HomeMy WebLinkAboutAmendment of Grant of Site Easement 08.19.2005AMENDMENT OF GRANT OF SITE EASEMENT
State: Colorado
County: Garfield
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, under the date of August 25, 2003, William F. Clough, ("Surface
Owner") and Williams Production RMT Company ("Operator"), with Surface Owner and
Operator collectively called the "Parties" did execute a Grant of Site Easement (the "Easement");
and,
WHEREAS, it is the desire of the Parties to amend paragraph 1 of the Easement and add
the following tract of land to the existing Anvil Points Evaporation Pond as described on the
attached Exhibits "A".
NOW, THEREFORE, in consideration of the premises stated herein and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged by the
Parties hereto, it is agreed:
The amended paragraph 1 of the Easement shall be and is hereby agreed to by the Parties
to include the additional acreage as described in attached Exhibit "A".
The Parties agree that the Agreement is hereby amended as to paragraph 1 along with the
insertion of the attached Exhibit "A". All other terms and conditions of the Easement remain
unaltered and are in full force and effect as of the date hereof; and,
This Amendment of Grant of Site Easement shall be binding on any and all successors
and assigns of the Parties. In
14,
The Parties hereto have executed this Agreement this 1'1 day of August, 2005.
Surface Owner Operator
Williams Production RMT Company
By:
W. F. Clough
By:
• sep ' .: arrett
Attomey-in-Fact C/y/
Exhibit A
Attached to and made a part of that Amended Grant of Site
Easement from 1 F. Clough , to Williams Production RMT Company
Rulison Evap dated August )4 , 2001
CSA Job No. 05-06-142
LEGAL DESCRIPTION
OF
A PARCEL OF LAND LOCATED WITHIN THE
S l OF THE NORTHWEST QUARTER OF SECTION 20, T.6. S., R. 94. W.,
FOR
W.E.s P. / RULISON EVAP
A parcel lying within the S 4 of the Northwest Quarter of Section 20, Township
6 South, Range 94 West 6th Principal Meridian, Garfield County, Colorado. The
boundary thereof being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 20, T6 S, R94W, 6th PM,
(a H.L.M. Brass Cap), running thence North 88° 23'32" East 311.66 feet more or
less to the
POINT OF BEGINNING;
thence North 01° 36' 28" West a distance of 383.O0feet;
thence North 88° 23'32" East a distance of 620.92 feet more or less to a point
which lies on the centerline of Highway 246;
thence South 35° 59' 27" East along said highway centerline a distance of
464.08 feet
more or less;
thence South 88° 23'32" West a distance of 883.00 feet more or less to the
POINT OF BEGINNING.
Said Parcel of land Contains 287,931.60 sq ft and having 6.61 acres, more or
less.
Also Less and Accepting the road Right -of -Way for Highway 246 (Anvil Point Road)
Page 2 of 1
Page 1 of 1
STATE OF COLORADO )
)
COUNTY OF GARFIELD ) trite_
On the L=l— day of August, 2005, personally appeared W. F. Clough to me known to be the
person_ described in and who executed the foregoing instrument and acknowledged that ha executed
same as his free and voluntary act and deed for the uses and purposes therein set forth.
Witness my hand and official seal the day and year first above written.
My Commission Expires: 4 -19 c j, &to/nme
(SEAL)
STATE OF COLORADO
COUNTY OF DENVER
)
)
)
Notary Public
SANDRA CUMMINGS-HOTARD
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 041t9!2008
Before me, a Notary Public, in and for said County and State aforesaid, does hereby certify that
Joseph P. Barrett, whose name is subscribed to the foregoing instrument as Attorney -In -Fact of Williams
Production RMT Company, a corporation, appeared before me this day in person and acknowledged that he
executed said instrument as his free and voluntary act and deed as the free and voluntary act and deed of
said corporation for the uses and purposes therein set forth,
Given under my hand and (Notarial Seal this 2 r day of August, 2005,
My Commission Expires: .572//6 7 (
(SEAL) Notary ublic
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636424 09/32/2003 01:03P b1518 P14 H ALSDORF
1 of 4 R 21.00 D 0:09 GARFIELD COUNTY CO
GRANT OF SITE EASEMENT
LduGl-1-
(ANVIL POINTS EVAPORATION POND)
X07$13
This GRANT OF SITE EASEMENT is made as of this 62-114.1 day of August, 2003, by
William F. Clough ("Grantor"), with an address of P.O.Box 686, Rifle, CO 81650, to Williams
Production RMT Company ("Grantee"), with an address of 1515 Arapahoe Street, Tower Three,
Suite 1000, Denver Colorado 80202.
1. Grant of Easement. In consideration of the sum of One Hundred Dollars {5100.00) and
other good and valuable consideration,.the receipt and sufficiency of which are hereby acknowledged,
Grantor grants to Grantee, its successors and assigns, a perpetual, right, privilege and easement to
construct, inspect, replace. reconstruct. modify, operate, maintain, improve and repair an evaporation
pond and appurtenances thereto ("Anvil Points Evaper¢tsion Pond") on a pencel of land located in the W/2
of Section 20, Township 6 South, Range 94 West, 6th P.M., Garfield County, Colorado and more fully
described on the plat attached as Exhibit "A" to this Grant of Site Easement (the "Easement Property").
2. Right to Enter. Grantor further conveys to Grantee, its successors and assigns forever,
the right of ingress and egress over and across the Iands of Grantor to and from the Easement Property
and the right to clear and keep cleared all trees, bushes, undergrowth and other similar obstructions as
may be necessary for Grantee's use and enjoyment of the Easement Property for the purpose of
constructing, inspecting, replacing, reconstructing, modifying, operating, maintaining, relocating or
repairing the Anvil Points Evaporation Pond.
3. Annual Pavrjents. Grantee shall pay Grantor an annual payment of $250.00 commencing
September 2, 2003 and terminating either upon permanent abandonment of the Anvil Points Evaporation
Pond by Grantee or written relinquishment by Grantee of the easement rights granted by this Grant of Site
Easement.
4. Damages. The consideration paid by Grantee and received by Grantor includes full and
final payment for any and all damages to the land, growing crops, pasturage, timber, fences, buildings, or
other improvements of Grantor resulting from the exercise of the rights herein granted during initial
construction of the Anvil Points Evaporation 'Pond. Grantor waives the right to collect any further or
additional damages in any way arising or resulting from the exercise of the rights herein granted during
initial construction. Grantee does agree, however, to pay for actual damages to growing crops, pasturage,
timber, fences, buildings, or repair of the Basement Property or improvements thereon after its initial
construction of the Anvil Points Evaporation Pond, except Grantee shall not be liable for damages
resulting from keeping the Basement Property clear of hues, undergrowth, and brush to the extent Grantee
deems necessary in the exercise of the rights herein granted,
5. Use of Easement. Grantor shall have the right to use and enjoy the Easement Property,
but shall not exercise Elie use and enjoyment in a manner that will impair or interfere with the exercise by
Grantee of any of the rights herein granted.
6. Government A provals. Grantor shall cooperate, at no expense to Grantor, with Grantee
in its effort to obtain all certificates, licenses, and other approvals that may be required by any federal,
state or local authority to construct or maintain the Anvil Points Evaporation Pond.
Please return to:
Ms. Annette Apperson
Williams Production RMT Company
1515 Arapahoe St., TWr 3, Suite 1000 ,
Denver, CO 80202
%f
0071
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111111111111111111111111110111.' j1111111111
636424 09/12/2003 01:03P B161c Pio 11 ALSets
2 of 4 R 21.00 0 0.00 GARFIELD COUNTY Co
7. Subordination. Grantee shall have the right to discharge or redeem for Grantor, in whole
or in part, any mortgage, tax or other lien on the Basement Property and thereupon be subrogated to such
lien and rights incident thereto.
8. Grantor Representation. Grantor represents that it is the fee simple owner of the
Easement Property subject only to those encumbrances, covenants, conditions and restrictions of record,
and Grantor has the right and authority to grant this Grant of Site Easement.
9. Binding Effect. The rights, covenants, agreements and conditions in this Grant of Site
Easement shall be covenants running with the land and shall inure to the benefit of and be binding upon
the heirs, executors, administrators, successors and assigns of the respective pasties hereto.
10. Assignment. The rights of the Grantee may be assigned in whole or in part.
11. Complete Agreement. There are no other or different agreements or understandings
between Grantor and Grantee or its agents, and Grantor in executing and delivering this Grant of Site
Easement has not relied upon any promises, inducements or representations of Grantee or its agents or
employees, except as set forth herein.
Grantor executes this Grant of Site Easement as of the date set forth above.
GRANTOR GRANTEE
Williams Production RMT Company
By:
WilliamF. ough N
isle: 0Q
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6361424 09/12/2003 01:03P 81018 P16 11 ALSD
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STATE OF COLORADO )
COUNTY OF GARFIELD )
On the Ai' ay of14ysh . 2003, personally appeared lif/'//,•d... d %uo
to me known to be the person__ described in and who executed the
foregoing instrument and acknowledged that _he_ executed same as / is free and voluntary act and
deed For the uses and purposes therein set forth.
Witness my hand and official seal the day and year first above written.
My Commission Expires:. 4//0.2
(SEAL) Notary Public
STATE OF COLORADO
COUNTY OF DENVER
My Commission J: ices 118WtGl2.OQ3
Before me, a Notary Public, in and for said County and State aforesaid, do hereby certify that
Joseph P. Barrett whose name is subscribed to the foregoing instrument as
Attorney -in -Fact of Williams Production PM Co. , a corporation. appeared
before me this day in person and acknowledged thathe executed said instrument as his flee and
voluntary act and deed as the free and voluntary act and deed of said corporation for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal this 25 da of Au t 003.
My Commission Expires: 5/21/2007
(SEAL) Sotary Pub rc
Patta. E. Rives
Rulisod 1 Gough Grant Site Easement Earp Pond.doc
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4 .APR. 27.2005 12: 39PM WILLIAMS PROD RMT
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636424 09/12/2
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13*1I 1T "A"
ANVIL POINTS I1/APORATION POND ON CLOUGW-1 PROPERT'?
' Attached to and made a part of that certain Grant of Site Easement
dated C /as -e AS', 2603, between
Wriliam . Clough, Grantor, and
Wi7liam9 Production RMT Company, Grantee
ta
LEGAL De$212.12l:
ear
EXISTING FENCE
parcelA faceted Iolaof Tpo of the 5lcth Principle
Meridians Garfield Caunty, Colorado, and being mare particularly described as follows:
Beginning at a point an the west fine of said Section 20. shone the W1/4 MVO' of sold Section 20 bears
N 00'41'39` W a distance of 99.33 feeit thence 5 00'41'39' E sung the west Zine of sold Section 20 a
distance of 1008.69 feat; thence 5 84'01'31' E. a distance of 087.01 fast thence N 94100'32' E a distance
of 1140.81 feet to a point an the west right—al—way of Anvil Pointe Rood (County Road f40, thence N 35
53'29' W clang said right—of-woy, a distance of 1693.19 feet; thence 5 54'05'32' W a distance of 1031,87
feet to the point of bdginning, containing 5204 acres more or Ieee.
WiIha„
CONSTRUCTION UURAWS, INC.
0012 SUNRISE 1:31.YD 1058 COUNTY ROAD 215
SILT, CO 81662 PARACHUTE. COLORADO. 81635
(1610)81b-6153
Wianig
�� FACSIMILE COVER SHEET
WILLIAMS PRODUCTION RMT COMPANY
1515 Arapahoe Street, Tower 3, Suite 1000
Denver, Colorado 80202
Telephone: (303) 606-4349
Fax: (303) 629-8281
DATE: April 27, 2005
TO: Brad Moss
COMPANY: Williams Production RMT Company
FAX NO: (970) 285-9573
FROM:
Annette Apperson
Land Department
(303) 606-4349
NO. OF PAGES (INCLUDING THIS COVER PAGE):
COMMENTS: Evap Pond
Annette
03
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