HomeMy WebLinkAbout20072890.tiff District Court, Broomfield County, Colorado,
17 DesCombes Drive
Broomfield, CO 80020
303-441-3750
Petitioner: Broomfield Urban Renewal Authority
v. Court Use Only
Respondents: Northlands Colorado, LLC; et al.
Mark E. May, Attorney for Petitioner Case No. 2006CV 148
May and Associates, P.C.
8008 E. Arapahoe Court, Suite 100
Centennial, CO 80112-6839 Division: A
Phone: 720-529-1300 Fax: 720-529-4818
Registration No. 12049
E-mail: mmay@mayandassociates.com
STIPULATED SETTLEMENT AND UNOPPOSED MOTION TO ENTER RULE AND
ORDER
The Broomfield Urban Renewal Authority (hereinafter `BURA"), EnCana Oil & Gas
(USA) Inc., a Delaware Corporation ("EnCana"), Kerr-McGee Oil & Gas Onshore, LP, a
wholly-owned subsidiary of Anadarko Petroleum Corporation (successor-in-interest to Kerr-
McGee Rocky Mountain Corp., a Delaware corporation),Northlands Colorado, LLC, a Delaware
limited liability company ("Northlands") and the Colorado Department of Transportation
("CDOT") enter into the following Stipulated Settlement Agreement and Unopposed Motion for
Entry of Rule and Order.
1. Respondents Northlands and CDOT hereby state that they are owners of record of
fee simple title to the property described in Exhibit A attached hereto and incorporated herein by
this reference (hereinafter "Premises") and the mineral estate associated with the Premises.
Northlands is the selected redeveloper of the Premises. Farmers Reservoir and Irrigation
Company and Weld County, Colorado are the apparent owners of a portion of the Premises.
2. The undersigned parties agree that the accurate legal description for the property
rights being taken by BURA herein is described in Exhibit B attached hereto and incorporated
herein by this reference.
3. Respondent EnCana states that it is the successor to the lessees under the Oil and
Gas Leases listed on Exhibit C attached hereto (the "Leases"). EnCana, as a successor mineral
leasehold owner in and to the Leases, owns certain working interests in the Leases, and is the
designated Operator of an existing well, the Kats B Unit I Well (the "Kats Well"), presently
located on the Premises. EnCana represents that it has the authority to enter into this Agreement
on behalf of all of the working interest owners in the Kats Well.
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(7C di /9L (4 2007-2890
4. Respondent Exco Resources, Inc. is the lessee, owner of certain working interests,
and operator of a second well, known as the K & R Livestock #1 Well (the "K&R Well"). Said
well is "shut in" and not producing at the present time.
5. The Premises also are subject to the Pipeline Rights-of-Way Agreements and
Easements described in Exhibit D attached hereto (the "Easements"). EnCana is the successor
owner in and to the Easements. The Easements grant certain rights to EnCana to lay, construct,
reconstruct, replace, repair, maintain, operate, change the size of, increase the number of, and
remove pipelines and appurtenances thereof, for the transportation of oil, petroleum, gas, other
hydrocarbon substances thereof, within a strip of land fifty feet wide as described in the
Easements. Certain of the Easements describe routes, or portions thereof, for flowlines
constructed to gather petroleum products from individual wells on the Premises. Some of the
facilities located in the Easements are for the transportation of natural gas and hydrocarbon
substances from other lands and wells not specifically described or identified in this Stipulated
Settlement.
6. The Royalty Owners described herein constitute all of the royalty interest owners
with an interest in the Wells located on the Premises and with an interest in the Drilling Unit
formed by the Unit Declaration dated December 6, 1985, and recorded in the records of Weld
County, Colorado, in Book 1102, Reception No. 02042014, as amended.
7. The following Respondents have entered an appearance or otherwise filed a
responsive pleading in this case:
a. Colorado Department of Transportation
b. Ken-McGee Rocky Mountain Corporation
c. EnCana Oil & Gas (USA) Inc.
d. EnCana Oil & Gas (USA) Inc. as successor-in-interest to EnCana Energy
Resources, Inc.
e. LaSalle Bank, N.A.
f. Northlands Colorado, LLC
8. The following parties have disclaimed any interest in the case and have been
dismissed:
a. Vessels Coal Gas, Inc., dba Vessels Oil & Gas Company
b. Vessels Gas Processing, Inc. aka Vessels Hydrocarbons, Inc.
c. Robert S. Calvert individually and as representative of the Calvert 1986
Irrevocable Trust
d. Amoco Production Company nka BP America Production Company
e. SOCO Wattenberg Corporation and Snyder Oil Corporation (nka Noble
Energy, Inc.)
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9. The following parties have not answered or otherwise appeared in this case to
date:
a. Gail D. Kats, individually and as Trustee of The Margaret Kats Revocable
Trust
b. Ten-il Koops, Personal Representative of the Estate of Aloise E. Ramaker
aka Aloise Ramanker, Deceased
c. Sam Kats and Betty J. Kats, Trustees of The Betty J. Kats Living Trust
and The Sam Kats Living Trust
d. Children's Community Foundation, Trustee of The Sam Kats and Betty
Kats Charitable Remainder Unitrust
e. The Farmer's Reservoir and Irrigation Company
f. Weld County, Colorado
g. Denver Ten LLC, a Nevada limited liability company
h. Exco Resources, Inc.
i. Julie S. Harrington
j. Century Stimulation and Engineering LLC
k. Chris Ann Borla
1. Colorado National Bank—Northeast nka US Bank National Association
m. Wells Fargo Bank,N.A.
n. Endowment Energy Partners, LP
o. Mineral Resources, Inc.
P. FirsTier Bank nka Compass Bank
q. The Elizabeth N. Doores Trust
r. Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L.
Niven Revocable Trust and the Grant V. Niven Revocable Trust
s. William E. Johnson, Trustee of the Elda Mae Johnson Revocable Living
Trust
t. Elda Mae Johnson, Individually and as Personal Representative of the
Estate of George E. Johnson
u. JP Morgan Chase Bank, N.A.
10. Petitioner was unable to locate and serve pleadings on the following parties.
Research was done attempting to locate a service address for these parties and no accurate
addresses were found.
a. Henry and Rachel Weber aka Henry and Rachel Webber
b. Charles E. Wright and Roberta M. Wright
c. Colorado Gas Development Ltd.
d. Southwestern Eagle, L.L.C.
e. Mission Oil Corporation
f. MW Petroleum Corporation
g. MW Corporation
h. Basin Exploration, Inc.
11. The undersigned interested parties have agreed with BURA as to the
compensation to be paid for the taking of the property described in Exhibit B, including
compensation for any claim for damages, prejudgment and post-judgment interest, attorneys fees
3
and costs including expert witness fees and will not oppose the forthwith entry of a Rule and
Order condemning and conveying said property upon the payment of compensation as set forth
herein and upon the terms and conditions set forth herein:
a. The total compensation for the property interests described in Exhibit B is
$1,668,000.00. The parties agree that BURA may deduct from the compensation to be paid the
amount to which Northlands would be entitled as an owner of royalty interests in the SE 'A.
Initially Northlands' royalty interest will be assumed to be an amount which would entitle it to
14.80815% of the total compensation and BURA will deposit $1,421,000 into the Court's
registry. The actual amount of Northlands' royalty interest will be determined upon Northlands
providing evidence satisfactory to EnCana of Northlands' ownership of its royalty interest within
180 days of the signing of this Settlement. If Northlands' interest is determined to be an amount
such that it is entitled to less than 14.80815% of the total compensation, BURA, on behalf of
Northlands, will deposit into the Court's registry an additional amount such that the total deposit
shall equal $1,668,000.00 less the appropriate amount attributable to Northlands' actual
ownership interest. If another mineral interest owner makes a claim for compensation for the
interest assumed to be owned by Northlands then, in the event that such a claim cannot be
resolved by and between the parties, any such claim shall be resolved in accordance with C.R.S.
38-1-105 (3). In the event any such claimant is deemed by the court to have a compensable
interest that reduces the royalty interest of Northlands, BURA, on behalf of Northlands, will
promptly deposit with the court a sum equal to the compensable interest of the claimant. If the
Northlands' interest is determined to be more than 14.80815%, Northlands will be entitled to
withdraw from the court a portion of the $1,421,000 initially deposited equal to the amount
attributable to that additional percentage of ownership if said funds have not been withdrawn by
EnCana. In the event the deposited funds have been withdrawn by EnCana then EnCana will
promptly refund to Northlands the additional funds which it is owed.
b. EnCana will plug and abandon the Kats Well at its sole cost and expense
as set forth herein and convey and/or assign its rights under the Leases, insofar as the Leases
cover the Premises, to BURA.
c. Northlands will plug and abandon the K & R Well at its sole cost and
expense as set forth herein.
d. The pipelines, equipment and other appurtenances associated with the
Kats Well located on the Premises will be removed by EnCana at its sole cost and expense and
all such appurtenances removed will remain the property of EnCana. Any easement or other
interest of record not described in Exhibit D attached hereto that is associated with the Kats
Well, pipelines, equipment or appurtenances shall be conveyed and/or assigned to BURA by
EnCana upon the removal of said pipelines, equipment and appurtenances by EnCana.
e. The pipelines, equipment and other appurtenances associated with the K &
R Well will be removed by Northlands at its sole cost and expense.
f. EnCana and Northlands agree to comply at their sole expense with all
regulations, orders, agreements and permit conditions imposed by the Colorado Oil and Gas
Conservation Commission related to plugging and abandoning or other oil and gas activities
occurring on the Premises or related to the Wells. EnCana and Northlands shall deliver within a
reasonable time to BURA copies of all required well abandonment reports, plugging verification
4
reports, and all other required reports filed with the Colorado Oil and Gas Conservation
Commission relating to the plugging and abandonment work contemplated herein.
g. The settlement funds shall be forthwith invested by the Court in an interest
bearing account.
h. EnCana shall have the right to apply to the Court for disbursement of said
funds upon successful completion of plugging and abandoning the Kats Well and removal of the
flowlines and appurtenances associated with said Well. The Clerk of the Court shall disburse
the settlement funds to EnCana upon EnCana's filing of the well abandonment report and the
plugging verification report with the Court.
i. EnCana hereby covenants and agrees that at the time of the execution of
this Agreement, EnCana is the record operator of the Kats Well and lessee under the Leases with
the right to make use of the surface of the Premises.
12. To the extent any pipeline is located on the Premises that is for the transport of
natural gas and hydrocarbon substances from other lands and wells not specifically described or
identified in this Stipulated Settlement, the parties agree that the pipeline may remain in place, or
in the event the pipeline conflicts with the development planned for the Premises, it shall be
relocated at the sole cost and expense of Northlands to a location that is mutually agreed upon
by and between the parties hereto. Northlands shall grant EnCana an easement and right-of-way
• in a form acceptable to EnCana for the portion of EnCana's gathering system pipeline located in • •
the northwest corner of the Premises shown on Exhibit E attached hereto.
13. BURA shall take "subject to" the interests of CDOT and Northlands identified in
the Petition in Condemnation filed herein.
14. Exhibits A through E are hereby incorporated into this Stipulated Settlement by
this reference.
15. Signature in counterparts and by telefaxed copy of this Stipulated Settlement shall
be deemed effective and have the same effect as original signatures.
16. The court shall retain jurisdiction to enforce the terms and conditions of the Rule
and Order, and this Stipulation following entry of the Rule and Order herein.
17. Each attorney executing this Stipulated Settlement and Unopposed Motion to
Enter Rule and Order("Settlement Agreement") represents that his or her client has approved the
terms of this Settlement Agreement and authorized him or her to execute this Settlement
Agreement on that client's behalf.
WHEREFORE, BURA prays for forthwith entry of the Rule and Order herein.
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DATED this day of 2007.
Respectfully submitted,
MAY AND ASSOCIATES, P.C. ICENOGLE, NORTH, SMITH &BLIESZNER
A Professional Corporation
Mark E. May(12049) Edward J. Blieszner(11161)
Special Counsel to the Broomfiel Paige L. Mackey (29887)
Urban Renewal Authority Attorneys for EnCana Oil & Gas (USA) Inc. and
EnCana Energy Resources, Inc.
DAVIS & CERIANI, P.C. HOLME ROBERTS & OWEN, LLP
Edward R. Gorab (30239) Richard F. Rodriguez (25105)
Attorneys for Northlands Attorneys for Kerr-McGee Oil & Gas Onshore, LP,
Colorado, LLC • A wholly owned subsidiary of Anadarko Petroleum
Corporation
JOHN W. SUTHERS
Attorney General
Gregg E. Carson (25460)
Attorneys for CDOT
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DATED this day of 2007.
Respectfully submitted,
MAY AND ASSOCIATES, P.C. ICENOGLE,NORTH, SMITH&BLIESZNER
A Prof-ssional Corporation
•
Mark E. May(12049) Edward . B>:z'er 1161)
Special Counsel to the Broomfield Paige L. • e (298 7)
Urban Renewal Authority Attorneys for En ana Oil&Gas (USA)Inc. and
EnCana Energy Resources, Inc.
DAVIS & CERIANI, P.C. HOLME ROBERTS & OWEN, LLP
Edward R. Gorab(30239) Richard F. Rodriguez(25105)
Attorneys for Northlands Attorneys for Kerr-McGee Oil& Gas Onshore,LP,
Colorado,LLC A wholly owned subsidiary of Anadarko Petroleum
Corporation
JOHN W. SUTHERS
Attorney General
Gregg E. Carson(25460)
Attorneys for CDOT
6
DATED this day of 2007.
Respectfully submitted,
MAY AND ASSOCIATES,P.C. ICENOGLE,NORTH, SMITH& BLIESZNER
A Professional Corporation
Mark E. May (12049) Edward J. Blieszner(11161)
Special Counsel to the Broomfield Paige L. Mackey(29887)
Urban Renewal Authority Attorneys for EnCana Oil& Gas (USA)Inc. and
EnCana Energy Resources,Inc.
DAVIS &CERIANI,P.C. HOLME ROBERTS & OWEN, LLP
II _A-
Edward R. Gorab (30239) Richard F.Rodriguez(25105)
Attorneys for Northlands Attorneys for Kerr-McGee Oil & Gas Onshore,LP,
Colorado,LLC A wholly owned subsidiary of Anadarko Petroleum
Corporation
JOHN W. SUTHERS
Attorney General
Gregg E. Carson(25460)
Attorneys for CDOT
6
DATED this day of 2007.
Respectfully submitted,
MAY AND ASSOCIATES, P.C. ICENOGLE,NORTH, SMITH&BLIESZNER
A Professional Corporation
Mark E. May(12049) Edward J. Blieszner(11161)
Special Counsel to the Broomfield Paige L. Mackey(29887)
Urban Renewal Authority Attorneys for EnCana Oil &Gas(USA) Inc. and
EnCana Energy Resources, Inc.
DAVIS &CERIANI,P.C. HOLME ROBERTS &OWEN, LLP
Edward R. Gorab (30239) Richard drtguez(2 0
Attorneys for Northlands Attorneys for Kerr-McGee Oi &Gas Onshore, LP,
Colorado, LLC A wholly owned subsidiary of Anadarko Petroleum
Corporation
JOHN W. SUTHERS
Attorney General
Gregg E. Carson (25460)
Attorneys for CDOT
6
•
DATED this M day of . U jj 2007.
Respectfully submitted,
MAY AND ASSOCIATES, P.C. ICENOGLE,NORTH, SMITH&BLIESZNER
A Professional Corporation
Mark E. May(12049) Edward J. Blieszner(11161)
Special Counsel to the Broomfield Paige L.Mackey(29887)
Urban Renewal Authority Attorneys for EnCana Oil &Gas (USA) Inc. and
EnCana Energy Resources, Inc.
DAVIS &CERIANI, P.C. HOLME ROBERTS &OWEN, LLP
Edward R. Gorab (30239) Richard F. Rodriguez(25105)
Attorneys,for Northlands Attorneys for Kerr-McGee Oil &Gas Onshore, LP,
Colorado,LLC A wholly owned subsidiary of Anadarko Petroleum
Corporation
JOHN W. SUTHERS
Attorney General
c. e
egg t. L L3460)- _
Attorneys for OT
6
•
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the above and foregoing
Stipulated Settlement Agreement and Unopposed Motion to Enter Rule and Order via
Courtlink or by depositing same in the U.S. Mails, postage prepaid, this f(c day of AtAjt-Ct
2007, to:
Mikaela V. Rivera, Esq.
Otten, Johnson, Robinson, Neff& Ragonetti, P.C.
950 17th Street, Suite 1600 •
Denver, CO 80202
Attorney for LaSalle Bank, N.A.
Gail D. Kats, individually and as
Trustee of The Margaret Kats Revocable Trust
10185 East Lake Drive
Englewood, CO 80111
Terri! Koops,
Personal Representative of the
Estate of Aloise E. Ramaker
aka Aloise Ramanker, Deceased
2235 S. Cherry Street
Denver, CO 80222-5004
Sam Kats and Betty J. Kats, Trustees
of The Betty J. Kats Living Trust and the
The Sam Kats Living Trust
591 Park Street
Route 2 Box 13
Phillipsburg, KS 67661
Children's Community Foundation,
Trustee of The Sam Kats and Betty Kats
Charitable Remainder Unitrust
591 Park Street
Route 2 Box 13
Phillipsburg, KS 67661
The Farmer's Reservoir and Irrigation Company
a Colorado corporation
Albert F. Sack, Reg Agt
80 South 27th Avenue
Brighton, CO 80601
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Weld County, Colorado,
a quasi municipal corporation
c/o Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Denver Ten LLC
a Nevada limited liability company
Kevin E. Burke, Resident Agent
3365 Wynn Road, Suite A
Las Vegas, NV 89102
Susan L. Aldridge, Esq.
Beatty & Wozniak, P.C.
216 16th Street, Suite 1100
Denver, CO 80202
Attorney for SOCO Wattenberg Corporation, and
Snyder Oil Corporation (nka Noble Energy, Inc.)
Exco Resources, Inc.
CT Corporation, Registered Agent
1675 Broadway
Denver, CO 80202
Julie S. Harrington
2236 S. Jackson
Denver, CO 80210
Century Stimulation and Engineering LLC
Nelson E. Williams, Member/Manager
2583 S. Balsam Street
Lakewood, CO
Chris Aim Borla
546 Sherman
Potter,NE 69156
Colorado National Bank -Northeast
nka US Bank National Association
The Corporation Company, Registered Agent
1675 Broadway
Denver, CO 80202
Wells Fargo Bank, N.A.
Corporation Service Company, Reg Agt
1560 Broadway
Denver, CO 80202
8
Endowment Energy Partners, LP
Corporation Service Company, Registered Agent
2711 Centerville Road, Suite 400
Wilmington DE 19808
Mineral Resources, Inc.
a Colorado Corporation
Charles Bewley, Registered Agent
370 17th Street, Suite 4800 •
Denver, Co 80202
FirsTier Bank
nka Compass Bank
Timothy D. Wiens, Registered Agent
11210 Huron Street
Northglenn, CO 80234
The Elizabeth N. Doores Trust
1373 North Cherry Street
Galesburg, IL 61401
Margret L. Niven and Grant V. Niven,
Co-Trustees of the Margret L. Niven Revocable Trust
and the Grant V. Niven Revocable Trust
215 S.W. Yorkshire Road
Topeka, KS 66606
William E. Johnson, Trustee of the Elda Mae
Johnson Revocable Living Trust
2805 Brockett Avenue
Yakima, WA 98902
Elda Mae Johnson, Individually and as
Personal Representative of the Estate of George E. Johnson
2805 Brockett Avenue
Yakima, WA 98902
JP Morgan Chase Bank, N.A.
CT Corporation System, Reg Agent
350 N. St. Paul St.
Dallas, TX 75201 // >#4C--6-1>- .
#4 )
(/' C �'- mil` /
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EXHIBIT A
TO STIPULATED SETTLEMENT AND UNOPPOSED MOTION
TO ENTER RULE AND ORDER
Southeast Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield
County, Colorado
•
EXHIBIT B
TO STIPULATED SETTLEMENT AND UNOPPOSED MOTION
TO ENTER RULE AND ORDER
All rights of oil and gas mineral lessees and mineral owners in and to the Southeast
Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County,
Colorado (the "Quartersection");
all rights of any Royalty Owners to an interest in the oil and gas mineral rights and interests in
the Quartersection, including rights arising pursuant to the inclusion of their interests in the
Drilling Unit formed by the Unit Declaration dated December 6, 1985, and recorded in the
records of Weld County, Colorado, in Book 1102, Reception No. 02042014, as amended;
all easements described in Exhibit D to the Stipulated Settlement of which this Exhibit B forms a
part;
all rights in and to the Kats B Unit 1 Well located in the Quartersection;
all rights in and to the K& R Livestock#1 Well located in the Quartersection;
all non-salvageable surface or subsurface improvements, fixtures, pipelines or other facilities
presently located in, on or under the Quartersection utilized in conjunction with the Kats B Unit
1 Well and the K & R Livestock #1 Well or by the mineral owners or lessees to the extent said
improvements, fixtures or pipelines are not relocated by Petitioner.
EXHIBIT C
TO STIPULATED SETTLEMENT AND UNOPPOSED MOTION
TO ENTER RULE AND ORDER
T 1N R68W
SEC 34 E2
LEASE NO LESSOR LESSEE LEASE RECOR LEGAL DESCRIPTION
DATE DING
ENTRY
17101.000 K&R LIVESTOCK JOSEPH CHARLES 8/27/1984 1983193 T IN R68W
COMMISSION C BORLA JR
SEC 34 W2SE, SESE,
•
NESE,LESS AND EXCEPT
TRACTS CONTAINING
32.659 ACRES IN THE
E2SE
17102.000 FARMERS RESERVOIR& VESSELS OIL&GAS 9/27/1985 2027633 T 1N R68W
IRRIGATION COMPANY
SEC 34 A 5.48 AC TRACT
IN THE NE AS
DESCRIBED IN WD REC
• ' INBK314;PG300; &A
0.189 AC TRACT IN THE
SENE DESCRIBED IN WD
REC IN BK 663,
RECEPTION 1585075
17103.000 COLORADO DEPT OF Mission Oil Corporation 7/24/1985 2018974 T 1N R68W
HIGHWAYS
SEC 34 TWO TRACTS IN
E2SE AS DESCRIBED IN
EXHIBIT"A"TO LEASE
171 37.000 WELD COUNTY Vessels Oil&Gas , 8/17/1987 2115128 T IN R68W
COLORADO Company
SEC 34 TWO TRACTS OF
LAND IN THE SE
AS DESCRIBED IN
EXHIBIT"A"ATTACHED
TO LEASE
18988.000 FARMERS RES AND IRR Snyder Oil Corporation 1/20/1992 2277600 T IN R68W
COMP
SEC 34 A 12.83 AC TRACT
IN SE DESCRIBED IN
BOOK 406,PAGE 293
•
EXHIBIT D
TO STIPULATED SETTLEMENT AND UNOPPOSED MOTION
TO ENTER RULE AND ORDER
T 1 N, R 68 W, Section 34, SE 'A:
1. Right-of-Way Agreement signed on March 15, 1986 and March 17, 1986 and recorded
on March 31, 1986 at reception number 02048200 in the real property records of Weld County,
Colorado with K& R Livestock Commission Co as Grantor and Vessels Oil & Gas Company as
Grantee.
2. Right of Way Easements and Licenses dated March 17, 1986 and recorded on June 23,
1986 at reception number 02058160 in the real property records of Weld County, Colorado with
Farmers Reservoir & Irrigation Company as First Party and Vessels Oil & Gas Company as
Second Party.
1
EXHIBIT
•
EXHIBIT E CAS UNE EXHIBIT FOR SECTION 34, TIN, R6OW, 8TH PM, N£1D COUNTY
TO STIPULATED SETTLEM I MAP :S A CIS EXHIBIT AND DOES NOT REPRESENT A BOUNDARY SURVEY.
AND UNOPPOSED MOTION
TO ENTER RULE AND ORDER
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EXHIBIT MAP Q . FOUND SURVEY MONUMENT
SCALE 1'x200' la
C 200 —EER—= GAS UNE—ENCANA
PIPELINE LOCATION CERTIFICATE GU.I —GAS UNE MARKER
MIS EXHIBIT WAS PREPARED AT THE REQUEST OF DALE HAYHURST OF GWS ..GAS WARNING SIGN
ENCANA OIL AND GAS (USA) INC.
NM
1, BEARINGS SHOWN ON THIS MAP ARE BASED UPON GPS OBSERVATIONS MADE I HEREBY CERTIFY THAT : E,LOCATION
ON 03/27/2007 BY KIPPER GOLOSBERRY BETWEEN THE CENTER 1/4 TO N. CERTIFICATE WAS PREPA' C,,IN±•R.MY.'.RESPONSIBLE
1/4 CDR. OF SECTION 34, TIN. R66W, OF THE 6TH P.M., HAVING A BEARING CHARGE ON 04/03/.?OQ `FOR • 'Ott BEHALF OF ENCANA
OF NOO'23'21'E, AS MONUMENTED AND SHOWN HEREON. OL AND GAS (USA)'IN':4HA'I f NOT`RS Loys1D SURVEY
PLAT OR AN IMPRO?I�� T: Y PLAT,iAND:THAT IT IS
2 THE PIPELINE LOCATION SHOWN HEREON 15 BASED ON FIELD LOCATION OF GAS NOT TO BE REUED 1U'! ` ESTABL:ISJBMENT DF FENCE,
WARNING SIGNS AND UNDERGROUND UTIUTY LOCATOR FLAGS AND/OR PAINT BUILDING, OR OTHER ' IMPROVEMEN.T LINES.
MARKS. THE POSITIONAL TOLERANCE OF THE PIPEUNE LOCATION IS BASED ON — " F 's 7') : fz E.
THE LOCATOR'S POSITIONAL TOLERANCE WHICH ACCORDING TO UNCC _ y..
GUIOEUNES AND COLORADO LAW IS EIGHTEEN INCHES (18') EITHER SIDE OF PETER D. STEGER ''.
THE MARK AND THE SURVEYOR'S POSITIONAL TOLERANCE ESTIMATED AT 0.2 COLORADO REGIS1pEO.,PI;OFESSIONAL,• ,`4'�`
FOOT FOR A TOTAL UNCERTAINTY OF 1.7 FEET. NO INFORMATION SHOWN ON LAND SURVEYOR N .`z 77. ..••' w
THIS CERTIFICATE RELIEVES ANY PARTY FROM COMPLYING WITH COLORADO'S i'L f�' I I;'' `\\S
'ONE CALL LAW". DATE: K/�T, �7
(If IIIItP.1,1'
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED drexel
UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST rt s_ group
DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY Civi1�dl
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE E.C.ncenr. •Pianrung•Su^'errM
OF THE CERTIFICATION SHOWN HEREON. 1857 Lennand Circle.Sure A 4 Lorgn nl,CCbodo 80501.(3C3)C82.1131
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