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Home My WebLink About20083053.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 0 7 0 j - o c/ - 3 - d o - 0 1 6 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www co.v; ld co us) (Include all lots being included in the application area, If additional space is required,attach an additional sheet) Legal Description Lot D 0 f KC 0705-- p5- 1lE- 3bir, Section 3 , Township 7 North, Range 6/ West Property Address(If Applicable) Well/ Lrullnty feel/ LV Existing Zone District : / Proposed Zone District: (1"I 5 Total Acreage: 57 31 Proposed #/Lots �7 t Average Lot Size: 6 57) Minimum Lot Size: �•1J Proposed Subdivision Name: r)ff e/(//7 frn ) 5Jlal1J Proposed Area (Acres) Open Space: /3 ' 17 Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNER(S)OF THE PROPERTY(If additionai space is required,attach an additional sheet) Name: Fd1'&1 1 . Po fud efts Work Phone# PD- 5-n-)3(10 Home Phone# Vii - I'M- e130 Email Address /Y/} Address: 2132 Cast Vine &rio,e City/State/Zip Code fat t 001116 , a 1f 0 iv/ • r APPLICANT OR AUTHORIZED AGENT(See Below:l Authorization must accompany applications signed by Authorized Agent)W Name: :relit, Co tick , P E. eh TEM E/pl?e-efi/18 WorkPhone# 170- ?31- T737 Home Phone# ]0'247/- 1'170 Email Address , et"!Cvii.47(t) Cooic j'/,/let Address: 3'11 t SA 0111/4 ["cu Drub' City/State/Zip Code fart Calluij a Your-luc • UTILITIES: Water: Aioftk1 red akely k/,1Pi Diit/jtI. Sewer Zadt✓rb udl 5uirt is, (©;01 iris Ns Gas: )(Lel frit Electric: NIA* Milky krI? Phone: 4 u/fsr DISTRICTS: School: I M'so( II��//O,la Chw,,Jy £17 Fire: Pau rf Ate HO ffi M Post: r-a,t fob lhts ' 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 area of Weld County, Colo ado: �. • 1-6/1 04 ;�,f AAtiY Maiu1- 9 7007 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date • EXHIBIT 2008-3053 II 5 • SERENITY VIEW ESTATES P.U.D. SPECIFIC DEVELOPMENT GUIDE February 2007 INTRODUCTION Serenity View Estates P.U.D. is a 59.38 acre parcel located along County Road 84. The proposed project is intended to create nine residential lots. The addition of nine larger lots creates minimal impacts on the existing road and utility infrastructure. COMPONENT ONE Environmental Impacts 1. Noise and Vibration Serenity View Estates P.U.D. will create nine residential lots. The lots will allow limited large animal activity and small ancillary buildings. Industrial or commercial activity will not be allowed. Noise and vibration impacts would be similar to other large lot subdivisions and will • have no impact to adjacent property. 2. Smoke, Dust and Odors Serenity View Estates P.U.D. will provide minimal impacts to adjacent property relating to smoke, dust and odors. Specifically, NO burning will be allowed to create a smoke hazard, Paved internal subdivision roads will minimize dust creation. Odors will not impact adjacent property. Solid waste disposal will insure household garbage is removed from the site. Covenants will require that animal areas be maintained on a regular basis. 3. Heat, Light, and Glare Heat, light and glare will not be generated from the Serenity Drew Estates P.U.D. Heat will not be vented from residential structures. Street lights will not be installed as to maintain a country "dark sky" environment Covenants will curtail lighting on structures. Glare will not be created from residential structures. 4. Visual/Aesthetic Impacts Serenity View Estates P.U.D. will create protective covenants which will minimize visual impacts created from nine residential structures. Covenants will govern building height, building materials, building color, and locations. • Houses will be strategically placed to create view corridors for both homeowners and adjacent property owners. Roadways will follow the existing terrain and house elevations will match the • terrain as well. 5. Electrical Interference There is no activity proposed by the Serenity View Estates P.U.D. which will create electrical disturbance. AD electrical improvements will be installed underground. Antennas, towers, and dishes will be controlled by covenants. 6. Water Pollution Serenity View Estates P.U.D. will improve both surface and ground water quality. The elimination of agricultural activity will reduce the chemical and sediment loads historically created by runoff from this area. Also, irrigation and stormwater runoff will be routed to a detention pond at the southerly edge of the site. The detention pond will function as a sediment pond further improving water quality on the site. Covenants will require maintenance of open areas. 7. Wastewater Disposal Wastewater created from the residential units will be treated via Individual Sewage Disposal Systems constructed on each site to be in compliance with Weld County Health Department Guidelines. Preliminary soil information completed for this project indicates that the soil • condition will permit the installation of typical Individual Sewage Disposal Systems. 8. Wetland Removal As a previously irrigated and cultivated agricultural parcel, there are no wetlands located on the site. 9. Erosion and Sedimentation Erosion and sedimentation caused by stormwater runoff or wind have historically been minimal from this site. The existing sparse grass and weed ground cover have provided an effective protection for the site. There is currently no evidence of erosion or sedimentation on the site. An erosion control plan and vegetative plan will be created to maintain these conditions. 10. Excavating, Filling and Grading Overlot grading for this development will not be required. The disruption of the existing site will be within the limits of the proposed Serenity View Way right-of-way. Once utilities are installed, roadways will be graded and stabilized to eliminate visual and erosion impacts. Streets will be graded to match the existing ground slope. • 11. Drilling, Ditching and Dredging • Drilling, ditching or dredging will not be required to complete this project 12. Air Pollution The creation of nine structures will increase vehicular traffic in the area by approximately 60 trips per day. Burning will not be allowed. Air pollution impacts, therefore, will be minimal. 13. Solid Waste Solid waste will be removed from the site by a commercial waste hauler. Individual homeowners will be responsible to contract for this service. 14. Wildlife Removal The property currently supports poor quality grass cover and contains no indigenous animal population. 15. Natural Vegetation Removal The natural vegetation currently located on the site is of poor quality. In the transition from its current vacant status to a development parcel, additional effort will be made to maintain the growth of the vegetation and establish a viable grass cover. Disruption of the site caused by • the development will be contained within the proposed Serenity View Way sixty foot right-of- way. Located within this right-of-way will be all transportation, water, gas, electric, communication and irrigation improvements. 16. Radiation/Radioactive Material The geological hazard report prepared for this project indicates that rock formations which typically could produce radioactive activity are not located in this area. Background radiation levels were found to be minimal in the area. 17. Drinking Water Sources A potable water system will be provided through the North Weld County Water District. Delivery of this water will be provided by the extension on a 16 inch water main from Weld County Road 15. An agreement has been prepared by the Water District. 18. Traffic Impacts Traffic Impacts created by the addition of nine residential structures will have insignificant impact on the existing transportation infrastructure. Serenity View Way will connect to the existing Weld County Road 84. • COMPONENT TWO • Service Provision Impacts 1. Schools Schools are provided by the Weld County School District RE-4 located in Windsor, Colorado, A turnaround at the subdivision entryway will be provided. Payment of an impact fee will be required for each lot. 2. Law Enforcement Law enforcement is to be provided by the Weld County Sheriffs Department. The Sheriffs Department is supportive of names, signage, school access, and postal access, but has indicated that they lack the resources to provide adequate services for additional growth in Weld County. 3. Fire Protection Fire Protection is provided by the Poudre Fire Authority. Fire hydrant;, roadways, emergency access, signage, and adequate fire flows have been provided as the District has requested. 4. Ambulance • Ambulance service will be provided by the Northern Colorado Ambulance Service. 5. Transportation The regional transportation system for this project is provided by County Road 15 and County Road 84. These roadways are twenty-five foot wide. County Road 15 is paved and County Road 84 has a granular surface. The interior subdivision roadway connects to County Road 84. Serenity View Way will be a gravel roadway which is thirty-two foot wide and is located within a sixty foot right-of-way. The middle twenty-four feet of this roadway will be paved. 6. Traffic Impact Study A Traffic Impact Study was not required for this project because of the minimal increase of traffic to the existing system. 7. Storm Drainage All stormwater runoff will be directed to a detention pond located at the south edge of the site. Historic discharge will be maintained from this site • 8. Utility Provisions • Electrical, telephone and water infrastructure is available for this subdivision. 9. Water Provisions Water service will be provided by the North Weld County Water District An sixteen inch water - main in Weld County Road 15 will provide both domestic and fire flows to Serenity View Estates P.U.D. 10. Sewage Disposal Provision All sewage disposal will be provided by Individual Sewage Disposal Systems (ISDS) for each lot. Percolation tests completed for this area indicates that these systems are appropriate for this development. 11. Structural Road Improvement Plan The proposed interior paved roadway will be constructed as per County Standards. COMPONENT THREE Landscape Elements • Landscaping for the Serenity View Estates P.U.D. will be provided on each lot by the individual property owners. COMPONENT FOUR Site Design 1. Unique Site Features The Cactus Hill Lateral traverses the easterly portion of the site. Weld County Road 84 is adjacent to the south property line. 2. Consistency with Goals and Policies of Chapter 22 This project is consistent will the goals and policies of Chapter 22. 3. PUD Zoning Compatibility The proposed use is being developed for residential parcels. This is consistent with the existing uses on adjacent parcels. • 4. PUD Zoning Compatibility with Adjacent Land Uses • The project will be adjacent to a similar residential uses along its north and south boundaries. The project will be adjacent with agricultural property along its east and west boundaries. 5. Hazard Areas This project is not within a Flood Hazard, Geologic Hazard or Airport Overlay District. COMPONENT FIVE Common Open Space Usage Common Open Space will be provided in the center of the project This open space will provide a central area for the proposed subdivision and preserve view corridors for the individual lots. COMPONENT SIX Signage Traffic control signs and street information signs will be installed at the intersection of County Road 84 and Serenity View Way. A subdivision identification sign will be installed in the entryway. • COMPONENT SEVEN MUD Impact This project is not within a MUD area. COMPONENT EIGHT Intergovernmental Agreements Impacts This project is not within an area governed by intergovernmental agreements. . AM Engineering 3468 Shallow Pond Drive Fort Collins, CO 80528 (970) 231-9937 • • February 21, 2007 Mr. Kim Ogle, Planner • Department of Planning Services 4209 Weld County Road 42.5 Longmont, CO 80504 RE: PZ-1131 Serenity View Estates P.U.D. Lot B of RE 3684, Section 5, T7N, R67W of the 6th P.M. Dear Mr. Ogle: Attached is a summary of issues which have been identified through the completion of the Sketch Plan for the above referenced project This information is provided as part of a change of zone submittal package for nine large residential lots on 59.38 acres owned by Robert Buderus. A summary of issues identified as part of the Sketch Plan review follows: 1. Water Service • The North Weld County Water District (NWCWD) has provided an agreement for water service for this project. This agreement has been approved by the Weld County Attorney's Office. NWCWD also has adequate capacity to serve this project 2. Sewage Disposal Sewage disposal is to be provided on each lot by Individual Sewage Disposal Systems (ISDS). The subdivision was designed to keep areas with shallow bedrock or groundwater in open space areas. Lots were increased in size to allow sufficient room for several ISDS locations. Lots along the east edge of the subdivision were lengthened to allow for additional setback from the Cactus Hill Lateral. 3. Cactus Hill Lateral Steve Smith, manager of the North Poudre Irrigation Company, which operates the Cactus Hill Lateral has provided a letter which addresses the concerns of the irrigation company. These issues have been addressed by the Change of Zone submittal information and involve: a. Creation of adequate easements for the ditch. b. Creation of adequate setbacks for the ditch. c. Modification of covenants to facilitate future irrigation of the property. • Mr. Kim Ogle, Planner Department of Planning Services February 21, 2007 Page Two • 4. Flag Pole Lot The flag pole lot (lot 9) shown on the Sketch Plan has been eliminated. The flag pole was eliminated by the extension of Serenity View Way. An emergency access between the end of Serenity View Way and Weld County Road 84 provides a secondary emergency access for the Fire District 5. Entryway Sign The entryway sign will conform to Weld County Code criteria. A median has been provided in the entryway to facilitate a subdivision entryway sign. This sign will be approximately 4' X 8' in size and be composed of wood or rock. 6. Code Compliance and Building Inspection Both Code Compliance and the Building Depai fluent had no issues with the proposed development. 7. Minerals A Surface Use Agreement (SUA) has been provided by Anadarko, the owner of the • minerals located with this property. A copy of this agreement is attached. The project will provide a drilling area to allow Anadarke access for future drilling activities. 8. School District The weld County School District RE-4 has provided a summary of these concerns. This letter was the result of a meeting between the property owner and the School District. The property owner has agreed to meet the issues identified by the School District. 9. Fees It is anticipated that this project will conform to Weld County fees schedules which apply to this type of activity. Please review this information at your earliest convenience and contact me at (970) 231-9937 if you need additional information. Sin re ouch, P.E T M Engineering • Report Date: 05/03/2007 01:59PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R2846704 ASSESSED TO: • BUDERUS ROBERT L 2932 E VINE DR FORT COLLINS, CO 80524 LEGAL DESCRIPTION: PT 5-7-67 LOT B REC EXEMPT RE-3684 (.76D) PARCEL: 070505300016 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 532.68 0.00 0.00 532.68 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/03/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 2411 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 111.23 AGRICULTURAL 22,836 6,620 SCHOOL DIST RE4 43.446 287.62 NCW WATER 1.000 6.62 TOTAL 22,836 6,620 NWC WATER 0.000 0.00 POUDRE VALL FIRE 9.301 61.57 AIMS JUNIOR COL 6.330 41.91 WINDSOR LIBRARY 3.584 23.73 TAXES FOR 2006 80.465* 532.68 * 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. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 970) 353-3845 ext. 3290 • 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 tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed Date 3— • • Draft #1 Surface Use Agreement dated March 23, 2007 . SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement") is effective this day of , 2007, by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities" and also individually or together as the "oil company' or "oil companies"), both with an address of Post Office Box 1330, Houston, Texas 77251-1330 and Robert Buderus, an individual ("Surface Owner"), with an address of Denver, Colorado 80 A. Surface Owner owns the surface estate for property located in Weld County, Colorado, generally in portions of the W/2SE/4 and the E/2SW/4 of Section 5, Township 7 North, Range 67 West, which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property." B. Surface Owner proposes to develop the surface estate for the Property for residential and other purposes. C. The Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, • gas and associated liquid hydrocarbons under the Property. D. Current Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter section, one in approximately the center of each quarter quarter section in a 400 foot by 400 foot window and one in the center of the quarter section in an 800 foot by 800 foot window. E. The parties enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they will comply with respect to the development of the two estates. F. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the Property which are the subject of a separate agreement between Anadarko Land and Surface Owner. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: • 1. Oil and Gas Operations Areas. • a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas wells on the Property only within the four locations identified on Exhibit 2 which are generally in the centers of the SE/4; SE/4; SW/4; and the SW/4. Such reserved locations on the Property are hereinafter referred to individually or collectively, as the case may be, as the"Oil and Gas Operations Area"or the"Oil and Gas Operations Areas." b. Operations and uses within the Oil and Gas Operations Areas include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning, and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities. c. The Oil and Gas Operations Areas shall include the areas that are generally in the shape of a circle with a radius of feet as reflected on Exhibit 2. d. The Anadarko Entities shall continue to have the right to drill one or more wells with attendant facilities within all Oil and Gas Operations Areas and to deepen, recomplete or twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that produce from and drain the Property or lands other than the Property. e. The Anadarko Entities shall also have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and production equipment and facilities within the Oil and Gas Operations Areas. • f. Surface Owner shall not plat surface property lines or install or construct fences, roadways, trees, bushes or any other permanent or temporary improvements within the Oil and Gas Operations Areas or the flowlines and pipeline easement areas provided for herein, and no temporary or permanent building, structure or other improvement shall be located by Surface Owner within the Oil and Gas Operations Areas or the flowlines and pipeline easement areas. The Oil and Gas Operations Areas and flowline and pipeline easement areas shall be for the exclusive use of oil and gas operations and production and for the location of oil and gas wells and associated oil field drilling and production equipment. 2. Directional Drilling Cost Reimbursement. In consideration of the agreement of the Anadarko Entities to restrict their surface use for the Property, Surface Owner agrees to compensate the Anadarko Entities in accordance with the terms included in a separate letter agreement dated the same day as this Agreement. 3. Production Facility Locations. a. The Anadarko Entities agree that they shall locate oil and gas drilling and production equipment and facilities, including tank batteries, only within the Oil and Gas Operations Areas and the locations identified on Exhibit 2 as Production Facility Locations, hereinafter referred to together or individually, as the case may be, as the "Production Facility Location" or the"Production Facility Locations." • 2 b. Each Production Facility Location shall include the area reflected on Exhibit 2. • c. The terms in section 1.f above shall also apply to the Production Facility Locations. 4. Access to Oil and Gas Operations Areas. a. Access to the Oil and Gas Operations Areas shall be at the locations identified on Exhibit 2 after such time as the particular access road has been constructed. b. Access may be changed by mutual agreement of Surface Owner and the appropriate oil company or oil companies; provided however, all costs and expense of such relocations shall be borne by the party that requests them. d. Surface Owner shall provide access to all Oil and Gas Operations Areas continuously and at all times both before and following the construction of the access roads identified on Exhibit 2. No party shall unreasonably interfere with the use by the other of an access road. e. Prior to the construction of the permanent paved roads within the Property, Surface Owner shall have no obligation to pave or maintain access routes that are used exclusively by the oil companies. At such time as Surface Owner constructs the roads within all or pertinent portions of the Property, Surface Owner shall keep the portions of access roads • jointly used by Surface Owner and the oil companies in good condition and repair until such roads are dedicated to a local jurisdiction; provided, however, if one of the oil companies causes damage to a portion of a road that is jointly used by the oil companies and Surface Owner and that was constructed to the specifications in section 3.f.(1), then the oil company shall promptly repair any damage that is a direct result of its use of the road. f. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the oil companies and Surface Owner shall be thirty (30) feet or more in width, and, when Surface Owner constructs surface roads on the Property, Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the oil companies shall be generally thirty (30) feet or more in width, and the oil companies shall install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. g. If Surface Owner proposes to construct roads that will cross over pipelines that are then installed on the Property, Surface Owner shall pay the applicable oil company the costs • to have the oil company sleeve the portions of the pipelines that are to be crossed by the roads, such payment to be made in advance of the work. Surface Owner shall not install the portion of • the road that crosses a pipeline until the pipeline has been sleeved. h. Surface Owner agrees that it will obtain and pay the costs to obtain from the local jurisdiction, permits for curb cuts as deemed necessary by the oil companies. Said curb cuts shall be forty (40) feet in width. 5. Pipelines, Flowlines and Pipeline Easements. a. Pipeline easements shall be at the locations identified on Exhibit 2. b. Locations of pipelines and such easements may be changed by mutual agreement of Surface Owner and the appropriate oil company or oil companies; provided, however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted up or down, based on actual costs, upon completion of the work and after an itemized statement is provided to Surface Owner. c. Pipeline easements shall be fifty (50) feet in width during construction activities and thirty (30) feet in width for all operations, maintenance and transportation activities. Flowline easements shall be thirty (30) feet in width for all operations • d. Except as provided in section 5.e. below, pipeline easements shall be for the exclusive use of oil and gas production operations; provided, however, the easements may be shared by the oil companies and their lessees, assignees of lessees and successors and assigns. e. Surface Owner shall have the right to cross pipeline easements with roadways and other utilities; provided that, such crossing is made at an angle of not less than 60 degrees and not more than 90 degrees. Surface Owner shall also have the right to install and maintain easements that are both adjacent to, and within, the easements identified herein, for utility lines, including those for water, gas, sewer, electric, telephone, cable, television, and fiber optic and other pipelines; provided, however; i) any new underground facilities that travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty (20) feet above the ground. Surface Owner agrees that, and will notify each utility company that, except in cases of emergency, the oil companies must be contacted at least ten business days prior to commencement of any trenching or digging activities within ten feet of their easement areas. f. Surface Owner shall grant the pipeline easements reflected on Exhibit 2 (for production from the Property and/or other lands) to the Anadarko Entities at the time the Anadarko Entities request them and at no cost to them. • 4 g. Surface Owner will provide the oil companies with at least fourteen (14) days advance written notice before it begins to pave current and future streets and access routes, as applicable, in order to allow the oil companies to lay new flowlines or pipelines that cross underneath the streets or access routes. If Surface Owner does not give the notice required herein, the oil companies may bore underneath the paved streets and access routes, such costs and expenses for the boring to be paid by Surface Owner. 6. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Areas, Production Facility Locations and all access routes and pipeline easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or permanent building, structure or other improvement related to the surface development shall be located, constructed or installed within the Oil and Gas Operations Areas, Production Facility Locations or pipeline easements. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Oil Companies of the recording. 7. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface damage payments and other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or prior agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Areas and for associated oil and gas equipment and facilities to be located within the Oil and Gas Operations Areas and the Production Facility Locations and for flowlines, access routes and pipeline easements. The Anadarko Entities or their lessees or their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction, • person or entity or court of law as evidence of this waiver. 8. Waiver of Setback Requirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements in COGCC Rule 603, or any successor rule or 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 the Anadarko Entities, or their successors and/or assigns, to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands that the Anadarko Entities may cite the waiver in this section 8 in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. 9. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in any forum to the use by the Anadarko Entities of the surface of the Property consistent with this Agreement and hereby waives any such right to object. Surface Owner further agrees that it will provide such other written approvals and waivers that are requested by the Anadarko Entities and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, 5 including any local ordinance and regulations of the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface • property line or for an exception location. Surface Owner waives any rights it has to require or request a surface inspection for wells proposed to be drilled on the Property for the purpose of requesting that conditions be attached to a permit to drill the well. Surface Owner further consents to the location of multiple wells within an Oil and Gas Operations Area that are greater or less than fifty feet apart so long as all such wells are located within the Oil and Gas Operations Area. b. Oil Companies Will Not Object. The Anadarko Entities agree that they will not object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or any portion of the Property to extent such request is consistent with this Agreement and the attached Exhibits. 10. Notices of Hearings. Surface Owner shall provide the Anadarko Entities with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held before a local jurisdiction. 11. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and purchasers which purchase all or any portion of the Property that is within 350 feet from an Oil and Gas Operations Area or a Production Facility Location or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Areas, Production Facility Locations and the flowlines and pipeline easements. In addition, Surface Owner shall • provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Areas, Production Facility Locations, pipelines and flowline easements and access routes; iii. there are likely to be additional wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Areas and/or the Production Facility Locations and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Anadarko Entities from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and v. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement • 6 within the Oil and Gas Operation Areas and Production Facility Locations; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and • gas operations on the Property consistent with this Agreement; c) waiving surface damage payments; d) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction; and e) granting the easements as described in this Agreement. 12. Notice of Oil and Gas Operations. The Anadarko Entities shall provide the - applicable owners of the surface estate with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. 13. Impact Mitigation. Surface Owner shall bear all costs to install such noise and visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil and Gas Operations Areas and the Production Facility Locations that are in excess of or in addition to those measures that are required by COGCC regulations for areas that are not high density; provided, however, the operator of the well within the particular Oil and Gas Operations Area or Production Facility Location shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 14. Compliance with Kerr-McGee's General Guidelines. Surface Owner acknowledges that it has received a copy of a document from the Anadarko Entities titled "General Guidelines for Design and Construction Activities On or Near Kerr-McGee Gathering LLC and Kerr-McGee Rocky Mountain Corporation Pipeline and Related Facilities" (Revision 3/01/2004) with which Surface Owner agrees to comply. • 15. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any oil company against any other oil company or to enlarge or diminish any right or interest created by any agreement or lease or assignment of lease between or among the oil companies. Nothing in this Agreement creates any leasehold rights or gives any mineral rights to an oil company where none exists. The liability of the oil companies to perform any obligation hereunder or to comply with any agreement included herein or with any state or local rule or regulation is individual and several and not joint or collective. This Agreement does not create a joint venture or partnership between or among the oil companies. The Anadarko entities shall in no event be liable for the acts or omissions of their lessees or farmoutees or the assignees or contractors and subcontractors of any of them. 16. Application to Oil and Gas Interests Owned by the Oil Company. This Agreement applies to the Anadarko Entities only to the extent that each entity owns oil and gas interests or oil and gas leasehold interests in the Property. 17. Authority to Execute Agreement. Each party represents that he/she/it has the full right and authority to enter into this Agreement with respect to the surface rights, oil and gas interests, or oil and gas leasehold interests he/she/it owns in the Property, as applicable. 18. No Waiver of Rights. The Anadarko Entities do not waive the rights they have pursuant to each of their respective oil and gas interests to explore for, drill and produce the oil • 7 and gas for the Property or for ingress and egress to the Oil and Gas Operations Areas and Production Facility Locations, except as specifically provided in this Agreement. • 19. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the subsequent lessees and assignees of lessees and the personal representatives, heirs, successors and assigns of the parties, and the benefits of this Agreement shall inure to all of them. This Agreement and all of the covenants in it shall be covenants running with the land. 20. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Oil Companies of the recording. 21. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without reference to its conflicts of laws provisions. 22. Construction. The parties have participated jointly in the negotiating and drafting of this Agreement. In the event ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including, without limitation. 23. Severability. If any part of this Agreement is found to be in conflict with • applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. 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 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. 24. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by: a) personal delivery; b) expedited delivery service with proof of delivery; c) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or d) prepaid telecopy or fax, the receipt of which shall he acknowledged, addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: do Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston, Texas 77380-9149 • 8 Surface Owner: Robert Buderus • Denver, Colorado 80 Any party may, by written notice as provided in this section, change the address of the individual to whom delivery of notices shall be made thereafter. 25. Incorporation by' Reference. Exhibits 1 and 2 are incorporated into this Agreement by this reference. 26. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 27 Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgments, but to be effective on the date first above written. • ANADARKO E&P COMPANY LP By: Name: Its: ANADARKO LAND CORP. By: Robert Buderus, an individual Name: Its: • 9 ACKNOWLEDGMENTS • STATE OF COLORADO ) ) ss. City and County of Denver ) The foregoing instrument was acknowledged before me this day of 2007 by , as for ANADARKO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: Notary Public • STATE OF COLORADO ) ) ss. City and County of Denver ) The foregoing instrument was acknowledged before me this day of 2007 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public • 10 STATE OF COLORADO ss. • COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by Robert Buderus, an individual. Witness my hand and official seal. My Commission expires: Notary Public • • 11 Exhibit 1 to • Surface Use Agreement effective , 2007 among Anadarko E&P Company LP, Anadarko Land Corp., and Robert Buderus, an individual Township 7 North, Range 67 West Section 5: W/2SE/4; E/2SW/4 Weld County, Colorado • • 1� 1111AGREEMENT CONCERNING CERTAIN MINERAL RIGHTS THIS AGREEMENT is effective this day of , 2007, between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of Post Office Box 1330, Houston, Texas 77251- 1330 and Robert Buderus, an individual ("Surface Owner"), with an address of , Denver, Colorado 80 A. Surface Owner owns the surface estate for property located in Weld County, Colorado, generally in portions of the W/2SE/4 and the E/2SW/4 of Section 5, Township 7 North, Range 67 West, which Surface Owner proposes to develop for residential and other uses and which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the "Property." B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and associated liquid hydrocarbons for the Property. C. The mineral resources exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property are hereinafter referred to as the "Minerals." D. This Agreement provides for the relinquishment by Anadarko Land to Surface Owner of the surface rights for the Minerals for the Property; it does not in any respect apply to the • oil, gas and associated liquid hydrocarbons for the Property that are owned by Anadarko Land and Anadarko E&P Company LP, an affiliate of Anadarko Land, that are the subject of a surface use agreement among the Anadarko entities and Surface Owner. NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: 1. Relinquishment and Quitclaim Document. a. Anadarko Land agrees to provide Surface Owner with a relinquishment document in which Anadarko Land relinquishes to Surface Owner the surface rights for the Minerals for the Property, generally in the form attached to this Agreement as Exhibit 2. b. Surface Owner shall pay Anadarko Land the amount of Five Thousand Dollars ($5000.00) for the relinquishment document for the sixty acres included in the Property. c. Surface Owner shall make the payment to Anadarko Land, and Anadarko Land shall provide the relinquishment document to Surface Owner within thirty (30) days from the date that a local jurisdiction approves a final plat for all or any portion of the Property. • 2. Default on Payment when Due. . If Surface Owner fails or refuses to make the payment described in section 1.b. within the time provided in section 1.c., the amount due shall bear interest from the date of default at the lesser rate of either twelve percent (12%) per annum or the maximum amount of non-usurious interest. Anadarko Land shall be entitled to collect all reasonable costs and expenses of collection and/or suit, including but not limited to, court costs and reasonable attorneys fees. 3. Recording of Memorandum of Agreement. A memorandum of this Agreement shall be recorded with the Clerk and Recorder of Weld County in the form attached to this Agreement as Exhibit 3. 4. Adjustment to Purchase Price. The amount of the purchase price for the relinquishment document provided for in section l.b. shall increase each year from the date of this Agreement in accordance with the Consumer Price Index so that the amount of the purchase price due after one year from the date of this Agreement shall be the amount of the purchase price plus an amount of money which reflects the sum of the percentage of increase in the Consumer Price Index to the date that Surface Owner makes the payment. 5. Application and Term of Agreement. This Agreement and the terms included in this Agreement are conditioned upon final plat • approval being given by a local jurisdiction for all or portions of the Property within three (3) years from the date of this Agreement; provided, however, this Agreement and its terms shall automatically apply to all of the Property when any portion of the Property is given final plat approval. 6. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the personal representatives, heirs, successors and assigns of the parties, and the benefits of this Agreement shall inure to their personal representatives, heirs, successors and assigns. This Agreement and all of the covenants in it shall be covenants running with the land. 7. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 8. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this • 2 Agreement shall be in full force and effect. 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 the 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. 9. Notices. Surface Owner shall provide thirty (30) days advance written notice of all hearings in local jurisdictions on applications for development as defined in C.R.S. §24-65.5-101 et. seq. Notices or communications required or permitted by this Agreement shall be given in writing either by: i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv)prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: To Anadarko Land: Anadarko Land Corp. c/o Anadarko Petroleum Corporation Attn: Don Ballard Post Office Box 1330 Houston, Texas 77251-1330 To all Surface Owners: Robert Buderus Denver, Colorado 80 • Notices shall be effective upon receipt and any party may change an address by notice to the other party. 10. Incorporation of Exhibits. Exhibits 1, 2 and 3 are incorporated into this Agreement by this reference. 11. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed as original, but all of which together shall constitute one and the same instrument. 12. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supercedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 3 • IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the date set forth in the acknowledgement, to be effective on the date first above written. ANADARKO LAND CORP. By: Name: Robert Buderus, an individual Its: • � 4 • ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of , 2007 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public • STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by Robert Buderus, an individual. Witness my hand and official seal. My Commission expires: Notary Public • Exhibit 1 to • Agreement Concerning Certain Mineral Rights effective , 2007 between Anadarko Land Corp. and Robert Buderus, an individual Legal Description Township 7 North, Range 67 West Section 5: W/2SE/4; E/2SW/4 Weld County, Colorado • • 6 Exhibit 2 • to Agreement Concerning Certain Mineral Rights effective , 2007 between Anadarko Land Corp. and Robert Buderus, an individual RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM is effective this day of , 2007, between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation, with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter "Anadarko Land") and Robert Buderus, an individual (hereinafter "GRANTEE"), with an address of , Colorado 80 . WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated October 25, 1906 recorded on November 3, 1906 in the Office of the Clerk and Recorder of Weld County in Book 233 at Page 58, Union Pacific Railroad Company conveyed to Burton D. Sanborn certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of, among other things, all oil, coal and other minerals within or underlying the lands described in the deed. 3. By quitclaim deed dated April 1, 1917 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644 at Reception No. 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry only for the minerals other than the oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the Subject Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as "Minerals." • 1 RELINQUISHMENT AND QUITCLAIM • NOW THEREFORE, Anadarko Land for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, his grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that Anadarko Land's title to the Minerals shall be in no way affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, his grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated October 25, 1906 referenced in Recital 2 and not heretofore relinquished shall continue in full force and • effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date first written above. ANADARKO LAND CORP. By: Name: Its: • 2 STATE OF TEXAS ) • ) ss. County of Montgomery The foregoing instrument was acknowledged before me this day of , 2007, by , as for ANADARKO LAND CORP. My Commission expires: Witness my hand and official seat Notary Public • • 3 EXHIBIT A to • Relinquishment and Quitclaim effective , 2007 between Anadarko Land Corp. and Robert Buderus, an individual Legal Description Township 7 North, Range 67 West Section 5: W/2SE/4; E/2SW/4 Weld County, Colorado • • 4 • A PARCEL OF LAND LOCATED IN EAST HALF OF SECTION 33, T2N, R88W OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 33 BEARS 389'51'32W,2844.30 FEET AND BEING THE BASIS FOR ALL BEARINGS CONTAINED HEREIN; THENCE N00'0727W, 3000 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 33,TO THE NORTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 14(NINTH STREET)AS DESCRIBED IN THE ORDER OF THE BOARD OF COUNTY COMMISSIONERS RECORDED JANUARY 16,1886 IN BOOK 48 AT PAGE 133 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER,BEING ALSO THE POINT OF BEGINNING' THENCE CONTINUING N00'07'2TW.260853 FEET ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 33,TO THE CENTER QUARTER CORNER OF SAID SECTION 33; THENCE CONTINUING N00-0727W,1842.72 FEET ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 33,TO THE APPROXIMATE CENTERLINE OF FULTON DITCH; THENCE SOUTHERLY ALONG SAID APPROXIMATE CENTERLINE OF FULTON DITCH THE FOLLOWING ELEVEN(11)COURSES: 1) 546'0725"E,161.55 FEET; 2) 526'34'05"E,237.68 FEET; 3) S17'0455"E..155.48 FEET; 4) 556'15'25"E,10988 FEET; 5) 574°00'07"E,122.26 FEET; 6) 545'23'07"E,173.34 FEET; 7) 515'59'13"E,92.72 FEET; • B) S09'12'24W.208.15 FEET; 9) 502'08'23"E,380.18 FEET; 10) S11'11'43"E,382.01 FEET; 11) 52990'23"E, 84.81 FEET TO A LINE WHICH IS 50.00 FEET NORTH OF AND PARALLEL TO THE SOUTH UNE OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE N89°59'33°E,1452.12 FEET ALONG SAID PARALLEL LINE,TO THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 31 AS CONVEYED BY THE WARRANTY DEED RECORDED MAY 23, 1980 IN BOOK 904 AT RECEPTION NUMBER 1825841 IN SAID WELD COUNTY RECORDS; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2)COURSES: 1) S11'08'18"E,1800.31 FEET TO A POINT OF CURVATURE, 2) 490.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 0724.43',A RADIUS OF 3789.72 FEET,AND A CHORD WHICH BEARS S0725'57-E, 489.90 FEET TO A NON-TANGENT COURSE BEING THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF LOT 1, MCPHERSON-CERETTO SUBDIVISION,A PLAT RECORDED SEPTEMBER 21,2004 AT RECEPTION NUMBER 32208731N SAID WELD COUNTY RECORDS; THENCE N89'41'1TW, 828.49 FEET ALONG SAID EASTERLY EXTENSION AND THE NORTHERLY LINE OF SAID LOT 1,AND THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 13,2004 AT RECEPTION NUMBER 3243249 IN SAID WELD COUNTY RECORDS TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE 500°08'24"E,41865 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO SAID NORTHERLY RIGHT-Of-WAY LINE OF WELD COUNTY ROAD 14(NINTH STREET); THENCE N89'41'17W,1748.38 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING' CONTAINS 159.625 ACRES,MORE OR LESS. • • Exhibit 3 to Agreement Concerning Certain Mineral Rights effective , 2007 between Anadarko Land Corp. and Robert Buderus, an individual MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is effective this day of , 2007, between and among ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of Post Office Box 1330, Houston, Texas 77251-1330 and Robert Buderus, an individual ("Surface Owner"), with an address of , Denver, Colorado 80 A. Surface Owner owns the surface estate for property located in Weld County, Colorado, generally in portions of the W/2SE/4 and the E/2SW/4 of Section 5, Township 7 North, Range 67 West, which Surface Owner proposes to develop for residential and other uses and which is more specifically described in the attached Exhibit A and referred to hereinafter as the "Property." B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and associated liquid hydrocarbons for the Property. • C. The minerals exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property are hereinafter referred to as the "Minerals." D. Anadarko Land and Surface Owner have entered into an agreement that provides for the sale by Anadarko Land to Surface Owner of certain surface rights associated with the Minerals for the Property that is entitled "Agreement Concerning Certain Mineral Rights" ("Agreement"). E. The oil, gas and associated liquid hydrocarbons that underlie the Property are not the subject of the Agreement; however, they are the subject of a surface use agreement among Anadarko Land, Anadarko E&P Company LP (an affiliate of Anadarko Land) and Surface Owner. F. The parties desire, through the execution and recording of this Memorandum, to reaffirm and give notice of the Agreement and the rights and interests created in the Agreement. NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in the Agreement and this Memorandum of Agreement, including in the recitals, the parties agree as follows: • 1 1. Anadarko Land has granted to Surface Owner the right to purchase a relinquishment document for the surface rights for the Minerals under the terms, provisions and • conditions set forth in the Agreement. 2. This Memorandum is not a complete summary of the Agreement and shall not be used in interpreting the provisions of the Agreement, nor in any way or manner does it amend, modify or affect the terms, provisions, conditions and exceptions of the Agreement, and the Agreement shall govern and control in all respects, the duties, obligations, covenants, warranties and agreements of the parties. 3. Exhibit A is incorporated into this Memorandum by this reference. 4. This Memorandum shall be recorded in the Office of the Clerk and Recorder of Weld County. 5. This Memorandum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date set forth in the acknowledgment, to be effective as of the date first above written. ANADARKO LAND CORP. • By: Name: Its: Robert Buderus, an individual • 2 ACKNOWLEDGMENTS • STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2007 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by Robert Buderus, an individual. Witness my hand and official seal. My Commission expires: Notary Public • 3 Exhibit A to Memorandum of Agreement effective , 2007 between Anadarko Land Corp. and Robert Buderus, an individual Legal Description Township 7 North, Range 67 West Section 5: W/2SE/4; E/2SW/4 Weld County, Colorado • • 4 Hello