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Home My WebLink About20110454.tiff gyiMunicipal Subdistrict Northern Colorado Water Conservancy District 220 Water Avenue• Berthoud,CO 80513 • 970-532-7700• fax 970-532-0942 RECEIVED January 31, 2011 FEB 0 7 2011 Weld County 'iaaring 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 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 March 11, 2011, at the Subdistrict's office, 220 Water Avenue, Berthoud, Colorado. Also, the Petition for Inclusion in the name of Mary Edith Wilkins that was forwarded to you on November 29, 2010, was approved by the Board of Directors at their meeting on January 14, 2011. These lands will be included within the boundaries of the 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, ,1 r I1 . f Marilyn L. Conley - Inclusion Administrator me Enclosures y, r� 2011-0454 CC`. YuA-O-Le:;.lic.1,, rlS -eq.- -20 t/ & LI 3a3 REN3a4 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 John B. & Dana E. Willard Vacant Land 20-01-66 5.702 Parcel #1471204000003 John B. & Dana E. Willard Vacant Land 20-01-66 48.943 Parcel #1471204000004 John B. & Dana E. Willard Vacant Land 20-01-66 3.106 Parcel#1471204000005 John B. & Dana E. Willard Home and Land 20-01-66 5.037 Parcel #1471204000006 Lod 1` cti, J �I ��t v� ] NI') . P-O t j 0'_ w - (List TOTAL ACRES INCLUDED 62.79 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 t HAND-ALL\CONLEY\FORMS\petition.inc-subd.doc • a • 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. b. 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 - Cj1 2567 CR 29, Ft. Lupton,CO 80621 2567 CR 29,Ft. Lupton, CO 80621 STATE OF COLORADO) )ss County of VJ Ebb The foregoing instrument was acknowledged before me this /Tt/day of 074N1/j-f'-1 A.D. 20L,by IIN 111•`11 Ag.A -4- DANA- E . Wi(( ,.... Witness my hand and Seal. `" .'. on expires: /1 47 13/2a• l t • + cao >;r Notary Public 4 , 114 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." qq DATE (SIIGNATURES ADDRESS I _ ti A., >r 2567 CR 29,Ft. Lupton, CO 80621 I- /`5-110,I £ Cy 2567 CR 29,Ft. Lupton,CO 80621 II:\LAND-ALL\CONLEY\EORMS\petition.inc-subd.doc C 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 I. All the owner(s)of lands situated in the County of tc.94,L.D , 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 73zucE Aar .1eWET cgs-T°Gi4aa//Drees07. Lor 3 Tp .zsann-n4R 1tD eN'4�!) Ab APP1eozn•ifrrcc✓ r//En�73°y6x / I 02.-2- f; l 3401.100 1") Ely,l7jhfi 10orerf opeRG 73E/n'6 PART °, 77/E SOY eFSbCriol013/ rig 26�i,)or TN1 677/ R"1.,/ !.).E.41 C°ual/ Colo RRbo FC 97, 2i TOTAL ACRES INCLUDED A. 2- 3. A plat of the above described property is attached hereto as Appendix "B." AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00 H'LAND-ALLVCON.EY'.FORMS\pennon_inc-subddoc 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 SIG ATURES Corporation) ADDRESS Cb 4.z: STATE OF COLORADO) A )ss County of /ictiop.ts ) frt The foregoing instniment was acknowledged before me this 0/S_day of Saos✓cv- AD-20_II , by (Siva t✓. I'r Wtrn g&eLr' Witness my hand and Seal. My mmission expire/s: S_ .1 o/3 ...s` [LI � ZJ` C d APO D�.... 4 t 1 o :pTAq . i1 Notary Public / t tot It t9 ,,• �B ‘poQP% OF GO H'LAND-AL •'LEY\FORMS\petition.inc-subd.doc 4 .• STATE OF COLORADO) )ss Comity of /1164,M4 ) . The foregoing instrument was acknowledged before me this Is day of Sail✓w A.D.201(,by J (m€ r Lytvi e c1.tr) Witnes . ;),E1.O115 M, My commission expires: .2 - S' d v t.3 41 "61 ad 13 •io Notary Public It 1' (B`\G �s STATE OF w'r• •DO) )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-At.t.\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 incfision 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 JC,§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 ADDRESS l/, /// - 4- ris-oec t?.4 sf 710,,,4 Ob or-r_2233 ,th o HOLa y sr T//axgrca Co 80233 H ALAND-ALLTONLEYWORMS\petition.inc-subd.doc RECEIVED La Northern Water FEB 0 7 2011 Northern Colorado Water Conservancy District 220 Water Avenue Berthoud,Colorado 80513 Weld County Pianning Department Phone 1-800-369-7246• Fax 1-877-851-0018 GREELEY OFFICE www.northernWater.org January 31, 2011 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 Northern Colorado Water Conservancy District (Northern Water). These Petitions will be acted upon by the Board of Directors of Northern Water at the Board Meeting to be held at 9:00 A.M. on March 11, 2011, at Northern Water's office, 220 Water Avenue, Berthoud, Colorado. Also, the Petition for Inclusion in the name of Mary Edith Wilkins that was forwarded to you on November 29, 2010, was approved by the Board of Directors at their meeting on January 14, 2011. These lands will be included within the boundaries of Northern Water pending receipt of Secretarial Assent for Inclusion from the Department of Interior and 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, C 1 0--cS`7 Marilyn L. Conley Inclusion Administrator me Enclosures 301VO 54/ RE y3d3 gr Elsa January 2010 PETITION FOR INCLUSION OF LANDS IN NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF 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 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 John B. & Dana E. Willard Vacant Land 20-01-66 5.702 Parcel #1471204000003 John B. & Dana E. Willard Vacant Land 20-01-66 48.943 Parcel#1471204000004 John B. & Dana E. Willard Vacant Land 20-01-66 3.106 Parcel #1471204000005 John B. & Dana E. Willard Home& Land 20-01-66 5.037 Parcel #1471204000006 3:...i ao-ki L_.. Li .? et / 6 4o . 1Y1r iz l`L"�r. l�_i TOTAL ACRES INCLUDED 62.79 CURRENT ASSESSED VALUATION OF LANDS AND IMPROVEMENTS TO BE INCLUDED $28020:00 AMOUNT OF NORTHERN WATER FACILITIES FEE ENCLOSED $ 383.87 AMOUNT OF NORTHERN WATER PROCESSING FEE ENCLOSED $ 200.00 TOTAL $ 583.87 C:\Documents and Settings\HP_Administrator\My Documents\Fort Lupton INCLUSION_PETITION-NCWCD Willard.doc 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 SIGNATURES Corporation) ADDRESS 2567 CR 29, Ft. Lupton,CO 80621 2567 CR 29, Ft. Lupton,CO 80621 STATE OF COLORADO )ss County of Lt.y CUP The foregoing instrument was acknowledged before me this [Silty of C>AN. Ay. , A.D. 20 !I , by $ itKAA 4- D,hnrk C, %Ago Witness my Ilan. eajnEt B, ci' mission expires: MAT / 3. sc.44- ©ROWE t`%, �}? Notary Public :< _. C:\Documents and Settings\HP_�: istrator\My Documents\Fort LuptonUNCLUSION_PETITION-NCWCD Willard.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). 3. 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 SIGNATURE ADDRESS LJ212 �I \`i ) 2567 CR 29,Ft. Lupton,CO 80621 1- 1 S -o2011 5 We 2567 CR 29, Ft. Lupton,CO 80621 C:\Documents and SeningsWP_Administrator\My Documents\Fort LuptonUNCLUSION_PETITION-NCWCD Willard.doc 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 Conservancy District(Northern Water)makes those lands eligible to receive water from the Colorado-Big Thompson(C-BT)Project facilities;and WHEREAS,those lands included within Northern Water commencing in 1938 have contributed to the cost of construction repayment,operation,maintenance,replacement,and administration of the C-BT Project since the time oftheir inclusion through the generation of ad valorem taxes;and WHEREAS,fairness and equity require that lands newly included-within Northern Water be 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 Larimer,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 property 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 2009: $178,136,290 x Current Assessed Valuation of Property and Improvements $12,988,773,273 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 cases 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 of the property and improvements to be included. 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:\Documents and Settings\HP_Administrator\My Documents\Fort Lupton\NCLUSION_PETITION-NCWCD Willard.doc January 2010 PETITION FOR INCLUSION OF LANDS IN NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. All the owner(s) of lands situated in the County of iiE.t.L , 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 j3RusAWt1 JR��i ERST e nab. Rja7-get,or ,Lon To F2s F2oanA4E1t6 $AnwEA2I3DyyiR ,,2. 2... R/61/fin RNA 4PPRoAim r&L/ surjDioid1/4/.J /y mit..EiOcRi/t oFcrr6 m,Erab rltkr oC TWO s`)Y oG sacni�o3 )"4 23, T/N 7Z6dOor /hc 6TN 7'i../� 14264-h ecwo , LortRA0 id. 0? Z Z t TOTAL ACRES INCLUDED 2.,— CURRENT ASSESSED VALUATION OF LANDS AND S""��Z 2.00 x IMPROVEMENTS TO BE INCLUDED $ / d-o,0►A AMOUNT OF NORTHERN WATER FACILITIES _ � FEE ENCLOSED $ ,Qb/6L,o0 7-�AMOUNT OF NORTHERN WATER PROCESSING FEE ENCLOSED $ 200.00 TOTAL $ o 9/5. 1 H:\land-all\FORMS\CONLEY\INCLUSION PETITION-DISTRICT.doc • 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 yfNATU Corporation) ADDRESS //sips STATE OF COLORADO )ss County of The foregoing instrument was acknowledged before me this O day of San'd'y A.D. 20l/ , by R(uet 1-4 II,iwx Q.tt4.J Pp D. Eta O ZoTA4•.•'P Witness my hand and Seal. M mm.ssionexpires: �` 2`x/3 )O at___ ON- Notary Public • H:\land-all\FORMS\CONLEY\INCLUSION PETITION-DISTRICT.doc STATE OF COLORADO ) / )ss County of AU PM j ) "The foregoing instrument was acknowledged before me this day of /M G✓y A.D. 20 if by aA A C/ L r n4 ,Q`chi .„, \I Witness my hand and Seal. My co fission ex ires: — / • t • t , / i Notary Public 'Il9^F �LBL��'• Q,P9' t� 0F CO-�- STATE OF COLORADO ) )ss County of ) The foregoing instrument was acknowledged before me this day of 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\FORMS\CONLEY\INCLUSION PETITION-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: I. 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). 3. 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 r15/0 aocL/ Sr '/1/n J Moreau ro,d Co b'oRS3 /l�dv/e//y 9 //Pp/ �L/4 ^ryte 0.G 0,502,---) H:\land-all\FORMS\CONLEY\INCLUSION PETITION-DISTRICT.doc 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 Conservancy District(Northern Water)makes those lands eligible to receive water from the Colorado-Big Thompson(C-BT)Project facilities;and WHEREAS,those lands included within Northern Water commencing in 1938 have contributed to the cost of construction repayment,operation,maintenance,replacement,and administration of the C-BT Project since the time of their inclusion through the generation of ad valorem taxes;and WHEREAS,fairness and equity require that lands newly included within Northern Water be 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 1T 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 Larimer,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 property 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 2009: $178,136,290 x Current Assessed Valuation of Property and Improvements $12,988,773,273 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 cases 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 of the property and improvements to be included. 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. H:\land-all\FORMS\CONLEY\INCLUSION PETITION-DISTRICT.doc Hello