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Home My WebLink About20072666.tiff RESOLUTION RE: APPROVE PIPLINE RELOCATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - K.P. KAUFFMAN COMPANY, 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 K.P. Kauffman Company, 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 K.P. Kauffman Company, 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 22nd day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS 4 .a\WEL@ OUNTY, COLORADO ATTEST: iateem Ccmi? �r tip vid E. Long, Chair Weld County Clerk to the Boa , ; �► .�' `�� Ilia Tem BY:` V '7ke, De ty CI k to the Bo-r. William �. Garcia APP l VA AS TO F 6. Robert D. Masden my Attorney c R(A,1/4 �,,,�p � �agj0-7 Douglas ademac r Date of signature: l 2007-2666 EG0056 : mss) o9 -4a-o7 MEMORANDUM ITO: Clerk to the Board DATE: August 14, 2007 CFROM: Wayne Howard, Chief Senior Engineer COLORADO SUBJECT: Consent Agenda Item RE: WCR 13, WCR 8 to SH 52, Pipeline Relocation Agreement with KP Kaufman Attached are two originals of Pipeline Relocation Agreement with KP Kaufman Please return ONE ORIGINAL to Public Works when signed. The appropriate documentation is attached. Enclosures N O ofcp n* m c am 0 c, r— N _p m CD ( n -D OTC Rl m-z-I l� C-< J M:\-Active Projects\Strategic Corridor\WCR 13, from WCR8 to SH 52+\Design\Contracts\utilitities\KP KAUFMAM8-14-07 memo clerk to board kpk.DOC 2007-2666 PIPELINE RELOCATION AGREEMENT THIS PIPELINE RELOCATION AGREEMENT("Agreement") is made and entered into effective day of August, 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 K.P. KAUFFMAN COMPANY, INC., whose street address is 1675 Broadway, Suite 2800,Denver,Colorado 80202("KPK"). 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, KPK is the successor in interest to Amoco Production Company 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 KPK agree as follows: 1. KPK 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 KPK for any future liability due to the pipeline being relocated inaccurately. KPK 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,KPK 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 KPK 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 lands 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 $7,895.00, which amount is inclusive of all labor and materials, planning and permitting costs, and an administration fee of fifteen percent (15%) of all labor and materials. The total Page 1 of 3 Pages =.7OD7-a666 estimated cost of installation incurred by KPK shall be paid by Weld County to KPK 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 KPK an invoice for such costs. If the actual costs incurred by KPK to complete the relocation work are less than the amount reflected in the Estimate and paid in advance hereunder by Weld County, KPK 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 KPK and receipt by KPK of final payment from Weld County in accordance with the terms of Paragraph 3 above, (i) KPK will prepare and record in the real estate records of Weld County County, Colorado, a written document pursuant to which KPK 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"). KPK shall not, under any circumstances, be obligated to release the relocated portions of the Existing Easement until KPK has determined that the new pipeline has been properly constructed and that gas is successfully flowing through the relocated pipeline. Under no conditions shall KPK 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, KPK agrees to install the same in a good and workmanlike manner,in compliance with all applicable laws and regulations. 6. KPK 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 KPK of its intention to commence any such activities,and to coordinate any such work with KPK 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 KPK from the same. 7. Upon completion of the relocation of the pipeline, and subject to KPK's reasonable satisfaction that the new pipeline is successfully flowing gas, KPK 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. KPK 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 KPK 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 KPK 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 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 Page 2 of 3 Pages 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. K.P. KAUFFMAN COMPANY,INC. BOARD OF COUNTY COMMISSIONERS F WFCOUNTY, STATE OF COLORADO By _ By: c Gordon L.Allott,Jr. David E.Long / 08/22/2007 ETitle:Executive Vice President /A i e:Chairman 1861tAt te"Sfisr ST: ilje i...4 i4 j pvi`v"'T p`"'^. •••77,./kD COUNTY CLERK TO THE BOARD • B 9 tii• Iii C it Dept( Clerk t e Board Page 3 of 3 Pages Acknowledgements State of Colorado City and ) § County of Denver The foregoing instrument was acknowledged before me this day of August,2007,by as ,of K.P. Kauffman Company,Inc.,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 State of Colorado City and ) § County of Denver The foregoing instrument was acknowledged before me this 22nd day of August,2007,by David E. Long,as Chair of BOCC .,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 2:1/41' NOTAR /I,} �[n ' My Commission Expires: �_ Oidi "C PUBLIC ;• Publ. �OFCOLC J MyCommission Expires May 19.2009 Page 4 of 3 Pages 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 03'28'54" 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. SAID PARCEL CONTAINS 42,570 SQUARE FEET MORE OR LESS. 1 T WELD COUNTY PUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 3 SHEET UTILITY EASEMENT DRAWN: JHB OWNERS HICKS & JOHNSON/DACONO FARM LLP DATE: 7-2-O7 COLORADO EXHIBIT OF 2 ENCANA PIPE LINE RELOCATION AGREEMENT EXHIBIT-A WELD COUNTY RIGHT-OF-WAY NORTHWEST CORNER 518-T1 N-R67W Ii I . .C! CENTER QUARTER CORNER POINT UTER COMMENCEMENT518-11N-R67W gK :OINT OF BEGINNING WEST QUARTER CORNER I g S18-T1N-R67W I L2 A V Li 200 100 0 2I0 SCALE: 1'=200' M N HICKS&JOHNSON m DACONO FARM, LLP ORECEPTION#3244691 0 NOTE U y EXHIBITS A THROUGH D HAVE BEEN Q PREPARED FOR THE RELOCATION OF A NON—EXCLUSIVE GENERAL UTILITY raj"--1 EASEMENT WHICH ALLOWS THE USE OF TRANSMISSION OF GAS AND -' PETROLEUM PRODUCTS. e EXISTING 30' ROW / 37,068 •q.ft.t ADDITIONAL ROW BK.48/PG.109 42.570 sq.ft.± / UNE TABLE L1 589'37'31'E 30.00' / L2 589'37'31"E 58.61' L3 504'44'30"W 219.69' L4 50034.24' 1.5 N761354 W 30.91' LB N76'13'54'W 30.91' / L7 NO011'29'W 1232.03' / LB S0011'79'E 1239.19' 6 L I I ANGORA INI'ESTMENTS LW RECEPIION#3244692 I SOUTHWEST CORNER 518—T1N—R67W _I-A___CURVE l6NGIH RADIUS DELTA CHD.6EARING CHD.DIST. C7 88.64' 1565.00' 271'12" 503'28'54'W 68.83' C2 124.42' 1445.00' 4'56'00' 50216'31"W 124.38' I rit 6:-... :N;s\\ WELD COUNTY ID � WORKSPUBLICDEPARTMENT WELD COU ROAD 13 DRAWN: JHB SHEET UTILITY EASEMENT DATE: )_2-0] • OWNER: HICKS S JOHNSON/DACONO FARM LLP COLORADO EXHIBIT MAP SCALE: "zoo' 2 OF ENCANA PIPELINE RELOCATION AGREEMENT EXHIBIT B IDIAGRAM OF EXISTING AND RELOCATED GAS LINES 1 MATCHLINE STA. 113+00 .� i •-' \1■ JIATCHLINE STA. 121+00 1 li l i is 7--'*--,1 3 >r' I , M 1 1 i 41 ' I .•�... I '1 1 1 II I t ' Y r ;,1 ., I 51 T EtIr), ..k. I 01 t i; Q A • 'I ' I I I, I r k( r 14+ f' i W I,Lit . fi22+00 r.rnx .tl I I,;,. 'ZI B�. 45 �~ �/ t II it = 1: • ') 1 34 o /� t l.ail� Iyl�'. f4 f �I i Ii •' X �s 1 77,w1I 1 I' 9 / I I I ;>t1 t' I ;.yr °i 611b+0i I i li 4 t 1,P3+i00 s ' 1 :via I (: ;t. ......."'"'1".s.'""---."...' -4 I ( l a; PT SIR 52i' ti. 1' 1. I I I p = .� .. s j ------• �� 1 , ry A tl I�� ■ .' .ILf ,., (I ` 1 �' ' Vii`; I 1 1 • ,�4 Ciz 1 1 14i .i, j K $2 ` 1 ' a t8+0o ; ll 113 ; 4+ "�‘ I kt 7a� I .... 1 . V If I Flt e IL i' y 1 ��q.IA. 'E1 i ._ _.t!.� I �A��11. A 1• :•i F: ��E f ' I 1114:: + y•,i 'd,. ■ o I L, 1 fi '�, , ,� / C �i I t 121*��(::'5XliaiiiiTYPte•• {_.s `•a� �,'. •: �"'1' 1 ,, :./e,"•^"' fig ? r I i r CIlief I I te !. :;: I. - I 1li } I 1 ' R11 �1 1 I 13 .1�p t Am • 1 I 1 )i . u \ D 11 .' E° '� �r e .I R8 z b a I I I, iJ ! ,R ll II; EL18+1 gli ' I ,'. i126too f „4 i ; III • 9 I I fg g," _ ;_,..1,1_,..‘4,... I ..f gi. ii i r. T.1 �_ I 8 r 'Ti w f I AI 1 ; �a I I� � n i S I I Q ;, F ` IP G 1 i • ° 1 I 4g (a 1 I . p 1 1 . III PC STA 119 2 I I x n I 'I ' II3 !IJ I', ," r, , '# Tn , ) .• 11 . a j - k 1 4 I r- 7C I i �. I ; c Ii f 4 ") .t..... _j i I 0•110 vxn m + �JI)� >s' , : « R fI ! I f 11 I '1l6 Z g -- 1 ;'• at II i ' 1 _ 3 I I E§ i 1 4 I• . 128+73.85 �,� M ' I D 2g 11 T irs '�1 __ EA co I \�.;� I I1 :' 'II ±in..L.: MATCHLINE STA. 129+00 gg ATCHLINE STA. 121+00 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: K.P.KAUFFMAN COMPANY,INC. (KPK) 1675 Broadway, Suite 2800 Denver,Colorado 80202 Date Executed: August_,2007 On June 13, 1975, the original Grantors, Ruth Hicks 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'''A 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 Amoco Production Company are now owned by KPK. It is the desire of Weld County and KPK to amend the description of the lands. For adequate consideration, Weld County agrees with KPK 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 KPK, 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 builders, homeowners or other buyers of the described premises, as successors in interest to Weld County will be Page 7 of 3 Pages 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 � nn -LJ oakt7L onausw1/44.1 By: David E.Long 08/22/ $17 E La 11. Title: Chairman , ��p.9�,r�� ' ' ?tt "tm `i'pay fit-• ATTEST: J r WE COUNTY CLERK TO THE BO ^ By: i-ti 'rr %mil f'� ° eputy rk to the Boar ACKNOWLEGMENT State of Colorado ) § County of Weld „ The foregoing instrument was ackno • %ef .• ;.n this 22nd day of Aug 2007,by David E. Long, Chair, /ejec -134RE' s.°•y Commissioners Witness my hand and official seal. 1..61,2%.PUBLIC .�'9�OFCOI• •' My Commission Expires MvCommisson Expires May19.2009 i( )/Gq No Public , Page 8 of 3 Pages 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 PFGINNING THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 69'37'31" 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; 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 02'16'31" 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 HFGINNING. SAID PARCEL CONTAINS 62,657 SQUARE FEET MORE OR LESS. Kite L� WELD COUNTY V I�`D a PUBLIC WORKS DEPARTMENT WELD COUMY ROAD 3 SHEET UTILITY EASEMENT DRAWN: JHB OWNER: HICKS & JOHNSON/DACONO FARM LLP DATE: -z-or COLORADO EXHIBIT I. OF • ENCANA PIPE LINE RELOCATION AGREEMENT EXHIBIT-D NEW WELD COUNTY UTILITY EASEMENT NORTHWEST CORNER <- tPOINT S18-T1NR67WIb 8CENTER QUARTER CORNER OF COMMENCEMENT S15—T1N—R67W WEST QUARTER CORNER I - POINT OF BEGINNING 518—TIN—R67W LI L2 ^ a� V U U 200 100 0 200 r II 50' m SCALE: 1"=200' /'' Cr) 2 HICKS&JOHNSON a o U,u DACONO FARM, LLP O 0 / RECEPTION#324469/ 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 OF TRANSMISSION OF GAS AND PETROLEUM PRODUCTS. 0' UTILITY EASEMENT j62,657 eq.ft.t 3/a 30' ROW--- V BK.48/PG.109 VVVV ADDITIONAL ROW W UNE TABLE j L2L1 S89'37'31, 88.65' / S89'37'31 E 50.03' / L3 504'44'30.W 219.69' L4 SOD'11'29'E 846.67' N7613'54'1./ / LS N7613'54' 51.53' LB NOO'11'29"W 834.24' L7 N04'44'30"E 219.69' lS SOUTHWEST CORNER 518—TIN—R67W L ANnoruPTIONr3269 \\\164111-i RECEPTION#3244692 CURVE LENGTH RADIUS DELTA CHD.BEARING CHD.DIST. I C1 72.65' 1615.00' 2'34'38" 50327'11'W 72.64' C2 120.11' 1395.00' 4'56'00" 50216'31"W 120.08' tio(,---Tf,f407 C4 168.84 158 5.00' 231'12' NO3 28 54�E 165.83' WELD COUNTY Wi I AtPUBLIC WORKS DEPARTMENT WELD COUNTY ROAD 13 DRAWN: JHB SHEET UKILITY EASEMENT OWNER, HICKS N JOHNSON/DACONO FARM LLP DATE: 7-2-07 COLORADO EXHIBIT MAP SCALE: I"-200' 2 OF 1 Hello