HomeMy WebLinkAbout20042508.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
r^ FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number nnnn _ nl J _n _nn _nnn
(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)
Legal Description Lot B of RE 2293 , Section 3°, Township 2 North, Range 68 West
Property Address(If Applicable) n/a
Existing Zone District : AC Proposed Zone District: EstateTotal Acreage: 55.09 Proposed #/Lots 9
Average Lot Size: 3.3 ac Minimum Lot Size: 2.6 ac Proposed Subdivision Name: Da1Mar Estates
Proposed Area (Acres) Open Space: 20.7 ac
Are you applying for Conceptual or Specific Guide? Conceptual Specific X
FEE OW NER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Dallas and Marjorie Schneider
,r. Work Phone#303/776-7916 Home Phone#303/776-7916 Email Address
Address: 520 WCR 18
City/State/Zip Code Longmont, CO 80504
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Dallas Schneider and Marjorie Schneider
Work Phone# Home Phone#303/776-7916 Email Address
Address: 520 WCR 18
City/State/Zip Code Longmont, CO 80504
UTILITIES: Water: The Left Hand Water District
Sewer: Each lot will have its own septic system
Gas: Propane
Electric: United Power, Inc.
Phone: Qwest Communications
DISTRICTS: School: St. Vrain Valley School District
Fire: Mountain View Fire Protection District
Post: Twin Peaks Mail Proeescing Center
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this
application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a
corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the
corporation. I (we),the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of
County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County,
C rado:
en'' caSejS1Al_G-e t /2-5-0O3 7?, -.),a r kr_ � I) 9/03
Signature: Owner or Authorized Agent Date Si nature: Owner or Authorized Agent Date
Y EXHIBIT
2004-2508
> •r
*er ort Date: 12/12/2003 02:34PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R8045499
ASSESSED TO:
SCHNEIDER DALLAS L&MARJORIE A
520 COUNTY RD 18
LONGMONT, CO 80504
LEGAL DESCRIPTION:
PT NE4 30-2-68 LOT B REC EXEMPT RE-2293 (.27R3D)
PARCEL: 131330000080 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 ADV 0.00 0.00 10.00 10.00 0.00
2002 COPR 0.00 0.00 4.00 4.00 0.00
2002 TAX 40.44 2.83 0.00 43.27 0.00
TOTAL TAXES 0.00
TAX YEAR TAX LIEN SALE TLS AMOUNT INTEREST FEES PAID TOTAL DUE
2002 20031516 57.27 0.52 13.00 70.79 0.00
TOTAL TAX LIEN 0.00
GRAND TOTAL DUE GOOD THROUGH 12/12/2003 0.00
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2306-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 11.03 AGRICULTUR 1,843 550
SCHOOL DIST RE1J 41.025 22.56
NCW WATER 1.000 0.55 TOTAL 1,843 550
LEFT HAND WATER 0.000 0.00
MTN VIEW FIRE(BOND 0.380 0.21
WELD LIBRARY 3.249 1.79
LONGMONT CONSERVATION 0.000 0.00
r MOUNTAIN VIEW FIRE 7.817 4.30
TAXES FOR 2002 73.527 40.44
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970)353-3845 ext.3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due,
issued by Weld County Treasurer, are evidence that, as of this date, all property taxes, special
assessments and prior tax liens currently due and payable connected with the parcel(s) identified
therein have been paid in full.
Signed ( i .A-17 Date /02//03
Treasurer's Tax Search Result Pag^ ^ Page 1 of 1
c\to* Welcome to
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Tax Search Details
Information for tax year: 2002 payable in 2003
Property Information
Owner Name: Schneider Dallas L & Marjorie A
Address:
City: Weld County, CO
Account Number: R8045499
Parcel Number: 131330000080
Legal Address: pt ne4 30-2-68 lot b rec exempt re-2293 (.27r3d)
Payment Information
Total Tax Amount: $40.44 Actual Land Value $1,843.00
First Half Amount: $0.00 • Actual Improved Value $0.00 •
'Second Half Amount: $0.00 Actual Total Value $1,843.00
SR. Exemption: $0.00 Assessed Land Value $550.00
Full Amount Paid: ($40.44) Assessed Improved Value $0.00
Current Balance: $0.00 Assessed Total Value $550.00
IF any of the following fields are "YES" please contact the Treasurer's Office for more information.
Tax Status
Tax Liens: No Tax Area 2306
Prior Taxes Due: No Senior Homestead Exemption: No
Special Improvement Tax: No Mill Levy 73.527
Database Last Updated at: 11:20 PM on December 3, 2003
http://www.co.weld.co.us/departments/treasurer/tax/tax results.cfm 12/4/2003
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
RESPONSES TO SKETCH PLAN COMMENTS
DALMAR ESTATES PLANNED UNIT DEVELOPMENT (PUD)
PEI No. 01-034
WELD COUNTY CASE NUMBER PZ-629
Adherence to Chapter 22 of the Weld County Code, Comprehensive Plan, Goals, and
Policies
1. This land is not prime farmland due to the steep slopes of the land and the
classification of the soil by the SCS Soil Survey.
2. There will be 9 lots located on 55 acres, enabling the current low-density lifestyle to
remain intact.
3. A Water Supply Information Summary has been submitted to the State Engineer's
office. Appropriate documentation has been provided indicating that taps are
available, along with assurances that these taps will be made. The agreement has
been sent to the Weld County Attorney's office and has been approved.
4. The owner has every intention of complying with Weld RE-1J School District's
mitigation fees. An agreement with the school district is underway.
Street/Utility/Access Standards
1. DalMar Road will be gravel, designed to be 24-feet in width with an additional 4-foot
gravel shoulder on each side. This road will have a 6-inch Class 5 or 6 road base.
All entrances to the lots will be off DalMar Road.
2. DalMar Road will have a 60-foot right-of-way. Mountain View Fire District has
agreed that WCR 18 can be used as an emergency access into the development. This
letter is attached.
3. DalMar Road has been adjusted by adding a knuckle to allow for an acceptable road
length. The maximum grade of 6% has not been exceeded. Additionally, the owner
is willing to be responsible for his portion of future changes to WCR 16/.
4. A final drainage report will be provided with the Final Plat submittal. The 100-year
flood hazard zones have been shown as hatched areas on the Change of Zone plan
titled "Land Use Map," sheet C-2.1.
5. A meeting was held with Drew Scheltinga, Traffic Engineer.
Pickett Engineering, Inc. Page 1 of 3
December 10,2003 DalMar Estates PUD
Landscaping/Homeowners Association
1. A Homeowners' Association will be formed and will be responsible for liability
insurance, taxes, and maintenance of landscaping and DalMar Road, including snow
removal. In addition, the covenants will address the entity responsible for the taxes,
maintenance, and use of the outlots that will be deeded to the Homeowners'
Association. The Homeowners' Association will own and will be responsible for the
upkeep and maintenance of all open space areas. Membership will be mandatory for
each residential owner.
2. All permanent signs and structures have been added to the Change of Zone plan titled
"Land Use Map," sheet C-2.1. The name DalMar Road does not duplicate any
existing street names.
3. The owner will comply with the Southwest Weld Road Impact Program.
4. A bus stop/mail stop area has been incorporated into the minor subdivision. The
School District requests that it be 10' north of WCR 16'/2.
5. The utility easements comply with the standards enforced by Weld County.
6. Any future landscaping at the intersection of DalMar Road and WCR 16'/z will
comply with sight-distance regulations.
Uses/Bulk Requirements/Compatibility of Uses
1. The portion of the property that resides within the flood plain will comply with the
Flood Hazard Overlay District's requirements.
2. The content of Weld County's Right-to-Farm policy shall be incorporated into the
covenants and has been added to the plans.
3. All agreements with mineral owners associated with the property are included with
this submittal.
4. Evidence that an adequate attempt has been made to mitigate the concerns of the
mineral rights owners has been included.
Pickett Engineering, Inc. Page 2 of 3
December 10,2003 DalMar Estates PUD
.� Design Standards/Improvements Agreement/Subdivision Improvements
1. The owner will comply with the Improvements Agreement for publicly maintained
roads for his portion of WCR 16%z.
Environmental Criteria
1. Per the Weld County Health Department Criteria, lot-specific geotechnical
investigations will be required for foundation designs and septic systems. An
effective stormwater management plan that maintains positive drainage away from
the proposed structures will also be implemented. All recommendations by Northern
Colorado Geotech will be followed.
Pickett Engineering, Inc. Page 3 of 3
December 10,2003 DalMar Estates PUD
DALMAR ESTATES PUD
PEI No. 01-034
SPECIFIC DEVELOPMENT GUIDE
Weld County Code—Article VI
Section 27-6-30. Major Components of the Development Guide
The development guide consists of eight (8) major components of the PUD development,
as follows:
A. Environmental impacts
B. Service provision impacts
C. Landscaping elements
D. Site design
E. Common open space usage
F. Proposed signage
G. MUD impacts
H. Intergovernmental agreement impacts
A. Component One—Environmental Impacts
1. Noise and Vibration: It is not anticipated that any excess noise or vibrations will
be created by the project that would not be associated with a typical residential
development. There are no businesses planned for this site that would create
noise or vibration causing an environmental impact.
2. Smoke, dust and odors: The project will not generate any unusual smoke or
odors. During construction, dust control will be provided in accordance with
local and state regulations After construction open space areas will be planted to
minimize the generation of dust.
3. Heat, light, and glare will be controlled by landscape and development design.
4. Visual/Aesthetic impacts: There will be no visual or aesthetic impacts not
normally associated with a development of this type. All buildings will conform
to the Weld County Building Code.
5. Electrical Interference: The existing power lines along CR 16% are above and
below ground. There is no reason to expect that the project will create any
electrical interference.
Pickett Engineering,Inc.
Specific Development Guide December 10,2003
DalMar Estates Page 1 of 5
6. Water pollution: Water pollution will not occur. Wastewater treatment and
sanitary sewer systems are discussed below. See the drainage report for
additional information.
7. Wastewater disposal: Wastewater disposal is discussed in the sanitary sewer and
storm drainage sections.
8. Wetland removal: The wetlands on the site will be preserved in their natural
condition. The project has been designed around these areas and they will be
used as open space for the development.
9. Erosion and sedimentation: Erosion and sedimentation during construction will
be controlled in accordance with local, state, and federal regulations. After
construction, erosion and sedimentation will be controlled with landscaping,
detention ponds, and storm drainage structures.
10. Excavating, filling, and grading: The site will be designed to balance if possible.
Excavated material will be placed in other areas and compacted to the required
densities. Work will be done in accordance with applicable regulations regarding
fugitive dust and erosion control.
11. Drilling, ditching and dredging: See excavating, filling, and grading, above.
12. Air pollution: No uses are planned that would require an Air Pollution Emission
Notice (APEN).
13. Solid Waste: A local trash company will dispose of solid waste. The residents of
this subdivision will have curbside service.
14. Wildlife Removal: Existing wildlife will not be affected by this development.
15. Natural vegetation removal: All existing natural vegetation will remain.
16. Radiation/radioactive material: There is no radiation or radioactive material on
this site.
17. Drinking water source: Potable water will be provided by the Left Hand Water
District. See attached letter/agreement regarding taps.
18. Traffic impacts: Traffic impacts are not an issue for this subdivision. This is
discussed in the Traffic Impact Analysis portion of the following section.
Pickett Engineering,Inc.
Specific Development Guide December 10,2003
DalMar Estates Page 2 of 5
�. B. Component Two—Service Provision Impacts
1. Schools: The project is located within the St. Vrain Valley School District. The
developer/owner has agreed to comply with the school district's requirements.
2. Law Enforcement: Law enforcement will be provided by the Weld County
Sheriff's office.
3. Fire Protection: The Mountain View Fire Protection District located at 9119
County Line Road, Longmont, Colorado, will provide fire protection. This
agency has been contacted and possesses the capacity to meet the needs of the
development.
4. Ambulance: Tri-Area Ambulance located at 350 4th Street in Frederick, Colorado,
will serve the development.
5. Transportation: The development is located north of and adjacent to Weld
County Road 16'1 and approximately 0.75 miles east of WCR 1. There will also
be an emergency access road that will follow WCR 18, which runs along the
northern border of the property. The maintenance of this road will be the
responsibility of the Homeowners' Association.
6. Traffic Impact Analysis: According to Don Carroll of Weld County Public
Works, 128 vehicles were counted over a 72-hour period on CR 16'1 between
County Roads 1 and 3, on April 26, 2002. This equates to 43 vehicles per day.
When fully developed, DalMar Estates is expected to generate 90 vehicles per
day. Based on this information, we do not expect that a traffic study will be
necessary for this development.
7. Storm Drainage: A combination of underground systems and open drainageways
will collect stormwater. Historical flow pathways will be utilized as much as
possible. Stormwater will be released back into the ditch. Stormwater will flow
over the natural terrain prior to returning to the ditch. Refer to the drainage report
for more information.
8. Utility Provisions: Qwest will provide telephone service, and United Power Inc.
will provide electric service to the proposed development. There are no cable TV
or gas services available in this area at this time. Please see the attached "Will
Serve" letters.
9. Water Provisions: The Left Hand Water District will supply domestic water to
the DalMar Estates development. An Agreement for Water Main Extensions is
attached.
Pickett Engineering,Inc.
Specific Development Guide December 10,2003
DalMar Estates Page 3 of 5
10. Sewage disposal Provisions: Sewage disposal will be provided by individual
septic systems.
11. Structural Road Improvement Plan: The subdivision will contain a two-way, 24'-
wide, gravel road with a 60' right-of-way. There will be two, 12', gravel lanes
with a 4', gravel shoulder on each side. There will be a borrow ditch along the
left side of the street. The right-of-way radius at the end of the cul-de-sac is 70'.
This allows smooth and easy turning of large fire equipment.
C. Component Three—Landscaping Elements:
1. The landscaping plan illustrates the conceptual location of trees within the
development. As shown on the Land Use Map, there are approximately 21 acres
of common, open space. This area will be seeded with native, xeriscape grasses,
shrubs, wild flowers, and deciduous trees to simulate the riparian and prairie
landscape of the stream basins in the surrounding area. Plant species to be used
will be native or adapted to Front Range conditions. Plants that are discouraged
by Weld County will not be used in the landscape of this development. There will
be no irrigation of the area after the plants have become established. Each lot will
also be landscaped with native-type grasses and shrubs, creating a natural pasture.
Every attempt will be made to restore the on-site vegetation. Drawing C-2.1,
attached, shows a landscaping plan of the property.
D. Component Four—Site Design:
1. The land proposed for the DalMar Estates subdivision will be used for PUD-
zoned Residential in a farming-community setting. The areas encompassing it are
mainly agricultural with some residential to the north and west. Each oversized
lot will have views of Colorado's majestic mountains. The Gooding, Dailey, and
Plumb Ditch runs through the site along the southeast border, a fact that only
enhances the beauty and grandness offered by these spacious lots. The land is
currently zoned agricultural, but fanning this land has never been feasible. The
primary classification given to the soil in this parcel by the SCS is Otero Sandy
Loam with 5-9% slopes. Due to the steep slopes and the current condition of the
ground, this area is not conducive to farming. Therefore, the owner believes low-
density Estate Zoning will better utilize this land.
2. There are 9 lots planned for this 55-acre subdivision. Ranging in size from 2.6
acres to 4.1 acres, the lots will contain single-family, ranch-style homes, with the
building footprints being situated in such a way to enhance the majestic, private
views each lot has to offer. There are approximately 21 acres planned for open
space, which accounts for approximately 38% of the development. This open
space will be divided among three outlots that will be utilized by the residents of
DalMar, not only for recreational purposes, but also for their scenic value.
Pickett Engineering, Inc.
Specific Development Guide December 10,2003
DalMar Estates Page 4 of 5
E. Component Five—Common Open Space:
1. A Homeowner's Association will be formed and membership will be required for
every homeowner in this subdivision. This association will be responsible for
liability insurance, taxes, maintenance of landscaping, and all upkeep of DalMar
Road including any snow removal. In addition, the covenants will address the
entity responsible for the taxes, maintenance, and use of the outlots and the
facilities located over the Gooding, Plumb & Dailey Ditch, all of which will be
deeded to the Homeowner's Association. The Homeowner's Association will
own and will be responsible for the upkeep and maintenance of these areas also.
The covenants will address Weld County's Right-to-Farm policy. It will state the
rights of the farmers in this area to continue the activities necessary to operate
their businesses. The farming community will be incorporated in such a way as to
enhance this subdivision,just as the subdivision will be developed in a way that
allows for continued farming and ranching of the farmland that surrounds it.
F. Component Six—Signage:
1. All Signage will meet the requirements of Chapters 23 and 26.
G. Component Seven—MUD Impact:
1. This project does not fall within the MUD District.
H. Component Eight—Intergovernmental Agreement Impacts:
1. There are no Intergovernmental Agreement Impacts on the proposed property.
Further questions:
Any questions or comments should be addressed to:
Dallas and Marjorie Schneider
520 Weld County Road 18
Longmont, Colorado 80504
303-776-7916
r
Pickett Engineering,Inc.
Specific Development Guide December 10,2003
DalMar Estates Page 5 of 5
E
December 15, 2003 PICKETT
ENGINEERING, INC.
Peter Schei
Weld County Public Works
PO Box 758
Greeley, Colorado 80632
RE: DalMar Estates PUD
PEI No. 01-034
Dear Mr. Schei:
With this letter, we request that the DalMar Estates Planned Unit Development (PUD) be granted a
waiver from paving Dalmar Road. DalMar Estates is a 9-lot subdivision on approximately 55
acres, located north of and adjacent to WCR 16%, east of WCR 1. WCR 16'/ is a little-traveled,
gravel road from WCR 1 to the end of WCR 16'/ at WCR 5.
Previously, Public Works had agreed to an internal gravel road in a memo dated November 8, 2002.
This acceptance was based on the original submittal of the subdivision as a Minor Subdivision.
The project has now been submitted as a PUD, as outlots are not allowed in Minor Subdivisions.
As stated in Section 27-2-20 of the Weld County Code titled Access Standards, "An exception to
paving may be granted by the director of Public Works for residential PUDs of nine (9) lots or less
located in non-urban areas as defined in Chapter 22 of this code, when the PUD is not located
within close proximity to other PUDs, subdivisions and municipal boundaries, and when access to
the PUD is not from a public road which is paved or will be paved within a year of approval of the
PUD."
Additionally, according to Don Carroll of Weld County Public Works, 128 vehicles were counted
over a 72-hour period on CR 161/2 between County Roads 1 and 3 on April 26, 2002. This equates
to 43 vehicles per day. When fully developed, DalMar Estates could be expected to generate 90
vehicles per day.
Thank you for your consideration of our request.
Sincerely,
PI KETT ENGINEERING, INC.
-effrO4 hilth9A-5`Lf
R. Clayton Harrison, PE
Vice President
RCH/pkg
cc: - Weld County Planner
808 8th Street — Greeley, CO 80631
Phone (970) 356-6362 -- Fax (970) 356-6486
PUBLIC WORKS DEPARTMENT---3/4%;;\ 1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
W� O . PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
COLORADO
TO: R. Clayton Harrison, P.E. DATE: 22-December-2003
Pickett Engineering, Inc.
808 - 8th Street
Greeley, Colorado 80631
(970) 356-6362
SUBJECT: DalMar Estates PUD—request for paving waiver
Dear Mr. Harrison:
The Weld County Public Works Department has reviewed your letter of December 15, 2003,
requesting a waiver from paving for proposed DalMar Estates PUD.
On 18-December-2003, the Public Works Department reviewed the requested paving waiver,
along with the County Code, the development site and surrounding area. The Director of Public
Works will not be granting a paving waiver (of internal roadways) for this subdivision.
Weld County's decision was based primarily on the following:
❑ This proposed subdivision would generate additional traffic to adjacent gravel
County Road 16 1/2, which will exceed the threshold, whereby fugitive dust is a
concern along with surface maintenance.
❑ A review of Department data indicates another proposed development in the
vicinity that will cumulatively impact County road infrastructure.
❑ Development activity projects County Road 16 `/2 to be paved, because of
transportation impacts to this area.
Although this may not be the response you sought for your proposed development, it is in the
best long-term interests of the County to have new growth participate with County standards.
Page 1 oft
On behalf of the County, I would like to thank you for your patience and cooperation with Weld
County during this review process.
Please call with any questions or concerns.
Sincerely,
Peter Schei, P.E.
Weld County
Public Works Department
970-356-4000 x3750
PC: File
Email: Frank B. Hempen, Jr., P.E., Weld County- Public Works
Keith Meyer, P.E., Weld County Public - Works
Kim Ogle, Weld County- Planning
Page 2 of 2 u,
i ' Road File#: Date: Dec 4. 2003
RE#:
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext.3750 Fax: (970)304-6497
1. Applicant Name Dallas & Marjorie Schneider Phone 303-776-7916
Address 520 WCR 18 City Longmont State CO Zip 80504
2. Address or Location of Access
Section 30 Township 2N Range 68W Subdivision RF2293 Block Lot B
Weld County Road #: 161/2 Side of Road N Distance from nearest intersection
3. Is there an existing access to the property? Yes X No #of Accesses 1
4. Proposed Use:
❑ Permanent Zg Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
*************************************************************************************************************************M****
5. Site Sketch
Legend for Access Description:
AG
= Agricultural
L.__
RES = Residential
O8G = Oil&Gas
^ D.R. = Ditch Road
= House AG
= Shed
jAExLOT B
Ay
Ni
AEI A4
WCR. IbyZ
OFFICE USE ONLY:
Road ADT
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
CERTIFICATE OF CONVEYANCES WELD COUNTY
-7-
Mar 02 04 01 : 56p Pickett#Engineering, #Inc. 970-356-6468 p. 2
O00N74', MOUNTAIN VIEW FIRE PROTECTION DISTRICT
es— F A. e Administrative Office:
9119 County Line Road•Longmont,CO 80501
(303)772-0710•FAX(303)651-7702
VIEW
May 3,2002
Mr. Clayton Harrison
Pickett Engineering,Inc.
808 8"'Street
Greeley,CO-80-631 Dear Mr.Harrison:
It has come to my attention that there is some concern about the use of a private road, also known
as "Weld County Road 18", for secondary access into the proposed DelMar Estates subdivision.
At this time the Fire District does not object to the use of this mad for the purpose of secondary
access into the proposed DelMar Estates. Once construction begins on the first house in DelMar
Estates this secondary access must be in place and must be maintained.
The Fire District reserves the right to make further comments as development proceeds. Nothing
in this review is intended to authorize or approve of any aspect of this project that does not
comply with all applicable codes and standards. We appreciate being involved in the planning
process. Should you have any questions, please contact me at(303)772-0710.
Sincerely,
G1
Lon D.Miller
Fire Prevention Officer
LDM/1m
Cc: project file
file
M105101.02
Station 1 Stalon2 Station 3 Staler 4 St&Eon 5 Station 6 Station 7
9119 Gay Una FM. 10971 WOR 13 P.O.Box 575 P.O.Boa 11 10911 Dobbin Run P.O.Box696 Longmont CO Longmont,CO 298 Palmer Ave. 8500 Niwot Road Lafayette, P.O.For 40
80501 80504 Mad.CO 80542 Nom,CO 80544 0024 t CO 05 100 So.Foreste051.
80026 Edo.0080518 0emno,CO 80514
Mar 02 04 01 : 56p PickettttEngineering, ttIne. 970-356-6486 p. 3
01-034/Z
M°u"r°'y MOUNTAIN VIEW FIRE PROTECTION DISTRICT
fA a Administrative Office:
9119 County Line Road• Longmont, CO 80501
(303)772-0710•FAX (303) 651-7702 •
VlEtf
December 11,2002
It Dallas Schneider •
DelMar Estates Subdivision
320 Woldrounty Raid 18'
Longmont,CO 80504
Dear Mr. Schneider.
With regard to the secondary emergency access to the DelMar Estates Subdivision, the Fire
District agrees that secondary emergency access may be achieved by providing an emergency
access from DelMar Road to Schneider Way. The Fire District is aware that Schneider Way and
Weld County Road 18 are considered as private roads by the county.
The emergency access mad must be designed and maintained to support the imposed loads of fire
apparatus (60,000 pounds)and must have a surface that provides all-weather driving capabilities.
If the emergency access road is going to be dosed off by gates or barriers,the Fire District must
approve the method of closure.
As the homeowners association will be responsible for maintaining this access,this information
must be recorded in the subdivision covenants and a copy of the final covenants provided to Fire
District.
Should you have any questions,please call me at 303-772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: project file
1,12.07.02
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SURFACE USE AGREEMENT
This Surface Use Agreement ("Agreement") is entered into and made effective this _
day of October, 2003, between Ken McGee Rocky Mountain Corporation ("KMG"), with an
address of 1999 Broadway, Suite 3600, Denver, Colorado 80202, and Dallas L. Schneider and
Marjorie A. Schneider ("Surface Owner"), with an address of 520 Weld County Road 18,
Longmont, Colorado 80504.
A. Surface Owner owns the surface (and a portion of the mineral interest which is
currently under an oil and gas lease) of that certain tract of land in a portion of the E/2 of
Section 30, Township 2 North, Range 68 West, County of Weld, State of Colorado, and
as more particularly described on Exhibit A attached to this Agreement (the "Property");
B. Surface ownership of the Property is subject to the rights of the oil and gas mineral
leasehold estate, which a portion of is now owned by KMG;
C. Surface Owner plans to develop the surface of the Property as a residential
subdivision known as Delmar Subdivision;
D. KMG currently operates a single natural gas well, known as the Sawdey Gas Unit
#2 (the "Existing Well"), and associated flowlines and production facilities on the
Property, which are all shown on Exhibit A attached to this Agreement;
E. KMG has the right to undertake further development of its oil and gas leasehold
estate on the Property, including the drilling of additional wells;
F. The parties have entered into this Agreement to provide for the orderly and
cooperative development of the surface by Surface Owner to minimize interference with
mineral production operations and to provide for the orderly and cooperative production
of minerals by KMG to minimize interference with surface use and development;
G. The parties have specified in this Agreement the specific locations upon the
Property where mineral exploration and production may occur and where access to
mineral exploration and production facilities may be obtained and where facilities and
pipelines may be required to be located. This Agreement also contains a partial release of
surface rights by KMG and a specific grant by Surface Owner for the use of certain
surface areas;
H. This Agreement sets forth the parties' rights and obligations regarding 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 and their successors and assigns.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
I of 12
1. AREAS RESERVED FOR EXISTING AND FUTURE OPERATIONS.
1.1 Under the terms of its oil and gas lease and the applicable regulations of the
Colorado Oil and Gas Conservation Commission (the "COGCC"), KMG has the right to drill
additional wells to bottom hole locations on the Property (hereinafter "Future Wells"). KMG
also has the right to undertake the any and all related operations in connection with the Future
Wells and the Existing Well, including, but not limited to, production activities, workovers, well
deepenings, recompletions, fracturing, replacement wells, and re-fracturing. In order to provide
for such, KMG shall be entitled to the use of the areas depicted on Exhibit A (the "Oil and Gas
Operations Areas") for such operations, except the location of Future Wells shall be restricted
and limited to the shaded area shown on Exhibit A as the "Oil and Gas Drilling Area".
1.2 During the term of this Agreement, the Oil and Gas Operations Areas shall be
reserved and utilized for the purposes of drilling all Future Wells, which locations of Future
Wells shall be limited to the Oil and Gas Drilling Area, and for the conduct of any and all related
operations by KMG in connection with the Future Wells and the Existing Well, including, but
not limited to, drilling and production activities, maintenance, workovers, well deepenings,
recompletions, fracturing, replacement wells, and re-fracturing. Except as otherwise provided
herein, Surface Owner shall not use or occupy any part of the surface of the Oil and Gas
Operations Areas.
1.3 Except for the Oil and Gas Operations Areas, and including the access roads and
all access and necessary easements associated with flowlines, gathering lines and pipelines
("ROWs) as provided in this Agreement, KMG shall not use or occupy the surface of the
Property except in the event of an emergency in which case such use shall be temporary.
2. BUILDING RESTRICTIONS; SETBACK REQUIREMENTS.
2.1 Except as provided in Section 5.2 a. below, Surface Owner shall not build,
construct or install any improvements upon any portion of the Property lying within the Oil and
Gas Operations Areas, including, but not limited to landscaping, sprinkler system, fences,
sidewalks, access or haul roads, paved streets, and water drainage and sewer systems, without the
prior written consent of KMG. If, after obtaining such consent and constructing any other
improvements within the Oil and Gas Operations Areas, KMG requests that such improvements
be moved or removed to accommodate KMG's oil and gas operations thereon, Surface Owner
shall be obligated, at Surface Owner's expense, to move or remove such improvements within
forty-five (45) days from the date such request is received. KMG shall use reasonable care in
conducting its operations on the Oil and Gas Operations Areas, but shall not be responsible for
damage associated with KMG's reasonable operations to any improvements constructed by
Surface Owner in the Oil and Gas Operations Areas.
2.2 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 under the COGCC rules and regulations, and under 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 the oil and gas in accordance with this Agreement. Surface
Owner understands and agrees that KMG or its successors and assigns 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 consistent with the operations within the Oil and Gas Operations Areas
as contemplated by this Agreement. Subject to the waivers set forth herein and in Section 8,
KMG shall otherwise conduct its operations in compliance with all applicable rules and
regulations of the COGCC. Nothing herein shall operate to limit the Surface Owner's rights to
object to KMG's non-compliance with any other law or regulation.
3. FLOWLINES AND PIPELINES.
3.1 Surface Owner's current development plans may require the relocation of existing
flowlines and/or the existing natural gas pipelines now located on the Property (the "Existing
Pipeline(s)"), which pipelines are operated by ICMG. Surface Owner shall enter into a separate
agreement with KMG regarding the relocation of such Existing Pipelines at Surface Owner's
sole cost and expense. All relocated flow lines and pipelines shall be buried at least 4 feet from
the surface.
3.2 KMG or its affiliates, at its sole cost and expense, shall have the right to lay new
flowlines and pipelines within existing easements, and shall also have the right to replace any
and all flowlines, gathering lines and pipelines for gas and liquids, including replacement of any
future lines as provided herein, necessary in connection with KMG's production and
transportation of oil and gas from any wells on the Property. Flowlines and pipelines for Future
Wells will be located in the Oil and Gas Operations Areas and additional rights of way shall not
be required for those lines. To the extent KMG reasonably requires any flowlines or pipelines
beyond the Oil and Gas Operations Areas, Surface Owner shall grant the requested non-
exclusive rights-of-way (each a "ROW") needed by KMG for such purposes, provided the
location is mutually acceptable to Surface Owner and KMG. To the extent possible all pipelines
and flowlines will be located under or adjacent to access roads to the Oil and Gas Operations
Areas and production facilities. All pipelines shall be located at a surface depth of approximately
4 feet from the final graded elevation. Flowlines, which are defined as those lines which carry
water or hydrocarbons from the wellhead to a production unit (such as a separator) shall be
buried to a surface depth of at least 4 feet. The construction and burying of additional flowlines,
gathering lines and pipelines shall be at the sole cost and expense of KMG or its gas purchaser
and shall be accomplished in accordance with applicable law. If KMG desires to change the
location of any flow line, pipeline or gas gathering located in a ROW, such relocation shall be
subject to the prior written approval of Surface Owner. Surface Owner shall maintain a
minimum of 4 feet of cover over all pipelines and flowlines during any of Surface Owner's
operations.
3.3 Surface Owner shall be entitled to install, erect or construct within or across any
ROW parallel to existing and/or future flow lines and pipelines of KMG located outside an Oil
and Gas Operations Area, Surface Owner's own utility lines for water, sewer, telephone and
cable as may be reasonably required for residential development of the Property. Surface
Owner agrees that, except in cases of emergency, Surface Owner will contact KMG at least ten
(10) business days prior to commencing any trenching or digging activities within a ROW and
that during its installation, maintenance and use of its utilities in any ROW of KMG, it will not
unreasonably interfere with KMG's use and operation of flow lines or other pipelines in such
easements. Surface Owner agrees that all such utilities that are placed in the ground after
KMG's pipeline or flowline shall be placed horizontal to KMG's pipeline or flowline at a
minimum of 7.5 feet from the centerline of the pipeline or flowline, and any such utilities that
cross the ROW shall be placed below KMG's pipeline or flowline and there shall be a minimum
clearance of 18 inches between KMG's pipeline and such utility lines placed in the ground and
crossing the ROW.
4. ACCESS.
4.1 Surface Owner shall at all times provide to KMG non-exclusive access easements,
18 feet in width, and which are sufficient to access the Oil and Gas Operations Areas as depicted
on Exhibit A hereto. Unless shown on Exhibit A hereto, such access shall be mutually agreed
upon by the Parties and shall be of sufficient scope to allow KMG to conduct the operations
contemplated for the Existing Wells and the Future Wells, and shall be built to withstand a
minimum of 26,000 pounds per axle. The access roads to be used by KMG will be those roads
either that are presently in place, future roads which are depicted on Exhibit A, or that are
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. KMG shall maintain and use the existing
access or future access roads depicted on Exhibit A until such time Surface Owner requests a
change of access. During construction activities on the Property, Surface Owner will not
unreasonably interfere with access to all of KMG's wellheads and production facilities.
5. PRODUCTION FACILITIES AND EQUIPMENT.
5.1 KMG shall have the right to locate, build, repair and maintain tanks, separators,
dehydrators, compressors and other equipment reasonably necessary, appropriate or convenient
for the operation and production of the Existing Well and Future Wells within the Oil and Gas
Operations Areas; provided any new, expanded or relocated facilities shall be restricted and
limited to the shaded area shown on Exhibit A as the "Oil and Gas Production Facility Area".
5.2 With respect to KMG's equipment and facilities other than flowlines and
pipelines and access roads:
a. KMG shall install and maintain, at its sole cost and expense, all fences
around Existing Wells and Future Wells in compliance with the rules and regulations of
the COGCC. At its sole expense, Surface Owner may install privacy fencing and/or
landscaping within the Oil and Gas Operations Area to shield the oil and gas facilities
from surrounding view. Installation of such fencing or landscaping by Surface Owner
shall be subject to the prior review and approval of KMG, to ensure that the same do not
impose any undue safety or operational constraints.
b. KMG shall install and maintain, at its sole cost and expense, all gates and
locks necessary for the security of any wells and/or facilities in the Oil and Gas
Operations Areas. Such gates and locks shall be of a type and quality customarily used
by KMG for such purpose;
c. KMG shall paint any production facilities for any wells, including
wellhead guards, with paint that is approved by the COGCC; and
6. NOTICE OF FUTURE OPERATIONS.
6.1 KMG shall provide at least seven (7) days prior written notice to Surface Owner
of any operations in connection with the reworking, fracturing, deepening or other operation on
any Existing Well, Future Well or any replacement well; provided, however, that KMG shall
provide at least thirty (30) days prior written notice to Surface Owner of the initial drilling of any
Future Well. Regardless of the foregoing notice requirements, KMG shall have immediate
access to the well site in the event of an emergency.
6.2 The notification of operations shall describe the following:
a. The proposed starting date for the proposed activity;
b. The proposed operations to be performed at the site;
c. The approximate duration of the proposed activities.
6.3 Not less than five (5) working days prior to KMG's entry date on the applicable
Oil and Gas Operations Areas for the operations set forth in its notice described above, either
KMG or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to
provide further information to Surface Owner of the expected activity and to coordinate site
access, hazards, barricades, restoration or any other issues that affect the use of the Property and
the safety of Surface Owner's development.
7. NOTICES TO HOMEOWNERS AND BUILDERS.
7.1 Surface Owner shall provide on its subdvision plat written notice to all such
builders, homeowners and other buyers of the Property and any homeowners associations that:
a. there may be ongoing oil and gas operations in the Oil and Gas Operations
Area;
b. there are likely to be Future Wells drilled and associated oil and gas
operations taking place on the surface of the Oil and Gas Operations Area, as well as the
vehicular traffic necessarily associated with such operations; and
c. purchasers of all or a portion of the Property, as successors in interest to
Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights and
obligations under this Agreement, including but not limited to the granting of waivers as
set forth in Section 2.2 hereinabove.
7.2 Such notice shall be deemed to have been given through recordation of a plat in
the real property records of Weld County containing the above information.
8. DRILLING AND COMPLETION OPERATIONS.
KMG shall diligently pursue any drilling operations to minimize the total time period and
to avoid rig relocations or startup during the course of drilling. Subject to the waiver of setback
requirements as set forth above, KMG shall conduct its operations in compliance with the
provisions of the Rules and Regulations of the COGCC set forth in Rule 603 and with applicable
law in a good and workmanlike manner. KMG agrees to be responsible for all damages to
personal property, fixtures and other improvements located upon the Property and for personal
injury to individuals and to reimburse the costs thereof to Surface Owner upon demand.
9. GOVERNMENTAL PROCEEDINGS.
9.1 So long as there is no default under this Agreement by KMG, Surface Owner
shall not, directly or indirectly, oppose KMG in any agency or governmental proceedings,
including but not limited to the COGCC, Weld County, 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. Surface Owner will provide KMG or its successors and assigns
with whatever written support they may reasonably require to obtain permits from the COGCC
or any local jurisdiction.
9.2 So long as there is no default under this Agreement by Surface Owner, KMG
shall not, directly or indirectly, oppose Surface Owner in any agency or governmental
proceedings, including but not limited to Weld County, or other governing body proceedings,
related to Surface Owner's development of the Property, including but not limited to applications
regarding zoning, platting, subdivision, dedications, subdivision improvement agreements and
development, provided that Surface Owner's applications are consistent with this Agreement.
KMG will provide Surface Owner or its successors and assigns with whatever written support
they may reasonably require to obtain development approvals from the appropriate governing
body.
10. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
10.1 No party shall be liable for, or be required to pay for, special, punitive, or
exemplary damages to any other party for activities undertaken within the scope of this
agreement;
10.2 Except as to claims arising out of pollution or environmental damage (which
claims are governed by Section 11 below) or out of other provisions of this Agreement (which
claims shall be governed by the terms of this Agreement), each party shall be and remain
responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines,
penalties, expenses and liabilities, including without limitation attorneys' fees and other costs
associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out
of or connected with each such party's ownership of or operations on the Property, no matter
when asserted, subject to applicable statutes of limitations. Each such party shall release, defend,
indemnify and hold the other party, its officers, managers, agents, contractors, subcontractors,
directors, employees, successors and assigns, harmless against all such Claims. This provision
does not, and shall not be construed to, create any rights in persons or entities not a party to this
Agreement, nor does it create any separate rights in parties to this Agreement other than the right
to be indemnified for Claims as provided herein;
10.3 Upon the assignment or conveyance of a party's entire interest in the Property,
that party shall be released from its indemnification in Section 10.2 above, for all actions or
occurrences happening after such assignment or conveyance.
11. ENVIRONMENTAL INDEMNITY.
11.1 The provisions of Section 10 above, except for Section 10.1, shall not apply to
any environmental matters, which shall be governed exclusively by the following, subject to the
limitations of Section 10.1 above:
a. "Environmental Claims" shall mean all Claims asserted by governmental
bodies or other third parties for pollution or environmental damage of any kind, arising
from operations on or ownership of the Property or ownership of the oil and gas
leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines
and penalties associated therewith, including but not limited to any Claims arising from
Environmental Laws or relating to asbestos or to naturally occurring radioactive material.
Environmental Claims shall not include the costs of any remediation undertaken
voluntarily by any party, unless such remediation is performed under the imminent threat
of a Claim by a governmental body or other third party;
b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or
order of any governmental authority(ies), which relate to or otherwise impose liability,
obligation, or standards with respect to pollution or the protection of the environment,
including but not limited to, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.),the Clean Water Act
(33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the
Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act,
and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); or their state
counterparts.
c. Environmental Indenmification. KMG shall protect, indemnify, and hold
harmless Surface Owner, the homeowners association, any lot owner who purchases a lot
from Surface Owner and any other successor and assign of Surface Owner from any
Environmental Claims relating to the Property or oil and gas leasehold thereunder that
arise out of KMG's ownership of the leasehold estate or use of the Property including but
not limited to, oil and gas operations or ICMG's ownership and operation of its pipeline
easement or rights-of-way on the Property. Surface Owner shall fully protect, indemnify
and hold harmless KMG from any and all Environmental Claims relating to the Property
that arise out of Surface Owner's development of the Property.
12. EXCLUSION FROM INDEMNITIES.
The indemnities of any party herein shall not cover or include any amounts, which the
indemnified party may recoup from any third party, or that for which the indemnified party is
reimbursed by any third party.
13. NOTICE OF CLAIM FOR INDEMNIFICATION.
If a Claim is asserted against a party for which another party would be liable under the
provisions of Section 10 or 11 above, it is a condition precedent to the indemnifying party's
obligations hereunder that the indemnified party give the indemnifying party written notice of
such Claim setting forth all particulars of the Claim, as known by the indemnified party,
including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good
faith effort to notify the indemnifying party within thirty days of receipt of a Claim and shall
provide such notice in all events within such time as will allow the indemnifying party to defend
against such Claim.
14. REPRESENTATIONS.
Each party represents that it has the full right and authority to enter into this Agreement.
Surface Owner specifically confirms its capacity to validly execute the ROWs and easements
provided for herein. 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 the KMG
leasehold and operator interests in the property.
15. SUCCESSORS.
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.
16. TERM.
This Agreement shall become effective when it is fully executed and shall remain in full
force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged
and abandoned all wells owned all or in part by KMG and complied with the requirements of all
applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all
other applicable provisions of the leases and existing laws and regulations. When this Agreement
ceases to be in full force and effect, the parties shall execute any and all releases necessary to
evidence the fact that this Agreement shall no longer apply to the Property.
17. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S. Mail,postage prepaid, addressed to each of the following:
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:
Dallas L. Schneider
Marjorie A. Schneider
Weld County Road 18
Longmont, Colorado 80504
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
18. RECORDING.
This Agreement, any amendment hereto, and any release entered into pursuant to
Section 16 above, shall be recorded by KMG, which shall provide the other parties with a copy
showing the recording information as soon as practicable thereafter.
19. SURFACE DAMAGES; WAIVER OF PAYMENTS.
19.1 In consideration of the Parties' respective rights, obligations and benefits, as
outlined herein, this Agreement shall constitute the surface use or surface damage agreement
provided for under the COGCC'sRules and Regulations or under any oil and gas lease covering
the Property.
19.2 The term "surface damage payments" as used herein shall be given the meaning
commonly used in the oil and gas industry. As part of the consideration for this limitation by
KMG, of what would otherwise be the right to make reasonable use of any part of the Property in
the conduct of its operations, and without limiting the applicability of Sections 10 and 11 below,
KMG shall not be obligated to pay, and Surface Owner hereby waives any right to receive, any
further surface damage payments, license or use fees including all damages provided for under
any oil and gas lease or leases now or hereafter covering the Property, with respect to any
operations conducted on the Oil and Gas Operations Areas or upon access roads, flowlines, gas
gathering pipelines, or other easements used in connection with the Oil and Gas Operations
Areas. 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. The waiver of surface damages
provided herein shall include any claim for excessive surface use insofar as the Oil and Gas
Operations Area is used to produce oil and gas from any portion of the Property or other lands
pooled therewith. In the event KMG is ever required to cross, occupy or utilize any part of the
Property other than the Oil and Gas Operations Areas, the access roads thereto or any ROWs
used in connection with the Oil and Gas Operations Areas, KMG shall be liable for any and all
damages that may occur as a result thereof.
20. ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be resolved by arbitration conducted in Denver, Colorado and shall be administered
by the American Arbitration Association under its commercial rules, and judgment on the award
rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof.
21. 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.
22. 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.
25. EXECUTION AND BINDING EFFECT
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, and shall be binding upon and inure to the benefit of the parties, and each of their
respective heirs, executors, administrators, successors and assigns and is executed by the parties
as of the Effective Date set forth above.
26. HEADINGS. The section headings contained herein are for convenience in reference
and are not intended to define or limit the scope of any provision of this Agreement.
27. TIME OF ESSENCE. Time is of the essence in this Agreement.
28. NON-WAIVER. Waiver by either party or of the failure of either party to insist upon
the strict performance of any provision of this Agreement shall not constitute a waiver of the
right or prevent any such party from requiring the strict performance of any provision in the
future.
29. SEVERABILITY. Any covenant, condition or provision herein contained that is held to
be invalid by any court of competent jurisdiction shall be considered deleted from this
Agreement, but such deletion shall in no way affect any other covenant, condition or provision
herein contained so long as such deletion does not materially prejudice the Surface Owner or
KMG in their rights and obligations contained in valid covenants, conditions or provisions.
30. NO JOINT VENTURE. This Agreement is not intended to, nor shall it be interpreted to
create a joint venture, partnership or any other relationship between the Surface Owner and
KMG, other than that of surface owner and oil and gas lessee, respectively.
31. CONTINGENT ON DEVELOPMENT APPROVALS. This Agreement is contingent
and subject to approval and recordation of a final subdivision plat. If the Surface Owners are
unable to obtain approval for their development project, the Surface Owners may elect to
terminate this Agreement in which event this Agreement shall have no further effect and the
parties shall be relieved of their obligations hereunder.
The parties have executed this Agreement on the day and year first above written.
KERR MCGEE ROCKY MOUNTAIN CORPORATION
By:
JAMES P. WASON
Attorney-in-Fact
MARJORIE A. SCHNEIDER DALLAS L. SCHNEIDER
t4441/144:C/
ACKNOWLEDGMENTS
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of 2003,
by JAMES P. WASON, as Attorney-in-Fact for Kerr McGee Rocky Mountain Corporation, on
behalf of such corporation.
Witness my hand and official seal.
Notary Public
My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF 1,.')c(ck )
The foregoing instrument was acknowledged before me th•is Z day of 1)0 r „r
2003,by DALLAS L. SCHNEIDER and MARJORIE A. SCHNEIDER.
Witness my hand and official seal.
"reciY_p„.„ 3,,,/(--
4O; y.!/ 1• I of Public
My,, c PllrtiSpiryes:Cis 7/31 /0(4)
7 (
S '• ZIPIK p i
Exhibit A
Of Kerr-McGee Surface Use Agreement
Page 1 of 2
Legal Description
Lot B of Recorded Exemption No. 1313-30-1-RE2293 recorded on February 2, 1999 as
Reception No. 2670877, and being a part of the Northeast Quarter of Section Thirty (30),
Township Two North (T.2N.), Range Sixty-Eight West(R.68W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado.
r.
EXHI/?! "A" Page2of2
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1 k&Recorder
PLUMB AND DAILEY DITCH COMPANY,
664 DALLAS L. SCHNEIDER AND MARJORIE A. SCHNEIDER
CROSSING AGREEMENT
1. PARTIES. The parties to this Agreement are the PLUMB AND DAILEY
DITCH COMPANY, a Colorado nonprofit corporation ("Ditch Company"), DALLAS
L. SCHNEIDER, an individual, and MARJORIE A. SCHNEIDER, an individual
(Dallas L. Schneider and Marjorie A. Schneider jointly referred to as "Licensee"). The
Ditch Company and Licensee are collectively referred to as the Parties.
2. RECITALS. The Licensee owns Lot B of Dalmar Estates Subdivision, Recorded
Exemption No. RE-2293, in Weld County, Colorado, and obtained the permission of the
Ditch Company to replace two existing wooden bridges with two culverts in the Plumb
and Dailey Ditch ("Ditch"). Licensee has constructed a road crossing each of the
culverts at the locations identified in EXHIBIT A. The Ditch Company permitted the
installation of two culverts and the road crossing the culverts, subject to the terms,
conditions, covenants and agreements set forth in this Agreement. Accordingly, in
consideration of the mutual promises set forth in this Agreement, the Parties covenant
and agree as follows:
3. CONSTRUCTION. Subject to the terms of this Agreement, the Ditch Company
has accepted construction of two culverts in the Ditch and the roads crossing the
culverts ("the Installations") at locations identified in EXHIBIT A.
4. INSPECTION.
4.1 The Licensee shall notify the Ditch Company at least five (5) days prior to
the replacement or the repair of the Installations permitted by this Agreement.
The Ditch Company is permitted to inspect the replacements and repairs during
construction. Upon completion of the Installations, the Ditch Company may in-
spect them.
4.2 The Ditch Company's right to inspect the Licensee's replacement or repair
of the Installations in no way relieves the Licensee of its liability for improper
construction. The Ditch Company's inspection is solely for the benefit of the
Ditch Company and creates no obligation to the Ditch Company.
5. REIMBURSEMENT OF EXPENSES.
5.1 The Licensee agrees to reimburse the Ditch Company (or pay directly) for:
all reasonable legal costs incurred by the Ditch Company in preparing, approving
and enforcing this Agreement; the costs associated with billing and collecting
! 'iJ)" !'J'i'JiL 'J'J ""
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of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
these amounts for the Ditch Company; and the costs of future inspection as de-
scribed in ¶4.
5.2 Statements for the costs chargeable to Licensee hereunder will be for-
warded to Licensee and the same shall be paid to the Ditch Company within thirty
(30) days after the billing date. If Ditch Company has not received payment
within thirty (30) days, Licensee shall have breached this Agreement and Ditch
Company may institute legal proceedings to collect the amount due and owing.
In such proceeding, Ditch Company shall be entitled to its costs and reasonable
attorneys' fees from Licensee.
6. MAINTENANCE. Licensee specifically agrees and pledges to maintain, repair
and replace the Installations shown in EXHIBIT A so as not to require the Ditch
Company to maintain, repair or replace them. In the event Licensee fails to maintain,
repair or replace the Installations, they shall be held liable for any loss, damage or injury
to the Ditch Company. If the Ditch Company conducts its own maintenance, repair or
replacement, then it does not waive the right to hold Licensee liable for damages caused
by Licensee's failure to maintain, repair or replace the Installations.
7. LIABILITY AND INDEMNIFICATION.
7.1 By virtue of entering into this Agreement, the Ditch Company:
(1) assumes no liability for use, operation or existence of the Licensee's Installa-
tions; and (2) assumes no additional responsibilities or obligations related to the
Licensee's future or additional activities which are required by this Agreement.
7.2 The Licensee agrees to indemnify and to hold harmless the Ditch Company
from all claims and liability for damage or for injury to property or persons aris-
ing or caused directly or indirectly by the Licensee's construction, restoration,
maintenance of or failure to maintain the Installations and the Licensee's occu-
pancy and use of the area shown in EXHIBIT A.
7.3 It is not known whether the construction, the replacement or the repair of
Licensee's Installations required or will require any local, state or federal permits
or approvals. It was and continues to be Licensee's obligation to investigate and
determine the need for any such permits or approvals. The Licensee was and con-
tinues to be responsible, at its own expense, for obtaining all local, state and
federal permits or approvals and for compliance with all local, state and federal
laws and regulations including but not limited to land use and environmental laws
and regulations, and specifically including the Endangered Species Act, prior to
beginning construction. To the extent permitted by law, the Licensee shall in-
demnify the Ditch Company for any and all costs, damages, fines and fees
including reasonable attorneys' fees incurred by the Ditch Company as a result of
REE
12/4/2002 1:06 PM
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AGREEMENT M ML 2
1 ill 111 1111111111 003 111E1 11111 111111 11111111 1111 II��
3
3 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
Licensee's past or future failure to obtain such permits or approvals or failure to
comply with all applicable laws and regulations.
8. EASEMENT. The License granted to Licensee herein shall in no way restrict the
Ditch Company's rights to its historic use of its easement, including the Ditch Com-
pany's right to the use of its easement to construct, operate or maintain all existing
structures and facilities of the Ditch. The Ditch Company shall be entitled to dump dirt
and debris removed from the Ditch along the side the Ditch as it has done historically
even if it covers or interferes with the use of the Installations. The Ditch Company shall
not be responsible for damage to the Installations resulting from operation and mainte-
nance of the Ditch including damage resulting from the Ditch Company accessing and
maintaining the Ditch. No trees, shrubs, bushes or vegetation except for native grass
shall be placed within the Ditch Company's easement. No structures other than the two
culverts in the Ditch and roads crossing the culverts shall be placed within the Ditch
Company's easement.
9. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to whom
such notice is intended to be given at the address set forth below, or at such other
address as has been previously furnished in writing to the other party or parties. Such
notice shall be deemed to have been given when deposited in the U.S. mail.
DITCH COMPANY: COPY TO:
Plumb and Dailey Ditch Company Wendy Rudnik, Esq.
c/o Les Williams, President Bernard, Lyons, Gaddis & Kahn, P.C.
9595 Nelson Road, Suite 203, Box C P.O. Box 978
Longmont, CO 80501 Longmont, CO 80502-0978
LICENSEE: COPY TO:
Dallas L. Schneider
Marjorie A. Schneider ---
520 Weld County Road 18
Longmont, Colorado 80504
10. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach
of any term or provision of this Agreement shall not operate or be construed as a waiver
of any subsequent breach by any party.
11. RECORDATION. This Agreement shall be recorded at the cost of Licensee and
shall be binding on any successors of the Parties.
r'^
12. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
12/4/2002 1:06 PM
AGREE ENT.0LUMD10AL0'WMD-ONLCno¢¢ixa
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e 3119664 10/22/2003 04:03P Weld County, CO
4 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder
13. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party
shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforc-
ing this Agreement whether or not legal proceedings are instituted.
DATED: th-t iO ,7dc�—
DITCH COMPANY:
PLUMB & DAILEY DITCH COMPANY
a Colorado nonprofit corporation
By:
L Wi liams, President
ATT T:/�..GP EGA
Lee Bauer, Secretary
Y
STATE OF COLORADO )
) ss.
COUNTY OF&r. �✓)
'
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The foregoing instrument was subscribed and sworn to before me this /D day of
l-' mL.-c',t, , 200t., by Les Williams, as President, and Lee Bauer, as Secretary,
for the Plumb & Dailey Ditch Company.
Witness my hand and official seal.
My commission expires: res .t Az, a
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PpB�'' ,1r
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My Commission Expires' `I
12/4/2002 1:06 PM
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3119664 10/22/2003 04:03P Weld County, CO
5 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
LICENSEE:
DALLAS L. SCHNEIDER
an individual.
cG2a! e tm—
Dallas L, Schneider
•
4RJORIE A. SCHNEIDER
an individual A7Ml c
ar on a-S�.nei3e Q
STATE OF COLORADO )
COUNTY OF a )
The foregoing instrument was subscribed and sworn to before me this ID day of
cecet>tibee,, , 2002, by Dallas L. Schneider and Marjorie A. Schneider.
Witness my hand and official seal.
My COmmiSSiOD expires: R IQ t iaf)CIS• `oono ------\\.nokqGk_,, A39,62_
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