HomeMy WebLinkAbout20052452.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF PIPELINE AND RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - KERR-MCGEE GATHERING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Agreement for Relocation of Pipeline and
Right-of-Way between the County of Weld,State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Kerr-McGee
Gathering, LLC,commencing 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 Agreement for Relocation of Pipeline and Right-of-Way between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Kerr-McGee Gathering, LLC be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of August, A.D., 2005.
it 1 1_ /J% BOARD OF COUNTY COMMISSIONERS
` /��(/+/GL WELD COUNTY, COLORADO
•
' �owes William H erke, Chair
`f 7 Clerk to the Board
N*( 1 NA 0heA,
`
M. eile, C
:z- Pro-�Tem
BY: [�� - ca Eat
Deputy Clerk to the Board
DVd7AAng
Vdney APS l
Glenn Vaad
Date of signature: /` /1'
2005-2452
EG0052
Aet
MEMORANDUM
TO: Clerk to the Board DATE: August 11, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Attached are three duplicate original Agreements for Relocation of Pipeline and Right-of-Way
with Kerr-McGee Gathering on WCR 13.
Kerr McGee currently has a permanent easement and gas line along the eastern ROW line on WCR
13 from WCR 2 to WCR 4. The new road alignment will impact their existing gas line and other
above-ground facilities; therefore, requiring relocation. The county has already acquired the
necessary easements from Kirkmeyer and Jacor for this relocation. Kerr McGee is prepared to
relocate their facilities upon signing this agreement as to avoid conflicts with the WCR 13 road
construction project scheduled to begin within a few weeks.
Upon Chair's signature, please return two original Agreements to Public Works as soon as
possible.
pc: Wayne Howard, Senior Engineer
Keith Meyer, Engineering Manager
M:U'rancie\Agenda-Kerr-McGee Gathering.doc
re en-5-
2005-2452
i .
AGREEMENT FOR RELOCATION OF PIPELINE AND RIGHT-OF-WAY
THIS AGREEMENT ("Agreement") is entered into this 3rd day of August, 2005, by and between
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
commissioners, whose address is 915 10'" Street, Greeley, Colorado 80631 ("COUNTY") and Kerr-
McGee Gathering LLC ("KMG"), a Colorado limited liability company, whose address is 1999 Broadway,
Suite 3600, Denver, Colorado 80202.
RECITALS
A. KMG is the successor in interest to Right-of-Way Grants ("Rights-of-Way") across a
portion of the N/2 of Section 31 Township 1 North, Range 67 West of the 6th P.M. in Weld County
Colorado. The Rights-of-Way were originally conveyed to Panhandle Pipeline Eastern Company and KN
Gas Gathering, Inc, for natural gas pipeline purposes. The instruments were recorded June 2" , 1975,
under reception number 1664229, May 20th, 1980, under reception number 1825309, and December 11'h,
1998, under reception number 2660006, of the records of the Weld County Clerk and Recorder.
B. Duane C. Kirkmeyer and Barbara Jean Kirkmeyer ("Kirkmeyer') and Jacor Broadcasting
of Colorado, Inc. ("Jacor"), are the current owners of a portion of the N/2 of Section 31 of Township 1
North, Range 67 West, 6th P.M., Weld County, Colorado(the"Property").
C. County plans to expand the boundaries of WCR 13 to 140 total feet in width. Said
expansion of WCR 13 will encroach KMG's 236-4" pipeline, 360-4" pipeline, 09-8" pipeline, 97-02-4"
pipeline and the appurtenant valve site, and subject easements within and upon Kirkmeyer and Jacor
properties.
D. In order to accommodate the expansion of WCR 13, KMG agrees to release a portion of
the Rights-of-Way lying within and across the Property, in consideration therefore, County agrees to
provide replacement rights-of-way, and appurtenant surface facility grant, on Kirkmeyer and Jacor
properties so that KMG's pipelines and appurtenances can be physically relocated and operated.
NOW, THEREFORE, in consideration of the covenants contained herein and the mutual benefits
to be derived, KMG and WELD COUNTY agree as follows:
1. Partial Release. KMG shall provide and execute a Release of Right-of-Way (Exhibit"A")
relinquishing and quitclaiming unto COUNTY, Kirkmeyer and Jacor, the Rights-of-Way insofar, and only
insofar, as the pipelines cross or lie within the Property. Said Release of Rights-of-Way will be provided
after the physical relocation of the pipelines, appurtenances and the tie-in of the relocated pipelines.
2. Conveyance of Replacement Right-of-Way. COUNTY hereby agrees to arrange for the provision
and delivery to KMG executed and recordable replacement rights-of-way (Exhibit B) and appurtenant
surface facility grant(Exhibit C) conveying unto KMG, its successors and assigns, perpetual rights-of-way
and easement within the Kirkmeyer and Jacor properties. The Replacement Rights-of-Way shall be for the
purposes of, and convey rights to survey, construct, install, maintain, inspect, operate, repair, replace,
modify, change the size of, reconstruct, mark, monitor, abandon or remove, at KMG's election, one
pipeline and all appurtenances, above or below ground, reasonably necessary or convenient for the
transportation or transmission of oil, gas, petroleum products, water, hydrocarbons, and any other
substances, whether fluid or gaseous, and any products, derivatives, combinations or mixtures of any of
the foregoing. The width of the Replacement Rights-of-Way during construction shall be fifty (50') feet on
the Jacor properties and twenty (20') feet on the Kirkmeyer properties, and subsequent to construction
shall be thirty (30') feet on the Jacor properties and twenty (20') feet on the Kirkmeyer properties. The
dimension of the Surface Facility Grant shall be twenty feet(20') by fifty feet(50').
3. Title and Authority. COUNTY represents and warrants to KMG that COUNTY has full power, right
and authority to enter into this Agreement. COUNTY further represents and warrants that there shall be
no conflicting or senior rights of way or easements lying within or across the Replacement Rights-of-Way.
4. Pipeline Relocation Expense. KMG has prepared a good faith estimate of the costs and
expenses to be incurred in the pipeline relocation project and a summary of those costs and expenses is
set forth on Exhibit "D" hereto. Upon execution of this Agreement, COUNTY will pay KMG the total
estimated cost of pipeline relocation, which is $73,416.00. It is understood that this amount is only an
estimate and that COUNTY shall be obligated to pay or reimburse KMG for all actual cost and expenses
related to the Pipeline relocate. Upon conclusion of the relocation, the parties shall reconcile the costs
incurred and payments made, with appropriate adjustments and reimbursements to COUNTY or
supplemental payments to KMG being made within ninety (90) days after the pipeline relocation is
completed.
5. Amendments. This Agreement cannot be modified, except by a written agreement signed by both
parties hereto.
6. Binding Effect. The rights granted herein may be assigned in whole or in part, and the terms,
conditions, and provisions of this Agreement shall be a covenant running with the Property and shall
extend to and be binding upon the heirs, executors, administrators, personal representatives, successors,
and assigns of WELD COUNTY and KMG.
1111111 11111 11111 11111 11111 1111111 11111 III 11111 IIII IIII
3318013 08/30/2005 02:42P Weld County, CO
1 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
cos—,a9,5-O7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
/�ATTEST: /41ie Jam` BOARD OF COUNTY COMMISSIONERS
�Rq ���` OF WELD COUNTY, STATE OF COLORADO
V`J
Weld County Clerk to the Board
Deputy Clerk to the Boa William H. Jerke, Chairman
AUG 1 7
2005
KERR-MCGEE GATHERING LLC
a Colorado limited liability company
By its Manager,
Kerr-McGee Rocky Mountain ion
By: 1
Ja es P. W- o Atf rney-in-Fact
STATE OF COLORADO
)ss.
COUNTY OF WELD ) •SP:g.et/t9
The foregoing instrument was ack I�tbed before i tt /7r' day of August, 2005, by
&wit STf?eifE , as P' litIRON e , on behalf of Weld County,
Colorado. KAHL
Witness my hand and official Seal. 9•. : O
F°
My Commission Expires: TO�OFCO�p
My Commission Expires May 15,2006
Nry Public:
(SEAL)
STATE OF COLORADO
CITY AND ) ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this 3r°day of August, 2005, by James P.
Wason, as Attomey-in-Fact of Kerr-McGee Rocky Mountain Corporation, in its capacity as Manager of
Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company.
Witness my hand and official Seal.
My Commission Expires: June 18,2008
No Public: Scott R. Knutson
f,_,- r Parker, CO 80134
u 1+ n 'L o
I111111
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°WO-as/sa
$
RIGHT-OF-WAY GRANT
THIS RIGHT-OF-WAY GRANT ("Grant) is made this 14th day of July, 2005, from DUANE C.
KIRKMEYER, whose address is 1636 Weld County Road 13, Brighton, Colorado 80603 and BARBARA JEAN
KIRKMEYER, whose address is 6100 Weld County Road 4, Brighton, Colorado 80603 ("Grantor"), to KERR-
MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1999 Broadway, Suite 3600,
Denver, Colorado 80202 ("Grantee"). The parties agree as follows:
For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Kerr-
McGee Gathering, LLC, its successors and assigns, a right-of-way and easement to survey, construct, maintain,
inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at
Grantee's election, one pipeline and all below ground appurtenances, convenient for the transportation or
transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid
or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under,
or through the lands situated in Weld County, State of Colorado, being described as follows:
TOWNSHIP 1 NORTH, RANGE 67 WEST, 6TH P.M.
Section 31: Part of the W/2NW/4
The specific route and course of the right-of-way and easement conveyed hereby ("Right-of-Way
Lands") is more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the
Right-of-Way Lands during construction shall be twenty feet (20'), and subsequent to construction shall be
twenty feet(20').
Grantors represent and warrant to Grantee that Grantors are the sole owner in fee simple of the Right-
of-Way Lands and have full right, power and authority to make this Grant.
Grantee shall lay all pipe at a minimum depth of not less than 48 inches measured from the top of the
pipeline. Grantee shall repair and/or restore any fence on or adjacent to the Right-of-Way Lands removed,
damaged or severed by Grantee in the course of the operations provided for in this Grant. If necessary to
prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences.
Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and
enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's
lands lying adjacent to the Right-of-Way Lands for any and all purposes necessary and incidental to exercising
Grantee's rights hereunder. Grantee agrees to make reasonable attempts to notify the Grantor of any intent to
access the Right-of-Way Lands. Grantors agree not to build, create, construct or permit to be built, created or
constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements
over, under, on or across the Right-of-Way Lands without prior written consent of Grantee. Grantor reserves the
right to cross the Right-of-Way Lands with roads and/or utility lines, provided that all below ground crossings of
the pipeline will be made with a minimum of eighteen (18") inches of separation and are subject to all safety and
encroachment standards. Grantor agrees that prior to any crossings, Grantor shall obtain the consent of the
Grantee and said pipeline crossings will be made as near as possible to 90 degrees to the pipeline.
Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantors for any
damages resulting from Grantee's activities and operations on the Right-of-Way Lands to include, but not be
limited to present and future installations, construction, maintenance, alteration, repairing, replacing,
reconstruction and removal of pipeline and facilities on the Right-of-Way Lands. Grantee shall indemnify and
hold Grantor harmless from and against any and all loss, damage or injury which may result from the
construction, operation and maintenance of the pipeline, provided that said loss, damages or injury does not
arise out of or result from the actions of the Grantor, his agents or employees. Grantors shall have the right to
use and enjoy the Lands, subject to the rights herein granted.
This Grant cannot be modified, except in writing signed by all parties hereto.
The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions
of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and
assigns of Grantor and Grantee.
Grantee shall promptly take measures to restore the surface of the ground to its former condition, as
nearly as reasonably practicable. Grantee further agrees to level and restore any lands that may have excessive
settling and sufficiently compact the soil within a reasonable period of time after completion of construction.
This Grant may be executed in counterparts each of which shall be considered one and the same
agreement.
1111111 11111 11111 11111 IT 111111 11111 III 11111 11111111
3318013 08/30/2005 02:42P Weld County, CO
3 of 14 R 0.00 D 0.00 Sieve Moreno Clerk & Recorder
(�
C� tvp-.
IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written.
Gran GRANTEE:
Pine KERR-MCGEE GATHERING LLC, a Colorado
vane C. Kirkmeyer limited liability company
By its Manager, Kerr-McGee Rocky
.A_L .ic_ 't — ,�� :.& Mountain corporation
1bara Jean Kirkmeyer
By:
James ason, Attorney-in-Fact
STATE OF COLORADO )
// )ss. .......
COUNTY OF l/t/EL A ) = AY p .`�`
The foregoing instrument was acknowl51.geff before me this L,. day o July, 2005, by Duane C. Kirkmeyer.
i t VICKY 1 ; ,
Witness my hand and official seal. i 1 SPRAGUE : i
l7r 0.,,
111 It.....,......`O _.r ry Publ : �...:
My Commission Expires: �� C�=
MY WMYIp_N 1 .MOW
007
STATE OF COLORADO )
COUNTY OF /�VF,b )ss. _�pAY PU .`\T
'
The foregoing instrument was acknowledged before me thisz,-t!• day of Ju 2005, by Barbara Jean Kirkmeyer.
C VICKY i j y
Witness my hand and official seal. i i SPRAGUE t j ' / .
i CA
, r
1 a-%
1`\ EOF Ct". ublic:
My Commission Expires:
MT i, UXPWS:01162007
STATE OF COLORADO )
CITY AND )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this J Cr day of Awe A�- 2005, by
James P. Wason, as Attorney-in-Fact of Kerr-McGee Rocky Mountain Corporation, in its capacity as Manager of
Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company.
Witness my hand and official Seal.
OKIA.4 4,
`,.
M Notary Public:
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1 111111511 Mitt 11111 1111111 11111 III 111111111 till
3318013 08/30/2005 02:42P Weld County, CO
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2
EXHIBIT C
GAS LINE EASEMENT DESCRIPTION
1528-203-070.01 3070-GAS-22-1.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 02408453,WELD COUNTY PUBLIC
RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE 6T"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 31 BEARS N 00°25'19"W AND MONUMENTED AS FOLLOWS:
-THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM CAP, L.S. 12374.
-THE NORTHWEST CORNER OF WHICH BEING A 3.25"ALUM CAP, L.S.22098.
COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31;
THENCE N 89°43'13"E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 A
DISTANCE OF 132.07 FEET TO THE POINT OF BEGINNING;
THENCE N 06°57'38"W A DISTANCE OF 26.44 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N 03°41'28"W
A DISTANCE OF 334.18 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 06°32'18"
AND AN ARC LENGTH OF 334.36 FEET;
THENCE N 00°25'19"W A DISTANCE OF 964.63 FEET;
THENCE N 89°47'19"E A DISTANCE OF 30.00 FEET;
THENCE S 00°25'19"E A DISTANCE OF 964.52 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S 03°41'28"E
A DISTANCE OF 330.76 FEET,HAVING A RADIUS OF 2900.00 FEET,A CENTRAL ANGLE OF 06°32'18"
AND AN ARC LENGTH OF 330.94 FEET;
THENCE S 06°57'38"E A DISTANCE OF 29.96 FEET TO A POINT ON SAID SOUTH LINE OF NORTHWEST
QUARTER OF SECTION 31 FEET;
THENCE S 89°43'13"W ALONG SAID SOUTH LINE A DISTANCE OF 30.21 FEET TO THE POINT OF
BEGINNING;
CONTAINING 39,763 SQ.FT.OR 0.9128 ACRES MORE OR LESS.
I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF
COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
„tti17,..... :,..
tlo
l
CHRISTOPHER H.McELVAIN,PROFESSIONAL LAND SURVEYOR % j 36561 z;cc %
COLORADO REGISTRATION NO.36561,FOR AND ON BEHALF OF '. •. 7 / u O 5
JeHN ENGINEERING,INC. 5855 WADSWORTH BYPASS#A-100 l oV. ' i
ARVADA, CO. 80003 Iltil`\` ,;_ .µi$4-=
111111111111111111111111111111111111111III111111111111 'WL
3318013 08/30/2005 02:42P Weld County, CD
5 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WC 5W C°R SEC 25 EXHIBIT MAP C
FOUND 2 /2 PIPE
WITH 3-1/4' ALUM. CAP
LS 6116, UP 0.8' • _-
5277 ofi' en Ai SHEET OF 2
N89'43'25E N89'48'56'E 2623.64'
•
NW COR SEC 31 N1/4 COR SEC 31
FOUND #6 REBAR FOUND #6 REBAR
WITH 3 1/4' ALUM. CAP �L WITH 3 1/4' ALUM. CAP
LS 22098. 1994 1' LS 22098, 1994
III BARBARA
4KIRKMEYER
61 80' mom d
i c2
o,8
I. U C
d
I « DUANE KIRKMEYER o
s ie° —n—
.m __ft N 0 Z Q1
I SR W dam
-N
E ,L Iri
LINE TABLE 0 150 300 No 0
l rc110 LI N0657'38'W 26.44' — o
_�
cc z" L2 N89'4T79'E 30.00' —o c
q� 1 INCH = 300 FEET -o
.0 -I L3 50657'38'E 29.96' DATE: 8.27.04 04
0 0
6 L4 589'43'13°W 30.21' -m o
§‘a
� I co
c,m ilE ��
1 :11 .o •R /,p ' i o
g 1I�1,1I i
:(LEf s�e�m11� —M�z 4-i PARCEL 22 I 'F'- fio' so' L:.1 w O.N. FC25031308 t y:0 j
w M of 146931000009 /( 56� /
m l.':lh JACOR BROADCASTING & COLORADO INC. i�IIIIIA�'• I 2.O
ES
fN 4695 S. MONOCO ST. 1 ...1(//47
•
g DENVER, CO. 80237 )IllIlli
m REC. NO. 02408453 �1y, aL LANG
≤ 1.1 SITE: 502 WCR 13 \.........
1.x'1
yki XII NOTE
$pl '- THIS IS NOT A LAND SURVEY PLAT OR
i alitil IMPROVEMENT SURVEY PLAT. NO MONUMENTS
it WERE SET FDR THE PREPARATION OF
!• a gl.:.Id' EASEMENT 39,763 S.F.GAS UNE THE ATTACHED LEGAL DESCRIPTION.
o 1-1 EXHIBIT MAP A
< hi WELD COUNTY ROAD 13
JACOR BROADCASTING k CO ORADO INC.
4 6.3008• tz1 NW 1/4 SEC 31, LAN., R.67W. 6TH PM,
w
L-334.36'- W COUNTY OF WELD, STATE OF COLORADO
CB*N 03'}1 6' W1 I0I d 0632'18'
CD,334.16' I :1 I LL-�yg00,00' EASEMENT AREA 39,763 S.F.
POINT
OF COMMENCEMENT
I-Iw I CB3S0034I'28' E GAS LINE EASEMENT
W1/4 COW SEC 31 i-1 I CD-330.76 JN. 1528-03-070.011 3070-GAS-22-1
FOUND #6 REBAR
IMiTH 2-1/2' A.C. J M3
5 89'40'19" W LS 12374. 1993 • SOUTH UNE OF THE NW 1/4 OF SECTION 31 u 0 -4;:..D
1- � JeHN
N
2639.32' 4 N89'43'13'E 52]6.00' 'Ir L.� 7�'";
C1/4 COW SEC 36 POINT OF E1/4 COR SEC 31 F" ENGINEERING JE
FOUND #6 REBAR BEGINNING FOUND #6 REBAR 5955 WADSWORTH BYPASS,4-100
WITH 3 1/4' ALUM. CAP WITH 3-1/4• ALUM. CAP 11 ARVADA.CO 80003
LS 6973. 1995, ON 1.0' N 89'43'13" E LS 6973, 1997 ��' PH-(303)421E036 RAx 0031467-9430
132.07 WWWJEHNENGINEERINGCOM
RIGHT-OF-WAY GRANT
CIS
THIS RIGHT-OF-WAY GRANT ("Grant) is made this 7 day of "r' ' , 200j from Jacor
Broadcasting of Colorado, Inc., a Colorado Corporation ("Grantor"), to ERR-MCGEE GATHERING LLC, a
Colorado limited liability company, whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202
("Grantee"). The parties agree as follows:
For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantors hereby grants, conveys and warrants unto Grantee,
its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect,
operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at
Grantee's election, one pipeline and all appurtenances, below and/or above ground, convenient for the
transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances,
whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing,
in, on, over, under, or through the lands situated in Copy State of Colorado, being described as
follows: WE4d
TOWNSHIP 1 NORTH. RANGE 67 WEST. 6T" PM
Section 31: See attached Gas Exhibit"A", gas line easement description
The specific route and course of the right-of-way and easement conveyed hereby ("Right-of-Way
Lands") is more particularly described on Exhibit "C" Gas Line Easement Description attached hereto and made
a part hereof. The width of the Right-of-Way Lands during construction shall be fifty feet (o), and subsequent
to construction shall be thirty feet(30'). Y
Grantors represent and warrant to Grantee that Grantors are the sole owner in fee sim a of the Right-
of-Way Lands and have full right, power and authority to make this Grant.
Grantee shall lay all pipe at a depth of not less than 48 inches. Grantee shall repair and/or restore any
fence on or adjacent to the Right-of-Way Lands removed or severed by Grantee in the course of the operations
provided for in this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct
temporary gates or fences.
Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and
enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's
lands lying adjacent to the Right-of-Way Lands for any and all purposes necessary and incidental to exercising
Grantee's rights hereunder. Grantors agree not to build, create, construct or permit to be built, created or
constructed, any obstruction, building, fence, landscaping, reservoir, engineering works or other structures or
improvements over, under, on or across the Right-of-Way Lands without prior written consent of Grantee.
Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantors for any
damages resulting from Grantee's activities and operations on the Right-of-Way Lands; and, Grantors shall pay
for, reimburse, indemnify and hold Grantee harmless from any and all claims or damages resulting from
Grantor's activities on the Right-of-Way Lands. Grantors shall have the right to use and enjoy the Lands, subject
to the rights herein granted.
This Grant cannot be modified, except in writing signed by all parties hereto.
The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions
of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and
assigns of Grantors and Grantee.
Grantee agrees to level and restore any lands that may have excessive settling and sufficiently compact
the soil within a reasonable period of time after completion of construction.
This Grant may be executed in counterparts each of which shall be considered one and the same
agreement.
IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written.
Grantor: Grantee:
Jacor Br--dcasti . of Colorado, Inc Kerr-McGee Gathering LLC
a Color:d Co ..ra on By its Manage err-McGee
Rocky Mo��rpor n
By:I' , LJ ��r By:
ames P. ason, Attorney-in-Fact
1111111 11111 11111 11111 11111 1111111 11111 III 11111 1111 1111
3318013 08/30/2005 02:42P Weld County, CO
7 of 14 R 0.00 D 0.00 Steve Moreno Clerk$ Recorder
UseR 4 Ep
STATE OF COLORADO
)ss.
COUNTY OF 4detc.
R ` 2005
The foregoing instrument was acknowledged before me this La day of f 2t3t
by /vtMtK ReM1N6, Ton/
Witness my hand and official Seal.
My Commission Expires:
O8 -06—OS otary Public:
LEON W SIEVERS
NOTARY PUBLIC
STATE OF COLORADO $
O
STATE OF COLORADO
CITY AND )ss.
COUNTY OF
zoos;
The foregoing instrument was acknowledged before me this ECt-
day of 29821, by
James P. Wason, as Attorney-in-Fact of Kerr-McGee Rocky Mountain Corporation, in its cap city as Manager of
Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company.
Witness my hand and official Seal.
My Commission Expires: ��'2 D cet. 014—
VL L'9/ yr Public
Notary Pu� c
Age
Ry•.
•
zeOF cov-
INCIONINNINIEtp 03124/2008
1 111111 11111 11111 11111 11111 1111111 11111 III 11111 1111 IIII
3318013 08/30/2005 02:42P Weld County, CO
8 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT C
GAS LINE EASEMENT DESCRIPTION
1528-203-070.01 3070-GAS-22-1.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND RECORDED AT RECEPTION NO.02408453,WELD COUNTY PUBLIC
RECORDS AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE 6'"PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 31 BEARS N 00°25'19"W AND MONUMENTED AS FOLLOWS:
-THE WEST QUARTER CORNER OF WHICH BEING A 2.25"ALUM. CAP, L.S. 12374.
-THE NORTHWEST CORNER OF WHICH BEING A 3.25"ALUM. CAP,L.S.22098.
COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31;
THENCE N 89°43'13"E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 31 A
DISTANCE OF 132.07 FEET TO THE POINT OF BEGINNING;
THENCE N 06°57'38"W A DISTANCE OF 26.44 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N 03°41'28"W
A DISTANCE OF 334.18 FEET,HAVING A RADIUS OF 2930.00 FEET,A CENTRAL ANGLE OF 06°32'18"
AND AN ARC LENGTH OF 334.36 FEET;
THENCE N 00°25'19"W A DISTANCE OF 964.63 FEET;
THENCE N 89°47'19"E A DISTANCE OF 30.00 FEET;
THENCE S 00°25'19"E A DISTANCE OF 964.52 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S 03°41'28"E
A DISTANCE OF 330.76 FEET,HAVING A RADIUS OF 2900.00 FEET,A CENTRAL ANGLE OF 06°32'18"
AND AN ARC LENGTH OF 330.94 FEET;
THENCE S 06°57'38"E A DISTANCE OF 29.96 FEET TO A POINT ON SAID SOUTH LINE OF NORTHWEST
QUARTER OF SECTION 31 FEET;
THENCE S 89°43'13"W ALONG SAID SOUTH LINE A DISTANCE OF 30.21 FEET TO THE POINT OF
BEGINNING;
CONTAINING 39,763 SQ.FT.OR 0.9128 ACRES MORE OR LESS.
I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF
COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
ip
/ o L,o ttl0CHRISTOPHER H. McELVAIN,PROFESSIONAL LAND SURVEYOR .'e sr 36561 zoCOLORADO REGISTRATION NO.36561,FOR AND ON BEHALF OF i . , i
JeHN ENGINEERING,INC. 5855 WADSWORTH BYPASS #A-100 /I o y. s
ARVADA, CO.80003 111:1/44i: •' .pSt>
‘\ IAN
I IIIIII III" 11111 11111 11111 IBM HMI VIII IIII IIII
3318013 08/30/2005 02:42P Weld County, CO
9 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SURFACE FACILITY GRANT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency which is hereby acknowledged, DUANE C. KIRKMEYER, whose
address is 1636 Weld County Road 13, Brighton, Colorado 80603 and BARBARA JEAN KIRKMEYER,
whose address is 6100 Weld County Road 4, Brighton, Colorado 80603 ("GRANTOR"), for themselves,
their heirs, successors and assigns, hereby grants to KERR-MCGEE GATHERING LLC, a Colorado
limited liability company, whose address is 1999 Broadway, Suite 3600, Denver, Colorado, 80202, its
successors and assigns ("GRANTEE"), the exclusive right to locate and operate a surface facility upon a
tract of land in Weld County, Colorado, to wit:
TOWNSHIP 1 NORTH, RANGE 67 WEST, 6'"P.M.
Section 31: part of the NW/4NW4
See Exhibit "A" attached hereto and made a part hereof which describes the location of the
surface facility in more detail (the"Surface Facility Lands").
GRANTEE, its employees, agents, invitees, and contractors, shall have the right to install,
maintain, inspect, replace, erect, operate, and remove an above ground oil and gas related facility
including risers, launchers, receivers, valves, pipes, fittings, meters, and other related equipment
("Operations") on the Surface Facility Lands. Said surface facility site shall be approximately 20 feet by 50
feet in dimension. Additionally, GRANTEE shall have the right of ingress and egress to the Surface
Facility Lands across GRANTEE'S existing easement rights for purposes related to GRANTEE'S
operations on the Surface Facility Lands.
GRANTOR and GRANTEE further agree as follows:
1. GRANTEE shall comply with all applicable state and local regulations;
2. GRANTEE shall make reasonable efforts to limit traffic to and from the Surface Facility Lands;
3. GRANTEE shall indemnify and hold GRANTOR harmless from any and all claims for damages of
any nature or character which may arise out of GRANTEE'S operations, including without limitation
damages or injuries to livestock, persons, personal property, and real property;
4. Upon termination of the grant, GRANTEE shall remove all equipment, structures, and facilities on
the Surface Facility Lands and restore the surface to a condition which is as near as practicable to its
condition prior to disturbances caused by GRANTEE'S operations;
5. GRANTEE shall fence the Surface Facility Lands in a manner adequate to protect the
GRANTOR'S livestock;
6. GRANTEE shall maintain the Surface Facility Lands free of weeds and litter; and,
7. This Grant may be executed in two or more counterparts all of which shall be considered one and
the same agreement.
This agreement shall be binding upon the parties, their respective heirs, successors, and assigns.
Executed this 2.2— day of July, 2005, but effective as of the date of first construction by GRANTEE on the
Surface Facility Lands.
Gran/tgq`a' � GRANTEE:
/�/�� KERR-MCGEE GATHERING LLC, a Colorado
Buar�e C. Kirkmeyer limited liability company
P By its Manager, Kerr-McGee Rocky
�u ( `-,'`L12-A.- ,'t A"7.t 'IL_' '� Mountain corporation
rbara Jean Kirkmeyer / �
By: 1
Ja es P. W:son, Attorney-in-Fact
11111111111IVIIIVIIIVIII1111111VIIIIII111111IIIIlll
3318013 08/30/2005 02:42P Weld County, CO
10 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
WcA hcMm kl,N,
STATE OF COLORADO )
)ss.
COUNTY OFc'LD )
The foregoing instrument was acknowledged before me this (22.A day of July, 2005, by Duane C.
Kirkmeyer.
Witness my hand and official seal. f�'� ••• - --c \4,
Notary ' blt:' y
My Commission Expires: if N SPRAGUE ,;psi
MY COMMMIMN WMMM.01.104007
STATE OF COLORADO )
)ss.
COUNTY OF Gt/c L_A )
The foregoing instrument was acknowledged before me this dd?v2 day of Jul 2005, by Barbara Jean
Kirkmeyer. -� •����\
SW fiti
Witness my hand and official seal. ;,Z..?', ..-el
Nota`^ . c: S
Yci
S• GUE 1f
My Commission Expires: ,�.• C,
'7.. .•QP f OF 6O
MY COMMM00N cXMIMS:01-10.1007
STATE OF COLORADO )
CITY AND )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this I VI- day of 2005, by James P.
Wason, as Attorney-in-Fact of Kerr-McGee Rocky Mountain Corporation, i its capacity as Manager of
Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company.
Witness my hand and official seal. atuuk
tiE
Notary Public: e
My Co '_ r i*F*:
/82C..........
'I OF CC`F --
LJC lilic: Expires 0.3/242008
1111111 11111 11111 VIII 11111111111111111 III 111111 III IIII
3318013 08/30/2005 02:42P Weld County, CO
11 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
K-M EXHIBIT""A"
GAS LINE EASEMENT DESCRIPTION
1528-203-070.01 3070-GAS-I 1 C-2.DOC
SHEET 1 OF 2
A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 31,
TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE 6'"PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE
OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 31 BEARS N 00°25'19" W AND MONUMENTED AS FOLLOWS:
-THE NORTHWEST CORNER OF WHICH BEING A 3.25"ALUM. CAP,L.S. 22098.
-THE WEST QUARTER CORNER OF WHICH BEING A 2.5"ALUM CAP, L.S. 12374.
COMMENCING AT SAID WEST QUARTER CORNER OF SECTION 31;
THENCE N 00°25'19"W ALONG THE WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF
2532.20 FEET;
THENCE N 89°47'19"E A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING;
THENCE N 00°25'19"W A DISTANCE OF 20.00 FEET;
THENCE N 89°34'41"E A DISTANCE OF 50.00 FEET;
THENCE S 00°25'19"E A DISTANCE OF 20.00 FEET;
THENCE S 89°34'41"W A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,000 SQ.FT.OR 0.0230 ACRES MORE OR LESS.
I,CHRISTOPHER H.McELVAIN,A SURVEYOR LICENSED IN THE STATE OF
COLORADO,DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING.
t
CHRISTOPHER H. McELVAIN,
PROFESSIONAL LAND SURVEYOR %/P I er i
COLORADO REGISTRATION NO.36561, V. .
FOR AND ON BEHALF OF II� r , Z /O ��
JeHN ENGINEERING,INC. i1 • '
5855 WADSWORTH BYPASS#A-100 ‘�\‘ ' L
ARVADA,CO. 80003
IIIIIIIVIIIVIIIVIIIVIIIJI" !D!!1UL! "
11 III Bill III
IIII
3318013 08/30/2005 02:4 W C0
12 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
' wC 5F' D SEC 25
1 EXHIBIT MAP A
FOUND 2 1/Y PIPE NW COR SEC 31
WI 3-1/4; ALUM. CAP FOUND /6 REBAR
LS 671g. UP 0.8' WITH 3 1/4' ALUM. CAP
LS 22098, 1994 WCIR 4
5277.06' SHEET 2 OF 2
Si
N89'4}'25'E _ e _ NB9'48'56'E _ 262}.84'
N00'25'19'W I I I N89'34'41'E S00'25'19'E
20.00, may 't
N1/4 FOUND OR SEC 31
#6 REBAR
WITH 3 1 4 ALUM. CAP
N 89'47'19" ET/ GAS UNE LS 22098, 1994
110.00' / I EASEMENT
POINT OF 1,000 SQ. Fi.
11589'34'41'W
H 50.00' BARBARA KIRKMEYER as
'O
6O' 80' MP CON ESMT o
3 CE-I1C-2 0
H.
CD
'0 CC
2 -�4i3
U Y
�_ y
n a'U
el
U Oi N = °
Z r = 1 22
& O c3 .-
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9:3 B� s
COLORADO BOULEVARD m h —v v:
INDUSTRIAL LTD. $g iNi
wog
€ PARCEL 11C C
O.N. FC25031304 momm
—_10 C
o 146931200028 —o
o
_ i DUANE KIRKMEYER & 0 150 300 'N c
BARBARA KIRKMEYER =M c
6100 WELD CO. RD. 4 =m
_ a
BRIGHTON, CO. 80601cm
REC. NO. NOT AVAILABLE 1 INCH = 300 FEET ' r
NO SITE ADDRESS DATE: 1.20.05 �m c
ii T
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es F ` I e 0 0 \\1)
IC I
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561 >:•o .
\ Jl 2; S
\
s ' eo' OD
n
\ p., \ .In o
F
\
\ o.,, \ F m 3 NOTE:
'^ THIS IS NOT A LAND SURVEY PLAT OR
w Y IMPROVEMENT SURVEY PLAT. NO MONUMENTS
\ c1
> WERE SET FOR THE PREPARATION OF
\ `Y \
I JACOR BROADCASTING & COLORADO INC. THE ATTACHED LEGAL DESCRIPTION.
\, �C.. \ o REC. NO. 02408453 EXHIBIT MAP A
\ ?,'. • WELD COUNTY ROAD 13
` DUANE KIRKMEYER
BARBARA KIRKMEYER
\' ` <a NW 1 4 SEC 31 T.1 N. R.67W. 6TH PM,
� \ COUNTY OF WELD, STATE OF COLORADO
\\ �
I I GAS UNE EASEMENT
\ \ I I AREA 1,000 S.F.
T OF ! I I E1/4 COR SEC 31 GAS UNE EASEMENT
COMMENCEMENT FOUND #6 REBAR
aye cop,SEc Di I I WITH 3-1/C ALUM. CAP JN. 1528-03-070.0113070-GAS-11C-2
FOUND #6 REBAR LS 6973, 1997
VIIIH 2-1/Y A.2.
S 89'40'19" W FOUND 1993,� N89'43'13 E a JeH N
2639.32' `� \W., i 5276.00' Y _ �'i
�1
C1/4 COR SEC 36 \ `, , I ENGINEERING.1
FOUND 016 REBAR 1 - / 6955wAOBWORM BYPASS.4-100
WITH 3 1/C ALUM. CAP \ - NwADA 0080003
LS 6973, 1996. ON 1.0 ! RL\, � wmv.e' WYMI J912480N FM MI 487-9486
1 �ENBIEEnrxicaM
Exhibit "D"
\ KERR-McGEE PIPELINE ESTIMATE
ROCKY MOUNTAIN CORPORATION Time& Material
TO: Kevin Osif DATE: 12J14/2004
FROM: Jim Philips WRITTEN REQUEST DATE 12/14/2004
METERtxpension Updated-WCR 4&13 Relocate 1/2812C05 w/o gas a transport LEASE NAME !mansion Updated-WCR 4&13 Relocate 1/25/2005 we Oat&tanspoe
WELL OPERATOR: Weld County Public Works METER OPERATOR/SHIPPEF Weld County Public Works
CONTRACT NO.
PIPELINE LOCATION 0 1/4 SEC. 31 Township 1N Range 67W
Road Coordinates WCR 4&13
PRODUCTION LOCATION 0 1/4 SEC. 31 Township 1N Range 67W
Road Coordinates WCR 4&13
WELD COUNT FORMATION N/A COUNTY Weld STATE CO
ROUTE NO.
DATE RECEIVED BY CONSTRUCTION COORDINATOR
CONTRACT REVIEW
TUBE: SIMPLEX= SENIOR=
SIZE: 2'= 3"= fl
METER: DRY FLOW = EFMf
SAMPLER: =YES ENO =ROC 503-SINGLE
COM. =YES =NO =ROC 407-DOUBLE
LAUNCHER =YES ENO fROC 407-TRIPLE
RECEIVER =YES =NO =ROC 407-QUAD
BYPASS =YES ENO
Field Meeting SIZE FOOTAGE LABOR MATERIAL
Cost Estimate Pipe/mat./fittings 4 2,673' $23,800 $24,059
Meter Stataion $0 $0
ROW $2,500 $0
Hydro-Test/Water Disposal $2,000 $0.
Painting Meas.Station/Receiver/Launcher $3,000 $0
Misc. Eng./Gravel, Primer,Tape,Anodes,
Hot Tap Fittings,Line Markers,Test Stations _ $0 $8,479
TOTAL $31,300 $32,539
SUB TOTAL $63,839
Federal Gross Up Tax $0
Administrative Overhead $9,576 _
AFE NUMBER 844031 TOTAL BEFORE REIMBURSEMENT $73,414
TOTAL REIMBURSEMENT $73,416
GRAND TOTAL GATHERING OBLIGATION $0
DECISION
START CONSTRUCTION CONSTRUCTION COMPLETE
Accounting Code
1 111111 11111 11111 11111 11111 1111111 11111 111 111111111 III'
3318013 08/30/2005 02:42P Weld County, CO
14 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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