HomeMy WebLinkAbout1.0 ApplicationSPECIAL USE PERMIT
INDUSTRIAL OPERATIONS
(Other than Oil/Gas Wells)
Date: 10-22-85
Applicant: F3�rrP t Fnergv CO,_
Address of Applicant: 221 East 29th Suite i36, Love n& Q.J.Q .0 .L.
Special Use: Natural Gas Pipeline
Legal Description: See Attached
Requirements:
/1. Plans and specifications for proposed use.
;2. Letters of approval from utility companies, sewage and water.
Evidence of road access and other information deemed necessary.
,i`3. A vicinity map, drawn to scale, depicting the subject property,
location and use of buildings and structures on adjacent lots.
4. An impact statement on the proposed use where required by Sections
5.03-5.03.12 of the Zoning Regulations.
j 5. Notice, including the name of the applicant, description of the
subject lot, a description of the proposed special use and the time
and place for the hearing, shall be given in the newspaper of general
circulation in that portion of the County .at least fifteen (15) days
prior to such hearing time. The applicant shall bear the cost of
advertising.
6. A copy of Assessor'smap showing property; and a listing of all
adjoining property owners of said property. Notice, containing
information described under paragraph 5, shall be mailed to all owners
of record of these lots, at least 5 days prior to the hearing, by
certified, return receipt mail, and the receipts shall be presented at
the hearing by the applicant.
7. A fee of $500.00 shallbe charged for each application and shall be
submitted with the application.
8. Attach copy of proof of ownership (deed; title insurance).
This Special Use permit is in compliance with Sections 5.03 and 9.03 of
the Garfield County Zoning Resolution and as per application.
List all adjoining property owners of said property
Attach map showing all improvements (present and proposed) and all
pertinent distances and area. Show all improvements on your property and
adjoining property.
The above information is correct to the best of my knowledge. ,
z
Applicant �L
Date
61, r/s4 4 '
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✓A'r�1J�-�� C'�o S[ISGb
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Petroleum and Energy Consultants
Registered in Rocky Mountain States
BURKHALTER ENGINEERING, INC.
'(15 Horizon Drive, Suite 330
Grand Junction, Co 81501
Telephone (303) 242-8555
November 4, 1985
Mr. Glenn Hartmann
Garfield Co. Planning Dept.
109 8th St., Suite 303
Glenwood Springs, Co. 81601
r -Q r--,1(;;;Icr cTil
trillio, ' Nov I) 1985 V�
GARFIELD Co. PLANNER
Igi
Re: Barrett Pipeline
Dear Glenn:
The pipeline and appurtenances applied for consist of the
following:
1) Transmission line approx 11 miles long. Line will be 8 5/8"
OD, API 5LX 52 steel, 0.188' W.T. designed to latest Pipeline
Safety Regulations, U.S. D.O.T. Parts 191 & 192. Line will be
designed and tested for maximum operating pressure of 1000
psig. You already have maps showing location of line.
2) Gathering System to hook up wells as described in Application.
Designed for 720 psig maximum operating pressure. 8 5/8" line
from north of Parachute to compressor station will be 1000
psig working pressure.
3) Compressor station as described in Application and designed to
specs in (1).
Project will employ up to 50 men at peak and last for approximate-
ly 45 days. Most employees will be local -- from Grand Junction to
Glenwood Springs Area.
Survey work is in progress at this time. Construction work will
probably begin after November 15 and continue until early January
1986. No temporary housing will be required. Restoration will be
started immediately after construction and will be done according
to landowner's specifications. Impacts will be minimal, as
pipeline will be covered and restored.
November 4, 1985
Mr. Glenn Hartmann
Page 2
Glenn, if you have more questions, or need further information,
please call.
Very truly yours,
J. N. Burkhalter, PE/PLS
JNB/hm
cc: Merle Evers
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Petroleum and Energy Consultants
Registered in Rocky Mountain States
BURKHALTER ENGINEERING, INC.
715 Horizon Drive, Suite 330
Grand Junction, Co 81501
Telephone (303) 242-8555
November 5, 1985
Mr. Glenn Hartmann
Garfield Co. Planning Dept.
109 8th St., Suite 303
Glenwood Springs, Co. 81601
Dear Glenn:
We wish to make a slight change in our Application for the Barrett
Pipeline Project. We wish to retain the 3000 square foot compres-
sor building, and add a 35' x 8' mobile home as an office. The
mobile home will have the wheels removed and set on a permanent
foundation. We will, of course, need restroom facilities for the
mobile home, which will consist of a septic tank and leach field.
1 don't believe this will pose a problem as the mobile home will
be set up permanently and used as an office, not a home.
JNB/hm
cc: Merle Evers
Very truly yours,
,/ &,tfr
J. N. Burkhalter, PE/PLS
;jrtq
JL NOV 6
1985 �An��
Foto S-(Produe.r,)
Ilan.. OM1.. & Cob. 1957
Rvaor0wd .t.v' �oo
3 io� 0.��`
9g1�B T_• porn,. BOOK 536 110E357?'
ny OIL AND Vgit A°i�"I
THIS AGREEMENT. amend title the Isle_ 20th , a AU¢USt
411..0
lea
Grant A. Knight, and his wife Harriett P. Knight
Grand Valley, Colorado 81635
Milani*, salted Imaor,
,,,, Barr. _L,_kflyde;. 405 Urban - Suite 302. Lakewood. Co. 80228 _ i..en.a.7 agile 8,.r/ 4e.1 MIMIC
1 Thar 1...m., ler and 1n emI4dn1Itai of 454 nit amen Dollars In Mead Mad and 11 dm 11.410140 lad a4newrnle Mrn.1htr rentelned
., M.prrf...sd t7 tit pun., 1114 Ih11 4.[ ram.t14. N..7*, ■14 la W Y► nom Mr11u 4sr horns giant, Was a7* Mt 00.11u1.r17 YM. 154 Naw la.
hereinafter emmtted land. ma .nh i7* nein to on1tlto Ms yeti 50 say Nr- therm, .1111 a 411 and p. Moa 11 le all or .007 701l 0f 154 un10 monad
lhvemr .. nerum.ner Pretlde4, 0w 154 ParMla N cur us M sal, ati
Pghras*l W MMho45PYanmat, rt, Including( are drilling, mad IM .twg,
rlig
/swig. gum 101111ng..an
plrR41P W m /sg. gag mil MMr gn gag r11M1110.1100 101341110•11.1t101341110•11.1r0e.Pr
MMPMI. Ila.. a7* SIAM Nr 454 thereon nee* 10 0.r
ilOWwl N.7* -p fltedee. lard, Mks Mn r. Ord amYlan.r. all of Owl
..aa.aaa, ed f0. Mras4 ad Wr40* 1414Mrr4 sa14 treat a1 Mad .MM my m ors1.4,7 1104. penia tete* 1411814 1. 41t O0.a1y .1_
Carfiel dMode ,, Colorado mad 1.1.,15.4.. fell.,,,
SEE ATTACHED RIDER
Township 7 South) Range 95 West, 6th P..11.
Sec. 3; SWI:NW1/4, Lot 2(10.92), Lot 3(40.75)
Sec. 4: SJiE1, SION, NW%SE1/4, Lot 2(20.10), Lot 3(I7.1O), Lot 4(9.70), Lot 5(18.70)
Sec, 5: Lot 6(17.50), Lot 7(37.00)
A tract of land in Sec. 3 containing 37.4 ac - Beginning at the meander corner
on West line of said Sec 3:
thence N 478.2 ft; thence S 70°51' E 1,741.08 ft;thence N
thence N 42 0' E 940.0 ft; thence S 967.80 ft;thence'S
thence N 68°0' W 2201.1ft to the Point of Beginning
A tract of land in Sec 4 containing 74.5 ac -
on the East line of said Sec. 4:
thence N 88°0' W 2640.0 ft;thence S 79°32' W
thence N 88°45' E 1320.3 ft;thenceN'82° 0' E
thence S 78°08' E 1349.4 ft;thence South
86° 0' E 400.0 ft;
50° 0' W 760.0 ft;
Beginning at the meander corner
2686.86 ft; thence N 900.0 ft;
1333,0 ft; thence S 84°20' E 1326.5 ft;
310.0 ft to Point of Beginning
A tract of land in Sec. 5 containing 53.6 ac - Beginning at the meander
on the East line of said Sec 5:
thence S 63°0' W 2316.0 ft;thence N 27°50'W 470.0 ft; thence N 19°0' E 860.0 ft;
thence N 71°O5'E 800.0 ft; thence N 63°08'E 750.0 ft; thence N 75°02'E 597,5 ft;
thence South 930.0 ft to the Point of Beginning
corner
Total 577.27 acres more or less
1� ▪ en r01111. Sim agdrmt/ms of r.4 1.01.Oshit a.m.aa 110 Paymtre W rental4 411. snit niers, aid la W ,4111., r.r:r u Mer.1.M1er4
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a 71e lore. Molt beim ter Mold 44 sen, Irw of ogee. ma. W W water feud se rail lead tor Its 454.4 454,0.. *opt 51141 tale {Y mat 1f
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mew . effin lab Lame 100.!0, Y le rens a Pro Yrs Yana idea .MW 154 1.1111 r 1.q 1001411. hist *..11514 4.e, W1o01 til 540 ren444.
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Ir 144414 Mlle ' 4 abs Mem, pemMe4.5 ae the Yard promisee 401* emir Irmo 117 4444. 4144 iter WW1 a41 wain,/, 10.01114 o7*•
. 4011.51 Ise W *a1 / emmeasd Mar W Yen wader re es Metal MpresidedpresidedLog
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motors 1. 54.54. tL.41if sltarot .44 parltoa fy. Our a7* ens10'au00 at IM primary Ism M ,Mia loser, pretreltlY 0. W 1Mr4 tm.11tlw Wil
an4r Iro4 my .u0.4►1510 I..0. ail lrsls.1.nrl
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mem.4 ele..4 Me�, �v .• 11 lamas darts. tit Mosegatem of sada 1P1c1411.e .1d. 11 4r
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ambo! 1,104 with }..,4ye lads, 10.00, r War la W* 1u14la4. a1anity 1M1.4f, ash pals* 40 he s1a goat awl 1*1114te* 414 .851101.. goo Irma e. mini
e ..0 nae 41 p•1l.d'.* .r lave belt 41.
et 1.1114 440 Is 0. u 410 1144 si man Pooling at Palunuoe: {{wre7a Marr, 0051 .*b rear 0007 mowed
rYeb nimbi.. 17 pen moa* Was len 41410 II soda moss. Is O.omlan, 0 order to Marone 40 O1m/11417 0114801 r Mato 1041 Maw Wali 5411411
1.1d .p4l.n, 05 s .0W dea1rd mit, by esae4t1al 411 reporting a5 tennase.at identifying the 1it1W area Any .al drilled or ...rause• amle4a4 on
01.7 Parc of emit 144 mit shall be ,00.141014 a won dallied r sporestaaa ..deoud motor th4 Mensa. eat Wee Rhin he 514005sd te Um portico at Me
▪ bene dnurlbd lana Iso11411 la any mesh man 10th p.aprNw of Wm ma1W pmdvass foga til wells an .4h unit ea Wolf tetanal. 11 W. y a1Mh
mask.o, mNal4d en en mange boa1a. Yrs to lit 5441 ammo M •1016 ma4, And M M .54.10400* and &paid Mat W 1144.0uen a 1Mm11M MMSI
Mr musider14 dr a7* gasper/, Minding gY pormant et 446.7 1f Iga to, M he 104 num prOd..11*e from 044 l=a r ar1
the atom 40d IBM 54
4.414 la endo Mitla Oa maw Mama 11 1441 W *m.
d.4 YW r atom4m1M4 Md .1.00. aerw* .t SIM1114.
13a, Lessor reserves the right to exclusive use 6f the shallow gas well in Section 3
11. This lame sad 111 11s lamas. .eadnlry sad N1Pa111r.aa 400111 salami s, mad M 4144M0 M each Of the pullet who esaa 11111 loaf*. r*114541 al
.111thn sum loop. M read more sad regardless 111 5104Mr It le 044414 by one Of IM ,4111 ponies Morin stand 1* WoesThis Male 417 Y Mond
la eWrprl
mtea4 gash Isw 00.4 sit se004,0 it *1
as t4.41. '
•
ill wrrMpS 11.00407. we alp 144 441 w roar Nita 154.1 wham.
Mn.e..:
LILA H. BOYLE
PNO0E4TT AEMINISTRATON
Tosco CORPORATION
SUITE 2900, STELLAR PLAZA
t009 EIGHTEENTH STREET
DENVER. COLORADO 50202
303/222.5212
November 5, 1985
CORPORATE OIIISEl
2401 COLORAPO AVENUE
•ANTA M6NICA. CALIIORNIA 0040•
2111/20, 4000
Barrett Energy Company
1125 Seventeenth Street, Suite 2100
Denver, Colorado 80202
Attention: Robert G. Jacobs, Manager of Land
Re: Grand Valley Prospect
Garfield County, Colorado
Gentlemen:
With reference to your recent request, Tosco Corporation
is agreeable in principle to granting Barrett Energy Company an
easement and right-of-way for construction and maintenance of a
natural gas pipeline and gathering system across the surface of
certain lands, situated in T.6S., R.95W., 6th P.M., Garfield
County, Colorado, in which Tosco owns an undivided 401 interest.
It is anticipated that terms and conditions such as as
consideration for easement, reclamation of disturbed areas and
protection of rights of surface tenants, among other provisions,
can be mutually agreed upon without undue delay.
Very t,rmy yours,
L 47.
Lila H. Boyle 1
LHB Ib
•
o. SI"' t D1L AND GAS LEAS
f1` AGREEMENT,. Made and entered into shit........ 1.0.t. . of _ DeCemb.er_—___..___.�..........._......, I911.4.....„....
dby and betwem;,.0 0•SCO CORPORATION, a Nevada corporation,
rm
Q `•.• 24d?�' Colorado Avenue
teat $—, Eanta Monica, California 4040bherrinafrer called ascent (whether one or more) and
._s BARRET:I_(;NER a ANY, a Colorado cos oration. � p itgp
ccUl Oot 405 urban. St�'r . x4te. 112r Lakewood, Colorado .8 titfafter called Iener.
,`Tn (10 or more ,DOLLARS
�9VITNESSi:Tfi, T.bu Iia'acid tensor, for and le coaaideration o[ . ........�._.._......___.____.. _...._.—.._—_.__.—. i tasb in hand paid, receipt of which is herebyr acknowledged end of the covenanu and agreement■ bereinsfter contained on the part of lessee to
Abe paid, kept and performed, baa_jranted�demieed, lensed, and let and by thesee presents does grant, demise, lease and lel unto the said leasee,
Qts suoeeuors and gulps for the sole and only purposes of surveying by geological, geophysical and all other methods, mining and operating
QC,ior oil and gas, and laying pipe liner, end building tank,, power stations and structure thereon to produce, save and take cart of said products,
. gll that certain tract of land, together with any reversionary rights therein, situate in the County of._._.Gaf; elf..._,. .....»_..
•I gta a or.. Colorado
in described s follows to wit•
A
I W
Lj a
'� I !, f9
BOOK 663 rioE95
O In consideration of the premises the said leasee covenants and agrees: 3/20
• 3/20 First. The issue shall deliver to the credit of lessor as royalty, free of cost in the pipe Zine to which lessee may conn t ts wells, the equal
ApareeerJ$k pan of all oil produced and saved from the leased premiss, or, at leasee'' option, may buy or sell such mux tb royalty and pay lessor
the market price for ol1 of like grade and gr ®revelling in the field on the day such oil is run into pipe lines or into storage tanks.
Second. To pay lessor ithetstinhattelaikkfil Ile proceeds received for gas sold from each well where yu only is Lound. or the market value at
the well of suck gas need off the premiaa. 3 20
EC Third. To pay lesser > Uahtj%X of the market value at the well for gas produced from any oil well and used off the premises, or for
the manufacture of cuing -head gasolir:e or dry commercial gas.
1f no well be commenced co said land on or before the 1st day of _December 19!_._... this lace shall terminate
as to both parties+
See Exhibit A attached hereto
and containing .5.1 r 40 scree, more or less. It it agreed that this lest shall remain in force for a term of one (1)
yearx from due, and as long thereafter as oil or gas, or saber of them, is produced from said land by the lessee, its successors and minas.
Bank at
or its suacesaor er succeeders, or any bank with which it may be merged, or consolidated, or whicb suecee• uuuess or assets or any pan
thereof, by purchase or otherwise, which shall continue as the depository regardless of then c ownership of the said land, the aum of
which shall operate as a metal and cover the privilege of del
and upon like payments or tenders the commenceme
And it is understood and agreed that the
said first rental is pa this so
may be paid by
thereof
COLLARS,
mmencement of a well for twelve months from said date. In like manner
may be further deferred for like periods of the ume number of months succ aeively.
on first recited herein, the down mama, corers not only the privileges granted to the date when
also the lessee's option of extending that perod s aforesaid, and any and all other rights =alerted. Rentals
t and may be remitted by mail. Mailing of rental on or before the rental•paying date shall be deemed a timely tender
s
preclude termination of this lea. Notwithatandis the death of the lessor or his sueoaar in interest, the payment or tender of
of the primary ter
Should any well drilled on the land above described be a dry hole or cease to produce and there are no o •er prod lag well or wells an the
land or drilling o .done are not being conducted thereon. than and in that event if a well is not commenced before �xiblifAtiseTstgx
]darcyetcex ars f[1[btattC7fS�if]C g[irtml]gitiC7lail�eklgRY this lease ,ball terminate as to both perdue
hole or cessation of production, Atli resume the payment of ren in the same amount and in the same manner as herein •_ . • and It r.
agreed upon resumption of the payment of rental', es .bon provided, the last preceding puagrsph herev r. o payment of rentals and the
effect thereof, shall continue in force as though there fed been no interruption In the r. . . a dry bole should he drilled or if production
ceases at soy time subsequent to ninety 1901 dsya prior to the he n • year a •e primary term, no rental payment or operations are
oeoeseary in order to keep the lease in force Buri o e primary term. 1f, after the expired= of the primary term hereof, production
,ball cease from any cause, terminate if lessee resumes operations for the drilling of a well or restoration of production wtthio
ninety 4901 a. cessation, and skis lease dull remain in force and effect dining the prosecution of each operations and. If production
I
other lands with which said lands are pooled or unitized, which is capable of producing in paying quantities, but which fa ahs • ore or
after production therefrom, and the production therefrom is not being sold or used, leases agrees to pay or tender to • : • • s owners in the depoai•
tory bank named in the leas, u royalty, a mum equal to the amount of delay rentals payable under this 1 . • yments shall he made oa or before
the shut-in royalty payment date, as herein defined, next sectumg alto the expiration of nin • ye from the date the well was shut-in, unless. prior
to Guth date gas from the well is produced and sold oro . In like manner, o • • each succeeding shut-in royalty payment date while inch gas
well remains ahut•in, lessee 'ball make payment of shut-in gar to •• . same amount and manger. A shut-in gar well capable of producing in paying
quantities shall be considered under all provision • . as a producing well and this leas shall be in force and effect in like manner as though
the gas therefrom were actually bein • • .-. rr 'old or used. The term "gas wall" abol1 Include wells capable of producing natural gam, condensate,
distillate, of any .. • - • . and wells classified as gas wells by any governmental authority. The term "shut-in royalty payment date" shill
mean an .g date of this leas i1 within the primary term, or any subsequent anniversary thereof, if after the primary tern, or any anis'.
If said lessor owns a lea interest in the above described land than the entire and undivided fee aimpiesetate therein, then the royalties and rentals
herein provided 'bail be paid the lessor only in the .proportion which his interest luau to the whole and undivided lea ,
Lessee shall have the right to use, free of core, gas, oil and water produced on said land for its operations thereon, erupt water tram wells
and reservoirs of lessor. L hall have the right at any time to remove all machinery and fixtures placed on told premises, including the right
to draw and remove toeing.
Lessee shall pay for damages caused by its operations on said lands. When requested by the lessor, lessee shill bury his pipe lines below plow
depth. No well shall be drilled than 200 feet ro the house or barn now on said premier., without the written consent of the lessor.
or leases in the vicinity thereof at any time an from time to lime, whether before or alter production, when in ssee's judgment it r . or ad.
viaable to de so for the prevention of waete and the conservation and greatest ultimate recovery of ell or gas. Such . • • ling g' , 0 a unit or unite not
exceeding in area rho acreage prescribed or required in any Federal or State law, order, rule or regulation for !. • or operation of one well, or for
obtaining the maximum allowable production from one well, or 10 acres each for the production • . 1 acres each for the production of gee,
whichever is the larger, plus a tolerance over the maximum area of 10 acres for the • • - • • o oil or 640 acres for the production of gait to include
additional acreage in any irregular governmental subdivision or lot or • • ,reef. Such pooling ,haU be effected by Lessee's executing and filing
in the office where this .ease A recorded an instrument i• • a• describing the pooled acreage. The production of pooled substances and de.
velopment and operation on any portion of a • , iodu Mg the commencement, drilling, completion and operation of a well thereon. shall
be considered and construed, and . t some effect, except for the payment of royalty, at produellon, development end operetloa on the leased
premises under the t .• ens. The royalties herein provided shall accrue and be paid to Lessor on pooled substances produced from any Unit in
the .ro,...' ' on in the proportion, that Leuors acreage interest in the land covered hereby and pieced in Inc unit bean to the told acreage in
If the estate of either parry hereto l aulgned, end the privilege of Resigning in whole or in put is expressly allowed, the covenants hereof shall
extend to their heirs. executors, administrators, successors or student, but nn change in Ile ownership of the lend or sesfgnment of rentals or royalties
shall be binding on the leasee until after the leasee has been furnished with a written transfer or assignment nr a cerlihed copy thereof; and it is hereby
IRrced in the event dila knee shall be esaigned as to a part of parts of the above described lands and the assignee or assignees of such part or parte shall
fail or mike default in the payment of the proportionate part of the rents due from him or them, each default shall net operate to defeat nr effect this
Iran in so far is I rovers a part or parts of aid lands which the sold lessee or any soignee thereof shall make due payment of geld rentals. An anitrn•
mens of this haat, in whole or in part, shall sea to the extent of suck uelgnment relieve and dIseherne the leasee of all n lleattnn• hereunder.
111110 PAITINRI�� ~
itis [lulu l eljt
Live lien .,y with any n w er ne .elect .sabre. sat � Ted by ao Federal or Mate Hgls1ltre amoonty, or with
orders, is 1►, 4wios. ;idea, rem .nage mane ,r sdavaral .cute., Mute or e' offices, board', oommiwione or eornmitlee,
purporuog to be made under authority�of any web bill or statute, libel] not constitute.. violation of ■ Ibe terms of this leow of be considered a
breach of ant dame. obligation, covenant. uadertaluog, condition or stipulation contained -herein, nor 'halt .. be or constitute a cruse for the termination,
forfeiture, reversion or terming of an estate or interest herein and hereby created and set out, nor shall any such compliance coni:: any right of entry
or become the basis of gay action for any
or suit for the forfeiture or cancellation hereof t end while any such purport to be in force and effect they
shall, when complied *ilk by honor assigns, to the extent 0f such oompllaooe *perste se modifications of the terms and condition of this lease wiser'
1nconaisteel therewith.
Leanne shalt have the right to drill to completion with reasonable diligence and dispatch 11) any wall commenced within the term of this lease
and (2) any well commenced before the completion of a well which bas been commenced within such term. If oil and gas or either of them be found In
hMing quantities it ani -such well, this leads .ball condone and be in toe with like effect as 11 such well had beau oompkted within the tum of yesra
erein mfirst mendoaod,
Leuec may at any' time surrender dila lease, In whole or In pen, by delivering or mailing a release to the lesser, or by placing a release of
record in the proper county.
Lessor hereby releases and relinquishes any right e{ bomeetud, dower on carte.y they or either of them may hate in or to the levied land.
Leaser hereby epees that the lessee shall hare the right et d time
w10
redeem for lessor, by pewit, any mortgage, taxes or other Sans on the above deathbed lends in the event of default of payment by feasor, an
rotated to the iglu of the holder thereof.
This lease red all its terms, conditions and stipulations binds eaeb executing lessor and shall extend to and be binding on his amp's heirs and
devisees and sacoerua, and those of the Lssse, tboggh assigned by other lessors named herein.
See additiona provisions on Addundum attached hereto.
IN the day and year first above written.
BARRET
(SEAL) TOS CORP ON (SEAL)
By: (SEAL) $3r •:�.. (SEAL)
(SEAL) V (SEAL)
ICI Rd.cr
(SEAL) (SEAL)
STATE OF California - `_. ilri.ona,'Celeea /doho, Kansas, -Moistens -
Nehea'ia, Nevada New M.rdee, Neeeh Dakota,
COUNTY OF Los Angeles I SS. South DakotaUtak. Wyoming
ACICNOWLEZIGMEIT — IMIYIDUAlt
sRE NZ, aha raderiped, aNyotery Public, In and for maid Co ty andStop, en, thin_____....._......... _Z9 ....._. ... day of
d
1 =r A enMe. , 19 A 7 per'aoo»y eppearod— ,,,,i a. m P S D L. b7t'1 ex. 1 P1 _'__.. _..
. to me know a be, the identical persoen ,
g the
and acknowledged to me that _. i)i _----• _-- - - _
purpoees therein wet forth.
7
an
last abam_wrine&
Notary PahUc
STATE OT „.. no, Colorado, Idaho, I(anaaas Iifiontana
8S. Iiouew Utah, WyNorth Dakota,
COUNTY OF ACSNOWLEDGiikNT—INDIVIDUAL
BEFORE 5E, the nederdpted, a Notary Public, in and for said County and Stage, ea this__ day of
19 , penoaally appeared..._
and —, to me known to be the identical parson- -_
deathbed in and who executed the within and foregoing instrument of writing and ae]rao,rkdpd tow this--
executed
hawexecuted the sumo —.—bee and rslestay act and dualfar the ties and pirpoeea therein set feral
1N WITNESS IIHEREOT,1 have ioreanto set my hand and Axed my notarial seal the day and year Jaet ■her* written.
My Colombian Cspitse--
STATE OF
COUNTY OF
On dila/ -__day of
d The petaottelb know. wise, being by ate dub sworn, did my tint he is .1/ . .. .....
Praddent of _l/ ' /_1 . , and that the seal affixed to the foregoing
i. tip was signed and sealed in behalf el said corporation by authority of is Board e.1
t
set 4f' ! • . r, r
�e'!!c0 oral the day and year last above written.
M7 Call#FORT
Li 8
I
i
1
Notary Pab11e
"KN°'WLEDDGMNew eNT U
ACttNOW1
ACKNOWLEDGMENT CORPORATION/�( /�� 7�
19x2 before ane appeared ...�L1x.�
5
2
CL/12. r! .acknowledged mid instrument to be the fres
K
ADDENDUM
To Oil and Gas Lease dated
Page 1 of 2
.000x 663 PAGE958
December 1 , '1984
between TOSCO CORPORATION and BARRETT ENERGY COMPANY./
The following provisions are added to said lease:
If at any time, either before or after the expiration
of the primary term of this lease, there is located on the
leased premises a well capable of producing gas in paying
quantities and such well is shut-in for lack of a suitable mar-
ket or any other reason, this lease nevertheless shall continue
in force as if said well were producing in paying quantities for
a period to exceed not more than six (6) months at any one con-
tinuous period, and if any such well or wells are shut-in for
any such period or periods of time, and if the lease is not
otherwise held or maintained in force and effect, lessee shall
pay to lessor as royalty a sum equal to a rate of Six Hundred
Dollars ($600.00) per well per year and which sum shall be pro-
portionately reduced to accord with the period or periods of
shut-in time and shall be payable monthly by check or draft of
lessee mailed or delivered to lessor.
Lessee shall, prior to selling any natural gas pro-
duced from the leased premises which is not contractually com-
mitted prior to drilling the well, offer to sell to lessor such
natural gas on the same terms and conditions as offered to
lessee by any other purchaser in a bona fide written offer. If
the lessor declines the lessee's offer, or fails to respond
within fifteen (15) days after lessor's receipt of such offer,
lessee may sell the natural gas to such purchaser. If there is
no bona fide written offer for available natural gas, lessor may
purchase such gas from lessee on terms and conditions agreed to
by the parties; however, lessor shall not be obligated to pur-
chase from lessee any natural gas except that which lessor
agrees to purchase pursuant to a written agreement under this
paragraph.
Lessee shall pay all taxes on its personal property
and improvements and on all oil stored on the leased premises on
or before the day when due, and seventeen -twentieths (17/20) of
the increase of taxes on such portion of the leased premises as
remains covered by this lease on said day, when such increase is
caused by the discovery of oil and gas thereon, whether assessed
upon said land as increased valuation or as mineral rights as
specifically pertaining to oil and gas as it occurs in the
liquid or gaseous state or otherwise, and whether assessed
against lessee or lessor; and the lessor hereby agrees to repay
the remaining portion of such increased assessment.
Lessee shall carry on all operations in a careful,
workmanlike manner, and in accordance with the laws of the State
of Colorado and the United States. Lessee shall keep full
records of the operations and production and sales or shipments
of products from said property, and such records and the opera-
tions on the property shall be at all reasonable times open to
the inspection of the lessor. Whenever requested by the lessor
in writing, the lessee shall furnish to the lessor a copy of the
logs of any well drilled on said property which shall be held
confidential.
Lessee will be liable for, and agrees to indemnify
lessor for, any death or injury resulting from the escape of
natural gas, water, or any other substance resulting from
lessee's activities hereunder, except if such damage, death or
injury is due to lessor's sole negligence.
Page 2 of 2
BOOK 663 PM E959
Lessor hereby reserves the right to sell, lease, or
dispose of its interest in the surface of the leased premises,
insofar as said surface is not necessary for the use of the
lessee in the extraction and removal of the oil and gas therein,
or to dispose of its interest in any resource in such lands
which will not unreasonably interfere with operations under this
lease.
Portions of the surface of the leased premises are
subject to existing leases for livestock grazing and for indust-
rial purposes in connection with the development and operation
of federal oil shale lease tract C -a. Lessee shall conduct its
activities hereunder in recognition of, and in coordination
with, the rights of the grazing and industrial lessees.
Lessor shall have the right to take over any dry hole
capable of producing water upon payment to lessee of the salvage
value of physical equipment in the hole.
1
EXHIBIT A
Eft# / 1 of 1
BOOK 663 PaGE960
To Oil and Gas Lease dated December 1 , 1984
between Tosco Corporation, Lessor, and Barrett Energy
Company, Lessee.
The following described property in Garfield County, Colo-
rado is subject to said lease:
Township 6 South, Range 95 West (including one parcel in T7S,
R95W as specifically noted below)
Section 34: (And Section 3, T7S, R95W):
That part of El5SWk Section 34, and that part of
4r407-11,,Section 3, T7S, R95W, lying southerly
acid 6stoofrd,.,l ine described by metes and
bouria4a ,ViHFINU
Section 34: S td; ,41 ep .SW.NEk; NESE.; Lot 1 and 2;
Section 35: SW ,.-0E4Mq}a;: klrNEk, SEkNW:, that part of
the NWkSW► and Lot 1, 3, 4 and 8 lying northerly
of railroad right-of-way; and Lots 4 and 8 and
NWkSWk except that parcel in Lot 4 described by
metes and bounds;
Section 36: That part of Lot 3 lying north of railroad
right-of-way;
Section 26: SEkSEk;
Section 25: That part of StASWk lying north of railroad
right-of-way.
Form 3106-14
(September 1982)
UNITED STATES.
DEPARTMENT OF THE INTERIOR L,,,e
BUREAU OF LAND MANAGEMENT ('-
TRANSFER, ASSIGNMENT, OR SUBLEASE
OF OPERATING RIGHTS 1N OIL AND GAS LEASE
"6-0519181
FORM APPROVED
OMB NO, 1004-0034
Expires: August 31, 1985
Lease Serial No.
C-24603
Lease effective date
December I, 1976
PART I
1. Assignee's Name
SEE ATTACHMENT 1'A"
Address (rnc(ude zip code)
The undersigned, as owner of 100 percent of operating rights in the above.deaignated oil and gas lease, hereby transfers, assigns,
and/or subleases to the assignee shown above, the operating rights in such lease as specified below.
2. Describe the lands affected by this transfer, assignment, and/or sublease (43 CFR 3101,2-3 or 3101.1-4)
INSOFAR as lease covers the South Half (S/2) of Section Three (3),
Township Seven (7) South, Range Ninety-six (96) West, Garfield
County, Colorado, down to and including, but not below, the base
of the Mesaverde Formation,
3. Specify interest or percent of operating rights being conveyed to assignee
1007
4. Specify interest or percent of operating rights being retained by assignor
—0-
5. Specify overriding royalty interest being reserved by assignor
47,
6. Specify overriding royalty previously reserved or conveyed, if any
57
7. if any payments out of production have previously been created out of this interest, or if any such payments are being reserved under this
transfer, assignment, or sublease, attach statement giving full details as to amount, method of payment, and other pertinent terms as
provided under 43 CFR 3106.
It is agreed that the obligation to pay any overriding royalties or payments out of production of oil created herein, which, when added to
overriding royalties or payments out of production previously created and to the royalty payable to the United States, aggregate in excess of
17 1/2 percent, shall be suspended when the average production of oil per well per day averaged on the monthly basis is 15 barrels or less.
I CERTIFY That the statements made herein are true, complete, and correctly the best of my knowledge and belief and are made in good faith.
ecuted this 6th day of September . 19 85,
Eective February 21, 1985: CITIES SERVICE OIL AND GAS CORPORATION
10 Dry
berfStAssignor's signature) At Corney -in -Fact
P. 0. Box 300
(Assignor's Address)
*See Attachment "A" for additional
provisions and acknowledgment. Tulsa, Oklahoma 741Q2
(City) (State)
(Zip Code)
Title 18 U.S.C., Section 1001, makes it a crime for arty person knowingly and willfully to make to any department or agency of the United
States any false, fictitious, fraudulent statements or representations as to any matter within its jurisdiction.
THE UNITED STATES OF AMERICA
Assignment approved effective By
(Authorized Officer)
(Title)
• (Date)
NU'TT': This /orm may he reproduced provided that copies are exact rrproductrons on one sheet o/ both tides of this official farm n accord-
ance u,vrh provrsrans of 43 CFR 1106.
PART II
ASSIGNEE'S APPLICATION FOR APPROVAL OF TRANSFER
OF OPERATING RIGHTS AND/OR OPERATING AGREEMENT (SUBLEASE)
A. ASSIGNEE CERTIFIES THAT the assignee and all other parties in interest (as defined in 43 CFR 3100.0-5(b)) in this as
signment are:
1. Citizens of the United States or qualified alien stockholders in a domestic corporation; association of the United States
or any State or Territory thereof; or municipalities.
2. Of the age of majority in the State where the lands to be assigned are located.
3. In compliance with the acreage limitation set forth in 43 CFR 3101.1-5 and 3101.2-4.
B. ASSIGNEE AGREES That, upon approval of this transfer of operating rights and/or operating agreement (sublease) by th
authorized officer of the Bureau of Land Management, he will be bound by the terms and conditions of the lease describe
herein as to the interests covered by this assignment, including, but not limited to, the obligation to conduct all operation
on the leasehold in accordance with the terms and conditions of the lease, to condition all wells for proper abandonment,t
restore the leased lands upon completion of any drilling operations as prescribed in the lease, and to furnish and maintai
such bond as may be required by the lessor pursuant to the regulations (43 CFR 3104.2).
C. IT Is HEREBY CERTIFIED That the statements made herein are true, complete, and correct to the best of undersigned'
knowledge and belief and are made in good faith.
Executed this
day of , 19
(Assignee's Signature)
(Assignee's Address)
(City)
(State) (Zip Code)
Title 18 U.S.C., Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the Unilet
States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction.
LN 5TRUCTIO ES
1. USE OF FORM - Use only for assignment of operating rights
(includrng working interests) in oil and gas leases. If transfer
of operating rights is accompanied by an operating agreement,
a single copy of such agreement must be submitted with the
assignment. If more than one transfer of operating rights is
made out of a lease, a separate instrument of transfer is
required for each assignment. A separate instrument of assign-
ment shall be used for each levee out of which en assignment
is made.
FILING ANO NUMBER OF COPIES - File three (3) completed
and manually signed copies in the appropriate BLM office-
525.00nonrefundable filing fee mast accompany this assignmen
File assignment within ninety (90) days after date of finr
execution.
3. EFFECTIVE DATE OF ASSIGNMENT — The assignment,
approved, takes effect on the first day of the month followin
the date of filing of all required papers. If en operator's bon
is required, it must be furnished prior to approval of 1h
assignment.
NOTICE
The Privacy Act of 1974 and the regulation in 43 CFR 2,48(d)
provide that you be furnished the following information in
connection with information required by this assigtunent and
request for approval.
AUTHORITY: 30 U.S.C. et. seq.
PRINCIPAL PURPOSE -- The information is to be used to
process the assignment and request for approval.
ROUTINE USES:
(1) The adjudication of the assignee's rights to the land or
resources.
(2) Documentation for public information in aupport of nota-
tions made on land status records for the management,
disposal, and use of public lands and resources.
(3) Transfer to appropriate Federal agencles when concur-
rence is required prior to granting a right in public
lands or resources.
(4)(5) Information from the record and/or the record will be
transferred to appropriate Federal, State, local or
foreign agencies. when relevant to civil, criminal or
regulatory investigations or prosecutions.
EFFECT OF NOT PROVIDING INFORMATION - If all the in-
formation is not provided, the assignment may be rejected.
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires us to inform you that:
This information is tieing collected pursuant to the law (43 CFR 3106-3(c)).
This information will be used to create a record of lease assignment.
Response to this request is required to obtain a benefit.
000 alb -t
ATTACHMENT "A"
Barrett Energy Company
405 Urban Street, Suite 112
Lakewood, Colorado 80228
Alarado Resources, Limited
Yates Drilling Company
ABO Petroleum Corporation
Martin Yates, III
Zenith Drilling Corporation
TCPL Resources U.S.A.,Ltd.
Allen Enterprises Partnership
12.50000%
24.2548%
6.6667%
6.6667%
6.6666%
10.4327%
25.0000%
7.8125%
This assignment is made subject to the terms and conditions of the
agreement dated March 8,1985 between Cities Service Oil and Gas Corporation,
Barrett Energy Company and Barrett Resources Corporation wherein Cities Service
retains the right to convert its overriding royalty to a working interest. The
agreement is voluminous and a copy of same will be furnished upon request.
STATE OF OKLAHOMA )
) SS
COUNTY OF TULSA )
The foregoing instrument was acknowledged before me this 9.-296 day
of September, 1985 by Bryan B. Roberts , as Attorney -in -
Fact for CITIES SERVICE OIL AND GAS CORPORATION.
My Commission expires:
February 22, 1987
F1 rence I. Moore Notary Public
LEASE TERMS
SK, 2. 0.i'(,,,. -10p 1010 ;1 glen 110:41 knit. Ino 1, ai:•41.1'' recordw
of an 6curle:e ` `
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lc'ntry, 106
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tr 1!•r 1000, uncle' Ihil 1,11, (3t r0 mlin1111 . r bend ryrni6114 ie 111 8./1430 D"en".r 01111. ] a1di
, 1S. Ill:, 1I s condition ler I0. I o1 10111 Iws. (35 --153 311,4 ill rno+11. dilii.lDt dlilling Ind
10 Iu,ni;0 , band I3 r tum deubl• 1341 mount 01 41 per eon 11' -NI
111. 0.111 herein r,o, 3,6 10, 301!34 *l000I to 110.14
,vol lender but rel Int 105 ((.500 Det men 1316 310.060. ap•n:yn, kmportri:p a innnl b, 139 Inlet: to err/ on .31
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1-4.,1,11J:1,11
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n
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'n 1uh ..r1. month I., 10 1,1.0164 11,. .1 ,eyd0y Ihrau r1.
4.310.. in 141 .40l,,1 dtlermind leo SOW Director,: 171 .3 the
114.1141 or 110 1 , le 0111 .nd pradut. •1401 .0111 in con.
I9rml* .913 .0r Ipe,1, 0f ..I( *Wind 4, seduction Minnie.*
•1)111,•[ to. fired e, Ino In .high I4• I,sd hood, .70 aiNelw4,
.sigh i1 w!h'i,d end ,n01ioned by 14pllt•bl. I.. of by The
3111.04107 of the 111.1150: Ind (3) promptly .fon duo notice M
• ,ilio( Id 6,111 end .redo[[ lush .19*' .toll 44 Ihr 04,1.7,13 11
Ih. In101i4r moo ,wan obi, 011631 10 41401 Ihn 14. Wood
41•miln may be er19,111 end 110.14 demon.' .0d reduced in
e
Orelent..ilh toad .welting porno..
(/1 R,.,*It 404 1ly:rin.-011 10 pq ,.n1,I, end renllite
'I0vnU *1 d, *r 5810, al .4velien le/rayed ,eid from tn.
int l,,.! 1.34, el knewa:
4,0,11 -I. 0,1 11.1 Inver in .d on ann.! eentol .I
the !,10.:13 1, l,1-
(3 11 Ih1 l„1d, .r. wholly 1,0;6. The 015.1 twlellc 11,41.
3,1..1.1 oredueinf •.e 11 In 111141
(11 for each 1ae.0 yet • ,,1,t .111.96p,,.,,.
'r Ineli1n •I 14..,
al Il 19111141 111 .301,l !7 part!, 0ilkin the known lea.
logic tlru,lu.. al . pre0u.ing .4 et gm hdd:
fit 5,1in344.9111 Ihr heti 13'45 pe1,00'r .r i0 ry'
noun lh1T elf' pert a 11, 1.1,1i4 'Worded in
n
loth 1 firv<luend lo, etch ewe 10.010,
•,,r le 1 Qilcwtry of Oil or gal an 1h1 1,04,
hnd, 12 Dor MI 0 11,11140 el 1n a 1,r.
1114 II Thi, 1011. 1. 17400444 10 an 10proved code.
.r13i,. 1. 101 pion which Includes ..III 8*rIbI1
of ,19du1'1n( 01 er 7et end u0•i* 1 t,e0.1
11111'140 for .1140.Iion d. Produeli*n. 1110 ,enlrr
veretibed 111 Ih4 '11pteliro loose goon in 1.3.
p1,.rneh 1.) al Ih11 101117*, 111.11 Ipplp 10 111;
ocrarce nal .!thin a 31,l.cip11in1
ring fg o 11131, fIte I diko r7 on the lith the l 41 l
.11 Weed Ind,11paylh. o110.
re*,
n 1110111
a ell r1n411, 1 num 1a/an, of 21 Per etre e1 fraction
1111'11 11 the 411441101 CI 4111, 1.1,, te1, or 1111 610.1.31.
c•?',,' the 1.40001 mye!y 1164 during IM par (f Ire 13.3 31
pal We. ,.4 :h. *111(11404 minimum royl:y el 51 per 001.
510,144 1031 11 [hit 1011. i. 0(1411,4, 18, kink's. royally 1011
be 111 gran e*1r p' the 91,11.1 'ling ,c3 eq. .0d kat. 'hell b1
x,3101' 0' I3. n* •'liclp,hinr 1011141 •4 41011414 in avb?0u•
graph 16911;1 ,b vee
R 47.117 1,r ;•; J.n,nftmo
-(1) To 01, Iha I. 121pi/4Wperos
rop.ty on the p'a:u,l'ianr•m.;i ce 1114 nem 110 1111.1 bends
ompeied In on*4er..;11. lot Oil kid C.1 nprlet1l 0.4141.•
lona (30 CRA PI. 2211.
(7) ll it ne1,: 117 l greed 111.1 t1.. Seor,n7 of Iha 1..ler1,,
m1, r,hbli,h ranpnebl, minimump,
'ohm h( per. el tem.
',rung I4ely on 1,y Or .h oil. p1, nitu,d 0 1,1.14, Ind .lhl'
Ora4ucia ebl'n.d hoen ret, du. 0n,i4nn11en Wind dim, le N.
h'Ihnt .tie• geld 14, 1 91,1 or 1*, . 0115.110 p1 plduction of
Ili, 1,1,1117 4n ma 1101 fold, S0 Ihr pelt. mowed b7 10. I011,
111 hesld Wis.. In! le 0Th, 1103101 10111171 .34, 0h.3.,,r
135155;31., ,IL,, 750it0 ane 1000600;7 (9 be hoer,
(3) when p.id in ,fe•, .00/ ra1.(Lia eit Predu4(lan 110,11 b.
ewe and Ily.bl. manlhIp 91, 13, 1111 dq 01 11. 1.01.01 .10010
0400 11110.519 I3, 01.140 mantle 10 which p,011ood, Mtn
1114 in .N'unl of p,odutlieD, 11114 101.17 prp4,.ts 11,11 N 4.
hrlerd m 11.1141011 b1• .4,4114,0 on 101 4,'01,,1 rhu0 014,44
•iInoul Cap/ 1* Ip.or, 91111 00010 mood N by the Win
hoot", 11 earn limn 154 in tech tense provided by The feeds to
r.nombl7 m., be 113,41,4 by 10 1'00, but In no c.f1 111.11
!h. lc41, be rnuir.4 to bold such fell 091 or 11h i produtti
in rtorek 0001d 111 1,11 4.5 0f M. 17.16,1 month neat fol.
Iorl1,t 1*0 •1111113 menlh In which produced nor be *tonna*
Or h 1 Id lit 01. ler !h. Iwo 1( droleuthian al *piny oil or 0Nor
F1*lotl1 in elp'Ig* 10.40 men kir
thhh 0. Am no centre!,
1
(4) Rental. n 1 ; 3
Minimum
7allin m41 b.1.4 4.
, 1,10404
16 1114 tn4i* d1i11en 10torr• I,a•.h016 Of •Op po4len
11
11103 4q'.011d 1,r 10-117 .11110111 mgr ba educed 11 lit
$K•,1. on, of the 141;4, 11011 10,1, 1'r Iht 5*151*. 01 1nt4u1.
Ici1g f5. [,seal 01110.1. 3011317 of oil e1 411 Ind in 1*.
Int„etl 91 0dnp•,r11i71 df 011J,.t l,ttu,941, ie is 'KIk.q, in
hie 1,111 orient, 11 44 ,e in order 10 411mo1, drwloOm.nk,' b1.
1111. the 1811, uncal be s,cuktulle amend vnde the leant
bad 101;1,
l) Prrnr,cr.-UnIl., elherwi,. direl4 by Ih0 S40011e
of 11. 1,1,:.., t7 1,0. 10111, '0,117, o74130 *,,01011 To 104
11up1, la IM eider of
eh1 6ui1Am411 ,1 l uneoll.l(•n a •34;1,11'1 61
I*N. r1Iln61 11 ary *l4. 4'Imlh, brier 14 .hen ,10,1;3.0 IndIh'tO
18, .11.n! 4ermd n1l11e4 by Ihr Muer le 1.II •n, 111, 411000
.no Chu 1131, *mem 0r curt III 4,3.4,, 106 11 fir to
ruionlblp 4911161;, 3110', 11.. vino of 14. 11104 Ino Int
cook mer* la IOW 1elmIl 10,6,1140, 1111,11;11 V• e ,' •f
111010. 11 and If rocuir4. 14. Intel 1014 prnc..b• Th. dem
to be kik 104 r,(a111ieel 10 b* mod..115 respect l9 tap 11.441:
tends Ind lm1lenminh (303..0 .3.18,1 or nm Owned bp 10
4riltd 51.10, .fru4„iurr 414 .ipr,J 1 hru:,•Ir 14;40
x'311 Amatipn 1110011(.. H 0111.. /6(,11. el ulmrle . IVI,n
lit In1e0•I [ne:rdlnr but nerd I(mlld 10 billtrie er pechlllerl3
viol, fwellr a .l11Kb u• 445004 In I1.. p.rfnmmce, e1
1111, 1101, I1.. i1*0(1) Of condklnle3 .111 be hill Marti ere
04//1117 bought 10 Ihr 0111,8101 ef the C*ntf.4111,1 00,10 n,
his Who/read reprtponfillea.
(7) Oen••iJin,t r. s3(1n,-k•1 10 .0.111 •,,,,kilt 16111110
In nen; .l lire p.cnl 11*.01 1a 01h;wn. .ylher1,,4 b7 I1..
1urlil'.n1-
U1 Drrnv. i.
to 14. Info. In 4054 04,43,•91.5of(0ho-1en6•d111i1n,. :ul
is .II imprt4.m.Ihi which 111 040,11,7 fpr MI 714un01len rl
110. 3, The In,O, mI1IV'
1*i E.rrnrrh era rid41,•9Lu17-Th1 11101 to Permit In.
Idol 3r I,Ytrd 411 01101111 W I041,0Iwij. Including no.
0[130 In loath 9760, Ihle*Ih, w in lost Inde le.3,4, occuPrMl.
or vad 04 mry bl n,1l*arJ N Ipp1O7f11• IS the working or
0.. 01001 Or e1 nem lands containing 111/ d,plil, 6040090 in
Mt 111, 104 Ihr t.44Im.n1 en4 shipment of product' I0r9I by
or undo aulheny of (*0 Ceafnminl, 111 Inket of plm4tle,.
!0 de I1.. IKI7 1011 hire. !0, Hybl 1v /nllf on The row ane 11' 4'411 0.6114 OJIN111.
.,Ir •06 le ., em]Iith l+1, 41,7.* el loth 7,4.lt .t 1h. *110,0'1
rept, /'rerilree, 11111 Iha Ie11* shell n01 be held ,nenlible
lot dole., Or t+a11t. KOalia,ed by nuns World kik 1'1
"0351.
PI 7+se" 4111 v0.', !'.edam el 70rrbo(3.-To 0-17 then
doe ell loon )..1oIy ....... .nd I.ild 416,1 the len el 10.
Sul. Or 111, Unila4 51.11: Opo. I1P1be.mwle, (1, 1n4 1111
4,1.
0.4 19190.0Ih. lends h.l,untor, ON 91.0 114330, /rpp.Itp.
▪ ....to of Iha 11111,: to 1110534 .11 .p,bmn sn4 tmploy.,0
O'np101• Ireedem el pinch", e14 Ip 447 111 01411 40; *Orli
mon Ind .mpla4r, 11 tort 1.;41 11th month 19 10* Itw1ol
m Mein.ones el the Unil.d Mein.
111 tt.04 Opperr .1,7 ilio,,-Dur109 111. 74limm1nr/ of
Ihi. •'1111.1 l8, 1 1133• , 1,11073:
(1) E,*.l Oppo.mnrly .lees., _ 0we*4 t1.. pe•lrsanee
n! 1114 leek, the Inde. 10.9•
111 Tar 191.,. .iii not distrust... 4gr1n11 0,11
3041,4. or •ppl11,, f« emp;pymenl hoe•0.. of paer, eels%,
rel,eiern, ay., *4 011enl1 1.113• T3' 01111111. .111 Wt. of.
eirm•I9•• •ellon 19 • 1,e 16.1 epplreenl. .n employed,
.ne 10.1 .015lares. ore treated 4win. ,4]I*Ymeol, withaul
',nerd to 101...1.0, C I0,, 3''11;1',, • 41
n•Ilen•l er1n,
Such .e1100 .3.01 In,1u4,. bun not be li sled la the 1418,914:
employ., *l, ,.•''derv. demotion, of U.o•ferl recrulwest
o r 'r01et„e
nmcnl .d,nl•Inr; leper[ w eln.en; of
e on. or *thee form' of co.penl•Ilo,; .ed I*L'Olion fee U•M•
includinl •ppreni;eeahip. 11:3 1 ..... ere.. to pool
fee nonicuou. 7111.•, . 1191..1,:0 to amplettrl end ,pelic•nl.
mplormrnl, 151X0.4191 101 «a.1d•d by the coo...cling
o llleer ..tune forth the p,ovioient 011114, Equal 00.a/tonal.'
111 d3.op. * .,. Of awf.rr.-Thr rifhl le 1116e, 101, Or 011. -
✓ ia dipped el the ,641, N Ihr lend Ind. 11n40 Viking
Ire 11 I n hern1111 401614, In1010 1s 11!4 surlier, is nal
1110111171 hp l0. Ya. Of the 1 .11*, In 10. eduction end ltmawl
of t4. oil en4 rrl1 1herpin, Or la 41,,,,. 11 Iny 31511100 i0 ,,t1.
1.411 +11;'11 will not un01,es.bhy (*194.,. 11410 91,4.6.11 1141'
13.1 300..
1;) Ale,dp•ly 3rd Jeb ►.ire. ull poroulonions
ppr/wtr .,d 0.13,0117 a
14
.1 1111 produtlhnetT5, Maid hods te Mem Pelts Uno Insue. a
Unlined 51.3,.'nd to
1111 public 11 lPn.n•bi. prim, It MONO Ihr Inlrn,l, el 111
United 31,1,4, to 431101 m91105o15, 104 40 **guns' the FMK
✓ Hhlr.
Id1 H,ini, helium
11 3Knkn) ,f 1711 let 11 ImlH,
1111 111414., 10 helium ace the 1;11111 N11, h *, 1 11 01
ruin Mom rt! delen 43444,4 (0 50 This N01., . Stainer, loch
mon en4 .. 10 101 11 IAdI M 1. 4k. t1. 6r 114 ,104.1
the l dolls . )f r 1 par .1,1ts 11 hon the 11.114* 4 II* 1
1 0*, , 4, 0 d( 91 415 0711044 tl C4, loupe. l the 1111 I* Os
Iter, 7 ,1 1..1, 1 (41 .,0 4.b • d /11 I II tug paint uc iio
F.on
by 5.-01,111. or, 11 the ern tfond 11 IM lima 1. p....., n
b7 1 lea- n the 1,t 17111,0 reined 1 K to nl4 by Ihr 1.01., .0
any pier in 1l1) .4Item t51dili.d by (4, 1.m11, ler 1111ell0er
(h• Miura by x,10 m,.,, 11 14. 111hn mq 510,94,. The 10
140
18,11 b. e.1.n•d t. the loom, with 1,p tubllanhll c1.1.y 1, 14,
4,4:4.7 01 1A. gr efe45*4 Iran 119 .111 la Ihr now I1 cul
herr 141111, fon 007 I0. 0.1,, of 1111 !111140 ,,01,104, Ie<
Imo 14111 101 m1S., 1 diminution e1 Ihr ..111. el (hr gee re
1,101 Iron 101 wall, Of IOU .1410111, ;101110 f ng I•prnle
11,444 494.11 b7 Thr el htil10,n1 or wh. 6.1iwi 03 the 401 Ie
cl•Roe• 4'011 101 .nnhe n se helium, for *high h* it 000 0.044:.53,
(71 Thy 14..11 09:11 In •11 •elleltwlans or .40.10• gdmwnlll.d. T1, Intel 'norm Iha light 10 I1K1. 0'10;1
'e r rot employee. 01034 31' er an Soh•11 et the 14'17, and 0011111 Int' Ino ,II 10 3 41110 1 .6tia K•ta.11 10r ..lrorllon
•LIe eha e1, employe,.
ere+10.111 •loo real.. 4 1310 ,ll ion of h ieu. en Thy 1.4,4 prlmlan. Th, nom lur15,, Igen b,
4o' empteoment without record 1e .p4 , color, ,311416. mos,IM1t1Yd4 In .1,l .tanlfl:! 01 aal. Or tel tram Mr lards IublKl S"
c• ti n.! ori Ma Mom P....iora salting nein Ine( lb. Inlet vont, .d r.
4 y 1,1 1401 11.. fight le •Iliac) a1 herr ..1N1IN, 117 1,11,, In P. 411
11131 The ;4'.''µ111l: •en4 to 1311 later 1111, a fal4, Ind Shll Iha In,*1 mel 111; 18, 511 lion 1 4 *IM4 tnr:1:
0330'.
*.nl.li.. of 1e 4<„ , .wee h. hie • tellrrer*e 3noMoe, 0r nny '111.3 i, g l,,rin4 .poem end 0.1rt11 I1.. helium
int '11011 a`he• .reran "sweet c cedt,nneoe.11'' •nope.. return 13. tat to 10.1 corm 11rrlpl, without delay Whet then 113:
o br 5r*vuc^eq by the . :p < e e lfiee 1, •d. mond clos4 b1 the ettmotion 9r4eu- wee for the ,,bue of Iha harem
11.• lobar r make rs' eaenkikr e( the le.eer'1
vnd, Shi, CC*.: •dlV0nun4tY 011,1•., 1N 411.11' 141 owner 18,11 net Ionia Ing diminution el Iha value el Iha ger
]1.1 941 e,4 of the 1'111 a 3a:the: * p91eet •v.11.5 * !fpm wh(n3 h.1ivm h1, G•n 11111'704. ,1 04, *1. fere •,91,30
to rm p'.OYer1 end '441;0. nolo �l r<�'.:;1ar�t 1,l. Item 10111U1etion.1 Minn, deluding in, morns. arultel 191,1
;e1 The14013a 4034; *o.,rly ,4th all pnvi.ianl oh b7 1Lr f*,uirlmnl 111" 14.4"1o 1r 13. 400 50
LI 110,) Iha 10
9.103er. O,Lrr .Vo.11341 Or Sean aNl I• ,nem• 1001;11 o1 helium, far .Al1b he a net 0111pn.tlp eemp.ntalr!
rd, .1,e of the ruk4, rot.l.11on., 0J „ r..o, nude. el IM Il 11 I9010r 0;33.4 14,1 *by deb mooed rnl.d M trio 18,1o.
Seerek,p of [..bot, 1114' Ibis Ofnjnelt shall .1.0 ,y1, te In/ 1411 er 1,141,, .4
ISI The leo.,19;1 1�-:4h .11 YJwmetl6n .(1E reports131 Imo, Or 117 purehallr of the rights .1 (O1 In,l.
„51;14 br 6.10,,1* 0,1:3 !*p, 41416 ,1 '"1."""71. UI T.li07 al r17411i.,-All ,ifhls iynunl Ia 1,11110 3C
1965, 1. 1m.,.4ed, •rot by 11:1 3v1e., •e.Y1.1s9n1, •1,t .404.1 10. •el to 1111 00741110, 11 ;0',111 1r In 4819. 94 P0.duf lien
of Ihr So4'nl.'4 .I Labor. *r pvrsv.nt 11x.117. .m will pr,•113 Celina(.' -All uchts Amon! k 104144 40 .f 18, 911 1a
e4 his hoer., r 1: ,1
wet, .d 050 by 10e . 41!'11 a 111111. 17Q INN N 010 nlnbh well. qlh.
n.Ia,gr. n<y •,J the 5wpp,.«57!14
cl • 1. Diff Ong 4.6 pwlrrug rnrrireit0l.-II it 1410.
t 14.,ion no , •.e.,1, eex,Luise •9th 1,1'11 (vl,, rr [v- 78,1 t4* a to 0f 01np.t1104 Ind O.ra1p,1.1 144 IA. 1,/n1i1T 174
I.1 lona. ••,.d *oder.,` 3101 el productionuetlen Irani the 11111 woodby ;1111 Isms .0.11 6s
Iso M1,.e 11.'33•. "'"."1".". .00h lubjg1 le control In 1A6 public intern! by tea $1101101o1 !M
the Egc.4 005«1*nu yl clew, of tele cost(., a with .0r 1130303, .nd In ling eon*. of his 1,11101( 0113 3,14,111
1Iy my 1,11, inn GOn4I6..lion, 1,0011 /Thar things, fedanl ,e.,,
.. c•rc.i1,4. , .w! w uepe nerd 1,, wn5lao*3 ,p,1, 01.1• lens, Ind n,ut,tle,1 luud 1/101.0140, of 1..491 153,4`
end ehr c etc n , Owe 4t 100'6 Il•Igi9k fa 41wM, 'R•,1. •400n4 •p den igil*(Inr .1004,111;14 .r p*d, 11,1, O.
C•.•rrrt¢e,l n<annea. •m 1c, «=•1,e. 1eh rvl 44,01 .*13«. b*IA. After uniti11nln, l . (*11.05) 11 I0. Lnlulpr, e1
trod Im E.rcw,r. O'dre Se, 11146 e! 3eplem11.1 38 1962, 00rpt,• eemmlelu, O7 501. ar fd•,d .1tire ,pnt51114
mrmle4, •*d .uch ane r ..1,e lion. mer be ImP91 ed end 1410.11404 1* the 9644 4111. m•p 11111 * Roodm.' ire. lime h.
o•nodi'. Invoked •o ' Sided In 51.04101. Dude, Ne, 41446 ("•, 101 111 or pfeapesti4g Ino 4nil,rmin1 end 14/ 40ah1.en
f sten 05x1 74, 196;, a., .5. 0101, Or br rete, ret*beu0n, and 1t. of 5354,1,1.01 nom Uk In4, 41.1,44 b5 this 1.n.,
or 01de1 01 the 0051.3orr of !..,b41, of *1 011xrw.0 de,,taed 541. 5, Sw"r.00, 4.d 1.40104.:41 of Ie•., -•.T4. Ina1S
br 11.. my 0,,,,oeer IAI, 1,1, ter ng 111.1 wbdrvaon 00.'11 by Id.n4
1,1 The 1<re,0 19;1 include the wok. lona of p.m. In the nine Ind Once / within 1111b1VI0hm.nt, in 8,100..10.
rliet. (1) !mooch ((( In ,wor7 ool.c *nh1141 or 54403••, wdr' Welds shill 13. 11(16(110 11 01 the 4111.0 ill,, 1111/100 11 IM con
,111341
11
03„41.4 Lr 111,,, mi*41inna, e, *More e( L4 1145.4 Obligation 01 I1., 1111,. and 111 Iww.Iy 10 mho power . re
354.111,1 el L..bor I1.9,4 1 .,u•ht le 61,19., 704 of Late.- .11 1114046 0111!.014 negoltige 1.4 n 104000 all .11111114, Ilk'
• 9,4.. 0*. 11246 of Sepremb•' 71, 1964, .,5•04,4, n to '.11,40114,1 In 41,40109 for W10N0)pn be Ibndenmanl i0
5 that ouch pro...1001 sill be bonding upon a.eh.u6<en- u4.rdnn with the •pdiubli 1.e„ tome pod fa4uh11(arte,
meter a, vendor. The l'*,o. .111 00. .09h afghan with ±Ir„ 1. ?.,rias el n 1,1(111 tee•. •. fereekte.. rr
1.rlxet 10 .ay .ub.
clnv.n a p5014.1 514.1 e0 the eon. 173. -Upon 14,.413111,' el 11111n Winne.n
i/ (.Ne 15. 0111. e.
tt 440045 r dlncl • . N ofd,.*1n4 ouch tion 111.,1nw
0 ppnl te 14, 1.40 Mtu$i1l Hollow, This I,tl•r
p11.uormay.n
lon. includInp 1.111111,11 re, dJ
neneom,le.nee: h',u,.. 1611 hen I4* pining/ al soy lime wllhl% 1 poled If 90 dap
barye,..., Th.1 in the n1
ve the I Lee 4e.,.neelv.d 1h•ra11Nminoringl 11 minoring PAW 144 punning all 40•ehtn.y, ape..
• ihr,.l.n.14 ..1a rc
41•au
*n with . uLmon.clvr mot, leen, Ind minion other Ih4 114010 nn0.14140.1414lg 111
n •1,d or .0 • ,3.1111 of 0449 Jueetin by ,a 'entree gni 4141;11 .111,. Any. m•arlt1., .00h, ;oorlanes, m40bi.07.
,.15 erevt.1 the 9,11,4 51,10 to ♦,I,( nrYel,n,, .4d ppbhminl Wb1.41 te *move) 11 sham prerhd.4,
.111.111on Ihp IN.ee Ind" th.1) 440mt
14• /rep17 of t8, lessor 9. e.Dila4en or log 90'117 401,4 ar
nub 4.1.11;5, thorn/ 11 mfg be 13114 ber.ure e( sonars,
climatic endit100 1nre tgboul ••44 p314: Pr.tidr4, Th.t 101
411414 1011 111n01 1nr or 111 el ,och proprel who* et dor*kd
9y (110 Iwwr.
foe, 7, P1.n041411 in, rein of 1rL'1L-If IAa 11.,,, Or,
011 Amen wish .11 01 Iha 49,511(41" o1 Ih. 461 or Al *gu18
1.) Prprfierr re ,71,(13.1. r1 111,7 M *mien';& 7331 neon 1k,oupd., or el 110 100, a than wall 11(',11! In I4'
eel Of brad 4nce.
i,r,i.,i0e.-II tenet, 00011'0. 00 *.nu 030 m
71',1., obaene. 11 1ny 01 18, Meal rel (we.;:
or ....troll., intern, r1, .(r •;poli,. or .1 pay 5*T 4.,p 441[1 14.1 10 riym,nI .l annual 1.11.1 .1110 Multi in Ih1 .414m11ic
int the un . which 4013 0, 1174111,1 poresebl• t. I11 oil 01 l.min.hon .f the Immo), .1,1 .uch 10041 shall continue I,r
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,g1 Stn, rel:, r:
Unocal Energy Mining Divls
Unocal Corporation
2717 County Road 215, PO. Box 76
Parachute, Colorado 81635
Telephone (303) 285-7600
UNOCAL()
December 11, 1985
8ARRETI ENERGY GO,
J. Frank Keller
Barrett Resources Corporation
1125 Seventeenth Street, Suite 2100
Denver, CO 80202
Re:
Dear Frank:
Pipeline Easement
60X -AX -1280A
60X--PX-7696
Inclosed please find the pipeline easement grant to Barrett Energy
Company through Union lands. Please review and, if satisfactory,
have the document executed, acknowledged, and returned to me for
further execution. I will have the easement recorded and return the
original to you. Please note that Exhibit A refers to the metes and
bounds description of the easement through Union Property. This
description (and plat), to be prepared by Barrett, must be drafted
in a recordable format, signed and sealed by a Licensed Surveyor.
Don't hesitate to call if you have any question regarding this
matter.
Sincerely,
jos --
Gary 11. Morris
District L nd Manager
G RM
Enclosure
EASEMENT
SPATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that UNION OIL COMPANY OF
CALIFORNIA, a corporation, hereinafter referred to as Grantor, for
and in consideration of the sum of TEN DOLLARS AND OTHER
CONSIDERATION to the Grantor in hand paid by BARRETT ENERGY COMPANY,
a wholly-owned subsidiary of BARRETT RESOURCES CORPORATION, a
corporation, hereinafter referred to as Grantee, the receipt of
which is hereby acknowledged, does hereby grant, sell, and convey,
without warranty of title, either expressed or implied, unto said
Grantee, its successors and assigns, a non-exclusive easement ten
(10) feet in width and five (5) feet in depth (hereinafter called
"Easement") to locate, survey a route, construct, entrench, maintain
and operate a pipeline with necessary valves, cathodic equipment and
appurtenances thereto, (said pipelines, valves, cathodic equipment
and appurtenances, being hereinafter sometimes collectively called
the "Facilities") all for the sole purpose of transporting natural
gas produced by Grantee from wells located west of Grantor's lands,
including but not limited to wells located in Sections 3 and 10,
T7S, R96W, 6th P.M., Garfield County, Colorado, over, under and
through the land, along the line designated by survey heretofore
made or hereafter to be made by Grantee, hereinafter described on
Exhibit "A" attached hereto;
Grantor reserves the right to grant additional easements
which may overlap the Easement herein granted, provided that Grantor
shall not allow any facility or structure to be constructed within
the above said 10-foot non-exclusive Easement except as otherwise
provided herein. Grantor reserves the right to terminate portions
of this Easement and Facilities with six (6) months' prior written
notice to Grantee if Grantee's use interferes with Grantor's oil
shale mining, retorting or upgrading operations; provided however,
such right is conditioned on Grantor's providing suitable alternate
Easement to Grantee. Grantee shall remove and relocate the Easement
and Facilities at its sole cost and expense.
This Easement shall carry with it the right of ingress and
egress to and from, and access on and along said Easement with the
right to construct necessary roads, by such routes as shall cause
the least practicable damage and inconvenience and as designated by
Grantor for the purpose of constructing, inspecting, repairing and
maintaining the Facilities and the removal or replacement of same at
will, either in whole or part, and the replacement of said pipeline
with either like or different size pipe; provided however, Grantee
shall notify Grantor's Oil Shale Operations security forty-eight
(48) hours prior to each such access. During temporary periods,
Grantee may use fifty (50) feet of the property along and adjacent
to said Easement to the extent such use does not interfere with
2
structures existing at the time of such use, and as may
reasonably necessary in connection with construction, operation,
maintenance, repair, removal or replacement of the Facilities.
TO HAVE AND TO HOLD for a primary term extending through
December 31, 1986, and for so long thereafter as Grantee or its
successors and assigns are using Facilities for the transportation
of natural gas from Grantee's wells hereinabove described: If,
after this primary term, operations for the transportation of
natural gas cease for a period of more than twenty-four (24)
consecutive months, then Grantee shall be deemed to not be using
said Facilities and this Easement shall terminate. Grantee may, at
any time or from time to time, remove Facilities and upon permanent
abandonment or termination as provided hereinabove, shall execute
and record a reconveyance and release. Surviving any termination it
shall be the Grantee's obligation to restore and reclaim all land
included within the Easement affected by Grantee's activities
including, but not limited to, the removal of Facilities to the
extent required by applicable law or to its equivalent prior
condition whichever is greater.
Grantor reserves the right for itself, its assigns, and
subsequent grantees to the use and enjoyment of said Easement,
except for the purposes herein granted, provided such use shall not
unreasonably interfere with Grantee's rights hereunder, including
the right to have Grantor's, or its assigns' facilities cross
through the Easement in such a manner which shall not unreasonably
interfere with any of Grantee's then existing use of its Easement.
Grantor shall notify Grantee at least fifteen (15) days prior to
commencing or allowing construction of any such crossing which
Grantor, or a subsequent Grantee, proposes to install or construct
for the purpose of allowing Grantee to witness such crossing
construction.
Whether or not taxes, assessments or public charges are
separately assessed against Grantee, it shall pay taxes, assessments
or public charges levied or imposed upon its Easement or upon other
personal property, improvements or fixtures owned or placed by it
within the Easement subject to its right to contest same, provided
that in no event shall Grantee permit its Easement to be sold for
tax purposes. In the event said taxes, assessments or public
charges are not separately assessed, then promptly following written
notice from Grantor, Grantee shall reimburse Grantor for any taxes,
assessments or public charges attributable to its Easement.
Grantee shall keep its Easement free and clear of all liens
or encumbrances at all times, subject to its right to contest same.
Following any such construction, Grantee shall rehabilitate
the Easement across the property described herein to a condition
equivalent to that prior to construction, or to the extent required
by applicable law, whichever is the greatest.
4
Grantee shall have the non-exclusive right to mark the
location of its Easement by suitable markers set on the ground,
and shall have the right to use gates, which at all times will
be locked by Grantor or Grantee, in all fences which are now
located or hereafter to be located on Grantor's lands as may be
necessary or convenient for access to its Easement.
Grantee shall operate and maintain its Easement in a
safe, clean, lawful and workmanlike manner and in accordance
with accepted industry standards including, but not limited to,
the following:
a. Grantee shall bury any subsurface Facilities at
least to a depth of forty-eight (48) inches from
finished grade.
b. Grantee shall provide casing for any pipeline
within heavy load crossing access routes, as
reasonably designated by Grantor, from time to
time, or at Grantee's option, shall bury said
pipeline to a depth sufficient to accommodate heavy
load crossing routes.
c. Grantee shall install a reasonably adequate
cathodic protection system within this Easement.
Such system shall be coordinated with other
facility owners' cathodic protection systems for
similar facilities.
- 5
d. Grantee shall maintain current as-built drawings
for subsurface Facilities within the Easement.
Copies shall be furnished to Grantor, and filed
with the Garfield County Planner or other
applicable county authority.
e. Grantee shall provide Grantor with prompt notice by
telephone of any material obstructions discovered
during construction within the Easement which may
reasonably require Grantor's cooperative removal to
facilitate subsequent use of the easement. This
agreement does not create the obligation on the
part of Grantor to cooperatively remove
obstructions or to pay any of the costs thereof.
f. Grantee shall idemnify, defend and hold harmless
Grantor, its directors, officers, employees and
agents, from and against all loss, cost, damage,
expense or liability, which Grantor may incur or
suffer as a result of damage of property or injury
to or death of persons arising out of or resulting
from the exercise of Grantee's rights hereunder,
except to the extent that any such damage, injury
or death may be caused or contributed to by the
negligence of the indemnitee.
g. Prior to construction, maintenance, repair,. renewal
and/or reconstruction of Facilities located within,
under or through the right-of-way for the Denver and
Rio Grande Western Railroad Company ("Railroad
Company") industrial railroad spur located between
Grantor's shale oil upgrading plant and the
Railroad Company mainline siding, which industrial
railroad spur is owned by Grantor or Grantor and
Exxon Corporation, Grantee shall submit to the
Railroad Company plans setting out the method and
manner of handling the work, and shall not proceed
with the work until such plans shall have bee
approved by the Chief Engineer of the Railroad
Company and then only under the supervision of aid
Chief Engineer, or his authorized representative.
The above described industrial railroad spur and
Railroad Company mainline siding intersect at a
point S65'20'24"E a distance of 1,638.53 feet from
the northwest corner of Section 7, Township 7
South, Range 95 West, 6th PM (the above bearing
being based on the Union Oil Modified Coordinate
System which has a basis of bearings of N 38° 46'
25" West between U.S.C. and G. S. Stations Hurlburt
and Sage).
to the
notice
telex,
Notices under this Agreement may be made by one party
other in writing by properly addressing and placing such
postage paid in the United States mails, by telegram, by
or by delivery in person to the following addresses:
TO GRANTOR:
Union Oil Company of California
P. 0. Box 7600
Los Angeles, California 90051
Attn: Manager of Lands
Union Energy Mining Division
TO GRANTEE:
Barrett Energy Company
1125 17th Street Suite 2100
Denver, Colorado 80202
Attn: John F. Keller
Executive Vice President
or Union oil Company of California
1201 West Fifth Street
Los Angeles, California 90017
Attn: Manager of Lands
Union Energy Mining
Division
A notice given under any provision hereof shall be
deemed given only when received by the Party to whom such
notice is directed, except that any notice given by United
States registered or certified mail or by telegraph properly
addressed to the Party to whom given, with all postage and
charges prepaid, shall be deemed given to and received by the
Party to whom directed seventy-two (72) hours after such notice
is filed with an operating telegraph company for immediate
transmission by telegraph.
The address of each Party as set forth shall be deemed
its proper address until ten (10) days after each other Party's
receipt of notice of its new address. If a post office box is
given, the new address must, in addition, include a street
address.
This Easement shall be governed'by and construed in
accordance with the laws of the State of Colorado.
The covenants contained in this Easement shall survive
any assignment, surrender or termination of the Easement and
shall be covenants running with the Easement.
This Easement and rights hereunder shall not be
assigned by Grantee without the prior written approval of the
Grantor, which approval shall not be unreasonably withheld.
The failure of either party to insist on strict
performance of any of the Easements, covenants, terms and
conditions hereof shall not be deemed a waiver of any rights or
remedies that such party may have for any subsequent breach,
default or non-performance.
It is hereby agreed that this Easement shall be binding
upon the successors and assigns of both parties hereto.
WITNESS THE EXECUTION HEREOF THE day of
1985, A.D.
UNION OIL COMPANY OF CALIFORNIA
By
Its Attorney -In -Fact
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)88
)
BARRETT ENERGY COMPANY
By.
The foregoing instrument was acknowledged before me this
day of , 1985, by
as Attorney -in -Fact for and on behalf of
UNION OIL COMPANY OF CALIFORNIA, a California corporation.
Notary Public
My Commission Expires:
STATE OF COLORADO )
)ss
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1985, by
as for and on behalf of BARRETT
ENERGY COMPANY.
Notary Public
My Commission expiress
Permit No.
i3/45 7/4, --
Date
GARFIELD COUNTY
CONSTRUCTION PERMIT FOR INSTALLATION
OF UTILITIES IN PUBLIC
RIGHTS-OF-WAY
Permittee's Name: Barrett Energy Co.
Address:
221 E. 29th, Suite 136, Loveland, _Colo, 80537
Type of Installation:8 5/8" Natural Gas Pipeline
Location and description of work: NWNE Sec _27, T6$, R94W - just north of 1-70 across
Anvil Points Road
Estimated Construction Schedule; Start: Jan 2j 1986 compete: Feb 15, 1986
Request for permission to make the above-described installation at the location specified is here-
by granted, subject to the following terms, conditions and special provisions:
1. It is understood that the Permittee will cause the installation to be made at no expense what-
soever to Garfield County and that the Permittee will own and maintain the installation upon com-
pletion of the work.
2. The Permittee shall maintain the installation at all times and agrees to hold harmless the
County of Garfield and its rdpresentatives, agents and employees from any and all liability, loss
and damage which may arise out of or be connected with the installation, maintenance, alteration,
removal, or presence of the installation above described or any work or facility connected there-
with, within the area covered by this Permit.
3. The entire installatjon, repairs and clean-up shall be completed prior to: Feb 15, 1986
4. The traveling public shall be protected during the installation with proper warning signs or
signals both day and night, and warning signs and signals shall be installed by and at the expense
of the Permittee and in accordance with directions given by the Board of County Commissioners or
their representative. No open trench shall be permitted in the traveled roadway after dark, un-
less otherwise specified in the Special Provisions below.
5. If the Board of County Commissioners so requires, Permittee shall mark the installation at
designated locations in a manner acceptable to the Board of County Commissioners or their repre-
sentative.
6. In the event any changes are made to this highway in the future that would necessitate removal
for relocation of this installation, Permittee will do so promptly at its own expense upon written
request from the Board of County Commissioners. The County will not be responsible for any damage
that may result in the maintenance of the highway to installation placed inside Public Rights-of-
way limits.
7. Permittee will be required to shut off lines and remove all combustible materials from the
right-of-way when requested to do so by the Board of County Commissioners because of necessary
road construction or maintenance operations,
B. Where the installation crosses the roadway, it shall be incased in pipe of larger diameter and
the crossing shall be as nearly perpendicular to the roadway as physically possible. This instal—
lation shall be installed by the method of boring or jacking through beneath the road surface;
however, open cut shall be allowed up to the edge of the surfaced portion of the highway. No wa-
ter shall be used in the boring and no tunneling shall be permitted.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever pos-
sible it shall be pushed through and beneath in a pipe of larger diameter thereby eliminating the
necessity of trenching. In no case shall, the flow of water ever be impaired or interrupted.
10. The installation must be accomplished in accordance with accepted good practices and conform
to the recommendations of the National Electric Safety Code and to such Colorado statutes as are
applicable.
11. The above-described P T P E L IN E line shall be installed beneath the surface
of the right-of-way at a minimum depth of _4,821_inches, and the disturbed portion of the right-
of-way will be restored to its original condition, Any backfilling in the roadway shall be made in
six-inch lifts and mechanically tamped and packed, and the last twelve inches of backfill shall be
of stable granular material such as crushed rock or gravel.
12. Permittee shall be responsible for any repairs to roadway or right-of-way necessitated by the
installation.
Per tt 's installation shall be made at a location mutually agreed upon by Permittee and the
6Qar�j fo�gmissianers ar their representative, and in accordance with details and specifi-
ca ons shown o th construction plans, a copy of which shall be furnished to Garfield County.
14. Permittee shall inform the Board of County Commissioners of construction methods, equipment
and operational procedures that will be utilized and shall obtain the concurrence of the Board of
County Commissioners.
15. Permittee shall advise the Board of County Commissioners or their representative at least 48
hours in advance of the time at which work on the installation will commence.
16. Any materials from excavation as the result of the installation will be removed from the road-
way surface each day.
17. Under no condition is an asphalt surface to be cut unless otherwise specified in the Special
Provisions below.
18. Where reference is made herein to the representative of the Board of County Commissioners,
such representative shall be the District Road Supervisor, unless otherwise specified in writing by
the Board of County Commissioners.
SPECIAL PROVISIONS: Marimittem will he requjed to maintain the area Grein utility insta-
n
f
e
road shoulders baetlill
should be slightly mounded to allow for settlement, if it won't interupt drainage.
THE BOARD OF COUNTY COMMISSIONERS
OF GARF,I ELD COUNTY"
CDL RADA
4\
Cpntracts Adlnistratort.-Garfield
;musty
In accepting this Permit the undersigned, representing the Permittee, verifies that he has read
and understands all of the foregoing provisions; that he has authority to sign for and bind the Permit-
tee; and that by virtue of his signature the Permittee is bound by all the conditions set forth herein.
Permit Applicant: Rarrot-t- Fnorgy C'n_
By. J. Newt Burkhalter
Title: Agepi-
Permit No. ZRZ-
!)ate
V4.5
GARFIELD COUNTY
CONSTRUCTION PERMIT FOR INSTALLATION
OF UTILITIES IN PUBLIC
RIGHTS-OF-WAY
Permittee's Name: Barrett Energy CO.
221 E 29th, Suite 131 Loveland, Co 80537
Address:
Type of Installation:R 5/R" Natural Gas Pipeline
Location and description of work:
of Parachute
Estimated Construction Schedule: Start: Jan 1, 1986Compete: Feb 15-, 1986
Request for permission to make the above-described installation at the location specified is here-
by granted, subject to the following terms, conditions and special provisions:
1. It is understood that the Permittee will cause the installation to be made at no expense what-
soever to Garfield County and that the Permittee will own and maintain the installation upon com-
pletion of the work.
MERE Sec 2_, T7S, R96W - across Co. Rd 215 north
2. The Permittee shall maintain the installation at all times and agrees to hold harmless the
County of Garfield and its rdpresentatives, agents and employees from any and all liability, loss
and damage which may arise out of or be connected with the installation, maintenance, alteration,
removal, or presence of the installation above described or any work or facility connected there-
with, within the area covered by this Permit,
3. The entire installation, repairs and clean-up shall be completed prior to: Feb ) 5, 1ciR H
4. The traveling public shall be protected during the installation with proper warning signs or
signals both day and night, and warning signs and signals shall be installed by and at the expense
of the Permittee and in accordance with directions given by the Board of County Commissioners or
their representative. No open trench shall be permitted in the traveled roadway after dark, un-
less otherwise specified in the Special Provisions below.
5. If the Board of County Commissioners so requires, Permittee shall mark the installation at
designated locations in a manner acceptable to the Board of County Commissioners or their repre-
sentative.
6. In the event any changes are made to this highway in the future that would necessitate removal
for relocation of this installation, Permittee will do so promptly at its own expense upon written
request from the Board of County Commissioners. The County will not be responsible for any damage
that may result in the maintenance of the highway to installation placed inside Public Rights-of-
way limits
7. Permittee will be required to shut off lines and remove all combustible materials from the
right-of-way when requested to do so by the Board of County Commissioners because of necessary
road construction or maintenance operations.
8. Where the installation crosses the roadway, it shall be incased in pipe of larger diameter and
the crossing shall be as nearly perpendicular to the roadway as physically possible. This instal—
lation shall be installed by the method of boring or jacking through beneath the road surface;
however, open cut shall be allowed up to the edge of the surfaced portion of the highway. No wa-
ter shall be used in the boring and no tunneling shall be permitted.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever pos-
sible it shall be pushed through and beneath in a pipe of larger diameter thereby eliminating the
necessity of trenching. In no case shall the flow of water ever be impaired or interrupted.
10. The installation must be accomplished in accordance with accepted good practices and conform
to the recommendations of the National Electric Safety Code and to such Colorado statutes as are
applicable.
11. The above-described PIPELINE line shall be installed beneath the surface
of the right-of-way at a minimum depth of 48n_ inches, and the disturbed portion of the right-
of-way will be restored to its original condition. Any backfilling in the roadway shall be made in
six-inch lifts and mechanically tamped and packed, and the last twelve inches of backfill shall be
of stable granular material such as crushed rock or gravel,
12. Permittee shall be responsible for any repairs to roadway or right-of-way necessitated by the
installation.
i3. P r i tee' stallation shall be made at a location mutually agreed upon by Permittee and the
Boanth
ssfoners or their representative, and in accordance with details and specifi-
cation sh yn he construction plans, a copy of which shall be furnished to Garfield County.
14. Permittee shall inform the Board of County Commissioners of construction methods, equipment
and operational procedures that will be utilized and shall obtain the concurrence of the Board of
County Commissioners.
15. Permittee shall advise the Board of County Commissioners or their representative at least 46
hours in advance of the time at which work on the installation will commence.
16. Any materials from excavation as the result of the installation will be removed from the road-
way surface each day.
17. Under no condition is an asphalt surface to be cut unless otherwise specified in the Special
Provisions below.
18. Where reference is made herein to the representative of the Board of County Commissioners,
such representative shall be the District Road Supervisor. unless otherwise specified in writing by
the Board of County Commissioners.
SPECIAL PROVISIONS:
THE BOARD OF COU..Y COMMISSIONERS
OF GARFIELD/COUNTY
'r QOLORADO �
In accepting this Permit the undersigned, representing the Permittee, verifies that he has read
and understands all of the foregoing provisions; that he has authority to sign for and bind the Permit-
tee; and that by virtue of his signature the Permittee is bound by all the conditions set forth herein.
Permit Applicant• Barrett Energy CO.
By: _J, Newt Burkhalter
Title: zgarif
-------j4111111111.11111.111=111t .111.1.1111111.11110°
irecroucCell
IL AND GAS LEASE
062-02 7 7 (Paid-up Lease — No Delay Rentals) 1/4-40041 1.00
/tteD
/6
14410 AGAIRMENT, mad, and entered ,n,.llth March, 85.
EXXON -CORPORATION
of..
P 0. Box 2305, Houston TX 77252 hereinafter coded IOW (ehelher ehe a"a
BARRETT ENERGY CO., 405 Urban St., Ste 1%2 Lakewood, CO 80228
hertinafter coded 'eine.
- - - - e
W1TNESSETH. trot Wiser, for and in consrderatran af -Onand No/100 - - - ..'.... - - - ..-...'.-5151.LAIRS (I 1.00
escr,,,„ety sin.. 104 iiii... the um, eserernafter described for fa* Ch400se of proapecting, ouvlorirtg by geephysital and other methods. &Mr.:, minnia.
dernint, leases end nen
in hand pad, 5.00,414 Of ',Arch .1 harebY OCknowledged, and of the apfeethente af lessee hereinafter 141 froth, herrn:re °Molt.
operating for and producing oil Or gin, Or tath, rricludrna. but nal 01 a 11,..10004. cairnghead 001, tOnfoghtrod gentling, galinCondensette tonfillarei and
cony lubttance, wheels', similar er diuirnotor. produced 01 0 galeauS 11010, together with the right to construct and maintain pipe !inn, telephone and 1115
*1i0 lonel, tanks, power,. poortge. roodwoys, plants, iteureirinent. and structures thereon to produce, save and take Care of laid ail and gas. and the ext1.50.4
Fighr to three, 00, 004, er01er, brine and tither 11u.ds-from--onv laure• onto the 1ub4.01001 Moto and any and 011 0141,gt rights and prrvileget necetter, rn•
rodent to. of conventen1 fp, the *tonal...col operation o4 told lond, alone 0t tOnichtrIfy with neighbOring fend, ler 11411 preductal', Bayne and 1ek,n9 Ebro 01
oil 0140 401 and the innietion of air, 90., wette,. bone, and other fluid& into the tubsurface strata, Said lands being fieualed in MR Co.,'* 01
Garfield vol. of -Colorado pain* descrtbed es f011am, ID-tril
From.. the...surface. of the ground .to. the base. of the_ Wasatch Formation, in -the
following...described .lands •
Town.ship South -. Range 95 Nest, 6th P.../L
Section 32: SE/9
......... • . .... ..........
er. For 011 purposes of lhos lease, said lands 0011 br deemed to 1:60 , Q0
th. Other prilyon011. herein Canlained. 11,1 lune shall remcnn tn force 10, o term al •.. ... ye a7r.sf.r.Orn WI dale 1141•," called
-pruner, term") and as long the,taft•, 411 and 00s, OF tante of them. os prOduCtil trein 1.101 abov4. deseribecl land or 01,11.49 OPetanani 0,4 Ca,' oaa-n1.1
Prosecuted 01 foreman*, provided. 'tanning operoloOn5' inOudet for the dulling ot a new well, the rmraflong, Oefilien.flg Or pluegthe, MKS Of
o Of 1,01. or other optrOli.m, COnclucted in eitort to 0610',' or reostablisn production of cid or 901. and mining poen:01.0m 41,011 be reasrerms 10
be -Conlonuehisly DroseCvlerd- 10 flo, mote than 60 cloys 1h011 110014 benyten the COmaleloan Or aDandothrfient Of One .411 01 hole and efW COmmentoment
al Milt.," operations on another well or Wt. 11. al the expifOrion et the proMory term 01 this lease, oil or poi is not twine produced frOM the COIXOYe
descrooed land but lessee 0. then er:toped in drOlong cperonons this 1•015 .0011 (041141y0 1, 40,,. 40 iOng 01 or.lIo.g operations ore COntonuCololy OrOliecuted
and if 0100,11,00 Of ad or 901 results from Deny such drolrong operencons, inis 'tote shot1 tonronve co force so long of 04 01 pas thell be produced 11, alter
the rid:metre', el the Primer.. 11I1n 01 ihrt ieele oroductrcn 110.T. the Oboxe desrribed lond should C1014. 16.5 lean .1,014 nol tarmirnate r1 Inn. is then
Pho4eC01Ing Onar19 OPertilielni. or mthon 60 days coffer e0Ch 5uth lessen., el plOduCrian Commences Willing °Wantons. 4114 Ihri 10014 shell retrain 10,0e
46 01 luth oPeriiroans ore continuously prosecuted. ore ol ptocluctgcn lbettleorr., then as long thereafter as orl or gas rs produced 11001 asr
000,1 describe° land.
In cons•diralron of the premises lessee 0000n0411 and ogre.
1st. To aelner, fee, of coo, 10 lessoi ot the mells, or to the credit or !mot on the pooelone 10 rxhich the wells mos Ix conneCt•d, the Ravel oronrighter
pan Of 00 0.4 Ond 0100, 1,00.0 hr.:fro00/000l prOduCed ond 5oxed liarn the bated oter.ses 0i, Oil 1411041 octfoon, to pay 10 letter for such one•
eighth 1170 royalty the markt, 0401 at me weir lor such 01.1 anti oine1 loquid hydrOCOrbons 01 lilt grade and gravity pievorlrng oh the day 1o011 0,1 0,10
01001 l.qu,0 hydrocarbont are Fyn from the /ease
• Te Pay leaser one -Eighth 01 the DrOCitedi 0041...in4 1051ee gl Int .01 ter all 404 (including 011 substances eontamed in such goal priarduCed
from the teased premises and 5019 by 'Mee of 1001 001 of vied by lessee off Iht leased prem... or sited Os 11041 101 Ihrt thanureCture Of Caserghecie
90101,411 0* other producIS, to Pay 10 lessor ore-engrah s1 of the pre...ling market price Or the 001 101 the gos SO used
The COnndeforion cold to 1.110f for thos kresr .arlocies cc04.4eroi.00 Lev ol dela, temp, ofinvifiani and 4414 nahrt end oblrgalions or the Pernos
hereunder sh011 be the same es rf this lease contained pro...mom 101 the 4101 mens ef 011,00,0 aeloy renfq11. Ihr0,440.1 the Oflrnanf 14r111 401001 0nd 900
well 0110y rental had been tome., ocoold and OCCeDied 111410
11 0 •.011 1000001` 01 DrodurAno goy or get, and 90.-Cendensae an Poring Cluermiiret loCoted on the leaSed Premoses for 011 OCreelge poored Dr consoli-
dated wroth 011 Of a pennon 00 tat Incised wen -anal. in10 0 Lin.' for the 00/11ong or opeirtnon 01 such well; it 01 One omit shut in and 4141 gas or gas-condentrate
therefrom 11 sold or wed off the premises of 10, 111. inOnulaCluie al gonolinni or other producre neverthrleas such 0,11 Shall be deemed to be 0 wed
• thle 1401.d Prodd1rn0 an in Paean, Outtniolmi. ond Inns lease r.,ll Cantons., in fart. dufing 011 01 the lithe of limn while 1.0444 well a ea shue in.
0heth45 before er af1e, the •40.rr1,0n 01 the 410111004 14114'. hareol. lessee dial! 1114 reosenoble dargence to rhorkel 001 0l 000 Orrell 001-Cendenwile Levels,*
of being produced from suCh shul.m well but shelf be under roff Oblig01.on ID Matinel loth Producf5 under telMt. Conditicill, Cr cirCionstances which, in
14.51441 lifdathen, 44610140 on 0000 40,441. Ore unsolitfoClory, Lessee th011 be obirgated to pay ar render to tenor within e5 days -one, the expiration af
Grath Penad 01 One yeat 01 length lininnual 94110101 &inn; whitil WO well in 10 1111101 in, 00 revalty, 001 Ornavn1 !Oval 10 01.00 per 0<f0 101 the aCreage
covered by lein lease en 10 vrInrch rhe leawhold rights ore, 01 the ond of weti annual period, owned by the lenge ecotone such paynniend; pravided Mali it
Senor owns less Mon (he full and entire royalty interest in wets acreage, such payment. shad be such part {calculated on e reyollrescre basis) Of lard
amount OS *noes royally ..... bears 10 the full end entire fOyolly ,n in 5,041 otreoge; and PrOtrided turther that, if get 00 .es-taseenroto from
W eft ell re Said Of used as afarnarcf belort the •rid Of env 50th annual penal/. Of of, at the end of tiny such annual period, rhos lease is bema marolained
in Neuf and /fleet othervinu then by reason of tarcei shut-rn well, lessee shell not be obligated 10 Day Of tender, for that PareiMelar ennue1 Wad, lard
aunt Of Manly. Sieh poyment 111011 be deemed 0 royalty under 011 provisions 01 *414 lean. Such payment may be made et tendered to lessor ae-r•-latraf'S
•1.•••-•-th.,-...at-R-0......Box.-1-547.,-.Houstony-TX 77001
Renate awnerehreir de 01 the nut der Of each rdch annual period On nhavon by lessee'. records shell govern the driorrranetroa of the party ut pertres en.
titled 40 reserve such payment.
11 lessor 441,1 a 41. ..... st in the lond carved by Mit least then Mr 'Moe and undivided fee iirnple Meares woe" therein, then wheihet or riot
such less interest is refereed to or deserilnd herrn, all myelin.. herein provoci•d shoot1 b. plaid 1(111,1 Only ri the pretpoftron traltulated On 0 My0llY-1004
1001/41 mh.Ch the royalty interest owned by him in lord lend bears to rho lull and onlirr 10y01fy iin401f11 119 acid land.
11 the 41.101• of either party 1141010 in essigned or Sublet, " , se -
prem. fond invited covenant. hereof shall f.111440 lo the sublesseet. 1u00011011 00) Cilsignt. of 164 Maims; and s01 the event Of 04 0101904114,11 01 14rble11.hg
by 4sser. radar trail fas relieved and ditcharaed co to rfse leosehold rights .0 assreined or sabIrt from Ony 1.0bi1i1y TO lessor thereafter OCenfing 119011 1104
al the [Covenants or of *104 40,, 010141 gvorett 11001,14. No change rn 4414 eerier...re of lihe lend or royellies. however accomplished, 11,011
WOW* lo enlarge the 1:91.90110410 Of dirrunith 16.1,4011 Of 10114e or requor• sepafoir rrOlOnyri41l0 Or metallation col aeporote tanks by leas**. Notwithatandina
any actual or constructive knowledge 01 or notice to lessee. no [Nona. en 1114 ownerahre of said land or of Me right to receive rosalliet heeeunder, 0, Of
eay ratortst therein, whether by matron of death, conveyonce or ony other molter, alsoll by bonding On less*, (.scepl or lessee's cotton in or% parr/Cuter
Caul until 90 days eiller leuee has been furnished written notice thereof, and rhe eupporlong thfotenotton hereinafter referred to, by the party CloiMMCI 05
0 Mirth Of Change in ownership or intere.f. Suth notice 01011 be 1.9p0.11411 by orrainai or c•rtolied copies or 011 documerits turod other initrumentt Or
Pr04441110191 n001.100ry in leaser', Opinion re etoablith the ormorahip 01 the cloimng Pate.
Leant may, 01 eny time, exeCart• end &byel br laster er piece of record 0 release Severing ell or OnY P0,1 of the 0C4e00* embeatect in the lessna
Preentain or toyering any one Of FriOrt zones, formations or depths srsdorlyiae all or any part Of %oh urea?", and eheres.Con Shall be eelreved of 011 obri.
gallon, thereafter le [game with reepect to the acreage, /ores, foe...atom, or depths covered by loch release.
covered by 14411. 10030 1•111, F110If 10411, 141,011 Of !VOWS, 0, I M ..... II nhorgin finii1.014, Sven 011,41f in are moire
of the owner. Mural' or by the extreme 01 a right to reel by rrst Irsiers thereon, when sn levee a 06011,0n1 it 11 visable in order 10 Va'
merle 1enden0lan. to Properly dtotlOO 01 Otionsl• the hand Ond int0140s to be pooled, or to obtain 0 nil ron allawatly from any governmental
004nCY 1,0,0.nCentral erre such manors. My pooling hereunder may cover 011 011 ond Of Mt* of th• Sub110111Cal 1001004 by 4601 11010.
hall be of abutting or cornering tract' 05410Mall nal 4.1.0464 0 toleronce col 10%) for gat or posteriderhare and Shall nee .00044 100 01101
amen. et the .0.00iorrstaars. MY aart formed Ise such 41.01,09s..p,iffid
and may ems, one Of 0101. 04 011 00n41 Of 104,401,0111 Underlying oll or on
1plars 0 tolerant* of 10%1 for any ether ssasloar 1 loose; Drowelod that if ony governmental regulafron co eerier 'hall peraeribe 0 spitting
pe for 1hr eareloprarnt of a tat obey" described land, or 0 portion thereof, ia located, or allocate 0 producing 0110o09le Posed en isCreaCte
Pm' soli, then Ony such rote as moth ocknfoonol acreage CO enoY ar so Oreterrbed 0, as may be Permitted in each cill040110. al 6110..b1.. The
01410 00011 or formations end surtalear•s pooled ghat D. lel lath Or lessee in 0 -circlorer.or of poolmg" fried 101 record in the tilmnbr 01-
-M101 the pooled mita it 10401,4. Such pooling 11,011 toe eflecily• on the 0011 such declarant., lt fried unites a 101e,
m1Fll
gyt dale is SPecifitd
Iold•O
by a voluntary
part
;elle
}^K 677 p.!UE4S2
00ve.ed by Ihis lease wh.Ch .s pl0ced in Ing pooled area as the amount of the surfOCe ecreoge in Ihe land covered by is pl0Ce4 .n the
Fooled area Wel 10 the amount al the surface oaten* of the entire pooled area. Nothing herein cont• . rise or effect any 'transfer 01 any
mit Io any Worn -old, royalty or other .n *soled pursuant hereto. The comnenc , 1 conduce of other dnnirg operations. the cam
plet,on of a wen or 01 el dry hole, or the operation of a producing well area, shall- be considered for all purp00. (except for 10004040 pur-
pa oda ted soon, DI sodrilling
the some aIfsold
11were located on, or• . • - .odM
n. ere candued upon. 1loads Covered by Isomil leawhether or 001 such well
•sec led upon, said lands. Lessee may termnwte any pooling effected pursuant hereto at any time
the pooled unit i. nor . •. no drilling operations we being conducted thereat by executing and f4Ing of record` In the .0.004y or counties in
—+. IS located a written d.clarorton of the termination al such psalm*, wooded that rhe 000iin9 of all interests riot covered by this lose
t
cerumens soiling lath a pion of development ar acestoma cote.. by the Secretory Of the Inferior, Of ether a etr officer repeesemati .--aired
Slates having a4thaliry NI approve such unit °orpiment.. and, 110111 time la rime, with like approval, 40 modify, change or r .. y prate pragrgwr.,0nt.
In any of such vents, try terms. conditions and omvisiong of mtl lase shennd
ll be deemed modified to conform to , codeiaand 0vi010n1 of
such approved unit 0greement, and all drilling arta development reauir.m.nis of this led., empress or - ' •11 be satisfied by compliance with the
ar.n.n9 and devetepenent requirements of such agreement, and this lessee Veli net terminal !119 the life of 4+ch agreement except os may
be otherwise provided in said agreement. In the event that said above described -•. . • y part there} shall hereafter be operated under any such unit
[porton-tent whereby the production thereunder i4 allocated to different • • - . the Iona covered by said ogr..m.nt, then Int. production onocoted to dry
Part.culnr tract of land pursuant 40 Sven 09reeaenl Von, 1•, of 00044011019 royalties, a0 regarded W having been produced from the Particular
tract of land to which 14 i4 allocated and not ft - . -r hitt of land std any royalty paynenta on such production 110 be mode hereunder to I.1wr
11,0II W baled solely VOW, the prod - Cased, Nothing herein contained shall authorize 0r effect any transfer of airy title t0 airy leasehold, royalty
Of Otto' ..te•nr unil.e into. Lessee's execution o1 such unit egr..m.nl shall be binding as to both lesser and lessee and (heir r..aectivs
.00 ..... - Le... 9 such .0.cutwn, shall furnish tear with 0 c0oy. of such unit agreement b41 mall to lessor's last known address al shown by
e - • •s and shotl give lessor written netic• of approval of the same in the some manner within a reasonable time after knees l4 notified of such
Lessee shat? have the right to use, free of cost, ail, pas and water produced on said land for !ll operations thereon except water tram wells of kuor.
Lett.. shall have the right at any tine t0 nnay. 011 machinery and fixtures Wooed ser said premises. ineudin9 the right to draw and remove casing,
No parr of the surface of the leased premises 10.11, without the written consent of lessee, be let, granted or licensed by 1•1600. fa 0ny otfw party for the
lacoton. construction or. 40a,ntenance of structures, 40nk., pill, reservoir, equipment, or machinery ro bs used for Me purges. of •xPlann9, dweiopin9
or o0.rotmg Odioc.nr I,M4 for ad, gas or attar minercll,
tessn shalt bury below plow depth its pipe lines on th* Nosed premises when requested by a tremor owning on interest es the surface. No well shall
a 01,11.4 rant than 200 feet 10 any house or barn new on sid premises without the written <pnl.nt of the owner of the surface 00 which lull house
0r tarn n locored Less.e shall pay for damages • - --soused by its operation. an std lands.
. Lnsn 4000 Purchase or lease the rights
o1 tiny parry claiming any interest in said land and exercise such rights as may be obtained thereby but 101404 .hall rat Suffer 0100 farhifure nor inc.'
or, i,ob.i,ry 40 lessor by reason thereof. Lessee shall hove IM right at any time to pay for lessor, any mortgage, rain or other lien an sold lands, in the
tent of default of payment by lessor, and be subra90fed to the rights of the holder thereof, and any such payments made by Ins.. for lessor may be
deducted from any ameunrs of money which may 40.00x,ot due lessor under this IwM.
An 0xpress provisions and implied corm -one' of this lease shall be subject to all 000flcable laws, governmental orders, rules and regulations. This
lotto atoll not W terminated in 0110!e or m part, nor lessee hold hob!' In dama0n, 6.006114 0l a temporary cessation of productien of of drilling aperOIIEnI
due 00 breakdown of eau,pnwnt or due to the repairing of 0 well Of wells, ar beaaul* of failure to comply with 0041 of the express provision. er imeted
coven0nt1 of *01,1 r.aw .4 such 100ur. is the result of the •riercise of governmental authority, war, armed hostilities, lock of market, an of God, strike,
[nil d.IlurbanCe, fire, explosion, flood or any other cause reasonably beyond the Control of Isles.
leas. and 011 provisions thereof Shall ly appncabie to and binding upon rhe parties Dna their respective successors and onions. A.f.r.nce here-
in to lesser end less.. 0.el1 include reference ra their respective successors and assigns. Should any ono of mgr. of the parties named oboe. 01 lessors
Not t0e0ure 10111 Ie1.e, it ;halt nevertheless be b,ndin9 up0n the party or parties executing rhe bine.
IN WITNESS WHEREOF, Illo lease is executed 0s of the day and yet first above written.
SON CORPORATION
By
Cher R. Humble, Attorney -in -Fact
IFFD. ID. tt
(FED- 10 5 _ }
(FED. ID. tt )
(FED. ID. tt
STATE OF ._..
COUNTY OF
SS. Ilndi.idae4-Celaa.de • Utah]
On the ............... day of - A. 0., 19----.......-. personalty appeared before me
..._ _ the signer - of the above instrument,
who duly acknowledged to me that -- .he executed the same. WITNESS my hand and official teal.
My commission expires: Neter" Public
Residing at:
STATE OF 1
COUNTY OF J
5S.
Undlvidual—Coloreds - Uteld
On the day of A. D., 19 personolly appeared before tae.-_•...-_.....-_-.-
, the signer..---.-- of the above instrument
who duly acknowledged to me rhos ........ he.__-,_-. exe[uted the same. WITNESS my hand and official seal.
My commission expires: Notary Public
Residing at: ...
STATE OF
COUNTY OF
} SS. (Certificate of Res..slice
This instrument was filed for record on the day of
and recorded in Etook at Page ..............._....... of the records of this office.
County Clerk
Register of Deeds
RECORDING, RETURN TO; .....
8y
Deputy
Mobil Mineral Resources Inc.
December 16, 1985
Mr. J. Frank Keller
Barrett Energy Company
1125 17th Street, Suite 2100
Denver, Colorado 80202
P.O. 000 77772
DENVER, COLORADO 80217 -01 12
TELEPHONE (303) 293'8000
BARRETT ENERGY CO
OSSF 839 (PIPELINE EASEMENTS
GARFIELD COUNTY, COLORADO
Dear Mr. Keller:
Enclosed are two (2) executed Right-of-way and Easement Agreements for a pipe-
line and compressor station on Mobil's land in Garfield County, Colorado.
After recording, please return a copy of each document to the attention of J.T.
Allen.
WCM:sdm:42
cc: J. T. Allen, MMRI
Very truly yours,
„-Ve 21e --
W.
W. C. McElroy
Associate Land Representative
0
a
Two Thousand Five Hundred Sevent
by Grantor or by Lessee of Grantor,
RIGHT
OIL CORPORATION, P.O. OX 17772 EASEMENT Grantor,
Mobil Denver, Colorado( does hereby sell and
convey to Barrett Entergy Company, 1125 17th street, Denver, Colorado, Grantee, for the sum of
—.. -• -- -_—�aie:irlr Dollars and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged, a right of way and
easement fifty (50) feet in width for the purposes of laying, constructing, maintaining,
operating, repairing, altering, replacing and removing pipelines (with valves, meters, fit-
tings, appliances, and related facilities) for the transportation of gas over, through, under
and across the following described land situated in the County of Garfield, State of Colorado,
to -wit:
PIPELINE
SEE EXHIBIT A & B ATTACHED HERETO i `}
AND MADE A PART HEREOF
Grantee shall have the right and option to select the route and location of said right of way
and easement and the center line thereof shall be shown on a plat or map filed for record by
Grantee with the Clerk and recorder of the County in which such land is situated within ninety
(90) days after completion of construction of such pipeline.
There is included in this grant the right, from time to time, to layy, construct, main-
tain, operate, alter, repair, remove, change the size of, and replace one or more additional
lines of pipe; but for any such additional lines Grantee shall pay or tender to Grantor,
ar be (1.�.b.or wedib is. _
), a sum equivalent to Five
($5.00) Dollars per lineal rod of such additional line, or such proportionate pert thereof
as Grantor'e interest in said lands bear to the entire fee, within ninety (90) days
subsequent to the completion of the construction of such additional line.
Grantee shall have all other rights and benefits necessary or convenient for the full
enjoyment and use of the rights herein granted, including, but without limiting the same, the
free and full right of ingress and egress aver and across said lands and other lands of the
Grantor to and from said right of way and easement.
Grantor shall have the use of such right of way and easement except for any use which con-
flicts with the purposes for which this right of way and easement is granted; provided,
however, Grantor shall not build or construct nor permit to be build or constructed any
building or other improvement over said right of way and easement.
Grantee agrees to bury all pipelines so that they will not interfere with the cultivation
of the land,;.and also to pay for any damage to fences, improvement:, and growing crops which
may arise from its operations hereunder; said damage, if not mutate -11y agreed upon, to be
ascertained by three disinterested persona; one to be appointed by the Grantor, one by Gran-
tee, and the third by the two persons aforesaid, and the written award of said three persons,
or any two of them, shall be final and conclusive.
This grant covers all of the agreements between the parties and no representations or
statements, verbal or written, have been made modifying, mining to, or changing the terms of
this agreement.
This easement and right of way and all provisions hereof shall be applicable to and -/1
binding upon the parties and their respective b successors and assigns. �/1jV
SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF.
IN WITNESS WIRIEOF, Grantor(s) has(have) executed this right of way and easement this
/.? y'Bay of ,t[/�r�>zs�4 , 198.
ATTEST: / MOBIL OIL CORPORATION
BY:
4SS/S1"ANT StCRETARY
STATE OF COLORADO
CODNTY OFA
) 89.
'be foregoing instrument
601t,
'10. commission expires:
•ti"•
BY:
BY:
ATTO'NE -IN-FACT
was acknowledged before me
this i. 2k day of Lp
L/7-
198 .
A,,xe(.,_,1L_
Notary Public
1Ci9 i) ,I/
Iv Wyant yr Yin L poly ch.)LrlLn 1
OF / 726- DAY OF .Z3r.
BY AND BETWEEN MOBIL OIL CORPORATION
AND BARRETT ENERGY COMPANY
INITIALLED FOR IDENTIFICATION:
GRANT R GRANTEE
•
5.0 - .
•. ..;
. w59'0'0'
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COLORADO RIVER
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Sfe9
EXHIBIT "B"
TO RIGHT OF WAYANDEASEMENT
OF
OF
A J ETWEENMOBIL OIL C R ; 19T H
ORPORATTCN
AND BARRETT ENERGY COMPANY
MAINLINE PIPELINE
TOWNSHIP 6 SOUTH, RANGE 95 WEST, 6 P.M.
A strip of land 50 feet in width, 25 feet either side of a line running 7208 ft. ±
on lots 1, 2, 3, NW/4SE/4, NE/4SE/4 Sec. 33, and NW/4SW/4, Pt. W/2NE/4SW/4
Section 34 (8,3 Ac. t);
GATHERING PIPELINE
TOWNSHIP 6 SOUTHt RANGE 95 WEST, 6 P.M.
A strip of land 50 ft. in width, 25 ft. either side of a line running 1280
ft. t on Lot 2 and 3 Section 33 (1.5 Ac. ±);
Containing 9.8 Ac.t, subject to as built revision by accurate survey, and
as shown herein on Exhibit "A".
Initialled For Identification:
Gf^antor
Grantee
of execution of this Easement; said removal and
restoration to be completed within 120 days of
termination. Should Grantee fail to meet the
obligations of this paragraph within 120 days of
termination, Grantor may perform these obligations at
any time thereafter at the risk of Grantee and
Grantee will be liable for all costs and expenses
incurred by the Grantor in so doing.
5. BREACH. The failure on the part of either party to
taTny action against the other party by reason of
any particular breach of the terms or conditions of
this Easement shall not be deemed a waiver of the
continuation of such breach or of any other or
subsequent breach.
6. LAWS AND REGULATIONS. Grantee agrees to comply with
all applicable federal, state and local laws and
regulations with respect to its operations hereunder.
7. TAXES, ASSESSMENTS, LIENS. Whether or not separately
assessed against it, Grantee shall and will pay,
before same become delinquent, all liens, charges,
taxes, rates and assessments, subject to the right to
contest same, upon its Easement or against any
personal property or improvements placed by or for
Grantee upon the Easement Land. In no event shall
Grantee permit its Easement to be sold for any
purpose, such sale being considered a breach of this
covenant and cause for termination. In the event any
charges, taxes, rates or assessments are not
separately assessed, then Grantee will reimburse
Grantor promptly after written notice from Grantor of
those portions attributable to its Easement. Should
Grantee fail to make any payments pursuant to this
paragraph, Grantor may make such payments and Grantee
must reimburse Grantor for all such payments.
8. RELOCATION. If in the sole opinion of Grantor such
Casement, including any facility, improvements or
equipment constructed thereon, or the operations of
Grantee thereon, interferes with any present or
reasonably near term operation of Grantor or any
related company, Grantee agrees to relocate such
Easement including any facility, improvements or
equipment to a location on nearby lands of Grantor
mutually agreeable to Grantee and Grantor. Grantee
retains the right to relocate to other lands not
owned by Grantor.
If such
Easement is relocated on lands owned by Grantor then
Grantor agrees to furnish an Easement to Grantee upon
the same terms mutatis mutandis as used herein. Any
relocation or raising will be completed by Grantee
within 180 days of written request by Grantor for
such relocation or raising and after such Grantee
will restore the previous Easement Land to the same
state and condition as existed prior to the execution
of this Easement. Grantee will provide at the time
of relocation Grantor with a quitclaim deed for the
previous Easement Land satisfactory to Grantor. All
relocation
. costs shati be divided equally between
Grantee and Grantor.
9. ENTRY. Grantor further hereby grants to Grantee, for
117 -duration of the Easement, a nonexclusive right of
entry for ingress to and egress from the Easement
Land for its employees, agents, and contractors which
is reasonable and necessary for Grantee to exercise
the rights granted herein. Such ingress and egress
will be in a manner agreeable to Grantor so that it
- 2 -
4
will not interfere with the operations of Grantor or
other interest holders on the Easement Land and will
minimize the impact on adjacent lands. Grantee will
repair any damage to and maintain any roadway, crops
or improvements used or damaged in connection with
its operations on the Easement Land.
10. GRANTORS' RESERVATION. This Easement grants surface
rights only to the Grantee and Grantor hereby
reserves all rights and title not expressly herein
granted. Grantor reserves the right to grant
additional licenses, leases, easements and other
conveyances covering the Easement Land or adjacent
lands or subsurface estates, and to cultivate, use or
occupy the Easement Land for purposes which will not
be an unreasonable interference with the rights
herein granted to Grantee or endanger any property of
Grantee. This provision shall not be construed to
alter the rights of Grantor to determine the
necessity for relocation or raising.
11. GRANTEE OPERATIONS. Grantee shall, at its sole risk
and expense, conduct its operations on the Easement
Land in a good and workmanlike and safe manner in
compliance with the regulations of all agencies
having jurisdiction, and shall not: use any
herbicides, disturb any archeological or vegetative
reference sites; locate explosive charges or
facilities on pipeline and other rights-of-way
without permission from the owner of the right of way
or on irrigation ditches and drain tiles; leave any
detonation wire, flag material and lath stakes
behind; leave behind any undetonated charges, leave
gates open or ajar, operate vehicles on ground
sufficiently wet to leave ruts and tracks; shoot
explosives within 1000 feet of any domestic,
irrigation or stock water well; commit waste; burn
vegetation; set fires; bring alcoholic beverages,
firearms or dogs on the Easement Land; leave behind
any litter; and Grantee shall limit vehicle traffic
as per paragraph nine (9) and follow substantially
the same route in, out, over, and across the Easement
Land; limit vehicle speed to thirty (30) miles per
hour or leas subject to road conditions; shall
promptly fill in and plug all test holes below plow
depth or as otherwise specified by Grantor; promptly
reclaim (including reseeding, fertilizing and
nurturing) all surface disturbed in accordance with
the regulations of all agencies having jurisdiction
and return the Easement Land as nearly as possible to
the same conditions as existed upon first entering
said Easement Land; restore the surface grade on all
irrigated land disturbed, report all oil, fuel and
other spills to Grantor, remedy as specified by
Grantor and remove all hazardous substances and
conditions created by Grantee's operations; promptly
report any fires on Easement Land, use best efforts
to suppress any fires; repair all fences cut for
access; replace all cattleguards and culverts damaged
by Grantee s operations; and comply with air quality
regulations by implementing dust suppression
measures. Grantor reserves the right to inspect
Grantee's operations to assure compliance with all
terms and conditions of this Easement. Grantee shall
survey in each corner of the Easement Land and
install a boundary monument thereon.
12. GRANTOR OPERATIONS. Grantor reserves the full use of
the surface and subsurface estates so long as such
use does not unreasonably int ere with the rights
granted hereunder. The above ::cnitation does not
preclude the right to construe roads for public use
in accordance with all applicable safety codes across
said Easement Land so long as said roads are a
minimum of 20 feet from any structure and
appurtenances thereto. It shall be the intention of
the Grantee to allow Grantor, its contractors,
licensees, agents, employees, successors, lessees,
invitees, and assigns a reasonable right to use and
have access across the Easement Land when and where
such use shall not unreasonably interfere with the
rights of Grantee as provided herein. This provision
shall not be construed to alter the rights of Grantor
to determine the necessity for relocation ar pi'+g.
13. GENERAL INDEMNITY. Grantee shall indemnify and hold
Grantor and its surface or subsurface lessees,
licensees, easement holders, and other grantees
harmless against any and all liens, claims (including
those of Grantor and Grantee, their agents and
employees), liability, loss, damage, fines,
judgments, and penalties, including reasonable costs,
attorney fees and settlements, which may rise out of
or in connection with the operations of Grantee under
this Easement by reason of any act or omission of
Grantee, or any contractor, subcontractor, and their
agents, servants, employees, invitees, and licensees.
Further, to the extent that such is not contrary to
law or public policy, Grantee shall so indemnify
Grantor against such liens, claims, losses, damages,
fines, judgments, and penalties whether or not
resulting from or contributed to by the negligence in
any form, whether sole, joint, or contributory of
Grantor, or its representatives, or any defect in or
condition of the Easement Land, or any materials
furnished by or on behalf of Grantor.
14. DAMAGES. Grantee agrees to pay Grantor, within
thirty (30) days of Grantor's invoice therefor, the
actual cash value or replacement cost whichever is
the greater, for all damages to growing crops, grass,
personal property, real property, and livestock of
Grantor or its surface or subsurface Lessee,
licensees, easement holders, and other grantees on
the Easement Land or on other land of Grantor, caused
by Grantee's operations thereon.
15. SUCCESSORS. The covenants and agreements herein
contained shall be deemed covenants running with the
Easement Land, and shall extend to the benefit and be
binding on the successors and assigns of the Grantor
and Grantee.
16. TITLE. Grantee hereby recognizes Grantor's title and
nterest in and to the land over which the aforesaid
Easement is hereby granted and to adjacent land and
agrees never to assail or resist Grantor's title or
interest therein by reason of any rights hereby
granted.
17. NOTICE. All notices shall be deemed to have been
properly given when in writing, deposited in the
United States mail, certified or registered, postage
paid, and addressed to the party at the addresses set
out above.
18. ATTORNEY'S FEES. In the event of any suit by Grantor
against Grantee to enforce any of the provisions
hereof, and if Grantor prevails therein, Grantee
agrees to pay Grantor, in addition to any other
amounts payable, a reasonable attorney's fee to be
fixed and allowed by the court.
- 4 -
19. CONSIDERATION.
hereunder shall
($
certified check
this Easement.
the address set
The consideration due and payable
be the amount statedherejnaboye
Dollars, payable in advance by
, on or before the effective date of
Payment shall be made to Grantor at
forth above.
20. HEADINGS. The headings for each provision herein are
for references only and are not intended by the
parties to be used in interpreting the associated
provision.
21. ASSIGNMENT. Grantee may not assign any portion of
this Easement, or the rights or duties created
herein, without the prior written consent of Grantor,
which consent will not be unreasonably withheld. Any
assignment by Grantee without the prior written
consent of Grantor is void. No assignment will
relieve Grantee of its obligations created herein,
unless such obligations are expressly assumed in
writing and actually performed.
22. ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the parties covering the subject
matter hereof. No modifications, waiver or
amendments of or to any provisions hereof shall be
valid unless in writing and signed by the parties.
23. RAILROAD SIDINGS. In the event any railroad sidings are constructed
over the Gathering Line, Grantee hereby confirms to Grantor that
pipeline materials and design will be sufficient to bear such use.
24. CRITICAL HABITATS. Grantee hereby agrees to comply with the regulations
of the Fish and Wildlife Service and Colorado Division of Wildlife as
to replacing all Bald Eagle Water Use Area and Mule Deer Critical
Habitat destroyed by operations of Grantee hereunder.
INITIALLED FOR IDENTIFICATION
- 5 -
cantor
J
rantee
Five Hundred
Al
RIGHT OF WAY AND EASEMENT
{�T
011 f:ORPORA710 . P.O. Ana 1777?.
Mobil 1,11----1 °^^^" - , "mss of Denver, Colorado( does hereby sell and
convey to Barrett Energy Com7, 1125 17th street, Denver, Colorado, Grantee, for the sum
uiiri _i 91.11,01- awl 1' 410 W1C.15) Dollars, and other valuable consideration, the
receipt and adequacy of which a hereby acknowledged, a right of way and easement three
hundred (300) feet in length and three hundred (300) feet in width for the purposes of
laying, constructing, maintaining, operating, repairing, altering, replacing and removing
pipelines, compressors and dehydration equipment (with valves, meters, fittings, appliances,
and related facilities) for the transportation, cotpreesion and dehydration of gas over,
through, under and across the following described land situated in the County of Garfield,
State of Colorado, to -wit:
COMPRESSOR STATION
•411573
SEE EXHIBIT . A & B ATTACHED HERETO 41 :` J
AND MADE A PART HEREOF
Grantee shale, have the right and option to select the route and location of said right of
way and easement and the center line thereof shall be shown on a plat or map filed for
record by Grantee with the Clerk and recorder of the County in which such land is situated
within ninety (90) days after completion of construction of such pipeline.
There is included in this grant the right, from time to time, to lay, construct,
maintain, operate, alter, repair, remove, change the size of, and replace one or more
additional lines of pipe, compressors and dehydration equipment; but for any such ad-
ditional lines Grantee shall pay or tender to Grantor, tasse=fikaesstecAa=crod3sbcizr=bkos
•
4IcasliY, a sum equivalent to Two Hundred Fifty ($250.00) Dollars per acre or Five ($5.00)
Dollars per lineal rod of such additional line, or such proportionate part hereof as
Grantor's interest in said landa bear to the entire fee, within ninety (90) days subae-
quent to the completion of the construction of such additional line.
Grantee shall have all other righta and benefits necessary or convenient for the full
enjoyment and use of the rights herein granted, including, but without limiting the same,
the free and full right of ingress and egress over and across said lands and other lande
or, theeasement.
Grantor to and from said right of way and
144/
fie. Grantor have the use of such right of way and easement except for any use
which conflicts with the purposes for which this right of way and easement is granted;
provided, however, Grantor shall not build or construct nor permit to.be build or con-
structed any or other improvement over said right of way and easement. However,
Grantee agrees that the location of this right of way and easement is in direct con-
s_ flint with construction by Grantor during a period beginning in 1996 and thereafter,
°., grantee will relocate, at Grantor's request, all surface facilities within this right of
Way and easement of equal, size to be located in the NW/4SW/4 of Section
T6S-R95W
Grantee ees to bury all pipelines so that they will not interfere with the culti
va on o ) e rrn, and also to pay for any damage to fences, improvements, and growing
crops which may arise from its operations hereunder; said damage, if not mutually agreed
upon, to be ascertained by three disinterested persons; one to be appointed by the Gran-
tor, one by Grantee, and the third by the two persons aforesaid, and the written award of
said three persona, or any two of them, shall be final and conclusive.
This grant covers all of the agreements between the parties and no representations or
J statements, verbal or written, have been made codifying, adding to, or changing the terms
1 , of this agreement.
5EE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF.
This easement and right of way and all provisions hereof shall be applicable to and
binding upon the parties and their respective heirs, devisees, successors and assigns.
WITNESWH,1REOF, Grantor(s) haa(havtlaxecuted this right of way and easement this
/
qday of ,/ r , n / c — , 19
ATTEST: MOBIL OIL CORPORATION
:Y. :til►`
-4.1111111111r r
4 __
BY:��
ASSISTANT SECRETARY
STATE OF corm=aa.
COUNTY OF.
ATTORNE
. .The(foregoing instrument was acknowledged before me by ,,,g./VV;L,U,t1,
this.( day of r'te.ee,a<-�cr��cig� •
`ccemi$sion expires: y
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w <<.� , Co fo.,lo
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EXHIBIT "B"
TO RIGHT OF AY EASEMENT
OFDAY OF e - -/ 119 VS
BY AND BEWTEEN ORA?1UN
AND BARRETT ENERGY COMPANY
TOWNSHIP 6 SOUTH, RANGE 95 WEST - 6 P.M.
Section 33: A 300 ft. x 300 ft. tract of land in the SW/4 (2.06 Ac.
Compressor Station);
A strip of land 50 feet in width lying 25 feet either
side of a line running 250 ft. on the West line Lot 2
(.3 Ac. ±).
Containing 2.36 Ac.±, as shown on Exhibit "A" herein, and subject to as
built revision by accurate survey.
Initialled For Identification:
RANTEE
8305W
EASEMENT EXHIBIT
MMR I
EXHIBIT " C
CDSF 839
11
TO RIGHT OF WAY AND EASEMENT
OF /c›/722 -DAY OF d�ecz riho, 19."S
BY AND EN MOBIL OIE CORPORATION
AND EIARRETT ENERGY
C1)MPANY
MOBIL OIL CORPORATION
Grantor and Barrett Energy rnmpany
Grantee, herby agree, notwithstanding anything
to the contrary hereinabove in said Right of Way and Easement
hereinafter referred to as Easement that:
1. CONFLICT. In the event of conflict between the
provisions of this Exhibit and the Easement to which
it is attached then the provisions of this Exhibit
shall prevail.
2. TITLE. Grantor's grant to Grantee of the Easement is
Eiji—subject to any and all existing easements,
rights-of-way, liens, agreements, burdens,
encumbrances, restrictions and defects in title
affecting the Easement or the Easement Land. Grantor
gives no warranties and makes no representations,
express or implied, with respect to title to the
Easement Land or the Easement.
3. TERMINATION. The entire Easement or any portion
thereof shall terminate upon the occurrence of any
one of the following events:
a. The Easement or any part thereof ceases to be
used for the purposes for which it is granted
for a period of twelve (12) consecutive months;
or
b. Grantee fails to maintain in operating condition
and/or conduct its operations on the Easement
for a period of twelve (12) consecutive months;
or
c. Grantee breaches any of the terms or conditions
hereof and the failure of Grantee to remedy the
same within one hundred twenty (120) days after
written notice from Grantor to do so; or
d. Mutual agreement of the parties.
Upon the termination as to all or a portion of the.
Easement of the rights hereby granted, Grantee shall
execute and deliver in a form acceptable to Grantor a
good and sufficient quitclaim deed to the terminated
portion within thirty (30) days.
After termination of all or a portion of the
Easement, Grantee's obligations as delineated in
paragraphs 4, 6, 7, 13, 14 and 18 shall survive such
termination.
4. REMOVAL. Upon the termination of all or a portion of
the Easement, Grantee shall remove from that portion
of the Easement Land all improvements, fixtures,
personal property and materials placed thereon by or
for Grantee in exercising the rights granted herein,
and restore said premises as nearly as possible to
the same state and condition they were in at the time
of execution of this Easement; said removal and
restoration to be completed within 120 days of
termination. Should Grantee fail to meet the
obligations of this paragraph within 120 days of
termination, Grantor may perform these obligations at
any time thereafter at the risk of Grantee and
Grantee will be liable for all costs and expenses
incurred by the Grantor in so doing.
5. BREACH. The failure on the part of either party to
take any action against the other party by reason of
any particular breach of the terms or conditions of
this Easement shall not be deemed a waiver of the
continuation of such breach or of any other. or
subsequent breach.
6. LAWS AND REGULATIONS. Grantee agrees to comply with
all applicable feaeral, state and local laws and
regulations with respect to its operations hereunder.
7. TAXES ASSESSMENTS, LIENS. Whether or not separately
assessed against it, Grantee shall and will pay,
before same become delinquent, all liens, charges,
taxes, rates and assessments, subject to the right to
contest same, upon its Easement or against any
personal property or improvements placed by or for
Grantee upon the Easement Land. In no event shall
Grantee permit its Easement to be sold for any
purpose, such sale being considered a breach of this
covenant and cause for termination. In the event any
charges, taxes, rates or assessments are not
separately assessed, then Grantee will reimburse
Grantor promptly after written notice from Grantor of
those portions attributable to its Easement. Should
Grantee fail to make any payments pursuant to this
paragraph, Grantor may make such payments and Grantee
must reimburse Grantor for all such payments.
During a period beginning January I. 1996 and therefter,
8. RELOCATION. ,G If in the sole opinion of Grantor such
ase, including any facility, improvements or
equipment constructed thereon, or the operations of
Grantee thereon, interferes with any present or
reasonably near term operation of Grantor or any
related company, Grantee agrees to relocate such
Easement including any facility, improvements or
equipment to a location on newwW,.wo4m of Grantor
mutually agreeable to Grantee and Grantor. Grantee
retains the right to relocate to other lands not
owned by Grantor.
If such
Easement is relocated on lands owned by Grantor then
Grantor agrees to furnish an Easement to Grantee upon
the same terms mutatis mutandis as used herein. Any
relocation aelmoswill be completed by Grantee
within 180 days of written request by Grantor for
such relocation— and after such Grantee
will restore the previous Easement Land to the same
state and condition as existed prior to the execution
of this Easement. Grantee will provide at the time
of relocation Grantor with a quitclaim deed for the
previous Easement Land satisfactory to Grantor. All
relocation or raising shall be at the sole risk, cost
and expense of Grantee.
9. ENTRY. Grantor further hereby grants to Grantee, for
t7—auration of the Easement, a nonexclusive right of
entry for ingress to and egress from the Easement
Land for its employees, agents, and contractors which
is reasonable and necessary for Grantee to exercise
the rights granted herein. Such ingress and egress
will be in a manner agreeable to Grantor so that it
-2-
will not interfere with the operations of Grantor or
other interest holders on the Easement Land and will
minimize the impact on adjacent lands. Grantee will
repair any damage to and maintain any roadway, crops
or improvements used or damaged in connection with
its operations on the Easement Land.
10. GRANTORS' RESERVATION. This Easement grants surface
rights only to the Grantee and Grantor hereby
reserves all rights and title not expressly herein
granted. Grantor reserves the right to grant
additional licenses, leases, easements and other
conveyances covering the Easement Land or adjacent
lands or subsurface estates, and to cultivate, use or
occupy the Easement Land for purposes which will not
be an unreasonable interference with the rights
herein granted to Grantee or endanger any property of
Grantee. This provision shall not be construed to
alter the rights of Grantor to determine the
necessity for relocation or raising.
11. GRANTEE OPERATIONS. Grantee shall, at its sole risk
and expense, conduct its operations on the Easement
Land in a good and workmanlike and safe manner in
compliance with the regulations of all agencies
having jurisdiction, and shall not: use any
herbicides, disturb any archeological or vegetative
reference sites; locate explosive charges or
facilities on pipeline and other rights-of-way
without permission from the owner of the right of way
or on irrigation ditches and drain tiles; leave any
detonation wire, flag material and lath stakes
behind; leave behind any undetonated charges, leave
gates open or ajar, operate vehicles on ground
sufficientlywet to leave ruts and tracks; shoot
explosives within 1000 feet of any domestic,
irrigation or stock water well; commit waste; burn
vegetation; set fires; bring alcoholic beverages,
firearms or dogs on the Easement Land; leave behind
any litter; and Grantee shall limit vehicle traffic
as per paragraph nine (9) and follow substantially
the same route in, out, over, and across the Easement
Land; limit vehicle speed to thirty (30) miles per
hour or less subject to road conditions; shall
promptly fill in and plug all test holes below plow
depth or as otherwise specified by Grantor; promptly
reclaim (including reseeding, fertilizing and
nurturing) all surface disturbed in accordance with
the regulations of all agencies having jurisdiction
and return the Easement Land as nearly as possible to
the same conditions as existed upon first entering
said Easement Land; restore the surface grade on all
irrigated land disturbed, report all oil, fuel and
other spills to Grantor, remedy as specified by
Grantor and remove all hazardous substances and
conditions created by Grantee's operations; promptly
report any fires on Easement Land, use beat efforts
to suppress any fires; repair all fences cut for
access; replace all cattleguards and culverts damaged
by Grantees operations; and comply with air quality
regulations by implementing dust suppression
measures. Grantor reserves the right to inspect
Grantee's operations to assure compliance with all
terms and conditions of this Easement. Grantee shall
survey in each corner of the Easement Land and
install a boundary monument thereon.
12. GRANTOR OPERATIONS. Grantor reserves the full use of
the surface and subsurface estates so long as such
use does not unreasonably interfere with the rights
granted hereunder. The above limitation does not
preclude the right to construct roads for public use
- 3 -
in accordance with all applicable safety codes across
said Easement Land so long as said roads are a
minimum of 20 feet from any structure and
appurtenances thereto. It shall be the intention of
the Grantee to allow Grantor, its contractors,
licensees, agents, employees, successors, lessees,
invitees, and assigns a reasonable right to use and
have access across the Easement Land when and where
such use shall not unreasonably interfere with the
rights of Grantee as provided herein. This provision
shall not be construed to alter the rights of Grantor
to determine the necessity for relocation Immumaiming.
13. GENERAL INDEMNITY. Grantee shall indemnify and hold
Grantor and its surface or subsurface lessees,
licensees, easement holders, and other grantees
harmless against any and all liens, claims (including
those of Grantor and Grantee, their agents and
employees), liability, loss, damage, fines,
judgments, and penalties, including reasonable costs,
attorney fees and settlements, which may rise out of
or in connection with the operations of Grantee under
this Easement by reason of any act or omission of
Grantee, or any contractor, subcontractor, and their
agents, servants, employees, invitees, and licensees.
Further, to the extent that such is not contrary to
law or public policy, Grantee shall so indemnify
Grantor against such liens, claims, losses, damages,
fines, judgments, and penalties whether or not
resulting from or contributed to by the negligence in
any form, whether sole, joint, or contributory of
Grantor, or its representatives, or any defect in or
condition of the Easement Land, or any materials
furnished by or on behalf of Grantor.
14. DAMAGES. Grantee agrees to pay Grantor, within
t-hix�(30) days of Grantor's invoice therefor, the
actual cash value or replacement cost whichever is
the greater, for all damages to growing crops, grass,
personal property, real property, and livestock of
Grantor or its surface or subsurface Lessee,
licensees, easement holders, and other grantees on
the Easement Land or on other land of Grantor, caused
by Grantee's operations thereon.
15. SUCCESSORS. The covenants and agreements herein
contained shall be deemed covenants running with the
Easement Land, and shall extend to the benefit and be
binding on the successors and assigns of the Grantor
and Grantee.
16. TITLE. Grantee hereby recognizes Grantor's title and
Interest in and to the land over which the aforesaid
Easement is hereby granted and to adjacent land and
agrees never to assail or resist Grantor's title or
interest therein by reason of any rights hereby
granted.
17. NOTICE. All notices shall be deemed to have been
properly given when in writing, deposited in the
United States mail, certified or registered, postage
paid, and addressed to the party at the addresses set
out above.
18. ATTORNEY'S FEES. In the event of any suit by Grantor
against Grantee to enforce any of the provisions
hereof, and if Grantor prevails therein, Grantee
agrees to pay Grantor, in addition to any other
amounts payable, a reasonable attorney's fee to be
fixed and allowed by the court.
- 4 -
19. CONSIDERATION.
hereunder shall
($
The consideration due and payable
be the amount stated here'nabQve
) Dollars, payable in advance
check, on or before the effective date
Payment shall be made to Grantor
forth above.
certified
this Easement.
the address set
by
of
at
20. HEADINGS. The headings for each provision herein are
for references only and are not intended by the
parties to be used in interpreting the associated
provision.
21. ASSIGNMENT. Grantee may not assign any portion, of
this Easement, or the rights or duties created
herein, without the prior written consent of Grantor,
which consent will not be unreasonably withheld. Any
assignment by Grantee without the prior written
consent of Grantor is void. No assignment will
relieve Grantee of its obligations created herein,
unless such obligations are expressly assumed in
writing and actually performed.
22. ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the parties covering the subject
matter hereof. No modifications, waiver or
amendments of or to any provisions hereof shall be
valid unless in writing and signed by the parties.
23. EMISSIONS. Upon completion of construction of the compressor
station contemplated herein, Grantee shall give notice to Grantor
of such completion together with the estimated annual amount and
kinds of emissions.
24. TANKAGE FACILITIES. Grantee recognizes Grantor's rights to use
adjacent or nearby lands at any time for any legal purpose
including but not limited to tankage facilities, utilitycorridor,
pipelines, water treatment facility or construction staging area.
25. CRITICAL HABITATS. Grantee hereby specificly agrees to comply with
the regulations oT the Fish and Wildlife Service, and Colorado
Division of Wildlife as to replacing all Bald Eagle Water Use Area
and Mule Deer Critical Hatitat destroyed by operations of Grantee
hereunder.
INITIALLED FOR IDENTIFICATION
- 5 -
A TOR
G1/
GRANTEE
Form 88 -(Producers)
Kan., Okla. & Colo. 195
•..:..,0..G
sclorf )murder BOOK 536 PaGE35i7
Revd �! . AJ VH�
THIS AGREEMENT, getups! Into this the 20th day of August
between
Grant A. Knight, and his wife Harriett P. Knight
Grand Valley, Colorado 81635
1,79
hereinafter Called IMO,.
„ _Barry L. Snyder. 405 Urban - Suite 302. Lakewood, Co. 80228 hereinafter emitted 1 . doer wane.,:
1 That I
for 1104 In eonelderatlon 0f the sum of ten Dollen In hand paid and of the eovenente and agree menta hereinafter contain.d
to be, performed by the I has this day granted. listed. and 1.1 and by these presents Qpm hereby trent. lease. and let eaeluelrely unto the 1,1e4' the
heroins ftee deneribed land. and with the right to unitize this team or any part thereof .th other oil end las leases es to all or any part of the lands covered
thereby et hereinafter provided. for the Purpose of carrying on 11010,04.1. pophy.lcsl end other •0p141110r( .ort, ineludlne tore drilling. Ind the drllllne, minmp•
and operating for, producing. and saving all of the o11, gas casinghead gas, elaln4he1d towline and all other gases and their rem -come constituent venom.
and for cenolroetmg rude. laying pipe line. building tanks, storing oil, building power damns, telephone linea and other structures thereon nttttttry or
convenient for the er0nomt11l operation of Bawd land atone or conjointly with neighboring Janda. to produce. rare, take can of. and manufacture all of etch
manures. and for housing end boarding employer., said of land with eny nary eights therein Deme situated In the County of_
Garfield_ g'au at Colorado and described as foliose:
SEE ATTACHED RIDER
Township 7 South, Range 95 West, 6th P.M.
Sec. 3: SW'NW, Lot 2(10.92), Lot 3(40.75)
Sec. 4: S'NE', NW14SE1/2, Lot 2(20,10), Lot 3(17.10), Lot 4(9,70), Lot 5(18.70)
Sec. 5: Lot 6(17.50), Lot 7(37.00)
A tract of land in Sec. 3 containing 37.4 ac - Beginning at the meander corner
on West line of said Sec 3:
thence N 475.2 ft; thence
thence N 420' E 940.0 ft; thence
thence N 68°0' W 2201.1ft to the
S 70°51' E 1,741,08 ft;thence N 86° 0' E 400,0 ft;
S 967,80 ft;thence S 50° 0' W 760,0 ft;
Point of Beginning
A tract of land in Sec 4 containing 74.5 ac -
on the East line of said Sec. 4:
thence N 88°0' W 2640,0 ft;thence S 79°32' W
thence N 88°45' E 1320.3 ft;thenceN 82° 0' E
thence S 78°08' E 1349.4 ft;thence South
Beginning at the meander corner
2686.86 ft; thence N 900.0 ft;
1333.0 ft; thence S 84°20' E 1326,5 ft;
310.0 ft to Point of Beginning
A tract of land in Sec. 5 containing 53.6 ac - Beginning at the meander corner
on the East line of said Sec 5:
thence S 63°0' W 2316.0 ft;thence N 27°50'W 470.0 ft; thence N
thence N 71°05'E 800.0 ft; thence N 63°08'E 750,0 ft; thence N
thence South 930.0 ft to the Point of Beginning
Total 577.27 acres more or less
19°0' E 860.0 ft;
75°02'E 597.5 ft;
Imam on Or beton the eepir.tlon Of said Mehra mepthe .halt resume the payment of nnI.N to the mane amount arid 1n the same manner as herelnbgtera
prodded. And It u agreed that upon the resumption of the payment of *dards. as .bore provided, that the last preceding posits h hereof, governing the
payment of rentals and she effect thereof ailed cuntlneo In forge jut as though there had been no interruption In the reveal payments.
7. 11 mild lessor owaa a leas littered In Ilrr &Pave dea.rlbed land than the entire and undivided fee ample mode therein. then the royalties and rental.
here'. prodded .10011 b• Pard the letter only In the proportion which hie Interest boors to the whole and undivided fee H such rental shall be 40-
ereaaed .t the sten tueeeeding rental &.nhnreary after any reversion occurs to cover the 1n 10 acaulred.
1. The leam shall have the right to me. free of cost. 101, oil and wider found on 0104 land for 111a operations thereon, except water from the Wella of
the lessor. When required by les.or. the 'title Mall Lowy he pipe Imes helot, Noe depth and Mall Par for dsaiale wilted b7 Its operations to growing Crops
on *Ed /and. led welt M.14 be dallied 0.anr than 200 10.01 40 10,0 [edge or bard tow on said premises without ger moan ad the lessor, Lew. Mall have
the right at any nm. during, or after the exelratlon of. this lease to remove all machinery, fixtures houses. buildings and other structures placed 0n .old
premises, laelu4mg the right to draw end remove all rasing. Luau agrees. upon the mmpletleo of any teat a.dry hale .r upon the abandonment 01 ally
pr.daemg well. to ee.lare Lhe premiers to their orleteed contour 0e nem as practicable and to remove all Installations within a reaa0n.ble time.
1. 11 the estate of either party herr.. Is a+nlgned land the printer, of .e1gntng In whole or In pert ter expressly allowedi, the eorena11la nerve then extend
Le the here. devisees, e0.eut.ra, admmgerate11, rucgelgen. and anima, but no on&nge of ownerthlp in the laud or In 111. metals 01 royalties or sol mum
deo under slits Naas shall he binding on the Image until It has been fer0uh.4 .1110 either the erlein.1 recorded 11.trum.nl of eonveyance or a duly attuned
0097 th.rea or a certified sept' of the will of any deceased owner and of the pro1.te thereof. or certified copy of the procr.44uga dowwmg appointment ..f
04 sdmm4trater 1111 Lha Maco of say dieuee0 mum, *Nahum 11 0 0roprl.4,. together with lip or111na1 recorded lnetrum.nte of conveyance or duly NMI -
fid caplet thereof neduery 10 Mowing a complete Moi0 of little hook l0 Inane t0 the full Ito Ialmed. and all advance payments of 1111011 made herr.
ender before receipt et Bald document. MW be binding on any direct lir indirect ualenee, graate., deride, edmlolstrater, executor. or heir of leseer.
11. It 4 10,[40, agreed that In the trent this Nam Mall he a11Yed as to a part or as to parka of the above 4.uerle d land and the holder or owner'
of ■.y lath part or parts ;had make default In the payment of the proportionate part of the rent due from him or them. .00h del.014 .10,111 not operete te
Muted or affect MN deem ln.ol.r as It covers 1 pert or old Iaod up0ts wh1M the 111141.1 0r any .40111101 hereof alum make due. payment of m14 nettle.
11. teaser 0er.ey warrant& 'std epee, 10 defend the 11111 to the land hens deleribed and abet. that the luau. a41u option. may pay and dlseheree la
wlm1. or' m pert any fixes, mortgagee. or other lien. existing. lrvltd, or dammed en 0r amnia th• snore demented land. and. in It exercises such option,
It .hail be 10(110 old CO the rigida of any homer or 00lders thereof and rosy reimburse Itself by/9911101 to the diwharge of any such mortgage, tax or .Mer
Wm, any royalty or-renyt1 .ocruing hereunder.
17. Jlshsiancg anything thea geese 0011.1,04 LO Use tanN m.
41117. It list..4..gr4M that
lime hitli1104Wm •Chi.. Nast 4 in. tore!. Ibis Nage Mall results in form and /to teems M.11 000tleue go long
resells tpaufrom, then se, lend Y 9,04,0tlea continuo.
IL .0411014.10 price tya! Ibis lease. production on the d predate shell male from
rettl000 for the drilling of ■ .111 � be .ommeaced bribee or on the next ensuing rental paying date:
rentals In the 1gmaw.a. .M14 slm0U1Iu�+ /�rg/1Wfor. provided. If, alter the expiration of the primary 1010
es
!fefrom try rause. leaf. 1 Inet 4rmlnate provided lure resumes operations for r.-wbrkang
ud 1u.tIon &e0U,tetto-.h�11. rem se In force during the proemial/swot much operulena end, If produ
continue. .
I1 10,1110p L- hereby lessen Cha right et ate option. at say time end from time to time, to pool or unitize ail or any part or parte of the above de-
scribed land with other� dlease, or lemma La the immediate vicinity thereof, mat pooling to he tela Unita eat exceeding the mleamem else t1101 am .1:11 h
a well may be 4rRlodthne.r law&, Mies, oe eegule4m0. In fast .L the time o! 0u0t1 pooling er unitisation: provided, however, that such unite may 040eed
man minimum by not more than ten acres 1f such eaceee la neceaar7 in or4er 40 conform to ownership ,ubdivletone or lease linen. Lets.4 Ms01 enrolee
0.m option. as to each deelred tilt, by executing and record1.4 sb la,trument Identifying the unitized area. A0, well drilled or operations conducted on
soy part 01 ea.11 ouch Unit shallbe coeeider14 a well drilled or operations conducted under th4 tease, and there than be allocated to Lhe portion of Ma
above deecrlbed land included in any such unit Ruch proportion of the .04011 produetlon from all sella on such 0011 ea lessor's Interest, if an7, in such
Portion, 00mpu1ed on an acreage buts, bear& to the entire tam 01 eueh =ft. And 11 10 understood end ■freed that Coe production w aileente4 Yell
he considered 10r all 90rpoea, including the payment or delivery 0f royalty, L0 be the entire production from the portico of we .hove described Lead us-
1[u4ed in ouch unit in the same meaner u though produoed from the above 4sa,ribed land strider the terse of this teem.
13a, Lessor reserves the right to exclusive use 6f the shallow gas well in Section 3
if fern shall commenceaperatlona 1er4tUlme 01 any
11 inch operations are prosecuted and, if pro4uctlom
IMP cause. This lease shall not terminate provided ape -
or, provided lessee Oulu or resumes the Payment of
of this lease, production on the Monad premise. Mail
or drilling a well ..thin slaty 1101 days from wch
coon meant therefrom, then as long se p.04.m100
11. Thla leas. end all 14. term., conditions en. sill...lion& 10111 extend lo. and be binding on care, of the pas -ilea who signs this Ie.te. regardless of
whether such lessor la named above end re erdtese or whether IL in signed by any o1 the ether pantie. herein named .a lessorsThin lee.0 may be roamed
in counterparts. each to have the 501111 .fleet s7 the original.
eel W1Trrg86 WHIIREAR w. el(u the day ono Year fleet above written.
W ilma.
v-'St,n ad
JJ-�� . lfnig%/ht ,
a ere 'P/Kni ht -
I. It Is agreed that Ma learn shall remain In full forte fee a term of FIVE (5) Piers from chis axle. and as bre` thereafter bee ell
or gas. 00 either of them. 1a prOdueed from said land for from lanai with which said land la consolidated) or the promisee are being developed or operated.
7.
In can.lderetion of the premien• the said Norse .ove0a0ts and agree•:
In agnea' to the credit or leaner, free of coat, in the pipe line to .high Image may connect Ms wells, the equal one-eighth Ilii pert of all 011
produced and saved from the leased premises.
BOOK 536 P GE353
1.14 matalnlns-------adrea more or tem.
t. The leans .hall monthly pay lasso. as royally on gen marketed from each well when au only Is found. One-elghtlt 111.1 of the progeed0 if •Old at the
well. or If m ed by tease, off the leased premise.. then one-eighth test of Its 'market value at the well. The lame .hall pal the feasor: tat ono-elenth 1401.
O f the proceed. received by the /same from the sale of casinghead gas, produced from any o1l well: lbl one.elghtb test of the value, et the mouth of the well.
computed at the prevailing market Wee. of the cuinghead gat. produced from any oil well and used by lessee off the leaned premises f0r Rey purpose or
fwd on the leased premlue by the lessee for purposes other then the development and operation therut. Lessor shall have the privilege at his own risk and
espenee of tieing gas from any gat well on ..Id lend for stores end Imide light' In the principal dwelling locoed on the leered premises by mating his own
connections thereto.
When gat from a well or Teta capable al produelng gas only. le riot mold or steed fora period Of one year. tease, shalt per Or tender bee meal. an
amount equal to the delay notal as provided in paragraph 111 heat Palmas annually on the an0lverear7 date of Rhls le,ee follOWing the end of each inch
lar doriO4 ehleh such tea Is riot need or used, .red while gefd Malty 11 ne paid or tendered this lease shall be held rig a producing property under Para-
graph numbered two hereof.
11. If operations for the drilling of ■ well for 0O or gas .10 not commenced on maid lend on or berme the_ 20th day at August 1.80
the. lease .hall terminate as he both earths. unlem the lance ,hell Ott or before maid date pay or tender to l ]le scot or for the No.o, a credit In the
First National dank at Rifle, Colorado or ate ,n0ee rere..hemh Sank end lis
o rators are the tenor'• .dent end shall wentsnue u the d,poaltp17 of 1117 .o4 all soma payable under the. Nue r•g.rdleu of changes of ownership in sod
lead ar In the all and die or to tf1• rentor to accrue hereunder. the sum or ----$577.27 noltard, .hies .11.11 al-
arm*
ognu •s • rental and nerrr the privilege of deferring the commencement of operations Por drilling far ■ Period 0f pile year, In the manner and upon kite
9040110011 or Widen the comm,nngHYt of Oweratlone for dratted m.vIfurther be deferred foe lit■ a e,IZ. ILOUyttNgy_or r...e.x. m..
aree nada by.
ata ca draft of knee er any 1mignertaefank mailed er deit..014 S or board Ri0090UT-01Y -��0. 901nde direct to Meer Cror UAW. or b 141d d.poallary
hank and it N .ndentood and agreed Mat the e00.14eraI104 Mat rutted herein, the down payment. torero not only the privilege wanted to the date when
Redd brit rental 1s parable .s afrire1id, but .leo the Imam's d option of extending that period .e aflreIeld and any end all other rights Confen,d, Lame. 01.7
at any nano execute and deliver 00 fuer. or place of record, • release or releases cayenne any portion or portions of the above 4.ser114.4 premf.10 end
thereby surrender Ws leas. as to wen portion or portions and be relieved of all obligations as to Ih0 acreage surrendered, pod thereafter the rentals
Parable 0ereomder shell be redneed to the 90.9. .len th01 the acreage amend hereon Is reduced by laid release or releases.
R (001114 the Writ well drilled on the above described sad be . dry hole. then, and In that event, If a second well le not cammmged on said land
w ithin twelve mo0M, from erplr.tIOtt of the rami renter period for which rental has been Paid. tM0 lease shall terminate as to both parties, unless the
swag ea or before the e19lretlon o! rid twelve months shall rename the payment of rent.la In Rho same Amount and fn th1...me manner ar Meehan/fore
provided. Mid It la .greed that upon the resumption of the payment of rentals, as above prodded, that the tut preosdln1 paragraph hereof, governing the
payment of rental, and the mien thereof Moll centime. In tare• lust as ihouee than had been 110 Interruption In the rental pa7mente.
7. If add Maar owns a ley Interest In the above dueribed land than the entire end undivided fee aim9te estate therein. then the r.y.1111, end rentals
heron provided shall be paid the Imam only In the proportion which 11le littered bean to the .hole and undivided fee. Ho.eeer, .1141 rental .hail he In -
aniseed at the next .r0000ding rental enlllrerear7 after any reemilen 00eure t0 0010? the 111ten.1 00 1.oulted.
1. The Image .11.11 have the right to um. free of cut. gal. 00 and water found On mad land for 100 0per1110ne thereon. amen! water from the well. OI
the I wor. When required by igeer, the leaser shall burr de p1Pe Inn latee plow depth 014 Mall pay for damage 0.0444 by ate Operallceu te IlMenag 0109.
ea mid load. No eel Menthe drilled 0011er than see feet 10 the hedge or barn now on mad presume without .rmmo, o0amnt of the lessor. Lades .tall have
the ruche at shy Ogee during, or after the adplratiOn 04, this team to 111000. all ma0hlnery, fixtures house, buildings and other 01ru0turee placard on said
sen lees, 1.eluding the right le draw and remove all easing. Neem agrees, upon the completion o! any teat as 0 dry 1101* or upon the abandonment of Any
nodueing .111. to restore the premised to their original contour 44 icer re practicable and t0 ramose .11 Installations within a reasonable tem..
1. II Pm estate of either party hereto la . 411[10t.aW 0he privilege of a0tlm1n1 1n whole or In pert N exprealy .11o.ed1, the &Reorients nerve! M.11 extend
to the bean, dramas, esenator0. saminWlalora, 0ucaasora, and bulges. but no onion of 0.0,reh19 in the land or Im the rentals or 107altln or any Item
dor under this lease shall be balled on the tease until n bat basis furnished with either the original recorded lasintment. of conveyance or a duty certified
amid thereof er . certified copy of the will of 0n, deceased owner and of the prabdt, thereof, or rr001104 mar at the proceeding* showing .ppantment .of
an 1dmmlrtrater tor the eclat* of may dec,.yd owner. whichever 14 appropriate, together with all original recorded Inalrumente at sanreyenee or duly cernl-
ned nowise thereat lamasery in Mowing a complete chain of Bile back to lays to the full Interest clalnfed.nd •11 advance paymwnla of rentals made 11.ra-
tinder before rgcew
191 of mkt domelte 149.11 be binding on any area or l,dlreet teelam.0, eremites, doylies. administrator, e1erut0r, or heir of Waris.
Id. Il le hereby .need that In the event this Nor shall be .1.11ned bee 1e a 9004 or 00 to parts of the above described tend and the holder or Owner
at •ny such part or parts shall make defeat In the payment Of the pr09artIonete pert of the rent due from him or them. each &clean shell not operate to
6.1.11 ar affect this tease Insofar a. It carers a part of Bald land upon which the Imam or ■07 assignee farm( .lull mate due payment of 4414 1.01111
11, lane. hereby w•rran11 end ow0a* to defend the tine to the land herein deserlbedand asrfeo that the 1,1.... at Ito option, meq Pay •114 4lecharlr 1.
whoa& or 10 part any 11111, mortgelr, Or ether Urns asinine, 1evied, or .ue.ad on or against the snore described !lode end, 1n event It earrrise{ wen ap4I0M1
it snail be subrogated b the flight. of 0107 holder or holder. thereof sod may reimburse itself by epplylnl to the dlechergs of any mutt 0.001.10(0. hal of ether
hen. any royalty or mantilla seaman 11,0knder.
le, 1rm.lth• 0144017 .nrthl.e In 11100 tem contained tw the earaaary, it 10 raprye17-01...d that II leasee ih.11 commence O11retlana for 4,1111,. et any
time .min ehle lease Is In frim, this team fi.11 rem.ln In feroi end eta terms .hall 00011010/ JO 10111 a each Operation• are p 00.01ited and, If prodtic110l
results therefrom, then al ung 44 produeuon continues.
If .1411n the primer? Ly
raisin. for she drilling Of a well ed
rentals In the Manner. and s404l.*t}
Meal from ley cause, tau Ilam IR
0rmatio, .hd /Ahs'#age shah,selle
Of Ulla lacy. P,od0etlm 0n the Lard pl.mlne0 Moll 0oaee from •'y eamm, tits lean .hall not tannins/1 pranced epe-
e commenced before or on the neat amine rental paying date: or, provided leen* 11egne 0r r0aumn IM p1ymrat of
r,InbefO0 prorteed, If, ohm the e.p1ra11cn Of the primary term er that hoes. 91Od0ce100 on the Waled premises 410011
/Tin telm10,14 provided them rosaries o erarbW for re -working Or drilling ■ wen within sixty Mei days hem even
I in fora during the py01u0tlm Of such operations end. H production results therefrom. than ea lung aa production
13. fdfaee La hereby,' given the right at Its option, at any time Sad from time to tela., to pool or =Also all. or any part ear parte of the %bore de-
4vibed land with ether hand, lease, or leasee In the Immediate vitally thereof, sash pooling to be Into milts 004 exceeding the minlmnm aide tract ria .kith
• Well rose be drilled under Iowa rules, or regulation. m taros at the time of soca pooling Or ualtlsatlon: provided, however, that 0.1111 Unite med exceed
arch minimum b7 not mare than ten serer it ouch egress le neemsary 1n order to ronform to ownership eubdlvlelon, or lean ].nes. Leese dial' emereise
said 0941011, a• to areas desired unit, by executing and retarding en Instrument identifying the unitised area. .may *011 drilled or op*ratl0ne coadu0ted on
any part of each ach 111111 .halt be mouldered a rail drilled or oper1414ns toodalt0d under this lean, and there shall be allocated to the portion of the
. bore de.crlbed land included In any apes unit ouch proportion .f the actual produO4lon from all well. on such unit as lessor's Intere.t, If any, la ooh
portion, Computed 00 011 ecreego bas1., bears to the entire acreage of such unit. And It IS understood and agreed that the production 10 etiolated Shall
be coneht,red for11 pur90lea, Wending the p0yment .r delivery of royalty. te be 110 entire production from the portion of the above de000111.4 Wad
to pila-
eluded math unit n 4he same manner A4 thougn produced from the above demrlb44 land under the terms of inf. less*.
13a. Lessor reserves the right to exclusive use +6f the shallow gas well in Section 3
11. This lease end all 114 terms. conditions and nd0w.tr0ne snail extend 10. an4 be binding on each of the parties who dyne ling lenge. regardless 01
whether such !emir Is named above end WS or whether 14 le alined by any of the ether pertlee herein named ea Iroeorn Thla leave may be slimed
in rounerroerle, each to hove the creme effect en the original•.
IN WITNIEa Weil -goo. .1 .len the day ens Year first ahoy. Written.
Whnye:
KnIg t,
e lKnitht
Printed by P&M Printing, 511 16th St., Suite
STATE OF .............CalArad.Q
COUNTY OF .......Cid,x.,QId
BEFORE ME, the undersigned. a Notary
day of 412.111.5t 19 79
'303) 8931681
BOOK 536 f cE359
Oklahoma, Kansas, New Mexico, �Wyoming, Montana, Colorado. Utah, ss. Nebraska. North Dakota, outh Dakota
ACKNOWLEDGMENT — INDIVIDUAL
y n
Public, In and for said County and State. on this.. ILEI 2 2
personally appeared Grant A. Knight
and Harriett P. Knight
the/within *let
�nQ voluntary aattti d.
t = 1 t4 W fl?) 3Sti �fir�I
My '£o'fga,ttission Expi`q o._.
? „ a
to me known to be the Identical persons...., described in and who executed
ent of writing and acknowledged to me that....ih..y duly executed the same as
he uses and purposes therein set forth.
thier free
1 have hereunto sat my hand and affixed my notarial–sealZe
the ay ye last above
March 25, 1980
written.
Notary Public.
STATE OF 1
COUNTY OF
Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah,
Nebraska. North Dakota, Soinh Dakota
,ACKNOWLEDGMENT -- INDi1VIWUAL
BEFORE ME, the undersigned, a Notary Public, In and for said County and State, on this.
day of , 19 personally appeared
and
to me known to be the identical person. described in and who executed
the within and foregoing instrument of writing and acknowledged to me that duly executed the same as - free
and voluntary act and deed for the toes and purposes therein set forth.
IN WITNESS WHEREOF, 1 have hereunto act my hand and affixed my notarial seal the day and year last above written.
My Commission Expires
Notary Public.
State of ACKNOWLEDGMENT (Fee use by Corporation)
ss.
County of
On this day of , A. D. 19 before me personally
appeared - - to me personally known, who, being by
me duly sworn, did say that he Is the of
and that the seal affixed to said instrument Is the corporate seal of said corpora-
tion and that said instrument
was signed
and sealed in behalf of said corporation by authority of its Board of Directors, and said
acknowledged said instrument to be the free act and deed of said corporation.
Witness my hand and seal this day of A. D. 19
(SEAL)
My Commission expires_
cc
ch
0
a.
1,
e
a
-a
a
1
Notary Public.
3
1
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
SACRAMENTO DISTRICT, CORPS OF ENGINEERS
650 CAPITOL MALL
SACRAMENTO, CALIFORNIA 95814
November 5, 1985
Regulatory Section (N12-82-113)
Mr. J. N. Burkhalter
Burkhalter Engineering, Inc.
715 Horizon Drive, Suite 330
Grand Junction, Colorado 81501
Dear Mr. Burkhalter:
I am responding to your letter dated October 24, 1985. Your
letter pertained to a utility line crossing under the Colorado
River, near Parachute, in Garfield County, Colorado.
The Department of the Army has issued a Nationwide permit
that allows for the placement of dredged and/or fill material in
association with utility line crossings in "waters of the United
States." Construction of your utility line crossing can be
accomplished under this Nationwide permit provided the work meets
the conditions listed on the enclosed sheet.
We have assigned Number N12-82-113 to your project. Please
reference this number in any correspondence concerning this
project.
Should you have further questions, you may contact our
Grand Junction Regulatory Office, telephone (303) 243-1199.
Enclosure
Copies Furnished:
Mr. Bradley Miller, U. S. Environmental Protection Agency, 1860
Lincoln Street, Denver, Colorado 80203
el y,
Grady
Ch , R
84 Cr*
Grand J
McNure
gulatory Unit 4
sroads Boulevard, Suite 207
nction, Colorado 81506-3975
Mr. Keith Rose, U. S. Fish and Wildlife Service, 551-25-1/2 Road,
Grand Junction, Colorado 81505
Mr. Jon Scherschligt-401, Department of Health, 4210 East llth
Avenue, Denver, Colorado 80220
Mr. Bill Elmblad, Colorado Division of Wildlife, 711 Independent
Avenue, Grand Junction, Colorado 81501
Garfield County, Board of Commissioners, Post Office Box 640,
Glenwood Springs, Colorado 81602
2
N1282
INFORMATION SHEET '
NATIONWIDE GENERAL PERMIT FOR UTILITY LINES
INCLUDING INTAKE AND OUTFALL STRUCTURES
A nationwide permit is a Department of the Army permit that is issued on a
nationwide basis for specific category of activites that are substantially
similar and cause minimal environmental impacts. Nationwide permits are
designed to allow the work to occur with little delay or paperwork. No
permit application is required for an activity covered by a nationwide permit.
Tne Corps of Engineers has issued a nationwide general permit for the
discharge of material for backrill or bedding for utility lines, including
outfall and intake structures, provided that there is no change in
preconstruction bottom contours (excess material must be removed to an upland
disposal area). A "utility line" is definea as any pipe or pipeline for the
transportation of any gaseous, liquid, liquifiable, or slurry substance, for
any purpose, and any cable, line, or wire for the transmission for any purpose
of electrical energy, telephone and telegraph messages, and radio and
television communication. (The utility line and outfall and intake structures
will require a Section 10 permit if in navigable waters of the United States.)
Tnis nationwide general permit satisfies the requirements of Section.404 of,.
the Clean Water Act. The following special conditions must be followed in
order for this nationwide permit to be valid:
1. Tnat any discharge of dredged or fill material will not occur in the
proximity of a public water supply intake;
2. That any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is directly
related to a shellfish harvesting authorized by Paragraph (a)(4) of this
section.
3. Tnat the activity will not jeopardize•a threatened or endangered
species as identified under the Endangered Species Act, or destroy or
adversely modify the critical habitat of such species. In the case of Federal
agencies, it is the agency's responsibility to review its -activities to
determine if the action "may affect" any listed species or critical habitat.
If so, the Federal Agency must consult with the Fish and Wildlife Service
and/or National Marine Fisheries Service;
4. Tnat the activity will not significantly disrupt the movement of
Inose species of aquatic life indigenous to the wateroody (unless the primary
purpose of the fill is to impound water);
5. That any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants in toxic amounts;
b. That any structure or fill autnorized will be properly maintained;
7. That the activity will not occur in a component of the National Wild
and Scenic River System; and
8. That the activity will not cause an unacceptable interference witb
navigation.
In addition to the conditions specified above, the following management
practices should be followed, to the maximum extent practicable, in the
discharge of dredged or fill material under nationwide permits in order, to
minimize the adverse affects of these discharges on the aquatic environment.
Failure to comply with these practices may be cause for the district engineer
to recommend that the division engineer take discretionary authority to
regulate the activity on an individual basis:
1. Discharges of dredged or fill material into waters of the United
States shall be avoided or minimized through the use of other practical
alternatives.
2. Discharges in spawning areas during spawning seasons shall be avoided.
3. Discharges shall not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the water (unless the primary purpose of the
fill is to impound waters).
4. If the discharge in wetlands creates an impoundment of water, adverse
impacts on the aquatic system caused by the accelerated passage of water
and/or the restriction of its flow, shall be minimized.
5. Discharge in wetlands areas shall be avoided.
6. Heavy equipment working in wetlands shall be placed on mats.
7. Discharges into breeding areas for migratory waterfowl shall be
avoided.
8. All temporary fills shall be removed in their entirety.
If the above conditions cannot be met, the work will have to be authorized by
an individual or general permit issued by the district engineer.
If you have any questions, or need additional information concerning the
nationwide general permit, please contact our Regulatory Section, at
Room , or telephone
0
RIGHT OF WAY AND EASEMENT
ATLANTIC RICHFIELD COMPANY, a Delaware corporation, with an address of 555
17th Street, P. 0. Box 5300, Denver, Colorado 80217, and TOSCO CORPORATION, a
Nevada corporation, with an address of 2401 Colorado Avenue, P. 0. Box 2401, Santa
Monica, California 90406, hereinafter referred to as Grantors, in consideration of
Ten Dollars ($10.00) and other good and valuable consideration to Grantors in hand
paid by BARRETT ENERGY COMPANY, a Colorado corporation, with an address of 1125
17th Street, Denver, Colorado 80202, hereinafter referred to as Grantee, the
receipt whereof is hereby acknowledged, do hereby grant, sell and convey unto
Grantee, its successors and assigns, subject to reservations and conditions below
stated, a right of way and easement fifty (50) feet in width for the purposes of
Laying, constructing, maintaining, operating, repairing, altering, replacing and
removing pipelines with necessary valves, meters, fittings, appliances and related
facilities (said pipelines, valves, meters, fittings, appliances and related
facilities being hereinafter sometimes collectively referred to as the
"facilities") for the transportation of natural gas over, under, through and across
lands owned by Grantors situated in Sections 34, 35 and 25, Township 6 South, Range
95 West, 6th P.M., Garfield County, Colorado, which lands are more particularly
descrihed in Exhibit "A" attached hereto and by this reference incorporated
herein. Said facilities are to be located along a line designated by survey
heretofore made by Grantee, said line being shown on Exhibit "A'• attached hereto as
beginning at Survey Point No. 9 and terminating at Survey Point No. 17, through and
over said lands of Grantors.
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 exercising the rights granted herein,
provided that such right is exercised without interfering with Grantors' use of any
of Grantors' lands, and provided that Grantee shall notify Grantors or persons
specified by Grantors prior to exercising the aforesaid right of ingress and egress.
There is included in this grant the right, from time to time, to lay,
construct, maintain, operate, alter, repair, remove, change the size of and replace
one or more additional lines of pipe within said right of way and easement,
provided Grantee shall furnish Grantors with ninety (90) days written notice in
advance of construction of any such additional lines of pipe, and provided that
Grantee shall pay or tender to Grantors in consideration for the construction of
such additional line or lines of pipe, a sum equivalent to Five Dollars ($5.00) per
lineal rod of such additional line of pipe within ninety (90) days after the
completion of construction of such additional line or lines of pipe. All payments
required under this paragraph shall be. adjusted, prior to payment, in Constant 1986
Dollars. Constant 1986 Dollars shall mean equivalent 1986 Dollars (as of January
1, 1986) adjusted, on an annual basis, to the most recent January 1. Such
adjustment shall use as a base, January 1, 1986, and, as an adjustment, annual
percentage changes from that date to the then most recent January 1 in the Consumer
Price Index, as published by the United States Department of Commerce, or its
successor indices. In the event that Grantee exercises the right to construct such
additional line or lines of pipe, 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.
Grantee shall, during initial construction, bury the pipeline(s) not less
than two and one-half feet below the then existing surface of the land, except when
rock is encountered the pipeline(s) may be buried not less than one foot below the
surfae. Following any such construction Grantee shall rehabilitate any and all
lands of Grantors which it may have disturbed to standards imposed by the United
States Department of Interior, Bureau of Land Management, on adjoining public
lands, or to a condition as good as existed prior to construction, whichever is
more stringent. Grantee also agrees to pay for any damage to fences, improvements,
and growing crops and timber which• may arise from its operations hereunder; said
damage, if not mutually agreed upon, to be determined by three disinterested
persons, one to be appointed by Grantors, one by Grantee, and the third by the two
parties aforesaid, and the written award of said three persons, or any two of them,
shall be final and conclusive.
Grantors reserve the right to grant additional easements which may overlap
the easement herein granted, provided that Grantors will not allow any facility to
be constructed any closer than 25 feet from Grantee's facilities without the
express written consent of Grantee, which consent shall not be unreasonably
withheld, nor will Grantors build or construct or permit to be built or constructed
any building or other improvement over said right of way and easement.
Grantors further reserve the right to the use and enjoyment of said property
except for the purposes herein granted, including the right of ingress and egress
to and from the surface or subsurface of the easement and right of way herein
granted, and further including the use of any roads or bridges constructed thereon
by Grantee, but such use shall not hinder, conflict or interfere with Grantee's
surface or subsurface rights hereunder or disturb its facilities.
Grantee may at any time, and upon permanent abandonment of said right of way
and easement and removal of all improvements constructed thereon shall, execute and
record a reconveyance and release hereof, whereupon the right of way and easement
and all rights and privileges herein mutually granted shall be fully cancelled and
terminated.
Grantee hereby agrees to release, discharge indemnify and hold harmless'
Grantors, their assigns, representatives, parent, subsidiaries, officers,
employees, agents and affiliated entities of any and all damages, injury,
liabilities and causes of action of any kind whatsoever that arise as a result of
Grantee's use of said right of way and easement, or the use of Grantors' property
in exercising any of the above enumerated rights, or any such use by Grantee's
representatives, agents, employees, subsidiaries, affiliates or other third parties
on Grantee's behalf, whether such injury on harm is caused to Grantors or Grantee,
their respective representatives, agents, employees, subsidiaries, affiliates or
other third parties, with the exception of any such harm or injury attributable
solely to Grantors' negligence.
Grantee agrees to notify Grantors' grazing or other surface tenant(s) in
advance of undertaking any entry onto or across Grantors' real property. Grantee
further agrees that prior to undertaking any entry onto or across Grantors' real
property, Grantee shall inspect said property in order to assure its safe
condition, and hereby agrees to assume the risk for any harm resulting to any of
its employees, agents, independent contractors or representatives from any such
entry onto or across Grantors' property.
The right of way and easement described herein is granted by Grantors without
any warranty of title of any kind whatsoever. Grantee hereby waives, relinquishes
and releases Grantors of and from any and all rights, claims, causes of action,
damages or costs of any kind whatsoever which may now or hereafter arise by virtue
of or resulting from defects in the merchantability or quality of Grantors' title
to the lands subject to the right of way and easement granted hereunder,
This easement and right of way and all provisions hereof shall be covenants
running with the land and be applicable to and binding upon Grantors and Grantee
and their respective heirs, devisees, legal representatives, successors and assigns.
This grant covers all of the agreement between the parties and no
representations or statements, verbal or written, have been made modifying, adding
to, or changing the terms of this agreement.
IH WITNESS WHEREOF, the parties have executed this Right of Way and Easement
effective as of the day of , 1985.
ATTEST: ATLANTIC RICHFIELD COMPANY
By: By:
ATTEST:
By:
Title:
TOSCO CORPORATION
By:
Title:
ATTEST: BARRETT ENERGY COMPANY
By:
-2-
By: i�/urr
Title:
STATE OF )
) 98.
COUNTY OF )
The foregoing instrument was acknowledged before me this day
of , 1985, by
as and•
as , of ATLANTIC RICHFIELD COMPANY, a corporation.
WITNESS my hand and official seal.
Notary Public
My commission expires:
STATE OF )
) 8s.
COUNTY OF )
The foregoing instrument was acknowledged before me this day
of , 1985, by ,
as , and ,
as , of TOSCO CORPORATION, a corporation.
WITNESS my hand and official seal.
Notary Public
My commission expires:
STATE OF )
) Sa.
COUNTY OF )
The foregoing instrument was acknowledged before me this - day
of 1985, by
as , and
as , of BARRETT ENERGY COMPANY, a corporation.
WITNESS my hand and official seal.
My commission expires:
}
Notary Public
erire fie 6, r
i ® 0ne AND GAS LEASeW
`�
AC. Jfah owl Je.ted lailda..._.1.0.f;,,,,,_,.,day of. De erase
pbr sad ic b•'CORPORATION, a Nevada corpora, e " . T -�--_ �--- _ y 14.��.. .
on
61 ,-..•,',..•""24 Colorado Avenue
ft or
•
`' % Cbtenta•Monica, California 90406
C.) {$ , hrrrinatler coke Jinn
whether one or mora
Cor p . ANT, a Colorado corporation, (} and
X ow 445.. TIrge. ,t§ r. „ 1l2,,, Lakewood, Colorado-$Q7
�Ialer ‘\ called loser:tie, wiTNFS5rrit.Iut.ty�
flea., Iw an4 L somite Ten
O ..s la bane• Gaid.'f+r�lyt of which la herb .ekawkdaH•r af.., sig).or taore
--.------DOLLARS
o r la heed.
and p.rlorm•d, led wad of the commas sad egreerne.0 Iserehafter oonielned ea eke
0 Q4 sets sad wlfoi lar the •e>. and pal fid, and ht and b time p d��, sots of hewn se
e.
�m reedy t .W Dbr�•l and all at►rr and 1n race ria rad ]mals,
o gWI Awl aha,. and laying pipe � a~ i poow�wd ow cad etr,;,tf °rna temp, ra �i°d'' � � �•,
I1 that tenets trot of heel, t•selher rlth u widow, ash sad lake sats a7 soy
a i tau ell..._.._ C542W y m"t" �' tights clay ,,sate 4t w Gusty o
ga �._...._».. , daeerlh.d as hlirwti w trier _. ._�•....._ _._
sou 663 rice956
fa waatdmsdea .f • sad ow a
See Exhibit A attached hereto
and eonalntng.„,.53]•,l4 „serer, men sr Ins. Is Ir
Year; from datesad i. h agreed that able lease shall remelts 1. force fora terry of...m„3lllg, •(1�
kin ehereeiter ae oil et ass, ell either of $ 1 produced fres sold lard by the haw, ite successors sad assigns.
the Premima the mad L.aa
3/ 2Q fire. Tire Lewy mall deliver le tis reedit of lour sate `
do marked p+ pen el al Doll produced
well fres the l p se, air 1 am% e la the ! hey wlise le att hew Jab y ho l ;Ale the Jul Sow et law
sad RV
yj
the wogas off premien. 3/ 13
pay how
the sanolaetara •t e1.4 ad� Vidae,lwham a the wall ler aha Msdawd bora any ell well ted
!f ae well 11 osismaleial a” card a1 tis peimia. ee im
both won,
.nrmwi..,h w sow Led K es bmf ro tho1 •L-_�$9Segmbe r n85
-, tela lass tahmU emm4ao
3/20
Sewed. 7e par knew g L the fm a the clay arab all le r.ta faro pip. 05 seyty sad pq Lwow
L c web s read e 1 prlw.dh rewired ler gra sold from each well when w Wka
Thud. To W1 k fogad, a lee ranker rely u
,i...o,* rel►o st oryoMaR• ooilisor..anhaewir ' r..> with ..arae rr
,-herb et
S�III wino sina= 1w d
�1 !' r•+u�dlawil law6latti
Aldo mall .p.raw ea a nsW mad corer the ptthWp .I dal
sad �Walie
des tuadam/eell SeIlks d speed diet 1115
Slid Iris head It 16
mub.ski le
tkrrgof
.wswJip .f thesaid. d Ii*d oe ay part
bed, th• anal •1
of • wall fur team entrees Ito acid data.eta Ilk meow
ally w ferehw dams/ for like paloda of Ike wee 'umber of ,oaths aorwelrely.
nd 1d1 den 00914 MA 1`I gtutad tetill duo wbm
is tuA oaf M r s the d issues
s .I eased* tint poise sionisid, ted ny sail gluier Oslo solani. Isessie
prealade tar:Judea d eels Iwo. Not ��� tth death natal et dm l o or hdur ila a is depaylia dew dun ~ Waned e ll ��`
laur•sls toe payor .r alalic, .i
Should try wall drilled .e the Lad lion described b r a.i• of the primary tern
d7 talo or saw w eo. rad there me w.11 a soles .,the
.rola a am
land or drilling salsa. ere *q Wag ceidmtad rbtes•w, thea cad le that rodeo.
well L ora nsscod helm �tl ittlx
Ibis - •shill wrrthaw a w both penis.
bole or eeswd.a .f produetlee. shall name the mewed .f ren 1i the earl 'wow and L the ware menage
'peed epos rewwplioa el Jo paymeu of restate, w ah.te prodded, die hat prandial paynpb
elect thereof, Jail soothes la Loth u though then had bees so IsI i des la the
wawa et ase tliw erb+ego•at to ninety 1901 days prior be the he
accessary h kw te keep the law Is kdura
shall .eam from say moss,
ahoy (90
ee u it t.
of muds sad the
a hale pari Ld R 11 twad.e800.
wham tem as ere
• primary tormm. 14 after Ilea Joinder pnarygust linedspondees
�estie•
to if hew ,lora.e mod
ales d M 11' res e adios ilia well er �*•�� de
.hall nada L few •ri rates
other Lada wile what laid leads w peeled sr usdded, wild is wrath .f paedeelag le paying • but
slur produciloa thelia,., end 11 Doti•rairom 4 aro being sold Off teed, bussRammo r w apar send.,
torr bask waled L the ens, a tri' r, ., tia gas o r•) 1. dee wren, at aider mush payable trade tido
the i1ut•ta malty maw dais. se horde dafs.d, see ocaroltta dile tb.sp4W.s of
u kids date sae kw sus well le gor8wosd ead sold or rod. 1a like masa .
well remotes Jath how shall who I of abuda W ro
ywadd.r gall he .saddened seder
the pa thanlr.pa wore woolly
41,1111aq, all W
SAW en
WOWS la the dryod.
.hall be "WA .,.r Were
1M dam iii wen was.1.t .51... prise
ter. A clam nyaloy papaw! dill w mat gra
=NM=NM sad gad wa11 capable el prodedai le pa r/
w i pr•declsi wall sad ebb Lar .4011 be la 1•..e sed elect is like mown., w tts•s/ir
er owl. The tow "gas weir Wards mak eapeilo el weird soh esedw
sad walla ehwlded io amwile by s'i io erw
satal ,.lienar. The farm "%Wide wary 'weaselSeball
.t• ' tel
Ws Law If while Yrs "dewy um; all say iahugai*$ subway Ihoral, if sitar iho primary we, or ay Jai.
11 mid lends own a less iuernt la toe Awe described had this the stun ad eaditlied for aleph shale bells thea dm wielder ted muds
Wel' provided shall be paid the hew oily la the 7e pe/ilea which baa • biers to Ib whole sad ' ice.
Lewes Jolt hive the right re use, fres d sow, gas, ell sad wooer produced ea said had ler kr writhe. dormer, nape water fres will4
and reservoirs of hoar. Lowe shell hire rhe right et err Ilam le evert 111 maehiwry mad futures plead M Mad premiere, Iatludlall til. ,Iger
to draw and repairer taring. ,
Leasee .hall par for demagog soured by In eperad•.e ea ash lauds. When rrgwrted by the hero,, 1.u.r shall bury kis pipe lien below plow
depth. Nn wed{ .hal[ be drilled Ikea ZOO (set to Iles house or barn tow ou said premiere, without eke written mores, .4 the kiwi.
or Iuaos to tb. vicinity - l u say time . heel tires ur rima, whether haw ell after production, w1on is
aluble to ods w for too geoweetioe el woos and the potwrvothe and wawa ultimate mew” at ell .r is.. Such
r to«dias +r els the wow ww prescribed or waked is way Federal es BW* law .*dr, Me .r nsuiauw fm
obtaining Ise a+1slaium allowable producible lora one well, err g4 germ wee fw du
oh. prosdo 6 64.
.blchss.r is ribs larger, Noe a rokraswe wor the ailmxar mew .f 44 ..r.. for Ike
additio.d 'creep. Iso my Irnsulw town watal d.hdirad., or W 1r
ti lb* office whew this leas L ro•orded an lsatrueent Y• •
velopereer cad .parades on any -n of 1
be considered and eoaaywd, ea
premiss_ under
the r• "1 1w de.
.r ad.
. salt or eau not
w operation .1 ewe well, e1 fee
acne each ler the prodrolloa .I gee,
• oil .r 640 see. Iso the produollo• of we or herald.
roof. Such poplins shall be elected by wee's ii.ct3ng and klieg
mrlhlsg the peeled acreage. The pr•duceloa el pooled •ubot►sc.e .ad de-
iec1 11•01w ormmereemwet. drlllanu, templet** red *pwatioa of a wall thereon, shall
lona carie. •sees far elm .payment .imalty. ea peedoNya, iemdopmesl and eperell.s on the Weed
The royalties Wein pr wldeel alma •rew sad be paid 4e Lew •• meted ahmea a. produced frees all salt i■
proverdm, leu Lara await lowest L the Lai wrested busby sad gond in the mak bean li t4. teal wow la
II the ewes .4 skim party hereto h 'salved, sad the privilege of bilpsiag le whole et 1e put le mereeiy allowed, the annum hereof shall
round to thea, Wm, •iseruri. admtdetretorts kiae.awr or rashes., h.I ell *horse le the •warrahlp of rhe land w adpraenl .1 natal' w r yatlew
Jell be bindles on the lessee mall after the haw kao been lureleked softs 1 wrlltea yowler re and nmeal or a «.141.4 copy Iker1efi and It 1. hereby
_peed is the creel tib lean mall he wiped is ro s pan or ports of the ahem deowlhsd bide awl the ail(Iaos w .algaeea of suck pin or pith Jill
loll or mike drlash hothe payiwal of the propanh.ate part el the won ire fres him •e them wok &fair shall cow .parse to dried or afoot ski.
kw In en lir u II MOO 1 pee w parts •l mad lands wIde4 IM old Wm re soy aestaws* Ihrerof droll make due piyet t el Yid rentals. As snare•
meat of this haw, la whh . or la manta dial m e the •11111111 of welt wigwam relieve •e4 elleeltetes 11r how el elk ahlleart.ar h•reud•r.
AMP elllhaYl amt '57a/zs
Dom 663 ra956
'. . kir as In 411.01L AND GAS LEAS
1 ACRE ..)dada teDecember w
and sad la!e iWa.....1.19.t...A-sees.
y sad Int rstiai, COQPO) ION, a Nevada corpora' t� own, �
i ,, .••""240 Colorado Avenue
y :' «irnta alifornia 90406
le of �.U. 'Monica,# , hereinafter rolled I (whither one or mond sad
� 0°
�A • M ANY, a Colorado corporation,
, 6,1 405 lJrtdaniP„'Are .''112,, Lakewood, Colorado 80i%t srer salad I
9erITNFS.S1:1'fi,.Tlwl.r>;004 L■aor, fir nod i• .■rddrlsfea .L Ten 10) Or more DOLLARS
a a1h is bond Z.4d, .riodgt of whit& I■ bash rr a�tke�owledeed tad of the etre■eau sad aaresmeau borsdeaftar oenteht.d w Mor
the g+rt .f os to
paid. kept sad performed, has graptedr<leWs'm. lamed, tad Mt and by thw wows due veal. Wan, low and het 0144 t1e said Mora,
Q. auooloaOr■ aid serge. Ina this eels «d` sell purpose' of wowing 17 r iapeal. isophysleal mad an Naar 'methods, whim tad wwatiaa
uar*1f wad W. and hying pipsted ammo Liths, power 1lat1.. sad Nrwourot throw to predmt% tali aid tike tab .1 sed proda.b,
9611 that torula treat of land, tep6e with any mrsalasary ri11M therein, 'Rush la the C.wty
tuu described «!dhows, ha wilt.
1 cg
;(7
Sea Exhibit A attached hereto
and containing,.„..5.31.40 acres, more or Ina. It is agnad that 111, lona 18111 remola 1. Fara for term of..._..9.0.....(1.)._
,ter rig from date, end ■o long thuroah.r as oil or ga., or either of tMsm, is produr.d trout told laid by sir ban, ler .ucaaaers and assigns.
1a condderatioa of the primas* Oa said Mia woman* and aims: 3/20
3/�a The lease shall dibur is the mode .l War a royalty, boo of eels . tie pip. 11x1 i which less may wan., the opal
part of nil .el produced sod .arid Iron Ike Maid pri■alaw, or, at a. spdia, sial bay Of loll suck 011111110.11/royalty sed pay how
r .the marker prise for oil .1 like pada .ad p drea4Utic
.g is s held Mr'se tic dee, arab ell la ren law pip* Ilea or tato storage snake
6 11 .1 ' . 7. awe, Itwor�cithla if Re pso..ds received fir au add from web will whew pa* •aiy L loand, or 114 rark.t sal« ere
LIN wo11 of lurk pi Mold o: pramMlo. Iy�
Third. 7* pay Jesus feraulatelicalgt3o Lia market rales at ib* will for as predated boa aay all roll mad rod .p tL prrl.ew eta let
tic■ manufacture M ca.iughgad proline or dry tsmmeeW pe
11 'so ren be oomsYlod ea lad Mad ee oe Wars tl•. 18 t day ala_,,,,, December 1485 flak Iwo .WI toradaau
U te both perdu.
Raab at
or ha wc6....r r *omero-i, r May bomb wick *1318 M may he mwoodow otanUdal■d, r whish
thereof, by p.rciws w .therwiao, which aka11 omens. as the depositary rysrd1ow of thin
"^aro err awes or may part
ownership of the aald had. he am of
--DOLLARS.
whisk shall operate as a sad and outer tics prlolMp .f def .1 a will for loth math. hem add dais. le Like career
sad upon 11ko ptymento or *edam ihu. sees may he ludo* deferral far libe period. of the tae..sobs of months ,aoo..deely.
And It 4 understood and agreed ileal ab.... ru4lyd 8.44., the don puout. toren net agcy theri1.ges panted to the date ulna
said
., pre renal 11 ails u .. - aha do kiwis wake .f atcliedfag that u alnruald, sad uy as all Wan rights wd. fwr.Rawls
sur4 may be i.Lited by Manna of i.atal es err Wore tico sad pw,tig data shall be d..msd s tinaiy'radar
'luso( puha* to/skilleta1 Ilia Mus. lo nu daub *e tho leas m 81. noatarr la .teas', the pwyrent es wader al
boles Cearrlfoa.f produmlos, .8.11 mew e&o maw of mea Ia the *am■ woad .ad lr 18. nam* wow
soared al th
mite/
upon resumption e payment of bete lo tic. M
above presided. M rrs*droamparagrepk
effect t8areol, l ...thew la fora 11 though Uwe ked 8... soIit.nsption roam
teeae6 at nay *IoM aubsegwest te gluey (901 drys Fill te the be
n ecessary la order to kora tic. Lam l• lar'e durl
shall Deese from spy 11111,
w isely (90
of the primary tern
eg well or wens .4 the
pule..
itpayment of rentals sad the1.
a hal dri hd U praised°.
primary row, na nodal payout r oprratleu are
prison term 11. alum thn aaphatlsa el the primary lona hereof, Nodose..
M U Mau rower 1011141.4 lee ari4doe tho p . ops sm 0 = �Y aid, mo with*
It prodasolom
lases dual nada la Ions and sew
otkr Lads with which said leadf are pooled or iIhiald. which is multi. of pad.dai i■ paying o het
after product*. thsnfrom, and (5.
dri*..1411,or M mot halo; .old a Mud, hewn agrees eto pay oe twit + wain la the doped.musedgory bank mused . the Issas, rR
loess, m24 a its ti aeake�aa►magosat of War natt4 yiafya� sailor thin .h.11 bo mad. w m before
aha shut -la wysity wow1uo,11. border au.4. 1 Ilba swats *wham afar tha .hut.. Ili will l was ahaeie, 3. i. prior
w sub dots ger beat Oa well i. twyelty puniest date while wit pa
well reads. Asada.artas aka who 717_41 ed .hat•Ia pa os smut end meaner. A pe wall upbk .f piodad*g la paying
quantities .hall la .Y.Idtod .ado .II se a proi.dag wail sad ehla Ler Wail be lam sed Lmha aw Y Ough
aa
tbas therefrom we..aftend.
y r' Yid er Tico Mrs `ger walla shall .shade wsllo Y .1 poodusimg auroral pea, oe.darrta,
dbelllate, se any • - sad tuna duelled u1p gas
w La by sal 7lm.mis 0t1l ualierily. Th. t".&ii.k
ia royalty pumas data' ill
aaa .s • N et saa,5•. ladeImo db.
711 61y he et say w&NMwl aMi/rery' Owed, n Jim t&. primary Irqr!
Ire, or .ai.
-kw
II mid 14w ow a Ma haws la the above d4.ribed had !hag the oaths aid .adl.id■d fa alma. akar thersin, *8.1 elm .. a and rent.h
fascia prodded .fr11 era pad t&. Meso seri, is th. -peeped*. which his Iataut Loos to the *Sola and ' lee.• N. 4._, ..37.I ._d ail les
Lime shall have tics right te use, from of .o1*, ga1,.11 mad wafer produced s* w4 laid for h..pararlsne there.., wept water from walla
and olrs of lautor. Lao.. Wail have the right at .ay duo M raw, all maridaary .d fl mss plead . iald proalwa, h herding ilw deo
ce draw and rrm.v. untag. '
Lessee .hall p.y for damages elu.ed by Ln .p.r.rios1 ea *.W Irad.. Whoo ragwssd by lake Mair, litow shall bury his pips fines below plow
Jrprh. No well shall be drilled atartr t8.. 300 feet t• she hots GI bum tow gen said premises, without the written worst of the ka.or.
or lease. is Iho delatly .t may time me from dm. to Uta. whnthr before r titer produerlo.. when Is '. Jud .. t It I ' ter ad•
risible to do es fat lie prrroatlsr of waw sad tics araaenatlaa mad pelmet 111ls.t1 torev1ry of 611 or ger. SW . Nog 1 ■ .It or malt. sot
. sa.dieg in 4511 the swap proscribed or required la say Federal et Sow Mw, ardor, nth .r tulIuon for• . or operation of oa6 well, r for
obtaining the euslmum allowable prednslea froom Oslo rote, w 80 altos qeh fa
r *5. product!. ! , Yrs oath for tie prodwtloa of gni,
whlcbaser 1. du Lugar, plus a folic*** ares tbo taaslmwa area of 10 woo 10/ I1. .• o 011 .e 640 11111 Ina 11u producllw of gas to include,
additional nomas fa any lrroge1ar gar•rame*tat wbdiridw w lot ee • ret . Such ng .hall be 'lewd by lwris isueu ng *ed Mho
is tabs ofkes whore turn lease Is recorded a* inurnseit l• tan . lorib'ng mice amain The production of pooled odea ....ad de.
relopmem and operation. os any • • • n el a - • - .. 1..1 • leg rhe eveworseemrat, ddNka. eoropl.tlee tad apretlo. of a well thereon, ■8■11
be considered and e.aruad. an. wow .fat, harp for ■8. payment .1 royalty, u predwt deuittru.t end *parade. o. an
the ld
granites 1.dr the The royalties Morels presided mhall'menu rod br pdd w later au �id wh iiaoosptodueod 5*. say wilt I.
afar r.. • "'� le the papartimr. 180 lint's sewage irtirott Io IM Lad ...red hereby and Io the omit bears to tho 1.1.1 sweep in
if abs ewes .1 Alm part, haw* la a•algaid. aid the privilege of at.dgalag (0 whale or la pan k nipwly allewad, tbo unuonta Woof shatl
e xtend to their Iran, s..cutrt, .dml*Istrat.r., suo*srn or minas, bet no chaos. in the ownership of (hit hod a asrlsamenr of natal. 11 royalties
Aril be bindl...a t8a Muss ..*1I after *10 lessee hr boon (ur.lsbrd oil& m onus. haulm it **homer" er a cerebra e°py thereof; and it as hrrsbr
speed 1. the treat Item team dull b* lI.Iped so to a pars oroar* of 11e stow deuribed lend. and the telpuer Of .44p.*. of such port Of pons shall
fail or mkt daub Nibs pylon' of the proportion's Tart oI the tit** duo (roes Mia or them. sub Moult Wall mm' operate to What or ■ft.s this
haw as so far u It autos pan at pare of add lands whisk the aid knee or arty gutai.e *frivol shall make des payout of ala nasals Ar ara.tr'
mane of IMO lata, . what w fa part. shall u N W .aj .1 mash .ulpmeit Follow sad disabuse, thr Iww of ail ##dlsarf,n. f.ratobr.
MYR'l ( r
�r ouv was rjut Zu
ly.t h, e} rya two Zig% d by *ay er {NAM s, oarnhobilioU.r aueor et with
MdaA. A"'er p�Me:Mir �� a d ensu. You a Fadr. roads, oemmtad4nr or oemmlrrar
porno a. a sada .a et as .l mar *mob bill w mama, .ban mol oimWutwa rklatioo elm el as hare. el al' Lass .r bi considered a
brut! 01 err eiars:.bllpII.,. arrenanl, eadateklaa. asodide. w .doodads* coosol od'lrsnls, tar Alan It be or 0eaadtats s earne 41 '4 urminsrio.,
lorlatun, lingos rt t resd.d.i Yr mals r Wood ietrlr tui hereby coated Auld est M. on shall say mal . 0PU.ais mala ear Hoke el sorry
ns
et boo* ilia bads of am Mint kr douses or salt fur for f. d.1trs r amae.Uimaa banal sad while coy oak purport 1e be la Ieros a deet they
shall, wham complied tab by helm r aalpar to die atm a( ugh eanllana oIH1 ea t.edIAeatk.e .1 tbs laws ad aurdithcsa el th)a leas where
blue toseat anemia, '
Lanes shall Ian tkr right M dell u seaiplanoa with reengage Mimeo sad dlgasob (1) any roll seeaneed elate the urn e1 1hi. hue
g ad (11 *my r,dl aentrmnd dwbps the mulattos .(a well vklek has how .,terg a( rlthla seek urns. II al awl Jae r olther eI diem be 10004 la
yamsgASIAtis w WAWA w0, lie Lads shall outlaw ad la la Mea with Lbo elrt at !a sub w.Q b.i Iso. ee.7Mled wltka the erne e1 Poo*
bads bra sratie.ed.
Lease. rear at Amy dem .rereads eels Less, 1. whale .r Is sn, by d.)irsrl.s or nu1111 i a Meese a as Isms sr by pleas a release ea
record la So proms sassy.
Lowe Irrly t9iean. Aad rrlbqd.4 err Ask el Yeee.t.d, &sus or tunny they r althea W Asa tray ban lar M the hued Iaad.
Image hereby won diet 1 . {ane shell hoe the riihe et art dos M
edea 1.r 1 ... u, say tares r .atbd M mat. by payaoda Dom a. the are ds1i.da tbs at el 60* .1 PoTalat M law.. and h..ab.
spud u tin &Om d the hadap
Mate lone amd uQ ie taco, auditions aid stipulation. Wadi sack neanag Ler ud chap mud M Aad be Maass ea hie odpa hairs Lad
Intim and semensu and time at in logy Omsk ..sipsd ti ether Ls.. Saeed hrrsia,
See addition& provisions on Addundum attached hereto.
the day wryer Int ahe+i"ilhiea.
.. - (SEALY " TOS CORP
BVI
thins Peza;7t'7Ei,"'—."'(O/fAL)
(SEAL)
(SEAL)
(SEAL)
(SYAL) (SEAL)
tTATE 07_. California ._ Y wdab•s yle(.a+k lfasteas V • .. -. - -
OtJ7aTY Or Lor Angeles �Q�-11�I� U
RlL >Q the Ada leaed, a Pub$ IS sad 10 .31 sad $sop +� -.. `_.,(7 du e(
'r� it pima*Q*•ln --JamA b.1rrrsr_ne-
, is as barn le be.lhs 1dealkal Vic,
old nbaswLdpd IS s.. st,.. hit._
ser sad papule *ern& lit Math.
�Ihs y as stirJest aietia_1td iso.
d
Israllsd la sod rile
anrsd the nos
P1 WITIMM O
iy CCaafadr.
TAT! 07
0u11TT 07
Astrisak.ate, Kenna, Kamm
Marigajoil1r�lft ll@ IDUAL
UsaL.
MORS IIE, the siediwd.. leggy Pune. la ad ire all County mad ems. en *I. day d
1 ,1arensareppooria..
lid , so se i,e.wa so bs des ldonttaal
galis.d la Aad wee ewaoi the vials ad lreplek lleyast rf�lasif'ki -ia/ !Will * lla ust
nserd the eree aa.., arms ae�! tris. }r?ssa Ihada eri
171 wrist , 1iRplZO?,1 baps hamar est ray bid ad bad aq Nadel mai theday and Yam int •.lamb wrh1ie.
ly Cwael..ier Egan,v Nasty lehMr
tTATE OF
OUNTY OF
Oa" o/
1
-4 helm ale swasel—EttigasL
to rs menu* law., alai ban by s.. doh wars. ad airy that be Is .446..`=.-..
mad Arae esal ahead a the Iceman
llama aid d mla behalf as add dos
erpridse by maturity if ler Surd el
_ __••,.aarteiledpd eald'lastreaaat u In the Ire
.0611
•
. • a 1
.• e2i 40
sal the day ad year he Am vans
/} f� ,I �y /� U RIGHT OF WAY AND EASEMENT
T1IY U/1- P/,/7 PP[.)PERI I LTD Grantor(s), of /)//E6 L -O ) Co ,
does (do) hereby sell and convey to Barrett/Enegy.Conmpany,by Denver, Colorado,
Grantee, for the sum of b1)/'--ff/liY.,61/1d-I;%pETy.05 - (Wq0— ) Dollars,
and other valuable consideration, the receipt and adequacy of which is hereby acknowledged,
a right of way and easement fifty (50) feet in width for the purposes of laying, construct-
ing, maintaining, operating, repairing, altering, replacing and removing pipelines (with
valves, meters, fittings, appliances, and related facilities) for the transportation of gas
over, through, under and across the following described land situate in the County of
1;AFIE L-1) , State of Colorado, to -wit: 7-g5'/ g95141
NC SW, NAYS an4 SLUNE Sec �S
Grantee shall have the right and option to select the route and location of said right of
way and easement and the center line thereof shall be shown on a plat or map filed for record
by Grantee with the Clerk and Recorder of the County in which such land is situated within
ninety (90) days after completion of construction of such pipeline.
There is included in this grant the right, from time to time, to lay, construct, maintain,
operate, alter, repair, remove, change the size of, and replace one or more additional lines
of pipe; but for any.such additional lines Grantee shall pay or tender to Grantor, or to ,„
Grantor's credit in the k Bank at.
(which. Bank and its successor shall continue as the depository fegardleas of changes in the
ownership of said land), a sum equivalent t05 per lineal rod
of such additional line, or such proportionate part thereof as Grantor's(0) interest in
said lands bears to the entire fee, within ninety (90) days subsequent to the completion
of the construction of such additional line.
Grantee shall have all other rights and benefits necessary or convenient for the full
enjoyment and use of the rights herein granted, including, but without limiting the same,
the free and full right of ingress and egress over and across said lands and other lands of
the Grantor(s) to and from said right of way and easeuent.
Grantor(s) hereby warrants and agrees to defend the title to the above described premises.
Grantor(s) shall have the use of such right of way and easement except for any use which
conflicts with the purposes for which this right of way and easement is granted; provided,
however, Grantor(s) shall not build or construct nor permit to be built or constructed any
building or other improvement over or across said right of way and easement.
Grantee agrees to bury all pipelines so that they will not interfere with the culti-
vation of the land, and also to pay for any damage to fences, improvements, and growing
crops which may arise from its operations hereunder; said damage, if not mutually agreed
upon, to be ascertained by three disinterested persons; one to be appointed by the Grantor(s),
one by Grantee, and the third by the two persons aforesaid, and the written award of said
three persons, or any two of them,shall be final and conclusive.
1 d cG.hds,r, . -iva. d - et—d a tt�r a
This grant covers all of the agreements between the parties and no'representations or
statements, verbal or written, have been made modifying, adding to, or changing the terms
of this agreement.
This easement and right of way and all provisions hereof shall be applicable to and
binding upon the parties and their respective heirs, devisees, successors and assigns.
IN WITNESS WHEREOF, Grantor(s) has(have) executed this Right of Way an; Easement this
day of , 19
STATE OF COLORADO ))
COUNTY OF GARFIELD 3
Tlif foregoing Inst ume t was acknowledged before me by
u e:61:51-1. 5c i ++
My commission expires. \ 4r t 2 tl 5
SS.
4,
rq-4.6
4 u - P r ia
/41 -Al V IL -
/ of v ps Pi2a,L,2Tj( . 47-P
_1).9-cem5 2 2 3, /qp r
this 2 day of .Q,C,t..yevl1-NL. , 196 .
otary Publ c
ADDENDUM
This paragraph is an addendum to and made an integral part of the Right
of Way and Easement Agreement dated December 23, 1985 between Anvil
Points Property, LTD. and Barrett Energy Company.
Granted its
constructed
natural gas
will at its
all related
property to
successors or assigns agrees that should the pipeline as
be abandoned or for any reason is not used to transport
for a period of two years, Grantee its successors or assigns
sole cost remove all pipe, fittings, values, structures and
facilities both above and below ground and will restore the
its natural state and condition.
4ENf-g,414PhY27'NE2
�xlt/ic. Ro/ u7S LTD
_1),4L 4eez 23, i9 s-
STATE OF COLORADO
DEPARTMENT OF HIGHWAYS
222 South Sixth Street, P.O. Box 2107
Grand Junction, Colorado 81502-2107
(303) 248-7208
November 8, 1985
Burkhalter Engineering Inc.
715 Horizon Drive
Suite 330
Grand Junction, CO 81506
Dear Mr. Burkhalter:
This is to confirm that a utility permit will be issued to
Barrett Energy Company to place an 8 inch pipeline on
Department of Highways rights of way between Parachute and
Anvil Points.
The utility permit will be issued when all specifications
have been agreed to, and just prior to actual construction.
Very truly yours,
R. P. MOSTON
DISTRICT ENGINEER
By Kt -1 I. . •-�, ,�
K. DON THOMPSON
District Utilities
KDT:Ib
xc: Moston
Wal ck
File
i
STATE DEPARTMENT OF HIGHWAYS
Maintenance Section 02
Grand Junction, CO 81502
INSPECTION RELEASE FOR UTILITIES DATE
Utility Company installing or responsible for this installation will return this
release to State Department of Highways, Box 2107, Grand Junction., CO 81502, only
when project is com1leted and this release is sijned_bj proper area_Senior Highway
Maintenanceman or his degnated representative. I,
Senior Highway Malntenansiceman or Representative of Patrol _, Address
Telephone No:
have inspected the installation area for the State Department of Highways concerning
the Utility and Underground Permit No: 1K52/ . I find the area to be in
good condition.
2/car ca,v4c7
D out 'V /c, 99.7.3?
Utility Company
Authorized Personnel
The traveling public must be protected during this installation with proper warning signs or signals both day and night. Warning
signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the District
Engineer or his subordinate. Traffic control devices shall be in conformance with criteria set forth in the Manual on Uniform Traffic
Control Devices and the Colorado Supplement thereto. Failure to comply will be just cause for cancellation of the permit.
SPECIAL PROVISIONS: (FOR DEPARTMENT USE ONLY)
THIS 6" GAS LINE WILL CROSS UNDER I-70 AT MP 77+1524 AND WILL BE ENCASED IN LARGER DIAMETER
STEEL PIPE WHICH WILL BE BORED. INSPECTION HOLE WILL_E ALLOWED IN THE r ► • : eiTH EE
EAST & WEST 1-70 LANES. TYPE 1 BARRICADES WILL BE USED AROUND THIS OPENING. THE NORFRONT
AGE ROAD (SH 6) WILL BE BORED AND ENCASED ALSO. THE CROSSING UNDER 1-70 AT THE RULISON
STRUCTURE WILL BE OPEN CUT, THE SPOIL WILL BE PLACED ON THE TRAVELED LANE LEAVING ONE-WAY
TRAFFIC DURING WORKING HOURS AND THE ENTIRE TRENCH MUST BE CLOSED AT THE END OF THE DAY. NO
OPEN TRENCH WITHIN 30 FEET OF THE NEAREST DRIVING LANE AT NIGHT. THIS WILL ALSO APPLY TO
THE CROSSING AT THE ANVIL POINTS STRUCTURE. THE ON AND OFF RAMPS AT RULISON MUST BE BORED.
WHEN THE JOB HAS BEEN COMPLETED THE ENTIRE DISTURBED AREA WILL BE CLEANED UP AND RESEEDED.
THE DEER FENCE ON THE NORTH & SOUTH SIDE OF I-70 AT MP 77+1524 WILL BE OPENED TO ALLOW FOOT
TRAFFIC ACROSS 1-70, TO AND FROM THE BORE ENDS, THIS FENCE WILL BE CLOSED AT NIGHT. ALL
CONSTRUCTION EMPLOYEES MUST WEAR HARD HATS AND VESTS WHILE WORKING WITHIN THE HIGHWAY RIGHT
OF WAY.
ALL CONSTRUCTION SIGNING MUST CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES PLAN
AS APPROVED BY 111,21122111 JIM BRAGDON.
SLE # jAGf/LL
ARTMENT OF HIGHWAYS White - Applicant
ATE OF COLORADO (12-19-85) Canary - District File
/ISION OF HIGHWAYS UTILITY PERMIT Pink - Maint. Foreman
DH Form No. 333 9
/ev. January, 1983 Date /2. / — 19 35 Goldenrod - lnspecror
�
DIST
• PERMITTEES NAME a i : - a� : t.l'-' i
SECTION 02 09
oz 1 E29�`) STC / (r PATROL 09
Address IN' I- p A) DICev--D PfYan - 1 y221I PEER��MI1 IIT NO 4571
//��MS'3--/
Your request for permission to install a f tPe_L/ Jtre along and/or across State Highway No l__[uat fr/�7 �
is granted subject to the following terms and conditions on front and back of this permit. •
IT IS UNDE=RSTOOD that the Permittee will cause the installation at no expense whatsoever to the Division and that the Permittee
will own and maintain the same after installation.
An underground installation shall be beneath the surface of the right of way at a minimum depth of inches, and the
disturbed portion of the R.O.W. and roadway shall be cleaned up and restored to its original condition. The back filling shall be
made in six-inch lifts and mechanically tamped and packed, and under the roadway the last twelve inches of backfill shall be stable
granular material such as crushed rock or gravel. Compaction shall be in accordance with Section 203.11 of the Standard
Specifications for Road and Bridge Construction.
This work shall be completed within NINETY ( 90 ) days from the above date. No work shalt be allowed
on Saturdays, Sundays or Holidays unless otherwise specified in this permit. No open trench permitted within 30 feet or traveled
roadway alter dark. unless otherwise specified in special provisions. C.D.O.H. must be notified 24 hours before work commences
on R.O.W. or if any changes occur on the job C.D.O.H. may restrict work on R.O.W. during adverse weather conditions.
Aerial installations of electric and/or communication lines shall be in accordance with the National Safety Electrical Code. The
Permittee shall maintain the installation at all times and agrees to hold the State of Colorado, the agencies thereof, and their
officers and employees harmless from any and all loss and damage which may arise out of or be connected with the instailation,
maintenance, alteration, removal, or presence of the installation herein referred to or any work or facility connected therewith,
within the area covered by this permit.
Permits involving encroachment on the National System of Interstate Defense Highways require concurrence by the Federal
Highway Administration prior 10 the issuance of permit by the Division of Highways.
The traveling public must be protected during this installation with proper warning signs or signals both day and night. Warning
signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the District
Engineer or his subordinate. Traffic control devices shall be in conformance with criteria set forth in the Manual on Uniform Traffic
Control Devices and the Colorado Supplement thereto. Failure to comply will be just cause for cancellation of the permit.
SPECIAL PROVISIONS: (FOR DEPARTMENT USE ONLY)
THIS 6" GAS LINE WILL CROSS UNDER I-70 AT MP 77+1524 AND WILL BE ENCASED IN LARGER DIAMETER
STEEL PIPE WHICH WILL BE BORED. INSPECTION HO E I e,1 t , .r LI i !1 t ,JEEI
EAST & WEST -T---74 LANES. TYPE 1 BARRICADES WILL BE USED AROUND THIS OPENING. THE NORTH FRONT-
AGE ROAD (SH 6) WILL BE BORED AND ENCASED ALSO. THE CROSSING UNDER I-70 AT THE RULISON
STRUCTURE WILL BE OPEN CUT, THE SPOIL WILL BE PLACED ON THE TRAVELED LANE LEAVING ONE-WAY
TRAFFIC DURING WORKING HOURS AND THE ENTIRE TRENCH MUST BE CLOSED AT THE END OF THE DAY. NO
OPEN TRENCH WITHIN 30 FEET OF IME 13EAREST DRIVING LANE AT NIGHT. THIS WILL ALSO APPLY TO
THE CROSSING AT THE ANVIL POINTS STRUCTURE. THE ON AND OFF RAMPS AT RULISON MUST BE BORED.
WHEN THE JOB HAS BEEN COMPLETED THE ENTIRE DISTURBED AREA WILL BE CLEANED UP AND RESEEDED.
THE DEER FENCE ON THE NORTH & SOUTH SIDE OP I-70 AT MP 77+1524 WILL BE OPENED TO ALLOW FOOT
TRAFFIC ACROSS 1-70, TO AND FROM THE BORE ENDS, THIS FENCE WILL BE CLOSED AT NIGHT. ALL
CONSTRUCTION EMPLOYEES MUST WEAR HARD HATS AND VESTS WHILE WORKING WITHIN THE HIGHWAY RIGHT
OF WAY.
ALL CONSTRUCTION SIGNING MUST CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES PLAN
AS APPROVED BY !'in':A JIM BRAGDON.
(This space is provided for work sketch of proposed installation)
DIVISION OF HIGHWAYS, STATE OF COLORADO
Chief Engineer
By etA.-- --I" �� Cj By R. P . MOSTON
ntenan Supers�y�{rdent.6�iy� / District Engineer
In accepting this Permit tit =.14AVA ed reps>ktl�1hhrePPermiltee.veritiesthathehasreadandunderstandsailoftheforegoingprovisions:Mat
he has the authority to sign fora Ind the Permittee. and that byvirtue 01his srgnalurethe Permrtleeisb ndbyailtheconditionssetforthherein.
(CHECKED BY WALCK) X i/ 4 1hi� fr8/V/8'l�'ra
Permittee Signature
NOTE TO APPLICANT This permit shall be made available at the site where and when work is being done.
Loc Th.o+: X-70. / f. ceJ r_r_ F Milektarker
Corero %i
SMITH WYEt-DJ;ytr , C.c JST•
Trorri.,Cay 7rci notes: rf'fi3 ProJcct In va'VQ5 iso rI}' Q`nd coSl•..I undo.
111¢ NOCtl, Fra..Tage road/ Z-70/ so.crf+ Docmt3 raaak! dyd railroad tr.
Th¢ �on'tractar wolf have ,nH insfectrc.. pot 1n The r.94f-os-wc,y cF
X-70 /be'fic.,cc.-* ;Ft irA✓GI ia„es. SINx twee writ be Nd eIcrnact.o col-
on 1i,e. TravJ lanes of r`.70i.and no dlsraptie.n ot• trarr..c. flc
2 FQai The QTfrepr.are acivarfrece srs.kinf For r4,.r prejeo rs Ta }{ssy'
war -5 sIGus betir sed./ e F the readwny Far each direc-ir°N
of Travel- The . ta.,dcrd .size For the W2!'S rs aox3a : wa ,.!.louse 36'xs6,\
77,e .,,.rPecT.cr. Hat.... olr i.e P.,.fecte�E Ly Type z barricades ,
pect4ei lqi MSS
kJ rv.r�n�g' kitesB4rrlcadt f$a{sty J'9101,1,
..2 74! LUofrirr A.
•
G'r+.d ..L .c"r(ecr.. c 6+sc( Cso3).2.42-/Faa
CHECKED DEC 1 9 1°85 /7206:7-e.
7Z.Icer* A. .!
Soh
cM
r r� t --Cl c Co h fro
t 70—/ /i{4$f!0
J'r3idev i
L/ Gas rr,M••
AoPTr{ FROarr.A6E ROAD
GAs
{ 10420-,-...,... --111i
X-70 Wgsrtaupp
36N -T6'
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n{R
TO
Or
ir7rr` r,... 36x36 W21-5
r J Lw
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X- 70 6-AsT13 ow+0
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SOUTP/ AGc£JS *win (Rrn+.l)
1
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P1-RG,w, R,4.
Project v" .70-/(7/).
Date • /Vey` Z/ /985`"
STATE OF COLORADO
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
4201 East Arkansas Avenue
Denver, Colorado 80222
TO: G,w, r'RfTrs AriaO )01-1 0300 Roos 287
FROM: 1< J J 714oMpsok)
Final Utility Sketch •
submitted
cc:
Staff Design Engineer.
Enclosed for your review and concurrence is a request from
&ARAE -J 1 regarding a crossing of and/or
(Name of Utility)
installation on Project 117o-/ 6/) at itAw/ O
(Project No.) location (station and
location in relation to. physical objects)
This proposal provides for /4S7a///J 6'/.12c4 Gas 4c e 41 e is
description of Work)
rid Vey) 15 )V7
/
fzmArirarimi
14o
The proposed installation will be in accordance with the AASHTO
Policy for Accommodation of Utilities and with your concurrence, we
will issue a permit to the Utility.
District Engineer
By: 1� -- 1 k-e,ls ems- r
The above request is approved effective - , /p YS!
GLENN W. FRITTS
STAFF CONSTRUCTION ENGINEER
By:
Submit two copies of all information to Staff Constructio
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TO: ci.W./72i i iS
FROM: lC DON 114opsoN
Pvoject.
kiaterscace—ucs�zLy)
Dace
2g/
STATE OF COLORADO
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
4201 East Arkansas Avenue
Denver, Colorado 80222
Final Utility Sketch
submitted
cc:
Staff Design Engineer
Enclosed for your review and concurrence is a request from
134 RrZEt'T' a►24 Y (p regarding a crossing of and/or
(Name of Utility) 2 7d-/ (S/
3
installation on Project /6—i (58 at 41-7-4cJ D
(Project No.) location (station and
location in relation to physical objects)
This proposal provides for / ij.STAL .4T/o4.l S MCN 6-4.5 44/4'
(description of Work)
4A0 45-sac/47-p erC1/4LAs) I/c-urs p.c.)
The proposed installation will be in accordance with the AASSTO
Policy for Accommodation of Utilities and with your concurrence, we
will issue a permit to the Utility.
t P.Mvgzoy
District Engineer
By:
The above request is approved effective l el Aet V 5
GLENN W. FRITTS
STAFF CONSTRUCTION ENGINEER
By: 4
Submit two copies of all information to Staff Construct •n.
y
•
Petroleum and Energy Consultants
Registered in RochyMbuntain States
BURKHALTER ENGINEERING, INC.
715 Horizon Drive, Suite 330
Grand Junction, CO 81501
Telephone (303) 242.8555
October 23, 1985
Colorado Department of Highways
Grand Junction, Colorado 81501
Attn: K. Don Thompson
Dear Don:
Enclosed are preliminary plans for a pipeline to be built by
Barrett Energy Company, 221 E. 29th, Suite 136, Loveland, Colo.
80537.
The pipeline will be 8 5/8" OD and will be built to Department of
Transportion Pipeline Safety Regulations Parts 191 & 192 revised
November 1, 1983. The pipeline will be designed for maximum
operating pressure of 1000 psi. It will be API 5LX 52 steel, 0.188
inch wall thickness. Cover will be a specified by Colorado
Department of Highways.
We wish to cross Interstate 70 via the Rulison interchange and
follow old Highway 6 & 24 right-of-way easterly to the Anvil
Points road, cross back under Interstate 70 via the Anvil Points
road and off of highway right-of-way.
You already have the plans for the highway bore at mile post 401 �-
249'. We wish to expedite these permits as soon as possible so
that construction may begin November 15, 1985.
Very truly yours,
J. N. Burkhalter, PE/PLS
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RIGHT OF WAY AND EASEMENT
CLj)4,/ Grantor(s), of lI /fL4.) ()l_4fM//00
does (do) hereby sell and convey to Barrett Energy. Companyiwo po Denver, Colored(
Grantee, for the sum of erktT-Piot/ fa- k'INr= -Pi/MRg-L) ir, ($/S J ) Dollars,
and other valuable consideration, the receipt and adequacy of which is hereby acknowledged,
a right of way and easement fifty (50) feet in width for the purposes of laying, construct-
ing, maintaining, operating, repairing, altering, replacing and removing pipelines (with
valves, meters, fittings, appliances, and related facilities) for the transportation of gas
over, through, under and across the following described land situate in the County of
/?1=/4•'L j} , State of Colorado, to -wit: T '5 /e y4141; ArRpJS hl,'
S 7 SE i¢ 6E6 S L "SERE_ 55&: ? ! Al!4 sEc_LZ� 5. 5&: IS—)
5 i SCG I4 N SEG 13 ANv rRM/NATE aj 6967 41/VE SEc /- int N4
PERMANENT EA-SEMENT /D'EAt/ SibE Dr SIF P/PE./AiE'
rantee shall have the right and option to select the route and to tion of said right of
way and easement and the center line thereof shall be shown on a plat or map filed for record
by Grantee with the Clerk and Recorder of the County in which such land is situated within
ninety (90) days after completion of construction of such pipeline.
There is included in this grant the right, from time to time, to lay, construct, maintair
operate, alter, repair, remove, change the size of, and replace one or more additional lines
of pipe; but for any, such additional lines Grantee shall pay or tender to Grantor, or to ,,
Grantor's credit in the FiRw N%r7/D,VA` Bank at R/p2-/Z-
(which• Bank and its successor shall continue the depository ,xegardless of changes in the
ownership of said land), a sum equivalent to 4 per'lineal rod
of such additional line, or such proportionate part thereof as Grantor's(s1) interest in
said lands bears to the entire fee, within ninety (90) days subsequent to the completion
of the construction of such additional line.
Grantee shall have all other rights and benefits necessary or convenient for the full
enjoyment and use of the rights herein granted, including, but without limiting the same,
the free and full right of ingress and egress over and aaxog g a s d finds -and other lands of
the Grantor(s) to and from said right of way and easedent.
Grantor(s) hereby warrants and agrees to defend the title to the above described premises
Grantor(s) shall have the use of such right of way and easement except for any use which
conflicts with the purposes for which this right of way and easement is granted; provided,
however, Grantor(s) shall not build or construct nor permit to be built or constructed any
building or other improvement aver or across said right of way and easement.
Grantee agrees to bury all pipelines so that they will not interfere with the culti-
vation of the land, and also to pay for any damage Co fences, improvementa, and growing
crops which may arise from its operations hereunder; said damage, if not mutually agreed
upon, to be ascertained by three disinterested persons; one to be appointed by the Grantor(s),
one by Grantee, and the third by the two persons aforesaid, and the written award of said
three persons, or any two of them,shall be final and conclusive.
This grant covers all of the agreements between the parties and norrepresentations or
statements, verbal or written, have been made modifying, adding to, or changing the terms
of this agreement.
This easement and right of way and all provisions hereof shall be applicable to and
binding upon the parties and their respective heirs, devisees, successors and assigns.
IN WITNESS WHEREOF, Grantor(s) has(have) executed this Right of Way and Easement this
l�Th day of L)ECEng5 , 198 .
STATE OF COLORADO
COUNTY OF GARFIELD
3
88.
The foregoing instrument was acknowledged befoye me by 1V1.7 (1-.411-41-1
this 4TH day of r G
My commission expires: -/-g?
Notary Public
, 19jas-
GAS PURCHASE AGREEMENT
Between
BARRETT ENERGY COMPANY, As SELLER
And
MOUNTAIN FUEL RESOURCES, INC., As BUYER
PARACHUTE CREEK AREA
GARFIELD COUNTY, COLORADO
DATED:
INDEX TO AGREEMENT
ARTICLE PAGE
I Definitions 1
II Agreement to Sell and Reservations 3
III Term 4
IV Commencement of Deliveries
6)
V Delivery Point, Pressure and Compression 5
VI Delivery Rates and Payment for Gas Not Taken 6
VII Price 11
VIII Billing 13
IX Quality 14
X Meters and Gas Measurement 15
XI Title 18
XII Force Majeure 20
XIII Successors and Assigns 20
XIV Notices 21
XV Transportation for Others 21
XVI Miscellaneous 22
Signatory 24
Exhibit A
GAS PURCHASE AGREEMENT
THIS AGREEMENT is made and entered as of the day of
, 19 ,
by and between BARRETT ENERGY
COMPANY, 1125 17th Street, Suite 2100, Denver, Colorado 80202,
hereafter "Seller," and MOUNTAIN FUEL RESOURCES, INC., a Utah
corporation, Post Office Box 11450, Salt Lake City, Utah 84147, hereaf-
ter "Buyer." Seller and Buyer are collectively referred to as the
"Parties. "
THE PARTIES REPRESENT AS FOLLOWS:
1. Seller owns or controls natural gas to be produced from or
allocated to the lands and leases described in Exhibit A.
2. Seller desires to deliver and sell, and Buyer desires to
receive and purchase, Seller's share of natural gas under the terms and
conditions set forth below.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I
Definitions
The following definitions shall apply whenever the defined
terms are used in this Agreement:
I-1. "Btu" means British thermal unit. One Btu is the quan-
tity of heat that must be added to one pound of pure water to raise its
temperature from 58.5° Fahrenheit to 59.5° Fahrenheit under a pressure
of 30.00 inches of mercury at 32° Fahrenheit under standard gravi-
tational force (980.665 cm. per second per second) .
1-2. "Common source of supply" means an underground reser-
voir containing a common pressure -connected accumulation of gas and
associated oil, if any.
1-3. "Cubic foot of gas" means the quantity of gas contained
in one cubic foot at a temperature of 60° Fahrenheit and a pressure of
14.73 psia.
1-4. "Day" means a period of 24 consecutive hours beginning
and ending at 12:00 o'clock noon local time. "Month" means a period of
time beginning at 12:00 o'clock noon on the first day of a calendar month
and ending at 12:00 o'clock noon on the first day of the next succeeding
calendar month. "Year" means a period of 365 consecutive days (366 for
a leap year) beginning and ending at 12:00 o'clock noon. "Calendar
year" means a period of 12 consecutive months beginning and ending at
12:00 o'clock noon on January 1st.
I-5. "Force majeure" means acts of God, including, but not
limited to landslides, lightning, fires, storms, floods, freezing, earth-
quakes; civil disturbances, strikes, lockouts or other industrial distur-
bances; acts of the public enemy, wars, blockades, public riots; break-
age, explosions, or accident to machinery, pipelines or materials; in-
ability tc, secure labor, rights-of-way or materials; interruptions by
government or court orders; or any other cause, whether of the kind
enumerated or otherwise, which is not reasonably within the control of
the party claiming the suspension.
1-6. "Gas" means all merchantable combustible gas or vapors
including, but not limited to, natural gas.
-2-
1-7. "Gross heating value" means the number of Btu's pro-
duced by the combustion of one cubic foot of gas saturated with water
vapor at a temperature of 60° Fahrenheit and a pressure equivalent to
that of 30.00 inches of mercury at 32° Fahrenheit under standard gravi-
tational force with air of the same temperature and pressure as the gas
when the products of combustion are cooled to the initial temperature of
gas and air and when the water formed by combustion is condensed to
the liquid state.
1-8. "Inert substances" means noncombustible substances
contained in gas, including, but not limited to, helium, carbon dioxide
and nitrogen.
I-9. "Mcf" means 1.000 cubic feet. "Bcf" means 1,000,000,000
cubic feet.
I-10. "MMBtu" means 1,000,000 Btu's.
I-11. "Psia" expresses pressure in pounds per square inch
absolute.
gauge.
1-12. "Prig" expresses pressure in pounds per square inch
1-13. "Gas well" means a well so classified under the statutes
and regulations of the state having jurisdiction over such well.
1-14. "Oil well" means any well so classified under the stat-
utes and regulations of the state having jurisdiction over such well.
ARTICLE II
Agreement to Sell and Reservations
II -1. Seller hereby agrees to sell to Buyer all gas owned or
controlled by Seller, produced from or allocated to Seller's interest in
-3-
the property set forth on Exhibit A, except Seller expressly reserves to
itself gas required for:
(a) Delivery to Seller's lessors in any amount required
to meet Seller's obligations under the provisions of its leases;
(b) Use as fuel or which may be lost or consumed in
processing plants used for the extraction of nonhydrocarbons or
liquefiable hydrocarbons from gas sold under this Agreement or for
treating the gas to remove hydrogen sulfide or other impurities, or
to compress the gas in compressor plants; and
(c) Development and operation of the reserves or wells
located on the property set forth on Exhibit A, or on Seller's
properties that are contiguous, including but not limited to, gas
required for the gas lifting of oil, but only if the gas used and the
oil to be lifted are produced from the same common source of sup-
ply.
II -2. Subject to the other provisions of this Agreement, the
control, management, and operation of the property shall be and remain
the exclusive right of Seller, including without Iimitation, Seller's right
to drill new wells, to repair old wells, to plug and abandon wells and to
surrender nonproductive and nonparticipating leases owned or controlled
by Seller.
ARTICLE III
Term
This Agreement shall continue in full force and effect for a
period of five years from the date set forth above, and from year to
-4-
year thereafter until cancelled by either party on 30 days' written
notice.
ARTICLE IV
Commencement of Deliveries
IV -1. Buyer's initial obligation to take or
pay
for gas in
accordance with Section VI from wells located on the property described
on Exhibit A shall commence no later than 60 days following the day any
well is properly equipped and capable of producing gas, including the
pipeline facilities connecting the well to Buyer's pipeline system, and all
necessary government authorizations to commence the sale and purchase
of gas under this Agreement have been received by the Parties.
ARTICLE V
Delivery Point, Pressure and Compression
V-1. The delivery point of gas sold under this Agreement
shall be at the interconnection of Buyer's and Seller's facilities located in
Section 18, Township 6 South, Range 93 West, Garfield County, Colorado
or such other locations as the parties agree to in writing. Title to and
ownership of the gas shall pass to and absolutely vest in Buyer at the
&:livery points.
V-2. Seller shall be obligated to deliver gas at the pressure
necessary to enable Buyer to take the gas into its facilities to the extent
such pressure can be provided without compression. Buyer represents
that the pressure in its facilities at the delivery point shall not exceed
960 psig. If gas cannot be delivered against existing line pressure
without compression, and, as a result, Buyer cannot take the gas into
its facilities, Seller may, at its option, compress the gas so that it may
bring the gas into Buyer's system. If Seller elects not to provide the
necessary compression for any gas, such gas shall be released from this
Agreement, and shall not be taken into consideration in computing the
contract quantity. Any party installing compression equipment shall also
install pulsation dampening equipment which, in Buyer's judgment, will
prevent gas measurement inaccuracies.
ARTICLE VI
Delivery Rates and Payment for Gas Not Taken
VI -1. Subject to the other provisions of this Article VI,
Buyer shall take from the gas wells located on the property described on
Exhibit A each year, or pay for if not taken, a minimum amount of gas
equal to the "contract quantity," which shall be 60% of the combined
annual deliverability, as determined under Section VI -2, that is attribut-
able to Seller's interest in all the wells up to 2.19 Bcf. Provided,
however, if the gas delivered from any well does not meet the quality
specifications set out in Section IX -1, the annual deliverability of such
well shall not be included in computing the contract quantity.
VI -2. The annual deliverability of each well shall be de-
termined as follows:
(a) A seven-day test shall be conducted during the last
two weeks of each December, or during some other period that is
mutually agreed upon by the parties, against the existing line pres-
sure at the point of delivery, which pressure shall not average
more than 960 psig over the test period. In the year in which
deliveries from a well initially commence, the test shall be conducted
-6-
approximately 120 days after commencement of deliveries, unless
otherwise agreed by the parties.
(b) If gas cannot be produced from any well during a
scheduled test period for temporary reasons, such as mechanical
failure or the reworking of the well, the test shall be conducted
within 30 days after the well commences production following such
temporary shut-in.
(c) The "average daily deliverability" measured in Mcf
per day, shall be determined by dividing the total Mcf delivered
during the seven-day test period by seven.
(d) The "annual deliverability" of a well shall be the
average daily deliverability multiplied by 365; except the annual
deliverability of a well during the year of initial production shall be
the average daily deliverability determined by the initial test multi-
plied by the number of days from the date Buyer's take -or -pay
obligation with respect to such well commences under Article IV to
the end of the year.
(e) In the event there is an increase or decrease in the
production from a well exceeding 10% of its tested average daily
deliverability, either party may, by giving 15 days' written notice,
call for a special test to redetermine the average daily deliverability
of the well. The test results shall establish Seller',s average daily
deliverability from the last day of such test until the end of the
current year or until the next special test, and the annual deliv-
erability determined under paragraph (d) shall be recomputed using
-7-
the redetermined average daily deliverability for such period of
time.
V1-3. If, on any day, Seller does not deliver to Buyer the
average daily deliverability of gas when requested to do so by Buyer,
the contract quantity shall be reduced by the amount of the difference
between the average daily deliverability and the amount actually de-
livered on such day.
VI -4. Should Buyer fail to take the contract quantity in any
year, Buyer shall pay Seller for the "annual deficiency" which shall be
the difference between the contract quantity and the Mcf of gas actually
delivered during the year. The annual deficiency, calculated on an Mcf
basis, shall be converted to MMBtu's by attributing to each Mcf of such
deficiency the average MMBtu's per Mcf for all gas delivered under this
Agreement during the year. Payment for each MMBtu of the annual
deficiency shall be that amount determined by dividing the total amount
paid for all MMBtu of gas delivered during the year under the Agree-
ment by the total number of such MMBtu. Buyer shall pay for the
annual deficiency within 60 days following the end of the year in which
the deficiency occurred.
VI -5. Buyer shall have the right during the five years fol-
lowing the year in which an annual deficiency occurred, for which Buyer
paid Seller, to make up such deficiency by crediting payments previously
made under Section VI -4 for such deficiency against payments due for
quantities of gas taken during any such succeeding year which are in
excess of the contract quantity for such year. If this Agreement is
terminated prior to the expiration of one or more five-year make-up
-8-
periods, and Buyer has not made up any deficiencies that could have
been made up during such periods (hereafter "qualifying deficiencies") ,
Buyer shall be given an extension period solely for the purpose of
making up qualifying deficiencies. All gas taken by Buyer during the
extension period will be credited against the qualifying deficiencies, and
Buyer shall incur no further take -or -pay obligations during such period.
The extension period shall be for the period necessary to allow Buyer to
make up all qualifying deficiencies, but in no event for more than two
years. In lieu of allowing an extension period, Seller may reimburse
Buyer for the amount of any qualifying deficiency.
VI -6. Buyer shall pay Seller for any make-up gas the price
in effect for such gas when it is taken, less any amounts previously
paid under Section VI -4. If Buyer is taking make-up gas during any
extension period the price paid by Buyer shall be the price in effect
immediately prior to the termination of the Agreement.
VI -7. Seller shall reimburse Buyer for the amount paid for
any deficiency which has not been, or cannot be, made up during a
make-up period, if:
(a) The deficiency cannot be made up due to the cessa-
tion or inadequacy of production during the make-up period, in
which case Seller shall pay Buyer within 90 days following the
earlier of: (i) the last day of production from the wells, or (ii)
the expiration of the make-up period; or
(b) The parties mutually determine, based upon the
projected rate of production from the wells, that a deficiency cannot
-9-
be made up within the make-up period, in which case Seller shall
pay Buyer within 90 days of such determination.
Buyer shall not have any obligation to make expenditures to enhance
production from the wells in order to make up any deficiency.
VI -8. Buyer shall have the right to regulate the flow of gas
as necessary to meet fluctuating market demand. Accordingly, Buyer
shall have the right at all times to take, and Seller shall have the obli-
gation to deliver, quantities of gas from subject wells that are gas wells
up to 100% of the ability of such wells to produce. Notwithstanding the
foregoing, however, Seller may control the flow of gas to the extent it
deems necessary based upon its assessment of the ability of any well to
produce without damage to the well or corresponding reservoir.
VI -9. Whenever, due to legal or physical limitations, the
quantity of gas capable of being delivered from any of the subject wells
is or becomes so low that it is not economically beneficial to purchase or
sell such gas, Buyer or Seller may discontinue buying or selling such
gas by giving the other party 90 days' written notice.
VI -10. If the taking by Buyer or anyone else of gas from gas
wells producing from the same common source of supply as a well makes
imminent the drainage of gas from Seller's acreage, Seller may notify
Buyer in writing of the existence of such situation. Upon receipt of
such notice, Buyer shall regulate its takes from the common source of
supply, to the extent possible, in a manner that will protect Seller from
drainage.
-10-
ARTICLE VII
Price
VII -1. Gas Pricing. For all gas delivered hereunder, Buyer
shall pay Seller the following prices:
(a) Initial Period. For the initial period commencing
with initial delivery under this Agreement and ending January 1,
1987, the price of gas shall be $2.05 per MMBtu.
(b) Succeeding Periods.
(i) After the initial period, the price of any gas
shall be established through negotiation between the parties
upon written request for such negotiation made by either
party. A negotiated price shall remain in effect until the later
of:
(1) two years from the date the last negotiated
change in price first became effective; or
(2) the effective date of a new negotiated
price that is to replace the existing negotiated price, or,
(3) If the parties cannot agree upon a price
for gas within 90 days of the date a request for nego-
tiation is made, termination of this Agreement by either
Buyer or Seller with respect to that portion of the gas
for which a negotiated price could not be established.
VIi-2. Production and Production -Related Cost Reimburse-
ments. Buyer shall not reimburse Seller for any costs incurred by
Seller in performing production or production -related services.
-11-
VII -3. Rate Coverage.
(a) If any state or federal governmental authority with
ratemaking jurisdiction over Buyer's resale transactions precludes
Buyer from recovering in its rates and charges any portion of the
amount paid for gas under this Agreement (including all reimburse-
ments and adjustments), the price for such gas shall be reduced to
equal the amount which Buyer has been allowed to recover. If
Buyer has made payments to Seller in excess of amounts for which
recovery is subsequently allowed by the ratemaking body, Seller
shall refund to Buyer the disallowed amounts, including interest or
carrying charges equal to those Buyer is required to refund or
credit to its customers.
(b) If the price of any gas is reduced pursuant to
paragraph (a) above, Seller may terminate this Agreement with
respect to the wells from which such gas is produced upon 30 day&
written notice.
VII -4. Economic Termination.
(a) If Buyer determines that continued purchase of gas
from one or more of the subject wells will be an uneconomical
transaction for it, Buyer may designate a lower price for gas
produced from each such well, to become effective 60 days after
written notice to Seller of such designated price. If Buyer serves
such a notice, Seller may, upon 30 days written notice to Buyer,
terminate this Agreement with respect to such wells at any time
during the first 60 days following the effective date of Buyer's
designated price. For any period beyond the effective date of
-12-
Buyer's newly designated price and prior to termination, Buyer
shall pay its designated price for the gas subject to this provision.
(b) If Seller does not timely exercise its right of termi-
nation under paragraph (a) , Buyer's designated price shall remain
in effect for the longer of (i) one year, or (ii) the time when a
new price for such gas becomes effective. After Buyer's desig-
nated price ceases to be effective, the price of the gas shall be
that price determined in accordance with the applicable paragraph
in Section VII -1. However, if the purchase of gas at such price
would be an uneconomical transaction for Buyer, Buyer may again
designate a price for such gas in accordance with paragraph (a) of
this Section.
ARTICLE VIII
Billing
On or before the 20th day of each month, Buyer shall render
to Seller a statement showing the amount of gas received by Buyer
during the preceding month. Payment for such amount shall be made by
the 27th day of the month in which the statement is rendered. Any
errors in such statement or payments shall be promptly reported to
Buyer and Buyer shall make proper adjustment thereof within 30 days
after final determination of the correct volume or payment. Provided
however, no corrections shall be made in any statement, and no payment
shall be made pursuant to a corrected statement, more than two years
after Buyer renders such statement to Seller. Upon written request,
Buyer shall furnish Seller copies of measurement charts used in compil-
ing any monthly statements. Seller shall return such charts to Buyer
-13-
within 30 days of the date that Seller received them. Seller shall have
access at all reasonable times to such of Buyer's records and books as
pertain to volumes of gas received by Buyer.
ARTICLE IX
Quality
IX -1. The gas which Seller delivers to Buyer shall conform to
the following specifications:
(a) Odors and solids. The gas shall be commercially
free from objectionable odors, solid matter, dust, gums and gum -
forming constituents which might lessen its merchantability or cause
injury to or interference with proper operation of the lines, regu-
lators, meters, or other facilities through which it flows.
(b) Oxygen. The gas shall not, at any time, have an
oxygen content in excess of ten parts per million by volume and
Seller shall make every reasonable effort to keep the gas free from
oxygen.
(c) Inert substances. The gas shall not, at any time,
contain inert substances in excess of 3% by volume.
(d) Liquids. Seller shall separate crude oil, water and
liquid hydrocarbons from the gas so they will not enter Buyer's
facilities and so that the gas will be merchantably free of such
substances. All oil and liquid hydrocarbons separated from the gas
by Seller prior to delivery to Buyer shall remain the property of
Seller.
(e) Hydrogen sulfide. The gas shall not contain more
than one-half grain of hydrogen sulfide per 100 cubic feet.
-14-
(f) Total sulfur. The gas shall not contain more than 2
grains of total sulfur per Mcf, of which not more than two-tenths
grain shall be mercaptan sulfur.
(g) Temperature. The temperature of the gas shall not
exceed 120° Fahrenheit.
(h) Gross heating value. The gas shall have a gross
heating value of not less than 950 Btu per cubic foot nor more than
1235 But per cubic foot.
(i) Water Vapor. The gas shall not contain more than 6
pounds of water in a vapor phase per million cubic feet of gas.
1X-2. Buyer may refuse to accept and pay for any gas that
does not conform to one or more of the specifications set forth in Section
IX -1. Upon written request of Seller, Buyer shall release from this
Agreement any well producing nonconforming gas that Buyer has refused
to accept. If only one well is producting gas purchased under this
Agreement, Buyer, at its option, may terminate this Agreement. If,
notwithstanding its right to refuse to accept nonconforming gas or to
terminate, Buyer elects to accept delivery of such gas, Buyer shall
notify Seller of its election at the earliest possible time. Provided,
however, Buyer's takes of such gas shall not be treated as gas delivered
during the year in computing the amount, if any, of the annual deficien-
cy under Section VI -4.
ARTICLE X
Meters and Gas Measurement
X -I. The volume of gas sold under this Agreement shall be
measured by an orifice meter located at the delivery point. Orifice
-15-
meters shall be installed and operated by Buyer and volumes shall be
computed as prescribed in ANSI/API 2530, entitled "Orifice Metering of
Natural Gas" (formerly Gas Measurement Committee Report No. 3 of the
American Gas Association) , as amended. The correction factor for
Reynolds Number (Fr) , Expansion Factor (y) , Orifice Thermal Expansion
Factor (Fa), Manometer Factor (Fm) and Gravitational Correction Factor
(F1) shall be assumed to be unity (1.0). Buyer may use 24-hour, sev-
en-day or eight-day orifice meter charts. The orifice meters used shall
be flange tap type. Atmospheric pressure means, for measurement pur-
poses, and calculation and meter calibration, 11.3 psia irrespective of
the actual location and irrespective of variations in natural atmospheric
pressure from time to time.
X-2. The temperature of the gas flowing through the meter(s)
shall be determined by Buyer by the use of a continuous recording
thermometer of standard manufacture installed by Buyer in a manner
which is acceptable to Seller and which will insure that the thermometer
will properly record the temperature of the gas flowing through such
meter(s). The average of the 24-hour record from the recording ther-
mometer, or of so much of the 24 hours as gas has been flowing, if gas
has not been flowing during the entire period, shall be deemed to be the
gas temperature for the day and shall be used to make the proper
corrections in volume computations.
X-3. Specific gravity shall be determined quarterly by taking
samples at the delivery point and determining the specific gravity there-
of by use of a gravity balance or other mutually agreeable method.
-16-
X-4. The gross heating value per cubic foot shall be deter-
mined by the Buyer as needed, but at least quarterly or upon reason-
able request of Seller.
X-5. Regular tests to determine the accuracy of Buyer's
measuring equipment shall be made quarterly by Buyer, and Seller shall
have notice of and an opportunity to witness such tests. Special tests
may be made at any reasonable time at the written request of Seller. If,
upon any special test requested by Seller, the measuring equipment is
found to be no more than 2% inaccurate the entire cost of such test shall
be paid by Seller and previous readings of such equipment shall be
considered correct. However, such equipment shall be adjusted at once
to read accurately. If, upon any test, the measuring equipment shall be
found to be inaccurate by an amount exceeding 2% when measuring a
volume ecZual to the average flow rate for the period since the last
preceding test, then any previous readings of such equipment shall be
corrected to zero error for any period which the parties know, or agree,
that the readings were inaccurate. If this period is unknown and the
parties cannot agree upon a period, such correction shall be for one-half
of the period since the date of the last test. After any test, the meters
shall be corrected to read accurately. Buyer shall pay the costs of
regular tests and also of any special tests in which the measuring equip-
ment is found to be more than 2% inaccurate. Seller has the right to
install check meters. However, such check meters shall be tested and
operated in the same manner as Buyer's meters, and shall be installed so
they shall not affect Buyer's meters.
-17-
X-6. In the event any measuring equipment is out of service
or registering inaccurately, the volume of gas delivered hereunder shall
be estimated by using the registration of any check measuring equip-
ment, if installed and accurately registering. In the absence of such
equipment, the volume shall be estimated by correcting the error, if the
percentage of error is ascertainable by calibration test or mathematical
calculation. If neither method is feasible, the volumes shall be deter-
mined by estimating the deliveries during a period under similar condi-
tions
when the measuring equipment was registering accurately.
X-7. Seller shall have the right to be represented at and to
participate in all tests of gas and equipment used in measuring and
determining the nature or quality of gas and to inspect, at any time
during business hours, any and all such equipment, but the reading,
calibrating and adjustment of equipment, and the changing of charts
shall be done by Buyer only.
X-8. All measuring and testing equipment referred to in this
Article, except check measuring or other equipment owned by Seller,
shall be provided, installed, operated and maintained at Buyer's ex-
pense.
ARTICLE XI
Title
XI -1. Seller hereby warrants title to and the right to sell the
gas committed under this Agreement and further warrants that all such
gas is free from all liens and adverse claims, including tax liens. Seller
at all times shall have the obligation to make settlements for all royalties
due and payments owed to Seller's mineral and royalty owners. Seller
-18-
agrees to indemnify Buyer and save it harmless from all suits, actions,
claims, debts, accounts, damages, costs, losses, liens, license fees, and
expenses which attach before the title to the gas passes to Buyer or
which may be levied and assessed upon the sale of the gas to Buyer.
Provided, however, (but without any diminution of any other rights
Buyer may have hereunder) nothing herein shall be construed to require
Seller to purchase a lease to which it was unable to prove title, or to
acquire and commit hereunder gas reserves estimated to be equivalent to
the reserves attributable to any property as to which Seller was unable
to prove title. In the event of any adverse claim of any character
whatsoever being asserted in respect to any of said gas, Buyer, upon
request, shall be furnished indemnification for the purchase price from
Seller.
XI -2. Seller shall inform Buyer of its percentage of ownership
in any well from which gas is being delivered under the Agreement.
Buyer may request verification of ownership through the use of a pur-
chaser's division order setting forth Seller's ownership and proceeds
disposition. Buyer may suspend payment pending Seller's verification of
its ownership and/or execution of the division order.
XI -3. All equipment placed on the subject lands by Buyer
shall be and remain its property and shall be subject to removal by
Buyer within a reasonable period of time after it is no longer being used
by Buyer.
-19-
ARTICLE XII
Force Majeure
If, as a result of force majeure, a party is wholly or partially
unable to meet its obligations under this Agreement, other than for
payment of monies due, that party shall give the other prompt notice of
such situation, describing it in reasonable detail. Thereupon, the
obligations of the party giving the notice shall be suspended, except the
obligation to make payment, to the extent that the force majeure affects
such obligations, during the continuance of the force majeure. If, as a
result of a force majeure, Buyer is unable to make up a deficiency in
accordance with Section VI -5, the makeup period shall be extended by
an amount of the time equal to that during which the force majeure
prevented Buyer from snaking up deficiencies. The party affected by
the force majeure shall attempt to rectify the conditions brought about
by the force majeure as quickly as possible, but need not rectify such
conditions if doing so requires it to settle a strike against its will.
ARTICLE XIII
Successors and Assigns
This Agreement shall be binding upon the successors and
assigns of the parties hereto; provided, however, no assignment of
either party's rights under this Agreement shall be binding upon the
other party until written notice and a true copy of the assignment is
furnished to and receipted by the other party. No assignment shall be
valid and binding which endeavors to relieve the assigning party of any
obligations to make payments hereunder which accrued prior to the date
of assignment or in which the assignee does not affirmatively agree, in
-20-
writing, to assume all obligations of the assignor under this Agreement
including, but not limited to, the obligation to deliver gas paid for but
not taken by Buyer, prior to the effective date of the assignment. An
assignment of less than Seller's entire interest under this Agreement may
not be made without Buyer's prior written consent, which Buyer may
withhold at its discretion.
ARTICLE XIV
Notices
Notices required under this Agreement, other communications,
monthly statements, and payments shall be deemed fully delivered or
served when deposited in the United States mail, postage prepaid, by
first class, registered or certified mail, to Seller, or to Buyer, at the
addresses set forth above, or at such other address as either party
shall designate in writing. For purposes of this section "other communi-
cations" shall include any request for negotiation, offer, and acceptance
of an offer made pursuant to paragraph VII -1(b) . Notice of tests may
be made by telephone. Notice of force majeure may be made by tele-
graph or in writing.
ARTICLE XV
Transportation for Others
To allow Buyer to recoup and earn a reasonable profit on its
investment in transportation facilities, and to provide Seller a means for
transporting gas, Buyer shall render transportation services, to the
maximum extent practicable, for any gas produced from a well with
respect to which Seller has exercised a right of termination under Article
VII. Buyer shall provide these transportation services through such
-21-
part of its facilities as are suitable for delivery of the gas at a
transportation rate commensurate with that established under similar
transportation agreements and arrangements in effect at the time trans-
portation is provided under this Article. It is expressly understood by
Seller that Buyer is not obligated to seek authority under 18 C.F.R.
§ 284.221 to provide transportation to Seller under this provision, nor is
Buyer obligated to, in any way, become subject to the non-discrimin-
atory access provisions of Order No. 436 of the FERC.
ARTICLE XVI
Miscellaneous
XVI -1. Seller, from time to time, shall, at Buyer's request,
make available to Buyer such geological, engineering and production data
as may be available to Seller, provided such data is not considered
confidential by Seller, which will enable Buyer to make and keep current
its own reserve and deliverability studies. In addition, Seller shall
determine stabilized shut-in pressures annually in cooperation with
Buyer's representatives.
XVI -2. Seller shall have the right to form or to participate in
the formation of any unit, pooling or communitization agreement which
may include any of the subject lands. However, this Agreement shall
continue to apply to Seller's interest in gas from the unit, pooling or
communitization agreement attributable to the subject lands.
XVI -3. If any provision of this Agreement requires either
party to obtain from any governmental body authority of any kind for it
to perform its obligations hereunder, such party shall diligently seek
such authority.
-22-
XVI -4. No waiver by either party of any one or more defaults
or breaches by the other in the performance of this Agreement shall
operate or be construed as a waiver of any future defaults or breaches,
whether of a like or different character.
XVI -5. This Agreement is subject to all present and future
valid laws and lawful orders of all regulatory bodies. Should either of
the parties, by force of any such law or regulation, at any time during
the term hereof, be ordered or required to do any act inconsistent with
the provisions of this Agreement, the Agreement shall continue but shall
be deemed modified to conform with the requirements of such law or
regulation for that period only during which the requirements of such
law or regulation are applicable. Nothing herein shall prohibit either
party from obtaining or seeking to obtain modification or repeal of such
law or regulation or restrict either party's right to legally contest the
validity of such law or regulation, and each party reserves the right to
file with such regulatory bodies any material necessary to implement the
terms of this Agreement as they existed prior to the modification.
XVI -6. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Utah.
-23-
THIS AGREEMENT entered into as of the date set forth above
by the authorized representatives of the Parties whose signatures are set
forth below.
Attest:
S i ctary
Attest:
Secr
SELLER:
BARRETT ENERGY COMPANY
By G//L
Authorized representative
BUYER: l
MOUNTAIN FUEL RESOURCES, INC.
By
-24-
A. Marushack, President and
Chi Executive Officer
EXHIBIT A
To The
GAS PURCHASE AGREEMENT
Dated
Between
BARRETT ENERGY COMPANY, As SELLER
And
MOUNTAIN FUEL RESOURCES, INC., As BUYER
Seller's interest in the gas produced from the following lands
located in the Parachute Creek Area of Garfield County, Colorado:
Township 6 South, Range 95 West
Sections: 27, 28, 32, 33, 34,
35 and 36
Township 7 South, Range 95 West
Sections: 1, 2, 3, 4, 5, 6, 8
and 10
Township 6 South, Range 96 West
Sections: 19, 29, 30, 31, 32
and 34
Township 7 South, Range 96 West
Sections: 1, 2, 3, .8, 9, 10 •
and 11
Township 6 South, Range 97 West
Sections: 21, 22, 23, 24, 25,
26, 27, 35 and 36
Township 7 South, Range 97 West
Sections: 1, 2, 3, 11 and 12
�;° ramie
thFACT/ONroi/rood
R.F. ENGLAND
MANAGER LAND
(303) 595.2110
Ms. Linda L. Krausert
BARRETT ENERGY COMPANY
1125 17th Street
Suite 2100
Denver, Colorado 80202
Dear Ms. Krausert:
H. A. PHILLIPS
DIRECTOR — LAND AND
CONTRACT DEPARTMENT
(303) 233.1000
December 21, 1985
File: C - 115 - 14
R. C. OATMAN
MANAGER CONTRACTS
(303) 395.2137
Enclosed please find, in duplicate, a Pipe Line Crossing Agreement covering
the construction, operation and maintenance of a 6 inch natural gas pipe line
across the right of way and under the tra, of the D&RGW near Parachute,
Colorado.
Please cause to have these ocuments execi 1, and return to this office for
further processing.
The application for this ,.,.:,sing was preparod and submitted to The D&RGW
by Burkhalter Engineering, lnc. on behalf "ARRETT ENERGY COMPANY.
Burkhalter has also deposited $100.00 town. !re processing fee of $300.00.
If you have any questions, please feel freo .0 call(303)595-2603.
ENCLOSURES
Sincerely,
R.C. Oatman, Manager -Contracts
By ,figellgt.6
G.F. Seed, Real Estate Assistant
THE DENVER & RIO GRANDE WESTERN RAILROAD CO.
P.O. BOX 5482 DENVER, COLORADO 80217 PHONE: (303) 629-5533
Contract No.
PIPE LIDS =SEIM AGINENINT
THIS Ate', Made and entered into this 13th day of December, 1985, by and between THE DENVER
AND RIO GRANS WESTERN RAILROAD COMPANY, a corporation of the State of Delaware (hereinafter called
"Railroad Company"), party of the first part, and BARREIT »Y CIIPANY, a Colorado corporation, 1125
17th Street, Suite 2100, Denver, Colorado 80202
(hereinafter called "Licensee"), party of the second part,
WITNESSETH:
Section 1. The Railroad Company, for and in consideration of the covenants and agreements herein
set out, to be by Licensee kept, observed and performed, hereby licenses and permits the Licensee, subject
to the terms and conditions hereinafter stated, to construct and thereafter co maintain and operate the
pipe line or pipe lines hereinafter described (hereinafter called "Pipe Line") upon or along or across the
right of under the track or tracks of the Railroad Canpany as herein specified, to -wit:
A 6 inch diameter natural gas pipeline encased in 100 feet of 10 inch
diameter pipe crossing the Right of Way and beneath trackage of the
3 Railroad 0anpany's main track, opposite Mile Post 400 plus 5031 feet at
Grand Valley, (Parachute) Garfield County, Colorado, as shown on the
attached Dwg. No. 6-460.
The oregoing License is subject and subordinate to the prior and continuing right and obligation
of the Railroad Company to use and maintain its entire Railroad right of way in the performance of its
public duty as a common carrier, and is also subject to the right and power of the Railroad Canpany to
construct, maintain, repair, renew, use, operate, change, modify or relocate additional railroad tracks,
telegraph, telephone, signal or other wire lines, pipe lines, and other facilities, structures or improve-
ments upon, along or across any or all parts of said right of way and said Pipe Line, all or any of which
may be freely done at any time or times by the Railroad Company, without liability to the Licensee or arty
other party for compensation or damages. In the event the Railroad many elects to construct additional
railroad tracks, structures or improvements upon its right of way and over and/or across said Pipe Line,
the Licensee shall, upon notice of such election, extend said Pipe Line according to such plans and
specifications as the Railroad Company may prescribe.
The foregoing License is also subject to all outstanding superior rights (including those in favor
of telegraph and telephone companies, lessees of said right of way and others) and the right of the Rail-
road Company to renew and extent the same.
to -wit:
Section 2. The Licensee agrees to use the Pipe Line for the following purpose and for no other,
conveyance of natural gas
Section 3. The Licensee agrees to pay to the Railroad Company, in advance, the sun of $300.00 as
consideration for the License herein granted.
Section 4. The Pipe Line shall be constructed, operated, maintained, repaired, extended, renewed
and/or reconstructed by the Licensee in strict conformity with specifications prescribed by the Chief
_2_
Engineer of the Railroad Company and in such manner and according to such plans as said Chief Engineer may
deem best for the safety and proper protection of the tracks, roadbed and premises of the Railroad
Company.
The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the
grade even with the adjacent surface of the ground.
All work performed on said right of way in connection with the construction, maintenance, repair,
extension, renewal or reconstruction of the Pipe Line shall be done under the supervision and to the
satisfaction of the Railroad Otcnpany.
If the Railroad Cbmpany shall elect to construct said Pipe Line or a portion thereof, and shall so
notify the Licensee, the Licensee agrees to pay the Railroad Company, in advance, such sum of money
estimated to be $ NONE as shall be necessary to construct such portion or all of said Pipe Line,
including the cost of all necessary material and the transportation thereof and the coat of all labor and
superintendence. If the amount to be advanced by the Licensee as herein provided should be in excess of
the amount required, the excess shall be returned to the Licensee; if such amount should not be sufficient
to cover the expense of work done by the Railroad Oampany, the Licensee shall pay such additional amount
to the Railroad Company on denand.
Prior to the canuencement of any work by the Licensee in connection with the construction,
maintenance, repair, extension, renewal or reconstruction of the Pipe line where it passes underneath the
roadbed and tracks of the Railroad Company, the Licensee shall submit to the Railroad Canpany plans
setting out the method and manner of handling the work, and shall not proceed with the work until such
plana shall have been approved by the Chief Engineer of the Railroad Company and then only under the
supervision of said Chief Engineer, or his authorized representative. The Railroad Company shall have the
right, if it so elects, to provide such support as it nay deem necessary for the safety of its said trade
or tracks during the time of construction, maintenance, repair, extension, renewal or reconstruction of
the Pipe Line, and in the event the Railroad Company provides such support, the Licensee shall pay to the
Railroad Company, within 15 days after bills shall have been rendered therefor, all expense incurred by
the Railroad Canpany in connection therewith, which said expense shall include all assignable costs plus
10 percent (10%) to cover elements of expense not capable of exact ascertainment.
Section 5. The Licensee shall notify the Railroad Company at least 48 hours in advance of the
commencement of any work upon said right of way in connection with the construction, maintenance, repair,
extension, renewal or reconstruction of the Pipe Line except in cases of emergency when work is necessary
to avert loss or damage to the property of the Railroad Company.
Section 6. The Licensee shall bear the entire cost and expense incurred in connection with the
construction, maintenance, repair and renewal, and any and all modification, revision, extension,
relocation, removal or reconstruction of the Pipe Line, including any and all expense which may be incur-
red by the Railroad Company in connection therewith for supervision or inspection, or otherwise.
Section 7. The Railroad Company, however, shall have the right, if it so elects, though it shall
be under no obligation whatsoever to do so, to make necessary or proper repairs, or to reconstruct said
Pipe Line, notwithstanding the obligation of the Licensee to maintain, repair and reconstruct, and, in the
event the Railroad Company at any time elects to repair or reconstruct said Pipe Line, the Licensee shall,
upon presentation of estimate, advance such sum of money as the Chief Engineer of the Railroad Canpany may
deem necessary for such repair or reconstruction, or, upon bill being rendered for work already done, the
Licensee shall reimburse. the Railroad Company for the cost of such repair or reconstruction.
The optional right of the Railroad Company at any time to make repairs or to reconstruct said Pipe
Line, shall in no manner or degree relieve the Licensee from the responsibility to the.Railroad Company or
-3 -
other persons or corporations for the failure of the Licensee to properly maintain or reconstruct said
Pipe Line or any structure which the Licensee agrees hereunder to maintain and reconstruct.
Section 8. The Licensee shall, at its sole expense, make any and all modifications or changes in
the Pipe Line, or move all or any part thereof to such new location as may be required by the Railroad
Company at any time, in connection with the construction, maintenance, repair, renewal, use, operation,
change, modification or relocation of railroad tracks, telegraph, telephone, signal or other pole and wire
lines, pipe lines and other facilities, structures or improvements of the Railroad Company, upon said
right of way.
All the terms, conditions, and stipulations of this agreement, with reference to the construction,
maintenance, repair and renewal of the Pipe Line on said right of way, in the location hereinbefore
described, shall apply to the Pipe Line as modified, changed or relocated within the contemplation of this
section.
Section 9. The Pipe Line shall be constructed and, at all times maintained, repaired, extended,
renewed and operated, in such manner as to cause no interference whatsoever with the constant, continuous
and uninterrupted use of the tracks, property and premises of the Railroad Company, and nothing shall be
cone or suffered to be done by the Licensee at any time that would in any manner impair the safety
thereof.
Section 10. Licensee shall fully pay for all materials, joined or affixed to, and labor performed
upon, said right of way in connection with the construction, maintenance, repair, extension, renewal or
reconstruction of the Pipe Line and shall not permit or suffer any mechanics' or materialmen's liens of
any kind or nature to be enforced against said right of way for any work done or materials furnished
thereon, at the instance or request, or on behalf of the Licensee, and the License shall indemnify and
hold harmless the Railroad Company from and against any and all liens, claims, demands, costs and expenses
of whatsoever nature, in any way connected with or growing out of such work done, labor performed, or
materials furnished.
The Licensee shall promptly pay or discharge all taxes, rates, charges and assessments levied
upon, in respect to, or on account of the Pipe line so as to prevent the same becoming a charge or lien
upon said right of way, or any other property of the Railroad Company, and so that the taxes, charges and
assessments levied upon or in respect to said right of way and other property of the Railroad Company
shall not be increased because of the location, construction or maintenance of the Pipe Line, or any
improvement, appliance or fixture connected therewith, placed upon said right of way, or on account of the
Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed
10 the Licensee but shall be included in the assessment of the right of way, or other property of the
Railroad Company, then the Licensee shall pay to the Railroad Company an equitable proportion of such
taxes, determined by the value of Licensee's property upon said right of way as compared to the entire
value of said right of way.
Section 11. In the event the Licensee shall take down any fence of the Railroad Company or in any
manner move or disturb any of the other property of the Railroad Company in connection with the construc-
tion, maintenance, repair, extension, renewal or reconstruction of the pipe Line, then and in that event
the Licensee shall as soon as possible, and at its sole expense, restore such fence. and/or such other
property to the same condition as it was in before such fence was taken down or such other property was
moved or disturbed, and the licensee shall indemnify and save harmless the Railroad Company from and
against any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature,
including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever
or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or
destruction grows out of or arises from the taking down of any fence or the moving or disturbing of any of
the other property of the Railroad (bmpany.
-4 -
Section 12. In the event the Railroad Company shall dispose of any of its property upon which the
Pipe Line is located, as herein provided, the License or permit herein granted with respect to the portion
of the Pipe Line located upon the property so disposed of, shall forthwith cease and determine.
Section 13. The Licensee shall indemnify and hold harmless the Railroad Company frau and against
any and all liability, loss, damage, claims, demands, cost and expenses of whatsoever nature, including
court costs and attorneys' fees, which may result from injury to or death of persons whomsoever including
employees and passengers of the Railroad Company or damage to or loss of or destruction of property what-
soever (including damage to the roadbed, tracks, equipment, or other property of the Railroad Canpany or
property in its care or custody) whether such injury, death, loss, destruction or damage grows out of or
arises from the bursting of or leaks in the Pipe Line, or the explosion or ignition of gas or oil carried
therein, or escaping therefrom, or in any other way whatsoever is due to, or arises because of, the exist-
ence of the Pipe Line or the operation, construction, maintenance, repair, extension, renewal, modifi-
cation, reconstruction, revision, relocation or removal of the Pipe Line or any part thereof, or to the
contents therein or therefrom. And the Licensee does hereby release the Railroad Company fran all
liability for damages on account of injury to the Pipe Line from any cause whatsoever.
Neither the right of supervision by the Railroad Comapny of the location, construction, mainten-
ance, repair, extension, renewal, reconstruction or relocation of the Pipe Line, nar the exercise or
failure to exercise said right, nor the approval or failure to disapprove by the Railroad Company of the
location, construction, maintenance, repair, extension, renewal or reconstruction of said Pipe Line, nor
the election of the Railroad Oampany to repair or reconstruct the whole or any part of said Pipe Line
shall be deemed a waiver of the obligation of the Licensee contained in this section, or a release there-
from or fran any other obligation of this contract resting upon said Licensee that is hereinbefore or
hereinafter expressed or implied.
Section 14. For the further protection of the Railroad Company, the Licensee, before any work is
begun, agrees to procure and maintain at Licensee's own expense, in a company acceptable to the Railroad
Canpany, Comprehensive General Liability Insurance in minimum limits of $500,000 one person, $1,000,000
one accident for bodily injury, and $500,000 for property damage, which policy shall specifically insure
the liability assumed by the Licensee under Section 11 and 13 of this agreeoent. Licensee shall furnish
the Railroad Company Certificates of Insurance, in duplicate, evidencing such insurance to be in full
force and effect and that the sane will not be cancelled without at least fifteen (15) days' advance
written notice by Insurance Canpany to the Railroad Company's Insurance Departnnent, P.O. Box 5482, Denver,
Colorado 80217.
See Exhibit "A" attached hereto and hereby made a part hereof. Said insurance shall be maintained
throughout the period of conatruction only of the facilities referred to in Section 1 hereof.
Section 15. Disuse of the Pipe Line continuing, at any tine for a period of one year, shall
constitute an abandonment thereof, and in the event of such an abandonment the Railroad Company may, at
its option terminate this agreeement.
If the Licensee shall fail to keep and perform all or any of the covenants and agreements herein
contained, to be by it kept and performed, or if the Licensee shall fail to make any of the payments which
it is obligated to make hereunder, and such default shall continue for a period of thirty (30) days after
written notice from the Railroad Company to the Licensee, specifying such default, then the' Railroad
Company may, at its option, forthwith terminate this agreement.
Nothwithstanding anything to the contrary herein contained, it is agreed that if at any time the
maintenance and operation of said Pipe Line shall be inconsistent with the use by the Railroad Company of
its right of way for railroad purposes, this License shall immediately cease, ipso facto.
-5 -
Section 16. Within ninety (90) days after the termination of this agreement howsoever, the
Licensee shall, at its sole expense, remove the Pipe Line from those portions of said right of way not
occupied by the roadbed and track or tracks of the Railroad Company and shall restore, to the satisfaction
of the Railroad Company, said portions of said right of way to as good edition as they were in at the
time of the construction of the Pipe Line, and if the Licensee fails so to do, the Railroad Company may do
such work of removal and restoration at the expense of the Licensee. The Railroad Company may, at its
option, upon such termination, at the expense of the Licensee, remove the portions of the Pipe Line
located underneath the said roadbed and track or tracks and restore said roadbed to as good condition as
it was in at the time of the construction of the Pipe Line, or it may permit the Licensee to do such work
of removal or restoration under the supervision of the Railroad Company. In the event of the removal of
the Pipe Line as in this section provided, the Railroad company shall in ma manner be liable to the
Licensee for any damage sustained by the Licensee for or on account of such removal, and such removal
shall in no manner prejudice or impair any right of action for damages or otherwise that the Railroad
Company may have against the Licensee.
Nothing in this section contained shall obligate the licensee to remove the Pipe Line because of
the termination of this License under the provisions of Section 12 hereof, in cases -where the License
shall have made arrangements for the continuation of the Pipe Line with the grantee or grantees of the
Railroad Canpany.
Section 17. The waiver by the Railroad Company of the breach of any condition, covenant or
agreement herein contained, to be kept, observed and performed by the Licensee, shall in no way impair the
right of the Railroad Company to avail itself of any subsequent breach thereof.
Section 18. The Licensee shall not sublet, in whole or in part, the License herein granted, and
shall not assign this agreement without the written consent of the Railroad Company, and it is agreed that
any transfer or assignment, or attempted transfer or assignment of this agreement, or any of the rights
hereby granted, whether voluntary, by operation of law, or otherwise, without such consent in writing,
shall be absolutely void, and, at the option of the Railroad Canpany, shall terminate this agreement.
Section 19. This agreement shall take effect as of the 13th day of December, 1985, and shall
continue in toll force and effect until terminated as herein provided.
Section 20. Subject to the provisions of Section 18 hereof, this agreement shall be binding upon
and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and
assigns.
IN WITNESS WEA', the parties hereto have caused this agreement to be executed in duplicate as
of the date first herein written.
THE DENVER AND RIO GRANDE WESTERN
RATLFOAD OCMPANY
By
Chief Engineer
ATIFS: - ' . BARRETT ENERGY C t1PANY
12/13/85 GFS 1-5
President
la &H.0 W Form 6339
Qty. ;2,72
EXHIBIT "Af'
Certificate of Insurance
Name & Adress To Whom Issued
The Denver and Rio Grande Western Railroad Co.
P 0. I3ox 5482, Denver, Colorado 80217
Insured Name & Address
This is to certify that the following policy or policies, have been issued by this Company:
Type of Insurance
Policy
Number
Effective
Date
Expiration
Date
limits of Liability
Manufacturers' or
Contractors' (Bodily Injury)
E,rr.h Pelson
$
r,rr:ir AccItieru
Manufacturers' or
Contractors' (Property Damage)
S
Each Accident
$
Ayjrequte
Comprehensive General
I3odily Injury
S 11 111
Each Person
1 .000.00Q
Earl. A" "I''"'
$
Ayrrr gigolo Pi ndrrr.h
f .iii, Ar, )dent
Comprehensive General---
Property Damage
$ 500.00(
S
Ayyreyate operidinm
$
Aygregale Prnterlwe
S
Aggre9"to Pr whir. is
$
Ayyreyahe Contractual
Automobile (Bodily Injury)
$
f .r`rt i'er'l'r`
Each Accident
S
Automobile (Property Damage)
S
Foch Accident
Notwithstanding anything contained therein to the contrary, policy hereinabove referred to is extended
to specifically insure liability assumed by BARRTT ENERGY COMPANY
under section (s) 11
and
Agreement dated December 13, 1985
13 of Pipe Line
with The Denver and Rio Grande Western Railroad Company
covering crossing of the Railroad Company's tracks at or about Mile Post 400+5031' rtes/- Gr4nd V
(Parachute, Colorado
In event of any change or cancellation of coverage afforded by this Certificate, at least fifteen (15)
days' advance notice shall be given to Insurance Department of The Denver and Rio Grande Western Railroad
Company, P. 0. Box 5482, Denver, Colorado 80217.
[Nome of Insuaance Comp,i yI
Date _ By
(Authorized Apr.>,il
The Town of Parachute
P. 0. Box 100
222 Grand Valley Way
Parachute, Colorado 81635
303/ 285-7630
December 24, 1985
Mr. Glenn Hartmann
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Glenn:
OEC 2 1985
i41 f1 .0 CO, OANNER
The Board of Trustees of the Town of Parachute has
reviewed the request for a gas transmission line by Barrett
Energy Company that was submitted to Garfield County. The
Board unanimously approved the installation of the line
through the Parachute town limits. The conditions of this
approval are as follows:
1. All conditions imposed by Garfield County must be
followed; and
2. The contractor for the construction of the trans-
mission line must give the Town of Parachute 14 days notice
to allow the Town to locate any water lines that may cross
the proposed right-of-way for the gas transmission line.
RF/krm
cc:J.N. Burkhalter
Sincerely ours,
0667a/12)
Ralph Freedman
Town Administrator
ANACONDA Minerals Corr.,
555 Seventeenth Street
Denver, Colorado 80202
Telephone 303 293 4129
C. 13. Smith
Vice President
Engineering and Research
July 29, 1985
Barrett Energy Company
1125 17th Street, Suite 2100
Denver, Colorado 80202
Attention: Mr. Robert G. Jacobs
Res
Lease Agreement
ARCO Mineral Fee Property
Dow River Block
Township 6 South,
Parts of Sections
Township 7 South,
Part of Section 3
Containing 526.92
Garfield County, Colorado
ARCO Contract No. AR -
Range 95 West
25, 26, 34, 35,
Range 95 West
acres, more or
Gentlemen:
36;
less
When executed by you, this letter will evidence agreement between
the Atlantic Richfield Company, hereinafter sometimes referred to
as "ARCO", and Barrett Energy Company, hereinafter sometimes
refered to as "Barrett", regarding certain of ARCO's mineral fee
lands in Garfield County, Colorado, fully described and shown on
the plat attached hereto and marked Exhibit "I", which lands will
sometimes hereinafter be referred to as "said land". ARCO
represents but does not warrant in any way that it is the present
owner of certain mineral rights in the said land.
The following terms and conditions shall constitute this
Agreement.
I.
On or before October 1, 1985, Barrett agrees to commence the actual
drilling of a test well (hereinafter referred to ae "Test Well") on
the said land, to a true vertical depth of 4,000 feet, or to a
depth sufficient to test the stratigraphic equivalent of the
Wasatch formation, whichever is the lesser depth, hereinafter
referred to as "objective depth". The drilling of said Test Well
shall be prosecuted with due diligence and in a prudent and
workmanlike manner, without unnecessary delay, to the depth above
specified and shall be drilled at the sole cost, risk and expense
of Barrett and Barrett agrees to indemnify and hold ARCO free and
harmless from any and all claims, demands, liabilities and liens of
any nature resulting from its actions in connection therewith. All
ANACONDA Minerals Company la a Derision of AtIanacRlchfl.IECompany
Barrett Ener pany
Page 2
July 29, 1985
operations under this Agreement shall conform to good oilfield
practices as well as all applicable laws, rules, regulations and
terms affecting said land. The test well must be drilled to the
objective depth within 120 days of commencement.
Termination of this agreement and the forfeiture of Barrett's
rights to any of said land shall be caused by Barrett's failure to
perform under any of the provisions of this Agreement and shall be
the only penalty resulting from such failure.
II.
Should the Test Well encounter unusual mechanical difficulties,
heaving shale, high pressures, water or gas flow, igneous material,
or any other formation or condition which would render further
drilling impracticable or impossible after using reasonable efforts
and employing appropriate drilling methods customarily utilized by
the industry, Barrett shall have the option, to be exercised within
sixty (60) days after the release of the rig utilized in the
drilling of the initial Test Well, to commence the actual drilling
of a substitute well therefor/ provided said substitute well is
drilled under the same terms and conditions as stipulated for the
initial Test Well.
III.
Barrett hereby agrees to test in a proper manner any sands or
formations that, either before or after logging, appear favorable
for the production of oil and/or gas in any well drilled
hereunder. Barrett agrees to provide and perform at your expense
those services outlined in Exhibit "II" attached hereto and made a
part of this Agreement.
ARCO's representatives shall have full access to the well and all
records thereof during all operations and shall be given all
information as and when obtained in connection with drilling
progress and all operations, and shall be permitted to observe all
operations. In the event the well is completed as a dry hole, ARCO
shall, at its own risk and expense, have the opportunity to run a
velocity survey to the bottom of the hole before the well is
plugged and abandoned, or to take over the well at its sole risk
and expense.
Before Barrett plugs and abandons any well drilled on said land,
Barrett hereby agrees to immediately notify ARCO of its intention
to do so. ARCO shall then have forty-eight hours (exclusive of
Saturdays, Sundays and legal holidays) after receipt of said notice
to decide whether ARCO wishes to take over said well. In the event
ARCO elects to take said well over, such takeover shall be without
prior cost to ARCO, except that ARCO agrees to pay Barrett the
reasonable salvage value of any and all lease and in-hole equipment
(except surface casing) less the reasonable estimated cost of
salvaging said equipment then existing in the well or upon the
Barrett Ener1 ?any
Page 3
July 29, 1985
drillsite. Operations on the above well, from and after the date
of takeover, shall be at ARCO's sole cost, risk and expense.
However, if ARCO elects not to take over the well, Barrett shall
plug and abandon it in accordance with all rules and regulations of
the State of Colorado.
IV.
A. In the event the Test Well (or substitute well) drilled
hereunder reaches the objective depth and is completed as a
well capable of producing oil and/or gas in paying quantities,
and all other objectives and provisions of this Agreement have
been satisfied, ARCO shall execute the Oil and Gas Lease
attached hereto as Exhibit IV, covering the said lands. Said
Lease shall be effective as of the date of the release of the
drilling rig from the Teat Well, and shall be limited as to
the interest earned pursuant to paragraph IV -B below, and the
provisions herein contained. The lease shall remain in effect
for one year from the effective date and so long thereafter as
oil and/or gas is produced in paying quantities.
B. The lease will be limited as to rights earned from the surface
of the ground to the total depth drilled, and ARCO expressly
reserves all rights below the depth leased.
C. ARCO will retain a 25% royalty exclusive of existing
royalties, of all oil and/or gas produced from the leased
premises. ARCO's royalty is to be free and clear of all
costs, expense and taxes including ad valorem taxes and
excepting gross production taxes to ARCO. The written request
for the lease must be made within sixty (60) days from
reaching total depth of the Test Well. If such written
request is not made, it is hereby agreed that Barrett has
relinquished and doe■ relinquish any rights and interest
Barrett may have acquired under the terms of this Lease
Agreement in the said land.
At payout of the Test Well, ARCO's royalty will escalate to
30% or at ARCO's option, will be converted to a 12-1/2%
royalty and a 25% working interest. If ARCO elects to convert
part of its royalty to a working interest, ARCO's working
interest share shall not be burdened by ARCO's net retained
royalty. "Payout" shall be determined in accordance with
Exhibit III, attached hereto. If ARCO elects to convert part
of its net royalty interest to a working interest, then the
parties hereto shall enter into and be subject to an approved
AAPL Form 610-1982, Joint Operating Agreement attached hereto
as Exhibit V, and made a part hereof. During and after the
payout period, accounting for all related costs and
expenditures shall be made in hccordance with the COPAS-1974
Accounting Procedure attached to said Joint Operating
Agreement.
Barrett Bnerc pang
Page 4
July 29, 1985
V.
Prior to the commencement of drilling operations, and for as long
as this Agreement remains in effect, Barrett, at its sole expense,
shall provide and maintain in force the following minimum insurance
provisions:
1. Workmen's Compensation Insurance in accordance with the laws
of the State of Colorado;
2. Employer's Liability Insurance, with limits of not less than
$100,000 per accident;
3. Public Liability Insurance, including automobile, with limits
of not less than $100,000 per person and $300,000 per
accident, and
4. Property Damage Liability, including automobile, with limits
of not less than $100,000 per accident.
Prior to the commencement of drilling operations Barrett shall
furnish ARCO with evidence of the coverage herein required. In the
event of any assignment of any of Barrett's interest hereunder, the
requirements of this Clause V shall be complied with prior to
assumption of operations hereunder by any assignee. Such evidence
shall be furnished to ARCO, Anaconda Minerals Company, Property and
Lease Administration, Attention Mr. John R. Hardin, P. 0. Box 5300,
Denver, Colorado 80217, and shall identify said land. The above
stated coverage is minimal and nothing shall preclude Barrett from
providing for broader coverage should it so desire.
VI.
In the event ARCO owns less than a full mineral interest, ARCO's
royalties and working interests and the amount of oil which ARCO
retains a right to purchase, shall be proportionately reduced to
ARCO's interest in the drillsite spacing unit.
VII.
It is understood that time is of the essence in fulfilling the
terms of this Agreement as provided herein and that no provision of
this Agreement or lease herein provided shall be modified, altered,
waived or assigned except by the written consent of ARCO. This
Agreement shall be of no force or effect if you fail to carry out
all of the provisions herein.
VIII.
Barrett shall keep all of the lands subject to this Agreement free
and clear of all liens occasioned by its operations hereunder and
shall hold ARCO harmless from, and indemnify them against any and
all loss or liability arising out of any such act or omission of
Barrett, or its agents, with respect to such operations. In any
Barrett Energy Company
Page 5
July 29, 1985
L
action between the parties hereto for a breach of, or for the
enforcement of any of the covenants or provisions of this
Agreement, a reasonable attorney's fee, to be fixed by the court,
shall be added to and made a part of the recoverable costs in such
action in favor of the successful party.
This Agreement shall be binding upon each of the parties hereto,
their heirs, successors, assigns and personal representatives. No
assignment by Barratt of all or any portion of its rights hereunder
shall be made to a third party without Barrett's having first
obtained the written consent of ARCO. In the event of any
assignment of its interest hereunder, however, Barrett, or its
successors, shall during the life of said assignment, provide ARCO
with names, addresses and percentage of interest of such assignees,
when applicable. It is further provided that any such assignment
shall be cads expressly subject to this Agreement, including but
not limited to this Clause VIII.
IX.
This Agreement shall automatically terminate at midnight,
November 1, 1985 unless Barrett is then conducting operations under
the provisions of Clause I or II.
X.
Pleas• evidence your acceptance of and agreement to the foregoing
terms and conditions by signing and returning the original and one
(1) copy of this letter prior to September 15, 1985, the failure of
which shall cause the automatic termination of this Agreement.
Yours very truly,
ATLANTIC RICHFIELD Cad
Charles B. Smith
Vice President �B%� "i415
Anaconda Minerals Company
CBS/JBB/kk
Attachments
cc: 14. T. Sullivan, ARCO Oil & Gas Company
ACCEPTED AND AGREED TO THIS Aril DAY OF 440 , 1985.
BARRETT 'NERDY CaIPANY
By:
Titles
ANACONDA Minerals Comp
555 Seventeent :,,.eet
Denver, Colorado 80202
Telephone 303 293 4129
C. B. Smith
Vice President
Engineering and Research
June 10, 1985
Barrett Energy Company
405 Urban street, Suite 112
Lakewood, Colorado 80228
Attention: Mr. Robert G. Jacobs
Re: Lease Agreement
ARCO Mineral Fee Property
Pioneer Block
Township 6 South, Range 97 West
Section 27: All
Garfield County, Colorado
ARCO Contract No. AR -77927
Gentlemen:
11s
When executed by you, this letter will evidence agreement between
the Atlantic Richfield Company, hereinafter sometimes referred to
as "ARCO", and Barrett Energy Company, hereinafter sometimes
refered to as "Barratt", regarding certain of ARCO's mineral fee
lands in Garfield County, Colorado, as shown on the plat attached
hereto and marked Exhibit "A", which lands will sometimes
hereinafter be referred to as "said landTM. ARCO represents but
does not warrant in any way that it is the present owner of certain
mineral rights in the said land.
The following terms and conditions shall constitute this
Agreement.
1.
On or before July 1, 1985, Barrett agrees to commence the actual
drilling of a test well (hereinafter referred to as "Test Well") in
Section 27, Township 6 South, Range 97 West, 6th P.M., Garfield
County, Colorado, to a true vertical depth of 13,650 feet, or to a
depth sufficient to test the stratigraphic equivalent of the Dakota
formation, whichever is the lesser depth, hereinafter referred to
as "objective depth". The drilling of said Test Well shall be
prosecuted with due diligence and in a prudent and workmanlike
manner, without unnecessary delay, to the depth above specified and
shall be drilled at the sole cost, risk and expense of Barrett and
Barrett agrees to indemnify and hold ARCO free and harmless from
any and all claims, demands, liabilities and liens of any nature
resulting from its actions in connection therewith. All operations
ANACONDA Minerals Company I. a Division of AtfanlioRichfl.IOCompany
Barrett Energit upany
Page 2
June 10, 1985
r'
under this Agreement shall conform to good oilfield practices as
well as all applicable laws, rules, regulations and terms affecting
said land. The test well must be drilled to the objective depth
within 180 days of commencement.
Termination of this agreement and the forfeiture of Barrett's
rights to any of said land shall be caused by Barrett's failure to
perform under any of the provisions of this Agreement and shall be
the only penalty resulting from such failure.
II.
Should the Test Well encounter unusual mechanical difficulties,
heaving shale, high pressures, water or gas flow, igneous material,
or any other formation or condition which would render further
drilling impracticable or impossible after using reasonable efforts
and employing appropriate drilling methods customarily utilized by
the industry, Barrett shall have the option, to be exercised within
sixty (60) days after the release of the rig utilized in the
drilling of the initial Test Well, to commence the actual drilling
of a substitute well therefor; provided said substitute well is
drilled under the same terms and conditions as stipulated for the
initial Net Well.
Barrett hereby agrees to test in a proper manner any sands or
formations that, either before or after logging, appear favorable
for the production of oil and/or gas in any well drilled
hereunder. Barrett agrees to provide and perform at your expense
those services outlined in Exhibit "I" attached hereto and made a
part of this Agreement.
ARCO's representatives shall have full access to the well and all
records thereof during all operations and shall be given all
information as and when obtained in connection with drilling
progress and all operations, and shall be permitted to observe all
operations. In the event the well is completed as a dry hole, ARCO
shall, at its own risk and expense, have the opportunity to run a
velocity survey to the bottom of the hole before the well is
plugged and abandoned, or to take over the well at its sole risk
and expense.
Before Barrett plugs and abandons any well drilled.on said land,
Barrett hereby agrees to immediately notify ARCO of its intention
to do so. ARCO shall then have forty-eight hours (exclusive of
Saturdays, Sundays and legal holidays) after receipt of said notice
to decide whether ARCO wishes to take over said well. In the event
ARCO elects to take said well over, such takeover shall be without
prior cost to ARCO, except that ARCO agrees to pay Barrett the
reasonable salvage value of any and all lease and in-hole equipment
(exceptnsurffacce casing) lees the reasonable estimated cost of
salvaging equipment then existing in the well or upon the
Barrett Energt 1pany
Page 3
June 10, 1985
drillsite. Operations on the above well, from and after the date
of takeover, shall be at ARCO's sole cost, risk and expense.
However, if ARCO elects not to take over the well, Barrett shall
plug and abandon it in accordance with all rules and regulations of
the State of Colorado.
IV.
A. In the event the Test Well (or substitute well) drilled
hereunder reaches the objective depth and all other objectives
and provisions of this Agreement have been satisfied, ARCO
shall execute the Oil and Gas Lease attached hereto as Exhibit
III, covering the contract acreage. Said Lease shall be
effective as of the date of the release of the drilling rig
from the Test Well, and shall be limited as to the interest
earned pursuant to paragraph IV -B below, and the provisions
herein contained. The lease shall remain in effect for one
year from the effective date and so long thereafter as oil
and/or gas is produced in paying quantities.
B. The lease will be limited as to rights earned from the surface
of the ground to the total depth drilled, and ARCO expressly
reserves all rights below the depth leased.
C. ARCO will retain a 25% royalty inclusive of existing
royalties, of all oil and/or gas produced from the leased
premises. ARCO's royalty is to be free and clear of all
costs, expense and taxes including ad valorem taxes and
excepting groes production taxes to ARCO. The written request
for the lease must be made within sixty (60) days from
reaching total depth of the Test Well. If such written
request is not made, it is hereby agreed that Barrett has
relinquished and do relinquish any rights and interest Barrett
may have acquired under the terms of this Lease Agreement in
the contract acreage.
At payout of the Test Well, ARCO shall have the option to
convert the 25% royalty to a 20% royalty, and an undivided
15% working interest. If ARCO elects to convert part of its
royalty to a working interest, ARCO's working interest share
shall not be burdened by ARCO's net retained royalty, but
shall bear its proportionate share of any other royalty as
reflected as of this date in the records of the County Clerk
and Recorder, Garfield County, Colorado. "Payout" shall be
determined in accordance with Exhibit II, attached hereto. If
ARCO elects to convert part of its net royalty interest to a
working interest, then the parties hereto shall enter into and
be subject to an approved AAPL Form 610-1982, Joint Operating
Agreement attached hereto as Exhibit IV, and made a part
hereof. During and after the payout period, accounting for
all related costs and expenditures shall be made in accordance
with the COPAS-1974 Accounting Procedure attached to said
Joint Operating Agreement.
Barrett Energ
Page 4
June 10, 1985
ppany
V.
Prior to the commencement of drilling operations, and for as long
as this Agreement remains in effect, Barrett, at its sole expense,
shall provide and maintain in force the following minimum insurance
provisions:
1. Workmen's Compensation Insurance in accordance with the laws
of the State of Colorado;
2. Employer's Liability Insurance, with limits of not less than
$100,000 per accident;
3. Public Liability Insurance, including automobile, with limits
of not less than $100,000 per person and $300,000 per
accident, and
4. Property Damage Liability, including automobile, with limits
of not less than $100,000 per accident.
Prior to the commencement of drilling operations Barrett shall
furnish ARCO with evidence of the coverage herein required. In the
event of any assignment of any of Barrett's interest hereunder, the
requirements of this Clause V shall be complied with prior to
assumption of operations hereunder by any assignee. Such evidence
shall be furnished to ARCO, Anaconda Minerals Company, Property and
Lease Administration, Attention Mr. John R. Hardin, P. 0. Box 5300,
Denver, Colorado 80217, and shall identify said land. The above
stated coverage is minimal and nothing shall preclude Barrett from
providing for broader coverage should it so desire.
VI.
In the event ARCO owns less than a full mineral interest, ARCO':
royalties and working interests and the amount of oil which ARCO
retains a right to purchase, shall be proportionately reduced to
ARCO's interest in the drillsite spacing unit.
VII.
It is understood that time is of the essence in fulfilling the
terms of this Agreement as provided herein and that no provision of
this Agreement or lease herein provided shall be modified, altered,
waived or assigned except by the written consent of ARCO. This
Agreement shall be of no force or effect if you fail to carry out
all of the provisions herein.
VIII.
Barrett shall keep all of the lands subject to this Agreement free
and clear of all liens occasioned by its operations hereunder and
shall hold ARCO harmless from, and indemnify them against any and
all loss or liability arising out of any such act or omission of
Barrett, or its agents, with respect to such operations. In any
Barrett Energt 'pany
Page 5
June 10, 1985
action between the parties hereto for a breach of, or for the
enforcement of any of the covenants or provisions of this
Agreement, a reasonable attorney's fee, to be fixed by the court,
shall be added to and made a part of the recoverable costs in such
action in favor of the successful party.
This Agreement shall be binding upon each of the parties hereto,
their heirs, successors, assigns and personal representatives. No
assignment by Barrett of all or any portion of its rights hereunder
shall be made to a third party without Barrett's having first
obtained the written consent of ARCO. In the event of,any
assignment of its interest hereunder, however, Barrett, or its
successors, shall during the life of said assignment, provide ARCO
with names, addressee and percentage of interest of such assignees,
when applicable. It is further provided that any such assignment
shall be made expressly subject to this Agreement, including but
not limited to this Clause VIII.
Ix.
This Agreement shall automatically terminate at midnight, August 1,
1985 unless Barrett is then conducting operations under the
provisions of Clause I or II.
X.
Please evidence your acceptance of and agreement to the foregoing
terms and conditions by signing and returning the original and one
(1) copy of this letter prior to July 15, 1985, the failure of
which shall cause the automatic termination of this Agreement.
Yours very truly,
ATLANTIC RICHFIELD COMPANY
Charles B. Smit
Vice President u+db
Anaconda Minerals Company
CBs/JBB/kk
Attachments
cc: M. T. Sullivan, ARCO Oil & Gas Company
ACCEPTED AND AGREED TO THIS aileDAY OF
BARRETT ENERGY COMPANY
By:
Title:
1985.
November 5, 1985
Mr. J. T. Allen
Mobil Mineral Resources, Inc.
P. 0. Box 17772
Denver, Colorado 80217
Re: Proposed Gas Transmission Facilities
Garfield County, Colorado
Dear Tom:
Thank you for reviewing our pipeline proposal. We are very pleased that
you find no conflict to preclude negotiating further for facilities installation
and natural gas delivery under a gas sales contract.
I have reviewed 'your October 28th letter addressing the concerns that you
have with our proposed gas pipeline facilities in Garfield County and have the
following responses:
NORTH - SOUTH PIPELINE
We intend to bury our pipeline five feet and install 8.625" 0.D, .188 W.T.
API 5Lx - 42 coated line pipe. Our engineer indicates at this depth and weight
of pipe, future road or railroad crossings will not pose a problem.
EAST - WEST PIPELINE
We can reserve now a specified pipeline crossing for your oil shale and
agricultural operations or grant a reservation with specified location to be
determined at a later date. Either alternative is agreeable with us. Please
let us know what you want on this.
COMPRESSOR STATION.
(1) We do not know the type or size of compressor we will install on this
site. When we have made our selection, we will provide you with the specifica-
tions as to the calculated tons -per -year of emissions and the types of emissions.
(2) We have "surveyed -in" the boundaries of the proposed compressor station
with stakes now in the ground. We have reviewed the drawings that you have
provided us and made our boundaries within the 400 foot corridor based upon
scaled corner locations of your water treatment facility to the west and
construction staging area to the east. We will provided you with our boundary
survey of our facility located within the 400 foot corridor.
Mr. J. T. Allen
Mobil Mineral Resources, Inc.
November 5, 1985
Page 2
(a) We want to located our facility within the 400 foot corridor and
are willing to subject ourselves to the possibility of relocation by
Barrett to NW14 SW/4 Section 34 in the event of conflict with Mobil
facilities during a period beginning in 1996 and thereafter. In addition,
if there is anything that we can do now that we are not doing to mitigate
Barrett's potential conflict with Mobil's proposed facilities, please
advise us.
CRITICAL HABITATS
We will backfill piepline excavation and re -vegetate this site and the
pipeline route pursuant to the appropriate regulations from either the Federal
or State authorities.
We are not prepared today to propose a dol1Ar figure for our right-of-way
and compressor station, but will have that finalized by November 15, 1985. In
general terms, we would propose a 50 foot construction right-of-way with a 20
foot width required for the pipeline. We will prepare a right of way document
for you to review or if there is currently one available that Mobil prefers to
use, please advise us.
Thanks for your help with this pipeline system. Again, we hope to be
flowing gas by January, 1986.
Very truly yours,
John F. Keller
Executive Vice President
JFK:cc
Mobil Mineral Resources Inc.
October 28, 1985
MESSENGER DELIVERY
Mr. J. Frank Keller
Barrett Energy Company
1125 17th Street
Denver, Colorado 80202
P.O. BOX 17772
DENVER. COLORADO 60217.0772
TELEPHONE (303) 2936000
PROPOSED GAS TRANSMISSION FACILITIES
OSSF 839 (MAHAFFEY RANCH
�ARrI'LD OUfTY, COLORADO
Dear Frank:
We have reviewed your October 3rd proposal, and find no conflict or other
cause to preclude further negotiations for development of the proposed
facilities and are very pleased to hear of Barrett Energy's Mountain Fuel
Resources opportunities.
Can you give us some help with some concerns and suggestions we have:
North - South Pipeline 1J031 Ft.) - As pointed out, the proposed pipeline
will cross under the existing railroad, interstate highway and other
structures. Mobil's construction plans are preliminary and in the future
could include an additional railroad siding in the area. Kindly advise
of the minimum depth and test strength of the pipeline and any conflicts
you see should such additional siding be constructed after construction
of the pipeline. What provision could be made now for a temporary
relocation or by-pass by Barrett Energy in 1996 or thereafter if required.
East - West Pipeline (6700 Ft.±) - Mobil and others will be crossing the
pipeline in connection with oil shale and agricultural operations. We
would like to reserve the crossing rights needed over both this pipeline
and the North South Pipeline.
Compressor Station (300 Ft. x 300 Ft.)
1. Since any compressor station is likely to contribute to air quality
deterioration by nature of its operations, the proposed compressor
station may consume a portion of Mobil's PSD (Prevention of
Significant Deterioration of Air Quality) increment. Kindly advise
of the estimated tons -per -year of emissions and the kinds of
emissions from the proposed compressor station, and of your thoughts
on limiting the compressor station to that certain amount.
Mr. J. Frank Keller
October 28, 1985
Page Two
2. Mobil's plans for the adjacent water treatment facility and
construction staging area are preliminary and subject to change and
to encroachment into the 400 ft.± corridor lying between these two
facilities. May we have your thoughts on either of the following two
alternatives.
a. Change the location of the compressor station from N/2SW/4 Sec.
33 to NW/4SW/4 Sec. 34. See the attached map.
b. Construct the compressor station within the 400 ft. ± corridor
as you propose, but subject to: (1) Any conflict with Mobil
tankage -facilities (molten sulphur, ammonia and other liquids)
now planned for SW/4NW/4 Sec. 33 and; (2) relocation by Barrett
Energy, in the event of conflict between any Mobil facilities
or operations and the compressor station, during a period
beginning in 1996 and so long thereafter as the compressor
station is required by Barrett Energy.
Critical Habitats - Mobil is required to replace bald eagle and mule deer
critical habitats, winter ranges, and use areas impacted or destroyed
within the Parachute Oil Shale Project Area (PSOP) pursuant to U.S. Fish
and Wildlife Service and Colorado Division of Wildlife Regulations. The
compressor station and pipeline locations proposed by Barrett Energy are
within the PSOP. Kindly advise if Barrett Energy will handle such
habitat replacement to the satisfaction of the above agencies.
Kindly advise on (1) the above concerns, (2) the width of the rights-of-way
required, (3) consideration money offered, (4) the easement document, and we
will process your proposal as quickly as possible to meet your time frame.
Please contact us directly on any questions.
Very truly yours,
J. T. Allen
Associate Land Specialist
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EXHIBIT A
Legal Description:
Beginning in SW 1/4 Sec 33, T6S, 95W, thence easterly along north
side I-70 to Rulison Overpass, thence southerly under I-70 to
south side I-70 thence easterly along south side I-70 to Anvil
Points Overpass, thence northerly under I-70 to north side I-70
thence easterly over Webster Hill to Mountain Fuel Meter in NE 1/4
NE 1/4 Sec 13, T6S, R94W, Garfield County, Colorado.
Gathering system to hook up 9 Wasatch Wells in T6S, R95W: SE 1/4
Sec 32; NE 1/4, SE 1/4, SW 1/4, Sec 33; SW 1/4, SE 1/4, NW 1/4,
Sec 34; T7S, R95W: NW 1/4, NE 1/4 Sec 4 with 2", 3", 4", 6" steel
pipe.
Hook up two Mesa Verde Wells in T7S, R96W: SE 1/4 Sec 3; NW 1/4
Sec 10; with 3" gathering line from NW 1/4 Sec 10 to SE 1/4 Sec 3,
thence 8" line from SE 1/4 Sec 3 easterly to county road, thence
southeasterly along county road to outskirts of Parachute, thence
easterly along north side 1-70 to SW 1/4 Sec 33, T6S, R95W for
tie-in to compressor.
Compressor station and yard in SW 1/4 Sec 33, T6S, R95W, Garfield
County compressor building to be 50 x 60 (3000 ft9 ) and yard to
be 300' x 300'.
REfi�Y TC
ATTENT,ON C•=
DEPARTMENT OF THE ARMY
SACRAMENTO DISTRICT. CORPS OF ENGINEERS
e50 CAPITOL MALL
SACRAMENTO. CALIFORNIA 85814
"-e:;ru.5ry 4,
Section (N12-82-116)
mr-. J. N. Burkhalter
Burkhalter F na i neer i nc , incorporated
715 Hori'zori [)rive, Suite 330
Grano Junction, Colorado 81501
De=er Mr. Burkhalter:
I am rec.pondi ng to your letter dated .Januray 28, 1986. Your
letter pertains to r pipeline cross:ing under Parachute Creek, near
t -e Down of Parachute, in Garfield County, Colorado.
T e Department of the Army has issued a Nationwide permit
allowing the placement of dredged and/or fill material in "waters
of the UnitEncs States" in association with utility line crossings.
Construction of your pipeline cr-ossing under Parachute Creek can be
accomplished under this Nationwide permit provided the work meets
the conditions listed on the enclosed sheet.
We have assigned Number N12-82-116 to your project. Please
reference this number in any correspondence to this office
concerning this project. Should you have questions, you may
contact Gary Davis of this office at telephone (303) 243-1199.
Sincerely,
Grady L. McNure
Chief, Reaulat.ory Unit 4
2784 Crossroads Boulevard, Suite 207
Grand Junction, Colorado 81506-3975
nsure
F.r Fur,,, ,herd.
. r-. r' ey M i l 1 er , U. S. E nv i rohme . st.a r Protection Agency, 8WMSP,
�a c.7 Ci I f3: h Street, SLJito 1300, tiff -'river , Colorado 80202-2413
v' .r -i -t'• r:`,a, U. 5. Fish and Wi ldl f Service, 551-25 1/2 Road,
;;r. m_' tiunCt i on , Colorado 81505
vr. ...r,r, `,cherschl iot--4(11, Department of Health, 4210 East I ltIi
Avr=nr!, Denver, Colorado 8022(1
F'rrb l ,-,[C, Co l orario Division of Wildlife, 7 1 1 Independent
Avenue, ('rand Junction, Colorado 81501
!/
/./C r+=ield County Commissioners;, 2014 Blake Avenue, Glenwood
:Ir:rirrc._., Colorado 8ri;01
SHLET
N._T30W1DE i. ' Nl. ` L _.
A nationwide permit is a Department of the Army pe: it that is issued on a
nationwide basis for Specific category of ac[i ites t; -;at are su Stant:a1ly
similar and cause minimal environmental impacts. i.ation.:J ne permits are
designed to allow the work to occur with little delay or paperwork. No
permit application is required for an activity covered by a nationwide permit.
Tne Corps of Engineers has issued a nationwide general permit for the
discharge of material for backfill or bedding for utility lines, including
outfall and intake structures,provided that there is no chane. in
rpret'onstruction bottom c.ontcurr (e )cess i. tcrial must be removed to cn upl,=;id
disposal area). A "utility lin(," is defined as any pipe or pipeline for the'
transportation of any gaseous, liquid, liquifiable, or slurry substance, for
any purpose, and any cable, Zine, or wire for the transmission for any purpose
of electrical energy, telephone and telegraph messages, and radio and
television communication. (?rye utility line and outfall and intake structures
will require a Section 10 permit if in navigable waters of the United States.)
Tnis nationwide general permit satisfies the requirements of Section.404 of
the Clean Water Act. The following special conditions must be followed in
order for tnis nationwide permit to be valid:
1. That any discharge of dredged or fill material will not occur in the
proximity of a public water supply intake;
2. That any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is directly
related to a shellfish harvesting authorized by Paragraph (a) (4) of this
section.
3. Tnat the activity will not jeopardize.a threatened or endangered
species as identified under the Endangered Species Act, or destroy or
aversely modify the critical habitat of such species. In the case of Federal
aten:ies, it is the agency's responsibility to review its -activities to
determine if the -action "may affect" any listed species or critical habitat.
If so, the Federal Agency must consult with the Fish and Wildlife Service
and/or National Marine Fisheries Service;
4. Tnat the activity will not significantly disrupt the movement of
tnose species of aquatic life indigenous to the wateroody (unless the primary
purpose of the fill is to impound water);
5. That any discharge of dredged or rill material will consist of
suitable material free from toxic pollutants in toxic amounts;
b. That any structure or fill authorized will be properly maintained;
. A f a t t i. e act._
and Scenic River Sy_ tc
,,-. t occur IL _ v ! _.: hent of tr:e
8. That the activity will .,c cause ar. der=table
navy r tion.
interference with
In addition to the ccnditio^s :;c _te folic;;in;g .;.arc :.u.ent
practices should be followed, to _ . .._},_.:"_: CJ.:eiit practicable, in the
discharge of dredged or fill a:cri ) .r:72!7 r;ationw de permits in order Co
m_nimic.e the acive'rse affects of :i.__e ci_cha:7.es or _he ac' tic
Failure to c;: -.ply with these I.r:.CtiCCS, may be cause for the district
to recommend that the division engineer tale discretioraIy authority to
rei;u)ate the activity on an individual basis:
1. Discharges of dredged or fill material into waters of the United
States shall be avoided or minimized through the use of other practical
alternatives.
2. Discharges in spawning areas during spawning seasons shall be avoided.
3. Discharges shall not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the water (unless the primary purpose of the
fill is to impound waters).
4. If the discharge in wetlands creates an impoundment of water, adverse
impacts on the aquatic system caused by the accelerated passage of water
and/or the restriction of its flow, shall be minimized.
5. Discharge in wetlands areas shall be avoided,
6. Heavy equipment working in wetlands shall be placed on mats;
7. Discharges into breeding areas for migratory waterfowl shall be
avoided,
8. All temporary fills shall be removed in their entirety."
If the above conditions cannot be met, the work will have to be authorized by
an individual or general permit issued by the district engineer.
If you have any questions, or need additional information concerning the
nationwide general permit, please contact our Regulatory Section, at
hoc,m , or telephone
AGREEMENT
This stipulation between Barrett Energy Company and Garfield County,
Colorado is entered into on this day, the 6th of January, 1986.
It is the intent of the parties that by entering into this agreement, they
acknowledge certain conditions of approval concerning the Special Use
permit for Barrett Energy Company natural gas transmission pipeline
system, (hereinafter referred to as pipeline) conditionally approved on
November 12, 1985.
Specifically, the parties acknowledge that the Final Resolution of
Approval and the Special Use permit for the pipeline shall not be issued
until the following conditions have been met to the satisfaction of the
Garfield County Board of Commissioners.
Conditions:
1. The applicant must submit documentation of agreements with all
property owners authorizing the construction of the pipeline.
The authorization may take the form of lease agreements,
right-of-ways, or easements, and should formally address
restoration plans. These agreements must be completed prior to
any Resolution of Approval.
2. That application for all building permits must be made to the
Garfield County Building Department.
Barrett Energy Company is hereby authorized to immediately commence
construction of said pipeline on lands located in the SW 1/4, Section 33,
TCS, R95W of the 6th A.M. of Garfield county, State of Colorado and all
lands to the east.
Barrett Energy Company expressly agrees and admits that all construction
and related activities are done without any assurance, agreement or.
stipulation on behalf of the Garfield County Commissioners that final
approval of the entire project will be granted in the future. Barrett
Energy Company hereby acknowledges that all construction and related
activities are done at its own risk, without liability of Garfield County,
specifically acknowledging the necessity of the satisfaction of the above
noted conditions of approval before final authorization is granted.
Page Two
Barrett Agreement
January 6, 1986
Barrett Energy Company shall satisfy the above noted conditions on or
before March 1, 1986, at which time authorization for construction and
related activities based upon this agreement shall expire.
pdrrett Energy Company
hmueser, Chairman
Garfield County Commissioners
GARFIELD COUNTY
PLANNING DEPARTMENT
November 19, 1985
Barrett Energy Company
1125 17th Street
Denver, CO 80202
Attention: Frank Keller
Dear Frank:
Enclosed is a list of the conditions of approval for your proposed
pipeline, which was conditionally approved by the Board of County
Commissioners on November 12, 1985. Those items highlighted remain to be
completed. As is indicated in Condition #5, all agreements with
landowners must be submitted prior to the signing of any resolution of
conditional approval.
In addition, a list of other Barrett well permits still pending is
included. As you will note, Well #W-5 has exceeded the allowed time
period to satisfy all conditions of approval and Well MV -6-22 Chevron will
also exceed the time limit on November 22, 1985. These conditions need to
be addressed immediately or a written request for an extension of this
time period be filed. The following wells have no signed resolutions of
approval due to the lack of lease agreements or special agreements with
property owners: W-12-4 Hulse, W-16-4 Savage, W-15-5 Arco. As with your
recent pipeline application, all applications for land use permits must be
made by the property owners or with their authorization. It is for this
reason that these resolutions have not been issued. you immediate
attention to this matter is requested.
Also included is an assortment of Resolutions and Permits for your
records. If you have any further questions or concerns, please contact
this office.
Sincerely,
Glenn Hartmann
Planner
GH/emh
encl.
109 8TH STREET,THIR0 FLOOR°
945-82121625-5571 GLENWOOD SPRINGS, COLORADO 81601
tiovember, 1985 - Page 657
PROCEEDINGS OF THE BOARD OF COUNTY CO•ti11SSIONE0S, GARFIELD COUNTY, CaSMADO
November -42, 1985
Commissioner Schmeuser made a motion that the Public hearing be closed.
Commissioner Cerise seconded the motioh; carried. Decision was deferred until
the adoption of the rest of the budget resolutions in the afternoon.
SENATE BILL EXEMPTION REQUEST LOCATED APPROXIMATELY 4 1/2 PILES NORTHEAST OF
CARBONDALE OFF COUNTY ROAD 103; APPLICANT, SUSAN MACKIE.
Don stated that all notice provisions appeared to have been complied with and
the applicants attorney, Kenneth Balcomb testified to the proper posting of
the property. Mr. Balcomb and County Planner Glenn Hartmann discussed the
notice to adjacent land owners within 200 feet and Commissioner Cerise made a
motion that the Board accept these notice as adequate to proceed with the
hearing. Commissioner Schmeuser seconded the motion; carried. Glenn
summarized the staff report and Commissioner Cerise made a motion that the
Senate Bill Exemption Requested by Susan Mackie be approved with the following
conditions:
1 That the following plat notes be included on the exemption plat.
a) No further divisions by exemption from definition of subdivision
will be allowed.
b) That all irrigation ditch easements be recognized and maintained
as existing and in place.
2. That all parcels receive a deeded interest in the existing well
consisting of a minimum of 5 gpm, and that easements for all
waterlines, and for access and maintenance of the well be included on
the exemption plat and in any legal descriptions.
3. That all shares of irrigation water associated with the property be
divided proportionately amongst the three lots. •
That $200.00 per lot in School Impact fees for the creation of each
new lot be paid prior to final approval.
5. All representations of the applicant, either with the application or
stated at the hearing before the Board of County Commissioners, shall
be considered conditions of approval.
Commissioner Schmueser further moved that the approval be contingent upon a
boundary line adjustment should the applicant create only one new lot.
Commissioner Cerise seconded the motion; carried.
PUBLIC HEARING REGARDING A SPECIAL USE PERMIT FOR A NATURAL GAS PIPELINE AND
COMPRESSOR STATION LOCATED BETWEEN PARACHUTE AND RIFLE IN THE VICINITY OF
COUNTY ROAD 215, I-70 AND THE COLORADO RIVER; APPLICANT, BARRETP ENERGY
COMPANY.
Sworn in were Frank Keller, Vice -President of Barrett Energy Co., 1125 17th
St., Denver; J. N. Burkhalter of Burkhalter Engineering, 715 Horizon Drive,
Grand Junction; and County Planner Glenn Hartmann. Don stated that all notice
requirements appeared to have been complied with and discussed the compliance
with the county regulation that requires applicants to be the owners of the
.subject property in the application or authorized by the owners..--..{ the property
to make application. Upon questioning, Mr. Burkhalter stated that the property
the pipeline would go through is owned by various people. Mr. Keller stated
that Barrett Energy plans to buy the land for the compressor station from Mobil
and agrees to comply with the Planning Departments recommended condition that
they acquire proper right-of-ways and easements. Mr. Keller stated that
Barrett Energy would represent to the landowners involved in the right of ways
and easements that they, as landowners, are subject the conditions of the
Special Use permit and the authority of the county regulations and further
stated that all of the subject landowners have been notified of this Public
Hearing regarding their land. The letter to the landowners was reviewed and it
was determined by the Board that the hearing could proceed on the basis that
Mr. Keller and Mr. Burkhalter are authorized to represent the landowner
interests in the permit process.
Glenn Hartmann presented the following exhibits: A) Application, B) Proof of
publication from the Glenwood Post, C) Return mail receipts, D) Staff report,
and E} Map of subject property. The exhibits were admitted into the record.
Glenn summarized the staff comments and a correction was made in condition No.
2 replacing the word, "driller" with, "contractor and subcontractor".
Commissioner Cerise made a motion that the Public Hearing be closed.
Commissioner Schmueser seconded the motion; carried. Commissioner Cerise made
a motion that the Special Use permit for a natural gas pipeline and compressor
station requested by Barrett Energy Company be approved with the following
condi ,ions:
tz. All proposals of the applicant shall be considered conditions of
approval unless stated otherwise by the Board'.
November, 1985 - Page 658
PROCEEDINGS OF•THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO
November 12, 1985
2. The applicant, contractor and subcontractor shall notify the County
Clerks office and the Assessors office to ensure proper Licensing
and assessment of equipment and vehicles based in the operation, prior
to final approval.
v 3. The applicants shall comply with all regulations of Garfield County
relating to industrial operations in the zone districts in which the
properties are located, and shall construct and operate the pipeline
in accordance with all applicable State and Federal Regulations,
including but limited to the Department of Transportation Safety
Regulations.
4. The applicant shall apply for and receive any road cut permits, access
permits, building permits and septic permits, as required by the
county Road and Bridge Supervisor & Chief Building Official.
1\� 5. The applicant shall submit agreements with all property owners
c,, including the BLN authorizing the construction of the pipeline and
addressing restoration of the site. All agreements shall be submitted
prior to any Resolution of Conditional Approval.
6. The applicant shall submit documentation of approval from the Army
Corp of Engineers authorizing the proposed Colorado River crossing by
the pipeline in Section 4, T7S, R95W and Section 33, T6S, R95W.
7. The applicant shall submit proof of compliance with all applicable
regulations of the Town of Parachute.
8. A single mobile home, for use as office space, shall be allowed on the
/ site adjacent to the Compressor site. The lease agreement for the
mobile home site shall authorize the placement of the mobile home or
written confirmation from the property owner must be submitted.
9 The applicants shall have 120 days from the date of the Resolution of
Conditional Approval to meet all conditions set forth in the
Resolution. The Special Use permit shall be issued when all
conditions are met and shall be valid for a period of 120 days from
the date of issuance, and shall expire, unless construction or use has
commenced within this period.
Commissioner Schmueser seconded the motion; carried.
County Planner Mark Bean reviewed the meeting of the State Highway Commission
he attended in Grand Junction where he endorsed, on behalf of Garfield County,
the Commission's five year plan and the City of Glenwood Springs made a request
for the Commission to include in the next five year plan the preliminary
studies and design for an alternate bridge across the Colorado River to deal
with the Glenwood bypass. There was no committment made at this time by the
Commission.
In regard to the County Workers Compensation Pool, Roger reviewed the
resolution altered to designate Commissioners Flaven Cerise, Robert Richardson
and Larry Schmueser as its official representatives to all County Workers
Compensation Pool meetings with full authority to cast the county's one vote on
all matters pertinent to the formation and operation of the pool as directed by
the Board. Commissioner Cerise made a motion that the Chairman be authorized
to sign Resolution No. 85-192 concerned with the changing of the designation of
the representative to the Colorado Worker's Compensation Pool. Commissioner
Schmueser seconded the motion; carried.
The meeting was adjourned for lunch at 11:55 A.M. for lunch and reconvened at
1:30 P.M. with all commissioners present.
The next item on the agenda was the adoption of the 1986 Budget, Appropriation
Resolution and Mill Levy Certification. Commissioner Cerise made a motion that
the Chairman be authorized to sign Resolution No. 85-189 summarizing
expenditures and revenues for each fund, and adopting a budget for the County
of Garfield, Colorado for the calendar year beginning on the first day of
January, 1986 and ending on the last day of December, 1986. Commissioner
Schmueser seconded the motion; carried with a vote of two to one.
Commissioners Cerise and Schmueser voted, "Aye" and Chairman Richardson voted,
"Nay.,
Commissioner Cerise made a motion that the Chairman be authorized to sign
Resolution No. 85-190 concerned with levying general property taxes for the
year of 1985, to defray the costs of government for the County of Garfield,
Colorado, for the 1986 budget year. Commission Schmueser seconded the motion;
passes with a vote of two to one. Commissioners Cerise and Schmueser voted,
"Aye" and Chairman Richardson voted, "Nay".
Barrett Energy Coinpany
A wholly-owned subsidiary of Barrett Resources Corporation
1125 17th Street • Suite 2100 • Denver, Colorado 80202 • (303) 297-3900
March 10, 1986
Mr. Glen Hartman
Department of Development
P. 0. Box 640
Glenwood Springs, CO 81602
Dear Glen:
•
I have enclosed a fully executed Right -of -Way and Easement
Agreement among Arco, Tosco and Barrett giving Barrett the right
to construct a gas pipeline across lands owned by Arco/Tosco in
Sections 34, 35 and 25, Township 6 South, Range 95 West.
Also enclosed is a letter stating that Barrett has the right
to maintain an office in a trailer located on land owned by Mobil
and located in Section 33-T6S-R95W. This office is allowed under
the "related facilities" clause included in the right of way and
easement between Mobil Oil Corporation and Barrett dated December
12, 1985.
"Newt" Burkhalter, our engineer, has indicated to me that he
has sent to Garfield County Building Department a completed
permit for the concrete pad needed for the compressor. Please
call me if this permit application does not arrive.
With these three documents, I feel that we have at last
completed the application process. I appreciate your tolerance,
patience and ability to be somewhat flexible with Barrett during
this application process. It was not easy for us to obtain
written and signed documents from the major oil companies.
Please contact me if additional information is needed from
me. If you believe this application is now complete, please
submit to the County Commissioners for issuance of a special use
permit.
JFK:cc
Enclosure
Very truly yours,
J. Frank Keller
Executive Vice President
Barrett Energy Ct. unpany
A wholly-owned subsidiary of Barrett Resources Corporation
1125 17th Street • Suite 2100 • Denver, Colorado 80202 • (303) 297-3900
March 10, 1986
Mr. Glen Hartman
Department of Development
P. 0. Box 640
Glenwood Springs, CO 81602
Dear Glen:
s
Barrett is maintaining a trailer and using it as an office on
lands owned by Mobil Oil Corporation located in Section 33-T6S-
R95W. This office is being utilized to operate and maintain the
gas pipeline and compressor station located in Garfield County,
Colorado, and is allowed under the "related facilities" section
of the Right -of -Way and Easement agreement for a compressor
station between Mobil and Barrett dated December 12, 1985.
Best regards,
J. Frank Keller
JFK:cc
RIGHT OF WAY AND EASEMENT
ATLANTIC RICHFIELD COMPANY, a Delaware corporation, with an address of 555
17th Street, P. 0. Box 5300, Denver, Colorado 80217, and TOSCO CORPORATION, a
Nevada corporation, with an address of 2401 Colorado Avenue, P. 0. Box 2401, Santa
Monica, California 90406, hereinafter referred to as Grantors, in consideration of
Ten Dollars ($10.00) and other good and valuable coo.sideration to Grantors in hand
paid by BARRETT ENERGY COMPANY, a Colorado corporation, with an address of 1125
17th Street, Denver, Colorado 80202, hereinafter referred to as Grantee, the
receipt whereof is hereby acknowledged, do hereby grant unto Grantee, its
successors and assigns, subject to reservations and conditions below stated, a
right of way and easement fifty (50) feet in width for the purposes of laying,
constructing, maintaining, operating, repairing, altering, replacing and removing
pipelines with necessary valves, meters, fittings, appliances and related
facilities (said pipelines, valves, meters, fittings, appliances and related
facilities being hereinafter sometimes collectively referred to as the
"facilities") for the transportation of natural gas over, under, through and across
lands owned by Grantors situated in Sections 34, 35 and 25, Township 6 South, Range
95 West, 6th P.M., Garfield County, Colorado, which lands are more particularly
described in Exhibit "A" attached hereto and by this reference incorporated
herein. Said facilities are to be located along a line designated by survey
heretofore made by Grantee, said line being shown on Exhibit "A" attached hereto as
beginning at Survey Point No. 9 and terminating at Survey Point No. 17, through. and
over said lands of Grantors.
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 exercising the rights granted herein,
provided that such right is exercised without interfering with Grantors' use of any
of Grantors' lands, and provided that Grantee shall notify Grantors or persons
specified by Grantors prior to exercising the aforesaid right of ingress and egress.
There is included in this grant the right, from time to time, to lay,
construct, maintain, operate, alter, repair, remove, change the size of and replace
one or more additional lines of pipe within said right of way and easement,
provided Grantee shall furnish Grantors with ninety (90) days written notice in
advance of construction of any such additional lines of pipe, and provided that
Grantee shall pay or tender to Grantors in consideration for the construction of
such additional line or lines of pipe, a sum equivalent to Five Dollars ($5.00) per
lineal rod of such additional line of pipe within ninety (90) days after the
completion of construction of such additional line or lines of pipe. All payments
required under this paragraph shall be adjusted, prior to payment, in Constant 1986
Dollars. Constant 1986 Dollars shall mean equivalent 1986 Dollars (as of January
1, 1986) adjusted, on an annual bas!.s, to the most recent January 1. Such
adjustment shall use as a base, January 1, 1986, and, as an adjustment, annual
percentage changes from that date to the then most recent January 1 in the Consumer
Price Index, as published by the United States Department of Commerce, or its
successor indices. In the event that Grantee exercises the right to construct such
additional line or lines of pipe, 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.
Grantee shall, during initial construction, bury the pipeline(s) not less than
two and one—half feet below the then existing surface of the land, except when rock
is encountered the pipeline(s) may be buried not less than one foot below the
surface. Following any such construction Grantee shall rehabilitate any and all
lands of Grantors which it may have disturbed to standards imposed by the United
States Department of Interior, Bureau of Land Management, on adjoining public
lands, or to a condition as good as existed prior to construction, whichever is
more stringent. Grantee also agrees to pay for any damage to fences, improvements,
and growing crops and timber which may arise from its operations hereunder; said
damage, if not mutually agreed upon, to be determined by three disinterested
persons, one to be appointed by Grantors, one by Grantee, and the third by the two
parties aforesaid, and the written award of said three persons, or any two of them,
shall be final and conclusive.
Grantors reserve the right to grant additional easements which may overlap the
easement herein granted, provided that Grantors will not allow any facility to be
constructed any closer than 25 feet from Grantee's facilities without the express
written consent of Grantee, which consent shall not be unreasonably withheld, nor
will Grantors build or construct or permit to be built or constructed any building
or other improvement over said right of way and easement.
Grantors further reserve the right to the use and enjoyment of said property
except for the purposes herein granted, including the right of ingress and egress
to and from the surface or subsurface of the easement and right of way herein
granted, and further including the use of any roads or bridges constructed thereon
by Grantee, but such use shall not materially hinder, conflict or interfere with
Grantee's surface or subsurface rights hereunder or disturb its facilities.
Grantee may at any time, and upon permanent abandonment of said right of way
and easement and removal of all improvements constructed thereon shall, execute and
record a reconveyance and' release hereof to Grantors, whereupon the right of way
and easement and all rights and privileges herein mutually granted shall be fully
cancelled and terminated. Said reconveyance and release shall he at no cost to
Grantors.
Grantee hereby agrees to release, discharge, indemnify and hold harmless
Grantors, their assigns, representatives, parent, subsidiaries, officers,
employees, agents and affiliated entities of any and all damages, injury,
liabilities and causes of action of any kind whatsoever that arise as a result of
Grantee's use of said right of way and easement, or the use of Grantors' property
in exercising any of the above enumerated rights, or any such use by Grantee's
representatives, agents, employees, subsidiaries, affiliates or other third parties
on Grantee's behalf, whether such injury or harp is caused to Grantors or Grantee,
their respective representatives, agents, employees, subsidiaries, affiliates or
other third parties, with the exception of any such harm or injury attributable
solely to Grantors' negligence.
Grantee agrees to notify Grantors' grazing or other surface tenant(s) in
advance of undertaking any entry onto or across Grantors' real property. Grantee
further agrees that prior to undertaking any entry onto or across Grantors' real
property, Grantee shall inspect said property in order to assure its safe
condition, and hereby agrees to assume the risk for any harm resulting to any of
its employees, agents, independent contractors or representatives from any such
entry onto or across Grantors' property.
The right of way and easement described herein is granted by Grantors without
any warranty of title of any kind whatsoever. Grantee hereby waives, relinquishes
and releases Grantors of and from any and all rights, claims, causes of action,
damages or costs of any kind whatsoever which may now or hereafter arise by virtue
of or resulting from defects in the merchantability or quality of Grantors' title
to the lands subject to the right of way and easement granted hereunder.
This easement and right of way and all provisions hereof shall be covenants
running with the land and applicable to and binding upon Grantors and Grantee and
their respective heirs, devisees, legal representatives, successors and assigns.
This grant covers all of the agreement between the parties and no
representations or statements, verbal or written, have been made modifying, adding
to, or changing the terms of this agreement.
IN WITNESS WHEREOF, the parties have executed 'this Right of Way and Easement
effective as of the day of
ATTEST:
By:
ATTEST:
By: I
ATTEST:
By:
, 1986.
ATLANTIC RICHFIELD COMPANY
By:
Tit
e: Attorney -In -
TOSCO CORPORATION
y: c
Title: cu et,,
BARRETT ENERGY COMPANY
By:
Tit
///
STATE OF
COUNTY OF
) ss.
)
The foregoing instrument was acknowledged before me this 'A ,,day
of ccs`cNIN , 1986, by C`
as AlclrozJAc.ly - S,, - �u
't� , and
as 1 , of ATLANTIC RICHFIELD COMPANY, a corporation.
WITNESS my hand and official seal.
Nota i Public
My commiagion expires :4\.t.\.
STATE OF C.(b..-rtroQ JIA
)
) ss.
COUNTY OF J,c h eLE )
The foregoing instrument was acknowledged before me this // qday
of cr.. 1986, by 0.4L0.rir.ts ,is { rgGr,S
as Vine- Pr t,,oLr,-+ , and L.,)• YY1 CCac.
as /}.5•F .`Jc ter o r , of TOSCO CORPORATION, a corporation.
WITNESS my hand and official seal.
My commission expires:
STATE OF
COUNTY OF
The
c C L C�F�1lQf�
r
)
) ss.
)
OFFICIAL SEAL
L BUCHSBAUM
NOTARY PJJSLIC • CALIFORNIA
LOS ANGELES COIJNTS'
My comm. expires OCT 10, 1990
foregoing instrument was acknowledged before me this U -T t day
of
Onpi,5 j -
,' 1986, by .tlrl i- KELL q
as V lc•i ArSIfbErIT , and JC_,� pi-� 4 , Rrlp T r
as /�-..,5-iq-r -r 3E. JATAR,/ , of BARRETT ENERGY COMPANY, a corporation.
WITNESS my hand and official seal.
Notary Public
My commission expires:
Barrett Energy Company
A wholly-owned subsidiary of Barrett Resources Corporation
1125 17th Street • Suite 2100 • Denver, Colorado 80202 • (303) 297-3900
February 11, 1986
Mr. Glen Hartman
Department of Development
P. 0. Box 640
Glenwood Springs, CO 81602
Dear Glen:
1 have enclosed the following documents for your
review:
A. Exxon Corporation - Pipeline Right -of -Way Agreement
B. Union Oil Company of California -- Easement
C. BLM - Right -of -Way Grant
•
With the submittal of these three documents 1 believe
Barrett has submitted everything required and met the conditions
set forth by the County Commissioners for final resolution of
appeal and issuance of a special use permit for installation of
100% of our proposed natural gas pipeline.
Please review the enclosed materials. If you have questions
or need additional documentation, please contact me.
JFK:cc
Very truly yours,
J. Frank Keller
Executive Vice President
FEB 24 1986
liARFIELD COUNTY
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
GRAND JUNCTION DISTRICT OFFICE
764 HORIZON DRIVE
GRAND JUNCTION, COLORADO 81506
Serial No. C-40276
Expiration Date January 26, 2016
Right -of -Way Grant
This grant, the details of which are shown below, is a nonexclusive,
nonpossessory right-of-way issued by the Bureau of Land Management under
Sec. 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185).
Sec. A.
1. Name of Holder:
2. Address of Holder:
Details of Grant
Barrett Energy Company
221 East 29th, Suite 136
Loveland, Colorado 80537
The holder shall promptly notify the Grand Junction District Manager,
Bureau of Land Management, of any subsequent change in status or address.
See 43 CFR 2883.2(c).
3. Location of• the Right -of -Way: The above-named holder is hereby authorized
to use, subject to the terms, conditions, and stipulations set out below,
the following -described public land:
Sixth Principal Meridian
Township 7 South, Range 96 West
Section 10: SE'NW' , WkNE'
Section 23: WASE', NE'SEk
4. Description of the Right -of -Way Facility and Purpose: The above-named
holder is hereby authorized to construct, use, maintain and terminate a
natural gas pipeline on the above-described Federal land.
Dimensions of the Right -of -Way: The right-of-way authorized herein shall
be 5280 feet in length and 30 feet in width, containing approximately 3.63
acres.
Approved Map: A map showing the location of the right-of-way (over,
above, across) the above-described public land is attached hereto as
Exhibit A.
This right-of-way may be used only for the purposes specified above. See
43 CFR 2881.1-1(b).
•
�
, of -Way Grant
d"e two
Serial No. C-40276
Sec. B. Terms and Conditions
This right-of-way is granted subject to all valid rights existing on the
effective date it is granted and to the following terms and conditions:
1. The holder agrees to comply with the regulations contained in
43 CFR, Part 2880, which regulations are incorporated herein and made a
part hereof, as well as with all State and Federal laws and implementing
regulations applicable to the authorized use now or hereafter in force.
2. The authorized officer may temporarily suspend all activities under this
right-of-way grant upon a determination that such suspension is necessary
to protect the public health and safety or the environment.
3. Upon written notice to the holder, and after an administrative hearing,
this right-of-way may be suspended or terminated if the holder has failed
to comply with applicable laws or regulations or any of the terms,
conditions, or stipulations of this grant or has abandoned the
right-of�way.
4. The holder shall relinquish the right-of-way to the United States if the
authorized facilities are no longer needed.
5. The United States reserves all rights in the public land affected by this
right-of-way not expressly granted herein to the holder, including, but
not limited to, a continuing right of access onto the public lands; and,
upon reasonable notice to the holder, access to any facility constructed
on the right-of-way; and the right of the authorized officer to require
common use of the right-of-way and to grant additional uses of the
right-of-way for compatible purposes.
6. The holder shall comply with the stipulations attached hereto as Exhibit B
and made a part hereof.
7. In consideration for the right to use the public lands described above,
the holder agrees to pay to the Bureau of Land Management the fair market
value for the right-of-way as determined by the authorized officer. The
initial rental determination shall be reviewed periodically and may be
adjusted as necessary to ensure payment to the United States of fair
market value for the right-of-way. Failure of the holder to submit any
required payment within 30 days after notice of default may result in
termination of this grant.
8.This right-of-way may be renewed at the end of its term if the facility
authorized herein is still in existence and being operated and maintained
in accordance with all the provisions of this grant, the above-cited
regulations, and the Act. The authorized officer may modify the terms and
conditions of this grant at the time of renewal.
Aght-of-Way Grant
j page three
Sec. C.
Serial No. C-40276
Execution and Agreement
This right-of-way grant, and the authority to use the public lands described
above, shall become effective on the date it is executed by an authorized
officer of the Bureau of Land Management.
For Execution by the Holder:
The undersigned agrees to the terms,
conditions, and stipulations of this
right-of-way grant.
2f -u -Y
(Name)
(Title)
674
(Date)
Enclosures:
Exhibit A Map
Exhibit B Stipulations
For Execution by the United States:
This right-of-way grant is executed
this ,Q7 [.day of � , 19'36.
(Authorized Officer)
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Standard Stipulations:
Serial No. C-40276
1. The holder shall immediately bring to the attention of the authorized
officer any and all antiquities or other objects of historic or scientific
interest including, but not limited to, historic or prehistoric ruins or
artifacts discovered as a result of operations under this right-of-way
grant. The holder shall immediately suspend all activities in the area of
the object and shall leave such discoveries intact until told to proceed
by the authorized officer. Approval to proceed will be based upon
evaluation of the cultural significance of the object. Evaluation shall
be by a qualified professional selected by the authorized officer from a
Federal agency insofar as practicable. When not practicable, the holder
shall bear the cost of the services of a non -Federal professional. The
holder shall follow the mitigation requirements set forth by the
authorized officer concerning protection, preservation or disposition of
any sites or material discovered. If recovery and/or salvage excavations
are necessary, the holder shall bear the cost of such data recovery and/or
salvage operations.
2. The holder 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 and/or operations under this right-of-way grant. The holder
shall obtain from the authorized officer approval of a written plan prior
to the use of such substances. The plan must provide for the type and
quantity of material to be used; the pest, insect, fungus, etc., to be
controlled; the method of application; the location for storage and
disposal of containers; and other pertinent information that the
authorized officer may require. The plan should be submitted no later
than December 1 of any calendar year to cover the proposed activities for
the next fiscal year.
If need for emergency use of pesticides is identified, the use must be
approved by the authorized officer. The use of substances on or near the
right-of-way area shall be in accordance with the approved plan. A
pesticide shall be used only in accordance with its registered uses and
without other limitations if the Secretary of the Interior has not imposed
restrictions. A pesticide shall not be used if the Secretary has
Prohibited its use. Pesticides shall not be permanently stored on public
lands authorized for use under this right-of-way grant.
3. No burning of trash, litter, trees, brush or other vegetative material
generated by clearing the right-of-way shall be allowed under this grant.
4. The holder shall comply with applicable State standards for public health
and safety, environmental protection and siting, construction, operation,
and maintenance, if these State standards are more stringent than Federal
standards for similar projects.
,,it B
e two
Serial No. C-40276
5. The holder shall be fully liable to the United States for any damage or
injury incurred by the United States in connection with the use and
occupancy of the right-of-way area by the holder, its employees,
contractors, or employees of the contractors.
6. The holder shall be fully liable for injuries or damages to third parties
resulting from activities or facilities on lands under Federal
jurisdiction in which the damage or injury occurred. The holder shall
fully indemnify the United States for liability, damage or claims arising
in connection with the holder's use and occupancy of the right-of-way
area.
7. In the construction, operation, maintenance, and termination of the
facilities authorized by this grant, the holder shall not discriminate
against any employee or applicant for employment because of race, creed,
color, sex, or national origin. All subcontracts shall include an
identical provision.
Special Stipulations:
1. The holder shall contact the authorized officer or his designated
representative at least 48 hours prior to the anticipated start of
construction activities to schedule a preconstruction conference. The
preconstruction conference shall be attended by the holder, or his
representative, and all contractors or agents involved with construction
activities under this right-of-way grant. The authorized officer is:
Name & Title: James R. Owings, Area Manager, Glenwood Springs Resource Area
Address: P.O. Box 1009, Glenwood Springs, Colorado 81602
Telephone Number: (303) 945-2341
2. When construction of the facilities authorized herein is completed, the
holder shall rehabilitate all disturbed areas as directed by and to the
satisfaction of the authorized officer. All disturbed areas shall be
revegetated, using the following seed formula:
Indian Ricegrass
Fairway Crested Wheatgrass
Russian Wildrye
Siberian Wheatgrass
Yellow Sweetclover
2.5 lbs/acre,
2.5 lbs/acre,
2.5 lbs/acre,
2.5 lbs/acre,
2.0 lbs/acre,
12.0
90% PLS
90% PLS
90% PLS
90% PLS
90% PLS
Seed tags shall be submitted to the authorized officer within 30 days of
completion of work.
All seeding should occur between September 15 and November 15. All seed
shall be drilled to a depth of 1/2 inch. Where drilling is not possible,
seed shall be broadcast and the area raked or chained to cover the seed.
In order to adequately rehabilitate the right-of-way area, the holder
shall revegetate disturbed areas as many times and to the extent deemed
necessary by the authorized officer.
Serial No. C-40276
three
3. Prior to construction, all trees requiring removal along the right-of-way
shall be purchased and disposed of by the holder. All stems and branches
over 4 inches in diameter shall be: a) removed from public land for
resale or private use, or b) cut into lengths not exceeding 6 feet and
scattered along the pipeline route. All stumps shall be removed from
public land, or scattered along the right-of-way as directed by the
authorized officer. All stems and branches less than 4 inches in diameter
shall be scattered along the right-of-way as directed by the authorized
officer.
4. In order to protect important seasonal wildlife habitat, construction
activity and surface disturbance is not allowed during the period from
January 31 to April 15. This.limitation does not apply to maintenance and
operation of the right-of-way. Any exceptions to this requirement must be
authorized by prior written approval from the authorized officer.
5. The holder shall construct water bars on all of the right-of-way as
directed by the authorized officer.
6. All trash, refuse, and discarded or unused material generated during
construction shall be removed upon completion of construction and properly
disposed of at the Garfield County sanitary landfill.
7. Prior to abandonment of the facilities authorized herein, the holder shall
contact the authorized officer to arrange a joint inspection of the
right-of-way area. The inspection will be held to agree on an acceptable
abandonment and rehabilitation plan. The authorized officer roust approve
the plan in writing prior to the holder commencing any abandonment and/or
rehabilitation activities. The plan shall include, but not be limited to,
removal of drainage structures or surface material; recontouring;
replacement of topsoil, seeding, mulching, etc.
If facilities authorized for construction under this right-of-way grant
use Polychlorinated Biphenyls (PCBs) such use shall be in a totally
enclosed manner in accordance with provisions of the Toxic Substances
Control Act of 1976 as amended (see 40 CFR Part 761). Additionally, any
release of PCBs (leaks, spills, etc.) in excess of the reportable quantity
established by 40 CFR part 117 shall be reported as required by the
Comprehensive Environmental Response, Compensation, and Liability Act,
section 102b. A copy of any report required or requested by any Federal
age»cy or State government as a result of a reportable release or spill of
any hazardous material shall be furnished to the authorized officer within
5 working days of the occurrence of the spill or release.
9. The pipeline(s) authorized by this grant shall be constructed, operated,
and maintained as common carriers. The owners or operators of the
pipelines(s) shall accept, convey, transport or purchase without
discrimination all oil or gas delivered to the pipelines(s) without regard
to whether such oil or gas was produced on Federal or non -Federal lands.
In the case of oil or gas produced from Federal lands or from the
resources on the Federal lands in the vicinity of the pipeline, the
Secretary may, after a full hearing with due notice thereof to interested
parties and a proper finding of facts, determine the proportionate amounts
to be accepted, conveyed, transported or purchased.
Serial No. C-40276
9. (continued)
These common carrier provisions shall apply to any natural gas pipeline
operated by any person subject to regulation under the Natural Gas Act or
by any public utility subject to regulation by a State or municipal
regulatory agency having jurisdiction to regulate the rates and charges
for the sale of natural gas to consumers within the State or
municipality. Where natural gas not subject to State regulatory or
conservation laws governing its purchase by pipeline companies is offered
for sale, each pipeline company shall purchase, without discrimination,
any such natural gas produced in the vicinity of the pipeline authorized
herein.
10. The holder shall not cause or permit well hookups to this pipeline to be
made or transport oil and gas production from leases or individual wells
until production and metering facilities have been specifically approved
by the appropriate authorized officer in accordance with 43 CFR 221.33;
221.42; and 221.44.
RECORD OF CONVERSATION
/1() DATE: f��"
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TIME: �1 • OL''vo'?
FILE: 7/044,.d lzl�•� t •
COMMENTS: OW,, Ili ?t. rrvc EC�-��
td
OUTGOING:
INCOMING:10/
CONTACT:
Coq_ ,1 / 2.. l- - 11)5L,,
fw c6.1,1Ceffia,f>
c-67,
FURTHER ACTION REQUIRED:
SIGNED: 'rr.__ 2�
/✓L- L
EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that UNION OIL COMPANY OF
CALIFORNIA, a corporation, hereinafter referred to as Grantor, for
and in consideration of the sum of TEN DOLLARS AND OTHER
CONSIDERATION to the Grantor in hand paid by BARRETT ENERGY COMPANY,
a wholly-owned subsidiary of BARRETT RESOURCES CORPORATION, a
corporation, hereinafter referred to as Grantee, the receipt of
which is hereby acknowledged, does hereby grant, sell, and convey,
without warranty of title, either expressed or implied, unto said
Grantee, its successors and assigns, a non-exclusive easement ten
(10) feet in width and five (5) feet in depth (hereinafter called
"Easement") to locate, survey a route, construct, entrench, maintain
and operate a pipeline with necessary valves, cathodic equipment and
appurtenances thereto, (said pipelines, valves, cathodic equipment
and appurtenances, being hereinafter sometimes collectively called
the "Facilities") all for the sole purpose of transporting natural
gas produced by Grantee from wells located west of Grantor's lands,
including but not limited to wells located in Sections 3 and 10,
T7S, R96W, 6th P.M., Garfield County, Colorado, over, under and
through the land, along the line designated by survey heretofore
made or hereafter to be made by Grantee, hereinafter described on
Exhibit "A" attached hereto;
Grantor reserves the right to grant additional easements
which may overlap the Easement herein granted, provided that Grantor
shall not allow any facility or structure to be constructed within
the above said 10-foot non-exclusive Easement except as otherwise
provided herein. Grantor reserves the right to terminate portions
of this Easement and Facilities with six (6) months' prior written
notice to Grantee if Grantee's use interferes with Grantor's oil
shale mining, retorting or upgrading operations; provided however,
such right is conditioned on Grantor's providing suitable alternate
Easement to Grantee. Grantee shall remove and relocate the Easement
and Facilities at its sole cost and expense.
This Easement shall carry with it the right of ingress and
egress to and from, and access on and along said Easement with the
right to construct necessary roads, by such routes as shall cause
the least practicable damage and inconvenience and as designated by
Grantor for the purpose of constructing, inspecting, repairing and
maintaining the Facilities and the removal or replacement of same at
will, either in whole or part, and the replacement of said pipeline
with either like or different size pipe; provided however, Grantee
shall notify Grantor's Oil Shale Operations security forty-eight
(48) hours prior to each such access. During temporary periods,
Grantee may use fifty (50) feet of the property along and adjacent
to said Easement to the extent such use does not interfere with
2
structures existing at the time of such use, and as may be
reasonably necessary in connection with construction, operation,
maintenance, repair, removal or replacement of the Facilities.
TO HAVE AND TO HOLD for a primary term extending through
December 31, 1986, and for so long thereafter as Grantee or its
successors and assigns are using Facilities for the transportation
of natural gas from Grantee's wells hereinabove described. If,
after this primary term, operations for the transportation of
natural gas cease for a period of more than twenty-four (24)
consecutive months, then Grantee shall be deemed to not be using
said Facilities and this Easement shall terminate. Grantee may, at
any time or from time to time, remove Facilities and upon permanent
abandonment or termination as provided hereinabove, shall execute
and record a reconveyance and release. Surviving any termination it
shall be the Grantee's obligation to restore and reclaim all land
included within the Easement affected by Grantee's activities
including, but not limited to, the removal of Facilities to the
extent required by applicable law or to its equivalent prior
condition whichever is greater.
Grantor reserves the right for itself, its assigns, and
subsequent grantees to the use and enjoyment of said Easement,
except for the purposes herein granted, provided such use shall not
unreasonably interfere with Grantee's rights hereunder, including
the right to have Grantor's, or its assigns' facilities cross
through the Easement in such a manner which shall not unreasonably
interfere with any of Grantee's then existing use of its Easement.
Grantor shall notify Grantee at least fifteen (15) days prior to
commencing or allowing construction of any such crossing which
Grantor, or a subsequent Grantee, proposes to install or construct
for the purpose of allowing Grantee to witness such crossing
construction.
Whether or not taxes, assessments or public charges are
separately assessed against Grantee, it shall pay taxes, assessments
or public charges levied or imposed upon its Easement or upon other
personal property, improvements or fixtures owned or placed by it
within the Easement subject to its right to contest same, provided
that in no event shall Grantee permit its Easement to be sold for
tax purposes. In the event said taxes, assessments or public
charges are not separately assessed, then promptly following written
notice from Grantor, Grantee shall reimburse Grantor for any taxes,
assessments or public charges attributable to its Easement.
Grantee shall keep its Easement free and clear of all liens
or encumbrances at all times, subject to its right to contest same.
Following any such construction, Grantee shall rehabilitate
the Easement across the property described herein to a condition
equivalent to that prior to construction, or to the extent required
by applicable law, whichever is the greatest.
4
Grantee shall have the non-exclusive right to mark the
location of its Easement by suitable markers set on the ground,
and shall have the right to use gates, which at all times will
be locked by Grantor or Grantee, in all fences which are now
located or hereafter to be located on Grantor's lands as may be
necessary or convenient for access to its Easement.
Grantee shall operate and maintain its Easement in a
safe, clean, lawful and workmanlike manner and in accordance
with accepted industry standards including, but not limited to,
the following:
a. Grantee shall bury any subsurface Facilities at
least to a depth of forty-eight (48) inches from
finished grade.
b. Grantee shall provide casing for any pipeline
within heavy load crossing access routes, as
reasonably designated by Grantor, from time to
time, or at Grantee's option, shall bury said
pipeline to a depth sufficient to accommodate heavy
load crossing routes.
c. Grantee shall install a reasonably adequate
cathodic protection system within this Easement.
Such system shall be coordinated with other
facility owners' cathodic protection systems for
similar facilities.
5
d. Grantee shall maintain current as-built drawings
for subsurface Facilities within the Easement.
Copies shall be furnished to Grantor, and filed
with the Garfield County Planner or other
applicable county authority.
e. Grantee shall provide Grantor with prompt notice by
telephone of any material obstructions discovered
during construction within the Easement which may
reasonably require Grantor's cooperative removal to
facilitate subsequent use of the easement. This
agreement does not create the obligation on the
part of Grantor to cooperatively remove
obstructions or to pay any of the costs thereof.
f. Grantee shall idemnify, defend and hold harmless
Grantor, its directors, officers, employees and
agents, from and against all loss, cost, damage,
expense or liability, which Grantor may incur or
suffer as a result of damage of property or injury
to or death of persons arising out of or resulting
from the exercise of Grantee's rights hereunder,
except to the extent that any such damage, injury
or death may be caused or contributed to by the
negligence of the indemnitee.
g. Prior to construction, maintenance, repair, renewal
and/or reconstruction of Facilities located within,
under or through the right-of-way for the Denver and
Rio Grande Western Railroad Company ("Railroad
Company") industrial railroad spur located between
Grantor's shale oil upgrading plant and the
Railroad Company mainline siding, which industrial
railroad spur is owned by Grantor or Grantor and
Exxon Corporation, Grantee shall submit to the
Railroad Company plans setting out the method and
manner of handling the work, and shall not proceed
with the work until such plans shall have been
approved by the Chief Engineer of the Railroad
Company and then only under the supervision of said
Chief Engineer, or his authorized representative.
The above described industrial railroad spur and
Railroad Company mainline siding intersect at a
point S65°20'24"E a distance of 1,638.53 feet from
the northwest corner of Section 7, Township 7
South, Range 95 West, 6th PM (the above bearing
being based on the Union Oil Modified Coordinate
System which has a basis of bearings of N 380 46'
25" West between U.S.C. and G. S. Stations Hurlburt
and Sage).
Notices under this Agreement may be made by one party
to the other in writing by properly addressing and placing such
notice postage paid in the United States mails, by telegram, by
telex, or by delivery in person to the following addresses:
TO GRANTOR:
Union Oil Company of California
P. O. Box 7600
Los Angeles, California 90051
Attn: Manager of Lands
Union Energy Mining Division
TO GRANTEE:
Barrett Energy Company
1125 17th Street Suite 2100
Denver, Colorado 80202
Attn: John F. Keller
Executive Vice President
or Union Oil Company of California
1201 West Fifth Street
Los Angeles, California 90017
Attn: Manager of Lands
Union Energy Mining
Division
A notice given under any provision hereof shall be
deemed given only when received by the Party to whom such
notice is directed, except that any notice given by United
States registered or certified mail or by telegraph properly
addressed to the Party to whom given, with all postage and
charges prepaid, shall be deemed given to and received by the
Party to whom directed seventy-two (72) hours after such notice
is filed with an operating telegraph company for immediate
transmission by telegraph.
8
The address of each Party as set forth shall be deemed
its proper address until ten (10) days after each other Party's
receipt of notice of its new address. If a post office box is
given, the new address must, in addition, include a street
address.
This Easement shall be governed by and construed in
accordance with the laws of the State of Colorado.
The covenants contained in this Easement shall survive
any assignment, surrender or termination of the Easement and
shall be covenants running with the Easement.
This Easement and rights hereunder shall not be
assigned by Grantee without the prior written approval of the
Grantor, which approval shall not be unreasonably withheld.
The failure of either party to insist on strict
performance of any of the Easements, covenants, terms and
conditions hereof shall not be deemed a waiver of any rights or
remedies that such party may have for any subsequent breach,
default or non-performance.
It is hereby agreed that this Easement shall be binding
upon the successors and assigns of both parties hereto.
WITNESS THE EXECUTION HEREOF THE day o
/71"#--
1986, A.D.
UNION OIL COMPANY OF CALIFORNIA
- 10 -
STATE OF CALIFORNIA
)ss
COUNTY OF LOS ANGELES
BARRETT ENERGY COMPANY
The foregoing instrument was acknowledged before me this
day o , 1986, by
as Attozney-in-Fat-r.».:ffb nd on behalf of
UNION OIL COMPANY OF CALIFORNIA, a California corporation.
My Commission Expires:
Nota
JInnslnuI,rnuummuunnin hInfImmntnnfglnuwHluf
I : - OFFICIAL SEJN. >_
HYLAJEAN BARNET!' _1
y`a.`''" NOTARY PUBLIC IA E.
1/44..'",r/ PRINCIPAL OFFICE IN
E LOS ANGELES COUNTY
My Commission Ex h s October 26, 1988
xl moIIIIliiillilllililUmo lillnnnfnlllenumnlnllll oofF:
STATE OF COLORADO
)ss
COUNTY OF
The foregoing instrument was acknowledged before me this /3a
clay ofz-v, 1985, by
as
ENERGY COMPANY.
My Commission expires:
for and on behalf of BARRETT
r� J
Notary Public
PIPELINE RIGHT -OF -MAY AZT
THIS AGREEMENT, between EXXON CORPORATION, a New Jersey
corporation with address of 743 Horizon Court, Grand Junction,
Colorado 81501 ("Grantor") , and HAMMETT ENERGY COMPANY, a wholly
owned subsidiary of Barrett Resources Corporation, and a Colorado
corporation with address of 1125 Seventeenth Street, Suite 2100,
Denver, Colorado 80202 ("Grantee"), is effective as of the
day of ,2;;;40004/ 1986 and is concerned with the construction
and use of a natural gas pipeline through Sections 5, 6 and 7,
Township 7 South, Range 95 West, and Sections 1 and 12, Township
7 South, Range 96 West, all in Garfield County, Colorado.
IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED,
it is agreed as follows:
1. Grantor grants to Grantee the nonexclusive right-of-way
and easement, exercisable from time to time, to lay, construct,
maintain, operate, replace, protect, repair and remove an 8 -inch
O.D. pipeline and all incidental equipment for the transportation
of natural gas on, over and through the lands described in
Exhibit A, attached hereto and made a part hereof. Said
right-of-way and easement shall be 5 feet on both sides of a
centerline described in Exhibit A, together with the right of
ingress and egress over and across the above-described lands and
adjacent lands of Grantor, access to such adjacent lands of
Grantor being subject to Grantor's prior written approval, which
approval shall not be unreasonably withheld, for all purposes
incident to this grant.
2. Grantor also grants to Grantee a nonexclusive license
for the temporary use of up to fifty feet (50') in width of real
property along and adjacent to the centerline of said
right-of-way and easement granted herein as may be reasonably
necessary to facilitate the construction, maintenance, repair,
removal or replacement of the pipeline, but only insofar as any
activities within such license width do not interfere in any way
with existing or subsequent uses to which Grantor, or those to
whom Grantor has or may give usage rights, may put such real
property.
3. It is understood and agreed that these grants do not
constitute a conveyance of any part of the land described above
or of the minerals therein or thereunder, but grants only the
rights specifically described. Grantor retains for itself and
its successors and assigns the right to otherwise use and enjoy
the lands described for any purposes except as may unreasonably
interfere with the rights herein granted; provided, however, that
as to the lands to which the license described in paragraph 2
herein may attach, there shall be no restrictions whatsoever upon
Grantor's use thereof.
4. Grantee agrees to pay Grantor the amount of Fourteen
Dollars ($14.00) per rod for each rod of easement granted as
determined by the length of the centerline of the right-of-way.
This amount shall compensate Grantor for the right-of-way and
easement granted and also for surface damages to the real
property only as may be incurred through construction,
maintenance and removal of the pipeline. The payment shall be
made upon execution of this agreement based on the information
set forth in Exhibit A; provided that an adjustment shall be
made, if necessary, upon completion of an "as built" survey
required herein with any additional payment being made to Grantor
or refund given to Grantee, as the case may be, depending upon
actual rods of right-of-way involved, within forty-five days
after completion of the survey.
5. In exercising its rights of ingress and egress to and
from the right-of-way and easement, Grantee shall use existing
roads and shall not construct any new roads to the right-of-way
and easement across adjacent lands of Grantor's except with the
prior written approval of Grantor. Grantor shall have no
obligation or responsibility to maintain any roads and may remove
or relocate roads at its sole option, including those roads which
may be constructed by Grantee.
6. No piping or other construction materials shall be
stored along the right-of-way and easement or on any other real
property owned by Grantor except as may be agreed to in separate
agreement. Grantee further agrees that it will maintain the
right-of-way and easement and such other temporary work areas and
roads as it may use free and clear of all trash, debris and
unsightly material. Grantor has no "padding material" available
for Grantee's use. Grantee will not remove nor obtain any sand,
gravel or soil materials from Grantor's lands for use in
construction, maintenance or removal of the pipeline.
7. Grantee agrees to bury the pipeline constructed on the
right-of-way and easement to a depth of at least forty-eight
inches (48") below the surface. Grantee shall also physically
mark turning points of the pipeline such that the location of a
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point where the pipeline changes direction can be identified on
the surface of the land.
8. Grantee agrees that it will not construct or develop any
water wells on Grantor's lands. Grantee's activities, including
those of its contractors and agents, shall be limited to existing
or approved roads, the right-of-way and easement, and such
temporary construction work space as is designated herein.
9: Grantee shall be responsible for obtaining, and
complying with, all permits and approvals from governmental
authorities as may be necessary for the construction and
operation of the pipeline and Grantee's use of the property
described herein. It is understood and agreed that the lands
described herein may presently or in the future be included in a
permit or approval issued to Grantor by the State of Colorado
Mined Land Reclamation Board in connection with Grantor's oil
shale development activities. Such a permit or approval may
require certain land reclamation activities if surface lands
included therein are disturbed by an entity. In the event
obligations or requirements are imposed on Grantor under such a
permit or approval as a result of Grantee's activities on the
right-of-way and easement, the temporary construction work space,
or any roads used by Grantee, Grantor shall immediately notify
Grantee of the obligations or requirements and Grantee shall
fully comply with such as if the order were given to it directly
by the agency.
10. Grantee agrees to reclaim all property disturbed by it
at any time in connection with the exercise of its rights
hereunder. Reclamation shall be reasonably satisfactory to
Grantor. Grantee further agrees that it will protect all
existing pipelines, electrical lines, communication lines, and
other physical structures, facilities or device present, on or
near the right-of-way and easement or other lands which Grantee
is authorized under this agreement to use. In the event
Grantee's operations damage or destroy any of these lines,
structures, facilities or devices, grantee shall immediately
cause them to be repaired, restored or replaced such that they
will be in the same or better condition and perform or be capable
of performing the same functions as prior to the damage or
destruction in addition to any other remedies Grantor may have.
11. By Railroad Right -of -Way License dated June 4, 1985 and
recorded at Book 672, Pages 436-442, records of Garfield County,
Colorado, Exxon Corporation granted certain rights to Union Oil
Company of California for a right-of-way for railroad trackage
-3-
across lands situate in Section 12, Township 7 South, Range 96
West, and Sections 6 and 7, Township 7 South, Range 95 West, all
in the 6th P.M., Garfield County, Colorado. In addition, by
Railroad Right -of -Way and Trackage License dated June 4, 1985 and
recorded at Book 672, Pages 428-435, records of Garfield County,
Colorado, Exxon Corporation granted an undivided one-half
interest in and to a right-of-way to Union Oil Company of
California for railroad trackage across lands situate as
referenced above. In both agreements, the right-of-way width is
fifty feet (50'), being twenty-five feet (25') on each side of
the centerline of the railroad trackage as actually constructed.
Notwithstanding anything to the contrary herein, the rights
granted hereunder shall not extend in any manner to lands
included within the above -referenced grants to Union Oil Company
of California. In the event that the right-of-way and easement
or license for temporary use granted hereunder would otherwise
overlap the lands included within the referenced grants to Union
Oil Company of California, then, and to the extent of any such
potential overlap, the right-of-way and easement or license for
temporary use granted to Grantee shall be limited to lands not
included within the rights-of-way described in the grants to
Union Oil Company of California.
12. By agreement dated April 7, 1982, a memorandum of which
is recorded at Book 633, Pages 461-645, Reception Number 344923,
records of Garfield County, Colorado, Exxon Corporation granted
certain rights to Atlantic Richfield Company, Chevron Shale Oil
Company, Eaton Shale Company, Mobil Oil Corporation, The Oil
Shale Corporation, and Union Oil Company of California in and to
a Service Corridor described in the referenced agreement. This
Service Corridor extends to a depth of twenty-five feet (25') as
provided in such agreement and must be crossed by Grantee's
pipeline. Grantee agrees to bury the pipeline constructed to a
depth of at least twenty-seven feet (27') below the surface of
the ground in all areas where an easement as described in the
referenced agreement defining the Service Corridor is encountered
such that Grantee's pipeline will be beneath the Service Corridor
interval.
13. Grantee agrees that it shall construct, maintain,
operate and use a single 8 -inch 0.D. pipeline and shall not place
an additional pipeline or pipelines, or appurtenances thereto,
on, over, under or across the right-of-way and easement granted
herein. Grantee agrees that such pipeline shall have full and
proper cathodic protection. Grantee agrees to move and relocate
at the request of Grantor, one time only, Grantee's facilities
located on the right -of --way and easement to a right-of-way
-4-
provided by Grantor which is reasonably suitable for pipeline
construction from an engineering and economic viewpoint, with the
sole cost and expense of such relocation being that of Grantee.
Grantor shall have the further right to require and Grantee
agrees to relocate such facilities at Grantor's request provided
that any subsequent relocations shall be at the sole cost and
expense of Grantor. Grantor shall provide Grantee written notice
at least six months prior to any requested relocation.
14. Grantee will furnish Grantor an "as built" survey of the
centerline of the pipeline at such time as the construction of
the pipeline over Grantor's land is completed. The right-of-way
width as may be granted shall be equally divided on both sides of
the "as built" centerline except as may be limited under
Paragraph 11 herein.
15. Grantee shall comply with all laws, regulations, codes
and judicial and other orders of federal, state and local
governmental authorities having jurisdiction over Grantee or any
of the work or activities conducted on the pipeline right-of-way
and easement, road right-of-way, and such other temporary
construction work space as may be designated herein. Grantee
agrees that all work constructed thereon shall be performed in a
good and workmanlike manner in compliance with all applicable
codes and that Grantor can rely upon construction being
accomplished in such a manner. Grantee agrees to indemnify and
save Grantor, its officers, directors, employees, agents and
representatives, harmless from and against any and all liability,
penalites, fines, costs and expenses arising out of or due to
Grantee's failure to comply with any of the requirements of this
paragraph and to defend, at its expense, against all lawsuits and
actions or proceedings of a legal, administrative, judicial or
other nature resulting from any such failure to which the above
agreement to indemnify pertains. Grantor shall have the right,
but shall not be required, to participate in such defenses
without limiting Grantee's indemnity obligations under this
agreement.
16. Grantor and Grantee each will indemnify and save the
other harmless from and against all claims, liability and causes
of action for injury to or death of any person or persons,
including persons employed or engaged by Grantee or Grantor and
for damage to or loss of property resulting from willful or
negligent acts or omissions of such party or its agents,
employees, representatives or subcontractors to the extent
permitted by law.
-5-
17. Grantee agrees to carry worker's compensation insurance
in coverages and amounts necessary to fully comply with
applicable laws and to require its contractors working in the
lands covered by this agreement to do the same.
Grantee represents that it now carries comprehensive
general liability insurance in the coverages and amounts stated
in Exhibit B, attached hereto and made a part hereof, and agrees
to maintain this insurance for the term of this right-of-way and
easement. Whenever requested by Grantor, Grantee shall deliver
to Grantor satisfactory evidence that this insurance is being
carried by Grantee including, if requested by Grantor, certified
copies of all policies of the insurance referred to above.
From time -to -time, but not more frequently than every
three years, commencing no sooner than three years from the date
of this agreement, Grantor may request that the parties consider
the amount of liability insurance carried by Grantee under this
paragraph. It is agreed that upon such a request being made,
Grantee shall increase its liability insurance coverage in the
same proportion that the consumer price index for the month in
which the request is made, as published by the United States
Department of Labor, or a similar index as may be issued by a
governmental entity, has increased using the index for January
1986 as a base. Upon such an increase being made, Exhibit B
shall be amended to reflect the then current level of insurance
required.
18. It is understood between the parties hereto that no
warranties or covenants of title of any nature are made by the
Grantor in regard to any right-of-way and easement, license or
other rights as may be granted pursuant to this agreement. And
it is further understood that the Grantor shall grant such
right-of-way and easement, license for temporary use, and other
rights insofar, and only insofar, as it has interest in the
various lands described in Exhibit A or adjacent to such lands
and no representations to the contrary have been made.
19. This agreement and the grants contained herein shall
continue in force and effect so long as Grantee is using the
pipeline for the transportation of natural gas and for six months
following the cessation of natural gas tansportation in the
pipeline for a period of time longer than one hundred eighty
(180) days. Upon termination, Grantee shall release and
quitclaim its interest in and to the described lands back to
Grantor. In the event Grantee shall not have begun actual
construction of the pipeline on the lands described herein within
-6-
two years from the date of this agreement, this agreement as well
as the grants conveyed herein shall terminate and shall be of no
force and effect.
20. Grantee shall not assign any of its rights or
obligations under this agreement without prior written approval
of Grantor. Subject to the foregoing, this agreement shall inure
to the benefit of and shall be binding upon Grantor and Grantee
and their respective successors and assigns.
21. This agreement shall be governed by the laws of the
State of Colorado.
WITNESS the execution of this agreement as of the date first
above written.
EXXON CORPORATION
Bygennt
t
and Attorney in Fact
BARRET NERGY/ PANY
BY �� ` i�_
STATE OF
COUNTY OF 2�4,r,1::-
SS:
The foregoing instrument was acknowledge before me this
945 day of ��-a.
�, 1986 by AK/ ��'�i`i. as
Agent and Attorney in Fact of EXXON CORPORATION.
WITNESS my hand and official seal.
My commiss4on expires:
STATE OF (?;todr
COUNTY OF 0.42-71 v -X-(--)
)
)
)
SS:
v _ Notary Public
The fore oing instrument was acknowledged before me this
j . l-- day of .‘1 -.1t -c-,2 1986 by i J. /G�'eL4J as
Cycct.L� x. �c c -v ie -6-1" of BARRETT ENERG! CO.
WITNESS my hand and official seal.
My commission expires:
/9J
rotary Public
WESTERN INC.
2516 Foresight Circle
Grand Junction, CO 81505
303-241-4471
May 6, 1986
Mildred Alsdorf
County Clerk and Recorder
Box 640
Glenwood Springs, CO 81601
SUBJECT: NATURAL GAS PIPELINE
GARFIELD COUNTY
Dear Ms. Alsdorf:
This letter is being written to inform you that Ute Western, Inc., in-
stalled a natural gas pipeline in Garfield County this year for Barrett
Energy Company of 221 East 29th, Suite 240, Loveland, Colorado 80537.
I understand you needed this confirmation in order for Barrett Energy to
secure the final Garfield County permit needed for their Grand Valley
Pipeline.
If you need further in *•rmation, please do not hesitate to call me.
S •eere
Donald W.ncarich
President
DWL : kh
cc: Frank Kellar
Barrett Resources
ur SMITH E1IERGY SERVICES
Division of Smith International, Inc.
Box Q
1115 16 Mile Road
Fruita, Colorado 81521
Phone (303) 858-1151
May 1, 1986
Mildred Alsdorf
County Clerk and Recorder
P.O. Box 640
Glenwood Springs, Colorado 81601
Dear Mildred:
It has been requested of me by Merle Evers, Barrett Energy Company, to
notify your office that we perform work for Barrett Energy in Garfield
County on a continuing basis.
This letter is to verify to you that Smith Energy Services is indeed per-
forming services for Barrett and will continue to do so.
If there are any questions concerning the above, please call me.
1.4vco )221c/a
Hary Michel
District Manager
Smith Energy Services
(303) 858-1151
AGREEMENT
This stipulation between Barrett Energy Company and Garfield County,
Colorado is entered into on this day, the 6th of January, 1986.
It is the intent of the parties that by entering into this agreement, they
acknowledge certain conditions of approval concerning the Special Use
permit for Barrett Energy Company natural gas transmission pipeline
system, (hereinafter referred to as pipeline) conditionally approved on
November 12, 1985.
Specifically, the parties acknowledge that the Final Resolution of
Approval and the Special Use permit for the pipeline shall not be issued
until the following conditions have been met to the satisfaction of the
Garfield County Board of Commissioners.
Conditions:
1. The applicant must submit documentation of agreements with all
property owners authorizing the construction of the pipeline.
The authorization may take the form of lease agreements,
right-of-ways, or easements, and should formally address
restoration plans. These agreements must be completed prior to
any Resolution of Approval.
2. That application for all building permits must be made to the
Garfield County Building Department.
Barrett Energy Company is hereby authorized to immediately commence
construction of said pipeline on lands located in the SW 1/4, Section 33,
T6S, R95W of the 6th P.M. of Garfield County, State of Colorado and all
lands to the east.
Barrett Energy Company expressly agrees and admits that all construction
and related activities are done without any assurance, agreement or
stipulation on behalf of the Garfield County Commissioners that final
approval of the entire project will be granted in the future. Barrett
Energy Company hereby acknowledges that all construction and related
activities are done at its own risk, without liability of Garfield County,
specifically acknowledging the necessity of the satisfaction of the above
noted conditions of approval before final authorization is granted.
Page Two
Barrett Agreement
January 6, 1986
Barrett Energy Company shall satisfy the above noted conditions on or
before March 1, 1986, at which time authorization for construction and
related activities based upon this agreement shall expire.
rrett Energy Company
y °. hmueser, Chairman
Garfield County Commissioners