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Home My WebLink About891138.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING AMENDED SPECIAL USE PERMIT #232 - PHILLIPS PETROLEUM COMPANY AND JACK W. ZIMBELMAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on June 21 , 1989 , a Probable Cause Hearing was held before the Board to consider a Show Cause Hearing to determine whether or not Phillips Petroleum Company and Jack W. Zimbelman were in compliance with Development Standard No. 22 of Amended Special Use Permit #232, and WHEREAS, the alleged violations were said to be occurring on property described as part of the NWI of Section 23, Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, said matter was continued to October 25, 1989, and WHEREAS, Nancy E. Vanburgel, of Phillips Petroleum Company, was present at the hearing of October 25 , 1989 , and WHEREAS, the Board, after hearing testimony from the Department of Planning Services and the representative of Phillips Petroleum Company, finds that pursuant to the Standard in the Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Amended Special Use Permit #232 , owned by Jack W. Zimbelman and operated by Phillips Petroleum Company, should be revoked for failure to comply with a certain Development Standard, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that a Show Cause Hearing be scheduled to determine whether or not Amended Special Use Permit #232 , owned by Jack W. Zimbelman and operated by Phillips Petroleum Company, should be revoked. Ph 0'975 }` 89113E Page 2 RE: SET SHOW CAUSE HEARING - PHILLIPS PETROLEUM/ZIMBELMAN BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is as follows: 1 . Whether or not the facility is in violation of Development Standard #22 regarding the removal of all facilities and structures to 30" below grade. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 4, 1990, at or about 9 : 00 a.m, and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD COUNTY, COLORADO Weld County erk and Recorder EXCUSED and Clerk to the Board C. . irby, Chairman may• ,nt, Gene R. Bra tner, Pro-Tem Deputy County erk /,� APPROVED AS TO FORM: Constance .C�L. Harbert &tdyC V lr County Attorney Gor . La` y 891138 CONTINUANCE OF PROBABLE CAUSE DATE: October 25, 1989 CASE #ZCH-51 NAME/OPERATOR: Phillips Petroleum PROPERTY OWNER: Jack W. Zimbelman ADDRESS: 8055 E. Tufts Avenue Parkway ADDRESS: 34014 State Highway 52 Denver, CO 80237-2898 Keenesburg, CO 80643 LEGAL DESCRIPTION: Part of the NW} of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado It is the opinion of the Department of Planning Services' staff, that the following standards as approved for Amended SUP-232 are not in compliance. Development Standard #22 "Upon completion of operations of the facility, all facilities and structures shall be removed to 30" below grade, in accordance with paragraph 3 of the Landowner's Lease dated January 5, 1975." Inspection of the property on October 20, 1989, showed the structures are still on the property, which is approximately 8.79 acres in size. Attached is a letter from Bob Hardt, Phillips Petroleum Company, requesting additional time to remove the structures on the property. He estimates the site cleanup will be completed by June 1, 1990. 9 " (A) A CA jj ll 043 u dy11 .id CASE SUMMARY ZCH-51 Jack W. Zimbelman 1/14/76 - Amended SUP-232 approved by Board of County Commissioners. 1/16/76 - SUP plat recorded 4/24/89 - Property inspected. Site has been abandoned. Structures are still on the property. 4/27/89 - Zoning compliance letter mailed to property owner. 5/11/89 - Received a phone call from Jack W. Zimbelmau, property owner. He said he would get us an address for Phillips Petroleum and an explanation of how the property is being used. 6/13/89 - No response has been received from Mr. Zimbelman. Probable cause letter mailed to Mr. Zimbelman. 6/14/89 - Probable cause notification mailed to surrounding property owners. 6/21/89 - Board of County Commissioners continued probable cause hearing to October 25, 1989, at 9:00 a.m. 10/6/89 - Property inspected. Structures not removed. 10/10/89 - Received call from Bob Hardt, Phillips Petroleum. Asked for letter. 10/16/89 - Received letter from Jack Zimbelman asking for certain structures to be left on the property to be used for agricultural purposes. Asked for plot plan showing exactly which buildings are being discussed. 10/19/89 - Received letter from Bob Hardt, Phillips Petroleum, asking for more time. 10/20/89 - Inspected site. 891138 °eiwPS PHILLIPS PETROLEUM COMPANY DENVER,COLORADO 80237-2898 8055 EAST TUFTS AVENUE PARKWAY TELEPHONE:303 850-3000 PROPERTY TAXES, REAL ESTATE AND CLAIMS October 18, 1989 Re: ZCH-51 Weld County Plant Weld County, Colorado Weld County Department of Planning Services Ms. Lanell J. Curry Current Planner 915 10th Street Greeley, CO 80631 _Dear Ms. Curry: In accordance with our discussion yesterday, I have outlined below the proposed cleanup schedule for the captioned site. The site rehabilitation process has not progressed as rapidly as I had initially hoped due to unforeseen delays in our receipt of environmental test results and bid packets for cleanup. Our proposed schedule is as follows: 1. Removal of miscellaneous concrete, footings and foundations prior to November 30, 1989. 2 . -Receipt and acceptance of bid packets for abatement work on vessels, piping and process equipment by November 30, 1989. Abatement work to be completed by January 15, 1990. 3. Salvage or sale of surplus equipment completed by March 1, 1990. 4. Final environmental and site cleanup completed by June i, 1990. Other than inclement weather, we do not anticipate any further delays or problems with the site rehabilitation and will make a good faith effort to -expedite our proposed schedule. Very truly//yyow- �/ yours , t cr ` R� rd/ '� RLH:sm OCT 1 91989 k21b Cii, Mitivi ns amm<:ai, 891138 October 13, 1989 Re: Amended SUP-232 Weld County Plant NW/4 Sec. 23 , T2N-R63W Weld County, Colorado Weld County Department of Planning Services Ms. Lanell J. Curry Current Planner 915 10th Street Greeley, CO 80631 Tear Ms. Curry: This letter is to advise that I have formally requested Phillips Petroleum Company to convey to me ownership of the compressor, office and garage buildings located on the captioned property. Inasmuch as the buildings are in excellent condition, I have decided to use the buildings in my farming operation. If, for any reason, I decide to use the buildings for a purpose other than agricultural, I will contact Weld County and obtain the necessary permits and approvals required for said use. It is my understanding that Phillips will commence the initial stage of its site clean up within the next 30-45 days. If you have any questions comments regarding this matter, please contact me at 732-4671. Very truly yours Jack Zimbe man cc: Phillips Petroleum Company LI -I��41rr�' I . P(. (ICI 1 r. 1989 891138 INTERNAL CASE MEMORANDUM TO: File PROM: Lanell J. Curry NAME: Jack Zimbelman ZEGAL DESCRIPTION OF PROPERTY: Part of the NW} of Section 23, T2N, R63W -of the 6th P.M. , Weld County, Colorado -DATE: October 10, 1989 CASE NUMBER: ZCH-51 Mr. Bob Hardt, Phillips Petroleum, called. He said the environmental assessment has been completed and the clean-up procedure has gone to bid. Another company is using certain parts of the property for gas processing. I asked for a letter documenting exactly what is still being used on the property. _Mr. Hardt said the Zimbelmans wanted certain structures left on the property for their own use. I asked for a letter detailing which structures they want to keep and the proposed uses of the structures. S91138 INSPECTION -REPORT NAME: ,Tack Zimbl-eman _IXGAL DESCRIPTION OF -PROPERTY: Part of the NW} of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado DATE: October 6, 1989 CASE NUMBER: Zell-31 Inspection showed the buildings and structures have not been removed. r 1 apell J. Cu{ry Current Plan r 1391138 7 Case Summary ZCH-51 Jack W. Zimbelman 1/14/76 - Amended SUP-232 approved by Board of County Commissioners. 1/16/76 - -SUP plat recorded. 4/24/89 - Property inspected. Site has been abandoned. Structures are still on the property. 4/27/89 - Zoning compliance letter mailed to property -owner. 5/11/89 - Received a _phone call from Jack W. 2imbelman, property _owner. He said he would get us an address for Phillips -Petroleum and an explanation of how the property is being used. 6/13/89 - No response has been received from Mr. Zimbelman. Probable cause letter mailed to Mr. Zimbelman. 6/14/89 - iProbably cause notification mailed to surrounding property owner-s. 891138 INSPECTION REPORT NAME: Jack W. Zimbelman LEGAL DESCRIPTION OF PROPERTY: Part of the NW$ of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado DATE: April 24, 19_89 CASE NUMBE-R: Amended SUP-232 Inspection of the -property showed the Special Use permit has been abandoned and is no longer in operation. _Development Standard #22 states, "Upon completion of operation of this facility, -all facilities and -structures shall be ir-emoved to 30 inches below grade, in accordance with paragraph 3 of landowners leases dated January 25, 1975." This site is in violation of this development standard. Structures and equipment are still located on the property. Five photographs were taken. `.�`--�,.ur -- � -r��✓ .cam.! Lanell J. Curry Current Planner 891138 • { i I 1 (• i l • ,' 1; `rte 7..'.4.c._ 1 c r r +w'C r . . c p 9 q'"�. .4Y. J f.'iY�M"a� F ,.k .itx • }y4° �yy ./{ �~i y pia CY. i.4 ..,4, !F ry 11S' 1 7y It :fi'� 7 llYk4�kr 4 ; .. LI L s h t4.f I•i . C. . a1 a,. .4'Y'1, y, jryrc t ' 'w 'Sbi _ � ` � t /y@y Utz \� 1 v ` t 'llr ` 1 ; _ ¢! �? 2111:�� F R . r } F r.a- : 19 ' 1 t- 7 f f •lE f f' RR 'FC&Late ��y,J .. .- . - - w �Y s 1 ��. • ' G 'xS �xi'91 ': . 891138 'A .. 72-'5. :: d a 414"' k is h M <4, F .. � xr"l�'6',v'� ':� {tn , i Y 1 j1• 1 411 I 2 .,f r It rr�1-�'IY �s •� , � f 54 'y�, �- . , �+}' 8911,38 DEPART' '-NT OF PLANNING SERVICES \" -� PHONE(303)356-4000-EXT.4400 �i 915 10th STREET GREELEY, COLORADO 80631 tr. �M L COLORADO April 27, 198-9 Mr. Jack W. Zimbelman 34014 State Highway 52 Keenesburg, CD 80643 Subject: Z-C1-51 Dear Nr. Zimbelman: An on-site inspection of your property was conducted on April 24, 1989, to determine if the Conditions of Approval and the _Development Standards placed on your property at the time Amended SUP-232 was approved by the Board of County Commissioners are in tomplianc-e. She inspection revealed violations of Devel-opment Standard #22. A -copy Asf the-se items from the approved resolution ar-e encloned. The Use by Special Ravi-es area must be brought into compliance with the Conditions of Approval and the _Development Standards within 30 days from the date of this letter. Noncompliance will re-suit in cur office scheduling a Probable Cause Hearing hefore the -Board of -County Commissioners . If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to Consider revocation -of the Use by Spacial Review -permit. If you hav-e information that may clear up this -matter, please call or write. Sincerely, /�� „ ti c) t om✓ Lanell li Lane 11 J. Curry Current Planner LJC:rjg enclosures 891138 nine /CV-171 INTERNAL CASE MEMORANDUM TO: File FROM: Lanell J. Curry, Current Planner NAME: Jack W. Zimbelman LEGAL DESCRIPTION OF PROPERTY: Part of -the NWi of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado DATE: May 11, 1989 CASE NUMBER: ZCH-51 & Amended SUP-232 Mr. Jack Zimbelman called and said _Phillips Petroleum still had -a lease on the property. -He said he would provide us with an address for them. June 12, 1989 - Called Mr. Zimbelman. Informed him probable cause hearing would b_e scheduled. He said he had -not had time to contact Phillips Petroleum. 891138 DEPART : OF PLANNING SERVICES t . - ‘,,1PHONE(303)356-4000 EXT.4400 ` wl 915 10th STREET ett% GREELEY,LOLORADO 80631 1. lt;:- i,`," -.., re. COLORADO June 13, 1989 Mr. Jack W. Zimbelman 34014 State Highway 52 Keenesburg, CO 80643 Subject: ZCH-51 Dear Mr. Zimbelman: Notice is hereby given that on Wednesday, June 21 , 1989 at 9:09 a.m. , or as soon thereafter as the agenda of the Board -of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing -pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth -Street, Greeley, Colorado. The purpose of this public hearing swill be to review case -number Amended SUP-232 for compliance with the _Development Standards as approved by the Board of County Commissioners on January 14, 1976, to -determine if -probable caus-e exists tc hold a hearing on revocation of -Amended ZUP-232. Inspection by representatives of this uffice have identified that you are not in compliance with Development Standard 22 . If it is determined at the public hearing that there is -probable cause that you are nut in compliance with _Development Standard 22, the Board of County Commissioners will schedule -a Show Cause public -hearing to consider revocation of the Special Review permit. 891138 Jack W. Zimbelman ZCH-51 Page 2 If you have any questions regarding this matter, please telephone. Respectfully, Lanell J. Curry Current Planner LJC:dn pc Phillips Petroleum Company 80555 East -Tufts Avenue Parkway Denver, CO 80237-2898 891138 DEPAR' ,T OF PLANNING SERVICES iartil 4* PHONE(303)356-4000 EXT.4400 Alai 915 10th STREET GREELEY,COLORADO 80631 COLORADO June 14, 1989 TO: SURROUNDING PROPERTY OWNERS Subject: ZCH — 51 NAME: Jack W. Zimbelman FOR: A Natural Gas Liquid Extraction Plant LEGAL DESCRIPTION: Part of the NW of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 69, approximately 1 mile north of Weld County Road 18. A Probable Cause Public Hearing is scheduled Before the Weld County Board of County Commissioners on Wednesday, June 21, 1989, at 9:00 a.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado. The purpose of this public hearing will Be to review case number Amended SUP-232 for compliance with the Development Standards as approved by the Board of County Commissioners on January 14, 1976, to determine if probable cause exists to hold a hearing on revicerstion of Amended SUP-232. You are receiving this notification because your property is within five-hundred (500) feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony -pertaining to Amended SUP-232 and the uses occurring on the approved site. For additional information write or telephone, Lanell J. Curry, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street — Room 342 Greeley, Colorado 80631 Phone: 336-4000 - Extension 4400 891138 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 the case #7.CH-51 for Jack W. Zimbelman in the United States Mail postage prepaid First Class Mail by postal card as addressed on the attached list. This 14th day of June, 1989. 891138 i SURROUNDING PROPERTY OWNERS ZCH-51 JACK W. ZIMBELMAN Anne Laurie Charlton, Trustee First National Bank of Greeley, Trustee, et al P.O. Box 1058 Greeley, CO 80631 Jack W. Zimbelman 34014 State Highway 52 Keenesburg, CO 80643 891138 "',..,si'cf "'r L'' S rr li." �\,v 1. •Af r >s e:• x .Ic 1 tr f<listAi ., 'a at aka ,w.,,n" t`o „xd."- .;tr +l ay, „ tC �' iw..r y � � c .err 1aa"�t: t .ti irk +. .' r - x ' Y.,e811t. h.r it t s.�3 t €:- x42. 8 L „ 5."�i , n .k r., ..y i z �.- .3N t s ,k $ ate' .� 3 `3r a � : e°t �.` coy +, t r r J.., , •J� a o . r• r tx :'x +r*+Ave ... s .° - .t. !'' a•, Cie ,.*3f.s ) ! '. , ,t .l.,.�♦ -r. -. s. , e}y. ag l-4 . 1st, 0.4 ^Ytel '°h~ts$ v' :11.. .i+�•,,,A F��"4 ...r;r4 Y.. an .j 1 dM . ., '+t.%,i • k � �.0'..74-4.1•7'4110•N +3��f, tae e.� w "�re :At.,� ” :. "Gtt�. x 11 .•I {' 3, r y; ;,3 Y" v�kv. �' t d. .r'yy"}y?� tet 1121 ;'k c rikork:a. A,Mq • -,� .1*T a.-,•. 'IF3d w _ ,,, �..S,tlft% c ati „a a r -'f .s ee ! L t T Fe bit 1 ii .1:-.4,T.9k �W ywr11 + ,1111t•8 .>'rf r .I; "no. �( ' t . Y4s . }tNe '�i Z.7 r ia: I Y r s:tt \ 4.: rw 'ts: .4• ia .. i v *:+:::, ) ', . , r T§ 3 e s t, Y ♦ (?.-1•,-; a .t`v .�. d Y'9.i St �♦ e 3�•a ,s. 1 G•ro WW •. 4, ,t,•,..,� iy +rZitiAhV ..a : yk : y C.•S;C;i.'e':" w"3f,°t� "t. 't":•ai4 f o' }rya .:;. . . .. 1 ctc.k `r`tr� lk :vr, e"1; .l k s(f,�e f •fvop /Svp, .,<,-,...;..,,-....-,....-.,-. ` ,, a 9 s'x erg` 1 ,v ,y F�a t ,, i � .4'".1,:t-e;K >k4-( R y i .,(e w>+ r e s a rv (ta w Ili c;' d'f�s�-w4 eY•,•,••74.-',, a r'a V M1� f ,. •Y F fk Y",N a, vI } Y♦ s e y ,ri' • f. .+ .,• s,4 awns. Y v i l4 l r ir d .F t" Dt .T�y a t₹e ..e " r c.:.9 f sg7 � fe Y�,,'c Qt. D .'4d , 'v e3•Nia.Ni %'rl�r%I n Y p 'tar J•2�,,ys'h f, w. yy. f. b xr� + �� ,`. ;;;A:-;;' „+8CC Retarded at �s .s11 Op ee ctyp! �{ rl . l8aJ _o clock( If, V 4 B �J7U "iy�t' ,,,,x₹, c Reception N 126,7353 ` r 'Y D MARY ANN Feu�asrEi"h curse,. � A�',•� Iq T'f^' '#,L✓y` Tills DEED, Made this Jai A day of December I M+4 d a } ' ,d in the year of our Lord one thousand nine hundred.nd seventy six '- + t,C'h.)"` .• 1 bet_eeo . + _ JOHN _ZIMBEUTAN, JR. and FLORA ZIMBEI31AN, fig.' husband and wife .yh ( e :1 t"F.2 of the , 'ttP County of We 1d and State of Colorado, of the first part, and }i • JACK Si. ZIM©EU1AN „,, wE t (y y of the County of Weld �}+�". and 01 y; fly State of Colorado,of the second part: 3H j `,_ N'ITNESSETH,That the said part leg of the firstVs.a r fiA},, �i, part, forand la consideration of the sum of fib , '�'' '1 other valuable consideration and ten and no/100 — DOLLARS, I ti �4 t - -, a to the aid part ies of the first part in hand paid by the saidpartpr 1.43,...4.4.„,* whereof is hereby confessed-aand acknowledged,ha ye y sold d the second and these receipt �!jf r'tY 4 }• granted, ibd-paited, and conveyed, by is .•.;.s,, • ,, Py�t present do pain,bargain, sell,comp sod conTrm,unto the uidyart y of the second part, hiss a • ,[( } heirs and assigns f . all the following described lot or parcel of land, situate, lying and being Sr in the Countyaf -Weld and-State of Colorado, to-wit: e � yr t Northwest Quarter (NW 1/4) of Section twenty three (23), 'Township Two (2) 1 f, North, Range 63 West of the 6th P.M. , together will all rights accruing :, ® r-, -by virtue of said premises being included within the boundaries of the FK. ' 3� •,f a Henrylyn irrigation District; r-eserving unto grantors all of the oil, y'5 ; :t , gas and other-minerals in and under said land not _previously conveyed .q'� or reserved; and reserving unto the NE 1/4, Section 22, T2N, R63W tf q'.lp f7 :ryZ the 6th P.M. the right to one-half (1/2) of the water from a domestic roll y�, tt tell on NW 1/4, Section 13, T2N, �t63W of the 6th P.M. and a right of lnC I¢ • way for the pipeline from -said well to residence located on the NE 1/4 • t, Section 122, T2N, -R63w of the 6th P.M. , all expenses for the maintenance vx "ld., of the +ell, -equipment and pipeline, including the replacement thereof x ` 3Y _ to be shared-equally by the respective owners of the properties i-nvolved 3 a (legal _description concluded on reverse side hereof) .)' ` TOGETHER-with all and singular the hereditament,and appurtenances thereto belonging, or in anywise r .+ h fk '• appertaining,and the ion and reversions.remainder and remainders,rents,issues and profits thereof; and all C { the estate,right.title,interest,claim and demnd whatsoever of the said part 1e4 of the Lot part,either to live eve } F` or-equity,of,in and to the above bargained premises,-with the hereditament,and appurtenances. 4t TO HAVE AND TO HOLD the aidpremises above bargained appurtenances,unto the kt.31 m e :. and deuribed,yilh the ty 'E said part y of the second parthis heirs and assign, f . And the said-Dart ter of the first part, ` for them selves,theimein, executors, and adminiYntars, do covenant, grant, bargain, and hh vex '_.,t+ 43. agree to and-with the said fl party of the second part, his heirs sod assigns,that at the time of the enseal• ' i 1 '4 W. i.4 ing_and delivery of these presents, they are —dl seized of the premises above conveyed, as of good, sure.i-Eky 4�$ _ _ perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and ha ye good right, full power • P} i w: and lawful authority to_grant,bargain,sell and convey the same in manner and form as aforesaid,and that the Lame x v r! 8 .Z� are free and clear iron all former and other pants,.bargains, ales,liens,taxes,assessments and encumbrances of E .* k —wwhatever kind or nature sane, except subject to -general taxes, -easements, re. ' any, now of record, and '' x �. � } ri-ghts of way, reservations -and leases, 1f � e A, . ' ,i, subject to farm and ranch -mortgage to The Federal Land Bank of ,,•> y # ''_ 8,? 1 i i -Wichita, Wichita, Kansas, recorded October 4, 1974 in Book 724 at i ; a -Page _210, weld County records. t.>5 ' f , •31:1-71.?-4.4;41.'' and the above bargained premises In the quiet and peaceable possession of the said part y of the second part, "t o q :yrx. hi-s heirs and assigns against all and every person or persons lawfully claiming or to claim the whole S r v im`; ora'y pan thereof,the aid pan ies of the first part shall and+ill WARRANT AND FOREVER DEFEND. f ;$F y.:. EN-WITNESS WHEREOF, the said part ie6 of the tintpart have ~f ..�� .4' -h...n.t. ..t the lr.nas ,r „ r and sal-8 the day and year first above written. .r , 71 7 !, 13. y 7 (SEAL) '. � vs 1 4 y i s .. _...__.__ i Z LMAN, a -iI'4 (SEAL) ''0.7 h91 t 'r e • 1,{t;• _._._._ £FLORA rLI EIJiAti e" AL) :1:-•'‘,'": f ..c n -SSTATE OFStuamaaO t t a _t1 „r.� .�ae#nd cent, a Denver a` • tVi'.9 j y:. r Ft I lq9�41ndrument was acknowledged before me ee this a�� _ay el -December • # }�s 'o A•1i.k1,lYyhffI/'WOHN ZIMBELMAN, JR. and FLORAZIMBEII•4AN, husband and wife. sty ."d (j��,pQ _ My�sOwa.l.e iU}ns November 25 , v7B ,-Witwm my hand and *Meta) anal T W f DF CDt•O _-.,. k .£L-/ ::,:wear: .... 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Zimbelman or -his heirs or Legatees to a party who is not an heir kl'e s t- r; r . ar legate of the _then grantors of said property or of the grantors ' e ( '' '�y R. herein. i # 2.. Y t "; et;yyt * " P c'` f t "mss.-i Xx o Y\ �. .::1 ��. u4y F; ,] ',X.1'1. lYtAt'74.1y. i i l,i" STS ,q' 3 :.1_ atilt 2 ri[': 3 {.s )l 1C t 'N.3'. K� F -ri y}p :14.77•4 +t .i. 11 J ) f 3 R :.4 fit?: V. 1,1 T' y 5,41-:i t:„t\fr ti •f , ri r .fi.fi`�� its r . j dr. -44' r t.tl : T I 4-4.;*;r 5 11 h Y 7.1114ri: : . -n J (4 r t)' f d 1 IU to ,, f4yy k r -- ' , .4 I -w r��-t_.tt '-$.;;;#4,!...iY S a . 't >i Ya tT .fM t.i r .i -j . i r•. Ant.4,...34.•,*:k'. ,, ..•'el Ch', ii '.t4'.' C 1t J11 L 4v i -- 45.1, k" J ,i. / , v �. a y.4 k.. :,.. • o,f� lic• 7. l f'a ft tit ;c- f.. ,, St+siz e.A v h�. ;7:4' 't e f s —N. mot; V" fli ;, fa �- ^i , z` a . "' k 891138 Yf �4 ',1•,,1'= �w )w:..e f d h:•sue • �wP:e.r • tr}a tt - +s?Y.pvw6:.a.�f. r � ' _ — ___ 4 Y 1, r 1 , , t v ff ` f Li Y1 r. '4'4•`.2-.4-.E-,.;- . 4 _ '_.. 4r -- q v Exhibit "A" LEASE AGREEMENT THIS LEASE AGREEMENT? dated this 25th day of January , 1975, made and entered into between JOE-El ZIMBELI.IAN, JR. AND FLORA, HIS WIFE, whose address is Keenesburg, Colorado, County of Weld, State of Colorado, herein— after referred to as "Lessor," and PHILLIPS PETROLMM COMPANY, a Delaware corporation with an office at 11,23 Security Life Building, Denver, Colorado 80202, hereinafter referred to as "Lessee"; WITNESSETH: 1. Lessor hereby demises, leases and lets unto Lessee the following described premises in Weld County, State of Colorado, to wit: A tract of land located in the NW/4 of Section 23, Township 2 • North, Range 63 West, of the 6th principal Meridian, Weld County, Colorado, and being -more _particularly described as follows: Commencing at the N/4 corner of said Section 23 2nd considering the North line of said Section 23 to bear N 90° 00' 00" W with all bearings being relative thereto; Thence N 90° 00' 00" W along said North line 494.27 feet; thence S 00° 09' 53" E, 8.00 fest to the true point of beginning; thence continuing S 00° 09' 53" E, 400.00 feet; thence N 90° 00' 00" W, 600.00 feet; thence N 00° 09' 53" W, 400.00 feet; thence S 90° 00' 00" E, 600.00 feet to the-true point of beginning. Said tract -of _land contains 5.51/acres and A tract of land out of the northwest quart-er of -Section 23, T-2-N., R-63-W of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the north quarter corner of Section 23, T-2-N., R-63-W of the 6th Principal Meridian, Weld County, Colorado; Thenca West along the north line of Section 23 a distance of 1094.27 feet; Thence S 0° -09' 53" £ 8.0 feet to the northwest corner of a survey made for Phillips Petroleum Company by Ernest E. Knight, Colorado Registered Land Surveyor, of a 5.51 acre parcel out of the northwest quarter of said Section 23 and being the True Point of Beginning of the herein described tract of land; Thence West, parallel with and 8 feet southerly from the north line of Section 23 a distance of 50-0.0 feet; Thence S 35° 35' E 491.84 feet; Thence East 215.0 feet to -the southwest corner of the said 5.51 acre parcel; Thence N 0° 09' 53" W, along the west line of the said 5.51 acre parcel 400.00 feet to the True Point of Beginning of the herein described tract of land _containing 3.28 acres, more or less; together with the right of ingress and egress by roads on the Lessor's contiguous land, for a term of four (4) years beginning the 25th day of January, 1975, and for succ-essive periods of one (1) year thereafter with Lessee possessing the privilege of cancelling this lease after the primary term on any anniversary of its commencement, provided thirty (30) -days written notice is given to Lessor: 891138 2 Provided, however, that the rental for the eleventh and any later years shall be adjusted (but never decreased below the amount stated in Section 2) in the ratio that the Wholesale Price Index (All. Commodities) published by the Bureau of Labor Statistics, United States Department of Labor for the nearest month preceding the beginning of such year for which a Wholesale Price Index has been published (each "year" to begin on the anniversary date hereof) bears to the Wholesale Price Index for the month of September, 1973, which is 140.2. In the event that such Wholesale Price Index is no longer published, there shall be used in lieu thereof as an indicator of average purchasing power, any successor or similar index published by a department or agency of the United States Government. 2. Lessee agrees to -pay to Lessor as rent for the demised premises /the sum of ''1�✓ %/A, /r', 1 ( $ /500,0(? ) per year payable annually in advance. If the Lessee shall fail, neglect or refuse to pay the rent or any installments or part: thereof as the same becomes due and payable, Lessor may, after twenty (20) days notice in writing to Lessee, if said rentals are not then paid, declare this lease at an end and void, and may re—enter and recover possession of the demised premises. 3. Lessee shall have the right to install and maintain upon the leased premises such machinery, apparatus, buildings and equipment, as • Lessee may deem necessary in the conduct and carrying on of its business which is hereby limited to use as a natural gas liquids extraction plant. All machinery, apparatus, equipment and other improvements furnished by Lessee to the leased premises shall be and remain the property of Lessee, and_Lessee shall have the right, at its option, at array time before the expiration or termination of this lease, and for a reasonable time there— after? to remove same, and shall remove the same upon the demand of Lessor. 4. Lessee contemplates construction of a natural gasoline and liquids extraction plant on the premises, with accompanying facilities incidental thereto. Lessor recognizes that there may be considerable noise, odors, illumination by flares and other factors incidental to construction and operation of said facilities and waives any future claim of damages or -) right to complain of nuisance by reason of construction and operation of the facility. *If Lessor demands that Lessee remove said improvements the Lessor shall remove from the leased premises not only the building, machinery, Equipment and apparatus but also all of the concrete foundations and footings . 831138 5. Lessor shall pay all taxes and assessments, general and special, upon the leased premises and property and Lessee shall pay all taxes and assessments upon machinery, apparatus and equipment owned by Lessee and located on said premises. Upon Lessee's written request, Lessor will furnish Lessee annually official tax receipts or true copies thereof showing payment before delinquency of all taxes and assessments levied on the leased premises and property. Lessee shall cause all of its property placed on the leased premises to be assessed and taxed as its personal property separate from the real estate. 6. Lessor hereby fully warrants the title to the leased premises and property and will defend the same -kgainst all claims of all persons and agrees that Lessee shall have the right at any time to redeem for Lessor by payment any mortgage debt, taxes or other liens thereon in the event of default by Lessor and be subrogated to the rights of the holder thereof and may deduct any such payments from subsequent rentals in addition to all other rights and remedies afforded by law, and in event of failure of title or loss of possession by Lessor, Lessee may cancel this lease. 7. Lessor reserves all oil, gas or other minerals lying in and under the premises and all water rights subject to Item 8 below, presently owned or acquired in the future. Lessor surrenders all rights of ingress and egress across and on the surface of the premises for exploration, development and producing purposes, but is not limited in recovering said minerals by means of directional drilling or otherwise from the surface of adjacent lands. 8. Lessee shall have the right to make a connection to Lessor's water well located on the second described tract above and to construct a pipe leading from said well to Lessee's facilities on the above described lands. Further, Lessee shall have the right to whatever amount of water is needed for sanitary disposal and drinking water for Lessee's employees or contractors, but for no other purpose except upon prior arrangement with Lessors. Lessee agrees that it shall be responsible for all maintenance and repair work on the existing water well, but Lessor shall have the right and access to service said well at any time. Lessor agrees to continue to furnish and pay for electrical power. Lessor does not warrant the quality 591138 • 1,. • or quantity of the water produced from the well, however, in the event that the quality or quantity of the water becomes unsatisfactory to Lessee, then, at Lessee's discretion the rentals herein shall be reduced by the amount of Fifty Dollars per annum. 9. Lessee shall maintain the road and two culverts presently existing • upon the premises in a good and workmanlike manner. During the time the road is fenced to restrain livestock, Lessee shall cause the gate at the main entrance to remain closed or install a cattle guard. 10. Lessee shall maintain the leased premises so as not to cause excessive erosion and will be liable for any erosion directly caused by Lessee's operations and activities upon the land. 11. Lessee shall have the right to assign this lease or to sublet the premises hereby leased, in whole or in part, at any time during the term of this lease or any extension or renewal thereof, with consent of Lessor. The sub— letting of said premises shall not release the Lessee from its obligations to pay rentals as hereinabove provided; however, by assigning said lease, Lessee shall be relieved of all obligations relative thereto. 12. This instrument incorporates all of the obligations of the parties hereunder and there are no oral agreements or understandings between the parties _ concerning the property covered by this Lease Agreement. 13. The covenants and provisions hereof shall extend to and be binding upon and shall -inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns, but shall, become binding upon Lessor only after it has been executed by Phillips Petroleum Company. IN WITNESS WHEREOF, the parties hereunto subscribed their names or caused the same to be done the day and year first above, written. / 7 I1 WITNESS: " ' •' J• c • Cohn Zimbelman, Jr. Lessor // 2 - �/; Flora Zimbelman, his wife Lessor PHILLIPS PETROLEUM COMPANY . By• • 1 5 i Lessee • 891138 • STATE OF COLORADO) COUNTY OF WELD) SS On the L` day of cc/ boys , 1975, before me, a Notary Public, came JOI,n, 2„l,J -, menu J2 and /[iv'el —„, 11,/ .r,, known to me to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same. � � f) /7 47LL X — r—? c - t Notary Public My commission expires: - STATE OF COLORADO) COUNTY OF DENVER) SS The foregoing instrument was acknowledged before me this day of 1975, by , Division Manager of PHILLIPS PhTROLEUM COMPANY, a corporation. Witness my hand and official seal. Notary Public . My commission expires: • 89 138 Hello