HomeMy WebLinkAbout20130889.tiffOctober 2006
PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT,
NORTHERN COLORADO WA I _ ER CONSERVANCY DISTRICT
I . All the owner(s) of lands situated in the County of Weld , State of Colorado,
hereby petition(s) and pray(s) that the lands hereinafter described be included in said
Municipal Subdistrict, Northern Colorado Water Conservancy District ("Subdistrict").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION
Carl R. Oswald Trust LLC
SEC.TWP.RGE. ACRES
Nine +
TRACT "A",
OF AMENDED RECORDED EXEMPTION NO. 1313 -11 -3 -RE -248,
AS PER MAP RECORDED JUNE 4, 1981 AT RECEPTION NO. 1859671, WELD COUNTY RECORDS,
BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68
WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. TOGETHER WITH A TWENTY
FOOT UTILITY EASEMENT AS CONTAINED WITHIN THE BOUNDARY LINES OF SAID PROPERTY AS
CONVEYED BY DEED RECORDED JULY 18, 1978 IN BOOK 838 AT RECEPTION NO. 1760436, WELD
COUNTY RECORDS.
AND EXCEPT LEGAL DESCRIPTION AS SHOWN IN INSTRUMENT RECORDED MARCH 11, 1998 AT
RECEPTION NO. 2599113.
Also known as: 10500 E. I-25 Frontage Road, Longmont, Colorado 80504
TOTAL ACRES INCLUDED Nine+
3. A plat of the above described property is attached hereto as Appendix "13."
AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00
H:\LAND-ALL\C0NLEY\F0RMS\petition.inc-subd.doc 2013-0889
�.vv\C &xvt c a cMS if -943
4. All the owner(s) of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act, C.R.S. § 37-45-101 et. seq., as
amended from time to time, and all rules, regulations, and policies of the Subdistrict as
amended or changed from time to time.
5. All of the owner(s) of the above described property hereby agree(s) that inclusion of the
above described lands into the Subdistrict is conditioned on present and future payment of
the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict at the time of inclusion of the Petitioner(s)
lands. If such payments are not made on such equal basis, the inclusion of the lands can be
terminated for non-compliance with this condition if payments are not otherwise made.
6. All the owner(s) of the above described property have executed Appendix "A" attached
hereto.
THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
SIGNATURES
STATE OF COLORADO)
)
County of LAD/Lim-e-1
) ss
TITLE
(if in relation to
a Partnership or a
Corporation)
ADDRESS
14707 N. 95th St.,
Longmont, Colo 80504
The foregoing instrument was acknowledged before me this day of
A.D. 2015, by
Carol L. Oswald —Yoakum
Witness }, nd and Seal.
`\����t tint i rfl�N//i
`` P(Z1LYN CEOI;.../'
NOrAR 2!�` —_
I%qf: PUBLIC •. \`_
o�,'ss;'Ftu��iLtO, 2��
0
on.xr;K os-1--
N:\LAND-AL? CONLEY\FORMS\petition.inc-subd.doc
My commission expires:
/0
arc/ s4-- fl ad,5-
Notary Public ,�
C
APPENDIX" ,A"
Purpose
The purpose of this covenant is to subject Petitioner's property, described in the petition for inclusion and
court order for inclusion, to the same mill levies and special assessments as are levied or will be levied on.
other similarly situated property in the Municipal Subdistrict ("Subdistrict") of the Northern Colorado Water
Conservancy District at the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, § 20 of the
Colorado Constitution before the Subdistrict can impose the mill levies and special assessments specified
below. Petitioner also waives any right which may exist to a refund pursuant to article X, § 20 of the
Colorado Constitution.
Mill Levies and Special Assessments
Upon inclusion into the Subdistrict, and as an express condition thereof, Petitioner covenants to pay any and
all special assessments levied by the Board of Directors of the Subdistrict against Petitioner's property in the
event the municipality or public corporation in which Petitioner's property is located defaults on payment of
its obligations under existing or future allotment contracts with the Subdistrict. Such obligations include, but
are not limited to:
I . Repayment of the bonded indebtedness of the Windy Gap Project.
2. Payment of the annual costs incurred by the Subdistrict in the administration, operation,
maintenance, repair and rehabilitation of Windy Gap facilities and such other annual costs as
may arise from and be attributable to the operation of the Windy Gap Project.
Covenant to Run.with the Land
This covenant will run with and burden the property described in the petition for inclusion and court order
for inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A."
DATE SIGNATURES
C
ti%mot e)7.075 ��r' �S'�i� .00-ezv&77e-1 /Y7,
ADDRESS
N:\LAND-ALL\CONLEY' F0RMS\petition.inc-subd.doc
Hello