HomeMy WebLinkAbout20183608.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant NWC Development LLC Case Number USR18-0080
Submitted or Prepared
Prior to At
Hearing Hearing
1 SPO Freeman Letter of Disclosure dated February 9 , 2018
2 Crossing Agreement Roullard Lateral Company dated September 24 , 2018
3 Crossing Agreement Whitney Irrigation Company dated October 4 , 2018
4 Crossing Agreement New Cache la Poudre Irrigating ati n Company dated
g g p Y
October 4 , 2018
5 SPO Hester Farms , Inc. Letter of Support, received October 8 , 2018
6 Crossing Agreement Pierce Lateral Ditch Company dated October 12 ,
2018
f . - i.
7 Applicant's PPT Presentation
8 Crossing Agreement for Miles Lateral Irrigation Company dated October
182 2018
9 Planning Staff Memorandum , requested modifications to Recommendation
10
11
12
13
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I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior to lh . schedulId Planning Commissioners hearing .
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Kim Oc e Planner
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MICHAEL K. FREEMAN
es64z, 'Fri aiihers
13377 WCR 84
Ault, CO 80610
February 9, 2018
Wayne W . Williams
Colorado Secretary of State
1700 Broadway, Suite 200
Denver, CO 80290
Re : Disclosure Pursuant to C.R.S. § 24- 18 - 110 — NWC Development, LLC, Gas Pipeline
Extension Project in Weld County, Colorado
Dear Secretary of State Williams :
NWC Development, LLC ("NWC") is proposing to extend two 20-inch gas pipelines through
Weld County, Colorado ("the Project") . The Project may require the approval of a Use-by-
Special Review ("USR") Permit is sued by the Board of County►, Commissioners of Weld County
("the Board") , 1 am a member of the Board.
My wife, Janine L , Freeman, and I were contacted by NWC regarding the Project in January,
2018 . We were told that NWC desires to buy an option to purchase an easement for the
placement of the two pipelines over property owned by Janine and me which is located on the
north side of Weld County Road 84 The property is listed in the Office of the Weld County
Assessor as Account Number 80515801 . A map showing the approximate location of the
proposed easement which the option would secure is enclosed. NWC provided the written
option to Janine and me on February 2, 2018 , We intend to accept WC' s offer to buy the
option.
As of this date, it is my understanding that NWC has not filed an application at Planning for a
USR Permit, Additionally, the company has not yet contacted Planning to set a pre-application
meeting. I have had no communication with Planning staff or my fellow Weld County
Commissioners about the Project,
Because I have personal and private interests which may be affected by the Project, and in
accordance with the requirements of C. , S . § 24- 18 - 109(3 ) (a), I will not be participating in the
Board' s possible hearing for the Project ' s USR Permit and I will not be voting thereon.
Additionally, I will not be speaking with any of my fellow Weld County Commissioners or Weld
County Department of Planning Services ("Planning") staff about the Project, and therefore will
not be "attempting to influence the decisions of the other members of the [Board] in voting on
the matter," as prohibited by C, . . § 24 - 18 - 109(3)(a) .
EXHIBIT
• + O 5 c.c.s ` testis ) . % to
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Letter, Wayne W. 'illias
Februsq 9, 2018
Page
Please let me know if there is any other information I. should be sending to you regarding this
issue. I am providing a copy of this disclosure letter to the Board so that my fellow
Commissioners and Planning staff members are informed of my intentions.
Sincerely,
Trii121444,,san.
Mike Freeman
Weld County Commissioner
pa Board of County Commissioners of Weld County
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4433386 09/24/2018 04 : 04 PM
Total Pages: 10 Rec Fee : $58 . 00
Carly Koppel - Clerk and Recorder, Weld County , CO
CROSSING AGREEMENT
ENT
THIS CROSSING AGREEMENT ("Agreement") is made and entered into this ,o2 t -day
of September, 2018, by and between Roullard Lateral. Company C"Grantor' , and NWC
Development, LL ("Grantee"). The parties may be collectively referred to as the "Parties. "
RECITALS
A, Grantor is the owner of that certain irrigation and ditch system known as the Roullard
Lateral (the "Ditch"), located in Weld County, Colorado,
B. Grantor has a prescriptive easement for the Ditch by virtue of historic use but may not
have fee ownership of the underlying land .
C. Grantee desires an easement to cross the Ditch and to construct, install, lay, maintain,
repair, replace, operate, inspect, survey, and remove if necessary a twenty (20) inch
natural gas pipeline ("the Pipeline") by boring under the Ditch at the following
locations ;
One location in the Southwest Quarter of Section 31 , Township 7 North,
Range 66 West, in Weld County, CO in accordance with the plans and
specifications for a project (the "Project") as more particularly described and
as shown on Exhibit A, attached hereto and made a part hereof by this
reference;
• One location in the Southeast Quarter of Section 12, Township 6 North,
Range 67 West, in Weld County, CO in accordance with the plans and
specifications for a project (the "Project") as more particularly described and
as shown on Exhibit A, attached hereto and made a part hereof by this
reference; and
• Two locations in the Northwest Quarter of Section 6, Township 6 North,
Range 66 West, in Weld County, CO in accordance with the plans and
specifications for a project (the "Project") as more particularly described and
as shown on Exhibit A, attached hereto and made a part hereof by this
reference,
D . Grantee understands and assumes the inherent risk of damage that may be caused to
the Pipeline being placed under the Ditch due to seepage, soil conditions, settling,
corrosion, and/or Grantor' s operation and maintenance of the Ditch.
E . Grantee has provided construction drawings, specifications and/or other
documentation requested by Grantor for its staff, its engineers and/or its attorneys to
review. A copy of the construction plans for the Pipeline are attached hereto and
incorporated herein by reference as Exhibit B.
EXHIBIT
qtStt6 6080
4433386 09/24/2018 04 : 04 PM
Page 2 of 10
F. Having had the opportunity to review the above mentioned documentation, Grantor is
willing to grant the crossing and the easement (the "Easement") desired by Grantee,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, and for valuable consideration, the adequacy of which is hereby
acknowledged, the Parties mutually agree as follows :
1 . The above Recitals are accurate and are incorporated herein by reference.
2. It is understood that this instrument shall grant to Grantee only such rights as specifically
stated herein or as otherwise agreed upon in writing by the Parties.
In addition to this instrument, Grantee agrees to obtain from the landowners who have fee
simple title to the lands upon which Grantor's property is located an easement or other
written permission to cross such lands,
4 . Grantor does grant to Grantee, its successors and assigns, a perpetual, non-exclusive
easement to construct, ins ll, lay, maintain, repair, replace, operate, inspect, survey, and
remove the Pipeline, including all underground improvements and appurtenances thereto,
under the Ditch at the specific locations and in the manner designated and referred to on
Exhibit A.
5 . Grantor further grants the Grantee, its successors and assigns, the right of ingress and
egress as is reasonable and necessary. for the exercise of the Grantee ' s rights granted
herein.
6. Furthermore, Grantor does grant to Grantee, it successors and assigns, the right to mark
the location of the Easement and/ or the Pipeline with suitable markers set in or on the
ground , which Grantee agrees to do, provided that said markers shall be placed in
locations which will not interfere with any reasonable use of the Ditch by the Grantor.
7. The Easement shall be perpetual unless Grantee abandons the Pipeline for a period of ten
(10) years after which time the Easement shall be deemed abandoned and terminated,
8 . The scope of this Agreement and the extent of the Easement granted hereby are limited to
the extent reasonably necessary to complete the Project and to maintain, repair, replace,
operate, inspect, survey, and remove the Pipeline. If the Project is altered or if the
Pipeline must be moved, altered or enlarged at any time, notice of the same must be given
to Grantor, and this Agreement will be considered null and void, and a new agreement
will be required.
9. Grantee agrees that its Pipeline shall be installed by boring al least. ten 010) feet below the
bottom of the Ditch.
10. Grantee agrees not to commence to construct and install the Pipeline without first having
given Grantor at least five (5) days notice prior to the commencement of work to be
2
4433386 09/24/2018 04 : 04 PM
Page 3 of 10
undertaken, and having obtained the consent and approval from Grantor, which approval
will not be unreasonably withheld. Grantor reserves the right to have its employees
an€l/or its engineers on the premises as it feels necessary to inspect the work, A request
for permission to commence construction of the Pipeline will be directed to Grantor as
follows:
Ken Knievel, President
koullard Lateral Company
970-217- 1400
If, during the course of construction of the Pipeline, Grantee encounters =foreseen
problems or issues, or if the Grantee changes the plans from those set forth on Exhibit A,
the Grantee agrees to contact the Grantor to discuss any such issues or proposed revisions
to Exhibit A. The Grantee also agrees to notify Grantor when the Project has been
completed. Construction is expected to occur between November 1 , 2018 and March 31 ,
2019.
11 , Grantor also agrees not to commence any work related to maintenance, repair,
replacement, inspection, and/or removal of the Pipeline (except for emergencies) without
first having given Grantor at least ten ( 10) days notice prior to the commencement of
such work, and having obtained the consent and approval from Grantor, which approval
will not be unreasonably withheld. Approval shall be withheld if the necessary drawings,
specifications and/or any other documentation requested by Grantor is either not
submitted by Grantee or is deemed insufficient to evaluate the work to be undertaken,
Grantor reserves the right to have its engineers review any such drawings, specifications
or other documentation. In the event the Grantor's engineer and the Grantee' s engineer
disagree, the Parties will agree to attempt to work as cooperatively as possible toward a
resolution. If a resolution cannot be reached, the requirements of the Grantor' s engineer
shall prevail. Once Grantee receives approval to commence the work to be undertaken,
Grantor further reserves the right to have its employees and/or its engineers on the
premises as it feels necessary to inspect the work,
12 . Grantee agrees that in constructing, laying, installing, maintaining, repairing, replacing,
operating, inspecting, surveying, and/or removing the Pipeline, whether in an emergency
or not, it shall do so in such a manner as not to damage the Ditch, embankments, fences,
roads or other property associated with the Ditch, and so as not to compromise the Row
of water or the water quality in the Ditch. The determination of whether or not damage
or compromise has occurred shall be within the sole discretion of Granter. By exercising
its right to have its employees and/or its engineers on the premises for the purpose of
inspecting any work related to the constructing, laying, installing, maintaining, repairing,
replacing, inspecting, surveying, and/or removing the Pipeline, shalt in no way be
construed as to alleviate Grantee of its responsibility to perform any such work in
accordance with this section, nor shall it be construed to alleviate Grantee of the
liabilities associated with not complying with this or any other section of this Agreement.
3
44 386 09/ 24/2018 04 : 04 PM
Page 4 of 10
13 . Any and all excavations made by Grantee in its constructing, laying, installing,
maintaining, repairing, replacing, operating, inspecting, sursreying, and/or removing shall
be immediately leveled off, and any damage to the Ditch, embankments, fences, roads or
other property associated with the Ditch (excluding the damage caused by the intentional
wrongdoing or negligence of Grantor) shall be promptly repaired to the reasonable
satisfaction of Grantor and at the expense of Grantee,
14. Grantee agrees that it will at all times maintain the Pipeline and repair all breaks, leaks
and damages therein and thereto at its own expense . Grantee further agrees that, if by
reason of any break, leak or damage to the Pipeline (excluding breaks, leaks or damage
caused by the intentional wrongdoing or negligence of Grantor), damage in and to the
Ditch and injury to the properties of Grantor and/or property owners adjacent to the Ditch
and its embankments is sustained, including damages sustained by Grantor' s stockholders
or water users, then Grantee will, with all due diligence and at its own expense, repair
and replace such property in the same condition as such property was in prior to such
break, leak or damage in and to the Pipeline, In the event water carried by the Ditch
becomes contaminated as a result of such break, leak or damage to the Pipeline, Grantee
shall compensate Grantor the value of water determined to be lost due to the
contamination. To the extent permitted by law, Grantee agrees to assume responsibility
for the costs of any damages sustained by Grantor or its stockholders, water users, or
adjacent property owners as a result of any such break, leak or damage,
15 . Grantee further agrees that, if at any time the Pipeline causes any settling in the Ditch
embankments, the roads thereon, or any part of the Ditch (excluding any settling caused
by the intentional wrongdoing or negligence of Grantor), it will, at its own expense and
upon notification by Grantor, immediately make all reasonable repairs required by
Grantor.
16. To the extent permitted by law, Grantee further agrees to indemnify and hold harmless
Grantor, its successors, assigns, employees, agents and stockholders on account of any
damage or loss sustained by them or any of them arising by reason of the construction,
laying, installation, maintenance, repair, replacement, operation, inspection, survey,
and/or removal the pipeline, excluding damage or loss caused by the intentional
wrongdoing or negligence of Grantor.
17 . If, in the future, Grantor should desire to enlarge, deepen or otherwise change or relocate
p g
the Ditch or to construct any other canal, ditch or waterway on the Ditch or to do any
other thing incident to the operation of the Ditch or any other portion of the irrigation
system of Grantor that can impact the Grantee's shareholders, Grantor shall communicate
the same to Grantee at least thirty (30) days prior to carrying out the aforementioned
changes. After being so notified, Grantee agrees, at Grantee' s expense and with all due
diligence, to change, relay and reconstruct its Pipeline so as to comply with such plans
and specifications as Grantor may prescribe as being reasonably necessary to permit the
change and the proper maintenance and operation of Grantor!s-Ditch.
4
4433386 09/24/2018 04 : 04 PM
Page 5 of 10
18. To the extent permitted by law, Grantee agrees to protect Grantor and hold it harmless
from any and all third part' claims and damages that said Pipeline and its construction,
laying, installation, maintenance, repair, replacement, operation, inspection, sue ,
and/or removal may directly or indirectly cause. Grantee hereby releases Grantor, its
successors, assigns, employees, agents and stockholders from any and all claims and
damages of whatsoever character to the Pipeline or other propel of Grantee located in,
along, across, or under the Ditch arising out of either seepage, soil conditions, settling,
corrosion, and/or Grantor's operation and maintenance of the Ditch or other portions of
Grantor' s irrigation system, or resulting from any other act either on the part of Grantor
or on the part of any third party, excluding claims or damages caused by the intentional
wrongdoing or negligence of Grantor,
19 . The Basement herein granted to Grantee shall continue so long and only so long as
Grantee, its successors and assigns, shall faithfully and promptly comply with this
Agreement. In the event of breach by Grantee, grantor may terminate and revoke this
Agreement with thirty (30) days prior notice to Grantee to allow Grantee the opportunity
to cure any of its defaults hereunder,
20, Grantee agrees to pay Grantor an agreed upon non-refundable crossing fee upon the
execution of this Agreement,
21 . Grantee further agrees that it shall reimburse Grantor the reasonable costs it incurs in
association with any subsequent reviews for approval of work related to maintenance,
repair, replacement, inspection, and/or removal of the Pipeline. These costs may include,
but are not limited to, Grantor's engineering costs for review and any on-site inspection
of work, Grantor's administrative costs and any of its staffs on-site inspection of work,
and legal fees associated with this Agreement. These costs and fees shall. be accounted
for shall be reimbursable within thirty (30) days of submission of an invoice.
22 . It is mutually understood and agreed that this Agreement and all the terms and conditions
contained herein shall extend to and be binding upon the parties hereto, their successors
and assigns , This Agreement is contingent upon the Grantee securing the necessary
easements and rights of way from landowners adjoining the Ditch pursuant to its
Easement and Right of Way Option Agreements. Grantee will provide Grantor with
written notice when the necessary easements have been secured. Upon receipt of that
notice, the Grantor will record this Agreement in Weld County, Colorado.
[SIGNATURE ON FOLLOWING PAGE]
Remainder of Page Intentionally Left Bank
5
4433386 09/24/2018 04: 04 PM
Page 6 of 10
GRANTOR: Routlard Lateral Company
34472 County Road 23
Windsor or 80550-2902
ra
By:_ .e° `.
en Knievel, President
P
STATE OF COLORADO )
)ss .
COUNTY OF O )
The foregoing instrument was acknowledged before me this ' day of &T ,a 2018
by Ken Knelvd , as President of Roullard Lateral Company.
Witness my hand and official seal. 'I t DUANE- C R - - i - - .My commission expires . L NOTARY PUBLIC
4‘.1>) 44 STATE COLORADO x
NOTARY ID 20084 017"
C . MI I ! & ' RES JANU RY 3„ �'
,2 •r :?-s/�,c ,s " c- r a - .-' , rte.
Notary Public
GRANTEE: NWC Development, LLC
. 956 Sheer Lane, Suite 825
sa: TX 75225
y Jams C. Karo, Authorized Representative
STATE OF COLORADO )
)ss ,
COUNTY OF e _tf )
The foregoing instrument was acknowledged before me this t ay of t . 2018
by James C. Karo, as Authorized Representative of NWC Development, LLC.
Witness my hand and official se 1_
My commission expires :
NARY PUaLtC
-Notify 7x'11 '� y ' * fe casio NZ " 84
°nrif j ,0a 20
6
4433386 09/24/2018 04: 04 PM
Page 7 of 10
EXHIBIT "A"
Attached to and made a part of that certain Pipeline Easement and Right-of-Way Option
Agreement, by and between Roullard Lateral Company, Grantor, and NWC Development, LL C)
Grantee
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JAMES C
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LAND SERVICES Section 6 1750 Lafayette 8t,, Denver, CO 80218 303-279-0789
443338�J09/24/201804 : 04
Page 8 of 10
EXIT '1, .n
Attached R
and made a part of that certain Pipeline Easement and i t-of- a Option
Agreement, by and between Roullard Lateral Company, Grantor, and NWC Development, LLB
Grantee
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4433386 09/24/201 04 : 04 PM
Page 9 of 10
' -� EXHIBIT " "
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44 613 10/04/2018 08 : 04 AM
Total Pages : 8 Rae Fee : $48 . 00
Carly Koppel - Clerk and Recorder, Weld County , 00
CROSSING AGREEMENT
WHITNEYIRRIGATION COMPANY AND
NWC DEVELOPMENT, LLC
(Underground Natural Gas Pipeline)
THIS AGREEMENT ("Agreement'1), made this_ "—t day Y : gin. . �. 2018 , between
the parties, being THE WHITNEY IRRIGATION COMPANY, a Colorado corporation, ailda
WHITNEY DITCH COMPANY, whose address is 30951 County Road 27, Greeley, Colorado
80631 , hereinafter the "Company'', and NWC DEVELOPMENT, LLC, whose address is 5956
Sherry Lan; Suite 825, Dallas, Texas 75225 , hereinafter "N' ",
FACTUAL RECITALS
A. The Company is the operator of a canal or ditch commonly known as the Whitney
Ditch (hereinafter called the "Ditch "), The Ditch passes through portions of the SW 'A of
Section 26, Township 6 North, Range 67 West of the 6th P , Ni1 T, as approximately shown on the
plans attached hereto and incorporated herein as Exhibit A (the "Property") .
The Company has a valid and existing right-of-way and easement for the Ditch
and sufficient hands on each side of the Ditch to allow the Company to fully enjoy and utilize the
easement and right of way (the "Ditch Easement"). A portion of the Ditch Easement is generally
located within the Property, as approximately shown on Exhibit A
C. NWC intends to install up to a twenty inch gas pipeline under portions of the
Ditch and Ditch Easement (the "Pipeline") , The Pipeline generally will be located in the SW '/4
of Section 26, Township 6 North, Range 67 West of the 6th P . M., just west of where the ditch
crosses under Litho Plate Drive, NWC will be boring under the Ditch and Ditch Easement a
minimum of ten feet under the bottom of the Ditch to install the Pipeline. The location, cross
section and other specifics of the boring and crossing location that is located within the Ditch
Easement} are further described and shown on Exhibit A attached hereto and incorporated herein
by this reference ( the "Crossing Area"). The Pipeline and improvements related to the Pipeline
are collectively referred to herein as the "Improvements" ,
D. The Company has agreed to grant NWC a temporary license to construct and install
the Improvements, permission to bore under and crass over the Crossing Area for installation of the
Improvements, and permission to install the Pipeline within the Ditch Easement, in accordance with
the provisions of this Agreement.
NOW, THEREFORE, for good and valuable consideration , the receipt and sufficiency
of which is hereby acknowledged by the Company, the parties mutually agree as follows :
1 . The above Factual Recitals are incorporated herein as if fully set forth ,
EXHIBIT
' O91s l% Coeo
4436133 10/04/2018 08 : 04 AM
Page 2 of 8
2 , For the sum of EIGHT THOUSAND and 00/100 ( 8,000,00) DOLLARS, the
Company hereby grants to NWC the license to bore under the Crossing Area in one location for
the purposes of installation of the Improvements, which will be located within the Crossing Area
and within the Ditch Easement, pursuant to the terms of this Agreement . The location of the
crossing and Improvements is more specifically described and shown on Exhibit A, attached
hereto and incorporated herein.
3 „ For the consideration set forth above in Section 2, the Company further grants to
NWC a temporary license on, over and across the Crossing Area for the purpose of constructing
and/or installing the Improvements in the manner and at the location designated and described in
this Agreement and shown on Exhibit A (the "Construction Easement").
4. NWC shall obtain all necessary consents, authorizations and permits and shall
perform the construction and/or installation of the Improvements in accordance with all
applicable laws, rules, regulations, plans and specifications for the design, construction, repair
and.lor maintenance of the Improvements. The Company acknowledges that NWC has provided
the detailed final plans and specifications for the Improvements to the Company for its review
and approval, Prior to any construction, maintenance and/or repair of the Improvements, NWC
shall obtain the Company' s written approval of such plans and specifications and any
contemplated work prior to exercising its rights pursuant to this Agreement, which approval will
not be unreasonably withheld. The Company' s review and any approval of such plans and
specifications and the contemplated work shall not constitute an engineering review or
supervision and does not affect, release and/or limit NWC from any obligation, responsibility or
liability to conduct such work in accordance with this Agreement and with all applicable
governmental rules and regulations, or for the design, construction, repair and/or maintenance of
the Improvements. NWC and the Company agree to cooperate in good faith to coordinate any
construction, maintenance, operation and/or repair of the Ditch, Ditch Easement, Crossing Arca
and. the Improvements. All construction, maintenance and repair of the Improvements thereto
shall be done by NWC, entirety without cost to the Company.,
. , The Company makes no representation or warranties as to whether NWC
obtained., needs to obtain or has obtained consent from the owners of lands surrounding the Ditch
and Ditch Easement in A of Section 26, Township 6 North , range 67 West of the 6Lh P . M . ,
a
Weld County, Colorado or the owners of any existing pipelines, utility lines or other structures
on; over, across or under the Property or other lands surrounding the Ditch and Ditch Easement
prior to commencing construction of the Improvements. The Company shall be without liability
for any damage to said owners as a result of Nom' C 1 s exercise of its rights pursuant to this
Agreement, except as to such damage as may be caused by the gross ,negligence or willful
misconduct of the Company.
, The Improvements shall be constructed, maintained and repaired by NWC, at its
,fir # J
exp c a se upon notice to thee. Company any as s recited above. Given 1��1 'y'v �C,,.• 's intended use, of the
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Crossing Area to install a gas pipeline, which use could be harmful and dangerous to persons or
property if not used or maintained properly and in - compliance with this Agreement , - the
Company shall not make repairs or maintain the Improvements and/or appurtenances; however,
in the event any sum is expended by the Company for emergency repairs and maintenance, NWC
2
4436133 10/04/2018 08 : 04 AM
Page 3 of8
shall reimburse the Company for such costs, fees and/or expenses related to such repairs and
maintenance. In the event that the Company finds it necessary to make any emergency repairs
and maintenance to the Improvements and/or any appurtenances, the Company shall be without
liability for damage to NWC, its agents, employees and/or other third parties, including without
limitation all landowners, homeowners and business owners in or surrounding the Ditch, Ditch
Basement and Crossing Area, except. as to such damage as may be caused by the gross
negligence or wanton and willful misconduct of the Company.
7. In the event that the Company finds it necessary to make repairs and maintenance
to tb e Ditch and/or the Ditch Easement, either now or at any future time, the Company shall be
wholly without liability for damage to the Improvements, as the result of the making of such
maintenance and repairs, except as to such damage as may be caused by the Company' s gross
negligence or wanton and willful misconduct. In the event repair or maintenance of the Ditch or
the Ditch Easement is required or advisable due to the existence, construction, installation,
surveying, inspection, operation, maintenance, repair or replacement of the Improvements, at the
Company' s election, NWC will promptly repair and maintain the Ditch and the Ditch Easement
to the reasonable satisfaction of the Company, or alternatively, the Company shall perform or
cause to be performed such repair and maintenance and NNW shall promptly reimburse the
Company for Me costs and expenses of such repair and maintenance-, Determination of whether
repair or maintenance to the Ditch and the Ditch Easement is necessary or advisable and the
nature and extent of such repair or maintenance shalt be in the Company' s sok discretion.
8, The Company shall have full power to operate, maintain, alter, enlarge, relocate,
clean and manage the Ditch and Ditch Easement as if this Agreement had not been made, and
any expense and/or damages caused thereby to NWC shall not be chargeable to the Company, In
the event, however, that any such action on the part of the Company could reasonably be
expected to affect the Improvements, except in the event of emergency repairs, the Company
agrees to give prior notice to NWC and to reasonably cooperate with NWC to avoid injuries or
damages to the Improvements. In the event that the Company finds it necessary to perform
emergency repairs to the Ditch and Ditch Easement, either now or at any future time, the
Company shalt be wholly without liability for damages to the Improvements as the result of the
performance of said repairs, except as to such damage as may be caused by gross negligence or
wanton and willful misconduct. Determination of whether an emergency exists shall be at the
sole discretion of the Company.
9. The Construction Phase shall be completed prior to April 15, 2019, unless written
consent by the Company for an extension is granted, and shall be accomplished during the none&
irrigation season, unless otherwise agreed by the Company.
W. The Construction Phase, and any subsequent repair and/or maintenance of the
improvements shall be entirely without disturbance of the flow of water into the Ditch, unless
permission in writing is first received from the Company for such disturbance, NWC expressly
agrees that it shall be liable to the Company and/or its sly a reholdcrs for damages for any
unauthorized use or disturbance of the flow of water through the Ditch without the Company's
prior written permission. Upon completion of any activity upon the Crossing Area by ,
NWC shall clean the Ditch and ditch bank area to cause it to be in substantially the same or
3
4436133 10/04/2018 08 : 04 AM
Page 4 of 8
better condition than existed prior to commencement of such activity, including the compacting
of any disturbed soils.
11 _ The improvements shall be owned by '' . Installation, construction, repair
and/or maintenance of the improvements shall be entirely without cost to the Company. The
Company' s attorneys and engineers shall be directed to review this Agreement and to consult
with Company officials and/or employees as to its contents and effect, and their reasonable fees
and expenses shall be paid by NWC.
12. NWC shall indemnify and hold the Company, its officers, directors, employees,
shareholders and successors and assigns, harmless from any and all liability, losses, damages and
expenses, including attorneys * fees, arising in connection with the exercise by of its rights
pursuant to this Agreement, including, but not limited to, any personal injuries, deaths, property
damage, mechanic ' s liens or other claims and causes of action of any kind arising out of use of
the Crossing Area and the Improvements thereon by NWC and/or its employees and/or invitees,
and by other third parties, except to the extent caused by the gross negligence or intentional
misconduct of the Company or its shareholders, employees, agents, contractors and/or
subcontractors ,
13 . N WC hereby covenants and agrees:
NWC shall not install a fence, plant trees, brush or vegetation that
obstructs access to the Ditch, the Ditch Easement or the crossing Area, or construct any building
within the Ditch, the Ditch Easement or Crossing Area, unless written authorization is first
received from the Company.
B. NWC shall promptly bac fill any excavations made by it on the Ditch and
Ditch Easement and repair any damage it shall do within the Ditch and Ditch Easement to the
satisfaction of the Company.
Cr NWC shall not spill dirt, debris or other foreign material into the Ditch. In
the event that dirt, debris or other foreign material is spilled into the Ditch , NVIC agrees to
completely clean and restore the affected area of the Ditch to the Company' s satisfa-ction0
D. If at any time the Improvements or any work by causes any settling
in the Ditch embankments, the roads thereon, the crossing Area or any part of the Ditch
Easement, NWC will upon notification from the Company, immediately make all repairs
required by the Company at 1 's expense.
Er, Pursuant to this Agreement and in accordance with all laws, rules and
regulations, NWC shall clearly mark and identify the location of the Improvements, including
without limitation clearly marking any above-ground valve sct and related lated a pu 4e nai ices if so
w a�i#i uu
permitted under this Arcem ent.
4
4436133 10/04/2018 08 : 04 AM
Page 5 of 8
14. To protect the Ditch during construction and installation of the Improvements,
NWC hereby covenants and agrees to the following:
A. The top of the improvements, in particular the Pipeline and related
appurtenances, shall be buried no less than ten ( 10) feet below the bottom of the Ditch, and any
trench or other excavation in connection therewith shall be baekfillodt compacted and stabilized
by NWC to the satisfaction of the Company.
B. NWC shall not open-cut the Ditch during the installation of the
Improvements.
C. NWC shall limit the length of the bore to the shortest length reasonably
necessary to properly and safely install the Improvements.
Should any water seepage and/or leakage from the Ditch occur as a result
of WC ' s construction and installation of the Improvements, NWC shall repair the Ditch to stop
the seepage and/or leakage to the satisfaction of the Company. Alternatively, at the election of
the Company, the Company may perform such repair and NWC shall reimburse the Company
for any expenses incurred in repairing the Ditch in order to stop the water seepage and/or leakage
caused by the boring.
15 . In the event that legal services are used by the Company in the enforcement of
this Agreement as against NWC, NINVC shall pay reasonable attorneys ' fees and costs including
cost of depositions, technical or engineering analysis and work-up, any expert witness charges,
and any trial, dispute resolution, arbitration and/or mediation costs and fees,
16 . This Agreement, and any grant by the Company, is subject to all restrictions,
reservations, rights-of^way, easements, documents or Agreements existing or of record in the
Clerk and Recorder's office in Weld County, Colorado at the time this Agreement is recorded.
The Company makes absolutely no representations or warranties (including, without limitation,
warranties of title) in or by this Agreement or any grant herein.
17 . This Agreement and all the terms and conditions thereof shall extend to and be
binding upon the successors and assigns of each of the parties hereto, Upon transfer of the
interests in this Crossing Agreement, NWC, its heirs, successors and assigns, agrees to inform
the Company of the name of the transferee. This Agreement shall run with the land described
and shown in Exhibit A,
18 . Any notice required or permitted hereunder shall be deemed effective when
deposited in the United States mail, postage prepaid, first class and addressed to the party to
whom notice is to be given, as follows:
if to Company: The Whitney Irrigation Company
30951 County Road 27
Greeley, CO 80631
S
4436133 10/04/2018 0 . 04 AM
Page 6 of 8
Ji to NW : NWC Development, LLC
5956 Sherry Lane, Suite 825
Dallas, Texas 85225
In the event a different person or entity than the person or entity listed above shall be
given notice, the other party shall be notified of this change in writing pursuant to this paragraph.
19 . Following the approvals required in Section 21 , NWC shall promptly record this
Agreement with the Clerk and Recorder of Weld County, Colorado and tender the original
recorded agreement to the Company. Unless otherwise agreed in writing, no work shall
commence until this Agreement has been recorded and the original recorded agreement is
received by the Company,
20. This Agreement shall be construed and enforced in accordance with the laws of
the State of Colorado.
21 . This Agreement is contingent upon, and shall not take effect until, the approval of
the Board of Directors of the Company of the completed plans and specifications of the
Improvements, signed by the President and attested to by the Secretary of the Company, and the
giving of such approval to NW C . The Company may make suggested revisions to the plans and
specifications, and if such revisions are fully agreed to by NWC in writing, with notice of` such
acceptance being given to the Company, then this Agreement shall become effective upon
receipt by the Company of such notice.
[remainder of this page intentionally left blank with signature page to follow)
6
44 361 10/04/2018 0 8 : 04 Al l
Page 7of8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duty
executed by the proper officers, and have affixed their seats hereto on the day and year first
above written .
THE WHITNEY IRRIGATION COMPANY,
a Colorado corporation, a Ida WHITNEY
DITCH COMPANY, a Colorado corporation
,f
rr
X
J "
B • { £2 _ct
sta n le3r K. Everitt, President
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss
COUNTY OF Lctrt : : r
)
r"
The foregoing instrument was acknowledged before me this I day of CierfriSC, 2018by
Stanley K. Everitt, as President of The WhitneyIrrigation Company, a Colorado corporation.
Witness my baud and official seat.
-
My commission Expires; J Notary Public
.a.
SHANNON N DEDECKER NW E%JELOPMENT, LLC
NOTARY PUBLIC
STATE OF COLORADO i
NOTARY ID 200 33710
PAY OOMMISSION EXPIRES AUGUST 26, 02621 t Nil I ., - + '! -„ Kmiu
Title: KitiCitetkp Alger
ACKNOWLEDGEMENT
STATE OF aF )
ss
COUNTY OF eOttr )
The foregoing instrument was acknowledged before me this of µrt .� 2018 by
a� • y� sa ■o
;Liu,
r:
,�. � ��•. � 1'!� �- L_��:E .a � k� 7 f.��J JL. .? �- , of� NWC Development,
LLC.
Witness my hand and official seal.
HrTh.
(el:Cat e(fr:/eLemeis
°!y Commission Expires: Nowt-- Pu s Hs _
iks .
_ ., _. . .: DUA EC. ED
—per- BUSS&EATS or COLORAD0
NOTARY ID MY COMMISSION EXPIRES 20084000127
OMJANUARY 3, 2020 k
'.� - ,- '1• - .:s=+' ,-., '' s' .s r .j'=. r-..t'_rte e_ _r- r . r .
4436133 10/04/2018 08. 04 AM
Page 8 of 8
EXHIBIT "A"
Attached to and made a part of that certain Pipeline Easement and Rightwof-Way Option
Agreement, by and between Whitney Irrigation Company, Grantor, and NWC Development,
LL C, Grantee
yI.Whitney 4 s
r
Ditch '4
Service Rai ►�
N C Development 1n
Pipeline' Easement Centerline d
SW/4
R 67 W
PIPELINE EASEMENT LOCATION
Township 6 North} Range 67 West, 6th PM
Section 261 in the /4 /4
Weld COinty, Colorado
NOT TO SCALE
drawn Syr Duane Rut
July 24. 2018
k I JAMESCKARO C
ASSOCIATES
LAN D SERVICES
,Section 26 1.75014layella St., Deiwer. CO 80218 3034794789
4436138 10/04/2018 08 : 05 AM
Total Pages: 5 Rec Fee : $33 , 00
Carly Koppel - Clerk and Recorder , Weld County , CO
CROSSING AGREEMENT
THIS AGREEMENT, R �- -� �- 13E-042018).
made this day of
between T 1=I E NEW CACHE
POUDRE IRRIGATING COMPANY, hereinafter the " Company", and NWC Development,_LLS of 956
�--�`` - - r k ..,�
Sherry,Ls uite 825 Dallas TX, hereinafter "Second Party", ITPJESSETH �; .
In consideration of Eight Thousand Dollars ( $8PCOO. 00), and other good and valuable
consideration , the receipt of which is hereby acknowledged by the Company, the parties mutually
agree as follows:
PROJECT DESCRIPTION
Crossing of New Cache Ditch in tyre VVJ 2 E 4 Sec. . N t- �- � 7Ws with a natural gas ptpolipp of no
greater. than ,20"} which shall be installed usin. horizontal directional dr lrrr , and being located at
least 15' beneath the bottom of the ditch * No opfn-cut process will be used, and no esinipment will
be crossing the ditch. Entr and exit oints: shall beat least 3QF away from sides of ditch . — -
LEGAL DESCRIPTION AND COMMON LOCATION
The crossin _ shill be 1, 7G5' S of and ;A 1.o' W _of, the NE corner of Section_23 6N167 or I ,73 # S. of_
Hwy 3.9 and ��f ' ' o f �P. 23 or at � r'o� . � �� coordinates W. 104.856
.---�= ... _
¢ .. _� i --_ p dina tes of NSQ.4747O '+ _1 4. 56 r
THAT WHEREAS, the Company is the owner of a ditch and rig hts of-way, commonly known as the
New Cache la PoLtdre Ditch* hereinafter the. ' ditch "; and
WHEREAS, Second Party desires to acquire a certain right- of-way to cross the ditch of the Company
as described above .
The parties rnutualrty further agree as follows:
1 . The Comp-any grants to Second Party a right-ofrway and easement to construct and maintain
said structure or device (hereinafter referred to as the " line" for convenience) under the ditch .
2 . The Company grants to Second Party the right of ingress and egress to and from said crossing
location, as necessary and reasonable for the exercise of the purposes of this agreement.
3. Exhibit A attached and incorporated by reference illustrates generally the r equirerner is subject
to changes in the field as the Company may require. Second Party is responsible to furnish accurate
measurements and information to the Company. The line shall be installed no less than 15 feet
below the bottom of the ditch to the top of such line
. .fl work shall be performed only after prior notice and submission of plans and specifications to
the superintendent of the Company, and will he performed under the supervision of such
superiintendent Field inspections will be conducted as needed . Field inspections must be conducted
at initial stage of planning and at completion for final inspection . Any questions shall be resolved by
the Company' s superintendent after options and expenses are. considered. The installation of the line
shall occur between November 1 , 2018 and March 31. 2019 . No other time frame is permitted
EXHIBIT
Dais cow
4436138 10/04/2018 08 : 05 Al l
Page 2 of 5
without the written consent of the Company ,
I . In the event any sum is expended by the Company for repair or maintenance of the ditch, which
repair or maintenance is necessary because of Second Party's acts or omissions in constructing the
line and crossing the ditch, or because of the existence of the line, or because of any leakage or
breakage e of the line, Second Party shall reimburse the Company for such expense. Determination of
whether repair or maintenance is necessary, and whether an emergency exists, shalt be at the
discretion of the Company.
- , Installation of the line shall be entirely without disturbance by Second party of the flow of water
in the ditch, unless permission in writing is first received from the Company for such disturbance. Any
subsequent repairs, replacements or maintenance that might ailed the Company's use and operation
of the ditch shall occur during a time period when the ditch is not being used to carry water, and be
completed before that use begins. Second Party expressly agrees that it shat # be liable to the
Company and/or its shareholders in damages for any unauthorized disturbance of the flow of water
through the ditch, to the extent that such disturbance is caused by or due to the activities of the
Second Party or those working on its behalf. Upon completion of any activity upon the ditch right of
way by the Second Party, it shall clean the ditch and ditch bank area to place is in the same or better
condition than it was before the activity began, including the compacting of any disturbed soils ,
second Party agrees to place and maintain markers on both sides of the ditch which indicate the
location of the line . Markers shall be located at points that do not interfere with the operation and
maintenance of the ditch ,
7, in the event that the company finds it necessary to perform emergency repairs to the ditch,
either now or at any future time,. the Company shall be wholly without liability for damages to Second
Party as the result of the performance of such repairs, except as to such damage as may be caused by
the Company's negligence.,
8 . installation of the line shall be entirely without cost to the Company. If necessary, the
Company's attorneys shall be directed to review this Crossing Agreement, and to consult with
Company officials or employees as to its contents and effect, and their fees and expenses shall be paid
by Second Party, in addition to the consideration earlier recited .
9 . The Company shall have full power to operate, maintain, alter, en.large1 relocate , dean and
manage the ditch as if this Agreement had not been made! and any expense or damages caused
thereby to Second Party shall not be chargeable to the Company, except as to such damage as may be
caused by the Company's negligence . It is specifically agreed that normal maintenance and repair
activities, including the operation of machinery for such purposes upon the ditch right of way and
within the ditch itself, shall not constitute negligence. In the event, however, that any such action on
the part of the Company could reasonably be expected to affect Second Party, the Company agrees to
give prior notice to Second Party, and to cooperate to avoid injuries or damages to the line.
10. This Agreement and a1 i the terms and conditions thereof shall extend to and be binding upon
the successors and assigns of each of the parties - hereto , This Agreement shall not be assigned by
Second Party without the written consent of the Company.
2
4436138 10/04/2018 08 : 05 AM
Page 3 of 5
11. The Second Party agrees to record an executed copy of this Agreement at its own expense, with
the Clerk and recorder of the county within Mitch the crossing is made, and furnish a copy of said
recorded document to the Company.
12 . Any notice required or permitted hereunder shall be deemed effective when deposited in the
United States mail, postage prepaid,. certified mail , return receipt requested, and addressed to
the party to whom notice is to be given , 25 follows :
If toCom any : PO Box 104
Lucerne, CO 80546
IE to Second # :i rty: 5956 Sherry Lanes Suite 825
Dallas4 TX 75225
or such other address as may be furnished to the other party by written notice ,
13 . Second Party shall not allow any other entity to cross the right-of-way granted, nor shall it add
additional lines or other equipment within the crossing, without first obtaining the written permission
of the Company to do so, which permission can be withheld at the Company`s discretion.
14 . Second Party shall be liable for, and shall indemnify and hold Company harmless from , any
damages that may occur or arise from the installation, maintenance, repair and continued existence
of said line} including but not limited to any interruption of service, leakage, explosion, or other
rnalfunctlon of the line, regardless of any assistance or supervision provided by Company.
15 . This agreement is contingent upon, and shall not take effect until, the approval by the Board of
Directors of the completed plans and specifications of the crossing„ which approval must be in writing,
signed by the president and attested to by the secretary of the Company, and the giving of notice of
such approval to the Second Party. The Company's signature on the plans is also a part of its approval.
No work shall commence until such notice is given in writing to Second Party , The Company may
make suggested revisions to the plans and specifications, and if such revisions are fully agreed to by
the Second Party in writing, with notice of such acceptance being given to the Company/ then this
agreement shall become effective upon receipt by the Company of such notice . The plans and
specifications as approved shall he attached hereto as an exhibit and be recorded .
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper
persons, and have affixed their seals hereto on the day and year first above written.
3
4436138 10/04/2018 08: 05 AM
Page 4 of
THE NEW CACHE LA POUDRE I RE IRRIGATING COMPANY
ay: wieid (1
72_
KITE
: s.
By: _ of
nesee
its: 124ce -,
NWC #0 t v.4 ogrent, LW
fir— -
tea- ,
a
By l Janes C.. Vic" re
its: Authorized Representative
4
4436138 10/04/2018 08: 05
Page 5 of 5
EXHIBIT " A"
Attached to and made a vari of that certain Pipeline Easement and Right-of-Way tion
Agreement, by and between the New Cache La Poudre Irrigating Company, Grantor , and NWC
Development, LL C, Grantee
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pelLna Easement Centerline
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11 67 W _ _ t.s..
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PIPELINE EASEMENT LOCATION
i
Township 6 Ncarlh1 Range; 67 West, 6th PM
, Section 23 it the SW/41\11114
Wald Comity, Catip•{ade
NOT TO GALE
Tii grown by Dwano Russell
23 6
JAMES C KARO
AssoCIATES
H
LAND SERVICES
Section1760 Ligayotla Si, Mawr, CO 80218 303-270-0780
RE : CASE usR18 .0080
NWC bev
As President of Hester Farms , Inc . , I would like to expexpress
my support for this pippipeline. Our farm is 100% in favor of the
oil and gas industry.
Sincerely ,
Eli UhaseLpple
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If
CROSSING AGREEMENT
FOR
PIPELINE
(Pierce Lateral Ditch Company and NWC Development, LLC)
THIS '► AGREEMENT, made this _ "1--Lis day of .� , 2018,
between the parties, being THE PIERCE LATERAL DITCH COMPANY, whose address is
20378 WCR 86, Ault, CO 80610, hereinafter the "Company" or "Pierce Lateral", and NWC
DEVELOPMENT,ENT, LLC, a Colorado limited liability company, whose address is 5956 Sherry
Lane, Suite 825 , Dallas, TX 75225 ("N Development").
FACTUAL RECITALS
A, The Company is the operator of a canal or ditch known as the Pierce Lateral
(hereinafter called the "Ditch") , The Ditch passes through portions of the Sections 7, 8 and 18,
Township 7 North, Range 66 West, all of the 6tK P .M . in Weld County, Colorado as
approximately shown on the map attached hereto and incorporated herein as Exhibit A (the
"Property").
E . The Company has a valid and existing prescriptive right-of-way and easement for
the Ditch and sufficient lands on each side of the Ditch to allow the Company to fully enjoy and
utilize the easement and right of way (the "Ditch. Easement"). A portion of the Ditch Easement
is generally located within the Property, as approximately shown on Exhibit A,
NWC Development intends to construct and install one ( 1 ) underground pipeline
not to exceed twenty (20") inches in nominal diameter under portions of the Ditch and Ditch
Easement (the `Pipeline" ) . NWC Development contemplates crossing the Ditch and Ditch
Easement with the Pipeline in three (3 ) locations by boring under the Ditch, The location, cross
sections and other specifics of the portions of the Pipeline that will cross the Ditch and Ditch
Easement are generally shown on Exhibit B, attached hereto and incorporated herein by this
reference, The crossing under the Ditch and Ditch Easement is collectively referred to as the
"Crossing Area" .
D . The Company desires to grant NWC Development a right of crossing on, under
and through the Crossing Area for the purposes of installing, maintaining, repairing and
replacing the Pipeline where it traverses the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged by the Company, the parties covenant and mutually agree as follows :
EXHIBIT
tiSe ito tato
_A_
1 , The above Factual Recitals are incorporated herein as if fully set forth herein.
2. For good and valuable consideration in the amount of
the Company hereby grants to NWC
Development a nonexclusive right of crossing on, over, under and across the Crossing Area in
the locations shown on Exhibits A and B, for the purpose of constructing, repairing, removing,
replacing, inspecting, operating and maintaining the Pipeline (the "Crossing"), The Pipeline and
related facilities, including, but not limited to drips, valves, fittings, metering equipment,
electrical cable, cathodic equipment, communication equipment, compressor or booster
equipment or other appurtenances directly related to the Pipeline described in this Section 2 are
collectively referred to herein as the "Improvements ."
3 . The Company makes no representations or warranties as to whether NWC
Development obtained or needs to obtain consent from the owners of the land surrounding the
Ditch and Ditch Easement, in Sections 7, 8 and 18, Township 7 North, Range 66 West of the 6th
P.M. in Weld County, Colorado or the owners of any existing pipelines, utility lines or other
structures on, over, across or under the Property or other lands surrounding the Ditch and Ditch
Easement prior to commencing construction of the Improvements. The Company shall be
without liability for any damage to said landowners as a result of NWC Development' s exercise
of its rights set forth in Sections 2 and pursuant to this Agreement, except as to such damage as
may be caused by gross negligence or wanton and willful misconduct of the Company.
4 . The Company reserves the right to use the Ditch, the Ditch Easement, and/or the
Crossing Area for any purpose, including, but not limited to, maintaining, cleaning, repairing and
operating the Ditch, so long as such use does not materially impair or interfere with NWC
Development' s use of the Crossing Area for the purposes described in Section 2 .
5 . NWC Development shall obtain all necessary consents, authorizations and
permits and shall perform the construction and/or installation of the Improvements in accordance
with all applicable laws, rules, regulations, plans and specifications for the design, construction,
repair and/or maintenance of the Improvements . The Company acknowledges that !MC
Development has provided preliminary plans for the Improvements to the Company for its
review. Prior to commencing any installation, construction, maintenance and/or repair of the
Improvements, NWC Development shall submit detailed final plans and specifications, including
without limitation survey information, of the Improvements to the Company. NWC
Development shall obtain the Company' s written approval of such final plans and specifications
and any contemplated work prior to any construction, maintenance and/or repair. The
Company' s review and any approval of such plans and specifications and the contemplated work
and any supervision of the work by the Company shall not constitute an engineering review or
supervision and does riot affect, release an t or limit j yr Development elopment froth any obligation,
responsibility or liability to conduct such work in accordance with this Agreement and with all
applicable governmental rules and—regulations - for—the--design,construction, - repair -- and/or
maintenance of the Improvements, NWC Development and the Company agree to cooperate in
good faith to coordinate any additional construction, maintenance, operation and/or repair of the
Ditch, Ditch Easement, Crossing Area and Improvements . All such construction, maintenance
2
and repair of the Improvements thereto shall be done by NWC Development, at its sole cost and
expense, to the satisfaction of the Company.
6 . In the event that the Company finds it necessary to make repairs and maintenance
to the Ditch, Ditch Easement, and/or any appurtenances thereto , either now or at any future time,
the Company shall be wholly without liability to NWC Development for damage to the
Improvements as the result of the making of such maintenance and repairs, except as to such
damage as may be caused by gross negligence or wanton and willful misconduct of the
Company. In the event repair and/or maintenance of the Ditch and/or Ditch Basement is required
or advisable due to the existence, construction, surveying, inspection, operation, maintenance,
repair or installation of the Improvements or any appurtenances, at the Company' s election,
NWC Development will promptly repair and maintain the Ditch and/or Ditch Easement to the
reasonable satisfaction of the Company, or, alternatively, the Company shall perform or cause to
be performed such repair and maintenance and NWC Development shall promptly reimburse the
Company for the costs and expenses of such repair and/or maintenance. Determination of
whether repair and/or maintenance to the Ditch Easement and/or Ditch is necessary or advisable
and the nature and extent of such repair or maintenance shall be in the Company' s sole
discretion.
7 . The Company shall have full power to operate, maintain, alter, enlarge, relocate,
clean and manage the Ditch, Ditch Easement, and/or any appurtenances or facilities thereto as if
this Agreement had not been made, and any expense or damages caused thereby to the
Improvements shall not be chargeable to the Company . In the event, however, that any such
action on the part of the Company could reasonably be expected to affect NWC Development,
except in the event of emergency repairs, the Company agrees to give prior notice to NWC
Development and to reasonably cooperate with NWC Development to avoid injuries or damages
to the Improvements. In the event that the Company finds it necessary to perform emergency
repairs to the Ditch, Ditch Easement, and/or any appurtenances or facilities thereto, either now or
at any future time, the Company shall be wholly without liability to NWC Development for
damages as the result of the performance of said repairs, except as to such damage as may be
caused by gross negligence or wanton and willful misconduct of the Company. Determination of
whether an emergency exists shall be at the sole discretion of the Company.
S. The Improvements shall be owned by NWC Development . .Installation ,
construction, repair and/or maintenance of the Improvements or any appurtenances shall be
entirely without cost or expense to the Company, Given NWC Development' s intended use of
the Improvements and Crossing for the transmission of natural gas and gas products and
byproducts, the Company shall not make repairs or maintain the Improvements, without first
obtaining NWC Development ' s written consent for such repair or maintenance to the
Improvements; however, in the event any sum is expended by the Company for emergency
repair or maintenance of the Improvements , or repairs and maintenance that are approved by
NWC Development as set forth in this Section 8, NWC Development shall reimburse the
Company for such expense. In the event that the Company finds it necessary to make emergency
repairs to the Improvements , the Company shall be without liability for damage to NWC
Development, except as to such damage as may be caused by gross negligence or wanton and
3
willful misconduct of the Company, Determination of whether repair or maintenance is
necessary and whether an emergency exists shall be in the sole discretion of the Company.
9 . NWC Development anticipates commencing construction of the Improvements
after November 1 , 2018 and shall complete construction and installation of the Improvements by
April 1 , 2019 , NWC Development shall provide at least one ( 1) week notice to the Company
prior to commencing such construction and shall coordinate with the Company during the
construction. All construction shall be accomplished during the none-irrigation season, unless
otherwise agreed by the Company,
10. Construction, repair and/or maintenance of the Improvements shall be entirely
without disturbance of the flow of water in the Ditch„ unless permission in writing is first
received from the Company for such disturbance. NWC Development expressly agrees that it
shall be liable to the Company and/or its shareholders for damages for any unauthorized use or
disturbance of the flow of water through the Ditch without the Company' s prior written
permission. In the event NWC
Development ' s activities within the Crossing Area impacts the
Ditch, Ditch Easement, and/or any appurtenances or facilities thereto, including without
limitation the Ditch bank areas, NWC Development shall clean the Ditch, Ditch Easement,
and/or any appurtenances or facilities thereto, including without limitation the Ditch bank areas
to cause it to be in the same or better condition than existed prior to commencement of such
activity, including the compacting of any disturbed soils ,
11 . Except in emergencies involving potential loss of life or damage or destruction
to property or when the Company cannot reasonably be located, NWC Development shall give
the Company fourteen ( 14) days ' notice before commencing any activities involving the
Ditch , Ditch Easement and/or related appurtenances and facilities , including entry
upon the surrounding land for construction or other comparable operations, inspections,
maintenance and repair involving substantial disturbance of the Property or the Ditch, Ditch
Easement and/or related appurtenances and facilities thereon.
12. In addition to the consideration recited in Section 2, the Company' s attorneys and
engineers shall be directed to review this Agreement, and to consult with Company officials
andior employees as to its contents and effect, and their reasonable fees and expenses shall be
paid by NWC Development.
13 . NWC Development shall indemnify, defend and hold the Company, its officers,
directors, employees, shareholders and successors and assigns, harmless from any and all
liability, losses, damages and expenses, includingattorneys ' fees, arising in connection with the
exercise by NWC Development of its rights pursuant to this Agreement, including, but not
limited to, any personal injuries, deaths, property damage, mechanic 's liens or other claims and
causes of action of any kind arising out of use of the Crossing Areas and the Improvements
thereon by NWC Development andlor its contractors, subcontractors, agents, employees and/or
invitees, except -to flit a .thnt-paused _ t the grass-negligence or intentional riiiscondubI if t-he
Company or its shareholders, employees, agents, contractors or subcontractors .
14, NWC Development hereby covenants and agrees as follows :
4
(a) NWC Development shall not install a fence, plant trees, brush or
vegetation that obstruct access to the Ditch, Ditch Easement, and/or any appurtenances and
facilities thereto, or the Crossing Area, or construct any building within the Ditch, Ditch
Easement, and/or any appurtenances and facilities thereto, or the Crossing Area, unless written
authorization is first received from the Company, which shall not be unreasonably withheld,
(b) NWC Development shall not spill dirt, debris or other foreign material into the
Ditch. In the event that dirt, debris or other foreign material is spilled into the Ditch, NWC
Development agrees to remove what they spilled into the Ditch and restore the affected area of
the Ditch to the Company' s commercially reasonable satisfaction,
(c) If at any time the Improvements or any work by NWC Development causes I;
any settling in the Ditch or embankments, or any part of the Crossing Area or Ditch Basement,
NWC Development will, upon notification from the Company, promptly make all related repairs
required by the Company at NWC Development' s expense .
(d) NWC Development shall repair any damage it shall do to the Ditch, Ditch
Easement, and/or appurtenances and facilities thereto, or the Crossing Area to the satisfaction of
the Company,
15 . To protect the Ditch during the construction and installation of the Improvements,
NWC Development hereby covenants and agrees to the following:
(a) The top of the Improvements, in particular the Pipeline and related
appurtenances, shall be buried no less than fifteen ( 15 ' ) feet below the bottom of the Ditch.
(b) NWC Development shall not openecut and/or excavate in and around the
Ditch, Ditch Easement, or Crossing Area for any purpose. All Improvements shall be installed
by boring under the Ditch and Ditch Basement, in accordance with the terms of this Areement.
(c) Should any water seepage from the Ditch occur as a direct result of NWC
Development' s construction and installation of the Improvements, NWC Development shall
repair the Ditch to stop seepage to the satisfaction of the Company. Alternatively, at the election
of the Company, the Company may perform such repair and NWC Development shall reimburse
the Company for any expenses incurred in repairing the Ditch directly caused by the installation
of the Improvements.
(d) NWC Development shall remove any hazardous materials that may result
from the installation and/or construction of the Improvements, and shall prevent such hazardous
materials from flowing into or entering the Ditch ,
(e) NWC Development shall limit the length of the bore to the shortest length
reasonably necessary to properly and safely install the Improvements. Notwithstanding the
foregoing, the bore entry points and exit points shall be no less than one hundred (100 ' ) feet from
the Ditch Easement on. either side of the Ditch,
5
1. 6 : NWC Development shall not install additional pipelines or other similar structures
within the Crossing Area except pursuant to a separate written agreement with the Grantor, its
heirs, successors and assigns.
17. If NWC Development shall cease to use or maintain the Pipeline for a period of two
(2) consecutive years for any of the purposes herein granted, excepting any period of non--use
caused by reason of strikes, labor troubles, governmental regulations, force majeure, Acts of God
and other causes beyond NWC Development ' s reasonable control, then NWC Development' s
rights hereunder shall cease and terminate upon receipt of written notice from the Company of
the Company' s election to so terminate. In such event, NWC Development may, in its sole
discretion, remove the Pipeline or purge the Pipeline of product, fill the line with an inert-
substance and abandon the Pipeline in place. In the event this Agreement is terminated pursuant
to this Section 17, NWC Development shall record a release of this Agreement in the real estate
records of Weld County, Colorado.
18 . This Agreement, and any grant by the Company, is subject to all restrictions,
reservations, rights-of-way, easements, documents or agreements existing of record in the Clerk
and Recorder's office in Weld County, Colorado at the time this Agreement is recorded. The
Company makes absolutely no representations or warranties (including, without limitation,
warranties of title) in or by this Agreement or any grant herein.
19 . This Agreement and all the terms and conditions thereof shall extend to and be
binding upon the heirs, successors and assigns of the parties hereto . Upon transfer of its interests
in this Crossing Agreement, NWC Development, its heirs , successors and assigns, agrees to
inform the Company of the name of the transferee .
20. Any notice required or permitted hereunder shall be written and delivered by hand
or a nationally recognized service with signature required upon receipt, and shall be deemed
effective upon such signature, and addressed to the party to whom notice is to be given as noted
below, which may be updated by following this procedure :
if to Company; The Pierce Lateral Ditch Company
A ttn : Wade Podtburg
dtb urg
20378 W 86
Ault, CO 80610
If to NWikirelopmeat:
1` WC Development, LLC
Attn: Jarrett Morrison
405-438w0076
5956 Sherry Lane, Suite 825
Dallas, TX 75225
6
In the event a different person or entity than the person or entity listed above shall be
given notice, the other party shall be notified of this change in writing pursuant to this paragraph.
21 . So long as NWC Development has received the necessary consent from the
owners of lands underlying and surrounding the Ditch and Ditch Easement in the Property area,
NWC Development and the Company agree that NWC Development may record this
Agreement, upon execution by both parties, with the Weld County Clerk and Recorder,
22 . This Agreement shall be construed and enforced in accordance with the laws of
the State of Colorado ,
23 . This Agreement is contingent upon, and shall not take effect until, the approval of
the Board of Directors of the Company of the completed plans and specifications of the
Improvements, signed by the President and attested to by the Secretary of the Company, and the
giving of such approval to NWC Development. The Company may make suggested revisions to
the plans and specifications, and if such revisions are fully agreed to by NWC Development in
writing, with notice of such acceptance being given to the Company, then this Agreement shall
become effective upon receipt by the Company of such notice and payment of the crossing fee.
24. Due to the circumstances arising out of the specific needs of NWC Development's
Project, the Company has agreed to the terms herein as a onetime accommodation and does not
intend by this Agreement to permanently alter its policies or procedures relating to future
crossings with this or other companies ,
25 . A copy of this Agreement may be executed by each party, separately, and when each
party has executed a copy thereof, such copies taken together shall be deemed to be a full and
complete contract between the parties.
(Balance of page intentionally left blank)
7
II
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed by the proper officers , and have affixed their seals hereto on the day and year first
above written.
AGREED TO AND ACCEPTED AS OF THE DATE FIRST WRITTEN ABOVE.
THE PIERCE LATERAL DITCH
COMPANY, a Colorado non-profit
corporation
414 dli fell 11/2„.. ...,„
Wade Pudtburg, President
r
ACKNOWLEDGEMENT
STATE OF COLORADO )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this /?2 day of e9c.. 26,-,5,c -s. , 2018 by Wade
Podtburg, as President of The Pierce Lateral Ditch Company, a Colorado noneprofit corporation.
Witness my hand and official seal.
in,----c-----• _
My Commission Expires: Notau Public .�
.� DUANE C. RUSSELL ',
'; NOTARY PUBLIC
STATE OF COLORADOig
NOTARY tD 240,4000127 ,
MY COMW$$K)H UPPIR S JANUARYS, 2021) i,
8
NWC DEVELOPMENT, LL C,
A Cobra = o limited liability company
By : -
Nam • .lames C. Karo
Title: Authorized Representative
ACKNOWLEDGEMENT
STATE OF COLORADO )
ss
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 1,0' day of as r J -C_ 2018 by James
C. Kam, as Authorized Representative of NWC Development, LL C, a Colorado Limited Liability
Company.
Witness my hand and official seal.
My ommission Expires : Notary Public
�, , ALL
74-4
f r NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084 00127 .3
MY COMMISSION EXPIRES JANUARY 3,. 2020
1_y1iF
9
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STATE MID LOCAL AAENCIES ALSO APR.Y
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CCHTRADTC44 SHALL EIE RESPQH$BLETOLQG•A.TEAu, PARALLELAbO
LmU11ESMONTO EXCAVATION ORCONSTRUCTION This i M1 OR M2 PROPOSED
OCH8T1TUTE VERIFICATION OFLOCATION CePTR G AHhtrr.9ZeaaTYPESOFaccir I LENGTH MAY VARY = EE PIPELINE
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RE FOLLOAEO AT AL TINES PERWTf1M*GAMIDWQ11FCAT14NT4 CROSS OR voRK -
OVER EXISTING FACILITIES SHALL BETHE'CONTRACTORS RE93O4 1St 0+90 0+20 0+40 0+60 BtBO 1+00 1+20 1+40
uTuriEN VT LAIN VS a. W N PROSSNO FOREIGN UN ERPROFILE
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CROSSING AGREEMENT
(NWC Development, LLC Natural Gas Pipeline Crossings)
THIS rEElENT ("Agreement") , made this 164 day of Webber
o l between the parties , being THE MILES LATERAL IRRIGATION COMPANY, a
Colorado corporation, a lda MILES LATERAL, whose address is 30951 County Road 27, Greeley,
Colorado 80631 , hereinafter the "Company", and NWC Development, LL C, whose address is
5956 Sherry Land, Suite 825, Dallas, TX 75225, hereinafter "NWC Development".
FACTUAL RECITALS
A. The Company is the operator of a canal or ditch commonly known as the Miles
Lateral Ditch (hereinafter called the "Ditch"). The Ditch passes through portions of the NW/4 of
Sec. 6, 6M 66W, and the SW/4 of Sec. 6, 6N 66W, as approximately shown on the plans attached
hereto and incorporated herein as Exhibit A (the "Property"),
B . The Company has a valid and existing right-of-way and easement for the Ditch and
sufficient lands on each side of the Ditch to allow the Company to fully enjoy and utilize the
easement and right of way (the "Ditch Easement") . A portion of the Ditch Basement is generally
located within the Property, as approximately shown on Exhibit A.
. NWC Development intends to install a natual gas pipeline of no greater than 20"
under portions of the Ditch and Ditch Easement (the "Severance Trunk pipeline"). The Severance
Trunk pipeline generally will be located in the N /4 of Sec. 6, 6N 66W (approx. 40. 519815'
W104. 829565 "), and the SW/4 of Sec. 6, 6N 66W (approx. N40.509070° 104.829904"),
generally east of CR 25 , north of CR 72 and also near CR 74 . NWC Development contemplates
boring under the Ditch and Ditch Easement in two places to install the pipeline. The location,
cross section and other specifics of the boring and crossing location that is located within the Ditch
Easement, are further described and shown on Exhibit A attached hereto and incorporated herein
by this reference (the "Crossing Area"). The natural gas pipeline and improvements related to the
Severance Trunk pipeline are collectively referred to herein as the "Improvements".
D . The Company has agreed to grant NWC Development a temporary license to
construct and install the Improvements, permission to bore under and cross over the Crossing Area
for installation of the Improvements, and permission to install the natural gas pipeline within the
Ditch Easement, in accordance with the provisions of this Agreement.
NOW, THEREFORE , for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by the Company, the parties mutually agree as follows ;
1 . The above Factual Recitals are incorporated herein as if fully set forth.
EXHIBIT
%4 % Vati
6
2 . For the sum set forth in that separate Crossing Agreement Application executed by
the parties, the Company hereby grants to NWC Development the license to bore under the
Crossing Area in two locations for the purpose of installation of the Improvements, which will be
located within the Crossing Area and within the Ditch Easement, pursuant to the terms of this
Agreement. The locations of the crossings and Improvements are more specifically described and
shown on Exhibit A, attached hereto and incorporated herein,
3 . For the consideration set forth above in Section 2, the Company further grants to
NWC Development a temporary license on, over and across the Crossing Area for the purpose of
constructing and/or installing the Improvements in the manner and at the locations designated and
described in this Agreement and shown on Exhibit A (the "Construction Easement' ).
4 Development shall obtain all necessary consents, authorizations and permits
and shall perform the construction and/or installation of the Improvements in accordance with all
applicable laws, rules, regulations, plans and specifications for the design, construction, repair
and/or maintenance of the Improvements. The Company acknowledges that NWC Development
has provided the detailed final plans and specifications for the Improvements to the Company for
its review and approval. Prior to any construction, maintenance and/or repair of the Improvements,
NWC Development shall obtain the Company' s written approval of such plans and specifications
and any contemplated work prior to exercising its rights pursuant to this Agreement, which
approval will not be unreasonably withheld, The Company' s review and any approval of such
plans and specifications and the contemplated work shall not constitute an engineering review or
supervision and does not affect, release and/or limit NWC Development from any obligation,
responsibility or liability to conduct such work in accordance with this Agreement and with all
applicable governmental rules and regulations, or for the design, construction, repair and/or
maintenance of the Improvements, NWC Development and the Company agree to cooperate in
good faith to coordinate any construction, maintenance, operation and/or repair of the Ditch, Ditch
Easement, Crossing Area and the Improvements. All construction, maintenance and repair of the
Improvements thereto shall be done by NWC Development, entirely without cost to the Company.
5 , The Company makes no representation or warranties as to whether NWC
Development obtained, needs to obtain or has obtained consent from the owners of lands
surrounding the Ditch and Ditch Easement in the NW/4 of Sec, 6, 6N 66W, and the SW/4 of Sec.
6, 6N 66W, Weld County, Colorado or the owners of any existing pipelines, utility lines or other
structures on, over, across or under the Property or other lands surrounding the Ditch and Ditch
Easement prior to commencing construction of the Improvements . The Company shall be without
liability for any damage to said owners as a result of NWC Development exercise of its rights
pursuant to this Agreement, except as to such damage as may be caused by the gross negligence
or willful misconduct of the Company.
6 . The improvements shall be constructed., maintained and repaired by NWC
Development, at its expense, upon notice to the Company as recited above. Given NWC
Development's intended use of the Crossing-Area to install.- a natural-gas pipeline,-which-use could
be harmful and dangerous to persons or property if not used or maintained properly and in
compliance with this Agreement, the Company shall not make repairs or maintain the
2
Improvements and/or appurtenances; however, in the event any sum is expended by the Company
for emergency repairs and maintenance, NWC Development shall reimburse the Company for
such costs, fees and/or expenses related to such repairs and maintenance. In the event that the
Company finds it necessary to make any emergency repairs and maintenance to the Improvements
and/or any appurtenances, the Company shall be without liability for damage to NWC
Development, its agents, employees and/or other third parties, including without limitation all
landowners, homeowners and business owners in or surrounding the Ditch, Ditch Easement and
Crossing Area, except as to such damage as may be caused by the gross negligence or wanton and
willful misconduct of the Company.
7 , In the event that the Company finds it necessary to make repairs and maintenance
to the Ditch and/or the Ditch Easement, either now or at any future time, the Company shall be
wholly without liability for damage to the Improvements, as the result of the making of such
maintenance and repairs, except as to such damage as may be caused by the Company's gross
negligence or wanton and willful misconduct. In the event repair or maintenance of the Ditch or
the Ditch Easement is required or advisable due to the existence, construction, installation,
surveying, inspection, operation, maintenance, repair or replacement of the Improvements, at the
Company' s election, NWC Development will promptly repair and maintain the Ditch and the
Ditch Easement to the reasonable satisfaction of the Company, or alternatively, the Company shall
perform or cause to be performed such repair and maintenance and NWC Development shall
promptly reimburse the Company for the costs and expenses of such repair and maintenance.
Detennination of whether repair or maintenance to the Ditch and the Ditch Easement is necessary
or advisable and the nature and extent of such repair or maintenance shall be in the Company' s
sole discretion,
8 , The Company shall have full power to operate, maintain, alter, enlarge, relocate,
clean and manage the Ditch and Ditch Easement as if this Agreement had not been made, and any
expense and/or damages caused thereby to NWC Development shall not be chargeable to the
Company, In the event, however, that any such action on the part ofth.e Company could reasonably
be expected to affect the Improvements, except in the event of emergency repairs, the Company
agrees to give prior notice to NWC Development and to reasonably cooperate with NWC
Development to avoid injuries or damages to the Improvements . In the event that the Company
finds it necessary to perform emergency repairs to the Ditch and Ditch Easement, either now or at
any future time, the Company shall be wholly without liability for damages to the Improvements
as the result of the performance of said repairs, except as to such damage as may be caused by
gross negligence or wanton and willful misconduct. Determination of whether an emergency
exists shall be at the sole discretion of the Company,
9. The Construction Phase shall be completed prior to March 31 , 2019, unless written
consent by the Company for an extension is granted, and shall be accomplished during the non
irrigation season, unless otherwise agreed by the Company.
10. The Construction Phase, and any subsequent repair and/or maintenance of the
Improvements shall be entirely without disturbance of the flow of water into the Ditch, unless
permission in writing is first received from the Company for such disturbance, NWC Development
3
expressly agrees that it shall be liable to the Company and/or its shareholders for damages for any
unauthorized use or disturbance of the flow of water through the Ditch, without the Company' s
prior written permission. Upon completion of any activity upon the Crossing Area by NWC
Development, NWC Development shall clean the Ditch and ditch bank area to cause it to be in
substantially the same or better condition than existed prior to commencement of such activity,
including the compacting of any disturbed soils.
11 . The Improvements shall be owned by NWC Development. Installation,
construction, repair and/or maintenance of the Improvements shall be entirely without cost to the
Company. The Company' s attorneys and engineers shall be directed to review this Agreement
and to consult with Company officials and/or employees as to its contents and effect, and their
reasonable fees and expenses shall be paid by IsisTWC Development,
12 . NWC Development shall indemnify and hold the Company, its officers, directors,
employees, shareholders and successors and assigns, harmless from any and all liability, losses,
damages and expenses , including attorneys ' fees, arising in connection with the exercise by NWC
Development of its rights pursuant to this Agreement, including, but not limited to, any personal
injuries, deaths, property damage, mechanic's liens or other claims and causes of action of any
kind arising out of use of the Crossing Area and the Improvements thereon by NWC Development
and/or its employees and/or invitees, and by other third parties, except to the extent caused by the
gross negligence or intentional misconduct of the Company or its shareholders, employees, agents,
contractors andlor subcontractors.
13 . NWC Development hereby covenants and agrees
., NWC Development shall not install a fence, plant trees, brush or vegetation
that obstructs access to the Ditch, the Ditch Basement or the Crossing Area, or construct any
buildingwithin the Ditch, the Ditch Easement or Crossing Area, unless written authorization is
first received from the Company.
D. NWC Development shall promptly backfill any excavations made by it on
the Ditch and Ditch Easement and repair any damage it shall do within the Ditch and Ditch
Easement to the satisfaction of the Company.
C. NWC Development shall not spill dirt, debris or other foreign material into
the Ditch . In the event that dirt, debris or other foreign material is spilled into the Ditch, NWC
Development agrees to completely clean and restore the affected area of the Ditch to the
Company' s satisfaction.
D. If at any time the Improvements or any work by NWC Development causes
any settling in the Ditch embankments, the roads thereon, the Crossing Area or any pail of the
Ditch Easement, NWC Development will upon notification from the Company, immediately make
all repairs required by the Company at NWC-Development-expense. -- - - - - - - - - - -- - - -
4
B. Pursuant to this Agreement and in accordance with all laws, rules and
regulations, NWC Development shall clearly mark and identify the location of the Improvements,
including without limitation clearly marking any above-ground valve set and related appurtenances
if so permitted under this Agreement.
14. To protect the Ditch during construction and installation of the Improvements,
NWC Development hereby covenants and agrees to the following :
A. The top of the Improvements, in particular the natual gas pipeline and
related appurtenances, shall be buried no less than five (5) feet below the bottom of the Ditch, and
any trench or other excavation in connection therewith shall be backfilled, compacted and
stabilized by NWC Development to the satisfaction of the Company.
NWC Development shall not open-cut the Ditch during the installation of
the Improvements.
C . NWC Development shall limit the length of the bore to the shortest length
reasonably necessary to properly and safely install the Improvements.
D. Should any water seepage and/or leakage from the Ditch occur as a result
of N 'NWC Development construction and installation of the Improvements, NWC Development
shall repair the Ditch to stop the seepage and/or leakage to the satisfaction of the Company.
Alternatively, at the election of the Company, the Company may perform such repair and NWC
Development shall reimburse the Company for any expenses incurred in repairing the Ditch in
order to stop the water seepage and/or leakage caused by the boring.
15 . In the event that legal services are used by the Company in the enforcement of this
Agreement as against NWC Development, NWC Development shall pay reasonable attorneys '
fees and costs including cost of depositions, technical or engineering analysis and work-up, any
expert witness charges, and any trial, dispute resolution, arbitration and/or mediation costs and
fees.
16 . This Agreement, and any grant by the Company, is subject to all restrictions,
reservations, rights-of-way, easements, documents or Agreements existing or ofrecord in the Clerk
and Recorder' s office in Weld County, Colorado at the time this Agreement is recorded. The
Company makes absolutely no representations or warranties (including, without limitation,
warranties of title) in or by this Agreement or any grant herein.
17 . This Agreement and all the terms and conditions thereof shall extend to and be
binding upon the successors and assigns of each of the parties hereto . Upon transfer of the interests
in this Crossing Agreement, NWC Development, its heirs, successors and assigns, agrees to inform
the Company of the name of the transferee. This Agreement shall run with the land described and
shown in Exhibit A.
5
18 . Any notice required or permitted hereunder shall be deemed effective when
deposited in the United States mail, postage prepaid, first class and addressed to the party to whom
notice is to be given, as follows :
If to Company:: The Miles Lateral Irrigation Company
30951 County Road 27
Greeley, CO 80631
If to C Development: NWC Development, LLC
5 956 Sherry Lane, Suite 825
Dallas, TX 75225
In the event a different person orentity than the person or entity listed above shall be given
notice, the other party shall be notified of this change in writing pursuant to this paragraph.
19 . Following the approvals required in Section 20, NWC Development shall promptly
record this Agreement with the Clerk and Recorder of Weld County, Colorado and tender the
original recorded agreement to the Company. Unless otherwise agreed in writing, no work shall
commence until this Agreement has been recorded and the original recorded agreement is received
by the Company,
20. This Agreement shall be construed and enforced in accordance with the laws of the
State of Colorado.
21 . This Agreement is contingent upon, and shall not take effect until, the approval of
the Board of Directors of the Company of the completed plans and specifications of the
Improvements, signed by the President and attested to by the Secretary of the Company, and the
giving of such approval to NCIVIC Development, The Company may make suggested revisions to
the plans and specifications, and if such revisions are fully agreed to by NWC Development in
writing, with notice of such acceptance being given to the Company, then this Agreement shall
become effective upon receipt by the Company of such notice,
6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed by the proper officers and have affixed their seals hereto on the day and year first above
written.
THE MILES LATERAL IRRIGATION
COMPANY, a Colorado corporation
By: actiLi. attAlionAinairt_
President
ACKNOWLEDGEMENT
ENT.
STATE OF COLORADO ) ss
)
COUNTY OFlj(kid
eeThe re Cain instrument was acknowledged e+d before tree this of ( 201'C) by
s President of The Miles Lateral Irrigation Company, a Colorado corporation.
Witness my hand and official seal.
ystu,
My Commission Expires: 10r- tese2P2.0 Notary Public Yle-
raf L . ORGAN
- Notary Public
State of Colorado
Notary ID # 20124061984
20124061984
7
NWC Devi opulent, LLC
R :
Name: - ,_ ___ )0)
Title: te_ 1 r pet,�.s�'.'^'T T 71 ,es—
ACKNOWLEDGEMENT
STATE OF COLORADO )
COUNTY OF -e , )
I
The foregoing instrument was acknowledged before me this eitariy of T6.1 dirollaii,_ 1 8 by
„Lea-t a k_ea., as 4ginvasror Peps c c , -E. g- a - of
Witness my hand and official seal, .� . : js ._� - -r . �1.i . _ r �S � Y _
DUANE C, RUSSELL
NOTARY PUBLIC ,!,
STATE OF COLORADO
,' NOTARY ID 20084000127
all N
., MY C el AL ISS ION EXPIRES JANUARY 3, 2020 '8
6l'
My Commission Expires: Notary Public/73(Seal)
8
Exhibit A
to that Pipeline Crossing Agreement by and between The Miles Lateral Irrigation Company and
NWC Development, LLC, dated October 15M , 2018
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t , . MEMORANDUM
i.,:.:-, :eir:vi
rt I
'1„ 1 ,!. �- ',L , To: Planning ommission
7 .6-eirsrj-'%E•powaresejeaso#0 Is %j
coedit u fl11L-Li _ ‘- From : Kim Ogle
Y Request for modification of Staff Recommendation
ub� ect, q
Date: October 16 , 2018
The Department of Planning Services is requesting the following modifications to the staff
recommendation .
Under the heading of Prior to Recording the Map :
Item 1 . B The Map shall be amended to delineate the following :
Delete Item 9 , as Central Weld County Water District is not party to this application .
Move items 10- 16 to Prior to Construction and modify as follows :
Item 10 . Show and label the Water Supply and Storage Company crossing agreement reception number,
as applicable . (Department of Planning Services )
Provide a copy of the crossing agreement with the Water Supply and Storage Company .
Re number to 5 . E
Item 11 . Show and label the Pierce Lateral Ditch Company crossing agreement reception number, as
applicable . ( Department of Planning Services)
Delete , as a crossing agreement is a part of the record
Item 12. Show and label the Whitney Ditch Company crossing agreement reception number, as
applicable . (Department of Planning Services)
Delete, as a crossing agreement is a part of the record
Item 13 . Show and label the New Cache la Poudre Irrigating Company crossing agreement reception
number, as applicable. ( Department of Planning Services)
Delete, as a crossing agreement is a part of the record
Item 14 . Show and label the Miles Lateral Irrigation Company crossing agreement reception number, as
applicable . ( Department of Planning Services )
Delete, as a crossing agreement is a part of the record
Item 15 . Show and label the Larimer & Weld Reservoir Company crossing agreement reception number,
as applicable . ( Department of Planning Services)
Delete, as a crossing agreement is a part of the record
SERVICE, TEAMWORK, INTEGRITY, QUALITY
EXHIBIT
i3
1090, teac CID
Item 16 . Show and label the Larimer & Weld Irrigation Company crossing agreement reception number, as
applicable. ( Department of Planning Services)
Provide a copy of the crossing agreement with the Larimer & Weld Irrigation Company
Re Number to 51F
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Hello