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Home My WebLink About20082258.tiff (1‘• ?fjOtDEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10'" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 C. FAX: (970) 304-6498 COLORADO August 20, 2008 NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-1656 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 5, 2008, at 1:30 p.m., in the Greeley Planning Department Hearing Room, 918 10'"Street, Greeley, Colorado. A subsequent hearing will be held on August 20, 2008 at 10:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10'h Street, First Floor, • Greeley Colorado 80631. NAME: Great Western Oil &Gas Company, LLC FOR: A Site Specific Development Permit and a Special Review Permit for Oil and Gas Production Facilities (two oil and gas wells - and any additional wells allowed by the Colorado Oil and Gas Conservation Commission drilled from the same pad along with a tank battery site) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: Lot 4 of the NW4NW4 and Lot 1 of the SW4SW4 of Section 4, T5N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1,000 feet east of State Highway 85 and approximately 1,200 feet north of East 8'" Street (State Highway 263). Your property is within five-hundred (500)feet of the property on which this request has been made. For additional information contact Chris Gathman. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10'h Street, Greeley, Colorado 80631. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • • • • SURROUNDING PROPERTY OWNERS MICHAEL SHUPE AND/OR 710 40 AV SUBSURFACE ESTATE/INTEREST OWNERS GREELEY CO 80634 USR-1656 TOMMY SILVA 100 Ni AV SURFACE ESTATE LAND OWNERS GREELEY CO 80631 AGGREGATE INDUSTRIES KIMBERLE & KEVIN SKATTUM C/O KERN PALMER 10575 W 120 AV 121 N HARRISON AV BROOMFIELD CO 80020 LAFAYETTE CO 80026 MARTHA TATRO AURORA LOAN SERVICES LLC 182 N 1 AV 10350 PARK MEADOW DR GREELEY CO 80631 LITTLETON CO 80124 JOHN CARLSON 340E "C' ST CERTIFICATE OF MAILING GREELEY CO 80631 I hereby certify that I have placed a true and DRILLING FLUID SERVICE LLC correct copy of the surrounding property owners 281 1sT AV in accordance with the notification requirements GREELEY CO 80631 of Weld County in Case Number USR-1656 in the United States Mail, postage prepaid First JAY GOZA Class Mail by letter as addressed on the 1944 26 AV CT attached list this 12TH day of May, 2008. • GREELEY CO 80634 LOLOFF CONSTRUCTION INC Dated the 12th day of May, 2008. PO BOX 518 KERSEY CO 80644 LUBRICATION SERVICES LP Kristine Ranslem ATTN: AD VALOREM TAX DEPT Recording Secretary for Planning Commission PO BOX 4018 HOUSTON TX 77210-4018 MONROE LAWRENCE LUND 369 E 8 ST GREELEY CO 80631 SELUSTRIANO SALAZAR 106 1 AV GREELEY CO 80631 SHARP BROS SEED CO PO BOX 140 HEALY KS 67850 ANN SHERLEY PO BOX 609 GREELEY CO 80632 • 2008-2258 AFFIDAVIT OF INTERESTED LAND OWNS http://maps2.merrickom/website/weld/setSgl.asp?cmd—buffer&PIN... ` AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE •Subject Parcel: 096104200002 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,http://www.co.weld.co.us,and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. r Signature 21( O V Date • • I of 3 5/6/2008 6:24 PM sFFIDAVIT OF INTERESTED LAND OWS http://maps2.merrillom/website/weld/setSgl.asp?cmd=buffer&PIN... Property Owners Within 500 ft. of Parcel# 096104200002 NAME MAILING ADDRESS PARCEL IDENTIFICATION ft C/O PALMER KERN •,AGGREGATE INDUSTRIES 121 N HARRISON AVE 096104200038 LAFAYETTE,CO 80026 10350 PARK MEADOW DR AURORA LOAN SERVICES LLC 096104201008 LITTLETON,CO 80124 CARLSON JOHN C& 340 E"C" ST 096104200016 Additional Owners: GREELEY,CO 80631 CARLSON CHARLOTTE A CARLSON JOHN C& 340E"C" ST 096104200017 Additional Owners: GREELEY,CO 80631 CARLSON CHARLOTTE A 281 1ST AVE _... DRILLING FLUID SERVICE LLC 096104200005 GREELEY,CO 80631 1944 26 AVCT GOZA JAY 096104200004 GREELEY,CO 80634 PO BOX 518 LOLOFF CONSTRUCTION INC 096104200013 KERSEY,CO 80644 ATTEN: AD VALOREM TAX DEPT LUBRICATION SERVICES L P P O BOX 4018 096104202004 HOUSTON,TX 77210-4018 • MONROE LAWRENCE L UND 1/2 INT & 369E8ST 096104200010 Additional Owners: GREELEY,CO 80631 MONROE LOIS C UND 1/2 INT SALAZAR SELUSTRIANO& 106 1 AVE 096104201002 Additional Owners: SALAZAR MARINA M GREELEY,CO 80631 P O BOX 140 SHARP BROS SEED CO 096104202001 HEALY,KS 67850 PO BOX 609 SHERLEY ANN MCELROY ETAL 096104200001 GREELEY,CO 80632 SHUPE MICHAEL L& 710 40 AVE 096104202006 Additional Owners: GREELEY,CO 80634 SHUPE SUSAN K SILVA TOMMY& 100 N I AVE 096104201001 Additional Owners: GREELEY,CO 80631 SILVA ELIZABETH SKATTUM KIMBERLE A&KEVIN D 1/2 INT& 10575 W 120 AVE 096104202005 Additional Owners: BROOMFIELD,CO 80020 • MALONE KELLIE S 1/2 INT 182 N 1 AVE TATRO MARTHA E 096104201009 GREELEY,CO 80631 5/6/2008 6:24 P 2 of 3 N • LIST OF MINERAL OWNERS AND MINERAL LESSEES • (Great Western-Harrell) Subject Property: Township 5 North, Range 65 West, 6th P.M., Weld County, CO Sec. 4 : Lot 4 of the NW'V4NW'A and Lot 1 of the SW'/4NW'/4, according to the subdivision of lands of the Union Colony Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through April 23, 2008. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 5'h day of May, 2008. Crews & Zeren, LLC • By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Brian K. Harrell Crews & Zeren, LLC 288 1st Avenue 8203 W. 20th Street, Suite B Greeley, CO 80631 Greeley, CO 80634 Crews efr Zeren,LLC • (Vane Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 fax(303)484-2110 • r • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual • amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews etre Zeren,LLC • Oifancf Gas Title Services P.O. Box336337 (970)351-0733 Gree@, CO 80633-0606 Page 2 of 2 Fax(303) 484-2110 i bj 3393462 06/05/2006 01:36P Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder •RODUCERS88-PAID UP OIL AND GAS LEASE Rev. 5-60, No.-2- 10pt.-Amended (Paid-Up) THIS AGREEMENT is made and entered into the 29th day of March, 2006,by and between Brian K. Harrell, whose address is 288 le Avenue, Greeley, CO 80631, hereinafter called Lessor(whether one or more); and Jay Goza Investments, whose address is 1944 26'"Avenue Ct., Greeley, CO 80634, hereinafter called Lessee. WITNESSETH, That the Lessor, for and in consideration of Ten and more($10.00+)DOLLARS cash in hand paid,the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted, demised, leased and let,and by these presents does grant,demise,lease and let exclusively unto the said Lessee,the land hereinafter described,with the exclusive right for the purpose of mining, exploring by geophysical and other methods, and operating for and producing therefrom oil and all gas of whatsoever nature or kind,with rights of way and easements for laying pipe lines, and erection of structures thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Weld, State of Colorado, described as follows, to-wit: Township 5 North. Range 65 West, 6th P.M. Section 4: Lot 1 of the SWY NW'/4 and Lot 4 of the NW'/4NWY4 and containing 20.00 acres, more or less. 1. It is agreed that this lease shall remain in force for a term of two(2)years from this date and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage.pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the . leased premises or on acreage pooled therewith;and operations shall be considered to be continuously prosecuted if not more than ninety(90)days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith,the production thereof should cease from any cause after the primary term,this lease shall not terminate if Lessee commences additional drilling or re-working operations within ninety(90)days from date of cessation of production or from date of completion of dry hole. If oil lorease, shall se shalle and continue in force so long as loiilo such a is producedions tfrromfthet eased premises f the ar on acreage pom ofoled therewith. 2.This is a PAID-UP LEASE.In consideration of the down cash payment,Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may at any stratuom times by deliveringoto Lessor or by filing for�record a rrele surrender ase lease releases, and bl or e relieved n of all said thereaftaer strata g as to the acreage surrendered. 3. Royalties on oil,gas and other substances produced and saved hereunder shall be paid by Lessee to Lessor as follows: (a) For oil and other liquid hydrocarbon separated at Lessee's separator facilities,the royalty shall be 16%of such production, to be delivered at Lessee's option to Lessor at the wellhead or to Lessor's credit at.the oil purchaser's transportation facilities, provided that Lessee shall have the continuing right to sell such production to itself or an affiliate at the wellhead market price then prevailing in the same field(or if there is no such price,then prevailing in the same field, then in the nearest field in which there is such a prevailing price)for production of similar grade and gravity; (b)for gas(including casinghead gas)and all other substances covered hereby, the royalty shall be 16% of the net proceeds realized by Lessee (after deducting the taxes and costs set forth in subsection 3(c)hereof)from the sale thereof,provided that Lessee shall have the continuing right to sell such production to itself or an affiliate at the prevailing wellhead market price paid for production of similar quality in the same field (or if there is no such price then prevailing in the same field, then in the nearest field in which there is such a prevailing price) ursuant to comparable purchase arrangements entered into on the same or nearest preceding date as the date on which lessee or its affiliate commences its purchases hereunder; and (c) in calculating royalties on production hereunder, lessee may deduct Lessor's proportionate part of any ad valorem, production and excise taxes,and any costs incurred by Lessee in treating(including without limitation,dehydrating and sweetening),processing,gathering,transporting,compressing,delivering and otherwise marketing such production, without regard as to any judicial determination as to when or where such gas may be deemed to be marketable. 4.Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be • considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns aggless interest inthe above v described land than the entire and undivided fee simple estate therein, then the s royalties be ars dt ing awholeand gas royalty) oy l )feeherein provided for shall be paid the Lessor only in the proportion which 111111111 11111111111 EIRE'I I IRE' 11111 I I 111111 I I I I I I I! • 3393462 06/05/2006 01:36? Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder 6. Lessee shall have the right to use,free of cost,gas,oil and water produced on said land for Lessee's operation thereon, except water from the wells of Lessor. 7. When requested by Lessor, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without the written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10.Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder may be assigned in whole or in part. No change in ownership of Lessor's interest(by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice,whether actual or constructive,shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any part of the land described herein and as to any one or more of the formations hereunder,to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land,lease or leases in the immediate vicinity for the production of oil and gas,or separately for the production of either,when in Lessee's judgment it is necessary or advisable to do so,and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas, may be reformed to exclude such non-producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation,which declaration shall describe the unit.Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production,drilling or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease;such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing, 13.All express or implied covenants of this lease shall be subject to all Federal and State Laws,Executive Orders,Rules • or Regulations, and this lease shall not be terminated, in whole or in part, nor Lessee held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such Law, Order, Rule or Regulation. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor,by payment,any mortgages,taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein,insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made,as recited herein. Lessor agrees to execute such further assurances as may be requisite for the full and complete enjoyment of the rights herein granted. 15. The word"Lessor,"as used in this lease, shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee. 16. Anything to the contrary herein notwithstanding, if Lessor owns a greater interest in the lands described than is purported to be leased hereby or hereafter acquires any additional interest or title in the lands described,then this lease shall cover such greater or additional after-acquired interest or title, and Lessor agrees to give Lessee written notice of any such acquisition as soon as the same is made, in which event the royalties payable to Lessor shall be increased proportionately. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. Brian K. Harrell SS#522-23-1468 STATE OF COLORADO )ss. ACKNOWLEDGMENT COUNTY OF WELD 1,n A-pitL The foregoing instrument was acknowledged before me this S"�"'day of Mardi, 2006, by Brian K. Harrell. !`a!uunry.. Witness my hand and official seals`4 ..—. . _a so ;A;y? w YYI My commission expires: 10--b.; vat IC Notary Public .111111111 ii1iii uiii1 iiiii iiii iiiiii iii ii,ii iiii 3528497 01/11/2008 10:55A Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder 497 EXTENSION OF OIL AND GAS LEASE • Jay Goza Investments is the owner and holder of that certain oil and gas lease (the "Lease") dated A March 29, 2006, recorded June 5, 2006 under Reception No. 3393462 (Weld County) from Brian K. Harrell, as Lessor, to Jay Goza Investments, as Lessee, covering the following lans in Weld County, Colorado: Township 5 North, Range 65 West, 6`h P.M. Section 4: Lot 1 of the SW'/NW Y. and Lot 4 of the NW%NW'% The Lease will expire, in the absence of drilling operations, on March 29, 2008, and Jay Goza Investments desires to have the term of the Lease extended.The for his heirs, tives and assigns, for and inconsiderati consideration himself, Fifty Dollars,successors,hand paid, the receersonal ipt and sufficiency of which are hereby acknowledged, does hereby agree that the term of said lease shall be and is hereby extended, with the same tenor and effect as if such extended term had been originally expressed in such lease, through September 30, 2008, and as long thereafter as oil or gas (including casinghead gas) may be produced from the lands covered by this lease or lands pooled therewith, subject to the conditions contained in the lease.The signed hat all he Lease to the end rof its primary term, ases therein extended, have ments, if been fullynand timely to paid, and that the Lease is now in full force and effect in respect to all lands overed therby. For the same consideration, the undersigned does hereby lease, let and demise unto Jay Goza Investments, its successors and assigns, subject to and under all of the terms and provisions of the Lease, all interest the undersigned may now own or hereafter acquire in the lands covered thereby.• IN WITNESS WHEREOF,this instrument is signed on this 9 day of January, 2008. %��-- Aic� rian K. Harrell STATE OF COLORADO ) ss. COUNTY OFWELD et 4-h^- The foregoing instrument was acknowledged before me this OL J V I day of January, 2008; by Brian K. Harrell. $P tM. ly ,, Witness my hand and official seab�`��P�' "'" rep'' zt. f NOTARY. �,�jy My commission expires: ! �n/(Fz/V�t 07- zo n -col t �.F "'unto o Notary Public • • 111111111111 MtIIIIlt NI liiiIII Inn • 3532041 01/30/2008 11:58A Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder • ASSIGNMENT OF OIL AND GAS LEASE 041 This Assignment is made and entered into this 28th day of January, 2008, by and between Jay Goza Investments, a sole proprietorship, 1944 26th Avenue Court, Greeley, CO 80634, as Assignor; and Crews & Zeren, LLC, 8203 W. 20'h Street, Suite B, Greeley, CO 80634, as Assignee 1. Assignment. For $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Jay Goza Investments does hereby sell, convey, assign, and transfer to Crews & Zeren, LLC, its successors and assigns, all of its right, title and interest in and to that certain oil and gas lease (the "Lease") dated March 29, 2006, recorded June 5, 2006 under Reception No. 3393462 (Weld County) from Brian K. Harrell, as Lessor, to Jay Goza Investments, as Lessee, covering the following lens in Weld County, Colorado: Township 5 North, Range 65 West, 6th P.M. Section 4:Lot 1 of the SWY4NWY4 and Lot 4 of the NWY4NW'/. 2. Proportionately Subject to Existing Burdens. The interest herein assigned to Crews &Zeren, LLC shall be proportionately subject to all burdens, restrictions, exceptions, reservations, conditions, limitations, charges, segregation agreements and other matters of record in the real property records of Weld County. 3. Special Warranty. Assignor warrants title to the interest herein assigned as to those claiming by, through or under Assignor, but not otherwise. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. Jay Goza Investments By: Jay Goza, ole P opriet STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this_ ay of January, 2008, by Jay Goza as sole proprietor of Jay Goza Investments, a sole proprietorship. Witness my hand and o alg ;b My p1r>)iss expires: 7 a�� itri / �� try Public �isat� / ,,, Hello