HomeMy WebLinkAbout1.0 ApplicationDate:
SPECIAL USE PERMIT
-5-83
Applicant:
Northwest Pipeline Corporation
Address of Applicant: 4#2 Foresight Circle, Grand Junction, Colorado 81505
Special Use
To install and operate natural gas transmission line.
Legal Description:
Subdivision Section
Township
Range
S�SW�
NNW'
29
32
5 South
5 South
Wllsw4sW'
NE'NWk
28
2
5 South
6 South
102 West
102 West
102 West
103 West
Requirements:
1. Plans and specifications for pronostd use.
Letters of approval from utility companies, sewage and water. Road access
and other information deemed necessary.
A vicinity map drawn to scale depicting the subject property, locz,Ition and
use of buildings and structures on adjacent lots.
4. An impact statement on the proposed use (see 5.03.07 - 4.03.09 of Zoning Pegs.)
5. A copy of Assessor's map showing property; and a listing of all adjoining property
owners and property owners within 200 feet of said property. Notice containing
information described under paragraph 5 shall be mailed to al owners of record of
these lots at least 5 days prior to the hearing by certified return receipt mmi1.
6. Notice including the name of the applicant, descripti n of the subject lot,
description of the proposed special use and the time and place for the hearing sial:
be given in the newspaper of general circulation in that portion of the County at
least fifteen (15) days prior to such hearing time. Applicant shall bear the cost
of advertising.
7. A fee of $500.00 shall be charged for each application and shall be submitted wit'
the application
This Special Use Permit is in compliance with Sections 5.03 and 9.03 of the Garfield
Covmty Zoning Resolution and as per application.
list all property owners within 200 feet of subject property lines.
1) Young Ranrhes., 56R_S- Rnacl, Fruita, Colorado 81521
2) Bureau of Land Management, 764 Horizon Drive, Grand Junction, CO 81501
:',tach map snowing all improvements (present and proposed) and all pertinent distances
•l area. Show all improvements on your property and adjoining property within 200 feet of
:our boundary.
The ab ve information is correct to the hest of my knowledge.
?'roof of Publication
ReccirZs
Fec
Spe. is1 [se Granted
Spercial i'SQ Denied_
Reason for Denial
Aprlicant
Date: •T C: 6-J
rioard of County Commissioners
Garfield County, i nlnr:,,,n
• 1
Permit #: R/W#:
NORTHWEST PIPELINE CORPORATION'S
* EXHIBIT B *
PLAN OF OPERATIONS
STATE: Colorado COUNTY: Garfield GATHERING SYSTEM: Foundation Creek
GRANTOR: Bureau of Land Management/Young Ranches
NORTHWEST PIPELINE CORPORATION, a corporation, of Salt Lake City, Utah hereby
applies under Section 28 of the Act of February 25, 1920 (41 Stat. 449), (30
U.S.C. Sec. 185) as amended by the Act of November 16, 1973, (87 Stat. 576 for
right of way as described below.
A. Project Description (Well Name, laterals, pipe size, tie-in etc)
1) Tenneco - Douglas Pass Unit - Young 32-3
4 1/2 inch 0.D. Pipeline - tie into Lateral A-7
2) Tenneco - Douglas Pass Usa 33-5
4 1/2 inch 0.D. Pipeline tie into Lateral A-7 Extension #1
3) Lateral A-35 Extension #1
4 1/2 inch 0.D. pipeline - tie into Lateral. A-35.
Construction width (ft) Temporary Permit Needed: ( ) yes (X) No ) See
Permanent Width (ft) Length (ft) (rods) (acres) ) Comments
TOWNSHIP RANGE SECTION SUBDIVISION
5 South 102 West 29 S12SW1/4
5 South 102 West 32 N1NW1/4
5 South 102 West 32 W1/2SWISW1/4
6 South 103 West 2 NE1/4NW1/4
B. Route/Site Description
The project is within or adjacent to previously disturbed areas.
(X) Yes ( ) No ( ) In part (ft) of new disturbance
SEE PAGE 2 FOR DETAILS ON ROUTE
PAYMENT/FEES
Fees totaling N/A are hereby submitted, NWP Draft
Application $50.00 Monitor $20.00 Adv. Rent Other $
-1-
•
The following special attention features are part of this project::
( ) Sidecuts ( ) Shotrock ( ) Riprock ( ) Hazards:
( ) Road Crossing (X) Fence Crossings (X) Drainages ( ) Surface Line
( ) Other: (Specify)
TERRAIN/VEGETATION:
Specific Information:
Remote area with sparse vegetation.
C. Mapping: A 7.5' topographic map is attached (Exhibit A) showing the
proposed route, existing facilities, etc. Should an alternate or revised route
be selected a revised map will he forwarded.
D. Project Operations
1. Pre -construction:
Prior to construction Northwest Pipeline uses rubber tired vehicles to initially
survey and flag the centerline the proposed route, using existing areas of
disturbance as much as possible (access roads, other pipelines, etc.). Please
inform us of any possible land use conflicts, possible alternatives, environ-
mental conflicts, or special requirements (to include tentative stipulations and
archaeological survey). Northwest will participate in the Environmental Assess-
ment process at your office's request.
a. Northwest Pipeline corporation is authorized to operate in the state
of filing with proper documentation filed in the appropriate federal,
state, and regional offices.
b. Northwest has demonstrated its financial and technical capabilities as
is required and evidenced by its continued progress throughout western
states, particularly Colorado, Utah, Wyoming, and New Mexico.
c. All Safety measures have been considered. Northwest Pipeline will have
inspectors present during allphases of construction.
d. All necessary clearances and reports will be completed and submitted to
your office on or before the day of granting.
e. If determined necessary a detailed Environmental Protection Plan will
be completed and submitted prior to granting of the right-of-way.
-2-
• 1
Other -wise the following general construction plan will be applicable.
2. Construction
a. Notification: Your office will be notified at least 24 hours
prior to the start of construction unless a pre -construction meeting will be
required. In that case, arrangements will be made in the form of a request 5
days prior to construction date. Your office may wish to attend the bid showing
so that problem areas or special concerns may be discussed. Please notify us if
this is the case.
b. Clearing: The right of way will be cleared using a bulldozer as
standard equipment. In cases where clearing is not done a backhoe will usually
be utilized for trenching. Scrub vegetation such as sagebrush, greasewood,
grasses, etc. will be scraped off (scalped).
c. Tree Removal: Any trees will be purchased by permit if determined
necessary and cut prior to clearing. Disposal will usually involve one of the
following methods or as directed.
Any vegetation over 4 inches in diameter will be
- removed from the project area
- cut into 4 foot lengths and scattered over the right of way
- stacked in 4 foot lengths available to pick-up
Note: Stump height will not exceed 12" where blading is not required
d. Route Preparation: The right of way will then be prepared for
trench digging equipment. Where required topsoil will be stripped and
stockpiled for future restoration. It will not be used as padding of the
pipeline or mixed with spoil.
e. Construction: Standard Pipeline Construction Techniques will be
used with qualified inspectors on site during the project. The pipe will be
strung along the trench then welded and wrapped prior to being lowered into the
trench. The pipe will be buried a minimum of three feet in all areas. Where
the pipeline crosses small drainages or other suspected problem areas it will be
buried 4 to 5 feet deep, the trench will then be backfilled. Once the pipeline
is constructed all roads utilized in the construction of the project will be
stabilized and rehabilitated as close as possible to the original, including
original width. This will be subject to your office's approval and current
construction practices.
• 1
f. All construction activity shall cease when soils or road surfaces
become saturated to a depth of three inches unless otherwise approved by your
authorized officer.
During the construction phase of the project, the grantee shall
g•
spray the roads with water or an approved dust retardant in areas specified by
your office as needed.
3. Post Construction
a. All disturbed areas shall be recontoured to conform with local
topography (to include sidecuts, drainage crossings, etc). The topsoilwill be
replaced and erosion control structures constructed, as required.
b. Other stabilization or environmental concerns such as water bars or
"Kicker Dikes" will be constructed. Any required dikes will be constructed
across the entire right of way.
c. Any drainages encountered during construction will be cleared of
dirt and debris and backsloped as near as possible to original condition so as
to allow for continuance of the previous flow pattern.
d. Culverts will be installed where necessary.
e. Any above ground facilities will be painted.
f. As built survey maps will be submitted to the office of original
application as required.
Pipeline location warning signs will be posted upon completion of
g•
construction
h. Northwest will reseed all areas disturbed during construction as
required.
4. Special Considerations
a. A cultural resources survey will be completed and submitted for
acceptance prior to grant.
b. If, in its operations, Northwest Pipeline discovers any cultural
remains monuments, or sites, or any object of antiquity subject to the Antiq-
uities Act of June 8, 1906, or Archaeological Resources Protection Act of 1979,
the holder shall immediately cease activity and report directly to the responsi-
ble authorized officer.
• 1
c. If monitoring of the project is required, a qualified archaeolo-
gist will be present. A copy of the findings and report will be forwarded for
acceptance.
d. Any fossils discovered during construction will be reported.
Construction shall cease until the significance of the discovery can be de-
termined or permission is given to proceed.
e. All construction and maintenance activities shall cease when soils
or road surfaces become saturated. Otherwise arrangements or approval will be
further discussed.
f. All waste caused by construction activities will be removed and
disposed of in an authorized area, landfill or other approved area.
g. Northwest Pipeline shall comply with the applicable Federal and
State laws and regulations concerning the use of pesticides (i.e., insecticides,
herbicides, fungicides, rodenticides, and other similar substances) in all
activities or operations.
h. FERC Compliance with order 234-A, August 31, 1982. In order to
comply with existing law and environmental statutes as outlined in 234-A North-
west requests that your office make us aware of any impacts that may adversely
affect any aspect of the environment, particularly Threatened and Endangered
Species, and Cultural Resources. In the event that Cultural and/or Threatened
and Endangered Species may be impacted by the proposed project the appropriate
individuals/agencies will be contacted by us through the land managing agency
having jurisdiction over the project. We realize that these concerns are
always addressed in the Environmental Assessments dealing with our projects.
However, we have specifically addressed them here in order to meet Commission
order 234-A requirements for Blanket Certificate Authorization.
E. COMMENTS, NOTES, MODIFICATIONS OF PLAN
COMMENTS FOR A: Page 1
1) Young 32-3 - construction width
permanent width
2) USA 33-5 construction width
permanent (BLM)
3) LATERAL A-35 Construction width
Ext #1
Ft (width)
60 ft
60 ft
(private) 60 ft
35 ft
(private) 40 ft
40 ft
permanent width (BLM)
Length Rods Acres
3498.0 212 4.82
3498.0 212 4.82
1485.0 90 2.04
1600.5 97 1.28
1204.5 73 1.11
2899.0 175.7 2.67
This project will not have a significant adverse impact on:
a) Existing lawful use of water through depleting or pollution of surface
run-off, stream flow or ground water.
b) Use of adjacent land through generation of vapor, dust, smoke, noise
glare or vibration, or other emanations.
c) Wildlife and domestic animals through creation of hazardous at-
tractions, alteration of existing native vegetation, blockage of
routes, use patterns or other disruptions.
migration
There will be approximately twenty-five (25) construction workers on site. All
workers will commute to their homes in the Grand Junction and/or Rangely.
The project duration will be ten (10) days to fourteen (14) days, depending on
weather conditions.
ATTACHMENT - EXHIBIT "A" (map)
1) Quad map - Douglas Pass
2) Garfield County Tax maps
ight of Way Agent
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
GRAND JUNCTION DISTRICT
RIGHT-OF-WAY GRANT
Serial No. C-25122 CZ
Expiration Date June 19, 2007
Holder Identification Numbers
81908, 82425
This right-of-way grant, which is a license for a term of 30 years
entered into on Y CW -C N 3 , \Cki33 by the United
States of America, the licensor, through the Bureau of Land Management,
and Northwest Pipeline Corporation, 412 Foresight Circle, Grand Junction,
CO 81501, the licensee, is hereby issued under Section 28 of the Mineral
Leasing Act of February 25, 1920 (41 Stat. 449), as amended (30 U.S.C.
185).
Sec. 1. DETAILS OF THE GRANT:
Authorized Use:
Location of R/W:
(within 40 acre
aliquot parts cr
surveyed lots)
Dimensions of R/W:
Approved Map:
Rental Required:
Reimbursement of
Processing Costs:
Reimbursement of
Monitoring Costs:
The construction, operation, maintenance, and
termination of a buried 4 inch diameter natural
gas pipeline.
T.5S., R.102W., 6th P.M.
Sec. 33: Lots 5 and 6
T.6S., R.103W., 6th P.M. -
Sec. 2: SIINW1/4, N 2SW
2,900 feet in length and 40 feet in
width, containing 2.66 acres.
See Exhibit A, attached.
$114.00 annual rental less S25.00 advance
rental deposit for first year only.
$50.00, which amount has been paid.
$20.00, which amount has been paid.
Sec. 2. TERMS AND CONDITIONS -- This right-of-way grant is issued subject
to all applicable Federal, State, and local laws and regulations, now or
hereafter in force. Most of the principal terms and conditions of this
grant are prescribed by regulation, and the holder is charged with
knowledge of these regulations. The following is a list of those regu-
lations (Code of Federal Regulations, Title 43, Part 2800 and 2880,
attached) which define the holder's rights and responsibilities, as well
as those of the United States, under this grant:
page 1 of 12
RIGHT OF WAY AND EASE\IENT
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 CONSIDERATIONS, to the Grantor in hand paid by NORTHWEST PIPELINE
CORPORATION, a corporation, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, does hereby grant.
sell and convey unto said Grantee, its successors and assigns, a right of way and easement to locate, survey a route, construct,
entrench, maintain and operate a pipeline with appurtenances thereto including, but not limited to, valves, metering equipment.
and cathodic equipment, and in connection therewith, a road (said pipeline, appurtenances, valves. metering equipment, cathodic
equipment and roads being hereinafter sometimes collectively called the "facilities") over, under and through the hereinafter
described land, approximately along the line designated by survey heretofore made of hereafter to be made by Grantee, through
and over the said land on a right of -way (IQ /ek)/ jb/}�i /l/./ 40 feet in width.
This right of way and easement shall carry with it the right of ingress and egress to and from. and access on and along said
right of way, with the right to use existing roads, for the purpose of constructing. inspecting. repairing 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. During temporary periods Grantee may use such portion of the property along and adjacent to said right of way
as maybe reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities.
TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate and
maintain: the :facilities over the right of way hereby granted unto the said Grantee. its successors and assigns, and the Grantee may
assign the rights and easements herein granted. either in whole or in part, subject to the terms of this grant, and such rights and
easements shall be covenants running with the land and be binding upon Grantor, his heirs, legal representatives and successors in
title.
Grantee may at any time. and upon permanent abandonment of said right of way and removal of all improvements
constructed thereon, shall execute and record a reconveyance and release hereof. whereupon this right of way and easement and all
rights and privileges herein mutually granted shall be fully cancelled and terminated.
Grantor reserves the right to the 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. created or maintained on. over, along or within said right of
way without Grantee's prior written consent. Grantee shall, during initial construction, bury said pipeline below ordinary plow
depth.
Grantee shall pay to Grantor all damages to Grantor's growing crops and timber caused by the construction. maintenance,
repair. replacement or removal of the pipeline and appurtenances. It is mutually agreed that should any dispute arise as to such
damages, the same. if not mutually agreed upon, shall at the written request of either party be arbitrated and determined by
disinterested arbitrators. one to be appointed by Grantor and one by Grantee within 30 days after such request, and if the two so
chosen be unable to agree within 90 days after appointment. then they shall. within 30 days after written request by either the
Grantor or the Grantee. select a third arbitrator. and failing so to do. such third arbitrator shall be appointed on application of
either Grantor or Grantee. by the senior Federal District Judge of the District wherein the land lies and the decision of any two of
the arbitrators thus appointed shall be final and conclusive.
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rloty ?P e Pith' Pla /O AVek/ ;te/ '>� �tXe/ t/rl 1Xs/v/V f Licit /q Fy )111 / 1f1 13/'x/ 1�OS5/§10/a/q VI4V
l /W �/>1/ 6Vc//9 /1f/97/r' / 11 ?e 9.1P/1741/91 71
e
Grantor represents and warrants that he is the owner in fee simple of the land hereinafter 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 in behalf of the Grantee are without authority to make any
covenant or agreement not herein expressed.
DESCRIPTION OF PROPERTY SITUATED IN
Garfield
COUNTY, STATE OF Colorado
Subdivision Section Township Range B. & M.
NE4NW4 2 6 South 103 West
WITNESS THE EXECUTION HEREOF THE .2t
DAY OF February 19 83 , A.D.
Young Ranch by:
1-1
Witness toSi ni sture(s) Harold F . Young ,
Project Lateral A-35 Ext 111
Name: Foundation Creek G. S.
wi0 21193
R'W 81908
Dwg. No.
Topo
Grant No. G-1
William H. Bunir III
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
GRAND JUNCTION DISTRICT
RIGHT-OF-WAY GRANT
Serial No. C-35188
Expiration Date
F i,ctit-,r►r A_ 9 , ao t d.
Holder Identification Number 80635
This right-of-way grant, which is a license for a term of 30 years
entered into on 14 2 5 , I q L by the United States of America,
the licensor, throug the Bureau of Land Management, and Northwest Pipeline
Corporation, #2 Foresight Circle, Grand Junction, CO 81501, the licensee,
is hereby issued under Section 28 of the Mineral Leasing Act of February
25, 1920 (41 Stat. 449), as amended (30 U.S.:.:. 185).
Sec. 1. DETAILS OF THE GRANT:
Authorized Use:
Location of R/W:
(within 40 acre
aliquot parts or
surveyed lots)
Dimensions of R/W:
Approved Map:
Rental Required:
Reimbursement of
Processing Costs:
Reimbursement of
Monitoring Costs:
The construction, operation, maintenance, and
termination of a 4.5 inch O.D. buried natural
gas pipeline to the Tenneco USA 33-5.
T.5S., R.102W., 6th P.M.
Section 33: Lot 3, SW1/4NW14
1,600 feet in length and 35 feet in
width, containing 1.2b acres.
See Exhibit A, attached.
$25.00 rental deposit, which amount has been paid.
$50.00, which amount has been paid.
$20.00, which amount has been paid.
Sec. 2. TERMS AND CONDITIONS -- This right-of-way grant is issued subject
to all applicable Federal, State, and local laws and regulations, now or
hereafter in force. Most of the principal terms and conditions of this
grant are prescribed by regulation, and the holder is charged with
knowledge of these regulations. The following is a list of those regu-
lations (Code of Federal Regulations, Title 43, Part 2800 and 2880,
attached) which define the holder's rights and responsibilities, as well
as those of the United States, under this grant:
RIGHT OF WAY AND EASEMENT
•
STATE Or 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 CONSIDERATIONS, to the Grantor in hand paid by NORTHWEST PIPELINE
CORPORATION. a corporation, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, does hereby grant.
sell and convey unto said Grantee, its successors and assigns, a right of way and easement to locate, survey a route, construct,
entrench, maintain and operate a pipeline with appurtenances thereto including. but not limited to. valves, metering equipment,
and cathodic equipment, and m connection therewith, a road (said pipeline, appurtenances, valves, metering equipment, cathodic
equipment and roads being hereinafter sometimes collectively called the "facilities") over, under and through the hereinafter
described land, approximately along the line designated by survey heretofore made of hereafter to be made by Grantee, through
and over the said land on a right of -way 60 feet in width.
This right of way and easement shall carry with it the right of ingress and egress to and from, and access on and along said
right of way, with the right to use existing roads. for the purpose of constructing. inspecting, repairing 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. During temporary periods Grantee may use such portion of the property along and adjacent to said right of way
as may be reasonably necessary in connection with construction. maintenance, repair, removal or replacement of the facilities.
TO HAVE AND TO HOLD the above described rights and easements. together with all rights necessary to operate and
maintain the facilities over the right of way hereby granted unto the said Grantee, its successors and assigns, and the Grantee may
:sign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and
easements shall be covenants running with the land and be binding upon Grantor. his heirs, legal representatives and successors in
title.
Grantee may at any time. and upon permanent abandonment of said right of way and removal of all improvements
constructed thereon, shall execute and record a reconveyance and release hereof, whereupon this right of way and easement and all
rights and privileges herein mutually granted shall be fully cancelled and terminated.
Grantor reserves the right to the 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, created or maintained on, over, along or within said right of
way without Grantee's prior written consent. Grantee shall. during initial construction, bury said pipeline below ordinary plow
depth.
Grantee shall pay to Grantor all damages to Grantor's growing crops and timber caused by the construction, maintenance,
repair, replacement or removal of the pipeline and appurtenances. It is mutually agreed that should any dispute arise as to such
damages. the same. if not mutua. v agreed upon. shall at the written request of either party be arbitrated and determine.: by
disinterested arbitrators. one to be appointed by Grantor and one by Grantee within 30 days after such request. and if the iv, : s.
chosen be unable to agree within 90 days after appointment. then they shall. within 30 days after written requ� st by either t,
Grantor or the Grantee, select a third arbitrator. and failing so to do. such third arbitrator shall be appointed on application
either Grantor or Grantee, bthe senior Federal District Judge of the District wherein the sand lies and the decision of any two
the arbitrators thus appointed shall be final and conclusive.
For the same consideration Grantor grants to the Grantee the right to construct. maintain and operate on said right of way.
an additional pipeline or pipelines and appurtenances thereto. and in the event Grantee exercises this right Grantee shall pay
Grantor the sum of S1.00 per lineal rod for each additional pipeline constructed. as well as damages caused by Grantee to grantor's
growing crops and timber: and Grantee shall in such case have the same rigr.ts with respect to such additional facilities as are hereby
granted with respect to the original facilities to be constructed.
Grantor represents and warrants that he is the owner in fee simple of the land hereinafter 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 in behalf of the Grantee are without authority to make any
covenant or agreement not herein expressed.
DESCRIPTION OF PROPERTY SITUATED IN
Garfield
COUNTY, STATE OF Colo
Subdivision Section Township Range B. & M.
W2SW1/4SW1 28 5 South 102 West
WITNESS THE EXECUTION HEREOF THE
Project
Name
W/O
R/W
Witness to Si
Tenneco Douglas Pass Unit
USA 33-5 — Fou' Creek
18084 D.vg. No. Topo
80635
•7,
Grant No. G-1
2cL
DAY OF / L) 1962 . A.D.
Young Ranch by:
Harold Ypung
Bill Buniger./
RIGHT OF WAY AND EASEMENT 4
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 CONSIDERATIONS. to the Grantor in hand paid by NORTHWEST PIPELINE
CORPORATION, a corporation. hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, does hereby grant,
sell and convey unto said Grantee, its successors and assigns, a right of way and easement to locate. survey a route, construct,
entrench, maintain and operate a pipeline with appurtenances thereto including, but not limited to, valves, metering equipment,
and cathodic equipment, and in connection therewith, a road (said pipeline, appurtenances, valves, metering equipment, cathodic
equipment and roads being hereinafter sometimes collectively called the "facilities") over, under and through the hereinafter
described land, approximately along the line designated by survey heretofore made of hereafter to be made by Grantee, through
and over the said land on a right of -way 60 feet in width.
This right of way and easement shall carry with it the right of ingress and egress to and from, and access on and along said
right of way, with the right to use existing roads. for the purpose of constructing. inspecting, repairing 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. During temporary periods Grantee may use such portion of the property along and adjacent to said right of way
as may be reasonab:y nc:;essary in connection with construction. maintenance, repair. removal or replacement of the facilities.
TO HAVE AND TO HOLD the above described rights and easements. together with all rights necessary to operate and
maintain the facilities, over the right of way hereby granted unto the said Grantee. its successors and assigns. and the Grantee may
assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and
easements shall be covenants running with the land and be binding upon Grantor. his heirs. legal representatives and successors in
title.
Grantee may at any time, and upon permanent abandonment of said right of way and removal of all improvements
constructed thereon, shall execute and record a reconveyance and release hereof, whereupon this right of way and easement and all
rights and privileges herein mutually granted shall be fully cancelled and terminated.
Grantor reserves the right to the 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. created or maintained on, over. along or within said right of
way without Grantee's prior written consent. Grantee shall. during initial construction, bury said pipeline below ordinary plow
depth.
Grantee shall pay to Grantor all damages to Grantor's growing crops and timber caused by the construction. maintenance.
repair, replacement or removal of the pipeline and appurtenances. It is mutually agreed that should any dispute arise as to such
damages. the same, if not mutually agreed upon. shall at the written request of either party be arbitrated and determined by
disinterested arbitrators. one to be appointed by Grantor and one by Grantee within 30 days after such request. and if the two so
chosen be unable to agree within 90 days after appointment. then they shall. within 30 days after written reouest by either the
Grantor or the Grantee, select a third arbitrator. and failing so to do. such third arbitrator shall be appointed on application of
either Grantor or Grantee, by the senior Federal District Judge of the District wherein the land lies and the decision of any two of
the arbitrators thus appointed shall be final and conclusive.
For the same consideration Grantor grants to the Grantee the right to construct. maintain and operate on said right of way.
an additional pipeline or pipelines and appurtenances thereto. and in the event Grantee exercises this right Grantee shall pay
Grantor the sum of S1.00 per lineal rod for each additional pipeline constructed. as well as damages caused by Grantee to grantors
growing crops and timber: and Grantee shall in such case have the same rights with respect to such additional facilities as are hereby
granted with respect to the original facilities to be constructed.
Grantor represents and warrants that he is the owner in fee simple of the land hereinafter 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 in behalf of the Grantee are without authority to make any
covenant or agreement not herein expressed.
DESCRIPTION OF PROPERTY SITUATED IN Garfield COUNTY, STATE OF Colorado
Subdivision Section Township Range B. & M.
S;5SW1/4 29 5 South 102 West
N1/2NW1/4 32 5 South 102 West
WITNESS THE EXECUTION HEREOF THE DAY OF (ktn ,Qr i 19 81 , A.D.
by
Witness to Signature(s)
Project Bear tooth Oil and Gas
Name: Young 32-3 — Foundation Creek
W/O 22190 Dwg. No. Topo
R
82275
Grant No.
G-1
Young Ranch by:
Harol Young/
• _ (/
Bill Bunigei
Wi11lam H- Rtini ger 11I