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Home My WebLink About20021545.tiff '-ga• Afr a I DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 8 631 COLORADO March 5, 2002 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: CZ-553 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 7, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Dennis Neal (Mill Creek PUD) FOR: Change of Zone from Agricultural to PUD for 9 residential lots and one agricultural lot with a conservation easement. LEGAL DESCRIPTION: Lot B RE-2835; being part SW4 of Section 29,T4N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 40 1/2 and West of and adjacent to WCR 3. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Sheri Lockman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. 2002-1545 r 1 .: n � SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS CZ-553 WILLIAM BROMLEY 18803 WCR 5 BERTHOUD CO 80513 LAURIE BUFFINGTON 1605 WCR 40 '/z BERTHOUG CO 80513 HOSKINS CONSTRUCTION INC PO BOX 1165 BERTHOUD CO 80513 SAM MAC DONALD 19417 WCR 3 BERTHOUD CO 80513 ELVEN MARSHALL 18941 WCR 3 BERTHOUD CO 80513 BRIAN MARTIN 18868 WCR 3 BERTHOUD CO 89513 AUSENCIA NUNEZ 19122 WCR 3 BERTHOUD CO 80513 DENNIS PERKINS 4620 WCR 12 LOVELAND CO 80537 JEFFREY PERKINS 19203 WCR 5 BERTHOUD CO 80513 RODNEY PFEIFF 1554 WCR 40 Y2 BERTHOUD CO 80513 CLINTON ROCKWELL 19784 WCR 3 BERTHOUD CO 80513 JEFFREY ROCKWELL 19784 WCR 3 BERTHOUD CO 80513 ROCKY MOUNTAIN FUEL CO re--\ 910 15TH STREET SUITE 76 DENVER CO 80202 n TERRY ROUSH PO BOX 583 A"- MEAD CO 80542 BONNIE SCHOENSTEIN 1007 BROSS STREET LONGMONT CO 0501 ANTHONY STAIANO 1089 WCR R 40 'V2 BERTHOUD CO 80513 RME LAND CORP PO BOX 1330 HOUSTON TX 77251-1330 RME PETROLEUM COMPANY PO BOX 1330 HOUSTON TX 77251-1330 RICHARDSON OPERATING CO 1700 LINCOLN STREET SUITE 1700 DENVER CO 80203-4500 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number CZ-553 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 5th day of March, 2002. OLIO tin kAJ Donita May r AFFIDAVIT OF INTERESTE;;LLAND OWNERS Page 1 of 2 ,.-• AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 106129000052 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County As ssor was assembled within thirty days of the application's submission date. Signature 4L OR/ tag 2. Date Property_Owners Within 500 ft. of Parcel# 106129000052 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 18803 WCR 5 BROMLEY WILLIAM SR& DONA MAE 106132000067 BERTHOUD,CO 80513 1605 WELD CO RD 40 BUFFINGTON LAURIE 1/2 106129100042 BERTHOUD,CO 80513 P O BOX 1165 HOSKINS CONSTRUCTION INC 106129000054 BERTHOUD,CO 80513 MAC DONALD F SAM& DIANNE L 19417 WELD CO RD 3 TRUSTEES 106130000030 BERTHOUD,CO 80513 18941 WCR 3 MARSHALL ELVEN H&JO ANN 106131000033 BERTHOUD,CO 80513 18868 WCR 3 MARTIN BRIAN D& DOLORES B 106132000027 BERTHOUD,CO 80513 18868 WCR 3 MARTIN BRIAN D &DOLORES B 106132000039 BERTHOUD,CO 80513 r" 19122 WELD CO RD 3 NUNEZ AUSENCIO N& LUZ 0 106129000028 BERTHOUD,CO 80513 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=106129000052&Part=10f 2/28/02 AFFIDAVIT OF INTERESTELAAND OWNERS , Page 2 of 2 4620 W COUNTY RD 12 PERKINS DENNIS G & JUDITH A 106129000049 LOVELAND,CO 80537 19203 COUNTY RD 5 PERKINS JEFFREY D&JULIE D 106129000048 BERTHOUD,CO 80513 1554 WELD CO RD 40 PFEIFF RODNEY S &JOYCE M 1/2 106129000050 BERTHOUD,CO 80513 19784 COUNTY RD 3 ROCKWELL CLINTON A III 106129000037 BERTHOUD,CO 80513 19784 COUNTY RD 3 ROCKWELL CLINTON A III 106129000047 BERTHOUD,CO 80513 19784 WELD CO RD 3 ROCKWELL JEFFERY S & JESSICA A & 106130000027 BERTHOUD,CO 80513 910 15 ST SUITE 756 ROCKY MOUNTAIN FUEL CO 106130000031 DENVER,CO 80202 PO BOX 583 ROUSH TERRY L & TENA L 106129100043 MEAD,CO 80542 1007 BROSS ST SCHOENSTEIN BONNIE J& 106129000051 LONGMONT,CO 80501 1089 WELD CO RD 40 STAIANO ANTHONY C & CAROLINE F 1/2 106129000046 BERTHOUD,CO 80513 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=106129000052&Part=11... 2/28/02 �-. LISTING OF MINERAL OWNERS AND MINERAL LESSEES Subject Property: See Exhibit A Minco LLC, an oil and gas title company, states that to the best of its knowledge the list on attached Exhibit A is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado as verified through the date shown on said Exhibit A. Dated this /4 day of February, 2002. MINCO LLC By: avid J. Plasters Attorney Regis. No. 12899 Minco LLC oil and Gas Tit&Services P.O. Bor2336337 (970)352-0733 Greeley,CO 80633-0606 rjax(970)351-0867 • EXHIBIT A TO LISTING OF MINERAL OWNERS AND MINERAL LESSEES (Neal) Subject Property: Township 4 North, Range 68 West, 6th P.M. Section 29: Lot B of Recorded Exemption Nbr. 1061-29-3- RE2835, being a part of the SW% Certification Date: February 4, 2002 Mineral Owners Mineral Leasehold Owners: RME Land Corp. Richardson Operating Co. P.O. Box 1330 1700 Lincoln St., Ste. 1700 Houston, TX 77251-1330 Denver, CO 80203-4500 RME Petroleum Company P.O. Box 1330 Houston, TX 77251-1330 Minco LLC oil"andgas'itkServices P.O. Bax2336337 (970)352-0733 Cgreeky, CO 80633-0606 Fax(970)351-0867 Dennis W. Neal 12373 Niwot Road Longmont, Colorado 80504 March 27, 2002 Ms. Sheri Lockman,Planner Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 RE: Mineral Notification for CZ-553 Dear Ms. Lockman: Enclosed find the various forms mailed to comply with the Mineral Owner and Mineral Lessees Notification requirements of 24-65.5-103 (1) C.R.S. Sinc rely, Dennis W. Neal n r'` NOTICE TO LOCAL GOVERNMENT PURSUANT TO 24-65.5-103 (1) C.R.S. YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING MINERAL ESTATE OWNERS SHOWN ON THE WELD COUNTY RECORDS AS OF FEBRUARY 4, 2002 WERE NOTIFIED NOT LESS THAN 30 DAYS BEFORE THE INITIAL PUBLIC HEARING ON THE APPLICATION FOR CHANGE OF ZONE FROM AGRICULTURE (A) TO PLANNED UNIT DEVELOPMENT (PUD)FOR NINE (9) RESIDENTIAL LOTS AND ONE AGRICULTURAL LOT WITH A CONSERVATION EASEMENT (CASE NUMBER: COZ 553) FILED BY DENNIS NEAL. NAME AND ADDRESS RME Land Corporation P.O. Box 1330 Houston, Texas 77251-1330 RME Petroleum Company P.O. Box 1330 Houston, Texas 77251-1330 Richardson Operating Company 1700 Lincoln Street, Suite 1700 Denver, Colorado 80203-4500 APPLICANT'S NAME AND ADDRESS Dennis W. Neal 12373 Niwot Road Longmont, Colorado 80504 3rd g-CR Dennis W. Neal date CERTIFICATION TO LOCAL GOVERNMENT I, Dennis W.Neal, as APPLICANT to the COUNTY of WELD for: REQUEST FOR A CHANGE OF ZONE FROM AGRICULTURE (A) TO PLANNED UNIT DEVELOPMENT (PUD) FOR NINE (9)RESIDENTIAL LOTS AND ONE AGRICULTURAL LOT WITH A CONSERVATION EASEMENT (CASE NUMBER: CZ-553). Hereby certify that the notice required by 24-65.5-103 (1) C.R.S. was provided to the mineral estate owners shown on the Weld County Records which were available to the Applicant as of February 4, 2002. The Notice was deposited in the US Mail, first class postage prepaid on March 27, 2002. Applicant: Dennis W. Neal Address: 12373 Niwot Road Longmont, Colorado 80504 STATE OF COLORADO) ss: COUNTY OF WELD) The foregoing instrument was acknowledged before me this 11 day of merry) , 2002 by ¶eft n 15 W Nita' . WITNESS my hand and official seal as NOTARY PUBLIC Mani My Commission Expires: My Commission Fxpirnc 0 it l/2110R b\fc 1707 N. Main Street Longmont, CO 80501 n CERTIFICATION TO LOCAL GOVERNMENT I,Dennis W.Neal, as APPLICANT to the COUNTY of WELD for: REQUEST FOR A CHANGE OF ZONE FROM AGRICULTURE (A) TO PLANNED UNIT DEVELOPMENT(PUD)FOR NINE (9)RESIDENTIAL LOTS AND ONE AGRICULTURAL LOT WITH A CONSERVATION EASEMENT(CASE NUMBER: CZ-553). Hereby certify that the notice required by 24-65.5-103 (1) C.R.S. was provided to the mineral estate owners shown on the Weld County Records which were available to the Applicant as of February 4, 2002. The Notice was deposited in the US Mail, first class postage prepaid on March 27, 2002. Applicant: Dennis W.Neal Address: 12373 Niwot Road Longmont, Colorado 80504 /JAL__ STATE OF COLORADO) ss: COUNTY OF WELD) The foregoing instrument was acknowledged before me this 211 day of imarcn 2002 by Dennis W. Nra WITNESS my hand and official real as NOTARY PUBLIC My Commission Expires: _My rammissinn Frpines O3/11/2006 NGtaM R1j91 IC' 1707 N. Main Street - Longmont, CO 80501 L' r^ n NOTICE TO LOCAL GOVERNMENT PURSUANT TO 24-65.5-103 (1)C.R.S. YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING MINERAL ESTATE OWNERS SHOWN ON THE WELD COUNTY RECORDS AS OF FEBRUARY 4, 2002 WERE NOTIFIED NOT LESS THAN 30 DAYS BEFORE THE INITIAL PUBLIC HEARING ON THE APPLICATION FOR CHANGE OF ZONE FROM AGRICULTURE (A) TO PLANNED UNIT DEVELOPMENT(PUD)FOR NINE (9)RESIDENTIAL LOTS AND ONE AGRICULTURAL LOT WITH A CONSERVATION EASEMENT (CASE NUMBER: COZ 553) FILED BY DENNIS NEAL. NAME AND ADDRESS RME Land Corporation P.O. Box 1330 Houston, Texas 77251-1330 RME Petroleum Company P.O. Box 1330 Houston, Texas 77251-1330 n Richardson Operating Company 1700 Lincoln Street, Suite 1700 Denver, Colorado 80203-4500 APPLICANT'S NAME AND ADDRESS Dennis W. Neal 12373 Niwot Road Longmont, Colorado 80504 �-2g-off Dennis W. Neal date r E.. eTh Dennis W. Neal 12373 Niwot Road Longmont, Colorado 80504 March 27,2002 Richardson Operating Company 1700 Lincoln Street, Suite 1700 Denver, Colorado 802034500 RE: Mineral Notification Dear Sir or Madam: You as a mineral estate owner are entitled to the following notice: An initial public hearing will be held on Tuesday, May 7, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 North 17"'Avenue, Greeley, Colorado. r The nature of the hearing is a request for a Change of Zone from Agricultural(A)to Planned Unit Development (PUD) for nine(9)residential lots and one agricultural lot with a conservation easement. The Weld County Planning Department Case Number is CZ-553. The affected property is described as follows: Lot B of Recorded Exemption,RE-2835, being part of the SW4 of Section 29, T4N, R68W of the 6t°P.M., Weld County, Colorado. The name of the applicant is Dennis W. Neal. AResp tfully A0 Dennis W. Neal rter" pm Dennis W. Neal 12373 Niwot Road Longmont, Colorado 80504 March 27, 2002 RME Petroleum Company P.O. Box 1330 Houston, Texas 77251-1330 RE: Mineral Notification Dear Sir or Madam: You as a mineral estate owner are entitled to the following notice: An initial public hearing will be held on Tuesday, May 7, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 North 17th Avenue, Greeley, Colorado. r The nature of the hearing is a request for a Change of Zone from Agricultural(A)to Planned Unit Development (PUD) for nine (9)residential lots and one agricultural lot with a conservation easement. The Weld County Planning Department Case Number is CZ-553. The affected property is described as follows: Lot B of Recorded Exemption, RE-2835,being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. The name of the applicant is Dennis W.Neal. Respectfully, Dennis W. Neal Dennis W. Neal 12373 Niwot Road Longmont, Colorado 80504 March 27, 2002 RME Land Corporation P.O. Box 1330 Houston, Texas 77251-1330 RE: Mineral Notification Dear Sir or Madam: You as a mineral estate owner are entitled to the following notice: An initial public hearing will be held on Tuesday, May 7, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 North 17th Avenue, Greeley, Colorado. The nature of the hearing is a request for a Change of Zone from Agricultural(A) to Planned Unit Development (PUD)for nine(9)residential lots and one agricultural lot with a conservation easement. The Weld County Miring Department Case Number is CZ-553. The affected property is described as follows: Lot B of Recorded Exemption,RE-2835, being part of the SW4 of Section 29, T4N, R68W of the 6th P.M., Weld County, Colorado. The name of the applicant is Dennis W. Neal. Respcufully, 9ALDennis WELBORN SULLIVAN MECK &TOOLEY, PC. 821 17th Street, Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone:303-830-2500 Facsimile: 303-832-2366 E-mail:wsmt@wsmtlaw.com Stephen J.Sullivan John F Meck Keith D.Tooley Kendor P.Jones Brian S.Tooley May 7, 2002 Thomas C.McKee Stephen A.Bain Molly Sommerville William R.Rapson Kathryn Haight Via Telefax and Federal Express Kristen L.Mix Amy E.Seneshen Danielle V.Wiletsky Ms. Sheri Lockman Rebecca N.Welborn Weld County Department of Planning Services Special Counsel 1555 N. 17th Avenue John F.Welborn Greeley, CO 80631 Norman S.Early,Jr. Of Counsel Robert F Welbom Re: Mill Creek PUD Township 4 North, Range 68 West Section 29: SW4 (portion) Weld County, Colorado Dear Sheri: This law firm represents RME Land Corp.(""RME Land"),formerly known as Union Pacific Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known as Union Pacific Resources Company,with respect to an application for a planned unit development ("Application") that has been filed with Weld County("County")by Dennis Neal ("Neal") for the property referenced above ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the Property. Enclosed is a letter to the members of the Planning Commission and the Board of County Commissioners of Weld County entitled"Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and Objection of RME Petroleum Company" which I ask that you provide to the Planning Commission and the Board to be included in the record of the proceedings to be held on the Application. As you are aware,the Colorado General Assembly passed House Bill 01-1088 last year which was enacted into law as Article 65.5,"Notification of Surface Development," in Title 24. The law requires that developers give notice to mineral interest owners of hearings on applications for May 7, 2002 Page 2 development and certify to the local jurisdiction that the notice was given. Local governments are to require the certification as a condition for the approval of the application. Notices of hearings should be provided to the RME entities as follows: RME Petroleum Company P.O. Box 9149 Houston, TX 77387-9147 Attention: Manager Land - Western Division Thank you for your consideration and attention to this matter. Best regards, Molly Sommerville MLS/jkj Enclosures cc: Dan Casper Tom Mar amino Don Ballard Marla Jones, Esq./Donna Powers, Esq. Todd Hodges Design/for Dennis Neal S:\MLS\Union\Mill Creek PUDLLockman_Itr_050302.wpd �1 eTh WELBORN SULLIVAN MECK &TOOLEY, PC. 821 17th Street,Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone: 303-830-2500 Facsimile:303-832-2366 E-mail:wsmt@wsmtlaw.com Stephen J.Sullivan John F.Meek Ma 7, 2002 Keith D.Tooley y Kendor P Jones Brian STooley Thomas C.McKee Stephen A.Bain Molly Sommerville William R.Rapson Kathryn Haight Members of the Planning Commission Kristen L.Mix and the Board of County Commissioners Amy E.Seneshen of Weld County Danielle .Wiletsky Rebecca N..Welborn 1555 N. 17th Avenue Special Counsel Greeley, Colorado 80631 John E Welborn Norman S.Early,Jr. Of Counsel NOTICE OF MINERAL INTERESTS OWNED BY RME LAND CORP. Robert E Welborn AND RME PETROLEUM COMPANY AND OBJECTION BY RME PETROLEUM COMPANY r Re: Mill Creek PUD Township 4 North, Range 68 West Section 29: SW4 (portion) Weld County, Colorado Ladies and Gentlemen: This law firm represents RME Land Corp.("RME Land"),formerly known as Union Pacific Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known as Union Pacific Resources Company,with respect to the application that has been filed with Weld County for approval of a planned unit development for property("Application")located in a portion of the SW4 of Section 29, Township 4 North, Range 68 West ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the Property. RME Land and RME Petroleum wish to give notice to Weld County ("County") of the mineral interests they own under the Property, and RME Petroleum at this time objects to the Application because the construction of the subdivision may make the oil and gas resources that underlie the Property more difficult to develop. RME Petroleum objects to the approval by the County of the Application unless and until an agreement on surface use is reached between RME Petroleum and the Applicant. �.-. Members of the Planning Commission and the Board of County Commissioners May 7, 2002 Page 2 The following are comments in support of this Notice and Objection: 1. The Oil and Gas Resources Owned by RME Petroleum Company. RME Petroleum owns all of the oil and gas that underlies the Property.RME Petroleum and United States Exploration, Inc. have entered into an exploration agreement for the development of oil and gas that includes the Property. The Property is prospective for oil and gas development in that there are two existing oil and gas wells to the north in the N2 of Section 29 and one directly to the west in the SE4SE4 of Section 30. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Subdivision Applications. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10)which requires that notices of hearings of subdivision plat applications be given to mineral owners and lessees in counties. More important, subsection (10) states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically directs county planning commissions to recognize that the owners of subsurface mineral interests and their lessees have"the same rights and privileges as surface owners." House Bill 01-1088 in Article 65.5,Title 24,"Notification of Surface Development",which was enacted into law last year requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions for applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. 3. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law continues to provide that the mineral owner owns the dominant estate and has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law See Frankfort Oil Company v.Abrams,413 P.2d 190(Cob. 1966). Note also,Gerrity Oil&Gas Corporation v.Magness,946 P.2d 913 (Cob. 1977),which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. eTh �-. Members of the Planning Commission and the Board of County Commissioners May 7, 2002 Page 3 and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. Union Pacific Railroad Company ("Railroad") gave a deed to Francis L. Rockwell dated April 20, 1909 and recorded in the Weld County Clerk and Recorder's office on June 21, 1909 in Book 233 at Page 210 in which it reserved all of the minerals. The Railroad granted the minerals to Union Pacific Land Resources Corporation(predecessor to RME Land)by quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in Book 644, Reception No. 1565712. Applicant had record notice at the time he acquired his interests in the Property that the minerals were severed from the surface estate and that he received less than the entire interest in the Property. 4. An Action by the County to Approve the Application may Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions for which the County Could Be Required to Pay the RME Entities Fair Compensation. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property.' The United States Claims Court and the Federal Circuit Courts have awarded compensation or affirmed decisions to award compensation to energy and mining companies based upon claims by the companies that their mineral properties had been taken by the government without just compensation because of government regulations which disallowed the development by the companies of their mineral rights.' 5. The RME Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. RME Land and RME Petroleum ("RME entities") have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The RME entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the 'See, for example,Lucas v. South Carolina Coastal Council,505 U.S. 1003, 112 S.Ct.2886, 120 L.Ed. 2d 798(1992). 3See for example Whitney Benefits, Inc.v.United States, 18 CI.Ct. 394(1989),corrected,20 CI.Ct.324 (1990),affd., 926 F.2d 1169(Fed.Cir.),cert.denied, 112 S.Ct.406(1991);United Nuclear Corporation v.United States, 17 CI.Ct. 768,affd.,912 F.2d 1432(1990). n Members of the Planning Commission and the Board of County Commissioners May 7, 2002 Page 4 minerals. RME Petroleum wishes to work with the Applicant in the same manner that it has worked with other developers, and toward that end, the parties have entered into discussions about an agreement for the compatible development of the surface and oil and gas estates. RME Petroleum objects to the Application,however, until such time as it reaches an agreement with the Applicant and requests that the County make any approval of the Application conditioned upon an agreement between the Applicant and RME Petroleum. Very truly yours, WELBORN SULLIVAN MECK& TOOLEY, P.C. Molly Sommerville MLS/jkj Enclosures cc: Dan Casper Marla Jones, Esq./Donna Powers, Esq. Don Ballard Tom Marranzino Todd Hodges Design/for Dennis Neal S:\MLS\Union\Mill Creek PUD\Weld_County_Itr_050202.wpd Hello