HomeMy WebLinkAbout20050642.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT # /$ CASE#ASSIGNED: PZ -10 /-/ 3
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number O S Q - Q - Q - V (•/ - �� C
(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,If additional space is required,attach an addtional sheet)
Legal Description Lot B 01 Re 3511 , Section 7 , Township 6 North, Range 67J West
Property Address(If Appic/able) NW (D�nr/ of 1144 SS L k'.R 7'
Existing Zone District:: /7/�_Proposed Zone District: �/E Total Acreage: Proposed #/Lots_C { .9
Average Lot Size: l { 3 (/c. Mininum Lot
lSize: LI0 J nr• Proposed Subdivision Name: Loki et/ Es lolci
Proposed Area (Acres)Open Space: 0. 0 ,J
Are you applying for Conceptual or Specific Guide? Conceptual Specific {�
FEE OW NER(S) OF THE PROPERTY (If additional space is required,attach an additional Smeet)
Name: ,)ii(ff (y/8 q
Work Phone # (”0_1351- 65- 'Hom erne# 97o 9 10- 2. 4[EmailAddress nrp
Address: NE<54 itAT (van Kea l 7y
City/State/Zip Code Ea on CoveiS
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications sgned by AutMdzedAgent)
Name: Jk'fr Couch CZ TESM 4en�/l?eldrl'
Work Phone# 'PC eiI • Home Pho e# `/JC &7' 117 Email Address]a4ICPCcUc4 CrMCQcr,4er
Address: 3VU S QIICk fqi /?a ie
City/State/Zip Code r/vf// {("c�/I/AS/ CC kit r- icO2 /
UTILITIES: Water: /IP(14 yeti/ Cc1nff Iva& v1Sl77'c1
Sewer: Sedit'
Gas: N9- it
Electric: oil do Valley RH/—
Phone: 67 we
DISTRICTS: School: fo• ft RE-2
Fire: rG/,° -0
Post: Ea�O?
I(We)hereby depose and state under penalties cf perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner, otarized evidence must be included indicating tie signatory has the legal authority to sign for
the corporation. I(we),the un igned, hereby request hearings before the Weld County Planning Commission and the Board
of CountyCommi onersc erningthe proposed Change of Zone forthe above described unincorporaed area of Weld County,
Color •
�-y/
ature:Ow o uthorized Agent to / Signature: Owner or Authorized Agent Date
EXHIBIT
2005-0642
Sep 15 04 11 : 52a Mark H. Law 1ey 370-454-2468 p. 1
Petroleum
Development
+Carson Avenue
Evans.Colorado 80620
Phone: (970)5069272
Corporation Pax: (970)506.9276
September 14,2004
Sherry Lawley
26658 WCR 74
Eaton,CO 80615
RE:Oil and Gas Lease Township 6 North,Range 64 West,6th P.M.
Section 4:NOSE/4,SE/4SE/4
Den Mrs.Lawley;
Please have this letter serve that Petroleum Development Corporation 2801 Carson Avenue,Evans,
Colorado 80620 agrees not to object to any subdivision or other development application for the SESE of
said Section 4. Petroleum Development Corporation agrees not to object to any subdivision or land use
application in the N/ZSE of said Section 4 so long as access to Petroleum Development Corporation gas
facilities are not unreasonable interfered with and you maintain a(150)setback for occupied buildings from
any of Petroleum Development Corporation oil and gas wells and tank battery.
Fmthetmore,Petroleum Development Corporation acknowledges they have no surface access in the SESE
of Section 4 except for the temporary access identified in Exhibit A for drilling purposes. Said temporary
access shall be good until the infrastructure of the Lawley Subdivision stars.
..._ Sur
IIX__ve Tracy,Agent for P ..�hupiroat Corporation
TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
September 16, 2004
Sheri Lockman
Weld County Planning Office
908 10th Street
Greeley, CO 80631
RE: Lawley Estates
PUD-Change of Zone
SE %, Section 14,TEN, R64W
Dear Sheri:
This letter is intended to provide a response to the issues raised from various referral agencies
through the Sketch Plan review. Also, attached is our PUD Change of Zone submittal, which we
feel addresses the various concerns raised through this review.
North Weld County Water District(NWCWD)
A water extension agreement has been submitted to and has been approved by the Weld County
Attorney's Office.
Galeton Fire Protection District
This project will be able to conform to the requirements of the Fire Protection District relating to
pressure, flow, hydrant locations, access and turn arounds.
Weld County RE2 School District
A bus turnout will be required at the entrance to this project along the north side of County Road
72.
Sheri Lockman
Weld County Planning Office
September 16, 2004
Page Two
Eaton,CO Postmaster
A turnout for postal delivery will be provided with this project.
Weld County Department of Health and Environment
Water service commitment information has been provided to the Department. The large lots being
proposed will allow for the requested setbacks and delineation of two locations per lot for
absorption fields.
Nazarenus Ditch Company
Despite several attempts, the Owner was not able to complete an agreement with the Ditch
Company.
Colorado Geological Survey
r-
It is agreed that site specific foundation design should be completed for all buildings.
Weld County Department of Building
The Department of Building comments addressed future building requirements. We agree with
these comments.
Weld County Sheriff
The Weld County Sheriff has no concerns with this project. A subdivision identification sign will be
provided in the entryway.
Colorado Division of Wildlife(CDOW)
The Colorado Division of Wildlife made a site visit to this project and provided comments relating to
the development.
•
e
•
Sheri Lockman
Weld County Planning Office
September 16,2004
Page Three
Common Open Space
No open space will be provided with this project.
Weld County Public Works Department
All conditions requested by the Public Works Department have been addressed as part of the
Change of Zone Submittal.
Please review the information provided with this letter and with the PUD Change of Zone submittal
materials completed for Lawley Estates P.U.D. We look forward to working with you through this
phase of the development process and feel that comments received to date have been addressed
in a positive manner.
Please contact me at(970) 231-9937 if you need additional information.
ch, P.E.
M Engineering
Cc: Sheri Lawley
•
Report Date: 09/17/2004 02:45PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
,,.� SCHEDULE NO: R1179586
ASSESSED TO:
LAW LEY SHERRY
26658 COUNTY RD 74
EATON, CO 80615
LEGAL DESCRIPTION:
9579 N2SE4& SE4SE4 4-6-64 (2R 2D)SITUS: WELD
PARCEL: 080104000004 SITUS ADD: WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 28.16 0.00 0.00 28.16 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 09/17/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0205-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 7.50 AGRICULTUR 1,198 350
SCHOOL DIST RE2 45.949 16.09
NCW WATER 1.000 0.35 TOTAL 1,198 350
GALETON FIRE 2.448 0.86
AIMS JUNIOR COL 6.322 2.22
WELD LIBRARY 3.249 1.14
TAXES FOR 2003 80.442 28.16
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
•
Signed .�irl���cJ> > \x _ Date ,/�7/0
FROM : CLASSIC TOUCH PHOTOGRAPt MNC PHONE NO. : +q?t3 73n R665 Deo, 17 1993 12:51AM P01
FULL POWER OF ATTORNEY
Date : February 20,2903
1, Sheny Lawley,the undersigned,of Eaton,Weld County, Colorado,
do hereby confer full power of attorney on Mark A. Lawley,
of Eaton,Weld County, Colorado
as true and lawful attorney-in-fact for me and in my name,place and stead,and on my
behalf;and for my use and benefit,regarding the following:
FIRST To ask,demand, litigate,recover, and receive all manner of goods, chattels,debts,
rents,interest, sums of money and demands whatsoever,due or hereafter to become due
and owing,or belonging to me, and to make, give and execute acquittances, receipts,
satisfactions or other discharges for the same,whether under seal or otherwise;
SECOND To make, execute,endorse,accept and deliver in my name or in the name of
my aforesaid attorney all checks, notes,drafts,warrants, acknowledgments, agreements
and all other instruments in writing, of whatever nature, as to my said attorney-in-fact may
seem necessary to conserve my interests;
THIRD To execute,acknowledge and deliver any and all contracts,debts,leases,
assignments of mortgage, extensions of mortgage, satisfactions of mortgage,releases of
mortgage,subordination agreements and any other instrument or agreement of any kind or
nature whatsoever, in connection therewith, and affecting any and all property presently
mine or hereafter acquired,located anywhere, which to my said attorney-in-fact may seem
necessary or advantageous for my interests;
FOURTH To enter into and take possession of any lands,real estate,tenements,houses,
stores or buildings,or parts thereof,belonging to me that may become vacant or
unoccupied, or to the possession of which I may be or may become entitled, and to receive
and take for me and in my name and to my use all or any rents,profits or issues of any real
estate to me belonging, and to let the same in such manner as to my attorney shall seem
necessary and proper, and from time to time to renew leases;
RIPT9-I Tn commence. nod nrosecutc on my behalf
duties,and to demand cause or thing whatsoever,due or to become due or belonging to
. :ei.- ,.1,.. that) dorm nroner:
• mc,and to prosecute,malst}am atw
SIXTH To take all steps and remedies necessary and proper for the conduct and
management of my business affairs, and for the recovery,receiving,obtaining and holding
possession of any lands, tenements,rents or real estate, goods and chattels,debts, interest,
demands, duties, sum or sums of money or any other thing whatsoever,located anywhere,
that is, arc or shall be,by my said attorney-in-fact,thought to be due,owing,belonging to
or payable to me in my own right or otherwise;
SEVENTH To appear, answer and defend in all actions and suits whatsoever that shall be
commenced against me and also for me and in my name to compromise,settle and adjust,
with each and every person or persons,all actions,accounts, dues and demands,subsisting
or to subsist between me and them or any of them, and in such manner as my said
attorney-in-fact shall think proper;hereby giving to my said attorney power and authority
to do,execute and perform and finish for me and in my name all those things that shall be
expedient and necessary,or which my said attorney shall judge expedient and necessary in
and about or concerning the premises,or any of them, as fully as I could do if personally
present,hereby ratifying and confirming whatever my said attorney shall do or cause to be
done in, about or concerning the premises and any part thereof.
Powers conferred on said attorney-in-fact shall not be restricted or limited by the
aforementioned specifications regarding situation of representation. The rights,powers
and authority of said attorney-in-fact granted in this instrument shall commence and be in
hill force and effect on February 20,2003, and such rights,powers and authority shall
remain in full force and effect thereafter until i give notice in writing that such power is
terminated.
It is my desire,and I so freely state,that this power of attorney shall not be affected by any
subsequent disability or incapacity that may befall me.
FURTHERMORE,this power of attorney is not contingent upon my disability.
-.
1, Sherry Fawley,whose name is signed to the foregoing instrument, having been duly
qualified according to the law,do hereby acknowledge that I signed and executed this
power of attorney; that I am of sound mind;that I am eighteen(18)years of age or older;
that 1 signed it willingly and am under no constraint or undue influence; and that I signed it
FROM : CLASSIC TOUCH PHOTOG HY INC PHONE NO. : +970 330 86 Dec. 17 1993 12:53AM P01
I, Sherry LawIcy, whose name is signed to the lbregoing instrument, having been duly
qualified according to the law, do hereby acknowledge that I signed and executed this
power of attorney; that I am of sound mind; that I am eighteen (18)years of age or older;
that I signed it willingly and am under no constraint or undue influence; and that I signed it
as my free and voluntary act for the purpose therein expressed.
7. -lam,
J ,Nary 'ublic
lvly commission expires on June 6, 2006
AFFIDAVIT OF SHERRY LAWLEY
STATE OF COLORADO )
) ss.
COUNTY OF WELD
I, Sherry Lawley, duly sworn,under oath,hereby state as follows:
1. I am an owner of the vacant property located on the corner of Weld County Road 72 and
Weld County Road 55.
2. I have spoken with the Nazarenus Ditch Company on many occasions concerning their
comments from the sketch plan review.
3. As a result of these conversations, I have offered to give the Nazarenous Ditch Company an
exclusive use right-of-way if they would agree to reduce their 170 foot easement on the East
side of the ditch to 50 feet.
4. The Ditch company has indicated that they were not interested in reducing its easement. They
indicated they are going to abide by the original purchase agreement and the conditions that
were set forth in the legal documents that pertained to the land when purchased.
5. Accordingly, items asked for by the Ditch company in the sketch plan review cannot be
granted as the rights granted them under the original purchase agreement does give them the
legal right to require such items.
6. Further saith affiant not.
SHERD. 7
Subscribed and sworn to before me this day of� y/1cFJ�}t°; ,2004,by Sherry
Lawley. �'
My commission expires: June 6,2006.
ary Public ��
es-
•
LAWLEY ESTATES P.U.D.
SPECIFIC DEVELOPMENT GUIDE
September 15,2004
INTRODUCTION
Lawley Estates P.U.D. is a 120 acre parcel located along County Road 55 near Galeton, Colorado.
The proposed project is intended to create eight residential lots. The larger lots allow for minimal
disruption of the existing road and utility infrastructure.
COMPONENT ONE
Environmental Impacts
1. Noise and Vibration
Lawley Estates P.U.D. will create eight residential lots. The lots will allow limited large animal
activity and small ancillary buildings. Industrial or commercial activity will not be allowed.
Noise and vibration impacts would be similar to other large lot subdivisions and will have no
impact to adjacent property.
2. Smoke, Dust and Odors
Lawley Estates P.U.D. will provide minimal impacts to adjacent property relating to smoke,
dust and odors. Specifically, NO burning will be allowed to create a smoke hazard. Stabilized
internal subdivision roads will minimize dust creation. Odors will not impact adjacent property.
Solid waste disposal will insure household garbage is removed from the site. Covenants will
require that animal areas be maintained on a regular basis.
3. Heat, Light,and Glare
Heat, light and glare will not be generated from the Lawley Estates P.U.D. Heat will not be
vented from residential structures. Street lights will not be installed as to maintain a country
'dark sky°environment. Covenants will curtail lighting on structures. Glare will not be created
from residential structures.
4. Visual I Aesthetic Impacts
Lawley Estates P.U.D. will create protective covenants which will minimize visual impacts
created from eight residential structures. Covenants will govern building height, building
materials, building color, and locations.
Houses will be strategically placed to create view corridors for both homeowners and adjacent
property owners. Roadways will follow the existing terrain and house elevations will match the
terrain as well.
5. Electrical Interference
There is no activity proposed by the Lawley Estates P.U.D. which will create electrical
disturbance. All electrical improvements will be installed underground. Antennas, towers, and
dishes will be controlled by covenants. There are no regional transmission lines in the area.
6. Water Pollution
Lawley Estates P.U.D. will improve both surface and ground water quality. The elimination of
agricultural activity will reduce the chemical and sediment loads historically created by runoff
from this area. Also, irrigation and stormwater runoff will be routed to a detention pond at the
easterly edge of the site. The detention pond will function as a sediment pond further
improving water quality on the site. Covenants will require maintenance of open areas.
7. Wastewater Disposal
Wastewater created from the residential units will be treated via Individual Sewage Disposal
Systems constructed on each site to be in compliance with Weld County Health Department
Guidelines.
8. Wetland Removal
As a previously irrigated and cultivated agricultural parcel, there are no wetlands located on the
site.
9. Erosion and Sedimentation
Erosion and sedimentation caused by stormwater runoff or wind have historically been minimal
from this site. The existing sparse grass and weed ground cover have provided an effective
protection for the site. There is currently no evidence of erosion or sedimentation on the site.
An erosion control plan and vegetative plan will be created to maintain these conditions.
10. Excavating,Filling and Grading
Overlot grading for this development will not be required. The disruption of the existing site will
be within the limits of the proposed Lawley Lane right-of-way. Once utilities are installed,
roadways will be graded and stabilized to eliminate visual and erosion impacts. Streets will be
graded to match the existing ground slope.
11. Drilling, Ditching and Dredging
Drilling, ditching and dredging will not be required to complete this project.
12. Air Pollution
The creation of eight structures will increase vehicular traffic in the area by approximately 60
trips per day. Burning will not be allowed. Air pollution impacts,therefore, will be minimal.
13. Solid Waste
Solid waste will be removed from the site by a commercial waste hauler. Individual
homeowners will be responsible to contract for this service.
14. Wildlife Removal
The property is currently a poor quality grassland with no indigenous animal population.
Division of Wildlife personnel have reviewed this proposal and visited the site.
15. Natural Vegetation Removal
The natural vegetation currently located on the site is of poor quality. In the transition from its
current vacant status to a development parcel, additional effort will be made to maintain the
growth of the vegetation and establish a viable grass cover. Disruption of the site caused by
the development will be contained within the proposed Lawley Lace sixty foot right-of-way.
Located within this right-of-way will be all transportation, water, gas, electric, communication
and irrigation improvements.
16. Radiation I Radioactive Material
The geological hazard report prepared for this project indicates that the rock formation which
would produce radioactive activity is not located in this area. Background radiation levels were
found to be minimal in the area.
17. Drinking Water Sources
A potable water system will be provided through the North Weld County Water District.
Delivery of this water will be accomplished by an existing eight inch water main in County Road
55. An agreement has been prepared by the Water District.
18. Traffic Impacts
Traffic Impacts created by the addition of eight residential structures will have insignificant
impact on the existing transportation infrastructure.
Lawley Lane will connect to the existing Weld County Road 72.
6. Traffic Impact Study
A Traffic Impact Study was not required for this project because of the minimal increase of
traffic to the existing system.
7. Storm Drainage
All stormwater runoff will be directed to a detention pond located at the east edge of the site.
Historic discharge will be into the adjacent Nazerenus Irrigation Ditch.
r'1
COMPONENT TWO
Service Provision Impacts
1. Schools
Schools are provided by the Eaton School District RE2. A turnaround at the subdivision
entryway will be provided. An impact fee will be required for each lot.
2. Law Enforcement
Law enforcement is to be provided by the Weld County Sheriff's Department. The Sheriffs
Department is supportive of names, signage, school access, and postal access, but has
indicated that they lack the resources to provide adequate services for additional growth in
Weld County.
3. Fire Protection
Fire Protection is provided by the Galeton Fire Prevention District. Fire hydrants, roadways,
signage,and turn arounds have been provided as the District has requested.
4. Ambulance
Ambulance service will be provided by the Northern Colorado Ambulance Service.
5. Transportation
The regional transportation system for this project is provided by County Road 55 and County
Road 72. These roadways are twenty-five foot wide and have a granular surface. The interior
subdivision roadway connects to County Road 72.
Lawley Lane will be a gravel roadway which is thirty-four foot wide and is located within a sixty
foot right-of-way and is classified as a local street.
6. Traffic Impact Study
A Traffic Impact Study was not required for this project because of the minimal increase of
traffic to the existing system.
7. Storm Drainage
All stomiwater runoff will be directed to a detention pond located at the east edge of the site.
Historic discharge will be into the adjacent Nazerenus Irrigation Ditch.
8. Utility Provisions
Electrical, telephone and water infrastructure is available for this subdivision.
9. Water Provisions
Water service will be provided by the North Weld County Water District. An eight inch water
main in Weld County Road 55 will provide both domestic and fire flows to Lawley Estates
P.U.D.
10. Sewage Disposal Provision
All sewage disposal will be provided by Individual Sewage Disposal Systems (ISDS) for each
lot. Percolation tests completed for this area indicates that these systems are appropriate for
this development.
11. Structural Road Improvement Plan
The proposed interior aggregate roadway will be constructed as per County Standards.
COMPONENT THREE
Landscape Elements
Landscaping for the Lawley Estates P.U.D. will be provided on each lot by the individual property
owners.
COMPONENT FOUR
Site Design
1. Unique Site Features
A local irrigation ditch, The Nazarenus Irrigation Ditch, traverse the easterly portion of the site.
This ditch will provide a buffer between lots and provide a corridor for wildlife migration.
2. Consistency with Goals and Policies of Chapter 22
This project is consistent will the goals and policies of Chapter 22.
3. PUD Zoning Compatibility
The proposed use is being developed for residential parcels. This is consistent with the
existing uses on adjacent parcels.
4. PUD Zoning Compatibility with Adjacent Land Uses
The project will be adjacent to a similar residential uses along its south and east boundary.
The project will be adjacent with agricultural property along its north and west boundaries.
5. Hazard Areas
This project is not within a Flood Hazard,Geologic Hazard or Airport Overlay District.
COMPONENT FIVE
Common Open Space Usage
Common Open Space is not provided for the project.
COMPONENT SIX
Signage
Traffic control signs and street information signs will be installed at the intersection of County Road
55 and Lawley Lane. No other signing is anticipated for this project.
COMPONENT SEVEN
MUD Impact
This project is not within a MUD area.
COMPONENT EIGHT
Intergovernmental Agreements Impacts
This project is not within an area governed by intergovernmental agreements.
TRANSMITTAL
TEAM ENGINEERING
JO Coach,RE.
3468 Shallow Pond Drive
Fort Collins, Colorado 80528
(970)231-9937
weld Comfy ofotr1me,1 of fd/annf�r, Servi cs
Attn: Ski kikIsla4 Date: le &Y-of
Protect Title: PZ- /eY3 Aw/ey Fsfa/ee
The following items are: ( k ) Requested ( > ) Enclosed
*Copies Description
_�_ Upalo fl' nib q-29-09
bar IJasn 'O
AR xiv t&r Casfmanf I f2em.ik/ - flies 7-ZZ-ez
1 Akc Itfffdavu f d S7-err lady 5-r-Q y
1 toffifIA- Carfevado ce 3-7.07
items Submitted .(k) For Your Review Pe) For Your Action
()4 For Your Files pj At Your Request
?)-For Your intonation' (>3 For Your Approval
Remarks: $5111111 = literlS l`u i€1 d1 /t 1 c TV Lade 1654141
We hao€ a4 a (tti aa/a7Jgk oa 12 7 to 11,5,-v cyip ��n
15-56q- oil it aI (Dotal fravic u Si wh 1 i4clud
wit; Jae chop of zate sqi pitl 1, Pat outAgei f4eir aarlialce of
e ad�aceitf 1eci , f. yew cap A a rd.i lefr mite el! that-
At lair la{ wog 14 l in ai "P " Zate , Our 14/tA ' rs fo
°le✓elo' flint of a It haat it i7 a,� °f° Zase alas! ti
gi
r /of 114 ciIlt . 71,0414-7 ea I( U �� G1
Sep 24 04 09: 11a Mark H. Laaley 970-454-2468 p.2
.c^s
Producers 88 PAID-Up OIL AND GAS I EASE
Rocky Mountain 2000
(Paid-Up Rev 1996)
Petroleum Development Corporation
THIS AGREEMENT,made and entered into this 6th day of My,2004-by and between
Sherry Lawley,26658 Weld County Road 74,Eaton,CO 80615
htn.i„at,,called lessor(whether one or more),and Petroleum Development Corporation,2970 29th Street,Unit
#18,Greeley,Colorado 80631,hereinafter called lessee:
WITNESSETH:
1.That lessor,for and in consideration of-"Tr.f"dollars(S *1000* ) in hand
paid,receipt of which is hereby acknowledged,and of the agreements of lessee hereinafter set forth,hereby grants,
raises, leases and lets exclusively unto lessee the lands described below for the purpose of investigating,
prospecting,defined
pot worms �geophysical and other methods),drilling,operating for and producing oil of gas,or both
(as ),together with the right to construct and maintain pipelines,underground telephone and electric
lines,tanks,ponds,roadways,plants,equipment,and structures thereon to produce,save and take care of said oil
and gas(which right shall include specifically a right-of-way and easement for ingress to and egress from said lands
by lessee,or its assignees,agents or permittees,necessary to or associated with the construction and maintenance of
such pipelines,telephone and electric lines,tanks,ponds,roadways,plants,equipment,and structures on said lands
to produce,save and take care of the oil and gas),and the exclusive right to inject air, gas,water,brine and other
fluids from any source into the subsurface strata,and any and all other rights and d prwith s necessary, d,incident to,
he or convenient for the economical operation of said land, alone or conjointly with neighboring land, for the production,saving and taking care of oil and gas and the injection of air, gas,water,brine,and other fluids into
the subsurface strata. No injection wells shall be used for or with fluids produced from other lands without the
written consent of Lessor. Said lands being situated in the County of Weld.State of Cninadn,described as
follows,to-wir
Township 6 North Ranee 64 Wert,6W P.M
Section 4:N/2SE/4,SE/4SE/4
This Oil and Gas Lease(the"Agreement"or the"Lease")is subject to that certain Side Letter Agreement dated this
same date attached hereto and made a part hereof. Said Side Letter Agreement provides additional terms for this
Agreement and should any term in this Agreement conflict with the terms of the Side Letter
found in the Side Letter Agreement shall control. Agreement,those temps
In addition to the land described above,lessor hereby grants,leases and lets exclusively unto lessee,to the
same me extent n as r�specifically scribed, lands which am owned or claimed by lessor by one of the following
result of a 1)change in the acquired or retained by lessor by avulsion,accretion,reliction or otherwise as the
boundaries or centerline of any river or stream traversing or adjoining the lands described
above;(2)all riparian lands and rights which are or may be incident,appurtenant,related or attributed to lessor in
any lake,stream or river traversing or adjoining the lands described above by virtue of lessor's ownership of the
land described above;(3)all lands included in any road,easement or right-of-way traversing or adjoining the lands
described above which are or may be incident, appurtenant, related or attributed to lessor by virtue of lessor's
ownership of the land described above.
For the purpose of calculating payments provided for herein,it shall he deemed that the lands covered by this
lease contain 17000 acres,whether there actually be more or less.
The tens oil as used in this lease shall be interpreted to include any liquid hydrocarbon substances which
occur naturally in the earth,including drip gasoline or other natural condensate recovered from gas without resort to
manufacturing process. The term gas as used in this lease shall be interpreted to include any substance,either
combustible or non-combustible,which is produced in a natural state from the earth and which maintains a gaseous
ocarbon ratified
ied slate at ordinary temperature and pressure conditions,including but not limited to helium,nitrogen,
hydrogen sulfide,coal bed methane gas,casiughead gas and sulphur.
Subject mo he cal other provisions herein contained,this lease shall remain in force for a term of one(1)year from
this date "primary term")and as long thereafter as oil and gas,or either of them,is commerical quantities from the leased premises or drilling operations produced in
this lease,a well completed for the arc shall continuously m to
be producing For purposes of
this lease at all times whenproduction hen of cs seams
omwmethane gas l be deemed ne be wll gas under
dewatering of the coal seams from which the coel6ed methane gas will be produced is
Sep 24 04 09: 15a Mark R. Lawle9 970-454-2468 p- 1
occurring. For purposes of this lease,"drilling operations"shall include operations for the drilling of a new well
and operations for the reworking,deepening or plugging back of a well or hole or other operations conducted in an
effort to establish,resume or re-establish production of oil and gas;drilling operations shall be considered to be
"continuously prosecuted"if not more than one hundred twenty(120)days shall elapse between the completion and
abandonment of one well or hole and the commencement of drilling operations on another well or hole;drilling
operations shall be deemed to be commenced for a new well at such time as lessee has begun the construction of the
wellsite location or the road which provides access to the wellsite location;and drilling operations shall be deemed
to be commenced with respect to reworking,deepening,plugging back or other operations conducted in an effort to
resume or reestablish production of oil and gas at such times as lessee has the requisite equipment for such
operations at the wellsite.
2.The lessee shall deliver to the credit of the lessor as royalty,free of cost,in the pipeline to which lessee
may connect its wells the equal three-sixteenths(3/I6ths)part of all oil produced and saved from the leased
premises,or lessee may from time to time at its option purchase any royalty oil in its possession,paying the
market price thereof prevailing for oil of like grade and gravity in the field where produced on the date of purchase.
'I he lessee shall pay lessor,as royalty,on gas,including casinghead gas or other gaseous substances,produced
from the leased premises and sold or used off the premises or used in the manufacture of gasoline or other products,
the market value at the well of three-sixteenths(3/16ths)of the gas sold or used,provided that on gas sold the
royalty shall be three-sixteenths(3/16ths)of the amount realized from such sale. The amount realized from the sale
of gas shall be the price established by the gas sales contract entered into in good faith by lessee and a gas purchaser
for such term and under such conditions as are customary in the industry. "Price"shall mean the net amount
received by lessee after giving effect to applicable regulatory orders and after application of any applicable price
adjustments specified in such contract or regulatory orders. In the event lessee compresses,treats,purifies or
dehydrates such gas(whether on or off the leased premises)or transports gas off the leased premises,lessee in
computing royalty hereunder may deduct from such price the actual charge incurred by lessee from third parties for
each of such functions performed,based upon that proportion which lessor's royalty hereunder bears to the total
amount of such charges.
3.This is a paid-up lease and all cash consideration first recited above and annual rentals have been paid to
lessor in advance to keep this lease in full force and effect throughout the primary term.In consideration of the
payment of such cash consideration and advance of annual rentals,lessor agrees that lessee shall not be obligated,
except as otherwise provided herein,to commence or continue any operations during the primary tenn. Lessee may
at any time or times during or after the primary term surrender this lease as to all or any portion of the land
described above,and as to any strata or stratum,by delivering to lessor or by filing of record a release or releases,
and be relieved of all obligations thereafter accruing to the acreage surrendemi except any environmental liabilities it
any.
4.Any payments required to be made to lessors pursuant to this lease,other than the payment of royalties,
may be paid by lessee to the lessor or to lessor's credit in the Bank,at (or its
successor or successors, or any bank with which it may be merged or consolidated, or which succeeds to its
business asses or any part thereof,by purchase or otherwise)which shall continue as the depository regardless of
changes in the ownership of said land or the oil and gas. MI such payments may be made by cash,check or draft,
mailed or delivered on or before the due date for that payment. Any payments so made shall be binding on the
heirs,devisees,executors,administrators,and personal representatives of lessor and on lessor's successors in interest
or on lessor's assigns.
5.If,at the expiration of the primary term of this lease,oil or gas is not being produced from the leased
premises but lessee is then engaged in drilling operations,this lease shall continue in force so long as drilling
operations are continuously prosecuted;and if production of oil or gas results from any such drilling operations,
this lease shall continue in force so long as oil or gas shall be produced from the leased premises. If,after the
expiration of the primary term of this lease,production on the leased premises should cease for any cause, this lease
shall not terminate if lessee is then engaged in drilling operations,or within one hundred twenty(120)days after
each such cessation of production commences or resumes drilling operations,and this lease shall remain in force so
long as drilling operations are continuously prosecuted,and if production results therefrom,then as long thereafter
as oil or gas is produced from the leased premises.
6.If at any time,either before or alter the expiration of the primary term of this least,there is a well capable of
producing oil or gas on the lands covered by this lease,or on other lands with which lands covered by this lease are
pooled or unitized,but the well is shut-in,whether before or after production therefrom,and this lease is not being
maintained otherwise as provided herein, this lease shall not terminate (unless released by lessee)and it shall
nevertheless be considered that oil or gas is being produced from lands covered by this lease during all times while
the well is so shut-in. Lessee shall use reasonable diligence to market the oil or gas capable of being produced foam
such shm-in well,but shall be under no obligation to market the oil or gas under terms,conditions or circumstances
which,in lessee's judgment exercised in good faith,are unsatisfactory. When the lease is continued in force in this
manner,lessee shall pay or tender to the lessor or lessor's successors or assigns,an amount equal to$10.00 per year
per net mineral acre covered by the lease. Such payments shall be made on or before the shut-in royalty payment
date,as defined below,next occurring after the expiration of one hundred twenty(120)days from the date the well
was shut-in,unless prior to such date oil or gas from the well is sold or used or the lease is otherwise maintained as
provided herein. In like manner,on or before each succeeding shut-in royalty payment date while such well remains
Sep 24 04 09: 14a nark A. Lawley 970-454-2468 p. l
eventualities.The time during which lessee shall be prevented from conducting drilling or reworking operations
during the primary term of this lease,under the contingencies above stated,shall be added to the primary term of
this lease.
14.Lessor hereby agrees that lessee,nt its option,shall have the right at any time to pay for lessor,any
mortgage,taxes or other liens existing,levied or assessed on or against the above described lands in the event of
default of payment by lessor and be subrogated to the rights of the holder thereof,and lessor hereby agrees that any
such payments made by lessee for the lessor may be deducted from any amounts of money which may become due
the lessor under the terms of this lease.
15.This lease and all its terms,conditions,and stipulations shall extend to and be binding on all successors in
interest,in whole or in part,of mid lessor or lessee.
With respect to and for the purpose of this lease,lessor,and each of than if there he more man one,hereby release
and waive the right of homestead.
WHEREOF witness our hands as of the day and year first above written.
Sherry Lawley tp`� OTAg '`�
STATE OF COLORADO ) aLBL1C 'o g
) m. Pp INDIVIDUAL
COUNTY OF WELD ) ' l!F.COya$h
OfillArr
On this 6th day of July.2004,before me personally appeared
Sherry Lawley
tome known to be the persons)described in,and who executed the foregoing instrument,and who acknowledged
to me that she executed the same as
her Bee act and deed,including the release and waiver of the right of homestead.
.0"-• Given under my hand and seal this day of ;II I�J 2004.
My commission expires: Oct 13 ,t,OC/ / sl��\ �-
Notary Public for the State of (Xi aR139v `Q, `A
residing at 3 X 7 l WC
ok-om IS
111111111111111111111111LullN111III11111It �HI : yag
`'_ 2970917 07/22/2002 11:13A Weld County, CO
917 1 or 7 R 35.00 D 0.00 J.A., Sukt"Tsukamotox )
RIGHT-OF-WAY AND EASEMENT AGREEMENT ,4y> Y 1`
d.J p a tjiz �sr�'`hy '�i�}b
• s ,
'� THIS RIGHT-OF-WAY AND EASEMENT AGREEMENT('Agreement )is made this
19th day of July, 2002, by and between Nazarenus Lateral Ditch Company,a Colorado , -
corporation., (hereinafter"First Party")and Mark Lawley and Sherry Lawley whose address
is 26658 WCR 74, Eaton, CO 80615, (hereinafter"Second Party"):
{ WITNESSETH;
WHEREAS, First party owns a parcel of land in the County of Weld, State of
Colorado described as: the North one-half of the Southeast Quarter (N%SEY,) and the
Southeast Quarter of the Southeast Quarter (SE%SEY.) of Section 4, Township 6 North,
Range 64 West of the 6th P.M.; and
WHEREAS, Second Party is purchasing the above described lands owned by First
Party; and
WHEREAS, the Nazarenus Lateral Ditch runs through the property hereinabove
described; and
WHEREAS, First Party desires to retain an exclusive easement and right-of-way for
the ditch, roar and appurtenances on a portion of the above-described property,and a non-
exclusive right-of-way and easement for the ditch, road and appurtenances on another
portion of the above-described property.
NOW, THEREFORE, in consideration of the understandings, mutual covenants,
rights, duties, and obligations herein created, the parties hereto agree as follows:
1. All of the foregoing recitals are incorporated herein and made a part of this
agreement.
2. An EXCLUSIVE RIGHT-OF-WAY AND EASEMENT, is hereby established,
the metes and bounds description of which is attached hereto as Exhibit"A,"
and a diagram of the same is shown on attached Exhibit "C."
3. On the EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described on
attached Exhibit"A"and as shown on attached Exhibit"C,"said EXCLUSIVE
RIGHT-OF-WAYAND EASEMENTshall be perpetual,exclusive and Second
Party shall not be permitted to cross under or over said described
EXCLUSIVE RIGHT-OF-WAY AND EASEMENT with any structure, fixture,
property or appurtenance of any type or for any reason without first receiving
written approval of First Party.
4. — Also created and established is a NON-EXCLUSIVE RIGHT-OF-WAY AND
EASEMENT, the metes and bounds description of which is attached as
Exhibit"B," and a diagram of said NON-EXCLUSIVE RIGHT-OF-WAY AND
EASEMENT is shown r attached Exhibit "C".
; ° 0 4
5 j icy ....";t:
^ o- -Y y,
2.ii is,JA'5-%%",2970917 111111111111 11111 11111 III 11111 1111i III 1111111111111 . ,
" 07/22/2002 11:13A Weld County, CO t
2 0l 7 R 35.00 D 0.00 J.A. "Suki"Tsukamoto k `�e #Onit-
. ' ,e , ,':t.sty-, , ..:Si!.. ., tat
,..
5�, pir `" 5. As to the NON-EXCLUSIVE RIGHT-OF-WAY AND EASEMENT described 'y
. on Exhibit B and shown on Exhibit "C," Second Party shall have the right Y,,-
h` to cross under and/or over said easement so long as any crossing does not
4' cause damage, injure or harm First Party's right-of-way and easement,
including but not limited to the ditch, road and any other appurtenances.
1 ti 6. In crossing over or under First Party's NON-EXCLUSIVE RIGHT-OF-WAY
AND EASEMENT, any such crossing shall be done in such a manner as to
not damage the easement, road, ditch, appurtenants or the embankments
thereof and so as not to interfere in any with the flow of water in said ditch.
Second Party shall always be required to restore First Party's easement
including the ditch, road, bottoms, sides, banks and all other portions and
appurtenances of First Party's ditch and easement to their original condition
and at the sole cost and expense to Second Party. Second Party further
agrees that any crossing underneath the ditch will be done at a depth of not
less than three feet below the bottom of the ditch and any crossing will be
clearly marked to show the location of such crossing.
7. The provisions of this Agreement shall bind the parties hereto, their heirs,
successors, assigns, personal representatives and administrators; and the
provisions of this Agreement shall constitute covenants running with the title
to the lands described hereinabove.
FIRST PARTY: SECOND PARTY:
NAZARENUS LATERAL DITCH
COMPANY, a Colorado Corporation
_ •' Eu�:D;�t, MarkLawley: . - - �—
5 L �, "-� 1 Sherry Lawley
.. STAN OF• ORADO )
f' + i c t*bF '- .) S- ) ss.
_The foregoing instrument was acknowledged before me this l Q�+-day of July,2002
by t`S•'-^''^^yy��it-A• m-1\ as -- ,\nak�a..i--' of the Nazarenus Lateral
Ditch, a Colorado` orporation and Mark Lawley and Sherry Lawley.
MY HAND AND OFFICIAL SEAL.
._ , 'on expires: 5 kas(tm -
'; tJNDY S
?, f: MCCARTY ,oi-17 �``��
:COy Notary Public
F:IXFLWAZARENU$;t9 \tight of Way&Easement Agreement
• 1 : >
I --
3,M
EXHIBIT "A" � E it
?;:40,1-f- .
LEGAL DESCRIPTION
t `h (EXCLUSIVE EASEMENT FOR THE NAZARENUS LATERAL DITCH) },
a A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4, ka °
TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID' SECTION 4 AND CONSIDERING THE EAST
LINE OF SAID SOUTHEAST QUARTER AS MONUMENTED TO BEAR NORTH 01° 08' 52" WEST,
AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH
01° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID EXCLUSIVE EASEMENT BY THE FOLLOWING THIRTY-ONE (31 ) COURSES:
1 ) SOUTH 89° 27' 02" WEST, 164.05 FEET;
2) NORTH 01° 12' 45" WEST, 307.09 FEET;
3) NORTH 03° 38' 11" WEST, 173.84 FEE1 ;
4) NORTH 14° 43' 04" WEST, 25.09 FEET;
5) NORTH 30° 32' 32" WEST, 120.34 FEET;
6) NORTH 42° 45' 00" WEST, 205.47 FEET;
7) NORTH 31° 07' 50" WEST, 394.26 FEET;
8) NORTH 11° 58' 13" WEST, 183. 17 FEET;
9) NORTH 01° 46' 17" WEST, 574.99 FEET;
10) NORTH 15° 03' 09" WEST, 154.83 FEET;
11 ) NORTH 43° 43' 57" WEST, 55.84 FEET;
12) NORTH 71° 19' 19" WEST, 145.24 FEET;
13) NOR1H 47° 57' 42" WEST, 183.01 FEET;
14) NORTH 26° 36' 32" WEST, 120.50 FEET;
15) NORTH 50° 58' 07" WEST, 77.92 FEET;
16) NORTH 33° 34' 33" WEST, 279.24 FEET TO THE NORTH LINE OF SAID SOUTHEAST
QUARTER;
17) NORTH 89° 07' 57" EAST, 202.04 FEET ALONG SAID NORTH LINE;
18) SOUTH 33° 34' 33" EAST, 144.06 FEET;
19) SOUTH 50° 58' 07" EAST, 88.61 FEET;
20) SOUTH 26° 36' 32" EAST, 125. 14 FEET;
'r
ry
21 ) SOUTH 47° 57' 42" EAST, 115.82 FEET;
22) SOUTH 71° 19' 19" EAST, 151 .84 FEET;
23) SOUTH 43° 43' 57" EAST, 141 .04 FEET;
24) SOUTH 15° 03' 09" EAST, 218.08 FEET;
25) SOUTH 01° 46' 17" EAST, 579.62 FEET;
26) SOUTH 11° 58' 13" EAST, 139.31 FEET;
11111111131111111 11111111111111111 Ill 1111111111r eI
2970917 07/22/2002 11:13A Weld County, CO
3 of 7 R 35.00 0 0.00 J.A. "Suki" Tsukamoto
z
r I\Mill1111111111111I III11111III "' (1111111 111 IIlI
1 2970917 07122/2002 11:13A Weld :wooly, CO
,4 of 7 R 35.00 D 0.00 J.A. "Sekl" TsUkam0lo °
.fe o-kl;Y fa4ti
'fry° '< 27) SOUTH 31° 07' 50" LAST, 348.27 FEET; 'T cal
< ` 28) SOUTH 42° 45' 00" CAST, 206.36 FEET; / :.,
J J r ¢
3 29) SOUTH 30° 32' 32" LAST, 162. 14 FEET; `
�-:
-fl 30) SOUTH 14° 43' 04" EAST, 77. 17 FEET;
31 ) SOUTH 01 ° 08' 52" EAST, 494.71 FEET TO THE TRUE: POINT OF BEGINNING;
SAID EXCLUSIVE EASEMENT CONTAINS 11 .6459 AQRES, MORE OR LESS, AND-1-S SUBJECT TO z, c
ANY EASEMENTS OR RIGHTS-OF-WAYS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF
LAND;
AND THREE LATERAL IRRIGATION DITCHES FROMS4ID NAZARENUS LATERAL DITCH, SAIDEASE
MENTS BEING 30 FEET (30' ) WIDE AND EXTENDING FROM THE EXCLUSIVE EASEMENT
DESCRIBED ABOVE TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, THE
CENTERLINE OF SAID EASEMENTS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LATERAL DITCH NO. I :
COMMECING A7 THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 52"
WEST, 1332,59 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 86° 03' 27" WEST, 429.28 FEET TO THE EAST LINE OF SAID EXCLUSIVE
CASEMENT;
LATERAL DITCH NO. 2:
COMAENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 01° 08' 52"
WEST,. 678. 16 FEET ALONG THE EAST LINE OF SAID SECTION 4 TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 84° 31 ' 56" WEST, 54.48 FEET TO THE CAST LINE OF SAID EXCLUSIVE
EASEMENT.
LATERAL DITCH NO. 3:
THIS CENTERLINE OF THIS DITCH LIES NORTH 01° 08' 52" WEST, 484.04 FEET FROM
THE SOUTHEAST CORNER OF SAID SECTION 4 AND ALL IS WITHIN SAID EXCLUSIVE EASEMENT.
J.
I do hereby certify that under my personal supervision, this
legal description was prepared on July 18,2002 a a• cy
ec1e v=
Gerald B. McRae, Professional Engineer and C7> _oi'X "7��c`/�
Land Surveyor, Colorado Reg. No 6616 rf ��.
Ij,1 r, �
2 of 2
T3 i
EXHIBIT B s ,
LEGAL DESCRIPTION iF& � ' z i? W&
(NON-EXCLUSIVE EASEMENT)
x ; ' 4,
. A TRACT OF LAND LOCATED IN THE.SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
6.;. . SECTION 4, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6th P.M. , WELD COUNTY, COLO-
RADO AND BEING MORE PARTICULARLY DESCRIBED:AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 4 AND CONSIDERING THE EAST
LINE OF SAID SOUTHEAST QUARTER TO BEAR NORTH 01° 08' 52" WEST AS MONUMENTED
AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 01 ° 08' 52" WEST, 40.00 FEET ALONG SAID EAST LINE;
THENCE SOUTH 89° 27' 02" WEST, 164.05 FEET ;
THENCE SOUTH 01° 12' 45" EAST, 40.00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST
QUARTER;
THENCE NORTH 89° 27' 02" EAST, 164.00 FEET ALONG SAID SOUTH LINE TO THE POINT
OF BEGINNING;
SAID TRACT OF LAND CONTAINS 0. 1506 ACRES, MORE OR LESS AND IS SUBJECT TO ANY
EASEMENTS OR RIGHTS-OF-WAY OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND.
I do hereby certify that under my personal supervision, this
legal description was prepared on July 18,2002
Gerald B. McRae, Professional Engineer andi" 6816
Land Surveyor, Colorado Reg. No 6616
'4,40 N DP;
. .
•
II `` II 11111111
2970917 07122/2002�'II�1111111 11111 111111,1111111111
5 of 7 R 36.00 0 0.00 J.A. Suki' Tsukamolo
}
STATE OF COLORADO
Bill Owens,Governor GOT�. O.
^ DEPARTMENT OF NATURAL RESOURCES b pa
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER Ors'
Bruce McCloskey,Acting Director
6060 Broadway For Wildlife-
Denver,Colorado 80216 For People
Telephone: (303)297-1192
Larry Rogstad,District Wildlife Manager 3/08/04
317 West Prospect
Fort Collins,Colorado 80526
Mr. Jeff Couch, P.E.
Team Engineering
3468 Shallow Pond Drive
Fort Collins, Colorado 80528 Re: MS-1043 Lawley Estates
Dear Jeff:
I enjoyed meeting Mark Lawley and you at Mark's property on 2/23/04. The meeting was scheduled to
discuss the above referenced development plan. As part of the approval process the planners suggested
the meeting to insure that Division of Wildlife recommendations expressed in a letter dated July 10, 2003
were being addressed. That letter included six recommendations for consideration. We met on site to
discuss the recommendations.
Recommendation numbers one and two concerned use of clustered development and/or building
envelopes as a method of preserving the maximum open space for wildlife. In our meeting you stated
that these are being considered in the development plan. In all likelihood building envelopes would be
implemented anyway to ensure that siting of septic systems would be maintained within compliance of
County regulations. Your client wishes to create a development that will be attractive for residents and
maintain the maximum open space possible. The Division is comfortable that your development plan will
incorporate this recommendation to the extent possible.
Recommendation number three concerned the use of power poles and utility lines on the development.
Because of a large Black-tailed prairie dog colony in the vicinity, the site is frequented by several species
of raptors. The power poles along the south boundary of the Lawley parcel have on several occasions
caused electrocution death of hawks, owls and Golden eagles. To eliminate this unfortunate problem the
local REA retrofitted poles and transformers to eliminate the potential for more electrocutions. The
Division recommended that any utility poles necessary for the new development be installed in a manner
that would prevent electrocution to raptors. You explained that the development will to all extent
possible use underground utilities to minimize a cluttered look for the development. Use of underground
utilities will effectively prevent the chance of electrocution of raptors.
Recommendation number four suggested restricting livestock that may be permitted on site to confined
paddocks, rather that free ranging the whole parcel. The sandy soils and plant types found on site would
be susceptible to degradation by overgrazing and/or trampling. Loss of ground cover would reduce its
value for ground nesting birds, rodents, and herptiles. Decreased populations of these animals would
DEPARTMENT OF NATURAL RESOURCES,Russel George,Executive Director
WILDLIFE COMMISSION,Rkk Enstrom,Chair•Philip James,Vice-Chair•Olive Valdez,Secretary
M,mhare Romani Rlark•Tnm Ri,rka..'affray rrmaffnM•Rrarl Phalnc•Rnhart Rhnomakor•Kan Tnnme
r.
negatively impact raptors and carnivores. Loss of vegetative cover on this parcel would result in blow
sand adversely impacting plant stands on adjacent lands. You expressed that Mr. Lawley had the same
concerns about preserving the plant community on the development as much as possible. If the land is
degraded it becomes more difficult to sell. The development plan and ultimately the subdivision
covenants will restrict the use of livestock on the parcels to be sold. We are confident that since Mr.
Lawley will continue to live on the adjacent parcel he will incorporate appropriate subdivision covenants
to protect the plant stand on this subdivision.
Recommendations number five and six concerned Black-tailed prairie dogs found on site and the potential
for Burrowing owls, a listed species, to be found during their season of use. We discussed the value of
prairie dogs in short-grass ecosystems, alternatives in management of prairie dogs permitted by law and
timing control methods to occur outside the season of use by Burrowing owls. Mr. Lawley said that he
holds an EPA applicators license. He will survey the site slated for development. If active prairie dog
holes are discovered he plans to implement control methods, using chemicals registered for use,
immediately and prior to the nesting season for burrowing owls. If this is done it adequately address the
Division's concerns.
Please feel free to contact me on my office or cell phone if you have any questions. If necessary, forward
a copy of this letter to the Weld County Planning Department for their records.
Sincerely yours,
Larry Rogstad
Hello