HomeMy WebLinkAbout20001945.tiff RESOLUTION
RE: APPROVE PETITION FOR INCLUSION OF LAND FOR FORT LUPTON GRADER
SHED AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO WATER
CONSERVANCY DISTRICT
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, the Board has been presented with a Petition for Inclusion of Land for the
Fort Lupton Grader Shed from the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
to the Northern Colorado Water Conservancy District, with terms and conditions being as stated
in said petition, and
WHEREAS, after review, the Board deems it advisable to approve said petition, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Petition for Inclusion of Land for the Fort Lupton Grader Shed
from the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, to the Norlhern
Colorado Water Conservancy District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said petition.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLOR O
ATTEST: �_--
�_ arbara J kmeyer, air
Weld County Clerk to the : L .a
ile, Pro-Tem
BY: �i�� / I�..N�. I ,etc, / i
Deputy Clerk to the Boar_ f� �--
�George'E. Baxter
R D AS ORM: I \).( 9 ---
Dale K. Hall
unt ttorn4y EXCUSED --__
Glenn Vaad
2000-1945
C' : tqc `r)ap7?
January 2000
PETITION FOR INCLUSION OF LANDS IN
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of wn1,t , State of Colorado,
hereby petition(s)and pray(s)that the lands hereinafter described be included in said Northern
Colorado Water Conservancy District ("District").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
Weld County Lot A Recorded SE 1/4 NE 1/4 and 4.36
Exemption No. NE 1/4 SE 1/4
1309-23-1 RE2375 Section 28
Township 2 North
Range 66 West
TOTAL ACRES INCLUDED 4.36
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $ 11,008.59
AMOUNT OF INCLUSION FEE ENCLOSED $
land-ali\fonts\peldlon.lnc
2000-1945
3. A plat of the above described property is attached hereto as Appendix "C."
4. All the owner(s)of the above described property hereby agree(s) to pay to the District an amount
which is equal to the ad valorem taxes which would have been paid to the District by the owners
of the above described lands if said lands had been included within the boundaries of the District
at the time of its creation. This amount will be calculated in accordance with the policy of the
District, a copy of which is attached as Appendix "B."
5. All the owner(s) of the above described property and their heirs, successors, and assigns hereby
agree to be bound by the Water Conservancy Act, C.R.S. § 37-45-101 et. seq.,as amended from
time to time, and all rules, regulations, and policies of the District as amended or changed from
time to time.
6. All of the owner(s) of the above described property hereby agree(s) that inclusion of the above
described lands into the District is conditioned on present and future payment of the same mill
levies and special assessments as are levied or will be levied on other similarly situated property
in the District at the time of inclusion of the Petitioner(s) lands. If such payments are not made
on such equal basis, the inclusion of the lands can be terminated for non-compliance with this
condition if payments are not otherwise made.
7. All the owner(s) of the above described property have executed Appendix "A" attached hereto.
THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
TITLE
(if in relation to
a Partnership or a
SIGNATURES Corporation) ADDRESS
J Chair, Board of Weld 915 10th Street, POB 758
County Cnmmi¢cinnar5 P-roaloy, CO 8n
; f
_ $6VW Chair Pro—Tem ATT , ` �
ss WelESC /YlO O/���!L Cl LFA sect 0o f/Ir.
STATE OF COLORADO s
d County Clerk to
County of Weld ) ; �//c V P
BY: jyr
e u lerk Board //lr� e ��
The foregoing instrument was acknowledged before r�ie tis lb th ' ' 'S y'�((UN I4
•
A.D. 20 00, by Barbara T x;rkmoyor BECHLER t
c
OP cOCO
Witness my hand and Seal. My commission expires: MyCsNIebrlNIExIrhpApd 142004
.4A)
Notary Public
Land-a]forme\petltlon.In
(xfiee -/97J
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20 _, by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20 , by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20 , by
Witness my hand and Seal. My commission expires:
Notary Public
Land-all'forms peJUon.Inc () Y
APPENDIX "A"
Purpose
The purpose of this covenant is to subject Petitioner's property,described in the petition for inclusion and court
order for inclusion, to the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Northern Colorado Water Conservancy District ("District") at the time of
inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, § 20 of the
Colorado Constitution before the District can impose the mill levies and special assessments specified below.
Petitioner also waives any right which may exist to a refund pursuant to article X, § 20 of the Colorado
Constitution.
Mill Levies and Special Assessments
Upon inclusion into the District,and as an express condition thereof,Petitioner covenants to pay the following
mill levies and special assessments:
1. Any Class A mill levy or special assessment levied annually by the District and imposed on other
similarly situated property within the District.
2. If Petitioner's property is now or is in the future located within a municipality which has an
existing or future Class B Allotment of water by the District, and if said municipality defaults on
payment of its obligations under any existing or future Class B allotment contract(s) with the
District, Petitioner agrees to pay any special assessment levied by the Board of Directors of the
District for the purpose of collecting amounts due under the allotment contract(s).
3. Any amount due under any existing or future Class D allotment contract on Petitioner's property.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and court order for
inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A."
DAZE NATURES ADDRESS
08/14/2000 �17 Beets 915 10th Street
M. J. Geile, Chair Pro-Tem Greeley, CO 80631
ESTHER E i ;
.s GESICK a ;
F
'. 9�••• ••.••' 4".'
The forgoing instrument was acknowledged before me this 14th .'-,.. o..�= 2000,
by M. J. Geile, Chair Pro-Tem.
'W1"Cammiasian Expres&m&11,2001
Witness my hand and Seal. leZet
Lana-an Vonm\pelf minc
Notary Public -20DC _79
A?PLNDLV "B"
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
RESOLUTION
D-986-02-97
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS, the inclusion of lands into the Northern Colorado Water Conservancy District (District) makes those lands
eligible to receive water from the Colorado-Big Thompson (C-BT)Project facilities; and
WHEREAS,those lands and allottees of water originally included within the District commencing in 1938 have contributed
to the cost of construction repayment,operation, maintenance,replacement, and administration of the C-BT Project; and
WHEREAS,a fee is necessary to place newly included lands and their eligibility for water from the C-BT Project facilities
on the same basis as those lands originally included within the District.
SECTION 1
NOW,THEREFORE,LET IT BE RESOLVED THAT:
A fee shall be charged in connection with the inclusion of lands into the District for the purpose of placing such lands on
an equal basis as lands originally included within the District.This fee shall be calculated as follows:
The sum of the historical(1937 to current year)ad valorem tax revenues received by the District from Lorimer,Weld,
and Boulder Counties divided by the current assessed valuation of the District lying within those same counties times
the current assessed valuation of the property and improvements to be included.
Example:
Revenues From 3 Counties To Date x Current Assessed Valuation of Property
Current Assessed Valuations of District and Improvements to Be Included
Within 3 Counties
For Calendar Year 1999
$ 79,397,826 x Current Assessed Valuation of Property and Improvements
$ 5,753,825,040
or 0.0138 x Current Assessed Valuation of Property and Improvements
The ratio determined above will be recomputed annually by the District based on the most recent calendar-year valuation
and will be made available upon request.It will be the responsibility of the petitioner to furnish the current assessed valuation
of the property and improvements involved at the time the petition for inclusion is submitted to the District.
As an alternative,the District C-BT facilities inclusion fee may be calculated as follows:
A fee equal to the total amount which would have been collected by the District under its annual historic
mill levy had the lands been included in the District from 1937 to the date of the petition for inclusion.The
petition to the District for inclusion,if this alternative is selected by petitioner, shall be accompanied, or
supplemented by, a certified list of annual assessed valuations from 1937 to the date of the petition for
inclusion.
Satisfactory arrangements for payment of fees must be made with the District before the inclusion will be approved by the
Board of Directors.
SECTION 2
The previous Board Resolution D-965-05-95 is hereby repealed.
January 1993
PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT,
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of Wet t , State of Colorado,
hereby petition(s) and pray(s) that the lands hereinafter described be included in said
Municipal Subdistrict, Northern Colorado Water Conservancy District ("Subdistrict").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
Weld County Lot A Recorded SE 1/4 NE 1/4 and 4.36
Exemption No. NE 1/4 SE 1/4,
1309-23-1 RE2375 Section 23
Township 2 North
Range 66 West
TOTAL ACRES INCLUDED 4.36
3. A plat of the above described property is attached hereto as Appendix "B."
iimAND-ALL\CONLEY\FORMS\petition.inc-subd.wpd 1
4. All the owner(s) of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act, C.R.S. § 37-45-101 et. seq., as
amended from time to time, and all rules, regulations, and policies of the Subdistrict as
amended or changed from time to time.
5. All of the owner(s) of the above described property hereby agree(s) that inclusion of the
above described lands into the Subdistrict is conditioned on present and future payment of
the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict at the time of inclusion of the Petitioner(s)
lands. If such payments are not made on such equal basis, the inclusion of the lands can be
terminated for non-compliance with this condition if payments are not otherwise made.
6. All the owner(s) of the above described property have executed Appendix "A" attached
hereto.
THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
TITLE
(if in relation to
a Partnership or a
SIGNATURES Corporation) ADDRESS
Chair, Board of Weld 915 10th Street, P0B 758
' ✓ 4 County Commissioners Greeley, CO 806TH
/
Chair Pro—Tern
.:c\ . ./>
QLL i
ATTEST: TVn p
STA1'EOFCOLORADO
G%� �f1��
ss Weld Couinty Clerk and R ord-
County of Weld ) BY:
Deputy Clerk to the _ . ` .
The foregoing instrument was acknowledged before me this 14th
BECHLER
A.D. 20 00,by _ _ _ _ •
.
S.% .4,
Sft COO
Witness my hand and Seal. My commission expires: *Cristiarske Expires April 10 2004
"Notary Public
H:\LAND-ALL\CONLEY\FORMS\petition.inc-subd.wpd 2
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20_, by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20_, by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20 , by
Witness my hand and Seal. My commission expires:
Notary Public
H:\LAND-ALL\CONLEY\FORMS\petition.inc-subd.wpd 3
,()CV -/Y
APPENDIX "A"
Purpose
The purpose of this covenant is to subject Petitioner's property, described in the petition for inclusion and
court order for inclusion, to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Municipal Subdistrict ("Subdistrict") of the Northern Colorado
Water Conservancy District at the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, § 20 of the
Colorado Constitution before the Subdistrict can impose the mill levies and special assessments specified
below. Petitioner also waives any right which may exist to a refund pursuant to article X, § 20 of the
Colorado Constitution.
Mill Levies and Special Assessments
Upon inclusion into the Subdistrict, and as an express condition thereof, Petitioner covenants to pay any
and all special assessments levied by the Board of Directors of the Subdistrict against Petitioner's property
in the event the municipality or public corporation in which Petitioner's property is located defaults on
payment of its obligations under existing or future allotment contracts with the Subdistrict. Such
obligations include,but are not limited to:
1. Repayment of the bonded indebtedness of the Windy Gap Project.
2. Payment of the annual costs incurred by the Subdistrict in the administration, operation,
maintenance, repair and rehabilitation of Windy Gap facilities and such other annual costs as
may arise from and be attributable to the operation of the Windy Gap Project.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and court order
for inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A."
DATE NATURES ADDRESS
08/14/2000 915 10th Gtre=t
M. J. Geile, Chair Pro-Tem Greely, CO 80631
Y P
The forgoing instrument was acknowledged before me this 14th day „ f o;ust, 2OdC
by M. J. Geile, Chair Pro-Tem. I EESTHER E. .
GESICK r
Witness my hand and Seal. moo. ,X;rr;2x.l
Notary Public 9 .••PQO?OP COOO
At Commission Expres September i/, 2GGi
H:\LAND-ALL\CONLEY\FORM S\petiti on.inc-subd.wpd
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