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STATE OF COLORADO )
) SS.
COUNTY OF WELD )
EXCLUSION ORDER
Larry E. & Charlene K. Baumgartner
80 acres in the E 1/2NW 1/4 and 6.08 acres in part of the SW1/4SW1/4NW1/4,
1/4S W 1/4NW 1/4,
Lot A, RE-2863 both in Section 2, Township 1 North, Range 63 West of the 6t"
P.M., Weld County, Colorado, 86.08 acres and
40 acres in the SW1/4SE1/4 of Section 14, Township 1 North, Range 63 West
of the 6th P.M., Weld County, Colorado, for a total of 126.08 acres of land.
We, Leroy E. Zimbelman, President, and Lawrence E. Gerkin, 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, January 8, 2002,
there were present:
Leroy E. Zimbelman President
Marc D. Sirios Director
Kenneth D. Boilers Director
Lawrence E. Gerkin 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:
2002-0198
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"WHEREAS the following described land, towit, 80 acres in the E1/2NW1/4 and 6.08 acres in
part of the SW1/4S/W1/4N/W1/4, Lot A, RE-2863 both in Section 2, Township 1 North, Range
63 West of the 6`1 P.M., Weld County, Colorado, 86.08 acres and,
40 acres in the SW 1/4SE1/4 of Section 14, Township 1 North, Range 63 West of the 6th P.M.,
Weld County, Colorado, for a total of 126.08 acres of 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 Larry E. & Charlene K. Baumgartner, owners 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 owners 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 had 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 8th day of January , 2002 A.D.
President
ATTEST: JJ y�K OZY,_.L...�
Secretary ��
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
INCLUSION ORDER
Larry E. & Charlene K. Baumgartner
The W 126.08 acres in NW 1/4, Section 2, Township 1 North, Range 63 West of
the 6th P.M., Weld County, Colorado.
We, Leroy E. Zimbelman, President, and Lawrence E. Gerkin, 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, January 8, 2002, there
were present:
Leroy E. Zimbelman President
Marc D. Sirios Director
Kenneth D. Boilers Director
Lawrence E. Gerkin 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:
"WHEREAS, Larry E. & Charlene K. Baumgartner, owners of a parcel of land being the W
126.08 acres in the NW1/4, Section 2, Township 1 North, Range 63 West of the 6th P.M., Weld
County, Colorado, have filed with this Board, a 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 reason in said petition stated and proven, as aforesaid, that the prayer of the petition
for the inclusion of land of said Larry E. & Charlene K. Baumgartner be, 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 8th day of January , 2002 A.D.
resid y �/
ATTEST: e
Secretary
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