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HomeMy WebLinkAbout20082004.tiff r STATE OF COLORADO ) ) SS. COUNTY OF WELD ) EXCLUSION ORDER Leonard L. Giuliano: E 1/2NE 1/4 in Section 7, Township 1 North, Range 63 West, of the 6th P.M., Weld County, Colorado, 80.00 acres. We, Kenneth D. Boilers, President, and Rodney W. Baumgartner, Secretary, do hereby certify that we are respectively the President and Secretary of the Board of Directors of the Henrylyn Irrigation District. We further certify that, at a regular meeting of said Board, held in the office of the District at Hudson, Weld County, Colorado, on Friday, May 2, 2008, there were present: Kenneth D. Boilers President David E. Bell Director Stanley Gingerich Director Rodney W. Baumgartner..... Secretary/Manager We further certify that at said meeting of said Board of Directors, there was duly and regularly adopted by the affirmative vote of all members of said Board a resolution of which the following is a full, true, and correct copy, towit: i ' 16Ncel 4Gca �- erg 2008-2004 "WHEREAS the following described land, towit: Leonard L. Giuliano, E1/2NE1/4 in Section 7, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, 80.00 acres.. The preceding land has been included in and is a part of the Henrylyn Irrigation District and subject to irrigation district taxes for said District; and WHEREAS, Leonard L. Giuliano, owner of the above described land, have filed written petition, duly signed and verified by said petitioner, setting forth, among other things, that said land, by reasons of location, cannot be practically irrigated from the present works of the District, and therefore should be excluded, and that the owner of said land, prior to the filing of said petition, paid to the County Treasurer of Weld County all taxes due, other than taxes for irrigation district purposes of said District, together with such penalties or fees as were chargeable thereon, or, that if such taxes have not already been paid, the said petitioner shall pay said taxes before this resolution shall take effect; and WHEREAS said petition has been duly set for hearing upon this day, and that the notice of the filing of said petition, and the time and place at which the said Board of Directors would hear the same, and take evidence in support thereof, and take action thereon, has been duly published and given as provided by law, and the proof thereof filed with this Board, and that the said petition, having at the said time and place duly come to be heard before, and has been heard by, this Board; and WHEREAS the Board having found and decided, as a matter of fact, that the allegations of the petition were sustained by competent and material evidence, and that the said land ought to be excluded from the Henrylyn Irrigation District and relieved from the payment of any outstanding and unpaid assessments for taxes for irrigation district purposes of said District. IT IS FURTHER ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that, for the reasons in said petition stated and proven as aforesaid, the hereinabove land be, and it is, hereby excluded from the Henrylyn Irrigation District and relieved from the payment of any unpaid assessments of tax levies for irrigation district purposes of said District, and the same be in all things abated and discharged, and that the said land is not now subject to assessment or taxation for the purposes of said District, and that the inclusion of said land in said District be, and the same is, hereby rescinded and cancelled, and that a copy of this resolution, certified by the President and Secretary of this Board, be delivered to the Board of County Commissioners and the County Assessor, of Weld County, Colorado, notifying them of the action taken by this Board, and that said land has been excluded from said District and it is not now subject to taxation for irrigation district purposes of the Henrylyn Irrigation District, and that the County Assessor be directed to omit said land from any assessment made, or to be made by him for irrigation district purposes of said District, and also that a certified copy of this resolution be filed for record in the office of the Clerk and Recorder of Weld County, Colorado." IN WITNESS WHEREOF we have hereunto subscribed our names and affixed the seal of the District, this the 2nd day of May , 2008 A.D. � 'President r 2S1) ATTES . Secretary STATE OF COLORADO) ) SS. COUNTY OF WELD ) INCLUSION ORDER Joey Pacheco & Tran Santana: W1/2NE1/4 in Section 7, Township 1 North, Range 63 West of the 6`h P.M., Weld County, Colorado, 80.00 acres. We, Kenneth D. Boilers, President, and Rodney W. Baumgartner, Secretary, do hereby certify that we are respectively the President and Secretary of the Board of Directors of the Henrylyn Irrigation District. We further certify that, at a regular meeting of said Board, held in the office of the District at Hudson, Weld County, Colorado, on Friday, May 2, 2008, there were present: Kenneth D. Boilers President David E. Bell Director Stanley F. Gingerich Director Rodney W. Baumgartner Secretary We further certify that at said meeting of said Board of Directors, there was duly and regularly adopted by the affirmative vote of all members of said Board, a resolution of which the following is a full, true, and correct copy, towit: J)LJd IL/ .. l,,i;li.(a_. 2'n s- / 3 CE, "WHEREAS, Joey Pacheco & Tran Santana,WI/2NE1/4 in Section 7,Township 1 North, Range 63, West of the 6th P.M., Weld County, Colorado, 80.00 acres. has filed with this Board, written petition containing all the allegations and averments necessary by law to be contained therein, praying for the inclusion of the above described land in the Henrylyn Irrigation District; and WHEREAS said petition has been duly set for hearing upon this day, and the notice of the filing of said petition, and time and place at which the Board of Directors of the Henrylyn Irrigation District would hear the same and take evidence in support thereof, and take action thereon, has been duly published as provided by law, and the proof thereof filed with this Board, and the petition, having at said time and place duly come to be heard before, and has been heard by, this Board; and WHEREAS, after careful consideration of the evidence before it, the Board did then and there find and determine that it was for the best interest of the District to include said land in, and make same a part of, said District. IT IS THEREFORE ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that for the reasons in said petition stated and proven, as aforesaid, that the prayer of the petition for the inclusion of land of said Joey Pacheco & Tran Santana, and the same is, hereby allowed and granted and that the said hereinabove described land be, and the same is hereby included in and made a part of the Henrylyn Irrigation District, subject to the payment of all assessments or tax levies for the irrigation district purposes of said District, and that in case no protest in writing be filed within thirty days of date, signed by a majority of the legally qualified electors of said District, that a copy of this resolution, certified by the President and the Secretary of this Board, shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado, and also there shall be delivered to the Board of County Commissioners and the County Assessor of Weld County, Colorado, each a copy of this order, notifying them of the action taken by this Board and that said land has been included in said district, and that the County Assessor be directed to include said land in any assessment to be made by him for irrigation district purposes of said District." IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the seal of the District, this 2nd day of May , 2008 A.D. President ATTEST: Secretar STATE OF COLORADO) ) SS. COUNTY OF WELD ) CORRECTED INCLUSION ORDER Whereas, on December 8, 2006, at Reception No. 3440687, there was recorded an Inclusion Order containing errors in the legal description. Now, therefore, it is shown follows: Boxelder Creek Properties, LLC: SE'/NW%NE'/; E%ZSW''ANE''A; and the E'/2W''ASW%NE'/, being a total of 38 acres, in Section 25, Township 1 North, Range 65 West of the 6`h P.M., Weld County, Colorado. SW corner of the SW'/4SW'/SE'/, 4 acres, in Section 25, Township 1 North, Range 65 West of the 6`h P.M., Weld County, Colorado. E'/zSE' (exception of SE corner of E''ASE'/ Lot B RE-143, 3 acres) 73 acres, and SW''ASE%, (exception of SW corner of SW'ASE'/A Lot A Recorded exemption 1473-25-4-RE-3276, 5 acres) 35 acres, in Section 25, Township 1 North, Range 65, West of the 6m P.M., Weld County, Colorado. Total of 150.00 acres We, Kenneth D. Boilers, President, and Rodney W. Baumgartner, Secretary, do hereby certify that we are respectively the President and Secretary of the Board of Directors of the Henrylyn Irrigation District. We further certify that, at a regular meeting of said Board, held in the office of the District at Hudson, Weld County, Colorado, on Friday, May 2, 2008, there were present: Kenneth D. Boilers President David E. Bell Director Stanley F. Gingerich Director Rodney W. Baumgartner Secretary We further certify that at said meeting of said Board of Directors, there was duly and regularly adopted by the affirmative vote of all members of said Board, a resolution of which the following is a full, true, and correct copy, towit: L)L1i.. 7 "WHEREAS, Boxelder Creek Properties, LLC- SE'/.NW'/+NE' ; E''SW'ANE'/; and the E'/2W''ASW%NE'/, are a total of 38 acres, in Section 25, Township 1 North, Range 65 West of the 6`h P.M., Weld County, Colorado. Boxelder Creek Properties, LLC- SW corner of the S W'/,SW'/ASE'/ Lot A RE-3276, 4 acres, in Section 25, Township 1 North, Range 65, West of the 6`h P.M., Weld County, Colorado. Boxelder Creek Properties, LLC-E'/zSE'/A (exception of SE corner of E''ASE'h Lot B RE-143, 3 acres) 73 acres, and SW'/ASE'/, (exception of SW corner of SW%ASE'h Lot A Recorded exemption 1473-25-4-RE-3276, 5 acres) 35 acres, in Section 25, Township 1 North, Range 65, West of the 6"' P.M., Weld County, Colorado. Total acres 150.00 has filed with this Board, written petition containing all the allegations and averments necessary by law to be contained therein,praying for the inclusion of the above described land in the Henrylyn Irrigation District; and WHEREAS said petition has been duly set for hearing upon this day, and the notice of the filing of said petition, and time and place at which the Board of Directors of the Henrylyn Irrigation District would hear the same and take evidence in support thereof, and take action thereon, has been duly published as provided by law, and the proof thereof filed with this Board, and the petition, having at said time and place duly come to be heard before, and has been heard by, this Board; and WHEREAS, after careful consideration of the evidence before it, the Board did then and there find and determine that it was for the best interest of the District to include said land in, and make same a part of, said District. IT IS THEREFORE ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that for the reasons in said petition stated and proven, as aforesaid, that the prayer of the petition for the inclusion of land of said Boxelder Creek Properties, LLC, and the same is, hereby allowed and granted and that the said hereinabove described land be, and the same is hereby included in and made a part of the Henrylyn Irrigation District, subject to the payment of all assessments or tax levies for the irrigation district purposes of said District, and that in case no protest in writing be filed within thirty days of date, signed by a majority of the legally qualified electors of said District, that a copy of this resolution, certified by the President and the Secretary of this Board, shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado, and also there shall be delivered to the Board of County Commissioners and the County Assessor of Weld County, Colorado, each a copy of this order, notifying them of the action taken by this Board and that said land has been included in said district, and that the County Assessor be directed to include said land in any assessment to be made by him for irrigation district purposes of said District." IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the seal of the District, this 2nd day of May , 2008 A.D. �_`1� /i a sai l f ` ,6'vCC/� e, President ATTEST: Secretary Hello