HomeMy WebLinkAbout20091752.tiffRESOLUTION
RE: APPROVE RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN -
SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY
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 a Receipt for a Temporary Construction
Easement and a Temporary Construction Easement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Suncor Energy (U.S.A.) Pipeline Company, 1715 Fleischli
Parkway, Cheyenne, Wyoming 82001, commencing upon full execution, with further terms and
conditions being as stated in said Receipt for a Temporary Construction Easement and said
Temporary Construction Easement, and
WHEREAS, a hearing before the Board was held on the 17th day of June, 2009, at which
time the Board deemed it advisable to continue said matter to June 22, 2009, to allow adequate
time for the County Attorney's Office to address the concerns the Board expressed regarding the
easement agreement, and
WHEREAS, a hearing before the Board was held on the 22nd day of June, 2009, at which
time the Board deemed it advisable to refer said matter back to staff, in order for the Department
of Public Works to secure a signed copy of the revised easement agreement, and
WHEREAS, staff resubmitted the documents and a hearing before the Board was held on
the 29th day of July, 2009, at which time the Board deemed it advisable to approve said Receipt
for a Temporary Construction Easement and a Temporary Construction Easement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Suncor Energy (U.S.A.) Pipeline
Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Receipt for Temporary Construction Easement and the Temporary
Construction Easement between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Public Works, and
Suncor Energy (U.S.A.) Pipeline Company be, and hereby are, approved.
e 0 Pt.-; CI mss)Airc,e
2009-1752
/EG0060
OW/ 7(07
RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of July, A.D., 2009.
ATTEST: Li
Weld
County Clerk to the B
BYK._ 4u
De d ty Cler
APPROVED AS
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTYCOLORADO
ouglas Ra.emache Pro-Tem
the Board EXCUSED
c
Date of signature: 3 �
SeaP. Conway
ra Kirkmeyer
David E. Long
2009-1752
EG0060
927
Recording requested
Return Original to:
Board of County Commissioners of Weld County
Clerk to the Board
915 Tenth Street
P.O. Box 758
Greeley, Colorado 80632
Return a copy of the recorded document to:
SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY
C/O DARREL VANHOOSER
7800 E. ORCHARD ROAD, SUITE 300
GREENWOOD VILLAGE, COLORADO 80111
TRACT #: 258.250
AFE#:12-00032
Temporary Construction Easement
-This Temporary Construction Easement (the "Temporary Construction Easement") is dated effective as of
'I 1 ✓ jut .% , 2009, by and between the Board of County Commissioners of Weld County,
Colorado, whose alidress is 1111 H Street, Greeley, Colorado ("Landowner") and Suncor Energy
(U.S.A.) Pipeline Company, a Colorado corporation, whose address is 1715 Fleischli Parkway, Cheyenne,
Wyoming 82001 ("Suncor"). Landowner is the fee simple owner of record of the real property in Weld
County, Colorado (the "State") as described or depicted on Exhibit A hereto (the "Property").
1. Temporary Construction Easement. In consideration of good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, Landowner hereby grants, sells, conveys and
assigns to Suncor a temporary easement (including ingress and egress for equipment, vehicles, and
persons) on, over, under, through and across the Property as described or depicted on Exhibit A attached
hereto and incorporated herein by this reference (the "Easement") as temporary workspace and additional
work space during surveying (including civil, environmental, cultural and geotechnical surveys), boring,
storing, excavating, trenching, laying, fencing, and constructing and all other related activities or similar
activities for one sixteen (16) inch crude oil pipeline and related equipment to be installed by Suncor on
property near the Property, including, but not limited to, the ability to remove vegetation, fences, and
improvements; provided, however, Suncor shall not install a pipeline on the Property pursuant to this
Temporary Construction Easement. Landowner's use of the Property shall not unreasonably hinder,
conflict, or interfere with Suncor's rights in the Easement herein granted.
2. Termination of Temporary Construction Easement. This Temporary Construction Easement
and the Easement shall terminate upon the earlier of (i) conclusion of Suncor's construction of a single
pipeline or (ii) determination by Suncor that the Easement is no longer useful to Suncor for the purposes
stated herein as determined by Suncor in its sole discretion. Upon such termination, Suncor may execute
and record a reconveyance and release of this "temporary Construction Easement. Notwithstanding
anything to the contrary herein, this Temporary Construction Easement and the Easement granted herein
shall automatically terminate on the seventh anniversary date of this Temporary Construction Easement
without further action on behalf of either Landowner or Suncor.
3. Binding Effect. The rights granted in this Temporary Construction Easement are appurtenant
to, and covenants running with, the land and shall extend to and be binding upon, and inure to the benefit
of. Landowner and Suncor and each of their respective heirs, executors, administrators, personal
representatives, successors (including, but not limited to, successors -in -interest), and assigns.
1
111111 VIII IIIIII IIII 111111 IIII 1111111 III 11111 IIII IIII
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4. Indemnify and Hold Harmless. Suncor agrees to indemnify and hold harmless the Landowner
and its agents from any and all claims, suits, expenses, damages or other liabilities, including reasonable
attorney's fees and court costs arising out of any damage or injury to persons, entities or property caused
or sustained by any person or persons as a result of any intentional or negligent act by Suncor for the
pipeline -related activities performed pursuant to this Temporary Construction Easement, or for the failure
of Suncor, its agents or assigns, to perform this Temporary Construction Easement according to its terms.
This indemnification and hold harmless obligation shall terminate one year following the termination of
this Temporary Construction Easement.
5. Limitations on Liability. No portion of this Temporary Construction Easement Agreement
shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Temporary Construction Easement Agreement be deemed to have
created a duty of care which did not exist with respect to any person who is not a party to this Temporary
Construction Easement Agreement.
6. Voluntariness. It is understood and agreed that this Temporary Construction
Easement is executed by Landowner voluntarily and is not based on any representations or
statements of any kind made by a party hereto, or any of their representatives, as to the merits,
legal liabilities, or value of any claim either of the undersigned may have.
7. Authority. Each person and entity initialing or executing this Temporary Construction
Easement on behalf of any other person or entity does hereby personally represent and warrant to the
other parties that he or she has the authority to execute this Temporary Construction Easement on behalf
of, and fully bind, such purported principal.
8. Miscellaneous. All notices required or permitted hereunder shall be given by certified mail,
postage prepaid, return receipt requested, or by overnight express delivery by a nationally recognized
overnight courier, directed to the addresses provided herein. Any party may specify a different address
for notices by delivery of written notice to the other party. If any provision of this Temporary
Construction Easement shall be held invalid or unenforceable, the remainder of this Temporary
Construction Easement and the application of such provision to persons or situations other than those to
which it shall have been held invalid or unenforceable, shall not be affected thereby, but shall continue to
be valid and enforceable to the fullest extent permitted by law. This Temporary Construction Easement
shall not be construed against either party in the event of an ambiguity or other form of dispute as to its
interpretation. This Temporary Construction Easement shall be governed by the laws of the State of
Colorado and constitutes the entire agreement between Landowner and Suncor relating to the subject
matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations,
representations, statements, and discussions between the parties, whether oral or written, except for the
Landowner's Receipt and Damage Release for the compensation granted hereunder. This Temporary
Construction Easement may be modified or amended only by a writing signed by each of the parties
hereto. Non-use during the seven year period of this Temporary Construction Easement Agreement shall
not constitute abandonment of the Easement and other rights granted herein, shall have no effect on their
validity, and shall not be grounds for termination of the Temporary Construction Easement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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111111 11111 111111 11II 111111 IIII 1111111 III 11111 1111 IIII
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IN WITNESS WHEREOF, the parties have executed this Temporary Construction Easement effective as
of the date set forth above:
Landowner:
JUL 2 9 2009
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
By:
Name: William
Title: Chair
STATE OF Colorado )
)
COUNTY OF Weld )
JUL 2 9 2009
The foregoing instrument was acknowledged before me by
, (title) Chair of the
of Weld County, Colorado, this 29th day of July , 20
Witness my hand and official seal.
Notary Public
My commission expires:
Suncor:
Garcia
Commissioners
My Commission Expires May 15, 2010
SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY, a Colorado corporation
STATE OF l .CAOC( C )
COUNTY OF At'c�QC Y10 ._ )
The foregoing instrument was ackno ledged before me by \CC Crke-O--Stirt
1�1(Pc�fs��Q �QS of Suncor Energy (U.S.A.)
Pipeline Company, a Colorado corporation, this 22 _ day of AIN , 2009.
Witness my hand and official seal. 1
Notary Public
My commission expires: 4/25/ 2C,I2.
z
111111111111111111IIIIhu11111111111111111111111111111
3641927 08/11/2009 12:55P Weld County, CO
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zir*,'NOTaRy:,*
Exhibit A
Area of Temporary Workspace/Additional Temporary Workspace
(See Attached.)
4546781_7
1111111 11111 1131 1111 I111111II11111111111 11111 Ft III!
4 6 of 3641927 8R 0.00 20 0.00 2Steve Morenoo Clerk& Recorder
DESCRIPTION:
THOSE PORTIONS OF THAT PARCEL OF LAND AS DESCRIBED IN MAT DOCUMENT RECORDED AT RECEPTION NO. 1622986, WELD
COUNTY RECORDS, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE BASIS OF BEARINGS IS THE SOUTH LINE OF ME SOUTHEAST QUARTER OF SAID SECTION 13, TOWNSHIP 2 NORTH, RANGE
67 WEST OF THE 6TH PRINCIPAL MERIDIAN WHICH BEARS NORTH 89'47'37" WEST AND IS MONUMENTED ON THE EAST END BY
THE SOUTHEAST CORNER OF SAID SECTION 13 BEING A 3 1/4 INCH ILLEGIBLE CAP, AND ON THE WEST END BY THE SOUTH
QUARTER -SECTION CORNER OF SAID SECTION 13 BEING A 2 1/2 INCH CAP STAMPED "BLM 1952", WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO.
TEMPORARY WORKSPACE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 13, FROM WHENCE THE SOUTH QUARTER -SECTION CORNER OF SAID SECTION 13 BEARS NORTH
89'47'37" WEST A DISTANCE OF 669.66 FEET;
THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 08'07'17" WEST A DISTANCE OF 11.54 FEET;
THENCE LEAVING SAID WEST LINE OF SAID PARCEL, SOUTH 89'39'57" EAST A DISTANCE OF 44.48 FEET TO A POINT ON THE
EAST LINE OF SAID PARCEL;
THENCE ALONG SAID EAST LINE OF SAID PARCEL SOUTH 08'07'17" EAST A DISTANCE OF 11.44 FEET TO THE SOUTHEAST
CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL AND SAID SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 13
NORTH 89'47'37" WEST A DISTANCE OF 44.47 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.012 ACRES (505.41 SQUARE FEET), MORE OR LESS.
[CONTINUED ON SHEET 2 OF 3]
111111111111111111111111111111111111111III 11111 1111Ills
3641927 08/11/2009 12:55P Weld County, CO
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NOTES
1. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF
A TIRE COMMITMENT, THE PARCEL(S) SHOWN HEREON
BONG SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF
WAY, VARIANCES AND OR AGREEMENTS OF RECORD.
2. ACCORDING TO COLORADO LAW, YOU MUST CIJAMENCE
ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER
SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION
SHOWN HEREON.
3. THE BEARINGS SHOWN HEREON ARE UTM, ZONE 13,
NAD 83. ALL DISTANCES SHOWN HEREON ARE GRID
DISTANCES.
SEE ATTACHED EXHIBIT WHICH BY THIS REFERENCE IS MADE
PART HEREOF.
APN# 131113000006
TOWNSHIP
DRAWN BY: EMVH
SHEET: 1 OF 3
SUNCORR)
ENERGY
EXHIBIT A
WELD COUNTY
SECTION 13
2 NORTH, RANGE 67 WEST, OF ME 6TH P.M.
DATE: 08/03/09
WELD COUNTY, COLORADO
DRAWING NUMBER
258.250
CH2MHILL34 VAN GCROCN LNOCCo CO 8022" '
8 z�'
TRIGON EPC 303-296-9645
ADDITIONAL TEMPORARY WORKSPACE:
BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL, FROM WHENCE THE SOUTH QUARTER -SECTION
SECTION 13 BEARS SOUTH 8913'39" WEST A DISTANCE OF 668.08 FEET;
THENCE ALONG SAID WEST UNE OF SAID PARCEL, NORTH 08'07'17" WEST A DISTANCE OF 50.52 FEET;
THENCE LEAVING SAID WEST LINE OF SAID PARCEL, SOUTH 89'40'04" EAST A DISTANCE OF 44.48 FEET TO
EAST LINE OF SAID PARCEL;
THENCE ALONG SAID EAST LINE OF SAID PARCEL, SOUTH 08'07'17" EAST A DISTANCE OF 50.53 FEET;
THENCE LEAVING SAID EAST LINE OF SAID PARCEL, NORTH 89'39'57" WEST A DISTANCE OF 44.48 FEET TO
BEGINNING.
CORNER OF SAID
A POINT ON THE
THE POINT OF
CONTAINING 0.051 ACRES (2,223.13 SQUARE FEET), MORE OR LESS.
I, MARK A HALL, A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF COLORADO HEREBY CERTIFY THAT, TO THE
BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF ON THE DATE OF MY SIGNATURE, THIS EXHIBIT ACCURATELY REPRESENTS
THE FACTS FOUND AT THE TIME OF A SURVEY MADE UNDER MY RESPONSIBLE CHARGE.
FOR AND BEHALF OF
CH2M HILL TRIGON, INC.
36073
=�. Ir:
se•,DB�3�pyQ��
'AL LAN .0s
IWWWW,1111111TTT O"
MARK A HALL
PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 36073
I1IMMI 11111 111111 1111 111111 1111 1111111 III IIII] 1111 1111
3641927 08/11/2009 12:55P Weld County, CO
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NOTES:
1. THIS EXHIBIT WAS PREPARED 'WITHOUT THE BENEFIT OF
A TITLE COMMITMENT, THE PARCEL(S) SHOWN HEREON
BONG SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF
WAY, VARIANCES AND OR AGREEMENTS OF RECORD.
2. ACCORDING TO COLORADO LAW, YOU MUST COMMENCE
ANY LEGAL ACTION BASED UPON ANY DEFECT IN 11415
SURVEY WTHIN THREE YEARS AFTER YOU FIRST DISCOVER
SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION
SHOWN HEREON.
3. THE BEARINGS SHOWN HEREON ARE UTM, ZONE 13,
NAD 83. ALL DISTANCES SHOWN HEREON ARE GRID
DISTANCES.
SEE ATTACHED EXHIBIT WNICH BY THIS REFERENCE IS MADE
PART HEREOF.
APN# 131113000006
SUNcORR
')
ENERGY
EXHIBIT A
WELD COUNTY
SECTION 13
TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH P.M.
DATE: 08/03/09
WELD COUNTY, COLORADO
DRAWN BY: EMVH
SHEET: 2 OF 3
CH2MHILL xve¢Wom, ST"eSit WS'
+ME. TRIGON EPC ]9J-296-9645
DRAWING NUMBER
258.250
TRACT NO. 258.250
OWNER
STATION TO STATION
FEET - RODS
WELD COUNTY
APN# 131113000006
PERMANENT EASEMENT
TEMPORARY WORK SPACE
ADDITIONAL TEMPORARY
WORK SPACE
ACRES
0.012 ACRES
0.051 ACRES
QUARTER -SECTION
CORNER
T2N R67W
SEC. 13
SEC. 24
FOUND 2 1/2" CAP
"FILM 1952"
I FGEND
MONUMENT FOUND
AS DESCRIBED
O PROPERTY CORNER
FOUND AS DESCRIBED
FOB. POINT OF BEGINNING
‘001111VIII„
9 36073cc
'o* 67/114L LAND l,o`
lllllllllllllllll
ADDITIONAL
TEMPORARY
WORKSPACE
SURVEY TIE
58913'39"W
668.08'
TEMPORARY
WORKSPACE
SURVEY TIE
N89'47'37"W
669.66'
P.O.B.
ADDITIONAL
TEMPORARY
WORKSPACE
WELD COUNTY
REC. #1622986
SEE DETAIL
EASEMENT
DETAIL
N.T.S.
50' ADDITIONAL
TEMPORARY
WORKSPACE
PROPERTY
P.O.B. CORNER
TEMPORARY FOUND REBAR
WTWORKSPACE LS CAP
"PLS 25937"
SEE ATTACHED CENTERLINE DESCRIPTION WHICH
BY THIS REFERENCE IS MADE PART HEREOF.
2 0 50
SCALE IN FEET
1 INCH = 500 FEET
(BASIS OF BEARINGS)
N89'47'37"W 2612.25'
20' TEMPORARY
WORKSPACE
60' PERMANENT
EASEMENT
PROPOSED
PIPELINE
CENTERLINE
SECTION CORNER
T2N
R67W R66W
SEC. 13 I SEC. 18
SEC. 24 I SEC. 19
FOUND 3 1/4" CAP
LLEGIBLE
LINE
BEARING
DISTANCE
L1
N 08'07'17" W
11.54'
L2
S 89'39'57" E
44.48'
L3
S 08'07'17" E
11.44'
L4
N 89'47'37" W
44.47'
L5
N 08'07'17" W
50.52'
L6
S 89'40'04" E
44.48'
L7
S 08'07'17" E
50.53'
APN# 131113000006
SUNCORR
1)
ENERGY
EXHIBIT A
WELD COUNTY
SECTION 13
TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH P.M.
DRAWN BY: EMVH
SHEET: 3 OF 3
DATE: 08/03/09
WELD COUNTY, COLORADO
*if CH2MHILL
34 VAN GORDON ST., SE. 200.
LVQ.%UDO. CO 80229
apr 7RIGON EPC 303-296-9645
DRAMNG NUMBER
258.250
1 111111 11111 111111 1111 111111 1111 1111111 III VIII IIII IIII
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Tract No: 258.250; APN No.:131113000006
113 000 00 6
RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT
Temporary Workspace / Additional Temporary Workspace
Weld County ("Landowner") whose address is 1111 H Street, Greeley, Colorado, hereby acknowledges and agrees
that on thiy P "'day of , 2009, Landowner received from Suncor Energy (U.S.A.) Pipeline Company
("Suncor") the sum of Five Hundred Thirteen Dollars and no Cents ($513.00) dollars as full compensation,
satisfaction, and consideration for all rights granted herein and all subsurface, surface, and property damage
associated with Suncor's 16 inch pipeline -related activities on Landowner's Property (as defined in the Temporary
Construction Easement attached hereto as Schedule 1).
Suncor is constructing a 16 inch crude oil pipeline on property near Landowner's Property. Suncor has requested
that Landowner grant Suncor the temporary right to utilize portions of Landowner's Property related to its pipeline
activities as more particularly described in the Temporary Construction Easement provided in Schedule 1 attached
hereto and incorporated herein by this reference (the "Temporary Construction Easement"). Suncor shall record the
Temporary Construction Easement in the real property records of Weld County, Colorado.
Landowner and Suncor acknowledge that the payment specified above represents an amount which the parties have
agreed upon to resolve this matter and to avoid the expense of litigating the issue of what is the fair market value of
the interests being conveyed to Suncor and to satisfy any claim for damages associated with the installation of
Suncor's 16 inch pipeline (including, but not limited to, compensation for the areas shown on Exhibit A to Schedule
1, crop damage and reseeding (including, but not limited to, seed mix, labor, and equipment)). Neither party
concedes that the payment specified above reflects the fair market value of the damages and other matters addressed
herein.
For one (1) year after completion of Suncor's pipeline activities related to the construction of the 16 -inch pipeline
referenced on the certified plat, Suncor shall be responsible for the reseeding referenced on the certified plat,
including all costs related to the seed mix, labor, and equipment that are customary to a reseeding process.
Within a reasonable time following conclusion of any initial construction or of any later maintenance, construction
or repair work of Suncor's 16 inch pipeline, Suncor shall restore Landowner's physical property damaged by
Suncor, to as near its pre-existing condition prior to such damage by Suncor as is reasonably practicable (except for
matters otherwise provided for herein, incl • ing, but not limited to, matters covered by Suncor's payment of
damages), excluding any pre-existing . jnt condition, including but not limited to, environmental conditions.
Landowner Signature:
Landowner Printed Name:
William F. Garcia, Chair
Suncor Agent/Representative Signature:
Suncor Agent/Representative Printed Name: J' ct GM L.- • Weil - I7 ✓ . utJ
}4 J -C1. °-I'J70„vi✓ it -b_1
C o
1 11111111111 1111111111 111111 11111111111 III 11111 11111111
3641927 08/11/2009 12:55P Weld County, CO
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