HomeMy WebLinkAbout20030044.tiff EXHTBTT A
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number
Date Application Checked By:
Planner Assigned to Case:
TO BE COMPLETED BY THE APPLICANT: (Print or type only except for required signatures).
I(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County
Commissioners concerning the proposed PUD rezoning of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: E 1/2, Section 33, Township 2N, Range 68W of the 6th PM,
Weld County, Colorado
(If additional space is required, attach an additional sheet of this same size or a copy of the deed)
PARCEL NUMBER: 1 3 1 3 3 3 0 0 0 0 2 5 (12 digit number-found on TAX I.D. or obtained at the Assessor's
Office)
NAME OF PROPOSED PUD SUBDIVISION The Pointe
EXISTING ZONING Agricultural PROPOSED ZONING PUD - Estate Residential
TOTAL ACREAGE 187 +/- OVERLAY DISTRICTS None
PROPOSED DEVELOPMENT GUIDE SUBMITTAL (Specific or Conceptual)
Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING:
NAME Weld County Land Company, LLC PHONE 303/442-2299
ADDRESS 2500 Arapahoe Avenue, Suite 220, Boulder, CO 80302
NAME NA PHONE
ADDRESS
APPLICANT OR AUTHORIZED AGENT (if different than above ')
NAME Mike Burns
ADDRESS 2500 Arapahoe Avenue, Suite 220, Boulder, CO 80302
HOME TELEPHONE 303/588 4103 BUSINESS TELEPHONE 303/442-2299 X f:3
If agent is different from the property owner, please submit written documentation fro e pro wner
authorizing said agent to represent the owner.
Signature: wner or orized Agent
8 2003-0044
C
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THE POINTE W'
WELD COUNTY, COLORADO
CHANGE OF ZONE
SPECIFIC GUIDE
SUBMITTED
OCTOBER 2001
APPLICANT:
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC
2500 ARAPAHOE AVENUE
BOULDER, CO 80302
(303) 442-2299
CONTACT: MIKE BURNS
OWNER:
WELD COUNTY LAND COMPANY, LLC
2500 ARAPAHOE AVENUE
BOULDER, CO 80302
(303) 442-2299
AUTHORIZED REPRESENTATIVE: MIKE BURNS
EXHIBIT
The Applicants responses to the Sketch Plan comments for The Pointe are
delineated in bold text throughout.
RE: S-592, Planned Unit Development Sketch Plan for 37 lots with approximately 44
acres of Open Space, Described as the W2 of Section 33, T2N, R68W of the 6`h
P.M., Weld County, Colorado
ADHERENCE TO CHAPTER 22 OF THE WELD COUNTY CODE,
COMPREHENSIVE PLAN, GOALS AND POLICIES
A.Goal 1 — "Preserve prime farmland for agricultural purposes which foster the economic
health and continuance of agriculture." The preservation of prime farmland is one of the
primary goals of Chapter 22 of the Weld County Code. The proposed PUD site is
designated as "Prime" and some "Other lands" by the USDA Soil Conservation Service
and Colorado State University Cooperative Extension Service. Incompatibilities with
existing surrounding land uses do and will continue to exist.
It is our understanding, that the County originally delineated the site as
prime agricultural farmland based on a soil survey. In reality the flag like
shape of the property ownership and the impact of the well sites, access roads
and historic strip mining operation and spoil pile do not provide for a
productive farming operation.
A.Goal 3 — "Discourage urban-scale residential, commercial, and industrial development
which is not located adjacent to existing incorporated municipalities." The proposal is
not adjacent to an existing municipality nor is it within a defined urban growth boundary.
Chapter 23 of the Weld County Code defines non-urban scale development as
developments comprising of nine or less residential lots, located in a non-urban area as
defined by Section 22 of the Weld County Code, not adjacent to other PUD's,
subdivisions, municipally boundaries or urban growth corridors. This application
proposes 37 lots and does not meet the criteria of this goal.
Though this development is defined as urban by the most recently revised
Weld County code, 5 du/ gross acre are consistent with other developments
in this area. The Wildflower (Country Meadows Farm) project located in
Frederick immediately NE of The Pointe (Exhibit BB) is an urban scale
development with 1 acre lots on septic and smaller lots to be served by the a
municipal sewer system. In addition, the attached letters (Exhibit(s) Y and
Z) from the Town's of Frederick and Erie delineate this as are which neither
jurisdiction is interested in annexing, but development that is consistent with
Erie's Comprehensive Plan. The proposed IGA between Frederick and Erie
specifically delineates Erie as the governing jurisdiction for this are NW of
WCR#7 and State Highway 52 (Exhibit AA).
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Section 22-5-50.A.2.a (O.Policy 1.1) of the Weld County Code discourages uses other
than open space, agriculture, parks, recreation, and other related activities in flood plain,
seep areas, geological fault areas, and other areas having natural features of public
interest. All of the property is located within an area defined as a severe geological
hazard area, with eleven of the lots directly over the Erie Mine. All construction or
improvements occurring in the geological hazard areas shall comply with the Geological
Hazard Overlay District requirements of Article V, Division 2 of the Weld County Code,
prior to submitting the Change of Zone application.
We have provided additional letters from Western Environment and Ecology
and Scott Cox (Exhibit Q and R) and associates that appropriately define
this site as not a part of any Geologic Hazard Zone.
P.Goal 2 requires adequate facilities and services to assure the health, safety, and general
welfare of the present and future residents of Weld County. Prior to proceeding to the
Change of Zone phase, a Water Supply Information Summary shall be submitted to the
Office of the State Engineer, Division of Water Resources for their review. Application
materials indicate water service is to be provided by Left Hand Water District.
Appropriate documentation shall be provided which indicates not only that taps are
available, but provide assurances that these connections will be made. The style of
assurance may take several forms, however pre-purchase of taps, line extension
agreements, tap service agreements, or other form of "participation agreement" will be
acceptable. The agreements shall be approved by the Weld County Attorney's Office
prior to submitting the Change of Zone application.
The Left Hand Water District is the proposed municipal water supply
provider; their Tap Purchase Agreement is attached (Exhibit S).
Section 27-2-210 of the Weld County Code states "A PUD Zone District shall be
serviced by an adequate water supply." All PUD's shall be served by a public water
system as defined in this Chapter.
Noted
Section 27-2-176 of the Weld County Code states "A PUD Zone District shall be served
by an adequate sewage disposal system. All PUD's containing commercial and/or
industrial uses, or those considered urban scale development, shall be served by an
approved sewer system, as defined by the Board of County Commissioners. The
proposed subdivision shall comply with the sanitary sewage disposal requirements of the
overlay zone district."
Application materials indicate sewer service is to be provided by Individual Sewage
Disposal Systems. In a referral dated May 30, 2001 the Weld County Department of
Public Health and Environment indicated that due to poor soil conditions, setbacks to
ditches, ponds and wetland areas and the resultant available area for the development, the
Department recommends for denial of the proposed development.
The Percolation Test and Limited Investigation and follow up letter from
Scott Cox's and Associates (Exhibit(s) M and R) specifically discuss the
compliance of this submittal with the County's requirements for individual
sewage disposal systems)
In a referral dated May 14, 2001 from the St. Vrain Valley School District, the District
indicates that they oppose the development until there is capacity available at the schools
this development would impact. Any future applications shall address these and all other
district concerns as stated in the referral. Evidence that an agreement has been made with
the school district will be required prior to recording the final plat.
The applicant has provided correspondence with the St. Vrain Valley School
District that confirms the minimal impact of this development on the
District's school capacity.
It is the opinion of the Department of Planning Services that this proposal does not
adhere to several key Comprehensive Plan Goals and Policies for development in Weld
County, including prime farmland development, water issues, the scale of development,
as well as other issues not detailed in these comments.
Please see above
STREET/UTILITY/ACCESS STANDARDS
Section 27-6-50 of the Weld County Code states "Adjacent roadways shall be designed to
meet the full typical section specified in the Weld County Transportation Plan and
Chapter 24 of this Code. Improvements may include the construction of travel lanes,
shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required
improvements may also include the acquisition of right-of-way and construction
easements that will be dedicated to the public. Improvements attributed to the
development shall be consistent with the direct impact a particular development has on
the county road system as determined by a professional transportation study. The Road
Improvements Agreement and Roadway Construction Plans shall be considered by the
Board of County Commissioners." The property under consideration is accessed from
Weld County Road 7 and Colorado State Highway 52. The site is south of and adjacent
to Weld County Road 16. Weld County 7 is designated on the Transportation Plan Map
as a collector road requiring 80 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. Weld County Road 16 is not improved west of WCR 7.
According to Weld County records, 30 feet of right-of-way exists on the north side of the
section line. With the size of this development, WCR 16 shall be upgraded and paved on
a second access to the development provided off of WCR 16. Right-of-way for WCR 16
shall be dedicated. The plat shall be amended to show future right-of-way. The
additional right-of-way shall be dedicated to the county free of encumbrances.
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CHANGE OF ZONE- SPECIFIC GUIDE
TABLE OF CONTENTS
1. Executive Summary
2. Response to Sketch Plan Comments and Referrals
3. PUD Change of Zone
4. List of Exhibits
5. Exhibits - Attached
Community Developrre -t Croup, LLC
EXECUTIVE SUMMARY
October 2001
Mrs. Monica Daniels-Mika, Planning Director
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mrs. Daniels-Mika,
The Pointe PUD has previously completed the Sketch Plan phase of review and is now
submitting for Planned Unit Development consideration. Previously Mrs. Julie Chester was the
Planner assigned to this project. As Mrs. Chester is no longer with the County, I would like to
briefly outline the proposal as detailed in this submittal while addressing some of the critical
issues previously discussed with Mrs. Chester.
The Pointe is a proposed estate residential development site on approximately 187 acres in Weld
County, located northwest of the intersection of WCR #7 and Colorado State Highway 52. The
PUD proposal for this site consists of 37 residential units on lots that are a minimum of two (2)
acres with the total gross density of one (1) dwelling unit per five (5) acres. The vision for this
property is consistent with the surrounding area, maintaining a majority of the site in a native
condition while providing common open space via a proposed trail system and gazebos. The site
will be served by a municipal water supply and individual sewage disposal systems.
This PUD Change of Zone provides a comprehensive response to all of the Sketch Plan Staffs
and referral comments, in addition to the supplemental information required for approval of the
requested zoning. This package addresses concerns regarding the compliance of the proposed
urban development in this area in conjunction with the surrounding land uses and the adjacent
municipalities comprehensive plans, the impact of the development on the schools, and the
existence of and provisions for the integration of a number of physical features, including but not
limited to irrigation ditches, oil and gas operations, geological hazards and agricultural uses. In
addition, included as Exhibit D, we have attached the Estate Zone District Guidelines with the
revisions proposed for this PUD.
From working with Mrs. Chester we feel that we have addressed each of these issues and have
submitted a document that is in compliance with Weld County's PUD Change of Zone
Ordinance. We look forward to working with your staff on their comments to this submittal and
our subsequent Planning Commission and Board of County Commissioner's hearings.
Sincerely,
(C-TM ITY VELOPMENT GROUP OF ERIE, INC.
Mike Bu s
Arc Jr,IhCx c AV( !I )l J A 5A ]rt 220 • PA x alp 1, AL Lr: A 1: , ' H
( 3(23) /z% ///) • I ';x (i 1„) 1,11
The applicant has applied for and been given verbal approval of the
proposed HWY 52 access. Additionally at the direction of the County's
Public Works Department an additional access to WCR #7 has been
proposed in the existing WCR#16 R.O.W.
In a referral response dated June 5, 2001, the Weld County Department of Public Works
has indicated that Weld County Road 16 shall be improved and paved to provide
additional access. The required right-of-way for both the internal and external roadways
shall be dedicated to Weld County. The lots shall be reconfigured to reduce the block
length of 1500 feet. A stop sign and street name sign shall be located at all intersections.
The internal roadways shall be paved per the requirements of the soils report, provided by
the applicant. Any landscaping within the intersection sight distance triangle shall be less
than 3.5 feet at maturity. A drainage report shall be submitted bearing the stamp of a
professional engineer. A traffic study addressing the developer's mitigation plan shall be
provided.
A drainage report is included in this P.U.D. submittal. The traffic generation
numbers are based on engineering standards of 10 vehicle trips per day per
proposed residents.
It is required that the applicant meet with the Weld County Department of Public Works
to discuss the interior and adjacent roadway plans prior to submitting the Change of Zone
application. The Colorado Department of Transportation (CDOT) did not return their
referral response, however, any requirements that CDOT may have shall also be
addressed prior to the Change of Zone. It is suggested that the applicant meet with Gloria
Hice-Idler or Tess James at CDOT and submit written evidence from them. All
conditions required by the Department of Public Works and CDOT shall be addressed
prior to submitting the Change of Zone application. If their requirements cause the
applicant to re-design the subdivision, a new sketch Plan may be required.
Noted
In a referral response dated May 3, 2001, the Mountain View Fire Protection District
indicated that adequate water supply for fire protection must be provided for residential
subdivisions. There is language included in their referral letter that shall be added to the
development covenants at the final plan stage of the development. Fire hydrants shall be
spaced along fire apparatus access ways so that spacing between hydrants does not
exceed 500 feet and a hydrant is located within 250 feet of the front property lines of all
lots. The Fire District had several other minor concerns listed in their referral response
that shall be addressed by the applicant. The applicant shall submit written evidence with
the Change of Zone application that indicates all of the Fire District concerns have been
addressed.
Noted
In a referral response dated May 15, 2001, the Weld County Sheriff's Office indicated
that there were several features within the application that caused concern. The applicant
shall submit written evidence with the Change of Zone application that indicates that all
of the Weld County Sheriffs Office concerns have been addressed.
Noted
All permanent signs and sign structures shall be delineated on the plan and require
building permits. Stop signs, street name signs shall be required at all intersections, shall
be delineated on the plat and will require building permits. Stop signs, street name signs
and property addresses shall be posted prior to construction. A street name that does not
duplicate any others in the district shall be listed on the Change of Zone plat. Preliminary
property addresses shall be assigned by the Department of Planning Services at the
Change of Zone phase. The proposed street name and addresses shall be reviewed by the
appropriate post office, Mountain View Fire Protection District and the Weld County
Sheriff s Office prior to the submitting of Final Plan application.
All signage will meet the County's requirements.
The applicant shall address the Southwest Weld Road Impact Program Area 2 (Chapter
20, Article II of the Weld County Code) and adhere to the fee structure as required per
this Ordinance.
The applicant is providing Improvements Agreements (Exhibit W) and will
comply with the County's Road Impact Fee Program.
The applicant shall incorporate a bus stop/mail area at the entrance to the PUD.
A bus stop/ mail area is delineated on the plans at the HWY 52 access point.
Section 24-7-60 of the Weld County Code dictates utility easement standards for county
subdivisions. These standards are strictly enforced by the Weld County Utility Advisory
Committee, requiring a minimum width of twenty (20) feet apportioned equally on side
and rear lot lines within the development, and a minimum of fifteen (15) feet allocated
along front lot lines. Future submittals shall include the delineation of utility easements
on each lot as required.
Noted
LANDSCAPING/OPEN SPACE/HOMEOWNERS ASSOCIATION
Section 22-2-190.2.b (PUD.Policy 4.2) states that a planned development which includes
a residential use should provide common open space free of buildings, streets, driveways
or parking areas. The common open space should be designed and located to be easily
accessible to all the residents of the project and usable for open space and recreation.
Common open space is defined as any usable parcel of land or water unimproved and set
aside, dedicated, designated or reserved for public or private use or for the use and
enjoyment of owners or occupants of land adjoining or neighboring such an area. Open
space restrictions are permanent, not for a period of years. A Homeowners Association
shall be established before any residences are sold, and membership in the Association is
mandatory for each residential owner. The Homeowners Association is responsible for
liability insurance, taxes and maintenance of open space, street(s), private utilities and
other facilities. The open space lot functions as a separate parcel.
The Landscape Plan and Narrative delineate a community gathering area
including a gazebo and a trail system to and from this common element
throughout the development along the proposed street R.O.W. The trail
system, gazebo and bus/ mail area will be maintained by an 13OA. This level
of Open Space amenity is in line with the rural character of this large lot
subdivision.
The Department of Planning Services' staff has determined that the open space design
does not meet the intent of Chapter 22 (Comprehensive Plan) or Chapter 27 (Planned
Unit Development). The open space should be redesigned to allow for common, usable
areas as described in those ordinances and above.
USES/BULK REQUIREMENTS/COMPATIBILITY OF USES
Section 22-2-60.G.1 (A.Goal 7) of the Weld County Code encourages the protection of
agricultural land from encroachment by those urban uses which hinder the operational
efficiency and productivity of the agricultural uses. The intent of Chapter 22 of the Weld
County Code (Comprehensive Plan) is to minimize the incompatibilities that occur
between uses in the agricultural district and districts that allow urban-type uses. Historic
and surrounding agricultural uses should not be expected to surrender to the impacts of
urban development. Weld County operates under "Weld County's Right to Farm", as set
forth in the Chapter 22, Appendix 22-E of the Weld County Code, which is intended to
alert potential future residents of conflicts that may exist between agricultural and urban
uses. In future applications, the applicant shall address how the impact of 37 residential
lots would be compatible with existing surrounding land uses. Activities, sights, sounds
and smells of agricultural operations are common in this area. Occupants of this PUD
need to recognize that the agricultural uses shall not be considered nuisances so long as
they are operated in conformance with the law in a non-negligent manner. In addition,
the intent of "Weld County's Right to Farm" shall be incorporated into The Pointe
Planned Unit Development covenants.
Noted
The applicant shall include, in future applications, a copy of an agreement with the
Cottonwood Extension Ditch Company and the Sullivan Irrigation Ditch Company,
stipulating that the ditch activities have adequately been incorporated into the design of
the site or show evidence that an adequate attempt has been made to mitigate their
concerns.
The letters to the ditch companies requesting formalized agreements are
included. These letters are based on negotiations with representatives of the
applicable companies. We anticipate finalizing these agreements prior to any
public hearings.
The property under consideration is located within the designated three-mile referral area
of the City of Dacono and the Towns of Erie and Frederick. The proposal is not within
an urban growth boundary area or an Intergovernmental Agreement area. The applicant
shall address any of the concerns of the above listed towns and the City of Dacono as
indicated in their referral response dated June 5, 2001.
See letters previously mentioned.
Section 22-5-100.B.1 (OG.Policy 1.1) of the Weld County Code states "new planned unit
developments or subdivisions should be planned to take into account current and future
oil and gas drilling activity to the extent oil and gas development can reasonably be
anticipated." The applicant shall include in future applications a copy of an agreement
with the properties mineral owners, stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or show evidence that an
adequate attempt has been made to mitigate their concerns.
The Agreement for Compatible Development between the property owner
and the mineral rights owner is included (Exhibit G)
In a referral response from the Weld County Depaituient of Public Health and
Environment dated May 30, 2001, the department states that there are numerous existing
wetlands on the property. Silt fences shall be required on the down gradient portions of
the wetlands during construction to minimize sedimentation and pollution runoff. A
storm water discharge permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment may be required.
The wetlands are specifically addressed in the P.U.D. Specific Guide
(Exhibit(s) N and 0)
Section 27-2-40 of the Weld County Code states that Bulk Requirements (minimum
setback, offset, lot size, height of buildings and lot coverage) in the PUD zone district
may be varied from the requirements of a specific zone district. The applicant shall
indicate any variance from the Bulk Requirements listed in the (E) Estate Zone District.
The revised E (Estate) Zone District Bulk Requirements are included with
this P.U.D. submittal (Exhibit D)
DESIGN STANDARDS/IMPROVEMENTS AGREEMENT/SUBDIVISION
IMPROVEMENTS
Section 24-9-10 of the Weld County Code lists subdivision improvements that are the
responsibility of the property owner/developer to complete. The required Improvements
Agreement which is entered into between the owner/developer and Weld County
guarantees construction of all improvements in accordance with the approved PUD final
plan; the agreement is covered in Section 24-9-20 of the Weld County Code. At time of
submittal or prior to the Final Plan, a completed Improvements Agreement addressing
road construction and maintenance, landscaping and maintenance, utility extension,
signage, and any other applicable elements of the PUD shall be submitted for review and
approval.
The Improvements Agreements are included with this P.U.D. submittal
(Exhibit(s) W)
ENVIRONMENTAL CRITERIA
In a referral response dated May 14, 2001, the Colorado Geological Survey (C.G.S.)
stated that the information provided to them was insufficient for an accurate geologic
feasibility assessment. The following reports shall be provided to the C.G.S. prior to
submitting any future applications:
i-^ 1. Geologic Hazard Study
2. Subsurface Geotechnical Study
3. Development Proposal
The following items shall be addressed to the satisfaction of the C.G.S.:
1. Depth of coal strip mine
2. Fill material of strip mine
3. Foundation considerations
4. Subsidence
5. Future mining
6. Mineral rights
Before any work at this site begins that may involve the excavation or discharges of
dredged or fill material into water of the United States, which may include a ephemeral,
intermittent and perennial streams, lakes, ponds or wetlands, the property should be
examined for these areas pursuant to Section 404 of the Clean Water Act.
We have provided additional letters from Western Environment and Ecology
and Scott Cox (Exhibit Q and R) and associates that clarify the issues above
from their previously submitted reports.
THE POINTE
WELD COUNTY, COLORADO
PUD
CHANGE OF ZONE
SUBMITTED
OCTOBER 2001
APPLICANT:
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC
2500 ARAPAHOE AVENUE
BOULDER, CO 80302
(303) 442-2299
CONTACT: MIKE BURNS
OWNER:
WELD COUNTY LAND COMPANY, LLC
2500 ARAPAHOE AVENUE
BOULDER, CO 80302
(303) 442-2299
AUTHORIZED REPRESENTATIVE: MIKE BURNS
PUD Change of Zone - Step Two
5.1 The intent of this section is to outline the criteria for review of the Change of Zone
to a PUD Zone District. The PUD Zone District is established to ensure
compatibility with surrounding properties, as well as, to provide an opportunity for
flexibility and creative design techniques. A completed Change of Zone will
provide a thorough representation of the proposed USES, addressing all
externalities of the proposed USE.
5.2 The Change of Zone to a PUD shall be effective immediately upon the voting by
the Board of County Commissioners. However, no building permits shall be issued
and no development started within a PUD until a PUD Final Plan is approved and
recorded by the Weld County Clerk and Recorders Office.
5.3 Requirements for Submittal
5.3.1 The PUD Change of Zone application forms provided by the Department of
Planning Services and application fee.
EXHIBIT A: PUD Change of Zone Application
EXHIBIT B: Water Supply Information Summary
EXHIBIT C: Special Warranty Deed
EXHIBIT D: E (Estate) Zone District
5.3.2 A copy of any agreements signed by agricultural irrigation ditch companies
specifying the agreed upon treatment of any problems resulting from the location of
the ditch, or oil and gas facilities, if applicable.
EXHIBIT E: Lower Boulder Ditch Company Letter
EXHIBIT F: Liner/Erie Coal Creek Ditch Company Letter
EXHIBIT G: Agreement for Compatible Development
Dated November 14, 2000
Parties: Union Pacific Resources Company
Union Pacific Land Resources Corporation
And
Weld County Land Company, LLC
5.3.3 A certified list of the names, addresses and the corresponding parcel identification
number assigned by the Weld County Assessor of the owners of property (the
surface estate) within five hundred (500) feet of the property subject to the
application. The source of such list shall be the records of the Weld County
Assessor, or an ownership update from a title or abstract company or attorney,
derived from such records, or from the records of the Weld County Clerk and
Recorder. If the list was assembled from the records of the Weld County Assessor,
the applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
EXHIBIT H: Affidavit of Interested Land Owners — Surface Estate
5.3.4 A certified list of the names and addresses of mineral owners and lessees of mineral
owners on or under the parcel of land being considered. The source of such list
shall be assembled from the records of the Weld County Clerk and Recorder, or
from an ownership update derived from such records of a title or abstract company
or an attorney.
EXHIBIT I: Affidavit of Interest Owners Mineral and/or Subsurface
5.3.5 A Change of Zone Plat as described in Section 9.2 of this Ordinance.
EXHIBIT J: Change of Zone Plat
prepared by: Picket Engineering
5.3.6 A Specific or Conceptual Development Guide as described in Section 6 of this
Ordinance, which includes the eight (8) major components of the Development
Plan and stipulations required in this Ordinance.
EXHIBIT K: Specific Development Guide
5.3.7 Any additional information as required by the Department of Planning Services, the
Planning Commission or the Board of County Commissioners in order to determine
that the application meets the goals, policies, and standards set forth in this
Ordinance, the Comprehensive Plan, MUD Ordinance, Zoning and Subdivision
Ordinances and any applicable Intergovernmental Agreements.
LIST OF EXHIBITS
A. PUD Change of Zone Application
B. Water Supply Information Summary
C. Special Warranty Deed
D. E (Estate)Zone District
E. Lower Boulder Ditch Company—Letter Requesting Development Agreement
F. Liner/Erie Coal Creek Ditch Company—Letter Requesting Development Agreement
G. Agreement for Compatible Development
H. Affidavit of Interested Land Owners—Surface Estate
I. Affidavit of Interest Owners Mineral and/or Subsurface
J. Change of Zone Plat (24 x 36 plan in pocket)—Pickett Engineering
K. Specific Development Guide
L. Environmental Site Assessment
M. Percolation Test and Limited Investigation
N. Wetland Delineation Report
O. Army Corps of Engineers—Letter re: Wetlands Determination
P. Final Drainage Report(w/24 x 36 plan in pocket) —Pickett Engineering
Q. Western Environment and Ecology, Inc.—Letter re: Geological Hazards
R. Scott Cox& Associates - Letter re: Geological Hazards
S. Left Hand Water District Subdivision Tap Purchase Agreement
T. NCWCD Petition for Inclusion
U. State Highway Permit Application
V. St. Vrain School Impact Analysis
W. Weld County Improvements Agreements—Private and Public
X. Landscape Plan and Illustrative
Y. Town of Erie—Letter re: Comprehensive Plan Compliance
Z. Town of Frederick-Letter re: Comprehensive Plan Compliance
AA. Town of Frederick and Town of Erie—Proposed IGA
BB. Town of Frederick—Country Meadow Farms& Wildflower
CC. Wildlife Report and Letter from US Fish and Wildlife Service
DD. Land Owner Letter of Authorization
EE. Response Letter from St. Vrain Valley School District
FF. Response Letter from Weld County Sheriff
GG. Response Letter from Mountain View Fire Protection District
HH. Applicant Letter to Weld County Public Works Engineering Department
II. Applicant Letter to Mineral Rights Owner K.P. Kaufman Co.
JJ. Applicant Letter to Mineral Rights Owner Patina Oil and Gas Corp.
KK. Copy of Agreement with New Consolidated Lower Boulder Reservoir and Ditch Company
LL. Draft Copy of Agreement with Erie&Coal Creek Ditch and Reservoir Company
MM. Letter from State of Colorado Geological Survey
EXHTBTT D
APPENDIX D
Div 5. E(Estate)Zone District
Sec 23-3-400. Intent
The E (Estate) Zone District is intended to provide the present and future residents of the
COUNTY with areas in which to locate and establish residential land USES and land USES that are
compatible with residential areas. The E Zone District is intended to be located, designed and developed
in a manner that is compatible with Chapter 22 of this Code and the adopted MASTER PLANS of
affected municipalities. (Weld County Codification Ordinance 2000-1)
Sec 23-3-410. Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE
shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for
one (1) or more of the following USES. Land in the E Zone District must be USED in compliance with
the bulk requirements contained in Section 23-3-440 below. Uses within the E Zone District are subject
to the additional requirements contained in Articles IV and V of this Chapter.
A. One (1) SINGLE-FAMILY DWELLING per LEGAL LOT. The SINGLE-FAMILY
DWELLING shall be connected to and served by a PUBLIC WATER system and an adequate
sewage disposal system. The sewage disposal system shall comply with the Individual Sewage
Disposal Regulations contained in Chapter 30 of this Code. Evidence that PUBLIC WATER and an
adequate sewage disposal system are available to the LEGAL LOT shall be provided prior to the
issuance of a building permit.
B. One (1) MANUFACTURED HOME per LEGAL LOT. The MANUFACTURED HOME
shall be connected to and served by a PUBLIC WATER system and an adequate sewage disposal
system. The sewage disposal system shall comply with the Individual Sewage Disposal Regulations
contained in Chapter 30 of this Code. Evidence that PUBLIC WATER and an adequate sewage
disposal system are available to the LEGAL LOT shall be provided prior to the issuance of a
building permit.
C. FARMING, RANCHING and GARDENING
D. PUBLIC parks and PUBLIC recreation areas
E. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes.
F. Police and fire stations or facilitiec
G. UTILITY SERVICE FACILITIES. (Weld County Codification Ordinance 2000-1)
Sec 23-3-420. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the E Zone District
so long as they are clearly incidental and accessory to the Uses Allowed by Right in the E Zone District.
Such BUILDINGS, STRUCTURES, and USES must be designed, constructed and operated in
conformance with the bulk requirements contained in Section 23-3-440 below. ACCESSORY USES
within the E Zone District are also subject to the additional requirements contained in Articles IV and V
of this Chapter.
A. Garages, carports and parking areas.
B. Swimming pools,tennis courts, and similar RECREATIONAL FACILITIES.
C. SIGNS, in accordance with the provisions of Article IV, Division 2 of this Chapter.
D. HOME OCCUPATIONS.
E. Service BUILDINGS and facilities.
F. Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use Allowed
by Right in the E Zone District. (Weld County Codification Ordinance 2000-1).
Sec 23-3-430. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated
and maintained in the E Zone District upon approval of a permit in accordance with the requirements and
procedures set forth in Article II, Division 4 of this Chapter.
A. HOSPITAL,nursing home and rehabilitation center.
B. Private SCHOOL
C. Church.
D. PRIVATE RECREATIONAL FACILITY.
E. KENNEL, subject to the additional requirement of section 23 1 100 of this Chapter.
F. CHILD CARE CENTER.
G. Keeping, raising or boarding of EXOTIC ANIMALS.
H. HOME BUSINESS
I. OIL AND GAS PRODUCTION FACILITIES
J. USES similar to the USES listed above as Uses by Special Review as long as the USE
complies with the general intent of the E Zone District. (Weld County Codification Ordinance 2000-
1).
Sec 23-3-440. Bulk requirements.
The following Subsections list the bulk requirements for the E Zone District.
A. Minimum LOT size: two and-one-half acres.
B. Maximum LOT size: twenty (20) acres.
C. Minimum SETBACK: twenty (20 feet.
D. Minimum OFFSET: twenty (20 feet.
E. Minimum OFFSET for residences when ADJACENT to the A Zone District: forty (40)
feet.
F. Fences over six (6) feet in height are not required to comply with the minimum OFFSET
and may be located on the property line.
G. Maximum BUILDING HEIGHT: forty(40) feet.
I4 re r n^IIMA UNITS• 1 ea ei (8�
ANIMAL UNITS per LOT.
I. Minimum square footage of SINGLE-FAMILY SWELLING or MANUFACTURED
HOME: one thousand two hundred(1,200) square feet.
J. The combined GROSS FLOR AREA of all ACCESSORY BUILDINGS constructed after
the original effective date of this Chapter (August 25, 1981) on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling
subdivisions of less than ten (10) acres shall not exceed four percent(4%) of the total lot area,except
Trt' d TT D I A /T UD) hi 1. 1. Il adhere «o 1\ UD development stand rds
r
primary residence on the lot except by variance. Any accessory structure made nonconforming by
application of this Subsection may be repaired, replaced or restored in total.
K. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be
constructed of nonreflective materials.
L. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as
Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be
constructed within a two-hundred-foot radius of any tank battery or one-hundred-fifty-foot radius of
any wellhead. Any construction within a two-hundred-foot radius of any tank battery or one-
hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this Chapter in
accordance with Section 23-6-10 C. (Weld County Codification Ordinance 2000-1).
EXHTBTT E
Comrn , Hity Development Croup, PLC
Mr. Alfred Slater
President
Lower Boulder Ditch Company
7544 Weld County Road#24
Longmont, CO 80504
Dear Mr. Slater,
As the developer of The Pointe Subdivision, located northwest of the intersection of
WCR #7 and HWY 52 in Weld County (see map attached), I would like to via this letter
agree with the following conditions for our development in the area that abuts the Lower
Boulder Ditch(also known as The Sullivan Irrigation Ditch).
1. We will grant as part of the final plat a 60 easement located along the centerline
of the existing ditch for access, maintenance, etc.
2. We will construct as part of our development a 6' chain link fence along the entire
southeastern boundary of the easement.
3. We will provide signage in at least four places along the fence warning of the
dangers associated with the ditch, said signage shall be reviewed and approved by
the ditch company.
4. We will require all homeowners in our subdivision at closing to sign a disclosure
form regarding the existence of the ditch and the inherent dangers.
Please provide written confirmation that the aforementioned terms are acceptable.
Sincerely,
CQb1 VELOPMENT GROUP OF ERIE, INC.
i)(4 7\_,ilce Burins
Authorize Representative
attached: The Pointe PUD Sketch Plan
EXHTBTT F
CO mI � ty Developme-t Gro p, PLC
October I, 2001
Mr. Tom Haren
Liner/ Erie Coal Creek Ditch Company
c/o AgPro Environmental
4311 Highway 66
Suite 4
Longmont, CO 80504
Dear Tom,
The Pointe is a 37 unit proposed estate residential project currently processing in Weld
County. The Liner/ Erie Coal Creek ditch bisects the project in two locations. During
our previous discussions your expressed two concerns regarding our proposed
development adjacent to the ditch. The first concern was the width of the easement and
the number of lots adjacent to the southern crossing. The attached final plat represents
these changes to the southern ditch crossing, which include an increase in the width of the
easement from 30' to 50' and a lot revision that reduced the number of lots with ditch
frontage.
Your second concern was related to homeowner's complaints on similar projects that
have affected your ability to properly maintain the ditch. Though I cannot speak for the
Board of County Commissioners and their response to homeowner's complaints. I
believe we have addressed this issue in three ways. First, the 50' easement along the
portion of the ditch that you are currently maintaining will eliminate any physical
encroachment by adjacent property owners into the ditch right of way. Secondly, the
"Right to Farm" statement on the front of the final plat speaks specifically the farming
precedent in Weld County; a statement that I assume applies to your right to maintain
your ditch. Thirdly, we will provide a Disclosure Statment in the closing documents to
all of our home buyer's that specifically addresses your right to maintain the ditch and the
methods that you will use to maintain the ditch.
At this time we would like to move forward with a formal site improvement agreement
with the ditch company. Please call me if there is any additional need to meet on this
project or forward your site improvement agreement for our review and processing.
Sincerely,
COMMUNITY DEVELOPMENT GROUP OF ERIE, INC.
Mike B rns
attached: The Pointe— P.U.D Change of Zone — Final Plat
EXHTBTT a
AGREEMENT FOR COMPATIBLE DEVELOPMENT
THIS AGREEMENT FOR COMPATIBLE DEVELOPMENT is made and entered into this
14th day of November, 2000, among UNION PACIFIC RESOURCES COMPANY, a Delaware
corporation("UPRC"), and UNION PACIFIC LAND RESOURCES CORPORATION, a Nebraska
corporation("UPLRC"),both with an address for business of P.O. Box 1330,Houston,Texas 77251-
1330 and referred to hereinafter alone or together, as appropriate, as the "UP Entities" and WELD
COUNTY LAND COMPANY, LLC, a Colorado limited liability company, with an address for
business of 2500 Arapahoe, Suite 220, Boulder, Colorado 80302 ("Developer").
RECITALS
A. Community Development Group of Erie, LLC ("CDG") and UPLRC have entered
into an Offer to Purchase and Agreement of Sale ("Sales Agreement")that covers the sale by UPLRC
to CDG of portions of the surface estate and certain mineral interests in Weld County, Colorado,
for the property that is described in Exhibit "A" hereto (the "Property").
B. CDG has assigned all of its interests in the Sales Agreement to Developer.
C. Developer intends to purchase the Property in order to develop the surface in the
fsture.
D. The UP Entities, or either of them, own and will reserve to themselves the oil and gas
estate for the Property in any deed or deeds issued pursuant to the Sales Agreement.
E. The UP Entities, as owners of the oil and gas estate, or other companies or entities
pursuant to oil and gas leases or other agreements or assignments, have the right to explore for and
develop the oil and gas under the Property.
F. Oil and gas well sites and production sites and access roads and pipelines currently
are located on the Property.
G. Current Colorado Oil and Gas Conservation Commission ("COGCC") rules and
regulations would allow the owners and/or lessees of the oil and gas for the Property to locate
drillsites, one each in approximately the center of each quarter section and one in the center of each
quarter quarter section.
H. The parties enter into this Agreement for Compatible Development ("Agreement")
to provide for the coexistence and joint development of the surface estate and the oil and gas estate
and to delineate the process with which the parties shall comply with respect to the development of
the two estates.
r
NOW. THEREFORE. in consideration of the covenants and the mutual promises set forth
in the Sales Agreement and in this Agreement, including the representations set forth in the recitals,
the parties agree as follows:
1. THIS AGREEMENT SUPERCEDES EARLIER AGREEMENT.
This Agreement supercedes and replaces in its entirety the Agreement for Compatible
Development dated September 18. 1998 among UPLRC. UPRC, and CDG.
_'. DEFINITIONS.
(a) Application for Development includes a proposed subdivision plat, a planned
unit development, a special use permit application, an application for a preliminary or final plat or
plan, or any other designation for a surface development application used by a local jurisdiction, and
any annexation request and any application for zoning or rezoning.
(b) Oil and Gas Interest Owners include the UP Entities and the lessees identified
in oil and gas leases which have been recorded in the land records of Weld County, Colorado, or the
assignees of recorded oil and gas leases where a notice of the assignment has been recorded in the
land records of Weld County. Colorado and any other person or entity which a UP Entity identifies
in writing to Developer as having an interest in the Property.
(c) Oil and Gas Well Operator means any individual or entity which operates an
oil and gas well or other oil and gas facility on a Production Site or Well Site and whose identity,
address, and phone number is displayed on a sign situated at the Well Site or Production Site.
(d) Applicable Oil and Gas Interest Owners refers to those Oil and Gas Interest
Owners who have an interest in the parcel of property that is the subject of an Application for
Development.
(e) Oil and Gas includes all oil, gas and associated liquid hydrocarbons. coal gas,
coalbed methane, nitrogen, carbon dioxide, helium and all other natural gases.
(f) Production Site means that area surrounding proposed or existing production
pits or other accessory equipment required in oil and gas production. at which may also be located
tanks and tank batteries, exclusive of transmission and gathering pipelines.
(g) Proposed Production Site or Well Site means a site that is set aside as a future
location pursuant to Section 4.
(h) Surface Use Agreement means a surface use agreement referred to herein to
be entered into between Developer and the applicable Oil and Gas Interest Owners.
(i) Well Site means that area surrounding a proposed or existing well or wells
and accessory structures and equipment necessary for drilling, completion, recompletion. workover,
development and production activities.
3. EXISTING WELL SITE AND PRODUCTION SITE LOCATIONS. The following
terms shall apply to all Well Sites and Production Sites that are in existence at the time Developer
files an Application for Development:
(a) Lot lines for surface development shall be platted no closer than 200 feet from
wellheads and from oil and gas facilities, including tank batteries, meter stations and separators. or
any greater distance as is required by local regulations.
(b) Oil and Gas Interest Owners may continue to use their historic access to
existing Well Sites and Production Sites and other oil and gas facilities and their historic easements
for pipelines: provided, however, Developer and the operator of a Well Site or Production Site or
pipeline may mutually agree upon alternate access routes and pipeline easements, all costs and
expenses of relocations to be borne by Developer.
(c) Developer shall give advance notice to and meet at the site with
representatives of the Oil and Gas Well Operator or the affected Oil and Gas Interest Owners to
locate existing pipelines and to coordinate proposed surface construction activities with current and
prospective oil and gas operations.
4. PROPOSED WELL SITE AND PRODUCTION SITE LOCATIONS. The following
terms shall apply to proposed Production Sites and Well Sites:
(a) Prior to the approval of an Application for Development, other than for
annexation and rezoning requests. Developer shall use its best efforts to meet with the applicable Oil
and Gas Interest Owners to agree upon the number and location of future Well Site and Production
Site locations to be installed on the Property. In the event an agreement is reached, the parties shall
enter into a Surface Use Agreement specific to the parcel to be developed. In the event Developer
and the applicable Oil and Gas Interest Owners cannot reach an agreement upon the number and
location of future Well Sites and Production Sites or on the terms of a Surface Use Agreement.
Developer shall, in connection with its Application for Development, include proposed Production
Sites and Well Sites in the center of each quarter section and in the center of each quarter quarter
section that conform to the locations identified in COGCC Rule 318A.a(1) and (2), a copy of which
is attached to this Agreement as Exhibit B; provided, however, the size of the Well Sites and
Production Sites shall conform to the description in Subsection 4.(b)(i).
(b) In locating Well Sites and Production Sites, access and pipeline easements.
the parties shall include in the Surface Use Agreement, or if no Surface Use Agreement is entered
-3-
into, Developer shall, in providing for such proposed Production Sites and Well Sites, provide at a
minimum, as follows:
(i) Each location shall include at least enough acreage to equal either
approximately a square of four acres or a circle with a diameter of 467 feet, which acreage
shall be reserved exclusively for oil and gas operations, so that surface property lines may
abut, but may not be included within such acreage.
(ii) More than one well with attendant facilities may be located at both
existing and proposed Well Sites and Production Sites subject to COGCC rules and
regulations.
(iii) Routes to access each Well Site And Production Site and the
location of pipeline easements shall be identified.
(iv) Subject to clause 4(b)(i), sufficient setbacks between buildings.
building units and lot lines and Well Sites and Production Sites or wellheads and production
facilities shall be provided to allow the Oil and Gas Interest Owners to comply with local
setback regulations to drill a well and to conduct subsequent oil and gas operations.
�. IMPACT MITIGATION. Developer shall bear all costs to install such noise and
visual impact mitigation measures it desires or the local jurisdiction or Weld County requires at or
around existing and proposed Well Sites and Production Sites which are in excess of or in addition
to those measures which are required by COGCC regulations for areas which are not high density:
provided, however, the operator of the Well Site or Production Site shall have reasonable discretion
to veto or protest the types and location of impact mitigation measures in order to allow for safe oil
and gas operations. To the extent required by law or regulation, the UP Entities shall bear the cost
of other impact mitigation measures. including environmental or hazardous materials cleanup.
remediation or mitigation for any of its operations on the Property.
6. ACCESS AND PIPELINE EASEMENTS. All existing and future access roads and
pipeline easements shall comply, at a minimum, as follow:
(a) Roads used for access shall be at least thirty (30) feet in width .
(b) Developer shall keep access that is jointly used by both surface occupants
and the public and the Oil and Gas Interest Owners in good condition and repair once Developer
has commenced development of the applicable parcel and until they are dedicated to a local
jurisdiction. With respect to any roads that are jointly used by both the surface owner and the
UP entities which are damaged as a result of actions or use by the UP entities or Developer, the
cost of such repair of such damage shall be paid by the party causing the damage.
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(c) Neither the UP Entities nor Developer shall unreasonably interfere with
the use by the other of access roads.
(d) All pipeline easements shall be fifty (50) feet in width during construction,
and thirty (30) feet in width during operations, transportation and maintenance activities.
Developer shall grant the pipeline easements (for production from the property and other lands)
to the Oil and Gas Interest Owners at the time they request them. It is the intention of the parties
that pipeline easements be located in the most reasonably direct routes and, to the extent
practicable, within dedicated rights-of-way and open space areas.
(e) Oil and Gas Interest Owners may install one or more pipelines within the
easements.
7. PLAT AND LOCAL APPLICATIONS. Developer shall identify on plats and in
Applications for Development (other than for annexation and rezoning requests) the locations
and size of all existing and proposed Well Sites and Production Sites and other oil and gas
facilities and existing and future access roads and pipeline easements, as well as the setbacks
between existing and proposed Well Sites and Production Sites and planned and existing lot
lines. Developer shall record a plat or other Application for Development which reflects the
foregoing in the office of the Clerk and Recorder of Weld County after it is approved by the local
jurisdiction.
S. NOTICE OF HEARINGS. Developer shall provide to each applicable Oil and
Gas Interest Owner and Oil and Gas Well Operators written notice fifteen (15) days before each
hearing on an Application for Development which affects such Oil and Gas Interest Owner's
property.
9. WAIVER OF CERTAIN REOUIREMENTS AND OBJECTIONS. Developer
hereby waives state and local setback regulations and other requirements that are inconsistent
with this Agreement or a Surface Use Agreement and also agrees to not object in any forum to
the use by Oil and Gas Interest Owners of the surface of the Property consistent with this
Agreement or a Surface Use Agreement. At the request of an Oil and Gas Interest Owner.
Developer shall provide such other written approvals and waivers which are reasonably
requested and consistent with this Agreement or an applicable Surface Use Agreement,
including, but not limited to. all approvals and waivers to drill a well or to conduct oil and gas
operations on the Property because of any law or regulation, including any local ordinance and
regulations of the COGCC and including, for example. waivers to the setback requirements in the
current COGCC Rule 603, if applicable, or any successor state or local setback regulation and to
any state setback requirement from a surface property line or for an exception location request.
,.-, -5-
10. COMPLIANCE WITH RULES AND REGULATIONS. Except as may be
otherwise provided in Section 9. Developer and the UP Entities agree to comply with all valid
and applicable federal, state and local regulations that pertain to the development of the surface
estate and the exploration and development of Oil and Gas on the Property. The UP Entities
shall make reasonable efforts to persuade Oil and Gas Interest Owners to enter into Surface Use
Agreements with Developer.
11. NO OBJECTION TO DEVELOPMENT. The UP Entities agree that they will not
object to a request by Developer to annex, rezone, plat or replat all or any portion of the Property
to the extent such request is consistent with the use by the Oil and Gas Interest Owners of the
surface of the Property in the manner identified in this Agreement and any applicable Surface
Use Agreement: provided, however, neither of the UP Entities shall be required to incur any
expenses in connection with such request.
12. UPRC OR UPLRC A PARTY TO SURFACE USE AGREEMENTS. UPRC or
UPLRC shall be a party to each Surface Use Agreement that is entered into between Developer
and other applicable Oil and Gas Interest Owners.
13. OIL AND GAS INTEREST OWNERS WHICH ARE KNOWN TO THE UP
ENTITIES. Attached as Exhibit C is a list of those entities which the UP Entities believe own a
leasehold or other Oil and Gas interest in the Property as of the date of this Agreement. The
Developer may not rely on this list, and is required to perform an independent investigation as
provided in Section 2(b) and provide notice to the applicable Oil and Gas Interest Owners and
Oil and Gas Well Operators.
14. WAIVER OF SURFACE DAMAGE PAYMENTS. In the event that Developer
and the applicable Oil and Gas Interest Owners do not enter into a Surface Use Agreement and
Developer is required under Section 4(a) to preserve drillsite locations at the locations identified
in COGCC Rules 318A ("Legal Locations"), Developer hereby agrees to waive all surface
damage payments for each and every well that is drilled at a Legal Location. Oil and Gas
Interest Owners may provide a copy of this Agreement to the COGCC 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.
15. ACKNOWLEDGMENT OF TITLE TO THE OIL AND GAS. As between the
panics. Developer specifically acknowledges the title of the UP Entities to the Oil and Gas
reserved and relinquishes all rights and claims thereto.
16. SURFACE OWNER CONSENT. Developer, for itself and its successors and
assigns. agrees that it will not withhold its consent as surface owner of the Property (if the UP
Entities, in their sole discretion, require such consent) to the exercise by the Oil and Gas Interest
'1 -6-
Owners of their rights to explore for and develop the Oil and Gas under the Property in
accordance with this Agreement or any applicable Surface Use Agreement and all applicable
laws and regulations.
17. CONFLICT IN AGREEMENTS. In the event of a conflict between this
Agreement and a Surface Use Agreement, the terms of the Surface Use Agreement shall control.
The provisions in a Surface Use Agreement shall supersede any inconsistent provisions in this
Agreement.
18. OIL AND GAS INTEREST OWNERS ARE BENEFICIARIES. The benefits of
the terms of this Agreement shall extend to the Oil and Gas Interest Owners, and any of them
may bring an action directly against Developer for damages or injuries sustained resulting from a
breach of this Agreement by Developer; however, nothing in this Agreement is intended to create
a cause of action by any Oil and Gas Interest Owner against either of the UP Entities or to
enlarge any right or interest created by any agreement or lease between a UP Entity and an Oil
and Gas Interest Owner.
19. RIGHTS OF OIL AND GAS LESSEES AND THEIR ASSIGNEES. Developer
understands and acknowledges that the UP Entities, or either of them, have entered into leases
and agreements with various entities for portions of the Property and that the UP Entities have
granted their lessees the exclusive right to explore for and develop the Oil and Gas that underlies
the property that is the subject of a lease. Developer further recognizes that the UP Entities enter
into this Agreement in their capacity as the owners of the Oil and Gas and to protect their
reversionary interest to explore for and develop the Oil and Gas at such time as a lease
terminates. In this regard, Developer is aware that the applicable Oil and Gas lessees or their
assignees have rights to explore for and develop the Oil and Gas that are not affected by this
Agreement.
20. NO LIMITATION ON RIGHTS. Except as provided herein with respect to the
Oil and Gas Interests of the UP Entities only, nothing in this Agreement is intended to limit the
rights of the Oil and Gas Interest Owners under the terms of their oil and gas leases and pursuant
to state law.
21. SUCCESSORS AND ASSIGNS. This Agreement and all of the covenants in it
shall be binding upon the personal representatives, heirs. successors and assigns of all of the
parties. and the benefits of this Agreement shall inure to their personal representatives, heirs.
successors and assigns: provided. however, this Agreement is not intended to bind Oil and Gas
Interest Owners other than the UP Entities and reference herein to the obligations of one or both
of the UP entities is strictly limited to such entities. This Agreement and all of the covenants in
it shall be covenants miming with the land.
22. RECORDING. This Agreement shall be recorded with the Clerk and Recorder of
Weld County at any time after Developer closes on the sale of all or any portion of the Property.
23. APPLICABILITY TO PROPERTY PURCHASED BY DEVELOPER. This
Agreement shall apply only to that portion of the Property that Developer purchases.
24. GOVERNING LAW. The validity, interpretation and performance of this
Agreement shall be governed and construed in accordance with the laws of the State of Colorado.
25. SEVERABILITY. If any part of this Agreement is found to be in conflict with
applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such
laws; however, the remainder of this Agreement shall be in full force and effect. In the event that
any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws
due to the term or period for which such part is in effect, the term or period for which such part
of this Agreement shall be in effect shall be limited to the longest period allowable which does
not cause such part to be unenforceable or in conflict with applicable laws.
26. NOTICES. Any notice or communication required or permitted by this
Agreement shall be given in writing either by (a) personal delivery; (b) expedited delivery
service with proof of delivery; (c) United States mail, postage prepaid, and registered or certified
mail with return receipt requested: or (d) prepaid telecopy or fax, the receipt of which shall be
acknowledged. addressed as follows:
UP Entities: Union Pacific Resources Company
c/o Anadarko Petroleum Corporation
Attention: Manager Western U.S. Land
P.O. Box 1330
17001 North Chase Drive
Houston, Texas 77251-1330
Developer: Weld County Land Company, LLC
2500 Arapahoe, Suite 220
Boulder, Colorado 80302
Attention: Jon Lee
with a copy to: Alan Lottner, Esq.
Lottner Rubin Fishman Brown & Saul, P.C.
633 17th Street, Suite 2700
Denver, Colorado 80202-3635
-8-
27. INCORPORATION BY REFERENCE. Exhibits A and B, and C are
incorporated herein by this reference.
28. COUNTERPART EXECUTIONS. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
29. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding
among the parties and supersedes any previous communications, representations or agreements,
whether oral or written. No change of any of the terms or conditions herein shall be valid or
binding on any party unless in writing and signed by an authorized representative of each party.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the date and year first above written.
UP ENTITIES:
UNION PACIFIC RESOURCES COMPANY,
a Delaware corporation
7
By: At),
Its: �7 - �:�
UNION PACIFIC L kND RESOURCES
CORPORATIO a Nebraska corporation
By: -
Its: a ,d _ _
DEVELOPER:
WELD COUNTY LAND COMPANY, LLC,
a ColoradoAmited liability company
By:
Its: AAdifli
-9-
STATE OF COLORADO )
CITY AND ) ss. •
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 14th day of November, 2000,
by /c fayq e F.• Vnr'f ey3 as Attorney-in-Fact of Union Pacific Land Resources
Corporation, a Nebraska corporation.
WITNESS my hand and official seal.
My Commission expires: 7/3/ /Q/
etikaaN .4- rriet.yc__
Notary Public /
STATE OF COLORADO )
CITY AND ) ss.
COUNTY of DENVER )
The foregoing instrument was acknowledged before me this 14th day of November. 2000,
by 'I 1-1r»e-5 L Lci.CCGro h . as Attorney-in-Fact of Union Pacific Resources Company, a
Delaware corporation.
WITNESS my hand and official seal.
My Commission expires: 71,-- 16-7
)E Le,4k2&i -7-274-e
Notary Public
STATE OF COLORADO )
CITY AND ) ss.
COUNTY of DENVER )
The foregoing instrument was acknowledged before me this 14th day of November, 2000,
by (Moil w-s g OLiIic1C , as n1n nay cy of Weld County Land Company,
LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My Commission expires: Y/ //0/
•
Notary Public
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