HomeMy WebLinkAbout26-18 Aproving an Amendment to a Gas Pipeline Easement Agreement with Wes DJ Gathering LLC 02-18-2026RESOLUTION NO. 26-18
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO A GAS
PIPELINE EASEMENT AGREEMENT WITH WES DJ GATHERING, LLC
WHEREAS, the Town of Firestone ("Town"), by duly adopted Resolution No. 25-43,
granted to WES DJ Gathering, LLC ("Western") a permanent, non-exclusive gas pipeline easement
("Easement") over, under and across approximately 0.8652 acres, more or less ("Easement Area"),
of certain Town -owned property, legally described as Tracts J, O, and P, Denmore Filing No. 1, Town
of Firestone, County of Weld, State of Colorado ("Property"), pursuant to the terms and conditions
of a Gas Pipeline Easement, recorded on May 7, 2025, at Reception Number 5027732 in the
records of the Office of the Weld County Clerk and Recorder (the "Existing Agreement"); and
WHEREAS, the Parties desire to reconfigure the Easement Area to accurately reflect and
correspond to the location of Western's existing improvements that it installed pursuant to the
Easement; and
WHEREAS, to accomplish this reconfiguration, the Parties will need to amend the Easement
and Existing Agreement using the proposed Amendment, attached as Exhibit A to this Resolution,
which would replace Exhibit "A" to the Existing Agreement with a new Exhibit "A," thereby revising
the legal description of the Easement Area and, by extension, ensuring that the Easement Area
corresponds with the present, as -built location of Western's existing improvements within the
Property; and
WHEREAS, the Parties also desire to release a portion of the existing Easement Area to
accommodate the reconfiguration, as described and shown in Exhibit B, which is attached hereto and
incorporated herein; and
WHEREAS, Town Staff recommends the Town accommodate Western's request and
approve the proposed Amendment, which will effectuate a reconfiguration of the Easement and
Easement Area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
The Board of Trustees of the Town of Firestone hereby authorizes and approves the
Amendment to Gas Pipeline Easement Agreement between the Town and WES DJ Gathering,
LLC, in substantially the same form as the copy attached hereto as Exhibit A and made a part of
this resolution, and the Mayor is authorized to execute the agreement on behalf of the Town.
PASSED AND ADOPTED this 18th day of February, 2026.
n ony r. r
ATTEST:
frdaaco
Carranco, Deputy Town Clerk
SEAL
APPROVE S TO FORM:
ars a eith M in, low orney
Exhibit A
{Amendment to Easement and new Easement Area Legal Exhibit}
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Total Pages: 10 Rec Fee: $58.00
Carly Koppes - Clerk and Recorder, Weld County,
GAS PIPELINE EASEMENT AND AGREEMENT
This GAS PIPELINJI EASEMENT 4N0 AGREEMENT ("Agreement") is made and
entered into this y of _4W! A Li , 2025, by and between the TOWN OF FIRESTONE,
COLORADO, a municipal corporation organized and existing under and by virtue of the laws of the
State ofColomdo, whose address is 9950 Park Avenue., Firestone, Colorado, 80504 ("Firestone" or
"Grantor") and WES D7 GATHERING, LLC, a Colorado limited liability company ("Grantee"),
whose address is 9950 Woodloclt Forest Drive, Suite 2800, The Woodlands, Texas, 77380.
1. Grantor's Property. Firestone is the owner of that certain parcel of real property (the
"Property") located in Weld County, Colorado, legally described as Tracts 7, O, and P, Demnore
Filing No. 1, as recorded in the Weld County Clerk and Recorder's Office at Reception No.
4928429.
2. Grant of Easement —Consideration. Firestone grants to Grantee a perpetual, non-exclusive
easement (the "Easement") thirty (30) feet in width over, under, in and across that portion of the
Property as more fully described in Exhibit A, attached to and made a part ofthis Agreement (the
`Easement Area"), subject to the terms and conditions set forth below.
3. Purpose and Uses of Easement. Grantee may use the Easement:
A. To construct, install, access, operate, use, maintain, repair, and inspect, at any time
and from time to time, oneundergroundpipeline and all underground appurtenances related thereto
reasonably necessary for the conveyance and transmission of oil, gas, petroleum products, orwater
(the "Improvements") upon, across, over, under through and within the Easement Area;
B. To reconstruct, replace, and remove at any time and from time to time the
Improvements constructed hereunder in the original location within the Easement Area, generally
consistent with the intended purposes of the Easement; and
C. To mark the location of the Easement Area and Improvements by suitable markers
set and maintained in the ground. Except for surface markers, all Improvements installed pursuant
to this Easement shall be located entirely underground.
D. Except, for the Improvements, Grantee shall not place, build, erect, or add any
structures, other pipelines, facilities, improvements or other items on, under, over, or across the
Basement Area or the Property. Nothing herein shall be construed to permit any overheadutilities
or any surface facilities or equipment associated with any utilities other than underground electric
within the Easement Area.
4. Access. Grantee shall only use the existing roads on the Property for ingress and egress to
the Easement Area. Notwithstanding any provision to the contrary, for any use outside of routine
maintenance and an emergency, access points, staging areas, and access mutes to the Easement
Area over the Property shall be as established in a separate agreement.
5. Grantor's Rights in Basement Area.
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Page 2 of 10
A. Firestone reserves the right to use the EasementArea for any purposes that will not
impair, endanger or unreasonably interfere with any of the Improvements or with Grantee's full
enjoyment of the rights hereby granted.
B. Firestone shall not increase the surface elevation of the Easement Area by more
than two (2) feet nor decrease the surface elevation of the Basement Area by more than one (1)
foot without Grantee's prior written permission, which shall not be unreasonably withheld or
delayed.
C. Firestone may only construct, install, or erect or cause to be constructed, installed,
or erected, fencing, shallow root landscaping and irrigation lines within five feet of either side of
the centerline of any underground pipelines ("No -Install Zone") unless it has first obtained
Grantee's written consent. Grantee shall have the right to cat, mow, or otherwise remove any such
fencing, landscaping, or irrigation lines placed or installed within the No=hnstaIl Zone without its
prior written consent. Grantee shall in no event be liable for any damages to any fencing,
landscaping, or irrigation lines installed or located within the No -Install Zone caused by the
exercise of Grantee's rights hereunder, unless otherwise agreed to by the Parties.
D. Firestone shall not erect or cause to be erected any permanent buildings or
structures or any reservoir or impoundment, nor shall it drill or operate any well, within the
Easement Area without the prior written consent of Grantee, which shall not be unreasonably
withheld.
6. Construction.
A. From time to time after the initial construction and installation of the
Improvements, Grantee may only use the Easement Area during construction activities for the
purposes of the Easement set forth herein.
B. Grantee shall provide Firestone a complete set of "As -Built Plans" for the
Improvements, in paper and electronic format, within thirty days following construction and
installation of the Improvements. As-Builts shall show the location of the Improvements with a
reference distance to an existing section monument. The plan view shall also show existing surface
features and known utilities within ten (10) feet of the Easement Area, as well as any valves,
fittings, or other appurtenances on the gas pipeline and within the Easement Area.
C. Grantee shall ensure that construction of the Improvements shall be undertaken by
a licensed contractor, and shall cause all work to be performed by such contractor to be in
accordance with all applicable statutes, ordinances, rules, regulations and permitting requirements.
7. Monumentation and Marking. Grantee shall place and maintain permanent, above -grade
monumentation and marking at all locations where the Improvements enter upon the boundaries
ofthe Easement Area, at changes of direction, and enter upon the boundaries ofroad right-of-way,
as approved by the Town Engineer. Markers shall include phone numbers to call for line locates
and 24 -hour emergency repair. Grantee shall install tracer wire no more than 18" above and along
the entire length of the Improvements.
8. Operation and Maintenance. Restoration.
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A. Grantee shall be solely responsible for the maintenance and replacement of the
Improvements now or hereafter constructed and located within the Easement Area.
B. Grantee shall, and -shall cause its representatives to, comply with all applicable
laws, as well as any applicable site safety rules of the ECMC, when conducting or performing any
activities or operations upon the Basement Area.
C. Upon completion of any construction work in the Easement Area, Grantee will
maintain the surface of the Easement area in compliance with any applicable weed, nuisance. or
other legal requirements.
D. Upon completing any work in the Easement Area, Grantee will make such repairs
or take such other action as may be necessary to restore the surface of the Easement Area to a
condition comparable to its condition prior to Grantee's activities in the Easement Area, including
but not limited to, the reseeding and replanting of any disturbed areas in a manner reasonably
satisfactory to Firestone, correction of any subsidence, and restoration of any other pre-existing
improvements or conditions impacted by Grantee's activities.
E. Grantee shall sufficiently compact any soil on the Basement Area that has settled
excessively because of Grantee's activities and operation, to the extent necessary to return the soil
to its condition immediately prior to such disturbance.
F. If any portion of the Property suffers injury or damage caused by Grantee's
activities and operations, Grantee, at its own expense, shall promptly repair all such damage and
shall restore the Property to the same condition as before such damage.
G. Where required by environmental law or ordered by any other governmental
authority, Grantee shall promptly perform, implement and complete, at its own cost and expense,
any remediation activity on the Property to clean up, detoxify, decontaminate, treat, contain,
prevent, cure, mitigate or otherwise remedy any contamination or release of any hazardous
substance or to comply with any environmental law. Grantee shall be solely responsible, at its
own expense, for the proper cleanup, removal and/or remedy of any release of any hazardous
substance in accordance with applicable environmental law caused by Grantee's activities and
operations. Grantee shall maintain any financial assurances and pay any oversight fees and costs
required or otherwise imposed by any governmental authority with respect to any and all
remediation activity conducted on the Property.
H. Grantee shall immediately notify Firestone upon learning of any release of a
hazardous substance at the Property that results from or is related to Grantee's or its
representatives' access to and/oruse oftheEasement (including any remediationactivity) and shall
promptly provide Firestone copies of any notices, reports, documents or other communications to
or from any governmental authority concerning any such release. Such notification shall be made
verbally within twenty-four (24) hours, andin writing within seventy-two (72) hours, of Grantee's
knowledge of any such release.
9, Depth of Cover. Unless a greater depth is required by applicable law, Grantee shall initially
bury all underground Improvements within the Basement Area at a minimum depth offour (4) feet
below the surface of the ground.
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10. Liability and Resaonsibili
A. Firestone shall have no obligation to contribute to the costs or expenses of initial
construction or installation of the Improvements.
B. Except for any negligent or willful act or omission, Firestone shall not be
responsible or hold liable for any damages to the Improvements resulting from any work conducted
by Firestone on the Property or in connection with performing authorized emergency repairs and
maintenance of any existing improvements on the Property.
C. Firestone shall not be liable to Grantee or its respective employees, agents,
contractors, and invitees, or to any other person, for any death or injury to persons or damage to
property, including damage to the environment under applicable federal, state and local statutes,
on or about the Easement Area when caused by Grantee or its respective employees, agents,
contractors, or invitees use and occupation thereof and activities and operations.
D. Grantee, for itself and on behalf of its representatives, subsidiaries and affiliates,
does hereby release, hold harmless and forever discharge Firestone from any and all actual,
threatened or potential claims of any kind or character, whether known or unknown, relating in
any way to the contamination of the Property caused by the exercise of Grantee's rights hereunder
or arising from Grantee performing any remediation activities on the Property with respect to any
contamination, including any claims for contribution for such remediation activities pursuant to
any environmental law.
E. Nothing in this Easement Agreement shall be construed to be a waiver of the
limitations on liability which are provided' to Firestone under any provision of law or the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as currently enacted or subsequently
amended ("CGIA").
11. Indemnification.
A. Grantee shall indemnify, defend and hold Firestone harmless from and against any
and all costs, losses, taxes, liabilities; damages, lawsuits, deficiencies, claims, demands, and
reasonable expenses, including without limitation interest, fines, penalties, judgments, settlements,
costs of mitigation, lost profits and other losses resulting from any shutdown or curtailment of
operations, damages to the environment or natural resources or any real or personal property,
reasonable attorneys' fees and all amounts paid in investigation, defense or settlement of any of
the foregoing, caused by: (i) the exercise of Grantee'srigltts hereunder by Grantee orits respective
employees, agents, contractors buyers, or invitees; (ii) any contamination of the Property or any
releases of a hazardouisubstance at the Property that results from or is related to Grantee's or its
representatives' use of the Easement, (iii) a breach of, or failure to perform or comply with, any
covenant or promise of Grantee contained in this Easement; or (iv) any remediation activity
conducted on the Property by Grantee or its representatives pursuant to this Agreement, including
any damage orinjury to persons orproperty. Except Grantee's indemnity obligation shall notapply
to any negligent acts or the wiIIful misconduct of Grantor or its representatives.
B. Without waiving any right to indemnification, upon failure of Grantee to perform
any remediation activity required under environmental law and/or the directives of any
governmental authority with respect to any contamination at the Property, Firestone reserves the
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Page 5 of 10
right to perform any remediation activity that it reasonably deems necessary (i) to comply with
environmental law and the directives of any governmental authority, (ii) to prevent or remedy an
imminent and substantial risk to human health and the environment or (iii) where the failure to
perform such remediation activity wilt substantially interfere with the function or operation of any
Firestone -owned improvements at the Property, and in each case to require Grantee to pay the full.
cost thereof to Firestone. Firestone shall give Grantee ten (10) business days prior written notice
ofFirestone's intention to take any remediation activity under this Section 10(B) in order to allow
Grantee to cure such deficiency, provided, however, that such prior notice shall not be required if
the remediation activity is necessary to prevent or remedy an imminent and substantial risk to
human health and the environment, in which case Firestone shall provide notice to Grantee of such
remediation activities as soon as reasonably practicable.
12. Termination. This Easement is perpetual and shall only terminate: (a) upon Grantee filing
forbankmptcy protection orreorganization, or after an involuntary petition is fried against Grantee
under any bankruptcy or insolvency law; or (b) upon Grantee's abandonment of the Improvements
and its full use and enjoyment of the easement rights appurtenant thereto. Abandonment shall be
deemed to have occurred if the Improvements have not been in use for a consecutive twenty-four
(24) months. Grantee shall provide written notice to Firestone of Grantee's abandonment of the
Improvements. Upon providing written notice of abandonment, Grantee shall, within a reasonable
time, remove the Xmprovements and restore all portions of the Easement Area impacted by
Grantee's activities. In the event any portions of such abandoned Improvements conflict with
structures, utilities, roads, or rights -of -way, Grantee shall coordinate with Firestone on the
appropriateness of abandoning in place only those portions of Improvements, together with
capping and structurally filling such portions and restoring the surface of Basement Area disturbed
by such activities as required by Firestone. Firestone shall issue its written acceptance of all
Improvements to be abandoned in place as expeditiously as reasonably possible. Grantee shall
notify the Town after completing all cutting, cleaning, removal, and potential structural filling of
such portions of the Improvements that have been approved by the Town to be abandoned inplace.
13. Binding Effect - Runs With Land. This Agreement shall extend to and be binding upon
and inure to the benefit of the Parties to this Agreement and theirrespective successors and assigns,
including without limitation, all subsequent owners of the Property, and all persons claiming under
them. The rights and responsibilities set forth in this Agreement are intended to be covenants upon
the Easement Area and are to run with the land.
14. Notices. Any notice, request, consent, offer or demand required or permitted to be given
in this Agreement, shall be in writing and be sufficiently given if delivered in person or sent by
mail or email, addressed to the party to whom such notice is intended to be given at the address
set forth below:
Town of Firestone
Matthew Wiederspabn, Town Engineer
9950 Park Avenue
Firestone, CO, 80504
303-531-6254
MWiederspahn@FirestoneCO.gov
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Page 6 of 10
WES DJ Gathering LLC
Jayson VanShura, Land Manager
10188 E I-25 Frontage Road
Longmont, CO 80504
303-357-7790
Jayson.VanShura@westernmidstream.com
15. Governing Law: Venue: This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Colorado. Jurisdiction and venue for any actions arising
from this Agreement and any amendments hereto shall rest exclusively in Weld County, Colorado.
16. Amendment: Waiver: No provision of this Agreement may be amended, waived or
otherwise modified without, except by a writing executedby both Parties. The waiverby any party
of a breach of any provision or condition contained in this Agreement shall not operate or be
construed as a waiver of any subsequent breach or of any other conditions hereof.
17. Authority. Firestone warrants that it has full right and lawful authority to convey the real
property interests contained in the Easement granted above. Each party represents and warrants
to the other that it has full power and authority to enter into this Agreement and to bind itself, its
respective successors and assigns, and that no other contract or agreement to which it is a party
prevents it from executing this Agreement or concluding the transactions described herein.
18. Entire Agreement. This Agreement constitutes the entire agreement between the Parties
hereto relating to the Easement and sets forth the rights, duties and obligations of each to the other
as of this date. Any prior agreements, promises, negotiations or representations not expressly set
forth in this Agreement are of no force and effect.
19. Severability. If any part, tern or provision of this Agreement shall be held unenforceable
or invalid, the remainder of this Easement and the application of such part, term or prevision to
persons or situations other than those to which it shall have been held unenforceable or invalid
shall not be affected thereby, but shall continue to be enforceable and enforceable to the greatest
extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Gas Pipeline Easement and
Agreement, effective as of the date first set forth above.
SIGNATURE PAGESFOLLOW
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Page 7 of 10
GRANTOR:
THE TOWN OF FIRESTONE,
COLORADO, a Colopuni
By:
ATTEST:
}b4fi.eados Luna, CMC
Ton Clerk
SEAL
Date: ff a �6zs
APPROVED AS TO FORM:
own Attom
5027732 05/07/2025 11:38 AM
Page 8 of 10
ACCEPTED BY GRANTEE:
WES DJ GfrTBERING LLC, a Colorado
limited lia¢ili company
-L. VanShura
and Attorney -in -Fact
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 1st day of ft -pr:!
2025 by Jayson L. VanShura in his capacity as Agent and Attorney -in -Fact of WE DJ
Gathering, LLC, a Colorado Limited Liability Company on behalf of such company.
WITNESS my hand and official seal.
My commission expires:
PAUL GERRISH
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20244027104
MY COMMISSION EXPIRES JUL 19, 2028
7-19-2028
No
5027732 05/07/2025 11:38 AM
Page 9 of 10
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EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF TRACTS J, O, AND P. DENMORE FILING NO. 1 AS RECORDED AT RECETPION
NO. 4928429 OF THE WELD COUNTY RECORDS OFFICE, LOCATED IN THE SOUTH HALF OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID
SECTION 6 IS ASSUMED TO BEAR SOUTH 88°48'45" EAST AND BEING MONUMENTED ON THE
WEST BY A 2.5" ALUMINUM CAP STAMPED, "LS 31169" IN MONUMENT BOX AND ON THE EAST BY
A 3" BRASS CAP STAMPING ILLEGIBLE IN MONUMENT BOX AS SHOWN ON SAID PLAT OF
DENMORE FILING NO. 1.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6; THENCE NORTH
19°08'30" EAST, 63.07 FEET TO SOUTHERLY LINE OF SAID TRACT P. AND THE POINT OF
BEGINNING;
THENCE NORTH 88°48'45" WEST, 34.13 FEET ALONG SAID SOUTHERLY LINE;
THENCE NORTH 29°40'23" EAST, 1213.90 FEET;
THENCE NORTH 60°22'34" EAST, 20.44 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT D;
THENCE NORTH 29°40'27" EAST, 30.00 FEET ALONG SAID NORTHWESTERLY LINE;
THENCE SOUTH 60°22'34" EAST, A DISTANCE OF 50.44 FEET;
THENCE SOUTH 29°40'23" EAST. 1227.65 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 37,686 SQUARE FEET OR 0.8652 ACRES, MORE OR LESS
UNIT OF MEASURE IS U.S. SURVEY FEET.
I, MARK A. GABERT, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AND REVIEW,
MARK A. GABERT, P.L.S. 38567
FOR AND ON BEHALF OF MANHARD CONSULTING
7600 E. ORCHARD ROAD, SUITE 150•N
GREENWOOD VILLAGE, COLORADO 80111
(303) 708.0500
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5027732 05/07/2025 11:38 AM
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RECEPTION NO. 4928429
POINT OF COMMENCEMENT
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SECTION 6, T2N. R67W
FOUND 2.5" ALUMINUM CAP
STAMPED, "LS 31169"
IN MONUMENT BOX
FOR AND ON BEHALF OF
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SE CUR. SEC. 6, T2N. R67W
FOUND 3" BRASS CAP
STAMPING ILLEGIBLE IN
NOTE, MONUMENT BOX
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY.
IT IS INTENDED ONLY TO DEPICT T11E ATTACHED LEGAL DESCRIPTION.
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AMENDMENT OF RIGHT-OF-WAY GRANT
THIS AMENDMENT OF RIGHT-OF-WAY GRANT C'Amendment") is entered into this _
day of February 2025, by andbetween the TOWN OF FIRESTONE, COLORADO, a municipal corporation
organized and existing under and by virtue of the laws of the State of Colorado ("Grantor"), whose address
is 9950 Park Avenue, Firestone, Colorado 80504, and WES DJ GATHERING LLC, a Colorado Limited
Liability Company ("WES"), whose address is 9950 Woodloch Forest Drive, Suite 2800, The Woodlands,
TX 77380. Grantor and WES may be referred to herein individually as a "Party" or collectively as the
"Parties".
WHEREAS, Grantor, conveyed a GAS PIPELINE EASEMENT AND AGREEMENT to WES
for the purpose of accommodating pipelines for the transportation of oil, gas, and other substances, under,
on, over, and through part of the South Half of Section 6, Township 2 North, Range 67 West of the 6'^ PM,
Weld County, Colorado (the "Property")'as recorded on May 7, 2025, at Reception Number 5027732 in the
records of the Office of the Weld County Clerk and Recorder (the "Existing Agreement");
WHEREAS, Grantor is the current owner of all or a portion of the Property covered by the Existing
Agreement;
WHEREAS, the Parties desire to amend the Existing Agreement to replace Exhibit "A" with a
revised legal description to clarify the location of the permanent easement;
WHEREAS, the Parties also desire to release a portion of the easement, as described in Exhibit
"B" attached hereto and incorporated herein;
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties mutually agree as
follows:
1. Replacement of Easement Description (Exhibit A). Exhibit "A" attached to and incorporated
in the Existing Agreement is hereby deleted in its entirety and replaced with the Exhibit "A"
attached hereto and incorporated herein by reference. All references to Exhibit "A" in the
Existing Agreement shall refer to the revised Exhibit "A" attached hereto.
2, Partial Release of Easement (Exhibit B). Grantee hereby releases all rights, title, and interest
in the portion of the easement described in Exhibit "B", which is attached and made part ofthis
Amendment. That portion of the easement is hereby terminated and shall have no further force
or effect.
3. Ratification and Superseding Effect. Except as expressly amended by this Amendment and
except to the extent necessary to conform the Existing Agreement to the revised Exhibit "A"
and the terms herein, all other provisions of the Existing Agreement shall remain in full force
and effect. In the event of a conflict between this Amendment and the Existing Agreement, the
terms of this Amendment shall control.
4. Binding on Successors and Assigns: Covenant Running with the Land. This Amendment and
the Existing Agreement shall be binding upon and inure to the benefit of the Parties hereto and
their respective successors and assigns, and shall constitute covenants running with the land.
5. Counterparts. This Amendment may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures delivered via facsimile or in PDF format shall be deemed originals for
all purposes.
6. Recording. This Amendment shall be recorded in the records of the Office of the Clerk and
Recorder of Weld County, Colorado.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by duly
authorized representatives on the dates set forth in the acknowledgments, to be effective as of the date first
above written.
GRANTOR:
THE TOWN OF FIRESTONE,
COLORADO, a C r unicipality
y: Don Cot ac, Jr, or
ATTEST:
Missy Carranco
Deputy Town Clerk I
SEAL
GRANTEE:
WES DJ GATHERING LLC,
a Colorado limited liability company
Christopher P. Martin, Agent & Attorney -in -Fact
STATE OF COLORADO
)ss.
COUNTY OF WELD
2- fir-o)Oa (o
Date:
APPROVED AS TO FORM:
The foregoing AMENDMENT OF RIGHT-OF-WAY GRANT was acknowledged before me this _ day
of , 2025, by Christopher P. Martin as Agent & Attorney -in -Fact for WES DJ Gathering
LLC, a Colorado Limited Liability Company, on behalf of such company.
Witness my hand and official Seal.
My Commission Expires:
(Seal)
Notary Public:
ILLUSTRATION TO EXHIBIT A
BLOCK 15 1
32
lk 4� 5
/ 4'
,j TRACT M
Ch
4 1
4' 2
Q��<v �V� 3 15
N I
BLOCK 16
OVERALL REVISED DENMORE
GAS EASEMENT TRACT C PILING NO. 1
REC. Na 4928429
7 11
I % 8 10
G I 1s
4. PACT
C � � TRACT T
TRACT F
DENMORENO.
PILING NO. 1
REC. Na 4928429
TRACT 0
TRACT P
FIRESTONE BLVD
0' 75' 150' 300'
SCALE: 1' = 150'
NOTE: THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION.
OVERALL REVISED EASEMENT EXHIBIT
aAZT cPUdom,CGI0Mdo Snim, DENMORE , OG 1
M.,:(, Colorado no�zz 7134898 I FIRESTONE, COLORADO
Phone (80813.1897
F.e InmlTu.ze9T PATH: 0'\8392s —Os — DENWHE TRACTS R & S\pWG)X BITS\Gas EASEUQIT OVERALL F)aMAWG
CONSULTANTS, INC. xox +nxrnwmuni.mm JOB NUMBER: 83924-05 DATE: 10/22/25 DWG: JEL CHK: 1 OF 1 SHEETS
EXHIBIT B
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF A 30 -FOOT WIDE GAS EASEMENT AS DESCRIBED IN
THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 5027732 IN THE RECORDS OF THE
WELD COUNTY CLERK AND RECORDER; SITUATED IN THE SOUTHEAST QUARTER OF SECTION
6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN; TOWN OF
FIRESTONE, COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID 30 -FOOT WIDE GAS EASEMENT AS
DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 5027732, BEING A
POINT ON THE WESTERLY BOUNDARY OF TRACT J, DENMORE FILING NO. I AS PLATTED
UNDER RECEPTION NUMBER 4928429 IN SAID RECORDS, AND FROM WHICH SAID WESTERLY
BOUNDARY BEARS SOUTH 29°40'27" WEST, WITH ALL BEARINGS HEREIN RELATIVE THERETO;
THENCE, ALONG THE NORTHERLY AND EASTERLY BOUNDARY OF SAID 30 -FOOT WIDE GAS
EASEMENT, THE FOLLOWING TWO (2) COURSES;
1. SOUTH 60°22'34" EAST, A DISTANCE OF 50.44 FEET;
2. SOUTH 29°40'23" WEST, A DISTANCE OF 299.36 FEET;
THENCE NORTH 08°08'55" EAST, A DISTANCE OF 81.77 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF SAID 30 -FOOT GAS EASEMENT;
THENCE, ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID 30 -FOOT WIDE GAS
EASEMENT, THE FOLLOWING TWO (2) COURSES;
1. NORTH 29°40'23" EAST, A DISTANCE OF 193.27 FEET;
2. NORTH 60°2234" WEST, A DISTANCE OF 20.44 FEET TO A POINT ON SAID WESTERLY
BOUNDARY OF TRACT J;
THENCE NORTH 29°40'27" EAST, ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 30.00
FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.194 ACRES, (8,453 SQUARE FEET), MORE OR LESS.
ILLUSTRATION ATTACHED AND MADE A PART HEREO\F)om�tp0 f�filC ii,
\"ooEtP.......FNS.
37933
•
.�• 12/29/25
JAMES E. LYNCH, PLS 37933
FOR
AND ON BEHALF EAST MINERAL AVE., AZTEC CO
SUITE 1LITTLETON, CO 8012 Li
3 OnAiN "0\\
303-713-1898
Q:\83924-06 - Denmore Tracts R & S\Legals\Gas Easement Vacation.docx
PAGE 1 OF 2
POINT OF
NW COR, 30' GAS EASEMENT
NEC NO. 50277J2
N2940'27"E
30.00'
N60'22'34"W
20.44'
PARCEL CONTAINS
8,453 (SQ.FT.)
0.194 ACRES
MORE OR LESS
(O
ccy
=2 x
' 'e NOS'08'55"E
81.77'
/ I TRACT C
DENMORE
/ ( FILING NO. 1
NEC. NO. 4928429
// 30GAS EASEMENT
NEC NO. 5027732
N
TRACT ✓
DENMORE
$6O. FILING NO. 1
REC. NO. 4928429
T124Q• F
BLOCK 15
DENMORE
FILING NO. 1
NEC NO. 492842
4
U�tiO
k
4040'
rJ• I BLOCK 16
o 4' DENMORE
FILING NO. 1
NEC NO. 4928429
3
SCALE: V = OU
NOTE: THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION.
EC
5, INC.
JOB
EASEMENT VACATION EXHIBIT
TRACT J, DENMORE FILING NO. 1