The URL can be used to link to this page

Browse Search

Home My WebLink About20073036 RESOLUTION RE: APPROVE PIPELINE RELOCATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ENCANA OIL AND GAS (USA), INC. 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 Pipeline Relocation Agreement 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 EnCana Oil and Gas (USA), Inc., commencing upon full execution, 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 Pipeline Relocation Agreement 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 EnCana Oil and Gas (USA), Inc., 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 26th day of September, A.D., 2007. ` C BOARD OF COUNTY COMMISSIONERS 3_0r ATTEST: ILI J a r., 1 • . .livid E. Long, Chair Weld County Clerk to the B 44.4.r �� 45 XCUSED BY: Ct vl CC; ter. William H. Pro-Tem r✓ De ty CI to the Board Willi m F. Garcia APP VEDA TO • Robert D. Masden County ttorney �o ✓_w��¢,� 10/516-1 Dougla s Rademacher Date of signature: 2007-3036 EG0056 C� PW t c)) is—o y.—07 a MEMORANDUM WI 1 TO: Clerk to the Board DATE: September 20, 2007 • FROM: Wayne Howard, Chief Senior Engineer, Public Works COLORADO SUBJECT: Agenda Item Please put this item on the Agenda: Pipeline Relocation Agreement with EnCana Oil & Gas for the WCR 13 project not to exceed $134,000. Enclosed are two original agreements. Please send one signed original agreement to Public Works. M:AFrancieAAgenda Item.doc O !T1 m �" n m o U 22 ?it LA) O 2007-3036 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: WCR 13 from WCR 8 to SH 52 DEPARTMENT: PUBLIC WORKS DATE: September 17, 2007 PERSON REQUESTING: Wayne Howard, Engineering Division Brief description of the problem/issue: EnCana Oil and Gas currently has an existing gas line located within a private gas easement along the new alignment of WCR 13. EnCana Oil and Gas is requiring relocation of the existing gas line into a new easement located outside of the proposed WCR 13 ROW. EnCana Oil and Gas maintains their policy states that major water lines are not to be located under roadside drainage ditches and therefore has requested that those portions of their gas line be relocated away from the ditch. What options exist for the Board? (Include consequences,impacts, costs, etc. of options) The Board could either accept or not accept the relocation agreement. The costs for relocation are estimated at $134,000.00, and the relocation must be completed in conjunction with the construction of the roadway this fall. Not accepting this agreement could result in the WCR 13 project not meeting completion deadlines. Recommendation to the Board: Since EnCana Oil and Gas had an existing private easement and we are constructing over their easement, I recommend approval for the relocation agreement. Approve Schedule Recommendation Work Session Other David E. Long 1'1 William H. Jerke � CAP SEP 2 0 2007 William F. Garcia v Robert D. Masden p`igz �� Douglas Rademacher Attachments pc: M:\—Active Projects\Strategic Corridor WCR 13,from WCR8 to SH 52+\Design\utilities\EnCana Gas\agreement\9-17-07 Work Session Request encana.doc 61i PIPELINE RELOCATION AGREEMENT of ferTHIS PIPELINE RELOCATION AGREEMENT("Agreement")is made and entered into effective)/ klay ast, 2007 (the "Effective Date") by and between BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO whose street address is 915 Tenth Street, P. O. Box 758, Greeley, Colorado 80632 ("Weld County") and ENCANA OIL & GAS (USA) INC., whose street address is 370 17th Street, Suite 1700,Denver, Colorado 80202("EnCana"). WHEREAS, Weld County owns that certain parcel of the real property situated in Weld County, Colorado, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, EnCana is the successor in interest to Vessels Gas Processing Ltd. with respect to that certain Right of Way Agreement recorded under Reception No. 1664639 on July 9, 1975 in Book 743, by Ruth Hicks Formerly known as Ruth Elizabeth Bixler and Virginia Bixler Johnson to Vessels Gas Processing Ltd. And Amoco Production Company,with the Clerk and Recorder of the County of Weld, State of Colorado;and WHEREAS, the pipelines and easements established under the Right of Way Agreements are located on and effect certain portions of the Property and certain portions of a parcel of property located adjacent to the Property which is owned by Weld County and WHEREAS, Weld County is desirous of relocating and abandoning in part the natural gas pipelines located in the easements described in the Right of Way Agreements and further diagrammed in Exhibit B attached hereto (the"General Site Map")so that such pipelines will not cross or affect portions of the Property; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration,receipt and sufficiency of which are hereby acknowledged, Weld County and EnCana agree as follows: 1. EnCana hereby agrees to relocate and remove those portions of its existing pipeline and easement which are currently located on the Property pursuant to the terms and conditions set forth in this Agreement. Those portions of the existing pipeline and easement on the Property under the Right of Way Agreements which are to be relocated (the"Existing Easement"), and the locations for the installation of the new pipeline and new locations on the Property (the"New Locations"), are generally depicted on the General Site Plan attached hereto as Exhibit B. Weld County shall be responsible for staking on the ground the boundaries and centerlines of the New Locations, it being the intent of the parties that the pipeline shall be relocated along the centerline so staked by Weld County. Survey staking will mark street and roadway crossings to allow for additional deepening and/or strengthening of the relocated pipeline. During the relocation of the pipeline Weld County shall have a representative available to inspect daily the relocation and will verify the vertical and horizontal accuracy of the relocated pipeline prior to filling in the trench. This verification will release EnCana for any future liability due to the pipeline being relocated inaccurately. EnCana agrees to allow Weld County to add fill, covering the relocated pipeline to a depth not to exceed three (3') feet. 2. Upon Weld County's completion of the survey and staking described in Paragraph 1, and obtaining any required Permits or Rights of Way covering any portion of the relocated route,and subject to potential delays caused by adverse weather conditions, EnCana will commence the relocation of the existing pipeline described in Paragraph 1 above, and diligently pursue the completion of the relocation of the pipeline as soon as practical. Weld County agrees to cooperate with EnCana in obtaining any and all necessary permits or other documents, including Rights of Way, required to accomplish the relocation of said pipelines. A copy of a survey indicating the easement crossing the easement owned by Weld County is attached as Exhibit D. 3. The cost for obtaining all necessary permits for the relocation and physically completing the relocation work on the Property is estimated to be$134,000.00, which amount is inclusive of all labor and materials, planning 111111 HI 111111 IIII IOU IIII 1111111 III III IIII Page 1 of 3 Pages 3509671 10/09/2007 12:53P Weld County, CO 1 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Reno 0(Cc7-3o3a and permitting costs, and an administration fee of fifteen percent (15%) of all labor and materials. The total estimated cost of installation incurred by EnCana shall be paid by Weld County to EnCana upon execution and delivery of this Agreement. Any additional costs are due upon completion of the relocation of said pipeline and within thirty (30) days after Weld County receives from EnCana an invoice for such costs. If the actual costs incurred by EnCana to complete the relocation work are less than the amount reflected in the Estimate and paid in advance hereunder by Weld County, EnCana shall reimburse such amount to Weld County promptly after the completion of the work and the final determination of such costs. 4. Upon completion of the relocation work by EnCana and receipt by EnCana of final payment from Weld County in accordance with the terms of Paragraph 3 above, (i) EnCana will prepare and record in the real estate records of Weld County County,Colorado,a written document pursuant to which EnCana terminates its right to use those portions of the Existing Easements on the Property under the Right of Way which are to be abandoned and(ii) Weld County shall execute and record in the real property records of Weld County Colorado, an Amendment to the Description of Pipeline Right of Way in the form of Exhibit C attached hereto (the"Amendment"). EnCana shall not, under any circumstances, be obligated to release the relocated portions of the Existing Easement until EnCana has determined that the new pipeline has been properly constructed and that gas is successfully flowing through the relocated pipeline. Under no conditions shall EnCana be prevented from flowing gas through the existing pipeline system located upon the Property due to the relocation of the pipeline until the relocated pipeline is completed and operational. 5. In connection with the relocation of the pipeline, EnCana agrees to install the same in a good and workmanlike manner, in compliance with all applicable laws and regulations. 6. ENCANA agrees that between the date of the execution of this Agreement and the date that the pipeline is relocated, Weld County and/or its successors and assigns will be allowed to grade within twenty five (25) feet of either side of the existing pipeline and the right of way and to cross the existing pipeline easements with utility lines such as water, sewer, electric and telephone at approximately right angles to the existing pipeline right of way and with roadways of a temporary nature. Weld County agrees in connection with any of the foregoing work and so as to minimize any potential problems in connection with such work, to notify EnCana of its intention to commence any such activities, and to coordinate any such work with EnCana operations personnel. In connection with any such work, Weld County and its successors and assigns shall be responsible for any loss, damage or liability resulting therefrom and agrees to indemnify,defend and hold harmless EnCana from the same. 7. Upon completion of the relocation of the pipeline, and subject to EnCana's reasonable satisfaction that the new pipeline is successfully flowing gas, EnCana shall disconnect and remove that portion of its pipeline to be abandoned which currently crosses the Property,and upon completion of the foregoing,notify Weld County of such completion. 8. EnCana agrees to indemnify Weld County and hold Weld County harmless from and against all claims, damages and liabilities resulting from the use or transportation of Hazardous Materials by EnCana upon the Property. 9. The parties agree that this Agreement and the benefits and burdens hereunder shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. 10. This Agreement and all of the covenants in it shall be covenants running with the land and shall be binding on all parties who succeed to any interest which Weld County has in the Property. Any subsequent sale of the Property shall be subject to the terms of this Agreement. 11. In the event that the operations by either EnCana or Weld County are not at any time being conducted in compliance with this Agreement, the defaulting party shall be notified in writing, delivered by certified mail or commercial overnight courier, of the facts relied upon as constituting a breach thereof, and that party, if in default, shall within thirty (30) days after receipt of such notice,commence the compliance with the obligations imposed by 1111111 11111 DIM IIII 111111 IIII 1111111 III 11111 IIII IIII 3509671 10/09/2007 12:53P Weld County, CO 2 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • virtue of this Agreement. In the event the defaulting party does not commence compliance with the obligations imposed by virtue of this Agreement within said thirty (30) day period, this Agreement may then be specifically enforced at the election of the non-defaulting party and the defaulting party shall pay any and all reasonable attorney's fees of the other party. 12. This Agreement sets forth the entire understanding between the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any parties unless in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. ENCANA OIL&GAS(USA)INC. BOARD OF COUNTY COMMISSIONERS {{�.� / ' / OF WELD COUNTY, STATE OF COLORADO By: )244k A C A. 'Vt-fr I� By �s q,dievna�.1►�,a— DICCouuglla(S Radem cStp 2 6 2007 Title: Thorn Sii, ,,;�,�; Title: Acting Chair Pro-Tern ,vi IQYfrzg CA'lc) ATTEST: LA/ lea`s WELD COUNTY CLERK TO p E .A ,r 1861 , By z/f.7 a-Q-1A Deputy Cler to the Board 111111 11111 111111 1111 Dill I I I 1111111 I ill 11111 I I I 11111 3509671 10/09/2007 12:53P Weld County, CO 3 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,;?De30-36 • Acknowledgements State of Colorado ) City and ) § County of Denver ) ,Wu'OO The foregoi g instrument was acknowledged before me this /3 day of August,2007,by .121.--'id "14.2/47& as Air ,of EnCana Oil&Gas(USA)Inc.,known to be the person i described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. WITNESS my hand and official seal. My CommissionErpinas Jan.8,2010 ri - i - My Commission Expires: ' /1/723.L. ho . <� State of Colorado ) WATHICIf6 r- City and ) § l LINDERH0LM:l' County of Denver ) dT.•. 9Fa V The foregoing instrument was acknowledged before me th f August,2007,by ,as of .,known to be the person described in and who executed the foregoing instrument,and who acknowledged to me that he executed the same. WITNESS my hand and official seal. My Commission Expires: Notary Public 111111111111 I11III 111' IIIIII 11 1111111 III 11111 II'I I1'I 3509671 10/09/2007 12:53P Weld County, CO 4 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT - A WELD COUNTY ADDITIONAL RIGHT-OF-WAY A STRIP OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. #3244691 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'09'18" WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2659.46 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89'37'31" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'37'31" EAST A DISTANCE OF 58.61 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 68.84 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1565.00 FEET; CENTRAL ANGLE IS 02'31'12" WHOSE CHORD BEARS SOUTH O3'28'54" WEST A DISTANCE OF 68.83 FEET; THENCE SOUTH 04'44'30" WEST A DISTANCE OF 219.69 FEET TO A POINT ON THE CURVE TO THE LEFT; THENCE 124.42 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1445.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS SOUTH 02'16'31" WEST A DISTANCE OF 124.38 FEET; THENCE SOUTH 00'11'29" EAST A DISTANCE OF 834.24 FEET; THENCE NORTH 76'13'54" WEST A DISTANCE OF 30.91' FEET; THENCE NORTH 00'11'29" WEST A DISTANCE OF 1239.19 FEET _ TO THE POINT OF BEGINNING. 1.33 mwm o SAID PARCEL CONTAINS 42,570 SQUARE FEET MORE OR LESS. mmEO e5 IVY e_ = 0 �UO N —9 O CD 2 1� —may —NO —-�O O —rO gl cn mom WELD COUNTY � a PUBLIC WORKS DEPARTMENT � WELD COUNTY ROAD 3 SHEET �01� UTILITY EASEMENT DRAWN: JHB �� O � OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: 7-2-O] 1 OF 2 -.-OD 1D COLORADO EXHIBIT • I unn ENCANA PIPE LINE RELOCATION AGREEMENT EXHIBIT-A WELD COUNTY RIGHT-OF-WAY _HiNORTHWEST CORNER 1 518—T1 E R67W ��y7''' 1IJ CENTER QUARTER CORNER 516—T1N—R67W POINT OF COMMENCEMENT POINT OF BEGINNING WEST QUARTER CORNER Ll 518—T1N—R67W ;� 2 U 1 200 100 0 200 en SCALE: 1"=200' M 9r HICKS&JOHNSON Q, DACONO FARM,LLP IS RECEPTION#3244691 NOTE: O in EXHIBITS A THROUGH D HAVE BEEN PREPARED FOR THE RELOCATION OF Q A NON—EXCLUSIVE GENERAL UTILITY EASEMENT WHICH ALLOWS THE USE w J OF TRANSMISSION OF GAS AND PETROLEUM PRODUCTS. �S P EXISTING 30' ROW 37,068 sq.ft.3 BK.48/PG.109 ADDITIONAL ROW 42,570 sq.ft.± LINE TABLE L1 589'37'31"E 30.00' L2 S89'37 31"E 58.61' L3 SO4'44'30"W 219.69' 03 L4 S00'11'29"E 834.24 iFiN ICI L5 N7693'54"W 30.91' - O L6 N76'13'54"W 30.91' c2L3 L7 N00'11'29"W 1232.03' L8 S00'11'29"E 1239.19' en YCJ A6 L5 = =0 — p O dh'DU[C4INLFSTd1t NIT L! 0 y R(CUT I04#5244692 MIrg p MI SOUTHWEST CORNER = O S18—T1 N—R67W CURVE LENGTH RADIUS DELTA CHD.BEARING CHD.DIST. C1 68.84' 1565.00' 2'31'12" 503'28'54"W 68.83' —d N C2 124.42' 1445.00' 4'56'00" S02'16'31 W 124.38' —�N —-r0 - 0 no (11-rti;•>\\ o F. -m0 -@o WELD COUNTY coc WIlDPUBLIC WORKS DEPARTMENT err WELD COUNTY ROAD 13 DRAWN: JHB SHEET -n UTILITY EASEMENT=10 O O O OWNER- HICKS & JOHNSON/�ACONO FARM LLG DATE: 7-2-07 -M 0 COLORADO EXHIBIT MAP SCALE: I""2oo' 2 OF 1 ENCANA PIPELINE RELOCATION AGREEMENT EXHIBIT B DIAGRAM OF EXISTING AND RELOCATED GAS LINES MATCHLINE STA. 113+00 TCHLINE STA. 121+00 1 I w , !, ., I__ _ I� I it 1 Ig ii / �� 11 .1 I p T I -, 1 I 1 , i 1 kn it =I I ItI 7 - 71I P S • I` .�22+I00 of I < 1 �II14+ I • a €a the 1 V. I. (I R! , 3 I,�= ,� 1 r . I I Ili-- Itq • I 11 , I _ • f11 >,� ` 1 III. EMS A 7.I"� `. — k118+00 I I III 1�, ,7+'100 9 R 11t [. I I i Ill i : - — I III ' ! Pi ' PT S'F 1 ( 11 1 S • + iI �j • 1 ,. 1II- Ch�� / , 'Th•••...._ i -' 16+W I + ' 144+b0 1. 31 I I 1 / .9 ! ;II - I i A - 'i I' I / ; E m 11 i w1 I• 150 FT UTILITY • l I a I ;117+ob c i EASEMENT -I II I m 11 I I 1 ti rtl I, •q t i j I ' a Z VI'l I, I YI- Agi `; I ,� J' .S.£ D Fps 1--- 1 D t 1 — n 11+o0 . 7,15 O .. ; : p 1 12 1 -i I £g I n e a D ° lZ E. I i z.I i 1 ' qq m I i e l 72,4 a° , 1 I .7 t I 1 I I 1, =---oft" Z • I I I S , 1 •1�, /� I II 1 111 m >z7, o „2 -� 1 , r I . I I m = �[D D PC A. 119 2� I 1 el O t ' .1 .2 i1 'n.0 mmmo o N - i I n I I f 1, mCi ` r !. I > \t s !. it m? o z I — I o m I I i my � : ' 14 o_ f i Al z -h J 1 i t11 '�1' I_TC 6 ': • I I 1'4 C $. I $ I 1 I' . 121+1111 I 1 11 1 r_ ; 1 z I , „ 2 —...o o . 1 it { II I O I i I 128+73.85 �1 ,I g =off I ' i - D rg it 11 -1 —O� it 1 .111III :1 I N I I . I ! . .:_ I' F r I \I TCHLINE ST'. 121+00 MATCHLINE STA. 129+00 p r,••••*- _m • o` -m o I.-- EXHIBIT "C" AGREEMENT TO AMEND LAND DESCRIPTION OF RIGHT-OF-WAY AGREEMENT State of Colorado ) § County of Weld Grantor: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO (Weld County) whose street address is 915 Tenth Street, whose mailing address is P. O. Box 758, Greeley,Colorado 80632 Grantee: ENCANA OIL&GAS(USA) INC. (EnCana) Whose street address is 370 17th Street, Suite 1700 Denver,Colorado 80202 Date Executed: July ,2007 On June 13, 1975, the original Grantors, Ruth flicks formerly known as Ruth Elizabeth Bixler and Virginia Bixler Johnson,executed and delivered to Vessels Gas Processing Ltd. And Amoco Production Company, a Right-of-Way ("Right-of-Way"),which is recorded at Book 743, Reception Number 1664639, with the Clerk and Recorder of the County of Weld, State of Colorado. The Right-of-Way covers the lands described as being in the SW'/ of Section 18,Township 1 North, Range 67 West of the 6th P.M.,Weld County,Colorado. The Right-of-Way and all rights under the said Right-of-Way previously owned by Vessels Gas Processing Ltd. are now owned by EnCana. It is the desire of Weld County and EnCana to amend the description of the lands. For adequate consideration, Weld County agrees with EnCana that the description of the Lands is hereby amended so that the lands(the"amended Lands")to be covered by the Right-of-Way shall be as follows: (insert full legal description) In all other respects, Weld County adopts, ratifies and confirms the terms of the Right-of-Way, as amended by this Agreement, and hereby grants, demises and lets all of the Amended Lands to EnCana, subject to the terms and provisions of the Right-of-Way. The parties agree that this Agreement and the benefits hereunder shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land and shall be binding on all parties who succeed to any interest which Weld County has in the described premises. Any subsequent sale of the described shall be subject to the terms of this agreement. Weld County agrees to provide notice to any and all 111111 11111 111111 1111 111111 IIII 1111111 III 11111 IIII IIII 3509671 10/09/2007 12:53P Weld County, CO 8 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder builders, homeowners or other buyers of the described premises, as successors in interest to Weld County will be acquiring all of Weld County's rights under this agreement and assuming those obligations undertaken by Weld County pursuant to this agreement. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO By: Douglas Rademacher Title: Acting Chair Pro—Tem ATTEST: WELD COUNTY CLERK TO THE BOARD By: Deputy Clerk to the Board ACKNOWLEGMENT State of Colorado ) § County of Weld The foregoing instrument was acknowledge before me on this 26th day of Sept 2007,by Douglas Rademacher, Acting Chair Pro—Tem ......... `caP . < �'.. Witness my hand and official seal. Q• ; NOTAY71r 1. My Commission Expires •••.PUB LIC4024/ T: • Qp ent9! otary Public 1 111111 11111 111111 IIII 111111 IIII 1111111 III 11111 IIII IIII 3509671 10/09/2007 12:53P Weld County, CO 9 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorde' moo 2- 303 ENCANA PIPE LINE RELOCATION AGREEMENT EXHIBIT-C EXISTING PIPE LINE R.O.W .TO BE AMENDED I NORTHWEST CORNER I S18—T1 N—R67W rF S $i sm CENTER QUARTER CORNER 2°-o 518—T1N—R67W WEST QUARTER CORNER 8 m z \\]h S18—T1N—R67W IJ I U. G N 200 100 0 200 SCALE: 1"=200' -25' 25' M i im HICKS&JOHNSON NOTE: I.-, DACONO FARM,ELP EXHIBITS A THROUGH D HAVE BEEN _ I� RF:CEPTION#?247691 PREPARED FOR THE RELOCATION OF A NON-EXCLUSIVE GENERAL UTILITY EASEMENT WHICH ALLOWS THE USE ' O I OF TRANSMISSION OF GAS AND PETROLEUM PRODUCTS. I 50'"-PANHANDLE EASTERN PIPE LINE COMPANY C.-) I EASEMENT BOOK 813/RECEPTION #1734646 a TO BE ABANDONDED UPON THE RECORDATION 4-I OF THIS EXHIBIT. UNE TABLE , L1 S89'37'31"E 55.03' '4 L2 515'44'55-E 42.29' ' L3 SOD'29'59"W 752.20' L4 53633'33-E 307.60' L5 506'52'24'W 187.00'__ _ `y L6_526'26'04"W 67.51' `1 i 'oIN 0 >'LINES 2 THROUGH 6 ARE V CENTERLINE COURSES c2 -W1 MOB _0. -a'[.i � - - c o I -U g -90 0 J MI ID SOUTHWEST CORNER dy S18-T1N-R67W �� .1NDOR.1LVILSTMEN S LLC. 1 PLICRP7IDN#32{1092 =NO O ed an0 O _in O ("itLit-N4.\\\ -OOQsi m WELD COUNTY El *'� "DCPUBLIC WORKS DEPARTMENT n �`p ELD COUNTY ROAD 13 DRAWN: JHB SHEET O UTILITY EASEMENT 03 1no — OWNER' HICKS & JOHNSON/DACONO FARM LLP DATE: 7-2-07 COLORADO EXHIBIT MAP SCALE: 1"400' 1 OF 1 • EXHIBIT - D NEW WELD COUNTY UTILITY EASEMENT A STRIP OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. #3244691 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'09'18" WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2659.46 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89'37'31" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 A DISTANCE OF 88.66 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'37'31" EAST A DISTANCE OF 50.03 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 72.65 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1615.00 FEET; ANGLE IS 02'34'38" WHOSE CHORD BEARS SOUTH 03'27'11" WEST A DISTANCE OF 72.64 FEET; THENCE SOUTH 04'44'30" WEST A DISTANCE OF 219.69 FEET TO A POINT ON THE CURVE TO THE LEFT; THENCE 120.11 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1395.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS SOUTH 02'16'31" WEST A DISTANCE OF 120.08 FEET; `m THENCE SOUTH 00'11'29" EAST A DISTANCE OF 846.67 FEET; E THENCE NORTH 76'13'54" WEST A DISTANCE OF 51.53' FEET; a 0 THENCE NORTH 00'11'29" WEST A DISTANCE OF 834.24 FEET TO A POINT ON THE CURVE TO THE RIGHT; THENCE 124.42 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1445.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS -OY NORTH 02'16'31" EAST A DISTANCE OF 124.38 FEET; aC3 y THENCE NORTH 04'44'30" EAST A DISTANCE OF 219.69 FEET TO A POINT ON A _a` , NON-TANGENT CURVE TO THE LEFT; THENCE 68.84 FEET ALONG THE ARC OF SAID — g o CURVE, RADIUS IS 1565.00 FEET; CENTRAL ANGLE IS 02'31'12" WHOSE CHORD acoi BEARS NORTH 03'28'54" EAST A DISTANCE OF 68.83 FEET; TO THE POINT OF o BEGINNING. ds a �3 1, SAID PARCEL CONTAINS 62,657 SQUARE FEET MORE OR LESS. a d �MN CNCC To a 0 a __n0 C) rrmcc coO a id �O� a CO —.-T CO r WELD COUNTY W I a PUBLIC WORKS DEPARTMENT WELD COileUNTY ROAD 3 SHEET unury PnsEMeNr DRAWN: JHB OWNER: NICKS & JOHNSON/OACONO FARM LLP DATE: 7-2'01 COLORADO EXHIBIT OF ENCANA PIPE LINE RELOCATION AGREEMENT EXHIBIT-D NEW WELD COUNTY UTILITY EASEMENT I NORTHWEST CORNER �S1 B-T7N-R67W � dd�/ ISE' 1 sW CENTER QUARTER CORNER POINT OF COMMENCEMENT tvl S18—TIN—R67W WEST QUARTER CORNER —POINT OF BEGINNING S18—T1 N—R67W I� L1 L2 ^ V u U 200 100 0 200 F 50' rn SCALE: 1"=200' i ti 72 /"1-/ HICKS&JOHNSON DACONO FARM,LLP O � REcernav#3214691 NOTE: U Cl EXHIBITS A THROUGH D HAVE BEEN PREPARED FOR THE RELOCATION OF Q / A NON-EXCLUSIVE GENERAL UTILITY a EASEMENT WHICH ALLOWS THE USE fJJ OF TRANSMISSION OF GAS AND PETROLEUM PRODUCTS. -50' UTILITY EASEMENT I 62,657 sq.ft.± Im c 30' ROW— BK.48/PG.109 C, 12 MIMI v ADDITIONAL ROWS —GY LINE TABLE d L1 569'37'31"E 88.66' —. C..1 L2 589'37'31"E 50.03' = p L3 504'44'30'W 219.69' .. / O o L4 S00'11'29"E 846.67' / M'c lo C.W s- L5 N7613'54"W 51.53' C L6 N0011'29"W 834.24' 03 L7 NO4'44'30"E 219.69' LS ___ 0 0 CO =.Na O mTo SOUTHWEST CORNER I• 518-TIN-R67W :MOORS tt,l nrcvnr�'[t lie. p RECEPTION# 244N' �a0 a —O --\,. - CURVE LENGTH RADIUS DELTA CHD.BEARING CHD.DIST. SE o cc I C1 72.65' 1615.00' 2'34'38 503'27'11"W 72.64' 1 C2 120.11. 1395.00' 4'56'00" 50216'31"W 120.08' -.er ri t C3 124.42' 1445.00' 4'56'00" NO2'16'31"E 124.38' C4 68.84' 1565.00' 231'12" NO3'28'54"E, 68.83' 1(0 o G O)r WELD COUNTY W ` c PUBLIC WORKS DRTMENT WELD COUNTY ROADEPA 13 DRAWN: SHEETMBUTILITY EASEMENT OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: �'�-q] COLORADO EXHIBIT MAP SCALE: I""200' 2 OF 1 N4 14 IBlr E EXHIBIT "B" GRANT OF PERMANENT EASEMENT This Grant of Permanent Easement is made by and between Hicks and Johnson Dacono Farm, LLP, a Colorado Limited Liability Partnership (Owner), whose address is 1417 Rembrandt Road Boulder, CO 80302 (collectively referred to herein as "Owner") and 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 10th Street, Greeley, Colorado 80631 ("County"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby grants, sells, assigns, conveys and quit claims to County a non-exclusive, perpetual easement, for the purpose of the construction and maintenance of aft oil and gas lines. The location of the easement parcel is described as follows: See Easement Exhibit "A" and Easement Exhibit Map The Permanent Easement hereby conveyed is for the construction and maintenance of an oil and gas line. Upon execution of the Permanent Easement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement for the daily operation, access and maintenance of said utilities. This conveyance shall be deemed to include sufficient land for the construction and maintenance thereof including rights of entry upon, passage over any of material and equipment on such area as may be necessary or useful for the construction, maintenance, and repair of said oil and gas lines. This Easement shall be binding upon, all and inure to the benefit of, and be enforceable by the parties, their successors and assigns. The Easement shall be governed and constructed in accordance with the laws of the State of Colorado. 11111111111111111111011111111111111111111111111111101 3509671 10/09/2007 12:53P Weld County, CO 13 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CXNi8ir 5 IN WITNESS WHEREOF, the parties have set their hands hereon upon the dates of acknowledgment set forth below. OWNER: HICKSAND JOHNSON DACONO FARMS, LLP, a Colorado Limited Liability Partnership By: la Title: /114,04.60c___ 44 u) a ' c-c STATE OF COL• ' l • ) �/ )ss. COUNTY OF ' —' - ) The foregoing instrument was acknowledged before me this J -Li'day of as1-4Z, 2007, by -A L , Q.p ,/1O50,O 9-Q.c.� / Hicks and Johnson Dacono Farms, LLP, a Colorado Limited Liability Partnership. Witness my hand and official seal. Yt P/7 OFFICIALS tart' Public My commission expires: M CAROLYN W. FINDLAY .2s i y?.. ? NOTARY PUBLIC STATE OF NEW MEXICO My Comm.Exp. /- S d-)(/ The Grantee hereby accepts this easement for the purposes set forth herein on this the day of , 2007 COUNTY OF WELD, STATE OF A IT EST: Eaa OLORADO, GRANTEE ' Ism jnj) De Cl k to the oard ;� 'id E. Long, C Xrman, Board of ou� aunty Commissi4 ers of Weld.��County, Colorado 1111111111111111111111111111111111111111111111111111111 Py20-1 3509671 10/09/2007 12:53P Weld County, CO 14 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,_ �_ a6.3/l XH isir EXHIBIT - A A STRIP OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY' OF WELD, STATE OF COLORADO, AND BEING A PORTION OF THAT LAND FOUND AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. #3244691 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST AND ASSUMING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 AS BEARING NORTH 00'09'18" WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/92, A DISTANCE OF 2659.46 FEET, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89'37'31" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 A DISTANCE OF 88.66 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'37'31" EAST A DISTANCE OF 50.03 FEET TO A POINT OF A NON-TANGENT CURVE TO THE RIGHT; THENCE 72.65 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1615.00 FEET; CENTRAL ANGLE IS 02'34'38" WHOSE CHORD BEARS SOUTH 03'27'11" WEST A DISTANCE OF 72.64 FEET; THENCE SOUTH 04'44'30" WEST A DISTANCE OF 219.69 FEET TO A POINT ON THE CURVE TO THE LEFT; THENCE 120.11 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1395.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS SOUTH 0716'31" WEST A DISTANCE OF 120.08 FEET; THENCE SOUTH 00'11'29" EAST A DISTANCE OF 846.67 FEET; THENCE NORTH 76'13'54" WEST A DISTANCE OF 51.53' FEET; THENCE NORTH 00'11'29" WEST A DISTANCE OF 834.24 FEET TO A POINT ON THE CURVE TO THE RIGHT; THENCE 124.42 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1445.00 FEET; CENTRAL ANGLE IS 04'56'00" WHOSE CHORD BEARS NORTH 0716'31" EAST A DISTANCE OF 124.38 FEET; THENCE NORTH 04'44'30" EAST A DISTANCE OF 219.69 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT; THENCE 68.84 FEET ALONG THE ARC OF SAID CURVE, RADIUS IS 1565.00 FEET; CENTRAL ANGLE IS 02'31'12" WHOSE CHORD BEARS NORTH 03'28'54" EAST A DISTANCE OF 68.83 FEET; TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 62,657 SQUARE FEET MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT IN AND FOR WELD COUNTY COLORADO AND IS BASED ON INFORMATION OBTAINED FROM DOCUMENTS RECORDED UNDER RECEPTION #3244691. o FOR AND BEHALF OF WELD COUNTY COLORADO - cc sag-•6 \\\\� UtIIIIu/ =S. PDqpDO Rf R-11-=' LEON W. SIEVERS PLC 2023520 - —3 742-e7 - o toiniritio0 - o —n0 —O —_NO nn Qi —oo rc 41 t4t, €23 o WELD COUNTY �mr ' PUBLIC WORKS DEPARTMENT ��✓�+Q�i,[ y l� WELD COUNTY 3 SHEET UTILITY EASEMENT DRAWN: JHB ^/ • OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: 6-26-07 1 OF G.r COLORADO EXHIBIT - UTILITY EASEMENT SOUTHWEST QUARTER SECTION 18, -TOWNSHIP 1 NORTH- RANGE 67 WEST e 04 / air C INORTHWEST CORNER i518-T1 N-R67W I I N Z Nll m to bCENTER QUARTER CORNER Q S1 B-T1 N-R67W WEST QUARTER CORNER Ip 518-T1N-R67W I POINT OF BEGINNING L1 L2 ■ 1 SUlu 200 100 0 200 r. 50' SCALE: 1"=200' ti NOTE: THIS NON—EXCLUSIVE u u HICKS&JOHNSON GENERAL UTILITY EASEMENT DACONO FARM, LLP ALLOWS THE USE OF TRANS— MISSION OF GAS AND RECEPTION#3244691 PETROLEUM PRODUCTS. O ci Q 41 50' UTILITY EASEMENT 62,657 sq.ft.± 4 30' ROW--� BK.48/PG.109 d - p 0 - v / Li' ADDITIONAL ROW / \\\\1111111111 �vY / \ � �pOREG //''� ' —cTh am / ��p�o�W SF . o / 0 - = N• _ 9 `' LINE TABLE / 23520 L1 S89'37'31"E 88.66' j � d � : —� ; L2 S89'37'31"E 50.03' 7_IZ-Dc.L3 S04144130"W mom-o,yo L4 S00'11 29 E 846.67' I l5 74`IIIPW \ =-NO L5 N76'13'54"W 51.53 •,- 6 L6 NO0'11'29"W 834.24' I 6-o L7 N04'44'30"E 219.69' —o -NO 00 .�°c SOUTHWEST CORNER ii co 518-T1 N-R67W T ANDORA INVESTMENTS LW _e RECEPTION#3244692 =co.r l 0 —10 CO _m1- -11% CURVE LENGTH RADIUS DELTA CHD.BEARING CHD.DIST. I _ Cl 72.65' 1615.00' 2'34'38" S03'27'11"W 72.64' C2 120.11' 1395.00' 4'56'00" 502'16'31"W 120.08' C3 124.42' 1445.00' 4'56'00" NO2.16'31"E 124.38' C4 68.84' 1565.00' 731'12" NO3'28'54"E 68.83' WELD COUNTY C L/� PUBLIC WORKS DEPARTMENT ' 7 7 WIlD WELD COUNTY ROAD 13 DRAWN: JHB SHEET UTILITY EASEMENT • OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: s-26-07 2 OF 2 COLORADO EXHIBIT MAP SCALE: 1"-200' Hello