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Home My WebLink About20061318.tiff ,STY op %� °�; Broomfield Urban Renewal Authority u'coi One DesCombes Drive • Broomfield, CO 80020-2495 • Phone (303) 438-6300 • Fax (303) 438-6296 NOTICE OF INTENT TO ACQUIRE AND FINAL OFFER CERTIFIED MAIL-RETURN RECEIPT REQUESTED Northlands Colorado, LLC (Owner as to Tract I) c/o Alberta Development Partners 5460 S. Quebec St. Suite 100 Greenwood Village, CO 80111 Gail D. Kats, Trustee of (Owner as to Tract II and possible owner The Margaret Kats Revocable Trust as to Tract I) 10185 East Lake Drive Englewood, CO 80111 Terril Koops, (Owner as to Tract II and possible owner Personal Representative of the as to Tract I) Estate of Aloise E. Ramaker aka Aloise Ramanker, Deceased 2235 S. Cherry Street Denver, CO 80222-5004 Gail D. Kats (Owner as to Tract II and possible owner 10185 East Lake Drive as to Tract I) Englewood, CO 80111 Sam Kats and Betty J. Kats, (Owner as to Tract II and possible owner Trustees of The Betty J. Kats Living Trust as to Tract I) 591 Park Street Route 2 Box 13 Phillipsburg, KS 67661 Sam Kats and Betty J. Kats, (Owner as to Tract II and Possible owner) Trustees of The Sam Kats Living Trust as to Tract I) 591 Park Street Route 2 Box 13 Phillipsburg, KS 67661 Children's Community Foundation, (Possible owner as to Tract I) Trustee of The Sam Kats and Betty Kats Charitable Remainder Unitrust 591 Park Street Route 2 Box 13 Phillipsburg, KS 67661 CcYVi,YVtii.i t t C CZ t1 on 5 2006-1318 C IC ilCUP Notice of Intent to acquire And Final Offer April 8, 2006 Page 2 Colorado Department of Transportation (Owner as to Tract III, V) 4021 Arkansas Avenue Denver, CO 80222 The Farmer's Reservoir and Irrigation Company, (Owner as to Tract IV) a Colorado corporation 80 South 27th Avenue Brighton, CO 80601 Weld County, Colorado, (Owner as to Tract VI) a quasi municipal corporation c/o Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Denver Ten LLC (Owner as to Tract VII) a Nevada limited liability company 3320 N. Buffalo Drive, Suite 204 Las Vegas, Nevada 89129 Henry and Rachel Weber OR WEBBER (Owner as to Tract VIII) ADDRESS UNKNOWN SOCO Wattenberg Corporation, (Lessee of Tract IV) a Delaware Corporation 1625 Broadway, Suite 2200 Denver, CO 80202 Kerr-McGee Rocky Mountain Corporation (Lessee of Tract IV) Kerr-McGee Ctr(MT-2404) Oklahoma City, OK 73102 Vessels Coal Gas, Inc. (Lessee of Tract IV) dba Vessels Oil & Gas Company 821 17th Street, Suite 500 Denver, CO 80202 • Notice of Intent to acquire And Final Offer April 2 8, 2006 Page 3 Snyder Oil Corporation (Possible Lessee of Tract IV and nka Santa Fe Energy Resources, Inc. possible interest in equipment) 777 Main Street, Suite 2500 Fort Worth, TX 76102 EnCana Oil & Gas, Inc.(USA) (Lessee of Tracts I thru III, V thru VII) 370 17th St., Suite 1700 Denver, CO 80202 EnCana Energy Resources, Inc. (Lessee of Tracts I thru III, V thru VII) a Montana Corporation 370 Seventeenth Street, Suite 1700 Denver, CO 80202 Exco Resources, Inc. (Lessee of Sussex Formation, 12377 Merit Drive, Suite 1700 Tracts 1, 2, 3, and 5) LB82 Dallas, TX 75251 RE: Broomfield Urban Renewal Authority- Acquisition of Wellbores, Surface Facilities and Surface Access Rights Fee Owner: Northlands Colorado, LLC Property Description: Wellbores for the Kats B Unit 1 and K & R Livestock#1 and related surface and subsurface equipment associated therewith located in the SE 1/4 of Section 34, Townshipl N, Range 69 West of the 6th P.M., Broomfield County, Colorado, more particularly described on Exhibit A attached hereto together with any and all rights of surface access to said quarter section appurtenant to the mineral estate. Dear Sir/Madam: The Broomfield Urban Renewal Authority(the "Authority") is proposing to construct a redevelopment project in the Southeast Quarter of Section 34 in Broomfield, County, Colorado (the "Project"). The Authority proposes to begin construction of this Project during the spring of 2006. Notice of Intent to acquire And Final Offer April 28, 2006 Page 4 Design has progressed to a point that the Authority has determined by resolution that it intends to acquire certain property interests by negotiation or condemnation, if needed. A review of public records and the Project design indicates that it is necessary to acquire certain property interests, referenced above and further delineated on Exhibit A attached hereto, from you to accommodate this Project. The Authority has determined that the acquisition of these property interests is necessary to carry out the objectives of the public improvements described above, and for the public health, safety and welfare. This letter provides to you the Authority's Notice of Intent to acquire the above referenced real property interests and offers to purchase the referenced property interests from you. The Authority has secured an appraisal of the necessary property interests from an experienced professional for the Authority's use in determining just compensation due to you. Colorado Revised Statute §38-1-121(2), (copy attached)provides that, if the estimated value of the property interests to be acquired equals or exceeds $5,000.00, the property owner is entitled to obtain his/her own appraisal. The Authority will pay the reasonable costs for a single appraisal' prepared by an appraiser of your choosing, provided: 1) The appraisal is made using sound, fair and recognized appraisal practices consistent with law. 2) THREE (3) copies of your appraisal are submitted to the Authority, along with your appraiser's invoice, within 90 days from your receipt of this notice. Please note: The Authority is not obligated to pay for appraisals received after 90 days from receipt of this letter. You are not required to obtain your own appraisal, however, if you wish to obtain your own appraisal, we strongly suggest that you contact an appraiser of your choice, as soon as possible, so that you can comply with the 90 day time period referenced above. This letter is to notify you of your rights to obtain your appraisal and to inform you that design has progressed to the point that the Authority has determined that it intends to acquire the referenced property interests from you for these improvements. In the event you exercise your right to have your own appraisal prepared pursuant to this notice, please notify the Authority as soon as the appraisal is ready to be submitted. We will make arrangements to effect an exchange of appraisals with you pursuant to state statute. The Authority hereby offers the sum of$261,050.00 as total payment for all the property rights, wellbore and equipment associated with the Kats B Unit 1 described herein and for all rights of surface entry on said quartersection. The Authority hereby offers the sum of$100.00 for all property rights, wellbore and equipment associated with the K &R Livestock#1 well. These offers encompass the estimated value associated with the referenced property rights (leasehold, This Notice of Intent to Acquire should not be construed to permit an appraisal to be completed at Authority expense by any person or entity other than EnCana Oil & Gas, Inc.(USA). Notice of Intent to acquire And Final Offer April 28, 2006 Page 5 fee and royalty interests). The Authority has not attempted to apportion these sums between the various owners of the mineral estate, mineral leasehold interests and royalty interests. To accept said offers please notify me on or before Mayl 82006. In the event you do not accept this offer, the Authority may institute eminent domain proceedings to acquire said property. Thank you and should you have any immediate questions, please do not hesitate to contact me at 303-438-6300. Sincerely, Broomfield Urban Renewal Authority &j tin( By: Charles OzaC cc: See Attached List of Interested Parties Enclosures: 1) CRS §38-1-121 2) Exhibit(s) • Westlaw Page 1 C.R.S.A. § 38-1-121 C West's Colorado Revised Statutes Annotated Currentness Title 38. Property--Real and Personal (Refs&Annos) co Eminent Domain 'th Article 1. Proceedings(Refs&Annos) •§38-1-121.Appraisals--negotiations (1) As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five thousand dollars or more, such notice shall advise that the condemning authority shall pay the reasonable costs of an appraisal pursuant to subsection (2) of this section. Such notice, however, need not be given to any of such persons who cannot be found by the condemning authority upon the exercise of due diligence. Upon receipt of such notice, such persons may employ an appraiser of their choosing to appraise the property interest to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. The value of the land or property actually taken shall be the fair market value thereof. Within ninety days of the date of such notice, such persons may submit to the condemning authority a copy of such appraisal. The condemning authority immediately upon receipt thereof shall submit to such persons copies of its appraisals. If the property interest is being acquired in relation to a federal aid project, then the appraisals submitted by the condemning authority shall be those which have been approved by it pursuant to-applicable statutes and regulations, if such approval is required. All of these appraisals may be used by the parties to negotiate in good faith for the acquisition of the property interest, but neither the condemning authority nor such persons shall be bound by such appraisals. (2) If an appraisal is submitted to the condemning authority in accordance with the provisions of subsection (1) of this section, the condemning authority shall pay the reasonable costs of such appraisal. If more, than one person is interested in the property sought to be acquired and such persons cannot agree on an appraisal to be submitted under subsection (I) of this section, the condemning authority shall be relieved of any obligation herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this section. (3) Nothing in this section shall be constmed as in any way limiting the obligation of the condenming authority to negotiate in good faith for the acquisition of any property interest sought prior to instituting eminent domain proceedings or as in any way limiting the discovery rights of parties to eminent domain proceedings. (4) Nothing in this section shall prevent the condemning authority from complying with federal and state requirements to qualify the authority for federal aid grants. (5) Nothing in this section shall be construed to limit the right of the condemning agency to institute eminent domain proceedings or to obtain immediate possession of property as permitted by law; except that an eminent domain proceeding may not proceed to trial on the issue of valuation until the ninety-day period provided in subsection (I) of this section has expired or the owner's appraisal has been submitted to the condemning authority, whichever is sooner. (6) If the parties involved in the negotiations fail to reach agreement on the fair market value of the property being acquired, the condemning authority, prior to proceeding to trial on the issue of valuation, shall furnish all owners of record a written final offer. rC)2006 Thomson/West. No Claim to Orig.U.S. Govt. Works. Exhibit A All rights of mineral lessees and mineral owners to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Southeast Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property (Mineral Surface Rights); all existing or reversionary rights of any Royalty Owners (whether pooled or not) to use, occupy, possess, enter upon, or to install, construct or maintain improvements upon the surface of the Southeast, Quartersection of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado, or to conduct any operations for the exploration, extraction, treatment, processing, transportation or marketing from or upon the surface of the described property; the wellbores for: the Kats B Unit 1 Well, located in the Southeast Quarter of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado; and, the K & R Livestock #1 Well, located in the Southeast Quarter of Section 34, Township 1 North, Range 68 West, 6th P.M., Broomfield County, Colorado; all non- salvageable surface or subsurface improvements, fixtures, pipelines or other facilities presently located in, on or under the described property utilized in conjunction with the referenced Wellbores or by lessees or royalty owners. NORTHLANDS - SE 1/4 Julie S. Harrington • 2236 S. Jackson Denver, CO 80210 Charles E. Wright P.O. Box 73 Duncan, OK 73534 Roberta M. Wright P.O. Box 73 Duncan, OK 73534 Century Stimulation and Engineering LLC P.O. Box 215 Kimball, NE 69145 Chris Ann Borla P.O. Box 188 Potter, NE.69156 Colorado National Bank - Northeast 4930 Colorado Blvd. Denver, CO 80216-3116 Wells Fargo Bank, N.A. 1740 Broadway Denver, CO 80290 Robert S. Calvert Calvert 1986 Irrevocable Trust 5350 E. 52nd Avenue Commerce City, CO 80022 LaSalle Bank, N.A. 370 17'" Street, Suite 3590 Denver, CO 80202 Amoco Production Company nka BP America Production Company 4101 Winfield Road Warrenville, IL 60555 Colorado Gas Development Ltd. Address Unknown Endowment Energy Partners, LP - listed below Address Unknown Mineral Resources, Inc. a Colorado Corporation 3031 7`h Avenue Evans, CO 80620 Southwestern Eagle, L.L.C. 1675 Larimer Street, Suite 820 Denver, CO 80202 Mission Oil Corporation Gunter B. Hafer 410 17`h Street, Suite 1170 Denver, CO 80202-0714 Montana Gas Investments, Inc. 82 Devonshire St., R22C Boston, MA 02109 Hello