Loading...
HomeMy WebLinkAbout11715RESOLUTION NO. 11715 A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND COLORADO INTERSTATE GAS COMPANY GRANTING AN EASEMENT FOR INSTALLATION AND MAINTENANCE OF A PIPELINE OVER A PORTION OF CITY'S PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Easement Agreement between the City of Pueblo and Colorado Interstate Gas Company granting a 50 -foot wide easement solely for the purpose of installing and maintaining a gas pipeline over a portion of City's property, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SFrTinN 9 The President of the City Council is authorized to execute and deliver the Easement Agreement in the name of the City and the City Clerk is directed to affix the seal of the City Clerk and attest same. SECTION 3 This Resolution shall become effective upon final passage and approval. INTRODUCED: October 13, 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77TSTFD DY: CITY CLERK ED Background Paper for Proposed RESOLUTION AGENDA ITEM # N -3 DATE: October 13, 2009 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND COLORADO INTERSTATE GAS COMPANY GRANTING AN EASEMENT FOR INSTALLATION AND MAINTENANCE OF A PIPELINE OVER A PORTION OF CITY'S PROPERTY ISSUE Should the City grant an easement to Colorado Interstate Gas Company for its installation and maintenance of a gas pipeline over a portion of City's property? RECOMMENDATION Law Department recommends approval of the Resolution. BACKGROUND Colorado Interstate ( "CIG ") has an existing pipeline across Pueblo County that intersects the Pueblo Springs Ranch Lariat property at four places. CIG plans to construct a second pipeline adjacent to the existing pipeline and requires an easement from the City. This Resolution approves an Easement Agreement granting the requested easement subject to several conditions. In the Easement Agreement the City does not warrant title. FINANCIAL IMPACT None anticipated; provided, however, that CIG has agreed to pay the City $500.00 to defray City's administrative expenses in connection with preparation and approval of the Easement Agreement. 18 EASE 10/16/2009 03:42:47 PM Reso. No. 11715 Gilbert lOrot�z7C1erk3Re ®ortl Co ®iu �w +ilu,nrrA�l IR WI W ULIKi I�Ui EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Pueblo, a Municipal Corporation (hereinafter called CITY), for and in consideration of the sum of TEN AND N01100 -------- Dollars ($ 10.00 ) in hand paid, the receipt of which is hereby acknowledged, does hereby grant unto COLORADO INTERSTATE GAS COMPANY a Delaware General Partnership, its successors and assigns (hereinafter called "COMPANY "), subject to the terms and conditions set forth herein, a 50 foot wide easement solely for the purposes of laying, constructing, maintaining, operating, patrolling, repairing, replacing and removing a single pipeline with fittings, tie - overs, cathodic protection equipment, and all appliances appurtenant thereto (collectively, the "Pipeline ") for the transportation of oil, gas, or any other liquids or substances associated with natural gas, along routes convenient for COMPANY's operations across CITY'S property situated in the County of Pueblo , State of Colorado, described as follows: As described in Exhibit "A" hereto, which is incorporated herein by reference (the "Easement Property"), and which is depicted on Drawings No(s) 248AU- 135.5, 248AU- 140.5, 248AU- 147.5, & 248AU- 148.5, attached to said Exhibit "A ". CITY, its successors, heirs or assigns, reserves all oil, gas and minerals on and under said Easement Property and the right to farm, graze and otherwise fully use and enjoy said lands, and further reserves the right to use the surface of the Easement Property for open space, public trails, roads, and other purposes not inconsistent with the easement granted; provided, however, that COMPANY shall have the right hereafter to cut and keep clear all trees, brush and other obstructions that may injure, endanger or interfere with the construction and use of said Pipeline. The Pipeline shall not be used for the conveyance of raw water out of Pueblo County. Subject to the terms and conditions set forth herein, COMPANY shall have all privileges reasonably necessary for the use of the rights herein granted. The easement granted herein shall be subject to all of the following terms and conditions: 1. COMPANY shall observe and follow the requirements of all applicable statutes, ordinances, regulations, licenses, permits, agreements, or covenants, including without limitation, any requirement to call the "One -Call" system prior to the construction or excavation in or upon the Easement Property. 2. Upon completion of the installation of the Pipeline, COMPANY, shall grade, re -seed and restore the surface of the ground over said Easement Property and any other portion of the CITY's property disturbed by COMPANY during the construction and installation of the Pipeline to the condition which it was in immediately preceding the construction and installation to the extent reasonably possible. Further, COMPANY shall repair any damage to pasture, fences and other improvements, and pay for any damage to livestock resulting from laying, constructing, maintaining, operation, repairing, replacing or removing the Pipeline. In the event of disturbance of any wetlands, COMPANY shall obtain all required permits and shall restore such wetlands as required by the terms of said permits and law. 3. All fences that must be cut in order to accomplish any of the purposes herein above granted to COMPANY shall be "H" braced on each side of the area covered by this grant and the wire secured so that when the fence is cut, within the remainder of the fence shall not go slack or be slackened and after said installation or repair, said fence shall be replaced in as good as condition as said fences were before cutting. COMPANY will install gates along said right of way at CITY's or adjacent landowner's request and at reasonable and mutually agreed upon locations. 4. In consideration for the grant of this Easement, COMPANY further agrees to assume full liability and responsibility for all injuries and property damage occurring after the date hereof to CITY, its agents, employees, invitees, contractors, successors and assignees, arising from the construction or use of the Pipeline and use of said easement for the purposes aforesaid. COMPANY agrees to hold harmless, indemnify and defend CITY from all liability and expense on account of any and all claims, expenses, liabilities, damages to property or injury to or death of persons, or actions arising from or out of the construction, reconstruction, installation, operation, maintenance, repair, alteration, rehabilitation, removal, or replacement of the Pipeline by COMPANY or its employees, agents or contractors. In connection with the performance of any such work within the Easement Property as described above, COMPANY shall exercise due care to protect CITY's facilities in or adjacent to the easement from damage; and COMPANY shall be liable to CITY for all losses and damages sustained by CITY arising from the performance of any of said work. 5. COMPANY acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, mobile trailer unit, or other structures upon the Easement Property. CITY shall, in addition all other rights available to it under law or equity, have the right to remove any such building or structure at COMPANY's expense. 18 EASE 10 /16/2009 03:42:47 PM 6a16eIt20I liz 0 P to 0 Co IYtYv L' I +N,WMA4 I411II1 6. CITY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE AND WARRANTIES AS TO FITNESS OR USE OF THE EASEMENT PROPERTY. THE RIGHTS GRANTED HEREIN IN THE EASEMENT PROPERTY ARE CONVEYED "AS IS ", WITH ALL FAULTS AND SUBJECT TO EXISTING PHYSICAL, ENVIRONMENTAL AND OTHER CONDITIONS. 7. If at any time, the CITY, or any enterprise of CITY, elects to, or requires a property owner to, alter, widen, repair, realign, abandon, improve, vacate, reroute or change the grade of any street or sidewalk or to replace, repair, install, maintain, or otherwise alter any above ground or underground cable, wire, conduit, pipe, line, pole, structure, or other facility utilized for the provision of utility or other services or transportation of drainage, sewage or other liquids or gases, or if CITY undertakes the construction of any public project upon its property, including the Easement Property, or property it holds in trust, the COMPANY shall, at its sole expense, remove or relocate its pipeline from or within the Easement Property so as not to interfere with such changes or alteration in the street, sidewalk, facility, structure, or so as not to interfere with construction of said public project. Reasonable advance written notice shall be mailed to the COMPANY advising the COMPANY of the date or dates removal or relocation is to be undertaken. 8. In case COMPANY abandons, ceases to use for a period of three (3) years or permanently remove the pipeline, this easement and all rights, privileges and interests granted herein shall terminate. In the event of any material breach of this Easement Agreement by Company, CITY shall have the right to terminate COMPANY's rights heree on thirty (30) days advance written notice. PU a Municipal Corporation ATTEST: •` ``° . President of the City Council City rk ppd' �•�^°" Acceptance The easement and all rights and privileges granted by the foregoing Easement Agreement are hereby accepted in accordance with and subject to the terms of the foregoing Easement Agreement. The person executing this instrument on behalf of COMPANY represents that he or she has full authority on behalf of COMPANY to execute this Easement Agreement and bind the Company to its terns. . . Ar Title: urira�� COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this L day of O C - h bf v" 2009 by ( 11 as President of the City Council and by (P; - as City Clerk of Pueblo, a Muni tpal Corporation. Witness my hand and official seal. My commission expires: 9 11' 2 I I - -- _. Z[S A L] w COUNTY 01' ss. STATE OF The foregoing instrume t was acknowledged before me on this /d w v of mlc� 2009 by �4 AlA A nz� as i ����� of Colorado Interstate Gas Company. OF Witness my hand and official seal. My commission expires: /.2 • Al. 21 01. -- ISEAI No ry Public 182 EASE 10/16/2009 03:42:47 PM G1 z C1erk3Rec Pue v Co Aug 13, 2009 - 2:21PM EXHIBIT A EASEMENT DESCRIPTION A 50.00 foot wide easement for pipeline purposes, being a portion of the Southeast one- quarter of Section 25, Township 19 South, Range 64 West of the Sixth Principal Meridian and a portion of a parcel described as Parcel B -1 ,in a document recorded at Reception No. 1748310 and re- recorded at Reception No. 1754110 in the Pueblo County Clerk and Recorders Office, the side lines of said easement lie parallel and perpendicular 25.00 feet each side of the following described centerline: Commencing at the Southeast Corner of said Section 25; Thence NOO'32'19 "W along the east line of said Southeast one - quarter, a distance of 1190.10 to ❑ point on the east line of said parcel, being the Point of Beginning; Thence N24'53'02 ° W, a distance of 52.15 feet to a paint on the west line of said parcel, being the Point of Terminus. From which the East Quarter Corner of said Section 25 bears NOO'20'34 "E, a distance of 1397.90 feet. The side lines of said easement shall be either lengthened or shortened to intersect the West and East line of said parcel, being the Point of Terminus Grid the Point of Beginning. BASIS OF BEARING Basis of bearing being the East line of the Southeast one- quarter of Section 25, monumented on the south by ❑ 3 1/4" aluminum cap, marked PLS 7735 and an the north by a 3 1/4" aluminum cap, marked PLS 38032 and considered to bear S00'32'19 "E. CERTIFICATE OF SURVEYOR I, Lyle G. Bissegger, a Registered Land Surveyor in the State of Colorado, do hereby certify that, to the best of my knowledge, information, and belief, this map was prepared from field notes taken during on actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. P pO LIC �Fz� • ......•. NOTES O � �G.BISS 9�t� 1. The accompanying plot does not constitute a i • boundary survey. J v 2. Easement centerline may not represent the location 38038 of the pipeline. _ 3. Client did not want rights-of-ways and easements ' B shown. 'n 4. Distances and Bearings shown are relative to UTM Zone 13 North NAD 83. All distance shown are US Lyle G. Bissegger, PLS No. 38038 Survey Feet. for and on behalf of Nolte Associates, Inc. /+L ANA 5. Combined adjustment factor: 0.99960 (grid to Ground). !�EY �Gl 19650.ESEI TEL 9l fi.fi<1 WY,$N 916 .9222 FAX LOLOMDa 9V0.1HG9,. .fi01 . 1s00 TEL .9123 WNYI.NOLTE.COM FIND 3 1/4" ALUM. CAP FOR THE E 1/4 CORNER N00 °20'34 "E OF SEC 25, T19S, R64W 1397.90 MARKED PLS 38032 BY DESCRIPTION PROJ. ID APPR, RE VIS IQN S PROPOSED PIPELINE AND I Op. Area: PUEBLO LAND PLAT I LINE 2484-160 AGUILAR LATERAL CITY OF PUEBLO Colorado p e Interstate Gas an ElPasocompany EASEMENT REFERENCE LINE Co. /Par: PUEBLO Section: 25 Township: 19S Range 64W Dfb CLH Date oe /OS /09 z Chk LOB U a Scale AS SHOWN w W al i0 heet:I of 1 _. 1 Rev. min N ,rj G Rm O N ON vM PUEBLO SPRINGS RANCH a o WARRANTY DEED AND p RIGHT OF REVERSION REC. NO. 1754110 PARCEL A °53'02 "W o ma N24 m P.O.T. 52.15' m o m _ NBO BOO h ^1 h �y3 c � P.0.81 WARRANTY DEED AND RIGHT OF REVERSION REC. No. 1754110 N1� N PARCEL B -1 W «� i 21.50' EXISTING mQ p m TYP LINE 9A r m N �— N00 °32'1 9 "W 1190.10' LEGEND P.O.C. 0 SECTION CORNER (FOUND FND 3 1/4" ALUM. CAP AS NOTED) FOR THE SE CORNER OF 64 QUARTER CORNER (FOUND MARKED PLS 7735 AS NOTED) P.O.B. POINT OF BEGINNING SCALE: 1" = 200' P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS 52.15 FEET 3.16 RODS 0.06 ACRES 0 100 200 EASEMENT DESCRIPTION A 50.00 foot wide easement for pipeline purposes, being a portion of the Southeast one- quarter of Section 25, Township 19 South, Range 64 West of the Sixth Principal Meridian and a portion of a parcel described as Parcel B -1 ,in a document recorded at Reception No. 1748310 and re- recorded at Reception No. 1754110 in the Pueblo County Clerk and Recorders Office, the side lines of said easement lie parallel and perpendicular 25.00 feet each side of the following described centerline: Commencing at the Southeast Corner of said Section 25; Thence NOO'32'19 "W along the east line of said Southeast one - quarter, a distance of 1190.10 to ❑ point on the east line of said parcel, being the Point of Beginning; Thence N24'53'02 ° W, a distance of 52.15 feet to a paint on the west line of said parcel, being the Point of Terminus. From which the East Quarter Corner of said Section 25 bears NOO'20'34 "E, a distance of 1397.90 feet. The side lines of said easement shall be either lengthened or shortened to intersect the West and East line of said parcel, being the Point of Terminus Grid the Point of Beginning. BASIS OF BEARING Basis of bearing being the East line of the Southeast one- quarter of Section 25, monumented on the south by ❑ 3 1/4" aluminum cap, marked PLS 7735 and an the north by a 3 1/4" aluminum cap, marked PLS 38032 and considered to bear S00'32'19 "E. CERTIFICATE OF SURVEYOR I, Lyle G. Bissegger, a Registered Land Surveyor in the State of Colorado, do hereby certify that, to the best of my knowledge, information, and belief, this map was prepared from field notes taken during on actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. P pO LIC �Fz� • ......•. NOTES O � �G.BISS 9�t� 1. The accompanying plot does not constitute a i • boundary survey. J v 2. Easement centerline may not represent the location 38038 of the pipeline. _ 3. Client did not want rights-of-ways and easements ' B shown. 'n 4. Distances and Bearings shown are relative to UTM Zone 13 North NAD 83. All distance shown are US Lyle G. Bissegger, PLS No. 38038 Survey Feet. for and on behalf of Nolte Associates, Inc. /+L ANA 5. Combined adjustment factor: 0.99960 (grid to Ground). !�EY �Gl 19650.ESEI TEL 9l fi.fi<1 WY,$N 916 .9222 FAX LOLOMDa 9V0.1HG9,. .fi01 . 1s00 TEL .9123 WNYI.NOLTE.COM NO DATE BY DESCRIPTION PROJ. ID APPR, RE VIS IQN S Division: ROCKY MOUNTAIN I Op. Area: PUEBLO LAND PLAT I LINE 2484-160 AGUILAR LATERAL CITY OF PUEBLO Colorado p e Interstate Gas an ElPasocompany State: COLDRAD � Co. /Par: PUEBLO Section: 25 Township: 19S Range 64W Dfb CLH Date oe /OS /09 Project 10, 126965 Chk LOB Date: 08/05/09 Scale AS SHOWN 248AU -1355 heet:I of 1 _. 1 Rev. _ mane Aug 13, 2009 - 2:21PM EXHIBIT A PROPOSED PIPELINE AND EASEMENT REFERENCE LINE Q- 6N � S WARRANTY DEED AND RIGHT OF REVERSION REC. NO. 1754110 PARCEL B -1� S89 °22'53 "W 1921.42 N LINE of SEC z 94 , FND 3 1/4" ALUM. CAP FOR THE NW �N CORNER OF o SEC 2, T195, R64W MARKED PLS 24941 P.O.T. BASIS OF BEARINGS N89'22'53 "E 2644.96' P � G � E' �\ �N16 °46'29 "W P.o.e. 22.38' a 2 rOpA\ � PUEBLO SPRINGS RANCH WARRANTY DEED AND RIGHT OF REVERSION REC. NO. 1754110 PARCEL A I LEGEND it SECTION CORNER (FOUND AS NOTED) e QUARTER CORNER (FOUND AS NOTED) P. o. B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS 22.38 FEET 1.36 RODS 0.03 ACRES EASEMENT DESCRIPTION LINE 9A P.O.C. END 3 1/4" ALUM. CAP FOR THE N 1/4 CORNER OF SEC 2, T19S, R64W MARKED PUS 7735 S87'39'53 "W 717.63' A 50:00 foot wide easement for pipeline purposes, being a portion of the Northwest one- quarter Section 2, . Township 19South,Range'64 West of the Sixth Principal Meridian and .a portion of aparcel described as- Parcel - -B -1 in a document recorded at Reception No. 1748310 and re— recorded at Reception No. 1754110 in the Pueblo County Clerk, and Recorders Office, the side lines of said easement lie parallel and perpendicular 25.00 feet each side of the following described centerline: The accompanying plot does not constitute a Commencing at the North Quarter Corner of said Section 2; Thence S87'39'53 "W, a distance of 717.63 to a point on the south line of said parcel, being the Point of Beginning; Thence N16'46'29 "W, a distance of 22.38 feet to a point on the north line of said Section 2 and the north line of sold parcel, being the Point of Terminus. From which the Northwest Corner of said Section 2 bears 589'22'53 "W, a distance of 1921,42 feet. The side lines of said easement shall be either lengthened or shortened to intersect the North and South line of said parcel, being the Point of Terminus and the Point of Beginning. Client did not want rights -of -ways and easements - BASIS OF BEARING Basis of bearing being the North line of the Northwest one — quarter of Section 2, monumented on the west by a 3 1/4" aluminum cap, marked PLS 24941 and on the east by a 3 1/4" aluminum cap, marked PLS 7735 and considered to bear N89'22'53 "E. • �••• CERTIFICATE OF SURVEYOR I, Lyle G. Bissegger, a Registered Land Surveyor in the State of Colorado, do hereby certify that, to the best of my knowledge, information, and belief, this map was prepared from field notes taken during an actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. Lyle G. Bissegger, PLS No. 38038 for and on behalf of Nolte Associates, Inc. LIC F PD0 E .•• "•�••'•• NOTES �.: � B S`SF0 sC�0 1. The accompanying plot does not constitute a boundary survey. � m 2. Easement centerline may not represent the location -' 3 'U of the pipeline. - Q 08������ 0 3. Client did not want rights -of -ways and easements - • • 1 shown T 4. Distances and Bearings shown are relative to UTM • �••• Zone 13 North NAD 83. All distance shown are US Survey Feet. LII1 5. Combined adjustment factor: 0.99960 (grid to Ground). B E Y O N D E N G I N E E e I N G Nn. GATE BY DESCRIPTION PRDJ. ID APPR. I cc t9i50.E5E <RCHPKWY, SURE t65 COLOPFUO S%i . 80920 TEL EP% wNOLTEXOM 916.fi01.1500 9tb fiOl.9]3] WWW NOLE.COM RE.VIS IEli NS Divlslom ROCKY MOUNTAIN I na , Area PUEBLO - state: COLORADO ca. /Para PuEBLD LAND PLAT Colorado Sectlorc LINE 248A -16" 2 Townshlp, 19S Range: 64W ep Interstate Gas AGUILAR LATERAL an El Pasoc Dft CLH Hate. 08/05/09 Project IDS 12696 - -- -- - om P an y 182f 788 EASE 10/16/2009 03:42:47 PM :hb _GB Hate: 08/05/09 Scale: AS SHDb pa e: 5 of 7 R 36.00 D 0.00 T 36.00 heeb 1 of 1 Rev, Appr: Date: lenane� Gilbert Ortiz �IC llerkIRecorderr. , Pueblo County. C�o N{{�'{ ) ' 5 T 0248 -AU -014( 1111 x•1 Iltl 7 l E ftlllr, III W W�JNa 1717 1017117 yPe: ACRD 13, 2009 - 2:21PM EXHIBIT A NOG'02'54 "E 1889.10 WARRANTY DEED AND RIGHT OF REVERSION REC. NO. 1754110 PARCEL B -1 — PROPOSED PIPELINE AND EASEMENT REFERENCE LINE PUEBLO SPRINGS RANCH WARRANTY DEED AND RIGHT OF REVERSION REC. NO. 1754110 PARCEL A k 5 5� C�rOk� �h. LEGEND 0 SECTION CORNER (FOUND AS NOTED) QUARTER CORNER (FOUND AS NOTED) WARRANTY DEED AND RIGHT OF REVERSION REC. NO. 1754110 PARCEL B -1 — P. o. T. 21.50' TYP NOC'36'13 "W 692.75' FIND 3 1/4" ALUM. CAP FOR THE E 1/4 CORNER OF SEC 9, T18S, R64W MARKED PLS 7735 PUEBLO SERVICE CO. BOOK 1769, PG 697 w o 5 ciF'G 0 ON m ��s M N21'08'08 "W 61.30' ExISTwc LINE 9A P.O.C. END 3 1/4" ALUM CAP FOR THE SE CORN R OF SEC 9, T18S, R64W MARKED PLS 7735 P. o. B. POINT OF BEGINNING SCALE: 1 = 200' P-0 C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS 61.30 FEET 3.72 RODS 0.07 ACRES 0 100 200 EASEMENT DESCRIPTION . A 50.00 foot wide easement for pipeline purposes, being a portion of the Southeast one- quarter of, Section 9 Township., 18 South, Range 64 West of the Sixth Principal Meridian and a portion of a parcel 'described as Parcel B -1 in a document recorded at Reception No. 1748310 and re- recorded at Reception No. 1754110 in the Pueblo County Clerk and Recorders Office, the side lines of said easement lie parallel and perpendicular 25.00 feet each side of the following described centerline: Commencing at the Southeast Corner of said Section 9; Thence NOO'36'13 "W along the east line of said Southeast one - quarter, a distance of 692.75 to a point on the east line of said parcel, being the Point of Beginning; Thence N21'08'08 "W, a distance of 61.30 feet to a point on the west line of said parcel, being the Point of Terminus. From which the East Quarter Corner of said Section 9 bears N00'02'54 "E, a distance of 1889.10 feet. The side lines of said easement shall be either lengthened or shortened to intersect the West and East line of said parcel, being the Point of Terminus and the Point of Beginning. BASIS OF BEARING Basis of bearing being the East line of the Southeast one - quarter of Section 9, monumented on the south by a 3 1/4" aluminum cap, marked PLS 7735 and on the north by a 3 1/4" aluminum cap, marked PLS 7735 and considered to bear 500'36'13 "E. CERTIFICATE OF SURVEYOR I, Lyle G. Bissegger, a Registered Land Surveyor in the State of Colorado, do hereby certify that, to the best of my knowledge, information, and belief, this map was prepared from field notes token during on actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown._ Lyle G. Bissegger, PLS No. 38038 for and on behalf of Nolte Associates, Inc. NOTES 1. The accompanying plot does not constitute a boundary survey. 2. Easement centerline may not represent the location of the pipeline. 3. Client did not want rights -of -ways and easements shown. 4. Distances and Bearings shown are relative to UTM Zone 13 North NAD 83. All distance shown are US Survey Feet. 5. Combined adjustment factor: 0.99960 (grid to Ground). I 197 9 E E NO. DATE BY DESCRIPTION PROD ID APPR RE PR., sanE 11s an.a0. nO SIU.sl, Ca. 80910 916.60 t.11. TEE 916. W 9131 .. WWW. nLE<nN I REVISIONS m: ROCKY MOUNTAIN Op. Area r: COLDRADD Ca, /Par, or 9 Townships 185 R< CLH Date: 08/05/09 Protect LGB Date: 08/05/09 Scale: PUEBLO LAND PLAT PUEBLO LINE 24BA -16" ige� 64W AGUILAR LATERAL fD: _126965 -__ - _ - _ --- ___ - ___ --_. - 1821788 EASE 10/16/2009 03:42:47 PR Page: 6 of 7 R 36.00 D 0.00 T 36.00 Gilbert Ortiz ClerkfRecorcier, Puebl County, Co ®IIIr,6I d(,WHIO I ®IIII A Colorado e I Interstate Gas an El Paso company S treet- l of t 1 Rev. aL -147.5 Type: ACAD 13, 2009 - 2:19PM EXHIBIT A PROPOSED PIPELINE AND EASEMENT REFERENCE LINE PUEBLO SPRINGS RANCH WARRANTY NEED AND RIGHT OF REVERSION REC. NO. 1754110 PARCEL B -2 - PUEBLO SERVICE CO. �OOK 1769, PG 6 97� N22 8"W 23.29' N L O F THE S H A L F OF SE 4 lxaaill LEGEND fa SECTION CORNER (FOUND AS NOTED) lit QUARTER CORNER (FOUND AS NOTED) P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS 2129 FEET 1.41 RODS 0.03 ACRES EASEMENT DESCRIPTION P.O.C. FIND 3 1/4" ALUM. CAP FOR THE E 1/4 CORNER OF SEC 4, T18S, R64W MARKED PIES 7735 �E 111 SCALE: 1" = 200' IIIIIIII 0 100 200 A 50.00 foot wide easement for pipeline purposes, being a portion of the South one -half of Section 4, Township 18 South, Range 64 West of the Sixth Principal Meridian and a portion of a parcel described as Parcel B -1 in a document recorded at Reception No. 1748310 and re- recorded at Reception No. 1754110 in the Pueblo County Clerk and Recorders Office, the side lines of said easement lie parallel and perpendicular 25.00 feet each side of the following described centerline: Commencing at the East Quarter Corner of said Section 4; Thence S87'58'28 ° W, a distance of 2791.94 to a point on the south line of sold parcel, being the Point of Beginning; Thence N22'16'18 "W, a distance of 23.29 feet to a point on the north line of said parcel, being the Point of Terminus. From which the West Quarter Corner of said Section 4 boors N89'42'00 "W, a distance of 2435.89 feet. The side lines of said easement shall be either lengthened or shortened to intersect the North and South line of said parcel, being the Point of Terminus and the Point of Beginning. BASIS OF BEARING Basis of bearing being the North line, of the South Half of Section 4, monumented on the west by a 3 1/4" aluminum cap, marked PLS 38032 and on the east by a 3 1/4" aluminum cap, marked PLS 7735 and considered to bear N89'1 7'43 "E. CERTIFICATE OF SURVEYOR I, Lyle G. Bissegger, a Registered Land Surveyor in the State of Colorado, do hereby certify that, to the 'best of my knowledge, information, and belief, this map was prepared from field notes taken during an actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. P DO LIB ��. • •�•••'• .�� NOTES .• _1 �G.B SSFC sC 1. The accompanying plot does not constitute a boundary survey. i v �l i 2. Easement centerline may not represent the location —' 38038 .Z7 i of the pipeline. Of q i 3. Client did not want rights -of -ways and easements O i� / shown. • l 4. Distances and Bearings shown ore relative to UTM �•• ••• J Zone 13 North NAD 83. All distance shown are US Lyle G. Bissegger, PLS No. 38038 ��••'• Survey Feet. for and on behalf of Nolte Associates, Inc. A 5. Combined adjustment factor: 0.99960 (grid to Ground). ISIOUTE a E Y o N D E N G 1 N E E x t N c NO BATE BY LE��� GESCRIPTIDN PROJ. I➢ I APPR, 19)50. T LM 9aCIAL L165 CDIoWND SOemasco. co o sus s.1.lsaa T EL vse.u�.szn vu www.rvo.re.con REVISIONS m: ROCKY MOUNTAIN Op. Areal PUEBLO COLORADO Co. /Para PUEBLO LAND PLAT LINE 248A -16' Colorado �n: 4 Township: 18s Range 64W AGUILAR LATERAL e Cinterstate Gas CILIA Dates 08/05/09 Project ID: 126965 2: - -_An6lPaso 1821788 EASE 30/16/2009 03:42:47 PA LGB Date 08/05/09 Scale: AS SHOWN Page: 7 of 7 R 36.00 D 0.00 T 36.00 Gilbe Ortiz C /IRe■ccorrldelrl, t1PuuItebllloot County, Cc �fEI Sheetst of Re Date, v. ilen0248 -AU- 0150.5 mill n''�I ll.larll ■�IIII�I�■1 ■IIIIII� ®1111 TYP e, ACAB FND 3 1/4" ALUM. CAP WARRANTY DEED AND FOR THE W RIGHT OF REVERSION 1 4 CORNER / REC. N0. 1754110 p O OF SEC 4, PARCEL B -1 N89'42'00 "W T18S, R64W 2435.89' y MARKED PLS 38032 PUEBLO SPRINGS RANCH WARRANTY DEED AND � 1 � 0' RIGHT OF REVERSION REC. NO. 1754110 0 � PARCEL A LEGEND fa SECTION CORNER (FOUND AS NOTED) lit QUARTER CORNER (FOUND AS NOTED) P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.O.T. POINT OF TERMINUS 2129 FEET 1.41 RODS 0.03 ACRES EASEMENT DESCRIPTION P.O.C. FIND 3 1/4" ALUM. CAP FOR THE E 1/4 CORNER OF SEC 4, T18S, R64W MARKED PIES 7735 �E 111 SCALE: 1" = 200' IIIIIIII 0 100 200 A 50.00 foot wide easement for pipeline purposes, being a portion of the South one -half of Section 4, Township 18 South, Range 64 West of the Sixth Principal Meridian and a portion of a parcel described as Parcel B -1 in a document recorded at Reception No. 1748310 and re- recorded at Reception No. 1754110 in the Pueblo County Clerk and Recorders Office, the side lines of said easement lie parallel and perpendicular 25.00 feet each side of the following described centerline: Commencing at the East Quarter Corner of said Section 4; Thence S87'58'28 ° W, a distance of 2791.94 to a point on the south line of sold parcel, being the Point of Beginning; Thence N22'16'18 "W, a distance of 23.29 feet to a point on the north line of said parcel, being the Point of Terminus. From which the West Quarter Corner of said Section 4 boors N89'42'00 "W, a distance of 2435.89 feet. The side lines of said easement shall be either lengthened or shortened to intersect the North and South line of said parcel, being the Point of Terminus and the Point of Beginning. BASIS OF BEARING Basis of bearing being the North line, of the South Half of Section 4, monumented on the west by a 3 1/4" aluminum cap, marked PLS 38032 and on the east by a 3 1/4" aluminum cap, marked PLS 7735 and considered to bear N89'1 7'43 "E. CERTIFICATE OF SURVEYOR I, Lyle G. Bissegger, a Registered Land Surveyor in the State of Colorado, do hereby certify that, to the 'best of my knowledge, information, and belief, this map was prepared from field notes taken during an actual survey made by me or under my direct supervision and that this map correctly shows the results of said survey and that the monuments found are as shown. P DO LIB ��. • •�•••'• .�� NOTES .• _1 �G.B SSFC sC 1. The accompanying plot does not constitute a boundary survey. i v �l i 2. Easement centerline may not represent the location —' 38038 .Z7 i of the pipeline. Of q i 3. Client did not want rights -of -ways and easements O i� / shown. • l 4. Distances and Bearings shown ore relative to UTM �•• ••• J Zone 13 North NAD 83. All distance shown are US Lyle G. Bissegger, PLS No. 38038 ��••'• Survey Feet. for and on behalf of Nolte Associates, Inc. A 5. Combined adjustment factor: 0.99960 (grid to Ground). ISIOUTE a E Y o N D E N G 1 N E E x t N c NO BATE BY LE��� GESCRIPTIDN PROJ. I➢ I APPR, 19)50. T LM 9aCIAL L165 CDIoWND SOemasco. co o sus s.1.lsaa T EL vse.u�.szn vu www.rvo.re.con REVISIONS m: ROCKY MOUNTAIN Op. Areal PUEBLO COLORADO Co. /Para PUEBLO LAND PLAT LINE 248A -16' Colorado �n: 4 Township: 18s Range 64W AGUILAR LATERAL e Cinterstate Gas CILIA Dates 08/05/09 Project ID: 126965 2: - -_An6lPaso 1821788 EASE 30/16/2009 03:42:47 PA LGB Date 08/05/09 Scale: AS SHOWN Page: 7 of 7 R 36.00 D 0.00 T 36.00 Gilbe Ortiz C /IRe■ccorrldelrl, t1PuuItebllloot County, Cc �fEI Sheetst of Re Date, v. ilen0248 -AU- 0150.5 mill n''�I ll.larll ■�IIII�I�■1 ■IIIIII� ®1111 TYP e, ACAB 1821787 5T RUTH 10/16/2009 03:42:47 PM Pan 1 of 3 R 6.00 0 0.00 T 6.00 Gi lbart Ortiz Clerk /Recorder, Pueblo County, Cc mill Wri IV IVII AW&A w1 w rKIW IA 1014 11111 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38 -30 -172, the undersigned herby executes this Statement of Authority on behalf of Colorado Interstate Gas Company, a Delaware General Partnership an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity is Colorado Interstate Gas Company (state type or entity and state, counvy, or other governmental authority tinder whose laws such entity is limned) The mailing address for the Entity is 2 North Nevada Ave, Colorado Springs, Colorado 80903 The name or position of the person authorized to execute instruments conveying, encumbering, or other affecting title to real property on behalf of the Entity is: David Anderson, Mana_er , Land Department The limitations upon the authority of the person named above or holding the position described above to bind the Entity areas follows: NONE (it no limitations, insert "None' ) Other matters concerning the manner in which the Entity deals with no other matters, leave this section blank) -eA EXECUTED this day of Signature: Name (typed or printed): Title (if any): STATE OF `o AO ao ) ) ss. COUNTY OF / ) In real M The foregoing instrument was acknowledged before me this /q day of by t � _ T eJLnQ on behalf of W on as Ca .n tar. a_bala -Ai 1, 0 Witness my hand and Ifficial seal. ' MY ctimnlissionexpires: M&V D/_