HomeMy WebLinkAbout20011054.tiff �,, ,�,, WELD
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2 Ti APP. 1 1 AM a: !f 5
April 3, 2001 RECE `,'ID
TO: Weld County Commissioners,
Weld County Attorney's Office
Weld Library District
Aims Community College
North Colorado Water Conservancy District
School District RE-5J
Milliken Fire Protection District
West Greeley Soil Conservation District
Little Thompson Water
FROM: Cheryl Aragon, Deputy City Clerk n� .
SUBJECT: Phillips-Kinzer #2 Annexation lJ `
The Greeley City Council received a petition for annexation of property located generally north and
east of Weld County Road 54 and State Route 257,known as the Phillps-Kinzer#1 Annexation.
Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation
is a part. A public hearing will be held on Tuesday,May 1,2001, to determine whether this property
is eligible for annexation.
A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and a
copy of the petition(s) as filed are attached. As indicated in the notice and resolution,the public
hearing will be held:
May 1, 2001
6:30 p.m.
City Council Chambers
Public Safety Building
919 Seventh Street
Greeley, Colorado
If additional information is desired or if you have questions,please call the City Clerk's Office at
350-9743.
Pkb)%C /levi2,u
y_ -ace/ Pe " AL/A2nI e4� Pio &M So /JL (E�)
SERVING OUR COMMUNITY • T 8 A TRADITION
We promise lopreserue andimprove the yuahiy of hfe for Sreeley lErouyE limey, courteous and cat!¢ 2001-1054
PLEASE PUBLISH THE ATTACHED NOTICE AND RESOLUTIONS ON THE FOLLOWING
DATES (PLEASE CONFIRM WITH INSERTION NUMBERS BY RETURN E-MAIL OR
FAX)
1. March 23, 2001
2. March 30, 2001
3. April 6,2001
4. April 13, 2001
Account Number 411030-7418
•
NOTICE
Notice is hereby given that the City Council of Greeley, Colorado, will hold public hearings on
proposed annexations of territories to the City of Greeley. The hearings shall be held on May 1,2001,
in the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of Greeley,
Colorado,beginning at 6:30 p.m. or as soon thereafter as the matter can be heard by the City Council
on that date. The purpose of the hearings is to determine whether said properties are eligible for
annexation under Colorado law. Persons wishing to examine the annexation petitions,resolutions,and
any exhibits thereto,may do so at the office of the City Clerk during business hours. These territories
are described in annexation petitions which have been filed with the City Clerk as:
• the"McCloskey Annexation"located generally south and east of W. 10th Street and 71st Avenue
• the"Phillips-Kinzer Annexation#1"located generally north and east of Weld County Road 54
and State Route 257
• the"Phillips-Kinzer Annexation#2"located generally north and east of Weld County Road 54
and State Route 257
Dated this 20th day of March, 2001.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 23, 2001
A RESOLUTION FOR THE PHILLIPS-KINZER ANNEXATION #2
ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH
STATE ANNEXATION LAWS AND SETTING A HEARING FOR
CONSIDERATION OF AN ANNEXATION
WHEREAS, Duke L. Phillips, Edward J. and Marjorie Kinzer submitted a petition to
the City of Greeley for annexation of property located generally north and east of Weld
County Road 54 and State Route 257 in Weld County, Colorado known as the"Phillips-
Kinzer Annexation#2"Annexation, more specifically described as Exhibit A; and
WHEREAS, the City of Greeley staff has found substantial compliance of the
annexation petition in conformance with C.R.S., § 31-12-101, et seq.;
WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date, time,
and place to hold a hearing to determine if the proposed annexation complies with § §
31-12-104 and 31-12-105, or such parts thereof, to establish eligibility for annexation to
the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and place
for said hearing.
NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF
THE CITY OF GREELEY, COLORADO.
1. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31-
12-105.
2. The public hearing for consideration of the proposed annexation petition is hereby
set for May 1, 2001, at the Greeley City Council Chambers, 919 7th Street,
Greeley, Colorado, during a regular City Council meeting beginning at 6:30 p.m.
3. The City Clerk is hereby authorized to publish and notify required parties
pursuant to C.R.S., § 31-12-108(2).
4. This resolution shall become effective immediately upon its passage.
PASSED, AND ADOPTED, SIGNED AND APPROVED this 20th day of March ,
2001.
ATTEST: THE CITY OF GREELEY, COLORADO
a By: 4�/V�'O
City C1e}'' Mayor
Exhibit A
Phillips—Kinzer Annexation #2
A parcel of land being part of Sections Thirteen (13), and Twenty—two (22)
through Twenty—Seven (27) inclusive, all in Township Five North (7.5N.), Range
Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of
Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 23 and assuming the South
line of the Southeast Quarter (SE1/4) of said Section 23 as bearing South 89'
42'01" West, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/92, a distance of 2628.49
feet with all other bearings contained herein relative thereto. From said point
the South line of the W1/2 of said Section 24 bears South 89'55'53" East a
distance of 2628.04 feet:
THENCE North 00'19'38" West along the West line of said Section 24 a distance
of 200.00 feet;
THENCE South 89'55'53" East a distance of 30.00 feet to the intersection with
the Easterly ROW line of Weld County Road #23 (WCR #23). Said point being
the TRUE POINT OF BEGINNING:
THENCE South 89'55'53" East a distance of 2597.34 feet to the East line of the
West Half (W1/2) of said Section 24;
THENCE South 00'31'32" East along said East line a distance 200.01 feet to the
South Quarter Corner of said Section 24;
THENCE South 00'28'07" East along the East line of the Northwest Quarter
(NW1/4) of Said Section 25 a distance of 30.00 feet to the Southerly
Right—Of—Way (ROW) line of Weld County Road #54 (WCR #54);
Thence along said Southerly ROW line by the following Three (3) courses and
distances and being a line Thirty feet (30') Southerly of as measured at right
angles to the North line of said Section 25 and 26;
THENCE North 89'55'53" West a distance of 2628.22 feet;
THENCE South 89'42'01" West a distance of 2628.40 feet;
THENCE South 89'42'01" West a distance of 2518.44 feet to the Easterly ROW
line of State Highway #257 (SH #257);
THENCE South 44'22'46" West along said Easterly ROW line a distance of 70.50
feet:
THENCE South 89'59'45" West a distance of 120.01 feet to the Westerly ROW line
of said SH #257;
Thence along said Westerly ROW line by the following Five (5) courses and
distances:
THENCE North 45'48'37" West a distance of 70.80 to the Southerly ROW line of
said WCR #54;
THENCE North 0014'44" West a distance of 60.00 feet to the Northerly ROW line
of said WCR #54;
THENCE North 44'30'13" East a distance of 70.70 feet;
THENCE North 00'24'26" West a distance of 5200.80 feet to the North line of
said Section 27;
THENCE North 89'41'28" East along said Northerly line a distance of 60.00 feet
to the Northwest Corner of said Section 23;
THENCE South 89'34'31" East along the Northerly line of said Section 23 a
distance of 60.00 feet to the Easterly ROW line of said SH #257;
THENCE North 00'30'04" West along said Easterly ROW line a distance of 30.00
feet to the Northerly ROW line of Weld County Rood #56 (WCR #56);
Thence along said Northerly ROW line by the following Two (2) courses and
distances and being aline Thirty feet (30') Northerly of as measured at right
angles to the Northerly line of said Section 23 and 24;
THENCE South 89'34'31" East a distance of 2572.90 feet;
THENCE South 89'37'59' East a distance of 2631.88 feet to the East line of
said Section 13;
THENCE South 00'31'54" East along said East line a distance of 30.00 feet to
the Southeast Corner of said Section 13;
THENCE South 89'37'25' East along the East line of said Section 23 o distance
of 30.00 feet to the Easterly ROW line of said WCR #23;
THENCE South 00'19'38" East along said Easterly ROW line a distance of 5016.99
feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 666.071 Acres, more or less (*) and is
subject to any rights—of—way or other easements as granted or reserved by , 1
instruments of record or as now existing on said described parcel of land. 1�
PETITION FOR ANNEXATION •
Phillips-Kinzer ANNEXATION #2 '
TO• THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF •
GREELEY, COLORADO:
•
The •
Colorado Revised Statutes, 1973,in accordance with amended, 1,hereby Arti e 12, the
101 et. seq ,
petition the City Council of the
City of Greeley for annexation to the City of Greeley of the territory described herein
and described and shown on the map designated, "Phillips-Kinzer Annexation #2
Annexation." Four(4) copies� of said map are submitted herewith and by this of
erence
are incorporated herein. description of the territory hereby petitioned fir annexation
to the City of Greeley is set forth in Exhibit A attached hereto and incorporated herein
by reference.
In support of this petition, the Petitioner(s) allege(s)•that:
1. It is desirable and necessary that the.above-described territory be annexed to the
City of Greeley.
• 2. The requirements of Section 31-12-104 and 31-12405 of the Colorado Revised
Statutes exist or have been met in that:
A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the City of Greeley, •
B. A community of interest exists between the territory proposed to be annexed
and the CSty of Greeley. •
C. The territory sought to,be annexed is urban or wIIl be urbanized in the near
•
D. The .-..t. • sought to be annexed is integrated or is capable of being : :: •
integrated the Cray of Greeley,
3. In establishing the boundaries of the territory proposed to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate; has/have been divided
into separate parts or parcels of real estate without the written consent of the land
owner or land owners thereof, except and unless where such tracts or parcels are
already separated by a dedicated street, read, or other public way.
4. In establishing the boundaries of the territory proposed to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate comprising twenty (20)
acres or more which, together with the buildings and improvements situated thereon
have an assessed valuation in excess of$200,000 for ad valorem tax purposes for
the year next preceding the filing of the written petition for annexation,
yQa.
has/have been included within the territory proposed to be annexed without tha ,4'u -
written consent of the land owner or land owners.
5. The territory proposed to be annexed does not include any area which is the same
or substantially the same area in which an election for an annexation to the City of
Greeley was held within the twelve months preceding the filing of this petition.
. 6. The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated
city, city and county, or town.
8. The property owned by each " 'oner is described on each•separate signature -
sheet and, when needed, more fully in the exhibits attached hereto and
incorporated herein by reference:
- .. . 9. The signer(s) of this petition comprise(s)mom than fifty percent(50%)of the land:_.
owners and owning more than fifty percent(50%)of the property, excluding public
streets and alleys, and any lath owned by the annexing , and are, in
• fact, owners of one lnmdred percent(100%) of the property set m Exhibit A
attached hereto and incorporated herein by reference.:
Accompanying this petition are the original and four copies of an annexation plat
map containing the following information:
A. A written legal description of the boundaries of the area proposed to be •
-
• annexed.
B. A map-showing the boundary of the area proposed to be annexed.
C. Within the annexation boundary map, an identification of the location of each
ownership tract in land au, ff part or all of the area is p .: 4—- the .
die ioariesimda y and p, numbers of say special districts the arealots and : proposed to
- be annexed may be part of. .
-D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
E. A surveyor's certificate prepared by a registered land surveyor that attests
to the preparation of the map and certifies at least one-sixth /6) contiguity -
to the City of Greeley.
F. Acceptance block describing the acceptance action of the City of Greeley and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to
execute acceptance of the ennvzation.
10. Except as otherwise provided, no territory of the 1
than three miles from a point on die wedmore
more than one year before this annexation be e, was established
11. As an expressed condition of annexation, land owner(s)consent(s) to inclusion into !`
the Northern Colorado Water Conservancy District aid the municipal subdistrict
pursuant to Section 37-45-136 (3.6) C.R.S. Land owner(s) acknowledges) that,
.upon inclusion into the district and subdistrict, land owner's(s') property will be
subject to the same mill levies and.special assessments as are levied or will be •
levW on other similarly situated property in the district and subdistiict at the tithe
of inclusion of land owner's(s') lands. Land owner(s) agree(s) to waive any .
to an elation which may exist to require an election pursuant to Article X, - •
20, of the Colorado Constitution before the district and subdistrict can "n, . such
mill levies and special assessments as it has the mrky to impose. owner(s)
also agree(s) to waive, upon inclusion, any right may exist to a refjmd
pursuant to Article X. Section 20, of the Colorado Constitution.
THEREFORE, the respectfully.-petitions) the_City-Council_.of-tha
Greeley, to annex the �ry described and referred to in Exhibit A to the of
.
._.__yGreeley in accordance with and pursuant to the statutes of the State of Colorado.
Land Owner(s) Names) and Signature(s) Mailing Address . Date of Sinning
Duke L. }P�hilliipss •��� 2209 Flora Court•
-
Q " •� geldl'e Loveland, CO 80537 y/n/e
Edward J. & Majorie A. Kinzer - - - . . — .
P.O. Box 114489 402/ �
771 oulder, CO 80306 `7/Z-z7oc
LL foregoiu nelli a"2 . bwwas/were subscribed and sworn to before me this Z z day' of
4
•
W my hand a official seal:
•
MY COMMISSION EXPIRES
DECEMBER 23, 2001
L4 •My Commission expires
Notary b c 4n k O�iq. .
Land Owned
Phillips: East Half of Section 23-T5N-R 67W
Kinzer: West Half of Section 23-T5N-R 67W
•
If nee-awry, attach separate sheet.
••
•'v.
AFF'IDAViT OF CIRCULATOR
STATE OF COLORADO • )
COUNTY OF WELD )
D✓KE L. �N1LtID�
/hae,joeii . . X-1,cazc.
Eciprr.crj-/ X i u7r, • being first duly sworn, states . .n oath that he/she is
the circulator of die . _• • • to which this Affidavit is attached . . knows of his/her own
knowledge that the signalize of each land owner appearing on said petition is the
signature of the person whose name it it to be.
arcfr;fo`-t—,
•
•
•
Theflor omg Afiid i was subscribed.
and sworn to before me this z day of
gtpr • rwgr b7 S/Jz'l VPcseYv1t�!�Ii-
Witness my hand and official seal.
MY COMMISSION EXPIRES
My Commission &vim DECEMBER 23, 20 1
b t'ODl1G .
CITY OF GREELEY ANNE CATION INTORMATION SHEET
The following information niquired io Woo= the annexadon of land
Greeley. Thls sheet must be attached to a=Wad annexation pedtiointo the qty of
n.
TO BE COMPLETED BY APPLICANT Date September 22, 2000
1. Name of Annexation Philli s-Kinzer Annexation #2
•
2. Name of Property owne$$)Duke L. Phillips/Edward J. & Marjorie A. Kinzer
Street or Road Addresses of All Properties to be Annexed.(Attach separate sheet
if necessary):
No address assigned-vacant land
• 3. Person to Contact (Name, Address and Phone) Duke L. Phillips
2209 Flora Court, Loveland Colorado 80537 (970) 481-6183 •
4. Size (m acres) 629 +/- Acres
Sites larger .than 10 acres require (as per C.R.S. 3142-108..5, amevdedj an
annexation impact report. The annexing body and @ Manly un y may
agree to waive such report, but a letter to that effect must accompany this petition.
. - Ciedc One: [x •Lead OwnenJnithted
• [• Owned C.R.S. 31-12.106)
[ Encave (CR.S. 3142-106)
•
• 5. Attach a list of ail Special districts(including school districts)of which the territory
proposed forannexadon is part.
•
6. Attach a list of all residents (and their addresses) of the territory proposed for
annexation who are not land'owners.
7. Attach a description of the intended use and development of the territory proposed
for annexation. Such a description should be as complete as possible and include:
N The location of existing streets and utility lines. •
•
S �L j land
usksdustaieartternsfacilitierd
existing zoning.
■ Estimated number of school students generated.
■ Number of dwelling units.
1A King Surveyors, Inc. 9299 Eastman Park Drive
Windsor. Colorado 80550
, (970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Special Districts
Phillips-Kinzer Annexation #2
City of Greeley - Planning Department
C/O City of Greeley
1000 10th Street
Greeley, Colorado 80631
The following information is provided as requested on the "City of Greeley Annexation
Information Sheet" for the above proposed annexation.
This annexation consists of most of Section Twenty-three (23) and a small portion of the
West Half(W1/2) of Section Twenty-four (24) all in Township Five North (T.5N.),
Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.).
According to the Weld County Treasurer's office there are no "Special Districts"
assessed to this property. The Weld County Assessors office does list the following
districts for this property:
Weld County
Weld Library District
West Greeley Soil Conservation District
School District#RE5J
Northern Colorado Water Conservancy District
Little Thompson Water
Johnstown Fire District
Aims Community College
This property contains no dwellings and therefore no residents.
The intended usage of this property would be light industrial and residential. The
property is bordered on the South Weld County Road #54 and on the West by State
Highway #257. The configuration and scope of any possible streets within the area at the
time of development is uncertain as no specific usage has been determined at this time.
Utility infrastructure is currently not in place but is anticipated and available for
expansion onto this property from the Northeast.
Page 1 of 2
Special Districts (continued)
Phillips-Kinzer Annexation #2
The property is currently zoned within Weld County as "Agricultural." It is intended to
apply for a zoning designation of"Holding Agricultural" until the property develops and
specific usages and areas can be delineated.
At this time no estimate can be made as to the number of dwellings that will be
developed and therefore estimate of the number of students can be estimated.
Respectfully submitted,
Charles B. Jones, PLS
Page 2 of 2
ART WILLIS ACCOUNTS
WELD COUNTY TREASURER WELD COUNTY TAX NOTICE R1627186
P.O.BOX 458
GREELEY.CO 80632-0458 1999 Taxes Due in 2000
LEG•L �ESC'I•TI�N •F ••�•E•TV T•XAUTHS'ITY TAX LEVY e.T�,. ` GENE' LT•X
22611 SE4 23 5 67 SRC UPRR RES (2R) WELD COUNTY 22.038 59.07
WELD LIBRARY 3.249 8.71
WEST GREELEY SOIL 0.414 1.11
SCHOOL DIST RH5J 42.948 115.10
NCW WATER 1.000 2.68
LTV? WATER 0.000 0.00
JOHNSTOWN FIRE 6.856 18.37
AIMS JUNIOR COL 6.343 17.00
SB No.25..in absence of State Legislative Funding,9 112•164
your School General Fund Levy would have been p TAX DISTRfgi33 ACTUAL PROPERTY VALUE 15 9255 VALUATION OF LAN° 2680 VALUATION IMPS OR PERS TOTAL VALUATION 2680 TOTAL 148 FULL TAX 222.04
PA"cELs ••vEa tax • •YMENT SCHE'ULE
095723000012 REAL IFNur,1:E•s •E •NEE ~
t eNT CT TFE SUFE• ILI4ECI4TE LY!
1st Half Tax DUE FEBRUARY 29 111.02
2nd Half Tax DUE JUNE 15 111.02
FULL PAYMENT 222.04
OR DUE MAY 1
PHILLIPS DORE L: THE TREASURERS OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
2209 FLORA CT. MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU
HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE
LOVELAND, CO 80537 NEW OWNER OR RETURN
�TOOTHIS OFFICE MARKED"PROPERTY SOLD"
Please see reverse side of this form for additional information. TAX NOTICE duplicate
RETAIN TOP PORTION FOR YOUR RECORDS.
ART WILLIS
WELD COUNTY TREASURER WELD COUNTY TAX NOTICE ACCOUNTS
P.O.BOX 458 R1626886
GREELEY,CO 80632-0458 • 1999 Taxes Due in 2000
LEGAL aESC'1•TI�N •F ••�•E•TY TAX AUTH••ITV TAX LEVY ,...._, "'"'" GENE' •LT X
22613 NW4 23 5 67 EXC UPRR RES (5R) WELD COUNTY 22.038 66.55
WELD LIBRARY 3.249 9.81
WEST GREELEY SOIL 0.414 1.25
SCHOOL DIST RE5J 42.948 129.70
NCR WATER 1.000 3.02
JOHNSTOWN FIRS 6.856 20.71
AIMS JUNIOR COL 6.343 19.16
•
•
•
Se No.25,..in absence of State Legislative Funding,i 112.164
your School General Fund Levy would have been
TAX DISTRt5t34 ACTUAL PROPERTY VALUE LS 0407 VALUATION OF LAND 3020 VALUATION IMPS OR PERS TOTAL VALUATION 3D2D TOT�l1Ev846 FULL TM 250.20
PARCEL/VV.O7 /L�
uN- I. FL-vEa•rnx • •YMENT SCHEeULE
095723000001 REAL IFNmI.=_NSA •EA-HeRe ~
CCr4T Cr IREASUFER Ir.R.,LpwTELVI••
1st Half Tax DUE FEBRUARY 29 125.10
2nd Half Tax DUE JUNE 15 125.10
FULL PAYMENT 250.20
OR DUE MAY 1
KINZER EDWARD J a MARJORIE A THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
P O BOX 4489 MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU
HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE
BOULDER, CO 80306 NEW OWNER OR RETURN TO THIS OFFICE MARKED'PROPERTY SOLD"
TAX NOTICE duplicate
Please see reverse side of this form for additional information. RETAIN TOP PORTION FOR YOUR RECORDS.
ART WCOUNTY TREASURER LIS VELD COUNTY TAX NOTII.c "°`°�""
WELD C
P.O.BOX 458 R1626986 •
GREELEY.0080632-0458 806320458 1999 Taxes Due in 2000
LEGAL DESCRIPTION OF PROPERTY TAX AUTHORITY TAX LEVY ""' GENERAL TAX
22612 SW4 23 5 67 EXC UPRR RES (4R) WELD COUNTY 22.038 56.42
WELD LIBRARY 3.249 8.32
WEST GREELEY SOIL 0.414 1.06
SCHOOL DIST RESJ 42.948 109.95
NCW WATER 1.000 2.56
JOHNSTOWN FIRE 6.856 17.55
AIMS JUNIOR COL 6.343 16.24
Pv� 4y 3 er1/4 it 1111 a 's, -
SB No.25, in absence of State Legislative Funding,4
your School General Fund Levy would have been 112.164
TAOIST ACTUAL PROPERTY VALUE IS VALUATION OF LAND VALUATION IMPS OR PERS TOTAL VALUATION TOT LEV FULL TAX
34 8841 2560 2560 li�1.i48 212.10
PARCEL _.. _ ..__.
095723000002 REAL Lrr.U1 PPIOFvtenRTAX �y PAYMENT SCHEDULE
IF r.u'13ERS APPEAR HERE
....:..,, HEAELRER IL¢:EC:1-ELY.
1st Hatt Tax DUE FEBRUARY 29 106.05
2nd Half Tax DUE JUNE 15 106.05
OR FULL PAYMENT 212.10
I - DUE MAY 1 ,
KINZER EDWARD J & MARJORIE A THE TREASURERS OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
P 0 BOX 4489 MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. IF YOU
HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE
BOULDER, CO 80306 NEW OWNER OR RETURN TO THIS OFFICE MARKED PROPERTY SOLD"
Please see reverse side of this form for additional information. TAX NOTICE duplicate
RETAIN TOP PORTION FOR YOUR RECORDS.
ARTVVILLIS
WELD COUNTY TREASURER WELD COUNTY TAX NOTICE ACCOUNT
P.O.BOX 458 R1627386
GREELEY,CO Rn832.0458 1999 Taxes Due in 2000
LEGAL •ESC'I•TI�N �F •'�•E•TV TAX AUTHe'ITV TAX LEVY °""'" GENE•AL TAX
22610 NE4 23 5 67 BBC UPRR RBS WELD COUNTY 22.038 t:ra ° 72.27
WELD LIBRARY 3.249 10.66
WEST GREELEY SOIL 0.414 1.36
SCHOOL DIST RE5J 42.948 140.87
NCW WATER 1.000 3.28
LTW WATER 0.000 0.00
JOHNSTOWN FIRE 6.856 22.49
AIMS JUNIOR COL 6.343 20.81
SB No.25.in absence al State Legislative Funding,4
your School General Fund Levy would have been 112.164
TAX DISTRIC%33 ACTUAL PROPERTY VALUE VALUATION OF LAND VALUATION IMPS OR PERS TOTAL VALUATION
V X1302 3280 3280 T°Ter848 `D`LTA' 271.74
PARCEL/
095723000018 REAL uN•AIS -u YEA-TA% �� • •YMENTSCHE•ULE
IFNUGsE-s EA•HERE
"C0NTACTT EASU ER'ItIC1E•I
a
1st Half Tax DUE FEBRUARY 29 135.87
2nd Half Tax DUE JUNE 15 135.87
OR FULL PAYMENT 271.74
DUE MAV 1
PHILLIPS DUKE L THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX
NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A
2209 FLORA CT. MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. IF YOU
HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE
LOVELAND, CO 80537 NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD"
Please see reverse side of this form for additional information. TAX NOTICE duplicate
RETAIN TOP PORTION FOR YOUR RECORDS.
WI4IrL,LI aS43MWAJOMOSy !!NrN'EX!!'I'-Io1N$ ea a na #2
`�
Part of Sections 23 and 24, Township 5 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado
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NOTE TO APPLICANT: LAND USE APPLICATION CITY OF GREELEY
Please pint ar type all required intormatloo This toxin Is ICOMMUNITY DEVELOPM1N DEPT.
NOT the complete submittal. Additionalappladon CASSNO. I
1000 10TH STREET
materiels.as well as the foe.are to be provided with this ACCOUNT NO. . . GREELEY,CO 80631
farm Staff will mvkwthe submittal and advise you of Its DATE COMPLETE (970)350-9780
•
for processing. APPLICATION RECEIVED i Planner
GENERAL1N ORMATION: Edward J. Kinzer PROJECT INFORMATION: •
TltmeofOwna(a) Marjorie A. Kinzer Ned Phillips-Kinzer Annexation #2
Address/Logaeon No address assigned-vacant land
Compl Address P.O. Box #4489 .
'
Boulder, CO 80306 .
AG �H8lding
Present Zoning proposed ze Requested Action
Telephone (( space is p
APP�Ag� Duke L. Phillips Part of tieonW1/2holf Section- 24-TSN4-R�)67W .
Part of Section 23-T5N-R 67W
' `.2209 Flora Court
Existing Site Uae(s): Agricultural
L . \ Loveland, CO 80537
.L'.-:;'' `1' Proposed SiteUse(s): Light Industrial/Residential
Tapia* (k70) 481-6183 629 +1- Acres
o � Site Area(Acres or Square Feet):
FEE INFORMATION:
Fee shall be examined on acataby-case basis and shall be bated on as estimated CERTIFICATION(S)
beady sate by the pro e t plasma which will also include estimated Tarim oasts blurt be by EACH owner of record or authorized officer,if a corporation;
ether City departments. Fees are due before processing proceeds eased proof of owaenhip wW be requested. Cospaatioas: Evidence of who b
Authorized to bind the corporation maybe requested.
X 230 We certify that the application and support materials provided to the City of Greeley
PUD(Caoan%Find,Original,Modified) $250 52.500 Tot the identified requests)are hue and accurate. We amhre fully aware of all
Use by Special Reviewr S250 $2.500 requests being made to the City of Oreoiey and authorize lodt or firms to
Am oidon $500 WOO represent,urinterest in thitljtheste request(s).OfbdiviskalRePhil am
VacetkinsAkdicationi $
100 S1,000 hiS200 51.000 �/GrC, e/ 7/�2Lcte ii ."-45.,/>,_
'�, j ,'
Special Use Panda $100 51.000 Name(P ) Signature
7te noeptandfioalp"mare.processed aonanrmtty,oabr one fee still beehac8ad N moo,ice. / ftl(/��.P Signature <�(ceJ (.C +��?�
M13ewwilbeaddhimalfeesforoilandgaswellstorecovercos4lncurredbythe O
Rae DepenanotaltetUSApamftapproval (Use Additional sheetifooxaray)
'Additional Mg fees requital to weld County Clem aid Exam. •
•
NOTE TO APPLICANT: LAN!)USE APPLICATION CITY OF GREELEY
Maas print aim all:equlrcd kiamaHon. This form is i COMMUNITY DEVELOPMENT DEPT.
NOT the amp*submiwt Addit(oaatappliation CASE NO. Itoo.i0THSTREET
maWlabas well asthefoe,are tobe provided with this ACCOUNT NO. GREELEY,CO80631
Stettin review the submhud and advise you of its DATE COMPLETE • (970)350-9780
completeness De procashm. APPLICATION RECEIVED i Planner
•
•
GENERAL INFORMATION: PROJECT INFORMATION:
N�O�OWmA(s) Duke L. Phillips Pro{ ' Phillips-Kinzer Annexation I)2
Address/Loa:don No address assigned-vacant land
2209 Flora Court
Loveland, CO 80537 .
Holding
PresehtZoing AG ProposedZoningAG Requested Action'
Telephone (970) 481-6183
Duke L. Phillips • Legal Deacripdon(attach if additional space is needed)
• AppEtam/Agent Part of the W1/2 of Section 24-T5N-R 67W ••
2209 Flora Court Part of Section 23-T5N-R 67W
Complae ress Add .
Loveland, CO 80537 jExlstingSltoUsc(s): Agricultural
Proposed Site Use(s): Light Industrial/Residential
T (97 •0) 481-6183 • 629 +/- Acres
Site Area(Acres or Square Feet):
FEE INFORMATION: CERTIFICATION(S): .
Pee shin be detamioed one ase-by-ase basis and shall be based on an estimated
hourly ate by the project planner which will also Include estimated review costs by Must be signed by EACH owner of record of authorized officer,if a corporation;
otlrerCitydgnrmaats. Fees ere due before processing proceeds. erurmtproof of ownership wWberequested Corporations: Evideaaof who is
Authorized to bind the corporation may be requested.
Din Z UWe certify that the application and support materials provided to the City of Greeley
iillthlgaCtOOW S250 $2,500 .
PUD(Concept.Final,Original,Modified') 1250 $2,5tq identified request(s)are i'r'e and accurate. We am/are fully aware of all
spy SpeciatIteviews $250 $'r.500 requests being made to the City of Greeley and authorize individuals or firms to
Atmmtim $500 $2.500 ; our interest request(s).
� �p �'��
V�' $200 $1,000 !1�KE � . �F/GL/AS 7i
Spedel Use Pendia S100 51,000 Name(print) Signature
4[tempt and final plans are.prooeuMeona ently,o lyonefeewillbediarged. Nome(print) Spume .
Mere will be additional fees fir oil and gas wells to recover costs lammed by the
Pia D-Qmttamt dterUSA permit approval
Addillanit filing fees:waked to WeldComp*Cat mid Reoader. • OM Additional Sheet ifneoearary)
Wi9299 Eastan Park Drive
\ King Surveyors, Inc. ndsor. Comlorado 80550
(970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Phillips-Kinzer Annexation #2
Narrative
City of Greeley - Planning Department
C/O City of Greeley
1000 10th Street
Greeley, Colorado 80631
The following material is provided to present information relative to the above proposed
annexation to the City of Greeley as required by the annexation procedures of the City of
Greeley.
h: The land in and around the City of Greeley presents few natural constraints to land
development. It is evident form the direct of the current growth, that the areas in the
Western portion of the City of Greeley are those that are experiencing this highest
development, both in the areas of commercial/industrial and residential usages.
This property is located entirely within the Long-Range Expected Growth Area
(LREGA).
is It is the intent to include this property within the Northern Colorado Water Conservancy
District and Subdistricts.
j: There are no existing ecological or other land usage which are hazardous currently
located on the property. There are existing oil/gas operations located on the property.
Adequate provisions will be taken at the time of development to insure no disruption of
these facilities. There are no flood hazard areas located on the property, which is located
within the Sheep Draw drainage basin.
k: The property is currently farmed. It is anticipated that these operations will continue
until the property is developed. It is intended to apply for a "Holding Agricultural"
zoning. The anticipated usage of this property at the time of final development will be
light industrial and residential.
Page 1 of 2
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Narrative (continued)
Phillips-Kinzer Annexation #2
1: There are many facets associated with the development of this property relative to the
sizing of the different usages. No estimate can be generated at this time addressing this
issue.
m: No estimate of the number of dwelling units can be generated at this time.
n: No estimate of the number of school students can be generated at this time.
Respectfully submitted,
iirtM
Charles B. Jones, PLS
Page 2 of 2
9299 Eastman Park Drive
King Surveyors, II 1�. Windsor, Colorado 80550
(970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Notification of Annexation
Section 23-T.5N.-R.67W.
Weld County, Colorado
Mr. Rob McLendon
McLendon Management Company LLC
2420 Springer, Suite 210
Norman, OK 73069
Dear Sirs:
The City of Greeley annexation regulations states that written notification be mailed to the
existing mineral rights owners at the time of application for annexation to that municipality.
We are therefore notifying you that we are at this time preparing the documentation to annex
most of the Section Twenty-three (23), Township Five North (T.5N.), Range Sixty-seven West
(R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado into the
jurisdiction of the City of Greeley.
If you have any questions please contact me at your convenience.
Respectfully submitted,
p�-1X1
Charles B. Jones, LS
\,�. King Surveyors, Inc. 9299 Eastman Park Drive
Windsor, Colorado 80550
\
I /
(970)686-5011 Fax: (970)686-5821
September 22, 2000
RE: Fire District Petition
Phillips-Kinzer Annexation #2
City of Greeley
1000 10th Street
Greeley, Colorado 80631
Dear Sirs:
The annexation procedure requirements for the City of Greeley requires that we petition the
existing Fire District for the purposes of being excluded from their district so that the property
may be included within the Fire District of the City of Greeley.
My understanding is that the City of Greeley complies a list of properties that have been annexed
into their jurisdiction during the preceding year and then submits one petition including all of
these properties.
We would therefore request that the property as contained within the Phillips-Kinzer Annexation
#2 included within the composite petition requesting it be removed from the existing fire district
and included within the City of Greeley jurisdiction.
I would be happy to answer any questions that you may have regarding this matter.
Respectfully submitted,
Charles B. Jones, P S
ADJOINING PROPERTY OWNERS
PHILLIPS-KINZER ANNEXATION #2
095713000012 095724000017
Shupe Bros Co Elaine Rosamond Goldberg
P.O. Box 1447 2792 S. Macon Circle
Greeley, Colorado 80632 Aurora, Colorado 80014
095714000031 095725000011
Elaine Rosamond Goldberg Roggen Disposal Inc.
2792 S. Macon Circle c/o Michael Cervi
Aurora, Colorado 80014 P.O. Box 169
Sterling, Colorado 80751
095714000032
Steven T. Roche 095726000023
1130 50th Avenue Roggen Disposal Inc.
Greeley, Colorado 80631 c/o Michael Cervi
P.O. Box 169
095715000012 Sterling, Colorado 80751
William J. Edwards
506 Shoshoni Street 095726000024
P.O. Box 2630 Booth Land & Livestock Inc
Cheyenne, Wyoming 82009 P.O. Box 72
Lucerne, Colorado 80646
095722000007
Harlan P. Hankins 095727000027
26997 Weld County Road#17 Melvin & Janice Callen
Johnstown, Colorado 80534 9952 Weld County Road#54
Milliken, Colorado 80543
095722000008
U S West Communications Inc
No Address
095722000009
Harlan P. Hankins
26997 Weld County Road#17
Johnstown, Colorado 80534
095724000013
Duke L. Phillips
2209 Flora Court
Loveland, Colorado 80537
Phillips-Kinzer Annexation#2 Shupe Bros Co Elaine Rosamond Goldberg
P.O. Box 1447 2792 S. Macon Circle
Label - Avery 5160 Greeley, Colorado 80632 Aurora, Colorado 80014
Steven T. Roche William J. Edwards Harlan P. Hankins
1130 50th Avenue 506 Shoshoni Street 26997 Weld County Road#17
Greeley, Colorado 80631 P.O. Box 2630 Johnstown, Colorado 80534
Cheyenne, Wyoming 82009
U S West Communications Inc Harlan P. Hankins Duke L. Phillips
No Address 26997 Weld County Road#17 2209 Flora Court
Johnstown, Colorado 80534 Loveland, Colorado 80537
Elaine Rosamond Goldberg Roggen Disposal Inc. Roggen Disposal Inc.
2792 S. Macon Circle c/o Michael Cervi c/o Michael Cervi
Aurora, Colorado 80014 P.O. Box 169 P.O. Box 169
Sterling, Colorado 80751 Sterling, Colorado 80751
Booth Land & Livestock Inc Melvin&Janice Callen
P.O. Box 72 9952 Weld County Road#54
Lucerne, Colorado 80646 Milliken, Colorado 80543
Form Approved-OMB No.0560-012
. U.S.DEPARTMENT OF AGRICULTURE . stun CO.CODE S GD It SIGN-UP NUMBER
Commodity Credit Corporation 08 123 918
CONSERVATION RESERVE PROGRAM CONTRACT COMRACTNUMBER 4. ACRES FORENROUMEn
/369 -sxs:a 5oS.B
7. COUNTY OFFICE ADDRESS AND PHONE NO.(area code) 5. FARM NUMBER B. TRACT NUMBERS)
WeldCounty FSA Office 1088 5839
4302 West 9th Str Rd . OFFER(Select one) 9. CONTRACTPERIOD
Greeley, Co 80634 STANDMD x'FROM tAMYY) (0421/Y)
970-356-8097 ENvwONJNTALPRCm Y 10/01/99 I9/30/20c
77155 CONTRACT ft entered into.bea n to Commoaty On Corpoadenprone to a 'CCC7 and to undersigned wen apemen araneMs(amp
Vwrur,'OpsaWr,end'Tenants,respectively)an the arm aameed above Ube maYbaraMedbTh
!IIMIOM udP )forth,-persons contract
prmlcsnysanMaeaaa.7M Peasedby The
Participant agrees to piece the designated stave ide the Canwmtlan Reserve h°iegnm MAP')brat atpdeadeahba3petad eau w deta the caneeerawaswbythe
CCC a*other use sin by CCC. The Prabpant also agues t hnpase t on slot designated aowge the Consignation pan aeaa.ad tor such acreage and approved by the CCC
and us Participant AddBauYi:the Participant and CCC ague a amply ne the hone and ruction wnaiud he aNs Contract imaroing eta Appends to Ns Carfa4 added
Append&to CRP.1.COASavasan Remy Program Contract(referred a as Appaedtr7. groping WOW,,S.Prabpadaa.rite 7w that a copy alga.apnea(tree
applicable sign-up penalise been provided to.such pram. Such parson also agrees to pay such fpardsad Omegas in at amount it the Appwdr rte Participant
madras prior to CCC aaaprraa or*MOM•The ins and co ndapru o/M&contract ant contained ht MP Fars CRP-1 end be the CRRI Apparder anti any addendum
these. BYS7GNNG THIS CONTRACT PRODUCERS-ACKNOWLEDGE RECEIPT OF THE POLLOSUNG PORMS: CAP-I;CAP-I Appendix andayaddendm thereto:
CRItt and deportable,CRP 1S and CRRt Cantax.tw.
10. OFFER FOR PERMISSION TO ALLEY CROP
In order to participate in CRP under CP19,Alley Cropping, Uwe submit an offer of $ per acre reduction, from the
amount specified in item 11A,in the annual rental payments for pem*ssion to produce agricultural commodities on eligible acres/n
accordance with the provisions for alley cropping set out in the applicable regulations. We understand that for each year of the CRP
contract the annual rental payment writ be reduced by the amount agreed to above, which reduction must be a reduction of at least 50
percent in the annual rental payment ffjj �L
��
11A Rental Rate Per Ape O 4 ,f� 12. Identification of CRP Land
8. Annual Contract Payment $ 1319 A. Tract No. B. Field No. C. Practice D. A
Qces E. Total C/S
•
C. First Year Payment $ 5839 1A,D3 CP-2 3 9,
(Item 11C applicable only to continuous signup
when the first year payment is prorated)
13. OWNERS,OPERATORS.AND TENANTS
A. OPERATOR NAME AND ADDRESS SOCIAL SECURITY NUMBER
Edward J Kinzer 522 2 4362
PO Box 4489 SI I 1;
/tr
/
Boulder, Co 80306-4489 % X
8. OWNER NAME AND ADDRESS UAL SECU
Marjorie A Kinzer 523 22 1257
PO Box 4489 SIGNATURE loam .
• Boulder, Co 80306-4489 % ILL 02 fir: X11
C. NAME AND ADDRESS SOCIAL SECURITY NUMBER
�v
SIGNATURE lDATE
14. CCC USE ONLY-Payments I SIGNATURE OF CCC REPRESEEEyNNTTTATTT11IVVVEEE -DATE
approved to the shares are ^' ^ /
approved l/,u�.--ex�. P
NOM The folkway snnaewnt 4 made in enatlancs with the e Pitney A el 1374 y USC 5524 end the Papa.set Remsaa Act of Mao r aerW4 the sherry Ir waft Sq Oa
oaewhp lerennetten is Me Feed Sena y Am el/584 tat L Qn-Ilea araede4 a•regossooproaugus 4 7 CM PART 1450 and fat heend newer.Cede as USC WM.
The arnneden requested k neeeaery lr CCC n mutate awlnem rs.eee to ewer SS a Cenwv•ar,Raw Pioaam Can le star Y dwrmaha dates,awl at
d rrnwu the cornet genial to the conaaet Ann*the requested Menem b mammy. Fare n Ana*the neeurwd ahmehre detest In dnrenndn Naeeetaay taw
saran program benefits and etar dnanebl mamma aw,wWfred by USDA agency. 71*hdemreren inn be parer n star a-shit a t bepaeeeeer of.Asset.r erne Rea
an Faded taw aNwssess t•pawna awl a reams to•cent meeMen of adnYWsaM ttn,M '7M paMran el emSW and cat lewd sonny bees,IS USC 254 287.
371,PM loot:15 USC 71em:and 31 USC 2724 may M apeasNt n the Aelennettea pemwsa
SSW Apnea our net come 4t r sweet,at a pear,b net neat•n;pond S.a toast ofhtamnden mSe a awn•candy read 058 need stun. Nola
npoae plan tar has swedes el hdwmeaa b wants to+'rap 4;Swig srnwnr sewers the Ste hr.owes bnnss.a awweMug rbal den Minn gstaa'Ai
and m inaieta me den nnded,as estpwap a,d.,mr..g the ceaean of Waeh_Wre Sad eenunms.a.tale aadee rune r any eat egret of ode tavern e
Intennetien aatr,Oase9rden he'eemip tale hares,to bprtww eApMnmen Chance OMs,OMM,MOM Ale.Macrons,a70P Mawnrderea at 30250-7536
MUM iris CMenn7>a FORM,TO YOUR COUNT FM OM=
This program or*ably will be conducted on a nondiscriminatory boa*Shout man)to ma,cab,religion,national origin,age,sit,mute ira4 aalsa65ty.
/ c
<a Form Approved-OMB No.0560-0
qRP-1 U.S.DEPARTME... OF AGRICULTURE 1. 5 .CO. CODE&CID 2. SIGN-Up NUMBER _
(C.1-30-97) Commodity Credit Corporation 08 123 #18
CONSERVATION RESERVE PROGRAM CONTRACT CONTRACT NUMBER b. ACRES FOR ENROLLME
202.0 Z.S9,,
7. COUNTY OFFICE ADDRESS AND PHONE NO. (area code) 5. FARM NUMBER 6. TRACT NUMBER(5)
Weld County FSA Office 1095 5838
4302 West 9th Str Rd 8. OFFER (Select one) 9. CONTRACT PERIOD
Greeley, Co 80634 STANDARD g FROM(MD/Y) TO(WD/Y)
970-356-8097 ENVIRONMENTAL PRIORITY � 10/01/99 19/30/2
THIS CONTRACT is entered into between the Commodity Credit Corporation(referred to as'CCC 1 and the undersigned owners,operators,or tenants(who may be referred to a:
'Owner','Operator'.and 7enanr.respectively)on the tar,identified above. The undersigned person or persons may hereafter collectively be referred to as the Participant.' Ti
Participant agrees to place the designated acreage into the Conservation Reserve Program('CRP')for the stipulated contract period from the date the Contract is executed by the
CCC or other use set by CCC. The Participant also agrees to implement on such designated acreage the Conservation Plan developed for such acreage and approved by the CC
and the Participant. Additionally,The Participant and CCC agree to comply with the terms and conditions contained in this Contract including the Appendix to this Contract,enntleo
Appendix to CRP-1. Conservation Reserve Program Contract(referred to as'Appendix"). By signing below.the Participant acknowledges that a copy of the Appendix for the
applicable sign-up period has been provided to such person. Such person also agrees to pay such liquidated damages in an amount specified in the Appendix if the Participant
withdraws prior to CCC acceptance or refection. The bane and conditions o/this contract are contained In this Form CRP-I and In the CRP-1 Appendix and any eddendu
thereto. BY SIGNING THIS CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF THE FOLLOWING FORMS: CRP-7;CAP-1 Appendix and any addendum thereto;
CRP-2;end If applicable,CRP-IS and CRP-1 Continuation.
10. OFFER FOR PERMISSION TO ALLEY CROP
In order to participate in CRP under CP19,Alley Cropping, 1/we submit an offer of $ per acre reduction, from the
amount specified in item 11A, in the annual rental payments for permission to produce agricultural commodities on eligible acres in
accordance with the provisions for alley cropping set out in the applicable regulations. Uwe understand that for each year of the CRP
contract the annual rental payment will be reduced by the amount agreed to above, which reduction must be a reduction of at least 50
percent in the annual rental payment.
11A. Rental Rate Per Acre Is A h ,Dc j12. Identification of CRP Land
B. Annual Contract Payment $ loiNe I A. Tract No.I8. Field No.' C. Practice D. Acres E. Total C/E
C. First Year Payment $ 15838 1A-1D CP-2 39? 548-7a3-
(Item 11C applicable only to continuous signup & W39.0 IC L68, / -144t9to-
when the first year payment is prorated.) %'7R4,7
19- OWNERS. OPERATORS,AND TFNANTS
A. OPERATOR NAME AND ADDRESS SOCIAL SECURITY NUMBER
Duke L Phillips 571 34 0482
2209 Flora Ct SI ATURE 'DATE
Loveland, Co 80537 100 toAA, (P //77-S-/?(
8. OWNER NAME AND ADDRESS SOCIAL SECURITY NUMBER
SIGNATURE 'DATE
C. NAME AND ADDRESS SOCIAL SECURITY NUMBER
SIGNATURE 'DATE
14. CCC USE ONLY- Payments I SIGNATURE OF CCC REPRESENTATIVE (DATE
according to the shares are
approved
NOTE: The following statement is made in accordance wan me Privacy Act o/1314 15 USC 552.1 and ins Paperwork Reduction Act o/ 1995.as&mended. The authority tot rwuestng the
lowwng n)ormet on is the Food Security Act o/ 1985,IPub.L 99.1981,as&mended.and regulations promulgated at 7 CPR PART 1410 and the Interne/avenue Code(26 USC 61091.
The information requested is necessary lot CCC to consider end process the offer to enter into a Conservation Reserve Program Contract, to anal in determining eligibility,end to
determine the count Parties to the contract. Furnishing the wonted H/ormetion is voluntary.
W. ,e t n to b. r the requested gc , we report ,n determination rwnace. DI ineligibility Hat an
Mt
certain program benefits and ntter Financial nd in es on onto a court magistrate gi a USDA wavy. Thin i may Oe provided n/prat wrlfrs. st tuteenmaN in Atka,r 6. 2 7,3 red
6er1l Gee en15 USC end 1 US 729,ma b a ppurt oerr rmeti n provided.
tribunal. The provisions o/viand and civil fraud snrutu,including it USC 786. 76),]]I,
651, 1001; /5 USC 114m;end 31 USC]]29,may be applicable to the n/ormewn
Federal Agencies may not conduct or sponsor,end a person is not required to respond to.a cannon o/in/omurien unless if displays a currently vale OMB control number. Public
reporting ourden la this collection o/information Is urinated to average 4 minutes per response,including the fine/or reviewing instructions,searching existing date sources,garnering
and maintaining the data needed,end completing end reviewing the collection of information. Send comments regarding this burden estimate or any other aspect a/this correction o/
n/ormation,including suggestions for reducing this burden.to Depenment of Agriculture,Clearance Officer,O/RM,tOMa No.0560-01251,STOP 7630, wMan daton,O.C. 202907630.
AETURN sea COMPLETED FORM TO YOUR cautery PEA offICE.
This program or activity will be conducted on a nondiscnrninetory basis without regard to race,color,religion,national origin,age,sex,mental status,or disability-
.
Original - County Office Copy
•
REPRODUCE LOCALLY. Include form number and date on all reproductions. Form Approved OMB No.05604/25
CRP-1 (Appendix) See CRP-1 for Privacy Act and Public Burden Statements
(02-12-97)
U.S.DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
APPENDIX TO FORM CRP-1, CONSERVATION RESERVE PROGRAM CONTRACT
DEFINITIONS
The following definitions are applicable to the Conservation Reserve Program (CRP)Contract
A CRP contract or CRP-1 means the program document including the applicable
contact appendix,conservation plan and the terms of any required easement, if
applicable,entered into between CCC and the participant Such contact shall set forth
the terms and conditions for participation hi the CRP and receipt of CRP payments.
B Current amicultaral market value for offer evaluation purposes means the amount in dollars per acre,
determined by CCC to be the adjusted price at which the land placed in the CRP could be rented based on
the average cash rental rate,or equivalent,per acre,paid for dryland cropland at the time at which this
contract is signed by the participant.
C Vegetative cover means perennial or permanent grasses,legumes,forbs,and shrubs with a life span of 10
years or more,or trees.
D All other words and phrases,unless the context of subject matte otherwise requires,shall have the
meanings assigned to them in the regulations governing the Conservation Reserve Program which are
found at 7 CFR part 1410. -
2 ELIGIBILITY REQUIREMENTS FOR CONSERVATION RESERVE PROGRAM
A By signing the CRP contract,the participant,except in the case of persons qualifying solely as a tenant,
certifies that such participant will control the land subject to the contact for the contract period and,if
applicable,the easement period and shall,upon demand,provide evidence to CCC demonstrating that such
participant will control the land for that period.
B Land otherwise eligible for the CRP shall not be eligible,except as agreed otherwise, in writing, by CCC,
if the land is subject to a deed or other restriction prohibiting the production of agricultural commodities or
where a benefit has or will be obtained from a Federal agency in return for the participant's agreement not
to produce such commodities on the land during the same time as the land would be enrolled in the CRP.
By applying for the CRP contract,the participant certifies as a condition for payment that no such
restrictions apply to such land, except as agreed otherwise,in writing,by CCC.
3 RESTRICTIONS ON PAYMENTS TO FOREIGN PERSONS
A Any person who enters into this CRP contract or participates in such contact at any time who is not a
citizen of the United States or an alien lawfully admitted into the United States for permanent residence
under the Immigration and Nationality Act(8 U.S.C. 1101 et seq.)shall be ineligible to receive annual
rental payments under this contact unless such person meets the requirements of 7 CFR Part 1400 which
shall be applicable to this contract.
tP-I(Appendix)(02-12-97)Page 2
B Persons succeeding to a CRP contact subject to a reduction in payment under this paragraph 3 for any
preceding parry shall not be eligible for payments during the contract period greater than those that could
have been received by such preceding party.
4 AGREEMENT
A The participant agrees:
(1) That the applicable CRP-I and its addenda shall be considered an offer to enter into the
Conservation Reserve Program on the terms specified on Form CRP-1 and its addenda. The offer,
until revoked,may be accepted by CCC provided further, that, liquidated damages may apply in
the case of a revocation as specified elsewhere in this Appendix;
(2) To place eligible cropland into the CRP for a period of 10 crop years,or as agreed to by CCC for
a longer period not to exceed 15 crop years,from the effective date of the CRP contact executed
by CCC;
(3) To comply with the terms and conditions of the Conservation Plan;
(4) To establish,maintain,and replace,as specified in the CRP contact,the practices agreed to in the
Conservation Plan;
(5) Not to harvest or sell,nor otherwise make commercial use of trees or forage or other cover on the
CRP land including the shearing or shaping of tees for future use as Christmas trees(the
participants may conduct priming,thinning,stand improvement,or other activities consistent with
customary forestry practices on land that is planted to trees);provided further,however,that CCC
may, in its discretion and only in writing or by publication intended for a general allowance for
CRP lands in panticular.States or regions,permit, in certain emergencies,certain commercial uses,
as specified by CCC,which may be conditioned on a reduction in CRP payments otherwise
payable under this contact
(6) Not to undertake any action on land under the participant's control which tends to defeat the
purposes of this CRP contact,as determined by CCC;
(7) To annually certify crop and land use for the farm with the COC on the appropriate form,
accurately listing all land enrolled in CRP on the farm,not later than the final reporting date
determined and announced by the Farm Service Agency,or successor agency;
(g) To control on land subject to a CRP contact all weeds,insects,pests and other undesirable species
to the extent necessary to ensure that the establishment and maintenance of the approved cover is
adequately protected and to provide such maintenance as nerrecaty to avoid an adverse impact on
surrounding land taking into consideration water quality, wildlife and other factors;
(9) Not to disturb the acreage under contract during the primary nesting season for wildlife, except as
approved by CCC;
(10) To annually file required forms requested by CCC for payment limitation determinations;
(1 I) During the life of the CRP-I,to not produce an agricultural commodity on highly erodible land, in
a county which has not met or exceeded the acreage limitation requirement of 7 CFR Part 1410,
which the participant has acquired or may acquire on or after November 23, 1990, unless such
land,as determined by CCC,has a history in the most recent 5-year period of producing an
agricultural commodity other than forage crops;and
QtP't(Appendix)(02-12-97)Page 3
(12) Any payment or portion thereof due any producer will be made by CCC without regard to any
question of title under State law,and without regard to any claim or lien which may be asserted by
a creditor, except agencies of the U.S.Government. Offsets for debts owed to agencies of the
U.S. Government shall be made prior to making any payments to producers or their assigns.
B CCC agrees,subject to the availability of funds,to:
(I) Share the cost with owners and operators of establishing an eligible practice,or an identified unit
thereof,agreed to in the Conservation Plan;except that, in no case may the share of CCC exceed
an amount equal to 50 percent of the price at which the land placed in the CRP could be sold for
use as farmland at the time at which this contract is signed by the participant,unless the CCC
otherwise approves such amount,provided father,that such approval must specifically reference
the particular land placed in the CRP under this contract;
(2) Pay the agreed-upon annual rental payment,including any incentive payment, based upon the
shares to which the parties have agreed as set forth on Form CRP-I fora period of years not in
excess of the contact period;
(3) Pay to the participant, to the extent requited by CCC regulations,an interest o
payments, incentive payments,and all annual rental non as cost-share
by CCC,the payment is due; payments not made by the date determined
(4) At the time of contact expiration or termination,reinstate the allotment or quota,required to be
reduced for participation in the CRP,subject to the regulations governing Federal farm programs
except that in no case may such reinstated allotments or quotas exceed the amount that would
have been applicable had there been no CRP contract:
(5) Make annual rental payments after October 1 of each year of the contact period.
S CONSERVATION PLAN
A Subject to the approval of CCC, the Conservation Plan will include some or all of the following
information and requirements:
(1) The vegetative or water cover to be established on the CRP land;
(2) A tree planting plan, developed in cooperation with the Forest Service, if trees are to be
established as the vegetative cover on the CRP land;
(3) A schedule of completion dates for establishment of the cover on the CRP land;
(4) The level of environmental benefits which must be attained on the CRP land;
(5) Any other practices required for the establishment or maintenance of the cover on the CRP land
including weed, insect,pest,and other controls of undesirable species, and such maintenance as
necessary to avoid an adverse impact on surrounding land as determined appropriate by CCC,
taking into consideration the needs of water quality,wildlife concerns,and other factors.
(6) The acreage will not be disturbed during the primary nesting season for wildlife as determined by
CCC.
B By signing the Conservation Plan,the participant agrees to implement the practices specified in such
Conservation Plan on the CRP land even if such practices differ from those listed in item 12 of Form
CRP-I.
CRP-1(Appendix)(02.12.97)Page 4
6 COST-SHARE PAYMENTS
A Subject to the availability of funds,cost-share payments shall be made available upon a determination by
CCC that an eligible practice,or an identifiable unit thereof,has been established in compliance with the
conservation plan and with appropriate standards and specifications. `
a
B CCC will not make cost-share payments in excess of 50 percent of the actual or average cost of
establishing the eligible practice specified in the Conservation Plan as determined by CCC. It is
understood that all cost-shares from all sources must be reported to CCC and that a reduction in the CCC
cost-share may be made if there are other cost-shares received. Such reductions will be made to the extent
required or allowed by the program regulations.
C Except as otherwise provided for in program regulations,cast-share assistance may be made available
under the CRP only for the establishment or installation of an eligible practice. In order to receive
cost-share assistance,the participant,upon completion of the practice,must file Form AD-245 or similar
form approved.by CCC, for approval by CCC,with the county committee.
7 _. PROVISIONS RELATING TO TENANTS AND LANDLORDS
A Payments shall be not be paid under this CRP contract if CCC determines that
(I) The landlord or operator has:
(a) when the acreage offered is not enrolled in the CRP at the time of signup:
(i) not provided tenants who have an interest in the acreage being offered at the
time of signup an opportunity to participate in the benefits of the program;
(ii) reduced the number of tenants on the farm as a result of or in:anticipation of
enrollment in the CRP.
(b) when the acreage offered is enrolled in the CRP at the time of signup, not provided
tenants with an interest in the CRP contract acreage an opportunity to participate in the
benefits of the program iE
(I) the tenants are otherwise involved in fanning other acreage,as determined by
CCC,on the farm at the time of signup;or
(ii) the tenants have an interest in the acreage being offered on the effective date of
the new CRP-1.
(2) The landlord or operator has deprived any tenant of any benefits to which such tenant would
otherwise be entitled.
(3) If any such conditions as identified in(1)and(2)occur or are discovered after payments have
been made,all or any part of the payments,as determined by CCC, must be refunded with interest
and no further payments shall be made.
B After this CRP contract is approved,the operator or tenant may, if approved by CCC, be replaced for
purposes of the CRP contract and for payments to be made under the contract if such tenant or operator, as
determined by CCC:
(1) leaves the farm voluntarily or for some reason other than being forced off the farm by the
landlord or operator in anticipation of,or because of,participation in the program;
CRP-I(Appendix)(02-12-97)Page 5
(2) fails to maintain the tenancy,as determined by CCC,throughout the CRP contact period;
(3) files for banlauptcy and the trustee or debtor in possession fails to affirm this CRP contract;
(4) dies during the term of this CRP contract and the administrator of the tenant's estate(or a similar
person with authority to administer the affairs of the tenant) fails to succeed to this contact within the
time required by CCC;
(5) was removed for cause,as determined by CCC.
C The removal of an operator or tenant from the agreement shall not release the tenant from liabilities for
actions arising before such removaL
8 ERRONEOUS REPRESENTATION AND SCHEME AND DEVICE
A A participant who is determined to have erroneously represented any fact affecting a determination with
respect to this CRP contact and the regulations applicable to this CRP contact,adopted any scheme or
device which tends to defeat the purposes of this CRP contact,or made any fraudulent representation with
respect to this contact will not be entitled to payments or any other benefits made in accordance with this
CRP contact and the participant must refund to CCC all payment received by such participant,plus
interest and liquidated damages thereon,with respect to the CRP contact. Such liquidated damages will be
determined in accordance with paragraph 9 of this Appendix.
B Unless CCC regulations provide otherwise,refunds determined to be due and owing to CCC in accordance
with this CRP contact will bear interest at the rate which CCC was required to pay for its borrows from the
United States Treasury on the date of the disbursement by CCC of the monies to be refunded.Interest will
accrue from the date of such disbursement by CCC.
C The remedies provided under paragraph 8A of this Appendix shall be applicable in addition to any
remedies under criminal and civil fraud statutes,including IS U.S.C.268,287,371,641, 1001; 15 U.S.C.
714m;and 31 U.S.C.3729, or any other remedy available under law.
9 LIQUIDATED DAMAGES
It is mutually agreed that in the event the CRP contact is breached by the participant,the CCC will suffer
substantial damages which may not be possible to quantify with certainty. Therefore, in addition to the refund of
payments received plus interest due,for breach of contract as prescribed in this contact,the participant agrees to
pay an amount equal to the product obtained by multiplying:(I)25 percent of the rental payment rate per acre on
Form CRP-( by,(2)the number of acres that are the subject of the CRP contact Such amount shall be due as
liquidated damages in addition to such other damages or amounts as may be due, and not as a penalty.
10 NOTIFICATION OF CHANGES TO TERMS AND CONDITIONS OF THE CONTRACT
CCC agrees that, if any changes of any terms and conditions of this CRP contract, including changes necessary to
reconcile the practices listed on the CRP-I to those specified in the conservation plan,become necessary prior to the
date that this contact is approved on behalf of CCC, CCC will notify the persons signing the CRP-1 of such change
and such person will be given 10 days from the date of notification in which to agree to the revised terms and
conditions or to withdraw from the offer. The participant agrees to notify the CCC of an intention to withdraw from
the offer within 10 days from the date of the issuance of such notice and further agrees that failure to notify the CCC
will constitute agreement to the revised terms and conditions.
11 CORRECTIONS
CCC reserves the right to correct all errors in entering data or the results of computations in the CRP contact
CRP-1 (Appendix)(02.12-97)Page 6
12 TERMINATION OF CONTRACT; JOINT LIABILITY
If a participant fails to carry out the terms and conditions of this CRP contract but CCC determines that such failure
does not warrant termination of this CRP contract,CCC may require such participant to refund,with interest,
payments received under this CRP contract, or require the participant to accept such adjustments in the subsequent
payment as are determined to be appropriate by CCC. Participants that sign the CRP-1 with zero percent interest in
the annual rental payment shall not be held responsible for contact compliance.
13 CONTRACT MODIFICATIONS
A CCC may modify this CRP contract to add, or substitute certain practices when:
(1) The installed practice failed to adequately control erosion through no fault of the participants;
(2) The installed measure has deteriorated because of conditions beyond the control of the participants;
and
(3) Another practice will achieve at least the same level of environmental benefits.
B Concurrence of NRCS and the conservation district may be obtained by CCC when modifications to this
contract involve a technical aspect of a participants Conservation Plan.
14 EFFECTIVE DATE AND CHANGES TO CONTRACT
The CRP contract is effective when,as determined by CCC,it has been signed by the participants,and an authorized
representative of CCC. Except-as otherwise determined by CCC,as permitted by regulations or other law, the CRP
contract may not be revoked or revised except by mutual agreement between the parties. Within the dates
established by CCC, the CRP contract must be signed by all required participants.
In the event that a statute is enacted during the period of this CRP contract which would materially change the terms
and conditions of this CRP contract, the CCC may require the participants to elect between acceptance of
modifications in this CRP contract consistent with the provisions of such statute or termination of this CRP contact.
15 REGULATIONS TO PREVAIL
The regulations in 7 CFR Part 1410 for the CRP are incorporated herein. In the event of a conflict between these
regulations and the terms of this Appendix,the provisions of the regulations will prevail.
This program or activity will be conducted on a nondiscriminatory basis without regard to race,color.religion natural origin,age,sex,martial status.
sexual orientation,or disability.
Form Approved-OMB No.0560-012'
U.S.DEPARTMENT OF AGRICULTURE 1. ST.&CO.CODE&C./D 2. SIGN-UP NUMBER
g7) Commodity Ctedlt Corporation 08 123 #18
3. CONTRACT NUMBER 4. ACRES FOR ENROLLMEN
CONSERVATION RESERVE PROGRAM CONTRACT /369 -31"575 ,S
7. COUNTY OFFICE ADDRESS AND PHONE NO.(area code) 5. FARM NUMBER p. TRACT NUMBER(S)
WeldCounty FSA Office 1088 5839
4302 West 9th Str Rd 8. OFFER(Sated one) 9. CONTRACT.PERIOD
Greeley, Co 80634 STANDARD x'FROM(MOM TO(WDIY)
970-356-8097 ENVIRONMENTAL PRIORITY 10/01/99 9/30/20C
71/S CONTRACT is entered into between the Commodity Credit Corporation(referred to as'CCC7 and errle tmdnipn.a owners.oPeoltora or tenants(who may be rebind to as
'r e', 'Operator'.and'tenant'respectively)on IM rann ideneted above. The undersigned persona,Pmsons may hrealbr XNctiiely be*erred to as IMP Participant' The
Participant agrees to place the designated scrooge MO the Conservation Reserve Program rCRP7 err the abated contract period from the.a to the Contract Is await*by Me
CCC or other use set by CCC 710 Participant also agrees to implement On such designated acreage the Conservation Plan developed W such acreage and approved by the CCC
and the Participant AdddHwaty,the Participant and CCC apse to comply with the Mans and ccndWans contained in IS Contract hWd4ng the Append:c 10 Ik Contract anted
Appends to CRP-1,Conservation Reserve Program Conbaa heed to as Appendb7. By signing below,the Participant adcnonNdpas that a copy come Append&fords
applicable sign-up period has been provided to such person. Such person also agrees a pay such liquidated damages in an amount weaned h Ia AppmM¢Idle Participant
withdraws prior to CCC acceptance or refection. The terms and conditions of MN contract ate contained In this Pam CRP-I and In the CRP-1 Apçaent and any addendum
thrato. BY SIGNING THIS CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF THE FOLLOWING FORMS: CRP-I;CRP-1 Appents avid any addenda,,Menlo;
CRP.Z and aapplicable,CRP-15 and CRP-I Continuation,
10. OFFER FOR PERMISSION TO ALLEY CROP
In order to participate in CRP under CP19,Ailey Cropping, Use submit an offer of$ per aae reduction, from the
amount specified in item 11A, in the annual rental payments for permission to produce agricultural commodtliei on eligible acres in
accordance with the provisions for alley cropping set out in the applicable regulations. Uwe understand that for each year of the CRP
contract the annual rental payment will be reduced by the amount agreed to above, which reduction must be a reduction of at least 50
percent in the annual rental payment l�
115.. Rental Rate Per Acre x$ _M 41(s.
12. Identification of CRP Land
B. Annual Contract Payment $ [3 `93 it Tract No. B. Field No. C. Practice D. Acres E. Total CIS
gg
C. First Year Payment $ 5839 1A,1B CP-2 3X-151O 9?�x710'
(Item 11C applicable only to continuous signup
when the first year payment is prorated.)
13. OWNERS,OPERATORS.AND TENANTS
A. OPERATOR NAME AND ADDRESS SOCIAL SECURITY NUMBER
Edward J Kinzer 522 2 4362
PO Box 4489 SIG (DATE
Boulder, Co 80306-4489 /0% X idle 1/Zy4�
B. OWNER NAME AND ADDRESS S IAL SECU NU BER
Marjorie A Kinzer 523 22 1257
PO Box 4489 SIGNATURE 'DATE
- Boulder, Co • 80306-4489 % L_ /I,1I _6
YY ) p t it z
C. NAME AND ADDRESS SOCIAL SECURITY NUMBER ER �J 't C
SIGNATURE (DATE
14. CCC USE ONLY-Payments I SIGNATURE OF CCC REPRESENTA (DATE
according to the shams are approved.
A ni •
approved. l/' JZ1. Yf y�—.�Z
NOTE The meowing statement Is made.n accordance with me ANa y Act et 1974/5 USC 552W end the Paperwoat Reduction Act of 7935.as amended The authority Sr tae,raewg the
following Information 4 the Food Smithy Act or laa6.IAA L 99-I9r,as emended,and egubdons prontulpodd at 7 CAR PART 1410 and the ennui aware Cede 91 USC 6/091.
The nfommaden invested is nacauey for CCC to consider and process the.offer to enter late a Caurvadan Rrerva Aspen Cenaact.t.ant M ISONme64,47 elpls f,end le
dery ne the coned pates to the convect. Furnishing the i neeested Wonnebn a vaiaaey. Fare to NNm We requested hbrneebn me rest&h daemi,wn of 6SPeEN for
certain program entente and other financial assistance Wmbbteed by USDA agency. 778 bbnnodon may be provided te err aprnsat.IRS,Orrenent of Annex,r ether Stale
and Fadaral Lew ed.nemanr aWndaa and In response to a cart m.gbare or adms*n*e vreenet '71,.ee,Wana of aetwmet end rive heed amdtr.erneng to USC 284 267.
37?.65?. 1001;75 USC 77 dnw end 37 USC 3725.may he apple"-to the hprmaba prodded
federal Aganr4e nay net cendeof or apensw,and•person I net railed te rawond to.a ceased,,of Wo nedon wafer a R dYa/eys a arm*dr veal OMs eons/mars Mime
aeprrng ewaear,for Mk ceases@ N M n,,edon is astbeed te avenge 4 Ina*owners includIng the anti torevewYM aesueden.earthing wiedng date sauna gothWmg
and maintaining tee data needed.and caerawg edna..4.y the eoaaewn Miderned.a Send coined,ragedh,g ern sawn estimate or ern.mr acct el wt co islion of
btti FORss N 70 y OUR COUNTY RSA 0 M Agdaeln.Owen ORha;OS MAW Na 0610-0726!,57W 7634 Mhdwpen,D.C. 20250-7630
RETURN 77•5 COMPLIES This program or acavily*II be co du tad on a nondiscriminatory bask stoutnpa t to ram color,religion,national origin,age,sat,mite&gala ordia way.
Form Approved-OMB No.056)•
-v1
CRP-1 U.S.DEPARTME. .)F AGRICULTURE 1. S CO. CODE&CID 2. SIGN-UP NUMBER
(C?-30-97) Commodity Credit Corporation 08 123
#18
CONSERVATION RESERVE PROGRAM CONTRACT CONTRACTNUMBERacRES FOR ENROLLME
7. COUNTY OFFICE ADDRESS AND PHONE NO. (area code 202.0 2101?,) 5. FARM NUMBER G. TRACT NUMBER(S)
Weld County FSA Office 1095 5838
4302 West 9th Sts Rd 8. OFFER (Select one) 9. CONTRACT PERt00
Greeley, Co 80634 STANDARD x FROM(MWDrY) ITO(M/Dvy)
970-356-8097 ENVIRONMENTAL PRIORITY ' 10/01/99
9/30/2(
THIS CONTRACT is entered into between the Commodity Credit Corporation(referred to as'CCC,and the undersigned
'Owner', 'Operator',and Tenant'.respectively)on the farm identified above. The undersigned owners•operators,be tenants tO as may be Warred to as
('C P')lot Or persons may hereafter er collectively bare th ed ro -the Participant•
e
Pturiapant agrees to plan the designated acreage into the Conservation Reserve Program("CRP')tor the simulated contract period from the dale the Contract is executed by me
CCC or other use set by CCC. The Padhipant also agrees to implement on such designated acreage the Conservation Plan developed led such acreage and approved by the CC.
and the Participant Additionally,the Participant and CCC agree to comply with the rents and condemns contained in this Contract Appendix to CAP-!.Conservation Reserve Program Contract(released to as'Appendix"). Bincluding the copy Aopyfof tothe this radix tor
maned
applicable sign-up period has been provided to sucho Y signing liquidated
d the Pmies i nl nano amount specified es ifieI• p ix Me nor cp peinns. Such person go hisses pet stic ntai ed I dthis Fo m m P-1In in me Appendix if III!Participant
withdraws prior to CCC acceptance or rejection. The Minns and conditions of this contract are contained In this Form CRP-1 and In the CAP-7 Appendix and any addendum
• thereto. BY SIGNING THIS CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF 7HE FOLLOWING FORMS: CRP-1;CRP-1 Appendix and any addendum thereto;
CRP-2;and If applicable, CRP-15 and CRP-I Continuation.
10. OFFER FOR PERMISSION TO ALLEY CROP
In order to participate in CRP under CP 19,Alley Cropping, 1/we submit an offer of $
per acre reduction, from the
amount specified in item 1L4, in the annual rental payments for permission to produce agricultural commodities on eligible acres in
accordance with the provisions for alley cropping set out in the applicable regulations. l/we understand that for each year of the CRP
contract the annual rental payment will be reduced by the amount agreed to above, which reduction must be a reduction of at least 50
percent in the annual rental payment.
1 IA. Rental Rate Per Acre 40 4 h ,06- 112. Identification of CRP Land
8. Annual Contract Payment $ icrl(o 1 IA. Tract No. B. Field No.l C. Practice ID. Acres E. Total Cis
C. First Year Payment $ 15838 1A-1D I CP-2 36-2- 1418753
(Item 11C applicable only to continuous signup r W39.07C �Q / I I/ {a
when the first year payment is prorated.) I ii 9
A. OPERATOR NAME AND ADDRESS SOCIAL SECURITY NUMBER
Duke L Phillips 571 34 0482
2209 Flora Ct S4R4ATURE
Loveland, Co 80537 DATE
100 Y vQu (D //7?,i9(-
B. OWNER NAME AND ADDRESS SOCIAL SECURITY NUMBER
SIGNATURE DATE
Y
C. NAME AND ADDRESS SOCIAL SECURITY NUMBER
SIGNATURE 'DATE
Y
•
14. CCC USE ONLY-Payments j SIGNATURE OF CCC REPRESENTATIVE
according to the shares are (DATE
approved.
NOTE: Inc logo wing statement is made in accordance with me Privacy Act of 1974/5 USC 552x1 any the Peprwrt Reduadan Act of 1395.as amended. The wlnwrw tot requesting The
lob wing information is the Food Security Act of 1905,IPLIO.L.39.19.91,as mended and regulations promulgated as 7 CFR PART 1410 era ma Internal Revenue Code 126 USC 6109/.
The Nlorma:ion requested is necessary lot CCC to consider and
determine the correctpistons the oiler to mfr Into•.Conservation Reserve Program Contract to aaaia n nadir
at determgination
natio,,of,and ito
b
parries Mancini
. Furnishing ary. faire to tie pro the requested i0hcri,I/I Se resell , deal Just ce, of other Siam/n
umslWg the requested Information is robsnr
or certain program benefits and other firwor assistance administered ay USDA agency. This ir/omnatbn may tie provided ro other agencies,IRS.
Fedral Law anlorcamans agencies.and in response to a calls magistrate or btrWYstrative tribunal. The provisions of crYnne end civil Freud statu�millcludng d USC 256,,297,0371.
651, 1001/ 15 USC 714m;and 31 USC 3725.may be applicable to the NlormeWn provided.
Federal Agencies may nor conduct or sponsor.and a person Is nor required to respond to.a collection of information unless It
eprrng burden for this collection of nlornwdon n estimated to average 4 minutes per r dIWnst a dana,m imi gMa cmyr tnameer. get/
end maintaining MI data needed,and completing can, Sa,including agar ei reviewing ths n estim end revlawrip the collection of information. Sans c Nn+.maiming existing data sources,gathering
iNonnet on,inclining suggestions/fir reducing sills Medan,to Depenment of Agriculture, comments M.f0M Mil O 566 estimate STOP any 30, aspect o/row cow025 of
7
11217-MN TIPS COMPLETED FORM TO YOUR COUNTY ESA OFFICE.
Claerrwe Olfkr,0IRNr,IOMa hie.05660123/, 163q Washington,D.C. 302301630.
Ras program Or activity will be conducted on a nonbe:nWylwy basis without regard lo race,color;reagrOn,national origin,age.sex,maim status,Or disability.
•
rtri final - Co,'Jt-ty Office Copy
REPRODUCE LOCALLY. Include form number and date on a0 reproductions Form Approved OMB No.05604125
CRP-1 (Appendix) See CRP-1 for Privacy Act and Public Burden Statements
(02-12-97)
U.S.DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
APPENDIX TO FORM CRP-1, CONSERVATION RESERVE PROGRAM CONTRACT
•
1 DEFINITIONS
The following definitions are applicable to the Conservation Reserve Program(CRP)Contract
A CRP contract or CRP-1 means the program documents including the applicable
contract appendix,conservation plan and the terms of any required easement, if
applicable,entered into between CCC and the participant Such contract shall set forth
the terms and conditions for participation in the CRP and receipt of CRP payments.
• B current nmirnitural market velao.,for offer evaluation purposes means the amount in dollars per acre,
determined by CCC to be the adjusted price at which the land placed in the CRP could be rented based on
the average cash rental rate, or equivalent,per acre,paid for dryland cropland at the time at which this
contract is signed by the participant
C Veretative cover means perennial or permanent grasses,legumes,forbs,and shrubs with a life span of 10
years or more,or trees.
D All other words and phrases,unless the context of subject matter otherwise regains,shall have the
meanings assigned to them in the regulations governing the Conservation Reserve Program which are
found at.7 CFR Part 1410. - --
2 ELIGIBILITY REQUIREMENTS FOR CONSERVATION RESERVE PROGRAM
A By signing the CRP contract,the participant,except in the case of persons qualifying solely as a tenant,
certifies that such participant will control the land subject to the contract for the contract period and,if
applicable,the easement period and shall,upon demand,provide evirirnes to CCC demonstrating that such
participant will control the land for that period.
B Land otherwise eligible for the CRP shall not be eligible,except as agreed otherwise, in writing, by CCC,
if the land is subject to a deed or other restriction prohibiting the production of agricultural commodities or
where a benefit has or will be obtained from a Federal agency in return for the participants agreement not
to produce such commodities on the land during the same time as the land would be enrolled in the CRP.
By applying for the CRP contract,the participant certifies as a condition for payment that no such
restrictions apply to such land,except as agreed otherwise,in writing,by CCC.
3 RESTRICTIONS ON PAYMENTS TO FOREIGN PERSONS
A Any person who enters into this CRP contact or participates in such contract at any time who is not a
citizen of the United States or an alien lawfully admitted into the United States for permanent residence
under the Immigration and Nationality Act(8 U.S.C. 1101 et.seq.)shall be ineligible to receive annual
rental payments under this contract unless such person meets the requirements of 7 CFR Part 1400 which
shall be applicable to this contract
•
QQP-1(Appendix)(02-12-97)Page 2
B Persons succeeding to a CRP contract subject to a reduction in payment under this paragraph 3 for any
preceding party shall not be eligible for payments during the contract period greater than those that could
have been received by such preceding party.
4 AGREEMENT
A The participant agrees:
(1) That the applicable CRP-1 and its addenda shall be considered an offer to enter into the
Conservation Reserve Program on the terms specified on Form CRP-1 and its addenda. The offer,
until revoked,may be accepted by CCC provided further,that,liquidated damages may apply in
the case of a revocation as specified elsewhere in this Appendix;
(2) To place eligible cropland into the CRP fora period of 10 crop years,or as ageed to by CCC for
a longer period not to exceed 15 crop years,from the effective date of the CRP contract executed
by CCC;
- (3) To comply with the terms and conditions of the Conservation Plan;
(4) To establish,maintain,and replace,as specified in the CRP contact,the practices agreed to in the
Conservation Plan;
(5) Not to harvest or sell,nor otherwise make commercial use of trees or forage or other cover on the
CRP land including the shearing or shaping of trees for future use as Christmas trees(the
participants may conduct priming,thinning,stand improvement,or other activities consistent with
customary forestry practices on land that is planted to trees);provided further,however,that CCC
may,in its discretion and only in writing or by publication intended for a general allowance for
CRP lands in pardeular.States or regions,permit,in certain emergencies,certain commercial uses,
as specified by CCC,which may be conditioned on a reduction in CRP payments otherwise
payable under this contact;
(6) Not to undertake any action on land under the participants control which tends to defeat the
purposes of this CRP contract,as determined by CCC;
(7) To annually certify crop and land use for the farm with the COC on the appropriate form,
accurately listing all land enrolled in CRP on the farm,not later than the final reporting date
determined and announced by the Farm Service Agency,or successor agency;
(8) To control on land subject to a CRP contract all weeds,insects,pests and other undesirable species
to the extent necessary to ensure that the establishment and maintenance of the approved cover is
adequately protected and to provide such maintenance as necessary to avoid an adverse impact on
surrounding land taking into consideration water quality, wildlife and other factors;
(9) Not to disturb the acreage under contact during the primary nesting season for wildlife, except as
approved by CCC;• (10) To annually file required forms requested by CCC for payment limitation determinations;
/ (11) During the life of the CRP-1,to not produce an agricultural commodity on highly erodible land, in
a county which has not met or exceeded the acreage limitation requirement of 7 CFR Part 1410,
which the participant has acquired or may acquire on or after November 28, 1990, unless such
land,as determined by CCC,has a history in the most recent 5-year period of producing an
agricultural commodity other than forage crops;and
CRP-1(Appendix)(02-12-97)Page 3
(12) Any payment or portion thereof due any producer will be made by CCC without regard to any
question of title under State law,and without regard to any claim or lien which may be asserted by
a creditor, except agencies of the U.S.Government. Offsets for debts owed to agencies of the
U.S. Government shall be made prior to making any payments to producers or their assigns
B CCC agrees,subject to the availability of funds,to:
(1) Share the cost with owners and operators of establishing an eligible practice,or an identified unit
thereof,agreed to in the Conservation Plan,except that,in no case may the share of CCC exceed
an amount equal to 50 percent of the price at which the land placed in the CRP could be sold for
use as farmland at the time at which this contract is signed by the participant,unless the CCC
otherwise approves such amount,provided further,that such approval must specifically reference
the particular land placed in the CRP under this contract;
(2) . Pay the agreed-upon annual rental payment,including any incentive payment,based upon the
shares to which the parties have agreed as set forth on Form CRP-1 for a period of years not in
excess of the contact period;P(3) payments,y toth particincenipant,
to the extent required by CCC regulations,an interest penalty on cost-share
byive CCC,the a payments,and all annual rental payments not made by the date,as determined
P yment is due;
(4) At the time of contact expiration or termination,reinstate the allotment or quota,required to be
reduced for participation in the CRP,subject to the regulations governing Federal farm programs
except that in no case may such reinstated allotments or quotas exceed the amount that would
have been applicable had there been no CRP contract;
(5) Make annual rental payments after October 1 of each year of the contract period.
5 CONSERVATION PLAN
A Subject to the approval of CCC, the Conservation Plan will include some or all of the following
information and requirements:
(I) The vegetative or water cover to be established on the CRP land;
(2) A tree planting plan, developed in cooperation with the Forest Service, if trees are to be
established as the vegetative cover on the CRP land;
(3) A schedule of completion dates for establishment of the cover on the CRP land;
(4) The level of environmental benefits which must be attained on the CRP land;
(5) Any other practices required for the establishment or maintenance of the cover on the CRP land
including weed, insect,pest,and other controls of undesirable species, and such maintenance as
necessary to avoid an adverse impact on surrounding land as determined appropriate by CCC,
taking into consideration the needs of water quality,wildlife concerns,and other factors.
(6) The acreage will not be disturbed during the primary nesting season for wildlife as determined by
CCC.
B By signing the Conservation Plan,the participant agrees to implement the practices specified in such
Conservation Plan on the CRP land even if such practices differ from those listed in item 12 of Form
CRP-1.
CAP-1(Appendix)(02.12.97)Page 4
6 COST-SHARE PAYMENTS
A Subject to the availability of funds,cost-share payments shall be made available upon a determination by
CCC that an eligible practice,or an identifiable unit thereof,has been established in compliance with the
conservation plan and with appropriate standards and specifications. •
.s
B CCC will not make cost-share payments in excess of 50 percent of the actual or average cost of
establishing the eligible practice specified in the Conservation Plan as determined by CCC. It is
understood that all cost-shares from all sources must be reported to CCC and that a reduction in the CCC
cost-share may be made if there are other cost-shares received. Such reductions will be made to the extent
required or allowed by the program regulations.
C Except as otherwise provided for in program regulations, cost-share assistance may be made available
under the CRP only for the establishment or installation of an eligible practice. In order to receive
cost-share assistance,the participant,upon completion of the practice,must file Form AD-245 or similar
form approved-by CCC, for approval by CCC,with the county committee.
•
7 ` ' PROVISIONS RELATING TO TENANTS AND LANDLORDS -
A Payments shall be not be paid under this CRP contact if CCC determines that:
(1) The landlord or operator has:
(a) when the acreage offered is not enrolled in the CRP at the time of signup:
(i) not provided tenants who have an interest in the acreage being offered at the
time of signup an opportunity to participate in the benefits of the program;
(i) reduced the number of tenants on the farm as a result of or in.-anticipation of
enrollment in the CRP.
(b) when the acreage offered is enrolled in the CRP at the time of signup,not provided
tenants with an interest in the CRP contract acreage an opportunity to participate in the
benefits of the program it
(i) the tenants are otherwise involved in fanning other acreage,as determined by
CCC,on the farm at the time of signup; or
(ii) the tenants have an interest in the acreage being offered on the effective date of
the new CRP-1.
(2) The landlord or operator has deprived any tenant of any benefits to which such tenant would
otherwise be entitled.
(3) If any such conditions as identified in(1)and(2)occur or are discovered after payments have
been made,all or any part of the payments,as determined by CCC,must be refunded with interest
and no further payments shall be made.
B After this CRP contract is approved,the operator or tenant may,if approved by CCC, be replaced for
purposes of the CRP contract and for payments to be made under the contract if such tenant or operator,as
determined by CCC:
(1) leaves the farm voluntarily or for some reason other than being forced off the farm by the
landlord or operator in anticipation of, or because oi, participation in the program;
CRP-1 (Appendix)(02-12-97)Page 5
(2) fails to maintain the tenancy,as determined by CCC,throughout the CRP contract period;
(3) files for banlauptcy and the trustee or debtor in possession fails to affirm this CRP contract;
(4) dies during the term of this CRP contract and the administrator of the tenants estate(or a similar
person with authority to administer the affairs of the tenant) fails to succeed to this contact within the
time required by CCC;
(5) was removed for cause,as determined by CCC.
C The removal of an operator or tenant from the agreement shall not release the tenant from liabilities for
actions arising before such removal
8 ERRONEOUS REPRESENTATION AND SCHEME AND DEVICE
A A participant who is determined to have erroneously represented any fact affecting a determination with
respect to this CRP contract and the regulations applicable to this CRP contract,adopted any scheme or
device which tends to defeat the purposes of this CRP contract,or made any fraudulent representation with
respect to this contract will not be entitled to payments or any other benefits made in accordance with this
CRP contract and the participant must refund to CCC all payments received by such participant,plus •
interest and liquidated damages thereon,with respect to the CRP contract. Such liquidated damages will be
determined in accordance with paragraph 9 of this Appendix.
B Unless CCC regulations provide otherwise,refunds determined to be due and owing to CCC in accordance
with this CRP contract will bear interest at the rate which CCC was required to pay for its borrows from the
United States Treasury on the date of the disbursement by CCC of the monies to be refunded. Interest will
accrue from the date of such disbursement by CCC.
C The remedies provided under paragraph SA of this Appendix shall be applicable in addition to any
remedies under criminal and civil fraud statutes, including IS U.S.C 268,287,371,641, 1001; 15 U.S.C.
7I4m;and 31 U.S.C.3729, or any other remedy available under law.
9 LIQUIDATED DAMAGES
It is mutually agreed that in the event the CRP contract is breached by the participant,the CCC will suffer
substantial damages which may not be possible to quantify with certainty. Therefore, in addition to the refund of
payments received plus interest due, for breach of contract as prescribed in this contract,the participant agrees to
pay an amount equal to the product obtained by multiplying:(1)25 percent of the rental payment rate per acre on
Form CRP-1 by, (2) the number of acres that are the subject of the CRP contract. Such amount shall be due as
liquidated damages in addition to such other damages or amounts as may be due,and not as a penalty.
10 NOTIFICATION OF CHANGES TO TERMS AND CONDITIONS OF THE CONTRACT
CCC agrees that, if any changes of any terms and conditions of this CRP contract, including changes necessary to
reconcile the practices listed on the CRP-1 to those specified in the conservation plan,become necessary prior to the
date that this contract is approved on behalf of CCC,CCC will notify the persons signing the CRP-I of such change
and such person will be given 10 days from the date of notification in which to agree to the revised terms and
conditions or to withdraw from the offer. The participant agrees to notify the CCC of an intention to withdraw from
the offer within 10 days from the date of the issuance of such notice and further agrees that failure to notify the CCC
will constitute agreement to the revised terms and conditions.
11 CORRECTIONS
CCC reserves the right to correct all errors in entering data or the results of computations in the CRP contract.
CRP-1 (Appendix)(02.12-97)Page 6
12 TERMINATION OF CONTRACT; JOINT LIABILITY
If a participant fails to carry out the terms and conditions of this CRP contract but CCC determines that such failure
does not warrant termination of this CRP contract,CCC may require such participant to refund,with interest,
payments received under this CRP contact, or require the participant to accept such adjustments in the subsequent
payment as are determined to be appropriate by CCC. Participants that sign the CRP-1 with zero percent interest in
the annual rental payment shall not be held responsible for contract compliance.
13 CONTRACT MODIFICATIONS
A CCC may modify this CRP contract to add,or substitute certain practices when:
(1) The installed practice failed to adequately control erosion through no fault of the participants;
(2) The installed measure has deteriorated because of conditions beyond the control of the participants;
and
(3) Another practice will achieve at least the same level of environmental benefits.
B Concurrence of NRCS and the conservation district may be obtained by CCC when modifications to this
contract involve a technical aspect of a participant's Conservation Plan.
14 EFFECTIVE DATE AND CHANGES TO CONTRACT
The CRP contract is effective when,as determined by CCC,it has been signed by the participants,and an authorized
representative of CCC. Except as otherwise determined by CCC,as permitted by regulations or other law, the CRP
contract may not be revoked or revised except by mutual agreement between the parties. Within the dates
established by CCC, the CRP contract must be signed by all required participants.
In the event that a statute is enacted during the period of this CRP contact which would materially change the terms
and conditions of this CRP contract, the CCC may require the participants to elect between acceptance of
modifications in this CRP contract consistent with the provisions of such statute or termination of this CRP contact.
15 REGULATIONS TO PREVAIL
The regulations in 7 CFR Part 1410 for the CRP are incorporated herein. In the event of a conflict between these
regulations and the terms of this Appendix,the provisions of the regulations will prevail.
This program or activity will be conducted an a nondisahntnatory basis without regard to race,color,religion,natural ongin, age.sex.marital status.
scud orientation, or disability.
_._ ._�.,.. -_
DOCUMENT NO. 96-041
SIIREACFnWNFRAc n--..
-- Rr..cKCdY1
THIS AGREEMENT, made and entered into this 11th day of July, 1996, by and between DUKE
L. PHILLIPS (hereinafter for convenience called the "Landowner") and UNION PACIFIC LAND
RESOURCES CORPORATION(hereinafter for convenience called "UPLRC");
I-T�LESS_1�T.H:
RECITALS:
Landowner is the owner of the following-described premises, hereinafter referred to as "described
premises":
Township S5 rth ge f.7 West
Section 5: E/2
Weld County, Colorado
SUBJECT, however, to exceptions and reservations of minerals and rights of entry and of surface use
contained in a certain deed or deeds of conveyance, as follows: Warranty Deed No. 4335 dated October
27, 1914, from the Union Pacific Railroad Company to Elmer A. Hankins etal, recorded November 27,
1914, in Book 406 at Page 241 in the office of the County Clerk and Recorder of Weld County,
Colorado; and Warranty Deed No. 4334 dated October 27, 1914, from the Union Pacific Railroad
Company to W. A. Hanldns, recorded November 27, 1914, in Book 406 at Page 243 in the office of
the County Clerk and Recorder of Weld County, Colorado. UPLRC is successor in interest to all the
right, title and interest of Union Pacific Railroad Company in and to the oil, gas and associated liquid
hydrocarbons in said premises for a term or period equal to or exceeding the term of this Surface
Owner's Agreement.
UPLRC proposes for UPLRC or its agents, lessees, licensees, successors or assigns to prospect
upon and explore the described premises for the development and production of oil, gas and associated
liquid hydrocarbon substances either on UPLRC's behalf or under or pursuant to an oil and gas lease or
license, or under or pursuant to a "unitization agreement", meaning here and wherever that term is used
herein any operating agreement,or any other agreement covering the exploration or development for or
the production of oil, gas or associated liquid hydrocarbons, or any pooling, communitization, unit or
other agreement whereby the described premises may be included with other lands in proximity thereto
as a unit area under a plan of unit or joint exploration, development and operation.
Besides confirming the surface uses expressly set forth below, this agreement is intended to avoid
and resolve any and all disputes of whatever nature in connection with the ownership of oil, gas and
associated liquid hydrocarbon substances in the described premises, including rights to extract, remove
or market such minerals, and including any such dispute that may arise hereafter, whether or not the
basis for such dispute is now known or has been identified in disputes involving exceptions and
reservations of minerals in other deeds from Union Pacific Railroad Company or its predecessors.
AGREEMENT:
NOW, 1n2REFORE, it is agreed is follows:
Section 1. In consideration of the mutual benefits and other good and valuable consideration,
Landowner hereby confirms, extends and grants to UPLRC, its agents, lessees, licensees, successors and
assigns, including any operator or unit operator from time to time in charge of operations under a
unitization agreement, and their respective successors and assigns, the easements and rights to enter upon
the described premises and any lands adjacent or contiguous thereto owned or claimed by the Landowner
and to extract, remove, store, transport,and market for its or their account oil, gas and associated liquid
hydrocarbon substances in or from said described premises, and to drill, construct, maintain and use
upon,within, and over said described premises all oil wells,gas wells, derricks, machinery, tanks, drips,
boilers, engines, pipelines, power and telephone lines, roadways, water wells, and, without limitation
by reason of the foregoing enumeration,any and all other structures, equipment, fixtures, appurtenances,
1
•
2505055 8-1560 P-526 08/07/96 04:52P PG 2 OF 4
or -ities (all of the above being included under tht, term "facilities") necessary or convenient in
prospecting and developing for, producing, storing, transporting and marketing oil, gas and associated
liquid hydrocarbon substances under or produced from any portion of the described premises or under
or produced from any portion of the unit area created under a unitization agreement, together with the
right to remove said facilities and the right to use such water as may be needed from the described
premises, not including water from Landowner's wells.
Section 2. UPLRC agrees, so long as it is receiving oil and/or gas production from or oil
and/or gas royalties upon production from the described premises or allocated thereto under the
provisions of a unitization agreement, to pay or cause to be paid to the Landowner in cash the value
(which shall never be greater than the amount realized by UPLRC from the sale of such production) on
the premises of two and one-half percent (2 1/2%) of all the oil and gas and associated liquid
hydrocarbons hereafter produced, saved, and marketed therefrom or allocated thereto as aforesaid, except
oil and gas and associated liquid hydrocarbons used in operations on the premises or used under the
unitization agreement, and except that as to casinghead gasoline and other products manufactured from
gas there shall be deducted the cost of manufacture; provided, however, that during any time the
described premises or any portion thereof are included within the boundaries of a participating, pooled,
or communitized area, and there is no provision for the payment of royalties to UPLRC but it partici-
pates in the production from the pooled, communitized, or unit area as a working interest owner, then
the two and one-half percent (2 1/2%) above set forth shall be applied to that percentage of the total
production from such area which is allocated to the described premises. Any payment made to the
Landowner pursuant to this Section 2 for production which is sold or which is used off the premises shall
be calculated after deducting all taxes, now or hereafter levied against, paid on, or measured by
production or the value thereof, and after deducting all costs incurred or borne by UPLRC for treating
the production to make it merchantable,and for gathering, transporting and compressing the production
prior to delivery to the purchaser at the point of sale or use.
When production of oil from lands under several surface ownerships is commingled in one central
tank setting for practical operating reasons, periodic individual well tests may be made to compute the
quantities of commingled oil properly allocable to each well, and the two and one-half percent (2 1/2%)
payment provided herein shall be payable upon the quantities apportioned to each well as reported to
UPLRC in full satisfaction of the obligations of UPLRC under this Section 2.
Section 3. Nothing herein contained shall be construed as a covenant to drill by UPLRC, its
agents, lessees, licensees, successors, or assigns, or by any operator or unit operator, or as a grant to
Landowner of oil or gas rights or rights in other associated liquid hydrocarbons.
Section 4. UPLRC, its agents, lessees, licensees, successors and assigns, including the
operator or unit operator under a unitization agreement, shall be required: (a) to pay for all damage to
landowner's lands, buildings, and growing crops caused by the erection or construction of facilities to
be used in connection with oil or gas or associated liquid hydrocarbon operations; (b) to bury all
pipelines below plow depth where such lines cross cultivated land; and (c) to construct gates or, at its
option, install cattle guards where necessary for crossing fenced land in connection with exploration,
development, or producing operations and, where an election has been made to construct gates in lieu
of cattle guards, to keep such gates in repair and closed. In no event shall the amount of damages exceed
the value(as determined by the use of the land at the time the damages are sustained) of that portion of
the Landowner's lands actually used by UPLRC, its agents, lessees, licensees, successors or assigns, for
the location of its facilities. The fact that damages have not been agreed upon shall in no way delay,
restrict, impair or diminish the'right of UPLRC, its agents, lessees, licensees, successors and assigns to
commence or conduct oil and gas operations on the described premises.
Section 5. Other than the payments to be made as aforesaid, the Landowner shall not be
entitled to any other or additional payments as a result of the conduct of the operations described in
Section 1 hereof, and Landowner will claim no right, title or interest in or to the oil, gas and associated
liquid hydrocarbon substances in the described premises.
Section 6. Subject to the provisions of Section 8 hereof, it is agreed that the covenants to pay
the sums provided in Sections 2 and 4 hereof shall be covenants running with the surface ownership of
the described premises and shall not be held or transferred separately therefrom, and any sums payable
under this agreement shall be paid to the person or persons owning the surface of the described premises
2
2505055 B-1560 P-526 08/07/96 04:52P PG 3 OF 4
as ,e date the oil or gas or associated liquid hydrocar,.,n production is marketed. UPLRC shall not,
however, become obligated to make such payments to any subsequent purchaser of the described
premises and shall continue to make such payments to the Landowner until the first day of the month
following the receipt by UPLRC of notice of change of ownership, consisting of the original or certified
copies of the instrument or instruments constituting a complete chain of title from the Landowner to the
party claiming such ownership, and then only as to payments thereafter made.
Section 7. The easements, rights, and uses herein shall be binding upon the described
premises and each and every part thereof, and the present and future owners thereof, and shall continue
for the benefit of UPLRC and its successors and assigns, as owners of the oil and/or gas and/or
acvriated liquid hydrocarbon rights in the described premises and each and every part thereof, and their
agents, lecceec, licensees, successors, and assigns, including any operator or unit operator, and for the
benefit bf.otlier lands within any unit area within which the dccribed premises, ur any portion thereof
may be included, and each and every part thereof.
Section 8. This agreement shall be in full force and effect from and after execution and
delivery and shall continue in full force and effect for a period of one (1) year and so long thereafter as
the oil and gas rights in the described premises are committed to an oil and gas lease or license or to a
unitization agreement, or so long as a well capable of producing oil or gas or associated liquid
hydrocarbons is located upon the described premises, or drilling or reworking operations are being
conducted thereon, and, upon termination of such lease, license, or unitization agreement, or upon
abandonment of such well,or upon cessation of such drilling or reworking operations, whichever last
occurs, this agreement shall terminate; provided, however, that such termination shall neither affect nor
terminate the rights, expressed or implied, in the deed or deeds referred to in the Recitals hereof.
Section 9. Subject to the provisions of Sections 6 and 8 hereof, this agreement shall inure to
the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
I WITNESS WHEREOF, the parties hereto have executed this agreement this 17 day of
`1AAYA , 1996, to be effective as of the day and year first above written.
UNION PACIFIC LAND RESOURCES CORPORATION
By: G1r-" liv w Lvo�i, ,_,v -1
Susan Whiteside, Attorney-in-Fact C/
Duke L.Phillips
bit - 3y — oc{ �3z
Social Security Number
6401 S.Boston Street, A106,Englewood,CO 80111
3
• - 2505055 B-1560 P-526 08/07/96 04:52P OF 4
State of (0/0 rag )
� � /� ) ss
County of Al's th p )
On this i/ tit
day of T u I\/ , 1996, before me personally appeared DUKE
L. PHILLIPS, to me known to be the persoh(s)described in and who executed the foregoing instrument,
and ac'kmo\5dged that he/she/they executed the same as their free act and deed.
nit 'o 11:''...#1- O,c�.. r 4 A % Noeublic Cl /,
M}��('{,,fmmisyi$.€xpires: /0(31 /CO
State of Texas )
) ss.
County of Tarrant )
The foregoing instrument was acknowledged before me this_ day of 1�( 1996,
by SUSAN WHITESIDE, as an Attorney-in-Fact of UNION PACIFIC LAIC RCES
CORPORATION, a Delaware corporation, on behalf of the corporation.
� CHASTtart A1ERLOT O P PBE OF TEXAS 1^ ec
imptipy
kW Cane.CAL MUM
Notary Public
4
CUMENT NO. 97-041
SURFA(`F OWNER C Ar_���
THIS AGREEMENT, made and entered into this 4th day of April, 1997, by and between
EDWIN J. KINZER TRUST (hereinafter for convenience called the "Landowner") and UNION
PACIFIC LAND RESOURCES CORPORATION (hereinafter for convenience called "UPLRC");
WITN Fqt
RECITALS:
Landowner is the owner of the following-describedpremises,hereinafter referred to as "describel
premises":
Townshln N rah Ran 67 t
Section 23: NW4
Weld County, Colorado
SUBJECT,however, to exceptions and reservations of minerals and rights of entry and of surface use
contained in a certain deed or deeds of conveyance,as follows: Warranty Deed No. 4335 dated October
27, 1914 from Union Pacific Railroad Company to Elmer A. Hankins, et al, recorded November 27,
1914 in Book 406 at Page 241 in the office of the County Clerk and Recorder of Weld County,
Colorado. UPLRC is successor in interest to all the right, title and interest of Union Pacific Railroad
Company in and to the oil, gas and associated liquid hydrocarbons in said premises for a term or period
equal to or exceeding the term of this Surface Owner's Agreement.
•
UPLRC proposes for UPLRC or its agents, lessees,licensees, successors or assigns to prospect
upon and explore the described premises for the development and production of oil, gas and associated
liquid hydrocarbon substances either on UPLRC's behalf or under or pursuant to an oil and gas lease
or license, or under or pursuant to a "unitization agreement", meaning here and wherever that term is
used herein any operating agreement, or any other agreement covering the exploration or development
for or the production of oil, gas or associated liquid hydrocarbons, or any pooling, communitization,
unit or other agreement whereby the described premises may be included with other lands in proximity
thereto as a unit area under a plan of unit or joint exploration, development and operation.
Besides confirming the surface uses expressly set forth below,this agreement is intended to avoid
and resolve any and all disputes of whatever nature in connection with the ownership of oil, gas and
associated liquid hydrocarbon substances in the described premises, including rights to extract, remove
or market such minerals, and including any such dispute that may arise hereafter, whether or not the
basis for such dispute is now known or has been identified in disputes involving exceptions and
reservations of minerals in other deeds from Union Pacific Railroad Company or its predecessors.
AGREEMENT:
NOW, THEREFORE, it is agreed as follows:
Section 1. In consideration of the mutual benefits and other good and valuable consideration
Landowner hereby confirms, extends and grants to UPLRC, its agents, lessees, licensees, successors
and assigns, including any operator or unit operator from time to time in charge of operations under a
unitizationagreetnent,and their respective successors and assigns,the easements and rights to enter upon
the described premises and any lands adjacent or contiguous thereto owned or claimed by the Landowner
and to extract, remove,store,transport,and market for its or their account oil,gas and associated liquid
hydrocarbon substances in or from said described premises, and to drill, construct, maintain and use
upon, within, and over said described premises all oil wells, gas wells, derricks, machinery, tanks,
drips, boilers, engines, pipelines, power and telephone lines, roadways, water wells, and, without
limitation by reason of the foregoing enumeration, any and all other structures, equipment, fixtures,
appurtenances, or facilities (all of the above being included under the term "facilities") necessary or
convenient in prospecting and developing for, producing, storing, transporting, and marketing oil, gas
and associated liquid hydrocarbon substances under or produced from any portion of the described
2585378 8-1638 P-729 12/19/1997 11:12A PC I OP 4 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 21.00
u-,ujo k'-i27 12/1 /1997 li:l2A PG 2 OF 4
premis,,..or under or produced from any portion of the unit area created under a unitization agreement,
together with the right to remove said facilities and the right to use such water as may be needed from
the described premises, not including water from Landowner's wells.
Section 2. UPLRC agrees, so long as it is receiving oil and/or gas production from or oil
and/or gas royalties upon production from the described premises or allocated thereto under the
provisions of a unitization agreement, to pay or cause to be paid to the Landowner in cash the value
(which shall never be greater than the amount realized by UPLRC from the sale of such production) on
the premises of two and one-half percent (2 1/2%) of all the oil and gas and associated liquid
hydrocarbons hereafter produced, saved, and marketed therefrom or allocated thereto as aforesaid,
except oil and gas and associated liquid hydrocarbons used in operations on the premises or used under
the unitization agreement, and except that as to casinghead gasoline and other products manufactured
from gas there shall be deducted the cost of manufacture; provided, however, that during any time the
described premises or any portion thereof are included within the boundaries of a participating, pooled,
or communitized area, and there is no provision for the payment of royalties to UPLRC but it partici-
pates in the production from the pooled, communitized, or unit area as a working interest owner, then
the two and one-half percent (2 1/2%) above set forth shall be applied to that percentage of the total
production from such area which is allocated to the described premises. Any payment made to the
Landowner pursuant to this Section 2 for production which is sold or which is used off the premises shall
be calculated after deducting all taxes, now or hereafter levied against, paid on, or measured by
production or the value thereof,and after deducting all costs incurred or borne by UPLRC for treating
the production to make it merchantable,and for gathering,transporting and compressing the production
prior to delivery to the purchaser at the point of sale or use.
When production of oil from lands under several surface ownerships is commingled in one central
tank setting for practical operating reasons, periodic individual well tests may be made to compute the
quantities of commingled oil properly allocable to each well, and the two and one-half percent (2 1/2%)
payment provided herein shall be payable upon the quantities apportioned to each well as reported to
UPLRC in full satisfaction of the obligations of UPLRC under this Section 2.
Section 3. Nothing herein contained shall be construed as a covenant to drill by UPLRC, its
agents, lessees, licensees, successors, or assigns, or by any operator or unit operator, or as a grant to
Landowner of oil or gas rights or rights in other associated liquid hydrocarbons,
Section 4. UPLRC, its agents, lessees, licensees, successors and assigns, including the
operator or unit operator under a unitization agreement, shall be required: (a) to pay for all damage to
Landowner's lands, buildings,and growing crops caused by the erection or construction of facilities to
be used in connection with oil or gas or associated liquid hydrocarbon operations; (b) to bury all
pipelines below plow depth where such lines cross cultivated land; and (c) to construct gates or, at its
option, install cattle guards where necessary for crossing fenced land in connection with exploration,
development, or producing operations and, where an election has been made to construct gates in lieu
of cattle guards,to keep such gates in repair and closed. In no event shall the amount of damages exceed
the value(as determined by the use of the land at the time the damages are sustained) of that portion of
the Landowner's lands actually used by UPLRC, its agents, lessees, licensees, successors or assigns,
for the location of its facilities. The fact that damages have not been agreed upon shall in no way delay,
restrict, impair or diminish the right of UPLRC, its agents, lessees, licensees, successors and assigns
to commence or conduct oil and gas operations on the described premises.
Section 5. Other than the payments to be made as aforesaid, the Landowner shall not he
entitled to any other or additional payments as a result of the conduct of the operations described in
Section I hereof,and Landowner will claim no right, title or interest in or to the oil, gas and associated
liquid hydrocarbon substances in the described premises.
Section 6. Subject to the provisions of Section 8 hereof, it is agreed that the covenants to pay
the sums provided in Sections 2 and 4 hereof shall be covenants running with the surface ownership of
the described premises and shall not be held or transferred separately therefrom, and any sums payable
under this agreement shall be paid to the person or persons owning the surface of the described premises
as of the date the oil or gas or associated liquid hydrocarbon production is marketed. UPLRC shall not,
however, become obligated to make such payments to any subsequent purchaser of the described
premises and shall continue to make such payments to the Landowner until the first day of the month
2
•
following we receipt by UPLRC of notice of change of ownership,consisting of the original or certified
copies of the instrument or instruments constituting a complete chain of title from the Landowner to the
party claiming such ownership, and then only as to payments thereafter made.
Section 7. The easements, rights, and uses herein shall be binding upon the described
premises and each and every part thereof,and the present and future owners thereof, and shall continue
for the benefit of UPLRC and its successors and assigns, as owners of the oil and/or gas and/or
associated liquid hydrocarbon rights in the described premises and each and every part thereof,and their
agents, lessees, licensees,successors, and assigns, including any operator or unit operator, and for the
benefit of other lands within any unit area within which the described premises, or any portion thereof
may be included, and each and every part thereof.
Section 8. This agreement shall be in full force and effect from and after execution and
delivery and shall continue in full force and effect for a period of one (I) year and so long thereafter as
the oil and gas rights in the described premises are committed to an oil and gas lease or license or to a
unitization agreement, or so long as a well capable of producing oil or gas or associated liquid
hydrocarbons is located upon the described premises, or drilling or reworking operations are being
conducted thereon, and, upon termination of such lease, license, or unitization agreement, or upon
abandonment of such well, or upon cessation of such drilling or reworking operations, whichever last
occurs, this agreement shall terminate;provided,however,that such termination shall neither affect nor
terminate the rights, expressed or implied, in the deed or deeds referred to in the Recitals hereof.
Section 9. Subject to the provisions of Sections 6 and 8 hereof, this agreement shall inure to
the benefit of and be binding upon the parties hereto and their respective heirs,executors,administrators,
successors, and assigns. .
IN WITNESS WHEREOF, the parties hereto have executed this agreement this Li'd;ty of
._ _.f:2da.n f" , 1997, to be effective as of the day and year first above written.
UNION PAQ VIC LAND-RESQ2)RCES CORPORATION
By: 7 1
RNON A. TOWNES, III, ATTY-IN-FACT
EDWARD J. ICINZER TRUST
BY:
S1) — Z2. — 36Z
Taxpayer Identification Number •
P. O. Box 4489,Boulder,CO 80306
2585378 6-1638 P-729 12/19/1997 11:12A PC 3 OF 4
•
State of E v�/a4eLea )
ss
County of 66,2 4.4 _ )
On this ><�.. .Y,.Jzee-r-2✓s
/Z day of Q1 pJ6.4t2 S f� . 1997, ore me personally appeared
<`hu�A.2L T• ei.,lt%o TPJSTc� ,p .rte. � J.4. , (o me known to be the person(s)
described m and who executed the foregoing instrument, and acknowledged that he/she/they executed
the same as their free act and deed.
401"‘4',1.
'';Y,..)..511;1`i,, Notary�ublic
Mc4 `in ysi h;Expires: C-2 7-91
t Y.
N4 ..�
-,f,F•o r•:.co\°;:
•
State of Texas
) ss.
County of Tarrant )
/
The foregoing instrument was acknowledged before me this,3 iay oC t 1 1997,
by VERNON A. TOWNES, III, Atty-in-Factof UNION PACIFIC LAND RESOURCES
CORPORATION, a Delaware corporation, on behalf of the corporation.
• M.
Notary p lie
•
My Commission Expires:
•o,"�'o, JUDY B.ABERNATHY
• • Notary Public
•., STATE OF TEXAS
11y Comm.Exp.a V41N1
2585378 8-1638 P-729 12/19/1997 11:12A PG 4 OF 4
4
SPECIAL WARRANTY D) Q
2486644 B-1543 P-441 04/18/96 03:06P PG 1 OF 1 EEC DOC
Weld County CO Clerk & Recorder 6.00
THIS DEED, made this 17th day of April, 1996, between Duke L.
Phillips, Successor Trustee UDT Mildred M. Phillips\dated July 12,
1988, of the County of Arapahoe, State of Colorado, Grantor, and
Duke L. Phillips, whose legal address is 6401 S. Boston Street, fit-
106, Englewood, Colorado 80111, of the County of Arapahoe, State of
Colorado, Grantee:
WITNESSETH, that the Grantor for NO CONSIDERATION has granted,
bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantee, his heirs and
assigns forever, all the real property, together with improvements,
if any, situate, lying and being in the County of Weld, State of
Colorado, described as follows:
The W1/2 of Section 24, Township 5 North, Range 67 West
of the 6th P.M., County of Weld, State of Colorado;
and
The E1/2 of Section 23, Township 5 North, Range 67 West
of the 6th P.M., County of Weld, State of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances
thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits
thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or in equity of, in
and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described
with the appurtenances, unto the Grantee, his heirs and assigns
forever. The Grantor for himself, his heirs and personal
representatives or successors, does covenant and agree that he
shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the Grantee, his
heirs and assigns, against all and every person or persons claiming
the whole or any part thereof, by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date
set forth above.
EXEMPT under C.R.S. 39-13-104(\ (m�) ,, 1973 as S."
amended.
D111u111kkkk {
e L. Phillips, Successor Trustee
UDT Mildred M. Phillips\dated July
12, 1988 Trust
STATE OF COLORADO )
. ) es.
COUNTY OP BOULDER )
The foregoing instrument was acknowledged before me this 17th
day of April, 1996, by Duke L. Phillips, Successor Trustee UDT
Mildred M. Phillips\dated July 12, 1988.
Trust
�• •.�ness my hand and offic . s 1.
<PS1Y PUg`,,
44/ t1/4,),(6/A-C.
JEWEL E. t otary Public NICHOL 1 My commission expires:90.24 good
i
s4-,1 111111111111111111III1111111! III 1111111111111
2653847 11/16/1996 12:30P Mold County CO
I of I R 6.00 D 0.00 JR auk! Teukamote
WARRANTY DEED
Grantor, EDWARD 1. KINZER, for purposes of making a giR transfer, hereby sells and conveys to
EDWARD J.KINZER and MARJORIE A.KINZER,whose legal address is P.O. Box 4489,Boulder, Colorado,the
following real property in the County of Weld,and State of Colorado,to-wit:
West one-half of Seaton 23,Township 5 North,Range 87 West of the eth P.M.,EXCEPTING therefrom that
portion conveyed to the Department of Highways,State of Colorado,by Deed recorded June 8,1981,In
Book 158 at Page 298,Weld County Records.
also known by street and number as: none
with all its appurtenances,and warrants the title to the same,subject to taxes for the current and prior years
and other liens, covenants,easements, restrictions,ic encumbrances and reservations of record.
Signed this ,V day of �yr/f/(/,. , 1998.
Sr
STATE OF COLORADO- )-
)ss.
,34,44._t_t County of wrt/ )
The foregoing instrument was acknowledged before me this 'j, day of
0u - , 1998,by EDWARD J.KINZER.
My commission expires: IA _-Lz sj WITNESS•my handlandotifciaf seal •
Notary Public
EXEMPT TRANSFER-NO DOCUMENTARY FEE REQUIRED '
AFTER RECORDING,RETURN TO: Chapman,Klein&Associates,P.C.
1355 S.Colorado Blvd.,Suite 600,Denver,CO 10222
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