HomeMy WebLinkAbout992185.tiff Kitt C;N>t:3
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
' Phone (970) 353-6100, Ext. 3540
Fax(970) 304-6498
W
COLORADO
July 26, 1999
RE: Case S-496. Planned Unit Development Final Plan on Lot B RE-1683 being part of W2 W2
and NE4 SW4 of Section 10, T6N, R65 W of the 6th P.M., Weld County, CO.
Surrounding Property and Mineral Owners:
Please disregard the notice sent informing you of a Planning Commission Hearing for the
Planned Unit Development Final Plan applied for by John and James Sutter. The Final Plan
does not require a Planning Commission Hearing. A Board of County Commissioners hearing
will be conducted at a later date. You will be notified when this date is scheduled.
If you have further question, please contact me at the above address or call (970) 353-6100
ext. 3540.
Sincerely,
,-/ ;/ r ,
Sheri Lockman
Planner
992185
4IPPIDH DEPARTMENT OF PLANNING SERVICES
PHONE (970) 3AX (91 , EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
C..
COLORADO
June 29, 1999
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: S-496
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 17,
1999, at 1:30 p.m., in Room 210, Weld County Department of Planning Services, 1555 N 17th Avenue,
Greeley, Colorado ccncerning the request of:
NAME: John and James Sutter
REQUEST: Planned Unit Development Final Plan
LEGAL DESCRIPTION: Lot B of RE-1683; being Part of the W2 of the W2 and NE4 of the SW4 of
Section 10, T6N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 72. For a more precise location, see legal.
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 under consideration. 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, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date
of public hearing.
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
S-496 -John &James Sutter
Herman & Hilda Kaiser
3312 Carson Ave.
Evans, CO 80620-1414
Cozzens Farm Company
34545 WCR 41
Eaton, CO 80615
Branden & Kathleen Gulzow
20943 WCR 72
Eaton, CO80615-9218
Charles & Kari Austin
35475 WCR 43
Eaton, CO 80615
Crop Air Inc.
P.O. Box 266
Eaton, OC 80615-0266
Albert& Dorothy Wiedeman
35492 WCR 43
Eaton, CO 80615-9205
Thomas& Cindy Snow
21249 WCR 72
Eaton, CO 80615
1031-Z Land Corporation
c/o Avery Farms LLC
37353 Hwy 85
Eaton, OC 80615
Robert&Jane Miller
21853 WCR 70
Eaton, CO 80615
John Wayne Cattle LTD Liability Co.
21221 WCR 70
Eaton, CO80615
Jeanne & Randy Hatch
21131 WCR 70
aton, CO 80615
& Catherine Blcom
2113 WCR 70
, CO 80615
James &Anita Decker
33922 WCR 43
Eaton, OC 80615
Jill Sutter Norris
21167 WCR 70
Eaton, CO 80615
Larry Eti Anderson
2010 46th Ave, # H-3
Greeley, CO 80634
Donna Anderson Upton
P.O. Box 3330
Copper Mountain, CO 80433
William G. Hayden III
P.O. Box 1084
Greeley, CO 80632
Katherine Hayden
0168 Vail Circle
Dillon, CO 80435
William G. Hayden IV
do Payless Shoe Source
340 Walnut St.
Redwood City, CA 94063
Duke Energy Field Services, Inc.
#90879
P.O. Box 5493
Denver, CO 80217
Diamond Shamrock Refining & Mktg Co.
#10085193
P.O. Box 696000
San Antonio, TX 782(39-6000
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
in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this
1st day of July, 1999.
(' nt( y12t (i,
Jennifer ring
C
I�
AFFIDAVIT OF INTEREST OWNERS :SURFACE ESTATE
Legal Description: See attached
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, addresses. and the correscond,ng Parcel Identification
Number assigned by the Weld County Assessor of the owners' of property 'the su-face estate) within five
hundred (500) feet of the property under consideration. This list was compitea 'rom the records of the
Weld County Assessor, or an ownership update from a title or abstract comcany or attorney, derived
from such records, or from the records of the Weld County Clerk and Reccraer The list compiled from
the records of the Weld County Assessor shall have been as se^'r,'.ea .vet^ n thirty days of the
application's submission date.
Signatpjte
E`3IIBIT "A"
The West Half (W1/2) and Northeast Quarter (NE'/.) of the Southwest Quarter
(SW'/.) and the West Half (W/) of the Northwest Quarter (NW'/.) of Section Ten
(10), in Township Six (6) North, Range Sixty-five (65) West of the 6th P.M., in
Weld County, Colorado, together with four (4) shares of the capital stock of The
Larimer and Weld Irrigation Company; three (3) shares of the capital stock of The
Windsor Reservoir and Canal Company; eleven (11) shares of the capital stock of
The Owl Creek Supply and Irrigation Company; two (2) shares of the capital stock
of Roberts Lateral Ditch Company; three (3) adjudicated wells as follows: (1)
Avery Pumping System, Case No. W-5528, adjudicated September 10, 1953; (2)
Avery Well 55-6290, Case No. W-5647, adjudicated December 31, 1971; (3) Avery
Well 2-6180, Case No. W-7342, adjudicated December 31, 1971, and 1'/2 cubic
feet of water per second of time from the seepage, waste and storm waters flowing
in Lone Tree Creek as further evidenced by Priority No. 19 dating from May 15,
1882, in Water District No. 1, Colorado, excepting therefrom 1.05 acres, more or
less, conveyed by Deed dated June 14, 1951, and recorded June 18, 1951, in Book
1305, Pace 354, Weld County records.
also known as 21167 Weld County Road 70, Eaton, Colorado 80615
LESS.
A tract of land located in the Southwest Quarter of the Southwest Quarter of
Section 10, Township 6 North, Range 65 West of the 6th Principal Meridian,
Weld County, Colorado being more particularly described as follows.
Commencing at the Southwest corner of said Section 10 and considering the South
line of said Southwest Quarter to bear North 90°00'00" East with all other
bearings contained herein being relative thereto;
Thence North 90=00'00" East, 810.60 feet to the Southeast corner of a parcel of
land described in Book 1305, P 77 354, Wet eld County tne get ord ;thereof;
Thence North 00.13'00" East,
Thence South 87.54' 14" East, 12.04 feet;
Thence South 57^26'00" East, 100.50 feet;
Thence South 89=21'00" East, 138.98 feet;
Thence South 56^47'00" East, 333.60 feet;
Thence South 00=00'00" West, 38.36 feet to the Southeast corner of the Southwest
Quarter of the Southwest Quarter of said Section 10;
Thence South 9000'00" West. 515.85 feet to the true point of beginning.
Said tract of land contains 2.104 acres, more or less, of which 0.355 acres are
within Weld County Road No 70 richt-of-way, and is subject to any rights-of-way
or other easements as granted or reserved by instruments of record or as now
existing on said tract of land
PUD Change of Zone: Names of Owners of Property within 500 feet (Avery Acres)
Name: Address: Assessor's Parcel#
Kaiser, Herman & Hilda 3312 Carson Avenue 080311000012
Evans, CO 80620-1414 080303000020
080310000013
Cozzens Farm Company 34545 Weld County Rd. 41 080300000007
Eaton, CO 80615 080309000015
Gulzow, Branden & Kathleen 20943 County Road 72 080304400037
Eaton, CO 80615-9218
Austin, Charles L & Kari Ann 35475 Weld County Road 43 0803 4400038
Eaton, CO 80615
Crop Air Inc. P.O. Box 266 0803i 3[)00033
Eaton, CO 80615-0266
Wiedeman, Albert L. & Dorothy L. 35492 County Road 43 "ti' t- ';''tl'>114'
Eaton, CO 80615-O05
Snow, Thomas E. & Cindy L. 21249 Weld County Road a" 1 '; It u046
Eaton, CO 80615
1031-Z Land Corporation do: Avery Farms LLC y' " ''047
37353 Highway 85
Eaton, CO 80615
Miller, Robert L. & Jane 21853 Weld County Road _ ' :i in-
Eaton, CO 80615
Wayne, John Cattle Ltd Liability Co21221 Weld County Road -ii ,,' '6037
Eaton, CO 80615 C, 6„ 036
Hatch, Jeanne M. & Randy C. 21131 Weld County Road ) co : :, ,){,{i008
'008
Eaton, CO 80615
RloL,,,r) ?,:te#-4 4 C tl\cr,Y.?_.
—N..nis, J.11 Sutter— 21167 Weld County Road -hi "s' t I H'u')038
Eaton, CO 80615
Decker, James M. and Anita L. 33922 Weld County Road 4; 'e' ' I "'0003I
Eaton, CO 80515
I `'.
AFFIDAVIT OF INTEREST OWNERS: MINERALS AND SURFACE ESTATE
Legal Description: See attached
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, addresses, and the corresponding Parcel Identification
Number assigned by the Weld County Assessor of the owners' of minerals on the subject property under
consideration. This list was compiled from the records of the Weld County Assessor, or an ownership
update from a title cr abstract company or attorney, derived from such records, or from the records of
the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor
shall have been assembled within thirty days of the application's submission date.
Signatur / James Ted Sutter
12
EC-1:1331T "A"
The West Half (W14) and Northeast Quarter (NE'/.) of the Southwest Quarter
(SW'h) and the West Half (W172) of the Northwest Quarter (NW/) of Section Ten
(10), in Township Six (6) North, Range Sixty-five (65) West of the 6th P.M., in
Weld County, Colorado, together with four (4) shares of the capital stock of The
Larimer and Weald Irrigation Company; three (3) shares of the capital stock of The
Windsor Reservoir and Canal Company; eleven (11) shares of the capital stock of
The Owl Creek Supply and Irrigation Company; two (2) shares of the capital stock
of Roberts Lateral Ditch Company; three (3) adjudicated wells as follows: (1)
Avery Pumping System, Case No. W-5528, adjudicated September 10, 1953; (2)
Avery Well 5-6290. Case No. W-5647, adjudicated December 31, 1971; (3) Avery
Well 2-6180, Case No. W-7342, adjudicated December 31, 1971, and 1'/2 cubic
feet of water per second of time from the seepage, waste and storm waters flowing
in Lone Tree Creek as further evidenced by Priority No. 19 dating from May 15,
1882, in Water District No. 1, Colorado, excepting therefrom 1.05 acres, more or
less, conveyed by Deed dated June 14, 1951, and recorded June 18, 1951, in Book
1305, Page 354, Weld County records.
also known as 21167 Weld County Road 70, Eaton, Colorado 80615
LESS:
A tract of land located in the Southwest Quarter of the Southwest Quarter of
Section 10, 'Township 6 North, Range 65 West of the 6th Principal Meridian,
Weld County, Colorado being more particularly described as follows:
Commencing at the Southwest corner of said Section 10 and considering the South
line of said Southwest Quarter to bear North 90=00'00" East with all other
bearings contained herein being relative thereto;
Thence North 90=00'00" East, 810.60 feet to the Southeast corner of a parcel of •
land described in Book 1305, Page 354, Weld County records;
Thence North 00=13'00" East, 277.22 feet along the East line thereof;
Thence South 87.54' 14" East, 12.04 feet;
Thence South 57=26'00" East, 100.50 feet;
Thence South 89=21'00" East, 138.98 feet;
Thence South 56=47'00" East, 333.60 feet;
Thence South 00=00'00" West, 38.36 feet to the Southeast corner of the Southwest
Quarter of the Southwest Quarter of said Section 10;
Thence South 9000'00" West, 515.85 feet to the true point of beginning.
Said tract of land contains 2.104 acres, more or less, of which 0.355 acres are
within Weld County Road No 70 right-of-way, and is subject to any rights-of-way
or other easements as granted or reserved by instruments of record or as now
existinu on said tract of land.
PUD Change of Zone: Names of Mineral Owners and Lessees on Subject Property (Avery
Acres :
Name: Address:
Interest Owners:
Norris, Jill Sutter 21167 Weld County Road 70
Eaton, CO 80615
Sutter, John Avery 800 Hawkstone Drive, #27
Eaton, CO 80615
Anderson, Larry Eti 2010 - 46th Ave, #H-3
Greeley, CO 80634
Upton, Donna Anderson P.O. Box 3330
Copper Mountain, CO 80433
Hayden, William G. III P.O. Box 1084
Greeley, CO 80632
Hayden, Katherine 0168 Vail Circle
Dillon, CO 80435
Hayden, William G. IV c/o: Payless Shoe Source
340 Walnut Street
Redwood City, CA 94063
Lessees:
Duke Energy Field Services, Inc. P.O. Box 5493
(refer to owner#90879 when writing) Denver, CO 80217
Diamond Shamrock Refining & Mktg Co. P.O. Box 696000
(refer to owner#10085193 when writing) San Antonio, TX 78269-6000
CURTIS R. SEARS
ATTORNEY AT LAW
7211 W. CANBERRA STREET DRIVE
GREELEY, COLORADO 80634
(970) 352-5540
January 30, 1999
Weld County
Planning and Zoning
1400 N. 17th Avenue
Greeley, CO 80631
Re: Lot B of Recorded Exemption No. 0803-10-3-RE 1683 recorded March 24, 1995 in Book
1484 as Reception No. 2431450,being a part of the W'/z of the NW'/ and the SW'/ of
Section 10,Township 6 North, Range 65 West of the 6th P.M..Weld County, Colorado
Dear Sir/Madam:
I have reviewed title to the above referenced property as reflected in the records of the Clerk and
Recorder for Weld County, Colorado, as of January 11, 1999. My findings are as follows:
Owners of Record: James Ted Sutter and John Avery Sutter
Other Interest Holders and
Encumbrances Reservation as contained in Patent recorded November 1.6, 1886 in
Book 57 at Page 2 and recorded May 24, 1892 in Book 34 at Page
343, said reservation being as follows: Right of the proprietor of a
vein or lode to extract and remove his ore therefrom should the
same be found to penetrate or intersect the premises.
Right of way for road purposes over the South side of the property
as evidenced by Road Viewer's Report recorded August 11. 1897.
in Book 83 at Page 84.
Right of way for County Roads 30 feet wide on either side of
section and township lines as established by Order of the Board of
County Commissioners for Weld County.recorded October 14.
1889 in Book 86 at Page 273.
Right of way for Holmes Ditch as evidenced by Statement filed in
the Weld County Clerk and Recorder's office, insofar as the same
may affect the property (location undefined).
Right of way for the McClellan and Bird Ditch as evidenced by
Statement filed in the Weld County Clerk and Recorder's Office.
insofar as the same may affect the property(location undefined).
Title Opinion Letter
January 30, 1999
Page 2
Mineral reservation disclosed by instrument recorded July 20. 1994
in Book 1451 as Reception No. 2398455 and re-recorded
September 9, 1994 in Book 1458 as Reception No. 2406001.
Other than as reflected herein,no interests in the property appear of record in the records of the Clerk
and Recorder for Weld County, Colorado. as of January 11, 1999.
ry rul rs,
urtis . Sears
Atty. Reg. No. 22054
COMMITMENT FOR TITLE INSURANCE
* *
SCHEDULE A
1. Effective Date: JANUARY 11, 1999 @ 7 :00 A. M. RE: Our Order No. : TS48918
2. Policy or Policies to be issued:
A. ALTA Owner' s Policy Amount To Be Determined
Proposed Insured:
TO BE DETERMINED
B. ALTA Loan Policy Amount $
Proposed Insured:
C. ALTA Loan Policy Amount $
Proposed Insured:
3 . The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple, and title thereto is
at the effective date hereof vested in:
JAMES TED SUTTER AND JOHN AVERY SUTTER
4 . The land referred to in this Commitment is described as follows :
Lot B of Recorded Exemption No. 0803-10-3-RE1683 recorded March 24, 1995 in Book
1484 as Reception No. 2431450, being a part of the W1/2 of the NW1/4 and the
SW1/4 of Section 10, Township 6 North, Range 65 West of the 6th P.M. , Weld
County, Colorado.
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•
COMMITMENT FOR TITLE INSURANCE
* * * * *
SCHEDULE B
Section 1
RE: Our Order No. : TS48918
REQUIREMENTS :
The following are the requirements to be complied with:
Item (a) Payment to o:: for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Payment of all taxes, charges or assessments, levied and assessed against the
subject premises whic.a are due and payable.
Item (c) The following instrument (s) must be properly executed and filed of record in
the Official Land Records of Weld County, Colorado, to wit:
1. Warranty Deed from JA`4ES TED SUTTER AND JOHN AVERY SUTTER to Grantees to he Agreed Upcn
conveying the land described herein.
2. Dollar amount of Policy coverage must be provided to the Company.
3. Release Deed of Trust from JOHN AVERY SUTTER AND JAMES TED SUTTER to the Public Trustee
for the use of UNION COLONY BANK in the amount of $180, 000 .00, dated MAY 15, 1997, and
recorded MAY 21, 1997 in BOOK 1607 as RECEPTION NO. 2549086 .
4. Termination Statement for the Financing Statement from AVERY FARMS, LLC AND JOHN A.
SUTTER, Debtor, to UNION COLONY BANK, Secured Party, filed on APRIL 27, 1998 as FILING
NO. 274467 . The above instrument also recorded in the Real Estate Records on APRIL 27,
1998 as RECEPTION NO. 2608: 3 .
5 .5 . Termination Statement for the Financing Statement from JOHN A. SUTTER, CAROLYN SUTTER,
JAMES T. SUTTER AND JENNIFER SUTTER DBA AVERY FARMS, Debtor, to DIVERSIFIED FINANCIAL
SERVICES, INC. , Secured Party, filed on MARCH 6, 1995 as FILING NO. 260114. The above
instrument also recorded in the Real Estate Records on MARCH 6, 1995 in BOOK 1482 as
RECEPTION NO. 2428997 .
6. Termination Statement: for the Financing Statement from JOHN A. SUTTER, CAROLYN SUTTER,
JAMES T. SUTTER AND JENNIFER SUTTER DBA AVERY FARMS Debtor, to DIVERSIFIED FINANCIAL
SERVICES, INC. , Secured Party, filed on MARCH 6, 1995 as FILING NO. 260113 .
CONTINUED NEXT PAGE
2 _
•
B-1 CONTINUE
TS4891E
The following information is disclosed pursuant to Section 10-11-122 of the Colorado
Revised Statutes, 19E7, Rep].. Vol :
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM
THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICT MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE
COUNTY ASSESSOR.
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COMMITMENT F O R TITLE INSURANCE
* * * * *
SCHEDULE B
Section 2
RE: Our Order No. : TS48918
EXCEPTIONS:
The policy or policies to be issued will contain exceptions for 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; and exceptions to the following matters
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. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6 . Taxes for the year 1999, a lien, but not yet due or payable.
*****NOTE: Please see Recuirement Item b, Schedule B, Section 1.
7. Reservation as contained in Patent recorded NOVEMBER 16, 1986 in BOOK 57 at PAGE 2 and
recorded MAY 24, 1992 in BOOK 34 at PAGE 343, said reservation being as follows :
Right of the propr:.etor of a vein or lode to extract and remove his ore therefrom
should the same be found to penetrate or intersect the premises .
8 . Right of way for ROAD purposes over the South side of subject property as evidenced by
Road Viewer' s Report recorded AUGUST 11, 1897 in BOOK 83 at PAGE 84 .
9. Right of way for COUNTY ROADS 30 feet wide on either side of section and township
lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,
recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273.
10. Right of way for Holmes Ditch as evidenced by Statement filed in the Weld County Cleric
and Recorder's Office, insofar as the same may affect subject property.
CONTINUED NEXT PAGE
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B-2 CONTINUED
TS48918
11. Right of way for McClellan and Bird Ditch as evidenced by Statement filed in the Weld
County Clerk & Recorder' s Office, insofar as the same may affect subject property.
12. Subject to a mineral reservation as disclosed by instrument recorded JULY 20, 1994 in
BOOK 1451 as RECEPTION NO. 2398455 and re-recorded SEPTEMBER 9, 1994 in BOOK 1458 as
RECEPTION NO. 2406001.
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