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HomeMy WebLinkAbout1.0 Application, Staff Report & CorrespondenceGARFIELD COUNTY BUILDING AND PLANNING August 17, 1994 James L. Krohe Right -of -Way Technician Rocky Mountain Natural Gas P.O. Box 670 Glenwood Springs, CO 81602 RE: Board of Adjustment Hearing Dear Mr. Krohet Please consider this letter to be official notification that on August 16, 1994, the Garfield County Board of Adjustment approved your request for a variance from Section 3.10.04, Setback, Industrial, that requires a 100 ft. setback from all property lines. The variance is granted to allow a variance to 25' for the easterly property line at the parcel north of State Highway 6 & 24, west of Rifle, near the existing compressor stations owned by Questar, Public Service of Colorado and Williams Field Services. If you have any question, feel free to contact this office. Sincerely, Stella M. Archuleta Secretary to the Garfield County Board of Adjustment 109 8TH STREET, SUITE 303 945 - 82121825. 55711285 -7972 GLENWOOD SPRINGS, COLORADO 81801 UNITED STATES POSTAL SERVICE i1dgirr, Official Business I 9.12_10, IP. Ayj OR PRIVATE mmimo USE TS ' ID PAYMENT U.S. MAIL AUG 0 3 1994 I I • TAGS, s300 t I GAIRFIELD COUNTY Print your name, address and ZIP Code here GARFIELD OOl1NTY PLANNMVG DEPARTMENT 109 8111 ST. - SUITE 303 GLENWOOD SPRINGS, CO 81801 M1 iSENDER:CCerppieta Items 1 and/or 2 for additional services.I also wish to receive the Atopletatems 3, end 4a E. b.following services (for an extra Print your name and address on the reverse of this form so that we can fee):return this card to you. Attach this form to the front of the mailpiece, or on the back if space 1. Addressee's Address does not permit. Write "Return Receipt Requested" on the mallplece below the article number. 2. Restricted Delivery ATheReturnReceiptwillshowtowhomthearticlewasdeliveredandthedate g delivered.Consult postmaster for fee. 1 3 . Article Addressed to:4a. Article Number P.240 882 329 g W.F. Clough 4b. Service Type Return Receipt cc P.O. Box 686 Registered Insured Certified COD Rifle CO 81650 0 Express Mail Return Receipt for Merchandise 7. Date of Deily c 5. gne IA a el 8. Addressee's Address (Only if requested 1jandfeeIspaid) l '13. Signature (Agent)g 1 PS Form 3811, December 1991 eu.a. GPO: tasz-aza4a¢ DOMESTIC RETURN RECEIPT 4 t, • CXNNNNXNXNX ijtj I L brdnJ i I fill ill g 8 kg t. T''.. itiffil RI pirlqg . 1 mmlINm14 Itlii go141 c, Ill It ft X$r.. m g bT n o b r• n w, =• 0 ': ; 20 •y 8q.y 5 z N n wi -'Z t*i0lig,F w Da p a9pp O p el Sa r0r;' g 0 o - P , 2 oar H g g f:N "C S 9.0. do E"0 a,"N., 0. w ty O O yOin7 ~ n n Ta" 5 , o o ( 5 f'O i 5y., j 0 0. E. c ., C H Y.I yAfi / • yam 7`.4 N N Q0. ry O'0 7.1 9 rlo0nYA aIl!4HrU c . 0 0 w • rt 0 G n PI o F d w Oa d N .15 w 6 Cx C a Tart pa 0o 5'o G o n 06 BRoffga 0a."v .0 . 52 R N Cfl N rt tAA G ^ "R S ni d ro d0. r New U ° Q) E w o 51 AP \ J y, Fo 02„-5.-Eap' i ° aE a ttp.a O O p M1 N - a N eo nA w E ew rv.o n 1 6 S gayn E P 240 882 329 Receipt for Certified Mail No Insurance Coverage Provided IMMOSERVCSTMCS Do not use for International Mail See Reverse) sert . F. Clough Lr erd: o Box 686 eORi ° ld ZIPEde 81650 Postage 29 Certified Fee 1000 Spocial Delivery Fee Restricted Del Fee e- Return Receipt Showing ep to Whorn & Date Delivered Return Receipt Showing to Whom, 1 • 00cDate, and Addressee's Address D & Fees 2. Postage 2 C Fees WPostmark or Date rfaqLL aI RESCHEDULED PUBLIC NOTICE TAKE NOTICE that ROCKY MOUNTAIN NATURAL GAS has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance in connection with the following described property situated in the County of Garfield, State of Colorado; to- wit: Legal Description: See Attached Practical Description:North of Highway 6, East of the intersection of Highway 6 & 1 -70, near the location of the existing Questar, Williams Field Services and Public Service Company of Colorado facilities. Said Variance application is to allow a reduction in the required 100 from the easterly property line, to allow the facility to be installed within 25 feet of the easterly property line on the above described location. All persons affected by the proposed Variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special Use Permit requests, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property Owners and others affected in deciding whether to grant or deny the request for the Variance. The Variance Application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood r Springs, Colorado, between the hours of 8 :00 a.m. and 5 :00 p.m., Monday through Friday. That a rescheduled public hearing on the application for the above Variance Application has been set for the 16th day of August 1994, at the hour of 7 :00 PM., at the office of the Board of County Commissioners, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County r 4 EXHIBIT A PROPERTY DESCRIPTION OF THE JOINT ROCKY MOUNTAIN NATURAL GAS COMPANY AND PUBLIC SERVICE COMPANY OF COLORADO FACILITY A PARCEL OF LAND SITUATED IN THE SE /4 OF SECTION 12 AND IN THE NE OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12, A STONE IN PLACE; THENCE N 74 °44'38" W 1883.97 FEET TO A POINT ON THE WESTERLY EDGE OF AN EXISTING ROAD, THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING FIFTEEN 15) COURSES ALONG THE WESTERLY EDGE OF SAID ROAD: 1. S 28 °03'09" E 41.39 FEET 2. 5 17 °49'37" E 48.39 FEET 3. S 10 °52'00" E 74.31 FEET 4. S 10 °21'09" E 63.09 FEET 5. S 12 °07'47" E 78.69 FEET 6. S 14 °53'03" E 76.32 FEET 7. S 20 °36'15" E 65.94 FEET 8. 5 21 °12'05" E 69.33 FEET 9. S 21 °53'05" E 80.08 FEET 10. S 21 °20'25" E 69.62 FEET 11. S 23 °01'45" E 78.88 FEET 12. S 25 °11'55" E 32.35 FEET 13. S 23 °48'50" E 58.89 FEET 14. S 17 °50'32" E 64.46 FEET 15. S 00 °08'37" E 33.04 FEET THENCE LEAVING THE WESTERLY EDGE OF SAID ROAD N 86 °34'57" W 83.23 FEET; THENCE N 79 °15'39" W 339.67 FEET; THENCE S 87 °57'56" W 99.28 FEET; THENCE S 74 °18'35" W 193.15 FEET; THENCE N 47 °12'02" W 308.84 FEET; THENCE N 40 °44'04" E 159.60 FEET; THENCE N 53 °05'22" E 237.62 FEET; THENCE N 36 °23'00" E 203.33 FEET; THENCE N 35 °30'18" E 160.57 FEET; THENCE N 52 °16'40" E 59.15 FEET; THENCE N 52 °00'25" E 109.52 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 9.704 ACRES, MORE OR LESS. TOGETHER WITH A 40.00 FOOT ACCESS AND UTILITY EASEMENT BEING 20.00 FEET TO EACH SIDE OF THE CENTERLINE OF THE EXISTING ROAD TO THE ABOVE DESCRIBED PROPERTY; SAID EASEMENT TO EXTEND FROM THE 6 24 HIGHWAY RIGHT -OF -WAY TO THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PROPERTY. GARFIELD COUNTY BUILDING AND PLANNING July 27, 1994 James L. Krohe Right -of -Way Technician Rocky Mountain Natural Gas P.O. Box 670 Glenwood Springs, CO 81602 RE: Variance Request Dear Jim: Your application for a Variance to the easterly property line in the R/L zone District has been re- scheduled for a public hearing before the Zoning Board of Adjustment on August 16, 1994, at 7:00 PM, in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested you or your authorized representative be in attendance. The public notice will be submitted by the Planning Department to the Glenwood Post or other newspaper of general circulation for publication one time, at least, 15 days prior to the hearing. We will contact the paper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form will be mailed by the Planning Department by certified return- receipt to all property owners within 200 feet of your property no less than five 5) days prior to the hearing. The proof of publication from the newspaper, certificates of mailing and return- receipts from the mailing will be available at the Planning Department prior to the public hearing. Please contact this office if you have further questions regarding your application or public hearing. Sincerely, Dave Michaelson Planner DHM /sa 109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 A Y2 a*cQ P(_6 rac c- S.12—, BOA 7/25/94 PROJECT INFORMATION AND STAFF COMMENTS RRQIJEST:Variance from Section 3.10.04, Setback, Industrial APPLICANT:Rocky Mountain Natural Gas J.00ATION:Located in portions of Section 12 and 13, T6S, R94W of the 6th P.M. Located north of State Highway 6 & 24 and east of the intersection with 1 -70. ACCESS:N/A EXISTING AND ADJACENT ZON1NG: R/L I.RELATIONSHIP TO THE COMPREHF.NSIVR PLAN The subject property is located in District C - Rural Areas with Minor Environmental Constraints as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: Rocky Mountain Natural Gas Company and Public Service Company of Colorado requested a Special Use Permit to construct a Measurement, Gas Plant and Gas Conditioning Facility in association with previously permitted portions of a gas line stretching from Rifle to Avon. The facility would be located on a parcel north of State Highway 6 & 24, west of Rile, near the existing compressor stations owned by Questar Public Service of Colorado and Williams Field Services (see Letter pages Anse B.Request: The applicant is requesting a variance to Section 3.10.04, Setback, Industrial, that requires a 100 ft. setback from all property lines. Due to the physical terrain, the applicant is requesting a variance to 25' for the easterly property line. III. MAJOR ISSUES AND CONCERNS A. Section 9.05.03 of the Zoning Resolution (Variance - Action by the Board of Adjustment) states that the Board may authorize a variance to relieve hardship, provided: 1.That the variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of said property; 4112 J 2.That such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the General Plan or this Resolution; 3.That the circumstances found to constitute a hardship were not cause by the applicant, are not due to or the result of general conditions in the district, and cannot be practically corrected; 4.That the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the appellant. B.Staff Comments: The variance is a classic variance in that the variance is due to topographic constraints. In staff's opinion, this is a hardship created by zoning. IV. UCGGRSTRI) FINDINGS 1.That the application for Variance was found to be consistent with the requirements and standards of Section 9.05 of the Garfield County Zoning Resolution of 1978, as amended. 2.That proper publication and public notice was provided as required for the public hearing before the Zoning Board of Adjustment. 3.That the public hearing before the Zoning Board of Adjustment was extensive and complete, that all facts, matters and issues were submitted and that all interested parties were heard at the meeting. V. RRCOMMRNI)ATIONI APPROVAL, of the proposed variance. era a ROCKY Rocky Mountain Natural Gas Company MOUNTAIN 401 27th Street RO. Box 670NATURALGASGlenwoodSprings, CO 81602 -0670 COMPANY 303) 945-8617 3S.,..a rear June 14, 1994 Mark L. Bean, Director Planning Department Garfield County, Colorado 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Permit Application - Rifle Site ROW94:171 Dear Mr. Bean: Rocky Mountain Natural Gas Company and Public Service Company of Colorado are applying for a Special Use Permit to construct a Measurement, Gas Plant and Gas Conditioning Facility. The facility will be installed on property that the above -named companies have a purchase contract on. The property is located west of Rifle near the existing compressor stations owned by Questar, Public Service Company of Colorado and Williams Field Services. This property and equipment will be the beginning point of a pipeline project that Garfield County recently issued a special use permit for (Rifle /Avon 12" pipeline). This facility was designed under 49 CFR, Ch. 1, Part 192 and with the recognition of the fact that there would be numerous "suppliers" of gas into the pipeline with differing volumes and varying amounts of water vapor, liquids and other deleterious matter flowing in their gas. To protect pipeline operations, and subsequent customer service, the scope of the inlet facilities was designed to include gas filtration and liquids separation, volumetric and thermal measurement, dehydration, outlet gas odorization and the infrastructure needed to support and control these operations. Upon further investigation of the pipeline gas supplies, it was found that certain portions of the inlet gas will have a hydrocarbon composition with the potential to "condense" to liquid once delivered into customer distribution operations. As a result, the inlet facilities have been expanded to include additional gas conditioning equipment (a gas plant) which will refrigerate the gas, condense and remove the unwanted portion and eliminate this concern. The equipment associated with the gas plant includes two internal - combustion engines driving refrigerant (propane) compressors (to provide cooling of the gas), several heat exchangers, associated vessels, piping and control facilities, and storage tanks for the removed liquid hydrocarbon product. The plant and station piping will be designed so as to process sw Mark L. Bean June 14, 1994 Page Two only the inlet gas which requires it, and bypass the remainder directly into the pipeline. The property, on which the facility is to be installed, is zoned R /L. This zoning requires a setback of one - hundred feet from all property lines. Due to the terrain surrounding the property, a variance allowing the facility to be installed within twenty -five feet of the easterly property line is necessary. The setback will be adhered to on all other property lines. The variance 1s requested due to the component separation distances required for each different component. This site was chosen with aesthetics in mind. The property is a bowl with only the easterly side visible from the highway. The easterly side of the property can be seen at an angle from Highway 6. The rest of the site can't be seen from anywhere but the private property owned by Bill Clough, Questar and Williams Field Services which are situated directly to the east of the site. The remainder of our property located west of the facility to be built under this permit is dedicated to compressors that may be necessary at some point in the future. These compressors are not expected to be built any time soon. Prudent design consideration necessitates that they be allowed for on the site at some point in time. A special use permit for the compressors will be applied for at the time that the compressors become necessary. Building permits will be obtained for the buildings over one hundred square feet in size. I have attached a copy of the assessor's map of the area in question. Our property is not shown on his map due to the fact that we have not closed on the property at this time but expect to do so in the very near future. The area of our site is highlighted in yellow on the map. The following documentation is enclosed herewith: Application form Exhibit A (property description) Exhibit B (names and addresses of adjoining property owners) Map of the site General map of facility (items shown are in their general locations but are subject to change) Assessor's map Noise Assessment for the facility Real Estate Contract Draft for $425 application fee Mark L. Bean June 14, 1994 Page Three The facility will be constructed to Department of Transportation (DOT) specifications with a proposed construction schedule from July 25, 1994 to November, 1994. It is anticipated that this facility will operate nearly continuously. To address Garfield County Zoning Resolution 79 -1, 5.03.07 conclusions are submitted as follows: Pipeline construction and operation will not have any adverse impact upon existing lawful use of water through depletion or pollution of surface run -off, stream flow or ground water. No water is required to operate the facility. Water for wash stations and /or bathroom use will be stored in a tank in one of the buildings. Minimal amounts of water would be used for these systems. Sewage will be dispersed into a septic system or porta potties. Installation will be on Company property. There will be no long term adverse impact on adjacent land from generation of vapor, dust, smoke, noise, glare, vibration or other emanations. During construction, certain of these conditions may be encountered but will be mitigated when necessary by measures described in the Environmental Assessment (see Appendix A - Resource Protection Measures). A copy of the noise assessment for the facility is attached. Impact on wildlife and /or domestic animals will be minimal. No migration routes are being changed or obstructed. The facility will be fenced upon completion of construction. Facility construction may cause some short -term traffic impact. Construction personnel in the vicinity will add to overall traffic. Upon completion of construction, traffic will return to prior levels with no long -term impact. Public Service Company of Colorado employees will check the facility. These employees are already next door at their existing facility. No adverse impact to abutting property will occur due to the facility operation. The area already mainly consists of pipeline facilities such as the Questar, Williams Field Service and Public Service Company of Colorado operations. Barrett Resources and Bonneville also have pipelines in close proximity to our site. Hopefully the information and materials provided herein satisfy the requirements to issue the special use permit. Please contact this office should additional information be needed. Otherwise, it will be appreciated that the permit be processed at your earliest convenience as construction is slated to begin July 25, 1994. r SI Mark L. Bean June 14, 1994 Page Four Thank you for your assistance. Sincerely, 9 -- ( 1 „1-)ames L. Krohe Right-of-Way Technician Enclosures pc: Greg Flickner - Glenwood Springs, Operations Keith Ground - Lakewood, Engineering Larry Corte - Lakewood, Legal APPLICATION SPECIAL /CONDITIONAL USE PERMIT Date:June 14, 1994 Rocky Mountain Natural Gas Company and Applicant: Public Service Company of Colorado Address of Applicant: P.O. Box 670, Glenwood Springs, CO 81602 Special /Conditional Use: Measurement, Gas Plant and Gas Conditioning Facility along with a setback variance. Legal Description:See the attached Exhibit A. Practical Description location with respect to highways, county roads, and residences): North of Highway 6, East of the intersection of Highway 6 and I -70, near the location of the existing Ouestar. Williams Field Services and Public Service Company of Colorado facilities. Requirements: 1. Plans and specifications for proposed use hours of operation, no. of vehicles /day, location and size of structures, etc.). 2. Existing'or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03- 5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. 6. A base ••fee of 425.00 shall be charged for each application and shall be submitted with the application, additional charges may be imposed if County review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least five 5) days prior to hearing by return - receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one 1) time in the official County newspaper at least fifteen (15) days prior to such hearing date.Applicant shall bear the cost of publication and be responsible for presenting the Proof of Publication" at the hearing. The above information is correct to the best of my knowle.ge. 14 Apo scant James L. Krohe June 14, 1994 Date i SENDE e items 1 and/or 2 for additional services. I also wish to receive the Complete items 3, and 4a & b.following services (for an extra 91 Print your name and address on the reverse of this form so that we can feel:treturnthiscardtoyou. Attach this form to the front of the mailpiece, or on the back if space 1. Addressee's Address adoesnotpermit. Write "Return Receipt Requested" on the mailpiece below the article number. 2. Restricted Delivery 11 The Return Receipt will show to whom the article was delivered and the date 8 delivered.Consult postmaster for fee. 3. Article Addressed to:4a. Article Number I.W.F. Clough Z 209 191 999 E P.O. Box 686 4b. Service Type 8 reRifle, CO 81650 Registered Insured 0 Certified COD w Express Mail Return Receipt for to 0 Merchandise c0 7. Date of Delivery v-0a S+ -9 o cc5. Si! atur L ` -:1/ 8. Addressee's Address (O ray if requested risea.and fee is paid)A cc 6. Signature IA tent)H P PS Form 3811, December 1991 Au.s. OPO:1992 -323 -402 DOMESTIC RETURN RECEIPT ROCKY Rocky Mountain Natural Gas Company MOUNTAIN 401 271h Street NATURAL GAS P.O. Box 670 Glenwood Springs, CO 81602 -0670COMPANY303) 945 -8617 ar ma«.e.e June 30, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Z 209 191 999 Mr. W.F. Clough P.O. Box 686 Rifle, CO 81650 Re: Public Notices for Special Use Permit and Variance Hearing Dear Mr. Clough: Planning in connection with construction and a variance of set back at the Rifle site purchased from you has now reached the Public Hearing phase and two notices are enclosed. Enclosed is a copy of the notices that have been placed in the newspaper. You are the only landowner affected. Thank you for your continuing cooperation and help on our project. Please contact Jim or myself if you have any questions. Very truly yours, Jack E. Blankenship, Agent Z 209 191 999 Receipt for JEB/Certified Mall No Insurance Coverage Provided Enclosures rugs Do not useReverse) International Mailfor S L I O Postage 0)Certified Fee LLy Special Delivery Fee a Restricted Delivery Fee Return Receipt Showing d VtoWhom & Date Delivered F9^d f ps m. en /' rn 3o p a °aoae ¢ 3 " ca o Tj a , RV to a U vow A ° yak q 6 q O 4g411Qd31.•'• -•qva/ a V 1. a 5..C N N Viq Uyo H° 3 q Ur.,'o•dv q ( 0, . f, 2 3:d 5 q 3 h u a ti x 1 w 4.. '1CNf• ". SD N" O"p • ° R 5 as N 0v 0 o U 3 N y V i `3 as a R f`F i 3 R°O r ^ !! g . O U i/e Q L F a. 00 10 G KEU V h .' C+LE O Y L C p N ro •T q 1, c mm Fa gq8. "q Jy :8 0-51/4-0 a q ..0 I C a wp 9. R O 3 U dQ C UC gRF fl a~q E' pp ^ '° i w V Q . t1 C 4 w 3 Q c a ire 0 I 6 0-1 o$ b • a p w ; .;k r . , 0 P<4 F a GRGUm qu q 4 i 3 p nR oB v «v u u ZpI- 0 o A o cv d x u O o u,ga,o•cL. vac«o 5 it b lui 0OZOURqUL. w U '1 7-4. i Ls. 8 Z Zg o Ld UUUOOO F q Al N U C7 O . 6 P• E E. .". >sg ti C. •° O 2 N NI 111 i1fl xg sue F . tip P C $ T . < -f LL 1EVH 1 1 fOIL. Rtl w Q B° "A at l <: J " H 3 di 1 J7 t & & oyNaN 4`" s`*s '^, d 1 PUBUC aktnCE TAKE NOTICE that ROCKY MOUNTAIN NATURAL OAS hn mailed to the Board of County Cem isebn. n, Garl.0 County. 81818 of Colorado, to pram a SpepMl Um Permit In connection wlh the lolbwlrlp PROOF OF PUBLICATIONdescribedproperly *Mated In the County of o.nleld,State of Colorado; to.wl:GLENWOOD POST Legal Description: rw oeatYgpQhR 'foFrH,rotNt STATE OF COLORADO.l) RownitNNATUR11l 6A8 COMPANY S8.2 5 9 7 G AND COUNTY OF GARFIELD. PUBUC SERVICE COMPANY OF COLORADO FACILITY A PARCEL OF LAND BITUMEN:01N THE 8E1M OF I,Gary Dickson do sr.:-SECT 12 AbD IN THg NEW fief' • BE8oTION 13,TOWNEPBBOUTH,t NG819I VEgT THE BTH PUb 11PAIN° PAL AAN,. COUNTY OF' RFIELD,swear that I am skei STATE CO4.LQRAoO;SAIDPARGOL OMOREPARTIOUARLYDESORIBEDASPat, s:GLENWOOD POST; that the same is a newspaper printed, in or in part. and published in the County of Garfield, State ofCOMMENCINGATTHESOUTHEASTCORNERorradoandhasageneralcirculationtherein; that said newspapcSNDSECTION12, A STONE K PLACE; THENCE N been published continuously and uninterruptedly in said Coup74 °44'35 W 1asS.v FEET Tic ON THE Garfield for a period of more than fifty-two consecutive week=WESTERLY WOE OF AN EX18 AD, THE TRUE POINT OF BEGINNING; T E THE pot,prior to the first publication of the annexed legal notice or adv.: LOWING FIFTEEN (15) COURSES ,31.000 THE ment; that said newspaper has been admitted to the United •` WESTERLY EDGE OF SAID ROAD: 4 I,mails as second -class matter under the provisions of the A 1 sze• o24r En.a2FEEr March 3, 1879, or any amendments thereof, and that said new- -2.s O3'4 is a newspaper duly qualified for publishing legal notices an 3. 610°.6200'E 74.31 FEET verllsemcnts within the meaning of the laws of the Sta 4.81C° 21 E 63.00 FEET Colorado. 5.812°OT 1T E 78.88 FEET 8.814• I3' pa' E 70.92FEET That the legal notice or advertisement was publish7.820•BB IC EBS.Ot FEET e annexed B 8.821 80.33 FEET the regular and entire issue of every number of said newspap =0.821.63' 08. 200.08 FEET 10.621 20 25'.E $0.82 FEET its Mm'46•E 78.1118 FEET the period of J.consecutive insertions; and that the first 12.828.11' B' E 3245 FEET I , .Ilcation of said notice was in the issue of said newspaper •13.s 23°42 tit O.eo FEET 14.817° 08' 97'E 33.04 FEET Ju•1.y....2 A.D., 19.94 and the last publication ofis. 8O0 06 37' E 33.04,FEET wCNoE io reR notice was in the issue of said newspaper dated ...j....THENCE LEAVING THE F E 4T 'WS028 FEET;19..94....THENCE 8 trim. ' ' W ' 11133S FEET; THENCE N F EY? ' W pg' NN44 trim. T, E ENOE N 40 ED,In witness whereof I have hereunto set my hand this ,2nr1. N 38°23 203.33 I; T 06°30'18• E180.87FEETy THEN T62°18'40' E 80.18 FEE day of ". n1.1.1.1.,1r I.A.D., 19 94 THENCE N 62 E E00.62 FEET TO THE TRUE POINT OF BEGINNING; SAIDPARCEL CONTAINING y 0.704 ACRES, Mb,EOR LESS,Gen Manager / PublisherTOGETHERWITHA40.M9 T ACCESS AND Subscri e -ry public in and fcUTILITYEASEMENTBEING20 ^ .' Op BET id EACH OID to before me a notaryOFTHEVOSTINOROADpTOTHEABOVEDESCRIBEDPROPERTY; SAID COU 1 - of Colorado. this 2.n d. EASEMENT EXTEND FROM THE 8 624 MOH-s.. ° '°L CT 1WAYInWAYTOTHENORTHEASTERLYof ; 4 , ,A•p., 19.COR T ABOVE oeso iniBEDPAOPERTY:1 •Fk,Z "J• Pi•olbM DescrlpUom Mereembn of Highway 661 -70,Al O * MOO s .. , ,.. C;amathelooftMeittst40.I1m Ripe FleN•y R11 ice %Rota Publicaeon: and PuServiceComMColorado11f , 1 Q :Notary facades I,m bflMyCorrdssexpires1 -21.MY •y4 .1r OF CaaAA - QIISaidSp•ctal Use Perm N toll flow apploanl to construct • Meseunmenl, Gas Plum and Gab Conn.1tA, ,, .-boning FacGy on the above debnMd 1ooetion. AlpenpnaBeoNtlby the propos •dSpedalUSe Permll 2014 Grand Ave., Glenwood Springs, CO. 81601 r• NOW to appear and Male theb views, protests orobjections. If you cannot appear person.ly at suchAeadng,th.nyouare urged testa your views bylaw, Lf.rytyoIpdputs, * hawsIMhawob*Bpen101olpn$ to ouchOounyoomm S$Mal IMm ofedlaWioctM.NY011oa to IM commonly, ofta 91 MIM Ip re and taws now in OKI ai• WNW for ON oow4 IM office el lM Planning' u 0f9130I M148 het, 80N309,0CoUrbdu0, Olemreod SM•VA Colorado be.Wean dm hour of MOO 0•m and 800 P.m., Monda)/ ..IhroVdh Friday. That Public Hearing en ton application for the Owe' INMMUm PennB h}s ItiM1 MM fat the 18th dwelt/ 4y004,M IM hour ofI GPM, MBN elm of the BoardofCountyConmyaynen. Suite 301, OaiMM CountyCourthouse, 100 ICI Sunt, ONrw cod Sprinn, Cobf P .rO•Id l:0lx. CI14lstlfug 2.1204 N taw Glenwood Pot GARFIELD COUNTY BUILDING AND PLANNING June 29, 1994 James L. Krohe Right -of -Way Technician Rocky Mountain Natural Gas Company P.O. Box 670 Glenwood Springs, CO 81602 -0670 RE: Special Use Permit/Variance Dear Jim: public Hearing with ROC C Your request for a Special Use Permit, identified on the enclosed public notice form, has been scheduled for a public hearing before the Board of County Commissioners on July 18, 1994 at 3:30 p.m., in the Commissioner's Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you be present at the hearing. A copy of the enclosed public notice should be submitted to a newspaper of general circulation, for publication one time at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified return- receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication from the newspaper of general circulation and return- receipt from the mailings must be submitted by the applicant at, or prior to, the public hearing. Public Hearing with Board of Adjustment Your application for a Variance to the easterly property line in the R/L Zone District has been scheduled for a public hearing before the Zoning Board of Adjustment on July 25, 1994, at 7:00 p.m., in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you or your authorized representative be in attendance. A copy of the enclosed public notice should be submitted to a newspaper of general circulation, for publication one time at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form 109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 James L. Krohe June 29, 1994 Page 2 must be mailed by certified return- receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication from the newspaper of general circulation and return- receipt from the mailings must be submitted by the applicant at, or prior to, the public hearing. Please feel free to call if you have further questions regarding your application or the public hearings. S ly, Dave Michaelson Planner DHM /dhm Enclosures PUBLIC NOTICE TAKE NOTICE that ROCKY MOUNTAIN NATURAL GAS has applied to the Zoning Board of Adjustment, Garfield County, State of Colorado, to grant a Variance in connection with the following described property situated in the County of Garfield, State of Colorado; to- wit: Legal Description: See Attached Practical Description:North of Highway 6, East of the intersection of Highway 6 & I -70, near the location of the existing Questar, Williams Field Services and Public Service Company of Colorado facilities. Said Variance application is to allow a reduction in the required 100 from the easterly property line, to allow the facility to be installed within 25 feet of the easterly property line on the above described location. All persons affected by the proposed Variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special Use Permit requests, as the Zoning Board of Adjustment will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Variance. The Variance Application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That Public Hearing on the application for the above Variance Application has been set for the 25th day of July 1994, at the hour of 7:00 PM., at the office of the Board of County Commissioners, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County GARFIELD COUNTY BUILDING AND PLANNING June 29, 1994 James L. Krohe Right -of -Way Technician Rocky Mountain Natural Gas Company P.O. Box 670 Glenwood Springs, CO 81602 -0670 RE: Special Use Permit/Variance Dear Jim: Public Hearing with ROCC Your request for a Special Use Permit, identified on the enclosed public notice form, has been scheduled for a public hearing before the Board of County Commissioners on July 18, 1994 at 3:30 p.m., in the Commissioner's Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you be present at the hearing. A copy of the enclosed public notice should be submitted to a newspaper of general circulation, for publication one time at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form must be mailed by certified return- receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication from the newspaper of general circulation and return- receipt from the mailings must be submitted by the applicant at, or prior to, the public hearing. Public Hearing _with Board of Adjustment Your application for a Variance to the easterly property line in the R/L Zone District has been scheduled for a public hearing before the Zoning Board of Adjustment on July 25, 1994, at 7:00 p.m., in Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you or your authorized representative be in attendance. A copy of the enclosed public notice should be submitted to a newspaper of general circulation, for publication one time at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining the proof of publication and billing. In addition, copies of the public notice form 109 8TH STREET, SUITE 303 945-8212/625-5571/285-7972 GLENWOOD SPRINGS, COLORADO 81601 James L. Krohe June 29, 1994 Page 2 must be mailed by certified retum- receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication from the newspaper of general circulation and return- receipt from the mailings must be submitted by the applicant at, or prior to, the public hearing. Please feel free to call if you have further questions regarding your application or the public hearings. S'ly, Dave Michaelson Planner DHM /dhm Enclosures PUBLIC NOTICE TAKE NOTICE that ROCKY MOUNTAIN NATURAL GAS has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description:North of Highway 6, East of the intersection of Highway 6 & I -70, near the location of the existing Questar, Williams Field Services and Public Service Company of Colorado facilities. Said Special Use Permit is to allow the applicant to construct a Measurement, Gas Plant and Gas Conditioning Facility on the above described location. All persons affected by the proposed Special Use Permit are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special Use Permit requests, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Special Use Permits. These Special Use Permit Applications may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. That Public Hearing on the application for the above Special Use Permit has been set for the 18th day of July 1994, at the hour of 3:30 PM., at the office of the Board of County Commissioners, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County EXHIBIT A PROPERTY DESCRIPTION OF THE JOINT ROCKY MOUNTAIN NATURAL GAS COMPANY AND PUBLIC SERVICE COMPANY OF COLORADO FACILITY A PARCEL OF LAND SITUATED IN THE SE' /4 OF SECTION 12 AND IN THE NE /4 OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12, A STONE IN PLACE; THENCE N 74 °44'38" W 1883.97 FEET TO A POINT ON THE WESTERLY EDGE OF AN EXISTING ROAD, THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING FIFTEEN 15) COURSES ALONG THE WESTERLY EDGE OF SAID ROAD: 1. S 28 °03'09" E 41.39 FEET 2. S 17 °49'37" E 48.39 FEET 3. S 10 °52'00" E 74.31 FEET 4. S 10 °21'09" E 63.09 FEET 5. S 12 °07'47" E 78.69 FEET 6. S 14 °53'03" E 76.32 FEET 7. S 20 °36'15" E 65.94 FEET 8. S 21 °12'05" E 69.33 FEET 9. S 21 °53'05" F, 80.08 FEET 10. S 21 °20'25" E 69.62 FEET 11. S 23 °01'45" E 78.88 FEET 12. S 25 °11'55" E 32.35 FEET 13. S 23 °48'50" E 58.89 FEET 14. S 17 °50'32" E 64.46 FEET 15. S 00 °08'37" E 33.04 FEET THENCE LEAVING THE WESTERLY EDGE OF SAID ROAD N 86 °34'57" W 83.23 FEET; THENCE N 79 °15'39" W 339.67 FEET; THENCE S 87 °57'56" W 99.28 FEET; THENCE S 74 °18'35" W 193.15 FEET; THENCE N 47 °12'02" W 308.84 FEET; THENCE N 40 °44'04" E 159.60 FEET; THENCE N 53 °05'22" E 237.62 FEET; THENCE N 36 °23'00" E 203.33 FEET; THENCE N 35 °30'18" E 160.57 FEET; THENCE N 52 °16'40" E 59.15 FEET; THENCE N 52 °00'25" E 109.52 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 9.704 ACRES, MORE OR LESS. TOGETHER WITH A 40.00 FOOT ACCESS AND UTILITY EASEMENT BEING 20.00 FEET TO EACH SIDE OF THE CENTERLINE OF THE EXISTING ROAD TO THE ABOVE DESCRIBED PROPERTY; SAID EASEMENT TO EXTEND FROM THE 6 24 HIGHWAY RIGHT -OF -WAY TO THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PROPERTY. APPLICATION SPECIAL /CONDITIONAL USE PERMIT Date:June 14, 1994 Rocky Mountain Natural Gas Company and Applicant: Public Service Company of Colorado Address of Applicant: P.O. Box 670, Glenwood Springs, CO 81602 Special /Conditional Use: Measurement, Gas Plant and Gas Conditioning Facility along with a setback variance. Legal Description:See the attached Exhibit A. Practical Description location with respect to highways, county roads, and residences): North of Highway 6, East of the intersection of Highway 6 and I -70, near the location of the existing Ouestar. Williams Field Services and Public Service Company of Colorado facilities. Requirements: 1. Plans and specifications for proposed use hours of operation, no. of vehicles /day, location and size of structures, etc.). 2. Existing'or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03- 5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. 6. A base fee of 425.00 shall be charged for each application and shall be submitted with the application, additional charges may be imposed if County review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least five 5) days prior to hearing by return - receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one 1) time in the official County newspaper at least fifteen (15) days prior to such hearing date.Applicant shall bear the cost of publication and be responsible for presenting the Proof of Publication" at the hearing. The above information is correct to the best of my knowle ge. Ap Kant James L. Krohe June 14, 1994 Date ROCKY Rocky Mountain Natural Gas Company MOUNTAIN 401 27th Street RO. Box 670 NATURAL GAS Glenwood Springs, CO 61602 -0670 COMPANY 303) 945-8617 CCP June 14, 1994 AM 1 5 1994 Mark L. Bean, Director 1 COWIFPlanningDepartmentlgti, JEW cc* r,.,- Garfield County, Colorado 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Permit Application - Rifle Site ROW94:171 Dear Mr. Bean: Rocky Mountain Natural Gas Company and Public Service Company of Colorado are applying for a Special Use Permit to construct a Measurement, Gas Plant and Gas Conditioning Facility. The facility will be installed on property that the above -named companies have a purchase contract on. The property is located west of Rifle near the existing compressor stations owned by Questar, Public Service Company of Colorado and Williams Field Services. This property and equipment will be the beginning point of a pipeline project that Garfield County recently issued a special use permit for (Rifle /Avon 12" pipeline). This facility was designed under 49 CFR, Ch. 1, Part 192 and with the recognition of the fact that there would be numerous "suppliers" of gas into the pipeline with differing volumes and varying amounts of water vapor, liquids and other deleterious matter flowing in their gas. To protect pipeline operations, and subsequent customer service, the scope of the inlet facilities was designed to include gas filtration and liquids separation, volumetric and thermal measurement, dehydration, outlet gas odorization and the infrastructure needed to support and control these operations. Upon further investigation of the pipeline gas supplies, it was found that certain portions of the inlet gas will have a hydrocarbon composition with the potential to "condense" to liquid once delivered into customer distribution operations. As a result, the inlet facilities have been expanded to include additional gas conditioning equipment (a gas plant) which will refrigerate the gas, condense and remove the unwanted portion and eliminate this concern. The equipment associated with the gas plant includes two internal - combustion engines driving refrigerant (propane) compressors (to provide cooling of the gas), several heat exchangers, associated vessels, piping and control facilities, and storage tanks for the removed liquid hydrocarbon product. The plant and station piping will be designed so as to process Mark L. Bean June 14, 1994 Page Two only the inlet gas which requires it, and bypass the remainder directly into the pipeline. The property, on which the facility is to be installed, is zoned R /L. This zoning requires a setback of one - hundred feet from all property lines. Due to the terrain surrounding the property, a variance allowing the facility to be installed within twenty -five feet of the easterly property line is necessary. The setback will be adhered to on all other property lines. The variance is requested due to the component separation distances required for each different component. This site was chosen with aesthetics in mind. The property is a bowl with only the easterly side visible from the highway. The easterly side of the property can be seen at an angle from Highway 6. The rest of the site can't be seen from anywhere but the private property owned by Bill Clough, Questar and Williams Field Services which are situated directly to the east of the site. The remainder of our property located west of the facility to be built under this permit is dedicated to compressors that may be necessary at some point in the future. These compressors are not expected to be built any time soon. Prudent design consideration necessitates that they be allowed for on the site at some point in time. A special use permit for the compressors will be applied for at the time that the compressors become necessary. Building permits will be obtained for the buildings over one hundred square feet in size. I have attached a copy of the assessor's map of the area in question. Our property is not shown on his map due to the fact that we have not closed on the property at this time but expect to do so in the very near future. The area of our site is highlighted in yellow on the map. The following documentation is enclosed herewith: Application form Exhibit A (property description) Exhibit B (names and addresses of adjoining property owners) Map of the site General map of facility (items shown are in their general locations but are subject to change) Assessor's map Noise Assessment for the facility Real Estate Contract Draft for $425 application fee 411 411 Mark L. Bean June 14, 1994 Page Three The facility will be constructed to Department of Transportation (DOT) specifications with a proposed construction schedule from July 25, 1994 to November, 1994. It is anticipated that this facility will operate nearly continuously. To address Garfield County Zoning Resolution 79 -1, 5.03.07 conclusions are submitted as follows: Pipeline construction and operation will not have any adverse impact upon existing lawful use of water through depletion or pollution of surface run -off, stream flow or ground water. No water is required to operate the facility. Water for wash stations and /or bathroom use will be stored in a tank in one of the buildings. Minimal amounts of water would be used for these systems. Sewage will be dispersed into a septic system or porta potties. Installation will be on Company property. There will be no long term adverse impact on adjacent land from generation of vapor, dust, smoke, noise, glare, vibration or other emanations. During construction, certain of these conditions may be encountered but will be mitigated when necessary by measures described in the Environmental Assessment (see Appendix A - Resource Protection Measures). A copy of the noise assessment for the facility is attached. Impact on wildlife and /or domestic animals will be minimal. No migration routes are being changed or obstructed. The facility will be fenced upon completion of construction. Facility construction may cause some short -term traffic impact. Construction personnel in the vicinity will add to overall traffic. Upon completion of construction, traffic will return to prior levels with no long -term impact. Public Service Company of Colorado employees will check the facility. These employees are already next door at their existing facility. No adverse impact to abutting property will occur due to the facility operation. The area already mainly consists of pipeline facilities such as the Questar, Williams Field Service and Public Service Company of Colorado operations. Barrett Resources and Bonneville also have pipelines in close proximity to our site. Hopefully the information and materials provided herein satisfy the requirements to issue the special use permit. Please contact this office should additional information be needed. Otherwise, it will be appreciated that the permit be processed at your earliest convenience as construction is slated to begin July 25, 1994. 411 411 Mark L. Bean June 14, 1994 Page Four Thank you for your assistance. Sincerely, James L. Krohe Right -of -Way Technician Enclosures pc: Greg Flickner - Glenwood Springs, Operations Keith Ground - Lakewood, Engineering Larry Corte - Lakewood, Legal EXHIBIT B ADJOINING PROPERTY OWNERS OF THE JOINT ROCKY MOUNTAIN NATURAL GAS COMPANY AND PUBLIC SERVICE COMPANY OF COLORADO FACILITY 1. W.F. Clough P.O. Box 686 Rifle, CO 81650 303 - 625 -1625 3114 03 '54 14:16 K N 1INEERING P.2 P.01 ongineenr 1G May 30• 1994 cWnarnia Mt. Keith Ground SAT SAME 1 or 3 X N Eberly 783 - 2970 270 van Gordan Street Lakewood, CO 80220 Rae 1MOI88 A $1188mEmT FOR PRO8OSED Cowel /SOR STATION, RIPLE, COLD@ADO Dear Mr. Ground: Mngineering Dyeamies, Inc. bas reviewed the Sound Pressure Level data taken on nay 17, 1994 by Public servioa caIric%y tPSC) at the existing Nest aouglas Compressor Station, south of Rengely, Colorado, and arotad the proposed KM Energy CeepresSOr Station site near Rifle, CO on May 18, 1994. These data will be used in this report to calculate the Miss Japan and audibility of the proposed Rifle compressor site on nearby residences. The PSC data was taken with a calibrated Type -2 sound level meter, without a windaereen. Typically, outdoor noise msaenreIM is are performed with a windscreen placed over the microphone to reduce the noise caused by the air y thenotnormallyperformeddwh winds reds are greater sound measurements are wP7r' Raealiae a wind screen was not Used to reduce wind noise, the measured sound levels at the Neat Douglas site are digbar than would be measured at lower wind speeds and with a wind screen. For these reasons the measurements represent a ' than average noise level. On the other hand, sound levela measured around the proposed Rifle site can be considered representative background noise levels, because the wind speed, at the time of the measurements, was low. Since f maaaeraJ Data Nest Douglas Site - noise levels in the PSC report dated 5 -17 -94 are A- weighted decibels measured at known diatanaes from the compressor. Theme data have been converted to sound power levels (PNL) and are shown in Table 1. The conversion from sound pressure level to sound power level was done to facilitate barrier and distance correction calculations which use sound power levela. Table 1: A- weighted sound Power Level from west Douglas Site. Rangley, CO Yleaeurement Sound Power Point heizaWaial. Nest 114 Northwest 103 DTortheaat 100 Mast 101 Southeast 112 Yn calculating noise levels at nearby receivers the highest sound power level of 114 dap.) will be used which mean that this predicted Booed levels will be conservative. Rifle site - Noise levels presented in the PSC report dated 5 -18 -94 are Wasting background sound levels measured around the perimeter of the p and compressor write property and at nearby receivers. These bac d data are shown in Table 2. 392b south kalamath street englewood, colorado 80110 303) 761 -4367 • fax (303) 761 - 4379 JUN03 'g4 X14 i8 K N VG INEERING P.3 P.02 ongineerinc dynamite Mr. Keith Ground Nay 30, 1994 Page 2 Table 2a Backgmuad sound Levels on and around the existing Rifle Site Receiver Sound Pressure Israstion J 160 Perimeter of Site property 39 to 56 dB(A) 160 feet) lei21 Williams field office (3800 feet)47 to 50 (B(A) t fisting PBC aomirefaor site 2500 feat)45 du(A) Mobile borne park (6000 feet)4) to 53 da(A) Celou }e%pd Noise Levels* The existing equipment located at the West Douglas site, south of ly, Co, are proposed to be relocated to the Rifle site. The will be in the same configuration and operated at the same ape and loads ahioh means that the noise emdssicne sill be unchanged. Noise from the compressor is attenuated by distance and topography as it travels towards the receivers listed in Table 2 above and the Duran residence, legated 4000 feet to the southwest of the site. Table 3 shows the estimated sound levels at each of these receivers and the distances each of these receivers is fret the compressor site. Table 3: Estimated Sound Level from proposed Rifle co preasor site. Receiver Distance Sound Pressure Locatieu y bevel Perimeter of i60 72 Ns(A)site property Williams field office 3000 le 68(A) Existing PSC compressor site 2500 48 ds(A) Mobile home park 6000 28 dB(A) Duran Residence 4000 20 d8(3) Data in Table 3 above shows that noise froh the proposed compressor station will be inaudible at the Duran residsace and the Williams field office bsoause the sound resole are leas than the background noise. At the Mobile Name Park, the noise from the compressor sill be Inaudible moat of the time and just barely audible Shan the atmospheric conditions are such that the transmission of sound towards the park is increased. aowever. noise levels at the Mobile Home Park from the existing PSC compressor site may be louder than the noise from the proposed Akin 154 - i4:18 K N ENGINEERING P.4 P.01.3 engineerinc dynamic W. Keith Ground Nay 30, 1994 Page 3 ccpressor resulting in no additional noise impact from the proposed compressor site. The noise impact of the reposed compressor upon the existing PSC compressor site will be about 3 di(A) at the northern edge of the existing Psc site. Close to the compressor at the existing site, the SOUS levels will ba higher than 40 ds(A) and the noise from the proposed site will be inaudible. If you have any questions, please contact me at our Englewood office. sincerely, Em377Y68aimd n mmicxcs, XOC. Stuart D, McGregor Vice President Tf1 8 p.m CONTRACT TO BUY AND SELL REAL ESTATE Parties' Remedies Limited to Liquidated Damages) Garfield County, Colorado April 5, 1994 1. W. F. Clough aka William F. Clough, hereinafter called Seller ", hereby acknowledges having received from ROCKY MOUNTAIN NATURAL GAS COMPANY, a Colorado corporation, hereinafter called Purchaser ", the sum of 3,881.60 in the form of company check bearing a date of March 2, 1994 as part payment for the following described real estate in the County of Garfield, Colorado, to -wit: A PARCEL OF LAND SITUATED IN THE SE94 OF SECTION 12 AND IN THE NE' OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12, A STONE IN PLACE; THENCE N 74 °44'38" W 1883.97 FEET TO A POINT ON THE WESTERLY EDGE OF AN EXISTING ROAD, THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING FIFTEEN 15) COURSES ALONG THE WESTERLY EDGE OF SAID ROAD: 1. S 28 °03'09" E 41.39 FEET 2. S 17 °49'37" E 48.39 FEET 3. S 10 °52'00" E 74.31 FEET 4. S 10 °21'09" E 63.09 FEET 5. S 12 °07'47" E 78.69 FEET 6. S 14 °53'03" E 76.32 FEET 7. S 20 °36'15" E 65.94 FEET 8. S 21 °12'05" E 69.33 FEET 9. S 21 °53'05" E 80.08 FEET 10. S 21 °20'25" E 69.62 FEET 11. S 23 °01'45" E 78.88 FEET 12. S 25 °11'55" E 32.35 FEET 13. S 23 °48'50" E 58.89 FEET 14. S 17 °50'32" E 64.46 FEET 15. S 00 °08'37" E 33.04 FEET THENCE LEAVING THE WESTERLY EDGE OF SAID ROAD N 86 °34'57" W 83.23 FEET; THENCE N 79 °15'39" W 339.67 FEET; THENCE S 87 °57'56" W 99.28 FEET; THENCE S 74 °18'35" W 193.15 FEET; THENCE N 47 °12'02" W 308.84 FEET; THENCE N 40 °44'04" E 159.60 FEET; THENCE N 53 °05'22" E 237.62 FEET; THENCE N 36 °23'00" E 203.33 FEET; THENCE N 35 °30'18" E 160.57 FEET; THENCE N 52 °16'40" E 59.15 FEET; THENCE N 52 °00'25" E 109.52 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 9.704 ACRES, MORE OR LESS. TOGETHER WITH A 40.00 FOOT NON - EXCLUSIVE ACCESS AND UTILITY 1 EASEMENT BEING 20.00 FEET TO EACH SIDE OF THE CENTERLINE OF THE EXISTING ROAD TO THE ABOVE- DESCRIBED PROPERTY; SAID EASEMENT TO EXTEND FROM THE 6 & 24 HIGHWAY RIGHT -OF -WAY TO THE NORTHEASTERLY CORNER OF THE ABOVE- DESCRIBED PROPERTY; EXCEPT AND RESERVING ALL MINERALS OF WHATSOEVER KIND OR CHARACTER IN, UNDER AND UPON OR THAT MAY BE PRODUCED FROM THE ABOVE - DESCRIBED LAND; PROVIDED THAT NO OPERATIONS FOR THE EXPLORATION, PRODUCTION OR STORAGE OF OIL AND GAS OR OTHER MINERALS SHALL BE CONDUCTED ON THE LANDS DESCRIBED ABOVE. 2. The Purchaser hereby agrees to buy the Property, and the undersigned Seller hereby agrees to sell the Property, upon the terms and conditions stated herein. The Purchaser acknowledges the Purchaser has physically and personally inspected the Property, including but not limited to, any improvements and the surface of the ground, and accepts the Property in all respects in its present condition as is,. 3. The purchase price shall be U.S. 38,816.00, payable as follows: 3,881.60 hereby receipted for; and the balance of 34,934.40 shall be due and payable at closing, subject to normal closing adjustments as provided in paragraph 8 below. 4. There is no personal property presently on the Property; and no personal property shall be transferred with or as part of the sale of the Property. 5. The Seller specifically represents that the above - described real estate is not homestead property as defined by the laws of the State of Colorado. 6. This Contract shall not be assignable by Purchaser without the advance written consent of Seller, except to an affiliate of Purchaser. 7. Seller shall cause a current commitment for an owner's policy of title insurance in an amount equal to the purchase price to be furnished to Purchaser by a title company of Seller's choice within one week from the date of approval of this contract. Seller shall cause the owner's title insurance policy to be furnished to Purchaser, after delivery and recording of the general warranty deed. Consistent with the provisions of paragraph 8 below, Seller shall pay the premium for the owner's policy of title insurance. 8. The parties shall meet at closing to execute and deliver the documents and sums of money required under this Contract on or before June 1, 1994, the closing date, at such place or time as the parties shall agree. The parties shall provide for and pay at such time and place the costs and expenses normally incurred respectively by a "buyer" and a "seller" upon a transfer of title to real estate. 2 M 9. Title shall be good and merchantable in Seller, except asotherwisestatedinthisContract. Subject to payment or tender as above - provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and suf- ficient general warranty deed to Purchaser on the closing date, conveying the Property free and clear of any leases and of all taxes and assessments, except the general property taxes for 1994, which Purchaser shall pay see paragraph 11. below); and subject tothefollowing: U.S. patent reservations and exceptions; all recorded or apparent rights -of -way and easements; building and zoning regulations and all other governmental laws, regulations, resolutions and restrictions. All closing costs and any other encumbrance required to be paid at or before closing, may be paid at the time of closing from the proceeds of this transaction or from any other source. 10.Except and subject to the matters stated in paragraph 9, if title is not merchantable and written notice of defects is given by Purchaser or Purchaser's attorney to Seller or Seller's attorney within ten days after the title committment is furnished to Purchaser by Seller, then Seller shall use reasonable effort to correct said defects prior to the closing date. If Seller is unable to correct said defects on or before said date, at Purchaser's option this Contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder by Seller shall be returned to Purchaser, without interest. 11. General taxes for 1994, based on the assessments and levy most current and available from the assessor's and treasurer's office of Garfield County, Colorado, shall be apportioned to date of closing. Purchaser is responsible for and shall pay when due general taxes for 1994 and subsequent years. 12. In the event the Property is substantially damaged by flood or other casualty between the date of this Contract and the date of delivery of deed, Purchaser may elect to terminate this Contract, in which case all payments and things of value received hereunder shall be immediately returned to Purchaser on demand. 13. The purchase of the above - described property is contingent upon Purchaser obtaining a subdivision exemption or like approval from Garfield County. Seller specifically agrees to cooperate with Purchaser in obtaining said exemption or approval. 14. Possession of the Property shall be delivered to Purchaser upon closing, provided that Purchaser shall also have the right of access to the Property for purposes of conducting site studies before closing. 15. Time is of the essence hereof. If any check received as earnest money hereunder or any other payment due hereunder is not 3 paid, honored or tendered when due, or if any other obligationhereunderisnotperformedashereinprovided, there shall be the following remedies: a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. b) IF SELLER IS IN DEFAULT, Purchaser may elect to treat this Contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser. It is agreed that such return of payments and things of value are the PURCHASER'S SOLE AND ONLY REMEDY for the Seller's failure to perform the obligations of this Contract. Purchaser expressly waives the remedies of specific performance and additional damages. 16. In the event of any litigation arising out of or as a result of this Contract, the court shall award to the prevailing party all reasonable costs and expenses, including attorneys' fees. 17. Additional provisions: A) Each party to this Contract has received the advice of legal counsel, or has been afforded the opportunity to do so, prior to signing this Contract. The parties acknowledge they fully understand all of the terms and provisions herein contained, and agree to be bound by them, and that the individuals signing in their representative capacities have been authorized to enter into this Contract on behalf of the parties. B) All provisions hereof which require or contemplate a continuing duty to perform by either party following closing shall survive the delivery of Warranty Deed and the other documents hereunder. 18. This instrument is a Contract between Seller and Purchaser and shall inure to the benefit of the successors and assigns of such parties, subject to the provisions of paragraph 6 above concerning non - assignment by Purchaser. W. F. Clough aka William F. Clough W. F. Clou 4 r ROCKY MOUNTAIN NATURAL GAS COMPANY, Colorado c•i.oration B L r l_ Harlan E. Hansen, Vice President Seller's Address: P.O. Box 686, Rifle, CO 81650 Purchaser's Address: P.O. Box 670, Glenwood Springs, CO 81602 STATE OF (]DIara -d0 r ss.SELLER'S ACKNOWLEDGMENT COUNTY OF bc.YiB The above and foregoing CONTRACT TO BUY AND SELL READ, ESTATE was syp scribed, sworn to and acknowledged before me this day of iPYIL 1994, by W. F. Clough aka William F. Clough, SELLER. WITNESS my hand and official seal. My commission expires: I g 7'• Gaad J Nota y Public CO . at... 7 e JJat.SeC eI 5 STATE OF COLORADO ss.PURCHASER'S ACKNOWLEDGMENT COUNTY OF GARFIELD The above and foregoing CONTRACT TO BUY AND SELL REAL STATE was subs ri ed, sworn to and acknowledged before me this 7 dayoft1994, by Harlan E. Hansen, Vice President of Rocky Mountain Natural Gas Company, a Colorado corporation, PURCHASER. WITNESS my hand and official seal. My commission expires: (01l2UUl97r- --' Jam.7//-4NotaryPublic d_6 atek,korish 1,o 7Tho 6 0 T ml w eiO I IAI ar V w -I--N J N O O co O yN CC \ \ AA a a NI p I c-.)3.- L o 1 I" al e 6 •04 02 Cam)1 O T 1 01 cn 3 3. 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O W CCil J sib 1 W +N N V \ C OD x1 P s - 41 o N \'- 1 krn0 .04x , O 02 0 CM 1 k k rit _ m t_ : T ®® oc:31cIo11 f1 W T T T 1 n s r c r 1.-.-N ?::Y v I C N., N 0 1 I.\ p e 1t) rn 1 0 V W IG11 p o 7- 302 -00 -166 a L N gi u t 2177- 193 -00 -141 v Adjoining 2177 m n 8dY . 4. a m w N 2HB(R-F) 40 u T Y f 3cC „-, N i'::.i; JJ O IO I 1O ivA P N C1<;S t: a Cn J Cn Jr Nm 0 V N r F NII 1 N l `T 2177-182-00 2•HC (R -F2177 - 182 -00. 1; 0 i'a)FI'Z,0;; 00-Z 91 L Z- z9I -LL 6 ig s M tia m 0mIaAN 2r F SO a ti 1 tr cn Q .t N aO a 1 -- , 0 - 1 -- , 0 r 1 F+L O it V 'I I I 4 u N ', un m W a)8Hz 11 N r isyr;;;.‘,.?,,:'7‘.:7 . ra,fro 7.... / Cr------- m 1co LLIZ °UNIOrpb Ibl -00 61 LLIZ, NC 1 II I C M I I y CO 991 00 ZO£ L rF I \ lel 320 j , s,F,r 4 rs 3. Ct1N. C N i .N I t O I\ N V1 -1 0 jz it; \ \ :. in CD q 2 I) ti 1 lZ 1 m — s —C i 0 0 IL 0 o I 1 F- 10 a \ U b0• o'w O C 0 W c‘. • d • N c. fNM Cr C sw i 7 C p_w_.,.../NI, 0 vi—i is.3-1), iUi 03 '34 14 16 K N ENGINEERING P.2 P,01 ongineenr May 30, 1994 dynamic Mt. Faith Groused Fn; pAGE 1 OF x N Energy 703 -2970 970 Van Gordon Street Lakewood, CO 80220 Ras NOISE ASSESSMENT POR PROPOSED L0npAE9soR STATION, exPIE, COSAEADO Dear Mr. Ground: E ngineering Dynamics, Inc. has reviewed the Sound Pressure Level data taken on May 17, 1994 by Public servile* caaagatly (PSC) at the existing Neat Douglas Oomprausor Station, south of Rangely, Co credo, and around the proposed Km Energy Compressor Station site near Rifle, CO on May 1S, 1994. These data will be used in this report to calculate the noise impact and audibility of the proposed Rifle compressor site on nearby residences. The PSC data was taken with a calibrated Type -2 sound level Dater, without a windscreen. Typically, outdoor noise measurements are performed with a windscreen placed over the microphone to reduce the noise caused by the air Passing aver the Niorophone. Even with a wind screen, sound measurements are not normally performed when wind speeds are greater than 5 mph. BeGanea a wind screen was not teaed to reduce wind noise, the measured Sound levels at the west Dewglae site are higher than would be measured at lower wind speeds and with a wind screen. For these reasons the neauuremente represent a 'higher than average' noise level. On the other hand, sound levels measured around the proposed Rifle site can be considered representative background Weiss levels, because the wind ;peed, at the time of the measurements, was low. gun.iry of Neseured Date Neat Douglas Site - noise levels in the PSC report dated 5 -17 -94 are A- weighted decibels measured at known distances from the compressor. These data have been converted to 'sound power levels (PNL) and are shown in Table 1. The conversion from saved pressure level to sound power Uwe/ was done to facilitate barrier and distance correction calculations which use sound power levels. Table 1: A- Weighted Sound Power Level from west Douglas Site. Rangley. CO Meaeuremont Sound Power t pp 1 Pvt1 - as {p)R Nest 114 I Northwest 202 Northeast 100 East 101 Southeast 112 rn calculating noise levels at nearby receivers the highest Bound power level of 114 MCA) will be used which means that the predicted eeuad levels will be conservative. Rifle Mite - Noise levels presented in the PSC report dated 5 -18 -S4 are existing background sound levels measured around the perimeter of the P sad dompreesor site property and at nearby receivers. These bac d data are shown in Table 2. 3926 south kalamath street englewood, colorado 80110 303) 761 -4367 • fax (303) 761 -4379 AIM 15fl4t{ K N ENGINEERING P.3 P.02 ongineerinc dynamite Mr. Keith Ground May 30, 1994 Page 2 Table 2: Background Sound Levels on and around the existing Rifle Site Receiver Sound Pressure Ioassim Leval Perimeter of Bite property 39 to 56 d8(A) 160 feet) Williams field office (3800 feet)47 to 50 dB(A) Existing PEW compressor site 2500 feat)45 as CA) Mobile boos park (6000 feet)49 to 53 da(A) Catcul Motu Level¢: The existing equipment located at the West Douglas site, south of sly, Co, are proposed to be relocated to the Rifle site- The ega}mene will be in the Same configuration and operated at the same apaeds and loads which meant that the noise emissions will be =Changed. Noise from the aompreseor is attenuated by distance and topography as it travels towards the receivers listed in Table 2 above and the Duran residence, located 4000 feet to the southwest Of the site. Table 3 shows the estimated sound levels at each of thane receivers and the distances each of these receivers it froth the compressor Lite. Table 3: Estimated Sound Level from Proposed Rifle compreasor site. Receiver Distance Sound Pressure Iii not Level Perimeter of 160 72 dg (A)site PAY Williams field office 3600 le MICA) Existing pee compressor site 2500 48 ds(A) Mobile home pa=l[6000 28 ds(A) Duren Residence 4000 20 dB(A} Data in Table 3 above shows that noiae from the proposed compressor station will be inaudible at the Duran residence and the Williams field office beoause the sound levels are leas than the background noise. At the Mobile Home Park, the noise from the compressor will be inaudible most of the time and just barmy audible when the atmospheric conditions are such that the transmission of sound towards the park is increased. However. noise levels at the Mobile some Park from the existing PSC compressor site may be louder than the raise from the proposed JLM{ 0a '44 K N ENGINEERING P.4 P.03 cnginedncdy Mr. Keith c)rcamd may 30, 1994 Page 3 compressor resulting in no additional naiee impact from the proposed compressor Mite. The noise impact of the proposed oampreasor upon the existing PSC compressor mite will be *trout 3 d2(A) at the northern edge of the existing PSC site. Close to the aoapresaor at the existing site, the sound levels will ba higher than 4$ dB(A) and the noise from the proposed site will be inaudible. If you have any questions, please contact me at our Englewood office. sincerely, EpioaEmiad DYEEMICS, INC. Stuart D, McGregor Sloe President TNTa PARR EXHIBIT A PROPERTY DESCRIPTION OF THE JOINT ROCKY MOUNTAIN NATURAL GAS COMPANY AND PUBLIC SERVICE COMPANY OF COLORADO FACILITY A PARCEL OF LAND SITUATED IN THE SE1/4 OF SECTION 12 AND IN THE NE /4 OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12, A STONE IN PLACE; THENCE N 74 °44'38" W 1883.97 FEET TO A POINT ON THE WESTERLY EDGE OF AN EXISTING ROAD, THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING FIFTEEN 15) COURSES ALONG THE WESTERLY EDGE OF SAID ROAD: 1. S 28 °03'09" E 41.39 FEET 2. S 17 °49'37" E 48.39 FEET 3. S 10 °52'00" E 74.31 FEET 4. S 10 °21'09" E 63.09 FEET 5. S 12 °07'47" E 78.69 FEET 6. S 14 °53'03" E 76.32 FEET 7. S 20 °36'15" E 65.94 FEET 8. S 21 °12'05" E 69.33 FEET 9. S 21 °53'05" E 80.08 FEET 10. S 21 °20'25" E 69.62 FEET 11. S 23 °01'45" E 78.88 FEET 12. S 25 °11'55" E 32.35 FEET 13. S 23 °48'50" E 58.89 FEET 14. S 17 °50'32" E 64.46 FEET 15. S 00 °08'37" E 33.04 FEET THENCE LEAVING THE WESTERLY EDGE OF SAID ROAD N 86 °34'57" W 83.23 FEET; THENCE N 79 °15'39" W 339.67 FEET; THENCE S 87 °57'56" W 99.28 FEET; THENCE S 74 °18'35" W 193.15 FEET; THENCE N 47 °12'02" W 308.84 FEET; THENCE N 40 °44'04" E 159.60 FEET; THENCE N 53 °05'22" E 237.62 FEET; THENCE N 36 °23'00" E 203.33 FEET; THENCE N 35 °30'18" E 160.57 FEET; THENCE N 52 °16'40" E 59.15 FEET; THENCE N 52 °00'25" E 109.52 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 9.704 ACRES, MORE OR LESS. TOGETHER WITH A 40.00 FOOT ACCESS AND UTILITY EASEMENT BEING 20.00 FEET TO EACH SIDE OF THE CENTERLINE OF THE EXISTING ROAD TO THE ABOVE DESCRIBED PROPERTY; SAID EASEMENT TO EXTEND FROM THE 6 24 HIGHWAY RIGHT -OF -WAY TO THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PROPERTY. EXHIBIT B ADJOINING PROPERTY OWNERS OF THE JOINT ROCKY MOUNTAIN NATURAL GAS COMPANY AND PUBLIC SERVICE COMPANY OF COLORADO FACILITY 1. W.F. Clough P.O. Box 686 Rifle, CO 81650 303 - 625 -1625 CONTRACT TO BUY AND SELL REAL ESTATE Parties' Remedies Limited to Liquidated Damages) Garfield County, Colorado April 5, 1994 1. W. F. Clough aka William F. Clough, hereinafter called Seller ", hereby acknowledges having received from ROCKY MOUNTAIN NATURAL GAS COMPANY, a Colorado corporation, hereinafter called Purchaser ", the sum of 3,881.60 in the form of company check bearing a date of March 2, 1994 as part payment for the following described real estate in the County of Garfield, Colorado, to -wit: A PARCEL OF LAND SITUATED IN THE SE94 OF SECTION 12 AND IN THE NE /4 OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12, A STONE IN PLACE; THENCE N 74 °44'38" W 1883.97 FEET TO A POINT ON THE WESTERLY EDGE OF AN EXISTING ROAD, THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING FIFTEEN 15) COURSES ALONG THE WESTERLY EDGE OF SAID ROAD: 1. S 28 °03'09" E 41.39 FEET 2. S 17 °49'37" E 48.39 FEET 3. S 10 °52'00" E 74.31 FEET 4. S 10 °21'09" E 63.09 FEET 5. S 12 °07'47" E 78.69 FEET 6. S 14 °53'03" E 76.32 FEET 7. S 20 °36'15" E 65.94 FEET 8. S 21 °12'05" E 69.33 FEET 9. S 21 °53'05" E 80.08 FEET 10. S 21 °20'25" E 69.62 FEET 11. S 23 °01'45" E 78.88 FEET 12. S 25 °11'55" E 32.35 FEET 13. S 23 °48'50" E 58.89 FEET 14. S 17 °50'32" E 64.46 FEET 15. S 00 °08'37" E 33.04 FEET THENCE LEAVING THE WESTERLY EDGE OF SAID ROAD N 86 °34'57" W 83.23 FEET; THENCE N 79 °15'39" W 339.67 FEET; THENCE S 87 °57'56" W 99.28 FEET; THENCE S 74 °18'35" W 193.15 FEET; THENCE N 47 °12'02" W 308.84 FEET; THENCE N 40 °44'04" E 159.60 FEET; THENCE N 53 °05'22" E 237.62 FEET; THENCE N 36 °23'00" E 203.33 FEET; THENCE N 35 °30'18" E 160.57 FEET; THENCE N 52 °16'40" E 59.15 FEET; THENCE N 52 °00'25" E 109.52 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 9.704 ACRES, MORE OR LESS. TOGETHER WITH A 40.00 FOOT NON - EXCLUSIVE ACCESS AND UTILITY 1 EASEMENT BEING 20.00 FEET TO EACH SIDE OF THE CENTERLINE OF THE EXISTING ROAD TO THE ABOVE- DESCRIBED PROPERTY; SAID EASEMENT TO EXTEND FROM THE 6 & 24 HIGHWAY RIGHT -OF -WAY TO THE NORTHEASTERLY CORNER OF THE ABOVE- DESCRIBED PROPERTY; EXCEPT AND RESERVING ALL MINERALS OF WHATSOEVER KIND OR CHARACTER IN, UNDER AND UPON OR THAT MAY BE PRODUCED FROM THE ABOVE - DESCRIBED LAND; PROVIDED THAT NO OPERATIONS FOR THE EXPLORATION, PRODUCTION OR STORAGE OF OIL AND GAS OR OTHER MINERALS SHALL BE CONDUCTED ON THE LANDS DESCRIBED ABOVE. 2. The Purchaser hereby agrees to buy the Property, and the undersigned Seller hereby agrees to sell the Property, upon the terms and conditions stated herein. The Purchaser acknowledges the Purchaser has physically and personally inspected the Property, including but not limited to, any improvements and the surface of the ground, and accepts the Property in all respects in its present condition as is,. 3. The purchase price shall be U.S. 38,816.00, payable as follows: 3,881.60 hereby receipted for; and the balance of 34,934.40 shall be due and payable at closing, subject to normal closing adjustments as provided in paragraph 8 below. 4. There is no personal property presently on the Property; and no personal property shall be transferred with or as part of the sale of the Property. 5. The Seller specifically represents that the above - described real estate is not homestead property as defined by the laws of the State of Colorado. 6. This Contract shall not be assignable by Purchaser without the advance written consent of Seller, except to an affiliate of Purchaser. 7. Seller shall cause a current commitment for an owner's policy of title insurance in an amount equal to the purchase price to be furnished to Purchaser by a title company of Seller's choice within one week from the date of approval of this contract. Seller shall cause the owner's title insurance policy to be furnished to Purchaser, after delivery and recording of the general warranty deed. Consistent with the provisions of paragraph 8 below, Seller shall pay the premium for the owner's policy of title insurance. 8. The parties shall meet at closing to execute and deliver the documents and sums of money required under this Contract on or before June 1, 1994, the closing date, at such place or time as the parties shall agree. The parties shall provide for and pay at such time and place the costs and expenses normally incurred respectively by a "buyer" and a "seller" upon a transfer of title to real estate. 2 9. Title shall be good and merchantable in Seller, except as otherwise stated in this Contract. Subject to payment or tender as above - provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and suf- ficient general warranty deed to Purchaser on the closing date, conveying the Property free and clear of any leases and of all taxes and assessments, except the general property taxes for 1994, which Purchaser shall pay (see paragraph 11. below); and subject to the following: U.S. patent reservations and exceptions; all recorded or apparent rights -of -way and easements; building and zoning regulations and all other governmental laws, regulations, resolutions and restrictions. All closing costs and any other encumbrance required to be paid at or before closing, may be paid at the time of closing from the proceeds of this transaction or from any other source. 10. Except and subject to the matters stated in paragraph 9, if title is not merchantable and written notice of defects is given by Purchaser or Purchaser's attorney to Seller or Seller's attorney within ten days after the title committment is furnished to Purchaser by Seller, then Seller shall use reasonable effort to correct said defects prior to the closing date. If Seller is unable to correct said defects on or before said date, at Purchaser's option this Contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder by Seller shall be returned to Purchaser, without interest. 11. General taxes for 1994, based on the assessments and levy most current and available from the assessor's and treasurer's office of Garfield County, Colorado, shall be apportioned to date of closing. Purchaser is responsible for and shall pay when due general taxes for 1994 and subsequent years. 12. In the event the Property is substantially damaged by flood or other casualty between the date of this Contract and the date of delivery of deed, Purchaser may elect to terminate this Contract, in which case all payments and things of value received hereunder shall be immediately returned to Purchaser on demand. 13. The purchase of the above - described property is contingent upon Purchaser obtaining a subdivision exemption or like approval from Garfield County. Seller specifically agrees to cooperate with Purchaser in obtaining said exemption or approval. 14. Possession of the Property shall be delivered to Purchaser upon closing, provided that Purchaser shall also have the right of access to the Property for purposes of conducting site studies before closing. 15. Time is of the essence hereof. If any check received as earnest money hereunder or any other payment due hereunder is not 3 paid, honored or tendered when due, or if any other obligationhereunderisnotperformedashereinprovided, there shall be the following remedies: a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. b) IF SELLER IS IN DEFAULT, Purchaser may elect to treat this Contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser. It is agreed that such return of payments and things of value are the PURCHASER'S SOLE AND ONLY REMEDY for the Seller's failure to perform the obligations of this Contract. Purchaser expressly waives the remedies of specific performance and additional damages. 16. In the event of any litigation arising out of or as a result of this Contract, the court shall award to the prevailing party all reasonable costs and expenses, including attorneys' fees. 17. Additional provisions: A) Each party to this Contract has received the advice of legal counsel, or has been afforded the opportunity to do so, prior to signing this Contract. The parties acknowledge they fully understand all of the terms and provisions herein contained, and agree to be bound by them, and that the individuals signing in their representative capacities have been authorized to enter into this Contract on behalf of the parties. B) All provisions hereof which require or contemplate a continuing duty to perform by either party following closing shall survive the delivery of Warranty Deed and the other documents hereunder. 18. This instrument is a Contract between Seller and Purchaser and shall inure to the benefit of the successors and assigns of such parties, subject to the provisions of paragraph 6 above concerning non - assignment by Purchaser. W. F. Clough aka William F. Clough W. F. Clou 4 ROCKY MOUNTAIN NATURAL GAS COMPANY, Colorado c.4.oration B 4411.....ril Harlan E. Hansen, Vice President Seller's Address: P.O. Box 686, Rifle, CO 81650 Purchaser's Address: P.O. Box 670, Glenwood Springs, CO 81602 STATE OF ( hWit d0 ss.SELLER'S ACKNOWLEDGMENT COUNTY OF (,ax4 elc The above and foregoing CONTRACT TO BUY AND SELL REAJJXSTATE was ?scribed, sworn to and acknowledged before me this day of r'1('Y)L 1994, by W. F. Clough aka William F. Clough, SELLER. WITNESS my hand and official seal. My commission expires: 41, 1 g V. J Nota y Public 5 STATE OF COLORADO ss.PURCHASER'S ACKNOWLEDGMENT COUNTY OF GARFIELD The above and foregoing CONTRACT TO BUY AND SELL REAL STATE was subsgri ed, sworn to and acknowledged before me this 7 day of iy/r 1994, by Harlan E. Hansen, Vice President of Rocky Mountain Natural Gas Company, a Colorado corporation, PURCHASER. WITNESS my hand and official seal. My commission expires: 1,t/,2Ge /97,Al 1. otary Public ly lP ?6 Itrk,sQbrl CC n,2. 6 4 Reception No.Recorder. Iv Recorded at o'clock M., WARRANTY DEED THIS DEED, Made this 23RD day of JUNE 1994 between coy In Olsl47dC1 W. F. CLOUGH, AKA WILLIAM F. CLOUGH of the said County of GARFIELD and State of COLORADO grantor, and ROCKY MOUNTAIN NATURAL GAS COMPANY, A COLORADO CORPORATION whose legal address is P .0. BOX 670 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO grantee: WITNESSETII, That the grantor for and in consideration of the sum of good and valuable consideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT . "A" as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fce simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 1994, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WIIIER / EOF, the grantor has executed this deed on the date set forth above../ C r' ^ ynA W. F. CLOUGH, AKA WI 'IAM F. CLOUGH JJJ State of COLORADO ss. County of GARFIELD s 1 9 The foregoing instrument was acknowledged before me this 23RD day of JUNE 19 94 , r by W. F. CLOUGH, AKA WILLIAM-'zSCZQIIGH Y PUQFOP . .......... My commission expires 050397 ;' 0/Will; ss my hand and official seal. 2• vs OGREN i d1,i GT*/fl E .0 'U Not y Public act III iOF 0el\e Stewart TIRe et Glenwood Springs • File No. 94022762 C-2 RETURN TO: No.932A WARRANTY DEED (For fhologrnphkRecord) ROCKY MOUNTAIN NATURAL GAS COMPANY P.O. BOX 670 GLENWOOD SPRINGS, CO 81601 . SCHEDULE A PROPERTY DESCRIPTION ORDER NO: 94022762 C -2 A Parcel of land situated in the SE1 /4 of Section 12 and in the NE1 /4 of Section 13, Township 6 South, Range 94 West of the 6th Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southeast corner of said Section 12, a stone in place; thence N. 74 degrees 44'38" W. 1883.97 feet to a point on the Westerly edge of an existing road, the True Point of Beginning; thence the following fifteen (15) courses along the Westerly edge of said road: 1. S. 28 degrees 03'09" E. 41.39 feet; 2. S. 17 degrees 49'37" E. 48.39 feet; 3. S. 10 degrees 52'00" E. 74.31 feet; 4. S. 10 degrees 21'09" E. 63.09 feet; 5. S. 12 degrees 07'47" E. 78.69 feet; 6. S. 14 degrees 53'03" E. 76.32 feet; 7. S. 20 degrees 36'15" E. 65.94 feet; 8. S. 21 degrees 12'05" E. 69.33 feet; 9. S. 21 degrees 53'05" E. 80.08 feet; 10. S. 21 degrees 20'25" E. 69.62 feet; 11. S. 23 degrees 01'45" E. 78.88 feet; 12. S. 25 degrees 11'55" E. 32.35 feet; 13. S. 23 degrees 48'50" E. 58.89 feet; 14. S. 17 degrees 50'32" E. 64.46 feet; 15. S. 00 degrees 08'37" E. 33.04 feet; thence leaving the Westerly edge of said Road N. 86 degrees 34'57" W. 83.23 feet; thence N. 79 degrees 15'39" W. 339.67 feet; thence S. 87 degrees 57'56" W. 99.28 feet; thence S. 74 degrees 18'35" W. 193.15 feet; thence N. 47 degrees 12'02" W. 308.84 feet; thence N. 40 degrees 44'04" E. 159.60 feet; thence N. 53 degrees 05'22" E. 237.62 feet; thence N. 36 degrees 23'00" E. 203.33 feet; thence N. 35 degrees 30'18" E. 160.57 feet; thence N. 52 degrees 16'40" E. 59.15 feet; thence N. 52 degrees 00'25" E. 109.52 feet to the True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH A 40.00 FOOT NON - EXCLUSIVE ACCESS AND UTILITY EASEMENT BEING 20.00 FEET TO EACH SIDE OF THE CENTERLINE OF THE EXISTING ROAD TO THE ABOVE- DESCRIBED PROPERTY; SAID EASEMENT TO EXTEND FROM THE 6 24 HIGHWAY RIGHT -OF -WAY TO THE NORTHEASTERLY CORNER OF THE ABOVE- DESCRIBED PROPERTY; EXCEPT AND RESERVING ALL MINERALS OF WHATSOEVER KIND OR CHARACTER IN, UNDER AND UPON OR THAT MAY BE PRODUCED FROM THE ABOVE- DESCRIBED LAND; PROVIDED THAT NO OPERATIONS FOR THE EXPLORATION, PRODUCTION OR STORAGE OF OIL AND GAS OR OTHER MINERALS SHALL BE CONDUCTED ON THE LANDS DESCRIBED ABOVE.