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HomeMy WebLinkAboutApplication.pdfApplication Form Owner Authorization Surface Use Agreement Ursa Operating Company Valley Farms L Pad Access Roadway OA Project No. 014-1606 grading Permit Checklist Project name/operater: Ci g5 4 Project general location: pc, -.1'!4- S.LT Project acreage: ficL) a) -de- Project length and pipe size: g //- Bond Amount (must equal acreage x $2500): 79.- c) Weed management plan approved by Veg. Management: Property owners iluding federal lands with easements: Engineered sealed plans: Plan set to county engineer consultant for review: State storm water permit: Any county road cut permits need r P- x/577 3 Any land use permits needed based on size or floo plain: Any Corp of Eng. wetland issues: a Original Bond and map to Treasurer's office: Copy of bond in file: Map to GIS: Other: Pending items/date: L?gi 15-2° Cop -;-/-7)0A tA)P-94i C4) -(7V1 19\1-D 72"ii Vil. 1 7: • -\ \ r,?v: Copyright:© 2013 Na o a( GeographiclSlociety % i -cubed „ -.�� 1 Eye11.cubed, USDA USES, AEX, swisstopo, and.the.GIS U r omm nity UrsaOPERATiNG COMPANY Weed Survey MAP LOCATION: VALLEY FARMS L 39.537738 -107.628824 0 500 1.000 Feet PUBLIC INFORMATION Well Pad Proposed Development County Roads Russian Knapweed *HCSI Author: M Spinelli 970.243.3271 Revision 0 08/19/2013 THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. SECOND AMENDMENT TO SURFACE USE AND DEVELOPMENT AGREEMENT This Second Amendment to Surface Use and Development Agreement ("Second Amendment") is entered into and made effective this 2,1 -day of January, 2010 ("Effective Date") by and between the Dixon Water Foundation, a Texas nonprofit corporation whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206, the Discovery Foundation, a Texas nonprofit corporation ("Discovery Foundation") whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206 collectively hereinafter called "Owner, and Antero Resources Piceance Corporation, a Delaware corporation (successor in interest to Antero Resources II Corporation) whose address is 1625 Seventeenth Street, Suite 300, Denver, Colorado 80202, hereinafter called "Operator." Owner and Operator may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, the Owners' predecessor -in -interest, Valley Farms, Inc. (as "Lessor") and Operator (as "Lessee") are Parties to that certain Oil and Gas Lease dated August 23, 2004 covering certain lands in Garfield County, Colorado (the "Lease"), a memorandum of which is recorded in the real property records of Garfield County, Colorado at Book 1635, Page 630, Reception Number 662681; WHEREAS, by a CONVEYANCE AND ASSIGNMENT WITH RESERVATION OF 2.1305% INTEREST recorded as Reception Number 741915 in Garfield County, Colorado, Valley Farms, Inc. conveyed all of its interest in the minerals covered by the Lease to the Dixon Water Foundation and the Discovery Foundation and also assigned all Executive Rights under the Lease to the Dixon Water Foundation; WHEREAS, the Dixon Water Foundation or the Discovery Foundation own the surface for a tract of land located in Sections 9, 10, 11, 12, 13, 14, 15 and 16, Township 6 South, Range 92 West, located in Garfield County, Colorado, which is referred to hereinafter as the "Property"; WHEREAS, Valley Farms, Inc. and Operator entered into a Surface Use and Development Agreement ("Original Agreement") dated July 13, 2005, as amended by the First Amendment to Surface Use and Development Agreement ("First Amendment") dated July 10, 2007, which agreements set forth the mutual understanding of the relative rights and obligations concerning oil and gas operations on the Property, the development of the Property as a planned unit development, terms and conditions for the coexistence and joint development of the surface estate and the oil and gas estate, and the development process for the two estates; WHEREAS, Valley Farms, Inc. has conveyed all of its interest in the Property referenced in the Original Agreement and the First Amendment to the Dixon Water Foundation and/or the Discovery Foundation ("Owner'); WHEREAS, the land use approvals for the Stillwater Planned Unit Development which was contemplated in the Original Agreement and the First Amendment have been revoked and the property has been de -annexed from the Town of Silt; WHEREAS, Parties have now operated under the terms of the Original Agreement and the First Amendment for four years, and changed circumstances require certain minor amendments to the terms, conditions, and descriptions described therein; and, WHEREAS, the Parties desire to set forth their agreement concerning further amendments to the Original Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and in the Original Agreement and the First Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Operator agree as follows: 1. Acknowledgement of Assignment. Operator acknowledges that rights and interests of Valley Farms, Inc. under the Original Agreement and the First Amendment have been assigned to the Dixon Water Foundation and the Discovery Foundation. 2. Exhibit A Amendment. Exhibit A to the Original Agreement, as amended by the First Amendment, which depicts the general positions of the Wellsite Locations to be used by the Operator to develop the oil and gas estate, together with road rights-of-way and pipeline rights-of-way necessary to provide access, is hereby amended and replaced by the new Exhibit A attached hereto and incorporated herein by this reference as "Exhibit A". 3. Access Roads. Wellsite Access Roads as used in the Original Agreement may be used by Owner, or Owner's lessee, as part of the agricultural operation of the Property. 4. Operator's Sole Risk; Visual Impact Mitigation; Insurance. Paragraph 8.b. of the Original Agreement, as amended by the First Amendment will remain applicable in all respects to the C, D, E, F, G and H Wellsite Locations. With respect to the A, B, I, J, K, L, M, N, and 0 Wellsite Locations, the Parties agree that Paragraph 8.b. of the Original Agreement, as amended by the First Amendment does not apply, however, Operator will remain responsible for surface damage under the terms of the lease, including the per well consideration provided therein. 5. Reclamation. Operator shall comply with the interim and permanent reclamation requirements contained in 1000 Series of the Rules and Regulations of the Colorado Oil and Gas Commission. The interim reclamation requirements shall be triggered for any Wellsite Location where Operator has not drilled or fractured a well in the last twelve (12) months. Owner may grant Operator a six (6) month extension upon operator demonstrating that drilling or fracturing operations will occur on the Wellsite Location within the next six (6) month time period. 6. Recording. The Parties agree that this Second Amendment thereto shall be recorded in the real property records of Garfield County, Colorado. 7. Ratification. Except as expressly modified herein, all terms and conditions of the Original Agreement and the First Amendment between the Parties shall remain in full force and effect. 8. Counterpart Signatures Operator and Owner may execute this Second Amendment in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Second Amendment is executed as of the date first above written. OWNER: OPERATOR Dixon Water Foundation Antero Resources Piceance Corporation By: _}` /1 Title: Robert Potts, President OWNER: Discovery Foundation By: Title: Clin Josey, irman oft e oard By: Title: Brian A. Kuhn, Vice President STATE OF COLORADO )§ COUNTY OF DENVER ACKNOWLEDGEMENTS On this j day of January, 2010, before me personally appeared Brian A. Kuhn, known to me to be the Vice President of Antero Resources Piceance Corporation and that he executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. M) CUiririiisIgifire„ NOTARY PUBLIC STAVE OF COLORADO MY COMMISSION EXPIRES 08/0312011 STATE OF TEXAS ) )§ COUNTY OF DALLAASf/) On this o� / -day of January, 2010, before me personally appeared Robert Potts, known to me to be the President of the Dixon Water Foundation and that he executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: 17� JANET SAMFORD NOTARY PUBUC State ciTau Q i ' Comm. ETP. 09R3/2013 STATE OF TEXAS )§ COUNTY OF DALLAS On this ez.,7day of January, 2010, before me personally appeared Clint Josey, known to me to be the Chairman of the Board of the Discovery Foundation and that he executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. le4_€_#¢W Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: /.5 JANET SAMFORD NOTARY PUBLIC State of Texas Comm. Exp. 09123/2013 Notary Public Lri...L.4-‘N- ■111 MIr x121149111 ItLtaLJT M»III:Y11 li4S111111 Receptlen8: 851095 07/07/2014 02:47:37 PM Jean Ribeirieo 1 of 2 Reo Fee:$10.00 Doc Fee:0.00 ORRFIELD COUNTY GO Robert J. Potts President rpotts©dixonwater.org June 30, 2014 Mr. Fred Jarman Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Agent Authorization for Valley Farms L Access Road Permit Dear Mr. Jarman, 1, Robert Potts, President of Dixon Water Foundation, authorize Ursa Operating Company LLC to act on behalf of and represent us in all matters related to land use permitting in Garfield County for the Valley Farms L Pad Access Road as presented on the attached map. Please contact me with any questions you may have. Robert Pots President Dixon Water Foundation (432) 729-4600 cc: Jeff Powers, URSA P.O. Box 177 Marfa, Texas 79843 D .ixonWaterFound a t ion www.dixonwater:org 4528 County Road 398 Decatur, Texas 76234 1111IF1r9RiFAH.11.CYMNii415,11:1151,1 Ali 11111 Recept lontl : 851095 07/07/2014 02:47;37 P11 Jean Albertan 2 of 2 Rec Fee:$16.00 Doo Fee:0.00 GPRFIELD COUNTY CO 150' 0' 1 300' Crapble Seale in Feet 1"e 300? i r Fro Existing Access From ^ County Road 311 Proposed CMP 24" Mtn. Notes or Comments Edge of Field // \_Proposed L Padl // , Access Road PPvposed CMP 24" Mia Proposed CMP 24" Min. Existing Access to The Jand :Pads From County Road 911 River Val ay Survey, Inc. 110 Ran 3nL Snee69ullc 113 Rin;Colmedo91650 P1,:970-379 7846 K Approx, Location of Underground Telephone and Electric Lines. F:ony Cross Easement Bk.492 Pg. 554 Dixon Water Foundation R 2179.114-00.114 Prefect •aV5060o1336 !ele baa 10.02-13 pact 11-20-13 Ron 21-2443 huge, 1": 300• Sa.n 2012 Form 2A' Attachment F(1) Valley Farms L Pad Well Pad Access Map Section 11, Township 6 South, Range 92 West Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com r TYPE OF GRADING I El MAJOR ADIG PERMIT APPLICATION I ❑ MINOR INVOLVED PARTIES Property Owner: Dixon Water Foundation Phone: ( 432 ) 729-4600 Mailing Address: PO Box 177, Marfa, TX 79843 Contractor: AJ Stempfel Construction Phone: ( 970 ) 625-4155 Mailing Address: 28803 Hwy 6, Bldg A, Rifle, CO 81650 Architect: N/A Phone: ( Mailing Address: Engineer: Matrix Design Group Phone: ( 719 ) 575-0100 Mailing Address: 2435 Research Parkway, Suite 300, Colorado Springs, CO 80920 PROJECT NAME AND LOCATION Project Name: Valley Farms L Pad Access Roadway Describe Work: Access road construction for Ursa Resources Valley Farms L Well Pad Job Address: Assessor's Parcel Number: 2179-114-00-114 Sub. Lot Block Earthwork (square feet): 75,000 sq ft Earthwork (Cubic Yards): 3,685 cu yds ALL UTILITIES MUST BE LOCATED PRIOR TO ANY GRADING NOTICE Authority. Thls application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Lea Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Division. Other Permits. Multiple separate permits may be required: (1) State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discharge Permit. Void Permit. A Building Permit becomes null and void if the work authorized Is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement. CERTIFICATION I hereby certify that I have read this Application and that the information contained above is true and correct. I understand that the Building Division accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Division. In consideration of the issuance of the Building Permit, I agree that land my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, ISDS regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law. I hereby grant permission to the Building Division to enter the property, described above, to inspect the work. I further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such Is in violation of County Regulatlon(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Division do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, Including without limitation my architect designer, engineer and/ or builder. I hereby acknowledge that I have read and understand the Notice and Certification above as well as have provided the required information which is correct and accurate to the best of my knowledge. roerty Owner Print and Sign 42% /L/ Date OFFICIAL USE ONLY Special Conditions: 5 ke ak,--14-re 1)7,1. A rii-g44144,-i-,0 - 7 - , (pItc,o, 0 x 0 X4-4 i' -Y V thi-etJ s cp--6-a4 Z /) ) — Gti-3,2-04.4) t_p__T-7-AA To. Permit Fee: Misc Fees: Total Fees: Fees Paid: If W . a) Balance due: Grading Permit: GM- '\ Issue Date: Zoning: (Z BUILDING / PLANNING DIVISION i : - -- .7-4'20 / Signed 1,pproval Date Pd .40 L(bt . obi) a L(�g 30)4-