The URL can be used to link to this page

Browse Search

Home My WebLink About20190670.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov.com * 970-353-6100 EXT 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number*: 1 2 0 9 I x_2.0 Address of site: Pipeline crosses multiple parcels. _ 0 3 6 Legal Description: N 1/2 of Section 15 (Start of Line) Zone District: AG (*A 12 digit number on Tax I.D. information, obtainable at w w w .w eldgov.com) . Section: 15.1°.11.12.7.8: Township: 3 N Range: 6 71ij W Acreage: Floodplain: Y N Geological Hazard: Y N Airport Overlay: Y N FEE OWNER(S) OF THE PROPERTY: Name: Company: Phone #: Street Address: Email: City/State/Ziip Code: Name: Company: P hone #: Street Address: Email: City/State/Zip Code: Name: Company: Phone #: Street Address: _ City/State/Zip Code: Email: APPLICANT OR AUTHORIZED AGENT: (See below. Authorization must accompany all applications signed by Authorized Agents) Name: Samantha Petite Company: P hone #: Kerr McGee Gathering 720-929-316/ Street Address: 1099 18th St Email: Samantha.Petite@anadarko.com City/State/Zip Code: Denver, CO 80202 PROPOSED USE: Kerr McGee Gathering proposes to install a new 24" high pressure natural gas pipeline. The line will start in the N 1/2 of Section 15 moving north into Section 10 and east into sections 11, 12 of Township 3 North, Range 67 West. The line will continue through Sections 7, 8, 9, and 10, 3 and then move north and end in the Northwest corner of Section 2 Township 3 North, Range 6 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Sanaidia,P 8/1/2018 S ignature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Samantha Petite P rint Name Print Name Rev 4/2016 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIR0NNMENT ENT 1555 NORTH 17TH AVENUE GREELEY. CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I, Lindsay Jaffee, Land Director, for each of the entities identified in this sentence, give permission to Nathan Keiser, Sam. Samet, Tracy Collins. Shayelyn Marshall, and Samantha Petite, to apply for any Planning, Building,. or Health Department permits or services on behalf of, and relating to, properties and projects owned or operated by. Anadarko E&P Onshore L'LC, Kerr McGee Gathering LLet Anadarko Wattenberg Oi`I Complex LLC, Kerr McGee OiI & Gas Oil Onshore LP. Property Owners Information: Phone: __ L_indsay_Jatfee - 720-929-3707 Email: lindsay.iaffeeanadarko.com Applicant/Agent Contact Information: Phone: Nathan Keiser (720) 929-6896 E-MaiF: g nathar.keiser@anaclarko.com Phone: Sam Garnet a (720) 929-3317 E -Mail: sarn.samet anaclarko.coni Phone: Tracy Coiling - ( ?0) 929-6160 E -Mail: tracy_colling@anadarkocam Phone: Shayelyn Marshall A (72O) 929-6907 E -Mail: Shavelyn.MarshaMaradarko.com Phone: Samantha Petit - (720).929-3167 E -Mail: Samantha..Petite@anadarko.com Email correspondence to be sent to: Owner Applicant/Argent Both Addition Info: Owner Si,nature' Date: 1 2P1 Ira Owner Signature: Date: K�rrittGee Kerr-McGee Oil & Gas Onshore LP A subsidiary of Anadarko Petroleum Corporation 1099 18t'' Street Denver, CO 80202 (720) 929-6000 August 1, 2018 Michael Hall Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: St. Vrain to Latham 24" High Pressure Natural Gas Pipeline Dear Michael, It is our pleasure to submit this request for the I MGG's St. Vra.in to Latham-Hambert 24" High Pressure Natural Gas Pipeline which will be in Sections 15, 10, 11, 12, of Township 3 North, Range 67 West Sections 7, 8, 9, 10, 3, 2 of Township 3 North, Range 66 West., in Weld County. Enclosed you will find the following submittal documents: 1. Pre -application Meeting Minutes 2. Application Form 3 . U R Questionnaire Including Description of Proposed Use • Details of Site • Affidavit of Interest Owners Surface Estate • List of Surrounding Property Owners (Surface Estate) within 500' of the Project • USR Maps/Drawings Please let me know if you have any questions. You can reach me at (720) 929-3167 or via email Sa.mantha.Petitc@ana.darka.com. Thank you,. Kerr-McGee Oil & Gas Onshore LP S Samantha Petite Municipal Planning Analyst Enclosures: Submittal package Signature of Weld County Planner Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CFA or IGA) Boundary Date of Inquiry 4/6/2018 Municipality with CPA or IGA Mead CPA Name of Person Inquiring SAMANTHA PETITE Property Owner MULTIPLE Planner Michael Hall mhall@weldgov..com Legal Description Sections 15, 10, 11, 1 d ofT3N, R67 & Sections 7, 8, 9, 1 0, 2 of T3N, R66W Parcel Number MULTIPLE MULTIPLE Nearest Nearest Intersection Type of Inquiry 24 INCH FIIGH PRESSURE NATURAL GAS PIPELINE (8 MILES) The above person inquired about developing a property insideyour designated CPA or IGA boundary, This person has been referred to community by Weld County Planning to discuss development options on this site,. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments ANNEXATION INTEREST? OTHER COMMENTS? Name/Title of Municipality Representative Erika Rasmussen, Town Engineer/Public Works Director Municipality Comments, -rr__ The Town of Mead has no comment. r _ Signature of municipality Representative � tative Plase return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, OD 80631 (970) 353-6100 x3540 m' (970)304-6498 fax Notice of Inquiry Development within a Coordinated Planning Agreement or intergovernmental Agreement (CPA or IGA) Boundary I Date of Inquiry Municipality with CPA or IGA .. Name of Person Inquiring Property Owner Planner Legal Description Parcel Number Nearest intersection Type ofInquiryr 416/2018 Milliken CPA SAMANTHA PETITE , MULTIPLE Michael Hall mhall@weldgov.com Sections 15, 1 0,11,1 2, of T3N. R67W & Sections 7, 8, 9,1 o, 2 of T3N1R66W MULTIPLE MULTIPLE 124 INCH HIGH PRESSURE NATURAL GAS PIPELINE (8 MILES) I The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit chapter 19 of the Weld Couriq Code for specifics on your agreement. Weld County Comments ANNEXATION INTEREST? OTHER COMMENTS? Name/Title of Municipality Representative Municipality Comments r-1 ie r Plan fit tte eon% Inge csale Signature of Weld County Planner Ivo 'testy% Pk n ea way) 0 r. •-• /9 Cm() reSip ot raj 1 of MunkipaiItyr Representative Plase return the sigma form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, Co 80631 (970) 3534100 x3540" (97O$04-6498 fax Nonce of Inquiry Development within a Coordinated Planning Agreement or intergovernmental Agreement: (CPA or IGA) Boundary Date of Inquiry 416/2018 Municipality with CPA or IGA PlaitteVi(Ie CPA Name of Person Inquiring SAMANTHA PETITE Property Owner MULTIPLE Planner Michael Hall rnhall@weidgov,co Legal Description ' Sections 15,1 Or 11, 12, of T3N, E67 & Sections 7, 8, 9, 10, 2 of T3N, R66W MULTIPLE Parcel Number Nearest intersection MULTIPLE Type of Inquiry 24 ] ICH HIGH PRESSURE NATURAL GAS PIPELINE {8 MILES) The above person inquired about developing a property nsideyour designated CPA or IGA boundary, This person has been referred' to community by Weld County Manning to discuss development options on this site. Visit Chapter_19 of the Weld County. Code for specifics on your agreement. Weld County Comments ,ANNEXATION INTEREST? 'OTHER COMMENTS? Name/Title of Municipality Representative _ , r y Municipality Comments Ce °al° CdP g Alt/ Ce---tr "KS leo don pe,p t tie,/ Signature of Weld County Planner Plase return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, CO80631 (970) 353-6100 x3540 ^' (970)504-5498 fax al agelae Li CIS Pet Signature of Municipality Representative Application for Use by Special Review Proposed 24" High Pressure Oil Pipeline St. Vrain to Latham-Hambert Stations Township 3 North, Range 67 West, 6th P.M. Sections 10, 11, 12, and 15 Township 3 North, Range 66 West, 6th P.M. Sections 2, 3, 7, 8, 9, and 10 Weld County, Colorado Applicant: Kerr McGee Gathering An Anadarko Company 1099 18th Street Suite 1800 Denver, Colorado 80202 kvAril Kerr!vGee August 2018 KerrititGee Kerr-McGee Gathering, LLC A subsidiary ofAnadarko Petroleum Corporation 1099 18th Street Denver, CO 80202 (720) 929-6000 September 5, 2018 Michael Hall— Planner Weld County Department of Planning Services 1555 N 17th Avenue Greeley, Co 80631 RE: PRE18-0101 Completeness Review Response - 24" High Pressure Natural Gas Pipeline Sections 15, 10, 11, 12, Township 3 North, Range 67 West Sections 7, 8, 9, 10, 2, Township 3 North, Range 66 West Dear Mr. Hall: Thank you for your review of USR 18-0101. Please find the responses to staff comments listed below in red: 1. Submit a copy of this form when you submit the revisions to your USR Application. 2. What is the precise length of the pipeline? 52,057 ft. of 24" High Pressure Gas Pipeline and 12,479 ft. of 16" High Pressure Gas Pipeline. 3. Answer the questions listed under Section 23-2-510.C of the Weld County Code. • A description of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Please see section 1.1 of the USR narrative for description of PIPELINE. • A description of the preferred route or site and reasons for its selection. The preferred route was selected because in many instances existing pipelines were already located in the same corridor. Right -of -Way was agreed upon by property and acquired for the entirety of the line negating the need for alternative routes. KMGG strives to locate pipelines within the same easement area to minimize impacts and encumbrances on the property of surface owners. • Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. The routing of the pipeline was agreed upon by both KMGG and property owners. Finding mutually beneficial pipeline routes is also the most effective way to ensure there are no adverse impacts. • An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. Construction will begin shortly after approval of the USR application and is expected to last 8-10 months. • Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. A public meeting was not conducted for this pipeline. • A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC. Please see attached Emergency Action Plan for specific details. A copy of this plan will be provided to the Office of Emergency Management as part of the application referral process. KerrititGee Kerr-McGee Gathering, LLC A subsidiary ofAnadarko Petroleum Corporation 1099 18th Street Denver, CO 80202 (720) 929-6000 A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. Please see attached Emergency Action Plan for specific details. A copy of this plan will be provided to the Office of Emergency Management as part of the application referral process. • A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. • A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. Please see section 1.2 of the USR Narrative for details surrounding consistency with the Weld County Comprehensive Plan. • A Decommissioning Plan. Please see attached Decommissioning Plan A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. KMGG will utilize State Highways and paved roads whereas possible, as these are typically build for larger vehicles. KMGG will also obtain any overweight/oversized permits if necessary. Additionally, all ROW and crossing agreements will be obtained prior to any work being done in the County ROW. i Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. Please see overall response to Completeness Review Comments provided by Weld County Planning Staff. 4. Submit a list of all the parcels (in an excel spreadsheet) that are crossed by the pipeline (including parcel #, legal description, owner, and reception # of the easement/ROW info). Include this information on the map set. Please see excel document labeled 'St Frain to Latham Parcels Crossed by Pipeline, 5. Please review Section 23-2-520.4. The topo mapping requirements should use the contour lines based on the updated USGS topographic quadrangle maps. The contractor commissioned by KMGG to create the USR Drawings utilized the most updated version. 6. What is the width of the pipeline easement corridor? Are all the pipeline corridor easements secured? Please address in a detailed statement. All pipeline corridor easements have been secured and are all 75' permanent easements. Please see the ROW PDFs. a. If all the easements are not obtained, what is the status of those agreements? b. If this pipeline will be located within an existing pipeline corridor, please indicate what other existing pipelines are in the corridor. - (don't have to show on map) basic statement call it pipeline easement corridor summary (if easements are secured or not, if its already existing width of pipeline Kerr/IkGee Kerr-McGee Gathering, LLC A subsidiary of Anadarko Petroleum Corporation 1099 18th Street Denver, CO 80202 (720) 929-6000 7. Submit a list of all the surrounding property owners within 150' from CL of the pipeline corridor. 300' total notice corridor. Please find excel document labeled 'St Frain to Latham 300' Notice Area' attached to this email. 8. Submit a list of all the crossing and whether bore vs cut: a. right-of-way crossings. Please see excel document labeled `St Efrain to Latham Crossing List'. a. Utility crossings b. Ditch/river crossings 9. Show and label additional significant manmade structures, easements and pipelines that cross the pipeline on the map set. The map set has been updated to reflect these requirements. 10. Detail above ground appurtenances? Any pig launchers, receivers, valves meter sheds? All of the aforementioned above ground appurtenances will be at this location. These above ground appurtenances at Latham & Hambert are located inside the fence and at St. Efrain, are located just outside the fence on Kerr McGee property. 11. What is the plan for Flood Hazard Development Permits submittal for the floodplains of the St Vrain River and South Platte River? Contact Diana Aungst for additional information. Flood Hazard Development Permits will be applied for through Weld County. No construction will begin in a floodplain until a permit is acquired. 12. Submit a copy of the Stormwater discharge permit issued by the CDPHE. Please see the Stormwater Discharge Permits. 13. Submit the Cultural Resources Survey. Please see the Cultural Resources Survey. 14. The application fee of $2,500. The application fee of $2,500 will be charged to AFE 2137248. 15. Will an APEN be applied for? Per Weld County Code, an APEN is not required for a Pipeline IUSR, 16. How many acres will be disturbed? The construction easement is 25' on either side of a 75' permanent easement. All disturbed land will be reclaimed back to its original state. Grading Permits are not required for the construction of pipelines. Kerr! Gee Kerr-McGee Gathering, LLC A subsidiary of Anadarko Petroleum Corporation 1099 18th Street Denver, CO 80202 (720) 929-6000 Should you have any questions or need additional information regarding this matter please do not hesitate to contact me at 720-929-3167. Warm Regards, Kerr-McGee Gathering, LLC S Samantha Petite Municipal Planning Analyst Enclosures: Updated USR Drawings Stormwater Discharge Permits Cultural Resources Survey ROW Grants 1. Use by Special Review Questionnaire 1.1 DESCRIPTION OF PROPOSED USE OF THE PROPERTY. s USR application is referred to as the Kerr-McGee Gathering, LLC (KMGG) 24" High -Pressure Natural Gas Pipeline. Kerr-McGec/Anadarko operate approximately 5 000 wells within the Denver- Julesberg (Di) Basin with the vast majority being located in Weld County, Colorado. All of these wells produce varying • ounts of natural gas and oil that need to be routed through numerous miles of pipeline and through a number of compressor stations in Weld County. The oil and gas pipelines in Weld County move product from wells to compressor stations, and then to processing plans. This application specifically addresses the need for a new high pressure gas pipeline in Township 3 North, and Ranges 66 and 67 West. It will connect the existing St. Vra;n Compressor Station (USR 14-0013) and the approved Latham Processing Plant (18-0019) and will continue on to the existing Hambert Compressor Station(AmUSR-355). The proposed pipeline will be a 24 -inch line and will start in the north half of Section 15 moving north into Section 10 and cast into sections 11, 12, 7, 8, 9, and 10 and then • o i g north and ending in the Northwest corner of Section 2 at the Latham Processing Plant. The line will continue into Section 1 and end in Section 36 of Township 4 North Range 66 West. The total length of the line is approximately eight miles in Weld County. Kerr-McGee has submitted the preferred route for review and approval. Alternate routes were not an option for this project since Kerr-McGee had existing pipeline corridors provided for in negotiated agreements that allowed for multiple lines. 1.2 EXPLAIN HOW THIS PROPOSAL IS CONSISTENT WITH THE INTENT OF THE WELD COUNTY COMPREHENSIVE PLAN. The Weld County Comprehensive Plan addresses goals and policies for agriculturally zoned properties, oil and gas deposits, as wells as environmental pollutants that oil and gas operations may omit. The Oil and Gas Deposits Section of the Comprehensive Plan (Sec. 22-5-90) states, "The most efficient and environmentally friendly way to transport crude oil is by pipeline, rather than by truck." Transportation of product by pipeline also has less impact to County roads. The reduction of truck traffic also increases air quality in the area, another benefit derived from increased pipeline infrastructure. Furthermore, Oil and Gas Policy 2.8 states "Oil and gas activities should be planned to accommodate current and future subdivision activities to the extent such development can reasonable be anticipated." The proposed pipeline meets the above referenced goals and is consistent with policies of the Weld County Comprehensive Plan. 1.3 EXPLAIN HOW THIS PROPOSAL IS CONSISTENT WITH THE INTENT OF THE WELD COUNTY CODE, CHAPTER 23 (ZONING) AND THE ZONE DISTRICT IN WHICH IT IS LOCATED. Oil and gas facilities are allowed as a use by right in the A (Agricultural) Zone District. All properties included in this proposed alignment are zoned Agriculture and such zoning allows oil and gas support and service operations such as pipelines. However, the code does require to be permitted as a Site Specific Development Plan and will require the approval of a Use by Special Review pe: i 't. Any i ' pacts to actively cultivated land by the project will be temporary, and agricultural operations can return once the pipelines are operational. 1 All standards outlined in Sec. 23-2-400► of the Weld County Code will also be met. The design and routing of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible. This is the preferred route due to economic feasibility, constructability, environmental sensitivity, and landowner preferences including route access. Private easements have been negotiated with private land owners, whereas alternative alignments would require new easements to be negotiated and involve crossings that may result in greater environmental impacts in certain locations. Kerr-McGee has also strived to ensure that the route will not have an adverse effect on future development by working with the Engineering Division of Weld County Public Works. The Conditions of Approval and Development Standards will also ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will be implemented (through the grading permit process) for all construction areas, including erosion control methods, dust suppression, Kerr McGee has also proposed a number of measures to mitigate impacts from the pipeline including the boring beneath County roads to avoid damage to the road surface or disruption to traffic flow; tracking pads will be utilized where heavy equipment is required to cross roads to prevent damage to the road surface; topsoil will be segregated from subsoil during grading activities. Once the pipeline is installed in the trench, subsoil will be backfilled into the trench. The segregated topsoil will be placed atop the subsoil, and the right-of-way will be graded to preconstruction contours. A Colorado Department of Public Health and Environmental (CDPHE) Construction Stormwater Permit will also be obtained. The permit requires the development of a SWMP. Kerr McGee has developed the Storm eater Management Plan [SWMP] to provide mitigation measures to be followed during construction and operation of the pipeline; and the impacted area will be stabilized by reseeding and if necessary, installing permanent erosion controls as quickly as possible following final grading. .4 WHAT TYPES OF USES SURROUND THIS SITE? EXPLAIN HOW THE PROPOSED USE IS CONSISTENT AND COMPATIBLE WITH SURROUNDING LAND USES. The pipeline route is located in unincorporated Weld County in an Agricultural Zone District containing rural residential development, production agriculture, and rangelands. The project is consistent with and compatible with the surrounding land uses as a use allowed by right under Weld County Code Section 23-3-20. .5 DESCRIBE, IN DETAIL, THE FOLLOWING: How many people will use this site? There will be no employees on site along the gas line corridor. The gas line route is visited by a Kerr-McGee employee on a regular basis. Given the very limited amount of employee time an employee is around the gas line it is suggested that there is no need for permanent water and sewer service needs. Personnel can utilize these services at their typical facilities and office locations. How many employees are proposed to be employed at this site? There are no full time employees to be located along the gas line route. The ROW may be periodically driven by one or two employees for regular inspection and/or maintenance. Pigging equipment at the ends of the lines may be visited on a regular basis to launch and receive cleaners. This equipment will typically be located inside our facilities, however if outside, will be fenced for security. 2 What are the hours of operation? The pipeline will carry gas 24 hours a day 7 days a week based on demand. Trucks usually will only travel along the route during the hours of 6am-5pm unless there is an emergency. What type and how may► structures will be erected (built) on this site? There will be no permanent structures built on site, unless pig launchers are required. What type and how many animals, if any, will be on site? There will not be any animals on site. What kind (type, size, weight) of vehicles will access this site and how often? Kerr-McGcc/Anadarko employee will visit the pipelines on a regular basis in a company pick-up truck. In emergency situations, larger equipment may be utilized. Who will provide fire protection to this site? The Platteville-Gilcrest Protection District or the La Salle Fire Protection District would be dispatched in the unlikely event of an incident along the pipeline route. The project will not have a water source; therefore, water or other fire retardants would be transported to the ROW if necessary. Kerr-McGee's emergency response team will be the first line of response for emergency situations and will coordinate with local responders as appropriate. What is the water source on the property (both domestic and irrigation)? There is no need for a water source along the pipeline route. Bottled water shall be utilized for drinking during the construction of the proj ect. What is the sewage disposal system on the property (existing and proposed)? There will be no need for a permanent sewage disposal system. Employees will also have access to use a port -o -let that will be on -site during the construction period. If storage or warehousing is proposed, what type of items will be stored? This project will not require storage or warehousing. 1.6 EXPLAIN THE PROPOSED LANDSCAPING FOR THE SITE. THE LANDSCAPING SHALL BE SEPARATELY SUBMITTED AS A LANDSCAPE PLAN MAP AS PART OF THE APPLICATION SUBMITTAL. There is no screening or additional landscaping proposed with this application. Per separate agreement the pipeline corridor is to be kept free of materials that may create an obstruction. The entire pipeline will be underground with the exception of valves locations. Pipeline routes will be returned to natural state when the project is complete. 1.7 EXPLAIN ANY PROPOSED RECLAMATION PROCEDURES WHEN TERMINATION OF THE USE BY SPECIAL REVIEW ACTIVITY OCCURS. Upon successful completion of construction, disturbed areas maybe crimped and seeded with native grasses to encourage vegetation growth, soil stabilization and prevent erosion. Provisions for crop damage on agricultural land and/or remedies for soil erosion problems have been or will be addressed with individual landowners. 3 1.8 EXPLAIN HOW THE STORM WATER DRAINAGE WILL BE HANDLED ON THE SITE. Kerr-McGee's construction activities are covered by a Colorado Department of Public Health and Environment Stormwater Discharge Permit. Anadarko/KMGG will adhere to all Colorado Deptartment of Public Health and Environment's rules and regulations in regards to storm water di s charge. The route is relatively flat. Negligible increase of storm water runoff will be associated with the proposed pipeline construction activities. However, storm water controls (BMPs) will be implemented along the entire project disturbance area to minimize erosion and water runoff. Anadarko utilizes a third- party contractor to conduct the permit -mandated lMP inspections.. Historical surface flow patterns and amounts shall be maintained at each site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm water run-off 1.9 EXPLAIN HOW LONG IT WILL TAKE TO CONSTRUCT THIS SITE AND WHEN CONSTRUCTION AND LANDSCAPING IS SCHEDULED TO BEGIN. Kerr-McGee will have the pipeline completed by February 1, 2019. '1.10 WASTE There will be no waste stored associated with this project. 2. Weld County Access Permit Kerr-McGee is aware that there are Weld County requirements for access permits for county roads. Kerr-McGee and/or its contractor will obtain, if necessary, the appropriate access permits and will be submitted for review. 3. Weld County Water Supply and Sewer Disposal Due to the nature of this facility being one natural gas pipeline an approximate total of 8 mile stretch, there is no need for a source of water or a sewer system of any type. The portable toilets on site are provided by and service by Waste management. Waste Management 2400 West Union Ave Englewood, CO 80010 (303) 482-6406 4 4. Emergency Response Information Due to the nature of this facility being a gas pipeline for an approximate total of 6 mile stretch, any emergency along the line will necessitate Kerr-McGee personnel to respond to the line and resolve with our company standard protocol. Kerr-McGee has trained personnel available 24/7 to respond to incidents and engage local officials as appropriate. Kerr-McGee/Anadarko's Central Data Center provides 24/7 monitoring and emergency response that number is 1-86&504-8184. In any case the following personnel at Anadarko can be reached if necessary: Charles R. Chase —Sr. EH&S Representative 1099 18th Street, Suite 1800 Denver, CO 80202 (720) 929-3721 (307) 399-3911 — Mobile Rick Morrish — Staff EH& S Representative 501 North Division Boulevard Platteville, CO 80651 (970) 515-1157 (720) 759-9707 - Mobile 5. Preliminary Drainage and Tray is Narrative Not applicable. This project does not warrant a need for either a drainage study or a traffic study. No drainage patterns will be altered and once construction of the pipeline is done there will be relatively few vehicles on the nearby roads. Any additional traffic resulting from construction of the pipeline will be minor and temporary. There will be 18 wheelers dropping pipe off as well as vehicles from workers. The pipe will be dropped off in segments and lowered by construction equipment. There will be roughly the same amount of traffic each day during construction and will be during normal business hours. Kerr-McGee will apply for all permits for roads crossed by the project. 6. Waste Handling Plan No wastes are expected to be generated on site. No chemicals will be stored on site. The project is for one subsurface pipeline. No vehicles or equipment will be washed along the route during or construction. During construction, if any liquid or solid wastes are needed, they will be stored or removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of waste shall be permitted. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. Regarding a motor vehicle oil leak (potentially during construction), Anadarko's standard operating procedures are to dig up the contaminated soil and ship it to the Ault Waste Management facility. Anadarko then tests and analyzes the remaining soil to be sure it is clear of all containments. Once that is completed, Anadarko back fills the previously contaminated area with clean fill. 5 7. Dust Abatement Plan During the construction phase of the pipeline project, Anadarko and its contractors utilize water trucks to maintain dust suppression . .a d fugitive particulate emissions. Also, the Storm Water Management Plan will be followed to mitigate soil erosion during the construction phase. After construction is completed, each property will be stabilized using appropriate native vegetation, which will not be allowed to grow over 12" high. Additionally, Anadarko will gravel any access drive affected with the same material in its existing condition. In addition, a water truck will be utilized to control dust after the construction, if required. 8. Flood Hazard and Geologic Hazard Permit A Geologic Hazard Development Permit is not applicable with this project. Flood Hazard Permits have been applied for and will be provided upon issuance. 9. Fire and Emergency Response There is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the country. All roads will be designed and maintained to support fire apparatus. A turnaround may be constructed as necessary to accommodate fire apparatus. Anadarko has support personnel in the field or on call at all times to provide technical assistance in fire prevention and elimination. Kerr McGee/Anadarko's Central Data Center in Evans monitors our pipelines the 24/7 telephone number is 1-866-504-8184. 10. Required Permits • A Use by Special Review Permit is required to be approved by the Board of County Commissioners prior to construction of the facility. • Kerr-McGee/Anadarko will submit any additional permits necessary for county approval. Weld County ROW Permits will be requiredfor installation in Weld County ROW and will be applied for prior to construction in any Weld County ROW. This includes road crossings and borings. • Signing and Traffic Control are required with construction of this pipeline. • If necessary, oversize load permits will be obtained prior to moving any new equipment onto the site. • The Site Plan and Special Review Use Application will be referred to and reviewed by the Platteville-Gilcrest Fire Protection District and the La Salle Fire Protection District. 6 11. Notification Requirements In accordance with Section 23-2-260 (B) (9) of the Weld County Code a list of the names and addresses of the owners of property within 500 feet of the subject property is included in this application. 11.1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE AND ►SURFACE OWNERS LIST A signed Affidavit of Interested Land Owners is also included in the Appendix of this application. Notice will be in the County Newspaper of Record and signs will be posted at each County road right-of-way. 7 IfeirAee" Kerr-McGee Gathering LLC A subsidiary of Anadarko Petroleum Corporation 1099 18th Street Suite 1800 Denver, CO 80202 St. Vrain the Latham/Hambert 24" - High Pressure Natural Gas Pipeline Decommissioning Plan In the event operations cease at the referenced locations and/or the pipeline is no longer in use, Kerr McGee Gathering will remove the pipeline including all supporting equipment and components. Where possible, materials will be reused or recycled. Where required, waste materials for disposal will be removed by a licensed contractor and transported to a disposal site. KMGG will comply with all Local, State, and Federal regulations concerning applicable permits and site restoration. If you have any questions, please contact Samantha petite, Regulatory Analyst, Anadarko Petroleum Corporation at 720-929-3167 or Samantha.Petite@anadarko.com Kerr? Gee Kerr-McGee Gathering An Anadarko Company 1099 18th Street Suite 1800 Denver, Colorado 80202 St to Latham -Hambert24" HP Gas Pipeline Emergency Action Plan September 2018 St. Vrain to Latham-Hambert 24" HP Natural Gas Pipeline Emergency Action Plan T3N R67W - Sec 15,10,11, and 12 & T3N R66W — Sec 7,8,9,10, 3 and 2 Weld County, Colorado 1. Name: Kerr-McGee Gathering, LLC, An Anadarko Company 2. Scope: Kerr-McGee Gathering (KMGG) has prepared this Emergency Action Plan. The plan has been put together to address potential emergency response issues associated with the construction and operation of a 24" natural gas pipeline. KMGG plans to construct this pipeline in December of 2017. 3. LocationSt. Frain to Latham-Hambert 24" HP Natural Gas Pipeline. The pipeline will be approximately eight miles long and will run will be in Sections 15, 10, 11, 12, of Township 3 North, Range 67 West & Sections 7, 8, 9, 10, 3, 2 of Township 3 North, Range 66 West., in Weld County. 4. Regulatory Requirements: The Plan has been prepared to comply with the land use regulations of Weld County. In addition, the pipeline will be constructed and operate in accordance with regulations developed by the Pipeline and Hazardous Materials Safety Administration (PWMSA) and the Colorado Public Utilities Commission. Emergency Contact List: KMGG invests significant time and capital constructing and maintai 'ng the quality and integrity of our pipeline systems. We construct our pipelines to the highest federal standards, regardless of classification. We utilize cathodic protection to protect the pipelines from external corrosion, pressure relief devices to protect from over pressurization and pressure test each line prior to start-up to ensure the integrity of the pipe, welds and appurtenances. Ongo' a g maintenance of our pipelines, such as patrolling, leak surveys, valves maintenance and checking of and maintenance of cathodic protection systems help maintain the integrity of our pipelines. However, in the event of fire, injury, spill or release of hazardous materials, or any other incid requiring and emergency response, the following contacts will be made. Incident Contact I I Phone Number Comments Fire, explosion, serious injury Platteville-Gilcrest Fire District Protection 911 or 970-785-2232 or 970-737-2966 Platteville Police 911 or Department (970)785-2215 I COGCC (303) 894-2100 Reporting required for spills Platteville-Gil Fire Protection crest 911 970-785-2232 or or impacting p reportable surface water quantity spills or of for r District 970-737-2966 CERCLA hazardous substances. La Salle Fire 911 or Protection District 970-284-6336 La Salle Police 911 or Department 970-284-5541 St. Vrain to Latham -Harbert 24" HP Natural Gas Pipeline Emergency Action Plan T3N R6IW - Sec 15,10,11, and 12 & T3N R66W Sec 7,8,9,10, 3 and 2 Weld County, Colorado Colorado Department of Public Health and Environment U S EPA N ational Response Center Clean Harbors (800) 886-7689 (800) 227-8917 (800) 424-8802 (406) 370-6595 • • Reporting required for spills impacting surface water or for reportable quantity spills of CERCLA hazardous substances. Reporting required for spills impacting surface water or for reportable quantity spills of CERCLA hazardous substances. Reporting required for spills impacting surface water or for reportable quantity spills of CERCLA hazardous substances. A commercial spill clean-up and response contractor Due to the nature of this being a midstream facility, any emergency will necessitate Kerr-McGee personnel to respond to the issue and resolve with our standard company protocol. Kerr-McGee has trained personnel available 24/7 to respond to incidents and engage local officials as appropriate. Kerr- McGee/Anadarko's Integrated Operations Center provides 24/7 monitoring and emergency response that number is 1-866-504-8184. In any case the following personnel at Anadarko can be reached if necessary: Paul Schneider HSE Manager 1099 18th St, Suite 600 Denver, Co 80202 (720) 929-6726 office (303) 868-6665 mobile Patrice Barnett — HSE Representative II 501 N. Division Blvd Platteville, CO 80651 (970) 515-1332 office (720) 325-3429 mobile Jeff Jones — Sr. Staff EHS Representative 501 N. Division Blvd Platteville, Co 80651 970-515-1421 office 307-262-2899 mobile 5. Emergency Response: Emergency response is taken very seriously. To prepare for the unlikely event of an emergency, annually KMGG communicates and plans with local emergency responders. Upon the notification of an incident or leak, KMGG will immediately dispatch trained personnel to work with emergency responders. All KMGG vehicles are equipped with GPS tracking devices so the operators in the Integrated Operations Center can sec at a glance which operator is closest to a potential problem area and dispatch them immediately. There are operators St. Vrain to Latham-Hambert 24" HP Natural Gas Pipeline Emergency Action Plan T3N R67W - Sec 15,10,11, and 12 & T3N R66W — Sec 7,8,9,10, 3 and 2 Weld County, Colorado in the field round the clock so 1CMGQ personnel are present and avail able to respond to emergencies at all times. Emergencies are rare, but should one occur, protection of the public is the KMGGt s first priority. Operators are extensively trained to respond to an emergency appropriately to restore safe conditions for the public and to minimize impacts to the environment. KMGG distributes pipeline information to everyone within 220 yards of our pipelines annually. This information helps the general public know about pipelines, know how to report a pipeline emergency and most importantly to know to call 811 prior to any digging in the area. Line strikes are the leading cause of pipeline incidents. We invite all excavators in the counties in which we operate to an annual meeting to discuss the importance of getting locates on all below ground lines before any construction begins. We are a member of Colorado 811, "One Call System" and proactively encourage its use at all times. Internally, we have a "Red Zone" checklist which requires both our construction supervisor and the contractor working for us to visually clear the area where excavation will be taking place. Where lines are found or suspected, to hydrovac these areas to expose underground utilities. This has dramatically reduced the number of line strikes in the County. Many of our pipelines fall under the regulatory jurisdiction of PHMSA or the Colorado Public Utilities Commission. We are inspected by these agencies regularly for compliance with their construction, maintenance, notification and general safety rules. During these inspections, we sit down with the regulator and review all of our construction and maintenance records. We report. information such as pipe diameter, installation year, leaks and integrity information on our regulated pipelines annually. St. Vrain to Latham-Hambert 24' HP Natural Gas Pipeline Emergency Action Plan T3N R6IW - Sec 15,10,11, and 12 & T3N R66W Sec 7,8,9,10, 3 and 2 Weld County, Colorado St. Vrain to Windsor 24" HP Natural Gas Pipeline Emergency Action Plan T4N, R68W - Sec 30, 19, 20, and 17 Weld County, Colorado Cultural Resource Inventory for the St. Vrain to Latham- Hambert Pipeline Project, Weld County, Colorado August 2018 Prepared for: Anadarko Petroleum Corporation 1099 18th Street, Suite 1800 Denver, CO 80202 Prepared by: Tetra Tech, Inc. 350 Indiana Street, Suite 500 Golden, Colorado 80401 Cultural Resource Inventory for the St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado By: Stephen R. Anderson, RPA Prepared for: Anadarko Petroleum Corporation 1099 18th Street, Suite 1800 Denver, CO 80202 Prepared by: Tetra Tech, Inc. 350 Indiana Street, Suite 500 Golden, CO 80401 Colorado State Archaeological Permit No. 73895 August 2018 FOR OFFICIAL USE ONLY: Disclosure of site locations prohibited (43 CFR 7.18) Information contained in this report is confidential and access to this information is restricted by the National Historic Preservation Act of 1966 (as amended), the Archaeological Resources Protection Act of 1979 (as amended), and Colorado Revised Statutes 24-72-203(1) and 24-80-405(2). St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado Abstract This report is a summary of the cultural resource survey conducted from August 7 through August 10, 2018 by Tetra Tech, Inc. (Tetra Tech) in support of the Anadarko St. Vrain to Latham-Hambert Pipeline Project (the Project). This report is based on the geographic information system data provided by Anadarko Petroleum Corporation on July 19, 2018. Tetra Tech conducted a cultural research desktop study on July 20, 2018 and an intensive -level cultural resource pedestrian survey of the Project corridor between August 7 through 10, 2018. The Project does not require federal or state funding or federal or state permitting, therefore the Project is not subject to the N ational Historic Preservation Act Section 106 process. However, the Project occurs within Weld County and requires a Use by Special Review Application and a cultural resource investigation is required under Colorado Revised Statues 24-80-401 through 411. An intensive -level pedestrian survey was conducted for the entire Project. The pedestrian survey included approximately 12.20 linear miles (441.15 acres) along a 300 -foot -wide corridor centered along the pipeline alignment in Weld County, Colorado. The survey was conducted on behalf of Anadarko Petroleum Corporation prior to Project construction. The surveyed areas consisted of privately -owned lands subject to Use by Special Review Application permit. The cultural resources research study included a site file search of the Colorado Office of Archaeology and Historic Preservation records, U .S. Bureau of Land Management General Land Office plats and historical maps, and a search of the N ational Register of Historic Places properties within 1 mile of the Project's pipeline alignment in Weld County. The pedestrian survey was conducted in portions of the following quadrangles: • Sections 10-12, and 15, Township 3N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Gowanda (1979) and Platteville (1969) quadrangles. • Sections 1-3, 7-10, Township 3N, Range 66W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Platteville (1969), Milliken (1975), and LaSalle (1988) quadrangles. • Section 36, Township 4N, Range 66W, Principal Meridian 6, on the U.S. Geological Survey 7.5' LaSalle (1988) quadrangle. One new and four previously recorded cultural resources were identified and recorded as a result of the pedestrian survey. The one new cultural resource consists of a segment of the Beeman Ditch (5WL.2206.1 Q). The previously recorded cultural resources consist of a segment of the Platte Valley Canal (5W L.2188.5), a segment of the Farmers Independent Ditch (5WL.2589.2), a segment of the Union Pacific Railroad LaSalle -Denver Mainline (5WL.1969.34) and a segment of the Hewes -Cook or Western Mutual Ditch (5WL.2750.1 ). One cultural resource (5WL.2280) was once recorded in the area of potential effect as an isolated feature in 1996 but was not located during this survey and is presumed destroyed. Cultural Resource Inventory St. Frain to Latham -Humbert Pipeline Project Weld County, Colorado This page intentionally left blank. ii Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado Contents Page Ab►stract. 1. Introduction 1-1 2. Environmental Setting 2-1 2.1 Physiography and Hydrology ..2-1 2.2 Climate 2-1 2.3 Geology and Geomorphology ..2-2 2.4 Biotic Setting 2-2 2.4.1 Flora ............2-2 2.4.2 Fauna ..2-3 Cultural -Historical Context.3-1 3.1 Prehistoric Narrative...........................3-1 3.1.1 Paleoindian Stage 3-1 3.1.2 Archaic Stage 3-2 3.1.3 Late Prehistoric Stage ..3-4 3.1.4 Protohistoric Stage 3-4 3.2 Historic Narrative ..3-5 3.2.1 Early Exploration and Conquest 3-5 3.2.2 Trails and Transportation ..............3-6 3.2.3 Homesteading and Agricultural Settlement ..3-6 3.2.4 Irrigation Ditches along the Northern Front Range 3-7 4. Statement of Objectives 4-1 4.1 Expected Results 4-1 5. Methodology.5-3 5.1 Desktop Research Methods 5-3 5.2 Field Methods 5-3 5.3 Site Evaluation Criteria ..5-3 6. Results 6-1 6.1 Desktop Research ..6-1 6.2 New Cultural Resources Recorded During the Pedestrian Survey 6-3 6.2.1 Site 5WL.2206.1O Beeman Ditch .. 6-3 6.3 Previously Recorded Cultural Resources Recorded During the Pedestrian Survey 6-5 6.3.1 Site 5WL.1969.34 Union Pacific Railroad, LaSalle -Denver Mainline .. 6-5 6.3.2 Site 5WL.2136.5 Platte Valley Canal ..6-6 6.3.3 Site 5WL.2539.2 Farmers Independent Ditch 6-7 6.3.4 Site 5WL.275O.1 Hewes -Cook Ditch or Western Mutual Ditch 6-10 Cultural Resource Inventory iii St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado 7. Recommendations 7-1 8. References Cited 8-1 Tables Table 1-1: Cultural Resource Survey Areas v Table 1-2: Newly Recorded Site Information .... vi Table 6-1: Previously Conducted Surveys within the Research Area. 6-1 Table 6-2: Previously Recorded Cultural Resources within the Research Area. 6-2 Table 6-3: Potential Cultural Resources Depicted on GLO Plats within the Research Area 6-3 Figures Figure 1-1: USGS Topographic Map of the APE ..1-2 Figure 1-2: USGS Aerial Imagery Map of the APE 1-3 Figure 6-1. Overview of the Beeman Ditch (5WL.2606.10). View looking west. 6-4 Figure 6-2. Overview of the Beeman Ditch (5WL.2606.10). View looking south6-4 Figure 6-3. Overview of the Union Pacific LaSalle -Denver Mainline (5WL.1969.34). View looking north6-5 Figure 6-4. Overview of the eastern portion of the Platte Valley Canal (5WL.2188.5). View looking south6-6 Figure 6-5. Overview of the middle portion of the Platte Valley Canal (5WL.2188.5). View looking north. 6-7 Figure 6-6. Overview of the Farmers Independent Ditch (5WL.2589.2). View looking north. 6-8 Figure 6-7. Overview of the Farmers Independent Ditch (5WL.2589.2). View looking south. 6-9 Figure 6-8. Overview of the Hewes -Cook Ditch or Western Mutual Ditch (5WL.2750.1). View looking south6-10 iv Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado Table 1-1: Cultural Resource Survey Areas Colorado Office of Archaeology and Historic Preservation Cultural Resource Survey Management Information Please complete this form and attach a copy behind the Table of Contents of each survey report. Acres of Potential Effect/Project: _441.15 Acres Surveyed: -441.15 Legal Location of Project (add additional pages if necessary) Principal Median: 6th Quad. map date(s): 1979, 1969, 1975, 1988 Quad Map(s) Names: Gowanda, Platteville, Milliken, and LaSalle quadrangles Township 3N Range: 67W Sec..: 10 114s N SE Township 3N Range: 67W Sec.: 10 1/4s N SW Township 3N Range: 67W Sec.: 10 1/4s E SW Township 3N Range: 67W Sec.: 11 114s N SE Township 3N Range: 67W Sec.: 11 1/4s N SW Township 3N Range: 67W Sec.: 12 1/4s N SE Township 3N Range: 67W Sec.: 12 114s N SW Township 3N Range: 67W Sec.: 15 114s N NW Township 3N Range: 67W Sec.: 15 1/4s E NW Township 3N Range: 66W Sec.: 1 1/4s N NW Township 3N Range: 66W Sec.: 1 114s N NW NE Township 3N Range: 66W Sec.: 2 1/4s W SW Township 3N Range: 66W Sec.: 2 1/4s N SW Township 3N Range: 66W Sec.: 2 1/4s N SE Township 3N Range: 66W Sec.: 2 114s E NE Township 3N Range: 66W Sec.: 3 114s S SE SE Township 3N Range: 66W Sec.: 7 1/4s N SE Township 3N Range: 66W Sec.: 7 114s N SW Township 3N Range: 66W Sec.: 8 114s N SE Township 3N Range: 66W Sec.: 8 114s N SW Township 3N Range: 66W Sec.: 9 1/4s N SE Township 3N Range: 66W Sec.: 9 114s N SW Township 3N Range: 66W Sec.: 10 1/4s N SW Township 3N Range: 66W Sec..: 10 1/4s N NW SE Township 3N Range: 66W Sec..: 10 1/4s E SE NE Township 3N Range: 66W Sec.: 10 1/4s E NE NE Township 4N Range: 66W Sec.: 36 114s W SE SE Township 4N Range: 66W Sec.: 36 1/4s W NE SE Cultural Resource Inventory v St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Table 1-2: Newly Recorded Site Information Smithsonian Number Resource Type Eligibility Recommendation Prehistoric Historic Paleonto logical Multi component Not Eligible Need Data Contributes to National Reg ister District No Further Action Monitor Excavate a) '0 .o .ct 1- w 5WL.2206.10 X X X 5WL.1969.34 X X X 5WL.2188.5 X X X 5WL.2589.2 X X X 5WL.2750.1 X X X Total Sites: 0 5 0 0 2 2 0 0 2 3 0 0 0 The Project Areas surveyed Principal Quad. Name Area = 441.15 = 441.15 Meridian, Township, and date(s): acres acres Gowanda Range, Sections - (1979), Platteville 6th PM: Sections 7-9, AND (1969), Milliken (1975), 16, Township 1N, Range and LaSalle (1988) quadrangles 67W; Principal Investigator Name: Stephen R. Anderson, RPA Principal Investigator's Signature: vi Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 1. Introduction This report is a summary of the cultural resource survey conducted from August 7 through August 10, 2018 by Tetra Tech, Inc. (Tetra Tech) in support of the Anadarko St. Vrain to Latham-Hambert Pipeline Project (the Project). This report is based on the geographic information system (GIS) data provided by Anadarko Petroleum Corporation (Anadarko) on July 19, 2018. Tetra Tech conducted a cultural research desktop study on July 20, 2018 and an intensive -level cultural resource pedestrian survey of the Project corridor between August 7 through 10, 2018. The Project does not require federal or state funding or federal or state permitting, therefore the Project is not subject to the National Historic Preservation Act Section 106 process. However, the Project occurs within Weld County and requires a Use by Special Review (USR) Application and a cultural resource investigation is required under Colorado Revised Statues 24-80-401 through 411. An intensive -level pedestrian survey was conducted for the entire Project. The pedestrian survey included approximately 12.20 linear miles (441.15 acres) along a 300 -foot -wide corridor centered along the pipeline alignment in Weld County, Colorado (Figures 1-1 and 1-2). The survey was conducted on behalf of Anadarko prior to Project construction. The surveyed areas consisted of privately -owned lands subject to USR Application permit. The cultural resources research study included a site file search of the Colorado Office of Archaeology and Historic Preservation (GAHP) records, U.S. Bureau of Land Management General Land Office (G LO) plats and historical maps, and a search of the National Register of Historic Places (NRHP) properties within 1 mile of the Project's pipeline alignment in Weld County. The pedestrian survey was conducted in portions of the following quadrangles: • Sections 10-12, and 15, Township 3N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Gowanda (1979) and Platteville (1969) quadrangles. • Sections 1-3, 7-10, Township 3N, Range 66W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Platteville (1969), Milliken (1975), and LaSalle (1988) quadrangles. • Section 36, Township 4N, Range 66W, Principal Meridian 6, on the U.S. Geological Survey 7.5' LaSalle (1988) quadrangle. The work was conducted under Tetra Tech's state of Colorado archaeological permit number 73895. Stephen Anderson was the Principal Investigator for the Project and conducted the pre -survey site file search and literature review. The pedestrian survey was conducted by Matthew Neff, RPA, Jonathan Anderson, and Rachel Chanell. an e l l . Stephen Anderson authored this report and Mitchell Fyock created the maps and processed the G I S data. One new and four previously recorded cultural resources were identified and recorded as a result of the pedestrian survey. The one new cultural resource consists of a segment of the Beeman Ditch (5WL.2206.1 Q). The previously recorded cultural resources consist of a segment of the Platte Valley Canal (5WL.2188.5), a segment of the Farmers Independent Ditch (5WL.2589.2), a segment of the Union Pacific Railroad LaSalle -Denver Mainline (5WL.1969.34) and a segment of the Hewes -Cook or Western Mutual Ditch (5WL.2750.1). One cultural resource (5WL.2280) was once recorded in the area of potential effect (APE) as an isolated feature in 1996 but was not located during this survey and is presumed destroyed. Cultural Resource Inventory 1-1 St. Frain to Latham -Humbert Pipeline Project Weld County, Colorado LV ti ikard t Cahn§town ST. \IRA'I IN TO LATH AM PIPELINE PROJECT WELD 03U FITY, COLORADO AUGUST, 2015 4—d TFTFt L TFCH Fraj Ec L Features Boundaries I I Area of Po r r E kci P'ts3 Tow ns ip PLSS Sealare Tran spartati fl triaNstar Highway Sit Highway LAGS 7, m Quadrangle , H. S HATay Counties Sonia tapir Creeds. Cep ghtt IC!! Maur.! Creasy +c Somatic ictin.+t Saurian Mr_ USGS. NCt A_. Saurian_ tan Grain WIGS. WS Fyn _7t• i_nt _}ID LaL 1rr ilk: 1L Project ocat kin 0— Figure 1-1: USGS Topographic Map of the APE 1-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado U 1 CI 0.5 I Kilometers 2 3 4 Miles STr VRAIN TO LATH AM PIPELIN E PROJECT WELLB COUNTY, COLORADO AU G UST, 201S TFTPIATFCH Project Feature iI RIiu. radar es Area a i Potnt a I E FedI PLSS Tow r��s i ip PISS Section Tran spp artati•e n Ir•trtain Higimay Si E klghway US GS ilarn Qu thrarr f u.5. H Igh wa y *ri mde :Sarn+a !Japer Cnockr Srciznaa- tan .'-'SOS W4Calag.:.Siascaz.Srt.esarrnn_'J:SC:S. NAM. Smar>ca an_Mlaba tbta.Cilecries aarftaS,Gaecrac++ea. C!.anaricz7S J!Oa_USG S SureG.af- FGN one tin G?SUar_rrrintf iS'uadstil amid I CI Prcj [t Lc'cat r Figure 1-2: USGS Aerial Imagery Map of the APE Cultural Resource Inventory 1-3 St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 2. Environmental Setting 2.1 Physiography and Hydrology The Project is located east of the base of the foothills and west of the eastern plains of Colorado, within the Colorado Piedmont section of the Great Plains Physiographic Province (Osterkamp and Gustayson 1987). The Colorado Piedmont is an area adjacent to the Front Range of the Rocky Mountains, which extends 50 to 100 miles eastward from the foothills. The topography within this area is characterized by level plains and rolling hills incised by drainages. Major relief generally occurs at the edges of the drainages. The elevation along the Project ranges from 4,770 to 4,900 feet above mean sea level. The greatest changes in elevation within the Colorado Piedmont occur where the Platte River and its larger tributaries have cut through the deposits that form the Colorado Piedmont. The upper forks of the South Platte rise along the Continental Divide and in the mountains surrounding South Park in central Colorado. The forks flow generally to the northeast, converging in the foothills southwest of Denver to create the South Platte mainstream. The river descends the Front Range near Denver, flows through the city, and then follows a straight northerly course, traversing a lengthy segment of the Rocky Mountain Piedmont before heading east and exiting to the High Plains near Greeley. From Greeley, the river flows to the northeast, exiting Colorado in the northeastern corner of the state and converging with the North Platte River in west - central Nebraska. The Platte River continues on an easterly course across Nebraska, eventually joining the Missouri River near Omaha. The South Platte River in Colorado has an average daily flow of 1,000► cubic feet/second with occasional peak flows of 20,000 cubic feet/second (EPA 2001). The principal drainage within the Colorado Piedmont is the South Platte River which intersects the western portion of the Project. The other major drainage in proximity to the Project is the St. V rai n River. 2.2 Climate The climate of the Project area, as is typical of Colorado's eastern plains, is relatively uniform with low humidity, infrequent precipitation, moderate to high winds, and large daily and seasonal temperature fluctuations. Summers are generally hot and winters cold. Precipitation is generally low; much of the area experiences frequent droughts. However, summer thunderstorms can be intense, with as much as 4 inches of rain occurring in just a few hours. The Project Area's distance from major moisture sources (the Pacific Ocean and Gulf of Mexico) leads to low precipitation totals throughout the year. The rain shadow of the Rocky Mountains to the west limits the moisture derived from the dominant westerly wind movements, while winds from the north likewise carry► little moisture. Most precipitation occurs as a result of the movement of moisture -laden southerly winds from the Gulf of Mexico with accumulations generally concentrated in the mid/late spring and summer months (Doesken et al. 2003). At Longmont, Colorado, approximately 12.5 miles southwest of the western extent of the Project, an average of 13.3 inches of precipitation is received annually. Violent thunderstorms occur periodically throughout the warmer months of the year. The yearly precipitation is concentrated from April to October, with the minimum levels occurring in November through March (Weatherbase 2018). The main influence on temperature within the Project Area is the intensity of solar radiation, but periodic movements of warm and cold air masses are also important. As with precipitation the average daily Cultural Resource Inventory 2-1 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado temperature at the Project Area is relatively homogenous. At Longmont, the average annual temperature is 48 degrees Fahrenheit (° F) with an average high in July of 88° F and an average low in January of 11° F (Weatherbase 2018). 2.3 Geology and Geomorphology The major geologic features in the Project Area are the Front Range Uplift to the west and the Denver— Julesburg Basin to the east. The Denver—Julesburg Basin covers 60,000 square miles in northeastern Colorado, southeastern Wyoming, and western Nebraska (Volk 1972). This asymmetric basin contains 13,000 feet of sedimentary rocks along its axis, which trends from Denver to Torrington, Wyoming. The sedimentary deposits within the Denver-Julesburg Basin range in age from Paleozoic to recent. The Project overlies bedrock formations of Upper Cretaceous and Tertiary age, including the Pierre shale and Laramie formations. These formations consist of sedimentary rocks composed of sandstone, shale, and coal. The towns of Erie, Marshall, Dacono, and Superior, as well as the cities of Lafayette and Louisville, owe their origin to the mining of these formations coal deposits (Murphy 2007). 2.4 Biotic Setting 2.4.7 Flora Native vegetation communities in the Project Area include short- and mid -grass prairie as well as riparian/wetland zones. The short- and mid -grass prairies form the original vegetation communities throughout most of the Project Area. The dominant grass species in these areas generally consist of western wheatgrass (Pascopyrum smithii), crested wheatgrass (Agropyron eristatum), buffalograss (Bouteloua dactyloides), Kentucky bluegrass (Poa pratensis), blue grama grass (Bouteloua gracilis), switchgrass (Panicum virgatum), sixweeks fescue (Vulpia octoflora), needle -and -thread grass (Hesperostipa comata), squirreltail (Hordeum jubatum), and red three -awn (Aristida langiseta). Cheatgrass, (Bromus tectorum) a non-native species, is also common. The prevailing forbs are prairie clover (Dales spp.) and salsify (Tragopogon spp). Other forbs in the surrounding areas include common sunflower (Helianthus annuus), purple spiderwort (Tradescantia roses), spotted bee balm (Monarda punctata), scarlet globemallow (Sphaeralcea coccinea), Indian blanket (Gaillardia pulchella), tansy mustard (Descurainia pinnata brachycarpa), wine cup (Callirhoe involucrata), greenthread (Thelesperma spp.), and western ragweed (Ambrosia psilostachya). Prickly pear (Opuntia spp.) and pincushion cactus (Mammillaria spp. or Coryphantha spp.), as well as yucca (Yucca spp.), are also present (Mute) and Emerick 1992). In the riparian areas associated with the South Platte River tributaries, the dominant species is the plains cottonwood (Populus deltoids occidentalis), with lesser occurrences of peach -leaved willow (Salix amygdaloides). In association with these trees are shrubs of hawthorn (Crataegus spp.), American plum (Prunus americana), currant (Ribes spp.), snowberry (Symphoricarpos spp.), wild rose (Rosa spp.), and willows (Salix spp.). Grass species include saltgrass (Distichlis spicata) and sand dropseed (Sporobolus cryptandrus). In some areas, riparian communities have expanded because of introduced species that now include box elder (Acer negundo), American elm (Ulmus americana), Russian olive (Elaeagnus angustifolia), green ash (Fraxinus pennsylvanica), and Tamarisk or salt cedar (Tamarix spp.) (Mute) and Emerick 1992). 2-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 2.4.2 Fauna Wildlife species that may be present within the Project Area are typical of those found in the short- and mid - grass prairies and riparian zones of the Colorado plains. Big game species in this region include pronghorn antelope (Antilocapra americana), mule deer (Odocoileus hemionus), and white-tailed deer (Odocoileus virginianus). Pronghorn antelope inhabit grasslands and shrublands in flat to rolling topography, forage on shrubby plants, and band together in large herds during the winter months (Wood 1967). Abundant mule deer are also found in this region, but tend to reside among the shrublands along rough, broken terrain where forage and protective cover are plentiful. White-tailed deer tend to occupy riparian zones and nearby croplands where they feed on fortis, grasses, and cultivated crops (Fitzgerald et al. 1994). Small mammal species include desert cottontail (Sylvilagus audubonii), black -tailed jack rabbit (Lepus californicus), white- tailed jack rabbit (Lepus townsendii), black -tailed prairie dog (Cynomys ludovicianus), thirteen -lined ground squirrel (Ictidomys tridecemlineatus), plains pocket gopher (Geomys bursarius), plains pocket mouse (Perognathus flavescens), Preble's meadow jumping mouse (Zapus hudsonius preblei), beaver (Castor spp.), spotted skunk (Spilogale putorius), striped skunk (Mephitis sp.), porcupine (Erethizontidae spp.), raccoon (Procyon lotor), badger (Arctonyx spp.), coyote (Canis latrans), red fox (Vulpes vulpes), swift fox (Vulpes velox), and black -footed ferret (Mustela nigripes) (Burt and Grossenheider 1976). Bison were once abundant in this region, but they were exterminated in the late 19th century (Gilbert 1980:150). Waterfowl species commonly inhabit and/or use the lakes, ponds, and creeks in this region. These waterfowl species consist of northern shoveler (Anas clypeata), northern pintail (Anas acuta), green -winged teal (Anas carolinensis), mallard (Anas platyrhynchos), and Canada goose (Branta canadensis). Potential migrants and winter residents include ruddy duck (Oxyura jamaicensis), American widgeon (Arras americana), bufflehead (Bucephala albeola), and gadwall (Anas strepera). Upland game birds include the lesser prairie chicken (Tympanuchus pallidicinctus), sharp -tailed grouse (Tympanuchus phasianellus), scaled quail (Callipepla squamata), mourning dove (Zenaida macroura), ring-necked pheasant (Phasianus colchicus), northern bobwhite (Colinus virginianus), and Rio Grande turkey (Meleagris gallopavo intermedia) (Peterson 1990). Non -game birds in the region include raptors, wading and shore birds, and passerines. Raptors potentially occurring in the Project Area consist of bald eagle (Haliaeetus leucocephalus), golden eagle (Aquila chrysaetos), red-tailed hawk (Bute° jamaicensis), Swainson's hawk (Buteo swainsoni), ferruginous hawk (Buteo regalis), American kestrel (Falco sparverius), prairie falcon (Falco mexicanus), northern harrier (Circus cyaneus), and turkey vulture (Cathartes aura). Several species of owl, including burrowing owl (Athene cunicularia), barn owl (Tyto alba), great -horned owl (Bubo virginianus), and short -eared owl (Asio flammeus) are also prevalent in the region (Peterson 1990). Wading and shore birds are present along the major drainages and water bodies and consist of black -crowned night heron (Nycticorax sp.), great blue heron (Ardea herodias), killdeer (Charadrius vociferus), whooping crane (Grus americana), western snowy plover (Charadrius nivosus), piping plover (Charadrius melodus), mountain plover (Charadrius montanus), long -billed curlew (Numenius americanus), and least tern (Sternula antillarum). Significant passerine species include horned lark (Eremophila alpestris), lark bunting (Calamospiza melanocorys), meadowlark (Sturnella sp.), and various sparrows (Passer spp.) (Andrews and Righter 1992; Brown 1989a). Cultural Resource Inventory 2-3 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Common amphibian and reptile species in the region include tiger salamander (Ambystoma tigrinum), Woodhouse's toad (Bufo woodhousii), northern leopard frog (Rana pipiens), northern cricket frog (Acris crepitans), painted turtle (Chrysemys picta), ornate box turtle (Terrapene ornata ornata), yellow mud turtle (Kinosternon flavescens), short -horned lizard (Phrynosoma hernandesi), prairie lizard (Sceloporus undulatus), bullsnake (Pituophis catenifer sayi), red racer (Coluber flagellum piceus), plains garter snake (Thamnophis radix), and western rattlesnake (Crotalus viridis) (Brown 1989b; Hammerson 1999; Shaw and Campbell 1974). 2-4 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 3. Cultural -Historical Context The following section is a brief introduction to the prehistory and history of the Project Area in context of the greater Platte River Basin (Region). The most recent and comprehensive prehistoric context for the Region that encompasses the Project Area is Colorado Prehistory: A Context for the Platte River Basin (Gilmore et al. 1999). 3.1 Prehistoric Narrative The Region, which includes more than 25 percent of the northeastern portion of the state of Colorado, is bordered by the Continental Divide to the west; the Colorado -Wyoming -Nebraska border to the north; the Colorado -Nebraska -Kansas border to the east; and the Palmer Divide, which separates the Platte River Basin from the Arkansas River Basin, to the south (Gilmore et al. 1999:1). Prehistoric cultures are known to have inhabited the Platte River Basin for as long as 13,000 years. The cultural periods have been divided into several temporal units based on variability in observed technological and subsistence attributes. These temporal units are described individually below. 3.1.1 Paleoindian Stage The Paleoindian Stage in Colorado dates from 12,000 to 7,500 before present (B.P.) and is typically associated with the hunting of megafauna that became extinct during the terminal phase of the late Pleistocene or in the early Holocene (Gilmore et al. 1999:3). These animals consisted of proboscideans (Mammuthus spp.), certain species of now extinct bison (Bison antiquus), and other large game species that included camel (Camelops spp.), horse (Equus spp.), mountain sheep (Ovis spp.), elk (Cervus spp.), and deer (Odocoileus spp.) (Gilmore et al. 1999:5). Paleoindian bands were highly mobile hunter and gatherers, and their food economy was based on the availability of big game that ranged across the landscape (Simms 2008:133). The archaeological evidence for the Paleoindian period is closely tied to the associated hunting tools utilized throughout the tradition, namely the distinctive fluted spear point variations. In Colorado, the Paleoindian Stage is subdivided based on changes in distinctive spear point technology and associated with direct or relative dating of sites. Much of the information about the Paleoindian Stage in the Region comes from data collected during excavation at kill sites and game processing sites. The Paleoindian Stage in the Region is divided into three traditions, or sub -periods: These sub -periods include the Clovis (12,000-11,000 B.P.), Folsom (11,000-10,000 B.P.), and the Plano (10,000-7500 B.P.) periods (Gilmore et al. 1999:51). 3.1.1.1 Clovis Sub -period The Clovis sub -period dates from 12,000 to 11,000 B.P., during which time the climate was wetter and cooler than it is today (Gilmore et al. 1999:51-57). Clovis inhabitants of the Region existed in small mobile bands and hunted mammoth, other now -extinct Pleistocene fauna, and many smaller species, utilizing riverine and lacustrine environments. The archaeological hallmark of the Clovis sub -period is the Clovis projectile point: a large, lanceolate, basally fluted projectile point (Justice 2002:67; Gilmore et al. 1999:51; Zier and Kalasz 1999:69). Clovis points vary from 3 to 6 inches in length, typically contain basal grinding, cultural Resource Inventory 3-1 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado are basally concave, have parallel or slightly convex edges, are leaf shaped, and are partially fluted at the hafting element of the base (Gilmore et al. 1999:57). 3.1.1.2 Folsom Sub -period The Folsom sub -period dates from 11,000 to 10,000 B.P. when the climatic shifts that began in the Clovis sub -period continued, resulting in overall warming but also increased seasonality featuring warmer summers and, perhaps, colder winters (Gilmore et al. 1999:64). Conditions, in general, were cooler than those of the present day but began to approach modern levels by the end of the sub -period. A process of Pleistocene megafaunal extinction that began in Clovis times was largely complete by the end of the Folsom sub -period and, while overall mammal species diversity was reduced, the ranges of certain grassland - adapted species such as bison, elk, moose, deer, and antelope, increased significantly (Yohe and Woods 2002; Simms 2008; Zier and Kalasz 1999:87). Folsom -age demographics were like those of the Clovis period, with small bands of hunter -gatherers exploiting well -watered areas in an increasingly arid environment. Folsom sites are often associated with small-scale kills (up to 25 animals) of a now extinct form of bison, but an array of smaller mammal forms was exploited as well. Folsom projectile points are smaller than Clovis, but they exhibit fluting along nearly the entire length of the blade on both faces (Gilmore et al. 1999:51). Folsom toolkits are highly diverse and display a range of both formal and expedient forms and, like Clovis, show a preference for high -quality lithic materials from widely distributed sources. 3.1.1.3 Plano Sub -period The Plano sub -period (10,000 to 7500 B.P.) is well represented on the Colorado portion of the High Plains in the form of surface and subsurface finds consisting of a variety of unfiuted lanceolate projectile points (Zier and Kalasz 1999:94; Gilmore et al. 1999:69). During the Plano sub -period, the High Plains evolved into a land of semi -arid to arid short -grass prairie containing deciduous woodlands along principal streams. Bison continued to diminish in size but increased in absolute numbers and roamed an expanded range as grasslands proliferated. Human occupants of the region responded to Plano environmental conditions by becoming highly specialized bison hunters, developing communal hunting techniques that, at times, resulted in the killing of 200 or more animals in a single event (Zier and Kalasz 1999:94; Gilmore et al. 1999:69). The Plano sub -period is characterized by a series of temporally and geographically overlapping projectile point traditions and, while a good deal of morphological variability is apparent in Plano assemblages, points continue to be generally large and well made, often from high quality, non -local materials (Gilmore et at 1999:51). Lithic assemblages generally appear as an outgrowth of Folsom industries, but with even greater morphological and perhaps functional variability. Bone tools figure prominently into Plano artifact assemblages but are largely expedient in nature (Zier and Kalasz 1999:94). Plano sub -period artifacts have been located throughout the Colorado portion of the High Plains and are typically associated with the hunting of extinct bison and modern bison (Bison bison) (Zier and Kalasz 1999:94). 3.1.2 Archaic Stage The Archaic Stage (approximately 7500 to 2000 B.P.) is broadly associated with the Altithermal climatic event (Bently 1983), an approximately 4,000 -year -long period of relatively hot and arid conditions over the Western United States that necessitated a change in hunting and gathering patterns (Gilmore et al. 3-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 1999:91). Subsistence practices shifted to foraging for plant resources and small game hunting (Gilmore et al. 1999:5). The Archaic Stage dates from 7500 to 2000 B.P. and is subdivided into the Early, Middle, and Late Archaic. It is differentiated from the Paleoindian in terms of technology and subsistence practices. Projectile point forms in the Archaic Stage changed substantially from the larger Paleoindian forms as flake tool technology began shifting towards stemmed and notched projectile point styles (Gilmore et al. 1999:94). 3.1.2.1 Early Archaic The Early Archaic dates from 7800 to 5000 B.P. and marks the transition from the Plano to Archaic technology, with substantial changes in subsistence and material culture (Gilmore et al. 1999). The climate during the Middle Holocene experienced more extreme variability between cooler and warmer periods than present day, as well as possible torrential storms during the summer months. The Early Archaic is characterized by the manufacturing of lanceolate and large, corner -notched projectile points developed for use with the atlatl (Gilmore et al. 1999:94). Gilmore et al. (1999:102-103) indicates that few known Early Archaic sites exist in the Region. Most sites have been found along hogbacks and foothills at higher elevations, suggesting a migration to cooler areas during the Altithermal climatic event. 3.1.2.2 Middle Archaic The Middle Archaic dates from 5000 to 3000 B.P., when climatic conditions during the early Neoglacial episode are believed to have been more mesic, with wetter and cooler conditions prevailing. Conditions were similar to those of the present day and modern flora and fauna were present in the area as evidenced by assemblages from archaeological sites. The climate does not appear to have been static, however. Geomorphic evidence indicates that episodes of sand dune activation and dormancy occurred throughout the Middle Archaic and well into the Late Archaic, suggesting that fluctuations in effective moisture occurred (Gilmore et al. 1999). The Middle Archaic is characterized by increased variability in projectile point styles that include lanceolate and stemmed -indented projectile points, as well as side- and corner -notched points most likely used for hunting bison and other ungulates (Gilmore et al. 1999:5; Zier and Kalasz 1999). In addition to varying projectile point types, Middle Archaic sites often contain groundstone implements, suggesting a reliance on more plant -based foods. The Middle Archaic is represented in the Region along the mountains, foothills, and plains landscapes, suggesting that groups traveled between the mountains and plains. Middle Archaic peoples appear to have hunted and foraged in the mountains during the summer and fall months, and returned to base camps in the hogbacks, foothills, and eastern plains during the winter months (Gilmore et al. 1999:118). Several Middle Archaic sites have been recorded on the plains, but site density appears lower in the mountainous regions (Gilmore et al. 1999:118 and 134). 3.1.2.3 Late Archaic The Late Archaic dates from 3000 to 1800 B.P. and is characterized by changes in material culture that include the introduction of the bow and arrow and ceramics. Late Archaic sites in the South Platte River Cultural Resource Inventory 3-3 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado drainage area are similar to those of the Middle Archaic but occur more frequently and are apparently more widely distributed based on both absolute dating and the presence of diagnostic artifacts (Gilmore et al. 1999:134). The climate during the latter half of the Neoglacial episode experienced a return to Pleistocene -like conditions except with modern flora and fauna. The winter months were wetter and the summers were cooler (Simms 2008). The presence of groundstone and a variety of stone tools persisted into the Late Archaic, while projectile point morphology tended towards large, side- and corner -notched points, many of which had serrated edges (Gilmore et al. 1999:95). Hunting was still the primary means of subsistence, but strategies changed to incorporate buffalo jumps, game drives, and a heavier reliance on smaller game and fish to support the needs of increasing populations. 3.1.3 Late Prehistoric Stage The Late Prehistoric Stage (1800 B.P. to A.D. 1540) is characterized by the increased production of bow and arrow type projectile points, bulk food procurement, expansive material trade, and continued ceramic development. The climate during the Medieval Warm Period consisted of a slow warming period until A.D. 900. This was followed by a rapid warming period with summer rainfall. By A.D. 1000 the climate experienced decades of severe drought followed by abundant precipitation (Simms 2008:77). Lithic technology progressed from the production of dart -style points made from quarried materials to arrow -style points and other flake tools made from locally available raw material. Plant processing became more abundant and spread across a wider area. The Late Prehistoric Stage in the Region is divided into two periods: the Early Ceramic period and the Middle Ceramic period (Gilmore et al. 1999:3). New technologies flourished in the Late Prehistoric, including the continuing development of pottery and the bow and arrow. Small side- and corner -notched points are used to differentiate the Late Prehistoric from other periods and are more common in artifact assemblages in the Region than are ceramics (Gilmore et al. 1999:175). The Early Ceramic period (A.D. 150 to 1150) features cord -marked pottery and corner -notched projectile points (Gilmore et al. 1999:5). Campsites were more common during the Early Ceramic period and, based on evidence found at sites, seem to have been occupied for longer amounts of time than in preceding periods. They may have been repeatedly occupied (Gilmore et al. 1999:179). There are considerably more Early Ceramic sites in the Region than sites of any previous period, with a large number of these sites having absolute dates (Gilmore et al. 1999:179). The Middle Ceramic period (A.D. 1150 to 1540) is characterized by smoothed, cord -marked pottery and triangular projectile points (Gilmore et al. 1999:5). Many Middle Ceramic sites also have Early Ceramic components (Gilmore et al. 1999:245). 3.1.4 Protohistoric Stage The Protohistoric period dates from approximately A.D. 1540 until Euro-American occupation and settlement in the area and subsequent relocation of Native Americans onto reservations in the late 1800s (Gilmore et al. 1999:5, 309). The Protohistoric period is characterized by a major shift in Native American technology and subsistence practices, as well as dramatic changes in demographics. The arrival of 3-4 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado Europeans on the North American continent changed many aspects of Native American life. Subsistence technologies shifted as firearms became available and metal and glass implements were introduced for food gathering, storage, and cooking (West 1998). A shift in environmental conditions also occurred during this time. A long drought ended and climate conditions on the high plains became more hospitable and similar to those of today (Gilmore et al. 1999:309). Perhaps the greatest changes observed in Native American populations during the Protohistoric period involved a dramatic reduction in their numbers caused by the introduction of European diseases and increased competition for resources between Native American groups and new Euro-American settlers (West 1998). Several tribes inhabited the Region during this time including the Cheyenne, Arapaho, Shoshoni, Comanche, Kiowas, Apache, and Ute (Gilmore et al. 1999:310). When the Platte River Basin context was described by Gilmore in 1999, more than 130 Protohistoric sites had been identified in the Region (Gilmore et al. 1999:310-311). Protohistoric sites are predominantly open camps and lithic scatters, but other site types include peeled trees, architectural sites, sheltered camps, sheltered lithic scatters, rock art, battle locations, and trails. Apache sites were common during the Protohistoric (especially on the eastern plains), and diagnostic features and artifacts include shallow pithouses, bison scapula hoes, snub-nosed end scrapers, and distinctive ceramics (Gilmore et al. 1999:311-313). In the mountains, the Ute were the predominant tribe. Ute sites are often identified by the presence of Uncompahgre Brown -ware ceramics, Cottonwood Triangular projectile points, Desert Side -notched points, and features like wickiups and peeled trees (Gilmore et al. 1999:323). During the Protohistoric period, the acquisition of the horse changed subsistence patterns from localized pedestrian hunting and gathering to long-distance hunting on horseback. Bison hunting and some horticulture were the primary means of subsistence (Gilmore et al. 1999:313; Zier and Kalasz 1999:257). 3.2 Historic Narrative 3.21 Early Exploration and Conquest The first non -Native visitors to the Region consisted of French and Spanish trappers and traders who arrived in the area as early as the late 17th century. Although the Spanish had made incursions into the Kansas plains as early as the 1540s, it was more than 150 years before the European presence on the plains became commonplace. The French began exploring North America's interior from both the north and south via the Mississippi and Missouri river drainages beginning in the early years of the 18th century (Creigh 1977:21). French influence began to decline after the signing of the Treaty of Paris in 1763 and the French, by the time of the Louisiana Purchase in 1803, had all but disappeared from the plains. The focus of western exploration and commerce during the early 1800s began with the Lewis and Clark Expedition of 1803-1806 as the explorers made their way west along the Missouri River. Soon after, French trappers arrived to trap beaver along the western rivers and tributaries. By the early 1820s, trappers working for the Rocky Mountain Fur Company traveled along the Sweetwater and Platte rivers in Wyoming and Nebraska along what was soon to become the Oregon Trail (Hafen and Young 1938:21). Shortly thereafter, a military expedition led by Major Stephen H. Long traversed the South Platte River to the Rocky Mountains (Gregg 1954). Trading posts and military outposts were established in the vicinity to facilitate the fur trade. These forts included Fort William in southeastern Wyoming, Fort Robinson and Fort Sidney in western Cultural Resource Inventory 3-5 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Nebraska, and Fort Saint grain, Fort Vasquez, and Fort Sedgewick in northeastern Colorado. All of these frontier outposts were located along major drainages and established transportation routes. From 1820 until the early 1840s, the military conducted routine patrols in the area to manage ongoing encounters with Native Americans tribes that were beginning to make a stand against the encroaching Euro-Americans. 3.2.2 Trails and Transportation By the late 1840s, Euro-American emigration began to increase throughout the Region and adjacent areas as thousands of settlers used wagons to traverse the Platte River valley as a means to reach Utah, California, and Oregon. Eventually more than 500,000 would-be settlers traveled over the Oregon, Overland, and Mormon trails to western states, accompanied by more than 1.5 million animals (Madsen 1980:27; Creigh 1977:33). A large group of these settlers came west to seek California gold during 1848 and 1849, religious freedom in Utah (which began in 1847), or permanent settlements in Oregon while electing to merely► pass through the Plains and settle elsewhere. Denver was founded in 1858 and quickly became the regional economic hub. It was not until the 1860s and 1870s that the area encompassing the greater portion of the present Project Area was actively settled by Euro-Americans. Other significant historic routes in the Region include the course of the Spanish Villasur Expedition (ca. 1720); the route used by Long's 1820 exploration party; the Platte River Trail (ca. 1840s to 1900); and the Overland Trail and Stage Route, which was established in the 1850s (Mehls 1984). The Overland Stage Line Company established a series of stage stations or ranches bordering the south bank of the South Platte River between Old Julesburg and Denver (Scott and Shwayder 1993). The development of the Transcontinental Railroad across the Great Plains eventually superseded the need for the emigrant and freight trails. The transcontinental railroad crossed the Great Plains through Nebraska and Wyoming in 1868 and was completed the following year as the Central Pacific Railroad and Union Pacific Railroad companies met at Promontory Point, Utah, north of the Great Salt Lake (Ambrose 2000). Within a few years additional connecting lines were constructed to Denver and other communities in northeastern Colorado. 3.2.3 Homesteading and Agricultural Settlement By the early 1860s homesteading, farming, and ranching took over as the principal economic themes of the Region (Gregg 1954). Agricultural settlement in the Region began to escalate by the mid -to -late 1860s. Carrillo (1990; see also Carrillo et al. 1989) has identified three phases of historic agricultural settlement for the Region: the Early Settlement phase (1867-1890), the Middle Settlement phase (1891-1915), and the Late Settlement phase (1916-1980). Carrillo's phases coincide chronologically with the U.S. Homesteading Acts. Mehls (1984) and Mehls [n.d.]), in specific reference to Weld County, Colorado, have also identified three homesteading periods with somewhat different dates: Frontier period (1870-1900), Land Boom period (1900-1920), and Depression period (1920—1939). However, Carrillo's phases will be used for this discussion. The Early Settlement phase (1867-1890) consists of a vast number of settlers moving into the area, generally in response to the Homestead Act of 1862, under which 160 -acre plots of land could be acquired and patented if specified improvements were made within an allotted time. Many of the settlers in the Region 3-6 Cultural Resource Inventory St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado were Euro-Americans migrating from the eastern and southern states, as well as Europeans from various countries. During the 1880s and 1890s dryland farming techniques were implemented across the region to combat an extended drought. Large-scale cattle ranchers exploited the vast grasslands, running herds across the open plains prior to the end of the open range period around 1895 (Mehls 1984). The Middle Settlement phase (1891-1915) witnessed the failure of many of the homesteads from the preceding phase and resulted in the consolidation and redistribution of land holdings. During this phase, the development of agricultural ditches and large irrigation canals in the South Platte River Valley was paramount to maintaining the land allotments. Changes in the beef and sheep industries occurred around 1900, resulting in the fencing of pasture land, development of feed lots, and an increase in rail transport. The Late Settlement phase (1916-1930) consists of an influx of settlers in response to the Enlarged Homestead Act of 1909 and the Stock Raising Homestead Act of 1916, both of which permitted claims on parcels of up to 640 acres. During the 1920s, the Late Settlement phase witnessed the devastating results of a massive drought and the effects of the Dust Bowl. The Great Depression followed the drought and Dust Bowl during the early 190s, compounding the economic difficulties in the region. The vast majority of those who had homesteaded in the region during the Late Settlement phase failed sometime in the early 1930s as a result of these conditions. Many of the homesteaded parcels reverted to government ownership, while others were bought out by more successful neighbors. Agriculture continues to be the economic mainstay of the Region and includes rearing livestock and raising crops. Other economic development in the Region includes gas and oil exploration, grain storage and transport, meat processing, and fertilizer production and distribution. However, the Project Area includes both agricultural and developed urban areas that are highly influenced by other economic sectors. 3.2.4 Irrigation Ditches along the Northern Front Range The information in this section was derived from the online website used with permission from Anne Dyni, author of "Pioneer Voices of Boulder County", published by the Boulder County Open Space Department (Dyni 2010). The means to irrigate farmland within the northern Front Range region was initiated as early as 1859 via a series of ditches. The diversion of water from local snowmelt-fed elt-fed streams and rivers assured farmers of good crops. The meadows and lowlands were systematically irrigated first due to the relative ease of constructing a dam across a stream and diverting the water to adjacent lands, requiring little or no ditching. The implementation of the ditch systems allowed the farmers to utilize land further from the streams. The ditches were typically constructed by using teams of oxen or horses pulling plows or ditchers (V-shaped chisels that cut deep trenches in the soil) to the desired locations in need of irrigation. Many of the earliest ditches in the region, such as the Holland Ditch in Boulder County, were dug with a team of horses and walking plow. The ditches were designed to allow the water to flow evenly across the entire field without Cultural Resource Inventory 3-7 St. Vrain to Lethern-Hambert Pipeline Project Weld County, Colorado eroding the topsoil. The plow blades were set at different heights to allow the proper drainage pitch. The common drainage pitch consisted of 1 -inch elevation loss per 20 feet of ditch length. 3-8 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 4. Statement of Objectives The goals of this cultural resource study were to identify cultural resources likely to be present and possibly affected by the Project, evaluate the cultural resources for their NRHP P status, and make management recommendations for those cultural resources in relation to the Project. To achieve these goals, seven tasks were undertaken, which are as follows: 1. Conduct a site file search of the OAH P database to determine whether previous inventories have been performed in or near the Project Research Area (the area within 1 mile of the APE), and whether previously recorded cultural resources are present in the Research Area. Review historic maps and GLO records to look for possible historic features found in the Research Area. 2. Conduct a cultural resource inventory of the Project APE and identify sites. 3. Record all present cultural resources within the APE. Recordation to include global positioning system (GPS) coordinates, site sketch map, photographs, and site descriptions. 4. Complete OAHP site forms for all observed cultural resources within the APE. 5. Evaluate all recorded cultural resources within the APE. 6. Make appropriate management recommendations for all recorded cultural resources. 7. Prepare a report of the results of the inventory and submit to the lead agency with the understanding that the lead agency will submit to the OAHP. 4.1 Expected Results Expectations of site frequency and types within the APE estimated approximately one site per every 1 mile, with sites consisting of small prehistoric lithic scatters along the drainages and creeks, and historic irrigation, agricultural or settlement structure sites. Much of the APE has been subjected to decades of agricultural practices and more recently by gas and oil development and has been greatly disturbed. Cultural Resource Inventory 4-1 St. Frain to Latham -Humbert Pipeline Project Weld County, Colorado This page intentionally left blank. 4-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 5. Methodology 5.1 Desktop Research Methods Tetra Tech conducted a site file search through OAHP Colorado Cultural Resource On-line Database (Compass) on July 20, 2018, for the Research Area (the area within 1 mile of the pipeline alignment). The Compass database includes records of all archaeological investigations that have been conducted and all cultural resources (prehistoric and historic archaeological sites) that have been previously recorded. Tetra Tech also reviewed the historic GLO records and the Glenn R. Scott trails maps to determine whether vestiges of trails, transportation routes, homesteads, or other resources may be present in the Research Area. 5.2 Field Methods The Survey Area consists of a contiguous 12.20 -mile -long by 300 -foot -wide corridor centered along the pipeline alignment as depicted in the GIS data provided by Anadarko. Three archaeologists conducted the survey by walking the length of the 300 -foot -wide APE in two parallel out and back transects, spaced approximately 15 meters apart. Ground visibility was approximately 40 to 70 percent throughout the majority of the APE. The locations of the cultural resources were recorded using a hand-held 2008 Series Trimble XT GPS unit. Universal Transverse Mercator coordinates are used to indicate site locations and are based on the 1983 North American Datum. A sketch map was digitized for the sites and G PS coordinates of the site boundaries were recorded. The resources were documented using the Colorado Historic Society/OAHP site forms. Digital color photographs were taken of the resources and are included in Chapter 6 and the OAHP site forms. No artifacts were collected. For the purposes of this survey, and in accordance with the Colorado Historic Society/OAHP guidelines (CAHP 2007), Tetra Tech used the following definitions for sites: (1) a concentration of prehistoric artifacts of five or more items, (2) a concentration of 50 or more items from the same historic artifact or event (e.g. a broken bottle), or (3) a feature with associated artifacts, regardless of number. All items outside these definitions would have been recorded as isolated finds (IFs). 5.3 Site Evaluation Criteria Sites investigated during this inventory were evaluated for eligibility for listing on the NRHP. Those eligibility significance criteria are codified in the Code of Federal Regulations (36 CFR 60.4) and are specified below. The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects that possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and: a. that are associated with events that have made a significant contribution to the broad patterns of our history; or b. that are associated with the lives of persons significant in the past; or Cultural Resource Inventory 5-3 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado c. that embody the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possess high artistic value, or that represent a significant or distinguishable entity whose components may lack individual distinction; or d. that have yielded, or are likely to yield, information important in prehistory or history. Ordinarily, cemeteries, birthplaces, or graves of historical figures; property owned by religious institutions or used for religious purposes; structures that have been removed from their original location; reconstructed historic buildings; properties that are primarily commemorative in nature; and properties that have achieved significance within the last 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: a. a religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. a building or structure removed from its original location, but which is significant primarily for its architecture, or which is the surviving structure most importantly associated with an historic person or event; or c. a birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life; or d. a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no building or structure with the same association has survived; or f. a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or g. a property achieving significance within the past 50 years if it is of exceptional importance. The cultural resources were evaluated based on the criteria listed above. Eligible sites are those that display one or more of the criteria for eligibility. In addition, sites evaluated as eligible must retain physical integrity. Eroded or otherwise heavily disturbed sites are generally not considered eligible. Sites evaluated as needing data are those sites that may conform to the eligibility criteria but require further work to determine NRHP status. In most cases, these sites are prehistoric or historic sites with suspected buried materials or historic sites where additional research is necessary to determine historical importance. Sites that are evaluated as not eligible do not meet any► of the eligibility criteria and/or have lost physical integrity. 5-4 Cultural Resource Inventory St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado 6. Results 6.1 Desktop Research The desktop research revealed that 16 prior investigations have been undertaken within the Research Area (Table 6-1). The previous investigations primarily consist of intensive surveys for pipeline, transmission line, and private lands projects. Table 6-1: Previously Conducted Surveys within the Research Area. Date Report Number Author(s) Report Title 2009 MC.AE.R24 Erik Anderson, Gensmer Gantt, Stephen and R. Kristin A. Suncor Expansion County, Energy USA Pipeline Pipeline Project: Wyoming and Weld Company Class and Adams III Cultural Rocky Counties, Resource Mountain Colorado Inventory Crude System Laramie 2012 MC.AE.R20 Julie Harris, Robert Shipp, Brandy Collin Rucker, and Rowe the A Class Elbert, Front and III Cultural Range El Paso Pipeline and Counties, Class I Paleontological Project Colorado (and Resources Survey of Spread Addendum A), Weld, Adams, Arapahoe, 1 of 1998 MC.E.R25 Carl Spath K.N, Counties, Platteville Adams Wattenberg and Colorado Mainline Transmission, Cultural North Weld Counties L.L.C. Front Resource Inventory of Platteville to Pan Runner Pipeline, Report Energy -Mark Adams and #3 Amoco West Newbourne Weld - Gas Plant, 1998 MC.E.R28 Carl Spath K,N, Counties, Wattenberg Colorado Transmission, Cultural L.L.C. Front Resource Inventory Runner Pipeline, Report Adams and Weld #6 2000 MC.E.R35 Patrick K. O'Brien, Carol L. Graham and Steve Mehls Colorado Central Arapahoe, Interstate Pipelines: Douglas, Gas Company's Cultural Elbert, Resource El Proposed Valley Inventory and Paso and Weld Counties, Line Expansion Evaluation Colorado: in Adams, Addendum and 5C-24 2. 2002 WL.AE.NR1 Cherie K. Walth Inch Public Service Company Pipeline, Cultural of Colorado St. Resource Inventory drain Weld Meter Station County, to Colorado CIG Tie -In (No. 1304-02) 12- 2013 WL.E.NR34 Michelle Homan Class Meter III Cultural Station Installation, Resource Inventory Weld County of the Temporary Workspace for the CIG (SWCA #13-129) 1994 WL.E.NR7 Wm. Lane Shields A Class III Cultural Colorado Resources Inventory of the Westfield Lateral in Weld County, 1989 WL.E.R1 Brian O'Neil Public Service Line Weld Company County, Colorado of Colorado Ault to Fort St, Frain 230kV Transmission 1998 WL.E.R10 Dulaney Michael Barclay D. Metcalf and Colorado Interstate Cultural Resources, Gas Company's Front Weld County, Colorado Range Pipeline Intensive Inventory for 2004 WL.E.R24 Jennie Borresen Lee A Fort Staging Class St. III Vrain Area Cultural Lateral and Resource Inventory Pipeline, Weld 12 Inch Launcher County, Sites for the Addendum Proposed Colorado 1 Inventory El Paso Corporation of Proposed CIG 2008 WL.SC.NR21 C.L. Rogers Weld Lands County -Clifford Limited Webber Results Cultural Resources Survey Report on Private 2008 WL.SC.NR27 C,L, Rogers Weld County Lands -Randall Limited Results Cultural Resources Survey Report on Private Bright 2009 WL.SC.NR50 Stu McFarland Weld Lands County -Robert Limited McDaniel Results Cultural Resources Survey Report on Private 2011 WL.SC.NR51 Thomas H. Ebert Weld Lands-Rergert County Limited Farms, Results LLC Cultural Resources Survey Report on Private 2012 WL.SC.NR90 Lauren Mitchell Weld Lands County -Webb Limited Results Cultural Resources Survey Report on Private Cultural Resource Inventory 6-1 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado The Compass database identified 17 cultural resources (structures, archaeological sites, and IFs) within the Research Area that have been previously recorded. Of the 17 previously recorded resources, 14 are historic sites, two are historic IFs, and one is a prehistoric IF. The site information is summarized in Table 6- 2. The 14 historic sites consist of the two trash scatters, five railroad related sites, six ditch segments, and one homestead. Of the 14 historic sites located within the Research Area, three sites (5WL.2188.5, 5WL.2206.8, and 5WL.4806) are determined "Not Eligible -Officially", five sites (5WL.884, 5WL.885, 5WL.1049, 5W L.1969.66, and 5WL.3055) are recommended as "Not Eligible -Field", three sites (5WL.1969.34, 5WL.2589.2, and 5WL.3345.1) are recommended as Eligible -Field", and three sites (5WL.1317.3, 5WL.1317.7, and 2188.7) are determined "Eligible -Officially'. The three IFs (5WL.2280, 5WL.4805, and 5WL.2646) are recommended as "Not Eligible -Field". Table 6-2: Previously Recorded Cultural Resources within the Research Area. Site Number Time Period Site Type NRHP Eligibility 5WL.884 Historic Farm Dump Not Eligible -Field 5WL.885 Historic Trash Dump Not Eligible -Field 5WL.1049 Historic Vasquez Station Denver Pacific Railroad Not Eligible -Field 5WL.1317.3 Historic Union Pacific Bridge 37.32 Eligible -Officially 5WL.1317.7 Historic Union Pacific Railroad, Dent Branch Eligible -Officially 5WL.1969.34 Historic Union Pacific Railroad, LaSalle -Denver Mainline Eligible -Field 5WL.1969.66 Historic Union Pacific Railroad, Denver Pacific Not Eligible -Field 5WL.2188.5 Historic Platte Valley Canal Not Eligible -Officially 5WL.2188.7 Historic Platte Valley Canal Eligible -Officially 5WL.2206.8 Historic Beeman Ditch Not Eligible -Officially 5WL.2280 Historic IF -Wagon Not Eligible -Field 5WL.2589.2 Historic Farmers Independent Ditch Eligible -Field 5WL.2646 Prehistoric IF-Lithic Flake Not Eligible -Field 5WL.3055 Historic Farmers Independent Ditch Bridge Not Eligible -Field 5WL.3345.1 Historic Evans No. 2 Ditch Eligible -Field 5WL.4805 Historic IF -Glass Not Eligible -Field 5WL.4806 Historic Elisha Lines Homestead Not Eligible -Officially Tetra Tech also conducted a review of the GLO plat maps for Township 3 North, Range 67 West (1863); Township 3 North, Range 66 West (1865); and Township 4 North, Range 66 West (1865); the National Park Service's National Historic Trails Map; and the Glenn R. Scott and Carol Rein Shwayder Historic Trail Map of the Greeley 1° x 2° Quadrangle, Colorado and Wyoming (1993) maps of the Research Area. The results of the GLO plat search are listed in Table 6-3. 6-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado Table 6-3: Potential Cultural Resources Depicted on GLO Plats within the Research Area Potential Resource Plat Date Township and Range Section North to South Trending Road Segment 1863 T3N R67W 11 W%, 12 W% Northeast to Southwest Trending Road Segment 1863 T3N R67W 10 NW% Northeast to Southwest Trending Fence 1863 T3N R67W 10 NIT% Northwest to Southeast Trending Road Segment 1865 T3N R66W 8 SW% North to South Trending Road Segment 1865 T3N R66W 7 E% North to South Trending Road Segment 1865 T3N R66W 8 W% 61 New Cultural Resources Recorded During the Pedestrian Survey The pedestrian survey of the APE consisted of a 12.20 -mile -long by 300 -feet -wide (441.15 acres) pipeline corridor located on privately owned lands in Weld County that are subject to a USR Application permit. One new cultural resource was identified and documented during the pedestrian survey. 6.2.1 Site 6WL.2206.10 Beeman Ditch Description: Site 5WL.2206.10 (Beeman Ditch) is located among an agricultural setting between County Road 10% and County Road 21. The site consists of earthen irrigation ditch segment that is containing modern concrete turnouts, headgates and flumes (Figures 6-1 and 6-2). The segment measures approximately 7 feet wide by 3,116 feet long and is estimated to be 3 to 4 feet deep to the water surface. Where ditch changes course the banks are lined with 1 -foot wide concrete berms that rises 3 -feet from the surface of the water. Two concrete turn -outs (Feature 1 and Feature 2) are located on the eastern and northern banks of the ditches's transition, respectively. A concrete headgate ad g ate associated with a concrete chute (Feature 3) is located directly east of the ditch, across County Road 21, and may be abandoned. Cultural Resource Inventory 6-3 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Figure 6-1. Overview of the Beeman Ditch (5WL.2606.10). View looking west. Figure 6-2. Overview of the Beeman Ditch (5WL.2606.10). View looking south. 6-4 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project WeldCounty, Colorado Evaluation and Management Recommendations: The Beeman Ditch is a small moderate size earthen ditch built in a period when cooperative projects were common in the region. The ditch has no distinctive or outstanding design or engineering features and no outstanding associations in local history. According to Colorado OAHP records adjacent segments of this ditch have been determined not eligible. It appears that portions of this ditch have been realigned and the headgates and other features have been replaced with modern features. Tetra Tech concurs with the previous recommendations that the ditch is not eligible for listing onto the NRHP based on the addition or replacement of key features within the segment. According to the latest Project engineering design, the ditch will not be directly impacted by the Project because the pipeline would be bored under this feature. No further management is recommended. 6.3 Previously Recorded Cultural Resources Recorded During the Pedestrian Survey Four previously recorded cultural resources were identified and re-recorded during the pedestrian survey. 6.3.1 Site 5WL.1969.34 Union Pacific Railroad, LaSalle -Denver Mainline Description: Site 5WL.1969.34 (Union Pacific Railroad, LaSalle -Denver Mainline) parallels US Highway 85 as it trends north to south from Gilcrest to Platteville. The grade measures approximately 26 feet wide and the re-recorded segment measures approximately 1280 feet long. The site was previously recorded in 1998. Figure 6-3. Overview of the Union Pacific LaSalle -Denver Mainline (5WL.1969.34). View looking north. Cultural Resource Inventory 6-5 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Evaluation and Management Recommendations: This rail corridor, initially established by the Denver Pacific in 1870 was one of the first major rail lines to reach Denver (shortly after the Kansas Pacific), and a major artery of the Union Pacific Railroad. Historic background: The Denver Pacific Railway & Telegraph Company was incorporated on November 19, 1867. An Act of Congress approved on March 3, 1869 authorized the transfer of lands granted to Union Pacific Railway Company, Eastern Division between Denver and the point of its connection with the Union Pacific Rail Road to Denver Pacific Railway & Telegraph Company. The act also allowed the UPED to contract with Denver Pacific for the construction, operation and maintenance of its line between Denver and Cheyenne, and for the UPED to transfer perpetual use of its right of way and depot grounds, and the transfer of all rights and privileges of UPED to Denver Pacific. In accordance with the Act of Congress mentioned above, on March 19, 1869, UPED entered into a contract with Denver Pacific granting those rights and privileges. The contract provided that the Denver Pacific would be completed between Denver and Cheyenne by January 1, 1871. On January 1, 1870 construction was completed between Cheyenne and Evans, Colorado and by May 30, 1870 the segment between Evans, Colorado, and Johnson (near Platteville), Colorado was completed (Denver Pacific Railway & Telegraph Company (1867-1880) found online at http://utahrails.net/upldenver-pacific.php. The site has been determined eligible by the OAHP in 1998. The railway is active and has been maintained, but the segment is a portion of one of the first segments of railroad constructed in Colorado. Tetra Tech concurs with the previous determination and recommends avoidance of the site. According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under this feature. 6.3.2 Site 5WL.2188+5 Platte Valley Canal Description: Site 5WL.2188.5 (Platte Valley Canal) is located among an agricultural and trends east to west between County Road 24 and County Road 26. The re-recorded earthen segment measures approximately 3.05 miles long by 15 feet wide and varies between 6 to 10 feet deep to the water surface. Several modern features have been added to the canal over the years. Figure 6-4. Overview of the eastern portion of the Platte Valley Canal (5WL2188.5). View looking south. 6-6 Cultural Resource Inventory St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Figure 6-5. Overview of the middle portion of the Platte Valley Canal (5WL.2188.5). View looking north. Evaluation and Management Recommendations: This is a major canal that has played an important role in local and regional history and economy. However, this segment has been straightened and relocated over time and lacks some of the aspects of physical integrity to include material and location. The setting and feeling aspects have been impacted due to the development of oil and gas in the area. Although the current use is consistent with its historic use, the modifications are substantial. Despite that the canal as a whole meets the requirements of Criterion A and most certainly contributed to the economic development of agriculture in Weld County, this particular segment has been altered and now lacks several of its aspects of physical integrity. The site was determined not eligible by the OAHP in 1998. Tetra Tech concurs with this determination and no further management is recommended. According to the latest Project engineering design, the ditch will not be directly impacted by the Project because the pipeline would be bored under this feature. 6.3.3 Site 5WL.2589.2 Farmers Independent Ditch Description: Site 5WL.2589.2 (Farmers Independent Ditch) is located among an agricultural setting approximately 1250 feet west of County Road 25. The re-recorded earthen segment measures approximately 1485 feet long by 15 feet wide and varies between 3 to 4 feet deep to the water surface. Several modern features have been added to the canal over the years. The site was previously recorded in 1997. Evaluation and Management Recommendations: The Farmers Independent Ditch is one of the earliest cooperative water control systems in the South Platte Valley with an initial appropriation date of November Cultural Resource Inventory 6-7 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado 20, 1865. This ditch trends north from the South Platte River a short distance south of Platteville and then cuts northeasterly for approximately about 11.5 miles to the vicinity of LaSalle. Greystone's 1997 Site Form has provided the historic background for the Farmers Independent Ditch: "Construction of the Farmers Independent Ditch began in 1865 and was completed by the late 1870s (C. Spath of Greystone 1997 site form for 5WL2589.11). It is one of the early major cooperative water control systems in the South Platte River Valley. It has been recommended as eligible for the NRHP with SHPG concurrence March 19. 1998. Segment 5WL2589.3 retains its integrity of setting and although a modern metal foot bridge and a gas well detract somewhat from the historic feeling of its viewshed, the segment is well maintained, still in a largely agricultural setting, and still used for its original purpose. This ditch is fed by the South Platte River at Platteville and flows in a northeasterly direction for approximately 14.2 miles to agricultural fields west of La Salle. The Structure Summary Report for the Farmers Independent Ditch shows that it was first appropriated on November 20, 1865 and adjudicated on April 28, 1883. Alfalfa, corn, dry beans, grass pasture, small grains, sod, sugar beets, and vegetables have all been grown with water from the Farmers Independent Ditch which, in 2007, irrigated 7589 acres (Hydrosphere Resource Consultants, Inc. 2007).. Heavy rains in 1891 caused significant damage to the ditch. The ditch itself washed out in several places and the headgate was badly damaged (Greeley Tribune, 10 June 1891 b:4). In 1892, possibly as a consequence of the 1891 flood, the farmers who owned the Farmers Independent Ditch placed several car loads of slag at the headgate of the structure (Greeley Tribune, 17 March 1892:5). Like many ditches in the state, the Farmers Independent Ditch has been part of water rights lawsuits. In 1890 the Farmers Independent Ditch Company claimed that the Agricultural Ditch Company had been illegally depriving it of water to which it had the prior appropriation rights. However, the Farmers Independent Ditch Company lost the suit because it had acted as a corporate entity and neglected to make stockholders aware of the case, or submit the names, appropriation dates, and amount of land needing the water (Silkensen 2000:65)". Figure 6-6. Overview of the Farmers Independent Ditch (5WL.2589.2). View looking north. 6-8 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado The Farmers Independent Ditch is clearly associated with events that led to the early agriculture development in Colorado and in Weld County. These events have made a significant contribution to the broad pattern of history and therefore the ditch segment should be considered eligible to the NRHP under Criterion A. The Farmers Independent Ditch water rights date to 1865 and had a number 10 priority in the water district and the 27th water right in Weld County. The ditch is significant for being a good example of a large, early agricultural cooperative irrigation project. The resource retains most of its aspects of physical integrity such as location, setting, feeling, association, and design. It occupies its original corridor and is still largely surrounded by agricultural, remains in use as an irrigation water conveyance system, and it retains its original basic design of the channel and associated feeder canals. Although the ditch may have lost the aspects of materials and workmanship due to maintenance and upkeep, the early appropriation date of 1865 suggests that it has been a key contributor to the early economic growth of agriculture for over 150 years. The segment was previously recommended as eligible in 1998 and the OAHP determined that this segment was a contributing part of an existing National Register district. Tetra Tech recommends that this segment is eligible for inclusion into the NRHP and that the site should be avoided. If avoidance is not feasible at the final design stage of the Project, it is recommended that additional documentation, such as a detailed Historic American Buildings Survey or Historic American Engineering Record and archival research of the Farmers Independent Ditch be conducted in coordination with the landowners, local irrigation districts, and the State Historic Preservation Office (SHPO). According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under this feature. Figure 6-7. Overview of the Farmers Independent Ditch (5WL.2589.2). View looking south. Cultural Resource Inventory 6-9 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado 6.3.4 Site 5WL.2750.I Hewes -Cook Ditch or Western Mutual Ditch Description: Site 5WL.2750.1 (Hewes -Cook Ditch aka Western Mutual Ditch) is located approximately 0.25 miles east of the South Platte River and parallels an unnamed dirt road approximately 0.35 miles west of County Road 23. The site consists of an earthen ditch segment that measures 30 to 40 feet wide and is approximately 1215 feet long. The banks are heavily vegetated and no associated infastructure was observed. A dirt road parallels the ditch on the eastern side. The ditch is present on the Platteville 1949 and 1950 United States Geological Survey (USGS) 7.5 -minute quadrangle but does not appear in the OAHP GIS data base. The site was previously recorded in 1998. Evaluation and Management Recommendations: The Hewes -Cook Ditch aka Western Mutual Ditch was determined not eligible by the OAHP in 1998. The ditch segment consists of a moderate size cooperative ditch system with water rights dating back to 1866. The early appropriation date of the ditch as a whole is possibly associated with important events related to the high -altitude irrigation farming practices in Weld County (Criterion A) and is therefore potentially NRHP-eligible. P -eligible. The site is left as unevaluated pending additional information that may provide a clearer understanding of the significance of the ditch and its role in the early irrigation that led to the economic stability and agricultural practices in Weld County. Avoidance is recommended. If avoidance is not feasible at the final design stage of the Project, it is recommended that additional documentation, such as a detailed Historic American Buildings Survey or Historic American Engineering Record and archival research of the Hewes -Cook Ditch aka Western Mutual Ditch be conducted in coordination with the landowners, local irrigation districts, and the SHPO. PO . According to the latest Project engineering design, the ditch will not be directly impacted by the Project because the pipeline would be bored under this feature. Figure 6-8. Overview of the Hewes -Cook Ditch or Western Mutual Ditch (5WL.2750.1). View looking south. 6-10 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 7. Recommendations This cultural resource survey resulted in the identification of one new cultural resource (5WL.2606.10) and the re-recording of four previously documented resources (5WL.1969.34, 5WL.2188.5, 5WL.2589.21 .2 589.2 , and 5WL.2750.1). Sites 5WL.1969.34 and 5W L.2589.2 have been either recommended or determined eligible for listing into the NRHP and should be avoided by any ground disturbing activity. Site 5WL.2750.1 has been determined not eligible for the NRHP in 1998, but due to its early appropriation date of 1865, Tetra Tech feels that more in-depth research is necessary to determine the sites significance. Tetra Tech recommends that the site be treated as eligible and should be avoided by any ground disturbing activity pending addition research. Sites 5W L.2206.10 and 5WL.2188.5 have been recommended or determined not eligible for listing into the NRHP and no further management is necessary. If construction staff or others observe previously unidentified archaeological resources during construction, work should be halted in the vicinity of the find(s) and the Project Archaeologist immediately notified so that the resource value may be assessed as soon as possible, and appropriate next steps determined in coordination with the landowner, OAHP, and/or lead agency. Such finds should be formally recorded and evaluated for NRHP eligibility, as appropriate. The resource should be protected from further disturbance or looting pending evaluation and agreement from SHPO regarding the resource's eligibility status. Should the unanticipated discovery be determined to be a historic property that is NRHP-eligible and cannot be avoided, Anadarko should provide justification why the resource cannot be avoided and recommend treatment options (e.g., data recovery) to the landowner and OAHP. If human remains are inadvertently discovered during construction activities, all work in the vicinity of the find should cease and the Weld County Coroner contacted immediately to determine the nature of the remains and if the remains are Native American. Cultural Resource Inventory 7-1 St. Frain to Latham -Humbert Pipeline Project Weld County, Colorado This page intentionally left blank. 7-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado 8. References Cited Ambrose, Stephen E. 2000 Nothing Like It in the World: The Men Who Built the Transcontinental Railroad 1863-1869. Simon and Shuster, New York. Andrews, R., and R. Righter 1992 Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History, Denver. Bently, E.B. 1983 Geomorphology and Human Land Use. Unpublished Manuscript on file, Bureau of Land Management, Boise. Brown, L. 1989a Grasslands. In The Audubon Society Nature Guides (2nd Printing). Alfred A. Knopf, Inc., Chanticleer Press, Inc., New York. 1989b Grasslands: A Comprehensive Field Guide, Fully Illustrated with Color Photographs, to Birds, Wildflowers, Trees, Grasses, Insects, and Other Natural Wonders of North America's Prairies, Fields, and Meadows. Alfred A. Knopf, Inc., New York. Burt, William H., and Richard P. Grossenheider 1976 A Field Guide to the Mammals of America North of Mexico. Houghton Mifflin Company, Boston. Carrillo, Richard F. 1990 Historical Archaeology Research Design. In An Introduction to the Archaeology of Pinon Canyon, Southeastern Colorado (6 volumes), edited by W. Andrefsky, Jr. Report submitted to National Park Service -Rocky Mountain Regional Office by Larson-Tibesar Associates, Inc., Laramie, Wyoming, and Centennial Archaeology, Inc., Fort Collins, Colorado. Carrillo, Richard F., Diane Adams, and Dorothy Larson 1989 Relative Dating of Historic Homesteads: A Test Employing Cartridges and Bottle Glass. In Temporal Assessment of Diagnostic Materials from the Pinon Canyon Maneuver Site: Towards the Development of a Cultural Chronology for Southeastern Colorado, edited by C. Lintz and J. L. Anderson. Memoirs of the Colorado Archaeological Society No. 4. Creigh, Dorothy Weyer 1977 Nebraska: A Bicentennial History. W. W. Norton and Company, Inc., New York. Denver Pacific Railway & Telegraph Company (1867-1880) 2018 History of the Union Pacific Railroad. http://utahrails.netiupidenver-pacific.php. Accessed August 18, 2Q18. Cultural Resource Inventory 8-1 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Doesken, Nolan J., Roger A. Pielke, Sr., and Odilia A. P. Bliss 2003 Climate of Colorado: Climatography of the United States, No. 60. Colorado Climate Center, Colorado State University, Fort Collins. Dyni, Anne 2010 Pioneer Voices of Boulder County. Boulder County Open Space Department. http://bcn .bau lder. co. u slba sin/h i staryli Trig atian . htm I. EPA (U.S. Environmental Protection Agency) 2001 Middle South Platte —Cherry Creek Watershed. Electronic document, http://cfpubl .gov Isurflhuc.cfm?huc_cade=101900003, accessed August 18, 2018. Fitzgerald, James P, Carron A. Meaney, and David M. Armstrong 1994 Mammals of Colorado. Denver Museum of Natural History and University Press of Colorado, Niwot. Gilbert, B. Miles 1980 Mammalian Osteology. Modern Printing Company, Laramie. Gilmore, Kevin. P., Marcia Tate, Mark L. Chenault, Bonnie Clark, Terri McBride, and Margaret Wood 1999 Colorado Prehistory: A Context for the Platte River Basin. Colorado Council of Professional Archaeologists, Denver. Greeley Tribune [Greeley, Colorado] 1891 "Platteville." June 10: 4. Greeley, Colorado. 1892 "Platteville." March 17:5. Greeley, Colorado. Gregg, Josiah 1954 Commerce of the Prairies, edited by M. L. Moorhead. University of Oklahoma Press, Norman. Hafen, LeRoy R., and Francis Marion Young 1938 Fort Laramie and the Pageant of the West, 1834-1890. A. H. Clark, Glendale. Hammerson, Geoffrey A. 1999 Amphibians and Reptiles in Colorado. University Press of Colorado and Colorado Division of Wildlife, Denver. Hydrosphere Resource Consultants, Inc. 2007 Irrigated Acreage Served by Ditches Diverting from the South Platte River Downstream of Denver. Electronic Document, http://www.scribd.cam/dac/191439/Ditch-Areas. accessed March 6, 2009. Justice, Noel D. 2002 Stone Age Spear and Arrow Points of California and the Great Basin. Indiana University Press, Bloomington. 8-2 Cultural Resource Inventory St. Frain to Latham-Hambert Pipeline Project Weld County, Colorado Madsen, David.B. 1980 Fremont/Sevier Subsistence. In Fremont Perspective, edited by David B. Madsen, pp. 25-34. Antiquities Section Selected Papers No. 16. Utah State Historical Society, Salt Lake City. Mehls, Steven F. 1984 Colorado Plains Historic Context. Office of Archaeology and Historic Preservation, Colorado Historical Society, Denver. Mehls, Steven F. and Carol Drake Mehls n.d. Weld County Colorado Historic Agricultural Context. Office of Archaeology and Historic Preservation, Colorado Historical Society, Denver. Murphy, Sheila 2007 Mineral Resources in the Boulder Area. Excerpted from Boulder, A Sight to Behold: Guidebook, Runnells, Donald D. 1976. Electronic document, http://bcn.boulder.co.usibasin/watershedigeology/minerals.html, accessed January► 8, 2018. Mutel, Cornelia F., and John C. Emerick 1992 From Grassland to Glacier: The Natural History of Colorado and the Surrounding Region (Second Edition). Johnson Books, Boulder. OAHP (Office of Archaeology and Historic Preservation) 2007 Colorado Cultural Resource Survey Manual. Colorado Historical Society, Office of Archaeology and Historic Preservation, Denver. Osterkamp, Waite. R. and Thomas C. Gustayson 1987 Chapter 6, Great Plains: Introduction. In Geomorphic Systems of North America, edited by W. L. Graf. Centennial Special Volume, No. 2. Geological Society of America, Boulder. Peterson, Roger Tory 1990 Field Guide to Western Birds. Houghton Mifflin Company, New York. Scott, Glen R. and Carol Rein Shwayder 1993 Historic Trail Map of the Greeley 1° x 2° Quadrangle, Colorado and Wyoming. Geological Survey, Department of the Interior, Geologic Investigations Series I-2626, Denver. Shaw, Charles E., and Sheldon Campbell 1974 Snakes of the American West. Alfred A. Knopf, New York. Silkensen, ken s en, Gregory M. 2000 The Farmers' High Line Canal and Reservoir Company: A Century of Change on Clear Creek. North Suburban Printing, Denver, Colorado. Simms, Steven R. 2008 Ancient Peoples of the Great Basin and Colorado Plateau. Left Coast Press, Walnut Creek. Cultural Resource Inventory 8-3 St. Vrain to Latham-Hambert Pipeline Project Weld County, Colorado Volk, R. W. 1972 The Denver Basin and Las Animas Arch. In Geologic Atlas of the Rocky Mountain Region, United States of America, edited by W. W. Mallory. Rocky Mountain Association of Geologists, Denver. Weatherbase 2018 https://www.weatherbase.comlweatherlweather. php3?s=41357&cityname=Longmont- Colorado-United-States-of-America, accessed August 16, 2018. West, E. 1998 The Contested Plains: Indians, Goldseekers, and the Rush to Colorado. University of Kansas Press, Lawrence. Wood, John J. 1967 Archaeological Investigation in Northeastern Colorado Parts 1 and 2. Doctoral Dissertation, University of Colorado -Boulder. Yohe, R.M., II, and J.C. Woods 2002 The First Idahoans: A Paleoindian Context for Idaho. Idaho State Historical Society, Boise. Zier, Christian J. and Stephen M. Kalasz 1999 Colorado Prehistory: A Context for the Arkansas River Basin (with contributions by Mary W. Painter, Mark Mitchell, Amy Holmes, and Michael McFaul). Colorado Council of Professional Archaeologists, Denver. 8-4 Cultural Resource Inventory STATE OF OLOKkDO John W. Hiick.enlooper. Governor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-692a Located in Glendale, Colorado (303) 692-3090 httpi/wwwecdphe, staterco, us June 21, 2012 Paul Schneider, Sr Staff EHS Rep Kerr McGee Gathering LLC 1.099 18 St Ste 1800 Denver, CO 80202 RE: Renewal of Permit/Certification Administrative Continuation For: Area 3 Kerr Located at: See Map in File, Longmont, Weld County Permit No..:COR:039802 Dear Mr. Schneider; Colorado Department of Public Health .d Environment RECEIVED BY EMS rJUL 0 12012 The Division has received an application to renew the above permit/certification. It has been determined that there is sufficient information to make this permit/certification eligible for renewal. More inforrrration may be requested by the Division as progress is made in developing a new permit/certification for the above listed facility, This information must be made available to the Division when requested to complete the permit process. The Division is currently in the process of developing a new permit or master general permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. When the discharge permit issued toyou for your facility expired on June 30, 2012 your permit is administratively continued and remains in effect under Section 104(7) of the Administrative Procedures Act, C.R.S. 1973, 24-4101, et seq (1982 reps. vol. 10) until the new permit/certification is issued and effective. All effluent permit terms and conditions in your current permit will remain in effect until your new permit/certification is issued and effective. PLEASE KEEP "Pais LETTER WITH YOUR PERMIT AND SWMP TO CONTINUATION OF PERMIT COVERAGE. Sincerely, he -Mk Debbie Jessop Permits Section WATER QUALITY CONTROL DIVISION xc: Permit File O STATE OF COLORADO ._1 Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdpheastate.co.us June 20, 2007 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Troy Person, Area Supt. Kerr-McGee Gathering LLC, 635 N. 7th. Avenue Brighton, CO 80601 303/655-4339 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: OR -039802 Area 3 Weld County Local Contact: Troy Person, Area Super. 303/6554339 Dear Sir or Madam: Colorado Department of Public Health and Environment eot Enclosed please find a copy of the new permit and certification which have been re -is sued to you under the Colorado Water Quality Control Act. Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one. See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit. Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at www.cdphe.state.co.us/wq/permitsunitistormwater or contact Matt Czahor at (303) 692-3517. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL 1TROL DIVISION xe: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY O TROL DIVISION TELEPHONE: (303) 6924500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR-030000 STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number COR039802 This Certification to Discharge specifically authorizes: Kerr-McGee Gathering LLC LEGAL CONTACT: Troy Person, Area Supt Kerr-McGee Gathering LLC 635N. 7thAvenue Brighton, CO 80b0.1 Phone # 303/655-4339 troy.person@anadako.com LacAL, CONTACT: Troy Person, area Super., Phone # 303/655-4339 troy. p erson t'a,�acn adako. porn During the Construction Activity: Oil. & Gas Field Development to discharge stormwater from the facility identified as Area 3 which is located at: map in file near Longmont Longmont, Co Latitude 40.17, Longitude 105.01 In Weld County to: St. Vrain Creek -- South Platte River Anticipated Activity begins 4313012006 continuing through 12l3112008 On >5 acres {>5 acres disturbed} Certification is effective: 47101I2007 Certification Expires: 06/30/2012 Annual Fee: $245.0{3 (DC! NOT PAY NOW - A prorated bill will be sent shorty.) Page 1 of 22 STATE OF COLORADO ..a Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http:i/www.cdphe.state_co. us June 20, 2007 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 892-3090 Troy Person, Area Supt. Kerr-McGee Gathering LLC, 635 N.7th Avenue Brighton, CO 80601 303/655-4339 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: OR -03 98 03 Area 2 Weld County Local Contact: Troy Person, Area Super. 303/655=4339 Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the new permit and certification which have been re -issued to you under the Colorado Water Quality Control Act. Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one. See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit. Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at www.cdphe.state co .us/1w ennitsunitistonnwater or contact Matt Czahor at (3 03) 692=3517. Sincerely, Kathryn. Dolan Storrnwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File f STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER CUPS GENERAL PERMIT COR-030001) STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number COR039803 This Certification to Discharge specifically authorizes: Kerr-McGee Gathering LLC LEGAL CONTACT: Troy .Verson, Area Supt Kerr-McGee Gathering LLC 635 N. 7th Avenue Brighton, CO 80601 Phone # 303/655-4339 troy.person@anadako.com LOCAL CONTACT: Troy Person, Area Super., Phone # 303/t555-4339 troy.person@anadaka.com During the Construction Activity: Oil & Gas Field Development to discharge stormwater from the facility identified as Area 2 which is located at: map in file near Greeley Greeley, Co Latitude 40.364, Longitude 104.899 In Weld County to: St. Vrain Creek -- South Platte River Anticipated Activity begins 03/30/2006 continuing through On >5 acres (>5 acres disturbed) Certification is effective: 07/01/2007 Certification Expires: 06130!2012 Annual Fee: $245.00 (DO NOT PAY NOW — A prorated bill will be sent shortly) Page 1 of 22 r 4014750 C5/08/2014I 10 53 AM Total Pages 3 Rec Fee 521.00 Steve Moreno - Clerk and Recorder, Weld County. CC RIGHT-OF-WAY GRANT • f "�p.�' R ems'! " 4 tan , THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of f a , 2013. from Alfonso Acosta and Lorena Acosta, whose address is 16312 County Road 29, Platteville, Colorado 80651 ("Grantor: whether one or more), to KERR-MCGEE GATHERING ILO, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800. Denver Colorado 80202 KMGGI. The p `rtie:s agree as follows. For and in consideration of Ten Dollars ($104010) and other good and valuable considefatiion, the receipt and sufficiency of which are hereby acknoledged. Grantor hereby grants. conveys and warrants unto + MGG", its successors and assigns a perpetual right-of-way and easement to survey, construct, maintain. inspect, operate„ repair. replace, modify, change the size of, reconstruct. mark, monitor, abandon or remove and release, at KMGG`s election. one or more pipelines. electric power lines, data transmission lines and equipment.. and all below wound appureroances. - and with written Iandowrer permission above ground appurtenances - r.ecessa,ry or ccnven ent for the transportati.on or transmission of oil has, petroleum products, water, ele:ctric:ty, electronic data, hydrocarbons and any other substances_ whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or Mixtures of any of the foregoiino. in, on, over, under. or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 66 WEST, G° PM Section 9e....Lot Recorded Exemption No. 1211-C9-3 RE -3502, recorded October 10. 2003 at Reception No. 3116104, being a part of the Southwest Quarter (W/4) The route and course of the right-of-ways and easement conveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit ''A'" attached hereto and made a part hereof. The Width- of the Right -of -Ways Lands ;s one hundred feet 000') during construction, and subsequent to construction the width of the Right -of -Way Lands is seventy-five feet .(75). if there is a deviation in the Right -of -`,day Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right -of -Way Lands. From time to time after the initial construction: of the pipeline(s'). 'CMGG may require the use of the construction work . space depicted on said Exhibit "A to survey, construct, nia`ntain, inspect operate, repair, alter replace. modify., change the size of. reconstruct. mark, monitor, abandon or remove the pipeline(s) together with appurtenances.. KtvIGG may use the construction work space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use. Grantor represents and warrants to KrvIGE3 that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of riot less than 36 incries below the surface of the ground Grantor agrees not. to increase or decrease the surface ele:v►atoon on the Right -of -Way Lands without KMGG's prior written permission. KMGG shalt repair andIor restore any fences) on or adjacent. to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by I+G. If necessary to prevent the escape of Grantor's livestock. KMGG shall construct temporary gates or fences in those areas affected by MGG's operations as provided for in this Grant. To he extent reason -ably practicable and within a reasonable period of time after completion of construction KMGG shall bevel and restore any lands affected by KIVI.GGs operations that have excessive settling and sha"1 sufficien ly compact the soil to the condition that existed at the time immediately prior to the placement of GG's pipeUne(s)_ Grantor agrees that Grantor will not buid, create, or construct. or permit to be built.. created or constructed., any obstruction. building, fence, reservoir, engineering works or other structures or improvements over under., on or across the Right -of -Way Lards without the prior written consent of ISM a G. KMGG shall have all rights, privileges and benefits necessary or convenient for the .full use and enjoyment of this Grant, including but not limited to the rights of ingress and. egress over and across Grantors lands lying adjacent to the Right -of -gay Lands for any and all purposes necessary or inc rental to exercising K MGG`s rights hereunder Grantor agrees that at KIVIGGPs option, KMGG may pay and discharge any taxes, mortgages or liens existing,, levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands_ except for any damage to structures or improvements placed iin the Right -of -Way Lands contrary to the terms contained d herein, and Grantor shall pay. for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right-of-ways Lands. Grantorshall have the right to use and enjoy the Right-of-way Lands., subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by. Grantor and by an authorized representative of KMG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMG. KMGG shall record an original of this Right -of -Way Grant or .a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF. Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. Grantor: Alfonso Acpst i' Lorena Acosta STATE OF COLORADO 55, COUNTY OF WELD The foregoing instrument was acknowledged before me this Alfonso Acosta and Lorena Acosta, Witness my hand and official Seal, My Commission Expires: recarafric nie 7 (SEAL) ��day a Notary Public: ;' :"` Sitti Address.. VIRGINIA BLAIR AUSTIN NOTARY PUBLIC STATE OF COLORADO NOTARY 1O * 20 1 3,4010160 ' CokiimBelOsi EJP1pl# FEBRUARY 08 2017 S I c C. twat a a CENTERLINE RIGHT OF WAY a I ■ 6t HOM 4 I -'. - p!t C U cc Cr 0 0 L C a)2 o- 3• w of) ics- '62 ai 0. LI. ~ . I* T_ Stela 'QMAL CENTERUNE LENGTH: a `rte O H ■ Irmo ct Xi am, C) O 2 Lu O U z 1 cx 0 z F- mar {ter — 0 3 tL �• • CL - I in T l0 F Qom••. r C. CI O L� L' �. x t- - - if. ` E w t r. V t _ 1. --. .R s • , Ii 3 r r IN g n is- i'''-' S 1. 5 _V l' ci r* ... c - , l7 �� ti9< Y i I s a z L I � i r �, i' ". 14. 14 la lc c L •; 8 .t �` ..z } i vl J t C.aY ,•r ilt;0u Al tza'S b' t1iI' �. S i 's 11 lf: t I N h.' E 7 al- 11 us .... f JJ' I 411tt ■5•r7 _- _ -te krt • • r a. W :r 4„ :2 t 11' . It ba.. 1.. _ati, et -- r '" !! 4 r _ I MMM i la jA}�� a C � � } F� a P 1 3 i s�:a . -C I i I a-' R S in ` . I:A at, 13 e- y i O : : .15.-5 _,-.; 1x4,3• to et ft il s g 1 -.:' n 1 ... r\it,p—r J>•S f I)RM - Physacarl Content Submittal Sheet Palle 2 of Land>> Lease>> Lease O0002537563 Sender Name: .lidi-ew Matej Date Created: 12/19/2014 Barcodde Expires: 01/18/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute Value Description REC COPY LEASE - ALF0NSO ACOSTA AND LORENA ACOSTA Document Date 09/09/2013 Lease Document Type Surface/Easement/ROW New Lease Packet Yes New Well bando(F NC) Lease Number Suffix 134.2973000 File Key 9829924 Group Code SUR Lease End Date 12/31/2099 Lessor Name ALFONSO ACOSTA AND LORENA ACOSTA Prospect Name VIA PtNBERG GATHERING titDS-1 RLA,1-1 SURFACE (INGG) A-42101057 State County United States:Colorado:Weld.(326005123) Create another submittal sheet: New I Based on this one Create another New Lease Packet: New .Based on this one Edit this submittal sheet Home http:thilawe /UiAiview_sheet sp?ss_jd-10002 37562,DOOO25375 }JO 375 4,D000... 12/19/2014 4014749 05,08.12014 10:.53 AKA Total Pages.. Ree Fee: $21,00 Steve Moreno - Clerk and Recorder, Weld County, CC RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this 6th day of February.. 2014, from Charles T. Anderson. whose address is 1 900 County Road 36. Platteville. Colorado 80651 '{Grantor," whether one cr more), is KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 50202 ("KMGG") . The parties agree as fctlows7 For and in consideration of Ten Dollars ($10.00) and other good and valuable consideraton, the receipt and sufficiency of which are hereby ac.' noowied ed, Grantor hereby grants, conveys and warrants untc ::K;EGG", its successors and assigns, a perpetual right-of-way and easement to survey, construct maintain:, inspect, operateh repair, replace. modify, y, change the size of, reconstruct. mark, monitor. abandon or remove and release, at KMGG's election, one or moire pipet nes, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil, gas. petroleum products, water, electricity, electronic data. hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated. in Weld County, State of Colorado. being described as follows: T D' N HlP 3 NORTH, RANGE. 66 WET, BT PM Sec; on a: The Southeast Quarter (SE/4) except those portions as descried in that certain Warranty Deed recorded April 10, 1989 at Reception No. 2176009 of the records of the Clerk and Recorder of Wed County, Colorado. The route and course of the right-of-way. and easement conveyed hereby (' Ri ht -of -d ay Lands") are more particularly described on Exhibit °A" attached hereto and made a part hereof. The width of the Right -of -Way Lands is one hundred feet (1 DOE) d-urtng construction, and subsequent to construction the width Qf the Right -of- ay Lands is seventy-five feet (75'). if there is a deviation ii the Right -of -Way Lands as constructed, then Grantor agrees that upon request from KIVIGG the parties will execute a Notice of Pipeline Location along with an as -wilt survey plat to amend the description of the Right -of -Way Lands. From time to time after the: initial construction of the pipeline(s), KMGG may require the use of the construction work space depicted on said Exhibit "A.. to survey. construct, maintain, inspect, operate. repair. alter, replace, modify. change the size of, reconstruct. mark, monitor, abandon or remove the pipeline(e) together with appurtenances, KIVIGG may use the construction work space from time to time in connection With the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use_ Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has fell rig'ht power and authority to enter into this Gran. Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than (forty-two) 42 inches below the surface of the ground_ Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written perrnssi.on. KfiAGG shall repair and/or restore any fence(s) on or adjacent to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KtviGG. if necessary to prevent the escape of Grantor's livestock. KIVIGG shall construct temporary gates or fences in those areas affected by KMGC's operations as provided for in this Grant. To the extent reasonably practicable and within a reasonable period of time after completion of constructor. 1' .MMMGG shad level and restore any lands affected by KMG's operations that have excessive settling and: shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KM I ►G"s pipeline(s). Grantor agrees that Grantor will not build. create, or construct. or permit to be built. created or constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG. KMG.G shall nave ail rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantor's lands. lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising MGG's rights hereunder_ Grantor agrees that at KMGG's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed an or against the lands burdened by the Right-ofaWay easement. If KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, .shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damag€.s resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from .Grantor's activities on the Right -of -Way Lands., Granter shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assignedin whole or in partand the terse conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KM�GG. KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grantin the records of the County in which the Right -of -Way Lands are located, By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms andconditions hereof. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. Grantor: Charles T. Anderson STATE OF COLORADO COUNTY OF WELD SS. The foregoing instrument was acknowledged before me this 6th day of February. 2014, by Charles T. Anderson. Witness my hand and official Seal. My Commission Expires: e VIRGINIA BLAIR AUSTIN NOTARY PURLiC STATE OF COLORADO NOTARY Id t 20134008164 MY COMMISSION EXPIRES FEBRUARY DS, 2017 (SEAL) Notary Public: r '1/24r - Address: _(21 A 6 MIMS it/ LIS S 3 G Zi Off: 341 411134Q�d ,La t \\\ \ ii\e 5 I \\\? \:• �,• ki 1/ \, \\scco:V)\#;\ Lu \\A ek 604. cit k1c\ I Ifif U C, 2 LL.I Z st CD uJ Lu U Cr DIEM Physical Content Submittal Sheet Page 2 of 6 Land » Lease » Lease D0002537687 Sender Name: Andrew Mate] Date Created: 12/22/2014 Barcode Expires: 01/21/2015 Department: Land Record Security: Non -privileged BLACK AND WHITE DOCUMENT ttribu Value a ript n REC COPY RIGHT OF WAY = CHARLES T ANDERSON [ rri. n date 02/06/2014 C a Docurr��nt Type Surface/Easement/ROW Yec New L a e Pa ket No L Numb r l f x 1342971000 file a 9829921 roue Code SUR Lease End Cate 1431/209'9 Lessor amp I� CHARLEH T ANDERSON Prospect Name WATTENBERG GATHERING MIDSTREAM SURFACE (KMGG)/A-421 11067 State County United 5kete:s;ColcradtrWeld(326005123) Create another submittal sheet: New I Based on this one Create another New Lease Packet: New I Based on this one Edit this submittal sheet Home I,ttp://u_-ia_wehtM ,ILA/view_sheetjsp?ss_ih 1000 537686,[0002537 }I000253768 00000.. 12/22/2014 4014748 05/08,2014 10:53 AM Total Pages: 3 Rec Fee: $21..00 Steve Moreno - Clerk and Recorder, Weld County, CO RIGHT-OF-WAY GRANT TICS RIGHT-OF-WAY GRANT "Grant) is made this /&l day of August, 2013 from Barclay Farms, LLCI. a Colorado limited liability company. whose address is 13017 County Road 30, 'Platteville, Colorado 80651 ("Grantor," whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company. whose address is 1099 18th Street, Suite mo. Denver, Colorado 80202 ("KMGG"}. The parties agree n follows: For and in consideration of Ten Dollars ($10,00) and other good and valuable consideration, the receipt and ysufficiency hereby of which are hereby acknowledged, Grantor grants_ conveys and warrants unto " GG"1 its successors and assigns, a tp/erpetua[ r7ght-ofa ay and easement to survey, construct, maintain, inspect, operate. repair. replace, modify, change the size of, recorstruct, mark. !mionitor. abandon or remove and release, at KMG 's election, one or more pipet ryes. electric power fines, data transmission lines and equipment, and au appurtenances, below andfor above ground, necessary or convenient IT- the transportation or transmission of oil, gas. petroleum products, water electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid» solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado. beingdescribed as follows, TOWNSHP 3 NORTH, RANGE €6 WEST, 6TH PM Section 2: Lot B of Recorded Exemption Rio. 1211 -02 -3 -RE -2429 recorded July 28, 1999 at Reception No. 2709744, being a part of the South Half (312) and also the South Half(S/2) except a parcel described as Lot A of Recorded Exemption No. 1211 -02 -3 -RE -2429 The route and course of the right-of-way and easement conveyed hereby ("Right -of -Way Lands") are more pars cuiady described on Exhibit ",A, attached hereto and made a part hereof. The width or_ the Right -of -Way Lands is one hundred feet (100') during construction, and subsequent to construction the width o€ the Right -of -Way Lands is seventy-five feet (751 If There is a deviation in the Right-of=Way Lands as constructed, then Grantor agrees that uoorl request from 'KtiAGG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right-of-VI/ay Lands. From time to time after the initial construction of the pipeIine(s). KMGG may require the use of the construction work space depicted on said Exhibit "A" to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct., mark., monitor, abandon or remove the pipeline(s) together with appurtenances. KNIGG may use the construction work space from time to time in connection with the rights granted hereby provided it gives Grantor reasonable notice of such use and provided further that it restores the sane as provided below when not in use Grantor represents and warrants to KIVIGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant, Any pipelines ar dlor appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without K ►MGG's prior witten pe issior_ KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of -Way -Way Lands that are removed or severed by KMGGin the course of the operations provided for in this Grant to the condition such fe^oe was in prior to its removal or severance by KMGG. If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by 'KGGys operations as provided for in this Grant. To the extent reasonably practicable and w+wilhir^ a reasonable period of time after completion of construction, KMGG shall level and restore any lands affected by KMGG's operations that have excessive settling and- shall sufficiently compact the soil to the condition that existed at the tine immediately prior -o the placement of KMGG's pipeline(s). Grantor agrees that Grantor will not build.. create, or construct or permit to be built. created or constructed, any obstruction wilding, g, fence reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KrAGG. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grai, inducing but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Rightrof=Way Lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder. Grantor agrees that at 1G 's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option., KMGG shall be subrogated to the rights of the party to whom payment is made. and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties. or any other amounts otherwise payable to Grantor from 111CG. KMGG shall be obligated to pay for repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor she pay for, reimburse, indemnify and holdGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shallhave the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant cannot be modified except by an instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions. and provisions of this Grant are a covenant running with the land and shall extend to and be binding: upon the successors and assigns of Grantor and of KMGG KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located, By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shah he deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts,, each of which shall be considered one and the same agreement. IN WITNESS HEREOF. Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written_ Grantor: Barclay Farms, LLC, a Colorado Limited liability company By: Chris Barclay, Registered Agent STATE OF COLORADO SS. COUNTY OF WELD .244 The foregoing instrument was acknowledged before me this 1O day of 2013, by Chris Barclay as registered agent, on behalf of Barclay Farms, LLC, a Colorado limited liability company. Witness my hand and official Seal. My Commission Expires:. Notary Public Address: (SEAL) VIRGINIA BLAIR AUSTIN NOTARY Pueuc STATE OF COLORADO NOTARY 10 0 20134008160 �IiTW C.ONIIMSS1QN EXPIRES FEBRUARY la 20t7 T— ar alQ■ to Leico rs4 a% No tia 47 r`a CID rig "Xi mc 5 CENTERLINE RICH s$ In BARCLA Y FARMS LPLC Nil 2 D - O4,0 co mcr 00 N Z o- 0 in 3 clo co co) z a' _Jw ssasiti•.r;; I y. re U Cr, eq CNI Ce et Lai QC Ott G_-)C1C 1L-1 cir re? '+.'% '. ��htlit j }r 5 • 7 • -77- ,' '4_ n r 41-'7 �' ' �� yy7,\ is vs f . / • 1 bD � z.v"0C9Z „L ► ,O1.C2 S E SISTiNG PIPELINE 0 Nj at jib ✓ n 14-4 • 4 I , Psi i� 4.4 pire 151, lAt A GRASS LA al Ird O Lai LU t O UI O CC IX a ce 0 zo 0 0 I — Inc v4P kL iT r.I I tabi '-C a z re} 4 � 2 v L -> 1 I 0.1- .L. a r-A.c — r 5' — z - } t �- r- ;-• • P 4 w 1 �. a * , t € L r. r are, i -. bn L aAlk ;I 12 ! e a Zga L r 3e L i44 i i k .... ....... tp -,;.• Ir i sr a- s j q u I or t -69 • r t• - rt ' i [ARM - Physical Content ubmittal Sheet ge 1 o 4 Land>> Lease>> Lease D0002537474 Sender Name: Andrew Matej Date Created: 12/19/2014 Barcode Expires; 01/18/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Vah ie Attribute Description REC COPY LEASE - BARCLAY FARMS LLC Date OS/13/2O13 Document Lease Document Type Original Lease New Lease Packet Yes New Well t Handoff No Suffix 1142930000 Lease Number File Key 9829964 Grou p Code SUR Lease End Date 12/31/2099 Lesser Name BARCLAY FARMS LLC Prospect Name `SURFACE (KMGG)IA-421O1O67 lAIATTENBERG GATHERING MIDSTREAM United States-Colorado:Weld(326OO5123) State County Create another submittal sheet: Nev.; I Based on this one Create another New Lease Packet: New L Based. on this one Edit this submittal sheet Home hitp://urawch/ i l iview_sheet jsp?ss_id D0002537474j0002 7475. 00253 7476J000... 12/19/.2014 4O14746 05(08/2014 1O:52 AM Total Pages. 3 Rec Fee. $21 00 Steve Moreno - Clerk and Recorder. Wield County, CO RIGHT-OF-WAY GRANT r' .. J � THIS RIGHT -OF= AY 'GRANT ("Grant) is made this day of December. 2013, from Scott D. Birmingham, whose address is 7064 Alturas Place, Loveland, Colorado ao&ae ("Grantor," whether one or more), to KERR-MCGEE GATHERING LLCF a Colorado limited liability company, whose address is 109'2 1Bth Street, Suite 1800, Denver. Colorado 80202 ("KMGG"). The parties agree as follows. For and in consideration of Ten Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledges, Grantor hereby grants, conveys and warrants unto "KMGGt', Its sucoes.sors and assigns, a oerrpetual light -of -way and easement to survey, construct maintain, inspect, operate,, repair, replace,. modify. change the size ofe reconstruct„ mark, monitor, abandon or remove and release. at KMGG% election. one or more pipaiir1es electric power lines, data transmission lines and equ pment. and all appurtenances. below arici:or above ground, necessary or oo-nver'ient for the transportatio � or transmission of oil.. _gas„ petroleum products, water. eleetticity, electronic data, hydrocarbons and any other substances,, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing., in, on, over, under, or through a portion of the lands situated in Weld County, State of Colorado. being, described as follows: TOWNSHIP HIP NORTH. RANGE 86 WEST, r PM Section : A part of Lot B of Recorded Exemption No, 1211-09-3 -3802. recorded October 10, 2003 at Reception No. 31161.D4o also being a part of the Southwest Quarter (SW/4). The specific route and course of the right-of-ways and easement conveyed hereby ~:Right -of -Way Lands") are more particularly deserted on Exhibit "A" attached hereto and made a part hereof. The width of the Right -of -Way Lands is one hundred feet c1OO`1 during construction, and subsequent to construction the width of the Right -of -Way sands is seventy-five that (751) (the resulting difference. is referred to herein as the `Construction Work Space'). Upon request. KMGG will provide Grantor with an as -built survey plat to evidence the existence of the irr pravemerts within the R.i fit- f -Way! Lands. From time to time after• the initial construction of the pipeline(s), K. GG may require lie use of the Construction Work Space depicted on said Exhibit ..A., to survey. construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of reconstruct, mark, monitor_ abandon or remove the pipelines) together with appurtenances. KMGG may use the Construction Work Space from time to time in connection with the rights granted hereby_ provided it gives Grantor reasonable notice of such use and provided furtter that it restores the same as provided below when not in use. Grantor represents and warrants to KMGG that Grantor is the sole owner, in fee simple, of the Right -of - Way wands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant_ Any aipelines ana ilor- aopurtenances to be const mote -d underground pursuant to this Grant the be planed at a depth of not less than 36 inches. below the surface of the ground. Grantor agrees not to materially increase or decrease the surface elevation on the Right -of -'ay Lands without MGG`s prior written permission KMGG shall, at its sole cost and expense, ,€pair and/or restore any fer:ce(s) on or adjacent to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMGG. if necessary to prevent the escape of Grantor's livestock. KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for rn this Grant. To the extent- reasonably practicable and withimin a reasonable period of time after completion of construction. *AGO shall, at its sole cost and expense, level and restore any lands affected by K GG s operations Mat have excessive setiling and shall sutfic ehtly compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s). '< MSG shall also, at its sdzse cost and expense, re -vegetate any disturbed areas with native grasses acceptable to Grantor and shall maintain the Right -of -Way Lands to be free from weeds and other noxious plants for so long as this Grant remains in existence. Upon receipt of notice from Grantor or any governing agency that the Right -of -Way area is in need of maintenance or weedcontrol, KNAGG shall promptly comply with such note. if KM -GC fails to maintain the Rigtrt-of-W y area,. Grantor shall have the right to perform, such maintenance and invoice KMGG for all costs and expenses incurred which invoice shall be paid upon demand. Amounts not paid shall accrue interest at the rate of 1 1/2% per month until paid in fall. Grantor agrees that Grantor will not build, create, or construct, or permit to be built. created or constructed, any cbstru.ciion, building, fence. reservoir, engineering works or other structures or Right, of Way Grant 0344,1 CIO 1029 aOC 1 97101 a9.1 Day 1 4014746 05/0812014 10:52 AM Page 2 of 3 improvements over under, or or across the 'light -of -Way Lands without the prior written consent of KMGG, which consent shall not be unreasonably withheld or delayed KMGG shall have all rights., privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including the rights of ingress and egress over ar'd across the Fight -of -lay lands for any and all purposes necessary or incidental to exercising KIAGG's rights hereunder. Any ingress and egress to Grantor's lends adjoining the Right -of -Way lands will require at teat 45 hours' notice arc verb& permission from Grantor Grantor agrees that at KMMGG's option, KMGG may pay and discharge any taxes, mortgages or liens existing. levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option, KMGG shall be s hrogated to the rigs of the party to whom payment is made, and in addition to its other rights_ may reimburse itself osic of any rentals. royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from K�Yj11�fAoi��p5. KMGG shall be obligated to indemnify, defend and hold Grantor harmless from and against any claims or damages resulting from < GG's activities and operations on the Richt-of-Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein. Grantor shall pay for, reimburse, indemnify and hold KMGG harmless 'rain any and all clams or damages resulting from Grantor's activities on The Right -of -Way Lands. Granter shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant Cannot be modified, except by an irnstrument in writing signed by Grantor and by an authorized representative of KMGG The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of tit Grant are a covenant running with the land and shall extend to, and be binding upon the successors and assigns of Grantor and of MC -G, Upon transfer of the Right -of -Way Lands all personal liability of the signatory, Grantor shall cease and be autom.atcally assumed by the s.UcceSSOr owner of the Right -cif -Way Lands Upon reque-st following a transfer of the Right--of-Way Lands, KMGG shall provide Grantor with a written statement indicating tat the Grant remains in €tl force and effect. that the right-of-way obligations run with the land acid. if accurate, that no defaults exist hereunder. KMGG shall record an original of this Right -of -412y Grant or a Memorandum of Right -of -Way Grant in the records of the County n which the Rght-oPray !._ands are located_ Sy. recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grans, KMGG shall be deemed to have accepted all of the terms and conditions hereof - IN WITNESS WHEREOF, Grantor has agreed to and OceePted this Right -of -Way Grant as of the date first above written. Grantor: a It- Tr T • Ott D. Birmingham STATE OF COLORADO COUNTY OF WELD se ism _e. c_ - 5:TME At0 Azgiv-iVin•4j° }'er _4 The foregoing instrument t was acknowledged before me this, r� day of ._;:.aind..y 1f by oaf e D_ } 8irrn ngharr , Witness my hand and officinal Seal= My Commission Expires. to d �. Notary Puto Address. : V t of Way Gram 2 fB4p 1 G01 0bra.L 01197'1O159.1 DOG 1 wwww �.^............... .••b..nu.t ,. - _ ,. It 0�� R • n ;—> r �` >w tkii 6� T1 v••� 1.w..:.... 'y, R „a. ii .T.VSpde, r CI I., H7- a 9R9 ?i Y: + A I os i in A41a45? y e i4 C. I J I a 4 a- st I'h • �.y F i- r. It eittirit I • t : 1 • ZN ,` • = a4 Marc A WD RSOT'J —.J Tar K IN '0 • goo IteN O c r. kilW tdci q a LA_o ;EL, yrEa- Eloquhre 4 4R SSS. 4 K 3 4 4.- 17.- 4,„ c Lit: ID ic rag ow c •a r tri 4.e .. a k µ -c re.", ;" 3§ a 4 . 4 ik VI t [c JO C a6ed V Z9-01 LOZ/80/90 9PL1' LOP V RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of December. 2013, from Scott D. Birmingham, whose address is 7084 ,Mures Plact Loveland. Colorado 30533 ("Grantor," whether one or more). to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street., Suite 1800, Denver, Colorado 80202 ("KMGG""). The parties agree as follows: For and in consideration of Ten Dollars ($10400) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto "KMGG". its successors and assigns, a perpetual right-of-way and easement to survey, construct. maintain, inspect, operate. repair, replace, modify, change the size of, reconstruct, mark., monitor, abandon or remove and release, at KMGG's election, one or more pipelines,., electric power lines, data transmission lines and equipment, and all appurtenances, below anddcr above ground., necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electron is data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products derivatives, combinations cr mixtures of any of the foregoing, in, on, ovEer, under, or through a portion of the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 66 WEST,, 6TH PM Section 9: A part of Lot 6 of Recorded Exemption No, 1211-09-3 RE -3602, recorded October 10, 2003 at Reception No. 3116104, also being a part of the Southwest Quarter (S /4) The specific route and course of the right-of-way and easement conveyed hereby ("Right -of -Way Lands„) are more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the Right -of -Ways Lands is one hundred feet (100') during construction,, and subsequent to construction the width of the Right -of -Way Lands is seventy-five feet (75') (the resulting difference is referred to herein as the "Construction Work Space"). Upon request, KMGG will provide Grantor with an as -built survey plat to evidence the existence of the improvements within the Right-of-r'ay Lands, From time to time after the initial construction of the pipeline(s)„ KMGG may require the use of the Construction Work Space depicted on said Exhibit "A" to survey, construct, maintain., inspect, operate, repair, alter, replace, modify. change Me size of, reconstruct. mark, monitor, abandon or remove the pipeline(s) together with appurtenances. KMGG may use the Construction Work Space from time to time in connection with the rights granted hereby. provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use. Grantor represents and warrants to IlVIGG that Grantor is the sole owner, in fee simple, of the Right -of - Way Lands subject to the burden of the Right of- 'ay and that Grantor has full right, power and authority to enter into this Grant. Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to materially increase or decrease the surface elevation on the Right -of -Way Lands without KMlGG's prior written permission. KMGG shall, at its sole cost and expense1, repair and/or restore any fence(s) on or adjacent to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was tin prior to its removal or severance by KMGG. If necessary to prevent theescape of Grantor''s livestock, KMGG shall construct temporary gates or fences in those areas affected by MG G's operations as provided for in this Grant. To the extent reasonably practicable and within a reasonable period of time after completion of construction, KMGG shall . at its sole cost and expense. level and restore any lands affected by KM G"s operations that have excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s). KMGG shall also, at its sole cost and expense, re -vegetate .any disturbed areas with native grasses acceptable to Grantor and shall maintain the Right -of -Way Lands to be free from weeds and other noxious plants for so long as this Grant remains in existence.. Upon, receipt of notice from Grantor or any governing agency that the Right -of -Way area is in need of maintenance cr weed control, keilSO shall promptly comply with such notice. If KtVIGG fails to rnair..tain the Right -of -Way area, Grantor shall have the right to perform such maintenance and invoice KMGGI for all costs and expenses incurred which invoice shall be paid upon demand. Amounts not paid shall accrue interest at the rate of 1 1/2% per month until paid in full. Grantor agrees that Grantor will not build., create, or construct, or permit to be built, created or constructed, any obstruction, building, fence, reservoir,. engineering works or other structures or 'light of Way Grant DBO411001029.0001/9710159.1 DOC improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG, which consent shall not be unreasonably withheld or delayed. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including the rights of ingress and egress over and across the Right -of -Way lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder. Any ingress and egress to Grantor's lands adjoining the Right -of -Way lands will require at least 48 hours' notice and verbaJ permission from Grantor. Grantor agrees that at KMGG's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement. if KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights,.. may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG KMGG shall be obligated to indemnify, defend and: hold Grantor harmless from and against any claims or damages resulting tram KMGG's activities and operations on the Right -of -Way Lands, exceptfor any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein. Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted, This Grant cannot be modified, except by an Instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMGG. Upon transfer of the Right -of -Way Lands., all personal liability of the signatory Grantor below shall cease and be automatically assumed by the successor owner of the Right -of -Way Lands. Upon request following a transfer of the Right -of -Way Lands, KMGG shall provide Grantor with a written statement indicating that the Grant remains in full force and effect, that the rightf-way obligations run with the land and, if accurate. that no defaults exist hereunder_ KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of -Way Grant in the records of the County in which the Right-cf-Way Lands are located By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. STATE OF COLORADO ss- Si COUNTY OF WELD DENISE L PIERCE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2007400.8641 Via. COMMISSION EXPIRES MARCH 24, 2IjI55 The foregoing instrumentwas acknowledged before me this ' days of JaitLifilli 420111 by Scott D ;Ott Birmingham. Witness my hand and official Sea My Commission Expires: Aar Notary Pubic Address: 4 w Cir Right of Way Grant DB04/1001029 000119710159 1 DOC. 2 DR - Physical Content Submittal Sheet Page 1 of I I Land >> Lease >*> Lease D0002631904 Sender Name: Chuck Morse Date Created: 07/24/2015 Barcode Expires: 08/23/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute Value Description RECORDED AND UNRECORDED COPY RIGHT-OF-WAY GRANT MCGEE GATHERING BT 'N SCOTT D BIRMINGHAM & KERR= LLC Document Date r 12/26/2013 Lease Document Type Surface/Easement/ROW Nuw Lease Packet No New Well Handal No Lease Number Suffix 1348832000 File Key 9848435 SUR Group Code Lease End Date 12/31/2O99 Lessor Name scorr D BIRMINGHAM Prospect Name WATTENBERG GATHERING MIDSTREAM SURFACE (KMGG)/A=421010E 1 United States:Colorado:Weld(326005123) State County Create another submittal sheet: New I Based on this one Edit this submittal. sheet Home Ii ttp //ui eb/1JI. vie° s eet. j sp?ss_id—D'000 31904. action DO U .ENT 7/24/2015 3998632 02/27/2014 72014 08:36 AM Total Pages: 4 Rec Fee: 26 00 Steve Moreno - Clerk and Recorder, Weld County, CO RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this J f day of January, 2014, from i AARON CLVNC E and JAMES M. CLYNCKE INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOYCE CLYNCKE, DECEASED, whose address is 7260 Kipling, Arvada, Colorado 50005 (tremor," whether one or more), to KERR-MCGEE GATHERING LLS, a Colorado limited liability company, whose address is 1099 18th Street Suite 1800, Denver, Colorado 80202 C"KMGG")" The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto "KMGG", its successors and assigns, a perpetual right-of-way and easement to spur +ey, construct. maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove and release, at KMGG's election, one or more pipelines. electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil,gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, soled or gaseous, and any products, derivatives. combinations or mixtures of any of the foregoing, in, on, over,, under, or through the lands situated in Weld County, State of Colorado, being described as follows° TOWNSHIP 3 NOR`T`H& RANGE E 67 WEST, em PM Section 12: A tract of land located in the Southwest Quarter (S /4) more particularly described in that certain Warranty Deed recorded April 4, 1997 at Reception No. 2541339 of the records of the Clerk and Recorders Office of Weld County. Colorado The route and course of the right-of-way are easement conveyed hereby "fight -of- Way Lands"). are more particularly described on Exhibit. `A' .attached hereto and made a part hereof, The width of the Right -of -Way Lands is one hundred feet (100') during construction, and subsequent to construction the width of the Right -of -Way Lands is seventy-five feet (75'). If there is a deviation in the I ghtaof-Way Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right -of -Way Lands1 From time to tine after the initial construction of the pipeline(s), KMGG may require the use of the construction work space depicted on said Exhibit "A" to survey, construct, maintain, inspect, operate. repair, alter, replace, modify. change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with appurtenances, KIMGG may use the construction work space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use, Grantor represents and warrants 1c KMGG that Grantor is tee sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant It is agreed to and understood that KMGG shall not install any above ground appurtenances except for pipeline markers and test leads which shall be installed at property lines and road crossings. Any additional above ground facilities shall not be installed without the express Atrirter consent of the Grantors. their heirs. successors and assign. Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground, Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fenoe(s) on or adjacent to the Right -of -Way Lands that are removed or severed by leAGG in the Course of the operations provided for in this Grant to the condition suchfence was in prior to its removal or severance by !KMGG, If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. To the extent reasonably practicable and within a reasonable period of time after completion of construction, KMGG shall level and restore any lands affectedi by KMGGss operations that have excessive settling and .shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s) Grantor agrees that Grantor will not build, create, or construct., or permit to be built, created or constructed, any obstruction., building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KM"s rights hereunder. Grantor agrees that at KMG's option, KMGG may pay and discharge any taxes., mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG, KMGG shall be obligated to pay for, repair. replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms Contained herein, and Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands,. subject to the rights herein granted This Grant cannot be modified., except by an instrument in writing signed by Grantor and by an authorized representative of KMGG _ The rights granted herein may be assigned in whole or in part, and the terms, conditions. and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and. of KMGG, KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, K,MG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts each of which shall ibe considered one and the same agreement.. IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written_ Grantors: Aaron Glyncke ors M. Cly+ncke, Individually and as Personal Representative of the Estate of Joyce Cllyneke Deceased STATE OF COLORADO ) COUNTY OF m, The foregoing instrument was acknowledged before me this t day of January, 2014, by James M Clyncke, Individually and as Personal Representative of the Estate of Joyce Clyncke, Deceased.. Witness my hand and official Seal. p � My Commission Expires: / • I 1 (SEAL) STATE OF COLORADO S'S, COUNTY OF WELD Notary Public: Address O 1af DARLENE J KLOBERDANCE NOTARY PUBLIC STATE OF COLORADO NOTARY 10196741(S' itliNIAIS 1. EXPFFC S LINE 16 2017 The foregoing instrument was acknowledged before me this day of January, 2014, by Aaron Clyncke, Witness my hand and official Seal. My Commission Expires: i ti Shanda Spry Notary Public State of Colorado My ComnnIsion Expires 11 /1 I x' 5 (SEAL) L) C Notary Public Address: tri r �S '- 0 0 W r+4 VI CNI ti. U tiN -'J I I ,I I I I I j I e I EL i I i I i i a it I r I Sa I I I I 1 r f OAS O U-1 J Wtte z f - - Lai F-, YWC R 34 (NO ROAD CZ IIDIPA 0 d 0 a_ TOTAL CENTERLINE LENGTH: 1315.: ; FT (2.266 ACRES+) Alter utolilie.9 may i9 3�*WI m it riot to ccctiote or comptele. tteil 4 C sot tr W 0= I LI cct v6A-I CC S I T jai :Et 4— ci E c31icq 44 U r 3_ 05 In am t C Zp t I E 113 161 in • IU t"Y E • c ` 1 ALI �t JL r y A an 6 I !7 8 G T _2 1r Eu4-4 ati C Cl t :ice 41 u w mU Tr, e It; mat girt vl W 0 a CO •_ u v 6 g N! 4-4 t 4T4 mai Z. U Y r y -g2 tasi §t 5 i C gu il41 yy �2 ia r, r v 4' s t i 4,. - II 1 c0e45 c g A - If- .O � SE c .c 5) C W � o a X IF 4 aa o - in.Div ..oe 43 nisi'Ui _ 13n .... Dv ti p.5 E Li, v e c a 7.0 _At so .� a �DdF: sty E � rr° `v E g r C C � i"J _ Ff e S a 'rte.. A glivOlittrAl 11..-.D., O o r a `4 �ti -N U It E LA S 4 DRM - Physical Content Submittal Sheet Page 1 of 6 Land >> Lease » Lease D0002467335 Sender Name: Michele Belden Date Created: 08/12/2014 Barcode Expires: 09/11/2014 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute Value Description RIGHT-OF-WAY CRAN`r Document Date 01/10/2014 Lease Document Type Surface/Easem.ent/ROW New Lease Packet Yes New Well Handoff No Lease Number Suffix CO -500060074 File Key 2406661 Group Code !LSE Lease End Date 12/31/2099 Lessor Name AARON CLYNCKE ,ET AL Prospect Name WATTE:NBERG GATHERING MIDSTREAM SURFACE (KMGG)/A-42101067 State County COLD OO:WELD(123) Create another submittal sheet: New Based on this one Create another New Lease Packet: New I Sale&_o_n this one Edit this submittal sheet Home htup://u a eb l v sh etjsp?ss_id= D000 4 7335,1 0024 733 ,D000 467337,O0004.. 8/12/2014 3998634 02/27/2014 08:36 AM Total Pages: 4 Rec Fee: $26400 Steve Moreno - Clerk and Recorder, Weld County. CC RIGHT OF WAY AND EASEMENT That, for and in consideration of the sum of Ten Dollars & No/100 ($101)0) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, DCP Midstream LF, whether one or more, with a local. address of 3026 4th Avenue, Greeley, CO 80631, owner(s) of the real estate described in this Right of Way and Easement, (herein ''Grantor," whether one or more) does hereby grant, bargain, sell, assign, convey, and warrant to Kerr-McGee Gathering, LLC, with offices at 1099 184 Street, Suite 1800. Denver CO 80202 (herein "Grantee), a perpetual right-of-way and easement (the "Easement") with the right from time to time to survey,. Stall, lay, construct, operate, cathodically protect, inspect, tit, maintain, modify, upgrade, replace with the same or different size pipe or equipment, relocate, abandon in place, repair, alter the size of, environmentally remeidlate, replace, substitute, renew, reconstruct and remove (collectively "Operations") Five (5) pipelines and o n e electrical conduit for electric powerlincs, data tra r iss.ior lines and equipment (collectively, tin; "Pipelines") under, upon, over and through the land more particularly described herein below,within a route that is seventy live (75) feet in width, for the transportation of natural gas, petroleum, products, natural gas liquids, oil, water, electrkity, electronic data and any other gaseous or liquid substances, including electronic (whether or not hydrocarbons) that can be transported by pipelines in the county of Weld, State of Colorado as follows: Part of the SEMM of Sedan: 8, Township 3 North, Range 66 West of the 0 PM. and bcbrg more particularly described as Lot B o ` Recorded Exemption No. 1211 -08 -4 -RE! 752 TO HAVE AND TO HOLD the above -described Easement unto Grantee, its successors and assigns, all upon and subject to the following conditions, covenants and agreements: Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, together with the right of ingress and egress over, under?, across, and through said lands and said Easement. La order to conduct the Operations in connection to the Pipelines, Grantee may also use as temporary working space up to twenty Eve feet (251 in width adjacent and parallel to the Easement through said. Lands t.o effect such Operations. The location of the Easement is depicted on Exhibit A attached hereto. However, except in emergencies involving potential loss of life or damage or destruction to property or when Grantor cannot reasonably be looted, Grantee shall notify Grantor before entry upon the land for construction or other comparable operations involving substantial disturbance or alteration of the land or Grantor's property thereon. AR above ground appurtenances shall be placed within the receiver site which is depicted on Exhibit A, Grantee may not install any , power poles or cathodic protection equipment, without written consent of Grantor. Orraetee may install pipeline markers and test leads which shall be installed at property lines and roads as closely as possible to the fence lines. 1. Grantee shall have the right from time to time to cut. mow or otherwise remove all trees, undergrowth, overhanging vegetation, and other nbstructions from the Easement or any temporary working space, that in its judgment may injure, endanger-, or interfere with, the exercise by Grantee of the rights, privileges and easements herein granted. ., Grantee shall pay Grantor for any actual damages to growling cash crops, limber, drain tiles, existing fences, or buildings caused by Grantee's exercise of rights ranter herein on the raseineut or temporary working space except to the extent caused by the negligence or willful misconducts of Grantor-, its employees, tenants, agents} contractors, subcontractors, representatives, heirs, successors, or assigns. Grantor shall have the right to use and enjoy the surface .of the lands covered by this Easement; provided. Grantor shall not interfere with or impair, or permit others to interfere with or impair in any way, the exercise of the rights and privileges herein granted to Grantee nor construct any building, structure. reservoir, pond, or make any excavation or plant any tree or shrub on* across, over, or through the Easement Or change the grade over the Pipelines, without the prior written consent of Grant. 4. After the installation cf the Pipelines constructed within the Easement has been completed, Grantee shall furnish Grantor with "as�huilt" drawings of each of said Pipelines and/or other rrel.atedfacilities under, upon, over and through Grantor's property if different than as depicted on Exhibit A attaohed hereto. Prior to recording this Easement in the records of Weld County. Colorado, Grantee may substitute the "as -built" yawing as Exhibit A to this Easement and made a pert hereof if the "a6 - built" is different than the Exhibit A attached hereto. 5. Unless a greater depth, is mired by applicable law, rale, or regulation, the Pipelines shall be located within the Easement at a m nii nurin of four (4) feel below the surface of Datum! ground.. Page 1 of 3 3998634 02/27/2014 08:36 AM Page 2 of 4 other lien that has priority over this Easement, grantee shall have the right to discharge or redeem for Grantor, in. whole or in part, any such more, tax or lien, and thereupon shall be subro,ted to such liens and rights incident thereto: 7. In the event that the land to which this Easement including the temporary, working space pertains is subject to a lease to any test for fanning), ranching or any other purposes, Grantor shall be solely responsible for making settlement with any, such tenant or lessee for any, share of the compensation paid for thegranting of this Easement or for any. share of the damages that Grantee is otherwise required hereunder to pay to the end that Grantee shall never be required to deal with or pay compensation to any such lessee car tenant, and Grantee may, deal exclusively with Grantor. 8. Grantee shall pay all taxes which may be levied or assessed on the installation, use and operation of the Pipelines and Grantee further agrees to promptly reimburse Grantor for the amount of taxes which may be assessed against Grantor by reason of Grantee having installed its piping and related equipment uponthe real estate of Grantor covered by this Easement,. 9. Following construction and any subsequent repair or maintenance activities that require any disturbance of the surface of the land, Grantee shall promptly re Jade and, mess instructed 'otherwise by Grantor, shall reseed the surface of the Easement and temporary working space with native vegetation, and furthermore shall mitigate any resettling of the surface of the land to the reasonable satisfaction of Grantor until said Easement .hall he restored as nearly as practicable to its original condition. 10. Governing Law and Dispute Resolution. TIIIS AGUEMENT, ITS INTERPRETATION AND ANY DISPUTES ISING OUT OF. CONNECTED WITH OR RELATED TO IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. THE PARTIES HEREBY CONSENT TO PERSONAL JURISDICTION IN THE STATE OF COLORADO, AND AGREE THAT ANY DISPUTE AI [ Silk G OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN THE COURTS OF THE STATE OF COLORADO. 1 I, GRANTEE SHALL INDEMNIFY, DEFEND, AND HOLD GRANTOR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, THAT MAY ARISE FROM GRANTEE'S BREACH OF ITS OBLIGATIONS UrtsiDER THIS AGREEMENT, TO THE EXTENT THAT SUCH LOSS, COT, DAMAGE OR EXPENSE RESULTS FROM THE NEGLIGENCE, GROSS NEGLIGENCE WILFULL MISCONDUCT, STATUTORY OR STRICT LIABILITY OF GRANTEE. THE OBLIGATIONS OF THIS PARAGRAPH SHALL. APPLY EVEN IF ANY CLAIMS ARE ALLEGED OR PROVEN TO BE DUE IN PART TO ANY INDEMNIFIED PERSON(SY JOINT OR CONCURRENT NEGLIGENCE OR OT1HER FAULT, INCLUDING STATUTORY mearry OR STRICT LI,ILITY. 12.. Notices. All notices and other communications rcquired under this Agreement shall be in willing, and delivered personally or sent certified mail or via facsimis e to the party, set forth below: l 3.. The terms and provisions of this Easement shall constitute cove o s nts, a., ding with the land and shall be binding upon and inure to the benefit of the respective ,successors, assigns, personal representatives and heirs of the parties hereto. In the event of an assignmeat by Grantee of any of the rights granted hereunder, Grantee shall be relieved of so much of its obligations hereunder as pertainsto the rights assigned, and such obligations shall become the obligations of the assignee, 14. This Eas cnt may be ccccutcd by the parties hereto in any number of counterparts, each of which shall he deemed an original instrument, but alof which together shall constitute one and the same instrument. e2,71( EXECUTED and made effective this - day of ,2013.. 3998634 02/27/201 4 08:36 AM Page 3 of 4 GRANTOR p Midstream, 12 Lewes .it Hagenlac , Attorney In Fact ACKNOWLEDGEMENT STATE OF COLORADO SS. COUNTY OF WELD The foregoing a hstui intent was acknowledged before me "his trfv' y of . rw ma• , 2013, by kpwis D. Fagenl_o k, as Attornini Fact for DCP M dstrearny LP, who signed the thregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and in the capacity therein stag %r the uses and. purposes therein set forth, on behalf of said Grantor(s). Witness my hand and official seal, 1 . fi' My .Commission Expires: .t 4 Notary Public, RtCWAID L PIERSON NOTARY` MAIM STATE OF C ORADO NOTARY ;ID 19874159490 MY COMMISSION EXPIRti.S MARCH 2,, 2014 �_J L_L rft ys Se a etaiA co ae n- W co;xi Z N P If a. O . a a a_ 4 eat cri tra I�I N 84 it vg I Phcki ..pgvi trt II II S A�II i! r sat a. a. -1 Naar a. b. a. a 1 Ien Ik ed T SA NU pi! el sai) (71 ca CL te .12 CL. CO A I— LA P- L° • it M-- DiC41.13S 111 stir - 1 to i Zit ! . ' 0 P1 ...1f -f,, _. ' -"J e ▪ •I L Prier)Calr I B . - LS- ce N- I a 4 1 M 1 70 is Uoi tit 11.0 r a Q w on cccit La fricif Z 4 O ILI c 3 CC Lu Lai 1,O tee ■ e triS 4 act Si 0 A▪ l Nni ✓ m . t 2 I - a a V r -i X $ 11 61 in Ha 4,qt ' Sidi iliU 41' 13 .l'41 121112 t g ! tti Ftlil hi a 25 DII! illlin Fa 21-7gt tai tSilL �_rs wig Az F2 azigc IV! . J r p c�� 0- sa .Zreeert �'vi JF`. 17PP abed 9:901 I.0ZII2IZ0 i C9966C A RiGint o1' WAY AND EASEMENT That, for and in consideration of the sutra of Ten Dollars Noll(IX) (MOM) and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, DCP Midstream, m, 1..I', whether one or more, with a local address of 3026 4th Avenue.. Greeley, ,CO 8'0631, owner(s) of the real estate described in this Right of Way and Easement, (herein "Grantor," whether one or more) does hereby grant, bargain, sell., assign, convey, and warrant to Kerr-McGee Gathering, LW, with offices at 1099 le Street, Suite ] 800., Denver CO 80202 (herein "Grantee"), a perpetual right-of-way and easement (the "Easement") with the right from time to dine to survey, install. by, construct, operate, cathodica11y protect, inspect, test, maintain, modify, upgrade, replace with the same_ or different size pipe or equipment, relocate, abandon in place, repair. alter the size olf, environmentally rermcdiate, replace.. substitute, renew. reconstruct and remove (collectively "Operations") Five (5) pipelines and one electrical conduit for electric powwrcri i t� es, data transmission lines. and equipment (collectively. the "Pipelines") under, upon, over and through the land. more particularly described herein. below, within a route that is seventy five (75) feet in width, for the transportation of natural gas, petroleum products, natural gas liquids, oil, water, electricity-, electronic data and any other gaseous or liquid substances, including electronic (whether or not hydrocarbons) that can be transported by pipelines i.n the county of lt'efd, State of Colorado as follows: Part of the SE/4 of Section 8, Township 3 North, Range 66 ft' f. S of the 6" P.M. and being more particularly described as Lot B of Recorded Exemption No. 1211-0&4_RE 1752 TO I IAVE AND TO HOLD the above -described Easement unto Grantee, its successors and assigns, all upon and subject to the following conditions„ covenants and agreements: Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted. together with the right or ingress and egress over, under. across,, and through said lands and said Easca,acnt_ In order to conduct the Operations in connection to the Pipelines. Grantee way also use as temporary working space up to twenty live feet. (25 ) in, width adjnceni and parallel 1.o the Easetter't. through .said lands to effect such Operations. The vocation or the I isen:ent is depicted on Exhibit A attached hereto. However, except in emergencies involving potential loss of life or damage or destruction to proper y or when Grantor cannot reasonably be located, Grantee shall notify Grantor before entry upon the land for construction or other comparable operations involving substantial disturbance or alteration oldie land or Grantor's properly thereon. All above ground appurtenant. shall be placed within the receiver site which is depicted on Exhibit A, Grantee may not install any , power poles. or cathodic protection equipment, without written consent of Grantor. Grantee may install pipeline markers and test leads which shall be installed at property lines and roads as closely as possible to the fence 1 i nes. I . Grantee shall have the right from tune to time to cut, mow or otherwise remove all trees. undergrowth, overhanging vegetation, and other obstructions from the Easement or any. temporary working space, that iru its judgment nuty injure, endanger, or interfere with the exercise by Grantee of the rights, privileges and easements herein granted. Grantee shall pay Grantor for any actual damages to growing cash crops., timber, drain tiles, existing fences, or buildings caused by Grantee's exercise or rights granted herein on the Easement or temporary working space except to the extent caused by the negligence or ntisconducts or Grantor, its employees. tenants. agents, contractors. subcontractors, representatives, heirs, successors, or assigns. 3. Grantor shall have the right to use and enjoy the surface of the lands covered by this Easement; provided. Granter shall not interfere with or impair. or permit others to interfere with or impair )arty way, the exercise of the rights and privileges herein granted to Grantee nor construct any building, structure;reservoir, pond, or make any excavation or plant any tree or shrub on, across, over, or through. the Easement or change the grade over the Pipelines, VIi.tltout ili<e prior written consent ol'Grantee. 4. Alter the installation of the Pipelines constructed within the Easement has been completed, Grantee shall furnish Grantor with "as -built" drawings of each of said Pipelines and/or other related facilities under, upon, over and through Grantor's property if different than as depicted on Exhibit A attached hereto. Prior to recording this Easement in the records of Weld County, Colorado, Grantee nay substituic the ms -built" drawing as Exhibit A to this Easement and made a part hereof if the "as - Hilt" is different than the Exhibit A attached hereto. 5. Unless a greater depth is required by applicable law, rule:. or regulation, the Pipelines shall be located within the Easement at a minimum of four (4) feet below the surface of natural ground. Page I of 3 other lien that has priority over this Easement, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any such mortgage, tax or lien, and thereupon shall be subrogated to such lien and rights incident thereto. 7. En the event that the land to which this Easement including the temporary working space pertains is subject to a lease to any tenant for farming, ranching or any other purposes, Grantor shall be solely responsible for making settlement with any such tenant or lessee for any share of the compensation paid for the granting of this Easement Dr for any share of the damages that Grantee is otherwise required hereunder to pay to the end that Grantee shall never be required to deal with or pay compensation to any such lessee or tenant, and Grantee may deal exclusively with Grantor.. S. Grantee shall pay all taxes which may be levied or assessed on the installation, use and operation of the Pipelines and Grantee further agreesto promptly reimburse Grantor for the amount of taxes which may be assessed against Grantor by reason of Grantee having installed its piping and related equipment upon the real estate of Grantor covered by this I- asernctit. 9. Following construction and any subsequent repair or maintenance activities that require any disturbance of the surface of the land, Grantee shall promptly regrade and, unless instructed otherwise by Grantor, shall reseed the surface of the Easement and temporary working space with native vegetation, and furthermore shall mitigate any resettling of the surface of the land to the reasonable satisfaction of Grantor until said Easement shall be restored± as nearly as practicable to its original condition. 10s Governing, Law and Dispute Resolutiont THIS AGREEMENT, ITS INTERPRETATION AND ANY DISPUTES ARISING OUT OF, CONNECTED WITH OR RELATED TO IT SHALL BE GOVERNED BY AND CONSTRUED iN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. THE PARTIES HEREBY CONSENT TO PERSONAL JURISDICTION IN THE STATE OF COLORADO, AND AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN THE COURTS OF THE STATE OF COLORADO. 11. GRANTEE SHALL INDEMNIFY, DEFEND, AND HOLD GRANTOR AND ITS AFFILIATES HARMLESS FROM AID AGAINST ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, THAT MAY ARISE FROM GRANTEE'S BREACH OF ITS OBLIGATIONS IThIDER THIS AGREEMENT, TO THE EXTENT THAT SUCH LOSS, COST, DAMAGE OR EXPENSE RESULTS FROM THE NEGLIGENCE, GROSS NEGLIGENCE WILFULL MISCONDUCT, STATUTORY OR STRICT LIABILITY OF GRANTEE. THE OBLIGATIONS OF THIS PARAGRAPH SHALL APPLY EVEN IF ANY CLAIMS ARE ALLEGED OR PROVEN TO BE DUE iN PART TO ANY INDEMNIFIED PERSON(S)1 JOINT OR CONCURRENT NEGLIGENCE OR OTHER FAULT, INCLUDING STATUTORY LIABILITY OR STRICT LIABILITY. 12. Notices. All notices and other communications required under this. Agreement shall be its writing, and delivered personally or sent certified mail or via facsimile to the party set forth below: I . The terms and provisions or this Easement shall constitute covenants running withthe laudalai! shall he binding upon and inure to 'the benefit of the respective successors, assigns, personal representatives anti heirs of the parties hereto. In the event of an assignment by Grantee of any of the rights granted hereunder, Grantee shall be relieved of so much of its obligations hereunder as pertains to the rights assigned, and such obligations shall become the obligations of the assignee. 1 h.. This Easement may be executed by the parties hereto in any number of counterparts, each of which shall be deemed an original instrument, hut all of which together shall constitute one and the same instrument, aid( EXECUTED and made effective this day of , 201 . GRANTOR DCP Midstream. L[° Lew/.ss D. Hagenlock, Attorney In Fact ACKNOWLEDGEMENT STATE OF CO LO DO 55. COUNTY OF WELD I 'gip The foregoing instrument was acknowledged before me this day of „ 2013. by Lewis D. I ragenlock, as Attorney In Fact for DCI1 Midstream, LP, who sign , the foregoing instrument and acknowledged to me that he executed the same as his liCe and voluntary act and deed and in the capacity therein stated, for the uses and purposes thereinset fortis on behalf of said Grantor(s). Witness lily hand and official seal. My Commission Expires; Ti Notary Public 9,,eciesiGetal a WHAM t PIERSON NOTARY PUBLIC STATE OF C0;011040 NOTARY 10 19574159490 MY COMMISSION EXPELS MARCH 2A 2014 I') re OS u. Lit V} CN rn P.4 8 ier tire 404 aeC C AgziKiai I U b tn b! 03 z a a. I Q. a 11 ca. I u1 rn in cal R a cr' Via` 4 on o, ul at o U7 I Q slE wS r Q F a 5 ?f' RIGHT CI WAY spl 6f gar 9 11011)3S ''v/' Us `311 3 E.X ING WELL sigip in 0 0C DCP MIDSTREAM b w O' rr; 0 to !_1 . -711 ag— I r Ncsn 'OM I3M1 'M_ 'Q kI OA scl i ;rte *-4 ken • a3��la .J I K ►:t: �`n •'• • F6! t` Ma 0/ pr t YI V trio 1 H a ■ 4b 2 .. 2 Ewe X it- LU Lu O cc CC O O 0 cst CO ,-- r ——q Isn taa PLC un LaJ Gn to rsj rale 'mss the- hs� r r.J IC) amar 0 C 1 a 8 c 0 _4 I 0 0 T" r t g ;g5 In u ile Ca 12 0 ke- IBbitt b Vtplid SI. N OGia Tb, g L b C ta M r a- ► — bl " u f S? r5:t Si u r qG s, C - S. PSI r a c g r 4 D L VVV ��• 4 tin 171 V gruu�Qrr in 1 Beta 1czag { h ir0 . t, mac.'SD t Vat illetgaer O v 4.‘ nucina t" $ 4 b°�' z i, ' ^..r ui It DRM -Physical Content Submittal Sheet Page 1of1 Land » Lease >> Lease 11 D0002634837 Sender Name: Matthew Tynan Date Created: 07/31/2015 Barcode Expires: 08/30/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute Value Description RECORDED COPY AND UNRECORDED COPY RIGHT-OF-WAY EASEMENT Document Date 09/09/2013 I Lease Document Type ISurface/Easement/ROW New Lease Packet Yes New Well piandoit No Lease Number Suffix 1348269000 File Key 9645878 Group Code SUR Lease End Date 12/31/2099 Lessor Name 1 S DCP MIDSTREAM LP Prospect Name - WAT I ENBERC GATHERING MIDSTREAM SURFACE (KMGG)/A-421O1O67 State County United States:Cotorrdo:Weld(32600s123) Create another submittal sheet: New I Based on this one Edit this submittal sheet Home h.ttp:/iuia eb1UTAiviewas.heet jsp?sslid=-DOOO2 4 7&action=) CUMENT 7/31/2015 4014745 05108/2014 10.52 AM Total Pages: 3 Rec Fee: $21.00 Steve Moreno - Clerk and Recorder, Weld County! CO Ri- HT -OF WAY GRANT f THIS RIGHT-OF-WAY GRANT ("Grant) is made this . day of .... 2013, from Richard Herrman, Jr. and Genevieve Herrman, whose address is 15370 County Road 36. Platteville, Colorado 80651 ("Grantor" whether one or more), to KERR-MCGEE GATHERING LLel a Colorado limited liability company, whose address is -1099 lath Street, Suite 1800. Denver, Colorado 80202 "KMGG"). The parties agree as follows: For and in consideration of Ten Dollars ($10,00) and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged: Grantor hereby grants conveys and warrants unto "KMGGiat, its- successors and assignso a perpetual right-of-way and ea-sement to survey, construct, maintain, inspect, operate, repair, replace, rn.othfy, change the size of, reconstruct, mark, monitor, abandon or remove and release. at KMGG s election, one or more pipelines, electric power lines. data transmission lines and eq ipm_ent' and all appurtenances, bellow and/cr above ground, necessary or convenient for the transportation or transmissori of oil, has, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, 'whether electronic, fluid, soiid or gaseous. and any products, derivatives. combinations or mixtures of any of the foregoing, in, on, over. under, or through the lands situated in Weld County. State of Colorado. being described as follows: TOWNSHIP 3 NORTH, RANGE 6.6 WEST, r PM Section 10 The West Half of the Northeast Quarter (WI2 E/4) The route and course of the right-of-ways and easement conveyed hereby {.''Right -of -Way Lands", are more particularly described on Exhibit W attached hereto and made a part hereof. The width of the Right -of -Way Lands is one hundred feet (100') during construction,and subsequent to cconstruction the width of the Right -of -Way Lands is seventy-five feet (5°). If there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon reque-st from KMGiG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right -of -Way Lands_ From time to lane e after the initial construction of the pipeline(s), KMGG may require the use of the construction work space depicted on said Exhibit I ,' to survey, construct. maintain, inspect, operate. repair: alter replace, modify, change the size of, reconstruct, mark monitor. abandon or remove the pipeline(s) together with appurtenances KIVIGG may use the ccrlstructton work space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such i. se and provided further that it restores the same as cr+cvided below when not in use. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right: power and authority, to enter into this Grant Any pipelines and/or appurtenances to be constru:t d underground pursuant to this Grant shall be placed at a depth of lot less than 3 inches hbelow the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right--of-Ways Lands without MGG s prior written permission. KMGG shall repair aid/or restore any fence(s) on or adjacent to the Right -of -may Lands that are removed or severed by KMGG in the course of the operakFons provided for in this Grant to the condition :such fence was in prior fc its renovat or severance by KMGG. `t necessary to prevent the escape of Grantor's livestock. KMGG shall constrict temporary gates or fences in those areas affected by KMG's operations as provided for in this Grant To the extent reasonably praeti-caolee and within a reasonable period of time atter completion of construction. KMGG shall level and restore any lanes affected by KMGG's operations that have excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipel:=re(s). Grantor agrees that Grantor will not build. create, or construct, or aerrn t to be built. created or constructed any aestruation, building., fence, reservoir, engineering works or other structures or irriproveme its over, under on or across the Right -of -Way Lands without the prior written consent of KMG. KMGG shall have at' lights; privileges and benefits necessary or convenient for the full use and enjoyment of this Grantincluding but not limited to the rights of ingress and egress over and across Grantor's ;ands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidentai to exercising KM G's rights hereunder. Grartor agrees Inat at `: G's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option., shall be subragated to the rights of the party to whom payment is made. and in addition to its other rights, may reimburse itself out of any rentals. royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG. KMGG shall be obligated to pay for,: repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's acbvities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein. and Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor"s activities on the Right -of -Way Lands. Grantor shali have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted, This Grant cannot be modified, except by an instrument in writing signed by. Grantor and by an authorized representative of KMGG, The rights granted herein may be assigned in whole or in part. and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMGG. KMGG shall record an original of this Right-of-Mk/ay Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Landsare located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Ways Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof, This Grant may be executed in counterparts, each of which shall be considered one and the same agreement, IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. Grantor Richad Herrma.n, Jr.. Genevieve Herrman STATE OF COLORADO ss. j COUNTY OF WELD The foregoing instrument was acknowledged before me this gats day of '`• , 2013, by Richard Herrman, Jr. and Genevieve Herrman. Witness my hand and official Seal, My Commission Expires: '7. /3/ 4' /4 ak,„ Notary Public: Address: -(,SEAL) nave bale 25717 WOE 89 0rctiard CO 80649 a P.O.T. VCR 38 tom «.r� a NE17+ , ICrt- i a GENIE -RUNE RIGHT OF WAY G PEviEvE Sc RICHARD HERRMAN JR, Wi SECTION 10 T3N R66W 6TH PM S Oo-30'4e" 2638.42' alma —s RfG2.4.1 as Alto - TOTAL CENTERLJNE LENGTH: 2638.42 FT 8010 J L`4E. o WEV4. Q W -ac_ -es aa...if NE CORNER Wr172 NE1/4 SECTION 10 2.5' dux. A? PPS 12.374 - TO IT !9`5C' ' 'A' 375:S . co timie I b 0 C z i ► at E112 NE1/4 SECTION 10 T3N R66W 6TH PM TAWS - SE CORNER w1/2 N'E'/4 SECTION 10 2.5 -Pak "LS 36073 ;SU b Y TIE '0 P.01 S Q9'+43'35" N 37.501 4+ ti4 13 LccctinIte 0° ll�l rtee r4 MQreiq givers are deterrined from +b1t tw @' et Ihebt 1ecati .,, 4 tthk7rin lift oe ottiarolt aN tOmpset. Ottitt tittilibei JINN tilt end the to be Ire1d t fatal by etheri p.lor to +Fx 7irQtion_ 1,) P$it Ce -r wt Q .,4rvw vCd imtrcnitnisr4 itts Out, If 4 nvY, to by tat4C vpo+► 'Of erft IGrid 1eLe tjt, etteret.'k, !erct:e, ti.ikel, Or otter iutte irrbrovenett ins, tict:'ut , diiirtOn easy Ttifieskint shoe' htteQn tre t trr+ coureediniatts Imm the tlorcc obbitirole tier '$1 J nom trne tictree ;kt of TAO, 3e C,R;54a -est4 ed nine R -L- P.S.,titchsttutm tr+4/ ' Orifitte PtIlit,Stink. cifee4, } r COrnbtritO rOttOr (Cn€C'nh+` sue'; 1/CF>a1 VVS4O 4.) `01'itE &eee►Oiro to Cotoroclo jet pia must C+oneritt Cry 'sego 'aeon based upon Try deftct it this, array .itha, fr 1rm Only yOv first. ?Silicon , ch cj!='n t t• np opril Ittly ego r. tat t '' '0^ Ifty deli it !Mire Deity `1t ' rted trim 'Krr tarn ! Fitt" rise dirt ,:,r r+ reetrs. 5-) 71.* esNit!'I *C, pi t' by My` 40110 x'15 360730 tt`e kie4ar t, Irt 1'25 retu'`4t' rt Sate 7, E' 't' . CO ecici• f P :2 36073 tt1/2 a r*1 rar.e Rsal t :tviTjcp Acklam, Inc. 115 tq4Wri'g St , tie14 , Brighten to, &DEO1 KERR-McGEE GATHERING LLC EXHIBIT "A" RIGHT OF WAY LANDS Wi/2 NE1 La SECTION 10 T3N R5OW 6TH PM, WELD COUNTY. COLORADO SCALD •509 DATE: O7/23/13 JOB No.: 131326 Joe NAME: ottLI BASS AFf No.: DRM - Physical Content Submittal Sheet Page 37 of 42 Land>> Lease>> Lease D0002538192 Sender Name: Kelsey Gangi Date Created: 12/22/2014 Barcode Expires: 01/21/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute Value Description RIGHT OF WAY GRANT= RICHARD HERRMAN JR at GENEVI:EVE HERRMAN Document Date I:l; 02/2013 Lease Document Type Surface,rEasement/ROW New Lease Packet Yes New Well $-ian:doff No Lease Number Suffix 1342958000 Ale key 9829899 Group code SUR Lease End Date 12/3V2099 Lessor Name RICHARD HERRMAN JR. AND GENE'` IEVE HERRMAN Prospect Name WATIVIBERG GATHERING MIDSTREAM SURFACE (KMGG)/A,-42101067 State County United States:Coiorado:werd(326005123) Create another suhrnfttal sheet: New I Based or this one Edit this submittal sheet Home htEp://uiaweb!Ui ►.'vie _she .jsp?ss id=1OOQ2538 41,1000253 . 39J0002538821 J0002:.. 12/23/2014 4014858 0510812014 03:08 PM Total Pages: 3 Rec Fee: $21.00 Steve Moreno - Clerk and Recorder. Weld County, CO RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("'Grant) is made this day of t, 2013, from Morning Fresh Farms, inc.,, a Colorado corporation, whose address is 15121 County Road 32, Platteville, Colorado 80651 ("Grantorw-` whether one or more), to KERR-MCGEE GATHERING LW, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 CKN1GG"). The parties agree as follows: For and n consideration of Ten Dollars (10.00) and other good end valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto "KMGG", its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, Inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitoe abandon or remove and release, at XMGG°s election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, beLow and/cr above ground. necessary or convenient for the transportation or transmission of oil, gas, y�petroleum �y,nproducts, water, electricity, elec�tyro�nic�g+data. h'yMdr�ocarbonsand any other substances, Yshether eteclronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 66 WEST, 6TH PM Section 10- South Half (S12) The route and course of the right-of-way and easement conveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit WA" attached hereto and made a part hereof The width of the Right -of -Way Lands is one hundred feet (100') during construction, 2nd subsequent to construction the width of the Right -of -Way Lands is seventy-five feet (75). if there is a deviation in the Right -et -Way Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as-buitt survey plat to amend the description of the Right -of -Way Lands. From time to time after the initial construction of the pipeline(s). KMGG may require the use of the construction work space depicted on said Exhibit SCAN to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with appurtenances_ KMGG may use the construction work space. from time totime in connection with the rights granted hereby, provided it. gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that 'Grantor has full right, power and authority to enter into this Grant:_ Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without Ktk./GG's prior written permission. KIM IGG shall repair and/or restore any fence(s) on or adjacent to the Right -of- fay Lands that are removed or severed by h t/ICG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMGG. If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant To the extent reasonably practicable and within a reasonable period of time after completion of construction, KitiGG shall level and restore any lands affected by, KMGG's operations that have excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s). Grantor agrees that Grantor will not build., create, or construct, or permit to be built, created or constructed,, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of Klv1GG. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment ct tars Grant, including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder. Grantor agrees that atKMGG's option, KlVIGG may pay and discharge any taxes, mortgages or bens existing, levied or assessed on or against the lands burdened by the Right-ofeWay easement. 1f KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG. KIVIGG shall be obligated to pay for,repair, replace or otherwise compensate Grantor for any damages resulting from KMGG1s activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shad pay for, reimburse, indemnify and hold KIV1GG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and by an author.ized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and ;previsions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMGG. KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement, IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. Grantor: Morning Fresh Farms, Inc., a Colorado corporation By: Derek Yancey, Owner STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this4 (4':I Derek Yancey, as CLOTtieekv on behalf of Morning Fresh corporation. Witness my hand and official Seal. My Commission Expires: (SEAL) day of ._ 2013, by Farms, Inc, a Colorado Notary Public: ' J .�t I leteirts. Address ��, X . CP 8 -,44 Ln grn 0) U6U.. . _ , 1La J t La.J ...J ■ _S 7r S 7) " -a �^ b F R '-D N f- Na-,. /5 -5a 4 J '4f - 'Rr 9' cm- ' d�G G3 Ea -t • bb i- to +r Z Z Z Z. Z. 4/ Z Z Z tl 1E ti 'i ti tt W ,3 n - J add Cl IC; to PaR rr� 0 Ectslll4C PIPEIMff WI ml It z z Li 41 air 471' It 4.1 r � -t OF - 0 CENTERLINE RIGHT OF WAY i z O a MORNING FRESH FARMS INC, re a 2 o cc Lod a O yr X I —a di n' a - a. Pr it to co z Cnt C a 111 • )O4 1 r Tti.. s a arle. •`om _ uftt . y ad t,�. • 3 - 1,k, Cy, `--.a -_ ti -1.%S . +pL I * S i i F 4 7 cc cm z ' r rr- .46 s. o tot r '54 a, a. ire uu ac — ass ihrmatv sic awes _, E 2 it i I tia t I S 2 a 1r _fat - ti r r t- t t_ .41 vipr.t- 41F • e t 3 K P 43 N P _ i T k till! i r t a (yJl ' R IS;1 V• "I-E.-;‘.. a - 1O "• fro*t al is'il 'Ea >r. i g r se i E I xi a l; a.4" P.1 nsT;;C LAIIW ‘ Crl t' DRM Physical Content Submittal Sheet Page 1 of 5 Land >> Lease>> Lease D000 25 3770 3 Sender Name: Andrew Matej Date Created: 12/22/2014 Barcode Expires: 01/21/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Value Attribute REC COPY RIGHT OF WAY GRANT - MORNING FREH-1 F i%PtlE, I NC Description 09/04/2013 Document Date Lease Document Type Surface/Easement/ROW iie Lei* Yes No Ne 1 l6 �Y��n�1nI t 1342969000 Lease Number Suffix File Key 9829919 SUR Group Code Lease End Date 12/31/2099 Lessor Name MORNING FRESH FARMS INC Prospect Name WA T ENBERG GATHERING MIDSTREAM SURFACE (KMGG)/A-42101067 State County United States:Colorado:Weld(326005123) Create another submittal sheet: New I Based on this one Create another New Lease Packet: New I Based on this one Edit this submittal sheet Home http J/uia eb/UI fie she: .jsp'`ass_ d=D0002 37703,1 OO25377 4.D000 537705,1)00... 12/22/2014 4014741 05081 014 1050A,M Total Pages: 3 Rec Fee $21.00 Steve Moreno - Clerk and Recorder. Weld County, CO RIGHT-OF-WAY GRANT 4 THIS RIGHT -GP- AY GRANT ("Grant) is made this day of , y 2014 from Shirley E. Odenbaugh, whose address is 16124 County Road 23, Platteville, Colorado 80651 ("Grantor," whether one er more). to KERR-MCGEE GATHERING LLC, a ,Colorado limited liability company, whose address is 1099 18th Street. Seite 1800, Denver, Colorado 80202 ("KMGG"). The parties agree es follows: For and in consideration of Ten Dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto SKMGGy, its successors and assigns, a perpetual, non- exclusive right-of-way and easement to survey, construct, maintain. inspect/ operate, repair, replace- rrodhy, c±large the size of, reconstruct, mark, monitor, abandon or remove and release, at KMGG's elect€can, five (5) pipelines. (none to exceed a w:d h of 2e), underground electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground of m:u#uaiy agreeable locations; necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, and hydrocarbons, whether electronic, fluid, solid or gaseous, and any products, derivatives„ combinations or mixtures of any of the foregoing, in, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 61 WEST, r PM Snot -on 12: Lot B of Recorded Exemption No. 1209-12-3-RE1234 recorded August 17, 1990 at Reception No. 2223691, being a part of the West Half of the Southwest Quarter (W12S 114) The route and course of the right-of-way and easement conveyed hereby ("Right -of -War Lands") are more particularly described on Exhibit "At attached hereto and made a part hereof. The width of the Right -of -Way Lands is one hundred feet (100'1 during construction, and subsequent to construction the width of the Right -of -tray Lands is seventy-five feet (75Sx, If there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon request from I<MSG the parties will execute a Notice of Pipeline Location along with an 1s -built survey plat to amend the description of the `l ightof-Way Lands. From time to time after the initial construction of the pipeline(s), KNIGG may require the use rf the construction work 'apace depicted on said Exhibit tA" to survey, construct, maintain, inspect, operate, repair: replace, modify, p change the size of, reconstruct, mark, monitor, abandon or remove the pipeli: ets) together with appurtenances. KMGG may use the construction work spate from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it. restores the same as provided below when not in use. KMGG must :promptly restore the areas where the construction work disturbed the lands by such activities, and must compensate Grantor for the crop damage and surface damage brought about by. such activities. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right; power and authority to enter into this Grant. Any pipelines, electric and data transmission lines ardior appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 72 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair an 'or restore: any fence(s) on or adjacent to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMGG. If necessary to prevent the escape of Grantor's livestock, K GG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. Surface Owner shall level and restore reclaim and reseed any lands affected by KMG'G's operations that have excessive settling- and shall sufficiently compact the soli to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s).. KMGG shall have no liability or responsibility for. reclamation, reseeding or restoration of the Right -of -Way Lands. Grantor agrees that Grantor will not build, create, or construct, cr permit to be built, created or constructed, any obstruction. building., fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantors lands eying adjacent to the Right -of -Way{ Lands for any and all purposes necessary or incidental to exercising K! G's rights hereunder Grantor agrees that at KMG+G's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made. and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG. Except for reclamation, reseeding and restoration of the Right -of -Way Lands, which Surface Owner shall be responsible for, KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of ayr. Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all Claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. ThisGrant cannot be modified, except by an instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMG. KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof,. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of thedate first above written. Grantor: i() 2 Shirley E. Odenbaugh STATE. OF CO : O DO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 2014, by Shirley E. Odenbaugh. (SEAL) Witness my hand and official Seal. My Commission Expires: ' C scil0 t day of Notary Public: vini7 ch ell ' Ue kee Address: 14ftt tat $ o ° Gag tiele. Co 100 MICHELLE M. VE TER NOTARY PUBLIC STATE OF. COLORADO NOTARY la 19924011560 MY COMMISSION ExpRES SEPTEMBER 16, 2G16 E5 b E § , Q' W sn its .;ta r W ▪ 6 I `y co I fin On s antfr Cl '0' N1 I I I I L. I I 0 a CL a a_ a n• a r, a_ i .n. 1 a 1 a_ egaS a. I a Q a IL a a. ae a CL. a Q -4 L ig I r S a: a z co N re, k 145 C 2 T kaJ VI, - . U rest it— CO act 1:C Ce U)Liu Z�_q CI a CEh1TERUNE RIGHT klOAA w ;4 a0N34 baNI I i i I 'NCR ,J4- (NO ROAD) SIP S• SS SS emir S VC iom C ya 1 6,4 I ..! LU CC 0 11 a tatdauom ao Qiisuropo gm ++ w wsrtrc tycfivinoi asgj U C5 II 8 JOB No.: 1.3626 aai W 2. CD 0 z d C Le C C) < eN Via- L4.se- c.) 'Li r— cti Via _ILai LUI ae -^ r -- I N- U j 4-0 La ce Fa - s• U C czs izzC U r A. D b TIC r 01 Le as OD It is hat t* be relied uptil for the en[oblsttiment ony tor+d t ur ary. easerriest, fence. building. Sfl• C a •o mit weims: 78' 4.1 r 6 a w s- f l v B g 4 � al a Q M ate-- 46„1 uA 46 in ari -1 g cs laCati a* o a I 3 stag . r r c , E ,g JacI LO s'� gV E 4 -' cre a Ti 4-3 - O fits Q C ▪ $ a ea w c o a E V S $mow Ott ti opal se, JSkibre-- Ta. O CO t% bin Vq cin ORM - Physical Content Submittal Sheet Page 2 of 8 I Land » Lease » Lease D0002468351 Sender Name: Date Created Barcode Expires: Department: Security: BLACK AN Michele Seliden 08/13/2014 09/12/2014 Land Record Non-Pnviheged D WHITE DOCUMENT Atirwute Value Descreption RIGHT-OF-WAY GRANT Document Date 04/08/2014 Lease Document Type Surface/Easement/ROW New Lease Packet No New Well Handoff No Lease Number Suffix CQ-500060072 File Key 2406593 Group Code LSE Lease End Date 12/31/2099 Lessor Name SHIRLEY E ODENBAUGH WATTEN :ERG GATHERING MIDSTREAM SURFACE (KMGGVA-421Q1067 Prospect Name State County COLORADO:WELD(123) Create another submittal sheet: New I Based on this one Create another New Lease Packet: New I Rased on this one Edit this submittal sheet Home http://uia eb/UI 'vie _sheet.jsp 'ss_i.d=I000 46 350,D000246835I,10002468 3 52.10002..... 8/13/2014 3998631 02/27/2014 08:36 AM Total Pages: 4 Rec Fee: $26,00 Steve Moreno - Clerk and Recorder, Weld County, Co RI H1 F m AY GRANT AND AGREEMENT THIS RIGHT-OF-WAY GRMIT AND AGREEMENT ("Grant and Agreement) i.s mane this ikday of Decter , 2013, from ALFRED OPATRIL and SHIRLEY E. OPATRIL, whose address is 16135 County Road 25, Platteville, Colorado 80657 ("Grantor: vuhether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, vwncse address is 1099 18th Street. Suite 1800, Denver, Colorado 80202 ("KMGG"). Grantor and KMGG may be referred to collectively herein as the "Potties." The Parties agree as follows: For and in consideration of Ten Collars ($1DrC0) and other good and valuable consideration,, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto "'i +iGG", its successors and assigns. a perpetual non-exclusive right-offway and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, rr'ror. _itor, abandon or remove and release, at KMGG's election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, soliid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing in, on, over, under, or through the lands situated in Weld County. State of Colorado, being described as follows: TOWNSHIP 3 NORTH1.L RANGE 67 WEST. 6" PM Section 12: The Southeast Quarter (S[!4), except the North 300' and also except that portion conveyed to Jerry Miller in Deed recorded October 11. 1988 at Reception No. 2158222 The route and course of the right-of-way and easementconveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the Right -of -Way bands is one hundred feet (100) during construction, and subsequent to construction the width of the nigh -oP"day Landsis seventy-five feet c75). If there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along withan as -built survey plat to amend the description of the Right -of -Way Lands. In no event shall the .post-constructionwidth sof the Right -of -Way lands exceed seventy-five feet (75'). From time to time after the initial construction of the pipeline(s), KMGG may require the use of the construction work space depicted on said Exhibit "A" to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with appurtenances: KMGG may use the construction work space from time to time in connection with the rights granted hereby, provided it gives Grantor not less than fourteen (14) days' notice of such use, except in the case cif ar emergency, end provided further that it restores the same as provided below when not in use. Grantor represents and warrants to Krvico that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the ourden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant and Agreement. KMGG hereby agrees that any pipelines and/or appurtenances to be constructed underground pursuant to this Grant and Agreement shall be placed at a depth of not less than 48 inches below the surface! of the ground. Construction of above ground appurtenances shall be permitted only with Grantor's separate prior written approval. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fence(s) on cr adjacent to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant and Agreement to the condition such fence was in prior to its removal or severance by KMUMG . If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant and Agreement. To the extent reasonably" practicable and within a reasonable period of time after completion of construction, KMGG shall level and restore any lands affected by KMGG's operations that have excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KNI 's pipeline(s). Grantor agrees that Grantor will not build, create, or construct, or permit to be bulk,created car constructed, any obstruction. building, fence, reservoir, engineering works or other structures or improvements over. under, on or across the Right -of -Way Lands without the prior written consent of KM, which consent shall not be unreasonably withheld, KMGG shall have all rights, privileges and benefits necessary or convenient for the fell! use and enjoyment of this Grant and Agreement, including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder. Grantor agrees that at KMGG's option., KMGG may pay and discharge any taxes, mortgages or Hens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement in the event of any default of such payment(s) by Grantor. If KMGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payab'e to Grantor from, KMGG. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right--of-Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein. KM.GG agrees that, in the event of unanticipated damage to the personal property of Grantor or the personal property of others on the subject lands, including but not limited to structures, vehicles, watercraft, landscaping, irrigation wells, fences, culverts, bridges, pipelines, ditches, and irrigation systems, KMGG will, within fifteen (15) days after notification of such damages by Grantor. repair or replace such items after consultation with and to the reasonable satisfaction of Grantor or the owner of such personal property, In the event such damages require immediate repair, Grantor or the owner of the personal property may make such repairs immediately and KMGG will provide reasonable compensation to Grantor or the owner of the personal property for time and expenses required for such repairs upon receipt of evidence of same from Grantor or the owner of the personal property, Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands, Grantor shall have the right to use and enjoy the Right -of -Way Lands:, subject to the rights herein granted. KMGG will be and remain responsible for all liability for losses,, claims, damages, demands, suits, causes of action, fines, penalties, expenses, and liabilities,: including without limitation, attorneys' fees and other costs associated! therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with KIVIGG's operations in any way related to this Grant and Agreement, including KMGG's employees. agents, contractors, subcontractors or other invitees, no matter when asserted, subject to applicable statutes of limitatioe s. KIVIGG will release,defend, indemnify and hold harmless the Grantor against all such Claims related to or that arise from its operations in any way related to this Grant and Agreement. This provision does not, and will not be construed to, create any rights in persons or entities not a party to this Grant and Agreement. nor does it create any separate rights in the Parties to this Grant and Agreement other than the right to be indemnified for Claims as provided herein. This Grant and Agreement cannot be modified, except by an instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions. and provisions of this Grant and Agreement are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of 'KMGG. KMGG shall record an original of this Right -of -Way Grant and Agreement or a Memorandum of Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant and Agreement or a Memorandum of Right -of - Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant and Agreement may be executed in counterparts, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF. the Parties have agreed to and accepted this. Right -of -Way Grant and Agreement as of the date first above written. Grantor: Shirley E. 0pfil KMGG: Kerr-McGee Gathering LLC By: Printed Name cmut DLSretki Its : ate . ek e t. t n F Acr STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me thi ,day, of Alfred Opatril and Shirley E. Opatril. Witness my hand and official Sea IHO /19 IT My Commission Expires: (SEAL) STATE OF COLORADO COUNTY OF (A11-1IA ) ) ) SSa Notary Public: Address: gitzez cal scot 13 2013, by The foregoing instrument was acknowledged before me this .' day of (F' P 1 013, by igban_c Ls E as A llhf ,4I-ftyDf_Kerr-McGee Gathering LLB. (SEAL) Witness my hand and offiiciad Seal. My Commission Express l _ Notary Public° Address: VIRGINIA BLAIR AUSTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID M 20134008160 SAY COMMIS SSC 4 EXPIRES FEBRUARY OB. 2017 c/7 U. i a. ca. d IOM onrun I I 0. a i C- i a U. G. 4 a i a. a. .1 EL I 4 i Co a 75' RICHT OF WAY CENTERLINE RIGHT 1 ►+'0113155 `I'!0$ '31't1 t F'AR1d1',.RS J;D'EF E.' 1WN1 OPA TRTL ALFRED & SHIRLEY E re CC W acr 00 H t1 X35 WOE IMil1 S O 0Int tto La) w r— Q w TOTAL CENTERUNELENGTH: 267,88 FT (4. 11 5 sie 0100;3io a )Q 141.11 WaMes4% M summ, ar..741 105 0 C U tt es! O CI C_ e tin taJ W wen I `n W La (cif rim r• I tio 0 vow Q0 4 J L C'i 63 a+s M s ry, easement. hinge:, be reseal upon fork esl'obiwment ©l any land C JL! ,v f* a e lt •Q E E " ss au t.1 0 R. rr l L i g. -y pli sr D C cm, .s -jam -5 a c e p_ rah n G g �.+ a , 'E p = E m G a C .r S AS stir a. $ d U 1 !L bgac . c 42 aIsag1 e- 2a as_ -= ti R' 3 :11 t r t� 'i l • •a no 1 i so T + 6 � U IVO aSt m u E • iqo u ry Y ▪ T L t 6 DRM Physical Content Submittal Sheet Page 1 of 5 Land >> Lease>> Lease D0002467303 Sender Name: Michele Selden Date Created: 08/12/2014 Barnacle Expires: 09/11/2014 Department: Land Record Security: Non -Privileged' BLACK AND WHITE DOCUMENT Attribute Value Description RIGHT-OF-WAY GRANT AND AGREEMENT a cu en Dat 12/26/2013 Document Type Surface/Easement/ROW ew Lease P acl et. Yes Mew Well IH nt�nff No of x CO -S00060071 Le s I umber File Key: 2406578 Group Code LSE Lease End Date .2/31/2099 Lessor Name ALFRED OPATRIL AND SHIRLEY E. OPATRIL Prospect Name WATfENBERGGATHERING MIDSTREAM SURFACE (KMGC)f A-42 TO1Q57 ii State County COLORADO:WELD(123) Create another submittal sheet: New Based on this one Create another New Lease Packet: New I Based or this one Edit this submittal sheet. Horne http://ui e I vie _she t.jsp?ssjd—D000246730 3.100024 73O41D0002467305,00 0... 8/12/2014 440947°5 Pages: 1 of 13 06/2Z/2016 01:119 PM R pee :173 , ae Weld CountyCO Kara�aMAI�� Clerk a�� R' ems; ®r0141011:11C+ � :kII*' "�i� PERMANENT EASEMENT TEMPORARY CONSTRUCTION EASEMENT This Permanent Easement and the. included Temporary Coastrucdon Easement ("Easements"), dated the clay of + ,' 2018, are made by Public Service Company of Colorado, a Colorado corporation (hereinafter referred to as "Gzauto?, whether one or more), for the use and. benefit o€ Kerr-McGee Gathering LLC, a Colorado limited liability company, 109918th Street, Suite 1B0O, Denver, Colorado 80202, and its successors and permitted assigns (such entity and its successors and permitted assigns are collectively referred to as "Grantee"). For the consideration of TEN ANI) 1,40/100$ Dollars (110.00) and other good and valuable consideration,, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee a perpetual non-exclusive seventy-five foot (75) wide ,easerae$t on an -IS, WHERE IS basis in order to c&trsteua, operate, maintain., repair and replace one or more pipelines but not to exceed .five (5) for the transportation of oil and gas products and by-products hereof, water am] other substances, and all &ruses and devices used or useful in the operation thereof, not to exceed twenty-four inches (24") in nominal pipe diameter, and any appurtenant facilities (the 4Pipelines") in, over, through, across, under, and along land owned by the Grantor (the "wads" ), as more particularly described in Exhibit "A„ attached hereto ("the Permanent Easemene), Grantor does also hereby GRANT, BARGAIN, snit and CONVEY unto Grantee temporary workspace on an AS -IS, wHEl E Is basis, as more -particularly described in Exhibit "A"� attached tern :in Ott to construct the Pipeline and any appurtenant facilities in, over, through, across, under, and along the Permanent Easement (the "Temporary Construction Easernerit")r The term of the Temporary Construction Easement shall he for a period from the date of ex:ecartion of this document up to and including June 30, 2023. However, if Grantee has completed its use of the Temporary Construction Eesenent prior to June 30, 202a, then Grantee shall provide within five (5) business days after completion of its use, written notice thereof to Grantor, and the Temporary Construction Easement shall immediately tea ate. MI eights, duties and/or obligations arising hereunder shall apply to the Temporary Construction Easement only daring the period(s) that the Temporary Construction Easement is in effect, unless the right, duty or obligation survives the termination. of the Temporary Construction Easement as otherwise set forth hereto. Temporary Construction Easement may be extended or reinstated by separate agreement or written permission from Grac.tor. THIS GRANT OF EASEMENTS is also subject to the following: I. The right to use the Easements shall belong to the Grantee and its -agents, employees, designees,, contractors, guests, invitees, successors and permitted assigns, and all those acting by or on behalf of Grantee ("Grantee Parties") for the purposes, of surveying, appraising, establishing,. laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding appurtenances, altering, substituting, operating, maintaining; accessing, inspecting, patrolling,, protecting, repaidng, changing the size of, relocating and changing the route or mutes of the Pipelines within the Permanent Easement, and removing at will, in whole or in part,;, the Pipelines, for the transportation of oil, oil products, crude peueleu t'i, natural gas, gas liquids, water, Liquefied minerals, or other .mineral solutions, together with above- and below -ground appurtenances as may be necessary or dcsirala]c for the operation of the Pipelines, over, across, under and upon the Permanent Easement subject to the prior approval of Grantor to the extent specifically required :herein, and subject to the dudes, limitations and .restrictions stated h►ereater,including g without limitation paragraph 2 below. 2. Grantee shall bury the Pipelines to a minimum depth of forty-eight inches (48") below the surface of die ground and any Alert -e s[ ig drainage ditches, creeks and roads, and a ma. um depth of ten feet (10') below the surface of the ground (except in Section 11, T3N, MOW as reflected in. Exhibit "A"', where the Pipelines may extend up to sixty feet (60') below ground surface in areas that it must be placed below the S. Platte River ("ri.ve+ . Any soil disturbance shall. be limited to shallow soil disturbance up to .a maxim= of thirty feet (30 below ground surface in ail areas, with the exception that in the axes where the Pipelinesare placed below the river; soil disturbanceshall be. limited to disturbance lap to a maa num. of sixty,. feet (60) below ground surface. Grantee shall ensure that the Pipelines are constructed to Adequately tolerate loads in consideradon of the heavy equipment and machinery or other uses Grantor or others utilize or may utilize in their utility operations. 3. Grantee shall have the rights of ingress, egress, entry and access itt, to, through,. on, over, under, and across the Easements and where same intersect any public road or public right-of-way or other easement to which Grantee has the tight to access and along any toads d.esignated by Grantor, let any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it hereunder. 'e rante.e shall promptly repair any damage to Grantor's roads caused by Grantee so as to maintain the roads in as good as or better condition than existed prior to use by Grantee. Yardmen separation distance between the Pipelines and eleee supply structure or grounding system shall be fifty feet (501. Minimum separation distance between the Pipelines and Grantor's pipelines shall be ten feet (10') 4. Subject to the requirements herein, Grantee shall have the right to select the CX2Cit location of the Pipelines within the Pemaaner.t Easement. Further, sulij .cr to Grantor confirming in writing no interference with the Lands and G a;rrtor's use dicta, Grantee: shall have the tight to constsuct, maintain and change slopes of cuts and flits to ensure proper lateral and subjacent support for and drainage for Ole. Pipelines and appurtenant facilities related to this pipeline project provided, however, chat Grantee Shall submit to Grantor for its prior written approval any and all plans for any permanent change of slopes, cuts and Ells to ensure that such changes do not interfere with Grantor's facilities, Grantor's consent to say slopes, cuts or fills, shall not be unreasonably or arbitrarily withheld, but may be conditioned on compliance with federal, state, county or other local rubes,, regulations, or other professional, technical or Grantor's commercially reasonable srsndarris or criteris which may from.,. time to time be applicable to the epe s:don of Grantor's Ecist%ng or New Power Facilities as defined below. The terms of this section are subject to the duti.cs, Jiiadtations and restrictions stated hereafter, including without limitation, paragraph 2 above, 4409475 Pages: 2 of 13 D612212016 @i:Q9 PM R Fee!$73.0 Carly Kopposv Clerk ard ecordr , kelt Ceunty co 1111 !WSW' tv ii •:r :i1/21WILNWIPIPCillikily1 iiii 1 5. Subject to the terms of this paragraph, Geantee shall :have the right to temporarily remove any fence which now crosses or may cross the Easements during initial constriction of the Pipelines, provided that it provides adequate temporal), fencing to ensure that the Grantor's property remains fenced from the public at all times in a manner satisfactory to Grantor Prior to cutting any fence., however, Grantee shall brace the existing fence to be cut adequately on both sides of the proposed cut by suitable H --braces to prevent the resaaha& t of the fence from sagging. Before the fence isite is cut, it is 'to be attached to the posts in a manner such that there will be no slackening of or damage to the wire. Each such wire gap is to be reinforced so as to be strong enough to prevent linstock from passing through same. Upon completion of initial con.stxuction operations, each wire gap will be removed and a paraanent gate installed, which gate shall, to the extent reasonably pra.cticable., be constructed out of similar or better grade mates than already used for existing gates orr the property. Each entry and exit gate shall be securely closed and locked, except when Grantee or its authorized personnel are actually passing toughsame, b: Grantor may use the Easements for any and all puiprises nor inconsistent with the pulses set forth hereunder, including without limitation the purposes set forth below. (a) rcaniee reserve the right to use the Easements for all resideneisl, agriculttual, recreational, commercial and industrial purposes} provided that Grantor shell not construct any im.p.rovement5. on the Pen uane:nit Easement which would unteasoniably interfere with. Grantee's exercise of the Sghts herein conveyed. Grantor, Grantor's has, successors and assigns shall have the lieu,. after review and appxevai by Grantee (not to be unreasonably withheld, conditioned or delayed), to constnict, reconstruct of maintain crossings for streets,. roads or chives, road ditches and delimit; ditches for the purposes awed above in this paragraph 6(a) , provided that :such. crossing is made at an angle of not less than 60 degrees and not more than. 90 degrees ro Grantee's Pipeline(e) over :and across the Permanent Easement at such place or places as firer ter rney from time to tit hereafter select fox public or private use, provided that all of Grantee's required and applicable spacing, including depth separation limits and other protective requirements, are met by Grantor a Grantor shall also have the light to install and maintain easements that are both adjacent to,, and/or within, the Permanent Easement for utility lines, including those for water, gas, sewer., electric, telephone, cable,. television, and fiber optic and other pipelines; provided, however:: i) any new underground facilities that travel along a pipeline easement shall be located a diStatiCa horizontally of it least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have et least twenty -feat (24) inches of vertical clearance between such new facility and a pipeline; and iii) any overhead power lines shall be at least twenty (20) feet above the ground. P Subject to the restrictions and limitations set forth hers, Grantor reserves the right to use and occupy the Easements for any purpose not inconsistent with the rights and privileges heirs granted and which will not interfere with or endanger any of the Pipeline or use thereof, including without limitation, the right to have ingress, and egress over and amass the suffice of the Easements and to construct, maintain, improve„ or reconstenct Site Improvements (as defined below) on the Eesements so long as the Sacs Improvements arc designed, constructed, located, maintained, operated and used in a manner whit does not materially interfere with the Pipeline or the exercise o:€ Grantee's rights under this gtaat of Easements . (c) For the purpose of these Easements, "Site Improvements" means improvements for the use and benefit of the property, or Grantor's business operations on which the Easements are located, and includes., but is not limited to: grading and excavation; installation of underground utilities; access roadways and crib and gutter, sidewalks,. drainage facilities and medians that ate designed as part of a roadway; and paved panting area., and signs. The term "Site Improvements"' as used herein shall not include temporary or permanent buildings,. or occupied structures of any kind. In order to assure that Site improvements which may hereafter be installed, relocated, reconstructed or substantially modified by or on behalf of Grantor (and any work, or activity, including the use of construction equipment related thereto) ill. act interfere with the Pipe a within the Pezmanent Easement, Grantor agrees that no Site Impeevementt sal be constricted, installed,. relocated, substantially modified as reconstnitted on, over., across or under the Easements (while same is in effect) by any Grantor Without Grarstat obtaining Grantees prior written. consent to plans and speri6radons for such Site Improvements. Grantee's consent to any Site improvements shall not be unreasonably or arbitrarily withheld, but may be conditioned on compliance with federal, state, county or other local rules, regulations, or other professional, technical or Grantee's corrnercially reasonable standards of criteria, including safety criteria, which may from time to time be applics 1e to construction activities. or the installation, construction, alteration, :modification, or operation and use of the particular type of Site Improvement in proximity to the Pipelines: which are installed on, or planned fen,, the Easements. (d) Not ithstandi.ng any preeisaorts to the contrary contained be the Easements, Grantee acknowledges that Grantor Merles the eight to re- ►stall, operate, repair, rove, replace, reconstruct,. alter, change the height anal capacity of the transmission lines, patrol, inspect, improve, urge, remove, and maintain on, ever,, under, and across the Easements any and all currently existing smicturesh facilities es or installations used far or related to power generation, ttaasnilssion or distribution ("Existing Power Facilities"). Moreover, Grantor shall have the right to improve, or relocate with the Easements the towers of Existing Prower Facilities and/or build and install new power facilities ("New Power Facilities") on any of Grantor's property that is subject to the Easements; provided, however, in the event of any New Power Facilities that Grantor may desire to install, Grantor shall give reasonable notice to and consult with Grantee regarding the necessity el compliance with federal, state, county or other local odes, regulations,. which may from time to time bee applicable to construction activities or the. installation, constriction, alteration, modification, or operation and use of the particular type of Nev Power Facility in proximity to. the Pipelines which are installed on, or planned for, the Easements and, to the extent such New Power Facilities do interfere with the safe operatians of the Pipelines, consider alternative locations of such New Power Facilities that will not so interfere and are commercially feasible for Grantor, (e) Grantee shall be liable for actual destruction of, loss or damage to any craps, landscaping and improvementsinst.-Plied by Grantor in the Permanent Easement. 4409475 Pages: 3 of 13 06/22/2018 01:08 Piz R Fes:$73.00 $73.00 Carly Karrss Clerk and Recorder, Weld County, CO III frsflh1 1 fli'Xt I I9 'I h 7. Except as set forth herein, Grantor is not permitted to conduct any of the following activities on the Easements: (1) construct any temporary or permanent b dbn& (2) rbrill or operate e.y well; (3) actively remove soil or change the grede or slope.; (4) impound surface water, or (5) plant trees or landscaping; (6) establish or maintain occupied structures of any type. B. Grantee laas the tight to mow the Permanent Easement and to trim or cut do'. n or eliminate trees or .shrubbery, jn the sole judgment of Grantee, its successors and permitted assigns, as may be neCe13017 to prevent possible interference with the operation of the Pipelines and to xennove possible haza.rd(s) thereto, which, in the sole judgment of the Grantee, may endanger or interfere with the safe operation of the Pipelines and appurtenant facilities. All trees, brush and other debris caused by construction shall be removed to an authorized disposal site by Grantee. 9. Grantor shall retain all the oil, gals, end other a erals ("Mineral Rights") in, on and under the Easements which it may hold title; so as not to r.atedilly interfere with, damage or destroy Grantee's use of the Easements. Grantor makes no represent -anon or warranty as to the title of oil, gas or other mineral eights on the property Or the existence or non- existence of currently -held leases for mineral exploration, extraction, production :and or development. '10. Grantee agrees that it and Grantee Parties shall comply in all material respect; at its sole cost and at no cost to Grantor, with all applicable federal state and local laws, rules, covenants, and regulations which art applicable to Grantee's ectivities hereunder, including without limitation, the construction, alteration, operation, maintenance, reps, service, replacement and removal of Grenttee's Pipelines, associated equipment and appurtenances thereto. Grantee will not install new pipelines wit one-half mile of the ISFSI, located adjacent to the ids,, before Department of Energy obtains app.rov it from. the Nuclear Regulatory Commission. Grantor shall reasonably cooperate With the Grantee to request the Department of Energy use its best efforts to obtain such approval, if requcstcd to do so by the Grantee in writing, Nothing herein shall create or grant Grantor an implied private tight of action for enforcement of any federal, state or -local law, rule, covenant, statute, ordinance ox regulation. 11. Grantee will, insofar as reasonably practicable, level, re -grade, and reseed the ground disturbed by Grantee's use of the Easements and wit maintain the Easements clean of all Litter :and trash during periods of constnection, operation; maintenance, repo or removal. Grantee will return the soil from excavations in the none order as existed prior to excavation and +will consult with Cantor's tenant on re-; ding and re -seed in compliance with rensnes re'assanebtee recommendation. The excavated area will be compacted, seeded and crimped in with straw so that livestock will be able to freely pass over the excavated. area immediately after the excavation is filled are_ Access will be assured to both sides of any excavating during construction to allow for unimpeded livestock travel at all times. Pipe will be fitted so that travel by bvestoc.:k frorn one field to another will not be impeder. it is critical that the entire lands be available to the tenant at an limes except for the short sections under construction. All construction debris shall be cleaned up and removed from Grantees lands upon completion of installation and construction of the Pipelines by Grantee. Reseeding will be based on pre=existing grass. Grantee shall not be liable fo= any seclnataon segnired by this provision to the extent damage was caused by Grantor or .reclamation is necessitated by actions of Grantor. 12. Grantee shall use the. Easements solely for the purposes specified hereunder. There shall be no hunting or fishing, can the Easements or any of Grantor's lands by Grantee or Grantee Parties at any dine, and there shall be no use of the ground -water at any time. No firearms or fishing equipment shall be taken on the .asements by Grantee or Grantee Parties at any time. 13. The Pipelines are being installed on, lands owned by Grantor for utility purposes including the operadon of an electric power generation facility with eppuxtenarnt electric transmission and disthbution lines, Cathodic protection test stations„ as necessary for the operation of the Pipelines, as determined by Grantee„ may be placed by. Grantee at the junction of the Permanent Easement and the fence lines on .Grantor's property, Grantee shall submit to Groat©r for its prior written approval any and all plans for the installation of any test station or other Pipeline appurtenance., including those noted on Exhibit "A" as attached. Grottoes consent to any eppurtenancc shall not be unreasonably or arbitrarily withheld, but may be conditioned on compliance. with federal, state, county or other local rules, regulations, or other professional, technical or Grantor's commercially reasonable 'standards or criteria -which. may from time to time be applicable tote operation. of Grantee's Existing or New Power Facilities. I1, arid to the extent G tear's Exis 'dug or New Power Facilities require Grantee to install new cm additional cathodic protection in order to mitigate or avoid interference or- endangert.eat of the Pipelines, the cathodic ptatection shall be designed, installed, operated and minuted by Grantee at its sole cost and expense. 14_ The cathodic protection voltages applied to the pipelines could cause ground cents which could cause corrosion of the foundations or grounding system of the electric supply lines. The Grantee shall reimburse the Grantor any cost associated with mitigation or repair of actual damage to the electric supply line's foundation or grounding system ,cawed by protection currents from the Pipelines. 15. Grantee situ& be responsible to protect its facilities, employee, and the public from any present or future electromagnetic effects which may arise in the Electric supply lines. The Grantee shall pay for any studies and improvements to its facilities necessary to provide this protections. 1 &, Except as identified on Exhibit 'W'., Grantee shall cause no above -ground appurtenances to be constructed on the Easements, with the exception of mandatory safety and operation appurtenances andappurtenances otherwise deemed necessary for the safe operation of the Pipelines, including, without limitation, cathodic test leads and pipeline markers which, when possible, will be placed at fence lines or other right-of-way crossings onthe above described land. Grantee shallsubmit to Grantor for its prior written approval plans depiciing the proposed location for the installation of any above -ground appurtenance other than those ide ti.Eed on Exhibit "A" and pipeline markers. Grantor's consent to any such appurtenance shall not be unreasonably or arbitrarily withheld. but may be conditioned on compliance with federal, state, county or other local rules, regulations, or other professional or technical standards, or. Grantor's commercially reasonable standards or criteria which may from time to time be applicable to the operation of Grantor's Existing or New Power Facilities. 3 44094 75 Pages:: 4 of 13 06/22/2018 02 :09 PM P Fee:Pala Carly Koppes , Clerk and Recorder, Weld County h FAINNICNIMAVINICICYIe4 U 1!1 17. Grantee shall provide Grantor with at least seven (7) calendar days' notice of the datt upon which Grantee anticipates commencement of construction on Grantor's. property. IS. Except in emergency 'situations oz doting normal inspection and maintenance activities on the Lands,, Geantee shaft notify Grantor not less than one (1) business day prior- to Grantee's entry on the Lands, gang the time when and the purpose for which Grantee will be on the Lands so that Grantor may be present in inspect and observe the operations if desired. 19. At Grantor's sole expense, and within ninety (90) days after written notice from Grantor, and subject to seasonal restrictions, inclement weather, governmental approvals and conditions of force neap , Grantee will relocate the same to a diffiercnt location provided by Grantor on the Lands as requested by Grantor, if the Pipelines should isitetfers, in Grantor's sole and absolute discretion, with the operation and atone= ce of Grantor's facilities as now oe hereafter~ constructed. In the event that the Grantee's use of the Easements,should, in the reasonable judgment of the Grazntor,. constitute a hazard to Grantor's fatties or the general public, Grantor may require immediate relocation, or modification of the Grantee's facilities to eliminate such interference or hazard, and may suspend Grantee's :rights to ose the Lands under the Easements until such relocation, or modification in completed.. 20. For: the purposes of this Easement„ abando. rwent shall be dcftned as non-use of all of the Facilities within the Easement Area for the uses heretofore stated (which :non-use is not attributable to maintenance, repaies or replacements of the pipeline or other Facilities) for the ?coact of three (3) consecutive f1 calendar years, In the event of abandonment of the Facilities, all rights herein granted shall cease and teemirtate and the Company (or its successor or assign), shall deliver to Grantor a recordable instrument evidencing that the title to the Easement Area Ss free and clear of this Easement and the Facilities may be either removed or abandoned in place by Grantee as authorized under applicable in 1. Grantee agrees () to remove, or pay for the removal, from the Easements and adjacent property of Grantor, if, as, and when required by law or by Grantor, of any Hazardous Materials placed. or released thereon by Grantee in violation of an Environmental Law, (2) to peifonn, cox pay fox the performance of, Remediel Work where the need therefore ages as a result of and caused by Grantee's operations or activities on the Easements, and (3) to comply in all respects with all federal,stare and local governmental laws and reg.-ileums governing operations by Grantee and Rem.ealiel Work on or associated with the: Easements. In the event thet Grantee's operations result in a violation of any applicable Eirrirantriental Laws„ ales and regulations or other applicable laws, rules., and regulations, Grantee agrees to satisfy the requirement of the applicable regulatory agency reflecting that Grantee has satisfied the requirements of such regulatory agency or a latex evidencing that no further acts is required following completion of the Remedial Work Such Remedial Work, as desct bed in this paragraph tall be performed by qualified personnel, contractors or consultants as selected by Grantee unless otherwise performed by Grantor at Grantor's discretion. All costs and expenses of Remedial Work made necessary by Grantee's operations shall be paid by Grant, including, thout limitation, the charges of such qualified personnel, contractors and/or consultants. Nothing herein shall create or grant Grantor an implied private right of action for enforcement of any federal., state Or local law, statute, ordinance or relation pertaining to t a_aatdous Materials or 'violation of Environmeatal Law. 22. Crane= shall notify Grantor in veruifrig of any claim or other action by any gcverri eatal agency or other third parry involving the actual or alleged existence of Maaaxd= 'Materials on the Easements or alleged violation of Environmental Law within ten (10) days of Goatee's receipt of such claim. or other action, and to provide Grantor with copies of: (1) any notice of any release of Hazardous Materials given to Grantee pursuant to any law or regulation; and C2) any report or response to any such incident provided to the applicable governmentalagency by Grantee. THIS OBLIGATION Ste. NOTTERMINATE ATE U t _ L SUCH TIME AS TfelF. PIPELINES AND ALL APPURTESIA.NCFS CONSTRU Crisp UPON SAM LANDS TERAINA 1 _ E, THE LANDS ARE RESTORED AND THE EASEMENNITS REVERT TO GRANTOR, ITS HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS. 23. Grantee shall naaintain. or shall cause to be maintained, hi full force and effect eheoughout the term of this grant. of Easements, at its sole cost and expense, the insurance described below, with coverages and limits at levels custoraty in the industry for perforr kg work, activities, operadons tad services sieeree to those to be performed as described in this grant of Easements but at levels not less than the minimums indicated. Worker°s Compensation it accordance with the benefits afforded by the. statutory Worker's Compensation Acts a pplica.ble to the state, territory. or district 0 E hire, supervision or place of accident. Policy limits Fier worker's compensation shall not be less than statutory limits and for employer's liability one million dollars 51,000,000) each accident one million dollars 51,000,000) disease each employee, and one million dollars ($1,000,.000) disease policy limit. b. Corranercial General Liability Insurance including bodily .injury, death, property damage, independent contractors, products/completed operations, contractual, and personal injury liability, with. It limit of one union dollars ($1,000,000) per occurrence and in the annual aggregate. Commercial Automobile Insurance covering owned, hired, rented, end non -owned autocnobve equipment With a Unlit of one million doll.. ($1,0'00,000) per accident - Excess Umbrella Liability Insurance coverage in excess of the terms and limits of insurance specified in 22, a, le and c above with 2 combined limit of five trillion dollars ($5,000,000) per occurrence. e.. Grantee shall have the right to self -insure all or any portion of the insurance required herein. E Upon execution of the Easements, Grantee shall famish. Grantor a certificate of insurance or a letter of self-insurance evidencing the coverage required herein, 4 4409475 Pages: S of 13 06/22/2018 01:09 PM R Fee:$73.00 $73.0O carrly K0PPes, Clerk and Recorder )wryLd County, GO liii�1'riit.Ii'1�1 MlLI'P'LIh . '!Ptlitl iiI�I ENTITIES") FROM ANY AND ALL LIENS, CLAIMS., DEMANDS, COSTS (INCLUDING BUT NOT WA UTW TO ATTORNEYS' FEES, ACCOUNTANTS FEES, ENGINEER'S FEES, CONSULTANT'S FEES. AND EXPERT'S FEES); EXTENSES, DA`DLG1 3, LOSSES AND CACSES OF ACTION FOR DAMAGES BECAUSE OF INJURY TO PERSONS (INCLUDING DEATH) AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY Cit IMPROVEMENTS TO THE EXTENT ARISING FROM OR CAUSED BY Tr.-IE GR NThE, ITS HEIRS, SUCCESSORS, ASSIGNS, TRANSFEREES, EMPLOYEES, AGENTS, LESSEES, CONTRACTORS SUBCONTRACTORS, AS WELL AS TRUSTEES, BENEFICIARIES, RELATIVES. PARTNERS., OFFICERS, IN RECTORS AND RELATED AFFILIATED ENTITIES, INCLUDING PARENTS IN CONK E_CTIc N \\ JTFI TI -IF. ACTIVLTIES AND PURPOSES HEREUNDER. MIS OBLIGATION SHALL NOT TERIN11W.VTE 1,.' :'I l7. SUCH TIME AS THE PIPELINFS '.ND ;11.1.. APPURTENANCES CONSTRUCTED UPON SAID LANDS TE}.MINATE AND REVERT TO GRANTOR, ITS HEIRS, LEGAL REPRESENTATIVES. SUCCESSORS AND ASSIGN,. GRANTEE SI ALL ALSO INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR ENTZI`I-1ES FRCiI AND AGAINST ANY LOSS, Lula run, COST, EXPENSE, DAMAGES OR CLAIM. INCLUDLNG COSTS OF REQUIRED REPAIRS, MONITORING, INVESTIGATION, REMOVAL, RE 1RDJATION. REMEDIAL WORK, CLEAN UP, RESTORATION, NATURAL RESOURCES DAMAGES, OR DETOXIFICATION, ARISING MOM, RELATED TO, IN CONNECTION WITH, OR RESULTING FROM '1 GRANTEE'S, ITS AGENTS, EMPLOYEES, INVITEES,:CONTRACTORS AND SUBCONTRACTORS OPERATIONS ON GRANTOR'S LANDS OR THE RELEASE OF HAZARDOUS : iATERLA1 S ON GRANTOR'S LANDS, BY GRANTEE ENTITIES OR. CI:'. TEE ENTIT1PS OPERATIONS OR TILE VJOLATION OR ALLEGED VIOLATION BY GRANTEE ENTITIES OF ANY ENVIRONMENTAL LAWS. THIS INDEMNITY SFL\LT,. SURVIVE TERMINATION OF TEE EA:S.ENIENT S. GRANTEE IS NEITHER AN AGENT NOR AN EMPLOYEE OF GRANTOR, AND GRANTOR SHALL HAVE NO RESPONSIBILITY TO INSPECT OR OVERSEE GRANTEE'S OPERATIONS 24. Deft≤niti.ons as used in this grant of Easements: "Environmental 14w" means any and all applicable environne:mal laws, whether imposed by statue or derived from common. law including, butr not limited to, the Toxic Substances Control Act (15 U.S_C. 5 2601, et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (42 § 9601. et seq.), the Solid Waste f ispos:al Act, 25 amended by the Resource Conservation and Recovery Act (-I2. U,..S„C- ! 6901, ,et. seq.), the Hazardous Material Transportation Act, (49 U.S.C. 5101, et seq.), the ;Federal Water Pollution, Control Act, (33 U,S.C. 1251. et seq,), the Clean Air Act, (42 U.S.C. 5 7401, et sccl:)., the Low -Level Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.), the Endangered Species Act (16 USX. §1511, et seq.), the MIi.gr-atorc Bird Treaty Act (16 U.S.C' 703 et seq.), and applicable state counterparts, and their implementing regulations, all as amended from time -to -time, and all other comparable fcdctit l, state or local environmental,. conservation. or environmental protection laws, rules or regulations. 1 l22ardous Materials" means any substance, pollutant, contaminant, chemical, matedal or waste dnr is regulated, listed, identified under, or which may form the basis for any liability under any Environmental Laws, or which is deemed or may be deemed hazardous, dangerous, damaging or toxic to living things or the environment, and shall include, without limitation, any flammable, explosive, or radio•acrive rrra.te_ _ s; hazardous matertt s; ,radioactive wastes; hazardous wastes; hazardous or toxic substances or related materials; polychlorinated bipltenyk ; petroleum products, fractions and by- products thereof; asbestos and asbestos-cnret'ainrng materials; medical waste, solid waste, and ant• excavated soil, debris, or groundwater that is contaminated with such materials, and any other waste, material, substance, pollutant or contaminant that might subject Grantor or Grantee to any claims, demands, damages, costs, expenses or other liabilities under any Environmental. Law "Remedial Work" is defined as any site investigation or monitoring, any cleanup, containment, remedial, rem' al„ tai' restoration work performed in response to any federal, state or local government authority or pursuant' to any federal, state or local statute, rule regulation or other law, G validity 25. Grantor makes no representation or warranty to ra.nteee as to the va ty or sufficiency of title to grant the Easements, including without limitation theexistence of•any prior oil, gas and mineral teases, liens, encumbrances, r-ights- offwaiy„ licenses, casements and existing utility easements applicable thereto. Grantor makes no representation or warranty to Grantee as to the condition of the property or its suitability for the intended uses_ 26. This. grant of Easements shall be construed in accordance with the laws of the State of Colorado, Ventre shall be proper for any dispute arising under the Easements in the district or county courts of Weld County, Colorado. 27. The provisions of this grant of Easements shall run with; be binding on and burden the property of Grantor described herein and shall be binding upon and shall inure to the benefit of all persons claiming an interest in the Easements, or any portion thereof,. through the parties hereto, including the heirs, executors, administrators, personal representatives, successors, wind permitted assigns, or the parties. "Grantor" shall include the singular, plural. feminine, masculine and neuter.. 28 This grant of Easements may be executed in several counterparts, each of which shall be art original here.ofbut all of which, taken together, shall constitute one and the same grant of Easements and be binding upon, the parties who c„xecutcd ant counterpart, regardless of whether it is executed by all parties turned herein., 29. '].fie rights. granted to Grantee may be assigned, an whole or in part, with the express written consent of Grantor, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing„ Grantee may assign this grant a Easements. without the consent of Grantor, to any (1) entity that, directly or indirectly, owns or controls; is owned or controlled by, or is under common ownership or control of, Grantee, (ii) entity to whom Grantee has assigned all or substantially all of its assets or (iii) to any bank, financing institution or other lender, or groups thereof, pursuant to the terms of any financing agreements. 5 44139475 Pages: 5 of 13 06/22/2018 0109 PM R Fee :873 , 00 Carly Kop.cret, Clark and Re order W81d County CO Ill littralakik Mit++P'i �AIN7im6'1Pk4'I�YV+A � III 29. The rights gated to Grantee may he assigned, in whole or in part, with the express written consent of Grantor, which consent will not be 4 ,-onably withheld,. conditioned or delayed. Notwithstanding the €oregoing, Gractoe may assign this get of Easements, without the con t of Grantor, to any (1) entity that, directly or indirectly, owns or t ls:, is owned or controlled by, or is under common ownership or control of, Grantee,'(n) entity to whom Grantee has assigned all or substantially all of its assets or (iii) to any bank, financing institution or other lender, or groups thereof, pursuant to the terms of any financing agreements. 30. This grant of Easements embodies the entire grant with respect to the Easements and supsrs'cdes any and all agreements, representations, warranties, or statements which may have been made between the parties pear to the date hereof, . whether express, implied, itten, or verbal, 'concerning the subject matter hereof, except for any provisions con ,red in prig- wnttea .agzeernients that expressly survive same and were not amended hereby. TO HAVE D TO HOLD the signs, privileges and authority hereby granted unto the Gm:Kee, its successors and permitted assigns, so long as the same sh2r be used or useful for the purposes of the Grantee or its permitted assign. EXECUTED this I 3214 day of 0 2016. GRANTOR(S): PUBL C SERA + . PANY F COLORAD By: Michael E. Diehl, Manager Siting & Land Rights Public Service Company of Colorado ACKNOWLEDGEMENT STATE OF COLORADO j ss. CITY e COUNTY OF DENVER The foregoing instrument was acknowledged before me this the Gem day ofjusie 2018 by Michael E. Dim!,, bielanager of Siting & Land Rights for Public Service Company of Colorado. Commission expires: ever 9alic Witness my hand and official seal. JEFFREY A WALKER NOM! STATE OF COLORADO NOTARY ID 20100441061 EPS 101 APPROVED and consented to this '1 Slr day of + 2013. Kern -McGee Gathering LLC, a Colorado limited liability company Lel 7.1 fir\ ldsay Jaffee, Agent Attorney --Pact otro 6 440 475 Pages: 7 of 13 06/22/2018 01:09 RM R Fee:$73.00 Carly K0POINS. Clerk and Recorder, Weld County CO •ii M 1 � NON ilh II ill .A.CKIsTOWLEDGEMENT STA 'E OF COLORADO COUNTY OF DENVER ^)y ) The foregoing instrument was acknowledged before me this ' acuisOe 2018 by Lindsay N Jaffee, Agent & Attorney-ir1-Faat of Kerr-McGee Gathering LTC, a Colorado limited liability company, on behalf of said COrflppa)'. Witness my hand and official seal.: 'y covranission expires: PLEASE RETURN RECORDED ORIGINAL TO: Public Service Company of Colorado Michael Diehl 1800 Larsmer Street, #400 Denver, Colorado 80202 Notary Public PATRICK Jt BILLADEAU NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144(0675 MY COMMISSION EXPIRES JANUARY 07! 2022 4409475 Pages: 8 of 13 06/22/2018 01:09 PM R Fee ::$73 ,1 0 Criy K::141P-O5 C:erk and Recorder, Weld County, CD PATIESMI*CMICILAWRIritillig 1/4 CORNER SEC 9! SFC 10 2.5" ALUM PLS 16154 t299 27;.; Nj 75' Maine ROW KERR-MCGEE CA 1WER1WC REG. NO. 4067 28 _ ucw GR mo APPURTEN4P10E Sit REC. NO 406.71'28 KIEL MPEUMES 16115 r Russ Co as ILLEGIBLE (SURVEY Jr TO F.O.B. J 4513.5'37" E 349.97) Sat rxiciwc DCP PIPELINE EXISTING JWGPIPELINE Kass RCM pt IRios Li 11 If .1 I II I VALVE SITE I r: r. I f { 4 S urc yS Om ma Row BASK- OF BEARINGS gass S Y- 4P al 0 a s � i Sim a a 215' TO4P0.i.ARN IMF SPACE N_CENTERUNE RIGHT of WAY 15 PVKFO' ARV LOCAWN L3 £2 002?'52- PROPOSED 651xf' ABM MusD APPttRWWh10E SITE P.O S. Pt 1328543.43 E7 •3 i 7160159 Fin Cat. OSIN IA J;- 30.233617 I7 LOW: -104.885356 if '10Q'' PIPELINE ROW KERR-MCGEE GATHERING _REC. WO. 40671.28 WCR 34 E GRAfOAPPORTDIANCE ' 11E'C. NO, 4067128 CO C, SIM V� AND e /{ _ LI 41\_ USING VEEN. OW) P.SICo. SW114 SECTION 10 7-3NR67 ''6THP ' st N 892 p 145 - W 2510.64' N 400' 800' ;j LCIfJ ms OF ITTIC HE5 MID fORJSA','N PIPELW S WERE D(Tr 0 FROM %ISt8'LE SI1WFAF:E EVIDENCE. THESE WCAM} S F WORN MW M)T $C ACCURATE OR COMPLE7E OMER MIMES IMIt EMT AND ARE TO BE FFELW LOCATED BY Ord PRIOR RI EXOWATIOM L.) 111J5 EMS WAS PREPARED IWTHOLIT DIE Elt-ItiErIT {JF A TITLE 09WITME'ri, THIERETORE AMENS, W. MS NOT RESEARCKCI 1R WWI AMY OTHER 95atellS, RIOPITS OF **E WOWS AND OR ACREEAtiNES OF RECORD JET AS ffYre tit ► i€aY. J.) TMS WINNIS NOT ��Ayyyy��F1&' 'I` CA OR Mf{�y74fiu'ENT ,Slim RAJ Pi r5 NOT TO 8E RELIED tAFVI4 FOR iNC ESTA& ENT OF .ANY tap i9otatetsigt EASittE I l y r c ect CA OneFUTLRL rars. 4) grata ` Pa FERCON ARC WO tW GAPS OiSSOMFONS VA 146 ttOr P091081,10 StS?st isso/De T1 oat PoSti ern U'5V? SERyta OFFERED BY DE 1M i as. AM? pTm Ri to om,e° CCORIWAIE .SYSTEM OF PM NOM Mt CRS. 4a.,57-.705 & 10.5), gsrphiois SHOWN feEO U WIN US SMIni.SEEP tom_ That CaeMal WPM MID WAN THE Cat ALMS 0.99973031. 5.) NCMCE ACCOROWfT TO COLOR400 LAW YOU 1W COMMENCE mar LEG4L ACTION RASO UPON Ate 17£FECT Mi 7} NS Sale WPM, DEE IVA RS AMR MO rim 06com sum =Ea w J * Mt um. r4rtPh' d6PONAWY Karr C. F a i M'S Stara Or C %r MOPE Pm Fa WAR! Atti THE (MIt or fit .C RITTO AONrJ Vithig h OM 6.; Pt MOT ItcS PRERERED Iit 1IMAFT ROBERT asifMI i, Pis 38257 fORM° ow !Ova of Atka mt T$5 TEltuReE SE, 9411E 7, mast Y'. CO 8060r. ,., SLE>'IEIE pirrAtte OEsiTo* BY H Ftrrg REFERFNGE is WADE ,H;.ErEO. Acklam, Inc. 195 "eil. ide St, Sulte 7 3riQhlnr CO, 80601 KERR-MCGEE GATHERING LL ' EXHIBIT "A" RIGHT OF WAY LANDS S1/2 SECTION f 0 TSN R67114" 6TH PM, WELD COUNTY, COLERBID KALE r-400 SAdf EWE- 03/15/45 a Nicu.r a rod. ST MAIN TO u PIM S2II FT 1 Or 6 t A 5/27/18 105x3 ZAdmen 'j4D$Ii.emnm413fa1.1 * - t Vrtr 1i LMMhatCraw no 0188003 156C0 SECTKXVOsartijullmg, 51242018 ittent Ais1 4409475 Pages; 9 of 13 05/22/2018 01:09 Pm R Fee:$73.@e Carly Koppes , Clerk and Recorder Weld County, CO yin EirdKrirship, r+r.�iai�if �u�wtaw,u,w� �i m 1 Elsc wwv,m tel vn40 P no a. 133HS 33$ Hai I CENTERLINE RICHT OF WAY INC ,e2 ca dot's:cc. rt Cr) kft ce ria N fel etes ES On COI; i Ch44 424.20' 0 Li ■ Li I un ; L4 t Flu Ill r HIV LulJILA it hs It r W 4 s�Ita LL..l Si ergrZfSZ 3 10t'Jitr,00 S A n lenj 0 cc CC Utel c) ec cz, z at till 0 et C3 *;( 1-6ft 3 CD Laj Cr) rcc rift 6 ktS 144 z to w C4 k. 4) `5 ,a {J916 Sd C TA q CIA CO §1; PI EP 54 Beg t AiN cgtwit t s og ti ip tE; ,- NIr-Srrrrs& Pi -it ni ex ght. 46 43 gli voy w gt- t 4 Ut z eis4 gi E 44,1 h 4 m b c Blx:? d'Ap; ge iLX 3 er a. I 44, L3 7" 4409475 Pages: 10 of 13 06/22/2018 01:09 PM R Fnn;$73,00 Carl? Klapp , Clerk and Recorder. Weld Cg�nty�, CO VIII Prji' '� II4CI'.k'I' LA �� I , iitri@i1 11111 EXHIBIT "A" DESCRIPTION — RIGHT OF WAY LANDS LOCATED IN A PORTION OF THE SOUTH ONE-HALF OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6111 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: PERMANENT PIPELINE RIGHT OF WAY A 75.00 FOOT WIDE STRIP, BEING 37,50 FEET, AS MEASURED PERPENDICULAR, LEFT AND RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE SOUTHWEST CORNER. OF SAID SECTION 10, BEING AN ILLEGIBLE 2 INCH BRASS CAP, THENCE NORTH 45°55'37" EAST, A DISTANCE OF 349,97 FEET TO THE EASTERLY LIFE OF THE 100 FOOT WIDE PIPELINE RIGHT OF WAY"A." AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION NO. 4067128 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER. AND THE POINT OF BEGINNING: THENCE SOUTH 89°54'3T EAST A DISTANCE OF 9734 FEET' THENCE NORTH 00°50"51" EAST A DISTANCE OF 914.59 FEET; THENCE SOUTH 89°11'03" EAST A DISTANCE OF 193.48 FEET; THENCE NORTH 00048"57' EAST A DISTANCE OF 1:37.89 FEET; THENCE NORTH 44°11'03` WEST A DISTANCE OF 78.81 FEET; THENCE NORTH OO°4$'57" EAST A DISTANCE OF 1240.05 FEET; THENCE SOUTH B9°29'13" EAST A DISTANCE OF 2058.57 FEET; THENCE SOUTH 89°26'25" EAST A DISTANCE OF 377.78 FEET; THENCE SOUTH 44°28'14" EAST A DISTANCE OF 424.20 FEET; THENCE SOUTH B9°05'45" EAST A DISTANCE OF 1936.63 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID SOUTH ONE-HALF OF SECTION 10, AND THE POINT OF TERMINUS, FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 10 BEARS NORTH 00°45'24' WEST, A DISTANCE OF 349.21 FEET. THE SIDELINES OF THE HEREIN DESCRIBED RIGHT OF WAY ARE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS THE TOTAL LENGTH OF THE ABOVE DESCRIBED CENTERLINE IS 7,459.54 FEET, CONTAINING 12.844 ACRES (559.486 SQUARE FEET) OF LAND, MORE OR LESS, NOTES: 1. SEETHE ATTACHED EXHIBIT BY WHICH THIS REFERENCE IS MADE PART HEREOF. 2. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE ACLAM, INC, HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 3. BEARINGS SHOWN HEREON ARE BASED ON CPS OBSERVATIONS AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (D.R..S. 33-52-105 & 106). 4. DISTANCES SHOWN HEREON ARE IN' US SURVEY FEET GAfO. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.09978032. 5, THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH R:M_, SAID LINE BEING MONUMENTED ON THE WEST BY THE WEST ONE -QUARTER CORNER OF SAO SECTION 10, BEING A 23 INCH ALUMINUM CAP MARKED PLS 15154 AND ON THE EAST BY THE CENTER OF SAID SECTION 10, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 13155 AND BEARS SOUTH 89°2913" EAST. REVISIONS PROJ. NO. 188003 PREPARED BY: MATT ROBERT E)BENACH DATE PREPARED: 05/24/18 FOR AND CN BEHALF OF AC!XI.AM, INC.. 195 TELLURIDE ST., SUITE 7, DO 80501 3O3.659.6267 Io 3_9sCO_SEC itRaVeAskicii PRINTED. &24X'018 10.41'00 AM MirP*W Ft. Eisenach NO. DATE BY DESCRIPTION i SHEET 3 OF 6 4409475 Pages: 11 of 13 06/22/2018 eS.,e9 PM R Fte:73400 Carif yf KcP•pes Clark and Rot*? der -t Wald County CO 1rii'1! ii'? ' •"JI{ nti iAIk, Ire 1 09Z A4 r I Z$t,00 X3_rPSCO_SECTIOhb_1l dray 512412011 10;37A0 i 4409475 Pages; 12 of 13 06/22/2018 01:09 PM P Fee:$7L.O0 Carly Kir p$s , Clerk and Recorder. Weld Ca+vnty- CO VIII rrAvykdriamilomiociirdoili:anilyi, wN t R i CO pal COI CO t -r)' I I I I I itedi i a U. a. i Is i a. m d CL CL , 2, 0 c. i i r i in 146 tin LA, Cr IQ 0 a r r a � r r Lw H L' laJ kg 1N &)1 0 . LIZ 14' C...., C..) .,, 4 R ,ik let .Li Cie it "0 et in K it I II II it Ir IJ i1 PI If rd rr 11 di ...: t fit II E - its t; i is; 2. ,W1N9 ; sit'tfrOO £ f to a bg.:4 �k R 1 I 1 §a In P.h.4 A s Pi ski rA 311 R! ! C� k t ER 4 8 EEp L, 50, fir 2 1 gi a S kge; ;;I 9O1t LP IE _ 71�Us I t a a ry tut tot ✓r 6 4 J a 3 4409475 Pages: 13 of 13 06/22/2018 01:09 PM P Fee!$73.0e $73 0G Carly goPres Clerk and Recorder Weld County. CC UI 1'S'U I#i'IWJ II III EXHIBIT "A'r DESCRIPTION RIGHT OF WAY LANDS LOCATED IN A PORTION OF T =1E SOUTH ONE-HALF OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE OF COLORADO,. DESCRIBED AS FOLLOWS PERMANENT PIPELINE RIGHT OF WAY A 75.00 FOOT WIDE STRIP, BEING 37.50 FEET, AS MEASURED PERPENDICULAR, LEFT AND RIGHT OF THE FOLLOWING DESORFRED CENTERLINE; COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 11, BEING AN ILLEGIBLE fi,5 INCH BRASS CAP, THENCE SOUTH X00045`24° EAST, ALONG THE WEST LINE OF SAID SOUTH ONE- HALF OF SAID SECTION 111 A. DISTANCE OF 349.21 FEET TO THE POINT OF BEGINNING; THENCE SOUTH B9°05"45"" EAST, A DISTANCE OF 5211,53 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID SOUTH ONE-HALF OF SECTION 11, AND THE POINT OF TERMINUS, FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 11 BEARS NORTH CO°4414& WEST, A DISTANCE OF 338.01 FEET. THE SIDELINES OF THE HEREIN DESCRIBED RIGHT OF WAY ARE SHORTENED OR LENGTHENED TO MEET AT ANGLE POINTS AND TO BEGIN ON SAID WEST LINE OF THE SOUTH ONE-HALF OF SECTION 11, AND TO TERMINATE ON SAID EAST LINE OF THE SOUTH ONE-HALF OF SECTION 11. THE TOTAL LENGTH OF THE ABOVE DESCRIBED CENTERLINE IS 5,211.53 FEET, CONTAINING 6.973 ACRES (390,865 SQUARE FEET) OF LAND, MORE OR LESS. NOTES: 1. SEE THE ATTACHED EXHIBIT BY WHICH THIS REFERENCE IS MADE PART HEREOF. 2. THIS DESCRIPTIlO N WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE AOK!LAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 3, BEARINGS SHOWN HEREON .ARE BASED ON OPS OBSERVATIONS AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE MC' S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 FORTH .ZONE" (C.R.S. 38-52-105 & 106). 4. DISTANCES SHOWN HEREON ARE IN US SURVEY 'FEET GRID, THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.99973032. 5. THE BASIS OF BEARENGS FOR THIS SURVEY IS THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., SAID LINE BEING MONUMENTEO ON THE WEST BY THE WEST ONE -QUARTER CORNER OF SAID SECTION 11, BEING AN ILLEGIBLE 1.5 INCH BRASS CAP AND ON THE EAST BY THE CENTER OF SAID SECTION 11, BEING A 2.5 INCH ALUMINUM CAP MARKED PLS 38414 AND BEARS SOUTH 88'58111 EAST. REVISIONS PROD, NO. 188003 PREPARED BY: MA'.TT ROBERT EISENACH DATE PREPARED: 5124/1$ FOR AND ON BEHALF OF ACKLAMI, INC.. 195 TELLURIDE ST., SUITE 7, CO 80601 303.659.6267 18e404_PSC4_$EC 1 t Afoot PRINTED: 924120181 a:44 C O AM Malthew Ft. Eiitiith heiti, DATE I BY DESCRIPTION — SHEET 6 OF 6 401486O 06/08/2014 03 08 PM Total Pages: 3 Rec Fee 521.00 Steve Moreno - Clerk and Recorder, Weld County, CO RIGHT-OF-WAY GRANT THIS FRIGHTOFMAY GRANT ("Grant) is made this / day of -Z t#j 2013, from Donald Sack, whose address is 25860 East 168th Avenue, Erdghtort,, Colorado 80603 ('Grantor," whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 (KIVi.GG"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto ''Kl'GGb,. its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove and release, at KMGG's election, one or more pipelines., electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground. necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water., electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseot ss, and any products, derivatives, combinations or mixtures of any of the Foregoing, in, on, over, under, or through the lands. situated in Weld County, State nf Colorado, being described as follows.: TOWNSHIP 3 NORTH, RANGE 66 WEST, 6714 PM Section 3' A parcel of land situate in the South Half (12) more particularly described in that certain Special Warranty Deed recorded December 29, 2011 at Reception No. 3814612 of the records of the Clerk and Recorder of Weld County, Colorado. The route and course of the right-of-way and easement conveyed hereby ("Right -of -Way. Lands") are more particularly described on Exhibit tAt attached hereto and made a part hereof_ The width of the Right -of -Way Lards is one hundred feet (100') during construction, and subsequent to construction the width of the Right -of -Way Lands is seventy-five feet (75'). If there is a deviation in the Right -of -''ay Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as -built survey plat. to amend the description of the Right -of -Way Lands. From time to time after the initial construction of the pipeline(s), KMGG may require the use of the construction work space depicted on said Exhibit "A' to survey, construct, rnaintain1, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with appurtenances. KMGG may use the construction work space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use.. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant Any pipelines and/cr appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 42 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right-ofMay► Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of -Way Lands that are removed or severed by KMGG in the course of the operations provided for in thisGrant to the condition such fence was in prior to its removal or severance by KMGG, If necessary to prevent the escape of Grantor's livestock,. KMGG shall construct temporary gates or fences in those areas affected by MMGG's operations. as provided for in this Grant, To the extent reasonably practicable and within a reasonable period of time after completion of construction, KMGG shall level and restore any lands affected by KMGG's operations that have excessive settling and shall sufficiently compact he soil to the condition that existed at the time immediately prior to the placement ofKMGG's pipeline(s). Grantor agrees that Grantor will not build, create, or construct, or permit to be built, created or constructed. any obstruction, building, fence, reservoir, engineering works or other structures or improvements over. under. on or across the Right -of -Way Lands without the prior written consent of KMGG, KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder. Grantor agrees that at KtlGG's option, KMGG may pay and discharge any taxes, mortgages or liens existing. Levied or assessed on or against the lands burdened by the Right -of -Way easement. If K.M G exercises such option, KMGG shall be subrcgated to the rights of the party to whom payment is made. and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from MG "s activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and by an authorized representative of WO. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant runnong wit9 the land and shall extend to and be binding upon the successors and assigns of 'Grantor and of MG.. KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in the records of the County in whorl the Right -of -Way Lands are located_ By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts.. each of which shall be considered one and the same agreement N WITNESS WHEREOF, Grantor has agreed to and accepted this Right -of -Way Grant as of the date first above written. Grantor: 4 it f Donald Sack STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this i day of c1 _, 2013, by Donald Sack. Witness my hand and official Seal., My Commission Expires: 11) j (SEAL) Notary Public: _`'-a-7 Address: ovo eor 45 Dandier Co reel G kriArt 3i cunt ris Y • L_ <7T LL a e Z rtel cciw et sr co 03 66- Cni"Kr ne -.4v is CENTERLINE RIGHT Of WAY cRA 2 sal a r - t ed r 201 z s ci cc isre A C S p O. z I. TOTAL CIENTEli ,d4 Cr 3 2 6 IOW twld 2 a 1 F r pg a C 2 I - L S rF CC 0 ier C t" 0 14 0 0 0 0 1 IcaVI nel Cr II< 5--- r3/4y tstopo Laj t' i 5 e L 51 f 1 'F it 4 M E tip e 1E4; ct G is xi. S a r. y tati St t n - C' a Ifin a • EL 9 I'' r i v t • ic r I ti 12 1 el �ter �:-1 r1. ` A 'r b.., .1 t TTY n a en • -1 = w r+ ; Cl Ls, Cuiu DRM Physical Content Submittal Sheet Page 1 of 6 Land » Lease » Lease D0002537462 Sender Name: Andrew Matej Date Created: 12/19/2014 Barcode Expires: 01/18/2015 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Value Attribute Description REC COPY LEASE DONALD SACK Document Date 10/16/2013 Lease Document Type Surface/EaseTnent/ROW New Lease Packet Yes New Well Ha n d off No Lease 'Number Suffix 1.342 34000 File Key 9829868 Group Code SLIR Lease End Date 12/31/2099 DONALD SACK Lessor Name Prospect Name VVATTENBERG GATHERING MIDSTREAM SURFACE (KMGG)/Ar-42101067 State County United Skates;Colorado:Weltt(326OOS123) Create another submittal sheet: New I Based on this one Create another New Lease Packet: New I Based On _t.hi.s one Edit this submittal sheet Home (A view sheet.asp`ass_id DO0025374,I0002537463,D0002537464,,D0O___ 12/19,/2014 3964047 0917/2013 09:04 AM Total Pages: 5 Rec Fee: $31.00 Steve Moreno - Clerk and Recorder, Weld Courty, C RIGHT-OF-WAY GRANT . J THIS RIGHT-OF-WAY GRANT "Grant) is made this 'day of September, 2013, from BELLA FARMS LI_G, a Colorado limited liability company, whose address is 1275 Weld county Road 32, Platteville, Colorado 80651 ("Grantor., whether ore or more), to IKERR-MCGEE GATHERING LLB, a Colorado rri iced liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 (" K GG"). The parties agree as follows: For and in consideration of Ten Dollars ($10,00) wed other good and valuable consideration. the receipt ard sufficiency of which are hereby ackncwiledded? Grantor hereby grants, conveys and warrants untoI\AGG , its successors and assigns,a perpetual right-of-way and easement to survey, construct. maintain? inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove and release, st ',01 's election. one or more pipetines, electr'c power lines, data transmission lines ard equipment, and all ppurte names, below and/or above ground, necessary or conveniErt for the transportation or transm'ssiar of oil, gas, petroleum products, water, electricity. electronic data, hydrocarbons and any other substances. whether electronic, fluid, solid or gaseous, and any products. derivatives, combinations or mixtures of +a,Pny �oyf the foregoing, in, or, y over, under. or through the lands situated in Weld County. State of Colorado, being described as follows: TOWNSHIP 3 NORTH. RANGE 56 WEST. 6T" PM Sention 7: Part of the Southwest Quarter (8W14) and part of the Southeast Quarte" (SE/4) Section 8: Part of the Southwest Quarter (S (4) The route and course of the right-of-way and easement conveyed hereby ("Right -of -Way Lands") am more particularly described on Exhibit W attached hereto and made a part hereof. The width of the Right -of -Way Lards is one hundred feet (100') during construction. and subsequent to construction 'ythe width of the Right-ofWayyLands is seventy-five feet y (75'). Any deviation in the route and course of the Right -of -Way Lands as described on Exhibit "A" shall require the consent of the Grantor. If mere is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right -of -Way Lands. From time to time after the initial construction of the pipeliner:s), KIVIGG may require the use of the constructkm work space depicted on -said Exhibit U,An to surrey, construct. maintain, inspect operate, repair, alter,, replace, modify, , change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with appurtenances. kriVIGG may use the construction work space from time to time in connection with the rights granted hereby,. provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not it use_ Grantor represents and wa"rants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant. Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant sharl be placed at a depth of not less than 35 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Rig lt- cf-Ways Lands without KMGG's prior wrtttern permiss cry. KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of -Way Lands that are removed or severed by DOG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KNIGG. if necessary to prevent the esca lie of Grantor's, livestock,, KNIGG star cznstruct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. To the extent reasonably practicable and within a reasonable period of time after crnpletien of construclicn, WOG shall lever and restore any lands affected byKMGG's operations that have excessive settling and shall sufficiently compact the soil to he condition that existed at the time immediately prior to the placement of KMGG's pipeline(s).. Grantor agrees that Granter will not build, create,err construct, or permit to be built, created or constructed, any obstruction, building, fencer reservoir, engineering works or other structures or improvements over. under, on or across the Right -of -Ways Lands without the prior written consent of KINA G. KMGG shall have all r ghts, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantors lands iying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder. Grantor agrees that at KMGG's option, KMGG may pay and discharge any taxes, mortgages or liens existing., levied or assessed on or against the lands burdened by the Right -of -Way easement. If KIVIGG exercises such option, KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG, KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KIUIGG's activities and operations on the Rightaof-Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for. reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant cannot be modified., except by an instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the tern -is, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMGGPAGG. KIVIGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located.. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts, each of which shall be consicerecl one and the same agreement. IN WITNESS WHEREOF, KMGG has executed and Grantor has executed and delivered this Right -of -Way Grant as of thedate first above written. Grantor: Bella Fart LLC, a C lorado slid liability company By: GarydGene Henrickson, its Registered Agent STATE OF COLORADO ) } ss. COUNTY OF WELD The foregoing instrument eras acknowledged before me this Lr day of September, 2013, by Bella Farms LL►C, a Colorado limited liiability company, by Gary Gene Henrickson, its Registered Agent Witness my hand and official Seal,. My Commission Expires, 1.1/4471,,t)1 e JAMES W,, WATT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/2$/2015 r er e'er` etre Notary Pub: c CO es( a"O 1O IN ti � Y1dta, nn � t �hrs tie. 2 Z as r IS ;2 NMI til Not Vic te t _y ; ta!r = Pi k I I I I 1 .61 I Y. c. Q. YL Y- IL Ck- C- C - a. & 0- Q. I Ck- I I I Gr 6 C4 uJ. Slit h't'YH 'M u -a At j4 to Lilt at lit FYI 4 14.1 I 3111 t� i L in in 6 :OD tri 'B3 r'3 i0 z g MIMS 3S 'Pills `3.411 '$ N 2 Z O LIJ Er— r 0 C i i r a A M W p u V A 2 H rfr 4 r lam I a eel Lok O 5 qa a o : 0 f 0 LLJ Y a_ tE itiD o` C X or I a Vanc ■ Q tl4 n le S fiji-�' ifr eAd S ,:ii 4 wt , 2 pia .I1_ il al Pigt-. A 0 o 1 �a To -I ‘_RN El`i r:. i&I$iii4 1”1:421t Oillilt; ,1112g11:1 2114:74 1A t .A'H t� ►3+ t M B d I sin I. .1 S a P I - Physical Content Submittal Sheet Page 9 of 132 Land>> Lease>> Lease D00O2293250 Sender Name: Date Created: Barcode Expires: Department: Security: Analicia Maldonado 10/24/2013 11/23/2013 Land Record Non -Privileged COLOR DOCUMENT 1Vpaqiw≥ Attribute Value Description COPY - RECORDED - ROW GRANT - BELLA FARMS LLC TO KERR MCGEE GATHERING LLC Document Date -- --- - - 09/10/2013 Lease Document Type a Surface/Easement/ROW New Lease Packet No New Well Handoff No. Lease Number Suffix CO -S00019316 File Key 2312355 Group Code LSE Lease End Date 12/31/2099 Lessor Name BELLA FARMS LLC Prospect Name SURFACE (KMCG}/A-4210106 ' WATTENBERG GATHERING MIDSTREAM State County CDLOF DO:WELD(123) Create another submittal sheet: New I Based on this one Edit this submittal sheet Home APB htup:.//uiaweb/UI/view_sheet.3 s ?ss_id D0002293704,.D000 293657,[000 4 ,DO.... 10/25/2013 4410766 06/27/2018 02:51 PM Total Pages: 4 Rec Fee: $28.00 Carly Koppes - Clerk and Recorder. Weld County, CO RIGHTiOFMAY GRANT AtiO THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of � r 2018. from LUOW IG FAMILY FARMS LLC, a Colorado limited liability company, ose address is 18010 Weld Coolly Road 38, Platteville. Colorado 60651 ("Grantor,' whether o e or more), to KERR- MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 el 8th Street, Suite 1600, Denver, Colorado 80202 (' MGG'). The parties agree as follows: For and in consideration of Ten Dollars ($10n00) and other good and valuable consideration, the receipt and sufficiency of which are hereby, acknowledged, Grantor hereby grants, conveys and warrants unto "KMGG", its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect, operate, repair, replace, relocate, modify, change the size of, reconstruct, mark, monitor, abandon or remove and release. at KMGG's election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground,necessary or convenient for the transportation or transmission of oil, gas, petroleum produs, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or rnbdures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NO I TH. RANGE 66 WET, 6TH PM SECTION 1; Part of the North Half (N12) The route and course of the rig rof-war and easement conveyed hereby ("Tight -of -Way Lards") are more particularly described on Exhibit "A attached hereto and made a part hereof. The width of the Right -of -Way Lands is one hundred feet (100') during ccnsiruction, and subsequent to construction the width of the Right -of -Way Lands is seventy-five feet (75'). If there is a deviation in the Right -of -Way Lands as constructed. then Grantor agrees that upon request kern hill the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right -of -Way Lands. From time to time after the initial construction of the pipeline(s). KMGG may require the use of the construction work space depicted on said Exhibit UN to survey, construct, maintain, inspect, operate, repair, alter, replace, relocate, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with appurtenances. KMGG may use the construction work space from time to time in connection with the rights granted hereby„ provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant. Any pipelinesand/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Fight -of -day Lands without Ki't's prior written permission. KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of - Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMGG. If necessary to prevent the escape of Grantor's livestock., KMGG shall construct temporary gates or fences in those areas affected byKMGG's operations as provided for in this Grant. To the extent reasonably practicable and within a reasonable period of time after completion of construction, KMGG shall level and restore any, lards affected by KMGG's operations thathave excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s). Grantor agrees that Grantor wHP not build, create, or construct, or permit to be built., created or constructed, any obstructor, building, fence, reservoir, ergireering works or other structures or improvements over. under. on or across the Right -of -Way, Lands without the prior written consent of KMGG, KIVIGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMGG's rights hereunder Grantor agrees that at KMGG's option, KMGG kith 4410766 06/27/2018 02:51 PM Page 2 of 4 may pay and discharge any taxes, mortgages or liens existi:ng,levied or assessed on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option, KMGG shall be subrogated to the rights of the party to wham payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from IKMGG. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify and hold KNIGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use anc enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and by an authorized representative of KIVIGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMGG. KMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of ;Right -of -Ways Grant. Kl r'11GG shall be deemed to have accepted all of the terms and conditionshereof. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement, IN WITNESS WHEREOF, Grantor has executed agreed to and delivered a.ccepted this Right - of -Way Grant as of the date first above written. Grantor(s): LUD 'IG FAMILY FARMS LUG, a Colorado limited liability company Jzocot By: David L. Ludwig, Manage STATE OF @itortk ) raj COUNTY OF , _ 1 „nit' The foregoing instrument was acknowledged before me this fisi day of 2018, by David L. Ludwig; Manager of the Ludwig Family Farms LL, a Colorado limited liability company. Witness my hand and official Seal. de.sytii My Commission Expires: ': Zcz NOTARY PUFEIC S TAT -E OF COLORADO NOTARY W 0 20054008812- kAr COMMISSP N EXPIRES S M:AgCM 11.21Y29 (SEAL) Address: 1 -MeGee Gathering LLC 1099 18th Street, Suite 1800 Denver, CO 80602 4410766 06/27/2018 02:51 PM Page 3of4 NJ W S a 4 rim 1-14 22 wt `may R. 1-; ilh t s tit v t 126 C 1 — -c d tati A, 3 40leiliZI lAk:.;-1--,4 Teal 2s- in A ;C.. !tics$ `fib ,x 5i ;12 irc 23 nigPmg4ag 1 'Irgicia I xi,„.4*-th*, %IQ Vac Tom. PI ;R a q Bq ..0sErrCI i . S Y Utaa aiN EWE,. ta raA ■A !a i lili tib4 i ii I i ;if Fii cnk c- —1l z cz,x r — lab o 'i� 0 Cif) N sin ce 4q� C If 1644 310431 i I I 1 i 1 1 i i Z sin tin 4 Ca LCD 1 S 1 V 1 .% r7, titre r c. -ha Q err a:ghaa T7 a • 1 l f co gig eo -Pr ra 4 L f F ► (.4) rzi rat - c.a m g +aa p r ggsla. Qia\ -146 thcl ("31 Xoa g l °*., n8, I i 114 je1 c 1Dte 3 dtm 'iii' rn t Cal CIS r 25 irsimmttRY SPACE 111 ri CENTERLINE RiGHT Or WAY I 3750' 37. 75' s 4410766 06/27/2018 02:51 PM Page 4 of 4 DESCRIPTION — RIGHT OF WAY LANDS A PART OF THE NORTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 6 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: PERMANENT PIPELINE RIGHT OF WAY A 75400 FOOT WIDE STRIP, BEING 37.60 FEET, AS MEASURED PEF PENDIOULA R, LEFT AND RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 1, TOWNSHIP 3 NORTH, RANGE 86 WEST OF THE err' PRINCIPAL MERIDIAN, BEING A 2.5 INCH ALUMINUM CAP MARKED PLS 96 , THENCE NORTH 87¢'19°00" EAST, ALONG THE NORTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID NORTHEAST ONE -QUARTER OF SECTION 1, A DISTANCE OF 1305.38 FEET TO THE POINT OF BEGINNING; THENCE SOUTH OO'3O5'32" WEST, A DISTANCE OF 29.91 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 38, ALSO BEING THE NORTH LINE OF THAT CERTAIN PIPELINE RIGHT OF WAYAS RECORDED AT RECEPTION NO. 399985O AND THE POINT OF TERMINUS, FROM WHICH THE EAST ONE -SIXTEENTH CORNER OF SAID SECTION 1 AND SECTION 36, TOWNSHIP 4 NORTH, RANGE 66 WEST BEARS NORTH 49°5125" EAST A DISTANCE OF 49.12 FEET. THE. SIDELINES OF THE HEREIN DESCRIBED RIGHT OF WAY ARE SHORTENED OR LENGTHENED TO BEGIN ON SAID NORTH LINE OF THE NORT ST ONE -QUARTER OF THE NORTHEAST ONE - QUARTER OF SECTION 1 AND TERMINATE ON SAID SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 35. THE TOTAL LENGTH OF THE ABOVE. DESCRIBED CENTERLINE IS 29.91 FEET, CONTAINING 0.052 ACRES (2,443 SQUARE FEET) OF LAND, MORE OR LESS. TOGETHER WITH A 25.00 FOOT WIDE TEMPORARY WORKSPACE BEING PARALLEL, CONTIGUOUS, ADJACENT AND LYING WEST OF THE WEST LINE OF THE ABOVE DESCRIBED RIGHT OF WAY, CONTAINING 0,017 ACRES (74a SQUARE FEET) OF LAND, MORE OR LESS, AS DEPICTED ON SHEET 1 OF2. NOTES: 1_ SEE THE .ATTACHED EXHIBIT EY WHICH THIS REFERENCE IS MADE PART HEREOF. 2. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFJ T OF A TITLE COMMITMENT, THEREFORE ACKLAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON, BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS AND/DR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH! DONE'' 38-52-1 05 & 106). DISTANCES SHOWN HEREON ARE IN US SURVEY FED GRID. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.9997313 ., 5. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF THE NORTHEAST ONECUUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TI4 PRINCIPAL MERIDIAN, SAID LINE BEING MONUMENTED ON THE WEST BY THE NORTH ONE-'(UARTER CORNER OF SAID SECTION 1, BEING A 23 INCH ALUMINUM CAP MARKED PLS 2644 AND ON THE EAST BY EAST ONE -SIXTEENTH CORNER OF SAID SECTION 1 AND SECTION 36, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6" PRINCIPAL MERIDIAN, BEING A 3.251 NCH ALUMINUM CAP MARKED PLS 7242 AND BEARS NORTH 879 W00* EAST. REVISIONS PROD. NO. 188D02 2 PREPARED BY: MATT ROBERT EISENACH DATE PREPARED: W28118 FOR AND ON BEHALF OF AGKLAM, INC.. 195 TELLURIDE ST., SUh I. T, CO SC611 W3,65'9.5207 188QC2_L JD' J3_REV 4dca PRINTED: 0' 0 11:1?00 AM Mathew R. E ire;^ ach DATE BY I DESCRIPTION SHEET 2 OF 2 3999850 031041201410:58 AM Total Pages: 3 Rae Fee: $21.00 Steve Moreno - Clerk and Recorder. Weld County, CO FIGHT=OF= A'Y GRANT THIS RIGHT-OF-WAY GRANT (",Grant) is made this eC, day of T1 -, 2013, from Ludwig Family Farms LLC, a Colorado limited liability company, whose address its 18010 CR38, Platteville, CO 80651 t"Grantor," whether one or more) to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whoa address is 1099 18th Street Suite 1600. Denver, Colorado 80202 ("KMGGr'). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and auffidency of which are hereby acknowledged, Grantor hereby grants, conveys and want unto wi MGG', its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, marl, monitor, abandon or remove and release,. at KMGG's Section, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil, gas, petroleum products. water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County State of Colorado., being described as folrows: TOWNSHIP 3 NORTH, RANGE 66 WEST, 9Th Ply Section 1: Part cf the North Half (N112) The route and course of the right-of-way and easement conveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit W attached hereto and made a part hereof. The width of the Right -of -Way Lands is One Hundred and Twenty-five feet (125') during construction, and subsequent to construction the width of the Right -of -Way Lands is One Hundred feet (100'). if there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of the Right -of -Way Lands. From time to lime after the initial construction of the pipeline(s). KMGG may require the use cf the construction work space depicted on said Exhibit `AN to survey. Instruct, maintain. inspect, operate, repair, alter, replace. modify, change the size of, reconstruct, mark, .monitor, abandon or remove the pipeline(s) together with appurtenances,. KMGG may use the construction work space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use. Grantor represents and wannts to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way and that Grantor has full right, power and authority to enter into this Grant. Any pipelines andi''or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission,. KMOG shall repair and/or restore any fence(s) on or adjacent to the Right-of-W2y Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by K.IMIGG_ If necessary to prevent the escape of Grantors livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. To the extent reasonably practicable and 'within a reasonable period of time after completion of construction, KMGG shall level and restore any lands affected by KMGG's operations that have excessive settling and shall sufficiently compact the soil to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s). Grantor agrees that Grantor will not build, create, or construes or permit to to built, created or ccnstructedq any obstruction, building, fence, reservoir, engineering works or other stores or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG. KMGG shall have all rights, privileges end benefits necessary or convenient for the full use and enjoyment of this Grant, Including but not limited to the rights of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and al purposes necessary or incidental to exercising KMGG%s rights hereunder. Grantor agrees that atKMGG's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way easement, If KMGG exerdses such option, Initials KMGG shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KNIGG. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KM G's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for■ reimburse, indemnify and hold ICMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Right -of -Way Lands, subject to the rights herein granted. This Grantcannot be moditiedt except by an instrument in writing signed by Grantor and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be banding upon the successors and assigns of Grantor and of KNIGG, KMGG shall record an original of this Right-of-way Grant or a Memorandum of Right -of - Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -ay Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts, each of which shall be considered one and the same agreement IN WITNESS WHEREOF, Grantor has executed and delivered this Right -of -Way Grant as of the date first above written Grantor: LUDWIG FAMILY FARMS, LLC By: David Ludwig, Manager STATE OF COLORADO ) COUNTY OF WELD ) The foregoing instrument was acknowledged before me this C day of Trcii,,._ais 2013, bye_ David Ludwig, Manager for Ludwig Family Farms LLC. Witness my hand and official Seal. epocittg,,•44 -see' u 1OTA R P ri ��`�j�11 ■ \P u R_f ijC. i s. islIF iv° T l • r C TL s SS, My Commission Expires: Notary Public: Om: FSNal - I tit a, rit I I ii a N • a • t nag LULU s in -rn 2 XaZ E B If J U .. a a rya.. a=:a. -a Ct 1� fn .` - erary..-• r o a I c Ca 0 age rZ tWg Lu pc :.LA_ g x LeiLai c -c rirj u i E T ti- F — '8 r r t 14 f !”11 1 h'i !poi P1L li41] t rig. , 111 h i nip tiLs d j1 [WA' vuus 1;O. E b 2 I r I I ft I 6 i I e JO s abed smolaq paguzsap aohad!d Meu 9LI1 J0I pue us „.spv11,,, se 'Auedwoa Autie!! Pal!w l apeJOla3 84511 SNIN]HIYO 33001A1 -H895,1 pue p..knue.1,fa se `oil SVI≥IVJ A ILh1Vd ou$A,curn u9e iaq pue Kg 'r Lo r jn Aep eLlit peep ,qua AEM1041-16qd LiLe ao eqI icpea apew pue pay0e:Pe Min pgitgx3 si�y1 Lilt' DI1!q1Wx3 DRM - Physical Content Submittal Sheet. Page 2 of 30 11 Land » Lease » Lease D0002377130 i Sender Name: Date Created: Barcode Expires: Department: Security: A►nalica Maldonado 03/25/2014 04/24/2014 Land Record Non -Privileged COLOR DOCUMENT Attribute Value Description ORIGINAL - RECORDED - ROW GRANT - LUDWIG FAMILY FARMS TO KERR MCGEE GATHERING LLC Date 06/05/2013 Document Lease Document Type Surface/Easement/ROW New Lease Packet NO New Well Handoff No Lease Number Suffix GO -500019402 File Key 2369936 Group Code LSE Lease End Date 12/31/2099 Lessor Name LUDWIG FAMILY FARMS LLC Prospect Name SURFACE (101GG)/A-42101057 WA I I ENBERG GATHERING MIDSTREAM State County COLORADO:WELD(123) Create another submittal sheet: New I Based on this or e Edit this submittal sheet Home ht.tp;//uiaweb/ IA/view_sheet,j sp?s _id=1000► 377140,D00023 77130,,D0002 ?7I 28,D0.00.... 3/25/2014 4410747 06/27/2018 02:43 PM Total Pages: 5 Rec Fee: $33.00 Carly Koppes - Clerk and Recorder, Weld County, CO RIGHT-OF-WAY G RNT GRANT ("Grant) is made this ;-- r day of '� - 2018, from THIS RIGHT-OEWAY 1 GUY W. DE '. NE AND JAM! DUANE, whose address is 14518 County ad 7, Mead, Colorado 80542 ("Grantor," whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street. Suite 1800, Denver, Colorado 80202 (tl"Kl iGG"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,, Grantor hereby grants, conveys and warrants unto $1 M 4, its successors and assigns, an exclusive and perpetual right-of-way and easement to surrey, construct, maintain, inspect, operate, repair, replace, relocate, modry, change the size of, reconstruct, mark, monitor, abandon or remove and release, at KlIWMG's election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above around, necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic_ fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 4 NORTH, RANGE 66 WEST, 6T" PM; WELD COUNTY, COLORADO SECTION 36: Part of the West Half of the Southeast Quarter /2SE!4j The route and course of the right--of-way and easement conveyed hereby ("Right -of -Way Lands") are mare particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the exclusive Right -of -Way Lands is one hundred feet (100') during construction, and subsequent to construction the width of the exclusive Right -of -Way Lands is seventy five feet (75'). If there is a deviation in the Right -of -Way Lands as canstrected, then Grantor agrees that upon request from KMGG the parties will execute a Notice of Pipeline Location along with an as -built surrey plat to amerd the description of the Right -of -Way Lands. rantor and KMGG agree that the right-of-way and easement granted herein will be exclusive to KMGG. KMGG desires to maintain the safety and health of those members of the public in the vicinity of the rght,of-way and easement granted herein and to preserve the safety and integrity of the pipelines placed in the right-of-way and easement. Accordingly, Grantor will not grant or convey to any third party any other easement ar right-of-way within the boundary of the right-of-way and easement granted herein. Without the prior written consent of KMGG, Grantor will not grant any other easement or right-of-way crossing the easement and right-of-way granted herein (whether above; under or on the easement or right-of-way) for roads, streets, driveways, pipelines, sewer lines, water lines, natural gas lines or oil lines, electrical lines, telephone lines,cable lines, or other utilities of any kind, provided that KIVIGG's prior written consent will not be unreasonably withheld,, conditioned or delayed. KMGG may permit third parties the right to lay, maintain, inspect, alter, repair, operate. remove and re-lay a pipeline or pipelines or to instal], construct, lay or operate any other type of utility, line, cable, equipment or facility within the easement and right-of-way granted herein. From time to time after the initial construction ction of the pipeline($, KMGG may require the use of the construction work space depicted an said Exhibit "A" to survey, construct, maintain, inspect, operate, repair, alter, replace, relocate, modify, change the size of, reconstruct. nark, monitor, abandon or remove the pipeline(s) together with appurtenances. KMGG may use the constructien work space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use and provided further that it restores the same as provided below when not in use. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands subject to the burden of the Right -of -Way ay and that Grantor has full right, power and authority to enter into this Grant. Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KM's prior written permission. KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of - Way Lands that are removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMGG If necessary to prevent the escape of Grantor's livestock, KMGG shall constructtemporary gates or fence in those areas affected by KMGG's operations as provided for in this Grant. 4410747 06/27/2018 02:43 PM Page 2of5 To the extent reasonably practicable and within a reasonable period of time after completion of construction; KMGG shall level and restore any lands affected by KIVIGas operations that have excessive settling, and shall sufficiently compact the sail to the condition that existed at the time immediately prior to the placement of Kl l GG's pipeline(s). Grantor agrees that Grantor will not build, create, or construct., or permit to be built, created or constructed,, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG. MUG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to the rights of ingress and egress over and across Grantor's lams lying adjacent to the Right -of -Way Lands for any and all purposes necessary or incidental to exercising KMGG's 's rights hereunder. Granlor agrees that at KMGa's option.. KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed or or against the lands burdened by the Right -of -Way easement If KMGG exercises such option, shall be subrogated to the rights of the party to whompayment is made, and in addition to its other rights, may reimburse itself out of any rentals., royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from KMGG. KWGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of - 'ay Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify a•nd hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lards. Grantor siallI have the right to use and enjoy the Right -of -Way Lands, subject to the .rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor- and by an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and of KMGG. KIMGG shall record an original of this Right -of -Way Grant or a Memorandum of Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. Ey recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This (Grant may be executed in counterparts, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has executed agreed to and delivered accepted this Right - of -Way Grant as of the date first above written. Grantor(s): N'kk I 1 GuyW. DeJane I ( J I Dedan 4410747 06/27/2018 02:43 PM Page 3of5 STATE OF LAlttlizto, ) COUNT OF ()La ) SS. The foregoing instrument was acknowledged before rue this A day of DMC?'2018, by Guy W. DeJare and Jami DeJane1 Witness my hand and official Seal. J/, My Commission Expires: iZo?-U taseshnbilmhailiStal ASH LY C LAN DO' NOTARY PUBLIC STATE OF COLORADO NOTARY lost 20084008812 V GOMa.II1 SSH On L, U PI!RE s M 4RC1 11 , 20 (1 (SEAL) i Notary Public: Address: Kerr-McGee Gathering tic 1099 1 set street suite u m Denver. CO 80602 4410747 06/27/2018 02:43 PM Page 4of5 Cr-Hi/2 E' CORNER ' 36 Z9"` ALUM. CAP PLS 9644 (SLY EY TIE 1'0 111" r9?' ' 175s E 1986'.15) 50' PIPELINE 1 R— 1CGEE GA Th'ERWG RED NO. 4190343 CEN7E!W NE UNE TABLE RIGHT OF WAY SEGVDCS se de 19" NE1A1 SECT/ON 36 T4N ROPY ern PM PLO -T, tM 11.34211616.80 L��.^ . J276872.4O y ! {Ip'�? CONE.: 056! MT: 40.25872r ism -ro44izzeoit N 8738'15' E 266544 34.11 LS nreesniva P 'IE PIPRINg AND RECEWE i' SITE €M'E DCP MIDSTREAM Rim NO. 4217725 Li r� iNt r" ' - _ 2�5225�5 Q 50705', &" S 2715C W 9a�Vs7, a. N 0 r52130 W F 245.95' e�- ' WORKSPACE TOTAL ciztain-EqUIVE "4 D & '"3'"wicrrta 560.14 PT Romer( ISE 400' 800' SWIM SEC 770/11 36 T4IV R8614/6 PM usi tge - I I fac S amilost Fe) ROM i( P^0 T. "A" N= 1J4t 41.39 f� 37175 T&8 .F' FS COOP 0:101 LAM 40168778 wrtc -104,, 720496 42 CENTEALINE OF RIGHT OF WAY SoEvr 'r ' PIPELINE R. C, ;',AKA ENERGY GROUP LLC REC. NO. 413052'E ►'; JAM! & cur . DEJANE W1/2 SEIM SECTION 38 74N R66W6TH PM 1 --man OF RiGhT OP WAY ssomsr "A" . lA� t S ROAD I'� c3' CO21°52' 1,1 ak , CFW.'©E j I =rfaa %/4 CORNER S , 36/SEc i 2. t ALUM, CAP _ PLS 49544I 2603 80"R.O. JeRAYEL ORMWAY r 21 TOPORAPY FENCE .) ! ox " %MOUE -27-at' fin POLL ielepo Weak PIPELINE 1 x OWING si,tDs f/ . ,r —S a gdooa W 134Z.9Op.Q. r IM; ;.339760 E: 12,7512117 --EI0T MEL KERR—MCGEE." GA. Sri ERWG W. NO. 3999850 PIPS CO MI MP 40.26 f 5tiONC: 0412050 i r nersmr Na MPEUttE DaiNG K1M PIPESES EXTYY#2 XP WOES PIPELINE - MANS MP.) ^CE1/t6 CORNDI SEC ,13'S 2,5E r4€ Vilf. CAP P13 724 2CC8 (SURVEY vi TO "AN 8T3tn5A' itY ,Y7.5.3' +�,� 315 ssu vrr II T' R,1��',�',. lei S I6•581.41a m 25a70) Nk- P.O.B. "B 13414457.47 32fi 4 723.93 .l'5 czzf?€' C509 402 6.3,04. =VI -104.720547 I.) LOCO DOF umge AM) KRUM P1Pt 'E! 4'$Ei?F (lava) FROM '14`5,'3,1 Wreta CaTENCE MI= urn= .h .vow MAY PLOT a =Ma 2r? COMPLETE OPER ifiksriCS'MAY !D' 85 MELD Loc rE4 at areatr, Atm JO EXCIfealM, T>Data( WAS MOWED '."".i i)JE RENE47r C Ps A RAE COMAtrniacc, MEREFIVE AMA la 444$ r r RESZARCRO CR F2PW( /t7' alla £4SFWN S, FOGS OF S5d I pew Qs Acrinpairas CF , MVO atsPr A! Vats' 'ts' 'Oak 3aDOS MST IV MUT A LIND StAiiie ,FPJT 04R' NPRODOITS V RAE IT 6 MT TO Q tc` UMW FOR TIff Chi 1'11' Cf Ale Lim SCUIDAR';; WNW; FLai -t,i) OP Oi]tR Funisw P'0i& P 7 LP# 1 4.) MIMS riOMI MAN ARC &5W I?'t & SE TJLV5 144. 'VRS Nor PCSMONEW SISTELC AND/OR ME OWEioeSirric 5£ SOME. CMS BY NE &CS .Alit Patent It ItQL2RALIO CZORDIMATE =Eli OF OM Armor Mit (CRS j$r2-295 k r . D rA SOW ;MCP AM IN id SLIMY PEET aw.1 COMSIM wry? usecT$ 2grm ?iE ow =ems IS 0.097 ,3432, 5.) Npitn �' A ' ��4P+ TO COWINOC LAW r 1 ►+ - ? wr ANY LEE XCT O , ' woo DEFECT V # �. SLATY a!i �&',CMSsUw %1�SrpFI :]#EE;�MM S AFTER )'W Mr �rLri!iri� SUCH DETECT, ult KG i WY AP47 AF.�I� m AN :N JY'.i3 r�Li.7rt,l BE fJ'ttCGo &cw� I+.*'F�' et En-KSZCKFITW MEPAF a.' Ear :UT ROM nricIAG.11, lPLS ~7.39257. FOR WO WAIFC i £%C 131 S. 2 1h Av ""4 YR1. CO }:? Su WANED DESCR‘PrOK BY wolf i as asuiffea5 kukif "imp, A ckicr ins, Inc. 1,33 S.! 270 Averiut Brig on CC, S0S01 E1/2 1 SECTION 3 " 7 MOW 77-1P J Etsrr" trry),) ) KERR-McGEE GATHERING LLC . II&!T j'An RIGHT OF WAY LANDS SE -1/4 SECTION 36 r4N R66'/" 6TH PSI, WELD COUNTY, `, COLORADO te Lel N FM 'ta COWER SEC 36r5'EC t .3.25P ALUM. CAP RS 724Z 2C'd8 (Strii'Der 7PE TO Ras. "A" 8719.024 a .JZ.549 '?' 'R.6' r-- 9 mon eactrar ro tArriAtA 51519: 11767 -r;ciarn J v2 iEmr.2da'k i'i.'182302- Ktortiort kti L6 -41 -am t6 In HP'ct: rinctli420. 2_ SJ...t REw Ekdwg, 6I2u1QQ' 8 835:17 AlA 4410747 06/27/2018 02:43 PM Page 5of5 DESCRIPTION - RIOT OF WAY LANDS A PART OF THE WEST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTIO N 36,TOWNSHIP 4 NORTH, RANGE 66 WEST OF ► .HE 6TH[ PRINCIPAL IvIERID!AN, COUNTY OF vvE.LD, STATE OF COLORADO DESCRIBED AS FOLLOWS. PERMANENT PIPELINE RIGHT OF WAY SEGMENT 'HA" A T5.CD Foci WIDE STRIP, BEING 37.50 FEET, AS MEASURED PERPENDICULAR, LEFT AND RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE EAST ONE --SIXTEENTH CORNER OF SAID SECTION 36 AND SECTION 1, TOWNSHIP NORTH, RANGE 66 WEST OF THE B' PRINCIPAL MERIDIAN BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 7242, THENCE SOUTH 87119'00" WEST; ALONG THE SOUTH LINE OF SAM SECTION 36, A DISTANCE OF 37.54 FEET TO THE POINT OF BEGINNING, THENCE MORN C M5'S2" EAST, 3730 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST ONE- HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 36, A DISTANCE OF 2552.$5 FEE e MORE DR LESS, TO THE NORTH LINE OF THE WEST ONE-HALF CF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 36 AND THE POINT OF TERMINUS, FROM WHICH THE CENTER - ST ONE -SIXTEENTH CORNIER OF SAID SECTION 36 BEARS NORTH 3Van5" EAST A DISTANCE OF 37,53 EEETt THE SIDELINES OF THE HEREIN (DESCRIBED RIGHT OF WAY ARE SHOE , ENED OR LENGTHENED TO TERMINATE ON TIME SOUTH AND NORTH LINES OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-OUART.R OF SAID SECTION 36. THE TOTAL LENGTH OF THE ABOVE DESCRIBED CENTERLINE IS 265225 FEET, CONTAINING 4 568 ACRES O981983 3 SQUARE FEET) OF LAND, MORE OR LESSL TOGETHER WITH A 25.00 FOOT WIDE . EMFORARY WORKSPACE BEING PARALLEL, CONTIGUOUS, ADJACENT AND LYING WEST OF THE WEST LINE Cr THE ABOVE DESCRIBED RIGHT OF WAY, AS DEPICTED ON SHEET 1 OF2. PERMANENT PIPELINE RIGHT OF WAY SEGMENT air A 75.00 FOOT WIDE STRIP. BEING 37.50 FEET„ AS MEASURED PERPENDICULAR, LEFT AND RIGHT OF THE 'FOLLOWING DESCRIBED GEWTERL:NE; BEGINNING ATA POINT ON THE WESTERLY LINE OF THE ABOVE DESCRIBED RIGHT OF WAY "As FROM WHICH THE CENTER -EAST ONE -SIXTEENTH CORNER OF SAID SECTION 36, BEING A 2.5 INCH ALUMINUM CAP MARKED PLS 7242, SEARS NORTH 16¢55"4'(1" EAST A OCSTANOE OF 258.7E FEET; THENCE SOUTH B7t2.7'55H WEST A DISTANCE OF 599.05 FEET; THENCE NORTH 01.°52'30z WEST A DISTANCE OF 245.96 FEET, MORE OR LESS, TO THE NORTH LINE OF THE MT ' ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 36 AND THE POINT OF TERMINUS, FROM WHICH THE.CENTER-WEST ONE-SIXTEENTEPI CORNER OF SAID SECTION 36 BEARS SOUTH 87438$154 WEST A DISTANCE OF 1986.15 FED[". THE SIDELINES or THE HEREIN DESCRIBED' RIGHT OF WAY ARE. SHORTENED OR LENGMIENED TO BEGIN ON SAID WESTERLY LINE OF RIGHT OF WAY +A" AND RR,MINATE ON SAID NORTH LINE OF THE WEST ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 38, THE TOTAL LENGTH OF THE ABOVE DESCRIBED CENTERLINE IS 845..00 FEES, CONTAINING 1.456 ACRES (53,375 SQUARE FEET) OF LAND, MORE OR LESS_ TOGETHER WITH A 25.OO FOOT WIDE TEMPORARY WORKSPACE BEING PARALLEL, CONTIGUOUS, ADJACENT AND LYING WEST OFTHE WEST LINE AND SOUTH OF THE SOUTH LINE OF THE ABOVE DESCRIBED RIGHT OF 'WAY, AS DEPICTED ON SH E ET I OF 2. NOTES! 1. SEE THE ATTACHED EX4CBET- BY WH CH THIS REFERENCE IS MADE PART HEREOF.. 2,,. THIS DESCRIPT3ON WAS PREPARED !!ITTHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFO-�x��• 1/l, INC. HAS NOT RESEARCHED DR SHOWN ANY OTHER EASEMENTS. RIGHTS OF WAY, VARIANCES AND ORAGREEVENTS OF RECORD EXCEPT AS SHOWN HEREON. ?. BEARINGS S,rtO N HEREON ARE BASED ON CPS CBSER lATION$ AHa/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N,G,S. AND PROJECTED TO"COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (C.R,S. 2- :Q5 & 105).. . DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GRIOr THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES 15 0.99973032. 5. THE BASIS OF BEARINGS FOR TI :I S SURVEY IS THE EAST U E OF THE WEST ONE-HALF OF THE SOUTHEAST ONE- QUART=R OF SETTJON 36, TOWNSHIP . NORTH, RANGE Se WEST OF THE 67' PRINCIPAL MERIDIAN, SAID LINE BEING MONUMENTED ON T-IE NORTH BY THE CENTER -EAST ONE -SIXTEENTH CORNER OF SAID SECTION 36 BEING A 2_5 NCH ALUMINUM CAP MARKED FLS 7242 AND ON THE SOUTH BY EAST ONE-STXTEENITH CORNER OF SAID SECTION as AND SECTION 1, TCY,A,WNSH1P 2 NORTH, RANGE 66 WEST OF THE 6'" PRI NCIPAL MERIDIAN, BEING A 3.2& INCH ALUMINU �1 GAP MARKED KS 7242 AND BEARS SOUTH br`os'3r` WEST, PRoi. NO. 188002 PREPARES SYr MATT Roe ERT EIS CH DATE PREPARED: 6/26,12018 ros AND ON BEHALF OF ACKL,.AM, (N't,. 195 TELLURIDE ST., SLJkT.-2 7, CO80€O1 30$, 459.6267 le so IE_F " O.* GX PRItfrEu: saGrarlaitostoo. M Matt,v#.r R.. Elscnti REVISIONS NO. _ O33TE BY DESCRIiP IC I PAGE 2OF2 PIPELINE CROSSING LIST SECTION TOWNSHIP RANGE QUARTER -QUARTER STATION CROSSING TYPE BORE / CUT 2 3 66W SW1/4 NE1/4 0+94.1 PROPOSED PIPELINE CROSSING CUT 2 3 66W SW1/4 NE1/4 1+04.1 PROPOSED PIPELINE CROSSING CUT 2 3 66W SW1/4 NE1/4 1+14.1 PROPOSED PIPELINE CROSSING CUT 2 3 66W SW1/4 NE1/4 1+24.1 PROPOSED PIPELINE CROSSING CUT 2 3 66W SE1/4 NW1/4 3+86.3 PROPERTY LINE CUT 2 3 66W NE1/4 SW1/4 3+88.9 FENCE CROSSING CUT 2 3 66W NE1/4 SW1/4 4+11.9 PIPELINE CROSSING CUT 2 3 66W NW1/4 SW1/4 27+96.5 FENCE CROSSING CUT 2 3 66W NW1/4 SW1/4 41+04.4 PIPELINE CROSSING CUT 2 3 66W NW1/4 SW1/4 41+92.3 PROPERTY LINE CUT 2 3 66W SW1/4 SW1/4 51+53.0 PIPELINE CROSSING CUT 2 3 66W SW1/4 SW1/4 55+06.0 OVERHEAD POWERLINE BORE 2 3 66W SW1/4SW1/4 55+08.7 PIPELINE CROSSING BORE 2 3 66W SW1/4SW1/4 55+16.1 PIPELINE CROSSING BORE 2 3 66W SW1/4 SW1/4 55+24.7 BEGIN ROAD CROSSING BORE 2 3 66W SW1/4 SW1/4 55+32.3 WATER LINE CROSSING BORE 3 3 66W SE1/4SE1/4 55+34.5 SECTION LINE BORE 3 3 66W SE1/4 SE1/4 55+34.5 PROPERTY LINE BORE 3 3 66W SE1/4 SE1/4 55+45.7 END ROAD CROSSING BORE 3 3 66W SE1/4 SE1/4 55+50.1 PIPELINE CROSSING BORE 3 3 66W SE1/4 SE1/4 56+27.7 PIPELINE CROSSING BORE 3 3 66W SE1/4 SE1/4 60+94.1 PIPELINE CROSSING CUT 3 3 66W SE1/4 SE1/4 61+20.5 PIPELINE CROSSING CUT 3 3 66W SE1/4 SE1/4 61+42.9 PIPELINE CROSSING CUT 3 3 66W SE1/4 SE1/4 64+63.8 PIPELINE CROSSING CUT 3 3 66W SW1/4 5E1/4 69+40.5 FENCE CROSSING BORE 3 3 66W SW1/4 SE1/4 69+49.4 OVERHEAD POWERLINE BORE 3 3 66W SW1/4 SE1/4 69+61.1 BEGIN ROAD CROSSING BORE 3 3 66W SW1/4 SE1/4 69+74.4 PROPERTY LINE BORE 10 3 66W NW1/4 NE1/4 69+74.4 SECTION LINE BORE 10 3 66W NW1/4 NE1/4 69+83.7 END ROAD CROSSING BORE 10 3 66W NW1/4 NE1/4 69+90.3 WATER LINE CROSSING BORE 10 3 66W NW1/4 NE1/4 70+05.2 FENCE CROSSING BORE 10 3 66W SW1/4 NE1/4 84+03.0 PIPELINE CROSSING CUT 10 3 66W SW1/4 NE1/4 84+17.2 PIPELINE CROSSING CUT 10 3 66W SW1/4 NE1/4 86+04.2 PIPELINE CROSSING CUT 10 3 66W SW1/4 NE1/4 88+40.7 FENCE CROSSING CUT 10 3 66W SW1/4 NE1/4 88+44.4 BEGIN ROAD CROSSING CUT 10 3 66W SW1/4 NE1/4 88+49.4 PIPELINE CROSSING CUT 10 3 66W SW1/4 NE1/4 88+56.4 END ROAD CROSSING CUT 10 3 66W SW1/4 NE1/4 88+58.4 FENCE CROSSING CUT 10 3 66W SW1/4 NE1/4 88+99.0 PIPELINE CROSSING CUT 10 3 66W SW1/4 NE1/4 96+11.1 FENCE CROSSING CUT 10 3 66W SW1/4 NE1/4 96+12.8 PROPERTY LINE CUT 10 3 66W NW1/4 SE1/4 96+20.9 BEGIN ROAD CROSSING CUT 10 3 66W NW1/4 SE1/4 96+24.2 PIPELINE CROSSING CUT 10 3 66W NW1/4 SE1/4 96+33.0 END ROAD CROSSING CUT 10 3 66W NW1/4 SE1/4 96+46.1 PIPELINE CROSSING CUT 10 3 66W NW1/4 SE1/4 96+61.7 WATER LINE CROSSING CUT PIPELINE CROSSING LIST SECTION TOWNSHIP RANGE QUARTER -QUARTER STATION CROSSING TYPE BORE / CUT 10 3 66W NE1/4 SW1/4 109+96.8 PIPELINE CROSSING CUT 10 3 66W NE1/4 SW1/4 112+69.4 PIPELINE CROSSING CUT 10 3 66W NE1/4 SW1/4 112+71.4 PIPELINE CROSSING CUT 10 3 66W NE1/4 SW1/4 112+73.0 PIPELINE CROSSING CUT 10 3 66W NE1/4 SW1/4 112+91.1 PIPELINE CROSSING CUT 10 3 66W NE1/4 SW1/4 113+76.5 PIPELINE CROSSING CUT 10 3 66W NE1/4 5W1/4 114+00.0 PIPELINE CROSSING CUT 10 3 66W NE1/4 SW1/4 114+11.1 PIPELINE CROSSING CUT 10 3 66W NW1/4 5W1/4 134+52.2 PIPELINE CROSSING CUT 10 3 66W NW1/4 SW1/4 136+71.8 BEGIN ROAD CROSSING CUT 10 3 66W NW1/4 SW1/4 137+07.5 END ROAD CROSSING CUT 10 3 66W NW1/4 SW1/4 138+18.4 PROPOSED PIPELINE CROSSING CUT 10 3 66W NW1/4 SW1/4 138+28.4 PROPOSED PIPELINE CROSSING CUT 10 3 66W NW1/4 SW1/4 139+90.5 FENCE CROSSING BORE 10 3 66W NW1/4 SW1/4 139+92.5 PIPELINE CROSSING BORE 10 3 66W NW1/4 SW1/4 140+02.1 PIPELINE CROSSING BORE 10 3 66W NW1/4 SW1/4 140+12.4 PIPELINE CROSSING BORE 10 3 66W NW1/4 SW1/4 140+28.8 PIPELINE CROSSING BORE 10 3 66W NW1/4 5W1/4 140+43.8 PIPELINE CROSSING BORE 10 3 66W NW1/4 SW1/4 140+57.2 OVERHEAD POWERLINE BORE 10 3 66W NW1/4 SW1/4 140+70.3 BEGIN ROAD CROSSING BORE 9 3 66W NE1/4SE1/4 140+84.5 SECTION LINE BORE 9 3 66W NE1/4 SE1/4 140+84.5 PROPERTY LINE BORE 9 3 66W NE1/4 SE1/4 140+93.6 END ROAD CROSSING BORE 9 3 66W NE1/4 5E1/4 141+31.0 OVERHEAD POWERLINE BORE 9 3 66W NE1/4 5E1/4 141+93.8 OVERHEAD POWERLINE BORE 9 3 66W NE1/4 5E1/4 142+50.3 OVERHEAD POWERLINE BORE 9 3 66W NE1/4 SE1/4 143+09.7 PROPERTY LINE BORE 9 3 66W NE1/4 SE1/4 145+89.5 BEGIN ROAD CROSSING BORE 9 3 66W NE1/4 SE1/4 146+08.1 END ROAD CROSSING BORE 9 3 66W NE1/4 5E1/4 146+76.3 BEGIN DITCH CROSSING BORE 9 3 66W NE1/4 5E1/4 147+33.8 END DITCH CROSSING BORE 9 3 66W NE1/4 5E1/4 147+43.4 BEGIN ROAD CROSSING BORE 9 3 66W NE1/4 SE1/4 147+59.5 END ROAD CROSSING BORE 9 3 66W NE1/4 SE1/4 153+89.4 PIPELINE CROSSING CUT 9 3 66W NW1/4 SE1/4 158+57.0 BEGIN DITCH CROSSING CUT 9 3 66W NW1/4 SE1/4 158+70.6 END DITCH CROSSING CUT 9 3 66W NW1/4 5E1/4 167+30.0 PROPERTY LINE CUT 9 3 66W NE1/4 5W1/4 169+13.1 PROPERTY LINE BORE 9 3 66W NE1/4 SW1/4 170+40.9 BEGIN ROAD CROSSING BORE 9 3 66W NE1/4 SW1/4 171+22.5 END ROAD CROSSING BORE 9 3 66W NE1/4 SW1/4 171+43.7 BEGIN DITCH CROSSING BORE 9 3 66W NE1/4 5W1/4 172+58.1 PROPERTY LINE BORE 9 3 66W NE1/4 SW 1/4 172+94.1 END DITCH CROSSING BORE 9 3 66W NW1/4 5W1/4 186+30.7 PIPELINE CROSSING CUT 9 3 66W NW1/4 SW1/4 186+66.4 FENCE CROSSING CUT 9 3 66W NW1/4 SW1/4 186+78.7 PROPERTY LINE CUT 9 3 66W NW1/4 SW1/4 186+79.2 FENCE CROSSING CUT 9 3 66W NW1/4 SW1/4 193+19.6 PIPELINE CROSSING BORE PIPELINE CROSSING LIST SECTION TOWNSHIP RANGE QUARTER -QUARTER STATION CROSSING TYPE BORE / CUT 9 3 66W NW1/4 SW1/4 193+48.2 FENCE CROSSING BORE 9 3 66W NW1/4 SW1/4 193+60.5 BEGIN ROAD CROSSING BORE 8 3 66W NE1/4 SE1/4 193+78.8 SECTION LINE BORE 8 3 66W NE1/4 SE1/4 193+78.8 PROPERTY LINE BORE 8 3 66W NE1/4 SE1/4 193+86.5 END ROAD CROSSING BORE 8 3 66W NE1/4 SE1/4 193+89.5 PIPELINE CROSSING BORE 8 3 66W NE1/4 SE1/4 193+94.9 PIPELINE CROSSING BORE 8 3 66W NE1/4SE1/4 193+96.2 BEGIN DITCH CROSSING BORE 8 3 66W NE1/4 SE1/4 193+97.5 PIPELINE CROSSING BORE 8 3 66W NE1/4 SE1/4 194+23.2 END DITCH CROSSING BORE 8 3 66W NE1/4 SE1/4 194+31.7 PIPELINE CROSSING BORE 8 3 66W NE1/4 SE1/4 194+32.7 BEGIN ROAD CROSSING BORE 8 3 66W NE1/4 SE1/4 194+57.5 PIPELINE CROSSING BORE 8 3 66W NE1/4 SE1/4 196+08.6 BEGIN VALVE SITE CROSSING CUT 8 3 66W NE1/4 SE1/4 197+39.1 END VALVE SITE CROSSING CUT 8 3 66W NE1/4 SE1/4 198+45.3 END ROAD CROSSING CUT 8 3 66W NW1/4 SE1/4 219+75.3 PIPELINE CROSSING BORE 8 3 66W NW1/4 SE1/4 219+88.4 PIPELINE CROSSING BORE 8 3 66W NW1/4 SE1/4 219+99.4 SANITARY SEWER CROSSING BORE 8 3 66W NW1/4 SE1/4 220+04.5 PROPERTY LINE BORE 8 3 66W NE1/4 SW1/4 220+05.5 BEGIN ROAD CROSSING BORE 8 3 66W NE1/4 SW1/4 220+18.4 FENCE CROSSING BORE 8 3 66W NE1/4 SW1/4 220+26.4 END ROAD CROSSING BORE 8 3 66W NE1/4 SW1/4 220+33.4 WATER LINE CROSSING BORE 8 3 66W NE1/4 SW1/4 220+35.1 FENCE CROSSING BORE 8 3 66W NE1/4 SW1/4 220+73.3 SANITARY SEWER CROSSING BORE 8 3 66W NE1/4 SW1/4 220+95.5 FENCE CROSSING BORE 8 3 66W NW1/4 SW1/4 233+38.6 WATER LINE CROSSING BORE 8 3 66W NW1/4 SW1/4 239+42.8 WATER LINE CROSSING CUT 8 3 66W NW1/4 SW1/4 242+49.7 WATER LINE CROSSING CUT 8 3 66W NW1/4 SW1/4 246+11.3 BEGIN ROAD CROSSING BORE 8 3 66W NW1/4 SW1/4 246+29.9 PROPERTY LINE BORE 7 3 66W NE1/4 SE1/4 246+29.9 SECTION LINE BORE 7 3 66W NE1/4 SE1/4 246+38.8 BEGIN DITCH CROSSING BORE 7 3 66W NE1/4 SE1/4 247+34.3 END DITCH CROSSING BORE 7 3 66W NE1/4 SE1/4 247+38.5 END ROAD CROSSING BORE 7 3 66W NE1/4 SE1/4 247+68.6 BEGIN DITCH CROSSING BORE 7 3 66W NE1/4 SE1/4 247+79.1 END DITCH CROSSING BORE 7 3 66W NE1/4 SE1/4 248+64.2 BEGIN SPOIL PILE CROSSING CUT 7 3 66W NE1/4 SE1/4 250+37.4 END SPOIL PILE CROSSING CUT 7 3 66W NE1/4 SE1/4 252+94.5 PIPELINE CROSSING CUT 7 3 66W NE1/4 SE1/4 257+28.8 BEGIN ROAD CROSSING CUT 7 3 66W NE1/4 SE1/4 257+42.6 END ROAD CROSSING CUT 7 3 66W NE1/4 SE1/4 257+53.0 BEGIN DITCH CROSSING CUT 7 3 66W NE1/4 SE1/4 257+57.2 END DITCH CROSSING CUT 7 3 66W NW1/4 SE1/4 262+36.4 BURIED POWERLINE CROSSING CUT 7 3 66W NW1/4 SE1/4 262+39.7 BURIED POWERLINE CROSSING CUT 7 3 66W NW1/4 SE1/4 263+64.3 WATER LINE CROSSING CUT 7 3 66W NW1/4 SE1/4 266+42.9 BURIED POWERLINE CROSSING CUT PIPELINE CROSSING LIST SECTION TOWNSHIP RANGE QUARTER -QUARTER STATION CROSSING TYPE BORE / CUT 7 3 66W NW1/4 SE1/4 266+56.3 WATER LINE CROSSING CUT 7 3 66W NW1/4 SE1/4 266+63.0 WATER LINE CROSSING CUT 7 3 66W NW1/4 SE1/4 267+46.3 BURIED POWERLINE CROSSING CUT 7 3 66W NW1/4 SE1/4 269+14.7 BURIED POWERLINE CROSSING CUT 7 3 66W NW1/4 SE1/4 270+37.7 FI BEROPTIC LINE CROSSING CUT 7 3 66W NW1/4 SE1/4 271+31.4 FI BEROPTIC LINE CROSSING BORE 7 3 66W NW1/4 5E1/4 271+50.6 FI BEROPTIC LINE CROSSING BORE 7 3 66W NW1/4 5E1/4 271+66.7 PIPELINE CROSSING BORE 7 3 66W NW1/4 SE1/4 272+16.1 RAILROAD CROSSING BORE 7 3 66W NE1/4 SW1/4 272+73.6 PROPERTY LINE BORE 7 3 66W NE1/4SW1/4 273+17.9 FIBEROPTIC LINE CROSSING BORE 7 3 66W NE1/4 SW1/4 273+70.4 BEGIN HIGHWAY 85 CROSSING BORE 7 3 66W NE1/4 SW1/4 274+67.1 END HIGHWAY 85 CROSSING BORE 7 3 66W NE1/4SW1/4 274+84.1 FIBEROPTIC LINE CROSSING BORE 7 3 66W NE1/4 5W1/4 275+12.1 PROPERTY LINE BORE 7 3 66W NE1/4 SW1/4 275+20.1 BEGIN ROAD CROSSING BORE 7 3 66W NE1/4 SW1/4 275+47.51 END ROAD CROSSING BORE 7 3 66W NE1/4 SW1/4 277+33.4 BEGIN VALVE SITE CROSSING CUT 7 3 66W NE1/4 SW1/4 277+93.6 END VALVE SITE CROSSING CUT 7 3 66W NE1/4 5W1/4 278+59.4 PIPELINE CROSSING CUT 7 3 66W NE1/4 5W1/4 285+97.9 PROPERTY LINE CUT 7 3 66W NW1/4 SW1/4 299+68.6 BEGIN ROAD CROSSING BORE 12 3 67W NE1/4 SE1/4 299+77.9 SECTION LINE BORE 12 3 67W NE1/4 SE1/4 299+77.9 PROPERTY LINE BORE 12 3 67W NE1/4 5E1/4 299+93.3 END ROAD CROSSING BORE 12 3 67W NE1/4 5E1/4 300+06.3 OVERHEAD POWERLINE BORE 12 3 67W NE1/4 5E1/4 300+06.4 PIPELINE CROSSING BORE 12 3 67W NE1/4 SE1/4 300+08.3 FENCE CROSSING BORE 12 3 67W NE1/4 SE1/4 311+70.9 BEGIN ROAD CROSSING BORE 12 3 67W NE1/4 SE1/4 311+79.9 PIPELINE CROSSING BORE 12 3 67W NE1/4 SE1/4 311+83.2 END ROAD CROSSING BORE 12 3 67W NE1/4 SE1/4 311+90.5 FENCE CROSSING BORE 12 3 67W NE1/45E1/4 311+92.9 BEGIN DITCH CROSSING BORE 12 3 67W NE1/4 SE1/4 312+28.7 END DITCH CROSSING BORE 12 3 67W NE1/4 SE1/4 312+28.7 BEGIN ROAD CROSSING BORE 12 3 67W NE1/4 SE1/4 312+40.0 END ROAD CROSSING BORE 12 3 67W NE1/4 5E1/4 312+91.9 PIPELINE CROSSING BORE 12 3 67W NE1/4 SE1/4 313+01.7 FENCE CROSSING BORE 12 3 67W NW1/4 SE1/4 313+85.0 EDGE OF WETLANDS BORE 12 3 67W NW1/4 SE1/4 320+54.9 EDGE OF WETLANDS BORE 12 3 67W NW1/4 SE1/4 325+28.7 EDGE OF WETLANDS BORE 12 3 67W NE1/4 SW1/4 326+55.0 PROPERTY LINE BORE 12 3 67W NE1/4 SW1/4 326+72.4 FENCE CROSSING BORE 12 3 67W NE1/4 5W1/4 326+72.4 EDGE OF WETLANDS BORE 12 3 67W NE1/4 SW1/4 328+70.5 BEGIN ROAD CROSSING CUT 12 3 67W NE1/4 SW1/4 329+01.6 END ROAD CROSSING CUT 12 3 67W NE1/4 SW1/4 332+38.0 BEGIN SPOIL PILE CROSSING CUT 12 3 67W NE1/4SW1/4 332+95.8 END SPOIL PILE CROSSING CUT 12 3 67W N E1/4 5W1/4 333+27.0 PIPELINE CROSSING CUT PIPELINE CROSSING LIST SECTION TOWNSHIP RANGE QUARTER -QUARTER STATION CROSSING TYPE BORE / CUT 12 3 67W NE1/4 SW1/4 333+27.5 PIPELINE CROSSING CUT 12 3 67W NE1/4 SW1/4 333+32.9 BEGIN ROAD CROSSING CUT 12 3 67W NE1/4 SW1/4 333+50.7 END ROAD CROSSING CUT 12 3 67W N E1/4 SW1/4 334+97.2 PIPELINE CROSSING CUT 12 3 67W NE1/4 SW1/4 337+67.5 EDGE OF WETLANDS BORE 12 3 67W NE1/4 SW1/4 339+70.1 PROPERTY LINE BORE 12 3 67W NW1/4 SW1/4 340+95.2 EDGE OF WETLANDS BORE 12 3 67W NW1/4 SW1/4 343+99.9 FENCE CROSSING CUT 12 3 67W NW1/4 SW1/4 352+98.5 BEGIN ROAD CROSSING BORE 12 3 67W NW1/4 SW1/4 353+08.9 PROPERTY LINE BORE 11 3 67W NE1/4 SE1/4 353+08.9 SECTION LINE BORE 11 3 67W NE1/4 SE1/4 353+26.4 END ROAD CROSSING BORE 11 3 67W NE1/4 SE1/4 353+34.8 FENCE CROSSING BORE 11 3 67W NE1/4 SE1/4 364+10.1 OVERHEAD POWERLINE CUT 11 3 67W NE1/4 SE1/4 364+19.1 BEGIN ROAD CROSSING CUT 11 3 67W NE1/4 SE1/4 364+31.1 END ROAD CROSSING CUT 11 3 67W NW1/4 SE1/4 371+57.4 FENCE CROSSING CUT 11 3 67W NW1/4 SE1/4 371+78.3 PIPELINE CROSSING CUT 11 3 67W NW1/4 SE1/4 373+95.9 BEGIN ROAD CROSSING BORE 11 3 67W NW1/4 SE1/4 374+12.8 END ROAD CROSSING BORE 11 3 67W NW1/4 SE1/4 374+51.8 FENCE CROSSING BORE 11 3 67W NW1/4 SE1/4 374+68.9 BEGIN ROAD CROSSING BORE 11 3 67W NW1/4 SE1/4 374+81.6 END ROAD CROSSING BORE 11 3 67W NW1/4 SE1/4 374+88.2 BEGIN DITCH CROSSING BORE 11 3 67W NW1/4 SE1/4 375+32.1 END DITCH CROSSING BORE 11 3 67W NW1/4 SE1/4 375+82.0 FENCE CROSSING BORE 11 3 67W NW1/4 SE1/4 376+65.5 FENCE CROSSING BORE 11 3 67W NE1/4 SW1/4 380+09.0 OVERHEAD POWERLINE CUT 11 3 67W NE1/4 SW1/4 381+29.0 PIPELINE CROSSING CUT 11 3 67W NE1/4 SW1/4 383+11.5 BEGIN ROAD CROSSING CUT 11 3 67W NE1/4 SW1/4 383+23.4 END ROAD CROSSING CUT 11 3 67W NE1/4 SW1/4 384+65.4 BEGIN RIVER CROSSING BORE 11 3 67W NE1/4 SW1/4 385+55.4 PIPELINE CROSSING BORE 11 3 67W NE1/4 SW1/4 390+93.4 END RIVER CROSSING BORE 11 3 67W NW1/4 SW1/4 393+69.4 PIPELINE CROSSING BORE 11 3 67W NW1/4 SW1/4 393+85.7 FENCE CROSSING BORE 11 3 67W NW1/4 SW1/4 393+90.6 BEGIN ROAD CROSSING BORE 11 3 67W NW1/4 SW1/4 394+03.3 END ROAD CROSSING BORE 11 3 67W NW1/4 SW1/4 396+13.7 PIPELINE CROSSING CUT 11 3 67W NW1/4 SW1/4 404+54.8 BEGIN ROAD CROSSING BORE 11 3 67W NW1/4 SW1/4 404+66.4 END ROAD CROSSING BORE 11 3 67W NW1/4 SW1/4 404+76.0 BEGIN DITCH CROSSING BORE 11 3 67W NW1/4 SW1/4 404+79.5 OVERHEAD POWERLINE BORE 11 3 67W NW1/4 SW1/4 405+00.1 END DITCH CROSSING BORE 11 3 67W NW1/4 SW1/4 405+20.4 PROPERTY LINE BORE 10 3 67W NE1/4 SE1/4 405+20.4 SECTION LINE BORE 10 3 67W NE1/4 SE1/4 417+26.7 PIPELINE CROSSING CUT 10 3 67W NW1/4 SE1/4 427+04.8 OVERHEAD POWERLINE CUT 10 3 67W NW1/4 SE1/4 432+28.0 BEGIN DITCH CROSSING BORE PIPELINE CROSSING LIST SECTION TOWNSHIP RANGE QUARTER -QUARTER STATION CROSSING TYPE BORE / CUT 10 3 67W NW1/4 SE1/4 432+41.5 END DITCH CROSSING BORE 10 3 67W NW1/4SE1/4 432+46.0 BEGIN ROAD CROSSING BORE 10 3 67W NE1/4 SW1/4 432+70.0 END ROAD CROSSING BORE 10 3 67W NE1/4 SW1/4 432+73.8 BEGIN DITCH CROSSING BORE 10 3 67W NE1/4 SW1/4 432+89.1 END DITCH CROSSING BORE 10 3 67W NE1/4 SW1/4 432+89.1 FENCE CROSSING BORE 10 3 67W NE1/4 SW1/4 439+54.2 PIPELINE CROSSING CUT 10 3 67W NW1/4 SW1/4 459+39.0 BEGIN ROAD CROSSING CUT 10 3 67W NW1/4 SW1/4 459+51.1 END ROAD CROSSING CUT 10 3 67W NW1/4 SW1/4 466+59.6 PIPELINE CROSSING CUT 10 3 67W NW1/4 SW1/4 468+60.6 PIPELINE CROSSING CUT 10 3 67W SW1/4 SW1/4 476+60.7 PIPELINE CROSSING CUT 10 3 67W SW1/45W1/4 479+37.7 PIPELINE CROSSING CUT 10 3 67W SW1/4 5W1/4 480+90.4 PIPELINE CROSSING CUT 10 3 67W SW1/4 5W1/4 482+40.6 PIPELINE CROSSING CUT 10 3 67W SW1/4SW1/4 482+52.8 PIPELINE CROSSING CUT 10 3 67W SW1/4 SW1/4 483+13.8 FENCE CROSSING BORE 10 3 67W SW1/4 SW1/4 483+14.8 OVERHEAD POWERLINE BORE 10 3 67W SW1/4 5W1/4 483+27.9 BEGIN ROAD CROSSING BORE 10 3 67W SW1/4 SW1/4 483+42.2 PROPERTY LINE BORE 15 3 67W NW1/4 NW1/4 483+42.2 SECTION LINE BORE 15 3 67W NW1/4 NW1/4 483+48.7 END ROAD CROSSING BORE 15 3 67W NW1/4 NW1/4 483+72.0 OVERHEAD POWERLINE BORE 15 3 67W NW1/4 NW1/4 484+16.3 PIPELINE CROSSING BORE 15 3 67W NW1/4 NW1/4 484+26.9 PIPELINE CROSSING BORE 15 3 67W NW1/4 NW1/4 491+56.6 PIPELINE CROSSING CUT 15 3 67W NE1/4 NW1/4 493+73.2 BEGIN CONCRETE ROAD CROSSING CUT 15 3 67W NE1/4 NW1/4 494+04.7 END CONCRETE ROAD CROSSING CUT 15 3 67W NE1/4 NW1/4 504+27.8 BEGIN 6 PIPELINE CROSSINGS CUT 15 3 67W NE1/4 NW1/4 504+53.2 END 6 PIPELINE CROSSINGS CUT 15 3 67W SE1/4 NW1/4 517+66.4 BEGIN ROAD CROSSING CUT 15 3 67W SE1/4 NW1/4 517+67.9 PIPELINE CROSSING CUT 15 3 67W SE1/4 NW1/4 517+98.6 END ROAD CROSSING CUT 15 3 67W SE1/4 NW1/4 518+40.7 PIPELINE CROSSING CUT 15 3 67W SE1/4 NW1/4 518+51.6 PIPELINE CROSSING CUT 15 3 67W SE1/4 NW1/4 518+52.8 BEGIN ROAD CROSSING CUT 15 3 67W SE1/4 NW1/4 518+60.7 PIPELINE CROSSING CUT 15 3 67W SE1/4 NW1/4 518+77.0 END ROAD CROSSING CUT 15 3 67W SE1/4 NW1/4 520+37.2 FENCE CROSSING CUT 15 3 67W SE1/4 NW1/4 520+54.9 BURIED POWERLINE CROSSING CUT PARCELS CROSSED BY PIPELINE - Page 1 'ON ICJOI1d3D3d C z 4409475 4409475 3998632 3998631 �VLtzIOV 3964047 3964047 3964047 ce W 2 O ANADARKO E & P COMPANY LP PUBLIC SERVICE CO OF COLO PUBLIC SERVICE CO OF COLO ACLYNCKE LLC OPATRIL SHIRLEY E ODENBAUGH SHIRLEY E BELLA FARMS LLC BELLA FARMS LLC BELLA FARMS LLC LEGAL DESCRIPTION PT NW4 15-3-67 LOT C REC EXEMPT RE -3621 EXC UPRR RES (4.018) 21173 ALL SEC 10 3 67 (16RBSHT) 21181 ALL SEC 11 3 67 EXC E2NE4 EXC UPRR CO RES ON W2W2 & SE4SW4 (6R7D14SHT) 21185E25W412367EXC N300'(1R1D) 21184SE4 12367EXC N300'ALSOE CBEGATSECOR OF SEC THENCE N89D17'W 1334.10' TO SW COR OF E2SE4 THENCE N89D43`E 1333.33' THENCE SO1D4TE 23' TO BEG (2R4D) 16135 25 CR WELD 000000000 W2SW4 12-3-67 LOT B REC EXEMPT RE -1234 (1D1.61R) 16124 23 CR WELD 00000 16554 W2SW4 7 3 66 EXC N300' EXC UPRR CO RES (SL3R) PT S'+ 4 7-3-66 LOT B REC EXEMPT RE -647 (.18L) PT E2 7-3-66 EXC BEG 1077.95'W OF SE COR SEC W208.71' N208,71' E208.71' 5208.71' TO BEG ALSO EXC N300' SE4 ALSO EXC THAT PT OF NE4 LYING NW OF HWY 85 EXC UPRR RES PARCEL NO. C en 0 l.D 0 0 0 0 0 0 ri m 0 NI ri a 0 120912000014 up ri Q NCO c-i 0 0 0 0 0 121107000044 N`'� rzt 0 0 MAP SHEET NO. 2 1209152 en 4 1209110 Li-) 8 N ri a) 0 N ri L1 5 1209120 6 1211070 f.D 6 1211070 PARCELS CROSSED BY PIPELINE - Page 2 RECEPTION NO. 3964047 3998634 4014750 4097457 4014749 GO O0 Lii 4014748 4014748 < 09SVTO17 3999850 4410747 ct N Z Z ri 0 ri c }J 3 NO BELLA FARMS LLC DCP MIDSTREAM LP ACOSTA ALFONSO & ACOSTA LORENA BIRMINGHAM SCOTT D ANDERSON CHARLES T MORNING FRESH FARMS INC HERRMAN GENEVIEVE BARCLAY FARMS LLC BARCLAY FARMS LLC ANADARKO E&P ONSHORE LLC SACK DONALD LUDWIG FAMILY FARMS LLC DEJANE GUY W. & DEJANE JAMI KERR-MCGEE GATHERING LLC LEGAL DESCRIPTION SW4 8 3 66 EXC N300' SE4 8-3-66 EXC A TRACT OF LAND DESC AS N300' OF SE4 & EXC A TRACT OF LAND DESC BEG AT SE COR OF SEC S89D52'W 650.96' ALONG S LN OF SE4 NOD07'W 30' TO N ROW LN OF WCR 34 BEING TPOB S89D52'W 1320' TH NOD07'W 660' N89D52'E 1320' SOD07'E 660' TO POB (3.4 PT SW4 9-3-66 LOT A RECORDED EXEMPTION RE -3602 EXC UPRR RES (.55R) PT SW4 9-3-66 LOT B RECORDED EXEMPTION RE -3602 EXC UPRR RES SE4 9-3-66 EXC N300' & E225' ALSO EXC UPRR RES (1.67R4.69D) 16564 S2 10-3-66 (SR) W2NE4 10 3 66 (.91R) PT 525W4 2-3-66 LOT B REC EXEMPT RE -2429 S2 2-3-66 EXC LOTS A & B REC EXEMPT RE -2429 PT N2 2-3-66 LOT B REC EXEMPT RECX13-0096 PT S2 3-3-66 LOT ID REC EXEMPT RECX12-OOO3 N2 1-3-66 (R4) W2SE4 36-4-66 (1R) PT NE4 36-4-66 LOT A AMD REC EXEMPT AIM RE - 4410 PARCEL NO. co r•J CI 0 c CO CI IN 0 0 0 CD C1/4.1 0 0 CD Q 121102000016 rl 121103400007 105736000014 E0000 - r 0 CI 0 i CD a a a CI a CD 0 CI CI CI 0 0 CD N o 0 Cpl a -I r C -I rl rl -I rl r-1 r rl rl -I r rI N -H r-1 N ri CN rl f\l r (NJ r-1 Cpl r -I 0 CI r -I ° c TH c -H r-1 ri ri MAP SHEET NO. N 7 121108/ 8 1211093 8 1211093 al in C r -I C co Q ri {'V 12 105736: Cil CD rH rH N rH cc ri ri ri ri ri Hello