environmental consultant.
Should any discharge, leakage, spillage, emission, or pollution or Environmental Liabilities
of. any type occur upon or from said property due to GRANTEE's use and occupancy thereof,
GRANTEE, at its expense, shall be obligated to reclaim said property to the satisfaction of any
appropriate governmental body enforcing applicable law having jurisdiction thereover as soon as
reasonably possible.
•
"Environmental Liabilities" shall mean any • investigation, notice, violation, demand,
allegation, action, suit, injunction, judgment, order, consent decree, penalty, fine, lien, proceeding or
claim (whether administrative, judicial or private in nature) arising (i) pursuant to, or in connection
with an actual or alleged violation of, any applicable law or, any environmental permit, (ii) in
connection with any Release or handling or ,use of any Hazardous Materials, (iii) from any
abatement, removal, remedial, corrective or response action taken under any applicable law or order
of a governmental authority or (iv) from any actual or alleged damage, injury, threat or. harm to
health, safety, natural resources, property, person, or the environment.
"Hazardous Materials" shall mean: (i) any "hazardous waste" as defined by RCRA or under
any applicable state analogue; (ii) any "hazardous substance" as defined by CERCLA and
regulations promulgated thereunder or under any applicable state analogue; (iii) any petroleum-
based products, by-products or waste materials; (iv) any other substance that under applicable law
requires special handling or notification of any governmental authority in its collection, storage,
transport, treatment, or disposal, including without limitation asbestos -containing materials and
lead-based paint; and (v) any other chemical, substance or waste that is regulated under any
applicable law.
American Soda, LLP 10/28/2008
Within five (5) business days of any of the triggering events described in this paragraph
below, GRANTEE shall notify GRANTOR in writing of, and provide any reasonably requested
documents upon learning of, any of the following relating to the operations or activities of
GRANTEE on or at said property: (1) any material liability for response or corrective action, natural
resource damage or other harm pursuant to CERCLA, RCRA or any comparable state law relating
to remediation of Releases; (2) any notice of a material Environmental Claim; (3) any material
violation of an applicable law or material Release or threatened Release of a Hazardous Material; or
(4) any environmental, natural resource, health or safety condition, which is not in compliance with
applicable laws or environmental permits, and could reasonably be expected to cost in excess of
$10,000 to remedy. In the event of any unpermitted or unauthorized Release of any Hazardous
Substance on said property dining the term of this ROW not caused by or through GRANTOR,
GRANTEE: (i) will immediately give written notice to GRANTOR of the Release; and (ii) with
respect to any Release which: (a) is caused in whole or in part by GRANTEE (b) in any way arises
from GRANTEE 's use of said property, GRANTEE, at GRANTEE'S sole expense, shall promptly
remove and/or institute a remediation program in respect of such Release in accordance with the
requirements of applicable law applicable thereto including,, without limitation, MI and timely
cooperation by 'GRANTEE with all governmental authorities. All such notices required under this
paragraph shall describe in reasonable detail the nature of the claim, investigation, condition,
occurrence or removal or remedial action and the GRANTEE's response thereto. In addition,
GRANTEE agrees to provide GRANTOR with copies of all material written communications by the
GRANTEE with any person or governmental authority relating to any of the matters set forth in
above, as may reasonably be requested by GRANTOR.
. GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this 31243
day of Cx. 2008.
GRANTOR: GRANTEE:
ETC Canyon Pipeline, LLC
By: Ir
N e _John Michael Howard
Title: Chief Operations Officer
American Soda, LLP 10/28/2008
p. •
THE STATE OF re X AS
COUNTY OF 114 a S
The foregoing instrument was acknowledged before me this,34stday of al-tJ 2008, before me, a
not public, in and for said county and state, personally came the above-named /l;ebrt..(
as ; ar, for American Soda, LLP who is personally known to me and known to f j An
met be the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written. .
My Commission Expires: c3 I I21 ao l • Jags- LcA_n_.s
Notary Public and for
The State of "re x9 S
THE STATE OF TEXAS
COUNTY OF BEXAS
P✓ l.�Y+Y�YYl✓!✓1✓ll✓lll✓✓ll.A1
`' kT ir MARIE G JOHANSEN (k(
IC NOTARY PUBLIC. STATE OF TEXAS S
fi COMMISSION
�Ve MARCH 12,E2012 i
Id
The foregoing instrument was acknowledged before me this day of—bele t rare -A, 2008, before me, a
notary public, in and for said county and state, personally came the above-named John Michael Howard as
Chief Operations Officer for ETC Canyon Pipeline, LLC who is personally known to me and known to me to
be the identical person whose name is affixed to the above instiumentto be his volrintary act and deed.
•
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the da ' d year above
written.
My Commission Expires: M kan.-an.1t, tot Z
Joan t Notary Public State of a
4i My Commission' Expires:
March 16, 2012
American Soda, LLP 10/28/2008
EXHIBIT `B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 36 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good' or better than previous condition.
3. ' Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW. •
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities.
6. 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;
7. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
8. No firearms, pets, alcohol or illegal drugs shall, be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with either ELM seed mix, or the seed-type(s) selected by
• GRANTOR.
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
11. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches. '
13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
14. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
. in writing and mailed to:
GRANTOR:
Solvay Chemicals, Inc. (American Soda, LLP)
Attn; Marc Nuchelmans
3333 Richmond Avenue
Office: 713-525-6827
Fax: 713-525-7807
With copies to:
Solvay Chemicals, Inc. (American Soda, LLP)
2717 County Road 215
Parachute, CO 81635
Office: 970-285-0400
Fax: 970-285-6393
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
American Soda, LLP 10/28/2008
PAYMENT AGREEMENT
This Payment Agreement, hereinafter referred to as Agreement is made and entered into this 3rd day
of December 2008, by and between American Soda, LLP, as GRANTOR, and ETC Canyon Pipeline, LLC,
as GRANTEE.
WHEREAS, for good and valuable consideration GRANTOR has granted to GRANTEE the right to
construct facilities under the attached Right of Way and Easement.
NOW THEREFORE, GRANTEE agrees to pay GRANTOR a payment of $4.85/foot for a Right of
Way and Easement estimated to be Z965 feet to fully compensate GRANTOR for all rights granted under the
attached Right of Way and Easement for a total payment of $14,291.30, payable upon the execution hereof.
This Payment Agreement shall not be recorded by either party.
My distribution to tenants, heirs, creditors or others will be made at GRANTOR'S sole discretion
• EXECUTED the date fast written above.
GRANTOR: GRANTEE:
American Soda, LLP ETC Canyon Pipeline, LLC
<
Ey: . Ey. ,,JR« N e: 7 hnMichael Howard 011-
Title: Title:Chief Operations Officer
Tax ID Number:.
American Soda, LLP 10/28/2008