Laserfiche WebLink
pipelines that may be necessary or convenient to its operations on the Property ("Pipelines"). The <br />construction and burying of additional Pipelines shall be at the sole cost and expense of KPK or its gas <br />purchaser. <br />Although this Agreement is intended to confine the placement of the Pipelines to certain specified <br />locations within the Property, nothing herein shall be construed as a limitation on KPK's ultimate right to <br />rnake all necessary well connections to any Well. Specific locations have been designated on Exhibit B <br />for the location of the Pipelines ("Petroleum Pipeline Easements"). Each Petroleum Pipeline Easement <br />shall be fifty feet (50') in width during construction, installation or relocation operations and otherwise <br />reduced to thirty feet (30') in width for post-construction usage. F.ach Petroleum Pipeline Easement may <br />be expanded to accommodate new pipeline, but in no event will the Easement exceed sixty feet (60'), <br />with ten feet (10') separating each pipeline. <br />Zadel Family, LI,LP's operating plans anticipate that roadways may cross over Existing and <br />Future Pipelines. "Existing Pipelines" shall mean any Pipeline now existing or hereafter constructed <br />within a Petroleum Pipeline Easement prior to Zadel Family, LLLP's construction of a road for its <br />operations or Zadel Family, LLLP's extraction of sand and gravel and backfilling of the Petroleum <br />Pipeline Easement. In particular, when crossing KPK Existing Pipelines with heavy equipment, like earth <br />moving equipment, Zadel Family, LLLP will maintain a minimum of four feet and a maximum of six feet <br />of dirt coverage in addition to the existing cover over [he Pipeline. When crossing KPK Existing <br />Pipelines with trucks and lighter equipment, NCC will maintain a minimum of two feet and a maximum <br />of six feet of dirt coverage is addition to the existing cover over the Pipeline. KPK may install and <br />maintain markers on its Petroleum Pipeline Easement. KPK shall mark its flowlines at all locations <br />reasonably requested by Zadel Family, LLLP. <br />Zadel Family, LLLP will not allow any extraction to occur, commencing at the surface of the <br />original Bound, closer than 25 feet from any Existing Pipeline of KPK as shown on Exhibit B unless a <br />soils stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser set <br />back will be adequate for preservation of the integrity of said pipeline and provided that upon completion <br />of such extraction Zadel Family, LLLP shall back fill and level the area within 25 feet from any Existing <br />Pipeline or within any Petroleum Pipeline Easement designated on Exhibit B. Notwithstanding anything <br />herein to the contrary, in no event shall Zadel Family, LLLP allow any extraction to occur, commencing <br />at the surface of the original ground, closer than 15 feet from any Existing Pipeline without KPK's prior <br />written approval. Zadel Family, LLLP shall hold KPK harmless for any and all damages caused by Zadel <br />Family, LLLP's actions under this paragraph. <br />Zadel Family, L.I,LP shall not allow any stockpile of soil to be placed over any Existing Pipeline <br />of KPK or in any Petroleum Pipeline Easement as shown on Exhibit B. <br />After written notice of at least fifteen (15) c41ys, Zadel Family, LLLP, shall have the right to cross <br />any Pipeline Easement with roadways and other utilities, provided such crossing of any utilities is made <br />with its acute angle being not less than 60° with respect to KPK's Pipelines, but in no event shall such <br />utility cross above or run parallel above KPK's Lines, except as noted. KPK requires all subsurface <br />utilities be not Less than 18 inches iaelow KPK's Pipelines. The depth of cover over ttte KPK Existing <br />Pipelines shwa net ere reducasi or drainane o~~a' KPK's Pipelines alterrri without KFK's v+Tiuzn apprc~~al, <br />Para!?tl uti;:res rnus€ t;tacttam to tniiiinntm often-t«at separatist frnrn KPK P.peLns, uaics:. KYK yrattis <br />a ttsse; dis'aoce vvf separa~t,t~n :x~hic,.l: Rrart shall ntr, ]te unre-asanal+ly withhei~a It ~•uuld not i?e <br />unrwsonnble to v4 ithhold ;rich ~att~,ent dvae to reasUt?able :,afety of oc~erationai cote+x~ns_ A`C'C will :'eques: <br />thzrt aL ut+lit;• °ompanie,~s contact KPK prier tc: laying lines paralie) to !tiF'K bxistiug Pipeiine; or within <br />Petroleum Prpclme I;asemznts designated in 6'xhibit B hereto. <br />22 <br />-3- <br />