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Home My WebLink About02 Gen App MatlsO\LOLSSON ASSOCIATES General Application Materials OXY USA WTP LP Pond 13 E/W Centralized E&P Waste Management Facility OA Project No. 013-0655 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com LAND USE CHANGE PERMIT APPLICATION FORM le Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION INVOLVED PARTIES Owner/Applicant Name: OXY USA WTP LP Phone: ( 970 ) 263.3637 Mailing Address: 760 Horizon Drive, Suite 101 City: Grand Junctionstate: CO Zip Code: 81506 Email: daniel_padilla@oxy.com Representative (Authorization Required) Name: Craig Richardson Phone: ( 970 ) 462.6989 Mailing Address: 760 Horizon Drive, Suite 102 City: Grand Junction E-mail: crichardson@oissonassociates.com olssonassociates.com State: CC) Zip Code: 81506 PROJECT NAME AND LOCATION Project Name: Pond 13 ENV Centralized E&P Waste Management Facility Assessor's Parcel Number: 2 1 6 9. 0 4 4- 0 0_ 0 0 3 PhysicaijstreetAdtiress: —15 miles N of DeBeque off of Conn Greek Rd Legal Description: !VE SE Section 4, T6S, R97W, 6th P.M. Zone District: Resource Lands - Plateau (RL -P) Property Size (acres): 640 Administrative Review • Development in 100 -Year Floodplain ii Limited Impact Review • Development in 100 -Year Floodplain Variance ❑ Major Impact Review 0 Code Text Amendment • Amendments to an Approved LUCP 0 Rezoning • LIR ■ MIR 0 SUP • Zone District PUD ❑ PUD Amendment Minor Temporary Housing Facility 0 Administrative Interpretation • Vacation of a County Road/Public ROW ■ Appeal of Administrative Interpretation ❑ Location and Extent Review 0 Areas and Activities of State Interest ❑ Comprehensive Plan Amendment ❑ Major ❑ Minor El Accommodation Pursuant to Fair Housing Act 0 Pipeline Development 0 Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: OXY USA WTP LP Phone: ( 970 ) 263.3637 Mailing Address: 760 Horizon Drive, Suite 101 City: Grand Junctionstate: CO Zip Code: 81506 Email: daniel_padilla@oxy.com Representative (Authorization Required) Name: Craig Richardson Phone: ( 970 ) 462.6989 Mailing Address: 760 Horizon Drive, Suite 102 City: Grand Junction E-mail: crichardson@oissonassociates.com olssonassociates.com State: CC) Zip Code: 81506 PROJECT NAME AND LOCATION Project Name: Pond 13 ENV Centralized E&P Waste Management Facility Assessor's Parcel Number: 2 1 6 9. 0 4 4- 0 0_ 0 0 3 PhysicaijstreetAdtiress: —15 miles N of DeBeque off of Conn Greek Rd Legal Description: !VE SE Section 4, T6S, R97W, 6th P.M. Zone District: Resource Lands - Plateau (RL -P) Property Size (acres): 640 PROJECT DESCRIPTION Existing Use: Natural gas development and seasonal rattle grazing Proposed Use (From Use Table 3-403): Material handling Description of Project: This facility wi(I be used to store produced water that would be either recycled For well completions or eventually disposed at a permitted facility. f REQUEST FOR WAIVERS Submission Requirements B The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203.F Landscape Flan Section: 4-203.) Development Agreement Section: 4-203.K improvements Agreement Section: Waiver of Standards The Applicant Is requesting a Waiver of Standards per Section 4-118. List: Section: Section 7-107 Access and Roadways Section: Section: Section: have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge, i 43 Signature of Property Owner Date OFFICIAL 115E ONLY File Number: - Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") OXY USA WTP LP agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Pond 13 E/W Centralized E&P Waste Management Facility 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Daniel Padilla Phone: (970 ) 263.3637 Billing Contact Address: 760 Horizon Drive, Suite 101 City: Grand Junction State: CO zip Code: 81506 Billing Contact Email: daniel_padilla@oxy.com Printed Name of Person Authorized to Sign: Daniell Padilla (Signature) (Date) /1 OXY USA WTP LP and OXY USA Inc. OXY Subsidiaries of Occidental Petroleum Corporation August 13, 2013 Ms. Tamra Allen Community Development Department Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 760 Horizon Drive, Suite 101 Grand Junction, CO 81506 RE: Agent Authorization for the Proposed Pond 13 E/W Centralized E&P Waste Management Facility; Garfield County, Colorado Dear Ms. Alien, OXY USA WPT LP (Oxy) authorizes Craig Richardson, Jeff Hofman, and Olsson Associates (Olsson) to act on behalf of and represent Oxy in matters related to land use permitting for the proposed Pond 13 E/W Centralized E&P Waste Management Facility located in Garfield County, Colorado. Please contact me if you have any questions, comments, concerns, or if you require additional information. I can be reached at 970.263.3637 or at daniel_padilla@oxy.com. Sincerely, I M Daniel I. Padilla Regulatory Advisor Cc: file Olsson 1111 �1pjF1111di d1M1.1ZNttiletiV.rf A9Mi1f Rii i1 11111 Receptiont1: 759304 11/25/2008 04:14:38 PM Jean Alberico 1 of 1 Reo Fee:$6.00 poo Fee:0.00 GARFIEL0 COUNTY CO STATEMENT OF AUTHORITY Daniel 1. Padilla, as Regulatory Coordinator for OXY USA WTP LP, a Delaware limited partnership ("OXY"), is authorized to act on behalf of, and represent OXY in all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County, Colorado until such time as OXY files of record a statement that Mr. Padilla no longer has such authority. OXY acknowledges that when any such permits are issued by Garfield County, Colorado, the County may choose to file thein of record and such permits may contain certain covenants that run with the particular lands identified in such permits, OXY USA WTP LP By: OXY USA Inc., its general partner B y: Name: Ha ry Hufft Title: Vice President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this/ day of November, 2008, by Harry Hufft, Vice President of OXY USA Inc., a Delaware corporation, on behalf of OXY USA WTP LP, a Delaware limited partnership. acDA Notary Public, State of Texas i f1„ /,,,, ('o,. %/ ,9,)6 ,,r 1 ); 0610107 -CWT GREG KOPEL z ■11114 Ili Ili' MAP .INKCX110, 111 II! Reception#: 713682 12/21/2006 04 14:32 PM 8:1876 P:0752 Mildred Alsdorf 1 of 8 Rec Fee:$41.00 Doc Fee:68.45 GARFIELD COUNTY CO 5 GREENWAY HOUSTON TX PERSONAL REPRESENTATIVES' DEED THIS DEED is made by Karen Lee Latham and Ginger Latham, as co -Personal Representatives of the Estate of Charles Harvey Latham, Deceased ("Estate"), (collectively the "Grantors"), to OXY USA WTP LP, a Delaware limited partnership, whose address is 5 Greenway Plaza, Suite 110, Houston, Texas 77046-0506, ("Grantee"). WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated February 21, 2002, which Will was duly admitted to informal probate on April 28, 2004, by the District Court in and for the County of Mesa, State of Colorado, Probate No. 04 PR 116; and WHEREAS, Grantors were duly appointed Co -Personal Representatives of said Estate on April 28, 2004, and are now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby sell, assign, transfer, convey and set over unto Grantee, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the following described real property (the "Real Property"): 1. All of Grantors' right, title and interest in and to the following described real property located in Garfield County, Colorado: Township 6 South, Range 97 West 6th PM, Section 3: Lots 6-11, 14-16, SW1/4, containing 573.08 Acres, more or less Section 4: Lots 10-15, E112SW114, SE114, containing 480 Acres, more or less including, but not limited to, all of Grantors' right, title and interest in: (i) rights-of-way, easements, road use agreements, rights of access, surface agreements, servitudes and similar interests acquired or used in connection with the above described real property; (11) timber; (iii) any contracts affecting the above described real property which are specified on Exhibit "A" attached hereto; (iv) any permits, authorizations, and licenses of any nature owned, held or operated in connection with the surface of the above described real property; (v) Redd Spring No. 2 located in SE114NW114 Section 3 T6S R97W, of the 6th P.M., being 1800' East of the West Section line and 1800' South of the North Section line. 1 111114 II`��I�r��r'�I><4��,lil� 4 Cai141fail1iN 11 III Reception#: 713682 12121/2006 04:14:32 PM B:1B76 P.0753 Mildred Alsdori 2 of 8 Rec Fee:$41.00 Doc Fee:66.45 GARFIELD COUNTY CO Source of water — Spring tributary of Little Creek which is a tributary of Light Gulch which is a tributary of Parachute Creek which is a tributary of the Colorado River. Amount of water — 0.009 c.f.s absolute; and Redd Spring No. 5 located in NE1/4SE1/4 Section 4 T6S R97W, of the 6th P.M., being 200' West of the East Section line and 3020' South of the North Section line. Source of water -- Spring tributary of Little Creek which is a tributary of Light Gulch which is a tributary of Parachute Creek which is a Tributary of the Colorado River. Amount of water — 0.011 c.f.s. absolute; and (vi) all rights and privileges appurtenant to the above described real property, regardless of whether those rights and privileges appurtenant to the above described real property are specifically identified herein. 2. The Real Property does not include Grantors' right, title and interest, if any, in and to the subsurface of the Real Property, including, but not limited to: (1) any oil, gas, hardrock, and/or other minerals; (ii) rights-of-way, easements, roaduse agreements, surface agreements, servitudes and similar interests acquired or used in connection with the use of the subsurface of the Real Property; (iii) any other surface and subsurface water and water rights, belonging to, utilized for, or appurtenant to the Real Property, whether adjudicated or not adjudicated; and (iv) surface and subsurface sand and gravel (collectively referred to herein as the "Mineral Rights"). Grantors are assigning the Mineral Rights to the Grantee via a separate Quitclaim Deed. It is the intent of the Grantors to sell, assign, transfer and convey, and Grantee to accept and acquire, all of the Grantors' right, title and interest in the Real Property. TO HAVE AND TO HOLD the Real Property, with all its appurtenances, unto Grantee, its, heirs, successors and assigns, forever, subject to the following terms, covenants and conditions: 1. Conveyance Effective Date. This Personal Representatives' Deed shall be effective as of the Closing Date, which occurred on e cg.—...,Saco. 18 . oo Le 2. Taxes. Grantors shall be responsible for all taxes relating to the Real Property prior to the Effective Date. Grantee shall be responsible for all taxes (exclusive of federal, state or local income taxes due by Grantors) relating to the Real Property from and after the Effective Date. 3. Ownership and Operations. Upon Closing, Grantee shall assume and perform all the rights, duties, obligations and liabilities of ownership of the Real Property, including without limitation: (1) responsibility for compliance with all applicable laws, ordinances, rules and regulations pertaining to the Real Property, and the procurement and maintenance of all permits required by public authorities in connection with the Real Property accruing after the Closing Date; and (ii) all other obligations -2- so In 4111 11111 Reception#: 7136$2 12/21/2006 04:14:32 PM B.1876 P.0754 Mildred Rlsdorf 3 of 8 Rec Fee:$41,00 Doc Fee:68.45 GARFIELD COUNTY CO assumed by Grantee under this Agreement. Grantors remain responsible for all rights, duties, obligations, and liabilities of ownership and operation of the Real Property which accrue before the Closing Date provided that the Grantors' responsibility for matters relating to the title to the Real Property shall be limited to persons claiming by, through and under the Grantors and no others. 4. Indemnities: a. Definition of Claims. As used in this Personal Representatives' Deed, the term "Claims" means any and all losses, liabilities, damages, obligations, expenses, fines, penalties, costs, claims, causes of action and judgments arising out of, or related to, (i) breaches of contract; (ii) loss or damage to property, injury to or death of persons, and other tortious injury; and (iii) violations of applicable laws, rules, regulations, orders or any other legal right or duty actionable at law or equity. The term "Claims" also includes attorneys fees and court costs resulting from the defense of any claim or cause of action within the scope of the indemnities in this Personal Representatives' Deed. b. Application of Indemnities. All indemnities set forth in this Personal Representatives' Deed extend to the officers, directors, employees and affiliates of the party indemnified, and cover the acts and omissions of the officers, directors, employees, contractors, successors, assigns, heirs, and trustees of the indemnifying party. c. Grantee's Indemnity. Grantee shall indemnify, defend and hold Grantors harmless from and against any and all Claims caused by, resulting from or incidental to: (i) the rights, duties, obligations and liabilities assumed by Grantee in Section 3 and pertaining to the Real Property; (ii) any obligations for broker's fees incurred by Grantee in connection with the purchase of the Real Property; (iii) any failure by Grantee to comply after Closing with applicable laws, ordinances, rules and regulations pertaining to the Real Property, and procure and maintain permits required by public authorities in connection with the Real Property; and (iv) the breach of any representation or warranty by Grantee. d. Grantors' Indemnity. Grantors shall indemnify, defend and hold Grantee harmless from and against any and all Claims caused by, resulting from or incidental to: (i) the rights, duties, obligations and liabilities retained by Grantors as stated in Paragraph 3; (ii) any failure by Grantors to comply with applicable laws, ordinances, rules and regulations pertaining to the Real Property prior to the Effective Date, and failure to procure and maintain permits required by public authorities in connection with the Real Property and (iii) the breach of any representation or warranty by Grantors. 3 ■III'`111.I Cdl4l 'S IN�Illl Reception#: 713682 12!21!2006 04:14:32 PM B:1876 P:0755 Mildred Alsdorf 4 of 0 Rec Fee $41.00 Doc Fee58.45 GARFIELD COUNTY CO 5. Special Warranty. Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained Real Property in the quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under said Grantors, except the Permitted Encumbrances set forth on Exhibit B, attached hereto and by this reference made a part hereof 6. Headings for Convenience. Headings used herein are for convenience only and do not constitute part of this Personal Representatives' Deed. 7. Successors and Assigns. The terms and conditions of this Personal Representatives' Deed shall extend to and be binding upon the heirs, executors, administrators, successors of, or assigns of the respective parties hereto, and shall be covenants that run with the land. However, no assignment by any party shall relieve any party of any duties or obligations under this Personal Representatives' Deed. 8. Survival. The terms and provisions of that certain Purchase and Sale Agreement, dated October 31, 2006, by and between Karen Lee Latham and Ginger Latham, co -personal representatives of the Estate of Charles Harvey Latham, and Thomas F. Latham, Grantors, and OXY USA WTP LP, Grantee ("Purchase and Sale Agreement"), survive the execution and delivery of this Personal Representatives' Deed and the transfer of the Real Property to Grantee. If Grantee sells or assigns all or a portion of the Real Property to a subsequent purchaser, the Purchase and Sale Agreement and all rights and obligations therein will remain in effect between Grantee and Grantors as to all of the Real Property, notwithstanding such sale or assignment. In the event of a conflict between the terms and provisions of this Personal Representatives' Deed, and the terms and provisions of the Purchase and Sale Agreement, the terms and provisions of the Purchase and Sale Agreement shall prevail. 9. Further Assurances. Grantors and Grantee agree to execute and deliver from time to time such further instruments and do such other acts as may be reasonably necessary to effectuate the intents and purposes of this Personal Representatives' Deed. 10. Governing Law. This Personal Representatives' Deed is governed by and must be construed in accordance with the laws of the State of Colorado excluding any conflicts -of -law rule or principle that might apply the law of another jurisdiction. 11. Defined Terms. Undefined terms herein are defined as those terms are defined in the Purchase and Sale Agreement. -4- 1111K 117,1104110hiliiiIiifflifeliMPII 11111 Reception#: 713682 12/21/2006 04:14:32 PM B:1876 P:0756 Mildred Alsdorf 5 of 8 Rec Fee:$41.00 Doc Fee:68.45 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantors have executed this Deed on�c•�, / 6 , 2006. /f/aiik2v. Karen Lee Latham, as Co -Personal Representative of the Estate of Charles Harvey Latham, Deceased GIngerf at - : , as Co -Personal Representative of the Estate of Charles Harvey Latham, Deceased STATE OF COLORADO ) )ss. COUNTY OFMESA ) The foregoing Personal Representatives' Deed was executed before me on this /? day of -N- , 2006, by Karen Lee Latham and Ginger Latham as Co - Personal Representatives of the Estate of Charles Harvey Latham, Deceased, Seller. WITNESS my hand and official seal. My commission expires: / o - a - i o oIjiry Public 5 1111 I4r1 IIZIIINGIII Iii muriYGei`I 'I h hiBM Reception#: 713682 12/21/2006 04.14:32 PM 8:1876 P:0757 Mildred Plsdorf 6 of 8 Rec Fee.$41.00 Doc Fee.68.45 GARFIELD COUNTY CO EXHIBIT A (CONTRACTS AFFECTING REAL PROPERTY) Grant of Easements, dated May 31, 2004, by and between Thomas F. Latham and the Charles H. Latham Estate, Ginger Latham and Karen Latham, Co -Representatives, "Owner", and Williams Production RMT Company, "Grantee", dated May 31, 2004, and recorded at Book 1842, Page 15 of the real property records, Garfield County, Colorado 6 ■III mi Iv, dim umuctrWilft1Yri, hid 11 Il l Reception#: 713682 12/21/2006 04:1432 PM 8:1876 P:0758 Mildred Rlsdorf 7 of 8 Rec Fee:641.00 Doc Fee:68.45 GARFIELD COUNTY CO EXHIBIT 13 (PERMITTED ENCUMBRANCES) Following are the Permitted Encumbrances except for item 19, which the Buyer has waived for the sole and limited purpose of the closing of this transaction; provided, however, that the Estate assumes no obligation with respect to the cure of the claimed defect in item 19. Buyer expressly reserves any and all rights, claims and/or defenses available to it, at law or in equity, relevant to the validity or invalidity of item 19. I. Rights or claims of parties in possession nor shown by the Public records. 2. basements, or claims ofeasements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which arc not shown by the public records. 4. Any lien, or right to a Lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Arty and all unpaid taxes, assessments and unredeemed tax sales. 7, Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of way for ditches or canals constructed by the authority of the United States, us reserved in United States Patent recorded January 25, 1928 in Book 112 at Pegg 464. IU. Reservation of all oil and gas and alt shale or other rock valuable as a source of petroleum and nitrogen, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of July 17, 1914 in the United States Patent recorded June 25, 1928 in Book 112 at Page 464, and any and all interests therein or assignments thereof. 1 I . Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 25, 1928 in Book 112 at Page 465. 12. Reservation of all coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 in the United States Patent recorded June 25, 1928 in Book 112 at Page 465, and any and all interests therein or assignments thereof. 13. Right of way for ditches or canals constructed by the authority of the United Slates, as reserved in United States Patent recorded February 17, 1956 in Book 291 at Page 360. 14, Reservations, conditions and stipulations contained in United States Patent No. 1431391 recorded February 17, 1956 in Book 291 at Page 360 as follows: -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper and other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on August 7, 1953. -That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last-named dated, the sante is expressly excepted and excluded from these presents. 15. Reservation of an undivided 5% interest in all oil and gas by Delos D. Potter and Gertrude I, Potter, in Warranty Deed recorded March 9, 1956 in Book 291 at Page 563, and any and all interests therein or assignments thereof. 16. Reservation of all oil and gas and all shale or other rock valuable as a source of petroleum and nitrogen, together with the right to prospect for, mine and remove the same by Cities Service Oil Company in Quit Claim Dccd recorded May 14, 1953 in Book 308 at Pagc 471, and any and all interests therein or assignments thereof. 17. Reservation of all oil and gas, oil shale and minerals, together with the right to use so much of the surface as may be necessary in removing, mining and refining the same and depositing residual waste resulting therefrom and the building of roads and impounding of surface waters in connection with mining operations in Warranty Deed recorded May 29, 1961 in Book 334 at Page 264, and any and all interests therein or assignments thereof. (Continued) Exhibit B (Page 1 of 2) 1111 1111, IAA 1141.1111.14 'IVM NHL 1111 l Reception#: 713682 12121)2006 04:14:32 PM 3:1876 P:0759 Mildred Plsdarf 8 of 8 Rec Fee:$41.00 Doc Fee:68 45 GARFIELD COUNTY CO EXHIBIT B (PERMITTED ENCUMBRANCES) (Continued) 18. ' Reservation of all minerals, together with the right to prospect for, mine and remove the same by Redd Ranches in Warranty Deed recorded December 20, 1963 in Book 355 at Page 5, and any and all interests therein or assignments thereof. 19. Conveyance to Ruth Latham of an undivided one-half interest in and to all minerals owned by Latham Ranches in Warranty Deed recorded August 20, 1487 in Book 719 at Page 510, and any and all interests therein or assignments thereof. 20. Easements granted to Williams Production RMT Company as described in Grant of Easements recorded September 12, 2046 in Book 1842 at Page 15. 21. Lack of a right of access to and from the subject property. Exhibit B (Page 2 of 2)