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11111111111 IN 111111111111111111 IN <br /> 3514284 10/30/2007 02:48P Weld County, CO <br /> 2 of 5 R 26.00 d 0.00 Steve Moreno Clerk& Recorder <br /> by Federal, State or local code in effect as of the execution of this <br /> Amendment. <br /> 1.5 Grantor hereby grants to Grantee a temporary construction easement of <br /> 100feet in width to be located and centered along the centerline of the <br /> most easterly of the tow above referenced pipelines within the relocated <br /> Easement Area for the purpose of relocating and/or constructing of the <br /> above referenced 6-inch and the 10-inch pipelines. Sinclair will reclaim <br /> the surface of the ground in both the Easement Area and the temporary <br /> easement area that is disturbed by its construction activities to pre- <br /> construction conditions. The temporary easement shall terminate upon <br /> completion of construction and relocation and no later than 6 months after <br /> the execution of this Amendment. <br /> 2. Grant of Additional Easemgtlt tights. Grantor represents and warrants <br /> that it is also the fee simple owner of the strip of property formerly owned or <br /> encumbered by a right of way in favor of Union Pacific Railroad described as that <br /> portion of the Dent Branch of the Union Pacific Railroad Company, lying southeasterly <br /> of the centerline of the main track of said Railroad as was originally constructed and <br /> operated through the West Half of Section 32, Township 3 North, Range 67 West of the <br /> 6`h P.M. in Weld County, Colorado (the "Railroad Strip"). Grantee's 6-inch pipeline and <br /> 10-inch pipeline will cross the Railroad Strip at the point of relocation described in <br /> E hibit 1. Grantor expressly and under the same terias and conditions as the original <br /> Right of Way, by this Amendment grants a perpetual easement and right of way over the <br /> Railroad Strip to survey, construct, reconstruct, renew, enlarge, operate, maintain, <br /> inspect, alter, repair, remove, replace, and re-lay a pipeline and an additional pipeline <br /> for the transportation of liquids and other gases, including without limitation, oil, gas, <br /> petroleum, or any of its products, and such valves fittings, meters and other equipment <br /> and appurtenances as may be necessary or convenient for such operations (collectively <br /> the "Facilities") to have and to hold unto the said Grantee, its successor and assigns, <br /> with ingress and egress to and from the same over adjacent lands of the grantor, for the <br /> purpose of all rights granted herein and as set forth in the original Right of Way. <br /> 3. Authority. Grantor represents and warrants that it is the owner in fee <br /> simple of the property encumbered by the Easement Area, that the person signing on <br /> Grantor's behalf has the authority to bind Grantor, and that Grantor's property is not <br /> subject to any liens or encumbrances which would interfere with or affect Grantee's <br /> exercise of its rights hereunder. <br /> 4. Continuation of Exigting, Right of Way. This Amendment is not intended <br /> to terminate or replace the Right of Way, which is hereby confirmed and shall remain in <br /> full force and effect as amended hereby. All of the terms and conditions of this <br /> Amended Right of Way Easement shall be deemed to run with the land. <br /> 2 <br />