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Home My WebLink About20112128 ORIGINAL 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 St. Vrain Sanitation District Wastewater Section 31, T3N Treatment Plant R67W of the 6th Principle Meridian TOTAL ACRES INCLUDED 44.15 ** The inclusion consists of 2 land parcels 3. A Site Plan of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 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. Petitioner is a property tax exempt governmental entity. So long as the Property is owned by Petitioner, Petitioner will not be required to pay mill levies on the Property as provided by applicable law. If the Property is no longer owned by Petitioner, the Property will be subject to ad valorem property taxation and the owner of the Property at that time will be required to pay mill levies on the Property as provided by applicable law. N:ALAND-ALLACONLEY\FORMS\petition.inc-subd.doc 201L2128 -2128 0i?/03/ -oi► e c. F 59 Ocov 3 —ai 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 I SI ' ATURES Corporation) ADDRESS / 4\ s VJ✓./ aft �y1y�.•"JS /"/Ll vls l //3 2lilS,,,te l /It/.k / J 2 J hi-"e (A') V06-0jt STATE OF COLORADO ) )ss County of ) The foregoing in ruument was acknowledged before me this 2j day of fraiti A.D. 20 ,by r rat 11 t k . ,&.ss i H1,O- 7 of lX.17(L 201 SA, ;,Aaj - 2 'n(Ltil9r) b(, 't-Lel Witness my hand and Seal. My commission expires: - „ I L. Notary Public .4.0Pcovcr I I:\LAN D-ALL\CONLE Y\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:\LAN D-ALL\CONLEY\FORM S\petition.i nc-subd.d oc 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(the"Property),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. Petitioner is a property tax exempt governmental entity. So long as the Property is owned by Petitioner, Petitioner will not be required to pay mill levies on the Property as provided by applicable law. If the Property is no longer owned by Petitioner, the Property will be subject to ad valorem property taxation and the owner of the Property at that time will be required to pay mill levies on the Property as provided by applicable law. 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 and mill levies levied by the Board of Directors of the Subdistrict against the property in the event the municipality or public corporation in which the 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 /2 /SIGNATURES ADDRESS S /2)"/ // E.!4-4-- St/S,0 /13 O? is.vs ,1^,st gQ irk_LsvL H:V.AND-ALI.\C0NLEY\F0RMS\petit i on.inc-subd.doc NCWCD Exhibit B . ._ • .) .4.. .. ..... .. ,,,.. • - , .. • .. �. N Ii - W E /d t S -;* ' ..„,4. 4 i' - �J es J ` 1M1 „ y.r - - .\l l Yrr = t t •z .. S y' .. 4 r •, 1 ��.J[• 7 may.. .a i.< `r,pv 4' A i }� L. 1� *fig ,. • F • �; ' • f:1 • 4 C. c , L C• : „...... 4,- 1 . L'Tl '�! yr' - /`A i l t• ? t/t . . . =,tF ilir a : :it 1 . AV fr • t % tsn. . f -V. , fi 111r • 1 .- ..(z....., y : w -!-''',4477*.: ' . .-!....‘73' ...: .41.1 ; a .. . 1 1..Z, A • 1 yyy t }} 4 4: i 1 . 5 i YNwtiL a 'r�- H t 7.r it t . �l w a� ..w'.• • rF r . r ' " — ;-„I.-.:,, c::4,-4,-.:. .,, „r '-le••• .."..z4 4^c• -'ck 4,k.:-.!,--i.t;[..s 7•.;,,.."-{.ff, ....,..:-D,:. .e.--.-5. ....,- ....T.; - • • - - . - .r• , r �rf3l•?T S.J t Yr,r • t - dal -t' ,�♦ r . .5. . 4 9 r • yF Y.' .f'' i•• U J d i -':r4--•#,1 7v' a r • Coordinate System: NAD 1983 StatePlane Colorado North FIPS 0501 Feet Projection: Lambert Conformal Conic Datum: North American 1983 False Easting: 3,000,000.0003 False Northing: 1 ,000,000.0000 Central Meridian: -105.5000 Standard Parallel 1 : 39.7167 Standard Parallel 2: 40.7833 Latitude Of Origin : 39. 3333 0 90 180 360 540 720 Units: Foot US H H Feet 1111111 1111111111 1111 III IIIII Jill till 2708219 07/21/1999 11:56R Weld County CO 1 of 1 R 5.00 D 22.50 JR Sukl Tsukamoto N WARRANTY DEED 1:11/ ..21901t//� Grantor(s), HAROLD E. NELSON and LaVERNA JUNE NELSON aka LaVERNA NELSON I� whose legal address is 11955 Weld County Road 15, Longmont, Colorado 80504 *County of Weld, and State of Colorado, for the consideration of TWO HUNDRED TWENTY-FIVE THOUSAND AND NO/100 ($225,000.00) DOLLARS, in hand paid, hereby sell and convey to ST. VRAIN SANITATION DISTRICT, a Title 32 special district whose legal address is 436 Coffman, Suite 200, Longmont, Colorado 80501, County of Boulder and State of Colorado the following real property in the County of Weld and State of Colorado, to wit: ALL THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 31, T3N, R67W OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 3N, RANGE 67W OF THE SIXTH PRINCIPAL MERIDIAN; SAID POINT LIES S0O°00'00"E, 2277.84 FEET FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG THE APPROXIMATE CENTERLINE OF THE ST. VRAIN CREEK, N58°31'02"E A DISTANCE OF 198.03 FEET; THENCE N52°42'31"E A DISTANCE OF 431.68 FEET; THENCE N42°24'56"E A DISTANCE OF 256.35 FEET; THENCE N39°48'09"E A DISTANCE OF 219.10 FEET; THENCE N63°43'32"E A DISTANCE OF 342.79 FEET; THENCE N73°14'28"E A DISTANCE OF 200.30 FEET; THENCE LEAVING SAID ST. VRAIN CREEK, SOO°00'00"E A DISTANCE OF 910.15 FEET TO THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED BOOK 1141, RN. 02083244, JANUARY 5, 1987, N' WELD COUNTY RECORDS; THENCE ALONG SAID NORTH LINE, N78°38'00"W A DISTANCE OF 87.00 FEET; THENCE $69°42'00"W, A DISTANCE OF 48.80 FEET; THENCE S57°47'00"W, A DISTANCE OF 140.80 FEET; THENCE S75°23'00"W, A DISTANCE OF 1110.40 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG SAID WEST LINE, N00°00'00"E A a) DISTANCE OF 333.16 FEET TO THE POINT OF BEGINNING, THUS DESCRIBED PARCEL OF LAND CONTAINS 20.250 ACRES MORE OR LESS. including all mineral rights with respect to the above-described property EXCEPT oil and gas rights which are reserved by Sellers. with all its appurtenances, and warrant the title to the same, subject to easements, reservations, restrictions, covenants and rights of way of record, or in use, or in place, if any. Signed this e day of July, 1999. t ?'n Harold E. Nelson Cv��2-rte« -r.1 (' LaVerna June .ka Lal/ERNA SON STATE OF COLORADO ) ) ss COUNTY OF BOULDER ) The i nt was acknowledged before me this / Sa y of July, 1999 by Harold E.Nelson,. 51.51Ver �, meelson. aka LaVERNA NELSON Szt40 TA WITN S gry and and°bj'ti s al. My co " 'gsion expires a - A%A_ o A C4'6( 071-4vita-- ---- 4COV" Notary Public ©y A. Mi 1132 North Main Street. Longmont. CO 80501 hbli6ftrne S ss;bf-Person Creating Newly Created Legal Description(§ 38-35-106.5, C.R.S.) Warranty Deed B 1141 ' 2 02083244 01/05/87 11: - $9. 00 1/003 AR2083244 F 0743 _ _6RY ANN FEUERSTEIN CLERK & ...4CORDER WELD CO, CO WARRANTY DEED FILING STAMP RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, E IN- THISDEED,Madethis 30th day of December STRUAENT WAS FOUND TO BE INA UATE OR L',iE BUST PFIOTOGRAPHIC REPRO CTION BECAUSE OF ILLEGIBILITY, CARBON O PHOTO 19 86, between Eldon L. Von Ohlen and COPY, DISCOLORED PAPER, ETC. Mary Sue Von Ohlen of the t County of Douglas and State of State Documentary Fee Date /- 5 -j.7 Colorado,grantor,and The St. Vrain Sanitation District, ........ a special district $ L2.. ...--.-----.—.. whose legal address is Box 978 , Longmont, Colorado 80502-0978 of the County of Weld and State of Colorado,grantee: 0 WITNESSETH,That the grantor for and in consideration of the sum of One Hundred Twenty-Five Thousand ti ($125,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell, rif N. convey and confirm,unto the grantee,his heirs and assigns forever,all the real property together with improvements.if any,situate,lying and being in the County of Weld and State of Colorado described as follows: 4f_ Q See Exhibit A attached hereto and incorporated herein by reference. as known by street and number as: Vacant Land TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders, rents, issues and profits thereof;and all the estate,tight, title, interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever.And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, TO encumbrances and restrictions of whatever kind or nature soeber,except r„ See Exhibit B attached hereto and incorporated herein by N reference. and the aboved bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns against all and every person or persons • lawfully claiming or to claim the whole or any part thereof,the grantor shall and will WARRANT AND FOREVER DEFEND.The singular number shall 1)11 include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. Z d m IN WITNESS WHEREOF,the grantor has executed this deed on the date set fgrt above. CS, co LA 10 X Fjlldon L Vox>, jilliepm NS, n Mary S Von Ohlen ND o 2 STATE OF COLORADO ® a y County of �e`(� ss. Chi t Ca ` i The foregoing instrument was alcl oy1vledged before me this '33—; i (��d\ay1 of �-�,Qe_ew r 19 ��. , •C1 to by OW .. \I ON l \Qh t>sc). MaY U �LLQ V oin. `(A e.r- 4:- rtgm xpires 1 Cl/1 cam. , 19%9 . Witness my hand and official seal.L\o-tj7 LAJUNIE 1 rotary, Publ 1 \ ' /�aif in IiIgV art" (( C hId - �.r Puy �g1, l�l). ��t f Address 1 No.932A, . WARRANTY DEED(For Photographic Record) Bradford Publishing,5825 W.6th Ave.,Lakewood,CO 80214-(303)233-6900 11-83 S B 1141 REC 02083244 01/05/87 11:50 $9.00 2/003 F 0744 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" A tract of land in the West Half of the East Half (W1/2 E1/2 ) of Section Thirty-one ( 31 ) , Township Three ( 3 ) North, Range Sixty-seven ( 67 ) West of the 6th P.M. , County of Weld, State of Colorado, and said tract being more particularly described as follows: Commencing at the Southeast Corner (SE Cor) of said Section 31 , and considering the South Line of said Section to hear. North 89 Degrees 36 ' 52" West with all other bearings contained herein being relative thereto; thence North 89 Degrees 36 ' 52" West, 1327 .45 feet; thence North 00 Degrees 00' 00" East, 2037 .75 feet to the True Point of Beginning; thence South 90 Degrees 00 ' 00" West, 1324 . 65 feet; thence North 00 Degrees 00 ' 00" Fast, 643 . 91 feet; thence North 75 Degrees 23 ' 00" East, 1110 . 40 feet; thence North 57 Degrees 47 ' 00" East, 140. 80 feet; Qla'� thence North 69 Degrees 42' 00" East, 48 .80 feet; /2 3. thence South 78 Degrees 38' 00" East, 87 . 00 feet; thence South 00 Degrees 00' 00" East, 998. 97 feet to the True Point of Beginning. TOGETHER WITH a permanent easement in the West Half of the East Half (W1/2 E1/2) of Section 31 , Township 3 North, Range 67 West of the 6th P.M. , County of Weld , State of Colorado, said easement being more particularly described as follows: The East 30 feet of a tract of land described as the South 61 .83 acres of the West Half of the East Half (W1 /2 E1./2) of said Section 31 ; the Fast Line of said easement beginning at the Southest Corner (SE Cor) of said tract; thence North 2035 .75 feet, more or less, to the Northeast Corner (NE Cor) of said tract. AND A 20 foot permanent easement and a 30 foot temporary construction easement that is adjacent to the East Line of said permanent easement in the West Half of the East Half (W1 /2 F1 /2 ) of Section 31 , Township 3 North, Range 67 West of the 6th P.M. , County of Weld , State of Colorado, and said easements being more particularly described as follows : The West 50 feet of a tract of land described as the South 61 . 83 acres of the West Half of the East Half (W1/2 E1/2) of said Section 31 ; the West Line of said Easement beginning at the Southwest Corner ( SW Cor ) of said tract of land; thence North 2028 . 84 feet, more or less, to the Northwest Corner (NW Cor) of said tract. B 1141 REC 02083244 01/05/87 11:50 $9.00 3/003 F 0745 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B To WARRANTY DEED 1. Rights-of-way, reservations, and easements of record. 2. Existing roads, ditches and utility lines. 3. Oil and gas lease dated April 28, 1970 by Fred Craig as Lessor and Martin Freedman as Lessee, recorded May 26, 1970 u in Book 626 , Reception No. 1548033, and corrections of said lease description and extension of said lease of record. 4 . The life estate in and to the gas well known as Harold Nelson Unit A Well #1 in the SE/4 NE/4 of Section 31 reserved by Fred and Neville Craig in a deed of August 8, 1979 and recorded the same date in Book 877, Reception No. 1799384. 5. A reservation by Grantor of all oil, gas and minerals (excluding sand and gravel) beneath the property described in Exhibit A attached to this Warranty Deed; provided however that this reservation of mineral rights to grantor shall not include the right of Grantor, his heirs, successors, or assigns to enter upon the property described in Exhibit A attached to this Warranty Deed for the purposes of mining or removal of oil and gas, except as such rights may be provided by existing leases of record. U) Go Hello