HomeMy WebLinkAbout4 - Letter from Exxon 12.12.19890
C ?j{O N COMPANY. ,v ti
r.)510.,CE NJw '6G.3.+••Gk w:+J TrAAL. :5' U2
pece ter 12, 1969
Battlement Mesa Partners
Suite 300
5575 010 Parkway
Englewood, Colorado 80111
Dear Madam or Sir:
When accepted by you, as evidenced by your signing and returning to the
unders'cr.ed one executed ccpy eereof, this letter shall serve as our agreement
on guidelines regarding Exxon Corporation's conduct of oil, gas and other
mineral activity from or under the surface of the land ("Said Land") more
particularly described on Exhibit "A" hereto.
Exxon, only insofar as its interests are concerned, does hereby agree, that,
except as provided herein, it will not use, occupy, or place any fixtures,
equipment, buildings or other structures on the surface of Said Land pursuant
to its rights as an cwner of the minerals therein, provided, however that (1)
nothing contained herein shall be construed as waiving, releasing,
relinquishing, or otherwise affecting any of Exxon's rights, title and
interests, in and to the oil, gas, water (regardless of salinity), and other
minerals in and under Said Land or Exxon's right to use, exploit, develop and
produce the oil, gas, water (regardless of salinity), and other minerals
thereunder by wells drilled and other operations conducted on the surface
sites provided for herein, cr at surface locations outside of Said land,
including, but net limited to, wells drilled directionally under or through
Said Land and bottomed beneatn Said land or bottomed beneath lands outside
Said Land provided that no such activities will disturb the support or
unreasonably disturb the surface of Said Land outside of the hereinafter
desigr,ated Drillsites; and (2) nothing herein shall be construed as waiving,
releasing, relinquishing, or otherwise affecting any of Exxon's rights to use
the surface of Said Land for geophysical testing operations if such operations
would not unduly interfere with Battlement Mesa Partners' (hereinafter
referred to as `Buyer') use of Said Land, it being understood that some of the
geophysical operations referred to herein involve the use of various kinds of
energy sources in conjunction with geophysical detection and recording devices
which measure and record geophysical properties of the earth, which properties
include, by way of example and not of limitation, magnetics, acoustics,
gravity, electricity, cr other industry accepted geophysical testing.
It is understood and agreed that any drilling operations which Exxon conducts
on Said land shall be conducted upon those surface sites (the 'Drillsites")
t.ne general locations of which are indicated on Exhibit '8' hereto. At least
120 days prior to the time that Exxon decides to conduct such operations Buyer
and Exxon shall execute a surface use agreement reasonable to both parties
hereto on a form to be negotiated at the time, which shall contain: (1) a
specific legal description of the Drillsites upon which such operations are to
be conducted; (2) provisions granting easements for access to the Drillsites
A wr,5.0. D. 1110' COwrow♦ low
i 1111111111111I1i111111111111111I11111l Hl 11111111111
t4b481 07/08/1599 12:05P B1138 P112 i1 RLSDDRF
9 of 2e R 130.00 0 0.00 GARFIELD COUNTY CO
Gat;lus:ent !t::sa Par;
Ci>Cerctiz 12, 1989
for orcucti.ng Ie drilling operatiers; and (3) provisions Granting easements
for ]Lich pipelines or utter methods of tracsocrtation of production as may be
reGutred to trans:rt production from wails drilled on the Drillsites. It is
expressly onderston•o and agreed that Exxon shall not be obligated to pay any
consideration for said agreement,
it rs expressly understood and agreed that, at least 120 days prior to the
ccmm.encerent of ire construction of any ii7provements upon Said Land which
would unreasonably interfere with Exxon's access to and/or use of the
Cr-illsites for Grilling or production operations. Buyer will provide written
notification to Exxon at the following address:
Exxon Company, U.S.A.
Attention: Right of clay and Claims Supervisor
P. 0. Box 1600
Midland, Texas 79702-1600
specifically describing the planned improvements and Exxon and Euyer agree to
Gegotiate in Good faith to agree on one or more alternate Drillsites and/or to
modify Buyer's planned developments or improvements to allow Exxon adequate
access to the Crillsites if Buyer's planned improvements may unreasonably
interfere with the use of the Drillsites specified herein. It is expressly
understood and agreed that Buyer will not construct any developments or
improvements upon Said Land if such improvements or developments would
substantially interfere with Exxon's use of the Drillsites and the parties are
unable to designate alternate Drillsites or otherwise provide for adequate
access to the Drillsites.
In the event that (l) any portion of any or all of said Drillsites is taken
through the exercise of the power of eminent domain; (2) some portion of the
Said Land is taken through such exercise which would preclude Exxon having
reasonably sufficient access to said operation sites for drilling or
production operations; or (3) as the result of any law, rule, ordinance, or
regulation of any federal, state, or municipal body, said Drillsites cannot be
used for operations as provided herein, Euyer agrees to negotiate in good
faith to designate alternate Drillsites.
Notwithstanding anything in this letter to the contrary, Exxon agrees on
behalf of itself, its successors and assigns, that with respect to Drillsites
on Exhibit '8" hereto which are adjacent to subdivisions on Said Land in
existence on the date hereof (which includes all Drillsites except those
designated 'A", "B" or "C"), that Exxon shall locate and operate any pipelines
or other distribution or collection facilities (the "Facilities") necessary to
service such Drillsites in designated and platten open spaces within or
between said subdivisions to the extent any such Facilities must be located
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 pipeline easements, Within ninety
(90) days of receipt of said Development Notice, Exxon shall be entitled to
review and comment upon the locations of said designated areas and pipeline
easements_ If Exxon raises said concerns as to said designated easement
locations, Buyer and Exxon shall negotiate in good faith concerning final
1 II 1111 I1Ill !11111111111111111111111111 111111 111 1111_
S48481 07/08/1989 12;88P 81139 P11.3 M RLSDORF
10 of 26 R 130.00 0 0.0E GidtFTELO COUNTY CO
•
Eattlament Nesa Pa-tr 's - 3 •
cesicna1 on of sa:d easement locations. if Exxon does not respond to said
Oeveic_-ent Notice within said ninety (50) day period, Puyer shall be entitled
to f;;le the i:avelopa:ent Cocuments with the appropriate governmental
authorities and Exxon shall to deemed to have waived any richts to object to
the location or locations of access and pipeline easements and further, Exxon
shall be deemed to have approved same and shall be bound by the Development
Documents as fileo with the appropriate governmental authorities.
1t is the in,ent cf the parties hereto that this letter agreement shall be
interreted so that each party shall be entitled to develop fully their
respec». e interests in or under Said Lana and the parties agree to act in
accorcance with such intent.
Accepted and Agreed to:
BATTLEMENT MESA PARTNERS,
a Colorado general partnership
By:
Community Holdings West, Inc.,
a Colorado corporation,
general partner
6y:
Gavid Gitlitz, President
By: Universal Western Properties, Inc.,
a Colorado corporation,
general partner
Ey:(��
Carol H. Friend, Vice Presi ent
Date:
1111111111111111111(1111111111111111111111 1111111111111
548481 07/08/1999 12:05P 81138 P114 M ALSDORF
11 of 28 R 130.00 D 0.00 GARFIELD COUNTY CO
EXXON CORPORATION
By:
G. . laeeden, Division
Engineering Manager, Production
Department, Exxon Company, U.S.A.
(a division of Exxon Corporation)
Agent and Attorney to Fact
FYNUTT A
LEGAL D"SCRIPTICN
A parcel c_ land lying in sections 5, 6, 7, 8, 9, 10, 16, 17,
18, ar.d 13. Township 7 South, Range 95 West and Sections 13
and 24, Tcvr•.ship 7 South, Range 96 West, of the Sixth
Principal Meridian, County of Garfield, State of Colorado,
more particularly described as follows:
Reginning at the East 1/4 Ccrner of Section 5, Township 7
South, Range 95 West:
Thence along the East line of Section 5 South 00'15'43`
West a distance of 1628.34 feet, to the Southeast Ccrner
of the N1/2 NE1/4 SE1/4 SE1/4 of Said Section 5;
Thence along the South line of the N1/2 NE1/4 SE1/4 SE1/4
North 87'19'20" West a distance of 664.56 feet, to the
Southwest Corner of said N1/2 NE1/4 SE1/4 5E1/4;
Thence along the West line of the N1/2 NE1/4 SE1/4 SE1/4
of Secticn 5, North 00'23'16" East a distance of 324.34
feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4;
Thence along the North line of the 5E1/4 SE1/4 of said
Section 5, North 87.26.14" West a distance of 663.74 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
1326.27 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
Secticn 9, South 88'02'23" East a distance of 1324.35 feet
to the Northeast Corner of said SE1/4 NW1/4;
Thence along the North line of the SW1/4 NE1/4 of said
Secticn 9, South B8'35'51" 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
Secticn 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
111111111111111111 IINI111111111 III11111111111111111111
548481 07/08/1999 12:05P B1139 P113 M ALS00RF
12 of 26 R 110.00 D 0.00 GARFIELD COUNTY CO
•
89'06'43' East a distance of 1274.26 feet to the Northeast
Corner of said Section 9:
Thence along the East lire cf said Section 9, South
01'O0'49- west a distance of 1323.29 feet, to the
Southeast Corner cf the NE1/4 NE1/4 of said Section 9;
Thence alcrg the North line cf the SW1/4 NW1/4 of Section
10, Township 7 South, Range 95 West, South 68'46'55' East
a distance of 631.19 feet to a point on the North line of
the said SW1/4 Nt;1/4, 687 feet West of the Northeast
Corner of said 5W1/4 T•'W1/4, said point being the Northwest
Corner of that parcel of land described in Document Number
198564 as recorded in Book 302 at Page 200 of the records
of the Clerk and Recorder of Garfield County;
Thence along the boundary of said parcel the following
five (5) courses:
(1)
(2)
(3)
(4)
(5)
South 00'49'34' West a distance of 221.67 feet;
South 48'09'56' East a distance of 361.92 feet
to a point 456.00 feet, as measured at right
angles, eoutherly from the North line of the
SW1/4 NW1/4 of said Section 10;
South 69'17'47' East a distance of 166.55 feet;
South 00'49'34' West a distance of 201.43 feet;
South 89'17'47' East a distance of 246.37 feet;
to a point on the East line of said SW1/4 NW1/4 655•feet
South of the Northeast Corner of said SW1/4 NW1/4;
Thence departing said parcel boundary along the East line
of the SWI/4 NW1/4 of said Section 10, South 00.54'36'
West a distance of 667.20 feet to the Southeast Corner of
said SW1/4 NW1/4;
Thence along the East line of the WW1/4 SW1/4 of said
Section 10, South CO'54'36' West a distance of 1315.11
feet to the Southeast Corner of said NWi/4 SW1/4;
Thence along the South line of the NW1/4 SW1/4 of said
Section 10, North 89'11'04' West a distance of 1323.06
feet to the Southwest Corner of said NW1/4 SW1/4;
Thence along the South line of the N1/2 SE1/4 of Section
9, Township 7 South, Range 95 West, North 87'19'11' West a
distance of 2557.45 feet to the Southwest Corner of said
N1/2 S£1/4'
Thence along the South line of the N1/2 SW1/4 of Section
9, North 88'36'08' 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
6, Township 7 South, Range 95 West, North 88'43'49' West a
distance of 1331.33 feet to the Southwest Corner of said
NE1/4 SE1/4 of Section 8;
Thence along the West line of the SE1/4 SEI/4 of Section
8, South 01'20'14' West a distance of 1316.23 feet to the
1111111111 [11111 ![Ilii iilil 111111311111 !illi! 1111!11
548481 07/08/1999 12:05P 81139 P116 M RLSOORF
13 of 26 R 130.00 0 0.00 GRRFIELD COUNTY CO
•
A-2
•
•
Southwest Cerner of said EE1/4 SE1/4 cf Section 8;
Thence along the East line cf the W1/2 0E1/4 of Section
17, ',cuth 01'00'57' West a distance of 2619,16 feet to the
Southeast Corner of said W1/2 NE1/4 of Section 17;
Thence along the North line of the NE1/4 SE1/4 of Section
17, South 88'46'04" East a distance of 1324,13 feet to the
E1/4 Corner of Section 17:
Thence along the Easterly line of the NE1/4 SE1/4 of
Sectier. 17, South 01'01'24' (.est a distance cf 1320.50
feet to the Southeast Corner of the NE1/4 SE1/4 of Section
17;
Thence along the North line cf the SW1/4 SW1/4 of Section
16, Township 7 South, P..ange 95 West, South 67'41'13' East
a distance of 1330.94 feet to the Northeast Corner of said
SW1/4 SW1/4;
Thence along the East line of the SW1/4 SW1/4 of Section
16, South 01'03'30" West a distance of 1322.00 feet to the
Southeast Corner of said SW1/4 SW1/4;
Thence along the South line of said Section 16 North
67'37'18' West a distance of 1330.20 feet to the Southwest
Corner of said Section 16:
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 SW1/4
5E1/4;
Thence along the West line of the E1/2 SWI/4 SE1/4,-North
00'59'11' East, a distance of 1319.91 feet to the
Northwest Corner of said E1/2 SW1/4 6E1/4;
Thence along the South line of the NW1/4 SE1/4 of said
Section 17, North 88'45'02" West a distance of 661.78 feet
to the Southwest Corner cf said NW1/4 SE1/4;
Thence along the South line of the NE1/4 SW1/4, North
68'45'02' West a distance of 1158.58 feet to a point 10
rods East of the Southwest Corner of said NE1/4 SW1/4;
Thence North 01'03'04" East a distance of 131.93 feet;
Thence North 88'43'44'. West a distance of 165.63 feet;
Thence North 00'55'58' East a distance of 527.66 feat,
along the West line of the NE1/4 SW1/4 to the Northeast
Corner of the S1/2 NW1/4 5W1/4;
Thence North 88'45'33" West 1324.42 feet to the Northeast
Corner of the E1/2 SE1/4, NE1/4 SE1/4 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 68'24'33' West a distance of
329.86 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 Cerner of said E1/2 SE1/4
NE1/4 SE1/4;
1111111111(1 IIII11111111 dill 1111111111111111111111 ili1
348481 07/08/3999 /2:0SP 81139 P117 M 4t$DORF
14 of 25 R 130.28 0 0.08 GARFIELD COUNTY CO
A-3
•
•
"hence along the South line cf the 1;E1/4 SE1/4 of said
Sect:cn 18, North 88'28'07• West a distance of 989.84 feet
to the Scuthvast Corner of said NE1/4 8E1/4;
Thence along the East line cf the SW1/4/
Section 28, South 00'55'21' West a distance /o of4 said
feet to the Southeast Corner of said SW f 1320.46
1E4 4E1/4;
Thence along the East line of the Wl/2 NE1/4 of Section
19, Township 7 South, Range 95 West, South 01'06'34' West
a distance of 2642.08 feet to the Southeast Corner of zaid
1:1/2 NE1/4;
':hence along the South line of the NE1/4 of Section 19,
North 88'41'12' West a distance of 1329.89 feat to the
Southwest Corner of said NE1/4;
Thence continuing Westerly along the South line of the
NW1/4 of said Section 19, North 88'41'12' West 2570.38
feet to the Southwest Corner of said NW1/4 of Suction 19;
Thence continuing westerly along the South line of the
NE1/4 of Section 24, Township 7 South, Range 96 West,
North 89'32'43' West a distance of 2673.12 feet to the
Southwest Corner of said NE1/4;
Thence along the West line of said NE1/4, North 00'23'55'
West 1023.06 feet;
Thence North 01'25'42' East 229.68 feet;
Thence North 66'11'04" West 236.83 feet;
Thence North 34'29'42' East 1613.03 feet;
Thence North 88'52'30' West 202.82 feet;
Thence North 00'00'00' East 461.13 feet;
Thence North 81'10'00' 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' East 644.58 feet;
North 29'17'25' East 829,38 feet;
North 40'24'25' East 99.86 feet;
North 36'27'25' East 150.05 feet;
North 34'54'25' East 163.27 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 feat;
North 79'53'07' East 281.99 feet;
North 79'01'50' East 87.91 feet;
North 62'57'39' East 257.89 feet;
North 27'17'27' East 312.44 feat;
North 40'46'59' East 126.43 feet;
North 24'17'40' East 197.27 feet;
141111.1111111111111 tt1111 VIII 11111111!11111111111111111
e7/e8/1398 12 @5P D1139 P118 M ALSDOIiF
5 of 26 R 130.00 D 0.08 GARFIELD COUNTY CO
A-4
1
•
North
North
North
North
North
North
North
North
:forth
North
North
North
North
North
32'25'39'
60'01'18'
74'02'49'
78'19'06'
`_0'40'20`
35'52'21'
26'41'02'
14'13'25'
24.54'48"
:4'40'02'
04'23'25'
East 124.13
East 109.42
East 226.07
East 154.17
East 444.46
East 149.32
East 150.34
East 511.69
East 241.07
East 996.76
West 274.60
08'15'04" East 215.19
20'08'11' East 79.88
32'27'48' East 71.69
feet:
feet:
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet:
feet:
feet;
feat;
feet;
Thence leaving said Colorado River centerline South
81'08'11' East 526.15 feet;
Thence North 01'04'10' East a distance of 485.22 feet;
Thence South 88'24'36" East a distance of 63.00 feet;
Thence North 53'18'25' East a distance of 635.50 feet to
the southerly Right -Of -Way of the existing County
Road;
Thence along said Right -Of -Way South 43'14'11" East a
distance. of 55_.7.4. feet,;.
Thence continuing along said Right -Of -Way South 34'04'07'
East 107.02 feet;
Thence continuing along said Right -Of -Way South 15'35'44'
East 66.56 feet;
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 feet;
Thence South 06'07'27' West a distance of 83.52 feat:
Thence North 88'48'43' East a distance of 85.28 feet to
the westerly Right -Of -Way of the existing County
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 42'16'20' East 310.85 feet;
Thence South 77'1'5'36" East a distance of 249.91 feet;
Thence South 62'00'16' 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;
1 11111111111111111 IIIIII 11111 111 1111111 111 111111 IN
5484111 07/08/1599 12:05P 81139 P119 M RLSDOAF
16 of 26 R 130.00 D 0.00 GRRFIELD COUNTY CO
A-5
Thence Sceth 66.03'61' Cast 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 86.44'01' 4:est a distance of 359.65 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' test 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 63-9.69 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 feet;
North 88'43'46" East 270.56 feet;
South 83'05'32' 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
Borth line of the SE1/4 of said Section 5, Township 7
South, Range 95 West of the Sixth Principal Meridian
to the point of beginning.
ota;ccto
ill!!! Ill11111111 I !111111111111(111111 111 111111 111 1111
548481 97/08/1999 12:05P 81139 P120 M FLSDORF
17 of 26 R 138.00 0 0,00 GARFIELD COUNTY CO
•
A-6
• • •
111111111 IUUI RUMS ••11•• ••••••‘ mor• •••••••.... ••• — •
54848 1 07/68/1999 12:05P 81139 P121 ALSOORr--
18 of 26 R 130.06 D 0.06 GARFIELD COUNTY CO
R 96 W R 9 5 W ;I:monomal 01,1•••
••• .
••-'•
•-
5
F. X11.1 131:1
DRILL SITES PLAN
13
'7
9
OF
1 8 1 7
t9 20
—11
21
3
1.
a.
...MA NI.
u 1[
Battlement
it"