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Weld County Pla
November 7th, 2005 CREELEy fling D Panment
NovOFFICE
1A
R 2005
Department of Planning Services RECEIVED
918 10th Street
Greeley, CO 80631
To Whom This May Concern;
In reference to USR-1536 for Donald and Cheryl Hackett:
I have no objections to the Hacketts request for a Special Review Permit. Their having
dachshunds on their farm does not change the area at all. It is predominately family run
farms with greyhounds and they have always fit in nicely.
They're very nice neighbors. If it weren't for this hearing you would never know that
they have dogs at all. They've never been a problem nor do I see them being any trouble.
Sigcerely,
Mr. Bryon Legg
15027 WCR 18
Fort Lupton, CO 80621
2006-0300
EXHIBIT
leel
K. P. KAUFFMAN COMPANY, INC.
Weld Count
WORLD TRADE CENTER
GREELEV 0FFI 1675 BROADWAY, 28TH FLOOR
Y Planning Department DENVER. COLORADO 80202-4628
CE
X TELEPHONE(303) 825-4822
NO V X 8 2005 FACSIMILE(303) 825-4825
RECEIVED www.kpk.com
November 7, 2005
Weld County Dept. Of Planning Services
918 10th Street
Greeley, Colorado 80631
Re: Site Specific Development Plan and a Special
Review Permit for a kennel in the A Zone District
Weld County, State of Colorado
Dear Sirs:
As per the Referral Letter that I received, K. P. Kauffman Company, Inc. (KPK),
as mineral lessee, has been notified by Weld County of the proposed Site Specific
Development Plan and a Special Review Permit for a kennel in the A Zone District
(Surface Development). KPK's mineral estate within the subject property consist of
numerous oil and gas wells, tank batteries, flow lines, pipelines, recorded easements,
easements, access and other oil and gas leasehold fixtures. Also, KPK has the right to
drill additional wells on the property as per the legislation of the Colorado Oil and Gas
Conservation Commission. The proposed Surface Development will directly impact
KPK's existing and future oil and gas operations.
KPK requests assurance from Weld County that the proposed Surface
Development will not preclude KPK from drilling, operating, producing and other normal
activities for maintaining existing and future oil and gas lease operations. KPK objects to
the proposed Surface Development because of the damaging impact the Surface
Development will cause to KPK's real property rights and said oil and gas lease
operations. KPK requests any approval of the Surface Development be conditioned upon
KPK's reasonable use of the surface. Any approval of the Surface Development should
be conditioned upon an executed Surface Use Agreement (SUA) between KPK and
Donald and Cheryl Hackett (Developer).
As of the date of this letter, KPK has not formalized an SUA with the Developer.
In the absence of a SUA, the action of Weld County may impair the real property rights
and oil and gas leases rights of KPK. Also, approval of the Surface Development Final
Plat by Weld County may constitute regulatory takings of KPK's real property rights.
EXHIBIT
K. P. KAUFFMAN COMPANY, INC.
Page 2
October 31, 2005
Objection Letter
KPK requests this letter of formal objection for the Surface Development plat be
noted and recorded within Weld County hearings and notices. Should you have any
questions please contact me at any time. Thank you for your attention to this matter.
Sin rely,
K . KAUFFM C , INC.
J on D. Liiey
V ce President, Land
;JDL/ehb
end.
cc: Mr. Gordon L. Allott, Jr.
Attorney at Law
KERN-MCGEE ROCKY MOUNTAIN CORPORATION
1999 BROADWAY,SUITE 3]00•DENVER,COLORADO 80202
December 19, 2005
PHONE: 303-296-3600
FAX: 303-296-3801
VIA FACSIMILE AND U.S. MAIL
Weld County Planning Department
GREELEY OFFICE
Weld Board of County Commissioners
Attn: Jacqueline Hatch, Planner DEC 2 1 2005
0 915 10th
Greeley, RECEIVED
Colorado 80631
Re: Hackett Kennel - Special Review Permit
Donald & Cheryl Hackett, Applicant
Township 2 North, Range 66 West of the 6th P.M.
Section 22: W/2SW/4
Weld County, Colorado
Dear Board of County Commissioners,
The purpose of this letter is to inform you that Kerr-McGee's oil and gas rights may he
adversely affected by the Special Review Permit Request currently proposed by Donald & Cheryl
Hackett. It is my understanding that an initial public hearing on the Hackett's application for
special review permit approval is scheduled for Tuesday, December 20, 2005.
Kerr-McGee owns interest in the oil and gas leasehold estate in Section 22, Township 2
North, Range 66 West. This real property interest, which has been recorded, entitles Kerr-McGee
to produce oil and gas from these lands. Kerr-McGee also has the legal right to drill future wells
on the Property in accordance with Colorado Oil and Gas Conservation Commission Rule 318A
and other applicable law. Kerr-McGee believes that the oil and gas resources underlying the
Property have significant value and, therefore, is concerned about any surface use or plan of use
that would restrict or preclude the use and enjoyment of these rights.
In addition, Kerr-McGee owns easements and rights of way on the Property within which
it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care
must be taken to insure that uses of the surface estate approved by the County above or near these
pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights
of use.
Kerr-McGee's preferred practice is to meet with and attempt to conclude a mutually
acceptable surface use agreement with the surface owners or their agents. Although it is crucial
that an agreement be in place prior to the County's approval of the developer's application, as of
this date no agreement has been reached and no surface use agreement relatin. • Kerr-McGee's
EXHMBIT
Weld Board of County Commissioners
December 19, 2005
Page 2
right to explore for and produce oil and gas in Section 22, Township 2 North, Range 66 West, is in
place.
For these reasons, Kerr-McGee objects to any future plat approval or surface development
that fails to fully recognize and accommodate Kerr-McGee's access to, and utilization of, its
valuable property rights in Section 22, Township 2 North, Range 66 West. Kerr-McGee requests
that the County require an executed surface use agreement between the surface owner and the
mineral owners prior to final plat approval as a condition of this application. Moreover, any future
plans should incorporate and designate those lands to be set aside for mineral development and
expressly address what measures will be taken to protect Kerr-McGee's current and future wells,
pipelines, gathering lines and related oil and gas facilities and equipment.
Please contact me at 720-264-2642 if you have any questions or comments about this
matter. Kerr-McGee hopes to conclude a mutually acceptable surface use agreement with the
surface owner of the Property and looks forward to cooperating with the County to accomplish its
land use planning goals.
Sincerely,
Kerr-McGee Rocky Mountain Corporation
I P_
Terry D nr t ht
Landma :- ialist
cc: Donald and Cheryl Hackett, Applicant (by facsimile and U.S. mail)
James P. Wason—Kerr-McGee Rocky Mountain Corporation
Kevin Osif—Kerr-McGee Gathering LLC
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