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Home My WebLink About20063281 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE T 4209 CR 24.5 LONGMONT, COC 8050504 PHONE: (720) 652-4210, Ext. 8730 ' FAX: (720)652-4211 C. COLORADO June 13, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1564 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,August 15,2006, at 1:30 p.m., in the Southwest Weld County Hearing Room,4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Harley& Patricia Troyer FOR: Site Specific Development Plan and Use by Special Review for a business permitted as a use by right or accessory use in the Commercial or Industrial Zone District(Auction yard) in the A(Agricultural) Zone District. LEGAL DESCRIPTION: Pad N2 SE4 of Section 7, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Hwy 85 and south of and adjacent to CR 22.5. 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 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. 2006-3281 SURROUNDING PROPERTY OWNERS CERTIFICATE OF MAILING AND/OR SUBSURFACE ESTATES/INTEREST OWNER I hereby certify that I have placed a true and correct copy of the surrounding property owners USR-1564 and owners and lessees of minerals in accordance with the notification requirements of Weld County SURFACE ESTATE LAND OWNERS in Case Number USR-1564 in the United States Mail, postage prepaid First Class Mail by letter as LATIMER BOHLING addressed on the attached list this 13th day of 10501 CR 25.5 June, 2006. FT LUPTON CO 80621 CANNON LAND CO 3575 CHERRY CREEK NORTH DR DENVER CO 80209 EARL HARRIS Donit May 10447 CR 25.5 FT LUPTON CO 80621 ALFRED HERMAN 10225 CR 25.5 FT LUPTON CO 80621 KUNZMAN FAMILY LLC 10952 HWY 85 FT LUPTON CO 80621 CATHERINE MILLER 12251 CR 22.5 FT LUPTON CO 80621 ROLAND PURIFOY PO BOX 165 FT LUPTON CO 80621 MARGARET SALAMANCA 10254 CR 25.5 FT LUPTON CO 80621 GIB SMITH PO BOX 10 COMMERCE CITY CO 80037 MINERAL OWNERS AND LESSEES JOHNSON FAMILY TRUST 208 SO 21ST PL BRIGHTON CO 80601 KERR-MCGEE OIL & GAS ONSHORE LP 1999 BROADWAY SUITE 3600 DENVER CO 80202 KP KAUFFMAN CO INC 1675 BROADWAY SUITE 1970 DENVER CO 80202 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 130907400033 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 rAis, f the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within SQO_.f I. of_Parcel# 130907400033 NAME I MAILING ADDRESS 1 PARCEL IDENTIFICATION # 10501 RD 25 1/2 BOHLING LATIMER C&NANCY L 130907000030 FT LUPTON,CO 80621 3575 CHERRY CREEK NORTH DR CANNON LAND CO 130908000013 DENVER,CO 80209 3575 CHERRY CREEK NORTH DR ICANNON LAND CO 130907000010 DENVER,CO 80209 10447 RD 25 1/2 HARRIS EARL C JR & LAURIE D 130907000031 FT LUPTON,CO 80621 10225 WELD CO RD#25 112 HERMAN ALFRED 130907000007 FT LUPTON,CO 80621 10952 HWY $5. (UTiZMAN FAMILY LLC 130907000016 FORT LUPTON,CO 80621 12251 COUNTY RD 22 1/2 MILLER CATHERINE S & 130907000003 FT LUPTON,CO 80621 P O BOX 165 DURIFOY ROLAND D 130907000004 FT LUPTON2CO 80621 10254 COUNTY RD 25 1/2 SA tMANCA MARGARET A 130907000009 FORT LUPTON,CO 80621 'tttp://maps.merrick.cornhwebsite/weld/setSgI.asp?cmd=buffer&PIN=130907400033&Par 1=13090700001... 4/10/2006 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 P O BOX 10 SMJTH GIB 130907100032 COMMERCE CITY,CO 80037 http;//maps.merriek.com/website/weldlsetSgl,asp?cmd=buffer&pN 130907400033&Part=1309070001)1... 4/10/200( LIST OF MINERAL OWNERS AND MINERAL LESSEES (Troyer) Subject Property: Township 2 North. Range 66 West, 6th P.M.. Weld County. CO Section 7: A portion of the NYSE%, being more particularly described as follows: Considering the East line of the NE% to bear North 00°12'27" West with all bearings contained herein relative thereto; Beginning at the Northwest corner of the NE%SEA of said Section 7; thence North 88°24'54" East, along the North line of the SY�SE'% of said Section 7, a distance of 624.62 feet to the West right-of-way line of U.S. Highway 85; thence South 06°00'30" East, along said West right-of-way line, a distance of 9.80 feet; thence South 43°16'00" East along said West right-of-way line, a distance of 117.69 feet to the beginning of a curve concave to the East, having a radius of 5840.28 feet, and a central angle of 01°04'49", and being subtended by a chord which bears South 07°46'36" East, a distance of 110.10 feet; thence Southerly along said curve, a distance of 110.11 feet; thence South 08°19'00" East, along said West right-of-way line, a distance of 1120.42 feet to the South line of the North 1/2 of the Southeast 1/4 of said Section 7; thence South 88°36'45" West, along the South line of the North 1/2 of the Southeast 1/4 of said Section 7, a distance of 471.86 feet; thence North 17°27'53" West, a distance of 1370.5.0 feet to the Point of Beginning, 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 May 18, 2006. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 315` day of May, 2006. Crews & Zeren, LLC �! d By: William G. Crews, CPL Certified Professional Landman #3477 Crews eb'Zeren,LIC Oil and Gastle Services P.O. Bot336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 3 Fat(303)484-2110 Mineral Owners: Mineral Leasehold Owners: Johnson Family Trust Kerr-McGee Oil & Gas Onshore LP 208 So. 21st Place 1999 Broadway, Suite 3600 Brighton, CO 80601 Denver, CO 80202 K.P Kauffman Company, Inc. 1675 Broadway, Suite 1970 Denver, CO 80202 Crews e1 Zeren,LLC Oil-and Gas TithServices P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 3 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 eh'Zeren,LLC Oiland Gas Ttke Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 3 of 3 fax(303)484-2110 AUG-09-2006 WED 02:50 PM K. P, KAUFFMAN CO FAX NO. 3038333285 P. 01/01 AUG-09-2006 WED 02'09 PM K P KAUFFMAN FAX N0. 303 825 4825 P, 03 ,kyD. r S Requesting a Special Review to use Agricultural Zone for Consignment Auctions. Part 142 SFA of Section 7,T2N,R66W of the 64 .M.,Weld County,Colorado. Looted on Hwy 85 and CR 22 34. We will waive the 30 day notice and find no conflicts with ow interests. Comments: -40 vl e Signature i _ Date 7 O a KcutPrhoori Co. Inc, muoceay 6sseYsLp"Goan:6906x4•970.785b7Jl2 • „ �,�; Harley D. Troyer Auctioneer crSales!Manager Requesting a Special Review to use Agricultural Zone for Consignment Auctions. Part N2 SE4 of Section 7, T2N, R66W of the 6th P.M., Weld County, Colorado. Located on Hwy 85 and CR 22 %. We will waive the 30 day notice and find no conflicts with our interests. Comments: plc aniha .— SignatureDate J/ i o /,O CP Gam_7rfal s • % � 10910 County Road 28. Ft.Lupton, Colorado 8&21.970.78SG2 2 5-larley D. Troyer Auctioneer etr Saks Manager Requesting a Special Review to use Agricultural Zone for Consignment Auctions. Part N2 SE4 of Section 7, T2N, R66W of the 6th P.M., Weld County, Colorado. Located on Hwy 85 and CR 22 'A. We will waive the 30 day notice and find no conflicts with our interests. Comments: Signaturece--- Date a l 1O1 DC f1 NITA 4' 10910 County Qoad28♦ Ft.Lupton, Colorado 80621♦ 970-785-62821.• p�0IV- 1� Weld County Planning Department SOUTHWEST BUILDING JUL KERB-MCGEE ROCKY MOUNTAIN CORPORAT i 5 2006 1999 BROADWAY,SUITE 3700•DENVER,COLORADO 80202 RECEIVED EI8 ED June 23, 2006 PHONE: 303-296-3600 FAX: 303-296-3601 VIA FACSIMILE AND U.S. MAIL Weld County Dept. of Planning Services Attn: Michelle Martin, Planner 4209 CR 24.5 Longmont, Colorado 80504 Re: Troyer Property— Site Specific Development Plan and Use by Special Review Harley& Patricia Troyer- Applicants Township 2 North, Range 66 West of the 6th P.M. Section 07: N/2SE/4 Weld County, Colorado Dear Ms. Martin, The purpose of this letter is to inform you that Kerr-McGee Rocky Mountain LLC, formerly Kerr-McGee Rocky Mountain Corporation, oil and gas rights may be adversely affected by the Site Specific Development Plan and Use by Special Review currently proposed by Harley & Patricia Troyer. It is our understanding that the public hearing on the Troyer's application is scheduled for Tuesday, August 15, 2006. Kerr-McGee owns interest in the oil and gas leasehold estate in part of Section 07, Township 2 North, Range 66 West. This real property interest, which has been recorded, entitles Kerr-McGee to produce oil and gas from these lands. Kerr-McGee also has the legal right to drill future wells on the Property in accordance with Colorado Oil and Gas Conservation Commission Rule 318A and other applicable law. Kerr-McGee believes that the oil and gas resources underlying the Property have significant value and, therefore, is concerned about any surface use or plan of use that would restrict or preclude the use and enjoyment of these rights. In addition, Kerr-McGee owns easements and rights of way on the Property within which it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care must be taken to insure that uses of the surface estate approved by the County above or near these pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights of use. Kerr-McGee's preferred practice is to meet with and attempt to conclude a mutually acceptable surface use agreement with the surface owners or their agents. Although it is crucial that an agreement be in place prior to the County's approval of the developer's application, as of this date no agreement has been reached and no surface use agreement relating to Kerr-McGee's EXHIBIT 1 Weld County Dept. of Planning Services June 23, 2006 Page 2 right to explore for and produce oil and gas in Section 07, Township 2 North,Range 66 West, is in place. For these reasons, Kerr-McGee objects to any future plat approval or surface development that fails to fully recognize and accommodate Kerr-McGee's access to, and utilization of, its valuable property rights in Section 07, Township 2 North, Range 66 West. Kerr-McGee requests that the County require an executed surface use agreement between the surface owner and the mineral owners prior to final plat approval as a condition of this application. Moreover, any future plans should incorporate and designate those lands to be set aside for mineral development and expressly address what measures will be taken to protect Kerr-McGee's current and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. Please contact me at 720-264-2642 if you have any questions or comments about this matter. Kerr-McGee hopes to conclude a mutually acceptable surface use agreement with the surface owner of the Property and looks forward to cooperating with the County to accomplish its land use planning goals. r Sincerely, Kerr-McGee Rocky Mountain C Terry D. E Landman :peci ist cc: Harley& Patricia Troyer, Applicants (by facsimile and U.S. mail) Joseph H. Lorenzo—Kerr-McGee Rocky Mountain LLC Joseph Sanchez—Kerr-McGee Gathering LLC Weld County Planning Department SOUTHWEST BUILDING �1JAUG 1 4 2006 KerrA tGee RECEIVED Kerr-McGee Oil 8 Gas OnShore LP 1999 Broadway,Suite 3700,Denver,Colorado 80202 August 9, 2006 303-296-3600•Fax 303-296-3601 a VIA FACSIMILE AND U.S. MAIL Weld County Dept. of Planning Services Attn: Michelle Martin, Planner 4209 CR 24.5 Longmont, Colorado 80504 Re: Troyer Property—Site Specific Development Plan and Use by Special Review Harley& Patricia Troyer- Applicants Township 2 North, Range 66 West of the 6th P.M. Section 07: N/2SE/4 Weld County, Colorado Dear Ms. Martin, ,r^ The purpose of this letter is to inform you that Kerr-McGee Oil & Gas Onshore LP after further review of the Troyer's application for a Site Specific Development Plan and Use by Special Review; Kerr-McGee fully acknowledges and supports the development. Please contact me at 720-264-2628 if you have any questions of comments about this matter. Thank you for cooperation and consideration. Sincerely, Kerr-McGee Oil & Gas Onshore LP Terry D. E g t Landman • .ecia'st cc: Harley& Patricia Troyer, Applicants (by facsimile and U.S. mail) Joseph H. Lorenzo—Kerr-McGee Rocky Mountain LLC Joseph Sanchez—Kerr-McGee Gathering LLC Hello