HomeMy WebLinkAbout20102909.tiff Weld County Planning Department
GREELEY OFFICE
�tib... Northern Water nrr r 3 7nln
Northern Colorado Water Conservancy District
220 Water Avenue Berthoud,Colorado 80513 RECEIVED
Phone l-800-369-7246• Fax 1-877-851-0018
www.northernwater.org
November 29, 2010
Mr. Kim Ogle •
Planner Manager I
1
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 January 14, 2011, 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, Q
9/04-2 sy
Marilyn L. Conley
Allotment Contacts Manager
me
Enclosure
�)ry 7C ,a, ,L2-/3-aeio 2010-2909
-
•* 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
Mary Edith Wilkins PT NE4SE4 8-1-66 LOT A REC EXEMPT RE-461 (.85R) 23 5—C301 - 66-08-0 32.63
Mary Edith Wilkins 15853 NW4SE4/N2SW4 8 1 66 LYING E OF UPRR R/W
01 - 66- 08 - 0 95
TOTAL ACRES INCLUDED 1-2-776.3- ) Z 6
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $ 17,830.00
AMOUNT OF NORTHERN WATER FACILITIES
FEE ENCLOSED $ 244.27
AMOUNT OF NORTHERN WATER PROCESSING
FEE ENCLOSED $ 200.00
TOTAL $ 444.27
JOE:Fort Lupton Annax:Docs:INCLUSION PETITION-DISTRICT J3.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
61741
di� c Sr'olc;23
STATE OF COLORADO )
)ss
County of -oOS / S' )
The foregoing instrument was acknowledged before me this a 0 day of O G�o *F ,
A.D. 20 /b,by rrtG,,I l O(; e4 Goillt/�S
CornrnissionExpresAug. 1'20?f
Witness my hand and Seal. My commission expires: MY
N9oo`�,1u, Public
JOE-Fon Lupton Annax:INCLUSION 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
JOE:Fort Lupton Annax:Docs:INCLUSION PETITION-DISTRICT J3.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
Oelq6,ao/6Q, 4,/gV n fieit,
XS (Ppgolc13
JOE:Fort Lupton Annax:Docs:INCLUSION PETITION-DISTRICT J3.doc
APPENDIX "B"
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-1079-02-03
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS,the inclusion of l ands 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
SI 2,988,773,273
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 he 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.
JOE:Fort Lupton Annax:Docs:INCLUSION PETITION-DISTRICT J3.doc
Municipal Subdistrict
Northern Colorado Water Conservancy District
220 Water Avenue• Berthoud,CO 80513 • 97O-532-7700 •fax 970-532-09212
Weld County Planning Department
GREELEY OFFICE
November 29, 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 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 January 14, 2011, at the Subdistrict's office,
220 Water Avenue, Berthoud, Colorado.
Also, the Petition for Inclusion in the name of Tiffany Edwards that was forwarded to
you on September 27, 2010, was approved by the Board of Directors at their meeting on
November 4, 2010. 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,
14 cifri at
Marilyn L. Conley
Allotment Contacts Manager
me
Enclosure
Hello