HomeMy WebLinkAbout20000729 RESOLUTION
THIS MATTER coming before the Board of Directors of the Ilenrylyn Irrigation District at
its regular monthly meeting held February 1, 2000;
AND the Board being duly advised in the premises:
NOW HEREBY FINDS THAI':
Charles R. & Josephine R. Dittmer
Pt TR 11 NE1/4 in the Town of Keenesburg Beg. at a Pt 995.9' E of Cen. Sec. 26 N150'
E100' S150' W100' to beg. N20' used for alley, Section 26, Township 2 North, Range 64,
West of the 6`l' p.m., Weld County, Colorado, for a total of.33 acres
Inasmuch as it is not practical or possible to irrigate said property from the works of the
District.
FURTHER, the Board finds that it would be in the best interest of the District, and the
landowners and members thereof, and the lien holders thereon, if any, that the District should
pay the 2000 water assessment and that such land be excluded from the Henrylyn Irrigation
District as it is conclusively presumed that such lands are unproductive and unfruitful.
NOW THEREFORE, IT IS RESOLVED THAT the aforementioned property be, and is
hereby excluded from the list of District land for all purposes pursuant to C.R.S. 37-41-142(2).
IN WITNESS WHEREOF the Board of Directors of the Henrylyn Irrigation District place
their hands and seals, nunc pro tune February I, 2000.
LE OY E. 4 MAN, President & Director
MARC . SIRIOS, Director
ENNETH D. BOLLERS, Director
LAWRENCE E. GERKIN, Secretary/Manager
Published in the South Weld Sun, February 17, 24, & March 2, 2000.
�0 I� 2000-0729
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
INCLUSION ORDER
Richard H. & Sharon L. Stewart
The West 37.70 acres in the NE1/4, South of Weld County Road 16, Section 34,
Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, 37.70
acres.
We, Leroy E. Zimbelman, President, and Lawrence E. (jerkin, 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, March 7, 2000, 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, Richard H. & Sharon L. Stewart, owners of a parcel of land being the West 37.70
acres in the NE1/4, South of Weld County Road 16, Section 34, Township 2 North, Range 64
West of the 6th P.M., Weld County, Colorado, 37.70 acres, 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 Richard H. & Sharon L. Stewart 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 7th day of March , 2000 A.D.
President
ATTEST:
,.. P
Secretary
STATE OF COLORADO )
) SS.
COUNTY OF WELD )
EXCLUSION ORDER
Richard H. & Sharon L. Stewart
Pt. SW 1/4NE1/4, Section 34, Township 2 North, Range 64 West of the 6`h
P.M., Weld County, Colorado, 31 .70 acres and
the W 1140.5' NW1/4SW1/4 S ofRRR/W, Keenesburg, Section 26, Township
2 North, Range 64 West of the 6'h P.M., Weld County, Colorado, 6.00 acres
for a total of 37.70 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, March 7, 2000,
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 the following described land, towit, Pt. SW1/4NE1/4, Section 34, Township 2
North, Range 64 West of the 6th P.M., Weld County, Colorado, 31.70 acres and the W1140.5'
NW1/4SW1/4 S or RR R/W, Keenesburg, Section 26, Township 2 North, Range 64 West of the
6th
P.M., Weld County, Colorado, 6.00 acres, for a total of 37.70 acres, has been included in and
is a part of the Henrylyn Irrigation District and subject to irrigation district taxes for said District;
and
WHEREAS Richard H. & Sharon L. Stewart, 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 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 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 Ibr 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."
TN WITNESS WHEREOF we have hereunto subscribed our names and affixed the seal of the
District, this the 7th day of March , 2000 A.D. (Z404President d
ATTEST:
Secretary
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