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Home My WebLink AboutLIND PROPERTY - PDP - 39-94B - LEGAL DOCS - LETTER OF INTENTNo Text F IL h ,\` ;�� ` Exhibit 1 \y !' , :'% to letter dated May 8, 2003 E L075 �\ /\t - . _ Regarding Lind Property/ Centex Homes K <KX Page 2 of 2 , \ �\ c;^?' 1 V;�,x CO FN .> .. _ P E 2 BOUNDARY I i _ • r °+ •6,313SF d6.313SF SI G E JIL91.98I '— I i $•5.056SF 1 i ....... ......8.6,118SF r.�E...,1 T-Ir'I't i i.. L.. (,J G»j�1 i ( iI 966.M7SF i I ------------------- SI G E IL �T-T—T-TTT-T 7 6. The Anadarko Entities and Centex would enter into a definitive surface use agreement that would be recorded in the Clerk and Recorder's Office for Larimer County. The signature of the authorized representative from Centex in the space provided below indicates the acceptance of Centex of the terms identified in this letter. Very truly yours, KRUG ei SOBEL, LLC Attorneys for Anadarko E&P Company LP and Anadarko Land Corp. By: Molly Sommerville . AGREED AND ACCEPTED this day of May, 2003. Centex Homes By: �� .�C�� vim:--�-i;•�� Title: L IY1�. CCf )<<, 1Oc'� C1' \Y1Yi I i �C S�E'CTCw MS/sa \Vniolly\nplly docume\Files\UNI ON\Centex\stipulation Itr_fCen¢c.doc Yvonne Seaman May 8, 2003 Page 2 As you are aware, the Anadarko Entities have filed an objection with the City of Fort Collins ("City") in a letter dated May 6, 2003 entitled "Notice of Oil and Gas Interests Owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" inwhich the Anadarko Entities objected to the application that Centex has filed with the City for the approval of a preliminary plat for a 45 acre parcel within the Property generally located in the SW/4SW/4 known as the Lind Project Development Plan ('Application"). The Anadarko Entities agree to withdraw their objection to the Application based on the agreement by Centex as follows: I Centex agrees to enter into a surface use . agreement with the Anadarko Entities that covers the Property and that provides for the compatible development: of the surface estate and the oil and gas estate for the Property which includes the terms described ' in the following paragraphs. 2. The Anadarko Entities and Centex would agree to the location of one', future wellsite on the Property in the area described on the attached Exhibit 1("Wellsite Location"), at which one or more wells could be drilled. The Wellsite Location shall include an area that is at least a circle with a radius of 200 feet as depicted on Exhibit J. Centex will reconfigure the general development plan and. future plats for the Property.so that lot lines may abut, but may not intersect the Wellsite Location, and to identify the Wellsite Location as beingfor the exclusive use of oil and gas operations. 3. The Anadarko Entities and Centex will identify an access route to the Wellsite Location and pipeline easements from.the Wellsite Location.... _ 4. Centexwould agree. to waive all state and local setback requirements with respect to drilling and production operations at the Wellsite_ Location and to also waive all surface damage payments, such waivers and other terms in the surface use agreement to he covenants that run with the land. 5. - Centex would agree to include a stipulation in the record of the proceedings in the City that the City include a condition for the approvalof a final plat for all or portions of the Property, other than the 45 ,acre parcel that is the subject of the Application,: that a surface use agreement be entered into among the Anadarko Entities and Centex. KRUG ea SOBEL, LLC ATTORNEYS AT LAW - 1700 Broadway, Suite 508 Denver, Colorado 80290 Telephone: 303-831-8450 =_ Facsimile: 303-831-8482 E-mail: law@krug-sobel.com Molly Sommerville, Esq. msommerville@krug-sobel.com -- — - May 8, 2003 Via Telefax and U.S. Mail Yvonne Seaman - Land Acquisitions -and Planning Director Centex Homes_--- 9250 East Costilla-Avenue; #200' - Greenwood Village, —Colorado 80112 Re: Lind Property/Centex Homes Township 8 North, Range 68 West -_Section 29- SWA; NWA (portion) _Fort Collins, Larimer County, Colorado Dear Yvonne: This letter confirms the agreement that has been reached among Anadarko E&P Company LP ;Anadarko Land Corp. (together the "Anadarko Entities"), and Centex Homes ("Centex") with -respect to the oil and gas -estate for the property in Fort Collins, Colorado, that Centex -proposes to develop described as all of the SW/4 and a portion of the NW/4 (generally the SW/4NW/4) of Section 29, Township 8 North, Range 68 West, Larimer County, Colorado ("Property"). This -general agreement is based on the understanding that the Anadarko Entities own the oil and gas estate and Centex owns the surface estate for the Property. In addition, Anadarko Land -owns the minerals other than the oil and gas for the Property which is not the subject of this letter agreement and which is the subject of the proposal in my letter to you dated November 6, 2002.