HomeMy WebLinkAbout20120683.tiff �t� r A •
January 2011
PETITION FOR INCLUSION OF LANDS IN
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
. 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
Northern Colorado Water Conservancy District ("Northern Water").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
RUBEN J. RODRIGUEZ, PART SW1/4 SW1/4, SECTION 29,T2N. R66 W. 3.389
LEGAL DESCRIPTION:
ALL THAT PART OF THE SW1/4 OF THE SW1/4 OF SECTION 29. TOWNSHIP 2 NORTH.
RANGE 66 WEST OF THE 6TH P.H.. WELD COUNTY, COLORADO, DESCb•IBED AS FOLLOWS: ;
BEGINNING AT THE SOUTHWEST CORNEA OF THE SW1/4 OF SAID SECTION 29; THENCE.
NORTH 00 DEGREES 05'35" WEST ON AN ASSUME)) BEARING ALONG THE WEST LINE OF
SAID SW1/4 439.11 i'EET; THENCE NORTH 90 DEGREES 00'[00' EAST PARALLEL WITH THE
SOUTH LINE OF SAID SW1/4 35.0 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF U.S. HIGHWAY NO. 85., SAID POINT BEING THE TRUE POINT OF BEGINNING 'THENCE
CONTINUING NORTH 90 DEGREES EAST 371.15 FEET TO A POINT ON THE WEST RT'GHT'OP-
WAY LINE OF THE twos PACIFIC RAI,ROAD; •THENCE SOUTH 00 DEGREES 12'44" EAST
ALONG SAID WEST PIQIT-Ce-WAY LINE 409.11 PEET TO A POINT 30..0. FEET NORTH OF
THE SOUTH LINE OF SAID SW1/4: THENCE SOUTH 90 DEGREES WEST PARALLEL WITH SAID
SOUTH' LINE' $11114. 271.49-- BEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE Of
HIGHWAY NO. 85: THENCE NORTH CO DEGREES 05'35' WEST PARALLEL WITH SAID WEST
LINE SW1/4 AND AE,ONG SAID EASTERLY 'RIGHT-of-WAY LINE 1.80 FEET TO A POINT CO
THE NORTHEASTERLY RIGHT-OFWAIF LINE ce SAID U.S. HIGHWAY NO; a5: THENCE NORTH
50 DEGREES 0030.4 WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE 130.69 FEET
TO A POINT ON THE EAST RIGHT-OF-WAY LINE OP SAID U.S_ HIGHWAY NO. 85, SAID
POINT BEING 35.0 FEET EAST of SAID WEST LINE SW1/4 AND 115.80 FEET NORTH OF
SAID SOUTH- LINE SW1/4; THENCE NORTH O.0 DEGREES 05'35' WEST ALONG SAID EAST
RIGHT-OF-WAY LINE 323.31 FEET To THE TRUE PRINT OF EE::INNING. •
TOTAL ACRES INCLUDED _3.389
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $ 207,540
AMOUNT OF NORTHERN WATER FACILITIES •
FEE ENCLOSED $ 2,843.30 .: �' •
AMOUNT OF NORTHERN WATER PROCESSING
FEE ENCLOSED $ 200.00
TOTAL $_3,043.30 •
•
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06Y(Irn Ln C C) 2 J
2012-0683
C:1DIDATS141WORDS91292N6 RIBENS 2011 NORTHERN INCLUSIONPETITION-DISTR1CT.dix
3. A plat of the above described property is attached hereto as Appendix "C."
4. All the owner(s) of the above described property hereby agree(s)to pay to Northern Water an
amount which is equal to the ad valorem taxes which would have been paid to Northern
Water by the owners of the above described lands if said lands had been included within the
boundaries of Northern Water at the time of its creation. This amount will be calculated in
accordance with the policy of Northern Water. a copy of which is attached as Appendix "B."
5. All the owner(s) of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act. C.R.S. ' 37-45-101 et. seq., as
amended from time to time, and all rules. regulations, and policies of Northern Water as
amended or changed from time to time.
6. All of the owner(s) of the above described property hereby agree(s) that inclusion of the above
described lands into Northern Water is conditioned on present and future payment of the same
mill levies and special assessments as are levied or will be levied on other similarly situated
property in Northern Water at the time of inclusion of the Petitioner(s) lands. If such payments
are not made on such equal basis. the inclusion of the lands can be terminated for non-
compliance with this condition if payments are not otherwise made.
7. All the owner(s) of the above described property have executed Appendix "A" attached
hereto.
THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
TITLE
(if in relation to
a Partnership or a
G ATIJRES Corporation) ADDRESS
i
232 ELIZABETH COURT. FORT LUPTON. CO 80621
•
STATE OF COLORADO
)ss
County of tJ$
The foregoing instrument was acknowledged before me this / t" day of I '' f}K(( ,
A.D. 20 n, by RUBEN J. RODRIGUEZ
•6 1,
•tne�s my hand an N QS�. My commission expires: ,c3/¢
_a.'I t)
G�-
� r :� Notary Public
C:ADVDATS I4 RDS9A292N6 RIJEENS 2011 NORTHERN INCLUSIONPETITION-DISTRICT.doc
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 Northern Colorado Water Conservancy District ("Northern Water")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 Northern Water 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 Northern Water, and as an express condition thereof, Petitioner covenants to pay the
following mill levies and special assessments:
1. Any Class A mill levy or special assessment levied annually by Northern Water and imposed on
other similarly situated property within Northern Water.
2. If Petitioner's property is now or is in the future located within a municipality which has an
existing or future Class B Allotment of water by Northern Water,and if said municipality
defaults on payment of its obligations under any existing or future Class B allotment contract(s)
with Northern Water, Petitioner agrees to pay any special assessment levied by the Board of
Directors of Northern Water for the purpose of collecting amounts due under the allotment
contract(s).
Any amount due under any existing or future Class D allotment contract on Petitioner's property.
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 ADDRESS
--aS-; (� 21;2 ELIZABETH COURT, FORT
LUPTON,CO 80621
I
C:ADADATSI4\WORDS9A292N6 LUMENS 2011 NORTHERN INCLUSIONPEtITION-DISTRICT.doe
APPENDIX "B"
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-1079-02-03
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS,the inclusion of lands into the Northern Colorado Water(onsenancc District(Northern Water)makes those lands
eligible to receive water from the Colorado-Big Thompson(C-BT) Project facilities: and
•
WHEREAS.those lands included ithin Northern Water commencing in 1938 have contributed to the cost of construction
repayment.operation,maintenance.replacement.and administration of the C-B I Project since the time of their inclusion through
the generation of ad valorem taxes:and
WHEREAS,fairness and equity require that lands new h included o ithin Northern Water he placed on the same basis as those
lands originally included within Northern Water so that all lands included within Northern Water will have contributed
approximately equally to the support of the C-BT Project.
NOW,THEREFORE,BE IT RESOLVED THAT:
1. A fee shall be charged in connection with the inclusion of lands into Northern Water for the purpose of placing •
such lands on an equal basis with lands previously included within Northern Water.This fee shall be calculated as
follows:
The sum of the historical (1937 to current year) ad valorem tax revenues received by Northern Water from
Lorimer, Weld,and Boulder Counties and that portion of the City and County of Broomfield that was formerly
part of Boulder and Weld Counties, divided by the current assessed valuation of Northern Water lying within
those same counties times the current assessed valuation of the properly and improvements to be included. •
Example:
•
Revenues From 4 Counties To Date x Current Assessed Valuation of Property
•
Current Assessed Valuation of and Improvements to Be Included •
Northern Water Within 4 Counties
For Calendar Year 2010:
$192.117.760 x Current Assessed Valuation of Property and Improvements ,i;��
$14,005,159,046
or 0.0137 x Current Assessed Valuation of Property and Improvements
The ratio determined above will be re-computed annually by Northern Water based on the most recent calendar-
year assessed valuation and will be made available upon request. It will be the responsibility of the petitioner to
furnish the current assessed valuation of the property and improvements to be included at the time the petition for
inclusion is submitted to Northern Water.
2. As an alternative, Northern Water C-BT facilities inclusion fee may be calculated as the total amount of ad
valorem taxes on the property and improvements to be included which would have been collected by Northern
Water under its annual historic mill levy had the lands been included in Northern Water from 1937 to the date of -'
the petition for inclusion.The petition to Northern Water for inclusion, if this alternative is selected by petitioner,
shall be accompanied, or supplemented by, a certified list of annual assessed valuations on the property and
improvements to be included from 1937 to the date of the petition for inclusion.
3. In its discretion in individual eases involving a large number of individual parcels of property to be included,the
Board may permit the method described in Section 2 above to be applied to a representative sample of the parcels
of property to be included to determine a factor that would then be applied to the current assessed valuation of all j
of the property and improvements to be included. F,
4. Satisfactory arrangements for payment of fees must be made with Northern Water before the inclusion will be
approved by the Board of Directors.
5. The previous Board Resolution D-986-02-97 is hereby repealed.
C:ADVDATSI4\WORDS9\292N6 RUBENS 2011 NORTHERN INCLUSIONPETITION-DISTRICT.doc
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