HomeMy WebLinkAbout20060728.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Numbers: 1061 05 000036
Legal Description: Lot B of RE-2953; Part of the SW4 of Section 5, T4N, R68W of the 6111 P.M., Weld County,
Colorado
Existing Zone District: A(Agricultural); Proposed Zone District: PUD; Total Acreage: 71.68; Proposed#/Lots: 9
Average Lot Size: 5.18 acres; Minimum Lot Size: 4.7 acres; Proposed Subdivision Name: Twin View Estates
Proposed Area (Acres) Open Space: 10.48 acres
Are you applying for Conceptual or apecific Guide? Specific
FEE OWNER(S) OF THE PROPERTY(If additional space is required, attach an additional sheet)
Name: Twin View Estates LLC Work Phone#: (970) 226-1414
Address: 3555 Stanford Rd., #204, Fort Collins, CO 80525
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized
Agent)
Name: Lauren Light, LANDPROfessionals LLC Phone: (970) 535-9318
Address: 4350 Highway 66, Longmont, CO 80504 Email: Llight@agpros.com
UTILITIES: Water: Little Thompson
Sewer: Engineer Designed Septic Systems
Gas: Propane
Electric:Poudre Valley REA, Inc.
Phone: Qwest
DISTRICTS: School: Thompson R-2 (J)
Fire: Berthoud Fire Protection District
Post: Berthoud
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 corporation. I(we),the undersigned,hereby request hearings before the
Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of
Zone for the above describ unincorporated area of Weld County, Colorado:
O
ay/o
Signature: Owner or Authorize gent D to
EXHIBIT
2006-0728
4311 Highway 66, Suite 4
Longmont, CO 80504
Office (970) 535-9318
Metro (303) 485-7838
Fax: (970) 535-9854 LANDPRO
LANDPROfessionals, LLC
November 1, 2004
Weld County Planning Department
1551 N. 17`h Avenue
Greeley, CO 80631
To Whom it May Concern,
We have contracted with LANDPROfessionals, LLC to process all work related to a
Planned Unit Development application to be filed at Weld County.
LANDPROfessionals, LLC is authorized to represent Twin View Estates, LLC
throughout this process. Stephen Greenlee is authorized to sign for Twin View
Estates, LLC.
Sincerely,
Stephen Greenlee
STATEMENT OF AUTHORITY
1 . This Statement of Authority relates to an entity
named: TWIN VIEW ESTATES, LLC, a Colorado Limited Liability
Company.
2 . The type of entity is a limited liability company.
3 . The entity is formed under the laws of Colorado .
4 . The mailing address for the entity is 3555 Stanford
Road, Suite 204 , Fort Collins, Colorado 80525 .
5 . The names and positions of the persons authorized to
execute instruments conveying, encumbering or otherwise
affecting title to real property on behalf of the entity are as
follows :
Mark A. Kross Manager
Stephen C . Greenlee Manager
6 . The foregoing shall not be construed as precluding the
exercise by any other party of due authority to execute
instruments conveying, encumbering or otherwise affecting title
to real property on behalf of the entity.
7 . Except as specified in paragraph 5, above, the
authority of the foregoing persons to bind the entity is not
limited.
8 . This Statement of Authority is executed on behalf of
the entity pursuant to the provisions of Section 38-30-172 ,
C .R. S .
r
EXECUTED this ?3 \day of September, 2002 .
TWIN VIEW ESTATES, LLC,
a Coloorradoo Limited Liability Company
B y: ,�' "(�✓1.d .e \
Mark A. Kross, Manager
B ! C n ��� ��
By:
Stephen C . Greenlee, Manager
STATE OF COLORADO )
) ss .
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
day of September, 2002, by Mark A. Kross and Stephen C .
Greenlee as Managers of TWIN VIEW ESTATES, LLC, a Colorado
Limited Liability Company.
WITNESS my hand and official seal .
My commission expires : —7/d(p/2CUID
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ARTICLES OF ORGANIZATION
FOR COLORADO LIMITED LIABILITY COMPANY
01321253360
Twin View Estates, LLC $ 100.00
SECRETARY OF STATE
09-13-20Q2 09;4&.47
The undersigned, a natural person of at least 18 years of age, acting as an organizer,hereby
forms a limited liability company by virtue of the Colorado Limited Liability Company Act, and
adopts the following Articles of Organization for such limited liability company.
ARTICLE I
Name
The name of the limited liability company is Twin View Estates,LLC,hereinafter referred
to as"the Company."
ARTICLE II
Principal Place of Business
The initial principal place of business of the limited liability company in this state is 6933 /
Sedgwick Drive,Fort Collins, Colorado 80525.
ARTICLE III
Registered Agent and Business Address
The initial registered agent and Organizer of this limited liability company in this state is
Burton C. Kress. The initial business address of the limited liability company and the registered
agent in this state is 6933 Sedgwick Drive,Fort Collins, Colorado 80525.
ARTICLE IV
Management
Management of the limited liability company is vested in the managers. The name and
business address of the initial managers who are to manage the limited liability company until the
first annual meeting of the members or until his successor is elected and qualified is as follows:
^' /2CMPUTER UPDATE COMPLETE
Name Address
Burton C.Kross 6933 Sedgwick Drive
Fort Collins, Colorado 80525
Mark A.Kross 2719 Antelope Drive
Fort Collins,Colorado 80525
T.Russell McCahan 801 Hinsdale Drive
Fort Collins,Colorado 80526
Stephen C. Greenlee 4926 Kitchell Way
Fort Collins, Colorado 80524
ARTICLE V
Membership
The undersigned organizer certifies that there are at least two members desiring to form a
limited liability company.
ARTICLE VI
Duration
The period of duration of the Company shall be 30 years.
ARTICLE VII
Purpose
The purpose for which this limited liability company is formed is to engage in any and all
lawful business.
ARTICLE VIII
Continuation
Upon the death, retirement,resignation,expulsion,bankruptcy or dissolution of a
member or the occurrence of any other event, which terminates the continued membership of a
member of the Company,the remaining members may unanimously agree to continue the
business of the Company provided there are at least two remaining members.
IN WITNESS WHEREOF,I have signed these Articles of Organization this 5 day of
September 2002,and I acknowledge the same to be my true act grid deed. q�
/mow Z
Burton C.Kross, Organizer
CONSENT OF REGISTERED AGENT
I hereby consent to my appointment as initial Registered Agent of the limited liability
company in the State of Colorado in the foregoing Articles of Organization.
62 , cs _ �
Burton C.Kross,Registered Agent
Document Filing
The name and address of the individual causing the documents to be delivered for filing is
as follows: Burton C.Kross, 6933 Sedgwick Drive,Fort Collins, Colorado 80525.
•
-3-
08/31/2005 15:58 970535985^ AGPROS - PAGE 05/06
SIGNAGE
A subdivision sign for Twin View Estates will be constructed. The sign will be 25
to 50 square feet per face and will be constructed of stone. The text will state
"Twin View Estates". The exact location of the sign will be noted on the final plat.
Please refer to attached document for examples.
08/31/2005 15:58 97053598"" AGPROS PAGE 06/06
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SITE SPECIFIC DEVELOPMENT GUIDE FOR TWIN VIEW ESTATES PUD
COMPONENT ONE—ENVIRONMENTAL IMPACTS
1. Noise and Vibration— Twin View Estates is a residential development and as
such there will be no adverse impacts from noise or vibration.
2. Smoke, dust and odors—As this is a residential development there will not be any
impact to the environment from smoke, dust or odors.
3. Heat, light and glare— Lighting will be typical for a residential development.
There will not be an adverse impact from heat, light or glare.
4. Visual/aesthetic impacts—Lots and houses will be oriented to take advantage of
the views to the west.
5. Electrical interference—There will not be any equipment which will cause undue
electrical interference.
6. Water pollution—There will be no activities which will cause water pollution.
7. Wastewater disposal—Individual septic systems will be utilized for wastewater
disposal.
8. Wetland removal—There are no jurisdictional wetlands located onsite.
9. Erosion and sedimentation—Construction activities will be conducted in a
manner as to reduce potential erosion concerns.
10. Excavation, filling and grading—Construction of foundations and roads will be
closely monitored and all regulations will be adhered to.
11. Drilling, ditching and dredging—Will not occur onsite.
12. Air pollution—Is not an issue in a residential development.
13. Solid waste—Individual homeowners will be responsible to remove household
trash.
14. Wildlife removal—There are no existing colonies of wildlife that will be
disturbed.
15. Natural vegetation removal—Homeowners will be encouraged to leave as much
natural vegetation as possible on their lots.
16. Radiation/radioactive material—None.
17. Drinking water source— Little Thompson Water District
18. Traffic impacts—As the development is for only nine lots, impacts to traffic will
be minimal.
COMPONENT TWO—SERVICE PROVISION IMPACTS
I. Schools—There will be an impact of 7 additional students. The school district
has indicated that cash-in-lieu will need to be paid. The District has approved the
bus pull-off location.
2. Law enforcement—The sheriffs office recommendations will be taken into
account and will be adhered to when applicable.
3. Fire protection—Berthoud Fire Protection District will provide service and this
development will adhere to their rules and regulations when applicable.
4. Ambulance—Emergency service will be available through the fire district and
Weld County.
5. Transportation—The interior roadways will be constructed to County and
Berthoud Fire District standards. Roads will be collateralized in an improvements
agreement as necessary.
6. Traffic impact analysis—Not required by Weld County Department of Public
Works.
7. Storm drainage—A final drainage report will be submitted with the final plat
application and will adhere to Weld County regulations.
8. Utility provisions—All utility providers have been contacted and utilities are
available to the site.
9. Water provisions—Little Thompson Water District will provide water to the site.
10. Sewage disposal system—Individual sewage disposal systems will be designed
and constructed to Weld County standards.
11. Structural Road Improvements Plan—Roads will be constructed to Weld County
specifications.
r
COMPONENT THREE-LANDSCAPING ELEMENTS
1. Minimal landscaping is planned. The open space will remain in dry land grass.
The homeowners association will be responsible for maintenance of landscaping.
COMPONENT FOUR— SITE DESIGN
1. Section 22-2-60.C (A.Goal.3) "Provide mechanisms for the division of land
which is agriculturally zoned. Options for division shall be provided to ensure the
continuation of agricultural production and accommodate low intensity
development." A nine-lot subdivision is a low intensity development. The Right-
to-Farm note will be included on the change of zone as well as final plat
documentation in order to notify potential purchasers that agricultural uses can
occur on adjacent properties. The plat notes will ensure the continuation of
agricultural production on adjacent properties.
Section 22-2-60.D (A.Goal.4) "Conversion of agricultural land to nonurban
residential use will be accommodated when the subject site is in an area that can
support such development." The proposed PUD is for a nine-lot subdivision that
is defined as nonurban in the Weld County Code. Services are currently available
or reasonably obtainable for this site.
Section 22-2-60.C (A.Policy.3.1) "Options for the division of agriculturally
zoned land are available in Chapters 24 and 27 of this Code" Chapter 27 allows
for a PUD process to divide agriculturally zoned properties.
2. As this is a residential development,there will not be any conflicting uses.
3. The Right-to-Farm statement will be provided on plats to insure compatibility
with adjacent farm ground. The development is located in an area which is
conducive to residential uses.
COMPONENT F IVE-COMMON OPEN SPACE USAGE
Common open space of approximately 10.84 acres will be provided. The open
space acreage exceeds the urban standard requirement of 15%. The open space
will be owned and maintained by the Homeowners Association. The covenants
for Twin View Estates will address all aspects of the open space such as
maintenance, taxes and use restrictions. Homeowners will be required to join the
homeowners association and the covenants will be established prior to the sale of
lots.
0
COMPONENT SIX- SIGNAGE
Individual signs will adhere to the requirements of the Estate Zone District. A
subdivision sign may be constructed and located near the entrance but not in an
area which restricts visibility to either incoming or outgoing traffic. The location
will be noted on the plat.
COMPONENT SEVEN—MUD IMPACT
This component is not applicable as the subdivision is not located in the MUD.
COMPONENT EIGHT- INTERGOVERNMENTAL AGREEMENT IMPACTS
This component is not applicable as the subdivision is not located in any IGA
area.
VARIANCE FROM REQUIREMENTS OF ESTATE ZONE DISTRICT
Twin View Estates will adhere to the requirements of the Estate Zone District.
REQUEST ADMINISTRATIVE REVIEW
Administrative review of the final plat by Weld County Department of Planning
Services is requested.
WAIVER REQUESTS
A waiver from curb, gutter and sidewalk is requested.
There will be a path located around the perimeter of the subdivision, which will
provide an area for walking that is not located adjacent to the road. This path will
allow neighbors to visit other properties without walking in the road.
The addition of curb and gutter in a small subdivision, such as Twin View Estates,
increases the infrastructure costs as well as the impervious area. Adding curb and
gutter would require the addition of underground piping to route the water to the
detention pond. The sketch drainage plan, which has been approved by Weld
County Department of Public Works, routes the water to the same detention pond
by utilizing overland flows. There are drainage easements throughout the
subdivision as required by the Weld County Code. Due to the design of Twin
View Estates, curb and gutter will not tie into adjacent subdivisions in the future,
as the roads will not be extended because of the lot layout.
r
AGPRO ■ LANDPRO
COMPLETE LAND AND RESOURCE SOLUTIONS
August 23, 2005
The following information addresses the concerns that were presented at
the sketch plan phase of the Twin View Estates development.
A. Covenants will be provided at the Final Plat stage, which might denote
uses that may be more restrictive than the Estate Zone District.
B. The Little Thompson Water District and the Weld County Attorneys
office have approved the Main Line Water Extension Agreement.
Refer to attached documentation.
C. The sign for the development will be located near the bus pullout and
will state "Twin View Estates". An exact location and design will be
determined at the final plat stage when surveying is completed.
D. An agreement with the School District has been completed. Please
see attached correspondence.
E. An agreement with the Post Office has been initiated. Please see
attached correspondence.
F. The State Division of Water Resources has approved the water supply.
Please see attached correspondence.
G. A surface use agreement with Loveland Gas Processing Company has
been completed. Please see attached correspondence.
H. A determination has been provided by the law firm of Hasler, Fonfara
and Maxwell LLP regarding the irrigation ditch. Please see attached
correspondence.
I. Berthoud Fire Protection District concerns have been addressed.
Please see attached correspondence from the District.
J. Mineral owners and lessors will be notified via certified mail. In
addition, the Loveland Gas Processing Company has approved a
surface use agreement, which is part of the COZ submittal.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
AGPROfessionals, LLC/LANDPROfessionals, LLC
4350 Highway 66•Longmont,CO 80504
970.535.9318/office• 303.485.7838/metro.970.535.9854/fax• www.agpros.com
August 23,2005
Page 2 of 5
If you have any questions please contact me at the number noted below.
Sincerely,
(C�
auren Ligh
t
Senior Planner/Project Manager
LANDPROfessionals, LLC
(970) 535-9318 Office
(970) 535-9854 Fax
(303) 485-7838 Metro
4350 Highway 66
Longmont, CO 80504
llight(a�agpros.com
Page 1 of 1
Lauren Light
From: Nansi Crom (cromn@thompson.k12.co.us]
Sent: Tuesday, August 16, 2005 2:13 PM
To: Lauren Light
Subject: Re: FW: Twin View Bus Area
Your diagram of the student pick up area looks like it will work-this is exactly the configuration that I was
trying to describe to you. Most likely the bus would not turn into Twin View Dr., but it is a good option to have
an area that woul d permit a large vehicle space to turn around .
Thanks for your ideas!
8/23/2005
AGPROfessionals, LLC
LANDPROfessionals, LLC
.,, 4350 Highway 66,Longmont,CO 80504
Office:(970)535-9318 Fax:(970)535-9854
Fax
To: Anna Mary From: Lauren Light
Fax: 970-532-0384 Pages: 2,Incl.cover
Phone: Date: August 11,2005
Re: Twin View Estates CC: File
O Urgent O For Review x Please Comment O Please Reply O Please Recycle
I spoke with you in June regarding a 9-lot subdivision we are developing in Weld County. The
property is located just north east of the intersection of WCR 48 and WCR 3. Weld County requires us
to receive approval from the postal district for siting of a common mailbox. I have spoken with Brent
Todd and he determined our subdivision will be located in the Berthoud District. I am assuming we
will be required to put in a cluster mailbox facility. Do you sell the cluster boxes? I am also sending
you a drawing that depicts the location of the proposed mailbox location. Will this meet with the post
office requirements? You can either email or fax me back a response that I can provide to Weld
County.
Please call me at the above number or email me at: Ilightaagpros.com for any other information you
need.
Thank you for your help.
Lauren Light
n
Far to Post qffice2..doc
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER �,/owco�o
•�'Division of Water Resources Via/ �k''',
De-partment of Natural Resources {q , 8�
13'13 Sherman Street, Room 818
De nver,Colorado 80203
Phone (303)866-3581 March 8, 2005
FAX(303)866-3589 Bill Owens
www.water.state.co.us Governor
Michelle Martin Russell George
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Weld County Planning Department Weld t r HatD Executive Dson,R
° r - �`f arLf(!..TI
10th
- Hat E gineer P.E.
918 10 Street � ,, ,' ,: , �t;� State Engineer
Greeley Co 80631
4 ifi;f: _ D':
Re: Twin View Estates PUD-Sketch Plan
Sec. 5, T4N, R68W, 6th P.M a [..,"J..,"
`
Water Division 1, Water District 4
Dear Ms. Martin:
We have reviewed the above referenced proposal to subdivide a 71.68-acre parcel into
nine residential lots with an average lot size of 6.70 acres. A Water Supply Information
Summary Form was not included in the referral material and no information was provided on
water requirements for the development.
The proposed water source for this development is identified as the Little Thompson
Water District ("District"). A letter of commitment for service from the District was provided in the
submitted materials. According to the letter of commitment, the District will require the
developer to transfer to the District 1.4 shares of the Colorado Big Thompson (CBT) water or
other waters acceptable to the District for each lot and then pay for the rest of the tap fee as the
water lines are put in service.
Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the
opinion that contingent upon water service being provided by the District, the proposed water
supply will not cause material injury to existing water rights and the supply is expected to be
adequate.
If you have any question in this matter please contact Megan Sullivan of this office.
ick Wolfe, P.E.
Assistant State Engineer
cc: Jim Hall, Division Engineer
Water Supply Branch
Subdivision File
file
DW/MAS/Twin View Estates PUD
Lauren Light
rvom: Lauren Light[Ilight@agpros.com]
)nt: Friday, August 12, 2005 10:01 AM
To: scharles@berthoudfire.org
Subject: Twin View Estates
Thank you for sending a referral response to Weld County Planning on March 8, 2005
regarding Twin View Estates a proposed 9-lot subdivision east of WCR 3, just north of WCR
48. Weld County requires us to provide written evidence that we have addressed the Fire
Districts concerns brought up in regards to the proposed subdivision. It is my
understanding that as long as the development provides 2 fire hydrants, roads constructed
to Town of Berthoud standards and fire flows based on the 1997 UFC or flow requirements
can be reduced by sprinkling residences the Fire Districts concerns will be addressed.
Does that meet with your approval? Please call or email me with any questions. Thank you
for your response.
Lauren Light
AG and LANDPROfessionals, LLC
4350 Hwy 66
Longmont, CO 80504
970-535-9318
303-485-7838 (metro)
303-870-0013 (cell)
970-535-9854 (fax)
llight@agpros.com
1
Page 1 of 1
Lauren Light
From: Steve Charles [scharles@berthoudfire.org]
Sent: Tuesday, August 16, 2005 10:05 AM
To: (light@agpros.com
Subject: Twin View Estates
Lauren,
This is in response to your e-mail dated Friday, August 12, 2005. What I want to clarify is the following:
The required fire flow for dwellings under 3,600 square feet is 1,000 gallons per minute. The required fire
flow increases respectively as the square footage of the building increases as well as the type of
construction. Most dwellings are a Type V-N construction>
Square footage Required Fire Flow
3.601 to 4,800 1,750 GPM
4,801 to 6,200 2,000 GPM
6,201 to 7,700 2,250 GPM
As you can see the larger the dwelling the greater demand for available fire flow within the system. Two
fire hydrants may not provide the required fire flow because the system is not capable of delivering the
required fire flow. In this case automatic residential fire sprinkler systems would be required.. A reduction
of 50% in the required fire flow can be provided if an automatic residential fire sprinkler system is
installed. As you can see the most important factors is the availability the system can provide and the
total square footage of the dwelling including the unfinished basements.
I will FAX you a copy of this section of the code.
Respectfully,
Steve Charles, Fire Chief
8/23/2005
HASLER, FONFARA AND MAXWELL LLP
ATTORNEYS AT LAW
Sixth Floor,Key Bank Building
125 South Howes Street
Fort Collins,Colorado 80521
TIMOTHY W. HASLER Mailing Address:
JOSEPH H.FONFARA Post Office Box 2267
MICHAEL A. MAXWELL Fort Collins,Colorado 80522
TIMOTHY L. GODDARD
Telephone (970)493-5070
Facsimile (970)493-9703
September 23, 2005
Weld County, Colorado
Re: Twin View Estates P.U.D.
TO WHOM IT MAY CONCERN:
This law firm represents Twin View Estates, LLC, which is the
owner and developer of the above project (and is hereafter referred to
as "Owner" ) . Owner has requested that we provide Weld County with an
opinion regarding Owner' s right to cross over a pipeline easement
running through the project area pursuant to that certain Right-Of-Way
Grant dated March 18, 1982, recorded May 14, 1982, in Book 967, at
Reception No. 01891642 of the Weld County, Colorado records (the
"Pipeline Easement") .
Since the document creating the Pipeline Easement does not
specify that the Pipeline Easement is "exclusive, " Colorado law is
clear that the easement is "non-exclusive. " Given that the easement
is non-exclusive, Owner, as owner of the fee estate over which the
easement crosses, has a reasonable right to use the area crossed by
the easement, subject only to the dominant interest of the easement
holder (and as modified by the specific terms of the creating
document) . Specifically, and subject to the terms of the specific
document, Owner has the right to cross over the Pipeline Easement
without the consent of the easement holder, provided only that Owner
does so in a manner which will not unreasonably inhibit the easement
holder' s ability to use same and, again, subject to the specific
limitations set forth in the document creating the Pipeline Easement .
Exhibit B to the creating document is quite specific in
precluding a "paved" or "traveled" portion (i .e. , portion over which a
person travels from one location to another, as opposed to a private
driveway used by a particular owner) from being placed substantially
parallel to or within ten feet (10' ) of the pipeline (as opposed to
the easement itself) . In addition, the creating document specifically
HASLER,FONFARA AND MAXWELL LLP Weld County, Colorado
ATTORNEYS AT LAW September 23, 2005
Page 2
provides that any streets, driveways, etc. which are installed over
the easement will be installed "at approximately right angles to the
pipeline."
Based on the foregoing, it is our opinion that the Owner clearly
has the right to install private, unpaved driveways crossing the
Pipeline Easement, provided only that each unpaved driveway is
designed so as to cross the pipeline at approximately a right angle.
It is our understanding that Magpie Operating, Inc. , a Colorado
Corporation, may assert some right, title or interest in and to the
Pipeline Easement (though we are unable to locate any recorded
document which would grant any interest to Magpie) . While it is
clear, as set forth above, that consent of the holder and user of the
Pipeline Easement is not required (again provided that Owner comply
with the conditions noted above) , we also point out that Magpie is
party to a Surface Use Agreement dated June 30, 2004, with Owner,
which, among other things, provides that Magpie acknowledges Owner' s
intent to develop the property for residential or other purposes, and
Magpie agrees to cooperate with such development provided only that
the proposed development does not result in unreasonable increased
risk to the health and safety of Magpie' s employees or others or
unreasonably interfere with or unreasonably increase the cost of
operation or production of Magpie' s well or wells . The contemplated
crossings of the pipeline would not, by definition as set forth in the
terms and conditions of the granting document itself, impose any such
unreasonable condition or obligation.
Sincerely,
MICHAEL A. MAXWELL
MAM/rlw
cc : Mr. Burton C. Kross - via e-mail
Ms. Lauren Light - via e-mail
Lee D. Morrison, Esq. - via e-mail
06/27/2005 11:35 9702064458 KROSS PAGE 05
HASLER,FONFARA,AND MAXWELL LLP
ATTORNEYS AT LAW
Sixth Floor,Key Bank Building
125 South Howes Street
Fort Collins,Colorado 80521
TIMOTHY W.HASLER Mailing Address:
JOSEPH a FONFARA Post Office Box 2267
MICHAEL A.MAXWELL. Fort Collins,Colorado 80522
TIMOTHY L.GODDARD
Telephone (970)493-5070
Facsimile (970)493-9703
June 23, 2005
Weld County, Colorado
Re: Twin View Estates
TO WHOM IT MAY CONCERN:
This law firm represents Twin View Estates, LLC, which is
the owner and developer of the above project (and is hereafter
referred to as "Owner") . Owner has requested that we provide
Weld County with an opinion regarding Owner' s right to cross
certain ditches running through the project area pursuant to
grants of easement contained in that certain Quit Claim Deed
dated October 1, 1967, recorded December 7, 1967, in Book 589,
at Reception No. 1510620 of the Weld County, Colorado records,
and dated October 1, 1967, recorded December 7, 1967, in Book
589, at Reception No. 1510621 of the Weld County, Colorado
records (jointly, the "Easements") .
Since the documents creating the Easements do not specify
that the Easements are "exclusive, " Colorado law is clear that
the easements will be considered "non-exclusive. " Given that
the easements are non-exclusive, Owner, as owner of the fee
estate over which the easements cross, has a reasonable right to
use the area of the Easements, subject only to the dominant
interest of the easement holder. Specifically, Owner has the
right to cross the ditch located on the Easements, without the
consent of the easement holder, provided only that Owner does so
in a manner which will not unreasonably inhibit the easement
holder' s ability to use same, to maintain the ditch, to spray
and burn weeds, and _provided that Owner does not damage the
ditch structure itself. See, Osborn & Caywood Ditch Co. v.
bb!L//ARM 11:Jb y IF?'2bb44hti KROSS PAGE 06
BBASLER,FONFARA AND MAXWELL LLP Weld County, Colorado
ATTORNEY$AT1.AW June 23, 2005
Page 2
Green, 673 P, 2d 380 (Colo. 1983) . All of these concerns can be
addressed by appropriate design of the crossing, again without
the consent of the easement holder.
Sincerely,
MICHAEL A. MAXWELL
MAM/r1w
cc: Mr. Burton C. Kross - via e-mail
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT (this "Agreement") is made and
entered into this 30� day of 2004 , by and
between TWIN VIEW ESTATES, LLC, a Colorado Limited Liability
Company, the mailing address of which, for purposes of this
Agreement, is 3555 Stanford Road, Suite 204 , Fort Collins,
Colorado 80525 ("Owner") and MAGPIE OPERATING, INC. , a Colorado
Corporation, the mailing address of which, for purposes of this
Agreement, is 2707 South County Road 11, Loveland, Colorado
80537 ("Operator") .
RECITALS
A. Owner is the owner of the surface (and related mineral
interest) and is in possession of certain real property
described on Exhibit "A" attached hereto and incorporated herein
by this reference (the "Property") .
B. Operator is the owner and holder of a leasehold and
working interest in the oil and gas estate underlying all or
portions of the Property and is conducting oil and gas
production operations and proposes to conduct additional
drilling and production operations on the Property, in the
future .
C. Owner and Operator desire to mitigate any surface
damage to the Property and to set forth their agreement with
respect to further oil and gas operations on the Property, the
accommodation of development of the surface, and to provide for
cooperation between the parties and the mutual enjoyment of the
party' s respective rights in and to the Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the
covenants herein made and the mutual benefits to be derived
therefrom, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties hereto agree as follows :
1 . Use of Lands . Each of the parties covenants and
agrees that it shall strictly observe the terms and conditions
regarding surface occupancy set forth in this Agreement . This
Agreement, and the rights and benefits granted and created
herein shall be effective as of the date of this Agreement and
shall continue in full force and effect until the later to occur
of (i) permanent cessation of operations being conducted the
Drill Site Areas and Production Facilities Areas, as hereafter
defined, or (ii) expiration or termination of all oil and gas
leases affecting the Property in existence at any time during
the term of this Agreement .
2 . Drill Site Area . Operator acknowledges that only the
"Drill Site Areas" and "Production Facility Areas" reflected on
Exhibit "B" ' attached hereto and incorporated herein by this
reference shall be used as surface locations for future
activities of Operator under this Agreement and under Operator' s
oil and gas leasehold interest with respect to the Property
(including, without limitation, the drilling of any and all
wells to any and all formations underlying the Property covered
by this Agreement) . Such areas shall be in addition to the
"Existing Production Facility Area" also reflected on said
Exhibit "B. " Upon completion of the initial operations on a
Drill Site Area, the surface used by Operator therein shall be
entirely within the associated Production Facility Area. All
references contained in this Agreement to the term "Drill Site
Area" shall also be deemed to refer to the applicable Production
Facility Area resulting from operations on said Drill Site Area.
Prior to entry of any equipment onto a Drill Site Area,
Operator' s representative shall meet and consult with Owner (or
Owner' s representative) , on the site, as to the exact location
of the Drill Site Area, access roads and, if appropriate, flow
line, equipment tank batteries or other associated production
facilities . This Agreement precludes the location of any
storage facilities on the Property with the exception of storage
tank batteries for oil produced from operations on the Property.
Access roads shall be limited to approximately 30 feet in
width during drilling, completion, recompletion and workover
operations . Permanent access roads to a Production Facility
Area shall be limited to 15 feet in width. Operator shall have
the right to move derricks, drilling tools, vehicles and other
machinery and equipment necessary or incident to the drilling,
testing, completion or operation of all Drill Site Areas and
Production Facility Areas, but shall promptly repair any damages
and reimburse for any crop revenue losses caused to any access
roads or any other portion of the Property in connection with
such activities .
(HF&M 06/15/04) 2
3 . Surface Damages . Prior to commencement of drilling
operations, Operator shall pay Owner the sum of Three Thousand
Five Hundred Dollars ($3, 500 . 00) for each Drill Site Area, as
full settlement and satisfaction of all damages growing out of,
incident to, or in connection with the usual and customary
exploration, drilling, completion, reworking, equipping and gas
production operations, unless otherwise specifically provided
herein.
The foregoing settlement does not include tank batteries or
similar equipment or facilities used for the production,
storage, transportation and sale of oil or gas from the
Property. If production of oil or gas is obtained, Operator
agrees to pay to Owner the additional sum of $2 , 000 . 00 for each
Production Facility Area, which amount shall be payable prior to
installation of facilities or equipment on same .
4 . Other Damages . If by any reasons resulting from the
operations of Operator, there is damage to real or personal
property upon the Property which is not associated with usual
and customary operations, such as (but not limited to) damage to
livestock, structures, buildings, fences, culverts cement
ditches, irrigation systems, and natural water ways, such damage
will be repaired or replaced by Operator, or Operator will pay
reasonable compensation to Owner for such additional damage .
5 . Operational Restrictions . In conducting its
operations on the Property, Operator shall :
A. Separate the top soil at the time of excavation
of pits so that the top soil and subsurface soil be placed back
in proper order as nearly as possible .
B. Use its best efforts to keep the Drill Site Areas
and Production Facility Areas free of weeds and debris .
C. Upon request by Owner, Operator shall utilize low
profile tanks . Owner shall have the right to install, from time
to time, such berms, screening and landscaping as may be
reasonably acceptable to Owner to screen any Production Facility
Area and any production equipment, at its sole cost and expense,
as long as it does not result in the increased risk to the
health and safety of Operator' s employees or others, and does
not interfere with the operation and production of the well .
(HF&M 06/15/04) 3
D. Operator shall at all times properly maintain and
keep in good repair and condition all landscaping, fences,
roads, and other improvements permitted to be installed or in
connection with each Drill Site Area and Production Facility
Area, in order to keep such location and facilities in good and
safe working order and to maintain such facilities and trim all
landscaping, provide proper weed control, use appropriate dust
abatement procedures on all roads and the well site, including,
without limitation, not less than annual applications of dust
inhibitor, and otherwise maintain the site in as attractive a
condition as is reasonably possible. Without limiting the
foregoing, Operator, from time to time, shall repaint all
equipment and improvements to a mutually agreed upon color to
keep a professional and clean appearance .
E. Upon abandonment of any well, Operator shall
properly plug and abandon same in complete accordance with the
requirements of the Colorado State Oil and Gas Conservation
Commission and any other governmental authority with
jurisdiction over the Property. In addition, upon abandonment
of the Drill Site Area or Production Facility Area, Operator
shall fully restore the location as near as practical to its
pre-drilling state (provided that, at Owner' s option, any berms
and/or landscaping installed by Operator may remain in place) .
Without limiting the foregoing, Operator shall also fully
reclaim and restore to its original condition the location of
any access roads used by Operator with respect to any abandoned
well site (subject to the option of Owner, exercisable in its
sole discretion, to maintain such access roads in place) .
F. Reclaim each Drill Site Area and Production
Facility Area as nearly as practicable to its original condition
and if the location is in a pasture, reseed the location with
native grasses . Weather permitting; reclamation operations
shall be completed within three (3) months following drilling
and subsequent related operations, unless Operator and Owner
mutually agree to postponement because of crop, weather or other
considerations .
G. Operator shall use the Drill Site Areas and
Production Facility Areas only for drilling and production
operations and placements of wellheads, separators, and normal
well site storage tanks, and shall not install or store any
other temporary or permanent structures, equipment or facilities
on the Drill Site Areas or Production Facility Areas without
prior written consent of Owner, which may be withheld at Owner' s
(HF&M 06/15/04) 4
sole discretion, other than such structure, equipment, or
facilities as are necessary in the area for the production of
oil and gas, provided that no such consent shall be required in
the event that such structure equipment or facilities are deemed
by Operator to be necessary to the efficient and safe operation
of a well or wells, or in the case of an emergency. Operator
shall use electric motors and underground electrical lines for
production operations on any facilities installed after the date
of this Agreement (currently existing production operations are
excluded from this provision) . Also, without limiting the
foregoing, Operator shall not install gas plants, collection
facilities - other than customary tank batteries - or other
similar major facilities on the Drill Site Areas, Production
Facility Areas or anywhere else on the Property.
6 . Compliance with Applicable Laws . Owner and Operator
shall each, at all times, conduct their respective operations in
compliance with all conditions or requirements of any and all
applicable laws, rules, regulations, and requirements imposed by
any governmental agency, including, without limitation, the
Colorado Gas and Conservation Commission. In the event that any
condition set forth in any such law, rule and regulation, and
any condition contained in this Agreement are in conflict, the
more restrictive shall apply. In addition, each party shall
conduct its operations, at a minimum, in compliance with the
standards imposed by the State of Colorado, Weld County or
agreed to by such party in connection with any use permit
obtained from any governmental authority with respect to such
party' s operations . Nothing contained herein shall be construed
as waiving the right of either party to contest any requirement
sought to be imposed by any such governmental authority.
Without limiting any other provisions of this Agreement,
each party shall conduct its respective operations in compliance
with any and all governmental regulations and industrial
standards with respect to health and safety considerations, and
proper environmental protection, including, without limitation,
mitigation of noise, drainage and erosion control, dust control,
air, soil and water quality protection and visual impacts . Each
party shall indemnify and hold harmless the other party from any
loss incurred as a result of breach of any such standards .
Operator shall also promptly remediate any contamination to soil
or water, whether on a Drill Site Area, a Production Facility
Area, or elsewhere, caused by its operations on the Property.
(HF&M 06/15/04) 5
7 . Insurance. Before and during drilling and production
operations on the Property, Operator shall at all times maintain
appropriate insurance, including, without limitation, workers
compensation insurance, in compliance with Colorado law for its
employees or contractors involved in the conduct of operations
on any portion of the Property and general public liability
insurance in such amounts as are customarily maintained for
operations similar to those conducted by Operator.
8 . Relocation. Owner may at any time, and from time to
time, move or request that Operator move, at Owner' s expense,
flow lines, roads and production equipment to enable Owner to
better utilize, in Owner' s reasonable judgment, the surface of
the Property. Movement of such flow lines, roads and production
equipment is conditioned upon Operator' s reasonable
determination that such movement will not result in increased
risk to the health and safety of Operator 's employees or others,
and will not have a significant adverse affect on Operator' s
ability to produce the affected well .
9 . Land Development . Operator acknowledges that it is
the intent of Owner to further develop the surface of the
Property and adjacent property, and Operator shall use
commercially reasonable efforts in the conduct of all operations
pursuant to this Agreement to accommodate such use and
development, and to conduct its operations in such a way as not
to interfere with such use and development . Owner acknowledges
that it is the intent of Operator to conduct further drilling
and production operations on specified portions of the Property,
and Owner shall use commercially reasonable efforts in its use
and development of the surface so as not to interfere with such
drilling and production operations, provided that nothing
contained herein shall be construed as requiring Owner to allow
Operator to conduct any such operations at any location other
than the Drilling Site Areas and Production Facility Areas
identified in this Agreement, nor shall this provision be
construed as precluding Owner from using and developing the
Property for any residential, commercial or other purpose
permitted by any applicable governmental zoning laws, rules and
regulations .
10 . Cooperation. Owner agrees to cooperate with Operator,
at Operator' s request, in Operator' s effort to seek approval by
Weld County or the State of Colorado, of the proposed oil and
e— gas development on the Property and join in the execution of any
consents or other documents necessary to permit Operator to
(HF&M 06/15/04) 6
pursue such approvals (subject, however, to the condition that
the proposed operation must be consistent with the terms and
conditions of this Agreement) . Operator acknowledges that it is
aware of Owner' s intended future development of the surface of
the Property and Operator agrees that it will not protest or
object to any land use, subdivision, zoning, or other similar
proposal presented by Owner to Weld County or the State of
Colorado with respect to the Property and that Operator will
join in the execution of any plats, consents, or other documents
necessary to permit Owner to pursue such approvals . The
foregoing provision is subject to the condition that the
proposed use or development will not result in an unreasonable
increased risk to the health and safety of the Operator' s
employees or others, and does not unreasonably interfere with or
unreasonably increase the cost of operation and production of
Operator' s well or wells .
11 . Governing Law. It is expressly understood and agreed
by and between the parties hereto that this Agreement shall be
governed by and its terms construed under the laws of the State
of Colorado .
r
12 . Default Remedies . The parties to this Agreement
acknowledge and declare that it would be impossible or difficult
to measure in money the damages which would accrue to either
party by reason of the failure of the other party to perform its
obligations as set forth herein. Therefore, should any dispute
arise or any action be instituted by either party to this
Agreement, to enforce the provisions of this Agreement, it is
agreed that this Agreement shall be enforceable in a court of
equity by decree of specific performance, and also that
appropriate injunctions may be issued. Each of the parties
hereto waives, for itself and its successors and assigns, any
claim or defense that an adequate remedy exists in law. The
remedies provided herein shall be cumulative, and not exclusive,
and shall be in addition to any other remedies available to a
non-defaulting party. In the event it is necessary for any
party to engage in the services of legal counsel in order to
enforce its rights hereunder, the prevailing party in any such
proceedings shall be entitled to an award of its reasonable
costs and expenses (including attorneys' fees) .
13 . Assignment . This Agreement shall be assignable, in
whole or in part, by either party, subject to the following:
(HF&M 06/15/04) 7
A. Operator shall assign its interest in the Oil and
Gas Lease (s) covering the subject property only following
written disclosure to the assignee of this Agreement, and such
assignment shall be expressly subject to all terms and
conditions of this Agreement, and the assumption by assignee of
all obligations of Operator under this Agreement . Operator
shall make any such assignment only following written disclosure
to the assignee the existence of this Agreement, and such
assignment shall be expressly subject to all terms and
conditions of this Agreement (whether or not so stated therein) ,
and the assumption by assignee of all obligations of Operator
under this Agreement (whether or not so stated therein) .
B. Owner may assign an interest in this Agreement
only in connection with the conveyance of all or any portion of
the Property, and then only insofar as the Agreement pertains to
that portion of the Property so conveyed. Owner shall make any
such assignment only following written disclosure to the
assignee of the existence of this Agreement, and such assignment
shall be expressly subject to all terms and conditions of this
Agreement (whether or not so stated therein) , and the assumption
by assignee of all obligations of Owner under this Agreement
(whether or not so stated therein) .
14 . Headings . The headings in this Agreement are inserted
for convenience only and are in no way intended to describe,
interpret, define or limit the scope, extent or intent of this
Agreement or any provision hereof .
15 . Binding Effect . This Agreement shall be binding upon
and inure to the benefit to the successors and assigns of the
parties, and may be executed in counterparts . The provisions of
this Agreement shall constitute covenants running with the
Property for so long as this Agreement (and any modifications
thereof) remains in force and effect .
(HF&M 06/15/04) 8
IN WITNESS WHEREOF, the parties hereto have executed this
Surface Use Agreement as of the day and year first above
written.
TWIN VIEW ESTATES, LLC,
a Colorado Limited Liability Company
By: C
Stephe C . Greenlee, Manager
"Owner"
MAGPIE OPERATING, INC. ,
a Color do Corporation
By:
J m s M. Warner, President
"Operator"
(HF&M 06/15/04) 9
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SURFACE USE
AGREEMENT BY AND BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO
LIMITED LIABILITY COMPANY ("OWNER") AND MAGPIE OPERATING, INC . ,
A COLORADO CORPORATION ("OPERATOR") .
Legal Description of the Property
The Northwest Quarter of Section 5, Township 4
North, Range 68 West of the P.M. , Weld County,
Colorado,
AND
The North Half of the South Half of Section 5,
Township 4 North, Range 68 West of the 6th P.M. ,
less that portion contained in Recorded
Exemption No . 1061-05-3-RE2953 according to the
Map recorded April 26, 2001, at Reception No.
2843434, County of Weld, State of Colorado,
AND
Lot B of Recorded Exemption No. 1061-05-3-RE2953
according to the Map recorded April 26, 2001, at
Reception No. 2843434, situate in the Southwest
Quarter of Section 5, Township 4 North, Range 68
West of the 6th P.M. , County of Weld, State of
Colorado.
EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SURFACE USE
AGREEMENT BY AND BETWEEN TWIN VIEW ESTATES, LLC, A COLORADO
LIMITED LIABILITY COMPANY ( "OWNER" ) AND MAGPIE OPERATING, INC. ,
A COLORADO CORPORATION ( "OPERATOR" ) .
Drill Site Area and Production Facility Area
[SEE ATTACHED]
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Home > Departments > Treasurer's Office > Tax Search > Tax Search Results
Tax Search Details
Information for tax year: 2004 payable in 2.005
Property Information
Owner Name: Twin View Estates Llc
Address:
City: Weld County, CO
Account Number: R0909901
Parcel Number: 106105000036
Legal Address: pt sw4 5-4-68 lot b rec exempt re-2953 (1.01r1.40d)
Value Information
Actual Land Value $34,136.00 Assessed Land Value $9,900.00
Actual Improved Value $0.00 Assessed Improved Value $0.00
Actual Total Value $34,136.00 Assessed Total Value $9,900.00
Payment Information
Total Tax Amount: $813.44
First Half Amount: ($406.72)
Second Half Amount: ($406.72)
SR. Exemption: $0.00
Full Amount Paid: $0.00
Current Balance: $0.00
IF any of the following fields are "YES" please contact the Treasurer's Office for more information.
Tax Status
Tax Liens: No Tax Area 2385
Prior Taxes Due: No Senior Homestead Exemption: No
Special Improvement Tax: No Mill Levy 82.167
Database Last Updated at: 02:35 AM on August 24, 2005
https://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfm 8/24/2005
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