HomeMy WebLinkAbout20042914 ALLES AND ASSOCIATES, INC.
428 N . SECOND STREET
LASALLE , COLORADO 80645
TELE : 970 . 284 . 9562 FAX : 970 . 284 . 9564
E - M A I L : ALLESCO @COMCAST . NET
�.. V
July 20, 2004
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Attention: Michelle Katyryniuk
Subject: Alfonso Borrego—USR-1464
Dear Ms. Katyryniuk:
We are attaching one copy of the non-objection letter from Kerr-McGee and one copy of the
Patina Oil& Gas Corporation executed Road Right-of-Way Agreement with Mr. Borrego.
These documents should satisfy the remaining requirements of your department. Please have
this USR placed on the Weld County Commissioners agenda for approval review at your earliest
convenience.
Thank you for your attention to this matter. If you have any questions,please contact me.
Sincerely,
Kenneth R. Alles, PLS
Principal
KRA/js
Attachments
EXHIBIT
as ' ., i,47
2004-2914
KERRA DENVER.
McGEEROCKY MOUNTAIN CORPORATION
1999 BROADY,SURE 9600- April 30, 2004
PHONE.303-296-3600
FAX 303-296.3601
Mr. George D. Paulsberg
Alles and Associates, Inc.
428 N. Second Street
LaSalle, CO 80631
Re: Alfonso Borrego— USR-1464
Township 5 North, Range 65 West, 6" P.M.
33: Lot A of corrected RE-3089 (Part of the S/2SE/4)
Weld County, Colorado
Dear Mr. Paulsherg:
In response to your letter dated April 16, 2004, Kerr-McGee Rocky Mountain
Corporation ("KMRMC") does not own any mineral rights and or leasehold rights in the
above described tract ("Property"). Kerr-McGee Gathering LLC ("KMG"), a subsidiary
of KMRMC, is successor in interest to Panhandle Eastern Pipe Line Company's Right-
of-Way Grant which is depicted on the plat map we received with your letter. KMG
owns, operates, and maintains a high-pressure natural gas pipeline that runs adjacent to
the Property in the 50' wide right-of-way.
KMG's only concern is that the "proposed res/ag access" running north/south
from Weld County Road 50 encroaches onto the right-of-way that appears to overlap the
Property. We request that nothing be built on top of the pipeline or so close as to restrict
KMG's access to the pipeline in the right-of-way.
KMRMC and KMG do not have any objections with USR-1464 and will not be
affected. Should you have any questions or concerns, please contact Matt Miller at 720-
264-2640.
Very truly yours,
Kerr-McGee Rocky Mountain Corporation
Christopher J. Greneaux
Landman
cc: Matt Miller
PATINA
OIL&GAS CORPORATION
1625 Broadway, Suite 2000
Denver, Colorado 80202
_.. .., . : (303) 389-3600
August 13, 2004 (303) 389-3680 Fax
Weld County-Department of Planning Services U.S. MAIL & FAX (970) 304-6498
Attention: Ms.Michelle Katyrynuik
1555 N. 17th Avenue
Greeley, CO 80634
Re: USR-1464
Township 5 North, Range 65 West, 6th P.M.
Section 33: Portions of S/2SE/4
Weld County, Colorado
Dear Michelle.
Please be advised that Patina Oil & Gas Corporation ("Patina") owns an oil and gas leasehold
interest (limited from the surface to the base of the Codell formation) and is the operator of the
Fisher#1 well located on the referenced property. Patina has a joint operating agreement with Frank
L. Boulter, Thomas P. Brock, Echeverria Trust, Ronnie J. Asmus, Robert Weakley, Dick Sherwin,
Alfred Dworak, Gary Connely and Sheila Lindell ('Non Operators"). The joint operating agreement
gives Patina the authority to address issues related to the operations of the well and leasehold.
Therefore, Patina's earlier correspondence also represents the interests of the Non-Operators.
including SOCO W'attenberg Corp.
The Estate of Leona B. Fisher, Michael K. Arrington, Elmer E. Lundvall and John A. Brown are
owners of the mineral interest which is leased to Patina, et al, and Patina does not represent these
parties. Additionally, States Royalty Limited is an overriding royalty owner and does not have an
interest in the mineral estate and only shares in royalty income from the subject well.
Attached is a Road Right-of-Way Agreement between Alfonso Barrego and Patina evidencing the
access rights granted to Patina pursuant to the terms of the oil and gas leases covering the property.
If you have any questions, please feel free to contact Dave Padgett at the letterhead address or call
(303) 389-3600.
Sincerely,
PAT OIL S CORPORAITON
a id W.' ' e
Vice President
fc: Ken Alles. Alles and Associates (970) 284-9564
P. David Padgett
1111111111 1111 lilt 111 11111 1311 HIE 1111111
3202057 07/26/2004 11:52A Weld County, CO
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
ROAD RIGHT-OF-WAY AGREEMENT
057
THIS AGREEMENT is made and entered into this /9h" ' day of July, 2004, by and
between Alfonso Borrego, whose address is 9492 CR 4, Wiggins, Colorado 80654, hereinafter
referred to collectively as "Grantor", and Patina Oil & Gas Corporation, whose address is 1625
Broadway, Suite 2000, Denver, CO 80202,hereinafter referred to as"Grantee".
WHEREAS, Grantor owns the following property:
Township 5 North, Range 65 West, 6th P.M.
Section 33: Pt of S''SE1/4 described as Lot A of RE-3089
Weld County, Colorado
Such lands are referred to herein as the "Property"; and
WHEREAS, Grantee owns oil and gas lease(s) under the following property:
Township 5 North, Range 65 West, 6th P.M.
Section 33: S%SE%
Weld County, Colorado
Such lands are referred to herein as the "Leased Lands"; and
WHEREAS, Grantee owns leasehold interests in the oil and gas mineral estate in and
under the Leased Lands and the right to conduct drilling, completion, recompletion, maintenance
and subsequent production operations (the "Operations") on the Leased Lands; and
WHEREAS, Grantee uses an existing road over, across and through a portion of the
Property to access Grantee's oil and gas well and production facilities located on the Leased
Lands; and
WHEREAS, the parties intend by this Road Right-of-Way Agreement to set forth their
understanding regarding to the use by Grantee of the road; and
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration paid to Grantor, the receipt and sufficiency of which is hereby
acknowledged, Grantor and Grantee agrees as follows:
(1) Right-of-Way Grant. Grantor does hereby grant, bargain, sell and convey unto
Grantee the right, right-of-way and easement to utilize the existing access road over,
across and through a portion of the Property. The right-of-way and easement shall be
fifteen (15) feet in width and is specifically described on Exhibit "A" attached hereto and
made a part hereof.
H:\Padgett\RoadRightofWayAgrmt—Borrego.doc
Atli 1111 111111111111 III 111111111111 III 11111 IIII IHI
3202057 07/26/2004 11:52A Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk A Recorder
(2) Operational Covenants. Grantee shall jointly maintain said access road with
Grantor.
(3) Term. This Road Right-of-Way Agreement shall remain in full force and effect so
long as Grantee is conducting Operations on the Leased Lands. At such time as Grantee is
no longer conducting Operations on the Leased Lands, this Road Right-of-Way
Agreement shall terminate.
(4) Parties. This Road Right-of-Way Agreement shall be binding upon and inure to
the benefit of heirs, successors and assigns of the parties hereto.
Agreed to and accepted this /r?4* day of .7UL7 . , 2004.
GRANTOR G E
By:// Y
/onl c of nyt0 By: ,
Alfonso Borrego David . Siple
Vice President
.-. ACKNOWLEDGMENTS
STATE OF COLORADO )
)ss.
COUNTY OF Weld • )
The foregoing instrument was acknowledged before me this 14-4 day of,Tu/1,� ,2004,by Alfonso
Borrego. ✓
[SEAL] PNN T1c'§:('�t.
' ✓ d�.s7�
Notary .;bli •
•
My commission expires: 7/2 q/O6 y r •
......0 f
�13
•,G
tti% el1G.:o
STATE OF COLORADO ) ��CO`OFtPS)
)ss.
COUNTY OF,A A tAM' ) y The foregoing instrument was acknowledged before me this /¶'ttlay of J ,1 y , 2004, by David
W. Siple as Vice President of Patina Oil&Gas Corporation.
[SEAL] `p• .......oAQ�`•\ ead--.12 /cats--
11:ei eii 2O a< Notary Public r
My co iseion expires:
v
C,LO20
rr
H:\PadgethRoadRightofWayAgrmt—Borrego.doc
f 1111111111l I1111111111III1111111111III11111 /III1111
3202057 07/26/2004 11:52A Weld County, CO
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT "A"
Attached to and by reference made a part of that certain Road Right-of-Way Agreement by and
between Alfonso Borrego as "Grantor" and Patina Oil& Gas Corporation as "Grantee" covering
the following lands:
An access easement 30 feet wide being the southerly 550.59 feet of Lot A, Recorded Exemption
3089 and being in part of the South One-Half Southeast One-Quarter(S 1/2 SE 1/4) of Section
Thirty-Three(33), Township Five(5) North, Range Sixty-Five (65) West in the 6th Principal
Meridian, Weld County, Colorado.
HAPadgett\RoadRightofWayAgrmt—Borrego.doc
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 10/10/04 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Voneen Macklin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR_USR- IWO IN THE AGRICULTURAL ZONE DISTRICT.
I464
Voneen Macklin
Name of Person Posting Sign
-Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this(/�Dday ofOrio /ZIT , 2004.
WITNESS my hand and official seal.
UnLtk, ncc
Notary Public
My Commission Expires: 10 A[/t -O
pFP .41
� ,1"'rfi. :
d
'iilq {M I 'i3Xb 'fi' 'r_i" r •
ry31,°' '.•' F`��� RgMy �3
44(1.1!4,t.:"14'e p Iw'.,`.. ,pi.YH n. b•i' g�,'... t: i@Ty a1 �J + ` y
xi 6ai• '.+,{ Ik a � ; >>% , t �' Yn 5 I ry • , ryw�4 a e
iri$ 'y"� ny �`.. -'F 3`N" F t Y. •t.i »s"� • • I t, .� , r t is sA • 4 a,'_, •�'�j' ,r$
`tk I X?,,i _ 1'd : �i t. • dl• � .yn w 4 ` �,'t,l
a:��,�(�is !th C •t'•'a` 42 a I • qp� a t3! a w laq, n a w* .:1C14
- *a^
' k§aw"p i u4 r.g, 't"m..!sV s AA�� aYAt. .s
`Y ',b ; "e g ...�r. IN, • ,a .r 'r IS40 �,�Wh{ut
i "p 4 1 "^W T S dt "t; vat dd 4 IH Willi;
NOTICE yip
//^X d' „ tr
"� PUBLIC HEARINGCONCERNINGi7� 'art n k �"
'� dr i THIS ROPeRTY WILL 8C HELD AT: �•
„tit.`' 4r 4;
•
k i 1�> 4 g . r .
4R / " • r of�t.x i °� y { e
ra X^%y._ ..... .... - „uw ma•11(;'••'....44•;!. 'LsA } ;',
�.'�f r a4. j ,. .N
N to a .'.I.,..!",4,;1:::1.-.;:!!;;'.*!!
Ir+x:x
py�N w �,� , y d
5` • A, a N au � "I ` ''II` t '' ,1j X�M :
t r. . 214 ! It jp'//''��¢p,�[[{}} /ri. MX - mp.. N SN :1 t ✓� avie a,�;.
4 d . IIa It m ZV,ii ca I :i.,d MI *a � ,
l.r1' Cox«4 N' ....•
1' s 4 t4. -4 I }M+ � �
2 p �jpy i ^ 411
!il"u. .�moww _ e
IrSiiii4•' FOR MORE , _.- ... acres si a .
' 4 t WELD! COIiNTcY DEPARTMENT of N
t ' .:3...4:—....1..s.711 SERVICES AT . � ,� . ,
i n� � q �•4 t t iE: i 'yyF,�''dg'.p, 7 •r etl d I tI U'4.a ;c k,.'+` .N r
At',...' 7!A e.ipWs..�„.r«I,,.,nlyp:ipy,a�y t F yTtii�Xgx5' t ! 36.. ( $N 'a' _
xI td Iw .M I a '1 * P + I, ',yr ' X ,t 4 � 5, i
1% L.. X I i M '4'�"' ! � .it ' k,. y.. �,Nr k �' $� d .0.244.-AS.,'r
71:4
i 1 �� ..., 4 1 i•k I. '' JF •A�6
a. ..,...,,:c[..• R „-wr"may. t {y ��� '��C: +� p ' idtr„
.... . ..- F '..a. .'. ... . .., ra..n .. -. .0 'w AC.ni!M. ... .t ...Iw ia. '.. ... .. a � .. ....!'..v..-. .'4Xh.✓L':
r.
OSt MEMORANDUM
WI�D�. TO: Weld County Board of County Commissioners
COLORADO DATE: October 19, 2004
FROM: Michelle Martinfril`'1
SUBJECT: USR-1464
The Department of Planning Services is recommending the following comment be added to the
resolution under 1.R "The applicant shall contact the Weld County Sheriffs Office to discuss the
Crime Prevention Program as outlined in their referral dated 5/3/04.
EXH1Bi'f'
LISP- 1
Hello