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Home My WebLink About20072112.tiff DEP/ARTMENT OF PLANNING SERVICES NORTH OFFICE 91Y10O Street 631 GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 C. COLORADO May 7, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: PZ-1131 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 3, 2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Robert Buderus FOR: Change of Zone from (A)Agricultural to PUD(Serenity View Estates)for nine(9)lots with (E) Estate Uses (59 acres) and two (2) non-residential outlots (15 acres)for open space. LEGAL DESCRIPTION: Lot B of RE-3684; Part of the SW4 and SE4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 84 and approximately % mile east of CR 15. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Roger Caruso, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, Colorado 80631, on or before the date of public hearing. 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. 2007-2112 SURROUNDING PROPERTY OWNERS CERTIFICATE OF MAILING AND/OR SUBSURFACE ESTATE /INTEREST OWNERS I hereby certify that I have placed a true and correct copy of the surrounding property owners PZ-1131 and owners and lessees of minerals in accordance with the notification requirements of SURFACE ESTATE LAND OWNERS Weld County in Case Number PZ-1131 in the United States Mail, postage prepaid First Class BARBARA DOUGLAS Mail by letter as addressed on the attached list 7392 CR 84 this 7th day of May, 2007 FORT COLLINS CO 80524 JOAN FRANTZ 41228 CR 15 Dated the 7'h day of May , 2007. FORT COLLINS CO 80524 J BRUCE DOUGLAS ASSOCIATES LLLP ((,, � �� 7392 CR 84 fYI'LG�I.l-rUib FORT COLLINS CO 80524 Kristine Ranslem Recording Secretary for Planning Commission KEVIN MARTIN 7390 CARLSON CT FORT COLLINS CO 80524 PARKER GLENN EDWIN JR 7880 CR 84 FORT COLLINS CO 80524 DEBRA RAY 2625 TERRY LAKE RD FORT COLLINS CO 80524 SOARING SKIES VENTURES LLC C/O TIM HALOPOFF 2819 SECCOMB ST FORT COLLINS CO 80524 SHWAN WOTOWEY 7496 CR 84 FORT COLLINS CO 80524 MINERAL OWNERS AND LESSEES ANADARKO E&P COMPANY LP ATTN: MANGER LAND, WESTERN DIVISION PO BOX 9149 THE WOODLANDS TX 77387-9147 ANADARKO LAND CORP ATTN: MANAGER PROPERTY& ROW PO BOX 9149 THE WOODLANDS TX 77387-9147 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 070505300016 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 Signature q-l6ef Date Property Owners Within 500 ft. of Parcel# 070505300016 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# 7392 COUNTY RD 84 DOUGLAS BARBARA J 070508200009 FORT COLLINS,CO 80524 41228 COUNTY RD 15 FRANTZ JOAN H 070505300015 FT COLLINS,CO 80524 7392 COUNTY RD 84 J BRUCE DOUGLAS ASSOCIATES LLLP 070508200010 FORT COLLINS,CO 80524 MARTIN KEVIN D & 7690 CARLSON CT Additional Owners: 070508101001 MARTIN DEBORAH R FORT COLLINS,CO 80524 PARKER GLENN EDWIN JR& 7880 COUNTY RD 84 Additional Owners: 070508000037 PARKER CAROLEE W FT COLLINS,CO 80524 2625 TERRY LAKE RD RAY DEBRA BRYANT 070505000009 FT COLLINS,CO 80524 C/O TIM HALOPOFF SOARING SKIES VENTURES LLC 2819 SECCOMB ST 070505300018 FORT COLLINS,CO 80526-6211 WOTOWEY SHAWN A& 7496 COUNTY RD 84 070508200007 !Additional Owners: FORT COLLINS,CO 80524 IWOTOWEY TRACIE W http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=070505300016&Paz 1=07050500... 4/26/200' Page 1 of 1 Q a2 w.t v .,:r.::,...__2-as p y CR lB — o k a �N t [E a uF a art ' , E. � tYk � �. y p fi �Ng Y i "rvl ^yg UN4�V ' 6J'" M� '�� . 4r '� �3: 3 CR 84-r r....----- 4� :s s:� n � 7 t 'R y b"FhG, 4q. s' F \9K'GR^�R F 4k1YWk r ... _ <'H,-SEVERANCEc weld County.Coamaoa, y%#F"- t ', ® r. + �.�R d�RBMMi lit4Ga sr http://maps2.merrick.com/outpuUweidProd_DEN-GSS-IMS365220603I 8.jpg 4/26/200' LIST OF MINERAL OWNERS AND MINERAL LESSEES (Buderus) Subject Property: Township 7 North, Range 67 West, 6th P.M.. Weld County, CO Sec. 5: Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a part of the S% 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 24, 2007. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 2nd day of May, 2007. Crews &Zeren, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko E&P Company LP (None) Attn: Manager Land, Western Division P.O. Box 9149 The Woodlands, TX 77387-9147 Anadarko Land Corp. Attn: Mgr. Property & ROW P.O. Box 9149 The Woodlands, TX 77387-9147 Crews d'Zeros,LW Oil aid Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(303)484-2110 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 6"Zerar,LGC Oil and Gas'Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(303)484-2110 VANDERWERF & BUCHANAN, LLP ATTORNEYS AT LAW 1525 Seventeenth Street Denver, Colorado 80202 Molly Sommerville Buchanan Telephone: 303-298-9939 Mbuchanan@vbllplaw.com Facsimile: 303-298-9944 May 30, 2007 Via Telefax and DSL Delivery (970) 304-6498 Roger Caruso, Planner Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Re: Serenity Estates/Robert Buderus Property Change of Zone Application PZ-1131 Township 7 North, Range 67 West Section 5: portions of the S/2 Weld County, Colorado Dear Roger: I understand that Weld County has received an application for a change of zone for property in Weld County described as portions of the S/2 of Section 5, Township 7 North, Range 67 West("Property"). This law firm represents Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. ("Anadarko Land") with respect to the application for development. The Anadarko entities together own all of the minerals that underlie the Property. Please find enclosed a letter dated May 30, 2007 entitled "Notice of Oil and Gas Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on the matter to the Anadarko entities pursuant to C.R.S. §31-23-215, C.R.S. §24-6-402 (7) and C.R.S. §24-65.5-101, et. seq. as follows: Roger Caruso May 30, 2007 Page 2 Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager—Western Region/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, VanderWerf& Buchanan, LLP Molly Sommerville Buchanan MSB Enclosure cc: Rick Mayer, Esq. Jeff Fiske, Esq. Terry Enright Don Ballard Jeff Couch/ for Serenity Estates and Robert Buderus VANDERWERF & BUCHANAN, LLP ATTORNEYS AT LAW 1525 Seventeenth Street Denver, Colorado 80202 Molly Sommerville Buchanan Telephone: 303-298-9939 Mbuchanan@vbIlplaw.com Facsimile: 303-298-9944 May 30, 2007 Via Telefax and DSL Delivery Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 915 10th Street 918 10th Street Greeley, CO 80631 Greeley, CO 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. and ANADARKO E&P COMPANY LP and OBJECTION Re: Serenity Estates/Robert Buderus Property Change of Zone Application PZ-1131 Township 7 North, Range 67 West Section 5: portions of the S/2 Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the application that has been filed with Weld County ("County") for the approval of a change of zone for property described as portions of the S/2 of Section 5, Township 7 North, Range 67 West("Property"). Anadarko Land and Anadarko E&P own the mineral interests that underlie the Property. The Anadarko entities wish to give notice to the County of the mineral interests they own under the property and make the County aware that the approval of a final application for development for the property may significantly impact the prospective development of the oil and gas under the Property. The Anadarko entities object to the Weld County Commissioners Weld County Planning Commission May 30, 2007 Page 2 approval of a final application for development unless and until agreements are reached among the Anadarko entities and the Applicant with respect to the oil and gas interests. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Resources Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the Property. Anadarko E&P has entered into an exploration agreement with United States Exploration, Inc. ("UXP") pursuant to which UXP has the right to drill oil and gas wells on the Property and earn an oil and gas lease. Current Colorado Oil and Gas Conservation Commission regulations provide for the location of five drilling windows in a quarter section in the geographic area where the Property is located, one in the center of each quarter quarter section and one in the center of the quarter section. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133O0) which states that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 3. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also, Gerrity Oil&Gas Corporation v. Magness, 946 P.2d 913 (Colo. 1977), which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. Weld County Commissioners Weld County Planning Commission May 30, 2007 Page 3 Union Pacific Railroad Company gave a deed to Burton Sanborn dated October 25, 1906 and recorded in the office of the Weld County Clerk and Recorder on November 3, 1906 in Book 233 at Page 58 in which the Railroad reserved the minerals for the Property. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded April 14, 1971 in Book 644 at Reception No. 1565712. Applicant had record notice at the time it acquired its interests in the Property that the minerals were severed from the surface estate and that it received less than the entire interest in the Property. 4. An Action by the County to Approve the Application May Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property.2 5. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities have initiated discussions with the Applicant to work out surface use conflicts and are hopeful that agreements will be reached; however, agreements have not been entered into by the parties to date. The Anadarko entities therefore object to final land use approval for the Property in the absence of agreements among the Anadarko entities and the Applicant. 2See, for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d 798 (1992). Weld County Commissioners Weld County Planning Commission May 30, 2007 Page 4 Very truly yours, VanderWerf& Buchanan, LLP Molly Sommerville Buchanan MSB Enclosure cc: Rick Mayer, Esq. Jeff Fiske, Esq. Terry Enright Don Ballard Jeff Couch/ for Serenity Estates and Robert Buderus Hello