HomeMy WebLinkAbout07. Certification of Mineral rights responseC. Garfield County l
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
_ I own the entire mineral estate relative to the subject property; or
X Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner
Estate of Vera S. Herin and Estate of Rudolph Herin
Mailing Address of Mineral Owner
c/o Laura Engstrom, P.O. Box 924, Glenwood Springs, CO 81602
RFLANDCO LLC
402 Park Avenue, Unit A. Basalt, CO 81621
See attached letter from Balcomb & Green, P.C.
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
Ap
cant's Signature
Date
:re BALCOMB&GREEN
WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTI 1963
Chad J. Lee
Office (970) 945-6546
Direct (970) 928-3469
clee@balcombgreen.com
November 16, 2020
Vincent Hooper, Planner III
Garfield County Community Development Department
108 8th Street, #401
Glenwood Springs, CO 81601
Re: RFLANDCO LLC - Application for Limited Impact Review for Professional Office in Rural Zone
Dear Mr. Hooper:
We are writing this letter to you in accordance to your Pre -Application Summary Conference dated
November 10, 2020. Our office conducted the mineral owner research for Assessor's Parcel Number
2391-321-00-043, located at 17352 Highway 82, Carbondale, Colorado (the "Property") in accordance with
the Memo dated June 24, 2014 from the Garfield County Attorney's Office. As set forth in this memo,
the Garfield County Land Use and Development Code require an Applicant to provide notice to mineral
owners in accordance with C.R.S. § 24-65.5-101 "as such owners can be identified through records in the
office of the Clerk and Recorder or Assessor, or through other means." GCLUDC 4-101(E)(4). Section
24-65.5-101 requires that an applicant notify a mineral estate owner who either (1) is identified as such by
the county tax assessor's records; or (2) has filed in the Clerk and Recorder a request for notification. If
such records do not identify any mineral estate owners, including their addresses of record, "the applicant
shall be deemed to have acted in good faith and shall not be subject to further obligations...." By this
letter, the Applicant certifies that mineral owners have been researched for the subject property as required
pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use
and Development Code, as amended. As a result of that research, the Applicant certifies that the minerals
are owned by the parties listed below.
On November 13th we conducted the following tasks:
1. We researched the Garfield County Clerk and Recorder's index of mineral owner requests for
notification per C.R.S. § 24-65.5-101 and confirmed that no mineral owner for the Property
has filed a request for notification;
2. We reviewed a title commitment for the Property, which disclosed a reservation of '/a of the
minerals in 1950 to Vera S. Herin and Rudolph Herin, pursuant to that certain Deed recorded
November 15, 1950, as Reception No. 174108. We conducted further research in the Clerk
and Recorder's records and were unable to find a conveyance document of these minerals to
a third party. We were able to confirm, however, that both Mr. and Mrs. Herin are deceased.
Therefore, it is our belief that this mineral interest still resides in the estate of both Mr. and
Mrs. Herin. Below is the address we were able to find through this research:
ASPEN I BUENA VISTA I GLENWOOD SPRINGS I LAMAR
Post Office Box 790 I Glenwood Springs, Colorado 81602 1970.945.6546 I BalcombGreen.com
: a BALCOMB&GREEN
WATER LAW I N(ALESTATE I LITIGATION I MINING 11T1 1111
Estate of Vera S. Herin and Estate of Rudolph Herin
c/o Laura Engstrom, Personal Representative
PO Box 924
Glenwood Springs, CO 81602
Garfield County
Community Development
November 16, 2020
Page 2 of 2
3. We spoke with Casey at the Garfield County Assessor's office. The Assessor's office indicated
they have no record of mineral owner accounts for the Property.
Applicant acknowledges that it has reviewed C.R.S. § 24-65.5-101, et seg, and it is in compliance
with said statute and the LUDC. This satisfies our obligations under Colorado law and the County's Code.
We look forward to working through this application with your office.
Sincerely,
BALCOMB & GREEN, P.C.
By:
Chad J. Lee
ASPEN I BASALT I GLENWOOD SPRINGS I LAMAR
Post Office Box 790 I Glenwood Springs, Colorado 81602 1800,836,55928 1970,945,6546 I Balcomb0reen.com