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Home My WebLink AboutLIND PROPERTY - PDP - 39-94B - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL NOTICENovember 6, 2002 Bob Barkeen Page 3 Thank you for your consideration in this matter. If you have any questions, please call me. Sincerely, KRUG� SOBEL &RITTER, LLC Molly Sommerville MLS/kb cc: Donna Powers, Esq. Don Ballard Dan Casper Chuck Traxler Shirley Kovar/United States Exploration, Inc. Yvonne Seaman/Centex Homes \\Molly\molly docume\Fi1es\UN10N\Centex\I Bukeen 11,04.02.doc November 6, 2002 Bob Barkeen Page 2 The Oil and Gas Interests Owned by Anadarko E&P. Anadarko E&P owns all of the oil and gas that underlies the Property. The Property is currently included in an exploration agreement between Anadarko E&P or a predecessor company and United States Exploration, Inc. Reports from the Colorado Oil and Gas Conservation Commission indicate that there are at least nine producing oil or gas wells in the adjacent Section 30. 2. Agreements between the Anadarko Entities and the Developer. The Anadarko entities work with developers at the time surface development is proposed to enter into agreements that provide for the compatible development of the surface estate and the mineral estate or some other disposition of the minerals. The Anadarko entities have entered into discussions with the developer to try to resolve the issues; however, there are no agreements in place to date. For this reason, the Anadarko entities at this time would file an objection with the City in response to any notice of a hearing on the Application and would request that the City make the approval of any final plat for the Property conditioned upon agreements between the developer and the Anadarko enitities. As you may be aware, the Colorado General Assembly passed House Bill 1088 in Article 65.5, Title 24 last year entitled, "Notification of Surface Development." This law requires that the developer give thirty days prior written notice to mineral interest owners of hearings on applications for development and certify to the local jurisdiction that the notice was given. Local governments are to require the certification as a condition for the approval of the application. The Anadarko entities anticipate that they will receive notice of hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215 and C.R.S. § 24-6-402(7) and House Bill 1088. Please have notices of all land use hearings for the Property sent to Anadarko E&P and Anadarko Land as follows: Anadarko E&P Company LP P.O. Box 9149 Houston, Texas 77387-9147 Attention: Manager, Land -Western Division Anadarko Land Corp. P.O. Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights -of -Way KRUG, SOBEL & RITTER, LLC ATTORNEYS AT LAW MARYBETH SOBEL' KIM L. RITTER' STEVEN L. MURRAY' JOHN L ROBERTS MOLLY SOMMERVILLE KAREN OSTRANDER-KRUG Of Counsel LISA M. BAIN Of Counsel November 6, 2002 1700 Broadway, Suite 508 Denver, Colorado 80290 Telephone: 303-83 l -8450 Facsimile: 303-83 l -8482 E-mail: 1 aw(a)1crug-sobel.com Via Telefax and U.S. Mail Bob Barkeen Current Planning Department City of Fort Collins 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522, 0580 NOTICE OF MINERAL INTERESTS OWNED BY THE ANADARKO ENTITIES Re: Lind Property, Centex Homes Township 8 North, Range 68 West Section 29: W2 Fort Collins, Larimer County, Colorado Dear Mr. Barkeen: I understand that Centex Homes ("Centex") recently filed an application with the City of Fort Collins ("City") for the development of property that is described as a portion of the W2 of Section 29, Township 8 North, Range 68 West ("Property"). Anadarko E&P Company LP ("Anadarko E&P"), formerly known as RME Petroleum Company and Union Pacific Resources Company, and Anadarko Land Corp. ("Anadarko Land"), formerly known as RME Land Corp. and Union Pacific Land Resources Corporation, own all of the minerals that underlie the Property. Anadarko E&P owns the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals other than the oil, gas and associated liquid hydrocarbons. Centex sent a development referral letter to the Anadarko entities notifying -them that Centex intended to file a development application with the City on October 16, 2002. Please consider this letter to be the response of the Anadarko entities to the referral. 'Also admitted in Wyoming 2 Also admitted in Montana ' Also admitted in the District of Columbia and Illinois W I I AhIiIF Y, pl❑.(i c.L::'..R ii�S. I _ I I I I FT 00 N8 UGA BOUNDARY S I - - - DOUGLAS ROAD COUNTY.RO LARIMER COUNTY FAI FARMING F MIER COUNTY �M FARMING ._.o..., �,... a PROJ CT SITE FT. COLLINS CITY L IMrTS LMN LMN PNOPOem cl Yw.Yw i...` L IHLI_I.I:IL VICINITY MAP SCALE, 1'-2~' D 64 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE WEST 1/2 OF SECTION 29, TOWNSHIP 8 NORTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER. STATE OF COLORADO, WHICH, CONSIDERING THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 29 AS BEARING NORTH AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHWEST CORNER OF SAID SECTION 29, AND RUN THENCE NORTH 2638.36 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 29; THENCE NOO'06'29"W 1983.21 FEET ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 29 TO A POINT ON THE WESTERLY LINE OF THE OUTLET DITCH OF THE ELDER RESERVOIR; THENCE ALONG SAID WESTERLY LINE, S43'04'02"E 122.95 FEET, AND AGAIN S39'33'11"E 106.35 FEET, AND AGAIN S15'55'58'E 79.09 FEET, AND AGAIN S32'27'38"E 20.55 FEET, AND AGAIN S55'35'590E 43.98 FEET, AND AGAIN S59'59'15"E 130.23 FEET, AND AGAIN S53'23'WE 51.90 FEET, AND AGAIN S40'06'12"E 50.00 FELT, AND AGAIN S32'47'45'E 49.28 FEET, AND AGAIN S38'42'29"E 58.25 FEET, AND AGAIN S45.22.26 52.41 FEET, AND AGAIN S47-05.11"E 147.43 FEET, AND AGAIN S49-10-35"E 193.70 FEET, AND AGAIN 1 S60'29'29E 77.63 FEET, AND AGAIN S70'0513"E 245.82 FEET, AND AGAIN S5558'26"E 41.35 FEET, AND AGAIN S40'03'07'E 32.23 FEET, AND AGAIN J S33-18.14"E 98.29 FEET, AND AGAIN S27'24'33`E 87.69 FEET, AND AGAIN S17'13'470E 55.09 FEET, AND AGAIN S09'47'56"E 50.23 FEET, AND AGAIN S16'06'34'E 43.71 FEET, AND AGAIN S22'45'43"E 131.56 FEET, AND AGAIN S20'54'47"E 188.56 FEET, AND AGAIN S09'28'06"E 50.07 FEET, AND AGAIN S03'28'050E 129.41 FEET, AND AGAIN SOT48'09'E 82.28 FEET, AND AGAIN sw27'25"E 71.01 FEET, AND AGAIN S28'17'22"E 163.02 FEET, AND AGAIN S2600'19"E 74.06 FEET, AND AGAIN S18'46'07"E 61.24 FEET, AND AGAIN S09'39'040E 61.84 FEET, AND AGAIN SO4'17'30"E 126.83 FEET, AND AGAIN S31'05'15'E 69.77 FEET, AND AGAIN S29'27'26"E 250.68 FEET, AND AGAIN S10'26'57"E 162.55 FEET, AND AGAIN S18'18'31"E 60.95 FEET, AND AGAIN S38'38'54'E 82.75 FEET, AND AGAIN S42'57'23"E 429.68 FEET, AND AGAIN S43'OW53"E 369.56 FEET. AND AGAIN S50'23'18-E 134.43 FEET, AND AGAIN S41'59'47"E 288.90 FEET, AND AGAIN S07'30'11"W 117.94 FEET, AND AGAIN S15'23'38"E 161.33 FEET, AND AGAIN S06'26'34"W 104 58 FEET, AND AGAIN S06'01'1B'W 106.23 FEET, AND AGAIN S03'32'06"E 132.31 FEET, AND AGAIN S05'14'36'E 105.45 FEET AND AGAIN S0020'33"W 117.31 FEET, AND AGAIN S02'15'56"E 121.40 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 29; THENCE S89'45'59'1W 2638.22 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 TO THE POINT OF BEGINNING, CONTAINING 172.6071 ACRES, MORE OR LESS, AND BEING SUBJECT TO A ROAD RIGHT-OF-WAY FOR, COUNTY ROAD 11 OVER THE WEST 30.00 FEET THEREOF, AND ALSO SUBJECT TO A ROAD RIGHT-OF-WAY FOR COUNTY ROAD 52 OVER THE SOUTH 30.00 FEET THEREOF. (7) �1 CENTEX HOMES 9250 E. Costilla Ave., #200 Greenwood Village, CO 80112 Phone: 303-792-9810 Fax: 303-792-9811 October 11, 2002 Bob Barkeen City of Fort Collins 281 North College Avenue Fort Collins, Co 80522-0580 Re: CERTIFICATION OF NOTICE PURSUANT TO C.R.S. 24-65.5-103 Lind Property, Southeast corner of Larimer County Road 11 and Larimer County Road 52 Dear Bob, I, Yvonne Seaman, do hereby certify that the mineral estate owner has been notified pursuant to C.R.S. 24-65.5-103. A copy of the notice is attached. nd Adquisition and Planning Director