HomeMy WebLinkAbout20043350.tiff Weld County Planning Department
GREELEY OFFICE
6 Nov 1 2 2004
MEMORANDUM RECEIVED
TO: Michelle Martin, Planner; DATE: 09-November-2004
WIlD�• FROM: Peter Schei, P E ,C[ 1 eel., Public Works Department
COLORADO SUBJECT: PZ-1050 Ridgeview PUD(Zone Change)b
Weld County Public Works Department has reviewed this change of zone request. Comments made during this phase
of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process.
Comments
❑ On November 9th, 2004, Public Works Department staff took a site visit to the proposed development property located on CR 49
and CR 52. The purpose of the visit was to investigate a proposed traffic/transportation concern at this intersection by Ronald&
Karen Bernhardt(23909 Weld County Road 52,an adjacent property owner), who attended the Planning Commission Hearing on
November 2nd, 2004.
O Two basic criteria were investigated during the field site visit to the intersection of CR 49 and CR 52:
o Intersection Sight Distance,and
o Stopping Sight Distance.
❑ Intersection Sight Distance:
o Given: CR 49
• Classification:rural area arterial
• Posted Speed: 65 mph
• Posted Intersection Warning Sign: W2-2(MUTCD Section 2C.34)
• Posted: 720-feet north bound
• Posted: 760-feet south bound
• Lanes: two paved
• Pavement Markings: No Passing Zone(two normal solid yellow lines)(MUTCD Section 3B.01)
o `...where crossing the centerline markings for passing is prohibited for traffic traveling
in either direction."mum"
• Shoulders: two paved
• Roadway Intersection Classification: major(major road)
• Traveling Public not required to stop
o Given: CR 52
• Classification: local
• Posted Regulatory Sign: STOP
• Lanes: two gravel
• Shoulders: none
• Roadway Intersection Classification: minor(minor road)
• Traveling public required to stop
o Approach Sirght Triangle: "...not needed for intersection approaches controlled by stop signs or traffic
signals."AASH o
EXHIBIT
... Page t of 3 I
2004-3350 L
A2 it1D5O
:• Departure Sight Triangle: "The provision of clear sight triangles...allows the drivers of vehicles on the major road
to see any vehicles stopped on the minor-road approach and to be prepared to slow or stop, if necessary."AASHTo
• Intersection Control: Case B—Intersections with stop control on minor road(CR 52)
• `Intersection sight distance criteria for stop-controlled intersections are longer than stopping sight
distance to ensure that the intersection operates smoothly. Minor-road vehicle operators can wait until
they can proceed safely without forcing a major-road vehicle to stop."AASHTo
• Vertex: 14.4-feet to 17.8-feet
• Design Speed: 65 mph �p
• Intersection Sight Distance=716.6-feet&ASHro(calculated)
• Field Measured Intersection Sight Distance:
o North Bound—720-feet
o South Bound—+760-feet
o Field Measured Intersection Sight Distance was conducted from a single County
passenger vehicle traveling upon CR 49 north bound and south bound. (Both the
intersection warning signs can be seen from the CR 52 intersection with CR 49.)
o A more thorough investigation would include two County passenger vehicles — one
vehicle stopped at the minor road (CR 52) intersection (with CR 49), and one vehicle
traveling upon CR 49 north bound and south bound.
• Public Works is satisfied that the intersection sight distance is adequate for the intersection of CR 49 (major road)
and CR 52 (minor road). This is based upon a field visit and measurements taken from the on-board County vehicle
measurement instrumentation. Investigation of MUTCD and AASHTO standards provide support to this
conclusion.
• Any further concern by the Bemhardt's will require them to fund and investigate a private engineering study, since
Public Works can find no foundation for an intersection hazard based upon nationally accepted design standards.
Any individual may make a claim of unsafe transportation conditions within the County,but should the County find
no basis, it will be the individual's prerogative to prove otherwise.
❑ Stopping Sight Distance:
o Given: CR 49
• Classification:rural area arterial
• Posted Speed: 65 mph
• Posted Intersection Warning Sign: W2-2(MUTCD Section 2C.34)
• Posted:720-feet north bound
• Posted:760-feet south bound
• Lanes:two paved
• Pavement Markings: No Passing Zone(two normal solid yellow lines)(MUTCD Section 3B.01)
o "...where crossing the centerline markings for passing is prohibited for traffic traveling in
either direction!'mu
• Shoulders:two paved
• Roadway Intersection Classification:major(major road)
• Traveling public not required to stop
• Stopping in Sight Distance=645-feet.AASHTo
g
o Given: CR 52
• Classification: local
• Posted Regulatory Sign: STOP
• Lanes: two gravel
• Shoulders: none
• Roadway Intersection Classification: minor(minor road)
• Traveling public required to stop
Page 2 of 3
fi Field Measured Sight Distance:
o North Bound—720-feet
o South Bound—+760-feet
> Intersection Sight Distance controls
`Intersection sight distance criteria for stop-controlled intersections are longer than stopping sight
distance to ensure that the intersection operates smoothly. Minor-road vehicle operators can wait until
they can proceed safely without forcing a major-road vehicle to stop."^ASHTO
n Public Works is satisfied that the stopping sight distance is abundant for the intersection of CR 49(major road) and
CR 52 (minor road). This is based upon a field visit and measurements taken from the on-board County vehicle
measurement instrumentation. Investigation of MUTCD and AASHTO standards provide support to this
conclusion.
The preceding analysis was completed by Public Works staff to address issues brought forth by adjacent residents during
the recent Planning Commission hearing. However, it is not customary to provide such in depth analysis of a
transportation engineering situation at the change of zone stage of a development. These types of issues are best
addressed by the applicant(or their engineer) during the final plat stage where final engineering plans can be reviewed.
Recommendation
❑ The Public Works Department recommends approval of this change of zone.
The applicant shall address the comments listed above at the specific step of the review process stated. The review
process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved
with the Public Works Department prior to recording the change of zone and final plats:
* PC: PZ-1050 Ridgeview POD(Zone Change?
Email&Original: Planner Micttlle friar f,n
Email&PC: Planning Commission Administrator Voneer4 VIArkrin
—Xmail& PC: Planning Commission Chairman&Members via PC Administrator (It Cepitt k VeetUn)
PC by Post: Applicant Todd Ibd s Des'r
PC by Post: Engineer Waknr4l Qivd Eh3;ntU5
Page 3 of 3
'
AS
1269 North Cleveland Avenue Loveland,Colorado 80537 / (970)613-8556
Letter of Transmittal
Date: 24-Nov-04
To: Clerk to the Board
Weld County
Project: PZ-1050, Ridgeview PUD r ,'
Via: Fax UPS
Mail Overnight
Pick Up Courier
x Hand Deliver
_. We Transmit for your: Informatior X Files
Approval Correction
Signature Return X
Number of Copies: 1 Number of Pages: 21, Including Transmittal
Remarks: Attached is a copy of the signed Surface Access Agreement between P &A Turkey and
Prima Oil &Gas Company. Please place this document in the case file for PZ-1050 as
the Change of Zone is scheduled to be heard by the Board of County Commissioners on
December 15. 2004. Your kind attention to this matter is greatly appreciated.
From: Anne Best Johnson, AICP
Todd Hodges Design, LLC
Copy: Michelle Martin, Planner
Weld County Planning Services
UMW
SURFACE ACCESS AGREEMENT
This Surface Access Agreement.is made and entered into effective the ?a'Ti`' day
of 02_10642_,2004,by and between P&A Turkey Farms,Inc.,a Colorado corporation,6000 East
Evans Avenu , Building 1, Suite 210, P.O. Box 22253, Denver Colorado 80222 ("Owner"), and
Prima Oil aid Gas Company, a Colorado corporation, 1099 18th Street, Suite 400, Denver,
Colorado 80202 ("Operator").
RECITALS
A. Owner is the owner in fee of the surface overlying certain lands (the "Property")
located in the NE/4 of Section 36, T.5N., R.65W., 6th P.M., Weld County, Colorado, that are
described more particularly in the attached Exhibit A and are depicted as Parcel 1 and Parcel 2 on
the attached Exhibit B.
B. A portion of the Property is subject to a conservation easement created by Deed of
Conservation Easement dated August 14, 2003 (recorded August 19, 2003, as Reception No.
3096990, of the Weld County, Colorado, real property records), between Owner, as grantor, and
Colorado Open Lands, a Colorado non-profit corporation(together with its successors and assigns,
"Easement Holder"),as grantee(the"Conservation Easement"). The portion of the Property covered
by the Conservation Easement (the "Conservation Lands") are described more particularly on the
attached Exhibit C and are depicted as Outlots B and C on the attached Exhibit B. The Conservation
Lands consist of 101.106 acres, more or less.
C. Owner desires to develop a portion of the Property in the NW/4NE/4 and NE/4NE/4
of Section 36, T5N, R65W, 6th P.M., as a Non-Urban Cluster Development consisting of nine
residential lots and related roadway comprising 18.545 acres,more or less,and 6.533 acres,more or
less, of Open Space (the "Development Lands"). The Development Lands consist of Lots 1-5,
inclusive,of Block 1,Lots 1-4,inclusive,of Block 2,Ridgeway Lane,and Outlot A,all as are legally
described in the attached Exhibit C and as are depicted on the attached Exhibit B.
D. The mineral rights in the Property are owned by the State of Colorado (the"State").
E. The Operator is the owner of an oil and gas lease or leases (Lease No. 81/6053; the
"Lease") from the State, covering the Property and other lands.
F. Operator currently owns and operates three oil and gas wells(the State Farm 36-11,
State Farm 36-6 and State Farm 36-7 wells)(collectively,the"Existing Wells")on the Property. The
State Farm 36-11 Well is located in the NE/4NE/4 of Section 36, T5N, R65W, 6th P.M.; the State
Farm 36-6 Well is located in the SE/4NE/4 of Section 36,T5N,R65W,6th P.M.; and the State Farm
36-7 Well is located in the SW/4NE/4 of Section 36, T5N,R65W, 6th P.M. The actual locations of
the Existing Wells are depicted on the attached Exhibit B.
1
G. In addition to the Existing Wells, Operator currently has located on the Property
certain related facilities,including a tank battery and access roads. The Existing Wells together with
such related facilities maybe referenced collectively as the"Existing Facilities." All of the Existing
Facilities, except the State Farm 36-11 Well and related farm/oil and gas road are located on the
Conservation Lands. The State Farm 36-11 Well and related farm/oil and gas road are located on the
Open Space portion of the Development Lands. The locations of the Existing Facilities are shown
on the attached Exhibit B.
H. In addition to the Existing Wells, Operator intends to drill another well at a center
location on the Property. The center location consists of a drilling window(the"Drilling Window")
that is in the form of a square with sides 800 feet (800') in length and the center of which is the
center of the NE/4 of Section 36, T5N, R65 W, 6`h P.M., as depicted on the attached Exhibit D. As
shown on Exhibit E,the Drilling Window falls outside the Development Lands on other portions of
the Property.
I. In connection with Owner's development of the Development Lands, Owner and
Operator desire to define the extent to which Operator may enter onto and make use of the surface of
the Development Lands.
AGREEMENT
NOW THEREFORE, in consideration of the payment of$10 by Owner to Operator, and
other good and valuable consideration, Owner and Operator(the "Parties") agree as follows:
1. Waiver and Release. Except as expressly provided in Paragraph 2 below,
Operator, for itself and its successors and assigns,hereby waives and releases any right it otherwise
may have to enter onto or make use of the surface,or the subsurface down to a depth of five hundred
feet (500'), of the Development Lands.
2. Reserved Rights. Operator expressly reserves and retains:
a. all rights appurtenant to oil,gas and other hydrocarbons and all other
minerals from below the upper five hundred feet (500') of the Development Lands, including the
right, to the extent it may do so under applicable Colorado laws, rules and regulations, to
directionally drill under the Development Lands,provided that such drilling does not encroach upon
the surface of the earth to a subsurface depth of five hundred feet (500');
b. all rights of surface access it may have under its Lease with respect to
the Property other than the Development Lands; and
c. all rights of surface use and access under its Lease with respect to the
State Farm 36-11 Well and all operations that may be conducted thereto or associated therewith,
provided that all access to that Well shall be from Weld County Road 49 over and across the existing
farm/oil and gas road across Outlot A, as depicted on the attached Exhibit A and that all of
2
Operator's activities with respect to the State Farm 36-11 Well will be confined to Outlot A and will
not encroach on any residential lots on the Development Lands.
3. Obligations regarding Existing Facilities.
a. Owner shall incorporate the Existing Wells and Operator's other
Existing Facilities,as shown on the attached Exhibit B,into its proposed Ridgeview PUD(PK-1050)
Non Urban Residential Development (the "PUD") for the Development Lands and Conservation
Lands.
b. Owner agrees that all plats submitted in connection with the PUD
shall designate a No-Build Area with a minimum 150-foot radius around the Existing Wells and a
200-foot setback from the existing tank battery included in the Existing Facilities.
4. Rights and Obligations regarding Drilling Window and Center Well.
a. Owner shall incorporate the Drilling Window, as shown on the attached
Exhibit E, into the PUD.
b. Owner agrees that all plats submitted in connection with the PUD shall
designate a No-Build Area with a minimum 150-foot radius of and around the center of the Drilling
Window.
c. Owner and Operator agree that Operator shall have the right to drill a well
within the Drilling Window,provided that such well(the"Center Well")is at least one hundred fifty
feet (150') from any residential improvements constructed on the Development Lands prior to the
drilling of the Center Well;
d. Operator agrees that all of Operator's activities with respect to the Center
Well will be confined to Outlot B of the Conservation Lands and will not encroach on any residential
lots on the Development Lands,provided that access to that Well shall be from Weld County Road
49 over and across the existing farm/oil and gas road across Outlot A, as depicted on the attached
Exhibit A; and
e. Operator agrees that,upon completion of the Center Well, it shall furnish
to Owner a plat showing the actual location of the Center Well as drilled and a No-Build Area with a
minimum 150-foot radius around the Center Well.
5. PUD Proceedings. Operator acknowledges that this Agreement is being
executed in connection with the Change of Zone Application: Planned Unit Development covering
the Property("Owner's Application"),which was submitted by Owner to Weld County,Colorado,on
August 10, 2004, with respect to Owner's proposed development of the Development Lands.
Operator hereby acknowledges that it has received any notice required by CRS §24-65.5.103 or 31-
23-215 with respect to Owner's proposed development of the Development Lands, has had an
opportunity to consult with Owner regarding and to review Owner's Application, and, subject to
3
Owner's obligations and Operator's rights under this Agreement,Operator consents to Weld County's
approval of Owner's Application.
6. Binding Effect. This Agreement binds and inures to the benefit of the Parties,
their successors and assigns. The mutual agreements of the Parties as set forth in this Agreement
shall be deemed to be and shall be construed as covenants that run with the land.
7. Entire Agreement; Amendments: This Agreement constitutes the entire
agreement between the parties hereto and no other understanding or agreement shall be effective
unless specifically incorporated herein. This Agreement may not be modified orally or in any
manner other than by agreement in writing signed by the Parties.
8. Counterparts.This Agreement maybe executed in counterparts,with the same
force and effect as if all parties had executed a single document,provided that it shall not be binding
upon any party until all parties have executed this Agreement or a counterpart thereof.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date and year
first above written.
OPERATOR:
Prima Oil aim; Gas Company, a Colorado
corporation
By: V
Title: Edward L. M aughlin, Vice President
OWNER:
P &A Turkey Farms, Inc., a Colorado corporation
By: Ut 1,/p
Title: Jrotei.h..i. '
4
STATE OF COLORADO )
)SS
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 28thday of October
2004, by Edward L. McLaughlin , as Vice President of Prima Oil and&
Gas Company, a Colorado corporation.
Witness my hand and official seal.
My commission expires: 09-05-05
KATHLEEN RVIGIL =�I:- ► '-2
(..(,);.),
Notary Public ,
State of Colorado .- I otary Public : Kathleen R. Vigil
1099 18th St., Ste. 4-0
Denver, CO 80202
STATE OF COLORADO )
)SS
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this PLkday of O6"{ob?a
2004, by from a5 P(«55 , as Urc e P1ecjJe t ofP & A Turkey
Farms, Inc., a Colorado corporation.
W_ --t d and official seal.
,e,�
r O --'' '_". ,,
'1V •commiss ,ibt- ,.Tres: /0 ' 13. aoo 7
.+,
I SHIRLEY . i
c cp.. KUECK o; � /
1+11>i''. •..0'1\.0 Notary Pulic
5
EXHIBIT A
To Surface Access Agreement
PROPERTY DESCRIPTION
(SURFACE LANDS)
PARCEL 1:
A parcel of land being all that part of the Northeast Quarter(NE1/4) of Section Thirty-six (36),
Township Five North(T.5N.),Range Sixth-five West(R.65W.) of the Sixth Principal Meridian
(6th P.M.), County of Weld, State of Colorado, laying Easterly of the Ninety foot (90') strip of
land for the Gilmore Canal as currently constructed, said Gilmore Canal described within that
Warranty Deed as recorded May 25, 1914 in Book 393 on Page 371 of the records of the Weld
County Clerk and Recorder(WCCR), said document hereinafter referred to as Doc#1, and being
more particularly described as follows:
BEGINNING at the Northeast Corner of said Section 36 and assuming the East line of the
NE1/4 of said Section 36 as bearing South 00°38'03" East, being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone,North American Datum 1983/92, a distance of
2622.76 feet with all other bearings contained herein relative thereto. From said point the North
Quarter Corner of said Section 36 bears South 89°56'15" West a distance of 2637.85 feet:
THENCE South 00°38'03" East along said East line a distance of 2622.76 feet to the East
Quarter Corner of said Section 36;
THENCE South 89°38'54" West along the South line of said NE1/4 a distance of 1231.06 feet to
the East line of the aforesaid Doc#1 and being the beginning point of a curve. The aforesaid line
being non-tangent to said curve;
Thence along the Easterly line of the aforesaid Doc#1 by the following Twenty-three (23)
courses and distances:
THENCE along the Arc of a curve which is concave to the Southwest a distance of 216.08 feet,
whose Radius is 562.87 feet, whose Delta is 21°59'41", and whose Long Chord bears North
36°31'38" West a distance of 214.75 feet to the Point of Tangency(PT);
THENCE North 47°31'29" West a distance of 150.00 feet to a Point of Curvature (PC);
THENCE along the Arc of a curve which is concave to the Northeast a distance of 192.96 feet,
whose Radius is 1151.66 feet,whose Delta is 09°36'00", and whose Long Chord bears North
42°43'29" West a distance of 192.74 feet to the PT;
THENCE North 37°55'29" West a distance of 250.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 146.92 feet,
whose Radius is 2004.26 feet,whose Delta is 04°12'00", and whose Long Chord bears North
35°49'29" West a distance of 146.89 feet to the PT;
THENCE North 33°43'29" West a distance of 100.00 feet to a PC;
Page 1 of 4
Property Description— Surface Lands (continued)
THENCE along the Arc of a curve which is concave to the Southwest a distance of 221.26 feet,
whose Radius is 437.14 feet, whose Delta is 29°00'00", and whose Long Chord bears North
48°13'29" West a distance of 218.90 feet to the PT;
THENCE North 62°43'29" West a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 234.85 feet,
whose Radius is 651.09 feet, whose Delta is 20°40'00", and whose Long Chord bears North
52°2329" West a distance of 233.58 feet to the PT;
THENCE North 42°0329" West a distance of 150.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 185.34 feet,
whose Radius is 530.96 feet, whose Delta is 20°00'00", and whose Long Chord bears North
32°03'29" West a distance of 184.40 feet to the PT;
THENCE North 22°0329" West a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the East a distance of 260.42 feet, whose
Radius is 276.31 feet,whose Delta is 54°00'00", and whose Long Chord bears North 04°56'31"
East a distance of 250.88 feet to a Point of Compound Curvature(PCC);
THENCE along the Arc of a curve which is concave to the South a distance of 111.51 feet,
whose Radius is 121.70 feet, whose Delta is 52°30'00", and whose Long Chord bears North
58°11'31" East a distance of 107.65 feet to the PT;
THENCE North 84°26'31" East a distance of 300.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the South a distance of 131.67 feet,
whose Radius is 301.77 feet,whose Delta is 25°00'00", and whose Long Chord bears South
83°03'29" East a distance of 130.63 feet to the PT;
THENCE South 70°33'29" East a distance of 450.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the North a distance of 399.27 feet,
whose Radius is 340.42 feet,whose Delta is 67°12'00", and whose Long Chord bears North
75°50'31" East a distance of 376.77 feet to a PCC;
THENCE along the Arc of a curve which is concave to the West a distance of 297.68 feet, whose
Radius is 273.65 feet,whose Delta is 62°19'41", and whose Long Chord bears North 11°04'41"
East a distance of 283.22 feet to the PT;
THENCE North 20°05'10" West a distance of 98.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the East a distance of 290.03 feet, whose
Radius is 1221.88 feet, whose Delta is13°36'00", and whose Long Chord bears North 13°17'10"
West a distance of 289.35 feet to the PT;
THENCE North 06°29'10" West a distance of 200.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the East a distance of 6.69 feet,whose
Radius is 295.03 feet,whose Delta is 01°17'57", and whose Long Chord bears North 05°50'11"
West a distance of 6.69 feet to the North line of said NE1/4;
THENCE North 89°56'15" East along said North line and being a line non-tangent to the
aforesaid curve a distance of 1277.43 feet to the POINT OF BEGINNING.
Page 2 of 4
Property Description—Surface Lands (continued)
Said described parcel of land contains 104.701 Acres, more or less (±) and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
PARCEL 2:
A parcel of land being all that part of the Northeast Quarter(NEI/4) of Section Thirty-six (36),
Township Five North (T.5N.), Range Sixty-five West(R.65W.) of the Sixth Principal Meridian
(6th P.M), County of Weld, State of Colorado, laying Westerly and Southwesterly of the Right-
Of-Way(ROW) of the Gilmore Canal as described within that document as recorded May 25,
1914 in Book 393 on Page 371 of the records of the Weld County Clerk and Recorder(WCCR)
and being more particularly described as follows:
BEGINNING at the East Quarter Corner of said Section 36 and assuming the East line of the
NE1/4 of said Section 36 as bearing North 00°38'03" West, being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
2622.76 feet with all other bearings contained herein relative thereto. From said East Quarter
Corner the Center Quarter Corner of said Section 36 bears South 89°38'54" West a distance of
2635.01 feet:
THENCE South 89°38'54" West along the South line of said NE1/4 a distance of 1332.69 feet to
the intersection with the Westerly ROW line of the aforesaid Gilmore Canal. Said point being
the TRUE POINT OF BEGINNING:
THENCE continuing South 89°38'54" West along the South line of said NE1/4 a distance of
1302.32 feet to the Center Quarter Corner of said Section 36;
THENCE. North 00°41'37" West along the West line of said NE1/4 a distance of 1487.05 feet to
the intersection with the Westerly ROW line of said Gilmore Canal and being the beginning
point of a curve. The aforesaid line being non-tangent to said curve;
Thence along the Westerly and Southwesterly ROW line of said Gilmore Canal by the following
Thirteen (13) courses and distances:
THENCE along the Arc of a curve which is concave to the Northeast a distance of 2.87 feet,
whose Radius is 366.31 feet, whose Delta is 00°26'53", and whose Long Chord bears South
21°50'02" East a distance of 2.87 feet to the Point of Tangency(PT);
THENCE South 22°03'29" East a distance of 100.00 feet to a Point of Curvature (PC);
Page3of4
Property Description—Surface Lands (continued)
THENCE along the Arc of a curve which is concave to the Northeast a distance of 216.76 feet,
whose Radius is 620.96 feet, whose Delta is 20°00'00", and whose Long Chord bears South
32°0329" East a distance of 215.66 feet to the PT;
THENCE South 42°0329" East a distance of 150.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 267.31 feet
whose Radius is 741.09 feet,whose Delta is 20°40'00", and whose Long Chord bears South
52°23'29" East a distance of 265.87 feet to the PT;
THENCE South 62°43'29" East a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Southwest a distance of 175.70 feet,
whose Radius is 347.14 feet, whose Delta is 29°00'00", and whose Long Chord bears South
48°13'29" East distance of 173.83 feet to the PT;
THENCE South 33°43'29" East a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 153 52 feet
whose Radius is 2094.26 feet, whose Delta is 04°12'00", and whose Long Chord bears South
35°49'29"East a distance of 153.48 feet to the PT;
THENCE South 37°55'29"East a distance of 250.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 208.04 feet,
whose Radius is 1241.66 feet,whose Delta is 09°36'00", and whose Long Chord bears South
42°43'29" East a distance of 207.80 feet to the PT;
THENCE South 47°31'29" East a distance of 150.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Southwest a distance of 138.23 feet.
whose Radius is 472.87 feet,whose Delta is 16°44'53", and whose Long Chord bears South
39°09'02" East a distance of 137.73 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 21.485 Acres, more or less (±), and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
Page 4 of 4
EXHIBIT B
To Surface Access Agreement
PLAT OF SURFACE LANDS
RIDGEVIEW T -V CHANGE OF ZONE ,m.aaa ...r. URVE 30331 RADIUS DELTA •
i RI /1003
A PART OF THE NORTHEAST QUARTER OF SECTION 36, '"'" °'" " ", s..._. r... ems s
TOWNSHO'5 NORTI I,RANGE GS WEST OF THF.6TH l'.M, 'I.
I. 2'..,-
I3.1'222 vn -
COUN'['Y OF WELD,STATF.OF COLORADO - o ,
_ J M
�,
.1.
1 _ m: I mE >.r s
u
1/TO47 Xi,
:,...„.
'� 24
J
i 2 •mono f a " IC. aI f • OETAILI
ruua c 1}\ hi ^P ' ; I ,L` M1 n. 40030400 TWO' 0011 PIPTCP1211 mu. 1 66.600 BO/ O
mici andPP, ACC6 I{ tic* a a sss'5�5a'
_NI._
_m m.,��.enr.edrir
-�la�� — 1� ......U. �°
,. / g EVIs�Z°Wugmluw a _., _..—_d m '.___n.,.. °' ° , . --� —-
Proposed Zoning=PUD Eslale/�cal4CavOpe•Space 'o .°'" r I 1 �.. % -�
w.
[ \< + r "� - "°'-^-'" I SECTION LOLL ROADWAY m°umn Of 141
w C �� 2..„......,,m
<N (7"l_ ii--° -;-."-,i,r.4.7:-' i.,- rt.,
B
a �. . s.
"� � + I .nea •......n .wK::574,5,245.5.55J599,
vrr.mr.zsu D!TT AJLA ,,, 1.,
8 ...� ki �j.w,®w Ed
LTT
EI l�l
mu n. ti. NB$6157743'f — No/ ..rn..- _wR°� .� v ,.�humm �sr nx.w..am
M1 .-..-..-a.r ..umrvr aa. ''.rn +rvw Mrwman..n.".n wens mnna '� a OVIlOIA _ wu.� ... al
Z
YSav IWl >wrry_ saneN'M ]I,M��'i^} .. . �. m °ntl~MPf° Sa
.,.„.a.,M,,.not ox...u..e.o.!as..,I+vn e s<.,..,,T..Iv. ;,
:..(m)a°' ionic, n.wn. spur..a.nr VICIN!ITMAP 1-x000. . .w..m a
............ ... ,;,...d..<.._.... a. .w.. W.a_......w.m..�,..._a_.m...A........._ .. I �f �v .,,,, , w......, a�z a
O..333%420.00o Sam*003103 Ea*bongo coos 23 SE1 la or...'..O CI•...... ..,r..'3...332 ha...
�. .....�,• r." ...A. MOP r.
Yr.,Mc phaypon li.c ,ATP-. 1 A.m. `..�/. - - r a I S
�_ �v °.� �_.n�. . �.� a_. 1 _..� .d. .., wr � .m,� . .:ems s�10 ,
EXHIBIT C
To Surface Access Agreement
PROPERTY DESCRIPTION
CONSERVATION LANDS
CONSERVATION LANDS EAST OF THE GILMORE CANAL
A parcel of land being part of the Northeast Quarter(NE1/4) of Section Thirty-six (36),
Township Five North (T.5N.), Range Sixty-five West(R.65W.) on the Sixth Principal Meridian
(6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
BEGINNING at the Northeast Corner of said Section 36 and assuming the East line of said
NEI/4 as bearing South 00°38'03" East:, being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/92, a distance of 2622.76 feet
with all other bearings contained herein relative thereto;
THENCE South 00°38'03" East along said East line a distance of 919.71 feet to the TRUE
POINT OF BEGINNING:
THENCE continuing South 00°38'03" East along said East line a distance of 1703.05 feet to the
East Quarter Corner of said Section 36;
THENCE South 89°38'54" West along the South line of said NE1/4 a distance of 1231.06 feet to
the intersection with the Easterly line of the Gilmore Canal as described within that Warranty
Deed to The Farmers Reservoir and Irrigation Company as recorded May 25, 1914 in Book 393
on Page 371 of the records of the Weld.County Clerk and Recorder(WCCR). Said point being
the beginning point of a curve. The aforesaid line being non-tangent to said curve;
THENCE along the Easterly line of the aforesaid parcel of land by the following Eighteen (18)
courses and distances;
THENCE along the Arc of a curve which is concave to the Southwest a distance of 216.08 feet,
and whose Radius is 562.87 feet, whose Delta is 21°59'41", and whose Long Chord bears North
36°31'38" West a distance of 214.75 feet to the Point of Tangency(PT);
THENCE North 47°31'29" West a distance of 150.00 feet to a Point of Curvature (PC);
THENCE along the Arc of a curve which is concave to the Northeast a distance of 192.96 feet,
whose Radius is 1151.66 feet, whose Delta is 09°36'00", and whose Long Chord bears North
42°43'29"West a distance of 192.74 feet to the PT;
THENCE North 37°55'29" West a distance of 250.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 146.92 feet,
whose Radius is 2004.26 feet, whose Delta is 04°12'00", and whose Long Chord bears North
35°49'29" West a distance of 146.89 feet to the PT;
THENCE North 33°4329" West a distance of 100.00 feet to a PC;
Page 1 of 4
Property Description—Conservation Lands—Continued
THENCE along the Arc of a curve which is concave to the Southwest a distance of 221.26 feet,
whose Radius is 437.14 feet. whose Delta is 29°00'00", and whose Long Chord bears North
48°13'29" West a distance of 218.90 feet to the PT;
THENCE North 62°43'29" West a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 234.85 feet,
whose Radius is 651.09 feet, whose Delta is 20°40'00", and whose Long Chord bears North
52°23'29"West a distance of 233.58 feet to the PT;
THENCE North 42°03'29" West a distance of 150.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 185.34 feet,
whose Radius is 530.96 feet, whose Delta is 20°00'00", and whose Long Chord bears North
32°03'29" West a distance of 184.40 feet to the PT;
THENCE North 22°03'29" West a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the East a distance of 260.42 feet, whose
Radius is 276.31 feet,whose Delta is 54°00'00", and whose Long Chord bears North 04°56'31"
East a distance of 250.88 feet to a Point of Compound Curvature (PCC);
THENCE along the Arc of a curve which is concave to the Southeast a distance of 111.51 feet,
whose Radius is 121.70 feet, whose Delta is 52°30'00", and whose Long Chord bears North
58°11'31" East a distance of 107.65 feet to the PT;
THENCE North 84°26'31" East a distance of 300.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the South a distance of 131.67 feet,
whose Radius is 301.77 feet, whose Delta is 25°00'00", and whose Long Chord bears South
83°03'29" East a distance of 130.63 feet to the PT;
THENCE South 70°33'29" East a distance of 450.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the North a distance of 366.17 feet,
whose Radius is 340.42 feet, whose Delta is 61°37'48", and whose Long Chord bears North
78°37'37" East a distance of 348.77 feet:
THENCE South 88°09'06" East along a line non-tangent to the aforesaid curve a distance of
1192.63 feet;
THENCE North 89°21'57" East a distance of 50.00 feet to the TRUE POINT OF
BEGINNING.
Said described parcel of land contains 79.621 Acres, more or less (±) and is subject to any rights-
of-way or other easements as granted or reserved by instruments of record or as now existing on
said described parcel of land.
CONSERVATION LANDS WEST OF THE GILMORE CANAL
A parcel of land being all that part of the Northeast Quarter(NEI/4)of Section Thirty-six(36), Township
Five North(T.5N.),Range Sixty-five West(R.65W.)of the Sixth Principal Meridian(6th P.M.), County
of Weld, State of Colorado, laying Westerly and Southwesterly of the Right-Of-Way(ROW)of the
Page 2 of 4
Property Description—Conservation Lands —Continued
Gilmore Canal as described within that document as recorded May 25, 1914 in Book 393 on Page 371 of
the records of the Weld County Clerk and Recorder(WCCR) and being more particularly described as
follows:
BEGINNING at the East Quarter Corner of said Section 36 and assuming the East line of the NE 1/4 of
said Section 36 as bearing North 00°38'03" West, being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92, a distance of 2622.76 feet with all
other bearings contained herein relative thereto. From said East Quarter Corner the Center Quarter
Corner of said Section 36 bears South 89°38'54" West a distance of 2635.01 feet:
THENCE South 89°38'54" West along the South line of said NE1/4 a distance of 1332.69 feet to the
intersection with the Westerly ROW line of the aforesaid Gilmore Canal. Said point being the TRUE
POINT OF BEGINNING:
THENCE continuing South 89°38'54" West along the South line of said NEI/4 a distance of 1302.32 feet
to the Center Quarter Corner of said Section 36;
THENCE.North 00°41'37" West along the West line of said NEl/4 a distance of 1487.05 feet to the
intersection with the Westerly ROW line of said Gilmore Canal and being the beginning point of a curve.
The aforesaid line being non-tangent to said curve;
Thence along the Westerly and Southwesterly ROW line of said Gilmore Canal by the following Thirteen
(13)courses and distances:
THENCE along the Arc of a curve which is concave to the Northeast a distance of 2.87 feet,whose
Radius is 366.31 feet,whose Delta is 00°26'53", and whose Long Chord bears South 21°50'02" East a
distance of 2.87 feet to the Point of Tangency(PT);
THENCE South 22°03'29" East a distance of 100.00 feet to a Point of Curvature(PC);
THENCE along the Arc of a curve which is concave to the Northeast a distance of 216.76 feet, whose
Radius is 620.96 feet,whose Delta is 20°00'00", and whose Long Chord bears South 32°03'29" East a
distance of 215.66 feet to the PT;
THENCE South 42°03'29" East a distance of 150.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 267.31 feet whose
Radius is 741.09 feet, whose Delta is 20°40'00", and whose Long Chord bears South 52°23'29" East a
distance of 265.87 feet to the PT;
THENCE South 62°43'29" East a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Southwest a distance of 175.70 feet,whose
Radius is 347.14 feet,whose Delta is 29°00'00", and whose Long Chord bears South 48°13'29" East
distance of 173.83 feet to the PT;
THENCE South 33°43'29" East a distance of 100.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northeast a distance of 153 52 feet whose
Radius is 2094.26 feet,whose Delta is 04°12'00", and whose Long Chord bears South 35°49'29"East a
distance of 153.48 feet to the PT;
THENCE South 37°55'29"East a distance of 250.00 feet to a PC;
Page 3 of 4
Property Description—Conservation Lands—Continued
THENCE along the Arc of a curve which is concave to the Northeast a distance of 208.04 feet,whose
Radius is 1241.66 feet, whose Delta is 09°36'00", and whose Long Chord bears South 42°43'29"East a
distance of 207.80 feet to the PT;
THENCE South 47°31'29" East a distance of 150.00 feet to a PC;
THENCE along the Arc of a curve which is concave to the Southwest a distance of 138.23 feet.whose
Radius is 472.87 feet,whose Delta is 16°44'53", and whose Long Chord bears South 39°09'02" East a
distance of 137.73 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 21.485 Acres, more or less(±), and is subject to any rights-of-way
or other easements as granted or reserved by instruments of record or as now existing on said described
parcel of land.
Page 4 of 4
EXHIBIT D
To Surface Access Agreement
PLAT OF DRILLING WINDOW
STAT
WELL ELOCATION ELL LOCATION LOCATION
T SEC. 36-T.5N.-R.65W.
NORTHEAST CORNER
SEC.36-7.5N.—R.65W.
COUNTY ROAD 52 — #6 rebar 2 1/2" alun
cap stamped L59644
N89'56'15" E 2639.32' N_89'56'15" E 2637.85'
NORTHWEST CORNER
SEC. 36—T.SN.—R.65W. 1315'
n #6 rebar w/ 3 1/4" alum. z N
o cap stomped LS7242 Io
p el 800' x Or drilling wind�i7
-!I NORTH QUARTER CORNER a
Col SEC.36-7.5N.-R.65W. + o
j' #6 rebar w/ 3 1/4" alum. ' CiI)
m cap stamped LS7242 f — — m
Ntti
a, Oil :LEV.= 4749 q
1\ I WEST QUARTER CORNER a r^'„e4
NI, a, I SEC.36-4.5N.—R.65W. OII I I�Q
q #6 rebar w/ 3 1/4" alum. w 1318' °'
cap stamped LS4392
O�i N 89'38'52" E 263432'
J
.k, N 89'38'52" E 2634.90_ Q
CENTER QUARTER' CORNER Ca
EAST QUARTER CORNER
N z SEC.36—T.5N.—R.65W. SEC.36—T.5N.—R.65W.
Q o l o I #6 rebor w/ 3 1/4" alum. lo #6 rebar w/ 3 1/4" alurr
V u I 4 I cap stamped LS9644 I0 cap stamped LS22098
Lo 4:'
o
m It
f m
SOUTHEAST CORNER
ce - SOUTHWEST CORNER a SOUTH QUARTER CORNER SEC.36-T.5N.-R.65W.
I-4 ' SEC.36-7.5N.-R.65W. f° I SEC.36-115N.—R.65W. IN #6 rebor 2 1/2" alum.
u I #6 rebar w/ 3 1/4" alum. J I #6 rebar w/ 2 1/2" alum.
LI cap stamped LS9644
cap stamped LS4392 cap stamped LS9644
N 89'33'58" E 2631.56' S 89'34'14" W 2632.10'
COUNTY ROAD 50
King Surveyors Inc. of Windsor, Colorado has in accordance with a request from DjpQj .
Donner—Weida for Prima Oil & Gas Company determined the location of State 36-1@ to be
1315' from North line and 1318' from the East line of Section 36, Township 5 North, Range
65 West of the Sixth Principal Meridian, C- of Weld, State of Colorado.
REGIs7.
I, hereby certify that this plat i Qp�eO'g '.p tation of a correct
survey showing ,- location of Ft.O t9r 1000 500 0 1000
O....J • r •
1 •9 / -
Si ! :3 3►
"i' + L � 1 " 1000'
r ce S. Pepek—On behalf of t.. .Surveyors,.C•. -
sed Land Surveyor No. 33642 11`SS I'VAL11 � sGrba oundedelonaannobserved shown sGPS elevation
aroximate and
State of Colorado (NAVD 1988 DATUM).
AINO SURVEYORS,' INC. PROJECT NO: 2004357 a`I�� 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 8/25/04
\/ PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: PRIMA OIL
WWW.KINGSURVEYORS.COM DWG: 2004357WELL.DWG
- STATE WELL LOCATION �CINI1 1 LOCATION
I SEC. 36—T.5N.—R.65W.
/`!r e ,•". I . .
r I i
. i ✓ . t f;a1*1.;
t . . , _ z .... .. .
.. ., ,
, , _ .
. . ....
.... ,
-'` a ,,,,. I _. _
ice, / '/� _
- N 'COUNTY..80.4 e '
" STATE'36-15•1 _ 1soof ; 8001 GW . drilling window.. `i [7'Iv IfRR LATHAM COUNTY ROAD 50
ch
ttStRVOIR I Ns -
-- .S J _ 1 6 - -
V- 1
1
I
y
l I ..:�
- 'II � 11 I - ,
I sw
/,i PPg0 RWGIS III , ;. 1
0: 6 's 1 4000 2000 0 4000
1 "= 4000'
/ONO SURVEYORS, INC. PROJECT NO: 2004357
_ 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 8/25/04
, �V PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: PRIMA OIL
WWW.KINGSURVEYORS.COM VEYORS.COM DWG: 2004357WELL.DWG
EXHIBIT E
To Surface Access Agreement
PLAT OF DRILLING WINDOW IN RELATION TO DEVELOPMENT LANDS
_-..Sn
MI _
t I l 009 W Op • 00 1
iiiii It
I t : 1
r3 I\4nZ y, gli .•e ems. LS
�� .� .e : rue -14r-
t
• } �Q " e • ii p ihip i 5
y_ I
iliC4141): (IA
` rtri
§3 Tll; b: l g i psi
PI 11 1
i. 6 e
--__Vr... 5. r_. vm ES 1, , FICI i
lel
Pi 1 i 41
xi
I i I it
9 ' I
P
•. 1
1. 14 lic
Po! €��83 p g�WI I
:. \I
AI ..g i lull_ i �/
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 12/1/04 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, Michelle Martin , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR_PZ-1050 IN THE AGRICULTURAL ZONE DISTRICT.
Michelle Martin
Name of Person Posting Sign
-,.-1(.:(71
-Signature of Herson Hosting Sign
STATE OF COLORADO , )
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this I- day of -C_El\'Ui V. , 2004.
WITNESS my hand and official seal. Ar ru.2%,
/
sewn
1)3e-thic\fTh.“\c.an
tary Public (',�j`., • �
My Commission Expires: ID
EXHIBIT
I
P-t-P/O
•
lk Y ay 43 a kt r.:v i� -4. :f : 5'w
i
y
bb� .Ft L.
r
ti
9 3 h, � x a.. ifigia r
.rty,�R 3 x `� yey
•
a � �� �
..34-w..,,..„„„„.,;„:,-,,„.,--,:.....,... ..7......
n-..w k ""°.r+.... --4: .^`w:' -.,;,c gyy .F x' :':1�r x } x:: F ih?
' rs y y j +.L a ,, .,',.,.,,I.:,71,,:,,,,,,,,,,,,,,,,
Vie. ¢ x . '.� • *
k !lit e!
y,
gµ 5 .
Y" { l.+F' k 'S _. i^`, S �L,��p�ye '+.,, gam.,.
A t
e, ,
vaned
iLlOV e00
ST<,_ a- N„ __a:_ 72S
lit i i ii 6 I, il.le ,
1 lip I Ilhfig
1 1� °l 1 1 • u. c 1197 ill: III_ ___'''''"'_`_'1'r"^ /� ° �' 7—
l04fr6r ill, 1a` ici. i ,
iL tit —A/—
ikrif. 4-1
ill 1l 'l., �l �° 1 i s 1 \ i
}. S /.,.
q
,i Ml awl AI
11
I { ",Iro114!II . _� • ,..,i1,1
F ti :,
1 rw ate- n r—.d
• b. 1 T' A 41 i fi 1 ii4 "I 1 / r •1!
ea_
i' ) i ; i , � dry
I I
Il �
i ; r .�c/ i
-I1i / �
i iy 'I /i (i - .
i\
� ' Y
Ott! hd67 likis
ff J
•nA; 90�p • .1.9CA
Imo- aw n} W— /.
tr 9/
it
i
i 1r
2111
404.67'
51 .49'
103' i \
I I LOT 1 , a.
®CK 1 BLOC2 ��
i �, z
200'R i
, .. ,
r
9 1
]yg{
EXHIBIT
1 --
- 75' f
WCR 52
I
r 100' RADIUS
LOT 1 , BLOCK 1 /
AREA= 1 .578 AC LOT 1 , BLOCK 2
/ AREA= 1 .844 AC
150' RADIUS
I I
I I I I
I SCALE: 1 "= 100' E MBE
I IcLI I i __JC
I 1 \ 1
I ` \ K \
Exhibit L is a 2 -Page
Oversized Plat Map
Please see Original File
MEMORANDUM
Wi` a TO: Weld County Board of County Commissioners
COLORADO DATE: December 15, 2004
FROM: Michelle Martin //rill
SUBJECT: PZ-1050
The Department of Planning Services would like to recommend the following changes to the
resolution.
Items 1.A2 and 1.A.5 though 1.A.8 can be removed from the resolution. The applicant has
submitted a revised plat plan that has addressed these issues.
EXHIBIT
-p2 -#p5.
Hello