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Home My WebLink About20051858.tiff Case#: PK-1058 Description: Lot B of RE 3300 Las Haciendas Applicant: Francisco Garcia F&G Lands LLC The purpose of this letter is to document a verbal referral from the Colorado Division of Wildlife. Concerning the above proposed subdivision; Susan Kloster, a representative from the Colorado Division of Wildlife had the following to say in a telephone conversation on Friday the 20th of May at 3:00 pm: Ms. Kloster informed us that the Colorado Division of Wildlife does not write letters of referral, instead,they encourage applicants to document the information. She reaffirmed that the property proposed is not a critical habitat for any of the endangered species mentioned in their letter of concern. She further advised against destruction of existing trees (in particular cottonwood)as well as any possible habitats along the ditch area. We agreed that the ditch as well as existing trees will be left undisturbed. Further more, landscaping will be in place. A landscaping plan is included with the application. Thank-you, Francisco Garcia Jr. President/Hacienda Builders EXHIBIT E fix #1058 2005-1858 SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT (this "Agreement") is made and entered into this 1g day of March, 2005, by and between F & G Lands LLC, a limited liability company with its principle place of business located at 1959 Blanca Ct, Loveland, Colorado 80538 ("Owner") and MAGPIE OPERATING, INC., a Colorado corporation with its principle place of business located at 2707 South County Road 11, Loveland, Colorado 80537 ("Operator"). RECITALS A. Owner is the owner of the surface (and related mineral interest) and is in possession of certain real property described on Exhibit "A" attached hereto and incorporated herein by this reference (the"Property"). B. Operator is the owner and holder of a leasehold and working interest in the oil and gas estate underlying all or portions of the Property and is conducting oil and gas production operations and intends to conduct additional drilling and production operations on the Property in the future. C. Owner and Operator desire to set forth their agreement with respect to further oil and gas operations on the Property, the accommodation of development of the surface, and to provide for cooperation between the parties and the mutual enjoyment of the party's respective rights in and to the Property. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the covenants herein made and the mutual benefits to be derived therefrom, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree as follows: 1. Use of Lands. Each of the parties covenants and agrees that is shall strictly observe the terms and conditions regarding surface occupancy set forth in this Agreement. This Agreement, and the rights and benefits granted and created herein shall be effective as of the date of this Agreement. The provisions hereof shall be considered covenants running with the land during the life of this Agreement and all modifications and any assignment shall be subject to the provisions hereof. 2. Drill Site Area. Operator acknowledges that the "Drill Site Areas" and Production Facility Areas" reflected on Exhibit "B" attached hereto and incorporated herein by this reference shall be used as surface locations for future activities of Operator under this Agreement and under Operator's oil and gas leasehold interest with respect to the Property (including, without limitation, the drilling of any and all wells to any and all formations underlying the Property covered by this Agreement). Such areas shall be in addition to the "Existing Production Facility Area" also reflected on said Exhibit "B." All references contained in this Agreement to the term "Drill Site Area" shall also be deemed to refer to the applicable Production Facility Area resulting from operations on said Drill Site Area. Temporary access roads shall be available and used during drilling, completion, recompletion and workover operations. Permanent access roads to a Production Facility Area shall be approximately 20 feet in width and shall be reflected on Exhibit "B". Operator shall have the right to move, maintain, repair and operate derricks, drilling tools, vehicles and other machinery and equipment necessary or incident to the drilling, testing, completion or operation of all Drill Site Areas and Production Facility Areas. 3. Other Damages. If by any reasons resulting from the operations of Operator, there is damage to real or personal property upon the Property which is not associated with usual and customary operations, such as (but not limited to) damage to livestock, structures, buildings, fences, culverts, cement ditches, irrigation systems, and natural water ways, such damage will be repaired or replaced by Operator, or Operator will pay reasonable compensation to Owner for such additional damage. 4. Operational Restrictions. In conducting its operations on the Property, Operator shall use its best efforts to keep the Drill Site Areas and Production Facility areas free of weeds and debris. Upon prior notice to Operator, Owner shall have the right to install, from time to time, such berms, screening and landscaping as may be reasonable to Owner to screen any Production Facility Area and any production equipment, at its sole cost and expense, as long as it does not result in the increased risk to the health and safety of Operator's employees or others, and does not interfere with the operation and production and access to the well 5. Relocation. Owner may from time to time, request that Operator move, at Owner's expense (paid in advance), flow lines, roads and production equipment to enable Owner to better utilize, in Owner's reasonable judgment, the surface of the Property. Movement of such flow lines, roads and production equipment is conditioned upon Operator's reasonable determination that such movement will not result in increased risk to the health and safety of Operator's employees or others, and will not have a significant adverse effect on Operator's ability to produce the affected well. 6. Land Development. Operator acknowledges that is the intent of Owner to further develop the surface of the Property and adjacent property, and Operator shall use commercially reasonable efforts in the conduct of all operations pursuant to this Agreement to accommodate such use and development, and to conduct its operations in such a way as not to interfere with such use and development. Owner acknowledges that it is the intent of Operator to conduct further drilling and production operations on specified portions of the Property, referenced on Exhibit "B", and Owner shall use commercially reasonable efforts in its use and development of the surface so as not to interfere with such drilling and production operations. 7. Cooperation. Owner agrees to cooperate with Operator, at Operator's request, in Operator's effort to seek approval by Weld County or the State of Colorado, of the proposed oil and gas development on the Property and join in the execution of any consents or other documents necessary to permit Operator to pursue such approvals (subject, however, to the condition that the proposed operation must be consistent with the terms and conditions of the Agreement). 8. Governing Law. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado. 9. Default Remedies. The parties to this Agreement acknowledge and declare that it would be impossible or difficult to measure in money the damages which would accrue to either party by reason of the failure of the other party to perform its obligations as set forth herein. Therefore, should any dispute arise or any action be instituted by either party to this Agreement, to enforce the provisions of this Agreement, it is agreed that this Agreement shall be enforceable in a court of equity by decree of specific performance, and also that appropriate injunctions may be issued. Each of the parties hereto waives, for itself and its successors and assigns, any claim or defense that an adequate remedy exists in law. The remedies provided herein shall be cumulative, and not exclusive, and shall be in addition to any other remedies available to a non-defaulting party. In the event it is necessary for any party to engage in the services of legal counsel in order to enforce or defend its rights hereunder, the prevailing party in any such proceedings shall be entitle to an award of its reasonable costs and expenses (including attorneys' fees). 10. Assignment. This Agreement shall be assignable, in whole or in part, by either party, subject to the following: A. Operator shall assign its interest in the Oil and Gas Lease(s) covering the subject property only following written disclosure to the assignee of this Agreement, and such assignment shall be expressly subject to all terms and conditions of this Agreement, and the assumption by assignee of all obligations of Operator under this Agreement. B. Owner may assign an interest in this Agreement only in connection with the conveyance of all or any portion of the Property, and then only insofar as the Agreement pertains to that portion of the Property so conveyed. Owner shall make any such assignment only following written disclosure to the assignee of the existence of this Agreement, and such assignment shall be expressly subject to all terms and conditions of this Agreement (whether or not so stated therein) and the assumption by assignee of all obligations of Owner under this Agreement(whether or not so stated therein). 11. Headings. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit to the successors and assigns of the parties, and may be executed in counterparts. s: C/av�os F & G Lands LLC Date Magpie-Operating, Inc. Date Date: July 18th, 2005 To: Weld County Planning Commission, From: Jeff & Teresa Beemer 1850 East Highway 60 Loveland, CO 80537 Re: Planning Hearing 7-20-05 Docket # 2005-53 Applicant: Francisco Garcia 1959 Blanca Court Loveland, Colorado 80538 Dear Planning Commission Members. We would like to comment on the hearing for the proposal to create 8 residential lots on property located very close to the property which we own in Weld County just off Highway 60. We own 8 acres just to the west of WCR 5 and south of Highway 60. The land around us is predominately used for agricultural purposes with limited residential acreages starting to be developed. We understand the commission is being asked to consider approving an additional 4 lots (total of 8) on the land near ours. Our stance on this type of development is that the use of the land will continue to evolve over time and the land owners have the right to follow the rules of Weld County and the state of Colorado when considering the use of their land. This is an undeniable fact in the area we live in. It is also our belief that the land owners should be required to follow the guidelines and rules the county and state have established in terms of sub-dividing their property. It is our understanding that land owners are allowed to sub-divide their property in half every ten years . We have used our property for Agricultural purposes for the 9.75 years we have lived here. We have livestock and will continue to maintain a lifestyle with the animals in the future. We want to insure that current land owners understand we have been raising livestock and will continue to use our land for agricultural purposes as long as we live here. We would like the commissioners to consider all aspects of the proposal to insure it meets the Weld County guidelines and does not go against the 10 year guideline for sub-dividing land in Colorado. Thank you for your time. Regards, Jeff & Teresa Beemer $$ EXHIBIT BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 5, 2005 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD WITH ESTATE USES FOR EIGHT (8) RESIDENTIAL LOTS, ONE (1) LOT WITH AGRICULTURAL ZONE USES ALONG WITH 11.2 ACRES OF COMMON OPEN SPACE (LAS HACIENDAS PUD) KIM OGLE Name of Person Posting Sign Sig t / e oTerson Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD cvl i The foregoing instrument was subscribed and sworn to me this d day of ., ( �t,h , 2005. WITNESS my hand and official seal. cie N taryPublic 4rcf 14-4 ~CA a !e My Commission Expires: I(-• I L I t- 1 E� EXHIBIT 1 p 4teo58 rr . ` W HEARI''. 4103-. :Hifit. -Y. NG CONCERNING ' " I�iMM4 s,R! In � -♦ 20 a*T _ -, -: ' :'ta$4., 41$4,::- ' ,,,, - ,-,,ilk______torainAna, .44011111r -s , . .,..,... , . . . , ,, ..-***F- � r + c-. t�} BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS AUGUST 2, 2005 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A CHANGE OF ZONE FROM A (AGRICULTURAL) TO PUD WITH ESTATE USES FOR EIGHT (8) RESIDENTIAL LOTS, ONE (1) LOT WITH AGRICULTURAL ZONE USES ALONG WITH 11.2 ACRES OF COMMON OPEN SPACE (LAS HACIENDAS PUD) VONEEN MACKLIN Name of Person Posting Sign pp f Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this I day of , 2005. WITNESS my hand and official seal. J ,I,(`--E" i [1, t1 i BILLIE J. 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