HomeMy WebLinkAbout20130059.tiffRECEIVED
DEC 262 2.
WELD COUNTY
COMMISSIONERS
RESOLUTION
THIS MATTER coming before the Board of Directors of the Henrylyn Irrigation
District at its regular monthly meeting held December 5, 2012;
AND the Board being duly advised in the premises;
NOW HEREBY FINDS THAT:
Steven M. Bell 1.48 acres
Pt. NI/2NW1/4, Lot A RE -1333, Sec.25-2N-63W, Keenesburg
Weld County, Colorado
Has not paid his respective water assessments for a period of three or more years:
FURTHER, the Board finds that it would be in the best interest of the District,
and the landowners, and members, thereof, and the lien holders thereon, if any, that such
land so in default be excluded from the Henrylyn Irrigation District as it is conclusively
presumed that such lands are unproductive and unfruitful.
NOW THEREFORE, IT IS RESOLVED THAT all of the aforementioned
properties be and are hereby excluded from the list of District land for all purposes
pursuant to C.R.S. §37-41-142(2).
IN WITNESS WHEREOF the Board of Directors of the Henrylyn Irrigation
District place their hands and seals, nunc pro tunc December 5, 2012.
ATTEST:
RODN jj . BAUMGAER, Secretary
Ocyfltfyf 1 f
NNETH D. ROLLERS, President
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DAVID E. BELL, Director
S ANLEY . GINGER2H, Director
2013-0059
STATE OF COLORADO )
) SS.
COUNTY OF WELD )
EXCLUSION ORDER
Theron & Coretta P. Whitfield — Pt. E1/2SE1/4 Lot A AMDRE-3096,
Section 3, Township 1 North, Range 63 West of the 6th P.M., Weld County,
Colorado, 5.00 acres.
Theron & Coretta P. Whitfield —Pt. W1/2 Lot A RE -3528=5.50 acres and
the NW corner of SW1/4=4.45 acres, Section 15, Township 1 North, Range
63 West of the 6th P.M., Weld County, Colorado.
Brian A. & Brandi M. Olivas — Pt. SE1/4, Lot A RE -3404, Section 10,
Township 1 North, Range 63 West of the 6th P.M., Weld County Colorado,
3.00 acres.
Douglas A. Wilson — Pt. E1/2NW1/4, Section 10, Township 1 North, Range
63 West of the 6th P.M., Weld County, Colorado, 28.95 acres.
Total acres being 46.90 acres.
We, Kenneth D. Boilers, President, and Rodney W. Baumgartner, Secretary, do
hereby certify that we are respectively the President and Secretary of the Board
of Directors of the Henrylyn Irrigation District.
We further certify that, at a regular meeting of said Board, held in the office of
the District at Hudson, Weld County, Colorado, on Wednesday, December 5,
2012, there were present:
Kenneth D. Bolters President
David E. Bell Director
Stanley F. Gingerich Director
Rodney W. Baumgartner..... Secretary/Manager
We further certify that at said meeting of said Board of Directors, there was
duly and regularly adopted by the affirmative vote of all members of said Board
a resolution of which the following is a full, true, and correct copy, towit:
"WHEREAS the following described land, towit, Theron & Coretta P. Whitfield — Pt.
E1/2SE1/4 Lot A AMDRE-3096, Section 3, Township 1 North, Range 63 West of the 6th
P.M., Weld County, Colorado, 5.00 acres.
Theron & Coretta P. Whitfield —Pt. W1/2 Lot A RE -3528=5.50 acres and the NW corner of
SW1/4=4.45 acres, Section 15, Township 1 North, Range 63 West of the 6th P.M., Weld
County, Colorado.
Brian A. & Brandi M. Olivas — Pt. SE1/4, Lot A RE -3404, Section 10, Township 1 North,
Range 63 West of the 6th P.M., Weld County Colorado, 3.00 acres.
Douglas A. Wilson — Pt. E1/2NW1/4, Section 10, Township 1 North, Range 63 West of the
6th P.M., Weld County, Colorado, 28.95 acres.
Total acres being 46.90 acres.
has been included in and is a part of the Henrylyn Irrigation District and subject to irrigation
district taxes for said District; and
WHEREAS, Theron & Coretta P. Whitfield, Brian A. & Brandi M. Olivas, and Douglas A.
Wilson, owners of the above described land, have filed written petition, duly signed and verified
by said petitioners, setting forth, among other things, that said land, by reasons of location,
cannot be practically irrigated from the present works of the District, and therefore should be
excluded, and that the owner of said land, prior to the filing of said petition, paid to the County
Treasurer of Weld County all taxes due, other than taxes for irrigation district purposes of said
District, together with such penalties or fees as were chargeable thereon, or, that if such taxes
have not already been paid, the said petitioner shall pay said taxes before this resolution shall
take effect; and
WHEREAS said petition has been duly set for hearing upon this day, and that the notice of the
filing of said petition, and the time and place at which the said Board of Directors would hear the
same, and take evidence in support thereof, and take action thereon, has been duly published and
given as provided by law, and the proof thereof filed with this Board, and that the said petition,
having at the said time and place duly come to be heard before, and has been heard by, this
Board; and
WHEREAS the Board having found and decided, as a matter of fact, that the allegations of the
petition were sustained by competent and material evidence, and that the said land ought to be
excluded from the Henrylyn Irrigation District and relieved from the payment of any outstanding
and unpaid assessments for taxes for irrigation district purposes of said District.
IT IS FURTHER ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that,
for the reasons in said petition stated and proven as aforesaid, the hereinabove land be, and it is,
hereby excluded from the Henrylyn Irrigation District and relieved from the payment of any
unpaid assessments of tax levies for irrigation district purposes of said District, and the same be
in all things abated and discharged, and that the said land is not now subject to assessment or
taxation for the purposes of said District, and that the inclusion of said land in said District be,
and the same is, hereby rescinded and cancelled, and that a copy of this resolution, certified by
the President and Secretary of this Board, be delivered to the Board of County Commissioners
and the County Assessor, of Weld County, Colorado, notifying them of the action taken by this
Board, and that said land has been excluded from said District and it is not now subject to
taxation for irrigation district purposes of the Henrylyn Irrigation District, and that the County
Assessor be directed to omit said land from any assessment made, or to be made by him for
irrigation district purposes of said District, and also that a certified copy of this resolution be
filed for record in the office of the Clerk and Recorder of Weld County, Colorado."
IN WITNESS WHEREOF we have hereunto subscribed our names and affixed the seal of the
District, this the 5th day of December , 2012 A.D.
President
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
INCLUSION ORDER
Douglas A. Wilson — Pt. E1/2NW1/4, Section 10, Township 1 North, Range 63
West of the 6th P.M., Weld County, Colorado, 46.90 acres.
We, Kenneth D. Boilers, President, and Rodney W. Baumgartner, Secretary, do
hereby certify that we are respectively the President and Secretary of the Board of
Directors of the Henrylyn Irrigation District.
We further certify that, at a regular meeting of said Board, held in the office of the
District at Hudson, Weld County, Colorado, on Wednesday, December 5, 2012,
there were present:
Rodney W. Baumgartner Secretary/Director
Kenneth D. Boilers President
David E. Bell Director
Stanley F. Gingerich Director
We further certify that at said meeting of said Board of Directors, there was duly
and regularly adopted by the affirmative vote of all members of said Board, a
resolution of which the following is a full, true, and correct copy, towit:
•
"WHEREAS, Douglas A. Wilson, owner of a parcel of land being— Pt. E1/2NW1/4, Section 10,
Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, 46.90 acres.
has filed with this Board, a written petition containing all the allegations and averments
necessary by law to be contained therein, praying for the inclusion of the above described land in
the Henrylyn Irrigation District; and
WHEREAS said petition has been duly set for hearing upon this day, and the notice of the filing
of said petition, and time and place at which the Board of Directors of the Henrylyn Irrigation
District would hear the same and take evidence in support thereof, and take action thereon, has
been duly published as provided by law, and the proof thereof filed with this Board, and the
petition, having at said time and place duly come to be heard before, and has been heard by, this
Board; and
WHEREAS, after careful consideration of the evidence before it, the Board did then and there
find and determine that it was for the best interest of the District to include said land in, and
make same a part of, said District.
IT IS THEREFORE ORDERED, by the Board of Directors of the Henrylyn Irrigation District,
that for the reason in said petition stated and proven, as aforesaid., that the prayer of the petition
for the inclusion of land of said, Douglas A. Wilson, and the same is, hereby allowed and
granted and that the said hereinabove described land be, and the same is, hereby included in and
made a part of the Henrylyn Irrigation District, subject to the payment of all assessments or tax
levies for the irrigation district purposes of said District, and that in case no protest in writing be
filed within thirty days of date, signed by a majority of the legally qualified electors of said
District, that a copy of this resolution, certified by the President and the Secretary of this Board,
shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado, and
also there shall be delivered to the Board of County Commissioners and the County Assessor of
Weld County, Colorado, each a copy of this order, notifying them of the action taken by this
Board and that said land has been included in said district, and that the County Assessor be
directed to include said land in any assessment to be made by him for irrigation district purposes
of said District."
IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the seal of the
District, this 5th day of December , 2012 A.D.
President
ATTEST:, —
Secretary
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