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RECEIVE® <br /> G, 4274435 01/31/2017 12:19 PM <br /> / FEB 2 2 2017 Total Pages: 11 Rec Fee: $63.00 <br /> DIVIS10i'� f�G4TI0N <br /> Carly Koppes - Clerk and Recorder, Weld County, CO.:'�� •'_y..r+ <br /> MINING AWD SAFETY <br /> \" /GREEMENT FOR COMPATIBLE DEVELOPMENT OF CONSTRUCTION MATERIALS AND OIL AND GAS <br /> This Agreement is entered into this, ay of January, 2017 by and between Anadarko Land <br /> Corp., Anadarko E&P Onshore LLC (collectively "Anadarko"), Kerr-McGee Oil &Gas Onshore LP ("Kerr- <br /> McGee"), Kerr-McGee Gathering LLC ("KMGG"), and Brannan Sand and Gravel Company, LLC <br /> ("Brannan"). <br /> Recitals <br /> A. Brannan owns the surface of approximately 212 acres located in Section 20,Township 1 <br /> North, Range 66 West of the 61"P.M.,Weld County,Colorado,the location of which is more particularly <br /> described in that Special Warranty Deed from the Regional Transportation District to Brannan recorded <br /> with the Weld County, Colorado Clerk and Recorder's office on September 23, 2016 at Reception No. <br /> 4239191(the"Subject Lands"). <br /> B. Brannan has filed an application for a Construction Materials Regular 112 Operation <br /> Reclamation Permit to excavate sand, gravel and other construction materials from the Subject Lands <br /> with the Division of Reclamation, Mining and Safety of the Colorado Department of Natural Resources, <br /> Permit Application No.M-2016-030(the"Construction Materials Permit"). <br /> C. Kerr-'McGee is the current lessee of an oil and gas lease covering all of Section 20, <br /> Township 1 North, Range 66; Anadarko owns in fee a portion of the minerals on and under the Subject <br /> Lands; KMGG owns an oil and gas pipeline and pipeline easement, portions of which are located in and <br /> near the northwest portion of the Subject Lands. <br /> D. Kerr-McGee and Anadarko have protested Brannan's application for the Construction <br /> Materials Permit and the parties desire to resolve such protests and reach reasonable accommodations <br /> that will allow for the compatible development and extraction of oil and gas and construction materials <br /> from the Subject Lands. <br /> Agreement <br /> NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby duly <br /> acknowledged,the parties agree as follows: <br /> 1. Existing KMGG Easement. Brannan shall not conduct any mining operations for sand, <br /> gravel and other construction materials within the fifty feet wide permanent easement covering the <br /> pipeline shown on Exhibit 1 hereto in and near the northwest portion of the Subject Lands,and will not <br /> allow any equipment, sand, gravel or other materials to be stored on or moved across the permanent <br /> pipeline easement. The subject easement for pipeline and incidental purposes is more particularly <br /> described in that instrument recorded in the Weld County Clerk and Recorder's office on January 12, <br /> 1976 in Book 757 at Reception No. 1678646 and was originally granted to Panhandle Eastern Pipeline <br /> Company. <br /> (00531397.1) <br />