HomeMy WebLinkAbout20050075 �- ttDEPARTMENT OF PLANNING SERVICES
T PHONE (970)353-6100, EXT.3540
I FAX (970) 304-6498
918 10'" Street
C. GREELEY, COLORADO 80631
COLORADO
September 23, 2004
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: MZ-1056
There will be a Public Hearing before the Weld County Planning Commission on Tuesday,December 7,2004,
at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado
concerning the request of:
NAME: Francisco Granados
FOR: A Minor Subdivision Change of Zone from the Agricultural(A)Zone District to Estate(E)Zone District
for four(4) residential lots .
LEGAL DESCRIPTION: Lot B of RE-2916; being part of the W2NW4 Section 3, T5N, R64W of the 6th
P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 60 '1/2, East of and adjacent to Hwy 37.
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
Michelle Martin, Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 918 10'"Street, Greeley, Colorado 80631, on or before the date of public
hearing.
For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda
Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is
being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information.
2005-0075
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNER
KERR MCGEE
CHRIS GRENEAUX
1999 BROADWAY
SUITE 3600
DENVER CO 80202
GRANADOS
3434 CODY AVE
EVANS CO 80620
CORLISS
PO BOX 691
KERSEY CO 80644-0691
KRAMER
27465 CR 60.5
GREELEY CO 80631
LLOYD
PO BOX 158
GILL CO 80624
MILLAGE BROTHERS
22744 CR 59
KERSEY CO 80644
STOUT
27466 CR 62
GREELEY CO 80631
WRIGHT
1226 LORNEWOOD DR
VALRICO FL 33594
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 MZ-
1056 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list
this 241h day of SEPTEMBER, 2004.
Voneen Macklin
AFFIDAVIT OF INTERESTFL) LAND OWNERS r Page 1 of 1
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 096303000007
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
7.7 3-07
Date
Property Owners Within 500 ft. of Parcel# 096303000007
NAME I MAILING ADDRESS I PARCEL IDENTIFICATION #
PO BOX 691
CORLISS DIANN K& HERBERT D 096304000003
KERSEY,CO 80644-0691
27465 WELD CO RD 60-1/2
KRAMER ROBERT J & DAPHNE W 096303000048
GREELEY,CO 80631
PO BOX 158
LLOYD-CUMLEY MARY A 096304000002
GILL,CO 80624
22744 WELD CO RD 59
MILLAGE BROTHERS INC 096304000009
KERSEY,CO 80644
22744 WELD CO RD 59
MILLAGE BROTHERS INC 096303000037
KERSEY,CO 80644
27466 WELD CO RD 62
STOUT DAIRY 096303000085
GREELEY,CO 80631
1226 LORNEWOOD DR
WRIGHT ANDREA K 096303000006
VALRICO,FL 33594
http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=0963 03 000007&Par 1=... 9/9/2004
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Property Legal Description: Lot B, RE 2916
Parcel Number 0 9 6 3 _ 0 3 _ 0 _ 0 0 _ 0 0 7
(12 digit number-found on Tax I.D.Infonnadon,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 addtional sheet)
STATE OF COLORADO
) ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge,the attached list
is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records bya person
qualified to do the task, and shall be current as of a date more than thity (30) days prior to the date the application
is submitted to the Department of Planning Services. Note:MineralNotification is in addition to that requied by C.R.S.
24-65.5-102 through 104.
By: ,trca-ts ran '
Title:_ Ochin e
The foregoing hstrument was subscribed and sworn to me this L _day of Selipfe- (-?e?(, _
WITNESS my hand and official seal.
. _ PIM
My Commission Expires: _L3tot2 L ' 0,:•" "'•••tie/C
2
JENNIFER _^ blic
? C tary ublic
tn'•,
' aFcoy..
/'� -12-
Mineral Owners & Mineral Lessees
Pheasant Meadow Minor Subdivision
Name Address Type Parcel#
Francisco Granados 3434 Cody Ave. Mineral Owner 0963-03-0-00-007
Evans, CO 80620
Kerr-McGee RMC 1999 Broadway
Attn: Christopher J. Greneaux, Ste. 3600 Mineral Lessee 0963-03-0-00-007
Landman Denver, CO 80202
The above list was compiled from records of the County Assessor and the Title Abstract.
I certify that the above list of mineral owners and mineral lessees was compiled within 30
days of the submittal of the Change of Zone application.
-Francisco Granados, Owner Date
Nov 22 04 03: 07p Pickett#Engineering, #Inc. 970-356-6486 p. 2
November 19, 2004
Weld County Planning
918 l0`° Street
Greeley, Colorado 80631
RE: Mineral Rights Notification
Pheasant Meadow Subdivision, #MK1056
PEI No. 03-033
To Whom It May Concern:
I was recently informed that the Planning Commission meeting for case #lvK1056,
Pheasant Meadow Minor Subdivision, is to be held on December 7, 2004. As the
mineral owner of the property, I am aware that I am entitled to receive 30-days' notice
of the meeting prior to the date.
Nonetheless, as I have been aware of the meeting date for some time, please accept this
letter as my waiver for the 30-days' notice, and allow the Planning Commission
meeting to occur on December 7, as scheduled.
Sincerely,
Francisco Granados
Owner
Pheasant Meadow Subdivision
ifg
Nov 22 04 03: 07p PickettflEngineering, #Inc. 970-356-6486 p. 3
HUV.ce.eno4 IUW4HP1 KtKK_MUUtt nv.ivo r.cuc
•
Km KERR-MCGEE ROCKY MOUNTAIN CORPORATION -Is �'�
1000 BROAOWAY,BUITh 3000•OI IW commix)
A.OO0022
November 19,2004
PHONE: 000.000.:M00
FAX: 000-200.3001
Delivered via facsimile(970-356-6486)
R.Clayton Harrison
Pickett Engineering,Inc.
808 8th Street
Greeley, CO 80631
Re: Pheasant Meadows
Township 5 North.Ranee 64 West
Section 3: W/2NW/4
Weld County,Colorado
Dear Mr. Harrison:
Kerr-McGee Rocky Mountain Corporation has been notified of a Public Hearing
scheduled for December 7, 2004,before the Weld County Planning Commission
regarding the captioned development project. As a lessee of mineral rights on the land
being considered for the Change of Zone,Kerr-McGee hereby waives its right to be
notified at least 30 days prior to the Planning Commission Public Hearing scheduled for
December 7,2004. Kerr-McGee does not waive its right to receive figure notices
regarding public hearings for this development in accordance with applicable law.
Kerr-McGee has reached a mutually acceptable Surface Use Agreement with the
applicant and has no objections to the proposed application. If you have any questions,
please contact rue at 7p-264-2627.
Very truly yours,
Kerr-McGee Rocky Mountain Corporation
Christopher 1. Grenea
Landman
O3 -o S3
K%1F.) KERR-MCGEE ROCKY MOUNTAIN CORPORATION
1999 BROADWAY.SUITE 3600 • DENVER,COLORADO 60202
PHONE: 303-296-3600
FAX: 303.296.3601
October 6, 2004
Mr. R. Clayton Harrison, PE
Pickett Engineering, Inc.
808 8`h Street
Greeley, CO 80631
Re: Surface Use Agreement
Pheasant Meadow Subdivision
Township 5 North, Range 64 West, 6th Y.M.
Section 3: W/2NW/4 (the "Property")
Weld County, Colorado
Dear Mr. Harrison:
Per Chris Greneaux's fax sent to you on September 9, 2004, please find enclosed
a copy of the recorded Surface Use Agreement between Kerr-McGee Rocky Mountain
Corporation and Francisco Granados dated September 1, 2004 covering the above
referenced property.
Very truly yours,
Kerr-McGee Rocky Mountain Corporation
Lisa . S(hiel
Associate Land Analyst
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1 1111111111111111 11111 111111 11 11111111 11111111 1111 1111 =' ORDER'S MEMORANDUM
-486 3220286 09/20/2004 01:25P Weld County, CO l M S DOCUMENT WAS FOUND
1 of 7 R 36.00 0 0.00 Steve Moreno Clerk& Recorder •'.a 3E INADEQUATE FOR
`;CANNING PURPOSES.
SURFACE USE AGREEMENT
This Surface Use Agreement ("Agreement") is made and entered into this I f day of
September, 2004, by and between Kerr-McGee Rocky Mountain Corporation ("KMG") with an
address of 1999 Broadway, Suite 3600, Denver, CO 80202, and Francisco Granados ("Surface
Owner"), with an address of 3434 Cody Avenue, Evans, CO 80620. KMG and Surface Owner
may be referred to herein individually as a"Party", or collectively as the"Parties".
Recitals
A. Surface Owner owns the surface estate of that certain tract of land more
particularly described on Exhibit "A" attached hereto, being a portion of the W/2NW/4 of
Section 3, Township 5 North, Range 64 West, Weld County, Colorado (hereinafter referred to as
the "Property");
B. Surface ownership of the Property is subject to the rights of the oil and gas
leasehold estate, all or a portion of which is owned by KMG;
C. Surface Owner plans to develop the surface of the Property as a residential
subdivision known as "Pheasant Meadow Subdivision";
D. KMG currently operates two oil and gas wells ("Existing Wells") and has the right
to develop its oil and gas leasehold estate by drilling additional wells on the Property ("Future
Wells" and together with the Existing Wells, the "Wells"); and
E. This Agreement sets forth the Parties' rights and obligations regarding the
relationship between the development of the Property by Surface Owner and KMG's operation
and development of its oil and gas leasehold estate, such rights and obligations to be binding
upon the Parties' successors and assigns.
Agreement
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. Well Locations. KMG agrees to limit its oil and gas operations conducted in
connection with the Wells, including, but not limited to, lease operating activities, workovers,
drilling, deepenings, and fracturing, to those locations identified on Exhibit "A" as the "Oil and
Gas Operations Areas". KMG shall have the right to drill Future Wells within the Oil and Gas
Operations Areas, including the drilling of twinned wells, and horizontal and directional wells
that produce from and drain the Property as well as lands which are pooled or communitized
with the Property. Any future well drilled within the Oil and Gas Operations Areas shall be
located a minimum of 150' from the proposed building envelopes as shown on Exhibit"A".
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2. Production Facilities. KMG shall have the right to locate, build, repair and
maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate
or convenient for the operation and production of any Wells, only within the Oil and Gas
Operations Areas.
3. Access. Surface Owner shall provide to KMG all necessary easements for access
to Oil and Gas Operations Areas. Such access shall be from within the easements shown on
Exhibit "A" or as otherwise mutually agreed upon by the Parties. KMG is assured of
uninterruped access to all of the Oil and Gas Operations Areas, and no access road may be closed
to KMG until an acceptable replacement or alternate route is available for use. Any access road
that is anticipated to be constructed by Surface Owner at Surface Owner's sole cost and expense
as part of Surface Owner's development of the Property shall be of sufficient scope to allow
KMG to conduct its oil and gas operations, shall be at least 30 feet in width and shall be built to
withstand a minimum of 104,000 pounds and 26,000 pounds per axle.
4. Flowlines and Pipelines. KMG has the right to maintain or replace any and all
existing flowlines and pipelines currently being utilized in connection with the Existing Wells on
the Property. In addition, Surface Owner shall provide to KMG all necessary easements to lay
additional flowlines or pipelines to service Future Wells on the Property, at the locations shown
on Exhibit "A" or such other locations as mutually agreed upon by the Parties. All flowlines and
pipeline easements shall be fifty feet during construction and thirty feet thereafter. KMG shall
locate its flowlines or pipelines at a depth of approximately 48 inches from the surface. The
construction and burying of additional flowlines and pipelines shall be at the sole cost and
expense of KMG or its gas purchaser. Should Surface Owner request any future or additional
relocation of existing flowlines or pipelines, or request relocation of any flowlines or pipelines
hereinafter constructed on the Property, and KMG agrees to such relocation, Surface Owner shall
be responsible for any and all relocation costs.
Surface Owner shall be entitled to reserve the right to grant easements to utility
companies and Surface Owner and such utility companies shall be entitled to install, erect or
construct and maintain within or across the flowline or pipeline easement areas utility lines for
water, sewer, telephone, cable, electric and other utilities as may be reasonably required for
development of the Property. Surface Owner agrees that, and will notify each utility company
that, except in cases of emergency, KMG must be contacted at least ten business days prior to
commencement of any trenching or digging activities within its easement area and that during
the installation, maintenance and use of the utilities in any such easement area, Surface Owner or
such utility company will not unreasonably interfere with KMG use and operation of its
flowlines or pipelines. Surface Owner agrees that all utilities that are placed in the ground shall
be placed horizontally a minimum of 10 feet from the centerline of KMG's flowlines or
pipelines, and any such utilities that cross a KMG easement area shall be placed with a minimum
clearance of 24 inches between KMG's flowlines or pipelines and such utility lines. Surface
Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all
flowlines and pipelines during any of Surface Owner's operations or construction activities.
Page 2 of 6
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5. Impact Mitigation and Improvements.
a. KMG Mitigation. KMG shall install and maintain, at its sole cost and
expense, fences, gates and locks if required by the Colorado Oil and Gas Conservation
Commission ("COGCC") or if necessary or convenient for the security of any Wells or
production facilities. In addition, KMG shall paint it production facilities, including wellhead
guards, with paint that is approved by the COGCC.
b. Surface Owner Mitigation. Surface Owner shall not inhibit KMG's
operations within the Oil and Gas Operation Areas by landscaping or other improvements, unless
otherwise agreed to in writing between Surface Owner and KMG
6. Setback Requirements and Waivers. Surface Owner agrees that it will not locate
any buildings or structures within the Oil and Gas Operations Areas. Surface Owner understands
and acknowledges that the COGCC has rules and regulations that apply to the distance between a
wellhead and public roads, production facilities, building units and surface property lines, among
other things. Surface Owner hereby waives all setback requirements in the COGCC Rule 603, or
any successor rule or amendment to the COGCC setback rules, and to any other state or local
setback requirements or other requirements or regulations that are or become inconsistent with
this Agreement or that would prohibit or interfere with the rights of KMG or its successors and
assigns, to explore for and produce oil and gas in accordance with this Agreement. Surface
Owner understands that KMG may cite the waiver in this paragraph in order to obtain a location
requirement exception or variance under COGCC rules or from a local jurisdiction.
7. Drilling and Completion Operations. KMG shall provide notice to Surface
Owner of any operations in connection with the reworking, fracturing, deepening or other
operation on its Wells in accordance with the rules and regulations of the COGCC. KMG shall
endeavor to diligently pursue any drilling operations to minimize the total time period and to
avoid rig relocations or startup during the course of drilling. Surface Owner waives any
objections to continuous (i.e., 24-hour)drilling operations.
8. Surface Owner Notices.
a. Notice of Construction Activites. Surface Owner shall provide KMG with
ten days written notice prior to commencement of any dirtwork, grading or other surface
construction activities on the Property. If requested by KMG, Surface Owner shall meet with
KMG representatives at the Property to locate existing flowlines, gathering lines or pipelines and
to coordinate proposed surface construction activities with current and prospective oil and gas
operations.
b. Notice to Future Surface Owners. Surface Owner shall furnish all buyers
of the Property from Surface Owner with a plat or map showing the Oil and Gas Operations
Areas and shall provide notice that:
(1) There may be ongoing oil and gas operations and production in the
Oil and Gas Operation Areas on the surface of the Property;
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(2) There are likely to be additional Future Wells drilled and oil and
gas operations and production from the Oil and Gas Operations Areas that affect the
surface of the Property;
(3) Heavy equipment will be used by oil and gas interest owners from
time to time for oil and gas drilling and production operations and that such operations
may be conducted on a 24 hour basis; and
(4) Future purchasers of all or a portion of the Property, as successors
in interest to Surface Owner, will be bound by the covenants, waivers and obligations in
this Agreement.
9. Governmental Proceedings. Surface Owner shall not oppose KMG in any
agency or governmental proceedings, including but not limited to the COGCC, the county, local
jurisdiction or other governing body proceedings, related to KMG's operations on the Property,
including but not limited to drilling, workovers, well deepenings and recompletions, provided
that KMG's position in such proceedings is consistent with this Agreement.
10. Representations. Each Party represents that it has the full right and authority to
enter into this Agreement. KMG does not represent that it has rights to settle matters for all of
the mineral owners in the Property, and this Agreement shall only apply to and bind operations
conducted by KMG and its successors and assigns on the Property, in the capacity of operator.
11. No Waiver of Rights. KMG does not waive its rights pursuant to its oil and gas
leasehold interest to explore for, drill and produce the oil and gas on the Property or for ingress
and egress to any Oil and Gas Operations Areas, except as specifically provided in this
Agreement.
12. Successors and Assigns. The terms, covenants and conditions hereof shall be
binding upon and shall inure to the benefit of the Parties and their respective heirs, devises,
executors, administrators, successors and assigns; provided, as to KMG, successors and assigns
shall be deemed to be limited to lessees under KMG's oil and gas leasehold estate.
13. Termination. This Agreement shall automatically terminate and be of no further
force and effect at such time that KMG's oil and gas leasehold estate expires or is terminated,
and KMG has plugged and abandoned all Wells owned all or in part by 'CMG and complied with
the requirements of all applicable oil and gas leases pertaining to removal of equipment,
reclamation, cleanup, COGCC rules and regulations and all other applicable provisions of the oil
and gas leases and existing laws and regulations. At the request of Surface Owner, KMG shall
execute and record such documents or instruments as Surface Owner shall reasonably request in
order to evidence such termination.
14. Notices. Any notice or other communication required or permitted under this
Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, or sent via expedited
delivery service, with proof of delivery, addressed as follows:
Page4 of6
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3220286 09/20/2004 01:25? Weld County, CO
5 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder
If to KMG:
Kerr-McGee Rocky Mountain Corporation
1999 Broadway, Suite 3600
Denver, Colorado 80202
Attention: Director of Lands Denver Basin
If to Surface Owner:
Francisco Granados
3434 Cody Avenue
Evans, CO 80620
Any Party may, by written notice so delivered to the other Parties, change the address or
individual to which delivery shall thereafter be made.
15. Recording. This Agreement shall be recorded by KMG, which shall provide
Surface Owner with a copy showing the recording information as soon as practicable thereafter.
16. Waiver of Surface Damages. Surface Owner hereby waives all surface damage
payments pursuant to any COGCC or local regulation, state statue, common law or prior
agreement for each and every well and related wellsite that is drilled in an Oil and Gas
Operations Area and for each production facility, access road or flowline easement. KMG may
provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or
any court of law as evidence of this waiver. Except for the Oil and Gas Operations Areas, access
roads and all easements associated with flowlines, gathering lines and pipelines as provided in
this Agreement, KMG shall not occupy any other portion of the surface of the Property, except in
the event of an emergency or for reasonable incidental, temporary and non-damaging activities,
and KMG will be responsible for any damages that may occur as a result of its activities on such
other portions of the surface of the Property.
17. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado, without reference to its conflict of laws
provisions.
18. Entire Agreement. This Agreement sets forth the entire understanding among the
Parties hereto regarding the matters addressed herein, and supersedes any previous
communications, representations or agreement, whether oral or written. This Agreement shall not
be amended, except by written document signed by all Parties.
19. Counterpart Execution. This Agreement may be executed in any number of
counterparts each of which shall be deemed an original instrument but all of which together shall
constitute one and the same instrument.
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3220286 09120/2004 01:25P Weld County, CO
6 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder
The Parties have executed this Agreement on the day and year first above written.
KERR-McGEE ROCKY OUNT N CORPORATION
By.
James ,'. Was.t Attorne-in-fact
SURFACE OWNER_,
FRANCISCO GRANADOS
Acknowledgments
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 7'`4- day of September 2004,
by JAMES P. WASON, as Attorney-in-Fact of Ken-McGee Rocky Mountain Corporation, on
behal • <.. :.:,,orporation.
MSy`�
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. OF COt-
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' 1 ) ss.
1 COUNTY OF W P,IOt )
The foregoing instrument was acknowledged before me this �5+ day of September 2004,
by FRANCISCO GRANADOS.
d and official seal.
•
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Page 6 of 6
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