HomeMy WebLinkAbout20072107.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY ( PLANNER ASSIGNED:
Parcel Number 0 7 0 c - 0 J -3- 0 0 - Q 1 b
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co weld.co.us).
(Include all lots being included in the application area,If additional space is required,attach an additional sheet)
Legal Description Zit 8 17 I lu RE 0701- 81-J-RE- 311i, Section S , Township 7 North, Range 67 West
Property Address(If Applicable) Well Coal, Reid 87
Existing Zone District: /1 Proposed Zone District: PUB-5E Total Acreage: 57 33' Proposed#/Lots �7
Average Lot Size: 6 37 Minimum Lot Size: 3 IJ i Proposed Subdivision Name: Sinai t4ew ESttaJ it
Proposed Area(Acres)Open Space: /3 ' 77 �/
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: R462/f t Baderus
Work Phone# 970 1$7.7380 Home Phone# `Iii 'l93- /30 Email Address /1/
Address: 213? &it lime Pack
City/State/Zip Code Fal f Cell tit ) a go 5-21
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Jeif W Cod cti I F. cl TEAM E'go/netim t
Work Phone# 970 23/- 1937 Home one# 70'Zo 197a Email Address JC Cake ( C� ot�CPSf=nC!
Address: nip shallow YMI V rtfie
City/State/ZipCode fir/ 611143/ (D ro$zr-70rz
UTILITIES: Water. well agi y l'/tt'r Destiit{
Sewer: T dr✓t as Sew 4a is cold/ (ys
Gas: ce foe!yY
Electric: half )/di'dyEIf
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Phone: Q w(:r /
DISTRICTS: School: LVla Sef ' 1ç44( C gsIy RFsy
Fire: Post f flIC fix
dit.A/ /
Post: F coffins
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for
the corpoation. I (we),the undersigned, hereby request hearings before the Weld County Planning Commission and the Board
of County Commissioners conceming the proposed Change of Zone for the above described unincorporated area of Weld County,
Colo do:
(661- Q K MAtol- 4 7007
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized • • Date
- EXHIBIT
1 2
2007-2107
SERENITY VIEW ESTATES P.U.D.
SPECIFIC DEVELOPMENT GUIDE
February 2007
INTRODUCTION
Serenity View Estates P.U.D. is a 59.38 acre parcel located along County Road 84. The proposed
project is intended to create nine residential lots. The addition of nine larger lots creates minimal
impacts on the existing road and utility infrastructure.
COMPONENT ONE
Environmental Impacts
1. Noise and Vibration
Serenity View Estates P.U.D. will create nine residential lots. The lots will allow limited large
animal activity and small ancillary buildings. Industrial or commercial activity will not be
allowed. Noise and vibration impacts would be similar to other large lot subdivisions and will
have no impact to adjacent property.
2. Smoke, Dust and Odors
Serenity View Estates P.U.D. will provide minimal impacts to alacent property relating to
smoke, dust and odors. Specifically, NO burning will be allowed to create a smoke hazard.
Paved internal subdivision roads will minimize dust creation. Odors will not impact adjacent
property. Solid waste disposal will insure household garbage is removed from the site.
Covenants will require that animal areas be maintained on a regular basis.
3. Heat, Light,and Glare
Heat, light and glare will not be generated from the Serenity View Estates P.U.D. Heat will not
be vented from residential structures. Street fights will not be installed as to maintain a country
"dark sky° environment Covenants will curtail fighting on structures. Glare will not be created
from residential structures.
4. Visual I Aesthetic Impacts
Serenity View Estates P.U.D. will create protective covenants which will minimize visual
impacts created from nine residential structures. Covenants will govern building height,
building materials, building color,and locations.
Houses will be strategically placed to create view corridors for both homeowners and adjacent
property owners. Roadways will follow the existing terrain and house elevations will match the
terrain as well.
5. Electrical Interference
There is no activity proposed by the Serenity View Estates P.U.D. which will create electrical
disturbance. All electrical improvements will be installed underground. Antennas, towers, and
dishes will be controlled by covenants.
6. Water Pollution
Serenity View Estates P.U.D. will improve both surface and ground water quality. The
elimination of agricultural activity will reduce the chemical and sediment loads historically
created by runoff from this area. Also, irrigation and stormwater runoff will be routed to a
detention pond at the southerly edge of the site. The detention pond will function as a
sediment pond further improving water quality on the site. Covenants will require maintenance
of open areas.
7. Wastewater Disposal
Wastewater created from the residential units will be treated via Individual Sewage Disposal
Systems constructed on each site to be in compliance with Weld County Health Department
Guidelines. Preliminary soil information completed for this project indicates that the soil
condition will permit the installation of typical Individual Sewage Disposal Systems.
8. Wetland Removal
As a previously irrigated and cultivated agricultural parcel,there are no wetlands located on the
site.
9. Erosion and Sedimentation
Erosion and sedimentation caused by stormwater runoff or wind have historically been minimal
from this site. The existing sparse grass and weed ground cover have provided an effective
protection for the site. There is currently no evidence of erosion or sedimentation on the site.
An erosion control plan and vegetative plan will be created to maintain these conditions.
10. Excavating, Filling and Grading
Overlot grading for this development will not be required The disruption of the existing site will
be within the limits of the proposed Serenity View Way right-of-way. Once utilities are
installed, roadways will be graded and stabilized to eliminate visual and erosion impacts.
Streets will be graded to match the existing ground slope.
11. Drilling, Ditching and Dredging
Drilling, ditching or dredging will not be required to complete this project
12. Air Pollution
The creation of nine structures will increase vehicular traffic in the area by approximately 60
trips per day. Burning wi8 not be allowed. Air pollution impacts,therefore, will be minimal.
13. Solid Waste
Solid waste will be removed from the site by a commercial waste hauler. Individual
homeowners will be responsible to contract for this service.
14. Wildlife Removal
The property currently supports poor quality grass cover and contains no indigenous animal
population.
15. Natural Vegetation Removal
The natural vegetation currently located on the site is of poor quality. In the transition from its
current vacant status to a development parcel, additional effort will be made to maintain the
growth of the vegetation and establish a viable grass cover. Disruption of the site caused by
the development will be contained within the proposed Serenity View Way sixty foot right-of-
way. Located within this right-of-way will be all transportation, water, gas, electric,
communication and irrigation improvements.
16. Radiation/Radioactive Material
The geological hazard report prepared for this project indicates that rock formations which
typically could produce radioactive activity are not located in this area. Background radiation
levels were found to be minimal in the area.
17. Drinking Water Sources
A potable water system will be provided through the North Weld County Water District.
Delivery of this water will be provided by the extension on a 16 inch water main from Weld
County Road 15. An agreement has been prepared by the Water District.
18. Traffic Impacts
Traffic Impacts created by the addition of nine residential structures will have insignificant
impact on the existing transportation infrastructure.
Serenity View Way will connect to the existing Weld County Road 84.
COMPONENT TWO
Service Provision Impacts
1. Schools
Schools are provided by the Weld County School District RE-4 located in Windsor, Colorado.
A turnaround at the subdivision entryway will be provided. Payment of an impact fee will be
required for each lot
2. Law Enforcement
Law enforcement is to be provided by the Weld County Sheriffs Department The Sheriffs
Department is supportive of names, signage, school access, and postal access, but has
indicated that they lack the resources to provide adequate services for additional growth in
Weld County.
3. Fire Protection
Fire Protection is provided by the Poudre Fire Authority. Fire hydrants, roadways, emergency
access, signage, and adequate fire flows have been provided as the District has requested.
4. Ambulance
Ambulance service will be provided by the Northern Colorado Ambulance Service.
5. Transportation
The regional transportation system for this project is provided by County Road 15 and County
Road 84. These roadways are twenty-five foot wide. County Road 15 is paved and County
Road 84 has a granular surface. The interior subdivision roadway connects to County Road
84.
Serenity View Way will be a gravel roadway which is thirty-two foot wide and is located within a
sixty foot right-of-way. The middle twenty-four feet of this roadway will be paved.
6. Traffic Impact Study
A Traffic Impact Study was not required for this project because of the minimal increase of
traffic to the existing system.
7. Storm Drainage
All stormwater runoff will be directed to a detention pond located at the south edge of the site.
Historic discharge will be mantained from this site
8. Utility Provisions
Electrical,telephone and water infrastructure is available for this subdivision.
9. Water Provisions
Water service will be provided by the North Weld County Water District An sixteen inch water
main in Weld County Road 15 will provide both domestic and fire flows to Serenity View
Estates P.U.D.
10. Sewage Disposal Provision
All sewage disposal will be provided by Individual Sewage Disposal Systems (ISDS) for each
lot Percolation tests completed for this area indicates that these systems are appropriate for
this development
11. Structural Road Improvement Plan
The proposed interior paved roadway will be constructed as per County Standards.
COMPONENT THREE
Landscape Elements
Landscaping for the Serenity View Estates P.U.D. will be provided on each lot by the individual
property owners.
COMPONENT FOUR
Site Design
1. Unique Site Features
The Cactus Hill Lateral traverses the easterly portion of the site. Weld County Road 84 is
adjacent to the south property line.
2. Consistency with Goals and Policies of Chapter 22
This project is consistent will the goals and policies of Chapter 22.
3. PUD Zoning Compatibility
The proposed use is being developed for residential parcels. This is consistent with the
existing uses on adjacent parcels.
4. PUD Zoning Compatibility with Adjacent Land Uses
The project will be adjacent to a similar residential uses along its north and south boundaries.
The project will be adjacent with agricultural property along its east and west boundaries.
5. Hazard Areas
This project is not within a Flood Hazard, Geologic Hazard or Airport Overlay District.
COMPONENT FIVE
Common Open Space Usage
Common Open Space will be provided in the center of the project This open space will provide a
central area for the proposed subdivision and preserve view corridors for the individual lots.
COMPONENT SIX
Signage
Traffic control signs and street information signs will be installed at the intersection of County Road
84 and Serenity View Way. A subdivision identification sign will be installed in the entryway.
COMPONENT SEVEN
MUD Impact
This project is not within a MUD area.
COMPONENT EIGHT
Intergovernmental Agreements Impacts
This project is not within an area governed by intergovernmental agreements.
1 AM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
February 21, 2007
Mr. Kim Ogle, Planner
Department of Planning Services
4209 Weld County Road 42.5
Longmont, CO 80504
RE: PZ-1131 Serenity View Estates P.U.D.
Lot B of RE 3684, Section 5,T7N, R67W of the 6th P.M.
Dear Mr. Ogle:
Attached is a summary of issues which have been identified through the completion of the Sketch
Plan for the above referenced project. This information is provided as part of a change of zone
submittal package for nine large residential lots on 59.38 acres owned by Robert Buderus.
A summary of issues identified as part of the Sketch Plan review follows:
1. Water Service
The North Weld County Water District (NWCWD) has provided an agreement for water
service for this project. This agreement has been approved by the Weld County Attorney's
Office. NWCWD also has adequate capacity to serve this project
2. Sewage Disposal
Sewage disposal is to be provided on each lot by Individual Sewage Disposal Systems
(ISDS). The subdivision was designed to keep areas with shallow bedrock or groundwater
in open space areas. Lots were increased in size to allow sufficient room for several ISDS
locations. Lots along the east edge of the subdivision were lengthened to allow for
additional setback from the Cactus Hill Lateral.
3. Cactus Hill Lateral
Steve Smith, manager of the North Poudre Irrigation Company, which operates the Cactus
Hill Lateral has provided a letter which addresses the concerns of the irrigation company.
These issues have been addressed by the Change of Zone submittal information and
involve:
a. Creation of adequate easements for the ditch.
b. Creation of adequate setbacks for the ditch.
c. Modification of covenants to facilitate future irrigation of the property.
Mr. Kim Ogle, Planner
Department of Planning Services
February 21, 2007
Page Two
4. Flag Pole Lot
The flag pole lot(lot 9)shown on the Sketch Plan has been eliminated. The flag pole was
eliminated by the extension of Serenity View Way. An emergency access between the
end of Serenity View Way and Weld County Road 84 provides a secondary emergency
access for the Fire District.
5. Entryway Sign
The entryway sign will conform to Weld County Code criteria. A median has been
provided in the entryway to facilitate a subdivision entryway sign. This sign will be
approximately 4'X 8' in size and be composed of wood or rock.
6. Code Compliance and Building Inspection
Both Code Compliance and the Building Department had no issues with the proposed
development
7. Minerals
A Surface Use Agreement (SUA) has been provided by Anadarko, the owner of the
minerals located with this property. A copy of this agreement is attached. The project will
provide a drilling area to allow Anadarke access for future drilling activities.
8. School District
The weld County School District RE-4 has provided a summary of these concerns. This
letter was the result of a meeting between the property owner and the School District. The
property owner has agreed to meet the issues identified by the School District
9. Fees
It is anticipated that this project will conform to Weld County fees schedules which apply to
this type of activity.
Please review this information at your earliest convenience and contact me at (970) 231-9937 if
you need additional information.
Sin re
ouch, P.E
T M Engineering
-
WELD COUNTY ROAD ACCESS INFORMATION SHEET •
Weld County Department of Public Works
111 H Street, P.O.Box 758, Greeley, Colorado 80632
a Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497
Road File#: Date: /8-12-0
RE# : t �1 J Other Case#:
1. Applicant Name . Robert" L. Baden's Phone Ole) 13-0t30
•
Address 2932 go /tie aver Ci a • IAJ State CO Zip ?Obey
2. Address or Location of Access WC/tA C/bq f 06,
Section S Town hip�/(_Range 6�/ §ybdivision - Block - Lot r
Weld County Road#: f y Side of Road O'R X Distance from nearest intersection ;Oar it or W CR
3. Is there an existing access(es)to the property? Yes No #of Accesses l •
4. Proposed Use:
$ Permanent ❑ Residential/Agricultural ❑ Industrial
❑ TemporaryX Subdivision ❑ Commercial 0 Other
Yiflflnt1ntm.f11Htf1111l11f1ln.t.-.**".-nn nthFl"*.nntlftlfnYflffYlnAtifrem.*fltlf "..""fMt****!Mill.*#H1f
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil &Gas
D.R. = Ditch Road
O = House
O = Shed /� eCICN
= Proposed Access 6 �`
gi
r, A = Existing AccessNT
I. Exiatiog O,tc� Road l�cceas �o Renar>7 . °�
&. EYistin 11, / cct'ss to be Remdvcd- vJeld County Road 84_ 7
......."*.non..."
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
-17-
Draft#1 Surface Use Agreement dated March 23,2007
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT ("Agreement") is effective this day of
, 2007, by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"),
formerly known as Union Pacific Resources Company, ANADARKO LAND CORP.
("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the
"Anadarko Entities" and also individually or together as the "oil company' or "oil companies"),
both with an address of Post Office Box 1330, Houston, Texas 77251-1330 and Robert Buderus,
an individual ("Surface Owner"), with an address of
Denver, Colorado 80
A. Surface Owner owns the surface estate for property located in Weld County,
Colorado, generally in portions of the W/2SE/4 and the E/2SW/4 of Section 5, Township 7
North, Range 67 West, which is more specifically described in the attached Exhibit 1 and
referred to hereinafter as the "Property."
B. Surface Owner proposes to develop the surface estate for the Property for
residential and other purposes.
C. The Anadarko Entities together own all of the oil, gas and associated liquid
hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil,
gas and associated liquid hydrocarbons under the Property.
D. Current Colorado Oil and Gas Conservation Commission ("COGCC") rules and
regulations allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or
gas wells in five drilling windows in a quarter section, one in approximately the center of each
quarter quarter section in a 400 foot by 400 foot window and one in the center of the quarter
section in an 800 foot by 800 foot window.
E. The parties enter into this Agreement to provide for the coexistence and joint
development of the surface estate and the oil and gas estate for the Property and to delineate the
process with which they will comply with respect to the development of the two estates.
F. This Agreement is limited to the compatible development of the surface estate and
the oil and gas estate for the Property; it does not in any respect apply to the minerals other than
the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the Property which
are the subject of a separate agreement between Anadarko Land and Surface Owner.
NOW THEREFORE, in consideration of the covenants and mutual promises set forth in
this Agreement, including in the recitals, the parties agree as follows:
�. 1. Oil and Gas Operations Areas.
a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas
wells on the Property only within the four locations identified on Exhibit 2 which are generally
in the centers of the SE/4; SE/4; SW/4; and the SW/4. Such reserved
locations on the Property are hereinafter referred to individually or collectively, as the case may
be, as the "Oil and Gas Operations Area"or the"Oil and Gas Operations Areas."
b. Operations and uses within the Oil and Gas Operations Areas include, but are not
limited to, drilling, completion, and maintenance of wells and equipment, production operations,
workovers, well recompletions and deepenings, fracturing, twinning, and drilling of replacement
wells and the location of associated oil and gas production and drilling equipment and facilities.
c. The Oil and Gas Operations Areas shall include the areas that are generally in the
shape of a circle with a radius of feet as reflected on Exhibit 2.
d. The Anadarko Entities shall continue to have the right to drill one or more wells
with attendant facilities within all Oil and Gas Operations Areas and to deepen, recomplete or
twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells
that produce from and drain the Property or lands other than the Property.
e. The Anadarko Entities shall also have the right to locate, build, repair and
maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling
and production equipment and facilities within the Oil and Gas Operations Areas.
f. Surface Owner shall not plat surface property lines or install or construct fences,
roadways, trees, bushes or any other permanent or temporary improvements within the Oil and
Gas Operations Areas or the flowlines and pipeline easement areas provided for herein, and no
temporary or permanent building, structure or other improvement shall be located by Surface
Owner within the Oil and Gas Operations Areas or the flowlines and pipeline easement areas.
The Oil and Gas Operations Areas and flowline and pipeline easement areas shall be for the
exclusive use of oil and gas operations and production and for the location of oil and gas wells
and associated oil field drilling and production equipment.
2. Directional Drilling Cost Reimbursement. In consideration of the agreement of
the Anadarko Entities to restrict their surface use for the Property, Surface Owner agrees to
compensate the Anadarko Entities in accordance with the terms included in a separate letter
agreement dated the same day as this Agreement.
3. Production Facility Locations.
a. The Anadarko Entities agree that they shall locate oil and gas drilling and
production equipment and facilities, including tank batteries, only within the Oil and Gas
Operations Areas and the_ locations identified on Exhibit 2 as Production Facility Locations,
hereinafter referred to together or individually, as the case may be, as the "Production Facility
Location"or the"Production Facility Locations."
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b. Each Production Facility Location shall include the area reflected on Exhibit 2.
c. The terms in section 1.f. above shall also apply to the Production Facility
Locations.
4. Access to Oil and Gas Operations Areas.
a. Access to the Oil and Gas Operations Areas shall be at the locations identified on
Exhibit 2 after such time as the particular access road has been constructed.
b. Access may be changed by mutual agreement of Surface Owner and the
appropriate oil company or oil companies; provided however, all costs and expense of such
relocations shall be borne by the party that requests them.
d. Surface Owner shall provide access to all Oil and Gas Operations Areas
continuously and at all times both before and following the construction of the access roads
identified on Exhibit 2. No party shall unreasonably interfere with the use by the other of an
access road.
e. Prior to the construction of the permanent paved roads within the Property,
Surface Owner shall have no obligation to pave or maintain access routes that are used
exclusively by the oil companies. At such time as Surface Owner constructs the roads within all
or pertinent portions of the Property, Surface Owner shall keep the portions of access roads
jointly used by Surface Owner and the oil companies in good condition and repair until such
roads are dedicated to a local jurisdiction; provided, however, if one of the oil companies causes
damage to a portion of a road that is jointly used by the oil companies and Surface Owner and
that was constructed to the specifications in section 3.f(I), then the oil company shall promptly
repair any damage that is a direct result of its use of the road.
f. Construction and Width of Access Roads.
(I) Access roads or portions of access roads that are jointly used by the oil
companies and Surface Owner shall be thirty (30) feet or more in width, and, when Surface
Owner constructs surface roads on the Property, Surface Owner shall construct or improve all
paved or improved joint access roads so as to withstand the weight of oilfield equipment.
Specifically, Surface Owner shall construct the roads so that they can be used to withstand the
weight of 104,000 pounds and 26,000 pounds per axle.
(2) Access roads or portions of access roads that are used exclusively by the
oil companies shall be generally thirty (30) feet or more in width, and the oil companies shall
install and maintain such roads or portions of roads to those state and local standards that apply
to oil and gas operations.
g. If Surface Owner proposes to construct roads that will cross over pipelines that
are then installed on the Property, Surface Owner shall pay the applicable oil company the costs
3
to have the oil company sleeve the portions of the pipelines that are to be crossed by the roads,
such payment to be made in advance of the work. Surface Owner shall not install the portion of
the road that crosses a pipeline until the pipeline has been sleeved.
h. Surface Owner agrees that it will obtain and pay the costs to obtain from the local
jurisdiction,permits for curb cuts as deemed necessary by the oil companies. Said curb cuts shall
be forty(40) feet in width.
5. Pipelines, Flowlines and Pipeline Easements.
a. Pipeline easements shall be at the locations identified on Exhibit 2.
b. Locations of pipelines and such easements may be changed by mutual agreement
of Surface Owner and the appropriate oil company or oil companies; provided, however, all costs
and expenses of such relocations shall be borne by the party which requests the relocation. In the
event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil
company shall provide Surface Owner with a written estimate of the relocation costs which
Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted
up or down, based on actual costs, upon completion of the work and after an itemized statement
is provided to Surface Owner.
c. Pipeline easements shall be fifty (50) feet in width during construction activities
and thirty (30) feet in width for all operations, maintenance and transportation activities.
Flowline easements shall be thirty (30) feet in width for all operations
d. Except as provided in section 5.e. below, pipeline easements shall be for the
exclusive use of oil and gas production operations; provided, however, the easements may be
shared by the oil companies and their lessees, assignees of lessees and successors and assigns.
e. Surface Owner shall have the right to cross pipeline easements with roadways and
other utilities; provided that, such crossing is made at an angle of not less than 60 degrees and
not more than 90 degrees. Surface Owner shall also have the right to install and maintain
easements that are both adjacent to, and within, the easements identified herein, for utility lines,
including those for water, gas, sewer, electric, telephone, cable, television, and fiber optic and
other pipelines; provided, however; i) any new underground facilities that travel along a pipeline
easement identified herein shall be located a distance horizontally of at least ten (10) feet from
parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24)
inches of vertical clearance between such new facility and a pipeline provided for herein; and iii)
any overhead power lines shall be at least twenty (20) feet above the ground. Surface Owner
agrees that, and will notify each utility company that, except in cases of emergency, the oil
companies must be contacted at least ten business days prior to commencement of any trenching
or digging activities within ten feet of their easement areas.
f. Surface Owner shall grant the pipeline easements reflected on Exhibit 2 (for
production from the Property and/or other lands) to the Anadarko Entities at the time the
i Anadarko Entities request them and at no cost to them.
4
g. Surface Owner will provide the oil companies with at least fourteen (14) days
advance written notice before it begins to pave current and future streets and access routes, as
applicable, in order to allow the oil companies to lay new flowlines or pipelines that cross
underneath the streets or access routes. If Surface Owner does not give the notice required
herein, the oil companies may bore underneath the paved streets and access routes, such costs
and expenses for the boring to be paid by Surface Owner.
6. Plats and Local Applications. Surface Owner shall identify the Oil and Gas
Operations Areas, Production Facility Locations and all access routes and pipeline easements on
its plats and in all applications for development it files with a local jurisdiction, and the plats
shall include restrictions that no property line or temporary or permanent building, structure or
other improvement related to the surface development shall be located, constructed or installed
within the Oil and Gas Operations Areas, Production Facility Locations or pipeline easements.
Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and
provide written evidence to the Oil Companies of the recording.
7. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface
damage payments and other such payments for the use of the Property or portions thereof
pursuant to any current or future COGCC or local regulation, state statute, common law or prior
agreement for each and every well and related wellsite that is or will be drilled and located
within the Oil and Gas Operations Areas and for associated oil and gas equipment and facilities
to be located within the Oil and Gas Operations Areas and the Production Facility Locations and
for flowlines, access routes and pipeline easements. The Anadarko Entities or their lessees or
their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction,
person or entity or court of law as evidence of this waiver.
8. Waiver of Setback Requirements. Surface Owner understands and acknowledges
that the COGCC has rules and regulations that apply to the distance between a wellhead and
public roads, production facilities, building units and surface property lines, among other things.
Surface Owner hereby waives all setback requirements in COGCC Rule 603, or any successor
rule or amendment to the COGCC setback rules, and to any other state or local setback
requirements or other requirements or regulations that are or become inconsistent with this
Agreement or that would prohibit or interfere with the rights of the Anadarko Entities, or their
successors and/or assigns, to explore for and produce the oil and gas in accordance with this
Agreement. Surface Owner understands that the Anadarko Entities may cite the waiver in this
section 8 in order to obtain a location exception or variance under COGCC rules or from a local
jurisdiction.
9. Governmental Proceedings.
a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in
any forum to the use by the Anadarko Entities of the surface of the Property consistent with this
Agreement and hereby waives any such right to object. Surface Owner further agrees that it will
provide such other written approvals and waivers that are requested by the Anadarko Entities and
consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a
well or to conduct oil and gas operations on the Property because of any law or regulation,
5
including any local ordinance and regulations of the COGCC, and including, for example,
waivers to state and local setback requirements and to any setback requirements from a surface
property line or for an exception location. Surface Owner waives any rights it has to require or
request a surface inspection for wells proposed to be drilled on the Property for the purpose of
requesting that conditions be attached to a permit to drill the well. Surface Owner further
consents to the location of multiple wells within an Oil and Gas Operations Area that are greater
or less than fifty feet apart so long as all such wells are located within the Oil and Gas
Operations Area.
b. Oil Companies Will Not Object. The Anadarko Entities agree that they will not
object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or
any portion of the Property to extent such request is consistent with this Agreement and the
attached Exhibits.
10. Notices of Hearings. Surface Owner shall provide the Anadarko Entities with
written notice not less than thirty (30) days before each hearing for consideration of a plat
application or other land use application for the Property or portions of the Property to be held
before a local jurisdiction.
11. Notice to Homeowners and Builders. Surface Owner shall furnish all builders
and purchasers which purchas- all or any portion of the Property that is within 350 feet from an
Oil and Gas Operations Area or a Production Facility Location or a flowline or pipeline
easement, with a plat that shows the locations of the Oil and Gas Operations Areas, Production
Facility Locations and the flowlines and pipeline easements. In addition, Surface Owner shall
provide written notice to all such purchasers that includes the following:
i. they are not purchasing and will not own any rights in the oil, gas and
mineral estate in and to the Property;
ii. there may be ongoing oil and gas operations and production on the surface
of the Property within the Oil and Gas Operations Areas, Production Facility Locations,
pipelines and flowline easements and access routes;
iii. there are likely to be additional wells drilled and additional oil and gas
production facilities constructed and installed within the Oil and Gas Operations Areas
and/or the Production Facility Locations and additional flowlines and pipelines
constructed and maintained on the Property;
iv. heavy equipment will be used by the Anadarko Entities from time to time
for oil and gas drilling and production operations and such operations may be conducted
on a 24-hour basis; and
v. homeowner associations and buyers of individual lots or homes will be
subject to and burdened by all of the covenants and waivers made by Surface Owner in
this Agreement, including, but not limited to those covenants and waivers; a) prohibiting
the location of any temporary or permanent building, structure, or other improvement
6
within the Oil and Gas Operation Areas and Production Facility Locations; b) waiving
objections to the drilling of wells,the construction of facilities, and the conduct of oil and
gas operations on the Property consistent with this Agreement; c) waiving surface
damage payments; d) waiving objections to the setback requirements under the rules of
the COGCC or any local jurisdiction; and e) granting the easements as described in this
Agreement.
12. Notice of Oil and Gas Operations. The Anadarko Entities shall provide the
applicable owners of the surface estate with notice of drilling operations and subsequent well
operations in accordance with COGCC rules and regulations.
13. Impact Mitigation. Surface Owner shall bear all costs to install such noise and
visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil
and Gas Operations Areas and the Production Facility Locations that are in excess of or in
addition to those measures that are required by COGCC regulations for areas that are not high
density; provided, however, the operator of the well within the particular Oil and Gas Operations
Area or Production Facility Location shall have reasonable discretion to veto or protest the types
and locations of impact mitigation measures in order to allow for safe oil and gas operations.
14. Compliance with Kerr-McGee's General Guidelines. Surface Owner
acknowledges that it has received a copy of a document from the Anadarko Entities titled
"General Guidelines for Design and Construction Activities On or Near Kerr-McGee Gathering
LLC and Kerr-McGee Rocky Mountain Corporation Pipeline and Related Facilities" (Revision
3/01/2004) with which Surface Owner agrees to comply.
15. Individual Liability of Oil Companies. Nothing in this Agreement is intended to
create a cause of action by any oil company against any other oil company or to enlarge or
diminish any right or interest created by any agreement or lease or assignment of lease between
or among the oil companies. Nothing in this Agreement creates any leasehold rights or gives any
mineral rights to an oil company where none exists. The liability of the oil companies to perform
any obligation hereunder or to comply with any agreement included herein or with any state or
local rule or regulation is individual and several and not joint or collective. This Agreement does
not create a joint venture or partnership between or among the oil companies. The Anadarko
entities shall in no event be liable for the acts or omissions of their lessees or farmoutees or the
assignees or contractors and subcontractors of any of them.
16. Application to Oil and Gas Interests Owned by the Oil Company. This Agreement
applies to the Anadarko Entities only to the extent that each entity owns oil and gas interests or
oil and gas leasehold interests in the Property.
17. Authority to Execute Agreement. Each party represents that he/she/it has the full
right and authority to enter into this Agreement with respect to the surface rights, oil and gas
interests, or oil and gas leasehold interests he/she/it owns in the Property, as applicable.
18. No Waiver of Rights. The Anadarko Entities do not waive the rights they have
pursuant to each of their respective oil and gas interests to explore for, drill and produce the oil
7
and gas for the Property or for ingress and egress to the Oil and Gas Operations Areas and
Production Facility Locations, except as specifically provided in this Agreement.
19. Successors and Assigns. This Agreement and all of the covenants in it shall be
binding upon the subsequent lessees and assignees of lessees and the personal representatives,
heirs, successors and assigns of the parties, and the benefits of this Agreement shall inure to all
of them. This Agreement and all of the covenants in it shall be covenants running with the land.
20. Recording. Surface Owner shall record this Agreement with the Clerk and
Recorder of Weld County and provide evidence to the Oil Companies of the recording.
21. Governing Law. The validity, interpretation and performance of this Agreement
shall be governed and construed in accordance with the laws of the State of Colorado, without
reference to its conflicts of laws provisions.
22. Construction. The parties have participated jointly in the negotiating and drafting
of this Agreement. In the event ambiguity or question of intent or interpretation arises, this
Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden
of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement. Any reference to any federal, state, local or foreign statute or law
shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the
context requires otherwise. The word"including" shall mean including, without limitation.
23. Severability. If any part of this Agreement is found to be in conflict with
applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such
laws; however, the remainder of this Agreement shall be in full force and effect. In the event
that any part of this Agreement would otherwise be unenforceable or in conflict with applicable
laws due to the term or period for which such part is in effect, the term or period for which such
part of this Agreement shall be in effect shall be limited to the longest period allowable which
does not cause such part to be unenforceable or in conflict with applicable laws.
24. Notices. Any notice or communication required or permitted by this Agreement
shall be given in writing either by: a) personal delivery; b) expedited delivery service with proof
of delivery; c) United States mail, postage prepaid, and registered or certified mail with return
receipt requested; or d) prepaid telecopy or fax, the receipt of which shall be acknowledged,
addressed as follows:
Anadarko E&P Anadarko E&P Company LP
and Anadarko Land: c/o Anadarko Petroleum Corporation
Attention: Land Manager—Western Division/CBM
Post Office Box 9149
Houston, Texas 77380-9149
8
Surface Owner: Robert Buderus
Denver, Colorado 80
Any party may, by written notice as provided in this section, change the address of the
individual to whom delivery of notices shall be made thereafter.
25. Incorporation by Reference. Exhibits 1 and 2 are incorporated into this
Agreement by this reference.
26. Entire Agreement. This Agreement sets forth the entire understanding among the
parties and supersedes any previous communications, representations or agreements, whether
oral or written. No change of any of the terms or conditions herein shall be valid or binding on
any party unless in writing and signed by an authorized representative of each party.
27 Counterpart Executions. This Agreement may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the dates set forth in the acknowledgments, but
to be effective on the date first above written.
ANADARKO E&P COMPANY LP
By:
Name:
Its:
ANADARKO LAND CORP.
By:
Robert Buderus, an individual Name:
Its:
9
ACKNOWLEDGMENTS
STATE OF COLORADO )
) ss.
City and County of Denver )
The foregoing instrument was acknowledged before me this day of
2007 by , as for
ANADARKO E&P COMPANY LP.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
City and County of Denver )
The foregoing instrument was acknowledged before me this day of
2007 by as for
ANADARKO LAND CORP.
Witness my hand and official seal.
My Commission expires:
Notary Public
10
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2007 by Robert Buderus, an individual.
Witness my hand and official seal.
My Commission expires:
Notary Public
11
Exhibit 1
to
Surface Use Agreement
effective ,2007
among Anadarko E&P Company LP,Anadarko Land Corp.,
and Robert Buderus, an individual
Township 7 North,Ranee 67 West
Section 5: W/2SE/4; E/2SW/4
Weld County, Colorado
12
AGREEMENT CONCERNING CERTAIN MINERAL RIGHTS
THIS AGREEMENT is effective this day of , 2007, between
ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation
("Anadarko Land"), with an address for business of Post Office Box 1330, Houston, Texas 77251-
1330 and Robert Buderus, an individual ("Surface Owner"), with an address of
, Denver, Colorado 80
A. Surface Owner owns the surface estate for property located in Weld County,
Colorado, generally in portions of the W/2SE/4 and the E/2SW/4 of Section 5, Township 7 North,
Range 67 West, which Surface Owner proposes to develop for residential and other uses and which
is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property."
B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid
hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and
associated liquid hydrocarbons for the Property.
C. The mineral resources exclusive of oil, gas and associated liquid hydrocarbons that
underlie the Property are hereinafter referred to as the"Minerals."
D. This Agreement provides for the relinquishment by Anadarko Land to Surface
Owner of the surface rights for the Minerals for the Property; it does not in any respect apply to the
oil, gas and associated liquid hydrocarbons for the Property that are owned by Anadarko Land and
Anadarko E&P Company LP, an affiliate of Anadarko Land, that are the subject of a surface use
agreement among the Anadarko entities and Surface Owner.
NOW THEREFORE, in consideration of the covenants and mutual promises set forth in this
Agreement, including in the recitals,the parties agree as follows:
1. Relinquishment and Quitclaim Document.
a. Anadarko Land agrees to provide Surface Owner with a relinquishment
document in which Anadarko Land relinquishes to Surface Owner the surface rights
for the Minerals for the Property, generally in the form attached to this Agreement as
Exhibit 2.
b. Surface Owner shall pay Anadarko Land the amount of Five Thousand
Dollars ($5000.00) for the relinquishment document for the sixty acres included in
the Property.
c. Surface Owner shall make the payment to Anadarko Land, and Anadarko
Land shall provide the relinquishment document to Surface Owner within thirty (30)
days from the date that a local jurisdiction approves a final plat for all or any portion
of the Property.
2. Default on Payment when Due.
If Surface Owner fails or refuses to make the payment described in section 1.b. within the
time provided in section 1.c., the amount due shall bear interest from the date of default at the lesser
rate of either twelve percent (12%) per annum or the maximum amount of non-usurious interest.
Anadarko Land shall be entitled to collect all reasonable costs and expenses of collection and/or
suit, including but not limited to, court costs and reasonable attorneys fees.
3. Recording of Memorandum of Agreement.
A memorandum of this Agreement shall be recorded with the Clerk and Recorder of Weld
County in the form attached to this Agreement as Exhibit 3.
4. Adjustment to Purchase Price.
The amount of the purchase price for the relinquishment document provided for in section
1.b. shall increase each year from the date of this Agreement in accordance with the Consumer
Price Index so that the amount of the purchase price due after one year from the date of this
Agreement shall be the amount of the purchase price plus an amount of money which reflects the
sum of the percentage of increase in the Consumer Price Index to the date that Surface Owner
makes the payment.
5. Application and Term of Agreement.
This Agreement and the terms included in this Agreement are conditioned upon final plat
approval being given by a local jurisdiction for all or portions of the Property within three (3) years
from the date of this Agreement; provided, however, this Agreement and its terms shall
automatically apply to all of the Property when any portion of the Property is given final plat
approval.
6. Successors and Assigns.
This Agreement and all of the covenants in it shall be binding upon the personal
representatives, heirs, successors and assigns of the parties, and the benefits of this Agreement shall
inure to their personal representatives, heirs, successors and assigns. This Agreement and all of the
covenants in it shall be covenants running with the land.
7. Governing Law.
The validity, interpretation and performance of this Agreement shall be governed and
construed in accordance with the laws of the State of Colorado.
8. Severability.
If any part of this Agreement is found to be in conflict with applicable laws, such part shall
be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this
2
Agreement shall be in full force and effect. In the event that any part of this Agreement would
otherwise be unenforceable or in conflict with applicable laws due to the term or period for which
such part is in effect, the term or period for which such part of the Agreement shall be in effect shall
be limited to the longest period allowable which does not cause such part to be unenforceable or in
conflict with applicable laws.
9. Notices.
Surface Owner shall provide thirty (30) days advance written notice of all hearings in local
jurisdictions on applications for development as defined in C.R.S. §24-65.5-101 et. seq.
Notices or communications required or permitted by this Agreement shall be given in
writing either by: i) personal delivery; ii) expedited delivery service with proof of delivery; iii)
United States mail, postage prepaid, and registered or certified mail with return receipt requested; or
iv) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows:
To Anadarko Land: Anadarko Land Corp. c/o Anadarko Petroleum Corporation
Attn: Don Ballard
Post Office Box 1330
Houston, Texas 77251-1330
To all Surface Owners: Robert Buderus
Denver, Colorado 80
Notices shall be effective upon receipt and any party may change an address by notice to the
other party.
10. Incorporation of Exhibits.
Exhibits 1 2 and 3 are incorporated into this Agreement by this reference.
11. Counterpart Executions.
This Agreement may be executed in counterparts, each of which shall be deemed as original,
but all of which together shall constitute one and the same instrument.
12. Entire Agreement.
This Agreement sets forth the entire understanding among the parties and supercedes any
previous communications, representations or agreements, whether oral or written. No change of any
of the terms or conditions herein shall be valid or binding on any party unless in writing and signed
by an authorized representative of each party.
3
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the date set forth in the acknowledgement, to be
effective on the date first above written.
ANADARKO LAND CORP.
By:
Name: Robert Buderus, an individual
Its:
4
ACKNOWLEDGMENTS
STATE OF TEXAS )
) ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
, 2007 by as for
ANADARKO LAND CORP.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2007,
by Robert Buderus, an individual.
Witness my hand and official seal.
My Commission expires:
Notary Public
5
Exhibit 1
to
Agreement Concerning Certain Mineral Rights
effective , 2007
between Anadarko Land Corp. and Robert Buderus, an individual
Legal Description
Township 7 North,Ranee 67 West
Section 5: W/2SE/4; E/2SW/4
Weld County, Colorado
6
7
Exhibit 2
to Agreement Concerning Certain Mineral Rights effective ,2007
between Anadarko Land Corp. and Robert Buderus, an individual
RELINQUISHMENT AND QUITCLAIM
THIS RELINQUISHMENT AND QUITCLAIM is effective this day of
, 2007, between ANADARKO LAND CORP., formerly known as Union
Pacific Land Resources Corporation, with an address of Post Office Box 1330, Houston, Texas
77251-1330 (hereinafter "Anadarko Land") and Robert Buderus, an individual (hereinafter
"GRANTEE"), with an address of , Colorado 80 .
WITNESSETH:
RECITALS
1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that
are described on attached Exhibit A and are hereinafter referred to as the "Subject
Lands."
2. By deed dated October 25, 1906 recorded on November 3, 1906 in the Office of the Clerk
and Recorder of Weld County in Book 233 at Page 58, Union Pacific Railroad Company
conveyed to Burton D. Sanbom certain real estate in Weld County, Colorado, a portion of
which are the Subject Lands. Said deed was made subject to the reservation by the
grantor of, among other things, all oil, coal and other minerals within or underlying the
lands described in the deed.
3. By quitclaim deed dated April 1, 1917 recorded on April 14, 1971 in the Office of the
Clerk and Recorder of Weld County in Book 644 at Reception No. 1565712, Union
Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all
of its right, title, and interest in and to certain real estate in Weld County, Colorado, a
portion of which was the Subject Lands.
4. This Relinquishment and Quitclaim relates to surface entry only for the minerals other
than the oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the
Subject Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are
hereinafter referred to as "Minerals."
1
RELINQUISHMENT AND QUITCLAIM
NOW THEREFORE, Anadarko Land for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is
hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these
presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, his grantees,
successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface
of the Subject Lands to explore for and remove the Minerals by virtue of the reservation
contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right
to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to
leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that
deed, it being expressly understood that Anadarko Land's title to the Minerals shall be in no way
affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land
shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by
means of operations conducted on the surface of other lands or otherwise by any means or
methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without
entering upon or using the surface of the Subject Lands, and in such manner as not to damage the
surface of the Subject Lands or to interfere with the use thereof by GRANTEE, his grantees,
successors and assigns.
This Relinquishment and Quitclaim is made subject to the specific understanding that all
of the terms, conditions, provisions and reservations contained in the deed dated October 25,
1906 referenced in Recital 2 and not heretofore relinquished shall continue in full force and
effect with respect to all lands conveyed thereby and not covered by this Relinquishment and
Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and
reservations contained in that deed and not relinquished hereunder shall continue in full force
and effect with respect to the Subject Lands.
IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and
Quitclaim on the date set forth in the acknowledgment, to be effective on the date first written
above.
ANADARKO LAND CORP.
By:
Name:
Its:
2
STATE OF TEXAS )
) ss.
County of Montgomery )
The foregoing instrument was acknowledged before me this day of
, 2007, by , as for
ANADARKO LAND CORP.
My Commission expires:
Witness my hand and official seal.
Notary Public
3
EXHIBIT A
to
Relinquishment and Quitclaim
effective , 2007
between Anadarko Land Corp. and Robert Buderus, an individual
Legal Description
Township 7 North,Range 67 West
Section 5: W/2SE/4; E/2SW/4
Weld County, Colorado
4
A PARCEL OF LAND LOCATED IN EAST HALF OF SECTION 33, T2N, MEW OF THE 6TH
PRINCIPAL &WRIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
OldidEfreata AT THE SOUTH QUARTER CORNER OF SAID SECTION 33 WHENCE THE
SOUDMEST COMER OF SAID SECTION 33 BEARS S89'5192'W,2644.30 FEET AND BEING
DIE BASIS FOR ALL BEARINGS CONTAINED HEREIN: THENCE N0r07'27'W, 30.00 FEET
ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 33,TO THE NORTHERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 14(WITH STREET)AS DESCRIBED IN TIE ORDER
OF ME BOARD OF COUNTY COMISSSIONERS RECORDED JANUARY 16,1888 IN BOOK 48 AT
PAGE 133 IN TIC OFFICE OF TIE WELD COUNTY CLERK AM)RECORDER,BEING ALSO THE
paw OF BEGINNING'
THENCE CONTINUING N00'07'271M,2806.83 FEET ALONG SAID NORTH-SOUTH CENTERLINE
OF SECTION 33,TO THE CENTER QUARTER CORIFR OF SAID SECTION 33;
THENCE CONTINUING NOIrui 4R W.164.72 FEET ALONG SAID NORTH-SOUTH CENTERLINE
OF SECTION 33,TO THE APPROXIMATE CENTERLINE OF FULTON DIICHI;
THENCE SOUTHERLY ALONG SAID APPROXIMATE CENTERLINE OF FULTON DITCH THE
FOLLOWING ELEVEN(11)COURSES:
1) S46 In at.161.56 FEET;
2) 828'34'06^E,237.88 FEET:
3) 5171)4'551,155.48 FEET;
4) 868'1825'E,40E68 FEET;
5) S74'00'OTE,12228 FEET;
8) 645'23'07*E,173.34 FEET;
tr` 7) 815'5813'E,92.72 FEET;
8) 80B'12'24'W,208.15 FEET;
9) SOQ'08'23'E,360.18 FEET;
10) 81191143"E,362.01 FEET;
11) 829'3023"E, 84.81 FEET TO A LINE WHICH IS 60.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LIE OF TIE NORTHEAST QUARTER OF SAID
SECTION 33;
THENCE N89'59'93'E,1452.12 FEE ALONG SAID PARALLEL LIE,TO THE WESTERLY RIGHT-
OFWAY LIfE OF WELD COUNTY ROAD 31 AS CONVEYED BY THE WARRANTY DEED
RECORDED MAY 23, 1980 IN BOOK 904 AT RECEPTION NUMBER 1825641 IN SAID WELD
COUNTY RECORDS;
THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO
(2)COURSES:
1) 811'0618°E,1800.31 FEET TO A POINT OF CURVATURE;
2) 49024 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,WAVING A CENTRAL
ANGLE OF 07'24'49',A RADIUS OF 3788.72 FEET,AND A CHORD WHICH BEARS
807'2557E, 489.90 FEET TO A NON-TANGENT COURSE BEING THE EASTERLY
EXTENSION OF THE NORTHERLY LINE OF LOT 1, MCPHERSON-CERETTO
SUBDIVISION,A PUT RECORDED SEPTEMBER 21,2004 AT RECEPTION NUMBER
3220873 IN SAID WELD COUNTY RECORDS;
THENCE N89'41'17-W, 828.49 FEET ALONG SAID EASTERLY EXTENSION AND THE
NCRNERLY LIE OF SAID LOT 1,AM)THE NORTHERLY LIE OF THE PARCEL DESCRIBED
IN THE WARRANTY DEED RECORDED DECEMBER 13,2004 AT RECEPTION NUMBER 3243249
IN SAID WELD COUNTY RECORDS TO THE NORTHWEST CORNER OF SAID PARCEL
THENCE S00'OB'NE,418.65 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO SAID
NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14(NINTH STREET);
THENCE N60'41'17'W,1748.38 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY UNE TO TIC
POINT OF BEGINNING
CONTAINS 159.525ACRES,MORE OR LESS.
Exhibit 3
to
Agreement Concerning Certain Mineral Rights
effective , 2007
between Anadarko Land Corp. and Robert Buderus, an individual
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is effective this day of
, 2007, between and among ANADARKO LAND CORP., formerly known as
Union Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of
Post Office Box 1330, Houston, Texas 77251-1330 and Robert Buderus, an individual ("Surface
Owner"), with an address of , Denver, Colorado 80
A. Surface Owner owns the surface estate for property located in Weld County,
Colorado, generally in portions of the W/2SE/4 and the E/2SW/4 of Section 5, Township 7
North, Range 67 West, which Surface Owner proposes to develop for residential and other uses
and which is more specifically described in the attached Exhibit A and referred to hereinafter as
the"Property."
B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid
hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and
associated liquid hydrocarbons for the Property.
C. The minerals exclusive of oil, gas and associated liquid hydrocarbons that
underlie the Property are hereinafter referred to as the "Minerals."
D. Anadarko Land and Surface Owner have entered into an agreement that provides
for the sale by Anadarko Land to Surface Owner of certain surface rights associated with the
Minerals for the Property that is entitled "Agreement Concerning Certain Mineral Rights"
("Agreement").
E. The oil, gas and associated liquid hydrocarbons that underlie the Property are not
the subject of the Agreement; however, they are the subject of a surface use agreement among
Anadarko Land, Anadarko E&P Company LP (an affiliate of Anadarko Land) and Surface
Owner.
F. The parties desire, through the execution and recording of this Memorandum, to
reaffirm and give notice of the Agreement and the rights and interests created in the Agreement.
NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in
the Agreement and this Memorandum of Agreement, including in the recitals, the parties agree
as follows:
1
1. Anadarko Land has granted to Surface Owner the right to purchase a
relinquishment document for the surface rights for the Minerals under the terms, provisions and
conditions set forth in the Agreement.
2. This Memorandum is not a complete summary of the Agreement and shall not be
used in interpreting the provisions of the Agreement, nor in any way or manner does it amend,
modify or affect the terms, provisions, conditions and exceptions of the Agreement, and the
Agreement shall govern and control in all respects, the duties, obligations, covenants, warranties
and agreements of the parties.
3. Exhibit A is incorporated into this Memorandum by this reference.
4. This Memorandum shall be recorded in the Office of the Clerk and Recorder of
Weld County.
5. This Memorandum may be executed in counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date
set forth in the acknowledgment,to be effective as of the date first above written.
ANADARKO LAND CORP.
By:
Name:
Its:
Robert Buderus, an individual
r
2
ACKNOWLEDGMENTS
STATE OF TEXAS )
) ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
2007 by as for ANADARKO LAND
CORP.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2007 by Robert Buderus, an individual.
Witness my hand and official seal.
My Commission expires:
Notary Public
3
Exhibit A
to
Memorandum of Agreement
effective ,2007
between Anadarko Land Corp. and Robert Buderus, an individual
Legal Description
Township 7 North,Range 67 West
Section 5: W/2SE/4; E/2SW/4
Weld County, Colorado
4
SKETCH PLAN DRAINAGE REPORT
FOR
SERENITY VIEW ESTATES P.U.D.
Lot B of Recorded Exemption 0705-05-3 RE 3684
South Half Section 5, Township 7 North,
Range 67 West of the 6th Principal Meridian
Prepared for:
Mr. Robert L. Buderus
2932 East Vine Drive
Fort Collins, Colorado 80524
(970)493-0130
Project Number: 1009-0601
May 10, 2007
Prepared by:
Mr. Jeff Couch, P.E.
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, Colorado 80528
(970)231.9937
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970)231-9937
May 10, 2007
— Mr. Roger Caruso, Planner
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Sketch Plan Drainage Report for
Serenity View Estates P.U.D.
(PZ-1131)
Dear Roger:
We are pleased to submit this Sketch Plan drainage report for the proposed Serenity View Estates
— .._ P.U.D.
We have maintained existing drainage and irrigation patterns within this project.. We have also
added a detention pond and all runoff is directed towards this pond outlet located at the southwest
corner of the site. This concept eliminates runoff which could impact downstream properties.
Please review this information at your eadiest convenience. We look forward to working with you
on this project.
Sincere ,
4/Z
J ouch,PE
Cc: Robert L. Buderus
PROFESSIONAL ENGINEER'S
CERTIFICATION
I hereby certify that this Sketch Plan Drainage Report for Serenity View Estates P.U.D. was
prepared by me in accordance with requirements outlined in Section 24-7-110 of the Weld County
Code.
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Jeffrey W. Couch
Registered Professional Engineer
State of Colorado Number 16584
TABLE OF CONTENTS
Section 1 General Property Information
A Legal Description
B General Location
C Description of Property
D Adjacent Developments
Section 2 General Description of Proposed Subdivision
A Area
B Ground Cover
C General Topography
D General Soil Conditions
— E Irrigation Ditches
F Drainage Way
_ - Section 3 Drainage Basins and Sub-basins
A Major Basin Description
B Sub-basin Description
Section 4 Drainage Facility Design
Section 5 Erosion Control
A General Concept
B Specific Improvements
Section 6 Conclusion
Section 7 Appendices
LIST OF FIGURES
Figure 1 Vicinity Map
Figure 2 Regional Drainage Patterns
Figure 3 Proposed Subdivision
SECTION 1 GENERAL PROPERTY INFORMATION
A. Legal Description
The property is described legally as Lot B of Recorded Exemption Number 0705-05-3 RE
3684 Located in the South Half of Section 5, Township 7 North, Range 67 West of the Sixth
Principal Meridian, Weld County, Colorado as recorded at Reception Number 3154844 on
February 18, 2004.
B. General Location
—
The property is located just north of Severance, Colorado along the north side of Weld
County Road 84 and 1200 feet east of Weld County Road 15. The most direct access to the site is
provided by taking Colorado State Highway to Weld County Road 15. Then traveling north one
mile along Weld County Road 15, a paved road, to Weld County Road 84. Then proceeding east
on Weld County Road 84, a gravel road, approximately one-quarter mile to the site. There are no
other public transportation facilities located in this area. (See Vicinity Map.)
C. Description of Property
The property is a vacant parcel of property with a native grass cover. The property slopes
from east to west and has not been cultivated in over ten years. The area is typically rural in
character although several minor subdivisions are currently proposed in the area. The Cactus Hill
Irrigation Ditch runs along the east property line.
D. Adjacent Developments
The project is currently adjacent to vacant parcels to the east and north although a nine lot
minor subdivision has been approved along the north property line. This subdivision is proposed
as the Sorrel Ridge P.U.D. Two large parcels with single residences are located to the east.
Immediately to the south are several irrigated agricultural parcels. Prairie Ridge, an existing nine
lot minor subdivision, is located to the southeast.
SECTION 2 GENERAL DESCRIPTION OF PROPOSED SUBDIVISION
A. Area
The parcel contains 59.38 acres.
B. Ground Cover
The parcel has not been cultivated in several years. A sparse ground cover of weeds and
native grasses currently inhabit the site. There are no major trees or shrubs located on the
property. No wetlands or ponding areas are located on the project.
C. General Topography
The parcel slopes uniformly from east to west at a slope of approximately 2%.
D. General Soil Conditions
The soil is classified as sandy, clay loam. These soils are stable and conducive to
residential development and individual sewage disposal systems. No evidence of erosion or
geological disturbances are located on the site.
E. Irrigation Ditches
The Cactus Hill Lateral runs along the east boundary of the parcel.
Serenity View Estates P.U.D. was historically irrigated from this ditch. Property to the east
is higher than the project site and could not historically be irrigated from this ditch. Two head
gates, one in the middle of the site and one at County Road 84 divert water for irrigation purposes
to this project and to property south of County Road 84.
It is anticipated that the Cactus Hill Lateral Ditch will be replaced with a pressurized pipe
system within the next three years.
F. Drainage Way
There are no major drainage improvements in this area. Runoff was typically sheet flow
and traveled from east to west towards Weld County Road 18 and Weld County Road 84.
Roadside ditches intercepted the flows and conveyed them to natural drainage ways west of the
project site. (See Regional Drainage Exhibit.)
SECTION 3 DRAINAGE BASINS AND SUB-BASINS
A. Major Basin Description
The major drainage basin is located along a ridge line which runs southeasterly between
Wellington and Severance, Colorado. Serenity View Estates P.U.D. is located on the west facing
slope of this ridge and runoff is tributary to the Cache la Poudre River. This area remains primarily
agricultural with sparse residential subdivisions. Historical runoff patterns are maintained in this
area.
Because Serenity View Estates P.U.D. is located near the existing ridge line, there are no
flood ways or flood plains identified.
The Cactus Hill Lateral runs approximately 1,000 feet below and parallel to the ridge line.
Historically, flows from this upper area have been intercepted by the ditch. Future plans for the
irrigation lateral are to replace it with a buried pipe which will allow runoff to run unimpeded from
east to west.
B. Sub-basin Description
Historically, runoff sheet flowed from east to west in this area. Flows from the project site
ran to the southwest corner of the site. Flows continued to the south, however, there is no culvert
under Weld County Road 84 and no definite drainage route is evident in this area.
Approximately 24 acres of area above the irrigation ditch run towards this site. These
flows were intercepted by the ditch and conveyed to Weld County Road 84 where flows spilled into
roadside ditches. It is proposed that these flows be routed through the subdivision.
SECTION 4 DRAINAGE FACILITY DESIGN CONCEPT
As a large lot residential subdivision, it is not anticipated that overiot grading be completed.
It is also anticipated that all historical drainage and irrigation patterns be maintained in anticipation
of a future pressurized irrigation system. These assumptions result in the following drainage
requirements.
1. Upstream runoff collection ditch
2. Lot line swales
3. Road side ditches
4. Detention pond
5. Outlet structure
6. Modification to Weld County Road 84 to facilitate runoff to natural drainage swales
It is important to note that property to the north, south and west of this site do not drain onto
the site. Runoff from this project does not impact adjacent properties.
The installation of these improvements will convey 100 year flows to a detention pond /control
structure which will eliminate major off-site impacts. The control structure will release runoff at a
five year historic rate which is substantially less than existing flows.
All collection swales will be dirt swales with appropriate erosion protection. All pipes under
roads and driveways will be corrugated metal pipe. The outlet works will involve a concrete outlet
and water quality structure. Since overlot grading is not anticipated, roadway grading will conform
to existing terrain slopes.
Maintenance of these facilities, including mowing, cleaning of pips and structures, repairing
erosion problems and stopping encroachments into easements, will be provided through a
Homeowners' Association established as part of the project.
SECTION 5 EROSION CONTROL
Temporary erosion control measures will be installed with this project as follows:
A. Silt fence will be installed along downstream property lines.
B. Waffles will be installed in all swales to control runoff velocity and sediments.
C. Proposed detention ponds will be graded and utilized as temporary sediment
holding facilities.
D. Gravel filters will provide detention pond outlet protection and protection of all
inlets.
Permanent erosion control measures will include the following:
A. Roof and pavement covered areas relating to the building construction.
B. Grass and rock cover installed in open space areas.
C. Detention pond will include water quality outlet boxes which will provide an
extended detention design.
SECTION 6 CONCLUSION
Since this project is located close to the top of the ridge line, off-site impacts are minimal.
The project will accommodate off-site flows from the east and on-site flows through a
system of roadside swales to a detention pond. This control structure will store increased runoff
from rain events. An outlet structure with orifice plate will reduce runoff to a five year historic rate.
1
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NORTH AMERIC-I N TITLE COMPANY
712 Whalers Way, Bldg. A, Suite 100
Fort Collins, CO 80525
Phone: (970) 282-8800
Fax: (970) 282-4453
Beth Ann Allbrooks , YOUR CLOSER, CAN BE REACHED AT 970-282-9930
Susan L. May , YOUR TITLE OFFICER, C4NBEREAc'HEDAT (970) 484-9803
OUR FILE NO: FSS 236586 C-4 ISSUE DATE: 03/11/04
PROPERTY ADDRESS: TBD REFERENCE#: Dyecrest/Buderu
DELIVER TO:
Prudential Prime Properties Hasler, Fonfara & Maxwell
3665 JFK Parkway, Bldg. 1, Suite 100 125 S. Howes, 6th Floor
Fort Collins, CO 80525 Fort Collins, CO
Tom Smith Tim Hasler
970-226-5511 (970) 493-5070
970-226-3723 (970) 493-9703
Dyecrest Dairy, LLC
1137 N. County Line Road
Fort Collins, CO 80528
Robert L. Buderus Prudential Prime Properties
2932 East Vine Drive 3665 JFK Parkway, Bldg. 1, Suite 130
Fort Collins, CO 80524 Fort Collins, CO 80525
Closing Coordinator
North American Title Company
712 Whalers Way, Bldg. A, Suite 100
Fort Collins, CO 80525
Beth Allbrooks
(970) 282-8800
(970) 282-4453
THANK YOU FOR GIVING US THE OPPORTUNITY TO SERVE YOU
■NORTH
AMERICAN
TITLE
■■COMPANY
Like Clockwork"
•
NORTH
milAMERICAN
JIITITLE
EMICOMPANY
Like chock-wore
THIS COMMITMENT HAS BEEN UPDATED
AS INDICATED BELOW:
SCHEDULE.4
Endorsements added:
Endorsements deleted:
Legal Description amended
Lender added/amended
Lender Clause amended
Caen Amount
X ?-emium
?reposed Insured Buyer)
4' Sales ?-ice
Second lender added/amended
Vested owner
SCHEDULE B -SECTION I
Requirements added:
Requirements deleted:
SCHEDULE B-SECTION?
Exceptions added:
Exceptions deleted:
OTHER
TFL-1-b,t FOL.FOR CHOOSING .V0R.TX.d.LIERICC:V TITLE COMPANY
r imn Lenguage(:ammemem
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
NORTH AMERICAN TITLE COMPANY OF COLORADO
NORTH AMERICAN TITLE COMPANY
712 WHALERS WAY, 3LCG A, SUITE !CO
FORT COLLINS. COLORADO 80525
(970)282-8800 FAX ,970)282-4453
AGREEMENT TO ISSUE POLICY
NCPTH AMERICAN -iT_E ANSURANCE COMPANY. referred to in this C.:mmitment as v-e Comoany,
through is agent. 'cenniiec .cove. eferree to in his Agreement as the.Agent. agrees to issue a policy :0 you
according to the terms of this Commitment. Nhen we snow the policy amount and your name as the proposed
insured in 3c-teethe A. :his Commitment becomes effective as of the Commitment Date shown in Scneduie A.
If the Requirements ;mown n this Commitment ,,ave not oeen met within six months after the
Commitment Date, our coliganon under this Commitment will end.Also, our obligation under this Commitment
will end when the Policy .s 'slued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions M Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule 3-2.
The Conditions on the other side of this page 1.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B.
.
NORTH AMERICAN TITLE INSURANCE COMPANY
"
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SEC?E.ARv
Page 1
CONDITIONS
1. DEFINITIONS
(a) "Mortgage"means mortgage, deed of trust or other security instrument. (b) "Public Records" means title
records that give constructive notice of matters affecting the title according to the state law where the land
is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances
that appear for the first time in the public records or are created or attached between the Commitment Date
and the date on which all of the Requirements (a) and (c) of Schedule B - Section 1 are met. We shall have
no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances,
we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not
tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment,
our liability will be limited to your actual loss caused by your relying on this Commitment when you acted
in good faith to:
comply with the Requirements shown in Schedule B - Section 1
or
eliminate with our written consent any Exceptions shown in
Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and cur
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the
land must be based on this Commitment and is subject to its terms.
NORTH AMERICAN TITLE INSURANCE COMPANY
-----
COMMITMENT FOR TITLE INSURANCE
--_-�_------_-�_-_-__-------SCHEDULE A
A - -"
I. EFFECTIVE DATE:07/01/04 AT 7:30.4.441. FILE NO. FSS 236586 c-4
2. POLICY OR POLICIES TO BE ISSUED:
PREMIUM
(A) ALTA Owner' s AMOUNT: $ 439,450. 00 $ 563 . 00
PROPOSED INSURED:
Robert L. Buderus
PREMIUM
(B) ALTA LOAN POLICY AMOUNT: $ $
PROPOSED INSURED:
PREMIUM
(C) ALTA LOAN POLICY AMOUNT: $ $
PROPOSED INSURED:
PREMIUM WAS C-1LCUL-1 TED AT A Builder Rate
ADDITIONAL CHARGES:
Tax Statement Fee 20 . 30
TOTAL: $ 583 . 00
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT
THE EFFECTIVEDATE HEREOF VESTED IN:
Dyecrest Dairy, LLC, a Colorado Limited Liability Company
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Lot B of Recorded Exemption No. 0705-05-3-RE-3684, being a portion of
the S 1/2 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.
ISSUED BY:
FOR INFORMATIONAL PURPOSES: NORTH AMERICAN TITLE COMPANY OF COLORADO
TBD
By. Susan L. May /Title Officer
ISSUED DATE: 08/11/04 sm/mg
COMMITMENT File No. Fss 236586 C-4
SCHEDULE B - SECTION I
REQUIREMENTS
The following are requirements to be complied with prior to the issuance of said policy or policies:
A. Payment to or for the account of the grantors or mortgagors of full consideration for the estate
or interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and unless
otherwise noted, all documents must be recorded in the office of the clerk and recorder of the
county in which said property is locateiL
C. Partial Release of Deed of Trust from Dyecrest Dairy, LLC to the Public
Trustee of Weld County for the benefit of Bank of Colorado to secure an
indebtedness in the principal sum of $700, 000. 00, and any other amounts
and/or obligations secured thereby, recorded May 3, 2004 at Reception No.
3176010.
D. Partial Release of Deed of Trust from Dyecrest Dairy, LLC to the Public
Trustee of Weld County for the benefit of Bank of Colorado to secure an
indebtedness in the principal sum of $2, 000, 000 . 00, and any other amounts
and/or obligations secured thereby, recorded May 3, 2004 a= Rex--_ =ion No.
3176012.
E. Partial Release of the Deed of Trust from Dyecrest Dairy, LLC a Colorado
Limited Liability Company to the Public Trustee of Weld County for the
benefit of Bank of Colorado to secure an indebtedness in the principal sum of
$2, 100,000 .00, and any other amounts and/or obligations secured thereby,
dated April 22, 2004 and recorded April 28, 2004 at Reception No.
20040039495 (Larimer County) and May 21, 2004 at Reception No. 3182356 (Weld
County) .
F. Partial Release of the Deed of Trust from Dyecrest Dairy, LLC and a Colorado
Limited Liability Company to the Public Trustee of Weld County for the
benefit of Bank of Colorado to secure an indebtedness in the principal sum of
$700, 000 .00, and any other amounts and/or obligations secured thereby, dated
April 22, 2004 and recorded May 3, 2004 at Reception No. 3176010 (Weld County)
and May 21, 2004 at Reception No. 20040048858 (Larimer County) .
G. Partial Release of the Deed of Trust from Dyecrest Dairy, LLC a Colorado
Limited Liability Company to the Public Trustee of Larimer County for the
benefit of Bank of Colorado to secure an indebtedness in the principal sum of
$2, 000,000.00, and any other amounts and/or obligations secured thereby,
dated and recorded May 21, 2004 at Reception No. 20040048860 (Larimer
County) .
(continued)
SCHEDULE B - SECTION 1 - Requirements (cont'd) File No. FSS 236586 0-4
H. Warranty Deed sufficient to convey the fee simple estate or interest in the land
described or referred to herein, to the Proposed Insured.
I . Payment of all taxes and assessments now due and payable. A tax certificate has
been ordered.
J. Evidence satisfactory to North American Title Company of Colorado that all
assessments for common expenses due under the Declaration of Covenants are paid
through the date of closing (if applicable) .
K. Execution of the Company' s lien affidavit by the Owner(s) . In the event the lien
affidavit discloses the existence of new construction on the property within the
past 6 months or plans for the commencement of new construction, additional
requirements may be made.
COMMITMENT File No. FSS 236586 O-4
SCHEDULE B - SECTION 1 Notes
NOTE: PURSUANT TO C.R.S. 30-10-406(3)(a) ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING
IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH
AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF OF AN INCH. THE CLERK AND
RECORDER WILL REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM TO
REQUIREMENTS OF THIS PARAGRAPH.
NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE
EXCEEDS 5100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING
PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-122), THE COMPANY WILL NOT ISSUE ITS
POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS
BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM
THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE
PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
NOTE: PURSUANT TO SENATE SILL 91-14 (C.R.S. 10-11-122) NOTICE IS HEREBY GIVEN THAT:
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL
BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S
AUTHORIZED WENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF
SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY
COMMISSIONERS.THE COUNTY CLERK AND RECORDER. OR THE COUNTY
ASSESSOR.
NOTE: PURSUANT TO C.R.S. 38-35-125(2) NO PERSON OR ENTITY THAT PROVIDES CLOSING AND
SETTLEMENT SERVICES FOR A REAL ESTATE TRANSACTION SHALL DISBURSE FUNDS AS A PART OF
SUCH SERVICES UNTIL THOSE FUNDS HAVE BEEN RECEIVED AND ARE AVAILABLE FOR IMMEDIATE
WITHDRAWAL AS A MATTER OF RIGHT...
NOTE: PURSUANT TO C.R.S. 10-11-I23 NOTICE IS HEREBY GIVEN:
(A) THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN
SEVERED, LEASED,OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE
AND THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT A THIRD PARTY HOLDS
SOME OR ALL INTEREST IN OIL,GAS, OTHER MINERALS,OR GEOTHERMAL
ENERGY IN THE PROPERTY; AND
(B) THAT SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE
THE PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION.
A copy of the attached Privacy Po►icy Notice is to be provided to all parties involved in
this transaction.
BBNORTH
TITLE
ICAN
■COMPANY
FOR YOUR CONVENIENCE, NORTH AMERICAN TITLE'S WIRING INSTRUCTIONS ARE
AS FOLLOWS:
Wire To: WELLS FARGO BANK WEST, N.A.
FORT COLLINS
P.O. BOX 5247
DENVER, COLORADO
ABA# : 102 000 076
Credit To: NORTH AMERICAN TITLE COMPANY OF COLORADO,
FORT COLLINS
Account #: 1015385956
Please Reference: COMMITMENT NUMBER
BORROWER' S NAME
PROPERTY ADDRESS
COMMITMENT File No. FSS 236586 C-4
SCHEDULE B - SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclose, and which are not shown by the
public records.
4. Any lien, or right to a lien,for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by the Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or
sewer service, or for any other special taxing district.
7. Water rights, claims or title to water, whether or not shown by the public records.
8 . Intentionally deleted.
9 . Rights of Way for county roads 30 feet on either side of section and
township lines, as established by the Board of County Commissioners for
Weld County, recorded October 14, 1889, in Book 86 at Page 273 .
(continued)
Schedule B - Section 2
Commitment (NA)
SCHEDULE B, PART 2 - Exceptions (cont'd) File No. FSS 236586 C-4
10 Reserving to said Union Pacific Railroad Company, its successors and assigns, (1)
all oil, coal and other minerals, within or underlying said lands; (2) the
exclusive right to prospect in and upon said land, for oil, coal and other minerals
therein or which may be supposed to be therein and to mine for and remove from said
land, all oil, coal, and other minerals therein or which may be supposed to be
therein and to mine for and remove from said land, all oil, coal, and other minerals
which may be found thereon by anyone; (3) the right of ingress and regress upon
said land to prospect for mine and remove any and all such oil, coal and other
minerals, and the right to use so much of said land as may be convenient or necessary
for the right of way to and from such prospect places or mines, and for the
convenient and proper operation of such prospect places, mines, and for roads, and
approaches thereto or for removal therefrom of oil and coal, mineral, machinery or
other material; (4) the right of said Union Pacific Railroad Company to maintain
and operate its railroad in its present form of construction, and to make any change
in the form of construction, or method of operation of said railroad all as reserved
in Deed recorded November 3, 1906, in Book 233 at Page 58 .
11. Intentionally deleted.
12 . Intentionally deleted.
13 . Intentionally Deleted. ,
14 . Terms, conditions, provisions, agreements, and obligations specified under the
Resolution recorded January 14, 1992 at Reception No. 2275146.
15 . Intentionally deleted.
16 . All easements and notes on the recorded plat of Recorded Exemption No.
0705-05-3-RE-3684 .
NOTE: Upon verification of payment of all prior years taxes, Exception No. 6 will
be amended to read as follows:
Taxes and assessments for the year 2004 and subsequent years, a lien, not yet due or
payable.
NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 3-5-1)
A. "GAP" PROTECTION
When North American Title Company of Colorado, (hereinafter referred to as "Company"), is responsible for recording
or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds
necessary to complete the transaction, the Company shall be responsible for any deeds,mortgages, lis-pendens, liens or other title
encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the
Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds:
Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the
possession of the Company.
No coverage will be afforded against deeds, mortgages, lis pendens, liens or other title encumbrances actually known to
the proposed insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state statutes for the purpose of imparting constructk e
notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge.
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims
asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months
prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate
premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company.
If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six
months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure
of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the
appropriate premium; fully executed Indemnity Agreements satisfactory to the Company; and, any additional requirements as may
be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF
THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
Privacy Policy Notice
(as of July I, 2001)
We at the North American Title family of companies take your privacy very seriously. We do not share your
private information with anyone except as necessary to complete your real property, title insurance and
escrow transaction.
OUR PRIVACY POLICIES AND PRACTICES
1. Information we collect and sources from which we collect it: We collect nonpublic personal
information about you from the following sources:
*Information we receive from you on applications or other forms.
*Information about your transactions with us, our affiliates or others.
*Information from non-affiliated third parties relating to your transaction.
"Nonpublic personal information" is nonpublic information about you that we obtain in connection with
providing a product or service to you.
2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic
personal information about you to either our affiliates or non-affiliates without your express consent. except
as permitted or required by law. We may disclose the nonpublic personal information we collect. as
described above, to persons or companies that perform services on our behalf regarding your transaction.
"Our affiliates" are companies with which we share common ownership and which offer real property. title
insurance. or escrow services.
3. Our security procedures: We restrict access to your nonpublic personal information and only allow
disclosures to persons and companies as permitted or required by law to assist in providing products or
services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic
personal information.
4. Your right to access your personal information: You have the right to review your personal
information that we record about you. If you wish to review that information, please contact your local North
American office and give us a reasonable time to make that information available to you. If you believe any
information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you
in writing why we disagree.
5. Customer acknowledgement: Your receipt of a copy of the preliminary report, commitment. your
policy of insurance, or escrow documents accompanied by this Notice will constitute your acknowledgement
of receipt of this Privacy Policy Notice.
Now, \a.c'can Ttle ma}abo.nue.our.nonn ..try an otuuon,credlrepora asr,. ny aym.v inwra r.e'.eyul pn. en�r l, ,I, Nr[,_,nr.oho.o,cmmu'a
a uur .uryo,6 of Jerect ny or pre enorg baud mm r reD esenta on, n connmvon» rou y an nnce or mil ceta a n .r,a, o, rook,.y ,en,cc u,or,e «J,pu ,
u i_,rae:nrn,oes or ur ,,due my actuarial ar roorch ,. rdies
Roger Caruso
`rom: jeffcouch7@comcast.net
Tuesday, July 03, 2007 5:01 PM
10: Roger Caruso
Subject: Re: Serenity View Estates PUD
Roger:
I thought the meeting went well and I thank you for your efforts. I am leaving for South
Dakota in about five minutes and won't be back until Sunday so it may take me a couple of
extra days to get the landscape info to you, but I 'll get it as soon as I can.
Jeff Couch
Original message
From: "Roger Caruso" <rcaruso@co.weld.co.us>
> Jeff,
>• Thank you for your input during the Planning Commission hearing on
> Tuesday, July 03, 2007 .
>• As we discussed with the Planning Commissioners you will provide a
• landscaping / open space plan for Serenity View Estates PUD.
>• I would say two options exist.
>• 1) Plant native grass and irrigate it for one year to make sure it
> holds; at that point natural water patterns should suffice, although
> further inspection will be needed.
>• 2) Re-evaluate your open space; leaving a 'semi-trail ' to nowhere seems
> to the Planning Commissioners and myself as something that will be left
> for the Homeowners / HOA. You could adjust that slightly and still work
&g t; around it I believe.
> Either way please get me your open space irrigation / maintanence plan
> by Monday if at all possible so there is ample time to review it and
> have a recommendation to the Board of County Commissioners.
>• Also, I do not believe we can go specific (skip the board) due to two
> reasons. One is the outstanding open space irrigation / maintenance
> plan and two because there is not a finalized water agreement.
> If the open space planning is all inclusive and determined to be
> sufficient then it is possible I could make that recommendation but I
> will only know closer to the COZ BOCC hearing.
>• If you have any questions please let me know, and also, please respond
> if Monday is a good day to get that plan back to me.
>• Thank you Jeff,
>• Roger Caruso
> Dept of Planning Services
1
Roger Caruso
from: Roger Caruso
ant: Tuesday, July 03, 2007 3:12 PM
i o: 'jeffcouch7@comcast.net'
Subject: Serenity View Estates PUD
Jeff,
Thank you for your input during the Planning Commission hearing on Tuesday, July 03, 2007 .
As we discussed with the Planning Commissioners you will provide a landscaping / open
space plan for Serenity View Estates PUD.
I would say two options exist.
1) Plant native grass and irrigate it for one year to make sure it holds; at that point
natural water patterns should suffice, although further inspection will be needed.
2) Re-evaluate your open space; leaving a ' semi-trail ' to nowhere seems to the Planning
Commissioners and myself as something that will be left for the Homeowners / HOA. You
could adjust that slightly and still work around it I believe.
Either way please get me your open space irrigation / maintanence plan by Monday if at all
possible so there is ample time to review it and have a recommendation to the Board of
County Commissioners.
Also, I do not believe we can go specific (skip the board) due to two reasons. One is the
outstanding open space irrigation / maintenance plan and two because there is not a
finalized water agreement.
f the open space planning is all inclusive and determined to be sufficient then it is
possible I could make that recommendation but I will only know closer to the COZ BOCC
hearing.
If you have any questions please let me know, and also, please respond if Monday is a good
day to get that plan back to me.
Thank you Jeff,
Roger Caruso
Dept of Planning Services
1
Roger Caruso
from: jeffcouch7@comcast.net
ent: Monday, July 02, 2007 10:20 AM
io: Roger Caruso
Subject: FW: 7N-67W-05 Serenity Estates Exhibit Overlay.pdf
Attachments: 7N-67W-05 Serenity Estates Exhibit Overlay.pdf
7N-671N-05
Serenity Estates ...
Roger:
Attached is a PDF from Anadarko which reflects their requirements for drilling envelopes
in this location for Serenity View Estates P.U.D. Tery Enright from Anadarko will be
coming to the meeting tomorrow.
Jeff Couch
Forwarded Message:
From: "Enright, Terry" <Terry.Enright@anadarko.com>
To: cjeffcouch7@comcast.net>, "Molly Buchanan" <mbuchanan@vbllplaw.com>
Subject: 7N-67W-05 Serenity Estates Exhibit Overlay.pdf
Date: Thu, 28 Jun 2007 17 :02 :40 +0000
«7N-67W-05 Serenity Estates Exhibit Overlay.pdf»
Please incorporate.
Thanks
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
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TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80.528
(970) 231 .9937
Jeffcouch 7@comcast.nel
FAX
To: Roger Caruso From: Jeff Couch, P.E.
Fax: (9/0) 304-6498 Pages: 2
Phone: 1970) 353-6100 Dote: Jung 29,200 *,
Re: Serenity View Estates P.U.D cc: Doug Kindsfoter '`•
._ .... .
Comments:
Roger:
Attached is the letter requested by Bruce Barker relating to the Water Service Agreement for
Serenity View Estates P.U.D, See you on Tuesdayll
Jett Couch. P.F,
� I
I '
Jun-29-07 05: 21A Team Engineering Inc . 970 282 1790 P _ 02
June 27, 2007
Mr. Roger Caruso, Planner
Weld County Department of Planning Services
918 10t"Street
Greeley, CO 80631
RE: Serenity View Estates P.U.D. PZ-1131
Water Service
Dear Roger:
This letter is written at the request of Weld County Attorney, Bruce Batter, to provide additional
information relating to water service for Serenity View Estates P.U.D. located in Section 5, T7N,
R67W.
This property is intended to be served potable water by the North Weld County Water District
(District). Towards this end, the District has provided the following documentation:
1. Draft Service Agreement
2. Correspondence from District legal representative Kenneth F. Lind dated May 11, 2007
3. Additional commitment letter from the District dated June 21, 2007
As owner of the above referenced property, I am cunen11y pursuing approval of a nine lot minor
subdivision.
As part of this process, I have been working with the District to secure adequate water service for
this project. I have reviewed the documents prepared by the District and agree with the information
and conditions currently being proposed by the District, Upon securing Change of Zone approval
and completion of final survey and engineering documents, we intend to enter into final contractual
arrangements with the District.
I trust this information will satisfy recent Weld County requests for information relating to water
service.
Sincerely,
Bob Buderus
Cc: Jeff Couch, TEAM Engineering
Doug Kindsfater
Tim Hasler, Hasler, Fonfara 8 Maxwell
Roger Caruso
from: jeffcouch7@comcast.net
ent: Tuesday, June 26, 2007 3:14 PM
io: Bruce Barker
Cc: Alan Overton; Roger Caruso
Subject: RE: Serenity View Estates P.U.D. -Water Service
Bruce:
Thanks for your consideration. I will have a letter to Roger by the end of the week if not
sooner! !
Jeff Couch
Original message
From: "Bruce Barker" <bbarker@co.weld.co.us>
>• Jeff:
>• Thank you for your response.
>• Your list of items provides nothing showing that the Developer agrees to
> the terms of the District for the provision of water. Is Mr. Buderas
> generally in agreement with the terms of the Water Service Agreement and
> is he committed to seeing that the conditions and requirements of the
> District will be fulfilled so that the development will be assured of
> having adequate water? A letter to this effect addressed to the
r-- > Department of Planning Services will suffice.
>• Bruce Barker
> Weld County Attorney
Original Message
>• From: jeffcouch7@comcast.net [mailto:jeffcouch7@comcast.net]
> Sent : Monday, June 25, 2007 4 :23 PM
> To: Bruce Barker
> Cc: Roger Caruso; Alan Overton
> Subject: RE: Serenity View Estates P.U.D. - Water Service
>• Bruce:
>• Thanks for you response. This is the very same discussion we had in your
> office almost two months ago. It was my understanding that Ken Lind had
> forwarded the position of the NWCWD to you and that a solution had been
> worked out. Obviously that is not the case; so here goes . . .
>• I sat down with the NWCWD Board of Directors at 1:30 this afternoon and
> asked for their assistance.
> At this point you have:
> 1. A commitment letter from the District
> 2 . A draft service agreement from the District
> 3 . A special letter drafted within the last four days committing the
> District to provide service to this property
> 4 . A set of conceptual infrastructure plans which show the proposed
> gt; improvements
> 5 . Copies of an easement request from the District for future water line
> improvements with which the property owner has agreed to participate
>
> The Board, District Staff, the property owner and myself are all
> confused as to what you are fishing for. There are only two things we
1
> can think of :
> 1. A signed agreement
> This is not appropriate at the change of zone since there are no
> final plat, final plans, approved zoning or idea of costs . Project
> typically change between the change of zone and final plat submittals
> and typically take as long as three years to complete. The District does
> not want to enter into an agreement at this point. If they did, they
> would have to keep the agreement ambiguous and add cost and detail to
> another agreement at the final plat stage. This seems to be pointless to
> the District and I will let District represe ntatives provide further
> detail on this point.
> 2 . Prepayment of water taps
> Welcome to the end of minor subdivisions in Weld County. In NWCWD
> territory this would result in a payment of $216, 000.00 by a developer
> without any zoning or final approval. This amount represents more than
> most people paid for the property and in most cases represents a figure
> that is more than the total construction costs for the entire
> subdivision.
>• It is my understanding that Ken Lind will once again be contacting you
> to try to resolve this issue.
>• I am still somewhat confused as to what problems you have had with other
> Districts. This also leads the District Board, District staff and myself
> to believe that there is some edict from the County Fathers to do away
> with minor subdivisions . Could you please enlighten me.
>• Also, are we on or not for Pla nning Commission on July 3rd?
>• Jeff Couch, P.E.
>
Original message
>• From: "Bruce Barker"
> >
> > Jeff:
> >
> > Thank you for your e-mail.
> >
> > I understand that what is being proposed as compliance with
> Code
> > Sections 27-2-170 and 27-2-210 is a draft Water Service
> Agreement that
> > is not signed by the Developer. How can the Board make a
> finding that
> > adequate water will, in fact, be provided if the Developer has
> not
> > signed the Agreement and thereby committed to the terms set
> forth
> > therein?
> >
> > As to the fact that this is a concern at this point, I suggest
> that it
> > is within my purvue and authority to raise the question at any
> time.
> > c BR>> > I look forward to your response.
> >
> > Bruce Barker
> > Weld County Attorney
> >
> > Original Message---- -
> > From: jeffcouch7@comcast.net [mailto:jeffcouch7®comcast.net]
> > Sent: Sunday, June 24, 2007 1 :44 AM
> > To: Bruce Barker
> > Cc: Alan Overton; Roger Caruso
> > Subject: Serenity View Estates P.U.D. - Water Service
2
> >
> > Bruce:
> >
> > I have forwarded you a letter from the North Weld County Water
> District
> > which adds additional information and commitment relating to
> water
> > service for the Serenity View Estates P.U.D. As you review
> this
> > information, please consider the following:
> >
> > 1. We have provided a service commitment letter with the
> sketch plan
> > submittal.
> > 2 . We provided a draft Wa ter Service Agreement with the Change
> of Zone
> > Submittal.
> > 3 . Performance Standards as part of Section 27-2-170 and
> Section
> > 27-2-210 of the Weld County Code do not call for completion of
> an
> > executed Water Service Agreement, but merely that we shall be
> servic ed
> > by an adequate water supply and meet Colorado Primary Drinking
> Water
> > Regulations. We meet both of these requirements.
> >
> > It is clear in the e-mails generated by yourself and Roger
> that there
> > is not a clear understanding of the water system development
> process or
> > of the difference between water system construction costs and
> tap fees.
> > Please review the following information relating to
> requirements at each
> > development step which insure that a viable water system is
> completed: > >
> > Step 1 Sketch Plan Letter of Commitment
> > Step 2 Change of Zone Draft Water Service Ageement
> > Step 3 Final Executed Water Service Agreement
> > provided prior to filing of Final Plat
> > Final Water System Construction
> > Plans are approved by the Utility Board
> > Final Improvements Agreement
> > Approved by County Commissioners prior to
> > filing of Final Plat
> > Letter of Credit covering water
> > improvement costs required by County
> > Step 4 Construction Water system physically completed.
> > Building permits not allowed until the
> > water system is charged and
> > approved by the Water District
> > Step 5 Home Construction Home Builder pays tap fee and meter
> fee prior
> > to issuance of a building
> > permit
> >
> > I 'm not sure I understand whe re you think we do not meet
> County Code,
> > State of Colorado, or North Weld County Water District
> requirements,
> > nor do I understand where a potential lot purchaser may be at
> risk.
> > Bottom line is that a developer can't build until a plat is
> filed and
> > can't sell lots until the utility systems are approved by the
> > appropriate District and released by the County.
3
> >
> > I'm also curious as to what has happened that has caused this
> recent
> > concern with the existing process . I have been through th e
> Change of
> > Zone process with NWCWD Agrements eight times in the last
> three years.
> > Three of trhese projects are built and five more are ready for
>• > construction this fall. I am not aware of any problems that
> have been
> > created as a result of the approval of these project.
> >
> > I look forward to resolving these issues with you in the near
> future.
> >
> > Jeff Couch, P.E.
4
Roger Caruso
from: Bruce Barker
ant: Wednesday, June 20, 2007 2:26 PM
i o: Roger Caruso
Cc: Kim Ogle
Subject: RE: Serenity View Estates PUD
My approval was of the form of the agreement, only. It has to be signed for it to have
any effect. My understanding was that the parties would be executing an agreement and
submitting it, but I guess they have not done so. Let them know we need a signed
agreement before proceeding further.
Original Message
From: Roger Caruso
Sent: Tuesday, June 19, 2007 10 :59 AM
To: Bruce Barker
Cc: Kim Ogle
Subject: RE: Serenity View Estates PUD
Bruce,
Pam is saying they have not met Chapter 27 for adequate services (because there is no
official water agreement) .
Kim is saying he would prefer not to proceed and leave the tap agreement open. He would
like to see an official recorded agreement preferably before we proceed to the Board but
definitely prior to recording the Change of Zone or some type of bond/escrow to ensure
that the tap will be provided by the developer.
ince I am newer to this you may want to clarify with him his stance; he did have good
reasoning for having an official agreement prior to Board/recording the Change of Zone
instead of proceeding to final plan submission with, or potentially without one.
My question is this:
You have approved a draft agreement at Change of Zone submittal; should we require them to
have an official recorded water agreement or post the necessary funds prior to the Board
or recording the Change of Zone plat to ensure the development actually has water and also
that when I go before the board I will be able to say "prior to recording the Change of
Zone they will get an agreement with NWCWD" or "we are going for denial because they have
not provided evidence that adequate services will be provided and do not meet Chapter 27
of the code" instead of "they will get me one at some point"?
If we get the agreement now or prior to recording the COZ plat then everyone knows what is
expected and the County can be assured the development officially meets the intent of
Chapter 27 and has adequate services.
Hope that clarifies our stance. I will cc Kim on this and he might be able to shed some
light on his point of view.
Thanks for all your help.
Roger Caruso
Dept of Planning Services
Original Message
From: Bruce Barker
Sent: Tuesday, June 19, 2007 10 :44 AM
'-"o: Roger Caruso
.c: Kim Ogle
Subject: RE: Serenity View Estates PUD
1
Roger: Is Pam saying that the water agreement is insufficient or that they have not
proven that adequate sewer service is being provided?
Original Message
^'rom: Roger Caruso
ent: Thursday, June 14, 2007 4 :27 PM
To: Bruce Barker
Cc: Kim Ogle
Subject: Serenity View Estates PUD
Bruce,
In reviewing the Change of Zone for Serenity View Estates PUD there is not an official
water agreement; however, you did approve the draft agreement between North Weld County
Water District and the applicant.
Pam Smith with the Department of Public Health and Environment has stated they do not meet
the requirements of Section 27 of the Weld County Code (adequate services provided) .
I am wondering what you suggest I should do in this case. I believe my options are to
hold money in escrow for the tap fees or have NWCWD hold funds to ensure that the water
taps will be paid for instead of proceeding to final without them.
If you could let me know how I should proceed to ensure the developer is held responsible
for adequate services being provided to the development I would appreciate it.
If you have any questions feel free to e-mail or call me at extension 3563 .
Thank you.
Roger Caruso
Dept of Planning Services
2
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Kim Ogle
From: Bruce Barker
Sent: Tuesday, May 01, 2007 3:20 PM
To: Kim Ogle
Cc: jeffcouch7@comcast.net
Subject: Serenity View Estates PUD
Kim:
I met with Jeff Couch this afternoon regarding Serenity View Estates PUD.
Jeff has graciously agreed to ask Alan Overton to provide us with a letter or memorandum that explains the fee
collection process for the North Weld County Water District Water Service Agreement. It will include a time line
that details how the District assures that water will be available and the timing for the payment of fees, and how
and by whom those fees are paid.
Therefore, with this understanding, I approve the water agreement for Serenity View Estates PUD.
Let me know if you have any questions.
Bruce.
05/01/2007
Hello