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Home My WebLink About20111568.tiff P-E a>1 /aim-64\ GRANTED It is hereby ORDERED that upon receipt of this order the moving party yyy,,,��-,,�,, �_ 6\ �J o' shall mail or deliver a copy to any pro CG t�- � *% se party who has entered an appearance *� in this action. James Hartmann District Court Judge DATE OF ORDER INDICATED ON ATTACHMENT 1� EFILED Document—District Court Q� 1937CV9454 CO Weld County District Court 19th JD Filing Date:Aug 17 2011 12:37PM MDT Filing ID:39332692 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Court Address: 901 9th Avenue Greeley, Colorado 80631 IN THE MATTER OF THE MUNICIPAL A COURT USE ONLY SUBDISTRICT,NORTHERN COLORADO WATER CONSERVANCY DISTRICT Case Number: 1937CV9454-S1 Div.: 1 Ctrm.: ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE BOUNDARIES OF THE MUNICIPAL SUBDISTRICT,NORTHERN COLORADO WATER CONSERVANCY DISTRICT This matter comes on regularly before this Court on this day of ,2010, on the Motion of the Board of Directors of the Municipal Subdistrict, Northern Colorado Water Conservancy District("Subdistrict") for an Order that the hereinafter described lands shall be conditionally included in the Subdistrict. The Court, having considered said Motion and being advised of the premises, finds as follows: 1. Pursuant to C.R.S.§§ 37-45-120 and 37-45-136(2), as amended, certain owners of lands("Petitioners")have filed with the Board of Directors of the Subdistrict("Board") a Petition in writing requesting that such lands be included within the Subdistrict ("Petition"), which Petition described the tracts of land owned by the Petitioners and is acknowledged as conveyances of land are required to be acknowledged. 2. The Petitioners and the lands sought to be included are set forth in Exhibit 1 attached hereto and incorporated herein by reference. 3. The Secretary of the Board caused notice of filing of the Petition ('Notice")to ' be given and published in Weld County, Colorado, in which said lands are situated, which Notice stated the filing of the Petition,the names of the Petitioners, descriptions of the lands to beincluded 111111111111111111111111III IIIII1111111III IIIL 1111 1111 II a.ia 1 1 / 0.,1.1-'‘.k7fie 1J � � 3791017 09/08/2011 03aiP Weld County, CO Soo I 1 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder 0 I -- l a I 1111111 11111 111111111111t111111111111111111111111 3791017 09/08/2011 03:11P Weld County, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder and the request of the Petitioners, and notified all persons interested to appear at the office of the Board at the time stated in the Notice and to show cause in writing, if any, why the Petition should not be granted. 4. The Board, at the time and place so mentioned,proceeded to hear the Petition. No objections to the Petition were presented in writing or orally by any person, and the Board granted the Petition on certain conditions and made and filed herein its Order to that effect. WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit I attached hereto, shall be and are included in the Municipal Subdistrict,Northern Colorado Water Conservancy District,conditioned on future payment of all mill levies and assessments which are levied or which will be levied on other similarly situated lands in the Subdistrict at the time of inclusion of Petitioners' lands. If such payments are not made on such equal basis with similarly situated existing lands, Petitioners' lands are subject to exclusion for noncompliance with this condition, if the payments are not otherwise made. DATED this day of , 2011. BY THE COURT JUDGE 2 1111111 IIIII 111111 111111 III Iilll Illilll ifl 11111 1111 1111 3791017 09/08/2011 03:11P Weld County, CO 3 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder • Exhibit I 2936 LLC A tract of land situated in Section 8,Township 3 North,Range 66 West of the 6th P.M., County of Weld, State of Colorado described as Lots A, B, C, and D of Recorded Exemption No. 1211-8-1-RE5001 as recorded in Reception No.3705531. 141.07 acres 3 , • AIM 11111111111 NUM 111111111111III11111IIIIlilt 3791017 09/08/2011 03:11? Weld County, CO 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder -,-:Men t m� -,a rf1Ln.. of ae eaur,-.d.1 'mid h created n secli. Current Date: Aug 17,2011 Case Number: 1937CV9454 Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY /s/Judge James Francis Hartmann Date of d =h titer' I• me custody- Certified copy nd correct Dated GATHER Clerk of the District/county Court Wet (county, Colorado _t Deputli phMunicipal Subdistrict Northern Colorado Water Conservancy District 220 Water Avenue• Berthoud,CO 80513 •970-532-7700 •fax 970-532-0942 RECEIVED AUG 032011 July 29, 2011 Weld County riernhig Department GREELEY OFFICE Mr. Kim Ogle Planner Manager Weld County Planning Department 1400 N. 17'h Avenue Greeley, CO 80631 Dear Mr. Ogle: Enclosed for your information is a copy of the Petition for Inclusion which we have received this past month for inclusion within the boundaries of the Municipal Subdistrict,Northern Colorado Water Conservancy District (Subdistrict). This Petition will be acted upon by the Board of Directors of the Subdistrict at the Board Meeting to be held at 9:00 A.M. on September 9, 2011, at the Subdistrict's office, 220 Water Avenue, Berthoud, Colorado. Also, the Petitions for Inclusion in the names of Roy and Jo Ellen Murray, the Julie Hanscome Living Trust, 2936 LLC and Plumb Ridge LLC that were forwarded to you on May 31, 2011, were approved by the Board of Directors at their meeting on July 8, 2011. These lands will be included within the boundaries of the Subdistrict pending approval by the District Court. Copies of the recorded Court Orders will be sent to you as soon as we receive them. If you have any questions, please feel free to give me a call at 970-622-2216. Sincerely, )A4 J of,s2z, Marilyn L. Conley Inclusions Administrator 0201/— 7i%? me Enclosure October 2006 PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. 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 SEC.TWP.RGE. ACRES Plumb Ridge LLC Vacant Lots Legal: Lot A, B and C of Recorded Exemption No.0963-36-2 RE-5024 of Lot B RE-1695 being a part of the W2 of Section 36,Township 5 North, Range 64 West, of the 6th P.M., as per survey plat recorded on 10/13/2010 at reception number 3725088 in Weld County, Colorado—see attached survey plat Total Acres: 43 acres+- TOTAL ACRES INCLUDED 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 H ALAND-ALL\CONLEYWORM S\petition.inc-subd.doc 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. MI 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 [ME (if in relation to SIGNATURES a Partnership or a Corporation) ADDRESS Plumb Ridge LLC Manager 14339 WCR 74 By, Todd Bean Eaton, Colorado 80615 X STATE OF COLORADO) )ss County of Weld ) The foregoing instrument was acknowledged before me this 12th day of July, A.D. 2011, by Todd Bean,Manager of Plumb Ridge LLC Witness 1�an r My commission expires: i(-2O7 gallotary Public •....... loo. OFamitiNse H:\LAND-ALL\CONLEY\FORMS\petition.inc-subd.doc STATE OF COLORADO) ) ss County of ) The foregoing instrument was acknowledged before me this day of A.D. 20 ,by Witness my hand and Seal. My commission expires: Notary Public STATE OF COLORADO) )ss County of The foregoing instrument was acknowledged before me this day of A.D. 20 ,by Witness my hand and Seal. My commission expires: Notary Public STATE OF COLORADO) )ss County of ) The foregoing instrument was acknowledged before me this day of A.D. 20 ,by Witness my hand and Seal. My commission expires: Notary Public H:\LAND-ALL\CONLEY\FORMS\petition.inc-subd.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 Municipal Subdistrict(ASubdistrict@)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: 1. 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 ADDRESS 7/12/11 Todd Bean 14339 WCR 74 Manager, Plumb Ridge LLC Eaton, Colorado 80615 X H:\LAND-ALL\CONLEP\FORMS\petition.inc-subd.doc La Northern Water Northern Colorado Water Conservancy District RECEIVED 220 Water Avenue Berthoud,Colorado 80513 Phone 1-800-369-7246•Fax 1-877-851-0018 www.northernwater.org AUG 0 3 2011 July 29, 2011 Weld County Planning Depart GREELEY OFFJCE Mr. Kim Ogle Planner Manager Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: The Petitions for Inclusion in the names of Roy and Jo Ellen Murray and the Julie Hanscome Living Trust that were forwarded to you on May 31, 2011, were approved by the Board of Directors of the Northern Colorado Water Conservancy District (Northern Water) at their meeting on July 8, 2011. These lands will be included within the boundaries of Northern Water pending receipt of the Secretarial Assent from the Bureau of Reclamation and approval by the District Court. Copies of the recorded Court Orders will be sent to you as soon as we receive them. If you have any questions, please feel free to give me a call at 970-622-2216. Sincerely, C7 Marilyn L. Conley Inclusions Administrator me October 2006 PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. 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 SEC.TWP.RGE. ACRES Plumb Ridge LLC Vacant Lots Legal: Lot A, B and C of Recorded Exemption No. 0963-36-2 RE-5024 of Lot B RE-1695 being a part of the W2 of Section 36, Township 5 North, Range 64 West, of the 6th P.M., as per survey plat recorded on 10/13/2010 at reception number 3725088 in Weld County, Colorado—see attached survey plat Total Acres: 43 acres+- TOTAL ACRES INCLUDED 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 H:\LAND-ALL\CONLEY\EOR M S\petition.inc-subd.doc rf a ;cc) MkMunicipal Subdistrict Northern Colorado Water Conservancy District 220 Water Avenue • Berthoud,CO 80513 • 970-532-7700 • fax 970-532-0942 R LIVED du , 11 3 7011 May 31, 2011 Weld Cou. nartment GRE_ Mr. Kim Ogle Planner Manager Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: Enclosed for your information are copies of the Petitions for Inclusion which we have received this past month for inclusion within the boundaries of the Municipal Subdistrict,Northern Colorado Water Conservancy District (Subdistrict). These Petitions will be acted upon by the Board of Directors of the Subdistrict at the Board Meeting to be held at 9:00 A.M. on July 8, 2011, at the Subdistrict's office, 220 Water Avenue, Berthoud, Colorado. Also, the Petition for Inclusion in the name of Coronet Investment LLC that was forwarded to you on March 28, 2011, was approved by the Board of Directors at their meeting on May 13, 2011. These lands will be included within the boundaries of Subdistrict pending approval by the District Court. A copy of the recorded Court Order will be sent to you as soon as we receive it. If you have any questions, please feel free to give me a call at 970-622-2216. Sincerely, Marilyn L. Conley Inclusions Administrator me Enclosures C.E5 CC,1 C Olin luj11ancit7- (4 -71aC1f 2011-1568 , October 2006 PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. 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 SEC.TWP.RGE. ACRES 2936 LLC Lots A, B, C, and D Recorded Exemption No. 1211-8-1- RE5001 8 3N 66W TOTAL ACRES INCLUDED 142.04 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 H:\LAN D-ALL\CON LEY\FORMS\petition.inc-subd.doc 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 TITLE (if in relation to a Partnership or a SIGNATURES Corporation) ADDRESS L (jA742i /1 tr . 701 2,i hi j‘i- LR�lw l�n , C✓ '3V ksj STATE OF COLORADO) ( V )ss County of i I ) The foregoing instrument was acknowledged before me this day of , A.D. 20 / ( , by 6J G--c L /1-, /)+� �—'� MY COMMISSION EXPIRES Witness my hand and Seal. M ommission es. JUNE 30,2011 . 4 f 4a.. ...Y 13 Notary lid/ PAUL R. ` KNAPP tI:\LAND-A MS\petition.inc-subd.doc STATE OF COLORADO) )ss County of f it ) The foregoing instrument was acknowledged wl before me this ?? day of 4 P r,� A.D. 20 fl , by t P �)ouot lac [` Steil Oct, �pp�pprPU® �J e, Witness my ai'R!'and Seal.\r My commission expires: 6 I ic#/-_- 6f 3 usti s. ? U c { MANGUM of C 7& . aui U 1s`. ;p Public V STATE OF COLORADO) )ss County of ) The foregoing instrument was acknowledged before me this day of , A.D. 20,by Witness my hand and Seal. My commission expires: Notary Public STATE OF COLORADO) )ss County of ) The foregoing instrument was acknowledged before me this day of , A.D. 20 , by Witness my hand and Seal. My commission expires: Notary Public Il:\LAN D-ALL\CONLEY\FORMS\petition.i nc-subd.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 Municipal Subdistrict(ASubdistrict@)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 1 J I tADDRESS f� if p E 1 ` tc4C a�J .J / L_ e 2- f`l-wbt itArAt., bolas (/27/ll tsAwc\k 3(O H:\LAND-ALUCONLEY\EORMS\petition.inc-subd doe Hello