# READY FORREUSE DETERMINATION FOR APORTION OFTHE SHELL PROPERTY WITHIN THE OFFPOST OPERABLE UNIT OFTHEROCKY MOUNTAIN ARSENAL NATIONAL PRIORITIES LIST SITE (SHELLRfRPROPERTY)

September 3,2009

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# Preparedby the U.S. Environmental Protection Agency, Region 8



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### TABLE OFCONTENTS I. Executive Summary............................................................................................................................... 1 II. RMA Siteand Shell PropertyLocation ............................................................................................ 3 III. SiteSummary........................................................................................................................................ 3 IV. BasisforU.S. EPA's Ready forReuse (RfR) Determination........................................................... 5 IV

. Ongoing Limitations.............................................................................................................................. 6 References Figures Figure 1: Site LocationMap Figure 2: ShellRfR Property Exhibits Exhibit 1: Legal Description ofthe Shell Property Exhibit2: Latitude/Longitude Coordinates forthe ShellRfR Property Exhibit3: Acronyms Exhibit4: Declaration ofCovenants Exhibit 5: Revised LicenseAgreement Between Shell andArmy

SHELLRfRPROPERTY Page i

### I. Executive Summary ThisReady forReuse (RfR) Determination pertains to aportion (approximately 294acres) ofthe Shell OilCompany property (ShellRfR Property) that iswithin oradjacent to theOffpost Operable Unit (OU) ofthe RockyMountain Arsenal National Priorities List Site(RMA/NPL) inCommerce City, Colorado (Figure 1). TheShell Propertyconsists of349 acres (thirteen parcels) ofcontiguous landthat iswithinor adjacenttothe Offpost OU. The RMA/NPL Sitewas listed ontheNPLunderthe Comprehensive Environmental Response, Compensation, andLiability Act(CERCLA) in 1984. TheRMA/NPL site comprises two OUs: Onpost (OU3) andOffpost (OU4). Shell acquiredtheproperty northofthe Onpost OU,referred to asthe Shell Property, inthe late 1980s and early 1990s. This landwaspurchasedby Shell during theCERCLA remedial investigation (RI)ofthe RMA andbefore CERCLA cleanupdecisions hadbeenmade. The Onpost OUisthe primary sourceofcontamination attheOffpost OU, which isprimarily attributed to groundwater thatflows belowtheShell Property toward the SouthPlatteRiver. ThisRfR Determination provides thatEPAhasmade atechnical determination thatthesurface ofthe ShellRfR Property, locatedin Commerce City,Adams County, Colorado, isready forresidential use and will remainprotective ofhumanhealth andtheenvironment, subjectto operation andmaintenance (O&M) ofboththe Onpost and Offpostremedies, andthelimitations as specified intheRockyMountain Arsenal,OffpostOperableUnitRecordof Decision(ROD), includinginstitutional controls preventing the use ofgroundwater, and continued access to thegroundwater monitoring network. This RfR Determination isatechnical decision document and does nothave any legally bindingeffect, nordoes itexpresslyor implicitly create, expand, orlimit anylegal rights, obligations,responsibilities, expectations, orbenefits ofany party. EPA assumesno responsibility forreuse activities and/orany potentialharmthatmightresult fromreuse activities. EPA retains any and allrightsand authorities ithas, includingbutnotlimited tolegal, equitable,or administrative rights. EPAspecifically retains any andall rights and authoritiesithas toconduct, direct,oversee, and/or require environmental response actions in connection withthe site, including butnot limitedto instances whennew oradditional information has been discovered regarding thecontamination orconditions atthe sitethatindicates thattheresponse and/or the conditions atthe site areno longerprotectiveofhuman health orthe environment forthetypes ofuses identified in theRfR determination. The types ofusesidentified asprotective inthisRfR determination remain subject to (i)applicable federal, state, andlocal regulation, including, butnotlimited to, zoningordinances andbuilding codes, and(ii) title documents, including, butnot limited to,easements, restrictions, andinstitutional controls. Theriskassessment forthe Offpost RODconcluded that, "actual orthreatened releases ofhazardous substances fromthe site, ifnotaddressed... maypresent apotential threatto public health,welfare, or theenvironment" (FWENC 1996). Soilcontamination only represented 25 percent ofthepotential health risks; therefore the Offpostremedyprimarily addressed groundwater contamination. The major components ofthe selectedremedy forthe OffpostROD (HLA 1995) include: * Operation of the Off-Site Groundwater Intercept andTreatment System (OGITS); * Continued operation ofthe NorthBoundary Containment System (NBCS) andNorthwest Boundary Containment System (NWBCS); * Long-term groundwater and surface water monitoring; * Institutional controls to preventthe use ofshallow groundwater onthe Shell Property forpotable purposes untilgroundwater cleanup standards areachieved; and
SHELLRfRPROPERTY Page 1

### For settlementpurposes, Shell revegetated 160acresofsoilonthe Shell Property toenhance the degradation oflow-level pesticide residues. Theexisting soilrisksin thearea thatwas revegetated were within EPA'sestablishedacceptable riskrange andrevegetation wasnot necessary. With thecompletion ofthe soil tilling andseeding in 1997 andtheon-going implementation oftheother components oftheOnpost andOffpostremedies, the U.S.EPAhas determinedthat any unacceptable levels ofriskinthesoil onthe ShellRfRProperty have been abatedforcurrent andfutureresidential users. Basedontechnical information available asofthisdate, U.S. EPARegion8, with concurrence fromthe Colorado Department ofPublicHealth andEnvironment (CDPHE) andTri-County Health Department (TCHD), issues thisRfRDetermination, effective September 3,2009. 

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# / / CarolL.Campbell. AssistantRegional Administrator Office ofEcosystemsProtection andRemediation U.S. EPA,Region 8 Documents pertaining totheShellRfRProperty and thisRfRDetermination arepart oftheAdministrative Record fortheRMA NPLSite,which areavailableforreview attheJointAdministrative Records DocumentFacility, Building 129, Room 2024,Commerce City,Colorado 80022-1748 ortheEPA Superfund Records Center, 1595 Wynkoop St.,Denver, CO 80202. Some ofthe documents can be viewed onthe internetat hlttp:Iltww,. 

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Additional informationcan beobtainedfrom thefollowing persons: EPA Jennifer Chergo, EPACommunity InvolvementCoordinator U.S. EPARegion 8 1595Wynkoop Street Denver, CO80202-1129 (303) 312-6601 or 1-800-227-8917 x6601 (Region 8only) Lmail: chei•.pjc nnil @

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### Colorado Department ofPublic HealthandEnvironment Susan Newton, State,Project Officer Colorado Department ofPublicHealth and Environment (CDPHE) 4300Cherry CreekDrive South Denver, CO 80246-1530 (303) 692-3321 or 1-888-569-1831 Eimiail: SulSalvticw'tWt C(l 

## statc.cOo.us
Warren Smith,ColoradoCommunity Involvement Coordinator Colorado Department ofPublicHealth andEnvironment 4300Cherry Creek Drive South Denver, CO 80246-1530 (303) 692-3373 or 1-888-569-1831 Email: Walrren.sniith iistate.cu us SHELLRfRPROPERTY Page 2

### TriCounty HealthDepartment Melody H.Mascarenaz, RHSP,RMAField Supervisor TriCounty Health Department 4201 E.72ndAve Commerce City, CO 80022 Adams County Service Center Building 303-288-6816 Email: mmascarenaz@tchd.org

II. RMA/NPL SiteandShell RfRPropertyLocation The RMA/NPL Siteislocated approximately ten milesnortheast ofdowntown Denver,Colorado, adjacentto Commerce City andBrighton tothe north,Montbello tothe south, Denver International Airporttothe east,andCommerce Cityto thewest. The ShellRfR Property consists ofapproximately 394acres and islocated immediately north andadjacent totheRMA OnpostOU. A mixofresidential, commercial, agricultural, and industrialproperties islocated tothe west,north, andeast oftheShell Property. Figure 1isa sitelocation map andFigure 2depicts the ShellProperty andthe Shell RfR Property. The ShellRfR Propertyisbounded onthe southbyEast96fAvenue, onthe northwestby State Highway 2, andbisected byPeoria Street. Aportion ofthe ShellProperty notincluded inthe RfR Determination, highlighted ingreen onFigure 2,contains an operating groundwater extraction and treatment facility. The soilarea that wastilled isidentified byreddiagonal lines onFigure 2. Alegal description ofthe Shell Property isincluded as Exhibit 1. Latitude/longitude coordinates ofthe Shell RfR Property areprovided asExhibit 2.

III. Shell RfRPropertyHistory Site andContamination History Table 1isachronology ofsignificanteventsrelatedto the ShellRfRProperty. RMAwas created in 1942, atthe heightofWorldWarII, whenthe Armypurchased 17,000 acres oflandto manufacture chemical weapons suchas mustard gas andwhitephosphorus. Private industry wasencouraged to leasefacilities at RMA afterthe warto fostereconomic growth in the area, offset operational costs, and maintain facilities for national security. Underthe leaseprogram, Julius Hymanand Companybegan producing pesticides in 1946. In 1952, Shell Chemical Company acquiredJulius Hymanand Company and continuedtoproduce agricultural pesticides on-site until 1982. Common industrial andwaste disposal practices usedby theArmy and Shellduring theseyears resulted incontamination bothOnpost and Offpost. Priorto 1850,the site wasusedbyNative American tribes indigenous tothe area, such asthe Cheyenne andArapahoe. Previous toArmy operations at theRMA Onpost OU, areas ofthe Offpost OUwere used forrangeland, dryland farming, andirrigated farming with some ruralresidential areas and scattered areas ofintensive agricultural use (FWENC 1996). Shell acquiredtheproperty north oftheRMA OnpostOU from 1989 through 1992. Construction ofOGITS asan Interim ResponseAction began inNovember 1991andfull-scale system operation began inJune 1993.

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### Summary ofCleanupActivities Themajor components ofthe selectedremedyfor theOffpost ROD include: * Operation ofthe OGITS; * Operation oftheNBCS andNWBCS; " Long-term groundwater and surface watermonitoring; * Institutional controls topreventthe useof shallowgroundwater onthe Shell Property forpotable purposes until groundwater cleanup standards are achieved; and * For settlement purposes, Shellrevegetated approximately 160 acres ofthe ShellProperty to enhance the degradation oflow-level pesticide residues. Tilling and seeding were completedin 1997, and continued operations oftheOGITS, NBCS, and NWBCS havebeenongoing since theDecember 1995 remedy was selected. Surface water and groundwater monitoring have alsobeen ongoing asrequired bythe OffpostROD. Institutional Controls identified inAttachment B ofthe OffpostROD and associatedgroundwater monitoring, aswell asdeed restrictions onthe ShellRfR Property, havebeen implemented since 1996. SeeExhibit4, Declarations of Covenants, andExhibit5, RevisedLicenseAgreement Between Shell andArmy,forfurther information. Based onEPAguidance issued in2002 and 2003,EPA conductedan indoor airevaluation forthe entire Offpost OUinsupport ofthe ongoing development in the adjacentcommunities. Theevaluation estimated indoorairconcentrations ofvolatileorganic compounds (VOCs), andtheassociated potential carcinogenic andnon-carcinogenic risks (EPA 2002) (EPA2003) within futurebasements and singlelevel structures. Theresult ofthe assessment indicated thatmodeled concentrations were below human health riskcriteria, thatnofurther evaluation ofthe vaporintrusion pathway was warranted, andtherewas no needto implement intrusion controls inbuildings overlying the groundwater plume in theOffpost OU (EPA 2004b). The Onpost soilremedy hasbeen ongoing since 1996 and is scheduled to becompleted byJune 2011. Groundwater remediation continuesto extract andtreat contaminated groundwaterfromplumes underlying the Onpost OU. Redevelopment/Reuse History Withthe exception ofthe construction ofOGITS, there hasbeennoredevelopment/reuse oftheShell Property. The area aroundthe ShellRfRProperty isundergoing primarilyresidential development in recent years. As many as 23,000 single-family homeshavebeen projected anditisexpected thatthis growth willcontinue. AConsentDecree inCivilAction No. 83-CV-02386-WYD was entered October 2,2008by theUnited States DistrictCourt fortheDistrict ofColorado's settlement ofnatural resource damage claimsbythe State ofColorado against Shell. Aspartofthesettlement, Shellisto transfer,via quitclaim, 100 acres of the Shell Property to Commerce City, Colorado. Theproperty provides 1)valuable habitat foravian andotherwildlife, and2)importantbuffer against residential andcommercial development to theeast,west andnorth ofthe property, bothofwhich areof great importancetotheresidents ofAdamsCounty andthe People ofthe StateofColorado. TheState ofColorado hasrecognized the importance ofefforts to preserve landin anatural, scenic, or open condition,andfor wildlifehabitat uses consistentwiththeprotection ofopenland having SHELLRfRPROPERTY Page4

### wholesome environmental quality. As such,this land istoremain asopen space inperpetuity forthe benefit ofwildlife andfortheenjoyment ofthe peopleoftheState ofColorado. Timeline ofEPAActivities toDate Thefollowing table (Table 1)is achronology ofsignificant eventsrelated to the ShellProperty. Table 1: Chronology ofSignificant Events Related tothe Shell Property Date Event 1942 Establishment ofRMA Late 1950s Groundwater contamination first suspected offpost 1977 Army installspilotgroundwater containment system atthe north boundary 1978-1984 ArmyandShell install threeboundary groundwater containment systems 1984 Siteproposed foradditionto theNational PrioritiesList (NPL) Aug. 1987 RMA added tothe NPL Feb. 1989 Federal Facility Agreement signed 1989-1992 Shell acquires property north ofRMA Onpost OU Jan. 1992 Offpost OURemedial Investigation Dec. 1992 Offpost OUEndangerment Assessment/Feasibility Study Jan. 1993 OGITS begins intercepting andremoving contamination from groundwater belowthe Shell Property Dec. 1995 Record ofDecision signed forOffpost Operable Unit Feb. 1996 Adams CountyClerk andRecorderrecords Declarations ofCovenants prohibiting theuse of shallow groundwater onthe ShellProperty forpotable purposes Jun. 1996 Record ofDecision signedfor On-PostOperable Unit Sept. 1998 Tilling andrevegetation ofShell Property completed Jan.2001 Final 2000Five-YearReview Report Apr. 2004 RMANationalWildlife Refuge established Apr. 2004 EPAOffpost IndoorAirEvaluation Nov. 2007 Final 2005Five-Year Review Report

IV. Basis forU.S. EPA'sReady for Reuse (RfR)Determination Description ofRisks Sincetheearly 1950s, potential contamination ofthe flora andfaunaatRMA and various aspects ofthe ecology ofthese organisms have been studied. Initial studieswere conducted in responseto reports of wildlife mortality andagricultural damage. By the late 1950s,complaints ofgroundwater pollutionnorth ofRMA beganto surface (FWENC 1996). Contamination ofthe Offpost OU isprimarily attributed to manufacturing and disposal activities that wereconducted on the Onpost OU ofRMA. Chemicals migrated to theOffpost OUprimarily by shallow groundwater and airbornepathways. Sixmedia wereevaluated inthe RIforthe Offpost OU: air, biota, surface water, sediment,soil, and groundwater. Therisks associated witheach media, as described inthe OffpostROD (HLA, 1995), are summarizedbelow:
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### * Air: Healthrisksfrom inhalation ofsoil particles orvolatile chemicals fromdomestic use of groundwater were foundtobevery minorcontributors tothe overall exposurepotential. * Biota: Screening levelswere developed thatcomplied withtherequirements oftheFederal Endangered Species Act, theMigratoryBirdTreaty Act,andthe BaldandGoldenEagle Protection Act. These screening levelswere notexceeded inthe Offpost OU andany adverse effects were expectedto beminimal. * Surface water/sediment: Offpost surface water wascontaminated primarily bythenatural interaction with Offpost groundwateremanating from RMA. The chemicals ofconcern (COCs) identified forthe Offpost surface waterare arsenic, chlordane, chloride, dicyclopentadiene, 2, 2- bis(p-chlorophenyl)- 1,1-dichloroethene (DDE), 2,2-bis(p-chlorophenyl)- 1,1,1-trichloroethane (DDT),dieldrin, diisopropylmethly phosphonate (DJMP), fluoride, and sulfate. Thehighest concentrations ofthe COCswere detected inFirstCreek, whichflows northwestthrough eastern RMAand through theShellRfR Property. However,the interaction betweengroundwater and surface water isintermittent andtherefore didnot present anunacceptable humanhealthrisk. " Soil: OffpostOU surface soilwas contaminated bythe deposition ofairborne contaminants from RMA, non-RMA-related agricultural application ofpesticides, andirrigation practices. The COCs identified for soils inthe Offpost OU are aldrin,chlordane, dieldrin, endrin,DDE, and DDT. Theriskassessment forthe OffpostROD concluded that, "actual orthreatened releases of hazardous substances fromthe site, ifnotaddressed

... may presentapotential threatto public health, welfare, ortheenvironment." However, soil contamination only represented 25 percent of thepotential health risks; thereforethe OffpostOUremedy primarily addressed groundwater contamination. " Groundwater: Groundwater contamination represented 75percent ofthe potentialhealth risksin theOffpost OU. Groundwater isnotincluded in thisRfRDetermination because an RfR only addresses thereuse ofland(EPA 2004a). Furthermore, groundwater remediation and monitoring isongoing inthis area. ListofPrimaryDocuments Supporting RfRDetermination Thefollowing are theprimary supporting documents: " RockyMountain Arsenal,Offpost OperableUnitRecordof Decision(HLA 1995). * Recordof Decision forthe On-PostOperableUnit(FWENC 1996) " Final Inspection/Implementation Report forthe Off-PostTillageTask(DOA 1997) * Off-PostArea VaporIntrusionAssessment(EPA 2004b) " Final2005Five-YearReviewReport forRockyMountainArsenal (DOA2007) * Declaration ofCovenants (Exhibit4)

V. Ongoing LimitationsandResponsibilities Institutional Controls The ShellRfR Property is subjectto a deedrestriction thatprevents theuse ofshallow groundwater
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### underlying the Shell Propertyforpotablepurposes untilthe groundwatercleanup goals specified inthe OffpostROD are achieved. Thedeed restriction isdefined intheDeclarations ofCovenantsamongShell, the UnitedStatesandtheStateofColoradodatedFeb. 2, 1996(recorded bythe Adams County Clerkand Recorder onJune 11, 1996inBook4769 atpp. 0297-0308 (attached as Exhibit4)). In addition, pursuant to a license agreement between the Armyand Shell, Shell has allowedthe Armyto enterandusethenonRfR portion ofthe Shell Propertyforthe OGITS, which shall continueto operate until thecleanup standards forthat system are achieved. This includes Army accessto monitoring wells ontheRfR Property. Thelicense agreement is definedinRevisedLicenseBetweenShellandtheArmy (effective December 3, 1991) (attached asExhibit 5); O&M andMonitoring Actions There areno operations, maintenance, or monitoring actions forthe soil onthe Shell RfR Property. However, wellsfor monitoring groundwater remedy performance are locatedthroughout the ShellRfR Property, andaccess/monitoring ofthese wells isongoing untilthe Offpost OU groundwaterremedy is completed. Surface watermonitoring locations arealso located onthe Shell RfR Property, and access/monitoring ofthese areas is ongoingtoevaluate the effectiveness ofthe groundwater remedy. The OGITS facility located onthenon-RfR portion ofthe ShellProperty will continue to operateuntil the OffpostOU groundwater remedyiscompleted. Entity Responsible forEnsuring Protectiveness ofSite The Institutional Controlsrequiredbythe OffpostROD willbereviewed aspartofthe site-wideFive Year Review process, which isconductedbythe U.S. Army. In addition, thecovenants "run with

... the land

... andare enforceablebytheUnited States, through theArmy andEPA, andbythe State" (Exhibit 4,Paragraph 4under "Declaration"). ApplicableLocal LandUseRegulations Parts ofthe Offpost OU, including partsofthe Shell Property,are currently zoned anddeveloped for commercial/industrial activities. Commerce City, locatedwest andnorth ofRMA, isthe onlyurban area inthe immediate vicinityofthe ShellProperty and OffpostOU, andhasrecently annexedlands withinthe Offpost OUandthe Shell Property.

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### References HardingLawson Associates (HLA). 1995. Rocky Mountain Arsenal,Offpost Operable UnitRecordof Decision. December 19. FosterWheeler Environmental Corporation (FWENC). 1996. RecordofDecision forthe On-Post OperableUnit. June. U.S. Department oftheArmy. (DOA). 1997. Final Inspection/Implementation Report forthe Off-Post TillageTask. August26. DOA. 2007. Final 2005Five-YearReviewReport forRockyMountainArsenal. November. U.S. Environmental Protection Agency (EPA). 2002. DraftGuidance forEvaluatingthe VaporIntrusion toIndoor Airpathway from Groundwater andSoils. November. EPA. 2003. User'sGuide forEvaluatingSubsurfaceVaporIntrusionintoBuildings. March 14. EPA. 2004a. GuidanceforPreparing SuperfundReady forReuseDeterminations.OSWER 9365.0-33. February 12. EPA. 2004b. RockyMountain Arsenal,Off-PostArea VaporIntrusion Assessment. LetterReport. April 27.

SHELLRfRPROPERTY

### FIGURES Figure 1: SiteLocation Map Figure2: Shell RfR Property

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### EXHIBITS

Exhibit 1 LegalDescriptions oftheShell Property Exhibit 2 Latitude/Longitude Coordinates fortheShellRfR Property Exhibit 3 Acronyms Exhibit4 Declarations ofCovenants Exhibit5 RevisedLicense AgreementBetween Shell andtheArmy

SHELL RfRPROPERTY

### Exhibit 1 ShellProperty Description

SHELLRfRPROPERTYSCHEDULE A

Order Number: 75139269 PR LEGAL DESCRIPTION

PARCEL 1:

A parcel of land situated in a portion of Lots 3, 4, and 6, Block 1, ADCO INDUSTRIAL PARK SUBDIVISION, being a portion of the Southwest one-quarter of Section 14, Township 2 South, Range 67 West of the Sixth Principal Meridian, County of Adams, State of Colorado more particularly described as followsp Commencing at the center one-quarter corner of said Section 14, said point also being the Northeast corner of said Lot 6, said point being the True Point of Beginning; thence South 00"071251 West along the Best line of said Lots 6 and 3 and along the East line of the Southwest one-quarter of the Southwest one-quarter of said Section 14 a distance of 1058.92 feet, thence North 62032'17* West a distance of 824.60 feet to a point on the Northwesterly line of said Lot 6, said point also being on the Southeasterly right of way line of Colorado State Highway No. 2 and U.S. Highway No. 6; thence the following three courses along the Northwesterly line of said Lot 6 and the Southeasterly right of way line of said Colorado State Highway No. 2 and U.S. Highway No. 61 thence North 45'00'48- East a distance of 396.72 feet, thence North 46"11'03" East a distance of 299.95 feet; thence North 43107'40" Rast a distance of 261.54 feet to the Northwest corner of said Lot 6; thence South 89*52'35" East along the North line of said Lot 6, a distance of 58.15 feet to the True Point of Beginning,
County of Adams, State of Colorado.

PARCEL 21
The SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., EXCEPT the South 30 feet thereof; AND EXCEPT that portion thereof lying within Peoria Street, 96th Avenue and East 100th Ave.; AND EXCEPT that portion lying within the Subdivision of Fischer-Hoffman Tract; AND EXCEPT that portion thereof described in deeds recorded December 19, 1960 in Book 883, page 558; August 21, 1969 in Book 1539, page 239; and August 28, 1973 in Book 1884, page 850, AND EXCEPT any portion thereof that may lie Westerly of the West line of that tract of land described in Deed recorded December 9. 1960 in Book 882, page 335, County of Adams, State of Colorado.
AND Continued on next page -1-

SHELL RfR PROPERTYContinuation of Schedule A - Legal Description Order Number: 75139269 PR

That part of the NE 1/4 of Section 14, Township 2 South, Range 67 Neat of the 6th P.M. lying Southeasterly of U.S. Highway No. 6 and Southerly of the South lines of those tracts of land described in deeds recorded November 5, 1967 in Book 1361, page 76 and June 3, 1982 in Book 2649, page 750, EXCEPT that portion thereof lying within Peoria Street; AND EXCEPT that portion thereof described in deed recorded December 19, 1960 in Book 883, page 556,
County of Adams, State of Colorado.

PARCEL 31
That part of the Northeast 1/4 of Section 14, Township 2 South, Range 67 Next of the 6th P.M., described as follows: Beginning at a point which is located 2190 feet South and 30 feet West of the Northeast corner of said HE 1/4; thence West a distance of 630 feet, thence South a distance of 450 feet; thence Rast a distance of 630 feet; thence North a distance of 450 feet to the Point of Beginningi, County of Adams, State of Colorado.

PARCEL 4:
Blocks I and 2, FISCHER-ROFFMAN TRACT, County of Adams, State of Colorado.

PARCEL 5: That part of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the 6th P.M., described &as Beginning at the Southeast corner said Section 14; thence North 9 0 e0 0 ,00" West on an assumed bearing along the South line said Southeast one-quarter a distance of 1863.90 feet to the True Point of Beginning, thence continuing Continued on next page -2-

SHELL RfRPROPERTYContinuation of Schedule A - Legal Description Order Numbers 75139269 PR

North 90°00'00 Nest along said South line Southeast one-quarter a distance of 337.67 feet to a point 430.00 feet Easterly of the Southwest corner said *Southeast one-quarter, thence North 00"06'301 Zast along a line parallel to the West line said Southeast one-quarter a distance of 1320.00 feet, thence North 90"00'00, Bast 337.67 feet to a point which is 1864.47 feet West of the East line said Southeast one-quarter, thence South 00006"301 West along a line parallel to the Nest line said Southeast one-quarter a distance of 1320.00 feet to the True Point of Beginning, EXCEPT the South 30 feet thereof, County of Adams, State of Colorado.

PARCEL 6: That part of the Southeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., Adams County, Colorado described as; Beginning at the Southeast corner of said Section 14, thence North 90*00'00" West on an assumed bearing along the South line said Southeast 1/4 a distance of 1350.67 feet to the True Point of Beginning, thence continuing North 90t0"00- West along said South line Southeast 1/4 a distance of 513.23 feet to a point 767.67 feet Easterly of the Southwest corner said Southeast 1/4; thence North 00106'301 East along a line parallel to the West line said Southeast 1/4 a distance of 1320.00 feet; thence North 9000'00" East, 513.80 feet to a point which is 1350.67 feet West of the East line said Southeast 1/4; thence South 001081001 West along a line parallel to the East line said Southeast 1/4, a distance of 1320.00 feet to the True Point of Beginning, EXCEPT the South 30 feet thereof, County of Adams, State of Colorado.

PARCEL 7: That part of the Southeast 1/4 of Section 14, Township 2 South. Range 67 West of the 6th P.M., described as follows& Beginning at the Southeast corner of said Section 14; thence North 90000'00" West on an assumed bearing along the South line of said Southeast 1/4, a Continued on next page -3-

SHELL RfR PROPERTYContinuation of Schedule A
- Legal Description order Number: 75139269 PR

distance of 1013.00 feet to the True Point of Beginning, thence continuing North 9000'000 West along said South line Southeast 1/4, a distance of 337.67 feet to a point 1280.90 feet lasterly of the Southwest corner of said Southeast 1/4; thence North 00,08'004 Boat along a line parallel to the East line of said Southeast 1/4, a distance of 1320.00 feet, thence North 90000"00 Bast, 337.67 feet to a point which is 1013.00 feet West of the Bast line of said Southeast 1/4; thence South 00"08'00" West along a line parallel to the Nast line of said Southeast 1/4, a distance of 1320.00 feet to the True POint of Beginning,

rXCEPT the South 30 feet thereof,
County of Adams, State of Colorado.

PARC]L 8t

A tract of land located in the SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.N., described as follows: Beginning at a point 30 feet North and 669 feet West of the Southeast corner of the SE 1/4 of said Section 14, thence North, a distance of 1290 feet, thence West, a distance of 344 feet to an existing pin; thence south, a distance of 1290 feet; more or less, to a point 30 feet North of the South line of the SE 1/4 of said Section 14, thence Bast and parallel with the said South line, a distance of 344 feet to the Point of Beginning, County of Adams, State of Colorado.

PARCEL 9s

All of Block 2, WAGNE TRACT, County of Adad&, State of Colorado.

PARCEL 10i
That part of the Southeast 1/4 Southeast 1/4 of Section 14, Township 2 South, Continued on next page -4.

SHELL RfR PROPERTYContinuation of Schedule A - Legal Description Order Numoers 75139269 PR

Range 67 West of the 6th P.M., more particularly described as follows: Commencing at the Southeast corner of said Section 14; thence North along the Rast line of said Section 14, a distance of 30 feet, thence North 89118' West, a distance of 669 feet to the True Point of Beginning, thence Worth, a distance of 340.31 feet, thence South 89115 Zast, a distance of 320 feet, thence South,
a distance of 340.31 feetj thence North 89*18' West, a distance of 320 feet to the True Point of Beginning, County of Adams, State of Colorado.
AND That part of the Southeast 1/4 Southeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., more particularly described as follows: Commencing at the Southeast corner of said Section 141 thence North along the Bast line of said Section 14, a distance of 30 feet, thence West, a distance of 30 feet to the True Point of Beginning, thence North 89118' West, a distance of 319 feet, thence North, a distance of 340.31 feet; thence North 89*18' West, a distance of 320 feet, thence North, a distance of 410.10 feet, thence Southeasterly, a distance of 653.2 feet to a point which is 30 feet West of the last line of said Section 14 end North 010l' East a distance of 615 feet from the True Point of Beginning; thence South 010l' West, a distance of 615 feet to the True Point of Beginning, County of Adams, State of Colorado.

PARCEL .i1t The Southwest quarter of Section 13, Township 2 South, Range 67 West, excluding therefrom those tracts of land described in the following deeds: Book 771, page 234, Book 1003, page 527; Book 1037, page 479, BUT INCLUDING the East 60 feet of the tract of land described in said Book 771, page 234, County of Adams, State of Colorado.
Continued on next page -5-



### SHELL RfR PROPERTYContinuation of Schedule A - Legal Description Order Number: 75139269 PR

PARCIL 12:
That portion of the Southwest 1/4 of Section 14, Township 2 South, Range 67 Nent of the 6th P.M., Adams County, Colorado, more particularly described as: Commencing at the Southwest corner of said Section 131 thence North along the West line of said Section 13, a distance of 864.0 feet, thence deflecting right 90" a distance of 30.0 feet to the True Point of Beginning; thence deflecting right 40*7', a distance of 685.0 feet, thence deflecting left 20*48', a distance of 575.0 feet; thence deflecting left 9*03', a distance of 150.0 feet; thence deflecting left 10'20', a distance of 79.0 feet, thence deflecting left 13716"49", a distance of 1353.89 feet; thence deflecting left 4249'11, a distance of 300.0 feet; thence deflecting left 901, a distance of 262.0 feet to the True Point of Beginning, County of Adams, State of Colorado.
AMD
That part of the Southwest 1/4 of Section 13, Township 2 South, Range 67 West of the 6th P.M., Adam County Colorado, described as: Beginning at a point on the Nest line of said Section 13, said point being 1136.4 feet North of the Southwest corner of said Section 13, thence East at right angles to said West line of Section 13, 330.0 feet, thence deflecting right 90*, 10.4 feet, thence deflecting right 90, 330.0 feet more or less to a point on the West line of said Section 13; thence North along the West line of said Section 13, 10.4 feet more or less to the Point of Beginning,
EXCEPT the West 30.0 feet of the above described property,
County of Adams, State of Colorado.

PARCEL 13:

That part of the Southwest 1/4 of Section 13, Township 2 South, Range 67 West of the 6th P.M., described as follows:

Continued on next page -6-

SHELLRfR PROPERTYContinuation of Schedule A - Legal Description Order Numbers 75139269 Pi

Beginning at the Southwest corner of said Section 13, thence Zast 2633.3 feet along the South line of said Section 13 to the South quarter corner of Paid Section 13;'thence North 00,05' Nast along the North-South centerline of said Section a distance of 227 feet; thence North 63133' West a distance of 199.6 feet, thence North 72*33' West, a distance of 122 feet, thence South 641581 West a distance of 364 feet; thence North 89*52' West a distance of 764 feet; thence North 79*32 • West, a distance of 150 feet; thence North 70129' West a distance of 575 feetj thence North 49*411 Nest, a distance of 685 feetj thence North 890481 West, a distance of 30 feet to the West line of said Section, thence South 00112' Nest, a distance of 864 feet, more or leas, to the Point of Beginning,

EXCEPT that part of the Southwest 1/4 of Section 13, Township 2 South, Range 67 West of the 6th P.M. described as follows: Beginning at the South quarter corner of said Section 13, thence North 00105 • Zast along the North-South centerline of said Section 13 a distance of 227 feet, thence North 63133" West to a point that is exactly 60 feet West of said North-South centerline of said Section 13, thence South to a point on the South line of said Section 13 which is exactly 60 feet West of said South quarter corner of said Section 13; thence East along said South line of said Section 13 a distance of 60 feet to the Point of Beginning, County of Adams, State of Colorado.

-7-



### SHELL RfR PROPERTY

### Exhibit 2 Latitude/Longitude Coordinates forthe Shell RfR Property

SHELL RfRPROPERTY

### Coordinate Pointsforthe Shell RfR Property Coordinate Colorado State Colorado State Latitude Longitude PointNumber Plane Easting PlaneNorthing
1 2183501.85 196463.52 39.870821 -104.846245 2 2183498.71 197080 39.872513 -104.84624 3 2183489.31 197082.02 39.872519 -104.846273 4 2183485.45 197768.2 39.874403 -104.846269 5 2183478.86 199047.03 39.877914 -104.846259 6 2183478.73 199072.12 39.877983 -104.846258 7 2183267.04 199070.4 39.877982 -104.847013 8 2183263.99 199532.91 39.879252 -104.847011 9 2183483.32 199534.68 39.879252 -104.84623 10 2183482.83 199592.23 39.87941 -104.84623 11 2182521.24 199585.93 39.879412 -104.849656 12 2182521.24 199515.65 39.879219 -104.849658 13 2182527.59 199040.23 39.877914 -104.849648 14 2182528.83 198889.41 39.8775 -104.849648 15 2182508.51 198889.12 39.8775 -104.84972 16 2181777.97 198574.35 39.87665 -104.852331 17 2181475.3 197860.56 39.874697 -104.853428 18 2180891.87 197998.01 39.875086 -104.855503 20 2180896.76 197187.01 39.872859 -1 04.855507 21 2180902.42 196442.27 39.870815 -104.855506 22 2182208.49 196453.15 39.870819 -104.850852 23 2183561.56 196464.78 39.870823 -104.846032 25 2184854.97 196475.19 39.870825 -104.841424 26 2186164.05 196486.16 39.870829 -104.83676 27 2186154.82 197776.17 39.87437 -104.836758 28 2186145.78 199100.14 39.878005 -104.836755 29 2184831.12 199087.09 39.877996 -104.84144 30 2183547.44 199074.49 39.877988 -104.846014 31 2183554.76 197767.4 39.874399 -104.846022 Notes: Allcoordinateare in Colorado State Plane, NorthZone, North American Datum (NAD) 1927 See Figure 3for mapofcoordinate locations

SHELLRfR PROPERTY414

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### Exhibit3 Acronyms

SHELL RfRPROPERTY

### CDPHE Colorado Department ofPublic Health and Environment CERCLA Comprehensive Environmental Response, Compensation, and Liability Act COC Chemical ofConcern DDE 2, 2-bis(p-chlorophenyl)- 1,1 -dichloroethene DDT 2,2-bis(p-chlorophenyl)- 1,1,1-trichloroethane DIMP Diisopropylmethyl phosphonate EPA U.S. Environmental Protection Agency FFA Federal Facility Agreement FYR Five-Year Review FYRR Five-Year Review Report IRA Interim Response Action NBCS North Boundary Containment System NPL National Priorities List NWBCS Northwest Boundary Containment System OGITS Off-Site Groundwater Intercept and Treatment System O&M Operations and Maintenance OU Operable Unit RfR Ready for Reuse RI Remedial Investigation RMA Rocky Mountain Arsenal ROD Record ofDecision TCHD Tri-County Health Department USFWS U.S. Fish and Wildlife Service

SHELLRfR PROPERTY

### Exhibit 4
Declaration ofCovenants

SHELL RfR PROPERTYRECEPTION NO. C0183385 61.00' BK 4769 Pas o297-030e .SI ROBERT SACK, ADAIIS COUNTY,-'C]LORADO 6/11/96 9:10 DECLARATION OF COVENUNTS THIs DECLARATION OF COVENANTS, dated as of February 2, 1996, is made by SKELL OIL COMPANY, a Delaware corporation ("shell"), for the benefit of the WIITED STATES OF AMEICA (the "United Statese) and the STATE OF COLORADO (the "State"). Recitals A. shell owns the land in Adams County, Colorado described in Exhibit A attached hereto and forming a part hereof (the "Lends).
B. A portion of the Land is subject to Revised License dated effective December 3f 1991 (the "License"), from Shell to the United states Department of the Army (the "Army"), notice of which was given by NemoranduR of License dated effective as of December 3, 1991, between Shell and the Army, filed for recording June 25, 1992 at a a.m., and recorded under Reception No. 1074181 in Book 3920 at page 351 of the real property records of Adams County, Colorado. C. The Army, Shell, the State, the United States Environmental Protection Agency ("SPA"), and the United States Fish "•dWildlife Service (*USFN8WS entered into Agreement for a Conceptual Remedy for the Cleanup of the Rocky Mountain Arsenal dated June 13, 1995 (the "Conceptual Remedy Agreement").- D. paragraph 23 of the Conceptual Remedy Agreement requires Shell to execute and record covenants to preclude use of groundwater underlying the Land until certain conditions are satisfied. E. ibe Land is included within the Offpost operable Unit (the "Offpost oU") of Rocky Mountain Arsenal, a National Priorities List site under the Comprehensive Environmental. Response, Compensation, and Liability Act. F. A Record of Decision for the Offpost OU (the "offpost ROD") was signed on December 19, 1995.
G. Page Al-i of Appendix B to the Offpost ROD also requires Shell to execute and record covenants to praclude use of groundwater underlying the Land until certain conditions are satisfied. H. Shell desires to grant the covenants met forth below in full satisfaction of its obligations under paragraph 23 of the Conceptual Remedy Agreement and under page Al-i of Appendix B to the Offpoat ROD. These covenants will protect, preserve and enhance the value of the adjacent land owned by the United States and known as Rocky Mountain Arsenal (the "Onpoet OU"), as well 48 contribute to the overall remedy for Rocky Mountain Arsenal.

Declaration In consideretion of the foregoing and other good and valuable consideration, the receipt ena sufficiency of which Shell acknowledges, Shell hereby covenants for itself and its successors and assigns as follows: I. Use of Alluvial Groundwater Underlying the xand. No roundwater well for future use May be constructed on the Land if it is screened in the Unconfined flow system (NUFS"), which is defined as the alluvial aquifer and the weathered upper portion of the Denver Formation, without the-express written consent of the State and the United States for such period as this covenant remains In effect. Review and approval of any request for the construction of any souh groundwater well shall be governed by the provisions of Appendix B, Attachment 3 of the Offpest k0O. Copies of the Offpout ROD are available at the following locations:

SKLD LM 10.11.1.26 AD 183385-1996.001



### SHELL RfRPROPERTYjoint Administrative Record Document Facility (4IJARDFW) Rocky Mountain Arsenal 72nd Avenue and Quebec Street Commerce City, Colorado 80022-1748 EPA Region VIII Superfund Records Center 999 loth street Denver, Colorado 80202-2466 Records center Hazardous Materials &Waste Management Division Colorado Department of public Health and Environment .4300 Cherry Crook Drive South Denver, Colorado 80222-1530
2. ONG of Deeper GVGVeter No groundwater may be used from any vwel on the Land that is screened in any equLifer beneath the UIs except as set forth in paragraph 4 of Appendix D, Attachment 3 of the Offpoat ROD.
J. Zeptions. Hotwvithtanding the foregoin, no such approval shall be required for veLls for groundwater sampling, wells for groundwater level measurements, voill for extraction for treatment of contaminated groundwater, and wells for reinjection of treated groundwater. 4. Covenante Iun Vith land; Enforoement. Ttw covenants in paragraphs 1 and 2 touqb and concern. run vith, and burden the Land, end benefit the 0opOat 00. They are granted for the benefit of the United States and the State to preserve the proety values of the Onpost 0V, and ara enforceable by the V1nited States, through the Army and SPA, and by the State. If there is a violation of either of those covenants that rumeina uncured after 30 day'" prior written notice of the violation to shell (or other owner oa the Land or portion thereof who" action contitutes the violation), the united States and the State, or either of thea, may Institute a suit against the person violating the covenan8ts to enjoin -the violation by temporary or permanent injunction rovided, however, that for an irreparable ongoing or

xi~mlent violation the 30-day notice is not required. No failure by the united States or the state to instituzte"such a suit shall be deemed to be a waiver or a forfeiture of the right to enforce any covenant in thin instrument. S. Notioe. In eovry instrument conveying any interest in any portion of the Land, Including without limitation deeds, leasse, nd "ortgages, shell shall include a notice in substantially the following fore: * 1101C3 THE Iii==ES COMUVE HIREBY IS SVB3XCT TO DECLAARTIOJ OF COVXXAuITG DATED AS OF FEBRUARY 2, 1994, RECORDED UNDER RECEPTION 0o. IN BOO1 AT PAGE OF TIM RZAL iEF3RTY JtECCOUFffF ADAKS 

### o-0W-Iff, COLORADO, IN4 FAVOR OF AID MFORCZAB•L By ITE UNITED STATBS OF AMERICA AND THE STATE OF COLORADO. 6. •itle. Shell represents to the United States and the state that Sholl's title to the Land is free and clear of all liens, encumbrances, and burdens arising by, through, or under Shell, but not othervise, except for the lien for taxes not yet due end except for the License; and shell will forever warrant and defend title to the Land against all persons claiming an interest therein by, through, or under Shell, but not otherwise, except for the interest created by the License. 7. Release. The covenants contained herein shall be released In accordance with the procedures outlined in paragraph 6 of Appendix D, Attachaent 3 of the Oftpost ROD.

-2- SKID LM 10.11.1.26 AD 183385-1996.002

SHELL RfRPROPERTYS. Misoellaneous. (a) *o Admission or Liability. The execution and delivery of this instrument and Appendix B, Attachment 3 of the Offpost ROD by Shall sball not be construed as en admission of any liability on its part. Neither this instrument nor Appendix 3, Attachmet 3 of the Offpiot ROD any be offered in evidence in any administrative or judicial proceeding, except for a proceeding to enforce ito provisions. (b) NO WVarnUty. accept as specifically met forth in paragraph 6, this instrument is executed vithout any representation or warranty, express or implied. (o) Readiags. The headings in this instrument are for guidance and convenienoe of reference only and do not limit or othervise affect the meanings of any of its provisions. (4) wartlar Mas•srneea. "Shell, UPIL, the Stats, the Army, and US:WS Shall execute and deliver or cause to be executed and delivered such other lnstruments, and take such other actions, as may be reasonably necessary or advisable to carry out the purposes of this instrument. (e) ShtLre Agreement. This instrument and appendix B, Attachment 3 of the Offpoft ROD constitute the entire Understanding among Shell, EA, the State, the Army, and USFS with respect to the subject matter hereof, superseding all negotiations, prior discussions, and prior agreements or understandings with respect to the subject matter. (m) Vo "simsemt. Nelther the United States nor the state may assign any of t respectLve rights under this inrument withwt the prior witten consent of Shell. (h Parties to Intereet. This instrument shall.be binding upon and inure to the beiit of the parties hereto and their respective successors and assigns. Nothing in this instru.ment, express or implied, is Lteanded to confer upon any other parson or entity any benefit, right, or remedy.

BXCUED as of the date firat above written.

SHELL OIL CODMPNY

Vi09 Pre•ident HS&Z Shell Chemical Company STAT OF COLORADO • /m0) sa. COWITY or DEifVZR The foregoing Instrument was acknowledged before me this 10th day of June, 1996, by Ran4 Shulman, as Vice President JSE&, ShelF Chemical Company, a subp$diary of Shell Oil company, a Delaware corporation, on behalf of the corporation. Witness my hand and official asal.

My commission oxpLree: April 9. 2000

SKLD LM 10.11.1.26 AD 183385-1996.003

SHELL RfR PROPERTYEXIBITr A

The following described lend in Adams County, Coloradot

AdaMs County 3oin Vntut- Tact The land conveyed by Warranty Deed dated February 26, 1991, fron the dams County Joint Venture to Shell Oil Company and more particularly described as follows: Southwest Quarter of Section 13, Towhp 2 South, Range 67 West, excludig therefrom those tract. of land desaribed in the following deeds: 1) Book 771 at Page 234 2) Book 1003 at Page 527 3) Book 1037 at Page 479 but including the east 60 feet of the tract of land described in said Book 771 at Page 234, all being in records of said Adams county.
mmarce City Tract The land conveyed by Warranty Deed dated October 15, 1991, from the City of Comer** City, Colorado. to Shell Oil Compmdy. recorded in book 3839, Page 073, end more particularly described as followa: A parcel of land situated in a portion of Lots 3, 4 and 4, Block 1, dCO Industrial. Park subdivision, being a portion of the Southwest one-quarter of Section 14, Township 2 South, Range 67 West of the Sixth Principal Meridian, County of A"ams, State of Colorado, *ore particularly described as follows: Commencing at the center one-quarter corner of said Section 14, said point also boln the Northeast corner of said Lot 6, said point being the TRU PoINT OF DEGflINUG: thence South 00o07'2S" West along the East line of said Lots 6 and 3 and along the East line of the Southwest one-quarter of the Southwest one-quarter of said Section 14 a distance of 1056.92 feet; thence North 62"311270 West a distance of *24.60 feet to a point on the northwesterly line of said Lot 6, said point also being on the Southeasterly right of way line of Colorado State Highway No. 2 and U.S. Highway Ho. 6F thence the following three courses along the Northwesterly line of said Lot 6 and the Southeasterly right of way line of said Colorado State Highway No. 2 and U.S. Highway No. 6y thenoc North 45*00480 East a distance of 396.72 feet; thence Korth 4611'03'F East a distance of 299.95 feat; thence North 43"078400 East a distance of 261.S4 feet to the Northwest corner of said Lot 6; thence South 69*'52350 East along the North line of said Lot 6 a distance of 58.15 feet to the TRUE POZNT OF BIGWIVkNG, County of Adams, State -of Colorado.
SKLD LM 10.11.1.26 AD 183385-1996.004

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SHELL RfR PROPERTYBEGINNING at the Southeast corner said Section 14$ thence North 90 deg. 0O Min00 sea. Nest on an assumed bearing along the South line said Southeast one-quarter a distance of 1013.00 fact to the TRUE POINT OF BEGINNING; thence continuing North 90 dog. 00 sin. 00 sec. West along said South line Southeast one-quarter a distance of 1188.57 feet to a point 430.00 feet Easterly of the Southwest corner said Southeast one-quarter; thence North 00 deg. 06 min. 30 sec. East along a line parallel to the West line said southeast one-quarter a distance of 1320.00 feet: thence North 90 dog. 00 see. 00 sin. Etat, 1189.14 feet to a point which Ls 1013.00 feet West of the East line said Southeast one-quarter; thence South 00 dog. 08 min. 00 sec. West along a lino parallel to the East line said Southeast ons-quarter a distance of 1320.00 feet to the TRUZ POINT o0 BEGINNING, EXCEPT the South 30.00 feet thereof. NOTEs Land refejard to in Book 1884 at Page 950 described as follow: BEGINNING at a point 30 feet North and 669 feet West of the southeast corner of the Southeast quarter of Section 14, TownshIp 2 South, Range 67 West of the Sixth P.M., County of Adams, State of Colorado; thence North, a distance of 1290 feet, thence West, a distance of 344 feet to an existing pin; thence South a distance of 1290 feet more or less, to a point 30 feet. North of the South line of the Southeast quarter of Section 141 thence East and parallel with the said South line, a distance of 344 feet to the POINT OF BEGINNING.

That part ot the NE 1/4 of Section 14, Township 2 South, Range 67, West of the 6th P.M., lying Southeasterly of U.S. Highvay Io. 6 and Southerly of the South lines of those tracts of land desc•rbed in deeds recorded November 5, 1967 in Book 1361 at Page 76 and June 3, 1982 in Book 2649 at Page 750, EXCZPT that portion thereof lying within Peoria Street and EXCEPT that portion thereof described in deed recorded Docenber 19, 1960 in Book 883 at Page. 556, County of Adams, State of Colorado.

-3- SKLAD LM 10.11.1.26 AD 183385-1996.006

SHELL RfR PROPERTYNOTE: Land referred to in Book 1361 at Page 76, described an follows: That part of the MX 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follow.: BEhGIfl'hO at the East Quarter Corner of said Section; thence Northerly, along the East line of said Section, 450 feet; thence Westerly, on an angle to the left of S9 deg. 40 Win. 08 sea., parallel with the South line of said NE 1/4, a distance of 990 feet to the TRUE POIT OF DEGINWINmG thence Westerly, parallel with said South line, 1296.14 feet to the Easterly right of way line of Colorado state Highway No. 2; thence on an angls to the right of 131 deg. 46 tin. 00 sec. and along said Easterly right of way line 1313.94 feet to a point 1430 feet North of the South line of said ME 1/4. thence Easterly on an angle to the right of 4B deg. 13 min. 52 sec., parallel with the South line af said ME 1/4, a distance of 417.25 fAet to a point 99o feet West of the East line of said ME 1/4; thence Southerly, on an angle to the right of 89 deg. 40 sin, 08 sec. and parallel with said East line, 980 feet to the TRUE POINT 

### op EEGIuWc. NoTE: Lan referred to in Bock 863 at Page 556 described as follows: A parcel of land located in the NE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.K. described as follows.: BEGINNIOG at a point which'is 2190 feet South and 30 teet West of the Northeast corner NE 1/4 Section 14, Township 2 South, Range 67 West, thence West 630 feet; thence South 450 feat; thence East, 630 feet:' thence North 450 feet; to the POINT OF BEGINNING. MOTE: Land referred to in BOOk 2649 at Page 7S3 deacribed as follows: A parcel of land In the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: BEGINIG at the East 1/4 corner of said Section 14; thence North 00 deg. 00 min. 00 sec. East, on an annmed bearing along the East line of said Northeast 1/4, a distance of 520.00 Cfet; thence North 89 deg. 40 min; os sec. West, parallel with the South line said Northeast 1/4 a distance of 30.00 feet to the TRUE POut? OF NEGfIimo: thence continuing North 39 deg. 40 sin. 08 sec. West, a distance of 960.00 feet; thence North 00 deg. 00 min. 00 sec. East Parallel with the East line of said 

### SKLD LM 10.11.1.26 AD 183385-1996.007

SHELL RfRPROPERTYNortheast 1/4 a distance of 910.00 feet; thence North 89 deg. 40 ain. O0 sec. Went a-distance of 417.23 feet to a point on the Easterly right of way line of Colorado State Highway No. 2: thence North 42 deg. 04 min 00 sec. East along said Easterly right of way line a distance of 250.85 feet: thence North 42 dog. 24 sin. 20 sec. East continuing along said Easterly right of way line a diLtance of 204.10 feet to a point on the South line of the Public Service Company right of way; thence South 89 deg. 32 min. 10 sec. East along said South right of way line a distance of 1071.55 feet to a point on the West right of way line of Peoria Street; thence South 00 deg. 00 min. 0O sec. West along said West right of way line and parallel with the Cast line said Northeast 1/4 a distance of 1246.21 feet to the TRUE POINT OF BEGINNING. Hoffman Tract The land conveyed by Warranty Deed dated January 30, 1991, from Clifford R. Hoffman and Joan Hoffman to Shell Oil Company recorded in Book 3748, Page 201, and more particularly described as follows: Block 2, Fischer-Hoe fman Tract Adams County, Colorado

an known by street and numbar as 9925 Peoria.

. )Eau ! Tract The land conveyed by Warranty Deed dated January 24, 1991, from Albert L. Haul and Evelyn1'. Maul to Shell Oil Company recorded in Book 3747, Page 424, and more particularly described an follows: That part of the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows, BEGIN•?NrG at a point which Is located 2190 feet South and 30 feet West of the Northeast corner of said NE 1/41 thence West a distance of 630 feet, thence South a distance of 450 feet; thence East a distance of 630 feetr thence North a distance of 450 feet to the POINT OF BEGINMNG Adams County, Colorado

as known by street end number as 10021 Peoria

The land conveyed by Warranty Deed dated February 21, 1991, from Albert H. Ohl* and Barbara J. Ohal to Shell Oil Company recorded in Book 3755, Page 441, and more particularly described as follows:
A tract of land located in the SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows:

SKLD LM 10.11.1.26 AD 183385-1996.008



### SHELLRfR PROPERTY"agirming at a point 30 feet North and 669 feet West of the Southeast corner of the SE 1/4 of said Section 14, thence North, a distance of 1290 feet: thence West, a distaoce of 344 feet to an existing pin; thence south, a distance of L290 feet; more or less, to a point 30 feet North of the South line of the 9Z 1/4 of sa•d Section 14Us t3ance last and parallel vith thu said south i-ne, a distance of 344 feet to the Point of Beginning. County of Adams, State of Colorado,

as known by street and number as 11841 E. 96th Avenue. Werth Trac The land conveyed by Warranty Dead dated January 30, 1991, from Ronald J. Werth and Virginia A. Werth to Shell 0oi CompAny recorded in Book 3749, Page 985, and more particularly described as follovs: All of Block 2,*Vaq'er Tract Adams County, Colorado

as known by street and number as 9755 Peoria Street.

The land conveyed by Warranty Deed dated Foebxuay 22, 1990, f, - By== W. HoleaLne to Shell Oil Cosenpay, recorded in Book 3650, Page 425, and monre particularly deoo.ibed as follows$

T114V PART OF TH i@UflTTeT I#f4 OF MCTIGN 14. TOW4IUP 2 W4VIM,

ON& *? M1M OrI THC 01W PRZNGZPA4. rn=EDFAK, ^DM miury. COAL.RAMa MMCSSMU A:V OW; X9Qffl AT 

### m9 SUMTHEAST CORwNM Or *AID 094TI 34, THOCC MM+#V TO 09L0MCE 90 fltRIWg 00 99i4ýQiW wear as' Am Aarnmt OALnsZw A4.0N ww scum4 LsmE sAtv UQUThAaT Slt4 A D01rTACC OF t1*. 647 FPT iT "1eTnum-W7OIT or aggINr4IN9* T-ame CaOkimix, tTWH 5,0 Vo aesac I o NIN0r"tZ 90 W6OOS OE ALONO wAID avuTm LiKe xwVEAvT % '4 A vz*57A145 or 013. 2 M91 TO A POXCIT 767.47 PrUT ? SMLi Mr THEA5IUY O m CORNER4310 *OVITKEAS I (l 1 f M, IOgIdATo 0 DiRi 04 h ,wlIT 00 MUPtW4 MAINT W.040 A C.11W PoNALL= To iW NEST L.SME KAZU

VTNEAST t14 A 09AM4CL OCW 1=0.00 rEggi NO fl4. @0 VMMMS @o enua00 SECO M D WAST# ,13. sP KI TO A POINT -gtcfto Is 133. 6P" T ra V &=o TWI EAMT LIE MAd SOU*ThET I/M T11C5 SUTH 00 06411M a n 0I Itn 09 Mm=D bT "M L.C PAR3*LUL. TO TM, ta- T IM SAIDGSOUTEA If* 1#4, A DtSTAN@ 4W z83. go PWT To T•I Taw POINT Or SlEogeIrm LexST =UTh WQ.00 My & INEIO.

Lflmbert Tr*.gt That land conveyed by Warranty Died dated August 17, 1989, from Markus H. Laubext and Myra D. Lambert to Shell Oil Campany, reoorded In Book 3594, Page 10, and =ore particolaily dencribed am followat

SKLD LM 10.11.1.26 AD 183385-1996.009

SHELL RfR PROPERTYTHAT PART OF THWSOUTHEAST 1/4 WUJf4AST 1/4 OF SECTION 14. TOWlNSHIP 2 OUTH RANGE 47 16t OF THE 6TH PRINCIPAL MERIDIAN, "ORE PARTICUJLARLY *0CIZAiED AS FOLLOWS:
COMMENCING AT 7HE SOUTHEAST CORNER OF SAID SECTION 143 THUCE IWORTH ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 30 FEETj THENCE NORTh 89 DOGREEOSS 19 IM1NuTaS.T, A DISTANCE OF 69 FEET TO THE TRUE POINT OF 8•= EG INN THENCE NORTH, A DISTANC OF 340.31 FEET. THCE SOUTH 89 DEGREES 18 "ZNUMS LAST, A DISTANCE 13F 320 FEWTS THENCE SOUTH. A .DISTANCE OF 340.31 FEET. THENCE NORTH. 09 DEGREES 18 MIINUTES WEST. A DISTANCE OF 320 FEET TO THE TRitu POINT OF BEDINNIZ. COUNTY OFD JADAM. STATE OF OLORADM

ARD THAT PART UF THe SOUTHEAST /4 SOUTHEAST 1/4 OF SECTION 14. TI"PNI;2P 2 GiVTH RANGE £7 WEST OF THE 6Th PRINCIPAL KPIORDZAN "IORE FPATICUL•RALY DECARIID AS FOLL0W: CONUENCINS AT THE SOTWlAST CORNER OF SAID SE~fON 141 THEMCE NOTH ALONG THE EAST LINE OF SAID SECTION 14. A DISTANGE OF30 FEET. THENCE 155. A DPISTANCE OF 30 FECT TO THE TRUE POINT OF THENCE NORTH 89 GOREES 113 MINUTES lEST. A DISTANCE OF 319 THENCE NORTH, A DISTANCE OF 340.31 FEETs THENCE NORTH 89 DEGREES LB MZINUTES WZST. A DISTANCE OF 220 FEKE v 'THENCE NORTH, A DISTANCE OF 410. 10 FEET, THENCE WUTHEAUTMI.Y. A DISTANCE OF 6:3. 2 FEET TO A POINT )lHICH to 30 EXT WEST OF THE EAST LINE OF SAIDMETION 14 AD WORTH 01 DEu•RES @1 I"IINIPIT EAST A DISTANCE OF 615 FEET FRO" THE' TRU' POTNT aF" IEGINNINOm THENCE SOUTH 09 DEGREES 01 MINUTES WEST. A DISTANCE OF 615 FEET TO THE TRUE POINT OF LE' NINO, COUNTY OF ADANs, STATE WF COLORADO.
aelo )=own by street and nuabor am 11921 East 96th Avenue, Ccmerco City, Colorado

That 2und canveyed by Narranty Dead dated October 19, 1989, from Ronald J.. Maul to Shell Oil CompaMy, recorded in Dook 3615, Page 7, and -oe particularly d(Iscribed up follows' PARCEL A: THAt PORTIVN OF T7W UOUT~IIEST 1/4 OF SECTION 13, TO14W5IP 2

OUtr. RAG 67 MEST OF THE 4TH PRINCIPAL II•ERIDIAN, AVANS COUNTY. COLMRADO. "LORE PARTICUILARLY DE0NCR IM AS: COIpwIENOINg AT THE ouITiEoST. carlN OF SAi" D SECTION 13 THENrE NORTH LON1O.THE WESST LINE OF SAID BECTION 13, A D4IDTAMNC OF 064.0"F'EETI T•EE DF.ECTIN9 RIGHT 90 DPEOMME A D0ITA4•C OF 30.0 FEET TO TE TM POINT OF EsI iNG THENCE DEFLECTING RIGHT 40 DEGREES 7 fINtUIES A DISTANCE OF 6i5O FEETI E]NCE DEFLEFCTINQ LEFT 20 DGES48 11INUTES A DISTANCE OF 575.0 FEET THENCE DEFLETINQ LEFT 9 OEGME 03 JMINIES. A ISTANCE OF I=0.0 FEET THECE DEFLECTINo LEFT 10 VOEOW 20 MINlTES, A D[TANCrE OF 79.0 F ,ETH.M5E DEP.LECT[WO LEFT 1437 DftREE8 6 fIhTITES 49 SECONDS. A UrSTANCE OF 1353.09 PU111 THENCE VSFL=CTIN, LEFT 42 DF.REE 47 INIlMUES 21 SECUUo, A DISlTAVNCE OF 300.0 FEET, THENCE D-FLECTING LEFT 90 DEGO•ER A DISTAME OF 262.0 FEET TO THE TiRWE POINT OF EOGINNING.
SKLD LM 10.11.1.26 AD 183385-1996-010



### SHELL RfR PROPERTYPARCEL 2: THAT PART OF ME4 SfOtfHI*4fT 1/4 OF SECTION 13. TOWNSHIP 2 SOUTH. RANME 67 um OF THE 6114 PRINCIPAL IERIODIM, ADMI5 COUNTY CoLORAD1O DEgCIIDED AU IEDINN4N0 AT A POINT OR THE OUT LINE SAID SECTION 1M SAID POINT ICING 1136.4 FOLr M39Tm OF THE

UTqIfWST CURlER UP SATOD SECTION t1o THENCE FAST AT RIGHT ANGLE% TO MAID WEST LINE OF ICTIOI 13. 330.0 FEET$ TIWNCJ CEPLECTINO RIGHT- 90 MOES 10.4 FEETI THENCE DEFLECTINo RIGHT 90 MEOSIES 330.0 FEET NONE OR. LESS TO A POINT oN 1IM 1A LIINE OF SAID sECTION Sao 7IpMC NORM 1)41 THES1 LIMN OF SAID sECTIoN 13C 10. 4 FEET NORE OR LaEw TO TME POInT OF UEGZIN[NO, EXCEPT THE EST 20. 0 FEE1 OF THE ABO DVECViRZID PROPENTY. also known by street and rn-ber as 9760 Peoria

That land ConVe4ed by Warranty Deed dated August 17, 1989, free Thema J. Smaldone to Shull Oil Company, recorded in Book 3594, Page 14, ad viore part.icula.y described am tollowns THAT PART OF ME SOUTHWEST 1d4 IV SECtION 13. TOWSHIP 2 S1OUTH. RANGE 67 WEST OF THE 6TH PRINCIPM. KERIDIANW DECRIBED AS FOLLOW.S: IEOINNIN@ AT THE 80UT06413 CORNER OF SArvD 5ATIa t3a THENCE FAST 263&3 FEET ALONG THE SOUTH LINE OF SAID SECTION 13 TO-THE SOUTH QUARTER CORNEA OF SATD SECTION Is$ THENCE NORTH.00 DECRIE Oil HNI1JI EAST ALONG THE NORTH-ouTH CENEXIN.E OF SAID SECTION A Otl"NWCS tF 227 F'EET. THENCI NORTH 3 EWGREES 33 rINUTEN WEST A DISTANCE OF 399.6 FEET* THENCE NORTH 72 DECREWE 33 MINUTErIiEST. A"DISTANCE OF 122 

### PEED THENCE SOUTH 44 DECREIS 3B ?jINTIE MST A DISTANCE OF 344 FEXT. THENCE NORTH W?Oi[CRIe 8s2 NUmTE waS A DISTAcsE OF 744 FEET, THENCE NORTH 79 "DR 32 INVMJ WES 417, A. DISrTANC OF 150 FEED,* 1' g INORTH 70 DEGREES 29 HINIUTES WEST A DISTANCE OF V75 FEET TENC9 NORTH 49 DM.AIES 41 NINUTES S•EST. A DISTANCE OF 693 .EPr THENCE WORTH 99 DMEREER 46 HINUTES WST. A DISTANCE OF 30 FET TO THE •EST LINE OR CAID SECTIW4* THENCE SOUTH 00 DEGREES 12 KTIZNUM 

### uW-. A DISTANCE OF 064 FEET. IIORE CF ESS, To THE POINT OF beIEZIZNG, EXCEPT THAT PART OF THE.S+UT164ST 1/4 OF SECTZON 13, TOWNSHIP 2 SOUTh. ANCE 47 WEST OF THE 4TH PRINCIPAL ECRIVDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT THM SQJTH GUARTER COuNIR (W SAID SECTION 13, THECE NORTH 00 DENRES of MINMTES EAST Azr4IO@ THU NORTH-,UrTH CENTERLINE CW SAID SECTION 13 A DI#TANC OF 227 THENCE NORTH 63 DEGREES 33 MINUTIS WEST TO A POINT THAT IN EXACTL•" 0 FEET WEST OF SAID NORTh-SOUTH CE)TALINE OF SAID SECTION 13; THENCE SOUTH TO A PI0NT ON THE SOUTH LINE OF SAID SECTION 13 WHICH 19 EXACTLY 60 FEET WEST OF SAID 10471 QUARTER CORNER OF SAID SECTTON 13t THENCE CAST ALONO BAID GOUTH LINE OF SAID SECTION 13 A DISTANC. OF 6W FEET TO TIE POINT OF REOIIINO, COUNTY OF ADAM STATE OF COLORADO. aloo known by street and mumber an 9610 Peoria

That land coaveyed by Warranty Dead dated August 17, 1989, fr*o Dennis l. Spencer and Patricia L. 8pencer to Shell oll coop~ay, recorded in Book 3594., Page 12, and xore partinl~arly desoribed as foXloive

SKLD LM 10.11.1.26 AD 183385-1996.011



### SHELLRfR PROPERTYTHAT PART OF THE 8GUFlEAST 1/4 OF SECTION 14# TV^OI[P 2 SWih RANCE 47 WEST OF TIE 41H PRINCIPAL 1OttIDII, DEpSCRINED AS WDIW4IN@ AT THE SOUTHEAST CORNER OF SAID NCT1IO4 &41 THENCE

RTH 9@ DEOREES 00 MgNUMT 00 UECONIS WEET ON AN ASSUMED . IEARJt MALO THE SuTH SM NEI OF 841D 11 FIEOUT' 1/4. A DISTANCE Or S01 .00 PU'T TO THE TiUE POINT OF 6EDI0NOm THENCE CONTINUI0 NORTH 90 DEMM 00 INiI$rf'S 00 igOM WEST ALONG SAID SOUTH LINE SOUTISAIT 1/4, A DISTANCE OF $.7 67 FEET TO A PINT U100.TOU Er I MANJY OF THE BOU74WOT CORNER OF SAID RoUTH0AT 1/4 THNC NMONT 00 DOKfaueE 05 NIMITES 00 SECONDS EAST ALOND A LhINE PARAUAA. TO THW LAST LItN OF BAID OUWT"EAST 1/4# A DISTANC Of 9=4L.0O Fms THENCi NORTm 90 VlQFW8 00 tMfru•s 0 SECONDS EAST 327. 67 FEET TO APOINT WHICH IS 1013.00 FUT WEST OF THE EAST LINE OF SAID SOUTHEAST 9141 THME SOUTH 00 DE1MGE 0o HMINUTES 00 CCONDS NEST ALONU A LiNE PARALLEL TO THE EAST LINE OF SAID SOUTIWAIT 1/4. A' DISW•ICE OF 1220.i00 PIST TO THE TRUZ POINT -OF UE@INNPINO, "EXCEPT TiE GOUTH 30. 00 F"T THIREOF. CWY lOFPADAMS. STATE OF C¢..0UADIO.

SKLD LM 10.11.1.26 AD 183385-1996.012



### SHELL RfR PROPERTY

### Exhibit5 Revised License Agreement Between Shell and Army

SHELLRfR PROPERTYREVISED LICENSE
THIS REVISED LICENSE, effective December 3, 1991, is between SHELL OIL COMPANY, a Delaware Corporation duly authorized to do business in Colorado ("Shell"), and the UNITED STATES DEPARTMENT OF THE ARMY ("the Army"). This Revised License supercedes the original License between Shell and the Army which became effective on August 5, 1991.

RECITAL

A. Hazardous substances may be present on or under the property located north of Rocky Mountain Arsenal (more fully described in the Revised Exhibit A attached hereto and incorporated herein (the "Property")) which the Army desires to address as part of the Interim Response Actions, Remedial Investigation/Feasibility Study and implementation of the Record of Decision (ROD) (the "Activities"), for the Off-Post Operable Unit pursuant to the Federal Facility Agreement (the "FFA") and the Settlement Agreement (the "Settlement Agreement"), both dated effectively February 17, 1989, among the Army, Shell, et al. B. Shell and the Army desire to enter into this License Agreement to set forth the terms and conditions under which Shell is willing to grant the Army access to and use of the Property for the purpose of conducting the Activities. C. This Revised License has been made necessary by aquisition of additional property by Shell which now becomes part of the property licensed to the Army for its access. The Revised Exhibit A reflects all property licensed from Shell.

AGREEMENT

In consideration of the foregoing and the agreements stated herein, the parties hereby agree as follows: 1. Shell grants to the Army, its contractors, subcontractors, and their employees and agents, a nonexclusive license to enter upon and use the Property and related water rights for the purpose of conducting the Activities. This License shall continue in force until the Activities are completed to the satisfaction of the Army, or until termination in accordance with Paragraph 14 hereof, and have priority over any other interest Shell may grant to any other party. All other licenses, interests, or uses of the property, including mineral rights, shall be subordinate to the Activities of the Army herein provided.
00011551 1736-111-A

SHELL RfR PROPERTY2. This License is intended and shall be construed to grant only a nonexclusive license, and not a grant of easement or any other interest in the Property. Except as related to conduct of the Activities on the Property, the Army shall not be responsible for general operation and maintenance of the Property. 3. All improvements placed upon the Property by the Army shall be and remain the property of the United States. Upon completion of each of the Activities upon the Property, the Army shall remove any such improvements, as well as tools, equipment or materials placed thereon, unless otherwise agreed to by the parties. Upon completion of all the Activities, restoration will be as agreed to by the parties. 4. The Army shall exercise due diligence to keep Shell advised of the Activities being conducted by the Army, its contractors, subcontractors, employees or agents on the Property. The Army agrees to allow Shell and its employees or contractors to observe the Activities. 5. Except as expressly set forth therein, nothing in this License shall be construed to modify, waive or affect in any way the rights, obligations and remedies available to the parties under (a) the Settlement Agreement, (b) the FFA, or (c) any other existing CERCLA-related agreement between Shell and the Army. 6. The Army shall require its contractors that conduct Activities on the property to maintain as a minimum, adequate insurance to cover the following: (a) Workers' compensation and occupational disease insurance in amounts sufficient to satisfy applicable state law; (b) Employer's liability insurance in the minimum amount of $500,000 per occurrence; and (c) Comprehensive general liability insurance for bodily injury, death, or loss of or damage to property of third persons in the minimum amount of $500,000 per occurrence. Upon request, each Army contractor shall promptly provide Shell with an original policy or policies of insurance or certificate or certificates of insurance evidencing that it is in compliance with this paragraph. 7. In the exercise of its rights hereunder, the Army shall comply with all applicable laws and regulations, and shall require its contractors to comply with all applicable laws and regulations in connection with the Activities. The Army will be responsible for actions that involve permit issues.
2



### SHELL RfR PROPERTY8. Shell's liability concerning the performance of the Activities shall be solely as defined by the FFA, the Settlement Agreement or this License. Any dispute relating to the License shall be referred to the Program Manager and the Denver Site Project Manager. If the Program Manager and the Denver Site Project Manager cannot agree within 30 days, the party initiating the discussions may cause the matter to be submitted to a Shell Vice-President and the Deputy Assistant Secretary of the Army for Environment, Safety and Occupational Health for resolution. A copy of the resolution of any dispute shall be provided to the District Engineer, U.S. Army Engineer District, Omaha. 9. Except when damage or loss results directly from activities authorized by or taken pursuant to a Task Plan (as defined in the Settlement Agreement), any property of Shell or the Army damaged or destroyed by the other in connection with the exercise of the privileges herein granted shall be promptly repaired or replaced by the party responsible for the damage or destruction to the satisfaction of the party owning such property. If either party is of the opinion that such repair or replacement is not appropriate, it shall so notify the other, together with a proposed alternative. If the Program Manager and the Denver Site Project Manager cannot agree within 30 days, the party initiating the discussions may cause the matter to be submitted to a Shell Vice-President and the Deputy Assistant Secretary of the Army for Environment, Safety and Occupational Health, for resolution. 10. Shell shall not be responsible or liable for injuries to persons or damage to property when such injuries or damage are caused by or result from the Army's or its contractors' use of the premises under the terms of this License and are not due to the negligence of Shell. 11. Except as authorized by a Task Plan or otherwise, the Army and its contractors shall not, as a consequence of activities after the effective date of this License, release or discharge air emissions, waste, effluent, hazardous substances or contaminants in such a manner that the release or discharge will unlawfully pollute or contaminate the air, ground (including subsurface strata or water, including groundwater) or become a public nuisance. The Army recognizes and assumes responsibility for all environmental obligations imposed under applicable environmental laws, regulations, or other such requirements relating to any contamination of the Property arising from the conduct of any Activities. 12. The nonexclusive license is effective only insofar as the rights of Shell in the property involved are concerned, and the Army shall obtain such permission as may be necessary on account of any other existing rights.
3



### SI-ELL RfR PROPERTY13. Any representations or warranties by Shell concerning the Property are as expressed in this License and no other repre~entations or warranties, either expressed or implied, are made by Shell. Shell will record a memorandum of this License in the appropriate County records. 14. The Army agrees not to interfere unreasonably with Shell's use of the Property. Shell shall have the right to terminate this Agreement upon IS0 dayS notice. However, Shell must continue the operation of all Response Action structures on the Property under the same rerms and conditions and in the same manner of those Response Action structures were operated by the Army until operation of those Response Action structures is discontinued pursuant to Section XXXV of the FFA. Any costs incurred by the Army as a result of Shell's termination of this License shall be considered a Reimbursable Cost of the Army as provided by the Financial Manual. 15. The Army and Shell have agreed to a schedule and method of payment as compensation by the Army to Shell for this License. 16. This License shall be binding upon the parties hereto and their respective successors and assigns. 17. All expenditures to be made by the Army under the provisions of thls License shall be subject to appropriations being available for the purpose. 18. This License is effective on December 3, 1991.
FOR THE DEPARTMENT OF THE 'WRMY FOR SHELL OIL CO Y

$aul W. -J R.D./Gerard Deputy Assistant Secretary Vice President of the Army-in OASA (I, L&E)

17 "I 

### 1992 2 3 MAR 1992 April 20, 1992 Date Date

4



### SHELL RfR PROPERTYERIBXIT 1A
Adams County Joint Venture Tract The land conveyed by Warranty Deed dated February 25, 1991, from the Adams County Joint Venture to Shell Oil Company and more particularly described as follows: Southwest Quarter of Section 13, Township 2 South, Range 67 West, excluding therefrom those tracts of land described in the following deeds: 1) Book 771 at Page 234 2) Book 1003 at Page 527 3) Book 1037 at Page 479 but including the east 60 feet of the tract of land described in said Book 771 at Page 234, all being in records of said Adams County. Commerce City Tract The land conveyed by Warranty Deed dated October 15, 1991, from the City of Commerce city to Shell Oil Company and more particularly described as follows:
A parcel of land situated in a portion of Lots 3, 4 and 6, Block 1, ADCO Industrial Park Subdivision, being a portion of the Southwest one-quarter of Section 14, Township 2 South, Range 67 West of the Sixth Principal Meridian, County of Adams, State of Colorado, more particularly described as follows: Commencing at the center one-quarter corner of said Section 14, said point also being the Northeast corner of said Lot 6, said point being the TRUE POINT OF BEGINNING; thence South 00"07'25" West along the East line of said Lots 6 and 3 and along the East line of the Southwest one-quarter of the Southwest one-quarter of said Section 14 a distance of 1058.92 feet; thence North 62'32'170 West a distance of 824.60 feet to a point on the



### 00004433 173

### 6-1/1-A-a

SHELL RfRPROPERTY

### Northwesterly line of said Lot 6, said point also being on the Southeasterly right of way line of Colorado State Highway No. 2 and U.S. Highway No. 6; thence the following three courses along the Northwesterly line of said Lot 6 and the Southeasterly right of way line of said Colorado State Highway No. 2 and U.S. Highway No. 6; thence North 45'00'480 East a distance of 396.72 feet; thence North 46"111031 East a distance of 299.95 feet; thence North 431 0

### 7140

### 0 East a distance of 261.54 feet to the Northwest corner of said Lot 6: thence South 89"52'35N East along the North line of said Lot 6 a distance of 58.15 feet to the TRUE POINT OF BEGINNING, County of Adams, State of Colorado. Fischer Tract The land conveyed by Warranty Deed dated January 30, 1991, from Peggy Nadine Fischer, n/k/a Peggy Nadine Hite, to Shell Oil Company recorded in Book 3748, Page 724, and more particularly described as follows: Block 1, Fischer-Hoffman Tract Adams County, Colorado Hickey Tract The land conveyed by Warranty Deed dated January 17, 1991, from Michael E. Hickey and Charles E. Hickey to Shell 

### Oil Company recorded in Book 3746, Page 328 and more particularly described as follows: PARCEL A: The SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M. EXCEPT the South 30 feet thereof; EXCEPT that portion thereof lying within Peoria Street, 96th Avenue and East 100th Avenue; EXCEPT that portion thereof lying within the Subdivision of Fischer-Hoffman Tract; EXCEPT that portion thereof described in deeds recorded December 19, 1960 in Book

A-2

SHELL RfRPROPERTY883 at Page 558, August 21, 1969 in Book 1539 at Page 239 and August 28, 1973, in Book 1884 at Page 850 and EXCEPT any portion thereof that may lie Westerly of the West line of that tract of land described in deed recorded December 9, 1960 in Book 882 at Page 335. County of Adams, State of Colorado. Note: Land referred to in deed recorded in Book 883 at Page 558 described as follows: A parcel of land located in the SE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.M., described as follows: BEGINNING at a point which is 2640 feet South and 30 feet West of the Northeast corner NE 1/4 Section 14, Township 2 South, Range 67 West; thence West 960 feet, thence South 1320 feet, thence West 1220 feet, thence South 1290 feet, thence East 2180 feet, thence North 2610 feet to the POINT OF BEGINNING; NOTE: Land referred to in deed recorded in Book 1539 at Page 239 described as follows: That part of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as follows: BEGINNING at the Southeast corner said Section 14; thence North 90 deg. 00 min. 00 sec. West on an assumed bearing along the South line said Southeast one-quarter a distance of 1013.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 90 deg. 00 min. 00 sec. West along said South line 

### Southeast one-quarter a distance of 1188.57 feet to a point 430.00 feet Easterly of the Southwest corner said Southeast one-quarter; thence North 00 deg. 06 min. 30 sec. East along a line

A-3



### SHELL RfRPROPERTYparallel to the West line said Southeast one-quarter a distance of 1320.00 feet; 

### thence North 90 deg. 00 sec. 00 

## mmn. East, 1189.14 feet to a point which is 1013.00 feet West of the East line said 

### Southeast one-quarter; thence South 00 deg. 08 2ini. 

### 00 sec. West along a line parallel to the East line said Southeast one-quarter a distance of 1320.00 feet to the TRUE POINT OF BEGINNING, EXCEPT the South 30.00 feet thereof.
NOTE: Land referred to in Book 1884 at Page 850 described as follow: 

### BEGINNING at a point 30 feet North and 669 feet West of the Southeast corner of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the Sixth P.M., County of Adams, State of Colorado; 

### thence North, a distance of 1290 feet, thence West, a distance of 344 feet to an existing pin; thence South a distance of 1290 feet more or less, to a point 30 feet North of the South line of the Southeast quarter of Section 14; thence East and parallel with the said South line, a distance of 344 feet to the POINT OF BEGINNING. PARCEL B: That part of the NE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., lying Southeasterly of U.S. Highway No. 6 and Southerly of the South lines of those tracts of land described in deeds recorded November 5, 1967 in Book 1361 at Page 76 and June 3, 1982 in Book 2649 at Page 750, EXCEPT that portion thereof lying within Peoria Street and EXCEPT that portion thereof described in deed recorded December 19, 1960 in Book 883 at Page 556, County of Adams, State of Colorado.

A-4



### SHELL RfRPROPERTYNOTE: Land referred to in Book 1361 at Page 76, described as follows: That part of the NE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows: BEGINNING at the East Quarter Corner of said Section; thence Northerly, along the East line of said Section, 450 feet; thence Westerly, on an angle to the left of 89 deg. 40 min. 08 sec., parallel with the South line of said NE 1/4, a distance of 990 feet to the TRUE POINT OF BEGINNING; thence Westerly, parallel with said South line, 1298.14 feet to the Easterly right of way line of Colorado State Highway No. 2; thence on an angle to the right of 131 deg. 46 sin. 08 sec. and along said Easterly right of way line 1313.94 feet to a point 1430 feet North of the South line of said NE 1/4; thence Easterly on an angle to the right of 48 deg. 13 min. 52 sec., parallel with the South line of said NE 1/4, a distance of 417.23 feet to a point 990 feet West of the East line of said NE 1/4; thence Southerly, on an angle to the right of 89 deg. 40 min. 08 sec. and parallel with said East line, 980 feet to the TRUE POINT OF BEGINNING. NOTE: Land referred to in Book 883 at Page 556 described as follows: A parcel of land located in the NE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.M. described as follows: BEGINNING at a point which is 2190 feet South and 30 feet West of the Northeast corner NE 1/4 Section 14, Township 2 South, Range 67 West, thence West 630 feet; thence South 450 feet; thence East 630 feet; thence North 450 feet; to the POINT OF BEGINNING.

A-5



### SHELLRfR PROPERTYNOTE: Land referred to in Book 2649 at Page 753 described as follows:
A parcel of land in the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: BEGINNING at the East 1/4 corner of said Section 14; thence North 00 deg. 00 min. 00 sec. East, on an assumed bearing along the East line of said Northeast 1/4, a distance of 520.00 feet; thence North 89 deg. 40 min. 08 sec. West, parallel with the South line said Northeast 1/4 a distance of 30.00 feet to the TRUE POINT OF BEGINNING: thence continuing North 89 deg. 40 min. 08 sec. West, a distance of 960.00 feet; thence North 00 deg. 00 min. 00 sec. East parallel with the East line of said Northeast 1/4 a distance of 910.00 feet; thence North 89 deg. 40 min. 08 sec. West a distance of 417.23 feet to a point on the Easterly right of way line of Colorado State Highway No. 2; thence North 42 deg. 04 min 00 sec. East along said Easterly right of way line a distance of 250.85 feet; thence North 42 deg. 24 min. 20 sec. East continuing along said Easterly right of way line a distance of 204.10 feet to a point on the South line of the Public Service Company right of way; thence South 89 deg. 32 min. 10 sec. East along said South right of way line a distance of 1071.55 feet to a point on the West right of way line of Peoria Street; thence South 00 deg. 00 min. 00 sec. West along said West right of way line and parallel with the East line said Northeast 1/4 a distance of 1246.21 feet to the TRUE POINT OF BEGINNING. Hoffman Trac:t The land conveyed by Warranty Deed dated January 30, 1991, from Clifford R. Hoffman and Joan Hoffman to Shell Oil Company recorded in Book 3748, Page 201, and more particularly described as follows:

A-6



### SHELL RfRPROPERTYBlock 2, Fischer-Hoffman Tract Adams County, Colorado

as known by street and number as 9925 Peoria.
AL Maul Tract The land conveyed by Warranty Deed dated January 24, 1991, from Albert L. Maul and Evelyn F. Maul to Shell Oil Company recorded in Book 3747, Page 424, and more particularly described as follows: That part of the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows: BEGINNING at a point which is located 2190 feet South and 30 feet West of the Northeast corner of said NE 1/4; thence West a distance of 630 feet; thence South a distance of 450 feet; thence East a distance of 630 feet; thence North a distance of 450 feet to the POINT OF BEGINNING Adams County, Colorado
as known by street and number as 10021 Peoria Ohle Tract The land conveyed by Warranty Deed dated February.21, 1991, from Albert H. Ohle and Barbara J. Ohle to Shell Oil Company recorded in Book 3755, Page 441, and more particularly described as follows:
A tract of land located in the SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows: Beginning at a point 30 feet North and 669 feet West of the Southeast corner of the SE 1/4 of said Section 14, thence North, a distance of 1290 feet; thence West, a distance of 344 feet to an existing pin; thence South, a distance of 1290 feet; more or less, to a point 30 feet North of the South line of the

A-7



### SHELLRfR PROPERTY

### SE 1/4 of said Section 14; thence East and parallel with the said South line, a distance of 344 feet to the Point of Beginning, County of Adams, State of Colorado,
as known by street and number as 11841 E. 96th Avenue. Werth Tract The land conveyed by Warranty Deed dated January 30, 1991, from Ronald J. Werth and Virginia A. Werth to Shell Oil Company recorded in Book 3749, Page 985, and more particularly described as follows: All of Block 2, Wagner Tract Adams County, Colorado
as known by street and number as 9755 Peoria Street.

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### SHELL RfR PROPERTY