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Home My WebLink About20083062.tiff A : MEMORANDUM • IIDc TO: Clerk to the Board DATE: September 23, 2008 COLORADO FROM: Kim Ogle, Planning Services �. SUBJECT: Request for Board of County Commissioners Hearing Date— Change of Zone, PZ-1131 Applicant: Robert Buderus A Public Hearing was conducted on September 5, 2007 to consider the request of Robert Buderus for a Change of Zone, PZ-1131, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for nine (9) residential lots with E (Estate) Zone uses, with 9.94 acres of open space referred as Tract 1 and Tract 2 and a five acre non- buildable outlot for oil and gas activities. On this date Planning staff, on behalf of the applicant and the applicant's representative, requested an indefinite continuance of the case to allow the appropriate parties to address concerns regarding property mineral rights. In mid September 2008, the Planning Department received via Transmittal signed documents indicating an executed Surface Use Agreement had been obtained between the property owner, Robert Buderus and Anadarko Land Corporation and Anadarko E&P Company LP for Serenity View Estates PUD. • With these documents in hand, the Department of Planning Services on behalf of Mr. Buderus and Mr. Couch, the applicant's representative, request a date on the Board of County Commissioners hearing docket for case number PZ-1131. EXHIBIT • 5 Piz 4/J3/ 2008-3062 Pt/9 /9 • TEAM Engineering 3468 Shallow Pond Drive Fort Collins, CO 80528 (970) 231-9937 Jeffcouch7@comcast.net TRANSMITTAL To: Kim Ogle From: Jeff Couch, P.E. Fax: Items: Surface Use Agreem Phone: (970) 353-6100 Ext.3540 Date: August 25, 2008 Re: Serenity View Estates P.U.D. cc: Doug Kindsfater Kim: Attached are the following documents relating to the Surface Use Agreement for Serenity View • Estates P.U.D. : 1.Correspondence dated July 31,2008. 2. Letter Agreement dated July 18,2008. 3.Surface Use Agreement dated July 18, 2008. 4. Agreement Concerning Certain Mineral Rights dated July 18, 2008. 5. Memorandum of Agreement dated July 18,2008. This information represents over one year of meeting and negotiations with Anadarko relating to drilling on this site. It is my understanding that the completion of an executed Surface Use Agreement was the only item we were missing prior to being scheduled before the Board of County Commissioners relating to our Change of Zone for this project. If this is also your understanding and if you feel these documents meet this requirement,we would like to proceed with the next step in the Change of Zone process. Roger Caruso was coordinating this project prior to his resignation and I am assuming that future efforts will be under your purview. Thanks for your help and please contact me at (970) 231-9937 if you have comments or concerns. • MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street. Suite 700 msb@msbuchananlaw.com Denver CO 80203 • Telephone: 303.825.0416 Fax: 303.825.3202 - --------- July 31. 2008 [ 4 - • Via US Mail Tim Hasler. Esq. Hasler Fonfara & Maxwell LLP 125 South Howes Street. 6`1 Floor Fort Collins. Colorado 80521 Re: Serenity Estates Township 7 North, Range 67 West Section 5: W/2SE/4; E/2SW/4 Weld County, Colorado Dear Tim: Enclosed please find original executed and notarized signature pages for Anadarko Land Corp. and Anadarko E&P Company LP for the Surface Use Agreement for Serenity Estates for your records and also signature pages for the Letter Agreement. The enclosed signature pages along with the original Surface Use Agreement and Letter Agreement I sent to you on July 16 will provide your client with fully executed original documents. I will record a fully executed original Agreement with the Clerk and Recorder for Weld Count} and provide you with a copy of the recorded original document. I have not received signature pages for the Agreement and Memorandum of Agreement for the hard rock minerals. As soon as I receive them, I will send you executed signature pages. Best regards. 7Yyy2y� Molly S. Buchanan Enclosures cc: Melissa Hencmann • • MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is effective this 18th day of July, 2008, 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 L. Buderus, an individual ("Surface Owner"), with an address of 2932 East Vine Drive, Fort Collins, Colorado 80524. 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 mineral resources 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. Surface Owner is required under certain circumstances 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 • 1 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, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates set forth in the acknowledgments, to be effective as of the date first above written. ANADARKO LAND CORP. By: ‘r Name: Clal ches Its: Vice President • Robert L. Buderus, an individual • 2 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, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates set forth in the acknowledgments, to be effective as of the date first above written. ANADARKO LAND CORP. By: Name: Clay Bretches Its: Vice President Robert L. Buderus, an individual i 2 ACKNOWLEDGMENTS III STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this i4 3 day of 4...y",,j, 2008 by Clay Bretches as Vice President for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: - 4/ao,Jv 0y y } Notary Pu bJi'c 4'4,--, PATSY L.HOLME5 M'Y COMMISSION EXPIRES • 1 iii' May 2.4,2010 11............aar...., J • STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2008 by Robert L. Buderus, an individual. Witness my hand and official seal. My Commission expires: Notary Public 0 3 ACKNOWLEDGMENTS • STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2008 by Clay Bretches as Vice President for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public • STATE OF COLORADO ) ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 25± day of , 2008 by Robert L. Buderus, an individual. Witness my hand and official seal. a� :. .... cond O ' O `+ N My Commission expires: / �� r. = i N.4 : P �J 2 '•••....... •' hSNVEI Notary Public • 3 Exhibit A to • Memorandum of Agreement effective July 18, 2008 between Anadarko Land Corp. and Robert L. Buderus, an individual Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of the S1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004, at Reception No. 3154844, County of Weld, State of Colorado. (Vacant land, no street address assigned) Consisting of 59.38 acres • • 4 ANADARKO E&P COMPANY LP 1099 18TH Street, Suite 1200 • Denver, Colorado 80202 July 18, 2008 Mr. Robert L. Buderus LETTER AGREEMENT 2932 East Vine Drive (Directional Costs) Fort Collins, Colorado 80524 RE: Serenity Estates Township 7 North, Range 67 West Section 5: E/2SW/4; W/2SE/4 Weld County, Colorado Dear Mr. Buderus: This letter agreement is dated this 18th day of July, 2008, and supplements the Surface Use Agreement ("SUA") among Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. (together the "Anadarko Entities") and you ("Surface Owner") dated the same date as this Letter Agreement. The purpose of the SUA is to set forth the terms pursuant to which the surface • estate owned by Surface Owner and the oil and gas estate owned by the Anadarko Entities can be compatibly developed for the property referenced above and more specifically described in Attachment A and hereinafter referred to as the "Property." The parties in the SUA identified future locations for oil and gas wells, associated oil and gas exploration and production equipment and access routes and pipeline easements. Surface Owner understands and acknowledges that the Anadarko Entities as part of the SUA have agreed to give up certain legal wellsite surface locations approved by the Colorado Oil and Gas Conservation Commission ("COGCC"), specifically the legal locations in the centers of the SW/4SE/4 and the SEl4SW/4, which are hereinafter referred to separately or together as a "Relinquished Location" or the "Relinquished Locations." Further, the Anadarko Entities, or their successors and assigns, may be required to incur additional costs to get approvals from the COGCC for certain wells to be drilled within the Oil and Gas Operations Area, among other such costs. In consideration of the agreements of the Anadarko Entities in the SUA, Surface Owner agrees as follows: I. Terms Used in the Surface Use Agreement. A term used in this Letter Agreement shall have the same meaning as the term is used in the SUA. • 2. Directional Drilling Payments for Relinquished Locations. Surface Owner shall • pay Anadarko E&P the amount of Fifty Thousand Dollars ($50,000.00) for each Relinquished Location, or the total amount of One Hundred Thousand Dollars ($100,000.00) for the two Relinquished Locations together ("Payment"), which represents an amount for directional drilling costs and other costs and expenses related to the directional drilling of wells that would otherwise be located in legal surface locations within the two Relinquished Locations. Payment shall be made to Anadarko E&P, in the form, and at the time specified herein in Section 3. 3. Cash Payment and Timing. The Payment shall be made in cash or by certified funds or cashier's check on the earlier date of: i) ten days from the date that a local jurisdiction approves a final plat or a final application for development for all or any portion of the Property; ii) ten days from the date of a sale, transfer or assignment of all or any portion of the Property, other than to an entity that is owned or controlled by Robert L. Buderus; or iii) September 30, 2008. 4. Directional Well Drilled Prior to Payment. For that period of time from the date the SUA and this Letter Agreement are executed by all of the parties up until the date that the Payment is made in full ("Interim Period"), Surface Owner shall pay Anadarko E&P an amount equivalent to the applicable directional drilling costs provided for in Section 2 within fifteen days from the date that Anadarko E&P notifies Surface Owner that it has completed the drilling of a well with a bottomhole location that is described herein as a location for which Anadarko E&P has relinquished its rights to drill, regardless of whether the well has been drilled as a producing well or a dry hole or otherwise. Surface • Owner may deduct amounts it has paid Anadarko E&P for directional drilling costs for the drilling of a well during the Interim Period from the amount of the Payment. 5. Compliance with Agreements. If, but only if, Surface Owner timely complies with the requirements of this Letter Agreement and the SUA and continues to so comply, then the Anadarko Entities hereby agree to confine their operations to the Oil and Gas Operations Area, Oil and Gas Production Area, pipeline easements and access route identified in the SUA. 6. Interest Payment upon. Default. Upon-the default of Surface Owner, 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 E&P shall be entitled to collect all reasonable costs and expenses of collection and/or suit, including, but not limited to, court costs, reasonable attorneys fees and expert witness fees. 7. Binding on Successors and Assigns. This Letter Agreement shall be binding upon the parties and their respective successors and assigns. • 8. Counterpart Execution. This Letter Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one • and the same instrument. Very truly yours, ANADARK,E&P COMPANY LP By: Name: Its: -in-Fact vl� rt ANADARKO LAND C By: Name: i; Its: i • _ AGREED TO AND ACCEPTED this day of , 2008 • Robert L. Buderus, an individual • 8. Counterpart Execution. This Letter Agreement may be executed in counterparts, • each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Very truly yours, ANADARKO E&P COMPANY LP By: Name: Its: ANADARKO LAND CORP. By: Name: Its: AGREED TO AND ACCEPTED this a s rA day of _TU I cd} , 2008 • Robert L. Buderus, an individual • Attachment A • to Letter Agreement dated July 18, 2008 among Anadarko E&P Company LP, Anadarko Land Corp. and Robert L. Buderus, an individual Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of the S1/2 of Section 5,Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004, at Reception No. 3154844, County of Weld, State of Colorado. (Vacant land, no street address ”signed) Consisting of 59.38 acres • • • AGREEMENT CONCERNING CERTAIN MINERAL RIGHTS THIS AGREEMENT is effective this 18th day of July, 2008, 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 L. Buderus, an individual ("Surface Owner"), with an address of 2932 East Vine Drive, Fort Collins, Colorado 80524. 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 of even date herewith 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. Except as otherwise provided in Sections 2 and 4 hereinafter, Surface Owner shall pay Anadarko Land the amount of Five Thousand Dollars ($5000.00) for the relinquishment document for 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 or other final • application for development for all or any portion of the Property, regardless of whether conditions are attached to the approval or when and whether Surface Owner may obtain a building permit or otherwise. • 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 to be paid by Surface Owner to Anadarko Land pursuant to Section 1.b. shall be hereinafter referred to as the "Base Amount." If, for any reason, the Base Amount has not been paid to Anadarko Land within one (1) year from the date of this Agreement, the total amount to be paid for the relinquishment document shall increase each year from the date of this Agreement in accordance with changes in the Consumer Price Index (Consumer Price Index--All Urban Consumers—All Items [CPI-U] for the Denver-Boulder greater areas [1982-84=100] so that the total amount due after one (1) year from the date of this Agreement shall be the Base Amount plus • an amount of money which reflects the total percentage increase in the Consumer Price Index from the date of this Agreement 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 or other final development approval being given by a local jurisdiction for all or any portion 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 or other final development 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. • 2 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 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 L. Buderus 2932 East Vine Drive Fort Collins, Colorado 80524 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, and all of which together shall constitute one and the same instrument. • 3 12. 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. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by duly authorized representatives on the dates set forth in the acknowledgements, to be effective on the date first above written. ANADARKO LAND CORP. By: Name: Clay r c es Robert L. Buderus, an individual Its: Vice President • • 4 12. 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. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by duly authorized representatives on the dates set forth in the acknowledgements, to be effective on the date first above written. ANADARKO LAND CORP. By: Name: Clay Bretches Robert L. Buderus, an individual Its: Vice President • • 4 • ACKNOWLEDGMENTS STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this ,,,A\ day of I ? , 2008 by Clay Bretches as Vice President for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public $"'err PATSYLHOLMES Y MY COMMISSION ExEpS �' +T° May 24,2010 IRES • STATE OF COLORADO ) ) ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this day of 2008, by Robert L. Buderus, an individual. Witness my hand and official seal. My Commission expires: Notary Public • 5 • • ACKNOWLEDGMENTS STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of , 2008 by Clay Bretches as Vice President for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) • ) ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 2-5/-1._ day of J,,, 2008, by Robert L. Buderus, an individual. Witness my hand and official seal. \\\\PNsoi��///// My Commission expires: 11 I / 0 / o AY %. Notary Public pvc5~ so p 6 O '11‘11 TE • 5 Exhibit 1 • to Agreement Concerning Certain Mineral Rights effective July 18, 2008 between Anadarko Land Corp. and Robert L. Buderus, an individual Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of the S1/2 of Section 5,Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004, at Reception No. 3154844, County of Weld, State of Colorado. (Vacant land, no street address assigned) Consisting of 59.38 acres • • 6 Exhibit 2 • to Agreement Concerning Certain Mineral Rights effective July 18, 2008 between Anadarko Land Corp. and Robert L. Buderus, an individual RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM is effective this day of , 2008, 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 L. Buderus, an individual (hereinafter "GRANTEE"), with an address of 2932 East Vine Drive, Fort Collins, Colorado 80524. 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 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 shalt 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 l • STATE OF TEXAS ) ss. County of Montgomery The foregoing instrument was acknowledged before me this day of , 2008, by , as for ANADARKO LAND CORP. My Commission expires: Witness my hand and official seal. Notary Public • • 3 EXHIBIT A • to Relinquishment and Quitclaim effective , 2008 between Anadarko Land Corp. and Robert L. Buderus, an individual Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of the S1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004, at Reception No. 3154844, County of Weld, State of Colorado. (Vacant land, no street address assigned) Consisting of 59.38 acres • • 4 • Exhibit 3 to Agreement Concerning Certain Mineral Rights effective July 18, 2008 between Anadarko Land Corp. and Robert L. Buderus, an individual MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is effective this day of , 2008, 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 L. Buderus, an individual ("Surface Owner"), with an address of 2932 East Vine Drive, Fort Collins, Colorado 80524. 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 mineral resources 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. Surface Owner is required under certain circumstances 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, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates set forth in the acknowledgments, to be effective as of the date first above written. ANADARKO LAND CORP. • By:Name: Its: Robert L. Buderus, an individual • 2 • ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2008 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public • STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2008 by Robert L. Buderus, an individual. Witness my hand and official seal. My Commission expires: Notary Public • 3 Exhibit A • to Memorandum of Agreement effective , 2008 between Anadarko Land Corp. and Robert L. Buderus, an individual Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of the S1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004, at Reception No. 3154844, County of Weld, State of Colorado. (Vacant land, no street address assigned) Consisting of 59.38 acres • 4 SURFACE USE AGREEMENT • THIS SURFACE USE AGREEMENT ("Agreement") is effective this 18th day of July, 2008, 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"), both with an address of 1099 18`h Street, Suite 1200, Denver, Colorado 80202 and Robert L. Buderus, an individual ("Surface Owner"), with an address of 2932 East Vine Drive, Fort Collins, Colorado 80524. A. Surface Owner owns the surface estate for property located in Weld County, Colorado, generally located 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. 4111 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 Area. a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas wells on the Property only within the location identified on Exhibit 2, generally along the one- • half section line partially located within the E/2SW/4 and the W/2SE/4, and referred to on Exhibit 2 and hereinafter as the "Oil and Gas Operations Area." • b. Operations and uses within the Oil and Gas Operations Area 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 Area shall include the area that is generally in the configuration reflected on Exhibit 2. d. The Anadarko Entities shall continue to have the right to drill one or more wells with attendant facilities within the Oil and Gas Operations Area 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 Area. 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 Area 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 Area or the flowlines and pipeline easement areas. The Oil and Gas Operations Area 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. Letter Agreement. Concurrently with the execution of this Agreement, the parties have executed a letter agreement which delineates the Surface Owner's obligations with respect to directional drilling ("Letter Agreement"). In consideration of the agreement of the Anadarko Entities to restrict their use of the surface estate for the Property as set forth in this Agreement, Surface Owner agrees to compensate the Anadarko E&P in accordance with the terms of the Letter Agreement. 3. Access to Oil and Gas Operations Area. a. The Anadarko Entities shall continue to have the right to access the Oil and Gas Operations Area; provided, however, access to the Oil and Gas Operations Area shall be at the location identified on Exhibit 2 after such time as the access road has been constructed. b. Access may be changed by mutual agreement of Surface Owner and the Anadarko Entities; provided however, all costs and expense of such relocation shall be borne by the party that requests it. • 2 c. Surface Owner shall provide access to the Oil and Gas Operations Area continuously and at all times both before and following the construction of the access road • identified on Exhibit 2, any such temporary access route to be at a location that is reasonably acceptable to the Anadarko Entities. No party shall unreasonably interfere with the use by the other of an access road. d. Prior to the construction of the permanent paved road within the Property, Surface Owner shall have no obligation to pave or maintain access routes that are used exclusively by the Anadarko Entities. After construction of such paved road, Surface Owner shall keep the portions of the access road jointly used by Surface Owner and the Anadarko Entities in good condition and repair until such time as the road is dedicated to a local jurisdiction; provided, however, if one of the Anadarko Entities causes damage to a portion of a road that is jointly used by the Anadarko Entities and Surface Owner and that was constructed to the specifications in Section 3.e.(1), then the Anadarko Entities shall promptly repair any damage that is a direct result of their use of the road. e. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Anadarko Entities 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 Anadarko Entities shall be generally thirty (30) feet or more in width, and the Anadarko Entities shall install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. f. 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. g. 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 Anadarko Entities. Said curb cuts shall be forty (40) feet in width. 4. 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 Anadarko Entities; provided, however, all costs and expenses of such • relocations shall be borne by the party which requests the relocation. In the event that Surface 3 Owner requests the relocation of a pipeline or Bowline, the Anadarko Entities shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall • thereafter promptly remit to the Anadarko Entities. 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 4.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 Anadarko Entities 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 Anadarko Entities 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 and in a form substantially similar to Exhibit 3. g. Surface Owner shall provide the Anadarko Entities with at least fourteen (14) days advance written notice before he begins to pave current and future streets and access routes, as applicable, in order to allow the Anadarko Entities the opportunity 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 Anadarko Entities may bore underneath the paved streets and access routes, such costs and expenses for the boring to be paid by Surface Owner. 5. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Area and all access routes and pipeline easements on his plats and in all applications for development he 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 • 4 Area 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 Anadarko Entities of the • recording. 6. 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 Area and for associated oil and gas equipment and facilities to be located within the Oil and Gas Operations Area 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. 7. 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 7 in order to obtain a location exception or variance under COGCC rules or from a local • jurisdiction. 8. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that he 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 he 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, 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 he 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 the 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 • 5 any portion of the Property to extent such request is consistent with this Agreement and the attached Exhibits. • 9. 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. 10. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and purchasers which purchase all or any portion of the Property from him that is within 350 feet from the Oil and Gas Operations Area or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Area 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 Area, pipelines and flowline easements and access routes; iii. there are likely to be wells drilled and oil and gas production facilities constructed and installed within the Oil and Gas Operations Area and 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 within the Oil and Gas Operations Area; 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; e) granting the easements as described in this Agreement.; and f) acknowledging compliance with laws, statutes and regulations as described in Section 17. 11. 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. • 6 12. Impact Mitigation. Surface Owner shall bear all costs to install such noise and visual impact mitigation measures he desires or the local jurisdiction requires at or around the • Oil and Gas Operations Area 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 Oil and Gas Operations Area 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. 13. Drilling and Completion Operations. The Anadarko Entities shall endeavor to diligently pursue drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations and to the allowable noise abatement rules of the COGCC for Residential areas found in COGCC Rule 802 c. Surface Owner expressly agrees that the noise abatement limitations set forth in COGCC Rule 802 c. for Light Industrial sites will apply to the Property and oil and gas operations thereon. 14. Compliance with Kerr-McGee's General Guidelines. Surface Owner acknowledges that he 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 Pipelines and Related Facilities" (Revision 3/01/2004) with which Surface Owner agrees to comply and which is attached hereto as Exhibit 4. 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 of them owns oil and gas interests in the Property. 17. Compliance with Common Law and Statutory and Regulatory Requirements. Surface Owner expressly acknowledges that this Agreement satisfies the obligations and requirements of the Anadarko Entities pursuant to COGCC rules and regulations and Colorado statutes to consult in good faith with Surface Owner regarding existing and proposed oil and gas operations on the Property. Surface Owner further expressly acknowledges that this Agreement shall be deemed to be specifically applicable to, and to fully satisfy, the obligations of the Anadarko Entities to accommodate the use of the surface of the Property by Surface Owner, • 7 existing and future, and Surface Owner waives any statutory and common law claims to the contrary, including, but not limited to, any claims pursuant to C.R.S. 34-60-127. • 18. 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 or oil and gas interests he/she/it owns in the Property, as applicable. 19. 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 and gas for the Property or for ingress and egress to the Oil and Gas Operations Area, except as specifically provided in this Agreement. 20. 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. 21. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Anadarko Entities of the recording. 22. 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. 23. 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. 24. 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. 25. 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 be acknowledged, addressed as follows: • 8 Anadarko E&P Anadarko E&P Company LP and Anadarko Land: c/o Anadarko Petroleum Corporation • 1099 18th Street, Suite 1200 Denver, Colorado 80202 Surface Owner: Robert L. Buderus 2932 East Vine Drive Fort Collins, Colorado 80524 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. 26. Incorporation by Reference. Exhibits 1, 2, 3 and 4 are incorporated into this Agreement by this reference. 27. 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. 28 Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original, and 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 date set forth in the acknowledgment, but to be effective on the date first above written. ANADARKO-E& COMP -VY LP By: Name: .9_ Its: : ANADARKO LAND C0)17 C By: Robert L. Buderus, an individual Name: Its:iv/pt • 9 Anadarko E&P Anadarko E&P Company LP and Anadarko Land: c/o Anadarko Petroleum Corporation • 1099 18`1 Street, Suite 1200 Denver, Colorado 80202 Surface Owner: Robert L. Buderus 2932 East Vine Drive Fort Collins, Colorado 80524 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. 26. Incorporation by Reference. Exhibits 1, 2, 3 and 4 are incorporated into this Agreement by this reference. 27. 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. 28 Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original, and 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 date set forth in the acknowledgment, but to be effective on the date first above written. ANADARKO E&P COMPANY LP By: Name: Its: / t( ANADARKO LAND CORP. 4641 '1 ' By: Robert L. Buderus, an individual Name: Its: • 9 ACKNOWLEDGMENTS • STATE OF COLORADO ) ss. City and County of Denver ) may} The foregoing instrument was acknowledged before me this /'1 day of 2008 by Joseph H. Lorery n , as Attorney-in-Fart or ANADARKO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: • • • • otary Public • •• 1 X1'1%9•••i°UB�-%O e �� OF COtOP Illy Commission Expires 9-27-2011 STATE OF COLORADO ) ) ss. City and County of Denver The foregoing instrument was acknowledged before me this cCiFth-day of 2008 by Joseph H _Lorenzo as Attorney-i for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: �io7ARY11/ 41'•, '� otary Public i • • • • t• • i • �il mka,•. a � ..00: �� yT., UgL,. P . �\`OF COt-OP- 10 My Commission Expires 9-27-2011 STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 25 YZ day of Jc,,/,, , 2008 by Robert L. Buderus, an individual. Witness my hand and official seal. My Commission expires: /I / t o /I o \\ Pa9 ........... �� K 17 (AO U. .O ._ Notary Public = — . o ' ?• o % .% .e� O� .. \\`* 19/8/llsT'A"\\\\\\x • • 11 Exhibit 1 • to Surface Use Agreement effective July 18, 2008 among Anadarko E&P Company LP, Anadarko Land Corp., and Robert L. Buderus, an individual Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of the S1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004, at Reception No. 3154844, County of Weld, State of Colorado. (Vacant land, no street address assigned) Consisting of 59.38 acres • • 12 Exhibit 2 to • Surface Use Agreement effective July 18, 2008 among Anadarko E&P Company LP, Anadarko Land Corp., and Robert L. Buderus, an individual See attached plat consisting of one page. • • 13 p B S t'' �.�., ,1 I`}' 12 . al SS; :I 1i01n%3 51/9 ONV 110 cc3 li '011'd S31V1S3 M31A AlIN3N36 e 5 a . k Eed 5. ' I.IE S°._ I SfIN3fJ119•'11L380N i W s s 0 • if in s — a C. o i & . 9 Z S e-y 9 9 3 R Q C 1 Y �, Li,ce e 6 E x: w 7 &g 9 5 22 3'2." \ 6 BT 35 5£ // .t1 C) // // SOB 2 ,frs // o.. R o f// a ILA I 4_^gip ¢ .AF t •// i" T Z 0 .7 . — t ?. 5 // _ 3 . S gr _ , / -\ 5oozrzst �( w yz a o , �5:2. RI oo©© - o F-- \\\, N 1111 ^ F3 ay 9 \^ m U IS tl \ \n Oa 1I 0d -crE5 \1; u \ \�„ 1 1 YE V A -- — p m G ,-R h V A\ �� _ -�__ 0 o !. , ---. \>\77C -- \ -1 Y -2 iN " / w sr _J=m-- /1 �I r Om IIL r------ I IrJ L_ t 6• rax mr I ~ �^ I 1 Y Y Y Y Y Y Y 4 Y Y W N—_— e 5< fi 7)©I©. a Wa LJ m J \ g w b nII //721 /2 // I �lr—___ I I' I L /t' /�/ E 11 r—_I I. // tn en. // 11 I r 8% rri s •r ,,,-7,-S. o< // /In x a �v �� //9 /r/2 3 § \ C' /4 // w r .� u a ' vv /�/ o< !I �� • i- �8, .,a // g 1c 9 a a UI z cZ .5\.�\ //, /i. m N m z - \ \ //:� 5 ,/I.: zeta - L — \ \ //5 P. //: aIw 5 O , A ssu 9,00 00.009 p F p a l a a r5 V oa pNm a LL a 4 a a • EXHIBIT 3 Attached to and made a part of that certain Surface Use Agreement among Anadarko Land Corp., Anadarko E&P Company LP and Robert L. Buderus, an individual, effective July 18,2008 • RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of , 2008, from , whose address is ("Grantor"), to KERR-McGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18'" Street, Denver, Colorado 80202 ("Grantee"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee, its successors and assigns, a non-perpetual right-of-way and non-exclusive easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee's election, one pipeline and all appurtenances, below and/or above ground, including but not limited to launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 7 NORTH, RANGE 67 WEST, bra PM Section 5:W/2SE/4; E/2SW/4 The specific route and course of the right-of-way and easement conveyed hereby ("Right-of-Way Lands") is more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the Right-of-Way Lands during construction shall be fifty feet (50'), and subsequent to construction shall be thirty feet(30'). Grantor represents and warrants to Grantee that Grantor is the sole owner in fee simple of the Right-of- Way Lands and has full right, power and authority to make this Grant. • Grantee shall lay all pipe at a depth of not less than 48 inches. Grantee shall repair and/or restore any fence on or adjacent to the Right-of-Way Lands removed or severed by Grantee in the course of the operations provided for in this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across the Right-of- Way Lands for any and all purposes necessary and incidental to exercising Grantee's rights hereunder, Grantor agrees not to build, create, construct or permit to be built, created or constructed, arty obstruction, building, reservoir, engineering works or other structures or improvements over, under, on or across the Right-of-Way Lands without prior written consent of Grantee, which consent shall not be unreasonably withheld. Other utilities may be placed in the Right-of-Way Lands parallel to Grantee's pipeline so long as the horizontal separation from the centerline of Grantee's pipeline is at least 10 feet (10'). Grantor retains the right to landscape over the Right-of-Way Lands with grass, shallow root shrubs and gravel paths. Grantee shall not be liable for damage to landscaping placed in the Right-of-Way Lands. Grantor shall have the right to cross the Right-of-Way Lands with roads, utilities and fences placed at substantially right angles. Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from Grantee's activities and operations on the Right-of-Way Lands; and, Grantor shall pay for, reimburse, indemnify and hold Grantee harmless from any and all claims or damages resulting from Grantor's activities on the Right-of-Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantors and Grantee. Grantee agrees to level and restore any lands that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction. • This Grant shall last as long as Grantee is using the pipeline to transport hydrocarbons. If there is a cessation in the transportation of hydrocarbons for twenty four (24) consecutive months or longer, in the absence of any cause not reasonably within Lessee's control, the pipeline will be deemed to be abandoned. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written. Grantor: Grantee: Kerr-McGee Gathering LLC, a Colorado . limited liability company By its Agent, Kerr-McGee Oil&Gas Onshore LP By: By: Jane Ann Byroad Agent and Attorney-in-Fact STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008 by Witness my hand and official Seal. My Commission Expires: Notary Public: • STATE OF TEXAS ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2008 by Witness my hand and official Seal. My Commission Expires: Notary Public: STATE OF TEXAS ) ss. CITY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2008, by Jane Ann • Byroad, as Agent and Attorney-in-Fact for Kerr-McGee Oil & Gas Onshore LP, a Delaware limited partnership, in its capacity as Manager of Kerr-McGee Gathering LLC, a Colorado limited liability company, on behalf of such company. Witness my hand and official Seal. My Commission Expires: Notary Public: Exhibit 4 to Surface Use Agreement • effective July 18, 2008 by and among Anadarko E&P Company LP, Anadarko Land Corp. and Robert L. Buderus, an individual See attached Guidelines consisting of 4 pages. • • 1 • General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities This list of design, construction and contractor requirements, including but not limited to the following, is for the design and installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing easements and amendments documents. This list of requirements is applicable for KMG facilities on easements and in road rights of ways only. Encroachments on fee property should be referred to the Land & ROW Department. Any reference to KMG in the below requirements is meant to include and apply to any Kerr McGee entity. Design • KMG shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction on KMG's ROW or near its facilities. This is to determine and resolve any location, grade or encroachment problems and allow for the protection of KMG's facilities and the general public. This prior notification is to be made before the actual work is to take place. • The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set of"as-built drawings"and submit to KMG, showing the facilities in the vicinity of KMG's ROW upon completion of the work. • Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions that affect facilities proposed to be placed on KMG's ROW must be approved by KMG in writing. • KMG shall approve the design of all permanent road crossings. • • Any repair to surface facilities following future pipeline maintenance or repair work by KMG on it's"prior rights" ROW will be at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline maintenance or repair work by KMG on replacement ROW granted to relocate KMG facilities will also be done at the expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by KMG. • The depth of cover over the KMG pipelines shall not be increased or reduced nor surface modified for drainage without KMG's written approval. • Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG. • Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG. • Irrigation equipment i.e. backflow prevent devices, meters, valves, valve boxes, etc. shall not be located on KMG easement without written approval by KMG. • Foreign utility installations, IE, distribution gas, oil and gas gathering, water, electric,telephone, cable and sewer lines, etc., may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen inches (18") of vertical clearance is maintained between KMG pipeline(s) and the foreign utility. Any installation by a foreign utility with less than 18" of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than 12"whether written or not. Constant line elevations must be maintained across KMG's entire ROW width, gravity drain lines are the only exception and must be approved in writing. Foreign line crossings below the KMG pipeline must be evaluated by KMG to ensure that a significant length of the KMG line is not exposed and unsupported during construction. Foreign line crossings above the KMG pipeline with less than 18" of clearance must be evaluated by KMG to ensure that additional support is not necessary to prevent settling on top of the KMG natural gas pipeline. A KMG representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the KMG facility. All installations of foreign crossings done by boring and or jacking require the KMG facility to be exposed to verify clearances. • • Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG. A minimum of 10.0 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is Page 1 of 4 Revision 3/01/2004 • 1111 • General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities placed within the KMG easement or adjacent to the KMG easement.Any deviation from the 10.0' horizontal requirement must be approved in writing by KMG and an "as built survey"provided to KMG after installation. • The foreign utility should be advised that KMG maintains cathodic protection on its pipelines and facilities. The foreign utility must coordinate their cathodic protection system with KMG's. At the request of KMG, foreign utilities shall install (or allow to be installed) cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMG. All costs associated with the correction of cathodic protection interference issues on KMG pipelines as a result of the foreign utility crossing shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service. • The developer shall understand that KMG whether specifically required per federal law, or by company standard, will mark the routing of it's underground facilities with aboveground pipeline markers and test leads and maintain those markers and test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be installed on straight sections of pipeline to insure, in the sole opinion of KMG,the safety of the public, contractor, KMG personnel and KMG facilities. • On all foreign utility crossings and/or encroachments, metallic foreign lines shall be coated with a suitable pipe coating for a distance of at least 10 feet on either side of the crossing. • AC Electrical lines must be installed in conduit and properly insulated. • On all foreign pipelines, DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline across the KMG ROW. • • No power poles, light standards, etc. shall be installed in the KMG easement without written approval by KMG. • KMG installs above ground appurtenances at various locations that are used in the operation of its facilities. Kerr McGee will install protective enclosures at the above ground appurtenances to protect them from outside damage. The design and placement of these above ground appurtenances and protective enclosures is done at KMG's sole discretion, and may exceed any regulatory requirements. Construction • If KMG will be relocating KMG facilities for any entity, grading in the new KMG ROW shall be +/- 6 inches before KMG will mobilize to complete the relocation. Final cover after the completion of the project will not be less than 48" nor more than 72". All cover that exceeds 72" or less than 48" will be approved in writing by KMG. Cover during all construction activities will NEVER be less than 36" unless approved in writing and a KMG representative is on site during the time cover is reduced. • The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final elevation of KMG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the relocated KMG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of the entity requesting relocation. • Contractors shall be advised of KMG's requirements and be contractually obligated to comply. • The continued integrity of KMG's pipelines and the safety of all individuals in the area of proposed work near KMG's facilities are of the utmost importance. Therefore, contractor must meet with KMG representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on-site representative will require discontinuation of any work that, in his or her opinion, endangers the operations or safety of personnel, pipelines or facilities. • • The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the lines. A KMG representative must be present. Page 2 of 4 Revision 3/01/2004 1- 1113 • General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities • The use of probing rods for pipeline locating shall be performed by KMG representatives only, to prevent unnecessary damage to the pipeline coating. A KMG representative shall do all line locating. • Notification shall be given to KMG at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of KMG's work site representative. Any Contractor schedule changes shall be provided to KMG immediately. • Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG. Haul roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing depth of cover over the pipeline must be verified. Cover will be added such that a total of 6' of fill exists over the pipeline and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment access. Steel plates may be used for load dissipation only if approved in writing by KMG. • Contractor shall comply with all precautionary measures required by KMG,at it's sole discretion to protect its pipelines. When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires. • Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMG's facility. At no time will cover be reduced to less than 36"without written approval by KMG and a KMG representative on site. • A KMG representative shall be on-site to monitor any construction activities within twenty-five (25)feet of a KMG pipeline or aboveground appurtenance. The contractor shall not work within this distance without a KMG representative being on site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities. • Ripping is only allowed when the position of the pipe is known and not within ten (10) feet of KMG facility. KMG personnel must be present. • Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on-site representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected material as approved by KMG's on-site representative and thoroughly compacted in 12" lifts to 95% of standard proctor dry density minimum or as approved by KMG.'s on-site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline. • No blasting shall be allowed within 1000 feet of KMG's facilities unless blasting notification is given to KMG Including complete Blasting Plan Data. A pre-blast meeting shall be conducted by the organization responsible for blasting. KMG shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as a result of their activities whether or not KMG representatives are present. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. A pre-blast meeting shall be conducted by the organization responsible for blasting. • • Any contact with any KMG facility, pipeline, valve set, etc. shall be reported immediately to KMG. If repairs to the pipe are necessary,they will be made and inspected before the section is re-coated and the line is back-filled. Page 3 of 4 Revision 3/01/2004 Pia • General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities KMG personnel shall install all test leads on KMG facilities. Local Kerr-McGee Gathering LLC Representation: Manager of Construction& Facilities Engineering: Kevin R. Osif, P.E. Phone: 303 655-4307 Facilities Engineer: Joseph E. Sanchez, P.E. Phone: 303 655-4319 Foreman 1: James Phillips Phone: 303 655-4343 Foreman 1: Rick Noffsinger Phone: 303-655-4326 Emergency Contacts: On call supervisor Phone: 303-559-4001 Kerr McGee 24 hour emergency number Phone: 303-659- 5922 One Call Emergency Phone: 800-922 -1987 • • Page 4 of 4 Revision 3/01/2004 Roger Caruso From: jeffcouch7@comcast.net Sent: Sunday, February 10, 2008 1:47 AM Doug Kindsfater; Tim Hasler; Terry Enright; bbuderus@bestwayconcrete.com c: Roger Caruso Subject: Status of Serenity View Estates P.U.D. Change of Zone Dear Participants: On Friday I received a phone call from Roger Caruso, our planner at Weld County, asking me about the status of the project. Because of the elapsed time to provide an agreement with the mineral holders of the property, he may consider killing the project and requiring us to resubmit when an agreement is available. I can not stress enough how this would not only result in the wasting of several thousand dollars, but also result in an unbelievable waste of time and energy. Bob, my advice is to find another attorney who will give this item some attention, or we may need to start over. I'm not sure where the disconnects have been; but at this point and after ten months, it makes no difference who isn't communicating with whom. Please advise. Jeff Couch • • 1 Roger Caruso From: Enright, Terry[Terry.Enright@anadarko.com] Sent: Sunday, February 10, 2008 2:16 PM IIPIjeffcouch7@comcast.net; Doug Kindsfater; Tim Hasler; bbuderus@bestwayconcrete.com c: Roger Caruso Subject: RE: Status of Serenity View Estates P.U.D. Change of Zone From KMG's perspective, we have a deal. If their changes to the our standard SUA form are minimal, we should be able to move forward. The financial terms should be the area that require some attention. Thanks From: jeffcouch7@comcast.net [mailto:jeffcouch7@comcast.net] Sent: Sunday, February 10, 2008 1:47 AM To: Doug Kindsfater; Tim Hasler; Enright, Terry; bbuderus@bestwayconcrete.com Cc: Roger Caruso Subject: Status of Serenity View Estates P.U.D. Change of Zone Dear Participants: On Friday I received a phone call from Roger Caruso, our planner at Weld County, asking me about the status of the project. Because of the elapsed time to provide an agreement with the mineral holders of the property, he may consider killing the project and requiring us to resubmit when an agreement is available. I can not stress enough how this would not only result in the wasting of several thousand dollars, but also result in an unbelievable waste of time and energy. 0nob, my advice is to find another attorney who will give this item some attention, or we y need to start over. I'm not sure where the disconnects have been; but at this point d after ten months, it makes no difference who isn't communicating with whom. Please advise. Jeff Couch Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 Roger Caruso From: jeffcouch7@comcast.net Sent: Monday, January 14, 2008 1:35 PM Tim Hasler c; Doug Kindsfater; Terry Enright; Roger Caruso Subject: Serenity View Estates P.U.D. Tim: What's the latest on our agreement with Anadarko? Any response from Molly? Jeff Couch • • 1 Roger Caruso From: Enright, Terry [Terry.Enright@anadarko.com] nt: Saturday, December 15, 2007 7:03 AM jeffcouch7@comcast.net; Tim Hasler c: Doug Kindsfater; Roger Caruso Subject: RE: Serenity View Estates P.U.D. - Mineral Agreement I have forwarded this to our counsel for review. From: jeffcouch7@comcast.net [mailto:jeffcouch7@comcast.net] Sent : Friday, December 14, 2007 12 :25 PM To: Tim Hasler Cc: Enright, Terry; Doug Kindsfater; Roger Caruso Subject: Serenity View Estates P.U.D. - Mineral Agreement Tim: I had a chance to get together with Doug Kindsfater on Thursday. It was his understanding that Bob Buderus was going to talk or meet with you on Monday to go over the questions you posed relating to the mineral agreement for Serenity View Estates P.U.D. It is also my understanding that Anadarko' s legal representative, Molly, is familiar with the payment method we are proposing and has language which would help in completing an agreement with Anadarko. If this is the case, then it is also my understanding that a draft agreement could be prepared in a short period of time. If this is not the case, would you let me know what needs to happen to get to this point. •anks ! ! Jeff Couch Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 Roger Caruso From: Enright, Terry[Terry.Enright@anadarko.com] ant: Thursday, November 01, 2007 10:00 AM jeffcouch7@comcast.net; Molly Buchanan ITC: Doug Kindsfater; Tim Hasler; Roger Caruso Subject: RE: Serenity View Estates P.U.D. - SUA I believe Molly has been waiting on comments from Mr. Hasler. From: jeffcouch7@comcast.net [mailto:jeffcouch7@comcast.net] Sent: Thursday, November 01, 2007 9:19 AM To: Enright, Terry Cc: Doug Kindsfater; Tim Hasler; Roger Caruso Subject: Serenity View Estates P.U.D. - SUA Terry: Any word on the status of agreements. Is there anything I need to be doing? Jeff Couch Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from 011 isclosure. If you have received this communication in error, please immediately notify nder by return e-mail and destroy the communication. Any disclosure, copying, istribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 Roger Caruso From: jeffcouch7@comcast.net ent: Tuesday, October 23, 2007 5:58 PM Enright, Terry IIIc: Tim Hasler; Doug Kindsfater; Roger Caruso Subject: Re: Serenity Estates Terry: Actually I was on the phone with Roger Caruso when we tried to set up a conference call at about 4 :05 P.M. this afternoon. I never said that we were at 99W. What I did forward to Mr. Caruso was that I had sent you an e-mail indicating that we were going to go with our original option and pay the directional drilling cost. That we were not having any luck getting this communicated through our attorney and we needed to work with Molly to modify the agreements to reflect this request. This was based on information you provided indicating that the directional drilling fee could be paid on a per lot basis and that there was existing language available through Molly. Let me summarize. It is the intent of the owner to proceed with the original layout for Serenity View Estates P.U.D. This layout is identical to the one reviewed by Weld County through the sketch plan process and is identical to the one submitted to Weld County for the Change of Zone process. This concept was approved by the Weld County Planning Commission in July of 2007. Weld County requires that the owner of Serenity View Estates P.U.D. has an agreement with anyone that has an interest in the mineral rights on this property. Before I can proceed to the Weld County Board of County Commissioners, I need to have some sort of agreement finalized which addresses the concerns of both parties and acknowledges that the parcel is being subdivided through a public process. I have been trying to get this agreement completed since May of this year. I assumed that Molly would provide a draft agreement to Tim Hasler and that conversations would take lace between attorneys which would produce an acceptable document for the property owner consider and hopefully sign. ease advise as to what I need to do to take us to the next step. Jeff Couch Original message From: "Enright, Terry" <Terry.Enright@anadarko.com> I got a call from the Weld County Planner checking on the status of the project. Jeff Couch said we were at 99%. Please advise. Thanks, Terry Terry D. Enright Anadarko Petroleum Corporation 1999 Broadway, Suite 3700 Denver, CO 80202 Direct - (720) 929-6469 NEW Cell - (970) 590-0729 Fax - (720) 929-7469 NEW e-mail- Terry.Enright@anadarko.com • 1 Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, IIpying, distribution or the taking of any action concerning the contents of this mmunication or any attachments by anyone other than the named recipient is strictly prohibited. • • 2 Weld Cr,!.,abJ Planning Department c,iaE.i_LEv OFFICE J. BRUCE DOUGLAS ASSOCIATES LLLP 7392 WELD COUNTY ROAD 84 d 2?firmFORT COLLINS CO 80524 V,WI 970-226-5415 970-206-9121 (FAX) November 7, 2008 Kim Ogle Planning& Development Department 918 10th Street Greeley CO 80631 RE: Case# P2-1131 Serenity View Estates Dear Mr. Kim Ogle, I'm writing regarding a request for a change of zone from agriculture to P.U.D. My farm is south of this area bordering on the south side of Weld County Road 84 starting at Weld County Road 15 and going east for essentially the entire length of the proposed P.U.D. I recognize some development is inevitable and accept this. But, along with • development, I feel the owner should be a good steward of his land. This has not been the case with the owner of the proposed Serenity View Estates, Robert Buderus. For the past two summers, the owner has allowed the property to be overgrown with weeds, primarily kosha which turns into tumbleweeds. The owner has made no effort to control this until mid October of this year. By then,the tumbleweed has collected in my irrigation ditches, on my fences, and along my tree rows. I have cleaned and burned this invasion of tumbleweed numerous times. However, the source is virtually inexhaustible. Enclosed you will see pictures of the fence three days after the weeds were cleaned out. These weeds lead to fence hot wire shorts with the potential fire hazards to my buildings. As you review this request, I would urge you to require weed control as a part of any agriculture or P.U.D. request. Obviously,the existing owners have no concern for their neighbors. If this P.U.D. is approved, how many home owners of 6 or 7 acres will have the equipment or interest in controlling their mini-estates without some legal requirement. From recent past experiences, it will take two of us most of the day to clean this mess. I would like to believe that I'm a good steward of my land and invite you to come by for a look. Having brought this to your attention, I would hope you could help me in maintaining a quality farm. Yours truly, f' ,3'16# 6 �c�ucF J Bruce Dougis Enclosures • c.c. Kevin Martin EXHIBIT P?*1131 'i . . . . ...• - 4 v I +• -4. .t�� „-..7-•-•.;;;:. Wiz. r :'rs•e1. i .. .. ,+ __`+iF�. '�Y • • r �'r.« t9, Y ' ' r aba. M •. .�/ .. ♦ ; ^a� '- rtS.wt ►~"`F �-; _' �. . -' .. r >v _� 'i, .vn1,r Ii. ♦ . 1'k +�` . .M r . f e • ♦ t• • • 1 .h • _ -s• .� 1-4•4- kr ) ,Ill. ,l 1 • • '+ - i . :• F A y VIA 14•'J :- 1*" V.-�M -• i♦�• , • o-�O ••1 - I '• t� i. a •N . -, � .4 ' L 'f. v'yV 3aS� }• 0. Y.•lv^ 1 i yG f y •.4 or ;(_' DSCN0136.JPG DSCNO137.JPG DSCN0138.JPG �_'- r . �, _ _ Ia ` `ittlibit1- • • • —t . • a C_ i DSCN0139.JPG DSCNO140.JPG DSCNO141 .JPG 1 . notae, IP ••••&•4'; _ - - . I _ _r. I , 1 i • . .1 •{ i - _.. e. • .1 IHNee•— ......_ • ii • • - • - - ....a-77.--� - � am.,� .. , ; ..'? r• , .y1if. '.1 -}, �.•_.r. • _ . - - - - •.-4144. .. . DSCN0142.JPG DSCNO143.JPG DSCNO144.JPG IA. .. _ _ ...... @ , . �r - _ .. • . = • a Mr • I._ • •. V DSCNO145.JPG DSCN0146.JPG DSCNO147.JPG t t TO i' i.M40 it IMI •I riY r . :IqI: d I 1 I I� .1 t NI • — s �: I- t . i • lanims.• s- • • „� ----a _tom`.I raaa • DSCN0148.JPG DSCN0149.JPG DSCN0150.JPG 0 • 1 • F , . �.. _ ='M�-in -I.,- . .-,. le Pt y . 7 imioner I.1 I It:S wr- ". _may; erfritiellia ' ' • • 0 - • sir • f � d I . I The - - • II• I - _ . raw it' ..-..' - . !ear ,et WM • • BOARD OF COUNTY COMMISSIONERS' SIGN POSTING I• CERTIFICATE THE LAST DAY TO POST THE SIGN IS NOVEMBER 4, 2008 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR A CHANGE OF ZONE FROM (A) AGRICULTURAL TO P.U.D. FOR NINE (9) LOTS WITH (E) ESTATE ZONE USES; 2-NON-RESIDENTIAL OUTLOTS AND 9.94 ACRES OF OPEN SPACE (SERENITY VIEW ESTATES) KIM OGLE Nam o \erson Posting Sign • Signatu f Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 1{�J(�-(/ �..ww , n�I JI The foregoing instrument was subsc; •:��c��v:'�,`o me this day of N� ^" 2008. WITNESS my hand and offiy7 !.. ^^ •.. E`s,h� I $ rev / f' ,OTA,TA- i fii. .• •.- � i . ? Notary Publi — yN2>..ye O�O. ' r My Commission Expires: IiC %/33e. 6 t fit+ w t r r •' If y�. �i 1_$ vC}"' vS { { .'t J 3 • < •• .: as r w'""t #:�'�. +glke.P , .. " . ."r Il Pub ry,F � g P?} 7 t °.* f 'E.^tt t .,, ,, x-,i4i,t tt I' a 1 , bII(("" t �y'�ko -jF 6ar 4- „ �fi^:z` � s#`/L5` fit. -k a•tr_3`.. 4 TMlS PRO ["� �ry�+y�•�+ •c . 2 e I ,g.�, "# e�t �; td,�N+l�ggi Y� Z.1..............--1.44.41.....................1.......n• r',y i�t �n�€r9 � y# M� +t ©1111111) # a #h y:� % 1( €€1 t'y t8 dT' 't ; 'k es d' at } 'k T Y,-,;(4,...4^. � A.�M° '.`' 7t tom. t i X15•Ten 'CIS:,r, ,� k 't'w Jutc,� . ,-, �g5F, ont = � t41.1/20 4 lik'S it tS irpy3iygy L• s t l . , t if �t k ... F , - n s �y} r �� t.` , d.�'�6# �n t3�' xX q 'C}§ iy t {yv mPPildat}t: ''�11' ±,� '+°xr `°..gym: t,,.e,;: '...c , 'rs,, �' $ri r +`,r"+°'"°.t.�. r{ v• 1}ikt' µ 4�'i, t 3?tty,�t.tray. wy + r ri Request: r..i.�Y."/..�t S J 'vpr. " y 'y., a ` " Oki... i rt"?I S. q '•�. � M • ab 4 W w' fi• =1 t , ,.;: • .,,, µ A. £'j< +'°R+y'' yr} # iT.` .,,. m • -' t. # C M + to z . "."i Ti 5 .. � � .:.#7‘,.,;::;•• -, d 44 .>y^, n� 54'hx 7#'�".9'.' 5 t' 1*C X. ' y :s'"tT �`tH ..r 1. tit „liyn c At ti:• • a T Cse 'Number: <k�� y , FQR FURTHER INF � � yf7nir � w 'x t t v `� . . a " ..� s� V V .x.-^t:, n1,._ .,_,.... ✓.. .,:L... t 'in . ,y jr . tvr Page 1 of 1 Jennifer VanEgdom • From: Don Dunker Sent: Wednesday, November 19, 2008 4:19 PM To: Jennifer VanEgdom Cc: David Bauer; Kim Ogle; Don Dunker Subject: PZ-1131 Serenity View BOCC changes Jennifer, Theses are the changes to the Resolution: 1. Prior to recording the Change of Zone plat A. 4) add at the end of the paragraph the following; The internal roadway Serenity View Way within PZ-1131 Serenity View shall be maintained by the Home Owner Association. Please add the text in red italics. 5. At the time of Final Plat submission J. A Final Drainage Report, stamped, signed, and dated by a Colorado licensed engineer, shall be submitted with the Final Plan application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows, both entering and leaving the development. Increased runoff due to development condition, while releasing the 5-year storm existing condition. Or follow Weld County Code Ordinance 2008-9 effective September 1p 10, 2008. The Final Drainage Report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA, FIRM Community Panel Map #0475D. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us • EXHIBIT El 72-* 031 11/19/2008 Hello