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Home My WebLink About20012732 (Victerit;tist DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE C. GREELEY, COLORADO 8 631 COLORADO August 22, 2001 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-543 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,September4,2001, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Daryl & Carol Propp (Long's Peak Estates) FOR: A Planned Unit Development Change of Zone for seven (7) Residential Lots and 3.3 acres of Common Open Space. LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 12, between WCR's 5 & 7. 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. 2001-2732 EXHIBIT = SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Z-543, Daryl and Carol Propp Robert Deming & Richard Bower 4471 Peak View Rd Erie, CO 80516 Terrance &Joan Rhodes 4590 Peak View Rd Erie, CO 80516 Joan Roloff 10935 Verna Ln Northglenn, CO 80234 Anna Lafferty 4652 Peak View Rd Erie, CO 80516 Michael Lafferty 4702 Peak View Rd Erie, CO 80516 Davis Tietze 4831 Peak View Rd Erie, CO 80516 Gregory&Janie Potts 4801 Peak View Rd Erie, CO 80516 Addison & Beatrice Lease 4651 Peak View Rd Erie, CO 80516 Michael & Barbara Hubbard 4701 Peak View Rd Erie, CO 80516 Franklin & Farris Miller 2624 WCR 12 Erie, CO 80516 Jerome & Karen Popelka 2544 WCR 12 Erie, CO 80516 Cynthia &Stanley Stegall 2606 WCR 12 Erie, CO 80516 Paul & Pamela Bartholf 2434 WCR 12 Erie, CO 80516 Bridgett Bauer& Perry McNeece 4738 WCR 5 Erie, CO 80516 Robert&Gladys Wentzel 4630 WCR 5 Erie, CO 80516 David Smoljan 4620 WCR 5 Erie, CO 80516 Anthony&Janet Luciano 4520 WCR 5 Erie, CO 80516 AVSET MANAGEMENT SERVICES LLC PO BOX 740713 ARVADA, CO 80006 DOUG & CATHERINE LOVIK 2344 WCR 12 ERIE, CO 80516 VICKIE MARTIN 2384 WCR 12 ERIE, CO 80516 LAWRENCE STUART 4540 WCR 5 ERIE, CO 80516 ANTHONY&JANET COZZA 4520 WCR 5 ERIE, CO 80516 DEBRA& RONALD BARR 4551 WCR 7 ERIE, CO 80516 MARGARET & ROZELLE MEDON 2574 WCR 12 ERIE, CO 80516 BARBARA NELSON 4701 PEAK VIEW ROAD ERIE, CO 80516 RANDY ROSE 4801 PEAK VIEW ROAD ERIE, CO 80516 UNION PACIFIC RAILROAD COMPANY 1700 FARNAM STREET#10S-FL OMAHA, NE 68102-2010 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 Z-543 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 22th day of August, 2001. Donita May t‘yort.i. Kik DEPARTMENT OF PLANN ING SERVICES Willa PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. VGREELEY, COLORADO 80631 COLORADO June 26, 2001 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-543 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,July 17,2001, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Daryl & Carol Propp (Long's Peak Estates) FOR: Planned Unit Development Change of Zone for thirteen (13) Residential Lots and 3.3 acres of Common Open Space . LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of& adjacent to WCR 12, between WCR's 5 &7. 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. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Z-543, Daryl and Carol Propp Robert Deming & Richard Bower 4471 Peak View Rd Erie, CO 80516 Terrance &Joan Rhodes 4590 Peak View Rd Erie, CO 80516 Joan Roloff 10935 Verna Ln Northglenn, CO 80234 Anna Lafferty 4652 Peak View Rd Erie, CO 80516 Michael Lafferty 4702 Peak View Rd Erie, CO 80516 Davis Tietze 4831 Peak View Rd Erie, CO 80516 Gregory& Janie Potts 4801 Peak View Rd Erie, CO 80516 Addison & Beatrice Lease 4651 Peak View Rd Erie, CO 80516 Michael & Barbara Hubbard 4701 Peak View Rd Erie, CO 80516 Franklin & Farris Miller 2624 WCR 12 Erie, CO 80516 Jerome & Karen Popelka 2544 WCR 12 Erie, CO 80516 Cynthia & Stanley Stegall 2606 WCR 12 Erie, CO 80516 Paul & Pamela Bartholf 2434 WCR 12 Erie, CO 80516 Bridgett Bauer& Perry McNeece 4738 WCR 5 Erie, CO 80516 Robert& Gladys Wentzel 4630 WCR 5 Erie, CO 80516 David Smoljan 4620 WCR 5 Erie, CO 80516 Anthony&Janet Luciano 4520 WCR 5 Erie, CO 80516 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 Z-543 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the • attached list this 26th day of June, 2001. ` E''`'�I` '� Donita� May — ts 6 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 441411 FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 111C. COLORADO March 23, 2000 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-543 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 16, 2000, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Daryl and Carol Propp (Long's Peak Estates) FOR: Planned Unit Development Change of Zone for thirteen (13) Residential Lots and 3.3 acres of Common Open Space. LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 12, between WCR's 5 and 7. 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. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Z-543, Daryl and Carol Propp Robert Deming & Richard Bower 4471 Peak View Rd Erie, CO 80516 Terrance & Joan Rhodes 4590 Peak View Rd Erie, CO 80516 Joan Roloff 10935 Verna Ln Northglenn, CO 80234 Anna Lafferty 4652 Peak View Rd Erie, CO 80516 Michael Lafferty 4702 Peak View Rd Erie, CO 80516 Davis Tietze 4831 Peak View Rd Erie, CO 80516 Gregory &Janie Potts 4801 Peak View Rd Erie, CO 80516 Addison & Beatrice Lease 4651 Peak View Rd Erie, CO 80516 Michael & Barbara Hubbard 4701 Peak View Rd Erie, CO 80516 Franklin & Farris Miller 2624 WCR 12 Erie, CO 80516 Jerome & Karen Popelka 2544 WCR 12 Erie, CO 80516 Cynthia & Stanley Stegall 2606 WCR 12 Erie, CO 80516 Paul & Pamela Bartholf 2434 WCR 12 Erie, CO 80516 Bridgett Bauer& Perry McNeece 4738 WCR 5 Erie, CO 80516 Robert& Gladys Wentzel 4630 WCR 5 Erie, CO 80516 David Smoljan 4620 WCR 5 Erie, CO 80516 Anthony &Janet Luciano 4520 WCR 5 Erie, CO 80516 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 Z-543 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 24th day of March, 2000. ^- _ Trisha Swanson Weld County Planning Dept '.FFIDAVIT OF INTEREST OWNERS :SURFACE ESTATE ivy 23 2000 RECEIVED Legal Description: SEE ATIACHAD THE UNDERSIGNED, being first duly sworn, 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' of property (the surface estate) within five hundred (500) feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. /Signature G1,LJ 10 Legal Description The following real property, in the North of Erie, County of Weld,and State of Colorado, to wit: An undivided one-half interest in and to the East/z of the East '/2 of the Northeast '/ of the Northwest '/, of Section 9,Township 1 North,Range 68 west of the 6th P.M.,Weld County, Colorado, more particularly described as follows: Beginning at the north quarter corner of said Section 9; thence southerly along the east line of the Northwest 1/4 of said Section 9, a distance of 1338 feet, more or less, to the south line of the Northeast '/ of the Northwest '/ of said Section 9;thence westerly along the south line of the Northeast ''/,of the Northwest '/ of said Section 9, a distance of 330.16 feet to a point;thence northerly and parallel to the east line of the said Northwest 1/4 of said Section 9, a distance of 1339.36 feet,more or less,to the north line of said Northwest 1/4 of said Section 9; thence easterly along said north line of said Northwest 'G of said Section 9, a distance of 329.56 feet to the POINT OF BEGINNING. Including all water rights and water taps with property with all its appurtenances, and warrant(s)the title to the same. The following real property,in the North of Erie,County of Weld, and State of Colorado,to wit: An undivided one-half interest in and to all that part of the West V2 of the Northeast 1/4 of Section 9, Township 1 North,Range 68 West of the 6'h P.M.,Weld County,Colorado,described as follows: Beginning at the northwest corner of said Northeast '/of said Section 9, a point from which the northeast corner of said Section 9 bears East 2637.5 feet,more or less; thence South 0°50' West 1094.9 feet along the West line of said Northeast '/.to the TRUE POINT OF BEGINNING; thence South 0° 50' West 1582.1 feet, more or less, along the west line of said Northeast 1/4 to the southwest corner of said Northeast''/,of said Section 9; thence East 118 feet along the south line of said Northeast ''/to an irrigation ditch; thence along the approximate center of said ditch the following courses: North 7°54' East 136.25 feet; North 59°28' East 300 feet; North 55°23' East 217 feet; North 45°23' East 471.4 feet; North 39°51' East 62.7 feet; North 6°06' West 100.4 feet; North 41°00' West 516.1 feet; North 39°05' West 273 feet to the headgate of a lateral ditch; thence North 77° 15' West along said lateral ditch 417.2 feet more or less, to the TRUE POINT OF BEGINNING; together with an undivided interest in one(1)share of the capitol stock of the Farmer's Reservoir and Irrigation Company,with all it appurtenances, and warrant(s)the title to the same. Property Owners Within 500 Feet The following list of property owners within 500 feet of the subject property was obtained from the Weld County Assessors office on February 4, 2000. 1467-09-1-03-010 Robert W. Deming & Richard Bower 4471 Peak View Road Erie, CO 80516 1467-09-1-03-009 Terrance E. & Joan P. Rhodes 4590 Peak View Road Erie, CO 80516 1467-09-1-03-004 Joan A. Roloff 10935 Verna Lane Northglenn, CO 80234 1467-09-1-02-007 Anna M. Lafferty 4652 Peak View Road Erie, CO 80516 1467-09-1-02-008 Michael E. Lafferty 4702 Peak View Road Erie, CO 80516 1467-09-1-02-009 Davis A. Tietze 4831 Peak View Road Erie, CO 80516 1467-09-1-02-010 Gregory G. & Janie J. Potts 4801 Peak View Road Erie, CO 80516 1467-09-1-02-006 Addison E. & Beatrice A. Lease 4651 Peak View Road Erie, CO 80516 1467-09-1-02-005 Michael A. & Barbara J. Hubbard 4701 Peak View Road Erie, CO 80516 1467-09-1-00-002 Franklin D. & Farris Charles Miller 2624 County Road 12 Erie, CO 80516 1467-09-1-00-009 Jerome W. & Karen G. Popelka 2544 County Road 12 Erie, CO 80516 1467-09-1-00-017 Cynthia L. & Stanley C. Stegall 2606 County Road 12 Erie, CO 80516 1467-09-0-00-008 Paul D. & Pamela A. Bartholf 2434 County Road 12 Erie, CO 80516 1467-09-0-00-010 Bridgett Bauer & Perry G. McNeece 4738 County Road 5 Erie, CO 80516 1467-09-0-00-011 / 1467-09-0-00-018 Robert L. & Gladys Wentzel 4630 County Road 5 Erie, CO 80516 1467-09-0-00-073 / 1467-09-0-00-018 David J. Smoljan 4620 County Road 5 Erie, CO 80516 1467-09-0-00-058 Anthony & Janet M. Cozza Luciano 4520 County Road 5 Erie, CO 80516 82117th Street,Suite 500 WELBORN SULT.IVAN MECK &TOOLEY,P.C. »e f.Colorado Su 80202 ATTORNEYS AT LAW Telephone:303830-2500 Facsimile:303.832-2366 E-mail:wsmvPnsmtlaw.com John F.Welborn Stephen J.Sullivan John E Meek Keith D.Tovlcy Sender ft Joss Doan s.Toolcy September 14, 2001 Thomas c.McKee Molly Sommerville William LEapson Kathryn Haien l(Stcn L Mix Stephen ABain Via Telefax and U.S MailAmy E.Mang na.idle V Wilasky Rebecca N-Wetbote Special Counsel Kim Ogle NoM=aEuty•Je County Planner Weld County Department of Planning Services of Counsel Robot E sorb= N. 17"'Street Greeley, CO 80631 Re: Longs Peak Estates/Daryll and Carol Propp Township 1 North,Range 68 West Section 9: NW4; NE4(portions) Weld County,Colorado Dear Kim: In accordance with our telephone conversation yesterday,I request that Weld County provide notices of hearings on an application that has been filed by Daryll and Carol Propp for a subdivision known as Longs Peak Estates,case number Z-543,to the parties and addresses as follows: Molly Sommerville,Esq. Welborn Sullivan Meek&Tooley,P.C. 821 17th Street, Suite 500 Denver,Colorado 80202 Telephone: (303) 830-2500 Dan Casper PA. Box 265 Franktown, CO 80116 As you may be aware,I filed a document with the Board of County Commissioners entitled "Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and £/Z 2'0Hd 005Z0£6£0£ °OI 1WSM'WO2ld Z0 ' SI 1.0-17I-d3S September 14, 2001 Page 2 Objection" dated August 3, 2001 on behalf of my clients,RME Land Corp. and RME Petroleum Company. I understand that a hearing is scheduled before the Board for October 16. If you have any questions regarding this matter,please call me_ Best regards, Molly Sommerville MLS/jjkj cc: Toni Marranzino Marla Jones,Esq. Don Ballard Dan Casper Daryll Propp Evan Lipstein sAbins\un.t.congptasstmes\og iv_091301.wpd E/E 30Hd 00SL0£6E 0£ `OI SWSM'W0dA Z0 ' SI t0-bt-d3S AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: SF F ArTAcMEIn Property Legal Parcel Number: I4(s 70 q j woo 4 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and address of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the real property records in the Weld County Clerk and Recorder's Office. / f / 1'T r /; By: Title: (7-' ` ' -7 L Cl? The foregoing instrument was subscribed and sworn to me this h---day of///<' 4-, WITNESS my hand and official seal. My Commission Expires: 440/U% 7 Notary Public 12 Legal Description The following real property, in the North of Erie, County of Weld, and State of Colorado, to wit: An undivided one-half interest in and to the East '''A of the East ''/of the Northeast '/.of the Northwest 1/4 of Section 9,Township 1 North,Range 68 west of the 6th P.M.,Weld County, Colorado, more particularly described as follows: Beginning at the north quarter corner of said Section 9; thence southerly along the east line of the Northwest ''A of said Section 9, a distance of 1333 feet, more or less, to the south line of the Northeast '/,of the Northwest '/A of said Section 9; thence westerly along the south line of the Northeast 'A of the Northwest '/ of said Section 9, a distance of 330.16 feet to a point; thence northerly and parallel to the east line of the said Northwest '/of said Section 9, a distance of 1339.36 feet, more or less,to the north line of said Northwest ''/. of said Section 9; thence easterly along said north line of said Northwest '',of said Section 9, a distance of 329.56 feet to the POINT OF BEGINNING. Including all water rights and water taps with property with all its appurtenances, and warrant(s)the title to the same. The following real property, in the North of Erie,County of Weld, and State of Colorado, to wit: An undivided one-half interest in and to all that part of the West '''/ of the Northeast ''/,of Section 9, Township 1 North,Range 68 West of the 6'h P.M., Weld County, Colorado, described as follows: Beginning at the northwest corner of said Northeast '/ of said Section 9, a point from which the northeast corner of said Section 9 bears East 2637.5 feet,more or less; thence South 0° 50' West 1094.9 feet along the West line of said Northeast '/to the TRUE POINT OF BEGINNING; thence South 0' 50' West 1582.1 feet, more or less,along the west line of said Northeast '/to the southwest corner of said Northeast '/ of said Section 9; thence East 118 feet along the south line of said Northeast 'A to an irrigation ditch; thence along the approximate center of said ditch the following courses: North 7° 54' East 136.25 feet; North 59° 28' East 300 feet; North 55°23' East 217 feet; North 45° 23' East 471.4 feet; North 39°51' East 62.7 feet; North 6°06' West 100.4 feet; North 41° 00' West 516.1 feet; North 39°05' West 273 feet to the headgate of a lateral ditch; thence North 77° 15' West along said lateral ditch 417.2 feet more or less, to the TRUE POINT OF BEGINNING; together with an undivided interest in one (1)share of the capitol stock of the Farmer's Reservoir and Irrigation Company, with all it appurtenances, and warrant(s)the title to the same. Mineral Owners Union Pacific Resources Company owns all of the oil and gas that underlie the property. Please see attached letter regarding the agreement between the property owner and Union Pacific Resources Company. WELBORN SULLIVAN MECK &TOOLEY, PC. 821 17th Street, Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone:303-830-2500 Facsimile:303-832-2366 E-mail:wsmt@wsmtlaw.com John F Welborn Stephen J.Sullivan John F Meck Keith D.Tooley Kendor P Jones Brian S.Tooley August 3, 2001 Thomas C.McKee Weld CountyMolly Sommerville William R.Rapson Kathryn Haight Planning Dept, StephenA.Bain Amy E.Mang Via Telefax and U.S. Mail Danielle V.Smith AUG' 0 7 � m-iECEI Rebecca N.Welborn Julie Chester w Special Counsel County Planner, Weld County e�•`J Norman S.Early,Jr. Department of Planning Services ® Of Counsel 1555 N. 17th Avenue Robert F Welborn Greeley, CO 80631 Re: Long's Peak Estates/Daryll and Carol Propp Township 1 North,Range 68 West Section 9: NW4; NE4 (portions) Weld County, Colorado Dear Julie: This law firm represents RME Land Corp.("RME Land"),formerly known as Union Pacific Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known as Union Pacific Resources Company,with respect to a land use application("Application")that has been filed with Weld County ("County") by Daryll and Carol Propp for the property referenced above ("Property")for a subdivision to be known as Long's Peak Estates. RME Land and RME Petroleum together own all of the minerals that underlie the Property. Enclosed is a letter to the members of the Planning Commission and the Board of County Commissioners entitled "Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and Objection"which I ask that you provide to the Planning Commission and the Board to be included in the record of the proceedings to be held on the Application. As I know you are aware, the Colorado General Assembly recently passed House Bill 01- 1088 which was enacted into law as Article 65.5, "Notification of Surface Development," in Title 24 and which became effective on July 1. The law requires that developers give notice to mineral interest owners of hearings on applications for development and certify to the local jurisdiction that Julie Chester, County Planner Weld County August 3, 2001 Page 2 the notice was given. Local governments are to require the certification as a condition for the approval of the application. Notices of hearings should be provided to the RME entities as follows: Mr. Tom Marranzino Anadarko Petroleum Corporation P. O. Box 1330 Houston, Texas 77251-1330 Dan Casper P.O. Box 265 Franktown, CO 80116 Thank you for your consideration and attention to this matter. Best regards, Molly Sommerville MLS/jkj Enclosures cc: Tom Marranzino Don Ballard Marla Jones, Esq. Daryll Propp Shirley Kovar/United States Exploration, Inc. Chris Greneaux/HS Resources, Inc. WELBORN SULLIVAN MECK &TOOLEY PC. 821 17th Street, Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone: 303-830-2500 Facsimile: 303-832-2366 E-mail:wsmt@wsmtlaw.com Weld County Planning Dept. John E Welborn Stephen J.Sullivan John F Meck ,'_"3 0 7 L0C August 3, 2001 Keith D.Tooley Kendor P Jones Brian S.Tooley RECEIVED Thomas C.McKee Molly Sommerville William R.Rapson Kathryn Haight Members of the Planning Commission Stephen A.Bain Amy E.Mang and the Board of County Commissioners Danielle V.Smith of Weld County Rebecca N.Welborn 1555 N. 17th Avenue Special Counsel Greeley, Colorado 80631 Norman S.Early,Jr. Of Counsel Robert E Welborn NOTICE OF MINERAL INTERESTS OWNED BY RME LAND CORP. AND RME PETROLEUM COMPANY AND OBJECTION Re: Long's Peak Estates/Daryll and Carol Propp Township 1 North,Range 68 West Section 9: NW4; NE4 (portions) Weld County, Colorado Ladies and Gentlemen: This law firm represents RME Land Corp.("RME Land"),formerly known as Union Pacific Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known as Union Pacific Resources Company,with respect to the application that has been filed with Weld County for approval of a subdivision for property ("Application") located in portions of the NW4 and the NE4 of Section 9, Township 1 North, Range 68 West ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the Property. RME Land and RME Petroleum wish to give notice to Weld County ("County") of the mineral interests they own under the Property and to make the County aware that any subsequent approval by the County of a subdivision may make the mineral resources that underlie the Property more difficult to develop. RME Land and RME Petroleum object to the approval by the County of the Application unless and until an agreement on surface use is reached between the RME entities and the Applicant. Members of the Planning Commission and the Board of County Commissioners August 3, 2001 Page 2 The following are comments in support of this Notice and Objection: 1. The Mineral Resources Other Than Oil and Gas Owned by RME Land. RME Land owns all of the minerals except for the oil and gas that underlie the Property. A senior geologist for RME Land has evaluated the Property for coal potential and determined that the Property is within the Boulder-Weld Coal Field where there has been extensive coal mining in the past. The coal lies within Seam#6 of the Laramie Formation at a depth of less than 170 feet and has a high BTU of approximately 9,560 btu/lb and a low sulfur content of approximately .33 percent. The geologist opines that there may be approximately 1.76 million tons of coal under Section 9 where the Property is located. 2. The Oil and Gas Resources Owned by RME Petroleum Company. RME Petroleum owns all of the oil and gas that underlies the Property. RME Petroleum has given an oil and gas lease for the NE4 to United States Exploration, Inc. ("UXP"). HS Resources, Inc. may also own oil and gas leasehold interests in the NW4 of the Property. 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Subdivision Applications. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which requires that notices of hearings of subdivision plat applications be given to mineral owners and lessees in counties. More important, subsection (10) states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically directs county planning commissions to recognize that the owners of subsurface mineral interests and their lessees have"the same rights and privileges as surface owners." Further,the Colorado General Assembly recently passed House Bill 01-1088 in Article 65.5, Title 24, "Notification of Surface Development", which requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions for applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. Members of the Planning Commission and the Board of County Commissioners August 3, 2001 Page 3 4. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law continues to provide that the mineral owner owns the dominant estate and has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. Union Pacific Railroad Company("Railroad")gave a deed to Katherine W. Toll dated May 8, 1902 and recorded in the Weld County Clerk and Recorder's office on June 4, 1902 in Book 201 at Page 3 in which it reserved all of the minerals. The Railroad granted the minerals to Union Pacific Land Resources Corporation (predecessor to RME Land) by quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in Book 644, Reception No. 1565712. Applicant had record notice at the time he acquired his interests in the Property that the minerals were severed from the surface estate and that he received less than the entire interest in the Property. 5. An Action by the County to Approve the Application may Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions for which the County Could Be Required to Pav the RME Entities Fair Compensation. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property' The United States Claims Court and the Federal Circuit Courts have awarded compensation or affirmed decisions to award compensation to energy and mining companies based upon claims by the companies that their mineral properties had been taken by the government without just compensation because of government regulations which disallowed the development by the companies of their mineral rights.' 'See Frankfort Oil Company v.Abrama 413 P.2d 190(Colo. 1966). Note also,Gerrity Oil&Gas Corporation v. Magness,946 P.2d 913 (Colo. 1977),which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. 2See, for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct.2886, 120 L.Ed.2d 798(1992). 3See for example Whitney Benefits,Inc.v. United States, 18 CI.Ct. 394(1989), corrected,20 CI.Ct. 324 (1990),affd.,926 F.2d 1169(Fed.Cir.), cert. denied, 112 S.Ct.406(1991); United Nuclear Corporation v.United States, 17 CI.Ct. 768,affd.,912 F.2d 1432(1990). Members of the Planning Commission and the Board of County Commissioners August 3, 2001 Page 4 5. The RME Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. RME Land and RME Petroleum ("RME entities") have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The RME entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The RME entities wish to work with the Applicant in the same manner that they have worked with other developers and,toward that end,RME Petroleum,UXP and the Propps are in the process of negotiating a surface use agreement for the Property. The RME entities object to the Application,however,until such time as they reach an agreement with the Applicant and request that the County make any approval of the Application conditioned upon an agreement between the Applicant and the RME entities. Very truly yours, WELBORN SULLIVAN MECK& TOOLEY, P.C. By: Molly Sommerville MLS/jkj Enclosures cc: Dan Casper Marla Jones, Esq. Don Ballard Tom Marranzino Chris Greneaux/HS Resources, Inc. Shirley Kovar/United States Exploration, Inc. Daryll Propp S:\MLS\Union\LongPeakEstates\W eld_County_Ih_073101.wpd Hello