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Home My WebLink About20061319.tiff 3$tY op °" Broomfield Urban Renewal Authority oi+•'c 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 The Farmer's Reservoir and Irrigation Company, (Owner as to Tract I) a Colorado corporation 80 South 27th Avenue Brighton, CO 80601 Colorado Department of Transportation (Owner as to Tracts II, III and IV) 4021 Arkansas Avenue Denver, CO 80222 Huron and I-25 Land, LLC (Owner as to Tract IV) 165 S. Union Blvd, Suite 510 Lakewood, CO 80228 EnCana Oil &Gas, Inc.(USA) (Lessee of Tracts I, II, III and IV) 370 17th St., Suite 1700 Denver, CO 80202 Encana Energy Resources, Inc. (Lessee of Tracts I, II, III and IV) 370 17th Street, Suite 1700 Denver, CO 80202 RE: Broomfield Urban Renewal Authority- Acquisition of Wellbores, Surface Facilities and Surface Access Rights Interests to be Acquired Wellbores for the Kats B Unit 2 and related surface and subsurface equipment associated therewith located in the NE 1/4 of Section 34, Township! 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. CpAnukit(C( WY\5 2006-1319 Gs I i 7,004 Notice of Intent to Acquire And Final Offer April28, 2006 Page 2 Dear Sirs: The Broomfield Urban Renewal Authority (the "Authority") is proposing to construct a redevelopment project in the Northeast Quarter of Section 34 in Broomfield, County, Colorado (the "Project"). The Authority proposes to begin construction of this Project during the spring of 2006. 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. 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 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 213 2006 Page 3 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 to you the sum of $519,300.00 as total payment for all the property rights, wellbore and equipment described herein. This offer encompasses the estimated value associated with the referenced property rights (leasehold, 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 offer please contact me on or before May 1 8 2006. 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 L By: Charles Oz i 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) 'i Eminent Domain 5ta 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 (1) 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 construed as in any way limiting the obligation of the condemning 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 (1) 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 condenming authority, prior to proceeding to trial on the issue of valuation, shall furnish all owners of record a written final offer. C 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 Northeast 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 Northeast, 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 wellbore for: the Kats B Unit 2 Well, located in the Northeast 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 Wellbore or by lessees or royalty owners. NE 1/4- NIVENS Northlands Colorado, LLC c/o Alberta Development Partners 5460 S. Quebec St. Suite 100 Greenwood Village, CO 80111 Exco Resources, Inc. a Texas Corporation 6500 Greenville Avenue, Suite 600 Dallas, TX 75206 FirsTier Bank Denver Tech Center 7877 East Belleview Avenue, Suite 120 Greenwood Village, CO 80111 The Elizabeth N. Doores Trust 1373 North Cherry Street Galesburg, IL 61401 Margret L. Niven and Grant V. Niven, Co-Trustees of the Margret L. Niven Revocable Trust 215 S.W. Yorkshire Road Topeka, KS 66606 Grant V. Niven and Margret L. Niven, Co-Trustees of the Grant V. Niven Revocable Trust 215 S.W. Yorkshire Road Topeka, KS 66606 William E. Johnson, Trustee of the Elda Mae Johnson Revocable Living Trust 2805 Brockett Avenue Yakima, WA 98902 Elda Mae Johnson, Individually 2805 Brockett Avenue Yakima, WA 98902 Elda Mae Johnson Personal Representative of the Estate of George E. Johnson 2805 Brackett Avenue Yakima, WA 98902 Amoco Production Company nka BP America Production Company 4101 Winfield Road Warrenville, IL 60555 Vessels Oil & Gas Company 821 17" Street, Suite 500 Denver, CO 80202 Colorado Gas Development Ltd. Address Unknown Endowment Energy Partners, LP Address Unknown Montana Gas Investments, Inc. 82 Devonshire St., R22C Boston, MA 02109 MW Petroleum Corporation Address Unknown Kerr-McGee Rocky Mountain Corporation Kerr-McGee Ctr(MT-2404) Oklahoma City, OK 73102 Vessels Gas Processing, Inc. Aka Vessels Hydrocarbons, Inc. John F. Meek 1775 Sherman St., Suite 1800 Denver, CO 80203 MW Corporation a Delaware Corporation 200 E. Randolf Drive Chicago, IL 60601 Basin Exploration, Inc. c/o Howard L. Boigon, Esq. 1670 Broadway, Suite 2800 Denver, CO 80202 JP Morgan Chase Bank, N.A. 1111 Fannin Street, 10th Floor Houston, TX 77002 Hello