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Home My WebLink About20053583.tiff DEPARTMENT OF PLANNING SERVICES resQ NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 NIDSOUTHWEST OFFICE O 4209, R 4 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 COLORADO FAX: (720)652-4211 August 23, 2005 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1530 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,October 18,2005, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado concerning the request of: NAME: James & Gail Sutton FOR: Use by Special Review Permit and Site Specific Development Plan for an Office incidental to the operation of the Uses Allowed by Right as listed in Section 23-3-20 LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. LOCATION:West of and adjacent to Aspen Avenue and north of and adjacent to Mountain View Street(North of CR 12;west of and adjacent to CR 5). 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 Wendi Inloes, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, 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. 2005-3583 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR-1530 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 24th day of August, 2005 Voneen Macklin Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS HODD DONALD 1758 OLD HWY 52 BAKER JETTA G ERIE CO 80516 1905 MOUNTAIN VIEW ST ERIE CO 80516 JONES KATHRYN 5457 ASPEN AVE BALLARD CHARLES & LAURA ERIE CO 80516 1865 MOUNTAIN VIEW ST ERIE CO 80516 KEAR FLORENCE &VICTOR 5517 ASPEN AVE BRADT GERALD ERIE CO 80516 1866 MOUNTAIN VIEW ST ERIE CO 80516 LEATHERMAN LARRY&JUDY 5616 FIR AVE NORTH BRUXVOORT RONALD & LORETTA ERIE CO 80516 1827 LONGS PEAK ST ERIE CO 80516 MAHONEY MICHAEL & CAROLYN 5506 FIR AVE BRYANT ROBERT &VERONICA ERIE CO80516 1908 LONGSPEAK ST ERIE CO 80516 MCKIM MICHAEL & LATONA 1945 MOUNTAIN VIEW ST EHLO ANDY& MARY ERIE CO 80516 1867 LONGSPEAK ST ERIE CO 80516 MEADOWS JAMES & BARBARA 1951 ASPEN CT EICHINGER STEVEN ERIC CO 80516 5446 FUR AVE ERIE CO 80516 MOJO FRANCIS 1703 PEAK LN FROHSINN ELLEN ERIE CO 80516 1946 MOUNTAIN VIEW ST ERIE CO 80516 NOLTE FLOYD 1777 LONGS PEAK ST FUESTON CUR ERIC CO 80516 5458 ASPEN AVE ERIE CO 80516 PEAKS AT MTN VIEW HOA C/O WENDY SLAVIN GERMANY JOHN 1636 PEAK LANE 3160 JOHNSON LANE ERIE CO 80516 ERIE CO 80516 QUANDT JOHN HANES REESE 1965 MOUNTAIN VIEW STREET 5487 ASPEN AVE ERIE CO 80516 ERIE CO 80516 RHODES JAMES HEIL FAMILY TRUST 1948 LONGS PEAK ST 5618 N ASPEN AVE ERIE CO 80516 ERIE CO 80516 SEABAUGH JOAN & DEWEY MINERAL INTEREST OWNERS 5617 ASPEN AVE ERIE CO 80516 ANADARKO LAND CORP ATTN: MGR PROP & ROW SUMMIT MOUNTAIN VIEW HOA PO BOX 9149 C/O SAM LINNENBURGER THE WOODLANDS TX 77387-9147 5560 SUMMIT WAY ERIE CO 80516 FINLEY JACK& LEAH PO BOX 58 VAN ZUIDEN BARBARA DACONO CO 80514 5476 FIR AVE ERIC CO 80516 ENCANA ENERGY RESOURCES 370 16TH STREET VAUGHTERS KENNETH &VANDA STE. 1700 5566 FIR AVE DENVER CO 80202 ERIE CO 80516 WILMOT KYLE 5580 SUMMIT WAY ERIE CO 80516 WRIGHT TRACY 1906 MOUNTAIN VIEW ERIC CO 80516 ) ) ) a Weld County Planning its a 918 10`" Street osrq '� Greeley CO 80631 W y zoo° iYa O 4✓ , rllrvEr ROWIS a.. W�`o�. �� 00.27& w. ' c 0004352257 AUG25 2005 .- O.u. MAILED FROM ZIP CODE 80531 COLORADO . CI y r O co w o 4' 4,#., FIN LEAH N '� y P • co W �i��`�ijrQ1O�O�r NO C 4 U a oy et 3 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 3 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE SAject Parcel: 146705102003 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 Assessor was assembled within thirty days of the application's submission date. :// :(— Signature 7/44, o: Date Property Owners Within 500 ft. of Parcel# 146705102003 NAME MAILING ADDRESS PARCEL IDENTIFICATION 1905 MOUNTAIN VIEW ST BAKER JETTA G& 146705101011 ERIE,CO 80516 1865 MOUNTAIN VIEW ST I....LLARD CHARLES A& LAURA A 146705101012 ERIE,CO 80516 1866 MOUNTAIN VIEW ST BRADT GERALD 146705401001 ERIE,CO 80516-9702 1827 LONGS PEAK ST BRUXVOORT RONALD R&LORETTA 146705101002 ERIE,CO 80516 BRYANT ROBERT LEONARD JR& VERONICA 1908 LONGSPEAK ST 146705101014 ERIE,CO 80516 1867 LONGS PEAK ST EHLO ANDY L& MARY PATRICIA 146705101003 ERIE,CO 80516 5446 FIR AVE EICHINGER STEVEN E& 146705402003 ERIE,CO 80516 1946 MOUNTAIN VIEW ST FROHSINN ELLEN H 146705401015 ERIE,CO 80516 5458 ASPEN AVE 6STON CURT A& 146705401002 ERIE,CO 80516 3160 JOHNSON LN http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=146705102003&Part=14670510003... 7/18/2005 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 3 GERMANY JOHN K & ERIE,CO 80516 146705103007 5487 ASPEN AVE HANES REESE N 146705402016 ERIE,CO 80516 5618 N ASPEN AVE HEIL FAMILY TRUST 146705101013 ERIE,CO 80516 1758 OLD HWY 52 HODD DONALD E& 146705100034 ERIE,CO 80516 5457 ASPEN AVE JONES KATHRYN AYDT 146705402015 ERIE,CO 80516 5517 ASPEN AV KEAR FLORENCE I& VICTOR A(HEIRS OF) 146705402017 ERIE,CO 80516 5616 FIR AVE NORTH LEATHERMAN LARRY L& JUDY K 146705102001 ERIE,CO 80516 5506 FIR AV MAHONEY MICHAEL J& CAROLYN L 146705402001 ERIE,CO 80516 1945 MOUNTAIN VIEW ST MC KIM MICHAEL S& LATONA J 146705101010 ERIE,CO 80516 1951 ASPEN CT Ivn,ADOWS JAMES E JR&BARBARA JAN 146705401003 ERIE,CO 80516 1703 PEAK LN MOJO FRANCIS A JR& ANNE Z 146705405002 ERIE,CO 80516 1777 LONGS PEAK ST NOLTE FLOYD& 146705101001 ERIE,CO 80516 PEAKS AT MTN VIEW HOMEOWNERS ASSOC C/O WENDY SLAVIN INC 1636 PEAK LANE 146705405006 ERIE,CO 80516 1965 MOUNTAIN VIEW QUANDT JOHN C & STREET 146705101004 ERIE,CO 80516 1948 LONGS PEAK ST RHODES JAMES R& 146705101015 ERIE,CO 80516 5617 ASPEN AVE SEABAUGH JOAN MARIE& DEWEY GENE 146705102004 ERIE,CO 80516 F. EMIT MOUNTAIN VIEW HOMEOWNERS C/O SAM LINNENBURGER AsSN 5560 SUMMIT WAY 146705103008 ERIE,CO 80516 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=146705102003&Part=14670510003... 7/18/2005 AFFIDAVIT OF INTERESTED LAND OWNERS Page 3 of 3 5476 FIR AV VAN ZUIDEN BARBARA R& 146705402002 ERIE,CO 80516 5566 FIR AVE JGHTERS KENNETH R& VANDA D 146705102002 ERIE,CO 80516 5580 SUMMIT WAY WILMOT KYLE L& 146705103001 ERIE,CO 80516 1906 MOUNTAIN VIEW WRIGHT TRACY V&MIKELE 146705401016 ERIE,CO 80516 http://maps.menick.com/website/weld/setSql asp?cmd=buffer&PIN=146705102003&Part=14670510003... 7/18/2005 AFFIDAVIT OF INTEREST OWNERS JJ MIINERALS/J (�C-4 AND/OR SUBSURFACE Property Legal Description: 4.0 a ) block A I rY11a RAnJtr4+es1 County of vied ) S -fe ,9 Colorado Parcel Number 1 '7 & �7 - ,5 - I - 0 ✓\ - 0 0 3 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). (Include all lots being included in the application area,tf additional space is lequtred,attach an addtional sheet) STATE OF COLORADO ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn,states that to the best of his or her knowledge,the attached list is a true and accurate let of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records bya person qualified to do the task,and shall be current as of a date more than thirty(30)days prior to the date the application is submitted to the Departmentof Planning Services. Note:Mineral Notification is in addition to that required byC.R.S. 24-65.5-102 through 104. By: Title: The foregoing nstrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: Notary Public -13- • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Sutton) Subject Property: Township 1 North, Range 68 West, 6th P.M., Weld County Section 5: Lot 2, Block 2, Carmacar Ranchettes, being a part of the E1/2 Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following 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 same were verified at July 14, 2005. A photocopy or facsimile of this list shall be as valid, for all purposes, as the original hereof. Dated this 5`h day of August, 2005. CREWS & ZEREN, LLC 1 2 By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners: Mineral Leasehold Owners: Anadarko Land Corp. Encana Energy Resources Inc. Attn: Mgr. Property & ROW 370 16th Street, Suite 1700 P.O. Box 9149 Denver, CO 80202 The Woodlands, TX 77387-9147 Jack W. & Leah Finley PO Box 58 Dacona CO 80514 CREWS eh'ZEREN LLC Minera!Title Services P.O. Bot336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence'of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). CREWS CrZMQE N LLC nfinera ritkServices P.O. Boi.336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(970)351-0867 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Sutton) Subject Property: Township 1 North, Range 68 West, 6`h P.M., Weld County Section 5: Lot 2, Block 2, Carmacar Ranchettes, being a part of the E1/2 Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following 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 same were verified at July 14, 2005. A photocopy or facsimile of this list shall be as valid, for all purposes, as the original hereof. Dated this 5`h day of August, 2005. CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners: Mineral Leasehold Owners: Anadarko Land Corp. Encana Energy Resources Inc. Attn: Mgr. Property & ROW 370 16th Street, Suite 1700 P.O. Box 9149 Denver, CO 80202 The Woodlands, TX 77387-9147 Jack W. & Lean Finley PO Box 58 Dacona CO 80514 CREWS erZERE9\C LLC Mineral Tit le Services P.O. Box,336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby ^ agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole,joint, concurrent, simple or gross). CREWS 6'ZERTL LLC Mineral0itke Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(970)351-0867 James & Gail Sutton 5557 Aspen Ave. Erie, Colorado, 80516 September 14, 2005 Notice to Mineral Interest Owners CASE NUMBER: USR-1530 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, October 18, 2005 at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: Name: James & Gail Sutton For: Use by Special Review Permit and Site Specific Development Plan for an Office incidental to the operation of the Uses Allowed by Right as listed in Section 23-3-20 Legal Description: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to Aspen Avenue and north of and adjacent to Mountain View Street (North of CR 12; west of and adjacent to CR 5). You may have interest in the minerals located under the property. For additional information write or telephone Wendy Inloes, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, Colorado, 80631, on or before the date of public hearing. For your convenience, the Department or Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To insure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. SENDER: COMPLETE THIS SECTION COPAPI I-rL rru5;IC npr, IN IELIVE•r • Complete items 1,2,and 3.Also complete A. Signet item 4 if Restricted Delivery is desired. X O Agent • Print your name and address on the reverse te Addressee so that we can return the card to you. g, - wed nted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front lf epece pries. vi , •S S 1. Article �to: D. Is•-' address different from Item I? ❑Yes If YES,enter delivery address below: O No Encana Energy Resources, Inc. 370 16th Street, Suite 1700 Denver, CO. 80202 ,. Service Type O Certified Mall ❑Express Mall ❑Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O yes 2. Article Number (Transfer from service kibeg 7004 2 510 0001 5485 5 618 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION CG'dr;F IL THIS SECTION ON DELIVERY • Complete items e,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Dee Del ■ Attach this card to the back of the mailpiece, or on the front If space planks. / 4r 1. Article Addressed to: D. b delivery address drt from kern 1 Y w. If YES,enter del address below: .No"'""'!9o- Anadarko Laid Corp. SEP 2 Attn: Mgr. Property& ROW P.O. Box 9149 The Woodlands, TX. 77387-9147 S. Type -s I, El Certified Meal O Mail O Registered - O Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. AkicleNumtxir 7004 2510 0001 5485 5632 (Transfer from service label), PS Form 3811,August 2001 Domestic Return Receipt 102se502-M-1540 r i{ii!S KERN AMCGEE 0 "V 0hj N Y CORP/MARC 1999 BROADWAY,SUITE 3700•DENVER,COLORADO 80202 October 13, 2005 Weld County Planning Department PHONE:303-296-3600 VIA FACSIMILE AND U.S. MAIL GREELEY OFFICE FAX:303-296-3601 OCT 1 7 2005 Weld County Department of Planning Services 918 10th Street RECEIVED Greeley, Colorado 80631 Re: Sutton Special Use Permit James and Gail Sutton, Applicant Township 1 North, Range 68 West of the 6th P.M. Section 5: E/2 (portion) Weld County, Colorado To Whom It May Concern: The purpose of this letter is to inform you that Kerr-McGee's oil and gas rights may be adversely affected by the Sutton Special Use Permit currently proposed by James and Gail Sutton. It is my understanding that an initial public hearing on James and Gail Sutton's application for a special use permit is scheduled for Tuesday, October 18, 2005. Kerr-McGee owns interest in the oil and gas leasehold estate in Section 5, Township 1 North, Range 68 West. This real property interest, which has been recorded, entitles Kerr-McGee to produce oil and gas from these lands. Ken-McGee also has the legal right to drill future wells on the Property in accordance with Colorado Oil and Gas Conservation Commission Rule 318A and other applicable law. Kerr-McGee believes that the oil and gas resources underlying the Property have significant value and, therefore, is concerned about any surface use or plan of use that would restrict or preclude the use and enjoyment of these rights. Kerr-McGee's preferred practice is to meet with and attempt to conclude a mutually acceptable surface use agreement with the surface owners or their agents. Although it is crucial that an agreement be in place prior to the County's approval of the developer's application, as of this date no agreement has been reached and no surface use agreement relating to Kerr-McGee's right to explore for and produce oil and gas in Section 5, Township 1 North, Range 68 West, is in place. For these reasons, Kerr-McGee objects to any future plat approval or surface development that fails to fully recognize and accommodate Kerr-McGee's access to, and utilization of, its valuable property rights in Section 5, Township 1 North, Range 68 West. Ken-McGee requests that the County require an executed surface use agreement between the surface owner and the mineral owners prior to final plat approval as a condition of this application. Moreover, any future plans should incorporate and designate those lands to be set aside for mineral development and expressly address what measures will be taken to protect Kerr-McGee's current and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Please contact me at 720-264-2642 if you have any questions or comments about this matter. Kerr-McGee hopes to conclude a mutually acceptable surface use agreement with the surface owner of the Property and looks forward to cooperating with the County to accomplish its land use planning goals. Sincerely, Kerr-McGee Rocky ountai Corporation Terry D. rig t Landman ist cc: James and Gail Sutton, Applicant (by facsimile and U.S. mail) James P. Wason—Kerr-McGee Rocky Mountain Corporation Kevin Osif—Kerr-McGee Gathering LLC Molly Sommerville—Attorney for Anadarko E&P Company, LP WrKERII-AFfGEE�Ta ' " MMOtI rAIN CORPORATION WP' in y prahnfroore�a giot •DENVER.COLORADO 80202 GREELEY OFFICE OCT 1 9 2005 RECEIVED RHONE:303-296-3600 FAX:303-296-3601 October 17,2005 VIA FACSIMILIE AND U.S. MAIL Weld County Planning Department 918 10`h Street Greeley, Colorado 80631 Re: James & Gail Sutton—Sutton Special Use Permit 1N-68W, Section 5: E/2 (portion) Dear Planning Department: Kerr-McGee Rocky Mountain Corporation ("KMRMC") is the owner of valid oil and gas leases underlying all or part of the Fuller Subdivision, for which James and Gail Sutton, are seeking plat approval. KMRMC and James and Gail Sutton have been negotiating a Surface Use Agreement, the terms of which will govern the parties' simultaneous use of the subject property. KMRMC does not object to the plat for which James and Gail Sutton are applying. However, the parties have not yet concluded an agreement, and KMRMC therefore requests that the Weld County Planning Department withhold final plat approval of this PUD application until the parties execute and record a surface use agreement. Sincerely, Kerr-McGee Rocky Mountain Corporation Etig, Terry . n .ght Landman Specialist cc: James and Gail Sutton - Applicant James P. Wason—Kerr-McGee Rocky Mountain Corporation Hello