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Home My WebLink About20050059.tiff DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 WI I FAX (970) 304-6498 C. VGREELEY, COLORADO8063E1 COLORADO November 18, 2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1483 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 17, 2004, at 1:30 p.m., in the Hearing Room, South Weld County Planning Department, 4209 CR 24 'A, Longmont, Colorado concerning the request of: NAME: Martin & Berta Gutierrez FOR: A Site Specific Development Plan and Special Review Permit for a Recreational facilities and uses including race tracks and race courses (horse racing) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lots A & B RE-3375; Pt of the E2 Section 28, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION:Approximately 200 feet West of CR 31; approximately 1/4 mile South of CR 18. 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 Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. 2005-0059 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER The attached are labels for Case USR-1483 of the mineral and surface owners for both parcels. CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR- 1483in the United States Mail,postage prepaid First Class Mail by letter as addressed on the attached list this 21st day of June, 2004. Voneen Macklin GUTIERREZ GLOVER CROMWELL 7717 CR 31 7241 CR 31 5740 OLIVE ST FORT LUPTON CO 80621 FORT LUPTON CO 80621 COMMERCE CITY CO 80022 FARRELL HOLTON BIRD 8145 W 71ST AVE 426 S. OSCEOLA 9477 HWY 392 ARVADA CO 80004 DENVER CO 80219 WINDSOR CO 80550 KERR MCGEE PATINA MERIT ENERGY JOE LORENZO DAVID SIPLE JANA RALLS 1999 BROADWAY STE. 3600 1625 BROADWAY STE 2000 13727 NOEL ROAD STE. 500 DENVER CO 80202 DENVER CO 80202 DALLAS TX 75240 ENCANA FAWCETT MATHEWS ROBERT BRAM 15024 MARY AVE 15075 HIGGINS AVE 950 17TH ST. STE 2600 FORT LUPTON CO 80621 FORT LUPTON CO 80621 DENVER CO 80202 MCQUERY PRESLEY PUBLIC SERVICE 14519 CR 16 7522 CR 31 TAX COMM FORT LUPTON CO 80621 FORT LUPTON CO 80621 RIGGS COGBURN GOODRO 15025 MARY AVE 1112 BROSS ST 15020 DAKE AVE FORT LUPTON CO 80621 LONGMONT CO 80501 FORT LUPTON CO 80621 MAIER SCHRIMPSCHER SEC. OF VETERAN AFFAIRS 4605 REED 108 E 109 PLACE 1099 18TH ST#1600 WHEAT RIDGE CO 80033 NORTHGLENN CO 80231 DENVER CO 80202 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE p 7C Property Legal Description: ( T a,,2- vt d _ 2 - 61.O h_o I A RtC g kE rn tor ( 3 .375- EX() o6 T Parcel Number r1 n n �1 - -E1 El- "t J 1 8 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, 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 property (the surface estate) within five hundred (500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor,or an ownership update from a title or abstract company, or an attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application's submission date. By: Title: The foregoing instrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: • Notary Public -12- Identify Results Page 1 of 1 Parcel Valuation Account#: R2202803 Parcel*: 130928100058 ^`owners Name&Address: Property Address: UTIERREZ MARTIN & Street: 7717 COUNTY RD 31 City: FORT LUPTON, CO 80621-4036 Business/Complex: Legal Description PT E2 28-2-66 LOT A REC EXEMPT RE-3375 EXC OG&M Land Value $0 Land Assessed Value $0 Impr. Value $2 Impr. Assessed Value $2 Total Value $0 Total Assessed Value $0 Total Taxes: $0.00 Amount Due: $0.00 Tax Area: �mm Bordering County: Township Range Section Quart. Sec. Subdivison Name Block* Lot* 02 - 66 - 28 - 1 - - Sale Price Sale Date Deed Type Reception# $0 http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=130928100058&... 7/30/03 AFFIDAVIT OF INTERESTED—ND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE ubject Parcel: 130928100058 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 apping site http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the ecords of Weld County Assessor was assembled within thirty days of the application's submission date. :e-e4 Signa e q. Date Property Owners Within 500 ft. of Parcel# 130928100058 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION ft 15024 MARY AVE FAWCETT KEN D 130927221006 FT LUPTON,CO 80621 7717 COUNTY RD 31 GUTIERREZ MARTIN& 130928100059 FORT LUPTON,CO 80621-4036 15075 HIGGINS AVE MATHEWS M K 130927300005 FT LUPTON,CO 80621-4008 14519 COUNTY RD 16 MCQUEARY WILLIAM I SR& ANN 130928400051 FT LUPTON,CO 80621 7522 WELD CO RD 31 PRESLEY ROBERT F & JANET C & 130927221005 FT LUPTON,CO 80621 PUBLIC SERVICE CO TAX COMM 130928000053 15025 MARY AVE RIGGS BELINDA 130927220001 FT LUPTON,CO 80621 P O BOX 758 WELD COUNTY 130928000052 GREELEY,CO 80632 http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=130928100058&Part=130928000... 7/30/03 ;Weld County, Colorado Page 1 of 2 Weld County, Colorado 71 s. 14 52 71 `' w34,...,.. 4). '2KK*34;3M5V5"C4:8:feteijMEMO2iii:i*;:rojiK'& $g. j w rsN. ;s' lit a ::: s s� 88§ s3 r; 6� r � � s.S # �; twit y x.ttsc b-< zy ". m Ef x � xy l s Qx3 L : T r is '£ tiio +fr . r'x _(, :WddCeuii{yy.t.IeI . r s s KK' s /0-fl CRES http://maps.merri ck.com/servl miservlet/com.esri.esrimap.Esnmap.esri map.Esri m ap??Service ceName=weldovr&Form=True&Enco... 7/30/03 Wield County, Colorado Page 2 of 2 Legend St$ecfed_f telures s+is.eviitoPuXxaos sx theeuffer.Ysrrisi OCswniyeJardm Cagy Lgreks. MO-Al £4ilR�R�(d'J C :1 ...J.r, z':^ttaexa t•\1� GH evr xsy, A �n� ` R5YN.(I r i r'nrszn l:i.(.M.it, Meal L4 i}aj,�n, r?: . rieiv'r(aE:rex Lij Nix?, nrum... o+r..SeawY,rdd P:lioiraarapfiy Iiafn Res.) Rlioltigiep3iy Gil";R>.+a,) 130928100058 GUTIERREZ MARTIN& " 7717 COUNTY RD 31 Total Taxes: $0.00 Amount Due: $0.00 IFORT LUPTON, CO 80621-4036 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=True&Enco... 7/30/03 AFFIDAVIT OF INTEREST OWNERS .-. SURFACE ESTATE Property Legal Description: PT £2 „Ak- ;24 & (2- fzemPr - 337.E £, xe vactm63:s60) Parcel Number f/ I f1 ri 9 _ Z R 4 f- _ 0 J`1 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, It additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, 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 property (the surface estate) within five hundred (500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or an ownership jpdate from a title or abstract company, or an attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application's submission date. By: Title: The foregoing instrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: • Notary Public -12- Identify Results Page 1 of 1 Parcel Valuation Accounts: 82202903 Parcel*: 130928100059 'wners Name&Address: Property Address: JTIERREZ MARTIN & Street: WELD 1717 COUNTY RD 31 City:WELD FORT LUPTON, CO 80621-4036 Business/Complex: Legal Description PT E2 28-2-66 LOT B REC EXEMPT RE-3375 EXC OG&M (13.50D) Land Value $0 Land Assessed Value $0 Impr. Value $0 Impr. Assessed Value $0. Total Value $0 Total Assessed Value $0 Total Taxes: $0.00 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block* Lot* 02 - 66- 28 - 1 - - Sale Price Sale Date Deed Tvpe Reception* $0 http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=130928100059&... 7/30/03 AFFIDAVIT OF INTERESTED"ND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE object Parcel: 130928100059 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 Interne Mapping sit , http://www.co.weld.co.us, and has not been modified from the original. The list compiled from records of e Weld County Assessor was assembled within thirty days of the application's submission date. API Legg- Sign re S'-3 -O q Date Property Owners Within 500 ft. of Parcel# 130928100059 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 1112 BROSS ST COBURN CLEMEMTINE 130928000002 LONGMONT,CO 80501 15024 MARY AVE NFAWCETT KEN D 130927221006 FT LUPTON,CO 80621 15020 DALE AVE GOODRO FLOYD & 130927212001 FORT LUPTON,CO 80621 7717 COUNTY RD 31 'IGUTIERREZ MARTIN& 130928100058 FORT LUPTON,CO 80621-4036 4605 REED MAIER GERHARD & 130928100056 WHEAT RIDGE,CO 80033 4605 REED MAIER GERHARD & 130928100057 WHEAT RIDGE,CO 80033 15075 HIGGINS AVE 'N MATHEWS M K 130927300005 FT LUPTON,CO 80621-4008 14519 COUNTY RD 16 \ MCQUEARY WILLIAM I SR& ANN 130928400051 FT LUPTON,CO 80621 7522 WELD CO RD 31 J-.?RESLEY ROBERT F & JANET C & 130927221005 FT LUPTON,CO 80621 \PUBLIC SERVICE CO 130928000053 TAX COMM http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=130928100059&Part=130928000... 7/30/03 AFFIDAVIT OF INTERESTED ND OWNERS Page 2 of 2 PUBLIC SERVICE CO OF COLO 130928000018 TAX COMM, 15025 MARY AVE RIGGS BELINDA 130927220001 FT LUPTON,CO 80621 108E 109 PL SCHRIMPSCHER GARY L 130927213001 NORTHGLENN,CO 80231 1099 18 ST#1600 SECRETARY OF VETERANS AFFAIRS 130927205001 DENVER,CO 80202 P O BOX 758 WELD COUNTY 130928000052 GREELEY,CO 80632 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=130928100059&Par1=130928000... 7/30/03 r ' ENCANA EnCana Energy Resources Inc. 950 17th Street tae (303)623-2300 Suite 2600 tee: (303)623-2400 Denver CO USA 80202 March 26, 2004 www.encana.com Martin and Berta Gutierrez dba El Caporal Boarding and Training 7717 WCR 31 Ft. Lupton, CO 80621 Re: Facility Waiver T2N, R66W Sec. 28: Lot B of recorded exemption#1309-28-RE177 recorded in bk. 738,rec. #1660263, 59.69 acres, m/1 in S/2NE/4 and N/2SE/4 Weld County, CO Dear Mr. and Mrs. Gutierrez, This letter is in response to your request that EnCana Energy Resources Inc. ("EnCana") provide you with a letter stating that it has no objections to your plan to place various types of facilities and accoutrements on your land, referenced above (the"Property"), relating to your desire to operate a commercial horse facility for various activities associated with horsemanship. It is our understanding that your request to us is made in connection with your applications for a building permit and a commercial license. EnCana owns the mineral interest underlying the Property and operates an oil and gas well and related production facilities adjacent to the proposed location for your facilities. EnCana has no objection to the presence of your proposed facilities, subject to the following terms and conditions: 1. You agree to release, defend, indemnify and hold EnCana harmless from and against any loss, cost, damage or expense of every kind and nature (including, without limitation, fines, penalties, remedial obligations, court costs and expenses and reasonable attorneys' fees, including attorneys' fees incurred in the enforcement of this indemnity provision) in any manner caused by, directly or indirectly resulting from, incident to, connected with or arising out of your activities on the Property. 2. You agree to keep access clear to the oil and gas production facility at all times in order that EnCana personnel may access. In the event of an emergency, or upon 24 hours notice, you agree to make sure access to the production facility is sufficiently clear to accommodate service equipment, vehicles and rigs used to perform operations on the production site. Trade Mark of EnCana Corporation.Used under license. r"3/4\ r*, • March 26, 2004 Page 2 feN 3. You agree to use your best efforts to keep unauthorized persons off of EnCana's fences, gates and out of EnCana's fenced area and facilities at all times. 4. Firearms and fireworks of any kind will not be used in such a manner to endanger the tank battery, wellhead facility, separator or other production equipment, or any employees, agents or contractors of EnCana. This letter is not intended to waive or diminish EnCana's right to use the surface of the Property for its current operations or for additional drilling or production operations. If the foregoing is acceptable to you, please sign both originals below and return one in the enclosed envelope. If you have any questions or comments, please call me at (720) 956-3584. Very truly yours, ENCANA ENERGY RESOURCES INC. Robert J. Bram Land Negotiator AGREED TO AND ACCEPTED THIS 3m-- DAY OF ttkat, 2004. MARTIN GUTIERREZ AND BERTA GUTIERREZ, doing business as EL CAPORAL TRAINING & BOARDING fit Ate- ad _ _ Ma in Gutierr Berta A. Gutierrez /rjb ENCANA. EnCana Oil&Gas(USA)Inc. AGREEMENT This Agreement is made and entered into effective this_day of March 2004 and is by and between MERIT ENERGY COMPANY, a Delaware corporation with an office located at 1313 North Denver Avenue, Building #3, Ft. Lupton, Colorado 80621 ("Merit") and MARTIN GUTIERREZ, individually and d/b/a El Caporal Boarding and Training, Colorado Secretary of State Registration Number L 14-42084-0000, whose address is 7717 WRC 31, Ft. Lupton, Colorado 80621 (collectively "Gutierrez"). RECITALS A. Merit is the operator of the Angela#42-28 Well located in the SE/4NE/4 of Section 28, T2N, R66W, 6`" PM, Weld County, Colorado (the "Well"). B. The Well is located 1980 feet FNL and 500 feet FEL of said Section 28. C. Gutierrez is in the process of developing the surface of S/2NE/4 of Section 28 (the"Property") as a horse racing, boarding and training facility that is in the immediate vicinity of the Well and the production facility for the Well. D. Merit and Gutierrez are entering into this Agreement to define their relative rights with respect to the use of the surface of the Property. AGREEMENT 1. Merit hereby agrees that Gutierrez may use the surface of the Property for a vehicle parking area and a horse trailer parking area at the locations described as such on Exhibit A attached hereto. Access to the parking areas shall be from Weld County Road 31 at the location depicted on Exhibit A, then northeast along the identified access road to a point immediately east and south of the production facility for the Well at the location depicted on Exhibit A, then north along the on the designated route on Exhibit A to the road marked "assess road" and then east to the parking lots. 2. Gutierrez hereby agrees to indemnify Merit, its officers, directors, shareholders, affiliates, subsidiaries, members, managers, employees, agents and successors and assigns, from and against any and all liabilities, claims, causes of action, expenses, including reasonable attorney's fees, expert witness fees, and the costs and expenses litigation, arbitration or other form of dispute resolution as may be agreed, suffered or incurred by Merit based upon or in any way connected to the use of the surface of the Property by Gutierrez or the failure by Gutierrez to comply with the applicable rules of the state of Colorado and Weld County, Colorado. 3. While this Agreement remains in effect, Gutierrez shall obtain and maintain liability insurance on the Property for and against all claims for personal injury or property damage in an amount not less than One Million Dollars ($1,000,000) for injury to or death of any person and One Million Dollars ($1,000,000) with respect to property damage which may arise out of accidents or injuries occurring on the Property. 4. For the safety of those persons and property who occupy the surface of the Property as a result of the use thereof by Gutierrez, Gutierrez hereby agrees not to permit any persons or property to be located closer than 100 feet of the wellhead of the Well or within 100 feet of the production facility for the Well. Merit shall install and maintain, at the sole cost and expense of Gutierrez, all fences, gates and locks around the Well and the related production facility, as Merit deems necessary to ensure that persons occupying the surface as a result of the use thereof by Gutierrez cannot interfere with the Well and its production facility. Gutierrez will pay Merit in advance for the costs to be incurred by Merit for the installation of the fences, gates and locks referred to above as a condition to this Agreement becoming effective. Within 90 days of the execution of this Agreement by Merit and Gutierrez, Merit will submit its invoice for the costs of the fences, gates and locks and Gutierrez will pay the amount of that invoice within 10 days. Merit's invoice will include all third party charges to be incurred by Merit in connection with the installation of the fences, gates and locks, the wages and benefits of any Merit employees engaged in the construction and installation of the same and a reasonable charge for supervision in an amount equal to ten percent (10%) of the foregoing. If Gutierrez fails to pay the invoice as set forth above, this Agreement shall terminate and be of no further force or effect and Merit will so notify Gutierrez and Weld County of the termination of the same. 5. Gutierrez agrees that damages will be difficult to assess if Gutierrez violates the terms of this Agreement. Consequently, Gutierrez agrees that Merit is entitled to injunctive relief in addition to any monetary damages caused by a breach by a breach of this Agreement by Gutierrez. IN WITNESS WHEREOF, Merit and Gutierrez have executed this Agreement effective as of the date and year first above written. Merit Ener ny Martin Gutierrez Individually and d/b/a El By: l�!• Caporal Boa i and Trai g Fred Diem �Vice President By: �, Martin Gu i-' ez ENCANATM ,---, EnCana Energy Resources Inc. 950 17th Street rei (303)623-2300 Suite 2600 fax (303)623-2400 Denver CO USA 80202 www.encana.com May 3, 2004 Mr. Kim Ogle Weld County Department of Planning Services 1555 No. 17th Ave. Greeley, CO 80631 Re: Mineral interest parties Application of Martin Gutierrez T2N, R66W 28: 59.69 acres in S/2NE/4,N/2SE/4 Weld County, CO Dear Mr. Ogle, Attached is a list of mineral interest and leasehold interest owners appearing in EnCana Energy Resources Inc.'s records for this tract of land. This information is provided in relation to the application of Mr. Martin Gutierrez for development of a horse facility on his property. The data contained herein is for informational purposes only and comes with no warranty of any kind or character whatsoever. Please let me know if I can be of further assistance in this matter. My direct line is (720) 956-3584. Very truly yours, ENCANA ENERGY RESOURCES INC. Robert J. Bram Land Negotiator Attachment V Mr.Martin Gutierrez 7717 WCR 31 Ft. Lupton, CO 80621-4082 /rjb r'^ • "Trade Mark of EnCana Corporation.Used under license. /as Weld County Dept.of Planning Services May 3,2004 Page two of two MINERAL INTEREST OWNERS Martin and Berta Gutierrez John Michael Farrell 7717 WCR 31 8145 W. 71st Ave. Ft. Lupton, CO 80621-4082 Arvada, CO 80004 Jonathon M. Glover Nancy Holton 7241 WCR 31 426 So. Osceola Ft. Lupton, CO 80621 Denver, CO 80219 Gracie Cromwell Dorothy Bird 5740 Olive St. 9477 Hwy. 392 Commerce City, CO 80022 Windsor, CO 80550 LEASEHOLD OWNERS Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, CO 80202 Attn: Joe Lorenzo Patina Oil &Gas Corporation 1625 Broadway, Suite 2000 Denver, CO 80202 Attn: David Siple Merit Energy Corporation 13727 Noel Road, Suite 500 Dallas,TX 75240 Attn: Jana Ralls EnCana Energy Resources Inc. 950 Seventeenth Street, Suite 2600 Denver, CO 80202 Attn: Robert Bram ENCANA.. 'Trade Mark of EnCana Corporetion.Used under M1aense- Hello