HomeMy WebLinkAbout20042148 , ternit1 MEMORANDUM
wineTO: Clerk to the Board 7/21/04
COLORADO FROM: Chris Gathman - Planner II
SUBJECT: Conditions of Approval for PZ-521 (Gloraloma Estates)
Planning staff has reviewed the materials submitted for this case and have determined that
the applicant has satisfied conditions 1.A-1.D (Prior to Scheduling Board of County
Commissioners Hearing) as outlined the Weld County Planning Commission resolution. This
case is ready to be scheduled for a Board of County Commissioners hearing.
J t 1 l
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2004-2148 *«A!
JUL 09 '04 09:20 FR COLDWELL BANKER TO 19703046498--132 P.01/02
COLDUJeLL. 3300 28TH STREET
BANKER O BOULDER,CO 80301
OFFICE(303)449-5000
FAX(303)449.6969
RESIDENTIAL BROKERAGE
July 9, 2004
Chris Gathman
Weld County Planning
Gloraloma Estates
Chris,
I mailed you a copy of the Patina and EnCana Surface Use Agreements fully signed on
Wednesday.
Your other questions were:
1. Water supply for common area irrigation. Water taps from unsold/unbuilt lots
will be used to initially irrigate vegetation on common areas. The whole
vegetation system is designed to be able to maintain itself without supplemental
water after the first two years or so.
1 Mineral interest owners. The Owens' have retained the services of Arlen
Hershberger, Petroleum Landman,who has examined title to the subject parcel of
land and provided a list of mineral estate and related leasehold title underlying the
land. We have contacted or attempted to contact all owners with notification of
the proposed subdivision.
We would like to have our hearing scheduled at this time. I know you said you needed
45 days for notification so we will look forward to that approximate time frame. If there
is any additional information you need,please feel free to contact me at your earliest
convenience.
Sincerely
Ed Pruss
Senior Broker Associate
Caldwell Banker
303-489-8002
edpruss@earthlink.net
Owned And Operated By NRT Incorporated. Q1H " 4x"
Firestone
A Community
In Motion
Town Of Firestone
Office of the Town Clerk
Post Office Box 100
151 Grant Avenue
Firestone, Colorado
80520-0100
(303) 833-3291 Fax (303) 833-4863
December 10, 2003
Mr. Ed Pruss
33O0 28th Street
Boulder, CO 80301
RE: Owens Annexation Agreement
Gloraloma Estates, PUD
Dear Mr. Pruss:
Please find enclosed a copy of the Recorded Annexation Agreement for Don and Linda Owens,
and known as the Gloraloma Estates, PUD.
If I can be of any further assistance, please do not hesitate to call me.
Sincerely, krzrz �
dy Hegwood
Town Clerk
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508 AGREEMENT
THIS AGREEMENT is made and entered into this 7 day of °ci do ea-t 7,
2003, by and between Don Owens and Linda Owens, hereinafter referred to as "Owner," and the
TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred to
as "Firestone" or "Town".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County,
Colorado, with a street address of 8585 Weld County Road 22, Fort Lupton, Colorado, 80621, and
more particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by
reference (such property is hereinafter referred to as "the Property"); and
WHEREAS, the Property is located within the Urban Growth Area of the Town, as
identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono
and the Towns of Firestone and Frederick (the"ICPA"); and
WHEREAS, Owner has submitted to Weld County an application for approval of a large-
lot residential subdivision to be located on the Property, which application has received PUD
Sketch Plan approval, with conditions, under Weld County Case No. S-521, and which application
is for a development currently identified as Gloraloma Estates PUD; and
WHEREAS, the proposed development constitutes Urban Development under the ICPA
and, as a condition of any such approval and pursuant to the ICPA, the Owner is obligated to
execute an annexation agreement with the Town; and
WHEREAS, the parties by this agreement desire to set forth their understanding with
respect to annexation of the Property to the Town, the potential development of the Property within
the County, and related matters; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
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2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions
with respect to annexation of the Property to the Town. Except as expressly provided for herein to
the contrary, all terms and conditions herein are in addition to any and all requirements concerning
annexation and development contained in the Town of Firestone Municipal Code, Access Code,
Development Regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as
amended, C.R.S. §31-12-101 et seq. This Agreement shall not be construed to preclude further
agreements concerning annexation of the Property to the Town or the provision or financing of
municipal services to the Property.
3. Annexation. Owner shall apply for and consent to the annexation of the Property to
the Town when requested in writing by the Town Board, so long as the Property is eligible for
annexation to the Town. The Owner will also sign an annexation petition, or a petition for
annexation election, when requested by the Town Board, and will vote for annexation to the Town
if an annexation election relating to the Property is held. The Town agrees it will not make any
request to Owner under this Paragraph sooner than four years from the date of execution of this
Agreement, unless sooner permitted pursuant to Paragraph 5. At the time of annexation, the Town
and Owner agree to consider a zone district designation that will permit defined equine uses on the
Property, consistent with Town zoning and animal maintenance standards.
4. Property to he Annexed. The Property the Owner shall annex to the Town pursuant
to this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein
by reference, or such portion thereof as the Town may request. To facilitate any requested
annexation of a portion of the Property, Owner hereby consents to the division of the Property for
annexation purposes only, to the extent such consent is required by C.R.S. §31-12-105(1). Owner
shall execute additional evidence of such consent upon request by the Town.
5. Failure to Annex: Appointment of Attorney-in-Fact. In the event Owner fails to
annex the Property to the Town as required by this Agreement, the Town may at is sole option and
without otherwise limiting its legal rights bring an action at law or equity, including an action for
specific performance, to enforce Owner's obligations hereunder. Further, Owner, for themselves,
their successors, transferees, heirs, and assigns hereby irrevocably appoint the Town Administrator
of Firestone as Owner's lawful attorney-in-fact for the purpose of signing any annexation petition or
petition for annexation election, for voting in any annexation election, and for executing any and all
other documents determined by the Town to be necessary for annexation of the Property to the
Town. The Town Administrator shall exercise the powers under this appointment only upon
written request of the Town Board, and only if the Owner and/or its successors, transferees, heirs
and assigns have not signed a petition for annexation within thirty (30) days after receipt of a
written request made pursuant to Paragraph 3. This power of attorney is granted and intended to be
valid for the longest period of time permitted by state statute. In the event the state statute is
amended to shorten the validity of this power of attorney to a period of less than five years, the
Town may exercise this power of attorney at any time prior to the expiration of the validity thereof,
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even if within the four-year waiting period set forth in Paragraph 3.
6. Development Standards The Owner agrees that any residential development of the
Property shall comply with the land use and development standards set forth in Exhibit B, attached
hereto and incorporated herein by reference. The Owner further agrees that compliance with such
standards is a material consideration of this Agreement and that the Town may at is sole option, and
without otherwise limiting its legal rights, bring an action at law or equity, including an action for
specific performance, to enforce compliance with such standards. In addition to the annexation
provisions set forth above, Owner agrees that the Town may also require annexation of all or any
portion of the Property at any time in the event the Property or a portion thereof is used for purposes
other than a large-lot residential subdivision, or if the Property or a portion thereof, as developed, is
not in compliance with the land use and development standards set forth in Exhibit B.
7. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S.
§31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and
assigns to annex the Property to the Town under the terms hereof.
8. Annexation Documents. When requested by the Town, Owner shall provide at its
expense a legal description, annexation petition, annexation maps, surveys, newspaper publications,
and other reports and documents determined by Firestone to be necessary to accomplish the
annexation of the Property to the Town. Firestone shall prepare the annexation impact report.
9. Plat Note. Owner shall include on any subdivision plat for the Property a note
stating as follows: "The property platted herein is subject to that certain Agreement regarding
annexation to the Town of Firestone which is recorded at Reception No. of
the records of the Weld County Clerk and Recorder. Such Agreement provides that the property
platted herein may be annexed to the Town of Firestone and that the Property must comply with the
land use and development standards stated therein."
10. legislative Discretion. The Owner acknowledges that annexation of the Property is
subject to the legislative discretion of the Board of Trustees of the Town of Firestone. Nothing in
this Agreement is intended or shall be construed to require the Town to annex the Property or to
initiate any annexation proceedings relating to the Property.
11. No Other Annexation. Under no circumstances shall the Property be annexed to
another municipality without the prior written permission the Town Board of Trustees, which may
be granted or denied in the sole and absolute discretion of the Town.
12. Subdivision Approval. This Agreement shall be null and void in the event Owner
does not obtain and Weld County does not record final subdivision and PUD approvals permitting
the development of a large-lot residential subdivision on the Property.
r-.
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13. Covenants to Run with 1 and/Rinding E.ffecd. This Agreement and all covenants
herein touch and concern the real property described in Exhibit A and shall be covenants running
with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the
Town, and their respective heirs, transferees, successors, and assigns. This Agreement or, at the
Town's discretion, a memorandum hereof, shall be recorded with the County Clerk of Weld
County, Colorado, at Owner's expense.
14. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants.
15. Severahility. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, portion, or provision held to be invalid.
16. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
17. Amendment. This Agreement may be amended only by mutual agreement of the
Town and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk
of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon a'l
persons or entities having an interest in the Property subject to the amendment unless otherwise
specified in the amendment.
18. F.ntirr Agreement. This Agreement embodies the entire agreement of the parties.
There are no promises, terms, or obligations other than those contained herein, and this Agreement
supersedes all previous communications, representations, or agreements, either verbal or written,
between the parties.
19. Owner. As used in this Agreement, the term"Owner" shall include any of the heirs,
successors, transferees or assigns of Owner, which include, but are not specifically limited to,
owners of individual lots within the proposed subdivision of the Property. All such parties shall
have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if
they were the original parties thereto.
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20. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such Town ordinance,
resolution, regulation, or policy, and the parties agree such amendments or revisions shall be
binding upon Owner,
21. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after
deposit in the United States mail with the proper address as set forth below. Either party by notice
so given may change the address to which future notices shall be sent.
Notice to Town: Town of Firestone
P.O. Box 100
Firestone, CO 80520
With copy to: Light,Harrington &Dawes, P.C.
1512 Larimer Street, #550
Denver, CO 80202
Notice to Owner: Don and Linda Owens
8585 Weld County Road 22
Ft. Lupton, CO,.80621
With copy to: Frascona, Joiner, Goodman & Greenstein, P.C.
ATTN: Karen J. Radakovich
4750 Table Mesa Drive
Boulder, CO 80305
22. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
23. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
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S of
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
,0ESTON— TOWN OF FI STONE
f' TOWN
SEAL By
Michael P. Simone, Mayor
Poo
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C'
/1Hegwo Town Clerk
C OWNER
Don Owens
•
Lnda Owens
ACKNOWLEDGEMENT
STATE OF COLORADO )
COUNTY OF ha/4 >ss
The above and foregoing signatures of Don Owens and Linda Owens were
subscribed and sworn to before me this a 7 day of QCiOhcr , 2003.
Witness my hand and official seal.
My Commission Expires Jan. 18,2006
My commission expires on:
(SEAL). Cr41.11 �•pue
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EXHIBIT A
Legal Description
Lot B of Recorded Exemption 1311-09-4-RE1921, Recorded October 3, 1996 in
Book 1570 as Reception No. 2513889, being part of the SE 1/4 of Section 9,
Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
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EXHIBIT B
Land Use and Development Standards
The following land use and development standards shall apply to any residential development of
the Gloraloma Estates described on Exhibit A:
1. Land use shall be single family residential and open space.
2. Maximum number of residential dwelling units shall not exceed 20.
3. Maximum building height shall be 38 feet.
4. Minimum floor area of each dwelling unit shall be not less than 3,000 square feet.
5. There shall only be one principal building per lot.
6. Minimum building setbacks for the principal building shall be 50-feet from all roadways.
7. Building elevations that are exposed to Road 19 or Road 22 shall have similar architectural
detailing as the front of the building.
8. Fences types shall be uniform in style, design and materials throughout the development.
9. Only two major entry signs shall be constructed for the development; both shall be located
on Road 19.
10. Quick couplers shall be installed within common areas to provide the opportunity to irrigate
native grass areas within those common areas during dry periods to keep such grass well
established. Supplemental drip irrigation shall be provided to trees and shrubs planted
within common areas in order to maintain such landscaping that is installed to enhance the
common areas. Watering under this standard shall be the responsibility of the
Homeowner's Association.
11. Fronts of homes on straight streets shall be staggered to avoid a"row" look.
12. Walkout units shall be located so as to avoid the construction of three-story elevations and
the resulting "wall effect" of the 3-story elevations.
13. Only one accessory building, not including a freestanding garage, is permitted per lot and
shall be set back at least five feet from any property line. Accessory buildings are not
permitted in the front yards or side yards that face a public street. Accessory buildings,
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which may not be use for dwelling purposes, shall be of a similar color as the primary
building, may not exceed a height of eighteen feet and shall not exceed five hundred square
feet of floor area. Construction materials shall be similar to the primary building, except
that pre-manufactured metal accessory buildings are permitted.
14. No motor vehicle may be parked in the front yard or side yard of a residential lot except on
a paved or graveled driveway which is intended for parking or access to a garage or carport.
15. Only one freestanding garage is permitted per lot or dwelling unit and shall be subject to the
same front and side yard setback requirements as the main building. A freestanding garage
shall be set back at least five feet from the rear property line. Freestanding garages shall be
of a similar color and architectural style, and constructed of similar materials as the main
building.
16. All dwellings shall be constructed on a permanent concrete foundation which foundation
shall have the following minimum characteristics:
• It shall be constructed to be below estimated frost depth.
• The foundation shall be located directly below not less than ninety percent of the
outside perimeter of the first floor building wall.
• The foundation shall be at a minimum eight inches in thickness.
17. All dwelling roofs shall have the following minimum characteristics:
• A minimum of three roof planes per building, to add articulation.
• A pitch of not less than four inches in twelve inches.
• Eighty percent of all eves shall protrude from the exterior wall (not including the
width of any gutter) no less than twelve inches. This minimum overhang shall
apply to all roofs, irrespective of pitch.
18. All residential dwellings shall be oriented on the lot such that a side with a length that is at
least eighty percent the length of the longest side of the dwelling predominately faces the
local street providing access to the lot. The length of any side does not include the length of
any attached garage. In all cases the front door of the dwelling shall be located in the
closest one-quarter portion of the dwelling that predominately faces the local street. For
corner lots, this provision only applies to the local street providing direct driveway access.
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19. All dwellings developed shall have at least two car garages, and such garages shall be
distributed in an even manner throughout the development.
20. There shall be a minimum of two trees of 1.5-inch caliper for each dwelling planted within
the front yard of the dwelling.
21. Shrubs and ground cover plantings shall comprise no less than ten percent of the landscaped
area of the front yard.
22. Eighty-five percent of the exterior color treatment for all residential dwellings and
accessory uses shall be muted (excluding glass treatment).
23. All sloped roofs shall be covered with a muted color roofing material.
24. Unless otherwise provided by resolution of the Town Board of Trustees, all homes shall
have no less than 1,000 square feet and no more than 3,000 square feet of lawn and shrub
area.
25. At the time of any annexation by the Town, the water taps for the area to be annexed shall
be transferred to the Town, and the ownership or beneficial use of any water rights for such
taps shall also be transferred to the Town. It is a condition of Town water service that there
be dedicated to the Town water rights sufficient to satisfy the demands upon the Town
water system.
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CERTIFICATION
STATE OF COLORADO
CITY AND COUNTY OF DENVER
I, Robert J. Bram, a Notary Public in and for said county and state, do hereby certify that
the attached Memorandum of Agreement for Compatible Development and Agreement for
Compatible Development, both dated June 2151, 2004 by and between EnCana Energy Resources
Inc. and Don Owens and Linda Owens, are true and correct copies of documents to which I have
attached my notary seal.
Dated this 21st day of June, 2004.
Notary Public
My Commission Expires:
December 5, 2001
MEMORANDUM OF AGREEMENT FOR COMPATIBLE DEVELOPMENT
Pursuant to the terms of that certain unrecorded Agreement for Compatible
Development ("Agreement") dated the 3i day of June, 2004 between the undersigned
and subject to the conditions set forth therein, EnCana Energy Resources Inc. ("EnCana")
with an address for business of 950 17th Street, Suite 2600, Denver, Colorado 80202, and
Don Owens and Linda Owens ("Owens"), with an address for business of 8585 Weld
County Road 22, Fort Lupton, Colorado 80621, have agreed to compatible surface
development uses for the surface estate described as Lot "B" of Recorded Exemption
#1921, being a portion of the E/2SE/4 of Section 9, Township 2 North, Range 67 West,
Weld County, Colorado, as recorded at Reception Number 2532509 of the records of
Weld County, Colorado. Owens, who intends to develop a housing development on the
surface estate and EnCana, as the owner of certain oil and gas leasehold and/or mineral
rights, entered into the Agreement to provide for the co-existence and joint development
of the surface estate and the oil and gas estate and to establish the process through which
EnCana and Owens will develop the two estates.
This Memorandum of Agreement for Compatible Development is executed by
Owens and EnCana and placed of record in Weld County, Colorado for the purpose of
placing all persons on notice of the existence of the Agreement. A true and complete
copy of the Agreement is available at the EnCana offices to persons with an interest in the
above-described land.
In witness whereof, this instrument is executed effective thee(—day of June, 2004.
EnCana Energy Resources Inc
By: Jam alcutt
Attorney- -Fact
Don Owens
1
inda O eins
-1-
ACKNOWLEDGMENTS
State of Colorado
ctrl 400 ) §
County of Weld DELVE-
i� Don Owens and Linda Owens acknowledged the foregoing Agreement before me this
L/ day of June 2004.
Witness my hand and��"" official seal.
My Commission Expires: llece(II/.fei,/'S, 2&S a04 � / �
Notary ublic
State of Colorado )
) §
City and County of Denver )
James P. Walcutt acknowledged the foregoing Agreement before me this o2( day of
June 2004 as Attorney-in-Fact for EnCana Energy Resources Inc.
Witness my hand and official seal.
K.
My Commission Expires: alb 5,,2 0 S
Notary Public
-2-
AGREEMENT FOR COMPATIBLE DEVELOPMENT
THIS AGREEMENT FOR COMPATIBLE DEVELOPMENT is made and entered into th•is,Tday
of June, 2004, by and between EnCana Energy Resources Inc. ("EnCana") with an address for
business of 950 17th Street, Suite 2600, Denver, Colorado 80202, and Don Owens and Linda Owens
("Owens"), with an address for business of 8585 Weld County Road 22, Fort Lupton, Colorado
80621.
RECITALS
A. Owens are the owners of the surface estate described as Lot "B" of Recorded Exemption
#1921, being a portion of the E'VSE'/ of Section 9 of Township 2 North, Range 67 West of
the 6t° P. M., Weld County, Colorado as recorded at Reception Number 2532509 of the
records of Weld County, Colorado(the "Property").
B. Owens intends to develop a housing development on the surface estate.
C. EnCana is the owner of certain oil and gas leasehold and/or mineral rights in the Proper y.
D. EnCana, as owner of the oil and gas leasehold and mineral interests, has the right to explore
for, develop, produce, transport and market oil and gas and associated products from the
Property,and to utilize such portion of the surface as is reasonable for such purposes.
E. Oil and gas well sites, production sites, oil and gas facilities, wellsite access roads and
pipelines are located on the Property as of the date of this Agreement, and there may be
additional oil and gas operations in the future.
F. Rule 318.a. of Colorado Oil and Gas Conservation Commission ("COGCC") rules and
regulations currently allow the owners and/or lessees of the oil and gas in the Property to
locate at least five drillsite locations within each quarter-section tract within the governmental
section upon which the Property lies.
G. The parties enter into this Agreement for Compatible Development ("Agreement")to provide
for the co-existence and joint development of the surface estate and the oil and gas estate and
to establish the process through which EnCana and Owens will develop the two estates.
NOW THEREFORE, in consideration of the covenants and the mutual promises set forth herein,
including the representations set forth in the recitals, the parties agree as follows:
1. Definitions.
A. Application for development is a proposed subdivision plat, a planned unit
development, a specially planned area plan, a development or annexation request,
any zoning or special use permit application, or any other designation for a surface
development application used by a local jurisdiction.
B. COGCC is the Colorado Oil and Gas Conservation Commission.
Page 1 of 6 Pages
C. Impact Mitigation is defined as those products or services used for improving
aesthetic or environmental conditions on or around drillsite or production site
locations, equipment or appurtenances thereto.
D. Oil and Gas is all oil, gas, and associated liquid hydrocarbons, coal gas, coalbed
methane, nitrogen, carbon dioxide, helium and all other related substances.
E. Operator means that party responsible for day-to-day operations of an oil and gas
well as defined by common industry practice.
F. Pipeline whether singular or plural, refers to the tubular equipment, valves,
connections and other related equipment, usually underground, used to transport oil
and gas from the wellhead to points of processing. This may include lines for
gathering from the wellhead or connecting lines carrying oil and gas from several
wel Iheads.
G. Production site means that area surrounding proposed well site or other accessory
equipment required in oil and gas production, at which may also be located tanks and
tank batteries, exclusive of transmission and gathering pipelines.
H. Surface use agreement means an agreement governing specifics of surface use as
referred to herein.
I. Well site means that area surrounding a proposed or existing well or wells and
accessory structures and equipment necessary for drilling, completion, recompletion,
workover, development and production activities.
2. Future Well Site and Existing and Future Production Site Locations.
A. All surface development and oil and gas development shall be in accordance with
statutes, laws and rules of the State of Colorado.
B. EnCana shall have continuing access to all of its well and production sites,
transmission and pipelines, roadways and other facilities. Should Owens wish to
move the location of any pipeline, transmission line or surface facility and obtains
EnCana's advance approval for such relocation,the entire cost, risk and expense shall
be borne by Owens. The total cost incurred by EnCana of any such installation
and/or relocation requested by Owens shall be paid by Owens to EnCana upon
completion of the relocation(s) and within 30 days after Owens receives an invoice
for such costs. In addition, immediately after such relocation, Owens and EnCana
agree to enter into and/or amend any Right-of-Way Agreement in favor of EnCana
affecting such relocation.
C. Owens shall allow EnCana to choose the location of future well site and production
site locations to be installed on the Property. The parties shall enter into a separate
surface use agreement for each individual wellsite to be developed.
D. Each surface use agreement shall provide for:
Page 2 of 6 Pages
1. well and production site locations, each of which shall constitute a circular
area 300 feet in diameter or a square area of approximately 150 feet by 150
feet;
2. location of related facilities, including gathering and pipelines;
3. temporary and permanent access routes and necessary easements to all
facilities;
4. the possibility of more than one well being located on a well or production
site;
5. Owens reimbursing EnCana for the cost differential between drilling a
"straight" hole and "directional" hole, in the event that Owens wishes to
develop the surface of a COGCC legally designated location, and EnCana
agrees to move the location and drill directionally from the exception
location. However, Owens understands that EnCana is under no obligation
to agree to any such directional drilling.
E. The parties hereto shall provide for sufficient setbacks between buildings, building
units and lot lines and well sites and production sites to comply with state and local
setback regulations to drill a well and to :onduct subsequent oil and gas operations.
3. Impact Mitigation.
Owens shall bear all costs to install impact mitigation Owens requests at or around existing
and future well sites and production sites beyond those measures required by governmental
authority. This shall include, but not be limited to, all noise and visual Impact Mitigation;
provided, however, the Operator of the Well site or Production site shall have reasonable
discretion to veto or protest the type and location of Impact Mitigation measures in order to
allow for safe oil and gas operations.
4. Access and Pipeline Easements. All existing and future access roads and pipeline
easements shall,at a minimum, meet the following criteria as follows:
A. Roads used for access and portions of access routes that do not follow paved roads
shall be at least thirty(30)feet in width.
B. Owens shall keep access roads that are jointly used by surface occupants, the public
and EnCana in good condition and repair until they are dedicated to a local
jurisdiction.
C. Neither EnCana nor Owens shall unreasonably interfere with the use by the other of
access roads.
D. All Pipeline easements shall be fifty (50) feet in width during construction,
replacement and repair activities and thirty (30) feet in width during operations,
transportation and maintenance activities. Owens shall grant the Pipeline easements
(for production from the Property and other lands) to EnCana at the time EnCana
requests them and at no cost to EnCana.
Page 3 of 6 Pages
E. EnCana may install one or more Pipelines within the easements, and may change the
size of the Pipelines if deemed necessary.
5. Plat and Local Applications. EnCana shall provide to Owens, and Owens shall identify on
plats, and in applications for development,the locations and size of possible future well sites,
production sites, other oil and gas facilities; possible future access roads and Pipeline
easements; setbacks between Well sites and Production sites in relation to planned and
existing lot lines. Owens shall record all plats in the office of the Clerk and Recorder of
Weld County after approval by appropriate governmental authority.
6. Notice of Application for Development.
A. Owens shall provide EnCana with(30) days' written notice prior to Owens's filing an
application for development with any applicable local jurisdiction.
B. Owens shall provide all owners of mineral rights and/or leasehold rights who have an
interest in the Property or portions of the Property included in an application for
development notice of all hearings to be held in the local jurisdiction on the
application. At Owens's request, EnCana shall provide any information from title
materials EnCana may have in its possession to facilitate this request.
C. Owens shall provide EnCana a copy of all its surveys for its developn.mt.
7. Waiver of Surface Damages. As consideration for any inconvenience to EnCana of surface
construction activities that affect existing or future Well sites and Production sites, access, or
Pipeline easements, Owens agrees to waive all right to surface damages for those Well sites
and Production sites, access routes and Pipeline easements.which EnCana has located or will
locate on the Property.
8. Waiver of Certain Requirements and Objections. Owens agrees to waive state regulations
or other requirements inconsistent with this Agreement or a surface use agreement and agrees
not to object in any forum to the use by EnCana of the surface of the Property consistent with
this Agreement or a surface use agreement. Owens shall provide EnCana with all approvals
and waivers, as surface owner, that are convenient or necessary to drill a well or to conduct
oil and gas operations on the Property because of any law or regulation, including any
regulations of the COGCC.
9. Compliance with Rules and Regulation. Owens and EnCana agree to comply with all valid
and applicable federal and state regulations that pertain to the development of the surface
estate and the exploration and development of Oil and Gas on the Property. At Owens'
request, EnCana shall make reasonable efforts to assist Owens in entering into similar
Surface use agreement with other mineral and/or leasehold owners.
10. No Objection to Development. EnCana agrees that they will not object to a request by
Owens to annex, rezone, or plat all or any portion of the Property to the extent such request is
consistent with the use by EnCana of the surface of the Property in the manner identified in
this Agreement and any surface use agreement.
11. Surface Owner Consent. Owens agrees that it will not withhold its consent as surface owner
of the Property(if EnCana in its sole discretion requires such consent) if EnCana exercises its
Page 4 of 6 Pages
rights to explore for and develop the Oil and Gas under the Property in accordance with this
Agreement and any surface use agreements.
12. Indemnification. Owens agrees to defend, indemnify and hold EnCana harmless from
injuries to persons and damages to property caused by Owens's operations or by the
operations of any agent,representative, contractor or subcontractor on the Property.
13. Individual Liability of Parties. The liability of EnCana and Owens to perform any
obligations pursuant to this Agreement shall be several and individual only and not joint and
collective.
14. No Limitation on Rights. Nothing in this Agreement is intended to limit the rights of
EnCana to drill wells in legal COGCC locations or to apply to the COGCC for exception
locations.
15. Successors and Assigns. This Agreement and all of the covenants in it shall be binding
upon the personal representatives, heirs, successors and assigns of all of the parties, and the
benefits of this Agreement shall inure to their personal representatives, heirs, successors and
assigns. This Agreement and all of the covenants in it shall be covenants running with the
land.
16. Recording. A Memorandum of this Agreement shall be recorded with the Clerk and
Recorder of Weld County.
17. Governing Law. The validity, interpretation and performance of this Agreement shall be
governed and construed in accordance with the laws of the State of Colorado.
18. Severability. If any part of this Agreement is found to be in conflict with applicable laws,
such part shall be inoperative, null and void insofar as it conflicts with such laws; however,
the remainder of this Agreement shall be in full force and effect.
19. Notices. Any notice or communication required or permitted by this Agreement shall be
given in writing either by (a) personal delivery; (b) expedited delivery service with proof of
delivery; (c) United States mail, postage prepaid, and registered or certified mail with return
receipt request;the receipt of which shall be acknowledged, addressed as follows:
To EnCana: EnCana Energy Resources Inc.
950 17th Street, Suite 2600
Denver, Colorado 80202
Attn: DJ Land Department
To Owens: Don Owens and Linda Owens
8585 Weld County Road 22
Fort Lupton, Colorado 80621
20. Counterpart Executions. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
21. Entire Agreement. This Agreement sets forth the entire understanding among the parties
and supersedes any previous communications, representations or agreements, whether oral or
Page 5 of 6 Pages
written. No change of any of the terms or conditions herein shall be valid or binding on any
party unless in writing and signed by an authorized representative of each party.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be effective the
day and year first above written but executed on the dates acknowledged below.
EnCana Energy Resources Inc
Don Owens ci
Walcutt
Attor y-in-Fact
mda Owens
ACKNOWLEDGMENTS
State of Colorado )
CCI ( ) §.
County ot We1d..I JVEZ )
£f- Don Owens and Linda Owens acknowledged the foregoing Agreement before me this
ai 19-3 of 41/4,e 2004
'Witste my hand and official seal.
v+y Coipmission Expires: W&t 5T,v3
Notary Public ail A--
State of Colorado )
) §
City and County of Denver )
James Walcutt acknowledged the foregoing Agreement before me this O21 day of
e_ 2004 as Attorney-in-Fact for EnCana Energy Resources Inc.
Witness my hand and official seal.
NIv C'pttignssron Expires: OgL 9 x? S
r Notary Public
Page 6 of 6 Pages
SURFACE USE AGREEMENT
Tills SURFACE USE AGREEMENT(the "Agreement") is made and entered into this
day of . 2004, by and between PATINA OIL & GAS CORPORATION, a Delaware I Deleted:_
corporation, ("Patina"), 1625 Broadway Suite 2000, Denver, Colorado 80202 and DON &
LINDA OW ENS("Developer"), 8585 WCR 22,Ft. Lupton, Colorado 80621.
RECITALS
A. Developer is the owner of the surface estate of an approximate 106 acre tract of
land located in the SPA of Section 9,Township 2 North, Range 67 West of the 61h P.M.,
County of Weld, State of Colorado(the "Property")and depicted on Exhibit"A"attached
hereto.
B. The mineral estate in and under the Property is presently subject to valid and
subsisting oil and gas leases (the "Leases") which leasehold interest is owned of record
by Patina, limited to the Codell/Niobrara formation.
C. Patina's leasehold rights include, among other things, the right of ingress and
egress for the purposes of exploration, development, drilling, re-drilling, testing,
completion, re-completion, re-entry, deepening, fracturing, re-fracturing, stimulation,
reworking, production and maintenance operations associated with oil and gas wells and
the associated pipelines and production facilities to be located on the Property (the "Oil
and Gas Operations").
D. Patina currently operates the Eckstine V 9-16 well located in the SE/4SE/4 on the
Properly and the Eckstine V 9-10 and Eckstine V 9-15 located adjacent to the Property
(collectively the "Wells") all in the SE/4 of Section 9 and their associated flow lines and
production facilities as shown on Exhibit"A"and located on the Property.
E. Developer desires to undertake development of the surface of the Property
including residential housing.
F. Patina and Developer desire to enter into this Agreement to provide for the
coexistence and joint development of the surface estate and the oil and gas estate of the
Property, and to delineate the process with which the parties shall comply with respect to
the development of the two estates.
NOW, THEREFORE, in consideration of the covenants set forth herein and the mutual
benefits to be derived by the parties hereto, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties do hereby
agree as follows:
1. AREAS RESERVED FOR OIL AND GAS OPERATIONS.
1.1. Oil and Gas Operations. Patina shall have the right to undertake the Oil and Gas
Operations on the Wells located on the Property. In order to provide for such, Developer shall,
and does hereby ratify and, to the extent necessary, grant to Patina an easement, to utilize the
areas depicted and/or described on Exhibit "A" as the "Oil and Gas Operations Areas" for
..r..-.,r,-
•
/ wellsites,production facilities, and access roads for such operations.The Oil and Gas Operations
Areas shall be deemed to include the area depicted on Exhibit"A".
1.2 Oil and Gas Operations Areas. The Oil and Gas Operations Areas shall be
reserved and utilized for the exclusive purpose of any and all Oil and Gas Operations by Patina.
1.3 Pipeline Easements. Patina shall have the right to construct,operate and maintain
pipelines on the Property (the "Pipelines"). In order to provide for such, Developer shall, and
does hereby ratify and, to the extent necessary, grant to Patina an easement to utilize the areas
depicted and/or described on Exhibit"A" as the"Pipeline Easements".
1.4 Limitation on Use of the Property. Except for the Oil and Gas Operations
Areas, Pipeline Easements and Access Roads as provided in Section 5, Patina shall not use or
occupy any part of the surface of the Property except in the event of an emergency or for
necessary incidental and temporary activities, As part of the consideration for this limitation by
Patina, of what would otherwise be the right to make reasonable use of any part of the Property
in the conduct of their operations, and without limiting the applicability of Sections 11 and 12
below, Patina shall not be obligated to pay, and Developer hereby waives any right to receive,
any surface damage payments, license or use fees, now or in the future, associated with the
operations of Patina within the Oil and Gas Operation Areas, Pipeline Easements and Access
Roads.
1.4.1 Developer shall place no property lines, buildings, structures or
improvements (including streets, sidewalks, curbs and gutters, detention or retention ponds,
irrigation systems, sewage or drainage systems or pathways)of any kind within the Oil and Gas
Operations Areas or the Pipeline Easements. Without the prior written consent of Patina,
Developer shall not alter of modify the existing grade within the Oil and Gas Operations Areas
or Pipeline Easements.
1.4.2 Developer shall place no permanent building, or structures intended for
human occupancy or improvements (excluding streets, sidewalks, curbs and gutters) within two
hundred (200) feet of the oil tanks or separators. Without prior written consent from Patina,
Developer shall not construct or allow the construction of dwellings or structures intended for
human occupancy within sixty (60) feet on either side of the Pipeline Easements except at those
locations where the pipeline is to be sleeved. At the locations where the pipeline is sleeved,
without the prior written consent from Patina, Developer shall not construct or allow the
construction of dwellings or structures intended for human occupancy within ten (10) feet on
either side of the Pipeline Easements.
1.5 Waiver of Certain Requirements. Developer waives all setback requirements in
Colorado Oil and Gas Conservation Commission("COGCC") Rule 603,or any successor rule or
amendment to the COGCC setback rules, and to any other state or local setback requirements or
other requirements or regulations that are or become inconsistent with this Agreement or that
would prohibit or interfere with the rights of Patina to explore for and produce the oil and gas in
accordance with this Agreement. Developer understands that Patina may cite the waiver in this
Section 1.5 in order to obtain a location requirement exception or variance under COGCC rules
or from a local jurisdiction. Developer also agrees that it will not object in any forum to the use
by Patina of the surface of the Property consistent with this Agreement and that it will also
2
provide Patina with whatever support in writing they may reasonably require to obtain permits
from the COGCC or any local jurisdiction.
2. PIPELINE RELOCATION. Patina shall reconstruct the Pipelines from the Wells to the
production facility within the Pipeline Easements.Thereafter, Patina shall remove the abandoned
segments of the Pipelines. When required, the Pipelines will be constructed with casing sleeves
and risers,all in accordance with the following terms and conditions:
2.1 Construction of Pipeline. Developer shall complete the field staking for the
installation of the new Pipelines in the new alignment and their required depth as provided below
after giving written notice to Patina. The field staking will consist of a marker every thirty (30)
feet, marking the desired depth of the Pipeline.Casing sleeves shall be installed under roadways,
curbs,gutters and sidewalks constructed with impermeable materials and as identified on Exhibit
"A". The sleeved segments of the Pipeline shall have casing risers at one end of the sleeved
segments. Within ninety (90) days Iollowing the completion of the field staking of the Pipeline
location, Patina will complete relocation of the Pipeline along the routes field staked by
Developer on Exhibit"A". The Relocation Costs to be calculated pursuant to Section 4 below are
conditioned upon the Pipeline being installed to a depth sufficient to result in forty-eight (48)
inches below the proposed finished grade of the surface and a depth no greater than five(5) feet
below the grade existing at the time of installation. In the event the field staking requires Patina
to install the Pipeline or remove abandoned Pipeline at depths greater than five (5) feet,
Developer shall be liable for any such additional costs incurred by Patina plus a twenty percent
(20%)overhead fee.
2.2 Removal of Abandoned Pipelines. Upon the completion of the construction of the
�.'w Pipelines, Patina will remove those portions of the Pipelines that were abandoned.
2.3 Line Crossings. If Developer's surface development of the Property requires the
crossing of a relocated Pipeline (within five (5) feet of a location that is not sleeved)by a sewer
line, water line or other utility, Developer shall notify Patina(a) of the date and time of the line
crossing (the "Commencement Time"), and (b) when the line crossing has been completed (the
"Completion Time"). If in response to Developer' notification, Patina suspends production
through the Pipeline, then Developer shall pay Patina for each calendar day or part thereof
between the Commencement Time and the Completion Time, the sum of$ 350.00 per well per
day. Such payments shall be the agreed amount to compensate Patina for its response and any
lost or delayed production, and shall be made to Patina within fifteen (15) days of receipt of an
invoice from Patina. Any such payments shall be in addition to the payment for lost and/or
delayed production contained in the Relocation Costs. Developer shall maintain a minimum
distance of two(2) feet above or below the Pipeline at any such crossings.
3. CONSTRUCTION COORDINATION. Upon commencement by Patina of the
construction operations pursuant to Section 2 above, Developer shall cease those operations on
the Property that would be likely to interfere with Patina's obligations pursuant to this
Agreement. To the extent that Developer's operations delay Patina's operations or upon the
occurrence of an event of Force Majeure (as defined in Section 24), Patina will not be subject to
the performance time frames set forth in Section 2. In the event Developer's operations delay or
interfere with Patina's operation to the extent that standby, shutdown or re-mobilization charges
are incurred by Patina, Developer shall be liable for and pay such additional costs.
3
4. CONSTRUCTION, RELOCATION COSTS. Within thirty (30) days of acceptance
and approval of the final plat by the Weld County Commissioners, Developer shall pay Patina
the sum of live thousand dollars ($5,000.00) as a deposit against current and future costs and
expenses incurred by Patina (the "Deposit"). The costs of the construction and relocation
operations described in Section 2 including fences and gates for all wells and production
facilities, land consulting fees and expenses, and compensation for lost and/or delayed
production shall be referred to herein as (the "Relocation Costs"). Sixty (60) days prior to the
date Developer desires Patina to commence relocation operations,Developer shall submit written
notice to Patina requesting a final calculation of Relocation Costs. Patina shall then prepare and
submit a Relocation Cost invoice to the Developer(less the Deposit)which invoice shall be paid
within fifteen (15) days of receipt. In the event the Developer fails to pay the invoiced amount
within the time allotted, the Deposit shall be forfeited and shall not be deducted from subsequent
Relocation Cost invoices.
5. ACCESS.
5.1 During Developer's development of the surface of the Property and at all times
thereafter, Developer shall at all times provide Patina access to the Oil and Gas Operations Areas
and Pipeline Easements, though the location of that access may vary from time to time in
accordance with the needs and progress of such surface development. The initial fifteen (15)
toot wide access roads shall be located as depicted on Exhibit"A"(the"Access Roads").
5.2 Developer may construct paved roads, curbs, gutters and sidewalks to
accommodate Developer's infrastructure design. Developer shall continue to provide Patina
access to the Oil and ('as Operations Areas and Pipeline Easements and shall provide curb cuts
at all access points. The curb cuts at the access points shall be at least thirty(30) feet wide.The
paved roads leading to u,e access points and the curbs,gutters and sidewalks at the access points
shall be reinforced to accommodate a gross vehicle weight of at least 28,000 pounds per axle.
Prior to the Developer's alteration of the Access Roads, Developer shall install replacement
access roads at locations and routes reasonably acceptable to Patina using six inch (6") base
course maletial to a width of fifteen feet(15').
6. PRODUCTION FACILITIES
6.1 Patina shall have the unlimited right to locate, replace, build, repair and maintain
oil tanks, separators, dehydrators, compressors and other equipment necessary, appropriate or
convenient for the operation and production of the Wells within the Oil and Gas Operations
Area.
6.2 With respect to the Wells and production facilities of Patina, subsequent to the
approval of any plat that permits residential housing on the Property, Patina shall install and
maintain fences, gates and locks reasonably necessary for the security of the Well and/or
production facilities in the Oil and Gas Operations Area. Such fences, gates and locks shall be
installed at the expense of Developer and maintained at the expense of Patina and shall be of a
type and quality customarily used for such purpose. In the event the costs and expenses
associated with installation of fences and gates are not included in Relocation Costs, Developer
agrees to reimburse Patina for the cost of such fences, gate and locks within fifteen (15) days of
4
receipt of an invoice for the costs. Patina shall be permitted, but not required, to fence in all, or
portions of,the Oil and Gas Operations Area.
7. NOTICES TO HOMEOWNERS AND BUILDERS. Within thirty (30) days of the
Effective Date as described in Section 26 below, Patina shall record in the real property records
of Weld County,Colorado a"Notice of Oil and Gas Operations"that conspicuously states that:
7.1 there will be ongoing Oil and Gas Operations in the Oil and Gas Operations
Areas, Pipeline Easements and Access Roads;
7.2 Purchasers of all or a portion of the Property, as successors in interest to
Developer, will be acquiring a proportionate interest in Developer's rights and obligations under
this Agreement and will he subject to the waivers contained in this Agreement which, with
respect to operations within the Oil and Gas Operations Areas and Pipeline Easements and
subject to Section 1.5 above, shall constitute a waiver of the setback requirements provided in
Commission Rule 603.e.(6)or any successor or amended state setback rule and also local setback
requirements,among other obligations.
S. PRELIMINARY AND FINAL PLATS. All Preliminary and Final Plats prepared by
the Developer as part of the subdivision approval process for the Property shall include the
Wells, Oil and Gas Operations Areas, Pipeline Easements and Access Roads. Within thirty (30)
days of approval by Weld County of a Final Plat, Developer shall record a copy of the Final Plat
in the real property records of Weld County,Colorado.
9. RECORDING. Within fifteen (15)days of the Effective Date, Developer shall record a
copy of this Agreement in the real property rec 'rds of Weld County, Colorado. Developer shall
provide Patina with a copy thereof showing the recording information as soon as practicable
thereafter.
10. GOVERNMENTAL PROCEEDINGS.
10.1 Developer shall not, directly or indirectly, oppose or encourage opposition to
Patina in any agency, administrative or other governmental proceedings, including but not
limited to the COGCC, the County of Weld or other governing body proceedings, related to
Patina's Oil and Gas Operations on the Property, provided that the position of Patina in such
proceedings is not materially inconsistent with this Agreement.
10.2 Patina shall not directly or indirectly oppose or encourage opposition to
Developer in any agency, administrative, or other governing body proceedings, relating to
Developer's operations on and development of the Property, including residential and associated
development, provided that Developer's position in such proceedings is not materially
inconsistent with this Agreement.
5
II. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY.
11.1 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.
11.2 Each party shall be and remain responsible for all liability for losses, claims,
damages, demands, suits, causes of action, tines, 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 or operations, including each such parties' employees, agents, contractors, sub-
contractors or other invitees on the Property, no matter when asserted, subject to applicable
statutes of limitations. Each such party shall release, defend, indemnify and hold harmless
against all such Claims that arise from its gross negligence.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.
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. The indemnities in this
Agreement shall not relieve any party from any obligations to third parties.
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 I I 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 (30) days of receipt of a Claim and shall affect 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 and Developer specifically confirms its capacity to validly execute the
rights of way and easements provided for herein. Patina represents that it owns the oil and gas
leasehold interest in the Leases as set forth in Recital B under the Property. Patina does not
represent and specifically asserts that they do not have the right to bind any other oil and gas
leasehold interest owner, mineral owner, lessee or assignee for the Property and nothing in this
Agreement shall be interpreted or binding such third parties.
IS. 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. This Agreement and all of the covenants herein shall be
covenants running with the land.
6
16. NOTICES. Any notice or other communication required or permitted under this
Agreement shall be sufficient if deposited in the U.S. Mail,postage prepaid, with a copy sent via
facsimile,addressed to each of the following:
If to Patina Oil& Gas Corporation:
Patina Oil&Gas Corporation
1625 Broadway, Suite 2000
Denver, Colorado 80202
Attention: Land Department
FAX (303)595-7410
If to Developer:
Don and Linda Owens
8585 WCR 22
Ft. Lupton,Colorado 80621
FAX
Any party may, by written notice so delivered to the other party,change the address, fax number
or individual to which delivery shall thereafter he made.
17. SURFACE DAMAGES. In consideration of the parties' respective rights, obligations
and benefits, as outlined herein, this Agreement shall constitute a surface use or surface damage
agreement provided fix under the COGCC's Rules and Regulations or under any oil and gas
leases covering the Property.
18. 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.
19. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among
the Parties 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.
20. 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.
21. TIME OF ESSENCE. Time is of the essence in this Agreement.
22. NON-WAIVER. Waiver by either party or of the failure of any 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.
23. 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 a party in its rights and
obligations contained in valid covenants, conditions or provisions. In the event that any part of
7
this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the
term or period for which such part is in effect, the term or period for which such part of this
Agreement shall be in effect shall be limited to the longest period allowable which does not
cause such part to be unenforceable or in conflict with applicable laws.
24. FORCE MA,IEURE In the event either party is rendered unable, by an event of Force
Majeure (defined below) to perform, wholly or in part, any obligation set forth in this Agreement,
other than the obligation to pay money, then the performance by the affected party will be
suspended during the continuance of such event of Force Majeure. The party experiencing an event
of Force Majeure will provide reasonable notice to the other party as soon as possible with all
reasonable dispatch. As used herein, the term"Force Majeure" shall mean any act of God, acts of
the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, severe weather, floods, washouts, arrests and restraints of the federal, state or
local government, civil disturbances, explosions, breakage or accidents to machinery or lines of
pipe, the binding order of any court or governmental authority which has been resisted in good faith
by all reasonable legal means, delay in securing environmental approvals, the inability to obtain
necessary supplies, material, equipment, machinery or labor and any other causes, whether of the
kind herein enumerated or otherwise not within the control of the party claiming suspension and
which by the exercise of due diligence such party is unable to prevent or overcome.
25. NO JOINT VENTURE. This Agreement is not intended to,nor shall it be interpreted to
create ajoint venture,partnership or any other relationship among the parties.
26. EFFECTIVE DATE. This Agreement shall become effective (the "Effective Date")
upon the execution of this Agreement by all parties hereto.
27. COIt' 'TERI'ARTS. This Agreement may be executed by facsimile and in any number
of counterparts, each of which shall be deemed an original instrument, but all of which together
shall constitute but one and the same instrument.
The parties have executed this Agreement as of the day and year first above written.
PATINA OH GAS CORPORATION
By: )44° 41.1
avid W. e,Vice President
re—Kt=7
�ON OWENS
LINDA OWfr
x
ACKNOWLEDGMENTS
STATE OF COLORADO
)ss.
CITY& COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 441 day of -0. 0 ,
2004, by David W. Siple, Vice President for Patina Oil & Gas Corporation, a Delaware
corporation,on behalf of that corporation.
Witness my hand and official seal. '•'•-°`••h L_
Notary Public t
My Commission expires: February 9,2005 A.
y,
to,
STATE OF COLORADO
Oo•• °•
•.... °O
COUNTY OF_ 'BoLl\ Okr jss. COLOnv
The foregoing instrument was acknowledged before me this 30 day of• A✓lC_ ,
2004,by Don and Linda Owens on behalf of themselves.
Witness my hand and official seal. .L1.1'X�(J�C_ L . ' E It3
Fib 0206(Notary Public
My Commission expires: ! ' (>
...03/4
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EXHIBIT "A"
GLORALOMA ESTATES
PART OF THE SE/4 OF SECTION 9
TOWNSHIP 2 NORTH - RANGE 67 WEST
TOWN OF FIRESTONE
WELD COUNTY, COLORADO
PRODUCTION
FACILITY
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OIL AND GAS OPERATIONS AREAS i , '' -�1 ti,
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PROPERTY BOUNDARY ' t. ',...r . r ,, i.
g ACCESS ROADS %\9-ia
PIPELINE EASEMENTS I ',
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• SLEEVED PIPELINE } PATINA
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L r ?AIMS
,
BERNARD I yeMounty Planning Department
DANIEL F_BERNARD GREELEY OFFICE 303-77E-9900
RICHARD N. LYONS,II GADDIS & KAHN HN ( (; FAX 303-413-1003
JEFF-REI.G KAHN GADDIS 111111 FEB 1 2 20041/
JOHN W.GADDIS Mailing address-
BRADLEY A.HALL A PROFESSIONAL CORPORATION POST OFFICE BOX 978
STEVEN P.JEFFER5 ATTORNEYS AND COON SELORRECEI /G�et�,1N1ONT,co 805(P-0978
WENDY SLEE RUDNIK (fir f6F•- AN/ RP�+YV"F Street address
ANTON V.DWORAK
SECOND FLOOR
ADELE L. REESTER 515 KIMBARK STREET
MADOLINE P.S.WALLACE
EVE I.C.4NFIELD
mWallace@blgla vr.coin
February 11, 2004
Ed Pruss
3300 28th Street
Boulder, CO 80301
RE: Gloraloma Estates Subdivision and New Coal Ridge Ditch Company
Dear Ed:
The New Coal Ridge Ditch Company asked me to review the easement deed that you prepared
for the operation, maintenance, repair and replacement of the Ditch Company's pipeline,
reservoir and appurtenant facilities. In order for me to adequately review the easement deed,
please provide me with the following information.
• A legal description of the easement to be conveyed prepared by an licensed surveyor;
• A copy of the easement deed to the oil and gas operators for access to the oil and gas
facilities; and
• A copy of the Recorded Exemption 1311-09-04-RE1921.
Until you provide the requested information, I cannot recommend that the Ditch Company sign
the easement deed. Despite this, please find enclosed red-lined and clean versions of the
easement deed that show the changes initially required by the Ditch Company.
If you have any questions or concerns, then please call or email at your earliest convenience.
Otherwise, I await the requested documents.
Best regards,
BERNA -._, LYONS, G DIS & KAHN,
a Prof sion I Qorp o
Mad li E . .alla e
MEW:mew
Enclosures
cc: Alfred Sater, President, New Coal Ridge Ditch Company (w/enclosures)
Chris Gathman, Weld County Planning Department (w/enclosures)
G'.\CLIENTS\N\NEWCR\G ES\L DROSS RE EASEMENT OEEO.000 2,11/04
C A
WARRANTY EASEMENT DEED
THIS EASEMENT, granted on the date of February , 2004, between Don
and Linda Owens whose address is 8585 Weld County Road 22, Fort Lupton,
CO 80621, Weld County, the Grantors, and The New Coal Ridge Ditch
Company whose address is 10879 Weld County Road 17, Longmont, CO 80504,
Weld County, the Grantee.
WITNES SETH, that the Grantors, for and in consideration of the sum of one
dollar, paid to the Grantors by the Grantee, the receipt and sufficiency of which
is hereby acknowledged, does hereby sell and convey to the Grantee an
easement for the purposes of access to operate, to maintain, to repair and to
replace Grantee's reservoir, pipeline and appurtenant facilities, over and across
the following described parcel of real property situated in the County of Weld,
State of Colorado to wit:
See map and legal description attached hereto as EXHIBIT A.
The easement described in EXHIBIT A is for the benefit of the New Coal
Ridge Ditch Company for the operation, maintenance, repair and
replacement of the reservoir, pipeline and appurtenant facilities on and
adjacent to that land, or any part thereof, situated on Lot B of Recorded
Exemption 1311-09-4-RE1921, recorded October 3, 1996, in Book 1570 as
Reception No. 2513889, being part of the SE `/a of Section 9, Township 2
North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado.
The Grantee agrees to maintain the easement described in EXHIBIT A at
Grantee's sole cost and expense.
with all appurtenances and warrants the title to the same.
DON OWENS LINDA OWENS
STATE OF COLORADO )
)ss.
COUNTY OF __ )
The foregoing instrument was acknowledged before me this day of
_, 2004, by Don and Linda Owens.
Witness my hand and official seal.
My commission expires:
Notary Public
G\CLIENTSIN\NEW CR\GES\EASEMENT CLEAN HOC 2/11/2004
Page 1 of 2
NEW COAL RIDGE DITCH
COMPANY
STATE OF COLORADO )
)ss.
COUNTY OF _ )
The foregoing instrument was acknowledged before me this __ day of
, 2004, by for the New Coal
Ridge Ditch Company.
Witness my hand and official seal.
My commission expires:
Notary Public
G\CLIENTSIMNEW CR\GESIEASEMENT CLEAN.DOC 2/11/20O4
Page 2 0`2
WARRANTY EASEMENT DEED
THIS EASEMENT, granted on the date of February , 2004, between Don
and Linda Owens whose address is- 8585 Weld County Road 22, Fort Lupton,
CO 80621, Weld County, the Grantors, and The New Coal Ridge Ditch
Company whose address is; 10879 Weld County Road 17, Longmont, CO
80504, Weld County, the Grantee.
WITNESSETH, that the Grantors, for and in consideration of the sum of one
dollar, paid to the GrantorGrantors by the Grantee, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant, bargain, sell and convey
to the Grantee an easement for the purposes of access to operate. to maintain
repair and to replace Grantee's reservoir, pipeline and irrigation appurtenant
facilities, over and across the following described parcel of real property
situated in the County of Weld, State of Colorado to wit:
Upon a parcel of land located in the southeast quarter of Section 9,
Township 2 North, Range 67 West opt Principle Meridian, Weld
County, Colorado, more particularly described as follows: See map and
attached legal description attached hereto as EXHIBIT A_: from the
intersection of W la � y ad 1n and Glom]. na Way est on
-l-e rz'�1B-ma Way to bF here id \x\ a..rns .tl, then be ng 350.5
degrees along the west side of said underground viaduct on the 30 foot wide
r it 1 h a f !' . ert,. A 7l t of shall be est�cnblishel i'l'ea
roads. Any travel off established roads or use e-f tracked vehi-cles on
pavement for the above said purposes shall be-with permisjea of Grantor
o"mT
This The easement described in EXHIBIT A Granted herein is for the
benefit of the New Coal Ridge Ditch Company and for the operation,
maintenance, repair and. replacement —of its the reservoir, pipeline and
appurtenant —facilities on and adjacent to that land, or any part thereof,
situated onin Weld County, Colorado, Lot B of Recorded Exemption 1311-
09-4-RE1921, recorded October 3, 1996, in Book 1570 as Reception No.
2513889, being part of the SE '/o of Section 9, Township 2 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado_
The Grantee agrees to maintain repair and maintain the easement described
in EXHIBIT A granted herein west of the FRICO underg oun a" '_at
Grantee's sole the—cost and expense_ of the Grantee, and that said Grantee
will in no way hinder or prevent the proper and re-asonable use and
e3 ' b anted
with all appurtenances and warrants the title to the same.
G\CLIENTS\NINEWCR\GES\EASEMENT REDLINE.DOC - ➢11i2004January 27,2004
Pene 1012
Grantor Grantee
The foregoing instrument was acknowledged befere me the day of
February 2004 by
DON OWENS LINDA OWENS
STATE OF COLORADO )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2004, by Don and Linda Owens.
Witness my hand and official seal.
My commission expires:
Notary Public
NEW COAL RIDGE DITCH COMPANY
•
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 2004, by for the New Coal
Ridge Ditch Company.
Witness my hand and official seal.
My commission expires:
Notary Public
G:\CLIENTSW\NEWCR10ES\EASEMENT REDLINE.DOC 2/1172004Jam afy-27-20ri04
Pine 212
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II !r A DDIS ,Q. KAHN FAX 303-413-1003
JEFFREY J.KAHN lJEi11lJ1L7 w Mailing address:
JOHN W.GADDIS A PROFESSIONAL CORPORATION POST OFFICE BOX 978
BRADLEY A.HALL ATTORNEYS AND COUNSELORS LONGMONT,CO 80502-0978
STEVEN P.JEFFERS
WENDY SLEE RUDNIK Street address:
ANTON V.DWORAK SECOND FLOOR
ADELE L.REESTER 515 KIMBARK STREET
MADOLINE E.S.WALLACE
EVE I.CANFIELD
mwallace@blglaw.com
April 15, 2004 Weld County Planning Department
GREELEY OFFICE
E33d00 28th Street APR 1 9 2004
Boulder, CO 80301 RECEIVED
RE: Gloraloma Estates Subdivision and New Coal Ridge Ditch Company RECEIVED
V
Dear Ed:
Please find enclosed one red-lined version and three clean versions of the revised easement deed,
which contain a legal description of the easement area created by a licensed surveyor. Please
have the Owenses sign the three clean versions of the easement deed before a notary public and
return two originals to me. I will forward one to the New Coal Ridge Ditch Company and the
other to the Weld County Clerk and Recorder's Office.
If you have any questions, then please call or email at your earliest convenience. Otherwise, I
await the executed easement deeds.
Best regards,
BE LY 1 G; )DIS & KAHN,
a Pr essio .1 i . + at, n
ey
Madoli : S. '� a e
MEW:mew
Enclosures
cc: Alfred Sater, President, New Coal Ridge ►' h rmpany (w/enclosures)
Chris Gathman, Weld County Planning Department (w/enclosures)
G:\CLIENTS\N\NEWCR\GEE\L PRIJSS RE DEED.DOC 4i15/04
WARRANTY EASEMENT DEED AND EASEMENT AGREEMENT
THIS EASEMENT, granted on the date of February
2004, between Don and Linda Owens ("Grantors") whose address is 8585 Weld
County Road 22, Fort Lupton, CO 80621, Weld County, the Grantors, and The
the New Coal Ridge Ditch Company ("Grantee") whose address is 10879 Weld
County Road 17, Longmont, CO 80504, Weld County, the Grantee.
WITNESSETH, that the Grantors, for and in consideration of the sum of one
dollar, paid to the Grantors by the Grantee, the receipt and sufficiency of which
is hereby acknowledged, does hereby sell and convey to the Grantee an
easement for the purposes of acccss ingress and egress to operate, to maintain,
to repair and to replace Grantee's ditch, reservoir, pipeline and appurtenant
facilities, over and across the following described parcel of real property
situated in the County of Weld, State of Colorado to wit:
See map and legal description attached hereto as EXHIBIT A.
The easement described in EXHIBIT A is for the benefit of the New Coal
Ridge Ditch Company Grantee for ingress and egress to Grantee's historical
easements for the operation, maintenance, repair and replacement of —the
Coal Ridge Ditch, reservoirthe Coal Ridge Reservoir No. 2 (also known as
the Harrison Reservoir), the pipeline and the appurtenant facilities on and
adjacent to that land, or any part thereof, situated on Lot B of Recorded
Exemption 1311-09-4-RE1921, recorded October 3, 1996, in Book 1570 as
Reception No. 2513889, being art of the SE '/ of Section 9, Township 2
North, Range 67 West of the 6` P.M., County of Weld, State of Colorado
("Grantor's Property").
The Grantee agrees to maintain the portion of the easement described in
EXHIBIT A-B at Grantee's sole cost and expense.
with all appurtenances and warrants the title to the same.
SIGNATURES APPEAR ON PAGE 2
I G\CLIENTSVNJEWCRIGESEASEMENT RED 4-13-04.DOC -�WW3OO4
Page
DON OWENS LINDA OWENS
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by Don and Linda Owens.
Witness my hand and official seal.
My commission expires:
Notary Public
NEW COAL RIDGE DITCH
COMPANY
STATE OF COLORADO. )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 2004, by _ for the
New Coal Ridge Ditch Company.
Witness my hand and official seal.
My commission expires:
r
Notary Public
G\GLIENTSMNEWCR\GESEASEMENT RED 4-13-04DOC Cry5/2U444l41Qow
Page 2 a(2
WARRANTY DEED AND EASEMENT AGREEMENT
THIS EASEMENT, granted on the of _ , 2004, between Don
and Linda Owens ("Grantors") whose address is 8585 Weld County Road 22,
Fort Lupton, CO 80621, Weld County, and the New Coal Ridge Ditch Company
("Grantee") whose address is 10879 Weld County Road 17, Longmont, CO
80504, Weld County.
WITNESSETH, that the Grantors, for and in consideration of the sum of one
dollar, paid to the Grantors by the Grantee, the receipt and sufficiency of which
is hereby acknowledged, do hereby sell and convey to the Grantee an easement
for the purposes of ingress and egress to operate, to maintain, to repair and to
replace Grantee's ditch, reservoir, pipeline and appurtenant facilities, over and
across the following described parcel of real property situated in the County of
Weld, State of Colorado to wit:
See map and legal description attached hereto as EXHIBIT A.
The easement described in EXHIBIT A is for the benefit of Grantee for
ingress and egress to Grantee's historical easements for the operation,
maintenance, repair and replacement of the Coal Ridge Ditch, the Coal
Ridge Reservoir No. 2 (also known as the Harrison Reservoir), the pipeline
and the appurtenant facilities on and adjacent to Lot B of Recorded
Exemption 1311-09-4-RE1921, recorded October 3, 1996, in Book 1570 as
Reception No. 2513889, being fart of the SE `/ of Section 9, Township 2
North, Range 67 West of the 6` P.M., County of Weld, State of Colorado
("Grantor's Property").
The Grantee agrees to maintain the portion of the easement described in
EXHIBIT B at Grantee's sole cost and expense.
with all appurtenances and warrants the title to the same.
SIGNATURES APPEAR ON PAGE 2
G9CLIENTS\N\NEWGR\GES\EASEMENT FINAL 4-13M.0OC 4115/2004
Page 1 012
DON OWENS LINDA OWENS
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by Don and Linda Owens.
Witness my hand and official seal.
My commission expires:
Notary Public
NEW COAL RIDGE DITCH
COMPANY
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ _ day of
, 2004, by for the
New Coal Ridge Ditch Company.
Witness my hand and official seal.
My commission expires:
Notary Public
G\CLIENTS\NINEWCR\GES EASEMENT FINAL 4-13-04DOC 4/15/2004
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AN OIL/GAS ACCESS AND IRRIGATION EASEMENT
A VARYING WIDTH EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9,
TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,AND
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 TO
BEAR S00°09'19"E FROM THE EAST QUARTER CORNER OF SAID SECTION 9 AS
MONUMENIED WITH A NO. 6 REBAR W/2"ALUMINUM CAP STAMPED LS 25937 IN
MONUMENT BOX TO THE SOUTHEAST CORNER OF SAID SECTION AS MONUMENTED WITH
A NO. 5 REB.AR W/2"ALUMINUM CAP STAMPED LS 25937, 1993,IN ALUMINUM BOX AS
BEING THE BASIS OF BEARINGS WITH ALL OTHER BEARINGS AND DISTANCES
CONTAINED HEREIN BEING RELA I WE THERETO,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER OF SAID SECTION 9 THENCE S00°09'19"E,210.00 FEET
THE THE TRUE POINT OF BEGINNING, SAID POINT BEING ON NORTH RIGHT-OF-WAY
LINE OF PROPOSED GLORALOMA WAY,A SIXTY FOOT(60')RIGHT-OF-WAY;
THENCE S89°50'41"W, 794.81 FEET TO A POINT OF CURVATURE TO TEE LEFT HAVING A
RADIUS OF 230.00 FEET,A DELTA OF 19°46'51",AN ARC LENGTH OF 79.40 FEET,A CHORD
LENGTH OF 79.01 FEET AND A CHORD BEARING OF S79°57'16"W;
THENCE S70°03'51"W,332.24 FEET TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 170.00 FEET,A DELTA OF 19°46'51",AN ARC LENGTH OF 58.69 FEET,A CHORD
LENGTH OF 58.40 FEET AND A CHORD BEARING OF 579°57'16"W;
THENCE 589°50'41"W, 192.43 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A
RADIUS OF 260.00 FEET,A DELTA OF 48°01'09",AN ARC LENGTH OF 217.90 FEET,A CHORD
LENGTH OF 211.58 FEET AND A CHORD BEARING OF 565°50'07"W;
THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF PROPOSED GLORALOMA WAY
TO AN INTERSECTION WITH THE NORTHERLY SIDE OF A THIRTY FOOT(30') OIL/GAS
ACCESS AND IRRIGATION EASEMENT;
THENCE N49°49'38"W, 63.18 FEET TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 70.00 FEET,A DELTA OF 40°19'40",AN ARC LENGTH OF 49.27 FEET,A CHORD
LENGTH OF 48.26 FEET AND A CHORD BEARING OF N29°39'48"W;
THENCE N09°29'58"W, 187.69 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A
RADIUS 85.00 FEET,A DELTA OF 72°53'43",AN ARC LENGTH OF 108.14 FEET,A CHORD
LENGTH OF 101.00 FEET AND A CHORD BEARING OF N45°56'50"W,TO A POINT ON THE
EAST RIGHT-OF-WAY LINE OF THE FRICO UNDERGROUND VIADUCT;
THENCE 509°29'58"E,32.25 FEET ON SAID RIGHT-OF-WAY LINE TO THE SOUTHERLY LINE
OF SAID 30 FOOT WIDE EASEMENT AND A POINT OF CURVATURE TO THE RIGHT HAVING
A RADIUS OF 55.00 FEET,A DELTA OF 62°57'52",AN ARC LENGTH OF 60.44 FEET,A CHORD
LENGTH OF 57.45 FEET AND A CHORD BEARING OF S40°58'54"E;
THENCE 509°29'58"E, 187.69 FEET TO A POINT OF CURVATURE TO THE LEP I HAVING A
RADIUS OF 100.00 FEET,A DELTA OF 40°19'40",AN ARC LENGTH OF 70.39 FEET,A CHORD
LENGTH OF 68.94 FEET AND A CHORD BEARING OF 529°39'48"E;
THENCE 549°49'38"E, 124.35 FEET TO A POINT ON TIIE PROPOSED SOUTH RIGHT-OF-WAY
LINE OF GLORALOMA WAY;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET,A DELTA
OF 56°07'54",AN ARC LENGTH OF 195.94 FEET,A CHORD LENGTH OF 188.19 FEET AND A
CHORD BEARING OF N61°46'44"E;
4 IXHIBIT
LA3
THENCE N89"50'41"E, 192.43 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A
RADIUS OF 230.00 FEET,A DELTA OF 19°46'51",AN ARC LENGTH OF 79.40 FEET,A CHORD
LENGTH OF 79.01 FEET AND A CHORD BEARING OF N79°57'16"E;
THENCE N70°03'51"E,332..4 FEET TO A PONT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 170.00 FEET,A DELTA OF 19'46'51",AN ARC LENGTH OF 58.69 FEET,A CHORD
LENGTH OF 58.40 FEET AND A CHORD BEARING OF N79°57'16"E;
THENCE N89°50'41"E,794.81 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 9,T2N,R67W;
THENCE N00°09'19"W,60.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL
CONTAINS 2.586 ACRES+.
PROPOSED TRACT"A" OIL/GAS ACCESS AND IRRIGATION EASEMENT:
BEGINNING AT THE SOUTHEAST CORNER OF PROPOSED TRACT A, GLORALOMA
ESTATES,THENCE N09°29'58"W, 1109.45 FEET,ALONG THE WEST LINE OF FRICO UNDER
GROUND VIADUCT RIGHT-OF-WAY,TO THE TRUE POINT OF BEGINNING;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 55.00 FEET,A DELTA OF
123°07'06",AN ARC LENGTH OF 118.19 FEET,A CHORD LENGTH OF 96.72 FEET AND A
CHORD BEARING OF 524°09'27"E TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET,A DELTA OF 27°54'08",AN ARC LENGTH OF 73.05 FEET,A CHORD
LENGTH OF 72.33 FEET AND A CHORD BEARING OF 523°27'02"E;
THENCE 509°29'58"E, 836.41 FEET TO A POINT ON THE SOUTH LINE OF TRACT A,
GLORALONLA ESTATES;
THENCE N89°50'05"W,30A3 FEET ALONG THE SOUTH LINE OF PROPOSED TRACT"A";
THENCE N09°29'58"W, 831.30 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A
RADIUS OF 180.00 FEET,A DELTA OF 27°54'08",AN ARC LENGTH OF 87.66 FEET,A CHORD
LENGTH OF 86.79 FEET AND A CHORD BEARING OF N23°27'02"W TO A POINT OF
CURVATURE TO THE RIGHT HAVING A RADIUS OF 85.00 FEET,A DELTA OF 121°16'29",
AN ARC LENGTH OF 179.91 FEET,A CHORD LENGTH OF 148.16 FEET AND A CHORD
BEARING OF N2 14'08"E TO A POINT ON THE WEST LINE OF FRICO UNDERGROUND
VIADUCT RIGHT-OF-WAY;
THENCE 509°29'58"E,30.08 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.732 ACRES+.
EXHIBIT
A
30„3
PROPOSED TRACT"A" OIL/GAS ACCESS AND IRRIGATION EASEMENT:
BEGINNING AT THE SOUTHEAST CORNER OF PROPOSED TRACT A, GLORALOMA
ESTATES,THENCE N09"29'58"W, 1109.45 FEET,ALONG THE WEST LINE OF FRICO UNDER
GROUND VIADUCT RIGHT-OF-WAY,TO THE TRUE POINT OF BEGINNING;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 55.00 FEET,A DELTA OF
123°07'06",AN ARC LENGTH OF 118.19 FEET,A CHORD LENGTH OF 96.72 FEET AND A
CHORD BEARING OF 524°09'27"E TO A POINT OF CURVATURE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET,A DELTA OF 27°54'08",AN ARC LENGTH OF 73.05 FEET,A CHORD
LENGTH OF 72.33 FEET AND A CHORD BEARING OF S23°27'02"E;
THENCE 509°29'58"E,836.41 FEET TO A POINT ON THE SOUTH LINE OF TRACT A,
GLORALOMA ESTA I ES;
THENCE N89°50'05"W,30.43 FEET ALONG THE SOUTH LINE OF PROPOSED TRACT"A";
THENCE N09°29'58"W, 831.30 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A
RADIUS OF 180.00 FEET,A DELTA OF 27°54'08",AN ARC LENGTH OF 87.66 FEET,A CHORD
LENGTH OF 86.79 FEET AND A CHORD BEARING OF N23°27'02"W TO A POINT OF
CURVATURE TO THE RIGHT HAVING A RADIUS OF 85.00 FEET,A DELTA OF 121°16'29",
AN ARC LENGTH OF 179.91 FEET,A CHORD LENGTH OF 148.16 FEET AND A CHORD
BEARING OF N23°14'08"E TO A POINT ON THE WEST LINE OF FRICO UNDERGROUND
VIADUCT RIGHT-OF-WAY;
THENCE 509°29'58"E,30.08 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.732 ACRES±.
r
EXHIBIT
1oFI
H DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS & KAHN FAX 303-413-1003
JEFFREY J.KAHN
JOHN W.GADDIS A PROFESSIONAL CORPORATION Mailing address:
BRADLEY A.HALL ATTORNEYS AND COUNSELORS POST OFFICE BOX 978
STEVEN P.JEFFERS
WENDY SLEE RUDNIK LONGMONT,CO 80502-0978
ANTON V.DWORAK Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE 515 KIMBARK STREET
EVE I.CANFIELD
mwallace@blglaw.com
June 30, 2004
Ed Pruss
3300 28th Street
Boulder, CO 80301
Re: Gloraloma Estates Subdivision and New Coal Ridge Ditch Company
Dear Ed:
On April 15, 2004, I sent you a redlined version of the easement deed for the operation,
maintenance, repair and replacement of the New Coal Ridge Ditch at the Gloraloma Estates
Subdivision. The Ditch Company provided the easement deed, which contained a proper legal
description of the easement area, for the Owenses' signature. I have not yet received the signed
easement deed. Please contact me to discuss this matter further.
Best regards,
BE ' S --RD, L NS, GADDIS & KAHN
a "rofessi o..oration
By
M.doli allace
MEW:mil
cc: Alfred Sater, President, New Co.l Ridge itci Company
Chris Gathman, Weld County Plai ing i -partment
Sri r--�
G:\CLIENTS\N\NEWCR\GES\LT PRUSS63004 DOC 6/30/04
May . 18 . 2004 9 : 38AM No . 8188 P . '
Thomas & Colleen Dooley
5225 Mt. Arapaho Cir.
Frederick, CO 80504
May 18, 2004
Department of Planning Services
4209 CR 24'/2
Longmont, CO
CASE NUMBER: USR- 1469
Dear Sir or Madam:
We oppose the storage of vehicles and equipment of a construction nature to be stored in an
area not currently zoned as industrial. There are places that are zoned that the owner of
such equipment can store them and not cause any unsightliness or disruption to a residential
neighborhood bordering the property. Changing the current zoning is highly undesirable for
many reasons, and without knowing any of the particulars of this case; we are disinclined to
allow this request with any means at our disposal.
Please notify us of action we may pursue to either be informed of the particulars of the
request, or what powers we have to deny, or to be a part of denial of the request. You may
reach us at the address above, or by telephone at#720 2201522.
Sincerely,
Thomas M. Dooley
Summit View Ridge Resident
t
�e.
Chris Gathman
--From: Kmcrouch@aol.com
ent: Tuesday, May 18, 2004 11:17 AM
fo: Chris Gathman
Cc: Fred.Diem@MeritEnergy.com; anna.McMinn@meritenergy.com;
Frank.Holubec@MeritEnergy.com; Paula.Maiberger@meritenergycom
Subject: USR 1469
Merit Energy Company has reviewed aerial photos provided to Merit on connection with the
referenced USR Application and has no objections thereto.
Keith Crouch
Attorney for Merit
303-929-7016
303-444-5624 fax
.44
1 Tina
Y c d Co;;;.
BERNARD LYONS
DANIEL F.BERNARD ` 303-77G-9900
RICHARD N.LYONS,II !'J ♦DDIS & KAHN HN FAX 303-413-1003
JEFFREY J.KAHN GADDIS 11H111� �y-.
JOHN W.GADDIS €'pa .., ._ .: v l
BRADLEY A.HALL A PROFESSIONAL CORPORATION Mailing address:
STEVEN P.JEFFERS ATTORNEYS AND COUNSELORS POST OFFICE BOX 978
WENDY SLEE RUDNIK LONGMONT,CO 80502-0978
ANTON V.DWORAK Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE
EVE L CANFIELD 515 KIMBARK STREET
E-MAIL mwallace@blglaw.com
August 3, 2004
Ed Pruss
Coldwell Banker Residential Brokerage
3300 28th Street
Boulder, CO 80301
Re: Gloraloma Estate Subdivision
Dear Ed:
In response to your July 9, 2004 e-mail, the New Coal Ridge Ditch Company cannot use the
Warranty Deed previously signed by the Owenses by replacing the incorrect legal description
with the correct legal description created by surveyor. In addition, some terms contained in the
Warranty Deed signed by the Owenses would be unreasonable for the Ditch Company to accept.
Specifically, the Ditch Company refuses to maintain the entire easement described in EXHIBIT
A because the majority of that easement occurs on paved roads within the subdivision. The
Ditch Company, however, does agree to maintain a portion of the easement that occurs west of
the pipeline, which is described in EXHIBIT B. For that reason, the Ditch Company revised the
Warranty Deed and Easement Agreement.
As requested previously, please have the Owenses sign the three originals of the revised
Warranty Deed and Easement Agreement that I provided to you on April 15, 2004. Upon receipt
of the executed Deed, the Ditch Company will record it in Weld County.
Please call or e-mail at your earliest convenience to discuss this matter further.
Best regards,
B . RNARD, ► I NS, GADDIS &
a ofessional I .rpd ation
By
Mad. ink .S.r .Face
MEW:mll
Engle�.c !''r*
cc: Alfred Sader, President
Rashelle Richardson, Secretary
Chris Gathman, Planner, Weld County .0 #
F WLIENTS\NWEWCFOGES\LT PRIISSB0204.DOC 8/3/04
,,JU C drt
COLOW '77 3300 28TH STREET
BAN Ken BOULDER.Co 80301
OFFICE(303)449-5000
RESIDENTIAL BROKERAGE rer(303)44P 6969
August 15, 2004
Chris Gathman, Planner
Chris, thank you for your time on Thursday. It was very helpful to review the questions
from the Board's letter.
As you requested, I have enclosed some of the Email correspondence from my attempt to
reach an agreement with FRICO for an easement for us crossing their 30 foot wide strip
of land just south of the New Coal Ridge Ditch on the north boundary of our property,
and for FRICO to cross our land to access their facilities.
I do not have documentation of my numerous phone calls, nor of my many attempts (over
30) for a face-to-face meeting by showing up at FRICO's office at 8AM on a daily basis.
At some point we had to make the decision that FRICO had no interest in working with
us.
I feel that we have done all that can be reasonably done to try to get the easement issue
resolved.
I look forward to meeting with the county on the 25th. of August. If you wish any
additional information, please feel free to contact me.
Sincerely, /1
411,
Ed Pruss
Senior Broker Associate
303-489-8002
•
Owned And Operated By NAT Incorporated. Q[13
From: edpruss@earthlink.net
To: John Akolt , Manuel Montoya
Subject: Easement
Date: Mar 11, 2004 8:36 AM
Ctlemen,
Manual, when you left me a voice mail message on about 26 Feb. , saying that the
board of Directors of the ditch company was meeting on 3 March and could vote on
accepting the easement then, I thought maybe we could get this taken care of. Since
over a week has passed, I must assume since I have seen nothing in the U S mail,
or heard anything from you, that again, you really are unable to keep your word
about wanting to get this signed and finished.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Caldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
r''`
Web Mail Printable Message Page 1 of 1
From: edpruss@earthlink.net
To: Manuel Montoya, John Akolt
Subject: Easement
Date: Feb 25, 2004 8:43 AM
Gentlemen, I called and just found out that your president has passed away. Last
I knew, he had an eye operation and Manual, you said you would stop by and get him
to sign the agreement on your way home. Sorry about that.
I presume you board of directors has selected an intirim president to sign papers.
When can we get this donee,"),'»,999rnrmr)
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
https://webmail.pas.earthlink.net/wam/printable.jsp?msgid=891&x=1926627750 2/25/2004
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=839&x=-1 1 604892 1 9
From: edpruss@earthlink.net
To: Don Owens
Subject: FRICO
Feb 9, 2004 1:10 PM
Lun and Linda. I can definitely say that FRICO is not cooperating or performing.
I have stopped by there office for the last several mornings since they do not respond
to phone messages or email messages. They(Manual) kept promising to have the easement
signed, and were polite and appeared to be cooperative, but no dice. I think they
are both not working with us.
I drafted an easement to their specifications and gave them a copy and even sent
an email copy of revisions, no luck.
I recommend we contact the water commissioner and tell him that FRICO is not willing
to work with us as the county has requested. If you wish, I can provide documentation
of my correspondence and work.
Let me know how you wish to proceed.
I spoke with a gentleman about buying the property and doing the development work
himself. He is going to get back to me.
I think it is time to sit down and start marketing the property subject to county
approval . The oil companies are supposed to get us something in writing this week.
I want to sit down with the county to review out status and time frame soon.
I know this is your day off but I wanted to keep you up-to-date.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
https://webmail.pas.earthlink.net/wam/printable.j sp?msbid=833&x=-1393845849
From: edpruss@earthlink.net
To: John Akolt , Manuel Montoya
Subject: Easement
Feb 5, 2004 10:58 AM
Attachments: EASEMENT.doc
Gentlemen, please review the enclosed. Please run any changes by me for review
by my clients,
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-5969FX
EASEMENT
THIS EASEMENT, granted on the date of January , 2004, between
Farmers Reservoir and Irrigation Company, 80 South 27`h Ave., Brighton, CO 80601, Adams
County, the Grantor, and
Don and Linda Owens, 8585 Weld County Road 22, Fort Lupton, CO 80621, Weld County, the
Grantee.
WITNESSETH, that the Grantor, for and in consideration of the sum of one dollar, paid to the
Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell and convey to the Grantee an easement for the purposes of access,
utility lines etc., drainage and for any use whatsoever, over and across the northern 150 feet-
immediately south of the New Coal Ridge Ditch right of way, of the following described parcel.
Access across the southern portion of said underground viaduct shall be subject to review and
approval by the Grantor, however, access for reasonable use consistent with historic use or
required use of the surrounding land shall not be unreasonably denied
A parcel of real property located in the southeast quarter of Section 9, Township 2 North, Range
67 West of the 6th Principle Meridian, Weld County, Colorado, more particularly described as
follows: Parcel B of attached map(Exhibit 1), a continuous strip of land 30.0 feet wide from the
northerly line of described parcel A trending NNW, to the centerline of the "Coal Ridge Ditch,"
said strip of land being 15.0 feet either side of a centerline described as follows: commencing at
/e• the southeast corner of said Section 9; thence north 89 degrees 35' west a distance 921.0 feet;
thence north 00 degrees 00' east a distance of 1500.0 feet,thence north 89 degrees 35' west a
distance of 729 feet to the point of beginning (P.O.B.,)thence north 09 degrees 20' 38" west a
distance of 1112.0 feet more or less to the centerline of said "Coal Ridge Ditch" and the point of
terminus, containing .8 acres, more or less.
This easement is for the benefit of and appurtenant to that land, or any part thereof, situated in
Weld County, Colorado, Lot B of Recorded Exemption 1311-09-4-RE1921, recorded October 3,
1996, in Book 1570 as Reception No. 2513889, being part of the SE/4 of Section 9, Township 2
North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado, land immediately
adjacent to and on both sides(E and W) of above described Parcel B.
The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of
the Grantee, and that said Grantee will in no way hinder or prevent the proper and reasonable use
and enjoyment of the property through which the easement is granted, in particular the existing
two standpipes and buried pipeline.
Grantor Grantee
STATE OF COLORADO, COUNTY OF WELD
The foregoing instrument was acknowledged before me the day of January, 2004 by
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=820&x=45907847
From: edpruss@earthlink.net
To: Manuel Montoya , John Akolt
Subject: Easements
lew\ Feb 2, 2004 12:08 PM
Gentlemen; Well, here we are again. It was nice sitting down with you again last
week and reaching a verbal agreement. John, I took you at your word that Manual
would get back to me Friday, and nothing happened, just as has been going on since
September, so I must assume that you are not serious about getting this worked out .
PROVE ME WRONGtI IIIII t " III
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
r\
,.� COLD wets BOULDER 28TH
BAN1(eR 3300 28th St.
Boulder, CO 80301
RESIDENTIAL BROKERAGE PH: 303-449-5000 * FAX: 303-449-6969
Fax
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EASEMENT
eaN THIS EASEMENT, granted on the date of January , 2004, between
Farmers Reservoir and Irrigation Company, 80 South 27th Ave., Brighton, CO 80601, Adams
County, the Grantor, and
Don and Linda Owens, 8585 Weld County Road 22, Fort Lupton, CO 80621, Weld County, the
Grantee.
WITNESSETH, that the Grantor, for and in consideration of the sum of one dollar, paid to the
Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell and convey to the Grantee an easement for the purposes of access,
utility lines etc., drainage and for any use whatsoever, over and across the northern 150 feet-
immediately south of the New Coal Ridge Ditch right of way, of the following described parcel.
Access across the southern portion of said underground viaduct shall be subject to review and
approval by the Grantor, however, access for reasonable use consistent with historic use or
required use of the surrounding land shall not be unreasonably denied
A parcel of real property located in the southeast quarter of Section 9, Township 2 North, Range
67 West of the 6`h Principle Meridian, Weld County, Colorado, more particularly described as
follows: Parcel B of attached map(Exhibit 1), a continuous strip of land 30.0 feet wide from the
northerly line of described parcel A trending NNW, to the centerline of the "Coal Ridge Ditch,"
said strip of land being 15.0 feet either side of a centerline described as follows: commencing at
the southeast corner of said Section 9; thence north 89 degrees 35' west a distance 921.0 feet;
thence north 00 degrees 00' east a distance of 1500.0 feet, thence north 89 degrees 35' west a
distance of 729 feet to the point of beginning (P.O.B.,) thence north 09 degrees 20' 38"west a
distance of 1112.0 feet more or less to the centerline of said"Coal Ridge Ditch" and the point of
terminus, containing .8 acres, more or less.
This easement is for the benefit of and appurtenant to that land, or any part thereof, situated in
Weld County, Colorado, Lot B of Recorded Exemption 1311-09-4-RE1921, recorded October 3,
1996, in Book 1570 as Reception No. 2513889, being part of the SE/4 of Section 9, Township 2
North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, land immediately
adjacent to and on both sides(E and W) of above described Parcel B.
The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of
the Grantee, and that said Grantee will in no way hinder or prevent the proper and reasonable use
and enjoyment of the property through which the easement is granted, in particular the existing
two standpipes and buried pipeline.
Grantor Grantee
STATE OF COLORADO, COUNTY OF WELD
The foregoing instrument was acknowledged before me the day of January, 2004 by
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=804&x=-289968813
From: edpruss@earthlink.net
To: Manuel Montoya
Subject: RE: Required Easement
Pte: Jan 26, 2004 7:30 PM
Anytime Tuesday, 27 Jan. 20, after noon.
Original Message
From: Manuel Montoya <Manuel@farmersres.com>
Sent: Jan 26, 2004 1 :27 PM
To: edpruss@earthlink.net
Cc: Manuel Montoya <Manuel@farmersres.com>, Jakolt@aol.com
Subject: RE: Required Easement
Please e-mail or call me with date you have available to meet in the
field. mm
Manuel Montoya
80 South 27th Ave.
Brighton CO 80631
work 303 659 7373
mobile 303 944 6761
Manuel@farmersres.com
Original Message
From: edpruss@earthlink.net [mailto:edpruss@earthlink.net]
Sent: Wednesday, January 21, 2004 3:21 PM
To: Manuel Montoya; John Akolt
SyjZject: Required Easement
Gentlemen,
Considerable w, ter has gone under the bridge since September when we
agreed to meet at the Harrison Reservoir property to review the language
for an easement .
Since so much time has elapsed and we have been unable to meet, I have
procured an easement to meet the County' s request . The easement will be
coming to you by Fx.
If it has not been returned, properly signed, by 10 days from now, we
will proceed with other measures.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Caldwell Banker Residential Brokerage
3300 28th St
r -lder, CO 80301
Sv3-489-8002, 800-654-4788x323
303-449-6969FX
https://webmail.pas.earthlink.net/wam/printable.jsp?msgid=3962&x=-1 168337156
From: Manuel Montoya <Manuel@farmersres.com>
To: edpruss@earthlink.net
Cc: Manuel Montoya <Manuel@farmersres.com>, Jakolt@aol.com
erect: RE: Required Easement
Date: Jan 26, 2004 1:27 PM
Please e—mail or call me with date you have available to meet in the
field. mm
Manuel Montoya
80 South 27th Ave.
Brighton CO 80631
work 303 659 7373
mobile 3O3 944 6761
Manuel@farmersres.com
Original Message
From: edpruss@earthlink.net [mailto:edpruss@earthlink.net]
Sent: Wednesday, January 21, 2004 3:21 PM
To: Manuel Montoya; John Akolt
Subject: Required Easement
Gentlemen,
Considerable water has gone under the bridge since September when we
agreed to meet at the Harrison Reservoir property to review the language
for an easement .
roe so much time has elapsed and we have been unable to meet, I have
t cured an easement to meet the County' s request . The easement will be
coming to you by Fx.
If it has not been returned, properly signed, by 10 days from now, we
will proceed with other measures.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=803&x=2047355049
From: edpruss@earthlink.net
To: Manuel Montoya
Subject: RE: Required Easement
Jan 26, 2004 7:14 PM
Manuel, I didn't get a message w/ your email?
Original Message
From: Manuel Montoya <Manuel@farmersres.com>
Sent: Jan 26, 2004 1: 26 PM
To: edpruss@earthlink.net
Subject: RE: Required Easement
Manuel Montoya
80 South 27th Ave.
Brighton CO 80631
work 303 659 7373
mobile 303 944 6761
Manuel@farmersres.com
Original Message
From: edpruss@earthlink.net [mailto:edpruss@earthlink.net]
Sent: Wednesday, January 21, 2004 3:21 PM
To: Manuel Montoya; John Akolt
Subject: Required Easement
Gentlemen,
Considerable water has gone under the bridge since September when we
agreed to meet at the Harrison Reservoir property to review the language
for an easement.
Since so much time has elapsed and we have been unable to meet, I have
procured an easement to meet the County's request. The easement will be
coming to you by Fx.
If it has not been returned, properly signed, by 10 days from now, we
will proceed with other measures.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
g4ulder, CO 80301
r `-489-8002, 800-654-4788x323
3u3-449-6969FX
cowwea BOULDER 28TH
BANKeR Q 3300 28th St.
Boulder, CO 80301
RESIDENTIAL BROKERAGE PH: 303-449-5000 * FAX: 303-449-6969
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To: 16titAkiJIl 4'0111 it e
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COLDUELL BANKER BLDR
f^
DATE TIME TO/FROM MODE MIN/SEC PGS CMDU STATUS
10 01/23 13: 3036596077 EC--S 00'3EK 002 220 OK
EASEMENT
THIS EASEMENT,granted on the date of January , 2004,between
Farmers Reservoir and Irrigation Company, 80 South 27th Ave.,Brighton,CO 80601,Adams
County,the Grantor,and
Don and Linda Owens,8585 Weld County Roa 22 Fort Lupton,CO 80621,Weld County,the
Grantee.
WITNESSETH.that the Grantor,for and in consideration of the sum of one dollar,paid to the
Grantor by the Grantee,the receipt and sufficiency of which is hereby acknowledged,does
hereby grant, bargain,sell and convey to the Grantee an easement for the purposes of access,
utility lines etc..drainage and for any use whatsoever,over and across the following described
parcel of real property situated in the county of Weld,state of Colorado to wit:
A parcel of land located in the southeast quarter of Section 9,Township 2 North,Range 67 West
of the 6th Principle Meridian,Weld County,Colorado,more particularly described as follows:
r.", Parcel B of attached map(Exhibit I),a continuous strip of land 30.0 feet wide from the northerly
line of described parcel A trending NNW,to the centerline of the"Coal Ridge Ditch,"said strip
of land being 15.0 feet either side of a centerline described as follows: commencing at the
southeast corner of said Section 9;thence north 89 degrees 35' west a distance 921.0 feet;thence
north 00 degrees 00' east a distance of 1500.0 feet.thence north 89 degrees 35' west a distance
of 729 feet to the point of beginning(P.O.B.,)thence north 09 degrees 20' 38"west a distance of
11'2.0 feet more or less to the centerline of said"Coal Ridge Ditch"and the point of terminus.
containing.8 acres,more or less.
This easement is for the benefit of and appurtenant to that land,or any part thereof,situated in
Weld County,Colorado, Lot B of Recorded Exemption 1311-09-4-RE1921.,recorded October 3,
1996, in Book 1570 as Reception No.2513889,being part of the SE/4 of Section 9,Township 2
North. Range 67 West of the 6'h P.M.,County of Weld, State of Colorado,land immediately
adjacent and on both sides(E and W)of above described Parcel B.
The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of
the Grantee; and that said Grantee will in no way hinder or prevent the proper and reasonable use
and enjoyment of the property through which the easement is granted,in particular the existing
two standpipes and buried pipeline.
Grantor Grantee
STATE OF COLORADO,COUNTY OF WELD
The foregoing instrument was acknowledged before me the day of January,2004 by
** TX STATUS REPORT ** AS OF JRN 21 '04 15:36 PPGE.01
COLDWELL BANKER BLDR
DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS
15 01/21 15:35 3036596077 EC--S 00'42" 002 102 OK
SENT 8Y: TRANSNATION; 6.28 96 8:57; 9703522317 [> ✓! /,[ #4
1 1)07 NNC 0325)700 0s/15'91 ism '31.00 silos .C)`/I 101 r �� \ �
in f 1112 NUllll^ai PCOERsTIIN CLERK I RE�EA "
I.IID M, PO
TM15 DRTacaT IS A CLAAIFICAT7oa AND
•16. COANATTION Or TIE 0RACR[PTION Or A
1T PARCEL OP LAND IEIAINED AT •770
FARMERS AWERW1R'AND IARIOaTtC1,
PARCEL A _ CTJOANI'. PARTY Of 2NE PINSI PART.
C(MTQLIME LO 1110E STRIP DI EC7(E71HE AND PROM LAND ��LA TO JACK O.
LAMS MAAS NOI•20'St'N PARTIES Of IRS SECOND PART.NNE NEA
A DISTANCE OP 1111.00'VOEE ' HAIRAMIT DESD RSCORDED JULY 17, IRA,
OA LESS. IN 0001[ '620 AT TAGS 6 AS R10IPTICII
►ox >10.00' MO. 1115711. THE DESCRI►]IONN JACKSON
OP • , , r_~� WILL SUPERSEDE ALL
t 8973E - 1274.00 DGxAIrTxoas WREN ACCENTED TOUT
PARTIES IVKM.VID AS £VTObICED ST ITS
RECORDING IN THE OPTICS OF THE CLERK
AND RECORDER. VELD COUNTT. CIRa*DD.
N
b g
db 0 W E 4
`' PARCEL A 6 s
W ' . R '
g I OGLE 8 e.
}I Q i D DO' Aed •e g
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8 DESCRIBED 1E.76I. $ ;
/9-\ • • rasp A.ARAM KITH '-tltlA1,w.-NIJ ta 7267•. I" y'
saris
•
• POUID .1 R..COw�r�AR.,.AM�D C1v.�..4
SECTIONS TA/W'r GQW II
Ii CWildComyRDod22 S8A S51E- 0.00' .P-»r-,ram IL'
A N ti9-351 W-19Z9,001 PO.B.
_ moan Guam I
I'YHOM ern
LEGAL DESIPTIONi I
4
WI
'ARCMS OF LAND LOCATES a THE SOUTHEAST OVAST= OF SECTION P. TOM1SNIr 2 MATE. RANCE 67 !I OF
TEE SIMS PRINCIPAL MERIDIAN. WELD COUNTY, COLORADO. MORE PALT[CULAALI OESCRISED AS FOLIANTST
rARCR AI CO109GICIPO AT INS SOUTATAST CORNEA OF SAID SECTION 1. AND CONSIDERING THE EAST LINE
OR SAID SOUEREAST OOALTLA OP •SCTION T AS REARING AORTA 00'00'00• LAST Min ALL OTHER SEMINC0
LOO RELATIVE IHQRTo1 ?NEWS NORTE 17'31' WEST ALONG TXt SOOTY LINE OF SAIO 6OUTNlAIT MARTINI
0s s0crkom 1 A DISTANCE OF ,66.00 PERT TO Tilt POINT Or ►ECIVAINGI THENCE CONTIININO FORTA Se7S'
MIST A oISTAIICE OP 1)21.00 PIET, Tabus IMRIE 00.00' EAST A DISTANCE or 1500.06 TEST, TNEMet .DUTY
IS'IS' PANT A DISTANCE OF 1271,00 PEET' TMtMCE LETS 00.00' WEST A DISTANCE Op 1116,60 PEET;
TRSNCE SOOTS S2•13' NAST A DISTANCE OF 651.00 PRMI TRIEM.t SWF 00'00' WEST A DISTANCE Orr 60.00
net TO THE POINT OF ACINNIIC. COMMITTING 44.17 ACRES NOES OR LASS. AND.
fMCEL ■. A CONTINUOUS STAIN, Or LAND 30.00 RNT VIDE rlOM.TER NORTNCNLT LINE Or SAID EEOWI.A
TO at [SWIRLIER Of TAI 'ORAL KIWI DISCS'. SAID SIAMP OF LAND AMC 15.00 Fen. ELTALI SIDE OF A
CENTERLINE DElCRIAND AS POTSANS, COMMENCING AT THE SOOTNEAJT CORNER or SAID SECTION IT TEEHCN
SUNS 6)'11' WEST A DISTANCE Or 121.00 'Geri TIEIICA METE 00.00' EAST A DISTANCE Of 1500.00 PEET.
alma NOME •l•35' VLIT A D2STANCS Or 721.00 TEST TO TNT POINT OP BEGINNING, TKIICE MOATS
0)'70'71• SETT A DISTANCE OF 1112.00 fat MORE OA LW TO ?XI CINTEALINE OF SAID 'COAL LItGR
DITCH' AND TES POINT 01 TIFAXINUt, CONTAINING .59 ACRE! NOSE 06 LESS.
N) 111W ADMITS or ANT E,AD AIM [COVETED TO ?ARMS Or TIS SWORD Pall NUT SAID rART,EO Or TEE
SICLND PART ARS SEREST OtASTta A`PflPPTUAL RICNT OP DIE O► PARCEL A AND risc!L A R
DERCNISED IRON
EVE AGMCOLTDAAL LID DRASTIC PORPOS EE`s. 1 Ear a LAKE LOCATED unto. rot'?lung AO NDNTIIO'
KIVILIWAS. NYTNSIC R?NIN CONrAIR D SEAL& R•OUTAA III PARTS'.OP TIM FIRST PART TO CONSTtUCE OR
MAINTAIN PANCEa OR IRIDUS OA OTLfE racencTTn EnOCTUNEA, OM TO MAINTAIN ANY SEMI. Of *ATNR IN
III TAUN LOCATED I EEMCEECEE
IN CONSIDERATION 1$ TEES RAM M OP AGErcuLnJNAL, GRATING. rISNINO AND SUITING PAIVILEGSS. TES
TAATIU Or Tam .an PANT alai ALL RI6NA INCIDENT TiaRETO AND AGUE* TO IWt.0 .wkaLUA TEN }war)
OF TIM PIRA* FART P1N1 ANT AMD ALL CLAIMS OR CAUSES OP ACTION FOR DAMACU AIMED OUT Or,
DIESCTLT OR INDILCTLT. 0R IN ANY VAT ATTRIEITABIN TO. TIE USE OF TIM TARE ASO LAKE SITS NQhIN
MOM) TO TEE PARTY OF TEE ?IAA? PMT,
IOTITSc ENRMI CDNfaIEm AEALL ADTROAII■ THE PARTIES OP TOM 66EOMO PART TO GRANT DA TTTSD
PO"N 111151•G AND EUHTtHc MIVILOCU TO TRIED PARTIES. ,
1. r.S.TOY7, a.. A NIBIRANED LANs EINTSTOR IN TEA MATS ON TMOM �
COLORADO. ITT CSRIri TRH: TIE Ion ANN 1RtSt stlDI1TI0,0 ��yT..yC PiIT.by ; ,
SAWN HMCO UrAR ('OILm FEES A in=ant mutsTED ALIQUOT I. R`>• �II'-'ij'!
1951. I5 R Dar NSYVISI01 AND THAI Mt DNIESTICNS AIG
warmer) MEAN An Ci7001T TO TM DENT Or MT INI�ILmaI. .
T.T 4r ?-0d l.
lyDATIT I
EASEMENT
THIS EASEMENT, granted on the date of February , 2004, between
Don and Linda Owens, 8585 Weld County Road 22, Fort Lupton, CO 80621, Weld County
County, the Grantor, and
The New Coal Ridge Ditch Company, 10879 Weld County Road 17, Longmont, CO 80504,
Weld County, the Grantee.
WITNESSETH, that the Grantor, for and in consideration of the sum of one dollar, paid to the
Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell and convey to the Grantee an easement for the purposes of access to
maintain Grantee's irrigation facilities, over and across the following described parcel of real
property situated in the county of Weld, state of Colorado to wit:
Upon a parcel of land located in the southeast quarter of Section 9, Township 2 North, Range 67
West of the 6th Principle Meridian, Weld County, Colorado, more particularly described as
follows: See attached EXHIBIT A: from the intersection of Weld County Road 19 and
Gloraloma Way, west on Gloraloma Way to where said Way turns south, thence bearing 350.5
degrees on the 30 foot wide trail to the east side of the FRICO underground viaduct(30 feet
wide.) From the west side of said underground viaduct, thence turning approximately 90 degrees
to the south, thence bearing 170.5 degrees along the west side of said underground viaduct on the
30 foot wide trail to the border of Grantee's property. All travel shall be on established roads.
Any travel off established roads or use of tracked vehicles on pavement for the above said
purposes shall be with permission of Grantor only.
This easement is for the benefit of the New Coal Ridge Ditch Company and maintenance of it's
facilities on and adjacent to that land, or any part thereof, situated in Weld County, Colorado, Lot
B of Recorded Exemption 1311-09-4-RE1921, recorded October 3, 1996, in Book 15i-) as
Reception No. 2513889, being part of the SE/4 of Section 9, Township 2 North, Range 67 West
of the 6`h P.M., County of Weld, State of Colorado.
The Grantee agrees to repair and maintain the easement granted herein west of the FRICO
underground viaduct at the cost and expense of the Grantee, and that said Grantee will in no way
hinder or prevent the proper and reasonable use and enjoyment of the property through which the
easement is granted.
Grantor Grantee
STATE OF COLORADO, COUNTY OF WELD
The foregoing instrument was acknowledged before me the day of February , 2004 by
r
From: edpruss@earthlink.net
To: Manuel , John Akolt
Subject: Required Easement
Imo: Jan 21, 2004 3:21 PM
Gentlemen,
Considerable water has gone under the bridge since September when we agreed to meet
at the Harrison Reservoir property to review the language for an easement.
Since so much time has elapsed and we have been unable to meet, I have procured
an easement to meet the County's request. The easement will be coming to you by
Fx.
If it has not been returned, properly signed, by 10 days from now, we will proceed
with other measures.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
489-8002, 800-654-4788x323
449-6969FX
** TX STATUS REPORT ** AS OF JAN 21 '04 15:34 PAGE.01
COLDbJELL BANKER BLDR
DATE TIME TO/-RkOM MODE MIN/SEC PGS CMD4 STATUS
14 01/21 15: 41Q- 570.16. EC--S 00'38" 002 101 OK
Ft 2/ ID
EASEMENT
THIS EASEMENT,granted on the date of January , 2004,between
Farmers Reservoir and Irrigation Company,80 South 27th Ave.,Brighton.CO 80601,Adams
County,the Grantor,and
Don and Linda Owens,8585 Weld County Road,Fort Lupton,CO 80621, Weld County,the
Grantee.
WITNESSETH, that the Grantor, for and in consideration of the suns of one dollar,paid to the
Grantor by the Grantee,the receipt and sufficiency of which is hereby acknowledged,does
hereby grant,bargain,sell and conyey to the Grantee an easement for the purposes of access,
utility lines etc.,drainage and for any use whatsoever,over and acrost.the following described
parcel of real property situated in the County of Weld,state of Colorado to wit:
A parcel of land located in the southeast quarter of Section.9,Township 2 North,Range 67 West
of the 6th Principle Meridian,Weld County,t<olorado1 more particularly described as follows:
Parcel B of attached map(Exhibit 1),a contine.on5 strip of land 30.0 feet wide from the northerly
line of described parcel A trending NNW,ao'the centerline of the"Coal Ridge Ditch,"said strip
of land being 15.0 feet either side of aceinerline' escribed as follows: commencing at the
southeast corner of said Section 9thence north 89degrees 35' west a distance 921.0 feet;thence
north 00 degrees 00' east a distance of 1500.0 feet,thence north 89 degrees 35' west a distance
of 729 feet to the point of beginning(P.O.B.,)thence north 09 degrees 20' 38"west a distance of
1112.0 ceet more or,less to the centerline of said"Coal Ridge Ditch"and the point of terminus,
containing .8 acres,more or less.
This easement is for the benefit of and appurtenant to that larid.or any part thereof,situated in
Weld County,Colorado,Lot B of Recorded Exemption 1311-094•RE1921,recorded October 3,
1996,in Book 1570 as Reception No. 2513889,being part of the SE/4 of Section 9,Township 2
North, Range 67 West of the 6th P.M.,County of Weld,State of Colorado, land immediately
adjacent and on both sides(E and W)of above described Parcel B.
The Grantee agrees to repair and maintain the easement granted herein at'the cost and expense of
the Grantee,and that said Grantee will in no way hinder or prevent the proper and reasonable use
and enjoyment of the property through which the easement is granted, in particular the existing
two standpipes and buried pipeline.
Grantor Grantee
STATE OF COLORADO, COUNTY OF WELD
The foregoing instrument was acknowledged before me the day of January,2004 by
https://webmail.pas.earthlink.net/wam/printable.]sp?msgid=3258&x=-1961318952
From: Florenza l @aol.com
To: edpruss@earthlink.net
Subject: Re: Water commissioner
re's: Dec 12, 2003 12:49 PM
Bob Stahl
303-857-0742
I hope that is right.
https://webmail.pas.earthlink.net/wam/printable.]sp'?msgid=657&x=981529859
From: edpruss@earthlink.net
To: John Akolt , Manuel
Subject: Harrison Res.
Dec 8, 2003 8:13 AM
Gentlemen,
What day this week can we meet at Harrison Reservoir as we agreed to do at our Sept .
meeting?
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
Delete Reply I Reply All linline text 2.1 Forward 'Trash J Move
From: edpruss@earthlink.net
To: John Akolt<jakolt@aol.com>, Manuel<manuel@farmersres.com>
Subject: Harrison res.
^Date: Dec 2, 2003 8:46 AM
Gentleman,
I would like to see if we can schedule a meeting as we discussed in September to
review the easements in section 9 before the weather gets bad. I am available this
Thursday after 11AM at the site. Please let me know what time on Thursday works
for you?
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
Printable View I View All Headers I View Email Source Flag Message
+^
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=2876&x=-1829604003
From: edpruss@earthlink.net
To: John Akolt
Subject: Harrison Reservoir
Nov 20, 2003 4:22 PM
Bunn, Well, I didn' t hear back from you so I must assume we must reschedule. The
representatives of the New Coal Ridge Ditch Co. and I had a good meeting today.
We worked out an arrangement to both our advantage. I would like to do the same
thing with FRICO. How about tomorrow, Friday, morning, the earlier the better?
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
re.‘
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=584&x=-1530050960
From: edpruss@earthlink.net
To: Jakolt@aol.com
Subject: Re: Harrison Res.
Nov 19, 2003 2:11 PM
John,
Thanks,
Original Message
From: Jakolt@aol.com
Sent: Nov 19, 2003 10:36 AM
To: edpruss@earthlink.net, Manuel@farmersres.com
Subject: Re: Harrison Res.
I forwarded your email to Manuel who is the one who you need to get the approval from. we are both in a board
meeting at the moment that will not conclude before at least mid-afternoon today.
you will have to check with Manuel's for his calendar to schedule the meeting.
i will bring your email to his attention at noon --
hopefully he will be able to schedule the meeting with you then
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
https://webmail.pas.earthlink.net/wam/printable.]sp?msgid=2862&x=1466679580
From: Jakolt@aol.com
To: edpruss@earthlink.net, Manuel@farmersres.com
Subject: Re: Harrison Res.
Nov 19, 2003 10:36 AM
I forwarded your email to Manuel who is the one who you need to get the approval from. we are both in a board
meeting at the moment that will not conclude before at least mid-afternoon today.
you will have to check with Manuel's for his calendar to schedule the meeting.
i will bring your email to his attention at noon--
hopefully he will be able to schedule the meeting with you then
John
r'�
https://webmail.pas.earthlink.net/wam/printable.jsp?msgid=583&x=-1447947431
From: edpruss@earthlink.net
To: John Akolt
Subject: Harrison Res.
Nov 19, 2003 10:21 AM
John, I will be meeting with the New Coal Ridge Ditch Co. at the reservoir tomorrow
and it would be real convenient if I could schedule a meeting with you to review
our mutual easements the county requests we put in writing either before or after
the meeting with New Coal Ridge.
I could meet you there at either 11 AM, or 3:30 PM.
How about if we get this job done tomorrow since the county requests that we do
it 999999999999999099999999999
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
l0-•
From: Jakolt@aol.com
To: edpruss@earthlink.net,Manuel@farmersres.com
Subject: Re: Harrison Res.
Date: Nov 19, 2003 10:36 AM
I forwarded your email to Manuel who is the one who you need to get the approval from. we are both in a board meeting at the moment that
r^tot conclude before at least mid-afternoon today.
you will have to check with Manuel's for his calendar to schedule the meeting.
i will bring your email to his attention at noon--
hopefully he will be able to schedule the meeting with you then
John
https://webmai I.pas.earthlink.net/wam/printable.j sp?msgid=2800&x=8997563 3
From: edpruss@earthlink.net
To: John Akolt
Subject: Easement delineation
>^ : Nov 13, 2003 10:51 AM
John, I want to check in with you this week to see when we can get together at the
property to review the best locations for easements?
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
e
From: edpruss@earthlink.net
To: John Akolt
Subject: Easement delineation
Date: Nov II, 2003 9:42 AM
John, well, the weather looks better this week, how about your schedule?
Cabout Wed. afternoon?
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
https://webmail.pas.earthlink.net/wam/printable.]sp?msgid=540&x=1473004825
From: edpruss@earthlink.net
To: John Akolt
Subject: Harrison Res.
7c:: Nov 4, 2003 2:19 PM
Mi . Akolt,
Thank you for taking the time to review the county recommendation about easements
on the subject property.
When we finished our meeting, we agreed to meet at the property at our earliest
mutual convenience to layout where the easements would best be. Just after our
meeting, I mailed a map and air photo to your office so that you would have something
on paper.
Early last week I called Mr. Montoya and left a message to see if we could get together.
I have not heard from him. Since the weather looks bad the rest of this week, how
about if we schedule next Monday or Tuesday to meet at the property? We can touch
bases late Friday.
The project manager from King Surveying planned to call you. I hope he has been
able to get in touch with you.
Sincerely,
Ed Pruss, Senior Broker Associate
Yskr personal Real Estate Agent
`dwell Banker Residential Brokerage
S.,o0 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
r^'
https://webmail.pas.earthlink.net/wam/printable.j sp?msgid=477&x=-1016636355
From: edpruss@earthlink.net
To: John Akolt
Subject: Gloraloma Estates
Oct 6, 2003 8:01 AM
John, I haven't heard from you for a while and I know you said you needed to speak
with your GM. I want to see when we can get together to work out a written agreement
with the owners of the parcel in the SE/4 of section 9. As you probably know, we
are going to divide the property into 20+/- lots, and it would be a lot easier to
do this once now rather than do it 20 times with each separate parcel owner.
My next available date besides today, is 16 or 17 Oct.
Sincerely,
Ed Pruss, Senior Broker Associate
Your personal Real Estate Agent
Coldwell Banker Residential Brokerage
3300 28th St
Boulder, CO 80301
303-489-8002, 800-654-4788x323
303-449-6969FX
Att MEMORANDUM
wiikTO: Board of County Commissioners 8/25/04
COLORADO
FROM: Chris Gathman - Planner II Lcs.
SUBJECT: Recommended revisions to PZ-521 resolution
Planning Staff is recommending that the following item be added to the resolution for PZ-521
(should the case be approved):
* Add as condition 5.E: "The applicant shall provide evidence that the requirements of
Sections 'h&-2-60.C.3 & C.5 of the Weld County Code have been met."
19
SERVICE,TEAMWORK,INTEGRITY,QUALITY
1 *"t
•
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CE.R?1FICA.T E
i ^� • r' _
• THE LAST DAY TO POST THE SIGN IS: '51 / 10o`i . THE SIGN SHALL
POSTED ADJACENT TO AND VISIELE FROM A PUBLICLY MAINTAIN ED ROAD RIGHT-OF-WAY. SE
IN THE
EVENT THE PROPERTY BEING CCNSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TC A
PUBLICLY MAINTAINED ROA.D RIGHT-OF-WAY,THE DEPARTMENT CF PLANNING SERVICES SHALL
POST CNE SIGN IN THE MOST PROMINENT PLACE ON THE PROPER.i l AND PCSTA SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUEL r~LY MAINTAINED
ROAD RIGHT-CF-WA.Y. - __
•
•
HE SEE'( ,E=T.c=( LINGER THE PENALTIES -ER R`� -.
F , .IU Y THAT THE SIGN WAS POSTED
_ ON r:�
=RE THF BOARD CF CCUN_f ...: NIMISSIONER'S HEARING ,., .
4Rr5Zk . T.;E SIGN WAS POSTED EY:
PL
.\'v1 S G----)cAvt-ACt-i."---. t'
NAME OF PERSON POSTING SIGN
G�0/�,`0 GL
SIGNATURE FOR PERSON POSTING SIGN
•
STATE CF COLORADO)
s .
COUNTY CF WELD }
•
SUESCRIEEE2 AND SWORN TO ME THIS Q)0 DAY OF L ,;,4,24(•
• _,/ ,‘,_7../(.‘ tiiq
1416
-
NOTARY PUBLIC
MY COMMISSION EXPIRES: /(2 '07)(3'9
..,
..,,_.
THIS FCRIVI SHALL EE PLACED IN THE APPROPRIATE FIE FOR THE ABOVE CASE
}
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- WeldG'm
s uepartmen .f
(„ OFFICE
, AUG 2 4 2004
REG:ill "ED
PICKETT , .
ENGINEERING,INC.. •
August 23,2004 , ` -
Chris Gathman '
Weld County Planning ,
918 10th Street ,
Greeley,Colorado 80631
- RE: Adjustment Prior to Change of Zone Plat -
Gloraloma Estates,PUD
PEI No.02-006 I , -
Dear Mr. Gathman:: .
The above-referenced subdivision is scheduled to be reviewed for change of zone (#521) by the Board of
County Commissioners on Wednesday, August25; 2004. This proposed subdivision, Gloraloma Estates, •
is located in the Southeast Quarter of Section 9, Township 2 North, Range 67 West of the 6th P.M., Weld
County, Colorado. Assuming that the Board of County Commissioners gives their approval for the
change of,zone application,the property owners'would like to make a minor modification to the change of
zone plat; prior to the plat being recorded. ,
Currently, the plat layout shows Lot 4 of Block 1 (1.295 ac)located at the northeast corner of the site.
Don and Linda Owens, the property owners, would like to convey that area (Lot 4, Block 1) to their
adjacent property owners, Richard and Cynthia Stalcup. Neither the Owens nor the Stalcups intend for , _
this area to be included in the proposed Gloraloma Estates PUD subdivision. In order to prevent this area
' from being included,the Owens would•like to apply for a subdivision exemption and a lot line adjustment - -
so they can convey this area to the Stalcups prior to recording the change of zone plat. .
We would appreciate it if the Weld County Planning Department would address this proposed plat
modification during the upcoming change of zone hearing in order to have this issue reflected in the
hearing minutes and to determine the County's position on the issue. Thank you for your consideration of "
• this matter; if you have any,questions, please contact me so that we may discuss this proposed.change - ..
prior to the hearing. - ,
Sincerely, . .
PICKETT ENGINEERING,INC. -
•
R. Sean Phipps,PE • :�� , .
Project Manager
RSP/pkg ' .
cc: Ed Pruss, Owners' representative ` ,
808 8th Street --- Greeley, CO.80631 . i ' '
Phone (970) 356-6362 -- Fax(970)356-6486 '
Hello