HomeMy WebLinkAbout20111224.tiff Municipal Subdistrict
Northern Colorado Water Conservancy District
220 Water Avenue• Berthoud,CO 90513 • 970-532-7700• fax 970-532-0942
RECEtV .
January 20, 2012 JAN 25 ?R17
Weld county el,.;,,. _ , ,,,00
GREELE'r
Mr. Kim Ogle, Planner Manager
Weld County Planning Department
1400 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle:
Enclosed for your records are recorded copies of Court Orders
including the lands described in the Court Orders within the
boundaries of the Municipal Subdistrict,Northern Colorado Water
Conservancy District(Subdistrict).
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
It is hereby ORDERED that upon /�
° co,�o,� GRANTED receipt of this order the moving party (r f 1 nv,_t_„ ca4 """"""�
m y y"?.. o shall mail or deliver a copy to any pro I
+C� +.t, >",, se party who has entered an appearance '
*\21"`�" in this action.
rsrs* James Hartmann
District Court Judge
6A DATE OF ORDER INDICATED ON ATTACHMENT
Z� EFILED Document—District Court
1937CV9454
cV Weld county District Court t9th JD
DISTRICT COURT, COUNTY OF WELD, STATE OF Filing Date:Sep 8 2011 3:55P134 ^
Filing ID:39723377 c rf.L ti
COLORADO
D4t �
Court Address: 901 9th Avenue prt �5 : -
Greeley, Colorado 80631 t , , , _
.Y b 0, i cows, `O
Pni c' Depot
IN THE MATTER OF THE MUNICIPAL A COURT USE ONLY A
SUBDISTRICT,NORTHERN COLORADO WATER Case Number: 1937CV9454-S1
CONSERVANCY DISTRICT
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c
a Div.: 1 Ctrm.:
N r
o n o n ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE
rri r z m BOUNDARIES OF THE MUNICIPAL SUBDISTRICT,NORTHERN COLORADO
a
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WATER CONSERVANCY DISTRICT
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.
A
'S C-1Z
w m m o This matter comes on regularly before this Court on this day of
_z 201 , on the Motion of the Board of Directors of the Municipal Subdistrict,Northern
o�
d
a
Colorado Water Conservancy District ("Subdistrict") for an Order that the hereinafter describe
m 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 be included, 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
I
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3801264 10125/2011 12:10P Weld County, CO
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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 1 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 11111 1111111 III 11111 111111 IIIIII III 11111 IIII IIII
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•
Exhibit 1
PETITIONERS DESCRIPTION
Richard A.Huett A tract of land situated in Section 17, Township 1 North,
Joyce K.Huett Range 66 West of the 6th P.M.,County of Weld, State of
Colorado described as Lot B of Recorded ExemptionNo.1471-17-
4-RE1958.
59.91 Acres
3
1111111111111111111 Ill 11111111111111111 Ill 11111 ff11 III!
3801264 10/25/2011 12:10p Weld County, CO
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T]i document cm-Amite- a mina!of:he court and should he Seated as nu u11.
Current Date: Sep 08,2011
Case Number: 1937CV9454
Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY
/s/Judge James Francis Hartmann
I IBM 11111 1111111 I I 111111111111111111111111111111111
3801264 10/25/2011 12:10P Weld County, CO
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• e coo it is hereby ORDERED that upon ,, /
c°� GRANTED receipt of his order the moving partytA, a2u1'� _
y 7 o shall mail or deliver a copy to any pro
* se party who has entered an appearance C'
• 1876_• in this action.
James Hartmann
District Court Judge
DATE OF ORDER INDICATED ON ATTACHMENT
2j EFI LED Document—District Court
1937CV9454
tit Weld County District Court 19th JD
DISTRICT COURT, COUNTY OF WELD, STATE OF Filing Date:Sep 8 2011 3:57PM MDT
COLORADO Filing ID:39723471 ."."A.:-
Ce titedrto vgli tfQtvryy�A'(I correct
coy of fi pt� it rV,,Ne i.
Court Address: 901 9th Avenue pr
catu °A1-111 „;/-
Greeley, Colorado 80631QATKi fitli n
.... ,6„,,,c,_.
•
7.,
✓ r" nq,_ty
IN THE MATTER OF THE MUNICIPAL A COURT USE ONLY A
H
SUBDISTRICT,NORTHERN COLORADO WATER
CONSERVANCY DISTRICT Case Number: 1937CV9454-S1
po
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2 n O D Div.: I Ctrm.:
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x A ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE
0000 c 70
z BOUNDARIES OF THE MUNICIPAL SUBDISTRICT,NORTHERN COLORADO
o m m o WATER CONSERVANCY DISTRICT
77
o20
This matter comes on regularly before this Court on this day of ,
'1 201 , 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 be included, 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
1
111111111111 1111111I I11111111111111111111111111111111
3801267 10/25/2011 12:10P Weld County, CO
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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 1 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
IIIIIILMiLi111i!eiDQiUL1!H!IIIIIIIII
380126710/22011
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•
•
Exhibit 1
PETITIONER DESCRIPTION
RI Enterprises 41 A tract of land situated in Section 17,Township I North,
Range 66 West of the 6th P.M.,County of Weld,State of
Colorado described as Lot A of Recorded Exemption
No.1471-17-4-REI958.
1.15 Acres
3
111111 11111 MEI III 11111111111 EMI III 11111 IIII IIII
3001267 10/25/2011 12:10P Weld County, CO
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f
ifili dccuinent ciuitihttec a ruling of-he court:and should be seated as such
Current Date: Sep 08,2011
Case Number: 1937CV9454
Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY
/s/Judge James Francis Hartmann
1111111 11111 1111111 11111 EDI 111111 III 111111111 111 I
3801267 10/25/2011 12:10P Weld County, CO
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•
t e Northern Water
Northern Colorado Water Conservancy District
220 Water Avenue Berthoud,Colorado 80513 RECEIVED
Phone 1-800-369-7246•Fax 1-877-851-0018
www.northernwater.org
JAN 25 ?R17
Weld County Pianning Department
GREELEY OFFICE
January 20, 2011
Mr. Kim Ogle, Planner Manager
Weld County Planning Department
1400 N. 17th Avenue
Greeley, CO 80631
Dear Mr. Ogle:
Enclosed for your records are recorded copies of Court Orders
including the lands described in the Court Orders within the
boundaries of the Northern Colorado Water Conservancy District
(Northern Water).
These lands are now subject to the one mill ad valorem tax levied
by Northern Water.
If you have any questions, please feel free to give me a call at 970-
622-2216.
Sincerely,
c-A V ,
Marilyn L. Conley
Inclusions Administrator
me
Enclosures
e o It is hereby ORDERED that upon
w � GRANTED y
c receipt of this order the moving party C72,",440
.,o shall mail or deliver a copy to any pro /
se party who has entered an appearance
s"
t 7g7g* in this action.
James Hartmann
District Court Judge
DATE OF ORDER INDICATED ON ATTACHMENT
265 EFILED Document—District Court
1937CV9454
CO Weld County District Court 19th JD
Filing Date: Sep 8 2011 4:12PM MDT
Filing ID:39724084 ^et
co r ,i ���..Q:.4)/
DISTRICT COURT,COUNTY OF WELD, STATE OF Da._4 2_ / 1
COLORADOTH O Srf{hER.
901 9th Avenue Clef a�
Greeley, Colorado 80631
A COURT US -"
O 7 }, ` Deputy
IN THE MATTER OF THE NORTHERN COLORADO Case Number: 1937CV9454
WATER CONSERVANCY DISTRICT
°FtY
E Div.: 1
z�m
<o o ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE BOUNDARIES
rr
z z m OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
o �c
8c -7Z
y m-3 This matter comes on regularly before this Court on this day of
E ,2011, on the Motion of the Board of Directors of the Northern Colorado
Water Conservancy District("Northern Water") for an Order that the hereinafter described lands
shall be conditionally included in Northern Water. The Court, having considered said Motion
and being advised of the premises, finds as follows:
1. Pursuant to C.R.S. § 37-45-136(2), as amended, certain owners of lands
("Petitioners") have filed with the Board of Directors of the District("Board") a Petition in
writing requesting that such lands be included within the District("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 be
included, 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.
1111111111111111111 III IIIII 111111111111 III IIIII Iill 1111
3801265 10/25/2011 12:10P Weld County, CO
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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.
5. The Secretary of the Interior has assented in writing to such inclusion.
WHEREUPON,THE COURT ORDERS that the said lands described in Exhibit I
attached hereto, shall be and are included in the 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 Northern Colorado Water Conservancy District
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
1111111111111111111 III 11111111111111111 Ill Iilli IIII liii
3801265 10/25/2011 12:10P Weld County, CO
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2
Exhibit 1
PETITIONERS DESCRIPTION
Richard A.Huett A tract of land situated in Section 17,Township I North,
Joyce K.Huett Range 66 West of the 6'^ P.M.,County of Weld,State of
Colorado described as Lot B of Recorded Exemption
No.1471-17-4-RE t 958.
59.91 Acres
1111111 IIIII 1111111 [Mt III 111111 III II11I 1111 IIII
3801265 10/25/2011 12:1013 Weld County, CO
3 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
This d:.c,;meut c:,ustimte: a nhuz of-he cc' :and should be seated as ssuch.
Current Date: Sep 08,2011
Case Number: 1937CV9454
Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY
/s/Judge James Francis Hartmann
1111111111111111111 NUM 111111111111III11111IIII IIII
3801265 10/25/2011 12:10P Weld County, CO
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of coo GRANTED It is hereby ORDERED that upon /�
j,,,, e„
mew receipt of this order the moving party ( _i cn .,,,,��,,,�
r. of shall mail or deliver a copy to any pro `r"
' se party who has entered an appearance G
�,T8'76 in this action. James Hartmann
District Court Judge
DATE OF ORDER INDICATED ON ATTACHMENT
EFILED Document—District Court
♦� 1937CV9454
CO Weld County District Court 19th JD
Filing Date:Sep 82011 4:10PM MDT
Filing ID:39723969
DISTRICT COURT, COUNTY OF WELD, STATE OF
COLORADO
901 9th Avenue
Greeley, Colorado 80631
♦ COURT USE ONLY
IN THE MATTER OF THE NORTHERN COLORADO Case Number: 1937CV9454
it; 0 WATER CONSERVANCY DISTRICT
r 7,
S'
n �
g_ v Div.: I
cn
cn
a ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE BOUNDARIES
o m OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
o
d z This matter comes on regularly before this Court on this day of
>� , 2011, on the Motion of the Board of Directors of the Northern Colorado
In
" Water Conservancy District("Northern Water")for an Order that the hereinafter described lands
o shall be conditionally included in Northern Water. The Court, having considered said Motion
00 o and being advised of the premises, finds as follows:
o -o
n
I. Pursuant to C.R.S. § 37-45-136(2), as amended, certain owners of lands
("Petitioners") have filed with the Board of Directors of the District("Board")a Petition in
writing requesting that such lands be included within the District("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 be
included, 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, proceededlt Jy itAitAint
Sr at 40,1044ip sates‘,
1111111 ��IIIIiII III 2212011 11:48A
� �� � ����� III Ilill IIII ���� t3807430 '
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AIM 11111 1111111 III 111111111111111III11111IIII lilt
3807430 11/22/2011 11:48A Weld County, CO
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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.
5. The Secretary of the Interior has assented in writing to such inclusion.
WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit I
attached hereto, shall be and are included in the 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 Northern Colorado Water Conservancy District
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
11111111111111111111 11111111111111111III MINIMAL 3807430 11/22/2011 11:48A Weld County, CO
3 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
Exhibit 1
PETITIONER DESCRIPTION
RJ Enterprises#1 A tract of land situated in Section 17,Township I North,
Range 66 West of the 6th P.M.,County of Weld,State of
Colorado described as Lot A of Recorded Exemption
No.1471-17-4-RE 1958.
1.15 Acres
3
(11111IIIII 1111111 III IIC11 111111111111 III Ill 1111 1111
3807430 11/22/2011 11:48A Weld County, CO
4 of 4 R 26.00 D R00 Steve Moreno Clerk& Recorder
T:3i1 d:eu aent ccnn tete: a nilme of$e cosh:and:Lotild one Tented at-LIL.
Current Date: Sep 08,2011
Case Number: 1937CV9454
Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY
/s/Judge James Francis Hartmann
October 2006
PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT,
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
1. All the owner(s)of lands situated in the County of ft)e id. , State of Colorado,
hereby petition(s) and pray(s)that the lands hereinafter described be included in said
Municipal Subdistrict,Northern Colorado Water Conservancy District ("Subdistrict").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
RicIwo-A. Pt . Nuet 137/49CRB
boy Ce k 14uc- - Fo,-+ LtAt}ova, co PT sa r'7-I-c6 LJA I - IS
REc &ttemPt RE)1,5S
13119 C R 8' Pisa. 17-I-1a(, Lof$ 5-7.91
ror4 L-NAQAor , co REG exempt- RE 1753
.
TOTAL ACRES INCLUDED Lane()
3. A plat of the above described property is attached hereto as Appendix "B."
AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00
II AIAM)-ALLVC0NLEYT0RMS\pctition.inc-subd.doc
O//W8
,
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
yinee 6�'0" /)777 CS &/lam
K. ,... tf, RTEw ...,.b"`I I 3741 CR$,LJ-1 . ia.•.. <
STATE OF COLORADO)
ss
County of Lk 6.--1-4) )
The foregoing instrument was acknowledged before me this��siF day of 4 PE &i ,
A.D. 20 i( . by gIC fAM-D A-. 1{c1 CP1 "tom -1"9 yce Y- 14 -r-7-
Witness my hand an My commission expires: MA / 3 .20/er
Notary Public
r,r l„U
tft
.1-
II:\LAND-ALL\CONLEYWORNIS\petit ion.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:U,AND-ALLACONLEY\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(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 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 Petitioneras property in the
event the municipality or public corporation in which Petitioners 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
f-//-// AT 2 t /37/7 cR �r
�7
*i // -�j/ ere /r\/ 7-1 /37,7// C l
l/ R.5 EiviltAph, /
y(2i/ir •
H:\LAN D-ALL\CON LEY\FORM S\peti tion.i nc-su bd.d oc
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 W el ci , 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
Rtaard. P 433 c.K lauelt 3 /`1 1 C.R8 For\ Lu�oLCO T .2 I1-1 4 4o IV /
dl (eb l�
31g9 C.RS FortLuP-lon.co PT /7 1-b6Loth o/-lb-/?-o 5
REC Ei.empt RE 1958
lnl
I 4
; \ L? 44 JLAA. .
TOTAL ACRES INCLUDED eon• D(o
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $ / ,?L(4- �?
AMOUNT OF NORTHERN WATER FACILITIES
FEE ENCLOSED $ i00 2. 1 :o
AMOUNT OF NORTHERN WATER PROCESSING
FEE ENCLOSED $ 200.00
TOTAL S )122Z. /C2
C:ADocuments and Settings\thodgesV Desktop\NCWCDAINCLUSION PETITION -DIS'IRICT.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
G � Ai, C KS EnbbAT h -sue I 3 7 7 C
}2sSY _pi- 4 l 13'7'17 cR8 41. I�
STATE OF COLORADO
ss
County of 741.72-Y✓15 •
Th
The foregoing instrument was acknowledged before me this // day of )'✓/°." .
A.D. 20 11 . by l)Ie_ rei / - fl tIet-1 r2--/7 i 171d £ . t- L/Q t=-er t
J•.'t
/
Witness my hand and Seal. My commission expires: / 1 3//// tr• i
( e/ ti
(nee/ t1,e��F...��OQ-
Notary Public My Commission Expires 10/31/2011
C:ADocuments and Settings\thodgesV Desktop ANCWCDAINCLUSION PETITION-DISTRICT.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
C:ADocuments and Settings\thodgesV Desktop\NCWCDAINCLUSION 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 S,1ATURES ADDRESS
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APPENDIX"B"
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-1 079-02-03
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 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.
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