HomeMy WebLinkAboutC05-131 Kinder Morgan
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NATURAL GAS LINE EASEMENT DEED AND VACATION
THIS NATURAL GAS LINE EASEMENT DEED ANQ VACATION (hereinafter "Gas line
Easement Agreement") is made this N- day of ~{l.L , 2005, between the Board of
County Commissioners, County of Eagle, State of Co orado (hereinafter "Grantor"), and Kinder
Morgan, Inc., a Kansas corporation with a business address of P.O. Box 281304, Lakewood, CO
80228-8304, its successors and assigns, (hereinafter "Grantee").
WITNESSETH:
Grantor is the owner of certain real property situated in the S 1/2 of Section 2, Township 5 South,
Range 85 West of the Sixth Principal Meridian, County of Eagle and State of Colorado described
as follows:
See attached EXHIBIT' A '
Grantee is desirous of accepting an easement (hereinafter "Gas line Easement") on the real
property for the purposes of surveying, constructing, installing, inspecting, maintaining,
renewing, repairing, removing, replacing, and operating a gas line and appurtenances, for the
transportation of natural gas.
Grantor has previously granted to Grantee a gas line easement (hereinafter "Original Gas line
Easement") for the above-mentioned purposes at a location and under the terms and conditions
as described in the grants of easement recorded in the Clerk and Recorder's Office of Eagle
County at Reception Numbers 405718 and 408176, attached hereto as Exhibits "B" and "C",
incorporated herein by this reference.
Grantee and Grantee are desirous of changing the location of the Original Gas line Easement to
the new location proposed on Exhibit "A" for the purpose of accommodating a potential runway
extension at or near the real property.
Grantor and Grantee are desirous of granting this new location for the Gas line Easement and
vacating the location of the Original Drainage Easement under the terms, conditions and
agreements hereof.
1
GRANT OF GAS LINE EASEMENT:
For the consideration set forth herein and other valuable consideration, the sufficiency of which
is hereby acknowledged, Grantor hereby grants to Grantee, a non-exclusive easement for the
purposes of surveying, constructing, installing, inspecting, maintaining, renewing, repairing,
removing, replacing, and operating a gas line and appurtenances at a location and on a route
shown on the attached Exhibit "A."
This Gas line Easement shall replace and supersede the location of the Original Gas line
Easement as set forth hereunder.
Grantor further grants to Grantee the right of ingress to and egress from the Gas line Easement
over and across the real property by means of roads and lanes on such property, if such exist,
otherwise by such route or routes as shall occasion the least practicable damage and
inconvenience to Grantor.
Grantor reserves the right to use and enjoy the real property to the fullest possible extent without
unreasonable interference with the exercise by Grantee of the rights granted in this Gas line
Easement Agreement. Without limiting the foregoing, Grantor reserves the right to fence the
whole or any part of the boundaries of the easement, to build fences crossing the easement, and
to place along, across, over and through the easement as many runways, roads, streets, sidewalks,
passageways, electric and power lines, waterlines, sewer lines, gas lines, telephone poles,
telephone lines and other utilities as Grantor may desire subject only to the right of Grantee to
use the same for purposes herein granted provided however, Grantor shall not permit the
construction of other utilities or improvements within the easement that, in the sole and
reasonable opinion of the Grantee, will interfere with the Grantee's operation of its gas line.
Grantee shall have no right to locate any surface installation on any part of the easement without
the prior written permission of Grantor, such permission to not be unreasonably withheld. A
valve set already exists on this easement and shall be permitted under this easement grant.
Grantee shall promptly backfill any trench made by it on the real property and repair any damage
it shall do the Grantor's property.
Grantee acknowledges that Grantor reserves the right to further develop or improve the landing
area of the Eagle County Airport as its sees fit.
Grantee further acknowledges that Grantor reserves the right to maintain and keep in repair the
landing areas of the Airport and all publicly owned facilities of the Airport, together with the
right to direct and control all activities of Grantee in this regard.
Grantee acknowledges that Grantor reserves the rights to take any action it considers necessary
to protect the aerial approaches of the Airport against obstruction, together with the right to
prevent Grantee from erecting, or permitting to be erected, any building or other structure on or
adjacent to the Airport which, in the opinion of the Grantor, would limit the usefulness of the
Airport or constitute a hazard to aircraft.
2
Grantor reserves the right to use the real property for purposes necessary for the operation of the
Eagle County Regional Airport. In the event such use interferes with Grantee's full enjoyment of
the rights granted herein and necessitates, in either the reasonable opinion of the Grantor or
Grantee, the removal and relocation of the gas line, Grantor hereby agrees to pay the cost of such
removal and relocation.
Grantee agrees to be fully liable for all injuries to persons or damage to property resulting from
the surveying, constructing, installing, inspecting, maintaining, renewing, repairing, removing,
replacing, operating, or any other use associated with the Gas line Easement, and shall hold
harmless Grantor and its commissioners, boards, employees, agents and insurers, from any and
all claims, suits, costs, losses and expenses that may in any manner result from or arise out of
Grantee's use of the Gas line Easement.
V ACA TION OF ORIGINAL GAS LINE EASEMENT:
The grants of the Original Gas line Easement appear twice in the records of the Eagle County
Clerk and Recorder's Office. First at Book 509, Page 538 and again at Book 511, Page 998.
These grants of easement are attached hereto as Exhibits "B" and "C" respectively. These
collective documents identifY three easements knows as Easement "A", Easement "B", and
Easement "C". Those easements in Exhibits "B" and "C" identified as Easement "A" and
Easement "B" shall comprise the Original Gas line Easement being vacated herein. That
easement in Exhibits "B" and "C" identified as Easement "C" is for a location separate from that
being vacated by this Gas line Easement Agreement and is specifically not vacated by this
Agreement
Except as set forth immediately below, release is hereby given by Grantee Easements "A" and
Easement "B" as identified in the grants of easements attached hereto as Exhibits "B" and "C".
Grantee, for good and valuable consideration, the receipt and sufficiency of which are hereby
confessed and acknowledged, releases the easement location described in this paragraph, it being
the intention of the parties to terminate said easement location.
Any reference to Easement "C" identified in the attached Exhibits "B" and "C" shall remain in
full force and effect and is not being vacated by this Gas line Easement.
MISCELLANEOUS:
This Gas line Easement Agreement is granted subject to prior, recorded grants of easements.
This Gas line Easement Agreement shall be governed and construed in accordance with the laws
of Colorado. Venue for any action arising out of any dispute pertaining to this Gas line
Easement Agreement shall be in Eagle, Colorado.
This Gas line Easement Agreement and the rights and obligations created hereby shall be binding
upon and inure to the benefit of the Grantor and Grantee and their respective successors and
assigns. Nothing herein expressed or implied is intended or should be construed to confer or
3
give to any person or entity other than the Grantor or Grantee and their respective successors and
assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or
condition herein contained.
If any portion of this Gas line Easement Agreement is held invalid or unenforceable for any
reason by a court of competent jurisdiction, such portion shall be deemed severable and its
invalidity or its unenforceability shall not affect the remaining provisions; such remaining
provision shall be fully severable and this Gas line Easement Agreement shall be construed and
enforced as if such invalid provision had never been inserted into this Gas line Easement
Agreement.
This Gas line Easement Agreement may be amended, modified, changed, or terminated in whole
or in part only by written agreement duly authorized and executed by both Grantor and Grantee.
This Gas line Easement Agreement represents the full and complete understanding of the
Grantor and Grantee and supersedes any prior agreements, discussions, negotiations,
representations or understandings of Grantor and Grantee with respect to the subject matter
contained herein.
IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this Gas line Easement
Agreement on the date set forth above.
ATTEST: COUNTY OF EAGLE, STATE
OF COLO DO, by and through Its
BO OF OUNTY COMMISSIONERS
.
BY:
Arn M. Menconi, Chairman
KINDER MORGAN, INC, a Kansas
corporation
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me by Da..-n:t:.-I G. vJ~(Jn
4
as P~s;kf, R~I of Kinder Morgan, Inc. this 1. /td day of
2005.
My commission expires: Novtitrnbu i~ 20()~
,
G:\bryan\nisc\kinder morgan easement and vacation
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\\ GRANt 01' EASEMENT
E\?'; The County of Eagle, State of Colorado, by and th~ou9h its
Board of Commissioners (hereinafter "Grantor" or "Eagle r'"
\/<. County"), owner of.land described as the Eagle County Regional C
\~ Airport, in consideration of Ten Dollars ($10.00), receipt of p.
-
..-
which is acknowledged, hereby grants, bargain, sells and conveys -
.....
to.
'h"'~""
I
Rocky Mountain Natu~~l Gas, a division of K N Energy, Inc. ~~
(hereina fter nGrantee ") , install, (,9
the right to excavate tor,
replace, maintain, and use such pipelines as Grantee shall from
time to time elect for transporting gas, with necessary and
proper valves and other appliances and fittings, and devices for ~I
controlling electrolysis for use in connection with such pipe-
lines, together with adequate protection therefor, and also a . &
right-ot-way, within the strips ot land described as Easement
"An, Easement "Bn and Basement "C" shown on the attached map M'J
entitled "Gas Line Easements". .~
Grantor turther grants to Grantee: "
The right to grade the strips of real property for the ~
(a)
full width of such strips and to extend the cuts and fills for i
such grading into and on the real property along and outside of w
.....J
the strips to such extent as Grantee may find reasonably ClJU
..
necessary; ...>
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(b) The right to support the pipelines across ravine~ and m~
watercourses with such structures as Grantee shall deem "'-U
(tw
necessary; 'g
~
(c) The right of ingress to and egress from the strips
over and across the real property by means ot roads and lanes ~~
on such property, if such exist, otherwise by such route or
routes as shall occasion the least practicable damage and ci.:J
.J
inconvenience to Grantor; provided that such right in ingress !!
and egress shall not extend tf,) any portion of the real property
that is isolated from the strips by any publiC road or highway
now crossing or hereafter crossing the real property; provided, l-
~
~urther, that if any portion of the real property is or shall n
be subdivided and dedicated roads or highways on such portion
shall extend to the strips, the right of ingress and egress on
the portion shall be ccnfined to such dedicated roads a.nd
hi9hways;
(<1) The right of grading for, constructing, maintaining,
and usin9 such roads on and across the real property as grantee
may deem necessary in the exercise of the right of ingress and
egress or to provide access to adjacent real property;
(e) Theriqht' from. time to time to trim and to cut down
and clear away any and all trees and brush now or hereafter on
the strips and to trim and to cut down and clear away any trees
on either side of th~ strips that now or hereafter in the
opinion of Grantee may be a hazard to the pipelines, valves,
appliances, or fittings, by reason of the danger of f,alling on
such strips, or may interfere with the exercise of Grantee's
rights under this instrument; provided, however, that all trees
that Grantee is hereby authorized to cut and remove, if valuable
for timber or wood, shall continue to be the property of
Grantor, but all tops, lops, brush and refuse wO?d shall be .II')
burned or removed by Grantee, at Grantee's sole expense; .LI..
c
ef) The right to install, maintain, and use gate~in all N
fences that now cross or shall hereafter cross the strips; !
(g). The right to mark the location of the strips by
suitable markers set in the ground; provided that such markers
shall be placed in fences or other locations. that will not r:i
int-erfere with any reasonable use Grantor shall make of the .:
strips. ~
gj
Grantor hereby covenants and agrees: .~
..
(a) Grantee shall not fence the s~rips;' ~
(b) Grantee shall promptly backfill any trench made by it It!
on the strips and repair any damage it shall do to Grantor' s ~
private roads or lanes on the real property; cl
0'
(e) Grantee shall indemnify and hold Grantor harmless from ~
and against any and all loss and damaqe that shall be ca\Jsed by cb
the e:1:ercise of the rights of ingress and egress or by any
wrongf\Jl or negligent act or omission of or of its agents or :2
employees in the course of their employment. i
Grantee acknowledges that Eagle County reserves the right ~
to further develop or improve the landing area of the Airport
a.s it sees fit, regardless of the desires or view of the
Gr&ntee, and without interference or hindrance.
""-"'~'("' ',----"-,-,,-,, (
"
.
Grantee furt,her acknowledges that Eagle County reserve$ the
right to maintain and keep in repair the landing areas of the
Airport and all publicly owned facilities of the Airport ,
together with the right to direct and control all activities of
Grantee in this regard.
Grantee acknowledges that Eagle County reserves the rights
to take any actio~ .+t considers necessary to protect the aerial
approaches o,f the Airport against obstruction, together wi thtbe
right to prevent Grantee from erecting, or permitting to be
erected, any building Or other structure on or adjacent to the
Airport which, in the opinion of the County, would limit the
usefulness of the Airpdrt or constitute a hazard to aircraft.
;,.,
Grantor reserves the right to use the strips for purposes =
t"'t
necessary for the operation of the Eagle County Regional -
-
-
Airport. In the event such use interferes with Grantee's full -
enjoyment of the rights granted herein by requiring the removal
and relocation of thf: pipeline, Grantor hereby agrees to pay the n
cost of such re.moval and relocation. .. · ~
IN WITNESS WHEREOF, signed this 27th day of June, 1989. ,.,
GRANTOR: !
COUNTY OF EAGLE, STATE OF ..,.
COLORADO, By and Through Its (lJ
..
BOARD OF COUNTY COMMISSIONERS ....
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GRAN'l'EE : i
ROCKY MOUNTAIN NATURAL GAS, a t1
Division of K N Energy, Inc., Q)
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By: GIo j~e.~ ' ,
Richard C. Hi ~ Ifelt
Eagle District Manaqer
. .
STATE OF COLORADO )
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County of Eagle )
The foregoing was acknowledged before me this ~ day
of June, 1989, by Richard L. Gustafson and Johnnette Phillips,
a.s Chairman and Clerk respectively of the EAgle County Board of
Commissioners.
, ..
'" WITNESS my hand and of~icial seal.
",,,.,.,,,,,-,, ",. .'
;/ QH'J}VMy commission expires .
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IY1fJ1,j, f(jJ/ff
Notary P lic
.
STATE OF COLORADO )
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County of Eaqle) "~
The fOf. egoin9 was acknowledged before me this 5ruJ.. " day
of r-tilk'- , 1989, by Richard C. Mitzelfelt, as Eagle
Distri Ma ger of Rocky Mountain Natural Gas, a division of '~
K N Energy, Inc. " .:
...
WITNESS my hand and official seal. m
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My comrtU:ssionexpires (1 ~r '119 / . ' ~
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" Notary Public d.
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LEGAL DESCRIPTION Exh ib it ' A'
A 30 foot wide strip of Land situated in Parcel A of Hoffman Exemption Plat, being
located in Tracts 51 and 53 in Section 2, of the Independent Resurvey of T.5S.. R.85W..
of the 6th P.M.. County of Eagle, State of Colorado. being described as follows:
Commencing at Comer No.1 of Tract No. 54 of said Independent Resurvey from whence
the Comer No. 3 of Tract No. 53 Bears on a Record Bearing of N89'08'13"W a Record
distance of 2641.29 feet;
Thence N0732'40-E a distance of 475.26 feet to the Point of Beginning;
Thence over. under and across said Parcel A of Hoffman Exemption Plat the following
four (4) courses:
1.) N08"10'54"W a distance of 972.62 feet;
2.) A Non-Tangent Curve Left along the Southerly R.O.W. of U.S. Highway No.6, from
whence the Radius Point Bears NOO"08'38-E a Radial distance of 5675.59 feet. having
a Delta Angle of 00"18'21- and an Arc of 30.31 feet;
3.) S08"10'54-E along the Easterly Une of said Parcel A, a distance of 968.31 feet;
4.) S81-49'06"W a distance of 30.00 feet to the Point of Beginning.
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Comer No. 3 I__J
sTreet ~. ~3--A -L- _ _ N89'08 '13"W 2641.29'
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406176 i!l-:U t J:'h-9<J8 Hli:af89 1";58 P61OF5 REC t)I()C
;~1n:: PHILLIPS EAlilt.E: t."'OUNTV Cl,ERt< ....N fit.._
..., 01" US_ft
1.'he.<:ounty 01 &avt.# aa" 01 COloaclo, by and tbrou9bite
Boa:cd()f CCU11I u; ..toners (hereinafter. -Grantor" or "EA91e
County"'), ~X' of . land deacr.tbed .. the Ea91e County Jteg'i.onal
U~lI'in COO$1.s.zat.ion of Ten Dollara ($10..00), receipt of
vbieb 1. aeknow14ldged, hereby granta,bargain, sells andconveya
to
..
ItockJ' lIountai.D lIKuzal Gu, a cU."t.ioo oL .._......, Inc.
(hexe.1nafter -Grantee") I the ri9bt to excavate for, inatall,
replace, Jldntdn, and ua. sucb pipet!,*, .sGr...,tee eball troa
ti.. to tiM eleet for tranaJ?Orting gas, with ~..xy and
propv valv.. .ndother appliancu.and fittiDg'a" ..aiad dericea ~or
controlling' electrolysis' tor u..in connection If1tb sucb pipe-
lines, together witb a.c:Sequate protection tbeRf'or, . ADd. alao a
r.ight-o~-way, within the atripaof land deacrtbeid as __..at
-a"', ___.ant ... aDd ca..,r:rlnt we- shown OA tbe attached -p
entitled "Gas Line Easements""..
Grantor turther grant. to Grant..: i
fa) The right to grade tbe strips of real property for the s
'.-
full widtb of such strips and to. .extend the cou and. fills for -
-
auch gradio; into and on tbe real pxopertyalong and out.ide of
the strips to .such extent as Grantee .,find rea.aoaably
necessary ; .
lb) 'l'berigbt to support thepipelinea across ravine. and
".tercourses with such st%'W:i:tlU'e.s a. Grantee shall. deem
neeea.sary:
(e) 1'be r!CJht of inqres. to and f!cp:es. .f'ro. the strips
over andacrosa the real property by ..ana ofroada andlane$
on such property, if such exist., otberw1.se by such route or
routes as ~b.all occasion the least practicable daaaqe and
inconvenience 1.0 Grantor; provided tbat such right in 1nqr...
and eqre.s shall not extend to any portion of the real property
that is isolated Ir..- the at rips by any public road or highway
now cro..inq or bereafte:r croasing the real property; provided,
.furtber, tbat if any portion of the real property is or aball
bit subdivided and dedicated roads or hipay. on such portion
shall extend to the st.rip4, the rlqht of il19re.. and egress on
/>>
,. 4t\817f, a-51l P""998 0e/;2'<~/a9 Uh58 PG i! OF 5
the portion shall ....be confined to . such dedicated roads and
hi9h'l'1ays; .
(d) Th.right of grading for, constructing, Iftaintllining,
and uaing such roads on and across th. real property as grant...
may deem neceaoaryin the exercise of the right of inc;r.,s and
.9re~s or to provide access toaojacent real property;
. (e) Tbe riq,ht'frQll time to t~t.o trim and to cutdown
and clear away any and alltr..s and brush now or hereafter on
the strips and to trim and to cut clown and clear away any tr..s
on either sic:kt oEthe strips that now or hereafter in the
opinion of Grantee may. be a hazard to the pipelines, valves,
appliances, or fittings, by reason of the danger of falling on
such strips, or may interfere with th. exercise of Grantee'.
rights under this. instrument! provided, however, that all tree.
that G.rantee is hereby authorized to cut and remove, if valuable
for timber or wood, shall continue to be the property of
Grantor, but all tops, lopp, brush and refuse wood shall be
burned. or removed by Grantee, at Grantee's sole expense;
(f) The right to install, maintain, and us. gates in all
fences that now cross or shall hereafter cross theatrips:
(g) ~he right to mark the location of the strips by
suitable markers set in the ground, provided thatauch markers
shall be placed in fences or other locations that will not
interfere with any reasonable use Grantor shall make of the
strips . ~
~
. Grantor hereby covenants and agrees: i
-
<a) Grantee shall not1fance the strips;
(b) Grantee shall promptly backfill any trench made by it
on the strips and repair any damage it shall do to Grantor.s
private roads or lanes on the real property:
(c) GIantee shall indemnify and hold Grantor hatmless trom
and Against any and all loss and damage that shall be caused by
the exercise of the rights ofimlress and egress or by any
wrongful or negligent act or omission of or of its agents or
employees in the course of their employment.
Grantee acknowledges that Eagle County reserves the right
to further develop or improve the landing area of the Airport
as it sees fit, regardless of the desires or view of the
Grantee, and without interferenca or hindrance.
/f"'77:", Ji'f.""2!'?>,
, . ~0817E>
fJ-5.1 I P-9'98 08/212' 189 112); !Ie PGJOF5 .
Grantee furtheracknowledwea ~bat SogleCounty .re#erves the
right to JIWlintail'land keep in repair the "andin9 areas of the
Airport and all. publicly owned facilities of the <Airport ,
together with the right to direct and control all activities of
Grant.. in this re<Jard.
Grantee acknowledges tbatEagle Cou.nty teaines the rights
to takeaoy action it considers necesaaryto proteCt the aerial
appro_Ohes of the Al'rport aga.inst obstruction, together with the
right to pr4itvent Grante. from erecting, or pIlm.tting to be
erected, any building or oth~r structure on or adjacent to the
Airport which, in the opinion of the County, would limit the
usefulness of the AirpOrt or constituteaba~ard to aircraft.
Grantor reserves the right to u.setbestrips for purposes ~
necessary for the operation of the .&4g1. County. Regional
Aixport. In the event such use interferes with Grant..' II full
enjoyment of the rights granted herein by requiring the r4lmOval
and relocation of the pipeline, Grantor hereby agrees to pay the .
cost of such removal and relocation.
IN WITNESS WSEP.EOF, signed this 27th day Qf June, 1989.
GIWr1'OR:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Ita
BOARD oF"cpuNTY CC>>IHtSSIONERS
'" \
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":
..
lark of the Board 0 -
. -
County Commissioners
GaAlI'!'SE :
ROCKY MOUNTAIN NATURAL GAS, a
Divi$ion of K N Energy, Inc.,
By: @<~ e ~fJf9.
Richard C. Hit felt
Eagle District Manager
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. . . .
41il6t 76, &.-,"" J 1 ...
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STATE OF COLORADO ' )
) aa
County of Eagle )
The, f()~.9oin9,va. acknowledged befo~. me this ..L.1::t&- day
of J~, 1989,by IUc~l'd L. Gustafson ,and JobMette Phillipa,
as Cbairaa.nand Clerk r..~ct1vely oft;beEa91e County Board of
'Ct'.alAiasionera.
. .
",",;"",.;"~'1'NESS lilY b4nd and of~icl.1 a..l.
;<,j.:/~', ~A::\ " , ,',."'.." . . dd "
')!~,i.)' ~>~'COllllldS.lon.xpires ..i:J..l.dqcJ.:
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S4fATE'.or COLOJW)O)
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CountyC)f Eat!.. F
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the foreg()ing wa.aeJtnowl.dg~ before ... thiaSro:L... day'
of cl ~- .' 1989, by Richard C.Mit&elfelt,.<.~. Eagle
Diatri - '981' of R.ccky Mountain Natural Ga.,. d1!lsion of
K H Energy, Inc. '
WITNESS my . hand and official aeal.
.
. My commisa!.m expire. .."rdOI9CfI' .
{1~ t3.~i~~
Notary Public
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