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HomeMy WebLinkAboutConditions of Approval & CorrespondencePorn 2800-14 (Setember 1997) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE pER IT Glenwood Spge Energy Ofc. Serial 2Crn r() COC 72427 COC 72427-01 COC 72427T 1. The right-of-way for the COC 72427 natural gas gathering pipeline and high-pressure gas lift pipeline is hereby granted pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185). The COC 72427-01 associated produced water line right-of-way is granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). (Reference Oil and Gas Lease CA No. COC 56206) Nature of Interest: a. By this instrument, the holder: Bill Barrett Corporation Attn: Matt Barber, Lands Permitting 1099 18th Street, Suite 2300 Denver, Colorado 80202 receives a right to construct, operate, maintain, and terminate an access road, a 29 -inch buried natural gas pipeline and an 8 -inch buried produced water line on public land described as follows: AffarRag. MERIDIAN GARFIELCOLORADO Township 6 South, Range 92 West, sec 25, SW'1SW'h; b. The permanent right-of-way area granted herein for the COC 72427 20" steel low-pressure natural gas gathering pipeline and 6" steel high-pressure gas lift pipeline with associated infrastructure, 30 feet wide, 321.15 feet long and contains 0.22 acres, more or less. The permanent right-of-way area granted herein for the COC 72427-01, 8 -inch buried natural gas pipeline is 30 -feet wide. 321.15 feet long and contains 0.22 ages, more or less. The Temporary Use Permit granted herein is 75 feet wide and 321.15 feet long and contains 0.55 acres. more or less. The temporary work space is for use and occupancy only during the construction and restoration of the disturbed lands. Temporary UscJ knit will expire 12 months_from the effective date of this grant. (May 10, 2009). c. This instrument shall terminate 30 years from the date of the original right-of-way rant (December 31, 2037), unless, prior thereto, it is relinquished, abandoned, terminated or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. Bill Barrett Corp/C0C72427,C0C72427-01,C0072427T / May 2008 RECEIVED MAY 2 9 2008 GARFIELD COUNTY BUILDING & PLANNING e. Notwithstanding the expiration of this instrument or any ren.ewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations andlor liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted., the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible. in accordance with comparable commercial practices. 4. Terns and Conditions: a This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2880- b. Upon grant termination, the holder shall submit to the authorized officer. a plan of abandonment describing in detail how the improvements shall be abandoned or removed from the Federal lands described in this right-of-way grant. The plan of abandonment shall be approved by the authorized officer prior to implementation. • Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 180 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall. at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in the Attachments A (Maps/Plats) and B (Stipulations) attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were sct forth herein in their entirety. c. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perfonn all operations in a workmanlike manner so as to ensure protection of the environmentand the health and safety of the public. gill 3arrerr Corp/C0072427, COC72427-01,COC72427T / May 2008 2 IN WITNESS WHEREOF, The undersigned agees to the terms and conditions of this right-of-way grant or permit. Signature of Hold iy114 Signature of Authorized Officer BILL BARR£7 CogP $ENIoA— Supervisory Natural Resource Specialist Title Title LANDm44 Date Effective Date of Grant Pill Barrett Cozp/C0072427, COC72427-02, COC72427T / May 2008 3 Bill Barrett Corp EXIIIBIT A C0072427, C0072427-01, C0072427T May 2008 t,I 6 rr yep; l f A /r •G /Y air,/ 1 / O t\ it �� -9 4 t �, VVVII _ h . � I u $880 et ��` ;f ' ) }} /*'- ,.I.•tRDPOFEC PIPLLINF n� 1 'I._,-/1 \ 11 /,'� 1164 `I v ((�/•''��''�r '� ''''' }T 1 1 II BCOIM PIPCLINC "pa I ) 11l IN PO IriT APPx<Xl :NA Fr TOTAL PIPGL1NE DISTANCE =1,540 R = 92 ;a ' {w LEGEND: BILL BARRETr (ORPOR ATiON rRovntRDArr9Afi ROD rnNpira Pr PRI inViettmh EDgJneer:am & band Surveying le. Veit -tin >M •:,.w Vemwl. vtN. 440 7S. run, TA.- tin 17-. A M C4.") fi._Inls PIPELINE RIGHT -Or -Vat Sex_ retry 15, TeiS, R92W, 6th P.M. Bi12 Bazret::: Corp/C0072427, COC72427-01, COC72427T / May 2008 4 EXHIBIT A (1) BILL BARRETT CORPORATION COC72427, C0072427-01, COC72427T May 2008 TOWNSHIP 6 SOUTH RANGE 92 WEST Garfield County, Colorado /135852 ©/C. Section 25 1373 1624 !IC Ei21. Barrett Corp/C0072427, COC72427-01. COC72427T / May 2008 5 EXHIBIT B STIPULATONS Statutory Categorical Exclusion: C0140-2008-047 Bi11 Barrett Corporation COC72427, C0072427-01. COC72427T Natural Gas Pipeline, Produced Water Pipeline, TUP I . The pipeline as shown on the Map, Exhibit A, shall be installed to industry and BLM "Gold Book" standards. The pipelines shall be buried with at least 4 feet of cover, and within the 30 -foot permanent right- of-way corridor. Overall temporary construction width shall not exceed 75 feet. The centerline of the right-of-way and the exterior limits shall be clearly flagged prior to any construction activity. 2. The holder shall obtain an agreement with any existing rights-of-way holders prior to any disturbance or construction across ar adjacent to any existing right-of-way 3. A copy of these stipulations, including exhibits and the Plan(s) of Operation (if required). shall be on the project area and available to persons directing equipment operation 4. When saturated soil conditions exist on or along the proposed right-of-way, construction shall be halted until soil material dries out or is frozen sufficiently for construction to proceed without undue damage and erosion to soils. 5. Special fue control stipulations maybe in affect depending on when construction takes place. The grant holder shall coordinate with the BLM Authorized Officer and comply with any applicable fire control measures. 6. Pipeline warning signs shall be installed within five days of construction completion and prior to use of the pipeline for transportation of product. Pipeline warning signs are required at all road crossings. Signs shall be visible from sign to sign along the IVW. For safety purposes each sign shall be permanently marked with the holder's name and shall clearly identify the owner (emergency contact) and purpose (product) of the pipeline. 7. All pipelines (oil and gas, water distribution. produced water) shall be installed concurrently (during the time surface excavation and pipeline placement is underway). The purpose of this stipulation is to insure that future pipeline corridor disturbance is not needed to install these permitted pipelines and that all construction and reclamation occurs at the same time. 8. All lrasb shall be confined in a covered container and hauled to an approved landfill. Burning of waste or oil is not approved. 9. The holder shall regularly monitor and promptly control noxious weeds or other undesirable plant species as set forth in the Glenwood Springs Energy Office Noxious and Invasive Weed Management Plan for Oil and Gas Holders, dated March 2007. A Pesticide Use Proposal (PUP) must be approved by the BLM prior to the use of herbicides. (Contact Beth Brenneman, Ecologist, 970-947-5232 or 8121 Barrett Corp/C0c72427, COC72427-0i, 00072427T / May 2008 6 10. Range improvements (fences, gates, reservoirs, pipelines, etc.) shall be avoided if possible. If range improvements are damaged the holder shall be responsible for repairing or replacing the damaged facilities. 11 Cultural Edueation,Discoverv. All persons in the area who are associated with this project shall be informed that if anyone is found disturbing historic, archaeological, or scientific resources, including collecting artifacts, the person or persons shall be subject to prosecution. Pursuant to 43 CFR 10.4(g), the BLM authorized officer shall be notified by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4 (c) and (d), activities shall stop in the vicinity of the discovery, and the discovery shall be protected for 30 days or until notified by the BLM authorized officer to proceed. If in connection with operations under this contract. the operator, its contractors, their subcontractors, or the employees of any of them discovers, encounters, or becomes aware of any objects or sites of cultural value or scientific interest such as historic ruins or prehistoric ruins, graves or grave markers, fossils, or artifacts, the operator shall immediately suspend all operations in the vicinity of the cultural resource and shall notify the BLM authorized officer of the findings (16 USC 470h-3, 36 CFR 800.112). Operations may resume at the discovery site upon receipt of written instructions and authorization by the BLM authorized officer. Approval to proceed shall be based upon evaluation of the resource. Evaluation shall be by a. qualified professional selected by the BLM authorized officer from a Federal agency insofar as practicable. When not practicable, the operator shall bear the cost of the services of a non -Federal professional. Within five working days, the BLM authorized officer shall inform the operator as to: • whether the materials appear eligible for the National Register of historic Places • what mitigation measures the holder shall have to undertake before the site can be used (assuming that in-situ preservation is not necessary) • the timeframe for the BLM authorized officer to complete an expedited review under 36 CFR 80021, or any agreements in lieu thereof, to confirm through the SHPO State Historic Preservation Officer that the findings of the BLM authorized officer arc correct and that mitigation is appropriate The operator may relocate activities to avoid the expense of mitigation and delays associated with this process, as long as the new area has been appropriately cleared of resources and the exposed materials are recorded and stabilized. Otherwise, the operator shall be responsible for mitigation costs. The BLM authorized officer shall provide technical and procedural guidelines for relocation and/or to conduct mitigation. Upon verification from the BLM authorized officer that the required mitigation has been completed, the operator shall be allowed to resume construction. Antiquities, historic ruins, prehistoric ruins, and other cultural or paleontological objects of scientific interest that are outside the authorization boundaries but potentially affected. either directly or indirectly, by the proposed action shall also be included in this evaluation or mitigation. Impacts that occur to such resources as a result of the authorized activities shall be mitigated at the operator's cost, including the cost of consultation with Native American groups. Any person who, without a permit, injures, destroys, excavates, appropriates or removes any historic or prehistoric ruin, artifact, object of antiquity, Native American remains, Native American cultural item. or 13i11 Barrett Corp/coc72427, COC72427-01, COC72427T / May 2008 archaeological resources on public lands shall be subject to arrest and penalty of law (16 USC 433, 16 USC 470, 18 USC 641, 18 USC 1170, and 18 USC 1361). 12. Paleontological Resources. All persons associated with operations under this authorization shall be informed that any objects or sites of paleontological or scientific value, such as vertebrate or scientifically important invertebrate fossils, shall not be damaged, destroyed, removed, moved, or disturbed. If in connection with operations under this authorization any of the above resources are encountered, the operator shall immediately suspend all activities in the immediate vicinity of the discovery that might further disturb such materials and notify the BLM authorized officer of the findings. The discovery shall be protected until notified by the BLM authorized officer to proceed. As feasible, the operator "shall suspend ground -disturbing activities at the discovery site and immediately notify the BLM authorized officer of any finds. The BLM authorized officer shall, as soon as feasible, have a BLM-permitted paleontologist check out the find and record and collect it if warranted. If ground -disturbing activities cannot be immediately suspended, the operator shall work around or set the discovery asidc in a safe place to be accessed by the BLM-permitted paleontologist. Contact Karen Conrath, GSEO Geologist, at 970-947-5235 or karcn_corarath@blm.gov. 13. Ins Beetle. To avoid pinyon free mortality caused by infestations of the Ips beetle, any pinyon trees disturbed during road, pad, or pipeline construction work shall be chipped after being severed from the stump or grubbed from the ground, buried in the toe of fill slopes (if feasible) or cut and removed from the site within 24 hours to a location approved by the Colorado State Forest Service. 14. Winter Big Game TL. To protect winter wildlife habitat, no pipeline construction shall be allowed on BLM administered lands from December 1 to April 30. Exception: Under mild winter conditions, the last 60 days of the five-month seasonal limitation period may be suspended after consultation with the CDOW (Colorado Division of Wildlife). Contact Jeff Cook. GSEO Wildlife Biologist, at 970-947-5231 or ieffrev cookeblm.gov 15. Wetlands and Riparian Zones. The operator shall restore temporarily disturbed wetlands or riparian areas. Disturbances to the riparian zone shall be recontoured and reclaimed after installation of pipe. The operator shall consult with the BLM Glenwood Springs Energy Office to determine appropriate mitigation. including verification of native plant species to be used in restoration. Contact Jeff O'Connell, GSEO Hydrologist, at 970-947-5215 orjeffrey o'connell@blm.gov. 16. Dust Abatement. The operator shall implement dust abatement measures as needed or directed by the BLM authorized officer. 17. Visual Resources. The proposed construction area is located in an area classified as Visual Resource Management (VRM) Class IV in the Glenwood Springs Resource Area (GSRA) 1984 Resource Management Plan (RMP). The following stipulations relate to reducing visual contrasts in the Landscape, per the Helmer Gulch CO2006-084 Environmental Assessment: • All above -ground facilities shall be painted the following standard environmental color: Shale Green (5Y 4/2) to blend in with the vegetation background; 8i11 Barrett Corp/C0C72427, COC72427-01, C0072427T / May 2008 8 • In areas viewed from 1-70, clearing of vegetation may be required to feather and undulate the edges of the corridors. Contact D.J. Beaupeurt, Realty Specialist, for specifications at 970-947-5226 or di beaupeurtP,b1m.gov. • Efforts shall be made to leave as much existing vegetation as possible to screen the excavated disturbances. • During reclamation, vegetation debris and rocks shall be scattered intermittently throughout the corridor to break up color, texture, and form contrasts. • During the reclamation of cut and fill slopes, efforts shall be made to re -contour the slopes back to the original landscape as much as possible. • Final reclamation of all temporary construction areas shall begin as soon as possible and restored to preconstruction conditions as near as possible to reduce the exposure time of bare areas. 18. Reclamation. The goals, objectives, timelines, measures, and monitoring methods for final reclamation of oil and gas disturbances are described in Appendix I (Surface Reclamation) of the 1998 Draft Supplemental EIS (DSEIS). Specific measures to follow during interim and temporary (pre -interim) reclamation are described below. a. Deadline for Temporary Seeding and Interim Reclamation. Topsoil storage piles, stormwater control features, and cut -and -fill slopes shall undergo temporary- seeding to stabilize the material and minimize weed infestations within 30 days following completion of pad construction. Interim reclamation to reduce a well pad to the maximum size needed for production shall be completed within 6 months following completion of the last well planned for the pad. Both of these deadlines are subject to being extended upon approval of the authorized officer based on season, timing limitations. or other constraints cm a case-by-case basis. h. Topsoil Stripping, Storage. and Replacement Topsoil shall be stripped following removal of vegetation during construction of well pads, pipelines, roads, or other surface facilities. This shall include, at a minimum, the upper 6 inches of soil. Any additional topsoil present at a site, such as indicated by color or texture, shall also be stripped. The authorized officer may specify a stripping depth during the onsite visit. The stripped topsoil shall be stored separately from subsoil or other excavated material and replaced prior to final seedbed preparation. c. Seedbed Preparation. For cut -and -fill slopes, initial seedbed preparation shall consist of backfilling and recontouring to achieve the configuration specified in the reclamation plan. For compacted areas, initial seedbed preparation shall include ripping to a minimum depth of 18 inches, with a maximum furrow spacing of 2 feet Where practicable, ripping shall be conducted in two passes at perpendicular directions. Following final contouring, the backfilled or ripped surfaces shall be covered evenly with topsoil. Final seedbed preparation shall consist of scarifying (raking or harrowing) the spread topsoil prior to seeding. If more than one season has elapsed between final seedbed preparation and seeding, and if the arca is to be broadcast -seeded or hydrosecded, this step shall be repeated no more than 1 day prior to seeding to break up any crust that has formed. Bill Barrett Corp/C0072427, COC72427-01, 20072427T / May 2008 9 Seedbed preparation is not required for topsoil storage piles or other areas of temporary seeding. Requests for use of soil amendments. including basic product information. shall be submitted to the BLM for approval. d. Seed Mixes. A seed mix consistent with BLM standards in terms of species and seeding rate for the specific habitat type shall be used on all BLM lands affected by the project (see Attachments 1 and 2 of the Ietter provided to operators dated May I, 2008). Note that temporary seeding allows use of a seed mix containing sterile hybrid non-native species in addition to native perennial species. For private surfaces, the menu -based seed mixes are recommended, but the surface landowner has ultimate authority over the seed mix to be used in reclamation. The seed shall contain no noxious, prohibited, or restricted weed seeds and shall contain no more than 0.5 percent by weight of other weed seeds. Seed may contain up to 2.0 percent of "other crop" seed by weight, including the seed of other agronomic crops and native plants; however, a lower percentage of other crop seed is recommended. Seed tags or other official documentation shall be supplied to the BLM Glenwood Springs Energy Office Ecologist (Beth Brenneman, 970-947-5232 or beth_brennernan@b1m.gov) at least 14 days before the date of proposed seeding for acceptance. Seed that does not meet the above criteria shall not be applied to public lands. e. Seeding Procedures. Seeding shall be conducted no more than 24 hours following completion of final seedbed preparation. Where practicable, seed shall be installed by drill -seeding to a depth of 0.25 to 0.5 inch. Where drill - seeding is impracticable, seed may be installed by broadcast -seeding at twice the drill -seeding rate, followed by raking or harrowing to provide 0.25 to 0.5 inch of soil cover. Hydroseeding and hydromulching may be used in temporary seeding or in areas where drill -seeding or broadcast- seeding/raking are impracticable. Hydroseeding and hydromulching must be conducted in two separate applications to ensure adequate contact of seeds with the soil. If interim revegetation is unsuccessful, the operator shalt implement subsequent reseedings until interim reclamation standards are met. Requirements for reseeding of unsuccessful temporary seeding will be considered on a case-by-case basis. f Mulch. Mulch shall be applied within 24 hours following completion of seeding. In areas of interim reclamation that used drill -seeding or broadcast-seeding/raking, mulch shall consist of crimping certified weed -free straw or certified weed -free native grass hay into the soil. Hydromulching may be used in areas of interim reclamation where crimping is impracticable, in areas of interimreclamation that were hydroseeded. and in areas of temporary seeding regardless of seeding method. g. NOTE: Mulch is not required in areas where erosion potential mandates use of a biodegradable erosion - control blanket (straw matting). Erosion Control. Cut -and -fill slopes shall be protected against erosion with the use of water bars, lateral furrows, or other measures approved by the authorized officer. Biodegradable straw matting, bales or wattles of weed -free straw or weed -free native grass hay, or well -anchored fabric silt fence shall be used an cut -and -fill slopes and along drainages to protect against soil erosion. Additional BMPs shall be employed as necessary to reduce erosion and offsite transport of sediment. B,i21 Barrett Corp/C0072427, COC72427-01, COC72427T / May 2008 10 h. Site Protection. The pad shall be fenced to BLM standards to exclude livestock grazing for the first two crowing seasons or until seeded species are firmly established, whichever comes later. The seeded species will be considered firmly established when at Least 50 percent of the new plants are producing seed. The authorized officer will approve the type of fencing. i. Monitoring. The operator shall conduct annual monitoring surveys of reclaimed areas and shall submit an annual monitoring report to the authorized officer by December 31 of each year. The monitoring program shall use the four Reclamation Categories defined in Appendix I of the 1998 DSEIS to assess progress toward reclamation objectives. The annual report shall document whether attainment of reclamation objectives appears likely. If one or more objectives appear unlikely to be achieved, the report shall identify appropriate corrective actions. Upon review and approval of the report by the BLM, the operator shall be responsible for implementing the corrective actions or other measures specified by the authorized officer. 19. Weed Control. The operator shall regularly monitor and promptly control noxious weeds or other undesirable plant species as set forth in the Glenwood Springs Energy Office Noxious and Invasive Weed Management Plan for Oil and Gas operators, dated March 2007. A Pesticide Usc Proposal (PUP) shall be approved by the BLM prior to the use of herbicides. Annual weed monitoring reports shall be submitted by December 31. Contact Beth Brenneman, Glenwood Springs Energy Office Ecologist, at 970-947-5232 or beth_brcnneman@blm.gov. Bill Barrett Corp/C0072427, COC72427-01, CCC72427T / May 2008 11 February 16, 2008 Mr. Fred Jarman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Pipeline Development Plan for Bill Barrett Company Dear Fred: This office has performed a review of the documents provided for the Pipeline Development Plan of the Bill Barrett Company. The submittal was found to be thorough and well organized. The following comments, questions, or concerns were generated: 1. The applicant proposes that the low pressure pipelines will not be pressure tested, stating that, "These pipelines will be run at low pressures well below the bursting pressures and yield strengths of the pipelines." However, the primary reason for pressure testing pipes is to determine construction integrity, if the newly constructed pipeline has any leaks. More justification needs to be provided by the applicant showing that leaking pipelines will have no adverse effects or these lines should also be pressure tested. 2. The compressor pad shows an office building. The application does not discuss the office or any provisions necessary for sewer and water facilities. 3. The grading plan shows the compressor at the bottom of a drainage with a ditch along the west side. This ditch and the culvert beneath the entrance should be engineered to verify adequate capacity. 4. Permitting is in various stages of completion. Copies of permits should be provided to Garfield County as they are obtained. 5. The proposed pipeline crosses various drainage ways shown on the USGS map provided. These streams are proposed to be crossed under a Nationwide permit. Only one of these is discussed within the application, "... a small dry drainage located on Richard Gieske's property..." The cumulative total disturbance of crossing these .other drainages, and possibly wetlands, may require permitting with the US Army Corp of Engineers. The applicant should verify that these other crossings will not require permitting. 6. Whether or not any of the jurisdictional drainages also have mapped floodplains is not discussed. Garfield County flood plain permits may be required. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, i Mountain Cross Engineering, Inc. 1 I1 Chris Hale, PE FEB 2 0 2008 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com MEMORANDUM To: Fred Jarman From: Steve Anthony Re: BBC Compressor Station and East Lateral Pipeline Date: February 15, 2008 Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds A survey and weed management plan has been provided. The applicant's consultant has recommended that weed control be performed prior to ground disturbing activities. Staff agrees with this and would like to see treatment application records provided before construction starts, weather permitting. Revegetation The revegetation plan and site reclamation plan are acceptable. Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. Staff recommends a revegetation security. The applicant needs to quantify the amount of surface disturbance for both the compressor station and the lateral pipeline located on private lands. Once this information is provided an amount for the security will be established. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Bill Barrett Corporation February 14, 2008 Mr. Fred Jarman Planning Director, Garfield County 108 8th Street Suite 401 Glenwood Springs CO 81601 RE: Bailey Compressor Station & East Lateral Line Dear Mr. Jarman: At the request of Wagon Wheel Consulting, Inc. I hereby submit this statement concerning the Administrative Permit for Bill Barrett Corporation's Bailey Compressor Station and East Lateral Line currently under review by Garfield County. I am a Certified Professional Landman consulting with Bill Barrett Corporation (BBC) and hereby confirm that BBC holds valid mineral leases and right-of-way agreements across the entire length of the captioned project with the exception of approximately 1,400 feet of new right-of-way across the property of Richard Geiske and approximately 150 feet of new right- of-way across the property of Bill Kaufman. These sections comprise approximately 6.8% of the total project route. In the absence of an agreement with Geiske and Kaufman, BBC will utilize its existing right- of-way across the adjacent BLM tract and notify all affected parties of any such determination prior to commencement of construction. Sincerely, BILL BARRETT CORPORATION Agent 112 Red Feather Trail Silt, CO 81652 P 970-876-1959 F 970-876-0981 • Bill Barrett Corporation February 14, 2008 Mr. Fred Jarman Planning Director, Garfield County 108 8th Street Suite 401 Glenwood Springs CO 81601 RE: Bailey Compressor Station & East Lateral Line Dear Mr. Jarman: At the request of Wagon Wheel Consulting, Inc. I hereby submit this statement concerning the Administrative Permit for Bill Barrett Corporation's Bailey Compressor Station and East Lateral Line currently under review by Garfield County. I am a Certified Professional Landman consulting with Bill Barrett Corporation (BBC) and hereby confirm that BBC holds valid mineral leases and right-of-way agreements across the entire length of the captioned project with the exception of approximately 1,400 feet of new right-of-way across the property of Richard Geiske and approximately 150 feet of new right- of-way across the property of Bill Kaufman. These sections comprise approximately 6.8% of the total project route. In the absence of an agreement with Geiske and Kaufman, BBC will utilize its existing right- of-way across the adjacent BLM tract and notify all affected parties of any such determination prior to commencement of construction. Sincerely, BILL BARRETT CORPORATION 112 Red Feather Trail Silt, CO 81652 P 970-876-1959 F 970-876-0981 ® Bill Barrett Corporation February 13,2008 Garfield County Board of County Commissioners 108 8t Street, Suite 213 Glenwood Springs, Colorado 81601 Mr. Fred Jarman Planning Director, Garfield County 108 8th Street Suite 401 Glenwood Springs CO 81601 Dear Commissioners and Mr. Jarman: Bill Barrett Corporation (BBC) appreciates the opportunity to respond to several statements made by Ms. Becky Perlson Palmer regarding the Company and its Administrative Permit for BBC's Bailey Compressor Station and East Lateral Line currently under review by the Garfield County Planning and Zoning Commission. - While Ms. Perlson Palmer did indeed contact BBC when she initially learned of BBC's intentions to install a compressor station in her neighborhood, it is also true that at that time the plans to build and install were in their infancy. We had nothing to offer her in terms of details. Ms. Perlson Palmer did receive notice of our plans via certified mail on February 08, 2008, in compliance with Garfield County regulations. We believe that we are addressing many county, community and state concerns in our Administrative Permit Application. For example, BBC is well aware that noise will be one of the biggest issues surrounding the compressor station. This concem is shared by the Colorado Oil and Gas Conservation Commission and is reflected in their new rules that the industry is adhering to. We have addressed these rules by hiring a third -party noise consultant and we will follow his recommendations. A copy of his report is included in the application. Actions we have taken in response to his recommendations include the following: 1. Regarding mechanical noise from the compressor packages, all the compressor packages will be installed under one building. In working with the building contractor, we are including a heavier gauge "skin" on the building and additional interior noise muffling insulation. In fact, the weight of this thicker, heavier insulation has caused us to add reinforcement to the roof for adequate support. 2. As for exhaust noise from the engines, BBC will be using a dual silencer system to attenuate exhaust noise, as opposed to the typical single silencer. This added measure more than doubles our cost of mitigation in this area. 3. To address cooler noise, BBC has already purchased special -made, more -efficient cooler fans that operate at a low tip speed. The tip speed on these fans is about 8,000 feet per minute as compared to about 10,000 to 12,000 feet per minute for standard fans. Lower tip speed means much less noise. At the end of the day, when all the noise mitigation actions have been implemented the net increase in ambient noise at Ms. Perlson Palmer's residence will be about 1.6 dB, as detailed on page i of the noise report included in our application, where Ms. Perlson Palmer's residence is referred to as NSA # I. Our application addresses wildlife and vegetation, and is equally comprehensive in addressing the traffic we anticipate during construction as well as normal operation. We do anticipate a significant amount of traffic during 112 Red Feather Trail Silt, CO 81652 P 970-876-1959 F 970-876-0981 the construction phase (about 20 weeks) but only during daylight hours. This has also been documented and verified by a certified traffic engineer in our application. Finally, regarding materials and products we use, we have adhered and will continue to adhere to standards established by the Colorado Oil and Gas Commission; our SPCC Plan and facility design both address elimination and mitigation of spills. We are disappointed in many of Ms. Perlson Palmer's comments as BBC's intentions have always been to be a good neighbor and a prudent operator. We hope that this letter will reinforce the volume of information included in the application and will ease any concerns of the Garfield Board of County Commissioners and/or the Garfield County Planning and Zoning Commission. Our support of county road projects, innovations in developing best management practices for green completions, cessation of venting and our development of a water transportation system in response to traffic issues should all reflect our willingness to be responsive and creative when it comes to minimizing our impacts in the Mamm Creek area. We hope you find these past efforts indicative of the efforts we're willing to make in the future as we work to develop this hydrocarbon resource that provides clean -burning, domestically produced natural gas consumed throughout our country. Thank you, Bill Barrett Corporation allo ay Bauer Facilities Engineer 303-312-8101 BBC — Bailey Compressor Station Response February 13, 2008 Page 2 of 2 Bill Barrett Corporation February 19, 2008 Mr. Fred Jarman Planning Director, Garfield County 108 8th Street Suite 401 Glenwood Springs CO 81601 RE: Bailey Compressor Station & East Lateral Line Dear Mr. Jarman: Enclosed please find the following items relating to the captioned Administrative Application: 1. BLM Letter, 2/19/08, acknowledging receipt of application, Serial No. COC -72427, with attached application, plan of development, and plats 2. Status spreadsheet, effective 2/18/08 detailing Right -of -Way agreements covering the route of the captioned pipeline with copies of all agreements. In those cases where the party executing the agreement is not the current land owner, copies of the intervening deeds are also attached. 3. Plat of the pipeline route marked with numbers corresponding to the Right -of -Way agreements. Please do not hesitate to contact the undersigned if you have any questions concerning this matter. My phone number is 970-230-0924. Sincerely, Bill Barrett Corporation ''' Jf= andrich, CPL Consulting Landman 112 Red Feather Trail Silt, CO 81652 P 970-876-1959 F 970-876-0981 In Reply Refer To: 2800 (C0140) COC- 72427 United St ,s Department of the Inter �r Bill Barrett Corporation 1099 18th Street, Suite 2300 Denver, Colorado 80202 BUREAU OF LAND MANAGEMENT Glenwood Springs Energy Office 2425 S. Grand Avenue, Suite 101 Glenwood Springs, Colorado 81601 February 19, 2008 TAKE PRIDE' INAMERICA This letter is to advise you that the Glenwood Springs Energy Office has received your application for a right- of-way to construct a 20" buried steel natural gas pipeline, an 8" buried produced water line, and a 6" high- pressure gas lift pipeline. The following BLM-managed public lands would be affected by your application: Township 6 South, Range 92 West, Section 25, SWl/SW'/<, 6th PM, Garfield Co., Colorado We assigned serial number COC- 72427 to your application. Please refer to that number in all future correspondence relating to this project. The right-of-way application, as received, appears to be complete. Our goal is to process your application within 60 days or less. If we cannot meet this goal we will provide you with our best estimate as to when we will complete the work on your application. If we decide to issue a right-of-way grant, you will be assessed monitoring fees based on the estimated number of hours required to monitor your activities allowed under the grant. You will also be charged rent for the use of public land based on 1) the acreage involved, and 2) the type of granted use. The website below contains additional information on monitoring fees and rent. Regardless as to whether or not the grant is issued, you will be charged a processing fee for the time required to process your application via the National Environmental Policy Act (NEPA) regulations. Please be aware that you may not legally carry out any proposed activities on public lands managed by BLM until you have received an authorized grant from our office. For more information regarding BLM's right-of- way regulations and cost recovery fees, please refer to the following website: http://www.blm.gov/nhp/what/lands/realty/rowcr/ If you have any questions regarding your right-of-way application or the fees connected with it, please contact Ms. DJ Beaupeurt, Realty Specialist, at (970) 947-5226. Sincerely, /s/ D. J. Beaupeurt FOR Allen Crockett, PhD, JD Supervisory Resource Specialist STANDARD FORM 299 (212003) Prescribed by DOI/USDA/DOT P.L. 96-487 and Federal Register Notice 5-22-95 APPLICATION FOR TRANSPORTATION AND UTILITY SYSTEMS AND FACILITIES ON FEDERAL LANDS Eastern Lateral Pipelines FORM APPROVED OMB No. 1004-0189 Expires: October 31, 2005 FOR AGENCY USE ONLY NOTE: Before completing and filing the application. thc applicant should completely review this package and schedule a preapplication meeting with representatives of the agency responsible for processing the application. Each agency may have specific and unique requirements to be met in preparing and processing the application. Many times. with the help of the agency representative. the application can be completed at the preapplication meeting. Application Number Date Filed I. Name and address of applicant (include zip code) Bill Barrett Corporation 1099 18th Street, Suite 2300 Denver, Colorado 80202 2. Name, title, and address of authorized agent ifdifferent from item I (include zip code) Don Hamilton, Agent, Buys & Associates, Inc. 2580 Creekview Road Moab, Utah 84532 3. TELEPHONE (area code Applicant: Office: 303-312-8168 Mobile: 720-272-1710 Authorized Agent Office: 435-719-2018 Mobile: 435-650-1886 4. As Applicant are you? (check one) a. b. c. d. e. f. ❑ Individual Corporation* Partnership/Association* State Government/State Agency Local Government Federal Agency 5. Specify what application is for: (check one) a. ® New Authorization b. ❑ Renewing existing authorization No c. ❑ Amend existing authorization No. d ❑ Assign existing authorization No. e. 0 Existing use for which no authorization has been received. f. ❑ Other* * tic/reeked. complete supplemental page * i rchecked. provide details under item 7 6. If an individual, or partnership are you a citizen(s) of the United States? 0 Yes 0 No 7. Project description (describe in detail): (a) Type of system or facility,(e.g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (length, width, grading, etc.); (d) term of years needed; (e) time of year of use or operation; (f) Volume or amount of product to be transported; (g) duration and timing of construction: and (h) temporary work areas needed for construction (Attach additional sheets. if additional space is needed.) See attached Plan of Development 8. Attach a map covering area and show location of project proposal. 9. State or Local government approval: ❑ Attached ® Applied for ❑ Not required 10. Non -returnable application fee: 0 Attached 0 Not required X To be submitted upon request 11. Does project cross international boundary or affect international waterways? 0 Yes ® No (If yes," indicate on map) 12. Give statement of your technical and financial capability to construct operate. maintain. and terminate system for which authorization is being requested. Bill Barrett Corporation owns and operates federal leases and federal production in the western US. Bill Barrett Corporation has the technical capabilities to construct, operate and maintain a pipeline corridor of this proposed action size and type. (Continued on Page 2) T his form is authorized for local reproduction. 13a. Describe other reasonable alternative routes and modes considered. Numerous other alternatives were considered and deemed unsatisfactory by Bill Barrett Corporation. b. Why were these alternatives not selected? Additional surface disturbance concerns related to longer routes that did not follow existing disturbance. c. Give explanation as to why it is necessary to cross Federal Lands. The proposed pipeline corridor follows an existing pipeline corridor for approximately 40% of its route between private lands on both sides of the federal land. Federal Lands comprise the majority of the lands within the project area. 14. List authorizations and pending applications tiled for similar projects which may provide information to the authorizing agency. (Speci(i. number. Arne, code. or name) N/A 15. Provide statement of need for project. including the economic feasibility and items such as: (a) cost of proposal (construction. gn'nn»urc .rod maintenance,: (b) estimated cost of next best alternative: and (c) expected public benefits. See attached Plan of Development 16. Describe probable effects on the population in the area. including the social and economic aspects. and the rural lifestyles. No effects are anticipated on the population within the project area. 17. Describe likely environmental effects that the proposed project will have on: (a) air quality (b) visual impact: (c) surtace and ground water quality and quantity: (d) the control or structural change on any stream or other body of water: (e) existing noise levels: and (t) the surface of the land. including vegetation. permafrost sod, and soil stability. No substantial effects are anticipated. Appropriate mitigation measures developed from NEPA analysis will be applied to reduce environmental effects to acceptable levels to affected resources. 18. Describe the probable effects that the proposed project will have on (a) populations offish, plant life. wildlife, and marine life, including threatened and endangered species: and (b) marine mammals, including hunting, capturing. collecting, or killing these animals. No substantial effects are anticipated. Appropriate mitigation measures developed from NEPA analysis will be applied to reduce environmental effects to acceptable levels to affected resources. 19 State whether any hazardous material. as defined in this paragraph. will be used. produced. transposed or stored on or within the dghtb4way or any of the right-of-way facilities. or used in Inc construction, operation, maintenance or termination of the right-oftway or any of its facilities. "Hazardous material'sany substance, pollutant or contaminant that is listed as hazardous :order the Comprehensive Environmental Response. Compensation, and Liability Act of 1950, as amended. 42 U S.0 9601 et seq.. and its regulations. The definition of hazardous substances tinder CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act of 1976 (RCRA), as amended 42 U S C. 9601 et seq., and its regulations. The term hazardous nvMeriais also includes any nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as auteuded, 42 U.S.C. 2011 et seq. The term does not include petroleum, including etude oil or any fraction thereof that is not otherwise speeilicay listed or designated as a hazardous substance under CERCLA Section 101(14), 42 U.S C. 9601(14). nor does the term include natural ass. No additional hazardous materials as defined and associated with this application are anticipated at this time. 20. Name all the Department(s) /Agency(ies) where this application is being tiled. Original Filing with: Bureau of Land Management Glenwood Springs Field Once I HEREBY" CERTIFY, That 1 am of legal age and authorized to do business in the State and that 1 have personally examined the information contained in the application and believe that the infomaation submitted is correct to the best of my knowledge. Signature of Applicant . Date -7-0a 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 United States any false, fictitious. or fraudulent statements or representations as to any matter within its jurisdiction. Bill Barrett Corporation - Plan of Development for Easter Lateral ROW RE: Buried Pipelines Installation within a 321.15' X 75' Corridor SW/4 SW/4, Sec. 25, T6S, R92W, 6th PM, Garfield County, CO Prepared for: Bureau of Land Management, Glenwood Springs Field Office; Glenwood Springs, Colorado and Bill Barrett Corporation 1099 18th Street, Suite 2300 Denver, Colorado 80202 Prepared by: Buys & Associates, Inc. Littleton, Colorado Date: January 7, 2008 Purpose and Need for the Facility Bill Barrett Corporation (BBC) plans to install a buried pipeline corridor containing the following buried pipelines; 1) 20" steel low-pressure natural gas gathering pipeline (+1- 300 psig), 2) 8" HDPE (SDR 17) produced water gathering pipeline (+/- 100 psig), 3) 4" or 6" steel high-pressure gas lift pipeline (+/- 1,000 psig) and associated infrastructure, within a new federal right-of-way corridor as shown on the attached map and legal plat. The corridor would be buried unless conditions encountered during excavation required that the pipeline be surface laid. Construction is planned within a 75' temporary construction area that will be reclaimed and decreased to a 30' wide permanent right-of- way corridor once construction is complete. The pipeline will traverse along an existing pipeline disturbance parallel an existing 6" and 12" surface pipeline corridor for approximately 40% of its federal length. The pipeline corridor would be approximately 321.15' (0.06 miles) in length and traverses between two segments of offset fee surface and eventually connect existing and future production east of the requested right-of-way to the existing Bailey Compressor facility to the west (see attached project map). BBC is proposing to complete the project through the associated right-of-way application process and subsequent federal grant of right-of-way. The pipeline would serve to transport natural gas and produced water between the two project areas along entirely existing disturbance. In areas where an existing two -track maintenance road presently exists the road will be left intact for routine inspection and maintenance of the pipeline corridor. The pipelines may be connected to existing lines 1 as they are encountered and future tap sites may be installed where anticipated to accommodate further development of the existing oil and gas project. The installation would require a short term construction disturbance of a 321.15' long by 75' wide corridor (0.55 acres) on federal surface with the remaining disturbance on fee surface. Installation activities associated with the proposed pipeline project are anticipated to take approximately 1 week to complete and would include blading and grading of the proposed right-of-way with no temporary staging areas needed. Alternative locations for the pipeline have been analyzed by BBC personnel and deemed unsatisfactory given that an existing pipeline, and therefore, existing disturbance, currently exists along much of the proposed alignment. Future activity proposed in the immediate area of the pipeline is routine inspection and maintenance of the associated right-of-way and the ongoing oil and gas activities of BBC and other operators with interests in the area. The 30' wide permanent pipeline corridor would be a permanent facility lasting the 20 to 30 year lifespan of the associated project area. Design Factors All project activities in the area would follow procedures specified by the BLM as well as other applicable guidelines, including ASME 831.8 "Gas Transmission and Distribution Piping Systems", latest edition and API 1104, "Welding of Pipelines and Related Facilities", latest edition. The pipeline would be constructed of new pipe with an anticipated operating pressure of +/- 300 psig for the gas gathering pipeline, +/- 100 psig for the produced water pipeline and +/- 1,000 psig for the gas lift pipeline. Furthermore the pipeline would be tested to 125% of maximum operating pressure prior to being put into operation. Additional Components of the Right of Way The requested right-of-way would be ancillary to several fee surface use agreements servicing existing oil and gas development in the area and will make the best use of existing disturbance in the area for much of its length. The pipelines may be connected to existing lines as they are encountered and future tap sites may be installed where anticipated to accommodate further development of the existing projects. Associated infrastructure of the pipeline will also include valve, pigging and metering facilities that will be installed as needed along the pipeline corridor. Government Agencies Involved The proposed corridor is located on federal and fee surface. Garfield County will be contacted regarding the proposed pipeline installation. No other agencies will be applied to in association with this application. 2 Right of Way Location BBC proposes to install three buried pipelines within a 75 foot wide temporary corridor that reduces to a 30' wide corridor for the across the following federal lands: T6S, R92W, 6th PM, Garfield County, CO SW/4 SW/4, Section 25, Surface disturbance and vehicular travel will be limited to existing access roads and right-of-way corridor. A maximum of 0.55 acres of previously undisturbed federal lands would be disturbed as a result of the pipeline installation. Anticipated Conflicts with Resources No conflict with existing resources is foreseen at this time. The following applicant proposed practices would be implemented to avoid or minimize negative effects on biotic and abiotic resources along the pipeline corridor. Visual Resources The pipeline would be buried to minimize long-term impacts to the visual resources of the area. No cuts and fills will be generated and no permanent storage areas will be established along the corridor. The corridor will be kept clear of debris and unused equipment and will be kept at a minimum width and blend with the natural environment to minimize disturbance to visual resources. Erosion and Sedimentation Control No vehicles would be operated during periods of saturated soil conditions when surface ruts greater than 4 inches would occur within the staging area. Should excessive erosion begin to occur necessary erosion control structures will be installed and interim reclamation practices will be initiated. Human Health and Safety To protect and minimize the possibility of fires during the construction phase, all equipment would be equipped with fire extinguishers. Air Quality Members of the pipeline construction crew would car pool to and from Rifle or surrounding cities and towns to minimize vehicle -related emissions. If necessary, BBC will control dust evolving from the access corridor, if caused by construction traffic and only during the period of construction. 3 Construction of the Facility Construction of the pipeline corridor would require approximately 1 week to complete. Multiple construction crews would work to achieve this schedule. Members of the project workforce would commute from surrounding towns and cities. Trash containers and a portable toilet would be located on construction sites during construction. Upon completion of construction, the toilet and its contents would be transported to a municipal sewage facility in accordance with applicable rules and regulations regarding sewage treatment and disposal. Accumulated trash and nonflammable waste materials would be hauled to the Garfield County landfills. All debris and waste materials not contained in the trash containers would be cleaned up, removed from the ROW, and disposed of at the landfill. No potentially harmful materials or substances would be left on the ROW or vicinity. Scrap metal and other recyclable refuse would be hauled to the BBC yard. Equipment needed to install the pipelines would include flat bed trailers for stringing, a pipe fusion machine, trenching machine, dozers, trackhoes, backhoes, water trucks, and pick-up trucks. Vehicle traffic during the construction phase would include the transportation of materials and heavy equipment, the commuting of the workforce, and the daily operation of the construction equipment. Rehabilitation and Reclamation Following BLM published Best Management Practices the reclamation will be completed within 90 days of completion of the pipeline. All equipment and debris will be removed from the reclamation areas. The areas will be re-contoured where necessary. Disturbed areas will be re-contoured to blend with the surrounding area and reseeded as prescribed by the BLM. Reclaimed areas receiving incidental disturbance during the life of the two -track maintenance road will be re-contoured and reseeded as soon as practical. Prior to final abandonment of the pipeline, all disturbed areas, including the maintenance road, will be scarified and left with a rough surface. The site will then be seeded and/or planted as prescribed by the BLM. The BLM recommended seed mix will be detailed within their approval documents. Operations and Maintenance BBC will be responsible for all maintenance of the pipeline corridor including drainage 4 structures and weed control. All maintenance activities will be confined to the proposed pipeline corridor/requested right-of-way. No new or expanded access would be needed for operation and maintenance. REPRESENTATIVES FOR BILL BARRETT CORPORATION Don Hamilton — Agent for BBC 2580 Creekview Road Moab, Utah 84532 starpoint@etv.net Matt Barber — Permit Analyst Bill Barrett Corporation 1099 18th Street, Suite 2300 Denver, Colorado 80202 mbarber@billbarrettcorp.com 5 435-719-2018 (phone) 435-719-2019 (fax) 435-650-1886 (mobile) 303-312-8168 (phone) 303-291-0420 (fax) 720-272-1710 (mobile) T6S ' 7:. 5920\-77- `:•`..., N\ .._... // , . 11 /1 i.:.1:1\---.5.9„,.no -‘,./ //NI `• \ N. \ \\ o 1 I\ /./ // ii / _ ..,..... ... 1 ==r, 11 11 , 11 : L-- = = = =. 6 -..,....,,-1 1,-;•.; ,..--1 )/ i ...., ._ ..-..:: ,. .,..„.. o. i \\ ••••:,... I .7/ ,...--____ .z........ 0 ...,..,...4 i I-1 -1 r• --.. ---. -- --,- % • //' \\ . „ , (if , r C-Th I 11 // — 1111 BLM 598 ) ( APPROXIMATE TOTAL PIPELINE DISTANCE = 1,540 -IV- \\ • R 92 w LEGEND: PROPOSED ACCESS ROAD PROPOSED PIPELINE Uintah Engineering & Land Surveying 85 South 200 11,..st Nf.c•ennl. Utah 84078 (435) 789-1017 FAX (435) 789-1813 BILL BARRETT CORPORATION PIPELINE RIGHT-OF-WAY SECTION 25, T6S, R92W, 6th P.M. TOPOGRAPHIC M A P 12 MONTH 14 DAY 07 1LAR SCALE: 1" = 10001 DRAWN BY: LL. 'REVISED: 00-00-00 D TOPO J 00_ _ N It) Li 1-1 BILL BARRETT CORPORATION PIPELINE RIGHT- OF- WAY ON B. L. M. & FEE LANDS Q) PIPELINE RIGHT-OF-WAY DESCRIPTION A 30' WIDE RIGHT-OF-WAY 15' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. 0 0,6 O, E 0 T 0 CC 0 0 Z ,t''x c, < K D N E n -Oan• CN N m N- Y W p V W d)W Q J W U < COO 332 0 W La W ==N UO C W W -,-000wd1Jd_c N 0 C 2 Z -NO 11- u). 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O O W W W my Z h r N = -671. z-' m 0.0,- z OZ aN QO H4 < N ^ N - Z w tl Q• Z m m U 0 0: Z U(2) NaVj W i�f1 Z yNj tl NNJO.J n Z ^ d 0 COCO au/7 uopoa5 6/! Our? 2O11o9S 9{/{ ,00£ r ,0 RIGHT-OF-WAY LENGTHS S C m Oi V) CC0 00 0 0 0 r 4.1 4 - CO toco m to N Y ci ro 1/16 Section Line I HO/ o6,..0.,.,</ 0.. U 1Z J ?, LO--''' / W / U 4a1 Rh / N C C �/ ill ,00£ w 1 n • \O A L/ l8'60(Z: 'I'd \ \ Q /4.... \ 013 Lo \ // O \ %LI0 \ \ C I! \ \ 4.O V Z>'Z4 •S 'I'd O ! a \ \ N. \ tkS `\ \ w* i\ \ OattnvWe Irral+Z _ cl N. '��a PROPERTY OWNER 6 0 U K r 0 8 0 CU Q U LINE TABLE r Z R 8 8 8 c0 Z Q co S M 8 fr R ri 8 N 0 co m I a \ I£ �m��` '\ n 11 S o {qy \ \ \ 1 W„ a \ \ / 1 W Cri \\ \ / / i I N \ / \ \ 0.1- i ` N. \ / j0'�5 Ii \\\ N. / / am7 uog0aS ,/ y 241/ 88921'51'E — 2648.66' (Mens.) (-soary) ,00'9192 - 3.StrZOOS II W 0 N CC w 0 0 O 0 V 4 0 ll (] (D 0 <', < Cn".= 0 o 1 *co O a O co 0 (01CL 10) O' rn O O 0 T. ON J J J T- 0 - a' CO V Q)I Cn A Co N 7 CD W N 'fD (D N (D 0 D lll 0) 411 N N W V - a O W s U1 W WV A O A v (00 I 7 V V I 0) 01 O): V 0 ▪ (0 �5 01 Cn CO ' N (n Cn co CD 3 313 3 3 0 = a (D 0 0 0 0 + (Q ▪ CO V.110--- -0 O A ' - (O 00 J N N I N O N( a 0 010 O O (0 (0 (n I N_ I (W0 I I O) I V O i (0 O'• • (D 1 0 Q G , 1, m N I co co O O 11 O O co O) 11 O) O) O) O) A -C) I (D J O) O 0--. O O O W '',1 a C) 0 0 03103'0 W'WI(aI O'Ia •, 0 (0 co • ICO 03 1-41 J ' 1 01 0) u1 ;, V 0 CO O Ia J I J I J J 1 J J O OI0 0.00) J J 0 0 G7 a = I = (D. N W 1 4U CT)2 I N I o CO 1 CD NOO 61 I- CD = J 0 N N v CO J J J O O1m J J J J sir 'mI Or J m O J O 12/2/1993 461624 Nesbitt to Geiske 9LL069 9002/L W d) W 0 0 m cn 1 to 0,3313 coT. 0 Cn (D co 3 0 O0 N J T -0 0 0 o 3 O D D) 0 0 0 J O O G W CO 01 V O Cr) ISI 0 1. Wim 01n) co 'WI o o � <m m J ' (D [� J J J J O g 0 O O,m • S D 3 n I Cn CDJ 1 W J J J ITS (D° N OO O (T V O V J • (Il N O 0 i-1-) 0) N _.jII1 0 O (D I J J 3 p;� .JJ J OI501 0),m m 00 D a 0 0 co (D a J D 00 2 0 a D. 1 1111111111111111I 111111111111HHI II UI 111111111111 IHHi 678809 07/25/2005 01:12P 61709 P487 M ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO PIPELINE RIGHT-OF-WAY AND EASEMENT AGREEMENT )'t -t L KNOW ALL MEN BY THESE PRESENTS THAT James K. Bailey and Nancy L. Bailey, husband and wife, whose address is 3135 6 Lazy K Road, New Castle, CO 81647, hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell, bargain and convey unto BILL BARRETT CORPORATION, whose address is 1099 18th St., Suite 2300, Denver, CO 80202, hereinafter referred to as Grantee, its successors and assigns, a right-of-way and easement for the purpose of locating and surveying a pipeline route, and constructing, entrenching, maintaining, operating, protecting, repairing, replacing and changing the size of a pipeline and other appurtenances, including but not limited to, valves, metering equipment, and cathodic equipment (the pipeline and other appurtenances are hereinafter referred to as the "Facilities") for the transportation of oil, gas, petroleum products, water and any other substance, whether fluid or solid, and products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, approximately along the line shown on Exhibit "A," attached hereto and made a part hereof, over, under, across and through the Land described below, to wit; Township 6 South, Range 92 West, 6th PM Section 26: NW'/4NW'/4 DC7(' - The right-of-way and easement shall be 5 feet wide. (Please note that the attached Exhibit A is based on a proposed survey and will be replaced with a final survey when available. The route and distances) This right-of-way and easement shall carry with it the right of ingress and egress to and from, and access on and along the right- of-way, with the right to use existing roads, for any and all purposes necessary and incident to the exercise by Grantee of the rights granted herein, and rights granted by any oil and gas lease covering the above described lands in which Grantee has an interest. During temporary periods Grantee may use such portion of the Land along and adjacent to the right-of-way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the Facilities. TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate and maintain the Facilities over the right-of-way hereby granted unto the Grantee, its successors and assigns, and the Grantee may assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, assigns, legal representatives and successors in title. Grantee may at any time, and upon permanent abandonment of the right-of-way shall, execute and record a reconveyance and release hereof, whereupon this right-of-way and easement and all rights and privileges herein granted shall be fully canceled and terminated. Grantor reserves the right to the use and enjoyment of the Land except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb Grantee's Facilities. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the right-of-way herein granted. Grantee agrees to bury the pipeline at a depth sufficient so as not to interfere with normal cultivation of the surface of the Land, except when rock is encountered the pipeline may be buried not less than one foot below the surface or upon the surface if necessary. Grantee shall pay to Grantor all damages to Grantor's growing crops, timber and personal property caused by the construction of the Facilities. Grantor represents and warrants that he is the owner in fee simple of the surface of the Land described above, subject only to outstanding mortgages, if any, now of record in the county, and in the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on the land and thereupon be subrogated to such lien and rights incident thereto. Grantee shall indemnify, defend, save and hold harmless Grantor from any and all claims, demands, causes of action, or liability for damages, loss or injuries which arise out of Grantee's operations on the Land. WITNESS THE EXECUTION HEREOF THE3,- day of May, 2005. r -L. cz,cL 7( Jam K. Ba Nnc Cy y L.ailey ,A?/,;ri 111111111111111111111111111(111111111111111111111111111 678809 07/25/2005 01 12P 81709 P488 M RLSDORF 2 of 4 R 21.00 D 0.00 GRRFIELD COUNTY CO ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD) /�� On the .. cLday of // //r , 2005, personally appeared before me, the undersigned notary, James K. Bailey and Nancy L. Bailey, husband dfe, known to me to be the identical person(s) who signed the within and foregoing instrument, and duly acknowledged to me that they executed the same as their free an�ntary t� e� my.Eoirunission Expires Notary Public 7y at /7u vfi Type or Print Name 111111!11111Q11111111111111111111111111'"911111111111 504347105/30/2002 11 08A B1358 P6icv M ALSDORF 1 of 3 R 13.00 D 0.00 GARFIELD- COUNTY CO • AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT WHEREAS, Jamielyn Mansell, ("Owner"), 3418 Six Lazy K Road, New Castle, Colorado 81647, who has granted and conveyed to pipeline Easements and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, and who now desires to amend the Easement and to stipulate additional / terms of the Easement for the benefit of both the Owner and Calpine. !! 7 NOW, THEREFORE, for and in consideration of the sum of Five Hundred Dollars ($500.00) and other good and valuable considerations, to the Owner in hand paid, the receipt whereof is hereby acknowledged, the Owner and Calpine hereby agree to amend the Easement as follows: 1. The Owner and Calpine acknowledge the presence of the original Easement as of the date. Calpine desires to lay a twelve (12) inch pipeline parallel to the current six (6) inch pipeline which will be located along the eastern most fence line of Owner's property, located in the SW/4 NW/4, Section 26, T6S, R92W for a distance of five hundred (500) feet and which shall hereafter be described as twenty-five (25') foot strip within which this and other pipelines may be located. During temporary construction of the pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. Owner agrees to allow Calpine to cut the service road on the Owner's property. Calpine will repair the road after cutting and will match existing contour to the road. 3. Owner will be responsible for the care and maintenance of the road once the road has been repaired and restored back to its original condition. 4. Calpine will place all the excavated rock at a site designated by Owner. 5. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. 6. Calpine will be solely responsible for mitigating subsidence on Owner's surface by packing during construction and by promptly leveling and repacking when reasonably requested by Owner. 7. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's land with mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 8. All terms of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. 1 1111111 11111 1111111111111111111111111 ." 11111 IIII IIII 604347 05/30/2002 11 08R 81356 Pl.__ M RLSDORF 2 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. Hoc, t L CALVIN'.' NATURAL CAS COMPANY 1000 LOUISIANA STREEP, SUITE 800 }IOUSTON, TEXAS 77002 111111 11111 111111 11111 1111 1111111 IIIIl:" 11111 1111 1111 ;04347 05/30/2002 11 08P 81358 P622 M RLSDORF { of 3 R 15.00 0 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Agreement is executed this day of September 2001. JAMIELYN MANSELL CALPINE NATURAL GAS COMPANY By: Gerald Sullivan, Senior Landman STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) oing instrument was acknowledged before me this !off' day of September, d and seal this /O day of September, 2001. My Commission Expires 11115/2005 STATE OF COLORADO ) ss CITY and COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ICI -A day of September, 2001 by Gerald T. Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. Witness my hand and seal this /0‘11; day of September, 2001. Lod 0, INo`tary PubI c ,.: tet. �, a.:c;tssron Expires: a _S` tt d oF My Commission Expires 11115/2005 'c Notary Publ c 3 1411111111111110131311V-71111111111111 501331 04/13/2002 04:08P 111346 P224 M ALSDORF 1 of 3 Pi 15.00 U 0.00 GARFIELD COUNTY CO AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT V WHEREAS, Zane R. Carter and Sally Carter, ("Owners"), 30239 Highway 6, Rifle, Colorado 816.50, who are the successors -in -interest to Gerald D. Frick and Roberta N. Frick and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in -interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement and to stipulate additional terms of the Easement for the benefit of both the Owners and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owners in hand paid, the receipt whereof is hereby acknowledged, the Owners and Calpine hereby agree to amend the Easement as follows: 1. The Owners and Calpine acknowledge the presence of a pipeline within the original Easement, located in the SE 'A of the NW 1/4 of Section 26, Township 6 South, Range 92 West of the 6e!' P.M. as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). Calpine desires to lay an additional twelve (12) inch pipeline parallel to the current pipeline, to be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which all pipelines shall be located. During temporary construction of the pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. Calpine will survey the installed pipeline after construction. At that time and after footages have been determined, Calpine will pay to owner a damage settlement. Calpine will provide to Owner a copy of the survey. 3. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easerrrent. At no time in the future shall any additional pipelines be placed within the existing without the consent of the Owner. 4. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 5. Calpine will repair any access roads cut for the pipeline installation within the same day of activity. Calpine will re -gravel the roads before leaving the area. A11 culverts or cattle guards that are removed will be replaced to the satisfaction of the Owner. Any fences that require being cut will be repaired to the Owner's satisfaction. 6. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's land with mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 'Bo secS� Qn�wr-"G S:e.m—e 0-6 L 7. 1 LVY 11111111110111111111111111111111111'=.:111111111111111 601331 04/15/2002 04:08P 81348 P225 M ALSDORF 2 of 3 R 15.00 D 0 00 GRRFIELD COUNTY CO 7. All other terms and conditions of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 1111111 11111111111111111 I I I C _ 1111111111111111111 601331 04/15/2002 04:06P B1346 P226 11 PLSDORF 3 of 3 R 15.00 D 0 00 GRRFIELD COUNTY CO IN WITNESS WHEREOF, this Agreement is executed this eel day of July 2001. ZANE R. CARTER CALPINE NATURAL GAS COMPANY By: J • icu-4 Gerald Sullivan, Senior Landman STATE OF COLORADO COUNTY OF GARFIELD ) ss SALLYCCARTER The foregoing instrument was acknowledged before me this /S4-1.. day ofJuly, 2001 by ZANE and SALLY CARTER. hand and seal this /3 qday ofJuly, 2001. cassitiotca brim on Expires: Wrote SAM STATE OF COLORADO ) ss CITY and COUNTY OF DENVER Notary Publid The foregoing instrument was acknowledged before me this /5 qday ofJuly, 2001 by Gerald Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. my hand and seal this 15 -14 -day ofJuly, 2001. n Expires: Mn oto 1*X01 3 Rig; rded •. -clock : RA: J!fly _ Reception No. , 3572 ? ILDREED ALSDORF, RECORDER EASEMENT GRANT book 616 P1,6EE326 2037Q GERALD D. FRICK and ROBERTA N. FRICK, Grantors, of Garfield County, State of Colorado do hereby convey and warrant to Ivbuntain Fuel Resources, Inc., a Corporation of the State of Utah, Grantee, its successors and assigns, for the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations, receipt of which is hereby acknowledged, an easement fifty (50) feet in width to lay, maintain, operate, repair, inspect, protect, remove and replace pipe lines, valves, valve boxes and other gas transmission and distribution facilities (hereinafter collectively called "facilities") through and across the following described land and premises situated in the County of Garfield, State of Colorado, to -wit: Land of the Grantors located in the Northeast quarter of the Southwest quarter and Southeast quarter of the Northwest quarter, Section 26, Township 6 South, range 92 West, the center line of said easement shall extend through and across the above described land and premises as follows, to -wit: Beginning at Station 0+00, being a point in the NE 1/4 of the SW 1/4 of said Section 26, whence the southwest section corner thereof, being County Surveyor's brass cap, bears S.42°07'05"W., 2,856.43 feet; Thence N.80°39'53"E., 384.16 feet to Station 3+84.16; Thence N.44°50'09"W., 1,444.94 feet to Station 18+29.10; Thence N. 1°06'09"E., 466.24 feet to Station 22+95.34; Thence N.54°44'23"W., 23.53 feet to Station 23+18.87, being a point on the westerly line of the SE 1/4 of the NW 1/4 of said Section 26, whence the west quarter section thereof, being a rebar and cap, bears S.50°18'10"W., 1,755.76 feet. TO HAVE AND TO HOLD the sarme unto the said Nbuntain Fuel Resources, Inc., its successors and assigns, so long as such facilities shall be maintained, with the right of ingress and egress to and from said easement to maintain, operate, repair, inspect, protect, remove and replace the same. During temporary periods, Grantor may use such portion of the property along and adjacent to said easement as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the facilities. The said Grantors shall have the right to use the said premises except for the purposes for which this easement is granted to the said Grantee, provided such use does not interfere with the facilities or any other rights granted to the Grantee hereunder. The Grantee hereby agrees to pay damages which may arise to crops fences or livestock in or outside of easement caused by the construction, maintenance, repair, replacement or removal of the facilities. Grantee also agrees to reseed easement or reimburse Grantor for seeding. Any trees removed for construction purposes shall be cut in 2 -foot lengths and stacked along easement. It is mutually agreed that should any dispute arise as to such damages, the same, if not mutually agreed upon, shall at the written request of either party be arbitrated and determined by disinterested arbitrators one to be appointed by Grantors and one by Grantee within 20 days after such request, and if the two so chosen be unable to agree within 90 days after appointment, then they shall, within 30 days after written request by either the Grantors or the Grantee, select a third arbitrator, and failing so to do, such third arbitrator shall be appointed on application of either Grantors or Grantee by a Federal District Judge of the District wherein the land lies and the decision of any two of the arbitrators thus appointed shall be final and conclusive. BOOK 616 PRGE32'7 20370 The Grantors shall not build or construct nor permit to be built or constructed any building or other improvement over or across said easement, nor change the contour thereof without written consent of Grantee. This easement grant shall be binding upon and inure to the benefit of the successors andassigns of Grantors and the successors and assigns of the Grantee, and may be assigned in whole or in part by Grantee. It is hereby understood that any parties securing this grant on behalf of the Grantee are without authority to make any representations, covenants, or agreements not herein expressed. WITNESS the execution hereof this 19 at: STAl'b OF C.b1d COUNTY OF (S'GUrEitil d ss: 2,1 day of CS -Q" (i. i tii" -Lc/ //l GERALD D. FRICK t.Fl��lt '1... ie/. ROBERTA N. FRICK The foregoing instrument was acknowledged before me by this day of . . , 19 r' - Witness my hand and official seal. Notary Public ,tifilArir p...'Commission Expires: Residing at y = r OF c°%. 11111111111111111111111111111111111111111111(1111111111 536533 12/03/1998 01:42P 61101 P818 11 RLSDORF 1 of 2 R-11-.00- D- 27. 52- GARFIELD- COUNTY- CO Filed for record the day of A.D. 19 at o'clock M. RECORDER ey DEPUTY, Reception No. WARRANTY DEED THIS DEED , Made on this day of December 01, 1998 :11 between GERALD D. PRICK AND ROBERTA N. FRICK of the County of GARFIELD EVAN M. VERDIN AND SUSAN K. VERDIN and State of Colorado , of the Grantor(s), and whose legal address is : 1417 326 ROAD, SILT, CO 81652 of the County of GARFIELD and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of 1 5275,000.00 ) '"• Two Hundred Seventy Five Thousand and 00/100'"• 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(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of coloredo, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF RESERVING UNTO TIIE GRANTORS ALL MINERAL RIGHTS ASSOCIATED WITH THE PROPERTY CONVEYED. also known as street number 1417326 ROAD, SILT, CO 81652 TOGETHER with all and singular and 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 whatsoever of the Grantor(s), either in taw 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 appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their 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 fee 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 GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1998 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS. RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against alt and every person r persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to alt genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. GERALD D. FRIG ROB TA N. FRICK STATE of Colorado County of GARFIELD )ss. L The foregoing instrument was acknowledged before me on this day of December 01 1998 by GERALD D. FRICK AND ROBERTA N. FRICK My nows myi hn ex gad offs l Myco.nnissitness my on hand rd o(fi GC((ia MARGARET R. JOY NOTARY PUBLIC crTA 4M* Qf d@WW0gat me end Address o De Publ. Not y Sr cription ('Sd-35-106.5, C.R. Escrow# GW230222 N,y Coitmisslon Clplres 12123ALM0J1H Recorded Return to: BRAY & CO. Tithe 6W230222 1429 GRAND AVE. SUITE 103, GLENW00D 1A Rev 4-94. WARRANTY DEED (To Joint Tenants) SPRINGS CO 81601 5;2 n� Y✓rC� / � r P 11111111111111111111111III1111111111111III IIL J 1111 536533 12/03/1998 01:42P RHOS P819 N RLSDORF 2 of 2 R 11.00 D 27 52 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATE IN SECTION 26, TOWNSHIP 6 SOUTH, RANGE 92 WEST OP THE SIXTH PRINCIPAL MERIDIAN BEING THE NW1/4SW1/4 AND A PORTION OP THE NE1/45W1/4 OF SAID SECTION 26 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE NORTH LINE OF SAID NE1/4SW1/4 WHENCE THE CENTER OF SAID SECTION 26 BEARS N. 89 DEGREES 44' 39" E. 588.80 FEET; THENCE 5. 00 DEGREES 31' 09" E. 1311.47 FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4SW1/4; THENCE ALONG SAID LINE S. 89 DEGREES 40' 28" W. 733.52 FEET TO THE SOUTHEAST CORNER OF SAID NW1/4SW1/4; THENCE S. 89 DEGREES 40' 28" W. 1322.31 PEET TO THE SOUTHWEST CORNER OF SAID NW1/4SW1/4; THENCE N. 00 DEGREES 39' 41" W. 1314.30 PEET TO THE NORTHWEST CORNER OF SAID NW1/4SW1/4; THENCE N. 89 DEGREES 44' 39" E. 1323.95 FEET TO THE NORTHEAST CORNER OF SAID NW1/4SW1/4; THENCE N. 89 DEGREES 44' 39" E. 735.15 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DESCRIBED IN DEEDS RECORDED IN BOOK 700 AT PAGE 302, IN BOOK 778 AT PAGE 494 AND IN BOOK 832 AT PAGE 158. COUNTY OF GARFIELD STATE OF COLORADO GW230222 Ell AA PLrI AWN IA Inch' d 11111 Recent ionf: 725902 0e. 1 of g22Rec Fee:2007 $11.00 Doc Fee:45.00 GARFIELDJean RCOUNTY CO WARRANTY DEED THIS DEED, made this 18th day of lune, 2007 Between EVAN M. VERGIN AND SUSAN K. VERGIN of the • County of Garfield, and State of Colorado, grantor, and LAWRENCE W. ALLRED, Recorder. whose legal address is : PO Box 311, Silt, CO, 81652 of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $450,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell and 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 County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" as known by street and number as:2191 County Road 326 Silt CO 81652 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 whatsoever 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, grans, 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 fcc 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 socver, except general taxes and assessments for the year 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reelected in Commonwealth Title Company's Commitment No. 0705143 The grantor shall and will WARRANT 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 gender shall be applicable to all genders. IN WITNESS WHEREGF the grantor has executed this deed on the date set forth above. Evan M. Vergin STATE OF COLORADO COUNTY OF GARFIELD )ss. The foregoing instrument was acknowledged before me on June 18, 2007, by Evan M. Vergin and Susan K. Vergin. WITNESS my hand and official seal Yasin ctraMabos2_ My commission expires: Cnmm111nwculL, FOC Nu. 0705143 Holum Lawrence W. Allred PO m. 311 sa, Co 111437. wary Public File No. 0705143 ®111 In iPNrPi0,1VIi1M,101104'INid 11111 Reception#• 725902 06/19/2007 04:03:51 PM B: 1939 P: 0524 Jean Alberlco 2 of 2 Rec. Feo:$11.00 Doc Fee:45.00 GARFIELD COUNTY CO EXHIBIT "A" A tract of land situate in Section 26, Township 6 South, Range 92 West of the 6th P.M. being the NW 1/4SW1/4 and a portion of the NEI/4SW 1/4 of said Section 26 and being more particularly described as follows: BEGINNING AT A POINT on the North line of said NE1/4SW 1/4 whence the Center of said Section 26 bears North 89°44'39" East 588.80 feet; thence South 00°31'09" East 1311.47 feet to a point on the South line of said NE1/4SW 1/4; thence along said line South 89°40'28" West 733.52 feet to the Southeast Comer of said NW1/4SW1/4; thence South 89°40'28" West 1322.31 feet to the Southwest Corner of said NW I/4SW 1/4; thence North 00°39'41" West 1314.30 feel to the Northwest Comer of said N W I/4SW 1/4; thence North 89°44'39" East 1323.95 feet to the Northeast Corner of said NW 1 /4SW 1 /4; thence North 89°44'39" East 735.15 feet to the POINT OF BEGINNING. Together with a non-exclusive right of way and easement for access purposes described in deeds recorded in Book 778 at Page 494 and Book 832 at Page 158 and together with a non-exclusive easement for right of way purposes reserved in deed recorded July 15, 1996 in Book 985 at Page 187. EXCEPTING ING AND RESERVING unto the Grantors all oil, gas and other mineral rights. 1 [111111111111111111111111111111111F:1111111111111801327'04/15/2002 03:58P 81346 P3 N ALSDORF 1 of 3 R 13.00 D 0.00 GARFIELD COUNTY CO AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT WHEREAS, David J. Bishop, ("Owner"), PO Box 1578, Basalt, Colorado 81621-1578, who is the successor -in -interest to Gerald D. Frick and Roberta N. Frick and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in -interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement and to stipulate additional terms of the Easement for the benefit of both the Owners and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owners in hand paid, the receipt whereof is hereby acknowledged, the Owners and Calpine hereby agree to amend the Easement as follows: 1. The Owners and Calpine acknowledge the presence pipelines within the original Easement, located in the NE % of the SW '/a of Section 26, Township 6 South, Range 92 West of the 6' P.M. as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). Calpine desires to lay a twelve (12) inch pipeline parallel to the current pipeline, all pipelines to be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which all pipelines shall be located. During temporary construction of 'the pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. After construction of the line is finished, Calpine will pay to the Owner damages as determined by the final survey. Calpine will furnish to owner a copy of the survey. 3. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. At no time in the future shall any additional pipelines be placed within the existing without the consent of the Owner. 4. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 5. Calpine will repair any access roads cut for the pipeline installation within the same day of activity. Calpine will re -gravel the roads before leaving the area. All culverts or cattle guards that are removed will be replaced to the satisfaction of the Owner. Any fences that require being cut will be repaired to the Owner's satisfaction. 6. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's land with mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. ((L �. O 1 f/. 111E11 1111111111111111111111111111111F' ° 11111 11E11 601327 04/15/2002 03:58P 81346 Pka4 11 RLSDORF 2 of 3 R 15.00 D 0 00 GRRFIELD COUNTY CO 7. All other terms and conditions of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 1 11111111111 111111 11111 1111 111111 IIIb'^ 11111 1111 111 601327'04/15/2002 03:58P 81346 Pc15 P1 ALSDORF 3 of 3 R 13.00 D 0 00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Agreement is executed this // `fi"day of July 2001. 1 CALPINE NATURAL GAS COMPANY By: ZiCa67651-4/ Gerald Sullivan, Senior Landman STATE OF COLORADO COUNTY OF GARFIELD ) ss The foregoing instrument was acknowledged before me this PM day of July, 2001 by SHOP. and and seal this NFL day of July, 2001. Ng earns aPires n Expires: NOVietter to STATE OF COLORADO ) ss CITY and COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 75-1-1' day of July, 2001 by Gerald Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. ss my hand and seal this/-' qday of July, 2001. ssion Expires: tett MI Nay Publi 3 1 111111 11111 1111111 11111111111111111111111111111111111 Filed far record th 677018 06/28/2005 02:49P 81700 P922 M RLSDORF M. Reception No. 1 of 4 R 21.00 D 26.00 GARFIELD COUNTY CO RECORDER DEPUTY. WARRANTY DEED THIS DEED, Made on this day of June 27, 2005 , between DAVID JADE BISHOP of the County of GARFIELD and state of COLORADO , of the Grantor(s), and EVAN M. VERGIN AND SUSAN K. VERGIN whose legal address is : 2191 COUNTY ROAD 326 SILT, CO 81652 of the County of GARFIELD and State of COLORADO of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ($260,000.00 ) *** Two Hundred Sixty Thousand and 00/100 *** 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(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number 2101 COUNTY ROAD 326 SILT C0 81652 TOGETHER with all and singular and 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 whatsoever of the,Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO AHOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their 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 fee 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 GENERAL TAXES AND ASSESSMENTS POR THE YEAR 2005 AND SUBSEQUENT YEARS AHD SUBJECT TO THOSE ITEMS A9 SET FORTH ON EXHIBIT B ATTACHED HERETO ARD INCORPORATED HEREIN. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), 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, and the plural the singular, and the use of any gender shaLl be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. By: DAVID J STATE OF COLORADO )ss_ County of GARFIELD ) BIS O The foregoing instrument was acknowtedged before me on this day of June 27, 2005 by DAVID JADE BISHOP REBECCA My commission xpird�iOTARY PUBLIC Witness my hard STAolf '2'}li MLORADO My c0mmissiun Expues Uc;. ;n.2006 Name and Address of Porsnn rroatinn we„iy r Notary Publ' c� wyucscripiron l .)O -3J -IVO.], C.R.S.) Escrow# GW246548 When Recorded Return to: EVAN M. VERGIN AND SUSAN K. VERGIN Title# GW246548 2191 COUNTY ROAD 326, SILT, CO 81652 Form 95 08/29/04 WDJT.OPEN TEST WARRANTY DEED (Joint Tenants) (1862966) -74 1 111111111111111111111111111111111111111151111111 1111 677018 06/28/2005 02:49P 81700 P923 M ALSDORE 2 of 4 R 21.00 D 26.00 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4SE1/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26; THENCE ALONG THE EAST - WEST CENTERLINE OF SAID SECTION N 89 DEGREES 45' 15" E 584.62 FEET; THENCE DEPARTING SAID LINE S 00 DEGREES 01' 02" W 1309.53 FEET TO A POINT ON THE SOUTH LINE OF SAID NW1/4SE1/4; THENCE ALONG SAID SOUTH LINE 5 89 DEGREES 39' 07" W 572.36 FEET TO THE SOUTHWEST CORNER OF SAID NW1/4SE1/4 ALSO BEING THE SOUTHEAST CORNER OF SAID NE1/4SW1/4; THENCE S 89 DEGREES 39' 07" W 588.79 FEET; THENCE N 00 DEGREES 31' 09" W 1311.49 FEET TO A POINT ON THE NORTH LINE OF SAID NE1/4SW1/4; THENCE N 89 DEGREES 44' 39" E 588.80 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Form E%XIBfrA 01/17/03 '6w246548 1111111111111111111111111111111111111111111111111111111 677018 06/28/2005 02:49P B1700 P924 M RLSDORF 3 of 4 R 21.00 0 26.00 GRRFIELD COUNTY CO EXHIBIT B Our Order No. GW246548-2 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 28, 1918, IN BOOK 112 AT PAGE 498 AND RECORDED MARCH 16, 1921 IN BOOK 112 AT PAGE 533 AN UNDIVIDED 3/4 INTEREST IN ALL OIL, GAS AND OTHER MINERALS RESERVED BY CARL HASSELBUSH AND CLARA HASSELBUSH IN INSTRUMENT RECORDED APRIL 18, 1973 IN BOOK 443 AT PAGE 175, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 6, 1976 IN BOOK 487 AT PAGE 564, IN INSTRUMENT RECORDED DECEMBER 5, 1979 IN BOOK 519 AT PAGE 841 AND IN INSTRUMENT RECORDED AUGUST 17, 1979 IN BOOK 533 AT PAGE 400. (EXACT LOCATION IS NOT DEFINED) TERMS AND CONDITIONS OF OIL AND GAS LEASE RECORDED DECEMBER 2, 1981 IN BOOK 587 AT PAGE 198, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT CONTAINED IN DEED RECORDED FEBRUARY 10, 1984 IN BOOK 644 AT PAGE 25. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED APRIL 03, 1972 IN BOOK 428 AT PAGE 547, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 4, 1989 IN BOOK 778 AT PAGE 494 AND AT PAGE 497. EASEMENTS AND RIGHTS OF WAY FOR PIPELINE AS GRANTED IN INSTRUMENT RECORDED APRIL 11, 1994 IN BOOK 898 AT PAGE 571. EASEMENTS AND RIGHTS OF WAY AS SHOWN ON IMPROVEMENT SURVEY PREPARED BY RICHARD L. HOLSAN, DATED JULY 2, 1996. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 09, 1979 IN BOOK 525 AT PAGE 743. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO MOUNTIAN FUEL RESOURCES RECORDED JANUARY 6, 1983 IN BOOK 616 AT PAGE 326 AND AMENDED MAY 17, 1994 IN BOOK 902 AT PAGE 644. TERMS, CONDITIONS AND PROVISIONS OP AGREEMENT RECORDED NOVEMBER 28, 1990 IN BOOK 794 AT PAGE 72. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED DECEMBER 4, 1986 IN BOOK 700 AT PAGE 308. 1 111111 11111 1111111 11111 ID 1111111 11111 111 11111 1111 1111 677018 06/28/2005 02:49P 81700 P925 M RLSDORF 4 of 4 R 21.00 D 26.00 GARFIELD COUNTY CO EXHIBIT a Our Order No. GW246548-2 EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED APRIL 14, 19921N BOOK 828 AT PAGE 502. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED MAY 17, 1994 IN BOOK 902 AT PAGE 644, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. EASEMENTS AND RIGHTS OF WAY ACROSS ROADS AS CONSTRUCTED AND IN PLACE AS EVIDENCED BY INSTRUMENT RECORDED DECEMBER 15, 1994 IN BOOK 925 AT PAGE 765. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JULY 15, 1996, IN BOOK 985 AT PAGE 187. EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED JULY 15, 1996 IN BOOK 985 AT PAGE 187. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OP WAY EASEMENT RECORDED April 15, 2002 IN BOOK 1346 AT PAGE 213. Recorded the 111111111111111111111111111 111111111111III 1111111111111 Reception k 677021 06/28/2005 02:52P B1700 P936 11 ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO , at o'clock m. QUIT CLAIM DEED THIS DEED, Made this day of June 27, 2005 , between EVAN M. VERGIN AND SUSAN K. VERGIN Grantor, for the consideration of *** TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION*** in hand paid, hereby sells and quitclaims to DEUTERONOMY 269, LLC Grantee, whose street address is 2191 COUNTY ROAD 326 City of sztr , County of GARFIELD , State of COLORADO , the following real property in the County of GARFIELD , and State of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: also known as street and number 2101 COUNTY ROAD 326 SILT CO 81652 TOGETHER with all its appurtenances. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. igned as of the day and year first above written. EVAN M. VERGIN State of COLORADO County of GARFIELD )ss. SUSAN K. VERGIN The foregoing instrument was acknowledged before me this day of June 27, 2005 by EVAN M. VERGIN AND SUSAN K. VERGIN Witness my hand and official seal. My commission expires REBECCA WESTPHAL. NOTARY PUBLIC STATE OF COLORADO/ MyComrrsrrn f ;- ..,':,•� :: ; 0tq} When recorded return to: EVAN M. VERGIN AND SUSAN K. VERGIN 2191 COUNTY ROAD 326 SILT CO 81652 Form 38 01/16/03 OCD QUIT CLAIM DEED GW246548 Gw246548 <1926318) 11111111111111111111111111111111111111111111 1111111 677021 06/28/2005 02:52P 81700 P937 M PLSDORF 2 of 2 R 11.00 D 0.00 GPRFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATED IN THE NE1/4SW1/4 AND THE NW1/4$E1/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE CENTER QUARTER CORNER OP SAID SECTION 26; THENCE ALONG THE EAST - WEST CENTERLINE OF SAID SECTION N 89 DEGREES 45' 15" E 584.62 FEET; THENCE DEPARTING SAID LINE S 00 DEGREES 01' 02" W 1309.53 FEET TO A POINT ON THE SOUTH LINE OF SAID NW1/4SE1/4; THENCE ALONG SAID SOUTH LINE S 89 DEGREES 39' 07" W 572.36 FEET TO THE SOUTHWEST CORNER OF SAID NW1/4SE1/4 ALSO BEING THE SOUTHEAST CORNER OF SAID NE1/4SW1/4; THENCE S 89 DEGREES 39' 07" W 588.79 FEET; THENCE N 00 DEGREES 31' 09" W 1311.49 FEET TO A POINT ON THE NORTH LINE OF SAID NE1/4SW1/41 THENCE N 89 DEGREES 44' 39" E 588.80 FEET TO THE POINT OF BEGINNING. COUNTY OF GARPIELD STATE OF COLORADO Form EXMIBITA 01/17/03 GW246548 1111 VI hi+ICK, +�4 I�L�IP��II�l�fiiI L 4�r 1 }'tIN13 �f l� � Receptionti: 733301 09/1712007 03:49:35 PM Jean Atberieo 1 or 2 Ree Fee:511.00 Doc Fee:29.75 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 17th day of September, 2007 _ Recorder. Between DEUTERONOMY 269, LLC of the *County of Garfield, and State of Colorado, grantor, and MARK E. DOMMER AND MARSHA DOMMER, as Joint Tenants with full rights of survivorship whose legal address is : 2101 County Road 326, Silt, CO, 81652 of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of 5297,500.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and 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 County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" as known by street and number as: 2101 County Road 326 Silt CO 81652 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywisc appertaining, and thc reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever 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 thc time of the enscaling 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 fee 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 general taxes and assessments for the year 2007 and subsequent ycars and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0705142 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, ugainst 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 gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Deuteron gfry 269, LLC By: - Evan M. Vergin, Manager STATE OF COLORADO COUNTY OF GARFIELD ) 55. By: SLA >` Susan K. Vergin, Manager" The foregoing instrumcnt was acknowledged before me on September 17, 2007, by Evan M. Vergin and Susan K. Vergin as Managers of Deuteronomy 269, LLC . My commission expires: C'o,, wcxldl File No. 0705142 "app, to: Mrk 11. Damper and Muaha Demmer 2101 Couay 9o,4 126 Sill CO 51652 lay Ceintrission Expels 05t232009 WITNESS my hand and official seal f File No. 0705142 1111 RA Hi 11111 Reception#: 733301 09/17/2007 03:49:35 PM Jean Alberieo 2 of 2 Roc Fee:$11.00 Dan Fee:29.75 GARFIELD COUNTY CO EXHIBIT "A" A tract of land situated in the NE1/4SW 1/4 and the NW 1/4SE1/4 of Section 26, Township 6 South, Range 92 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at the center quarter corner of said Section 26; thence along the East - West centerline of said Section North 89°45'15" East 584.62 feet; thence Departing said line South 00001'02" West 1309.53 feet to a point on the South line of said NW 1/4SE1/4; thence along said South line South 89°39'07" West 572.36 feet to the Southwest corner of said NW 1/4SE1/4 also being the Southeast corner of said NE 1 /4SW 1 /4; thence South 89°39'07" West 588.79 feet; thence North 00°31'09" West 1311.49 feet to a point on the North line of said NEI/4SW1/4; thence North 89°44'39" East 588.80 feet to the POINT OF BEGINNING. Together with a non-exclusive casement for access purposes as described in deed recorded June 28, 2005 in Book 1700 at Page 926. Excepting and reserving unto the Grantor all oil, gas and other mineral rights. RECORDED 0"CLOCKP.Mb REC # 461624 All_11 1991 MILDRED ALSDORF, GARFIELD COUNTY CLERK RIGHT OF WAY FIND EASEMENT GRANT QG 8985139 PACE_ Michael H. Davis and Diane E. Davis, Grantor(s), of Garfield County, of the State of Colorado, does hereby convey to Timberline Energy, Inc., a Corporation of the State of Colorado, Grantee, its successors and assigns, for the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations, receipt of which is hereby acknowledged, a right of way and easement fifty (50) feet in width to lay, maintain, operate, repair, inspect, protect, remove and replace pipelines, through and across the following described land and premises situated in the County of Garfield, State of Colorado, to -wit: Land of the Grantors located in the N/2SE/4 of Section 26 and in the NW/4SW/4 of Section 25, Township 6 South, Range 92 West, 6th P.M. The easement shall revert to a 25 foot easement upon completion of construction, thereafter being 12.5 feet on each side of center line. A complete description to be furnished upon completion of pipeline and final survey and payment to be made in the amount of $8.00 per rod. TO HAVE AND TO HOLD the same unto the said Timberline Energy, Inc., its successors and assigns, so long as such facilities shall be maintained, with the right of ingress and egress to and from said right of way to maintain, operate, repair, inspect, protect, remove and replace the same. During temporary periods, not to exceed 30 days, Grantee may use said right of way as may be reasonable and necessary in connection with construction, maintenance, repair or removal of the facilities. The same Grantor(s) shall have the right to use the said premises except for purposes for which this right of way and easement is granted to the said Grantee, provided such use does not interfere with the pipeline or any other rights granted to the grantee hereunder. The Grantee hereby agrees to pay damages which may arise to crops or fences caused by the construction, maintenance, repair, replacement or removal of the facilities. Grantee agrees to reclaim the premises to as near their present condition as possible either by planting crops or native grasses. It is mutually agreed that should any dispute arise as to such damages, the sante, if not mutually agreed upon, shall at the written request of either party be arbitrated and determined by disinterested arbitrators one to be appointed by Grantor(s) and one by Grantee within 20 days after such request, and if the two so chosen be unable to agree within 90 days after appointment, then they shall, within 30 days after written request be either the Grantor(s) or the Grantee, select a third arbitrator, and failing so to do, such third arbitrator shall be appointed on application of either Grantor(s) or Grantee by a Federal District Judge of the District wherein the land lies and decision of any two of the arbitrators thus appointed shall be final and conclusive. sooX9898 roc« i 0 The Grantor(s) shall not build or construct nor permit to be built or constructed any building or other improvement over or across said easement, nor change the contour thereof without written consent of Grantee. Grantor may construct a fence or fences within the easement, however no closer than three feet on either side of the actual location of the actual pipeline. Grantee's written consent to Grantor to develop the surface of the lands covered in this easement shall be issued for any improvement, providing such improvement does not create a safety hazard or prevent Grantee from exercising its rights contained herein.. This easement grant shall be binding upon and inure to the benefit of the successors and assigns of the Grantee, and may be assigned in whole or in part by Grantee. Grantee has received notice that Grantors granted to U.S. West an easement for an underground telephone line and the telephone easement and pipeline easement appear to cross each other. Timberline Energy, Inc. agrees to use due diligence in their operations so as not to unnecessarily disturb the telephone line. i WITNESS the execution hereof this day of /�G'�/'Y,',J''�l/l� , 1993. STATE OF COLORADO • SS. COUNTY OF GARFIELD Michael H. t D�ZGULL:1 it 5+ s -co `7-iP-- 1,A4 in r,<7 Davis SSS The foregoing instrument was acknopwledged before me by Michael H. Davis and Diane E. Davis, this „?= day of .A L^===tJ r 1993. Witness my hand and official seal. f(1 Notary P elic7 CLI/L2- Residing at: £SDo2 7 rnwcc-^-c-- My Commission expires: i S.2c2 /4797 !1 1 "IIII1111111111I1 1IIIII ��111 nnII�►�°'�I III IIIA I111I1111 ��1�111101304/l5/2l 021 loll 1P1B 11604350 05/30/2k,-.' 12:00P 81358 P 60A33;3 04/'!5/2002 04: SiP 813-,.. P229 F9 ALSDORF 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO LSDORF 1 of.2'R 15.00 D 0.00 GARFIELD COUNTY CO AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT -�a WHEREAS, James E. Nesbitt and Elaine K. Hinman, ("Owners"), 1417 County Road 326, Silt, Colorado 81652, who are the successors -in -interest to Michael H. Davis and Diane E. Davis and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in -interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement and to stipulate additional terms of the Easement for the benefit of both the Owners and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owners in hand paid, the receipt whereof is hereby acknowledged, the Owners and Calpine hereby agree to amend the Easement as follows: 1. The Owners and Calpine adknowledge the presence of two (2) pipelines within the original Easement as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). The pipeline will be located within the Easement of 25 feet. During temporary construction of the third pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area only. o Owner's hied, pipeline shall be buried at least four (4) feet deep throughout the length of the Easementproperty. 2. The Owner's and Calpine agree that no more than three (3) pipelines shall be allowed within said Easement. At no time in the future shall any additional pipelines be placed within the existing Easement. 3. Calpine will be solely responsible for mitigating subsidence on Owner's surface over the pipeline ROW by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 4. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's land with mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 5. Upon written notification by Owner's to Calpine by certified mail at the address above of any violations of the terms of the Easement, and this Amendment thereto, Calpine shall have ninety (90) days from said receipt to correct said violations or to pay Owner's Five Thousand Dollars ($5,000.00) as liquidated damages. Should weather or road conditions prevent Calpine from compliance for a period of time such conditions shall be addedafter said notice is tendered, tto said ninety e amount days day peri is prevented from compliance due The remedy set forth in this paragraph shall be deemed to be an alternative to the remedy set forth in the third full paragraph on the first page of said Right -of -Way and Easement Grant recorded in Book 898 at Page 569. Owners shall have sole discretion in determining which 1 LIPIII I111111I11111111111111111111t 11111111 II 11111 111111111111111111 "1lir 11111111111111111111111111111111 60133 2 of 604350 R 15.00 D 0.00 GRRFIELD COUNTY CO 00P 81358 P628 M ALSDORF 2 ®f 1 R 15.00 D 0 00 GRRFIELD COUNTY CO alternative remedy will apply. At the time Owner's give notice as required by this Paragraph 6, Owners hall designate which altemative remedy Owner's will enforce. 6. Should litigation be necessary for enforcement of this Agreement, the prevailing party shall, in the Court's discretion, be entitled to reasonable attorneys fees and costs. 7. All terms of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. .1 9111 VIII 1111111111111111111'° ilk 111 11111 1111 1111 11111111111111P" 11111111111111111111129 1111111 IIII 1111 601333 04/15/2002 04:11P Eli.- /6 P231 M RLSDORF 60a35f0 05/3 00 220120 GARFIELD POOP 111358 629TY RLSDORF co 3 of 3 R 15.00 D 0.09 GRRFIELD COUNTY CO ffta510 IN WITNESS WHEREOF, this Agreement is executed this 7 day of01. CALPINE NATURAL GAS COMPANY By: Gerald ullivan, Senior Landman STATE OF COLORADO COUNTY OF GARFIELD ) ss ELAINE K. HINMAN rid oregoing instrument was acknowledged before me this 7 day of August, 2001 by HITT and ELAINE K. HINMAN. d and seal this 7 ria day of August, 2001. MYCommission Excites -011512005 STATE OF COLORADO ) ss CITY and COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this '7 W day of August, 2001 by Gerald Sullivan, Senior Landman for CALPTNE NATURAL GAS COMPANY. l 4-L air di Notary Public nd and seal this 7 day of August, 2001. Expires: My Commission Expires 1111512005 Notary Public° 3 111111111111Ell 111111111111111haIII E.1111111111 690776 01/19/2006 12:28P 81765 P301 ti ALSDORF 1 of 3 R 16.00 D 80.00 GARFIELD COUNTY CO 0 V WARRANTY DEED THIS DEED, Made this /7"7 day of . , 2006, between JAMES E. NESBITT, of the County of Garfield and State of Colorado, Gran r, and RICHARD GEISKE, whose legal address is P.O. Box 278, Aspen, Colorado 81612, of the County of Pitkin, State of Colorado, Grantee: WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: THAT REAL PROPERTY DESCRIBED AS PARCEL 2 AND PARCEL 3 ON IMPROVEMENT SURVEY PLATS DATED JANUARY 6, 2006, ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TOGETHER WITH an easement for ingress and egress as described in Book 778 at Page 497 TOGETHER WITH but without any warranty of title, any and all water rights appurtenant thereto including but not limited to Lockhart Reservoir No. 2 as adjudicated in Water Division 5, Case No. 96 CW287 and those water rights represented by 1,250 shares of the New Multa Trina Ditch Company. as known by street and number as: Unassigned. 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 whatsoever 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, successors and assigns forever. And the Grantor, for his heirs, successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs successors or assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee 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 subject to the 2006 general property taxes, patent reservations, prior mineral reservations and mineral rights, restrictions, easements and rights-of-way of record, and surface and damage agreement recorded in Book 1661 at Page 722. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss COUNTY OF GARFIELD 13 The foregoing instrument was acknowledged before me this 17 -Tit day ofd , 2006, by James E. Nesbitt. Witness my hand and official seal. My Commission Expires: .I1 i:V2L.,u!„L. My Commission Expires O4 -M-2,008 Notary : blic . .- 1-, A,z , �c `�lo� �R�6'at1Ac. Rb i 1 11111 1 II 11I1IIIIi1111 II1111IIIIII III III Ili! 1111 690776 01/19/2006 12:28P 81765 P302 M ALSDORF 2 of 3 R 16.00 D 80.00 GARFIELD COUNTY CO IMP. A7 SCRIM' PLAT 0' 500' 1000' 1500' f ."i 847259' E 125.24' S6 B?SSS PARCEL 2 38.92 ACRES DITCH 168.71 -- ONE STOAT PIAVE HOUSE N£1/4S£1/4 APP..;OX LOCATION CAS UNE O/RT RC40 LEGAL DESCRIPTION 41fift. W 877.06' 30 FT INGRESS AND EGRESS EASEMENT S rf e NE CORNER NW1/4SW1/4 SECTION 25 • MONUMENT POUND • RAC TO OE SET L.S. 13501 PARCEL 2 A parcel of lond situated in the E1/2 of Section 26, Township 6 South, Range 92 West of the 6th P.M. more particularly described as follows: Beginning at a point whence the NE Corner of the NW1/4SW1/4 of said Section 25 bears S 73'5334" E 2725.30 feet,' thence S 84'2259" E 125.24 feet; thence S 66'1957" E 821.51 feet; thence South 1741.28 feet; thence S 89.4128" W 877.07 feet; thence North 2088.05 feet to the P0/NT OF BEGINNING, said tract containing 38.92 acres more or less. CER77FIG4770N I hereby certify that this Improvement Survey Plat was prepared for Jim Nesbitt. I further certify that the improvements on the above described parcel on this dote, 1/06/2006, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there roochments upon the described premises by improvements on any a. ' er�11s . except as indicated, and that there is no opporent evidence .,_ ment crossingor burdeningany cart of said parcel, By_�_�L Richard L. ITL LY SURT7EYBIG LLC sax Proless- onef Land Surveyor LS. 13,1;01 4773 2:4 Rd. Sit Colorado (970) 876-2947 DA TE. - SVRPRY mar PAROL 2 NESBI7T' PROPERTY SILT, COLORADO 1/06/061 PROD. 203062 1 IMPS NESBITT 2003. DWG r 1111111111111111111111111111111111111k i 11111 111411 690776 01/19/2006 12:28P 81765 P303 M ALSDORF 3 of 3 R 16.00 D 80.00 GARFIELD COUNTY CO za RO 7,n,.Mvr SURVEY .!4T 0' 500' 1000' 1500' 1 • AK.WLUIENT FOUND • R&C TV BE SET L.S.13501 v NEI/4SE1/4 DIRT ROAD 4 CO 06. PARCEL 3 7 T9 .69 92.78 ACRES ^' SN 7/4 W 1/4 STORAGE TANKS DIRT ROAD N 89'41'28" E 430.25' APPROX GAS L NE S 89'20'39' W PQ11 NE CORNER NW 1/4SW 1/4 SECTION 25 c 30 FT. INGRESS AND EGRESS EASEMENT 1321.86' t LEGAL DESCRIPTION PARCEL 3 A parcel of land situated in the E1/2 of Section 26, and the W1/2 of Section 25 Township 6 South, Range 92 West of the 6th P.M. more particularly described as follows: Beginning at the NE Corner of the NW1/4SW1/4 of said Section 25 thence S 00'28'13" E 1309.82 feet; thence S 89'20'39" W 1321.86 feet; thence S B9'41'28- W 430.25 feet; thence North 1741.28 feet; thence N 5748'06" E 1030.69 feet; thence N 50'3339" E 110760 feet; thence S 0028'14" E 1666.93 feet to the POINT OF BEGINNING, said described tract containing 92.764 acres more or less. CERTIFICATION I hereby certify that this Improvement Survey Plot was l further certify that the improvements on The abov date, 1/06/2006, except utility connections, ar boundaries of the porn. rn , except as shown, th the described premise:, by improvements on indicated, and that there is no apparent ev .} crossing or burdening uny part Void p Richard '. BOMAN SUR.M7NG b �LS�M Professional Land Surveyor prepared for Jim Nesbitt. porcel on this the roachments upon except as se .nt L.S. 13601 4773 214 Rd. SP Colorado (970) 875-2947 SURVEY mar PARCEL 3 1VESBIIT PROPERTY 67LT, COLORADO I smog 1/06/061 PROD. 203062 1 IMPS NESBIIT 2003. DWG 111111111111111111111111111111111111111 III 11111 1111 1111 690773 01/19/2006 12:18P B1765 P290 M ALSDORF 1 of 2 R 11.00 D 37.60 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, Made this /76" day of rs-I/4' /'/;{/ 2006, between CEDAR HILLS KENNEL, LLC, a Colorado Limited Liability Company, of the (Aunty of Garfield and State of Colorado, Grantor, and RICHARD GEISKE, whose legal address is P.O. Box 278. Aspen, Colorado 81612, of the County of Pitkin, State of Colorado, Grantee: WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, Tying and being in the County of Garfield, State of Colorado described as follows: THAT REAL PROPERTY DESCRIBED AS PARCEL 1 ON IMPROV EM ENT SURVEY PLAT DATED JANUARY 6, 2006, ATTACHED HERETO ANI) INCORPORATED HEREIN BY THIS REFERENCE K) TOGETHER WITH an easement for ingress and egress as described in Book 778 at Page 497 % as known by street and number as: Unassigned. TOGETHER with all and singu lar the hereditaments and appurtenances thereto belonging, or in anywise �J appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and 43 all the estate, right, title, interest, claim and demand whatsoever 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, successors and assigns forever. And the Grantor, for its heirs, successors and assigns, ci does covenant, grant, bargain, and agree to and with the Grantee, his heirs successors or assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in lav, in fee 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 ocher grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except subject to the 2006 general property taxes, patent reservations, prior mineral reservations and m ineral rights, restrictions, easements and rights-of-way of record, and surface and damage agreement recorded in Book 1661 at Page 722. The Grantor shall and will WA RRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, his heirs, successors and ass'bns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF GARFIELD ) ) ss ) CEDAR HILLS KENNEL, LLC 13y: J,• mes E. Nesbitt, Manager L.r The foregoing instrument was acknowledged before me this 171-/-1 day of A 1,1 , 2006, by James E. Nesbitt as Manager of Cedar I tills Kennel. LLC. -� Witness my hand and official seal. My Commission Expires: . vr�iA''TL.iI�.7nt=C.L.: Sir i E OF t<'3! -Q 1100 MY Commission Expires 04-0E 2098 1 \ P\- a L- C Q ; \ (4, .":\ 1111111111111111111ill 1I111111111111111111 1111 1111111 690773 01/19/2006 12:16P B1765 P291 M ALSDORF 2 of 2 R 11.00 D 37.60 GARFIELD COUNTY CO POWERLINE N 66'45'00" E 203.46' 111PROV ': 7' SURVEY PLAT S 8528'25' £ 300.61' S 55'5152" E 210.36' -�� S 84'22'59' E 104.79' PARCEL r" 138.44 ACRES DITCH �S 76,$. 05, '311/..). 4* NE CORNER NW1/4SW1/4 SECTION 25 CEDAR HILLS KENN- DR/VEWAY 2 FT.MACCESS EASE 40 rT ACCE" EASEMENT S 69.4,E 28 W t5 03' UNDERGROUND TELEPHONE LEGAL DESCRIPTION GAS UNE APPROX LOCATION • MONUMENT FOUND • R&C TO BE SET L.S. 13501 30 FT INGRESS AND EGRESS EASEMENT 0' 500' 1000' 1500' PARCEL 1 A parcel of land situated in the E1/2 of Section 26, Township 6 South, Range 92 West of the 6th P.M. more particularly described as follows: Beginning at a point whence the NE Corner of the NW1/4SW1/4 of said Section 25 bears S 76'15'05" E 3483. 13 feet; thence N 66'4500" E 203.46 feet; thence S 85'28'25" E 300.61 feet; thence S 55'51'52" E 210.36 feet; thence S 84'22'59" E 104.79 feet; thence South 2088.05 feet; thence S 89'41'28" W 765.02 feet; thence North 2163.88 feet to the POINT OF BEGINNING, said described tract contoininq 38.44 acres more or less. CERTIFICATION I hereby certify that this Improvement Survey Plat was prepared for Jim Nesbitt. I further certify that the improvements on the above described parcel on this date, 1/06/2006, except utility connections, ore ent' '..'� the boundaries of the porcel, except as shown, that t' nn oochments upon the described premises by improvements on any m4e except as indicated, and that there is no apparent evid. .Ye =. ement crossing or burdening any part of said par t as, noted k. BY marsAlf J1.. iliarSILAr Profession&! Land Surveyor LS. 13501 L 4773 2l4 Rd. Sat Colorado (970) 476-2947 SURVEY PIAT PARCEL 1 NESRITT PROPERTY SILT, COLORADO DA 7E. 1/06/06f pROJ. 203062 I IMPS NESBITT 2003.DWG PIPELINE RIGHT-OF-WAY AND EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT Richard Geiske, a single man, whose address is 2094 CR 326, Silt, Colorado 81652 hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell, bargain and convey unto BILL BARRETT CORPORATION, whose address is 1099 18" St., Suite 2300, Denver, CO 80202, hereinafter referred to as Grantee, its successors and assigns, a right-of-way and easement thirty feet in width for the purpose of locating and surveying a pipeline route, and constructing, entrenching, maintaining, operating, protecting, repairing, replacing and changing the size of a pipeline and other appurtenances, including but not limited to, valves, metering equipment, and cathodic equipment (the pipeline and other appurtenances are hereinafter referred to as the "Facilities") for the transportation of oil, gas, petroleum products, water and any other substance, whether fluid or solid, and products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, subject to and limited by the existing oil and gas lease provisions and conditions covering said Land, to prevent the expansion of the rights granted beyond the original purposes intended, approximately along the line shown on Exhibit "A," attached hereto and made a part hereof, over, under, across and through the Land described below and located in Garfield County, Colorado, to wit: Township 6 South, Range 92 West, 6th PM Section 25: NW/4SW/4 This right-of-way and easement shall carry with it the right of ingress and egress to and from, and access on and along the right-of-way, with the right to use existing roads, for any and all purposes necessary and incident to the exercise by Grantee of the rights granted herein, and rights granted by any oil and gas lease covering the above described lands in which Grantee has an interest. During temporary periods Grantee may use such portion of the Land along and adjacent to the right-of-way as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the Facilities. TO HAVE AND TO HOLD the above described rights and easements, together with all rights necessary to operate and maintain the Facilities over the right-of-way hereby granted unto the Grantee, its successors and assigns, and the Grantee may assign the rights and easements herein granted, either in whole or in part, subject to the terms of this grant, and such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, assigns, legal representatives and successors in title. Grantee may at any time, and upon permanent abandonment of the right-of-way shall, execute and record a reconveyance and release hereof, whereupon this right-of-way and easement and all rights and privileges herein granted shall be fully canceled and terminated. Grantor reserves the right to the use and enjoyment of the Land except for the purposes herein granted, but such use shall not hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb Grantee's Facilities. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the right-of-way herein granted. Grantee agrees to bury the pipeline at a depth sufficient so as not to interfere with normal cultivation of the surface of the Land, except when rock is encountered the pipeline may be buried not less than one foot below the surface or upon the surface if necessary. Grantee shall pay to Grantor all damages to Grantor's growing crops, timber and personal property caused by the construction of the Facilities. Grantee agrees to reclaim and reseed the disturbed area in and along the right of way. Grantor represents and warrants that he is the owner in fee simple of the surface of the Land described above, subject only to outstanding mortgages, if any, now of record in the county, and in the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on the land and thereupon be subrogated to such lien and rights incident thereto. Grantee shall indemnify, defend, save and hold harmless Grantor from any and all claims, demands, causes of action, or liability for damages, loss or injuries which arise out of Grantee's operations on the Land. WITNESS THE EXECUTION HEREOF THE lb day of , 2008. Richard Geiske mjl ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD) On the / W ` day of 2008, personally appeared before me, the undersigned notary, Richard Geiske, a single man , known to me to be the identical person who signed the within and foregoing instrument, and duly acknowledged to me that they executed the same as their free and voluntary act and deed. My Commission Expires ) //?o/2o/ 1 My Lui. on expires Notary Public 483377 B-953 P-670 , 95 02: 44P PG 1 OF 3 i. DOC NOT 1iILDREiD ALSDORF GARFIELD COUNTY CLERK AND RECORDER 16.00 AMENDMENT TO RIGHT OF WAY AND EASEMENT GRANT 2 This is an. amendment to that certain Right of Way and Easement Grant dated November 12, 1993, between Duane G. Scott and Annie Scott, Grantor(s), and Timberline Energy, Inc., Grantee, recorded in Book 898, Page 573, of the Garfield County, Colorado records (hereinafter called "origi.na.l easement grant"). WHEREAS, the original easement grant provided for an easement through, over and across the following land: SE/4SW/4, S/2SE/4 of Section 25-T6S-R92W N/2NE/4 of Section 36-T6S-R92W As described in plat, recorded at Drawer 1A, Reception #463520 WHEREAS, Vessels Oil and Gas Company is the successor Grantee to said original easement grant by virtue of an Assignment and Bill of Sale dated effective as of June 1, 1994, recorded in Book 913, Page 245, of the Garfield County, Colorado records; WHEREAS, the Grantors and Grantee wish to amend the easement as originally, shown at Drawer IA, Reception #463520, to include a location for a 6" pipeline, as set forth on Exhibit "A" attached hereto and made a part hereof. Additionally, the following land is hereby incorporated into the original Right of Way and Easement Grant dated November 12, 1993; Lot 1 of Section 31-T6S-R91.W NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantors do hereby convey and grant an easement to Vessels Oil and Gas Company, its successors and assigns, twenty-five (25) feet in width to lay, maintain., operate, repair, inspect, protect, remove and replace pipelines, valves, valve boxes and other gas transmission and distribution facilities through and across the above described land and premises. All other terms and provisions of the original easement grant shall remain the same. �.4,� EXECUTED this l' day of July, 1995. Duane G. Scott SSN: 524-46-2419 • Lfvl.7� Nv1 ✓: ` �T Annie Scott STATE OF COLORADO ) )SS. COUNTY OF GARFIELD ) Tia.e foregoing instrum.ent was acknowledged before me by Duane G. Scott and Annie Scott, this D. _ day of July, 1995. Witness my.hand and official seal. M ',othmi.ssion expires: 5- L 4,--D- kite -4..(2).{4 C-) Notary Public: (SEAL) • Residing at: 0 )- 0.0 (✓i: 0/1.,1( / 4) /7" St zap � e -,,,.,v -r, 00 e64-5 yam;. fl 1111111111111111111111111111P11111171111111111111 601335 04/15/2002 04:161- d1346 M ALSDORP 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT WHEREAS, Mary VanOrdstrand, ("Owner"), 5118 County Road 311, Silt, Colorado 81652, who has granted and conveyed to Antara Resources/Vessels Gas Processing pipeline Easements and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in -interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement and to stipulate additional terns of the Easement for the benefit of both the Owner and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owner in hand paid, the receipt whereof is hereby acknowledged, the Owner and Calpine hereby agree to amend the Easement as follows: 1. The Owner and Calpine acknowledge the presence of the original Easement as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). Calpine desires to lay a twelve (12) inch pipeline parallel to the current pipeline which will be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which all pipelines shall be located. During temporary construction of the pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. Calpine desires to acquire and Owner agrees to grant an additional Easement across the Owner property, such Easement to be located on the ranch access road dividing the property of the Owner and that of Mr. Perry Dan Rodreick. Such access road having an approximate description as follows: an east — west line starting at County Road 311 and going in an easterly direction along the South Half of NE/4 of the SW/4; the South Half of the NW/4 of the SE/4 of Section 30, Township 6 South, Range 91 West with the distance to be approximately three thousand (3,000) feet in length. The pipeline will be located within an Easement of twenty-five (25) feet with an additional 12.5 feet to be allowed on each side of the Easement as an additional work area. Calpine will furnish to Owner at completion of the pipeline installation a copy of the as built drawings of the installed pipeline, culverts and the legal description of the Right -of -Way. 3. Owner will be responsible for the care and maintenance of the road once the road has been repaired and restored back to its original condition. 4. Calpine will replace all of the culverts currently installed under the access road and will re -gravel the road to Owner's satisfaction. 5. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. 6. Calpine will need to bore under County Road 311 on property owned by the Owner and where the road bore will come out on the access road owned by the Owner. All fence cuttings will be repaired back to the condition before the road boring. 6 cr-o n. 1 Iet ' / Z- ,dill VIII 111111111111111:III E" VIII 1111 1111 101335 04/15/2002 04:16P B1346 P236 M ALSDORF 2 of 3 R 15.00 D 0 00 GRRFIELD COUNTY CO 7. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 8. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's land with mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 9. All ten -ns of the Easement not addressed in this Amendment shall remain in effect. In the event any ternis of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 2 44111 11111 11111 11111 111 milt 1'"I 11111 1111111 41335 04/15/2002 04:11. B1346 , 7 M ALSDORF 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this Agreement is executed this 3 day of krIy 2001. CALPINE NATURAL GAS COMPANY _��� By: Gerald T. Sullivan, Senior Landman STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 3 day ofy, 2001 by Mary Vail() i and ,.r Algr«t hand and seal this 3 day of Jxiy, 2001. on Expires: STATE OF COLORADO *Neater 15, 2501 ) ss CITY and COUNTY OF DENVER QuqLAAfi The foregoing instrument was acknowledged before me this a' day of iuly, 2001 by Gerald T. Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. S- s my hand and seal this 3 1 day of Jkrly, 2001. A9q Comm:ssron Fates u1/4. sion Expires: M,t t 15' 2551 !iota tblig 3 1I A A. 11111111111111111111111111111111A11111111111111111 1t1111111111111111 801336 04/15/2002 04:17P B1 1 of 3 R 1'3.00 D 0.00 GARFIEL.D COUNTY CO RIGHT-OF-WAY AND EASEMENT GRANT • °, 0 U C' V , WHEREAS, Perry Dan Rodreick, ("Owner"), 5888 County Road 311, New Castle, Colorado 81647, who desires to grant and convey a pipeline Easement and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who desire to obtain a right-of-way and pipeline easement over property owned or used by the Owner and to stipulate terms of the Easement for the benefit of both the Owner and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owner in hand paid, the receipt whereof is hereby acknowledged, the Owner and Calpine hereby agree to amend the Easement as follows: 1. Calpine desires to acquire and Owner agrees to grant an Easement across the Owner's property, such Easement to be located on the ranch access road dividing the property of the Owner and that of Ms. Mary VanOrdstrand. Calpine desires to lay a twelve (12) inch pipeline that will be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which all pipelines shall be located. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. The access road description is as follows: an east — west line starting at County Road 311 and going in an easterly direction along the South Half of NE/4 of the SW/4; the South Half of the NW/4 of the SE/4 of Section 30, Township 6 South, Range 91 West with the distance to be approximately two thousand five hundred (2,500) feet in length. Calpine will furnish to Owner at completion of the pipeline installation a copy of the as built drawings of the installed pipeline, culverts and the legal description of the Right -of -Way. 3. During the time of construction Calpine agrees to allow the Owner to install a telephone line from the County Road 311 to the end of the Easement. Calpine will have no responsibility for the maintenance or care of the phone line. Any future work to dig up, replace or access the phone line by the Owner will require Owner to notify Calpine at least two weeks in advance. Calpine will have the right to oversee any activity where exposure by digging of the pipeline results. Should Calpine be required to do work in the Easement that requires digging up the pipeline and the telephone line becomes damaged or should the telephone line be damaged from any other reason, Calpine will not be responsible for the repair of the phone line, any lost time or damages resulting in not having a phone line, any lost revenues from lack of access to the phone line or other damages resulting from damage to the phone line. 4. Owner will be responsible for the care and maintenance of the road once the road has been repaired and restored back to its original condition. 5. Calpine will replace all of the culverts currently installed under the access road and will re -gravel the road. 6. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. 1 crys az Soh kv,eJ // 10 11111111111111011111111011111k411111 11111111 601338 04/15/2002 04:17P 81346 P239 11 RLSDORF 2 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO 7. Calpine will have the right of ingress and egress to and from said right-of-way to maintain, operate, repair, inspect, protect, remove and replace same. Owner agrees that he shall not build or construct any building er other structure over or across said easement without the written consent of Calpine. 8. Calpine will need to bore under County Road 311 on property owned by another third party. The Owner recognizes that the road bore will come out on the access road owned by the Owner. 9. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 10. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding or regraveling Owner's land with mutually agreeable native seed mixture or with gravel at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 11. All terms of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 2 1I1I111Il11111111II11I111I111111148 �I 111111111M II 3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO G� IN WITNESS WHEREOF, this Agreement is executed this 1 day of July 2001. P RRY D ' RODREICK CALPINE NATURAL GAS COMPANY By: Ger. d T. Sullivan, Senior Landman STATE OF COLORADO COUNTY OF GARFIELD ) ss )14 The foregoing instrument was acknowledged before me this q day of July, 2001 by Perry Dan Rodreick. hand and seal this 0 day of July, 2001. ion Expires: STATE OF COLORADO CITY and COUNTY OF DENVER Coarksion BOAS ) ss otary Publid ktaaltli The foregoing instrument was acknowledged before me this 31 S�" day of July, 2001 by Gerald for Landman for CALPINE NATURAL GAS COMPANY. and and seal this y�? ) day of July, 2001. Ay n Expires: Plooimbef LE 2017/ Not Public I� 1111111111111111111111111111P111117‘1111111111111 11111111111I1II11111111111I'""1117`i,''a1111111111111 601335 04/15/2002 04:16E d1346 M ALSDORF 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT WHEREAS, Mary VanOrdstrand, ("Owner"), 5118 County Road 311, Silt, Colorado 81652, who has granted and conveyed to Antara Resources/Vessels Gas Processing pipeline Easements and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in -interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement and to stipulate additional terms of the Easement for the benefit of both the Owner and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owner in hand paid, the receipt whereof is hereby acknowledged, the Owner and Calpine hereby agree to amend the Easement as follows: 1. The Owner and Calpine acknowledge the presence of the original Easement as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). Calpine desires to lay a twelve (12) inch pipeline parallel to the current pipeline which will be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which all pipelines shall be located. During temporary construction of the pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. Calpine desires to acquire and Owner agrees to grant an additional Easement across the Owner property, such Easement to be located on the ranch access road dividing the property of the Owner and that of Mr. Perry Dan Rodreick. Such access road having an approximate description as follows: an east — west line starting at County Road 311 and going in an easterly direction along the South Half of NE/4 of the SW/4; the South Half of the NW/4 of the SE/4 of Section 30, Township 6 South, Range 91 West with the distance to be approximately three thousand (3,000) feet in length. The pipeline will be located within an Easement of twenty-five (25) feet with an additional 12.5 feet to be allowed on each side of the Easement as an additional work area. Calpine will furnish to Owner at completion of the pipeline installation a copy of the as built drawings of the installed pipeline, culverts and the legal description of the Right -of -Way. 3. Owner will be responsible for the care and maintenance of the road once the road has been repaired and restored back to its original condition. 4. Calpine will replace all of the culverts currently installed under the access road and will re -gravel the road to Owner's satisfaction. 5. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. 6. Calpine will need to bore under County Road 311 on property owned by the Owner and where the road bore will come out on the access road owned by the Owner. All fence cuttings will be repaired back to the condition before the road boring. 1 Gn, cr-t.) n. ,1111111111111111111111111111111I'"�1111111111111111 b1333 04/15/2002 04:1L. 81346 . 7 M RLSDORF d of 3 R 15.00 D 0.00 GRRFIELD COUNTY CO Sk &�,�was P IN WITNESS WHEREOF, this Agreement is executed this 3 ' day of Ja31y 2001. CALPINE NATURAL GAS COMPANY By: 7—etc CO '( �a'IL ld T. Sullivan, Senior Landman STATE OF COLORADO COUNTY OF GARFIELD ) ss f The foregoing instrument was acknowledged before me this 3 I clay of Jay, 2001 by Mary Vazl.Q.ja.,; and. >r cusf hand and seal this 3 I day of Juiy, 2001. Coannission aloes on Expires: Piawater 15, MO/ STATE OF COLORADO ) ss CITY and COUNTY OF DENVER KvItt4-6 / Notary Public 7,1" Q u piA The foregoing instrument was acknowledged before me this 3) day of July, 2001 by Gerald T. Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. s my hand and seal this J I day of July, 2001. My y�EPres My di cion Expires: Ecrwa.GW 1 "a .- 3 ; llll!llll 11111 tll l 1111 lull 1111111 1111 601328 04/15/2002 04:02P 81346 1-.c16 M RLSDORF 1 of 2 R 10.00 D 9.00 GARFIELD COUNTY CO Cs.,1 o56 3 Al Oo')'o AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT WHEREAS, Roger L. Swanson, ("Owner"), 4676 County Road 311, New Castle, Colorado 81647, who has granted and conveyed to Antara Resources, Inc./Vessel Gas Processing pipeline Easements and Calpine Natural Gas Company; ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in -interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement dated September 23, 1994 and to stipulate additional terms of the Easement for the benefit of both the Owners and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owners in hand paid, the receipt whereof is hereby acknowledged, the Owners and Calpine hereby agree to amend the Easement as follows: 1. The Owners and Calpine acknowledge the presence one or more pipelines within the original Easement as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). Calpine desires to lay an additional twelve (12) inch pipeline parallel to the current six (6) inch pipeline, all pipelines to be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which the pipelines shall be located and described as Y, a strip of land located in the NW corner of the NW '/4 of the SW '/4 in Section 29, Township 6AFertl°" Range 91 West of 6th P.M and being approximately 320 feet more or less in length. During temporary construction of the twelve (12) inch pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. Calpine shall furnish to Owner a complete description and final survey and payment will be made based upon the measured distances. 2. The Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. 3. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 4. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's land with mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 5. Calpine agrees to repair any fences, gates, roads or cattle guards disturbed during the period of construction immediately and any large rocks will be removed during construction operations at Owner's request. LITZ. 1H111111111111111111111111111111111IL. III 11111 1111 1111 601328 04/15/2002 04:02P B1346 P217 M RLSDORF 2 of 2 R 10.00 0 0.00 GRRFIELO COUNTY CO 6. All ten -ns of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, this Agreement is executed this / 1 day of July 2001. .- ROGER L. SWANSON CALP ' NATURAL GAS COMPANY By: Gerald Sullivan, Senior Landman STATE OF COLORADO ) ss COUNTY OF GARFIELD foregoing instrument was acknowledged before me this 3.0' day of July, 2001 by WANSON. hand and seal this day of July, 2001. ssion Expires:Novester 14 =I STATE OF COLORADO ) ss CITY and COUNTY OF DENVER ) Notaryic The foregoing instrument was acknowledged before me this 3 I day of July, 2001 by Gerald Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. ny hand and seal this 3.1 day of July, 2001. on Expires: Abater 15. 20E4 o (. Notary Public 800K0919w= 197 RECORDED /.',2O J"CLJCK P.M. R:C w 4698Z0 OCT 19 1994MILDRED ALSDORF, GARFIELD COUNTY :LLCM SURFACE ACCESS AND PIPELINE RIGHT-OF-WAY AGREEMENT" ROGER L. SWANSON, as Grantor does hereby convey to Vessels Gas Processing, Inc., a Colorado Corporation, Grantee, its successor and assigns, in consideration of Ten and More dollars ($10.00 & more), receipt of which is hereby acknowledged, a right of way and easement 50 feet in width to lay, maintain, operate, repair, inspect, protect, remove and replace pipelines, valves, valve boxes and other gas transmission and distribution facilities (hereinafter collectively called "facilities") through and across the following described land and premises situated in the County of Garfield, State of Colorado, to wit: Township 6 South, Range 91 West of 6th P.M. Section 29: A strip of land located in the NW corner of the NW/4SW/4. (Surveyed description to be attached) Together with the right of ingress and egress to and from said right-of-way to maintain, operate, repair, inspect, protect, remove and replace same. Grantor agrees that he shall not build or construct any building over or across said easement without the written consent of Grantee. TO HAVE AND TO HOLD, this easement grant shall be binding upon and inure to the benefit of the successor and assigns of Grantor and the successors and assigns of Grantee, and may be assigned in whole or in part by Grantee. Dated this 2-3 day of. September , 1994. Roger L. Swanson STATE OF «)U 4/11.1 n tr- VV— COUNTY OF SQ. Li+ On this 3 day of September , 1994 before me personally appeared Roger L. Swanson known to me to be the person_ who is described in and who executed the within and foregoing instrument, and acknowledpq to me that he executed the same. My Commission expires. RETURN TO: ✓raneconfinanf OiC &mpcusy 621 17th STREET SUITE 1201 DENVER, CD 80293 .A .F .^:Cato.' advance acciT COUNTY fvh, commrsi:.r=;.pu es 10-1W. Notary Public 1111111111111111111111111111111111111"11111111111111 601329 04/15/2002 04:04P 81346 f_.8 M ALSDORF 1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO AMENDMENT TO RIGHT-OF-WAY AND EASEMENT GRANT WHEREAS, Frank G. Daley and Sheila M. Daley, ("Owners"), 4670 County Road 311, New Castle, Colorado 81647, who has granted and conveyed to Antara Resources, Inc./Vessel Gas Processing pipeline Easements and Calpine Natural Gas Company, ("Calpine"), a Delaware Corporation with offices at 1200 Broadway, Suite 770, Denver, CO 80202, who is the successor -in - interest to Antara Resources, Inc., who desire to clarify any ambiguity in the original Easement dated October 13, 1994 and to stipulate additional terms of the Easement for the benefit of both the Owners and Calpine. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to the Owners in hand paid, the receipt whereof is hereby acknowledged, the Owners and Calpine hereby agree to amend the Easement as foIIows: 1. The Owners and Calpine acknowledge the presence one or more pipelines within the original Easement as of the date of this Amendment to Right -of -Way and Easement Grant ("Amendment"). Calpine desires to lay an additional twelve (12) inch pipeline parallel to the current six (6) inch pipeline, all pipelines to be located within the Easement, which shall hereafter be described as twenty-five (25') foot strip within which the pipelines shall be located. During temporary construction of the third pipeline, an additional 12.5 feet shall be allowed on each side of the Easement as an additional work area. The twelve (12) inch pipeline shall be buried at least four (4) feet deep throughout the length of the Easement on Owner's property. 2. The .Owner's and Calpine agree that additional pipelines shall be allowed within said Easement. 3. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 4. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding Owner's =d` -with `mutually agreeable native seed mixture at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 5. Calpine agrees to repair any fences, gates or cattle guards disturbed during the period of construction immediately and any large rocks will be removed during construction operations at Owner's request. 6. All terms of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. aa, v -u -d . a -o 1 111111011111111111H111111111111/1"11111111111111 111111111111111111111111111111111I 1/1 "11111111111111 601329 04/15/2002 04:04P B1346 . 2 of 3 R 15.00 0 0 00 GARFIELD COUNTY CO 7. Calpine will have the right of ingress and egress to and from said right-of-way to maintain, operate, repair, inspect, protect, remove and replace same. Owner agrees that he shall not build or construct any building or other structure over or across said easement without the written consent of Calpine. 8. Calpine will need to bore under County Road 311 on property owned by another third party. The Owner recognizes that the road bore will come out on the access road owned by the Owner. 9. Calpine will be solely responsible for mitigating subsidence on Owner's surface by water packing during construction, if needed, and by promptly leveling and repacking when reasonably requested by Owner. 10. Calpine agrees to reclaim the premises any time the surface is disturbed by Calpine for any reason by returning to premises to as near their present condition as possible by reseeding or regraveling Owner's land with mutually agreeable native seed mixture or with gravel at an opportune time considering weather conditions. Calpine shall be required, at Owner's discretion, to undertake one additional reseeding if the first reseeding fails in whole or in part. 11. All terms of the Easement not addressed in this Amendment shall remain in effect. In the event any terms of this Amendment are inconsistent with the Easement, the terms of this Amendment shall supersede. This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 2 1 11111 111111 11111 1111 111111 1111 ' ' 11111 1111 ill 601329 04/15/2002 04:04P B1346 P. M ALSDORF 3 of 3 R 15.00 D 0 00 GARFIELD COUNTY CO This Amendment to Right -of -Way and Easement Grant shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. WITNESS WHEREOF - is Agreement is executed this 09,64day of July 2001. CALPINE NATURAL GAS COMPANY BY i erald T. Sullivan, Senior Landman STATE OF COLORADO COUNTY OF GARFIELD ) ss Sx14 7,.� SHEILA M. DALEY The foregoing instrument was acknowledged before me this -2o-aday of July, 2001 by . DALEY and SHEILA M. DALEY. hand and seal this. 2J day ofJuly, 2001. on Expires: ltairbir 15,21»1 STATE OF COLORADO ) ss CITY and COUNTY OF DENVER if, 4202 a o ary Public 4- The foregoing instrument was acknowledged before me this c» day of July, 2001 by Gerald T. Sullivan, Senior Landman for CALPINE NATURAL GAS COMPANY. y hand and seal this °/ day ofJuly, 2001. MyCwnE ns on Expires: Nowt 15, Eel 2 otary Publico ti SOO23'45 E - 2616.00' (.Meas. A- SECTION CORNERS LOCATED. / / /��r't / /ar,,,O o � 4j 0 /‘,v.''' 0 �0 4 - O� // C) r''') / �1 / / Section Line DUANE SCOTT CO H RICHARD GEISKE IFPROPERTY OWNER 1 RIGHT—OF—WAY LENGTHS w :, (ni O (0 FEET 868.55 O O ti iv -A 1,3 O D c.: 0 CD m CO N IV 4. 0) N X OQ ;a "--• 0 D rn / r r r r r r r r m L—_ LINE TABLE (n In Ci) U U cn W 1.1 U - N V' w uw �;u.� v w w rl rl rf V) N N N T 0 A lA (.., w ja4 rl rR CO in tT A A CZ m o r4 rt 43'5 '05"E S5928' 17"E I 574'23'467E CO rn > D cl L(�. C. ip IP YJ Aa .' CO cl CO fDA V+ c4 O1 N v(._N N a N 01 cotaUrn tO-.I-. 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D '. (n0�7� � • (n c �+ 0 P1 0 50 • O 0 0 X. W co 4,p\ M O O O PE• _ p O o A P1 rn O TI �Crt�rti= j'r'I ' 06_4(0770-1 O • m C -i m0m0�0m AVM -JO -11-1m 30IM ST V THE FOLLOWING DESCRIBED CENTERLINE. N011 SONV1 11005 3NVR 1 NO Carr! 0(n D ZODC D '>01 ( 2ico70i- p zoco�>o o• oma\ r U) -a Us O <n z m Cn D{OZ0_ G7 z D -<C Zm=� OWK+X)\P 0 Cb c0 FT: Z m O rel 70z=mm0 Z i:4 .C11 r��N UtOrnmrn y,G>mV)(.p�w 10 �r a Q 0=m -4o= in 0c0r (nOv:IFlm m --I -t=F•DO 0 m70� zrn <mtm0Z m <P1 z NP3 D Z m Z j Z\ PI -P rn ��ml- opj� 00-AK�n� z• Xl00' i0( 27.1 �z ) Z Z• p�p� C"* �7 Z (!) -1 rT1 Z nrrT-Z 0mr Fh-1C5 0 m (n N 0 1- 70 m V1 -1"- Z . Z°XP1 73,0 ZOOZn�= DOO N 3cmgm fW Z -4m A pi' Z DU)N 20 V) 0 to Ul Z (n CO m D ,p (,.1(j) c ?.-':_*()5 QO ( U) rn rr rn Z N 0 8 `L 1 A 30' WIDE RIGHT-OF-WAY 15' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. PIPELINE RIGHT—OF—WAY DESCRIPTION SGNV1 3>ISI3O GedVHOl i oun uo/j: ws fr/i G) c Z c> = OO O CT7 z tz-t i— O O Z —I � L7IN) Z t" Lai y ED O t*1 Ci) V aiij NOILV?iod2I0O