HomeMy WebLinkAbout20110696.tiff ` r,,//v/F C�to GRANTED It is hereby ORDERED that upon EE--4e,0
�Fe receipt of this order the moving party �n t
* ' r o shall mail or deliver a copy to any pro
* se party who has entered an appearance
' 18764 in this action.
James Hartmann
District Court Judge
DATE OF ORDER INDICATED ON ATTACHMENT
� EFILED Document—District Court
O/ 1937CV9454
CO Weld County District Court 19th JD
Filing Date:Jul 14 2011 1:33PM MDT
Filing ID:38695956Certlfied to by a-lull,,true and correct
copy of the i i a i 1,�ipy custody.
DISTRICT COURT, COUNTY OF WELD, STATE OF Dated ] 'l`' '
COLORADO CA = Mike ?": Wr�g, ss
901 9th Avenue Clerk''?f ill c o y ;Cnt,rt
Greeley, Colorado 806310.6" c •y�1`o 1
.
A COURT Ugt • ..; De e
puty
IN THE MATTER OF THE NORTHERN COLORADO Case Number: 1937CV9454
WATER CONSERVANCY DISTRICT
Div.: 1
ORDER FOR CONDITIONAL INCLUSION OF LANDS WITHIN THE BOUNDARIES
OF THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
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
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
I 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. /9
4. The Board, at the time and place so mentioned, proceeded to hear the `/I f�po/t.)'
ii
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70909/08/2011
County,0.00 Steve Moreno Clerk CO
1 of 4 R 26.00 k& Recorder
03 / rte
111011111 111111 111111 III MINI III 11111 It IIII
3791009 09/0812011 03:11P Weld County, CO
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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.
5. The Secretary of the Interior has assented in writing to such inclusion.
WHEREUPON, THE COURT ORDERS that the said lands described in Exhibit 1
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
111111111111111111111111III111111111111III11111 HUB
3791009 09/08/2011 03:11P Weld County, CO
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EXHIBIT I
PETITIONER DESCRIPTION
Milano Brothers Family A tract of land situated in Section 20,Township 1 North,Range
Investments LLC 66 West of the 6'h P.M., County of Weld, State of Colorado
described as Lot B of Recorded Exemption No. 1471-20-1-
RE4890 as recorded in Rec.No. 3614856.
25.69 Acres
3
1 11111111111111111 111111 11 11111 1111111 III 111111111 1111
3791009 0910812011 03:11P Weld County, CO
4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
Tail document cousutuae ntlin°of;he cour:and shmiid he created as such.
File& Serve
Transaction ID: 38620376
Current Date: Jul 14,2011
Case Number: 1937CV9454
Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY
/s/Judge James Francis Hartmann
ride- 4660
c c GRANTED It is hereby ORDERED that upon- "� receipt of this order the copy
tmoving pr
*y - shall mail or deliver a copy to any pro
,._,, ,r ' se party who has entered an appearance
• 4. in this action.
James Hartmann
District Court Judge
O DATE OF ORDER INDICATED ON ATTACHMENT
O% EFILED Document-District Court
1937CV9454
CO Weld County District Court 19th JD
Filing Date:Aug 18 2011 6:43AM MDT
Filing ID:39345069
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
Case Number: I937CV9454-S]CONSERVANCY DISTRICT
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 I
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 Ndiie&
stated the filing of the Petition, the names of the Petitioners, descriptions of the lands to be inclined, ;
AIM 11111111111 NUM 11111111111111111111111111II }
3791020 09/08/2011 03:11P Weld County, CO
1 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
1111111 11111 111111 111111 III 111111111111 III11111IIII IIII
3791020 09/08/2011 03:11P Weld County, CO
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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 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
vy`)
2 v=.•
L;)
11111111111111111111111 I I 111111111111110 11111 11111111
3791020 09/08/2011 03:11P Weld County, CO
3 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT 1
PETITIONER PESCRIPTION
Villano Brothers Family A tract of land situated in Section 20,Township I North,Range
Investments LLC 66 West of the 6"' P.M., County, of Weld, State of Colorado
described as Lot B of Recorded Exemption No. 1471-20-1-
RE4890 as recorded in Rec.No.3614856.
25.69 Acres
3 e
L
� .1
111111111111 111111 IIIIII III 111111111111 III Iilll IIII Iill
3791020 09108/2011 03:11P Weld County, CO
4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
Thi; d r ent me ,i nd LI d ;honld he t.ed as such.
File&Serve
Transaction ID: 39313440
Current Date: Aug 18,2011
Case Number: 1937CV9454
Case Name: In the matter of:NORTHERN CO WATER CONSERVANCY
/s/Judge James Francis Hartmann
Certified to De a full,true and correct
copy of the . in my custody.
Dated
CATH ., .� :• `VeLKER
Clerkµ _ Old county'Court
countorado, as
8y ��kdJb Deputy
c 4&\0
• r' A Northern Colorado Water Conservancy District
N_C W. •C_D
220 Water Avenue• Berthoud,CO 80513 • 970-532-7700•fax 970-532-0942
Wefd County Planning Department
CREELEY OFFICE
rill
June 28, 2010 RECEIVED
Mr. Kim Ogle
Planner Manager
Weld County Planning Department
1400 N. 17th 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 Northern Colorado
Water Conservancy District(Northern Water).
This Petition 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 August 13, 2010, at Northern Water's office,
220 Water Avenue, Berthoud, Colorado.
If you have any questions, please feel free to give me a call at 970-622-2216.
Sincerely,
(
Marilyn L. Conley
Allotment Contacts Manager -
me
Enclosure >
2011-0696
�Srnlhur�fca� 3-ltq-z ,
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
Villano Brothers Family Lot B 30/59
Investments, LLC Recorded Exception No. 1471-20-1
RE 4890, being part of the NW Y
of the NE '/ of Section 20,
Township 1 North, Range 66 West
of the 6th P.M.,
County of Weld,
State of Colorado
cl
TOTAL ACRES INCLUDED 30.59
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $ 12,620.00
AMOUNT OF NORTHERN WATER FACILITIES
FEE ENCLOSED $ 172.89
AMOUNT OF NORTHERN WATER PROCESSING
FEE ENCLOSED $ 200.00
TOTAL $ 372.89
S:\Bob\public\Villano Brothers\Application for Inclusion\INCLUSIONPETITION-DISTRICT.doc
' R
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
Afryrt," Manager, 13050 WCR 10
Robert P. Villano Villano Brothers Family Ft. Lupton, CO 80621
Investments, LLC
STATE OF COLORADO
) ss
County of 11vt
The foregoing instrument was acknowledged before me this I r- day of L;t._,
A.D. 20I ,by \--;1;1/1;_ :(t._,T b'�u ,k� �L
'1�n�, ,i -;
Witn p� ^ t\an4, . My co mission expires: i- I9
\�� \ �:� �i( t (E4: �, fIV�� jl1/4.i/\
' J Notary Public : \�
: r
6-1.*•P
S:\Bob\public\villano Brothers\Application for Inclusion\INCLUSIONPETITION-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
S:\Bob\public\Villano Brothers\Application for Inclusion\INCLUSIONPETITION-DISTRICT.doc
APPENDIX "A"
Purpose
The purpose of this covenant is to subject Petitioner's property, described in the petition for inclusion and
court order for inclusion, to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Northern Colorado Water Conservancy District("Northern Water")at
the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, §20 of the
Colorado Constitution before Northern Water can impose the mill levies and special assessments specified
below. Petitioner also waives any right which may exist to a refund pursuant to article X, §20 of the
Colorado Constitution.
Mill Levies and Special Assessments
Upon inclusion into Northern Water, and as an express condition thereof, Petitioner covenants to pay the
following mill levies and special assessments:
1. Any Class A mill levy or special assessment levied annually by Northern Water and imposed on
other similarly situated property within Northern Water.
2. If Petitioner's property is now or is in the future located within a municipality which has an
existing or future Class B Allotment of water by Northern Water, and if said municipality
defaults on payment of its obligations under any existing or future Class B allotment contract(s)
with Northern Water, Petitioner agrees to pay any special assessment levied by the Board of
Directors of Northern Water for the purpose of collecting amounts due under the allotment
contract(s).
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
06/17/10 `�
�i. � 13050 WCR. 10
Robert P Villano, Manager Ft. Lupton, CO 80621
Villano Brothers Family Investments, LLC
S:\Bob\public\Villano Brothers\Application for Inclusion\INCLUSIONPETITION-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 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.
S:ABob\publicAVillano Brothers\Application for Inclusion\INCLUSIONPETITION-DISTRICT.doc
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EXHIBIT
ac 48g0
jpsMunicipal Subdistrict
Northern Colorado Water Conservancy District
220 Water Avenue • Berthoud,CO 80513 • 970-532-7700 • Fox 970-532-0942
Weld County Planning Department
GREELEY OFFICE
June 28, 2010 ,°Ili (I 1 ?pip
RECEIVED
Mr. Kim Ogle
Planner Manager
Weld County Planning Department
1400 N. 17th 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 August 13, 2010, at the Subdistrict's office,
220 Water Avenue, Berthoud, Colorado.
If you have any questions, please feel free to give me a call at 970-622-2216.
Sincerely,
r ,
if , ` t1 `-` - 7
Marilyn L. Conley
Allotment Contacts Manager
me
Enclosure
...'
W
-J
•
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
Villano Brothers Family Lot B 30.59
Investments, LLC Recorded Exception No. 1471-20-1
RE 4890, being part of the NW 'A of
the NE ''A of Section 20, Township 1
North, Range 66 West of the 6th
P.M., County of Weld,
State of Colorado
Lo)
TOTAL ACRES INCLUDED 39:59-
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\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
Anewa
Manager, 13050 WCR 10
Robert P. Villano Villano Brothers Family Ft. Lupton, CO 80621
Investments, LLC
STATE OF COLORADO)
)ss
County of ';,2L
The foregoing instrument was acknowledged before me this .' /` day of j
A.D. 20 !O, bY �JI'x .t ?:� � �r �.� r
Witness my hand and Seal. My commission expires: C,- r
,
a,e0/,1 1 /-\I t G /. ttC ( 1 6 1•
c-� • , ` Notary Public
r -
Ijl yA•
xhT
H:\LAND-ALL\CONLEY\FORMS\petition.in c-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("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 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
06/17/10 �G��. 13050 WCR. 10
Robert P. Villano, Manager Ft. Lupton, CO 80621
Villano Brothers Family Investments, LLC
H:\LAND-ALL\CONLEY\FORMS\petiti on.inc-subd.doc
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