2016-08-22_REVISION - M2000158 (4)

Home Browse Search

IIIlillllllllllllllllllllllllllllllilllllllllllllllllll 3505739 09/20/2007 05:20P Weld County, CO 3 of 15 R 91.00 D 0.00 Steve Moreno Clerk& Recorder permanently abandoned by KMG, its successors or assigns. Gravel Company understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and puhlic roads, production facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Gravel Company hereby waives its right to object to the location of any of KMG's existing facilities and those to be located in the future in the Oil and Gas Operations Area on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time. Gravel Company further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMG, its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement. KMG or its successors and assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction. Gravel Company agrees not to object to the use of the surface in the Oil and Gas Operations Areas so long as such use is consistent with this Agreement and Gravel Company will provide KMG or its successors and assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 3. GATHERING LINES AND FLOWLINES. Subject to the limitations hereinafter described, KMG has a continuing right and entitlement to overt, operate, maintain, repair and replace all existing and future flowlines, gathering lines and other pipelines that may be necessary or convenient to its operations on the Property ("Pipelines"). The construction and burying of additional Pipelines shall be at the sole cost and expense of KMG or its gas purchaser. Within sixty (60) days after completing installation of any such Pipelines on the Property, KMG, at its sole cost, will provide Gravel Company with a copy of its records, if any, showing the physical location of such Pipelines Although this Agreement is intended to confine the placement of the Pipelines to certain specified locations within the Property, nothing herein shall be construed as a limitation on KMG's ultimate right to make all necessary well connections to any Existing or Future Well. Specific locations have been designated on Exhibit A for the location of the Pipelines ("Petroleum Pipeline Easements"). The Petroleum Pipeline Easement shall be fifty feet (50') in width during construction, installation or relocation operations and otherwise reduced to thirty feet(30') in width for post-construction usage. Gravel Company's development plans anticipate that roadways will cross over Existing and Future Pipelines. Gravel Company agrees to abide by the General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr McGee Rocky Mountain Corporation Pipelines and Related Facilities revised 3-2004. in particular, Gravel Company shall maintain a minimum of forty-eight inches (49") and not more than seventy-two inches (72") of cover over all Pipelines during any of Gravel Company's operations on the Property. KMG may install and maintain markers on its Petroleum Pipeline Easement. KMG shall mark its flowlines at all locations reasonably requested by Gravel Company. Gravel Company will not allow any extraction to occur, commencing at the surface of the original ground, closer than twenty five feet (25') from any Pipeline of KMG unless a soils Page 3 Surface Use Agreement