Free Notice (Other) - District Court of Colorado - Colorado


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State: Colorado
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Case 1:02-cv-01841-MSK-MJW Document 101-3 Filed 05/01/2006 Page 1 ofof 16 Case 1:02-cv-01841-MSK-MJW Document 85 Filed 11/15/2006 Page 1 16

THIRD AMENDED SCHEDULE B RIDGES BASIN DAM AND RESERVOIR ANIMAS-LA PLATA PROJECT

Gas Pipeline Relocations: Parcel Nos. RBR-12A(P), RBR12A-1(P), RBR-12A-2(P), RBR-12A-3(P), RBR-12A-4(P), RBR-12A-5(P), RBR-12B(P), RBR-12B-1(T), RBR-12B-2(T), RBR-12B-3(T), RBR-12B-4(P), RBR-12B-5(T), RBR-12B-6(T), RBR-12B-7(T), RBR-12B-8(T), RBR-12B-9(T), 69.93 acres, more or less in Perpetual and Temporary Easements. Inlet Conduit for Ridges Basin Dam and Reservoir: Parcel No. RBR-12C(P), 47.61 acres, more or less in Perpetual Easement. Estimated Just Compensation: $234,000.00 (117.54 acres, more or less in Perpetual and Temporary Easements) GAS PIPELINE RELOCATIONS Estate Taken as to Parcel Nos. RBR-12A(P), RBR-12A-1(P), RBR-12A-2(P), RBR-12A-3(P), RBR-12A-4(P), RBR-12A-5(P), RBR-12B(P), and RBR-12B-4(P) (Perpetual Easements) Perpetual Easements to construct, reconstruct, inspect, operate, protect, repair, and maintain a pipeline or pipelines over, under, on, and/or across said property, including any right to enter upon or cross said property. Subject to existing rights-of-way for roads and existing rights-of-way for public telephone lines, transmission lines, and other public utilities over, under, on, and/or across said lands. Excepting and reserving therefrom all coal, oil, gas, and mineral rights, more than 100 feet below the surface. Legal Description of Parcel No. RBR-12A(P) (Perpetual Easement): Being a description of a Seventy-five (75) foot wide Perpetual Easement out of Sections Eight (8), and Six (6), Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Seventy-five (75) foot wide Easement being Sixty-five (65) feet to the Left of and Ten (10) feet to the Right of the following described surveyed line. 1

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Commencing at a 2" pipe with an aluminum cap found at the Northeast corner of Section Seven (7) Township Thirty-four (34) North, Range Nine (9) West; thence South 03º 03'18" West along the East line of Section Seven (7) and the West line of Section Eight (8) for a distance of Twenty-two hundred Eighty-four and Nine Tenths (2284.9) feet to a West Quarter Corner of said Section Eight (8); thence South 86º 56' 42" East along the South line of the Northwest Quarter (NW1/4) of said Section Eight (8) for a distance of Four Hundred Seventy-six (476.0) feet to the Point of Beginning of the hereinafter described surveyed line. Said Point of Beginning having a station number of 16+78.4; thence North 12º 03' 14" East a distance of One Hundred Thirty-nine and Four Tenths (139.4) feet to a point with station number 18+17.4; thence North 08º 40' 44" West a distance of Two Hundred Twelve and Seven Tenths (212.7) feet to a point with station number 20+30.1; thence North 09º 18' 53" West a distance of One Hundred Forty-two and Eight Tenths (142.8) feet to a point with station number 21+72.9; thence North 01º 01' 25" East a distance of One Hundred Seven and Eight Tenths (107.8) feet to a point with station number 22+80.7; thence North 23º 04' 18" West a distance of Seventy-nine and Nine Tenths (79.9) feet to a point with station number 23+60.6; thence North 08º 45' 05" West a distance of Ninety-eight (98.0) feet to a point with station number 24+58.6; thence North 25º 23' 11" West a distance of Seventy-one and Eight Tenths (71.8) feet to a point with station number 25+30.4; thence North 21º 55' 05" West a distance of One Hundred Forty-eight and Two Tenths (148.2) feet to a point with station number 26+78.6; thence North 04º 04' 48" East a distance of One Hundred Eighty-six and Five Tenths (186.5) feet to a point with station number 28+65.1; thence North 14º 14' 57" West a distance of Ninety-two and Two Tenths (92.2) feet to a point with station number 29+57.3; thence North 03º 19' 34" West a distance of One Hundred Fifty-nine and Two Tenths (159.2) feet to a point with station number 31+16.5; thence North 52º 19' 35" East a distance of One Hundred Four and Seven Tenths (104.7) feet to a point with station number 32+21.2; thence North 17º 34' 27" East a distance of One Hundred Seventeen and Two Tenths (117.2) feet to a point with station number 33+38.4; thence North 05º 16' 32" East a distance of One Hundred Twelve and Three Tenths (112.3) feet to a point with station number 34+50.7; thence North 21º 14' 25" West a distance of One Hundred Fifteen and Nine Tenths (115.9) feet to a point with station number 35+66.6; thence North 33º 41' 08" West a distance of One Hundred Eleven and Four Tenths (111.4) feet to a point with station number 36+78.0; thence North 17º 57' 41" West a distance of Ninety-three and Six Tenths (93.6) feet to a point with station number 37+71.6; thence North 30º 35' 21" West a distance of Two Hundred Twenty-Six (226.0) feet to a point with station number 39+97.6; thence North 39º 55' 01" West a distance of Ninety-six and Six Tenths (96.6) feet to a point with station number 40+95.4 on the East line of Section Seven (7). Said point also being a point of exit from the above described tract. Said point being located South 03º 03' 18" West, a distance of Fifty-eight and Nine Tenths (58.9) feet along the East line of Section Seven (7) from the Northeast corner of said Section Seven (7). Reentering the above described tract of land on the North line of said Section Seven (7) at a point located South 85º 46' 33" West, a distance of Fortyeight and Nine Tenths (48.9) feet along the North section line of Section Seven (7) from the Northeast corner of said Section Seven (7). Said point of reentry having station 2

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number 41+66.7; thence North 39º 55' 01" West a distance of One Hundred Forty-eight and Six Tenths (148.6) feet to a point with station number 43+14.6; thence North 53º 31' 29" West a distance of Two Hundred Seventy-one (271.0) feet to a point with station number 45+85.6; thence North 60º 28' 03" West a distance of Three Hundred Twentyfour and two Tenths (324.2) feet to a point with station number 49+09.8; thence North 71º 51' 31" West a distance of Two Hundred Thirty-nine and One Tenth (239.1) feet to a point with station number 51+49.9; thence North 35º 02' 49" West a distance of Three Thousand Five Hundred Seven (3507.0) feet to a point with station number 86+55.9; thence North 34º 27' 36" West a distance of Fifteen Hundred Five and Two Tenths (1505.2) feet to a point with station number 101+61.1; thence North 59º 24' 47" West a distance of Eighty-six and Four Tenths (86.4) feet to the point on the West line of the above described tract with station number 102+48.2. Said point also being the point of Terminus of the above described Seventy-five (75) foot wide Perpetual Easement, and being located South 00º 36' 03" West a distance of Sixteen Hundred Forty-Four (1644.0) feet from a 2" pipe with an aluminum cap found at the Northeast corner of Lot Eight (8) of Section Thirty-one (31), Township Thirty-four and One Half (34 ½) North, Range Nine (9) West. The total length of this easement being Eighty-four Hundred Ninety-eight and Five Tenths (8498.5) feet or Five Hundred Fifteen and Six Hundredths (515.06) rods. Parcel No. RBR-12A(P) contains a total of Fourteen and Forty-seven Hundredths (14.47) acres, more or less. AND ALSO; Legal Description of Parcel No. RBR-12A-1(P) (Perpetual Easement): Being a description of a Twenty (20) foot wide Perpetual Easement out of Sections Eight (8), and Six (6), Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 674415 to the Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Twenty (20) foot wide Parcel RBR-12A-1(P) is along, parallel and adjacent to the Left or Westerly side of Parcel RBR-12A(P). Said Parcel RBR-12A-1(P) beginning at station number 16+78.4 and ending at station number 18+18; thence beginning again at station number 86+07 and ending at station number 102+48.2; Total length of Parcel RBR-12A-1(P) being Seventeen Hundred Eighty and Eight Tenths (1780.8) feet or One Hundred Seven and Ninety-three Hundredths (107.93) rods. Parcel No. RBR-12A-1(P) contains Seventy-seven Hundredths (0.77) of an acre of land, more or less. 3

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AND ALSO; Legal Description of Parcel No. RBR-12A-2(P) (Perpetual Easement): Being a description of a One Hundred Eighty-five (185) foot wide Perpetual Easement out of Section Six (6), Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 674415 to the Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said One Hundred Eighty-five (185) foot wide Parcel RBR-12A-2(P) is along, parallel and adjacent to the Left or Westerly side of the Parcel RBR-12A(P). Said Parcel RBR-12A-2(P) beginning at station number 49+10, and ending at station number 51+50; Total length of Parcel RBR-12A-2(P) being Two Hundred Forty (240) feet or Fourteen and Fifty-four Hundredths (14.54) rods. Parcel No. RBR-12A-2(P) contains a total of One and Two Hundredths (1.02) acres of land, more or less. AND ALSO; Legal Description of Parcel No. RBR-12A-3(P) (Perpetual Easement): Being a description of a Seventy-five (75) foot wide Perpetual Easement out of Sections Thirtysix (36) and Thirty-five (35), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 674415 and Reception No. 709846 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Seventyfive (75) foot wide Easement being Ten (10) feet to the Right of and Sixty-five (65) feet to the Left of the following described surveyed line. Commencing at the Southwest corner of that certain Eighty-one and Thirty-six Hundredths (81.36) acre tract of land described in Reception No. 638831 to the Colorado Department of Health, and found in the deed records of La Plata County, Colorado. thence North 01º 50' 10" East with the West line of said tract a distance of One Hundred Thirty-six (136.0) feet to a bar found at the Southeast corner of the above described tract of land recorded in Reception No. 709846; thence South 85º 40' 32" West along the South line of the subject tract a distance of Two Hundred Eight and Three Tenths (208.3) feet to the Point Of Beginning. Said point of beginning having the station number 147+53.8; thence North 40º 07' 20" West a distance of Three Hundred Twenty-one and Four Tenths (321.4) feet to a point with station number 150+75.4; thence North 51º 36' 30" West a distance of Five Hundred Three and Four Tenths (503.4) feet to a point with 4

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station number 155+78.8; thence North 38º 04' 43" West a distance of Six Hundred Nine and Five Tenths (609.5) feet to a point with station number 161+88.3; thence North 29º 13' 50" West a distance of One Hundred Twenty-eight (128.0) feet to a point with station number 163+16.3; thence North 29º 00' 13" West a distance of Three Hundred Fifty and Two Tenths (350.2) feet to a point with station number 166+66.5; thence North 46º 15' 54" West a distance of Six Hundred Eighty-seven and Eight Tenths (687.8) feet to a point with station number 173+54.3; thence North 51º 28' 04" West a distance of Two Hundred Forty-six and Five Tenths (246.5) feet to a point with station number 176+00.8; thence South 85º 06' 30" West a distance of Twelve Hundred Twenty-five and Three Tenths (1225.3) feet to a point with station number 188+26.1; thence South 61º 55' 03" West a distance of Four Hundred Fifty-eight and Four Tenths (458.4) feet to a point with station number 192+84.5; thence South 53º 36' 31" West a distance of Two Hundred Seventy-four and One Tenth (274.1) feet to a point with station number 195+58.6; thence South 03º 29' 33" West a distance of Seven Hundred Forty-three and Eight Tenths (743.8) feet to a point with station number 203+02.4; thence South 24º 48' 14" West a distance of Five Hundred Sixty-four and One Tenth (564.1) feet to a point with station number 208+66.5; thence South 62º 49' 36" West a distance of Thirteen Hundred Five and Nine Tenths (1305.9) feet to a point with station number 221+72.4; thence South 68º 17' 31" West a distance of Two Hundred Thirty-seven and Six Tenths (237.6) feet to a point with station number 224+10.0; thence South 59º 46' 40" West a distance of One Hundred Sixty-six and One Tenth (166.1) feet to a point on the South line of the above described tract with station number 225+75.9. Said point also being a point of Terminus of the above described Seventy-five (75) foot wide Perpetual Easement and located South 85º 40' 32" West, Fifty-seven Hundred Seventy-seven and Seven Tenths (5777.7) feet from an iron bar found at the Southeast corner of the above described tract recorded in Reception No. 709846. The total length of this easement being Seventy-eight Hundred Twenty-two and One Tenth (7822.1) feet or Four Hundred Seventy-four and Seven Hundredths (474.07) rods. Parcel No. RBR-12A-3(P) contains a total of Thirteen and Twenty-seven Hundredths (13.27) acres of land, more or less. AND ALSO; Legal Description of Parcel No. RBR-12A-4(P) (Perpetual Easement): Being a description of a Forty-five (45) foot wide Perpetual Easement out of Section Thirty-six (36), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No.709846 to the Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Forty-five (45) foot wide Parcel RBR-12A-4(P) is along, parallel and adjacent to the Left or Southwesterly side of Parcel RBR-12A-3(P). 5

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Said Parcel RBR-12A-4(P) beginning at station number 150+75 and ending at station number 155+79. Total length of the Parcel RBR-12A-4(P) being Five Hundred Four (504) feet or Thirty and Fifty-four Hundredths (30.54) rods. Parcel No. RBR-12A-4(P) contains Fifty Hundredths (0.50) of an acre of land, more or less. AND ALSO; Legal Description of Parcel No. RBR-12A-5(P) (Perpetual Easement): Being a description of a Twenty (20) foot wide Perpetual Easement out of Section Thirty-six (36) and Thirty-five (35), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 674415 and Reception No. 709846 to the Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Twenty (20) foot wide Parcel RBR-12A-5(P) is along, parallel and adjacent to the Left or Southwesterly, South, and Southeasterly side of the Parcel RBR-12A-3(P). Said Parcel RBR-12A-5(P) beginning at station number 155+79 and ending at station number 161+88; thence beginning again at station number 172+04 and ending at station number 177+01; thence beginning again at station number 182+29 and ending at station number 184+40; thence beginning again at station number 186+96 and ending at station number 195+58; thence beginning again at station number 221+72 and ending at station number 224+10. Total length of the Parcel RBR-12A-5(P) being Twenty-four Hundred Seventeen (2417) feet or One Hundred Forty-six and Forty-eight Hundredths (146.48) rods. Parcel No. RBR-12A-5(P) contains a total of One and Seven Hundredths (1.07) acres of land, more or less. AND ALSO; Legal Description of Parcel No. RBR-12B(P) (Perpetual Easement): Being a description of a Seventy-five (75) foot wide Perpetual Easement out of Sections Eight (8), and Six (6), Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. The Westerly and Southwesterly boundary of said Seventy-five (75) foot wide Perpetual Easement being Ten (10) feet Easterly and Northeasterly of and running parallel with the following described surveyed line. 6

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Commencing at a 2" pipe with an aluminum cap found at the Northeast corner of Section Seven (7), Township Thirty-four (34) North, Range Nine (9) West; thence South 03º 03'18" West along the East line of Section Seven (7) and the West line of Section Eight (8) for a distance of Twenty-two Hundred Eighty-four and Nine Tenths (2284.9) feet to the West Quarter Corner of said Section Eight (8); thence along the South line of the Northwest Quarter (NW1/4) of said Section Eight (8), South 86º 56' 42" East, for a distance of Four Hundred Seventy-six (476.0) feet to the Point of Beginning of the hereinafter described surveyed line. Said Point of Beginning having a station number of 16+78.4; thence North 12º 03' 14" East a distance of One Hundred Thirty-nine and Four Tenths (139.4) feet to a point with station number 18+17.4; thence North 08º 40' 44" West a distance of Two Hundred Twelve and Seven Tenths (212.7) feet to a point with station number 20+30.1; thence North 09º 18' 53" West a distance of One Hundred Forty-two and Nine Tenths (142.9) feet to a point with station number 21+72.9; thence North 01º 01' 25" East a distance of One Hundred Seven and Eight Tenths (107.8) feet to a point with station number 22+80.7; thence North 23º 04' 18" West a distance of Seventy-nine and Nine Tenths (79.9) feet to a point with station number 23+60.6; thence North 08º 45' 05" West a distance of Ninety-eight (98.0) feet to a point with station number 24+58.6; thence North 25º 23' 11" West a distance of Seventy-one and Eight Tenths (71.8) feet to a point with station number 25+30.4; thence North 21º 55' 05" West a distance of One Hundred Forty-eight and Two Tenths (148.2) feet to a point with station number 26+78.6; thence North 04º 04' 48" East a distance of One Hundred Eighty-six and Five Tenths (186.5) feet to a point with station number 28+65.1; thence North 14º 14' 57" West a distance of Ninety-two and Two Tenths (92.2) feet to a point with station number 29+57.3; thence North 03º 19' 34" West a distance of One Hundred Fifty-nine and Two Tenths (159.2) feet to a point with station number 31+16.5; thence North 52º 19' 35" East a distance of One Hundred Four and Seven Tenths (104.7) feet to a point with station number 32+21.2; thence North 17º 34' 27" East a distance of One Hundred Seventeen and Two Tenths (117.2) feet to a point with station number 33+38.4; thence North 05º 16' 32" East a distance of One Hundred Twelve and Three Tenths (112.3) feet to a point with station number 34+50.7; thence North 21º 14' 25" West a distance of One Hundred Fifteen and Nine Tenths (115.9) feet to a point with station number 35+66.6; thence North 33º 41' 08" West a distance of One Hundred Eleven and Four Tenths (111.4) feet to a point with station number 36+78.0; thence North 17º 57' 41" West a distance of Ninety-three and Six Tenths (93.6) feet to a point with station number 37+71.6; thence North 30º 35' 21" West a distance of Two Hundred Twenty-six (226.0) feet to a point with station number 39+97.6; thence North 39º 55' 01" West a distance of Ninety-six and Six Tenths (96.6) feet to a point with station number 40+95.4 on the East line of Section Seven (7). Said point also being a point of exit from the above described tract. Said point being located South 03º 03' 18" West, a distance of Fifty-eight and Nine Tenths (58.9) feet along the East section line of Section Seven (7) from the Northeast corner of said Section Seven (7). Reentering the above described tract of land on the North line of Section Seven (7), at a point South 85º 46' 33" West, a distance of Forty-eight and Nine Tenths (48.9) feet along the North line of Section Seven (7) from the Northeast corner of said Section Seven (7). Said point of reentry having station number 41+66.7; thence North 39º 55' 01" West a distance of One Hundred Forty-eight 7

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and Six Tenths (148.6) feet to a point with station number 43+14.6; thence North 53º 31' 29" West a distance of Two Hundred Seventy-one (271.0) feet to a point with station number 45+85.6; thence North 60º 28' 03" West a distance of Three Hundred Twentyfour and Two Tenths (324.2) feet to a point with station number 49+09.8; thence North 71º 51' 31" West a distance of Two Hundred Thirty-nine and One Tenth (239.1) feet to a point with station number 51+49.9; thence North 35º 02' 49" West a distance of Thirtyfive Hundred Seven (3507.0) feet to a point with station number 86+55.9; thence North 34º 27' 36" West a distance of Fifteen Hundred Five and Two Tenths (1505.2) feet to a point with station number 101+61.1; thence North 59º 24' 47" West a distance of Eightysix and Four Tenths (86.4) feet to the point on the West line of the above described tract with station number 102+48.2. Said point also being the point of Terminus of the above described Seventy-five (75) foot wide Perpetual Easement and being located South 00º 36' 03" West a distance of Sixteen Hundred Forty-four (1644.0) feet from a 2" pipe with an aluminum cap found at the Northeast corner of Lot Eight (8) of Section Thirty-one (31), Township Thirty-four and one half (34 ½) North, Range Nine (9) West. The total length of this easement being Eighty-four Hundred Ninety-eight and Five Tenths (8,498.5) feet or Five Hundred Fifteen and Six Hundredths (515.06) rods. Parcel No. RBR-12B(P) contains a total of Fourteen and Eighty-three Hundredths (14.83) acres, more or less. AND ALSO; Legal Description of Parcel No. RBR-12B-4(P) (Perpetual Easement): Being a description of a Seventy-five (75) foot wide Perpetual Easement out of Sections Thirtysix (36) and Thirty-five (35), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No.'s 709846 and 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. The Westerly, Southerly and Southeasterly boundary of said Seventy-five (75) foot wide Perpetual Easement being Ten (10) foot Easterly, Northerly, and Northwesterly of and running parallel with the following described surveyed line. Commencing at the Southwest corner of that certain Eighty-one and Thirty-six Hundredths (81.36) acre tract of land described in Reception No. 638831 to the Colorado Department of Health and found in the deed records of La Plata County, Colorado; thence North 01º 50' 10" East with the West line of said tract a distance of One Hundred Thirty-six (136.0) feet to a bar found at the Southeast corner of the above described tract of land recorded in Reception No. 709846; thence South 85º 40' 32" West along the South line of the subject tract a distance of Two Hundred Eight and Three Tenths (208.3) feet to the Point of Beginning. Said point of beginning having the station number 147+53.8; thence North 40º 07' 20" West a distance of Three Hundred Twenty-one and Four Tenths (321.4) feet to a point with station number 150+75.4; thence North 51º 36' 30" West a distance of Five Hundred Three and Four Tenths (503.4) feet to a point with 8

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station number 155+78.8; thence North 38º 04' 43" West a distance of Six Hundred Nine and Five Tenths (609.5) feet to a point with station number 161+88.3; thence North 29º 13' 50" West a distance of One Hundred Twenty-eight (128.0) feet to a point with station number 163+16.3; thence North 29º 00' 13" West a distance of Three Hundred Fifty and Two Tenths (350.2) feet to a point with station number 166+66.5; thence North 46º 15' 54" West a distance of Six Hundred Eighty-seven and Eight Tenths (687.8) feet to a point with station number 173+54.3; thence North 51º 28' 04" West a distance of Two Hundred Forty-six and Five Tenths (246.5) feet to a point with station number 176+00.8; thence South 85º 06' 30" West a distance of Twelve Hundred Twenty-five and Three Tenths (1225.3) feet to a point with station number 188+26.1; thence South 61º 55' 03" West a distance of Four Hundred Fifty-eight and Four Tenths (458.4) feet to a point with station number 192+84.5; thence South 53º 36' 31" West a distance of Two Hundred Seventy-four and One Tenth (274.1) feet to a point with station number 195+58.6; thence South 03º 29' 33" West a distance of Seven Hundred Forty-three and Eight Tenths (743.8) feet to a point with station number 203+02.4; thence South 24º 48' 14" West a distance of Five Hundred Sixty-four and One Tenth (564.1) feet to a point with station number 208+66.5; thence South 62º 49' 36" West a distance of Thirteen Hundred Five and Nine Tenths (1305.9) feet to a point with station number 221+72.4; thence South 68º 17' 31" West a distance of Two Hundred Thirty-seven and Six Tenths (237.6) feet to a point with station number 224+10.0; thence South 59º 46' 40" West a distance of One Hundred Sixty-six and One Tenth (166.1) feet to a point on the South line of the above described tract with equation station number 225+75.9BK(225+78.29AH). Said point also being the point of Terminus of the above described Seventy-five (75) foot wide Perpetual Easement and located South 85º 40' 32" West, Fifty-seven Hundred Seventyseven and Seven Tenths (5777.7) feet from an iron bar found at the Southeast corner of the above described tract recorded in Reception No. 709846. The total length of this easement being Seventy-eight Hundred Twenty-two and One Tenth (7822.1) feet or Four Hundred Seventy-four and Seven Hundredths (474.07) rods. Parcel No. RBR-12B-4(P) contains a total of Thirteen and Eighty-two Hundredths (13.82) acres, more or less. Estate to be taken as to Parcel Nos. RBR-12B-1(T), RBR-12B-2(T), RBR-12B-3(T), RBR-12B5(T), RBR-12B-6(T), RBR-12B-7(T) (Temporary Easements) The temporary right until December 31, 2003, to use said areas for construction related activities associated with the construction of pipeline or pipelines. Subject to existing rights-of-way for roads and existing rights-of-way for public telephone lines, transmission lines, and other public utilities, on, over, under and/or across said lands. Excepting and reserving therefrom all coal, oil, gas, and mineral rights, more than 100 feet below the surface.

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Legal Description of Parcel No. RBR-12B-1 (T) (Temporary Easement): Being a description of a Forty (40) foot wide Temporary Work Space out of Sections Eight (8), and Six (6), Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado, and being a part of that certain tract of land as described in Reception No. 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Forty (40) foot wide Parcel RBR-12B-1(T) is along, parallel and adjacent to the Right or Easterly side of the Parcel RBR-12B(P). Said Parcel RBR-12B-1(T) beginning at station number 18+18 and ending at station number 28+66; thence beginning again at station number 86+07 and ending at station number 102+48.2. Total length of this Forty (40) foot wide Parcel RBR-12B-1(T) being Twenty-six Hundred Eighty-nine and Two Tenths (2,689.2) feet or One Hundred Sixty-two and Ninety-seven Hundredths (162.97) rods. Parcel No. RBR-12B-1(T) contains a total of Two and Fifty-Seven Hundredths (2.57) acres, more or less.
AND ALSO;

Legal Description of Parcel No. RBR-12B-2 (T) (Temporary Easement): Being a description of a Sixty-five (65.0) foot wide Temporary Work Space out of Section Eight (8), Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado and being part of that Tract of land as described in Reception No. 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Sixty-five (65) foot wide Parcel RBR-12B-2(T) is along, parallel and adjacent to the Right or Easterly side of Parcel RBR-12B(P). Said Parcel RBR-12B-2(T) beginning at station number 28+66 and ending at station number 34+51. Total length of this Sixty-five (65) foot wide Parcel RBR-12-2(T) being Five Hundred Eightyfive (585.0) feet or Thirty-five and Forty-five Hundredths (35.45) rods. Parcel No. RBR-12B-2(T) contains a total of Eighty-seven Hundredths (0.87) of an acre, more or less.

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AND ALSO; Legal Description of Parcel No. RBR-12B-3 (T) (Temporary Easement): Being a description of a One Hundred Sixty-five (165) foot wide Temporary Work Space out of Section Six (6,) Township Thirty-four (34) North, Range Nine (9) West in La Plata County, Colorado and being part of that Tract of land as described in Reception No. 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said One Hundred Sixty-five (165) foot wide Parcel RBR-12B-3(T) is along, parallel and adjacent to the Right or Easterly side of the Parcel RBR-12B(P). Said Parcel RBR-12B-3(T) beginning at station number 49+10 and ending at station number 51+50. Total length of this One Hundred Sixty-five (165) foot wide Parcel RBR-12B-3(T) being Two Hundred Forty (240) feet or Fourteen and Fifty-four Hundredths (14.54) rods. Parcel No. RBR-12B-3(T) contains a total of Ninety-one Hundredths (0.91) of an acre of land, more or less. AND ALSO; Legal Description of Parcel No. RBR-12B-5 (T) (Temporary Easement): Being a description of a Forty (40) foot wide Temporary Work Space out of Sections Thirty-six (36) and Thirty-five (35), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No.'s 709846 and 674415 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Forty (40) foot wide Parcel RBR-12B-5(T) is along, parallel and adjacent to the Right or Easterly, Northerly, and Northwesterly side of the Parcel RBR-12B-4(P). Said Parcel RBR-12B-5(T) beginning at station number 147+53.8 and ending at station number 150+75; thence beginning again at station number 186+96 and ending at station number 195+58; thence beginning again at station number 224+10 and ending at station number 225+75.9; Total length of the Forty (40) foot wide Parcel RBR-12B-5(T) being Thirteen Hundred Forty-nine and One Tenth (1349.1) feet or Eighty-one and Seventy-five Hundredths (81.75) rods. Parcel No.RBR-12B -5(T) contains a total of One and Eighty-five Hundredths (1.85) acres, more or less.

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AND ALSO; Legal Description of Parcel No. RBR-12B-6(T) (Temporary Easement): Being a description of a Sixty-five (65) foot wide Temporary Work Space out of Section Thirtysix (36), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 709846 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Sixty-five (65) foot wide Parcel RBR-12B-6(T) is along, parallel and adjacent to the Right or Easterly and Northerly side of the Parcel RBR-12B-4(P). Said Parcel RBR-12B-6(T) beginning at station number 150+75 and ending at station number 155+79; Total length of the Sixty-five (65) foot wide Parcel RBR-12B-6(T) being Five Hundred Four (504) feet or Thirty and Fifty-four Hundredths (30.54) rods. Parcel No. RBR-12B-6(T) contains a total of Seventy-five Hundredths (0.75) of an acre, more or less. AND ALSO; Legal Description of Parcel No. RBR-12B-7(T) (Temporary Easement): Being a description of a Ninety (90) foot wide Temporary Work Space out of Section Thirty-six (36), Township Thirty-five (35) North, Range Ten (10) West in La Plata County, Colorado and being a part of that certain tract of land as described in Reception No. 709846 to The Colorado Division of Wildlife and The Colorado Wildlife Commission and found in the deed records of La Plata County, Colorado. Said Ninety (90) foot wide Parcel RBR-12B-7(T) is along, parallel and adjacent to the Right or Easterly side of the Parcel RBR-12B-4(P). Said Parcel RBR-12B-7(T) beginning at station number 172+04 and ending at station number 177+01; Total length of the Ninety (90) foot wide Parcel RBR-12B-7(T) being Four Hundred Ninety-seven (497) feet or Thirty and Twelve Hundredths (30.12) rods. Parcel No. RBR-12B-7(T) contains a total of One and Three Hundredths (1.03) acres, more or less. Estate to be taken as to Parcel Nos. RBR-12B-8(T) and RBR-12B-9(T) (Temporary Easements) Two Temporary easements to construct, reconstruct, improve and repair new and/or existing roadways for temporary access to the construction easements herein above described, until December 31, 2003. 12

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Subject to existing rights-of-way for roads and existing rights-of-way for public telephone lines, transmission lines, and other public utilities, on, over, under, and/or across said lands. Excepting and reserving therefrom all coal, oil, gas, and mineral rights, more than 100 feet below the surface. The roadways are in La Plata County, State of Colorado, New Mexico Principal Meridian, more particularly described as follows: Legal Description of Parcel No. RBR-12B-8(T) (Temporary Easement): Beginning at a steel gate at the intersection of County Road 212 and an existing road running along an existing telephone line located in the Northwest quarter of the Northwest quarter (NW1/4NW1/4) of Section Thirty-six (36), Township Thirty-five (35) North, Range Ten (10) West, New Mexico Principal Meridian; thence southwesterly along said existing road Three Thousand Eight Hundred (3,800) feet to the USBOR(U.S. Bureau of Reclamation) property line, located in the Northwest quarter of the Southeast quarter (NW1/4SE1/4) of Section Thirty-five (35), Township Thirty-five (35) North, Range Ten (10) West, New Mexico Principal Meridian. Parcel No. RBR-12B-8(T) contains One and Seven Tenths (1.7) acres, more or less. AND ALSO; Legal Description of Parcel No. RBR-12B-9(T) (Temporary Easement): Beginning at a point on the South Section line of the Southeast quarter of the Southeast quarter (SE1/4SE1/4) of Section Six (6), Township Thirty-four (34) North, Range Nine (9) West, New Mexico Principal Meridian which is also on the USBOR property line, thence northerly along an existing road across said Southeast quarter of the Southeast quarter (SE1/4SE1/4) Six Hundred (600) feet; thence leaving said existing road and running easterly 600 feet to Station 51+00 of the surveyed line, located in said Southeast quarter of the Southeast quarter (SE1/4SE1/4) of Section Six (6) Township Thirty-four (34) North, Range Nine (9)West, New Mexico Principal Meridian. Parcel No. RBR-12B-9(T) contains Five Tenths (0.5) of an acre, more or less. INLET CONDUIT for RIDGES BASIN DAM AND RESERVOIR, Animas La Plata Project, and its associated facilities. Estate Taken as to Parcel No. RBR-12C(P) (Perpetual Easement) A Perpetual Easement to construct, reconstruct, inspect, operate, protect, repair, and maintain an underground pipeline and above ground power line(s) and underground communication facilities and appurtenant structures, on, over, under and/or across said property, including any right to 13

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enter upon or cross said property and other surface and subsurface rights appurtenant thereto and also including the right to assign said rights to other parties for the general benefit of the Animas-La Plata Project. Subject to existing rights-of-way for roads and existing rights-of-way for public telephone lines, transmission lines, and other public utilities, on, over, under and/or across said lands. Excepting and reserving therefrom all coal, oil, gas, and mineral rights, more than 100 feet below the surface. Legal Description of Parcel No. RBR-12C(P) (Perpetual Easement): A parcel of land in La Plata County, State of Colorado, New Mexico Principal Meridian and more particularly described as follows: A portion of Section Thirty-two (32), Township Thirty-five (35) North, Range Nine (9) West, New Mexico Principal Meridian; a portion of Section Thirty-two (32), Township Thirty-four and a Half (34 ½) North, Range Nine (9) West, New Mexico Principal Meridian; a portion of Section Thirty-one (31), Township Thirty-four and One Half (34 ½) North, Range Nine (9) West, New Mexico Principal Meridian, and more particularly described as follows: Commencing at the North West Corner of Section Thirty-Two (32), Township Thirty-five (35) North, Range Nine (9) West, New Mexico Principal Meridian; thence South 18°40'38" East, a distance of Forty One Hundred Thirty-one and Seventeen Hundredths (4131.17) feet, said point being the POINT OF BEGINNING; thence South 89°47'53" West, a distance of Thirty-four and Five Hundredths (34.05) feet along the North line of the City of Durango, Lot A, Centennial Center Subdivision, APN 5665-323-00-002, Deed Reception Number 475749; thence South 00°51'00" West, along the West line of said Lot A, a distance of Fifty-two and Eighty Hundredths (52.80) feet to a point on the North Right of Way of County Road 211, thence continue southerly along said line, a distance of Sixty-eight and Fifty-three Hundredths (68.53) feet to a point on the South Right of Way of County Road 211, thence continue southerly along said line, a distance of One Hundred Nine and Ten Hundredths (109.10) feet; thence South 50°56'03" West, a distance of Thirty-four and Thirty-nine Hundredths (34.39) feet to a point on the North line of Township Thirty-four and a half (34 ½) North, Range Nine (9) West, New Mexico Principal Meridian; thence continue southwesterly along said line, a distance of Eleven Hundred Forty-seven and Ninety-eight Hundredths (1147.98) feet; thence South 60°01'58" West, a distance of Four Hundred Thirty-five and Twenty-nine Hundredths (435.29) feet; thence South 39°04'01" West , a distance of Thirty-five and Ninety Hundredths (35.90) feet to a point on the East line of Section Thirty-one (31), Township Thirty-four and One Half (34 ½) North, Range Nine (9) West, New Mexico Principal Meridian; thence continue southwesterly along said line, a distance of One Hundred Ninety-four and Thirtyseven Hundredths (194.37) feet; thence South 79°34'04" West, a distance of Three Hundred One and Ninety-one Hundredths (301.91) feet; thence South 38°05'58" West, a distance of Two Hundred Ninety-three and Ninety-six Hundredths (293.96) feet; thence South 65°30'41" West, a distance of Two Hundred Thirty-five and Three Hundredths (235.03) feet; thence 14

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South 16°10'13" West, a distance of Four Hundred Fifty-three and Fifty-five Hundredths (453.55) feet; thence South 44°29'16" West, a distance of One Hundred Seventy and Fiftyfive Hundredths (170.55) feet; thence South 62°21'00" West, a distance of Three Hundred Sixty-four and Fifty-four Hundredths (364.54) feet; thence South 78°13'11" West, a distance of Eight Hundred Seventy-one and Sixty-six Hundredths (871.66) feet; thence South 05°02'39" West, a distance of One Hundred Sixty and Fifty-four Hundredths (160.54) feet; thence South 47°58'18" West, a distance of Two Hundred Eighteen and Fifty-six Hundredths (218.56) feet; thence South 74°58'23" West, a distance of Nine Hundred Twenty-one and Thirty-three Hundredths (921.33) feet; thence South 80°42'34" West, a distance of Two Hundred Seventy and Twenty-one Hundredths (270.21) feet; thence South 74°16'47" West, a distance of Three Hundred Fifty-nine and Sixty-seven Hundredths (359.67) feet to a point on the East line of existing Bureau of Reclamation Parcel No. RBR-1; thence North 00°38'05" West, a distance of Three Hundred Ten and Seventy-one Hundredths (310.71) feet to a point on the East line of said Bureau of Reclamation property; thence North 74°16'47" East, a distance of Two Hundred Ninety-five and Sixty-six Hundredths (295.66) feet; thence North 80°42'34" East, a distance of Two Hundred Seventy-two and Three Hundredths (272.03) feet; thence North 74°58'23" East, a distance of Eight Hundred Thirty-four and Twenty-seven Hundredths (834.27) feet; thence North 47°58'18" East, a distance of Twenty-eight and Fiftyeight Hundredths (28.58) feet; thence North 05°02'39" East, a distance of Two Hundred Sixtyfive and Twenty-nine Hundredths (265.29) feet; thence North 78°13'11" East, a distance of Ten Hundred Fifty-two and Fifty-five Hundredths (1052.55) feet; thence North 62°21''00" East, a distance of Two Hundred Seventy-five and Fifty-eight Hundredths (275.58) feet; thence North 44°29'16" East, a distance of Forty-seven and Seventy-three Hundredths (47.73) feet; thence North 16°10'13" East, a distance of Five Hundred Fifteen and Sixty-seven Hundredths (515.67) feet; thence North 65°30'41" East, a distance of Two Hundred Ninetynine and Sixty-seven Hundredths (299.67) feet; thence North 38°05'58" East, a distance of Three Hundred Thirty-four and Thirty-seven Hundredths (334.37) feet; thence North 79°34'09" East, a distance of Three Hundred Four and Seventy-nine Hundredths (304.79) feet; thence North 39°04'01" East, a distance of One Hundred Seventy-five and Ten Hundredths (175.10) feet; thence North 60°01'58" East, a distance of One Hundred Eighty-seven and Twenty-eight Hundredths (187.28) feet to a point on the West line of Section Thirty-two (32), Township Thirty Four and one half (34 ½) North, Range Nine (9) West, New Mexico Principal Meridian; thence continue northeasterly along said line, a distance of Two Hundred Seventy-nine and Sixty-five Hundredths (279.65) feet; thence North 50°56'03" East, a distance of Seven Hundred Sixty-four and Sixty-one Hundredths (764.61) feet to a point on the South line of Township Thirty-five (35) North, Range Nine (9) West, New Mexico Principal Meridian; thence continue northeasterly along said line, a distance of Two-Hundred Sixty-two and Three Hundredths (262.03) feet; thence North 16°39'06" East, a distance of Two Hundred Eighty-seven and Five Hundredths (287.05) feet; thence North 16°39'02" East, a distance of One Hundred Ninety-eight and Seventy-seven Hundredths (198.77) feet; thence North 30°54'36" East, a distance of Three Hundred Ninety-four and Twenty-seven Hundredths (394.27) feet to

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the West line of existing Bureau of Reclamation Parcel No. DPP-1(P); thence South 01°01'00" West along the West line of said parcel, a distance of Seven Hundred Twenty-three and Fourteen Hundredths (723.14) feet to the POINT OF BEGINNING. Parcel No. RBR-12C(P) contains 2,074,096 square feet or Forty-seven and Sixty-one Hundredths (47.61) acres, more or less.

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