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Home My WebLink About992428.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING CONDITION OF APPROVAL#2.D OF SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1219 - SAND LAND, INC., C/O PASQUALE AND JACQUELINE VARRA 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, Sand Land, Inc., c/o Pasquale and Jacqueline Varra, has requested the Board consider whether Condition of Approval #2.D of Site Specific Development Plan and Special Review Permit#1219 has been complied with, and WHEREAS, Sand Land, Inc., c/o Pasquale and Jacqueline Varra has presented an executed Surface Use Agreement with HS Resources, and WHEREAS, after review, the Board Finds that Sand Land, Inc., Go Pasquale and Jacqueline Varra has complied with Condition of Approval #2.D. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval #2.D of Site Specific Development Plan and Special Review Permit#1219 issued to Sand Land, Inc., c/o Pasquale and Jacqueline Varra has been complied with. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 1999. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: IV �;/ �J,•XCUSED I . Hall, Chair Weld County Clerk to the =,r-�� i °�• // / sir arbara J. Kirkmeyer, P -Ter BY: o o. .rd �p , 7 Deputy Clerk to t oard George axer (APFROV• rr AS FORM: L Geile •ou orney IeG n 992428 Pk, Varra... PL1300 1 1, Oct-05-99 04 : 17P BOATRIGHT & RIPP 303 423 7139 P.02 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made this S. day of OcieLL- 1999, and is between HS RESOURCES, INC. ("115W'), with an address of 1999 Broadway, Suite 3600, Denver, Colorado, 80202, and SAND LAND, INC. ("Developer"), with an address of 12910 WCR 13, Longmont, Colorado, 80504. A. Developer is the owner of the surface of the NW/4, N/2S W/4 of Section 28, and a portion of the E/2NE/4 Section 29, Township 3 North, Range 67 West, Weld County, Colorado (hereinafter referred to as the "Property"): B. Developer's surface ownership rights in the Property are subject to the rights of the oil and gas mineral estate which has been leased to IlSR; C. Developer has obtained mining permit M99-006 for an open cut gravel mine and batch plant known as the KURTZ RESOURCE RECOVERY AND LAND DEVELOPMENT PROJECT; In consideration for the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREAS RESERVED Developer shall provide HSR a reasonable area around the existing oil and gas wells (the "Oil and Gas Operation Areas") for the existing oil and gas wells ("Wells") for operations conducted by HSR in connection with any Wells, including, but not limited to, lease operating activities, workovers, well deepenings, recompletions and fracturing, as set forth further in this Agreement. 2. EXISTING OIL AND GAS LEASES The parties tD this Agreement recognize that there are existing oil and gas leases in effect and unless they are in some way modified by this Agreement, those oil and gas leases, to the extent that they are enforceable at law, continue to be in full force and effect. 3. SURFACE RECLAMATION AND SURFACE DAMAGES HSR shall be responsible for all costs of reclamation for its activities on the Property. 4. ACCESS a) Developer shall all times provide to IISR a 25 foot wide easement for access to the Oil and Gas Operations Areas and any related production facilities. The parties acknowledge that there are access roads, which are currently in existence, and which are acceptable to HSR. If a road currently used by IISR is a dirt road aye L130° Oct-05-99 04 : 17P BOATRIGHT & RIPP 303 423 7139 P .03 and is disturbed or relocated by Developer, then Developer will only be responsible for replacing it with a dirt road. In the event that Developer chooses to move and/or mine under an access road, Developer will first, at its expense, provide access in keeping with the 25 foot wide easement. After the alternate road is installed, it will be maintained at HSR's expense. HSR does agree to cease accessing its Oil and Gas Operations Areas or related facilities through farm or residential portions of the Property and use an alternate access agreed to by the parties. That alternate access is to the south of the current access and goes along an irrigation ditch that runs to the northeast. The entrance way to this new access will be widened and graded by ISR. Developer will provide up to three inches of gravel for this newly graded area. b) The Developer shall maintain and keep any access jointly used by both the Developer and HSR in good condition and repair; however, if HSR causes damage to a road HSR will agree to repair any damage which is caused which is a direct result of its use of the road. Neither IISR nor the Developer shall unreasonably interfere with the use by the other party of access roads. c) Developer will not mine any closer than 25 feet of a wellhead. That mining shall take place upon thirty (30) day notice to HSR. The mining shall take place on only one side of a wellhead at a time. In other words, in the event Developer chooses to mine to within 25 feet of a wellhead, the digging shall only occur , outside of a tangent line drawn to a 25 foot radius circle, the center of the circle being the wellhead. During such mining, HSR may use land in the direction opposite the mining as is reasonably necessary for its needs. Developer will endeavor to complete the mining as set forth in this paragraph as quickly as possible and return the reasonable Oil and Gas Operations Area so mined to the original contour. 5. PRODUCTION FACILITIES Developer may install and maintain, at its sole cost and expense, any landscaping Developer finds necessary outside of any Oil and Gas Operation Areas or production facilities. HSR will attempt to work with Developer so that once the landscaping is installed, it will not be disturbed unreasonably by HSR. 6. FLOWLINES AND PIPELINES Developer will not allow any extraction to occur, commencing at the surface of the original ground, closer than 12.5 feet from any flowline or pipeline. Developer will not allow any stockpile of soil or materiel to exceed five feet in depth over the existing grade covering any flowline or pipeline. 7. NOTICE OF OPERATIONS HSR shall provide a minimum of at least seven days prior written notice (with more Oct-05-99 04 : 18P I3OATRIGHT & RIPP 303 423 7139 P.04 notice to be furnished if practicable) to Developer of any subsequent well operations (as that term is defined by the COGCC or its successor) including the reworking, fracturing, deepening or other operation on any Wells; provided, however, that HSR shall provide at least thirty {30) days prior written notice to Developer and/or any homeowner's association formed by Developer of the initial drilling of any Future Wells. Regardless of the foregoing notice requirements, IISR shall have immediate access to the Operation Areas and production facilities in the event of an emergency. The Notification shall describe the following: a) The proposed starting date for the proposed activity; b) The proposed operations to be performed at the site; and c) The approximate duration of the proposed activities. Not less than five working days prior to HSR's mobilization on the applicable Oil and Gas Operation Areas, either HSR or Developer may request an on-site meeting. In the event notice is given, then either IISR or Developer shall have the right to call an on site meeting for the purpose of reviewing the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use of and the safety of Developer's development. 8. DRILLING AND COMPLETION OPERATIONS HSR shall endeavor to diligently pursue any actual drilling operations to minimize the impact upon the Developer. Developer acknowledges that at times continuous (i.e., 24- hour) drilling operations will be conducted. When HSR elects to plug and abandon a well, it will, within one hundred twenty (120) days, remove all production facilities not then being utilized. During the effective date of mining permit M99-006, should HSR elect to abandon any well(s) and the Developer requests, HSR agrees to plug and abandon said well(s) pursuant to the rules and regulations of the Colorado Oil and Gas Conservation Commission up to a depth of 35 feet at HSR's expense. Developer agrees to assume the responsibility of removing the soil around said well(s) in a timely manner considering Developer's excavation schedule. 9. ENVIRONMENTAL INDEMNITY The party responsible for environmental contamination or damage shall be responsible for its remediation and/or other corrective actions necessary as provided by law or pursuant to the lease agreements as they exist. Any common law or statutory rights of indemnification are unaffected by this Agreement. 3 Oct-05-99 04: 18P EIOATRIGHT & RIPP 303 423 7139 P .05 10. NOTICE OF CLAIM FOR INDEMNIFICATION In the event a party has a common law right or contractual right to indemnification, the party claiming the right to indemnification shall notify the other party as soon as practicable of the claim of indemnification. 11. REPRESENTATIONS The parties represent to one another that each one has the full right and authority to enter into this Agreement. HSR does not represent that it has rights to settle matters for the mineral owners in the Property. HSR only has rights as set forth in its leases, and this Agreement only pertains to such rights as HSR may hold. 12. TERM This Agreement shall become effective when it is fully executed and shall remain in full force and effect until HSR's leasehold estate expires or is terminated, and HSR has plugged and abandoned all Wells 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, or otherwise will terminate because of state of federal laws requiring the same. 13. NOTICES Any notice of other communication required or permitted under this Agreement shall be sufficient if deposited in the U. S. Mail, postage prepaid, addressed to each of the following: If to HSR: IS Resources, the. 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Land Manager If to Developer: Sand Land, Inc. 12910 WCR 13 Longmont, Colorado 80504 Attention: Chris Varra 4 Oct-05-99 04 :47P 13OATRIGHT & RIPP 303 423 7139 P . O1 Li • a 1:�t3 '1'.: Yf+30A Y.ty•�••U.t••• 111•... ava -• . ...nu .+�rr Oct- }b3—(,(( Cry; Any party may, by written notice so delivered to the other parties. change the address or individual to which delivery shall thereafter be made. 14. RECORDING This Agreement, any amendment hereto, and any release entered into pursuant to Section 14 above, shall be recorded by HSR, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 15. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 16. ENTIRE AGREEMENT This Agreement sets fonh the entire understanding among the patties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except in written form signed by all parties. The panics have executed this Agreement on the day and year first above written. SAND LAND,INC., Developer By: er �� Title: / .. HS RESOURCES,INC., HSR By: v _ Janet W.Pasque,A ney-in-Fact 'tide: 5 Oct-05-99 04 :47P BOATRIGHT & RIPP 303 423 7139 P . 02 I:39' 4: :�Pll .d'� h.'Ry"JR'!,li. Ill::. 3 423 3 .+i Oct-Ob-W u3:+... 40A..___— 30 Ili ., lr p STA of ct�LORAOO ) • a,..lt )ss: COUNTY O�?p.4t4'-4 ) The foregoing instnunent was acknowledged before me thisiday ofn -t.., 1999, by JANET W. PASQUE as Attorney-in-Fact for HS RESOURCES, INC., a Delaware corporation, on behalf of that corporation. WITNESS my hand and official seal. • [SEAL] /• Notary Public '; rya/ .zoo3 STATE OF COLORADO ) )ss: COUNTY OF• _ ) �Jp The foregoin injntm no ent was acknowledged before me tltis1 day of 1999, by E15 )p heJ , L. V.ArZP' for SAND as 7dae LAND. INC., a Colorado corporation.on behalf of that corporation. WITNESS my hand and official seal. [SEAL) n l � - N ,a°17.co, U zcday-, z <7,2,ac- 4 9(4 30, OWO EXHIBIT INVENTORY CONTROL SHEET Case USR#1219 -SAND LAND, INC. Exhibit Submitted By Exhibit Description A. Boatright and Ripp, PLLC Request to commence operation B. Boatright and Ripp, PLLC Map C. D. E. F. G. H. J. K. L. M. N. Q. P. Q. R. S. T. U. V. Sep. 14. 1999 11:38AM HS RESOURCES, INC. No. 3761 P. 1/4 1999 Broadway,Sub 3600 • CO� `S, HS Resoul res, 111C. 303-296J601(fat) lift( transmittal l cledc to the Board Of County Commissioners cct Attn:Eisler C>' Pawn 9703,52-0242 Fin Donald French Oaw September 14, 1999 O at Case No.USR 1219/Sand Land,IncJGravel Mining Paps: 4,indiudng this cover sheet •Comment= Pursuant to our telephone conversation this morning with Sheri Lockman,Weld County Planer,we we faxing a correspondence we received yesterday by fax from Boahight 8.Ripp, LLC representatives of Sand Land, Inc. This letter stales they plan to come before the County Contmissionens tomorrow, 911689. to ask the Commissioners b reconsider the requirement to obtain a written agreement with HSR concerning the use of the lend and both parties existing and proposed operations. It is our understanding the date of October 4, 1999 has been set for a hearing with the Commissioners and both parties concerning this issue and it will not be discussed tomorrow. If this Is not your understanding please notify our office. 992428 ss Sep. 14. 1999t111:45A1deofHS RESOURCES, INC. ' 303 423 71 10. 3761 P. 3/4'-02 BOATRIGHT &&c RIPP, PLLC 441!WAmIWOtT14 POULLV SD WHEAT RIDGE,COLORADO$0033 TSL&PH LNt(3M11Ea-7131 THOMAS R WPM $epte„(er 13, 1999 VAX(W1).4ra7139 VIA FACSIMILE 303-293-3511 Mr.Donald French do H.S. Resources 1999 Broadway, Suite 3600 Denver,CO 80203 Dear Mr. French:. This firm represents Sand Land, Inc. regarding their efforts to obtain a mining permit from Weld County for operation of die pit on what has traditionally been known as the Kurtz Property. The"Surface Use Agreement" drafted by H. S. Resources has been forwarded to me. It is clear that you are attempting to use the good intentions of the County in an effort to better your position with Sand Land. Sand Land will resist that. As such, you are put on notice that Varna Companies will go before the County Commissioners of Weld County on Wednesday, September 15, 1999 at 9:00 am.for the purpose of requesting them to reconsider the previously issued requirement to obtain a signed document from H. S. Resources indicating the fact that Sand Land has accommodated you. In an effort to resolve this, Sand Land agrees to certain conditions in an effort to work with you so that there are not conflicts upon the property. These conditions are as follows: 1. Access Easement. Sand Land will provide access to and from the well heads by way of a 25 foot wide designated area Sand Land will not create any permanent obstructions which interfere with access to a well head. Temporary obstructions can be removed by Sand Land upon request. With regard to the cost of installing and maintaining a 25 foot access corridor,Sand Land will rely on current recorded agreements. Sand Land does reserve the right to relocate any access when extraction of sand and gravel makes the same necessary. Alternate access will be provided prior to that event. 2. Stockpiling of Materials. There is no evidence of stockpiling of material is detrimental to any pipeline structures. Sand Land obtained a saFSeP. 14. 1999tr.11 :45A:1lsoPHS RESOURCES, INC, 303 423 7t.:No. 3761 P. 4/4'-03 Mr.Donald French c/o H. S.Resources September 13, 1999 Page 2 certification and review of stockpiling activities by a Colorado registered professional engineer. Reference can be made to Exhibit C-3 of Sand Land's previous submittal to the County for its permit. That exhibit is the"protection of existing facilities plat". 3. Access to Well Heads. H.S.R. has requested a 100 foot radius around the oil and gas well heads. This seems to be somewhat extreme. Sand Land acknowledges that there is an Oil and Gas Conservation Commission rule that states non-production vehicles be parked at a distance not less than 100 feet from a well head(Rule 602(c)). Parking has not been a problem for H.S.R.in the past and should not be in the Mute. As to the rule for inflammable materials, they must be kept 25 feet from the well head and Sand Land will accommodate that need(Rule 603(b)(7)). Getting back to the H.S.R 100-foot radius request, Sand Land will maintain that radius at approximate original contour levels around existing well heads. Sand Land reserves the right to mine within 25 feet of any wellhead provided that after the sand and gravel is removed the area surrounding the well head is back filled so that there will again be a (00-foot radius at the approximate original contour. Sand Land will coordinate this activity with H.S,R. in writing prior to such mining activity. Please consider this offer of resolution. Sincerely, BOATRIGHT& , PP TRR/ggs cc: Client COMPANIES 2,3a saau�n%th SVeet Broomfieltl.Colorado 80020 i .S Q?p (303f qz 3. 7/ `33 3rz� Znese5.70) 587 ' 0/ 7S Christopher Varra (303) 666-6657 FAX (303) 666-6743 SPECIAL REVIEW(PERMIT#1219 - SAND LAND, INC., co PASQUALE AND JACQUELINE • VARRA PAGE 3 2. Prior to recording the plat: A. The applicant shall submit to the Colorado Department of Transportation C DOT a traffic study to help determine necessary improvements, as well as conclude which access will be safest. B. The applicant shall submit to the Department of Planning Services an C D a T agreement with the Colorado Department of Transportation which will include any highway improvements deemed necessary. If the haul route is designated to access onto Weld County Road 17, the applicant shall post adequate collateral and enter into a Road Maintenance and Improvements Agreement to include the following: 1. The applicant shall upgrade and pave Weld County Road 17 between the existing access and State Highway 66 (haul route) due to the impact of heavy truck traffic. 2. The applicant shall pave through both radii at the entrance to the site and directly south. 3. The applicant shall realign Weld County Road 17 at the approach to State Highway 66 to 90 degrees to accommodate truck traffic and widening and paving radii to accommodate turning. MS _ D. )The applicant shall submit a copy of an agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site. E. The applicant shall submit evidence from a certified engineer that encroachment upon the existing residences will not adversely affect the structures or their existing septic systems. If this is not obtained the extraction will not be permitted closer than 125 feet from the exterior of the residences in accordance with Section 44.4.1 of the Weld County Zoning Ordinance. F. The applicant shall submit a plan for a storm retention facility to the Weld County Public Works Department for review and approval. The facility • shall retain storm water runoff from a fully developed site from a one-hundred (100) year storm. The drainage facility shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five (5) year storm falling on an undeveloped site. If the proposal is to discharge into the Last Chance or Seep ditch, the applicant shall provide written permission from the ditch companies to discharge its' storm water at these locations. Evidence of Public Works approval shall be submitted to the Department of Planning Services. 990986 PL1300 BOATRIGHT� & RIPP, PLLC 9 4 Vato 4315 WADSWORTH BOULEVARD WHEAT RIDGE,COLORADO 80088 TELEPHONE(303)423-7131 THOMAS R.RIPE' August 31, 1999 FAX(303)423-7139 s Lee D. Morrison, Esq. 11i`) SEE' 0 1 1999 Weld County Attorney IVA `-M 9 Weld County Courthouse \tLDCOUNT`a E P. O. Box C 3' RNEY'R `= Greeley, CO 80632 Re: Sand Land, Inc. —Kurtz Resource Recovery and Land Development Project Colorado Division of Minerals & Geology Permit No. M99-006 Weld County Use By Special Review Permit USR 1219 Dear Mr. Morrison: As you have been made aware,the document in the form as set forth in attached Exhibit 1 was given to H. S. Resources (H.S.R.) for execution. A document in the same form was obtained from KN Energy, Inc. which was returned by KN Energy without comment. H.S.R. on the other hand seeks to rewrite the rights which they have under the oil and gas leases which they succeeded to. In other words, H.S.R. is seeking to greatly enhance their situation given the County's requirement for a letter of accommodation with the oil and gas producer. Sand Land, Inc., the owner of the property and Varra Companies, the extractive operator, do not believe that a rewritten"surface use agreement" is appropriate or fair given this situation. A comparison of the proposed "surface use agreement" to the existing leases in effect demonstrates that H. S. Resources is attempting to obtain significant additional rights given the County's request for an accommodation letter. The two primary leases under which H.S.R. claims rights are a February 1970 lease between Albert Kurtz, et al. and T. S. Pace and a May 1974 lease between. Amoco Production Company and Albert Kurtz. The T. S. Pace lease does refer to a requirement that no well be drilled closer than 200 feet to any structure and that all pipelines be buried below plow depth. The Amoco Production Company lease makes no references to pipeline depth requirements or set backs regarding wells. It is true that there are several pipeline easement agreements under which H. S. Resources also apparently claims rights. Those agreements are more explicit in that, at least with regard to pipelines, set backs from the pipelines are specified (usually 12.5 feet after installation) and vary between 24 and 42 inches of depth for burial of any traversing or extractive pipeline. Lee D. Morrison, Esq. Weld County Attorney August 31, 1999 Page 2 H. S. Resources seeks to be guaranteed a 100 foot radius around all existing wells, and have Sand Land either construct or maintain access roads which must be 25 feet in width to all of the producing wells. H.S.R. also stipulates that the construction and maintenance of the roads be at Sand Land's expense. In addition, H.S.R. seeks to restrict the stockpiling of any soil or extracted materials over any existing pipeline. The above conditions are not set forth in the existing right-of-way grant or the leases under which H.S.R. claims a right of drilling. What H.S.R. is seizing upon is an opportunity to expand its rights given the rather benevolent concern which the County has to simply make sure that it is being given sufficient consideration under the mining operations of Sand Land. We do not believe the Commissioners intend that their concern for the rights of mineral owners be used as a device to gain leverage over the rights of a surface owner. While Sand Land cannot agree to the terms requested by H.S.R., it has made reasonable provisions for H.S.R. it its extraction operations. Sand Land is furthermore willing to commit to certain terms to accommodate the concerns of H.S.R. as follows: 1. Access Easement. Sand Land will provide access to and from the well heads by way of a 25 foot wide designated area. Sand Land will not create any permanent obstructions which interfere with access to a well head. Temporary obstructions can be removed by Sand Land upon request. With regard to the cost of installing and maintaining a 25 foot access corridor, Sand Land will rely on current recorded agreements. Sand Land does reserve the right to relocate any access when extraction of sand and gravel makes the same necessary. Alternate access will be provided in that event. 2. Stockpiling of Materials. There is no evidence of stockpiling of material is detrimental to any pipeline structures. Sand Land obtained a certification and review of stockpiling activities by a Colorado registered professional engineer. Reference can be made to Exhibit C-3 of Sand Land's previous submittal to the County for its permit. That exhibit is the "protection of existing facilities plat". Brad Janes will drop that document off if you have not seen it. 3. Access to Well Heads. H.S.R. has requested a 100 foot radius around the oil and gas well heads. This seems to be somewhat extreme. Sand Land acknowledges that there is an Oil and Gas Conservation Commission rule that states non-production vehicles be parked at a distance not less than 100 feet from a well head (Rule 602(c)). Parking has not been a problem for H.S.R. in the past and should not be in the future. As to the rule for inflammable materials, Lee D. Morrison, Esq. Weld County Attorney August 31, 1999 Page 3 they must be kept 25 feet from the well head and Sand Land will accommodate that need(Rule 603(b)(7)). Getting back to the H.S.R. 100-foot radius request, Sand Land will maintain that radius at approximate original contour levels around existing well heads. Sand Land reserves the right to mine within 25 feet of any well head provided that after the sand and gravel is removed the area surrounding the well head is back filled so that there will again be a 100-foot radius at the approximate original contour. Sand Land will coordinate this activity with H.S.R. in writing prior to such mining activity. As can be seen, Sand Land is trying to be as reasonable as possible in dealing with H.S.R. H.S.R. wants to cut a better deal than it has under the leases which it obtained, using the County mining permit process as leverage. That is not fair and we hope you and the County Commissioners agree with that position. If you do agree, Sand Land will then provide your office with a "buffer drawing" which graphically portrays the information set forth in this correspondence. Sand Land very much wishes to bring this matter to a fair and speedy conclusion. Specifically, Sand Land seeks relief through your office by determination that reasonable accommodation has been made and that the accommodation meets the intent of present County regulations in addition to Condition No. 2D, of the approved USR#1219. Please contact me if you have any questions about this. Sincerely, BOATRIGHT &-RIPP;PL C .mow . . - ThoKa's & Ihpli" TRR/ggs cc: Client • Varra Companies, Inc. 2130 S.96th Street•Broomfield,Colorado 80020•Telephone(303)666-6657•FAX(303)666-6743 21 June 1999 To: Donald French, Landman H.S. Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 From: Christopher L. Varra, President Varra Companies, Inc. Subject: Sand Land, Inc. - Kurtz Resource Recovery and Land Development Project located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division of Minerals and Geology Permit M99-006. Your signature below acknowledges that the above stated project has adequately incorporated H.S. Resources, Inc. oil and gas activities on this property into the project design- A copy of the Pre-mining Plan Map C-1 showing the facilities is included along with the Mining Plan Map C-2, to show the relationship between your facilities and our operations. Please return the signed form immediately in the self addressed stamped envelope included for your convenience, and retain the included copy for your records. If you need further information or clarification, please contact me directly at (303) 882-5020, or my associate, Elradford Janes at (970) 353-8310. Your cooperation is appreciated. Acknowledged by: Date: Donald French, Landman H.S. Resources, Inc. EXHIBIT 1 1 • • +1. :r s's,nt A n n .y r-- c7 r t�t},�..i. 1 yt, 4r ltda nt" Y' li�•9 '� _AFd �ftlR7 VRx�7rr5;CPt 41A 4y '. .. aT.l VAN+ 4h1 �i >) I yM'r . �J ll" 5 ) yy "N,n f T `{1,Iyyt�� ryM 2t V ,,,,..92 k tM, . "1? ? , Iltry Iwt�G s�l �Ir'j� Lis 11'' ry eYit4r� ,� •. ., a � "J'5e9 wt E.EB...1.0 1976 • r` os ,z�, R«. No. Itie._._S.- S. Lee Shaine, Jr., Record.. Unit - Gilbert Accord .),I • • ' Land No. 617528 } ��^ Acct. No. 410257-0 I11 +,' o` Property 0 712760 (\ .'�' f L y. O . JJJ �I Mi Name - Albert D. Kurtz I� 1 t ri e 1 i '. °/r .0 AFFIDAVIT OF LEASE EXTENSION " N del 9 i 0 rr w. 4 o W. C. Liles, of lawful age, being duly swdrn on his oath, ...tales that t, 11 e....0 he is the Denver Division Administrative Manager - Producing of Amoco tl 1f i Production Company,1 c P y, a Delaware Cro oration, authorized to conduct business • [ .t. tti In the State of Colorado and that he is authorized to make thin All Iduvlr 41 tJ m behalf of said corporation; and that: �hyt 1`', 'l " I I. Amoco Production Company is the owner of an lot -rest in th, 1 17 1 following described oil and gas lease, covering lands in Weld f i f io Ii z County, State of Colorado: a. If/ 1 - Lessor; Albert U. Kurtz 4 ' I�j' . Lessee: T. S. Pace 1, I3' +' C T.ff•ct lve Date: 2-IL-70 'l 5 Filed I 'd Recorded: 7-19-70, Book 612, Rec. No. 1544075 ! I•y- insofar as said lease covers the following described lands in said l:.nnty l7 h f+ and State, to-wit: [«'- l LI t! Township 7 North, Range 67 West. 6th P.M. VI L Section 29: E/2 NE/4, NW NE, NE NW, containing 160 acres, more or less r' fe 2. The above ase is (or a term of five years from the effutttve I J date thereof and a long thereafter as ell and/nr gm Is produced from the • 7 7 amid land. e3. A producing gas well has been core rte on the above described 's. lands on 9-1i-75 In the Muddy "J" sand and is y `r presently f producing. ? '- 46`' —_ b b4 e Pit t. 1n `f r W. 'MIr}` ri r r� 1 J Ye.Ct�y71�y{{f?x''� i.):"RI •m - . . ' ''' , �,.lH. ftr„'IIF "4�' r, I r s vfl J'vJ, eTF1"V • 4 1"'li , r.{ Y /t.''"tr1 y v � , 4Fd�f �s ' I 7T + • ‘4 /314/41:,, +{ r. .v�,k, n lf, �2'V'.r r E it b c, I' • t.004,759 1680952 ,i ,) a 1 , 4. Thin Affidavit is made in compliance with OW pow loloun "I bcrllou 4 ¢r,, 38-42-106, Colorado Revised Statutes 1973, and is far th,• propose of giving ' : notice that the above described lease is extended beyond itsprimary $ ., y or 4r I, definite term. ,r tl r ?.11}� IN WITNESS WHEREOF, this instrument is executed tbn�it�( day of •`(�r V.€.1/ �L.'[v4.(�etty , 1971. 4g 1 va ridtm i � W. C. Liles i G 1;s STATE OF COLORADO ) , ,, SS. IA i'l CITY AND COUNTY OF DENVER ) SUD'CRIBED AND SWORN to before me by H. C. Liles this.--;7.44D°11419...vA y�' // / OLy ey ) / is ary Public 4 11."- k 1.Lii My f.ammi6alaL Expires: 1"l' 7 It Lam COLORADO II le, STATE OF COLORADO) e. ) SS. °4 r r 1.1 COUNTY OF DENVER ) elstl, or f•,' The foregaln //instrument was acknowledged before me thli...j.t6 > day of • 1'Y-[n.4L�L 197 . j3�;.... i t`.. .. Agy lG-,-.,.;i _ M racy Public VLI,t My Commission Expires: :r ti • h• r .v f• 4 '/ 7 36n JZ„.• . _ , rs ' '.1.b... IfL..- ''' _ .... ,yam . ' te r,'c.%}tPI�Y 7t� me kilt • nt. P .'di} J'F. _ ; '. ,-*LY fr. ai ` - el • read N g.5 end A Y MAR 1 91970 r.X N. '�,n4Or• 7u . Starr,rear 71 -JO ` r h...oYl..._yr., r.c- �c OIL AND GAS LEASE TAIIIrra OK. till! .I.REEYIST. .r.•..,. .. i 16th P,bru.r7., 0 Albert __:... .__—_--.1. «I. n 1�.{altar . aarrled.aanE.allae In his sob. and upataL property' N.= Eur_tf. •rldonr. Root* 2, Box 55, PLtt.rillee Colarado 80631 _.-- -__ _ r)I I S. 9. Pace, 718 Pattaram.Dldl♦. Danner,.Colorado__ ..--- . r - •yen. .., 4r.. . . r MM1 tore err.' .x . 1(I 0' ••••••••••1..• leiJoe .I slip—Lad tad 10 Mgp9.IP ., "honer Y 1 e .e. . , r ... �.,/� N1" ~•leae.ir.n ^r.,.Mlr .l irk ie . her• el one FY 00.1r IF F ad.naiad�l • wl .MM'u u0100. ^..XYN Q ..err.. on one•1•.....-1 •n.M"N n.r el '•I...r•ere W •a .... .^n .N.Y.n.1.^.r.1,errs♦ uw.INr my N. .n.n......l....11.1 Oa MIo�tbly 3 Yox�t��h!'err - 1...1 N I.^._Colorado IM.....�.'..,4 eN11•ii•• __. o Section 29, ETer•CI In4EE*, nil* P.M. _ _- a• a ..w.wn .a .A.n.or -- ._______....N.. ]X __ ..__..•e.M...•.•160 . ..... ..... le N «e• ..rrum,.nhm«re sa:•e.r.. 1 rioter Warr . Five (5) — . n '0 l le w rr ere.r.re Waal. .^X W Ir. ,Y.M.IY .r In.Fah"re NY .leer r rm.re erre•lie r reeler.der err' O e...,rr F.Fa'e..1..m lep the r...ert net:r wM.N Ile FIN Ile.Y .un IYw.Y rant re era. IM..rl Y.hero .♦• FR .• .0 ay see • Tr roe reii aerie. tell N•M ile rr il emperor .ue. 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N „ 1 M ,; ' 7M 1W w Y Jr M P the N r.".ww Si a....rlu N eM a _J-..Stu b,.-Yr Y80/100. net .Harr•.F aWp SF Ft ♦ e Orr re N• rr1•tl•14 e N erre.•M YM.I.r••w•el .Oar fef terse W rse ha•eel-• 4.5 P ow pr 1W.,_.rare,,4 Via 0•40 •oelerre Y W Wrlr r.NYrr•errr.wa elrl erl.rre.Pee Orr,ea moor et snowed ileler lede ere�rites Irr.�' MWe1 MI r... I.IN.IWw•"UP ...me I Y. wed hr ear GI Oa.M ..,11 0 ...I.N. .•....-re rr ee WWI Wy a rr' Md u....•Y..M SI.M..rewa .r Fa . rear e ler ...l N re ta and re •Ler.-.44 N e feloime ay rrr• FM . N W Me me err or riee.. rrel 1MM•reef S'•diu.Ws.XIeF r....a ref Orr ail',we• r"••1Y S elwNN••••••••00.• t MP vrrr1SY•mr a . .1 mr air er erwrlal rrrYrrrrw•YFar ill ,e r Ysie♦^• aria aMa' •,wr.0.11 drilled ii- ye r...ad ha for IMF ee W,rF •SOft mealFon. . hr r rm.••X•rr..orir•nr.. .". 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Inn-.rle.n in r ter M • Yew N•rM••rrrlr�Y Y.r rreelloill lw.oiler to re e le prep,.r•Ir•r err,i...rh n el or err 1retis. W rYro. ...e leer W Y CPU.We IMAM. Yry�.—b errs..r. r.r..xN •M yeomen,.errors Or II haler..14.. wF ear Y Fierb_.4.rien Y tea of .bow rleer.W r W W rarer err lost ripe ale . r Fat Ina la Mat Flo.w.For e y Wiwr naiad 1t ire a errs 44 r el ire err serr ar r.Pr rrnr near en sr serer rn epe ••r• a..1.ley SO u Y.xY wooly W Yre.rr.F.... T.•r.^.s W peer, .rYs.Y r ..Wnlrs .hF r w.. r rr.nm W•. Flue ..n. r .... ewe. rear er elo e 11ee1•}•w Ow •M.lesser sew barns.-•nWrrS sr fere roper NerW sN.oral Y re ewer.x."•rh_.•e.N NMa'.n\Twl 5 • Ire./r_r e.re Ile4 NMFwrr�rrr M'sir N r1 a r�4lir o ••. •r ♦wlr•r••s 44•l,•rr'woke F sir•won Y .tlrl I.r or..... • New.M•.Fl n• rrwe Yn.NY e ..Y eY wry Y W wnf N r"rrrl. . •n er ere r Ile WI.IrY.W.'.••,n) rrr rN ea nM044as M1r rY r ye.F W YIids r.•r W••.rXA S ee•r.e - ..eyyJYl.ma lir Me F rY ear rr"• e s 4*la trier is n« N,.n N~t•. rr.n Ile•rM•r re w wan e drier Y Y•-4.rrrr N W. a rib N•F Y Y.wh A _mere•M•e�y Mnyry�.hewn Leer N W seer Y-*_ Y•Y•Y err Y rear n ' e!W•(y�el.'��lr.r F Yrw rIw err II ones or W 1...Moe Y.W W.lead Y.Y N eF /tam'.. .I.r.IMF beet l4�e Or ware mowers s re war en low trri.errwr sr... rare VII Y Ire Nen••r N.lonwa.,r",,_, Wr saw NY•r".reap -r ma F F wr^--e w _ 5...•..w•r•••'r law Y Fay a' ere Y.Noel • eF 'row N•Y row r.Fart Fe F _ SSr 111 Otero watt" larOenta to be area to llbart D. !forts.�aaa of the abort' weed ..lela�.. L the of fl..• t _ _ I 7 L f L 1 teI.. Vail Ile nIS In ki V. _ the ter ue.a - Col Endo rew.Ma Orr, w Wren onv.r.re W Ma WYw e.+w riser —••. •... 15Q tarn.{ r _ . -- y flay, 11...11. r • r j i..7 3 G.o ?%;:. • r^ e.ynf 622 ' 1544075 :TATE OF_SCRTEdo ful'RLtiUL„�Illd }.., ACKNOWLEDGMENT FOIL INDIVIDUAL i Kona,Olin„and en'.. • umknl,nM.•Notary I•ublk,within and fur said snub ul.l .en this 16th • - •M"•f f .10.211_.Personally arpened `e* ft . 'tint. a marrtetl an. Mar rant, a IAA rte 4.. Ile --`--- -- $n me Fri,ga*.l 1 u be the Identktl FnenL whit'amine the within fenroinr Ins an •r nnrledrnl u.,see ie,t-� yid the name a Their fr end eel unln'a • I .o I therein net forth. - d7� l:F.' WHEREOF.I Fore hereunto Mt my hone and*Ilk ae en. My nmminio.;.l.kn_illalurl 11. lab • N..ary Yui.h-_. ._ STATE.or - }e COUNTY Or___ .. ACKN'OW'LEDGMENT loll IN ION ID PA I.'Now..Oa..and Cul...l Rehire me,IJa undersigned.•Notary Public.within end for said taunt).end Malt.on the_..__ —__ I' day el ,le_,personally.neared C and C In me personally known to be the Similes'Fnon_whe notched the within and foresail.,instrument and.rtnu.el.•led Inn,. o that--___,^embedel.d the same a. Ine and voluntary art and deed for the use.and purposes thernn.m In•ik IN WITNESS WHEREOF,I have hereunto eel my hand and official seal the day...I year last*hen.0 mien. e 1 My rommleslen mesas Soarer Publw -- . • STATE OI__ I.e COUNTY O►_ ACKNOWLEDGMENT FOR corn'RATION • On this day of _,A.D..HP—.before me.the undrein,d,a&nary Palk n and far Ile ee It;and state afenuM.WWnonall • a .. Ia me Mnnd4 mows to be 1M IMnlir.I Fr...:M — " • signed the rem. of the maker thereof N the within and fereanne • I'nidenl and acknowledged to me that_ v ted the same as _free and • ',.inter/• •.and.l00d.and as the fm and nlustary sal end deed of said corporation,for the uses and purport Mhmnn tit forth. Gle. .under my hand and al the day and year at,abatis written. My romr.aalan oaulna_ Notary Public. I1 e : II l,r € 1 , I I i ell'.r I VI PI . et Ty Q Eit 3 y `n r z Z 1 i d I� 3 it c _� E Nl 4 ° i > a .T R` I t I n _ t z NOTE: When.1/altars by lamb In Kase.bald oink le . For aehaewlmlement h mark. tat rear la nr.s l aria,. n . ia,.IMemenl ,.l eel... rin.....•.IaN STATT.OF— es. ACKNOWLEDGMENT FOR INDIVIDUAL.Kan..Oki.....d...1... COUNTY OT— Raton sew.the andern,ned,a Notary P.WM,wnhia and for.aid county mat stale.nn Iota___ ---.-._ day ef II—.perMnOy•reeared __.. and le me en«uRy lean to be the Welke;pen.n_wha eawa,M the with,,and fn..ome msnumenl.n.l a.lrna.,,,.d p..,. Ihal— ntt.ted IM same as fr n id da ee sad rJtary art ad/or Ike area aid purr...Ili ...I•.. n IN WITHEIIS WHEREOF,I beve bemoan sot my hand rid official Mal thy day and year leer finer el urn Mt•.mmlaakn cokes —. ...eo full • J ' MS 1'\i . \ y-:;, .I •, 1976 al(• 762 a Ns lti@3i4P3_ C t.. !..,Ore. ii. ananfs Unit - Al Kurtz Gas Unit (Nay) Land I - 613521 I Arct e - 410212'-'5 .i : t I;.y.e,ly , 612193 y :...n..• - Albert D. Kurtz •.• Ut.:1:.!_; di Ll..A. UJENSIOL .y '. 4.. 1..iv n, .•I i Iw,o, ag,'. • . .a .h,I $6011. .w WS oath. states Cut ,2he is Ibr ....Ili..? ::Iv!xI .I. Alibi-1-.11.n lve Han.Igvr - Producing of Amoco 1•J I'redu, I lo;: ::e1:4.r., , n . .{:lucre C„1'Purdl11:0, a,.thorlt,•.l to conduct husln,mu is! In Ih. Sun.. cl I •:.'I..E•• and that In Is .Iuthorla,.J to make this Affidavit in bel.nlf ,•i ....I.: . •r lvo; and l'ta!• I. Al....,.. Ih litho ; lilt l.ompane is Lite alter t .o: Iutvrrat In the • 1 I id lov leg ,Iestrli:.•.I and gas Itnne, covrrlag Laub, Iii _Kole _._ County, State of I . LesaoiI Albert D. Kurtz • Loasee: Amoco Production Company Effective Date; 11iY 23, 1974 Filed and Recorded: July 1, 1974, Book 718, Rec. 16 '9747 insofar as said lease covers the following described lands l.. %ni,l rut; v and State, to-wit: Township J North, Rance 67 West, 6th P.M. Section 28: NE/4 NW/d Section 29: SW/4 NW/4, NW/4 NW/4 except West 999 feet thereof, and except North 40 feet thereof i i.. containing 100 acres more or less it r :t P. . ' 2. The above lease la for a term of two years from the effective f}. date thereof and as lung.thereaf ter as oil and/or gas is produced from the said land. q ( 3. A producing gas _ well has been completed on the above described n ' , • lands on October 1, 19751n the _Muggy "J" sand and la presently Shut In Gas Well Waiting on Connections 1. st • r )76 µ„e 162 16539S3 „, \Ill n 11 I+ „..I, In ..,r .II u..c with 11.. pl...1•.I••u., . I I I..Irr:..:.. N.vl...d SI IIuI.'I. I'1/I, mid In I.., II.. pl ol... .. I I, I. . ...II 1.., d„ve J••w. ruL,.I Ira.,, I,. exN•nd.•d I., ymW it.. pl I,,.,t •.I - • del ln!I• Ielr.. '1 Al IS'SS Iilir.I:LOF, nut. In Nt rumeul 11 executed the __/5711 d..l .d 1916 _ . . w. I:. I,IIrw SE'A'I E uF I:I,LORAI)t ) SS. ( IIV AND IouN Y OF DENVER ) SUBSCRIBED i AND SWORN to before me by V. C. Liles tills _155-!N day ul ilk �"�!(=Jd.a.� • 197 L. TAO ✓ •,l_.�• •�r Nulnry Pull lc '^US:OS( ;0 as inn I'.x99I run: 7la-V/28 COLORADO SCATS OF COLORADO) d ) Ss. COUNTY OF DENVER ) • The foregoing Instrument was acknowledged before me lhia 337/ day-t of Of 0-4PA. . 19 '/ lR l. 4< rr Notary Publ It r • trUrl Iwo{on Expires: 1 4:a II tly.cy ^• ..rn 762 gK Wa 166338.5. $. L.. Shahs., Jr., awn Unit - Al KUrtz Gas Unit (Nay) l Land 1 - 613521 ^' Acct 1 - 410212-5a C�IV y D`k a% I'e0Pelty p 612190 yr ha""' - Albert D. Kurtz .-a ri AFi.luC 1; Jr LEASE EXTENSIur: .4 r_ t. C. : !has, of Lo-tul age, bring uuly seem on hie oath, states that he au the beaver oiv tnl.•° Administrative Manager - Producing of Amer i'radii tlo" tamp;,'.;, a ytlaware Corporation, authorized to conduct business N IY: In the State of toieraan and that .ic is authorized to ma;:e this Affidavit on Lchalf o. bald tot-rot-talon; and that! I. Aevu':• Prod,:elieu Company is the owner ta' nu Interest la Lill 1 t loll.: described oft and gas lease, covering land° In Weld County, State of Colorado: Lessor: Albert D. Kurtz Lessee; Amoco Production Company Effective late: lay 23, 1974 Filed and Recorded: July 1, 1974, Book 718, Rec. 16397'8 insofar an said lease covers the following described lands in said Count and lSiete, to-wit: Township 3 North, Range 67 West, 6th P.M. Section 38: W/2 SW/4, S/2 NW/4, NW/4 NW/4 containing 200 acres more or lesstor 41. 2. The above lease is for a term of two pears from the effective date thereof and as long thereafter as oil and/or gas is produced from the • "4a maid land. ,1; 3. A producing gas well has been completed on the above described .. lands on October 1, 1971„ the Muddy "J" ,`�-,4 son] and is presently I" Shut, In Gas Well Waiting on Connections 'H¢% .444 4 alma • • WO% o • 762 1653:11.15 4. ILIn AI I'davit In made In rumrl low.., will. II.. pl.•vl»I.e.:. it '.. . i I ... IN-h;- IUn, Celernd.. Rev lord SIal titre 197'I, and In I.., lin 'Intro•.• ..I . lulu, a ! the l.r• I hal the above et.cri Lod Irawe is extended In rand It,. p. Im; any . del lel to term. 1� , IN WITNESS WI WHERE0F, this instrument is executed the 154t day ..I /n_ . II 4�l/J+� 197 .. I . I 1 I 1 — _ IW. r.. Lite., I I ,j ST, li OF {IOI.URADU ) I ) SS. I.V. AND COUNTY OF DENVER ) I �.: i 7.S .� �., wtiIIIISCRIREU AND SWORN to before we Ly W. C. Liles this day tf ') IjlitftY •jK � rir�- 197 Notary Publ lc My I.ummlmml,4. Lxpl rem: _ 1/074/721 COLORADO STATE OF COLORADO) { ) SS. 1 COUNTY OF DENVER ) I The foregoing Instrument was acknowledged before me this Ac ill‘ /� Y of )'ff i I� l9 ` Notary Public �• �,,.My.SITA� ��/ Tree: l)'. i a . -:-o-o- e,.' .A.V. i' AEl. r I f. • :4. i, COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F923765 SCHEDULE B - Continued EXCEPTIONS 20. Easement and right of way for pipe line purposes, as granted to Panhandle Eastern Pipeline Company by Albert D. Kurtz, in the instrument recorded February 23 , 1976 in Book 760 as Reception No. I ` d / #1681862 , affecting the following described property: That part of I ' the N 1/2 of the SW 1/4 of Section 28, Township 3 North, Range 67 West, Weld County, Colorado, more particularly described as a at. strip of land 50. 00 feet in width, the centerline of which is re) described as follows: Beginning at a point on the South line of tit said N 1/2 of said SW 1/4, said point being N 90 degrees 00'00"W th. on an assumed bearing a distance of 1162 .85 feet from the 1 Southeast corner of said N 1/2 ; thence N 58 degrees 07 '34" East for a distance of 47. 34 feet to a point; thence N 90 degrees 1/ 00'00"E and. running approximately 25. 00 feet North of and parallel ` to the South line of said N 1/2 for a distance of 1122 . 31 feet to a point on the East line of said N 1/2 , said point being N 00 degrees 46'32"W, a distance of 25. 00 feet from the Southeast corner of said N 1/2 of said SW 1/4 of said Section 28. ✓21. Oil and Gas Lease between Albert D. Kurtz and Amoco Production Co. recorded July 1, 1974 in Book 718 as Reception No. 1639747, and C any interests therein or rights thereunder. (45 ' NOTE: Extension of the above lease as claimed by Affidavit, pursuant to 1973 Colorado Revised Statutes, 38-42-106, recorded by Amoco Production Co. on March 22 , 1976 in Book 762 as Reception No. 1683983we r2L 2 . Oil and Gas Lease between Albert D. Kurtz and Amoco Production Company, recorded July 1, 1974 in Book 718 as Reception No. 639758, and any interests therein or rights thereunder. \A ' S NOTE: Extension of the above lease as claimed by Affidavit, pursuant to 1973 Colorado Revised Statutes, 38-42-106, recorded by Amoco Production Co. on March 22 , 1976 in Book 762 as Reception No. 1683985me x/23 . Oil and Gas Lease between Albert D. Kurtz and T.S . Pace, recorded March 19, 1970 in Book 622 as Reception No. 1544075, and any interests therein or rights thereunder. �' I NOTE: Extension of the above lease as claimed by Affidavit, pursuant to 1973 Colorado Revised Statutes, 38-42-106, recorded by Amoco Production Co. on February 10, 1976 in Book 759 as Reception No. 1680952 ✓ Page 9 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F923765 SCHEDULE B - Continued EXCEPTIONS ✓l4 . Easement and right of way for pipe line together with the rights for drips pipe line markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances essential to the maintenance and operation of said line and for the /J transportation of oil, gas or other substances therein, as granted ( to Panhandle Eastern Pipe Line Company, a Delaware Corporation, by • Elverna Kurtz and Sherry Hocking as Co-Personal Representatives of the Estate of Albert D. Kurtz, deceased, in the instrument recorded April 5, 1984 in Book 1025 as Reception No. 01961821, and recorded November 15, 1984 in Book 1049 as Reception No. 01988615 re the location of which is shown in the map attached to said instrument. 25. Any a ights, sts or easements in of Colorado, the Unite a or the general_�ublic, wnicp exist c acme the gate's and (pre 'an pas a an s o rain c 126. Right of way for pipeline purposes as granted to Resource Gathering Systems, Inc. by instrument recorded September 3 , 1997 in Book 1624 as Reception No. 25667424e ✓l7 . Right of way for pipeline purposes as granted to Resource Gathering Systems, Inc. , a California Corporation by instrument / recorded January 29 , 1993 in Book 1368 as Reception No. 2320029r ✓Z8 . Easement and Surface Use Agreement between Elverna Burchfield and Sherry Rose and Elk Exploration, Inc. , a California Corporation recorded January 29, 1993 in Book 1368 as Reception No. 2320031.' €9 . Right whether in fee or easement only, for water pipeline purposes, as g hern Col onservancy District by Sherry Redmond , nuary 26, 1996 in Book 1528 See Attach 3409,✓affecting the o escribed property: See copy attached �0. Right of way for pipeline purposes granted to Resource Gathering Systems, Inc. , a California Corporation by instrument recorded December 9, 1994 in Book 1471 as Reception No. 2418564 / Page 10 SURFACE USE AGREEMENT DST (Existing Wells and Future Wells) This Surface Use Agreement ("Agreement") is made this day of August, 1999, and is between HS Resources, Inc. ("HSR"), with an address of 1999 Broadway, Suite 3600, Denver, Colorado 80202, and Sand Land, Inc. ("Developer"), with an address of 12910 WCR 13, Longmont, Colorado 80504. A. Developer is the owner of the surface of the NW/4, N/2SW/4 of Section 28, and a portion of the E/2NE/4 Section 29, Township 2, North, Range 67 West, Weld County, Colorado (hereinafter referred to as the"Property"); B. Developer's surface ownership of the Property is subject to the rights of the oil and gas mineral estate which has been leased to HSR; C. Developer has obtained mining permit M99-006 for an open cut gravel mine and batch plant known as the Kurtz Resource Recovery and Land Development Project; D. HSR has the right to deepen, recomplete or rework the existing wells ("Existing Wells") on the Property. E. HSR has the right to develop its oil and gas leasehold estate by drilling additional wells (hereinafter referred to as "Future Wells") on the Property and/or deepening, recompleting, or reworking these Future Wells; and F. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Developer and HSR's operation and development of its oil and gas leasehold estate. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREAS RESERVED Developer shall provide HSR a 100 foot radius around Existing Wells (the "Oil and Gas Operation Areas") as described in Exhibit 'A' for the Existing Wells and for the Future Wells, jointly the ("Wells") for any operations conducted by HSR in connection with any Wells, including, but not limited to, lease operating activities, new drilling, workover's, well deepenings, recompletions and fracturing. 2. FUTURE WELL LOCATIONS. HSR shall have the right to Future Wells (including horizontal and directional wells that produce from and drain the Property and lands other than the Property) at any locations within the Oil and Gas Operation Areas, so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC"). HSR shall not otherwise have the right to drill wells on the Property. 3. SURFACE RECLAMATION AND SURFACE DAMAGES. HSR shall be responsible for all costs of reclamation for its activities on the Property. 4. ACCESS. a) Developer shall all times provide to HSR a 25 foot wide easement for access to the Oil and Gas Operations Areas and production facilities. The access roads shall be constructed at Developer's sole cost and expense. HSR shall maintain access roads at its sole cost during the period of time that HSR conducts operations on the Property using such access. Whenever possible, access roads will be located over flowlines and/or pipelines. b) Access to Operation Areas and production facilities may be changed by mutual agreement of the Developer and HSR; provided, however, all costs and expenses of the relocation shall be borne by the Developer. c) The Developer shall maintain and keep any access jointly used by both the Developer and HSR in good condition and repair; however, if HSR causes damage to a road HSR will agree to promptly repair any damaged which it caused which is a direct result of its use of the road. Neither HSR nor the Developer shall unreasonably interfere with the use by the other party of access roads. d) Developer will not allow any extraction or fill, using as a baseline the surface of the original ground as of the date of this Agreement, within a radius of 100 feet from the center of any well head, without first submitting in writing to HSR 60 days prior to beginning such activity a plan acceptable to HSR for interim emergency procedures to include satisfactory access of a workover rig and emergency vehicles. Upon conclusion of the extraction, Developer will fill and level the Oil and Gas Operation Areas within 100 foot radius of the wellhead. Extraction within the 100 feet radius of a wellhead will not take longer than 4 months unless a longer period is agreed to by Developer and HSR. 6. BATTERIES AND EQUIPMENT (PRODUCTION FACILITIES). a) HSR shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of any Wells only within the Oil and Gas Operation Areas or within the area of existing production facilities. b) Developer shall install and maintain, at its sole cost and expense, any landscaping Developer finds necessary around any Operation Areas or production facilities. CUAYDarmanIMEMIEURFACIIVU AUUZNM Y.WIAY 2 Developer shall not inhibit HSR's access to said facilities by landscaping or other installations. 7. FLOWLINES AND PIPELINES. a) HSR shall have the right to lay flowlines and pipelines which to the extent possible will be located under access roads to the Oil and Gas Operation Areas and production facilities. All pipelines shall be located at a surface depth of approximately 48 inches from the final graded elevation. Flowlines, which are defined as those lines which carry water or hydrocarbons from the wellhead to a production unit (such as a separator), shall be buried to a surface depth of at least 36 inches. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of HSR or its gas purchaser. b) Developer will not allow any extraction to occur, commencing at the surface of the original ground, closer than 12.5 feet from any flowline or pipeline. c) Developer will not allow any stockpile of soil exceeding 5 feet in depth to be placed over any flowline or pipeline. Should developer desire to exceed this limit, HSR agrees tc relocate any flowline or pipeline within 14 days of receiving notice from Developer of the desired location of any relocation and Developer shall pay all HSR's costs for any relocation. 8. NOTICE OF OPERATIONS. • HSR shall provide at least seven days prior written notice to Developer of any operations in connection with the reworking, fracturing, deepening or other operation on any Wells; provided, however, that HSR shall provide at least 30 days prior written notice to Developer and/or any homeowner's association formed by Developer of the initial drilling of any Future Wells. Regardless of the foregoing notice requirements, HSR shall have immediate access to the Operation Areas and production facilities in the event of an emergency. The Notification shall describe the following: a) The proposed starting date for the proposed activity; b) The proposed operations to be performed at the site; and c) The approximate duration of the proposed activities. Not less than five working days prior to HSR's mobilization on the applicable Oil and Gas Operation Areas, either HSR or Developer may request an on on-site meeting. The purpose of the meeting shall be to inform Developer of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use of and the safety of Developer's development. 3 9. NOTICE TO HOMEOWNERS AND BUILDERS. a) Developer shall furnish all buyers of the Property from the Developer with a plat or map showing the access roads, the Oil and Gas Operation Areas, production facilities and other related facilities. In addition, the Developer shall provide notice to all builders, homeowners and other buyers of the Property from Developer and the homeowners association that: b) There may be ongoing oil and gas operations and production in the Oil and Gas Operation Areas and production facilities on the surface of the Property; c) There may be additional Wells drilled on the Operations Areas; d) Purchasers of portions of the Developer's property, as successors in interest to the Developer, will be acquiring all of the Developer's rights under this Agreement and assuming those obligations undertaken by the Developer pursuant to this Agreement; and 10. DRILLING AND COMPLETION OPERATIONS. HSR shall endeavor to diligently pursue any actual drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Developer waives any objections to continuous (i.e., 24-hour) drilling operations. Developer also waives any right to require that wellhead or production equipment be located in conformance with any setback requirements (including but not limited to those concerning any "high density" rules of the COGCC) that are more restrictive than those specified in Section 11. Subject to the waiver of setback requirements as set forth above, HSR shall conduct its operations in compliance with the provisions of the rules and regulations of the COGCC set forth in Rule 603. 11. SETBACK REQUIREMENTS. a) Developer will not locate inhabited building within 150 feet from the Oil and Gas Operation Areas or production facilities. 12. GOVERNMENTAL PROCEEDINGS. Developer shall not oppose HSR in any agency or governmental proceedings, including but not limited to COGCC or City proceedings, related to HSR's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that HSR's position in such proceedings is consistent with this Agreement. • .........W,....,.�.V...S.o..,µV... 4 13. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. a) NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b) Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 14 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 arising out of those 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 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 parties, their officers, 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; c) HSR shall not permit any liens to be filed on or otherwise attach to, the Property, and in the event any such liens are filed by a person pursuant to any statute or any lien attaches by operation of law or otherwise, HSR shall take all necessary action., at its sole cost and expense, to have such lien discharged and released as promptly as practicable, except that HSR shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed to HSR; and d) Upon the assignment or conveyance of a party's entire interests in the Property, that party shall be released from its indemnification in Section 13.b. above, for all actions or occurrences happening after the assignment or conveyance. 14. ENVIRONMENTAL INDEMNITY. a) The provisions of Section 13 above, except for Section 13.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 13.a. above: b) "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 5 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 voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by governmental bodies or other third parties; c) "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); and d) "Environmental Indemnification." HSR shall fully protect, indemnify, and hold harmless Developer and any lot owner who purchases a lot from Developer from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of its ownership and operation of the Oil and Gas Operations Area. Developer shall fully protect, indemnify and hold harmless HSR from any and all Environmental Claims relating to the Property that arise out of Developer's development of the Property. 15.EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts for which the indemnified party may legally recoup from other third party owners without judicial process, 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. 16. 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 13 or 14 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it was a written Claim). The indemnified party shall make a good faith effort 1:o notify the indemnifying party within one month of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim and no later than three calendar months after receipt of the Claim by the indemnified party. C.w.ois....W«Vvalix.o.rs,m...4...._ 6 17. REPRESENTATIONS The parties represent to one another that each one has the full right and authority to enter into this Agreement. HSR does not represent that it has rights to settle matters for the mineral owners in the Property. HSR only has rights as a mineral lessee and this Agreement only pertains to such rights as HSR may hold. 18. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns; provided, as to HSR, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which HSR owns. 19. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until HSR's leasehold estate expires or is terminated, and HSR has plugged and abandoned all Wells 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. 20. 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 HSR: HS Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Land Manager If to Developer: Sand Land, Inc. 12910 WCR 13 Longmont, Colorado 80504 Attention: Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. C,wows.....-.u..Aaon.G.USla......... 7 21. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 19 above, shall be recorded by HSR, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 22. SURFACE DAMAGES. In consideration of the parties' rights and obligations, as outlined herein, this Agreement shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and Regulations or under any oil and gas lease between the parties for the Wells drilled by HSR. 23. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial piles, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 24.APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 25. 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 agreement, whether oral or written. This Agreement shall not be amended, except in written form signed by all parties. c ......u..M.U,.O.mOC......I. 8 The parties have executed this Agreement on the day and year first above written. HS RESOURCES, INC. By: Janet W. Pasque, Attorney-in-Fact DEVELOPER By: Name: Title: 9 STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this_day of 1999, by Janet W. Pasque as Attorney-in-Fact for HS Resources,Inc., a Delaware corporation,on behalf of that corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this_day of 1999, by as for pn behalf of Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: a 1 r �I Varra Companies, Inc. 12910 Weld County Road 13 •Longmont,Colorado 80504•Telephone(303)666-6657•FAX(303)666-6743 Monday 16 August 1999 To: Donald Free +man 9991 P s vP 4 r Deny -t agl oat From: "O f �` Submitted by FAX / - Al Subject: Sand Land, Int..t Jrtz Resource Recovery and Land Development Project located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division of Minerals and Geology Permit M99-006. In the matter of the operations agreement concerning the above subject lands: Per your message of 5 August 1999, we were hopeful that your draft agreement would have made it to us the week of August 9th. As I mentioned in my memorandum of 3 August, Chris was hopeful that every consideration would be given to expedite the needed agreement. Please update us as to when we can now expect to hear H.S. Resources demands. We will not mince words. We believe H.S. Resources is using the requirements that the Weld County Commissioners placed upon us as to renegotiate the existing oil and gas leases on the property in order to gain leverage over our surface rights. The delays in obtaining this agreement are harmful and expensive to us. We met at the property with the principal of Varra Companies, Inc, Chris Varra, in order to expedite agreement. At that time your construction and pipeline foremen were present and all agreed, including yourself, to the 100 foot radius around the well head as a buffer. Your message of the 4th indicated you intended to unilaterally change this to 200 feet. Since we are hostage to your terms, on what basis can we disagree without risking additional delay and, effectively, prohibition to the use of our property? H.S. Resources has made its point: We must sign what you place before us when your Varra Companies, Inc. 12910 Weld County Road 13 •Longmont,Colorado 80504•Telephone(303)666-6657•FAX(303)666-6743 Tuesday 3 August 1999 To: Donalld French, Landman H.S. Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 From: Bradford Janes Professional Forester Submitted by FAX to (303) 293-3511 Subject: Sand Land, Inc. - Kurtz Resource Recovery and Land Development Project located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division of Minerals and Geology Permit M99-006. In the matter of the operations agreement concerning the above subject lands: Chris Varra wanted me to convey that he has not requested the relocation of any lines and does not want this consideration in the pending agreement since it will only serve to further delay the desired document. We trust the language of the draft agreement accurately reflects the dialogue that took place at the location, and considerations that do not serve the immediacy of the present circumstances of the site should be determined at a later time. Chris is hopeful that every consideration will be given to expedite the needed agreement. If you need additional information or clarification, please contact us. Again, you can reach Chris Varra directly at his mobile number (303) 882-5020. Thank-you for your cooperation. 7 Varra Companies, Inc. 12910 Weld County Road 13 •Longmont,Colorado 80504•Telephone(303)666-6657•FAX(303)666-6743 28 July 1999 /1 '"� To: Donald French, Landman if,- `; (a 4-.a H.S. Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 0 `r) From: Bradford Janes Professional Forester Subject: Sand Land, Inc. - Kurtz Resource Recovery and Land Development Project located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division of Minerals and Geology Permit M99-006. R A F OPE ° ° TDOo NS AGREEMENT FOR YOUR REVIEW&EDIT/APPROVAL In the matter of the above subject lands, Sand Land, Inc. and H.S. Resources, Inc. agree to the following operational protocol and limitations: 1. Sand Land, Inc. will not allow any extraction to occur, commencing at the surface of the original ground, closer than 12.5 feet from any flow line. 2. Sand Land, Inc. will not allow any extraction, commencing at the surface of the original ground, within a radius of 100 feet from the center of any well head without first submitting a letter of communication to H.S. Resources, Inc. to determine preparations for interim emergency procedures at the well head until such a time as the land surrounding the well is filled and returned to the minimum radial spacing of 100 feet. 3. Manner and method of extraction around well heads will be lagged from other extraction activity to allow a shorter duration for return of fill. Distances of 25 feet from the center of the well, and a duration of up to four months to extract and fill, are standard and acceptable practice under this agreement, unless shorter distances and longer time periods are agreed to under the letter of communication. 4. Well heads and fences will be marked in florescent paint to aid field identification and protection of facilities. 5. In area III, a radius of 100 feet will be maintained around the well head that is free of any stockpiles. Access to the well will not be obstructed. Varra Companies, Inc. 2130 S.96th Street•Broomfield,Colorado 80020•Telephone(303)666-6657•FAX(303)666-6743 21 June 1999 To: Donald French, Landman H.S. Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 From: Christopher L. Varra, President Varra Companies, Inc. Subject: Sand Land, Inc. - Kurtz Resource Recovery and Land Development Project located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division of Minerals and Geology Permit M99-006. Your signature below acknowledges that the above stated project has adequately incorporated H.S. Resources, Inc. oil and gas activities on this property into the project design. A copy of the Pre-mining Plan Map C-1 showing the facilities is included along with the Mining Plan Map C-2, to show the relationship between your facilities and our operations. Please return the signed form immediately in the self addressed stamped envelope included for your convenience, and retain the included copy for your records. If you need further information or clarification, please contact me directly at (303) 882-5020, or my associate, Bradford Janes at (970) 353-8310. Your cooperation is appreciated. Acknowledged by: Date: Donald French, Landman H.S. Resources, Inc. i V Companies, Inc. 2130 S.96th Street•Broomfield,Colorado 80020•Telephone(303)666-6657•FAX(303)666-6743 21 June 1999 To: Timothy K. Atwater, Land & ROW Coordinator KN Energy, Inc. 143 Union Blvd., Suite 300 P.O. Box 281304 Lakewood, Colorado 80228-8304 From: Christopher L. Varra, President Varra Companies, Inc. Subject: Sand Land, Inc. - Kurtz Resource Recovery and Land Development Project located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range 67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division of Minerals and Geology Permit M99-006. Your signature below acknowledges that the above stated project has adequately incorporated KN Gas Gathering, Inc. oil and gas activities on this property into the project design. A copy of the Pre-mining Plan Map C-1 showing the facilities is included along with the Mining Plan Map C-2, to show the relationship between your facilities and our operations. Please return the signed form immediately in the self addressed stamped envelope included for your convenience, and retain the included copy for your records. If you need further information or clarification, please contact me directly at (303) 882-5020, or my associate, Bradford Janes at (970) 353-8310. Your cooperation is appreciated. Acknowledged by: Date: ‘' -Z8-471 Timothy . Atwater, Land & ROW Coordinator KN Energy, Inc. Grant ♦ Grant LLP MAIN OFFICE: DENVER OFFICE: 436 Coffman Street,Suite 200 410 Seventeenth Street,Suite 1200 Post Office Box 908 e-mail: wjm@grant-grwttcom Longmont,Colorado 80502-0908 phone: (303)776-3100 .July 21 1999 'Send Mail to Longmont Address far (303)774-2349 , a-mad: lata@mnt-grunt.com Christopher L. Varra, President Varra Companies, Inc. 2130 S. 96m Street Broomfield, CO 80020 Re: Kurtz(Burchfield/Redmond)—Sand Land, Inc. Dear Chris: Don Jones asked me to respond to your June 2191 letter regarding mining plans on the former Kurtz property. In reviewing the plans, it does not appear that your plans will interfere with the existing oil and gas activities. HOWEVER, the appropriate party to review that issue with would be the oil and gas lessee or lessees who have wells on the property. You are probably aware that when an owner grants a mineral lease, the lease carries with it the right to use as much of the surface of the ground as is reasonably necessary for the oil and gas operations. Ms. Burchfield and Mrs. Redmond would have no objection to the mining plan if the lessee/operators have none. Sincerely, Grant& Grant,LLP By allace H. Gr cc: Elvema Burchfield Sherry Redmond Don Jones WHG:ljb GACLIENTSRVCURTALL-VARRA RE MINING PLANS UOC Wallace H.Grant anero .Grant Edward R. Gorab Tom R. Financial William J.McCarren Estate and Financial Planning Consultant RlGI11'-UF-WAY CHANT " CJ 1� (Pipeline) '14 Hs RE(if I I -OI -\\ AY GRANT (this "Chant") is made effective this 4th day off ebruarv, 1 '197 from Ll.\'LNN \ lUIRCIIFIFI l) AND SHERRY RI'I)MUNU. FK.\ SHERRY RCN:: \chose address is c\o McFeeders Realty, Appraisal Management, I.LC, 221 W. Platte Avenue, Foil Nlorgan, Colorado 80701 ("Grantor," whether one or more), to RESOURCE GATHERING SYSTEMS, INC., a California corporation, whose address is 1999 Broadway, Sure 3600, Denver. CO 80202 ("Grantee") The parties agree as follows: L Grant of Right-of-Way For and in consideration of t I t) 00 (Ten Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Gt,tntor hereby grants, conveys and warrants unto Grantee a right-of-way to construct, maintain„ inspect, operate, repair, replace, modify. change the size of. reconstruct, na:irk, monitor, abandon or remove. at Grantee's election, pipelines, power lines, and all appurtenances convenient for the transportation 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 properties situated in Weld County, State of' Colorado, more particularly described in I xhibit A (Legal Description) and depicted in Exhibit U (Survey Plat) (the "Properties"). Exhibit_\ and Exhibit H are attached to and are hereby made a part of this Grant. The patties intend this instrument to be recorded in the real property records of the county listed above. This Grant includes the right of ingress and egress to and front the Properties for any and all purpose:, necessary and incidental to excrcisrng Grantee's rights he:tur,dcr. Grantor shall have the right to use and enjoy the Properties, including the right to construct fences across the right-of-way; however. Grantor shall not exercise such use and enjoyment in a manner that will impair or interfere with Grantee's rights hereunder. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, reservoir, engineering works or other structure over, under, or on the right-of-way granted without prior written consent of Grantee, 2. Superior,Rir;ht yof Way and Casements. To the extent that the right-of-way of this Grant crosses or aligns with prior rights-of-way or casements on the Properties, including but not limited to ditches, roads, pipelines and power lines, Grantee will obtain, at its sole expense. the necessan' authorization, permission, consent or license from superior right-of-way grantee(s) for the right-of-way granted hereby. Grantor agrees to assist Grantee. at Grantee's sole expense. in obtaining such autPorization, permission, consent or license from superior grantees. ?. TerrainationofRirthts Granted. Ilium 30 days' prior written notice by Grantor, the rights granted hereunder shall terminate and revert to Grantor. Frcryidcd_;hat no such termination shall occur for so long as the pipeline(s), power linets), and appurtenances constructed pursuant to this Grant shall he operated by Grantee, its successors or assigns. Upon termination of this Grant, Grantee may abandon the pineiinecc). Power briefs) and aonurtertances in place, provided that all such facilities or equipment shall he abandoned below a plow depth of 24 inches, and Grantee shall repair. compact and revcgctate the Properties in accordance with applicable governmental laws, regulations, rules and orders, takinf, into consideration Grantor's reasonable desires arc' requests. 2566742 D-1624 P-GI 09/03/1997 09.'49A PG 1 OF 5 REC i0C Weld County CO JA Suki Tsukarento Clerk Iv Recorder 26.00 ' 4. Modification This Gram cannot he modified, except by a writing signed by all parties hetetu 5 Successors and The term;:, conditions, and ptovt::Jcuts of this Giant shall be binding upon and inure to the benefit of the parties, their heirs, executors, legal representatives, administrators. successors, and assigns. All of Grantee's rights may be released or assigned in whole or in par!, effective upon written notice to Grantor IN WITNESS WTIEREOF, the parties have executed this Grant as of the date first above written. C GRANTOR �` :tirch E coma field , L Sherry Ircdntnnd,, flsa,Sherry R)se C./-R ;t;•A.& di�ve..rC i r GRANTEE: RESOURCE GATHERING SYSTEMS, INC. l i71 i i' cal!, • ( ' / . • _L.4.1_? Attorney-In-Facl' 2566742 B-1624 P-61 09/07/1997 09:49A PG 2 OF 5 _ I1 STATE DI f\)C l Y4 kit. ) COUNTY or �:: K 1« Fail �� The foregoing instrument was acknowledged before me this 1 Fes-:• :, 1.797 by Elverna Burchfield. • F ---- day of Witless my hand and official seal. NOTARY PUBLIC $TATe OF NEVADA I �' County a Gertr JEFFREY M0LITZ Notary Publi M • MyAppomentExpiresSept.12,1907 �' sonewo ee My Commission Expires: STATE OF, i E Ii i 1 t )ss. COUNTY OF L fill L. .. ) /';: �� ' The foregoing instrument was acknowledged before me this %'t �y�n{'"• a 1 .rC. f ton', 1997 by Sherry Redmond fka Sherry Rose. : r, a — :• ;p dJ • - _I % of Witness my hand and official seal. % + s • My 1c1...'/ • January 10,2000 My Commission Expires: STATE OF COLORADO ) )ss. COUNTY OF DENVER ) :.7 1 The foregoing instrument was acknowledged before me this, Ll� day of ;.• as },:771!x7/ .1, _ ' of Resource G ttheringg Systems. Inc., a California corporal inn. •••,•'..•.,•..Witness my hand and official seal. el tr• r -1 Notary Public r? ; r j ; r ' : • C) ! '1 • .7C -7477 `,t-4 ._commtr!.iond \pires _ ? • 2566742 R-1624 P-61 09/03/1997 09:49A PC. 3 OF 5 • Exton. 'A,, (LF.GAL DFSC I ION) This legal description is incorporated into that certain Right-of-Way Grant dated effective Fchneuy 4. 1997 from EL.VERNA BURCHFIELD AND SHERRY REDMOND, FKA SHERRY ROSE whose addr s is c\o Mere:dem Realty, Appraisal & Management, l.1 .C, 221 W. Platte Avenue, Fort Morgan, Colorado 80701 ("Grantor," whether one or more), to RESOURCE GATT IERING SYSTEMS, iNC., a California corporation,wfrose address is 1999 Broadway, Suite 3600, Deriver, CO 80202 ("Grantee"), and describes the right-of-way across Grantor's property which is subject to this Right-ot=Way Grant. Township 3 North - Range o7 WQst, (Qtl t Section 29: F./2NP/4 Weld County, Colorado The right-of-way is routed as follows: Commencing at the Meter Run which bears south 6° 37 west 271.8 feet from the NE corner of Section 29-13N-R67W 6th PM and considering the north line of the I\11i/4 as bearing north 88° 50' west with all bearings as being relative thereto, thence south 71" 19' west 126.5 feet, thence south 380 11' west 171.0 feet, thence south 29`' 49' west 765.1 feet, thence south 23" 37 west 188.9 feet, thence south 26° 57 west 195.9 feet, thence south 36" 12' west 411.4 feet, thence south 26" 18' west 104.4 feet, thence south 87" 50' west 219.3 feet to property line fence. thence south 55'25' west 49.7 feet, thence south 36" 09' west 187.9 feat, thence south 52" 18' west 108.6 feet. thence south 60` 52' west 175.I feet to the line at the Meter Run. The right-of-way herein granted (i) is an area of grotund w'hiclh is measured twenty-five (25) feet in both directions ne pcndicular to the center line of the muting during construction. repair, replacement, modification, reconstruction. removal, abandonment, or similar activities, (ii) is an area of ground which is measured twelve and one-half (12.5) led in both directions pomp ndicular to the center line of the routing during operations, tra sp orlation, maintenance, inspection, marking, monitoring, or similar activities. 2566742 t1-1624 P-6I 09/03/1997 09:49A PG 4 OF 5 • EXt 118R' 'w' (SURVEY PLAT) This survey plat is incorporated into that attain Right-of-Way Grant dated effective February 4, 1997 from ELVERNA BURCHFIELD AND SHERRY REDMOND, FICA SHERRY ROSE whose address is e10 NfeFeedeis Realty, Appraisal & Management, LLC, 221 W. Platte Avenue, Fort Morgan, Colorado 80701 ("Grantor," whether one or more), to RESOURCE GATHERING SYSTEMS,INC., a California cotporation,whose address is 1999 Broadway,Suite 3600, Denver, CO 80202 ("Grantee"), and describes the rig•1t-of-way across Grantor's property which is subject to this Right-of-Way Grant. " • -hn uvtir . - MX—CDt mo.24 Coeburn _ Veld County. Colorado NE tor. Sec. 29 O --- •re-bar a. ltiabva, 66 11} coy. See. 29 re-bar a. Raghva7 66 56.37'11—f- 171.8' S_1'19'Y iAt 1:6,3' x-338. 1'V 171. ' 529.49'V 765.1' tiara 0' 250' 300' \`S Gee_• 1"•.`00' \oo . s23.37'v 188.9 4 'Pt st.r.vy has boon 526.37'V 193.9' recited - net to scale. Afr 536'12'11 411.4' • Total line Mini 335.23'V 49 ' 526.18'11 104.4' 321.3' 536.09'11 150'11 187.9• ) 214.3' Total floe 532.18'11 108,6'-y E1 ..r 182.3' 60.32' roper[) line • tft.W 173.1' I feat. • tor. nee. 29 Taut Description re-bar la roadvey Commencing it Meter he dunk bears 56.37'11 271.8 feet from the 8E corner of Section 29, 778 116711 6th P.M. and considering the North line of the IE} as bearing 888.30'6 lath all other bearings me ding niacin thereto. thence 371.19'11 126.3 het, thence S78•II'V 171.0 feet. thence 529.49'V 765.1 feet. thence 323.37'11 188.9 feet. thence 826.37'V 195.9 feet, thence S76.11'V 411.4 feet, thence $16.18'V 104.4 feet, thence 587.50'V 219.3 feet to property line fence. thence 353.25'V 49.7 feet, thence S56'09'11 187.9 feet, thence S32.18'V 108.6 feet, thence 560.32'11 173.1 feet te end of line at meter nn. Sure-riot's Certificate I, Early C. 8ellovay, certify that the above at is correct to the beat of my Imovisdee and belief, o' ?treh 17. 1997 legiatere End Sarre no. 283] .. ........... State of Colorado. +`l 5. 7_.; •., / Y: 2353• i :1r _ •l • 1 / •r f ♦ eli n ':r2- y,1• ,>, )i y, ,.. (1 s7 ✓ t' M"aim lNr,, y a , t ,••• + w_.• l+WfF.., Y"`• r' "R '...Ave k,ti ' 1J'.f u ,r ' , } k l3 µ-•!. Wi nnT •A• , ,� r , r; LEGAL DESCRIPTION OF RIGET OF WAY _ .'• t ',.t '4:?' '4 ON PROPERTIES SIIEJECT TO RIGHT OP WAY GRANT 'lE 1.h-•f, AC- . .”."y ; This legal description is incorporated into that certain l y,t ,..,?pi- � ,yRIGHT OF WAY GRANT dated December /�J", 1992 from Blverna),t 1' ; u 'i-ti Burchfield and Sherry Rose ('Grantor'', whether one or more) to yu oIO t ,a.t+;2 Resource Gathering Systems, Inc. (•RCSI•) , and describes the` ' -+!�' right of way across Grantor's property which is subject to the %. . '...‘;:.:,t-.}1 :•",./ . . ' ,` ,`, .. ,; Grant. a � , I . ,rdt e4ty`",,,:9\:. Towashin 3 North. Rana. 67 West. 6th P.1. . I Section 288 101/4, 1/2811/4 4t: Section 298 Part of the 1/2 `; , ,, •„„t, Weld County, Colorado A'r The right of way granted is: i) an area of ground which is .• r , t -, .C.1..4 measured twenty-fiv (d 25) feet in both_ irectione from the Center t; • i , line of the routing dUYSlig Constructon ac v — , , area of ground which is measured twelve and one-half (12.5) feet %t} L ' + t in both directions from the center line of the routing during„' „t operations, transportation and maintenance activities. ,� The right of way shall be routed as close as reasonably • - ;';,e practicable to the following: ) ' a. The right of way shall run from a tank • �.• battery/treater facility located , 1 ;. approximately 650 feet from the west line and , . , ,,1•r. approximately 1,950 feet from the north line 'lt :'.'..''''" : ::- of Section 28, Township 3 North, Range 67 Y e ' West, 6th P.M. thence run in a south easterly Y%:(:1:“: rt � y! direction ion approbattery/treaterely 2,200 feet to a tap •-�'!i%: ." r.' located approximatel ,030feetafromtthe ,4 • f • , r' west line and 1,450 feet from the south line •, •`` 'c"r' of said Section. . pev 1 - r, r • . 'y"r A • e S , • r yJ �6.'',,• t '--t.. F y .: P' ,:Y, , )r' ,ry L'try 1 B 1368 REC 02320029 01/29/93 16848 $15.00 3/003 -. rfi + 3 "�t.,!P zt'f.t(i F 1854 MARY ANN FEUERSTEIN CLERX 4 RECORDER WELD CO, CO y'. � `� t ,.fY a` t vQ ,.p ifr S�t fir � ,,,•`j.(o•• rti AR2]2D029 . l S A 's n, „ :'+ rr•r,Yw.:; RIGHT OP WAY GRANT r b"t"� '` %t+ '� : THIS GRANT is made this • Ati � Y, i. '; Burchfield and Sherry Roes�aGrantor', whetherer, 9one or92, omore), l�/� e+x ,r ';� tI ;; whose address is c/o Agricola Realty 6 Management Co., 724 West LJ U t r.I Railroad Avenue, Port Morgan, Colorado 80701 to Resource (f • Gathering Systems, Inc. ("RGSI") , a California corporation, whose ,+ 'Y !' address is 3807 Carson Avenue, Evans, Colorado, 80620. The " y + t parties agree ae follows: / 1 ' ""1 '.-4, , 1. (,,rant of Right-of-Way: In consider tSdn of an amount detailed \/y \1 )Q )1` in the Letter Agreement of December /.2-2---, 1992 between the 4/" , , ,, , parties, the Grantor agrees to grant unto RGSI a right of way to 1:1. +_ construct, maintain, inspect, operate, repair, replace, modify, f' + ,, enlarge, • C . eabandon and at RGSI s sole discretion to remove 4,c4'. ”-.1t:; tC pipeline, power lines, and other appurtenances, for the ;..,;„.,1:,0;..e.'..4,0, transportation of oil, gas, petroleum products, water, and any „';;tr'it.:i: other substances, whether fluid, solid, or energy, products • z:. and derivatives of any of the foregoing, and ancombintionsand ,;;.... ", :.,; •o: mixtures of any of the foregoing, upon and along a route selected , r '„ by RGSI, in, on, over, under, or through the properties which Grantor warrants that Grantor is the owner in fee simple, ; - "Legal Description of Right of Way on Properties• • Subject to Right of Way Grant" and depicted in Exhibit "B" - ,,•;� "Survey Plat of Right of Way on Properties Subject to Right of J-. r.;.`,1; _ Way Grant", both Exhibits being attached to and incorporated into { ',>,r.;' .•-',;• this Grant. The parties intend this instrument to be recorded in the property records of the county listed above. t , t.": ' '+ .,A This Grant includes the right of ingress and egress to -ce % e.'� .' r' and from the properties for any and all purposes necessary and incident to exercise the rights granted to RGSI. Grantor shall 1.7„..'1.--,/,'? .`?: have the right to use and enjoy the properties, including the _ ',i '{' right to construct fences across the right of way; however, ,,� r.f Grantor shall not exercise such use and enjoyment in a manner , artti7+ • . '11 'y ' ." . that will impair or interfere with the rights granted. Grantor cr '•:s,.,.: r,, ;),�� agrees not to build, create, construct or permit to be built, �U�i t, I,. created or constructed, any obstruction, building, reservoir, 7 `{ t engineering works or other structure over, under, or on the right , `' n,' of way granted. Q1�. _ v, 1� . "�" 2. guttrr{nr Rtahra of Wnv and Rasemrnr,q: To the extent that the "'` '"'•t,+"a right of way of this Grant crosses or aligns with "' "' ',.a way or easeents of superior prior right of way p grantees on grantor's property,,1 including but not limited to ditches, roads, pipelines and power . lines, RGSI will obtain the necessary right of way or authorization from the superior grantee(s) . Grantor agrees to • assist RGSI in obtaining right of way or authorization from superior grantees. At k , .•, 3. gggr_eseore an d Asi sgns: The terms, conditions, and provisions t of this Grant shall be binding upon and inure to the benefit of the parties, their heirs, executors, legal representatives, ;;•4t' ° ? administrators, successors, and assigns. All rights granted may , -.•,.r,rv,-,� be released or assigned in whole or in part. ', , 4. i nlnarinn of Qranr Righrm. The rights of this Grant shall :r,, , ;i ,1 .,,,. be possessed, continued, and enjoyed by RGSI, its successors and • l assigns, for so long as the pipeline, power line(s) , and ` t , y+' appurtenances constructed pursuant to this Grant shall be ( • ,,_, ,4.,y-,;, � operated by RGSI, its successors or assigns. RGSI, its •• i '`, ';',i successors or assigns, shall have sole discretion in the ''',14.,;';',,,,'• determ:lnation of present and future operational use of the ,4 r granted rights. Upon termination of these Grant rights, RGSI, ( +t :; its successors or assigns, qy apandon_the Mina{. over ;-,?7.,"..:'.•••.',•'%; , hi (� *n4 .nnu Cenpce8 id pf ce except aC 811 power ' . . - - •C '. r'ih . .l,inej5] *n4 .nfluflenpces iirflce except that an sucn c .flqv., >. c test or equ pm siaii $$e0 8'D�dAdoned below a plow depth of r l�+li t .'tip?•, twenty- four inches (2f") . ••••••; ,.. t , .v PL .� ! 1+'+ ��-• ' ;• 5. Mgdlficattgf. This Grant cannot be modified, except by a `+ P '4�' •tiff, $a} ^'. writing' signed by both parties. , ,• � {�.�,rr' q .....'-'41154:#‘7.1*3r11 B 1368 REC 02320029 01/29/93 16:48 $15.00 1/003 • .ry' a �w`: r {�-,44 F 1852 MARY ANN FEUERSTEIN CLERIC 6 RECORDER WELD CO, CO ' "t. ` ,5 rm �i' t r :r.,r ;. ; .0.:i- $.\,*iryii tell.. • !t 1` 11 �P ;, IN WITNESS WHEREOF, the parties have executed this Grant on the`+,• ,�.4 ,1'''.'.,.;�+e date first written above. .I,,ti ;• .,",2,.�e •kr 'l' ,i{y Aka'. t, f: ) Y .•. �..THBRING SYSTEMS, INC. µ l� t r)�,t ,9�� Rona a •aco. Vice esi•.-nt, General Counsel •`4 ,*, 4 �:'� GR7INTOR� ,,,'.1,1t:/,-.04,-11':. i , •,. ) f 2 ' E v nna Burchfi Sher ROSS c ti rr STATE OF /1/`P`/. Off ) •1•-.. NOTARY PUBUC ,pcy; STArE OF NEVADA =urn. OF (�ft/f; ) se. / County of Clerk I-.K ) \Ir, al MOUTZ r:• t r G0 V'S kit 20.15p The foregoin instrument was acknowledged before me this _� g day of ,Qrcr—••, , 1992 by scene Burchfield known to me to be the person whose name is subscribed th to the ' foregoing instrument and acknowledged that she executed the {;;. .,•y instrument as her free and voluntary act. :'. ': .,c;.t Witness my hand and official seal. i 6 • ? • Notary Public . ' My Commission Expires; • :,' STATE OP l aL ) • The foregoingminst e�n� t was acknowledged before me ,.,, this � day of t sirK,(/'Ci1 , 1992 by Sherry Rose known to •"- 41 ,,r me to be the person whose name is subscribed to the loregoiaq, instrument and acknowledged that she executed the instruma}t as ' her free and voluntary act. Or 9 Witness my hand and official seal. c m i • . '�L r'.• ,i Notary Public % * 51)' 0'. 44 i My Commission Expires: AyCdeNss'cnE�.•.'.•nnrOn.1C91 STATE OF COLORADO ) • ) ss COUNTY OF WELD ) ' On this .day of (..13...A.-....e......., , 199 , before me personally appeared Ronald B. Jacobs, as Vice Pr sident, General ' Counsel, of Resource Gathering Systems, Inc., to me personally known to be its Vice President, General Counsel and the identical ' person whose name is affixed to the above instrument, and gi ,y..rl', acknowledged the execution thereof to be his voluntary act and i L, •. S. deed as such officer and the voluntary act and deed of said ?.",'. p+: Resource Gathering Systems, Inc. ;,;`',;'"Ip�„ Witness my hand and official seal. ;•: _ �), : 4 —FV�Vw•L�-•n1 I��HR�.'vKy' , .�) ...... . 1 A . Notary Public y •...,v ,,+e -., Commission Expires: h •+ e I.�,d�- . ,4t. , '4�)}:A4,y B 1368 EEC 02320029 01/29/93 16:68 $15.00 2/003 • . , � t.i,'1:?:;F',1.' F 1853 MARY ANN fEDERSTEIN CLERK 5 RECORDER WELD CO, CO -"' i r r AR2320031 EASEN NT and SURFACE USE AGREEMENT This Easementd Surface Use Agreement ( "Agreement") is entered into this J,2_ day of December, 1992, by and between ELVERNA BURCHFIELD and SHERRY ROSE, whose address is c/o Agricola Realty & Management Co. , 724 West Railroad Avenue, Fort Morgan, Colorado 80701 ("Surface Owner") and ELX EXPLORATION, INC. , a California corporation ("Elk") , with offices at 3807 Carson Avenue, Evans, Colorado 80620, covering certain lands, (the "Lands") situated in Weld County, Colorado described as follows: Township 3 North. Range 67 West. of the 6th P.M. Section 28: NW/4, N/2SW/4 C Section 29 : Part of N/2 Weld County, Colorado For and in consideration of the sum of ten dollars ($10.00) , and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby agree to the terms and provisions set forth as follows: 1. Comnemation for Well: Release of All Claims Elk shall pay to the Surface Owner the sum as set forth and agreed to in that Letter Agreementby and between Surface Owner and Elk, dated December l2f ', 1992, as full and final settlement and satisfaction for any and all detriment, depreciation, injury or damage of any nature and/or character caused by Elk to the value of the real estate, growing crops or livestock thereon including—but not limited to, all surface use, access, surface damages, mud and reserve pits-,--Wellhead equipment, separators, tank batteries, flow lines and ary and all other reasonable and customary uses of land as a result of drilling and completion operations. The above facilities shall only be used for production, storage, treatment and transpo tation of oil, gas and their constituents produced from wells on the Lands. 2 . Grant of Right of Way and Easement Surface Owner hereby grants, bargains, sells, assigns and conveys to Elk an easement and right of way for the purpose of constructing, using and maintaining access roads, locations for surface equipment, subsurface gathering lines for each well drilled upon Lands for one year from the date of commencement of surface activities for drilling operations and so long thereafter as oil and/or gas is produced or capable of being produced from any well drilled on the based premises. When all wells on the Lands are abandoned, easements related to the wells shall immediately revert to the then Surface Owner of the Lands. Elk, its successors and B 1368 REC 02320031 01/29/93 16 :49 $15.00 1/003 F 1857 MARY ANN FEUERSTEIN CLERK & RECORDER WELD Co, Co 4, J'(: gal I a assigns, agree to execute any documents reasonably required to evidence such reversion. This grant of right of way and easement shall apply only to roads, locations for surface equipment and subsurface gathering lines reasonably necessary for production, trea oil, gas constituents produced from wells located ent, storage and conveyance fon the Lands. and their This Agreement shall be binding upon the respective heirs, executors, administrators, successors, and/or assigns of the undersigned. Executed this /el` day of December, 1992. Burchf d Sherry Rose . EL' y" ON, INC, By: ilk 1 Ronal• Jacobs Vi. Pr ident, General Counsel STATE OF-O msNe%4o4 ) • cooxrY of O44"216 ) He. ) The foregoing instrument was acknowledged before me this _L of December, 1992, by Elverna Burchfield. day Witness my hand and official seal. o•i�' `- STATE OF NEVADA Cowry oI Ctsdc My commission expires: �/�,( , �!/9 ��n?r� LESLIE MOLITZ • t ,y .cli t ry Public STATE OF COLORADO ) COUNTY OF Q//( ^ ) se. The foregoing instrument was acknowledged before me _his �''''''•.. of December, 1992, by Sherry Rose. �' °OOitR N* • . l‘cWitness my hand and official seal . 4' 0 e\*.. ; iiCommisscnCr ss..Ca23,i�J4 .1 s. '- -.J My commission expires: �'— tin Notary Public %,, ,, * :IN' e ,,. nu .. i- 8 1368 REC 02320031 01/29/93 16:49 $15 .00 2/003 F 1858 MARY ANN PEDERSTEIN CLERK & RECORDER WELD CO, CO . 5" STATE OF COLORADO cowry or L.) J 88. uz The foregoing instrument was acknowledged before me this ..a.kULday of q°cembei5 199,2* by Ronald B. Jacobs, as Vice President, General Couh'rgrni; Elk Exploration, Inc. , a California corporation. Witness my hand and official seal. My commission expires: 1 'Ma Notary Public 33O1 c o�say. A.� a- •� C3 ;74 eye v". QJO o" . • "itt B 1368 REC 02320031 01/29/93 16:49 $15.00 3/003 F 1859 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO l4NP,i 'A c 5ve> gall 'V a1-1 Yr• ., I -.------ AKz0p56% 2418564 B-1471 P-76 12/09/94 03:53P PG 1 OF 4 REC DOC Weld County CO Clerk & Recorder 20.00 RIGHT-OF-WAY GRANT (Pipeline) THIS RIGHT-OF-WAY GRAM (this "Grant") is made this I:17"e` day of „ api-mtbk1994, from ELVERNA BURCHFIELD AND SHERRY REDMOND, FORMERLY KNOWN AS SHERRY ROSE, whose address is do Agricola Reality & Management Co., 724 West Railroad Avenue, Fort Morgan, Colorado 80701 ("Grantor," whether one or more), to RESOURCE GATHERING SYSTEMS, INC., a California corporation, whose address is 3939 Carson Avenue, Evans, Colorado, 80620 ("Grantee"). The parties agree as follows: t • 1. Qiint of Right-of-Way. For and in consideration of$10.00 (Ten Dollars) and other good and varuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee a right-of-way to construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee's election, pipelines, power lines, and all appurtenances convenient for the transportation 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 properties situated in Weld County, State of Colorado, more particularly described in Exhibit A (Legal Description) and depicted in Exhibit B (Survey Plat) (the "Properties"). &Whit A and • ibit B arc attache to and are hereby made a part of this Grant. The parties intend this instrument to be recorded in the real property records of the county listed above. This Chant includes the right of ingress and egress to and from the Properties for any and all purposes necessary and incidental to exercising Grantee's rights hereunder. Grantor shall have the right to use and enjoy the Properties, including the right to construct fences across the right-of-way; however, Grantor shall not exercise such use and enjoyment in a manner that will impair or interfize with Grantee's rights hereunder. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, reservoir, engineering works or other structure over, under, or on the right-of--way granted without prior written consent of Grantee. 2. Sop±or Rights of Way and Fnsementy. To the extent that the right-of-way of this Grant crosses or aligns with prior rights-of-way or easements on the Properties, including but not limited to ditches, roads, pipelines and power lines, Grantee will obtain, at its sole expense, the nerres ry authorization, permission, consent or license from superior right-of-way • grantee(s) for the right-of-way granted hereby. Grantor agrees to assist Grantee, at Grantee's sole expense, in obtaining such authorization, permission, consent or license from superior grantees. • a. 3.Isnaination of Rights (',rantrl Upon 30 days' prior written notice by Grantor, the rights granted hoeunder shall terminate and revert to Grantor, provided that no such termination shall occur for so long as the pipeline(s), power line(s), and appurtenances F' constructed pursuant to this Grant shall be operated by Grantee, its successors or assigns. Upon termination of this Grant. Grantee may abandon the pipeline(s), power line(s), and appurtenances in place, provided Ova all such facilities or equipment shall be abandoned below a plow depth of 24 inches, and Grantee shall repair, compact and revegetate the Properties in accordance with applicable governmental laws, regulations, rules and orders, taking into consideration Grantor's '; reasonable desires and requests. as'rus �.T .. +y.,Y,, ✓./• *1.4.•6%; 4 1., 1 1 /I' -441 '.•. rr ,l rit 1 .. • t4I ".r. r • I • 4. Modification. This Grant cannot be modified, cxapt by a writing signed by • all parties hereto. 5. Simms and Aksigtss. The terms, conditions, and provisions of this Grant shall be binding upon and hare to the benefit of the parties, their heirs, executors, legal representatives, administrators, successors, and assigns. All of Grantee's rights may be released or assigned in whole or in part, effective upon written notice to Grantor. IN WITNESS WHEREOF, the patties have executed this Grant as of the date first above written. GRANTOR: El Burchfield ✓1'C.ni formerly known as Sherry Rose. E: RESO TIRING SYSTEMS, INC. • By: B. Vice President, Counsel 2418564 B-1471 P-76 12/09/94 03:5JP PO 2 OF 4 H sit �•.it� er, � a,.�.� S • . :' z:. (LEGAL DESCRIPTION) This legal description is h&c,'p hated into that certain Right-of-Way Grant (the "Grant") dated 'Sic{tow is 13 , 1994 from Elvema Burchfield and Sherry Redmond, formerly known as Sherry Rose, as Grantor (whether one or more) to Resource Gathering Systems, Inc., as Grantee, and describes the right-of-way across Grantor's property which is subject to the Grant ntioship 3 North. Rags 67 West 6th P.M, Section 28 : N2SW/4 Weld Cbtxdy, Colorado The right-of-wary shall be routed as close as reasonably practicable to the following: Commencing at a point approximately 1200 feet from the south Section line of Section 28, Township 3 North, Range 67 West, 6th PM and approximately 2200 feet from the west Section line thence north approximately 195 feet ending at an existing tap located in the north half of the southwest quarter of the Section totalling approximately 195 feet. The right-of-way grant an area of ground which is measured twenty-five (25) feet in both directions perpendt•.. i• the canter line of the routing during construction, repair, iacemait, modification, reconstruction, removal, abandonment, or similar activities, ii) ' area of ground which is measured twelve and one-half112.5) feet in both directions 'oiler to the center line of the routing during transportation, maintenance, inspection, marking, monitoring, or similar activities, and �di) ' ludes an operational surface ace area of approximately 75 feet by 150 feet located cly 550 feet from the south Section line of Section 20, Township 3 Notth, Range 67 West, 6th PM and approximately 1300 feet from the east. Section line. • ; i 2418564 B-147'1 P-76 12/09/94 03:53P PG 3 OF 4 k k)x1Y1 •p ' NOTARY PUBLIC j±:-i'l STATE OR NEVADA STATE OF /vs✓1¢ j3/4- ) r.:. Cpoou�iaar� LEBIIE MOIlmZ COUNTY OF d CA-(Lie.._ ) MD AopoinimentEcru Sept 20.IDC7 INNISINIIS The fcegoing instrument was acknowledged before me this /.4- day of , (:)-/—;1994 by E'lve na Burchfield. Witness my hand and official seal. lea-ICI-Public a MyCommission Expires: off/ 9 c, Cl. o STATE OF e.r 09-,fir c\ ) a a Y COUN OF�Q tt_t_k( u en cThe foregoing instrument was acknowledged before me this �_____day of no I , 1994 by Sherry Redmond, formerly known as Sherry Rote. '0' at °` . 'j" ^ my hand and official seal. • •,. ' O1 ��0', �\ ' MENDYLIN Q_ DELPN L..� ll Q..tl . t- . tl Q a to Notary Public P ., -re OF cotoP e _ ^ n /� n f Pb 14Y Commmission ExPilEs:'Pita Ne--•L• "I t `'1 ` `9 ffi STATE OF COLORADO ) co co )ss. N COUNTY OF WELD ) , k021The foregoing instrument was acknowledged before me this day of t1 LkLClU�1� , 1994, by Ronald B. Jacobs, as Vice President, General Counsel, of Resource Gathering Systems, Inc, a California corporation. Witness my hand and official seal. P.•he. a .r4Jc1C19i 1• `71 j. Notary Pu lieti, ;, ;•`: J o '!u My Commission Expin=: MX A.IIENDRIKSEN • ''ti`s 4A.• 3939 CARSON AVENUE tl" • 5A L 4. EVANS,CO 80620 MY COMMISSION EXPIRES 04/08/98 ` 1 . , yy L I r iil/ .` yy\ r rah erf ep h r4jfjAkC 11 tsetse .trill .\r R4y� eyjf.' 41 ��r ..l lrr s t , .yA1 /` A.1•-',' i:r'1'� ~mr•.' S�1 ./ lt'Ait: 'o�e �naailti. t I .sli r, tk. Y'lf,f{ /t µry ..'f YX !K a 4,11I4.11.'IA 1 A i v K e -rnr .. „• s� vg CI 1 i+ r • „' ( I/ c. t 1•�'.II. .` 21 !1 y. t I 1 h asst• h . i h MJt .re A4q EW +r ?.. 1 m "`7G0 f ID to .1�.._..F.EB_l.3 1976 I el ., a..r„r No. 1681862 5 ter snrhrr. ir., Rsoxr.rs COLOHADM • • Right-of-Way Grant 3-i _ �1 � KNOB Vi.l. MEN 111 TIIESt. PRESENTS. that .._-.Albert D. Kurtz - • 1. r ' I P - _ --- --- • • — • of the I'ost Office of _ Platteville • in Ihe'•uar of_ Colorado __ I w hereinafter referred b,as "Grano." In hr,her •one m mgml, in ...n ;4,...,0 Ina ad liar Ih,llnr($1.00)-In . him__._--_ t CO ._.—.._ . in hand paid.rr.ripi of which is hereby at in...ledged,and the further tonsiderati nn of ' coy L0.00______- per linear n•.1.t•,be paid Were the lira. pipe hue hereinafter specified is laid_ does• • J berths pool and ranter unto I'\\IIA\I)LE. E\tit.:II,\ I'II'E I.INE COWAN), it Delaware Corporation. having ,.n .ti office in Kansas City. \linsouri. its s, .ssot 111111r, o ,1 assigns.hereinafter refentil to as ••Grantee,• n Ii i8ht-ul-Fa, la t I..,, eousuo,I. maintain. Inner.inspect repair. rplare.NllaxltantttiaIPIKIIx%+114tsR operate.and remove a pipe line • a mlbeka!saws,Yzap.a\taxaldtaxaitkjellwtl4aaxax 7��t�tn��,®+, %I t liar rankers,valves,la onchrra,receiver,cntb odic o rgmryuent, lest Inid. :red all .ggmne nom r. xexxaplxa •.e t ie n„untrnnnce and opera ion of wait linen and for the uanspoitat ire, of oil. goo. in oilier salmi.:.,rs therein.ander,on. nisi, and °Hough the premises he,esfier d.seribrJ. I re and the Granter is granted the. right of ingress and egress, to.on. Ir.m,and titer the following drser ibed premises for I o d,r pnrrnse• aforementioned in the I:.mntt „f .._.____.1g4.d___ ____—.—— in the State of Colorado,to-wit 1 C' That part of the North Halt of the Southwest Quarter of Section 28, township 1 North, Range 67 West. Weld County, Colorado, more particularly described as a strip of land 50.00 sj feet in width, the centerline of which is described as follows: Beginning at a point on l r, the South line of said North half of said Southwest Quarter, said point being North 90 NI Degrees 00 Minutes 00 Seconds West on an assumed bearing a distance of 1162.85 feet frc.m � .-'.t the Southeast corner of said North Half; thence North 58 Degrees 07 Minutes 14 Seconn. I r'- East for a distance of 47.34 feet to a point; thence North 90 Degrees 00 Minutes 00 S:r i ands East and running approximately 25.00 feet North of and parallel to the South Ii..e of said North Half for a distance of 1122.31 feet to a point on the East Line of said North Half, said point being North u0 Degrees 46 Minutes 12 Seconds Best a disrance of 25.00 feet from the Southeast corner of said North Half of said Southwest Quarter of said i Sec.28 TO HAVE .1SU '10 III II.I1 said ,•nsen,ents,light-. awl nµhl-.'f-,tar unto the said I'\511.15 Dl.E EASTERN flit 1 LINE: CO\ll'A\1, its snnesa.as .red assigns. 'I 1 I ldentbdxgrlditsxabtprpexkaagtxkxetimilabmtxawxaaar4+rtvvuvvxvgauxlpaakoaanatsixaielkAape tdfrxnnak xgdadkgxeaatsidxt atxaxxaµksnxxkaxiAx:xxgkx thxkarteetx sta:wf,aak,igxligeethnixsat7 teizalla kad ax[�!��[{gpK,{�It nxrpkxkaxdraxalinai6o�meanivatx:111 pipe installed hereunder shall he mica s I mum of rkftldklr,enrat. .on.r shall not .o,.mvt or place ant thing over one se clone an' pipe line •oilier for 1ibis • of(:ranter as will hr Iilrh in intrrlree aall G.m,o-e's stairillan,. ill or m h ess therein by use of rm. .menl ,,r means I canto It employed in the .uneillmur of err innunenanie .I pipe liar.. intentionally cause it original(. - I .ever ran pipe line lobe redo..,I hel..n obi.liner is hhr gams., af n miaimum rover of Iwo 121 lee or below she mini- main enter required tit any tine In n , . '1.4h. Elivlintisaieti h oat.. .Ali damage xx;gran zr,eatesiaagaiiR • adtferltaaxadc£rsgaa.suns jailed hi I I.- ci ns?r,tfion a rp „y..-,„, .d the facilities herein au thurieed to hr main- • tained and opera led by (banter shall lac Lail la learn... after the damage is dome•said damage, if not mutually sere rd upon. to he ionarnrr.l and determined Iii ibrre dlslnt.,e.o--1 '',s.,n.,•on.• to.be lip;„Itied by the Grantor. one to be • appointed by the Grantee.and the third to he .bosun Ih, Illy ,no.a.ppoint.d. 'I he nrinrn ...mad of such three rims • shall Le lino, and conch.s;.r. Grantor to have the rlghl to cnnat rue and maintain toll l ties- sidewalks and drive- I ways which may be installed at approximate right angles to the pipe line heteir awe`, orized, provided however, that all utilities cross under said pipe line. No paved or h traveled portion of any street, sidewalk, driveway, road, parking area, alley or curb- I I ing will be. placed substantially parallel to and within ten feet of the pipe line. ,• Grantee agrees that should a crop deficiency occur as a result of the pipe line con- •{y, st ruct ion, the Grantee will pay such deficiency jut a pet hod of three years comment- lag with the crop of 1977. Provided, however, Crania's or their tenant notifies Grantee in writing prior to harvesting of crop so that Gr,.ntee's agent may view said I - deficiency claimed. As further consideration for the execution of this Grant, Grantee shall compact back- :;,� fill over the ditch by water packing same, provided however, Grantors or its tenant ' will supply water in ditch at a point designated by Grantee, its contractor or agents, I '' •o water peck said ditch line. ' +/. Grantee agrees that all fatalities installed hereunder shall be underground except, •.Ay, pipe line markers, test leads and appurtenances previously installed under terms of ' • tiS � r"fig 1 :Cc. d fA. A-1.7 -..r714, 760 1681662 ;� 3 ) _, Albert D. urt z ._. I I toyment of all moneys becoming due hereunder may br paid to_ t at _Pta,tteytlle. Colorado 2 I, This Grant shall he binding upon the brim, eu'cmmn, ,,In,iniv it flea. successors, and assigns of the parties hereto, and all rights herein granted, m any of them s.parutely,mai I.e released or assigned in whole or in part. It in 5 $ understood that this Grant cannot be changed in any way eacrpt in oriting,signed by the Grantor and a duly•Aharieed :,y •gent of the Grantee.' Thin instrument prepared by C P WE UNTO _I'.0. 'too 1348,...ansa.City, ' ! , �`j Missouri 64191. �< k .v I, -9 IN WITNESS II AE01:.the Grantors have hereunto net their hands and seals thin l a_ 5!j, day of ;�'ttftr.+/ __. A.U.. IY �' fici94r. �Ca ALUEK'f U. KURTL • Q 1 { �1•••A • I!! t I " tOit\ ti �� .t+l t"' \ y V rt ire{' ( + 1"t { Tr tJYyo 1 ''V ! '. •4tu,�e ✓'� .JAIK ` t fr^T ' fi r I ;4:,. f Cr r :3' lea[ y } ( Ii.,:.'''.14... tt 'tJ"'{,yFe 9 r 1•r ` _ pI / Il. vr. �tt u.�r tt •..c1i li. J i � = 'w w I 1� t •• v• 1...,=i ( r{1]97y'. 4 fr• U•" S . •r.N�J` lytk•, °r aY try v 1 4�1• J •^,, a a 1 •1'• 04•,..• a (h J / AN 1 4 } , 71 ?rrty aY 4 ^1.,9 a• • t ,. . •.7 it yfi� tfFr-n .,t r (iVY :(t ytif.1r tk .n'� r *-Vrr ilmi y�l�.Y a ._.�Tl. 1 r tl�• •t `: ai ' t !"t i if4IPA.'( erip� 1s✓ ^!"rlA ` .. t !' " s /'�.y :I u'i of r'R lr "a '^&.�.ay..k a [ r et k` .. a i y t si nrC feaP} .pa r^tts �'L L'•s-.^u o" _i._t- M' .'r f r vl 1 pf7ie�YM rY�r��°s 1 �w I .t. A ' � n+r } r F{y't� +�� wf r� r�� +e it +ti' u 't I t r v•E .4Y 1 • . v j tf `� jrit'.p•I +( tv"cttlNn1 t��l AAA 1L•sr u r�.J` 4 t�� / li �/,, rl..,M ,I t r� .:,•,.t.,,,,....„...4 3 ! t�.t li j k r '1 X s1N Cr Y 1. Y �;V Y{( r Ilt A ,W.I. , ,Il\trd1 • •''`h} F :` ''��Mf i ... 1.... •.1'Si n,4:�• •�?IY10•LSS.j-err 'L•.+ . t V.;'.2••• �_:;... -f a!' c 5, ` .i:.... • . 1� . t 1,•4'.% 1. .0 A.. I! �. j� ., r :. :•1 i; ,..►rye'- ,�a ,t .•.'T. 1 '/ ., •1 . • • 'Yln .l•.�. •`.yam, � ` '1�4.4 • w • �1,11r •, ••' IF : '.1+1 .V `. t"....I. .,.I' '� lY S .41 ,'�t`� r ,1• 1., . ,. i.i 1'. r.. ,•ft k�4'' :474!. -, ,. .1,;:•F.; VIA . : '' 7,..-...� . 1 .......� ....,• 'Y�''.. .1 q ' 76() 168'1862 il 1 1 II 3.1) •?."!ter, �. M .ACKNOWLEDGMENT FOR IIIISBANII AND MIFF ,:�> 1 s I vey.OI cm DRAIN') 1 aa. l ',. �� . I COUNTY OF _) • `,. • to The furrguing innlrument wan acknowledged before me thin .day of_ 19_,__, ' $i•;T f- r •. b1 ^-- end _. ) 1 W Iwshand end wife. . A. '! d .--t 5OIOOe IVVLIC . .n •war LL 'Ii Cumloineion r'Lpiren: — ..i. 1. O } 1.. . 1 0 41. ]' '• r) j ACKNOw1.E0(MENT FOR INDIVIDUAL I 5T\TF:OF cO1,ORADo f •1 1 an. • t'., .:t: NI CO '1 The foregoing iaotrument waft otknowiedged before me thin 13th .‘1, of February ,I 76 , be Albert D, Kurtz 'I Silos ti . T,' '1 \'�1 1 1 r _••.•' - /10145. ►VOue1.` dLILAdE'I'11 McCAM4 ' jill 11 C nminni e. ortrLpihn: _Eeb.war.y11�1.2Z�.—_- t I 1.f I :\(:KNOWI.l:I)(:\IFYI' FOR (:(IIO'OR:\'11ON S'I'A'I'F:OF COI.OR ADO 1 . .`,'.COUNTY OF aa, Ix;�•y', ',I The foregoing instrument wea acknowledged before me thin__ __ ,dat of_ �!9_, ?₹: tn.. ryr . of ---- —.n _ 1-•MIA COI rnrlll IOn,nn keholl of the coeporation. Mf 1 `�(4. i • 1-;:.:T I' dip U" 1P4 718 �aon1M a �/�.. •'cock __!a�..rwl- 1 194 .-•rl: 4.. . ib 1C.3."17 soft Nor S. tee AwMe, h., Record. Producer.IS OM 1.•.—Colotedo _ OIL, GAS AND MINERAL LEASE THIS nenln:IcNT mad.this. . ..._23rd .. se es der col . Nay_. s e e s ... .55 74.between • Albert D.. Kurts .. ..Route >M2 .._ I (_Bo%...551...P1 tt9T1119.. Colorado 1 C• loam'whether n•or morel.end. Amoco Production Company _.. - 01 Look wRNLIJOII: T• I. Leaser In eo •bneuan of - Ten and More — — Denser'_ .,10.00 • It nand paid.of the rat'lie.Mom provided, nd of the neuronal of tone.Mom contained.here w•ively tints Larne fur e,e purpose of 1nvn11 nM..exploring.prospecting.rouser and mining for so mediating on,gar,hereby h adrocarbonsndg16 . ON exclusively restriction le such enumerated minerals.allycome Minerals whether similar at dlnmller b amen Particularly minified herein.laying pipe Illre. M Mudding lank,.power stations.telephone lime and other structures thereon to product.save.MJe nn o one transport and awn kid preav b. end • NO Musing Its employees,the following dunked land In Weld.._. - m-1 .Gnly,Calends.b-weir.Nf TOWNSHIP 3 NORTH, EANCE 67 WENT• 6th P.H. • Section 281 Northeast Quarter of the Northwest Quarter (NE/4 NW/4) 291 Southwest fy n- Quarter of the Northwest Quarter (SW/4 NW/4 , Northwest Quarter of the Northwest Quaster (NW/4 NW/4 re except West 999 feet thereof and except North 40 feet - thereof - - a. F' axamma-. - sees se -Intl.,. - _.,sees,-. ...._...Lessee la th Levee r~ describedhereinkill lends lend ed et clabned described. Lessor whit,'u hereby Skarnhgreat rmntlNous la or lace,a part al Mt land.shore Wmeulaely eerlTed.In. • I eluding all ell,en,ether hydra•bon•and all alb.r namely underlying been river stn ds,*memento and righugbwp_wMrn rJ adleln ray of silo ends.ter non payment outgrrF lee land Included within NI•lean Il be does ed In a pInn 75ulna, rv`ene or i y whether II nlulsily minkine n • tar. two years from Faeroe 0 1 S. gulden le Ow other provision.or herein contained.this lean hall be for a term of Asa leaned"primary leru'I end lien thereafter I,p•. IM hydrocarbons. het inner*, is produced old land Mn's a..or delllln( reworking Mentions run anNucl� _ royalties to be p.id by Lot..ate:in on all,coq.lamer of mat produced end rayed Iron'said land. the same to bedelivered at One wells.or be credit al tear Into IM ping line la which the walla may be connected;Legate may front lime to lime porch., ) .Ply it in In puMeolas,paying IM market price therefor presetting for the field where produced n the date of matinee; Ibi , including ro.Ingheod gas or thMr hydrocarbon n:owe. eedu.sd from said land d sold or wed HI the preemies or in the manufacture el gasoline ear other motif,.IMrelro , e melt 1 value el" well of iehih et IM as Oa sob or mod,provided that n Jaa mold al the who the royally shall be one-eighth of IM nnami realised awn such .i,is; 1 on all ether mintier*mined and marketed,one-tenth either in kind or value et the well or mine.n Lease.a election.mot that onsulfur inn molly shall be filly cols'WO pee long Ion.LateNall have free tow of oil.gam, ol. J d water from id land. except y transLew. wells.for all operation.ereund�and the royalty all and rat shall be computed filer deducting any sad.11 a well caale at producing the -j it paying a milk•Is IetN II,.above described lend and b•sod in.this Mow shall continuo In Iler1 for•prrine one same —•-- • rate,pay :rid wore Mail in.Iwrn or any loin y Ibn.dbr, in the r provided herein for the Per�t t or tender of deq or ender la Leary as myalty,n or before end yeas May the dole such well bahm In.IM sum of Im(�pq II1 I.M1nse.i ouch payment or tender k mad shim lease stroll continue in•hart ter.further'mink of Yen.In like manner and upon like pajmenfe holden.nne,onY,made on 6a or before e a r.ivnnry of the hat-in dale of such well.Ike lease read.nllnuo In slat for suceeulve period.N twelve IL menus each, rental 4 IT rpw.INm for drilling ere rot .eln•tl prwaN,a or brrure nammo,the I•mre shell then ar ono said y dale n Me •year from y;I�•__ lerminek s to Min pat14 Melees n Crbefore such anniversary Lune shell pry a lender la Ouse ear In Me Credit-UT-Omer i and roes::trait National sank at Lonmont. Colorado lwbm bent.ern a.me.arrs aLl uar.{.I'10, 19.. . time as the depositary lot all renal.p.yablt hereunder remedies of chn(n in own.nGV of sold land or the rentals•hMr by Conveyance ear by n.,death or Menpnrtk of(tonne the ram at One Hundred and No/100- - - - - - - — — — — — — — — Gn.r• �_ ./100.00 I. mldem need r lib. whirls Mall rem the nmune al deferring commencement ear migrations far drilling for a pence if - __. west.., 1 aye for aurren ire perio s al twelve lift ond iatlho cotheduel.,the primearyy lenders annually oynrni ornrrmr a of operationherein ei for Werra ,ol In may et turves In drum un droll•.e theek el the nmlan ee lhe Munnand the depositing of alt currency.draft no shock hi any leart ante,innerly.ddrereed be the dlasu.r,•or mid banL before the rental paying dale,s ll he deemed payment ea herein provided.If such bank 1 any. honk;mould ten, Itmn.lnu or beented by b hr.bank.or for any tell Moils Wept r lair denim mall not be held in default for failureIt nook)such '., ' of knurl unldS thiirt ao,diq after r mall Oliver le Lowe•peeper • rdable instrument.mailed*nether beat e tt ouch•'I pat, n. The M armoment k n laeratio for this ieaw recordable I.us term.end Nana l he Wloca,edr as mere I'tntelr far e perked ss Le: y at n y lme eon d eliver m Vrr or 1a the dekalla)above'said a pine el record. tease or kiwi re verbs•ny portion or reps he N•''lunt•.l the above deteribed porton.,and Merest ender this leant h ryutian or rtlen•and he relieved i all obligations a h•.wq et meltaered,and*nether the revise smile hereunder.halt be restored nick the pmglen Ml Om ac rap revered herein in mnlurrd b to y raid If in Lena Mall.nit m Inem* y imol i dale.man n•bona fide attempt lm w es dental' •ntal 1•r • Lento entitled mrrnn n lisle lent Ohio bear lent tutee t Inen,.e ui hie fiat to re ho prior rented oil a it II Nth galnwot or deposit.has eee mmmul Iu en rr accordance with inr •. Jep•1enny.paid b persona other hen III,.partial eroded thereto es hawk or dby t.ree't shell cord.. Ir. n inner.My g mount.co con:rroloren in a Mall be nellbnallY obligated to pay to h leaser the rental properly payable low the rental period involved,brat Oils lent melt lu m 'teleran the no sour ,r .II k. .rental payment demonIlload We p 4dn ithi iv as, neck sent y e such LO.slr 1k.tenlal praperhy psyshi,for Ihe lmnlal 101,114 l,sv,,lsed,best Isis leone oholi 1w ii,,sense.,,lnn,r ant'neck ereonoou,t cmlii pa 'lent Or,lel,50I1 load betel pnej.eri y,i'.dr.pr,,v Ided that the tern iernsa reel'.,poynernl tr dcc" her.', tItled wlehl,s a as,.slier rmrailsi by las',..f w n n p vas,,, . Made.rrorior. the . a end : b• -. Rory Ile Inn I Make p ato Pa)n limn Me n 4 .1 ono error mp n M hY ea�dmm�unl Jr Ilur v�dr.Ir r n.r•.. I r Rlmuld any well drilled an the.hove derrihed land during the primal,trim M1nre pr elnnnn In nbminM be•dry hole,nu Mead eaanern.e Ire r,hlalewd during 3..primary rntl eneniter n aid then I N nd I leer r en Il ryrrations inr dolling•n additional lI. red•a ter r M d r Imbue the event. sine'paring dere i mereedin the ll rumored or operation, reworking out said well ere n.. pursued s uer. 1 1I r•rue v. or drilling new kind pommel ie well err well,pm an raid NMI la minb.f unless Onw,ii or before sane dale, ma e, •iMlp•ad be nil me • Uponfinny rot so,nhev sown( Mapuyl nnl 1 inane t a.laenn a e et im payment Isom of ni M.M h orsver In Iree•tan r ocher men had lain s rime donee'horrid doll a•l 1 em a dining be e tree col the e il,an. Into:uN ydlo;non donne Y err oil prh, other r em weer Wxn.e I Ire dal 1)hole thereon,or II elbl r of Balyd lel II,go,or scam nYNrwlal payment ent ru so t lM1,orenernr,I Inn noire Il lone Inr•m nmre r rye derin IoM arar si uII ill nom en n . rimarleen. ee r.4 nr r l, in col ee r keep Ii __ ell rid Inns Manna an ai r sends.Id d• primary ism It al iiM a nl oter ash rim glee,) oni Lessee is condoning .,...„!Mentions Im Mahood a 1f well vrOW sale veil. Inn had• n,his le Mail ttere.Ina In Inrn as wi i inn d•I a lee. 000 ail,,l•Ile •germ nnl'd,,„..,..,..,••I ape Ian.,pw.du[elue n Mi.Mae n -• . .env e • •.miI.it ewe raiiudde in alai Iu"lonl is r -nu"..• Felton•o. • any such tonne e m•h liner al•esMW nMa'If r eM an ti a restored scc has ln.,production a s•lung ltl a.: r..i . _ _ae.n ns orY men mineral emulated ward es cessation (nn erne nom real .aye.rape raw are rill,hr,e ems Mrnl on nol eu whew h'Olen,rptm1 or ether mere it pang iidol end r.long as additional ellllh.(n reworking operations are had enthral r d m awaken 1 IMm Inrn n than step idol numerative days. ru saner much .. I is.,...a la ups.n a burin. a• One nehi.M r I M Va tempt eel them. nn tar my other a lyre s when in i I ndumb".ilu Pied M I Moe i.. •• tenth..n....,d. r ool den..., ',, Ie' •otter. an,Inn ,t pooling true a li mulct 1 V ee luerrrdn.g l n i v• •••I•Is.hle e.g ha... ` e,.pr .so.I tiro rrw`, . ,fie oni oat r OS all n e a n, L,. . .. Menial mute eIM ,g pales escort tai bar units may to cleated ted In snot Burl oar..plus n well MIIIIl.i Ir.I ren N. Mey M'.ee on i , meM1 I ^ angry F-a n n.h.n• emend leyIia Out.err ram purling.ihrr sal, s above provided bed o he moon,.,In and .n lever me enI rob on kilned need not rnnMlm in nine inn wan the any err o nu lo ,which the leen M I o•lee ,e r he MPnmm re. lo.a and oil nine N talon" e b with en nn.a The mane Mane•or emir adorn mall I I•` nnn, a •.aleiIke Les M Inn b 1.•.1 Out lour col Monona thereof into other null..Ovw Mallet cm writing and pla o1 record sot no : m I..deubn,e',...II describing the tooled ge The veto ge ea pooled isle a met AMI W tented Mr all t . • royalties.a it ' eery emended Me Irani arse drilling or remitting*Pant MIl at n pn.d .hen of nil a ea ninth^orrtheer....... inM ',coveters el well as a Nul-b sr eto,shalt Meonsede,rd let all puep.eo. ant iM panned or reredos.m it mrh n bona were ea.re nurt ul•,J frwere.I�l ♦ham such rnmpiellrn • n the hunt evened b) bus truer,whether r out Ow 11 wells be breed pal the p.emien yenned In Neu al the reyalnn elsewhere herein oqe fled Labor Soli receive 1 to so formed.only much portion olthe m yelly stipulated Pereule n.mho J me el hosi':naer placed in Me unit we his royalty'Meow therein hews to rev bnM IN Ow panne'.unit bivalved blonde.as a,rarnlly 1N hereunder mesa leer han II. emuen number 1 son bereiMM k tpe.illed.that Le raL 1 ,lung iMeralier,whether line Iwo slier poMwimn It obtained ow M it. Inge such it by a hoping eldnlsnal ge IMed.,tut 1M IM unli ohlh n ens the&toms wm•N MnMsbv specified,Ine11M t unit soot M enlarged.tow*shall nerve end place of Id•supple..nen decima- tion e1 nnnnhm lFnitty,ie and answering M land added the gosling unit. pnrseN. that II h Vplementoi dnl.niht filed unit Warr plNgikn a obtained n the N col MMi nod,Own and in ouch• ni 1M nTlenwnnl Melerabn el of sew I.na:l r. become vennire.fond the tiling we re.auld Mont alel(Om Mol.oOmelet s i real lnnawlng U. Mag IMm &*reel the amnia el production Lena n y err, .o arta by• 111 area eta mail kn.in.not Ca itise....i. r men.a all or env Wa of Ow serve drwrrlwd tents with other lends.r non ", Ile•eb�y•rI Ir ll ossl"flavor a.eonealtven ors.nit rid point lopmnent . aural ppn,s by ) p enmr el eue_rll we lenm Imm aeoer.11 hoc ap Inn.M 1 d b e. n Peer agreement nd,m h mewl,any lerw,wnemtins end • I shall he 1• In iM items.rmedltuM. M pm.............................................................. nin.conch 01',el leI. i mm brly.MI dlrllh M N plie ed mI.rr te,t n era i.1•n col M ills t sate'. ill a requirements M;n ry er r.1 rindre a ml tins Ipnrelur ester nr nouns.ano:Inn e i r of 14 . ..I.s. war b r a . r, IhrmprW.mliMe laanlnds ant tort Meen,,sh-ll MI•Nt,IIb.•4ee•led Iunder r an• anon ru4.•e, ,ee or unit planlln of anteroomII In ia. ,eh.r o.l the Oros e1ieen e pin 1 r eel rumrunner she drrri'.i 1 potion pole.s,Ied Mr ulMw revered Its.and pt Mn IIM p.nl.inne. ma ode io.n ..l,i.l nlnn i 'F, ice Lnn e.ne sdm,n.,harrnl Mn. lM.irM fenm the i In nii end r i minor, ei^of a land. ace the'noel,w ir,ue t a he Inmun.ne,IF. ..e M.il loom,n ^ it 1.' l _ •n.m.M by only IItnY gear umeser ,eal ' ones il formally murrain,en OnOn renvern to hey sand rmunl'.(rltm reel Pi......drva.4•nnnl a preann nFyb,l ltn t!i.ri 1.-.ntl • Lesser a ell Inn she right y laitencethis lac e. r n In-pm t/ I floe.IwL,w.e.,end by lever on mid landincluding IM hr. I dm.w and ,eno . ail Pere When o rtnlae L. 1 ...,., O.nr well. ,.. So Pole _ nery p Wn ,M Weil shall M drilled within mw 'M ,Tr.• Mn col in oadrnre ram barn how err son Ida ,w n Unsaid Nunn The Luna M Irmmpilr pa,In the owner therm,any •.note a•ngnlmM elMW1 .nets. n anpun'expe. Prong by m mm....nr In.... an. • L hall hate the priwll•ge at his own risk and expense of saint; I,ne from any g • gas Dwell on said land Tor stoves aunt inside lights in the principle dwelling located on the ' leased premises by making his own connections thereto. I-- 6 i /c13--w --- • , T /.. . . r ( _sees . .: ..--. y ,� Tare �.. i inr.Y • y. .,1 .wit. .?ovepV7 9 ,6 ..I pry 718 lG3spry• �� .,Mer •TM Nob ratite netts he e nd r be smarned In hole or nr pert.end IM provisions hereof µN1*Mend I.the heirs,w 1• dz l'.1sla.rite._ W I he lump. daisy In•wnerµlp et IM lad.rental..or royNIIY,however vemm Iubfd,shell operate bminer II.. beIl. Plet e • MM IM Mins N'emY.lea Mange N the ownership at the I.M.or any Interest IMea n,shell be binding on Uwe until Lame•beer !''. ti '.^rvetl e re Copy H all fxYdM IrMNnbnb.all court proceeding*and all other Yn..eq evMem..of any toe mly,InMrIlYu,or n Id Mob.In rl s 1 of theta's. moll e ^ a,tepee Y le s were .led pp rilnn of sold land,Inc rensel*parable hmnneer.11.0 bee rtNn.Mr•.he d e wn...I here Wldel p gar„reeu IMgn.NI le µ In•lob el each pert Less..the" be Irelllevs of ell ono >>M INn at partNY I,,NIM eabee ey Ymenl by *hall not Weer Ow tied.Al other lee., . Mn1 N Nf 4th al ablglllmrll, f g.11nna VIN esgrl I.IM thaw Nall rollb bermleula In wheed y memento et tut.nor leapt llhelld pulled in dems.o tar end etude esaply lnerewnp.lI Orders. compliance i e•s'.rated M.e.. nmb failure Is 0n retell et any ouch law. r.rR le er MNMtion.or I1 ed by en art of Cod.of thepp.rm•a E;_ NNMM y m obtain materiel.'allure of tea agef alNn, reuse beyond the control of Learn public enemy.NLnr N.p'+In.Indninr 1._ ... If.during the term of this lean.all or gem or ether hyerm.rhons or ether mineral I.dleravered upon µe leased peening.ad tato.I•prrvmtr,l from producing the me by mean of any at ore won eel out In lb.,Stollen.ale Irani shall never thefts ter n.n.Alfred es 1prrMn,lnd reedµ.11, in Intl orry and Wal until Law is permitted m pond....the on.ga..other Sty deer,..bun. other amnia'slid•,lung .....ufr ...rob h....herr .0 [a cmrlluurrl inU paying qu nl lles or drilling mwatbing operations are continued as elsewhere herein rr • l hereby g tdefend thr title b. i' provided yMC I,Ibe.open fend N d,e11Mr N nbm or In I m.•M I y lend d agrees hurl Lawn 1 Its option may dlmNri any 1 •. Wilt 1 ?tit bumwrMhel,enNnbr mw.r1 Iinf in • e .II RANI be rbrssee s to sorb lien with 1M 1 1 e.. nvnratn .r, ...�.. I.'crM coin bl M e"iu• interest in m ten/Nis:bier.Naomi. i.e olmenl of Dore.. I reunder Ibe w leis'a vent er in.I nl • r '. •.rr remain, collet Iry.ITplf Ismlf,NY �f Yellle•and renl.l. ere p.l,l Le.rase µell• •r ' • ...lg..,All of the previsions of Inds lean shall Inors le the benefit of and be binding upon the pantry berm, their MIm. .dmInbb.Nn. r This yrnmini*hell be binding en gash el shoes named neemm� war Paths. partite win alert the game,reg.rdbn Of whether it in signed by .a' of lb...nrr, 'IN WITNISS WNERE01,this IMnsmenl is executed on the date fiat above written. I• WITNESSES, • Albert D. Kurtz • STATE OF COLO�RAA�DO)) 1 Cnunry at .ZG(eCi;:fz.:,,. U. Colorado Acknowledgment ?• The !wrapping Inalmntent was bbmrwledged before me Ihie V i • _. . tN ..Y1i 1'IY • A1bvrS.A..._Kgrtz piitgR l:w• r. 5 • <rI fy1mW� �r 1 I m.l: • l• ,,nom n s Mtin%/�Qs /97S i. " Notary Fib',.. a i nrL- `rr • ...•AI'Al Ir fir COI.11RADO, I ^Y 1 rnmte"I .... 55. Colorado Acknowledgment •w]y- • 'yin'yin .....p rtvir v: rmbmm m was Nm kwi. d he/Pit me shit ._ .. L.Tu�! Iry,.1 4 A.D. Ira_._. . Irv. ... __. tee;�q . w.L • • • WI 1.111•11 Mt Iliad and nfhu.l met. „*.L. r ., 41!a *Nynex 1114): • O it I i a. tl a r - l 1• • • ` 'e Or j et n a h. r•li op." _ S I L �I F D O arty ,.I P • .a.. .. e� lr} Q e' n �� 1 i pr a i 8,-i ,' J . I JY, • In • �, < •'I • �� .1.10". 4:( v .l 1 \\ A • • I, e Ii V II C I CI \ 1• 1, .`tr,Jii. JI, I .. - \ � * It _ , O 11 II 9 �. I ll w l C• ).r re _ A t . • �' + • r .`r .M • dr Ayl.�, j r d�r1 tb o:t i t i-;fit/. • _ y off wr+ y T AN1461.48i a'�r, Yi>ti, , iJ' E. 1025 REC 01961821 04/05/84 10:52 COLORADO •515.00 1/005 .a.. r 4' ,r .d F 2102 MARY ANN FEUERSTF.7N CLERK 6 RECORDER WELD CO, CO 4'ci2{ii -4( Right-of-Way Grant r r , t Y. 5 Li tr KNOW All MEN BYTHESE PRESENTS that Elver on Kurr7 and Sherry Rock Inc uy_to-ocio.v • ];f N, ,.'i,{ce 1. repro sentntl.vex of the estate of Albeit D. Kurtz, deceased t,is T• of the Post Office of 13636 weld Co. Rd. 017, Plnttevll lein the State of Colorado, 80651 ..„‘.....c_:1_,...',:41_ hereinafter referred to as"Grantor"(whether one or morel, in consideration of Ten Dollars 310.001 and other good end velOshle considerations. to Grantor in hand paid,receipt of which is hereby acknowledged, hereby ' , i • ` t�,i pant and convey unto PANHANDLE EASTERN PIPE LINE COS r NY, A Debar_--Cerpnr.rinn having 4,:,:',„ an office at 635 North 7th Ave.; Brighton,Colored% 80601 its successors and assigns, hereafter referred to as "Grantee,"a Right•of•ly'ax J I)sy cggstructyytpir2�1n, lower, ins operate,and remnvelpp WWLn "t� fl, r`w• l6 ill .pipe p repair, r ere. v lvMtL change the size o, Re er wR a rag to for drips, line mpr ere, valves, launchers, receivers, .4, cathodic equipment test leads, and all appurtenancemsCRMKkZiYIorkWe`iiiirlflhallFe and operation of said line and for the transportation of oil,gas or other substances therein,under,on,over and through the premises i';,4 ..'r( . hereafter described.and the Grantee is granted the right of ingress and egress, to,on, from and over the following f `! " desaibed premises for the purposes aforementioned in the County of _m m.14_ 1,r+' i' in the State of Colorado, to-wit: ill The Northwest Quarter of Section 21 , except the parcelsof land as conveyed le: deeds recorded in Book 807, page 68 and in Book 1004, Page 239, Weld Counts. Rr,r.rd•:, A.0 the Northeast Quarter of the Northwest Quarter of Section 24, AND the South Half of the .. t Southeast Quarter of Section 20, AND the Northwest quarter of tl.i \ 'rtheast nonrter of . Section 29, Rnnge 67 west of the 6th I'.9. , Iving South of the center line of the St. Train Creek. r_. Granter agrees that should a efnp clef!elem.:. occur as a result of the pipe) run- } set ruc[lun. the Grantee will par such del le lens}' fur a per loci ..f t.,i' — with the crop u( 19: year:. ^^, o, fat' .`� ; provided, however, t•ra: cr er nts tenant not lfl, s : -a tee r writing prior to ho resit lo •.. that of crop • that: Grantee's ntaenl my else said dr fir lam r claimed. MI TO HAVE AND TO HOLD said easement% rights,and Rightof•Way unto the said P.ANHA\111.F. EASTERN PIPE LINE COMPANY, its successors and assigns. t All pipe installed hereunder shall be buried• minimum of___.;;;_t.. t., . Grantor shall not construct or place anything over or so close to any pipe line or other facility of Grantee as will be likely to interfere Int with Grantee's surveillance of or access thereto by use of equipment or means customarily employed in the surveillance of or maintenance of said pipe line nor intentionally cause the original cover over said pipe line to be reduced below whichever is the greater of a minimum cover of thirty 130"I inches or below the minimum cover required at any time by any applicable pipe line safety code. All damage " '*H +4144.4.0,44. tttockho nsti rouses occasioned bye DiW'dHlUictk*illM 'sas II / k{MPr rfiany of the lac ties herein authorized maintained and operated by Grantee shall be paid by Grantee after the damage is done. The ltightof'H'ay granted herein shall be fifty ISO'( feet in width., fh.. centerlines of which are shoo:, ,.o plats rirked EXHIBIT "A ". EXHIBIT "B" and EXHIBIT '•r;•• attached hereto and rail.. a part her, o! . €z • . i . tt. j r -.--1 This Grant shall be binding upon the heirs, executor%, administrators, successors, and assigns of the parties hereto, and all rights herein granted, or any of them separately. may be released or assigned in whole or in •4, part. It is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor f, and a duly authorized agent of the Grantee. r 1 INWITNESS� EftEOF,the Grantors have hereunto setliher hands and seals this __ tl ' • ., y P Ci . A.D.. 19 -9 _--_-- da ✓ e 1 11 • 4 ,� -- lily rn f,rtz, cu rson apes • • s ' '.r.1 > :berry Ilockln,;. c0-personal r presentative 4.i t'S� .��; '$ of the estate nl Alht•rlJ,L 1> :VA.' r : •"' ACkNOWLEDandENT YON HUSBAND .• ' 1 j.a,.. AND WIFE i ACKNOWLEDGMENT BY PERSONAL REPRESENTATIVE ~ " STATE OF (' :�‘tnd J y i,' COUIITY OF K....,. r_ ) ss. Before me, the ugddersigned, a Notary Public in and for said County and State on this appeared 1 ' day of (v1n It �y.., N,\ AIn _ 19±L, personally Representat ve of the Estate - as Per oral L, z l K„a"1L , deceased, who is to me known to be the IdenticalIIIIIIIIIII person who executed the within and foregoing instrument as such Personal Representative, and acknowledged to ne that '.irn executed the sane `1L-t free and voluntary act and deed as Personal Representative of d. the Estate . , deceased, for the uses and purposes therein set �forth. +l KI, .Y. '�I ii, 4Given under my hand and seal the day and year last above written. x18(11' • * • •\ ' • . e : ' .. n ii r----- ca'—. .J‘ I 'Ct.,— •` Notary pub lc "— 1. Wallace N. ❑rant t ,!� Fyo5issipn Expires �Cf . �.) 198 , P. ,n, ISux. 97N • ; B 1025 PEC 01961821 04/05/94 10: 52 $15.00 2/005 +'" F 2103 MAPY .ANN FF.I'EPSTF.IN CLERK & PECOPDF.P WELD CO, CO ACKNOWLEDGMENT BY PERSONAL REPRESENTATIVE ',.,• STATE OF �AI•,¢,xtnn �: • ) ss. .� COUNTY OF Tx...414-11- minnallalli •i- Before me, the un4erigned, a Notary Public in and for said County a+, :'' and State, on this_ l day of S' "+ and d S jtR t NO C of �I�t--Ctl , 19 E-_ personally l° Represents It vc of the Estate e.b•r -.t irTll-- —' -as Personal . D_ Kt.2_1 Z. +o n tot of FeLiden - .. , deceased, who is to rx! known to be the identical '!I, person who executed the within and foregoing instrument as such Personal Representative, and acknowledged to me that s. executed the same h'.t- free and voluntary act and deed as PersoniT Representative of I. the Estate a,wt Last:tt{}f- .T,..,� ne of ltL l-,c?re-deceased, for the uses and purposes therein set forth. I. 4,t II ! 'r *, . • dyren under my hand and seal the day and year last above written. 1 v •• .1 �� l;1. ' 'r •, i _1 O.— i • ) I .R,. it� I:4 Notary Public - p • 4 14 t mission Expires C'rl -).7 7• r, -- ---' 19. ♦I •Se , ~ I.i I I } /t 1i' •' :I - p• p O t" a .D n �' t l I it b /rlt✓, In In.n (� :. ^ Y I ° ` °1 4" 822 rr : E. O Z I _ v :t AIFi,� .-� � 3 V I F' a - ° k VL.'le i;. C '-+ — I I I- ^2 O / 1 -3 .2 z Jo ��v U u. E W 11F'3 a- -' Q„' :.i I I G ',/,. Cs. C S e ry , -' o >. s ° F I 1 I d _ m t- CJ a .T. r ,1 k y I I, 1 _..r y r_ , , i7; � �i ,f, r. 1 4;... ,�y, *"-11' s i.l., x 4 1“1" tiletr iNt nut,?," 14 i'y +,-. ?4* ] --yQ , ! i1"`A a .1," i91 ' ° - �o ₹ ! ..Lea nwen. 0 1025 REC 01961821 04/05/84 10:52 $15.00 3/005 • Yl itl. F 2104 MARY ANN FEUERSTEIN CLERK 6 RECOPDER WELD CO, CO ?('. , ! }, ,'i tin ,Y ' 1 1 J' __ _ I RI f ... I NJ _ �Y z. 1 r3F--.1 II I., N 40 N • II M mr Y If J1 1 W P U--.__ _ lyc N L'it o .2 r 01ti A U, A Tan Le ' a 1 � / O N\ N Q� S ., r An 1 - CO _M ry s o Mir L1 D 1- U N 0 OCO to 1 F' W - Y ,r Y ▪ a , t 31 r ° i j a ° 1 r,.; 41°, -,- • igy,Nelt-..� r.. 2.. n•. y �ay 2y4�iIO , „•.,....,,,,t4,,,, Ii : of., 2, , rYJ° . !• 44�� ,yli� �'.�• �`W" { - v ` )"Y:' ORIGIU.UAL 1,E5161,3 O44.1 6ED y,4,. - it t r1 i' . ,, g . yi,t , y. fir,' tiIf„� '' >z R`+ -•1•475,•,P 1 {6•]0.015. 25-6" • r- '• •426.4• -`\•'• r PRO 14-10-015-1306.4" • . i(i a r1i '- - SCC• ZL -t' iQ {C13.. 5• •�•}�• • { �7 �; ,L' ' . 7,-144-a6-7w' • '• , 'c'4 ,�\ \ - i•.. ,• .`VEIO CO,Col- y^. �\ 55.46'3O" 1 L• a'•` \ • AµOCO - D.K. ltOR GREW D • t>, I TRUE 11• I Mb �O613-b d 10 0 i V:01• G i • r - 16-]0.0-15 -n4-4" .. O • • • 3 . ..... . .....-m.. • 1.... ,. .. • r-/ r • ��._ ' — - .; . . . IMINIMIN f x r j\C. is` ` • EXHIBIT "B" I{ , , .. •'.-..,1'''H;'-•a; '- 8 1025 PEC 01951921 04/05/84 10:52 S15.00 4/005 F 2105 MAPY ANN FECEPSTEIN CLEPE 6 PECOPDEP WELD CO, CO "{ fb t t I.,rj Y•f e4-' r , t i., t,, • r` y„) tXf a „I d y, i y}•. ''.,- .-1" I , Y:. I ( t •• ) ;i9 1=v '�,ItY t ','Ji ' ' r lc' ' rs {L' I I L M1. {y 184 ' , i.4"�S ti"�G I PiltV. • �1 _ ( t4"'441 f>R: dt... bf,+nIN.+ 'n:; /X a S:. r. Y tx� '� �;' A 1025 REC 01961821 04/05/84 10:52 $15.00 5/005 rx, r ' � • t t, ' r '• � • F 2106 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO n?.N.4'; a."'; f ' , i '-„9i' '. f 4i �. rIt. 'lb r t Ytm+r w vs e� 8 i iiilliE — ----41Ths+t— J ; ' —6 it I cit ID L {� fir ( O a, m 'V ,r '7 • si 'V . J `l� in �.n. t;.,.,-,-,,., �O r1 O F�--.`n L• . g. O 3 Q w 1 r • 2 I r I i 0 rl I Qi7 � v y t U 1 1 V M CC Y 41 CII �r 1 [ 0 ,\ — ' ' l,' QriJ O V jp d ',..;-:,,"41,..'' —Q7 ' O rI o L# = rig 3 a uZ a tbo �, ','r,i: CCM a- . if�r " ff r r:' ' Q2 .41 -4 ti :e, M { , --® — ¢ Q 7 2 c r-rt. m �• , • ,r , o , s � A% Sr !J • • } Irk / •, = t P • . A }• �N p r fi.e , gi�. .t •,,:;e-%)-411.•• 1/,,t':1 ' c' k > f"...1 c A r r ✓x •,:.apt f '. , ‘f rfav,4tNifit.i it + r i.";�S is 4'p 1.' .... . v. ` +`. 4y r B 1025 REC 01961821 04/05/84 10152 $15,00 1/005 DOLORADO n Ir'` , `'`"` ! F 2102 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO 1/r :, y AR3986�1S "tt r ft z ' Right-of-Way Grant rI 1 V ` `{rC�;: B 1049 REC 01988615 11/15/84 12:34 518.00 1/006 r�4. 1'I F 1257 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO 'C � , 1, ( ;`h. t1, „1 1.: KNOW ALL MICN BY THESE PRESENTS,that Flverna Kurt, and Sherry .locking as co-oersonat� / :11' F• gt1 r representatives of the estate of Albert D. Kurtz, deceased a� of the Poet Office of 13634 Weld Co. Rd. !17, Pl rat tevt l l eln the State of Colorado, 80651 1 , , hereinafter referred to as"Grantor"(whether one or morel.In conaideratlon of Ten Dollar.1$10.00)and other ' I r ,`c':y1 good and valuable considerations, to Grantor In hand paid, receipt of which la hereby acknowledged, hereby pant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, A Delaware Corporation, having an office at 836 North 7th Ave.: Brighton,Colorado, 80801 Its successors and assigns, hereafter referred to as • "Grantee,"a pit icy On n, lower.Inspect,repair, replacenetopn change the size of, operate,and r4X1&e�VnV�g![K�1`e n ota for drips,pips Unar y ere, valves, launchers. receivers, e cathodic equipment, test lade,and all appurtetutttterailMlsgy EIDI prE11di1M1} flf.+e and operation of said line and for the transportation of Oil,gas or other substance.:therein,under,on,over and through the promisee _ r 'I hereafter des Abed,and the Grantee is granted the right of Ingres.and egress,to,on, from and over the following described premises la the purposes aforementioned In the County of wa I n 'cc.„p In the State of Colorado, to•wit: '':I The Northwest Quarter of Section 21, except the .. - • P parcels of land as conveyed by deeds recorded in Book 807, page 68 and In Bunk 1004, Page 239, Well County Records, AND the Northeast Quarter of the Northwest Quarter of Section 24, AND x',taXi akail4Wl'lXF.(Xgihtx SOLCUOC2:4=01BX.XIXXICSOMOtIm(RO()(AND the Northwest Quarter of the Northenst Quarter of '- Section 29, Ka,nge 67 West of the 6th P.N. , lying South of the center line of the St, ' ..,1 Vraln Creek. . . ' Grantee agrees that should a crop deficiency occur as a result of the pipeline' con- _struct Ion, the Grantee viII pay such deficiency fur a period of three years commencing -with the crop of I9?'j; provided, however, Grantor or his tenant notifies Grantee In writing prior to harvesting of crop so that Grantee's agent may view said deficiency lency A claimed, ,n <, Y•1 TO HAVE AND TO HOLD said easements,rights, and Rlght•o1•Way unto the said PANHANDLE EASTERN ' PIPE LINE COMPANY, its successors and assigns. +r AU pipe Installed hereunder shall be buried a minlm Cm of a 1"..:.. nntnr shall not construct or place anything over or so dose to any pipe line or o be likely to Interfere '1 with Grantee's surveillance of or access thereto by use of equipment or means customarily employed in the i ' surveillance of or maintenance of said pipe Otte nor intentionally cause the original cover over said pipe line r. r _ to be reduced below whichever la the greeter of a minimum cover of thirty(30"1 inches or below the minimum • - ' ,, 'l cover required at any Urns by any applicable pipe line safety code. All damage �ij (fej( • _ endbnceent kle leer occasioned b*BNPFMfaINi4Rlniela►elper litany of the fac ties ere'Claud:*r to e maintained and operated by Grantee shall he paid by Grantee after the damage is done.The Right-of-Way . granted herein shall be fifty 150'1 feet In width., the centerlines of which are shown on plats narked - _ . , .' EXHIBIT "A", EY:uifiIT "B" and EXHIBIT "C" attached hereto and made a part hereof. EXHIBIT "U" - ., L This Grant shall be binding upon the heirs, executors,administrators, successors,and assigns of the parties ,l rl hereto, and all rights herein granted,or any of them separately, may be released or assigned in whole or in part. It is understood that this Grant cannot be changed in any way except in writing• signed by the Grantor 7 and a duly authorized agent of the Grantee. - IL IN WITNESS EOF,the Grantors have hereunto seHtev handset:d.eels this I4 - day of b i tNeC -k , A.D.. IB Ltl •//i'- 7 I • Iav rn �,r[z, co �rsan 1 r ,• 1 ` sereew� Svc ,��'i: berry Ilockln- , r0-personal t presentative ' 1 ''k "�, '�_{1 of the evr,te of Atli tact"; AEC sme't Mik4o NODY '.'-� Or rasa In' r S)y 5.*tow cal WAS Iou9D to fat .iIADrQOAra y^. �y.,y; f' I'try 11,1 al'.I VIM r'raAPIIIC atraoo, 1',oei ,,y'let1{i1 etumt or II cCc'ai ,rr. A Wry, DIsCDLaatI .Naas tIC.. — , ._ Ihi.. I.1•.t amore n•-rr,'or,h.a in . orl art d, -., rlpl inn an,' Ih.. 1.,. II ion of alp, . lot I ' II I NI I•: ,►ccxowtsoawsrfrr YON HUSBAND AND win ' , ki'rti I ,t;' ACKNOIILEDGrENT BY PERSONAL REPRESENTATIVE Es •, k 1!_u„ STATI: OF Cll)•tnd ••to SS. .-, COUNTY OF 'Hi,.t.1.,t . t Before me, the ugdersigned, a Notary Public in and or said County and .state on this )4 day of Mrtittr appeared f t., NEN AQT� , 19• personally Fepresentat ve o the Estate —r_• as Pe onal _lr Kv¢ Ut , deceased, who is to me known to be t e ident cal person w o executed t e within and foregoing instrument as such Personal Representative, and acknowledged to me that Sint- executed the same H„t.. free and voluntary act and deed as ersona Representative of BEstte 1, •' , deceased, for the uses and purposes therein se il`fort . Il r ~ lit 11• d Given under my hand and seal the day and year last above written. • '•`r1Ali) '.• I Notary u c a 1i � • Wallace H. Crane , FQei'ilssion Expires ��. �. l9 " P. •0. Sox 97A , I on-4,i I.nl-,,.+dn Pik',02 !I +.,. A 1025 PEC 01961821 04/05/84 10: 52 SIS.00 2/005 • F 2103 MARY ANN FF.IIFPSTF.TN CI.F.Px e, PECOPDF.P WELD CO, CO II ''ll ACKNOWLEDGMENT BY PERSONAL REPRESENTATIVE !7 , STATE OF (U•'Gwl a ) d t. ) ss. COUNTY OFlex.Jca_ Before me, the ungersigned, a Notary Public in and for said County and State, on this 11)x• day of Mw4c ,t. , 19.vi.,_ app^ar d rjlA 0.�'--„.S.sis+._ , Personally Represents-Me of the Estate of PArsonal= "1,v/ ' 1Cuiti b , deceased, who is to me known to befthe efdent�ai person who executed the within and foregoing instrument as such Personal Representative, and acknowledged to me that S.c executed the same h'.1- free and voluntary act and deed as,Person rRepresentative of the Esrate anikkiennt=aiiir—zattant of deceased, for the uses and purposes therein sett o th.h } •q?ice ' ii l { •'-1:.4t I. . diaren under my hand and seal the day and year last above written. ,. 'r, '' •` ~�� v Notary Pubffc r` 14y Ebrrmissi on Expires C c-'1 a...4 (,Iy • n -�. __ 19..1.L.• :''yI 3. HAI ',d-. A 1049 PEC A19:48615 11 /15/N4 1:: .14 SIR.00 2/006 F 1258 MAP/ ANN FF.IIFPSTP:[N CLF.PY b PECOPDFP WELD CO, CO , w :�: ' I X a , C r- I a, a a I I us Z R C7 L a j OO G11 c., 4 I5 le ~d Q u •� o • I ! 2 I6 t m� l I j 'HC J {Y Q I v , 3 _ Z1 O r i +rir < •. _ I I ,r V: F < • ce • 44 }‘.' ' 8 1025 AEC 01961821 04/05/84 10:52 00 0 05 ' ` / =tt-; ti r F 2104 MARY ANN FEUERSTEIN CLERK i RECORDER*WELD Co, C0 .0 i d .rI R 1049 REC 01988615 12:34 $18.00 3/006 11/15/84 F 1259 MARY ANN FEUERSTFIN CLERK i RECORDER WELD CO, CO ftJ f, • lilt r '' Pi lki 1. -- • e. N P•• 1111 - ` c •• dad Iv N ' p d ausr �n i so rad a m 6.1(V / iii c d -. ' IL a / 0 J N 0 ii 0 • 1-; •Vy.iY is rr . 1S Y' . �� J-,4 4-'0"- r r " 1 amaisampaimeamislitirv-• a Y N la:�,,f �ir { A. - ORDZILIA 019104 CNA3KtP 4',4:;; ;;' 01,1f+1 tyro. y 4. .14 • . ct/ 1 i:\ S:r 1'x,1• w�. f ' 16.10.075-2t-6" • ii �� ' ♦ 6.4 ' '••I Pstom :I4-10.015-1306'4" . _ �, •. ;• r ' ! .I* Ste. 24 ' i - , • •� •1073,!5' i, Is.................‘ 1T 'went 30 ° A 16oco -b W.�0 4o* D altv4 1 ,\ 'Nut *1 MO MI.13.O clbI • ? .' / 0 1 • fir- 16-10-015 •II 4'4" 4 .r4 ': • • ED I - r'. " EXHIBIT "B"or.,,":`.... 8 1025 REC 01961821 04/05/84 10:52 515.00 4/005 1' 2105 MAPY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO R 1049 PEC 01989615 11/15/84 12: 74 518.00 4/006 F 1260 YAP? ANN FEUF.PSTPTN CLF,PP 6 P?:COPDF.R WFI D CO, Co 5: ,,t-.' �� ., avl th t r w t . x _ h t (S V f.,} I . it� ,•, .f ` � y l . y f'4 V' I • L. 1�O Y t+li �.! i 1410.071.63.4° lint. 7 'Y pj; e . r" • Taw Comeau**. W.Raaw • Sac. 29 _. ._ h. T.3Nr RV?W. NI IMAMp �\� "' Co C I J�\Otto oVp, n,�, �� J tlr: J�� I 6MaW• C 1 .. O Mr.AAaw •1 ,1 i,,;� Wt 13*—_ 19.10.0•Cr15' 3" r r .. ' , to` -- ^-1t•10 »-4° lC .10.01!,- 53. 4" E1CT. r S• pU1 LT3 31 * 40 . e,t, 4" 14oR12. Stott Tat y/ 90° PT POA 19.10.075-25.3" 4 sac. E.T. L• K Ito* 3.644 1 32+40 A 01.04' LT , . 35+ 05 G 39°40' TAT 56 4 36 G 24.25'26• SIT r3 'r • .•:, 42+ 29 1A •SV56'!4• RT ' �.�4L+OL -.• E-WtWw .FwC PwowawTT Lw, Ti • "• a. '44+Go A 41.16'45" LT a PT 42 09'06"' GSa.10'T. Fw ' - 41 T St Sauti 14k4•4 Baw c. Con. 48+ 35 G.L.. ST. VRalw CRatit •1. , f;,..,.A: 4q 4 Ig NOAT11 Stow saw.. ' LT (/ 1L� 1 ,'1•Y SO+ 49 L i,26 9 2 '01' L• f 55+ 06 L 016 53'24- LT 62+ 04 A 0.16'D3• LT 68+ 06 E•%4 4w. the 4 PROPaRTV Lt., to, RT 29• 03 66.10' ': ` ( rle .„I' 70+ $1 A 24.07'16• PT 26'30• h F we. Colt `. 1 c.t. 5L Rise / OM. ,7, 62.06' SS" Lr Poa19.10.07 "14 LT 52.'011.34s*. 17 0 1.7' Te Water 1' 1329.1- ' 71 ti', FXIIIR1T "C" • I. R 1049 RFC 01999615 11 /15/84 12: 34 51R•00 5/006 F 1261 MARY ANN FI:UF:PSTFIN CLEPF & PFCOPDFR WELD CO, CO }i q' gate Boor 5643- P. ' ' •.,j 43 +e 4g 14 .10.075 - 53- 4• EXT. I + ,; =nClillSOONPANY WetO Co. Cot-o. C3CD.AISR� IV W A IlN4. f DATt b•p-g4I W.0. 37063 pin. • B scut 1'. 1000' Dwd e ; M0. u f,! .. • t r V vl) 1 J . • , ' 1 �. r V'ra • , .i 1 qp 7 f go.(Ja re , 5' • r? 6 `�`' 'V , t yyy .' )!:x 14.10079.432.4' IF10.075.26•p' 1' • y ••••. • Tn;nl ttr4l l tt r , u se 4:1 t ,a.1 1't �kSi it'µJl r b' '1 5t; 1f 1t. ,,)t N • a N ra ✓<'At ' iYr L M M.s•3a46 1 J 14.10.095. 1301-47—L. 1' "ly. iV,{ Sac. 20 I • T34- R6lw ^) C i. Wato Co, Coto, i'-_. _ — Q — _ + �Rz. ��J j , a FAWN UwervZ rri , d, , w3 II0tS Si V f: j. .' I 14.1049E-721.4' 0It %a ''" I I A-54t4sta R• [SAC- KYTL• 2 rt, I :+3 64114 * o% IS Tea•14, I;• 14 -373-3' I • • i' 't•'fi - - - 14.10.015•• 1301. 4" •%• 2Sutcrs 0 4 oo s"Tin 06. Eslst. S.B.L, Rlsa• Above, S2' 13'31• LT snow O.M R Q }:. ,i,. 51s 34 +69 ow 14.10.015-432.4" ' J 0 + 31.6 A 50'49'10' RT S,�.;� I ♦ SS A 45' Rv t'1' I +92 L. 30'02'50" PT 3 + 86 A 30'46'34" Lt ' • r '' ' - 5 + 14 A 01'34'l'" LT 1 +88 L 07.16'54" Pt EXHIBIT "ff"10 + SI Ne,otw Mlew Bay. •; • 10 +68 C.L. E•W DRAW (15' Dea.) 1� 10 +41 Soul... HIGH Bata:. .'i+ `t , 11 +84 A 32.25'02' LT �j°/ i • IS + OS A 254'12' 11' RT 24+OS 1. 13.01' 12' RT i"•. 33+ 14.5 c.c. 4. 5.11: 1.. Risaa w/ 0•M. R. i• 10'59' R t, Tie. RT 150.14• o 190.2' -re Wtts , ,`•• B 1049 PF.C 019flP,bli 11 /15/34 12: 14 Sifl•OQ 6/006 • F 1262 MARY ANN FF..i1PPSTEIN CLERK I, PECOPDF.P wan Co, co •;,., Elmo Boma 5639- P. 22 to 27 , - , %4.10.015- 1301-4" . • r, e I4tLo Co, Coto. +'',•''{ 'c +tt �tat OOI�AI(Y cxD, /OS A° ENO. DATE10-0.14[tO. 36955 IREX , I:r BY W RB SCALE 1' •1 000' OM.NO. 4;, 1. 1, t• t.. • I ft }1 itt' 4 3tl' I 'f 11 •�4,.'.'1y10.M,sr •,r ' ' y CI 1RA p., rlia _ .. 7 .-� . ,V�' rtaa ' - . ��- `t t+ ,t, I� er�ayr'� , a..irls*,,,f4A-ri' .... . . _.. .. },.i BOATRIGH�T� &RIPP, PLLC "/"'""'" l al((Zee 4315 WADSWORTH BOULEVARD WHEAT RIDGE,COLORADO 80033 TELEPHONE(303)423-7131 THOMAS R.RIPP September 14, 1999 FAX (303)425-7139 Board of County Commissioners Centennial Building—Weld County 9th Avenue and 9th Street Greeley, CO 80632 Re: Application for Mining Permit-Sand Land, Inc. Dear Commissioners: For nearly three months Sand Land, Inc. has been attempting to comply with the County conditions to obtain a mining permit for its property known as the "USR 1219 Sand Land, Inc. Kurtz Resource Recovery and Land Development Project". A condition which this Board imposed upon Sand Land was to obtain a letter from the current oil and gas operator which indicated that Sand Land had made reasonable accommodations for the oil and gas operator. H.S. Resources is the oil and gas operator. The response of H.S. Resources to the request imposed upon Sand Land by the Board was to present Sand Land with a completely new Surface Use Agreement which significantly adds to and/or alters the existing relationship between the parties under the leases which H.S.R. assumed. This matter is currently before the Board on a motion to reconsider the previously imposed conditions, that date being October 4, 1999. Every day that goes by, Sand Land looses a considerable sum of money given the fact that it is unable to mine. Sand Land therefore respectfully requests that it be allowed to go forward with limited mining in an area away from any oil and gas wells which exist on the property at this time. Sand Land can represent that there is no exploratory drilling going on at this time. As set forth in a separate property diagram, Sand Land requests the right to begin mining in a very limited area, no greater than 40 acres. This is as reflected in the shaded area of the property diagram. Sand Land also requests the right to be able to put a cement pad on a portion of the property which in no way interferes with the oil and gas operator. PL i300 Board of County Commissioners September 14, 1999 Page 2 Sand Land acknowledges the fact that while it may be allowed to commence work upon the property in the form of mining and/or constructing an improvement, this Board may not ultimately grant the mining permit so requested. Sand Land acknowledges that risk. Sand Land only asks for the right to begin commercially using its property on a very limited basis pending the October 4`h hearing. Sincerely, BOATRIGHT & RIPP, PLLC Thomas R. Ripp TRR/ggs EXHIBIT B IS A PLAT PLEASE SEE FILE FOR ORIGINAL 992428 PL1300 Hello