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KERR-McGEE ROCKY MOUNTAIN'GofiROJ,emOty . ({ ,
1999 BROADWAY,SUITE 3600 • DENVER,COLORADO 80202 {�-V'� .a.;7 ; (] I it C�
August 17, 2005 DEC
PHONE: 303-296-3600
FAX: 303-296-3601
VIA FACSIMILE AND U.S. MAIL
Weld County Board of Commissioners
915 10`h Street
Greeley, Colorado 80631
Re: Pheasant Meadows
Site Specific Development Plan ME #1056
Pickett Engineering, Inc., Applicant
Township 5 North, Range 64 West of the 6th P.M.
Section 3: W/2 NW/4 (the "Property")
Weld County, Colorado
Dear Board Members,..
•
The purpose of this letter is to inform you that Kerr-McGee's oil and gas rights may be
adversely affected by the Pheasant Meadows development currently proposed by Pickett
Engineering,Inc: L It-is my understanding that an initial public hearing=on"Pickett Engineering's
application for site specificdevelopment plan approval is scheduled for Wednesday, August 17,
2005.
Kerr-McGee owns interest in the oil and gas leasehold estate in the northwest quarter of
Section 3, Township 5 North, Range 64 West. This real property interest, which has been recorded,
entitles Kerr-McGee to produce oil and gas from these lands. Kerr-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-3, Township;5,North, Range 64 Westi 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
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(�0inn! ,vyevt-jrox. 2005-2507
Weld County Board of Commissioners
August 17, 2005
Page 2
valuable property rights in Section 3, Township 5 North, Range 64 West. Kerr-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 Mountain Corporation
Terry D. En .gh
Landman S ist
cc: Pickett Engineering, Inc., Applicant (by facsimile and U.S. mail)
James P. Wason—Kerr-McGee Rocky Mountain Corporation
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