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Home My WebLink About20051691.tiff DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10`" Street C. GREELEY, COLORADO 80631 COLORADO January 31, 2005 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1501 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, April 5, 2005, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado concerning the request of: NAME: Union Pacific Railroad FOR: A Site Specific Development Plan and Special Review Permit for a business permitted as a use by right or an accessory use in the Industrial Zone District (Railroad car loading area for recyclable materials from Anderson's Salvage Yard) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Part of the E2 of Section 29,T6N, R65W of the 6th P.M.,Weld County, Colorado. LOCATION: '/� mile north of O Street (CR 64), east of CR 39 %and west of CR 41. 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 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. 2005-1691 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR-1501 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. b\' U Dated the 11TH day of MARCH, 2005 4A-1 Voneen Macklin SURROUNDING PROPERTY OWNERS MINERAL INTEREST FIVE M FARM ANADARKO LAND CORP 20295 CR 66 MGR PROPERTY& ROW GREELEY CO 80631 PO BOX 9149 THE WOODLANDS TX 77387-9147 HOSHIKO FARMS 28607 CR 50 ANADARKO E& P COMPANY LP KERSEY CO 80644 MGR LAND, WESTERN DIVISION PO BOX 9149 HUNGENBERG INVESTMENTS THE WOODLANDS TX 77387-9147 976 N. BALSAM AVE GREELEY CO 80631 UNION PACIFIC RAILROAD 1400 DOUGLAS STREET, MS 1690 HUNGENBERG PAUL OMAHA NE 68179-1690 32500 CR 41 GREELEY CO 80631 MONSON BROS /^ 1 JOE P MARTINEZ LANE AULT CO 80610 MORO FARMS 255 CHERRY AVE EATON CO 80615-3635 PANENERGY FIELD PANHANDLE EASTERN CORP PO BOX 1642 HOUSTON TX 77251-1642 PLATTE RIVER STEEL PO BOX 231 LITTLE ROCK AR 72203 TROUDT, THOMAS 31383 CR 41 GREELEY CO 80631-9622 DUANE D & DOROTHY ZABKA 617 6TH STREET GREELEY CO 80631 o"� SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER FIVE M FARM 20295 CR 66 GREELEY CO 80631 HOSHIKO 28607 CR 50 KERSEY CO 80644 HUNGENBERG 976 N. BALSAM AVE GREELEY CO 80631 MONSON BROS 1 JOE P MARTINEX LANE AULT CO 80610 PAN ENERGY FIELD PANHANDLE EASTERN CORP PO BOX 1642 HOUSTON TX 77251-1642 PLATTE RIVER STEEL PO BOX 231 LITTLE ROCK AR 72203 TROUDT 31383 CR 41 GREELEY CO 80631-9622 ZABKA 617 6TH STREET GREELEY CO 80631 ANADARKO MGR PROPERTY& ROW PO BOX 9149 THE WOODLANDS TX 77387-9147 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 USR- 1501 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 31ST day of JANUARY, 2004. VONEEN MACKLIN AFFIDAVIT OF INTERESr9 LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 080329000081 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. Slat ratiAtuita-71- signature 07.14,4 05 Date Property Owners Within 500 ft. of Parcel# 080329000081 NAME MAILING ADDRESS PARCEL IDENTIFICATION# r 20295 WCR 66 FIVE M FARM CO 080328000079 GREELEY,CO 80631 28607 WELD CO RD 50 HOSHIKO FARMS INC 080329001009 KERSEY,CO 80644 28607 WELD CO RD 50 HOSHIKO FARMS INC 080329001010 KERSEY,CO 80644 28607 WELD CO RD 50 HOSHIKO FARMS INC 080329001013 KERSEY,CO 80644 28607 WELD CO RD 50 HOSHIKO FARMS INC 080329000079 KERSEY,CO 80644 28607 WELD CO RD 50 HOSHIKO FARMS INC 080329000080 KERSEY,CO 80644 976 N BALSAM AV HUNGENBERG INVESTMENTS LLC 080329400110 GREELEY,CO 80631 976 N BALSAM AVE es, HUNGENBERG INVESTMENTS LLC 080329400109 UND 80% INT & GREELEY,CO 80631 32500 WELD CO RD 41 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080329000081&Parl=... 1/7/2005 AFFIDAVIT OF INTERESfl LAND OWNERS ^ Page 2 of 2 I HUNGENBERG PAUL D (1/2 INT) & GREELEY,CO 80631 080328000063 1 JOE P MARTINEZ LN MONSON BROS 080329400108 AULT,CO 80610 1 JOE P MARTINEZ LANE MONSON BROS 080329000010 AULT,CO 80610 255 CHERRY AVE MORO FARMS INC 080329000083 EATON,CO 80615-3635 C/O PANHANDLE PANENERGY FIELD SERVICES INC EASTERN CORP 080328000077 P O BOX 1642 HOUSTON,TX 77251-1642 PO BOX 231 PLATTE RIVER STEEL CO INC 080329000005 LITTLE ROCK,AR 72203 31383 COUNTY RD 41 TROUDT THOMAS R& 080329400106 GREELEY,CO 80631-9622 617 6TH ST ZABKA DOROTHY& DUANE D 080329001015 GREELEY,CO 80631 617 6TH ST ZABKA DOROTHY & DUANE D 080329000097 GREELEY,CO 80631 Pylleeite 3o-Ozin I 31eizAhnuak 3JO $ 3/D'// c // &thy_ e0(031 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080329000081&Part=... 1/7/2005 UNION PACIFIC IIIIU Weld County planning De art 6RFELFV OFFICEp ment FEB 1 4 2005 RECEIVED February 8,2005 Folder 2228-79 Michael Hein Pickett Engineering 808 8`h Street Greeley CO 80631 RE: Mineral Rights as part of the sale of land in Weld County to Andersen Properties, LLC ("Andersen") Dear Mr. Hein: I am in receipt of the January 19, 2005 Mineral Report from Crews & Zeren in which they indicate ownership of the minerals are in Anadarko. That is incorrect in that the minerals were never severed from the land and are still in UP's name. I have a call in to Mr. Crews to discuss further. In the 1971 Indenture, Union Pacific Railroad Company conveyed to UPLAND all non- operating right-of-way, including minerals. The parcels were divided into Parcels "A", "B", and "C"and identified as follows: "A" Parcels —Non-operating right-of-way with minerals attached. Some Parcels returned to UP along with the minerals in an early 1990's agreement. "B" Parcels — Land Grant Land Sections conveyed to UPLAND along with minerals. Some property returned to UP; however, minerals reserved by UPLAND. "C"Parcels—High dollar properties conveyed to UPLAND along with minerals. Some property returned to UP in early 1990s conveyance which included minerals. All operating property was retained by Union Pacific at the time of the Indenture along with all minerals beneath the operating property. At the time of the Indenture, the 9 acres Mr. Andersen is purchasing was part of the RR's Gill Branch and considered operating right-of-way. This property was NOT conveyed to UPLAND. Therefore,the minerals are still attached. Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha,Nebraska 68179-1690 fx. (402) 501-0340 The adjacent property was sold in 1985 to the Zabkas and included language regarding minerals and an April 1, 1971 Mineral Deed between UP and UPLAND. Because this land was considered operating right-of-way at the time of the 1971 Indenture the minerals were held by UP. However, in one of many 1971 agreements with UPLAND, UP agreed that should it convey any former operating property due to abandonment,that the land would be conveyed in one deed to the buyer and UP would convey the minerals to UPLAND in a separate Deed. That is the purpose of the "subject to" language in the Zabka Deed. However, because UPLAND no longer exists, UP will convey to Andersen Properties fee title to the property and reserve unto itself all minerals without right of surface entry. Therefore, we are in disagreement with Crews & Zeren's interpretation of the 1971 Indenture agreement and assessment that Anadarko holds title to the minerals on the Andersen site. Should you have any further questions regarding the above, please give me a call at (402) 544- 8552 to discuss. Sily, (Z21� Gregg A. Larsen Manager Real Estate CC: Jacqueline Hatch—Weld County TRANSMITTAL ' Pickett Engineering, Inc. PE 808 8th Street Greeley, Colorado 80631 PICKETT "ICJ"F" ''"'C Weld County Planning Department GRLC' ;llrFICE Date February 10, 2005 FEB 1 1 2005 Pickett Engineering Proj.No. 04-020/3.0 cc r!v \t r1 9 Project Name: Andersen Railroad Spur Client: Dean Andersen Re: USR-1501 Revised List of Mineral Owners and Mineral Lessees To «.;1 r From: Weld County Planning Michael D. Hein,PE 918 10th St Greeley,CO 80631 Phone: 970/356-6362 Phone# (970)353-6100 ext.3540 Fax: 970/356-6486 Fax# (970)304-6498 Email: mhein@pickettengineering.com cc: Dean Andersen (fax) 0 Mail 0 Overnight Courier ® Other These are transmitted for: ® Your Use ❑ Approval ❑ As Requested ❑ Review and Return . If you have not received the materials as listed below,please contact us. Copies Date Item 1 2/10/2005 Revised List of Mineral Owners and Mineral Lessees certified by William G. Crews REMARKS: As we discussed on the telephone, I am forwarding you a revised list of mineral owners and mineral lessees for the property being considered for the USR-1501 proposal. Since Union Pacific Railroad (UPRR) owns the mineral rights and has no mineral lessees on this property, Gregg Larson with the UPRR real estate department will be forwarding you a letter requesting that the 30 days' notification be waived. Please contact me if you have any questions. P:\04-020\CORRESPONDENCE\XMIT002 Revised Mineral Owners n Lessees.doc REVISED LIST OF MINERAL OWNERS AND MINERAL LESSEES (Andersen/Zabka) Subject Property: Township 6 North. Range 65 West. 6th P.M., Weld County, CO Sec. 29: A parcel of land being part of the South Half of the Northeast Quarter(S1/2 NE1/4) and part of the North Half of the Southeast Quarter(N1/2 SE1/4), all in Section Twenty-nine, Township Six North (T.6N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being part of those parcels of land as described within the following documents: #1: Warranty Deed recorded March 9, 1909 in Book 296 on Page 111, said document hereinafter referred to as WD#1 #2: Warranty Deed as recorded March 19, 1909 in Book 300 on Page 89, said document hereinafter referred to as WD#2 #3: Warranty Deed as recorded April 8, 1909 in Book 300 on Page 309, said document hereafter referred to as WD#3 and being more particularly described as follows: BEGINNING at the South Quarter Corner of said Section 29 and assuming the South line of the Southeast Quarter(SE1/4) of said Section 29 as bearing South 83°56'58" East, a distance of 2607.72 feet with all other bearings contained herein relative there. From said South Quarter Corner the Center Quarter Corner of said Section 29 bears North 01°29'40"West a distance of 2626.25 feet. THENCE North 01°29'40"West along the West line of said SE1/4 a distance of 2605.15 feet to the Southwest corner of the aforesaid WD#3. Said point being One Hundred feet (100') Southerly of as measured at right angles to the centerline of the existing track of the Union Pacific Railroad (UPRR); THENCE South 84°40'56" East along the Southerly line of the aforesaid WD#3 and being along a line 100' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it's Easterly extension a distance of 599.46 feet to the TRUE POINT OF BEGINNING: THENCE North 00°02'00"West a distance of 225.99 feet to the Northerly line of the aforesaid WD#2 and being a point One Hundred and Twenty-five feet (125') Northerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension; THENCE South 84°40'56" East along said Northerly line and being along a line 125' Northerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 1665.64 feet to the Northwest Corner of that parcel of land as described within that unrecorded Quit Claim Deed dated January 24, 1985 from the Union Pacific Railroad Company to Duane D. Zabka and Dorothy Zabka and designated by the UPRR as ""C. D. No. 35735-15."" said document hereinafter referred to as QCD#1; THENCE South 05°19'04"West along the West line of the aforesaid QCD#1 a distance of 250.00 feet to the Southerly line of that parcel of land as described within the CREWS e4'ZEREJN LLC rr+ Mineral"'Mk Services P.O. Box336337 (970)351-0733 greeley, CO 80633-0606 Page 1 of 2 Fax(970)351-0867 aforesaid WD#1 and being a point 125' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension; Thence along the Southerly and Westerly line of the aforesaid WD#1 by the following Two (2) courses and distances: THENCE North 84°40'56"West along a line 125' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 931.42 feet to the Southwest Corner of the aforesaid WD#1, also being the intersection with the West line of the East Half of the Southeast Quarter(E1/2 SE1/4) of said Section 29; THENCE North 01°19'20"West along said West line a distance of 25.17 feet to the Southeast Corner of the aforesaid WD#3 and being a point 100' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or its Easterly extension; THENCE North 84°40'56"West along the Southerly line of the aforesaid WD#3 and being along a line 100' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 710.24 feet to the TRUE POINT OF BEGINNING. Crews &Zeren, LLC, a mineral title services 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 same were posted and verified through January 24, 2005. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 8th day of February, 2005. CREWS & ZEREN, LLC r By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners: Mineral Leasehold Owners: Union Pacific Railroad Company (None) 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 CREWS de ZEREN LW r., Mineral Title Services P.O. Box336337 (970)351-0733 Cgreeley, CO 80633-0606 Page 2 of 2 fax(970)351-0867 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Andersen/Zabka) Subject Property: Township 6 North, Range 65 West, 6th P.M., Weld County, CO Sec. 29: A parcel of land being part of the South Half of the Northeast Quarter (S1/2 NE1/4) and part of the North Half of the Southeast Quarter(N1/2 SE1/4), all in Section Twenty-nine, Township Six North (T.6N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being part of those parcels of land as described within the following documents: #1: Warranty Deed recorded March 9, 1909 in Book 296 on Page 111, said document hereinafter referred to as WD#1 #2: Warranty Deed as recorded March 19, 1909 in Book 300 on Page 89, said document hereinafter referred to as WD#2 #3: Warranty Deed as recorded April 8, 1909 in Book 300 on Page 309, said document hereafter referred to as WD#3 and being more particularly described as follows: BEGINNING at the South Quarter Corner of said Section 29 and assuming the South line of the Southeast Quarter(SE1/4) of said Section 29 as bearing South 83.56'58" East, a distance of 2607.72 feet with all other bearings contained herein relative there. From said South Quarter Corner the Center Quarter Corner of said Section 29 bears North 01•€9'40"West a distance of 2626.25 feet. THENCE North 01.29'40"West along the West line of said SE1/4 a distance of 2605.15 feet to the Southwest corner of the aforesaid WD#3. Said point being One Hundred feet (100') Southerly of as measured at right angles to the centerline of the existing track of the Union Pacific Railroad (UPRR); THENCE South 84.40'56" East along the Southerly line of the aforesaid WD#3 and being along a line 100' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 599.46 feet to the TRUE POINT OF BEGINNING: THENCE North 00.02'00" West a distance of 225.99 feet to the Northerly line of the aforesaid WD#2 and being a point One Hundred and Twenty-five feet (125') Northerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension; THENCE South 84.40'56" East along said Northerly line and being along a line 125' Northerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 1665.64 feet to the Northwest Corner of that parcel of land as described within that unrecorded Quit Claim Deed dated January 24, 1985 from the Union Pacific Railroad Company to Duane D. Zabka and Dorothy Zabka and designated by the UPRR as ""C. D. No. 35735-15."" said document hereinafter referred to as QCD#1; THENCE South 05.19'04"West along the West line of the aforesaid QCD#1 a distance of 250.00 feet to the Southerly line of that parcel of land as described within the CREWS of ZEREN LLC Mineral Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 5'aa(970)351-0867 aforesaid WD#1 and being a point 125' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension; Thence along the Southerly and Westerly line of the aforesaid WD#1 by the following Two (2) courses and distances: THENCE North 84.40'56"West along a line 125' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 931.42 feet to the Southwest Corner of the aforesaid WD#1, also being the intersection with the West line of the East Half of the Southeast Quarter (E1/2 SE1/4) of said Section 29; THENCE North 01.49'20" West along said West line a distance of 25.17 feet to the Southeast Corner of the aforesaid WD#3 and being a point 100' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or its Easterly extension; THENCE North 84.40'56" West along the Southerly line of the aforesaid WD#3 and being along a line 100' Southerly of as measured at right angles to the centerline of the existing track of the UPRR or it"s Easterly extension a distance of 710.24 feet to the TRUE POINT OF BEGINNING. Crews & Zeren, LLC, a mineral title services 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 same were posted and verified through January 10, 2005. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 19'" day of January, 2005. CREWS &ZEREN, LLC r1/4 • By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners: Mineral Leasehold Owners: Anadarko Land Corp. (None) Attn: Mgr. Property & ROW P.O. Box 9149 The Woodlands, TX 77387-9147 Anadarko E&P Company LP Attn: Manager Land, Western Division P.O. Box 9149 The Woodlands, TX 77387-9147 CREWS eteZEREN LLC MineralTitk Services P.O. Bot336337 (970)351-0733 greetey, CO 80633-0606 Page 2 of 2 Fat(970)351-0867 UNION PACIFIC 111111 1(1,04/ Cc APR X ± 2005 March 24, 2005 Folder 2228-79 ' ' ,w SHERI LOCKMAN WELD COUNTY PLANNING 1555 NORTH 17TH AVENUE GREELEY CO 80631 RE: Sale of land in Weld County to Andersen Properties,LLC ("Andersen") Case Number TJSR-1501 Dear Ms. Lockman: This letter is to confirm that notice has been received by the Union Pacific Railroad Company ("Railroad") regarding the Public Hearing before the Weld County Planning Commission on Tuesday, April 5, 2005 at 1:30 P.M. in the Hearing Room at the Weld County Planning Department located at 918 10th Street in Greeley, Colorado. The Hearing is for the review of a request for A Site Specific Development Plan and Special 1, Review Permit for a business permitted as a use by right or an accessory use in the Industrial Zone District (Railroad car loading area for recyclable materials from Andersen's Sales and Salvage Yard) in the A (agriculture) Zone District on a parcel of land described as a part of the E1/2 of Section 29, T6N, R65W of the 6th P.M., Weld County,Colorado. It is understood that Colorado Revised Statutes require a minimum thirty (30) day notice period for all mineral owners and lessees prior to the Public Hearing. Being that the Railroad is the sole owner of the mineral rights to the property covered under Case Number USR-1501 ("Property") and that there are no existing mineral leases affecting the Property, this letter will serve as the Railroad's request to the County to waive this thirty(30)day notification. Should you have any questions or require further information. please call Gregg A. Larsen of my office at(402) 544-8552. Sincerely, Tony . Love 4 General Manager-Real Estate cc: Dean Andersen(via facsimile 970-352-7757) Pickett Engineering(via facsimile 970-356-6486) Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 68179-1690 (x. (402) 501-0340 7 Hello