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3407664 08/01/2006 12:11P Weld County, CO
664 1 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
DISTRICT COURT, WELD COUNTY,COLORADO
Weld County Courthouse
901 9`h Ave
Greeley,Colorado 80631
Phone Number: (970)351-7300
Petitioner:
ROCKIES EXPRESS PIPELINE LLC, a Delaware
Limited Liability Company flk/a ENTREGA GAS
PIPELINE,INC.
Respondents:
LAZY D. GRAZING ASSOCIATION; A COURT USE ONLY
CITIES SERVICE GAS COMPANY;
CHEYENNE PLAINS GAS PIPELINE COMPANY;
COLORADO INTERSTATE GAS COMPANY; Case No. 2006-CV-172
COLORADO-WYOMING GAS COMPANY;
CONTINENTAL PIPE LINE COMPANY;KN
INTERSTATE GAS TRANSMISSION COMPANY; Division: 4
KN WATTENBERG TRANSMISSION,LLC;NUNN
TELEPHONE COMPANY; PLATTE RIVER
POWER AUTHORITY;POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION, INC.;PUBLIC
SERVICE COMPANY OF COLORADO;TERRY
LAND AND LIVESTOCK COMPANY, INC.;
TRAILBLAZER PIPELINE COMPANY;UNITED
STATES OF AMERICA,acting through FARMERS
HOME ADMINISTRATION;WESTERN GAS
SUPPLY COMPANY; WYOMING INTERSTATE
COMPANY,LTD;WYOMING-NEBRASKA
PIPELINE COMPANY; and DONALD MUELLER,
in his official capacity as Treasurer of Weld County.
RULE AND ORDER
This matter comes before the Court pursuant to the Stipulation and Joint Motion for Entry of
Rule and Order submitted by the Petitioner,Rockies Express Pipeline LLC f/k/a Entrega Gas
Pipeline,Inc. ("Rockies Express")and the Respondent-Landowner Lazy D. Grazing Association
("Lazy D.Grazing"). The Court having read the Stipulation,reviewed the file and being fully
advised in the premises hereby FINDS that:
1. Rockies Express filed the Petition in Condemnation on March 10, 2006 to acquire
certain property interests from Lazy D. Grazing that are the subject of this litigation (the
"Property"). The Amended Petition in Condemnation was accepted for filing by the Court's May
31, 2006 Order Granting Motion to Amend Petition in Condemnation and to Dismiss Respondent
2007-0707
1111111111111111 (III 11111111 NUB 111111111III1111
3407664 08/01/2006 12:11P Weld County, CO
2 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
Mary Hergert, in her Official Capacity as Public Trustee of Weld County. Rockies Express is
acquiring the Property for construction and operation of a natural gas pipeline for the
transportation of oil, natural gas, petroleum products and derivatives thereof and any other
liquids, gasses or other substances which can be transported through a pipeline. Rockies Express
has the legal power and authority to condemn the Property. Rockies Express has negotiated in
good faith with Lazy D. Grazing for the acquisition of the Property.
2. Rockies Express is acquiring in fee simple absolute a parcel of land described in
the attached Exhibit A. Rockies Express is also acquiring a sequence of non-exclusive
permanent easements and rights-of-way, along with associated temporary easements and
temporary use areas, all as described in the attached Exhibit B. The Terms of Pipeline Right-Of-
Way Easements and Temporary Use Areas are as set forth in the attached Exhibit C.
3. An Order for Immediate Possession was entered by the Court on June 9, 2006.
As required by the Order for Immediate Possession Rockies Express paid a deposit into the
Court Registry in the amount $564,698.33 on June 12, 2006 ("the Deposit"). The Deposit was
placed in an interest bearing account pursuant to the Court's July 10, 2006 Order. By the Court's
July 17, 2006 Order Re: Motion for Withdrawal of Funds, $423,523.74 was disbursed from the
Court Registry to Lazy D. Grazing.
4. Rockies Express and Lazy D. Grazing have resolved all issues between them in
this case. The settlement in the amount$568,811.00 (that includes the Deposit) shall include all
just compensation for the taking of the Property and for damages or benefits to the remainder, if
any, all pre and post judgment interest, court costs, expert witness fees, attorney fees or any
litigation costs or expenses to which Lazy D. Grazing may claim entitlement. If any other
Respondent alleges that it is entitled to any portion of the compensation being paid to Lazy D.
Grazing as a result of this condemnation action, Lazy D. Grazing shall be solely responsible for
the payment of any money to which said Respondent is determined to be entitled.
5. The status of the remaining Respondents is:
a) The Respondent Cities Service Gas Company was served with pleadings
on June 8, 2006 but has not entered an appearance or filed any pleadings
in this case.
b) The Respondent Cheyenne Plains Gas Pipeline Company entered an
appearance on June 28, 2006 but has not filed additional pleadings in this
case. Rockies Express shall take the Property subject to the interest of the
Respondent described in a document recorded on January 29, 2004 at
Reception No. 3148983 of the records of the Clerk and Recorder of Weld
County.
c) The Respondent Colorado Interstate Gas Company entered an
appearance on June 28, 2006 but has not filed additional pleadings in this
case. Rockies Express shall take the Property subject to the interests of
the Respondent described in documents recorded on May 29, 2001 at
Reception Nos. 2852116 and 2852119, a document recorded on May 14,
2001 at Reception No. 2848152, a document recorded on August 28, I998
2
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3 0l 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
at Reception No. 2636467, a document recorded February 2, 1979 in Book
859 at Reception No. 1780634, a document recorded May 19, 1972 in
Book 668 at Reception No. 1589859, a document recorded July 8, 1963 in
Book 1652 at Page 38, a document recorded October 26, 1955 in Book
1433 at Page 174, , and a document recorded July 11, 1955 in Book 1423
at Page 627 of the records of the Clerk and Recorder of Weld County.
Rockies Express shall also take the Property subject to that certain
Encroachment Work Plan Agreement entered into between Wyoming
Interstate Company, Ltd., Colorado Interstate Gas Company and Rockies
Express Pipeline, Inc., on or about July 17, 2006.
d) The interest of the Respondent Colorado-Wyoming Gas Company is
now owned by Respondent Public Service Company of Colorado.
Rockies Express shall take the Property subject to the interest of the
Respondent described in a document recorded on September 16, 1947 in
Book 1211 at Page 377 of the records of the Clerk and Recorder of Weld
County.
e) The Respondent Continental Pipe Line Company filed its Disclaimer
July 25, 2006. The interest of the Respondent is now owned by Suncor
Energy (USA), Inc. Rockies Express shall take the Property subject to the
interest of the Respondent described in a document recorded on January 8,
1955 in Book 1408 at Page 480 of the records of the Clerk and Recorder
of Weld County.
f) Rockies Express shall take the Property subject to the interest of the
Respondent KN Interstate Gas Transmission Company described in a
document recorded on October 20, 1997 at Reception No. 2574914 of the
records of the Clerk and Recorder of Weld County.
g) Rockies Express shall take the Property subject to the interest of the
Respondent KN Wattenberg Transmission, LLC described in a
document recorded on May 7, 1998 at Reception No. 2611576 and on
August 21, 1998 at Reception No. 2634994 of the records of the Clerk and
Recorder of Weld County.
h) The Respondent Nunn Telephone Company was served with pleadings
on June 12, 2006 but has not entered an appearance or filed any pleadings
in this case.
i) The Respondent Platte River Power Authority was served with
pleadings on June 12, 2006 but has not entered an appearance or filed any
pleadings in this case.
j) The Respondent Poudre Valley Rural Electric Association, Inc. entered
an appearance on June 14, 2006 but has not filed any pleadings in this
case.
k) The Respondent Public Service Company of Colorado filed its Answer
to Amended Petition in Condemnation on June 28 but has not filed
additional pleadings in this case. Rockies Express shall take the Property
3
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3407664 08/01/2006 12:11P Weld County, CO
4 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
subject to the interest of the Respondent described in a document recorded
on September 5, 1996 in Book 1565 at Reception No. 2509614 of the
records of the Clerk and Recorder of Weld County.
1) The Respondent Terry Land and Livestock Company, Inc. was served
with pleadings on June 8, 2006 but has not entered an appearance or filed
any pleadings in this case.
m) Rockies Express shall take the Property subject to the interest of the
Respondent Trailblazer Pipeline Company described in a document
recorded on October 26, 1981 in Book 951 at Reception No. 1872672 of
the records of the Clerk and Recorder of Weld County.
n) The Respondent United States of America, acting through Farmers
Home Administration, was served with pleadings on June 16, 2006 but
has not entered an appearance or filed any pleadings in this case.
o) The interest of the Respondent Western Gas Supply Company is now
owned by Respondent Public Service Company of Colorado. Rockies
Express shall take the Property subject to the interest of the Respondent
described in a document recorded on June 1, 1993 in Book 1385 at
Reception No. 2334986 of the records of the Clerk and Recorder of Weld
County.
p) The Respondent Wyoming Interstate Company, LTD entered an
appearance on June 28, 2006 but has not filed any pleadings in this case.
Rockies Express shall take the Property subject to the interest of the
Respondent described in a document recorded on October 19, 2001 at
Reception No. 2893320 and a document recorded on May 14, 2001 at
Reception No. 2848151 of the records of the Clerk and Recorder of Weld
County. Rockies Express shall also take the Property subject to that
certain Encroachment Work Plan Agreement entered into between
Wyoming Interstate Company, Ltd, Colorado Interstate Gas Company and
Rockies Express Pipeline, Inc., on or about July 17,2006.
(I) Rockies Express shall take the Property subject to the interest of the
Respondent Wyoming-Nebraska Pipeline Company described in a
document recorded on February 9, 1966 in Book 560 at Reception No.
1481903 of the records of the Clerk and Recorder of Weld County
r) The Respondent Donald Mueller, in his official capacity as Treasurer of
Weld County, filed his Disclaimer April 14, 2006,
Therefore, it is ORDERED that:
1. The property described in Exhibit A and the easements described in Exhibit B,
subject to the Terms of Pipeline Right-Of-Way Easements and Temporary Use Areas set forth in
Exhibit C,have been duly and lawfully taken and condemned by the Petitioner pursuant to the
statutes and the Constitution of the State of Colorado. The just compensation to which the
parties have agreed represents full satisfaction and payment of the total amount of just
compensation to be paid to the Respondents in this matter.
4
11lill 11111 IIIII(III Illlitll Il11 lilt III It III lIII
3407664 08/01/2006 12:119 Weld County, CO
5 of 26 R 131.00 D 0.00 Steve Moreno Clerk 8 Recorder
2. Following entry of this Rule and Order Rockies Express shall deposit $4,112.67
into the Court Registry as the balance of the just compensation to be paid to the Respondents in
this case ($568,811.00 settlement—$564,698.33 Deposit=$4,112.67). The Clerk of the Court
Registry without further order shall disburse$145,287.26, along with interest accrued on the
Deposit, by check made payable to Lazy D. Grazing Association, and delivered by U.S. Mail to
Kenneth F. Lind, Esq., Lind,Lawrence&Ottenhoff, LLP,355 Eastman Park Drive,Suite 200,
Windsor,Colorado 80550($568,811.00 settlement—$423,523.74 disbursed pursuant to Order Re:
Motion for Withdrawal of Funds=$145,287.26).
3. The Petitioner shall not acquire or obtain water rights or rights to use water owned
or claimed by Respondents or in any way associated with the property acquired through this
proceeding. The Respondent-Landowner specifically reserves all such water rights. The
Respondents or any others shall not locate or perpetuate surface facilities incident to water rights
or the rights to use water that would interfere with the Petitioner's use of the property interests.
4. Except as the same may be needed for subsurface support,the Petitioner is not
condemning title to any mineral estate owned by any of the Respondents,which are specifically
reserved by the Respondent-Landowner,however, Petitioner's disclaimer regarding mineral
rights shall not be construed as permission for the Respondents,their successors or assigns to
locate or perpetuate surface facilities incident to the mineral rights that would interfere with
Petitioner's use of the property.
5. A certified copy of this Rule and Order may be recorded and indexed in the
Office of the Clerk and Recorder of Weld County, Colorado, in like manner and in like effect as
if it were a deed of conveyance from Lazy D. Grazing Association to Rockies Express Pipeline
LLC of the property described in Exhibit A,along with the non-exclusive permanent easements
and rights-of-way and associated temporary easements and temporary use areas described in
Exhibit B, subject to the Terms of Pipeline Right-Of-Way Easements and Temporary Use Areas
set forth in Exhibit C, free and clear of any and all claims of any of the Respondents named in
and served with the Amended Petition in Condemnation.
DATED: July 28, 2006
BY THE COURT
1: 24
Daniel S. Maus
District Court Judge
This order'gasified electronically pursuant to Rude 121,§1-26 The original signed order is in the Court'sfilo
r ..
C C i'- . 4! ._. t copy
Clark
5
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6 of 26 R 131.00 0 0.00 Steve Moreno Clerk & Recorder
WELD COUNTY, COLORADO
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EXHIBIT — _____ _ "`" . IsiTRRGAGASPIPELINEINC.
A _ N Or EXN131T
75.04 ACRE TRACT OF LEND I
°M'z' " "et" ::744C—.4.1, SOUTHEAST j SECTION $, TI1N, Raw, 6TH P.N
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3407664 08/01/2006 12:11P Weld County, CO
7 of 26 R 131.00 D 0.00 Steve Moreno Clerk&Recorder ,
WELD COUNTY, COLORADO
SECTI0N .5
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3407664 08/01/2006 12:11P Weld County, CO •
8 of 26 R 131.00 D 0.00 Steve Morena Clerk& Recorder
ENTREGA GAS PIPELINE,INC.
WELD COUNTY, COLORADO
UEI JOB NO.9030.000
• SECTION 5,T-11-N,R•66-W,6Th P.M.
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION OF A
25.04 ACRE TRACT OF LAND
WELD COUNTY,COLORADO
METES AND BOUNDS DESCRIPTION OF A 25.04 ACRE TRACT OF LAND, SITUATED
IN THE SOUTHEAST ONE QUARTER(SE/4)OP SECTION 5,TOWNSHIP 11 NORTH,
RANGE 66 WEST OF THE 6Th PRINCIPAL MERIDIAN,WELD COUNTY, COLORADO
AND ALL BEING A PORTION OF THOSE CERTAIN TRACTS OF LAND DESCRIBED IN
ANT) CONVEYED TO THE LAZY)),GRAZING ASSOCIATION,BY INSTRUMENT
RECORDED UNDER RECEPTION NO. 1463875 OF THE OFFICE OF THE WELD
COUNTY CLERK AND RECORDER,WELD COUNTY,COLORADO,SAID TWENTY(20)
FEET WIDE ACCESS ROAD BEING SITUATED TEN(10)FEET EITHER SIDE OF THE
HEREINAFTER DESCRIBED CENTERLINE,SAID SIXTEEN(16)FEET WIDE ACCESS
ROAD BEENG SITUATED EIGHT(8)FEET EITHER SIDE OF THE HEREINAFTER
DESCRIBED CENTERLINE, SAID 25.04 ACRES SITE BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS.AS FOLLOWS: '
COMMENCING ail 5/8 inch iron rod with cap,marked"PIS 16154 found marking the south
one quarter(S/4)corner of said section 5;
THENCE South 89' 52'15" East,along the south line of the southeast ono quarter(SE/4)of said
section 5, a distance of 253.27 feet to a point;
THENCE North 00' 07'45"East,a distance of 581.84 feet to a 518 inch iron rod with cap
marked"PLS 37949",set 900.00 feet west of the west right of way line of US Highway 85,
having aright of way width of 250.00 feet,marking the southwest corner and POINT OF
BEGINNING of the herein described tract of land;
TITENCE North 02'58'45"East,along a line 900.00 feet west of and parallel with the west
right of way line of said U.S.Highway 85,a distance of 1,338.14 feet to a 518 inch iron rod with
cap marked"PIS 37949"set in the south line of a proposed filly(50)feet wide permanent
easement and right of way,marking the northwest corner of the herein described tract of land;
•
Sheet 3 of 5
111111 11111 111111113111111111 HUHU 11111
3407664 08/01/2006 12:11P Weld County, CO
9 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
ENTREGA GAS PIPELINE,INC.
WELD COUNTY,COLORADO
UEI JOB NO.9030.000 •
SECTION 5,T-11-N,R-66-W,6°i P.M.
i I
THENCE South 72' 19'27"East,along the south line of the said proposed fifty(50)wide
• permanent casement and right of way,a distance of 116.08 feet to a 5/8 inch iron rod with cap
marked"PLS 37949"set marking and angle point of the north line of the herein described tract of
land; .
THENCE South 76' 57' 16"East,continuing along the said south line of the proposed fifty(50)
feet wide permanent easement and right of way,a distance of 125.46 feet to a 5/8 inch iron rod
with cap marked"PLS 37949"set marking and angle point of the north line of the heroin
described tract of land; _ !
THENCE South 83' 52'53"East,continuing along the said south line of the proposed fifty(50)
feet wide permanent easement and right of way,a distance of 615:11 feet to a 5/8 inch iron rod I j
with cap marked"PLS 37949",set 50.00 feet west of the west line of the said US Highway 85,
marking northeast coiner of the herein described tract of land;
THENCE South 02' 58'45"West,along a lino 50.00 feet west of and parallel with the west line
of said US Highway 85,a distance of 307.13 feet to a 5/8 inch iron rod with cap marked"PLS
37949" set marking an interior comer of the herein described tract of fl and;
THENCE South 8T 01' 15"East,a distance of 50.00 feet to a 5/8 inch iron rod with cap
marked"PIS 37949"set in the west line of the said US Highway 85,marking an exterior corner
of the herein described tract of land;
•
THENCE South 02' 58' 45"West,along the west lino of the said US Highway 85,a distance of
_ - 16.00 feet to a 5/8 inch iron rod with cap marked"PIS 37949"set marking an exterior corner of
the herein described tract of land;
THENCE North 87' 01' 15"West, a distance of 50,00 feet to a 5/8 inch iron rod with cap
marked"PLS 37949",set marking an interior.corner of the herein described tract of land;
THENCE South 02' 58'45"West,along a line 50.00 feet west of and parallel with the west line
of said US Highway 85.a distance of 884.94 feet to a 5/8 inch iron rod with cap marked"PLS
31949" set marking an interior corner of the herein described tract of land;
•
•
Sheet of 5
•
11111111111111111111!Yt1
11113407664 08/0112006P W10 of 26 R 131.00 Steve Moreno Clerk& Recorder
•
•
ENTRUGA GAS PIPELINE,1NC,
WELD COUNTY,COLORADO •
"UEI JOB NO.903O.000
SECTION 5,T-I 1-N,.R-66-W, 6T P.M.
EXHIBIT"A"
•
i I• THENCE South 8T 01' 15"East,a distance of 50,00 feet to a 5/8 inch iron rod with cap
marked"PLS 37949"set in the west line of the said US Ilighway 85,marking an exterior corner
of the herein described tract of land;
THENCE South 02'58' 45"West,along the west lino of the said US I-Tighway 85, a distance of
20.00 feet to a 5/8 inch iron rod with cap marked"PLS 37949"set marking an exterior corner of
the herein described tract of lend;
THENCE North 87'01' 15"West,a distance of 50.00 feet to a 5/8 inch iron rod with cap
marked"PT,S 37949"set marking an exterior corner of the.herein described tract of land;
THENCE'South 02'58' 45"West,along a line 50.00 feet west of and parallel with the west line
of said US Highway 85,a distance of 25,00 feet to a 5/8 inch iron rod with cap marked"PLS
37949" set marking the southeast corner of the herein described tract of land;
THENCE North ST 01' 15" West,a distance of 850.00 feet to the POINT OF BEGINNING
and containing 25.04 acres of land,more or less.
•
For reference and further information see Dwg NO.EGP_9D30A_8007_REV3,prepared by
Universal Ensco,Inc.,same date.
With all bearings herein being based upon the Universal Transverse Mercator(UTM)Zone 13
North,Nad 83 as derived by a Global Positioning System.COPS)survey performed by Universal
Ensco,Inc.In January 2006:
IC this description and accompanying plat arc not sealed with the raised embossing seal of the
signatu a pears below,it should be considered as a copy and not the original.
Gary Greer Date 7-! 'cF
Professional Land Surveyor 1
Colorado Registration No.37949
•
•
Sheet 5 of 5
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1
3407664 08/01/2906 12.11P Weld County, CO
11 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
Loa* Jie WELD COUNTY, COLORADO
Lk IA04▪ YINROO
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TOTAL LENCIR SeeA 10'PEAL Una.MO RQN.1600.6 TT..216.22 PODS K�). O
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t2 lent Mq I S -
. A )PLAIIE*Ks Pam4 humanly
CO00AOO INTERSTATE OAT COIJPMIV 'WJ 9M
HER Amts K2PTIGA II antic
&EQPT*.I l4)w5 o.nacA.W. c
' o.n.CC_RACC. I
E - •
BASEUNE
8 PROPOSED 30' WIDE 'E 1' palm MaSCN1
P.E.R.E.R.W. /.T . NTERSAIE CASM
DETAIL'A' e 7 TneR94b 3s COMPANY •
# I]5)411
WE SHEET 2 Er 6 awc DETAIL 'B' DeCCI..¢C.
8R 9[fi f m 6
D,Syu
POINT OF ),fir , I .
BEGINNING `
SO'PLO.n ._ Say. BASELINE I
. 0.0.1/LE m,./CM rvA2• I f I PROPOSED 30'BADE
41:d(s I lases BASELINE _ ��� P E R W / 2.0 d: 4 1
•v 1/e Cnv Sets a PROPOSED 60' BIDE na f^a.,TE".' sor SW1)a e
- NA"a I
>•� PERW. SEe n'ISE r •9\x -' A.
12x5'• O
SU]3 )T
02)2'
• LAZY 0. GRAZING ASSOCIATION PICK OF ''` s
RECEPTION NO.•1463175 'TERM DON ��,
• O W.C.C.R.W.C.G S RD PAR.. a$}.
12 I
MQRA.aM nwte Cw.n.
- CaLL0 29.641 A040 ENEMA CAS PIPEI.. PG p
aEOPTIO4 12334966 21.00 ACRES 3TF! I `A
6 5 aaac.RMm, -� •
` 5'Y
-5-8L rem.s'V In./CAP . no 3/4' AM' `n d n3 i 6k i./• u8J 9
Y'e Lf I MSLS WA'.PAS 0.54 ,
1./• i Yr.3
• WEST SRNKKS aRTMVIr- ..l'
I.A opret 1ala Noel no ay manbl.M IM Umo b W I,Car Coen.F.-ale na in.L jor„04."1T./k.A Pjii1
a n Mean.
n�LLm1)SI. an.Ma el lrre4 may in - of Caws,.�A ha*p tidily U I IIh46'WAN?UI.Lbaxae,
TA Is•.r .4 12/4 a AR an.itaMIU a t..
2.M Mae a nom Wan IN UMn.M Twlaas ' '/.
awaa Mull 2.1.13 Mw Gael.SPum,NAoei �;L 05 I
tiered
Pram
•WI 90.•10.4.44,4d 43 UIWftl T4Y6 P.C. (/y[�,c U• �L�(�J(�(�;
LrM^9e V t e�al �1a" • 1 J/'
x II mM Yypoa se o eamm�i yP ne nM wee(mils Pr . -se., : G.;•.S '
In ralstl ongoing M Dw P. inn.ywNMt.pPra Caron flepll'aynn Ne.)]91 % ,q;
t ee.,II Maas ea eeneW.•ea a nor v.1 as Me roineR tN A ''.4. ..'
•
'RAY town rim M9 Strewn"rtRTM4r. '""'N" "a''.-
aM AM no Me 112 Nan M N.ant or NA Oat ne Penn al nN[p.n.,—.It Oda*
Y.-.Ill Mr b 0,b one r eaae-
ma ,PER. .RaePla Na. 1
bid nJ NnaMr
001 Ns' D.ry IY PACE.m S
Q NVIIM — waa a Re
8 can R R N ENTREGA GAS PIPELINE INC. :B i •
a Pa.
44
EXHIBIT awu n. EXHIBIT 'A"
li
I-50'.& 4-30 WIDE PERM. EASIR. & R.OWe ., 1212 ., e+a M.1r. 1 UPoN PRDP 0 00TY DE UZY 0. GRAZIND ASSOCNBON
AMSO eAmawn
• On -lmo a9An w 9030.000 i°es'a`< ECP-90]44-0006 r 1
► 111111 1111 IIIII III 111111E IIII II►NII III 111111 III ►111
3407664 08/01/2006 12:11P Weld County, CO
12 of 26 R 131.00 0 0.00 Steve Moreno Clerk & Recorder
•
WELD COUNTY, COLORADO
•
SECTION 5
T-11—N, R-66—W, 6th P.M.
..�
N•
D
..PLAN.11 I e ,.;.:.:.:. .. . ... ,.:
________J_ 00-TEMPORARY
Y�iS��f n G]GR111
• 1'------- ---------- ---
. -
•
{t___________�__I l l jE[fue•NrJ
. VARIAN!*WO¢WgMt I ( 1EA t___ -________ 5
___ _
1 1 I 1 1 ]o rrru.wr a
—J :"-r --4I l (1AUWr y 304]0' 1 1 1 �(I 1 (a%NT Y
5'&Z.
]OERgW - ] DETAIL "B'
PCV.x. 0.1021( Mo 33M A('
•
' ( `umM ► at.S.
MOP.#WO( PERW'13 POOP.It W4 2rr
Pitt/]
•
PUNT Cr •
/ TERMINATION xnW]] ('E. ..6/93.1C Io___f S'OCALA o0 1 ]0
.
I no s/r u.
BASELINE
PROPOSED J0' MOE
• P.E,R.W. j I _
I non sn(P P0-,e Mmn
a cq[00 W1ERSIAW W1 COAP(.IY YJ x VAIN 911
CILW 117.1 AILS MCEPn[M 11111400
V¶q I 103046] 0 MGCt'. S.. MOOR 1.WP1't LC
OtGCAW4' ; TISA6 W.9
n1.NSVS9q[CWYv
MIME C' I' MLv1ux 1 2.5)49-44u sW(t x m e I
•
ccawc..
r10]AB Ii.
,...a.„ NOIn'u. ./GP
•
POINT BASELINE
BEGINNING PROPOSED 90' MOE •
OAS EL P.E.R W. N00Mt.'
1/ ID'
a P°L[nail' LAZY D. GRAZING ASSOCIATION
1p BY.LAS(i, RECEPTION NO. IbJ[IlS
' `'� a MM.[A911. O.w.C.L.R.W.GG
r ..yea` xr>b'M:
LEI. ` ID-V. W]L3.w
gs
VA MCA
E ...---t
1 MS4 TV
iM.S/P it vICM ^ -� •,�,�vY4lEuX ylgMY I v001YIDt NNW.50'WOEDE
t'.s . u.W. �.
. too
sir 1A./q0 xES32.3.y
'a'n]mw- 374,Y
I 3W POINT OF MU 0R�,J.'RAP
BEGINNING•
BASELINE JO'PS_R W Nn I POINT OF
• PROPOSED JO' PAX
P.E.R.W. 020. 1 IA]nINL
' I �-t m• 3W PLR....401.
ENTREGA GAS PIPELINE, INC
25.00 ACRES SITE
is.
\ =MYNom.(Town(MM.(3o'RP[(ASO.MO a6V.I I • 1,]%I Er "A73 Rail
30'WOE P(PM PIE.0(.SONNI•087 AOC
. RVP3RARY EASEY(M A IAI ACRES
pcTAIL 'C"
ILLS. PN;f 3 m 1
g
M, ' Lan ' ENTREGA GAS PIPELINE INC. -•
Atoll"
At-, I—SO & 4-30' WIDE PERM. FASNT. & R.O.W.
avow*Anna'sUPON PROPERTY OF LAZY D.GRAZING ASSOCIATION
!ravine. rR .. e< .... root. N.1t 9030.000 I'N' ECP-9030A-8008 ^".1
111111111111 11111 11E 1111111 till 111111 III 111111 III III!
3407664 08/01/2006 12:11P Weld County, CO 13 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY, COLORADO 32 33
• SECTION 5 UWAY 5-'r <
1, e'
T-11—N, R-66—W, 6th P.M. -'t I
N )))
I •1:4$ R
•
ll it:1y :4•;:; WO.1/f 1
PDX
POW CV COME WO I ��.�•: ;• .� -/1 VI'W
.PL. POW 0'mMIFG w:•�f'• •::iC 1 Y 0.9/ LJ
Pill. POW iRMM.91M1 'P.D.T. 1•�.••!,• �.�•• I
IAM110'L➢T •
BRLlw s q l__ ;Mt I TVAWMI
. • I W./ •I NeJarIrM ;lti r UTE WA
•
If--X, I rcr �I i J
16 -I / I�M.13 U"[
Pr -1 1 li I MOOCLIT L3]Sb"
l le'1 ti_ qOL'
I. II 9I I ;
yI
N I If W I Z I 1 Ir
I
I -1 ICI ' I ✓I I III _P,o.r,
BASELINE
S f�•lq^ III
p4' I MET'm"E 1 1 1
Y i.l I "�.: I SJar r ,
•
r I . r l t
S3 iE`.l i 9° 1r / ;1
I I 1 ." i I , I
IX 3 I t i S I III
I 1 I Ail I I I I
I ig = 111 •
11°4.3.11:r1 I pm TlL
DETAIL
•0"•
a440.• r r I l )
TOTAL It WIN k$ m Rut 1rA ' I L•14017 IT r•19an em t 9 I 1 I
30 WE PERV.WUR 1I'Aw[o -Ilr*Ms I I 11
lL)IPhtM,CASEWO•1@ LA
i M I 1 yy•m'Or'0>4
'�� 2iVIN O ,V%"AEA• .N ACM 100.]'
TOTAL LINEN.AM MIE i'Pitt I 1•TWA O.•»4M 5003 I I
3Y WOE POIYMI[Mr ulILMT-u}ACRES - I I.i BASELINE
mAPORA.Y EAWNMJ.243 Am,
ltsma.WAn LA•OM ApE NOI'Mp•[ 1 I I PROPOSED 30' RIDE
1me' r ,
room LO KITH.ASE sr RLRR. 1•111.8 rr.•TAW MaS i I I I /
30' o$p PCIX0WJ[A •tIS AqL
if4PURN1 EASEMENT-0.37 ALQ •
I I 1 •
I I I I r.os•,ms
BASELINE ]m.r
PROPOSED 30' WOE I [ ; I I
P.E.R.W. /2 i l 11
BASELINE morose ' I II )¢DETAIL]v.
•
PROPOSED 30' wDE m'P.En..I2 Iwv3.mY I I
I a'el (I
NaY5rin, 1 i I
mr]YT w0XXr1 SNwIOT �IqB eAIIal1WE 'e' I 'I
WA. m'PCR.t/O I me31'm"[ •
ri�i •i JA �C.I I I MJ}' TUMORS
TOAPOWIT
•
3 i-____,. J i ; (T;}i$•���' PE-ENTRY
RTY1rS-Iaf I ___
R• a1a'I}'[ I•
PO 1Nei
aAP r3r1 Isogon ��
.m9]0-2-131.1 i I -1114'5' ___ .. ..•n:
. I I Id, :5104•321 \ E Siµ1"er
P.0.0 N aott
aml�m]1'm
rt-L1P
S' btt 13 -
m Xi ranri)". , w ILL POINT OP
nr P.O,C RE-ENTRY
P.0.0 *Mari n'v.[nsom • mmwL
w,moue NIA PAAIS 1X0 JA'uI/CS? T'PCF... I O
It PEAK I• Md'R13Ha' PAX]OrL
WWIIWs N. [P
W^• H.. —A ENTREGACAS PIPELINE INC.
W4 t9m
yrwtP n, E%NI91r 'a'
110X0 I-50* h ♦-30'MDE PERM. EASMT. & R.O.W.
A 'PAW"WW2 - •1"""A°' UPON PROPERTY 6 LAZY D. CRAZING ASSOCIAXW
•
Wimp . na a,„ t b •.r.9 Mier I. 9030.0001"" 8�"' EDP
1111111111111111111111111111II11111111 III 111111 III 1111
3407664 08/01/2006 12:11P Weld County, CO
14 0l 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
ENTREGA GAS PIPELINE,INC.
WELD COUNTY,COLORADO
• UFd4OB NO.9030.000
SECTION 5,T-11-N,R-66-W,6"'P.M.
DESCRIPTION OF A
• FIFTY(50)WIDE PERMANENT EASEMENT AND RIGHT OF WAY,
AND POUR(4)THIRTY(30)FEET WIDE
PERMANENT EASEMENTS AND RIGHTS OF WAY .
WELD COUNTY,COLORADO DESCRIPTION OF A FIFTY(50)FEET WIDE PERMANENT EASEMENT AND RIGHT OF
WAY,AND FOUR(4)THIRTY(30)FEET WIDE PERMANENT EASEMENTS AND
RIGHTS OP WAY,SITUATED IN THE NORTH ONE HALF(N/2)OF SECTION 5,
TOWNSHIP 11 NORTH,RANGE 66 WEST OF THE 6 PRINCIPAL MERIDIAN,WELD
COUNTY,COLORADO AND BEING A PORTION.OF THOSE CERTAIN TRACTS OF
•
LAND DESCRIBED IN AND CONVEYED TO THE LAZY])GRAZING ASSOCIATION,
BY INSTRUMENT RECORDED UNDER RECEPTION NO.1463875 OF THE OFFICE OF
THE WELD COUNTY CLERK AND RECORDER,WELD COUNTY,COLORADO
(O.W.C.C.RW.C.C.),SAID FIFTY(50)FEET WIDE PERMANENT EASEMENT AND
RIGHT OF WAY BEINGSITUATffi)TWENTY FIVE(25)ON EACH SIDE OF THE
rdEREINAY1 tKDESCRIBED BASELINE,SAID FOUR(4)THIRTY(30)FEET WIDE
PERMANENT EASEMENTS AND RIGHTS OF WAY BEING SITUATED FIFTEEN(15)
FEET ON EACH SIDE OF THE HEREINAFTER DESCRIBED BASELINES,SAID
BASELINES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:WITH ALL
BEARINGS HEREIN BEING BASED UPON THE UNIVERSAL TRANSVERSE
MERCATOR(UTM)ZONE 13 NORTH,NAD 83 AS DERIVED BY A GLOBAL
POSITIONING SYSTEM(GPS)SURVEY PERFORMED BY UNIVERSAL ENSCO,INC.IN
• JANUARY 2006;
•
FIFTY(9mm FEET WIDE PERMANENT EASEMENT AND RIGHT OF WAY
•
COMMENCING at 3/4 inch iron rod with cap marked"LS 26595,found marking the northwest
corner of said section 5;
••
THENCE South 00°00'26"East,along the west lino of said section 5,a distance of 2446.9 feet
to the POINT OF BEGINNING of the herein described hsaeline;
THENCE partially across the said section 5,the following bearings and distances:
South 71°50'32"East,a distance of 1308.7 feet to point;
South 72°19'27"East,at 1824.5 feet begin25 feet parallel to,and abutted with a 25.00
acre Entrega Gas Pipeline,Inc.Tract(Sec Entrega Chu Pipeline,Inc.drawing no.EGP-9030A-
8007,dated Febmsty 27*,2006)continuing for a total distance of 1946.2 feet to a point;
South 76°57'IS"East,continue 25 feet parallel with the said 25 acre tract a distance of
1229 feet to a point;
South 83°52'53"East,continue 25 feet parallel with the said 25 acre tract a distance of
222.8 feet to a point being the POINT OF TERMINATION of the herein described baseline,
from which a 5/8 inch-iron rod with cap marked"PLS 16I54"found marking the southeast
corner of said sections,hears South 45°14'09"East,a distance of 2,641,0 feet,said baseline
having a total length of 3,600.6 feet or 218.22 rods,said fifty(50)feet wide Permanent Easement
•
and Right of Way containing 4.13 acres of land,more or less;
Page 4of 9
•
•
I 111111 111111111► 'III 1111111111►' 111111 111111 ►I► 1111
3407664 08/01/2006 12:11P Weld County, CO
15 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
• EXHIBIT"A"
ENTRBOA GAS PIPELINE,INC.
WELD COUNTY,COLORADO
UEI JOB NO.9030.000 • •
SECTION 5,T-11-N,R-66-W,6'n P.M.
TEMPORARY EASEMENT
• Being two(2)strips of land,1)a forty(40)feet wide strip of land,adjoined to and parallel with
the southerly line of the above described fifty(50)feet wide Permanent Easement and Right of
Way,extending from the welt line of said section 5,to the west lino of the said 23.00 acre tract
•
. of land,extending or shortening the sidelines therefore to intersect with the said section line and
said west line,and 2)a ten(10)feet wide strip of land,adjoined to and parallel with the northerly
line of the above described fifty(50)feet wide Permanent Easement and Right of Way,
• extending from the west line of said section 5,to east end of the said fifty(50)feet wide
• •Permanent Easement and Right of Way,extending or shortening the sidelines therefore to
• intersect with the said section line and containing a total of 3.70 acres of land,mate or less
TEMPORARY US RRA •
Being a seventy(70)feet wide strip of land adjoined to and parallel with the southerly line of the
above described forty(40)feet wide Temporary Workspace,extending southeasterly,a distance
of 560 feet from the west line of said section 5 and containing 0.88 acre of land more or less.
THIRTY(301 FEET WIDE PERMANENT EASEMENT AND RIGHT OF WAY,NO.1
COMMENCING at a 5/8 inch iron rod with cap marking"PLS 37949'found making the
northeast corner of said Entrega Gas Pipeline,Inc.25.00 acre tract;
•
THENCE North 83°52'53"West,along the north line of the said 25.00 acre t`ect,a distance of
374.5 feet to the POINT OF BEGINNING of the herein described baseline;
THENCE partially across the said section 5,the following bearings and distances:
North 03°19'20"Eau,a distance of 146.5 feet to a point;
North 86°55'43"West,adistance of 45.7 feet to a point;
North 82°54'54"West,a distance of 276.0 feet to a point;
North 77°50'39"West,a distance of]29.8 feet to s point;
THENCE North 00°29'11"West,a distance of 668.1 feet m a point in the mouth line of that
certain called 117.8 acre tract of land described in and conveyed to Colorado intestate Gas
Company,by instrument recorded in Reception No.1836465 of the O.W.C.C.R.W.C.C.and
being the POINT OF TERMINATION of the herein described baseline,from which a 5/8 inch
iron rod found in the south line of said 117.8 acre tract of land,marking the northwest corner of
that certain called 400 feet by 400 feet site described in and conveyed to the Platt River Power
Authority,by instrument recorded under reception no.2917990 of the O.W.C.CR W.C.C.,bens ••
North 89°50'38"East,a distance of 15.0 feet,said baseline having a total length of 1,266.1 feet
or 76.73 rods,said thirty(30)feet wide Permanent Easement and Right of Way No.1,containing
0.87 acre of land,more or leas. . •
• Page S of 9
•
•
•
� I
111I11111111111I 111111I11I I 11111111111111111111 1111111
3407664 08/01/2006 12:11P Weld County, Ce
16 of 26 R 131.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
ENTREGA GAS PIPELINE,INC.
WELD COUNTY,COLORADO
UEI JOE NO.9030.000
SECTION 5.T-11-N,R-66-W,C"P.M.
TEMPORARY EASEMENT •
Being (2)strips of land,1)being a fifty(50)feet wide'strip of land adjoined to and parallel with
• the west side of the moat northerlyportion of the above described thirty(30)feet wide
Pemsanent Easvmert and Right of Way No.1,extending from the north line of the above
described Temporary Easement,which lies north of the above described fifty(50)feet wide
Permanent Easement and Right of Way,to the south line of the said 117.8 aces tract of land,and
2)being a variable width strip of land,which is bounded on the north by the south line of that
portion of the above described thirty(30)feel wide Permanent Easement and Right of Way No.
I,which rune in an east/west direction,bounded on the south by the north line of the above
described Temporary Easement,which lies north of the above described fifty(50)feet wide
Permanent Easement and Right of Way,bounded on the west by the east line.of the above
described fifty(50)wide Temporary Easement,which lies camel the west line of the said thirty
(30)feet wide Permanent Easement and Right of Way No.1,and bounded on the cast by the west
line of the most southerly call of the above described thirty(30)feet wide Panamint Easement
and Right of Way No, land containing a total of 1.51 acres of land..
THIRTY(301 FEET WIDE PERMANENT EASEMENT AND RIGHT OF WAY NO.2
COMMENCING at a 5/8 inch iron rod with cap marking"PLS 37949"found marking the
northeast corner of said Entrega Gas Pipeline,Inc.25.00 acre tract
THENCE North 83°52'53".West,along the north line of the said 25.00 acres tam of lend,a
distance of 344.5 feet to the POINT OF BEGINNING of the herein described baseline
THENCE partially across the said section 5,the following bearings and distances
North 03°19'20"East,a distance of 190.4 feet to a point •
South 86°30'33"East,a distance of 2822 feet to a point;
South 84°08' 12"East,a distance of 110.8 feet to a point in the west right of way line of
Highway 85,having a right of way width of 250 feet,and being the POINT OF EXIT of
the herein described baseline;
THENCE South se 08'12"East,•distance of 250.3 feet to a point in the east right of way line
of said Highway 85 and being the POINT OF RE-ENTRY of the herein described baseline;
South 84°08'12"East a distance of 67,4 feet to a point;
THENCE containing across a portion of the said section 5,the following bearings and distances:
North 05°50'33"East,a distance of 184.8 feet to a point;
North 04°38'52"East a distance of 156.8 feet to a point;
North 04°38'23"East,a distance of 360.5 feet to a point;
Noah 04°39'09"East,a distance of 440.7 feet to a point;
North 04°37'50"East,a distance of 279.7 feet to a poini;
North 02°58'I I"East a distance of 420.0 feet to a point
North 87°02'l2"West,a distance of 112.4 feet to a point in the east right of way line of
said Highway 85 and being the POINT OF TERMINATION of the herein described
baseline;said baseline having a total length of2,605.7 feet or 157.92 rods,from which a
5/8 inch iron rod with 2-12 inch cep marked'PLS 2209T found marking the northeast
coma-of said section 5,bears North 34°30'08"East,a distance of 1,849.6 feet,add •
thirty(30)feet wide Permanen(Easanent and Right of Way No.2,containing 1,80 acres,
more or less
•
•
Page 6 of 9
•
•
►11111►111111111►111►1111111► 1iJillLWJ' ! 111^` 17 f 26 R 13100 0 . Recorder
EXHIBIT"A"
•
ENTREGA_GAS PIPELINE,INC.
WELD COUNTY,COLORADO
UEI JOB NO.9030.000
SECTION 5,T-11-N,R-66-W,6Te P.M.
TEMPORARY P ASEMEfll
• Being three(3)scrips of land,I)a fifty(50)feet wide strip of land adjoined at and parallel with
the north and west lines of that portion of the above described thirty(30)feet wide Permanent
Easement and Right of Way No.2,which lice west of said Highway 85,extending from the north
lino of the above described thirty(30)feet wide Permanent Easement and Right of Way No: 1,to
the west right of way tine of said Highway 85,and 2)a strip of land of variable width,which is •
all of section 5,east of the said Highway 85, which is confined within the south,weal and north
lines of that portion of the above described thirty(30)feet wide Permanent Easement and Right
of Way No.2,which lies east of said Highway 85,and 3)being a variable width strip of land
adjoined to the south line of that portion of the said thirty(30)feet wide Permanent Easement
and Right of Way No,2,which lies east of the said US Highway 85 and the north line of the said
29541 acrei tract of land,extending from the east right of way of said US Highway 85,to the
west line of the that portion of the said thirty(30)feet wide Permanent Easement and Right of
Way which lies east of the said US Highway 85 and containing a total of 3.96 acres of land,
more or leas.
I
TEMPORARY USE AREA
•
Being two(2)portions of land,I)being•strip of land fifty(50)feet wide adjoined to and
. parallel with the north and west sides of the above described fifty(50)feet wide Temporary
Easement,which lies north of the thirty(30)feet wide Permanent Easement and Right of Way
•
No.2,extending from the north line of the above described thirty(30)feet wide Permanent
Easement and Right of WayNo.1,to the west right of way line of said US Highway 85 and 2)
- being a one hundred(100)feat wide strip of land adjoined to and parallel with the most northerly
and east side of the above described thirty(30)feet wide Permanent Easement and Right of Way
No.2,extending east and north from the east right of way line of said US Highway 85,a total
distance oC453 feet and containing a total of 1.51 acres of land,more or less.
•
T31IRTY(301 FEET WIDE PERMANENTEASEMENT AND.RIGHT OF WAY NO.3
COMMENCING at a 5/8 inch iron hod with cap marking"PIS 37949'foimd marking the
northeast comer of said Entrega Gas Pipeline,Inc.25.00 acre tract,
•
THENCE North 83°52'53"West,along the north line of the said 25.00 acres site,a distance of
114.5feet to the POINT OF BEGINNING of the herein described baseline;
THENCE partially across the said section 5,the following bearings and distances:
• North 03°l9'20"East,a distance of 131.8 feet to apoinq
•South 86°29'40"East,a distance of 250.7 feet to a point; •
South.84°08'10"East,a distance of 1(2.6 feet to a point in the west right of way line of
said US Highway 85,and being the POINT OP EXIT of the herein described baseline;
THENCE South 84°08'10"East,across the said Highway,a distance of 344.7 feet to a point;
Page 7 of 9
•
•
•
IIIIII 1111111111 IIII 11111111 IIII IIIIII III 111111 11111E
3407664 08101/2006 12.11P Weld ore CO
18 of 26 R 131. •
00 D 0.00 Steve Moreno Clerk& Recorder
ENTREGA GAS PIP EXFIIBI'f"A"
WELD COUNTY,COLORADO
UEI 1 01 NO.9030.000
SECTION 5,T-II-N,R-66-W,6Th P.M.
THENCE North 05°SI'50"East,adistance of 20.0 feet to a point in the north line of that
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certain called 29.541 acre tract of land described in and conveyed to the Public Service
Co malt,as successors in title to Western Gas Supply Company,by instrument recorded under
Reception No.2334986 of the O.W.C.C.R W.C.C.and being the Point of RE-ENTRY of the
herein described baseline;
THENCE continuing across a portion of the said section 5,the following bearings and
distances:
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North O5°SI'SO"East,a distance of 367.3 feet to a point;
North 03°47 02"East,a distance of 389.3 feet to a point;
North 05°0l'ST'Best,a distance of 180.3 feet to a point;
North 04°02'45"East,a distance of 202.7 feet to a point;
North 05°21'09"East,a distance of 247.4 feet to a point being the POINT OF
TERMINATION of the herein described baseline,from which a 5/8 inch iron rod with 2-1/2
inch cap marked"PLS 22097"found marking the northeast coma of said section S,bears North
24°43'43"East,a distance of 2,232.6 feet,said baseline having a total length of 1882.1 feet or
114.06 rods,and said thirty(30)feet wide Permanent Emmen!and Right of Way containing
127 acres of land,more or less.
• TEMPORARY BASEMENT
Being three
(3)strips of land,1)being a thirty(30)feet wide strip of land adjoined to and
parallel with the north line of that portion of the said thirty(30)feet wide Permanent Easement
and Right of Way No.3 which lies west of said US Highway 85,2)being a fifty(50)feet wide
strip of land adjoined to and parallel with die cast and south lines of that portion of the said
4""'" thirty(30)feet wide Permanent Easement and Right of Way No.3 which lies west of said US
Highway 85,and 3)being a twenty(20)feet wide strip of land adjoined to and parallel with the
east line of that portion of the said thirty(30)feet wide Permanent Easement and Right of Way
No.3 which lies east of said US Highway 85 and extending from the north line of the said 29.541
aerate tract of land to the termination point of the above described thirty(30)feet wide Permanent
• Easement and Right of Way No.3,and containing a total of 1.43 acres of land,mine or leas
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TFrslPORARY USE AREA •
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Being a rectangular shaped mat of land,one hundred and fifty(ISO)fad wide adjoined to and
parallel with the rest line of the above descibed twenty(20)feet wide Temporary Easement
which is adjoined to the east line of the that portion of the thirty(30)feet wide Permanent
Easement and Right of Way No.1,which lies east of the saidUS Highway 85,beginning at the
• north line of the said 29.541 acre tract of land and extending north,a distance of 153 feet and
containing 0.51 acre of lend more or leas
THIRTY 1901 FEET WIDE PERMANENT EASEMENT AND RIGH'LOF WAY NO.4
COMMENCING at a 5/8 inch iron rod with cap marking'PLS 37949"found marking the
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northeastcomc of said Entrega Gas Pipeline,Inc.25.00 acre tract,
THENCE North 83°52'53"West,along the north line of the said 25.00 acre site,a distance of
179.2 feet to the POINT OF BEGINNING of the herein described baseline;
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EXHIBIT"A"
ENTRBGA GAS PIPELINE,INC
WELD COUNTY,COLORADO •
UEI JOB NO.9030,000 •
• SECTION 5,T-11-N,R.G6-W,6'n P.M,
THENCE partially acmes the said section 5,the following bearings and distances:
North 03°13'25"East,a distance of 12.6 feet ton point;
South 86°46'35"East,a distance of 90.0 feet to a point;
South 82°37'0B"East,a distance of 139.2 feet to a point in the west right of way line of
said US US Highway 85,and being the POINT OF TERMINATION of the herein deathbed
baseline,from which a 5/8 inch iron rod with cap marked"P LS 37949'found marking the
• northeast comer of the said 25.00 acre tract of land bears South 80°13'22"West,a distance of
51.3 feet,said baseline having a total length of 241.8 factor 14.65 rods,said thirty(30)wide
Permanent Easement and Right of Way Ne.2,containing 0.17 acre of land,more or less.
'[EMPORARY'EASEMENT
Being
two(2)strips of land,..!)being a forty five(45)feet wide strip of land adjoined to and
parallel with the west and north lines of the above described thirty(30)fee wido Permanent
Easement and Right of Way No.4,extending from the north line of the said 25.00 acre tract of
land to the west right of way line of said US Highway 85,and 2)being a twenty(20)fed wide
strip of land adjoined to the south line of the said PERW No.2,extending from the east line of
the said 25.00 acre tract of land to the west right of way line of said US Highway 85,end
containing a total of 0.37 acre of land,more or leas.
NOTES:
I.A current title report was not available at the time of this survey,therefore(per client)all
easements of record may not be shown hereon.
2.All bearings herein as based upon the Universal Transverse Mercator(U'Cb),Zone 13 North
Coordinate System,NAD83 derived from GPS survey perforated by Universal Ensco,Inc,
January 2006.
3.If this description and accompanying plat arc not sealed with the raised embossing seal of the
P.LS:whose signature appears below,it should be considered as a copy and not the original
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Par reference and 8nxher information sea Dwg No.EGP 9030A 8008 rev!,prepared by
Universal Easco,Inc.,same data —
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SURVEYOR'S CERTIFICATE:
I Gary Greer,Professional Land Surveyor,registered in the state of Colorado,do hereby certify
that this survey was conducted under my supervision and that this plat or drawing represents the
facie found,on the ground,at the time of this survey.
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Date
Professional Land Surveyor
Colorado Registration No.37949
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20 of 26 R 131.00 D 0.00 Steve Morena Clerk& Recorder EXHIBIT
EXHIBIT C
TERMS OF PIPELINE RIGHT-OF-WAY EASEMENT
AND TEMPORARY USE AREAS
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ROCKIES EXPRESS PIPELINE LLC f/k/a ENTREGA GAS PIPELINE,LLC,whose
address is 370 Van Gordon Street,Lakewood,Colorado 80228,("petitioner"),hereby acquires
from the Respondent-Landowner LAZY D.GRAZING ASSOCIATION,whose address is 61400
U.S.Highway 85,Carr, Colorado 80612("Landowner")non-exclusive permanent easements and
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rights-of-way("Easement"),along with associated temporary easements and temporary use areas
("Temporary Use Areas")on,over,across,along,under and in the property described as in Exhibit
B(the"Property")hereby incorporated by reference,to enter,re-enter, occupy and use the Property
for the following purposes related to Petitioner's construction and operation of the pipeline
described in the Amended Petition in Condemnation.
A. U E OE EASEMENT ATli)TEn,IPOR ARY USEAREAS BY
right to use the Easement and Temporary PETITIONER. The
P mrY Use Areas shall belong to Petitioner and its directors,
members, officers, agents, employees, designees, contractors, guests and invitees, successors or
assigns,and all those acting by or on their behalf for the following purposes:
I Use of Easement and Tempos Tr a Area . To.locate, re-locate, survey a
route, construct, entrench, repair, maintain, replace,protect,
underground pipeline with a clp t+ inspect and valves,es a single
PPnces including but not limited to metering
equipment, erosion control equipment, electrical cable, cathodic equipment, and
communication cable(said pipeline,appurtenances, values, metering equipment,cathodic
equipment and communication cable being hereinafter sometimes collectively called the
"facilities") under and through the Property. The Easement shall carry with it the right
of reasonable ingress, egress, regress and access over, across and through said Property
for the purpose of locating, constructing,operating, inspecting,
maintaining the facilities and the removal or replacement of same at will either in whole
or in part,and the replacement of said pipeline with either like or different size pipe.
2 Term of Easement. This Easement.shall remain in force and effect for so long
as the pipeline installed pursuant to paragraph A.1 is being used or is available for use for
the transportation of oil,natural gas,petroleum products and derivatives thereof.
3 Term of TemnoraN Use Are , The Temporary Use Areas shall remain in
force and effective from the date the Petitioner obtains possession of the Temporary Use
Areas until construction of the pipeline within the Easement is complete and the
Petitioner has restored the Temporary Use Areas as required in paragraph A.7 herein.
4 Abandonment. If the Petitioner, its successors or assigns, shall abandon the
Easement or any portion of said Easement for the stated purposes of the Easement,all the
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rights of the Petitioner shall cease and terminate with respect to the Easement so
abandoned, and the title to said Easement shall be freed from the burden of said
Easement. Nonuse of the Easement or any portion thereof for the purposes of said
Easement for the period of three (3) consecutive years shall constitute an abandonment
unless such nonuse is caused by market conditions or circumstances beyond the
reasonable control of the Petitioner. In the event of an abandonment of the Easement,the
Petitioner shall deliver to the Landowner a recordable instrument evidencing that the title
to the Easement so abandoned is free and clear of the burden of said Easement and free
and clear of liens, encumbrances, clouds upon or defects in the title to said Easement
created or permitted to be created by the Petitioner.
5 Assignability. The Petitioner shall have the right to assign all or any portion
of the rights and obligations herein granted and the assignee shall assume all rights and
. obligations granted under this Terms..of Pipeline Right-of-Way Easement and Temporary
Use Areas. The Petitioner will provide the Landowner with written notice of any
assignment within thirty(30)days of the assignment.
6 Exceptions. Petitioner's rights hereunder are expressly subject to the
following:
(a) All reservations, limitations and conditions of. any underlying patents
covering the Easement or Temporary Use Areas or any portions thereof;
and the rights of any party pursuant thereto;
(b) All grants, conditions, limitations and reservations, if any, of record, or
arising by operation of law,and the rights of any party pursuant thereto;
(c) All easements or rights-of-way over or across the Easement or Temporary
Use Areas or any portion thereof,
(d) The rights of any party under any oil, gas, mineral or other leases, or
surface owners' agreement or agreements, if any, covering all or any
portion of the Easement and Temporary Use Areas, provided the exercise
of those rights do not interfere with the use and enjoyment of the terms of
this Easement or Temporary Use Area by the Petitioner;
(e) The right of the surface owner to participate in the development of the
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mineral estate by all means now known or hereafter developed;
(f) The rights of any party under any underlying deed constituting the record
chain of title unto Landowner; and
(g) Landowner retains all rights to use and enjoy the.Property subject only to
the right of Petitioner to use the same for the purposes herein expressed.
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7 Covenants, Easements and Indemnities of the Petitioner. During the term of
this Easement and the Temporary Use Areas:
(a) Petitioner shall bury the pipeline installed by Petitioner to the depth
required by federal, state and local regulation. Said pipeline shall be
constructed in the specific location and in the manner designated and
referred to herein and as shown on Exhibit B;
• (b) Range improvements; such as fencing, gates, etc., if any, within the
Easement, shall not be disturbed; or, where disturbance is necessary,
Petitioner shall restore such improvements to the original or better
condition insofar as is reasonably practicable;
(c) Petitioner agrees that it will at all dines maintain said pipeline in proper
condition and repair all breaks, damages and leaks therein and thereto at
its own expense and further that, if by reason of any break,leak or damage
in .and to said pipeline, injury to the property of the Landowner is
• sustained, then Petitioner will, with due diligence, repair and replace such
property of Landowner to the same condition as it was prior to such break,
leak or damage insofar as is reasonably practicable and Petitioner will pay
for any and all damages resulting from such break, leak or damage
sustained or incurred by Landowner within a reasonable period of time;
(d) Petitioner further agrees that, if at any time, the pipeline settles or causes
any settling in the area of the pipeline, it will make all necessary repairs at
Petitioner's sole cost and expense and pay damages, if any within a
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reasonable period of time;
(e) During construction of the pipeline, the same shall be compacted upon •
installation. In excavating for the pipeline, soils will be separated so that
the top soil and subsurface soil shall be placed back in the proper order
and leveled with the topsoil on top;
(t) Within a reasonable period of time upon conclusion of any initial
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construction or later maintenance, construction or repair work, Petitioner •
shall restore the Easement and Temporary Use Areas and any other work
area to as near their pre-existing condition as is reasonably practicable,
including the replacement and repair of any fencing, the removal of all
rocks from the Property greater than three inches (3") diameter, and
replacing any topsoil removed and disturbed..
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(g) Petitioner shall maintain adequate water breaks on all slopes,if any;
(h) Petitioner shall affect a minimum of vegetative or soil disturbance,
consistent with practical operations, and will smooth and maintain all
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disturbed areas to conform as nearly as practical with the adjacent terrain
and will provide and maintain adequate water drainage to minimize
erosion. After the initial construction of the pipeline covered by this
Easement is completed, or upon completion of any subsequent
maintenance or replacement of the facilities causing vegetative or soil
disturbance, all disturbed areas shall be restored and reseeded by
Petitioner. Petitioner agrees to re-establish all native plants and grasses
(including CRP) using such grasses, mixtures and planting materials as
reasonably required by Landowner. Landowner shall have the right to
determine the types of plantings and materials, and shall consult with the
Petitioner regarding selection of a contractor for installation and re-
establishment of such plants,grasses and planting materials at the expense
of the Petitioner,
(i) Petitioner shall control any noxious weed infestations on lands disturbed
from installation or operation of the pipeline on the Easement or
Temporary Use Areas;.
(j) Petitioner shall comply with all present and future federal, state and local
laws, rules, regulations, orders and other requirements applicable to
Petitioner's operations under this Easement, including without limitation,
laws, rules, regulations, orders and other requirements relating to the
public or employee heath and safety, pollution or protection of the
environment, and any permits, approvals or judicial or administrative
orders issued thereunder. With Landowner's written consent,,which shall
not unreasonably withheld, the terms of this Easement may be modified
from time to time with additional consideration to comply with any future
modification to federal, state and local laws, rules, regulations, orders or
other requirements;
(k) Petitioner shall give Landowner prompt notice of any of the following
occurrences arising with regard to the Property or Petitioner's activities
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r. Any spill, release, or other occurrence that constitute a
violation of the provisions of any applicable laws, rules or
regulations or this Terms of Pipeline Easement Right-of-Way and
Temporary Use Areas;and
ii. Any notices, claims. or allegations of environmental
violations or contamination received from any federal, state or local
governmental agency or authority or the filing or commencement
of any judicial or administrative proceeding by any such agency,
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(1) Petitioner shall indemnify,defend and hold Landowner harmless from and
against any and all damages, claims, causes of action, actions, losses,
liabilities, fines, costs, and expenses (including without limitation .
reasonable attorneys' fees and expenses and costs of investigation or trial)
resulting from Petitioner's failure to comply with the laws, ordinances,
rules and regulations set forth in paragraph A.7(j) or otherwise resulting
from or related to negligent operations conducted by Petitioner under this
Fncement. Petitioner shall further indemnify, defend and hold Landowner
• harmless from and against any and all damages, claims, demands, causes
of action, actions, losses, liabilities, fines, costs, and expenses (including
without limitation reasonable attorneys' fees and expenses and costs of
investigation or trial) arising out of damage to livestock and property or
injury to or death of Landowner's employees or any other person or party,
• where such injury, death•or damage occurs as a result of the Petitioner's
negligent operations under this Easement;
(m) Petitioner shall indemnify and hold Landowner harmless from and against
• any and all claims and liens upon the Easement for labor or materials
furnished to Petitioner,
(n) Access to and egress from the Easement and Temporary Use Areas shall
be limited to direct access from established public roadways or access
from those ranchroads identified by Landowner as access roads.
Petitioner shall provide 24 hours notice of its intent to enter and begin
construction. Petitioner will be responsible for any and all actual damages
relating to its use of such access roads; including but not limited to any
actual damages resulting from cattle or livestock straying out of the fenced
area. Petitioner will assure that all gates are kept closed and locked, if
applicable, after any entry by Petitioner. Petitioner will assure that at any
times that the access roads are being utilized and any and all gates on the
access roads are utilized are guarded, while.open, so as to keep cattle and
livestock within the fenced areas and keep unauthorized persons from
entering the Property. In addition, after construction is completed,
Petitioner may utilize access roads under the same conditions as herein
stated for necessary pipeline maintenance and repair at no additional cost.
(o) Petitioner shall be liable to Landowner for any and all actual damages or
physical injuries arising out of'or relating to the actions of any agent,
employee, contractor, subcontractor, guest or invitee resulting from the
negligent actions or omissions of the Petitioner,
(p) All operations hereunder shall be conducted by Petitioner in a fair and
reasonable manner, and all necessary precautions shall be taken to avoid
damage to gates, bridges, culverts, cattle guards, fences, dikes and other
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stock watering facilities. All damage to the above-named facilities shall
be reported to Landowner within twenty-four (24) hours and shall be
repaired by Petitioner within a reasonable period of time, as nearly as
practicable to the condition existing prior to such operations. Any public
hazard, such as a damaged bridge or culvert,caused by Petitioner's use of
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the Easement,shall be marked or barricaded and proper steps taken for the
repair thereof by Petitioner,
(q) Petitioner shall maintain with financially sound and reputable insurance
• companies or associations, insurance in an amount that a reasonable,
prudent operator would deem sufficient to satisfy all damage and
indemnity claims that may arise hereunder. Petitioner shall provide to
Landowner from time to time, at Landowner's request, evidence of
maintenance of any required insurance.
8 Taxes. Landowner shall pay all county taxes assessed against the Easement
based on the present valuation thereof. Petitioner shall pay all county taxes, if any,
assessed against the easement because of additional value placed thereon for tax
assessment purposes by reason of improvements placed upon the Easement by Petitioner,
and Petitioner shall, within thirty (30) days after written notice from Landowner,
reimburse Landowner for Petitioner's share thereof.
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9 Specific Enforcement. The Easement and Temporary Use Areas are
specifically enforceable, and in the event of either party's default with respect to any of
the covenants and Easements hereunder on its part to be kept and performed, the
defaulting party shall pay to the non-defaulting party all costs and expenses of enforcing
the Easement and Temporary Use Areas, or in pursuing any remedy provided hereunder
or by the statutes of the State of Colorado,whether such remedy is pursued by filing suit
or otherwise, including reasonable attorney's fees. Venue for any action shall be in Weld
County,Colorado.
10 Water Rights. Petitioner shall not have the right to use, and shall not take and
use, any water stored on or flowing through the Fasrment or Temporary Use Areas or
originating from water wells on the Easement during the entire life of this Easement
without the written consent of Landowner, which may be withheld in the Landowner's
sole and absolute discretion.
11 Warranty. Landowner makes no warranty, express, implied or statutory with
respect to the Property,the Easement or the ownership thereof.
B. USE OF EASEMENT AND TEMPORARY USE AREAS BY LANDOWNER.
Petitioner's use of the Easement and Temporary Use Areas hereunder shall be non-exclusive.
The Landowner reserves the right to cultivate, use and occupy the land covered by the Easement
consistent with the rights and privileges herein granted and which will not materially interfere
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with or endanger any of the facilities within the Easement or use thereof by the Petitioner. Such
reservation by the Landowner shall in no event include the right to construct any buildings or
other permanent or temporary improvements, to impound water,to change the grade on or over
the Easement, or to plant any trees or shrubs within the Easement. Landowner shall indemnify,
defend and hold Petitioner harmless from and against any and all damages, claims, demands,
causes of action, actions, losses; liabilities, fines, costs, and expenses (including without
limitation reasonable attorneys' fees and expenses and costs of investigation or trial) arising out
of damage to Petitioner's.underground pipeline and facilities or injury to or death of Petitioner's
employees or any other person.or party, where such injury, death or damage occurs as a result of
the Landowner's negligent operations on the Property
C. NOTICES. Any notice to be given to Landowner or Petitioner hereunder shall be
in writing and shall.be delivered personally, sent by overnight courier, sent by facsimile, or
mailed in the United States Mail, certified mail,return receipt requested, to the addresses of the
Landowners and Petitioner above set forth in the first paragraph of this Terms of Pipeline Right-
of-Way Easement and Temporary Use Areas.
D. APPLICABLE LAW: This Terms of Pipeline Right-Of-Way Easement and
Temporary Use Areas shall be interpreted and enforced in accordance with the laws of the State
of Colorado, except to the extent that it will be necessary to comply with federal laws, rules and
regulations.
E. BEnFiTs AND BLIttflENS. The benefits and burdens of this Terms of Pipeline
Right-Of-Way Easement and Temporary Use Areas shall be binding upon and shall inure to the
benefit of the Petitioner and the Landowner, their heirs, assigns, successors and personal
representatives.
F. CONSTRUCTION Whenever used herein, the singular number shall include the
plural,the plural the singular;and the use of any gender shall be applicable to all genders.
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