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MFlR.15. 2004 10~07RM KERIZMCGEE N0.486 P.2/14 <br />. --~ ~i::;iirairi~riiiriiiai~ri~~rinirriiurri-~4riori <br />aataeoo oonusooa oe.oer ward ~e~nyy oa <br />~ of 13 R 66.00 0 o.ao Slave Moreno Clerk & Recoroar <br />~~ <br />SURFACE USE AGREEMENT <br />This Surface Use Agaement ("Ageetsuat")19 taede thi9 ~~day of April, 2003, end is <br />between KERR-McGEE ROCKY MOUNTAIN CORPORATION ("KMItMC", a Delaware <br />wtporadon, successor to HS Resources, Inc. and KERR-McGH$ GATHERATG, LLC ("KMG"), <br />fottmerly known as HS Gathering, LLC., both with an address of 1999 Btnadway, Strite 3600, <br />Deaver, CO 80202, emd NORTHERN COLORADO CONSTRUCTORS, INC. (Referred to hentin <br />as "Surface Owmer'~, with en address of 90'75 Weld County Road 19, Fort Lupto0. CO 80621. <br />A, Stuiaa Owner owns a parcel of land located in the EI2SFJ4 of Section 24, <br />Township 2 North, Range 61 Weat, Weld County, Colorado f'Property'~, mote <br />pardcul~ly described in Exhibit A ttached hereto and incorporated heteitt by this <br />referenee. <br />9• Surface Owner is subject to the tights of the oil and gas mineral estate of which a <br />potdom of the oil and gas leasehold is now owned by KMRMC; <br />C. Surface Owner will apply for and obtain mining permits for a sand amd gravel <br />mining and processing operetlon known as the "NCCI Pit #l" ("Mime"); <br />-~, D. KMRMC currently operates the William E. Gee Gas Unit k2 wall ("Existing Well") <br />and associated production equipment located op the Property has the right ro <br />deepen, recortpiete or rework tM Existing WeU and drill new Wells on the Property <br />("Futttte Wells'. <br />E. This Agreement sets forth the parties' rights and obligations regarding the <br />reltuiomship between the development of the Propertry by 3urtece Owner end <br />KMRMC's operation end developmment of iu oil and gas leasehold estate, <br />In consideration of the mtmtal covenants comeined herein. and other good and valuable <br />oottsidtratio0. the receipt and sufficiency of which is hereby acknowledged, the patties agree as <br />fouowe: <br />1. OIL AND GAS OPERATION AREAS RESERVED. <br />Sttr$ce Owner shall provide KMRMC no less than a 300 X 350 foot area around the <br />Existing Well ("Oil and Gas Opere6on Arta' as described on Exhibit A attached hereto <br />for the Existing Welland for nay operations conducted by KMR MC in connection with the <br />Existing WeU, including, but net limited to, lea9e operating activities, workovets, weU <br />deapenings, recompletions end ft'acturing. <br />zoos <br />XVd CT~TZ 9002/9Z/TT <br />I Z - 9NI1lOSN0~ 1 C ~ uot~e}5 xej LZ~6 9002 LZ no:~ :xej paniaaab <br />