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Home My WebLink About20070449.tiff AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 1469 10000012 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. .jr--l ignah�r ___. Date Property Owners Within 500 ft. of Parcei#_ 146910000012 NAME MAILING ADDRESS PARCEL IDENTIFICATION if 4038 WELD COUNTY RD AMERIN HAROLD JAMES JR& 21 LINDA LEE 146911000044 FT LUPTON,CO 80621 3871 WELD CO RD 21 BUCKMEIER STANIS J& KATHY RAE 146915000083 FORT LUPTON,CO 80621 2514 ELIZABETH ST# 1 BURGE ROBERT G SALT LAKE CITY,UT 146911000001 84106 80 MISTLETOE RD COLUMBINE JERSEY FARMS INC 146910000007 GOLDEN,CO 80401 4184 COUNTY RD 21 GRANT WILLIAM& 146911000043 FORT LUPTON,CO 80621 4200 COUNTY RD 19 JZM LLC 146910300014 FORT LUPTON,CO 80621 KAUFFMAN LAND & DEVELOPMENT 1675 BROADWAY#2800 LLC 146910000009 DENVER,CO 80202 LEE MAY ZOUA & PAO (1/2 NT JT) & 9332 COUNTY RD 10 146915200002 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=146910000012&Par... 11/6/2006 2007-0449 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 FORT LUPTON,CO 80621 3872 COUNTY RD 21 MORTON THOMAS S 146914200059 FORT LUPTON,CO 80621 3872 COUNTY RD 21 MORTON THOMAS S 146914200060 FORT LUPTON,CO 80621 4256 COUNTY ROAD 21 MOST JON W& KERRY R 146911000042 FORT LUPTON,CO 80621 8020 S COUNTY RD 5 STE ROCKY MOUNTAIN FUEL CO 200 146909000003 WINDSOR,CO 80528 8020 S COUNTY RD 5 STE ROCKY MOUNTAIN FUEL CO 200 146909000008 WINDSOR,CO 80528 4468 WELD CO RD 19 SUCKLA FARMS INC 146910000005 FT LUPTON,CO 80621 4468 WELD CO RD 19 SUCKLA FARMS INC 146910000008 FT LUPTON,CO 80621 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=146910000012&Par... 11/6/2006 Page 1 of 1 I , I 32 FREDERICK 33 F 34 35 36 H HWY 52 5 4 3 2 HWY52 I 6 ji 7 6 g 10 X11 12 J144.'01 17 16 —^15 14 17 1 DACONO 20 21 22 23 24 r acounq.Cobt° i ®i j http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS371231321068.jpg 11/6/2006 LIST OF MINERAL OWNERS AND MINERAL LESSEES (NCC) Subject Property: Township 1 North, Range 67 West, 6th P.M., Weld County, CO Sec. 10: That part of the SY more particularly described as follows: Beginning at the West quarter corner of said Section 10; Thence South 00°00'00" West on an assumed bearing along the Westerly line of the SW% of said Section 10 a distance of 70.00 feet to the True Point of Beginning; thence North 89°46'45" East a distance of 2566.48 feet to a point 85.00 feet Westerly of the Easterly line of said SW%, and 65.00 feet Southerly of the Northerly line of said SW% of Section 10; Thence continuing North 89°46'45" East a distance of 253.87 feet; thence South 00°06'39" East a distance of 1256.87 feet to a point 188.87 feet Easterly of the center-south 1/16 corner of Section 10 and on an extension of the Southerly line of the N'%SWY of Section 10; Thence South 89°53'07"West along said extension of the Southerly line of the N'/SW% a distance of 168.67 feet to said center- south 1/16 corner of Section 10; Thence continuing South 89°53'07" West along said Southerly line of the N'IASW'% a distance of 2653.90 feet to the Southwest corner of said N'/SW'IA , Thence North 00°00'00" East along the Westerly line of said NPASW% a distance of 1251.74 feet to the True Point of Beginning Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through October 13, 2006. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 14`h day of November, 2006. Crews & Zeren, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Suckle Farms, Inc. Kerr-McGee Oil & Gas Onshore LP 4468 Weld County Rd 19 1999 Broadway, Suite 3600 Ft. Lupton, CO 80621-8405 Denver, CO 80202 K.P. Kauffman Co., Inc. 1675 Broadway, Suite 2800 Denver, CO 80202 Crews eh'Zeren,LLC Oil"and Gas Tit&e Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(303)484-2110 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews")and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client)of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party(including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews efr Zeren,LLC Oil and Gas Title Services P.O. Bax336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(303)484-2110 Weld County Planning Department SOUTHWEST BUILDING es- \j/ KerrlvtGee FEB 1 2007 February 13, 2007 RECEIVED Kerr-McGee Oil Si Gas Onshore LP 1999 Broadway,Suite 3700,Denver,Colorado 80202 VIA FACSIMILE AND U.S. MAIL 303-296-3600•Fax 303-296-3601 Weld County Department of Planning Services Attn: Michelle Martin 4209 CR 24.5 Longmont, Colorado 80504 Re: Distant Thunder-PF #600 (A Site Specific Development Plan and Planned Unit Development Final Plan JZM, LLC,Applicant Township 1 North, Range 67 West, 6th P.M. Section 10: Part of the S/2 Weld County, Colorado Dear Ms. Martin: Kerr-McGee Oil & Gas Onshore LP is the owner of valid oil and gas leases underlying all or part of Sections 10, Township 1 North, Range 67 West, for which JMZ LLC/John Zadel c/o Doug Graff is seeking approval of a Site Specific Development Plan and Planned Unit Development Final Plan. Kerr-McGee and JMZ LLC have executed a Surface Use Agreement, Recorded on April 18, 2005 Reception #3278280, the terms of which govern the parties' simultaneous use of the subject property. Ken-McGee does not object to JMZ LLC/John Zadel c/o Doug Graft's Site Specific Development Plan and Planned Unit Development Final Plan approval providing it conforms to the previously executed agreement. On December 27, 2006 Kerr-McGee filed an objection letter that we would like to withdraw with this letter as well. Sincerely, Kerr-McGee Oil & Gas Onshore LP '_fr ll,tlii,(Lit.4t --- Daniel M. Casper Senior Staff Landman cc: JMZ LLC/John Zadel c/o Doug Graff(Applicant) Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP Weld Corr Planning Department `.0!f t'i> EJ BUILDING JAN 0 4 2007 �1J KerrA tGee RE HIVED Kerr-McGee Oil&Gas Onshore LP 1999 Broadway,Suite 3700,Denver,Colorado 80202 303-296-3600•Fax 303-296-3601 December 27, 2006 VIA FACSIMILE AND U.S. MAIL Weld County Department of Planning Services Attn: Michelle Martin 4209 CR 24.5 Longmont, Colorado 80504 Re: Distant Thunder-P.U.D. Final Plat JZM, LLC, Applicant Township 1 North, Range 67 West, 6th P.M. Section 10: Part of the S/2 Weld County, Colorado Dear Ms. Martin: This letter is being sent to inform you that Kerr-McGee Oil & Gas Onshore LP ("KMG") holds valid and subsisting oil and gas lease rights in the captioned property. KMG's rights may be adversely affected by the P.U.D Final Plat being proposed by the JZM, LLC. KMG is submitting this comment and objection timely, in accordance with State of Colorado and Weld County's procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the leased lands. The company has the right to produce from existing wells, to maintain, rework. recomplete, and fracture those existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and the company is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its property. KMG's preferred practice is to meet with surface owners and attempt to conclude a mutually acceptable surface use agreement. It is essential that such an agreement be in place before the County approves the developer's application. However, as of this date, KMG and the JZM, LLC have not concluded such an agreement. KMG must object to any approval by the County of the JZM, LLC's plans that fail to fully accommodate KMG's right to explore for, develop and produce oil and gas from its leasehold interests. Weld County Department of Planning Services December 27, 2006 Page 2 KMG requests that the County withhold final plat approval until such time as the surface owner and KMG have concluded a surface use agreement. Any future surface development plans should incorporate and designate lands to be set aside for mineral development and expressly provide protection for KMG's current and future well, pipelines, gathering lines and related oil and gas facilities and equipment. Weld County has a constitutional obligation to ensure that the property rights of mineral interest owners are accommodated in its land use planning process. Approval of any surface development plan that forecloses the rights of mineral owners may be a compensable taking. Please contact me at 720-264-6772 if you have any questions or comments about this matter. KMG hopes to conclude a mutually acceptable surface use agreement with the surface owner of the property and looks forward to working with the County to accomplish its land use planning goals. Very truly yours, KERR-McGEE OIL & GAS ONSHORE LP Daniel Casper (/ Senior Staff Landman cc: JZM, LLC —Applicant (by U.S. mail) Joseph H. Lorenzo -Kerr McGee Oil & Gas Onshore LP Joseph Sanchez—Kerr-McGee Gathering LLC r-- :NORTHERN COLORADO CONSTRUCTORS FAX NO. :3038572933 Sep. 15 2003 08:56AM P2 ill DavisCrahaiii & Stubbs LLP September 12,2003 John Zadel 4200 WCR 19 Fort Lupton, CO 80631 .. . Re: Surface Use Agreement Distant Thunder Subdivision Dear John: As we discussed,at my meeting with Gordon Allott and Jason Lilley of K.P.Kauffman Company on September 4,Kauffman offered the following as a means of resolving our differences over the proposed Surface Use Agreement and future drilling within the Distant Thunder Subdivision. Kauffman would agree to relocate their existing operations area from within the portion of the subdivision which is intended to be developed as single family housing into the open space -- portion of the subdivision. The new operations area would be located close to the western edge of the open space approximately parallel with the location of the existing plugged well and operations area already in the open space. Kauffman would seek a 200 foot radius around the proposed well location, and an access easement, the placement of which we can discuss,but which would generally be along the northern line of the subdivision, in order to permit Kauffman to reach the tank battery. They will seek to have our agreement that no improvements will be built within the 200 foot radius,which should not be a problem, as it is in the open space. We will need to have a legal description prepared for the new location, and perhaps for the proposed easement and we should discuss additional terms as may be appropriate. Please feel free to call me if you have any questions or comments. Sincerely, / 6arbara J. Mueller . for DAVIS GRAHAM&STUBBS LLP ,.•.., barbaraJ.Mutlttr 303 892 7417 barbara.mu*IerSdgflaw.cem US05eventeendr Street - Suite 530 . LiLr e, C.uk,u9h>30uil - 3cil 892.9400 - fax 3038931379 X526687.1 www.egstaw.com 09/12/03 12:17 PM DAVIS GRAHAM & STUBBS LLP Attorneys at Law 1550 Seventeenth Street,d/500 DENVER,COLORADO 80202 Telephone: 303-892.9400 Facsimile: 303-893-1379 FAX TRANSMITTAL UNI'E: May 15,2003 TOTAL NO.OF PAGES: 3.__ FAX NO.: 970.304-6498 TO: Weld County Planning Department FAX NO.: 303-857-2933 TO: John Zadel FROM: Parbara J.Mueller EXT.7417 USER/1 0209 RETURN DOCUMENT TO: Alison Bender EXT. 7503 LOC,2508 CLIENT NAME/MATTER NO: 260080-0001 IF YOU EXPERIENCE TROUBLE WFFH THIS TRANSMISSION, PLEASE CALL AS SOON AS POSSIBLE: 303/892-9400 EXTENSION: 7503 (FAX: 303/893-1379) 'fhe infoirnnliun contained in or attached to this PAX message is intended only for the confidential use of the indlyldualf5l named ahoy.. !rpm an•not the naiywl rrripirni nr•m egnnt ryrpi ncjble fur delivering it to the named recipient,you ere tetchy notified that you have received this document In error and that review, diaxmination or copying ufthiscommuniention is yiuhi&ituJ If you have received this communication in error,please notify us immediately bytelepltone and return the documents to us by mail. Thank you. MESSAGE kft ,� o P u1f (-1r bra ? DavisCraham & Stubbs i. ir May 14,2003 VIA FACSIMILE Weld County Planning Department 1555 N. 17 Avenue Greeley, CO 80631 Attn: Chris Gatlunan Re: Distant Thunder P.U.D. S112 10-1-67, Weld County Dear Mr. Gathman: I am writing to you on behalf of my client, John Zadel, in connection with his pending application for the Distant Thunder minor subdivision, We want to document for you the exceptional difficulty Mr. Zadel has been encountering in attempting to obtain a surface use agreement from K.P. Kauffman Company, Inc. ("KPK"), a lessee of oil and gas rights on the property. 1CPK and Mr. Zadel began conversations concerning the proposed Distant Thunder P.U.D. and a surface use agreement in August of 2001. The discussions have continued sporadically since that time and KPK forwarded for review a general form of surface use agreement which was not reflective o f the property conditions in September of 2002. Comments on the form were returned, and we thought we had finally made progress toward a final agreement at a meeting with KPK representatives on February 14, 2003. We were told to expect a revised agreement in the next week. However since that time, we have had only telephone and email contacts reporting that KPK would turn to the surface use agreement soon, or were reviewing the layout of the Distant Thunder P.U.D. The plat about which KPK is now professing concern is unchanged from the plat which has been in their hands for months. As of this date, we have not received the promised surface use agreement for review, The delays Mr. Zadel has experienced in attempting to obtain a surface use agreement from KPK have delayed the project and caused additional expense. We have come away with the impression that delay may be a tactic to frustrate the P.U,D. process, since it is the understanding of the parties that a surface use agreement is a requirement for the approval of the minor subdivision, although I did not note a reference to surface use agreements in my review of the Weld County subdivision ordinance. We understand that surface owners have an obligation to use the surface in a manner which does not interfere with the rights of mineral owners, and we believe the Distant Thunder plan accomplishes that. Neither, however, should holders of mineral rights in a property be able to block all improvements to the surface and stop the process merely by refusing to respond. Barba,a 1.Mueller.303 892'.1I 7 borbara.mueIkrthigaiav:,(gn ww.dy vl aw.r on, Mr. Zadcl will be in contact with you soon in order to discuss what avenues he may be able to pursue to gain approval for the Distant Thunder P.U.D. in the event we arc not able to enter into a surface use agreement with KM. We very much appreciate your attention and assistance. Please feel free to contact me at your convenience if you have any questions I might be able to answer. Thank you. Very truly yours, / Barbara J. Mueller for DAVIS GRAHAM&STUBBS LLP cc: John Zadel r May 9, 2003 HAND DELIVER Gordon Allott, Executive Vice President and General Counsel Jason D. Lilley, Land Manager K.P. Kauffman Company, Inc. 1675 Broadway Suite 2800 Denver, CO 80202 Re: John Zadel Distant Thunder PUD;Northern Colorado Constructors, Inc. Gentlemen: I am writing on behalf of our client, John Zadel, to express our frustration and disappointment in the lack of progress concerning the Distant Thunder PUD and the actions of K.P. Kauffman Company("KPK")crews on the property involved. KPK and Mr. Zadel began conversations concerning the proposed Distant Thunder subdivision in August of 2001. The discussions continued sporadically for some time and we thought had finally reached fruition at our meeting on February 14. At that meeting, we discussed many issues, reached agreement on most and were advised to expect your revised Surface Use Agreement in the next week. Four weeks later we did receive a draft of a Surface Use Agreement for Northern Colorado Constructors, Inc., which we had also discussed at the meeting and we hope that we have reached agreement concerning the Northern Colorado Constructors agreement, although we have not yet heard that from you. However, after more than twelve weeks, we have not yet received a revised Surface Use Agreement for the Distant Thunder PUD. And in all this time, despite numerous requests, KPK has not located its pipelines on the property. At our meeting in February, we also discussed the wholly unnecessary crop damage crews working for KPK were inflicting by ignoring the roads and driving where they pleased across the property. Nor did the KPK crews clean up the oil, debris and mess they left on the property after plugging a well. We were assured these actions were an aberration and would not continue, but that has proven not to be the case. Last week, it happened again. A message was left with Mr. Zadel's office that KPK needed to enter the property due to a possible leak in a pipeline you have never located on the property. KPK was told not to enter the property until the issues with access and negligent treatment of Mr. Zadel's property were addressed. The KPK crew entered anyway, again ignoring the road and driving through the property causing crop damage. Rather than returning Mr. Zadel's call, a message was left at his office, which roughly Barbara J.Mueller.303 892 7417.barbara.mueller©Egslaw.com translated, appeared to be that KPK has the right to do as it pleases, and by the way, since there may be pipelines KPK had not located, Mr. Zadel's plans on which he has already spent a great deal of time and money will most likely have to change. We understand that KPK has a right to reach its well locations and other improvements on the property. However, KPK is responsible under its lease for the crop damage it causes, is subject to rules requiring it to clean up its well sites and to statutes requiring it to locate its lines. KPK has reminded us several times that it is being asked to locate many lines and review many surface use agreements. We have been more patient than KPK should be able to expect, especially in the face of the expense the delay is causing and the inconsiderate treatment Mr. Zadel has received in return for his patience. The situation has continued for so long that Weld County 's other PUD requirements were satisfied some time ago, and the Weld County planning office is now willing to consider whether KPK's unresponsiveness is reason enough to allow the Distant Thunder subdivision to proceed without KPK's surface use agreement. It continues to be our desire to work with KPK and with you gentlemen in particular in the cordial and mutually beneficial manner we thought had been established at our February meeting. In order to do that,however, certain things must occur: (1) The finalization of the Northern Colorado Constructors Surface Use Agreement; (2) KPK's crews must discontinue causing unnecessary damage to the property, and KPK must honor its lease by reimbursing Mr. Zadel for the damage caused; (3) KPK must immediately locate whatever lines it may have across the Distant Thunder property, so that Mr. Zadel can evaluate how those lines affect his plans, and whether KPK has any right under its lease to locate the lines across the property; and (4) A surface use agreement for Distant Thunder PUD based upon our discussions must be presented. We would urge you to use the draft we presented to you before the February meeting, making corrections to accommodate the batteries on-site as necessary, so that we end up with something usable. We would very much appreciate a timely response. Very truly yours, Barbara J. Mueller for DAVIS GRAHAM& STUBBS LLP cc: John Zadel Hello