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THIS AGREEMENT dated and made effective this 8th day of November 2004 is made between <br />Asphalt Paving Company, with an address of 14802 W. 44a Avenue, Golden, CO, 80403, herein called <br />"OWNER" and Kerr-McGee Gathering LLC, with an address of 1999 Broadway, Suite 3600, Denver, CO <br />80202, herein called "KMG"; <br />WHEREAS, O WNER represents [ha[ it is the surface owner and are in possession of an interest in part or <br />all of the surface estate for the following described lands in Weld County, Colorado to wit: <br />Township 1 North. Ranee 67 West, 6a PM <br />Section 25: part of the N W/4 <br />Weld Counry, Colomdo <br />WHEREAS, KMG owns one eight inch (8') natural gas pipeline, known as [he "07-8", and two four <br />("4") inch namral gas pipelines, known as the 11713" and the 915-0", (the "PIPELINES"), on said <br />property; and <br />WHEREAS, OWNER has submitted an application to the Colorado Mining Lend Reclamation Board [o <br />mine gravel on said property. <br />NOW THEREFORE, <br />1. KMG agrees to allow OWNER to mine within 25 feet of the existing PIPELINES <br />2. OWNER agrees to abide by the Guidelines for Desien and Construction Activities on or near <br />Kerr-McGee Gatherioe. LLC and Kerr-McGee Rocky Mountain Corporation Picelines and <br />Related Facilities, attached hereto as Exhibit A. <br />3. OWNER agrees to compensate KMG for the actual cost to repair any damages to the PIPELINES <br />and any related facilities caused by mining activities undertaken by OWNER or OWNER's <br />contractors. <br />IN WITNESS WHEREOF, The Grantors have executed this agreement on the date set forth above. <br />ASP LT PAVING C MPANY <br />Je r Iler, President <br />STATE OF COLORADO ) <br />ss. <br />COUNTY OF ~.n~¢,t.a-p-..~ ) ''~, <br />The foregoing inswment was acknowledged before me this r~ day of November, 2004, by <br />Jeffrey W. Keller, as President of Asphalt Paving Company, on behalf of said company. <br />Witness my hand and official seal <br />My Commission expires: 7~a?rJ-/YS Notary Public Rpa <br />STATE OF COLORADO ) <br />ss. ~YLLra £~ 7#4f <br />COIfNTY OF ) <br />The foregoing inswment was acknowledged before me this ~ day of November, 2004, by <br />James P. Wason as Attorney-in•Fact for Kerr-McGee Rocky Mountain as manager for Kerr-McGee <br />Gathering LLC, on behalf of said corporation. <br />~pVL L~ <br />W' OYMA L, mial seal <br />y Gol4tmii~sssion J'xpue~ Notary Public <br />