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HomeMy WebLinkAbout20132349.tiffWeld County Clerk to the Board RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 41 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LOWER LATHAM RESERVOIR COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement Concerning the Purchase of Right -of -Way for Certain Improvements to County Road 41 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Lower Latham Reservoir Company, P.O. Box 398, Kersey, Colorado 80644, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Right -of -Way for Certain Improvements to County Road 41 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Lower Latham Reservoir Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2013. BOARD OF WELD OUNTY COMMISSIONERS TY, COLORADO iam F. Garcia, Chair ire CUP— uglas f*ademach r, Pro-Tem BY:(AA4/ Deputy C . Conway e to the Board ED ORM: Freeman ourity Attorney arbara Kirkmeyer Date of signatur EP 0 4 2013 2013-2349 EG0068 MEMORANDUM TO: Clerk to the Board DATE: August 15, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right -of -Way for Certain Improvements to WCR 41 with Lower Latham Reservoir Co. One original is attached. M'.\Francie\AGENDA memos \AgendaLeon-3.docx 2013-2349 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 41 BETWEEN LOWER LATHAM RESERVOIR CO. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this ilf day of /9 , 2013, by and between Lower Latham Reservoir co., whose address is P.O. Box 398, Kers , Colorado 80644 hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 41, which will involve said road's bridge reconstruction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Road Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Six Hundred and no/100 Dollars, ($600.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and will defend title thereto against all claims. 3. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements. Agmt for Purchase of ROW -Immediate Possession Before Transfer Page 1 3962267 Pages: 1 of 6 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 Pk i11III 4. Owner shall retain the mineral estate under the Public Road Right -of -Way interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 5. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right - of -Way to County at the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 6. Owner shall pay any encumbrance associated with the Public Road Right -of -Way which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of the transfer of title, when Owner delivers the Deed of Dedication to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way. 2. County shall pay all fees associated with recording this Agreement and/or the Deed of Dedication. 3. County shall pay Owner for the Public Road Right -of -Way by County warrants at the date of the transfer of title. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right -of -Way shall be the date of the transfer of title, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use said Public Road Right -of -Way for the purposes of constructing the Road Improvement Project, and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right -of -Way as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right -of -Way made pursuant to Agmt for Purchase of ROW -Immediate Possession Before Transfer Page 2 • 3962267 Pages: 2 of 6 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®IIII�P11 '14a�1 'I�j,Ie�+IRIfIL6ILM.K®I III the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Agmt for Purchase of ROW -Immediate Possession Before Transfer Page 3 3962267 Pages: 3 of 6 09/09/2013 10:59 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Hai II III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Lowey- atham Resery *1 6 -Company By: 1I Dennis`Hoshiko President BOARD OF COUNTY COMMISSIONERS WELD COOT COLORADO ATTEST: Weld County Clerk to the Board BY. eputy Cl rk to the Board William F. Garcia, Chair AUG 1 9 2013 Agmt for Purchase of ROW -Immediate Possession Before Transfer Page 4 3962267 Pages: 4 of 6 09/09/2013 10:59 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 WarnkaiAlf awl IH ),111111 0w $- a39? EXHIBIT -A SE 1/4 S5-T4N-R65W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 130, PAGE 578 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 01'04'03" EAST A DISTANCE OF 2619.49 FEET TO THE SOUTHEAST CORNER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'03" EAST ALONG SAID EAST LINE A DISTANCE OF 20.27 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 01'04'03" EAST ALONG SAID EAST LINE TO A POINT ON THE NORTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3865636 A DISTANCE OF 89.46 FEET; THENCE NORTH 64'28'35" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 63.74 FEET; THENCE NORTH 01'04'03" WEST DEPARTING SAID NORTHERLY LINE TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 5, A DISTANCE OF 81.98 FEET; THENCE NORTH 89'45'03" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 15.40 FEET; THENCE SOUTH 64'28'35" EAST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 46.53 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,041.77 sf. OR 0.12 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3962267 Pages: 5 of 6 09/09/2013 10:59 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO ■III ft' 11 III ``�\ttil;IEll1I .I c) :EG IS 1'6 FA. RIGHT-OF-WAY ACQUISITION LOWER LATHAM RESERVOIR CO. WELD COUNTY, COLORADO II Tr 1861 TY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WELD COUNTY BRIDGE 41-48A&B BRIDGE IMPROVEMENT PROJECT: I SCALE: BR -98 I 1"-100' DATE: 6/10/2013 DRAWN BY: DRH SHEET: 1 oft EXHIBIT -A SE I/4 S5-T4N-R65W O v T 0 V s G 2- G.3 m to - O W ° 7 U. O to�„� aniao# Rmt Q 5 mV� �� -. w N� N�� ("1 wm• cso 1p Co kt A"►Y 4,R L5 L4 REX P. CRAVEN REC#3865636 W.C.L. LI411'1E,D P.ARTN ERSH1P LINE TABLE LINE BEARING DISTANCE L1 SO1'04'03"E 20.27' L2 SO1'04'03"E 89.46' L3 N64'28'35"W 63.74' L4 NO1'04'03"W 81.98' L5 N89'45'03"E 15.40' L6 S64'28'35'E 46.53' 0', NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 40' 30'; L3 E1/4 CORNER REX & MARY ANN S5-T4N-R65W CRAVEN FOUND 2 1/2" A.C. STAMPED ALLES AND ASS. PLS #9644 2003 P.O.B. RIGHT—OF—WAY ACQUIRED 5041.77 sf. OR 0.12 ac.± DIANE L. OSGOOD TRUST I EXISTING ROW 20' BK48, PG253 JAN. 15, 1885 SE CORNER S5-T4N-R65W FOUND 2 1/2" A.C. STAMPED LAT 40 LS #38175 2010 RIGHT-OF-WAY ACQUISITION LOWER LATHAM RESERVOIR CO. WELD COUNTY, COLORADO 1861/ Tr U T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WELD COUNTY BRIDGE 41-48A&B BRIDGE IMPROVEMENT PROJECT: I SCALE: BR -98 I 1"=100' DATE: 6/10/2013 DRAWN BY: DRH SHEET: 2 of 2 MEMORANDUM TO: Clerk to the Board DATE: November 7, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Re: Doc # 2013-2349 Deed of Dedication for Public Highway with Lower Latham Reservoir Company for Weld County Bridge 41/48A&B Improvement in the amount of $10.00. One original Warranty Deed is attached. M \Francie\AGENDA memos\AgendaLeon-I.docx Ownot tl�L3 'tE 'Jac ,1p l3 4Ci DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this / 5 day of ASer, 201S, between Lower Latham Reservoir Company, "Grantor" whose legal address is PO Box 398, Kersey, Colorado 80644, and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and inconsideration of the sum of Ten Dollars and no/100 $10 the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Highway, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit "A" EXCEPTING existing easements of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas and any and all water rights currently attached or associated with said property, except as required to sustain the integrity of the Public Highway LOWER LATHAM RESERVOIR COMPANY Dennis Hoshiko, President l{/SA Date STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 5 day of 2013, by Lower Latham Reservoir Company, by Dennis Hoshiko, President. Witness my hand and official seal. My commission expires: Vl,t�t�. /2� ZOI7 Page 1 of 2 pages 3981839 Pages: 1 of 4 12/04/2013 10:48 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder: Weld County: CO 1111 kraPaiiiiI411101.hi'e. VAIl.Ili 11111 eml.Jaelz ary IPublic JACQUELINE HERNANDEZ-BARROW NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134051237 MY COMMISSION EXPIRES AUGUST 12, 2017 coin -473y ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way), pursuant to Colorado Revised Statute 43-2-201(1)(a). 2�� Dated this 'J day of WO &vibe( , 2013 . ATTEST: COUNTY OF WELD, A BODY CLERK TO THE BOARD OF .m CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF ATE OF COLORADO THE COUNTY OF WELD Deputy Cle> o the Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) William F. Garcia, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD NOV 1 3 2013 The foregoing instrument was acknowledged before me this /3/`day of CV%Tj°zll , 2013 , by William F. Garcia, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. ESTHER E. GESICK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974016478 MY COMMISSION EXPIRES SEPT. 29, 2017 y Lu1111111SSIV11 CXp11eb. J_o2/-c1-043 Gte74„ �V �icpG Notary Public Page 2 of 2 pages 3981839 Pages: 2 of 4 12/04/2013 10:48 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII M1�1Nt'�14.trlfh,�fi6J +i �' +rt'' �'+�Yi�i�� to h 11111 ;10/3-3 3L/9 EXHIBIT -A SE 1/4 S5-T4N-R65W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER BOOK 130, PAGE 578 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING SOUTH 01'04'03" EAST A DISTANCE OF 2619.49 FEET TO THE SOUTHEAST CORNER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 01'04'03" EAST ALONG SAID EAST LINE A DISTANCE OF 20.27 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 01'04'03" EAST ALONG SAID EAST LINE TO A POINT ON THE NORTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3865636 A DISTANCE OF 89.46 FEET; THENCE NORTH 64'28'35" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 63.74 FEET; THENCE NORTH 01'04'03" WEST DEPARTING SAID NORTHERLY LINE TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 5, A DISTANCE OF 81.98 FEET; THENCE NORTH 89'45'03" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 15.40 FEET; THENCE SOUTH 64'28'35" EAST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 46.53 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,041.77 sf. OR 0.12 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3981839 Pages: 3 of 4 12/04/2013 10:48 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III FAIL ;li4'AEt GiAitr,4hriVPM1/41Ih 1 II I 0 yes -9'V EJ ice/ 0 Y= r?"5 I3a /'1'/11 I!!11\1\I' RIGHT-OF-WAY ACQUISII _ ION LOWER LATHAM RESERVOIR CO. WELD COUNTY, COLORADO 186 G0UNT' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WELD COUNTY BRIDGE 41-48A&B BRIDGE IMPROVEMENT PROJECT: BR -98 SCALE: T"=100' DATE: 6/10/2013 DRAWN BY: D SHEET: 1 0f 2 EXHIBIT -A SE 1/4 S5-T4N-R65W W.C.L. La/HTED PART !ERSHi? &j(.` L5 R.'PGs•OM 14 REX P. CRAVEN REC 3865636 LINE TABLE LINE BEARING DISTANCE L1 S01'04'03"E 20.27' L2 SO1'04'03"E 89.46' L3 N64'28'35"W 63.74' L4 NO1'04'03"W 81.98' L5 N89'45'03"E 15.40' L6 56428'35"E 46.53' N 41 9 gi 11 I I i40' 30 I �^ 2352rr 7„10 0 / Sw0111 & NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. L6 L3 L2. \-1861 E1/4 CORNER REX R NLA_RYANN S5-T4N-R65W CRAVEN FOUND 2 1/2" A.C. STAMPED ALLES AND ASS. PLS #9644 2003 P.O.B. RIGHT—OF—WAY ACQUIRED 5041.77 sf. OR 0.12 ac.± DIANE L. OSGOOD TRUST EXISTING ROW 20' BK48, PG253 JAN. 15, 1885 SE CORNER S5-T4N-R65W FOUND 2 1/2" A.C. STAMPED LAT 40 LS #38175 2010 RIGHT-OF-WAY ACQUISIllON LOWER LATHAM RESERVOIR CO. WELD COUNTY, COLORADO �El G o N J Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WELD COUNTY BRIDGE 41-48A&B BRIDGE IMPROVEMENT PROJECT: BR -98 DATE: SCALE: I"=100' 6/10/2013 DRAWN BY: DRH SHEET: 2 oft 3981839 Pages: 4 of 4 12/04/2013 10:48 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 11111 'PAID 111111 FORM 2A Rev 08/13 1X. New Location State of Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801, Denver, Colorado 80203 Phone: (303) 894-2100 Fax: (303) 894-2109 Oil and Gas Location Assessment 1-1 Refile ( Amend Existing Location Location#: Submit signed original form. This Oil and Gas Location Assessment is to be submitted to the COGCC for approval prior to any ground disturbance activity associated with oil and gas operations. Approval of this Oil and Gas Location Assessment will allow for the construction of the below specified Location; however, it does not supersede any land use rules applied by the local land use authority. Please see the COGCC website at http://cogcc.state.co.us/ for all accompanying information pertinent this Oil and Gas Location Assessment. V: This location assessment is included as part of a permit application. Document Number: 400479719 Date Received: 09/27/2013 Location ID: 434893 Expiration Date: 10/30/2016 CONSULTATION This location is included in a Comprehensive Drilling Plan. CDP # This location is in a sensitive wildlife habitat area. IT This location is in a wildlife restricted surface occupancy area. I- This location includes a Rule 306.d.(1)A.ii. variance request. Operator Operator Number: 10439 Contact Information Name: CYNTHIA PINEL Name: CARRIZO NIOBRARA LLC Phone: (713) 358-6210 Address: 500 DALLAS STREET #2300 Fax: ( ) City: HOUSTON State: TX Zip: 77002 email: CYNTHIA.PINEL@CRZO.NET RECLAMATION FINANCIAL ASSURANCE 1g Plugging and Abandonment Bond Surety ID: 20120105 L ,. Gas Facility Surety ID: : Waste Management Surety ID: LOCATION IDENTIFICATION Name: CASTOR Number: 4-36-9-59 PAD County: WELD QuarterQuarter: NENE Section: 36 Township: 9N Range: 59W Meridian: 6 Ground Elevation: 4890 Define a single point as a location reference for the facility location. When the location is to be used as a well site then the point shall be a well location. Footage at surface: 357 feet FNL from North or South section line 711 feet FEL from East or West section line Latitude: 40.713510 PDOP Reading: 1.9 Longitude: -103.918960 Date of Measurement: 07/24/2013 Instrument Operator's Name: MARC WOODARD Date Run: 10/31/2013 Doc (#4004797191 Page 1 of 7 FORM 2 Rev 08/13 State of Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801, Denver, Colorado 80203 Phone: (303) 894-2100 Fax: (303) 894-2109 APPLICATION FOR PERMIT TO: 1x. Drill Deepen Re-enter Recomplete and Operate TYPE OF WELL OIL 1X GAS FT COALBED i OTHER ZONE TYPE SINGLE ZONE 1K::. MULTIPLE ZONES IT COMMINGLE ZONES Refiling 1 Sidetrack Document Number: 400478892 Date Received: 09/11/2013 Well Name: CASTOR Name of Operator: CARRIZO NIOBRARA LLC Well Number: 4-36-9-59 COGCC Operator Number: 10439 Address: 500 DALLAS STREET #2300 City: HOUSTON Contact Name: CYNTHIA PINEL State: TX Zip: 77002 Email: CYNTHIA.PINEL@CRZO.NET Phone: (713)358-6210 Fax: ( ) RECLAMATION FINANCIAL ASSURANCE Plugging and Abandonment Bond Surety ID: 20120105 WELL LOCATION INFORMATION QtrQtr: NENE Sec: 36 Twp: 9N Rng: 59W Meridian: 6 Latitude: 40.713510 Longitude: -103.918960 FNL/FSL FEUFWL Footage at Surface: 357 feet FNL 711 feet FEL Field Name: WILDCAT Field Number: 99999 Ground Elevation: 4890 County: WELD GPS Data: Date of Measurement: 07/24/2013 PDOP Reading: 1.9 Instrument Operator's Name: MARK WOODARD If well is 7:•. Directional 15 Horizontal (highly deviated) submit deviated drilling plan. Footage at Top of Prod Zone: FNUFSL FEUFWL Bottom Hole: FNUFSL FEUFWL 650 FNL 650 FEL 650 FSL 650 FEL Sec: 36 Twp: 9N Rng: 59W Sec: 36 Twp: 9N Rng: 59W LOCATION SURFACE & MINERALS & RIGHT TO CONSTRUCT Surface Ownership: 1x Fee E State IT: Federal EL Indian The Surface Owner is: 1- is the mineral owner beneath the location. (check all that apply) r- is committed to an Oil and Gas Lease. r has signed the Oil and Gas Lease. 1 is the applicant. The Mineral Owner beneath this Oil and Gas Location is: 1,7i Fee 1>7 State 171 Federal Indian The Minerals beneath this Oil and Gas Location will be developed by this Well: Yes The right to construct the Oil and Gas Location is granted by: Bond Surface damage assurance if no agreement is in place: Blanket Surface Surety ID: 20120106 Date Run: 10/31/2013 Doc (#400478892j Well Name: CASTOR 4-36-9-59 Page 1 of 6 FORM 2 Rev 08/13 State of Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801, Denver, Colorado 80203 Phone: (303) 894-2100 Fax: (303) 894-2109 APPLICATION FOR PERMIT TO: Drill 1-7 Deepen Re-enter Recomplete and Operate TYPE OF WELL OIL JX GAS ! COALBED rOTHER ZONE TYPE SINGLE ZONE MULTIPLE ZONES I-- COMMINGLE ZONES Refiling Ty Sidetrack Document Number: 400479662 Date Received: 09/11/2013 Well Name: CASTOR Name of Operator: CARRIZO NIOBRARA LLC Well Number: 5-36-9-59 COGCC Operator Number: 10439 Address: 500 DALLAS STREET #2300 City: HOUSTON Contact Name: CYNTHIA PINEL State: TX Zip: 77002 Email: CYNTHIA.PINEL@CRZO.NET Phone: (713)3586210 Fax: ( ) RECLAMATION FINANCIAL ASSURANCE Plugging and Abandonment Bond Surety ID: 20120105 WELL LOCATION INFORMATION QtrQtr: NENE Sec: 36 Twp: 9N Rng: 59W Meridian: 6 Latitude: 40.713514 Longitude: -103.919000 FNL/FSL FEUFWL Footage at Surface: 347 feet FNL 722 feet FEL Field Name: WILDCAT Field Number: 99999 Ground Elevation: 4890 County: WELD GPS Data: Date of Measurement: 07/24/2013 POOP Reading: 1.9 Instrument Operator's Name: MARK WOODARD If well is F7 Directional 1:. Horizontal (highly deviated) submit deviated drilling plan. Footage at Top of Prod Zone: FNUFSL FEUFWL Bottom Hole: FNUFSL FEUFWL 650 FNL 1300 FEL 650 FSL 1300 FEL Sec: 36 Twp: 9N Rng: 59W Sec: 36 Twp: 9N Rng: 59W LOCATION SURFACE & MINERALS & RIGHT TO CONSTRUCT Surface Ownership: IX Fee t:` State r Federal : Indian The Surface Owner is: 1 ' is the mineral owner beneath the location. (check all that apply) 1— is committed to an Oil and Gas Lease. r has signed the Oil and Gas Lease. r, is the applicant. The Mineral Owner beneath this Oil and Gas Location is: IT Fee X State ! ; Federal The Minerals beneath this Oil and Gas Location will be developed by this Well: Yes The right to construct the Oil and Gas Location is granted by: Bond Indian Surface damage assurance if no agreement is in place: Blanket Surface Surety ID: 20120106 Date Run: 10/31/2013 Doc (#4004796621 Well Name: CASTOR 5-36-9-59 Page 1 of 6 Hello