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HomeMy WebLinkAboutLIND PROPERTY, 2ND FILING - PDP - 39-94D - CORRESPONDENCE - EASEMENTSe, Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Anadarko Entities and Surface Owner shall be thirty (30) feet or more in width, and Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the Anadarko Entities shall be thirty (30) feet or more in width, and the Anadarko Entities shall install and maintain them to those state and local standards that apply to oil and gas operations. 3. Pipelines. Flowlines and Pipeline Easements. a. Pipeline easements shall be at the locations identified on Exhibit B, and pipelines shall be installed at depths of approximately forty eight (48) inches below the surface of the ground. b. Locations of pipelines and pipeline easements may be changed by mutual agreement of the applicable parties; provided, however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Surface Owner. Pipeline easements shall be fifty (50) feet in width during construction activities �n •and (30) feet in width for all operations, maintenance and transportation activities. "J Flowline easements shall be thirty (30) feet in width for all operations. e. Surface Owner shall be entitled to reserve the right to cross the pipeline easements at approximately right angles, and Surface Owner shall also have the right to install l/ and maintain access to such easements for utility lines, including those for water, gas, sewer, electric, telephone, cable, television and fiber optic and other pipelines that travel along, but not within, the pipeline easements provided for herein; provided, however, (i) any new underground facilities which travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; (li) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and (iii) any overhead power lines shall be at least twenty (20) feet above the ground. . f. Surface Owner shall grant the pipeline easements (for production from the Property and/or other lands) to the applicable oil and gas interest owners at the time the 3 8 d U96UZOZ£9 'ON/69: t 1 '1S/00: 81 tOOZ 8 d3S (03M) 1186NM8) S3WOH XIAD WOH3 Yvonne Seaman May 6, 2004 Page 2 temporary structures or other improvements may be constructed within or on top of the easement. gl If you have any questions regarding this matter, please call me. Best regards, KRUG e!r SOBEL, LLC Molly Sommerville cc: Mike Dollarhide Dan Casper 9 d b96UNZ09 'ON/69: Z 1 '1S/00:81 b00d 8 d3S (03M) 1186N6 808) S3WOH X31N30 W08A • XKRUG tar SOBEL, LLC ATTORNEYS AT LAW Molly Sommerville, Fsq. mwmmerville®krug-sobel.com d May 6, 2004 Via Telefal Wd U.S. Mail Yvonne Seaman Land Acquisitions & Planning Director Centex Homes 9250 E. Costilla Avenue, #200 Greenwood Village, CO 80112 Re: Lind Property/Centex Homes Township 8 North. Ranee 68 West Section 29: SW/4; NW/4 (portion) Fort Collins, Larimer County, Colorado Dear Yvonne: 1700 Broadway, Suite 508 Denver, Colorado 80290 Telephone: 303-831-8450 Facsimile: 303-831-8482 E-mail: law@q krug-sobel.com This letter follows up our telephone conversation concerning the property located in Larimer County described as portions of the NW/4 and the SWA of Section 29, Township 8 North, Range 68 West, which is to be developed by Centex Homes as the Lind Development and which was the subject of my letter to you dated April 12. In our telephone conversation, we discussed the access route and pipeline easements for the proposed future wellsite location, and you asked me to find out from the Anadarko entities which access they would like into the wellsite location and the requirements for the pipeline easement. I have discussed your suggestions with representatives from Anadarko E&P Company LP, and they agree that access to the wellsite should be directly from the south along Clarion Lane_ The Anadarko entities would agree to a permanent casement along the west side of Clarion Lane for pipelines which would consist oftn area that is twenty-three feet wide and that abuts the west side of Clarion Lane; provided, howevcr, the twenty-three foot easement must be for the exclusive use of oil and gas pipelines, and no permanent or t d t969 HOZ£9 'ON/69:11 '1S/00:81 tOOZ 8 d1S (01M) 1186NL£0£) SIWOH XIAD W08A APR-12-2004 MON 03:18 PM KRUG & SOBEL, LLC FAX NO, 3038318482 P. 03 Yvonne Seaman April 12, 2004 Page 2 In light of the COOCC rules, I suggest as we discussed is our meeting tbat an additional "no build zone' of 150 feet from the outer boundary of the wellsite location be ar created within the area designated as the community center area. Please also let me know which access raft into the wellsite location Centex prefers among those described as Thoreau Road. Clarion Lane and Bar Harbor Lane, keeping in mind the width requuments for the access road and the pipeline comments together, as set faith in the draft of the surfax use agreement that I have provided.to you. If you have any questions regarding this matter, please call me. I= KRUG fr SOBILL.9 LAX Molly Sommerville MS/!rf Enclosures cc: Mike Dollarhide w«dw DPW Imm 4sw. £ d t9691Z0Z£9'0N/69:L1'1S/00:81 b00Z 8 d3S(03M) k 86Z6L£0£)S3W0H X31N30 W08J APR-12-2004 MOH 03:18 PM KRUG & SOBEL, LLC FAX NO. 3038318482 P. 02 KRL]G 6-S0BU, LLC ATtoaMYs car 1Aw Molly somoerym, Esq. Ml OMM gains" OR ao�=eea of April 1212004 Via Tele�,aud U.S. Yvonne SOMM Land Acquisitions 8t Planning Director Centex Homes 9250 L CosdLia Avenue, #200 Greenwood Village, CO 80112 Re: Lead Property/Centex Homes TowasfYia 8 Nam, Range (Rest Section 29: SW/4, NNW/4 (portion) FL Collins, Whiner Coanty, Colorado Dear Yvonne: 1700 DMdway, Suite 509 Deaver, Cokn& 90290 Telephone: 303431-8450 Tacsimile: 303.831-9482 F'ma 1: lav@bq-9obel.cam Thank you for providing me with the site plan for the Lind Property Development in I.arimerCotlnty to be located on the property referenced above and which is dated April 30, 2003 and shows your proposed wellsite location. As we discussed, the plat shows a wellsite location which consists of a circle with a radius of 200 feet as is outlined in the letter agreement dated May 8, 2003. As Y mentioned to you in our meeting a few months ago, the location of the drill site within an area identified as a community center is a concern to the Anadarko entities. The Colorado Oil and Gas Conservation Commission ("COOCC I Rules provide in Rule 603.c. and 603.d. that i) the high -density nde setback of 350 feet applies to "an educational facility, assennbly building, a hospital, n► mg home, board and care facility or jail" that is located within one thousand feet of a wellbead or a production facility; and ii) the minimum setback for an area identified by the CO&C as a "designated outside activity area" is 350 feet. Z d t96UZ0Z£9 '0N/69: L 1 '1S/00: U b00Z 8 d3S (03M) I MUL£0£) SNOH X31N30 W08d CENTEX HOMES DENVER DIVISTON 9250 E. C0STILLA AVENUE —SUITE 200 GREENWOOD VILLAGE, CO 80112 PHONE: 303/792-9810 FAX: 3031792-9811 FACSIMILE TRANSMITTAL TO: Bob Barkeen, City of Ft. Collins DATE: 9-8-04 RE: Lind Property Gas Easement Information ' FAX: 970416-2020 _ FROM: Rodney Mullcr, LD Proj. Mgr. PROJECT: Brightwater Landing • TOTAL PAGES SENT (including cover) 8 • ORIGINAL TO FOLLOW VIA MAIL X NO YES DESCRIPTION OF ITEMS SENT: REMARKS: Mr. Barkeen, Please find the following correspondence letters and information on the gas easement that we discussed yesterday at our Brighwater Landing project. I hope this information is helpful for the meeting scheduled for Thursday. I've got a call into the gas company for their plans after their line reaches CRS2. As soon as I get that information, I'll give you a call. Thank you, Rodney J Rodney Muller I/ Centex HonV* Land Development Project Manager 303-356-8944 cell ramuller(akentexhomes.com If you had a problem receiving this transmission or you did not receive it in its entirety, please contact us as indicated above. l d b96UZOZ£9 'ON/69: L 1 'iS/00:81 b00Z 8 d3S (03M) 1MUMS) SIKH X31N30 N08J