HomeMy WebLinkAbout 19-48 Kerr Mc-Gee Encroachment Lic Agrmnt w-ExhibitsRESOLUTION NO. 19-46
A RESOLUTION OF THE BOARD OF TRUSTEES APPROVING THE
ENCROACHMENT LICENSE AGREEMENT WITH KERR-MCGEE
GATHERING LLC AND AUTHORIZING THE MAYOR TO SIGN THE
ENCROACHMENT LICENSE AGREEMENT.
WHEREAS, on September 25, 2006, Foundation Energy Management, LLC, and EnCana
Oil &Gas (USA) Inc, entered into a Compatible Development and Surface Use Agreement with
the Town of Firestone and the Firestone Finance Authority and such agreement was recorded in
the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 3427732 on
October 16, 2006; and
WHEREAS, Crestone Peale, Resources Holdings LLC is the successor -in -interest to the
mineral operating worldrig interests of Foundation Energy Management, LLC and EnCana Oil & Gas
(USA) Inc. in the Property and under the Compatible Development and Surface Use Agreements and
WHEREAS, on December 12, 2018, Crestone Peak Resources Holdings LLC entered into
the First Amendment to Compatible Development and Surface Use Agreement with the Town of
Firestone and the Firestone Finance Authority; and
WHEREAS, on February 27, 2019, the Town of Firestone Board of Trustees approved a
Special Use Permit for Crestone Peale, Resources for oil and gas wells for the property; and
WHEREAS, an underground gas gathering pipeline and appurtenant underground facilities
are necessary for the conveyance of natural gas fiom the oil and gas wells; and
WHEREAS, the Town of Firestone desires to provide a 30' wide license area and right-of-
way crossing at Pine Cone Avenue to Kerr McGee Gathering LLC to accommodate such facilities;
and
WHEREAS, the Board of Trustees of the Town of Firestone considered the acceptance of the
Encroachment License Agreement, attached hereto as Exhibit A, on June 12, 2019; and
WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best interest
of the Town and its citizens to accept the Encroachment License Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees of the Town of Firestone hereby approves the
Encroachment License Agreement, attached hereto as Exhibit A, with Kerr McGee Gathering LLC
and authorizes the Mayor to sign and bind the Town to the Agreement.
INTRODUCED, READ AND ADOPTED this 12th day of June, 2019.
ATTEST:
Leah Vanarsdall, Town Clerk
2
Exhibit A
Encroachment License Agreement
ENCROACHMENT LICENSE AGREEMENT
(Town of Firestone)
This ENCROACHMENT LICENSE AGREEMENT ("Agreement") dated to be effective on [®]
("Effective Date") is between the Town of Firestone, a Colorado municipal corporation, the Firestone Finance
Authority, a corporate body politic of the State of Colorado, (individually, the "Town" and "FFA," respectively,
and collectively, "Owner"), and Kerr-McGee Gathering LLC, a Colorado limited liability company ("Licensee").
Town and Licensee maybe referred to in the singular sense as a "Party" or in the collective sense as the "Parties."
Recitals
The Town and FFA are the owners of real property located in the Town of Firestone in Weld County,
Colorado (collectively, "Town Property").
Licensee proposes to construct,. own and operate a single 8" underground gas gathering pipeline and
appurtenant underground facilities ("Underground Facilities") 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 encroachment upon and use
of the Town Property pursuant to the terms and conditions set forth herein.
` Agreement
For good and valuable consideration given and aclrnowledged by the Parties, and in consideration of the
provisions set forth herein, the parties agree as follows:
1. Grant of License. Owner hereby grants to Licensee a personal privilege, in the form of a revocable,
non-exclusive license ("License"), subject to the terms and conditions as set forth herein, to use the License Area.
2. Use of Town Property.
(a) 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.
(b) The Underground Facilities shall be installed in accordance wish the plans and specifications approved by
the Town Engineer prior to beginning the installation of such Underground Facilities. The Town Engineer may require
modifications to such plans and specifications prior to approval thereof. Any proposed changes to the approved plans
and specifications shall be submitted to the Town for review and approval in writing prior to malting such changes.
(c) All work approved by the Town shall be completed in compliance with all codes, ordinances, rules,
and regulations of the Town.
(d) All Underground Facilities installed within the License Area shall be buried to a depth of not less than sixty
inches (60") from the existing ground elevation. Except for surface markers, all facilities installed pursuant to the
license granted herein shall be located entirely underground.
(e) Except for the Underground Facilities specifically authorized by Owner, Licensee shall not place, build,
erect, or add any sfizct�ues, pipelines, facilities, improvements or other items on, under, over or across the License Area
or Town Property.
(f) Any changes, expansions or alterations in any way to the Underground Facilities shall require additional
advance approval by Owner.
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(g) 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.'
(h) 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.
3. Term and Termination.
(a) This Agreement shall commence on the Effective Date, and ection 3(b). shall continue until terminated pursuant to
S
(b) 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.
(c) 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.
(d) In the event'of termination, Licensee shall not be entitled to receive a refired of any portion of the
consideration paid herein for the License, nor shall Licensee be compensated for the cost of removal of Licensee's
improvements from the Town Property,
4. Consideration. Licensee shall remit payment of consideration of TWENTY-ONE THOUSAND,
FIFTY DOLLARS AND NO/100 ($21,050.00) to the Town concurrently with the execution and delivery of this
Agreement.
5. 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 claiin 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.
6. Reservation of Rights.
(a) Owner reserves all other rights in and to the License Area, including the right to use and occupy the License
Area for any pun7�ose whatsoever, inchding without limitation, other utilities and utility crossings, irrigation systems,
landscaping, vehicular and pedestrian access, or any other surface or underground improvements. Notwithstanding,
any underground facilities, other than fiber optic, conduit, tracer wire and other accessories and component equipment
("Town Fiber Optic Infrastructure"), installed within the License Area shall maintain vertical separation of two feet and
horizontal separation of ten feet from Licensee's Underground Facilities. With respect to any Town Fiber Optic
Infrastructure installed within the License Area, the Town shall maintain vertical separation and horizontal separation
from Licensee's Underground Facilities as described and depicted in more detail in Exhibit A.
(b) 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 incnred by the Town or FFA
to bypass or to avoid disturbing the Underground Facilities when designing, constructing, installing, or modifying any
fiiture improvements within the License Area.
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(c) 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.
7. Record Drawings. On or before the 60`'' day following Licensee's completion of constriction 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 momunent. 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.
8. Momm�entation and Markin. 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.
9. Permitted Users. Licensee's affiliates, employees, business invitees, contractors, tenants, contractors,
lessees, agents, customers and others ("Penvitted Users") inay use the License, provided that all such uses shall be
within the scope of this Agreement.
10. 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.
(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, umder, or adjacent to the Town Property.
11. Damage and Restoration. Licensee shall be responsible for all damage to the License Area or Town
Property, including damage to any root structuures of trees within the grove north of Pine Cone Avenue, 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.
12. Assi�mment. Licensee may not assign or transfer this Agreement, except upon the express written
authorization of the Town, which authorization shall not be unreasonably withheld, conditioned, or delayed. 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.
13. Removal Of Encroachment 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 Licensed shall
cap and structurally fill any underground pipeline installed within the road right -of --way.
14. Insurance.
(a) Coverages. Licensee shall procuu'e 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
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Agreement. All of Licensee's contractors shall be insured pursuant to their master service contracts with Licensee.
Such coverages shall include:
(i) Worker's Compensation insuuance as required by law.
(ii) 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 injuuy, 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 instueds to the extent of the liabilities assumed
by Licensee herein.
(iii) Excess or Umbrella Liability insurance, on an occurrence basis, in excess of the Commnercial
General Liability insturance, with coverage as broad as such policy, with a limit of $2,000,000.
(b) 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 rehoactive 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 be solely responsible
for any deductible losses under any policy.
(c) 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.
15. Waiver Of Claims Against Owner. Licensee hereby waives any and all claims which Licensee may or
aught hereafter have or acquire against Owner for loss or damage to the Licensee's improvements 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 subcontractoxs.
16. 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, sicluiess, disease, death, property loss or damage, or
any other loss of any land whatsoever, to the extent caused by Licensee, and 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. 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.
17. Mechanics' Liens. Licensee shall not allow any mechanics' or similar liens to be 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.
18. Notices. Any notice required or peirnitted 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; (ii) if to the FFA,
Attn: , P.O. Box 100, Firestone, CO 80520; and (iii) if to the Licensee, Attn. Contract
Administration, Kerr-McGee Gathering LLC, 1099 18'h Street, Suite 1800, Denver,'Colorado 80202. Notices mailed
in accordance with the provisions of this Paragraph shall be deemed to have been given upon mailing. Notices
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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 19,
19. Attonie, 'sue. 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, inciured in the
prosecution or defense of such action.
20. 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.
21. Governmental Immunity. The parties hereto understand and agree that Towu is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other lights,
immtmities, and protections provided by the Colorado Governmental Immunity Act, Section 2440-101, 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.
22. Entire Agreement. This Agreement constitutes the entire agreement and understanding beiween the
parties hereto and supersedes any prior agreement or understanding relating to the subj ect matter of this Agreement.
Any such prior agreement shall be deemed to be null and void and of no further effect.
23. 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.
24. Paragraph Headings; Paragraph headings are inserted for convenience only and in no way limit or
define the interpretation to be placed upon this Agreement.
27. Authority Of Owner. This Agreement is entered into pursuant to a Resolution of the Board of Trustees
of the Town of Firestone, Colorado adopted aAAA, t I a , 2019and a Resolution of the Board of Directors
of the Firestone Finance Authority adopted 1A, ap I , 2019.
[Signatures and aclznowledgments on followingpageJ
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The Parties have executed this ENCROACHMENT LICENSE AGREEMENT to be effective on the
Effective Date.
OWNER:
TOWN OF FIRESTONE
�����TOni�,
°°°°•TOWN `�;
� �O
By: a
obbi Si lar, Mayox � $� ��
�O
ATTEST: �����TY �°�®v
B �` �'l�lJ� .
Leah Vanarsdall, Town Clerlc
���.5 7:ON� _
�,r•'' TOWN ° b,
FIRESTONE FINANCE AUTHORITY
'� ��'
By: �,��° :O�
,fi.AU��
LICENSEE:
KERB MCGEE GATHERING LLC
� a '.�
Name:C4.r� s�n�-�.,� �, ��t�.�����
Title: �� � A�
STATE OF COLORADO )
ss.
CITY AND COUNTY OF DENVER )
The forgoing REVOCABLE ENCROACHMENT/LICENSE AGREEMENT was subscribed and
sworn to before me on "�'�.��. , 2019, by ���5"�`vrJ�:�vT: e, ,r, in his/her capacity as ��� �' - ����,��s�s�—
i � i��,.��' of I�err-McGee Gathering LLC, on behalf of such limited liablity company.
(Seal)
��
Notary Publi
Address
My Commission expires: •�.�� �
(� � `�-- Z
-6-
Attachment to that certain Right of Way Grant, by and between Firestone Fniance Authority,
as "Grantor", and KERB-IvICGEE GATHERING LLC, a Colorado limited liabIlity company, as "Grantee".
Sheet 1 of 2
A 30 foot wide strip of land being a portion of Outlot 2 of Firestone Central Park First Filing Minor Subdivision
filed October 16, 2006 at Reception Number 3427733 conveyed to Firestone Finance Authority June 09, 2005
at Reception Number 3293398 and Reception Number 3293400 in Section 18, Township 2 North, Range 67
West of the Sixth Principal Meridian, County of Weld, State of Colorado, said 30 foot wide strip being 15 feet
each side of the following described centerline:
Note:
1. The Basis of Bearings is the west line of the northwest quarter of Section 18, T-2-N, R-67-W 6th P.M., as
monumented with an aluminum cap PLS 31169 at the south end and an aluminum cap PLS 23405 at the
north end with a grid bearing of N 00°06'32" W.
2. The side lines of the strip of land are to be lengthened and/or shortened as necessary to end at the property
lines.
3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado
coordinate system of 1983 north zone (C.R.S. 38-52-102), U.S. Survey feet.
4. This is not a boundary survey or a land survey plat.
Commencing at the west quarter corner of Section 18, an aluminum cap PLS 31169; Thence N 70°27'43" E a
distance of 271.39 feet, more or less, to a point on the westerly line of said Outlot 2 and the POINT OF
BEGINNING:
Thence
S
89°29'51 "
E
a
distance
of
681.19
feet;
Thence
N
85°16'S7"
E
a
distance
of
496.11
feet;
Thence
S
78°41'05"
E
a
distance
of
240.61
feet;
Thence
S
89°29'51"
E
a
distance
of
693.99
feet;
Thence
S
89°28'39"
E
a
distance
of
1670.74 feet;
Thence
N
45°17'26"
E
a
distance
of
128.79
feet;
Thence
N 00°31'21"
E a
distance of 67.31 feet
to the POINT OF TERMINUS from
which
an illegible aluminum
cap at
the east
quarter
corner of said Section
18 bears S 73°37'11" E a distance
of 921.32
feet.
Right of Way Length: 3978.74 feet.
�PpO REG�sT
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;,Q- 5113119 �c�,:
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
303 666 0379
Township: 2 North 1"=4D0 AFE; 2146526
KERR-MCGEE Range: 67 West sth PM Trackin
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Attachment to that certaut Right of Way Grant, by and between Town of Firestone, as "Grantor", and
KERB-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 1 of 2
A 30 foot wide
strip of land being a
portion of Parcel No. 9 conveyed to Town of Firestone filed
March 19, 1997
at Reception
Number 2538622 in
Section 18, Township 2 North, Range 67 West of the Sixth
Principal
Meridian, County of Weld, State of Colorado, said 30 foot wide strip being 15 feet each side of the following
described centerline:
Note:
1. The Basis of Bearings is the west line of the northwest quarter of Section 18, T-2-N, R-67-W 6th P.M., as
monumented with an aluminum cap PLS 31169 at the south end and an aluminum cap PLS 23405 at the
north end with a grid bearing of N 00°06'32" W.
2. The side lines of the strip of land are to be lengthened andlor shortened as necessary to end at the property
lines.
3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado
coordinate system of 1983 north zone (C.R.S. 38-52-102), U.S. Survey feet.
4. This is not a boundary survey or a land survey plat.
Commencing at the west quarter comer of Section 18, an
aluminum
cap
PLS 31169; Thence 5 89°29'S1" E,
along the south line of the northwest quarter, a distance
of 210.90
feet
to the POINT
OF BEGINNING:
Thence N 00°D5'04" W a distance of 119.09 feet;
Thence S 89°59'45" E a distance of 45.00 feet, more or less, to a point on the easterly line of said Parcel No.9
and the POINT OF TERMINUS from which an aluminum cap PLS 23500 at the northwest comer of said
Section 18 bears N 05°57'22" W a distance of 2512.25 feet.
Right of Way Length: 164.09 feet.
oY�o��:��' cos.
�; 0�\�12/19l18
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
303 666 0379
Township: 2 North 1"=60
HIC KERR-MCGEE Range: s7 West 6th PM
.TY INNOVATION LEGACY Right Of Way SUrvey County: Weld - 12/19I2018
t Sie B, Lafayette, CO 80026
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Attaclunent to that certain Right of Way Grant, by and beriveen Town of Firestone, as "Grantor", and
I�ERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Gratrtee".
Sheet 1 of 1
i 12 07 I Grid
13�18 Geodetic Magnetic
t PLS 23405 Town of Firestone
t Rec. No. 2538622 0°21'55^ 8°OS'24"
Parcel No.9
Described in Book 305 10-2D18
Pg.15
t
North
t I i
` ° I NW 1/4 SECTION 18
`,.• I T2N R67W 6th PM
, t � _ ° 30' KMG Easement
t i Rec. No. 3243864
r
KMG 04-181-4"
rn�
�'�i 50' Temporary � � � S 89°59'45" E
m �I ,'. o Workspace � I ( — � 45.00' P.O.T.
Gravel
N �� Walking Path f ( Right of Way
, �� ;° I � I Surrey Tie To NW
0
r m of Concrete I � Comer Section 18
t z' Walking Path � ` N 05°5T22" W 2512.25'
� � o I N:1293937.47
' " E:3156289.03
20' Tempos I I Lat: 40.1388999
-�i Lon:-104.9409886
o ; Workspace I O FIPS Code 08123
o I � t
O P
' U I .:, o I C
t � , _ 30' Temporary
� i; � I 3 ' - Workspace
� I Town of Firestone i G Right of Way
Proposed Fiber Opt1c in Centerline
t 1/4 Comer Line o I O
t — Sec 13iSec 18 ` ' " I O 1 � 30' Right of Way
Alum. Cap
PLS 31169 Z _ N 89°2.9'S1" W 2360.5. 0' ��{_ _
P,O.B, C 1/4 Comer
Right of Way section 18
t Alum. Cap
, Survey Tie From W 1/4 PLS 23500
Comer Section 18
t I r S 89°29'51" E 21D.90'
� rn , � N:1293818.38
, E:3156244.24
N Lat: 40.1385738
3I SW 1/4 SECTION 18 Lon:-104.9411515
I T2N R67W 6th PM FIPS Code 08123
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$ Town of Firestone 4�P�o• E��sTF
z I Rec. No. 2538622 c,�\; J�0 �' OOSI �%PF
r t t Parcel No.8 •'oQ- 12119/18y�;
� I � Described in Bool< 305 -fl � 25936 �
Pg.16 �° c�
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t 13 18 D 60 120
t 24�19
{� Alum. Cap Graphic Scale in U.S. Survey Feet
PLS 24305 1" = so' Total Pipeline Length 164.09'
Township: 2 North 1"=60' AFE: 2146526
KERR-MCGEE Range: 67 West sth PM Trackin
LO�TY INNOVATION LEGACY Right of Way Survey COUnty: Weld 12/19/2018 SRID: 13042
520 Sla Court Ste B, Lafayette, CO 80026 _
3o3s�s.o379 vnvw.topoyraphic.com State: Colorado aY: mag dob No. 119489 ,
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Attachment to that certain Right of Way Grant, by and between Town of Firestone, as "Grantor", and
KERR-MCGEE GATHERING LLC, a Colorado limited liahility company, as "Grantee".
Sheet 1 of 4
A 30 foot wide strip of land being a portion of Parcel No. 8 conveyed to Town of Firestone filed March 19, 1997
at Reception Number 2538622 in Section 18, Township 2 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado, said 30 foot wide strip being 15 feet each side of the following
described centerline:
Note;
1. The Basis of Bearings is the west line of the southwest quarter of Section 18, T-2-N, R-67-W 6th P.M., as
monumented with an aluminum cap PLS 24305 at the south end and an aluminum cap PLS 31169 at the
north end with a grid bearing of N 00°06'32" W.
2. The side lines of the strip of land are to be lengthened and/or shortened as necessary to end at the property
lines.
3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado
coordinate system of 1983 north zone (C.R.S. 38-52-102), U.S. Survey feet.
4. This is not a boundary survey or a land survey plat.
Commencing at the southwest corner of Section 18, an aluminum cap PLS 24305; Thence S 89°11'11" E, along
the south line of the southwest quarter of Section 18, a distance of 209.81 feet to the POINT OF BEGINNING:
Thence N 00°05'04" W a distance of 2617.05 feet, more or less, to a point on the north line of the southwest
quarter and the POINT OF TERMINUS from which an aluminum cap PLS 31169 at the west quarter corner of
said Section 18 bears N 89°29'51" W, a distance of 210.90 feet.
Right of Way Length: 2617.05 feet.
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
303 666 0379
Township: 2 Norlh
67 West
LGYALTY INNOVATION LEGACY Right�of Way Survey County: Weld
^� �^��^` �',e B, Lafayette, CO 80026
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Rec. No. 2717159
Attachment to that certaui Right of VJay Grant, by and between Town of Firestone, as "Grantor", and
KERit MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 2 of 4
er I C 1/4 Comer
13 ec 18 � Section 7 8
n. ap Alum. Cep
317� 9 1 N 89°29'51" W 2360.50' 7 PLS 23500
Right.of Way
Survey Tie To W 1/4
Corner Section 18
� � N 89°29'51" W 210.90'
� N:1293818.38
� E:3156244.24
Lat: 40.1385738
� SEE Lon:-104.9411515
DETAIL "A" FIpS Code 08123
� 20' Temporary
Workspace
30' Temporary
Workspace
KMG 04-181-4"
30' KMG Easement
Rec. No. 3243864
30' Right of Way
Right of Way
Centerline
S 00°05'04" E
269 7.05'
� SEE
'DETAIL"B"
Town of Firestone
Rec. No. 2538622
Parcel No.8
Described in Book 305
Pg.16
SW 1/4 SECTION 18
T2N R67W 6th PM
Grid
Geodetic /j� Magnetic
North
j � 20' St, Vrain
u, - Rec. No, 2771745 4��.�Ppo• RoG/sT``�'�
P.O.B. �: ��o sj•' : o
I _ 20' Temporary Right of Way � oQ 6/3/19 ��
Workspace Survey Tie From SW -o : 25936 � �
in 30' Temporary Corner Section 18 �° �� o
Workspace S 89°11'11" E 209.81' ��, .,�
I N:1291201.33
E:3156248.10 • � N
� � Lat:40.1313897
� I SEE Lon:-104.9411967 60' ROW PER 1/4 Comer
I � DETAIL "C„ SecA18 mecCa9
FIPS Code 08123 BK 86, PG.273 �
� � - _ _� — — _ 5 89°11'11" E 23_8_6.59' � _ PLS 235_00
18 ��NG— --�1= --,�-------------------��—_
WCR 20 Bella Rosa Pkwy —� —
19
un. Cap
S 24305�I 0 300 600
Graphic state in U.s. survey Feet Total Pipeline Length 2617.05'
1" = 300'
jj'' y�ppg� Township: 2 North 1"=300' AFE: 2146526
LC�% ill KERR-MCGEE Range: 67 West 6lh PM Trackin
OYALTY INNOVATION LEGACY Right of Way Survey County: Weld 6/312019 SRID: 13D42
Coud Ste B, Lafayette, CO 80026 BY: ma
i6.o379 �rmitopographtc.com State: Colorado g Job No. 119489
DlYG G1GEOSUftNWel�llotV�VCERR IIGGEE GATHEftWGIG°stwie Pe°k Kugtl llWfAFnai P�°du�is�To»nWFifeStCn°Partt-0a ROW Re�3.tlxg USE7t lrcdxr6ai DATE PFiiMED: 6319195:J5:15 PM
Attachment to that certain Right of Way Grant, by and beriyeen Town of Firestone, as "Grantor", and
KERB-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 3 of 4
Concrete Walk
Way
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DETAIL VIEW "A"
SCALE: 1" =100'
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DETAIL VIEW "B"
SCALE: 1" =100'
-Fence \
-KMG 04-181-4`
I
30' KMG Easement
Rec. No. 3243364'
30' Right of /
way
� /
—Town of Firestone
Proposed Fiber Optic
Line
KMG 04-181-4" \
30' KMG Easemen
Rec. No. 3243864
r. 2 North I 1"=300'
i r111„ KERR-MCGEE Range: s7 west sth PM
TY INNOVATION LEGACY Right Of Way Survey County: Weld-_6/3I2019
9��eWBA'V.totpoYgraphlC�comD26 State: Colorado 9
BY: ma
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Attachment to that certain Right of Way Grant, by and behveen Town of Firestone, as "Grantor", and
KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 4 of 4
30' Temporary
Workspace
Town of Firestone
Rec. No. 2538622 •
Parcel No.B
Described in Book 305 /
Pg.16
20' KMG Easement �_
Rec. No. 3243864/
Fiber Optics
(Proposed)
Edge of WCR
wcfz 20
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`� 30' Right of
t I� � Way
� 60' KMG Easement
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� r—° °-t-• °-I 30 Temporary 1
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a �-'--Underground Cable
°_ _°�• � Existing 81ack Hills
Energy Pipeline
� — — — - unt ,:,pHE� OH
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\ � I I I / St. Vrain Sewer
30' Right of Is I I Ns/ Rec. No. 3593372
Way \ ` � � ..� ���
---� Anadarko E&P
DETAIL VIEW "C' Onshore LLC
scALE:1" = so' Rec. No. 4144978
�o�o�Fo�. R°s�sTF�F
jo�613/19��
25936
Township: 2North 1"=300' art: 214ti;
P C KERB-MCGEE Range: 67 West 6th PM Tracking:
.7Y INNOVATION LEGACY 6!3/2019 SRID; 13042
Right of Way Survey County: weld
t Sle B, Lafayatte, CO 80026
'9 wWw.topographtc.com State: Colorado 6Y: mag Job No. 119489
VG: GiGEOSURIhWd�NottAV(ERR MCGEE GATHERWG',Gestam Peck Kugd 719t04�FiW PmdudslTaM ofF tam ParcUBROW RM 3.Avg USER:Irvo6eM1son DATEPRIMED:61Y.