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Home My WebLink About20051629.tiff DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 91Y10Street GREELEY, O 3541631 PHONE: (970) 353-6100100, Ex t. 3540 FAX: (970) 304-6498 I SOUTHWEST OFFICE O 4209 CR LONGMONT, COC 80504 PHONE: (720) 652-4210, Ext. 8730 COLORADO FAX: (720)652-4211 March 8, 2005 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: 3AmUSR-996 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 3, 2005, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Marcus Midstream 1995-2 Business Trust FOR: A Site Specific Development Plan and Special Review for an Oil and Gas Support Facility(Brinewater Disposal) in the A(Agricultural)Zone District LEGAL DESCRIPTION: SE4 of Section 8m T4N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53. 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 Kim Ogle, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 109' 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. 2005-1629 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER CERTIFICATE OF MAILING DEVOE PO BOX 299 I hereby certify that I have placed a true and KERSEY CO 80644 correct copy of the surrounding property owners and owners and lessees of minerals in accordance GEHRING with the notification requirements of Weld County 209 CROWN POINT DR in Case Number 3AMUSR-996 in the United BELLEVUE CO 80512 States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 9TH day GRUBER of MARCH, 2005. 25562 CR 46 KERSEY CO 80644JOHNSON v l 26655 CR 46 v'CAD KERSEY CO 80644 Voneen Macklin KEMPEMA'-. 22201 CR 53 KERSEY CO 80644 LEY . 22150CR53 KERSEY CO 80644 MORtAH , . 25562 CR 46' KERSEY CO 80644 OSTER • 22243 CR 53 KERSEY CO 80644 SCHRADER" 21836tR 53 KERSEY CO 80644 TUTTLE 21944 CR-53 ' KERSEY CO 80644 HEISER 2700 C STREET APT 93 D'ist_EY CO 80631 MIDSTREAM 1675 BROADWAY STE2200 DENVER CO 80202 PATINA 1625 BROADWAY §TE 2000 DENVER CO 80202 AFFIDAVIT OF INTERESTED LANDOWNERS-SURFACE ESTATE STATE OF COLORADO ) ) ss. COUNTY OF WELD WILLIAM G. CREWS ("Affiant"), of lawful age, having been first duly sworn upon his oath, deposes and states that: 1. Affiant is a Certified Professional Landman (CPL) and maintains an office at 1610 29th Ave. Place, Suite 100, Greeley, CO 80634. 2. the list, below, 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 (Parcel Number 105308000033). 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 as to content from the original. This list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. 105309000038 DEVOE ROBERT B 105317000022 PO BOX 299 MORIAH HOLSTEINS LLC KERSEY,CO 80644-0299 25562 WELD CO RD 46 KERSEY,CO 80644 105308000048 GEHRING LOREN D & JOAN K 105308000010 209 CROWN POINT DR OSTER DUANE FLOYD & ELOIS L BELLEVUE,CO 80512 22243 WCR 53 KERSEY,CO 80644 105317000017 GRUBER DAVID K & 105316000025 25562 COUNTY RD 46 SCHRADER STANLEY D & JUDY E KERSEY,CO 80644 21836 WELD CO RD 53 KERSEY,CO 80644 105309000041 JOHNSON-ALTER REGINIA LYNN 105316000042 26655 COUNTY ROAD 46 TUTTLE ROCHELLE L KERSEY,CO 80644 21944 WELD CO RD 53 KERSEY,CO 80644 105308000025 KEMPEMA LLOYD D & MARCINE H 22201 WCR 53 KERSEY,CO 80644 105309000030 LEY JAROD E & NICOLE K 22150 COUNTY ROAD 53 KERSEY,CO 80644 Further Affiant sayeth not. William G. Crews Subscribed and sworn to before me this 28'" day of February,�220005. My commission expires: �..E1 {t�t/S� 11.4et .i 21:ZOOS U Notary Public LIST OF MINERAL OWNERS AND MINERAL LESSEES (Kersey Site) Subject Property: Township 4 North, Range 64 West, 6th P.M., Weld County, CO Section 8: A tract in the SE% lying South of the Southerly right-of-way of the Gilmore Canal as described in Book 262, Page 118, recorded December 23, 1911, described as follows: Beginning at the SE corner of said Sec. 8 and considering the E. line of said SE%to bear N. 00°00'00" E, and with all other bearings herein relative thereto; thence N. 00°00'00" E., 697.64 feet along the E. line to a point on the Southerly ROW line of said Gilmore Canal, said Southerly ROW line lying 25 feet Southerly as measured at right angles from the described center of said canal; thence along said Southerly ROW line by the following 7 courses: S. 66°02'00 W., 83.51 feet; S. 86°59'00" W., 199.75 feet' S. 64°56'00 W., 196.31 feet N. 87°18'00"W., 185.43 feet; S. 66°48'00" W., 83.06 feet; S. 39°00'00"W., 258.88 feet; S. 16°40'00"W., 366.73 feet to the S. line of said SE%; thence N. 89°37'25" E., 983.29 feet along said S. line 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 posted through February 15, 2005. A photocopy or facsimile of this list shall for all purposes be as valid as the original hereof. Dated this 28th day of February, 2005. MINCO LLC • By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Arthur and Floella P. Heiser Patina Oil & Gas Corporation 2700 C Street, Apt. 93 1625 Broadway, Suite 2000 Greeley, CO 80631 Denver, CO 80202 Marcum Midstream 1995-2 Business Trust, 1675 Broadway, Suite 2200 Denver, CO 80202 Crews dr'Zeren,LLC MineralTtle Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 "— 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 C"Zeren,LLC Mineral Titk Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(970)351-0867 wer i c ,, March 30, 2005 • Weld County Planning Department 918 10`h Street Greeley, CO 80631 RE: Notification of Mineral Estate Owners Conquest 3AmUSR-996 Amendment Application Ladies and Gentlemen: This is to certify that on March 30, 2005, I personally mailed, via first class mail, a Notice of Public Hearing for the Weld County Planning Commission meeting on May 3, 2005, to each of the parties shown below. I also hereby certify that the parties set forth below are all of the Mineral Estate Owners (as such are defined in CRS §24-65.5-103) beneath the involved portion of Section 8, Township 4 North, Range 64 West of the 6`h P.M., as reflected in the real property records in the office of the Weld County Clerk and Recorder. Mineral Owners: Mineral Leasehold Owners: Arthur and Floella P. Heiser Patina Oil &Gas Corporation 2700 C Street,Apt, 93 1625 Broadway, Suite 2000 Greeley, CO 80631 Denver, CO 80202 Marcum Midstream 1995-2 Business Trust 303 E. 17t Ave., Suite 660 Denver, CO 80203 Copies of the notices are enclosed. If you have any questions, please let me know. Very truly yours, CONQUEST OIL COMPANY IOU C Raenell I. Chrisman, Secretary enclosures 1610 29th Avenue Place • Suite 200 • Greeley, CO 80634 • 970-356-5560 March 30, 2005 CQNTairr Marcum Midstream 1995-2 Business Trust., c, . 303 E. 17th Ave., Suite 660 ,,c Denver, CO 80203 RE: Notice of Public Hearing Ladies and Gentlemen: Pursuant to the applicable ordinances of Weld County, Colorado, and the applicable statutes of the State of Colorado, notice is hereby given to you, as a Mineral Estate Owner(as such is defined in CRS §24-65.5-103, adopted as part of H.B.01-1088), under the proposed Amended Use by Special Review (3AmUSR-996) involving a parcel of land described as part of the SE/4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado, that the Weld County Planning Commission will consider the application for an Amended Use by Special Review at the meeting of the Weld County Planning Commission on Tuesday, May 3, 2005, at 1 :30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th St., Greeley, Colorado. Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, 1610 29th Avenue Place, Suite 200, Greeley, Colorado, - (970) 356- 5560 - is the applicant. Sincerely, CONQUEST OIL COMPANY, Operator ja.4„ale of Raenell I. Chrisman Secretary cc: Weld County Planning Department 1610 29th Avenue Place • Suite 200 • Greeley, CO 80634 . 970-356-5560 March 30, 2005 caNairif Arthur and Floella P. Heiser 2700 C Street, Apt. 93 r Greeley,.CO 80631 RE: Notice of Public Hearing Dear Mr. And Mrs. Heiser: Pursuant to the applicable ordinances of Weld County, Colorado, and the applicable statutes of the State of Colorado, notice is hereby given to you, as a Mineral Estate Owner(as such is defined in CRS §24-65.5-103, adopted as part of H.B.01-1088), under the proposed Amended Use by Special Review (3AmUSR-996) involving a parcel of land described as part of the SE/4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado, that the Weld County Planning Commission will consider the application for an Amended Use by Special Review at the meeting of the Weld County Planning Commission on Tuesday, May 3, 2005, at 1 :30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th St., Greeley, Colorado. Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, 1610 29th Avenue Place, Suite 200, Greeley, Colorado, - (970) 356- 5560 - is the applicant. Sincerely, CONQUEST� OIL COMPANY, Operator i � Raenell I. Chrisman Secretary cc: Weld County Planning Department 1610 29th Avenue Place • Suite 200 • Greeley, CO 80634 . 970-356-5560 March 30, 2005 caNtirr Patina Oil and Gas Corporation 1625 Broadway, Suite 2000 Denver, CO 80202 RE: Notice of Public Hearing Ladies and Gentlemen: Pursuant to the applicable ordinances of Weld County, Colorado, and the applicable statutes of the State of Colorado, notice is hereby given to you, as a Mineral Estate Owner (as such is defined in CRS §24-65.5-103, adopted as part of H.B.01-1088), under the proposed Amended Use by Special Review (3AmUSR-996) involving a parcel of land described as part of the SE/4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado, that the Weld County Planning Commission will consider the application for an Amended Use by Special Review at the meeting of the Weld County Planning Commission on Tuesday, May 3, 2005, at 1 :30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th St., Greeley, Colorado. Marcum Midstream 1995-2 Business Trust, dba Conquest Disposal Service, 1610 29`h Avenue Place, Suite 200, Greeley, Colorado, - (970) 356- 5560 - is the applicant. Sincerely, CONQUEST OIL COMPANY, Operator Cia 9 Raenell I. Chrisman Secretary cc: Weld County Planning Department 1610 29th Avenue Place • Suite 200 • Greeley, CO 80634 . 970-356-5560 Hello