HomeMy WebLinkAbout20001458.tiff DEPARTMENT OF PLANNING SERVICES
(11( 611411:: PHONE (970) 353-6100, E:XT.3540
FAX AVENU:304-6E
9E
1555 N. 17TH AVENUE
GREELEY, COLORADD 80631
WIIDC
COLORADO
March 6, 2000
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: AmUSR-840
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 2, 2000, at
1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado
concerning the request of:
NAME: Andesite Rock Company
FOR: Site Specific Development Plan and Special Use Permit for a Gravel Mine in the Agricultural Zone.
LEGAL DESCRIPTION: E2 E2 of Section 27, Township 11 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to WCR 126; 1/8 mile east of WCR 21.
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, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of
public hearing.
2000-1458
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
AmUSR-840, Andesite Rock Company
Union Pacific Railroad Co
PO Box 2500
Broomfield, CO 80020
Kenneth and Sharon Mosness
9961 WCR 126
Car, CO 80612
Angelo Hugh and Danny Lee Moore
PO Box 35
Carr, CO 80612
Dorothy Brown
3419 Hampton Dr
Fr. Collins, CO 80525
David MacAlpine Sr.
1060 Rodeo Rd
Peoble Beach, CA 83953
Lloyd and Marjorie Thomas
7900 WCR 120
Carr, CO 80612
Roy Diehl
9378 WCR 124
Carr, CO 80612
June H. Lehr Living Trust
3906 W. 4th St. Rd.
Greeley, CO 80631
Donnal &Willa Hintergardt
61183 WCR 19.5
Carr, CO 80612
Nancy Gray
c/o Diane Meysenburg
1531 Via Los Altos
La Habra, CA 90631
Ross and Janna DePorter
61447 2nd St
Carr, CO 80612
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
ArriUSR-840 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the
attached list this 7th day of March, 2000.
Trisha Swanson
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Carr Gravel Resource (Amendment to USR-840)
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate ist of
the names, addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of property (the surface estate) within 500 feet of the property being considered. This list was
compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company,
or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days
of the application's submission.
� ig a re
CARR PROJECT
LAND OWNERS WITHIN 500'
Union Pacific RR Co. Donnal W. & Willa M. Hintergardt
P. O. Box 2500 61183 Weld Co. Rd. 19-1/2
Broomfield, CO 80020 Carr, CO 80612
Parcel Nos. 020127000001 Parcel Nos. 020127048001
(minerals) 020135000007 020127044001
Kenneth and Sharon Mosness 020127045001
9961 County Road 126 Nanny L. Gray
Carr, CO 80612 C/o Diane Meysenburg
Parcel No. 020127001001 1561 Via Los Altos
La Habra, CA 90631
Angelo Hugh and Danny Lee Moore Parcel No. 020127036001
P. O. Box 35
Carr, CO 80612 Ross A. and Janna L. De Porter
Parcel No. 020127009003 61447 2nd St.
Carr, CO 80612
Dorothy J. Brown Parcel Nos. 020127037002
3419 Hampton Dr. 020127037003
Fort Collins, CO 80525
Parcel Nos. 020127011001
020127025001
020127027001
David S. MacAlpine Sr.
1060 Rodeo Rd.
Pebble Beach, CA 93953
Parcel No. 020127024001
Lloyd E. & Marjorie J. Thomas
7900 WCR 120
Carr, CO 80612
Parcel No. 020126000001
Roy A. Diehl
9378 Weld Co. Road 124
Carr, CO 80612
Parcel No. 020134000006
June H. Lehr Living Trust
3906 W. 4th St. Rd.
Greeley, CO 80631
Parcel No. 020135000007
Banks and Gesso, LLC
Attachment "C"
Certified List of Mineral Owners and Lessees
Carr Gravel Resource Amendment.WC.USR-840 21 99032.MD
Andesite Rock Company February 24, 2000
Colorado law provides that the owner of the surface rights to a property is also
the owner of the sand and gravel or quarry rock on that property, unless the
rights to those commodities have been severed from the surface rights in a
transaction and deed stating so. The rights to the sand and gravel underlying the
amendment area of this application have not been severed and Andesite Rock
Company is the owner of the surface and rights to the sand and gravel.
A title commitment covering the subject property (purchased in August of 1999
by Andesite Rock Company from Dale VanLoo) listed several mineral exceptions
affecting the subject property. The exception page to that title commitment is
contained in Attachment E. Several problems arose when these exceptions were
examined more closely both at the Clerk and Recorders office and at the title
company:
1. It was learned that two of the five mineral exceptions listed by the title
insurance company did not apply to the subject property. Those two
exceptions will not be shown on the Affidavit (Attachment C) of the
application.
2. None of the documents containing mineral reservations provided an
address for the mineral owner. Further, the applicable reservations are
fairly old, dating back to 1918, 1931, and 1958 and chances are very good
that title has changed hands since that time.
3. Chaining these mineral interests forward is difficult. In most cases, the
seller reserved a part interest in the minerals, while conveying a part
interest to the buyer. Thus, there are multiple names to research on each
parcel.
4. The Weld County Clerk and Recorder records are computerized from
1982 and forward. Prior to 1982, all records are on microfiche rolls.
Researching the records on microfiche can be difficult. For instance, one
mineral interest owner on the title commitment, C. T. Ahlstrand, was very
active in real estate during the early 1900's, and his name shows up
repeatedly in the Grantor Indices. These indices provide little or no legal
description
5. Transnation Title Insurance Company, who prepared the VanL.00
commitment, does not research mineral interests as a matter of insuring
the title to a property. Furthermore, they will not conduct mineral searches
due to the time involved.
There are no precious minerals on or under the property and the potential for
developing an underground coal mine on this 110-acre parcel is extremely
unlikely. If, in the unlikely event that there is a current mineral interest on the
property who wishes to develop the oil or coal under the surface, the applicant
will make available the ground and access in order to develop those mineral
interests.
Given the explanations described above and given the level of research already
performed to determine the current status of mineral and oil interests under the
property, no further investigation is warranted.
The following affidavit and list of mineral ownership should satisfy the
requirements of Attachment C.
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND SUBSURFACE ESTATE
Applic:ation No.
Subject Property Carr Gravel Resource (Amendment to USR-840)
THE UNDERSIGNED, being.first duly sworn, states that to the best of his or her knowledge the attached list is a
true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or order
the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office
or from an ownership update from a title or abstract company or an attorney.
Sign ure
MINERAL OWNERS AND LESSEES OF MINERAL INTERESTS
Please print or type
NAME MAILING ADDRESS CITY/STATE/ZIP
1. Andesite Rock Company 7321 E. 88`"Ave., Suite 200 Henderson, CO 80640
2. C.T.Ahlstrand 1/2 int
M.E. Hagan '/z int
(Deed dated 9/21/31, Book 921, Page 65)
3. Eugene R. Morrison, Viva Long (nee Viva Myrtle Morrison) 1/2 int
George M. Chadwick& Martha C. Chadwick '/4 int
(Deed dated 2/1/58, Book 1496, Page 469)
4. Frederick B. Stevenson
.LWarranty Deed dated 1/14/18, Book 489, Page 462) _ __
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