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Home My WebLink About20070255.tiff DEPARTMENT OF PLANNING SERVICES Q NORTH OFFICE ti° °?P ' 8 10TH S GREELEY, 83541631 PHONE: (970)353-6100100, Ext. 3540 FAX: (970) 304-6498 lupC. COLORADO September 29, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1584 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,December 5,2006, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Garrand Family Limited Partnership LLLP FOR: A Site Specific Development Plan and Special Use Permit fo any use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Industrial Zone District(construction business with two shop buildings, an office and outdoor storage) in the A (Agricultural)Zone District LEGAL DESCRIPTION: SW4 of Section 18, T5N, 67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 13; 1/2 mile south of Hwy 34. 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 Brad Mueller, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10`h Street, Greeley, Colorado 80631, 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 2007-0255 1 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR1584 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 2ND day of OCTOBER, 2006 Voneen Macklin Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS HOWARD CHRISTOPHER 27292 CR 13 LOVELAND CO 80537 SPADE HENRY 27780 CR 13 LOVELAND CO 80537-8205 WELD LV II LLC 812 MARKET CREST DRIVE LAS VEGAS NV 89110 MINERAL INTEREST OWNERS GERRARD GAMILY PARTNERSHIP 1739SCR13C LOVELAND CO 80537 ESTATE OF RAY AMEN C/O KATHERINE DEWALT 26493 CR 15 LOVELAND CO 80537 KP KAUFFMAN 1675 BROADWAY STE. 2800 DENVER CO 80202 SIERRA ENERGY 1982 6033 W. CENTURY BLVD STE. 710 LOS ANGELES CALIFORNIA 90045 AFFIDAVIT OF INTEREST?" LAND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 095718300044 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 A essor was assembled within thirty days of the application's submission date. �� tL Signature 7-11-6-6 Date Property Owners Within 500 ft. of Parcel# 095718300044 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION# 27292 COUNTY RD 13 HOWARD CHRISTOPHER C & 095718300048 LOVELAND,CO 80537 27780 COUNTY RD 13 SPADE HENRY JR(1/2 INT) & 095718200040 LOVELAND,CO 80537-8205 812 MARKET CREST DR WELD LV II LLC (80% INT) & 095718000009 LAS VEGAS,NV 89110 812 MARKET CREST WELD LV LLC 095718300047 LAS VEGAS,NV 89110 http://maps2.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=095718300044&Paz... 9/14/2006 .Weld County, Colorado ^ Page 1 of 3 Weld County, Colorado .. .��. . . . « I \ _to ±mom d© ° 0 _ , . & iy,:s� : \ ? \ / . « \ \ \ � s. » ° L \ r. 14 _ \ / lager @2. n erri X_e eld_ om=_ aode. 9/14/2006 Parcel Number (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). (Include all lots bang included in the application area,If additional space is requied,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: Title: The foregoing instrument was subscribed and sworn to me this day of WITNESS my hand and official seal. My Commission Expires: Notary Public AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE r�Property Legal Description: y-atn.4 or -SI.A Qu„4-i Set /1' 7t . 4° Aare-e G ') w t-sr Parcel Number (7 _ - -3_- Q- Q _5r 4 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). -14- (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 person 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 thrs4 104. By:� �� (0*: r.. 11' Title: Vp -Csur]• t+c,i..y,✓c 01:1‘` . . OF The foregoing instrument was subscribed and sworn to me this 15 day of SQ.5fMloo.(, 2Qt51..p WITNESS my hand and official seal. My Commission Expires: 1 \ L-15C' } ota 1'_ ry Public -15- SEP 14 2006 6: 45AM HP LASERJET 3200 p. 2 Robert P. Messana, P.C. Attorney at Law 315 W.Oak St., Ste. 704 Telephone (970)482-6551 Fort Collins,CO 80521 Facsimile (970)482-1107 Email address: Robert P. Messana robert@messanalaw.com Web address. www.messanalaw.com September 13, 2006 Mr. Nathan Gerrard Via Facsimile (970)669-0593 Gerrard Excavating and U.S. Mail 1739 S. County Road 13C Loveland,Colorado 80537 RE: Mineral Title Examination Gerrard Excavating,Inc. (Our File No. 309-01) Township 5 North. Range 67 West,61°PIA. Section 18: Part SW/4 described on Schedule A attached hereto; Weld County, Colorado Dear Mr. Gerrard: Pursuant to your request, this office has examined title to the captioned lands in order to provide the following information: Ownership of the mineral estate(including leasehold estate),as defined by C.R.S. §24-65.5- 102, underlying the captioned lands. Subject to the limitations set forth below,record title to the mineral and leasehold estates appears as follows: I. Mineral Estate: Gerrard Family Limited Partnership,LLLP 1739 S. County Road 13C Loveland, Colorado 80537 Katherine Nell Dewalt, as Personal Representative of the Estate of Raymond H. Amen,deceased 26493 WCR 15 Loveland, Colorado 80537 SEP 14 2006 8: 45RM HP LRSERJET 3200 p. 3 Gerrard Excavating September 13,2006 Page 2 of 3 11. Leasehold Estate: K. P. Kauffman Company,Inc. 1675 Broadway, Ste. 2800 Denver, Colorado 80202 Sierra Energy 1982-1,a California joint venture 6033 West Century Blvd., Ste. 710 Los Angeles, California 90045 Sierra Energy 1982-1,a California joint venture do K. P. Kauffman Company, Inc. 1675 Broadway, Ste. 2800 Denver,Colorado 80202 The materials examined did not reveal the existence of any valid mineral leases. The information provided above is based upon an examination of the records maintained by Transnation Title Company, Greeley, Colorado, and the records of the Weld County Clerk and Recorder, from inception of title to July 25,2006 at 7:00 a.m., and is certified to such date. This opinion is conditioned upon the accuracy and completeness of the said materials and the undersigned has not undertaken to verify the same;thus,any errors contained in or omissions from the materials examined will necessarily be reflected herein. This letter is neither intended to, nor does it constitute an opinion as to the quality of your title in or to the captioned lands. Furthermore,the opinion(s)as to title expressed herein may not be used or relied upon for any purchase,sale,mortgage,transfer or other conveyance of title. This opinion is limited in scope for the purpose of listing the mineral estate owners for providing notice pursuant to C.R.S. §24-65.5-103, and is not intended for any other purpose and may not be relied upon by third parties. Colorado law requires notice be sent to the owner of the "mineral estate"which is defined as a mineral interest in real property that is not owned as part of the full fee title to the real property. The term "mineral estate owner" includes the owner or lessee of a mineral estate. To the extent required,it is recommended that such notice be sent by certified mail,return receipt requested. The notice must include the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing and the name of the applicant. r SEP 14 2006 8: 45AM HP LASERJET 3200 p. 4 Gerrard Excavating September 13, 2006 Page 3 of 3 Thank you for allowing this office the opportunity to assist you in this matter. Should you have any questions regarding the above,please feel free to contact us. Yo ly, R P. MESSANA,P. C. Robert P. Messana Attorney at Law DADATA‘RsblictlicalliNArtive.mrd Ewwting Inc wtir *I Tide Ex inuio (30%014706)U-etr Opinion wpd /1 www.earthdevelopers.com 1739 South County Road 73c/Loveland, Colorado 80537 office 970.669. 1463/fax 970.669.7964 r'". Weld County Manning Department nR7FLEY OFFICE ZOOE _IERRARO Developing A Common Future October 30, 2006 Brad Mueller Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Notification of Surface Development pursuant to C.R.S. § 24-65.5-103 Mr. Mueller; This letter is to provide certification that notice has been given to all mineral estate owners in compliance with C.R.S. § 24-65.5-103 for the property described as SW4 of Section 18, T5N, 67W of the 6th P.M., Weld County, Colorado. Sincerely, Nathan ward Gerrard Family Ltd Partnership, LLLP Weld County Planning K.R KAUFFMAN COMPANY, INC. Department WORLD TRADE CENTER GREELEY OFFICE 1675 BROADWAY, 20TH FLOOR DENVER, COLORADO 00202-4628 1�Cl 1 1 2 2 2006 TELEPHONE (303) 25-4825 RECEI�fED FACSIMILE (303)825,4825 K www.kpk.com Ellen H.Britt abrin(a.knkcom Division Order Analyst October 11, 2006 Weld County Dept. of Planning Services 918 10th Street Greeley, CO 80631 Re: Case No. USR-1584 SW/4 Section 19, T5N, R67W, 6th PM Weld County, State of Colorado Dear Sirs: As per the Notice that I received (copy enclosed), K. P. Kauffman Company, Inc. (KPK), as mineral lessee, has been notified by Weld County of the proposed Surface Development. KPK's mineral estate within the subject property consist of numerous oil and gas wells, tank batteries, flow lines, pipelines, recorded easements, easements, access and other oil and gas leasehold fixtures. Also, KPK has the right to drill additional wells on the property as per the legislation of the Colorado Oil and Gas Conservation Commission. The proposed Surface Development will directly impact KPK's existing and future oil and gas operations. KPK requests assurance from Weld COunty that the proposed Surface Development will not preclude KPK from drilling, operating, producing and other normal activities for maintaining existing and future oil and gas lease operations. KPK objects to the proposed Surface Development because of the damaging impact the Surface Development will cause to KPK's real property rights and said oil and gas lease operations. KPK requests any approval of the Surface Development be conditioned upon KPK's reasonable use of the surface. Any approval of the Surface Development should be conditioned upon an executed Surface Use Agreement (SUA) between KPK and the Developer. As of the date of this letter, KPK has not formalized an SUA with the Developer. In the absence of a SUA, the action of Weld County may impair the real property rights and oil and gas leases rights of KPK. Also, approval of the Surface K. P. KAUFFMAN COMPANY, INC. Page 2 August 30, 2006 Objection Letter Development Final Plat by Weld County may constitute regulatory takings of KPK's real property rights. KPK requests this letter of formal objection for the Surface Development plat be noted and recorded within the Weld County public hearings and notices. Should you have any questions please contact me at any time. Thank you for your attention to this matter. Sincerely, K. P. KAUFFMAN COMPANY, INC. JitILA-A\ '\-t)ka Ellen H. Britt Land Department ehb end. cc: Mr. Gordon L. Allott, Jr. Attorney at Law Hello