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Home My WebLink About20060516.tiff TM II �l ilf ii _iI iidi o a3i ! ' _L ssc. ON 140* ' a -, 1 y 1 w; I-� - if 1 -71 tz ;, .1 -- -- -/ i Oit / —7 -- 11 ,i COD l 1 ! 1i No., v* ,, iir f S 'oh, F-4 . - . ; -----,- ‘ .*--,-, 1: .,......- .• : A .., __4,....11i--- i ,1 +1/, .. . c. /g/- / 1 iril .. + ...\".c..._ . 4- ___„>.___-__„ le d 11)i(16-1 ..! i O ,ii u ic -5- Page 1 of 1 Carol Harding From: SRoss59255@aol.com Sent: Monday, February 27, 2006 6:04 PM To: Carol Harding Cc: SRoss59255@aol.com Subject: Docket:#2006-13 Dear Commissioners of Weld County; My name is Steve Ross and I live in the Pinnacle Park Subdivision north of Hwy 392 and East of CO Rd 35. I have lived in this subdivision for almost 20 years. I am writing to voice my concern on the proposed 24 house gated-community North of Seeley Lake; the Sonny View Estates Subdivision. There is a requested zoning change from agriculture to PUD for these 24 homes. I am totally against this new subdivision. There already is too much traffic on CO Rd 35 as it is and it is not equipped to handle more traffic everyday. Also HYW 392 is also carrying too much traffic and does not need the addition of the cars that 24 more homes will bring. There have been accidents too numerous to mention at the intersection of 35 and 392, some of which have been fatal. All of the homes in Pinnacle Park are allowed animals and the feedlot to the north of Pinnacle Park has approximately 1000 cattle in it. I have watched this county's new residents when they move in and then they want the existing property owners to change their habits and ways such as animals because the "smell or blowing dirt is too bad". A gated community with several hundred thousand dollar homes seems like a likely example of this happening again. I have also watched as Weld County continues to allow farms and farm ground be devoured by houses, one of these days there will not be any more land to grow the crops needed for livestock or humans and this has got to stop. The"ditch" that feeds water to Seeley lake from the#2 ditch is also of concern, this ditch is in places 50-75 feet deep. This ditch borders the proposed subdivision and will be an extreme danger to children and pets. Where is the water going to come from for these properties to water their lawns. As it is, I get my water from North Weld and the pressures that we have continue to decline as more homes have been built in the area, the fire department has only one fire hydrant in Pinnacle Park and that is not enough if there is a major fire. As for sewer, this will mean 24 more homes with leach fields that are going to be draining all towards Seeley Lake. I have"heard" that the proposed developer of this property also owns the acreage to the west of the ditch and the proposed development and as soon as Weld County approves this subdivision he is going to propose another development on that property with 50+ homes. I encourage the commissioners to take a stand and not allow this property to be developed. Thank you for your consideration in this matter. Steve Ross 16974 Longs Peak Rd Greeley CO 80631 44 2/28/2006 C-ty It.'-� 7,'LLL[,.�C 1:L . 'L G( 'i'-0-< L.' > >�(- ), cl / -) �f-sf ti / - (,d LC L L (_ -> L C_.i 2. i<4-- ✓ 7 .--1-1C-- ;"--) - C� C'-1-L-G{' ,-- ' -'✓eL-C-7.,];'r?"I':4_V I> Yr / 2/4 7- �,CJ,X / / iF/ -> L e 'e.1fL 1,_ c Zed/CZ__ /X c L P /C CL. 4t'..J c e.. G i (-(- L- c,--Lti_ / . M7, Yd--�. ..7�6—t1i -7 <-t ,-d_ -ei - /1/L N=-- a-/—c .?_c r L" G!iLC1 C/,( zz., - - '!i./GiK,C..ti^i1.,'. -L lit. /Lfv) > { ti. . f- 7 lam- .Z7'- --r'/ -1 ;2. ✓2-t ' ---c-t ._ __,--!F". tee_--!1 ? k.,c.. j i"✓ '„7....• GN _=�rTh-_ t' Lk di ! < < ? It k c/; _,...4 (c CL. ccC...r / / _ i .,... k.t.. 2[ C l.>' CC .-z-( C. A/c"."_C.%-.' c < C- G c a c (c(c • 9.� f 4'n. c-�.. i 'C! -./ - '�i _/J n. .-LC -�--�/ .�;.�. ✓?ter `// /:�i,.-,"6� f=" ' "--C_ n L',Si ,_A7.7 i- ,�.-, ✓s !/ �. e( // �>a' „/. =CL 1r'_.IC *Li_,1,7.l c`GC' i _.c.4.r 7 '(•'. 4:i,-‘,-E .'_. -c c'Z.�. r �-' C-C.! t✓�. — 2-ccL.e:-t_w .�-7ti� _ ,-? `. fit �,1-tc Lei-? f-/ -C�'�-�/�� ,/ �, L/"L >-7 Ly,-.-E----,-1 C G /-c_ GYM G-l"ia.-t-t' L 'CC"' jr: Cf c'-r y;CC: ('il ✓t c-1„f44C%�`-' _ . Lc`CZ.Lt/it "Ce' 1--i , c-Ct%e_.-2.Y:L��-may. "' -' -.% t"-/C-E `` ''' ' "' --' , Andrew&Sylvia Burlison ./ ,-7...2 33080 Pikes Peak Dr. Greeley,CO 80631 / ---...t2,- �� r-r-..:,z, -/ - G 2iui; / : t. -� , EXHIBIT 1 �-) Pz- 4PF�0 s / � February 28, 2006 To: Weld County Commissioner From: Angela& Trent Smith Address: 33127 Pikes Peak Drive, Greeley, CO 80631 Re: Ridgeview Farms Development I am writing this letter to ask you to carefully consider this development. I am one of the few that are against this development south of our neighborhood. Pinnacle Park is a rural community that has no covenants or home owner's associations. These homes are owned by homeowners who raise cattle,horses, sheep, dogs, and many other farm animals. We moved to this neighborhood to get out of the city life and have a little country life. We love it here! We love the wide openness, (which will be taken away with the development), the quietness, and the privacy. We like the idea that my husband can run his loud race car with no complaining, we like the idea that he is able to sit out on the deck and shoot his gun when he wants. By the way this is facing the new development. We like the idea that we can let the dogs run on our property with no worries. This new stuffy neighborhood will not fit into our community's way of life. This will be a flush neigborhood with covenants while we have farm animals, utility vehicles, and horse riding, hunting on the private property. Do you think the homeowners will really like the idea of looking in their back yard and seeing men hunt on their own land, the smell of cows and hearing loud tractors or dirt bikes? We moved here to be away from the suburban community and now someone is trying to bring it right in our backyard just for a huge profit!! Why here,why around Seeley Lake. There are tons of places to build. Please can you just consider this development not happening? For the profit of one company, you are hurting and disappointing many others and the value of their living. On top of that, I have also been in the mortgage/real estate business for 91/2 years and 7 here in Colorado. I have owned my own business for 2 years. And I just have to let you know that there are 1550(+-) homes for sell in Greeley/Evans alone. These are a lot of homes for sell. The foreclosure rate is at its all time high and the interest rates will go up again on March 28, 2006 for the 14th time since last year. So I do not see how this development can help Greeley? There are too many custom homes for sell and when someone wants acres, the buyer buys the land he wants then builds. I also deal with home valuations everyday and some builders. Home values are stagnate in Greeley because of the over development of homes. Did you know that there are a lot of builders out there that are selling there homes for 80 cents on the dollar because they , � t cannot sell the homes in a timely fashion? This is a fact because I work with a company that buys discounted properties from builders all the time. Again this is a rural community and it needs to stay this way or have communities that are zoned for agriculture. Please consider my concern with the over building and the foreclosure rate in Greeley. It is horrible and it is bringing down values of existing homes. At this time, I do not agree with the development. I think it is huge mistake and the neighbors of this community just will not get a long. On top of that, have you looked at the police reports of all the accidences on CR 35 and 392 and CR 31 and 392? I do not think a turn lane is good enough for this dangerous spot. One last thing. A new school has been built in Eaton for 1st through 5th graders because of all the growth. Right now the average is 24 students per teacher. This is hurting my child and others. The teachers are also complaining about how the classrooms are too big. Because of the big classroom, the school did not meet there learning goal for 2005 to meet government funding. You need to consider this too. It is very serious. Thank you for your understanding, and I hope you do the right thing for this old neighborhood. Sincerely, 04C- Angela Trent Smith Ridgeview Farms Response to Resolutions 1. Prior to Scheduling the Board of County Conunissioners hearing: ' a. The applicant shall either submit to the Dept. of Planning Services a copy of an agreement with the properties'mineral lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the site or indicated the 400'x 400'and the 800'x 800'drilling envelope locations per state statute. Agreement with Texas American has been reached and a copy is attached. b. County Road 35 sing this development is paved and under the jurisdiction/maihtenance of Weld County. The applicant shows an access road adjacent to County Road 35 extending to ditches and oil/gas facilities in the vicinity of the development. This access road must be located outside the future minor arterial 110 ft ROW The applicant shall address the possibility of the public accessing this utility road, since it extends around the perimeter of the proposed development. The ditch company and oil/gas company must be contacted to address the proposed utility access road. This road shall be called out on the plat as an access — easement and shall be located within the open space. We have spoke to Drew Scheltinga at Public Works and have explained that what they thought was access road is actually a perimeter walking trail. The oil and gas access roads are located on adjacent properties. This issue has been resolved with Public Works. c. The applicant has submitted a tentative agreement with the Ogilvy Irrigating and Land Company which states that a formal agreement shall be enter into. The applicant shall submit to the Dept. of Planning Services a copy of an agreement with the Ogilvy Ditch Company stipulation that the ditch activities have adequately been incorporated into the design of the site. An agreement with Ogilvy has been reached and a copy is attached. d. Application materials state that the applicant will be relocating the Duke Energy gas line and meter house within the perimeter landscape buffer. The plat shall be amended to show the current and future location of the gas line. Further, the applicant shall submit a signed agreement with Duke Energy for the relocation of the gas line and meter house. The plat has been amended to show the current and future location of the gas line. An agreement with Duke has been reached and a copy is attached. . EXHIBIT I Pz #toga e. The plat shall be amended to include the required 15% open space outside of the future road rights-of-way for state highway 392 and County Road 35. The plat has been amended to include the 15% open space. A copy of the plat is attached. Page 1 of I Sheri Lockman From: Drew Scheltinga Sent: Tuesday, February 28, 2006 7:39 AM To: Sheri Lockman Cc: Peter Schei Subject: RE: PZ-1090 Sheri Yes, I have spoken to both Rob and Linda about the access road which is not an access road but a pedestrian trail. They said there will be adequate access to the irrigation ditches within their specific easements and that the access roads to oil and gas facilities are on adjacent properties. I asked them to explain all this in writing in one document they were working on to address the 4 conditions to complete prior to the Board hearing. I was not willing to receive a series of emails and by default be responsible to provide the information to you in a piecemeal fashion. Their explanations during our conversations were OK with me but I haven't seen the written response. I'm not terribly concerned about these issues at zone change and will be watching the ditch easements and access closely at final plat. If what you have received from them sounds something like the above it's fine with me. Please let me know if everything is OK. I'll be at the hearing tomorrow. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltinga@co.weld.co.us From: Sheri Lockman Sent: Monday, February 27, 2006 3:43 PM To: Drew Scheltinga Subject: PZ-1090 Ridgeview Farms had 4 conditions to complete prior to their Board hearing. The following was a condition placed on them by your department. The applicant has submitted a letter stating that he has spoken to you and explained that the access road is actually a perimeter walking trail and the issue has been resolved. Can I remove this condition? County Road 35 serving this development is paved and under the jurisdiction / maintenance of Weld County. The applicant shows an access road adjacent to County Road 35 extending to ditches and oil /gas facilities in the vicinity of the development. This access road must be located outside the future minor arterial 110-foot right-of- way. The applicant shall address the possibility of the public accessing this 'utility' road, since it extends around the perimeter of the proposed development. The ditch company and oil /gas company must be contacted to address the proposed 'utility' access road. This road shall be called out on the plat as an access easement and shall be located within the open space. (Departments of Public Works) 02/28/2006 EXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof,to be paid after a survey establishing the route of the line has been completed,and before construction is commenced, I/WE, Ridgeview Farms LLC 3246 Grandview Drive Greeley,CO 80631 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to Duke Energy Field Services, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and exclusive easement, Fifty(50) feet in width for a temporary easement for initial construction for this line only and a permanent exclusive easement of Twenty(20)feet in width,for the purpose of a single pipeline and from time to time, operating, inspecting, maintaining, protecting, repairing, replacing, and removing a single pipeline or other appurtenances,for the transportation of oil,gas,petroleum products,water,and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route through the following described land located in WELD County,State of COLORADO,to wit: A portion of the NE/4 of Section 23,Township 6 North,Range 66 West of the 6's P.M. Said temporary construction easement and permanent exclusive pipeline easement being more particularly described on Exhibit"B"attached hereto and made a part hereof Together with the right of ingress and egress to and from said pipeline,on,over,and across said land and adjacent land of Grantor. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty-eight(48)inches "` below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way,and Grantor agrees not to build,construct or create any buildings,structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line. Grantee agrees to pay to the owners and to any tenant,as their interests may be,any and all damages to crops,timber, fences,drain tile,or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth,and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators,personal representatives,successors,and assigns of the parties hereto. TO HAVE AND TO HOLD said easement,rights,estates,and privileges unto Grantee, its successors and assigns,as long as said easement is used for the purposes granted herein. / IN WITNESS WHEREOF,Grantor has executed this instrument this p'1,1( day of �Q4✓2( . tf ,2006 signed,sealed,and delivered in the presence of. / Ridgeview Farms a-.-3l4G..." ACKNOWLEDGEMENT STATE OF COLORADO ss. COUNTY OF WELD Wei Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, C 16rarliek{ 4eifrloS nic i1cicjer known to me to be the sanie person(s) who executed the within and foregoing instrument,and acknowledged to me they executed the same as _ free and voluntary act and deed for the purposes and consideration therein expressed. �t C9 Given Under My Hand and Seal of Office,this p(� day of Fe.br ✓ ,A.D.2006. � �O�ApY PVe��c My commission expires: I di- � /(�{ L. Notary Public 1M. GREEN �lFOFC4��p EXHIBIT B EASEMENT DESCRIPTION (20' Exclusive Duke Energy Utility Easement): A portion of the Northeast Quarter of Section 23, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the East line of the Northeast Quarter of Said Section 23 as assumed to bear South 00°00'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast corner of said Section 23; thence along the North line of said Northeast Quarter North 89°39'04" West 864.67 feet;thence departing said North line South 46°08'02" East 37.94 feet to a point on the Southerly Right of Way of State Highway 392; thence along said Southerly Right of Way the following four (4) courses and distances: North 89°28'04" West 315.70 feet; thence North 89°28'34" West 550.00 feet; thence North 88°57'34" West 100.00 feet; thence South 80°36'26" West 38.66 feet; thence departing said Southerly Right of Way South 07°40'00" East 167.96 feet to a point on the centerline of a 20 foot wide Exclusive Duke Energy Utility Easement, said easement being 10 feet either side of and parallel to said centerline, said point being the TRUE POINT OF BEGINNING; thence along said centerline the following ten (10) courses and distances: North 39°22'46" East 109.53 feet; thence South 89°39'04" East 890.81 feet; thence South 46°08'02" East 417.71 feet; thence South 36°37'45" East 164.28 feet; thence South 43°06'29" East 53.88 feet; thence South 54°34'14" East 87.88 feet; thence South 75°14'40" East 53.95 feet; thence South 88°50'54" East 80.10 feet; thence North 87°11'35" East 148.72 feet; thence South 00°00'00 West 143.69 feet, more or less, to an existing underground gas line and the terminus of said easement centerline. Said easement contains 0.98 acres, more or less, and is subject to all existing easements and/or rights of way of record. Page 1 of 2(Exhibit B) ,_ , 1,4 § / QC a _ a® w �_ a_ [/ /—{—/-- Z ^ ®® m CD CL_k Jll j ! \ °I . k� \ U r !§ § ` I §o� < & • o� \� § z4 < 7 ® �\§E M— k� I Ems. � � z �/ I 9 ri-411 I' � §� x Oxr ! CO ( },� `- ,! : is Lii §) ;: ! o Z a Z !. $ �| - 1 �'� CO Ill _ ! O ; Z (G / � , \ CC ILI }� \| ° , a !!s ! ; g| ; 0 , $\ i °© 6� ;) § \ \ §� % ! R/ - A� -c\ }g IS. ; | ; , , / ( « \ I \ ,00£ = a :31VOS ._ DITCH EASEMENT AGREEMENT This Ditch Easement Agreement("Agreement") is by and between Ridgeview Farms, LLC, a Colorado limited liability company ("Ridgeview") and Ogilvy Irrigating & Land Company, a Colorado ditch company ("Ogilvy"). RECITALS A. Ridgeview owns certain undeveloped real property generally located in the Northeast V4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado as is more particularly described on Exhibit A attached hereto. B. Ogilvy owns and operates Seeley Lake located partially in the East '/2 of Section 23, Township 6 North, Range 66 West of the 6` P.M., Weld County, Colorado ("Lake"). The Lake is fed by an inlet ditch and canal ("Inlet Ditch") which traverses a portion of the Northeast /< of said Section 23 from a point near Colorado State Highway 392 on the North, thence in a Southeasterly direction over and across the Ridgeview property. C. Ridgeview and Ogilvy understand that a portion of the inlet canal is owned in fee simple by Ogilvy and a portion of it is owned by Ridgeview subject to Ogilvy's historical easement by use. D. Because Ridgeview intends to develop its property into residential lots and because Ogilvy desires to affirm and reestablish the land which its inlet canal occupies, the parties have caused the location of the inlet canal to be surveyed and the parties intend hereby to clarify and clearly define the boundaries of the inlet canal whether owned by Ogilvy in fee or easement. NOW, THEREFORE, the parties hereto, in consideration of the mutual promises, covenants and agreements herein contained, the receipt of which the parties deem to be adequate and valuable consideration, agree as follows: 1. Attached hereto as Exhibits B, C, and D are legal descriptions and a map of the Inlet Canal as the same traverses property owned by Ridgeview in the Northeast '/.4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. 2. The parties hereto agree that the legal descriptions contained in Exhibits B and C are areas of the Ridgeview Property where the Inlet Canal currently exists outside of lands owned by Ogilvy in fee simple. 3. Ridgeview does hereby convey and transfer unto Ogilvy an easement for the Inlet Canal to the extent that the same may be located on property owned by Ridgeview together with full right of access to the easement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date set opposite their signatures. RIDGEVIEW FARMS, LLC Date: February 22, 2006 Printed Name: C. Bradle Keirnes Title: Manager STATE OF COLORADO } }ss. COUNTY OF WELD } The foregoing instrument was acknowledged before me this c.K day of , 2006, by C. Bradley Keimes as Manager of __ 6"Rid _ arms, LLC, a Colorado limited liability company. ,oTAR '� E SS my hand and official seal. LLUBU mission expires: 9, °zoo Notary Public DR CO- OGILVY IRRIGATING & LAND� COMPANY "'n ail ai f �4 '�` Date: February 22, 2006 Printed Name: Donald G. Wacker Title: Vice President 2 STATE OF COLORADO } I ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this oZd."d day of .AM1J Februar , 2006, by Donald G. Wacker asVice G',Vresial f 0 ilv Irri ating and Land company. o.' NOTARY Wf SS my hand and official seal. p% PUBLIC ............ eOF mmission expires: c: � 9 doe 1' otN ary Yubllc 3 EXHIBIT A PROPERTY DESCRIPTION (Rideeview Farms P.U.D.) A portion of the Northeast Quarter of Section 23, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the East line of the Northeast Quarter of Said Section 23 as assumed to bear South 00°00'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast corner of said Section 23; thence along the East line of the Northeast Quarter of said Section 23 South 00°00'00" East 555.11 feet to a point on the approximate centerline of the No. 2 Ditch, said point being the TRUE POINT OF BEGINNING; thence continuing along said East line South 00°00'00" East 1434.42 feet to the Southeast corner of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23; thence along the South line of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23 North 89°37'58" West 1353.08 feet to the Southwest corner of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23; thence along the East line of the West Half of said Northeast Quarter North 00°03'34" East 431.27 feet to a point on the Easterly line of the Ogilvey Ditch; thence departing said East line and along said Easterly line of the Ogilvey Ditch the following four(4) courses and distances; thence North 27°00'00" West 261.00 feet; thence North 11°00'00" West 600.00 feet; thence North 31°00'00" West 400.00 feet; thence North 07°40'00" West 370.95 feet to a point on the South Right of Way line of State Highway 392; thence departing said Easterly line of the Ogilvey Ditch and along said South Right of Way line of State Highway 392 the following four(4) courses and distances; thence North 80°36'26" East 38.66 feet; thence South 88°57'34" East 100.00 feet; thence South 89°28'34" East 550.00 feet; thence South 89°28'04" East 315.70 feet to a point on the approximate centerline of the No. 2 Ditch; thence departing said South Right of Way line and along said centerline the following nine (9) courses and distances; thence South 46°08'02" East 466.77 feet; thence South 36°37'45" East 166.27 feet; thence South 43°06'29" East 42.10 feet; thence South 54°34'14" East 66.67 feet; thence South 75°14'40" East 31.33 feet; thence South 88°50'54" East 68.57 feet; thence North 87°11'35" East 162.10 feet; thence South 86°03'32" East 31.61 feet; thence South 80°51'33" East 26.52 feet to a point on the East line of the Northeast Quarter of said Section 23 and the TRUE POINT OF BEGINNING; Said parcel contains 63.34 acres, more or less, and is subject to all existing easements and/or rights of way of record. 4 EXHIBIT B EASEMENT DESCRIPTION (Ogilvy Ditch—North Portion) A portion of the Northeast Quarter of Section 23, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the East line of the Northeast Quarter of Said Section 23 as assumed to bear South 00°00'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast comer of said Section 23; thence along the North line of said Northeast Quarter North 89°39'04 West 864.67 feet; thence departing said North line South 46°08'02" East 37.94 feet to a point on the Southerly Right of Way of State Highway 392; thence along said Southerly Right of Way the following three (3) courses and distances: North 89°28'04" West 315.70 feet; thence North 89°28'34" West 550.00 feet; thence North 88°57'34" West 77.70 feet to the TRUE POINT OF BEGINNING; thence departing said Southerly Right of Way South 19°11'41" West 12.99 feet; thence South 07°41'49" West 65.00 feet; thence South 01°31'49" East 171.69 feet; thence South 14°27'51" East 90.52 feet; thence South 21°02'26" East 236.62 feet to a point on the Easterly line of the Ogilvey Ditch as described in deed recorded May 27, 1904 at Reception No. 3184094, records of said County; thence along said Easterly line the following two (2) courses and distances: North 31°00'00" West 213.80 feet; thence North 07°40'00" West 370.95 feet to a point on the Southerly Right of Way of State Highway 392; thence along said Southerly Right of Way the following two (2) courses and distances: North 80°36'26" East 38.66 feet; thence South 88°57'34" East 22.30 feet to the TRUE POINT OF BEGINNING. Said easement contains 0.35 acres, more or less, and is subject to all existing easements and/or rights of way of record. 5 EXHIBIT C EASEMENT DESCRIPTION (Ogilvy Ditch—South Portion) A portion of the Northeast Quarter of Section 23, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the East line of the Northeast Quarter of Said Section 23 as assumed to bear South 00°00'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast corner of said Section 23; thence along the North line of said Northeast Quarter North 89°39'04" West 864.67 feet; thence departing said North line South 46°08'02" East 37.94 feet to a point on the Southerly Right of Way of State Highway 392; thence along said Southerly Right of Way the following three (3) courses and distances: North 89°28'04" West 315.70 feet; thence North 89°28'34" West 550.00 feet; thence North 88°57'34" West 77.70 feet; thence departing said Southerly Right of Way South 19°11'41" West 12.99 feet; thence South 07°41'49" West 65.00 feet; thence South 01°31'49" East 171.69 feet; thence South 14°27'51" East 90.52 feet; thence South 21°02'26" East 236.62 feet to a point on the Easterly line of the Ogilvey Ditch as described in deed recorded May 27, 1904 at Reception No. 3184094, records of said County; thence along said Easterly line the following two (2) courses and distances: South 31°00'00" East 186.20 feet; thence South 11°00'00" East 269.79 feet to the TRUE POINT OF BEGINNING; thence departing said Easterly line South 20°25'02" East 413.83 feet; thence South 26°45'19" East 195.45 feet; thence South 13°25'28" East 329.94 feet; thence South 00°34'36" East 105.53 feet to a point on the South line of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23; thence along said South line North 89°37'58" West 128.97 feet to the Southwest corner of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23; thence along the East line of the West Half of said Northeast Quarter North 00°03'34" East 431.27 feet to a point on the Easterly line of the Ogilvey Ditch as described in deed recorded May 27, 1904 at Reception No. 3184094, records of said County; thence along said Easterly line the following two (2) courses and distances: North 27°00'00" West 261.00 feet; thence North 11°00'00" West 330.21 feet to the TRUE POINT OF BEGINNING. Said easement contains 1.45 acres, more or less, and is subject to all existing easements and/or rights of way of record. 6 EXHIBIT D EASEMENT EXHIBIT MAP A PORTION OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. "`'` ° STATE HIGHWAY 392 r "` � r•-• . Ro•cr •x.. a 6^ , • •a 9a'j5 '_ +1-, pf I •, . -OGILVEY DITCH EASEMENT (NORTH PORTION) N'). • _ ,C..a a•:.:• r PROPOSED RIDGEVIEW FARMS P.U.D. ,r, SO `� r g Ce i%. OGILVEY DITCH EASEMENT (SOUTH PORTION) i,,• . Q %ire ':..':.'2 > ,.. PAGE .3 OF 3 (Ex-ulT B) 7 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made and entered into this Z� day of ce&PunszAi , 2006, by and between Texas American Resources Company ("TARC"), whose address is 98 San Jacinto Boulevard, Suite 800, Austin, Texas 78701, and C. B. Keirnes Land Co. ("Keirnes") and Alta, LLC ("Alta"). Both Alta and Keirnes are collectively referred to herein as "Surface Owners." RECITALS A. Surface Owners own fee title to Lots A, B, and D, in Recorded Exemption No. 0805-23-1 RE-386, located in the West % of the East '/z of Section 23, Township 6 North, Range 66 West of the 6`h P.M., Weld County, Colorado (the "Property"). B. Surface Owners warrant that they have authority to commit the surface rights in the Property to this Agreement. C. TARC represents that its parent company (TARH E&P Holdings, LP) holds a valid and subsisting oil and gas lease in the Property and as such has the right to use the surface of the Property to explore for, develop, and produce certain of the oil, gas, and other hydrocarbons which underlie the Property. D. TARC and Ridgeview Farms, LLC, an affiliate of Surface Owners, have concurrently with the execution of this Agreement, executed a Surface Agreement involving property of Ridgeview Farms, LLC contiguous to the east of the Property providing, inter alia, that TARC will not conduct any surface exploration operations on the property owned by Ridgeview Farms, LLC. In consideration for such agreement Surface Owners have agreed to grant TARC certain rights to drill on the Property using directional or slant drilling techniques from the surface of the Property as hereinafter provided to a location on the adjacent property owned by Ridgeview Farms, LLC. E. TARC currently operates one or more producing oil and gas wells and owns other oil and gas production equipment and facilities on the Property and the adjacent Ridgeview property, which are generally depicted on the map attached hereto as Exhibit "A". TARC's facilities, equipment and operations on the Property and the adjacent property consist of, whether shown on Exhibit "A" or not: • • (1) Two producing gas wells known as the Eldridge #4-23 and the Eldridge #2-23 (the "Wells"); (2) Two Tank Batteries which services the Wells and other wells located on the Property and on adjacent lands (the "Tank Battery"); (3) A certain Compressor Site which services the Wells and other wells located on the Property and on adjacent lands (the "Compressor"); (4) Certain pipelines and flowlines that carry oil, gas and other hydrocarbons from the Wells and other wells to the Tank Batteries and to other pipelines (the "Pipelines"); (5) Certain existing lease roads utilized by TARC which are located on and/or cross the Property(the "Lease Roads"); (6) Possible future well locations known as the Eldridge #41-23, Eldridge #5- 1-23 (fifth spot) and the Eldridge #31-23 well in the NW/4NE/4 (the "Proposed Wells"). F. Subject to applicable laws and regulations, TARC may have the right to drill additional wells to produce oil and gas from the Property, including, but not limited to the Proposed Wells, from surface locations on the Property, as shown on Exhibit "A". AGREEMENT NOW THEREFORE, in consideration of the covenants and mutual promises set forth herein, including the information set forth in the recitals, the parties agree, to the extent of each of their respective interests in the Property, as follows: Drilling Locations. 1.1 Surface Owners agree that TARC may drill the Eldridge Well # 5-1-23 (fifth spot) either directionally or vertically(at TARC's sole option and expense) from a surface location in Operation Area 1. Operation Area 1 shall be a 300' by 300' site as indicated on Exhibit A. 1.2 Surface Owners agree that TARC may drill the Eldridge Well #41-23 by directional or slant drilling from a surface location in Operation Area 2. to reach a bottom-hole location under the NE/4 NE/4 Section 23 as shown on Exhibit"A". Operations Area 2 shall be a 325' by 325' site as indicated on Exhibit "A". The Eldridge Well # 31-23 (which shall be a vertical well) may also be drilled by TARC at a surface location on the Property in the NW/4 NE/4 Section 23, in the NE corner of Lot Din Operation Area 2 as shown on Exhibit A. 2. Oil and Gas Operation Areas. 2.1. Operation Areas . As shown on Exhibit A, the proposed wells are located within a portion of the Property designated as the"Operation Areas 1 and 2." TARC shall co- locate any additional tanks in Operation Area 3, which is a 300' x 300' site that includes one of the existing Tank Batteries operated by TARC as shown on Exhibit A, and shall paint all new tanks and all new equipment on the Property Area an earth tone color, subject to the reasonable approval of Surface Owners. Surface Owners shall have the right to initially repaint existing tanks and other equipment located on the Property on the date of this Agreement at its expense. Subject to the terms and restrictions contained in this Agreement, Surface Owners shall continue to own fee title to the surface of the Operation Areas subject to offset or distance setback required by governmental agencies from oil and gas facilities. TARC will continue to have the right to the use of such areas of the surface as may be reasonably required and restricted by this Agreement within which to explore for and remove oil, gas, and other hydrocarbons and to locate its associated facilities. There shall be no limitation hereunder on the use and development by Surface Owners of any portion of the Property which is outside of the Operation Areas so long as access roads and pipeline areas provided for herein are maintained. TARC shall have the exclusive right of access to and use of the Operation Areas. The parties hereto each acknowledge and agree that the Operation Areas and the respective rights thereto as described herein satisfy the operation, access, set-back, and drilling needs of TARC' and the development objectives of Surface Owners. TARC shall maintain the Operation Areas free of weeds and debris and shall maintain a graded ground surface of the Operation Areas and all access roadways thereto. The parties agree that Surface Owners shall have the right to erect perimeter fencing around the Property or any portion thereof If any such fence crosses TARCs existing access roads, Surface Owner shall install properly sized gates at such crossings to accommodate drilling rigs and heavy equipment so that TARC will have continual, unimpeded access to its wells and facilities. It is agreed and understood that any fencing erected by Surface Owners shall not interfere with, reduce the size of, or impede access to the Operation Areas as so designated on Exhibit "A". 3 2.2 Landscapine. The parties agree that Surface Owners shall not locate any structures or other permanent improvements within the Operation Areas; provided that Surface Owners (or its designee) shall have the right to install and maintain fencing, earth berms and trees around the Operation Areas and grass and other non-obstructive landscaping features within the Operation Areas at its expense. After the initial installation of such landscaping, Surface Owners (or a homeowner's association, governmental body, or other entity designated by Surface Owners) shall have the right of access to the landscaped areas within the Operation Areas for purposes of maintaining the landscaping. TARC shall not be liable for any damage to landscaping or landscaping improvements which results from its reasonable exercise of its rights hereunder. 2.3 Drill and Reworking of Wells. Subject to applicable laws and regulations, TARC shall continue to have the right and privilege to exercise all of its oil and gas leasehold rights to drill, operate, and produce, including, but not limited to, the deepening, directional or slant drilling, fracturing, re-drilling or re-completing of all wells with a surface location within the Operation Areas. Surface Owners shall not interfere with TARC's right to drill, operate, and produce not only the existing Wells, but also those located within the Operation Areas. 2.4 Surface Damages. As consideration for the damages and loss of economic value to Surface Owners of TARC 's use of the Operation Areas and drill sites, TARC agrees to pay Surface Owners the sum of$5000.00 for each individual Operation Area situated on Property within ten (10) days prior to TARC's use thereof. In regard to Operation Area 3, this means that TARC will pay the agreed surface damage amount at such time as any new tanks or equipment are added to the existing battery in Operation Area 3. 3. Access to the Operation Areas. 3.1 TARC understands and agrees that Surface Owners may in the future develop a land use plan for the Property. In connection with such plan, portions of the existing Access Roads may be replaced with improved public rights-of-way to he established as part of the land use plan and at Surface Owners' expense. Until such plan is approved and the public roads arc installed, TARC will continue to use and maintain at its expense the existing 4 • unimproved Access Roads to access the Operation Areas, wells and any other TARC equipment and facilities. 3.2. Access Roads which are (or hereafter become) paved or otherwise improved by Surface Owners in connection with Surface Owners' development of the Property (the "Access Roads"), shall be constructed in such manner as to reasonably accommodate the equipment normally used by TARC for its oil and gas operations, regardless of the standard for roads or streets required by the applicable zoning requirements for the Property. Such use by TARC shall include, but not be limited to the use of any necessary drilling or workover rigs in the Operation Areas. When Surface Owners are prepared to proceed with land planning and development, Surface Owners shall prepare and deliver to TARC the engineering plans and other specifications for the Access Roads, and TARC and Surface Owners shall work together in good faith to develop final plans and specifications which will reasonably support and accommodate the requirements for TARC and Surface Owners for their respective purposes and intended activities on the Property. Upon completion of any Access Road or pipeline relocation, Surface Owners shall deliver to TARC recordable easements for the new Lease Road or Pipeline locations in a form reasonable and acceptable to both TARC and Surface Owners. Surface Owners shall keep any Access Roads paved by Surface Owners and jointly used by both parties or the subdivision occupants in good condition and repair until the same are dedicated to and accepted by the local governing authority. TARC shall use reasonable care not to damage such paved Access Roads but shall not be responsible for any damage caused by TARC operations. Neither party shall unreasonably interfere in the use of the Access Roads by the other party. TARC shall maintain its Access Roads on the Property not used by occupants of the subdivision to the reasonable satisfaction of Surface Owners. 3.3 In connection with TARC's efforts to obtain the permit approvals, Surface Owners will use reasonable, good faith efforts to assist TARC to obtain any consent or approval required by TARC from the local governing authorities to confirm that TARC will be permitted to use those portions of the Access Roads to be located in public rights-of-way in a manner which will reasonably accommodate TARC's operations in the Operation Area. 4. Notice of Easements. 5 4.1 Recording of this Agreement. A copy of this Agreement shall be recorded by Surface Owner in the books and records of the Office of the Clerk and Recorder for Weld County. 4.2 Notice to Homeowners, Builders and/or other Developers. Surface Owners shall furnish all homeowners, builders and developers which purchase all or any portion of the Property and each person or entity who proposes to enter into a contract to purchase a lot which is adjacent to or any part of which is within 150 feet from the Operation Areas or a pipeline easement, with a plat that shows the locations of the Operation Areas, access routes, and pipeline easements. In addition, Surface Owners shall provide written notice to all such purchasers that include the following; a. there may be ongoing oil and gas operations and production on the surface of the Premises within the Operation Areas, pipeline easements and access routes; b. there are likely to be wells drilled and oil and gas production facilities constructed and installed (including but not limited to compressor stations and tank batteries) within the Operation Areas and flowlines and pipelines constructed and maintained on the Premises; c. heavy equipment will be used by TARC from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24- hour basis; and d. homeowner associations and buyers of individual lots or homes will be subject to and burdened by all of the covenants and waivers made by Surface Owners in this Agreement, including, but not limited to those covenants and waivers; i) prohibiting the location of any building, structure, or other improvement within the oil and gas Operation Areas; and u) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement. 5. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the personal representatives, heirs, successors and assigns of the parties and the benefits of this Agreement shall inure to their personal representatives, heirs, successor sand assigns of the parties. 6 6. Covenants Run with the Land. This Agreement constitutes covenants running with the land and shall be binding upon all parties who succeed to any interest that Surface Owners or TARC has or will have in the Property. 7. Governing Law. The validity, interpretation and performance of this Agreement shall he governed and construed in accordance with the laws of the State of Colorado. 8. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. 9. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing to either party and their respective successors and assigns of public record either by (a) personal delivery; (b) expedited delivery service with proof of delivery; (c) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or (d) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: C.B Keirnes Land Company, LLC and Texas American Resources Company - Alta, LLC 98 San Jacinto Blvd., Suite 800 55 South Elm Avenue Suite 200, Austin, Texas 78701 Eaton, Colorado 80615 512-480-8700 —office • 970-356-6600 - office 512-480-8732 — facsimile • ' 888.575.9254 - facsimile Notice to successors or assigns of a party shall be addressed or delivered to such parties' address of public record. 10. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 7 11. Attorney's Fees. In the event either party to this Agreement brings suit to enforce or interpret any portion of this Agreement, the party prevailing in such action shall be entitled to recover all costs incurred in such action, including without limitation, reasonable attorneys fees. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TEXAS AMERI N RESOURCES COMPANY By: Printed Na e:3 I?oY ;Esc' Title. Jue.?z s+occs-t- [a.,to C. B. Keirnes Land Compattyvi,LC. Alta, LLC Printed Name: Printed Name: ;11.-41- ( y{�� Title: �4„...ni do. � Title: S ACKNOWLEDGMENT STATE OF TEXAS ) )ss. COUNTY OF TRAVIS ) This instrument was acknowledged before me on the a3 ra day of Februnry 2006, by'Tt-Ctsil Giese Dice men* - 1,.ar,r1 of Texas Amdrican Resources Company, on ehalf of said company. Gun) 77). 10hMM N ry Public in and for the State of Texas My commission expires: sgb'!p KAREN M. WHITE 3 a8 o"t00� Notary Public.State of Texas My Commission Expires _ March 28,2007 4 STATE OF COLORADO ) ) COUNTY OF \,v C i d ) This instrument was acknowledged before me on the a`1 ri day of k'bpt.,ct. + 2006, b C'. f7JrAct Kt%rr Y u•1 MR:)c of C. B. Keirnes Land Company, LLC, on behalf of said limited liability company. n L�u1( 3 a A- . 31 41.L-1 Notary Public My commission expires: a I2 , Zoo"} STATE OF COLORADO ) ) COUNTY OF Vv-t'i d ) This instrument was acknowledged before me on the c2`l nn day of (t Ui vt Cc 111 2006, by ( t revilt K*' er«.) , I0_,N f i of Alta, LLC, on riehalf of said limited liability Company. "(Ada ti9 /fit/7Cr Notary Public My commission expires: 3 rz 2 L 9 . EXHIBIT"A" r< t Rtdgeview Farms:PUU a::s.,Road bottom Hole Location of `.•— • •—.—. ci. os Psible Fitndge41-23 r1 r • / Lot 8 RE 3868 so...Lnation of � T Possible Eldridge �---------••` _____.------------ 31-23 \ \ ---, • Operation Arta 2(325'x 325'4 \ / F and Surface Location for ��iii Posnibk Eldridge 3i-23 and 41-23 Location of Possible / l.:Linage 41-23 —./ ,r u- Ix Operation Area 1(300 x.f111Y) it Bottom Hot Location and Surface Location for / of Pruesbiedndge 5-1-23 Dn isible E.1dr t dge 5-l•23 Possible Flu%Line `100 Drill window Location ut Po.- le Vl Eldridge-.1.» 1 Lot U RE 3866 t. J \` JlaN Access Road .• ik-FIdridge 2.2? \•-•..... — — —.—.—f"\ Existing Csmpresbur 7'Existing Plow L itsc \ St / Tank \< Op —1 Eldrtagr i-23 r Operation Area 3(300 x 3x01 \ ` L Aiccus Road Location of all Existing ant,Future rank. ‘.- a NOMM rierr*in L777-7 7 � 0 BQ0 SCALE:r MM.400 rNt B i t:ass tiny i reanve Designs.LLC: C.B. Keirnes Land Company, LLC >; x V •• ''L• `.. F;Y +owe,Fin:4sr iii' :u:. ::,,.r„�5 Exhibit A m -.. . • ^.-' y. • l'hon.. vi.,t.,...A.10 10 i• .O5-451-1742 General Location Map 2 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made and entered into this Zee day of February 2006 by and between Texas American Resources Company ("TARC"), whose address is 98 San Jacinto Boulevard, Suite 800, Austin, Texas 78701 and Ridgeview Farms, I,LC ("Ridgeview") whose address is 55 South Elm Avenue, Suite 200, Eaton, Colorado 80615. RECITALS A. Ridgeview owns that certain real property described on Exhibit A attached hereto and incorporated herein ("the Property)." B. TARC's parent company, TARH E&P Holdings, LP, via assignment from Bonanza Creek Operating Company, owns a lease of the oil and gas rights in and under the Property which has been pooled into one lease for the entire East 1/2 of Section 23, Township 6 North, Range 66 West of the 6`h P.M., Weld County, Colorado. Pursuant to the Lease TARC has the right to use so much of the surface of the Property as is necessary to explore for, develop, and produce certain of the oil, gas and other hydrocarbons in and underlie the Property at locations permitted by government regulations. C. Ridgeview intends to develop the Property into residential lots and wishes to obtain the agreement of TARC to relinquish and abandon any rights it may have to use the surface of the Property for mineral exploration. D. By separate agreement, TARC has secured the right to locate well heads on property adjacent to the Property and then directionally drill beneath the Property to bottom-hole locations beneath the surface of the Property(Eldridge Well No. 41-23& Eldridge Well No. 5-1- 23) which will prevent any interference by TARC with Ridgeview's use of the surface. E. Because TARC will incur drilling costs in excess of that which it would incur by drilling a vertical wellbore on the surface of the Property, Ridgeview has agreed to contribute funds to TARC to in part offset and defer the cost of directional drilling versus the cost of vertically drilling Eldridge Well No. 41-23 on the Property. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Incorporation of Recitals. The foregoing Recitals are incorporated herein by reference. 2. Ridgeview to Pay Additional Cost of Directional Drilling. Ridgeview will be responsible for paying any and all actual out of pocket, incremental costs incurred by TARC for drilling the Eldridge # 41-23 Well directionally(which shall not include any TARC overhead costs) in an amount not to exceed S 85,000. Within ten (10) days after receipt of written Notice Of Intent to Drill and Request For Deposit("Notice") from TARC, Ridgeview shall and hereby agrees to pay to TARC the estimated incremental costs stated in the Notice(the "Deposit"). Such Notice shall include a copy of the drilling permit issued by the COGCC covering the well TARC intends to drill. TARC may commingle the Deposit with other funds but shall hold it in a separate, interest bearing account against which only the costs described herein shall be charged. TARC will deliver invoices or other evidence substantiating such costs to Ridgeview at or before the time it charges the Deposit for any costs. 3. Security Deposit. The Deposit shall be held by TARC and shall continue to belong to and remain an asset of Ridgeview until such time, and from time to time, as portions thereof are earned by TARC for the performance by TARC of the work contemplated herein. Upon such completion, TARC shall be entitled to retain such funds and Ridgeview shall receive a credit therefore against Ridgeview's reimbursement obligation under this Agreement. If the 2 total directional drilling costs are less than the Deposit, then any unused portion of the Deposit together with any interest earned thereon shall be promptly returned to Ridgeview. If for any reason (including without limitation, the insolvency or bankruptcy of or by TARC) all or any portion of the work for which the Deposit was made is not completed by TARC in accordance with the terms hereof, the Deposit (or the portion thereof not previously credited to Ridgeview for work performed by TARC) shall be promptly returned to Ridgeview. Such deposit shall be immediately returned to Ridgeview if TARC does not drill the Eldridge 41-23 Well within 12 months from the date that Ridgeview pays the Deposit after which time TARC shall be solely responsible for all costs of directionally drilling the subject well. It is also agreed between the parties hereto that if the Eldridge 41-23 well is not spudded by TARC within two and one—half years from the date of this Agreement, Ridgeview shall have no further obligation to pay the Deposit and TARC shall be solely responsible for all costs of directionally drilling the subject well. 4. Moving of Electrical Equipment and Facilities. If as a result of any work performed under this Agreement, TARC's electricity provider should charge TARC for any work necessary to change or move the electrical equipment used by TAR.C, all such actual third party costs shall be paid by Ridgeview. Ridgeview will be responsible for notifying the electricity provider and Ridgeview et al will be responsible for compensating TARC for any loss of production or any required rework that may result due to the moving or changing of electrical equipment. Ridgcview et al agrees to compensate TARC for loss of production during the shut- in period at a rate of$150.00 per day per well. 5. Moving of Pipelines and Related Equipment. TARC and Duke own and operate certain pipelines, gathering lines and related equipment on the Property (the "Pipelines"). 3 If Ridgeview finds it necessary to relocate any such Pipelines or any oil and gas production facilities constructed and installed (including but not limited to compressor stations and tank batteries) within the E 1/2 of Section 23 in order to accommodate Ridgeview's development plans for the Property, Ridgeview shall be responsible for coordinating the necessary work and incurring any actual third party costs associated with the relocation thereof; provided that TARC shall use reasonable efforts in good faith to promptly facilitate and coordinate such relocations. Ridgeview et al agrees to compensate TARC for loss of production during the shut-in period at a rate of S150.00 per day per well. 6. Covenant Running With The Land. This Agreement constitutes a covenant running with the land and shall be binding upon all parties who succeed to any interest that Ridgeview or TARC has or will have in the Property; provided however, that all obligations of Ridgeview hereunder that create a liability of Ridgeview to TARC may be assigned by Ridgeview to a homeowners' association in which event the homeowners' association and not individual property owners shall bear such liability. A copy of this Agreement shall be recorded by Ridgeview in the books and records of the office of the Clerk & Recorder for Weld County. 7. Governing Law. The validity, interpretation, and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 8. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by(a) personal delivery; (b) expedited delivery service with proof of delivery; (c) United States Mail, postage prepaid, and registered or certified with return receipt requested; or (d) prepaid telecopy or fax, the receipt of which shall be acknowledge, addressed as follows: 4 RIDGEVIEW FARMS, LLC 55 South Elm Avenue, Suite 200 Eaton, CO 80615 Facsimile: 888/575-9254 TEXAS AMERICAN RESOURCES COMPANY 98 San Jacinto Boulevard, Suite 800 Austin, Texas 78701 Facsimile: 512/480-8732 9. Entire Agreement. This Agreement sets forth the entire understanding between the parties and supercedes any previous communications, representations or agreements, whether oral or written. No change in any of the terms or conditions herein shall be valid or binding on any party unless in writing and signed by an authorized representative of each party. 9. Attorney's Fees. In the event any party to this Agreement brings suit to enforce or interpret any portion of this Agreement, the party prevailing in such action shall be entitled to recover all costs incurred in such action, including without limitation, reasonable attorney's fees. 10. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. TEXAS AMER I3 N RESOURCES COMPANY By Printed Names) Title: \)k �t w — 1�1rr>fl 5 RIDGEVIEW FARMS, LW /' Printed Name: 77 SedidsetaziettS Title: Q �/ 6 ACKNOWLEDGMENT STATE OF TEXAS )ss. COUNTY OF TRAVIS This instrument was acknowledged before me on the Q rd day of Fe�ir�caf 2006,byT- G,eselman, A,t,cr2cesic\e11.rrj of Texas Amerman Resources Company, on b half of said company. aALU // /. (Lit— No ary Public in and for the State of Texas My commission expires: ,lat. KAREN M. WHITE 3Q3 �''] ;I;', ^: Notary Public.State of Texas -oZg" c��C 7 $ My Commission Expires I 'r„p„o^, March 28,2007 STATE OF COLORADO ) COUNTY OF 'Ve'in This instrument was acknowledged before me on the ,'.h-I T ` day of ttrc. .I 2006, by 0 r3i ,�tr.� l<. �„ x _ p r, r. , r , of C. B. Keimes Land Company, LLC, on behalf of said limited liability company. Notary Public My commission expires: 3 I[ z 7 EXHIBIT"A" r< LotARE3ti6A• •—••--• C, Rldgeview Farms PUD Ai ces.Road Bottom Hole • 1_ Location of 3 Possible Eldridge 41-23 •' .. Lot 8 RE 3868 Location of Poaazible Fldndgr - 31-23 \ Operation Area 2(325'a 325') / and Surface Location fur '�. 7 Passible Eldndge 31-23 and 41-23 Location of Possible / • Elcindge 41-23 i Operation Area 1(300•x 300') Bottom N�Location and Surface Location for \ f of Possible t4dridgp 5-1-23 Possible F3dndge 5-1-2i ` Possible Flow Line ` \' 800'trill Window \1-1 Location of Poi Eldridge 5-1-23 Lot D RE 3868 L J Access Road Eidndge 2.23 --./..s..."'•-• ..—..--.—- — ��// xisting ExistingCompressor Flow Line \ \ E Site Tank \ Eldndge 4-22 r Operation Area 3(300'x 300') 1 Acme Road Location of all Existing • and Future Tanks .....- ....-- i.- 0 WAN rw*4rr aaa I 1 7 2770 I SCALE:t NWl.400bit N ,,r ('asaedav t reahve D igns.LLl C.B. Keirnes Land Company, LLC i a V * _ i-`on,I[Int err Exhibit A ig � lvfolL IA)Fioe15 ... IRanv J1i'.t5.i-N'�i0 Fa. N7U••1SN'(742 '• �! . �' `': 1.- General Location Map $ EXHIBIT A (Continued) PROPERTY DESCRIPTION (Ridgeview Farms P.U.D.2 A portion of the Northeast Quarter of Section 23, Township 6 North. Range 66 West of the 6`h P.M.. County of Weld. State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of Said Section 23 as assumed to bear South 00°00'00" East and with all bearings contained herein relative thereto; Beginning at the Northeast corner of said Section 23; thence along the East line of the Northeast Quarter of said Section 23 South 00°00'00" East 555.11 feet to a point on the approximate centerline of the No. 2 Ditch, said point being the TRUE POINT OF BEGINNING; thence continuing along said East line South 00°00'00" East 1434.42 feet to the Southeast corner of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23; thence along the South line of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23 North 89°37'58" West 1353.08 feet to the Southwest corner of the North Half of the Southeast Quarter of the Northeast Quarter of said Section 23; thence along the East line of the West Half of said Northeast Quarter North 00°03'34" East 431.27 feet to a point on the Easterly line of the Ogilvey Ditch: thence departing said East line and along said Easterly line of the Ogilvey Ditch the following four (4) courses and distances; thence North 27°00'00" West 261.00 feet: thence North 11°00'00" West 600.00 feet: thence North 31°00'00" West 400.00 feet; thence North 07°40'00" West 370.95 feet to a point on the South Right of Way line of State Highway 392; thence departing said Easterly line of the Ogilvey Ditch and along said South Right of Way line of State Highway 392 the following four(4) courses and distances; thence North 80°36'26" East 38.66 feet; thence South 88°57'34 East 100.00 feet: thence South 89°28'34" East 550.00 feet; thence South 89°28'04" East 315.70 feet to a point on the approximate centerline of the No. 2 Ditch; thence departing said South Right of Way line and along said centerline the following nine(9) courses and distances; thence South 46°08'02" East 466.77 feet; thence South 36°37'45" East 166.27 feet; thence South 43°06'29" East 42.10 feet: thence South 54°34'14" East 66.67 feet: thence South 75°14'40" East 31.33 feet: thence South 88°50'54" East 68.57 feet: thence North 87°11'35" East 162.10 feet; thence South 86°03'32" East 31.61 feet: thence South 80°51'33" East 26.52 feet to a point on the East line of the Northeast Quarter of said Section 23 and the TRUE POINT OF BEGINNING; Said parcel contains 63.34 acres. more or less. and is subject to all existing easements and/or rights of way of record. Page 1 of 2 Esther Gesick .+1 To: Lois.Pringle@FiveRiversCattle.com Subject: FW: #2006-13 Mr. and Mrs. Pringle, I wanted to let you know our office received your e-mail and it has been included in the case file as an Exhibit. Also, the case scheduled for March 1, 2006, was continued to March 29, 2006, at 10:00 a.m., since only three of the five Commissioners were in attendance. Although your written testimony is in the file, you are still welcome to come and speak at the upcoming hearing. If you need anything further, please let me know. Sincerely, Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Carol Harding Sent: Tuesday, March 07, 2006 10:41 AM • To: Esther Gesick Subject: FW: #2006-13 From: Lois.Pringle@FiveRiversCattle.com [mailto:Lois.Pringle@FiveRiversCattle.com] Sent: Tuesday, March 07, 2006 10:23 AM To: Carol Harding Subject: RE: #2006-13 Good Morning. We live in the Sonny View Estates sub-division. We were not able to attend the 3/1/06 meeting. Please update us on the request of zoning change from Agricultural to PUD for Docket#2006-13, located South of and adjacent to Hwy 392, and West and adjacent to WCR 35. We strongly object to this requested zoning change. We purchased an existing home in August of 2004 in Sonny View Estates. It was in very bad shape, so we put in necessary major improvements to the land and property. We chose the area for many reasons, including the open space, the obvious lack of new construction, and light volume of traffic. With two small children and two very active dogs, we needed the room, and desired the country atmosphere while still being close to town. The attractiveness of living in an established sub-division with no new construction in the foreseeable future also played greatly into our decision to purchase this almost 30 year old house. The opportunity to belong to the already over-crowded, but still high performing, Eaton School District was another major factor we considered before moving. We feel the proposed 24 house Gated-community North of Seeley Lake will rescind all the reasons we moved to and updated our property. In addition, we cannot see how Hwy 392 and the bridge on WCR 35 could handle the required traffic volume for this sub-division, without major improvements and/or updating. We feel the lake and surrounding natural habitat would be forever changed or destroyed by this quantity and type of construction on both the land and roads. Even though this letter is late, we sincerely hope you take our position into account in your decision. EXHIBIT 3/7/2006 I /z #loco Page 2 of 2 Thank you for your time and I look forward to hearing from you soon. Sincerely, Bill & Lois Pringle 3204 Grandview Drive Greeley CO 80631 351-0510 (home) Ipringle@what-wire.com Lois.Pringle@FiveRiversCattle.com 3/7/2006 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 14, 2006 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Veklin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR PZ-1090 IN THE AGRICULTURAL ZONE DISTRICT. EI-AJ Y\4V€LC-E it_ VEWEEIl Ae LIN' Name of Person Posting Sign Signature of Perso Poing Sign --- STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of 11 to { C t'1 , 200k WITNESS my hand and official seal.ihj Lc Notary Publ ca Cr LC) BILLIE J. MOORE NOTARY PUBLIC / �{)/�J� STATE OF COLORADO My Commission Expires: IC/i9' // Oh EXHIBIT •*a'- y r, - -''rP trr;:e,.a *"..it.',-, �' f,.��:'; ,..:*•'.,;(a7-444 ^' '.ry r;., A;• '',.-4-;; t-i/Ia fti• Q�{u -.,ag }. • d' `# iF Ate .1.7.: uara 3�Ih °i. - MIv3 y& ytr`, 'i S'd' °t z• _ w to ..alit it '�% y. ¢ '' etk �,' .. "N . .' iik p't{y it..,......./(4,1401;t: d a• p4k'd i'••••,!.....;•4 t i atof; �a 3t'� w . a g ..t :ice ;, � -+ &`fir r - r" 7a$ . 1. t u r ,�„A >~.it x" r4 n"r" 4, ,1 s ,',+a _ n .: "r r t d _ �. ar, a,•q# �'� 'Pr ° ,P' '� ' art ,why° ,s i4 r rx4r "`. '�+3'r "g:'"">�. y,�h `� ,+�' '� ��°°m d�7``��^Cf�: v.�, � e f :4 �t'5a't Y'"T' :5'4,1 111: r !'>tu a Fr .;., r i ? 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Fs• 6 T #.gYe+p. _,- { PL1090 Exhibit L Oversized Poster Board with Map of site (returned to applicant since included in copy of PowerPoint Presentation - see Exhibit P, page 6) Exhibit M Oversized Poster Board with Sketch pictures (returned to applicant since included in copy of PowerPoint Presentation - see Exhibit P, pages 13- 15) Not Scanned 2005 PINNACLE PARK HOMEOWNERS Lot Name Address Phone 1 McKay,Louise 33051 WCR 35 356-7528 2 Geisert, Richard 33075 WCR 35 352-8667 3 Ross, Steve 16974 Longs Peak Rd. 353-8326 4 Adams, Bill 16904 Longs Peak Rd. 353-5390 5 Burlison,Andrew 33080 Pikes Peak Dr. 396-8806 6 Anderson, Bennett 33046 Pikes Peak Dr. 353-2383 7 Hart, Danny 33049 Pikes Peak Dr. 352-3389 8 Pfeif, Harold _ 33127 Pikes Peak Dr. 686-2725 _ 9 Conger, Flossie 33177 Pikes Peak Dr. 353-5130 10 Thompson, Warren 16876 Longs Peak Rd. 356-8617 I 1 Swallow, John 16698 Longs Peak Rd. 302-4333 12 Rapp, Dwight 16640 Longs Peak Rd. 351-7449 13 Rapp, Pat 16582 Longs Peak Rd. 351-0618 14 Hackett,Robert 16528 Longs Peak Rd. 352-4868 15 Naranjo, Herman 16474 Longs Peak Rd. 392-1146 16 Fokken, Gene 16428 Longs Peak Rd. 304-1543 17 Kramer,Barry 16402 Longs Peak Rd. _ 356-2068 18 Achziger, Caitlin 16324 Longs Peak Rd. ** 19 Smith, Lyle 16287 Longs Peak Rd. 378-7059 20 Eastin, Jon 16359 Longs Peak Rd. 353-0757 21 McElderry, Garry 16419 Longs Peak Rd. 356-7258 22 Gortney, Dan and Jane 16473 Longs Peak Rd. 378-6598 23 Ballard, Mike 16527 Longs Peak Rd. 352-5105 24 Frank, Gary 16583 Longs Peak Rd. 356-8222 25 Sack, Gary 16637 Longs Peak Rd. 353-9147 26 Erickson, Carl 16691 Longs Peak Rd. 356-0400 27 Shupe, Bill 33259 Pikes Peak Dr. 353-0266 28 _ Fritz, Steve 33236 Pikes Peak Dr. _ 351-7135 29 Long, Harold 33180 Pikes Peak Dr. 356-5653 30 Mausbach, Dan 16917 Longs Peak Rd. 352-9281 31 Jay, Dale 16963 Longs Peak Rd. 353-7204 Any Changes or Correction,please notify Julianne Fritz, Secretary Pinnacle Park Irrigation Company, (970) 351-7135. 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