HomeMy WebLinkAbout23-115 Approving Cooperative Development Plan Agreement 10-25-2023RESOLUTION NO.23-115
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A COOPERATIVE
DEVELOPMENT PLAN AGREEMENT
WHEREAS, the Town of Firestone (Town) and Kerr-McGee Oil & Gas Onshore LP (Kerr-
McGee) value a balanced approach to oil and gas development that protects community health, safety,
and welfare; and
WHEREAS, the Town and Kea -McGee have jointly negotiated a Cooperative Development
Plan Agreement that seeks to mitigate impacts from oil and gas development; and
WHEREAS, the Board of Trustees finds that this Cooperative Development Plan Agreement
is in the best interest of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Cooperative Development Plan Agreement between the Town of Firestone and Kea -
McGee Oil & Gas Onshore, LP is hereby approved in substantially the same form as the copy
attached hereto as "Exhibit A" and made a part of this resolution. The Mayor is authorized to
execute and deliver the Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 15 th day of October, 2023.
TOWN OF FIRESTONE, COLORADO
Drew Alan Peterson, Mayor
Kristi Bashor, CMC, Town Clerk
EXHIBIT A
Cooperative Development Plan Agreement
REVOCABLE LICENSE AGREEMENT
This REVOCABLE LICENSE AGREEMENT ("Agreement") dated as of the S " day
of ll� h. r 2024 (the `Effective Date"), is between the Town of Firestone, a Colorado statutory
municipality (the "Town" or "Owner"), and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee"),
whose address is 1099 18'" St., Suite 700, Denver, Colorado 80202 ("Licensee"). Town and
Licensee may be referred to in the singular sense as a "Party" or in the collective sense as the
"Parties."
Recitals
The Town is the owner of real property located in the Town of Firestone in Weld County,
Colorado, which is also a public right of way (collectively, "Town Property").
Licensee proposes to construct, own and operate underground produced water pipelines
("Underground Facilities") and a temporary non -potable freshwater pipeline located on Town
Property, as described in more particular detail on Exhibit A attached hereto and incorporated
herein ("License Area").
The Parties desire to enter into a license agreement respecting the Licensee's use of the
Town Property pursuant to the terns and conditions set forth herein.
AGREEMENT
For good and valuable consideration given and acknowledged by the Parties, and in
consideration of the provisions set forth herein, the parties agree as follows:
SECTION 1. LICENSE
1. Grant of License. Owner hereby grants to Licensee a revocable, non-exclusive
license ("License") to use the License Area, subject to the terms and conditions of this Agreement.
2. No Estate Created or Conveyed. It is the express intent of the Parties that the
License granted herein does not create or convey an estate, interest, or claim in or to the Town
Property or License Area, and that the Licensee's location, construction, and use of Underground
Facilities on the Town Property does not create a license coupled with any property interest in or
claim to the License Area or Town Property.
3. No Franchise Granted or Conveyed. Nothing in this Agreement shall be deemed
to grant a franchise or other right to utilize Town Property or other Town streets and public rights -
of -way to construct a gas plant or gas system or provide gas utility services, construct an electric
system, or provide electric utility services.
4. Obtaining Required Permits. If the installation, operation, maintenance or location
of the Underground Facilities in the License Area shall require any permits, Licensee shall, if
required under applicable Town ordinances, apply for the appropriate permits and pay any standard
and customary permit fees. As a condition of obtaining any permit that involves digging or other
excavation in the public right-of-way or Town street, the Licensee shall physically identify the
horizontal and vertical locations of any other existing underground utility or other facilities in the
License Area in the proximity of the proposed work area and illustrate such locations on plan and
profile drawings also illustrating the proposed Underground Facilities.
5. Permitted Users. Licensee's affiliates, employees, contractors, agents, and
representatives ("Permitted Users") may use the License, provided that all such uses shall be within
the scope of this Agreement and as detailed in Exhibit B.
SECTION 2. USE OF LICENSE AREA
I. The License Area may be used by the Licensee for the sole and exclusive purpose
of accessing, locating, constructing, installing, operating, maintaining, repairing, removing, and
replacing the Underground Facilities. This License shall not constitute permission or authority from
the Town for Licensee to use the License Area for the purposes of operating, moving, or transporting
oversize and overweight vehicles and loads or any loads of produced hydrocarbons in connection with
any of Licensee's oil and gas activities or operations on roadways within the Town.
2. The Underground Facilities shall be installed in accordance with the plans and
specifications approved by the Town Engineer prior to beginning the installation of such Underground
Facilities, and any appropriate permits issued by the Town that involve digging or other excavation in
a public right-of-way or Town street. The Town Engineer may require modifications to such plans
and specifications prior to approval thereof or issuance of any appropriate permits. Any proposed
changes to the approved plans and specifications shall be submitted to the Town for review and
approval in writing prior to making such changes.
3. All work approved by the Town shall be completed in compliance with all codes,
ordinances, permits, rules, and regulations of the Town.
(a) General Warranty. Licensee warrants that all Underground Facilities installed by
it shall be in accordance with generally accepted professional practices and the level of competency
presently maintained by others in the same or similar type of work, and in compliance with the
Town municipal code ("Town Regulations'); (b) any plans and specifications provided by Licensee
to the Town and approved by the Town (the "Plans'); and (c) the same standards that Licensee
applies to construction of its own facilities (collectively referred to as the "Construction
Standards"). Licensee further warrants that the Underground Facilities shall be free from
obstructions and otherwise fully comply with the Construction Standards.
4. All Underground Facilities installed within the License Area shall be buried to a depth
of not less than forty-eight inches (48") from the existing ground elevation. Except for surface markers,
all facilities installed pursuant to the license granted herein shall be located entirely underground.
5. Except for the Underground Facilities specifically authorized by Owner, Licensee
shall not place, build, erect, or add any structures, pipelines, facilities, improvements or other items on,
under, over or across the License Area or Town Property.
6. Any changes, expansions or alterations in any way to the Underground Facilities
shall require additional advance approval by Owner.
7. Licensee's use of the License Area shall be subject to all existing utility easements,
if any, located on, under, or above the Town Property.
(a) Licensee agrees and understands that if Town has permitted or allowed natural gas
gathering, storage, transmission, distribution, or related facilities within the License Area, Licensee
has been fully advised by Town that such natural gas facilities may now transport and may continue
to transport natural gas at significant pressures. Licensee shall advise all employees, agents,
contractors, and other persons who enter upon the License Area the existence and nature of such
natural gas facilities and the potential danger and risk involved.
(b) Licensee agrees and understands that if Town has permitted and allowed to be
constructed electric transmission, distribution, or related facilities within the License Area,
Licensee has been fully advised by Town that such electric facilities may now transmit and may
continue to transmit electric current at significant voltages, and that the conductors on electric lines
may not be insulated. Licensee shall advise all of its employees, agents, contractors, and other
persons who enter upon the License Area of the existence and nature of such electric facilities and
the potential danger and risk involved.
8. Licensee acknowledges that the use hereunder is of the License Area in its present,
as -is condition with all faults, whether patent or latent, and without warranties or covenants, express
or implied. Licensee acknowledges that Owner shall have no obligation to repair, replace, or
improve any portion of the Town Property in order to make the License Area or Town Property
suitable for Licensee's intended uses.
9. Licensee, in the exercise of its rights and obligations under this Agreement, shall
not interfere in any manner with the existence and operation of any and all public rights of way,
sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and
telephone wires, cable television, and other communications, utility, or municipal property, without
the express written approval of the owner or owners of the affected property or properties, except
as permitted by applicable laws or this Agreement.
10. Prior to undertaking any work pursuant to this Agreement, Licensee shall take all
actions necessary to become a tier I member of the Utility Notification Center of Colorado, and
comply with and adhere to local procedures, customs and practices relating to the one call locator
service program established in C.R.S. Section 9-1.5-101, et seq., as such may be amended from
time to time.
SECTION 3. TERM AND TERMINATION
I . This initial term of this Agreement shall commence on the Effective Date and shall
extend for a term of ten (10) years commencing on the date that Licensee installs the Underground
Facilities in the License Area, unless terminated by either Party in accordance with the provisions
herein ("Initial Term'). This Agreement will automatically renew for successive (10) year terms
("Renewal Term") upon the expiration of the Initial Term and any Renewal Term unless earlier
terminated as provided herein or a written notice of non -renewal is given by either party to the other
party at least thirty calendar days prior to the expiration of the Term then in effect.
2. The Town may terminate this Agreement by delivering 30 days advance written
notice to Licensee, if Licensee removes and does not replace the Underground Facilities, abandons
its use or operation of the Underground Facilities, or otherwise abandons its use and enjoyment of
the License Area pursuant to the rights granted herein.
3. Either Party may terminate this Agreement if the other Party defaults in the
performance of any of its obligations hereunder and fails to cure such default within 30 days
following the giving of written notice by the other party ("Cure Period"), unless such Cure Period
is extended by mutual agreement of the Parties.
4. In the event of termination, Licensee shall not be entitled to receive a refund of
any portion of the consideration paid herein for the License, nor shall Licensee be compensated for
the cost of removal of Licensee's Underground Facilities from the License Area.
5. Removal Of Underground Facilities Upon Termination. Upon termination of this
Agreement, the Parties agree that Licensee shall cut, clean, and remove all Licensee's Underground
Facilities located on Town Property, unless such removal of Licensee's Underground Facilities is
waived by the Town in its sole discretion, and Licensee shall cap and structurally fill any
underground pipeline installed within the public right-of-way or Town street.
SECTION 4. RESERVATION OF RIGHTS
I. Owner reserves all other rights in and to the License Area, including the Town's
lawful exercise of its police powers and the prior and continuing right of the Town under applicable
laws to use and occupy any and all parts of the License Area exclusively or concurrently with any
other person or entity for any purposes whatsoever, including without limitation, other utilities and
utility crossings, irrigation systems, landscaping, vehicular and pedestrian access, or any other surface
or underground improvements.
2. Should the Underground Facilities, for any reason, impede, restrict or limit in any
manner whatsoever Owner's use of the License Area, Licensee shall be responsible for any incremental
cost incurred by the Town to bypass or to avoid disturbing the Underground Facilities when designing,
constructing, installing, or modifying any future improvements within the License Area.
3. Licensee's loss of use of the Underground Facilities arising out of or relating to the
Owner's use of the License Area shall not entitle Licensee to any compensation for damages or loss
from Owner, in any manner whatsoever.
SECTION 5. MAINTENANCE; RELOCATION AND DISPLACEMENT;
DAMAGE AND RESTORATION
Maintenance.
(a) Licensee agrees to take such actions, at its sole expense, as are necessary to maintain
the Underground Facilities in good and safe working condition at all times. Licensee further agrees to
comply at all times with the ordinances, resolutions, rules, and regulations of the Town in Licensee's
use and occupancy of the Town Property when performing any maintenance activities.
(b) In the exercise of its rights pursuant to this Agreement, Licensee shall avoid any
damage or interference with any Owner installations, structures, utilities, or improvements on,
under, or adjacent to the Town Property.
2. Relocation and Displacement of Equipment. Licensee understands and
acknowledges that Town may require Licensee to relocate one or more of its Underground
Facilities. Licensee shall at Town's direction relocate such Underground Facilities at Licensee's
sole cost and expense not later than one hundred and twenty (120) days after receiving written
notice that the Town reasonably determines that the relocation is needed for any of the following
purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a
Town facility or public right-of-way; (b) because the Underground Facilities are interfering with
or adversely affecting proper operation of street lights, traffic signals, governmental
communications networks or other Town property; or (c) to protect or preserve the public health or
safety. In any such case, Town shall use its best efforts (but shall not be required to incur financial
costs) to afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate
any Underground Facilities as requested by the Town within one hundred and twenty (120) days
after the above -referenced notice in accordance with the foregoing provision, Town shall be entitled
to relocate the Underground Facilities at the Licensee's sole cost and expense, without further
notice to the company. To the extent the Town has actual knowledge thereof, the Town will attempt
promptly to inform Licensee of the displacement or removal of Underground Facilities.
3. Damage and Restoration.
(a) Licensee shall be responsible for all damage to the License Area or Town Property
arising out of or resulting from the Underground Facilities, or its use of the Underground Facilities
or License granted herein. Licensee, at its sole expense, shall restore the surface of the License Area
and shall restore any improvements, landscaping, and other facilities located in the License Area to the
conditions that existed immediately prior to the commencement of any of Licensee's activities
permitted hereunder.
(b) Whenever the removal or relocation of Underground Facilities is required or
permitted under this Agreement, and such removal or relocation shall cause the License Area to be
damaged, Licensee, at its sole cost and expense, and within thirty (30) days after such damage
occurs, repair the damage and return the License Area in which the Underground Facilities are
located to a safe and satisfactory condition in accordance with applicable laws. If Licensee does
not repair the damage and License Area as just described, then the Town shall have the option,
upon fifteen (15) days' prior written notice to Licensee, to perform or cause to be performed such
reasonable and necessary work on behalf of Licensee and to charge Licensee for the proposed costs
to be incurred or the actual costs incurred by the Town at Town's standard rates. Upon the receipt
of a demand for payment by the Town, Licensee shall promptly reimburse the Town for such costs.
In the case of fire, disaster or other emergency, the Town may remove or disconnect Licensee's
Underground Facilities located in the License Area or on any other property of the Town. The
Town shall provide reasonable notice to Licensee prior to taking such action and shall provide
Licensee with the opportunity to perform such action within twenty-four (24) hours unless, in the
Town's reasonable discretion, the imminent threat to public health safety or welfare makes such
notice impractical.
SECTION 6. INSURANCE
Coverd¢es. Licensee shall procure and maintain or self -insure, at its own cost, a
policy or policies of insurance sufficient to insure against, claims, demands, and other obligations
assumed by Licensee pursuant to this Agreement. All of Licensee's contractors shall be insured
pursuant to their master service contracts with Licensee. Such coverages shall include:
(a) Workers Compensation insurance as required by law.
(b) Commercial General Liability insurance with minimum combined single limits of
$2,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate
including premises and operations, personal and advertising injury, blanket contractual liability,
and products and completed operations. The policy shall contain a severability of interests
provision, and shall include the Town and the Town's officers, employees and contractors as
additional insureds to the extent of the liabilities assumed by Licensee herein.
(c) Excess or Umbrella Liability insurance, on an occurrence basis, in excess of the
Commercial General Liability insurance, with coverage as broad as such policy, with a limit of
$2,000,000.
2. Form. Such insurance shall be in addition to any other insurance requirements
imposed by law. In the case of any claims -made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage. Any
insurance carried by the Town, its officers, its employees or its contractors shall be excess and not
contributory insurance to that provided by Licensee. Licensee shall he solely responsible for any
deductible losses under any policy.
3. Certificate. Licensee shall provide to Owner a certificate of insurance or self-
insurance letter as evidence that the required coverages are in full force and effect. The
certificate or letter shall identify this Agreement.
SECTION 7. NOTICES
Any notice required or permitted under this Agreement shall be in writing and shall be
sufficient if personally delivered or mailed by certified mail, return receipt requested, addressed to
the following: (i) if to the Town, Attn: Town Manager, Town of Firestone, P.O. Box 100, Firestone,
CO 80520; and (ii) if to the Licensee, Attn: Bill Gonzalez. Notices mailed in accordance with the
provisions of this Paragraph shall be deemed to have been given upon mailing. Notices personally
delivered shall have been deemed to have been given upon delivery. Either party may change its
address by giving notice thereof to the other party in the manner provided in this Section 7.
SECTION 8. MISCELLANEOUS
I. Record Drawings. On or before the 601 day following Licensee's completion of
construction of Underground Facilities, Licensee shall provide Owner detailed digital record
drawings of such Underground Facilities for review and acceptance in conformance with the
Town's Design Criteria. Record Drawings shall show the location of the Underground Facilities
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 License Area, as well as any valves,
fittings, or other appurtenances on the gas pipeline and within the License Area.
2. Monumentation and Marking. Licensee shall place and maintain permanent,
above -grade monumentation and marking at all locations where the Underground Facilities enter
upon the boundaries of the License Area, at changes of direction, and enter upon the boundaries of
road right-of-way, as approved by the Town Engineer. Markers shall include phone numbers to call
for line locates and 24-hour emergency repair. Licensee shall install tracer wire no more than 18" above
and along the entire length of the Underground Facilities.
3. Assignment. Licensee may not assign or transfer this Agreement or any of the
rights or privileges therein granted, without the prior, express written consent of the Town, which
consent shall not be unreasonably withheld, conditioned, or delayed; except that such consent shall
not be required for sales, transfers, leases, assignments, subleases or disposals to any parent,
subsidiary, affiliate or any person, firm or corporation that shall control, or be under common
control, with Licensee. Such consent, if granted by the Town, shall be conditioned upon such
assignee's assumption, in writing in a form acceptable to Town, of all of Licensee's obligations set
forth herein.
4. Waiver Of Claims Against Owner. Licensee hereby waives any and all claims
which Licensee may or might hereafter have or acquire against Owner for loss or damage to the
Licensee's improvements or any loss or degradation of any utility services Licensee may provide
arising from the use by Owner, or the public, of the Town's Property for any purpose, except to the
extent such claims are caused by the negligence of the Owner, its officers, its employees, or its
subcontractors.
5. Indemnification. Licensee agrees to indemnify, defend and hold harmless Owner,
its officers, employees, and insurers from and against all liability, claims, and demands, on account
of injury, loss, or damage, including without limitation claims arising from bodily injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out
of or are in any manner connected with: (i) the existence of the Underground Facilities; or (ii) the
use, maintenance or repair of the Underground Facilities and the use of the License Area pursuant
to this Agreement, but only to the extent such claim, damage, loss, liability or expense is caused or
alleged to he caused, in whole or in part, by any negligent, reckless, or intentional act or omission
of Licensee or anyone directly employed by Licensee or anyone for whose acts Licensee may be
liable. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend
against any such liability, claims or demands at its sole expense.
6. Mechanics' Liens. Licensee shall not allow any mechanics' or similar liens to he
filed against the Town's Property arising from any work done by Licensee on the Town's Property,
and Licensee shall indemnify and hold Town harmless with respect thereto, including any attorneys
fees incurred by Owner in connection with any such lien or claim. If any mechanics' or other liens
shall be created or filed against the Town's Property by reason of labor performed by, or materials
furnished for, the Licensee, the Licensee shall, within 30 days thereafter, at the Licensee's own cost
and expense, cause such lien or liens to be satisfied and discharged of record together with any
Notices Of Intention To File Mechanic's Lien that may have been filed.
7. Attorneys Fees. If any action is brought in a court of law by either party to this
Agreement concerning the enforcement, interpretation or construction of this Agreement, the
prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well
as costs, including expert witness's fees, incurred in the prosecution or defense of such action.
8. Waiver. The failure of either party to exercise any of its rights under this
Agreement shall not be a waiver of those rights. A party waives only those rights specified in
writing and signed by the party waiving its rights.
9. Governmental Immunity. The parties hereto understand and agree that Town is
relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S., as from time to time amended, or any other law
or limitations otherwise available to Town, its officers, or its employees.
10. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties hereto and supersedes any prior agreement or understanding
relating to the subject matter of this Agreement. Any such prior agreement shall be deemed to be
null and void and of no further effect.
IL Modification. This Agreement may not be amended except in writing by mutual
agreement of the parties, nor may rights be waived except by an instrument in writing signed by
the party charged with such waiver.
12. Paragraph Headings. Paragraph headings are inserted for convenience only and in
no way limit or define the interpretation to be placed upon this Agreement.
13. Governing Law: Jurisdiction. This Agreement shall be governed and construed
by and in accordance with the laws of the State of Colorado, without reference to its conflicts of
law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such
action shall be vested exclusively in the state courts of Colorado, County of Weld.
(Signatures and acknowledgments on following page/
The Parties have executed this REVOCABLE LICENSE AGREEMENT to be effective
on the Effective Date.
OWNER:
TOWN OF FIRESTONE
By:�
Don Co ac, 4tyor
ATTEST:
By:
MIJULuna Gonzalez, Town Clerk
MIRIAM EDIT LUNA GONZALEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20204004502
MY COMMISSION EXPIRES JANUARY 31, 2028
Q
�¢ fo al VC)CPA bQ (A�-��
;= Wr.,:t, -,ubSc 1bed aid
S W01(f\ to IpL� rv%-�- ort NW • 13 t 102�,
LICENSEE: z-T9
KERR-MCGEE OIL & GAS ONSHORE LP
By..
Na e: Guil mo Gonzalez. III
Title: Attorney -in -Fact
STATE OF COLORADO )
ss.
CITY AND COUNTY OF )
'- TOR'N
Ist4
The forgoing REVOCABLE LICENSE AGREEMENT was subscribed and sworn to
before me on &yee lw 5 , 2024, by e-, lle, _ C�2,,1 . m in his capacity as A
m-F.r1- of Kerr-McGee Oil & Gas Onshore LP, on behalf of such Delaware limit
partnership.
(Seal)
ANTHONY RADER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224024053
MY COMMISSION EXPIRES JUNE 21, 2026
Notar ublic
Address lull /d'' >J: 6.u1 �a
My Commission expires: j, e '24 ?l/z6
EXHIBIT "A"
(Legal Description)
LINE
BEARING I
DISTANCE I Tl
D
S00'00'00"E
60.00'
IS
N 89.42'39' W
/0.00' E%ISTING 50' WIOE
L3 I
N OO.00'0W W I
6o.m. I PIPELINE EASEMENT
L4 1
S89.42'3WF 1
40.00' 1 RECEPTION NO. 17SIS39
OWNER FOOT AGES
OWNER
AREA
welo co"rm .rN°sa rT.
...cm
I
EXISTING 4o'WIDE
TEMPORARY ACCESS EASEMENT —�1
RECEPTION NO.4629002 & 4657066
EXISTING 50' MOE PIPELINE EASEMENT I I
RECEPTION NO.4629002 8 46S70661I
EXISTING IO' MOE
I
ELECTRIC TRANSMISSION
EASEMENT
RECEPTION NO. 1711806
I
I
SE. COS.
60' WELD COUNTY ROAD 18 I
SEC. 20, T2N, R67W
S.1/4 COE
RIGHT OF WAY
I
I
FOUND 21/2' ALUM. CAP
SEC. 20, 72N, RWW
BOOK 08, PAGE 59
P.LS. NO. 24305
FOUND 31/4'BLM
P.O.B. I
I
(SURVEY TIE TO P.O.B.
BMiS CAP
._ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _
1__
_ _ L{ —
_
N76.35'19'WT)2.—
__________________
---_--_._.--------------
_ —
__ _ __ L3
LI
— _
— -
WCR18
- — _
I S. LINE SEI/4 SECTION 20, T2N, R67W
N 89.42'39' W 2629.19' s
I
PROPOSED w' WIDE
I'
j_--__
COUNTY ROAD IS
CROSSING AREA
EXISTING SO' WIDE
PIPELINE EASEMENT
RECEPTION NO.4274047
x
I ^
60' WELD COUNTY ROAD 17
RIGHTOFWAY—
BOOK 658, PAGE 84
I
I I
I
I
I
I
CERTIFICATE OF SURVEYOR:
i
NOTFS:
LEGEND
♦ w°iuru MW°werwx e°wea
EXISTING PIPELINE
r.aR Mwtonrr�xwc.
- EXISTING OVERHEAD POWER
r.vx raM ar sowrunm.
EXISTING BURIED POWER
` •`s's°r'u""cIXwmsnwca°rn°cowxwn
EXISTING WATERLINE
srsrW °rnaxwazoxs.
EXISTING FENCE
• ws mnmwN rmxm n:
------ EXISTING ROAD
rwxvxucruxw,ns xo. usn
—•-- PROPERTY LINE
,oxxx°Oxuxwaurcaavnxc uc
wnsmtw.Nx W snumw, wr uui. u
uu®.swevwro wrm. me xNnwaxvwrruam.
EXHIBIT "A" II
ROAD IS CROSSING EXHIBIT
PART OF SEI/4 SEI/4, SECTION 20 IS
PART OF NE1/4 NEI/4, SECTION 29
T2N, R67W, 6TH P.M.
WELD COUNTY, COLORADO
KePF-1 cC"01&
Gas OfWim LP
1099 18th Street
Denver, Colorado 80202
o.�vno roue ucrm esmn. wcvuw x°w ae
nova un oxxa a sxnox re. nx, raw.
). M°00[YMFM°NOfllrxusWNY MIW
urnuwWrwmrrur. nXxW sou max uNX
rW rxe urusXx«Xrta Nn uxo nvx°.or.
ruwm, rrxv xWox+c, W osxv rvwu
wnnw.M sav
l ONr.EYMIr IxiOMUnOx f4[x NONNMfOYwT
r W nrM1 IMI.LL.4V 11.9 V A`IXM nN 4GCX MY AOr
na I®OlYon W MOv1O,D t0 M (DN{VLnx4 uc
r. oxsauvmesxxR Muwxnwxu Nvs
vmWwx v°NrwurwxvsNvru mw
rasnoM n Nmwx wr xosuxcaun°rmsnm.
°mnvvme wrvm.wx usr° Nrmns°uss°n
CONSULTING, LLC
ss�Rmw�uomce s�s0�s �oETIc�
rw. �ou,reer n... nsnwn
LINE I BEARING I DISTANCE I1
Lt N 00.00'SP E 40.0(P
L2 N 89.59'S5x E 1 140.00'
❑ 500.00'5PE 1 40.00'
1
L4 S arswS5" W I 140.00' I
1
OWNER'S FOOTAGES
OWNER ARFA-
1'�
WELD r. r PU ACW
I
Im~
140' FUTURE WELD COUNTY
T
ROAD 19 X
TI WAY I
I-
Igm
YRIGHTFUN
PERWELDCOUNTYFUNCTNAL I iI
I
CLASSIFICATION MAP I I I
I
e W
zz
PROPOSED 40` WIDE
COUNTY ROAD 19 CROSSING i I
I 1
i L_2
Li
P.O.B.
/ T
_
E U
EXISTING 50' WIDE
PIPELINE EASEMENT
RECEPTION NO.4030727
/
I
/
60' WELD COUNTY ROAD 19
RIGHT OF WAY
BOOK 6PA5H, PAGE 28 I
,
NE. COI.
SEC. 21, T2N, R67W
UND 21/2" ALUM. CAP
P.L3. NO. %41
1^ /
�I I
'I I
II
II \ \
l3 I
II I
Ij
II
II I
I
III
II I
I
I
�I I
1 I
1
' I
1
1 I
E.1/4 COR.
1 SEC. 21, TZN, R67W
j FOUND 21/2' ALUM. CAP
1 P.L.S. NO. 24305
(SURVEY TIE TO P.O.B.
1 N 08'17'18' W 484.72')
EXISTING PIPELINE
EXISTING OVERHEAD POWER
EXISTING BURIED POWER
EXISTING WATERLINE
EXISTING FENCE
------ EXISTING ROAD
-•—••-^- EXISTING DITCH
PROPERTY LINE
¢snit mnr m[ rnxeu
n NOTFS OTA gMi15MAq �
rwNNILON YT L[.1
ro mr err
TKAffW f 'IMN I
VfMMr fY 1 iWfO Bf Q
ANp CAN )TBF UWA'IU VE
"r HSt7
EXHIBIT "A"
COUNTY ROAD 19 CROSSING
PART OF SWI14 NWt/4, SECFION 22 &
PART OF SEI/4 NEI/4, SECTION 21
T2N, R67W, 6TH P.M.
WELD COUNTY, COLORADO
MOTH:
♦ I xD Naax(aaa
I.O.e gWtq.I4Wax4
A I.O.r F..lrlx4MtM.
, IY®Ipx(OtOLNOCDD.DIWR
w a�Wmx«n1 Ewl.
1. 1NrFLxn Wp RI,aY Er
uxwu.. narx, n, w,. n
rmAxoaxaH,u w eW (wullwc, u(
ns sNEArw Axxm.+xn�DAx, m ax,. umes
x cxn, swn .wD wr®. rxe n, rEawnur mlm.
a usw.uDl®Dn.wa+.Wl cuD.ua wsrvrin.
<ONIxED+Gr! l.1ROL.>nlld CY<VIARD nPv M!
r. MuwuW (wxn w+e,roe n.nN, uTw.
e00(rlYntl Wr\4ND41M1Nr MrM
IIMOnM(nr SUM, MI. R IlxOttON WI0 VIl'
1
IW' MI.wmO �O'M1(ONLlIxIn4YC.
. ;�,Rax;Dr�nrl,xtl.wtl(xnnlaxx.x
lnuwmnwvtlnlwu,a mwxa m
xoANonAs
SGIE: I'.100'
mxlu lrrowx wr morel AccuuR w<oM(Ex.
own u nms xr om,xD,n ,D a rnn leu,lD a
Kerr-McGee Oil &
Gas OnsF LP
1099 18th Street
Denver, Colorado 80202
CONSULTING, LLC
sl¢EmANama sxnva.sxPlwx:e
W.w. Wx.r uaol +�..Ir(„Wr ms
EXHIBIT "B"
Equipment Description
One HDPE pipeline up to twelve (12) inches in diameter
Two (2) HDPE lined composite pipes up to twelve (12) inches in dia
4994531 11/14/2024 01.55 PM
Total Pages: 7 Rec Fee: $43.00
Carly Koppes - Clerk and Recorder, Weld County, CO
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this S-! day of "ember , 2024, by and between
Anadarko E&P Onshore LLC, a Delaware limited liability company, whose address is 1099 18"' St., Suite
700, Denver, Colorado 80202 (hereinafter "the Grantor"), and the TOWN OF FIRESTONE, a Colorado
municipal corporation, whose mailing address, for purposes of this Special Warranty Deed, is 9950 Park
Avenue, Firestone, Colorado 80504 (hereinafter "the Grantee").
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, to the Grantor in hand paid by the Grantee, the receipt and adequacy of which are
hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does
hereby grant, bargain, sell, convey and confirm unto the Grantee and Grantee's successors and assigns forever,
those certain parcels of real property, together with all improvements, if any, situate, lying, and being in the
County of Weld, State of Colorado, more particularly described on Exhibit E-1, attached hereto, consisting of
one (1) page, and incorporated herein by this reference, which real property shall be hereinafter referred to as
"the Property".
TOGETHER with all and singularly the hereditaments and appurtenances thereto belonging, or in
any way appertaining, but specifically excluding any fixtures used for or associated with oil and natural gas
development, if any.
TOGETHER with the reversion and reversions, remainder and remainders, rents, issues, and profits
thereof, and all estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity,
of, in or to the Property, with the hereditaments and appurtenances.
RESERVING UNTO GRANTOR, its successors and assigns any and all interests or ownership
of GRANTOR in or to any and all minerals in place or under the entirety of the Property conveyed,
including all coal, oil, gas, and other hydrocarbons, and all clay and other valuable minerals in and under
the Property conveyed, except that GRANTOR waives all surface ingress and egress rights in and to the
Property for the purposes of exploring, developing, mining or drilling for the same; GRANTOR shall have
no right to explore for, drill, extract, produce, mine, or otherwise carry on development of any of the
products on or from the surface of the Property by any means other than pooling and unitization of the
mineral estate owned by GRANTOR with other land or by directional or horizontal drilling under dle
Property from wells that are drilled on land other than the Property; it being intended, however, that nothing
in this reservation shall affect the title and the rights of the Grantee.
TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto
the Grantee and its successors and assigns forever. And the Grantor, for itself and its successors and assigns,
does sell and convey to Grantee and its successors and assigns the Property, and warrants title to the same
against all and every person or persons claiming the whole or any part thereof, by, through or under
GRANTOR, subject to the lien for general taxes for the calendar year in which the conveyance is made,
which shall be adjusted and prorated to the date of the Closing, and those items set forth in Exhibit E-2
attached hereto and incorporated herein by reference and all statutory exceptions.
IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed the day and year
first above written.
4994531 11/14/2024 01.55 PM
Page 2 of 7
GRANTOR: "A
Anadarko E P Onshore LLC
By:
Name: z,^A� _ .ice
Title: Attorney -in -Fact
STATE OF COLORADO )
) ss
COUNTY OF Denver )
The foregoing instrument was acknowledged before me this S r7 day of 12ov mb,- ,- , 2024, by
G,« / ,-cre E. G. ,&, 7r, aS _/�7�prn. a —in ' rao%" of Anadarko E&P Onshore LLC, a Delaware
limited liability company.
Witness my hand and official seal.
ANTHONY f2ADER
(Ncj;�-P t lic Official Signature) NOTARY PUBLIC
STATE OF COLORADO
1 NOTARY ID 20224024053
MY COMMISSION EXPIRES JUNE 21, 2026
(Title of @ffice)
clm,e- 2 /, 202C
(Commission Expiration)
4994531 11/14/2024 01.55 PM
Page 3 of 7
ACCEPTED BY GRANTEE:
A EST:
tkleo
DepTown Clerk
TOWN OF FIRESTONE, a Colorado statutory municipality
(the Grantee)
By:
....
A;T,D
iO'� I�
1/ /'L 1i'
4994531 11/14/2024 01.55 PM
Page 4 of 7
EXHIBIT E-1
The Property
Township 2 North, Range 67 West of the 011 P.M.
Section 30: Tract 1, THE OVERLOOK AT FIRESTONE, REPLAT "A", except that portion
conveyed by Deed recorded May 27, 1998, under Reception NO.2615486, Town of Firestone,
County of Weld, State of Colorado.
4994531 11/14/2024 01.55 PM
Page 5 of 7
EXHIBIT E-2
[Exception Nos. 7-36 from Schedule B, Part II of Title Commitment]
7) RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS
FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
8) RIGHT OF WAY EASEMENT AS GRANTED TO SINCLAIR PIPE LINE CO IN
INSTRUMENT RECORDED JUNE 07, 1963, IN BOOK 1649 AT PAGE 84 AND AMENDMENT
RECORDED APRIL 7, 2006 AT RECEPTION NO.3377526.
9) OIL AND GAS LEASE RECORDED APRIL 03,1970 UNDER RECEPTION NO. 1544892 IN
BOOK 623 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF
PRODUCTION WAS RECORDED MARCH 18,1971 UNDER RECEPTION NO. 1578841 IN
BOOK 657.
10) RIGHT OF WAY EASEMENT AS GRANTED TO CENTRAL WELD COUNTY WATER
DISTRICT IN INSTRUMENT RECORDED MARCH 2O,1974, UNDER RECEPTION NO.
1632344 IN BOOK 710.
11) RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN
INSTRUMENT RECORDED JUNE 16, 1976, UNDER RECEPTION NO. 1691207 IN BOOK 769.
12) RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO
IN INSTRUMENT RECORDED SEPTEMBER 20, 1976, UNDER RECEPTION NO.1699366 IN
BOOK 777.
13) RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL PIPE LINE CO IN
INSTRUMENT RECORDED OCTOBER 12, 1976, UNDER RECEPTION NO. 1701003 IN BOOK
779 AND RECORDED DECEMBER 1, 1976 AT RECEPTION NO. 1704793 IN BOOK 783.
14) MINERAL RESERVATIONS AND INTERESTS AS SET FORTH IN DEED RECORDED
JULY 31, 1958 IN BOOK 1456 AT PAGE 536.
15) UNDIVIDED 90 INTEREST IN ALL OIL, GAS AND OTHER MINERALS LYING IN, ON
OR UNDER SUBJECT PROPERTY AND RESERVATION OF EASEMENT AS CONVEYED IN
INSTRUMENT RECORDED MARCH 03, 19601N BOOK 1552 AT PAGE 264.
16) RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN
INSTRUMENT RECORDED JUNE 16, 1976, UNDER RECEPTION NO. 1691200 IN BOOK 769.
17) RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN
INSTRUMENT RECORDED SEPTEM-BER 01, 1976, UNDER RECEPTION NO. 1697790 IN
BOOK 776.
18) RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL PIPE LINE CO IN
INSTRUMENT RECORDED SEPTEMBER 03, 1976, UNDER RECEPTION NO. 1698045 IN
BOOK 776.
4994531 11/14/2024 01.55 PM
Page 6 of 7
19) RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO
IN INSTRUMENT RECORDED APRIL 25, 1978, UNDER RECEPTION NO,1751456 IN BOOK
829.
20) RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN
INSTRUMENT RECORDED OCTOBER 13, 1978, UNDER RECEPTION NO.1769650 IN BOOK
848.
21) RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPELINE CO
IN INSTRUMENT RECORDED JANUARY 26, 1984, UNDER RECEPTION NO.1954198 IN
BOOK 1019.
22) RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL PIPE LINE CO IN
INSTRUMENT RECORDED JANUARY 13,1986, UNDER RECEPTION NO.2038946 IN BOOK
1099.
23) ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN
INSTRUMENT RECORDED FEBRUARY 17, 1989, UNDER RECEPTION NO.2171145 IN
BOOK 1224, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
24) TERMS, CONDITIONS AND PROVISIONS OF ANNEXATION AGREEMENT RECORDED
JULY 21, 1997 AT RECEPTION NO.2558854 AND AMENDED OCTOBER 4, 2004 AT
RECEPTION NO.3224411.
25) TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED JANUARY 27, 2000
AT RECEPTION NO.2746643.
26) RIGHT OF WAY EASEMENT AS GRANTED TO HS RESOURCES INC IN INSTRUMENT
RECORDED JUNE 11, 2001, UNDER RECEPTION NO, 2856501.
27) TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION
RECORDED JULY 02, 2002 AT RECEPTION NO.2966063.
28) TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT
RECORDED JANUARY 02, 2003 AT RECEPTION NO.3020296.
29) MATTERS AS SET FORTH ON SURVEY RECORDED OCTOBER 10, 2003 AT
RECEPTION NO.3116133
30) ALL OIL, GAS AND OTHER MINERALS LYING IN, ON OR UNDER SUBJECT
PROPERTY AS CONVEYED IN INSTRUMENT RECORDED JULY 26, 2005 UNDER
RECEPTION NO.3306235.
31) TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION
RECORDED APRIL 21, 2006 AT RECEPTION NO.3381135.
32) `PERMS, CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMENT
RECORDED OCTOBER 03, 2006 AT RECEPTION NO, 3424279.
33) TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR NOTIFICATION
4994531 11/14/2024 01.55 PM
Page 7 of 7
RECORDED DECEMBER 21, 2007 AT RECEPTION NO.3525268.
34) TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED DECEMBER 27, 2007
AT RECEPTION NO.3526088.
35) RIGHT OF WAY EASEMENT AS GRANTED TO KER-MCGEE GATHERING LLC IN
INSTRUMENT RECORDED FEBRUARY 23, 2015, UNDER RECEPTION NO.4084912.
NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING
UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER.
THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF
UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY:
(A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1,1981 IN BOOK
949 AT RECEPTION NO. 1870705.
(B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9,1983 IN BOOK 990 AT
RECEPTION NO. 1919757.
(C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 IN BOOK 1037 AT
RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 IN BOOK 1045 AT
RECEPTION NO.1983584 AND RECORDED MARCH 3, 1988 IN BOOK 1187 AT RECEPTION
NO.2132709 AND RECORDED APRIL 10,1989 IN BOOK 1229 AT RECEPTION NO.2175917.
(D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 IN
BOOK 949 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 IN BOOK 1117 AT
RECEPTION NO.2058722.
(E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 IN BOOK
1041 AT RECEPTION NO. 1979784.
(F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 IN
BOOK 949 AT RECEPTION NO. 1871004.
(G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 IN BOOK 1063 AT
RECEPTION NO.2004300.
(H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9,1981 IN
BOOK 952 AT RECEPTION NO. 1874084.
(I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION
NO.2164975.
(J) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO.2239296.
36) RESERVATIONS AS CONTAINED IN SPECIAL WARRANTY DEED RECORDED JUNE
23, 2015, UNDER RECEPTION NO.4118135.
4994532 11/14/2024 02.00 PM
Total Pages: 3 Rec Fee: $23.00
Carly Koppes - Clerk and Recorder, Weld County, CO
SUBSURFACE EASEMENT AGREEMENT
This SUBSURFACE EASEMENT AGREEMENT (this "Agreement") dated and effective e,r
_;_ , 2024 (the "Effective Date") is from Town of Firestone, a Colorado municipal corporation
("Scnface Owner"), having an address of 9950 Park Avenue, Firestone, Colorado 80520, to Kerr-McGee
Oil & Gas Onshore LP, a Delaware limited partnership ("Grantee"), having an address of 1099 18"' Street,
Suite 700, Denver, Colorado 80202 and its successors and assigns.
RECITALS
A. Surface Owner owns all of the right, title and interest in and to the surface estate described
as follows:
Township 2 North, Range 67 West of the 6`' P.M., Weld County, Colorado
Section 20: Lot 2 and Lot 3 of Minor Plat Advance Forming Technology recorded at Reception
No. 2805045 on November 6, 2000 in the Clerk and Recorders Office of Weld County (the
"Property")
B. Surface Owner intends by this Agreement to grant Grantee a perpetual subsurface easement
to drill through the Property as provided herein.
NOW THEREFORE, in consideration of the mutual promises contained herein, and ONE
HUNDRED AND NO/ 100 DOLLARS ($100.00) good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
Grant of Subsurface Easement
Surface Owner hereby grants and conveys to Grantee, its successors and assigns an exclusive
perpetual subsurface easement under and through the Property for the purposes of Grantee drilling non -
producing portions of the wellbores ("Wellbores") through the Property a minimum depth of 3,500 feet
below the surface of the ground, in addition to Grantee flowing oil, gas, and other hydrocarbons through
Wellbores from portions of Wellbores completed and produced off the Property and not pooled therewith.
Except for the area used and occupied by the Wellbores on the Property, Grantee shall have no other right
to use or occupy the subsurface pore space on the Property.
Assignment
Upon written consent of the other party, which shall not be unreasonably conditioned, delayed, or
denied, the rights granted herein may be assigned in whole or in part, and the terms, conditions, and
provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the
successors and assigns of Surface Owner and Grantee.
Recording
Grantee may record this Agreement or a Memorandum of this Agreement with the Clerk and
Recorder of the County in which the Property is located.
4994532 11/14/2024 02.00 PM
Page 2 of 3
Counterparts
This Agreement may be executed in counterparts each of which shall be considered one and the
same agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day first written
above.
Surface Owner:
Town of Firestone,
A Colorado unicipal corporation
By:
Na e: r
Tit OL-L
6Ty2
Grantee:
Kerr-McGee Oil & Gas Onshore LP
a Delaware limited partnership
By.
Na e: _.
Title:��������
(Acknowledgements page follows.
4994532 11/14/2024 02.00 PM
Page 3 of 3
ACKNOWLEDGMENTS
STATE OF Colorado
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of IVCA
V
2024, by , as , of Town of Firestone, a Colorado
municipal c poration.
Witness my hand and official seal.
MIRIAM EDIT LUNA GONZALEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20204004502
`RY COMMISSION EXPIRES JANUARY 31, 2028
STATE OF
ss.
COUNTY OF
Notary
My Commission Expires:: n
The foregoing instrument was acknowledged before me this �� �' day ofy-
2024, by as k/-,,-��� �` Kerr-McGee Oil & Gas Onshore LP, a
Delaware limited partnership.
Witness my hand and official seal.
ANTHONY RADER Notary Wblic
NOTARY PUBLIC My Commission Expires:
STATE OF COLORADO
NOTARY ID 20224024053
MY COMMISSION EXPIRES JUNE 21, 2026