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Home My WebLink About20101473.tiff • Case#: 2009-XX Name: Todd Creek Village Metropolitan District Proposed Project: Weld County Comp Plan Amendment to create a new Regional Urbanization Area ("RUA") consisting of approximately 2,095 acres Location: Approximately equidistance from f/ Brighton, Fort Lupton, and Dacono, with adjacency /�$®1 Weld County to the Adams Countyline. Majority lies between CR I ` .114. Planning Services 4&6 and CR 17&21. 91810th St Planner: Brad Mueller Greeley CO 80631 COLORADO (970) 353-6100 ext. 3540 17 16 15 14 13 a 1 1 3w upon '19 . 2] 22 23 24 �1 y _ 30 29 _28 27 25 !. 0 m 31 32 33 34 36 3 e Phi • Case#: 2009-XX Name: Todd Creek Village Metropolitan District Proposed Project: Weld County Comp Plan Amendment to create a new Regional Urbanization Area ("RUA") consisting of approximately 2,095 acres Location: Approximately equidistance from Brighton, Fort Lupton, and Dacono, with adjacency „t'.'J \ Weld County /to the Adams Countyline. Majority lies between CR f k IRO I Planning Services 4&6 and CR 17&21. 91 `"St 810 Planner: Brad Mueller voleR970)ey CO 353-61006 _ ext. 3540 ADO 4_ 4* ^ ! 17 16 15 14 13 1 • .rpm ' ..... 13 21 2≤ 23 24 36 29. _28 s- 27 25 nwr. 31 32 33 34 36 - 3 1 _ • 2010-1473 SURROUNDING PROPERTY OWNERS ERN LTD PARTNERSHIP • c/o ERNEST ZARLENGO 2009-XX TODD CREEK RUA 2550 E FLORA PLC DENVER CO 80210 SURFACE ESTATE LAND OWNERS RICHARD FARASYN ALF EQUINOX TODD CR VILLAGE NORTH 1212 COMMERCE CT LLC LAFAYETTE CO 80026 9055 EAST MINERAL CIR, STE 200 CENTENNIAL CO 80112 FORD INGE VEBEKA NIELSEN 2624 CR 17 ASPHALT PAVING CO BRIGHTON CO 80601 14802 W 44 AV GOLDEN CO 80403 FLORENTINO GAMUEDA 6001 E 100TH AV JENNIFER BARGEN DENVER CO 80229 848 CR 17 BRIGHTON CO 80601-8908 ARNOLD GRENEMYER 9738 CR 4 JAMES BAXTER BRIGHTON CO 80601 2198 CR 17 BRIGHTON CO 80601 JANINE MICHELE GRIFFITH 10370 CR 6 JOHN & GRACE BLYLER FAMILY TRUST FT LUPTON CO 80621-8420 3240 VICTORY VIEW DR BOISE ID 83709 HUGH HAWTHORNE 1770 CR 23 • MARK BOSTOCK BRIGHTON CO 80601 1933 66 AV GREELEY CO 80634-7958 CAROL HOWARD 8709 CR 4 GERALD BROWNE BRIGHTON CO 80601 2707 CR 19 FT LUPTON CO 80621 GARY HOWARD 8739 CR 4 CLINTON COATS BRIGHTON CO 80601 2164 CR 17 BRIGHTON CO 80603-1890 JOHN HOWARD 8709CR4 D& C FARMS LLLP BRIGHTON CO 80601 8709 CR 4 BRIGHTON CO 80601 LARRY JOHNSON 1171 CR 21 KIRK DENNIS BRIGHTON CO 80603 1880 CR 19 FT LUPTON CO 80621 JONATHAN KANON 1508CR21 ENCANA OIL & GAS (USA) INC BRIGHTON CO 80601 370 17 ST NO. 1700 DENVER CO 80202 JOHN KEELING 2044 N CR 17 ENCANA OL AND GAS (USA) INC BRIGHTON CO 80601 C/O K E ANDREWS &COMPANY 3615 S HURON ST STE 200 GERALD KRANTZ • ENGLEWOOD CO 80110 PO BOX 632 FT LUPTON CO 80621 • 2637 CR NE LEFFORGE QUARTER CIRCLE S QUARTER CIRCLE 2637 19 LAND CO LLC FT LUPTON CO 80621 115533 CR 6 FT LUPTON CO 80621 HEIRS OF JAMES LEFFORGE 2617 CR 19 ALFREDO RAMIREZ FT LUPTON CO 80621 1885 CR 23 FT LUPTON CO 80621 STEVEN LEFFORGE 2621 CR 19 JOSEPH REIDER FT LUPTON CO 80621 3313 LOWELL LN ERIE CO 80516 LOR MA K 7057 ABERDEEN CURVE JOHN ROTHERHAM WOODBURY MN 55125 PO BOX 473 FT LUPTON CO 80621 MARCUM MIDSTREAM C/O CONQUEST OIL JOHN ROTHERHAM 8207 W 20 ST STE B PO BOX 552 GREELEY CO 80634 FT LUPTON CO 80621 GEORGE MARCUS RULE FEEDLOT INC 9965 CR 2 PO BOX 189 BRIGHTON CO 80603 BRIGHTON CO 80601 MARRS FAMILY TRUST LARRY RULE 2528 CR 19 PO BOX 189 • FT LUPTON CO 80621 BRIGHTON CO 80601 MISSOURI IMPROVEMENT COMPANY LARRY SPENCER RULE 1416 DODGE ST 600 CR 21 OMAHA NE 68179-0001 BRIGHTON CO 80601 NORMAN MOYER SAKATA FARMS A PARTNERSHIP 773 CR 19 PO BOX 508 BRIGHTON CO 80603-9228 BRIGHTON CO 80601 MERLE MULLET ALLAN SAMSON 10463 CR 6 2643 CR 19 FT LUPTON CO 80621 FT LUPTON CO 80621 KIM NAMANNY CAROL SOSTARICH 8448 CR 4 10794 CR 6 BRIGHTON CO 80603-8904 FT LUPTON CO 80621 ROBERT & LEONA PETERSON TRUST ROBERT STEVENS C/O BOREL BANK&TRUST CO TRUSTEE 2464 CR 17 PO BOX 5492 BRIGHTON CO 80601 SAN MATEO CA 94402-9955 UNITED POWER INC DENNIS POGGENSEE PO BOX 929 2034 CR 17 BRIGHTON CO 80601 BRIGHTON CO 80601 VENTURE LLC • PUBLIC SERVICE OF COLORADO 9709 ALKIRE ST 500 PRUDENTIAL PLAZA- 1050 17 ST ARVADA CO 80005 DENVER CO 80265 • BRIAN WACHHOLTZ 1906CR21 BRIGHTON CO 80603 CLIFFORD WAGNER 648 CR 19 BRIGHTON CO 80601 MICHAEL WARE 845 CR 19 BRIGHTON CO 80603 DELVIN WARREN CIO WARRENS LANDSCAPE &SPRINKLER 847 LINGER DR PARKER AZ 85344 BRIAN ZEHNDER 9709 ALKIRE ST ARVADA CO 80005 BRIAN ZEHNDER 6100CR4 BRIGHTON CO 80603 STEPHEN ZEHNDER 2365 CR 23 • FT LUPTON CO 80621 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number 2009-XX in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 27th day of August, 2009. Dated the 27'h day of August, 2009. Kristine Ranslem Recording Secretary for Planning Commission • Case#: 2009-XX Name: Todd Creek Village Metropolitan District Proposed Project: Weld County Comp Plan CPS P0Srq Amendment to create a new Regional Urbanizatio. 4.•.. " Wef , Area ("RUA') consisting of approximately 2,095 i bB ` ° A acres �? i,l/ r,,,,,, VIINIYAWA4 Location: Approximately equidistance from M 50".• 4w = -;�, $ 00.280 Brighton, Fort Lupton, and Dacono, with adjacenc .' r' iw 26Weld COLt t?27 2009 to the Adams Countyline. Majority lies between C - JIM- D ?f19n3eg€ e�:8,:,1 4&6 and CR17&21. w 918101hst mile Planner: Brad Mueller mile Greeley CO 80631 COLORADO (970) 353-6100 ext. 3540 :— 16 17 16 15 14 13 i 19- F pAC m� USDA Al r r/Al III lr J Te•art '1nn .n, i i.�— 14 26 [l_ECU1055• 8011;4334 .:14h;; 1003/31709 RETURN TO SENDEF POST DUE _ . ,t _ X UROUP _ ___ 30 29. "The' 1U4E,0 £ 159TH CT ERIGHT )N CO 80602- 7977 • 2 RETURN' TO BELT F.R POST DUE = $-- __ Case#: 2009-XX Name: Todd Creek Village Metropolitan District Proposed Project: Weld County Comp Plan ,A P°SrS Amendment to create a new Regional Urbanizatio :;r "" o "F Area ("RUA") consisting of approximately 2,095 .' t- z 010,` " - , �'- acres .+ •• . 9 e,4 •.T IIINI,MANI% Location: Approximately equidistance from al '• yf° y"'. ^ rr„ $ OO.280 Briyhton, Fort Lupton, and Dacono,with adjacenc _ ,,; •LWeld CouF*2 z z 3 e to the Adams Countyline. Majority lies between C '=a fill.-. DrilithfiKeS4NEAD631 4 a 6 and CR 17 a 21. ',il10th St Planner: Brad Mueller Greeley CO 80631 `j', i COLORADO (970) 353-6100 ext. 3540 1$ 17 16 15 14 13 a 19 q d nconi n KRANTZ exam NIXIE :302 CE .1 40 08/01/09 A•AA.AYA URTO RCTN SENDER 30 29 28c NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD • AAA... DC: 90531111810 *11 ee-OO 9O2--27-...4:3 31 32 33 Ijlijljjlllljjlllljjlllll)111il51ilim Illiljllll(jjiljllhjljj _ • Case : XX Name. Todd Creek Village Metropolitan District Proposed Project: Weld County Comp Plan z..., is , Amendment to create a new Regional Urbanization i;4.';• )' F Area ("RUA") consisting of approximately 2,095 i. { . z acres Location: Approximately equidistance from _-_: :IflL ji: $ 00 28° Brighton, Fort Lupton, and Dacono, with adjacency i. ir- '42 Weld'COWING s to the Adams Countyline. Majority lies between CR I EL &Q dl86Q ¢ t.- 4&6 and CR17&21. Ville 91810`�iSt Planner: Brad Mueller - V■■COLO�DO g70) 353-6100 0ext. 3540 15 1. ifi 15 14 13 f 1� PI IRI_IC SERVICE OF COLORADO DOMINO9 '20 41 NIXIE 002 DE 1 40 0910.5/09 — RETURN TO SENDER n 29 28 ATTEMPTED -- NOT KNOWN UNABLE TO FORWARD ,..,�., DC: 00601/11010 1` *1750-00949-27-40 . 31 32 33 II11ItIIMIII11t1IIl11ijl MIIIitlllitlljilllltijlllij111IIII • • • c 6jr. DEPARTMENT OF PLANNING SERVICES 918 10th Street GREELEY, COLORADO 80631 IlDWEBSITE: www.co.weld.co.us E-MAIL: bmueller@co.weld.co.us C. PHONE (970) 3FAX (9700) 304-6498 COLORADO May 1, 2009 Steve Zehnder 26358 County Road 60 'A Greeley, CO 80631 Dear Mr. Zehnder: Thank you for your letter dated April 21, 2009, in which you expressed an interest in not being included in a proposed Dry Creek Regional Urbanization Area ("RUA") planning area. • A Weld County Comprehensive Plan amendment application, as contemplated by the Todd Creek Metropolitan District, has not been submitted to Weld County to date. As such, there is no application upon which the County could act, but we will hold onto your letter for future reference. The Board of County Commissioners has recently made a determination about what parties may participate in the planning process for sub-areas such as a new RUA, and they concluded that applicants should be property owners. Accordingly, we would anticipate that if an application for a new RUA is submitted, that it would include only participating landowners. All land use applications in Weld County require public noticing, and the various general planning processes utilized in the past have always included public input. We appreciate your awareness of land use discussions in your area and encourage you to continue to contact us in the future with any additional comments or questions. Sincerely, Brad Mueller, Long Range Planner Weld County Planning Services • cc: Commissioner Doug Rademacher& Thomas Honn, AICP, Director of Planning • itet cf1\ DEPARTMENT OF PLANNING SERVICES 918 10th Street GREELEY, COLORADO 80631 ' WEBSITE: www.co.weld.co.us E-MAIL: bmueller@co.weld.co.us PHONE (970) 353-6100, EXT. 3572 FAX (970) 304-6498 COLORADO May 1, 2009 Brian Zehnder 9709 Alkire Street Arvada, CO 80005 Dear Mr. Zehnder: Thank you for your letter dated April 21, 2009, in which you expressed an interest in not being included in a proposed Dry Creek Regional Urbanization Area ("RUA") planning area. • A Weld County Comprehensive Plan amendment application, as contemplated by the Todd Creek Metropolitan District, has not been submitted to Weld County to date. As such, there is no application upon which the County could act, but we will hold onto your letter for future reference. The Board of County Commissioners has recently made a determination about what parties may participate in the planning process for sub-areas such as a new RUA, and they concluded that applicants should be property owners. Accordingly, we would anticipate that if an application for a new RUA is submitted, that it would include only participating landowners. All land use applications in Weld County require public noticing, and the various general planning processes utilized in the past have always included public input. We appreciate your awareness of land use discussions in your area and encourage you to continue to contact us in the future with any additional comments or questions. Sincerely, Brad Mueller, Long Range Planner Weld County Planning Services • cc: Commissioner Doug Rademacher & Thomas Honn, AICP, Director of Planning afrc . Zet, • Mr. Gene Osborne Todd Creek Village Metropolitan District 10450E 159th Ct. Brighton, CO 80602 Mr. Brad Mueller Weld County Department of Planning and Building Services 918 10th Street Greeley, CO 80631 Dear Mr. Osborne and Mr. Mueller: Please be advised that the following properties are not to be included in the proposed Dry Creek RUA. 1. TO1N R67W SW 1/4 Section 22—Brian J. Zehnder, et all 2. TO1N R67W SW1/4 Section 23 —Brian J. Zehnder, et all 3. TO1N R67W SE 1/4 Section 23 —Stephen A.Zehnder, et all. We are the property owners and as such do not give permission for the Todd Creek Village Metropolitan District to include our properties in the proposed amendment to the • Weld County Comprehensive Plan. We are appalled that a Metro District without the knowledge or consent of the actual landowners can start a public process that would dramatically impact our properties. We attended two public open houses on this proposal and at both events it was stated the County requires the process. There was much confusion and open hostility at both meetings. Again we are not asking to"opt" out of the proposal—we do not ever consider our properties included. Please confirm your receipt of this letter. Sincerely, isa/ °Brian Zehnder Steve Zehnder 9709 Alkire Street 26358 WCR 60%2 Arvada, Co 80005 Greeley, CO 80631 • /�A-CO t,•1 1 AECOM 303 595 4522 tel � 1809 Blake Street 303 595 4434 fax Suite 200 Denver CO 80202 www.aecom.com • Memorandum Weld County Planning Department GREELEY OFFICE MW 3 0211119 RECEIVED To Brad Mueller Page 1 CC Subject Mineral Rights Noticing From Alexa Braun Date November 24, 2009 Brad- Enclosed please find a copy of the notice sent to mineral rights owners regarding the Planning Commission hearing for the Dry Creek RUA. I have also enclosed the orginal notarized certification that the mailings were completed. • Regards, Alexa • NOTICE OF PUBLIC HEARING • BEFORE THE WELD COUNTY PLANNING COMMISSION A public hearing of the Weld County Planning Commission will be held on Tuesday, January 19`1, 2010, at 1:30 p.m., in the Weld County Planning Services Hearing Room, 918 10th Street, Greeley, Colorado, to consider the Dry Creek Regional Urbanized Area (RUA) application. The application proposes an amendment to the Weld County Comprehensive Plan to create a new Regional Urbanization Area ("RUN') consisting of approximately 2,095 +/-acres. For additional information please contact Weld County Planning Services at 970-353-6100 x 3540. Applicant: Todd Creek Village Metropolitan District (TCVMD) Case Number: 2009-XX Dry Creek RUA Legal: Portions of Sections 21, 26, 27, 28, 34 and 35, Township 1 North, Range 67 West of the 61h P.M., Weld County, Colorado. • • CERTIFICATION • RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5- 103(1), and in support thereof, states and certifies as follows: 1. That Applicant has provided notice, (a copy of which is attached hereto as Exhibit "A"), containing the time and place of the initial public hearing on its application for Case Number XX leM40,4(4,14A the nature of the initial public hearing, the legal description by section, township and range of the property which is the subject of the initial public hearing, and the name of the applicant; 2. That said notice was provided thirty (30) days prior to the scheduled public hearing, that it was provided by certified mail, return receipt requested, or by a nationally recognized overnight courier; 3. That said Exhibit A includes the list of the names and addresses of the surface owners, mineral estate owners and lessees of mineral interests to whom the notice was sent, includin ersons who have requested receipt of such notices, pursuant to C.R.S. § 24-6�4ry4_- Wf3 ;;�TM1 o TA R y APPLICANT: • • P aG V �11' Vll ( l Y� t h'1;a 111 ��► Ct STATE OF CO\& utut i COUNTY OF Donna( Subscribed and sworn to before me this aeday of Kink.tL.bp,( , 200_3, by Tdroatlut N( 4CreirefeNotary Public Note: This Certification must be received by the Weld County Department of Planning Services prior to or at the initial public hearing. If the Certification is not received by that time, the hearing will be rescheduled to a later date, and Applicant must re-notify all owners of mineral interests. • Michelle Martin From: Michelle Martin ent: Monday, January 11, 2010 10:52 AM o: 'Braun, Alexa' Cc: Roger Hollard Subject: RE: Dry Creek RUA Mineral Rights Noticing Certification Alexa, I will need you to bring to the hearing on Jan 19 or mail to be at the below address the original noticing certificate, thanks for all your help. Michelle Martin Planner Ill 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 From: Braun, Alexa [mailto:Alexa.Braun@aecom.com] Sent: Friday, January 08, 2010 11:25 AM To: Michelle Martin Cc: Roger Hollard Subject: Dry Creek RUA Mineral Rights Noticing Certificaiton •Michelle- Attached is the notarized Mineral Rights Noticing Certification for the Dry Creek RUA. The notices for our Planning Commission hearing on the 19`h, went out on November 24`h.At that time, we submitted to Brad a Notarized Mineral Rights Noticing Certification, but had erroneously cited the Colorado Revised Statutes number rather than the Weld County Code. The Certification is now updated and re-notarized as he requested. I have also attached a copy of the notice that went out to the mineral rights owners. Please let me know if you need anything else in this regard. I look forward to receiving the staff report from you today. Thank you. Alexa Braun, LEED AP Associate, Planning & Urban Design Practice Leader Design + Planning D +1 303.308.3553 alexa.braun@aecom.com AECOM 1809 Blake Street, Suite 200 Denver, CO 80202 USA T+1 303.595.4522 F+1 303.595.4434 • www.edaw.com www.aecom.com EDAW has evolved. 1 Our name is now AECOM, as our Design+ Planning professionals work in concert with a wider range of experts to enhance and sustain the world's built, natural and social environments. • • • 2 CERTIFICTION • RE: NOTIFICATION OF MINERAL INTEREEST OWNERS AND LESSEES The undersigned Applicant certifies compliance with the provisions of Weld County Code Section 22-1-150.B.5.8, and in support thereof, states and certifies as follows: 1. That Applicant has provided notice, (a copy of which is attached hereto as Exhibit "A"), containing the time and place of the initial public hearing on its application for Case Number 2009-XX Dry Creek RUA the nature of the initial public hearing, the legal description by section, township and range of the property which is the subject of the initial public hearing, and the name of the Applicant; 2. That said notice was provided thirty (30) days prior to the scheduled public hearing, that it was provided by certified mail, return receipt requested, or by a nationally recognized overnight courier; 3. That said Exhibit A includes the list of the names and addresses of the surface owners, mineral estate owners and lessees of mineral interests to whom the notice was sent, including those persons who have requested receipt of such notices, pursuant to Weld County Code Section 22-1-150.B.5.8. • APPLICANT: 11 Todd Creek Village Metropolitan District STATE OF CO\o ra.d o COUNTY OF Den ue( Subscribed and sworn to before me this 6 "'day of Tgnuar 1 , 20 tbgtho- Vick tlA( Y,.V•_'�4?:' Y. ' . - "''t72) Notary Public n •. rt/BLIC . Note: This Certification must be received by the Weld County Department of P1hq t qS Services prior to or at the initial public hearing. If the Certification is not received time, the hearing will be rescheduled to a later date, and Applicant must re-notify all owners of mineral interests. • • NOTICE OF PUBLIC HEARING BEFORE THE WELD COUNTY PLANNING COMMISSION A public hearing of the Weld County Planning Commission will be held on Tuesday, January 19`h, 2010, at 1:30 p.m., in the Weld County Planning Services Hearing Room, 918 10th Street, Greeley, Colorado, to consider the Dry Creek Regional Urbanized Area (RUA) application. The application proposes an amendment to the Weld County Comprehensive Plan to create a new Regional Urbanization Area ("RUA")consisting of approximately 2,095 +/-acres. For additional information please contact Weld County Planning Services at 970-353-6100 x 3540. Applicant: Todd Creek Village Metropolitan District(TCVMD) Case Number: 2009-XX Dry Creek RUA Legal: Portions of Sections 21, 26, 27, 28, 34 and 35, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. • • MOLLY SOMMERVILLE BUCHANAN, P.C. •Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 December 30, 2009 Via E-Mail and Federal Express Brad Mueller Weld County Planning Department 918 10`h Street Greeley, Colorado 80631 Re: Todd Creek Village Metropolitan District Application for the Dry Creek Regional Urbanization Area Township 1 North, Range 67 West Sections 21, 26, 27,28,34 and 35 (portions) Weld County, Colorado Dear Brad: • This letter is in response to a notice of hearing to be held before the Weld County Planning Commission on January 19, 2010 upon the application of the Todd Creek Village Metropolitan District covering portions of Sections 21, 26, 27, 28, 34 and 35 in Township 1 North, Range 67 West ("Property"). This law firm represents Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. ("Anadarko Land"), together the "Anadarko Entities," and also Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to applications for development and permit applications that include the Property. The Anadarko Entities own mineral interests in Sections 21, 27 and 35 and Kerr-McGee owns oil and gas leasehold interests in all referenced sections (Sections 21, 26, 27, 28, 34 and 35). Please find enclosed a letter dated December 30, 2009 entitled "Notice of Mineral Interests owned by the Anadarko Entities and Kerr-McGee Oil & Gas Onshore LP and Objection" which we ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings and future applications that include the Property. Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to the • Anadarko entities and Kerr-McGee as follows: Brad Mueller • December 30, 2009 Page 2 Kerr-McGee Oil & Gas Onshore LP Anadarko Petroleum Corporation Attention: John Butera 1099 18th Street, Suite 1800 Denver, Colorado 80202 Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, Molly Buchanan • MSB Enclosure cc: Marla Jones, Esq. John Butera David Bell Don Ballard Roger Hollard/for the Applicant • MOLLY SOMMERVILLE BUCHANAN, P.C. alMolly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 December 30, 2009 Via E-Mail and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 918 10th Street 918 10th Street Greeley, Colorado 80631 Greeley, Colorado 80631 NOTICE OF MINERAL INTERESTS OWNED BY THE ANADARKO ENTITIES AND KERR-McGEE OIL & GAS ONSHORE LP AND OBJECTION Re: Todd Creek Village Metropolitan District Application for the Dry Creek Regional Urbanization Area Township 1 North, Range 67 West Sections 21, 26, 27, 28, 34 and 35 (portions) • Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land") and Anadarko E&P Company LP ("Anadarko E&P"), together the "Anadarko Entities," and also Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee") with respect to the application that has been filed with Weld County by Todd Creek Village Metropolitan District ("District") for the approval of an amendment to the Weld County Comprehensive Plan to create a Regional Urbanization Area for property described as all or portions of Sections 21, 26, 27, 28, 34 and 35, Township 1 North, Range 67 West ("Property") and also for subsequent applications for development that include the Property. The Anadarko Entities together own mineral interests in Sections 21, 27 and 35 and Kerr- McGee owns oil and gas leasehold interests in all the referenced sections (Sections 21, 26, 27, 28, 34 and 35). The Anadarko Entities and Kerr-McGee hereby give notice of the mineral interests and the oil and gas leasehold interests they own under the Property and note that the approval of a final application for development for the Property may significantly impact the prospective development of the mineral interests and the oil and gas interests they own under the Property. The Anadarko Entities object to the approval of a final application for development until • agreements have been reached among the Anadarko Entities, Kerr-McGee and the District. Members of the Board of County Commissioners and the Planning • Commission for Weld County December 30, 2009 Page 2 The following are comments in support of this Notice and Objection: 1. The Hard Rock Mineral Interests Owned by Anadarko Land Corp. Anadarko Land owns the coal that underlies the SE/4 of Section 21 and the NE/4 and SW/4 of Section 35 and also the hard rock minerals that underlie the N/2SW/4 of Section 21, all of Section 27, and the NW/4 and SE/4 of Section 35. Sections 21, 27 and 35 all contain Laramie Formation coal that averages generally between 5.6 and 5.9 feet thick in one or more seams at average depths of approximately between 545 and 636 feet. Laramie Formation coal typically has a high BTU value of between 8,900 and 9,800 BTU/lb and a low sulfur content of between .3 and .8 percent. Enclosed is a copy of the pertinent portion of the Colorado Coal Resources and Development Map that identifies the nature and extent of the coal resources that underlie the Property. 2. The Oil and Gas Interests Owned by Kerr-McGee and the Anadarko Entities. • Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the the N/2SW/4 of Section 21, all of Section 27, and the NW/4 and SE/4 of Section 35. Kerr- McGee has acquired oil and gas leasehold interests from the Anadarko Entities or their predecessors in Sections 27 and 35. K.P. Kaufmann Company, Inc. has acquired oil and gas leasehold interests from the Anadarko Entities in Sections 21 and 27, and Merit Energy Company has acquired oil and gas leasehold interests from the Anadarko Entities in Section 35. Kerr-McGee has oil and gas leasehold interests in all referenced sections and operates producing wells in Section 21 (2 wells), Section 27 (7 wells), Section 28 (4 wells), and Section 35 (7 wells). Colorado Oil and Gas Conservation Commission ("COGCC") reports reflect that there are twelve producing wells in Section 21, nine producing wells in Section 27, and seven producing wells in Section 35 where the Anadarko Entities own oil and gas interests. Current COGCC rules and regulations provide for five drilling windows in a quarter section where the Property is located, one in the center of each quarter quarter section and one in the center of the quarter section. • Members of the Board of County Commissioners and the Planning • Commission for Weld County December 30, 2009 Page 3 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." Further, C.R.S. § 24-65.5-101 et. seq. requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions on applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. 4. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to the Rights of the Other. • Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals,' and case law and Colorado statutes provide that each of the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each others rights. Union Pacific Railroad Company or another Union Pacific entity gave deeds for portions of Sections 21, 27 and 35 in which the Union Pacific entity reserved the minerals or coal. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded on April 14, 1971 in Book 644 at Reception No. 1565712. The District had record notice at the time it acquired its interests in the Property that the minerals for portions of the Property were severed from the surface estate and that it received less than the entire interest in the Property. 5. Qualifying Surface Developments. Legislation enacted in Colorado in 2007 provides that a local jurisdiction, as a condition of final approval of an application for development, is required to have the applicant certify either that: i) a surface use agreement covers the property; or ii) the applicant has provided access to the minerals and identified oil and gas operations areas and existing well site locations 'See Frankfort Oil Company v. Abrams, 413 P.2d 190 (Colo. 1966). Note also, Gerrity Oil & Gas Corporation v. Magness, 946 P.2d 913 (Colo. 1977),which discusses in a footnote on page 927 the principle that the • owners of both estates must exercise their rights in a manner consistent with one another. Members of the Board of County Commissioners and the Planning • Commission for Weld County December 30, 2009 Page 4 in accordance with C.R.S. 24-65.5-103.5 and made a deposit for directional drilling costs as described in the statute. The statutory requirement applies where, as here, a mineral estate owner has filed a timely objection with the local jurisdiction and the application is for a "qualifying surface development," defined in the statute generally to be one that covers at least one hundred sixty acres, more or less. 6. The Anadarko Entities and Kerr-McGee Have Entered into Many Agreements with Developers With Respect to the Development of the Mineral Interests at the Time the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko Entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko Entities and Kerr-McGee have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the oil and gas interests, and Anadarko Land has worked with developers with respect to the disposition of the coal and hard rock mineral interests. The Anadarko Entities wish to work with the District in the same manner that they have worked with other developers, and, toward that end, have initiated discussions with • representatives for the District. The Anadarko Entities and Kerr-McGee object to a final application for development in the absence of agreements among the Anadarko Entities, Kerr-McGee and the District. Very truly yours, Molly Buchanan MB cc: Marla Jones, Esq. John Butera David Bell Don Ballard Roger Hollard/ for the Applicant • • • C0LD O -GEOtOGCAL SERVEY - Map Series 9 adchrG - . - Sceho2 % di any 3S i - EXFLANA1TON Grni� o� - _ I : (ARTIE Vail LESS 1NRN.ist FT. 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