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Home My WebLink About20032032.tiff 07/24/2003 THU 15:44 FAX ( 002/020 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is entered into and made effective this 23rd day of July, 2003, and is between Kerr McGee Rocky Mountain Corporation ("KMG") with an address of 1999 Broadway, Suite 3600, Denver, CO 80202, and Douglas A. Tiefel and River Runs Through It, LLC (together herein referred to as "Surface Owner"), both with an address of P,O. Box 17130 Boulder, Colorado 80308. A. Surface Owner owns the surface (and a portion of the mineral interest which is currently under an oil and gas lease) of that certain tract of land more particularly described on Exhibit A attached hereto, being a portion of the E/2 of Section 36, Township 3 North, Range 68 West, County of Weld, State of Colorado (hereinafter referred to as the"Property"); B. KMG currently owns the oil and gas leases covering the Property and has the right to undertake Further development of its oil and gas leasehold estate on the Property, including the drilling of additional wells; C. Surface Owner is in the process of obtaining a final plat for the Property through Weld County for a residential subdivision known as Pelican Shores, a planned water development PUD; D. KMG currently operates two (2) oil and gas wells, know as the H-1SR Pelican Shores 9-36A generally located in the NESE and the J-BAR-B 34-36 well generally located in the CSE/4, on the Property, "Existing Wells" and associated flowlines and production facilities which are also located on the Property; E. The parties have entered into this Agreement to provide for the orderly and cooperative development of the surface by Surface Owner to minimize interference with mineral production operations and to provide for the orderly and cooperative production of minerals by KMG to minimize interference with surface use and development; F. The parties have specified in this Agreement the specific locations upon the Property where mineral exploration and production may occur and where access to mineral exploration and production facilities may be obtained and where facilities and pipelines may be required to be located. This Agreement also contains a partial release of surface rights by KMG and a specific grant by Surface Owner for the exclusive use of certain surface areas; G. This Agreement sets forth the parties' rights and obligations regarding the development of the Property by Surface Owner and KMG's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties and their successors and assigns. gi EXHIBIT I oz 2003-2032 07/24/2003 THU 15:45 FAX ?003/020 In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. AREAS RESERVED FOR EXISTING AND FUTURE OPERATIONS. 1.1 Under the terms of its oil and gas lease and the applicable regulations of the Colorado Oil and Gas Conservation Commission (the "COGCC"), KMG has the right to drill additional wells to bottom hole locations on the Property (hereinafter "Future Wells"). KMG also has the right to undertake any and all related operations in connection with the Future Wells and the Existing Wells, including, but not limited to, production activities, workovers, well deepenings, recompletions, fracturing, replacement wells, and re-fracturing. In order to provide for such, KMG shall be entitled to the use of the areas depicted and/or described on Exhibit A (the"Oil and Gas Operations Areas")for such operations. 1.2 During the term of this Agreement, the Oil and Gas Operations Areas shall be reserved and utilized for the purposes of drilling all Future Wells and for the conduct of any and all related operations by KMG in connection with the Future Wells and the Existing Wells, including, but not limited to, drilling and production activities, maintenance, workovers, well deepenings, recompletions, fracturing, replacement wells, and re-fracturing, however in no event shall KMG locate production facilities within Oil and Gas Operations Area No. 4, without the prior written consent of Surface Owner. 1.3 Except for the Oil and Gas Operations Areas, and including the access roads and all access and necessary easements associated with flowlines, gathering lines and pipelines ("ROWs) as provided in this Agreement, KMG shall not use or occupy the surface of the Property except in the event of an emergency, subject to Section 19.2 below. 2. BUILDING RESTRICTIONS; SETBACK REQUIREMENTS, 2.1 Other than as provided in Section 5.2 a. below and the shared access road/boat ramp that is identified on Exhibit A, Surface Owner shall not build, construct or install any improvements upon any portion of the Property lying within the Oil and Gas Operations Areas, including, but not limited to landscaping, sprinkler system, fences, sidewalks, access or haul roads,paved streets, and water drainage and sewer systems, without the prior written consent of KMG. If, after obtaining such consent and constructing any other improvements within the Oil and Gas Operations Areas, KMG requests that such improvements be moved or removed to accommodate KMG's oil and gas operations thereon, Surface Owner shall be obligated, at Surface Owner's expense, to move or remove such improvements within thirty (30) days from the date such request is received. KMG shall use reasonable care in conducting its operations on the Oil and Gas Operations Areas, but shall not be responsible for damage to any improvements constructed by Surface Owner in the Oil and Gas Operations Areas, except for the replacement of common access roads and reseeding of grass if necessary. -2- 07/24/2003 THU 15:45 FAX Z004/020 .-. 2.2 Surface Owner shall not locate or build any structure,including but not limited to, buildings or dwellings within 150 feet of any Existing Well or within 200 feet of any existing production facility, except for Oil and Gas Operations Area No. 1 whereby, Surface owner shall not locate or build any structure within 175 feet of the existing production facility. 3. FLOWLINES AND PIPELINES. 3.1 Surface Owner's current development plans may require the relocation of existing KMG flowlines and/or the existing natural gas pipelines now located on the Property(hereinafter referred to as the "Existing Pipeline(s)"), which pipelines are operated by KMG or its affiliates. If relocation of the Existing Pipelines is determined to be necessary, Surface Owner shall enter into a separate agreement with KMG or its affiliates regarding the relocation of such Existing Pipelines at Surface Owner's sole cost and expense. All relocated flow lines and pipelines shall be buried 48"from the surface. 3.2 KMG or its affiliates shall have the right to lay new flowlines and pipelines, and shall also have the right to replace any and all flowlines, gathering lines and pipelines for gas and liquids, including replacement of any future lines as provided herein, necessary in connection with KMG's production and transportation of oil and gas from any wells on the Property at the locations identified on Exhibit "A"attached hereto unless otherwise agreed to by the parties. To the extent possible, flowlines and pipelines for Future Wells will be located in the Oil and Gas Operations Areas and additional rights of way shall not be required for those lines. To the extent KMG reasonably requires any flowlines or pipelines beyond the Oil and Gas Operations Areas, Surface Owner shall grant the requested non-exclusive rights-of-way (each a"ROW")needed by KMG for such purposes. To the extent possible all pipelines and flowlines will be located under or adjacent to access roads to the Oil and Gas Operations Areas and production facilities. All pipelines shall be located at a surface depth of approximately 48 inches from the final graded elevation. Flowlines are defined as those lines which carry water or hydrocarbons from the wellhead to a production unit (such as a separator). The construction and burying of additional flowlincs, gathering lines and pipelines shall be at the sole cost and expense of KMG or its gas purchaser and shall be accomplished in accordance with applicable law. If KMG desires to change the location of any flow line,pipeline or gas gathering located in a ROW, such relocation shall be subject to the prior written approval of Surface Owner. Surface Owner shall maintain a minimum of 48 inches of cover over all pipelines and flowlines during any of Surface Owner's operations. 3.3 Surface Owner shall be entitled to install utility lines, including but not limited to water, sewer, electric, gas, telephone and television cable as may be reasonably required for development of the Property within or across any ROW granted for the existing and/or future flow lines and pipelines operated by KMG which are located outside of an Oil and Gas Operations Area Surface Owner agrees that, except in cases of emergency, Surface Owner will contact KMG at least ten (10) business days prior to commencing any trenching or digging activities within a ROW and that during its installation, maintenance and use of its utilities in any ROW of KMG, it will not unreasonably interfere with KMG's use and operation of flow lines or other pipelines in such easements. Surface Owner agrees that all such utilities that are placed in the ground after KMG's pipeline or flowline shall be placed horizontal to KMG's pipeline or flowline at a minimum of 7.5 feet from the centerline of the pipeline or flowline, and any such .g_ 07/24/2003 TM. 15:45 FAX ?005/020 .-� utilities that cross the ROW shall be placed below KMG's pipeline or flowline and there shall be a minimum clearance of 18 inches between KMG's pipeline and such utility lines placed in the ground and crossing the ROW. 4. ACCESS. 4.1 Surface Owner shall at all times provide to KMG non-exclusive access easements, a minimum of twenty four feet in width, and which are sufficient to access the Oil and Gas Operations Areas as depicted on Exhibit A hereto. Unless shown on Exhibit A hereto, such access shall be mutually agreed upon by the Parties and shall be of sufficient scope to allow KMG to conduct the operations contemplated for the Existing Wells and the Future Wells, and shall be built to withstand a minimum of 26,000 pounds per axle. The access roads to be used by KMG will be those roads either that are presently in place, future roads which are depicted on Exhibit, or that are anticipated to be constructed by Surface Owner at Surface Owner's sole cost and expense as part of Surface Owner's development of the Property. KMG shall maintain and use the existing access or future access roads depicted on Exhibit A until such time Surface Owner requests a change of access. During construction activities on the Property, Surface Owner will not unreasonably interfere with access to all of KMG's wellheads and production facilities. a Access to Oil and Gas Operations Area No. I shall be the existing access mad utilized by KMG until such time construction of the proposed subdivision road commences. Surface Owner shall consult with KMG to define a temporary access route prior to removing KMG's existing access road. Surface Owner agrees to provide KMG with any necessary codes or combinations for any electric gates that may be constructed across KMG's designated access route. Except in the event of an emergency or unless otherwise agreed to by both KMG and Surface Owner, KMG shall access Oil and Gas Operations Area No. I only between the hours of 6:OOam and 8:00 p.m. Mountain Standard Time, except in the event of an emergency. b. Access to Oil and Gas Operations Area No. 2 shall be the existing access road currently used by KMG to access the Pelican Shores 9-36A well. c. Access to Oil and Gas Operations Area No. 3 shall be from Weld County Road 13 and South of the proposed subdivision road, Dougla Drive. d. Access to Oil and Gas Operations Area No. 4 and No. 5 shall be by utilizing the access point for Oil and Gas Operations Area No. 3 then continuing southwesterly on an existing road around the lake. 5. PRODUCTION FACILITIES AND EQUIPMENT. 5.1 KMG shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably necessary, appropriate or convenient for the operation and production of the Existing Well and Future Wells within the Oil and Gas Operations Areas, except for Oil and Operations Area No. 4. KMG shall only install low profile production tanks for any new production facilities located on the Property. .4. 07/24/2003 TAU 15:45 FAX 1006/020 5.2 With respect to 'CMG's equipment and facilities other than Bowlines and pipelines and access roads: a. KMG shall install and maintain, at its sole cost and expense, all fences around Existing Wells and Future Wells hi compliance with the rules and regulations of the COGCC. At its sole expense, Surface Owner may install privacy fencing and/or landscaping within the Oil and Gas Operations Area to shield the oil and gas facilities from surrounding view. Installation of such fencing or landscaping by Surface Owner shall be subject to the prior review and approval of KMG, to ensure that the same do not impose any undue safety or operational constraints; b. KMG shall install and maintain, at its sole cost and expense, all gates and locks necessary for the security of any wells and/or facilities in the Oil and Gas Operations Areas. Such gates and locks shall be of a type and quality customarily used by KMG for such purpose; c. KMG shall paint any production facilities for any wells, including wellhead guards, with paint that is approved by the COGCC. 6. NOTICE OF FUTURE OPERATIONS. 6.1 KMG shall provide at least seven (7) days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on any Existing Well, Future Well or any replacement well; provided, however, that KMG shall provide at least thirty(30) days prior written notice to Surface Owner of the initial drilling of any Future Well. Regardless of the foregoing notice requirements, KMG shall have immediate access to the well site in the event of an emergency. 6.2 The notification of operations shall describe the following: a. The proposed starting date for the proposed activity; b. The proposed operations to be performed at the site; a The approximate duration of the proposed activities. 6.3 Not less than five(5)working days prior to KMG's entry date on the applicable Oil and Gas Operations Areas for the operations set forth in its notice described above, either KMG or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to provide further information to Surface Owner of the expected activity and to coordinate site access,hazards, barricades,restoration or any other issues that affect the use of the Property and the safety of Surface Owner's development. r -s- 07/24/2003 THU 15:45 FAX ?007/020 7. NOTICES TO HOMEOWNERS AND BUILDERS. 7.1 Surface Owner shall furnish all buyers of any part of the Property with a copy of this agreement. In addition, Surface Owner shall provide written notice to all such builders, homeowners and other buyers of the Property and any homeowners associations that: a. there may be ongoing oil and gas operations in the Oil and Gas Operations Areas; b. there are likely to be Future Wells drilled and associated oil and gas operations taking place on the surface of the Oil and Gas Operations Areas, as well as the vehicular traffic necessarily associated with such operations; and c. purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights and obligations under this Agreement, including but not limited to the granting of waivers as set forth in Section 8 and Section 19 below. 7.2 Such notices may be provided through recordation of a plat in the real property records of Weld County containing such information. At Surface Owner's option, the provision of the plat or map, and the notice called for in this Section 7 may be accomplished through a recordation affecting such property in the real property records of Weld County, Colorado. 8. DRILLING AND COMPLETION OPERATIONS. KMG shall diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. Subject to the waiver of setback requirements as set forth above, KMG shall conduct its operations in compliance with the provisions of the Rules and Regulations of the COGCC set forth in Rule 603 and with applicable law in a good and workmanlike manner. KMG agrees to be responsible for all damages to personal property, fixtures and other improvements located upon the Property and for personal injury to individuals and to reimburse the costs thereof to Surface Owner upon demand. 9. GOVERNMENTAL PROCEEDINGS. 9.1 So long as there is no default under this Agreement by KMG, Surface Owner shall not, directly or indirectly, oppose KMG in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to KMG's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that I MG's position in such proceedings is consistent with this Agreement. Surface Owner will provide KMG or its successors and assigns with written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. .E. 07/24/2003 THU 15:46 FE ?008/020 9.2 So long as there is no default under this Agreement by Surface Owner, KMG shall not, directly or indirectly, oppose Surface Owner in any agency or governmental proceedings, including but not limited to Weld County, or other governing body proceedings, related to Surface Owner's development of the Property, including but not limited to applications regarding zoning, platting, subdivision, dedications, subdivision improvement agreements and development,provided that Surface Owner's applications are consistent with this Agreement. 10. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. 10.1 No party shall be liable for, or be required to pay for, special, punitive, or exemplary damages to any other party for activities undertaken within the scope of this agreement; 10.2 Except as to claims arising out of pollution or environmental damage (which claims are governed by Section II below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership of or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other party, its officers, managers, agents, contractors, subcontractors, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; 10.3 Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Section 10.2 above, for all actions or occurrences happening after such assignment or conveyance, provided, however, that the assignee assumes the indemnification obligation in full in Section 10.2. II. ENVIRONMENTAL INDEMNITY. 11.1 The provisions of Section 10 above, except for Section 10.1, shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 10.1 above: a "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken 07/24/2003 Till 15:46 FAX 2009/020 voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies),which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976(42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); or their state counterparts. c. Environmental Indemnification. KMG shall protect, indemnify, and hold harmless Surface Owner, the homeowners association, any lot owner who purchases a lot from Surface Owner and any other successor and assign of Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KMG's ownership of the leasehold estate or use of the Property including but not limited to, oil and gas operations or KMG's ownership and operation of its pipeline easement or rights-of-way on the Property. Surface Owner shall fully protect, indemnify and hold harmless KMG from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 12. EXCLUSION FROM INDEMNITTEi S. The indemnities of any party herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 13. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 10 or 11 above, it is a condition precedent to the indemnifying obligations hereunder that the indemnified party give the indemnifying n party's such Claim setting forth all particulars of the Claim, as known by the indemnified de party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall provide such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 14. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. Surface Owner specifically confirms its capacity to validly execute the ROWs and easements provided for herein. KMG does not represent that it has rights to settle matters for all of the r. _3. 07/24/2003 THU 15:46 FAX ( 010/020 • mineral owners in the Property, and this Agreement shall only apply to and bind the KMG leasehold and operator interests in the property. 15. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns. 16. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged and abandoned all wells owned all or in part by KMG and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 17. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail,postage prepaid, addressed to each of the following: �-. If to ICMG: Kerr McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Director of Lands Denver Basin If to Surface Owner: Douglas A. Tiefel P.O. Box 17130 Boulder, Colorado 80308 River Runs Through It, LLC P.O. Box 17130 Boulder, Colorado 80308 Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. -9- 07/24/2003 Tiff 15:46 FAX ?011/020 18. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 16 above, shall be recorded by KMG, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 19. SURFACE DAMAGES; WAIVER OF PAYMENTS. 19.1 In consideration of the Parties' respective rights, obligations and benefits, as outlined herein, this Agreement shall constitute the surface use or surface damage agreement provided for under the COGCC'sRules and Regulations or under any oil and gas lease covering the Property. 19.2 The term "surface damage payments" as used herein shall be given the meaning commonly used in the oil and gas industry. As part of the consideration for this limitation by KMG, of what would otherwise be the right to make reasonable use of any part of the Property in the conduct of its operations, and without limiting the applicability of Sections 10 and 11 above, KMG shall not be obligated to pay, and Surface Owner hereby waives any right to receive, any further surface damage payments, license or use fees including all damages provided for under any oil and gas lease or leases now or hereafter covering the Property, with respect to any operations conducted on the Oil and Gas Operations Areas or upon access roads, flowlines, gas gathering pipelines, or other easements used in connection with the Oil and Gas Operations Areas. KMG may provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this waiver. The waiver of surface damages provided herein shall include any claim for excessive surface use insofar as the Oil and Gas Operations Area is used to produce oil and gas from any portion of the Property or other lands pooled therewith. In the event KMG is ever required to cross, occupy or utilize any part of the Property other than the Oil and Gas Operations Areas, the access roads thereto or any ROWs used in connection with the Oil and Gas Operations Areas, KMG shall be liable for any and all damages that may occur as a result thereof. 20. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,may be resolved by arbitration conducted in Denver, Colorado and shall be administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof 21. APPLICABLE LAW. • This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 22. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or .I0. 07/24/2003 THE 15:46 FAX ?012/020 agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 23. EXECUTION AND BINDING EFFECT. This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the Effective Date set forth above. 24. HEADINGS. The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 25. TIME OF ESSENCE. Time is of the essence in this Agreement. 26. NON-WAIVER Waiver by either party or of the failure of either party to insist upon the strict performance of any provision of this Agreement shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future. 27. SEVERABILITY. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the Surface Owner or }CMG in their rights and obligations contained in valid covenants, conditions or provisions. 28. NO JOINT VENTURE. This Agreement is not intended to, nor shall it be interpreted to create a joint venture, partnership or any other relationship between the Surface Owner and KMG, other than that of surface owner and oil and gas lessee, respectively. _7!_ 07/24/2003 TI1U 15:46 FAX 1013/020 The parties have executed this Agreement on the day and year first above written. KERR MCG ROC Y MOUNTAIN CORPORATION By: � li-� JAME . •�• •N Attom:. in- RIVER RUNS THROUGH IT,LLC By: DOUGLAS A. TIEFEL Its: Manager DOUGLAS A. TIEFEL,INDIVIDUALLY balt.ar e.&S ACKNOWLEDGMENTS STATE OF COLORADO ) CITY AND )ss. COUNTY OF I •I. • ) ent was acknowledged before me thi day of KSItiut 2003, by J t • e . '', ttomey-in-Fact for Kerr McGee Rocky.Mountain Cor Cation, on behalf . c• ..rah• °L n. •4' - •1y 1 • • i•cial seal.'RC. i My Co otary blic STATE OF COLORADO ) �, )ss. COUNTY OF ,J�k u Qft 1A The foregoing instrument was acknowledged before me thifA day of 2003, by DOUGLAS A. TIEFEL as manger of River Runs Through It, LLC, a C orado united liability company,on beh company. Witness my • _. (SEAL) I. Notary blic My Commission Ex _ CC) -12- 07/24/2003 THU 15:46 FAX V1014/020 STATE OF COLORADO ) 1 )ss. COUNTY OF sSn�,� du.° r, The foregoing instrument TIEFEL. was acknowledged before me till day of I C 2003,by DOUGLAS A.TIEFEL. -�` Witness my hand and official seal. ..."' (SEAL) ``s 1 o h �- My Commission Expires: ,t;\ / a,cdc9)6) 441 ' -13- 07/24/2003 TIIU 15:47 FAX Ii015/020 ) ctaa 9::: © P s PELICAN SHORES - MAP OF Oil & GAS OPERATION AREAS - NO. 1 - 5 (240 AC.) 11 Pwrlors +t•ti�r ` smm—.nom /'—`.. { �-.. e. yea e MUM I I � r r r— r—� r—�'r-1_r•-� r r—� r r—� __. W l-j L-J LJI_JL �m L_J L_J LL_J L�J '1r3P is ! 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ROAD No. ,s Row / /.o / • / /it I 3.515 ACRES L / i /if1 \'se \\ // // • / / / I ifI w \ \ // / I / I ! j € ` ' I I PACE 4 OF 6 ; k 5, ,Er ; r l \ \\ / j / s� � I MCca A ExTEPeU`µ`P PU \ \ ' 1\� //- / F1Ec7R0CC GATE I I w� PE W.41 T0NTo BE new= / / / C79 I I 5CpRF5 F1NK RAT 9.22' 1 ' \ / / / 02 \ `` : / C75 `+ �•64'li ,1.04• 110.00' �" \ '' h \ / 2.,/ C74 455.skiErz'7En I \ ' I 180.03' I I • I S545.000"E IL 30' U, \` \ '••1 ' r �r 1 (NOM EDGE EASEMENT \' 7= • ti St6T2744't 700.00 �" • ,��-- 27'a% 1 1 I d i 7'sz'16'E ,.-.-' _ EXCLUSNE 1I. Al �. 1 I Q I z3z.20_ MEW CSO I 20_oD DUKE �a•DY�717 ` TARGET n I I to • CAS EASEMENT m \ - 1'•) 28432' T" I r ° �� EASEMENT at, a GS �'g uwrED POWER A OPERATION r�ioT,Os �r ` Al\----- 7 LAKE 272 I I be I r N.00 KIAN(GE r �--. No.Ca " a' 17 r•-•., r.... c''' \ ; ,...r.I , li----..-------j t40141/26-E .„•• —9 9- i--^" . AO � , 70.00 76.00' \`�---i �� -� '^� ,K I n N I 24.00• NON-EbCI ACCEcS ROAD ..\ I 15,4 F RNE MR OEE/1ERUNE rt" �� —' �� —' %.�. I . _ OF ACCESS ROAD EASEIAEN! 70 MATCH _i I CRIE of COSTING CASLI AND 12' 2800 DUKE ENERGY I O SVC OF DamG 0 INC n CENTENL • \NON-EXCLUSIVE oaks EASE]tEAT- i v _ I N01'32'27"E 197.18' OI i f- _ �r YEAST �r /P.jpms.� ._-'F ' -" • 1 1 1 I N 6th P ERs 6 REWaR Mq 2 %W- . iFt;x`2'3e \ 113 30' Komar --I I AURA CAP A MONUMENT 80X. LS 23300 31.62 \ 1 I N8119.45' I ,anB TIM ANO RF/:ONOW. t \ Nor32 21'E I I I 21 a\ \, 175.44'��'I ---I I-- w+ r.- co • �r taov02'1z w _ I �\ \ tagI� i I I ,94 r .�\.C� 1 i �i\�• \ I . NY813'21111 I l\ \\ 0 723.36 07/24/2003 THU 15:47 FAX 1019/020 NORM =TUDOR SECTION 36. 7374. ; RC . 691 P.M. SET N0. 6 ROAR AND L-15&38' M 2-1/2'ALUM CAP. IS 235001999 AND Db 20' NON-FYCLUSNC p-139 OSYOT °A"cam" /tRO..NTl4T30•E 3.920 ACRES DOUGLAS —._ _ f/ cN..,uo,- . — Te196d3••J J /j • rq�'31.06' _ - ...._ 3159•/ `T/ '•b,� -.. N69'43'45w Tarr .M�- 1R19.43'45'W SASS! IC NON-FJCCliraME ID776-McGEE �4. N';•87 ��\ 40,66' 130.00' 131100' 130.00• - EASEIp r- NO TRUCK C i 30' LTI!_ACC= ter Ai OICRCIliCT. ' �/ 34 EASPENT LOGOION FOR r!;!'' w mown ` 2 1.105 ACAES 1A29 AC= 0.963�gCRES PISS OKT - r i I 1 1.144 ACRES 10 BE D4ALIIED %M N PELCAR SHORES FINAL FLAT 'q 1.996 ACRES }, $ ri 1 nIR qn r - -I ; r- ifr - -im r � - b iii w el r — - - L — Ji L __ J $ L — J '' L — J j L — J i I�� r„,.. Amor RESIDENTIAL LOTS T ,s1dF .y1y1A a0b_7r_ 13.358 ACRES 4/— I py.� 7y9.3� ---- --- OW"; 14161' �Ti� � �-{" 55azxW9w 1 62-68" 100.00' „---.75.434 • ....0..A FLOOD PUNNAYRESAS • 10.00' 2002=DC ._. r ET rr N f $' I 0(6� i AREA N0. 4/1941. SIZE ORLY vGNJ �c ,--...• I ND PRCOIICIWN FApER4p W WIIF1f ` WRITTEN CONSEWF OF IANOOWNER.WELL IA R�WELL WIN� "s SHOWN. `j _..1 ,--•- tot 3RE TO INCtUOE ROAD To WEST 10' BUTTER TO EWE OF WATER OR WETNNOS TO TIC DAT_ SNE . TO OE 350. 4/- NOnVSOU H �� • IP • h PAGE 5 OF 6 ` I ), W GA C W Q�CS is .F -ER OF SCCION 36.TW. RS1W. 6th • ,rte Pit WAD 3.-1/4-A/DW CAP. IS 14515 1999 j 07/24/2003 THU 15:48 FAX ( 020/020 v cS X65 P `JT --- r • Se tx l'` r ---- pQc,\.' ,� , r r - 0 ,.-.... ,e r--, ..____e ro .— ,'. �' �-� .--- �-� r ( i r �� r-_ r +� aroaox suNo j r ----- r r rn r r r-- -- -- r r .-- r - - r r in r r r r.•;y r- r r .-- r 1 V O • 5 ' r-- .-� r- J ....--e /- —. PAGE 6re i OIL • a DPZMUcII �- ^ 75.53'• NON SPACO �..a F 1ff ,• /r...... WT.f in • TRACT _,/ \ 5srst'ae�v �� — (�„ 14O.5a' vJ M / F•--•- r� /'-^� r� e"—•" r._,/ r.---" r—".. 54-75`CD CN LA I.� i g4 t - NO . .,\• ,____d �,. „"'i �—' r r--in\ \ .,..--, .,.___-0 .,_, .,---, „,..--.... r-,..., „--.." r.._.." .—. F— Z =�.... B.100. RURAL. DMCM EASEMENT 5.g• iiii w L..' c wrSUFIVteo) \ i II `:4 io.00 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 5 63 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLI ALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR ?L I ©A / IN THE AGRICULTURAL ZONE DISTRICT. VONEEN MACKLIN CJ ,� Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD f171 y1 The foregoing instrument was subscribed and sworn to me this �g day of I ' i (.J P , 2003. WITNESS my hand and official seal. 11)04( Notary Public , 1 • My Commission Expires: �� .�� F�.. , Hello