HomeMy WebLinkAboutAMD to EasementFIRST AMENDMENT TO EASEMENT AND RIGHT OF WAY
This FIRST AMENDMENT TO EASEMENT AND RIGHT OF WAY (this " Amendment") is
made and entered into to be effective as of October I, 2013 (the "Effective Date"), by and between
ENCANA OIL & GAS (USA) INC., a Delaware corporation, whose address is 370 17th Street, Suite
1700, Denver, Colorado 80202 ("Encw,a"), and ENTERPRISE GAS PROCESSING, LLC, a Delaware
limited liability company, whose address is 1 100 Louisiana, Houston, Texas 77210-4324 ("Enterprise").
Encana and Enterprise may be referred to herein individually as "Party" or collectively as "Parties."
BACKGROUND
A. Pursuant to that certain Easement and Right of Way dated effective August 1, 201 1 and
recorded in Garfield County, Colorado, on April 30, 2012 at Reception No. 817990 (the
"Original Easement'), by and between Encana as "Grantor" and Enterprise as
"Grantee,' Grantor granted to Grantee and its successors and assigns an easement over
and across a portion of the Grantor's Property that is 458.7' in length (27.8 rods in
length), for one (1) Sixteen inch (16") inch natural gas pipeline (the "Pipeline") and
above -ground appurtenances, including, but not limited to, meters buildings, valves,
launchers and receivers as depicted on Exhibit A to the Original Easement.
B. The Parties desire to amend the Original Easement to include additional land for the
purpose of operating, maintaining, replacing, upgrading, repairing and removing
metering equipment associated with the Pipeline.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Encana and Enterprise hereby agree as follows:
1. Capitalized Terms. Capitalized terms not defined in this Amendment shall have the
meaning given to them in the Original Easement.
2. Amendment. The Original Easement is hereby amended to include a portion of land
adjacent to the Original Easement measuring approximately 74.41'x 21' (1,563 Square feet or 0.04 acre
of land) for the purpose of operating, maintaining, replacing, upgrading, repairing and removing metering
equipment associated with the Pipeline and described as the Proposed Lease Parcel on Exhibit A attached
hereto and incorporated herein by this reference.
3. Full Force and Effect. Except as modified pursuant to this Amendment, the respective
terms of the Original Easement are in full force and effect and are hereby in all respects confirmed,
approved and ratified. Hereafter, references to the Original Easement in any document or other
agreement shall be deemed to constitute references to the Original Easement as amended by this
Amendment.
4. Counterparts. This Amendment may be executed in any number of counterparts and each
of such counterparts shall together constitute but one and the same Amendment.
[Signature and acknowledgment pages follow.]
EXECUTED by the Parties on (2 cA .' C 5 , 2013, but effective for all purposes as
of the Effective Date.
ENCANA OIL & GAS (USA) INC.
B
Hen Capps, Attorney -in -R•
0
ENTERPRISE GAS PROCESSING, LLC
By:
Michael A. Todd
Attorney -In -Fact
STATE OF COLORADO
CITY AND COUNTY OF DENVER
DOUG PEARLMAN
Notary Publle
State of Colorado
The foregoing instrument was acknowledged me before this (_ill day of O t he r ,
2013, by Helen M. Capps as Attorney -in -Fact of Encana 011 & Gas (USA) Inc., a Delaware corporation,
on behalf of said corporation.
Witness my hand and official seal.
My Commission Expires: g- 3 0 - 2.017 !
'`otary Public
STATE OF COLORADO
CITY AND COUNTY OF DENVER
) ss.
)
ALEXIS S. LOPEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20084032188
W Goantiaion E*u Wiritbirl, NM
Thef re oing insjm t was acknowledged before me this / / Qday of 4 x ✓' ,
2013, by,% ;6 ,a, sr r, of Enterprise Gas Processing, LLC, a Delaware
limited liability company, on behalf ofaid company.
ompany.
Witness my hand and official seal.
My Commission Expires: •aQ//
2