HomeMy WebLinkAbout20010584.tiff DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
October 11, 2000
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: USR-1276
There will be a Public Hearing before the Weld County Planning Commission on Tuesday,December 5,2000,
at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado
concerning the request of:
NAME: STROMO LLC, John Moser
FOR: Site Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site and
Facility(Composting Facility).
LEGAL DESCRIPTION: Part of the SW4 of Section 26,Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of WCR 30, approximately 1 3/4 miles west of WCR 49.
Your property is within five-hundred (500) feet of the property on which this request has been made or you
may have an interest in the minerals located under the property. For additional information write or telephone
Julie Chester, Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of
public hearing.
For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda
Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case
is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information.
2001-0584
Weft
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
USR-1276, Stromo, LLC
Charles Foster
2888 WCR 61
Keenesburg, CO 80643
John & Ellen Moser
6600 W. 20th St #11
Greeley, CO 80634
Wes Moser& Sons, Inc.
PO Box 205
Ft. Lupton, CO 80621
Benson Mineral Group, Inc.
John Wallace
1560 Broadway Ste 1900
Denver, CO 80202
HS Resources, Inc.
1999 Broadway Ste3600
Denver, CO 80202
James Brownlie & Charles Greene
475 17th St Ste 980
Denver, CO 80202
Kenneth Breitenbach
410 17th St Ste 841
Denver, CO 80202
Patina Oil & Gas Corp
Agent for Julesburg Investments, LLC
1625 Broadway Ste 2000
Denver, CO 80202
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners
and lessees of minerals in accordance with the notification requirements of Weld County in Case Number
USR-1276 in the United States Mail,postage prepaid First Class Mail by letter as addressed on the attached
list this 12th day of October, 2000. AA&LO.
Trisha Swanson
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Subject
Proposed John Moser Composting Site aka STR0M0,LLC.
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners or property (the surface estate)within 500 feet of the property being considered. This list was
compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company,
or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days of
the application's submission date.
Signature
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Date
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NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWNICITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION#
Charles E. Foster 2888 CR # 61, Keenesburg, CO 80643 #121335000003
John R. Moser & Ellen F. Moser 6600 W. 20th St #11 , Greeley. # 121327000017
Colorado 80634
Wes Moser & Sons, Inc. P.O. Box 205, Ft. Lupton. CO. 80621 #121434000011
Wes Moser & Sons, Inc. P.O. Box 205, Ft. Lupton, CO 80621 # 121327000016
In
AFFIDAVIT OF MINERAL OWNERS AND MINERAL LESSEES
(Moser USR)
Subject Property: Township 3 North, Range 65 West, 6th P.M., Weld County, CO
Section 26: WYSW%
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, deposes and states that to the best
of his knowledge the following is a true and accurate list of the names and addresses of
the mineral owners and mineral leasehold owners having an interest in the Subject
Property, based upon the tract indices and computer title chains of Transnation Title
Insurance Company of Greeley, as posted through March 13, 2000 at 7:45 a.m.
Mineral Owners Charles B. Greene
475 17t Street, Ste. 980
Benson Mineral Group, Inc. Denver, CO 80202
1560 Broadway, Ste. 1900
Denver, CO 80202 Kenneth A. Breitenbach
410 17th Street, Ste. 841
HS Resources, Inc. Denver, CO 80202
1999 Broadway, Suite 3600
Denver, CO 80202 Mineral Leasehold Owners:
John R. Wallace HS Resources, Inc.
1560 Broadway, Ste. 1900 1999 Broadway, Suite 3600
Denver, CO 80202 Denver, CO 80202
James D. Brownlie Patina Oil & Gas Corp.
475 17th Street, Ste. 980 Agent for Julesburg Investments, LLC
Denver, CO 80202 1625 Broadway, Suite 2000
Denver, CO 80202
William G. Crews
Certified Professional Landman #3477
Subscribed and sworn to before me by William G. Crews this 24th day of March,
2000.
Witness my hand and official seal. C
My commission expires: \C It-4r MY COMMS i'J I ENO RFS• il-30.2002 Notary Public
Davis Graham & Stubbs LLP
Weld County Planning Dept.
December 14, 2000 DEC 15 2000
RECEIVED
Ms. Julie Chester, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Site Specific Development Plan/Permit for Composting Facility #USR-1276
Township 3 North. Range 65 West, Section 26: SW/4, Weld County, Colorado
Dear Ms. Chester:
This law firm represents HS Resources, Inc. ("HSR"). In our recent conversation
concerning the above referenced matter, you informed me that the proposed Composting Facility
in the southern portion of the SW4 of Section 26, Township 3 North, Range 65 West in Weld
County, Colorado, would consume approximately 60 acres of land. Although you indicated that
pipelines are depicted on the plat submitted for the Site Specific Development Plan and Special
Review Permit, you should review the enclosed copy of a the Right-of-Way Grant executed in
favor of Panhandle Eastern Pipe Line Company, its successors and assigns, which includes HSR.
HSR's pipeline easement should be accounted for in your evaluation of the above referenced
matter. You should also be aware that HSR owns the right to develop and explore for oil and gas
in that portion of Section 26 where the Composting Facility is to be located, as well as similar
rights in the surrounding area. A copy of a Notice of Oil and Gas Interests and Surface Use
describing HSR's leasehold rights is enclosed for your review.
At the present time, HSR and the surface owner have not executed a surface use
agreement concerning access to HSR's pipelines or the impact upon the pipelines which may be
caused by heavy equipment to be used in conjunction with the Composting Facility. Likewise,
there has been no surface use agreement executed to address HSR's rights to explore for oil and
gas in Section 26. HSR requests that the Site Specific Development Plan and Special Review
Permit adequately accommodate HSR's rights or be conditioned upon execution of an agreement
that adequately protects the interests of HSR. As soon as possible, HSR hopes to negotiate a
DGS-WP-iM anage;341412;1 EXHiert
December 14.2000 2'.30 Pm Dustin M.Ammons 303 892 7488 dustin.ammons@dgslaw.com
1550 Seventeenth Street • Suite 500 • Denver, Colorado 80202 303 892 9400 fax 303 893 1379 i{
www.dgslaw.com
December 14, 2000
Page 2
surface use agreement addressing these concerns so that surface and mineral use can be mutually
accommodated.
Very truly yours,
Dustin M. Ammons
for
DAVIS, GRAHAM & STUBBS LLP
DMA/jw
Enclosures
cc: John Moser(Stromo LLC)
6600 West 20th Street, #11
Greeley, Colorado 80634
J. Wason of HS Resources
(without attachments)
FEE.16.2991 5'33AM HSRESOL'URCES P.O.c=.- ?. -'1U
SURFACE USE AGREEMENT
(Strome, LLC Composting Facility)
This Surface Use Agreement("Agreement") is wade this day of 2001, and
is between HS Resources, Inc., a Delaware corporation ("HSR") and HS Gathering, L.L.C., a
Delaware limited liability company `HSG")(collectively, the"HS Entities"),having an office at
1999 Broadway, Suite 3600,Denver, CO 80202,and Strome,LLC,a limited liability
company having an office at 6600 West 20°i Street, #11, Greeley, Colorado 80634 ("Surface
Owner").
Recitals
A. Surface Owner is the surface owner of the SW/4 of Section 26, Township 3 North,
Range 65 West, Weld County,Colorado (hereinafter referred to as the"Property").
B. Surface Owner's surface ownership of the Property is subject to the rights of the oil
and gas mineral leasehold estate created in that certain Oil and Gas Lease dated March
26, 1970, recorded in Book 624, Reception No. 1546304 of the real property records of
Weld County, Colorado, from Wesley Moser et ux. to T.S. Pace (hereinafter referred to
as the "Oil and Gas Lease," a copy of which is attached hereto), which Oil and Gas
Lease is now owned by HSR.
C. Surface Owner's surface ownership of the Property is also subject to that certain
Right-of-Way Grant dated May 31, 1972,recorded in Book 669, Reception No, 1590921
of the real property records of Weld County, Colorado, from Wes Moser and Sons, Inc.
to Panhandle Eastern Pipe Line Company, a predecessor in title to HSG, granting a
pipeline right-of-way over and across the Property (hereinafter referred to as the "ROW
Grant,"a copy of which is attached hereto).
D. Surface Owner has plans to develop a portion of the surface of the Property as a
composting facility, Surface Owner and the HS Entities desire that the use of that
portion of the surface of the Property for the composting facility accommodate oil and
gas operations and development as provided herein.
E. HSR has the right to develop the oil and gas leasehold estate by drilling additional
wells (hereinafter referred to as "Future Wells") on the Property and to deepen,
recomplete, or rework any such Future Wells, and HSG has the right to conduct pipeline
operations as set forth in the ROW Grant.
F. This Agreement sets forth the parties' rights and obligations regarding the
relationship between the development of the Property by Surface Owner and the HS
Entities with respect to operation and development of the oil and gas leasehold estate
and to pipeline operations.
DQS•W-1178 Mow SUA Composting bolllly.0OC
2115/01 5:09 PM
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. WELL LOCATIONS.
HSR shall have the right to drill Future Wells (including horizontal and directional wells that
produce from and drain lands other than the Property) at all locations permitted under the
then applicable well location and spacing regulations of the Colorado Oil and Gas
Conservation Comm;cqion ("COGCC") or exceptions granted thereto by the Director of the
COGCC, and neither the Surface Owner nor any successor or assign of Surface Owner shall
protest or object to any such exception location (hereinafter, an "Oil and Gas Operations
Area"), Upon thirty (30) days prior notice to Surface Owner, HSR may reasonably relocate
any compost, the relocation of which HSR deems necessary for any operations conducted by
HSR in connection with any Future Wells, including, but not limited to, drilling and
completing such Future Wells, production activities, workovers, well deepening!,
recompletions and fracture stimulation treatments.
2. ACCESS
Surface Owner shall provide to the HS Entities an easement for access to and from all wells,
including any Future Wells, pipelines and production facilities located within any Oil and
Gas Operations Area.
3. BATTERIES AND EQUIPMENT.
HSR shall have the right to locate, build, repair and maintain tanks, separators, dehydrators,
compressors and other equipment reasonably appropriate for the operation and production of
any Future Well within the respective Oil and Gas Operations Area, With respect to HSR's
equipment and facilities other than pipelines:
a. HSR shall install and maintain, at its sole cost ark expense, all fences around any Future
Wells in compliance with the Rules and Regulations of the COOCC or as are mutually
agreed to by Surface Owner and HSR;
b. HSR shall install and maintain, at its sole cost and expense, all gates and locks necessary
for the security of any wells or facilities in any Oil and Gas Operations Area. Such gates and
locks shall be the standard gates and locks used by HSR;
c, HSR shall paint any production facilities for any wells, including wellhead guards,with a
paint color that is approved by the COOCC;and
d. Surface Owner may install and maintain, at its sole cost and expense, landscaping around
any well or facility that will not interfere with HSR's access to or ability to operate such well
or facility,
FEE. 16.'001 5. =5F,M HUF,E1. :E`er
4. FLOWLINES AND PIPELINES.
HSG shall have the right to lay and/or replace any and all flowlines and pipelines for gas
production and transportation from any wells on the Property. Surface Owner shall rant to HSG
all rights-of-way reasonably necessary for the construction by HSG of any new flowlines or
pipelines. All flowlines and pipelines shall be located at a depth of approximately 48 inches
from the surface. Flowlines are defined as those lines, which carry water or hydrocarbons from
the wellhead to a production unit such as a separator. Should Surface Owner request the
relocation of any flowlines or pipelines on the Property, and HSG agrees to such relocation,
Surface Owner shall be responsible for any and all relocation costs. Surface Owner agrees to
relocate any compost that is reasonably determined by HSG to be necessary to allow the
installation or relocation of any flowline or pipeline. Surface Owner shall maintain a minimum
of 48 inches and not more than 72 inches of cover over all flowlines and pipelines, and Surface
Owner shall not place compost over any existing or future flowline or pipeline. Surface Owner
and HSG shall consult and cooperate regarding their respective development plans on the
Property.
5. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
a. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR,
SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE
SCOPE OF THIS AGREEMENT.
b. Except as to claims arising out of pollution or environmental damage (which
claims are governed by Section 6 below) or out of other provisions of this Agreement (which
claims shall be governed by the terms of this Agreement), each party shall be and remain
responsible for all liability for losses, claims, damages, demands, suits, causes of action, fines,
penalties, expenses and liabilities, including without limitation attorneys' fees and other costs
associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out
of or connected with each such party's ownership or operations on the Property, no matter when
asserted, subject to applicable statutes of limitations. Each such party shall release, defend,
indemnify and hold the other parties,their officers, directors, employees, successors and assigns,
harmless against all such Claims. This provision does not, and shall not be construed to, create
any rights in persons or entities not a party to this Agreement, nor does it create any separate
rights in parties to this Agreement other than the right to be inllnrnifsd for Claims as provided
herein.
c. HSR shall have the right to Me an operator's lien against other owners of the oil
and gas leasehold interest to recover amounts owed to HSR thereunder.
d. Upon the assignment or conveyance of a party's entire interest in the Property,
that party shall be released from its indemnification in Section 5.b. above, for all actions or
occurrences arising from events after such assignment or conveyance.
6. ENVIRONMENTAL INDEMNITY.
The provisions of Section 5 above, except for Section 5.a., shall not apply to any
environmental matters, which shall be governed exclusively by the following provisions of this
Section 6, subject to the limitations of Section 5.a. above:
a. "Environmental Claims" shall mean all Claims asserted by governmental bodies
or other third parties for pollution or environmental damage of any kind, arising from operations
on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is
applicable, and all cleanup and remediation costs, fines and penalties associated therewith,
including but not limited to any Claims arising from Environmental Laws or relating to asbestos
or to naturally occurring radioactive material. Environmental Claims shall not include the costs
of any remediation undertaken voluntarily by any party, unless such remediation is performed
under the imminent threat of a Claim by a governmental body or other third party.
b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or
order of any governmental authority(ies), which relate to or otherwise impose liability,
obligation, or standards with respect to pollution or the protection of the environment, including
but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended(42 U.S.C. § 9601 et seq.),the Resource Conservation and Recovery Act of
1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe
Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49
U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§
2601-2629).
c. Environmental Indemnification. The HS Entities shall fully protect, indemnify,
and hold harmless Surface Owner from any Environmental Claims relating to the Property that
arise out of the HS Entities' ownership or operation under the Oil and Gas Lease or the ROW
Grant. Surlhce Owner shall fltlly protect, indemnify,and hold harmless the HS Entities from any
and all Environmental Claims relating to the Property that arise out of Surface Owner's
development of the Property.
7. EXCLUSION FROM INDEMNITIES.
The indemnities of any party herein shall not cover or include any amounts, which the
indemnified party may recoup from any third party, or that for which the indemnified party is
reimbursed by any third party. The indemnities in this Agreement chatl not relieve any party
from any obligations to third parties.
8. NOTICE OF CLAIM FOR INDEMNIFICATION.
If a Claim is asserted against a party for which another party would be liable under the
provisions of Section 5 or 6 above, it is a condition pew-dent to the indemnifying party's
obligations hereunder that the indemnified party give the indemnifying patty written notice of
such Claim setting forth all particulars of the Claim, as known by the indemnified party,
including a copy of the Claim(If it is a written Claim). The indemnified party shall make a good
faith effort to notify the indemnifying party within five (5) days of receipt of a Claim and shall
deliver such notice in all events within such time as will allow the Indemnifying party adequate
time to defend against such Claim.
.5/1J
9. SURFACE DAMAGES.
Surface Owner shall bear all risk of loss for any reason with respect to any improvements
constructed by Surface Owner or its assigns that are located within any Oil and Gas Operations
Area, the flowline or pipeline easements contemplated in Section 4, or the access roads
contemplated in Section 2, and Surface Owner hereby waives and releases the HS Entities and
their respective affiliates, shareholders, members, officers, agents, representatives, employees,
successors and assigns,from any and all liability for any claims, damages or losses associated in
any way with such improvements or surface damages thereon, regardless of any negligence on
the part of or on behalf of an HS Entity or its affiliates, shareholders, members, officers, agents,
representatives, employees, successors or assigns. In consideration of the parties' rights and
obligations, as outlined herein, this Agreement shall constitute the agreement for surface
damages required pursuant to the COOCC's Rules and Regulations and the Oil and Gas Lease.
ID.REPRESENTATIONS
Each party represents that it has the full right and authority to enter into this Agreement.
HSR hereby states that it does not have the right to settle matters for all of the mineral owners in
the Property, and this Agreement shall only apply to and bind the HS Entities' respective
interests in the Property.
11. SUCCESSORS,
The terms, covenants and conditions hereof shall be binding upon and shall Inure to the
benefit of the parties and their respective heirs, devises,executors, administrators, successors and
assigns.
12. TERM.
This Agreement shall become effective when it is fully executed. With respect to HSR's
rights and interests under the Oil and Gas Lease, this Agreement shall remain in full force and
effect until such leasehold interest expires or is terminated, HSR has plugged and abandoned all
wells owned all or in part by HSR,and HSR has complied with the requirements of all applicable
oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other
applicable provisions of the Oil and Gas Lease and existing laws and regulations. With respect
to MSG's rights and interests under the ROW Grant, this Agreement shall remain in hall force
and effect unless and until this Agreement is terminated by the mutual agreement of the parties
hereto. When this Agreement ceases to be in full force and effect, the parties shall execute any
and all releases necessary to evidence the fiat that this Agreement shall no longer apply to the
Property.
13. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited 1u U.S.Mail,postage prepaid,addressed to each of the following:
FEE 'E.20=i1 _. _ 10
If to the HS Entities:
HS Resources,Inc, and/or HS Gathering,L.L.C.
1999 Broadway, Suite 3600
Denver,Colorado 80202
Attention Land Manager
If to Strome,LLC:
6600 West 20wf Street,#11,
Greeley, Colorado 80634
Attention: 1olm Moser,Manager
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
14. ARBITRATION. •
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, which cannot be resolved by the negotiation of the parties shall be resolved by
arbitration conducted in Denver, Colorado and shall be artministered by the American
Arbitration Association under its commercial rules. Any judgment on the award rendered by the
arbitrator(s)may be entered in any court having jurisdiction thereof.
15. APPLICABLE LAW.
This Agreement cabal( be governed by and construed in accordance with the law of the
State of Colorado,without reference to its conflict of laws provisions.
16. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties hereto regarding the
matters addressed herein, and supersedes any previous communications, representations or
agreement, whether oral or written. This Agreement shall not be amended, except by written
document signed by all parties.
[the remainder of this page is intentionally blank]
r. REEE.: ACE'.=: - -
The parties have executed this Agreement on the day and year first above written.
HS RESOURCES, INC.
By:
Name:
Title:
HS GATHERING,L.L.C.
By its sole member and manager,
115 Resources,Inc.
By:
Name:
Title:
STROMO, LLC
By:
Name: John Moser
Title: Manager
TEE ? ?001 _ Hi -HSRE=�
Acknowledgments
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of
2001, by as of HS Resources, Inc., a Delaware
corporation,on behalf of such corporation.
Witness my hand and official seal.
(SEA
Notary Public
My Commission Expires:
STATE OF COLORADO )
CITY AND )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of
2001, by as of HS Resources, Inc., in its
capacity as Manager of HS Gathering,L.L.C„a Delaware limited liability company,on behalf of
such company.
Witness my hand and official seal.
(SEAL)
Notary Public
My CommissionExpires:
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2001,by John Moser,as Manager of Strome,LLC,a limited liability company,
on behalfof such company.
Witness my hand and official seal.
(SEAL)
Notaty Public
My Commission Expires:
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