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Home My WebLink About20110879.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RIGHT-OF-ENTRY ON WELD COUNTY PROPERTY TO SURVEY FOR POSSIBILE LOCATION OF PIPELINE AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Right-of-Entry on Weld County Property to Survey for Possible Location of Pipeline between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631, commencing upon full execution, with further terms and conditions being as stated in said agreement, for the property described as follows, and Part of the SE1/4SW1/4 of the SW1/4SE1/4, Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Right-of-Entry on Weld County Property to Survey for Possible Location of Pipeline between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and DCP Midstream, LP, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. e.s, CA DAP a(� l 2011-0879 BC0042 AGREEMENT FOR RIGHT-OF-ENTRY ON WELD COUNTY PROPERTY TO SURVEY FOR POSSIBILE LOCATION OF PIPELINE - DCP MIDSTREAM, LP The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: E ll" �� 2' ll[ ti a /ice f _c, rbara Kirkmeyer Chair Weld County Clerk to the Be `,c,,1)),,g " ---, "vrry µ f S,ean P. Con ay. `` , Pro-Tem C- -- BY: � � � � . Deputy Clerk to the Board �2•-� - ' ( K ____, Willi F. arpia APP ED AS RM: `L bj, F David E. Lon?,--- . Attorney ' 0._:. ( <9y 4 //'/ Douglas/Rademacher Date of signature: 4 /24 2011-0879 BC0042 • 6% AGREEMENT FOR RIGHT-OF-ENTRY ON WELD COUNTY PROPERTY TO SURVEY FOR POSSIBLE LOCATION OF PIPELINE The COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as "Weld County," hereby grants to DCP Midstream, LP, whose address is 3026 4`h Avenue, Greeley, CO 80631, hereinafter referred to as "DCP," including its employees, agents and contractors, a right-of-entry to perform survey work upon property owned by Weld County and described as: Part of the SESW/4 and SWSE/4 Section 30, Township 5 North, Range 63 West, 6th P.M., identified as Parcel # 096530300009 in the Weld County Assessor's office("Property"), according to the following terms and conditions: 1. DCP is in need of performing certain survey work on Property to determine possible location for a pipeline. Weld County hereby grants to DCP an irrevocable and non- assignable right to enter in,on,over and across Property to perform said survey work. 2. While performing said survey work, DCP to take all necessary measures to minimize effects to the Property, including, but not limited to, ensuring that all survey equipment and markers are removed upon DCP exiting the Property, such that the Property is left in as near a status as possible to its original condition. 3. Weld County shall have the right to terminate this Agreement at any time if it determines, in its sole discretion,that the survey work performed by DCP is interfering with Weld County's use of the Property. 4. All tools, equipment, and other personal property taken upon or placed upon the land by DCP shall remain property of DCP and may be removed by DCP at any time within a reasonable period after the termination of this Agreement. 5. If any action of DCP employees or agents in the exercise of these right-of-entry results in damage to the Property, DCP shall be responsible for repair of such damage or an appropriate settlement with Weld County. 6. DCP shall furnish to Weld County a Certificate of Insurance for commercial general liability prior to its entry onto the Property. "Weld County, the Board of County Commissioners of Weld County, its officers and employees," shall be named as Additional Insureds on said Certificate. Work shall not commence until DCP has submitted to the County and received approval thereof of said Certificate of Insurance showing compliance with the following types and coverage of insurance. Comprehensive General Liability Insurance: to include products liability, completed operations, contractual, broad from property damage and personal injury. Said insurance shall include coverage for any and all personal injuries to third persons arising out of DCP's activities. 111111111111111111111111 IIII 11111111111 III 11111 IIII IIII 3760655 04/06/2011 10:59A Weld County, CO 1 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2011-0879 Each Occurrence $1,000,000 General Aggregate $1,000,000 Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each occurrence) Personal Injury Protection As required by Colorado statutes. Workman's Compensation Insurance: As required by Colorado statutes. 7. Mutual Understandings. a. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto and neither it, no the rights and obligations hereunder, may be charged, modified, or waived except by an instrument in writing that is signed by the parties hereto. b. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or to give to, any person other than the parties, any right, remedy, or claim under or by reason of this Agreement of any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this Agreement, by and on behalf of the Weld County and DCP, shall be for the sole and exclusive benefit of the Weld County and DCP. c. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. d. Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations herein described. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention 111111111111111111 111111III111111111111 I I 1111111111 1111 2 3760655 04/06/2011 10:59A Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto execute this Agreement on the day of March,2011. ATTEST: '$i ' 7C t WELD COUNTY: CLERK TO THE BO d ft\ C ai Deputy Cle to the o arbara Kirkme a Chair P tY �7 �Q Y V,� AI Board of County Commissioners ©11 'a j , of Weld County APR 0 4 2011 DCP:By: did-2X Tit e: „‹ ,C,a` 111111IIIII111111111111111111111111111III11111NIIIII 3760655 04/06/2011 10:59Av Weld County, Co 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 3 &4 //- et Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDN'YYV) 03/29/2011 `' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA INC. FAX PHONE 1000 MAIN STREET INC,No Fat)' (A/C,(A/C,No): SUITE 3000 EMAIL ADDRESS: HOUSTON,TX 77002 PRODUCER Attn:houston.certs@marsh.com',Fax:(212)948-0509 CUSTOMER iv e: 676269-01234-CAS-10-11 INSURER(S)AFFORDING COVERAGE NAIL It INSURED INSURER A:N/A N/A DCP MIDSTREAM,LP NIA 5718 WESTHEIMER,SUITE 1900 INSURER B:N/A _. HOUSTON,TX 77057 INSURER C:N/A N/A INSURER D:Zurich American Insurance Company 02563 INSURER E: ' INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-001789517-03 REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI ADDLSUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD. POLICY NUMBER (MMIDDIYYYY)'1 IMM/DD/YYYY) D i GENERAL LIABILITY OLO9264607-00 105/01/2010 05/01/2011 EACH OCCURRENCE $ 2,000,000 X (-DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ ' CLAIMS-MADE X OCCUR I MED EXP(Any one person) $ - PERSONAL SADV INJURY $ 2,000,000 • GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 4,000,000 X POLICY JFCOT LOC $ D AUTOMOBILE LIABILITY BAP9264608-00 05/01/2010 05/01/2011 COMBINED SINGLE LIMIT $ 1,000,000 -- (Ea accident) X ANY AUTO -- -- BODILY INJURY(Per person) .$ 'ALL OWNED AUTOS BODILY INJURY(Per accident).$ SCHEDULED AUTOS PROPERTY DAMAGE $ I HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB i 1 CLAIMS-MADE AGGREGATE $ _ DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION WC 9264606-00 05/01/2010 05/01/2011 X WC STATU- ITS. OTH- AND EMPLOYERS'LIABILITY TORY ANY PROPRIETOR/PARTNER/EXECUTIVE FR YNNI NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descnbe under . 1,000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace is required) Weld County,the Board of County Commissioners of Weld County,its officers and employees are named as additional insured on the General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County,Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 758 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Jennie Clements 0 .__.' Ceernanus I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Weld County, Colorado Page 1 of 3 Weld County, Colorado r 1 f; 0 85 0 Lei. ti c. n CM • 34 $Q, f E 0 on • = ._ — .r y i ! I' 4 L.-. - ,.. ?fit .^� w._�: .. �__ ' 30 1;' 05Nl M J I13. 1 i .x , J v _ r 4 "v , .,y _ I � CR Bt f, a . / rs { .. ., ..f.� . i 0 7O Oft http://maps2.merrick.com/MerrickIMS/ims?ServiceName=weldovr&Form=True&Encode... 2/16/2011 L 1--, N co V bo 4 a a 4 l•ro i d'10 9 M I Jtl{hCV N W O IL = O I a y m n p I inN C Nr T �1 m co f Q1 J 1I , J in I m + a 2 a 1 I m I N CO 03 I 4 a a) J IL Qq a I o 1 N�6 1 it CVc4 w M 4 N Q J ,n 1171 J Y IOC cr O 2 , ,„ c Z3 0 ..v. �� . Z , ca qW 1 e sW .0c. 4 -\ 4W0 Road ;' e43 Paweoun m S z; - , od vs 1 a g Toil o N IlCI i V N K i N Z �O I o m 4LL qd� I J Z 4 J H , Q 0 'O ' 3 Q. B 4 co cc- N co eo J 0 o 9 a 49 `N o 3Co �A. ry d +1, -c- ..: o y, 41.3 y 'o Exhibit "A" Attached to and by reference made a part of that certain Surface Use Agreement dated _Jr ;,_n e ',. , 2010, by and between Roy W. Rothe, as "Owner' and Noble Energy, Inc. , as "Noble" covering the following lands: Township 5 North. Range 63 West, 6th P.M. Section 30: SE/4 Weld County, Colorado N 41r I 1 4 r. 4 I‘•.IC 1-1 :. t: 11.1 t ' , :Lir Opp,.• . r ,y . • N_} _ J t4, • !!!liresis3T - - ..• aI .JI . Y (' 3 `.•ten _- ♦ .iny' Z y, . • 0.a 1 1 Jtiq.`,S Ipitirt E 1 ir•• .'X „& y 41.0 C111 Y~ as" "tl V ..r+✓ 4,a, ,qtr inot,0 a ...yam..? ... 1 71 ntl ` ti' j•F"y2i' ,R'Y+ r.!1MT. + s 1.i fdt, ! rsryr tr. , i st Wis fl j Rothe B3 li , 30'23` M. .._ .� r.� Ir. Y • • 2 7 i F, j jcc44 . k j • It 7 ! C. ...g,�yYy liatiVk . . '.C✓ ryX' a " .R �. - .. S Road Access Flo`ti'tine Tank Battery + S 3 �7/ � / S ; / AR24311712 AR2'1292114 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT is made and entered into this lea day of January, 1995,by and between the County of Weld, State of Colorado,by and through the Board of County Commissioners of the County of Weld,whose address is 915 Tenth Street,Greeley,Colorado 80631, hereinafter referred to as "County," and Gerrity Oil and Gas Corporation, a Delaware corporation, whose address is 4100 E. Mississippi, Suite 1200,Denver, Colorado 80222,hereinafter referred to as "Gerrity." 0 WITNESSETH: WHEREAS, County owns property located in the Southeast Quarter of the Southwest Quarter and in the Southwest Quarter of the Southeast Quarter in Section 30, Township 5 North, 0 Range 63 West of the 6th P.M., Weld County, Colorado,being more particularly described in the deeds which are attached hereto as Exhibits"A" and"B",-being recorded respectively at Book 539, Reception Number 1461340 and Book 539, Reception Number 1461342,(hereinafter collectively known as "Property"), and dWHEREAS, said Property contains 5.9299 acres of real estate, and oc �C.) WHEREAS, Gerrity wishes to place a tank battery, flow line, and access road upon said N,e Property to be used as a production facility for the Rothe BB 30-10 and 30-15 Wells located in the en x SW4/SE4 and in the SE4/SW4 of Section 30-5-63,as shown on the sketch which is attached hereto O as Exhibit "C" (hereinafter known as "Production Facility"), and cc OC WHEREAS, County owns minerals underlying said property and has leased said minerals en to Gerrity for oil and gas exploration and production thereof by separate agreements, and v s 8 7 b WHEREAS, Gerrity now desires to pay County the sum of $1,500 for the damages W.+ associated with the installation and maintenance of the tank battery, flow line, and production road 8 on said Property, and o"o N a° WHEREAS, County believes that it is in the best interest of citizens of Weld County to accept said proposal in accordance with the terms and conditions set forth herein. NOW,THEREFORE, in consideration of the payment of$1,500 from Gerrity to County,in hand paid,the receipt and sufficiency whereof are hereby acknowledged, and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: Page 1 of 4 2429214 B-1482 P-886 03/07/95 04:31P PG 1 OF 4 RE DCC Weld County CO Clerk & Recorder 0C.00 I. USE OF PROPERTY FOR PRODUCTION FACILITY: County agrees to the placement of the Production Facility, consisting of a tank battery, flow line, and production road, upon Property for the purpose of providing production support to the Rothe BB 30-10 and 30-15 Wells located in the SW4/SE4 and in the SE4/SW4 of Section 30, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado. The Production Facility shall remain in place until such time as said wells are shut in in accordance with the rules andregulations as promulgated by the Colorado Oil and Gas Conservation Commission (hereinafter referred to as the "Colorado OGCC"). r- 2. COMPLIANCE WITH STATE AND LOCAL RULES AND REGUi ATIONS: 0 aid �HU� 'QL Gerrity agrees and acknowledges that it will comply with all es and regulations pertaining to the installation and maintenance of said Production Facility, including those promulgated by Weld County,the State of Colorado Department of Health,and (., the Colorado OGCC. County acknowledges that consultation and notification _ requirements as required by the Colorado OGCC rules and regulations have been 0 complied with by Gerrity relative to the placement of said Production Facility upon in Property. N O 3. WEED CONTROL AND MAINTENANCE OF ACCESS ROAD: Gerrity agrees to control weeds on the Property during the time it uses and maintains oo athe property for said Production Facility. Weed control shall consist of either the use of pre-emergent weed killer or the reseeding of Property with a grass or other crop co which will have the effect of eliminating weeds. 4. INDEMNIFICATION AND HOLD HARMLESS: N_ Gerrity hereby agrees to indemnify and hold harmless County, its officers, and N employees from all claims, damages, or costs arising from Gerrity's negligent or unreasonable use of Property which is not due to any act or omission of County, its officers,or employees. 5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or Page 2 of 4 2429214 B-1482 P-886 03/07/95 04:31P PG 2 OF 4 benefits under this Agreement shall be an incidental beneficiary only. 6. SEVFRABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 7. MODIFICATION AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction,whether oral or written. No modification,amendment,novation, renewal,or other alteration of or to this Agreement and the attached exhibits shall be deemed valid or of any force or effect whatsoever,unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision, or clause of this agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto or waiver of, a breach by any other party,whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. AGREED AND ACCEPTED the day and year first written above. ATTEST: Lie/ COUNTY OF WELD, STATE OF COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS CLERK TO THE y BOARD OF OF THE COUNTY OF WELD BY: }1 1 u" ) BY. Clerk to the B d Dale K. Hall, Chairm 0//x3/95 2430712 B-1483 P-989 03/20/95 01:42P PG 3 OF 7 Page 3 of 4 2429214 8-1482 P-886 03/07/95 04:31P PG 3 OF 4 GERRITY TY OIL AND GAS CORPORATION BY: el�,� Roger.Love, Landman SUBSCRIBED AND SWORN to before me this day of `72142-4-c-,...... 19 q.5-: WITNESS my hand and official seal. Notary= My commission expires: ;t4Y C9ZI-InSS;DN EXPIRES JANUARY 10,, 199$ • 2430712 B-1483 P-989 03/20/95 01:42P PG 4 OF 7 Page 4 of 4 2429214 B-1482 P-886 03/07/95 04:31P PG 4 OF 4 A11 161965. •jL /I L , Reesara se >deer ilk •• S; roar r>39 wends. era - j 461342 Ara"svo ua nfe„ge, "'7'1CT QUIT CLAIM DEED I-- I a kits Etta. Made this 2L day o! -*arch as / e ' N the year of our Lord one thousand that hundred and six ty-f Sue• between Jacob Ehrlich and Hugh H. Arnold ' of the County of Weld ,and the State of Colorado,of the fist part.and Weld County, Colorado, a political subdivision of the State of Colorado, Slate of Colorado,of the of the County of Weld ,and the second part: WITNESSETH. That the said part leaf the (Ira'part,and foe and In consideratIon of .the stun of Dollars.other valuable considerations and Ten ($10.00) et the second pan,thl to the aid part tee of the first part In hand paid by the said put y re- ceipt whereof la hereby mortised and acknowledg�ed��.,ha ye remised, rel,rsige,AT,Ire,sell, eased. y ssoolld'd QUnvryed and CLAIM unto tT CLAIMED,d part and fy that pcored do whits/ES forever,all the right,tide,interest, amthe said demanda y the the second part•1 the lint v•a In and to the following described claim and which said Pact 1 esd earl ha real eaten situate,lying and being is the County of WELD and State of Colorado,tome A tract of :and located in the Southeast Quarter (SE}) of the South- west Quarter (SW}) and In the Southwest Quarter (S9}) of the South- east Qu (Sri) . all in Section 30, Township 5 North. Range 63 t-- West of the 6th Principal Meridian 1n Weld County,Colorado, being W sore particularly described as follows; Cossencinl at the southwest corner of said Section 30 and conafderini the South line of said Section 30 to bear North 90Thence East with u•1 all bearing,' contained herein relative thereto; �ry 00" East along the South line of 0s feet id to the 30. 1 Point 76. 1of ees; R Thence South V' %0'00" East. 30.00 GL tins; Thence North 62'44'00" East 372.84 feet; Thence e7North he 77'17' N 40" East. 06J.43 feet; Thence Sou 7C3S' O' point on the et: Itnl a Thence South 00'07'00" test. E 7h J of said Section 30; Thine* South 90'00'00" west. 963.44 lest to the C Trur Vint of Beginning. rn Cr O N el O To Have and To Hold the sus, togerher with all and singular the a{+pal Itrrumr and prim and all the estate, right, tide, In. tense lieges tndrealm belonging a Is anywise p OIN^d the fil. rst neither in w I to the only C0Ps u trope and calm alfeeeer,d the aid part gas pan. ° f% a raw,n. peeper tax,benefit and beaod of the said petty of lb!second part, 1 taiga 't hereunto wt/ hand a IN WITNESS N'IIERE0?F,Tae Bald parses of Ibr ll t •/ efton and seal a the day amt year Wu above written. / m v _... f... ........(Sal) ^' Signed In the Presence of B COI N ..................._....__.........._._. (Sal) r- n O a STATE ()F Cl)I.ORAI)().ta. The foregoing instrument was acknowledged hetet< me N COUNTY err cane J this 5 ` day of .uaweh A t i f_ ,A. D. 1965 . �• L. Iel'.% byJacob Ehrlich and Hugh H. Arnold :' \•.. Wheat ray Hand and Off � Qt5,R�Y • 1 tit L7aC.: :�'��G}-«;..: My Comminbe Ettpires `. J r . ._ ''`O,r Nsfe /9161¢. 47 Of c0•,;• ill ea' EXHIBIT 11A" el �j .: c:eta: . :;� a.a N. 14(121.151 ...a.+ sea.w.a.edelw I / APR 161965 / 4. 6 ' aye„ r73c� Retarded_.._— ____�f_ ,a s �eled Y. . t R, ct ti H,.. - - _)461_341) A.sure 9'Jwls aaeerdn. t"rT UC1T i: risenrlM EE❑ ._ _-_. -_____.__._-jam 5 This Vera, >tade d,i, z_;.-...../ ,in of &.,sae-� t�. L des the year of our ord one thousand nine hundred sixty-fi e r betwes Fred W. Schauppner , all of the County of We Id ,and the Slue of Colorado,of the • first part,and Weld County, Colorado, a political subdivision of the . State of Colorado. re :. of the County of weld ,and the State of Colorado,of the o0 reread tart; W FrN ESS:Cll. That :he sail pan), of the first part,and for and in consideration of o tie sum of ') e- other valuate enlist derati one and Ten (510.00) Dollar, far to the said part y of the first part In 11.1.11n paid by the said pan y of the second part,the re. n a trip: whereof is hereby confessed and acknoc!cdged, has remised, rdeased. sold. conveyed and QUIT CLAIMED, and by these presents does n*,Jaase sell, convey and QUIT CLAIM unto the aid part y o! the second part,i is/Ito anrassigns forever,all the right.tide,interest. •t- V) claim and demand whit' tt., said party of the fiat pan has In and to the following described Et' Rreal estate situate, lying and being in the County of WELD and State of Colorado, to-miU A tract of land located in the Southeast Quarter (SW of the South- G. eau west Quarter (Silli) and in the Southwest Quarter (SW#) of the South_ �' d' cast Quarter (SE}) , all in Section 30, Township 5 North, Range 63 M .., Pert of the 6th principal Meridian in Weld County, Colorado, being 0 more particularly described as follows: In Os Commencing at the southwest corner of said Section 30 and considerink p the South line of said Section 30 to bear North 90'00'00" Seat and car with all other bearings described herein relative thereto; Thence • en North 90'00'00" East along the south line of said Section 30, 1 ,676.L1 0 feet: Tnence South 011'00'00" East, 30.00 feet; Thence South 90'00' 00" East, 963.44 feet to the True Point of Beginning; Thence North W00'07'00" west, 280.79 feet; Tnence South 78'38'30j' Sant. 106.98 On feet; Thence South 5.1'05' 10" East, 301.65 feet; Thence South 67'25' II '1 20" East. 215.59 feet; Thence South 90'00'00" West, 547.69 feet to Ili the True Point of Beginning. _ en i , CO el- Rerecorded to correct error in legs] description. Pa d 1 N To Have and To Hold the same, together with all and singular the appurtenances and priv- '••I i lieges Ihereunm belong1ng en In anywise thereunto appertaining, and all the estate, tight, title. in• p { urn: and tLaim a h tcoever, of the said part y of the first part.tithe in*Alyea g.i6yrio the only proper use. benefit and behoof of the said party of the second part,i is/lw an assigns forevet. I N IN WITNESS WHEREOF, The said party of the.;ip has hereunto set hishand � and seal the thy and year first above written. ,r?....;:. r y Signed i t Prarsaj�of ._!LLZ(....... �..'/..(G6ft V aT/ (//�' Ls,/ _..<.,....::: .. -*ten/ A.gL�'.......-(Seal) a, (Sean,: Y:.( , .. STATE OF COLORADO-t `� ` J• SS. The foregoing instrument was acknowl�slted beton.* ..- COUNTY OI wLLLa P this 7� day of Sara air,..[ .A.D. 1965 , i. by Fred S. Sohauppner • • Witness my Hand and Official Seal. m' a My Commission Expires /11•t1 41 .9jlr�.11g,�rtacio0.. ___.....__ • Notary Prrbflc. EXHIBIT "B" jn Q cI U i ip< Roma $410 ‘,..tfi { I } . • FLavurvl.S TN- 774.../k. 6A77b' 1 ,�--Renvt B9 3e'!r wt// /\ TJrSS AOAG //�\\\\\ I Man& LANDS r �tf/GAT/aN CANAL . o �c. . • - it.„\\ . WCR 5? S ts7O sco 7O0 Fees IMO Id00 u0 EXHIBIT "C" 2430712 R-1483 P-989 03/20/95 01 :42P PG 7 OF 7 Esther Gesick From: Esther Gesick Sent: Wednesday, April 13, 2011 9:15 AM To: MAlessi@dcpmidstream.com Cc: Bruce Barker; Tonya Disney; Elizabeth Strong; Esther Gesick Subject: FW: DCP Gas Line Attachments: 20110879.pdf Mark, The once the attending Clerk has completed the minutes and Resolutions from the corresponding Board meeting, our office will forward a copy of the signed Resolution as well. Please let me know if you need anything further. Thanks! Esther E. Gesick Deputy Clerk to the Board/Office Manager 915 10th Street Greeley, CO 80631 tel: (970) 336-7215 X4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Bruce Barker Sent: Tuesday, April 12, 2011 4:12 PM To: Esther Gesick Subject: FW: DCP Gas Line Please send to Mark the signed agreement we did about a week ago regarding this property. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 915 10th Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain 1 °v//— v879 information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Alessi, Mark [mailto:MAlessi@dcpmidstream.com] Sent: Tuesday, April 12, 2011 3:51 PM To: Bruce Barker Subject: DCP Gas Line Mr. Barker, Last time we spoke, in a meeting in your office, we had talked about the tie-in for the new on the Weld County property. We now have found the need to put an 8'x 15' receiver inside the tank battery on Weld County property. It will be placed next to existing equipment (tank battery) of the producer. It will be within the tank battery site, but I told you we wouldn't need any above ground appurtenances and in fact we do. This doesn't change anything else we are trying to do, and we will give additional compensation for this receiver site. The receiver is a safety mechanism used to keep the line free and clear of liquids. I will send you a formal survey so you can see it as soon as I have it from our surveyor. I hope your having a great day. Thank you for your help. Please email or call with questions. Sincerely, Mark Alessi Agent for DCP Midstream, LP 3026 4th Ave Greeley, CO 80631 (970) 420-1661 Cell (970) 378-6374 Office (303) 572-3516 Fax Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, April 05, 2011 8:31 AM To: Alessi, Mark Subject: Re: WELD COUNTY. COLORADO Certificate Approved yesterday. Go ahead and get started. Original Message From: Alessi, Mark <MAlessi@dcpmidstream.com> To: Bruce Barker 2 Sent: Tue Apr 05 08:28:00 2011 Subject: RE: WELD COUNTY. COLORADO Certificate Mr. Barker, I wanted to see if you had a chance to speak with the Board regarding the DCP gas line. We would like a verbal to get the survey started. I assume it is on the minutes for the meeting tomorrow. Please let me know if there is anything else that you need from me. Thank you for your help. Have a great day. Thank you, Mark Alessi Agent for DCP Midstream, LP 3026 4th Ave Greeley, CO 80631 (970) 420-1661 Cell (970) 378-6374 Office (303) 572-3516 Fax Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, March 29, 2011 9:26 AM To: Alessi, Mark Subject: RE: WELD COUNTY. COLORADO Certificate Excellent. Were you able to find out when that property was acquired by Weld County? Also, did you have the appropriate person sign the document and send it to me? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 915 10th Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Original Message From: Alessi, Mark [mailto:MAlessi@dcpmidstream.com] Sent: Tuesday, March 29, 2011 9:24 AM To: Bruce Barker Subject: FW: WELD COUNTY. COLORADO Certificate Mr. Barker, Attached is the new certificate of insurance for the permission to survey. As noted, it includes "Weld County, the Board of County Commissioners of Weld County, its officers and employees" named as additional insured. Please let me know when we can survey. Sincerely, Mark Alessi Agent for DCP Midstream, LP 3026 4th Ave Greeley, CO 80631 (970) 420-1661 Cell (970) 378-6374 Office (303) 572-3516 Fax 4 Hello