The URL can be used to link to this page

Browse Search

Home My WebLink About20071078.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF PIPELINE AND SURFACE FACILITIES AND AUTHORIZE CHAIR TO SIGN - KERR-MCGEE GATHERING, LLC 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 Agreementfor Relocation of Pipeline and Surface Facilities 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 Kerr- McGee Gathering, LLC, commencing April 9, 2007, with further terms and conditions being as stated in said agreement, and 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 Relocation of Pipeline and Surface Facilities 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 Kerr-McGee Gathering, LLC be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of April, A.D., 2007, nunc pro tunc April 9, 2007. BOARD OF COUNTY COMMISSIONERS WEI OUNTY, COLORADO P ATTEST: At" ' 1861 I :4 tatfr w=vid E. Long, Chair Weld County Clerk to the ,jarBY: ity ,; .4'Nilliany-H.)1,04, Pro-Tem De ty Cle to the Boar ��/T/Z Wil F. G rlcia APPROVED Ag TO • '6A Robert D. Masden C n y Attorney 10/07 o glas ademac r Date of signature: 2007-1078 EG0056 Ie '. Pto , ) C © �/ 3/oa �#4--toti ' MEMORANDUM IIIIDTO: Clerk to the Board DATE: April 11, 2007 C. COLORADO FROM: Wayne Howard, Chief Senior Engineer SUBJECT: Consent Agenda Item Agreement for Relocation of Pipeline and Surface facilities on WCR 9.5 with Kerr-McGee Gathering LLC. Three originals agreements are attached. Please send back two original agreements to Public works as soon as they are signed. The appropriate documentation is attached. M:\Fran ci e\AgendaChai rS ignature.doc • L /' (-(i--5‘" 2007-1078 i �»= KERB-McGEE 1999 BROADWAY,SUITE 3700•DENVER,COLORADO 80202 Daniel L. Collins Contract Landman Anadarko Petroleum Corporation Telephone:303-296-3600 Fax: 303-296-3601 1999 Broadway, Suite 3700 Denver, Colorado 80202 April 9, 20077 Wayne Howard, P.E. Chief Senior Engineer Weld County 1111 H Street Greeley, Colorado 80631 Dear Mr. Howard, Enclosed are three signed Kerr-McGee's Relocation Agreements for the Weld County Road 9.5 Relocation Project. The Relocation Agreement contains: the Pipeline and Surface Facilities Relocation Agreement; Exhibit A, which is the Partial Release of Right-of-Way to be executed once the facilities are relocated in their new right-of-way; Exhibit B, which is a copy of the Right-of-Way Grant that will be used in acquiring the easement(s) from the landowner for the relocated pipeline and appurtenant valve site; and Exhibit C, which contains the estimated expenses for the relocation of the pipeline, appurtenant valve site, and the tank battery and surface facilities. Also attached to each Pipeline and Surface Facilities Relocation Agreement is: Kerr- McGee's General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr-McGee Rocky Mountain Corporation Pipelines and Related Facilities. Please sign and return two Agreements and their respective Exhibits for recording and our records, keeping the third Agreement for your own records. If you have any questions regarding this material, please do not hesitate to contact me at: (720) 264- 6797, or at Daniel.Collinsanadarko.com. Sincerely, Daniel L. Collins 0 • • AGREEMENT FOR RELOCATION OF PIPELINE AND SURFACE FACILITIES THIS AGREEMENT ("Agreement") is entered into this 001.1 day of April, 2007, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10'" Street, Greeley, Colorado 80631 ("County") and Kerr-McGee Gathering LLC ("KMG"), a Colorado limited liability company, whose address is 1999 Broadway, Suite 3700, Denver, Colorado 80202. RECITALS A. KMG is the successor in interest to a Right-of-Way Grant ("Right-of-Way") across a portion of the E 1/2 of Section 26 Township 3 North, Range 68 West of the 6th P.M. in Weld County Colorado. The Right-of-Way was originally conveyed to Panhandle Eastern Pipe Line Company for natural gas pipeline purposes by instrument recorded at Book 893, January 17, 1980, reception # 1814557, of the records of the Weld County Clerk and Recorder. B. Douthit Longmont, LLC ("Douthit"), is the current owner of the E1/2 of Section 26 of Township 3 North, Range 68 West, 6th P.M., Weld County, Colorado (the "Property"). C. County plans to construct a portion of WCR 9.5 and requires a road right of way for such purposes having a width of 100 feet in width. Said construction of WCR 9.5 will encroach on the Right-of- Way and KMG's 16-59-4" pipeline, as well as the 1-26 Tank Battery, the appurtenant valve site, and subject easements within and upon Douthit property. D. In order to accommodate the construction of WCR 9.5, KMG agrees to release a portion of its existing Right-of-Way lying within and across the Property and to undertake the relocation of some of its above-ground production facilities and, in consideration therefore, County agrees to pay for the costs of such as well as provide KMG with a replacement pipeline right-of-way on Douthit property so that KMG's pipelines can be physically relocated and operated. NOW, THEREFORE, in consideration of the covenants contained herein and the mutual benefits to be derived, KMG and County agree as follows: 1. Partial Release. KMG shall execute and deliver a Partial Release of Right-of-Way (Exhibit"A") relinquishing and quitclaiming unto Douthit, the Right-of-Way, insofar, and only insofar, as it crosses or lies within the Property. Said Partial Release of Right-of-Way will be provided after delivery of the Replacement Right-of-Way, as provided below, and after the physical relocation of the pipeline(s) and the tie-in of the relocated pipeline(s). 2. Conveyance of Replacement Right-of-Way. County hereby agrees to provide and deliver to KMG an executed and recordable replacement right-of-way ("Replacement Right-of-Way") conveying unto KMG, its successors and assigns, a perpetual right-of-way and easement for pipeline and appurtenant valve site purposes on the form attached hereto as "Exhibit B". The Replacement Right-of-Way shall be for the purposes of, and convey rights to survey, construct, install, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at KMG's election, two pipelines, appurtenant valve site, and all appurtenances, above or below ground, reasonably necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons, and any other substances, whether fluid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing The width of the Replacement Right-of-Way shall be fifty feet (50'). 3. Relocation Expenses. KMG has prepared a good faith estimate of the costs and expenses to be incurred in the pipeline and facilities relocation project and a summary of those costs and expenses is set forth on Exhibit "C" hereto. Upon execution of this Agreement, County will pay KMG the total estimated cost of relocation, which is $114,235.00 for the 16-59-4" underground facilities and appurtenant valve site relocation, and $74,500.00 for the 1-26 Tank Battery facilities relocation. It is understood that these amounts are only an estimate and that County shall be obligated to pay or reimburse KMG for all actual cost and expenses related to the pipeline, tank battery facilities, and appurtenant valve site relocation. Upon conclusion of the relocation, the parties shall reconcile the costs incurred and payments made, with appropriate adjustments and reimbursements to County or supplemental payments to KMG being made within one-hundred twenty (120) days after the pipeline relocation is completed. 4. Amendments. This Agreement cannot be modified, except by a written agreement signed by both parties hereto. 5. Binding Effect. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Agreement shall be a covenant running with the Property and shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of County and KMG. 111111 11111 11111111111 IIIII III III III 11111 Ilil IIII 3554718 05/16/2008 12:03P Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY ROAD 9.5 RELOCATION i/ 92 • • IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO By: EoL Davi . Long,�J Chairma �� Ian, an 7 / 07 q t� ATTEST: 4 IE"d /a Weld County Clerk to the Board .4441J6j / 912-a-31,0-4IR6i r 7 t By: G�ai5' i y j i D�eP Duty fe..,/,--.:1 ATTEt,,iSr m 10 3uApRDuO�FR COUNTY KERB-h�t� -GilIM 2 MILLC a Colorado limited liability company By its manager Kerr-McGee Oil & Gas Ons ore LP AWthleaJ Den By: e or zo, Attorney-in-Fact STATE OF COLORADO ) )ss. o.a= • COUNTY OF WELD ) ,eOpN may! The foregoing instrument was ack owie ed g oi`e `, e this _ 18th day of April , 2007, by David E. Long , as ? h`.ire— , on behalf of WELD COUNTY ?,,p ..PUBLIG Witness my hand and official Seal. ':q '•••••••• My Commission Expires: My cnmmiss,on Expires May 15,2010 —�dotary Public (SEAL) STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) C�I4 The foregoing instrument was acknowledged before me this ` day of AP., V , 2007, by Joseph H. Lorenzo as Attorney-in-Fact for Kerr-McGee Oil & Gas Onshore LP, a Delaware Limited Partnership, in its capacity as Attorney-in-Fact of Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company. WITNES my Id and offi i I al. Notary Public r-,eONARO;q My commission expires: 2 -/3 2C i i �Z)y0TAti\:0<<Irri/ • tr :Z / (SEAL) • ° tt N.A•'../', ,n ip Itty��,C _ r My Commission Expires .2-/3 -2 c!I I IIIIII VIII IIIIII 11111 VIII III IIIIIIII III VIII IIII IIII 3554718 05/16/2008 12:03P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2 .Jci-J _ /4-/P Exhibit "A" (form) Attached to and made a part of that certain Agreement for Relocation of Pipeline and Surface Facilities Right-of-Way between the County of Weld and Kerr-McGee Gathering LLC, dated Y- q , 2007. PARTIAL RELEASE OF RIGHT-OF-WAY THIS PARTIAL RELEASE OF RIGHT-OF-WAY, dated as of , 2007 is made by Kerr-McGee Gathering LLC, a Colorado limited liability company with an address of 1999 Broadway, Suite 3700, Denver, Colorado 80202 ("KMG"). WHEREAS, by instrument dated January 11, 1980 and recorded at Book 893, Reception Number 1814557 of the real property records of Weld County, Colorado, Glen S. Douthit conveyed to Panhandle Eastern Pipe Line Company a Right-of-Way Grant (the"Right of Way") on, over, under, across and through the following described lands in Weld County, Colorado: TOWNSHIP 3 NORTH, RANGE 68 WEST, 6T" PM Section 26: Part of the E/2 WHEREAS, KMG is the current owner of record of the Right-of-Way; and, WHEREAS, the Right of Way is hereby being partially surrendered at the request of the present surface owner in order to accommodate the relocation of pipeline, tank battery facilities, and appurtenant valve site, upon the surface estate. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, KMG, does hereby release and quitclaim unto the current surface estate owners, their successors and assigns, all of KMG's right, title and interest in and to the Right-of-Way, but insofar and only insofar as it crosses or lies within the following lands: LTO BE DESCRIBED BEFORE EXECUTION.] it being expressly recognized and confirmed that this partial release shall have no effect on those portions of the Right of Way not specifically described above. KERR-MCGEE GATHERING LLC a Colorado limited liability company By its manager Kerr-McGee Oi & Gas Onsh re LP By: nzo, Attorney-in-Fact �// STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ?il' day of 4*, / , 2007, by Joseph H. Lorenzo as Attorney-in-Fact for Kerr-McGee Oil & Gas Onshore LP, a Delaware Limited Partnership, in its capacity as Attorney-in-Fact of Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company. WI14/il al. Notary Public My commission expires: 2 - /3 "2011 (SEAL) 11111 11111 111111 11111 11111 III 11111111 III 11111 IIII IIII 3554718 05/16/2008 12:03P Weld County, CO 3 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder . , 11111111111111111111111111111 III 1111111 III 11111 IIII 101 3471267 04/24/2007 04:51P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder 2j RIGHT-OF-WAY GRANT , ',�' / THIS RIGHT-OF-WAY GRANT ("Grant) is made this l/'J day of FuL.eery, 2007, from DOUTHIT LONGMONT, LLC, a Colorado limited liability company, whose address is 4886 Highway 66, Longmont, Colorado 80504 ("Grantor"), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1999 Broadway, Suite 3700, Denver, Colorado 80202 ("Grantee"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee, its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee's election, two pipelines, tank battery facilities, and the appurtenant valve site, below or above ground, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PM Section 26: Part of the E 1/2 The specific route and course of the right-of-way and easement conveyed hereby ("Right-of-Way Lands") is more particularly described on Exhibit"A" attached hereto and made a part hereof. The width of the Right-of-Way Lands shall be fifty feet (50'). Grantor represents and warrants to Grantee that Grantor is the sole owner in fee simple of the Right- of-Way Lands and has full right, power and authority to make this Grant. Grantee shall lay all pipes at a depth of not less than 48 inches. Grantee shall repair and/or restore any fence on or adjacent to the Right-of-Way Lands removed or severed by Grantee in the course of the operations provided for in this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences. Grantee agrees to level and restore any lands that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right-of-Way Lands for any and all purposes necessary and incidental to exercising Grantee's rights hereunder. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, landscaping, reservoir, engineering works or other structures or improvements over, under, on or across the Right-of-Way Lands without prior written consent of Grantee. Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from Grantee's activities and operations on the Right-of-Way Lands; and, Grantor shall pay for, reimburse, indemnify and hold Grantee harmless from any and all claims or damages resulting from Grantor's activities on the Right-of-Way Lands. Grantor shall have the right to use and enjoy the Right-of- Way Lands, subject to the terms hereof. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantor and Grantee. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written. Grantor: DOUTHIT LONGMONT, LLC a Colorado limited liability company By:1i�i �l . 407t--,— lyZ vG f - — Glen S. Douthit Title: Manager 11111111111 1111111111111 3554718 05/16/2008 12:03P Weld County, CO 4 of 8 R 0.00 0 0.00 Steve Moreno Clerk& Recorder .1111111 11111 11111 1111111 11111 III 1111111111 11111 IIII VIII 3471267 04/24/2007 04:51P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder Grantee: KERR-MCGEE GATHERING LLC a Colorado limited liability company By its Manager, Kerr-McGe Oil & Gas Onshore LP By: PONNM 171, Ja e An Byroad, Agent and Attorney-in-Fact eVia"PT' STATE OF COLORADO )ss. COUNTY OF WELD B66 A The foregoing instrument was acknowledged before me this day of 07, by Glen S. Douthit, as Manager for Douthit Longmont, LLC, a Colorado limited liabilit ompany, n ehalf of such company. WITNESS my hand'afA icial seal. y, r , } �1 f Notary 1ubljc \ t V/�I My comet swop exlkes,Se* 0t (SEAL) STATE OF TEXAS ) ss. COUNTY OF JA&k340ke_fi ) 2$ MJa ac The foregoing instrument was acknowledged before me this day of Jai:pay, 2007, by Jane Ann Byroad as Agent and Attorney-in-Fact for Kerr-McGee Oil & Gas Onshore LP, a Delaware Limited Partnership, in its capacity as Manager of Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company. WITNESS my hand and official seal. 612O Notary Pu My commission expires: 25 /08 Notary .r!✓��✓. crv✓✓✓i✓✓.v✓•4 eV PENNY L. GIBSON k i NOTARY PUBLIC.STATE OF TEXAS 1 DS Ja MY COMMISSION EXPIRES (SEAL) \ 1\FpF11E} AUG.25,2008 kt 1111111111111111111111111111 111 11111111 I I 111111 I I I! III! 3554718 05/16/2008 12:03P Weld County, CO 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN V11111111111111111IIIIIIII1111111III11111IIIItill 3471267 04/24/2007 04:51P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A PROJECT NUMBER: SRP-16 PERMANENT EASEMENT NUMBER: PE-4 DATE: December 04, 2006 LEGAL DESCRIPTION A permanent easement No. PE-4 of the Weld County, Colorado, Project No. SRP-16 containing 3.14 acres (136,580 square feet), more or less, in the E 1/2 of Section 26, Township 3 North, Range 68 West of the Sixth Principal Meridian, in the Town of Mead, Weld County, Colorado, said permanent easement being more particularly described as follows: COMMENCING at the C 1/4 corner of said Section 26; Thence N. 89°21'13" E., along the north line of the SE 1/4 of said Section 26, a distance of 50.00 feet to the POINT OF BEGINNING; 1. Thence N. 00°06'27" W., along a line being fifty (50) feet easterly distant, when measured at right angles, and parallel with the west line of the NE 1/4 of said Section 26, a distance of 750.29 feet to a point on the easterly boundary of that fifty (50) foot wide pipe line easement described at Reception No. 1814557 of the records of the Weld County Clerk and Recorder; 2. Thence S. 61°12'16" E., along said easterly boundary, a distance of 57.19 feet; 3. Thence S. 14°52'01" E., along said easterly boundary, a distance of 138.05 feet; 4. Thence S. 30°07'59" W., along said easterly boundary, a distance of 69.96 feet; 5. Thence S. 00°06'27" E., along a line being one hundred (100) feet easterly distant, when measured at right angles, and parallel with the west line of the NE 1/4 of said Section 26, a distance of 528.24 feet to the north line of the SE 1/4 of said Section 26; 6. Thence S. 00°06'01" E., along a line being one hundred (100) feet easterly distant, when measured at right angles, and parallel with the west line of the SE 1/4 of said Section 26, a distance of 1926.77 feet to a point on the northerly boundary of that fifty (50) foot wide pipe line easement described at Reception Numbers 1634266 and 1814557 of the records of the Weld County Clerk and Recorder; 7. Thence S. 88°59'32" W., along said northerly boundary, a distance of 50.01 feet; 8. Thence N. 00°06'01" W., along a line being fifty (50) feet easterly distant, when measured at right angles, and parallel with the west line of the SE 1/4 of said Section 26, a distance of 1927.09 feet to the POINT OF BEGINNING; The above described parcel contains a calculated area of 136,580 square feet or 3.14 acres, more or less, for the purpose of a permanent easement. 111111 IIIU DIEM Og III 11111111 III 11111 IIII fill 3554718 05/16/2008 12:03P Weld County, CO 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 1111111 11111 11111 1111111 11111 III 1111111 III 11111 1111 1111 3471267 04/24/2007 04:51P Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder BASIS OF BEARINGS: All bearings are based on the line between NW corner of Section 26, Township 3 North, Range 68 West of the Sixth Principal Meridian, being a 4" brass cap stamped LS 13446, and the N 1/4 corner of Section 26, Township 3 North, Range 68 West of the Sixth Principal Meridian, being a 2" aluminum cap stamped LS 23500, which bears N. 89°06'05" E. as determined from the Colorado High Accuracy Reference Network. ;QCv r Prepared for and on behalf of the aeJ ••� `p:•.• •er?,- Weld County, Colorado 1"4„,,."A Thomas D. Staab, P.L.S. 25965 ( r./z o7-ob�'a 165 South Union Blvd., Suite 156 `p 25 • 7. Lakewood, Colorado 80228 t A'AL Liet.�`-., rf,f.nillilii•i�' TIED 11111 11111111111 11111III 11111111III 1111111111111 3554718 05/16/2008 12:03P Weld County, CO 7 of 8 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Exhibit "C" Attached to and made a part of that certain Agreement for Relocation of Pipeline and Ste Facilities Right-of-Way between the County of Weld and Kerr-McGee Gathering LLC, dated 7 , 2007. Weld County Road 9.5 Pipeline and Appurtenant Valve Site Relocation Estimate of Expenses SIZE FOOTAGE LABOR MATERIAL Pipe/ Materials / Fittings 4" 2,500' $36,800 $23,625 Meter Station $ 0 $ 0 ROW $3,125 $ 6,500 Hydro-Test/Water Disposal $2,500 $ 0 Painting Measurement Station / Receiver Launcher $2,400 $0 Miscellaneous Engineering / Gravel, $14,230 $10,155 Primer, Tape, Anodes, Hot Tap Fittings, Line Markers, Test Stations TOTAL $59,055 $40,280 TOTAL (PIPELINE LABOR& MATERIALS) $99,335 ADMINISTRATIVE OVERHEAD $14,900 SUBTOTAL (PIPELINE RELOCATION) $114,235 Weld County Road 9.5 Tank Battery and Surface Facilities Relocation Estimate of Expenses SIZE FOOTAGE LABOR MATERIAL FITTINGS $ $12,000 CHAIN LINK FENCE $ $15,000 NEW TURNAROUND $ $6,000 RELOCATE ECD $ $6,000 PAINTING $ $6,000 MISC. $ $4,000 FLOWLINE RELOCATE* 500' $ $7,500 TOTAL $18,000 $56,500 TOTAL (SURFACE FACILITIES LABOR& MATERIALS) $74,500 SUBTOTAL (SURFACE FACILITIES RELOCATION) $74,500 TOTAL (PIPELINE & SURFACE FACILITIES RELOCATION) $188,735 *Cost to include removal of abandoned flowline. 111111111111111111111111111 III 11111111 III 111111111 IIII 3554718 05/16/2008 12:03P Weld County, CO 8 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder e • • 4'! KerrNtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities This list of design, construction and contractor requirements, including but not limited to the following, is for the design and installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing easements and amendments documents. This list of requirements is applicable for KMG facilities on easements and in road rights of ways only. Encroachments on fee property should be referred to the Land & ROW Department. Any reference to KMG in the below requirements is meant to include and apply to any Kerr McGee entity. Design • KMG shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction on KMG's ROW or near its facilities. This is to determine and resolve any location, grade or encroachment problems and allow for the protection of KMG's facilities and the general public. This prior notification is to be made before the actual work is to take place. • The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set of"as-built drawings" and submit to KMG, showing the facilities in the vicinity of KMG's ROW upon completion of the work. • Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions that affect facilities proposed to be placed on KMG's ROW must be approved by KMG in writing. • KMG shall approve the design of all permanent road crossings. • Any repair to surface facilities following future pipeline maintenance or repair work by KMG on it's "prior rights" ROW will be at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline maintenance or repair work by KMG on replacement ROW granted to relocate KMG facilities will also be done at the expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by KMG. • The depth of cover over the KMG pipelines shall not be increased or reduced nor surface modified for drainage without KMG's written approval. • Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG. • Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG. • Irrigation equipment i.e. backflow prevent devices, meters, valves, valve boxes, etc. shall not be located on KMG easement without written approval by KMG. • Foreign utility installations, lE, distribution gas, oil and gas gathering, water, electric,telephone, cable and sewer lines, etc., may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen inches (18") of vertical clearance is maintained between KMG pipeline(s) and the foreign utility. Any installation by a foreign utility with less than 18" of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than 12"whether written or not. Constant line elevations must be maintained across KMG's entire ROW width, gravity drain lines are the only exception and must be approved in writing. Foreign line crossings below the KMG pipeline must be evaluated by KMG to ensure that a significant length of the KMG line is not exposed and unsupported during construction. Foreign line crossings above the KMG pipeline with less than 18" of clearance must be evaluated by KMG to ensure that additional support is not necessary to prevent settling on top of the KMG natural gas pipeline. A KMG representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the KMG facility. All installations of foreign crossings done by boring and or jacking require the KMG facility to be exposed to verify clearances. • Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG.A minimum of 10.0 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is placed within the KMG easement or adjacent to the KMG easement.Any deviation from the 10.0' horizontal requirement must be approved in writing by KMG and an "as built survey"provided to KMG after installation. Page 1 of 4 Revision 3/01/2004 41,1 KerrNtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities • The foreign utility should be advised that KMG maintains cathodic protection on its pipelines and facilities. The foreign utility must coordinate their cathodic protection system with KMG's. At the request of KMG, foreign utilities shall install (or allow to be installed)cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMG. All costs associated with the correction of cathodic protection interference issues on KMG pipelines as a result of the foreign utility crossing shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service. The developer shall understand that KMG whether specifically required per federal law, or by company standard,will mark the routing of it's underground facilities with aboveground pipeline markers and test leads and maintain those markers and test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be installed on straight sections of pipeline to insure, in the sole opinion of KMG, the safety of the public, contractor, KMG personnel and KMG facilities. • On all foreign utility crossings and/or encroachments, metallic foreign lines shall be coated with a suitable pipe coating for a distance of at least 10 feet on either side of the crossing. • AC Electrical lines must be installed in conduit and properly insulated. • On all foreign pipelines, DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline across the KMG ROW. • No power poles, light standards, etc. shall be installed in the KMG easement without written approval by KMG. • KMG installs above ground appurtenances at various locations that are used in the operation of its facilities. Kerr McGee will install protective enclosures at the above ground appurtenances to protect them from outside damage. The design and placement of these above ground appurtenances and protective enclosures is done at KMG's sole discretion, and may exceed any regulatory requirements. Construction • If KMG will be relocating KMG facilities for any entity, grading in the new KMG ROW shall be +/-6 inches before KMG will mobilize to complete the relocation. Final cover after the completion of the project will not be less than 48" nor more than 72". All cover that exceeds 72" or less than 48"will be approved in writing by KMG. Cover during all construction activities will NEVER be less than 36" unless approved in writing and a KMG representative is on site during the time cover is reduced. The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final elevation of KMG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the relocated KMG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of the entity requesting relocation. • Contractors shall be advised of KMG's requirements and be contractually obligated to comply. • The continued integrity of KMG's pipelines and the safety of all individuals in the area of proposed work near KMG's facilities are of the utmost importance. Therefore, contractor must meet with KMG representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on-site representative will require discontinuation of any work that, in his or her opinion, endangers the operations or safety of personnel, pipelines or facilities. • The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the lines. A KMG representative must be present. • The use of probing rods for pipeline locating shall be performed by KMG representatives only, to prevent unnecessary damage to the pipeline coating. A KMG representative shall do all line locating. • Notification shall be given to KMG at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of KMG's work site representative. Any Contractor schedule changes shall be provided to KMG immediately. Page 2 of 4 Revision 3/01/2004 • k1J KerrNtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities • Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG. Haul roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing depth of cover over the pipeline must be verified. Cover will be added such that a total of 8' of fill exists over the pipeline and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment access. Steel plates may be used for load dissipation only if approved in writing by KMG. • Contractor shall comply with all precautionary measures required by KMG,at it's sole discretion to protect its pipelines. When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires. • Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMG's facility. At no time will cover be reduced to less than 36"without written approval by KMG and a KMG representative on site. • A KMG representative shall be on-site to monitor any construction activities within twenty-five(25)feet of a KMG pipeline or aboveground appurtenance. The contractor shall not work within this distance without a KMG representative being on site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities. • Ripping is only allowed when the position of the pipe is known and not within ten (10) feet of KMG facility. KMG personnel must be present. • Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on-site representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected material as approved by KMG's on-site representative and thoroughly compacted in 12" lifts to 95% of standard proctor dry density minimum or as approved by KMG.'s on-site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline. • No blasting shall be allowed within 1000 feet of KMG's facilities unless blasting notification is given to KMG Including complete Blasting Plan Data. A pre-blast meeting shall be conducted by the organization responsible for blasting. KMG shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as a result of their activities whether or not KMG representatives are present. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. A pre-blast meeting shall be conducted by the organization responsible for blasting. • Any contact with any KMG facility, pipeline, valve set, etc. shall be reported immediately to KMG. If repairs to the pipe are necessary, they will be made and inspected before the section is re-coated and the line is back-filled. • KMG personnel shall install all test leads on KMG facilities. Local Kerr-McGee Gathering LLC Representation: Manager of Construction & Facilities Engineering: Kevin R. Osif, P.E. Phone: 303 655-4307 Facilities Engineer: Joseph E. Sanchez, P.E. Phone: 303 655-4319 Foreman 1: James Phillips Phone: 303 655-4343 Foreman 1: Rick Noffsinger Phone: 303-655-4326 Page 3 of 4 Revision 3/01/2004 41 4i/ KerrfvtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities Emergency Contacts: On call supervisor Phone: 303-559-4001 Kerr McGee 24 hour emergency number Phone: 303-659-5922 One Call Emergency Phone: 800-922-1987 Page 4 of 4 Revision 3/01/2004 Kerr-McGee Oil and Gas Onshore LP A Subsidiary of Petroleum Corporation 1099 18"Street,Denver,Colorado 80202 April 9, 2008 APR 1 0 2008 Mr. Wayne Howard, P.E. Weld County Chief Sr. Engineer 1111 H Street Greeley, Colorado 80632 RE: Weld County Road 9.5 Relocation Township 3 North, Range 68 West, 6th P.M. Section 26: E Yz Weld County, Colorado Dear Mr. Howard: Enclosed is the Relocation Agreement and Exhibits for the Weld County Road 9.5 Relocation Project. I also added a copy of the ROW Grant between Kerr-McGee and Mr. Glen Douthit for your records, if you don't already have one. Sincerely, Kerr cG e717g LLC ft iel . C llins Landman Consultant Enclosures MEMORANDUM TO: Clerk to the Board 1 DATE: April 22, 2008 CFROM: Wayne Howard, P.E., County Engineer/CIP • COLORADO SUBJECT: Doc#2007-1078 /Anadarko Agreement Attached to this memo is the original signed agreement between Weld County and Ken-McGee (KM) also known as Anadarko dated April 9th, 2007. The agreement stipulated contract requirements to relocate KM's existing utility facilities from their current private easement location to a new easement location outside of the road ROW and abandon the private easement where these facilities were located. The original agreement's Exhibit B was a place holder form to officially release to Weld County the old private easement that now lies within the new road ROW. KM has submitted the final recorded Exhibit B which is attached to this memo. Although different in form from the place holder Exhibit B, the original intention and contract requirements are still valid with this final Exhibit B. I am recommending that the attached original documents be recorded. Attachments: Original KM/Weld County Contract Doc # 2207-1078 Final Exhibit B (Partial Release of Right-of-Way) ✓ a'cr 11111111111111111INIII IIIII 1111111111 111 III S 1111 195 3467195 04/06/2007 10:56A Weld County, CO 1 of q R 21.00 D 0.00 Steve Moreno Clerk&Recorder SPECIAL WARRANTY DEED - \ THIS DEED,dated-1CO.A l fl . antra , between DOUTWT LONGMONT LLC, A Colorado Limited Liability Company duly organized and existing under and by virtue of the laws of the State of Colorado, grantor, and the TOWN OF MEAD, whose legal address is 441 3RD Street, Mead Colorado 80542-0626 County of Weld and the State of Colorado,grantee: WITNESS,that the grantor, for and in consideration of the sum of S152,250.00(One Hundred Fifty Two Thousand Two Hundred Fifty and no/100th)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, its heirs and assigns forever,all the real property,together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado,described as follows: See Attached Exhibit"A"dated December 4,2006 for: Project Number SRP-16 Parcel Number 4 Project Code 91032 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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,its heirs and assigns forever.The grantor,for it self,its heirs,personal representatives,successors and assigns,do covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,its heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by, through or under the grantor. Reserving unto the grantor all coal,oil,gas and other hydrocarbons,and all clay and other valuable minerals in and under said premises;provided,however,and the grantor hereby covenant and agree that the grantee shall forever have the right to take and use,without payment of further compensation to the grantor, any and all sand,gravel,earth,rock,and other road building materials found in or upon said Parcel No.4 The grantor further covenant and agree that no exploration for, or development of any of the products hereby reserved will ever be conducted on or from the surface of the premises hereinabove described,and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. This reservation and the covenants and agreements hereunder,shall inure to and be binding upon the grantor and its heirs,personal and legal representatives, successors and assigns forever. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. ;tat c(fir Glery4 Douthit, Manager Douthit Longmont LLC A Colorado Limited Liability Company STATE OF COLORADO COUNTY OF WELD No.16.Rev.4-94. SPECIAL WARRANTY DEED Page 1 of 2 —r Ott ' \ 3' .Pct xto2vrig rYlar,.&.G,Sot-Lit GSC)to-72"73 1111111 1111111111 11111101111 I I I I Ell 11111111 3467195 04/06/2007 10:56A Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder r� The foregoing instrument was acknowledged before me this a day of 2007,by Glen Douthit,as Manager of Douthit Longmont LLC,A Colorado Limited Liabili Company. oniimplifts ......Ns Jr .Oyu Witness my hand and official seal. t�0T A R Y':. __ My commission expires:ifir'�> OF CO. N Notary Public Name and Address of Person Creating*twty Created Legal Description(§38-35-106.5,C.ILS.) No.I .Rev.4-94. SPECIAL WARRANTY DEED Page 2 of 2 I11111 BRIM' 1111111111111111111111III1111111111111 ')so- 702 77 3467195 04/06/2007 10:56A Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A PROJECT NUMBER: SRP-16 PARCEL NUMBER: 4 DATE: December 04, 2006 LEGAL DESCRIPTION A tract or parcel of land No. 4 of the Weld County, Colorado, Project No. SRP-16 containing 265,077 square feet (6.09 acres), more or less, in the E 1/2 of Section 26, Township 3 North, Range 68 West of the Sixth Principal Meridian, in the Town of Mead, Weld County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at the C 1/4 corner of said Section 26; 1. Thence N. 00°06'27"W., along the west line of the NE 1/4 of said Section 26, a distance of 2593.57 feet to the southerly right-of-way line of Colorado State Highway No. 66 (November 2006); 2. Thence N. 89°39'15" E., along said southerly right-of-way line, a distance of 130.00 feet; 3. Thence S. 38°27'34" W. a distance of 128.32 feet to a point on a line being fifty (50)feet easterly distant, when measured at right angles, and parallel with the west line of the NE 1/4 of said Section 26; 4. Thence S. 00°06'27" E., along said line, a distance of 2493.31 feet to the south line of the NE 1/4 of said Section 26; 5. Thence S. 00°06'01" E., along a line being fifty (50)feet easterly distant, when measured at right angles, and parallel with the west line of the SE 1/4 of said Section 26, a distance of 2628.07 feet to the northerly right-of-way line of Weld County Road No. 28; 6. Thence S. 89°16'34"W., along said northerly right-of-way line, a distance of 50.00 feet to the west line of the SE 1/4 of said Section 26; 7. Thence N. 00°06'01"W., along said west line, a distance of 2628.14 feet to the TRUE POINT OF BEGINNING; The above described parcel contains a calculated area of 265,077 square feet or 6.09 acres, more or less. BASIS OF BEARINGS: All bearings are based on the line between NW corner of Section 26, Township 3 North, Range 68 West of the Sixth Principal Meridian, being a 4" brass cap stamped LS 13446, and the N 1/4 corner of Section 26, Township 3 North, Range 68 West of the Sixth Principal Meridian, being a 2"aluminum cap stamped LS 23500, which bears N. 89°06'05" E. as determined from the Colorado High Accuracy Reference Network. _ L. . • 1111111111111111111111111111111I 11111111111111111111 3467195 04106/2007 10:56A Weld County, CO 4 at 4 R 21.00 D 0.00 Steve Moreno Clerk&Recorder ��,C4 PIES/�,� Prepared for and on behalf of o�ea�p.sT•Fq Weld County, Colorado �;�� ;0 Thomas D. Staab, P.L.S. 25965 12596.� ' 165 South Union Blvd., Suite 156 Lakewood, Colorado 80228 �� 111111 11111 111111111111 11111 111111111 111111111101 3536627 02/21/2008 02:15P Weld County, CO ' 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder 66 PARTIAL RELEASE OF RIGHT-OF-WAY THIS PARTIAL RELEASE OF RIGHT-OF-WAY, dated as of February/.i,12008 is made by Kerr- McGee Gathering LLC ("KMG"), a Colorado limited liability company with an address of 1099 18th Street, Denver, Colorado 80202. WHEREAS, by instrument dated January 11, 1980, and recorded January 17, 1980, at Book 893, Reception Number 1814557 of the real property records of Weld County, Colorado, Glen S. Douthit conveyed unto Panhandle Eastern Pipe Line Company ("PANHANDLE") a right-of-way and easement (the "Right of Way") on, over, under, across and through the following described lands in Weld County, Colorado: TOWNSHIP 3 NORTH, RANGE 68 WEST, 6TH PM Section 26: A strip of land in the E/2, Weld County, Colorado, being more particularly described in the attached Exhibit"A". WHEREAS, KMG is the successor in interest to PANHANDLE and is the current owner of record of the Right-of-Way; and, WHEREAS, the Right of Way is hereby being partially surrendered at the request of the present surface owner in order to accommodate the development of the surface estate. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, KMG, as successor to PANHANDLE, does hereby partially release and quitclaim unto the current surface estate owners, their successors and assigns, all of KMG's right, title and interest in and to that part of the original Right-of-Way described in the attached Exhibit"A". It being expressly recognized and confirmed that this release and quitclaim shall have no effect on those portions of the Right of Way not lying within or crossing the premises described in the attached Exhibit"A". KERR-MCGEE GATHERING LLC a Colorado limited liability company By its manager Kerr-McGee Oil & Gas Onshore LP By: ne Ann Byroad, Agent and Attorn -Fact 4,9 Pk- STATE OF TEXAS )ss. COUNTY OF P(jnfe,\u`YY)l t`1 it-- F The foregoing instrument was acknowledged before me this day of t lA,i\I, 2007, by Jane Ann Byroad as Agent and Attorney-in-Fact for Kerr-McGee Oil & Gas Onshore LP, a DelaNare Limited Partnership, in its capacity as Manager of Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company. WITNESS my hand and official seal. / ' LIre Oyu ti ce P" , M0NTEZ RENEE'('"MN S N Mary Public 'OTARY PUBLIC,STP' Jr'i,_..10 ' �l/ MY COMMISSIO: (F'.2r: Il G • JULY 30, My commission expires: 0-3o-.9,01 I (SEAL) Weld County Road 9.5 Relocation • 111111 11111111111 IIIIII 111111111 IIIIII III 11111 1111 111 3536627 02/21/2008 02:15P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"A" PARTIAL RELEASE OF RIGHT-OF-WAY DESCRIPTION: A portion of that 50 foot wide strip, the primarily north to south strip(N-S strip),granted by RIGHT-OF- WAY GRANT recorded January 17, 1980 at Book 893 Reception No. 1814557 of the Weld County records, within PARCEL NO. 4 described in SPECIAL WARRANTY DEED recorded April 6, 2007 at Reception No.3467195 being a part of the east one-half of Section 26,Township 3 North,Range 68 West of the SixthPrincipal Meridian,Town of Mead,County of Weld,State of Colorado,described as follows: A line monumented by a 4 inch brass cap at the center one-quarter corner of said Section 26 and a 2 inch aluminum cap stamped PLS 23500 at the north one-quarter corner of said Section 26 bears N 00°06'27"W ,a distance of 2668.41 feet,with all bearings contained herein relative thereto. BEGINNING at the center one-quarter corner of said Section 26,a 4 inch brass cap; Thence N 00°06'27"W,along the west line of the northeast one-quarter of said Section 26, a distance of 456.77 feet to the westerly line of said N-S strip; Thence N 30°07'59"E, along the westerly line of said N-S strip, a distance of 99.27 feet to the east line of said PARCEL NO.4; Thence S 00°06'27"E,along the east line of said PARCEL NO.4,a distance of 542.06 feet; Thence S 00°06'01"E, continuing along the east line of said PARCEL NO.4,a distance of 1927.17 feet to the north line of that 50 foot wide strip,the primarily east to west strip(E-W strip),granted by RIGHT-OF- WAY GRANT recorded January 17, 1980 at Book 893 Reception No. 1814557 of the Weld County records; Thence S 88°59'35"W,along said north line,a distance of 50.00 feet to the west line of the southeast one- quarter of said Section 26; Thence N 00°06'01"W,along said west line,a distance of 1927.49 feet to the POINT OF BEGINNING. The released right-of-way contains an area of 2.79 acres more or less. ••. .IS.T • •a, 37068 x °•aw— 0 • • .��, , Nvv.ni • •• •..... skTh "ell. LAS Prepared by: Paul A.Valdez PLS 37068 For and on behalf of Left Hand Corner,Inc. 352 Caribou Pass Circle Lafayette,CO 80026 t fur. el.cwwrb'was Came dark a Rsam.Yr mot Cr 94 Me 9/77 CO r 44 Right-of-Way Grant KNOW ALL MEN BY THESE PRESENTS, that __ t len S. Douthit 1 of the Post Office of Englewood , in the State of Colorado e hereinafter referred to as "Grantor" (whether one or more), in consideration of One Dollar ($1.00), to his , in hand paid, re.eipt of which is hereby acknowledged, and the fjrther consideration of $ 13'00 per linear rod, to be paid before the pipe line hereinafter specified is laid, eaOoftta • hereby want and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaw::re Corporation, having an office in Kansas City,Missouri, its sacresors and assi s, hereinafter referred to as "Grantee," a Right-t,Mayjq lay, cnnstract, maintain, lower, inspect, repair,replace, �, operate, and remove Irpipet'Seg e drips,pipe line markers, %elves, launchers, receivers, cathodic equipment, test leads, and all epp.rtenaaces conven- n lest far the maintenance and operation of said line and for the.transportation of oil, gas, or other substances therein, e- ender, on, over ad through the premiers hereafter described, and the Grantee is granted the right of iagesa and egress, o to, on, fr�purid over tilt following described premises for t ouroases aforementioned in the County of _ p t[Ntiam in the State of 101ad0 , to-wit: Etc legal description, refer to EXHIBIT "A" attached hereto mad by reformat node a part hereof. Should Creates discontinue the use of said pipe line fora period of twelve (12) con - aeeetive swaths or remove said pips lime, Grantee agrees to execute sad deliver to Grantor, his successors or assigns, a proper release of the Bret-of-ifq grated herein. TO HAVE AND TO HOLD said casemate, rights, and fight-of-way sato the said PANHANDLE EASTERN PIPE LLNE COMPANY, its successors and asaiews. Graatm to have the right to select Min the mate of the pip lime herein astherized to be laid seder, apon, over red through the above described premises. All pipe installed hereadar shell be buried a minimum of.t_inches. Greater shall not cometwet or place anything oser or so close to the pipe line or other facility of Grantee an will he likely to interfere with Grantee's surveillance of or access thereto by use of equipment or means customarily employed la the surveillance of or maintesnce of pipe lines nor intentionally cause the original cover over the pip lime to be rsdmcsd below whichever is the greater of a minimum cover of two(2)feet or below the minima corer required at ay time by any applicable pipe line safety code. All damage to wowing crops,drainage tile ad leaves of Greeter Gees- aimed by the construction or repair of at of the facilities herein authorised to he maintained ad operated by Grater shall he paid by Grantee after the Lteage is done. Payment of all moneys becoming doe hereesder may be paid to Glen S. Douthit c/o Grusin Ifsticasl let P. 0. Box 1091. Greeley. Colorado S0631 This Grant shall be binding upon the heirs,executors, administrators, successors, and assigns of the parties hereto,ad all rights herein wanted, or any of them separately, may be released or assigned in whole or in part. It is understood that this Grant cannot be changed in any way except is writing, signed by the Grantor and a duly authorized agent of the Grantee. is instrument prepared by G�R. Jenkins Th P. O. Box 1348, Kansas City, Missouri 64141. Psmhodle Eastern PiPipe �Line Company. also having a legal address of lore fF 1 [ I1fH nit, tors-bave hereunto set their hands and seals this f 1 t day of January , A.D., 19 AO_. Glen S. Douthit , • c o • i 2 � n. 00393 1814557 ACKNOWLEDGMENT FOR HUSBAND AND WIFE q d STATE OF ) ) as. COUNTY OF ) Tke foregoing isstroweat was acknowledged before K this . airy of 19_. by and kis wife. NOTARY T..LIC Hy C.s1.irsic,expires: AC><1NOO1.ESGMENT KM SINGLE PERSON STATE OF COUNTY OF f1�U 1 The fnsgaiag isslrm -t wen scb.wla ril heists ens Nis 11tH &y et awn' 19 80 by_IlpMIL,khjlriraumrstattannjtr Slot S. Swthit se,tei.l..i..c r e it ‘. •limalm 15. 1151 �ey,r.e A. Trim;lie A�IM.IRCIIigIT !OR U91M'61tA71DN STATE OF ) ) es. COUNTY OF The iwgeisg isan ueem wee ecbawlsdpd begs we this .day d 19 by .1 _ . a c.epr.tiss.a behalf of tie cwpwdisa. .�nMM NITS rraa y f O 6 . 9 o YI I ea. 1 1 . C • w g ea * t _ I Hi I II I I a s r -' __ • 8943 1814557 ACKNOWLEDGMENT FOR HUSBAND AND RIFE It oT STATE OF ) se. COUNTY OF ) The foregoing instrwiest was acknowledged before me this ,day of 19_. by rd , his wife. • • NOTARY PUBLIC My Comnissiaa expires: ACKNO1LEDGMENT FOR SINGLE PERSON STATE OF Colorado ) es. COUNTY OF kield 1 The foregoing instrument was acknowledged before me this 11th ,day of January 19 80 , by tire C;caritr. power of attorney for Glen S. Douthit i)U�`.C 1� i tent 1 IC My to ioat empireal November 15, 1982 rgatret A. Trlsble ACKNOILEDGMFNT FOR CORPORATION STATE OF ) 1 on. COUNTY OF 1 The foregoing instrument was acknowledged before me this ,day of 19 by , of _ , a corporation,as behalf of the corporation. _ .. NOTARY PORIC My Commission expires: a• e r d `o d s _u a a S EI s ry i 2 5 r e 3 i •- r '1' I 1 y z t # a V T a 4 Y u i b7. * ' " _ 'IIii • - - X893 1814557 ID" Is y3 EXHIBIT "A" That part of the East Half of Section 26, Township 3 North, Range 68 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the centerline of which is described as follows: Beginning at a point on the West line of said East Half, said point being South 00 Degrees 08 Minutes 00 Seconds West on an assumed bearing a distance of 1918.76 feet from the Northwest corner of said East Half; thence Seuth 60 Degrees 57 Minutes 49 Seconds East for a distance of 89.80 feet to a point; thence South 14 Degrees 37 Minutes 34 Seconds East for a distance of 117.00 feet to a point; thence South 30 Degrees 22 Minutes 26 Seconds West for a distance of 178.00 feet to a point; thence South 00 Degrees 03 Minutes 31 Seconds West for a distance of 2345.00 feet to a point; thence South 00 Degrees 44 Minutes 52 Seconds East for a distance of 60.00 feet to the end of line. Al A strip of land fifty (50) feet wide across part of the East Half (E%) of Section Twenty-six (26), Township Three (3) North, Range Sixty-eight (68) West of the Sixth (6th) Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at a point on the East line of said East Half, said point being North 00 Degrees 02 Minutes 05 Seconds East along said East line a distance of 693.87 feet from the Southeast Corner (SECor) of said Section 26; thence South 89 Degrees 15 Minutes 08 Seconds West a die- tance of 2,654.46 feet to a point on the West line of said East Half, said point being North 00 Degrees 08 Minutes 00 Seconds East along said West line a distance of 680.73 feet from the Southwest Corner (SECor) of said East Half; thence North 00 Degrees 08 Minutes 00 Seconds Past along said West line a distaz.:e of 50.00 feet to a point; thence North 89 Degrees 15 Minutes 08 Seconds East a distance of 2,654.38 feet to a point on the East line of said Section 26; thence South 00 Degrees 02 Minutes 05 Seconds West along said East line a distance of 50.00 feet to the point of beginning. U .- • Si rl e IOU H!+ •p gy a .r I a a 0% a II I' u a h owl n n 0q Yy Qp <p 8 O • O as h- b ese logStipsit - Kerr-McGee Oil and Gas Onshore LP A Subsidiary of 4nadarii2 vtmi«,m cc.y.reron 1099 18th Street,Denver,Colorado 80202 April 3, 2008 Mr. Wayne Howard, P.E. Chief Sr. Engineer 1111 H Street Greeley, Colorado 80632 RE: Weld County Road 9.5 Relocation Township 3 North, Range 68 West, 6th P.M. Section 26: E 't/2 Weld County, Colorado Dear Mr. Howard: Enclosed is the Partial Release of Right-of-Way for the easement involved with the Weld County Road 9.5 Relocation Project. Sincerely, Kerr-McGee Gathering LLC Daniel L. Collins Landman Consultant Enclosures • PUBLIC WORKS DEPARTMENT 1111H H STREET P.O. BOX 758 GREELEY, COLORADO 80632 C 1 WEBSITE: www.co.weld.co.us PHONE: (970)-304-6497 O FAX: (970)-304-6497 COLORADO LETTER OF TRANSMITTAL Date: 26-Apr-07 To: Dan Collins Kerr-McGee Gathering 1999 Broadway, Suite 3700 Denver, CO 80202 Subject: WCR 9.5, Mead Enclosed Please Find: 3 Executed Original Agreements—Warrant for Services Submitted to you: ❑ For your review and approval ❑ Approved as submitted ❑ For your use ❑ Approved, subject to notes ❑ As requested ❑ Returned for corrections ❑ For your signature/signatures ❑ For your information Remarks: Dan, please return to me one fully executed org. agreement with Exhibit B signed for recording purposes. Also, please forward to me invoices showing the total costs of your crews efforts as support for fees paid. Thanks again for moving this forward. I have not heard but guess that you rec'd canal company approval. Signed: Wfr Wayne Howard, P.E., Chief Sr. Engineer Hello