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Esther Gesick
From: Kim Ogle
Sent: Wednesday, June 21, 2017 6:33 AM
To: Esther Gesick
Cc: Stephanie Frederick; Tisa Juanicorena; Karla Ford
Subject: ADDITION TO FILE USR14-0039 BALDERRAMA
Attachments: Balderama Recorded SDA 6.20.2017 REC'D.pdf
Hello
Please add this document to the case file for Balderrama. This item addresses Condition of Approval No. 1.B
Thank you
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4311795 06/20/2017 02:02 PM
Total Pages: 4 Rec Fee: $28.00
Carly Koppes - Clerk and Recorder, Weld County, CO
EASEMENT, RIGHT-OF-WAY
and
SURFACE DAMAGES AGREEMENT
This Easement, Rit-o -Way and Surface Damages Agreement ("Agreement") is entered
into as of 7 /te , 2017, by and between Euden Balderrama and Bianca
Y. Balderrama, ("Surface Owner"), whose address is 15643 Morris Ave., Fort Lupton, CO
80621, and Kerr-McGee Oil & Gas Onshore LP, ("KMG"), with offices at 1099 18th St., Suite
1800, Denver, CO 80202, covering certain lands (the "Lands") situated in Weld County,
Colorado, described as follows:
Township 2N. Range 66 West, of the 6th P.M.
Section 22: PT SW4 22-2-66 LOT B REC EXEMPT RE -4704, Parcel #
130922300063
For and in consideration of the sum of ten dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned
hereby agrees to the terms and provisions set forth as follows:
1. Compensation for Operations; Release of All Claims
KMVIG shall pay to Surface Owner the sum and perform the obligations set forth in and
according to the terms of that certain Letter Agreement by and between Surface Owner and KMG
of even date, as full consideration and final settlement and satisfaction for any and all detriment,
depreciation, injury or damage of any nature to the Lands or growing crops thereon that may
occur as a result of KMG drilling and completion operations on the Lands, and its continuing
activities for the production and/or transportation of oil, gas, or other hydrocarbons or products
associated with such operations and activities including, but not limited to, surface use, access,
mud and reserve pits, wellhead equipment, separators, tank batteries, pipelines, gathering lines,
flowlines, pipeline interconnections, and any and all other reasonable and customary uses of land
related to said operations or activities.
2. Acknowledgement of Right of Way and Easement
Surface Owner acknowledges and understands that ICMG, as owner or lessee of the oil
and gas estate for the Lands, owns an easement and right-of-way that burdens the Lands, and that
KMG has a continuing right and entitlement to construct, own, operate, maintain, repair and
replace all flowlines, gathering lines, other pipelines and related equipment that may be necessary
or convenient to its operations on the Lands, including but not limited to, constructing, using and
maintaining access roads, locations for surface equipment and subsurface gathering lines,
pipelines and pipeline interconnections for its operations and activities; provided, however,
KMG agrees that it will not construct pipelines in a manner that interferes with existing
improvements on the Lands at the time the pipelines are proposed to be constructed.
Surface Owner further grants KMG the right to drill oil and gas wells on the Lands that
may be horizontal, vertical or directional that produce and drain oil and gas from lands other than
the lands covered by the oil and gas lease(s) that include all or a portion of the Lands and to
locate, construct, use, and maintain surface equipment, including but not limited to flowlines,
compressors, wellheads, and all associated production equipment and facilities, related to
transportation of oil and natural gas from lands other than lands covered by leases pooled with
the Lands.
Surface Owner further agrees that, Kerr-McGee Gathering LLC, an affiliate of KMG, or
another third party gas gatherer designated by KMG, may exercise the easement rights described
herein.
4311795 06/20/2017 02:02 PM
Page 2 of 4
3. Waiver of Setback Requirements
a. Surface Owner understands and acknowledges that the COGCC has rules
and regulations that apply to the distance between a wellhead and public roads, production
facilities, building units and surface property lines, among other things. Surface Owner hereby
waives all setback requirements in COGCC Rules 603 and 604, and any successor rule or
amendment to the COGCC setback rules (including the high density setback distances and all
Exception Zone setbacks) and to any other state or local setback requirements or other
requirements or regulations that are or become inconsistent with this Agreement or that would
prohibit or interfere with the rights of Kerr-McGee, or its successors and/or assigns, to explore
for and produce the oil and gas from the Property or contiguous property. Surface Owner
understands that Kerr-McGee may cite the waiver in this Section 8 in order to obtain a location
exception or variance under COGCC rules or from a local jurisdiction. Surface Owner agrees that
this Agreement satisfies any requirement for a consent to an exception or variance signed by the
surface owner, Building Unit Owner (as that term is defined in the COGCC Rules and any
successor rules or amendments), homeowner or the like and agrees that KMG and its successors
and assigns may provide a copy of this Agreement to the COGCC or to any other state or local
body in satisfaction of such requirement. In addition, Surface Owner agrees to execute and
deliver to KMG and its successor and assigns all consents and waivers requested, including
waivers required from Building Unit Owners, homeowners and the like.
b. In addition to the general waiver of setbacks and state and local setback
regulations contained in Subsection 8.a., Surface Owner hereby specifically agrees that it will not
file an application with the COGCC or request that the COGCC designate any portion of the
Property as a "designated outside activity area" or other similar designation, and Surface Owner
hereby waives its rights to do so. Nor shall Surface Owner promote, support or in any participate
in the filing by any third party of such an application or request.
4. Surface Locations
Locations for ingress and egress to the well(s) and the Oil/Gas Operations Area, shall be
depicted on the attached Exhibit "A". This Agreement does not in any way limit the rights of
KMG to drill additional wells with associated facilities, access and pipeline easements on the
Lands or to exercise all rights consistent with its mineral ownership or lessee rights.
5. Binding Agreement
This Agreement shall be binding upon the respective heirs, executors, administrators,
successors, and assigns of the parties hereto.
The undersigned have executed this Agreement as of the day first above written.
Surface Owner Kerr-McGee Oil & Gas Onshore LP
By:
L . say Jaffee'
ent & Atto . -y-in-Fact
By: C s .42 i
Bianca Y. Balderrama
uden Balderrama
4311795 06/20/2017 02:02 PM
Page 3 of 4
ACKNOWLEDGEMENTS
STATE OF COLORADO
)ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me this / day of-i;iye , 020/%
by Euden Balderrama.
Witness my hand and official seal.
CLINT IIEBERT
NOTARY PUBLIC STATE OF COLORADO
Natal), Identification n20164t32299
My Commission Expfres 6123/2020
STATE OF COLORADO
) ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day o G44 , 20/7,
by Bianca Y. Balderrama.
Witness my hand and official seal.
CLINT HEBERT
lv.O1 S Y PUBLIC • STATE Cf COLORALTO
Notary Identification 420164032299
My Commission Erplras S/2312020
STATE OF COLORADO
COUNTY OF DENVER
) ss
)
This instrument was acknowledged before me this day of..h//1e , 2017, by
Lindsay Jaffee, Agent & Attorney -in -Fact of Kerr-McGee Oil & Gas Onshore LP, on behalf of
said company.
Witness my hand and official seal.
CLINT HEBERT
NOTARY r'OIO IC • STATE OF COLORADO
Notary Identification 1120164032299
My Commission Expires S/2312020
4311795 06/20/2017 02:02 PM
Page 4 of 4
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3050 671e Avower, Kite 200. Greuey- CO 80634
(970) 535-9318 • Fax: (970) 535-9854
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Minutes
Minutes of Neighborhood Mtg held May 24, 2017 at the Hampton Inn in Brighton Colorado.
Property owners within 500 feet were invited by written invitation to attend. Three invited neighbors
attended, another couple heard of the meeting and came. Attach copy of invitation
Attendance:
Karl Wiscombe, WW, LLC
Tanner Wiscombe, of Western Roll -Off
Shirley Amerin, owns lot north of subject
Paul Edwards and daughter, from south side of CR 2 in Adams County
Stanley, neighbor of (Bill Wycoff) and spouse
Ralph Walker, WW, LLC
Discussion:
All present were introduced and explained their property's location to the proposed project.
Ralph Walker discussed the project and handed out copies of the big poster board plans for the
development. He talked about setbacks, landscaping, street dedication, operating plans and phasing of
the development. There were a few questions answered and clarifications.
Major discussion was crime in the area and the crime that would come because of the development.
Shirley Amerin was opposed, she had planned to build a home on her lot north of the subject but now is
worried about property values and ability to sell her lot. She spoke of a break in nearby and the crime
that would be brought to the area because of the development. She is adamantly opposed to any
development.
Stanley, living a half a mile to the west agreed that crime was an issue and that the development did not
match the rural lifestyle they wanted for the area. They had been asked to attend by Bill Wycoff who
was going to be out of town. Stanley speaking for his neighbor and for himself stated that he was
opposed to any development of the property.
Another issue was water availability through the local water association. The development will be
served by a new commercial well.
The meeting lasted over and hour and the time of Planning meeting and BOCC was given out where the
project would be considered.
Prepared by Ralph Walker.
Hello