HomeMy WebLinkAbout20061321.tiff STATE OF COLORADO )
) SS.
COUNTY OF WELD )
EXCLUSION ORDER
Keene Storage, C/O Stanley F. Gingerich:
SE'/, 45 acres, in Section 35, Township 2 North, Range 63 West of the 6th
P.M., Weld County, Colorado.
E''SW'/4, 80 acres, in Section 36, Township 2 North, Range 63, West of the 6th
P.M., Weld County,Colorado.
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 Tuesday, May 2, 2006, there
were present:
Kenneth D. Bollers 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:
Otyys0l1 2006-1321
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"WHEREAS the following described land, towit:
Keene Storage, C/O of Stanley F. Gingerich, SE'/o,45 acres, in Section 35, Township 2 North, Range 63
West of the 6th P.M., Weld County, Colorado.
Keene Storage, C/O of Stanley F. Gingerich, E1/4SW1/4, 80 acres, in Section 36,Township 2 North, Range
63, West of the 6th P.M., Weld County, Colorado.
The above acres total 125.00
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, Keene Storage c/o of Stanley F. Gingerich, 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 2"" day of May , 2006 A.D.
President
ATTES
Secrets
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
INCLUSION ORDER
Keene Storage c/o Stanley F. Gingerich :
Pt SW'/a, 130 acres , in Section 36, Township 2 North, Range 63, west of the 6`n
P.M., Weld County, Colorado.
We, Kenneth D. Bollers, 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 Tuesday, May 2, 2006, there were
present:
Rodney W. Baumgartner Secretary/Director
Kenneth D. Bollers President
David E. Bell Director
Stanley Gingerich Director
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:
"WHEREAS,
Keene Storage c/o Stanley F. Gingerich , Pt SW'/<, 130 acres , in Section 36, Township 2 North,
Range 63, west of the 6"'P.M., Weld County, Colorado.
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 Keene Storage c/o of Stanley F. Gingerich, 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 2"d day of May , 2006 A.D.
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President
ATTEST:
Secretary
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