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Home My WebLink About20053532.tiff A-st:r; MEMORANDUM TO: Board of County Commissioners November 7, 2005 FROM: Jacqueline Hatch COLORADO SUBJECT: PZ-1048 (Moorea Manor North) Weld 45 Acres LLC The applicant for PZ-1048, Weld 45 Acres LLC c/o Jeffery Couch had three items to be completed prior to scheduling the Board of County Commissioners hearing, they are as follows; 1.A — The applicant shall provide evidence of a signed crossing agreement with the Lupton Bottom Ditch to the Department of Planning Services. (Department of Planning Services) The applicant has submitted a signed right of way agreement. 1.8 — The applicant shall provide information to the Department of Planning Services regarding the proposed trail system, landscaping and signage on site including maintenance and material types. (Department of Planning Services) The applicant has submitted a revised plan regarding the trail system, landscaping and signage on site. 1.C — The applicant shall submit to the Weld County Department of Planning Services a signed copy of an agreement with the properties mineral owners which stipulates that oil and gas activities have been adequately incorporated into the design of the site and that mineral owners concerns have been mitigated or the applicant shall submit evidence that the mineral owners concerns have been addressed. (Department of Planning Services) The applicant has submitted evidence that they have adequately attempted to address the concerns of the mineral owners. Thank you 2005-3532 EXtilaft #70J: Right of Way Agreement FOR AND IN CONSIDERATION OF THE SUM�. (OFD�S,oCO Nit Pei/9 / , the receipt of which is hereby acknowledged, Luck Om Mid Id (e/nra7 , acting by and through the undersigned Parties hereto, hereinafter called"Grantor", hereby grants to W4I ys 111,` LiL , its successors and assignees,hereinafter called"Grantee", a right- of-way to construct, maintain, inspect, operate, replace, add, change or remove v CC�w�fl • �Q Cfl� t*AAA 4 across and through the 1.1/a /3g,%,l v, ki, (hereinafter referred to as the "Irrigation Ditch"), located in Weld County in the State of Colorado, See A v` i , at the points shown on the plat attached hereto, marked Exhibit A and made a part hereof, together with the right of ingress and egress to and 4 from said 60 (f11F for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted by this Agreement. THIS GRANT of a right-of-way is subject to the following terms and conditions: �1 1. Grantee shall pay to Grantor the sum of S Coo (fiat T ci3ua/) for each C UNilj Cc,11u1L? to off, Vultr 641.7N & 3 crossing of the Irrigation Ditch. 2. If Grantee disturbs the Irrigation Ditch,the soil will be immediately replaced by Grantee in six (6) one-inch (1") layers and each layer shall be tamped. Any crossing ditches shall be a minimum of four feet (4') deep from the bottom of the Ditch. 3. Grantee shall be liable to Grantor for any and all damage to the Irrigation Ditch resulting from construction, operation or any other activities of Grantee. 4. Grantor shall not be liable for damage to any of Grantee's pipeline or other structures located on or near the Ditch, resulting from the cleaning, maintenance or operation of the Ditch, or any other activities by Grantor or its assigns. 5. If the Irrigation Ditch fails as a result of the Grantee's crossing thereof with its k'(HO Grantee shall immediately repair the Irrigation Ditch at its own expense and shall be responsible to the Ditch Company and its stockholders, for any and all damages resulting from said failure. 6. The authorized routes of the Grantee's crossing are shown on the plat attached hereto as Exhibit A. IT IS AGREED that any payment due hereunder may be made directly to Grantor. The terms, provisions and conditions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, executors, administrators, successors g and assigns and legal representatives. EXECUTED THIS day of / '` IA- -h 200O (Remainder of page intentionally left blank.) . .. GRANTOR:By: 6l,1/4$ 1 X11 iki Title : Gi C /dig.L9 STATE OF COLORADO ) )ss. COUNTY OF �j� / „The foregoing instrument w acknowledged before me this day of /' ^ 2004y 54tJ �h v �VLu° Pk ' as Ni L -1, of e,b V-a Y AA)‘) Witness myhand and official seal �� I C ��/� My commis sion expires: Li y7 ) 2 Gii' " (SEAL) Notary lie .-. SANDRA A. PRODAN G N • NOTARY PUBLIC STATE OF COLORADO e 4 P5 My CommissionExpres: By: ro Title : tRA ANTE. STATE OF COLORADO ) ss. COUNTY OF "`— ) The foregoing instrument was apkn owledged before me this g day of frat_74. by 200 S3*r-iDe4-- 4- rru, as of Witness my hand and official se.q1. My commission expires: 1)/3_7 / jiMid di(' (SEAL) Notary Public SANDRA A. PRODAN NOTARY PU_: IC STATE OF COLT :-.ADO My Commission Expires: 4, kyr, e ¢ LEGEND LEGEND I (FJi I I I UST!x REN90NS a ELECTRIC I VII E%ISPNG CONTOUR LINE G NATURAL GAS /-�/r i CENTER-NORTH 1/16 (NE CORNER I PROPOSED EASEMENT UNE P GAS PRODUCT (WELLS) / _� $1/2 NW1/4) CORNER SECTION 2 _ T TELEPHONE �"� ; i'� \ (SET Nab RFHAR li I EXISTING —�— - EXISTING our( ADM. 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I I' I I I A PROJECT NUMBER // i / ; / 1 1 I la c GRAPHIC SCALE 771-0201 SHEET NUMBER ( IN Mr 1 1 I ( / l` MOOREA MANOR NORTH PPThe i Frederickson WCR 21.5 & HARPENDEN COURT, PIATTE1ILLE,CO ea1i3/4"...Group PIAfIXERS/IANDSCAPEARCNVIttIS 7711 WIRDSONG DRIVE LANDSCAPE PLAN °�-@ COLORADO CLIENT TM 15 ACRE LLC SITE DATA 9202 S. ROCKPORT LANE HIGHLANDS RANCH, CO 80126 TOTAL SITE AREA: 43.254 ACRES Tele: (720) 494-4150 TOTAL AREA OPEN SPACE: 6.839 ACRES PERCENT OPEN SPACE: 15.8% (IS%REQUIRED) PLANT LIST CODE COMMON NAME BOTANICAL NAME 5IZE/CONDIIION DECIDUOUS SHADE TREES PA Patmore Ash Franxinus pennsylvanica 2 Cal. 'Patmore HL Skyline Henaylocust Gledltela to.Inermis 2'Cal. NC NarroMaaf Cottonwood Populusangustlfolla 'Skyline 2'Cal CONIFEROUS TREES CS Colorado Spruce Picea pungens 6-8 HT PH Austrian Pine Plnus mars 6-8'HT = VD Fy S a GENERAL LANDSCAPE NOTES (,y ' E. I.Landscape Plan shall be consistent with Weld County Landscape O tta guidelines as presented in Section 19-3-310:General Guidelines for Coordinated Planning Areas,and Section 27-9-30:Landscape Map Requirements for PUD's. O Fl 44 L C2.All Landscape Improvements shall be Installed consistent with 5 industry standards for Xeriscape for design,soil improvements and Q 0 iinigation techniques. rS�r Q 3. In order to provide for onging health and appearance of Landscape I�, LtQ improvements.all open space landscaping shall be maintained and replaced by the homeowner's association as necessary. All other W W fIA� W landscape treatments shall be maintained by the individual homeowner. Caal = 1 Maintenance shall include,but is not limited to,proper pest control, aZI • O W irrigation,fertilization and pruning, Plant materials exhibiting evidence 6D of insect or disease infestation or ther damage shall be appropdate)h G ea Q treated. Dead plant material shall be removed and replaced. v a gLi 4.Ground cover will consist of Xer1c,non-irrigated turf,as indicated on F • the Landscape Plan. Specifications included herein. F • I 5.This Landscape Plan is diagrammatic;tree locations my be adjusted, as needed,at time of planting to maintain a minimum separation from underground utilities. Minimum separation shall be 10. 6.Underground utilities shall be located prior to installation of ,I, landscape materials. — ''I 7.Plant material shall comply with the requirements of the Colorado w Nursery Act of 1973.CR5 Title 35.Act 26.as amended;and with the rc American Association of Nurseryment(AAN)for No.1 Grade. H.Scheduled sizes stated represent minimum caliper and height. Sizes provided may exceed minimum required,but in no event shall smaller [No. zasusl:mue eau plant material sizes be provided. PAGE INDEX LS-1 TITLE- GENERAL NOTES-PLANT LIST re "r CS-2 LANDSCAPE PLAN t12004 LS1 of 3 LS-3 LANDSCAPE SPECIFICATIONS AND DETAILS ` l p.TREES PLANTING: PLANT MATERIALS SHALL BE A FIRST-CLASS REPRESENTATIVE OF ITS SPECIES HEALTHY,WELL I, REMOVE STOCK FROM CONTAINER DO NOT BREAK THE ROOT BALL.A SPADE SHALL NOT BE BRANCHED MID WELL PROPORTIONED IN RESPECT TO HEIGHT MI MOTH RELATIONSHIPS:FREE USED. SCARIFY SIDES AND BOTTOM OF RAFT BALL. FROM DISEASE,INJURY,INSECTS.AND WEED ROOTS.AND CONFORMING TO ME RFOURFMENTS PREPARED BY: OF ME COLORADO NURSERY ACT. (SEE LANDSCAPE CONTRACTORS OF COLORADO STANDARD 2 PLACE BALFFLLl MIX INTO PLANTING HT TO A PEPSI SUCH THAT THE PL/WT MEN The SPECIFICATIONS FOR APPROPRIATE SECTIONS OF THE NURSERY ALT).ALL PLANTS SHALL BE PLANTED.WILL BE THREE INCHES ABOVE FINISH GRACE FOR DECIDUOUS TREES.FOUR TO SD �1�Ey1 NURSERY STOCK FROM GROWERS LOCATED IN USDA HARDINESS ZONES 1.23 OR 4 BOTANIC INCHES FOR CONIFEROUS REED. rre eric on LANDSCAPE SPECIFICATIONS AND COMMON NAMES PLANT NAMES GIVENPLANT LIST ARE IN CONFORMANCEVAM 3. UNTIE AND REMOVEBDRLAPFROMTOPTHIRD R�TBALLWBALLEDMIDBURLA➢PFD Group ( STANDARD HORTICULTURAL PRACTICE NI MIS AREA. PLANTS ARE TO BE DELIVERED TO ME SITE MATERIAL REMOVE WIRE BASKETS FROM TOP AND MINIMUM OF 2/3 T ALL SIDE Of ROOT WITH TAGS BEARING THE BOTANIC NAME AS INDICATED BY THE RANT LIST BALL, PLN7SEES/LNDSF,APEARaQ1E1,'IS MATERIAL INSTALLATION TIl1WDDISORG DEIVE L TREE STAKES BECAOP LONG,2-INCH DIAMETER PRESSURE TREATED LODGE POLE PINE 4. BACKFILL ONE-HALF OF PIT WITH BACKFILL MIXTURE AND WATER IN THOROUGHLY BEFORE WINDSOR,COLORADO 10150$TAKES(OR METAL T'POSTS AS ALLOWED BY LANDSCAPE ARCHITECT.APPROVAL REQUIRED PLACING PRIOR TO ANY SOIL PREPARATION.BESTING VEGETATION TO REMAIN AND WHICH PLACING ANY MORE BACKFILL.DO NOT WORK WET SOIL. B[v@Rr I. 070)616-020e PRIOR TO INSTALLATION.) MIGHT INTERFERE MT THE SPECIFIED SOIL PREPARATION Gm]I BE MOWED,GRUBBED.RALFD. AND THE DEBRIS REMOVED FROM THE SITE. PRIOR TO OR WRING GRADING OR TILLAGE 5.BACKFILL THE REST OF THE PLANTING PIT WITH BACKFILL MIXTURE AND TAMP TO COMPACT. 2.GUY ANCHORS: 24-INCH LONG METAL T POSTS WATER IN THOROUGHLY. DO NOT WORK WET SOIL.APPLY SLOW RELEASE FERTILIZER PER OPERATION,THE GROUND SURFACE SHALL BE CLEARED OF MATERIALS THAT MIGHT HINDER µANUFACTURER5 DIRECTION OF SIZE OF PLANT MATERIAL,BY SPREADING EVENLY OVER THE CLIENT S.GUYING AND STAKING WIRE GALVANIZED IRON OR STEEL ASSUAGE MRE, FINAL OPERATIONS. TOP OF THE ENTIRE PLANTING M. • PREPARE ALL AREAS TO BE PLANTED AS FOLLOWS: 4 WEBBING 2WCH NYLON WEBBING OR RUBBERIZED CLOTH. RIP ALL AREAS TO BE PLANTED.SEEDED AND/OR SODDED TO AMINIMUM OFS INCHES IN 1W0 6. STAKE OR GUY All TREES IN A TRUE VERTICAL P051U0N WRAP DEGWOIIS TREES BOTTOM !MILD 45 AC!!L' DLL' DIRECTIONS USING AN AGRICULTURAL RIPPER WITH TINES SPACED AT NO GREATER MAN 18 TO TOP. STAPLE OR TALK IN PLACE AT TOP.WRAP APPROXIMATELY NOVEMBER L5 MID 5.TREE µRAP:HNNCH MINIMUM WIDTH COMMERCIAL TREE WRAP. REMOVE APPROXIMATELY MAY IS. A INCHES,AREAS ADJACENT TO WALKS.STRUCTURES CURBS.ETC.MERE THE USE Of i AR/i MECHANICAL EQUIPMENT IS DIFFICULT SHALL BE µORKED'MTH SMALLER EQUIPMENT CR BY IL S. �I��p�L yR LANE 6.SAFETY CAPS'.INDUSTRY STANDARD(FOR METAL T'POST GNLO) HAND. 7.IF TREES ARE PLANTED IN A SPADE DUG HOLE,THEY SHALL BE DEEP WATERED WITH A 9202 J. RWGCQOZ LANE WATERING NEEDLE ANGLING FROM THE INSIDE OF THE BALL OUT THROUGH ME PERIMETER OF HIGHLANDS RANCH, CO 8IL1.26 PT.COMPOST,A ROCESSEDWiT TOTALLY ORGANIC PRODUCT THAT HAS BEEN AIN SUCH AND AS TO NATURALLY SOIL PREPARATION: SPREAD 3 CT/IOf/J SF OF COMPOST ANO SUFFICIENT FERTILIZER TO MEET THE SOIL. 1Wl1vW W Wl PROCESSED T THE ADDITION A OF COARSE WOOD CHIPS.IN MANNER 5WHA A5 TO REQUIREMENTS OF SOIL ANALYSIS OVER ALL AREAS 1O BE SEEDED.SC/OPERAND/OR PLANTED Tele: (720) 494-4150 MAINTAIN A CONSISTENT TEMPERATURE OF 140 DEGREES FAHRENHEIT OR GREATER FORA SEEDING RI/TREES SHRUB BED AND GROUND CANER. INCORPORATE COMPOST BY DISKING OR PERIOD OF TIME SUPFICIENT TO CREATE THE FOLLOWING CHARACTERISTICS MEASURED BY DRY ROTOTI W NG INTO ME TOP I i061NLHE5CF SOIL.OBTAIN A UNIFORM MIXTUREWITH NO I. TIME OF SEEDING UNLESS OMERMSE APPROVED,ALL TURF SEEDING SHALL BE WEIGHT:MAXIMUM ALLOWABLE ORGANIC MATTER:EO 1 ORGANIC MATTER TO NITROGEN RATIO: POCKETS Of SOIL OR AMENDMENTS REMAINING. COMPLETED BETWEEN APRIL IS AND MAY 31.OR BETWEEN SEPTEMBER I AND OCTOBER IS 25:1 TO 30:1; 7I TO SMALLS:2.0 TO 30 MMHOS:LESS THAN c'5 1 INORGANIC MATTER; LESS THEN 11 l SOS DIRT OR SANK MAXIMUM PARTICLE 512E Of N INCH RAMETER 2. DRILL SEEDING.DRILL SEED USING A DRILL IMPLEMENT EQUIPPED WITH THE FOLLOWING ERADICATION OF ALL HARMFUL WEED SEEDS,PATHOGENS AND BACTERIA:A N011-OFFENSIVE PREFERABLE'TREE PLANT PREFERABLE FEATURES EARTHLY SMELL. I. SUBSTITUTIONS.ANY PLAN SUBSTITUTIONS ARE TO BE APPROVED BY LANDSCAPE ARCHITECT DEPTH SANDS.TO ALLOW SEEDING AT ME PROPER DEPTH PRIOR TO INSTALATON. SEED BOX AGITATOR"TO PROMOTE SEED MIXING B.FERTILIZER FERTILIZER FOR TURF SHALL BE COMMUTED EWE W UNIFORM CGMN'5M0µ SEED BOX BAFFLES-TO AID IN EVEN SEED DSTRIBUTTON AMONG ROWS FREE FLOWING,AND CONFORMING TO APPLICABLE STATE AND FEDERAL LAYS,NAST 2 ESTABLISHED E/I051 LOCATION:STARE TREES AND fLAG CRSET WR AIL SHRIIB5IN LOCATIONS SEED-METERING PENCE-TO PROMOTE EVEN SEED DISTRIBNIPCN WITHIN RW5 MANUFACTURERS GUARANTEED ANALYSIS. FORMULATED FERTILIZER BASED 155HALL BE SHOWN ON ME PLANS PRIOR TO INSTALLATION FOR REVIEW BY OWNER FURROW OPENERS-TO PERMIT PROPER SEEP PLACEMENT FROM SEED SPOUTS.AND SUBMITTED TO OWNERS REPRESENTATIVE FOR RENEW AND SHALL BE BASED UPON DRAG CHAINS"TO AID IN SEED MIRAGE 3.PLANING PITS RECOMMENDATIONS MADE BY 5ZL LAB CONTRACTOR SHALL SUBMIT SOIL SAMPLE TO SOIL LAB FOR ANALYSIS AND FERTILIZER RECOMMENDATIONS. DIG PLANTING PITS A MINIMUM OF 211ME5 AS WIVE AS DIAMETER W ROOT BALL OR 3.THE DRILL WILL BE ADJUSTED TO PLANT SEED TO THE PROPER DEPTH.THE DEPTH W CONTAINER.MID A SURROUNDING DEPTH GRADE i0 ALLOW iGP LF Rp]i BALL Ai IRLYM i051IA MWIMIIM SEEDING WILL BE APPROXIMATELY 0.25 TO 050 INCH. DRILL ROW SPACING WILL BE SET AT • IF SOIL TYPES ARE SIMILAR IN STRUCTURE,THE CONTRACTOR MAY USE A CONSISTENT OF 3'ABOVE SURROUNDING GRAPE FOR SHRUBS. APPROXIMATELY 6 TOW INCHES.THE DRILL WILL THEN BE TOWED ACROSS THE SEEDBED TO FORMULATED FERTILIZER FOR THE ENTIRE SITE AREA,XONA'ER IF SOIL STRUCTURES ARE INCORPORATE COMPOST BY DIMING OR ROIDTILLING INTO THE TOP 470 S INCHES OF 501E COMPLETE THE PLANTING OPERATION, DRILL'SEEDING WILL TAKE PLACE IMMEDIATELY VASTLY DIFFERENT,A FORMULATED FERTILIZER FOR EACH SPECIFIC SITE AREA WILL BE OBTAIN A UNIFORM MIXTURE WRX NO POCKETS CF SOIL OR AMENDMENTS REMAINING, FOLLOWING THE COMPLETION OF FINAL SEED BED PREPARATION TECHNIQUES. REQUIRED, RESTORE THE FINE GRAPE OF ALL AREAS 00 BE PLANTED,SEEDED ANDIOR SODDED WITH FERTILIZER FOR TREE BACKFILL MIX,SHALL BE OSMOCOTE SIERRABLEN,9 MONTH FLOAT DRAG TO REMOVE IRREGULARITIES RESULTING FROM TILLING OPERATIONS.FLOAT DRAG SOW-RELEASE FERTILIZER TWO DIRECTIONS.REMOVE ANY ADDITIONAL STONES OVER I-12 INCHES THAT HAVE COME TO 4, BROADCAST SEEDING BROADCAST SEEPING SHALL ONLY OCCUR IN AREAS INACCESSIBLE SURFACE. UPON COMPLETION OF FINISH GRADING OPERATIONS,THE CONTRACTOR MUST TO A DRILL SEEDER, BROADCAST SEED ONLY AFTER ALL TREES AND SHRUBS HAVE BEEN PROVIDE A FINISH LANDSCAPE GRADE THAT SHALL CONFORM TO THE GRADES AND ELEVATIONS l= Z 9,SEEDED TURF: UNLESS OTHERWISE APPROVED,ALL TURF SEEDING SHALL BE COMPLETED SHOWN ON THE ENGINEERING DRAWINGS.CONTRACTOR SWILL PROVIDE POSITIVE DRAINAGE IN AN PLANTED IN THESE AREAS. BROADCAST NEEDING WILL BE ACF4MPLSHED USING BETWEEN APRIL I5 D MAY BI.OR BETWEEN SEPTEMBER I AND SEEDED L5 SFRD TURF ALL LANDSCAPE AREAS. HAND"OPERATION'CYCLONE"TYPE'SEEDERS OR ROTARY BROADCAST EQUIPMENT ATTACHED AREAS SHALL BE SEEDED WITH THE FOLLOWING BLEND. E VEGETATION MACHINERY.ALL MACHINERY WEL BE EQUIPPED MATH F 0 O RECREATION USES. 4.BACKFILL MATERIAL, TREE PLANTING FITS SHALL BE BALRPILLED W1M THE FOLLOWING MU: METERING DEVICES, BROADCASTING BY HAND WILL BE ACCEPTARNE ON SMALL.ISOLATED l l SITES. WHEN BROADCAST SEEDING,PASSES WILL BE MADE OVER EACH SITE TO BE r'TILD Cg 31 TOPSOIL BY VOLUME ROOK EXUVAIEO FROM PLANTING PPM. SEED AN%: IN A MANNER TO ENSURE AN EVEN DISTRIBUTION OF SEED WHEN USING HOPPER TYPE Q 255 COMPOST BT VOLUME BOt WARD DOUR GRASS EQUIPMENT.SEED SHOULD BE FREQUENTLY MIXED WITHIN THE COOPER TO DISCOURAGE SEED O V 35%NWLADE SETTLING AND UNEVEN PLANTING DISTRIBUTION OF SPECIES. ME SPECIFIED BACKFILL MATERIALS SHALL BE PRE-MIXED WISING INDUSTRY ACCEPTED WT I 30%TOUCHSTONE TECHNIQUE IN ORDER TO OM AIN A UNIFORM,EVENLY BLENDED CONSISTENCY,FREE FROM F II 51 PERENNIAL RYEGRA55'MANHATTANS' 5, BROADCAST SEEDING WILL TARE PLACE IMMEDIATELY FCLLCWNG ME COMPLETION Of W ?OCTETS OF UNBLENDED MATERIAL AND CLODS OR STONES GREATER THAN IWO INCHES IN FINAL SEEDBED PREPARATION TECHNIQUES. BROADCAST SEEDING SHOULD NOT BE USE'MANHATTAN N 3'FOR INITIAL SEEDING ONLY,INCREASE TOUCHSTONE TO 35 1 FOR DIAMETER BACKFILL MIX SHALL BE DELIVERED TO EACH PUNTING PT AFTER MIMNG HAS CONDUCTED WHEN WING VELOCITIES WOULD PROHIBIT EVEN SEED DISTRIBUTION.THE (L CI ' OCCURRED. BROADCAST SEEDING RATE WILL BE TWICE THE RATE OF DRILL SEEDING. MERL`FpLLl IN SUBSEQUENT YEARS O [r F/] MULCHING > O TREE PLANTING RINGS IN IRRIGATED TURF AREAS.MULCH ALL SOIL PANTING RINGS Of Q DECIDUOUS AND CONIFEROUS TREES WITH A3°LAYER OF NAND BARK MULCH. Q GJ Q TREE AND SHRUB INSTALLATION a deia E. �� W f:4G `.. o ' EVERGREEN TREES DECIDUOUS TREES C y ate' GENERAL NOTES STAKE�c I. GUY ALL CONIFER TREES AND ALL DECIDUOUS TREES y.EEG USING METAL POSTS WIRED O EU y S LARGER THAN RYN"CAL.AS SHOWN, (SLIGHTLY TAUT),W TH NYLON STRAPS. SET EAU � POSTS VERTICALLY PLUMB. NO RUBBER HOSES, � 1 \ 2. IN SODDED AREAS,CUT SOD IN 36"CIRCLE AND MULCH. _ FOR CONIFERS CUT 50D AT DRIP LINE OF TREE ANC MULCH, 3, GUY EVERGREEN TREES IN 3 PLACES AT 46 DEGREE ANGLE SLIGHTLY TAUT ONLY TO ALLOW SOME MOSEMENT, � i____ USE NYLONG STRAPS(NOT HOSES)WITH METAL ' J GROMMETS � PROTECTIVE RUDDER CAPS ON POSTS. P. w `4 _� `/ P' WRAP TREES TO FIRST BRANCH IN THE FALL IF w NG DO NOT`l REMOVE TOP /4 OFISORE BASKE WRAP.D BURLAP, up y SET TREE ON COMPACTED SUSGRADE WITH TOP �Y- =` FLAGGING W Of ROOTBALL 3"ABOVE LOWEST ADJACENT GRADE �\ I • NM R.MSIp.1/fue DUtt SET TOP OF ROOTBALL 4"ABOVE LOWEST .;.,U... may„ 4"DEPTH WOOD MULCH AT BASE OF TREE ADJACENT GRADE. REMOVE TOP;/3 OF , 30 DIA.MULCH RING IN LAWN AREAS. WIRE BASKET AND BURLAP. 6 DEPTH AMENDED SOIL. NO SPECIAL 4•QiRoi n�iri �0R,�4'eiPif i i,.iRrS�f� ?:.: \/�\�I / '�.: 4i Bpi .r,.•pi� (4" 1�_�� / BACKFILL MIX. ei�lA� . .ti 000 MULCH / ( � IIr=1i= �-� II-Ili�l ENSnNG suBGRADE G"DEPTH AMENDED SOIL rl I • —1 II I� —• — I I BACKFILL PIT WITH EXCAVATED SOIL BSA Meat 1 L I I I— —III I-J= i` LI :I I I—I I I—J1— JULY,2004 LS3 of 3 11f i,—,IIIII,�,II� • C` , . -1 `� CENTER-NORTH 1/16(NE CORNER C � 1 j// -1.,, I \ 51/2 NWI/4)CORNER SECTION 2 A �.}�"'� I \ PREPARED BY: r TANK \ \ (SET na y REenR Wrz" I EXISTING C I NORTH 1/16 CORNER 8114N SECTIONS A 2 I' H \ \ 000'IN A L5.25532 60 ROW p f 1 I 0 I SEPARATOR Fred \t '2000" A RANGE Ma] 2&a(NW CORNER 51/2 NWI/4 I zl SECTION 2) CS ; , m0 0 1 I Group (2)AP �r i PIAf11Y IMNR50�°PARCIITECTS 4/ 5 AP c J _ f I __—— — MINRSOR,COLORADO MOO �/ AT _ s as°19oz w z57a.69 ==__ �_*� X = __ —— —— — Mr. gTrN d�u o of waza CLIENT JILT/ -7 r l - . -- r r I////y1 �" I I y d UTILITY.IRRIGATION �T)n /T // � ' ��Y f J -� 6 ACCESS EASMENi T . //(j(X// 15—ACRE ////C L07 5 HL._ / • (Z) NC 9202 S. ROCKPORT LANE 4.790 ACRES / LOT 4 ji LOT 3 LOT 2 LOT 1 t I PROPOSED fUGHIANDS RANCH, CO 80120 I 4.300 ACRES I 4.110 ACRES 4.241 ACRES 4.145 ACRES I 40'ROW I Tele: (720) 434-4150 L • 10' UTILITY, � -T I--IRRIGATION k F HL �` 'r -- PA J�V A I I TMAl1UrGE TASIITM LOT 6 / �R 150'STRUCNRE PROPOSED 4.701 ACRES /// •q APPROXIMATE 1_ • SETBACK LINE FROM MONUMENT v /e HL �^++�1 /CENTERLINE OF GA5 LINE/� I OIL/GAS WELL HEAD I 10 /�/ VII eoEron�o rcH r\ \ —PA I '�4----`��,3) N IR�3 /- �II I PA— PA o1L/Gns WELL i I LLy 15'UTILITY, 66 ////4.752 ACRES II! EO'b1IT inn' I I�\\ \ — IRRIGAnON&LOT 7 LOT 8 _ -�� /XI ,1jJ� \\ o = ////// ( 5.376 ACRES I L� ._ .� uaxYT.J u� 'a �'•�_ — __I. z o I DRAINAGE EA/• / __ Fi • /� IIII ' I Q E • /2/�"� lirN. J .... / 150 STRUCTURE' i w ��\t 50'IRRIGATION ESMT I_ • 5. e A !� SETBACK LINE FROMrrrr7„ I g.7!..'" - OIL/GAS WELL HEAD / / \t 1 .1�I ---l2-30'X 60 AREAS ' Q �,• L +--- L I ARE TO BE JOINT NON- EXCLUSIVE C w J ACCESS AND : S 4 UTILITY EASEMENTS iii M 69d Q N 89 55'18"W 1233.22 -•— — I=1 VD 62. O y a a Qs Mm I i I cd I se LEGEND NOTES NOMI I. LANDSCAPE TREATMENTS IN THE PICNIC AREA INCLUDE EVERGREEN TREES TO SCREEN OIL WELL No. Rasm/Issue Data OPERATIONS AND PROVIDE VISUAL SEPARATION. TREES SHALL BE PLACED A MINIMUM OF 100'FROM OIL WELL TANKERS. i�II% EAST WEST 2. OPEN SPACE GROUND SURFACES SHALL BE PLANTED WITH XERIC/NON-IRRIGATRD TURF. PLEASE till SEE SPECIFICATIONS ON PAGE 3 OF 3 OF THIS PLAN. 55 rre 2 Tree Placement 100£rm oil 4/18/05 DECIDUOUS TREES 3. DECIDUOUS TREES ARE SELECTED FOR DROUGHT TOLERANT AND HARDY OUAL TIES. PLACEMENT SOUTH I Insert entry island and mon. 4/e/Oa IS INTENDED TO"CLUSTER"TREES AS WOULD BE COMMON OR"NATURALISTIC'ARRANGEMENT IN sir.Adjust LS materials THE LANDSCAPE SURROUNDING THE PROJECT. I SO 0 so 1 100 200 ^� �l CONIFER TREES 4. ONE DECIDUOUS TREE IS PROVIDED PER LOT,TO BE MAINTAINED BY THE INDIVIDUAL HOMEOWNER. % Oft 's°°' LS2 of 319 rERlo TucE 1a=lRR' ENCANAT. / ^ US Bank Tower tot (303)623-2300 950 17th Street r,,: (303)623-2400 Suite 2600 EnCana Oil & Gas (USA) Inc. Denver Co 80202 www.encana.conn December 30, 2004 Weld County Planning FI Department ELEY Weld County JAN 0 3 2005 918 1 e Street Greeley, RECEIVED Colorado 80631 Attn: Planning and Zoning Department Re: S/2NW Section 2, Township 2 North,Range 67 West Weld County, Colorado Weld 45 Acre, LLC To Whom It May Concern: EnCana Energy Resources Inc. received notice regarding a proposed subdivision on the above referenced lands. EnCana and Weld 45 Acre, LLC have entered into discussions r regarding current and future operations on the lands. As standard procedure and as a courtesy, enclosed for your files, please find a Notice of Right to Use Surface of Lands that is being placed of record in Weld County, Colorado. It is EnCana's desire to cooperate with Weld 45 Acre, LLC for the mutual use of the referenced lands for ongoing operations. Safety and access to the existing wells and future operations are concerns EnCana believes all parties share. Therefore, EnCana hopes that the established mutual cooperation can continue to satisfactory resolution for all parties. Should there be any questions, please contact me at 720.876.37 74. Be t regards, ichael L. Tucker Consulting Landman '"Trade-Mark of EnCana Corporation.Used under license. NOTICE OF RIGHT TO USE SURFACE OF LANDS KNOW ALL PERSONS BY THESE PRESENTS,that Byron R.Gale, as an attorney-in-fact for ENCANA ENERGY RESOURCES INC., a Montana corporation("EnCana")with an address at 950 17th Street, Suite 2600,Denver,CO 80202,on behalf of EnCana,being first duly sworn, states as follows: EnCana is the owner of or has the right to an undivided interest in those certain Oil and Gas Leases more particularly described on Exhibit"A"attached hereto and made a part hereof("Leasehold"). The undersigned is familiar with the terms and conditions of the Leasehold and hereby confirms the leases comprising the Leasehold to be valid and subsisting leases which have been extended beyond their primary term of years by the actual drilling and production from a well or wells capable of producing oil and/or gas on lands covered by the Leasehold or lands which have been pooled or utilized therewith under the terms of the Leasehold or a modification thereof. Pursuant to the Leasehold,EnCana,its agents, employees, designees, co-owners, successors and assigns hold certain rights to use and access the surface of the lands described therein for the purpose of, among other things,DRILLING,OPERATING,PRODUCING AND MAINTAINING OIL AND/OR GAS WELLS ALONG WITH LOCATING ROADS,CONSTRUCTING PIPELINES,TANK BATTERIES OR OTHER FACILITIES AS MAY BE PROVIDED FOR UNDER AND IN ACCORDANCE WITH THE TERMS MORE SPECIFICALLY SET FORTH IN THE LEASEHOLD AT LOCATIONS WITHIN THE FOLLOWING DESCRIBED TRACTS OF LAND: Township 2 North,Range 67 West,6th P.M. Section 2: S/2NW Weld County,Colorado THE PURPOSE HEREOF is to provide notice that EnCana asserts its ongoing right to use the surface of the lands above described for the purpose of locating and drilling oil and/or gas wells and for other uses allowed by the Leasehold now and at some future date. This notice is intended to remain in force so long as the Leasehold or any extension or renewal thereof remains in effect as to the above described lands or any portion thereof. However,nothing herein contained shall be construed to limit the rights or enlarge the obligations of EnCana, its agents,employees,designees,co-owners, successors or assigns to further develop the Leasehold,nor shall it be construed as a commitment to actually commence the drilling of a well on lands subject to the Leasehold. Further,this Notice shall not be construed to modify or disclaim any interest of EnCana or any other party in any other valid lease or leases which along with the Leasehold may form a part of a pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. WITNESS MY HAND AND SEAL THIS l 7 —day of December,2004. ENCANA ENERGY RESOURCES INC. pj AA By: Byro R. Gale,Attorney-in-Fact STATE OF COLORADO ss. CITY AND COUNTY OF DENVER 1 On this /7 ay of December, 2004, before me personally appeared Byron R. Gale, known to me to be an Attorney-in-Fact for EnCana Energy Resources Inc., and he executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. M Commission Expires: My Commission Expires 09/25/2007 Y P I61S California,COUP 2m � XX Denver,Colorado 80202 /41.CraMCHAE r, 's otary Public s�•• . �' • �; EXHIBIT A Attached to that certain Notice of Right to Use Surface of Lands dated December , 2004 by EnCana Energy Resources Inc. Date Lessor Lessee Tract Legal Description Rec Lease No. Lease p Entry Book 16041.001 04/28/1970 Est of Domingo Echeverria By Sophia Martin J Freedman T2N R67W 626 1548029 B Echeverria& First Natl Bank of SEC 2 S2NW LESS& EXCEPT 19.805 ACS, SW LESS& Greeley EXCEPT 41.124 ACS T2N R67W SEC 2 41.121 ACS IN SW 16042.000 06/15/1971 Public Service Company of Co Machii Ross Petroleum Company 649 1571213 Corporate T2N R67W SEC 2 A 150'X 150'TRACT&A 150'X 180'TRACT IN S2NW 16043.000 08/18/1971 Union Rural Elec Assn Inc Machii Ross Petroleum Company T2N R67W 654 1575757 SEC 2 A STRIP OF LAND 40'X 130' IN NW CORNER Deanne Frederickson From: Tucker, Mike [Mike.Tucker@encana.com] Sent: Friday, April 08, 2005 2:43 PM To: deanne@frederickson.us Cc: Byers, Colin; Hall, Lois; lee.petrides@stryker.com Subject: RE: Moorea Manor Landscape Plan Deanne, Thank you for sending this for our review. I have spoken to EnCana's Production Supervisor for the area, the trees that are in proximity to the tank and wellhead need to be at 100 feet away from each piece of equipment. In addition, the public right of way entrance road from WCR 21.5 is platted to pass within 150' of the existing wellhead. Should any future operations be commenced at that site, the road would need to be shut down for safety reasons. Thank you, Michael L. Tucker Consulting Landman EnCana Oil & Gas (USA) Inc. Original Message From: Deanne Frederickson [mailto:deanne@frederickson.us] Sent: Friday, April 08, 2005 9:46 AM To: Tucker, Mike Subject: Moorea Manor Landscape Plan Thanks for you help with this. I am showing a few conifer trees within 100' of the oil tank, and have been directed to show an 8' chain link fence also. Please review this plan and let me know if the trees are ok, and where the fence should be located. Deanne Frederickson The Frederickson Group LLC 7711 Windsong Drive Windsor, CO 80550 (970) 686-0200 Dean ne@frederickson.us r^ 4/18/2005 Message Page 1 of 1 Jacqueline Hatch From: Tucker, Mike [Mike.Tucker@encana.com] At: Wednesday,April 27, 2005 9:36 AM To: Jacqueline Hatch Cc: lee.petrides@stryker.com Subject: RE: Moorea Manor North Jacqueline, Depending upon the work to be done, the time frame could be a couple of days to several weeks. Examples of work that may be done range from workovers to uphole completions to deepenings to emergencies. I am a little mystified as to how a road was platted and approved so close to an existing wellhead, especially since this appears to be the only access to the property. There is an existing surface agreement dated 1992, prior to the anticipated planned development. This agreement does not address development issues and co-existence with future oil and gas operations. It would be beneficial for all parties to meet and re-evaluate mutual needs to assist in eliminating these type situations. Have final plans been approved?Are there hearings scheduled? To the best of my knowledge EnCana has not received any notices since 10/04. Please advise. Thank you, Michael L. Tucker EnCana Oil & Gas (USA) Inc. Consulting Landman Original Message From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] ^ Sent: Tuesday, April 26, 2005 4:08 PM To: Tucker, Mike Subject: Moorea Manor North Mike, I am in receipt of a copy of an e-mail from you to Deanne Frederickson regarding the landscaping for Moorea Manor North. In that email you state that since the entrance road from CR 21.5 is platted to pass within the 150'of the existing wellhead. That any future operations at that site, the road would need to be shut down for safety reasons. The road already exists as part of Moorea Manor South subdivision and Moorea Manor North plans on utilizing the same access road. If the road needs to be shut down what kind of time frame would we be looking at? Thanks for your time on this Jacqueline • 04/27/2005 Weld County Hanoi ng De GREELEY oFFICEpartment October 13,2005 OCT 1 g 2005 Jacqueline Hatch RECEIVED Department of Planning Services Planning Division North Office 918 10th Street Greeley,CO 80631 Re: Weld 45 Acre, LLC Morea Manor North Township 2 North,Range 67 West of the 6th P.M. Section 2: S/2NW Weld County,Colorado Dear Jacqueline: The purpose of this letter is to explain the events that have transpired as we have attempted to rezone the above-referenced property. Upon purchase of this site,we negotiated a surface agreement with the mineral owner,North American Resources Company(NAACO). In this agreement it clearly states our intent to develop the property and defines the location of existing wells,access, and future drilling rights. This agreement succeeds to any future mineral owner. We have included a copy for your reference. We had gone through the appropriate channels to draft plans for the site,get proper approvals, and paid fees prior to scheduling a hearing before the planning commission. The date of the hearing was set for October 19,2004. At this meeting Steve McGiomin, a representative from Encana,the current owner of the mineral rights, spoke up during the hearing and said that with the present surface agreement they would not object to the proposed development. Those comments were included in the minutes from the hearing. On December 30,2004 we were contacted by Michael Tucker from Encana requesting that we meet to discuss a surface agreement for Weld 45 Acre LLC. At that time I told Mr. Tucker there must be a mistake and that we already had a surface agreement in place. I then faxed him a copy of the agreement and did not hear from him again. In mid March 2005,we submitted our ditch agreement. You notified us that Mr. Tucker from Encana had notified you that there were issues with the road and the two wells on our property and before we could move forward;we would need a letter of compatibility between Weld 45 Acre LLC and Encana. I then contacted Mr.Tucker again and informed him that the wells in question were not on our property and the road was a county road and out of our control. He said that he would look into it. I heard nothing from him for six weeks,at which time I pressed for a meeting. We met with Mr.Tucker in June. He explained that there was new regulation that expanded their drilling rights on the property. We stressed again that the issues he was concerned with were matters that he needed to take up with the adjacent property owners and the road was a county road and would have to be addressed with the county. We would however,be open to discuss accommodating his needs on the well, which is located on our property. We were open to expanding the drilling rights on Echeverria 12-2 from 150' from the center of the well to 225' directly west of the well. He seemed satisfied with this solution and he said he would draft an agreement. He promised to have the agreement within a few weeks. After a number of calls, and a lapse of eight weeks,Mr.Tucker produced an agreement. The agreement was not at all what we had discussed in our meeting. At that time we recognized that we needed a representative that was well versed in issues concerning landowner rights. We contacted Astrella&Rice P.C.and were informed that as successor company of NAACO,Encana has a surface use agreement in place for this property. Encana already operates a well in all the available legal drilling locations. And Weld 45 Acre's development plan satisfies the entire setback and other requirements set forth in the existing agreement. In addition,Mr.Rice notified us that there have been no changes in the drilling regulations regarding additional drilling or larger pad sizes. On October 12i°,Mr.Tucker contacted Rachael Gamble at Astrella&Rice and said that Encana Oil recognized our existing surface agreement and would abide by it. It is our hope that we can move forward with this project. We are asking that you would recognize the existing surface agreement and schedule a meeting with the County Commissioners for final approval. We look forward to your decision. Best regards, • Lee Petrides Manager Weld 45 Acre LLC • Henderson/Scheller tank relo agmt Page 1 of 1 Subj: RE: Weld 45 Acre Date: 10/13/2005 4:53:58 PM Pacific Daylight Time From: Rachael@astrellalaw com To: Mike.Tucker@encana.com CC: Ippetrides@aot.com Dear Mike: I spoke with Lee Petrides this evening and told him of our discussion this afternoon. Lee feels that the surface use agreement that is currently in place meets his needs with regards to his development project. Please submit to Weld County a letter acknowledging that the parties have come to an agreement regarding surface use by way of the prior agreement entered into by NARCO. You indicated to me that Encana is not disputing the existence of a valid agreement or the fact that Encana is bound by such agreement. Very truly yours, Rachael Sunday, October 16, 2005 America Online: LPPetrides SURFACE DAMAGE AGREEMENT • THIS AGREEMENT,dated effectively this 15th day of December,2000, is made by and between the undersigned,David Langley and Cindy Lawley and Lee Pctridn and Richard I.. i'arind, whgse address is,herein called"OWNER",and North American Resouren Company, 1700 Broadway, Suite 2000,Denver,Colorado 80290,herein called'NARCO'; WHEREAS,OWNER represents that they are the surface owners and in possession of an nuttiest in part or all of the surface estate for the following described lands in Weld County,Colorado, said land herein called"LANDS",to wit: 7'ownsltip.Z.Nntth..Range.fnkett.Ltl EM. Section 02: SW/4NW/4 • WHEREAS,NARCO has or will acquire certain leasehold interests in the oil and gas mineral estate in the LANDS and proposes to conduct drilling and subsequent production operations on the LANDS;and WHEREAS,OWNER and NARCO desire to minimize any surface damage to the I.ANDS and to reach an agreement regarding such ijrface damage. ' NOW,THEREFORE, in consideration of ten dollars and other valuable consideration,the sufficiency of which is hereby acknowledged,the parties agree as follows: I. Prior to commencement of drilling operations,NARCO shall pay OWNER.the following stun as AID settlement and satisfaction of all damages growing out of,incident to,or in connection with the usual and customary exploration,drilling,completion,reworking,equipping and production operations, unless otherwise specifically provided herein Three Thousand Five Hundred Dollars(83500.00)for the wellsite locabeshyn the I.ANUS in which OWNER owns the entire surface estate,together with any lands used for road pur eyes,_.__ production facilities,pipelines,flowlines or other necessary facilities in comection with.the.wellsife. If,by reasons directly resulting from the operations of NARCO,lbere is damage to real or personal property upon the LANDS which is not associated with usual and customary operations,such as (bill not limited to)damage to livestock,structures,buildings,fences,culverts cement ditches,irrigation sysems,and natural water ways,such damage will he repaired or replaced by NARCO,or NARCO will pay reasonable compensation to OWNERS for such additional damage. 2. If requested by OWNER,prior 10 heavy equipment operations on the wellsite,NARCO's representative will Meet and consult with OWNER(or OW NElts representative)as to the location of the wellsite,access roads, (towlines,lank batteries and other associated production facilities. 3. In conducting operations on the LANDS,NARCO shall: A. Limit the size of each wellsite to approximately 300 feet by 300 feet during any drilling, cohipletioo,recnmpletion or workover operations and shall he no more than 1/4 acre in size during other periods. The area required for any tank battery location associated with each well shall be limited to approximately one-half acre in size upon completion of construction. Access roads shall be limited to approximately 30 feet in width during drilling,completion,recnmpletion and workover operations. The permanent access roads to the well head and tank battery location shall he limited to 15 feel.in width. 13. Separate the top soil at the time of excavation of pits so that tltc lop soil and subsurface soil he:placed back in proper order as nearly as possible. C. Reclaim the wellsite as nearly as practicable to its original condition and if the location is in pa$ture,reseed the location with native grasses. Weather permitting,reclamation operations shall be ccimpleted within three.months following drilling and subsequent related operations,unless NARCO and OWNER mutually agree to postponement because of crop or other considerations. D. Use its best efforts to keep the well and battery sites free of weeds and debris. Suriface Damage Agreement Ecijeverria 12-2".1"Well Page 2 4. OWNER agrees to waive the.minimum thirty day written notice requirement described in the Notice l..etter provided by NARCO to OWNHIt when it initially gave notice of its intent to drill on the LANDS. 5. When the word "NARCO"is used in this Agreement,it shall nisi,mean the successors and assigns of North American Resources Company,including but not limited to its employees and officers, agents,affiliates,contractors,subcontractors and/or purchasers. 4. 'this agreement shall he binding upon and inure m the benefit nt'the beirs,successors and assigns or the parties,and may be executed in counter parts. AGREED TO AND ACCEPTED.AS OF'I'l flit DATE FIR51'WRPI'TI3N ABOVE' r,. OWNER(S): L 1 • Art .;, QC) --2) � +- t David Ls ... („i L:er 'ctrrc es J 1. l t, 1..1,....31 1J4, Lawley Richard 1. Varlet]; SSN...._ . ..._ SS/........ ....................... N(YR9'R AMERICAN RENirl.IIU'E,S COOP-AA !By e/ tlE Danny Iii, ason • Landman ADDENDUM THIS ADDENDUM 6 MADE PART OF AND TED INTO THAT CERTAIN SURFACE DAMAGE A BY AND BETWEEN NORTH AMERICAN RESOURCES�XANY MID David and Cady Leaky, Lee PeWe s, and Richard L.. Paden WHICH AGREEMENT S DATED THE 15TH DAY OF DECEMBER 2000. THE FOLLOWING ADDITIONAL TERMS AND cotiornatis SHALL APPLY TO THE PARTIES MAKING THE DRI NO'OF THE ECHEVERRIA 12-2 WEIL . B 1. ALL FUTURE DRI LINO, RECOMPLETON OR OTHER WELL TONS THE X T12-2.WEk BORE SHALL CONDUCTED WITHIN THE CONFINES OF THE PAD �IN PIARRAGRRAPH#3 A. OF THE SURFACE DAMAGE T. 2. ALL OPERATIONS CONDUCTED AFTER THE DWLING OF THE INITIAL TEST WELL SH ML BE COORDINATED WITH�� NAMED SURFACE OWNERS TO MITIGATE ANY IMPACT FUTURE FARMNG ACTIVITIES. IT IS THE INTENT OF THIS P 10 INSURE THAT FUTURE OPERATIONS ARE - CONDUCTED DURING NON CROP SEASONS UNLESS OTHERVVISE AGREED TO BY THE PARTIES SIGNATORY TO THIS AGREEMENT AND ITS ADDENDUM. 3. ALL NEW TANKAGE SHALL BE CO - LOCATED WITH 11*EXISTING TANK BATTERY. 4. WHEN AND F THE PROPERTY DESCRIBED N THE ORIGINAL AGREEMENT 6 APPROVED FOR,AND DEVELOPED INTO RESIDENTIAL LOTS, AND AT THE EXPRESS REQUEST OF THE ABOVE NAMED SURFACE OWNERS, .NORTH AMERICAN RESOURCES SHALL THE CONSTRUCTION OF A sow TOOT MI IN HEIGHT ENic FENCE AROUND THE EXISTING TANK BATTERY SAID FENCE SHALL INCLUDE N ITS CONSTRUCTION VERTICAL SLAT WHICH WILL VISUAL BARRIER. 3-30. � J-4--)) )6�3 10 "c' I PETROE5 33 -01 n , I — RICHARD L PARETTI AMERICAN RESOURCES COMPANY Echeverria 12-2 Location Township 2 North, Range 67 West, 6th P.M. Section 2: SW/4NW/4 Weld County, Colorado WCR 25 I I NORTH I I I I L I J 2180 ' FNL & I I 460 ' FWL I I E1I I d I I J © J. I I � I I a I I I I I I I I SEI MM 1 INCH s 1000' QDRILL= UI DOM • PwOPO81m Elatrt ILLICR 'D011 Main NClIl7lll 111800171318OOIIPMET • LEE- ENCLOSED IS AN ADDENDUM INCORPORATING THE AGREED UPON ADDITIONAL.TERMS FOR THE SURFACE DAMAGE AGREEMENT. PLEASE OBTAIN THE SIGNATURES OF ALL OF YOUR PARTNERS AM)THEN RETURN A FULLY EXECUTED ORIGINAL SURFACE DAMAGE AGREEMENT APE ADDENDUM TO ME AT THE FOLLOWING ADDRESS: LEON I HIN` ON 7295 MARSHALL ROAD LAMCSPUR, CO 80118 THE LATEST INFORMATION I HAVE IS THAT WE WILL BE ON LOCATION FOR THIS WELL TUESDAY OR WEDNES Y OF NEXT WEEK,SO YOUR EXPEDITIOUS HANDLING OF THIS TIER WILL BE APPRECIATED. THANKS AND IF YOU HAVE QUESTIONS, PLEASE GIVE ME A CALL AT(303) 681- 2498. I 46Akivi) i , North American Resources Company a PanCanadian company • Denver Office June 25, 2001 Mr. Lee Petrides 9202 South Rockport Lane Highlands Ranch, CO 80126 Re: Surface Damages Echeverria#12-2 well T2N, R67 W Sec. 2: SW/4NW/4 Weld County, CO Dear Mr. Petrides, Enclosed please find North American Resources Company's check#1942 in the amount of$3,500.00 made out to Weld 45, LLC. This check represents the full and complete surface damage payment for the drilling of the captioned well. The original check was made out to you and your family as individuals. Per the instructions of Danny Nelson,the enclosed check is made out to the limited liability company that was formed to take title to this property. Thank you for your help in this matter. If you have any questions or comments, please call me at(303) 839-3010 or send an e-mail to Robert_Bram@pcp.ca. Very truly yours, NORTH AMERICAN RESOURCES COMPANY Robert J. Bram Landman /rjb enclosure 1700 Broadway • Suite 2000 • Denver, Colorado 80290 • 303-861-9183 .NORTH AMERICAN RESOURCES COMPAN\ . 19 4 2 LEASE AUCTION ACCOUNT 16 EAST GRANITE BUTTE, MT 59701 • 93-30 562 �' tiA7v June 25, 2001 T. £ Weld 45 LLC .DEf OF.._._..---_--. 3 500.00 --Three-thousand dollars and five-hundred dollars and n0/100-- ________—__________ _._.__. _......-.-._. DOLLAR$ ems""'First Bank BUtte M«�nbor Fb RI Ronk Sy.rnm 41i First E OnA1 Park A►.fain IIuIic.M r 519701 FOR-----CGA(ISer-,�IlA.'CV )2 Z ti/-41:r f/_lu00(2 - -- _ lye Ile OQ 194. 211' -4:09 2900 383i: `56 2 L08 794 2 5n' 7u:A ( lV ti) .. ,........ ______..... • r-, • • FRLM : CINDY LAWLEY FAX NO. : 3038335535 Feb. 20 2001 07:58PM P1 4'' er s es-4, • t flop- Denver y9 District Office = North American >" "See`scn0 Ante �� Resources Company ", , '� �"� r February 7,2001 4. 0.12•449 Lee Betrides,dal e P.O.Box 107 ' • , • Frederick,Colorado 80530 RE: Echeverria 22-2 Recompletion Township 2 North.Ranee 67 West.6th P.M. Section 2:SE/4NE/4 -- __. Weld County,Colorado Dear Lee, North American Resources Company(NARCO)is proposing to re-complete the captioned well sometime in the near future. The Colorado Oil and Gas Conservation Commission Regulations require calain notice periods for oil and gas operations prior to commencement of operations. This particular operation requires a seven(7)day notice to the owner of wood. The records of the Weld County Assessor indicate that you are the current surface owner and therefore please accept this correspondence as the statutorily required Notice of Intent to Conduct Oil and Gas Operations. NARCO hereby agrees to negotiate the settlement of any damages by its operations during the re-completion of the captioned well. Said negotiations will take place after the operations are completed.Upon rig availability, operations to prepare the well for this procedure will take place approximately a week to tan days in advance of the actual frac. Please feel free to discuss any concerns that you may have with NARCO's representative Dan Nelson at(970)3%- 1.677.' Sincerely, North American Resources Company Kathryn M.Kirki.em kit Landman The undersigned surface owner hereliy agrees to waive the seven(7)day notice period and allow the immediate commencement of operations. AGREED TO THIS DAY OF .,2001. BY: SURFACE OWNER 1700 Broadway•Suite 2000•Denver,Colorado 80290 Telephone:303461-9183 • Henderson/Scheller tank relo agmt Page 1 of 1 Jacqueline Hatch From: Rachael Gamble [Rachael@astrellalaw.com] Sent: Thursday, October 13, 2005 5:57 PM To: Tucker, Mike Cc: Ippetrides@aol.com Subject: RE: Weld 45 Acre Dear Mike: I spoke with Lee Petrides this evening and told him of our discussion this afternoon. Lee feels that the surface use agreement that is currently in place meets his needs with regards to his development project. Please submit to Weld County a letter acknowledging that the parties have come to an agreement regarding surface use by way of the prior agreement entered into by NAACO. You indicated to me that Encana is not disputing the existence of a valid agreement or the fact that Encana is bound by such agreement. Very truly yours, Rachael 10/17/2005 • ENC.ANA .. 370 17th Street tot (303)623-2300 Suite 1700 (303)623-2400 Denver, CO 80202 www.encana.com EnCana Oil & Gas (USA) Inc. October 26, 2005 Weld County Planning Department GREELEY OFFICE Transmitted 10/27/05 via facsimile to 970-304-6498 OCT 3 1 2005 Ms. Jacqueline Hatch RECEIVED Weld County Planning Division 918 10th Street Greeley, CO 80631 Re: Weld 45 Acre, LLC—Moorea Manor North Development S/2 NW/4 Section 2, T2N-R67W, 6th P.M. Weld County, Colorado Dear Ms. Hatch: This letter is in response to the statements in the letter dated October 13, 2005 addressed to you from Mr. Lee Petrides as Manager of the Weld 45 Acre LLC, developer of the Morea Manor North Development. Mr. Petridis' letter contains a number of inaccuracies. EnCana has been negotiating in good faith for the past ten months with Mr. Lee Petridis and his project manager, Mr.Jeff Couch, for an agreement providing for residential development of the surface estate in the S/2 NW/4 Section 2 compatible with existing and future oil and gas operations. We are surprised by the statements in Mr. Petrides' letter because, as recently as last month, we were in discussions to incorporate in a compatible development agreement setback and safety provisions agreed to between the parties for final development platting. The Surface Damage Agreement(SDA) attached to Mr. Petridis' letter addressed damages associated with drilling the Echeverria 12-2 well in March of 2001when the surface use was growing crops under farm management. That SDA does not contain the additional setbacks or agreements necessary for the safe development of the surface as a residential community. In addition, the Echeverria 12-2 SDA is not the only surface damage agreement affecting the S/2 NW/4. Mr. Petridis acquired his interest in the surface estate in September of 2000 from the Marvin C. Hein Family Partnership. Prior to September of 2000 the Hein Family and other predecessors in interest to the surface estate in the NW/4 entered into various surface use agreements and settlements at the time the Echeverria 1-2, 21-1 and 22-2 wells were drilled. Mr. Petridis' interest in the S/2 NW/4 is subject to those agreements insofar as they affect EnCana's operations. Those agreements also do not address the concerns necessary for the safe development of the surface as a residential community. The proposed compatible development agreement submitted to Mr. Petridis is intended to provide for residential development while assuring continuous, unimpeded access to specified operations areas around existing wellheads and facilities that conform to the safety setback requirements of the Colorado Oil & Gas Conservation Commission and of Weld County for current and future operations. TM Trade-Mark of EnCana Corporation.Used under license. Weld County Planning Division October 26, 2005 Page Two Mr. Petridis' plat contemplates that EnCana will relinquish its existing access roads to the wellsites. The proposed agreement addresses the safety measures necessary to build and pave new access over existing flowlines and it addresses the width, turning radius and road specifications necessary for his proposed paved streets that are to provide access to wellsites. It is our understanding those streets will be dedicated to Weld County. We assume that Weld County would require those streets meet minimum standards necessary for continuous oil and gas operations and for safely enclosing flowlines and pipelines. The compatible development agreement would also address other safety issues such as pipeline relocation responsibilities and liabilities and impact mitigation measures Mr. Petridis' plat as currently filed with Weld County does not accommodate that continuous unrestricted access to existing wells and facilities nor does it provide for sufficient setbacks to safely rework, recomplete, redrill, twin or plug and abandon existing wells or maintain and/or expand associated facilities. If Mr. Petridis wishes to agree to necessary and required safety measures and accommodations in the form of as plat notes rather than as a separate compatible development agreement, EnCana is willing to working with him in that manner. The measures and accommodations must, of course, be mutually agreed to by the developer and EnCana. EnCana has successfully worked with many surface developers to reach agreements that provide for the co-existence,joint development and mutual accommodation of the surface estate and the oil and gas estate. We certainly are willing to continue discussions with Mr. Petridis for the mutual accommodation of his proposed development and oil and gas operations. EnCana's objection to the plat as filed for the Morea Manor North development stands. Thank your for continued consideration of the issues. If EnCana can provide additional information, please do not hesitate to call either me at 720-876-3612 or Michael Tucker at 720- 876-3774. Sincerely, ENCA]SA�"'- /GAS (USA) INC. Lois A. Hall, CPL Lead Landman, DJ Basin cc: Colorado Oil & Gas Conservation Commission 1120 Lincoln Street, Suite 801 Denver, CO 80203 Attn: Patricia Beavers ENCANA_ EnCana Oil&Gas(USA)Inc. Weld 45 Acre LLC 9202 South Rockport Lane Highlands Ranch, CO 80126 Attn: Mr. Lee Petridis Astrella& Rice PC 1801 Broadway, Suite 1600 Denver, CO 80202 Attn: Rachael Gamble res" ENCANA.. EnCana Oil&Gas(USA)Inc. ENCANA.. 3,11 17th Street ter: irtierr 0/3 /r. Suite 1 700 fax: I i0 ri 623 r 100 Denver, CO:40207 wvr✓v.errcana ion: EnCana Oil & Gas (USA) Inc. December 19, 2005 Weld County Attorney's Office 915 Tenth Street Greeley, Colorado 80632 Attn: Lee Morrison Re: S/2NW Sec. 2, T2N, R67W Moorea Manor North PZ-1048 Lee Petrides Dear Mr. Morrison, EnCana Oil & Gas (USA) Inc. is aware that the Board of County Commissioners will be holding a hearing on December 28, 2005 to discuss the development referenced above. Attached please find photographs of EnCana's Echeverria 22-2 well located in the SENW Sec. 2, T2N, R67W. The well was completed in April 2000. At some point subsequent to that time, a road was constructed as shown in the photographs and that road is within five feet of the wellhead. We understand that the road has been dedicated to Weld County and will be the primary access to Mr. Petrides development. Our foremost concern is the safety of all involved when communities are planned in close proximity to oil and gas operations. EnCana has repeatedly expressed concerns regarding the proposed development of this area and the need for an agreement with the developer regarding the compatible development of these lands. Such an agreement would address the proximity of roads and other infrastructure to oil and gas facilities and other concerns necessary for the safe development of the surface as a residential community. We previously expressed some of our concerns in a letter dated October 26, 2005 to Ms. Hatch in the Weld County Planning Division, a copy of which is enclosed for your convenience. We request that the attached photographs be presented to the County Commissioners. The development, as currently proposed, does not adequately accommodate the existing oil and gas operations. In addition, due to the safety hazard created by the extreme proximity of the road to the wellhead, we request that the County delay a decision regarding the development until EnCana, the developer and Weld County resolve the issue of the location of the road. Sincerely, tY/--M"C— Michael L. Tucker EXHIBIT Consulting Landman Enc. 1 - Mark of I tit rrr ix.:a I,ttrI trt L: , .'y / V i r £2't to F y{ " ,,,yF'�11 J ro, :� ea�* r . : a a 1 4 ..f "p + ID* tM1/24""liF fir- -' ,5:t .'¢ • '.. '1 gyp(r�t -. „„y'y, : znf' ` 1 •. t i m. K ,u� .t.!-; ev sp .�. t� s t � yyOS tae. "..,,!;.}) rth 4--b.it by 3 , e4 rcF>s s mi:" a Ait t, :�py �`1.0"..\,:-:4,.:', M�,h' 'V p ^ A ' . 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