HomeMy WebLinkAbout20082181.tiff July 10. 2008
• welSOU rY P180n/n
Mr. Theodore Schrage, Trustee Wes g N rtmnm
Schrage Living Trust JUL
23505 County Road 3 RE Cr.
4?008
R
Loveland, CO 80537-8218 • C��1
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Weld County Planning Commission D
c/o Ms. Michelle Martin
South Weld County Department of Planning
4209 CR 24-1/2
Longmont, Colorado 80504.
Dear Mr. Schrage and Members of the Planning Commission:
In the "Settlement Agreement and Mutual Release" ("Settlement Agreement") to which
Mr. Schrage agreed and signed, dated January 4, 2008, Part 3.2 required of us a written
confirmation concerning the Schrage PUD.
We hereby state that as long as the ditch easement(addressed in Part 2.3.2 of the
Settlement Agreement) across the site of the former Volney Chapman Reservoir
("Reservoir"), recently recorded by Weld County, has been appropriately prepared
establishing ownership for the Elmquist partnership, we withdraw any current opposition
• to the development of the proposed Schrage PUD and we no longer assert an ownership
in the Reservoir site other than the necessary easement for the continued operation,
maintenance, and improvement of our lateral ditch and its associated conveyances and
control devices, along with any and all underlying mineral interests beneath and
proportionate to the entire size of the former Reservoir site.
Sincerely,
Stanley (Y. Elmquist 7
for the Elmquist partnership
cc: R. Bruce Fickel II Lorraine Elmquist
P.O. Box S Gary Elmquist
Berthoud, CO 80513 Arthur Elmquist
Richard & Colleen vonBernuth
Brett Payton Marleen Swanson
Otis, Coan & Stewart, LLC
The Doyle Building
1812 56th Avenue, 2"d Floor
• Greeley, CO 80634 EXHIBIT
1
I . iot
2008-2181
• Weld County Planning Weld County Planning Department
Ms. Michelle Martin SOUTHWEST BUILDING
SW Weld Office JUL 15 7008
4209CR24.5 RECEIVED
Longmont CO 80504
Ms. Martin,
Magpie Operating, Inc.owns and operates production equipment on the Schrage property. This
includes two oil and gas wells, a tank battery, meter station and separation equipment. It is our concern
that the Schrage PUD doesn't adequately address the problems it poses for our continued operation.
We had originally agreed to cooperate in good faith,should there be no concerns with access. We
currently desire a written agreement describing the proposed new access and its effects as well as a
legal commitment. We also request a study of the proposed new access to by certified engineer to
determine absolute feasibility. Recent discussions with JL Consulting confirm these joint efforts. We
request the planning commission consider this agreement before final approval. Thank you for your
concern.
Sincerely,
Ryan Warner
Magpie Operating, Inc.
• EXHIBIT
111 3-
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