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Home My WebLink About20042092.tiff DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 8 631 COLORADO October 9, 2003 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: PZ-604 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,December 2,2003, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Darrel Adolf FOR: Change of Zone from A(Agricultural)to PUD for five(5)residential lots and one(1)Agricultural outlot. LEGAL DESCRIPTION: Lot C of RE-2940; being part of the NE4 of Section 29, T9N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 102; west of and adjacent to CR 17. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Sheri Lockman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. 2004-2092 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER PZ-604 MINERAL OWNERS& LESSEES RME LAND CORP C/O ANADARKO PETROLEUM CORP ATTN: MANAGER PROPERTY& ROW POB 9149 THE WOODLANDS TX 77387-9147 SURFACE ESTATE&LAND OWNERS BROWN 35 GLEANNLOCK ESTATES DRIVE SPRING TX 77379 EWING 7406 CR 100 WELLINGTON CO 80549 GREBING 3933 SCOTSMOORE DRIVE FORT COLLINS CO 80524 GUARDADO POB 13 WELLINGTON CO 80549 JAGUAR GROUP LLC POB 1313 BROOMFIELD CO 80038 LANGDON 407 NALCOMIS CT FROT COLLINS CO 80524 NEAS 8202 CR 102 NUNN CO 80648 SCHNABEL 7557 CR 100 WELLINGTON CO 80549 SORRENTI POB 273298 FORT COLLINS CO 80527 VOSHEL POB 395 WELLINGTON CO 80549 WEIGEL 50105 CR 17 NUNN CO 80648 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number PZ-604 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 8th day of October, 2003. Dauida Donita May AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE • Property Legal Description: Ici-'.v.a;P CAlcr}h olIZ4•-it- C-) °79 •;It%?.-}h '•1d (eun' I Co Scthotl2T Lots A , & '-t cc- ZEec 'cededtyzmrltow t. . f3`IS3 --2q -i• RE 2.94-O ,AS Pt., #kar man +ken cE '(ecurde r1 Fabryq.,yn, 'Cool LLad4le . e< . Gui..2.828 5s 2, be\n J R ?Or T— Parcel Number ri n Ft 6-t n m_n^® 0 .0 r n (12 digit number-found on Tax.I.D.information,obtainable at the Weld County Assessors Office,or www.co.wetd:co.us). , (Include all lots being included in the application area,If additional space is required,attach an additional sheet) STATE OF COLORADO •) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate Ilst of the names and addresses of all mineral owners and lessees of mineral owners -- on . . or under the parcel of land which Is the subject of the application as their names appear upon the real property . records in the Weld County Clerk and Recorder's Office. / By: !✓all/Lf..t' `^' g Title: OW 4 2 The foregoing Instrument was subscribed and awom to me this d day )� WITNESS my hand and official l seal. �Y My Commission Expires: (V I I Vt� - _ 1\1,4 I Iii.tt Pivi Notary ublic BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO zoo lj DNINNrld cam 8669 60£ OL6 %Vd IZ:9I £0/91/80 AFFIDAVIT OF INTERESTrcAND OWNERS ^ Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 045329000023 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. j[{ Signature / �oc Date Property Owners Within 500 ft. of Parcel# 045329000023 NAME MAILING ADDRESS PARCEL IDENTIFICATION # 35 GLEANNLOCK ESTATES BROWN WARREN R & ARTHUR W JR DR 045321000002 SPRING,TX 77379 7406 WELD COUNTY ROAD EWING GERALD ALLEN & BEVERLY 100 045329300019 WELLINGTON,CO 80549 3933 SCOTSMOORE DR GREBING MARCI 045329000021 FORT COLLINS,CO 80524 PO BOX 13 GUARDADO KENNETH & RONDA & WILLIAM 045320400014 WELLINGTON,CO 80549 P O BOX 1313 JAGUAR GROUP LLC 045329200026 BROOMFIELD,CO 80038 407 NALCOMIS CT LANGDON CHARLES A 045329000022 FORT COLLINS,CO 80524 8202 COUNTY ROAD 102 NEAS EDWIN D & FLORA NANENE 045328000006 NUNN,CO 80648 SCHNABEL LESLEY & 7557 COUNTY RD 100 045329400025 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&P1N=045329000023&Paz l... 8/26/2003 AFFIDAVIT OF INTEREST' LAND OWNERS Page 2 of 2 WELLINGTON,CO 80549 P O BOX 273298 SORRENTI JOHN J & 045328000005 FORT COLLINS,CO 80527 PO BOX 395 VOSHEL GERRIT J & 045328000007 WELLINGTON,CO 80549 50105 WELD CO RD 17 WEIGEL JERRY A 045320400012 NUNN,CO 80648 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=045329000023&Part... 8/26/2003 • /7 l/ MINERAL OWNERS AND LESSEES OF MINERAL INTERESTS Please print or type NAME MAILING ADDRESS CITY/STATE/ZIP RME LI4vb Core ()id Akind4vIto Q-(-rt) icLtnq Cov (br4'# IOIJ T1 woodL4K45 T)4113 - '47 17- goo 9NINNV'Id cam 809 60£ 0L6 %Vd ZZ:9i £0/8T/60 Wages.ie Od rte[0064 SW.Sauteed P.O. $.z 336337 (9701 352-0733 qua* eO 10633-0606 lac (9701351-0167 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Ziegler/Adolf Property) Subject Property: Township 9 North. Ranae 67 West. 6th P.M.. Weld County. CO Section 29: Lots A, B and C of Recorded Exemption No. 0453-29-1- RE2940, as per that map thereof recorded February 27, 2001 under Rec. No. 2828558, being a part of the NE% Minco LLC, an oil and gas title research company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through the indices of Transnation Title Insurance Company of Greeley posted through July 10, 2003: Mineral Owners Mineral Leasehold Owners: RME Land Corp. None do Anadarko Petroleum Corporation P.O. Box 9149 The Woodlands, TX 77387-9147 ATTN: Manager Property and ROW Dated this 24th day of July, 2003. MINCO LLC By: ynthia A. E. ren, CPL C ied Professional Landman#4044 LAND ][IVIIA\GGt1ES, 1[NCC.. Lundseupc.,t,hitcetwc - 'itc I'IdnninL� - Graphics October 29,2003 To Whom It May Concern: The Weld County Planning Department has received a proposal for a 121.44 acre project consisting of 5 residential lots and one agriculture outlot. Entitled Antelope Estates PUD, the rural development is located by legal description as 'the northeast quarter of section 29, township 9 north, range 67 west of the Sixth Principal Meridian, lot C.' This letter is to inform you, as a mineral estate owner of this property, that there will be a public hearing 2 December 2003. The meeting will be held at 1:30 p.m. in room 210 of the Weld County Planning Department located at 1555 N 17th Avenue, Greeley, Colorado. Please utilize the time prior to the public hearing to learn about the proposed development and prepare to discuss any comments or concerns in its regard. Any written statements may be directed to the Weld County planning staff. Comments are welcome at any time during the process. If you have any questions or comments regarding this proposal, you may contact Sherri Lockman with the Weld County Planning Department. The list of mineral estate owners for this mailing has been derived by Cynthia Zeren, Certified Professional Landman#4044. Sincere) , To Sanford Landscape Architect& Planner 1136 East Stuart Street,Suite 2040 Fort Collins,Co.80525 • Phone:970-472-8954 Fax:970-472-8955 • landimages@frii.com ) 1 ) SEN•E': C•M'LETETHISSECTI•N COM•LETETHISSECTUN•N •ELIVE•V • Complete items 1,2,and 3.Also complete A. Si.n- re Item 4 if Restricted Delivery is desired. l '—hi.(+gent ■ Print your name and address on the reverse X ` !, 4'!s: dresses so that we can return the card to you. B,,9bwd by(Pdn :• e) C. eWery ■ R Attach this card to the back of the mailpiece, 1 W or on the front if space permits. • _ • - a D. Is delivery .Ar - • ere t � em 1 1. Article Addressed AAddd��re..rrs..s��ed to: If YES,enter delivery address below: O No A0 a) q uM 17° 2221 �I tq, (Aftxtt�y' �.►r1,f 5 3. Service Type �"�r 1)w T O Certified Mail O Express Mall )74- pi `t (- O Registered O Return Receipt for Merchandise ) VV 1,t`[ O Insured Mail O C.O.D. 4, Restricted Delivery?(Enna Fee) ❑yes 2. Article Number (Transfer from service labeq PS Form 3811,August 2001 Domestic Return Receipt 102595-0z-M-tsao U.S. Postal Service-, • CERtIFIED MAIL. RECEIPT • (Domestic Mall Only;No Insurance Coverage Provided F r•ellvery hit•rmatl•I,visit •ur we site et www.us•s.e rn® ▪ SAM, Tx` ?738 nO Postage $ 0.37 UNIT ID: 0197 Certified Fee 2.30 Postmark o Return Rodept Fee Cl (Endorsement Required) 1.75 Here 0 Restricted Delivery Fee - Clerk: KHX3S6 (Endorsement Required) -u `0 4.42 10/29/03 ra Total Postage&Fees .� srreerorPO6 `L No -k�.r--'' `-`-`�IJ ox . ft, 12- )/< Gi I4t City,State.71Pa4 SF rm3 ,r,June2r•2 See Reverset rinstructl ne 4 LAND IMA\lGIE5 IINC. Landscape Architecture—Site Planning -Graphics 215 W. Magnolia Street, ste. 202 Fort Collins, CO. 80521 Phone 970.472.8954 Fax 970.472.8955 landimages@frii.com June 30, 2003 Mr. Rob McLendon McLendon Management Company, LLC 2420 Springer Suite 210 Norman, OK 73069 Voice: (405) 360-0700 Fax: (405) 360-0757 Re: Mineral Rights Notification of Developmental Impact Attn: Mr. Rob McLendon Dear Mr. Rob McLendon This is a notification of impact for the property located at the northeast quarter of section 29, township 9 north, range 67 west of the Sixth Principal Meridian, lot C. Union Pacific Railroad Company is the mineral owner for the above mentioned property and Weld County requires their notification. Please contact me if you require any additional information or have any questions. Sincerely, Tory D Banford 215 W Magnolia Suite 202 Ft Collins, CO 80521 Weld County Planning Department GREELEY OFFICE c ≤a KRUG & SOBEL, LLC MAY 1 0 2004 08 RECEIVED 5 290 1700 Broadway, ATTORNEYS AT LAW Denver,Colorado Suite8 508 Telephone: 303-831-8450 Facsimile:303-831-8482 E-mail: law@krug-sobel.com May 7, 2004 Via Telefax and U.S. Mail Ms. Sheri Lockman Weld County Planner Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Antelope Estates PUD/Adolf Property Township 9 North,Range 67 West Section 29: NE/4 (approximate 121 acre parcel) Weld County, Colorado Dear Sheri: This letter follows up our telephone conversation on February 2nd in which we discussed a proposed development in Weld County to be known as Antelope Estates and to be located on approximately 121 acres in the NE/4 of Section 29, Township 9 North, Range 67 West ("Property"). As you may remember, I have filed a letter dated November 24, 2003 on behalf of Anadarko E&P Company LP and Anadarko Land Corp. ("Anadarko entities") entitled "Notice of Oil and Gas Interests Owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" in which the Anadarko entities objected to the application because of the oil and gas interests that they own under the Property. We discussed in our February 2"d conversation that the developer was at this time proposing that lots be platted only in the SE/4NE/4 and that no lots were being proposed in the NE/4NE/4 or the SW/4NE/4. I understand that the NE/4NE/4 and the SW/4NE/4 will be zoned as planned unit development-agricultural and that the change of zone to PUD-agricultural will not in any way impact the ability of the Anadarko entities to develop the oil and gas that underlies the two parcels. EXHIBIT May 7, 2004 Ms. Sheri Lockman Page 2 You also explained that in the event that the developer proposes a "cluster PUD", the County requires that the open space portion of the planned unit development be preserved as open space for at least forty years. I also understand that if the developer or his successors and assigns do not apply for a cluster PUD, the Anadarko entities will receive notice of future surface development at the time the surface owner would propose the development of the two parcels. In light of our discussion and the understanding outlined in this letter, the Anadarko entities will not pursue the objection that they filed in the November 24`' letter. If you have any questions regarding this matter, please call me. Best regards, KRUG &SOBEL, LLC Molly Sommerville MS/sa cc: Mike Dollarhide Don Ballard Darrel Adolf (II KRUG e'&SOBEL, LLC 1700 Broadway, Suite 508 ATTORNEYS AT LAW _ - Denver,Colorado 80290 Telephone: 303-831-8450 Facsimile: 303-831-8482 E-mail: law@krug-sobel.com November 24, 2003 Via Telefax and Federal Express Ms. Sheri Lockman Weld County Planner Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Antelope Estates PUD/Adolf Property Township 9 North, Range 67 West Section 29: NE/4 (approximate 121 acre parcel) Weld County, Colorado Dear Sheri: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to an application for a change of zone and planned unit development ("Application") that has been filed with Weld County by Darrel Adolf that includes the property referenced above. Anadarko Land and Anadarko E&P together own all of the minerals that underlie the property included in the application ("Property"). Enclosed is a letter to the members of the Planning Commission and the Board of County Commissioners of Weld County entitled "Notice of Oil and Gas Interests Owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board to be included in the record of the proceedings to be held on the Application. As you are aware, C.R.S. § 24-65.5-101 et seq. requires that developers give notice to mineral interest owners of hearings on applications for development and certify to the local November 24, 2003 Ms. Sheri Lockman Page 2 jurisdiction that notice was given. Local governments are to require the certification as a condition for the approval of the application. Notices of hearings should be provided to the Anadarko entities as follows: Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Land-Western Division Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration and attention to this matter. Best regards, Molly Sommerville MS/sa Enclosures cc: Mike Dollarhide Don Ballard Donna Powers, Esq. Darrel Adolf Tory Banford/ for Darrel Adolf KRUG CSOBEL, LLC 1700 Broadway, Suite 508 ATTORNEYS AT LAW Denver,Colorado 80290 Telephone: 303-831-8450 Facsimile: 303-831-8482 E-mail: law@krug-sobel.com Molly Sommerville,Esq. msommerville@krug-sobel.com November 24, 2003 Members of the Board of County Members of the Weld County Commissioners of Weld County Planning Commission 915 Tenth Street 1555 North 17th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P COMPANY LP AND OBJECTION Re: Antelope Estates PUD/ Adolf Property Township 9 North, Range 67 West Section 29: NE/4 (approximate 121 acre parcel) Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ( Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company (together the "Anadarko entities"), with respect to the application that has been filed with Weld County by Darrel Adolf ("Applicant") for approval of an application for a change of zone and planned unit development for property located in a portion of the NE/4 of Section 29, Township 9 North, Range 67 West ("Property"). Anadarko Land and Anadarko E&P together own all of the minerals that underlie the Property. The Anadarko entities wish to give notice to the County of the oil and gas interests they own under the Property and make the County aware that any subsequent approval by the County November 24, 2003 Members of the Board of County Commissioners Members of the Planning Commission Page 2 of a final plat for a subdivision may interfere with the development of the oil and gas under the Property. Anadarko Land does not object to the Application because of the hard rock minerals, including the coal, that underlie the Property; however, the Anadarko entities object to the approval by the County of a final plat or plan for a subdivision for the Property unless and until an agreement on surface use for the oil and gas is reached between the Anadarko entities and the Applicant. The following are comments in support of this notice and objection: 1. The Oil and Gas Resources Owned by the Anadarko Entities. The Anadarko entities own all of the oil and gas that underlies the Property. Current Colorado Oil and Gas Conservation Commission rules and regulations would allow an oil and gas interest owner to locate four oil and gas wells in a quarter section where the Property is located, one in the center of each of the quarter quarter sections. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Subdivision Applications. The State of Colorado recognizes the important rights of mineral owners and lessees in Colorado Revised Statutes §30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically directs county planning commissions to recognize that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." In addition, Colorado Revised Statutes § 24-65.5-101 et seq. requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions for applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. 3. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law provides that the mineral owner has the right to use as much of the November 24, 2003 Members of the Board of County Commissioners Members of the Planning Commission Page 3 surface of the property as is reasonably necessary to develop the minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law and thereby deprive the mineral interest owner of its vested property and contractual rights may violate federal and state constitutional provisions. Union Pacific Railroad Company ("Railroad") gave a deed to Dewey W. Bailey dated September 5, 1907 and recorded in the Weld County Clerk and Recorder's Office on September 19, 1907 in Book 233, Page 110, in which it reserved all of the minerals for the Property, and other property. The Railroad granted the minerals to Union Pacific Land Resources Corporation (predecessor to Anadarko Land) by quitclaim deed dated April 1, 1971 and recorded on April 14, 1971 in Book 644, Reception Number 1565712. Applicant had record notice at the time he acquired his interest in the Property that the minerals were severed from the surface estate and that he received less than the entire interest in the Property. 4. An Action by the County to Approve the Application May Amount to a Regulatory Taking Within the Meaning of the State and United States Constitutions for Which the County Could Be Required to Pay the Anadarko Entities Fair Compensation. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property.2 The United States Claims Court and the Federal Circuit Courts have awarded compensation or affirmed decisions to award compensation to energy and mining companies based upon claims by the companies that their mineral properties had been taken by the government without just compensation because of government regulations which disallowed the development by the companies of their mineral rights.3 'See Frankfort Oil Company v. Abrams,413 P.2d 190 (Colo. 1966). Note also, Gerrity Oil& Gas Corporation v. Magness,946 P.2d 913 (Colo. 1977), which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. 'See, for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed. 2d 798 (1992). 3See for example Whitney Benefits, Inc. v. United States, 18 CI.Ct. 394(1989), corrected,20 CI.Ct. 324 (1990), affd., 926 F.2d 1169(Fed.Cir.), cert.denied, 112 S.Ct. 406(1991); United Nuclear Corporation v. United States, 17 CI.Ct. 768,affd.,912 F.2d 1432 (1990). November 24, 2003 Members of the Board of County Commissioners Members of the Planning Commission Page 4 5. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities wish to work with the Applicant in the same manner that they have worked with other developers and, toward that end, the parties have begun initial negotiations to try to reach an agreement for the compatible development of the surface estate and the oil and gas estate. The Anadarko entities, however, object to the Application until such time as they reach an agreement with the Applicant and request that the County make any approval of the Application conditioned upon agreements between the Applicant and the Anadarko entities. Very truly yours, KRUG & SOBEL, LLC Molly Sommerville MS/sa cc: Donna Powers, Esq. Don Ballard Mike Dollarhide Darrel Adolf Tory Banford/ for Darrel Adolf \Udolls\jnolh docume\Piles\UNION Amtlope Fslllcs-Adolpbbdjccsios-Wald Counlpoil&gas-I I-2111)doe Hello