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Home My WebLink About20072011.tiff • ts Q DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720)652-4211 C. COLORADO April 23, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1615 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 19, 2007, at 1:30 p.m., in the Southwest Weld County Hearing Room, 4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Horton Farms II LLC FOR: Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the (A)Agricultural Zone District. LEGAL DESCRIPTION: Part of the SW4 of Section 28, T2N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR 53. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services,4209 CR 24.5,Longmont, Colorado 80504,on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. 2007-2011 SURROUNDING PROPERTY OWNERS MARION NEWNAM AND/OR 25844 CR 16 SUBSURFACE ESTATE/INTEREST OWNERS KEENESBURG CO 80643 USR-1615 JOHN PARKER PO BOX 319 SURFACE ESTATE LAND OWNERS KEENESBURG CO 80643 THREE HK-LLC MINERAL OWNERS AND LESSEES 885 S COLORADO BLVD DENVER CO 80247 JOHN HEFNER 10304 STONEFLOWER DR WELD COUNTY PARKER CO 80134 910 10TH ST GREELEY CO 80631 PETROLEUM DEVELOPMENT CORP PO BOX 26 HORTON FARMS I BRIDGEPORT WEST VA 26330 885 S COLORADO BLVD DENVER CO 80246-6500 PETROLEUM DEVELOPMENT CORP 3801 CARSON AV JAMES THOMSON EVANS CO 80620 PO BOX 2487 ELIZABETH CO 80107-2487 PDC 2002-B LP PO BOX 76 CHARLES TWEEDY BRIDGEPORT WEST VA 26330 PO BOX 587 KEENESBURG CO 80643-0587 BLUE &GRAY RESOURCES INC 10304 STONEFLOWER DR ANN STONEBRAKER PARKER CO 80134 26986 CR 18 KEENESBURG CO 80643-9607 BLUE & GRAY RESOURCES INC 1557 OGDEN ST STE 800 CEDAR CREEK WIND ENERGY DENVER CO 80218 310 FOURTH ST NE CHARLOTTESVILLE VA 22902 BLUE & GRAY RESOURCES INC PO BOX 3768 CONNIE DEFEE PARKER CO 80134 26383 CR 16 KEENESBURG CO 80643 CERTIFICATE OF MAILING NANCY MASDIN I hereby certify that I have placed a true and 26498 CR 16 correct copy of the surrounding property owners KEENESBURG CO 80643-9506 and owners and lessees of minerals in accordance with the notification requirements of JANET JACKSON Weld County in Case Number USR-1615 in the 6570 CR 53 United States Mail, postage prepaid First Class KEENESBURG CO 80643-9443 Mail by letter as addressed on the attached list this 17th day of April, 2007 KRISTEN DIEHL 26084 CR 16 Dated the 17th day of April , 2007. KEENESBURG CO 80643 p� GEORGE IRWIN CQ� �� ?u 26034 CR 16 KEENESBURG CO 80643 Donita May Recording Secretary for Planning Commission AFFIDAVIT OF INTEREST OWNERS -- SURFACE ESTATE Property Legal Description: PAS of sW 15` Mir5-14/4 /01"54- Sec and 2- -7—_z ig() A e S`tl' 6&-t4 PIA Lie 1(9 't i C Parcel Number / 3 0 Sr- Z $_ a_. O 0 - CJ / 72 (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) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred (500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. . By: Title: flc9U V The foregoing instrument was subscribed and sworn to me this tot day of A 11 Z( � WITNESS my hand and official seal. My Commission Expires:f "�� ' ZUI U ` cue Coloc-ocja lOzonicy uF cidems Isilbasaidliaarilladiadha C MEGHAN MEYER ot. Public Notary Public /�/�ly, �M State of Colorado r Y 1t11 V t l cc Fr froteretrarwrinnifin -13- Page 1 of 1 18 17 18 ii 14 13 19 20 21 22 Ipt Y. KEENESBURG 02x600/ In *-t 29 28 11. —27 28 +fY - f KEENE URG, ` i y h 10/ ]2 ]J 3I g 5 4 aw6Ow ] , Weld Camq.Gabrab� •��JS:? PFd. http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721904460.jpg 4/10/2007 Page 1 of 1 aa 20 21 atJ— 27 r 28 178fRORTARCRO _ A a r WdGOwmy.Ownss_ —i OR M— ---_. ------ mink http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721904432.jpg 4/10/2007 Identify Results Page 1 of I Parcel Summary Parcel#: 130528000011 Owner: THREE H-K LLC Address: 885 S COLORADO BLVD City: DENVER State: CO Zip Code:80247 Detail Information: LAND Pt tILctzra-a YRO7%I&TY RR:JF t#,@ #U5FER R*RC:.6t. ". Tax Summary Account# R5121186 Total Taxes: $16.62 Amount Due: $16.62 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April30 Payment after this date will incur interest.Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty TD 1000 Penalty or prior years'delinquent faxes are not included. Treasurer's Office http://maps2.merrick.com/W ebsite/W el d/setSQL.asp?Name=W eldshp&par 1=13 05280000... 4/10/2007 Page 1 of 1 an an 20 21 �� — CR9� P IR 28 I7SFRCRTAaRR _ a s tl MakCRwty.Csorye— p-I qR�p��—� COI Mt _ _ _. _leR1e_— __C http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32722884409 jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130528000031 '^ Owner: WELD COUNTY Address: City: GREELEY State: CO Zip Code: 80631 Detail Information: .. LAND < gw L GUM i'.ftaetiPET7 PROVER.Y. $t$rpfk PAact't Tax Summary Account* R5122286 Total Taxes: $0.00 Amount Due: $0.00 Mill Levy: Tax Year: 2005 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April30. Payment after This date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty, TD 1000 Pena My or prior years'delinquent taxes are not included. Treasurers Office http://maps2.merri ck.com/W ebsite/W eld/setSQL.asp?Name=W el dshp&par 1=1305280000... 4/10/2007 Page 1 of 1 e a 20 21 _ CR CI 27 ®1fAY I9 IR I7I fR0IRACER0 0 s WS Cwntf•Cpwab= t http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32722884426 jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130528000012 ,. Owner: HORTON FARMS I Address: 885 S COLORADO BLVD City: DENVER State: CO Zip Code:80246-6500 Other Accounts on this Parcel Account Type #of Account's Oil 5 Detail Information: LAND "PsUFED3NG." SUM Tax Summary Account* R5121286 Total Taxes: $835.04 Amount Due: $835.04 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which am payable in 2007.Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TD 1000 Penalty or prior years'delinquent taxes are not included Treasurers Office http://maps2.merrick.com/Website/Weld/setSQL.asp?Name=Weldshp&part=1305280000... 4/10/2007 Page 1 of 1 a A 20 21 CR u1 _ 27 (031.4.V 29 ( 28 INCRORTAAERU II- 1 • CR le n http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721212400 jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130528000028 Owner: THOMSON JAMES M Address: PO BOX 2487 City: ELIZABETH State: CO Zip Code:80107-2487 Detail Information: v sW MAP . Tax Summary Account* R5121986 Total Taxes: $988.50 Amount Due: $494.25 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007.Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TD 1000 Penalty or prior years'delinquent taxes are not included. Treasurer's Office http://maps2.merrick.com/Website/Weld/setSQL asp?Name=Weldshp&part=1305280000... 4/10/2007 Page 1 of 1 aa 20 21 CR W— 27 -L1W IA f*0RTAaE R9 29 29 a a VMS Cwm7.Ca.f 9 http://maps2.merrick.com/output/weldProd DEN-GSS-IMS32721904428 jpg 4/10/2007 Identify Results Page 1 of 1 • Parcel Summary Parcel*: 130528000026 . --. Owner: TWEEDY CHARLES W Address: P O BOX 587 City: KEENESBURG State: CO Zip Code:80643-0587 Other Accounts on this Parcel Account Type # of Account's Mobile Home 1 Detail Information:anMI Tax Summary Account* R5121686 Total Taxes: $23.66 Amount Due: $0.00 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007.Tax deadline for the full payment is April30. Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty, TO 1000Penally or prior years'delinquent taxes are not included. Treasurer's Office http://maps2.merrick.com/Website/W eld/setSQL.asp?Name=Weldshp&part=1305280000... 4/10/2007 Page 1 of 1 20_ 21 C* 27 00R0"V 29 20 rnsROXTR6ERa II_, n a CR RI_ W IdC..mr.�r I OIB®IB® http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721960441 jpg 4/10/2007 Identify Results Page 1 of 1 • Parcel Summary Parcel*: 130528100033 ^ Owner: STONEBRAKER ANN M Address: 26986 COUNTY RD 18 City: KEENESBURG State: CO Zip Code:80643-9607 Other Accounts on this Parcel Account Type #of Account's Oil 2 Detail Information: LAND IMILD£Nii.', Man tixl, rci fr • "t3 tit Pk3FCt'L .. • Tax Summary Account* R2640803 Total Taxes: $3,707.82 Amount Due: $3,707.82 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007.Tax deadline for the full payment is April 30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, SpecialImprovement districts,Declaration Penalty,TO 1000 Penalty or prior years'delinquent taxes are not included. Treasurer's Office • http://maps2.merrick.com/Website/Weld/setSQL.asp?Name=Weldshp&part=1305281000... 4/10/2007 Page 1 of 1 es" MFROVYROERO 28 27 024.041 .0441/4 CRM 42. 33 n 34 KEENESBURG Weld Clharty.Caorasto http://maps2.merrick.com/outputiweldProd_DEN-GSS-IMS32722508448 jpg 4/10/2007 Identify Results Page 1 of l Parcel Summary Parcel#: 130528000022 .-� Owner: CEDAR CREEK WIND ENERGY Address: 310 FOURTH ST N.E. City: CHARLOTTESVILLE State: VA Zip Code:22902 Other Accounts on this Parcel Account Type # of Account's Oil 1 Detail Information: ALAUD DUILOING" VIEW MAP ,„„ RR•3rE Bftc5FFQE Tax Summary Account# R5121386 Total Taxes: $126.60 Amount Due: $0.00 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TD 1000 Penalty or prior years'delinquent taxes are not included Treasurer's Office http://maps2.merrick.com/Website/Weld/setSQL.asp?Name=W eldshp&part=1305280000... 4/10/2007 Page 1 of 1 a 20 21 tl CR O_ l 27 as ux 2q ( 28 III FRONTAGE RD Il— n a r wrFGwgawrre` CRM_ ._ 1 0/8e1� http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32722884427 jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130528000030 Owner: DEFEE CONNIE RAE & Address: 26383 CR 16 City: KEENESBURG State: CO Zip Code:80643 Additional Owners on this Parcel DEFEE DEWAYNE Detail Information: O .•:•LAND BVI S:Ma6 VIEW • r,r�'dS rY Fui�ir; 8t3F'fER.YAii CEL Tax Summary Account* R5122186 Total Taxes: $987.86 Amount Due: $740.80 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which am payable in 2007 Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty TO 1000 Penalty or prior years'delinquent faxes are not included. Treasurer's Office rte. http://maps2.merrick.com/Website/We►d/setSQL.asp?Name=Weldshp&part=1305280000... 4/10/2007 Page 1 of 1 Iry MOW AOEID 29 28 4$Ileav n a 77 CR 19 72 77 Wad Goan Sane AGM arramaiaV http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721960451.jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130533200014 Owner: MASDIN NANCY SUE Address: 26498 COUNTY ROAD 16 City: KEENESBURG State: CO Zip Code:80643-9506 Detail Information: OLAND' SRU3EDING:. `.;VIEW'MAP ........._.. yy '11�gr � i + ! S.rnbE p-AACEL Tax Summary Account* R3301105 Total Taxes: $1,245.54 Amount Due: $622.77 Mill Levy: 63.939 Tax Year: - 2006 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty, TD 1000 Penalty or prior years'delinquent taxes are not included Treasurer's Office http://maps2.merrick.com/Website/W eld/setSQL.asp?Name=W eldshp&parl=1305332000... 4/10/2007 Page 1 of 1 1 29 11 25 Ca x _l OPNOMI 12 33 r.• w.rr c.Wny.ca.nw ®t Man http://maps2.merrick.com/output/weldProd DEN-GSS-IMS32721904445 jpg 4/10/2007 Identify Results Page 1 of 1 • Parcel Summary Parcel*: 130533200016 ^-. Owner: JACKSON JANET A Address: 6570 COUNTY RD 53 City: KEENESBURG State: CO Zip Code:80643-9443 Detail Information: imam Div `axnEazra c:•'. ...,. • vtE+o<r-MAP PRxiPIW Y frr4")rOP #€!r-FE£1 PAR CC#, Tax Summary Accounts R3301305 Total Taxes: $583.12 Amount Due: $583.12 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which am payable in 2007 Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty, TD 1000 Penalty or prior years'delinquent taxes are not included Treasurer's Office http://maps2.memck.com/Website/Weld/setSQL.asp?Name=Weldshp&part=1305332000... 4/10/2007 Page 1 of 1 29 28 CR M Ot16W 2 t V 32 33 Weld CwuY.Ceionse eseasmia http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721904448 jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130533000022 Owner: DIEHL KRISTEN L Address: 26084 WELD CO RD 16 City: KEENESBURG State: CO Zip Code:80643 Detail Information: Waal ...LR,433 nk£3ED£N6... VIEW MA.Y Yft9Yq-.£r1Y PROPRS S£3F YAAerE Tax Summary Account* R8843200 Total Taxes: $701.42 Amount Due: $701.42 Mill Levy: 63.939 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April 30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TD 1000 Penalty or prior years'delinquent taxes are not included Treasurer's Office http://maps2.merrick.com/Website/Weld/setSQL.asp?Name=Weldshp&part=1305330000... 4/10/2007 Page 1 of 1 r-- 29 28 eft is I Ya— s V 32 33 visa COrny.Ggsripp� ®l MOB http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32722884441 jpg 4/10/2007 Identify Results Page 1 of 1 • Parcel Summary Parcel*: 130533000023 l'"' Owner: IRWIN GEORGE T Address: 26034 COUNTY RD 16 City: KEENESBURG State: CO Zip Code:80643 Detail Information: Ma Ala VIEW MAP av,vittsn eRnsia.E 15.t {E PARCPI. Tax Summary Account# R8843300 Total Taxes: $763.44 Amount Due: $381.72 Mill Levy: 006 Tax Year: 6 2006 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April 30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty, TO 1000 Penalty or prior ye ars delinquent faxes are not included Treasurer's Office http://maps2.merrick.com/W ebsite/Weld/setSQL.asp?Name=Weldshp&part=1305330000... 4/10/2007 Page 1 of 1 r 29 28 CRWHIN s u 32 33 wdd Cswty.Caro.redmammil_ http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS32721904452.jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130532000009 -^- Owner: NEWNAM MARION A&CYNTHIA A Address: 25844 COUNTY RD 16 City: KEENESBURG State: CO Zip Code:80643 Other Accounts on this Parcel Account Type # of Account's Oil 2 Detail Information: LARiII • . 6 llEfa3NG i ' Hi rl4 Tax Summary Account* R5125086 Total Taxes: $2,201.26 Amount Due: $1,327.67 Mill Levy: - 61.712 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007.Tax deadline for the full payment is April30 Payment after this date will incur interest.Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty TO 1000 Penalty or prior years'delinquent taxes are not included. Treasurer's Office http://maps2.merrick.com/W ebsite/Weld/setSQL.asp?Name=W eldshp&part=1305320000... 4/10/2007 Page 1 of 1 • 1 g/itoglAgF RD 29 29 P CR N - S. 32 33 wale Ceany.Cowase„ ®t IMES http://maps2.merrick.com/output/weldProd DEN-GSS-IMS32721960449 jpg 4/10/2007 Identify Results Page 1 of 1 Parcel Summary Parcel*: 130529000010 ..-� Owner: PARKER JOHN B&SHAARON B TRUSTEES Address: P O BOX 319 City: KEENESBURG State: CO Zip Code:80643 Other Accounts on this Parcel Account Type # of Account's Oil 1 Detail Information: LAND 61111.O F£G. _. SAM �4¢p v'vy / j�5�¶I'tl BUBFffE A CES, • Tax Summary Account* R5122386 Total Taxes: $3,735.42 Amount Due: $3,735.42 Mill Levy: 61.712 Tax Year: 2006 Current taxes and mill levy are year 2006 which are payable in 2007 Tax deadline for the full payment is April30 Payment after this date will incur interest Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TD 1000 Penalty or prior years'delinquent taxes are not included. Treasurers Office http://maps2.merri ck.com/W eb site/W el d/setSQL.asp?Name=W el dshp&par 1=1305290000... 4/10/2007 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: 9/1.2 Of ��/5 / Mtn— 5641/2 N .4f/y (Ate(o( lo�lr '�j 647 Parcel Number / ? 0 > - 2 8- 6_ 0 6 - d 1 '2____- (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) STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: Title: ntok' The foregoing instrument was subscribed and sworn to me this ( C, day of $ ( ( , ?c ; . WITNESS my hand and official seal. My Commission Expires: 7- /8 - zo1 r) cakaka. C'tore a (ectrAt at ocicyyts C MEGHAN MEYER (t'yta ublic Notary Public State of Colorado irktfell o - -14- RICHARD H BATE Attorney at Law 1777 Latimer Street, Suite#910 Denver, Colorado 80202-1544 March 27, 2007 Jay Pansing Lichtenfels,Pansing&Miller, PC 885 S. Colorado Boulevard Denver, Colorado 80246-8006 LIMITED MINERAL TITLE OPINION Land Description: Township 2 North, Range 64 West, 6th PM Weld County, Colorado Section 28: SW/4 At your request, I have examined the mineral title to the captioned lands. Materials Examined: 1. Drill Site and Division Order Title Opinion dated July 15, 2004 prepared by David G.Ebner of Lohf, Shaiman, Jacobs,Hyman&Feiger,PC,Attorneys, Denver, Colorado, coveing the captioned and other land ss of February 18, 2004. 2. The records of the Weld County, Colorado Clerk and Recorder based on a DMS search provided by Landamerica Title Insurance Company, Greeley, Colorado, covering the period of time from February 18, 2004 to the plant date of January 29, 2007 and a supplemental grantor/grantee search to March 26,2007; Mineral Ownership: John M. Hefner and Kristine Hefner, TIC All 10304 Stoneflower Drive Parker, Colorado 80134 Oil and Gas Leasehold Estate Petroleum Development Corporation P.O. Box 26 Bridgeport, West Virginia 26330 And 3801 Carson Avenue Evans, Colorado 80620 Richard H. Bate 3/2)07 Page 2 of 2 pages -. PDC 2002-B, Limited Partnership P.O. Box 76 Bridgeport, West Virginia 26330 Blue& Gray Resources, Inc. 10304 Stoneflower Driv Parker, Colorado 80134 And 1557 Ogden Street, Suite 800 Denver, Colorado 80218 And P.O.Box 3768 Parker, Colorado 80134 COMMENTS This Opinion is limited to mineral ownership and does not cover ownership of, or interests in, the surface. It does not cover ownership of sand and gravel, the ownership of which may have been severed from the surface and mineral estates by unrecorded instruments. This Opinion is furnished for the purpose of permitting compliance with the notice requirement of CRS 24-65.5-103 and for no other purpose. It should not be used as a drilling, division order or security title opinion. This Opinion does not cover mortgages, deeds of trust, easements, rights-of-way, tax liens,transcripts of judgment and other matters normally covered by a title insurance policy or commitment. Similarly, it does not cover such matters affecting severed mineral interests or oil and gas or mineral leaseholds. Although this Opinion does cover the ownership of oil and gas leases, if any, it does not cover security interests therein or ownership of overriding royalty interests. This Opinion does not cover preferential purchase or reassignment rights affecting mineral leasehold interests. This Opinion should not be used as the basis for acquiring mineral or mineral leasehold interests or contracts with operators requiring the plugging or directional drilling of wells. A supplemental opinion should be requested to support any such acquisition or contract. This Opinion is written solely for the use and benefit of the addressee hereof and the client(s)for whom the addressee has requested the preparation of this Opinion. The undersigned assumes no obligation or liability to anyone, other than said addressee and said addressee's client(s), for the accuracy of the statements and opinions expressed herein. This Opinion is specifically limited to the materials examined and specifically limited to the accuracy of the materials and indices examined. Yours very trul - 7 Richard Hate ...-- 3)ac I LI, z'v7 Weld County Planning Department 4209 C. R. 24 'h Longmont, CO 80504 Re: Application for Use By Special Review— Horton Farms II LLC and Three H-K LLC SW /, Section 28, T2N, R64W, 6th P.M., Weld County, Colorado To Whom It May Concern: As owner of the mineral interests and/or leasehold interests with regard thereto, we hereby waive any and all notice requirements pursuant to Colorado Revised Statutes, C.R.S. §24-65.5-103 (adopted as part of H.B. 01-1088). Thank you. a0 __, By: R.-146P.16ll/P_A tom* 46.10. Date &M " By: 16a6 4-Fhlit5O.. Date b/lLtj01 700E (y,z.a%) Weld County Planning Department 4209 C. R. 24 '/2 Longmont, CO 80504 Re: Application for Use By Special Review— Horton Farms II LLC and Three H-K LLC SW 'A, Section 28, T2N, R64W, 6th P.M., Weld County, Colorado To Whom It May Concern: As owner of the mineral interests and/or leasehold interests with regard thereto, we hereby waive any and all notice requirements pursuant to Colorado Revised Statutes, C.R.S. §24-65.5-103 (adopted as part of H.B. 01-1088). Thank you. s-� B awl ea 'lioc By: ( e, f 4 Date `/1 1 By: Date AMISH MI MI III 111111111111III11111IIIIIlls 3273973 04/01/2005 04:32P Weld County, CO g72-- 1 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder Bryce 21-28 PDC Ls.i1683900 SEGREGATION AGREEMENT THIS SEGREGATION AGREEMENT, effective the 1st date of production of the Bryce 21- 28 well located in T2N-R64W, Section 28: NW/4, Weld County, Colorado, is by and between BLUE & GRAY RESOURCES, INC. (B&G) 10304 Stoneflower Drive, Parker, CO 80134, and Petroleum Development Corporation, (PDC) 103 East Main Street, Bridgeport, West Virginia 26330. 1. BACKGROUND. The West-Half(W/2) of Section 28, Township 2 North, Range 64 West, 6th P.M., Weld County, Colorado, is currently subject to those Oil and Gas Leases ("Leases") covering lands described on Exhibit A hereto INSOFAR AND ONLY INSOFAR as the Leases cover and affect those lands described on Exhibit "A". While the W/2 of Section 28 has been designated as a single spacing unit for the production of oil and gas from the J-Sand formation, the leasehold and overriding royalty interest owners wish to formally segregate the NW/4 and the SW/4 into two separate working interest units. In so doing, the parties do not wish to affect the right of any lessor to receive its appropriate share of proceeds from J-Sand production obtained anywhere in the 320-acre designated unit, but they do wish to ensure that the working interest owners receive J-Sand production only from their respective 160-acre area. 2. SEGREGATION AGREEMENT. Despite the designation of the W/2 as a single spacing unit for the production of oil and gas from the J-Sand formation, the parties hereby agree that all production from the J-Sand formation shall. as among themselves, their successors and assigns, be allocated and all costs and taxes borne, as though the SW/4 were a separate 160-acre unit, the leasehold interest of which is owned entirely by B&G, and the NW/4 were a separate 160-acre unit, the leasehold interest of which is owned entirely by PDC. All existing lessor royalties on J-Sand production from each 160-acre tract shall be apportioned,allocated and paid on the basis of the full 320-acre designated unit; the special allocation of production, costs and taxes set forth above shall affect only the parties hereto, their successors and assigns, unless otherwise allocated by agreement. On and after the date of this Agreement, no party hereto shall have any power or authority to create any overriding royalty or other burden on J-Sand production within the 320-acre designated unit. unless such 'widen .c to be borne solely by that party's interest in production from its specific 160-acre tract within the 320-acre unit. By their execution of this agreement, each party agrees to indemnify and hold the other parties harmless from all costs, expenses and liabilities arising in connection with any new burdens on production, which it may create after the effective date of this Agreement. 3. PRODUCTION PURCHASER RELIANCE. Any production purchaser shall be entitled to rely on this agreement, including any modification or amendment recorded in the real property records of Weld County, in determining ownership of production from wells drilled to the J- Sand formation in the spacing unit. 4. BINDING EFFECT. The terms, covenants and conditions hereof shall be binding upon, and inure to the benefit of the parties hereto, their successors and assigns, and such terms, covenants and conditions shall be covenants running with the lands herein described and the leases herein described and with each transfer or assignment of said leases and lands. 1111111 11111 11111 111111 111 1111111 11111 111 11111 11 11 3273973 04/01/2005 04:32P Weld County, CO 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder 5. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same document. The instrument shall not be effective until and unless executed by all parties named herein. IN WITNESS WHEREOF, this instrument is executed as of the dates shown in the acknowledgments, but effective the first date of production of the Bryce 21-28 Well located in T2N- R64W, Section 28: NW/4,Weld County, Colorado. BLUE&GRAY RESOURCES,INC. PETROLEUM DEVELOPMENT CORPORATION (-)C-AL1SL --- John Hefney Owder William D. Gainor,Land Manager STATE OF COLORADO ) ss. COUNTY OF ? iti ) The forego HEe t i;k• g ipnsfihrmen cknowledged before me this j i/; day of , ;r;i l - , 2005, by John Hefner, in s paci as Pre of Blue&Gray Resources Inc.,on be f of tdl corporation. tu: x&OTAR`. -.o Witness and and official la. I 1 0' Ai. . . %. Notary Public rr� t , State ofColbrado,Coudtykf , (_I1.;_`tI/ ,, Pk/Con sion My Commission Ex ires: rn 'V I 1 u j STATE OF WETS IR IA ) )ss. COUNTY OF HARRISON ) BEFORE ME, the undersigned authority, on this day personally appeared William D. Gainor, in his capacity as Land Manager of PETROLEUM DEVELOPMENT CORPORATION, a corporation created under the laws of Nevada, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated,and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this s1 day of/9,41,4.C.46 ,2005. � elCuil t A. Clark Notary Public State of West Virginia,County of Harrison My Commission Expires: June 2,2009 I11111111111 III 1111111 11111 III 11111 IUI 3273973 04/01/2005 04:32P Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"A" Attached to and made a part of that certain Segregation Agreement dated effective the first date of production of the Bryce 21-28 well between BLUE&GRAY RESOURCES. INC. and PETROLEUM DEVELOPMENT CORPORATION covering lands in Weld County,Colorado. LESSOR LESSEE LEASE RECEPTION DATE LEGAL DESCRIPTION John F. Biggs Blue&Gray 11/15/01 2911978 Township 2 North, Range 64 West, 6th. P.M. Resources Inc Section 28: That portion of the following described tract contained in the NW/4NW/4: Beginning at the NW Corner of said Section 28, thence East along the North line of the NW/4 a distance of 1,020.0 feet; thence South 00°19'30" East parallel to the West line of the said NW/4 a distance of 450.0 feet;thence East parallel to the said North line a distance of 567.70 feet; thence South 00°19'30" East parallel to the said West line a distance of 753.60 feet; thence West and �.., parallel to the said North line of the NW/4 a distance of 1,587.70 feet to a point on the said West line of the NW/4; thence North 00°19'30" West along the said West line of the NW/4 a distance of 1,203.60 feet, more or less, to the point of beginning. Section 28: That portion of the following described tract contained in the NW/4NW/4: Beginning at a point on the West line of the said NW/4 from which the West Quarter Corner of said Section 28 bears South 00°19'30" East a distance of 570.80 feet; thence North 00°19'30" West along said West line a distance of 871.0 feet; thence East parallel to the North line of the said NW/4 a distance of 1,587.70 feet; thence South 00°19'30" East parallel to the said West line a distance of 1101.21 feet to a point on the North right of way line of U.S. Interstate Highway 80 [actually Interstate Highway 76]; thence along the arc of a curve to the right the chord of which bears North 82°53'30" West a distance of 263.88 feet; thence North 81°32' West a distance of 1,341.80 feet,more or less, to the point of beginning. 11111111111 Mil 1111111 III 1111111 111 32/0u73 04/01/2005 04:32P Weld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder That portion of the following described tract contained in the NW/4NW/4: Beginning the North 1/4 Corner of said Section 28; thence South 00°21'30" West along the East line of the said NW/4 a distance of 2,331.14 feet to a point on the North right of way line of U.S. Interstate Highway 80 [actually Interstate 76]; thence South 89°52'10" West along said Highway a distance of 501.36 feet;thence along the arc of a curve to the right the chord of which bears North 87°11'45" West a distance of 560.73 feet, thence North 00°19'30" West parallel to the West line of the said NW/4 and leaving said Highway at this point, a distance of 1,854.81 feet; thence West parallel to the North line of the said NW/4 a distance of 567.70 feet; thence North 00°19'30" West parallel to the said West line a distance of 450.0 feet to a point on the said North line; thence East along the said North line of the NW/4 a distance of 1,656.75 feet, more or less,to the point of beginning. Jeanette Frasco Blue&Gray 11/15/01 2911977 Resources,Inc SAME AS DESCRIBED ABOVE Ellis Knoll Blue&Gray 11/15/01 2911980 Resources,Inc SAME AS DESCRIBED ABOVE Richard Moore Blue&Gray 11/15/01 2911979 Resources,Inc SAME AS DESCRIBED ABOVE Arnold Blue&Gray 9/15/02 3092382 Thurow Resources,Inc SAME AS DESCRIBED ABOVE James M. Hanson&Strahn, 1/17/02 2951301 Thomson Inc SAME AS DESCRIBED ABOVE Kurt Conacr Joint M. Hefner 7/15/0 1 286427 i SAME AS DESCRIBED ABOVE Also Township 2 North,Range 64 West,6th P.M. Section 28: That portion of the S/2NW/4 as described as follows: Beginning at a point on the west line of Section 28 from which the west quarter corner bears south 00°12'30"east,a distance of 570.8 feet;thence south 81°33'30" east,a distance of 1341.8 feet;thence along the arc of a curve having a radius of 5520 feet,a distance of 831.8 feet(the chord of this arc bears south 85°52'30"east,a distance of 831 feet); thence north 89°48'30"east a distance of 500.7 feet to the east line of the NW/4;thence along the east line of the NW/4,south 0°22'30"west,a distance of 301 feet to the existing north right-of way line of State Highway 2,south 89°48'30" west a distance of of State III" VIII" III I"I'll 'I"I III"I'I'lI I"Iright-of-way.41e thong the 3273973 04/01/2005 04:32P Weld County, CO existing north 5 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder Highway 2,along the arc of a cure to the right having a radius of 5680 feet,a distance of 855.9 feet(the chord of this arc bears south 85°52'30" east,a distance of 855.1 feet); thence along the existing north right-of-way line of State Highway 2,North 81°33'30"west,a distance of 1306.6 feet to the west line of Section 28; thence along the west line of Section 28,North 0°12'30" west a distance of 304.5 feet, more or less to the point of beginning. Sandra Conner John M.Hefner 7/15/01 2864272 SAME AS DESCRIBED ABOVE Nancy S. John M.Hefner 7/15/01 2864270 Keeth SAME AS DESCRIBED ABOVE John M. Blue&Gray 9/15/02 3092384 Township 2 North,Range 64 West Heftier& Resources,Inc Section 28: W/2 r Kristine Hefner Helen Ries and Petroleum 8/28/02 3092383 Township 2 North, Range 64 West, 61° P.M. James Ries Development Section 28: A tract of land located in the NW/4 Corporation of Section 28, being more particularly described as follows, beginning at the NW/4 of said Section 28, thence East along the North line of the NW/4 a distance of 1020.00 feet; thence 5.00 19' 30"E. parallel to the West line of the said NW/4 a distance of 450.00 feet; East parallel to the North line a distance of 567.70 feet; thence S.00 19' 30" E. parallel to die said west line a distance of 753.60 feet; thence West and Parallel to the said North line of the NW/4 a distance of 1587.70 feet to a point on the said West line of the NW/4; thence N. 00 19'30" W. along the said west line of the NW/4 a distance of 1203.60 feet more or less to the point of beginning containing 38 acres,more or less. Great Western XO Exploration, 9/15/72 1605092 Township 2 North, Range 64 Wes, 61° P.M, Sugar Inc Section 28: A parcel contained in the Company SW/4NW/4 and described as follows: Beginning at a point where the north line of the right-of-way of the Chicago, Burlington & Quincy Railroad as now located intersects the west line of Section 28; thence north on the west line of the section 150 feet; thence east and "V III III at right angles to the last mentioned course 230 I I"III"I'f II� III" NE NE 11"111 feet, more or less, to the north line of the right- of-way of the Chicago, Burlington & Quincy 3273973 04/01/2005 04:32P Weld County, CO Railroad as now located; thence northwesterly 6 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder along said north line of the right-of-way of the ---- _- --- Chicago, Burlington & Quincy Railroad as now located to the point of the beginning. A parcel contained in the SW/4NW/4 and described as follows: Commencing at the West Quarter corner of Section 28; thence easterly along the half-section line for a distance of 30 feet; thence northerly along the east boundary of the north and south county road for 70 feet to the point of beginning. Thence southeasterly along the north boundary of the of the Chicago, Burlington & Quincy Railroad right-of-way, which lies parallel with r and 100 feet distance northerly from the center line of said of the Chicago,Burlington&Quincy Railroad right-of-way,for a distance of 820 feet; thence northerly and at right angles to the half- section line for 160 feet; thence northeasterly along the south boundary of the State Highway right-of-way as constructed for a distance of 810 feet; thence southerly along the east boundary of the present north and south county road for 86.5 feet, more or less to the point of beginning. End of Exhibit"A"' PDC-CO-TD 03-03-05 Hello