HomeMy WebLinkAboutCAPSTONE COTTAGES - FDP - FDP150046 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL NOTICEPROVIDED TO THE MINERAL ESTATE OWNER PURSUANT TO SUBSECTION (1) OF THIS
SECTION.
(5) A MINERAL ESTATE OWNER MAY WAIVE THE RIGHT TO NOTICE UNDER THIS
SECTION IN WRITING TO THE APPLICANT.
24-65.5-I03. Notice requirements. (1) NOT LESS THAN THIRTY DAYS BEFORE THE
DATE SCHEDULED FOR THE INITIAL PUBLIC HEARING BY A LOCAL GOVERNMENT ON AN
APPLICATION FOR DEVELOPMENT, THE APPLICANT SHALL SEND NOTICE, BY FIRST CLASS
MAIL, TO:
(a) THE MINERAL ESTATE OWNER. SUCH NOTICE SHALL CONTAIN THE TIME AND PLACE
OF THE INITIAL PUBLIC HEARING, THE NATURE OF THE HEARING, THE LOCATION OF THE
PROPERTY THAT IS THE SUBJECT OF THE HEARING, AND THE NAME OF THE APPLICANT.
(b) THE LOCAL GOVERNMENT CONSIDERING THE APPLICATION FOR DEVELOPMENT.
SUCH NOTICE SHALL CONTAIN THE NAME AND ADDRESS OF THE MINERAL ESTATE
OWNER.
(2) (a) THE APPLICANT SHALL IDENTIFY THE MINERAL ESTATE OWNER BY EXAMINING
THE RECORDS IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF THE COUNTY IN
WHICH THE REAL PROPERTY IS LOCATED. NOTICE SHALL BE SENT TO THE MINERAL
ESTATE OWNER IF THE RECORDS IN THE OFFICE OF THE COUNTY CLERK AND RECORDER
ESTABLISH:
(I) THE IDENTITY OF THE OWNER OF THE MINERAL ESTATE; OR
(II) THAT AN APPLICABLE REQUEST FOR NOTIFICATION FORM PURSUANT TO
SUBSECTION (3) OF THIS SECTION IS OF RECORD; OR
(III) THAT THE MINERAL ESTATE OWNER HAS RECORDED AN INSTRUMENT SATISFYING
ANY APPLICABLE DORMANT MINERAL INTEREST ACT.
(b) IF SUCH RECORDS DO NOT IDENTIFY ANY MINERAL ESTATE OWNERS, THE
APPLICANT SHALL BE DEEMED TO HAVE ACTED IN GOOD FAITH AND SHALL NOT BE
SUBJECT TO FURTHER OBLIGATIONS UNDER THIS ARTICLE. THE APPLICANT SHALL. NOT
BE LIABLE FOR ANY ERRORS OR OMISSIONS IN SUCH RECORDS.
(3) A MINERAL ESTATE OWNER OR MINERAL ESTATE OWNER'S AGENT MAY FILE IN THE
OFFICE OF THE COUNTY CLERK AND RECORDER OF THE COUNTY IN WHICH THE REAL
PROPERTY IS LOCATED A REQUEST FOR NOTIFICATION FORM THAT IDENTIFIES THE
MINERAL ESTATE OWNER'S MINERAL ESTATE AND THE CORRESPONDING SURFACE
ESTATE BY PARCEL NUMBER AND BY SECTION, TOWNSHIP, AND RANGE NUMBERS. THE
CLERK AND RECORDER SHALL FILE REQUEST FOR NOTIFICATION FORMS IN THE REAL
ESTATE RECORDS FOR THE COUNTY AND SHALL ALSO KEEP AN INDEX OF REQUEST FOR
NOTIFICATION FORMS.
(4) LOCAL GOVERNMENTS SHALL, AS A CONDITION OF APPROVAL OF AN APPLICATION
FOR DEVELOPMENT, REQUIRE THE APPLICANT TO CERTIFY THAT NOTICE HAS BEEN
J
City of
Fort Collins
Community Dev6)pnhent & Neighborhood Services
281 N College Ave. P.O. 13ox 590
Fort Collins, CO 90526
Phone 970-416-274o hIN 970-224-6134
CERTIFICATION OF MINERAL ESTATE OWNER NOTIFICATION
PROJECT NAME: i HC- r E. C a1-t-�N S
CITY OF FORT COLLINS FILE NUMBER: T-- D P 1 500 4l0
EY The undersigned does hereby certify that the developer/applicant for the above
named Application for Development in the City of Fort Collins has provided
notice as required pursuant to Section 24-65.5-103 of the Colorado Revised
Statutes to any owner or lessee of a mineral estate underneath a surface estate
that is subject to the Application for Development, or that the developer/applicant
has obtained a waiver of the right to notice from any such mineral estate owner.
❑ If a waiver has been obtained, a copy thereof must be attached to this certificate.
Indicate by checking the box if attaching a copy of the waiver signed by all
mineral estate owners.
❑ Indicate by checking the box if the undersigned certifies that the mineral estate
has not been severed from the surface estate for the above named Application
for Development.
Applicant's Signature: ,.`� �� .,�a2Q CV1ao Date: 17- to is
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State of C-eiereA )
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County of TC soP )
Acknowledged before me this day of t>� ((9M64,Y 20_ by
S. ,D&VIs M ctxK" 11
Witness my hand and official sealx%,�\\�SULANNFq�/is,�
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Notary Public `4: NOTARY 9,;:'�
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My commission expires: L/ /�e ., PUBLIC ;
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