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Home My WebLink About20031569.tiff DEPARTMENT OF PLANNING SERVICES liD PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH WiDe VGREELEY, COLORADO 80631 COLORADO May 1, 2003 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: CZ-1040 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 3, 2003, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Great Western Railway Company of Colorado, LLC FOR: Change of Zone from A(Agricultural)to the 1-3 (Industrial)Zone District. LEGAL DESCRIPTION: SW4NW4/N2NW4 Section 25; part of the E2SE4 Section 23; and the SW4 Section 24, all located in T6N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North and south of CR 64 3/4; north of and adjacent to CR 66; east of CR 23; and north of and adjacent to Eastman Park Drive. 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 Monica Daniels Mika, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, 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. 2003-1569 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER CZ-1040 RICHMAR WINE LLC 31703 CR 23 GREELEY CO 80631 STUTZMAN HC 80 BOX 54 VENAGO NE 69168-9720 DETTERER 31815CR233/4 GREELEY CO 80631 EASTMAN KODAK COMPANY ATTN: CORPORATE TAX DEPT., MARK CAMARATA 343 STATE STREET ROCHESTER NY 14650 LIKARISH 2404 N WASHINGTON SPOKANE WA 99205 LONG 11492 CR 64 3/4 GREELEY CO 80631 MAAN SUKHMINDER 668 TRAMMEL WAY GALT CA 95632 WEINMEISTER 31703 CR 23 GREELEY CO 80631 DITIENNE 34180 CR 19 WINDSOR CO 80550 XCEL ENERGY PO BOX 840 DENVER CO 80201 TOWN OF WINDSOR 301 WALNUT STREET WINDSOR CO 80550 BUTLER REVOCABLE TRUST C/O RUTH WINDER 2016 28TH AVENUE#104 GREELEY CO 80634 SCHOTT 1816 261H AVENUE PLACE GREELEY CO 80631 LOWE 8513 GUTIERREZ NE ALBUQUERQUE NM 87111 CAZER HEIRS 9155 E CENTER AVENUE#7D DENVER CO 80231 CAZER 1260 GARFIELD STREET DENVER 80206 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 CZ-1040 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 1st day of May, 2003. Donita May r AFFIDAVIT OF INTERESTED LANDOWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE S•-kiject Parcel: 080724000019 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 te. din Wit i AV%q., ignature / /z63 Date Property Owners Within 500 ft. of Parcel# 080724000019 NAME I MAILING ADDRESS (PARCEL IDENTIFICATION # 31703 WELD CO RD 23 RICHMAR WINE LLC & 080726000013 GREELEY,CO 80631 /-- HC 80 BOX 54 JTZMAN TIMOTHY J & LANA J 080723000053 VENANGO,NE 69168-9720 HC 80 BOX 54 STUTZMAN TIMOTHY J & LANA J 080724000020 VENANGO,NE 69168-9720 HC 80 BOX 54 STUTZMAN TIMOTHY J & LANA J 080725000011 VENANGO,NE 69168-9720 2016 28 AVE #104 WINDER RUTH REVOCABLE TRUST (1/2 INT) & 080725000012 GREELEY,CO 80634 2016 28 AVE #104 WINDER RUTH REVOCABLE TRUST (1/2 INT) & 080723000018 GREELEY,CO 80634 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080724000019&Par t=080724000(.. 4/12/2003 ArcIMS Viewer Page 1 of 1 • Hi �^ " ' li L• ' r v WINDSOR �. x 14 v: ". 1 ,'-it "wk`- 7„..„ M ray 6.� Z.-zg� . _ [ M1t..«t-';'♦'� Weld Coo nty,cgbaaos. . 0 2000ft ,,. http://maps.merrick.com/website/weld/MapFrame.htm 4/12/2003 AFFIDAVIT OF INTERESTED LANn-OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE S^-bject Parcel: 080725000012 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. MM- di"faL Sig ature Date Property Owners Within 500 ft. of Parcel# 080725000012 NAME MAILING ADDRESS PARCEL IDENTIFICATION 31815 COUNTY RD 23 3/4 DETTERER W LEE 080724400057 GREELEY,CO 80631 31815 WCR 23 3/4 DETTERER W LEE 080725000044 GREELEY,CO 80631 ATTN CORP TAX DEPT - MARK EASTMAN KODAK CO CAMARATA 080726000032 343 STATE ST ROCHESTER,NY 14650 2404 N WASHINGTON LIKARISH NANCY D 080725000007 SPOICANE,WA 99205 11492 WCR 64 3/4 LONG HAROLD & SON INC 080725400002 GREELEY,CO 80631 11492 WELD CO RD 64 3/4 LONG HAROLD L & CAROL A 080726000033 GREELEY,CO 80631 MAAN SUKHMINDER SINGH & JASVIR 668 TRAMMEL WAY 080725300001 GALT,CA 95632 31703 WELD CO RD 23 RICHMAR WINE LLC & 080726000013 GREELEY,CO 80631 HC 80 BOX 54 S r UTZMAN TIMOTHY J & LANA J 080724000020 VENANGO,NE 69168-9720 HC 80 BOX 54 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080725000012&Par 1=080724400(... 4/12/2003 AFFIDAVIT OF INTERESTED LANP-OWNERS Page 2 of 2 STUTZMAN TIMOTHY J & LANA J 080725000011 VENANGO,NE 69168-9720 31703 RD 23 yc;INMEISTER RICHARD & MARILYN 080726000028 GREELEY,CO 80631 WINDER RUTH REVOCABLE TRUST 2016 28 AVE #104 (1/2 INT) & 080723000018 GREELEY,CO 80634 WINDER RUTH REVOCABLE TRUST 2016 28 AVE #104 (1/2 INT) & 080724000019 GREELEY,CO 80634 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080725000012&Par 1=080724400(... 4/12/2003 ArcIMS Viewer Page 1 of 1 rim PIII ,, WINDSOR I i 44441 yk' `: 2t! IF f "s na:K i fligir 1 w ` 1 'y 6 all II i pi -� i d , I s : . :4,...,,, HS kJ ' .. Z weucountycoba4o ? guiL _- 0 30DOf[. http://maps.merrick.com/website/weld/MapFrame.htm 4/12/2003 AFFIDAVIT OF INTERESTED LAN OWNERS — Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9 "ject Parcel: 080723000018 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 1Weld County Assessor was assembled within thirty days of the application's submission. te. Mai 494.411'U Sig ature 14'2763 Date Property Owners Within 500 ft. of Parcel# 080723000018 NAME MAILING ADDRESS PARCEL IDENTIFICATION # 34180 WCR 19 DE TIENNE MARLYN R 080723000015 (--- WINDSOR,CO 80550 ATTN CORP TAX DEPT- MARK EASTMAN KODAK CO CAMARATA 080726000014 343 STATE ST ROCHESTER,NY 14650 PUBLIC SERVICE CO OF COLO 080723000017 STATE ASSESSED, 31703 WELD CO RD 23 RICHMAR WINE LLC & 080726000013 GREELEY,CO 80631 HC 80 BOX 54 STUTZMAN TIMOTHY J & LANA J 080723000053 VENANGO,NE 69168-9720 HC 80 BOX 54 STUTZMAN TIMOTHY J & LANA J 080724000020 VENANGO,NE 69168-9720 WINDER RUTH REVOCABLE TRUST 2016 28 AVE #104 (1/2 INT) & 080725000012 GREELEY,CO 80634 WINDER RUTH REVOCABLE TRUST 2016 28 AVE #104 (1/2 INT) & 080724000019 GREELEY,CO 80634 301 WALNUT ST WINDSOR TOWN OF 080726000042 WINDSOR,CO 80550 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080723000018&Par l=0807240000.. 4/12/2003 ArcIMS Viewer Page 1 of 1 h., WIN' • L j Yf, x `�R�. li&i{Sti{1 c S& aks fiw `` •S,t, r „ 4' pt � L Y 4 , _ i A 4 we c��Y.cobaao� ^* — —_ 0a f 11 if me.htm 4/12/2003 http://maps.merrick.com/website/weld/MapFra LIST OF MINERAL OWNERS AND MINERAL LESSEES (Winder/Butler) Subject Property: Township 6 North, Range 67 West, 6th P.M., Weld County, CO All that part of the E%SE% pf Section 23 and of the SW% of Section 24 and the N'%NW% of Section 25 lying South of the right of way of the Colorado and Southern Railway Company Minco 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 April 17, 2003. A facsimile or photocopy of this list shall be as valid for all purposes as the original hereof. Dated this 29th day of April, 2003. MINCO LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Charles I. and Louise M. Lowe 8513 Gutierrez NE Ruth Winder, Trustee of the Albuquerque, NM 87111 Ruth Winder Revocable Trust, dated April 24, 2001 Lillian A. Cazer, presumed heir of 2016 28th Avenue, #104 Thomas J. Cazer, decd. Greeley, CO 80634 9155 E. Center Ave., #7D Denver, CO 80231 1996 Erna M. Butler Revocable Trust (May 13, 1996) Martha Irene Cazer c/o Ruth Winder 1260 Garfield Street 2016 28'" Avenue, #104 Denver, CO 80206 Greeley, CO 80634 Mineral Leasehold Owners: Barbara Gladys Schott 1816 26th Avenue Place (none) Greeley, CO 80631 Minco LEC Mineral-TitkServices P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 1jax(970)351-0867 OCS S OTIS, COAN & STEWART, LLC Attorneys And Counselors At Law Weld County Planning Department Fred L.Otis GREELEY OFFICE flotis@ocslaw.com MAY 1 2 2003 May 8, 2003 RECEIVED Ms. Monica Daniels-Mika Weld County Department of Planning Services 1555 North 17u' Avenue Greeley, CO 80631 RE: Change of Zone No. CZ 1040 SW4 NW4 /N2 NW4 Section 25, Township 6 North, Range 67 West (110 acres); Part of E2 SE4 Section 23, Township 6 North, Range 67 West (21 acres); SW4 Section 24, Township 6 North, Range 67 West (12 acres) 6th P.M. Weld County, Colorado Owner: The Ruth Winder Revocable Trust and 1996 Erna M. Butler Revocable Trust (May 13, 1996) Applicant: Great Western Railway Company of Colorado, LLC Dear Ms. Daniels-Mika: This is certification the attached of the Notice of Application for Change of Zone was mailed May 1, 2003, to the mineral owners. Sincere red L. Otis FLO:mas Enclosure xc Mr. Alex Yeros Great Western Railway of Colorado, LLC The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 • Weld County Planning Department GREELFY OFFICE NOTICE OF APPLICATION FOR CHANGE OF ZONE MAY 1 2 2003 FILED BY GREAT WESTERNY`OF COLORADO,AUCEIVED COZ No. TO: MINERAL OWNERS AND MINERAL LESSEES SECTIONS 23, 24, 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO There are no mineral Leasehold Owners. MINERAL OWNERS Ruth Winder, Trustee of the Ruth Winder Revocable Trust dated April 24, 2001 2016 28th Avenue# 104 Greeley, CO 80634 1996 Erna M. Butler Revocable Trust (May 13, 1996) c/o Ruth Winder 2016 28th Avenue# 104 Greeley, CO 80634 Barbara Gladys Schott ,,,.,_,1 03 }h ao16 26n _ nt 'r�Ce1 � L1�7� LASl,l��U St ` e Greeley, CO 80631 , `ti^^ Charles I. and Louise M. Lowe it c,L`eC\ `t u' 8513 Gutierrez NE Ss__ Avsvj (2,r.cL% 4v, - ct A Albuquerque, NM 87111 Cwt Lillian A. Cazer, presumed heir of Thomas J. Cazer, deceased 9155 E. Center Avenue# 7D Denver, CO 80231 Martha Irene Cazer 1260 Garfield Street Denver, CO 80206 Whitney Ditch Company do Harold L. Long 11492 WCR 64 3/4 Greeley, CO 80631 RE: COZ No. 1 CHANGE OF ZONE REQUEST FROM AGRICULTURE TO INDUSTRIAL 3 FOR REAL PROPERTY DESCRIBED ON EXHIBIT A ATTACHED HERETO 1 YOU ARE HEREBY GIVEN NOTICE (pursuant to C.R.S. 24-65.5-103) that on June 3, 2003, at 1:30 p.m., a meeting is scheduled with the Applicant, Great Western Railway of Colorado, LLC, and the Weld County Planning Commission regarding the above Change of Zone request. You may attend. You should direct any concerns you have to the Weld County Planning Department or the undersigned. Dated: May 1, 2003. Fred L. Otis, # 7343 Otis, Coan & Stewart, LLC 1812 56th Avenue Greeley, CO 80634 970/330-6700 Attorneys for Great Western Railway of Colorado, LLC 2 • 1-- LEGAL DESCRIPTION PARCEL I: ALL THAT PART OF THE E 1/2 OF THE SE 1/4 OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY, AS THE SAME NOW EXTENDS OVER AND ACROSS SAID LANDS. EXCEPT THAT PORTION CONVEYED BY DEED RECORDED IN BOOK 31 AT PAGE 281 EXCEPT THAT PORTION AS CONVEYED BY DEED RECORDED AUGUST 21, 1970 AT RECEPTION NO. 1553433 IN BOOK 631, WELD COUNTY RECORDS. PARCEL II: THE SW 1/4 OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY, AS THE SAME NOW EXTENDS OVER AND ACROSS SAID LANDS. EXCEPT THAT PORTION CONVEYED BY DEED IN BOOK 31 AT PAGE 287 EXCEPT THAT PORTION CONVEYED BY DEED IN BOOK 54 AT PAGE 298 PARCEL HI: r THE N 1/2 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY, AS THE SAME NOW EXTENDS OVER AND ACROSS SAID LANDS. EXCEPT THAT PORTION CONVEYED BY DEED IN BOOK 24 AT PAGE 153 PARCEL IV: THE SW 1/4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. • EXHIBIT A A Weld County Planning Department GRFEI.py OFFICE MAY 7 2003 OTIS, LOAN A,RT,J,LC Attorneys And Counselors At Law Fred L Otis flotis@ocslaw.com May 6, 2003 Ms. Monica Daniels-Mika Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Change of Zone No. CZ 1040 SW4 NW4 /N2 NW4 Section 25, Township 6 North, Range 67 West (110 acres); Part of E2 SE4 Section 23, Township 6 North, Range 67 West (21 acres); SW4 Section 24, Township 6 North, Range 67 West (12 acres) 6th P.M. Weld County, Colorado r Owner: The Ruth Winder Revocable Trust and 1996 Erna M. Butler Revocable Trust (May 13, 1996) Applicant: Great Western Railway Company of Colorado, LLC Dear Ms. Daniels-Mika: Attached is a copy of the Notice of Application for Change of Zone which was mailed May 1, 2003. Sincerely, y t Fred L. Otis FLO:mas Enclosure xc Mr. Alex Yeros Great Western Railway of Colorado, LLC The Doyle Building, 1812 56th Avenue, Greeley,Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 NOTICE OF APPLICATION FOR CHANGE OF ZONE FILED BY GREAT WESTERN tyilLWAY OF COLORADO, LLC COZ No. CZ l C4U TO: MINERAL OWNERS AND MINERAL LESSEES SECTIONS 23, 24, 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO There are no mineral Leasehold Owners. MINERAL OWNERS Ruth Winder, Trustee of the Ruth Winder Revocable Trust dated April 24, 2001 2016 28'h Avenue # 104 Greeley, CO 80634 1996 Erna M. Butler Revocable Trust (May 13, 1996) c/o Ruth Winder 2016 28th Avenue# 104 Greeley, CO 80634 Barbara Gladys Schott 1816 26th Avenue Place Greeley, CO 80631 Charles I. and Louise M. Lowe 8513 Gutierrez NE Albuquerque, NM 87111 Lillian A. Cazer, presumed heir of Thomas J. Cazer, deceased 9155 E. Center Avenue# 7D Denver, CO 80231 Martha Irene Cazer 1260 Garfield Street Denver, CO 80206 Whitney Ditch Company c/o Harold L. Long 11492 WCR 64% Greeley, CO 80631 RE: COZ No. z 1C. CHANGE OF ZONE REQUEST FROM AGRICULTURE TO INDUSTRIAL 3 FOR REAL PROPERTY DESCRIBED ON EXHIBIT A ATTACHED HERETO 1 YOU ARE HEREBY GIVEN NOTICE (pursuant to C.R.S. 24-65.5-103)that on June 3, 2003, at 1:30 p.m., a meeting is scheduled with the Applicant, Great Western Railway of Colorado, LLC, and the Weld County Planning Commission regarding the above Change of Zone request. You may attend. You should direct any concerns you have to the Weld County Planning Department or the undersigned. Dated: May 1, 2003. Fred L. Otis, # 7343 Otis, Coan & Stewart, LLC 1812 56th Avenue Greeley, CO 80634 970/330-6700 Attorneys for Great Western Railway of Colorado, LLC 2 LEGAL DESCRIPTION PARCEL I: ALL THAT PART OF THE E 1/2 OF THE SE 1/4 OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY, AS THE SAME NOW EXTENDS OVER AND ACROSS SAID LANDS. EXCEPT THAT PORTION CONVEYED BY DEED RECORDED IN BOOK 31 AT PAGE 281 EXCEPT THAT PORTION AS CONVEYED BY DEED RECORDED AUGUST 21, 1970 AT RECEPTION NO. 1553433 IN BOOK 631, WELD COUNTY RECORDS. PARCEL II: THE SW 1/4 OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY, AS THE SAME NOW EXTENDS OVER AND ACROSS SAID LANDS. EXCEPT THAT PORTION CONVEYED BY DEED IN BOOK 31 AT PAGE 287 EXCEPT THAT PORTION CONVEYED BY DEED IN BOOK 54 AT PAGE 298 PARCEL III: THE N 1/2 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY, AS THE SAME NOW EXTENDS OVER AND ACROSS SAID LANDS. EXCEPT THAT PORTION CONVEYED BY DEED IN BOOK 24 AT PAGE 153 PARCEL IV: THE SW 1/4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. EXHIBIT A Hello