HomeMy WebLinkAbout992452.tiff DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
17T 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
July 23, 1999
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: Z-529
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 21,
1999. at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley,
Colorado concerning the request of
NAME: Hoshiko Farms, Inc.
FOR: Change of Zone from Agricultural to 1-3.
LEGAL DESCRIPTION: Part of the SW4 of the NW4 of Section 29, T6N, R65W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to highway 85 and approximately % mile south of Weld County Road 66.
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
Eric Jerman, 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.
EXHIBIT
1
992452 — _
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
Z-529 - Hoshiko Farms, Inc.
Norfolk Iron & Metal Company
3001 M. Victory Road
Norfolk, NE 68701
Hoshiko Farms, Inc.
28607 WCR 50
Kersey, CO 80644
Platte River Steel Co., Inc.
P.O. Box 231
Little Rock, AK 72203
Producers Livestock Marketing Association
P.O. Box P
Greeley, CO 80632
W.S.W., Inc.
P.O. Box 1290
Greeley, CO 80632
Union Pacific Land Resources Corp.
P.O. Box 2500
Broomfield, CO 80038
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
26th day of July, 1999. •
/ Df
Jennifer M ring
KAROWSKY. WITWER & OLDENBURG
CHARLES A.KAROWSKY SUITE 550.GREELEY NATIONAL PLAZA
STOW L.WITWER.JR. NINTH AVENUE AND EIGHTH STREET
R.SAM OLDENBURG GREELEY,COLORADO 8063/3994
AREA CODE 303
BETSY B KAROWBHT
3523161
JOHN J BARRY
February 23 , 1982
MEMORANDUM TO: Paul Hoshiko
FROM: Charles A. Karowsky
You have made inquiry of me concerning mineral status on the
various properties you will acquire or have acquired and which
we refer to as the ED FAGERBERG PROPERTY, GRACE FAGERBERG
PROPERTY, MASON PROPERTY and HOOD PROPERTY.
1. With reference to the EDWARD FAGERBERG PROPERTY, I have
examined a title opinion which covers the Subject Property and
which was written in April of 1969. There is absolutely no
reference to any mineral reservations contained in this opinion,
which causes me some confusion since it is an odd Section and
ordinarily there would be a reservation of all the minerals
by the Union Pacific Railroad Company.
I have reviewed the lease and option to purchase signed by
ED FAGERBERG and MONFORT FEEDLOTS back in 1969 and there is
no reference to minerals' in that instrument either. I will not
be able to give you an exact answer until I have had an opportunity
to see an up-to-date title policy or examine the abstract, but on
the basis of discussion that follow in this memo, I suspect that
Union Pacific has not reserved any of the minerals. If they
have not, then all the minerals would be with the property which
you are acquiring. I have no recollection of any reservation of
minerals by MONFORTS in their agreement with you.
2 . Reference is now made to the HOOD property, which is described
as that part of the West Half (W1) of the Northwest Quarter (NWo)
in 29-6-65, lying East (E) of Highway 85 and no mineral reservations
appear of record in either the title policy or in the deed.
The title policy does refer to a reservation by Denver Pacific
Railway, (a predecessor of Union Pacific Railroad) which reserves
a 200 foot right-of-way but no further reference to any reserva-
tions to minerals is made. This reservation was made in
1870 , which is some 20 or 25 years before Union Pacific started
reserving minerals. Since this property is also in the same
section as the ED FAGERBERG PROPERTY, it begins to appear you would
own all the minerals as it applies to the HOOD parcel . I have the
benefit of a title opinion that refers to the same property, and
I find no reference therein to any mineral reservations .
3 . Reference is now made to the GRACE FAGERBERG PROPERTY with a
description which is the Northwest Quarter (NWa) of the Northeast
Quarter (NE4) and the Northeast Quarter (NE1) of the Northwest
Quarter (NWa) of 29-6-65. In this instance it appears that
GRACE FAGERBERG owned an undivided one-third (1/3) interest in
the minerals . I gathered this information from a title opinion
dated April 7, 1969 . There does not appear to be any reference
to mineral reservations in the lease option agreement with
MONFORTS and I find no mineral reservation references in any
documents between you and MONFORTS . You will , therefore , acquire
one-third of the minerals when this transaction is eventually
closed.
4 . Reference is now made to the MASON PROPERTY, and according
to the title policy, the description is the Southeast Quarter
(SEa) of the Northwest Quarter (NWa) of 29-6-65 . Once again I
have had the opportunity of a title opinion dated in January
of 1969 and the only reference to a reservation by Union Pacific
(Denver Pacific) is of a 200 foot right-of-way.
I have also had the benefit of a title policy issued by Stewart
and there is no reference to any mineral reservations .
In summary, it would appear to me that you own or will own all
the minerals under the various properties described above, except
as to the GRACE FAGERBERG property in which instance you will
only acquire a one-third (1/3) interest.
Very truly yours,
KAROWSKY, WITW & OIDENBURG
Char es A. Karbwsky
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Subject Property Hoshiko Farms, Inc. , a Colorado Corporation
W.S.W. , Inc. , a Colorado Corporation, Applicant
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 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 date.
Ho iko Farms, Inc.
Signature
7/z0/99
Date
PROPERTY OWNERS WITHIN 500 FEET
Please print or type
NAME MAILING ADDRESS CITY/STATE/ZIP CODE ASSESSOR'S PARCEL
IDENTIFICATION#
Norfolk Iron & Metal Company 080329000004
3001 N. Victory Road, Norfolk, NE 68701
Hoshiko Farms, Inc. 080330000003
28607 W.C.R. 50, Kersey, CO 80644
Hoshiko Farms, Inc. 080329000079
• 28607 W.C.R. 50 Kersey, CO 80644
Hoshiko Farms, Inc. 080329000091
28607 W.C.R. 50, Kersey, CO 80644
Hoshiko Farms, Inc. 080330000090
28607 W.C.R. 50 Kersey, CO 80644
Hoshiko Farms, Inc. 0800330000003
28607 W.C.R. 50, Kersey, CO 80644
Platte River Steel Co. , Inc. 080329000005
P.O. Box 231, Little Rock, ARK 72203
Producers Livestock Marketing Association 080329000075
P.O. Box P, Greeley, CO 80632
W.S.W. , Inc. 080329000102
P.O. Box 1290, Grpelpy, fn 80632
Union pacific Land Resources Corp. No Identification # Available
P.O. Box 2500 Broomfield. CO 80038
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AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Subject Property Hoshiko Farms, Inc. , a Colorado Corporation
W.S.W. , Inc. , a Colorado Corporation, Applicant
THE UNDERSIGNED, 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 the minerals on or under the parcel of
land as their names appear upon the records in the Weld County Clerk and Recorder's Office, an ownership
update from a title or abstract company, or an attorney.
See Attached Title Opinions
Sign turn
Hoshiko Farms, Inc. , By: / /'Cc/CtJ
7 /z0,/99
Date
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MINERAL OWNERS AND LESSEES OF MINERAL INTERESTS
Please print or type
NAME MAILING ADDRESS
CITY/STATE/ZIP
Hoshiko Farms, Inc. 28607 W.C.R. 50, Kersey, CO 80644
10
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