HomeMy WebLinkAbout20110232.tiff • PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 1061-05-2-00-022
(12 digit number—found on Tax I.D.Information,obtainable at the Weld County Assessor's Office,or www.co.weld.co-us.)
(Include all lots being included in the application area If additional space is required,attach an additional sheet)
Legal Description PT S2NW4 Lot C AMRE-3983, Section 5 Township 04,North, Range 68 West
Property Address(If Applicable) N/A
Existing Zone District: Ag Proposed Zone District: PUD Total Acreage: 34.54 ac Proposed#/Lots: 9
Average Lot Size: 2.0077 Minimum Lot Size: 2.00 Proposed Subdivision Name: Twin Peaks at Iris Lane
Proposed Area(Acres)Open Space: 13.456 acres
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Merino Conservation Group, LLC
. Work Phone# (970)206-4425 Home Phone# N/A Email Address: bckross@aol.com
Address: 6933 Sedgewick Drive
City/State/Zip Code: Ft. Collins, CO 80525
APPLICANT OR AUTHORIZED AGENT(See Below: Authorization must accompany applications signed by Authorized Agent)
Name: Robb Casseday
Work Phone# (970)454-8740 Home Phone# N/A Email Address: rob a,Casseday.net
Address: 55 S. Elm Avenue, Suite 210
City/State/Zip Code: Eaton,CO 80615
UTILITIES: Water: Little Thompson Water District
Sewer: Individual Septic Systems
Gas: Xcel Energy
Electric: Poudre Valley REA
Phone: Qwest
DISTRICTS: School: Thompson R2-J
Fire: Berthoud Fire Protection District
Post: Berthoud
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for
the corporation. I(we),the undersigned,hereby request hearings before the Weld County Planning Commission and the Board
of County Commissioners concerning the proposed Change of Zone for the above described unincorporated ar a ofWErd
County.Colorado: 1
• ,
/ �
I 20, �Signature: Owner or Authori EXHIBIT Sig are: 0 e or Authorized Agent Date
2011-0232
• Casseday Creative Designs, LLC
826 Ninth Street — Greeley, CO 80631
(970) 304-1818 — (970) 304-1820 fax
i email: rohh@CassedayCreativeDesigns.com
www.CassedayCreattvcDesigns.com
To Whom It May Concern:
This letter authorizes Robb R. Casseday of Casseday Creative Designs, LLC to
act on my behalf in matters concerning my application to Weld County,
Department of Planning and all referral agencies reviewing and recommending a
decision and/or comments to Weld County, Department of Planning.
/ % ar. /Z$ / Z0o7
Signature of Owner Date
Manager: Merino Conservation Group, LLC.
Twin Peaks at Iris Lane, 9 Lot PUD
Rol/A/ k Kra5s e /Z5 Z G°-7
Printed Name of Owner Phone
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• e Casseday Creative Designs, LLC
#4 55 South Elm Avenue, Suite 210
C'. Eaton, CO 80615
To Whom It May Concern:
This letter authorizes Robb R. Casseday of Casseday Creative Designs, LLC to
act on my behalf in matters concerning my application for a 9 Lot PUD at Lot C of
Amended RE 3983, to Weld County, Department of Planning and all referral
agencies reviewing and recommending a decision and/or comments to Weld
County, Department of Planning.
glr,a `73D�o7
Signature of Owner Date
Me c , n o C_c.,n se r v0-E !CU I LLC_
Burton C. Kross, Manager
Printed Name of Owner
Casseday Creative Designs, LLC
Architecture — Planning — Environmental Compliance— Graphic Design
(970) 454-8740 ^ (970) 454-8742 fax
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05/14/2007 14:42 9702064458 KROSS PAGE 01
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DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
HOLTSVILLE NY 00501-0023
Date of this notice: 02-02-2004
Employer Identification Number:
16-1690733
Form, S5-4
Number of this notice: CP 575 0
For assistance you may call us at:
1-800-829-4933
MERINO CONSERVATION GROUP LLC
KROSS BURTON C MEMBER
6933 SEDGWICK DR IF YOU WRITE, ATTACH THE
FORT COLLINS CO 80525 STUB OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN) . We assigned
you EIN 16-1690733. This EIN will identify your business account, tax returns, end
documents even if you have no employees. Please keep this notice in your permanent
records.
When filing tax documents, please use the label IRS provided. If that isn't
possible. you should use your EIN and complete name and address shown above on all
federal tax forms, payments and related correspondence. If this information isn't
• correct, please correct it using the tear off stub- from this notice. Return it to us
so we can correct your account. If you use any variation of your name or EIN, it may
cause a delay in processing and may result in incorrect information in your account.
It also could cause you to be assigned more then one EIN.
Based on the information from you or your representative, you must file the
following form(s) by the date shown next to it.
'Form 1065 04/15/2005
If you have questions about the form(s) or the due date(s) shown, you can cell us
at 1-800-829-4933 or write to us at the address at the top of the first page of this
letter. If you need help in determining whet your tax year is, you can get Publication
538, Accounting Periods and Methods, at your local IRS office.
We assigned you a tax classification based on information obtained from you or
your representative. It is not a legal determination of your tax classification, and
is not binding on the IRS. If you want a determination of your tax classification,
you may seek a private letter ruling from the IRS under the procedures sat forth in
Revenue Procedure 98-01, 1998-1 I .R.S.7 (or the superceding revenue procedure for
the year at issue).
•
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05/14/2007 14:42 9702064458 KROSS PAGE 02
•
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
1, Donetta Davidson, as the Secretary of State of the Slate of Colorado, hereby certify that,
according to the records of this office,
MERINO CONSERVATION GROUP,LLC
is a
Limited Liability Company
formed or registered on 12/16/2002 under the law of Colorado,has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been
assigned entity identification number 20021347138
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 04/26/2005 that have been posted, and by documents delivered to this office
electronically through 04/30/2005 @ 11:42:48 •
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed,
authenticated, issued, delivered and communicated this official certificate at Denver, Colorado
• on 04/30/2005 @ 11:42:48 pursuant to and in accordance with applicable law. This certificate is
assigned Confirmation Number 6207516
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•
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05/14/2007 14:42 9702064456 KROSS PAGE 03
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ARTICLES OF ORGANIZATION
FOR COLORADO LIMITED LIABILITY COMPANY MID
VIDSON
C0LORMDA 0aeeMA anTitt
Merino Conservation Group,LLC
The undersigned,a natural person of at least IS yeses of age,acting as an organizer,hereby
forms a limited liability company by virtue of the Colorado Limited Liability Company Act,and
adopts the following Articles of Organization for such limited liability company.
L0021347138 II
100.00 •
SECRETARY OF STATE
ARTICLE 12-16-3002 11:41:37
Name —
• The name of the limited liability company is Merino Conservation Group, LLC,
hereinafter referred to as"the Company."
ARTICLE B
Principal Place of Busmen
The initial principal place of business of the limited liability company in this state is 6933
Sedgwick Drive,Yon Collins,Colorado 80525.
ARTICLE III
Registered Agent and Business Address
The initial registered agent and Organizer of this limited liability company in this state is
Burton C. Kress_The initial business address of the limited liability company and the registered
agent in this state is 6933 Sedgwiek Drive,Fort Collies,Colorado B0525.
ARTICLE IV
Management
Management of the limited liability company is vested in the manages. The name and
business address of the initial manager who are to manage the limited liability company until the
first annual meeting of the members or until his successor is elected and qualified is es follows• COMPUTER UPDATE COMPUTE
• 88
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05/14/2007 14:42 9702064458
KROSS PAGE 04
•
ARTICLES OF ORGANIZATION
FOR COLORADO LIMITED LIABILITY COMPANY
Merino Conservation Group, LLC
The undersigned, a natural person of at least 18 years of age, acting as an organizer, hereby
forms a limited liability company by virtue of the Colorado Limited Liability Company Act, and
adopts the following Articles of Organization for such limited liability company.
ARTICLE 1
Name
The name of the limited liability company is Merino Conservation Group, LLC.
hereinafter referred to as"the Company."
ARTICLE II
• Principal Place of Business
The initial principal place of business of the limited liability company in this state is 6933
Sedgwick Drive,Fort Collins,Colorado 80525.
ARTICLE III
Registered Agent and Business Address
The initial registered agent and Organizer of this limited liability company in this state is
Burton C. Kross. The initial business address of the limited liability company and the registered
agent in this state is 6933 Sedgwick Drive,Fort Collins,Colorado 80525.
ARTICLE IV
Management
Management of the limited liability company is vested in the managers. The name and
business address of the initial manager who are to manage the limited liability company until the
first annual meeting of the members or until his successor is elected and qualified is as follows:
•
`PCP annMEMILIOSEINI E�ltanIMaa1YQ •P..
05/14/2007 14:42 9702064458 KROSS PAGE 05
•
Name Addresg
Burton C. Kross 6933 Sedgwick Drive
Fort Collins, Colorado 80525
ARTICLE V
Membership
The undersigned organizer certifies that there are at least two members desiring to form a
limited liability company.
ARTICLE VI
Duration
The period of duration of the Company shall be 30 years.
ARTICLE VII
Purpose
• The purpose for which this limited liability company is formed is to engage in any and all
lawful business.
ARTICLE VIII
Continuation
Upon the death, retirement,resignation,expulsion,bankruptcy or dissolution of a
member or the occurrence of any other event,which terminates the continued membership of a
member of the Company,the Company shall continue unless the remaining members
unanimously agree to dissolve the business of the Company, provided there are at least two
remaining members.
IN WITNESS WHEREOF,I have signed these Articles of Organization this 12th day of
December 2002,and I acknowledge the same to be my true act and deed.
• 2
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85/14/2007 14:42 9702064456 KROSS PAGE 06
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6 Lr."1--
Burton C. Kross, Organizer
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing Articles of Organization were signed and sworn to by Burton C. Kross, as
an Organizer, who affirmed, under penalty of perjury, that the facts stated herein are true, on this
12th day of December,2002.
Witness my hand and official seal.
My commission expires: It;j .tl 1;0(71
Notary Public
[SEAL]
•
CONSENT OF REGISTERED AGENT
I hereby consent to my appointment as initial Registered Agent of the limited liability
company in the State of Colorado in the foregoing Articles of Organization.
,. . eniAen
Burton C. Kross,Registered Agent
Document Filing
the name and address of the individual causing the documents to be delivered for filing is
as follows: Burton C. Kross,6933 Sedgwick Drive, Fort Collins,Colorado 80525.
• -3-
05/14/2007 14:42 9702064456 KROSS PAGE 07
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MERINO CONSERVATION GROUP, LLC
SUMMARY OF ORGANIZATION
FORMATION OF COMPANY
Formation- The Company was formed under and pursuant to the provisions of the Act by
filing with the Colorado Secretary of State on December 16. 2002, the Articles of
Organization of the Company.
Name. The name of the Company is MERINO CONSERVATION GROUP, I.I,C.
Principal Place of Business. The principal place of business of the
Company within the State of Colorado shall be 6933 Sedgwick Drive, Fort Collins. CO
80525. The Company may locate its places of business and registered office at any other
place or places, as the Members may from time to time deem advisable.
Registered Office and Registered Agent, The Company's initial registered office shall be
6933 Sedgwick Drive, Fort Collins, CO 80525. The initial registered agent shall he
Burton C. Kross. The registered office and registered agent may be changed from time to
time by filing the address of the new registered office and /or the name of the new
registered agent with the Colorado Secretary of State pursuant to the Act.
• Term. The term of the Company shall be forty (40) years from the date of the filing of
the Articles of Organization with the Colorado Secretary of State, unless the Company is
earlier dissolved in accordance with either the provisions of this Operating Agreement or
the Act.
BUSINESS OF COMPANY
The business of the Company shall be:
(a) To acquire, own.,, develop, lease, sell, exchange and otherwise deal in and
with real property and personal property in Colorado, of whatsoever kind and
nature, including without limitation.the Property.
(b) To accomplish any lawful business or activity whatsoever, or which shall
at any time appear conductive to or expedient for the protection or benefit of the
Company and its assets.
(c) To exercise all other powers necessary to or reasonably connected with the
Company's business, which may be legally exercised by limited liability
companies under the Act.
(d) To engage in all activities necessary, customary, convenient, or incident to
any of the foregoing
• 1 oF3 -
Merino Conservation Group.LLC—Summary of Organization
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05/14/2007 14:42 9702064458 KROSS PAGE 08
•
NAMES AND ADDRESSES OF MEMBERS
The names and addresses of the Members are as follows:
NAME ADDRESS
Mark Kross 7233 Whitworth Ct.
Fort Collins, CO 80528
Burton Kross 6933 Sedgwick Drive
Eon Collins,CO 80525
Mark Kross holds a 50.0% interest and Burton Kross holds a 50.0% interest in the
Organization.
RIGHTS AND DUTIES OF MANAGERS
Management. The business and affairs of the Company shall he managed by its
Managers. The Managers shall direct, manage and control the business of the Company
• to the best of their ability. Except for situations in which the approval of the members is
expressly required by this Operating Agreement or by non-waivable provisions of
applicable law,the Managers shall have full and complete authority, power and discretion
to manage and control the business, affairs and properties of the Company, to make all
decisions regarding those matters and to perform any and all other acts or activities
customary or incident to the management of the Company's business. At any time when
there is more than one (1)Manager, the action taken by the Managers shall he based upon
the approval of a majority of the then incumbent Managers (unless the approval of more
Managers is expressly required pursuant to the provisions of this Operating Agreement or
the Act).
Number.Tenure and Qualifications. The Company shall initially have two (2) Managers:
Mark A. Kress and Burton C. Kross. The number of Managers of the Company shall be
fixed from time to time by the affirmative vote of Members holding a Deciding Interest,
but in no instance shall there be less than one (1) Manager. Each Manager shall hold
office until the next annual meeting of Members or until his successor shall have been
elected and qualified. Managers shall be elected by the affirmative vote of Members
holding at least three-fourths (3/4) of the Members' interest entitled to vote. Managers
need not he residents of the State of Colorado or Members of the Company.
• -2of3 -
Merino Conservation Group,LLC—Summary of Organization
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05/14/2007 14:42 9702054450 KROSS PAGE 09
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CERTIFICATE
The undersigned hereby agree, acknowledge and certify that the foregoing
Summary of Organization accurately describes MERINO CONSERVATION GROUP.
LLC. adopted by the Members of the Company as of December 31, 2003
Members:
—�..-
Mark Kross
Social Security Number: 521-19.4929
�i
Burton Kross
Social Security Number: 478-58-5432
•
•; of3-
Merino Conservation Group, LLC—Summary of Organization
SPECIFIC DEVELOPMENT GUIDE
• Twin Peaks at Iris Lane PUD
The concept of this subdivision is to create a Planned Unit Development(PUD) consisting of nine Estate
zoned lots and common open space. It is the intent of the applicant to create an urban scale subdivision
that provides single-family estate residential lots.
Twin Peaks at Iris Lane, Planned Unit Development(PUD) is located on the east side WCR 3
approximately 2059'South of Hwy 60. The subject parcel contains approximately 34.50 acres, and is
located south of the Home Supply and Handy Ditch. All nine lots would measure a minimum of 2.0 acres.
The applicants are requesting a waiver from the Estate Zone requirement of 2.5 acres per lot. However,
the overall density will be one septic system per 3.83 acres. The lots will be compatible with the
surrounding land uses, architectural style, character and zoning. According to maps recognized by the
Weld County Department of Planning Services, the site is located outside the Urban Growth Boundaries
for the communities of Berthoud. Please refer to the attached vicinity map for property location.
Agricultural activities have been occurring on and around the subject parcel. The Right to Farm
Covenant, as it appears in Chapter 22 of the Weld County Code will be placed on all recorded plats, by
doing so,future residents of the subdivision will be aware of long-standing agricultural practices in the
area.
In accordance with Section 27-6-20.B., the following submittal entails a specific development guide.
Section 27-4-20.E Initial impact plan addressing all impacts this use will have on the proposed site
and surrounding land uses. A listing of potential impacts is cited in Section 27-6-30 of this Chapter.
• (SPECIFIC DEVELOPMENT GUIDE)
Section 27-6-40 Component One—environmental impacts
7. Noise and vibration
8. Smoke,dust and odors
9. Heat, light and glare
10. Visual/aesthetic impacts
11. Electrical interference
12. Water pollution
Development of this proposal should not result in any adverse environmental impacts, including the
above listed environmental concerns. Negative impacts from noise and vibration, smoke, odors, heat,
glare,visual impacts, electrical interference and water pollution will not occur on the site. Since farming
can be a more intensive use than residential, some of these factors will be significantly mitigated with the
development of residential housing, such as smoke, dust and odors. Visual and aesthetic impacts will be
enhanced by entrance landscaping treatments and landscaping within the subdivision.
13. Wastewater disposal
All wastewater disposal within this development will utilize individual septic systems. The proposed lot
sizes within the subdivision have been designed to meet the density requirements of the Weld County
Code and the Weld County Health Department,therefore no negative impacts are foreseen on this site.
The overall density will be one septic system per 3.83 acres. All septic systems shall be designed
according to individual lot characteristics. In accordance with the Weld County Department of Public
Health and Environment requirements, primary and secondary leachfield envelopes will be
delineated on the plat and language restricting building on the leachfield envelopes will be included
in the homeowner's association covenants.
• 14. Wetland removal
No wetlands are located on this parcel;therefore, no wetland mitigation is necessary.
15. Erosion and sediments
16. Excavating,filling and grading
17. Drilling, ditching and dredging
Any on-site grading,drilling, ditching or dredging will be done sympathetically. There is one oil &gas
well on site. An oil & gas agreement has been included with this application A drainage plan has been
been submitted.
18. Air pollution
19. Solid waste
20. Wildlife removal
21. Natural vegetation removal
This proposal will not result in negative impacts to the above listed concerns. The residential uses should
not create any adverse impacts to air pollution or contribute to solid waste concerns.
22. Radiation/radioactive material
To the applicant's knowledge, there are no radioactive materials located on the subject parcel.
23. Drinking water source
The public water system will be provided by Little Thompson Water District. A letter of Commitment to
Serve has been included.
• 24. Traffic impacts
All residential lots will be served by an internal paved roadway, which will limit the number of
access points from WCR 3. There is an existing ditch access road on the north property line.
No additional road accesses will be created. Two traffic circles are also being proposed within
the subdivision. Any unforeseen traffic impacts resulting from the review of this proposal by the
Weld County Public Works Department will be addressed in future application submittals.
Please refer to the attached site plan.
Section 27-6-50 Component Two—service provision impacts
1. Schools
2. Law enforcement
3. Fire protection
4. Ambulance
Service providers for this PUD include Thompson R2-J, Weld County law enforcement, and the
Berthoud Fire Protection District. In cooperation with School District and Sheriff's Office a
school bus turn-out will be created along WCR 3. Applicable school impact fees will be paid at
the time of final plat submittal.
The Berthoud Fire Protection District has reviewed the conceptual plan and their concerns have
been addressed in the resubmittal.
5. Transportation (including circulation and roadways)
6. Traffic impact analysis by registered professional engineer
The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of
the Weld County Code. Only one road access off WCR 3 is proposed. In accordance with Weld
County Street designs, the road will be constructed of asphalt and meet all emergency service
• loading requirements, as well as the Weld County Public Works standards and regulations. It is
the developer's intent to construct a street design containing a 65' right-of-way, 50' roadway
width with two traffic circles and the roadways encompassing the subdivision with cul-de-sacs at
the terminus. The cul-de-sacs would also measure 65' rights-of-way with 50' roadway widths.
There is only one farm access that is combined with the oil and gas access to the property. It is
the property owner's intent not to create any additional access points other than what has been
initially described. No off-street parking areas have been identified as the large lot sizes should
provide adequate off-street parking needs for the residential properties.
7. Storm drainage
Storm drainage will be handled on-site. A drainage report has been submitted to Public Works.
8. Utility provisions
9. Water provisions
10. Sewage disposal provisions
Utility providers will have the standard easement dimensions of 20 feet on the sides and rear lot
lines and a 15-foot perimeter easement. The drinking water source is through Little Thompson
Water District. All wastewater disposals within this development will be through the use of
individual septic systems.
Section 27-6-60 Component Three—landscaping elements
1. Landscape plan
2. Treatment, buffering or screening and perimeter treatment
A Preliminary Landscape Plan has been included in the submittal. An entry sign will be located
on Outlot A. Individual landscaping on each lot will be determined and maintained by the lot
owner. A screening or buffering plan is not applicable part of the Landscape Plan.
3. Maintenance schedule for landscaping elements
4. On-site improvements agreement
5. Evidence of adequate water
.25 shares of Handy Ditch rights will be deeded to the Homeowners Association upon final plat
approval.
Section 27-6-70 Component Four—site design
1. Unique features
The topography of the subject parcel allows for sweeping views of the Front Range Mountains
even though the parcel is relatively flat with 1-3 percent land slopes. There are no other unique
land features existing solely within the proposed PUD.
2. PUD rezoning consistent with Chapter 22 of the Weld County Code
In accordance with Section 22-2-60.C. "Provide mechanisms for the division of land which is
agriculturally zoned." There are single-family dwellings within close proximity to the property
and since the parcel is relatively small in comparison to the average farm size, the residential
uses will be extremely compatible. Garcia PUD is located across the street and to the North and
Twin Peaks Estates PUD is located to the South. This subdivision will be extremely compatible
with the existing land uses.
3. Compatibility within PUD zone district
4. Compatibility with surrounding land uses
The applicant has carefully considered the uses on-site, adjacent properties and the existing
agricultural use of the property. All recorded plats will include the Weld County Right to Farm
Covenant. The bulk requirements of the Estate Zone District will be followed. The applicant
proposes to adhere to the Estate Zone District unless otherwise listed or noted in the change of
zone application and/or covenants. It is also important to realize this project will be served by
public water. Therefore, the standard minimum lot size served by public water is one (1) acre.
5. Overlay districts
The site is not located within any overlay districts, including airport or flood.
Section 27-6-80 Component Five—common open space usage
1-6 Open Space Regulations
This proposal is consistent with Weld County's open space regulations.
7- 15% Common Open Space Minimum
This project has been identified as urban scale and therefore shall comply with the required open
space standards. The subdivision layout proposes 26% recreational open space. The proposed
lots will be approximately 52% of the land, or 18.22 acres. The remainder of the land will be
used for detention ponds and oil and gas operations. The open space will serve as distance
buffers as well as passive recreational uses.
Ownership of Common Open Space
Construction of Open Space
On-site Improvements Agreement
The common usable open space will be owned and maintained by the homeowner's association.
Section 27-6-90 Component Six—signage
All signage within this PUD will comply with the sign standards set forth in Section 27-6-90 and
Division 6, Article II, Chapter 19 of the Weld County Code. A subdivision plan has been
included with this submittal.
Section 27-6-100 Component Seven —MUD impact
This component is not applicable to the subject parcel since this proposal is not located within
the Mixed Use Development Boundary as identified by Weld County.
Section 27-6-110 Component Eight—intergovernmental agreement impacts
S
This component is not applicable to the subject parcel since Weld County and the City of
• Berthoud have not entered into an intergovernmental agreement regarding urban growth
boundaries.
S
S
Weld County Treasure•
Statement of Taxes Due
Account Number R4697307 Parcel 106105200022
IILegal Description Situs Address
PT S2NW4 LOT C AMD REC EXEMPT RE-3983
Account: R4697307
MERINO CONSERVATION GROUP LLC
608 E HARMONY RD 203
FORT COLLINS, CO 80525
Year Charges Billed Payments Balance
2008 Tax $338.63 $338.63 $0.00
Grand Total Due as of 08/31/2009 $0.00
Tax Billed at 2008 Rates for Tax Area 2385-2385
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.804000* $73.60 AG-FLOOD $15,080 $4,370
SCHOOL DIST R2J 40.974000 $179.47 IRRRIGATED LAND
Ill NORTHERN COLORADO WATER 1.000000 $4.38 AG-WASTE LAND $4 $10
(NC Total $15,084 $4,380
BERTHOUD FIRE 13.774000 $60.33
BERTHOUD FIRE(BOND 2014) 1.500000 $6.57
HIGH PLAINS LIBRARY 3.260000 $14.28
Taxes Billed 2008 77.312000 $338.63
Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1.
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
II
Signed gr� Date 1 m 01
-
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3564353 07/02/2008 12:14P Weld County, CO
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
IIAccess Easement Agreement
This Access Easement Agreement is by and between Merino Conservation
Group, LLC (Grantor), a Colorado limited liability company and developer of Twin Peaks
at Iris Lane PUD, and James Warner(Grantee), Owner of Parcel #106105200057,
located in Section 5, Township 4, Range 68, of the 6th P.M.
The Grantor hereby conveys to the Grantee a perpetual, non-exclusive, 20-feet
wide access easement that shall run with the land, running eastward from the existing oil
well access roadway to Grantee's western property boundary. The access easement is
contained within an existing easement granted to the Consolidated Home Supply Ditch
and Reservoir Company. Grantee or its agent may design, install and maintain, at its
expense, an access roadway within the 20-feet wide easement. If an improved roadway
is constructed, then a culvert across the discharge from Grantor's stormwater detention
pond serving Twin Peaks at Iris Lane PUD may be installed at Grantor's expense.
Grantor shall also be responsible for future maintenance of the culvert. The location of
this perpetual, non-exclusive access easement is shown in Exhibit A and will also be
identified on the final plat for Twin Peaks at Iris Lane PUD.
Grantor grants to Grantee, the full right and liberty for Grantee and Grantee's
tenants, servants, visitors, licensees, and invitees; in common with all others having the
like right, at all times hereafter, with or without vehicles of any descriptions; to use said
easement or right-of-way for access Grantee's property, which is located adjacent to the
east of Grantor's property.
See Exhibit A attached hereto and made part hereof—description of
"Easement Area".
Grantor:
Burton C. Kross, Manager
Merino Conservation Group, LLC
By 62_.t.. crn CD 92A-43n4- Date: 6 /3o hoc 8
Printed Name: RurLon C. Kross
Title: Mass 9-5e1-
STATE OF COLORADO }
}ss.
COUNTY OF WELD }
(_a✓in-en,"
The foregoing instrument was acknowledged before me this 301h day
of tfu -c_ , 2008, by Burton C. Kross as Manager, Merino Conservation
Group, LLC
��osimmollf,,, WITNESS my hand and official seal.
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o�ARy' S. My commission expires:1 ... 4611411-(1-
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3564353 07/02/2008 12:14? Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
Grantee:
James Warner
6239 CR 36
Platteville CO 80651
2S� p
By
Pri Name: SQr11e5 (IL U1/4)(1 rya r
Title: ot,)K1f x
STATE OF COLORADO }
}ss.
COUNTY OF WELD }
The foregoing instrument was acknowledged before me this : .01 — day
2008, by James Warner as Owner of Grantee property.
0 5 : JNESS my hand and official seal.
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eld County, CO
iii 3564352 07/02/2008 12:14P W
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
Landscape Easement Agreement
This Landscape Easement Agreement is by and between Merino Conservation Group,
LLC (Grantee), a Colorado limited liability company and developer of Twin Peaks at Iris
Lane PUD, and James Warner (Grantor), Owner of Parcel#106105200057, located in
Section 5, Township 4, Range 68, of the 6'h P.M.
The Grantor hereby conveys to the Grantee a perpetual, non-exclusive landscape
easement that shall run with the land and is limited to the Grantee's right and obligation
to install, repair, replace, and maintain certain berming for the purpose of controlling
storm water drainage runoff from Twin Peaks at Iris Lane PUD. The Grantee or its agent
will design, install and maintain, at its expense,berming in the Landscape Easement Area
so that, in general, there will be a continuous, year-round berm barrier controlling the
storm water drainage run-off.
Grantor and Grantee agree that Grantor may modify the Landscape Easement Area,
including the berms, to accommodate Grantor's future use of this area, as long as
Grantee's storm water drainage runoff system continue to function as originally designed.
11 The cost of the first modification shall be equally divided between Grantee and Grantor;
with subsequent modification costs to be paid in full by Grantor.
See Exhibit A attached hereto and made part hereof—legal description of"Easement
Area".
Grantor:
James Warner
6239 CR 36
Platteville, CO 80651
By
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3564352 07/02/2008 12:14P Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
illSTATE OF COLORADO }
}ss.
COUNTY OF WELD } Zi//
The foregoing instrument was acknowledged before me this day of
_ 0„ 2008,by James Warner as Owner of"Easement Area".
OiARy
WITNESS my hand and official seal.
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Grantee:
Burton C. ICross, Manager
Merino Conservation Group, LLC
By &j ,J1 (c)—92^0n1- Date: 6 /3✓ 0 izoo$
STATE OF COLORADO }
}ss.
COUNTY OF WELD }
(aiin-e' -- 3'�1 day of
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Nre_ , 2008,by Burton C. Kross as Manager, Merino Conservation Group,LLC
WITNESS my hand and official seal.
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3564352 07/02/2008 12:14P Weld County, CO
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
•
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3473931 06/07/2007 09:40A Weld County, CO
1 of 4 R 21.00 D 0.00 Steve Minna Clerk 8 Recorder
MIN:ERAL DEED
THIS MINERAL DEED, made this 1st day of May, 2007, by and
between TWIN VIEW ESTATES, ::.LC, a Colorado Limited Liability
Company, the mailing address of which, for purposes of this
Mineral Deed, is 6933 Sedgwick Drive, Fort Collins, Colorado
80525 ("Grantor") , and MERINO CONSERVATION GROUP, LLC, a
Colorado Limited Liability Company, the mailing address of
which, for purposes of this Mineral Deed, is 6933 Sedgwick
Drive, Fort Collins, Colorado 80525 ("Grantee") .
WITNESSETH:
Grantor, for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, to Grantor in hand by
Grantee, the receipt of which is hereby confessed and
acknowledged, has granted, bargained, sold and conveyed, and by
these presents does hereby grant, bargain, sell, convey and
confirm unto Grantee, its successors and assigns, forever, all
right, title and interest of Grantor in and to all oil, gas and
other minerals and mineral rights (but expressly excluding sand
and gravel) located in, on, u:ider and that may be produced from
the real property described cn Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property") .
TOGETHER WITH rights of ingress and egress for the purposes
of mining, drilling, exploring, operating and developing said
lands for oil, gas and other minerals and mineral rights, and
removing same therefrom.
The foregoing grant shall be subject to any valid,
subsisting oil and gas leases affecting same.
TO HAVE AND TO HOLD, the above-described oil, gas and
mineral interests, together with all singular the rights and
appurtenances thereunto in ar.ywise belonging, to said Grantee
and its successors and assigns, forever; and Grantor does hereby
bind itself, its successors and assigns, to warrant and forever
and defend all and singular the Property unto Grantee and its
successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through
or under Grantor.
-� HASLER, FONFARA AND MAXWELL
125 SOUTH HOWES, 6TH FLOOR
POST OFFICE SOX 2267
PORT COLLINS, CO 80522
111111111111111111 I I I I 111111111111111111111191 I I I I I I I I
3473931 05/07/2007 09:40A Weld County, CO
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EXECUTED the date and year first above written.
TWIN VIEW ESTATES, LLC,
a Colorado Limited Liability Company
By:� ✓✓j[//
Stephen Greenlee, Manager
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 1"
day of May, 2007, by Stephen C. Greenlee as Manager of TWIN VIEW
ESTATES, LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
My commission expires: f CIJ I ahOC
•
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Q oTAR' Notary Public
•
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OF COOP
(HFIM 04/25/07) 2
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3473931 05/07/2007 09:40A Weld County, CO
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT "A" ATTACHED TO AND :MADE A PART OF THE MINERAL DEED BY
AND BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO LIMITED LIABILITY
COMPANY ("GRANTOR") AND MERINO CONSERVATION GROUP, LLC, A
COLORADO LIMITED LIABILITY COMPANY ("GRANTEE") ,
Legal Description of the Property
Lot C, Amended Recorded Exemption No. 1061-05-2
AMRE-3983, according to the map recorded March
8, 2007, at Reception No. 3460801, being a
portion of the West Half of Section 5, Township
4 North, Range 68 West of the 6th P.M. , Weld
County, Colorado.
AND
Lot A, 2"d Amended Recorded Exemption No. 1061-
05-3 2"d AMRE-3984, according to the map recorded
March 8, 2007, at Reception No. 3460802, being a
portion of the North Half of the South Half of
Section 5, Township 4. North, Range 68 West of
the 6th P.M. , Weld County, Colorado.
AND
Lot B of Recorded Exemption No. 1061-05-3
RE2953, according to the map recorded April 26,
2001, at Reception No. 2843434, being a portion
of the Southwest Quarter of Section 5, Township
4 North, Range 68 West of the 6th P.M. , County of
Weld, State of Colorado.
AND
Lot B, Recorded Exemption No, 1061-05-4 RE-3984,
located in the N'-1 of the 51 of Section 5,
Township 4 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado.
AND
Lot D, Recorded Exemption No. 1061-5-2 RE-3983,
located in the Northwest -i of Section 5,
Township 4 North, Range 68 West of the 6th P.M. ,
Weld County, Colorado.
I111111111111111111111IIIIII111111110111111 Ell ill S
3473931 05/07/2007 09:40A Weld County, CO
4 of 4 R 21.00 D 0.00 Sieve Moreno Clerk&Recorder
• AND
A portion of Subdivision Exemption No. 1063
recorded November 4, 2005, at Reception No.
3337738, described as follows:
That portion of the Southeast Quarter of Section
5, Township 4 North, Range 68 West of the 6th
P.M. , County of Weld, State of Colorado, being
more particularly described as follows:
Considering the North line of the Southeast
Quarter of Section 5, Township 4 North, Range 68
West as bearing SE9°03' 49"W and with all
bearings contained herein relative thereto:
Beginning at the Northeast corner of said
Southeast Quarter, said point being the TRUE
POINT OF BEGINNING; thence along the North line
of said Southeast Quarter South 89°03' 49" West
553. 15 feet; thence continuing along said North
line South 89°03' 49" West 22. 42 feet; thence
departing said North line South 71°57' 05" East
566. 62 feet; thence South 87°14' 15" East 46. 21
feet to a point on the East line of said
Southeast Quarter; thence along said East line
North 02°52' 21" West 187 . 42 feet to the
Northeast corner of said Southeast Quarter and
the TRUE POINT OF BEGINNING.
AND
Lot A, Recorded Exemption No. 1061-5-2 RE-3983,
recorded April 7, 2005, in Book 401, as
Reception No. 3275401 , located in the NW's of
Section 5, Township 4 North, Range 68 West of
the 6th P.M. , Weld County, Colorado.
AND .
Lot B of Recorded Exemption No. 1061-5-2 RE-
3983, recorded April ", 2005, at Reception No.
3275401, being a part of NW's of Section 5,
Township 4 North, Range 68 West of the 6th P.M. ,
County of Weld, State cf Colorado.
S
• •
?a 1111111 Ill 11111 111111111111 III 1111111 III 11111 IIII IIII
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• 1 of 12 R 66.00 D 0.00 Steve Moreno Clerk& Recorder
SURFACE USE AGREEMENT
•
THIS SURFACE USE AGREEMENT (this "Agreement") is made and
entered into this 30= day of , 2004, by and
between TWIN VIEW ESTATES, LLC, a Colorado Limited Liability
Company, the mailing address of which, for purposes of this
Agreement, is 3555 Stanford Road, Suite 204 , Fort Collins,
Colorado 80525 ("Owner") and MAGPIE OPERATING, INC. , a Colorado
Corporation, the mailing address of which, for purposes of this
Agreement, is 2707 South County Road 11, Loveland, Colorado
80537 ("Operator") .
RECITALS
A. Owner is the owner of the surface (and related mineral
interest) and is in possession of certain real property
described on Exhibit "A" attached hereto and incorporated herein
by this reference (the "Property") .
B. Operator is the owner and holder of a leasehold and
working interest in the oil and gas estate underlying all or
portions of the Property and is conducting oil and gas
production operations and proposes to conduct additional
• drilling and production operations on the Property, in the
future .
C. Owner and Operator desire to mitigate any surface
damage to the Property and to set forth their agreement with
respect to further oil and gas operations on the Property, the
accommodation of development of the surface, and to provide for
cooperation between the parties and the mutual enjoyment of the
party' s respective rights in and to the Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the
covenants herein made and the mutual benefits to be derived
therefrom, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties hereto agree as follows :
1 . Use of Lands . Each of the parties covenants and
agrees that it shall strictly observe the terms and conditions
regarding surface occupancy set forth in this Agreement . This
Agreement, and the rights and benefits granted and created
•
•
••
111111111111111111111111 III 1111111 III 11111 III! IIII
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• herein shall be effective as of the date of this Agreement and
shall continue in full force and effect until the later to occur
• of (i) permanent cessation of operations being conducted the
Drill Site Areas and Production Facilities Areas, as hereafter
defined, or (ii) expiration or termination of all oil and gas
leases affecting the Property in existence at any time during
the term of this Agreement .
2 . Drill Site Area . Operator acknowledges that only the
"Drill Site Areas" and "Production Facility Areas" reflected on
Exhibit "B" attached hereto and incorporated herein by this
reference shall be used as surface locations for future
activities of Operator under this Agreement and under Operator' s
oil and gas leasehold interest with respect to the Property
(including, without limitation, the drilling of any and all
wells to any and all formations underlying the Property covered
by this Agreement) . Such areas shall be in addition to the
"Existing Production Facility Area" also reflected on said
Exhibit "B. " Upon completion of the initial operations on a
Drill Site Area, the surface used by Operator therein shall be
entirely within the associated Production Facility Area . All
references contained in this Agreement to the term "Drill Site
Area" shall also be deemed to refer to the applicable Production
•
Facility Area resulting from operations on said Drill Site Area.
• Prior to entry of any equipment onto a Drill Site Area,
Operator' s representative shall meet and consult with Owner (or
Owner' s representative) , on the site, as to the exact location
of the Drill Site Area, access roads and, if appropriate, flow
line, equipment tank batteries or other associated production
facilities . This Agreement precludes the location of any
storage facilities on the Property with the exception of storage
tank batteries for oil produced from operations on the Property.
Access roads shall be limited to approximately 30 feet in
width during drilling, completion, recompletion and workover
operations . Permanent access roads to a Production Facility
Area shall be limited to 15 feet in width. Operator shall have
the right to move derricks, drilling tools, vehicles and other
machinery and equipment necessary or incident to the drilling,
testing, completion or operation of all Drill Site Areas and
Production Facility Areas, but shall promptly repair any damages
and reimburse for any crop revenue losses caused to any access
roads or any other portion of the Property in connection with
such activities .
•
• (HF&M 06/15/04) 2
111111 IM 11111 •
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3 . Surface Damages . Prior to commencement of drilling
operations, Operator shall pay Owner the sum of Three Thousand
• Five Hundred Dollars ($3, 500 . 00) for each Drill Site Area, as
full settlement and satisfaction of all damages growing out of,
incident to, or in connection with the usual and customary
exploration, drilling, completion, reworking, equipping and gas
production operations, unless otherwise specifically provided
herein.
The foregoing settlement does not include tank batteries or
similar equipment or facilities used for the production,
storage, transportation and sale of oil or gas from the
Property. If production of oil or gas is obtained, Operator
agrees to pay to Owner the additional sum of $2, 000 . 00 for each
Production Facility Area, which amount shall be payable prior to
installation of facilities or equipment on same.
4 . Other Damages . If by any reasons resulting from the
operations of Operator, there is damage to real or personal
property upon the Property which is not associated with usual
and customary operations, such as (but not limited to) damage to
livestock, structures, buildings, fences, culverts cement
ditches, irrigation systems, and natural water ways, such damage
• will be repaired or replaced by Operator, or Operator will pay
reasonable compensation to Owner for such additional damage.
• 5 . Operational Restrictions . In conducting its
operations on the Property, Operator shall :
A. Separate the top soil at the time of excavation
of pits so that the top soil and subsurface soil be placed back
in proper order as nearly as possible.
B. Use its best efforts to keep the Drill Site Areas
and Production Facility Areas free of weeds and debris .
C. Upon request by Owner, Operator shall utilize low
profile tanks . Owner shall have the right to install, from time
to time, such berms, screening and landscaping as may be
reasonably acceptable to Owner to screen any Production Facility
Area and any production equipment, at its sole cost and expense,
as long as it does not result in the increased risk to the
health and safety of Operator' s employees or others, and does
not interfere with the operation and production of the well .
•
• (HF&M 06/15/04) 3
11111111111111111111111 iiiiiP 1111111 III 11111 IIII Iui •
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D. Operator shall at all times properly maintain and
keep in good repair and condition all landscaping, fences,
•
roads, and other improvements permitted to be installed or in
connection with each Drill Site Area and Production Facility
Area, in order to keep such location and facilities in good and
safe working order and to maintain such facilities and trim all
landscaping, provide proper weed control, use appropriate dust
abatement procedures on all roads and the well site, including,
without limitation, not less than annual applications of dust
inhibitor, and otherwise maintain the site in as attractive a
condition as is reasonably possible. Without limiting the
foregoing, Operator, from time to time, shall repaint all
equipment and improvements to a mutually agreed upon color to
keep a professional and clean appearance .
E. Upon abandonment of any well, Operator shall
properly plug and abandon same in complete accordance with the
requirements of the Colorado State Oil and Gas Conservation
Commission and any other governmental authority with
jurisdiction over the Property. In addition, upon abandonment
of the Drill Site Area or Production Facility Area, Operator
shall fully restore the location as near as practical to its
pre-drilling state (provided that, at Owner' s option, any berms
•
and/or landscaping installed by Operator may remain in place) .
Without limiting the foregoing, Operator shall also fully
• reclaim and restore to its original condition the location of
any access roads used by Operator with respect to any abandoned
well site (subject to the option of Owner, exercisable in its
sole discretion, to maintain such access roads in place) .
F. Reclaim each Drill Site Area and Production
Facility Area as nearly as practicable to its original condition
and if the location is in a pasture, reseed the location with
native grasses. Weather permitting; reclamation operations
shall be completed within three (3) months following drilling
and subsequent related operations, unless Operator and Owner
mutually agree to postponement because of crop, weather or other
considerations .
G. Operator shall use the Drill Site Areas and
Production Facility Areas only for drilling and production
operations and placements of wellheads, separators, and normal
well site storage tanks, and shall not install or store any
other temporary or permanent structures, equipment or facilities
on the Drill Site Areas or Production Facility Areas without
prior written consent of Owner, which may be withheld at Owner' s
•
• (HF&M 06/15/04) 4
III 111111(1111111 i11111Iff illll III111111111II11
3�� 11
•
3293024 06/07/2005 04:45P Weld County, CO
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• sole discretion, other than such structure, equipment, or
• facilities as are necessary in the area for the production of
oil and gas, provided that no such consent shall be required in
the event that such structure equipment or facilities are deemed
by Operator to be necessary to the efficient and safe operation
of a well or wells, or in the case of an emergency. Operator
shall use electric motors and underground electrical lines for
production operations on any facilities installed after the date
of this Agreement (currently existing production operations are
excluded from this provision) . Also, without limiting the
foregoing, Operator shall not install gas plants, collection
facilities - other than customary tank batteries - or other
similar major facilities on the Drill Site Areas, Production
Facility Areas or anywhere else on the Property.
6. Compliance with Applicable Laws. Owner and Operator
shall each, at all times, _ conduct their respective operations in
compliance with all conditions or requirements of any and all
applicable laws, rules, regulations, and requirements imposed by
any governmental agency, including, without limitation, the
Colorado Gas and Conservation Commission. In the event that any
condition set forth in any such law, rule and regulation, and
any condition contained in this Agreement are in conflict, the
•
more restrictive shall apply. In addition, each party shall
conduct its operations, at a minimum, in compliance with the
• standards imposed by the State of Colorado, Weld County or
agreed to by such party in connection with any use permit
obtained from any governmental authority with respect to such
party' s operations . Nothing contained herein shall be construed
as waiving the right of either party to contest any requirement
sought to be imposed by any such governmental authority.
Without limiting any other provisions of this Agreement,
each party shall conduct its respective operations in compliance
with any and all governmental regulations and industrial
standards with respect to health and safety considerations, and
proper environmental protection, including, without limitation,
mitigation of noise, drainage and erosion control, dust control,
air, soil and water quality protection and visual impacts . Each
party shall indemnify and hold harmless the other party from any
loss incurred as a result of breach of any such standards.
Operator shall also promptly remediate any contamination to soil
or water, whether on a Drill Site Area, a Production Facility
Area, or elsewhere, caused by its operations on the Property.
•
• (HF&M 06/15/04) 5
I 1111111111111111 Hill IIII�II 1111111 III 11111 1111 ill
3293024' 06/07/2005 04:45P Weld County, CO
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111 7 . Insurance. Before and during drilling and production
operations on the Property, Operator shall at all times maintain
•
appropriate insurance, including, without limitation, workers
compensation insurance, in compliance with Colorado law for its
employees or contractors involved in the conduct of operations
on any portion of the Property and general public liability
insurance in such amounts as are customarily maintained for
operations similar to those conducted by Operator.
8 . Relocation. Owner may at any time, and from time to
time, move or request that Operator move, at Owner' s expense,
flow lines, roads and production equipment to enable Owner to
better utilize, in Owner' s reasonable judgment, the surface of
the Property. Movement of such flow lines, roads and production
equipment is conditioned upon Operator' s reasonable
determination that such movement will not result in increased
risk to the health and safety of Operator 's employees or others,
and will not have a significant adverse affect on Operator' s
ability to produce the affected well.
9 . Land Development . Operator acknowledges that it is
the intent of Owner to further develop the surface of the
Property and adjacent property, and Operator shall use
•
commercially reasonable efforts in the conduct of all operations
pursuant to this Agreement to accommodate such use and
• development, and to conduct its operations in such a way as not
to interfere with such use and development . Owner acknowledges
that it is the intent of Operator to conduct further drilling
and production operations on specified portions of the Property,
and Owner shall use commercially reasonable efforts in its use
and development of the surface so as not to interfere with such
drilling and production operations, provided that nothing
contained herein shall be construed as requiring Owner to allow
Operator to conduct any such operations at any location other
than the Drilling Site Areas and Production Facility Areas
identified in this Agreement, nor shall this provision be
construed as precluding Owner from using and developing the
Property for any residential, commercial or other purpose
permitted by any applicable governmental zoning laws, rules and
regulations .
10 . Cooperation . Owner agrees to cooperate with Operator,
at Operator' s request, in Operator' s effort to seek approval by
Weld County or the State of Colorado, of the proposed oil and
gas development on the Property and join in the execution of any
consents or other documents necessary to permit Operator to
•
• IHE&M 06/15/04)
11111111111111111 111111 111111 11111111 113 11 X 111
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pursue such approvals (subject, however, to the condition that
• the proposed operation must be consistent with the terms and
conditions of this Agreement) . Operator acknowledges that it is
aware of Owner' s intended future development of the surface of
the Property and Operator agrees that it will not protest or
object to any land use, subdivision, zoning, or other similar
proposal presented by Owner to Weld County or the State of
Colorado with respect to the Property and that Operator will
join in the execution of any plats, consents, or other documents
necessary to permit Owner to pursue such approvals . The
foregoing provision is subject to the condition that the
proposed use or development will not result in an unreasonable
increased risk to the health and safety of the Operator' s
employees or others, and does not unreasonably interfere with or
unreasonably increase the cost of operation and production of
Operator' s well or wells .
11 . Governing Law. It is expressly understood and agreed
by and between the parties hereto that this Agreement shall be
governed by and its terms construed under the laws of the State
of Colorado.
• 12 . Default Remedies . The parties to this Agreement
acknowledge and declare that it would be impossible or difficult
• to measure in money the damages which would accrue to either
party by reason of the failure of the other party to perform its
obligations as set forth herein. Therefore, should any dispute
arise or any action be instituted by either party to this
Agreement, to enforce the provisions of this Agreement, it is
agreed that this Agreement shall be enforceable in a court of
equity by decree of specific performance, and also that
appropriate injunctions may be issued. Each of the parties
hereto waives, for itself and its successors and assigns, any
claim or defense that an adequate remedy exists in law. The
remedies provided herein shall be cumulative, and not exclusive,
and shall be in addition to any other remedies available to a
non-defaulting party. In the event it is necessary for any
party to engage in the services of legal counsel in order to
enforce its rights hereunder, the prevailing party in any such
proceedings shall be entitled to an award of its reasonable
costs and expenses (including attorneys' fees) .
13 . Assignment . This Agreement shall be assignable, in
whole or in part, by either party, subject to the following:
•
• (HF&M 06/15/04) 7
1111111111111111 •
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• A. Operator shall assign its interest in the Oil and
Gas Lease (s) covering the subject property only following
• written disclosure to the assignee of this Agreement, and such
assignment shall be expressly subject to all terms and
conditions of this Agreement, and the assumption by assignee of
all obligations of Operator under this Agreement . Operator
shall make any such assignment only following written disclosure
to the assignee the existence of this Agreement, and such
assignment shall be expressly subject to all terms and
conditions of this Agreement (whether or not so stated therein) ,
and the assumption by assignee of all obligations of Operator
under this Agreement (whether or not so stated therein) .
B. Owner may assign an interest in this Agreement
only in connection with the conveyance of all or any portion of
the Property, and then only insofar as the Agreement pertains to
that portion of the Property so conveyed. Owner shall make any
such assignment only following written disclosure to the
assignee of the existence of this Agreement, and such assignment
shall be expressly subject to all terms and conditions of this
Agreement (whether or not so stated therein) , and the assumption
by assignee of all obligations of Owner under this Agreement
• (whether or not so stated therein) .
14 . Headings . The headings in this Agreement are inserted
•
for convenience only and are in no way intended to describe,
interpret, define or limit the scope, extent or intent of this
Agreement or any provision hereof.
15. Binding Effect . This Agreement shall be binding upon
and inure to the benefit to the successors and assigns of the
parties, and may be executed in counterparts . The provisions of
this Agreement shall constitute covenants running with the
Property for so long as this Agreement (and any modifications
thereof) remains in force and effect .
•
(HF&M 06/15/04) B
I111111111111 1111 II
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•
IN WITNESS WHEREOF, the parties hereto have executed this
• Surface Use Agreement as of the day and year first above
written.
TWIN VIEW ESTATES, LLC,
a Colorado Limited Liability Company
By: �i�1' �- ^— C 4. ..J� a
Stephe C. Greenlee, Manager
"Owner"
MAGPIE OPERATING, INC. ,
a Color do Corporation
By:
J m s M. Warner, President
"Operator"
•
•
•
• (HF&M 06/15/04) 9
1111111111111111111111 Ilk III 1111111 III 111111 III IIII •
3293024 06/07/2005 04:45P Weld County, CO
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• EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SURFACE USE
AGREEMENT BY AND BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO
LIMITED LIABILITY COMPANY ("OWNER") AND MAGPIE OPERATING, INC. ,
• A COLORADO CORPORATION ("OPERATOR") .
Legal Description of the Property
The Northwest Quarter of Section 5, Township 4
North, Range 68 West of the P. M. , Weld County,
Colorado,
AND
The North Half of the South Half of Section 5,
Township 4 North, Range 68 West of the 6th P.M. ,
less that portion contained in Recorded
Exemption No. 1061-05-3-RE2953 according to the
Map recorded April 26, 2001, at Reception No.
2843434, County of Weld, State of Colorado,
AND
• Lot B of Recorded Exemption No. 1061-05-3-RE2953
according to the Map recorded April 26, 2001, at
Reception No. 2843434, situate in the Southwest
•
Quarter of Section 5, Township 4 North, Range 68
West of the 6th P.M. , County of Weld, State of
Colorado.
•
•
1111111 11111 110 111111 1111,1111111111 IM III III' •
3293024 06/07/2005 04:45P Weld County, CO
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• EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SURFACE USE
AGREEMENT BY AND BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO
LIMITED LIABILITY COMPANY ( "OWNER" ) AND MAGPIE OPERATING, INC. ,
• A COLORADO CORPORATION ( "OPERATOR" ) .
Drill Site Area and Production Facility Area
[SEE ATTACHED]
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