HomeMy WebLinkAbout20102246.tiff • •
PLANNED UNIT DEVELOPMENT(PUD) CHANGE OF ZONE APPLICATION
•
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number! L.f '7 5 - „? 6C - I - G' O - C
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or
included(Include all lots being in the application area.If additional space is required,attach an additional sheet)
Legal Description '!6 ,t-Z�L' r)p�/U/J , Section ,` ,Township ( North, Range/4-West
Property Address(If pp lcab e)
Existing Zone District: 4 Proposed Zone District: N 1 Total Acreage(�4/•�'/ Proposed#/Lots
Average Lot Size: r'frrt is Minimum Lot Size:l1?;Jt4t_- Proposed Subdivision Name:W J i tD y� �},�in f1H
Proposed Area(Acres)Open Space: •—tr
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: jidt 4-`1 tUI674i tV 4- L/`G r A *t r--1
Work Phone#4--3O-14 I / Home 9 e#7T'' < -*4) Email Address
Address:
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APPLICANT OR AUTHORIZED AGENT(See Below:authorization must accompany applications signed by Authorized Agent)
Name: JointiartYnern7 `-tt c'-if //�L��1'YshfC-f-
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Address: f' (?C 12/.-th 1) fly�dt- '1' (`DM
City/State/Zip Code P A Da, 7 O 4&Qt i-
UTILITIES: Water: VUWG•L-$ sit4ert_l!kYG Erg anityV �srk.
Sewer: /e jp I rkJA1 5E.tl rti $t-i- $ti r_eir5
Gas: 1142.nP/lr1 �7
Electric: 1. 1) IC� 'a-
Phone: 't Of%eir
DISTRICTS: School: 1A/ ID EC, J5
Fire: €. tVELD tVe Fi Lt on-r.i&Q•j(t5 Yi.itt-/
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
uest hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of
r)iffor the Bove scnb unincorporated area of Weld County,Colorado:
• / Si at h a. Owner uthorizrsrf lien /Date Signature: Owner or Authnrizerl Agent Date
f EXHIBIT _7-
2 2010-2246
• JCM DEVELOPMENT, LLC
8300 GARLAND DRIVE TELEPHONE (303)431-1921
ARVADA, CO 80005 FAX(303)463-9593
January 4, 2010
Mr. Chris Gathman
Weld County Planning Department
918 Tenth Street
Greeley, CO 80631
wigaard.wps
RE: Property located at 1935 Weld County Road 55, Keenesburg
Lot B, Recorded Exemption (RE-4833)
Specific Development Guide for Wigaard Smith Estates PUD Change of Zone
Property Owners: Sherry Wigaard and VeLois Smith
Dear Mr. Gathman:
Following is the first draft of the Development Guide for the referenced project.
Component One-Environmental Impacts
1. Noise and vibration. There are no uses proposed within this development that will generate any more
noise than those already associated with a rural single family development.
• 2. Smoke. dust and odors. There are no uses proposed within this development that will generate any
more smoke, dust or odors than those already associated with a rural single family development.
There will be a scheduled dust abatement program established for the streets within the development
and will be implemented by the Homeowners Association.
3. Heat. light and glare. There are no uses proposed within this development that will generate any
more heat, light or glare than those already associated with a rural single family development. Any
outside lighting will be required to utilize downcast type fixtures.
4. Visual/aesthetic impacts. New home construction will be required to use earthtone exterior colors and
an architectural review committee will be established to review building plans.
5. Electrical interference. There are no uses proposed within this development that will generate any
electrical interference other than those, if any, already associated with a rural single family
development. Electrical service will be extended into the development as per the local providers
requirements and specifications.
6. Water pollution. The lots within the development will utilize Individual Sewage Disposal Systems
(ISDS) for each developed lot. Each lot will be required to conduct percolation tests and each ISDS
will be installed to the individual recommendations of those test results. Developed surface runoff will
maintain historic drainage patterns and areas disturbed during construction activities will be seeded
and mulched with recommended native seed .
7. Wastewater disposal. The lots within the development will utilize Individual Sewage Disposal
Systems (ISDS)for each developed lot. Each lot will be required to conduct percolation tests and
each ISDS will be installed to the individual recommendations of those test results.
8. Wetland removal. No identified wetlands are present on the site.
9. Erosion and sedimentation. Appropriate erosion control and dust control measures will be
taken during the construction of the infrastructure within the subdivision. At the conclusion of the
construction, disturbed areas will be seeded and mulched as recommended. Any topsoil that is
removed from the construction area will be stockpiled and seeded as recommended. Reclamation
• and re-vegetation will be performed as recommended and with the appropriate seed mix and mulch.
• •
• Mr. Chris Gathman
Wigaard Smith Estates, Development Guide
January 4, 2010, Page 2
10. Excavating, filling and grading. Excavating and filling within the site is intended to be limited to the
internal street construction and emergency access. No grading is proposed within the individual lots
other than that associated with the construction of the individual homes.
11. Drilling Ditching and dredging. Outlot B is designated oil and gas drilling locations and an existing
gas well exists on this outlot. Appropriate fencing and safety measures will be provided by the
production company. There is no ditching or dredging proposed within this development.
12. Air pollution. There will be a scheduled dust abatement program established for the streets within the
development and will be implemented by the Homeowners Association.
13. Solid waste. The residents of the development will contract with individual waste haulers for solid
waste disposal.
14. Wildlife removal. Any species that is encountered within the development that requires relocation by
local or state laws will be relocated as per the regulations. None are present at this time.
15. Natural vegetation removal. The removal of vegetation within the development will be limited to those
areas related to the construction of infrastructure and the new homes. Revegetation will be as
recommended by Southeast Weld Soil Conservation Service.
16. Radiation/radioactive material. No radioactive material was identified within the site by Colorado
Engineering.
17. Drinking water source. Drinking water will be provided by the existing well within Tract A and will be
delivered to the new lots via a central water system. A water decree by the District Court, Water
Division No. 1, State of Colorado for the installation of a central water system and the use of the
existing well has been issued for the development.
18. Traffic impacts. Traffic impacts from eight new homes will be 80 trips per day. The impact on an
• overall basis is minimal.
Component Two-Service Provision Impacts
1. Schools. The development will pay fees-in-lieu of school land dedication.
2. Law enforcement. A project sign will be provided at the entrance to the subdivision or hard copy of
the final plat can be provided to the Sheriffs Office. The right-of way within the development will be
dedicated to the County. The roads will be gravel surface to the county specified width and thickness
and will be maintained by the Homeowners Association to provide for daily access as well as
emergency services.
3. Fire protection. Fire protection is provided by Southeast Weld County Fire Protection District. The
roads will be gravel surface to the county specified width and thickness and will be maintained by the
Homeowners Association to provide for daily access as well as emergency services.
4. Ambulance. The roads will be gravel surface to the county specified width and thickness and will be
maintained by the Homeowners Association to provide for daily access as well as emergency
services.
5. Transportation. Access to the site will be via a new county road constructed on the site which will
connect to Weld County Goad 55.
6. Traffic impact analysis. The Department of Public Works has waived the requirement for a traffic
impact analysis for this development.
7. Storm Drainage. A Storm Drainage Report and Plan are included for county review and comment.
8. Utility Provisions. Letters from United Power and Qwest are included stating the availability of power
and phone service. Gas service will be provided by a local propane service provider.
•
• •
Mr. Chris Gathman
• Wigaard Smith Estates, Development Guide
January 4, 2010, Page 3
Component Two -Service Provision Impacts (Continued)
9. Water provisions. Attached are the decree for water on the property and an operation and
maintenance agreement for the central water system. Water analysis and construction plans for the
central water system have been submitted to the State for review.
10. Sewage disposal provisions. The lots within the development will utilize Individual Sewage Disposal
Systems(ISDS)for each developed lot. Each lot will be required to conduct percolation tests and
each ISDS will be installed to the individual recommendations of those test results.
11. Structural road improvements plan. The internal streets will be constructed to the county road
standards for a local gravel road which will be a minimum width of 26 feet with a minimum depth of
4-inches of road base gravel.
Component Three-Landscaping Elements
1. There are no open space tracts or outlots proposed within the development that will be landscaped.
The lots will be estate sized lots with the smallest lot being 4.58 acres, thus allowing for ample open
areas within each lot and giving the development a rural feeling. Outlot B is being reserved for an
existing gas well. This outlot can be utilized by the owners within the development as an open area
for passive uses.
2. Any removal of vegetation within the development will be revegetatared as recommended by
Southeast Weld Soil Conservation Service. Maintenance of Outlot B will be provided by the
• homeowners association and will mainly consist of mowing the native grasses as required.
3. Outlots C and D are for the entry features and access and will be hard surface.
Component Four-Site Design
1. The site drains from east to west from WCR 55. It is proposed to grade the new road and emergency
access road to maintain historic drainage patterns across the site.
2. Conservation of a portion of the existing agricultural land is being accommodated within the
development with the larger lots being proposed.
3. By choosing to adhere to the land uses within the Estate Zone District the development is providing
for larger lots and less density within the development. All lot sizes, setbacks and architectural
elements will adhere to the Estate Zone District requirements and regulations. The larger lots also
provide a buffer with the existing agricultural uses adjacent to the development.
4. The subject property is not located within any known floodplain, geologic hazard area or airport
overlay district.
Component Five-Common Open Space
1. There is no common open space area proposed within the development. However, because the
proposed lots within the development are acreage lots with a minimum lot size of 4.58 acres, open
area within each lot will promote an open feeling within the development.
•
• Mr. Chris Gathman
Wigaard Smith Estates, Development Guide
January 4, 2010, Page 4
Component Six-Signage
1. A project identification sign is proposed for the development and will be located in Outlot C at the
entrance to the development from Weld County Road 55. The project identification sign will meet the
height and size requirements of Weld County.
Component Seven -MUD Impact
1. There is no established MUD area within the limits of the proposed development.
Component Eight-Intergovernmental Agreement Impacts
1. There is no established Intergovernmental Agreement within the limits of the proposed development.
Outlot Usage Tabulation
Outlot Use Ownership/Maintenance
A Central Water System Appurtenances and Distribution Home Owner's Association
and emergency access.
B Gas Well Production Facility Home Owner's Association
C & D Entry Sign, School Bus Shelter&Mail Kiosk Home Owner's Association
•
Sifferely:
/WS
/J. Cf, rd McKissack
/Agent'
Agent for the Owner
•
• •
• JCM DEVELOPMENT, LLC
8300 GARLAND DRIVE TELEPHONE (303)431-1921
ARVADA, CO 80005 FAX(303)463-9593
January 4, 2010
Mr. Chris Gathman
Weld County Planning Department
918 Tenth Street
Greeley, CO 80631
wigaard.wps
RE: Property located at 1935 Weld County Road 55, Keenesburg - PK-1150
Lot B, Recorded Exemption (RE-4833)
Property Owners: Sherry Wigaard and VeLois Smith
Dear Mr. Gathman:
This letter is to serve as an official request that the Weld County Board of County Commissioners consider that the
Final Plat for this property be done administratively.
Thank you for your time and consideration in this matter. Please let me know if you need any additional information or
have any questions.
Si /erely:• gai V/
J. C ord McKissick
Agent for the Owner
•
• •
• JCM DEVELOPMENT, LLC
8300 GARLAND DRIVE TELEPHONE(303)431-1921
ARVADA, CO 80005 FAX(303)463-9593
January 4, 2010
Mr. Chris Gathman
Weld County Planning Department
918 Tenth Street
Greeley, CO 80631
wigaard.wps
RE: Property located at 1935 Weld County Road 55, Keenesburg - PK-1150
Lot B, Recorded Exemption (RE-4833)
Summary of Comments and Concerns from Sketch Plan referrals
Property Owners: Sherry Wigaard and VeLois Smith
Dear Mr. Gathman:
Following is a summary of agencies that either responded or did not respond to the Sketch Plan referrals.
Colorado Geological Survey- Building foundations will meet recommendations by Colorado Engineering.
Proper drainage away from all structures will be provided with the construction of the homes. Percolation
tests will be performed on each individual lot as the homes are built. I believe that the questions for water
availability have been answered.
. Oil and Gas Companies.-We have met with Nobel Energy on future drilling operations in the area. Included
with this submittal is a Surface Use Agreement and the site plan shows Outlot B for the existing well site.
Weld County Public Works Department- Additional drainage information is included in the accompanying
Drainage Report. All drainage facilities will be owned and maintained by the Homeowners Association.
Internal street rights-of way are 60 feet and the cul-de-sac bulb is a 65 foot radius and are to be dedicated to
the county. The roads will be a gravel surface to the county specified width and thickness and will be
maintained by the Homeowners Association. A stop sign and street sign will be provided at WCR 55. Sight
distance triangles will be provided at the entrance. No landscaping is proposed at the entrance that would be
within the triangles. The owner will enter into an Improvements Agreement at the appropriate time as
required by the county. An emergency access will be provided within Tract A and out to WCR 55 at the
location of the existing southerly driveway. An easement will be provided by the owners across Lot A of the
Exemption Survey for this access. Construction drawings for the proposed improvements are included with
this submittal.
Colorado Division of Water Resources-A Water Supply Information Summary has been sent to Joanna
Williams at the Division of Water Sesources.
Weld County Sheriffs Office-A project sign will be provided at the entrance to the subdivision or hard copy
of the final plat can be provided to the Sheriffs Office. The right-of way within the development will be
dedicated to the County. The roads will be gravel surface to the county specified width and thickness and will
be maintained by the Homeowners Association to provide for daily access as well as emergency services.
Outlot B is reserved for an existing gas production well and appropriate fencing and safety measures will be
provided by the production company. A name for the street is shown on the plan for review and comment.
•
• Mr. Chris Gathman
Wigaard Smith Estates, Summary of Comments
January 4, 2010, Page 2
State of Colorado Department of Public Health: -Construction drawings and specifications for the central
water system have been sent to the Department of Public Health.
Weld County Dept. of Health - Construction drawings and specifications for the central water system have
been sent to the Department of Public Health. Building foundations will meet recommendations by Colorado
Engineering. Proper drainage away from all structures will be provided with the construction of the homes.
Weld County Planning Services Building Inspection -All of their comments are related to the individual
building permits for each lot and will be adhered to.
Weld County School District-The owner agrees to pay cash-in-lieu of land dedication for the required
amount per lot. Information received from Ed Meyer with the school district as to tuning radii for school
busses has been incorporated in the entry to the development from WCR 55. See attached letter from Ed
Meyer.
l�fs�3l
Agen f the Owner
•
• •
SURFACE USE AGREEMENT
•
THIS SURFACE USE AGREEMENT (the "Agreement") is made and entered into this
day of , 2009, by and between NOBLE ENERGY, INC. a Delaware
corporation, ("Noble"), 1625 Broadway Suite 2200, Denver, Colorado 80202 and SHERRY A.
WIGAARD, an individual dealing in her sole and separate property, ("Developer"), 1935
County Rd. 55, Keenesburg, CO 80643.
RECITALS
A. Developer is the owner of the surface estate in an approximate acre tract of
land being a part of the N/2NE/4 of Section 28, Township 1 North, Range 64 West of the
6th P.M., County of Weld, State of Colorado (the "Property") as shown on Exhibit "A"
attached hereto and made a part hereof.
B. The mineral estate in and under the Property is presently subject to valid and
subsisting oil and gas leases (the "Leases") which leasehold interest is owned of record
by Noble.
C. Noble's leasehold rights include, among other things, the right of ingress and
egress for the purposes of exploration, development, drilling, re-drilling, testing,
completion, re-completion, re-entry, deepening, fracturing, re-fracturing, stimulation,
reworking, production and maintenance operations associated with oil and gas wells and
• the associated pipelines and production facilities ("Oil and Gas Operations") located on
the Property.
D. Noble currently operates the Jodi 31-28 well and the associated flow lines and
production facilities on the Property. Noble also has rights to drill additional wells on the
Property (the "Well(s)") in accordance with Colorado Oil and Gas Conservation
Commission("COGCC") Rules and Regulations.
E. Developer desires to undertake development of the surface of the Property for
large lot residential development.
Noble and Developer enter into this Agreement to provide for the coexistence and joint
development of the surface estate and the oil and gas estate of the Property, and to
delineate the process with which the parties shall comply with respect to the development
of the two estates.
NOW, THEREFORE, in consideration of the covenants set forth herein and the mutual
benefits to be derived by the parties hereto, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties do hereby
agree as follows:
1. AREAS RESERVED FOR OIL AND GAS OPERATIONS.
1.1. Oil and Gas Operations. Noble shall have the right to undertake the Oil and Gas
• Operations of the Wells located on the Property. In order to provide for such, Developer shall,
and does hereby ratify and, to the extent necessary, grant to Noble an easement, to utilize the
areas depicted and/or described on Exhibit "A" as the "Oil and Gas Operations Areas" for
1
•
wellsites, and access roads for such operations. Oil and Gas Operations Area shall be deemed to
• include the area generally measuring four hundred feet by four hundred feet (400' x 400')
labeled Outlont E, area measuring two hundred feet by one hundtred feet (200' x 100') and
labeled Production Facilities Area, and the surface area of the thirty foot (30') wide working and
twenty foot(20')wide permanent access road or as modified on Exhibit"A".
1.2 Oil and Gas Operations Areas. The Oil and Gas Operations Areas shall be
reserved and utilized for the exclusive purpose of any and all Oil and Gas Operations by Noble.
1.3 Pipeline Easements. Noble shall have the right to construct, operate and maintain
pipelines on the Property. In order to provide for such, Developer shall, and does hereby ratify
and, to the extent necessary, grant to Noble a permanent easement measuring thirty feet (30') in
width and a construction easement measuring fifty feet(50') in width to utilize the areas depicted
and/or described on Exhibit"A"as"Pipeline Easements".
1.4 Production Facility Area. Noble shall have the unlimited right to locate,
relocate, build, repair and maintain oil tanks, separators, dehydrators, emissions burners,
compressors and other equipment necessary, appropriate or convenient for the operation and
production of the Wells within(the "Production Facility Areas") as described on Exhibit"A".
1.5 Limitation on Use of the Property. Except for the Oil and Gas Operations
Areas, Production Facility Areas, Pipeline Easements and Access Roads as provided in Section
6, Noble shall not use or occupy any part of the surface of the Property except in the event of an
emergency or for necessary incidental and temporary activities. As part of the consideration for
• this limitation by Noble, of what would otherwise be the right to make reasonable use of any part
of the Property in the conduct of their operations, and without limiting the applicability of
Sections 14 and 15 below,Noble shall not be obligated to pay, and Developer hereby waives any
right to receive, any further surface damage payments, license or use fees, now or in the future,
associated with the operations of Noble within the Oil and Gas Operation Areas, Production
Facility Areas, Pipeline Easements and Access Roads.
1.5.1 Developer shall place no property lines, buildings, structures or
improvements (including streets, sidewalks, curbs and gutters detention or retention ponds,
irrigation systems, sewage or drainage systems or pathways) of any kind within the Oil and Gas
Operations Areas or the Pipeline Easements except as shown on the attached Exhibit "A".
Without the prior written consent of Noble, Developer shall not alter or modify the existing
grade within the Oil and Gas Operations Areas or Pipeline Easements.
1.5.2 Developer shall place no permanent building, or structures intended for
human occupancy or improvements (excluding streets, sidewalks, curbs and gutters) within two
hundred feet (200') any tank or separator located in the Production Facility Area Without prior
written consent from Noble, Developer shall not construct or allow the construction of dwellings
or structures intended for human occupancy within sixty feet (60') on either side of the Pipeline
Easements except at those locations where the pipeline is to be sleeved. At the locations where
the pipeline is sleeved, without the prior written consent from Noble, Developer shall not
construct or allow the construction of dwellings or structures intended for human occupancy
within ten feet (10') on either side of the Pipeline Easements.
• 1.6 Waiver of Certain Requirements. Developer waives all setback requirements in
Colorado Oil and Gas Conservation Commission ("COGCC") Rule 603, or any successor rule or
2
amendment to the COGCC setback rules, and to any other state or local setback requirements or
• other requirements or regulations that are or become inconsistent with this Agreement or that
would prohibit or interfere with the rights of Noble to explore for and produce the oil and gas in
accordance with this Agreement. Developer understands that Noble may cite the waiver in this
Section 1.6 in order to obtain a location requirement exception or variance under COGCC rules
or from a local jurisdiction. Developer also agrees that it will not object in any forum to the use
by Noble of the surface of the Property consistent with this Agreement and that it will also
provide Noble with whatever support in writing they may reasonably require to obtain permits
from the COGCC or any local jurisdiction.
2. PIPELINES.
2.1 Construction of Pipeline. In the instance that a Pipeline is to be relocated due to
Developer's construction operations said Pipeline shall be relocated within the Pipeline
Easements shown on Exhibit"A". Developer shall complete the field staking for the installation
of the new Pipeline in the new alignment and their required depth as provided below after giving
written notice to Noble. The field staking will consist of a marker every thirty (30) feet, marking
the desired depth of the Pipeline. Casing sleeves, shall be installed under roadways, curbs,
gutters and sidewalks constructed with impermeable materials and as identified on Exhibit "A".
The sleeved segments of the Pipeline may have casing risers at one end of the sleeved segments.
Within sixty (60) days following the completion of the field staking, Noble shall complete
relocation of the Pipeline along the routes field staked by Developer on Exhibit "A". The
Relocation Costs to be calculated pursuant to Section 4 below are conditioned upon the Pipeline
• being installed to a depth sufficient to result in forty-eight (48) inches below the proposed
finished grade of the surface and a depth no greater than five (5) feet below the grade existing at
the time of installation. In the event the field staking requires Noble to install the Pipeline or
remove abandoned Pipeline at depths greater than five (5) feet, Developer shall be liable for any
such additional costs incurred by Noble plus a twenty percent (20%) overhead fee. In no event
shall Noble be required to install a Pipeline to a depth greater than ten (10) feet below existing
grade.
2.2 Removal of abandoned Pipeline. On the completion of construction of the new
Pipelines,Noble will remove those portions of the Pipelines that were abandoned.
2.3 Line Crossings. If Developer's surface development of the Property requires the
crossing of Noble's relocated Pipeline (within five (5) feet of a location that is not sleeved) by a
sewer line, water line or other utility, Developer shall notify Noble (a) of the date and time of the
line crossing (the "Commencement Time"), and (b) when the line crossing has been completed
(the "Completion Time"). If in response to Developer' notification, Noble suspends production
through the Pipeline, then Developer shall pay Noble for each calendar day or part thereof
between the Commencement Time and the Completion Time, the sum of$500.00 per well per
day. Such payments shall be the agreed amount to compensate Noble for its response and any
lost or delayed production, and shall be made to Noble within fifteen (15) days of receipt of an
invoice from Noble. Any such payments shall be in addition to the payment for lost and/or
delayed production contained in the Relocation Costs. Developer shall maintain a distance of a
• minimum two (2) feet above or below the Pipeline at any such crossings.
3
3. CONSTRUCTION COORDINATION. Upon commencement by Noble of the
• construction operations pursuant to Section 2 above, Developer shall cease those operations on
the Property that would be likely to interfere with Noble's obligations pursuant to this
Agreement. To the extent that Developer's operations delay Noble's operations or upon the
occurrence of an event of Force Majeure (as defined in Section 28), Noble will not be subject to
the performance time frames set forth in Section 2 . In the event Developer's operations delay or
interfere with Noble's operations to the extent that standby, shutdown or re-mobilization charges
are incurred by Noble, Developer shall be liable for and pay such additional charges within
fifteen (15)days of receipt of an invoice from Noble..
4. CONSTRUCTION, RELOCATION COSTS. Thirty (30) Days prior to the date
Developer desires Noble to relocate the Pipeline, Developer shall pay Noble the sum of Twenty
Five Thousand dollars ($25,000.00) as payment in full against the costs of the construction and
relocation operations described in Section 2 above, including land consulting fees and expenses,
and compensation for lost and/or delayed production. Such payment is referred to herein as the
"Relocation Costs". In the event Noble is precluded by the Developer from commencing
operations within Sixty (60) days of the execution date of the Agreement,Noble may recalculate
Relocation Costs and Developer shall be liable for and pay any such additional costs.
5. SURFACE RECLAMATION. Noble or succeeding oil and gas operators shall be
responsible for their respective costs of interim and final reclamation and surface restoration
related to such future operations to the extent required by the COGCC.
• 6. ACCESS.
6.1 During Developer's development of the surface of the Property and at all times
thereafter, Developer shall at all times provide Noble access to the Oil and Gas Operations Areas
and Pipeline Easements, though the location of that access may vary from time to time in
accordance with the needs and progress of such surface development. The initial twenty foot
(20') wide permanent and thirty foot (30') wide working access roads shall be located as
depicted on Exhibit"A"(the "Access Roads").
6.2 As Developer constructs improvements to accommodate Developer's
infrastructure design, Developer shall continue to provide Noble access to the Oil and Gas
Operations Areas and Pipeline Easements. Prior to the Developer's alteration of the Access
Roads, Developer shall install replacement access roads from the access points at locations and
routes described on Exhibit"A"using six inch (6")base course material to a width of twenty feet
(20').
7. PRODUCTION FACILITIES. Noble shall have the right to locate, relocate, build,
repair and maintain oil tanks, separators, dehydrators, compressors and other equipment
necessary, appropriate or convenient for the operation and production of the Wells, only within
the Production Facility Area designated for such purpose on Exhibit "A". With respect to the
Wells and production facilities of Noble, other than pipelines and access roads, Noble shall
install and maintain fences, gates and locks reasonably necessary for the security of the Wells
within the Oil and Gas Operations Areas and the production facilities in the Production Facility
• Area. Such fences, gates and locks shall be installed at the expense of Developer and maintained
at the expense of Noble and shall be of a type and quality customarily used for such purpose.
Such costs and expenses are not included in the Relocation Costs recited in Section 4 above.
4
8. NOTICE OF FUTURE OPERATIONS. Noble shall provide at least seven (7) days
• prior written notice to Developer in advance of any operations (other than the drilling of new
wells) within the Oil and Gas Operations Areas in connection with the reworking, fracturing,
deepening or other unusual or other than routine operations on the Wells; provided, however,
that Noble shall have immediate access in the event of an emergency.
9. NOTICE TO HOMEOWNERS AND BUILDERS. This Agreement shall serve as
notice to homeowners and builders that:
9.1 there will be ongoing Oil and Gas Operations in the Oil and Gas Operations
Areas, Production Facility Areas and Pipeline Easements;
9.2 Purchasers of all or a portion of the Property, as successors in interest to
Developer, will be acquiring a proportionate interest in Developer's rights and obligations under
this Agreement and will be subject to the waivers contained in this Agreement which, with
respect to operations within the Oil and Gas Operations Areas, Production Facility Ar-as and
Pipeline Easements subject to Section 1.5 above, shall constitute a waiver of the setback
requirements provided in Commission Rule 603.e.(6) or any successor or amended state setback
rule and also local setback requirements, among other obligations.
10. PRELIMINARY AND FINAL PLATS. The Final Plat prepared by the Developer as
part of the subdivision approval process for the Property shall include the Wells, Pipeline
Easements and Access Roads as depicted on the attached Exhibit "A". Within fifteen (15) days
of approval by the Weld County of a Final Plat, Developer shall record a copy of the Final Plat in
• the real property records of the County of Weld, Colorado.
11. CONSIDERATION FOR DIRECTIONAL DRILLING. This section has been
intentionally left blank, as there is no consideration for directional drilling.
12. FUTURE OPERATIONS. Noble shall make all reasonable efforts to pursue any Oil
and Gas Operations in a diligent manner so as to minimize the total time period on location and
to avoid rig relocations or startup delays during the course of drilling. Developer waives and
shall not assert any right to require that wellhead or production equipment be located in
conformance with setback requirements different from those agreed to in this Agreement
(including but not limited to those concerning any "high density" rules of the COGCC).
13. GOVERNMENTAL PROCEEDINGS.
13.1 Developer shall not, directly or indirectly, oppose or encourage opposition to
Noble in any agency, administrative or other governmental proceedings, including but not
limited to the COGCC, Weld County or other governing body proceedings, related to the
operations of Noble on the Property, including but not limited to drilling and production
activities, workovers, well deepenings, recompletions, fracturing, replacement wells and re-
fracturing, provided that the position of Noble in such proceedings is not materially inconsistent
with this Agreement.
13.2 Noble shall not directly or indirectly oppose or encourage opposition to
• Developer in any agency, administrative, or other governing body proceedings, relating to
Developer's operations on and development of the Property, including residential and associated
5
development, provided that Developer's position in such proceedings is not materially
• inconsistent with this Agreement.
14. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
14.1 NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR,
SPECIAL PUNITIVE OR EXEMPLARY DAMAGES TO ANY OTHER PARTY FOR
ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT.
14.2 Each party shall be and remain responsible for all liability for losses, claims,
damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including
without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein
referred to collectively as "Claims"), arising out of or connected with each such party's
ownership or operations, including each such parties' employees, agents, contractors, sub-
contractors or other invitees on the Property, no matter when asserted, subject to applicable
statutes of limitations. Each such party shall release, defend, indemnify and hold harmless
against all such Claims that arise from its negligence. This provision does not, and shall not be
construed to, create any rights in persons or entities not a party to this Agreement, nor does it
create any separate rights in parties to this Agreement other than the right to be indemnified for
Claims as provided herein.
15. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not
cover or include any amounts, which the indemnified party may recoup from any third party, or
that for which the indemnified party is reimbursed by any third party. The indemnities in this
• Agreement shall not relieve any party from any obligations to third parties.
16. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a
party for which another party would be liable under the provisions of Section 14 above, it is a
condition precedent to the indemnifying party's obligations hereunder that the indemnified party
give the indemnifying party written notice of such Claim setting forth all particulars of the
Claim, as known by the indemnified party, including a copy of the Claim (if it is a written
Claim). The indemnified party shall make a good faith effort to notify the indemnifying party
within thirty (30) days of receipt of a Claim and shall affect such notice in all events within such
time as will allow the indemnifying party to defend against such Claim.
17. REPRESENTATIONS. Each party represents that it has the full right and authority to
enter into this Agreement and Developer specifically confirms its capacity to validly execute the
rights of way and easements provided for herein. Noble represents that it owns the oil and gas
leasehold interest in the Leases as set forth in Recital B under the Property. Noble does not
represent and specifically asserts that they do not have the right to bind any other oil and gas
leasehold interest owner, mineral owner, lessee or assignee for the Property.
18. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and
shall inure to the benefit of the Parties and their respective heirs, devises, executors,
administrators, successors and assigns. This Agreement and all of the covenants herein shall be
covenants running with the land.
• 19. NOTICES. Any notice or other communication required or permitted under this
Agreement shall be sufficient if deposited in the U.S. Mail, postage prepaid, with a copy sent via
facsimile, addressed to each of the following:
6
• •
If to Noble Energy, Inc.:
• Noble Energy,Inc.
1625 Broadway, Suite 2200
Denver, Colorado 80202
Attention: Land Department
FAX (303)228-4285
If to Developer:
Sherry A. Wigaard
1935 County Rd. 55
Keenesburg, CO 80643
FAX (970)
20. RECORDING. Within fifteen (15) days of the Effective Date, Developer shall record a
copy of this Agreement in the real property records of the County of Weld, Colorado. Developer
shall provide Noble with a copy thereof showing the recording information as soon as practicable
thereafter.
21. SURFACE DAMAGES. In consideration of the parties' respective rights, obligations
and benefits, as outlined herein, this Agreement shall constitute a surface use or surface damage
agreement provided for under the COGCC's Rules and Regulations or under any oil and gas
leases covering the Property.
22. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado, without reference to its conflict of laws
provisions.
23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among
the Parties regarding the matters addressed herein, and supersedes any previous communications,
representations or agreement, whether oral or written. This Agreement shall not be amended,
except by written document signed by all parties.
24. HEADINGS. The section headings contained herein are for convenience in reference
and are not intended to define or limit the scope of any provision of this Agreement.
25. TIME OF ESSENCE. Time is of the essence in this Agreement.
26. NON-WAIVER Waiver by either party or of the failure of any party to insist upon the
strict performance of any provision of this Agreement shall not constitute a waiver of the right or
prevent any such party from requiring the strict performance of any provision in the future.
27. SEVERABILITY. Any covenant, condition or provision herein contained that is held to
be invalid by any court of competent jurisdiction shall be considered deleted from this
Agreement, but such deletion shall in no way affect any other covenant, condition or provision
herein contained so long as such deletion does not materially prejudice a party in its rights and
obligations contained in valid covenants, conditions or provisions. In the event that any part of
• this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the
term or period for which such part is in effect, the term or period for which such part of this
7
• •
Agreement shall be in effect shall be limited to the longest period allowable which does not
• cause such part to be unenforceable or in conflict with applicable laws.
28. FORCE MAJEURE In the event either party is rendered unable, by an event of Force
Majeure (defined below) to perform, wholly or in part, any obligation set forth in this Agreement,
other than the obligation to pay money, then the performance by the affected party will be
suspended during the continuance of such event of Force Majeure. The party experiencing an event
of Force Majeure will provide reasonable notice to the other party as soon as possible with all
reasonable dispatch. As used herein, the term "Force Majeure" shall mean any act of God, acts of
the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, severe weather, floods, washouts, arrests and restraints of the federal, state or
local government, civil disturbances, explosions, breakage or accidents to machinery or lines of
pipe,the binding order of any court or governmental authority which has been resisted in good faith
by all reasonable legal means, delay in securing environmental approvals, the inability to obtain
necessary supplies, material, equipment, machinery or labor and any other causes, whether of the
kind herein enumerated or otherwise not within the control of the party claiming suspension and
which by the exercise of due diligence such party is unable to prevent or overcome.
29. NO JOINT VENTURE. This Agreement is not intended to, nor shall it be interpreted to
create a joint venture, partnership or any other relationship among the parties.
30. EFFECTIVE DATE. This Agreement shall become effective (the "Effective Date")
upon the execution of this Agreement by all parties hereto.
31. COUNTERPARTS. This Agreement may be executed by facsimile and in any number
of counterparts, each of which shall be deemed an original instrument, but all of which together
shall constitute but one and the same instrument.
The parties have executed this Agreement as of the day and year first above written.
NOBLE ENERGY,INC.
By:
P. David Padgett
Attorney-In-Fact
SHERRY A. WIGAARD
By:
Sherry A. Wiggard
Surface Owner
•
8
ACKNOWLEDGMENTS
•
STATE OF COLORADO )
ss.
CITY & COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of
, 200_, by P. David Padgett, Attorney-In-Fact for Noble Energy,
Inc., a Delaware corporation, on behalf of that corporation.
Witness my hand and official seal.
Notary Public
My Commission expires:
STATE OF )
) ss.
COUNTY OF )
Before me the undersigned, a Notary Public, in and for said County and State, on this
day of , 200_, personally appeared Sherry A. Wigaard, as an
• individual, to me known to be the identical person who executed the within and foregoing
instrument and acknowledged to me that she executed the same as her free and voluntary act and
deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
SEAL
Notary Public
My commission expires: Address:
•
9
Weld County School District -3(J)/99 West Broadway/P O. Box 269/Keenesbur CO 80643
Tel. (303)536-2000/Fax:( 36-2010
WELD
0 3,1
March 20, 2009
Mr. Clifford McKissack
JCM Development, LLC
8300 Garland Drive
Arvada, CO 80005
RE: Wigaard/Smith Property located at 1935 WCR 55
Change Zone
• Dear Mr. McKissack:
We have looked at the layout for the referenced property. From what we can determine,
the proposed radii will meet our school bus turning radii requirements.
Thank you for consulting the District early in the planning process. If you have any
additional questions, regarding the District please feel free to give me a call at(303) 536-
2000.
Sincerely, g]2- 3-4-Edward J. Meier
Director of Business Services
0
e Weld County Treasurer
Account Parcel Number Receipt Date Effective DO Receipt Number
R1360002 147528100014 Feb 26,2009 Feb 25,2009 2009-02-26-07-17831
•
WIGAARD SHERRY
1935 CR 55
KEENESBURG,CO 80643
Situs Address Payor
1935 55 CR WELD WASHINGTON MUTUAL-ZCSTERLING 156,908
Legal Description
PT N2NE4 28-1-64 LOT B REC EXEMPT RE-2726(2.23R)SITUS. 1935 55 CR WELD
Property Code Actual Assessed Year Area Mill Lr
AG-DRY FARM LAND-4127 3,516 1,020 2008 2442 58.E
FARM/RANCH RESIDENCE-IMPS-4277 135,030 10,750 2008 2442 58.:
OTHER BLDGS.-AGRICULTURAL-4279 18,817 5,460 2008 2442 58.:
Payments Received
Direct Deposit Multi-Account Payment
Bank Account 1
Payments Applied
Year Charges Billed Prior Payments New Payments Bala
2008 Tax $1,005.31 $0.00 $502.65 $502
• Refund $0.00 $0.00 $0.01 ($0.
$502.66 $502
Thank you for your payment all payments subject to final bank clearance
•
"Weld County Treasurer •
Account Parcel Number Receipt Date Receipt Number
R1360002 147528100014 Jun 11, 2009 2009-06-11-batch-0212
•
WIGAARD SHERRY
1935 CR 55
KEENESBURG,CO 80643
Situs Address Payor
1935 55 CR WELD WASHINGTON MUTUAL
Legal Description
PT N2NE4 28-1-64 LOT B REC EXEMPT RE-2726 (2.23R) SITUS: 1935 55 CR WELD
Property Code Actual Assessed Year Area Mill Lev
AG-DRY FARM LAND-4127 3,516 1,020 2008 2442 58.34
FARM/RANCH RESIDENCE-IMPS-4277 135,030 10,750 2008 2442 58.34
HER BLDGS.-AGRICULTURAL-4279 18,817 5,460 2008 2442 58.34
ayments Received
Check Multi-Account Payment
Check Number WASHINGTON MUTUAL-ZC STERLING 156, 908
Payments Applied
Year Charges Billed Prior Payments New Payments Balanc
2008 Tax $1,005.31 $502.66 $502.65 $0.(
$502.65 $0.(
Thank you for your payment all payments subject to final bank clearance
•
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