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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
' FAX (970) 304-6498
111 C
918 10th Street GREELEY, COLORADO 80631
COLORADO
December 14, 2004
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: MZ-1069
There will be a Public Hearing before the Weld County Planning Commission on Tuesday,February 15,2005,
at 1:30 p.m., in the Hearing Room, Weld County Planning Department,4209 CR 24 1/2, Longmont, Colorado
concerning the request of:
NAME: David & Susanne Schwind
FOR: Minor Subdivision Change of Zone for The Highlands from (A) Agriculture to Estate Zoning for 4
residential lots
LEGAL DESCRIPTION: Lot A of RE-2651;Pt NW4 of Section 4,T3N, R68W of the 6th P.M.,Weld County,
Colorado.
LOCATION: East of and adjacent to CR 5 and south of and adjacent to CR 38.
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
Jacqueline Hatch, Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 918 10'"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.
2005-0964
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNER
BANG A WAY
17629 CR 5
BERTHOUD CO 80513
BRUNELLE
17550 CR 5
BERTHOUD CO 80513
SAWDEY
EY
17890 CR 5
BERTHOUD CO 80513
WAGNER
17890 CR 5
BERTHOUD CO 80513
WELD CO INVEST
CAPITAL AG PROP
PO BOX 340
GREELEY CO 80632
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and
lessees of minerals in accordance with the notification requirements of Weld County in Case Number MZ-
1069 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list
this 141h day of DECEMBER, 2004. 1 l
Voneen Macklin
SENDER: COMPLETE THIS SECTION C/MPLETE THIS SECTI/N /N /ELIVE•Y
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. O Agent
X■ Print your name and address on the reverse �`k �_ / [Z p1G1 O Agent Addressee
So that we can return the card to you. B. Received by(Printed Name) C. Dat of D livery
• Attach this card to the back of the mailpiece, �' `( ,\ ?�/7lay
or on the front if space permits. LJ
1. Article Addressed to: D. Is delivery address different from item 1? O Yes
if YES,enter derwery address below: O No
TOWN OF MEAD
PO BOX 626
MEAD CO 80542 3. Service Type
VI-Certified Mail O Express Mail
O Registered O Return Receipt for Merchandise
O Insured Mail O C.O.D.
3N- D'1Z-rC 4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(transfer from service label) tCf) C5.g) 001,E)) CAC:3 3'7(j
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 1
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120704000046
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 Cou Assessor w
assembled within thirty days of the application's submission date. C%
LIO
Signature a. to1
Property Owners Within 500 ft, of Parcel# 120704000046
NAME MAILING ADDRESS PARCEL
IDENTIFICATION#
17629 WELD CO RD 5
BANG-A-WAY INC 120705000061
BERTHOUD,CO 80513
BRUNELLE JAMES E& PATRICIA 17550 WELD CO RD 5
L 120704000030
BERTHOUD,CO 80513
SAWDEY HAROLD FRANK & 1785 WCR 38
SANDRA LEA 106132000065
BERTHOUD,CO 80513
WAGNER MELINDA KAY(68% 17890 WELD CO RD 5
& 120704000047
INT) BERTHOUD,CO 80513
C/O CAPITAL AG PROPERTY
WELD COUNTY LAND SERVICES 106133000002
INVESTORS INC P O BOX 340
GREELEY,CO 80632-0340
http://maps.nierri ck.com/web site/weld/setS gl.asp?cmd=buffer&PIN=120704000046&Par... 10/21/2004
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r - December 9, 2004
I certify that David and Susanne Schwind owns all the mineral rights for the property
described as Weld County Recorded Exemption# 1207-4-2-RE2651. There are no wells,
pipe lines or mineral leases on the subject property.
A Commitment for Title Insurance Schedule B is attached.
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David Schwind
Commitment No. CWLM0000087
SCHEDULE B - SECTION 2
EXCEPTIONS
The Policy or Policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts
which a correct survey and inspection of the premises would disclose and which are not shown
by the public records.
4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this Commitment.
Note: The above exception will not appear on policies where closing and settlement has been
performed by the Company.
6. Any and all unredeemed tax sales, if any.
Note: Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open
tax sales, the above exception will not appear on the policy to be issued hereunder.
7. Terms, conditions, provisions and obligations as shown in Agreement between Sorin C. mead,
E.C. Mead and Eli S. Evans recorded in Book 97 at Page 429.
8. The right of access to any and all ditches, flumes or laterals as granted to Marion S. Terry in
Deed recorded in Book 114 at Page 258.
9. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S.
Patent recorded in Book 333 at Page 45.
10. Reservations as shown in instrument recorded in Book 123 at Page 279.
11. Right of Way for the Ish Ditch, insofar, as the same may affect subject property.
12. Rights of Way, Easements, Notes and Right to Farm Covenant as shown on Recorded
Exemption No. 1207-4-2-RE556 recorded August 11, 1982 as Reception No. 1900197 and
Recorded Exemption Map No. 1207-4-2-RE2651 recorded March 13, 2000 at Reception No.
2755201.
13. Terms, conditions, provisions and obligations of Irrigation Pump Agreement recorded March
24, 2000 as Reception No. 2757471. This agreement shall run with the land.
14. Deed of Trust from David C. Schwind and Susanne H. Schwind to the Public Trustee of the
County of Weld for the use of Bank of America, N.A. to secure $53,500.00, dated May 21,
2001 and recorded May 30, 2001 at Reception No. 2852418.
The Owner's Policy of title insurance committed for in this Commitment, if any, shall contain,
in addition to the items set forth in Schedule B, the following items:
(a) The Deed of Trust, if any, required under Schedule A.
(b) Unpatented Mining Claims; Reservations or exceptions in patents or in Acts authorizing
the issuance thereof.
(c) Any and all unpaid taxes, assessments and unredeemed tax sales.
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