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l IIIHI I�III NIIIII III 11111 MIN III IIIII IIII IIII
2664186 606/0412001 04:13P JA Suld Tsukamoto
1 of 4 P 20.00 0 0.00 Weld County CO
SURFACE DEED
i8‘' STATE OF COLORADO §
COUNTY OF WELD §
AMOCO PRODUCTION COMPANY, a Delaware corporation, with an office at 501
WestLake Park Boulevard, Houston, Texas 77079 ("Grantor"), for ten dollars ($10.00)
, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, does hereby grant, sell and convey, unto DUKE ENERGY FIELD
SERVICES, LP, a Delaware limited partnership, with an office at 370 17th Street, Suite
900, Denver, Colorado 80202 ("Grantee"), all of Grantor's right, title and interest in and to
the SURFACE ESTATE OR INTERESTS IN LAND ONLY associated with that certain tract
of land described in Exhibit "A" attached hereto and incorporated herein by reference
("Surface Interest') and Grantor warrants title to the same as against all those claiming
by, through or under Grantor, BUT NOT OTHERWISE.
TO HAVE AND TO HOLD the Surface Interest subject to the following terms and
conditions:
1. Agreements. This Surface Deed is made subject to and Is burdened by the
terms, covenants and conditions contained in any contracts, agreements and
instruments of record in the real estate records of Weld County, Colorado associated
with or burdening the Surface Interest; and on and after the Effective Time, Grantee
agrees to be bound by, assume the obligations arising under, and perform all of the
terms, covenants and conditions contained therein.
• 2. Compliance With Laws: This Surface Deed is made subject to all applicable
• laws, statutes, ordinances, permits, decrees, orders, judgments, rules and regulations
which are promulgated, issued or enacted by a governmental entity or tribal authority
having jurisdiction, and Grantee agrees to comply with the same on and after the
Effective Time.
3. No Third Party Beneficiaries. Nothing contained in this Surface Deed will
entitle anyone other than Grantor or Grantee or their authorized successors and assigns
to any claim, cause of action, remedy or right of any kind whatsoever.
4. Successors and Assigns. The terms, covenants and conditions contained in
this Surface Deed are binding upon and inure to the benefit of the Parties hereto and
their respective successors and assigns, and such terms, covenants and conditions are
covenants running with the land and with each subsequent transfer or assignment of the
Surface Interest, or any part thereof.
5. Purchase and Sale Agreement. This Surface Deed is made in accordance
with and is subject to the terms, covenants and conditions contained in that certain
• PURCHASE AND SALE AGREEMENT dated the 22nd day of May, 2001, by and
between Grantor and Grantee ("Purchase and Sale Agreement") (a copy of which can
be obtained, subject to the confidentiality provisions of the Purchase and Sale
Agreement, from Grantee at the above referenced address), including without
limitation provisions concerning Allocation of Responsibilities and Indemnities
(Article 6) and Disclaimers (Article 7), and the terms, covenants and conditions
•
2003-0820
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2864186 06/(4/2001 04:13P JA Suld Tsukameto
2 of 4 R 20.00 D 0.00 Weld County CO
contained in the Purchase and Sale Agreement are incorporated herein by reference as
though such terms, covenants and conditions were fully set forth verbatim herein. If
there is a conflict between the provisions of the Purchase and Sale Agreement and this
Surface Deed, the provisions of the Purchase and Sale Agreement will control the rights
and obligations of the Parties, and their authorized successors and assigns.
SAVE AND EXCEPT, and there is hereby reserved unto Grantor, its successors
and assigns, all oil, gas and other minerals, of every kind, both similar and dissimilar, in,
on, and under, and that may be produced from the Property, together with the free and
reasonable right of ingress and egress at all times for the purpose of geophysical,
geological, and other prospecting and mining, drilling, exploring, operating and
developing the Property for minerals and removing the same therefrom; provided that:
(a) the same do not unreasonably interfere with Grantee's use or planned use of the
surface, (b) before conducting any such operations on the Property, Grantor must first
obtain Grantee's prior written consent as to the nature and location of such operations,
which consent shall not be unreasonably withheld, (c) locations of wells, roads, surface
facilities and any other facilities or improvements shall be subject to Grantee's prior
written consent, which consent shall not be unreasonably withheld, but in no event shall
any well be drilled or facility be installed by Grantor closer than 200 feet from any
structure existing at the time the well is drilled or facility installed and (d) in no event shall
Grantee be prevented from installing any facilities or improvements at any location other
than at the location of an existing well any structure. Grantor forever releases and
shall forever fully protect, defend (with counsel reasonably acceptable to
Grantee), indemnify, and hold Grantee, its affiliates and each of their officers,
directors, agents, consultants and employees, harmless from and against any and
all claims, demands, suits, proceedings, disputes, causes of action, losses,
damages, liabilities, fines, penalties and costs (including without limitation
attorneys'fees and costs of litigation) relating to, arising out of, or connected with
Grantor's ownership, operation, exploitation or development of the minerals or
surface access, ingress or egress in, on, or to the Property.
EXECUTED this 22nd day of May,2001 ("Effective Time").
GRANTOR
AMOCO PR9DUCTION C, MPANY
By: Nee'
Name: Kerry Up e
Title: Attorney-in- a
GRANTEE
DUKE ENERGY FIELD'SFRyICES, LP
By: �`f/!/�
Name: Y� A-• G 11 l l t%ins
Title: ice elozriia,J'
1111111111111111111111111111111111111111111111111111111
STATE OF TEXAS § 2854186 06/04/2001 04:13P JA Sold Tsukamoto
§ 3 0l 4 R 20.00 0 0.00 Weld County CO
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this 22nd day of May,
2001, by Kerry Upperton, as Attorney-in-Fact on behalf of AMOCO PRODUCTION
COMPANY, a Delaware corporation. p�
My commission expires: /O-O41.2001 0 t/:c .•,
Sigtune re..e.. .. ,,,»»,,,,,,•••
tt M. LOLL6AIIE 1
L r ' Solar Pu61ie.Stale of TOW ?
Name(Printed, T o so Exploit: 10-04-2001j
Notary Public in and fdrilitt'"••'••• ----..»»»
/ State of Texas
n/�STATE OF (/O1Url .0 §
J�, §
COUNTY OF12UGc) § ,�_
The foregoing instrument was acknowledged before me thiscj day of
��/..., 2001, byjgYl kithillitimas on behalf of DUKE ENERGY FIELD
SER I ES, LP, a ppbelaware limited partnership. —• �.
M commission expires:
ZIG�yJ ' or• .
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(-1110 /r2.&Aafe , y:,= 0 90 f
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Name(Printed, yped or Stamped) ' \O. ?....of /�
Notary Publio'k,and forhe ▪ •6TA1E ,?
State of C- / �'v .
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2864188 06/04/2001 04:13P JA Sold Tsukemoto
4 of 4 R 20.00 D 0.00 Weld County CO
Exhibit"A"
A parcel of land located in the Southeast quarter(SEI/4) of Section 8,
Township 3 North, Range 66 West of the Sixth Principal Meridian, County of
Weld, State of Colorado, more particularly described as follows:
Commencing at the Southeast corner of Section 8, Township 3 North,
Range 66 West of the Sixth Principal Meridian, and considering the East
line of the Southeast Quarter(SEI/4) to bear North 00 degrees 04'58"
East, with all other bearings herein related thereto, thence South 89
degrees 52'17"West along the South line of the Southeast Quarter(SEI/4)
of Section 8, a distance of 650.96 feet, thence North 00 degrees 07"43"
West, a distance of 30.00 feet to the North Right-of-Way line of Weld
County Road No. 34, also being the True Point of Beginning; thence
South 89 degrees 52'17"West along the North Right-of-Way line, a
distance of 1320.00 feet; thence leaving the Right-of-Way line North 00
degrees 07'43"West, a distance of 660.00 feet; thence North 89 degrees
52'17" East, a distance of 1320.00 feet; thence South 00 degrees 07'43"
East, a distance of 660.00 feet to the True Point of Beginning.
Said Parcel of land contains 20.00 acres, more or less and is subject to any
Rights-of-Way or other Easements as granted or reserved by instruments of
record or as now existing on said parcel of land.
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