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Home My WebLink About20082179.tiff a DEPARTMENT OF PLANNING SERVICES Kit SOUTHWEST OFFICE 41• 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 COLORADO May 16, 2008 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: PZ-1079 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 15, 2008, at 1:30 p.m., in the Southwest Weld County Hearing Room,4209 CR 24.5, Longmont,Colorado concerning the request of: NAME: Schrage Living Trust FOR: Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for five (5) residential lots and 7.7 acres of common open space (Schrage PUD). LEGAL DESCRIPTION: Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. • LOCATION: South of and adjacent to State Highway 60 and west of CR 3. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Southwest Weld County Department of Planning Services, 4209 CR 24.5, Longmont, Colorado 80504, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • EXHIBIT 2008-2179 1 4 SURROUNDING PROPERTY OWNERS HORACIO OROZCO AND/OR 3593 BIANCA CT SUBSURFACE ESTATES/INTEREST OWNER LOVELAND CO 80537 • PZ-1079 SANCHEZ PORTERS CO 501 CR 48 SURFACE ESTATE LAND OWNERS BERTHOUD CO 80513 AMC MORTGAGE SERVICES RYSZARD TOMTAS 505 CITY PARKWAY WEST 3595 BIANCA CT ORANGE CA 92868 LOVELAND CO 80537 BRAD BAIRD 23481 CR 3 LOVELAND CO 80537 ALFONSO CERVANTES 3593BLANCACT CERTIFICATE OF MAILING LOVELAND CO 80537 I hereby certify that I have placed a true and SORAYA CURA correct copy of the surrounding property owners 3597 BIANCA CT and owners and lessees of minerals in accordance LOVELAND CO 80538 with the notification requirements of Weld County in Case Number PZ-1079 in the United States WAYNE FORBES Mail, postage prepaid First Class Mail by letter as 750 E STATE HWY 60 addressed on the attached list this 16th day of May, LOVELAND CO 80537-8217 2008. FRANCISCO GARCIA Dated the 16th day of May, 2008. 409 GARFIELD AV • LOVELAND CO 80537 ROGER KENNEY � ,wb, ,e.7�1G 23955 CR 3 Kristine Ranslem LOVELAND CO 80537 Recording Secretary for Planning Commission TODD NORRIS 3599 BIANCA CT LOVELAND CO 80537 ANTHONY SANCHEZ 501 CR 48 BERTHOUD CO 80513 SCHRAGE LIVING TRUST 23505 CR 3 LOVELAND CO 80537 JAMES SKEEN 3591 BIANCA CT LOVELAND CO 80537 AMAZON HOLDINGS LLC 2220 MOUNTAIRE LN GREELEY CO 80634 • HACIENDA HEIGHTS HOA 3599 BIANCE CT LOVELAND CO 80537 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 oft AFFIDAVIT OF INTERESTED LAND OWNERS • SURFACE ESTATE Subject Parcel: 106106100010 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 106106100010 NAME MAILING ADDRESS PARCEL IDENTIFICATION • 2220 MOUNTAIRE LN AMAZON HOLDINGS LLC 106106101002 GREELEY,CO 80634 BAIRD BRAD P & 23481 CR 3 106106000009 Additional Owners: BAIRD DINA M LOVELAND,CO 80537 750 E STATE HWY 60 FORBES WAYNE M LOVELAND,CO 80537- 106106000023 8217 HACIENDA HEIGHTS HOA (70% INT) 3599 BIANCE CT 106106101006 Additional Owners: GARCIA FRANCISCO SR (UND 30% LOVELAND,CO 80537 INT) 23955 CR 3 KENNEY ROGER A 106106000073 LOVELAND,CO 80537 NORRIS TODD D & 3599 BIANCA CT • Additional Owners: 106106101001 NORRIS CLARISSA P LOVELAND,CO 80537 3593 BIANCA CT http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=106106100010&P... 05/13/2008 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 OROZCO HORACIO 106106101004 LOVELAND,CO 80537 • SANCHEZ ANTHONY L & 501 CR 48 106106000010 Additional Owners: SANCHEZ LORI K BERTHOUD,CO 80513 SANCHEZ ANTHONY L & 501 CR 48 106106100008 Additional Owners: SANCHEZ LORI K BERTHOUD,CO 80513 501 CR 48 SANCHEZ PORTERS CO 106106100007 BERTHOUD,CO 80513 23505 CR 3 SCHRAGE LIVING TRUST 106106100009 LOVELAND,CO 80537 SKEEN JAMES T& 3591 BIANCA CT 106106101005 Additional Owners: SKEEN BRENDA C LOVELAND,CO 80537 TOMTAS RYSZARD H & 3595 BIANCA CT 106106101003 Additional Owners: TOMTAS BOZENA LOVELAND,CO 80537 • • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=106106100010&P... 05/13/2008 r CERTIFICATION 0 RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5- 103(1), and in support thereof, states and certifies as follows: 1. That Applicant has provided notice, (a copy of which is attached hereto as Exhibit "A"), containing the time and place of the initial public hearing on its application for Case Number P N— IQ 79 _ , the nature of the initial public hearing, the legal description by section, township and range of the property which is the subject of the initial public hearing, and the name of the applicant; 2. That said notice was provided thirty (30) days prior to the scheduled public hearing, that it was provided by certified mail, return receipt requested, or by a nationally recognized overnight courier; 3. That said Exhibit A includes the list of the names and addresses of the surface owners, mineral estate owners and lessees of mineral interests to whom the notice was sent, including those persons who have requested receipt of such notices, pursuant to C.R.S. § 24-65.5-103(3). APPLICANT: • d , STATE OF en lO 0 COUNTY OF h_) Subs-gibed and sworn to before me thisalday of �h.yl.e , 200&', by I d _r �,I`GA�- &L ///� -4 CRY PUtr Notary Public /I dr?Del( -g- /re $ Note: ' hiJCeation 111 ;t be received by the Weld County Department of Planning i Service I o19 IMIEADth. i •S ial public hearing. If the Certification is not received by that time, tisk ring will a C 'scheduled to a later date, and Applicant must re-notify all owners o?u YIY I Mr Cmwnist4nkriet 11.284009 • • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 June 13,2008 Theodore H. Schrage Schrage Family Trust 23505 Weld County Road 3 Loveland, CO 80537 RE: Mineral Interest Notification Dear Mr. Schrage Pursuant to Colorado State Statute, notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15,2008, at 1:30 P.M. in the Hearing Room, Southwest • Weld County Planning Department, 4209 CR24.5, Longmont, Colorado in regards to a Request for a Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042,being part of the E2 NE4 of Section 6,T4N, R68W of the 6a' P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L Walter /Cc: Theodore H. Schrage • • J L Walter Consulting 114 E. 5th Street Loveland, CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 Magpie Operating, Inc. 11138 Wildhorse Peak Littleton, Colorado 80127 RE: Mineral Interest Notification Pursuant to Colorado State Statute,notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15, 2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department,4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L Walter ✓ Cc: Theodore H. Schrage • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 Magpie Operating, Inc. 1707 S. County Road 11 Loveland, CO 80537 RE: Mineral Interest Notification Pursuant to Colorado State Statute,notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15, 2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department,4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A (Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L Walter ✓ Cc: Theodore I-L Schrage • • J L Walter Consulting 114 E. 5th Street Loveland, CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 Magpie Operating, Inc. 4683 Castle Circle Broomfield, Colorado 80020-40787 RE: Mineral Interest Notification Pursuant to Colorado State Statute,notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15, 2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department,4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L Walter Cc: Theodore FL Schrage • • J L Walter Consulting 114 E. 5th Street Loveland, CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 Lorraine Elmquist 8724 I-25 Frontage Road East Longmont, CO 80504-9457 RE: Mineral Interest Notification Dear Ms. Elmquist, Pursuant to Colorado State Statute, notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15, 2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department,4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L Walter /✓ Cc: Theodore H. Schrage • • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 Elmquist Brothers, a Partnership 8724 I-25 Frontage Road East Longmont, CO 80504-9457 RE: Mineral Interest Notification Gentelmen, Pursuant to Colorado State Statute,notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15, 2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department,4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A (Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L Walter t/ Cc: Theodore H. Schrage • • J L Walter Consulting 114 E. 5th Street Loveland, CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 Swanson Farm, a Partnership 13125 E. County Line Road Longmont, CO 80501 RE: Mineral Interest Notification Gentelpersons, Pursuant to Colorado State Statute, notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15,2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A(Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting J L L.ka— 'T J L Walter Cc: Theodore H. Schrage • • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 June 13, 2008 John R. Haines, Jr. and Phyllis E. Haines 618 Park Drive Lyons, CO 80540 RE: Mineral Interest Notification Dear John and Phyllis, Pursuant to Colorado State Statute,notice is hereby given of a meeting to be held with the Weld County Planning Commission on July 15, 2008, at 1:30 P.M. in the Hearing Room, Southwest Weld County Planning Department, 4209 CR24.5, Longmont, Colorado in regards to a Request • for a Change of Zone from A (Agricultural)to Planned Unit Development with Estate uses on a parcel of land described as Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado. If you have any questions regarding the above, you may call this office at the above listed number. Respectfully Submitted J L Walter Consulting �J L Walter l/ Cc: Theodore H. Stage • • April 30, 2008 Cameron Walter J L Walter Consulting 114 East 5th Street Loveland, CO 80537 RE: Update of Title Ownership Memorandum Schrage Family Trust 6-4N-68W: A part of the E2 of NE4 described as Lot B of RE2509 Dear Mr. Walter, Per your request of Arlen Hershberger for an update to Mr. Kimball's Mineral Owner Report on the above referenced tract, I have enclosed the following in the email: 1. Write Up Summary 2. Copies of Documents in electronic form Should you have any questions or need clarification on anything, please feel free to contact me. • Regards, Nathan Polulech Associate Veritas Land (970) 405-8475 natepolulech@comcast.net • • April 29, 2008 RE: Title Ownership Update Schrage Living Trust Part of the E2/NE4 Section 6-4N-68W described as Lot B Recorded Exemption No. 1061-01-1-RE2509 A Property Index Search Report was obtained from LandAmerica Title Co. covering the dates of December 1, 2005 thru a certified plant date of 4/29/2008 and is used as the update basis with regard to the Title Ownership Memorandum performed by Rocky Kimball dated December 30, 2005. An examination of the chain and review of the documents indicates the following: 1. Our subject parcel, Lot B of RE2509 has been re subdivided per map recorded 1/24/2006 at Rec. 3357187 and is now known as Lots A and B of Recorded Exemption No. 1061-06-1 RE-4042. Assessor Records show the Magpie Operating Leasehold Interest attached to the new Lot B. New Assessor Parcel No.'s as follows: Lot A parcel No. 1061-06-1-00-009 Lot B parcel No. 1061-06-1-00-010 2. Title was transferred from Schrage Living Trust to Schrage Living Trust via Quit • Claim Deeds recorded 12/6/2007 at Reception No. 3521987(as to Lot A) and No. 3521988(as to Lot B) with no mineral severances indicating that Schrage Living Trust continues to hold 100% ownership in the mineral and surface estates. 3. Under the Pooled Mineral Owners section of the December 30, 2005 Title Ownership Memorandum, a 6.88 Acre tract described as the Volney Chapman Reservoir is referenced indicating ownership by Elmquist Partners, Lorraine Elmquist and Swanson Farm. Ownership interest in said tract was transferred to The Schrage Living Trust in Quit Claim Deed and Release recorded 2/19/2008 at Rec. 3535983 without reservation and pursuant to Lis Pendens and Orders of record. All recorded documents from 12/1/2005 thru 4/29/2008 are provided along with this summary in electronic form, including Agreements, Easements and Liens not addressed in the write up. Sincerely, Nathan Polulech Veritas Land • • • rs DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 • LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 IFAX: (720) 652-4211 C. COLORADO April 6, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: PZ-1079 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 20, 2006, at 1:30 p.m., in the Southwest Weld County Hearing Room, 4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Schrage Living Trust FOR: Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for five (5) residential lots and 7.7 acres of common open space (Schrage PUD). LEGAL DESCRIPTION: Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th • P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 60 and west of CR 3. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Southwest Weld County Department of Planning Services,4209 CR 24.5, Longmont, Colorado 80504, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • SURROUNDING PROPERTY OWNERS MAGPIE OPERATING INC AND/OR 4683 CASTLE CR SUBSURFACE ESTATES/INTEREST OWNER BROOMFIELD CO 80020-40787 • PZ-1079 MAGPIE OPERATING INC 1707 SOUTH CR 11 SURFACE ESTATE LAND OWNERS LOVELAND CO 80537 AMC MORTGAGE SERVICES MAGPIE OPERATING INC 505 CITY PARKWAY WEST 11138 WILDHORSE PEAK ORANGE CA 92868 LITTLETON CO 80127 BRAD BAIRD ELMQUIST BROTHERS PARTNERSHIP 23481 CR 3 8724 1-25 FRONTAGE ROAD EAST LOVELAND CO 80537 LONGMONT CO 80504-9457 ALFONSO CERVANTES LORRAINE ELMQUIST 3593 BLANCA CT 8724 1-25 FRONTAGE ROAD EAST LOVELAND CO 80537 LONGMONT CO 80504-9457 SORAYA CURA SWANSON FARM PARTNERSHIP 3597 BIANCA CT 13125 EAST COUNTY LINE RD LOVELAND CO 80538 LONGMONT CO 80501 WAYNE FORBES JOHN & PHYLLIS HAINES 750 E STATE HWY 60 618 PARK DRIVE LOVELAND CO 80537-8217 LYONS CO 80540 FRANCISCO GARCIA • 409 GARFIELD AV LOVELAND CO 80537 ROGERKENNEY CERTIFICATE OF MAILING 23955 CR 3 LOVELAND CO 80537 I hereby certify that I have placed a true and correct copy of the surrounding property owners TODD NORRIS and owners and lessees of minerals in accordance 3599 BIANCA CT with the notification requirements of Weld County LOVELAND CO 80537 in Case Number PZ-1079 in the United States Mail, postage prepaid First Class Mail by letter as ANTHONY SANCHEZ addressed on the attached list this 5th day of April, 501 CR 48 2006. BERTHOUD CO 80513 SCHRAGE LIVING TRUST \ 23505 CR 3 , _ L LOVELAND CO 80537 JAMES SKEEN Donita May 3591 BIANCA CT LOVELAND CO 80537 MINERALS AND/OR SUBSURFACE THEODORE SCHRAGE TRUSTEE SCHRAGE FAMILY TRUST • 23505 CR 3 LOVELAND CO 80537 Kit eljgse..... DEPARTMENT OF PLANNING SERVICI SOUTHWEST OFFI( 4209 CR 24 LONGMON , CO 805 • PHONE: (720) 652-421O, Ext. 87: ' FAX: (720)652-42 C. COLORADO April 6, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: PZ-1079 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 20, 2006, at 1:30 p.m., in the Southwest Weld County Hearing Room,4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Schrage Living Trust FOR: Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for five (5) residential lots and 7.7 acres of common open space (Schrage PUD). LEGAL DESCRIPTION: Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, F 68W of the 6th P.M., Weld County, Colorado. • LOCATION: South of and adjacent to State Highway 60 and west of CR 3. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Southwest Weld County Department of Planning Services,4209 CR 24.5, Longmont, Colorado 80504, on or before the date of public hearing. Southwest Weld Coicirr Department of Planning -ces 4titL 4209CR24.5 al- o �sr Longmont CO 80504 0r) : .'rfi 3 ` •r® ' Nr :'"i 1 02 1A $ UU-2w MAILED FRO7 APR 11 060 H a,� tsv_� �`_' - MAILED FROM ZIP CODE 8063 LORADO Weld County Planning Dep; SOUTHWEST BUILDIN MAGPIE OPERATING INC APR 1 7 2006 11138 WILDHORSE PEAK LIFTLETON CO 80127 II *sat'CEfVE Rlk �� AETURR �� TC SENDER TT FADER -- ' UNDEI VERAB ai,Ei l' BARE AS ADDRESSED. ,rCRWARDRG WHI _ ,15 _-ctiz-.81.-x8atcpc.4Ir i 1l..1,II,,..I,i,il,,,,L,i,i,i,,,i,ii,„i„li,i,l,d,l,�l„i,i (sieQ DEPARTMENT OF PLANNING SERVICE SOUTHWEST OFFIC • 4209 LONGMONT, COC 805(PHONE: (720)652-4210, Ext. 87: FAX: (720)652-42' ip C. COLORADO April 6, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: PZ-1079 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 20, 2006, at 1:30 p.m., in the Southwest Weld County Hearing Room, 4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Schrage Living Trust FOR: Change of Zone from A (Agricultural) to Planned Unit Development with Estate uses for five (5) residential lots and 7.7 acres of common open space (Schrage PUD). LEGAL DESCRIPTION: Lot B of RE-4042, being part of the E2 NE4 of Section 6, T4N, R68W of the 6th • P.M., Weld County, Colorado. LOCATION: South of and adjacent to State Highway 60 and west of CR 3. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Southwest Weld _ . Southwest Weld Cot -Department of Planning - 4209 CR 24.5 �'tES�st 1. t:44Lpz, Longmont CO 80504 o y j ryi y5 opt Ka 44is -..f 7 PUNK . �t.'. 02 1A WILDe L f r 0004352957 APR �rI ATTEMPTED NOT KNOWN a.U. ' MAILED FROM ZIP CO COLORADO %.. .t. 1 o NO STREET DESERT P.O.BOX NUMBER REQUIRED Weld County Planning De JOHN&PHYLLIS.HAINES SOUTHWEST BUlLDINI 618 PARK DRIVE APR 1 LYONS CO 80540 2006 RECEIVED • • • Weld County Planning Department SOUTHWEST BUILDING J L Walter Consulting 114 E.5th Street APR 7 2006 Loveland,CO 80537 RECEIVED (970)613-2037 FAX (970) 203-1147 April 26, 2006 Michelle Martin, Planner Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 RE: SCHRAGE LIVING TRUST, CHANGE OF ZONE,CASE #PZ-1079 The undersigned certifies that on April 26,2006, a copy of the attached letter was mailed to all mineral estate owners, identified in accordance with CRS § 24-65.5-103, of the date,time, and place of the public hearing to be held JUNE 20,2006 AT 1:30. Very truly yours, JL Walter Consulting • \duck a,/ Shelled A�chenbrenner cc Ted Schrage • RAINE ELMQUIST &• Magpie Operating, Inc. ELMQUIST BROTHERS, A SWANSON FARM, A PARTNERSHIP 1707 S. County Rd. 11 PARTNERSHIP 13125 E. COUNTY LINE ROAD Lifland, CO 80537 8724 I-25 FRONTAGE ROAD EAST LONGMONT, CO 80501 LONGMONT, CO 80504-9457 PHYLLIS E. &JOHN R. HAINES, JR. 618 PARK DRIVE LYONS, CO 80540 • • • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE • Property Legal Description: Ti E NL- 41 47 —4 -4g L078 8 Rife_ En-hip/nn1 RE-i7100- Parcel Number I O ( - D Co - r - 0 D - D ) h (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred (500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. • By:, .(JO C.QFF Title: ,(,due J The foregoing instrument was subscribed and sworn to me this day of f f L(_,j . 0 WITNESS my hand and official seal. -re Jµr) j �F cam`:•'0i/a ' `(3'1,. My Commission Expires: ('UI f 7I 0� / .'j •• �� '� �` •f / . n - O- Notary Public • -16- •FIDAVIT OF INTEREST OWNER MINERALS I AND/OR SUBSURFACE Ill Property Legal Description:P/ £' ,2 ,t/ 4 L,- -hg Lo TA' C E(E'AJp ui J Ring Parcel Number D to r- O 4L (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) STATE OF COLORADO) ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a ipperson qualified to do the task, and shall be current as of a date more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: Title: ,664 The foregoing instrument was subscribed and sworn to me this day of O . WITNESS my hand and official seal. �p^1`r( � . 0 TA R My Commission Expires: 101 14107 [ � N7%`'.veL,0 ' • O ! J`�`^' '- Notary Public • -17- AFFIDAVIT OF INTERESTS LAND OWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS • SURFACE ESTATE Subject Parcel: 106106100010 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature y _s_ oo Date Property Owners Within 500 ft. of Parcel# 106106100010 NAME MAILING ADDRESS PARCEL IDENTIFICATION • 505 CITY PARKWAY W AMC MORTGAGE SERVICES 106106101003 ORANGE,CA 92868 23481 COUNTY RD 3 BAIRD BRAD P & 106106000009 LOVELAND,CO 80537 3593 BLANCA CT CERVANTES ALFONSO & 106106101004 LOVELAND,CO 80537 3597 BIANCA CT CURA SORAYA 106106101002 LOVELAND,CO 80538 750 E STATE HWY 60 FORBES WAYNE M LOVELAND,CO 80537- 106106000023 8217 GARCIA FRANCISCO JR (UND 70% 409 N GARFIELD AVE INT) & 106106101006 LOVELAND,CO 80537 23955 WELD CO RD #3 KENNEY ROGER A 106106000073 LOVELAND,CO 80537 3599 BIANCA CT • NORRIS TODD D & 106106101001 LOVELAND,CO 80537 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=106106100010&Par... 04/05/2006 AFFIDAVIT OF INTEREST,LAND OWNERS Page 2 of 2 • 501 COUNTY RD 48 SANCHEZ ANTHONY L & 106106100008 • BERTHOUD,CO 80513 501 COUNTY RD 48 SANCHEZ ANTHONY L & LORI K 106106100007 BERTHOUD,CO 80513- 9134 501 WELD CO RD 48 SANCHEZ ANTHONY L & LORI K 106106000010 BERTHOUD,CO 80513 23505 COUNTY RD 3 SCHRAGE LIVING TRUST 106106100009 LOVELAND,CO 80537 3591 BIANCA CT SKEEN JAMES T & 106106101005 LOVELAND,CO 80537 • • http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=106106100010&Par... 04/05/2006 • • ANTHONY & LORI SANCHEZ ANTHONY & LORI SANCHEZ ANTHONY & LORI SANCHEZ PARCEL #1061-06-1-00-008 PARCEL #1061-06-1-00-007 PARCEL #1061-06-0-00-010 illiCOUNTY RD 48 501 COUNTY RD 48 501 COUNTY RD 48 HOUD, CO 80513 BERTHOUD, CO 80513 BERTHOUD, CO 80513 BRAD BAIRD DAWN WIRTH JAMES SKEEN PARCEL# 1061-06-0-00-009 PARCEL# 1061-06-0-00-008 PARCEL# 1061-06-1-01-005 23481 COUNTY RD. 3 23491 COUNTY RD 3 3591 BIANCA CT LOVELAND, CO 80537 LOVELAND, CO 80537 LOVELAND, CO 80537 FRANCISCO GARCIA ALFONSO CERVANTES AMC MORTGAGE SERVICES PARCEL# 1061-06-1-01-006 PARCEL# 1061-06-1-01-004 PARCEL# 1061-06-1-01-003 409 N GARFIELD AVE 3593 BIANCA CT 505 CITY PARKWAY W LOVELAND, CO 80537 LOVELAND, CO 80537 ORANGE, CA 92868 SORAYA CURA TODD NORRIS ROGER KENNEY PARCEL# 1061-06-1-01-002 PARCEL# 1061-06-1-01-001 PARCEL# 1061-06-0-00-073 3597 BIANCA CT 3599 BIANCA CT 23955 WELD CO RD #3 LOVELAND, CO 80537 LOVELAND, CO 80537 LOVELAND, CO 80537 WAYNE FORBES PAUL &JENNI BUKOWSKI ELMQUIST, LORRAINE PARCEL# 1061-06-0-00-023 PARCEL# 85310-00-014 PARCEL# 85320-00-006 750 E STATE HWY 60 2307 E COUNTY RD 14 8724 I-25 FRONTAGE RD E LOVELAND, CO 80537-8217 LOVELAND, CO 80537-8708 LONGMONT, CO 80504 • RICHARD & CATHERINE HANES PARCEL# 85320-00-008 2605 E COUNTY RD 14 LOVELAND, CO 80537 • • R.C. Rocky" Kimball, CPL • 3635 W. Bucknell Circle Highlands Ranch, CO 80129-1700 • 303.884.3396 rockykimball@comcast.net April 2, 2006 Mr. J. L. Walter J L Walter Consulting 114 East 5th Street Loveland, CO 80537 Attention: Shelly RE: Schrage PUD Project Re-Check for new Affidavit As Requested by Shelly on 3/31 • Dear Shelly, As requested on Friday, March 31st, I re-checked the names in the Larimer County on- line Grantor/Grantee Index and found that all items previously reported remain the same as of Records verified on March 30, 2006. Therefore, I am attaching a new Affidavit of Interest Owners and new Title Memorandum for the subject property. Thanks for letting me help you with this! Since R. C. "Rocky" Kimball, CPL enclosures • TITLE MEMORANDUM Page 1 of 3 Schrage PUD Project DATE: April 2, 2006 TITLE EXAMINER: R. C. "Rocky" Kimball, CPL COUNTY: Weld STATE: Colorado LEGAL DESCRIPTION: T-4-N, R-68-W Section 6:A part of the E''A NE Y.described as Lot B of Recorded Exemption No. 1061-01-1-RE2509, Weld County, CO PRESENT OWNERS: SURFACE OWNERS): Wheodore H. Schrage,Trustee Schrage Family Trust 100.00% 23505 Weld County Road 3 Loveland, CO 80537 OIL, GAS&MINERAL OWNERSHIP: Theodore H. Schrage, Trustee Schrage Family Trust 100.00% 23505 Weld County Road 3 Loveland, CO 80537 LEASEHOLD OWNERSHIPISTATUS: Magpie Operating, Inc. 100.00% 4683 Castle Circle Broomfield, CO 80020-40787 Altemate Address: 1707 S. County Road 11 Loveland, CO 80537 Alternate Address: •11138 Wildhorse Peak Littleton, CO 80127 Researcher's Note: According to the County Records, here have been no leases or mining for coal or any other minerals. • •Page 2 of 3 Schrage PUD Project POOLED MINERAL OWNERS UNDER E'/2 NE% .n addition to Schrage Family Trust lands) 6.88 acres, described as the Volney Chapman Reservoir, located in the E '14 NE '14: Elmquist Brothers, a Partnership 25.00% 8724 1-25 Frontage Road East Longmont, CO 80504-9457 Lorraine Elmquist 25.00% 8724 1-25 Frontage Road East Longmont, CO 80504-9457 Swanson Farm,a Partnership 50.00% 13125 E. County Line Road Longmont, CO 80501 4.1 acres, being all that land described in Warranty Deed recorded April 9, 1973, in Book 689 under Reception No. 1610698, being located in the NW'/ E %NE '/. John R. Haines, Jr. and Phyllis E. Haines 100.00% 618 Park Drive Lyons, CO 80540 •tEAL ESTATE TAXES(GIVE NAMES&ADDRESSES OF PARTY OR PARTIES ASSESSED): Parcel#: 106106000088 Property Address: 866 Highway 60 Theodore H. Schrage, Trustee Schrage Family Trust 100.00% 23505 Weld County Road 3 Loveland, CO 80537 Actual tax payment status has not been researched. Easements and Rights-of-Way: Have not been researched. MORTGAGES AND/OR DEEDS OF TRUST: Have not been researched. �IENS, JUDGMENTS AND LIS PENDENS(GIVE LIENHOLDER NAMES AND ADDRESSES): Have not been researched. • Pl3ge3of3 Schrage PUD Project EXAMINER COMMENTS: this report covers from inception of title through March 30, 2006 at 5:00 p.m. as indicated by the records attained from TransNation Land America Title Company in Greeley as of December 27, 2005 as well as the posting date of the County Clerk and Recorder's Office in Greeley, Colorado in their computer and grantor/grantee book indexes as of April 2,2006. As you are probably aware, the Title to these lands began with the Patent from the USA in January 1891 to Laura E. Snead. She was granted what is described as Lots one and two and the S%NE%of Section 6, containing 156.78 acres. Looking at the MT and History Plat at the BLM I found that the NE 'A was later surveyed as Lots 1 & 2, and containing 156.28 acres. Finally, recent surveys show the NE % as covering a total of 166.16 acres. Looking at aerial photos, aacoacsor plats as well as those provided, the entire section appears lopsided and sloping to the West As mineral ownership of the West 80 acres are owned differently, lam assuming that the more recent acreage amount of 166.28 acres allows the subject Schrage lands to clearly not include any of the West 80-acres'minerals. I am assuming that early surveys were taken incorrectly at a time when current technology wasn't available to correctly attain true acreage amounts. Your surveyors and legal department may want to assure to you that this is the case. Wells drilled on the subject property and adjacent lands include the Schrage No. 1 and No. 2, each producing from the CodelVNiobrara formations.When the wells were drilled in 1976,the royalty owners under three tracts each signed a"Royalty Owners Pooling Agreement'dated March 1, 1976, recorded at reception number 1688607. The royalty owners pooled their interest in a 6.88 acre tract, a 4.1 acne tract as well as the 71.18 acre tract It is assumed that the 6.88 acre bad is the ditch that runs along the bottom of the Schrage property that at one-time was a ditch taking water into the Reservoir. The 4.1 acre tract,owned by Wayne N. Forbes lies in the NW% NE'A and the remaining lands include the subject Schrage tract as well as the tract immediately west of it that was previously sold to the Garcia family. This report is made for the purpose of assisting in a determination of the record surface, mineral ownership and leasehold status of the captioned lands. This report is not a guaranty of title, nor an opinion of title. The title examiner expressly assumes no financial liability for this report ll.houId you have any questions in regards to the contents of this report, or wish to have copies of any of the referenced documents, please feel free to call me at 303.884.3396. It has been a pleasure helping you on this project Signed:/ f/64'R. C. Kimball, CPL • • • R.C. "Rocky" Kimball, CPL 3635 W. Bucknell Circle • Highlands Ranch, CO 80129-1700 303.884.3396 rockykimball@comcast.net January 2, 2006 Mr. J. L. Walter J L Walter Consulting 114 East 5th Street Loveland, CO 80537 RE: Title Ownership Memorandum Schrage Family Trust PUD T-4-N, R-68-W, 6th PM Section 6: A part of the E''A NE 'A described as Lot B of Recorded Exemption No. 1061-01-1- RE2509, Weld County, CO • Dear Shelley and Mr. Walter, I am enclosing the form you sent me in today's e-mail, along with a two-page version of my report. Although the Affidavit states that you need to notify only the owners under the tract being considered, I am including the list of each owner that signed the Royalty Owners' Pooling Agreement mentioned in my report, which effectively pools all the owners as if they own under your parcel. If there is anything else I can furnish to help assist you in your efforts, please call. Thanks again for letting me help you with this! Since feWEA R. C. "Rocky" Kimball, CPL enclosure • Schrage POD-Well Stairs for Sec 6 • N Red Lines 36 3+ 4-MA^W1DE 32 OIL AND GAS WELLS • Oil/Gas Wells ■ Well Status ��„„E,,, �� E,: . I shAKALKAKA, Location 5) Producing EN Shut In 6 Temp Aban € Injecting •ae„A,:, 4l„„E„, + Plugged o Dry&Aban a Domestic , 5 • Gas Storage Waiting On Location •;THD„, Aban Loc Unknown • Verbal Plugging Well Name CITIES-TOWNS-PLACES TOWNS-PLACES ROADS AND RRS 12 8 I ' N SCALE 1 : 17,875 1,000 0 1,000 2,000 3,000 FEET • http://oil-gas.state.co.us/infosys/Maps/cogcc_Prod.mwf Friday, December 30, 2005 6:44 I ^ e: �2,# x ("'$ `LT am , .id.ref.+„smu s N,».:'. _ ' R �a► t "� f a 3y ,N 4. r V'fi .*.r n ± } L+tt.. Err ` 4-J+'' +L#' }d' Wi kg Ai1'S' d %, Fs};..y�4.4 r C q t'. "\ t : 1 . ,K /" 3' {{3 e t 4 ti t.'w ,- 7 t It t+^ tr yt s fllr!* , F'.''a` IY �'A, ,;.so ti'h' a4A a' - + i• 4 .L. , t. f \ ,:+ { / I t x i '4 ,r,, b \ 1 F- �,: s v + y y . y4yga fi s d - - • 4: y R 1. e..� ....m... - �...._ S t .P k‘.• .x.. f. M'.. . .. .a . 3 . 3z. "t ' r t. r �r �� a f k }} LEGEND A Portion of: 13600 ‘IS QLARIEN SECTION LIRE - DITCH QL PARCELNUNIBER • R.C. "Rocky" Kimball, CPL • 3635 W. Bucknell Circle • Highlands Ranch, CO 80129-1700 303.884.3396 rockykimball@comcast.net December 30. 2005 Mr. J. L.Walter J L Walter Consulting 114 East 5th Street Loveland, CO 80537 RE: Title Ownership Memorandum Schrage Family Trust PUD T-4-N, R-68-W, 6r" PM Section 6: A part of the E % NE %described as Lot B of Recorded Exemption No. 1061-01-1-RE2509, Weld County, CO Dear Mr. Walter, I am enclosing the Title Memorandum that Shelly requested on December 13, 2005 for the referenced property. My research certifies that there were no mineral severances found in the County Clerk and Recorder's records, meaning that the current surface owner also owns all of the minerals. There is one oil • and gas well located on the subject property, as well as one on the adjacent property, (Lot A of Recorded Exemption No. 1061-01-1-RE2509), drilled in the 1970's. The royalty owners entered into a Pooling Agreement, which effectively allows them to share under the entire E % NE 1/4, including the Schrage property. You will find the names and addresses for these properties listed below. My research from Patent forward to December 16, 2005 reveals that the property was leased for oil and gas several times as early as 1924. According to current Colorado Oil and Gas Corporation Commission records, there was reported oil and gas production on the property from the Codell as well as the Niobrara formations in September of 2005. There appear to have been no mining claims or related activity on the property. Since 1973, the land has been owned by the Schrage family. It is important that for notification purposes that you contact each owner under the E % NE %4 as shown herein. In cases where adjoining tracts have had mineral severances, I have researched the names for current addresses, but have sometimes found that the operator may have been furnished information that has not yet been filed of record. Swanson Farm, Lorraine Elmquist, Elmquist Brothers and other owners, have had no sale of record since 1980, but may have provided ownership change information to Magpie Operating. (Probate information, as an example)As you are required under HB-1088 to furnish owners of record your PUD, the fact that Magpie's records may differ from record title does not matter. If you have any questions about this project, please feel free to call me at your convenience at 303.884.3396. It has been a pleasure helping you with this! Sincerely feedjefoR. C. "Rocky" Kimball, CPL • Hello