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Home My WebLink About20073378 917 CORRECTED RESOLUTION (Corrected as to Legal Description) RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado; and WHEREAS,Section 30-11-401,et seq.,C.R.S.,the Law Enforcement Authority Act of 1969, provides the authority to create law enforcement authorities and directs the procedures for establishment thereof, and WHEREAS, certain property owned by H.P. Farms, LLC, and Pioneer Communities, Inc., (the "Property Owner") in southern Weld County, currently has minimal on-site law enforcement protection and is to be developed for urban density, which will exceed the resources available to the Weld County Sheriff, and WHEREAS,a law enforcement authority is intended to provide additional or alternative law enforcement to residents in developments located in unincorporated areas of counties, and WHEREAS, after discussions between the Weld County Sheriffs Office, the Weld County Attorney's Office, and the Weld County Director of Finance and Administration, the creation of a law enforcement authority is necessary and appropriate in order to provide adequate law enforcement in the Pioneer Subdivision, and WHEREAS,certain owners of property within the boundaries of the proposed Weld County Pioneer Community Law Enforcement Authority have submitted a request for the creation of such Authority to the Board of County Commissioners, and WHEREAS, the area to be included within the law enforcement authority consists of approximately 5,700 acres, and is generally located lying northeasterly of the Town of Hudson, Weld County, Colorado. Though not all the roads are constructed within the entire area, the property is generally bounded by the Weld County road grid on the south by County Road 20, on the north by County Road 28, on the west by County Road 45, and on the east by County Road 55. The property is more particularly described in Exhibit"A,"attached hereto and incorporated herein by this reference (the "Property"), and 5111911 IIIII11lIIIIIIIIII1111111111IIIIR111111 :20p weid County, CO 1 o 99 R10.00/ZD 0.00 2Steve Moreno Clerk& Recorder 2007-3378 �q SD0131 CC AS l)(L; / � C 3±ift iC€4 L--e 11 -.?`l-l' 7 RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 2 WHEREAS,formation of the Weld County Pioneer Community Law Enforcement Authority will provide additional law enforcement for persons residing in the Pioneer Subdivision and immediately surrounding areas of Weld County,will prevent the crime rate from rising therein, and will better assist police, sheriff, and other law enforcement agencies in prevention of crime and in the detection and apprehension of criminal offenders, and WHEREAS, the procedural requirements of Section 30-11-401, C.R.S., have been met, including publication in a newspaper of general circulation in the area of the proposed authority once a week for at least three consecutive weeks, with notice therein of the date, time, and place of the meeting whereby this Board considered the action contemplated herein, and WHEREAS, the Board of County Commissioners finds it has jurisdiction herein. NOW,THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, hereby declares its intent to create an Authority pursuant to Section 30 11-401, et seq., C.R.S., which shall be known as the Weld County Pioneer Community Law Enforcement Authority (hereinafter referred to as Pioneer Community LEA). The territory of the Pioneer Community LEA shall generally include the property more particularly described in Exhibit"A." BE IT FURTHER RESOLVED that the Board of County Commissioners, as the ex-officio governing Board of the Pioneer Community LEA, shall have all such powers and duties granted or imposed under Section 30-11-401,et seq., C.R.S.,and any further powers and duties which may hereinafter be granted and imposed by statute. BE IT FURTHER RESOLVED that the Pioneer Community LEA shall be deemed created thirty days following the canvass of votes cast at the election indicating approval of the creation of the Authority, which election shall be held on November 7, 2006. BE IT FURTHER RESOLVED that the polling place shall be the office of Susan Kikoen,the Designated Election Official, c/o McGeady Sisneros, P.C., 1675 Broadway, Suite 2100, Denver, Colorado 80202, (303) 592-4380, and the election shall be by mail ballot election pursuant to Section 1-7.5-101, et seq., C.R.S. 1111111111111111111111H 11111111111II1111111111IIII 3513977 10/29/2007 02:20P Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3378 SD0131 RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 3 BE IT FURTHER RESOLVED that the ballot question to be put forth to the electors at the election to be held on the 7th day of November, 2006, is as follows: Shall the area which is generally located in Sections 4, 5, 7, 8, 9, 17, 18, Township 2 North, Range 64 West of the Sixth Principal Meridian, Section 32,Township 3 North, Range 64 West of the Sixth Principal Meridian, and Sections 1, 2, 11, 12, 13, 14, 15, Township 2 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, excepting all mineral interests, be included in a Law Enforcement Authority pursuant to the Law Enforcement Authority Act of 1969 to be known as the Weld County Pioneer Community Law Enforcement Authority? BE IT FURTHER RESOLVED that the ballot issue to be put forth to the electors at the election to be held on the 7th day of November, 2006, is as follows: SHALL WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY TAXES BE INCREASED $20,000,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY TO PAY THE AUTHORITY'S OPERATING EXPENSES, AND SHALL PROPERTY TAXES BE IMPOSED IN ANY YEAR AT A RATE OF SEVEN MILLS AND ANY INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE AUTHORITY IN FISCAL YEAR 2007, AND IN EACH YEAR THEREAFTER FOR AS LONG AS THE AUTHORITY CONTINUES IN EXISTENCE, WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND WITHOUT REGARD TO THE LIMITATION ON PROPERTY TAXATION IN SECTION 29-1-301, C.R.S., SECTION 14-7 OF THE WELD COUNTY HOME RULE CHARTER,OR ANY OTHER STATUTORY OR CONSTITUTIONAL PROVISION THAT PURPORTS TO LIMIT THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY'S REVENUES OR EXPENDITURES? Persons eligible to vote are persons who, on the date of this election, are qualified to vote in a General Election in the State of Colorado and have been a resident of the proposed law enforcement authority for not less than 30 days, or who or whose spouse owns taxable real or personal property within the proposed authority, whether or not said person resides within the authority. 1111111 1111 113 111 1111 1110111 I I 111111 I I I I I H I 3513977 10/29/2007 02:20P Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-3378 SD0131 RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 4 BE IT FURTHER RESOLVED that notice of the election shall be published by the Designated Election Official as provided herein, and said notice shall contain essentially the following information: The polling place shall be the office of Susan Kikoen, the Designated Election Official, do McGeady Sisneros, P.C., 1675 Broadway, Suite 2100, Denver, Colorado 80202, (303)592-4380, and the election shall be by mail ballot pursuant to Section 1-7.5-101, et seq., C.R.S., between the hours of 7:00 a.m. and 7:00 p.m. The ballot question and ballot issue presented shall be: Shall the area which is generally located in Sections 4, 5, 7, 8, 9, 17, 18, Township 2 North, Range 64 West of the Sixth Principal Meridian, Section 32,Township 3 North, Range 64 West of the Sixth Principal Meridian, and Sections 1, 2, 11, 12, 13, 14, 15, Township 2 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, excepting all mineral interests, be included in a Law Enforcement Authority pursuant to the Law Enforcement Authority Act of 1969 to be known as the Weld County Pioneer Community Law Enforcement Authority? And: SHALL WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY TAXES BE INCREASED $20,000,000 ANNUALLY OR SUCH LESSER AMOUNT AS NECESSARY TO PAY THE AUTHORITY'S OPERATING EXPENSES, AND SHALL PROPERTY TAXES BE IMPOSED IN ANY YEAR AT A RATE OF SEVEN MILLS AND ANY INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE AUTHORITY IN FISCAL YEAR 2007, AND IN EACH YEAR THEREAFTER FOR AS LONG AS THE AUTHORITY CONTINUES IN EXISTENCE, WITHOUT LIMITATION BY THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND WITHOUT REGARD TO THE LIMITATION ON PROPERTY TAXATION IN SECTION 29-1-301, C.R.S., SECTION 14-7 OF THE WELD COUNTY HOME RULE CHARTER,OR ANY OTHER STATUTORY OR CONSTITUTIONAL PROVISION THAT PURPORTS TO LIMIT THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY'S REVENUES OR EXPENDITURES? 11397 10/III 9/20 ��111111 11111 III 11111 Ell 11 3513977 10/29/2007 02:20P Weld County, CO II 4 of 9 R 0.00 0.00 Steve Moreno Clerk& Recorder 2007-3378 SD0131 RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 5 Persons eligible to vote are persons who,on the date of this election, are registered to vote in a General Election in the State of Colorado and have been a resident of the proposed law enforcement authority for not less than 30 days, or who or whose spouse owns taxable real or personal property within the proposed authority, whether or not said person resides within the authority. BE IT FURTHER RESOLVED that if a canvass of the votes indicates that a majority of those electors of the authority voting at said election have voted in favor of said proposition, such authority shall be approved and the Pioneer Community LEA shall be created, effective thirty days following such canvass. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of October, A.D., 2007. E 1, `BOARD OF COUNTY COMMISSIONERS __ ® ` D COUNT, •LORADO DPATTEST: I ' 'a S'cl -kJ'�rl vid E. Long, Chair Weld County Clerk to the B. ® William H. e, Pro-Tem BY: ,t L �.J alt D: . tyCl ktotheBo-r Willis l/FGarcia ,Al),12go D RM: I /1 Robert D. Masden ounty Attorney N Douglas ademache Date of signature: MAO_ NI IIIII IIII 111111 IN III IIIII 3513977 10/29/2007 02:20P Weld County, CO 5 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2007-3378 SD0131 RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 6 EXHIBIT A (the "Property") PARCEL 1: ALL OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M.; THE EAST HALF OF SECTION 5; THE SOUTHWEST QUARTER OF SECTION 4; ALL OF SECTION 8; EXCEPT THE WEST HALF OF THE SOUTHWEST QUARTER;ALL OF SECTION 7; THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M.; AND ALL OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A TRACT OF LAND CONVEYED TO LONE TREE TURKEY FARM, INC., A COLORADO CORPORATION, BY DEED RECORDED JANUARY 21, 1963 IN BOOK 1636 AT PAGE 232, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF SE 1/4 OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 1005 FEET; THENCE AT RIGHT ANGLES NORTH A DISTANCE OF 825 FEET; THENCE AT RIGHT ANGLES EAST A DISTANCE OF 1005 FEET TO THE EAST LINE OF SAID SECTION 9; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 825 FEET TO POINT OF BEGINNING; ALSO EXCEPTING THEREFROM A TRACT OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 27, 1964 IN BOOK 528 AS RECEPTION NO. 1450245, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 150 FEET OF THE NORTH 1/2 OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LOTS A AND B OF RECORDED EXEMPTION NO. 1307-14-2-RE2901, RECORDED JULY 17, 2002 AT RECEPTION NO. 2969737, BEING A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. LOTS B AND C OF CORRECTED RECORDED EXEMPTION NO. 1307-11-4-RE2897, RECORDED APRIL 13, 2004 AT RECEPTION NO. 3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., 1351113111717111101/21191/12101 IIII IIIIII IIIIII VIII III VIII tit IIII 2007-3378 SD0131 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk&Recorder RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 7 A PART OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: THAT PART OF THE NW 1/4 BEGINNING AT THE NORTHEAST CORNER OF SAID NW 1/4; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET TO A POINT; THENCE SOUTHEASTERLY BY DIRECT LINE TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 1980 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1980 FEET TO THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. PARCEL 2: LOT B OF RECORDED EXEMPTION NO. 1307-15-I-RE2900, RECORDED SEPTEMBER 21, 2001 AT RECEPTION NO. 2885252, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., LOT B OF RECORDED EXEMPTION NO. 1305-17-3 RE-3467, RECORDED FEBRUARY 6,2003 AT RECEPTION NO. 3030816, BEING A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., AND THE SOUTH THIRTY FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. AND LOT B OF RECORDED EXEMPTION NO.1305-18-I-RE-3731, RECORDED APRIL 8, 2004 AT RECEPTION NO. 3169084, BEING A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17 AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 17 TO BEAR SOUTH 89°48'47" WEST AS MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 17 BY A 3/4" REBAR 111111111111111111 IIII 11111111111111111 �� 11111 �� 2007-3378 3513977 10/29/2007 02:20P Weld County, CO SD0131 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 8 WITH A21/2"ALUMINUM CAP P.L.S.28285,AND BEING MONUMENTEDATTHE NORTHEAST CORNER OF SAID SECTION 17 BY A 1" REBAR WITH A 2 1/2"ALUMINUM CAP P.L.S. 13155 AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4, NORTH 00°26'14" WEST, A DISTANCE OF 317.94 FEET; THENCE NORTH 27'00'36" WEST, A DISTANCE OF 537.25 FEET; THENCE NORTH 04°53'13' WEST, A DISTANCE OF 527.46 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG SAID NORTH LINE,SOUTH 89°52'24"WEST,A DISTANCE OF 1043.97 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, SOUTH 00°26'14" EAST, A DISTANCE OF 1321.47 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, NORTH 89°55'48" EAST, A DISTANCE OF 1325.24 FEET TO THE POINT OF BEGINNING. LOT B OF RECORDED EXEMPTION NO.1305-17-2-RE2827,RECORDED NOVEMBER 1S,2000 AT RECEPTION NO. 2806942, BEING A PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LOTS A AND B OF RECORDED EXEMPTION NO. 1305-8-3 RE-3611, RECORDED OCTOBER 16, 2003 AT RECEPTION NO. 3117680, BEING THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 3: ALL OF SECTION 2; THE NORTH HALF OF SECTION 13; THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., EXCEPT A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET TO A POINT; THENCE SOUTHEASTERLY BY DIRECT LINE TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 1,980 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; 11111 1th11111 1111111111 11111111111I I I R111111111 3513977 10/29/2007 02:20P Weld County, CO 2007-3378 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SD0131 RE: DECLARING INTENT TO CREATE THE WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY PAGE 9 THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1,980 FEET TO THE POINT OF BEGINNING, ALSO A RIGHT OF WAY 20 FEET WIDE ALONG THE EAST LINE OF THE SOUTH 700 FEET OF SAID QUARTER SECTION. THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, AND THE SOUTH HALF OF SECTION 1, BOTH IN TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 12; THENCE SOUTH 87°53'39 EAST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 ON A BEARING SHOWN ON A SURVEY BY JASPER FREESE L.S. 4392, DATED JANUARY 1973, A DISTANCE OF 248.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°09'15' WEST A DISTANCE OF 1453.15 FEET; THENCE SOUTH 30°02'40' EAST A DISTANCE OF 1320.85 FEET; THENCE SOUTH 86°30'08" EAST A DISTANCE OF 1667.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE NORTH 88°30'22' WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 A DISTANCE OF 2582.93 FEET TO THE CENTER OF SAID SECTION 12; THENCE NORTH 00°16'18' EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF SECTION 12 A DISTANCE OF 2640.05 FEET TO SAID NORTH 1/4 CORNER OF SECTION 12; THENCE NORTH 87°53'39" WEST ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF SECTION 1 A DISTANCE OF 358.53 FEET; THENCE NORTH 75°00'00' EAST A DISTANCE OF 391.65 FEET; THENCE SOUTH 89°50'00' EAST A DISTANCE OF 228.36 FEET; THENCE SOUTH 00°09'15" WEST A DISTANCE OF 123.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO, PARCEL 4: LOT B OF RECORDED EXEMPTION NO.1307-12-4-RE1923, RECORDED DECEMBER 17,1996 IN BOOK 1581 AT RECEPTION NO.2525400,BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 5: LOT A OF CORRECTED RECORDED EXEMPTION NO. 1307-11-4-RE2897, RECORDED APRIL 13,2004 AT RECEPTION NO.3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 111111111111111111I111111111111111IIIII III11111IIII III 3513977 10/29/2007 02:20P Weld County, CO 9 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2007-3378 SD0131 McGeady Sisneros, P.C. M C GEADY SISNEROS 450 E. 17th Avenue, Suite 400 Denver, Colorado 80203-1214 303.592.4380 tel 303.592.4385 fax www.m c g e a d ys i s n e ros.c o rn October 22, 2007 VIA FEDERAL EXPRESS rr, Esther E. Gesick Deputy Clerk to the Board D i r' Weld County Commissioners' Office D1 �•- 915 10th Street Cl g Greeley, CO 80631 Re: Weld County Pioneer Community Law Enforcement Authority Dear Esther: Pursuant to you request, enclosed is the original Board of Canvassers Certificate of Election Results for the Special Election Held November 7, 2006 relative to the above-referenced entity. Also enclosed is the corrected legal description to be replaced and attached to the Resolution Declaring Intent to Create the Weld County Pioneer Community Law Enforcement Authority. Please have this matter added to the BOCC's agenda so that the Resolution can be recorded by October 31, 2007, effecting the creation of the LEA, and please forward a recorded copy of the Resolution to me for our records. If you have any questions or need anything further, please do not hesitate to contact me. Very truly yours, MCGEADY SISNEROS, P.C. Susan Kikoen Managing Paralegal Enclosures cc: Joy McGee MaryAnn McGeady tool 10315 DOC v 11 2007-3378 EXHIBIT A (THE "PROPERTY") PARCEL 1: ALL OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 64 WEST OF THE 6TH P.M.; THE EAST HALF OF SECTION 5; THE SOUTHWEST QUARTER OF SECTION 4; ALL OF SECTION 8 EXCEPT THE WEST HALF OF THE SOUTHWEST QUARTER; ALL OF SECTION 7; THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. AND ALL OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., EXCEPTING THERE FROM A TRACT OF LAND CONVEYED TO LONE TREE TURKEY FARM, INC., A COLORADO CORPORATION, BY DEED RECORDED JANUARY 21, 1963 IN BOOK 1636 AT PAGE 232, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF SE 1/4 OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 1005 FEET; THENCE AT RIGHT ANGLES NORTH A DISTANCE OF 825 FEET; THENCE AT RIGHT ANGLES EAST A DISTANCE OF 1005 FEET TO THE EAST LINE OF SAID SECTION 9; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 825 FEET TO POINT OF BEGINNING; ALSO EXCEPTING THERE FROM A TRACT OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF COLORADO BY DEED RECORDED NOVEMBER 27, 1964 IN BOOK 528 AS RECEPTION NO. 1450245, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 150 FEET OF THE NORTH 1/2 OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LOTS A AND B OF RECORDED EXEMPTION NO. 1307-14-2-RE2901, RECORDED JULY 17, 2002 AT RECEPTION NO. 2969737, BEING A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. LOTS B AND C OF CORRECTED RECORDED EXEMPTION NO. 1307-11-4-RE2897, RECORDED APRIL 13, 2004 AT RECEPTION NO. 3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., A PART OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: THAT PART OF THE NW 1/4 BEGINNING AT THE NORTHEAST CORNER OF SAID NW 1/4; (00084805.DOC v ) LEGAL DESCRIPTION FOR WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY Page 2 THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET TO A POINT; THENCE SOUTHEASTERLY BY DIRECT LINE TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 1980 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1980 FEET TO THE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. PARCEL 2: LOT B OF RECORDED EXEMPTION NO. 1307-15-I-RE2900, RECORDED SEPTEMBER 21, 2001 AT RECEPTION NO. 2885252, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., LOT B OF RECORDED EXEMPTION NO. 1305-17-3 RE-3467, RECORDED FEBRUARY 6, 2003 AT RECEPTION NO. 3030816, BEING A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., AND THE SOUTH THIRTY FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M. AND LOT B OF RECORDED EXEMPTION NO.1305-18-I-RE-3731, RECORDED APRIL 8, 2004 AT RECEPTION NO. 3169084, BEING A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17 AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID SECTION 17 TO BEAR SOUTH 89°48'47" WEST AS MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 17 BY A 3/4" REBAR WITH A 2 1/2" ALUMINUM CAP P.L.S. 28285, AND BEING MONUMENTED AT THE NORTHEAST CORNER OF SAID SECTION 17 BY A 1" REBAR WITH A 2 1/2" ALUMINUM CAP P.L.S. 13155 AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; (00084805:DOC v:l} 2 LEGAL DESCRIPTION FOR WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY Page 3 THENCE ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4, NORTH 00°26'14"WEST, A DISTANCE OF 317.94 FEET; THENCE NORTH 27'00'36"WEST, A DISTANCE OF 537.25 FEET; THENCE NORTH 04°53'13' WEST, A DISTANCE OF 527.46 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG SAID NORTH LINE, SOUTH 89°52'24" WEST, A DISTANCE OF 1043.97 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, SOUTH 00°26'14" EAST, A DISTANCE OF 1321.47 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 17, NORTH 89°55'48" EAST, A DISTANCE OF 1325.24 FEET TO THE POINT OF BEGINNING. LOT B OF RECORDED EXEMPTION NO.1305-17-2-RE2827, RECORDED NOVEMBER 15, 2000 AT RECEPTION NO. 2806942, BEING A PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LOTS A AND B OF RECORDED EXEMPTION NO. 1305-8-3 RE-3611, RECORDED OCTOBER 16, 2003 AT RECEPTION NO. 3117680, BEING THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 3: ALL OF SECTION 2; THE NORTH HALF OF SECTION 13; THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., EXCEPT A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION A DISTANCE OF 1320 FEET TO A POINT; THENCE SOUTHEASTERLY BY DIRECT LINE TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 1,980 FEET SOUTH OF THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 1,980 FEET TO THE POINT OF BEGINNING, ALSO A RIGHT OF WAY 20 FEET WIDE ALONG THE EAST LINE OF THE SOUTH 700 FEET OF SAID QUARTER SECTION. (00084805.DOC v:l) 3 LEGAL DESCRIPTION FOR WELD COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY Page 4 THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, AND THE SOUTH HALF OF SECTION 1, BOTH IN TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 12; THENCE SOUTH 87°53'39 EAST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 ON A BEARING SHOWN ON A SURVEY BY JASPER FREESE L.S. 4392, DATED JANUARY 1973, A DISTANCE OF 248.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°09'15'WEST A DISTANCE OF 1453.15 FEET; THENCE SOUTH 30°02'40' EAST A DISTANCE OF 1320.85 FEET; THENCE SOUTH 86°30'08" EAST A DISTANCE OF 1667.16 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE NORTH 88°30'22' WEST ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF SECTION 12 A DISTANCE OF 2582.93 FEET TO THE CENTER OF SAID SECTION 12; THENCE NORTH 00°16'18' EAST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF SECTION 12 A DISTANCE OF 2640.05 FEET TO SAID NORTH 1/4 CORNER OF SECTION 12; THENCE NORTH 87°53'39" WEST ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF SECTION 1 A DISTANCE OF 358.53 FEET; THENCE NORTH 75°00'00' EAST A DISTANCE OF 391.65 FEET; THENCE SOUTH 89°50'00' EAST A DISTANCE OF 228.36 FEET; THENCE SOUTH 00°09'15" WEST A DISTANCE OF 123.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO, PARCEL 4: LOT B OF RECORDED EXEMPTION NO.1307-12-4-RE1923, RECORDED DECEMBER 17,1996 IN BOOK 1581 AT RECEPTION NO. 2525400, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO. PARCEL 5: LOT A OF CORRECTED RECORDED EXEMPTION NO. 1307-11-4-RE2897, RECORDED APRIL 13, 2004 AT RECEPTION NO. 3170175, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. P:\3325\LEA LEGAL\LEA Legal Description(00084805)REV(2)10.22.2007 (00084805.DOCv I) 4 Esther Gesick From: Esther Gesick Sent: Thursday, October 18, 2007 10:48 AM To: 'Susan Kikoen' Cc: Bruce Barker; Randi Kimmi; Jackie Weimer; Jennifer VanEgdom; Kim Ogle Subject: FW: response requested before Oct 31 - Law Enforcement Districts Attachments: IntentReso.tif; ElectionOfficial.tif 3� ria IntentReso.tif(525 ElectionOfficial.tif KB) (378 KB) Good Morning Susan, Based on the following e-mail from the Assessor's Office I began researching the completion of the Pioneer Community Law Enforcement Authority (LEA) . Our records show Resolutions were completed to designate you as the Election Official and establish the Intent to Create/Ballot Question (see attached) ; however, I have no record of a Certification from the Canvass Board for the November 7, 2006, Election. Additionally, the issue of a corrected legal description needs to be verified by you before I can do a corrected Resolution, if necessary. In speaking with the County Attorney, it is my understanding that the LEA cannot be created for this year until the issue of the legal description is verified, the existing (or corrected, if necessary) Intent Resolution is recorded, and the Certification of the Canvass Board is received, accepted, and recorded by the Board of Commissioners. Please let me know how I can be of assistance as we try to complete documentation of this process. Thanks! Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970) 356-4000 X4226 (970) 352-0242 (fax) Original Message From: Bruce Barker Sent: Wednesday, October 17, 2007 3 :00 PM To: Esther Gesick; Jennifer VanEgdom Subject: FW: response requested before Oct 31 - Law Enforcement Districts Could you take care of this? Need to correct the legal and then record the corrected reso. Thanks! Original Message From: Randi Kimmi Sent: Wednesday, October 17, 2007 2:38 PM To: Bruce Barker Cc: Jackie Weimer Subject: response requested before Oct 31 - Law Enforcement Districts Good afternoon Bruce, 1 Regarding our phone conversation on October 16, per our Assessment Coordinator, we need Resolution 2006-2748 to create Pioneer Community Law Enforcement District recorded with the Weld County Clerk and Recorder before October 31 in order for us to complete our processes to have the new district included on the 2007 final certification. If the document is not able to be recorded prior to October 31, this district will be created for next year. In anticipation of this document being recorded, we have started to research the legal descriptions provided in Resolution 2006-2748. Our Transfers department believes there is a typo in the township of parcel 1. If there is a problem with the legal description, it will need to be corrected prior to recording the document to be sure that the correct parcel(s) are included and that the Resolution does not cause any unnecessary splits of property. Also as I mentioned in my prior e-mail on September 7, Southwest Weld Law Enforcement District has a legal description of only one acre but the attorney for St Vrain Lakes Metro District informed me that the whole Carma Bayshore development was to be included. To my knowledge, no documents have yet been filed for any inclusion of property into the district. If you know of a document that is recorded for an inclusion of property, please let us know the reception number. Otherwise, I am told that if the inclusion document is not recorded with the Weld County Clerk and Recorder before October 31, any parcel(s) in addition to the one acre will also not be able to be included in the 2007 certification. Please let us know the status on these two districts as soon as possible. Thanks, Randi Kimmi Assistant Analyst Office of the Weld County Assessor Phone (970) 353-3845, EXT 3669 Fax (970) 304-6433 Email: rkimmi@co.weld.co.us Website: www.co.weld.co.us chttp://www.co.weld.co.us/> Weld County Administrative Offices 1400 N 17 Ave Greeley, CO 80631 2 Hello