HomeMy WebLinkAbout20140844.tiff Application Review Notification Card Application Review Notification Card
A public hearing will be held before the Weld County Planning A public hearing will be held before the Weld County Planning
�W` 1861 _st Commission (PC) and a subsequent hearing will be held with *� 1861 --� Commission (PC) and a subsequent hearing will be held with
r C the Board of County Commissioners (BOCC). Both hearings t � ! r __ the Board of County Commissioners (BOCC). Both hearings
tale \ will be held in the Hearing Room, Weld County Administration
A Building, 1150 O Street, Greeley, Colorado. Please note the �. `�`� will be held in the Hearing Room, Weld County Administration
���� I J Building, 1150 O Street, Greeley, Colorado. Please note the
L. .cO U N_ T hearing dates and times listed on the other side of this card for G O u N-T Y hearing dates and times listed on the other side of this card for
1 the proposed project. 1 the proposed project.
If you would like more information regarding this proposal and the conditions that must If you would like more information regarding this proposal and the conditions that must
be met, the file is public information and is available for review at our office. You may be met, the file is public information and is available for review at our office. You may
also view the file online at https://accela-aca.co.weld.co.us/citizenaccess: by inserting also view the file online at https://accela-aca.co.weld.co.us/citizenaccess/ by inserting
the case number. Comments or objections related to the request should be submitted the case number. Comments or objections related to the request should be submitted
in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, in writing to the Weld County Department of Planning Services, 1555 N 17th Ave,
Greeley CO 80631 , on or before the date of public hearing. Greeley CO 80631 , on or before the date of public hearing.
For your convenience, we have posted the agenda on our web page. For your convenience, we have posted the agenda on our web page.
ATTENTION: Proposed Conditions related to this Site Specific Development Plan and Use by ATTENTION: Proposed Conditions related to this Site Specific Development Plan and Use by
Special Review Permit request including, but not limited to. the number of allowable employees. Special Review Permit request including, but not limited to. the number of allowable employees,
hours of operation, screening. and number of allowable vehicles and vehicle trips are subject to hours of operation. screening. and number of allowable vehicles and vehicle trips are subject to
change or removal at both the Planning Commission and Board of Commissioners hearings. change or removal at both the Planning Commission and Board of Commissioners hearings.
Application Review Notification Card Application Review Notification Card
`� A public hearing will be held before the Weld County Planning �® `� A public hearing will be held before the Weld County Planning
>-18 -- Commission (PC) and a subsequent hearing will be held with r- 1861 Commission (PC) and a subsequent hearing will be held with
I
` _ the Board of County Commissioners (BOCC). Both hearings t` ,1 �. - the Board of County Commissioners (BOCC). Both hearings
will be held in the Hearing Room, Weld County Administration � will be held in the Hearing Room, Weld County Administration
ti J)i Building, 1150 O Street, Greeley, Colorado. Please note the fl L4 ' J Building, 1150 O Street, Greeley, Colorado. Please note the
�- C G 'U ti-T v < hearing dates and times listed on the other side of this card for — O u N T Yc hearing dates and times listed on the other side of this card for
the proposed project. � the proposed project.
If you would like more information regarding this proposal and the conditions that must If you would like more information regarding this proposal and the conditions that must
be met, the file is public information and is available for review at our office. You may be met, the file is public information and is available for review at our office. You may
also view the file online at https//accela-aca.co.weld.co.us/citizenaccess: by inserting also view the file online at https://accela-ac,a.caweld.co.usicitizenaccess/ by inserting
the case number. Comments or objections related to the request should be submitted the case number. Comments or objections related to the request should be submitted
in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, in writing to the Weld County Department of Planning Services, 1555 N 17th Ave,
Greeley CO 80631 , on or before the date of public hearing. Greeley CO 80631 , on or before the date of public hearing.
For your convenience, we have posted the agenda on our web page. For your convenience, we have posted the agenda on our web page.
ATTENTION: Proposed Conditions related to this Site Specific Development Plan and Use by ATTENTION: Proposed Conditions related to this Site Specific Development Plan and Use by
Special Review Permit request including. but not limited to, the number of allowable employees. Special Review Permit request including, but not limited to. the number of allowable employees.
hours of operation. screening, and number of allowable vehicles and vehicle trips are subject to hours of operation. screening. and number of allowable vehicles and vehicle trips are subject to
change or removal at both the Planning Commission and Board of Commissioners hearings. change or removal at both the Planning Commission and Board of Commissioners hearings.
Case #: USR13-0066 Case #: USR13-0066
Name: Circle B Land Company Name: Circle B Land Company
Proposed Project: USR for disposal and Proposed Project: USR for disposal and
recycling sites for production waste—Class II recycling sites for production waste—Class II
underground injection well and oil and gas underground injection well and oil and gas
construction laydown/storage yard in the construction laydown/storage yard in the
agricultural zone district. agricultural zone district.
Location: North of and adjacent to CR 52: 2 IIMI) I Weld County Planning Services Location: North of and adjacent to CR 52; 2 IMP� t Weld County Planning Services
miles east of CR 89. r r 1555 N 17th Ave miles east of CR 89. r 1555 N 17th Ave
Planner: Chris Gathman Greeley CO 80631 Planner: Chris Gathman• Greeley CO 80631
PC Hearing Date: Feb. 18, 2014 at 1 :30 pm (970)353 6100 ext. 3540 PC Hearing Date: Feb. 18, 2014 at 1 :30 pm (970)353-6100 ext. 3540
BOCC Hearing Date: March 19, 2014 at 10 am BOCC Hearing Date: March 19, 2014 at 10 am
Case #: USR13-0066 Case #: USR13-0066
Name: Circle B Land Company Name: Circle B Land Company
Proposed Project: USR for disposal and Proposed Project: USR for disposal and
recycling sites for production waste—Class II recycling sites for production waste—Class II
underground injection well and oil and gas underground injection well and oil and gas
construction laydown/storage yard in the construction laydown/storage yard in the
agricultural zone district. agricultural zone district.
Location: North of and adjacent to CR 52; 2 1 Weld County Planning Services Location: North of and adjacent to CR 52; 2 =,..e.-__..-77 Weld County Planning Services
miles east of CR 89. �� 1555 N 17th Ave miles east of CR 89. :.0; i 1555 N 17th Ave
• Greeley CO 80631 - - i ' Greeley CO 80631
Planner: Chris Gathman Planner: Chris Gathman
PC Hearing Date: Feb. 18, 2014 at 1 :30 pm (970)353 6100 ext. 3540 PC Hearing Date: Feb. 18, 2014 at 1 :30 pm (970)353-6100 ext. 3540
BOCC Hearing Date: March 19, 2014 at 10 am BOCC Hearing Date: March 19, 2014 at 10 am
SURROUNDING PROPERTY OWNERS
USR13-0066
NAME ADDRESS CITY, STATE ZIP
FREDERICK BOUDREAUX JR 1217 IRONTON ST AURORA CO 80010-3414
JEREMY COFFELT 1013 W ALTON AVE ASANTA ANA CA 92707-3867
LEAMAN HAROLD JR PO BOX 267 EWING MO 63440-0267
JAMES NACHAZEL 10584 ASHFIELD ST HIGHLANDS RANCH CO 80126-8072
JAMES WILLIAMS 307 CHURCH ST ANDALUSIA AL 36420-3658
Z 9 BAR LAND & CATTLE LLC 417 S 12TH AVE BROKEN BOW NE 68822-1915
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification
requirements of Weld County in Case Number USR13-0066 in the United States Mail, postage prepaid First Class Mail by letter as
addressed on the attached list this 20th day of January, 2014.
Dated the 20th day of January, 2014
43V-,6761
Digitally signed by Kristine Ranslem
1-t- e4illat0_APL. Date: 2014.01 .20 08: 15:40 -07'00'
Kristine Ranslem
Recording Secretary for Planning Commission
Application Review Notification Card Application Review Notification Card
,, ,8a , /1 1 This is to notify you that the project listed on the ; ,g6, .� This is to notify you that the project listed on the
l �1 other side of this card is within five-hundred %llr other side of this card is within five-hundred
--"------'Y A .� (500 ) feet of your property. You will be notified r -ll �� (500 ) feet of your property. You will be notified
U _ ° ° u y T Y� of any future meetings regarding the proposed UL °� '��Y' = of any future meetings regarding the proposed
g 9 g p p 1 g g 9 p p
project on this property. project on this property.
If you would like more information regarding this proposal and the If you would like more information regarding this proposal and the
conditions that must be met, the file is public information and is conditions that must be met, the file is public information and is
available for review at our office . You may also view the file online available for review at our office . You may also view the file online
at https://accela-aca . co.weld . co . us/citizenaccess/ by inserting the at https://accela-aca . co.weld . co . us/citizenaccess/ by inserting the
case number. Comments or objections related to the request should case number. Comments or objections related to the request should
be submitted in writing to the Weld County Department of Planning be submitted in writing to the Weld County Department of Planning
Services , 1555 N 17th Ave , Greeley, CO 80631 Services , 1555 N 17th Ave, Greeley, CO 80631
Application Review Notification Card Application Review Notification Card
.�.`_ 1g(�,� ::.vr This is to notify you that the project listed on the NA. le 86, x: This is to notify you that the project listed on the
I �l — y other side of this card is within five-hundred I : , other side of this card is within five-hundred
(500) feet of your property. You will be notified A (500 ) feet of your property. You will be notified
1 GQ .JNI ' 1 cc 'UN -
of any future meetings regarding the proposed of any future meetings regarding the proposed
project on this property. project on this property.
If you would like more information regarding this proposal and the If you would like more information regarding this proposal and the
conditions that must be met, the file is public information and is conditions that must be met, the file is public information and is
available for review at our office . You may also view the file online available for review at our office . You may also view the file online
at nttps://accela-aca . co.weld . co . us/citizenaccess, by inserting the at https://accela-aca . co .weld . co . us/citizenaccess/ by inserting the
case number. Comments or objections related to the request should case number. Comments or objections related to the request should
be submitted in writing to the Weld County Department of Planning be submitted in writing to the Weld County Department of Planning
Services , 1555 N 17th Ave , Greeley, CO 80631 Services , 1555 N 17th Ave, Greeley, CO 80631
Case #: USR13-0066 Case #: USR13-0066
Name: Circle B Land Company Name: Circle B Land Company
Proposed Project: USR for disposal and Proposed Project: USR for disposal and
recycling sites for production waste—Class II recycling sites for production waste—Class II
underground injection well and oil and gas underground injection well and oil and gas
construction laydown/storage yard in the construction laydown/storage yard in the
agricultural zone district. agricultural zone district.
Location: North of and adjacent to CR 52; 2 Location: North of and adjacent to CR 52; 2
miles east of CR 89 Weld County Planning Services miles east of CR 89 Weld County Planning Services
Planner: Chris Gathman ne 1555 N 17th Ave Planner: Chris Gathman - 1555 N 17th Ave
• Greeley CO 80631 • Greeley CO 80631
(970)353-6100 ext. 3540 (970)353-6100 ext. 3540
Case #: USR13-0066 Case #: USR13-0066
Name: Circle B Land Company Name: Circle B Land Company
Proposed Project: USR for disposal and Proposed Project: USR for disposal and
recycling sites for production waste—Class II recycling sites for production waste—Class II
underground injection well and oil and gas underground injection well and oil and gas
construction laydown/storage yard in the construction laydown/storage yard in the
agricultural zone district. agricultural zone district.
Location: North of and adjacent to CR 52; 2 Location: North of and adjacent to CR 52; 2
miles east of CR 89 miles east of CR 89
Weld County Planning Services Weld County Planning Services
Planner: Chris Gathman ''' �� r r 1555 N 17th Ave Planner: Chris Gathman gill= 1555 N 17th Ave
• Greeley CO 80631 ; • Greeley CO 80631
(970)353-6100 ext. 3540 (970)353-6100 ext. 3540
SURROUNDING PROPERTY OWNERS
USR13-0066
NAME ADDRESS CITY, STATE ZIP
FREDERICK BOUDREAUX JR 1217 IRONTON ST AURORA CO 80010-3414
JEREMY COFFELT 1013 W ALTON AVE ASANTA ANA CA 92707-3867
LEAMAN HAROLD JR PO BOX 267 EWING MO 63440-0267
JAMES NACHAZEL 10584 ASHFIELD ST HIGHLANDS RANCH CO 80126-8072
JAMES WILLIAMS 307 CHURCH ST ANDALUSIA AL 36420-3658
Z 9 BAR LAND & CATTLE LLC 417 S 12TH AVE BROKEN BOW NE 68822-1915
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification
requirements of Weld County in Case Number USR13-0066 in the United States Mail, postage prepaid First Class Mail by letter as
addressed on the attached list this 20th day of December, 2013.
Dated the 20th day of December, 2013
6113\1,66 Digitally signed by Kristine Ranslem
2t-9T Date: 1 . 12 .2 1 : -07'00'
ate • 3 • •t S 53
Kristine Ranslem
Recording Secretary for Planning Commission
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
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 of the property (the surface estate)within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications submission date.
Signature
Novo b,rerl1,Al
Date
Property Owners Within 500 ft. of Parcel # 096927400016
Account Parcel Owner Mailing Address
R4207686 096927100011 BOUDREAUX FREDERIC J 1217 IRONTON ST
JR AURORA CO 800103414
N1021103 096935100017 CASTLE LIVING TRUST 1416 N PINNON RD
(50%) GRANTS PASS OR 975268306
R0106091 096935100017 COFFELT JEREMY 1013 W ALTON AVE
SANTA ANA CA 927073867
N0164091 096926100011 DUNN JOHN E 3800 S SPRUCE ST
DENVER CO 802372151
N0011592 096926100011 GRANDCHILDRENS TRUST I 2131 62ND AVENUE CT
(50% INT) GREELEY CO 806347904
N0011592 096926100011 GRANDCHILDRENS TRUST
II (50% INT)
R0105891 096926100011 HAROLD LEAMAN JR PO BOX 267
EWING MO 634400267
R4210186 096934100009 LORETTA K MONAHAN 1/8
INT
R1283297 096927400015 MASTERSON JEAN T
R1283397 096927400016 MASTERSON JEAN T
N1021103 096935100017 MORRIS THOMAS J &
SHARON M 50% TC
R4210186 096934100009 NACHAZEL JAMES 10584 ASHFIELD ST
MICHAEL 1/8 INT HIGHLANDS RANCH CO 80126-8072
R4210186 096934100009 NACHAZEL JOHN STANLEY
1/4 INT
N0164291 096926100011 STEPHENSON JOHN D 1575 OCEAN SHORE BLVD APT 602
FAMILY TRUST THE ORMOND BEACH FL 321763637
N0164191 096926100011 THE SKEETERS COMPANY 18221 SANDY CV
HOUSTON TX 770584365
R4210186 096934100009 VRANESIC KATHERINE INT&
AGNES NACHAZEL 1/4
R1283297 096927400015 WILLIAMS JAMES C 307 CHURCH ST
ANDALUSIA AL 364203658
Account Parcel Owner Mailing Address
R1283397 096927400016 WILLIAMS JAMES C 307 CHURCH ST
ANDALUSIA AL 364203658
R4206886 096926200001 Z 9 BAR LAND &CATTLE 417 S 12TH AVE
LLC BROKEN BOW NE 688221915
CERTIFICATION
RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES
The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5-
103(1), and in support thereof; states and certifies as follows:
I. That Applicant has provided notice, (a copy of which is attached hereto as
Exhibit "A"), containing the time and place of the initial public hearing on its application
for Case Number USR13-0066 , the nature of the initial public hearing, the legal
description by section, township and range of the property which is the subject of the
initial public hearing, and the name of the applicant;
2. That said notice was provided thirty (30) days prior to the scheduled
public hearing, that it was provided by certified mail, return receipt requested, or by a
nationally recognized overnight courier;
3. That said Exhibit A includes the list of the names and addresses of the
surface owners, mineral estate owners and lessees of mineral interests to whom the notice
was sent, including those persons who have requested receipt of such notices, pursuant to
C.R.S. § 24-65.5-103(3).
APPI..CANT:
± /. a l- _/
ETHAN WATEL, BASELINE CORP.
O/B/O BILL BARRETT CORPORATION
AM') RIRCI F R I AND COMPANY, LLC
STATE OF 0OIDYcttC,
COUNTY OF .%9 e.r.,Qj3
Subscribed and sworn to before me this lZT^day of 1-619111ACkni , 2044, by
•
Note is
Note: This Certification must be received by the Weld County Department of Planning
Services prior to or at the initial public hearing. If the Certification is not received by that
time, the hearing will be rescheduled to a later date, and Applicant must re-notify all
owners of mineral interests.
I TIFFANY R. LOVE
NOTARY PUBLIC
SLATE OF COLORADO
My Ccn rn sftri . I5
Exhibit A
James C. Williams & Jean T. Masterson
PO box 352
La Salle, CO 80228
Lance Frizell Huff
PO Box 70608
Seattle, WA 98127
James W. Bartlett
643 Oenoke Ridge
New Canaan, CT 06840
Patrick J. Mullady
243 North Peark St.
Stockton, IL 61085
Vicki L. Bagley
700 New Hampshire Ave. NW#508
Washington. D.C. 20037
Bill Barrett Corporation
1099 18th St, Ste 2300
Denver, CO 80202
AED Group, LLC
6301 Gaston Ave. Ste 240
Dallas, TX 75214
SURFACE LEASE AND USE AGREEMENT
THIS Surface Lease and Use Agreement ("Agreement") is made and entered into this between
Circle B Land Company, LLC ("Owner"), 1099 18th Street, Suite 2300, Denver, Colorado
80202, and BILL BARRETT CORPORATION, 1099 18th Street, Suite 2300, Denver, Colorado
80202, ("Operator"), (collectively sometimes referred to herein as the "Parties").
WHEREAS Owner is the owner of the surface estate, and access rights including rights-of-way
and easements, to certain lands located in Weld County, Colorado, (the "Lands") more
particularly described as follows:
Township 5 North, Range 61 West, e P.M.
Section 27: E'/SEA;
WHEREAS, Operator desires to use the Lands for purposes connected with its operations in
the exploration, drilling and production of oil and/or gas under oil and gas leases on the Lands
and on other lands not owned by Owner;
NOW THEREFORE, in consideration of the premises, the mutual covenants contained herein,
and other good and valuable consideration, the acceptance and sufficiency of which is
acknowledged by signature hereto by Owner and Operator, the Parties agree as follows:
1. Surface Lease And Access. Owner grants Operator, its employees, and others authorized
by Operator, the right to enter upon and use the Lands of Owner for the purposes of: a )
constructing and maintaining access roads to oil, gas and/or disposal wells located on the
Lands, or over, through and across the Lands for access to other lands not owned by Operator
and on which Operator owns or operates oil and gas leases and/or oil and/or gas wells; b)
constructing, installing, maintaining, operating, and removing pipelines to transport oil, gas
and/or other products produced from oil and/or gas wells drilled on the Lands or on other lands
not owned by Owner but under which Operator owns or operates oil and/or gas wells; c)
installing structures and compressor facilities for the operation, maintenance and service of oil
and/or gas wells or pipelines located on the Lands or on other lands not owned by Owner on
which which Operator owns or operates oil and/or gas wells; d) installing structures or facilities
for storage and maintenance of pipelines and/or oil and or/gas wells owned or operated by
Operator; e) constructing, installing, maintaining, operating, and removing power lines for oil
and/or gas wells drilled or structures and facilities located on the Lands, or on other lands on
which Operator owns or operates oil and/or gas wells; and f) constructing, installing,
maintaining, operating, and removing salt water disposal facilities ("SWD") and a storage yard
in the area depicted on the attached Exhibit "A," being a part of the Lands. For purposes of
access Owner grants to Operator the right to use any and all rights-of-way or easements owned
by Owner and/or appurtenant to the Lands, to gain access to the Lands, whether such rights-of-
way or easements are express or implied.
2. Location and Notification. Operator agrees to notify Owner in advance of the location of
all pipelines, power lines, roads, structures, and other facilities on the Lands.
3. Initial Term. The rights granted by Owner to Operator shall be for a period of five (5) years
from and after the effective date herein.
Page 1 of 6
4. Option. Operator shall have a continuing option, but not the obligation, to renew this
Agreement for successive five (5) year terms by giving written Notice, by the method
hereinafter provided, of such intent to renew this Agreement, tendering to Owner compensation
for such renewal term in an amount as hereinafter provided, and placing a Notice of record in
the office of the Clerk And Recorder in and for Weld County, Colorado of the extension of the
term hereof.
5. Termination. Notwithstanding anything else contained herein, this Agreement, and any
Option to renew, shall nevertheless terminate upon the earlier of a) Operator's, or any
succesive operator's, written notification to Owner of its intention to cease operations hereunder
or b) the termination of Operator's, or any successive operator's, oil and gas activities within a
100-mile radius of the Lands. Upon such written notice of termination by Operator, or any
successive operator all rights, liabilities and obligations hereunder shall terminate.
6. Non-exclusive Rights. Owner reserves the right to use all access roads and all surface
and subsurface uses of the land affected by this Agreement, with the exception of a) those
subsurface rights granted to Operator or others by and through oil and gas leases of record and
b) so much of the surface as is being occupied by Operator in conjunction with this Agreement.
7. Payments. As compensation for this Agreement, Operator agrees to pay Owner Five
Thousand Dollars ($5,000.00) upon execution of this Agreement. Operator agrees to pay to
Owner Five Thousand Dollars ($5,000.00) each year on or before the anniversary date of the
effective date hereof during the initial term. Such payment will include any and all
compensation owed Owner by Operator hereunder, including damages, for the use of the
surface hereof for storage and access to the Lands and other lands by way of rights-of-way and
easements, express or implied, and owned by Owner to gain access from the county roads to
the Lands and across other lands. The compensation provided herein includes alt amounts
owed by Operator to Owner, including all damages, for any and all pipeline and power line
rights-of-way, easements under Paragraph 10 hereof, any and all roads constructed on the
Lands, all disposal facilities constructed on the Lands, and all substances disposed of therein.
Payment for each successive five year term exercised by Operator under the option granted in
Paragraph 4 herein shall be compensated in like amounts and payments.
8. Maintenance and General Operations. Operator shall at all times keep well sites, road
rights-of-way, structures, buildings, compressor stations, disposal facilities, storage yards and
other areas disturbed by Operator safe and in good order, free of noxious weeds, litter, and
debris. Operator shall not permit the release or discharge of any toxic or hazardous chemicals
or wastes on the Lands. All cattleguards and fences installed by Operator shall be kept clean
and in good repair.
9. Roads. Upon request by Owner, Operator shall place signs on any roads designating
them es private roads, Operator will maintain and keep in good repair all roads used by
Operator on the Lands.
10. Power lines and Pipelines. Operator is granted hereby the right to construct, maintain,
operate, inspect, repair, replace, and remove power lines and pipelines, and appurtenances
thereto, on, over, under, across and through the Lands. The power lines and pipelines referred
to in this paragraph are those power lines and pipelines used in connection with oil and/or gas
wells drilled or operated by Operator on the Lands or on other lands not owned by Owner as
Page 2 of 6
described in Paragraph 1 above. All power lines and pipelines shall be installed underground to
a depth of at least three (3) feet below the surface whenever reasonably practical to do so. For
purposes of this Agreement pipelines shall include transportation lines, flow lines, and gathering
lines for the collection of oil, gas, or other hydrocarbons.
11. Improvements. No fences, cattleguards, or other improvements on Owner's property shall
be cut or damaged by Operator without the prior written consent of Owner and the payment of
additional damages or the institution of other safeguards to protect the rights and property of
Owner. Upon final termination of Operator's rights under this agreement, Owner shall become
the exclusive owner of any roads or other improvements upon the Lands unless Operator
removes such improvements from the Lands.
12. Fencing of Access Roads. Operator will not fence any access roads without the prior
written consent of Owner.
13. Indemnification. To the maximum extent permitted by law, Operator agrees to hold
Owner, his heirs and successors harmless and free from liability from all claims, liabilities,
demands, suits, losses, damages, and costs which arise out of Operator's activities on the
Lands. To the maximum extent permitted by law, Owner agrees to hold Operator, its officers,
directors, employees, agents, and successors harmless and free from liability from all claims,
liabilities, demands, suits, losses, damages, and costs which arise out of Owner's, his heirs'
and successors' use of the Lands.
14. Compliance with Law. Operator shall conduct operations and activities in accordance with
existing local, state and federal laws, rules and regulations.
15. Release. To the maximum extent permitted by law, Operator releases, waives and
discharges Owner, his heirs, and successors, from arty and all liabilities for personal injury,
death, property damage, or otherwise arising out of Operator's operations under this
Agreement or use of the Lands. To the maximum extent permitted by law, Owner releases,
waives and discharges Operator, its officers, directors, employees, agents, successors, and
permitted assigns, from any and all liabilities for personal injury, death, property damage, or
otherwise arising out of Owner's use of the Lands.
16. Notice. Notice may be given by either party to this Agreement to the other by depositing
the same in the United States mail, first class postage prepaid, and duly addressed to the other
party at the address set forth herein below. Such notice shall be deemed delivered five (5)
business days after depositing such notice as set forth herein. Nothing herein shall prevent one
party from changing its address for purposes of notice by informing the other party in writing of
such change no less ten (10) days prior to the effective date of such change of address.
Circle B Land Company, LLC Bill Barrett Corporation
1099 18th Street 1099 1 ath Street
Suite 2300 Suite 2300
Denver, Colorado 80202 Denver, Colorado 80202
Attention: Mitchell J. Reneau Attention: S.W. Rawlings
Vice President - Land Sr. Vice President-Operations
Telephone No.: 303.293.9100 Telephone No.: 303.293.9100
Page 3 of 6
17. Release. Operator agrees to file an appropriate release of this Agreement in the office of
the Clerk and Recorder in and for Weld County, Colorado upon the termination of this
Agreement.
18. Construction Of Agreement And Venue. This Agreement shall be construed under the
laws of the State of Colorado. If a lawsuit is brought arising out of or in conjunction with this
Agreement, the Parties consent to the jurisdiction of, and waive any objection to venue in, any
State of Colorado District Court of competent jurisdiction.
19. Binding Effect. The terms of this Agreement shall run with the land and shall be binding
on the heirs, successors and assigns of the Parties until surrendered by Operator, its
successors and assigns.
20. Default. In the event of the failure of Operator to timely make any payment required
hereunder or any other breach of this Agreement, Owner shall give written notice to Operator of
such failure. Operator shall have sixty (60) days following receipt of such written notice to cure
such failure to timely make payment or other breach hereunder. The waiver of any default
hereunder shall not be deemed to be a waiver of a subsequent default, but written notice
thereof shall be given to Operator as herein provided. If Operator does not cure the breach or
failure to make payment within the time specified following receipt of written notice, the rights of
Operator hereunder shall be suspended, including the right of ingress and egress, until such
time as the default has been cured, and Owner will not be liable for any loss or damage to
Operator occasioned by Owner's enforcement of this provision. Operator may make any •
disputed payment under protest with a reservation of all rights.
21. Stacking Rigs and Storage. Operator shall be permitted to stack rigs on the Lands and
shall be permitted to use the Lands for storage of equipment, vehicles, or other materials or
supplies, provided such materials or supplies are stored in accordance with the regulations in
force at the time of such storage. Operator shall be permitted to place structures on the Lands
for the purpose of maintenance, operation, installation and repair of oil and/or gas wells,
disposal wells, compressors,
pipelines, power lines located on the Lands or on other lands.
22. Assignment. Operator is given the express right to assign Operator's rights and
obligations under this Agreement.
23. Paragraph Titles. The paragraph titles are included primarily for convenience of
reference. To the extent of any conflict between the meaning of any title and the text, the text
shall control.
24. Severability. If any provision of this Agreement is declared by any court of competent
jurisdiction to be invalid, illegal or unenforceable in any respect, the remaining provisions shall
not be affected thereby. Such remaining provisions shall be fully severable, and the remainder
of this Agreement shall be fully enforceable, as if such invalid provisions never had been
inserted in the Agreement.
25. Counterparts. This Agreement may be executed in two or more original counterparts,
each of which shall be an original, but all of which together shall constitute one and the same
instrument.
Page 4 of 6
26. Acknowledgments. Each Party acknowledges that the consideration it has given or
received hereunder is fair and adequate consideration for the grants, covenants, undertakings,
and promises contained herein; that this Agreement has been negotiated in good faith and at
arms' length; that they or their undersigned representative have read and understand each and
all of the provisions herein and are authorized to execute this Agreement in their or its behalf
and to bind them or it to the terms hereof; and that they have consulted with their own legal
counsel in executing this Agreement.
27. Entire Agreement. As of the effective date hereof, this instrument contains the entire
agreement of the Parties with respect to the subject matters hereof.
The Parties execute this agreement, effective as of the date set forth below, notwithstanding
the actual date of signing, if different.
Effective this /z/I day of February, 2014.
OWNER: OPERATOR:
Circle B and om ny, C Bill Barrett Corporation
Robert W. Howard et+ 'S.W. Rawlings
Officer Sr. Vice-President-Operations
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Page 5 of 6
ACKNOWLEDGEMENTS
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
)y The foregoing instrument was acknowledged before me this /y day of ?CS✓v a v
2014 by Robert W. Howard, Officer of Circle B Land Company, LLC, a Colorado limited liability
company.
My commission expires 3 ` 1- TO/fa
Notary Public
COLLEEN M. KENNEDY
NOTARY PUBLIC
STATE OF COLORADO
STATE OF COLORADO ) NOTARY ID019094003471
MY COMMISSION EXPIRES MARCH 03.2016
) 35.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this /9 day of ,�r 4-Yva-, s7
2014 by S.W. Rawlings, Senior Vice-President-Operations of Bill Barrett Corporation, a
Delaware corporation, on behalf of the corporation.
My commission expires 3-i - 701(
Notary Public
I— COLLEEN M. KENNEDY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID R 19984003471
:, , ..:21,MiSSION EXPIRES MARCH 03,2016
Page 6 of 6
EXHIBIT "A„
Surface Lease and Use Agreement
By and between Circle B Land Company, LLC ("Owner")
and Bill Barrett Corporation ("Operator")
Dated effective the day of February, 2014
Township 5 North, Range 61 West, 6th P.M.
Section 27: E/2 SE/4
Weld County, Colorado
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