HomeMy WebLinkAbout20052667.tiff DEPARTMENT OF PLANNING SERVICES
4cf(er, NORTH OFFICE
918 10TH Street
GREELEY, 80631
i-- PHONE: (970) 353-61010 0, Ext. 3540
FAX: (970)304-6498
DI SOUTHWEST OFFICE
O 4209, COR 4
LONGMONT, C 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
COLORADO
May 16, 2005
NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS
CASE NUMBER: PZ-1066
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 2, 2005,
at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado
concerning the request of:
NAME: Mikal Torgerson
FOR: Change of Zone from A (Agriculture) to PUD for 9 lots with E (Estate)Zone Uses along with 28.4
acres of open space.
LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29.
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 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.
2005-2667
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case
Number PZ-1066 was placed in the United States Mail, first class mail, postage prepaid, addressed to the
following properties. 1 ,
Dated the 16'" day of May, 2005 \j OM)L I �
Voneen Macklin
Recording Secretary for Planning Commission
SURROUNDING PROPERTY OWNERS MINERAL INTEREST OWNERS
COLORADO ELK RANCH TORGERSON MIKAL
PO BOX 158 1223 N COLLEGE AVE
TIMNATH CO 80547 FORT COLLINS CO 80524
FAITH TABERNACLE BAIAMONTE PAUL
13688 CR 88 42215 CR 29
PIERCE CO 80650 PIERCE CO 80650
HABEL BARRY
42215 CR 29
PIERCE CO 80650
LARSON DOUGLAS & PATRICIA
13784 CR 86
EATON CO 80615
MILLER JERRY
13651 CR 82
EATON CO 80615
PERDEW DANNY
13248 CR 72
GREELEY CO 80631
PIERCE LAND &WATER
2815 E HARMONY RD
FORT COLLINS CO 80528
ROYALS MICHAEL
42501 CR 29
PIERCE CO 80650
TOMASOVICH FRANK
13346 CR 86
PIERCE CO 80650
TORGERSON MIKAL
1223 N. COLLEGE AVE
FORT COLLINS CO 80524
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 055332000038
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 County Assessor was
assembled within thirty days of the application's submission date.
Signature
0 5/0?4,
Date
Property Owners Within 500 ft. of Parcel# 055332000038
NAME I MAILING ADDRESS 'PARCEL IDENTIFICATION#
P O BOX 158
COLORADO ELK RANCH LLLP 070705100046
TIMNATH,CO 80547
PO BOX 158
COLORADO ELK RANCH LLLP 070705100047
TIMNATH,CO 80547
13688 COUNTY RD 88
FAITH TABERNACLE CHURCH INC 055332000043
PIERCE,CO 80650
42215 COUNTY RD 29
HABEL BARRY F & 055332000046
PIERCE,CO 80650
13784 COUNTY RD 86
LARSON DOUGLAS L &PATRICIA A 070705000042
EATON,CO 80615
13651 WELD CO RD 86
MILLER JERRY J& 055332000037
PIERCE,CO 80650
13248 COUNTY RD 72
PERDEW DANNY A& 070705000043
GREELEY,CO 80631
2815 E HARMONY RD
PIERCE LAND WATER LLC 055332100049
FORT COLLINS,CO 80528
PIERCE LAND WATER LLC 2815 E HARMONY RD 055332000047
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=05533200003 8&Parl... 4/29/2005
AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2
FORT COLLINS,CO 80528
42501 COUNTY RD 29
ROYALS MICHAEL A 055332100048
PIERCE,CO 80650
13346 COUNTY RD 86
TOMASOVICH FRANK 070705000039
PIERCE,CO 80650
1223 N COLLEGE
TORGERSON MIKAL 055332000041
FORT COLLINS,CO 80524
http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=055332000038&Par 1... 4/29/2005
CERTIFICATION REGARDING MINERAL ESTATE OWNERS
Pursuant to C.R.S. Section 24-65.5-103(1), the undersigned hereby certifies to the
Board of County Commissioners of Weld County, that the names and addresses of the
mineral estate owners as shown by the records in the office of the Clerk and Recorder of
Weld County, Colorado, of the following-described property:
Parcel 1:
Lot B, Recorded Exemption No. 0553-32-4-RE2681 recorded June 27,
2000 at Reception No. 2777096, being a part of the SE1/4 of Section 32,
Township 8 North, Range 66 West of the 6`h P.M., County of Weld, State
of Colorado.
Parcel 2:
A parcel of land situate in the South half of Section 32, Township 8 North,
Range 66 West, of the 6°i P.M., being more particularly described as
follows: Considering the South line of said Section 32 as bearing South
90°00'00" West, and with all bearings contained herein relative thereto;
Commencing at the Southeast corner of said Section 32, thence along said
South line South 90°00'00" West 2698.30 feet to the True Point of
Beginning of this description; thence continuing along the South line, South
90°00'00" West 1125.47 feet; thence North 00°19'13" East 449.35 feet;
thence South 90°00'00" West 150.00 feet;
thence North 00°19'13" East 2197.96 feet to a point on the North line of
said South half of Section 32;
thence along said North line, North 89°49'00" East 1560.28 feet;
thence South 12°45'36" West 1356.44 feet;
thence South 00°00'00" West 1329.32 feet to the True Point of Beginning,
County of Weld,
State of Colorado.
Dated this !'7th day of December, 2004.
LILEY, ROGERS & MARTELL, LLC
BY: � A
mes A. Martell, #8390
he Peter Anderson House
300 South Howes Street
Fort Collins, Colorado 80521
(970) 221-4455
EXHIBIT A
Name and Address of Mineral Estate Owner
Mikal S. Torgerson
223 North College Avenue
Fort Collins, Colorado 80524
Paul Baiamonte
42215 Weld County Road 29
Pierce, Colorado 80650
AGREEMENT
THIS AGREEMENT, is made and entered into this g-7 day of May, 2005,by
and between MIICAL TORGERSON ("Torgerson")and PAUL BAIAMONTE
("Baiamonte").
WITNESSETH:
WHEREAS, Torgerson owns the real property which is legally described on
Exhibit"A" attached hereto and incorporated herein by reference (the"Property"); and
WHEREAS,Baiamonte reserved one-half(1/2)of the oil, gas, and other minerals
in, on, under, or that may be produced from the Property, together with the right of
ingress and egress necessary to explore for, mine, and remove such oil, gas, and other
minerals (the "Baiamonte Minerals"), and
WHEREAS, Baiamonte has not sold,transferred, conveyed, or assigned any of
the Baiamonte Minerals to any other person or entity; and
WHEREAS, Torgerson intends to develop the Property as a residential
subdivision.
NOW, THEREFORE, in consideration of the mutual premises and covenants
herein contained, and other good and valuable consideration,the receipt and adequacy of
which are hereby confessed and acknowledged, the parties hereto agree as follows:
1. Provided the density does not exceed nine(9) residential lots, Baiamonte will
not, directly or indirectly, publicly or privately, express any concerns,
objections, or opposition to any application which Torgerson may submit to
any governmental authority requesting approval of a residential subdivision
plan for the Property,
2. Torgerson will not, directly or indirectly, publicly or privately, express any
concerns, objections, or opposition to any application which Baiamonte may
submit to any governmental authority requesting approval to explore for,
mine, and remove oil, gas, or other minerals from the Property.
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
MIKAL TORGERSON
"Torgerson"
PAUL BAIAMONTE /\
"Baiamonte"
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
+N
The foregoing instrument was acknowledged before me this I VS— day of May,
2005, by MIKAL TORGERSON.
WITNESS my,hand and official seal.
My commission expires: (0/25/
,M( kit 61.PA.frETh
Public
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this d 1'% day of May,
2005, by P=,.,., , :AIAMONTE.
OTIVTI ESS.%y': . d and official seal.
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Notary Public
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