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Home My WebLink About20063252.tiff Wallacee A.Grant GRANT -1 T , , 'Tl GRANT 436 Office Coffman x 08 Suite 200 Cameron A.Grant ■V�1�J�Cglln�l� ,VT Poet Office Box 8 Philip A.Goiran Longmont,Colorado 80502 0908 Suzan D.Fritchel G o I�X� � LL P i TL P Phone:30 .3,0 3.7+6. 0 Brandon C.Shaffer VV L pax, 3°1774.3349 4. 49 Mark springa ton ATTORNEYS AT LAW Email: lautaggiam.com 6broifred Publie Aeeountant Web: www.gglaw William J.McCurren of Counsel Weld County Planning Department September 14, 2006 SOUTHWEST BUILDING SEP 2 1 2006 Via Certified Mail,Return Receipt Requested Ms. Michelle Martin RECEIVED Weld County Planning Department 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Newby Farms Property MUD Amendment Proposal Notice to Mineral Estate Owners Dear Ms. Martin: Please find enclosed with this letter a copy of the September 14, 2006 notice that was sent by Certified/First Class Mail to the Mineral Estate Owners underlying the Newby Farms Property. Also enclosed is the List of Mineral Owners and Mineral Lessee's prepared by Crews & Zeren, LLC. In accordance with Section 24-65.5-103 of the Colorado Revised Statutes, Notice was mailed to the last known address of all record mineral interest holders. Please note that Robert H. and Iola M. Poage were identified as mineral owners, however, their last known address is shown on the list of mineral owners "Weld County (1954)". Accordingly, we were unable to send notice to that record owner. Pursuant to Section 24-65.5-103(2)(b),because the records did not identify an address for the Poage's, applicant "shall be deemed to have acted in good faith" and is not obligated to take any further action to notify the Poage's of the Public Hearing. If you have any questions or comments regarding the notice or enclosed mineral list, please feel free to give me a call. Sincerely, Grant, Grant & Goiran LLP Cameron A. Grant llm Enclosure cc: Ms. Margaret Barden Mr. Mark Osborn Newby Farms, LLC Tom Beckmann, Esq. M tw, a eow rr rs .aPeme r 00 4 a� 2006-3252 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Newby) Subject Property: Township 3 North, Range 68 West, 6th P.M., Weld County, CO Sec. 33: S%, except that portion described in deed recorded June 21, 1972 in Book 670 under Rec. No. 1592092 Crews &Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through August 28, 2006. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 13th day of September, 2006. Crews &Zeren, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Newby Farms, LLC Kerr-McGee Oil & Gas Onshore LP 12250 WCR 5 1999 Broadway, Suite 3600 Longmont, CO 80504-9580 Denver, CO 80202 Robert H. & Iola M. Poage Last address: Weld County (1954) Crews eh'Zeren,LW Oil and Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(303)484-2110 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews de Zeren,LLC Oil and Gas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 fax(303)484-2110 • s. .•••• Wallace H.Grant ^ T T /1 T , 'T {36 Office Coffman Street Suite soo Cameron A.Grant GRANT ■t1T lU�lAl11�V1 Post Ohre Box goft Philip A.Goiran RAN Longmont.Colorado 80502-09oft T{�11J \ Suzan D.Fritehel & GO1 lam[ LLP Phone: 3o3.- 6.7100 Brandon C.Shaffer a Ea: 3o3 774 adto Mark Springston ATTORNEYS AT LAW Web: h,.r@-ggla„.tom u Cerri/i ed Public Accountant Web: ....�+.pXl: r.rnnl William J.McCarren Of Counsel September 14, 2006 Via Certified Mail, Return Receipt Requested Newby Farms, LLC Kerr-McGee Oil & Gas Onshore LP 12250 WCR 5 1999 Broadway, Suite 3600 Longmont, CO 80504-9580 Denver, CO 80202 Re: Notification of Surface Development Newby Farms Property Dear Ladies and Gentlemen: Pursuant to Colorado Revised Statute Section 24-65.5-103, you are hereby notified that there will be an initial public hearing regarding an application for the development of real property held on October 17, 2006, at 1:30 P.M., in the Public Hearing Room of the Weld County Planning Department located at 4209 CR 24.5, Longmont, Colorado. Details concerning the public hearing follow: 1. Name of the Applicant: Village Homes of Colorado, Inc., on behalf of the property owner, Newby Farms, L.L.C. 2. Nature of the Hearing: The applicant requests approval to amend the I-25 Mixed Use Development Area (MUD). The amendment request would expand the boundaries of the existing MUD to include approximately 254 acres of additional land, and would impose an MUD, Residential-Mixed Intensity, land use classification on the newly included property. 3. Location of the Property: The subject property consists of two parcels of land zoned A (Agricultural), the Newby Farms property, and is located at 12250 Weld County Road 5, one mile west of Interstate-25 on the northeast corner of Weld County Road 26 and Weld County Road 5. The subject property is legally described as follows: The SE 1/4 of Section 33, Township 3 North, Range 68 West of the 61h Principal Meridian, County of Weld, State of Colorado, except that portion as described in deed recorded on June 21, 1972 at Reception No. 1592092 in Book 670 in the Real Estate Records of Weld County, Colorado. The SW 1/4 of Section 33, Township 3 North, Range 68 West of the 6'11 Principal Meridian, County of Weld, State of Colorado. Sincerely, Grant, Grant & Goiran LLP By Cameron A. Grant cc: Weld County Planning Commission (via Certified Mail) Village Homes of Colorado (Attn: Margaret Barden) Thomas Beckmann, Esq. GLV\VILLMNEMI•ounce eI public llmrins mineml owners 20060914 doc Hello