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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 Erna— rna State of C-eiereA ) ) ss. 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,� \�hti\SSlp�j•OBi2ZP. Notary Public `4: NOTARY 9,;:'� ••• cn•* My commission expires: L/ /�e ., PUBLIC ; 9 aa..Of