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HomeMy WebLinkAbout904587 ,, zR. EV. D~,~F--I.V.E CLERK 9 0 [ ,~i'~tant Secretary's Cc;,-tifi.¢at,~ ~?I II: I, Elaine D. Hegler, the duly appointed Assistai~t Secr6taPy of, Dg~e Energy Field Se~ices, LP, a Delaware limited pa~nership, do hereby ce~ify that attached hereto are tree, co~ect and complete copies of the following tloc tmmnts: Certificate of Amendment of Certificate of Incorporation of Champlin Gas Processing Co. changing its name to Union ['acific Gas Processing Co. on May 21, 1987 including the evidence o1' filing the Certificate of Amendment with the Del aware Secretary o1' State. Certificate of Amendment of Certificate of lncoxporation of Union Pacific Gas Processing Co. changing its name to Duke Energy Gas Processing Co. on May 13, 1999 including the evidence of filing the Certificate of Amendment with the Delaware Secretary o1' State. Certificate of Merger of Duke Energy Gas Processing Co. into Fuels Acquisition Company, L.P. on July 21, 1999 including the evidence of filing the Certificate of Merger with the Delaware Secretary of State; Certificate of Amendment to the Certificate oF Limited Partnership of Fuels Acquisition Company, L.P. changing its name to Duke Energy Gathering and Processing, L.P. dated September 7, 1999 including the evidence of filing the Certificate of Amendment with the Delaware Secretary of State; and Certificate of Merger of Duke Energy Gathering and Processing, L.P. into Duke Energy Field Services, LP dated June _95, 2001 but effective June 30, 2001 including the evidence of filing tl}c Certificate of Merger with the Delaware Secretary of State; IN WITNESS WHEREOF, I have executed this Assistant Secretary's Certificate as of the 27th day of October, 2004. Elaine 1). 1 lcgler, Assistant Secretary STATE OF COLORADO § COUNTY OF DENVER § The foregoing instrument was acknowledged before me this 27th day of October, 2004, by Elaine D. Hegler, Assistant Secretary ol' Duke Energy Field Services, LP, a Delaware limited partnership, on behalf of the limit cd parmership. y con3missign expires: ,~.. . ,,,.,....~,,,,, -~[~.- O?NO~-,-. Notary Public 090458? CERTIFICATE OF AMENDMENT OF CERTIFICATE OF INCORPORATION FILED CHAMPLIN GAS PROCESSING CO., a corporation organized and existing under and by virtue of the General Corporation Law of .the State of Delaware, DOES HEREBY CERTXFY~ FIRST: That the Board of Directors of said corporation, by the unanimous written consent of its members, filed with the minutes of the board, adopted a resolution proposing and declaring advisable the following amendment to the Certificate of Incorporation of said corporation: RESOLVED, that the Certificate of Incorporation of CHAMPLIN GAS PROCESSING CO. be amended by changing the First Article thereof so that, as amended, said Article shall be and read as follows: "The name of the corporation is UNION PACIFIC GAS PROCESSING CO." SECOND: That in lieu of a meeting and vote of shareholder, the sole shareholder has given its written consent to said amendment in accordance with the provisions of Section 228 of the General Corporation Law of the State of Delaware. 09045S? - ' THIRD: That the aforesaid amendment was duly adopted in accordance with the applicable provisions of Sections 242 and 228 of the General Corporation Law of the Sta~e of Delaware. IT WITNESS WHEREOF, said CH~IPLIN GAS PROCESSING CO. has caused th~s certificate to be siqned by R. S. Jackson, Vice Presi- dent, and attested by R. E. Thompson, its Secretary, this 1st day of May, 1987. 055 2 CHAMPLIN GAS PROCESSING CO. R. S. ~Ackaon Vice President A~"~ EST: R. Thompson, y The First PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "CHAM~LIN GAS PROCESSING CO. ", CHANGING ITS NAME FROM "CHAI~IPLIN GAS PROCESSING CO." TO "UNION PACIFIC GAS PROCESSING CO. ", FILED IN THIS OFFICE ON THE TWENTY-FIRST DAY OF MAY, A.D. 1987, AT 10 O'CLOCK A.M. 0879776 8100 040534476 - Harriet Smith Windsor, Secretary of State AUTHENTICATION: 324 7448 DATE: 07-21-04 09045S? 0554 CERTIFICATE OF AMEN [)MENT OF CERTIFICATE OF INCORPORATION - OF UNION PACIFIC GAS PROCliSSING CO. Union Pacific Gas Processing Co., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the "Corporation"), DOES HEREBY CERTIFY: First: That the Board of Directors of the Corporanon, by a unanimous written consent in conformance with Section 141 (f) of the General Corporation Law of the State of Delaware, adopted resolutions proposing and declaring advisable that the Certificate of Incorporation of the Corporation be amended so that Number 1 shall be and read as follows: "1. The name of the corporation is Duke Energy Gas Processing Co." Second: That thereafter the sole stockholder of thc Corporation entitled to vote in respect of such Amendment, acting pursuant to Section 228 of the General Corporation Law of the State of Delaware, has given its written consent to such amendment. Third: That such amendment was duly adopted in accordance with the applicable provisions of Sections 242, 141(f) and 228 of the General Corporation Law of the State of Delaware. IN WITNESS WHEREOF, Union Pacific Gas Processing Co., has caused this certificate to be signed in its corporate name by J. W. Mogg, its President and Chief Executive Officer, and Beverly J. Fite, its Assistant Secretary, this 13t~ day of May, 1999. UNION PACIFIC GAS PROCESSING CO. By: [Seal] ATTEST: Beverly J. Fite, As~stant gecretary J. W. Mf~'g/gj President and Ch ief Executive Officer 0~045S? State of Delaware Office of the Secretary of State PAGE 0555 I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "UNION PACIFIC GAS PROCESSING CO. ~, CHAN~NG ITS 1~o~. FROM ,,Tr~s?m~ PROCESSING CO,fi'" TOd'~D~';;'E~'~G~-'~S PROee~t~ 0 I CLOCK l'tl~ i M i" 'ii : t' ' ] : I. =~ ~um~ OF::.'~:~'S CERT-i~I'~TE HAS BEEN FOR~D TO THE A ~W ~ST~E CO~ ~'CO~R OF DEEDS. 0879776 991191549 8100 Edwm'd J. Freel, Secretary of State 9744375 AUTI t ENTICATION: DATE: 05-14-99 0 3045S? CERTYFICATE OF MERGER 0556 OF DUKE EN'F. RGY GAS PROCESS~IG CO. INTO FUELS ACQUISITION COMPANY, L.P. a Delaware Limited Partnership Pursuant to Section 263 of the General Corporation Law of the State of Delaware Fuels Acquisition Company, L.P., a Delaware limited partnership, does hereby certify as follows: FIRST: That the names and states of incorporation of each of the constituent entities of the merger are as follows: N&ME STATE OF INCORPORATION DUKE ENERGY GAS PROCES SING CO. DELAWARE FUELS ACQUISITION COMPANY, L.P. DELAWARE SECOND: That an Agreement and Plan of Merger bet~veen the constituent entities to the merger has been approved, adopted, certified, executed and acknowledged by each of the constituent entities in accordance with the requirements of Sections 228 and 263 of the General Corporation Law of the State of Delaware and Section 17-211 of' the Delaware Revised Uniform Limited Partnership Act. THIRD: That the name of the surviving entity or' the merger is Fuels Acquisition Company, L.P. (the "Surviving Limited Partnership"). FOURTH: That the Certificate of' Limited Partnership of' Fuels Acquisition Company, L.P., a Delaware limited partnership, which is the surviving entity, shall continue in full force and effect as the Certificate of Limited Partnership of the Surviving Limited Partnership. FIFTH: That the executed Agreement and Plan of Merger is on file at the principal place of business of the surviving entity, the address of which is: 5400 Westheimer Court, Houston, Texas 77056. SIXTH: That a copy of the Agreement and Plan of Merger will be furnished, on request and without cost, to any stockholder or general or limited partner of either constituent entity. 04587 . 0557 09 SEVENTH: That this Certificate of Merger shall become effective upon the filing of this Certificate of Merger. IN WITNESS WHEREOF, the general panner of Fuels Acquisition Company, L.P. has caused this Certificate of Merger to be executed in its name this ,gl~ day of July, 1999. FUELS ACQUISITION COMPS, L.P. By: Duke Energy Fuels Operating, L.L.C. Its: General Partner M. J. Bradlc~y ' - //J Senior Vice President V:~L~gaf~HARE~¢fs~.CQ~odco~ergers\Cmmrg. DGP.wi~l )09045S? State of ~)elaware Office of the Secretary of State PAGE 0558 I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF WHICH MERGES: COMP~t ~L%~.P." ~ER THE ~NTYLFIRST DAY OF ~Y/ ~,.D.,' 1999, o~CLocK A.M. A 'FILED COPY OF :~i~'.CERTiFI~TE ~S BEEN FOR~ED 3021499 8100M 991306326 Edward J. Freel, Secretary of State AUTHI2 NTICATION: 9886662 DATE: 07-27-99 09045S? 0559 CERTIFICATE OF AMENDMENT TO THE CERTIFICATE OF LIMITED PARTNERSHIP OF FUELS ACQUISITION COMPANY, L.P. The undersigned, desiring to amend the Certificate of Limited Parme~hip of Fuels Acquisition Company, L.P. pursuant to the provisions of Section l 7-202 of the Revised Uniform Limited PmXner~hip Act of the State of Delaware, does hereby certify as follows: FIRST. The name of the Limited Partnership is Fuels Acquisition Company, L.P. SECOND. Article FIRST of the Certificate of Limited Partnership shall be amended as follows: "FIRST: The name of the limited partnership (the "Limited Partnership") is Duke Energy Gathering anti Processing, L.P." IN WITNESS WHEREOF, the undersigned has executed this Amendment to the Certificate of Limited Partnership on this 7a day ofSep, tembcr, 1999. FUELS ACQUISITION COMPANY, L.P. By: Duke Energy Fuels Operating, L.L.C. Its: General Partner J. W. Mogl[~resident [Seal] ATTEST: Beverly J. Fit~, A~istant Secretary 09045h]~7 State of Delawa re PAGE Office of the Secretary of State 1 '-0560 I, EDWARD J. FREEL, SECRETARY OF STATE oF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AI~ENDMENT OF 'FUELS ACQUISITION CO14~ANY, L.P. ", C~GING I~.~.~ N~ FROM "~LS ACQUISITION ~d~ · ~ ~ ~-~.'" .' ~. ~ b -.:~- CO~, L.P.~;-'~O 4'.~E~RGy~'~THERiNG:"~ ~.ROCESSING, L P." FILED IN 3021499 8100 991372605 Edward J, Freel, Secretary o/State 9957863 AUTHENTICATION: 09-07-99 DATE: DIVISION OF CORPORATIONS ~rLED 01:12 PM 06/28/2001 ~ 010315304 - 3200128 0 045S'7 CERTIFICATE OF M t;RGER OF DUKE ENERGY GATHERING AND PROCESSING, L.P. . INTO DUKE ENERGY F1ELD ,qERVICES, LP Pursuant to Section 17-211 of the Delaware Revised Uniform Limited Partnership Act., separately and collectively referred to as (the "Act"), the undersigned surviving limited partnership submits the following Certificate of Merger for filing and certifies that: 056 The name, type of entity and state of domicile of each of the constituent entities of the merger is as follows: Name Duke Energy Gathering and Processing, L.P,.. Duke Energy Field Services, LP ' T.T~p¢ of Entity 1.i,n ired Pannership Lim i!ed Partnership JState of ---o-o rm ion Delaware Delaware An Agreement and Plan of Merger has been approved and executed by each of the constituent entities. "-) The name of the surviving entity is "Duke Energy Field Services, LP', a Delaware limited partnership. The merger shall become effective as of Jtme 30, 2001 at 11:54 p.m. Eastern Standard Time. The Agreement and Plan of Merger is on tile at the place of business of the surviving entity, the address of which is: 370 17th Street, Suite 900, Denver, CO 80202. A copy of the Agreement and Plan of Merger will be furnished by the surviving entity, on request and without cost, to any member or partner of the constituent entities or any person holding an interest in any other business entity which is to merge. IN WITNESS WHEREOF, this Certificate of Merger has been duly executed as of June 25, 2001. Duke Energy Field Services, LP By: DEFS Holding, LLC Its: General Partner Mar(~ B. Wyrsch/ Senior Vice President, General Counsel and Secretary 09045~ ? State of Delaware Office of the Secretary of State PAGE 05 2 I, HAP, RIET SMITH WINDSOR, SECI~TARY OF STATE OF THE STATE OF DELAWARE, DO HEI~BY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHIC~ M~RSES: "DUK~ ENERGY GATHERING A/~D PROCESSING, L.P.", A DELAWAJ~E LIMITED PkRTNERSHIP, WITH AND INTO "DUKE ENERGY FIELD SERVICES, LP" UNDER THE NAME OF "DUK~ ENERGY FIELD SERVICES. , .LP", A LIMITED PA/~TNERSHIP ORGANIZED AND EXISTING UNDER THE LAWS OF TEE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE TEE TWENTY-EIGHTH DAY OF JUNE, A.D. 2001, AT 1:12 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT TEE EFFECTIVE DATE OF THE ikFOI~SAID CERTIFICATE OF M~RGER IS THE THIRTIETH DAY OF JUNE, AiD. 2001, AT 'i1:54 O{CLOCK P.M. 3200118 010315304 8100M HarrletSmith%~ndso~ &~em~ ~$m~ AUTHENTICATION: 1221389 DATE' 07-02-01 QUALITY BUILDERS ~ ~, Fax:~07-877-3300 Nov 2 '0~ 1~:38 P. 08 R~,A_OL~3 Quitclaim Deed.:,-:.,_,,.,] ¢01JNT¥ CLERK 904588 KNOW ALL MEN BY THESE PRESENTS That ~,.n, gela C]a/kWVebb of the Coun~ of /J~ ~[ . , State of ~ ~ ",' i~' ~&n~??r~R'~:~f the sum of Ten ($10.00)'and other good and valuable cons~eraii~6~:~.the'~lpt whereof is hereby confess~ and acknowledged, has remised, released, conveyed and quitclaimed and by these presents does for her heirs, executors and administratom, remis, release and forever quitclaim unto Angela Clark Kirby, a married pemon, whose address is c/o Maverik, 849 E. Borden Avenue, La,on, UT 84041, all such right, title, interest, pmpe~, possession, claim and demand, as they may have or ought to have, in and to the following described premises to- wit: Angela Clark Webb Exemption #1 of the Clark Family Exemption, as described on the survey recorded in the office of the Lincoln County Clerk, Lincoln County, Wyoming as plat 277A Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. ,4 In ~tness whereof, I have hereunto set mg signature thisday of , 2004. Angela Clark Webb now known as Angela Clark Kirby state of ) Cou. j of_ ..) The foregoing instrument was acknowledged before me, a notary public in and for said County ,and State, by An.qela Clark Webb, now known as Angela Clark Kirby, this c/~ day of ~:z,~=~_, 2004. My Commission Expires: Witness my hand and official seal. Notar7 Public .,:,,.,~i~'~-ti.~"~%. STEVEN G. ALLEN I~; ,~ ~i NOT,4RYPUBLIC e STATEofUTAH [,~'~1~.~.,~'~.~] 2272 Eastwood Blvd. ,..-....._~,.~;,~/ Ogden. Utah 84403 '"--t,~,',,,.t*,,'' COMM. EXP. 11-09-2.008