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Home My WebLink About20041352.tiff MEMORANDUM TO: Clerk to the Board/Board of County Commissioners 4/26/04 COLORADO FROM: Chris Gathman - Planner II c-)_. SUBJECT: Satisfaction of Conditions of Approval for PZ-600 (Distant Thunder PUD) * The Department of Planning Services have reviewed the information submitted by the applicant for PZ-600 (Distant Thunder PUD) and determined that it satisfies conditions of approval 1.A through 1.E of the Planning Commission resolution. This case can therefore be scheduled for a Board of County Commissioners hearing. • SERVICE,TEAMWORK,INTEGRITY,QUALITY 2004-1352 March 5, 2004 Weld County Department of Planning Services 1555 North 17`1' Avenue Greeley, CO 80631 Attention: Chris Gathman, Planner RE: Request for Board of County Commissioners hearing: Distant Thunder P.U.D. The Weld County Planning Department requested the following five (5) items be addressed prior to scheduling the Board of County Commissioners Hearing. Item 1: The applicant shall provide evidence of adequate irrigation water for the watering of proposed landscaping to the Department of Planning Services. The applicant shall also indicate whether or not livestock will be allowed within this subdivision. The applicant has attached a letter verifying the willingness of Central Weld County Water District to rent a temporary meter for the purpose of irrigation to the proposed Distant Thunder P.U.D as mentioned in a letter dated September 9, 2003 to the Department of Planning Services. Again, animals will be allowed within the subdivision. The subdivision will adhere to the Estate Zoning bulk requirements for animal units. One per acre not to exceed eight (8) animal units per lot. This will be enforced by the Distant Thunder covenants. Item 2: The applicant shall sign and record the Annexation Agreement with the City of Dacono. Evidence of such shall be provided to the Department of Planning Services. Attached hereto is the recorded agreement. Item 3: The applicant shall provide sign and record the agreement with Kerr-McGee Rocky Mountain Corporation. Evidence of such shall be provided to the Department of Planning Services. Attached hereto is the recorded agreement. Item 4: The applicant shall provide an agreement with Amoco in regards to their 5O foot easement or provide evidence that an adequate attempt has been made to address their concerns. Evidence of such shall be provided to the Department of Planning Services. Amoco Production Company was bought and split between Duke Energy and KP Kaufman. Duke Energy retained the high pressure gas transmission lines and KP nx 6 Kaufman retained the low pressure gas transmission lines. Transmission lines within the boundary of the proposed Distant Thunder P.U.D. are of the low pressure type and owned by KP Kaufman. The applicant has attempted to open dialog with KP Kaufman many times during the past 2 '/2 years. The applicant hired an attorney in an effort to resolve the situation, but has had no luck. KP Kaufman has simply refused to respond to the applicants repeated correspondence. Item 5: The applicant shall provide an agreement with Public Service in regards to their 75 foot easement or provide that an adequate attempt has been made to address their concerns. Evidence of such shall be provided to the Department of Planning Services. Attached hereto is the response received from EXCEL Energy(owner of the 75-foot Public Service Easement). Additional Items: 1. Please see attached letter from the Dacono Sanitation District for further information and clarification on the proposed sewer trunk. It appears that the Little Dry Creek drainage is approximately 1 %2 miles South of this proposal, therefore it is more than likely that sewer service to this site would even be farther out in the future. In closing we feel that the Planning Departments requests have been met and that this letter, including the attached supporting documents provide evidence of such. Therefore, it is our request that the Planning Department proceed with the scheduling of the Board of County Commissioners hearing for a time as early as possible. Sincerely, 4� n Zadeldel Applicant aWt CENTRAL WELD COUNTY WATER DISTRICT March 18, 2004 Mr. Chris Gathman Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Distant Thunder Subdivision, Section 10, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. Dear Mr. Gathman, This letter is to confirm that the referenced development can purchase bulk water from the District for it's required landscaping. If you have any questions regarding the above, please advise. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JLW/rg 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager 11111 11111 11111 111111 11111 11111 111111II11111111111111 681 3161681 03/15/2004 11:59A Weld County, CO 1 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder AGREEMENT THIS AGREEMENT is made and entered into this // /��i"�day of 2003, by and between JZM, LLC, hereinafter referred to as "Owner," and the CITY F DACONO, a municipal corporation of the State of Colorado, hereinafter referred to as "Dacono" or"City". WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Weld County, Colorado, with a street address of 4200 Weld County Road 19, Ft. Lupton, CO 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 City, 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 is pending under Weld County Case No. S-600; and WHEREAS, as a condition of any such approval, and pursuant to the ICPA, the Owner is obligated to execute an annexation agreement with the City; and WHEREAS, the parties by this agreement desire to set forth their understanding with respect to annexation of the Property to the City; 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. 2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions with respect to annexation of the Property to the City. 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 City of Dacono Municipal Code, development 1 • I111111 111111111111111111111 III 111111 III HI IIII IIII 3161681 03/15/2004 11:59A Weld County, CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 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 City 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 City when requested in writing by the City Council, so long as the Property is eligible for annexation to the City. The Owner will also sign an annexation petition, or a petition for annexation election, when requested by the City Council, and will vote for annexation to the City if an annexation election relating to the Property is held. The City 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. 4. Property to he Annexed. The Property the Owner shall annex to the City pursuant to this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by reference, or such portion thereof as the City 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 City. 5. Failure to Annex: Appointment of Attorney-in-Fact. In the event Owner fails to annex the Property to the City as required by this Agreement the City 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 City Administrator of Dacono 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 City to be necessary for annexation of the Property to the City. The City Administrator shall exercise the powers under this appointment only upon written request of the City Council, 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 City may exercise this power of attorney at any time prior to the expiration of the validity thereof, even if within the four- year waiting period set forth in Paragraph 3. The City may also require annexation of the Property at any time in the event the Property is used for purposes other than a large-lot residential subdivision as the same is proposed or may be approved by Weld County under Case No. S-600. 2 1111111 11111 11111 111111 11111 11111 Ell HMI IIII IIII 3161681 03/15/2004 11:59A Weld County, CO 3 of 7 R 36.00 0 0.00 Steve Moreno Clerk& Recorder 6. 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 City under the terms hereof. 7. Annexation Documents. When requested by the City, Owner shall provide at its expense a legal description, annexation petition, annexation maps, surveys, newspaper publications, and other reports and documents determined by Dacono to be necessary to accomplish the annexation of the Property to the City. Dacono shall prepare the annexation impact report. 8. 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 City of Dacono which is recorded at Reception No. [Reception No of this Agreement will he inserted] of the records of the Weld County Clerk and Recorder. Such Agreement provides that the property platted herein may be annexed to the City of Dacono." 9. T egislative Discretion. The Owner acknowledges that annexation of the Property is subject to the legislative discretion of the City Council of the City of Dacono. Nothing in this Agreement is intended or shall be construed to require the City to annex the Property or to initiate any annexation proceedings relating to the Property. 10. No Other Annexation. Under no circumstances shall the Property be annexed to another municipality without the prior written permission of the City Council, which may be granted or denied in the sole and absolute discretion of the City. 11. Covenants to Run with I and/Binding Effect. 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 City, and their respective heirs, transferees, successors, and assigns. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. 12. No Repeal of Taws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants. 13. Severability. 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. 3 HBO 11111 �� 111111 �� 11111111111III1111111111111 3161681 03/15/2004 11:59A Weld County, CO r 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 14. 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. 15. Amendment. This Agreement may be amended only by mutual agreement of the City 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 all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. 16. Entire 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. 17. 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. 18. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such City ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 19. 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 City: City of Dacono 512 Cherry Street P.O. Box 186 Dacono, CO 80514 4 1111111111111111111111111111111111111III1111111111111 3161681 03/15/2004 11:59A Weld County, CO 5 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder With copy to: Light, Harrington&Dawes, P.C. 1512 Larimer Street,#550 Denver, CO 80202 Notice to Owner: JZM, LLC 4200 Weld County Road 19 Ft. Lupton, CO 80621 20. Governing l.aw. 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. 21. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY OF DACONO By: o (L,a(I ( _._, GtiG )�.i' Wade Carlson, Mayor ATTEST: l tLLrl�1. (ttitis t Nancy jElliott, City Clerk 5 MID 11111 11111 111111 11111111 HO III 11111 IIII IIII 3161681 03/15/2004 11:59A Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder OWNER: JZM, LLC ByG7teonn 1� por� o Zadel, ager ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF i(',2x„,i2 ) The above and foregoing signature of John Zadel as Manager of JZM, LLC was subscribed and sworn to before me this_ / day of g7CGd_ra. 77, Witness my hand and official seal. My commission expires on: 'T""' C: z{�-C,- �� (SEAL) LiXt7447C-eltadf [— • 08/112003 2 56 PM[Uhl F\Company Shared Folders\Dacono1AnnoN.gmtnZadel doc 6 1111111 11111 11111 111111 11111 11111 111111II11111111111111 3161681 03/15/2004 11:59A Weld County, CO 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description N } SWi SECTION 10, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. 7 1 I;:;II 111111111111111(111111111111111111101!'"Il IIII 3076604 06/24/2003 04:58P Weld County, CO 1 of 13 R 66.00 0 0.00 Steve Moreno Clerk b Recorder I . SURFACE USE AGREEMENT This Surface Use Agreement("Agreement')is made this 304hday of April, 2003,and is between KERR-McGEE ROCKY MOUNTAIN CORPORATION ("KMRMC", a Delaware corporation, successor to HS Resources, Inc. and KERR-McGEE GATHERING,LLC ("KMG"), formerly known as HS Gathering, LLC., both with an address of 1999 Broadway, Suite 3600, Denver,CO 80202,and NORTHERN COLORADO CONSTRUCTORS,INC.(Referred to herein as"Surface Owner"),with an address of 9075 Weld County Road 19,Fort Lupton,CO 80621. A. Surface Owner owns a parcel of land located in the E/2SE/4 of Section 24, Township 2 North, Range 67 West, Weld County, Colorado ("Property"), more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. Surface Owner is subject to the rights of'the oil and gas mineral estate of which a portion of the oil and gas leasehold is now owned by KMRMC; C. Surface Owner will apply for and obtain mining permits for a sand and gravel mining and processing operation known as the"NCCI Pit#1" ("Mine"); D. KMItMC currently operates the William E. Gee Gas Unit#2 well("Existing Well") and associated production equipment located on the Property has the right to deepen,recomplete or rework the Existing Well and drill new wells on the Property ("Future Wells"). E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and KMRMC's operation and development of its oil and gas leasehold estate. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. OIL AND GAS OPERATION AREAS RESERVED. Surface Owner shall provide KMRMC no less than a 300 X 350 foot area around the Existing Well ("Oil and Gas Operation Area") as described on Exhibit A attached hereto for the Existing Well and for any operations conducted by KMRMC in connection with the Existing Well, including, but not limited to, lease operating activities, workovers, well deepenings,recompletions and fracturing. 1111111111111111111��EIIII11111111II111IIIVIII1111IIII 3076604 06124/2003 04:50P Weld County, CD • 2 of 13 R 66.00 D 0.00 Stove Moreno Clerk& Recorder 2. FUTURE WELL LOCATIONS. KMRMC shall have the right to drill Future Wells (including horizontal and directional wells that produce from and drain the Property and lands other than the Property) at any locations within any of the Oil and Gas Operation Areas shown on Exhibit A attached hereto, so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission("COGCC"). ICMRMC shall not otherwise have the right to drill Future Wells on the Property. Within 30 days of notice from KMRMC, Surface Owner will accommodate any KMRMC request to remove,relocate,or back-fill any area KMRMC requires for the access to and/or the use of any Oil and Gas Operation Area shown on Exhibit"A"attached hereto. 3. ACCESS. a. Surface Owner shall at all times provide to KMRMC no less than a 20 foot wide easement for access to all of the Oil and Gas Operation Areas. KMRMC shall maintain access roads at its sole cost during the period of time that KMRMC conducts operations on the Property using such access. b. Access to any Oil and Gas Operation Area may be changed by mutual agreement of Surface Owner and KMRMC provided, however, all costs and expenses of the relocation shall be borne by the party requesting the change. c. Surface Owner shall maintain and keep any access jointly used by Surface Owner and KMRMC in good condition and repair;however,if KMRMC causes damage to a road, KMRMC agrees to promptly repair any damage which it caused which is a direct result of its use of the road. Neither KMRMC, nor Surface Owner shall unreasonably interfere with the use by the other party of access roads. d. Surface Owner will not allow any extraction or fill, using as a baseline the surface of the original ground as of the date of this Agreement,within a radius of 150 feet from the center of any wellhead,without first submitting in writing to KMRMC 60 days prior to beginning such activity a plan acceptable to KMRMC for interim emergency procedures to include satisfactory access of a workover rig and emergency vehicles. Upon conclusion of the extraction, Surface Owner will fill and level the affected Oil and Gas Operation Area within no less than a 350 foot X 300 foot area of the wellhead. In no event chill Surface Owner mine within 80 feet of any wellhead or 50 feet of any production equipment, such as oil storage tanks and separators. 11111)11111111111111111111g 11111111111111 111111111 1111 3076604 06/2412003 04:50P Weld County, CO 3. of 13 R 66.00 0 0.00 Steve Moreno Clerk&Recorder 4. BATTERIES AND EQUIPMENT (PRODUCTION FACILITIES). KMRMC shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of any Existing or Future Wells within any of the Oil and Gas Operation Areas shown on Exhibit A. 5. FLOWLINES AND PIPELINES. a. KMRMC and KMG shall have the right to lay flowlines and pipelines, which to the extent possible will be located under access roads to the Oil and Gas Operations Areas. All pipelines shall be located at a surface depth of approximately 48 inches from the final graded elevation. Flowlines,which are defined es those lines which carry water or hydrocarbons from the wellhead to a production unit (such as a separator),shall be buried to a surface depth of at least 48 inches. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of KMRMC or its gas purchaser. b. Surface Owner will not allow any extraction to occur, commencing at the surface of the original ground, closer than 25 feet from any flowline or pipeline. c. Surface Owner shall not allow any stockpile of soil exceeding 5 feet in depth to be placed over any flowline or pipeline. d. When crossing pipelines or flowines with heavy equipment, like earth moving equipment, Surface Owner will maintain a minimum of four foot and a maximum of 6 foot of dirt coverage, in addition to the existing cover over the pipeline. When crossing pipelines or flowlines with trucks and lighter equipment, Surface Owner will maintain a minimum of two foot and a maximum of 6 foot of dirt coverage,to the existing cover over the pipeline or flowline. e. The depth of cover over the pipelines or flowlines shall not be reduced or drainage altered without KMG's written approval. f. Any utility crossing must be a minimum of 18"inches beneath pipelines or flowlines. g. Parallel utilities must maintain a minimum of ten foot separation,unless KMG or KMRMC grants a lesser distance of separation. Surface Owner will request that all utility companies contact KMG and/or KMRMC prior to laying lines parallel to any pipeline or flowline. I11111!11111111111111111 li11111111111111111111111111111 3076604 06/2412003 04;SSP Weld County, CO • 4 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder h. Construction of any permanent structure with KMG's pipeline easement is not permitted. i. Planting of trees and shrubs is not permitted on KMG's pipeline easement. j. A foreign pipeline shall not run parallel to KMG's pipelines within KMG's easement without written permission from KMG. k. Surface Owner shall understand that KMG,per federal law,must mark the routing of its underground facilities with aboveground pipeline markers and maintain those markers. Markers will be installed, and maintained, at every point the pipeline route changes direction and adequate markers will be installed,and maintained,on straight sections of pipeline to insure the safety of the public,contractors,KMG personnel and KMG facilities. 1. In the event that Surface Owner does not maintain the above standards or damages any KMG pipelines,KMRMC flowlines,or other KMG facilities,while conducting its mining operations, Surface Owner shall reimburse KMG and/or KMRMC for the cost of relocation, replacement or repair. 6. NOTICE OF OPERATIONS. KMRMC shall provide at least seven days' prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on any Wells; provided, however, that KMRMC shall provide at least 30 days' prior written notice to Surface Owner of the initial drilling of any Future Wells. Regardless of the foregoing notice requirements, KMRMC shall have immediate access to any Oil and Gas Operation Area in the event of an emergency. The Notification shall describe the following: a. The proposed starting date of the proposed activity; b. The proposed operations to be performed at the site; and c. The approximate duration of the proposed activities. Not less than five working days prior to KMRMC's mobilization on the applicable Oil and Gas Operation Areas, either KMRMC or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to inform Surface Owner of the expected activity and to coordinate site access,hazards, barricades,or any other issues. 1111111111(1111111111111111111111111111111011111111III 5 of 13 04 061202003 0080 0,00S SteveP MorenoeCle C0 rk& Recorder 7. NOTICE TO FUTURE PROPERTY OWNERS. Surface Owner shall furnish all buyers of the Property with a plat or map showing the access roads,Oil and Gas Operation Areas,production facilities and other related facilities. In addition,the Surface Owner shall provide notice to all builders, homeowners and other buyers of any portion of the Property from Surface Owner that: a. There maybe ongoing oil and gas operations and production within the Oil and Gas Operation Areas on the surface of the Property; b. There may be additional Wells drilled within any of the Oil and Gas Operation Areas; and c. Purchase of portions of the Surface Owner's property, as successors in interest to the Surface Owner, will be acquiring all of the Surface Owner's rights under this Agreement and assuming these obligations undertaken by the Surface Owner pursuant to this Agreement, including, but not limited to, the waiver provisions provided in Section 9 below. 8, DRILLING AN) COMPLETION OPERATIONS. KMRMC shall endeavor to diligently pursue any actual drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. KMRMC shall conduct its operations in compliance with the provisions of the rules and regulations of the COGCC set forth in Rule 603,subject to the setback waivers provided in Section 9 below. 9. SETBACK REQUIREMENTS. Surface Owner will not locate inhabited buildings within 50 feet from any of the Oil and Gas Operation Areas. Since Future Wells may be located at any location within any Oil and Gas Operation Area,Surface Owner waives the 150-foot setback requirement provided in Rule 603 a. (2)of the COGCC rules and regulations insofar as subsequent development may create new surface property lines within 150 feet of any Oil and Gas Operation Area. In the event the high density area rules become applicable to any Future Wells, Surface Owner also waives the high density set back requirements in Rule 603 b. of the COGCC rules and regulations. The waivers provided herein shall be binding upon the successors and assigns of Surface Owner and shall benefit KMRMC,its successors and assigns under the existing oil and gas leasehold estate. 1111111111111)11111 ill IIII 111111 III IIIII III! IIII 3078604 06/24/2003 04:5W Weld County, CO 6 of 13 R 66.00 D 0.00 Steve Moreno Clerk 8 Recorder 10. DEVELOPMENT PLANS. Surface Owner has provided herewith copies of the proposed Pre-Mining Plan, Mining Plan and Reclamation Plan. ICMRMC acknowledges receipt of said Plans and has no objections to said Plans as submitted. This acceptance by KMRMC in no way waives KMRMC's rights in this agreement or obligations of Surface Owner under the terms of this agreement. Surface Owner acknowledges that KMRMC may conduct oil and gas activities within the applicable Oil and Gas Operation Areas provided herein and neither shall oppose ICMRMC before any agency or governmental proceeding if such oil and gas activities are proposed and carried out in accordance with the terms of this Agreement. 11. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. a. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b. Except as to claims arising out of pollution or environmental damage(which claims are governed by Section 12 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for alt liability arising out of those losses, claims, damages,demands, suits,causes of action,fines,penalties,expenses and liabilities, including without limitation attorneys'fees and other costs associated therewith(all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's Ownership or operations on the Property, no matter when asserted,subject to applicable statutes of limitations. Each party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement,nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c. KMRMC shall not permit any liens to be filed on or otherwise attach to, the Property,and in the event any such liens are filed by a person pursuant to any statute or any lien attaches by operation of law or otherwise, KMRMC shall take all necessary action, at its sole cost and expense, to have such lien discharged and released as promptly as practicable,except that KMRMC shall have the right to file an operator's lien against other Owners of the oil and gas leasehold interest to recover amounts owed to KMRMC; and 111111IIIII 4j2oo flb, X5'11111111111 fift�II f111►11I 7 o 613 R 66.00 D 0.00 Steve Moreno Dle DO 8 Recorder d. Upon the assignment or conveyance of a party's entire interests in the Property,that party shall be released from its indemnification in Section 11.6 above, for all actions or occurrences happening after the assignment or conveyance. 12. ENVIRONMENTAL INDEMNITY. a. The provisions of Section 11 above,except for Section 11.a.,shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 11.a. above; b. "Environmental Claims"shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs. fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by governmental bodies or other third parties; c. "Environmental Laws"shall mean any laws,regulations,rules,ordinances,or other of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended(42 U.S.C. §9601 er seq.), the Resource Conservation and Recovery Act of 1976(42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 se .), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), The Hazardous Material Transportation act (49 U.S.C. §§ 1801 er seq.), The Clear Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and d. "Environmental Indemnification." KMRMC shall fully protect, indemnify, and hold harmless Surface Owner and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of its ownership and operation of the applicable Oil and Gas Operation Areas. Surface Owner shall fully protect, indemnify and hold harmless KMRMC from any and ail Environment Claims relating to the Property that arise out of their development of the Property. iiiti lug[mull uhIi uo uiu uii�ui inI iiu u i 8 of 13 ft 56.00 p 0.00�Steve Moreno Cle C0 rk& Recorder 13. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts for which the indemnified party may legally recoup from other third party owners without judicial process, 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. 14. 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 11 or 12 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 patty, including a copy of the Claim(if it was a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within one month 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 and no later than three calendar months after receipt of the Claim by the indemnified party. 15. REPRESENTATIONS. The parties represent to one another that each one has the full right and authority to enter into this Agreement. KMRMC does not represent that it has rights to settle matters for the mineral owners in the Property. KMRMC only has rights as a mineral lessee and this Agreement only pertains to such rights as KMRMC may bold. 16. SUCCESSORS. The terns, covenants, and conditions hereof shall bee binding upon and shall inure to the benefit of the parties and their respective successors and assigns;provided,as to KMRMC, successors and assigns shall be deemed limited to lessees under the oil and gas lease which KMRMC owns. The rights and obligations provided in this agreement shall benefit and burden Surface Owner,its successors and assigns. 17. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KMRMC's leasehold estate expires or is terminated, and KMRMC has plugged and abandoned all Wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations. When this 1111111 1111,111111 II I1,11111I�►'it II II 11111111111 III 11111 1111 I I I I 3076604 06 412003 04:68P Weld County, CO 9 of 13 R 66.00 D 0.00 Steve Moreno Clerk&Recorder Agreement ceases to be in full force and effect,the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 18. FORCE MAJEURE. 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 shall 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, blockages, insurrections, riots, epidemics, landslides, lightening,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 of govertunental 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. 19. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid,addressed to each of the following; If to KMRMC: Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver,CO 80202 Attention: Director of Lands Denver Basin If to Surface Owner: Northern Colorado Constructors,Inc. Atm: Mr. John Zadel 9075 Weld County Road 19 Fort Lupton,CO 80621 Any party may, by written notice so delivered to the other parties, change the address or individual to which deliver shall thereafter be made. MOM 111111111111 iilll!III 11111111111111111111 111 till 3076604 06/2412003 04:SSP Weld County, CO 10 of 13 R 66.00 D 0.00 Steve Moreno Clerk&Recorder • 20. WAIVER OF SURFACE DAMAGE PAYMENTS. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or local regulation, state statue, common law or prior agreement for each and every well and related wellsite that is drilled within the Oil and Gas Operation Areas and for each production facility. KMG may provide a copy of this Agreement to the COGCC or to any local jurisdiction,person or entity or any court of law as evidence of this waiver.The term "surface damage payments"as used herein shall be given the meaning commonly used in the oil and gas industry. 21. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 18 above,shall be recorded by KMRMC,which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement,or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial rules,and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. 23. APPLICABLE LAW. This Agreement tall be governed by and construed in accordance with the laws of the State of Colorado. 24. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein,and supersedes any previous communications,representations or agreements, whether oral or written. This Agreement shall not be amended, except in written form signed by all parties. The parties have executed this Agreement on the day and year first above written. ICERR-McGEE RO a UNTAIN CORPORATION By: J o ' S P. " •ON A .rney-in- ct • 1111111 110i 1111111 11111 1111 11111 IIIII 11 111111 III 1111 117 of 106/2412003 66.00p 00 Steve(d Moreno Clerk& Recorder KERR-McGEE GATHERING LW a Colorado limited liability company By its Manager Kerr-McGee Mo ►orporation By: James '. Wason Attorn y-in-Fact NORTHERN COLORADO CONSTRUCTORS,INC. By: f, 2,r../et./ "5:11.441 Name - Title: „2, ,1 ACKNOWLEDGEMENTS STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this .?(1 "day of April, 2003, by JAMES P. W: as Attorney-in-Fact for Kerr-McGee Rocky Mountain Corporation, a Delware c•.__..; •. .alf of that corporation. 1 ,r• ..•••ti�1L1 is e� .y •: . . $jt• ' fficiat seal. I aLhLo"4-"maic s STATE �•?• •"Y7•,‘,��,r . �. . 0 ) COCrrUIdI" ° c0oi ) ss. The forego' •_:- cut was acknowledged before me thisday of April, 2003 by JAMES P. W• ._ 19,9-‘.;. in-Fact for Kerr-McGee Rocky Mountain Corporation, its Manager,for e . , e` ,g LLC, a Colorado limited liability company. , . . i. i ;:eal. is"a Li* • My commissi'; • -_ \ .• • o Lary IIYCommkslon Easras 1'Y24P 64 I IIIIII 1!111111111!(1111 Ili!I(III! IIIII III tlllil IN IIli 12 ofp 13 R 600 3 D 00 StevveelMorren Clerk& Recorder STATE OF COLORADO ) COUNTY OF file2< ) The foregoing instrument was aclmow ged before me this O day of April 2003, by %c' 4 ?deaf as /�///!I//,I o/7�, for Northern Colorado Co tors, Inc.,a Colorado corporation,on behalf of that corporation. Witness my hand and official seal. /noáyZ ,• • ," My commission expires: 77///4/496 o= fg. p,a:-:-..- mp ll hill IIIII In 1111111in Milli I'"III ti. - .,,,,r=.A 30766. 06124/2003 04;68P Weld County, CO 13 of 13 R 66,00 0 0.00 Steve Moreno Clerk 8 Recorder • — 1 I I I I I i - -4�—�---_ ----«�ocwn++d...9._1S.--•----- J1 H I _ (� J•k r it it - I I i i I , ' i; \e----z---:::,...7./ 1 --. . it 11 • \ •-• ' I.4# ,, y � I i 11 'II li I _ -_ ---- r I r \\ I ..--m,.. , , iI I; ‘.._,— 1 ir .. _ ._..... i�_._._. — — des Iii I `* . � _ , I i ' ; � i , i II 1 • 1 J ) J I — —a—; II II It' 1I tii ■n..wa.aramnear.---- L: • ' 71O�. t?ta .. //� �J� 'l ^ 11 _c• I , AUG a ii;/1 ATi� v r. ma. _U;9511,5 .m,., h,..,.:., I f 1 S e. . AMOCO 'NOW RIGHT-OF-WAY AGREEMENT I f. w Y F ' Hut AA'D IN C11,A'I ULII AII(1,A' I11 I l It VTl Ill' 7cn - _ —_. J �• Dell!, i5 10.C0 .1 St uokll Earns, Inc ;0....C.' jl ". . Route 1 Cox 391 Fort L ton Colorado ©0621 ,d, 'iceman,:.11r l( . ,r, a r ri o,.as ro„ sta., na.ou s. nret,, newt rrpla,r. 3 steel pipe lines in the same trench '.• ' `' 1 S 2 I r 1 , '. r / t 1 ! el on ti.rr mr throughe n lunar,s mg Q t 1 land of 1 (-pee.. 1 (i n n ft( , • .4i';' r,l „ ih Southwest Quarter (SHl/ ) of Section 10 own h P 1 North,_Range 67 + J - y o of the 6th Principal Meri ian Meld < a , 1 Cm5v r_ l .:. •. t`• ✓a.i _ Sono of__Colorado- _ __ _3333 -__—--.and hereinafter ( n r desc bed to wit 1 'J A. `0foot._I:ide_peroanent ea-aecen't_acress sa.iri_Sniithwe..._Cuarter C57llL'll of arna.10 the ointerl_ne_oL South line cox s d S u west dcsrte (ah1L allows L_ } ,. CeF inmry at also m;.on th^._South line cox said Southwest.1c.?rte^ (SWILL.) o _.._. t `) !q Section 10 a dis nce of 1,060 f net Ea t of the southwest corner of said t ^.� i ' c_ce 0 _ - . ___ - � 'Thence northerly SCu feet, more or 1c to the Point of Teraiwtion�on theu�A.J-4�,_ forth 1 i of sail Southwest Quarter (S1.1./6)_of Sec t:661_10,]0 said Point of 1 erein ion bcint 2,270 root pore or-1c Eat of tic northwest corner o`_ I said Scut n c.,: Quarter (;Hl/u) of 5eston 10 _ — 1 •' `' sr n<- 1 yi. ! <s. a e\,n e and fern ! I. l f 1 1 p s,• and in.i.1,-. t y.., • a' iI ,n lie cx C. h! id Granite of the r I;n s µ.mud 6y II - "A „ • Ty.}1,a shill 1 the slit and trivia he b abed p 'd d h Grantor shall 4 I nor rxr, la ow ond tiaraman, in r manntr•haikill impor in itecrfere.iil.the h C el and of h r [kYY� rnr rights hewn gr. Grantor I ll Curt tons.ruct1.ermit ro tx boil,.creaked iar constructed. 3711 ht ',Hiding A } sods, or (OarI hl r f.kas hcrtin pr.gruel l t•-r .1 lh I h t I 1 ( include, kill and final p and all ~ I I al,a I 1 l 4 cror. h fent,s St.%Sew,. her imprtnrnar ors i.f Grantor rookie:: torn ilkI .ht riklitslisrain b I iltlf I'll; 1....tecno.rion and no inter dinhigts, 1,h l :Mr I Y 1 L`. our.Ix Lelia,thlrbl III Grimmi( h b accepts sael conspdermion in full lq i I OM diiiiap.. and rid,-I ind la rihsGroot( f and fron,Ans add all cosh darn0pdsand ssaisrs thenigh l ,, m foram II,.00nal doolifts in ins k it arising or 1lM.IIIII," fruits rh,- of the rightsbuena h ref .Y '\t w Jx'. L..mc I (- \ I 1,•1 1-, I p r. � L1.1 f i tjiiiiihr fr nu. 1 I .Inman ink.of Grintor itsktook Hotta thsp p. I i I kali trot ill ikon dor vs alio il 1,11, 1 ( F 1,16, f.e .heirgy, rtsoliing 1 •tkp -1 li ' .4•,, k` h tht rikhc 1.1%l‘ (Itf TR,u. Unlit IV r,. .4n.1 broth .,h toe Came, fans nrcaap in .Ie nuts, ..1 I , .Ar. of ,ic rt h. ,1 • + ti ' 11 , 1 n 1 1 i « I ( ldisk,. Ilk erns, • 4 ! ',+ } '1 i. ..}� �� c ,J u. Ip ( I _1111 1 I S 711 1. h I dl panic, ' I fW 4 husk, hid, raeriirt,rs i.lininorritoo kisttssors_ } l Is•ii r ,, E. ill (yho Irrr, ii )1,11C-.1 Il 1 ,m1 ha rile,rd or A,NIV11,1 II , Ie Ur el pot + a CranteQ shells to cvn rocs Pi,Rc line a .ca' the_.-,.r ^nc Wheat C1'0._2_1_0.bax.ye ccd. 1/r a ,." bet . — ' 0 t Q.Z, i'1' • • el EX1 all tD du.. 1_3 -_-. .Ii. . _ ) t _ _ ___ leclic. /. - }. i y t'il SUChl.T. FARPc, INC 'L 1,1 d of — / a� ilic end.ro pied 4.. s.ts _�� t g /� � l rn *I s rtrk S. u(.kid, esrdent O-- I / ,y: V.,F. Edith Suckla, Vice President N n • f 1 ar C - e ti � l t t 3-4' J > ( r a 1,:c nt r y-c-WA`Wj" 91,""n' T _ ' \ d 4(r ei anF �`yS �•d rA� 6a Y�,F st't Y ll iF t� s '1t to i, . oA. _. . t r ,� { ix 1,`�E, a A4. ''v tKtr.S \•J {cr.•i 4' L.. ' 3 JR`Z. ,. A'•{»• 9 + ,:.:-....„,?.,-,..-A,,,,,3 ,,,,,, 5 .� rz» Y r G' •1 Ivaikn .4g, li4�i,. f ;'`+l • ' t: '7:',;:t..., .f°,!'i i n i:fw i �,5' 4 f /t j. i G d aiM+1 Yf .- re' ♦ J •.: / }.. $ Y". W b pp, }�7(� 41 } Fr f. 12'4-k:2 t i y id JF c; T k1. wll ..S /.:dr.2.N.i� ��.ARat+.` �f .t al.':„. .( r t ,1 y a�.r jr^l 1t. 7j J J-.� # T7 w• iY • L �. . :� .+L"� � s r3v y65 �Y �irk Sat 1 ✓• <,.1 r�"� t Iz 1�•ai}t" sF ,3.,,,-;,,,,,e0..}a' tY T�'se- .> -f;>. .\. 1 K)t ... . . . 3333.. . . .va.�e..,,., ..w:.rld v vr., : .!v. •-W ."na'K} i .. Xcel Energsk PUBLIC SERVICE COMPANY FAX TRANSMISSION DATE: March 1, 2004 TO: Jarvis Fosdick, Intermill Land Surveying, Inc. TELEPHONE NO: (970)669-0516 FAX NO: (970)635-9775 FROM: Doug Dalton TELEPHONE NO: (970)395-1229 FAX NO: (970)395-1224 SUBJECT: PZ-600 Zone Change Plat For Distant Thunder P.U.O.) NUMBER OF PAGES(INCLUDING COVER SHEET): 3 MESSAGE OR SPECIAL INSTRUCTIONS: Janis, Attached is the letter and a map showing what I believe is the planned area. Please review and let me know it this is not the correct location. Otherwise, you should be able to give the letter to the developer who will in-turn give to Weld County. Thank you for the opportunity to review this project prior to the Utility Board hearing. Doug XcelEnergy9M PUBLIC SERVICE COMPANY 15006th Aeenas Greeley.Colorado 80631 March 3, 2004 Planner Weld County Planning and Zoning Department 1555 N 17'"Ave. Greeley, CO 12345 Re: Referral Response for(P2-600 Distant Thunder P.U.D) Dear Planner Public Service Company of Colorado (PSCo)has reviewed the development plans for Zone Change Plat For Distant Thunder P.U.D To ensure that adequate utility easements are available within this development, PSCo requests that the bfowina dedication language, or plat note, be placed on the prelirninaryand final plats for the subdivision: Twenty(20)foot wide utility easements are hereby granted on private property adjacent to the perimeter of the platted area, Fifteen(15)front and rear lot lines of each lot in the subdivision or platted area and Ten(10)foot on each side of side lot lines These easements are dedicated for the Installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. PSCo also requests that these utilltyeasements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majorityof utilities to be instalied in the subdivision, some additional easements maybe required as planning and building progresses. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to construction If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at 1500 lief Ave. in Greeley, regarding the use or relocation ofthese facilities. There is a 75 foot PSCo Gas Transmission easement in the proposed open space. If anything changes as to use of property PSCo Campion office shall also be notified at(970) 225-7853. If you have any questions about this referral response. please contact me at 395-1229. Thank u, / � oug . Dalton joy Project Land Rights gent Weld.Single-family '�° P.U.D.INVESTIGATION NO.2004.0e2 DISTANT THUNDER PART OF THE S 1/2 OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO ov It cn 7S`PSCo ;P/ 1< E.int Lr. Weld County Department of Planning Service Request Developer to have an agreement with PSCo on any easement concerns There seems to be no PSCo concerns, as N access to easement is shown on the Zone Scat As≤hews Change Plat. DWL C3;U1,ul ?A. (:T rl'_ —.viE 01 9 ', I I ♦ • 1� dttzy2�6 U a ;xxu If-IyYI P-S R ABC Id f'niullc f'U I o.: k ,it /`IS rIJ: ill' It; I ()I �4/I11�a1 in: ,F Itrcnlrlf•r � KF!' rxx Public Service® on Public Service Company or Geloredo Doc. No. 158469 Plat No. EASEMENT For and in consideration of TEN ($10,00) DOLLARS and other good and valuable consideration In hand paid,the o receipt of which is hereby acknowledged.the undersigned Grantor(s)hereby grant(s)and convey(s)to Public Service A E Company of Colorado. a Colorado corporation, Grantee, an easement seventy-five (75) feet In width, to Install, °2 construct, maintain, alter, repair, replace, reconstruct,operate end remove pipelines and related appurtenances, F fixtures,or devices for the transportation of gas or oil,and associated communication facilities, on, under,over or through the following described lands of the Grantor, situate in the West Hall(W1)of Section Ton(10),Township 1 North,Range 67 West,of the 6th P.M.,in the - - County of Weld, State of Colorado. more particularly described In Book 677,Reception No. 1599109,of the off:clal records of the County of Weld, State of Colorado The location of the easement Is described as follows,to-wit See Exhibit A. attached hereto, and by this reference made a part of this Easement. . The easement encompasses a continuous strip of land 75 fent in width at all points on the property crossed by the above-described location and extending to the boundaries of the adjacent property. Lr• _ The Grantor(s) reserves) the right to cultivate, use and occupy said premises Inc any purpose consistent with the rights and privileges herein granted and which will not Interfere with or endanger any of the facilities therein or use thereof.Such reservation by the Grantor(s)shall in no event include the right to construct any buildings or structures, i to Impound any caster,or:o plant any trees or shrubs upon the easement. The Grantee,at all times,slidhave the .I o right of aconss by a reasonable route to the easement and along and upon the same for the purposes hereof,which r < include surveying,Inspection and testing.Grantee shall pay Grantors)for actual dal pages to land and growing crops a occasioned by any future Installations,construction,maintenance,alteration,repairing,replacing,reconstruction,end m d removal of facilities on the easement. This easement is further subject to the provisions of Addendum A.attached hereto,and by this reference made a port hereof. To have and to hold the said easement unto the said Grantee,its successors and assigns,so long as the same shall bo used or useful for the purposes of the Grantee Executed by Grantor(s) this \1/41day of �•\v.��:..c.y \ . 19_ GRANTOR: I ATTEST' ,{ SUCKLA FARMS, INC., a Colorado Corporation 1 �iil e7R,-.4 f^ / Edith C. Suckla, Secretary BY: I /4r Po STATE GI Frank J. Suckla, Pro deal QJo �cipttoawo ) e COL)p(l'�OF Watt ss t `` f'l`y _ t. e the Iriregoing instrument was acknowledged before me this \\, day of , I93j by Frank J.Suckla, as President of Suckla Farols Inc., u Colorado Corporation/11 ,!I O �`!T�T�OFC"J\„^ru NO Y PUBLIC • . `i\ , `rrv&e,.-S, 0 o ADDRESS `A0-3., C^xr. S:).--4t__ \nw\.....\ Cis 2cn'�-1 V W,� 4 y M commission expires u-\ / % '\S Witness my hand and official seal. / rum.r11 1N 10I We II'Yl>ent tfl.NAY LEMAS i I •'-�_ ^ 1 \ I 44 1 ''. Y • " i. {1� t I I I f p ) F ( 1 V ♦ 1 _ I 1�•s I y _'-'VII II-IJY I I'-•II II!/1. / 111:111' I,'. ' (11 I � I1�1111 PI-I nJ„ 1.1d. F::'I! I II r,- (III4( tmr,"•II'Iv,I4 tI;t.u,l , f I FI„t "•1-( I,i.I WpIIi ' '•�"^' °+�."o.n ,IIII,144,Illvl• I'\\I III11 '_I.'1111 "-,14" 3 I..,.L•,npr �•I LEGAL DESCRIPTION - SUCKLA FARMS, INC. .1 ,. 1..1.•,,.4 I,II '\ A75.00 FOOT EASEMENT OVER AND ACROSS THE EAST 75.00 FEET O'Fmt-i liggt'dWt ": '"" •,I HALF OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING 25.00 FEET EASTERLY OF AND 50.00 FEET WESTERLY OF THE FOLLOWING LINE \0DITIONALLY DESCRIBED AS FOLLOWS • BASIS OF BEARINGS: A LINE BETWEEN THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 10 BEING MONUMENTED BY A NO. 6 REBAR WITH A 2 112" METAL CAP LS NO. 28656 AND THE NORTH • ONE-QUARTER CORNER OF SAID SECTION 10 BEING MONUMENTED BY A NO. 6 REBAR WITH A 2 DIAMETER 1 METAL CAP LS NO. 25937 HAVING A BEARING OF N00.26'28"W. e.. F COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 10, THENCE S89.30'50'W A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING: THENCE ' i`; N00.26'28'W A DISTANCE OF 5,286.98 FEET TO THE POINT OF TERMINUS FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 10 BEARS N89.12'5.4 E. ,I LEGAL DESCRIPTION STATEMENT sl I, ELDON R. STRONG,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, .'I DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. . • EL STRO EGI T RE €� Ff� RKYr(Z ,. ' COLORADO NO. 13258 �-\ 4.••{`61S7L FOR AND ON BEHALF OF JR ENGINE RI ilb, LTD aF 0 13258 NOTE THIS LEGAL DESCRIPTION.-pOES NQT/REPRESENT A MONUMENTED SURVEY PLAT. Y • • • � I I . eE' J( e ti j • 1 !;. 1 29?'1:an H-laRi 1'-S 11 02/24/95 na: 1)I' Il} J (lF 1 .. ADDENDUM A Forming a part of the Easement Agreement between Suckle Farms, Inc. , a Colorado Corporation and Public Service Company of Colorado DEPTH OF PIPELINE: The 24 inch natural gas pipeline to be installed at a depth of 48 inches from top of pipe to surface; TRENCHING: All topsoils will be segregated during excavation to insure that the topsoils are returned to the top of the excavation or trench; RESTORATION: After conpletion of pipeline construction, all compacted areas will be ripped to a depth of 12 inches or to the lowest point of cultivation and leveled; CLEAN-UP: All foreign material and trash brought onto right of way during construction will be hauled away to an approved landfill; FIRE DANGER: All welding trucks will have fire extinguishers readily available during pipeline construction. ACCESS: It is agreed by ti.e parties hereto that Grantor hereby reserves the right of ingress and egress across the hereinabove described easement at all times, including the right to construct, - � : use, and maintain road(s) across said easement and the Grantee has the responsibility of installing the gas lines so not to be damaged by said surface traffic. Grantor further agrees to provide Grantee with a reasonably timely notice prior to construction of any road(s) across said easement. . r ' LANDSCAPING: Grantor reserves the right to install berms and sod landscaping within the easement area. •• E:PSCO\c33w4\DOCS\1udde sdm • . 1. Xcel EnergysM Siting and Land Rights PUBLIC SERVICE COMPANY 55015th Street,Suite 700 Denver,Colorado 80202-4256 September 15, 2003 Telephone:303.571.7799 Facsimile:303.571.7877 Weld County I'i -_. WELD COUNTY PLANNING DEPT. C r 1555 N. 17TH AVE. SEE' ] 7 2003 GREELEY, CO 80631 Re: Distant Thunder(Chris Gathman) LC Public Service Company of Colorado (PSCo) has reviewed the development plans for Distant Thunder. To ensure that adequate utility easements are available within this development, PSCo requests that the following dedication language or plat note, be placed on the preliminary and final plats for the subdivision: Eight-foot(8') wide utility easements are hereby granted on private property adjacent to the front and rear lot lines of each lot in the subdivision or platted area including lots, tracts, parcels and/or open space areas. These easements are dedicated for the installation, maintenance and replacement of electric, gas, television cable, and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said utility easements. PSCo also requests that these utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, additional utility easements may be required as planning and building progresses for this and surrounding developments. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, to have all utilities located prior to construction. if PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303) 425-3867, regarding the use or relocation of these facilities and/or any grading activities on or near these lines. If you have any questions about this referral response, please contact me at (303) 571-7735. Than You, Kat n Ba Contract Right-of-Way Processor DACONO SANITATION DISTRICI 217 4TH ST., P.O. BOX 204 DACONO, CO 80514 (303) 833-2206 FAX: (303) 8334701 February 25, 2004 Mr. John Zadel 4200 Weld County Road 19 Fort Lupton, CO 80621 Re: Sanitary Sewer Service Dear Mr. Zadel, This is in reply to your telephone inquiry of February 16, 2004 regarding service to your property comprising the South 1/2,Section 10,TIN, R67W. This District is working with the City of Dacono to finance a major sewer trunk and interceptor line to serve the Little Dry Creek drainage south of Highway 52 and west of Weld County Road 13. There remain several critical agreements to be negotiated before the District can commence design, easement acquisition and construction. Our goal is to have this line completed by the end of 2005. Based on USGS Contours, it appears that the west 40% of your property can be served by this line. The eastern 60% drains east to the South Platte. Lastly, should you be considering the interim use of Individual Sewage Disposal Systems (ISDS), please be advised that is District policy to require connection to its system when properties come within 400 feet of its lines. Sincerely yours, DACONO SANITATION DISTRICT Robert C. Renner, Vice- Pres' ent MEMORANDUM whileTO: Board of County Commissioners 6/2/04 COLORADO FROM: Chris Gathman - Planner II SUBJECT: Request for continuance of Case # PZ-600 (Distant Thunder PUD) Planning staff is requesting that case # PZ-600 be continued until June 23. 2004 in order to meet the 15-day sign posting requirements for this PUD hearing. Planning staff has coordinated with the Clerk to the Board Office regarding available hearing date and the applicant has agreed to this hearing date. SERVICE,TEAMWORK,INTEGRITY.QUALITY EXHIBIT I z 06/01/2004 02: 17 9706359775 INTERMILL LAND SRVY PAGE 01 INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970)669-0516/Fax:(970)635-9775 FAX TRANSMITTAL DATE: June 1,2004 PROJECT NO.: Distant Thunder PUD John Zadel TO: Weld County Planning Department Attn: Chris Gathman Phone No.: (970) 353-6100 Ext. 3540 Fax No.: (970) 304-6498 RE: Distant Thunder PUD WE ARE FAXING YOU: Pages (including cover) THE FOLLOWING ITEMS: Quantity Description: 1 Permission to Continue BCC Hearing (X) For your use ( ) For approval ( ) Reply requested (X) For your files ( )For signature(s) ( ) Please return (X)As requested ( ) For review/comment ( ) Other REMARKS: Dear Chris, This fax is confirmation that the applicant, John Zadel,has no conflict with the Board of County Commissioners hearing being continued to June 23rd, 2004. If you should have any questions, please feel free to call me at (970) 669-0516 Sincerely; INTERMILL LAND SURVEYING,INC. Steve Stencel,LS 30462 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CEFmFICA.;E i • THE LAST DAY TC POST THE SIGN IS: : %.;r‘..5-- ZC c—1 l l '� THE 510-N S'rAl� EE POSTED A.CACENT T C AND V1SIELE FROM A PUI6LICLY MAINTAINED ROAD RIGI;T-CF-WA.Y. iN THE EVENT THE PROPERTY WE NG CONSIDERED FOR A SPECIAL REVIEW IS NC . ..T ADJACENT IC A FUELUCLY MA]N-TA!NED ROAD RIGHT-OF-WAY,THE DErARTMENT OF PLANNING SERVICES SHALE POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPER.""( AND POST SIGN { A.SECOND " AT THE POINT AT WHICH THE .:RIVENAY (ACCESS DRIVE) INTERSECTS A ROAD RIGHT-OF-WAY. �8L. :�Mf,iitiTA.11`!Er - • • 1 . .E. ._=Y CE .,i! •JNGER THE PENA_TIg-. OF i Er�1JRY THAT THE Z.2,;(.2.N PCS _- THE iS - .... . . _:-."J.:,.7: "_� Z. �.:7A. 3E.`O PE 7:E :BOARD OF COL NT „�( 'lMR.iiS ICNER'S •' R.'N: FOR ?Z" . THE SIGN'f•1r.S. POSTED E_ E'.': �11V 1S LCL�L"..1c v� .- NAME OF PERSON PGST:NG SIGN AI - SIGNATURE FOR PERSON =CST:NG SIGN _ATE r. _� jc.J. COL. ( OP WELD ) x_4(14 -SUESORIEED AND SWORN TO ME THISA.3 c,„.., °F. ,:: 1\,_ (�.,,,;!/t , _,_,, / < :�:CI� ((lv. _ NOTARY PUBLIC ,/ MY COMMISSION `EXFIRES: C '6..- - rk • . - _____. THIS • _RrM Si fAL!EE Pr .CE iN THE APPROPRIATE FIE FOR THE.AEC',iE CASE. • ,AO f .i '' F �S --w �NOTiCE fit A 'r PUBLIC 'SEARING CONCERNING e ae*t TN S PROPERTY WILL 13 fix $ a�-;-„', s ', 1bRkh. *„. ,ct �T y y , ;. -z� ..m- .... v. . '. L:- . r '' yxx.y. WF iv' ..w as.''. ..s - f ` tom* 1[ - 'Mile ` �' ' ',_ ,, . r S <FOR MORE INFORMATION CALL • 4 ,Z ; 4 � „ , t COUNTY DEPARTMENT O , - ,, ' 4 ', o- I'l P(/L�yjAtiikT�jt,tpiR RV/,IC.E S SAT , .. t,,, . s ' `• f� U�. rx , 590 r:frls.rw .m,t t �� i*.fri F2 .,,� r.,y x , }.,a`s'k-' . ? r.x �, �, vt"e' t ,� '" ,'� Fa a ..„,, ,TM, a5' ; �- '54.. .' ;_ .wif ,�^Q .i i -.. y�,.; '� rr s S rx + fet;w, MEMORANDUM TO: Board of County Commissioners 6/23/04 .41 COLORADO FROM: Chris Gathman - Planner II SUBJECT: Proposed Amendment to the PZ-600 resolution Planning staff is recommending the following amendment to the PZ-600 resolution: * The applicant shall provide a signed and executed agreement with the Dacono Sanitation District to provide sewer service to those !cts which nave not been developed at the time sewer service is available in the Distant Thunder PUD and for any lot on which the septic system fails." m SERVICE,TEAMWORK INTEGRITY.QUALITY Hello