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<br /> 1 illlll Illl 11111411
<br /> 3514284 1013012007 02:48P Weld County, CO
<br /> 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
<br /> Amendment To Right Of Way Easement
<br /> This Amendment is entered into effective as of the , day of March, 2007, by
<br /> and between L. G. EVE+'RIST, INCORPORATED, an Iowa corporation, 7321 East 881"
<br /> Ave., Henderson, CO 80640 ("Grantor") and SINCLAIR TRANSPORTATION
<br /> COMPANY, 550 East South Temple, Salt Lake City, Utah, 84102, a Wyoming
<br /> Corporation ("Grantee).
<br /> Recitals:
<br /> A. Grantor is the owner of property encumbered by a Right of Way Easement which
<br /> was recorded in the office of the Clerk and Recorder of Weld County, Colorado in Book
<br /> 1646, Page 367 at Reception No. 1408165 (the "Right of Way"). Pursuant to the Right
<br /> of Way, Grantee has previously installed a pipeline on a portion of Grantor's property.
<br /> B. Grantor and Grantee desire to amend the Right of Way to define the width of the
<br /> easement area, to relocate the easement area including the existing pipeline, and to
<br /> allow Grantee the right to install an additional pipeline within the easement area.
<br /> NOW THEREFORE, the parties agree as follows:
<br /> 1, Amendment. The Right of Way is hereby amended as follows:
<br /> L l The easement area is hereby defined and restricted to a strip of land 50
<br /> feet in width.
<br /> 1.2 The easement area will be relocated to an area more particularly described
<br /> in EXhibit 1, attached hereto and incorporated by reference upon relocation
<br /> of the existing 6-inch pipeline, abandonment of the existing 6-inch
<br /> pipeline, and construction of the additional 10-inch pipeline pursuant to
<br /> paragraph 1.3 in that relocated area (the "Easement Area"),
<br /> 1.3 Grantee shall have the right to survey, construct, reconstruct, renew,
<br /> enlarge, operate, maintain, inspect, alter, repair, remove, replace, and re-
<br /> lay one additional pipeline for the transportation of liquids and other
<br /> gases, including without limitation, oil, gas, petroleum, or any of its
<br /> products, and such valves fittings, meters and other equipment and
<br /> appurtenances as may be necessary or convenient for such on, over, and
<br /> through the Easement Area.
<br /> 1.4 Sinclair will construct its two pipelines so that the depth of each pipeline
<br /> as it crosses under the existing surface of Grantor's property, including the
<br /> three existing irrigation ditches, the base of the old railroad bed and/or
<br /> public roads and ditches will be a minimum 5.0 feet or greater if required
<br />
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