HomeMy WebLinkAbout3 - Surface Use Agreement 08.06.1990•
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' SURFACE USS AGREEALENT
This Surface Use
day of A��a� Agreement is made and entered into this (AT -L
Colooado ge— n� e .-7 1990, between BATTLEMENT
Suite app Partnership, whose address MESA PARTNERS, a
SuiePARTNERS, , Englewood, Colorado 80111 is 5575 DTC ParRwaL,
a Colorado general andwhose
address
DTC Parkway,partnership, BATTLEMENT MESA REALTY
Suite:300, EnglewoodColorado who 8e 11, (he ii 5ft5
collectively referred tro as-"surfacnei-s BO and
RESOURCES Co1•tpOR}�TION Owners(hereinafter
Eto , a Delaware corporation, (heinafte
referrederr, $to as Barrett,"), whose address (hereinafter.
Denver Colorado is 1125. Seventeenth
80202,
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RECITALS
• 1. Surface Owners are develop.ers and owners of
significant- portion on of the Planned communitya
tonty, Colorado,
near the town of e locatedomon in
Parachute Garfield
Mesa. commonly referred
2. The Battlement,Meda planned
part of the following described landscommunity comprises all or
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Town'shi l7 South
'Sect on Ran a '95 West
S
Section
6: SE/4
Section 7: E/2, SW/4
Section 8: All
Section_ 9: All
Section• 10: W/2.
Section 16: SW/4
Secti:on:17: All.
Section 18; Ail
Section 19: N/2
•
Townshi. 7 South, Ran.e 96 West
Section 13: E 2
Section 24: NE/4
The above-described lands shall be referred to in this
t- Agreement as•"Battlement Mesa", even though the above-described
) area does not exactly coincide with the exact boundaries
Planned Unit Development (pup) for Battlement
Garfield Count of the
Y, Colorado. Mesa as approved by
3. Barrett desires 'to.drill and operate oil and/or natural
gas wells
at locations in:Garfield County, Colorado, including
within.Battlement Mesa,
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4. Barrett made an Application with the Oil and Gas
Conservation Commission of the State of Colorado in.
Cause
and 440 to space the above-described
for the production ofCause Nos.
gas andarea at a 160 -acre theesis
Wasatch Formation and the associatedrhydrocarbons from
Battlement Mesa and other Mandserde Formation underlying
the Commission on April 20, 1990 The Application was heard by
5. Surface Owners fired a Protest to
before the Oil and Gas Conservation this of the
Commission the State,
6. Battlement Mea is a
planned
3,200 acres of specifically zoned landsowith lany
of approximatelybd
a
out population of 24,000 residents,infra-structure
tructe build
including a four -lane arterial roadway system,
water and
,
treatment facilities, underground public utilities, 'commesewer
rcial
preoprtieS, an activity center, and a golf course are in place
Y operational.-
7. There are approximately 1,800 residents of Battlement
Mesa within various subdivisions and numerous.other non-resident
property owners and investors,
8. Barrett and Surface Owners agree that the drilling and
operation of gas and/or oil wells within Battlement Mesa will
need to be accomplished in a carefully considered manner to
preserve the aesthetics of the community and preserve the quality
of the use and enjoyment of the property by the Surface Owners
and by the residents of. the community.
9. Surface owners and Barrett agree that oil and/or gas
well drilling and operational activities within Battlement Mesa
need to be accomplished -in, a mutually satisfactory manner.'
For and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged and confessed,
Surface Owners and Barrett agree as follows;
1. No Ri hts lin lied. Nothing herein shall be construed or
implied as a grant y he Surface Owners of the right
and egress or of the right to pipeline or other easements lonrany
part of Battlement Mesa, In a like manner, nothing herein shall
be construed as divesting Barrett of its common.. law rights of.
ingress and egress, except as agreed to herein. The purpose of
this Agreement is to set forth the terms and understandings for
the use of the surface of Battlement Mesa by Barrett for oil and
gas drilling, completion and production activities provided
Barrett has otherwise acquired, either by other instrument with
the Surface Owners or by rights•acquired from third parties, the
right of ingrees and egress or the right to pipeline or other
easements upon Battlement Mesa.
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2. Exxon AgreemenE
agrees to comely wee e Barrett has been made
Agreement between the he terms and provisions aware of and
pertaining toet eendrithe
Surface Ownersxos Cf a certain
oil or a locations andn Exxon Corporation
oil rtedsinrilling and productionwo era Battlement
strict operations byMesa, Any
the Agreement between with the terms Garrett shall be
datedhetween Exxon Corporation end provisions
December 12, 1989, which. and attachedha of
Exhibit A and or Agreement is Surface Owners,
"Exxon AArandein porated herein by reference(hereinafter
naftr as
Agreement and the). In the event of a conflict `between fthis
the more rand heivexoe Agreement, the terms and
the or herein s agreement for Barrett control. of
Oothin of anyhall he construed as shall chetSor.
of its r::ights under a waiver re the Surface
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the Exxon Agreement_
3. Barrett's 0 erati
of the
es rules andregul.ationssof the rOil ett and -Ga to comply Conservation
all
Commission of thisState concerning the developmentof
theion
property concerning oil and gas drilling
ion
activities on Battlement p of
andcGas Conservation Mesa. Barrettrecognizesidit drillingonation Commission of the g zes that thea Oil
or production activities in tt eof mentMe Mesa
such activities are proposed in Settlement �' only
that there may be no restriction certain s Mesa when
formations paced formations; and
other than t on such activities s sir
Conservation C°mmissibnhose spaced by the oil and
Commission.. Notwithstanding the
than under Rule 318 Gas
the.
regulations of the fact that the rules and
Segue of Colorado may
and das Conservation Commission of the
state than fWsaayhnot limit drilling activity
ofin causes Mesaverde Formations for formations
and ail field and 440, Barrett agrees that as now considered
Aeration -activities conducted nwithin and aBatll tlementg
Mesa shall be in strict
terms and compliance
with the Exxon Agreement and
thehles tons comply
Agreement,
andgmade a ply with the provisions jt attachedtBarretth
part hereof.. of Exhibit B hereto
4. Protest. In consideration of this
Owners state— d the record at the
Owne ssst. Oil and Gas Conservation, Surface
hearing on April 20, 1990, the substance
protest was withdrawn. At the that o substance of their
the Application of Barrett, hearing the Commission adopted
respect to well Locations andspacing,
to certain modifications with
respect to lands within the Battlement
and adopted
surface attlement PUD a thatrule thea
Owners' consent be obtained to thea drilling
of
therein. This agreement represents the consent
at any
Mesa Partners and Battlement Realty cParene well
locations set Mesa of Battlement
forth herein. Nothing in shallshal e cot
the consent of the Surface locations
wbe
Battlement Mesa PUD Owners to locations withinconstrued as
Battlement area as to lands located the
Mesa Partnere or Battlement therein wherein
not own the surface. Mesa Realty Partners do
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5. No Warrant
representation oe warrantthing herein shall. be construed
the enty by the Surface Owners as a
than authoritytor a.bility to act for the benefit ofhat they have
parties other
6• Term of A reement,
for a'. Pa o Fl=t The term of this Agreement shall be
for ail and/or y: 50 years, and for so long thereafter: as
• anyby Barrett011awithin well which is drilled or caused to be drilled
hin Battlement Mesa remains productive,
7.
BattlementInde�nity•_ A11 use and
[nese by Barrett occupancy of the surface of
representatives or Bart ns, agents,
represe tivg , shall be at the sole isknofaBarre,
Bad ett ht herebyytndemd alfies and
hold harmless rsrfrom
and ages costs,damages, caae s, awa from
demands, judgments or rclaims, owards,
injuries or death of any liabilities
injuries or ofe y person w resulting es from
any property oowsoecar, or losses damages or
and gas• acCivities � y whatsoever caused by Barrett's oil
aadrett's a and operations on Battlement Mesa, or by
gents, representatives, contractors, employees, or
assigns. Specifically y excepted from Barrett's foregoing
indemnity
demnityin favor of the.Surface Owners shall be those losses
caused byby the Surface owners (or other third parties) that are
the negligence -or fault of the.5urface Owners
, representatives
or assigns contractors,
or the
Surface Owners' agents ,
employees,
Barrett shall keep..Bat lernent Mesa free and clear of any and
all liens for labor of work performed by it or its subcontractors
upon Battlement Mesa relating to its oil and gas exploration,
development or prodticti,dn operations or for materials furnished
thereto. Notwithstanding the above, Barrett may contest the
validity of any alleged lien, including the enforcement thereof.
Barrett agrees to pay any and•ail property taxes, assessments,
governmental charges imposed upon its :interest in Battlement Mesa
and upon any building-, structure or other improvements, equipment
or personal property placedorerected upon Battlement Mesa.
8. Covenants Runnin. With the Land. Parties hereto agree
that the rights an• obligations o the parties hereto in this
Agreement shall be covenants running with the lands and shall not
be held or transferred separately therefrom. Barrett may not
record this Agreement in• Garfield County, Colorado, without the
prior written consent of Surface Owners, Surface Owners may so
record this•Agreement after ten (10) days written notice to
Barrett of their intent t� do so.
9. Notices, Any and all notices or communications required
or desired to be given under the terms' of this Agreement shall be
served by certified or registered mail, return receipt requested,
or by personal delivery with signed.receipt therefor, at the
parties' addresses listed below or at such address as any party
may specifically designate in •writing:
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If to Surface Owners:
Battlement Meaa partners
Battlement Mesa Realty Partners
5575 DTC Parkway, Suite 300
Englewood, .Co 80111
Attention: David Gitlitz
Battlement Mesa Partners
Battlement Mesa Realty Partners
P. O,, Box 6000
73G Sipprelle Drive
Battlement Mesa, CO 81636
Attention: William W. Wilde
CC:
If to Barrett:
Barrett Resources Corporation.
1125 Seventeenth St,, #2100
Denver, CO 80202
Service of notice
shall be effective upon receipt thereof,
constitutes Entire/controllin
the entire A reement, This Agreement
relative to the subjectAgreement between the'
expressed or hm matter hereof, thereparties oeeto
of this a plied understandingregulatinglad th is no otherm
agreement which shall be eemdtox the subjectnmatter
parties hereto, their respective heirs executives,exist or bind the
administrators, personal representatives, successors,
except as referred to herein,
successors, or assigns,
11. Controllin
governed byLaw/ Counter arts,
Colorado. and construed under.theof the Agreement tateof shall be
This Agreement lawstnumber of
counterparts, each of may be executed in a of
for all which shall be considered as
purposes, an original
12. Headings The underlined
Agreement for ..efehenceun headings used throughout this
way effect aree govern the meaning
only and shall not in
Agreement orthing or interpretation of this any
any provision thereof,
13. Inurement, Thhis Agreement shall inure to and be
binding upon each o t
successors parties hereto,. and their respective
thcc b , assigns, affiliates, or subsidiaries. In the event
that, to beagreement withBathird
irdmparties, Barrett causes a well or
transfers all or part.of its Mesa by said third party, or
Mesa said third part then leasehold interest within art
of a this to said
said third parties.
agrees to provideaatcopynt
party or parties, or assignees enters Ii ten evest said third
a well thereon,' such activity •shallenotBrelievenBarrett from its
liabilityt Mesa and drills
or obligations under this Agreement,
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IN WITNESS WHEREOF, this
of a,�� 1990,
STATE OF COLORADO )
COUNTY OF )
SS.
NVGFUl 1A0 Nil U]A13 1
Agreement is executed this
to be effective this:date.
BARRETT RE OPR4c'. rORPORATION
A. Ra •;+
Executive
ice
President - Production
BATTLEMENT MESA PARTNERS,
a Colorado General Partnership
By: Community.Holdings West, Inc
aeCoro ado corpor;t on, its
GPartner
Davi
A. Gitlitz,. P'esident
BATTLEMENT MESA REALTY PARTNERS,
a Colorado General Partnership
By: Community Holdings West, Inc.,
a Colorado corpor.tion,• its
Gener'l Pane
Dav .
AGitlitz, Pr ident
Acknowledged before I —
by A. RALPH REED me this _Ezra
by A. , as Execu,t'ive Vice Presidentay f rode t10 1480,
RESOURCES CORPORATION. - Production of
Notar'�, ,a4116
Y Public
My Commission expires;
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STATE OF COLORADO
COUNTY OF G/41.---lc'LD
ss.
�GGU Ul Gl l)U iNlll UiAliJid
Acknowledged before me
by DAVID A. GITLIedged Z this- 7/4.
Inc,, a Colorado , as President of day ty oldi _:!...1:i2±f 1990,
PARTNERS. corporation Community Hol zngs West,
General Partner of BATTLEMENT MESA
(0:-/‘:,,i,,,",
Notary Publ c
My Commission expires:
STATE OF COLORADO
COUNTY OF 64RFi e -D
8
Acknowledged before me this
by DAVID A. GITLITZ, as President of Community of /(L�6'��gs
by a Colorado corporation, unit 1990,
REALTY PARTNERS, Poration General Y Hol.zngs West,
Partner of BATTLEMENT MESA
Notary pu.lzo
ref:012A/DD18
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EXHIBIT A
TO
SURFACE USE AGREEMENT
Dated C,T1 day oe Ate'
1990
Between Battlement Mesa partners,
Battlement Mesa Realty Partners and
Barrett Resources Corporation
EXXON N AGREEMENT
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E ON COMPANY U.S.A.
POST OFFICE 80x 1600 r MIOLAN°. TEXAS 79702.1.6m
PRODUCTION DEPARTMENT
S O V T N W E S TE RN DI V,S1 ON
r V V v V V, VI J Y t l l V J I 1 1 J J J V
December 12, 1989
Battlement Mesa Partners
Suite 300
557.5 DTC Parkway
Englewood, Colorado 80111
Dear Madam or Sir:
When accepted by you, as evidenced
ndnrsigned one xecuted copy ideecf, by your signing
un guidelines regarding his letter shall serverasuoagreement the
mineral activitynes Exxon Corporation's conduct of as our h
miners' from or under the surface of the land ("Said
y described on EXhibit "A" hereto. aLandd other
Exxon only ) more
nl insofar as its interests are concerned, does hereby
except as provided herein, it will not use
equipment, buildings or other structuresoon' occupy, or agree, that,
to its rights asd an owner the the surface of Said Lalace nd pursuant'
nothing contained herein sheljine minerals therein, provided Pursuant=
relinquishing, or otherwise construed however that (1)
interests, in and to htere ase, affecting any of Exxon's rights,
releasing,
minerals in and under Said Landg s,r water
s(gardless of salinity title and
produce the oil,dgas, water right to use, exploit, salinity),
ptand
thereunder by wells drilled .and other (regardless
operations on the surface
sites provided for herein, -or at surface y)' and other minerals
including, but not limited to, .wells drilleddirectionally
Said Land and bottomed beneath Said Land of Said Land,"
Said Land provided thator bottomed beneaunder or through
provided
the nosurfsuch of Said
will disturb thea s outside
unreasonablyoDrillsites; aer(2)Said Land outside ofsupport hereinafter
releasing, nothing herein shall be contrued asreaiving,
relinquishing, or otherwise affectinganyof waiving,
the surface of Said Land for geophysical testinoperations xif�such goperations
would not unduly interfere
to s Byyer with Battlement Mesa Partners'
referredeoe
geophysical as 8uiers)ruserofdSaido Land, it being understood that (some ioffthe
eosources ins conjunction with herein involve the use of various kinds of
ices
n energy measuresoand conjunction
geophysical detection and recording
include, by way of exampleh and ano[roopfrties of the earth, which poperties
gravity, electricity, or other industry acct tedtatiomagnetics
P geophh magnetics
testingacoustics,
It is understood and agreed that any drilling operations which Exxon conducts
on Said Land shall be conducted upon those surface sites (the "Drillsites")
the general locations of which are indicated on Exhibit "8" hereto.
120 days prior to the time that Exxon decides to At Buyer.
and Exxon shall execute a surface use agreement conduct
to
such e both nparrties'
hereto on a form to be negotiated at the time, which shall contain:
specific legal description of the Drillsites upon which such operations are) toa
be conducted; (2) provisions granting easements for access to the Drillsites
Division OF ExxON CORPORATION
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Battlement Mesa Part •s
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December 12, 1989
for conducting the drilling operations; and (3) pipelines
sother methods of portati provisions
be
Q transportproduction from wellsdrilledon the granting easements
expressly understood and agreed that Exxon shall not be obligated payay y
consideration for said agreement. Drillsites. It is
It is expressly .any
commencement ofly unde stood and
agreed
on that, at
would unreasonably least 120 days prior to wthe
hich
interfere with Exxon's improvements upon Said Land whthe
Drillsites for drilling or production operations, eSBu er and/or use of
notification to Exxon at the following address: Y will Provide the
Written
Exxon Company, U.S.A.
Attention: Right of Way and Claims Supervisor
P. 0. Box 1600
Midland, Texas 79702-1600
specifically describingthe
negotiate in good faitto agree on
neglanned oor Vements ore alternateandd DrildlsBitesrand/or to
modify :Buyer's planned developments or improvements to
access to the Drillsites•.if Buyer's
intessere withhthe use of. thefBuyer's
esti improvhements
is oma w Exxon adequatesony
understood p Y unreasonably
improvements and .upon Said
that Buyer' will not construct any developments ssor
substantially interferedwithnd if Exx n's ucse of the Drililsites andor ethempars would
unable to designate alternate Drillsites or otherwise
access to the Drillsites. parties are
provide for adequate
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In the event that (1) any portion of any or all of. said Drillsites. is taken
through the exercise of the payer of eminent domain;
Said Land is taken through such exercise which would preclude Exxon having
reasonably(z) some portion of the
sufficient access to said operation sites for drilling or
production operations; or (3)
regulation of any federal, tate, or muthe nicipaldbod , f any salaw, rule, ordinance, orbe
used for. operations as provided herein, Buyer agreesi to d Drillsites cannot d
faith to designate alternate Drillsites, negotiate in good
Notwithstanding anything in this letter to the contrary,
Exxon agrees on
behalf of itself, its successors and assigns, that with p c
t to D
on Exhibit "B" hereto which are adjacent to subdivisionson Said rLanditin
existence on the date hereof (which includes all Drillsites except those
designated "A", "8" or "C"), that Exxon shall 'Vacate and operate any
or other distribution or collection facilities (the "facilities" pipelines
o
service such Drillsites in designated and t ) necetsary or
between said subdivisions to the extent any suchFacilitiesspaces
belocated
in, on or under said subdivisions. With respect to subdivisions or other
planned developments on Said Land which Buyer intends to plat after the date
hereof, Buyer'agrees that it shall give Exxon written notice thereof at lease
one hundred twenty (120) days •before filing a plat, PUD, or other document
("Development Documents") with the appropriate governmental authority
("Development Notice"). Said Development Notice shall contain proposed
Development Documents which shall include . designated access easements for the
Drillsites and designated corridors for .
(90) days.of receipt of said Development Notice, xxonmshall e .Within ninety
review and comment upon the locations of said designatedhareaseand tpipelto
ine
easements. If Exxon raisers said concerns as to said designated easement
locations, Buyer and Exxon shall negotiate in good faith concerning final
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designation of said easement
Development Notice wiehie said locations. If Exxon doesP
Dto file the Development ninetynot respond to said
Documents with thephei°d' Buyer shall obev entitled
authorities and Exxon shall be deemed to have waived an
the location or locations of access and appropriate governmental
shell be deemed to have approvedpipeline easements and
to object to
shallDocuments as filed with the appropriate
same and shall be bound e Development Exxon
governmental authorities. Development
1t is the intent of the
interpreted so that each parties hereto that this letter a
respective interests in or p under Saarty idll Land a and [the parties agree ntto shall
act be
e entiled to develop fully their
accordance with such intent.
in
EXXON CORPORATION
Accepted and Agreed to:
BATTLEMENT MESA PARTNERS,
a Colorado general partnership
By: Community Holdings West, Inc.,
a Colorado corporation, .
general partner
By:
avi. 1 1 Z, 'res .ent
By: Universal Western Properties,
a Colorado corporation, Inc.,
general partner
Bv:
Date: L Sr �} 158`1
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26 R 130.00 0 0.Ae roDrTe1,. A9 PI14
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9Z02LO'd 8LOii
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Engineering M°n
anager,
Department, Exxon, Company,lcU.S.A.
(a division of Exxon Corporation)
Agent and Attorney in Fact
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6NV60:01 '61 '00 3WI1 03AI30321
E.XH__�BZT A
SAL pFSCRrynrn .
A parcel of land lying in Sections
18, and 19, Township 7 south
Range 6, 7, e' 9, 10, 16, 317,
and 24, Township 7 South g 95 ,Wof and Sections
Principal Meridian, Count Range 96 West, of the Sixth
13
more Y f Garfield o2o
particularly described as state of Colorado,
follows:
Beginning at the East 1/4 Corner of Section 5
south, Range 95 West; , Township 7
Thence along the, East line of Section 5 South 00'15'
West a distance of 1628.34
a:f the N1 2 feet to the Southeast Corner
/ NE1/4 SE1/q SE1/4 of Said Section'5;
Thence along the South line of the
N1/2North 87'19'30" West a distance of 664. 9Nfeet, too4 hSE1/4
e
Southwest Corner of said N1/2 NE146SE /4 the
Thence along the West line of t / N1/2 NNE S4 5E
of Section 5, North 00'23' the adistance
SEf/4 4SE1/4
.34
feet to the 16" East a distance of
Northwest Corner of said NE1/4 SE1/4 SE1/4;4
Thence along the North line of the sE1/4 SE1/4 of said
Section 5, North 87'26'14" West a distance of 663.79 feet,
to the Northwest Corner of said SE1/4 SE1/4;
Thence along the West line of SE1/4 SE1/4 of said Section
5, South 00'30'52" West a distance of 1292.05 feet to the
Southwest Corner of said SE1/4 sE1/4;
Thence along the South line of said Section 5, South
86'59'25" East a distance of 1333.74 feet to the Southeast
Corner of said Section 5;
Thence along the North line of Section 9, Township 7
South, Range 95 West, south 87'59'43" East a distance of
1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4
of said Section 9;
Thence along the East line of the NW1/4 NW1/4 of said
'Section 9, South 01.02'26" West a distance of 1301.45 feet
to the Southeast Corner of said Nw1/4 NW1/4;
Thence along the North line of the SE1/4 NW1/4 of said
Section 9, South 88'02'23" East a distance of 1324.35 feet
.to the Northeast Corner of said 5E1/4 NWl 4;
Thence along the North line of the SW1/4 NE1/4 of said
Section 9, South 88'35'51" East a distance of 1275.60
feet, to the Northeast Corner of said SW1/4 NE1/4;
Thence along the West line of the NE1/4 NE1/4 of said
Section 9, North 01'04'15" East a distance of 1311.84 feet
to the Northwest Corner of said NE1/4 NE1/4;
Thence along the North line of said Section 9, South
1111!1111111111!! 1111111111111111111111111111111!! 1111
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89'06'43' East distance -o
Co nCer of said Section 9 f 1274'26 feet to the Northeast
along the East line of said Section 9,
01'00'494 West a distance of 1323.29 feet,
Southeast Corner of thesouth
Thence along NE1/4 NE1/4 to the
10,Th ce the North line of the °f said Section 9;
Township 7 South, Range 95 West, south
h 88'46'55"
8 6' Section
a distance of 631.29 feet to- ' south 8H' �
the said SW of X11/4 687feet
ta point on the rt 511 East
Corner said
of West of the Northeast litre of
Corner
of said
�SW1/4 NW1/4, said point being
1o8ne4 as parcel of land described eing the Northwest
recorded in Book 302 at Page 00 f Document cords'
of the Clerk and Recorder of Garfield County;
Thence tion t g 200 of the records
five (5) courses:boundary of said parcel the
following
(1) South 0049'344 West a distance of 221.67 feet;
(2) south 48'09'56'
09'ast a distance of 361.92 feet
to a
P556DO
angles feet, as measured at right
southerly from the North line of the
(3) South' 91/4 ofbsaid Section 10;
(4) South 00.17'44 West East a distance of 166.55 feet;
00'49'34'
distance of 201.43 feet;
(5) south 89'17'474 East a distance of 246.37 feet
to a
point on the East line of said SW1/4 NW1/4 655•
South of the Northeast Corner of
Thence departing.saidLparcel boundary along
q feet
the SW1/4 / NW1/4;
ofst a / NW1/4 of said Section10, aSout the East line
distance of 667.20 South st Corner
said SW1/4 NW1/4) feet to the Southeast of
Thence along the.East line of the NW1/4 SW1
Section 10, South 00'54'384 West a dist
feet to the southeast /4 of said
f4;
eet
along Corner of said distance 4 Wof1 1315.11
Thence 10, NthehSo South
1i of the NW1/4/SW1/4/of said
feetcto the Southwest West a distance of 1323.06
t along the SouthCo nerof said NW1/4 SW1/4;
Thence Township 7 North of the' N1/2 SE1/4 of Section
distance of 7557 ' Range 95 West, North 87'19'11"
West N1/2 SE1/4; 45 feet to the southwest Cornerofsaid a
Thence along the South line of the N1/2 SW1/4 of Section
9, North 88'38'08' West a distance of 2654.44 feet to the
'Southwest Corner of said N1/2 SW1/4;
Thence along the South line of the NE1/4 SE1/4 of Section
8, Township 7 South, Range 95 West, North 88'43'
distance of 1331.33 feet to the Southwest
NE1/4 SE1/449' West a
of Section 8; Corner of said
Thence along the West line of the SE1/4 SE1/4 of Section
8, South 01.20'144 West a distance of 1316.23 feet to the
111111311111 111111 111111 1111111111111111111111111111111
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Southwest
o thalong
of said SE1/4 SE1/4 of Section 8;
the East line of the W1/2 NE1 4;
17, South 01.00'57" West a distance of
Southeast � of Section
Corner of said W1/2 NE1 2639.16 feet to the
Thence along the North line of the 4NE1/4eSE1o4 of
17, South 88'46'04" East a distance .of
E1/4 Corner of Section 17; 1324.13 feetettion
Thence along. the Easterly 9 the
of
Section 17, South 01'01'4" Weste of the tance of 14 0.
feet to the Southeast a distance o
17; Career of the NE1/4f 120.50
Thence aloe t / SE1/4 of Section
16,hTaw along he North line'of the SW1/4 SW1/4 of Section
a distance nse of 71 South,
o t ,4 Range 95 West, south 87.41'13" East
SW1/4 SW1/4; to the Northeast
Thence COrn6r of said
along the East line of the SW1/4 SW1/4
16, South 01'03'30' West a distance of
.Southeast Corner of said SW1/4 SW1/4; / of Section
•Thence aloe 1322.00 feet to the-
,:Southeast
hu
8" West a g the South line of said Section 16 North •
Corner
lof said Sectionn16;ce °f 1330.20 feet to the Southwest
Thence along the South line of Section 17, Township 7
South, Range 95.West, North 88'44'01' West a distance of
1984.49 feet to the Southwest Corner of the E1/2
SE1/4;
Thence along the West.line o / 5W1/4
Thence
1st f the E1/2 SW1/4 S.E1/4
Northwest CorneraofisaidcEle o2 f 1319.91 feet to the North
S
Thence along the South line.ofthe4 SEI/4; t4
Section 17, North 88.45'02' West a distancce of6of sa
6o651.7.lid
to the Southwest Corner of said NW1/4SE1/4;8 feet
Thence along the South
88'45'02' West a distancene ofof the NE1/4 SW1/4, North
rods East of the Southwest Corner of said NE1/4 1158.58 feet to apoint ;10
f 16
Thence North 01'03'04" East a distance o Sfeet
Thence North 88.43'44" West a.distance of165.63.63 feet;
Thence North 00'55'58+ East a distance•of feet,
27.66 feet,
along the West line of'the NE1/4 SW1/4 to t
Corner of the S1/2 NW1/4 SW1/4; / he Northeast
Tlence ofNorthe88'45'33" West 1324.42 feet to the Northeast
E1/2 SE1/4, NE1/4 SEI/4 of'Section 18,
Township 7 South, Range 95 West;
Thence along the North line of the E1/2 SE1/4 NE1/4 SE1/4
of said Section 18, North 88'24'33" West a distance of
329.8.5 feet'to the Northwest Corner of said E1/2 SE1/4
NE1/4 SE1/4;
Thence along the West line of the E1/2 SE1/4 NE1/4 SE1/4
of said Section 18, South 00'53'57' West a distance of
659.61 feet to the Southwest Corner of said E1/2 SE1/4
NE1/4 SE1/4;
111111 11111 111111 111111 11111 111 1111111 111 111111 111 1111 •
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Thence along the South line of the NE1/4
Section 18, North 88'26'07+ West a dist
to the Southwest / SE1/4 of said
to the Corner of said NE1/4514 of 989.84 feet
along the. East line of the SW1 SE1/4;
Section the Southeast Corner
West a distance 0 0.4
Peet8, South /4 of s
feet
to along the East Corner of said SW1/4 SE1 4320.46
Thealoline of the W1/2 NE1/4 /
19, distance Township 7 South, Range 95 West, So / °0 Section
of 2642.08 feet to the Southeast°1 rner r
W1/2 NE1/4; 4 West
Thence alongt Corner of said
Then the South line of the NE1/4 of Section 19,
88'41 12^'Wast a distance of 1329.89 feet to
Southwest Corner of said NE1/4;
Thence continuingthe
The of s Westerly along the South line o
said Section 19, North 88'41'12^f..the
38
feet to the southwest Corner of said West
Thence continuingNW1 4 of2570.38
NE1 4 of Westerly alonget eoSection 19;
North 8Section 24, Township 7South, RangeSoReine of the
89'32'43" West a distance offeet 96 tost,
Southwest Corner of said NE1 2673.12 to
Thence /4; the.
West 1023.06 feetthe ;
Thence
line of said NE1/4 North 00'23'55 -
Thence North Thence North 01'25'42" East 229.68 feet,
Thence North 34.29'04, West 236.83 feet;
Thence. North 28'52'42' West 2102.82 feet;
Thence 00'00 30 West 461.13 feet;
North '00" East 461.13 feet;
Thence North 81'1O'06' West 955..94 feet to the centerline
of the Colorado River;
Thence along said center the following courses and
distances;
North 26'28'25.. East 232.98 feet;
North 30'21'25" East 206.15 feet;
North 35'25'25"
5'25, East 644.58 feet;
North 29'1North 7'25' 25 East 829.38 feet;
24.25' East 99.86 feet;
North 36.
27 25 East 150.05 feet;
North 34'54'25- East 16.3.27 feet;
North 31'12'21" East 266.75 feet;
North 50'36'25' East 686.79 feet;
North 72'23 50 East 390.96 feet;
North 76'17'12" East 151.22 feet;
North 77'41'27- East 463.54 feet;
North 79.'53'07 East 281.99 feet;
North 79'01'50" East 87.91 feet;
North 62'57'34" East 257.89 feet;
North 27'17'27' East 312.44 feet;
North North 44,46'59' East 126.43 feet;
24'17'40' East 197.27 feet;
1111111 11111 111111 11111 111107/08/1999 12:05P 1 111111111111 111111 1111111
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North 26'39' East 124.13 feet;
North 32.
North
O1 18 East 109.42
North 74'074'1 '48" 2East 226.07 feet;
North 78. 10,20' East 154.17 feet;
„ East 444,46 feet;
North 35.52'
North 26• ,21East 149.32 feet;
North 41'02"
East 150.34 feet;
North 14'13'48' East 511.69 feet;
East 241.07 feet;
North 14'40'02' East 996.76 feet;
North
North 08.23,25' West 274.60 feet;
East 215.19 feet;
North 20.08'11„
East 79.69 feet;
North 32'27'48' 48 East 71.69 feet;.
Thence 1l0aving g said Colorado River centerline South
'!hence East 526.15 feet;
North 01.04'10" East a distance of 485.22
Thence South 88.24'36" East a distance of 83.00
Thence North 53'feet;
the 8 25" Easta distance ffee
the southerly Right -Of -Way of t ex 631 g0 oust to
he existing County
Thence along said Right -Of -Way South 43'14'11" East
distance of 55.74 feet;
Thence continuinga
East along said Right -Of -Way South 34•04'07'
107.02 feet;
Thence continuingealong said Right -Of -Way South 15'35'44"
East 66.56
Thence North 72'19'16" West a distance of 13.56 feet
Thence South 79'47'18' West a distance of 24.89 feet;
Thence South 37.23'26° West a distance of 100.52
Thence South 06'07'27"' West a distance of 83 fett;
Thence North 88'48'43' East a distance of 85.28 feet;
feet
the westerly Right -Of -Way of the existing Countyto
Road; '
Thence along said Right -Of -Way the following courses and
distances; South 10.11'10' East a distance of 50.84
feet;
Thence 244.26 feet along the arc of a curve to the left
having a radius of 1611.94 feet, the chord of said
curve bears South 02'50'01" East a distance of 244,03
feet;
Thence 331.22 feet along the arc of a curve to the left
having a radius of 270.10 feet the chord of said
curve bears South 42.18'20" East 310.85 feet;
Thence South 77'25'36' East a distance of 249,91 feet;
Thence South 82'00'16' East 142.25 feet;
Thence leaving said County Road Right--Of-Way North
13'52'58' East a distance of 60.00 feet;
Thence South 76'07'01' East a distance of 196.00 feet;
411
11!111111 HIM 1111111111111111111111111111111111111
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Thence South 66'03'01' East a distance of 92.80 feet;
Thence North 64'50'00^' East a distance of 12.20 feet;
Thence South 86'44'06° East a distance of 201;00 feet;
Thence North 01'36'29" East a distance of 650.00 feet;
Thence North 86'44'010 West a distanceof359.65 feet;
Thence North 01'36'06^ East a distance of 469.21 feet;
Thence North 01'32'15° East a distance of 568.40 feet;
Thence North 01'39'14° East a distance of 355.62 feet;
Thence North 85'54'03' West a distance of 597.54 feet to
the centerline of the Colorado River;
Thence along said 'centerline the following courses and
distances:
North 30'34'03^' East 126.48 feet;
North 11'14'23° East 262.86 feet;
North 03'21'52" East 244.98 feet;
North 06'43'43° East 149.36 feet;
North 09'50'22° West 130.18 feet;
North 15'44'44° West 249.17 feet;
North 23'23'56' East 595.97 feet;
North 29'30'40'' East 146.50 feet;
North 43-'21'22'" East 437.13 feet;
North 53'22'38° East 517.59 feet;
North 60'37'24° East 639.69 feet;
North 58'44'59° East 242.35 feet;
North 68'18'39° East 236.76 feet;
North 74'06'42' East 340.87 feet;
North 86'52'08° East 446.66 feat/
North 88'43'46° East 270.56 feet;
South 63'05'32° East 198.26 feet;
North 78'27'53° East 618.98 feet;
North 76'29'45° East 483.05 feet;
North 49'07'36° East 593.26 feet;
Thence leaving said Colorado River centerline South
87'53'17° East a distance of 2282.68 feet along the
North line
ownship
South, Range f95hWest lof the sSixth aid ePrincipalction 5,TMeridian7
to the point of beginning.
CX O 1XGDD
111111.111111111!111111(111!1111111111! 111111111 1111111
48481 07/08/1999 12:05P 81139 P120 M ALSDORF
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RECEIVED TIME Oct 12. .1O:O9AM
•
Dated
NVGV•Ut. 6t .':)U iYl';1 QiA!flJ
EXHIBIT s
TO
SURFACE USE AGREEMENT
day of PN., 1990
Between! Battlement Mesa Partners,
Battlement Mesa Realty Partners and
Barrett Resources Corporation
RULES AND REGULATIONS FOR OIL
AND OPERATIONALH ACTIVITIES WITHIN D GAS DRILLING
BATTLEMENT MESA
1. Permitted WeI1 Locationsr
density o no greater t Wells may be drilled on the
shall Consist
no of g han one well for each 160 acres which
overnmental quarter sections
formation to Which they.re
drilled,
prescribedb aregardless of the
The we:_11 location.rule
y th;e Colorado 011 dnd Gas;Conservat.i.on..Commi.ssion::::
sha11 be further.restrlcted:tope'xmlt.drilling only within .each
quarter se_ctaan.°as .s; pec{fiea1ly.set -cut below
referred to below shall in some instances refer to a location
Locations
approved in the Agreement between Exxon Corporation and
Battlement Mesa Partners, dated December 12, 1989, which
Agreement is attached hereto as Exhibit
A. Thesdepicted on a map incorporated in that AgreementeandconlSchedare
ule
I to this Exhibit B and designated by lettere "A" through 'P„
Reference to an Exxon Location A, for example, shall refer to the
exact center of the location denoted as Location A on Schedule I.
References to the approved PUD for Battlement Mesa shall mean
that area denoted as such on Schedule I, attached hereto.
PERMITTED LOCATIONS:
ToWnsh;i;a :7 South .:;Ran e.;95_14est-
Section.: On the centerof
or .withi r;; 50 ebvn,
tai e r.e.of.:;c
Section 5: SW/4: Drilling not permitted within the
boundary of the approved PUD for
Battlement Meaa
Section 6: SE/4: Drilling not permitted within the
boundary of the approved PUD for
Battlement Mesa
Section 7: NE/4: Drilling not permitted within the
boundary of the approved PUD for
Battlement Mesa
I11N1111111111111111111111111111111111111111111111111
;48481 07/08/1999 12:03P 81138 P122 M ALSDORF
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Section 7: SW/4: Drilling not permitted within the
boundary of the approved PUD for
Battlement Mesa
Section 7: SE/4: On the center of Exxon Location L,
or within 50' thereof, or outside
of the approved Pup for Battlement
Mesa
Section 8: NW/4; On the center of Exxon Location N,
or within 50' thereof
Section 8: NE/4; On the center of Exxon
or within 50' t Location H,
hereof
Section 8: SE/4: On the center of Exxon Location C,
or within 50' thereof
Section 8: SW/4: Drilling not permitted within this
quarter section
Section 9: NW/4: Current location of the Smith No. 1
Well is the permitted location.
Section 9: NE/4; Location subject to Rule 1,
described below.
Section 9: SE/4: Location subject to Rule 1,
described below,
Section 9: SW/4; Location subject to Rule 1,
described below.
Section 10: NW/4: Location subject to Rule 1,
described below.
Section 10: SW/4: Location subject to Rule 1,
described below.
Section 16: SW/4: Location subject to Rule 1,
described below.
Section 17; NE/4; Drilling not permitted within the
boundary of the approved PUD for
Battlement Mesa
Section 17; NW/4; Drilling not permitted within this
quarter section.
Section 17: SE/4: Location subject to Rule 1,
described below.
1 111111 11111 111111 111111 11111 111 1111111
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548481 07/08/1999 12:05P 81139 P123 M RLSDORF
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Section 17: SW/4:
Section 18:' NE/4:
Section 18; UW/4:
Section 18: .SW/4:
Section 18:
Section 19;
WV60 11 ZlPO 3W11 O3AI3D31
Location subject to Rule 1,
described below.
On the center
or within 50'
On the center
or within 50'
On the center
or within 50'
SE/4: On the center of Exxon Location
or Within 50' thereof
On the center of Exxon Location O,
NE/4:
Section 19: NW/4:
Townshi
Section
or within 50'
of Exxon Location E,
thereof
of Exxon Location K,
thereof
of Exxon Location J,
thereof
thereof .
Drilling not permitted within the
boundary of the PUD plan for
Battlement Mesa
7 South, Ranee 96 West.
13: NE 4: Drillingnot permitted within the
boundary of the PUD plan for
Battlement Mesa
Section 13: SE/4: On the center of
or within 50' Exxon Location I,
thereof
On the center of Exxon
or within 50' thereof
Section 24: NE/4:
Location
Notw:thstandipg anythang: herein to 'the Contrar`
be drilled within. 200 feet of; an existin
.,.rule, when -coupled with Y no.;weil-:may
h the specified locations above,
If thin`
permit, the drillingwell p abecti n willw .not
the exception of those quarter isections for which no drilling is
n a given. quarter section (with
permitted), then Surface Owners and Barrett shall establish a
mutually agreeable replacement location within that
section,
quarter
RULE 1: Location permitted in accordance with the
Application as
submitted by Barrett before the Colorado oil and
Commission in Cause Nos. 139 and 440, but a
selected which Gas Conservation
will minimize the impact location must sbe
within the quarter section xon actual r
o and upon existing uses residents
-'3-
11111111111111111! 11111111111 III 1111111 III 111111111 I��I
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2• Road Usage: To the
than tthose at Usage:
extent that Barrett uses roads other
tnt
han, ht has contructed and maintained
any damage agrees to bear the sole cost and wensen•f rar
caused to these roads b expense of
agents or subcontractors Y Barrett, its repairing
operational , whether it be employeesg,
Surfacepphase of ariy well during the is roads or
Owners' t to all such public Surfs or
Owners retain therate roads within Battlement
thereof, right to reasonablyMesa, Ss u
including load limits, frequencyregulate Bar.rett's
the,of usage
use, and time of
The location, design and maintenance specifications
and all improved or unimproved leaseihiof any
Battlement Mesa constructed bytshe access roadsbewithin
consent of the Surface Barrett shall shall subject to the
unreasonablyOwners, which consent not be
the repair withheld. Barrett shall be solei
and maintenance of the roads Which y responsible for
within,Battlement and shall maintain the iroads sto in
dangerous conditions and
across subdivided lots. All
dust• No roads shall be constructed
dcsignated open All access roads shall be constructed on
roads or trails space,aeor ppslanned road beds and follow existing
ropdopoiate signslon allpracticable. Barrett shall
appropriate
Road" of its roads designatingroad
daae
"Pr use of t and to assist the Surface Owners nsthe contras ol
a
constructed bye road by any unauthorized personnel,
constr that ryaBBarrett shall be limited to 30' dtl roads
onstructed or.used byin width, cToe the
grazing lands, then Barrett shall enter into trett crees
the surface occupantor lessee an fenced
lands with respectagresmeof with
and maintainence of fence and indemnifyto the holdlSu thosec
Owners harmless for any and all liability and surface
occupant, Y to said surface
3. Wellsites A11 wellsite s
than tw s hall be lim>ied' to no ,riot
4 ac.res,;in; size -`during dril;lin
_acre for es
a producing welt g .,:and nb mgre;than;one .half
Wellsites, includingBarrett agrees to fence the
its sites and rights-of-way
pits and other hazardous areas,
debris, ghts-of-way in order and free fromlitter
and keep
At: any site which Barrett abandons re t shall
ar
in, smooth over, and clean up the site and road right-of-way,
shall fill
shall restore and reseed said area by replacing a to sol
All reseedingshallP g •the top soi]y„ and
Surface dns•bre the
of grass specified by
'by Barrett within six months after termination oment f all duction oted
drilling, whichever first occurs• If the surface pitsuareonoor
t.
dry after eighteen months, Barrett agrees to pump the it
dispose of its contents off of Battlement Mesa• and to have full
restoration promptly p dry and
p y completed within six .months thereafter,
1111111111111111111111111111111 II1II1I 1111111111 11 (111
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4. P1•eline
locate all Ri'forof_Wa provisions;
open e p penes
the Pace or public nes pro•uced gas or Barrett
approval dedicated flnagrees to
unreasonabof ly easements, alongin designated
Y wit.hheldCe Alters' which aPprovalsroutes subject to
e
un under
hall
reasonable the gr icatound iod propePlYimarkednes al be face O net ot least
specifications.
to Surface Owners'
5• Drillin
rig to be stac ons= Barrett
Barrett shall ed Battlement shall not allow
quarters not cause to Mesa for more than any drilling
Barr°n the wellsie be constructedfive
any
any
exception ationsof neceay personnelodurrf inglactua Mesa cilli g days.
the
nt
commenced onlyDrilling activities within
actual drilling
Januarys Februaryduring the months f1 October, November,
Mesa shall be
of any existing March,
for nyf Owellelocatedmbethj 2 ,000'
residence within within i
6. Fires: AnyHattlement•Mesa,'000
Barrett, s awl be the sole sanduexclbsi Barrett's
personnel or
assigns responsibility of
7. Firearms;
employees, or Barrettdshall not
weapons while as ne o discharge firearms permit its agents
their persons.
Battlement Mesa, or to carr crossbows, such
weaons other
Y such weapons on
8 Water;
right 'to Har e t Nothing herein shall be implied as
to use any water found Battlement
9. in B granting any
Mln;ml•zln• Surface Mesa,
make every e fort Visual Disturbances:
Its operations in to minimize the visualBarrett s
community. Battlement Mesa shalland ound of hall
following Such efforts s have effects which
9 measures:
e; hall include but upon the terrto
not be limited to thea
good state (a) maintaining all surface production facilities
the Location and air, including removin trafromia
the
approved by Sunda ma Ownersnonaa�?esh coatof paint
ris ofrasc
production painta color
facilities,
placedirtrt(ber When requested b
hide ms aroundrthe by the Surface Owner,
the same tab berms
ands perimeter of the wellsiteaett visually
for this purpoaeor take any plant 'trees around theto visually.
purpose; y other action perimeter for
mutually agreed upon
(c) minimization of tankage facilities;
(d) placing mufflers on all combustion engines; and•
f11111111111111(1111111111111111111111111111111111
i1.07/09/1.no 12:05p 81139 P126 M ALSDORF
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by Surface(e) such other measures as may be reasonably required
10. Fencin
link 0around Barrett shall construct
link fences the perimeter of all. and g wells
chain
gates, operating wells and
11. Compression
Stations No compression stations shall be
located on Battlement Me
Mesa.
12.. Additional Surface
Surface Adi no Additional
t Restrictions; Barrett s
So fac Ownersdrilling than thirty 3 days hall e priore
notice, of anywell. within e written'notice sasai
Barrett shall s Battlement Mesa. In andid
include a curve specify the precise well location
include
acsury y plat therefor, and set forth its
surfaceusage during drilling and production including
for
and construction, and the plan to products n road
thepwell, including proposed pipline right-of-way
waterfrom
said Surface Owners shall have the right, y erdrev wof
plan, and within twenty (20 g after review ,
specify further reasonablyal r of the receiptof thereof, to
including road and.pipeline n Practical regulation of such activity,
maintenance byP peline routes, and wellsite a
written notice thereof to Barrett.
appearance and
13. Oil and Gas Commission
Provide Sur ace OwnersGoi.mi its sion Notices: Barrett
and Gas Conservation Commission ofptheaStatetion offilings
o ,to
pertainingto with the Oil
the lands within Battlement Mesa, Colorado
not limited
to, applications for spacing,
including, but
and all sundry' notices unitizetion or
the extent the same pertain to lands 1located d hwithin oBattlement
to
Mesa. In addition, Barrett herewith agrees that, for purposes of
the Oil and Gas Conservation Act and the Oil and Gas Conservation
• Commission's Rules and Regulations, that the Surface Owners shall
be interested partiesentitledto notice of all proceeding,
be offered an d
n
otng ed this
y to be heard before the g and
Agreement shall be construed as makings then' but
Surface Owners an "owner" as that term is defined under the Act
or the, Commission's regulations.
14. Other Surface Owners: To the extent thata'
operations znT Battlement Mesa nvolve the disturbanceof
in Battlement Mesa other than that owned by
Barrett agrees to endeavor in good faith to accommodate the
reasonable requests of said Owners,
other surface owners,
15. Damages: To the extent not otherwiseprovided
Barrett agreees o compensate Surface Owners for etu herein,
damages caused to their improvements and facilities within
Battlement Mesa.
1111116111 [IIIII II111I 1111!111111/1111I11111111.f1111!
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1 of 26 R 130,00 0 0.00 neeerei n
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16. Workovers and Recorri
elects to workover or rd anyBecolete�ns: In the event that
Battlement Mesa, or conduct well located Barrett
workover, rMese loris any other operation requiring a
Surface p or drilling rig, then, Barrett's
hallct
r operations sen d (a10) days notice of its intents
hall give
be conducted, g forth the wells onwon to work will
interfere In the event that such operations willch ho terk lly
with the Surface owners' marketing
Battlement Mesa, then Surfacematerially
Barrett thereof and the owners shall promptly effolts in
Barrett o rand shparties shall mutua1yagre notify
Aerations, Y agree upon a more
i7. S ecial Use permits;
Owners with a copyBarrett shallprovide
Own operationsswioho aljtlpplications for S al Suermit
for
r Special Use f milts
Y thereof, when suchor within one-half
Garfield Count applications are filed inmile of
Y, Colorado.
ref:012A/DD18
1111111111111111111111111111111 1111111 111 1111111 11 1111
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•
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11111 11111 111111 111111 11111 1111111111111 1111111 111111
548481 07/08/1999 12:05P 81139 P129 M AMORE
26 of 26 R 130.00 0 0.00 GARFIELD COUNTY CO
SCHEDULE I
TO
EXHIBIT B
TO
SURFACE USE AGREEMENT
Dated G, T'1 day of 1990
Between Battlement Mesa Partners,
Battlement Mesa Realty Partners and
Barrett Resources Corporation