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HomeMy WebLinkAbout20060257.tiff DEPARTMENT OF PLANNING SERVICES Q NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100100, Ex t. 3540 FAX: (970) 304-6498 ' SOUTHWEST OFFICE O4209, R 4 LONGMONT, CO 80504 PHONE: (720) 6524210, Ext. 8730 COLORADO FAX: (720) 652-4211 September 28, 2005 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: PZ-1095 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,December 6,2005, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Sonja Stonestreet FOR: PUD Sketch Plan for Nine (9) Residential Lots (Waterford Hill PUD). LEGAL DESCRIPTION: Pt of Lot 2 of RE-2690; pt SE4 of Section 31, T8N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: 1/2 mile north of CR 86 and west of and adjacent to CR 15. 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 Sheri Lockman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th 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. 2006-0257 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number PZ-1095 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 28th day of September, 2005 D Y+ U Voneen Macklin Recording Secretary for Planning Commission PROPERTY OWNERS OF INTEREST MINERAL INTEREST OWNERS REMMENGA ELMER HEIRS ANADARKO 42515 CR 15 1400 DOUGLAS STREET FORT COLLINS CO 80521 MAIL STOP 1690 OMAHA, NE 68179 ANHUESER BUSCH C/O CORP. TAX DEPT ST. LOUIS MO 63118-1849 DENNEY RANDOLPH & RUTH 6501 WCR 86 FORT COLLINS CO 80524 BICKLES WINDY ACRES 6600 WCR 88 FORT COLLINS CO 80524 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: a portion of Lot 2 Recorded Exemption 0555-31-4-RE-2690 of the South ''%of the southeast%and the Northeast 34 of the Southeast'/,of Section 31, Township 8 North, Range 67 West of the 6th P.M., according to the Map recorded May 8, 2000 at Reception No. 2766550 of the Weld County records, County of Weld, State of Colorado. Parcel Number 0555-31-0-00-048 (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, 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 r Department y of Planning Services. BY: { 1"tl k -tt Ob 'L i • Title: E 1ir,V)1'1 of The foregoing instrument was subscribed and sworn to me this R s f day of l'i)O/77/14#<.— . WITNESS m y hand and official seal. My Commission Expires: 'irk—/16,) C,! /CA otaty P tl lic WATERSHED P.U.D. WELD COUNTY, COLORADO SURROUNDING PROPERTY OWNERS Parcel No. 0555-31-000-013 Heirs of Elmer E. Remmenga 42515 County Road 15 Fort Collins, CO 80521 Parcel No. 0555-32-000-047 Anheuser-Busch, Inc. C/O Corporate Tax Department St. Louis, MO 63118-1849 Parcel No. 0555-31-000-023 Randolph N. & Ruth R. Denney 6501 Weld County Road 86 Fort Collins, CO 80524 Parcel No. 055-31-000-046 Bickles Windy Acres 6600 Weld County Road 88 Fort Collins, CO 80524 Recorded Exemption 4051 Elmer E. & Shirley Remmenga 42515 County Road 15 Fort Collins, CO 80521 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: a portion of Lot 2 Recorded Exemption 0555-31-4-RE-2690 of the South %of the southeast%and the Northeast%of the Southeast %C of Section 31, Township 8 North, Range 67 West of the 6Th P.M., according to the Map recorded May 8, 2000 at Reception No. 2766550 of the Weld County records, County of Weld, State of Colorado. Parcel Number 0555-31-0-00-048 (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 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 through 1 By: QQ Title:M///`�J //✓ 34 57- 441 goy 6HT Fob ttdN 6< The foregoing instrument was subscribed and sworn to me this (57)/ day of207,..2/l2,,'ir_ WITNESS m y hand and official seal. My Commission Expires: ‘-/D /U N tafy Public . .� WATERFORD HILL P.U.D. WELD COUNTY, COLORADO MINERAL AND/OR SUBSURFACE OWNERS Anadarko (formerly Union Pacific Railroad Company) 1400 Douglas Street Mail Stop 1690 Omaha,NE 68179 LILEY, ROGERS & MARTELL, LLC • r� ATTORNEYS AT LAW Weld County Planning Department November 23, 2005 GREELEY OFFICE DEC 2 0 2005 Ms. Sheri Lockman RECEIVED Department of Planning Services 918 10th Street Greeley, CO 80631 Re: PZ-1095, Waterford Hill PUD Dear Sheri: Enclosed please find a copy of the letter that we sent to Anadarko concerning the minerals on Waterford Hill PUD. I have also enclosed a Certificate of Mailing signed by my legal assistant. Finally, I have enclosed a copy of the statute that provides we may send the notice by regular mail and provide a Certificate of Mailing to you. If you should have questions with regard to this matter, please do not hesitate to call me. I hope to have the Homeowners Association documents to you prior to the Planning Commission meeting. If there is anything else that you will need, please do not hesitate to call me. Thank you. Sincerely, AiYY.` ' ' Q es A. Martell O1CC JAM bkr cc: Mr. Marvin A. Barstow LUCIA A. LILEY • JAMES A. MARTELL • TODD W. ROGERS THE PETER ANDERSON HOUSE s 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521 TELEPHONE:(970)221-4455 • FAX:(970)221-4242 LILEY, ROGERS & MARTELL, LLC ATTORNEYS AT LAW November 28, 2005 VIA FIRST CLASS MAIL Anadarko E&P Company, LP Anadarko Land Corp. P.O. Box 1330 Houston, Texas 77251-1330 Anadarko 1400 Douglas Street Mail Stop 1690 Omaha, NE 68179 Re: Waterford Hill PUD Ladies and Gentlemen: Pursuant to C.R.S. § 24-65.5-103(1), notice is hereby given to you as the mineral estate owner of the initial public hearing by a local government on the following described Application for Development: Legal Description of Property: Lot 2 Recorded Exemption 0555-31-4-RE-2690 of the South 1/2 of the Southeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of Section 31, Township 8 North, Range 67 West of the 6th P.M., according to the Map recorded May 8, 2000, at Reception No. 2766550 of the Weld County records, County of Weld, State of Colorado. Record Owner of the Property: Sonja Craighead, f/k/a Sonja Stonestreet, f/k/a Sonja Rose, 5429 E. County Road 58, Fort Collins, CO 80524. Agent for Owner: Marvin A. Barstow, 1719 E. Mulberry, Fort Collins, CO 80524. Time and Place of Initial Public Hearing: January 3, 2006 at 1:30 p.m., Weld County Planning and Zoning, 918 10th Street, Greeley, CO 80631. Nature of Hearing: The hearing will be held before the Weld County Planning Commission on the Owner's application for approval of a recorded exemption to divide LUCIA A. LILEY • JAMES A. MARTELL F. TODD W. ROGERS THE PETER ANDERSON HOUSE 300 SOUTH HOWES STREET ' FORT COLLINS, COLORADO 80571 TELEPHONE: (970)221-4455 FAX: (970)221-4242 Anadarko E&P Company, LP Anadarko Land Corp. Anadarko November 28, 2005 Page 2 the property into two parcels and a subdivision plat to divide one of the two parcels into nine residential lots. If you should have questions with regard to this matter, please do not hesitate to call me. Thank you. Sincerely, �n /r� a,a, James A. Martell JAM:bkr cc: Ms. Molly Sommerville (via Facsimile and First Class Mail) Woodrow & Sobel, P.C. 1660 Wynkoop Street, Suite 1100 Denver, CO 80202 r CERTIFICATE OF MAILING The undersigned hereby certifies that on this 28'h day of November, 2005, a true and correct copy of the foregoing notice was placed in the United States mail, postage prepaid, addressed to: Anadarko E&P Company, LP Anadarko Land Corp. P.O. Box 1330 Houston, Texas 77251-1330 Anadarko 1400 Douglas Street Mail Stop 1690 Omaha, NE 68179 Molly Sommerville Woodrow & Sobel, P.C. 1660 Wynkoop Street, #1100 Denver, CO 80202 Title 24-page 1103 Notification of Surface Development 24-65.5-103 (5) "Mineral estate owner' means the owner or lessee of a mineral estate unuemeath 1 § = a surface estate that is subject to an application for development. (6) "Surface estate means an interest in real property that is less than full fee title and • - that does not include mineral rights as shown by the real estate records of the county in which the real property is situated. (7) "Surface owner means the owner of the surface estate and any person with rights under a recorded contract to purchase all or part of the surface estate. Source:L. 2001:Entire article added,p.486,§ 2,effective July 1.L. 2002:(2)and(4) 44 amended, p. 891, § 1, effective August 7. L. 2003: (2) amended, p. 3, § 1, effective February 26. a 24-65.5-103. Notice requirements. (1) Not less than thirty days before the date 1. 4. scheduled for the initial public hearing by a local government on an application for development, the applicant shall send notice, by first class mail, to: .,' '' (a) The mineral estate owner. Such notice shall contain 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. (b) The local government considering the application for development. Such notice shall contain the name and address of the mineral estate owner. (1.5) If an applicant files more than one application for development for the same new surface development with a local government, the applicant shall only be required to send notice pursuant to subsection (1) of this section of the initial public hearing scheduled for the first application for development to be considered by the local government. Local • governments shall,pursuant to section 24-6-402 (7),provide notice of subsequent hearings to mineral estate owners who register for such notification. ; (2) (a) The applicant shall identify the mineral estate owner by examining the records ."' in the office of the county clerk and recorder of the county in which the real property is located.Notice shall be sent to the last-known address of record of the mineral estate owner x` if the records in the office of the county clerk and recorder establish: (I) The identity and address of record of the owner of the mineral estate; or (II) That an applicable request for notification form pursuant to subsection (3) of this section is of record; or """`° ,; (III) That the mineral estate owner has recorded an instrument satisfying any applicable dormant mineral interest act. i' (b) If such records do not identify any mineral estate owners,including their addresses of record,the applicant shall be deemed to have acted in good faith and shall not be subject o-t to further obligations under this article. The applicant shall not be liable for any errors or • omissions in such records. (3) A mineral estate owner or mineral estate owner's agent may file in the office of the county clerk and recorder of the county in which the real property is located a request for notification form that identifies the mineral estate owner's mineral estate and the cone- ,-'• sponding surface estate by parcel number and by section,township,and range numbers.The x clerk and recorder shall file request for notification forms in the real estate records for the = county and shall also keep an index of request for notification forms. (4) Local governments shall, as a condition of approval of an application for develop- ment, require the applicant to certify that notice has been provided to the mineral estate owner pursuant to subsection (1) of this section. (5) A mineral estate owner may waive the right to notice under this section in writing to the applicant. hx ! (6) Before completing the sale of a mineral estate, a mineral estate owner who has j_ L received notice as the owner of the mineral estate of a public hearing with respect to an ,.x application for development pursuant to this section shall notify the buyer of the mineral estate of the existence of the application for development. Source: L. 2001: Entire article added, p. 487, § 2,effective July 1. L. 2002: (1.5)and :a. (6) added and IP(2)(a), (2)O1(1), and (2)(b) amended, p. 892, § 2, effective August 7. ! u • cap- PY1)1-tril'i , � Sheri Lockman ,kA/ ��f^� December 28, 2005 (1 �)� 0 Paget k� ►" C. • Notices of hearings should be provided by the County to the Anadarko entities pursaunt to C.R.S. § 24-6-402(7) as follows: _-- = Anadarko E&P Company LP • Post Office Box 9149 Houston, Texas 77387-9147 Attention: Land Manager—Western Division/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager,Property and Rights-of-Way / As always, thank you for your consideration and attention to this matter/ Very truly yours, WOODROW& SOBEL, P.C. Molly Sommerville MS/sa Enclosure cc: Tom Marranzino Dan Casper Don Ballard Maria Jones, Esq. Jim Martell. Esq. /for Sonja Stonestreet Hello