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LILEY, ROGERS & MARTELL, LLC
ATTORNEYS AT L A W
February 7, 2006
Weld County Planning Department
CREELEY OFFICE
Ms. Sheri Lockman FEB 1 0 2006
Department of Planning Services RECEIVED
918 10`(' Street
Greeley, CO 80631
Re: PZ-1095, Waterford Hill PUD
Dear Sheri:
In connection with the County Commissioners' consideration of the Waterford
Hill PUD Subdivision, enclosed please find the following documents:
1. Lease Agreement between Sonja Craighead and Gary Boxberger for the
farming of Lot B.
2. Covenant prohibiting Ms. Craighead from constructing improvements or
selling Lot B for a period of one (1) year.
I am hopeful that the Lease and Covenant will satisfy the County's concerns that
by processing an exemption and a nine lot subdivision at the same time, Ms. Craighead is
attempting to evade the County regulations. As we discussed at the Planning
Commission hearing, Ms. Craighead could apply for approval of nine lot subdivision one
year after the approval of the exemption plat without objection from the County staff. By
prohibiting the use or sale of Lot B for any purpose other than farming for a period of one
year, I believe we have effectively achieved the same result. Based on the Lease and
Covenants, I am hopeful that the planning staff will agree that Ms. Craighead does not
intend to evade the County regulations and, thus, will be able to withdraw its objection to
the creation of nine lots in the Waterford Hill PUD subdivision.
I have also enclosed a Covenant executed by Ms. Craighead agreeing to accept
historic runoff from Waterford Hill PUD and an Easement over Tract 13 for the benefit of
the North Poudre Irrigation Company.
R
1 —I— .
1 035
LUCIA A. LILEY JAMES A. MARTELL " TODD W ROGERS
THE PETER ANDERSON HOUSE 300 SOUTH HOWES STREET r FORT COLLINS, COLORADO 80521
TELEPHONE:(970)221-4455 a FAX: (970)221-4242
Ms. Sheri Lockman
February 7, 2006
Page 2
If you should have questions with regard to the documents, please do not hesitate
to call me. I will provide the Homeowners Association Covenants, Architectural
Guidelines, Articles of Incorporation, Bylaws and Resolutions to you prior to the
meeting. I appreciate your assistance and cooperation in this matter. Thank you.
Sincerely,
14/ 0, fre
James A. Martell
JAM:bkr
Enclosures
cc: Ms. Sonja Craighead
Mr. Mary Barstow
LILEY, ROGERS & MARTELL, LLC
ATTORNEYS AT L A W
February 8, 2006
Ms. Molly Sommerville
Woodrow & Sobel, P.C.
1660 Wynkoop Street, Suite 1100
Denver, CO 80202
Re: Sonja Rose Property
Township 8 North, Range 67 West
Section 31: S/2SE/4; NE/4SE/4 (100 acre parcel)
Weld County, Colorado
Dear Molly:
Enclosed please find the Agreement Concerning Certain Minerals Rights, the
Surface Use Agreement, and the Memorandum of Agreement for Sonja Craighead's
property in Weld County executed by Ms. Craighead. I would appreciate it if you would
please revise page 1 of the Agreement Concerning Mineral Rights and the Memorandum
as I have indicated to show the correct acreage, have the documents executed by
Anadarko and return fully executed copies to me. I appreciate your assistance and
cooperation in this matter. Thank you.
S' cerely,
/1/614.6ec
ames A. Martell
JAM:bkr
Enclosure
cc: Ms. Sonja Craighead
Mr. Mary Barstow
LUCIA A. LILEY ^ JAMES A. MARTELL +. TODD W. ROGERS
THE PETER ANDERSON HOUSE c. 300 SOUTH HOWES STREET L. FORT COLLINS, COLORADO 80521
TELEPHONE: (970)221-4455 * FAX: (970)221-4242
December 28,2005
AGREEMENT CONCERNING CERTAIN MINERAL RIGHTS
THIS AGREEMENT is effective this day of , 2006, by and
between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources
Corporation ("Anadarko Land"), with an address for business of Post Office Box 1330, Houston,
Texas 77251-1330 and Sonja Craighead, an individual ("Surface Owner"), with an address of
5429 East County Road 58, Fort Collins, Colorado 80524 .
y
A. Surface Owner owns th surface estate for property located in Weld County,
Colorado, described as approximately acres in the SE/4 of Section 31, Township 8 North,
Range 67 West, which Surface Owner proposes to develop and which is more specifically
described in the attached Exhibit 1 and referred to hereinafter as the "Property."
B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid
hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and
associated liquid hydrocarbons in the Property.
C. The mineral resources exclusive of oil, gas and associated liquid hydrocarbons
that underlie the Property are hereinafter referred to as the "Minerals."
D. This Agreement provides for the relinquishment by Anadarko Land to Surface
Owner of surface rights for the Minerals; it does not in any respect apply to the oil, gas and
associated liquid hydrocarbons for the Property that are owned by Anadarko Land and Anadarko
E&P Company LP, an affiliate of Anadarko Land, which are the subject of a surface use
agreement among the Anadarko entities and Surface Owner.
NOW THEREFORE, in consideration of the covenants and mutual promises set forth in
this Agreement, including in the recitals, the parties agree as follows:
1. Relinquishment and Quitclaim Document.
a. Anadarko Land agrees to provide Surface Owner with a relinquishment
document in which Anadarko Land relinquishes to Surface Owner the surface
rights for the Minerals, generally in the form attached to this Agreement as
Exhibit 2.
b. Surface Owner shall pay Anadarko Land the amount of$50 an acre for the
relinquishment document or the total amount of Five Thousand Two Hundred Ten
Dollars ($5-24.0) for the t94,.2 acres that comprise the Property.
S5za lto.y
c. Surface Owner shall make the payment to Anadarko Land, and Anadarko
Land shall provide the relinquishment document to Surface Owner, within thirty
(30) days from the date that a local jurisdiction approves a final plat for all or any
portion of the Property.
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. In the event that any part of this Agreement
would otherwise be unenforceable or in conflict with applicable laws due to the term or period
for which such part is in effect, the term or period for which such part of the Agreement shall be
in effect shall be limited to the longest period allowable which does not cause such part to be
unenforceable or in conflict with applicable laws.
9. Notices.
Surface Owner shall provide thirty (30) days advance written notice of all hearings in
local jurisdictions on applications for development as defined in C.R.S. §24-65.5-101 et. seq.
Notices or communications required or permitted by this Agreement shall be given in
writing either by; i) personal delivery; ii) expedited delivery service with proof of delivery; iii)
United States mail, postage prepaid, and registered or certified mail with return receipt
requested; or iv) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed
as follows:
To Anadarko Land: Anadarko Land Corp. do Anadarko Petroleum Corporation
Attn: Don Ballard
Post Office Box 1330
Houston, Texas 77251-1330
To Surface Owner: Sonja Craighead
5429 East County Road 58
Fort Collins, Colorado 80524
Notices shall be effective upon receipt and any party may change an address by notice to
the other parties.
10. Incorporation of Exhibits.
Exhibits 1, 2 and 3 are incorporated into this Agreement by this reference.
11. Counterpart Executions.
This Agreement may be executed in counterparts, each of which shall be deemed as
original.
3
2. Default on Payment when Due.
If Surface Owner fails or refuses to make the payment described in section 1.b. within the
time provided in section 1.c., the amount due shall bear interest from the date of default at the
lesser rate of either twelve percent (12%) per annum or the maximum amount of non-usurious
interest. Anadarko Land shall be entitled to collect all reasonable costs and expenses of
collection and/or suit, including but not limited to, court costs and reasonable attorneys fees.
3. Recording of Memorandum of Agreement.
A memorandum of this Agreement shall be recorded with the Clerk and Recorder of
Weld County in the form attached to this Agreement as Exhibit 3.
4. Adjustment to Purchase Price.
The amount of the purchase price for the relinquishment document provided for in
section 1.b. shall increase each year from the date of this Agreement in accordance with the
Consumer Price Index so that the amount of the purchase price due after one year from the date
of this Agreement shall be the amount of the purchase price plus an amount of money which
reflects the sum of the percentage of increase in the Consumer Price Index to the date that
Surface Owner makes the payment.
5. Application and Term of Agreement.
This Agreement and the terms included in this Agreement are conditioned upon final plat
approval being given by a local jurisdiction for all or portions of the Property within three (3)
years from the date of this Agreement; provided, however, this Agreement and its terms shall
automatically apply to all of the Property when any portion of the Property is given final plat
approval.
6. 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, successors and assigns. This Agreement and
all of the covenants in it shall be covenants running with the land.
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.
2
12. Entire Agreement.
This Agreement sets forth the entire understanding among the parties and supercedes 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.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the dates set forth in the acknowledgements, to
be effective on the date first above written.
ANADARKO LAND CORP.
Sift I CazL '4'• By:
Name:
Sonja Craighead, an individual Its:
4
ACKNOWLEDGMENTS
STATE OF TEXAS )
) ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
2006, by , as for
ANADARKO LAND CORP.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2006, by Sonja Craighead, an individual.
Witness my hand and official seal.
My Commission expires:
Notary Public
5
EXHIBIT 1
to
Agreement Concerning Certain Mineral Rights
effective ,2006
between Anadarko Land Corp. and Sonja Craighead
Legal Description
or 1:
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
BEGINNING at the Southeast Corner of said Section 31; thence along the South line of
said Southeast Quarter N 90' 00' 00" W 448.00 feet; thence departing said line N 02'
11' 35" E 376.92 feet; thence 334.89 feet along a non—tangent curve, concave to the
Northwest having a radius of 1200.00 feet, a central angel of 15' 59' 23", and a
long—chord which bears N 42' 52' 14" E 333.80 feet; thence with a line non—tangent
to said curve N 90° 00' 00" E 230.27 feet to the East line of the Southeast Quarter
of said Section 31; thence along said line S 02' 11' 35" W 621.74 feet to the POINT
OF BEGINNING, containing 5.7186 acres, more or less. Said tract being subject to a
30 foot wide county road right—of—way on the most Easterly and Southerly lines and
any easements, rights—of—way. or restrictions now in use or on record.
LOT 7-
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
COMMENCING at the Southeast Corner of said Section 31; thence along the South line
of said Southeast Quarter N 90' 00' 00" W 448.00 feet to the TRUE POINT OF
BEGINNING; thence continuing along said line N 90' 00' 00" W 2047.98 feet to the
South Quarter Corner of said Section 31; thence departing said line and along the
North—South Centerline of said Section 31 N 01' 31' 44" E 1322.12 feet to the
Center—South Sixteenth Corner; thence S 89° 52' 53" E 1255.56 feet to the Southeast
Sixteenth Corner; thence N 01° 51' 37" E 1319.75 feet to the Center—East Sixteenth
Corner; thence along the East—West Centerline of said Section 31 S 89' 45' 51" E
616.45 feet to the Southerly line of that tract of land conveyed in Book 1143. Page
388, at Reception No. 945957; thence along said Southerly line the following six
courses: 5 45' 06' 25" E 300.46 feet. S 55' 29' 25" E 123.60 feet, S 65' 33' 25" E
85.30 feet, S 73' 07' 25" E 48.80 feet, N 88' 40' 35" E 78.70 feet, and S 79' 05'
25" E 117.70 feet to the East line of the Southeast Quarter of said Section 31;
thence departing said Southerly line and along said East line S 02' 11' 35" W 1663.49
feet; thence departing said East line S 90' 00' 00" W 230.27 feet;'thence 334.89 feet
along a non—tangent curve, concave to the Northwest having a radius of 1200.00 feet,
a central angle of 15' 59' 23". and a long—chord which bears S 42° 52' 14" W 333.80
feet; thence with a line non—tangent to said curve S 02' 11' 35" W 376.92 feet to the
POINT OF BEGINNING. containing 104.6817 acres, more or less. Sold tract being
subject to a 30 foot wide county rood right—of—way on the most Easterly and
Southerly lines and any easements, rights—of—way, or restrictions now in use or on
record.
Y+ 6
DECLARATION
OF
RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, the undersigned, SONJA CRAIGHEAD, f/k/a SONJA ROSE
STONESTREET, f/ka/ SONJA ROSE ("the Declarant") is the owner of the real property
legally described as Lot B Recorded Exemption RE-4258 ("Lot B").
WHEREAS, Lot A of Recorded Exemption RE-4258 has been divided into nine
(9) lots to be known as Waterford Hill PUD ("the Subdivision").
WHEREAS, in connection with the approval of the Subdivision by the Board of
County Commissioners of Weld County ("the County"), the Declarant has agreed to
place certain covenants, conditions and restrictions on Lot B.
NOW, THEREFORE, for and in consideration of the approval of the Subdivision
by the County and other good and valuable consideration, the receipt and adequacy of
which are hereby confessed and acknowledged, the Declarant hereby publishes and
declares that Lot B shall be held, sold, conveyed, transferred, leased, subleased and
occupied subject to the following covenants, conditions and restrictions which shall run
with the land and shall be binding upon and inure to the benefit of the Declarant, the
County, and all parties having any right, title or interest in or to Lot B or any portion
thereof their respective heirs, personal representatives, successors and assigns:
1. Improvements. Except for the existing center pivot sprinkler located on Lot
B and all appurtenances thereto, and any perimeter fencing presently located or
subsequently installed on Lot B, no building, structure or other improvement shall be
constructed or installed on Lot B during the term of this Declaration.
2. Conveyance. Declarant shall not sell, transfer or convey Lot B to any other
person or entity during the term of this Declaration.
3. Term. This Declaration and the covenants, conditions and restrictions
herein contained shall have a term of one (1) year commencing on the date this
Declaration is recorded in the office of the Clerk and Recorder of Weld County, Colorado
and ending one (1) year thereafter. On the first anniversary of the date of recording, this
Declaration and all the terms, covenants, conditions and restrictions herein contained
shall automatically terminate, become null and void, and thereafter be of no further force
or effect and Lot B shall be fully and completely released from the covenants, conditions
and restrictions herein contained without the necessity of the recording of any additional
documents or instruments evidencing such termination.
4. Enforcement. The terms, covenants, conditions and provisions contained in
this Declaration may be enforced by the County by appropriate proceeding at law or in
equity against those persons or entities violating or attempting to violate any covenants,
condition or restriction herein contained. Such judicial proceeding may be for the
purpose of removing a violation, restraining a future violation, or for such other and
further relief as may be available. In the event it becomes necessary for the County to
commence an action to enforce this Declaration, the court shall award to the party that
substantially prevails in such litigation all costs and reasonable attorneys' fees.
5. Binding Effect. The covenants, conditions and restrictions herein contained
shall run with the land during the term of this Declaration and shall be binding upon the
Declarant and inure to the benefit of the County, and their respective heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, the Declarant has executed this Declaration this (p"N'
day of February, 2006.
. Gt.
SONJA RAaL2../
E f/k/a SONJA ROSE
STONESTREET, a/k/a SONJA ROSE
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this tP da of
y
February, 2006, by SONJA CRAIGHEAD, f/k/a SONJA ROSE STONESTREET, f/k/a
SONJA ROSE.
Witness my hand and official seal.
My Expires: ) i-q"offPQ
v�''''''
Commission o;
= RARECDR •}�i
/ELI //�� � '�'•• :'8
Notary Public
2
RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, the undersigned, SONJA CRAIGHEAD, f/k/a SONJA ROSE
STONESTREET, f/ka/ SONJA ROSE ("the Declarant") is the owner of the real property
legally described as Lot B Recorded Exemption RE-4258 ("Lot B").
WHEREAS, Lot A of Recorded Exemption RE-4258 has been divided into nine
(9) lots to be known as Waterford Hill PUD ("the Subdivision").
NOW, THEREFORE, the Declarant hereby publishes and declares that Lot B shall
be held, sold, conveyed, transferred, leased, subleased and occupied subject to the
following covenants, conditions and restrictions which shall run with the land and shall
be binding upon and inure to the benefit of the Declarant, and all parties having any right,
title or interest in or to Lot B, the Subdivision, or any portion thereof, their respective
heirs, personal representatives, successors and assigns:
1. Stormwater Runoff. The Declarant hereby consents and agrees to the
discharge of stormwater runoff from the Subdivision onto Lot B in the same quantity, at
the same quality, and at the same rate of flow as historically has been discharged from the
real property upon which the Subdivision is located onto Lot B.
3. Enforcement. The terms, covenants, conditions and provisions contained in
this Declaration may be enforced by the Waterford Hill Homeowners Association
("HOA") by appropriate proceeding at law or in equity against those persons or entities
violating or attempting to violate any covenants, condition or restriction herein contained.
Such judicial proceeding may be for the purpose of removing a violation, restraining a
future violation, or for such other and further relief as may be available. In the event of
any litigation arising out of this Restrictive Covenant, the court shall award to the party
that substantially prevails in such litigation all costs and reasonable attorneys' fees.
3. Binding Effect. The covenants, conditions and restrictions herein contained
shall run with the land in perpetuity and shall be binding upon the Declarant and inure to
the benefit of the HOA, and their respective heirs, personal representatives, successors
and assigns.
IN WITNESS WHEREOF, the Declarant has executed this Declaration this 'pit
day of February, 2006.
�. � .
SONJA RAI A , f/k/a SONJA ROSE
STONESTREET, a/k/a SONJA ROSE
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 10µ' day of
February, 2006, by SONJA CRAIGHEAD, f/k/a SONJA ROSE STONESTREET, f/k/a
SONJA ROSE.
Witness my hand and official seal.
l.
My Commission Expires: 11 ' 1 'O Y1
I _ ' P
��_!. ♦ �• _ - /1 ? BARBARAK .0•.
No .ry Public q'•..• : 8:`
P
•...OF Co�oP:
2
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made and entered into this (p 41 day of February,
2006, by and between SONJA CRAIGHEAD, f/k/a SONJA ROSE STONESTREET, f/k/a
SONJA ROSE, whose address is 5429 East County Road 58, Fort Collins, CO 80524 ("the
Grantor"), and THE NORTH POUDRE IRRIGATION COMPANY, whose address is 3729
Cleveland Avenue, Wellington, CO 80549 ("the Grantee").
For good and valuable consideration, the receipt and adequacy of which are confessed
and acknowledged, the Grantor has granted, bargained, sold, and conveyed, and by these
presents does hereby grant, bargain, sell, convey, and confirm unto the Grantee, the Grantee's
successors and assigns, forever, a nonexclusive, perpetual easement over, across, and upon Tract
B, Wasterford Hills PUD, according to the recorded plat thereof, County of Weld, State of
Colorado (the "Easement Premises").
The Grantee shall have the right, but not the obligation, to construct, install, maintain,
repair, pave, and otherwise improve a road over, across, and upon the Easement Premises.
The Grantee shall also have the right, but not the obligation, to maintain, repair and
improve an irrigation ditch/canal within the Easement Premises.
The Grantor acknowledges that in maintaining the Easement Premises, the Grantee may
control weeds and other plant materials by burning or spraying of chemicals. The Grantor, for
herself, her heirs, personal representatives and assigns, hereby releases the Grantee, its
successors and assigns, from any and all damages and losses which the Grantor, her hers,
personal representatives or assigns may suffer arising out of or as a result of any activity
performed by the Grantee to control weeds and other growing plants within the Easement
Premises including, but not limited to, damage to fences and other improvements as a result of
burning of weeds and plants, and damage to trees, shrubs and grasses as a result of chemical
spraying of weeds and other plant materials within the Easement Premises.
IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement the day and
year first above written. SIN(ca:1(2ezel
SONJJ G D Ida SONJA ROSE
STONESTREET, f/k/a SONJA ROSE
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this /q day of February,
2006, by SONJA CRAIGHEAD, f/k/a SONJA ROSE STONESTREET, f/k/a SONJA ROSE.
Witness my hand and official seal. ay.a�
My commission expires: :•
_j BARBARAK.
i REEB
Nota'ty Public °•.....
FARM LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into, effective as of the <3/—
day of December, 2005 ("the Effective Date"), by and between SONJA CRAIGHEAD,
whose address for purposes of this Agreement is 5429 E. County Road 58, Fort Collins,
CO 80524 ("the Landlord"), and GARY BOXBERGER, whose address for purposes of
this Agreement is
("the Tenant").
WITNESSETH:
WHEREAS, the Landlord is the owner of that certain 100 (+ or -) acre hay farm
located in the County of Weld, State of Colorado, commonly known as 6691 Weld
County Road 86, Fort Collins, CO 80524 ("the Property").
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties hereto agree as follows:
1. Lease of the Property. The Landlord does hereby lease, demise, and let
unto the Tenant and the Tenant does hereby hire and take from the Landlord the Property
r— on the terms and conditions herein set forth.
2. Term. The initial term of this Lease shall be for a period of one year,
commencing on February 1, 2006 and ending on October 31, 2006. The term of this
Lease shall automatically renew from year-to-year thereafter unless one party gives
notice to the other of the termination of this Lease not less than sixty (60) days prior to
the end of any lease year.
3. Taxes. The Landlord shall pay, before delinquent, all general property
taxes and assessments against the Property. The Tenant shall pay, before delinquent, all
personal property taxes assessed against the equipment, supplies, and other assets used by
the Tenant in farming the Property.
4. Use of Premises.
(a) Use. The Property shall be used for farming and for no other
purposes without the prior, written consent of the Landlord. No cattle
grazing shall be permitted on the Property.
(b) Hazard. The Tenant shall not permit the Property to be used for any
purpose which would render the insurance thereon void or make the
insurance risk more hazardous.
(c) Laws and Ordinances. The violation of any federal, state, county,
municipal, special district, or other governmental or quasi-
governmental statute, law, code, resolution, ordinance, rule,
regulation, condition, restriction, or limitation (including, by example
and not limitation, any criminal code, land use code, zoning
ordinance, or public nuisance law) by the Tenant, any employee,
agent, guest, invitee, or any other person entering upon the Property
with the permission of the Tenant shall constitute a violation of this
Lease.
5. Costs, Maintenance and Repair.
a) Landlord shall be solely responsible for water assessments and water
rental fees.
b) Landlord and Tenant will equally split on a 50% x 50% basis, the
expense of fertilizing the Property one time during the term of this
Lease. Both parties agree to only fertilize the 70 acre portion of the
Property that is not currently under contract to close on October 31,
2006. Tenant will be responsible for all coordinating of custom
fertilizing, and keep the Landlord in current information on such.
Landlord and Tenant will both immediately equally split the expense
of such action and will not cause the other party to incur any late fees
or interest charges caused by the entire fertilization bill not being paid
when due.
c) Tenant will, at his sole expense and labor, either disc, harrow, or
aerate the entire 100 acres of the Property before the growing season
begins.
d) Tenant will contact the North Poudre Irrigation Company in
Wellington, Colorado, to obtain updated scheduling of their running
of the Cactus Hill Lateral Ditch. The scheduling of the running of
water in the Cactus Hill Lateral Ditch is usually only two to three
times per summer and the dates change as the summer progresses. It
is therefore important and imperative for the Tenant to remain in
touch with the North Poudre office throughout the summer for these
changes in dates. Tenant is solely responsible for ordering and
receiving all water from the Cactus Hill Lateral Ditch and North
Poudre Irrigation Company. Tenant agrees to use the entire amount
of water that the Landlord owns and rents on the Property and not
allow water to either run down the ditch or be diverted to any other
property. In the past, the North Poudre office has graciously allowed
2
the Property to catch the early water that sweeps the Cactus Hill
Lateral Ditch to begin the irrigation season. Tenant agrees to use this
free water if North Poudre Irrigation Company again offers it for
irrigation of the Property.
e) Landlord agrees to pay for all parts needed to keep the Reinke 7 arm
pivot sprinkler in good working condition.
f) Tenant agrees to provide all labor to keep the Reinke 7 arm pivot
sprinkler in good working condition.
g) Both Tenant and Landlord agree to equally, in a timely manner, split
all electric bills for usage of the Reinke 7 arm pivot sprinkler.
PVREA charges a monthly fee for usage from early spring through
the fall season. Landlord will pay PVREA for the entire bill each
month, and then provide Tenant with a copy of each bill. Upon
receiving the copy of each PVREA bill, Tenant will immediately
reimburse Landlord for one-half (1/2) of the amount of each of the
PVREA sprinkler bills each month. It is noted that there is a service
charge of about $46 (+ or -) each month from spring to fall from
PVREA for the sprinkler pump, even on months it is not used, and
both parties agree to split this charge.
h) Tenant agrees to treat the Property in a preferential manner and use
good farming skills to irrigate, cut, bale, and stack hay crop. Tenant
agrees to assume all expense, labor, and responsibility for all
irrigating, cutting, baling, and stacking of hay.
i) Tenant agrees to equally, on a 50% x 50% basis, divide all hay with
Landlord. Tenant agrees to divide all hay on a quality as well as
quantity basis with Landlord. Tenant agrees to bale hay on the
Property in small bales of 60-70 #'s.
j) Tenant agrees to stack all of Landlord's portion of hay on the
southeast corner of County Road 86, where the pivot does not reach.
Tenant agrees to haul Landlord's hay to Landlord's residence at a
charge of fair market value for such delivery.
k) Landlord agrees that Tenant may store all or any portion of Tenant's
hay on the remaining area of the 70 acres where the pivot does not
reach. Tenant may store hay on the Property after the term of this
Lease expires, if Landlord and Tenant have signed a 2007 lease for
the 70 acres. Landlord agrees that Tenant may keep all necessary
3
equipment on the Property during the term of this Lease. Tenant fully
understands and agrees that any hay and/or equipment stored on
Landlord's property is stores at Tenant's full and sole risk of damage
and/or theft. If Tenant desires that any portion of his hay and/or
equipment be insured for damage or theft while stored on Landlord's
property, then Tenant is solely responsible for such insurance policy
to be kept in force.
1) Tenant is responsible to park the Reinke 7 arm sprinkler along the
Property boundary to the west at the close of the 2006 farming season.
Tenant is responsible for all draining and winterizing of the Reinke 7
arm sprinkler.
6. Defects; Defective Condition; Acts of Third Persons.
(a) Landlord's Liability. The Landlord shall not be liable to the Tenant
for any damage or injury to the Tenant or the Tenant's property
occasioned by any defect or defective condition on or about the
Property, or occasioned by the act or omission of any third party, or
from any other cause whatsoever.
(b) Waiver of Claims Against Landlord. All claims against the Landlord
for any damage or injury to the Tenant or the Tenant's property are
hereby expressly waived by the Tenant, except such damage or injury
as may be caused by the Landlord.
7. Indemnification of Landlord.
(a) Liens and Encumbrances. The Tenant shall indemnify the Landlord
and the Property and all improvements thereon against all claims,
liens, claims of lien, demands, charges, encumbrances, or litigation
arising directly or indirectly out of or by reason of any work or
activity authorized by the Tenant on the Property and shall forthwith,
within ten (10) days after the filing of any lien of record, fully pay
and satisfy the same and reimburse the Landlord for all loss, damage,
and expense, including reasonable attorney's fees, which the
Landlord may suffer or be put to by reason of any such claims, liens,
demands, charges, encumbrances, or litigation. If the Tenant desires
to contest any such claim or lien, the Tenant may do so after
satisfactorily indemnifying the Landlord against loss or expense
thereon, in which event the Landlord shall not have the right to pay
such claim or lien. In the event the Tenant shall fail to pay and fully
discharge any claim, lien, demand, charge, encumbrance, or litigation
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or should proceedings be instituted for the foreclosure of any lien or
encumbrance, the Landlord shall have the right, at the Landlord's
option, at any time after the expiration of the ten-day period, to pay
the same or any portion thereof, with or without the costs and
expenses claimed by such claimant; and in making such payment, the
Landlord shall be the sole judge of the legality thereof All amounts
so paid by the Landlord shall be repaid by the Tenant to the Landlord
upon demand.
(b) Personal Injuries; Violation of Law. The Tenant shall indemnify the
Landlord and the Property against any cost, liability, or expense
arising out of any claims of any person or persons whatsoever by
reason of the use or misuse of the Property by the Tenant shall
indemnify the Landlord against any penalty, damage, or charge
incurred by reason of any violation of law or ordinance by the
Tenant, its agents, employees, guests or invitees.
8. Transfer or Pledge of Leasehold Interest by Tenant. The Tenant shall not
assign this Lease or any interest therein, sublet the Property or any part thereof,
permit any other person to occupy the Property, or encumber or hypothecate this
Lease without first obtaining the written consent of the Landlord; and any
assignment, subletting, occupancy, encumbering, or hypothe-cating of this Lease
without such prior written consent shall, at the option of the Landlord, terminate
this Lease.
9. Transfer by Landlord. In the event of a sale or conveyance by the Landlord
of the Landlord's interest in the Property other than a transfer for security
purposes only, the Landlord shall be relieved from and after the date specified in
any such notice of transfer of all obligations and liabilities accruing thereafter on
the part of the Landlord, provided that any funds in the hands of the Landlord at
the time of transfer in which the Tenant has an interest shall be delivered to the
successor of the Landlord. This Lease shall not be affected by any such sale; and
the Tenant agrees to attorn to the purchaser or assignee, provided that all the
Landlord's obligations hereunder are assumed in writing by the transferee.
10. Subordination of Lease. The Tenant shall execute any instrument
permitting a mortgage or deed of trust to be placed on the Property or any part thereof as
security for any indebtedness and subordinating this Lease to such mortgage or deed of
trust if required to do so by the secured party.
11. Landlord's Right of Access. The Landlord shall have access to the
Property, and each part thereof, during normal business hours of the Tenant for the
5
purpose of inspecting the Property and posting such notices as the Landlord may deem to
be necessary for the protection of the Landlord or the Property.
12. Surrender of Property. The Tenant shall, at the termination of this Lease,
vacate the Property and leave the Property and all improvements thereon in as good
condition as it was in at the commencement of the term of this Lease.
13. Holding Over. No holding over by the Tenant after the expiration of the
term hereof shall be considered to be a renewal or extension of this Lease unless written
approval of such holding over and a definite agreement to such effect is signed by the
Landlord defining the length of such additional term.
14. Hazardous Substances.
(a) Tenant's Covenants. The Tenant will not allow any hazardous
substance to be located on the Property and will not conduct or
authorize the use, generation, transportation, storage, treatment, or
disposal at the Property of any hazardous substances, except in
compliance with environmental laws; provided, however, that nothing
contained herein will permit the Tenant to allow any so-called
"acutely hazardous," "ultra-hazardous," "imminently hazardous
chemical substance or mixture," or comparable hazardous substance
to be located on or about the Property. If the presence, release, threat
of release, placement on the Property, or the generation,
transportation, storage, treatment, or disposal on the Property of any
hazardous substance as a result of the Tenant's use or occupancy of
the Property (1) gives rise to liability (including, but not limited to, a
response action, remedial action, or removal action) under
environmental laws; (2) causes a significant public health effect; or
(3) pollutes or threatens to pollute the environment, the Tenant will
promptly take any and all remedial and removal action necessary to
clean up the Property and mitigate exposure to liability arising from
the hazardous substance, whether or not required by law.
(b) Tenant's Indemnity. The Tenant will indemnify, defend, and hold the
Landlord harmless from and against all damages, costs, losses, and
expenses (including, without limitation, actual attorney's fees and
engineering fees) arising from or attributable to (1) the existence of
any hazardous substance at the Property as a result of the acts of the
Tenant or its agents, employees, or contractors or the Tenant's use of
the Property; or (2) any breach by the Tenant of any of the Tenant's
covenants contained in this paragraph.
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(c) Survival. The parties' obligations under this paragraph will survive
the expiration of the term or other termination of this Lease.
15. Default. If the rental reserved by this Lease or other charges to be paid
hereunder by the Tenant, or any part thereof, are not paid when due and shall remain
unpaid for a period of ten (10) days after notice thereof in writing, or if the Tenant shall
violate any other covenant, condition, or provision to be performed hereunder by the
Tenant and shall fail to commence correction of such violation within ten (10) days after
notice thereof in writing specifying the nature of such violation and continue to proceed
diligently to complete correction of such violation within a reasonable period of time
thereafter, or if the Tenant abandons the Property, or if the Tenant breaches any
obligation under this Lease to be performed by the Tenant which cannot be cured, then
and in any such event, the Tenant shall be deemed to be in default; and the Landlord,
without further notice, may, at the Landlord's option, terminate this Lease and regain
possession of the Property as permitted by applicable law.
16. Expenses of Enforcement. In the event of default in performance of any of
the terms or obligations under this Lease, the party in default expressly agrees to pay all
costs and expenses incurred in enforcing this Lease, including reasonable attorney's fees
incurred or paid by the party not in default.
17. Quiet Enjoyment. The Landlord hereby covenants and warrants that,
subject to any deeds of trust or mortgages now of record or hereafter placed of record, the
Landlord is the owner of the Property; and that the Tenant, on payment of rent as herein
provided and performance of the provisions hereof to be performed by the Tenant, shall
and may peacefully possess and enjoy the Property during the term hereof without any
interruption or disturbance.
18. Estoppel Certificate. The Tenant shall, at any time, upon not less than ten
(10) days' prior written notice from the Landlord, execute, acknowledge, and deliver to
the Landlord such statements in writing as may be requested by the Landlord (a)
certifying that this Lease is unmodified and in full force and effect (of if modified, stating
the nature of the modification and certifying that this Lease, as so modified, is in full
force and effect) and the date to which the rent and other charges are paid in advance, if
any; and (b) acknowledging that there are not, to the Tenant's knowledge, any uncured
defaults on the part of the Landlord hereunder or specifying such defaults, if any are
claimed.
19. Waiver of Breach. No waiver of any breach or breaches of any provision of
this Lease shall be constituted to be a waiver of preceding or succeeding breaches of such
provision or any other provision hereof.
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20. Time of the Essence. Time is of the essence of each and every provision
hereof.
21. Amendments to be in Writing. This Lease may be modified or amended
only by a writing duly authorized and executed by both the Landlord and the Tenant. It
may not be amended or modified by oral agreements or understandings between the
parties unless the same shall be reduced to writing duly authorized and executed by both
the Landlord and the Tenant.
22. Notices. All notices or demands of any kind which the Landlord may be
required or may desire to serve on the Tenant under the terms of this Lease shall be in
writing and may be personally delivered to the Tenant, posted on the Property, or mailed
registered or certified mail, postage prepaid, addressed to the Tenant at the address herein
specified or at such other address or addresses as may from time to time be designated by
the Tenant in writing to the Landlord. Service shall be deemed complete at the time of
leaving of such notice as aforesaid or within three (3) days after mailing of the same. All
notices and demands from the Tenant to the Landlord shall be in writing and may be
similarly served on the Landlord at the address herein specified.
23. Representations and Warranties. The Tenant hereby expressly
acknowledges and agrees that the Tenant has not relied upon any statements,
representations, agreements, or warranties made by the Landlord or any of the Landlord's
agents or employees, except as expressly set forth herein. The Tenant has inspected the
Property and accepts the Property in its present condition. The Tenant expressly
acknowledges that the Tenant is leasing the Property AS IS, WITH ALL FAULTS,
patent and latent, without any representations or warranties by the Landlord or the
Landlord's agents. The Tenant has carefully and thoroughly made every investigation and
inquiry the Tenant deems necessary concerning all aspects of the Property which is or
may be of concern to the Tenant, including, but not limited to, the physical condition of
the Property, and all improvements thereon; the environmental condition of the Property;
the location of the boundaries; the gross and net area within the Property; the nature of
the soil thereof; utility extension and services; the easements, rights-of-way, and
encroachments, if any; access to the Property; the zoning classifications, subdivision
regulations, environmental regulations, and building code requirements applicable to the
Property; the suitability of the Property for the Tenant's intended use; compliance or
noncompliance with governmental rules and regulations, including, but not limited to,
laws relating to land use, environmental conditions, or health or safety; and all other
matters or things relating to the Property which are of concern to the Tenant. The
Landlord shall have no obligation to conduct any environmental studies or investigations
with respect to the Property, nor shall the Landlord have any obligations to furnish to the
Tenant a survey or environmental audit, of the Property. The Tenant acknowledges that
neither the Landlord nor the Landlord's agents have made any representations or
8
warranties whatsoever regarding the Property. The Tenant agrees that if the Landlord or
any of the Landlord's agents have made any representations whatsoever regarding the
Property, the Tenant shall not rely upon, directly or indirectly, any such representations.
The Tenant assumes all risk that any adverse matter, of whatever kind or nature,
including, by example and not limitation, physical and environmental conditions of the
Property, may not be revealed by the Tenant's inspection and investigation of the
Property.
24. Parties Bound. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors, and to the extent permitted by this Agreement, assigns.
25. Additional Conditions. It is understood and agreed that the upper 30 acres
of the Property are currently under contract with Developer, Marvin A. Barstow ("the
Developer"). The Developer and Landlord are scheduled to close no later than October
31, 2006 on the 30 acres. However, the Developer may choose to close on the 30 acres at
any time before October 31, 2006 as long as he gives Landlord sixty (60) days notice of
his intent to do so. Landlord agrees to immediately inform Tenant of any notice given by
the Developer to close and the date closing will take place. In the event the Developer
closes on the upper 30 acres of the Property during the fanning season, it is understood
that the Developer has the right to terminate all farming of the 30 acres for the Developer
to begin development.
IN WITNESS WHEREOF, the parties hereto have executed this Farm Lease
Agreement as of the day and year first above written.
LANDLORD:
•
SONJA C I HEAD
TENANT:
GARY B ER E
9
Draft dated December 28,2005
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT ("Agreement") is effective this day of
, 2006, by and among ANADARKO E&P COMPANY LP ("Anadarko
E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP.
("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together
the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas
77251-1330 and Sonja Craighead, an individual ("Surface Owner"), with an address of 5429
East County Road 58, Fort Collins, Colorado 80524.
A. Surface Owner owns the surface estate for approximately 110 acres of property
located in Weld County, Colorado, in the S/2SE/4 and the NE/4SE/4 of Section 31, Township
8 North, Range 67 West, which is more specifically described in the attached Exhibit 1 and
referred to hereinafter as the "Property."
B. The Anadarko Entities together own all of the oil, gas and associated liquid
hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of
oil, gas and associated liquid hydrocarbons.
C. Current Colorado Oil and Gas Conservation Commission rules and regulations
allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas
wells in four drilling windows in a quarter section, one in approximately the center of each
quarter quarter section.
D. The parties enter into this Agreement to provide for the coexistence and joint
development of the surface estate and the oil and gas estate for the Property and to delineate
the process with which they shall comply with respect to the development of the two estates.
E. This Agreement is limited to the compatible development of the surface estate
and the oil and gas estate for the Property; it does not in any respect apply to the minerals
other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the
Property which is the subject of a separate agreement between Anadarko Land and Surface
Owner.
NOW THEREFORE, in consideration of the covenants and mutual promises set forth
in this Agreement, including in the recitals, the parties agree as follows:
1. Oil and Gas Operations Area.
a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas
wells only within the one location identified on Exhibit 2, which is generally in the center
drilling window in SW/4SE/4 and which is hereinafter referred to as the "Oil and Gas
Operations Area." Operations and uses within the Oil and Gas Operations Area include. but
are not limited to, drilling, completion, and maintenance of wells and equipment, production
operations, workovers, well recompletions and deepenings, fracturing, twinning, and drilling
of replacement wells and the location of associated oil and gas production and drilling
equipment and facilities.
b. The Oil and Gas Operations Area shall include the area which is generally in
the shape of a circle with a radius of 250 feet as reflected on Exhibit 2.
c. The Anadarko Entities shall continue to have the right to drill more than one
well with attendant facilities within the Oil and Gas Operations Area and to deepen,
recomplete or twin any well that is drilled or has been drilled, as well as to drill directional
and horizontal wells that produce from and drain the Property or lands other than the
Property.
d. Surface Owner shall not plat any surface property line within the Oil and Gas
Operations Area, and no temporary or permanent building or other structure or improvement
shall be located by Surface Owner within the Oil and Gas Operations Area. The Oil and Gas
Operations Area shall be for the exclusive use of oil and gas operations and production and
for the location of oil and gas wells and associated oil field drilling and production equipment;
provided that, the Anadarko entities understand that the Oil and Gas Operations Area is
designated as open space within the subdivision.
e. The Anadarko Entities shall also have the right to locate, build, repair and
maintain tanks, separators, dehydrators, compressors and all other associated oil and gas
drilling and production equipment and facilities within the Oil and Gas Operations Area.
2. Access to the Oil and Gas Operations Area.
a. Access to the Oil and Gas Operations Area shall be at the location identified on
Exhibit 2.
b. Access may be changed by mutual agreement of Surface Owner and the
appropriate oil and gas interest owners; provided however, all costs and expenses of such
relocations shall be borne by the party which requests them.
c. No party shall unreasonably interfere with the use by the other of an access
road.
d. Surface Owner shall keep the portions of access roads jointly used by both
Surface Owner and the Anadarko Entities in good condition and repair until such roads are
dedicated to a local jurisdiction; provided, however, if one of the Anadarko Entities causes
damage to a portion of a road that is jointly used by both the Anadarko Entities and Surface
Owner and which is constructed to the specifications in section 2.e.(1), the Anadarko Entities
agree to promptly repair any damage which they cause which is a direct result of their use of
the road.
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e. Construction and Width of Access Roads.
(1) Access roads or portions of access roads that are jointly used by the
Anadarko Entities and Surface Owner shall be thirty (30) feet wide, or the width required by
the County, whichever is greater, and Surface Owner shall construct or improve all paved or
improved joint access roads so as to withstand the weight of oilfield equipment. Specifically,
Surface Owner shall construct the roads so that they can be used to withstand the weight of
104,000 pounds and 26,000 pounds per axle.
(2) Access roads or portions of access roads that are used exclusively by
the Anadarko Entities shall be generally thirty (30) feet in width, and the Anadarko Entities
shall install and maintain such roads or portions of roads to those state and local standards that
apply to oil and gas operations.
3. Pipelines, Flowlines and Pipeline Easements.
a. Flowlines and pipeline easements shall be at the locations identified on Exhibit
2.
b. Locations of pipelines, flowlines and such easements may be changed by
mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided,
however, all costs and expenses of such relocations shall be borne by the party which requests
the relocation. In the event that Surface Owner requests the relocation of a pipeline or
flowline, the applicable oil company shall provide Surface Owner with a written estimate of
the relocation costs which Surface Owner shall thereafter promptly remit to the oil company.
The payment shall be adjusted up or down upon completion of the work and after an itemized
statement is provided to Surface Owner.
c. Pipeline easements shall be fifty (50) feet in width during construction
activities and thirty (30) feet in width for all operations, maintenance and transportation
activities. Flowline easements shall be thirty (30) feet in width for all operations.
d. Pipeline and flowline easements shall be for the exclusive use of oil and gas
production operations; provided, however, the easements may be shared by the oil companies
and their lessees, assignees of lessees and successors and assigns.
e. Surface Owner shall be entitled to reserve the right to cross the pipeline
easements at approximately right angles, and Surface Owner shall also have the right to install
and maintain easements that are adjacent to, but not within, the easements identified herein,
for utility lines, including those for water, gas, sewer, electric, telephone, cable, television,
and fiber optic and other pipelines; provided, however; i) any new underground facilities
which travel along a pipeline easement identified herein shall be located a distance
horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground
facilities shall have at least twenty-four (24) inches of vertical clearance between such new
3
facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least
twenty(20) feet above the ground.
f. Surface Owner shall grant the pipeline easements (for production from the
Property and/or other lands) to the Anadarko Entities at the time the Anadarko Entities
request them and at no cost to them.
4. Plats and Local Applications. Surface Owner shall identify the Oil and Gas
Operations Area and all access routes and pipeline easements on her plats and in all
applications for development she files with a local jurisdiction, and the plats shall include
restrictions that no property line or temporary or permanent building, structure or other
improvement related to the surface development shall be located, constructed or installed
within the Oil and Gas Operations Area. Surface Owner shall record the plats in the Office of
the Clerk and Recorder of Weld County and provide written evidence to the Anadarko
Entities of the recording.
5. Waiver of Surface Damage Payments. Surface Owner hereby waives all
surface damage payments or other such payments for the use of the Property or portions
thereof pursuant to any current or future COGCC or local regulation, state statute, common
law or prior agreement for each and every well and related wellsite that is or will be drilled
and located within the Oil and Gas Operations Area and for associated oil and gas equipment
and facilities, flowlines, access and pipeline easements. The Anadarko Entities or their lessees
or their assignees may provide a copy of this Agreement to the COGCC or any local
jurisdiction, person or entity or court of law as evidence of this waiver.
6. Waiver of Setback Requirements. Surface Owner understands and
acknowledges that the COGCC has rules and regulations that apply to the distance between a
wellhead and public roads, production facilities, building units and surface property lines,
among other things. Surface Owner hereby waives all setback requirements in COGCC Rule
603, or any successor rule or amendment to the COGCC setback rules, and to any other state
or local setback requirements that are or become inconsistent with this Agreement or that
would prohibit or interfere with the rights of the Anadarko Entities to explore for and produce
the oil and gas in accordance with this Agreement. Surface Owner understands that the
Anadarko Entities may cite the waiver in this section 6 in order to obtain a location exception
or variance under COGCC rules or from a local jurisdiction.
7. Governmental Proceedings.
a. Surface Owner Will Not Obiect. Surface Owner agrees that she will not object
in any forum to the use by the Anadarko Entities of the surface of the Property consistent with
this Agreement and hereby waives any such right to object. Surface Owner further agrees that
she will provide such other written approvals and waivers which are requested by an oil
company and consistent with this Agreement, including, but not limited to, all approvals and
waivers to drill a well or to conduct oil and gas operations on the Property because of any law
or regulation, including any local ordinance and regulations of the COGCC, and including, for
4
example, waivers to state and local setback requirements and to any setback requirements
from a surface property line or for an exception location.
b. Oil Companies Will Not Object. The Anadarko Entities agree that they will
not object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat
all or any portion of the Property to extent such request is consistent with this Agreement.
8. Notices of Hearings. Surface Owner shall provide the Anadarko Entities with
written notice not less than thirty (30) days before each hearing for consideration of a plat
application or other land use application for the Property or portions of the Property to be held
before a local jurisdiction.
9. Notice to Homeowners and Builders. Surface Owner shall furnish all 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, 350 feet from the Oil and Gas Operations Area or a flowline or pipeline
easement, with a plat that shows the locations of the Oil and Gas Operations Area and the
flowlines and pipeline easements. In addition, Surface Owner shall provide written notice to
all such purchasers that includes the following:
i. they are not purchasing and will not own any rights in the oil, gas and
mineral estate in and to the Property;
ii. there may be ongoing oil and gas operations and production on the
surface of the Property within the Oil and Gas Operations Area, pipelines and flowline
easements and access routes;
iii. there are likely to be wells drilled and additional oil and gas production
facilities constructed and installed within the Oil and Gas Operations Area and
additional flowlines and pipelines constructed and maintained on the Property;
iv. heavy equipment will be used by the Anadarko Entities from time to time
for oil and gas drilling and production operations and such operations may be
conducted on a 24-hour basis; and
v. 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 Owner
in this Agreement, including, but not limited to those covenants and waivers; a)
prohibiting the location of any temporary or permanent building, structure, or other
improvement within the Oil and Gas Operation Area; b) 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; c) waiving surface damage
payments; and d) waiving objections to the setback requirements under the rules of the
COGCC or any local jurisdiction.
5
10. Notice of Oil and Gas Operations. The Anadarko Entities shall provide
Surface Owner with notice of drilling operations and subsequent well operations in
accordance with COGCC rules and regulations.
11. Impact Mitigation. Surface Owner shall bear all costs to install such noise and
visual impact mitigation measures she desires or the local jurisdiction requires at or around
the Oil and Gas Operations Area which are in excess of or in addition to those measures
which are required by COGCC regulations for areas which are not high density; provided,
however, the operator of the well within the Oil and Gas Operations Area shall have
reasonable discretion to veto or protest the types and locations of impact mitigation measures
in order to allow for safe oil and gas operations.
12. Individual Liability of Oil Companies. Nothing in this Agreement is intended
to create a cause of action by any oil company against any other oil company or to enlarge or
diminish any right or interest created by any agreement or lease or assignment of lease
between or among any oil company. Nothing in this Agreement creates any leasehold rights
or gives any mineral rights to an oil company where none exists. The liability of the Anadarko
Entities and any other oil company to perform any obligation hereunder or to comply with any
agreement included herein or with any state or local rule or regulation is individual and
several and not joint or collective. This Agreement does not create a joint venture or
partnership between or among any of the oil companies. The Anadarko entities shall in no
event be liable for the acts or omissions of their lessees or farmoutees or the assignees or
contractors or subcontractors of any of them.
13. Authority to Execute Agreement. Each party represents that he/she/it has the
full right and authority to enter into this Agreement with respect to the surface rights or the oil
and gas interests he/she/it owns in the Property, as applicable.
14. No Waiver of Rights. The Anadarko Entities do not waive the rights they have
pursuant to each of their respective oil and gas interests to explore for, drill and produce the
oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Area,
except as specifically provided in this Agreement.
15. Successors and Assigns. This Agreement and all of the covenants in it shall be
binding upon the subsequent lessees and assignees of lessees and also the personal
representatives, heirs, successors and assigns of all of the parties, and the benefits of this
Agreement shall inure to all of them. This Agreement and all of the covenants in it shall he
covenants running with the land.
16. Recording. Surface Owner shall record this Agreement with the Clerk and
Recorder of Weld County and provide evidence to the Oil Companies of the recording.
17. 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.
6
18. 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. In the event
that any part of this Agreement would otherwise be unenforceable or in conflict with
applicable laws due to the term or period for which such part is in effect, the term or period
for which such part of this Agreement shall be in effect shall be limited to the longest period
allowable which does not cause such part to be unenforceable or in conflict with applicable
laws.
19. Notices. Any notice or communication required or permitted by this
Agreement shall be given in writing either by; i) personal delivery; ii) expedited delivery
service with proof of delivery; iii) United States mail, postage prepaid, and registered or
certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which
shall be acknowledged, addressed as follows:
Anadarko E&P Anadarko E&P Company LP
and Anadarko Land: c/o Anadarko Petroleum Corporation
Attention: Land Manager—Western Division/CBM
Post Office Box 9149
Houston, Texas 77380-9149
Surface Owner: Sonya Craighead
5429 East County Road 58
Fort Collins, Colorado 80524
Any party may, by written notice as provided in this section, change the address of the
individual to which delivery of notices shall be made thereafter.
20. Incorporation by Reference. Exhibits I and 2 are incorporated into this
Agreement by this reference.
21. 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.
22. Counterpart Executions. This Agreement may be executed in counterparts,
each of which shall be deemed an original.
7
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the dates set forth in the acknowledgments, to
be effective on the date first above written.
ANADARKO E&P COMPANY LP
By:
Name:
Its:
ANADARKO LAND CORP.
By:
Name:
Its:
� nd`�I
Sonja Cray head mdi idual
8
ACKNOWLEDGMENTS
STATE OF TEXAS
) ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
2006, by , as
for ANADARKO E&P COMPANY LP.
Witness my hand and official seal.
My Commission expires:
Notary Public
r—.
STATE OF TEXAS )
ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
2006, by as
for ANADARKO LAND CORP.
Witness my hand and official seal.
My Commission expires:
Notary Public
9
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2006, by Sonja Craighead, an individual.
Witness my hand and official seal.
My Commission expires:
Notary Public
10
EXHIBIT 1
to
Surface Use Agreement
effective ,2006
between and among Anadarko E&P Company LP, Anadarko Land Corp.,
and Sonja Craighead
Legal Description
OT r
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
BEGINNING at the Southeast Corner of said Section 31; thence along the South line of
said Southeast Quarter N 90' 00' 00" W 448.00 feet; thence departing said line N 02°
11' 35" E 376.92 feet; thence 334.89 feet along a non—tangent curve, concave to the
Northwest having a radius of 1200.00 feet, o central angel of 15' 59' 23", and a
long—chord which bears N 42' 52' 14" E 333.80 feet; thence with a line non—tangent
to said curve N 90' 00' 00" E 230.27 feet to the East line of the Southeast Quarter
of said Section 31; thence along said line S 02' 11' 35" W 621.74 feet to the POINT
OF BEGINNING, containing 5.7186 acres, more or less. Said tract being subject to a
30 foot wide county road right—of—way on the most Easterly and Southerly lines and
any easements, rights—of—way, or restrictions now in use or on record.
LOT 2
A tract of land situate in the Southeast Quarter of Section 31, Township 8'North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" 'N and with all bearings contained herein relative thereto.
COMMENCING at the Southeast Corner of said Section 31; thence along the South line
of said Southeast Quarter N 90° 00' 00" W 448.00 feet to the TRUE POINT OF
BEGINNING; thence continuing along said line N 90' 00' 00" W 2047.98 feet to the
South Quarter Corner of said Section 31; thence deporting said line and along the
North—South Centerline of said Section 31 N 01' 31' 44" E 1322.12 feet to the
Center—South Sixteenth Corner; thence S 89' 52' 53" E 1255.56 feet to the Southeast
Sixteenth Corner; thence N 01' 51' 37" E 1319.75 feet to the Center—East Sixteenth
Corner; thence along the East—West Centerline of said Section 31 5 89' 45' 51" E
616.45 feet to the Southerly line of that tract of land conveyed in Book 1143, Page
388, at Reception No. 945957; thence along said Southerly line the following six
courses: S 45' 06' 25" E 300.46 feet, S 55' 29' 25" E 123.60 feet, S 65' 33' 25" E
85.30 feet, 5 73' 07' 25" E 48.80 feet, N 88' 40' 35" E 78.70 feet, and 5 79" 05'
25" E 117.70 feet to the East line of the Southeast Quarter of said Section 31;
thence departing said Southerly line and along said East line S 02' 11' 35" W 1663.49
feet; thence departing said East line S 90' 00' 00" W 230.27 feet;"thence 334.89 feet
along a non—tangent curve, concave to the Northwest having a radius of 1200.00 feet,
o central angle of 15' 59' 23", and a long—chord which bears S 42' 52' 14" W 333.80
feet; thence with a line non—tangent to said curve S 02° 11' 35" W 376.92 feet to the
POINT OF BEGINNING, containing 104.6817 acres, more or less. Said tract being
subject to a 30 foot wide county road right—of—way on the most Easterly and
Southerly lines and any easements, rights—of—way, or restrictions now in use or on
record.
11
EXHIBIT 2
to
Surface Use Agreement
effective ,2006
between and among Anadarko E&P Company LP, Anadarko Land Corp.,
and Sonja Craighead
Oil and Gas Operations Area
EXHIBIT
orPaoaoSxn OrliataittowsAR
a1.Ma SW Or manly" T B'IN,'IR 67
s '.
SW-*:Or Tai'sot
,3
SECTION 01,.TS'ii:W 57 W
NLLL
--il IF--iPR�4f,N' Si'4fL5a
WELD COUNTY ROAD 66
DATE:07-25-05
TITLE:EXHIBIT ' SCALE:1"=30CE
BOOK:N/A DRAWN:RJL
CLIENT:BARSTOW PROJECT:05-2416
1// RJL SURVEYS - >\
FORT COLLINS, COLORADO 113 CAMERON DRIVE, SUITS `/�—/
e052s
.(470)225-4097
12
EXHIBIT 3
to
Agreement Concerning Certain Mineral Rights
effective ,2006
between Anadarko Land Corp. and Sonja Craighead
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is effective this day of
2006, by and between ANADARKO LAND CORP., formerly known as Union
Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of Post
Office Box 1330, Houston, Texas 77251-1330 and Sonja Craighead, an individual ("Surface
Owner"), with an address of 5429 East County Road 58, Fort Collins, Colorado 80524.
Iio.y
A. Surface Owner owns the surface estate for property located in Weld County,
Colorado, described as approximately t9Qacres in the S/2SE/4 and the NE/4SE/4 of Section 31,
Township 8 North, Range 67 West, which Surface Owner proposes to develop and which is
more specifically described in the attached Exhibit A and referred to hereinafter as the
"Property."
B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid
hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and
associated liquid hydrocarbons for the Property.
.-� C. The mineral resources exclusive of oil, gas and associated liquid hydrocarbons are
hereinafter referred to as the"Minerals."
D. Anadarko Land and Surface Owner have entered into an agreement that provides
for the sale by Anadarko Land to Surface Owner of certain surface rights associated with the
Minerals that is entitled "Agreement Concerning Certain Mineral Rights" ("Agreement").
E. The oil, gas and associated liquid hydrocarbons that underlie the Property are not
the subject of the Agreement; however, they are the subject of a surface use agreement among
Anadarko Land, Anadarko E&P Company LP (an affiliate of Anadarko Land) and Surface
Owner.
F. The parties desire, through the execution and recording of this Memorandum, to
reaffirm and give notice of the Agreement and the rights and interests created in the Agreement.
NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in
the Agreement and this Memorandum of Agreement, including in the recitals, the parties agree
as follows:
1 . Anadarko Land has granted to Surface Owner the right to purchase a
relinquishment document for the surface rights for the Minerals under the terms, provisions and
1
conditions set forth in the Agreement.
r
2. This Memorandum is not a complete summary of the Agreement and shall not be
used in interpreting the provisions of the Agreement, nor in any way or manner does it amend,
modify or affect the terms, provisions, conditions and exceptions of the Agreement, and the
Agreement shall govern and control in all respects, the duties, obligations, covenants, warranties
and agreements of the parties.
3. Exhibit A is incorporated into this Memorandum by this reference.
4. This Memorandum shall be recorded in the Office of the Clerk and Recorder of
Weld County.
5. This Memorandum may be executed in counterparts, each of which shall be
deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates
set forth in the acknowledgements, to be effective on the date first above written.
ANADARKO LAND CORP.
•
4-71/./e{ , lzra ei z By:
Sonja Crafghea , and idual Name:
Its:
2
ACKNOWLEDGMENTS
STATE OF TEXAS )
) ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
2006, by as for ANADARKO LAND
CORP.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2006, by Sonja Craighead, an individual.
Witness my hand and official seal.
My Commission expires:
Notary Public
3
EXHIBIT A
to
Memorandum of Agreement
effective , 2006
between Anadarko Land Corp. and Sonja Craighead
Legal Description
LOT1:
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
BEGINNING at the Southeast Corner of said Section 31; thence along the South line of
said Southeast Quarter N 90' 00' 00" W 448.00 feet; thence departing said line N 02°
11' 35" E 376.92 feet; thence 334.89 feet along a non—tangent curve, concave to the
Northwest having a radius of 1200.00 feet, a central angel of 15' 59' 23", and a
long—chord which bears N 42° 52' 14" E 333.80 feet; thence with a line non—tangent
to said curve N 90° 00' 00" E 230.27 feet to the East line of the Southeast Quarter
of said Section 31; thence along said line S 02° 11' 35" W 621.74 feet to the POINT
OF BEGINNING, containing 5.7186 acres, more or less. Said tract being subject to a
30 foot wide county road right—of—way on the most Easterly and Southerly lines and
any easements, rights—of—way, or restrictions now in use or on record.
LOT 2:
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
COMMENCING at the Southeast Corner of said Section 31; thence along the South line
of said Southeast Quarter N 90° 00' 00" W 448.00 feet to the TRUE POINT OF
BEGINNING; thence continuing along said line N 90' 00' 00" W 2047.98 feet to the
South Quarter Corner of said Section 31; thence departing said line and along the
North—South Centerline of said Section 31 N OF 31' 44" E 1322.12 feet to the
Center—South Sixteenth Corner; thence S 89° 52' 53" E 1255.56 feet to the Southeast
Sixteenth Corner; thence N 01' 51' 37" E 1319.75 feet to the Center—East Sixteenth
Corner; thence along the East—West Centerline of said Section 31 S 89° 45' 51" E
616.45 feet to the Southerly line of that tract of land conveyed in Book 1143. Page
388, at Reception No. 945957; thence along said Southerly line the following six
courses: S 45' 06' 25" E 300.46 feet, S 55' 29' 25" E 123.60 feet, S 65' 33' 25" E
85.30 feet, S 73' 07' 25" E 48.80 feet, N 88' 40' 35" E 78.70 feet, and S 7W 05'
25" E 117.70 feet to the East line of the Southeast Quarter of said Section 31;
thence departing said Southerly line and along said East line S 02' 11' 35" W 1663.49
feet; thence departing said East line S 90' OD' 00" W 230.27 feet;"thence 334.89 feet
along a non—tangent curve, concave to the Northwest having a radius of 1200.00 feet,
a central angle of 15' 59' 23", and a long—chord which bears S 42' 52' 14" W 333,80
feet; thence with a line non—tangent to said curve S 02° 11' 35" W 376.92 feet to the
POINT OF BEGINNING, containing 104.6817 acres, more or less. Said tract being
subject to a 30 foot wide county road right—of—way on the most Easterly and
Southerly lines and any easements, rights—of—way, or restrictions now in use or on
record.
EXHIBIT 2
to
Agreement Concerning Certain Mineral Rights
effective ,2006
between Anadarko Land Corp. and Sonja Craighead
RELINQUISHMENT AND QUITCLAIM
THIS RELINQUISHMENT AND QUITCLAIM is effective this day of
, 2006, by and between ANADARKO LAND CORP., formerly known as Union Pacific
Land Resources Corporation, with an address of Post Office Box 1330, Houston, Texas 77251-
1330 (hereinafter "Anadarko Land"), and Sonja Craighead, an individual, with an address of
5429 East County Road 58, Fort Collins, Colorado 80524 (hereinafter "GRANTEE").
WITNESSETH:
RECITALS
1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that
are described on attached Exhibit A and are hereinafter referred to as the "Subject
Lands."
2. By deed dated March 29, 1906 recorded on April 9, 1906 in the Office of the Clerk and
Recorder of Weld County in Book 233, Page 24, Union Pacific Railroad Company
conveyed to Burton S. Sanborn certain real estate in Weld County, Colorado, a portion of
which are the Subject Lands. Said deed was made subject to the reservation by the
grantor of, among other things, "(a)11 coal and other minerals within or underlying said
lands."
3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the
Clerk and Recorder of Weld County in Book 644, Reception No. 1565712, Union Pacific
Railroad Company quitclaimed to Union Pacific Land Resources Corporation. all of its
right, title, and interest in and to certain real estate in Weld County, Colorado, a portion
of which was the Subject Lands.
4. This Relinquishment and Quitclaim relates to surface entry only for the minerals excusive
of oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the Subject
Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are
hereinafter referred to as the "Minerals."
RELINQUISHMENT AND QUITCLAIM
NOW THEREFORE, Anadarko Land, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is
hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these
presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, her grantees,
successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface
of the Subject Lands to explore for and remove the Minerals by virtue of the reservation
contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right
to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to
leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that
deed, it being expressly understood that Anadarko Land's title to the Minerals shall be in no way
affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land
shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by
means of operations conducted on the surface of other lands or otherwise by any means or
methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without
entering upon or using the surface of the Subject Lands, and in such manner as not to damage the
surface of the Subject Lands or to interfere with the use thereof by GRANTEE, her grantees,
successors and assigns.
This Relinquishment and Quitclaim is made subject to the specific understanding that all
of the terms, conditions, provisions and reservations contained in the deed dated March 29, 1906
referenced in Recital 2 and not heretofore relinquished shall continue in full force and effect with
respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and
it is further specifically understood that all the terms, conditions, provisions and reservations
contained in that deed and not relinquished hereunder shall continue in full force and effect with
respect to the Subject Lands.
IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and
Quitclaim on the date set forth in the acknowledgment, to be effective on the date first written
above.
ANADARKO LAND CORP.
By:
Name:
Its:
2
STATE OF TEXAS )
) ss.
COUNTY OF MONTGOMERY )
The foregoing instrument was acknowledged before me this day of
2006, by , as for ANADARKO LAND
CORP.
My Commission expires:
Witness my hand and official seal.
Notary Public
3
EXHIBIT A
�.. to
Relinquishment and Quitclaim
effective , 2006
between Anadarko Land Corp. and Sonja Craighead
Legal Description
LOT 1:
A tract of land situate in the Southeast Quorter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
BEGINNING at the Southeast Corner of said Section 31; thence along the South line of
said Southeast Quarter N 90' 00' 00" W 448.00 feet; thence departing said line N 02'
11' 35" E 376.92 feet; thence 334.89 feet along a non—tangent curve, concave to the
Northwest having a radius of 1200.00 feet, a central angel of 15' 59' 23", and a
long—chord which bears N 42° 52' 14" E 333.80 feet; thence with a line non—tangent
to said curve N 90° 00' 00" E 230.27 feet to the East line Of the Southeast Quarter
of said Section 31; thence along said line S 02' 11' 35" W 621.74 feet to the POINT
OF BEGINNING, containing 5.7186 acres, more or less. Said tract being subject to a
30 foot wide county rood right—of—way on the most Easterly and Southerly lines and
any easements, rights-of—way, or restrictions now in use or on record.
LOT 2:
A tract of land situate in the Southeast Quorter of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90' 00' 00" W and with all bearings contained herein relative thereto.
COMMENCING at the Southeast Corner of said Section 31; thence olong the South line
of said Southeast Quarter N 90' 00' 00" W 448.00 feet to the TRUE POINT OF
BEGINNING; thence continuing along said line N 90' 00' 00" W 2047.98 feet to the
South Quarter Corner of said Section 31; thence departing said line and along the
North—South Centerline of said Section 31 N 01' 31' 44" E 1322.12 feet to the
Center—South Sixteenth Corner; thence S 89' 52' 53" E 1255.56 feet to the Southeast
Sixteenth Corner; thence N 01' 51' 37" E 1319.75 feet to the Center—East Sixteenth
Corner; thence along the East—West Centerline of said Section 31 S 89' 45' 51" E
616.45 feet to the Southerly line of that tract of land conveyed in Book 1143, Page
388, at Reception No. 945957; thence along said Southerly line the following six
courses: S 45' 06' 25" E 300.46 feet, S 55' 29' 25" E 123.60 feet, S 65' 33' 25" E
85.30 feet, S 73' 07' 25" E 48.80 feet, N 86' 40' 35" E 78.70 feet, and S 79° 05'
25" E 117.70 feet to the East line of the Southeast Quarter of said Section 31;
thence departing said Southerly line and along said Eost line S 02' 11' 35" W 1663.49
feet; thence departing said East line S 90' 00' 00" W 230.27 feet;'thence 334.89 feet
along o non—tangent curve, concave to the Northwest having a radius of 1200.00 feet,
a central angle of 15' 59' 23", and a long—chord which bears S 42' 52' 14" W 333.80
feet; thence with a line non—tangent to said curve S 02' 11' 35" W 376.92 feet to the
POINT OF BEGINNING, containing 104.6817 acres, more or less. Said tract being
subject to a 30 foot wide county road right—of—way on the most Easterly and
Southerly lines and any easements, rights—of—way, or restrictions now in use or on
record.
Exhibit J is oversized
Final Landscape Plan
Please see original in
File
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