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AGREEMENT TO MINE WITHIN 200 FEET OF A PERMANENT MAN MADE STRUCTURE <br />THIS AGREEMENT dated and made effective this Is[day of November 2004 is made between <br />Farfrumwurking LLP, with an address of 1163 Oakhurst Drive, Broomfield, CQ 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, OWNER represents that it is the surface owner and are in possession of an interest in part or <br />all of the surface estate (or the following described lands in Weld County, Colorado to wit: <br />Township 2 North, Ranee 68 West. 6'" PM <br />Section 31: SE/4 <br />Section 32: 5 W/4 <br />Weld County, Colorado <br />WHEREAS, KMG owns an eight inch (8') natural gas pipeline, known as the "292-8" (the <br />"PIPELINE"), on said property; and <br />WHEREAS, OWNER has submitted an application to the Colomdo Mining Land Reclamation Board to <br />mine gravel on said property. <br />NOW THEREFORE, <br />L KMG agrees to allow OWNER to mine within 25 h of the existing PIPELINE <br />2. Owner will no[ encroach upon KMG's PIPELINE and related easement rights, as stated in <br />OWNER's letter to KMG, dated October 1, 2004 <br />3. OWNER agrees to abide by the Guidelines for Design and Construction Activities on or near <br />Kerr-McGee Gathering. LLC and Kerr-McGee Rockv Mountain Coporation Pipelines and <br />Related Facilities, attached hereto as Exhibit A. <br />4. OWNER agrees to compensate KMG for the actual cost to repair any damages to the PIPELINE <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 />FART UM URKIN LLP }~E G~~,A{/`y}E'RIN~G LL/C/p~~ <br />U <br />JO P. FILE, Manager David Howell, Wattenberg Asset Manager <br />for Kerr-McGee Rocky Mountain Corporation, <br />Manager of Kert-McGee Gathering LLC <br />ACKNOWLEDGEMENTS <br />5"1'A3'C OF COLORADO ) <br />ss. <br />COUNTY OF ) <br />~ t\ <br />The foregoing instrument was acknowledged before me this ~ day of November,~~~ <br />JOHN FILE as General Partner of Farfrumwurking LLP, on behalf of said company. <br />Witness my hand and official seal ~ `~ 0 I I i <br />My Commission expires: <br />STATG OF COLORADO ) <br />ss. <br />COUNTY OF ) <br />The foregoing instrument was acknowledged before me this .3_k~ day of November, <br />David Howell as Wattenberg Asset Manager for Kerr-McGee Rocky Mountain as manager ~ <br />McGee Gathering LLC, on behalf of said corporation. <br />Witness my hand and official seal <br />My Commission expires: <br />to r,r,.rv..:.. <br />