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Home My WebLink About860581.tiff RESOLUTION RE: ACCEPT STATEMENT OF PURPOSES OF LITTLE THOMPSON WATER 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, pursuant to Section 32-1-208 , CRS , the Little Thompson Water District has presented the Board with a Statement of Purposes , a copy of said Statement being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to accept said Statement of Purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Statement of Purposes of the Little Thompson Water District be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June , A.D. , 1986. `� BOARD OF COUNTY COMMISSIONERS ATTEST: %III ( n.4.� r QGrJ WELD COUNTY, COLORADO Weld County Clerk and Recorder ._ �: _ ,:_, . ,� ��.�• and Clerk to the Board Ja que En-- -a s-, Chairman (.:{Let-c.o.) G, �:► �:_s ate► ; 1J.-Tem eputy County erk EXCUSED DATE OF SIGNING - AYE APPR VED AS TO FORM: Gene R.R. Brantner 4 C-7— s,),a2 ,,,L.: County Attorney1 /-"--711b ,�er' Frank Yamagu 1 860581 rk' y & p, • m Little-ThQ.mpson ,Water District." x, 1.X"` r ,qx s +a :..r> F .. , ,* . . 5haX, Statement of purposes STATEMENT OF PURPOSES FOR LITTLE THOMPSON WATER DISTRICT WHEREAS, the 1985 Amendments to the Special District Act (Title 32, Colorado Revised Statutes) requires that Districts without Service Plans file a Statement of Purposes on or before July 1 , 1986 and it is understood that this document will be filed with the following entities: Division of Local Government, State of Colorado. Board of County Commissioners, Boulder County, Colorado . Board of County Commissioners, Larimer County, Colorado. Board of County Commissioners , Weld County, Colorado. Town of Berthoud . Town of Johnstown . Town of Mead . Town of Milliken. Town of Windsor . City of Greeley. City of Longmont . City of Loveland . THEREFORE, as required by Section 32-1-208 , C.R.S . , the following constitutes the Little Thompson Water District Statement of Purposes: I . APPROVAL FOR ORGANIZATION. The following documents are attached to reflect that the District was duly organized and approved as required under the laws of the State of Colorado. The attached documents indicate that the District was originally organized in August of 1961 by the District Court in Weld County. In July of 1977 the jurisdiction was transferred from Weld County to Larimer County where it remains as of this date. In September of 1977 the Little Thompson Valley Water District was consolidated with the Mariana Water District and the name was changed to the Little Thompson Water District . Copies of the following documents are attached : 1 . Order and Decree establishing the Little Thompson Valley Water District dated August 16 , 1961 . 2 . Order Approving the Consolidation of the Little Thompson Water District , formerly known as Little Thompson Valley Water District and Mariana Water District dated September 14 , 1977 . 3 . Order confirming the consolidation of the Little Thompson Water District filed in District Court for Larimer County. -2- II . EXISTING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES. The following copies of documents are attached to reflect all existing contracts and agreements that the District has in effect with other governmental agencies: 1. Agreement with Central Weld County Water District dated February 21 , 1967 . 2. Agreement with Fort Collins/Loveland Water District dated April 22 , 1985 . 3 . Agreement with North Carter Lake Water District dated December 1 , 1965 . 4 . Agreement with the City of Loveland dated July 20 , 1965 . 5 . Agreement with the Town of Mead dated January 1 , 1985 . III . PURPOSE OF LITTLE THOMPSON WATER DISTRICT. The purpose of the District is to provide water service for domestic and other public and private purposes . IV. SERVICES AND FACILITIES PROVIDED OR TO BE PROVIDED BY THE DISTRICT. The service provided, or expected to be provided in the future , is a water service using reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto. V. AREA SERVED OR TO BE SERVED BY THE DISTRICT. Area Served: The area currently served by the Little Thompson Water District is all of that property which has been included within the boundaries of the District, where the District has existing facilities and water service provided by contract . The attached map reflects the existing facilities of the District (see Map #1) . This area is described as an area roughly bounded by the foothills on the West , on the North by one mile North of U . S. Highway 34 , on the East by the South Platte River , and on the South by one mile South of U. S . Highway 66 . The attached map reflects the area which has been included within the boundaries of the District (See Map #2) . Area to be Served : The area which will be served by the Little Thompson Water District in the future includes : P• n -3- 1 . All of the area currently served by the existing facilities . 2 . That area which is within the boundaries of the District and which does not have facilities currently installed . 3 . Any area outside of the current boundaries of the District within the counties of Latimer , Weld or Boulder, providing that the District ' s Rules and Regulations are complied with. 4 . All requests for new water service within or without the District will continue to be subject to review and approval by the Board of Directors for the District. The District may refuse to provide such new water service unless the District ' s Rules and Regulations are complied with or it is deemed not in the best interest of the District to provide water service. IN WITNESS WHEREOF, the District has approved this Statement of Purposes on the 5th day of June , 1986 . LITTLE THOMPSON WATER DISTRICT By: cJsg at President CAREY J. SALOMONSON ATTEST: ,,._,^ Sec etary OHN M. GRUNER ra„m T..,71 _ 11 • r q STATE OF COLORADO ) ' - i _ ) ss. _. COUNTIES OF WELD, ) - -? LARIMER AND BOULDER ) IN THE DISTRICT COURT FOR THE EIGHTH JUDICIAL DISTRICT No. 14773 IN RE THE ORGANIZATION OF ) LITTLE THOMPSON VALLEY ) ORDER AND DECREE WATER DISTRICT, WELD, ) LARIMER AND BOULDER ) CREATING DISTRICT COUNTIES, COLORADO ) THIS MATTER coming on to be heard in open Court, and it appearing that Notice of Election, held on the 11th day of August, 1961, at which there was submitted the matter of the organization of Little Thompson Valley Water District, Weld, Larimer and Boulder (Counties, Colorado, and the election of Directors for such District was duly published and posted in compliance with the Order of Court' (entered as of the 17th day of July, 1961, and in accordance with the requirements of law; AND IT FURTHER appearing that said election was duly "- held at the time and place and by the Judges of Election specified 1 in said Order; that at said election 147 ballots were cast FOR the organization of the District and 1 ballots were (cast AGAINST the organization of the District; that Louis Dein _. Paul Davis , George Walker , , Vernon French and Albert Jeffers were duly elected as Directors of said District; that Louis Dein was elected as Director of the District to act until the first biennial election, Paul Davis and George Walker , until the second biennial election, and Vernon 1i French and Albert Jeffers , until the third iennial election. M 1 .. And the Court being fully advised in the premises , here. by ORDERS AND DECREES That : Said District has been duly and regularly organized and shall be known as "Little Thompson Valley Water District," in Weld, Larimer and Boulder Counties, Colorado, The District is located in Weld, Larimer and Boulder Counties , Colorado, and is described as follows : CC n „ 1 Township 4 North, Range 70 West of the Sixth Principal Meridian, Larimer County, to include the following: Section 11 -- El SWq and the Si SEQ. Section 14 -- Si NWq and the Ni SWa EXCEPT portion conveyed to the United States of America by deed re- corded in Book 926 page 394. Township 3 North, Range 69 West of the Sixth Principal Meridian, Boulder County, to include the following: Section 1 -- NW+ Section 3 -- NW,'—a—a, SEI and 3 acres, more or less, in- the Southwest corner of SWq NEI Section 8 -- SEQ, Si NEI and NEI NEI Section 9 -- NE4, NEI SE'—1, NWq NWq, Si NWq and the WI SWa Section 10 -- NEI, SEq north of Highland Ditch, NW'— and a tract of land, a part of the SI SWI and the Si Ni SWq described as follows: Beginning at the SE corner of the SWq—o of said Section 10; thence West along the South line of said SW3-, 1485 feet; thence North 1301 feet, more or less, to the Highland Ditch; thence Northwest- erly along said Highland Ditch to a point 287 feet East of the West line of said SWq; thence Northeasterly along said Highland Ditch to a point on the North line of the SA NA SW'A 431 feet East of the Northwest corner of the Ss NT SWq; thence East along North line of said Si N₹ SWq of said Section 10 to the Northeast corner of the SI Ni SWq of said Section 10; thence South along the East line of said SWq of Section 10 to the place of beginning. Section 15 -- Ni NEI, Ni NWq and SEq NWq Township 4 Nortti, Range 69 West of the Sixth Principal Meridian, Larimer County, to include the following: Section 1 -- NEq, NWq and W? SWI Section 2 -- SEq, SWq, a tract of land, that portion of the El NW—'+ described as follows: Commencing at NE corner NWa of said Section 2; thence North 89° 40' West 1238 feet; thence South 1° 55' East 1477.8 feet; thence South 89° 40' East 1238 feet; thence North 1° 55' West 1477.8 feet to the point of beginning; EXCEPT from the above property the following described tracts: Beginning at a point North 89° 40' West 871 feet from the NE corner of the NW'—n of said Section 2• thence North 89°40' West 367 feet; thence South 1' 55' East to the North line of the right-of-way of the Home Supply Ditch; thence northerly and easterly along the North right-of-way of the Home Supply Ditch to a point which • bears due South of the point of beginning; thence North to the point of beginning; EXCEPT commencing at the NE corner NW3- of said Section 2, thence West on section line 336 feet; thence Southeasterly to a point on the East line of said NW**, 232 feet South of said NE corner of said NWI, thence North on said East line of said NW+, 232 feet to the point of beginning. Also included is a tract of land in the NEq described as follows: Beginning at a point on the East line of Section 2, South 0° 18' East 1930 feet from the NE corner of said Section 2, thence North 72° 54' West 31.4 feet to the true point of beginning• thence North 72° 54' West 873.4 feet, thence North 718 02' West 411.67 feet, thence North 40° 45' West 81 feet; thence North 33° 27' West 109.8 feet, thence North 208 15' West 66.58 feet, thence North 83° 31' West 271.06 feet to the easterly right-of-way of the Colorado & Southern Railway Company; thence South 3° 10' East along said right-of-way line to intersection of South line of the NEq of said Section 2, thence easterly along said quarter section line to West right-of-way line of U. S. Highway 287, which right-of-way is 30 feet West of the East line of Section 2; thence along said right-of-way _ North 0° 18' West 720 feet, more or less , to the true point of beginning; also commencing at SW corner of the NEq of said Section 2; thence East along South line of said quarter section to the westerly line of the right-of-way of the Colorado & Southern Railway Company; thence northerly along said right-of-way to the southerly line of the right-of-way of the Consolidated Home Supply Ditch & Reservoir Company, thence in a Northwesterly direction along said right-of-wayto intersection of West line of said quarter section, thence along said West line to point of beginning. Also included is a tract of land in NE+ described as follows: Beginning at a point on the East line of Section 2, South 0° 18' East 1930 feet from the NE corner of said Section 2, thence North 72° 54' West 31.4 feet to the true point of beginning; thence North 72° 54' West 400 feet; thence North 0° 18' West 400 feet; thence South 72° 54' East 400 feet; thence South 400 feet to the point of beginning. Also included is a tract in the NEq described as follows: Lot 7, less southerly 19.86 feet of Hicks 2nd Subdivi- sion and beginning at a point on West line of U.S. High- way 287, which point bears South 00° 18' East 1691.10 feet and again West 30 feet from NE corner Section 2, thence South 89° 42' West 170 feet, thence South 0° 18' East 123.8 feet, thence South 72° 54' East 178.15 feet to West line of said U. S. Highway, thence North 0° 18' West 177.1 feet to point of beginning. Section 3 -- NI NEq and El Ei NW+'- Section 4 -- El NEq NW+ Section 5 -- the NW**— EXCEPT the following: Co9sidering the North line of the NWI of Section 5 as bearing West and with all bearing herein relative thereto; beginning at a point on the South line of the present country road which bears South 00° 04' West 30 feet from the Ng corner of said Section 5; thence along the N-S centerline of said Section South 00° 04' West 593 feet; thence West 110 feet, thence North 00° 04' East 593 feet to the South line of the right-of-way of said county road; thence along said line East 110 feet to the point of beginning, containing 1.4975 acres, more or less, also including NEI and the SEq EXCEPTING 39 acres in the El El of Section 5 belonging to the Consolidated Home Supply Ditch and Reservoir Company. Section 8 -- all of the Section EXCEPT NEq NEQ Section 9 -- to include a tract of land in SW+ describ- ed as follows: Beginning at SW corner of Section 9, thence East on the South line of said Section 2287 feet; thence North parallel to the West line of said Section, 1455 feet to Welch Reservoir; thence along South line of said Reservoir North 70° West 535 feet; thence South 52° 30' West 330 feet. thence North 80° 30' West 233 feet; thence North 654 West 1423 feet to the West line of said Section, thence South along the West line of said Section to the point of beginning. Section 10 -- SEq and SI SW3—n Section 11 -- SWg and a tract in the SE't described as follows: Commencing 339.9 feet South of NE corner of SEtt Section 11, thence West 1355.2 feet, thence South 324.3 feet, thence East 1340.3 feet, thence North 324 feet to the point of beginning. Section 12 -- SEq Section 13 -- NEq, NWq, a tract of land in the SE'3 de- scribed as follows: Lots 6, 7 and 8 and the North 340 feet of Lots 9, 10, 11 and 12 of Johnson's Sub- division; also Ni Ni SWq. Section 14 -- NWT', that part of the El NEq lying East of the right-of-way of the Colorado & Southern Rail- way Company, and Lot 7 in Turner Subdivision. Section 15 -- NWq, SWq, S£ SE+ and the Si NWI SEA'- and a tract of land in the NE„ described as follows: Com- mencing at the NW corner of the NEq of Section 15, thence East 240 feet, thence Southwest to a point 500 feet South and 75 feet East of the NW corner of NEq, thence SE to a point 900 feet South and 175 feet East of the NW corner, thence Southwest to a point 1400 feet South of the NW corner of the NEq, thence North to the point of beginning. Section 16 -- NW* and SEq Section 17 -- NEq, SE*a and SWq Section 20 -- El NE'—„, SE'—*, SW4 and NO Section 21 -- All of the Section Section 22 -- NEq SEq, NW*o SWq, WI NW++ and a parcel of land in the NEq NW* described as follows: Commenc- ing at the NI corner of Section 22, thence South ' 336.3 feet, thence West 563.6 feet, thence South 36.1 feet, thence Northwesterly along ditch to a point 712 feet West of NE corner of NWa, thence East 712 feet to point of beginning. Section 24 -- NEa SE—*, EXCEPT 4 acres more or less in the Northeast corner described as follows: Commencing at the Northwest corner of said SE'—q , thence West 536.1 feet, thence South 325 feet, thence East 536.1 feet, thence North 325 feet to point of beginning; also to include Si SEq, SWq and the Si NWq. Section 25 -- All of the Section Section 26 -- All of the Section Section 27 -- All of the Section Section 28 -- Ni N? of the Section, Sz Si of the Sec- tion, NW3S SWa, SWq NW*, and a tract of land in the El WI of the Section described as follows: Commencing at the NE corner of the SWq NWq, thence East along South bank of Dry Creek 1333 feet to the NE corner of the SE3—a NWq, thence South 567 feet to the bank of Lake Ditch, thence Westerly along the North bank of said Ditch to the N-S centerline of said NWq, thence North 855 feet to the beginning. Section 29 -- North 60 acres NI NEq, SE{ and Si SWq Section 30 -- Si SE4 Section 31 -- All of the Section EXCEPT NI NEq Section 32 -- All of the Section EXCEPT NEq Section 33 -- All of the Section Section 34 -- All of the Section EXCEPT Sz SEq Section 35 All of the Section EXCEPT S₹ SEq lying South of the Ish Reservoir Ditch and West of the Colorado & Southern right-of-way. Section 36 -- Ni of the Section, El SEq and that por- tion of the WI SE'—+ described as follows: Commencing at a point which bears South 89° 51' West 1320 feet from the SE corner of said Section; thence North 0° 08' West 2640 feet thence South 89° 50' West 990 feet, thence South 0 08' East 2640 feet; thence North 89° 50' East 990 feet to the point of beginning. Township 5 North, Range 69 West of the Sixth Principal Meridian, Larimer County, to include the following: Section 24 -- NW+ SE+, S} SE+, a tract of land, that portion of NE3- SE+ described as follows: Commencing at the center of the SE+, thence North along the West line of the NE+ SE3- for 500 feet, thence East 500 feet, _. thence South 500 feet to a point on the South line of the NE SE3-, thence West along the South line of the NE3- SEE 500 feet to the point of beginning; also SE3 SW}. _ Section 23 -- W} NE}, that portion of SE+ described as follows: Beginning at the SE corner of said Section 25, thence North along the section line 1320 feet, thence South 87° West 208 feet, thence South 3° 40' West 107 feet, thence South 42° 30' West 200 feet, thence South - - 2° 30' West 1047 feet to the South line of said Section 25, thence East along said section line 400 feet to the place of beginning; also E} NW+ and -SW+ NW+. Section 26 -- that part SW} NE+ lying West of the Colo- rado & Southern Railway Company right-of-way, that portion of the SE3 described as follows: Commencing at a point on the South line of Section 26, 731.5 feet _ East of the SW corner of the SE3 of said Section, thence East on section line 452.7 feet, thence North 962.3 feet, thence West 452.7 feet, thence South 962.3 feet to the point of beginning; then also that portion of the SE3 described as follows: Beginning at a point on the South line of Section 26, 495 feet East of the SW corner of the SE3 of said Section; thence East 236.3 feet, thence North 966.6 feet, thence West 236.3 feet, thence South 966.6 feet to the point of beginning; also NW+ EXCEPT considering the North line of Section 26 as bearing East and West and with all bearings herein relative thereto: Beginning at the Ni corner of said Section 26; thence West 667.74 feet along the North line of said Section 26; thence South 30 feet to the South right-of-way line of the county road; thence along the northerly and easterly bank of existing irri- gation lateral South 17° 53' East 235.38 feet; thence South 63° 29' East 348.35 feet; thence South 31° 28' East 299.80 feet; thence South 46° 30' East 178.66 feet to the North and South centerline of said Section 26; thence North 00° 10' West 758.22 feet along said center- line to the South line of county road; thence North 30 feet to the point of beginning. EXCEPT considering the North line of Section 26 as bearing East and West and with a bearing herein relative hereto; beginning at a point on the North line of Section 26, which bears West 667.74 feet from the NQ corner of Section 26; thence South 30 feet to a point on the South line of the right-of-way of the county road, which point is the true point of beginning, thence South 1281.20 feet; thence East 671.56 feet, more or less, to the North and South centerline of said Section 26; thence North 00° 10' West 522.99 feet along said centerline, thence North 46° 30' West 178.66 feet; thence North 31° 28' West 299.80 feet; thence North 63° 29' West 348.35 feet, thence North 17° 53' West 235.38 feet to the true point of beginning. Section 27 -- all of the Section, EXCEPT considering the South line of Section 22 as bearing North 89° 27' -- West 5232.66 feet, and with all bearings herein relative thereto: Beginning at a point on the West line of the existing county road, which point bears North 16° 47' West 102.15 feet from the East 1/16 corner on the South _ line of said Section 22; thence leaving said county y road, North 89° 05' West 480 feet thence South 71 12' West 176.05 feet; thence South 594 22' West 208.29 feet, thence South 88° 05' West 369.32 feet; thence South 70° 25' 40" West 276.17 feet• thence South 39° 54' West 197.47 feet, thence South 674 24' West 158.76 feet; thence South 85° 41' West 384.01 feet; thence North 59° 10' West 253.78 feet; thence North 77° 30' 30" West 382.35 feet; thence North 55° 43' West 163.84 feet1 thence South 50° 07' West 679.94 feet- thence South 28° 14' East 200.56 feet; thence North 814 57' East 218.92 feet; thence South 71° 51' East 127.84 feet; thence South 12° 42' East 445.30 feet; thence South 49° 29' East 150.I7 feet, thence South 89° 14' 30" West 138.80 feet; thence South 43° 33' West 502.03 feet; thence South 89° 46' 40" West 497.70 feet; thence North 81° 36' 30" West 185.26 feet, more or less, to a point intersecting the West line of Section 27, thence North on the West line of the Section to the NW corner of said Section 27; thence East on the North line of Section 27 to the point of beginning. Section 28 -- Si NEg EXCEPT portions lying in the NE corner North and East of the county road, Si Si of the Section and SEq NWq. Section 29 -- all that part of NEq being North of line running parallel with the South line of said quarter section and 65 rods from said quarter section line, being the North 95 acres of said quarter section. Section 31 -- NEq Section 32 -- NEq, Ni NWq and Ni Si. NW* Section 33 -- all of the Section EXCEPT Ni SWq Section 34 -- all of the Section EXCEPT that portion of the NW++ reserved for the reservoir of the South Side Irrigation & Reservoir Company. Section 35 -- that portion of the NEq lying West of the West right-of-.way line of the Colorado & Southern Railway Company; a tract of land in the Sz of the Section described as follows: Commencing at a point 219.5 feet West of the quarter section corner on the South line of Section 35, thence North 2035.6 feet to the Lake Ditch; thence easterly to a point 213 feet _ East of the North and South centerline of Section 35, thence South 74° 30' East 122 feet to the South bank of the Home Supply Ditch, thence South 2° West 472 feet, thence South 81° 30' East 310 feet thence South 56° East 450 feet, thence North 86" East 443 feet, thence North 54° 30' East 137.4 feet, thence South 3° 8' East 1134.1 feet, thence West on the South line of said Section to the point of beginning; also that portion of the SW* SW* of Section 35 described as follows: Commencing at the SW corner of said Section 35; thence North 818,4 feet; thence East 770 feet to the center of the River Ditch of the Consolidated Home Supply Ditch & Reservoir Company, thence along the center of said ditch, South 30° 50' East 330 feet, thence South 47° 48' East 108.5 feet, thence South 20° 28' East 87 feet; thence South 8° 12' West 155 feet; thence South 7° 18' East 126 feet, thence South 22° 8' East 146.5 feet, thence West 1123.5 feet to the place of beginning; also that part of the SW* SWq Section 35 described as follows: Beginning at a point on the West line of said Section 35; 818.4 feet North of the SW corner of said Section 35, thence East 770 feet to the center of the River Ditch of the Consolidated Home Supply Ditch & Reservoir Company; thence Northwesterly along the center of said River Ditch to the North line of the SWa SWq of said Section 35, thence West along _ the North line of said SW* SWq to the NW corner of the SW/ SWa of said Section 35; thence South along the West line of Section 35 to the place of beginning; also NW* SW*, W₹ NW+ and a portion of the E₹ Wl of the Section described as follows: Beginning 898 feet North of the center of Section 35, thence West 1279 feet; thence South 898 feet; thence South 70° 38' Eaat 726.9 feet; thence South 54° 7' gest 740.4 feet to the North and South center line of said Section 35, thence -- North 1576 feet to the point of beginning. Section 36 -- El SE* and that portion of the SWq des- cribed as follows: Commencing at a point 348 feet East of the SW corner of Section 36, thence North 661.5 feet, thence East 246.2 feet, thence North 658.5 feet to the North line of the SW* SWq of said Section 36; thence East on said North line of said SW* SW*, 461.8 feet, thence South 1320 feet to the South line of said Section 36; thence West on said Section line 708 feet to the point of beginning. Township 3 North, Range 68 West of the Sixth Principal Meridian, Weld County, to include the following: Section 1 -- all of the Section Section 2 -- all of the Section EXCEPT E₹ SW* Section 3 -- that portion of the SWa described as follows: Beginning at the SW corner of said Section 3, thence North along the West line of said Section 3, 70 rods, thence Southwesterly a distance of 76 rods to a point on the South line of said Section 3, 384 rods East of the SW corner of said Section 3, thence West along the South line of said Section 3, 384 rods to the place of beginning. Section 4 -- All of the Section Section 5 -- NE+, SE*, SW4 and that portion of the NW* described as follows: Beginning at the SE corner of the NW*, thence West 830 feet, thence Northeasterly 350 feet to iron peg on the West side Ish Ditch, thence East 150 feet to East side of Ditch, thence Northeasterly along Ditch to East line of NW4, thence South along East line to point of beginning. Section 6 -- NI of the Section and N 3/8 of NI SW4 Section 8 -- N2 NE4 EXCEPT 18 acres, more or less, out of the Northeast corner thereof and described as follows: Beginning at a point on the line between Sections 8 and 9, 79a rods South of the Northeast corner of Section 8, said point being marked by a red sandstone at high water mark, thence Northwesterly on a level or water line with said rock to a point on North line of the section 47.73 rods from Northeast corner, thence East to the Northeast corner of Section 8, thence South to place of beginning; also, EXCEPT a parcel of la acres, more or less, out of the North- west corner thereof described as follows: Commencing at the Northwest corner of NE4 Section 8, thence South 12 rods, thence East 20 rods, thence North 12 rods, thence West 20 rods to point of beginning; also EXCEPT a certain tract in the Southeast corner described as follows: Commencing at a point on the East line of said NE4, where on December 1, 1891, the Highland Lake High Water Line crossed the said East line of the NE4, thence South to the Southeast corner of the said NI NE4, thence West 20 rods, thence North at 1 right angles with said South line of said NI NE4 to where on December 1, 1891, the High Water Line crossed, thence in a Southeasterly direction along the High Water Line to the place of beginning; also to include the NE4 NW4, SE4 and E2 SW4, EXCEPT a tract of land deeded by Bixler's to the town of Mead, located in the Sz of Section 8 described as follows: Beginning at the Northeast corner of the parcel of land thence West along the North line of said parcel 716.4 feet, thence North 9° East 319.03 feet, thence East 666.5 feet, thence South 315 feet, more or less, to the point of beginning, containing 5 acres, more or less. Also EXCEPT a parcel of land beginning at a point from which the Southeast corner of Section 8 bears South 435.6 feet and East 2595 feet; thence North 137.63 feet, thence East 633 feet, thence South 137.63 feet, thence West 633 feet to beginning, containing 2 acres more or less. Also EXCEPT a parcel of land containing 7/10 of an acre, beginning at a point whence at the Northwest corner of the NE4 SWI of Section 8 bears West 841 feet and North 1202 feet, thence North 13° 40: West 105 feet, thence North 5 15' West 100 feet, thence North 13° 15' East 78 feet, thence North 26° 45, East 107 feet, thence South 86° 10' East 55 feet, thence South 15° 30' West 370 feet, thence South 89° 45' West 52 feet to beginning. Also EXCEPT a parcel of land containing 6 acres, more or less, beginning at a point 1995 feet West of the Southeast corner of Section 8, thence North 435.6 feet, thence West 600 feet, thence South 435.6 feet, thence East 600 feet to the point of beginning. Section 9 -- NEI EXCEPT the SE** NEI and the NWI EXCEPT a parcel of land described as follows: Beginning at a point along the Public Highway right-of-way and at the NW corner of what is commonly known as School House Lot as described on deed in Book 43, page 505, Weld County records, thence South 74 feet, thence East 7 rods, thence South to a point on the South bank of the Outlet Ditch of the Highland Lake Reservoir 332 feet North of the South line of said NW*, thence following the South bank of said outlet Ditch and running in a Southeasterly direction until it reaches a point on the South line of said WWI, thence West along the South line of said NW4 to the SW corner of the NWI, thence North along the West line to the NW corner of the NWI, thence East 939 feet along the North line of the NW*, thence South 711 feet, thence in a South and South- westerly direction along the East line of the Public Highway to the point of beginning. Section 10 -- Ea NEI-h, NEI SEI and the South 100 acres of the NW** Section 11 -- All of the Section Section 12 -- All of the Section Section 13 -- All of the Section Section 14 -- All of the Section Section 15 -- All of the Section Section 16 -- The Si of the Section Section 17 -- Ei of the section lying South of the Highland -- Ditch and the Wf of the section. Section 21 -- NW* Section 22 -- NEI and the East 94 acres, being the East 1549 feet of the SE4 Section 23 -- All of the Section Section 24 -- All of the Section Section 25 -- All of the Section Section 26 -- All of the Section Section 27 -- NEI Section 35 -- All of the Section EXCEPT SEg • Section 36 -- NWI Township 4 North, Range 68 West of the Sixth Principal Meridian, Weld County, to include the following: Section 1 -- NI NEy, the West 30 acres of the SWg, and all of the NW*—* Section 2 -- All of the Section EXCEPT the WI NE* Section 3 -- a of the Section Section 4 -- All of the Section EXCEPT the NW4 Section 5 -- NE4, Sz SE* and the East 50 rods of the SE4 SW; Section 6 -- Ez of the Section, a portion of the SW4 described as follows: Beginning at the SE corner of the SW+ of Section 6, thence West 1553.5 feet, thence North 0° 58' East 1128.5 feet, thence East 1534.5 feet, thence South 1128.5 feet to the place of begin- ning; and the NWg EXCEPT a parcel of land in the NE corner of said NW* being 20 rods East and West and 40 rods North and South. Section 7 -- NI of the Section and the WI SWg Section 8 -- All of the Section EXCEPT a tract in the _. NW** described as follows: Beginning at the NW corner of said Section 8, thence East 27 rods, thence South 26 rods, thence westerly 27 rods, thence North 25 rods to the place of beginning. Section 9 -- All of the section EXCEPT the tract of land situated in the SW11 NW* of Section 9, more particularly described as follows: Beginning at a point on the West line of said SWg NW* 30 feet North of the Southwest corner of said SWg NW*, thence North on West line of said SWg NW* 100 feet to a point; thence East parallel with the South line of said SW*** NW* 719.65 feet to a point, thence South 63° 26' East 223.6 feet to a point; thence West parallel with the South line of said SW* NW-4 919.65 feet, more or less, to the point of beginning containing 1.88 acres, more or less. _ Section 10 -- all of the Section EXCEPT the E2 SW* Section 11 -- all of the section EXCEPT the SEg and a parcel of land lying in the NWg described as follows: Beginning at a point on the northerly right-of-way of the Great Western Railway, which point is 60 feet North and 141 feet East of the Southwest corner of the NW* of said Section 11; thence East on said northerly right-of way line for a distance of 809 feet to a point; thence North at right angles to the last course for a distance of 125 feet to a point; thence West parallel to said northerly right-of-way line of the Great Western Railway for a dis- tance 809 feet to a point; thence South at right angles to the last course for a distance of 125 feet to the point of beginning. Also to EXCLUDE a parcel of land lying in the NW4 described as follows: Beginning at a point which is 141 feet East and 260 feet North of the Southwest corner of the NWg of said Section 11; thence East on a line 75 feet distant from and parallel to the northerly line of that certain parcel of land conveyed by said party of the first part to said party of the second part by deed recorded in Book 894 at page 33 of the records in the office of the clerk and recorder of said Weld County, 659 feet to a point; thence Southeasterly 5114.2 feet to a point on the North right-of-way line of Great Western Railway Co. which said point is 1260 feet East and 30 feet North of the Southwest corner of the NW* of said Section 11; thence West on said North right-of-way line 60 feet to a point; thence North on a right-of-way line of said Great Western Railway Co. 30 feet to a point; thence West on North right-of-way line of said Great Western Railway Co. 250 feet to a point which said point is the Southeast corner of said parcel of land conveyed by said deed recorded in Book 8914 at page 33 as afore- said; thence North on the East line of said parcel of land conveyed by said deed recorded in Book 894 at page 33 aforesaid 125 feet to a point; thence West on the North line of said parcel of land conveyed by said deed recorded in Book 894 at page 33 as aforesaid 809 feet to a point, thence North at right angles to the last described line 75 feet to the point of beginning, con- taining 1.64 acres more or less. Also to EXCLUDE a parcel of land in the NWg described as follows: Be- ginning at a point on the West line of said Section 11 which point is 60 feet North of the Southwest corner of the NWI of said Section 11; thence North on the West line of .said Section 11, 125 feet to a point; thence East parallel to the North right-of-way line of the Great Western Railway Co. 141 feet to a point, which said point is also the Northwest corner of that certain parcel of land conveyed by said party of the first part to said party of the second part by deed recorded in Book 894 at page 33 of the records in the office of the clerk and recorder of said Weld County; thence South on the West line of said parcel of land conveyed by said deed recorded in Book 894 at page 33 as aforesaid 125 feet to a point on the North right-of-way line of said Great Western Railway Co.; thence West on said North right-of- way line 141 feet to the point of beginning containing .40 acres-more or less. Section 12 -- E�i of the section EXCEPT a parcel of land lying in the NE`4 described as follows: Beginning at a point on the East line of said Section 12, which point is 80 feet north of the Southeast corner of the Northeast quarter of said Section, thence North on said East line for a distance of 330 feet, thence West at right angles to the last described line for a distance of 264 feet, thence South at right angles to the last described line for a distance of 330 feet to the northerly right-of-way line of the Great Western Railway Co., thence East on said right-of-way line for a distance of 264 feet to the place of beginning, containing 2 acres,more or less. Section 13 -- all of the Section Section li} -- all of the Section Section 15 -- all of the Section Section 16 -- all of the Section EXCEPT the E1 SE4 Section 17 -- SE4 - Section 18 -- NE4 EXCEPT a tract described as follows: Beginning at the NE corner of Section 18, thence West 1320 feet along the North line of the NE-q', thence South 20! 9 feet, more or less, thence Northeasterly to a point on the East line of the NEI 1345 feet South of the NE corner of said NE4, thence North along the East line of the NE4 to the place of beginning; also to include SEg, E1 SW4, a tract of land in the WI of the SW4 described as follows: Beginning at the SE corner of the SW4 SW4, thence North 60 rods along the East line of the SW4 SW4, thence West 131 rods, thence South 60 rods, thence East 131 rods along the South line of the SW4 SW4 to the place of beginning; also to include SE4 NW4 and South 30 acres of the SW+ NW4. Section 19 -- all of the Section EXCEPT that portion of the W2 SE4 lying South of the Little Thompson River. Section 20 -- WI NE4, NI SW4 and NWI Section 21 -- all of the Section EXCEPT the E1 SE4 Section 22 -- NI S1 of the Section and NW4 Section 23 -- all of the Section Section 244 -- N2 NI of the Section and SW4 NEg Section 25 -- all of the Section EXCEPT the SWg Section 28 -- NE4 EXCEPT the SE4 NE4, and to include the NW4 SEg and WI of the Section Section 29 -- NEg EXCEPT that portion of the W1 NEg lying North of the Little Thompson River, and to include the SI of the Section. Section 30 -- all of the Section EXCEPT the W1 NEg Section 31 -- all of the Section Section 32 -- all of the Section Section 33 -- Si of the Section Section 35 -- a tract in the SEg described as follows: Beginning at a point 30 feet North of the SE corner of Section 35, thence West 1709 feet, thence North 561 feet, thence East 1709 feet, thence South 561 feet to the place of beginning, and the SWg. -- - Section 36 -- all of the section EXCEPT a tract of land in the SEq SWI described as follows: Beginning at a point on the North and South center line whence the South quarter corner of said section bears South 495 feet, which point is identical with the intersection of the Northwesterly line of the right-of-way of the Great Western Railway Co., and the North and South center line of said section, desig- nated a point "A"; thence North along the North and South center line of said section 143.7 feet; thence South 54° 05' West 1061.8 feet to a point on the North side of the public road 30 feet North of the South boundary of said section; thence East along the North side of said public road 538.5 feet and in (plus or minus) to a point on the Northwesterly line of the said Great Western Railway Co., thence on a 1° curve Northeasterly along the Northwesterly boundary of said Railway right-of-way 577.3 feet to the place of beginning, and also to EXCLUDE a tract of land in the SW* SRI described as follows: Beginning at point "A" heretofore described; thence North 143.7 feet along the North and South center line of said section; thence North 55° 16' East 325.9 feet to the intersection with the Northwesterly line of the right-of-way of the Great Western Railway right-of-way; thence Southwesterly on a 1° curve to the left along said Northwesterly right-of-way line 424.5 feet to the place of beginning, containing in all in the SE4 SWI 4.3 acres, more or less, and in the SWg SRI .43 acres more or less. Township 5 North, Range 68 West of the Sixth Principal Meridian, Larimer County, to include the following: Section 3 -- SEf Section 4 -- Sa of the Section and a tract in the NWg described as follows: Commencing at the SW corner of the NW* of Section 4, thence East 700 feet, thence North 350 feet, thence West 700 feet, thence South 350 feet to the point of beginning. Section 5 -- that part of the El El of the Section described as follows: Beginning at the SE corner of said Section 5, thence South 89° 44' West 777.60 feet, thence North 26° 15' East 623.4 feet, thence North 1° 46' East 1040 feet, thence North 19° 12' East 230 feet, thence North 210 15' West 300 feet, thence North 6° 32' East 200 feet, thence North 11° 36' West 300 feet to a point 575 feet, more or less, West of the Et corner and to the 4968 foot contour of Boyd Lake, thence North 34° 18' West 560 feet thence North 14° 26' West 600 feet, thence North 29° 7' West 200 feet, thence North 32° 47' East 460 feet, thence North 10° 25' West 350 feet, thence North 70° 30' East 380 feet, thence North 62° 30' West 380 feet, thence North 33° 42' West 332.5 feet to a point on the North line of said Section 5, thence South 88° 44' East 1195.2 feet to the NE corner of the Section, thence South along the East line of the Section to the place of beginning. Section 8 -- that portion of the El El of Section 8 described as follows: Beginning at the NE corner of Section 8, thence South 89° 440 West 777.6 feet, thence South 26° 150 West 116.6 feet, thence South 33° 390 West 530 feet, thence South 21° 420 West 200 feet, thence South 38° 38° East 460 feet: thence South 10° 340 East 350 feet, thence South 39 550 East 300 feet, thence South 15° 580 East 395.5 feet, thence South 38° 080 East 6444.5 feet, thence South 18° 420 West crossing the East and West center line of said Section _ 8, thence South 11° 110 West 800 feet, thence South 40° 550 West 300 feet, thence South 1 foot, more or less, to the right-of-way of the Greeley & Loveland Ditch, thence Southeasterly along said Ditch 600 feet, more or less to the center of county highway on the East line of said Section 8, where said highway inter- sects the right-of-way of Greeley & Loveland Ditch, thence North 00° 470 East 1560 feet, more or less, to- the Et corner of said Section, thence North along East line of said Section North 00° 470 East 2638 feet to the NE corner of said Section, the place of beginning; and also to include all of the SE4 lying South of the Greeley & Loveland Canal. Section 9 -- Si of the Section EXCEPT a tract of land described as follows: Beginning at a point on the northerly right-of-way of U. S. Highway 34, whence the St corner of said Section 9 bears South 01° 210 West parallel to the East line of said SW* of Section 9, 50 feet, and again South 88° 25' East 40 feet; thence North 01° 210 East parallel to the East line of said SW** of Section 9, 217.60 feet; thence North 88° 250 West 200 feet; thence South 01° 210 West 217.60 feet to the northerly right-of-way line of said U. S. Highway 34, thence South 88° 250 East 200 feet to the point of beginning. Section 10 -- all of the Section EXCEPT the NW4 Section 11 -- NW4 SE4 and a parcel of land in the SE4 described as follows: Beginning at a point of inter- section of the southerly boundary line of right-of-way of Union Pacific Railroad Co. with the South line of the SE} Section 11, thence West along the South line of said SET a distance of 458 feet, thence North parallel with the West line of said SEI a distance of 189 feet, more or less, to the southerly boundary line of right-of-way of Union Pacific Railroad Co.,thence in a Southeasterly direction along the Southeasterly boundary line of said right-of-way 491 feet, more or less, to the point of be- - ginning. Section 13 -- all of the section EXCEPT the NE4 NEt and EXCEPT a parcel of land in the SEt described as follows: Commencing at the Southeast corner of said Southeast quarter of Section 13, thence North on the East line of said Southeast quarter of Section 13, 510.8 feet, more or less, to the point of intersection of the East line of said Southeast quarter of Section 13 and the Easterly right-of-way line of the Great Western Railway; thence North 49° 070 West on said easterly right-of-way line of the Great Western Railway, 258 feet to the true point of beginning; thence North 49° 070 West on said easterly IN(",ed.k),").4 right-of-way line of the Great Western Railway, 600 feet to a thence oint;South 49° e North 07' West45745feetast to a 0 feet point;to a thenc point; e South 39.7 feet, more or less, to the point of beginning; containing 0.4 acres, more or less. Also a parcel of land in the SE4 described as follows: Co=mmencing at the Southeast corner of said SE4 of said Section 13; thence North on the East line of said SE4 of said Section 13, 510.8 feet, more or less, to the point of intersection of the East line of said SEg of said Section 13, and the Northeasterly right-of-way line of the Great Western Rail- way Co.; thence North 49° 07' West on said Northeasterly right-of-way line of said Great Western Railway Company, 858.0 feet to the true point of beginning, said point being the northwesterly corner of that certain tract con- veyed to the party of the second part by deed recorded in Book 780 at page 548 of the records in the office of the Clerk and Recorder of said Lorimer County, (which tract is hereinafter called "Tract A"); thence North 49° 07' West 486.25 feet to a point; thence North 6o° 23' East 63.65 feet to a point; thence South 49° 07' East 495.0 feet to a point; thence South 37° 48' East 152.97 feet, more or less, to a point on the Northeasterly line of Tract A; thence North 49° 07' West on the Northeasterly line of Tract A 180.0 feet, more or less, to the North- easterly corner of Tract A' thence South 40° 53' West on the Northwesterly line of Tract A 30.0 feet to the true point of beginning; containing 0.74 acres, more or less, and EXCEPT the Si SW4• Section 14 -- to include only the SEg EXCEPT the SEg SEg. Section 15 -- that portion of the NEt described as follows: Commencing at a point 100 rods West of the Northeast cor- ner on the North line of the NEt of Section 15, thence South parallel with the West line of said quarter section, to the South line of the NE4, thence West parallel with the North line of the NEt to the West line of the NE4, thence North along the West line of the NEt to the North line of the NE4, thence East along the North line of the NEt to the place of beginning; also a parcel of land in the SEt described as follows: Beginning at a point on the East right-of-way line of Highway 87, 20 feet South of the intersection of said right-of-way with South right-of-way line of the Great Western Railway Company, thence South 506 feet, along the East right-of-way line of Highway 87, thence East 280 feet, thence North 506 feet, to a point 20 feet South of the South right-of-way line of the Great Western Railway Company, thence 280 feet West to the point of beginning, and also to include the Wi of the section, EXCEPT a parcel of land described as follows: Beginning at a point on the North line of said Sidi of Section 15, from whence the northeast corner of said SW4 of Section 15 bears South 89° 48' 30" East, 500.0 feet; thence South 0° 27' West, 30.0 feet to a point; thence North 89° 48' 30" West, 370.0 feet to a point; thence North 0° 27' East, 30.0 feet to a point; thence south 89° 48' 30" East, 370.0 feet to the point of beginning; containing 0.25 acres, more or less. t c pis. °11 Section 16 -- NEq and the N4 NWq Section 17 -- NEq NEq, NWq SEq and the W4 of the Section Section 19 -- SE/ NEq, East 1/3 of the SWq NEI, E4 SEq and the East 1/3 of the W4 SEq, EXCEPT approximately the North 26 acres of the SEq NEq and East 1/3 of the SWq NEq; also to include the SW'/ SWq. Section 20 -- That portion of the SEt-q described as follows: Beginning at the SE corner of Section 20, thence West on South boundry line of said Section 20, 120 rods; thence North 1024 rods , thence East 66 feet, thence North to center of Big Thompson River, thence East 200 feet, thence South to a point 2574 rods South of the North boundry line of the SEq'— of said Section 20, thence East to East line of said Section, thence South to the point of beginning; also beginning at a point which bears North 51° 09' East 841.1 feet from the SW corner of the SEq of Section 20, thence North 19° 09' West 1222.5 feet, thence East 401.1 feet to a point which is 120 rods West and 1024 rods North of the SE corner of said Section 20, thence South 1154.98 feet to the point of beginning; also a portion of the WI SWq described as follows: Considering the West line of the SW/ of Section 20 as bearing North and South, and with all bearings herein relative thereto: Beginning at the SW corner of said Section 20; thence North 89° 49' East 1042.25 feet, thence North 1315.65 feet, thence along the North line of the SW* SWq of said Section 20, South 89° 44' West 1042.25 feet to the section line; thence along same South 1314.27 feet to the point of beginning. Section 21 -- NEq, E4 SEq, Si SWq, NEq SW/ and the E4 NW/ Section 22 -- All of the Section EXCEPT the NEq Section 23 -- NWq NEq, the West 30 acres of SWq'— NEq, a tract in the SWq described as follows: Beginning at a point 1128 feet East of the SW corner of Section 23, thence East 186 feet, thence North 350 feet, thence West 186 feet, thence South 350 feet to the point of Beginning, and also the S4 NWq. Section 24 -- All of the Section EXCEPT the Ng NWq'— Section 25 -- All of the Section EXCEPT the SEq Section 26 -- All of the Section Section 27 -- All of the Section EXCEPT the NEq Section 28 -- all of the Section Section 29 -- El of the Section, SWq and NWq NWq—a Section 30 -- NEq NEq, SWq NEq, WI NEq SW1, Si SWq and also a portion of the NWa SWq described as follows: Commencing at the SE corner of the NWq SWq of Section 30 thence North 00° 55' West 598.5 feet, thence North 85d 40' West 336 feet thence North 76° 34' West 214 feet, thence South 67 15' West 305.3 feet, thence South 79° 18' West 148.4 feet, thence North 86° 40' West 533 feet to center of county road, thence South -- 00° 51' West 547.3 feet along center of same road, thence South 89° 34' East 1520.9 feet to place of beginning. • Section 31 -- El of the Section, Ei SWq, Ni NW°7 and the Ni Si NW* EXCEPT that part lying South of the right- of-way of the Home Supply Lake Ditch. Section 32 -- NEq, Wi SE'I, a portion of the El SEq des- cribed as follows: Beginning at a point on the South line of Section 32, 60 feet West of the SE corner of said Section, thence North 400 feet, thence East 70.174 feet, thence North 2240 feet to the East and West - quarter section line of Section 32, thence West 670.714 feet to the NW corner of the El El SE/ of said Section 32, thence South 2640 feet to the South line of said Section 32, thence East 600 feet along the South line of said Section 32 to place of beginning, and also to include the WI of the Section. Section33 -- all of the Section Section 34 -- NEg, the North 55 acres of the SE/ and the SWq Section 35 -- all of the Section EXCEY1 a portion of the Ni SW-1 described as follows: Commencing at the SW corner of the NWq SWq of Section 35, thence East 1054 feet to the center of the Harry Lateral Ditch, thence North 17° 29' East 985.25 feet along the center line of the right-of-way of said Harry Lateral Ditch, thence North 63° 54' West 168.2 feet thence North 48° 12' West 219.9 feet, thence North 306 17' West 132.8 feet, thence West 990 feet, thence South on section line 1296.75 feet to the point of beginning. Section 36 -- all of the Section EXCEPT the El SEq and the E? SWq Township 3 North, Range 67 West of the Sixth Principal Meridian, Weld County, to include the following: Section 4 -- all of the Section EXCEPT the SE/ SEq Section 5 -- all of the Section Section 6 -- all of the Section Section 7 -- all of the Section Section 8 -- all of the Section Section 16 -- Si NWq and the NWq NWq Section 17 -- all of the Section Section 18 -- all of the Section EXCEPT the NWq Section 19 -- all of the Section EXCEPT the SEq Section 20 -- all of the Section Section 29 -- WI NW/ Section 30 -- all of the Section EXCEPT the SEq SEq Section 31 -- NWI Township 4 North, Range 67 West of the Sixth Principal Meridian, Weld County, to include the following: Section 2 -- Sz SWq and all that part of the SW-1 SEq of Section 2 which lies Southwest of the right-of- way of Union Pacific Railway Company. Section 3.-- a portion of the NEq SEq described as follows: Beginning at the NE corner of the NEq SEq Section 3, thence West along the North line of said NE/ SE/ a distance of 1416 feet, to the NW corner of said NEq SEq, thence South along West line of said NEq SEq a distance of 765 feet to the North bank of the Big Thompson Ditch, thence South 63° 32' East 328 feet along the North bank of said Ditch, thence South 49° 46' East 291.5 feet, thence North 9° 32' East 520 feet to a point, thence East 810 feet to the sec- tion line, thence North along said section line to point of beginning; also to include NW* SEq'—, Ni SWq, SWq'— SWI, and the NWq. Section 4 -- N? of the Section EXCEPT a tract of land in the SW corner, Blocks 1, 2 and 3 of North Johnstown, described as follows: Commencing at the WI corner of Section 4, thence North 932 feet, thence East 1028 feet, thence South 932 feet, thence West 1028 feet to point of beginning. Section 5 -- Ni of the Section EXCEPT a tract of land in the SE corner, Blocks 1 and 3 of Lawrence Sub- division, described as follows: Commencing at a point at the El corner of Section 5, thence West 700 feet, thence North 330 feet, thence East 700 feet, thence South to the point of beginning; also to in- clude the NI SWq. Section 6 -- NI of the Section Section 7 -- Si of the Section Section 8 -- Si of the Section Section 10 -- All of the Section EXCEPT the NEq NE* Section 11 -- WI SW'—q, NEq SW—n' and the SWq NW4 Section 12 -- All that part of the NEq lying South of the right-of-way of the Big Thompson, Platte River and Bee Line Ditch, also the W— NEq, SEq NE'—*, SEq, Ei SW'„ that portion of the NWq SWq lying East and North of the Union Pacific Railroad right-of-way, and the Si NW*. Section 13 -- SEq SW—*' , WI SWq and the NWq Section 14 -- NE—* and the Ni NWq Section 15 -- NEq and the SWq Section 16 -- El of the Section, SWq, and that portion of the NWq lying North and West of the Great Western Railroad right-of-way. Section 17 -- All of the Section Section 18 -- All of the Section Section 19 -- All of the Section Section 20 -- All of the Section Section 21 -- All of the Section EXCEPT a portion of the NWq described as follows: Beginning at a point on the East-West center line of the Section 866.5 feet East of the Wq corner of said Section, thence North 2634 feet to the North line of the Section, thence West to the North- West corner of the Section, thence along the West line of the Section to the West quarter corner, thence East along the half Section line to the point of beginning; and to include a tract of 11 acres, more or less, in the NWq, described as follows: Beginning 756 feet South of the Northwest corner of Section 21, thence South 742 feet along the West line of said Section, thence East 645 feet, thence North 742 feet, thence West 645 feet to the point of beginning. Section 22 -- WI of the Section Section 27 -- All of the Section Section 28 -- All of the Section Section 29 -- All of the Section EXCEPT the Ni SE'gq and the Ni Si SE* Section 30 -- All of the Section Section 31 -- All of the Section Section 32 -- All of the Section Section 33 -- All of the Section Section 34 -- that portion of the NEg that lies West of the right-of-way of the Union Pacific Railroad and the Wy of the Section EXCEPT the SWg fig. Township 5 North, Range 67 West of the Sixth Principal Meridian, Weld County, to include the following: Section 1 -- a 5 acre tract, part of the Ea Wz SEg Section 5 -- SWg Section 8 -- SE4 and the NW* Section 9 -- a portion of the Wfr of the section described as follows: Beginning at a point on the North right-of- - way line of US Highway 34, 50 feet North of South quarter corner, thence North along the East line of the 14 of the section 1192 feet, thence Northwesterly 578.1 feet, thence South 1548.1 feet to the North right-of-way line of US High- way 34, thence East along the right-of-way line 465 feet to the point of beginning. Section 11 -- that part of the NEg which lies North of North right-of-way line of US Highway 34. Section 16 -- Ni of the section Section 17 -- Ez of the section Section 18 -- That portion of the SEg described as fol- lows: Beginning at a point 527 feet East of the Southwest corner of the SE4 of Section 18; thence North 19° 10' East 351 feet, thence North 15° 20' East 505 feet, thence North 62° 25' East 123 feet, thence North 1400 feet, thence North 34° 40' West 213 feet, thence North 41° 09' West 240 feet to the North line of said SEg, thence East to the Northeast corner of said SEg, thence South to the Southeast corner of said SEg, thence West to the point of beginning; also to include that part of the SWg described as follows: Begin- ning at the Northwest corner of said SWg, thence East 1663 feet along the North line thereof, thence South 1997 feet, more or less, parallel with the East line of said SEg to a point on the northerly right-of-way line of Union Pacific Railway Company; thence Southeasterly 900 feet, more or less, along said northerly right-of-way line to its inter- section with the South line of said SWi, thence West 2312.4 feet, more or less, along the South line of said SWg to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said SWI to the place of be- ginning. Section 19 -- all of the section Section 20 -- all of the section EXCEPT that part of the NW* lying North of the ditch of the Greeley & Loveland Irrigation Company. Section 22 -- all of the section EXCEPT the NWg Section 23 -- Ez of the section Section 214 -- W4 of the section Section 26 -- SI NW4 Section 27 -- all of the section EXCEPT SW4 Section 29 -- all of the section EXCEPT NEI and a parcel of land in the SE4 described as follows: Beginning at a point 213 feet North and 888 feet East of the quarter- corner common to Sections 29 and 32 of Township 5 North, Range 67 West of the Sixth Principal Meridian, in Weld County, State of Colorado, thence running North 23° 38' West 338 feet; thence running North 66° 22' East 225 feet; thence running South 23° 38' East 1436.5 feet; thence running West 2145.6 feet to the place of beginning. Con- taining 2 acres and 11 square feet. Also EXCEPT Lot 1 of Crebbins Subdivision located in the SE4. Section 30 -- a tract of land in the NEI described as follows: Beginning at a point 26t0 feet East of the Northwest corner of said Section 30, thence East 2023 feet, thence South 30° 362' West 3067.1{7 feet to the South line of said NEI, thence West 485 feet, thence North 26140 feet to the place of beginning; NW4 SE4, that portion of the SI SE4 lying South of the county road, and the NEI SW4. Section 31 -- all that portion of NEI ling North and East of the Hillsborough Ditch, SE4, SW4, and the NW4. Section 32 -- all of the section EXCEPT the S SWI, and the WI NW4 Section 33 -- NE4, Ez SE4, and the Na NW4 Section 31{ -- NE4 NEI, SW4 and the WI NW4 ' Township 14 North, Range 66 West of the Sixth Principal Meridian, Weld County, to include the following: Section 3 -- NI NW*, and SW4 NW* - Section 14 -- NEI, all that portion of the SW4 lying North and West of the South Platte River, and the NW*. Section 5 -- SI SRI, and the NW4 Section 6 -- all of the section EXCEPT the NW4 NEI and EXCEPT the NW4. Section 7 -- all of the section EXCEPT all that portion SW4 lying South of the South right-of-way line of the Union Pacific Railroad, and also EXCEPT the NW4 NW4. Section 8 -- Ni NI of the section S. :Cr 7r7)-I!. Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, to include the following: Section 8 -- NI SWI, and that part of the Si NW* de- scribed as follows: Beginning at a point on the West line of said NWs 2576.5 feet South of the Northwest corner of Section 8, thence in a Northeasterly direc- tion to a point 891 feet East and 1699.5 feet South of said Northwest corner, thence Southeasterly to a point 1567.5 feet East and 1815 feet South of said corner, thence Southeasterly to a point 1864.5 feet East and 2054.25 feet South of said corner, thence Northeasterly to a point 2260.5 feet East and 1815 feet South of said corner, thence East 30 feet to a point, thence South to a point approximately 20 feet South of last given point, being 2291 feet East and 1835.5 feet South of said corner, thence Southeasterly to a point 2508 feet East and 1963.5 feet South of said corner, thence Southeasterly to a point 2524.5 feet East and 2260.5 feet South of said corner, thence South- easterly to the East line of said NW++ being approximate- ly 2640 feet East and 2425.5 feet South of said corner, thence South to the Southeast corner of sathid NW*,ce thence West to the Southwest corner of the NW+, rth approximately 70 feet to point of beginning. Section 9 -- a 5z acre tract part of the NI N0 de- scribed as follows: The West 550 feet of the Ni NI NEI EXCEPT the East 165 feet of the West 500 feet; also a 2*—* acre tract part of the NI El NEI described as fol- lows: The East 165 feet of the West 500 feet. Section 22 -- SW* Section 25 -- NI SWI, and the NW* Section 26 -- that part of the WI El and the NEI SWI described as follows: Beginning at the North quarter 0 - corner of said Section 26, thence South 0° 29' East along the center line to center of said Section 26, thence South 88° 16' West along the East and West center lin957e of feetsaid thencetion South91 82°8et,15' East°e 5880uth feet18° 10' East thence South 336 15' East 402 feet, thence Sou feet, Ea nSouth 6 29' East 537 feet, thence South 43 47 North o 10' 3 o a pointon the North line of said Section 26, thence West along said North line 1324 feet to the point of beginning; also to in- clude the NWQ. Section 27 -- SEI Section 29 -- NWs Section 31 -- SE4 Section 32 -- SWI SWI, NWa SWI, and S} SW+ Section 33 -- Si SE1 and NI NWI Section 3(} -- all of the section EXCEPT Si SEg EXCLUDING, HOWEVER, easements and right-of-ways for all U. S. Highways, State Highways, County roads, Railroads, Ditches, Canals, Lakes, Reservoirs, and all other above and sub-surface utility installations. Said District shall be a governmental subdivision of the State of Colorado, and a body corporate with all the powers of a public or quasi..municipal corporation; that said Board of Directors shall take such steps and proceedings as the needs of the District require; and that within thirty (30) days after the date hereof, the Clerk of this Court shall transmit to the County Clerks and Recorders of Weld, Larimer and Boulder Counties, Colo.. rado, and to the County Assessors of said Counties, true and correct copies of this Order and Decree for filing in their office . F. DONE This /a - day of August, 1961. BY THE COURT: 1 // Judge`. / rare- IN THE DISTRICT COURT IN AND FOR THE COUNTY OF LARIMER AND STATE OF COLORADO Civil Action No. 14421 In the Matter of the Organization ) of the ) ) LITTLE THOMPSON WATER DISTRICT, ) ORDER formerly known as LITTLE ) APPROVING CONSOLIDATION THOMPSON VALLEY WATER DISTRICT ) and MARIANA WATER DISTRICT. ) THE COURT having heard the testimony of Lovilo H. Fagan, Secretart of the Mariana Water District and Little Thompson Valley Water District and statements of counsel, there being no verified petitions filed opposing the consolidation, finds as follows: 1. The initiating resolution of the Mariana Water District and the concurring resolution of the Little Thompson Valley Water District have been properly filed with this Court; 2. The Board of Directors of the Mariana Water District and the Little Thompson Valley Water District have proceeded in accordance with the procedure for consolidation set forth in C.R.S. 1973, 32-1- 113; 3. That no verified petitions have been filed opposing the consolidation of. the Mariana Water District and Little Thompson Valley Water District; 4. That notice of the filing of said resolutions and the date set for hearing objections to the proposed consolidation was given by publication as defined in C.R.S. 1973, 32-1-112(7) and in accordance with C.R.S. 1973, 32-1-113(d) , which publication was determined to • be sufficient and approved by this Court ; 5. That the Mariana Water District and the Little Thompson • Valley Water District are so situated that the proposed consolidation would enable both districts to operate effectively and economically and would also promote the public health, safety, prosperity and e of the inhabitants of the districts; ATTEr s , ' C' ' Dated �' t....i� "' ! V . -71 AAXINE JOHNSON Clerk of the District Court Larimer County, Colorado Page / of 7 pegee. a 6. That the persons affected by the consolidation of the Mariana Water District and the Little Thompson Valley Water District for the purposes of an election approving said consolidation are "electors" as defined in C.R.S. 1973, 32-1-101(1)(a). IT IS THEREFORE, BY THE COURT ORDERED: 1. That the Mariana Water District and the Little Thompson Valley Water District, hereinafter referred to as Consolidated _ District, is hereby named the Little Thompson Water District; 2. That the Little Thompson Water District has been properly organized pursuant to C.R.S. 1973, 32-1-113; 3. That the area included within the Little Thompson Water District shall be all the area originally contained within the organization order for the Mariana Water District and the Little Thompson Valley Water District, together with all areas contained in any inclusions; except that the consolidated area shall not include any area excluded by the Mariana Water District or the Little Thompson Valley Water District. The legal description of the Consolidated District is shown on Exhibit "A" which is attached hereto and incorporated into this order; 4. That this order shall be forthwith recorded in the office of the Clerk and Recorder in Larimer, Weld, and Boulder Counties; 5. That an election for the approval of the Consolidated District shall be at a special election by the persons affected by the consolidation to be held on Tuesday, December 6th, , 1977; 6. That those persons listed on Exhibit "B", which is incorporated herein, being the electors of the Little Thompson Water District, shall serve as judges and alternate judges for said election. 7. That Lovilo H. Fagan, being an elector of the Little Thompson Water District, is hereby appointed to receive applications for and to disburse and collect absentee ballots for said election; 8. That the form of the ballot to be used in said election for the approval of the consolidation of the Mariana Water District and the Little Thompson Valley Water District shall be as shown on Exhibit "C" which is approved by the Court and is attached hereto and incorporated into this order; pc,., ap Page of ! pa gee. 2 9. That the clerk shall give notice of the election to be held on Tnasdav De.n mher Rth , 1977, in the form shown on Exhibit "D" attached to this Order, which notice is approved by the Court; 10. That in accordance with C.R.S. 1973, 32-1-802(5), and as required by C.R.S. 1973, 32-1-804(1), said notice shall be published in the Loveland Daily Reporter-Herald, the Longmont Daily Times-Call, the Berthoud Bulletin, the Johnstown Breeze and the Greeley Tribune once a week for three consecutive weeks. 11. That if the consolidation is approved by the electors, the area of the Consolidated District after the election shall be the total area of the Mariana Water District and the Little Thompson Valley Water District existing as of the date of this order; 12. That pursuant to C.R.S. 1973, 32-1-113(2)(e) , the approval by the people at the special election approving the consolidation of the Mariana Water District and the Little Thompson Valley Water District shall be deemed to conclusively establish the Consolidated District against all persons except the state of Colorado which may, within thirty days after entry of this order, contest the same in an action in the nature of Writ of Quo Warranto. Otherwise, the consolidation of the districts and the organization of the Consolidated District shall not directly or indirectly be questioned in any action or proceeding. 13. That the Clerk shall mail a copy of this Order to the Attorney General, State of Colorado. 14. That the files for the Mariana Water District, Larimer County Civil Action No. 14421 and the files for the Little Thompson Valley Water District, Larimer County Civil Action No. C-77-506 shall be consolidated and hereafter referred to as "In the Matter of the Organization of the Little Thompson Water District, Civil Action No. 14421." DONE IN OPEN COURT this /9 day of September , 1977. BY THE COURT: ov . _....___ .�-h- District Judge n Page � of 9 pages. � {, e EXHIBIT "A" The legal description of the Little Thompson Water District, also known as the Consolidated District, includes within its boundaries that area contained in the Mariana Water District and the Little Thompson Valley Water District when said districts were organized, together with all areas subsequently included and exclud- ing all areas subsequently excluded, all as recorded as follows: Mariana Water District : Larimer County Original description Book 1213 Page 116 Inclusions " 1292 559 " 1341 297 " 1385 " 305 " 1407 " 236 " 1444 " 359 " 1465 " 376 " 1561 865 Exclusion " 1417 393 Little Thompson Valley Water District: Larimer County Original description Book Page Inclusions 1319 25 " 1213 70 " 1213 " 71 " 1213 72 " 1213 " 73 " 1213 " 75 " 1213 77 " 1213 " 78 " 1264 32 " 1264 " 34 " 1264 " 35 " 1303 " 528 " 1318 " 215 " 1370 " 80 " 1382 " 402 " 1382 " 406 " 1382 " 409 " 1394 " 110 " 1421 " 85 " 1429 " 335 " 1459 " 521 " 1518 " 181 " 1550 77 " 1550 " 952 " 1560 " 487 " 1572 " 910 " 1607 " 360_ " 1622 " 442 " 1663 " 933 F"r*;--`�.i!Z 1669 " 163 :'' �<i " 1728 " 149 Page [ of�Pegee• Exclusions " 3797 " 303 EXHIBIT "A" Little Thompson Valley Water District : Weld County Original description Book 447 Page Reception No. 1361822 559 --- " " 1481024 Inclusions „ 560 --- " " 1482257 " 1651 323 " 1411853 1651 324 1411854 " 1651 325 " " 1411855 " 1651 326 " " 1411856 " 1651 327 " " 1411857 " 1651 328 " " 1411858 1651 329 " " 1411859 " 1651 330 " " 1411860 1411861 " 1651 331 „ " 1411862 " 1651 332 " 1411863 1651 333 " " 1411864 . • " 1651 334 " " 1411867 " 1651 337 542 1411868 • " 1651 339 " " 1464055 " - --- „ " 1470817 " 549 --- " 1480024 " 568, --- „ " 1489560 " 568 --- " " 1493358 " 571 --- „ " 1506803 " 585 --- „ " 1515369 " 593 --- „ " 1515370 " 593 --- n 1521186 " 599 -- „ " 1538519 " 617 --- " " 1543985 " 622 -- n " 1566013 " 644 - - „ " 1595950 " 674 ---- „ " 1611582 " 690 - - „ " 1615567 " 694 - "„ " 1621502 " 700 --- „ " 1638945 " 717 --- „ " 1.646854 " 725 --- „ " 1671198 " 749 -- „ " 1701943 " 780 ---- " 595 --- " " 1516763 Exclusions e " 1411865 " 1651 335 " 1111866 " 1651 336 " 1411869 " 1651 341 „ " 1411870 " 1651 342 - - -- — Little Thompson Valley Water District : • Boulder County Original description Film Reception No. Inclusions " 560 807197 " 614 " 857774 " 626 " 869524 " 632 " 876253 " 683 " " 928902 " 694 " " 939386 " 823 " " 71758 858 " " 3.081.17 " 903 " 154617 " 904 " " 155870 Page S of 7 pegee. Exclusions None ... EXHIBIT "B" JUDGES: Mrs. Levi Miller Mrs. Gertrude Clark Mrs. Ron Sprinkle Mrs. Eugene Bashor Mrs. Ralph Dean Mrs. Dean Anderson Mrs. ,U. I. Spaur Mrs. Elmer Shultz Mrs. Irving Brown ALTERNATE JUDGES: Mrs. Schmactenberger Mrs. Carol Johnson Mrs. Claire White ems,' page tC M pages.. EXHIBIT 'C" Front of Ballot OFFICIAL BALLOT OF LITTLE THOMPSON WATER DISTRICT Do you approve the consolidation of the Mariana Water District and the Little Thompson Valley Water District into a single con- solidated district known as the Little Thompson Water District as ordered by the Larimer County District Court on September 14th„ 1977? Approve Disapprove Back of Ballot Official Ballot of LITTLE THOMPSON WATER DISTRICT located in the Counties of Larimer, Weld and Boulder, State of Colorado n h r Fi, 1 Q77 Date of Election Facsimile of Signature of the Secretary of the District • Fags 7 of 9 pngm. EXHIBIT ,D„ NOTICE OF ELECTION TO WHOM IT MAY CONCERN, and particularly to the electors of the Mariana Water District, Larimer County, Colorado, and the Little Thompson Valley Water District, Boulder, Larimer and Weld Counties, Colorado: NOTICE IS HEREBY GIVEN that on September 14th , 1977, an order approving the consolidation of the Mariana Water District and the Little Thompson Valley Water District into a single consolidated district named Little Thompson Water District was entered by the District Court, Larimer County, State of Colorado. The purpose of said consolidation is to enable both districts to operate more effectively and economically and to promote the public health, safety, prosperity and general welfare of the inhabitants of the districts. The area included within the boundaries of the con- solidated district shall be all the area originally contained within the organization order for the Mariana Water District and the Little Thompson Valley Water District, together with all areas contained in any inclusions; except that the consolidated area shall not include any area excluded by the Mariana Water District or the Little Thompson Valley Water District. Pursuant to the order of the Court, a special election for and approval of the consolidation shall be held onDecember 6th, , 1977, between the hours of 7:00 A.M. and 7:00 p .M. Any person who is qualified to vote in general elections in this state and has been either a resident of the District or area to be included within the District for not less than 32 days or who or whose spouse owns taxable real or personal property with said District or the area to be included in the District, whether said person resides within the District or not, may vote on the consolidation at the following precincts and polling places: Mariana Water District 263 South County Road 23 E Loveland, Colorado Little Thompson Valley Water District 307 Welch Avenue Berthoud, Colorado Johnstown Fire Station fr,(•� ^'� .., 915 10th Johnstown, Colorado Pate n of 9 neeea. NOTICE IS FURTHER GIVEN that applications for absent voter's ballots may be filed with the Secretary of the District , Lovilo H. Fagan, at 307 Welch Avenue, Berthoud, Colorado, not earlier than 20 days before the election nor later than the close of business on the Friday immediately preceding the election. MARIANA WATER DISTRICT LITTLE THOMPSON VALLEY WATER DISTRICT By: Secretary to the Districts Page `I of 7 rmrnt z IN THE DISTRICT COURT IN AND FOR THE COUNTY OF LARIMER AND STATE OF COLORADO Civil Action No. 14421 712:1 2m r, o In the Matter of the Organization ) ; a of the ) • PO "it=7. ORDER -- P-'=" pr-..to LITTLE THOMPSON WATER DISTRICT, ) formerly known as LITTLE ) P co co °. THOMPSON VALLEY WATER DISTRICT ) ;-n and MARIANA WATER DISTRICT. ) N Based upon the Certificate filed by Lovilo IL Fagan, Secretary of the Little Thompson Water District, and on attached copies of the Judge's Certificates of Election Results, the consolidation of the Mariana Water District and the Little Thompson Valley Water District into the Little Thompson Water District, as ordered by the Court on September 14, 1977, was approved by the electors of the Little Thompson Water District by the required majority and the consolidation is hereby confirmed. Di6'trict Judge • W. In Y ± . In _ ATr rlag ._ to i_: - � m �e�i� ,rI L''. (NJ Crlrlc. " �i} Dated.Arl.c` Y.Rac..K. 2a 0 C.' MAXINE, JOHNSON C sj p rAct.oaorrt t yer Cohn4, doiedo �'rputy Clerk r?, r, ...,„ of�pegca. AGREEMENT WITH CENTRAL WELD COUNTY WATER DISTRICT FEBRUARY 21 , 1967 PURCHASE AND SALE AGREEMENT BETWEEN LITTLE THOMPSON VALLEY WATER DISTRICT AND CENTRAL WELD COUNTY WATER DISTRICT CONCERNING THE PURCHASE OP FILTER • PLANT AND OTHER FACILITIES i I !j THIS AGREEMENT, made and entered into this ,2/ day of f ( 7./ne....“-.-^'1 , 1967, by and between CENTRAL WELD COUNTY WATER DISTRICT, hereinafter referred to as "Central" and LITTLE THOMPSON VALLEY WATER DISTRICT, d . Ihereinafter referred to as "Thompson", WITNESSETH: THAT WHEREAS Central and Thompson are both statutory water districts i organized under the laws of the State of Colorado, and Central is in the process of establishing their water system; and WHEREAS, Central proposes to acquire, construct, maintain and operate a system for the diversion, supply, storage and distribution of water to the members of the District for domestic purposes within the area served by the District in the County of Weld, State of Colorado, and Thompson has already constructed similar facilities, and WHEREAS, it would be mutually advantageous to Central and Thompson — for Central to purchase an interest in Thompson's (1) filter plant, (2) raw water withdrawal facilities, (3) backwash tank and appurtenances, (4) filter - r plant outlet line to storage tank, (5) storage tank and all appurtenances connected'therewith; and it is mutually advantageous for Thompson to purchase i I a capacity in the Central transmission line. III NOW, THEREFORE, in consideration of the premises, it is mutually agreed as follows: I I 1. Thompson agrees to sell and Central agrees to purchase fifty (50) per cent ownership in Thompson's (1) filter plant, (2) raw water withdrawal facilities, (3) backwash tank and appurtenances, (4) filter plant outlet line • to storage tank, and all appurtenances therein together with proposed expansion of said facilities as defined below for and in consideration of the covenants and conditions hereinafter stated. a. Central shall place in a jointly owned escrow account the • sum of $227,500.00, and the escrow agent shall be a bank mutually agreed upon by the parties hereto. ' 1" • b. Said funds shall be equally owned by the parties hereto and shall be used for the purpose of further expansion of said filter plant and all • - appurtenances therein and thereto. Said funds cannot be withdrawn by either party without the consent of the other, except that when the plant water usage reaches or is reasonably anticipated to reach 2.2 million gallons per day, either party shall have the authority to authorize and initiate said plant • expansion to 4.4 million gallons per day; and the plant and its facilities with said expansion to 4.4 million gallons per day, shall be equally owned by the parties. c. The cost of said plant expansion shall be paid from said funds held in escrow and if additional funds are required to expand said plant facilities to 4.4 million gallons per day, then in such event all additional costs shall be shared equally by the parties hereto. d. Should either party hereto desire to expand said plant • facilities in excess of 4.4 million gallons per day, it may do so at its own expense; however, each party hereto reserves the right to share in the costs and share in the ownership equally of said plant facilities in excess of 4.4 million gallons per day if either party chooses so to do. Should a party expand the said plant facilities beyond 4.4 million gallons per day and the other party chooses not to share costs and share the ownership on a fifty (50) per cent basis, the party choosing not to share equally, shall share the cost and additional ownership over and above 4.4 million gallons per day on a pro- ' rated basis determined by its contribution, if any, to the additional cost. • e. Central shall purchase and Thompson shall sell a one-third ownership in Thompson's existing one million gallon storage tank for the total • purchase price of $17,500.00 and upon deposit of said $227,500.00 into said escrow account, it is understood and agreed Central has paid in full to Thompson for its one-third ownership in said storage tank. f. It is further understood and agreed that test benches for meters presently located within the filter plant shall remain the property of Thompson. In the event said expansion requires the removal of said benches, each District will share the cost proportionately of said removal. Thompson -2- • • • • will test meters of Central for a charge to be agreed upon, if Central requests this service. _ g. It is further agreed that upon deposit of said $227,500.00 into said escrow account, as aforesaid, Thompson shall transfer one-half interest in the filter plant and the said properties by warranty deed and shall transfer one-third interest in the above said storage tank by warranty deed, free and clear of all endumbrances, except those encumbrances, if any, due to the previous issue of Bonds by Thompson. Thompson does not have legal title to all • of the raw water withdrawal facilities, but shall convey fifty (50) per cent• • to the extent of its interest, both legal and equitable. Central shall transfer the use and benefit of said transmission line as herein set forth. It is further agreed that any and all easements now existing shall go with said properties. h. It is understood and agreed both Central and Thompson own a•• specific amount of water which all or a portion thereof shall be withdrawn into • the said mutually owned filter plant from the Carter Lake Outlet Works, the operation and maintenance of which is under the control of the Northern Colorado Water Conservancy District. In view of the prior sole ownership of ' the said filter plant by Thompson, Thompson entered into an agreement dated • July 13, 1962, attached hereto marked Exhibit A and made a part hereof by -• i reference, with the said Conservancy District and the agreed joint ownership of i . ' said filter plant between Thompson and Central is fully subject to said agree- '• vent. Furthermore, the Conservancy District has not entered into a separate and original agreement with Central due to the absence of a separate filter plant M for Central, and the Conservancy District shall continue to maintain and enforce its agreement with Thompson. Said agreement, inter alia, defines the coat to • Thompson based upon the amount of water withdrawn into the filter plant. Under the joint ownership of said plant the water withdrawn from the Carter Lake Outlet Works into the plant shall be partially Thompson's and partially Central' • but the obligation to the Northern Colorado Water Conservancy District arising from the total withdrawal of water shall be Thompson's under its agreement with — the Conservancy District. Central, therefore, agrees to pay Thompson its 1 portion of the Conservancy District's annual billing to Thompson. Central's said portion shall be based upon the amount of water withdrawn for its use and shall be due and owing within ten days of receipt of Notice thereof and payable i at the office of Thompson in Berthoud, Colorado. It is further understood and• • t -3- ----, I agreed that in view of the fact Thompson owns a greater amount of water than does Central, should Central withdraw more water than it in fact owns through said Carter Lake Outlet Works, it would in fact be using Thompson's water. In such event, Thompson has the option of either refusing to Central the use of Thompson water or to sell its water to Central at an agreed price per "acre foot unit". Said "acre foot unit" shall be defined as stated in said agreement between Thompson and the Conservancy District. 2. It is further understood and agreed that Thompson agrees to purchase and does purchase and Central agrees to sell and does sell a portion of the capacity in the Central Transmission line for the transportation of Thompson water, now being constructed, under the following terms and conditions: a. That Central finish the water transmission line through Thompson's water district. b. That Central shall maintain and operate said transmission line. c. The capacity in the Central Transmission line herein pur- chased by Thompson is 500 gallons per minute total with the following limitations: (1) 500 gallons per minute maximum to the centerline of Section 22 and 27, Township 4 North, Range 69 West of the 6th P.M. (2) 300 gallons per minute maximum to the centerline of Section 22 and 27, Township 4 North, Range 68 West of the 6th P.M. (3) 100 gallons per minute maximum to the West side of Section 22 and 27, Township 4 North, Range 67 West of the 6th P.M. In other words, the maximum capacity is 500 gallons per minute under any combination of totals under subparagraphs (1), (2), and (3) with the limitation under Paragraph (2) whereby 300 gallons per minute is the maximum capacity and the limitation under Paragraph (3) whereby 100 gallons per minute is the maximum capacity. d. Thompson shall install outlets or taps not to exceed one outlet per each half mile on the Central transmission line. Additional outlets may be granted by Central by mutual agreement of the parties. -4- II e. Agreements for taps previously granted by Central in consideration of easements to Central within the Thompson District shall be assigned to Thompson on the condition that Thompson accepts said assignment or assignments. Should Thompson accept the assignment or assignments of said agreements, the taps thereunder granted shall be in addition to the right to install outlets or taps not to exceed one outlet per each one-half mile as stated in paragraph 2(d) above. f. Thompson shall pay all costa for the material and installation of outlets, gates, valves, and meters at outlets within the Thompson District on said Central Transmission line. Thompson agrees that said outlets, gates, valves and meters shall be installed according to Central's { specifications. g. Thompson agrees to pay Central Eighty Thousand Dollars ($80,000.00) for the said capacity of 500 gallons per minute in the Central Transmission line and upon deposit of said $227,500.00 into said escrow account by Central, as stated above in Paragraph la, it is understood and agreed said $80,000.00 has been received and acknowledged by Central and fully paid by Thompson to Central. h. Thompson shall pay its share of the joint metering vault, which amount shall be subsequently determined, and its share of the cost of said metering vault is in addition to said $80,000.00. i. The amount of water used by Thompson shall be determined by taking 102 per cent of the meter readings of individual master meters and individual meters at takeoff points from the transmission line. The additional 2 per cent shall make up for line losses, breakage or any other cause of loss of water. J. Thompson will pay 10 per cent of any and all repairs and maintenance costs along the total reach of line between the joint metering vault and the West aide of Section 22 and 27, Township 4 North, Range 67 West of the 6th P.M. plus 20 per cent of the said 10 per cent to cover administrative. costs. k. Central agrees that the minimum pressure in its transmission --- line at the centerline of Section 22 and 27, Township 4 North, Range 68 West of the 6th P.M. shall be fifty (50) pounds per square inch in order to provide Thompson with the benefits it is purchasing hereunder. r _5_ 1. For the purpose of defining the areas to be served by Thompson and Central without competition or interference from each other, it is mutually agreed that Thompson reserves the right to serve the land area East of Interstate Highway 25 (Valley Highway) within the following defined boundary: Beginning at a point at the intersection of Interstate Highway 25 (Valley Highw y) and the Saint Vrain River, continuing along the North bank of the Saint Vrain River to the intersection of the Saint Vrain River and the South Platte River; thence Northeasterly along the Northwest bank of the South Platte River to the intersection of the South Platte River and the Big Thompson River; thence Westerly along the South bank of the Big Thompson River to the Southeast corner of Section 5, Township 4 North, Range 66 West of the 6th P.M.; thence North along the East line of said Section 5, Township 4 North, Range 66 West of the 6th P.M. to the geographic Northern boundary of the Thompson District. Central reserves the right to serve the area South of the Saint Vrain River and East of the South Platte River and North of the Big Thompson River and East of the West side of said Section 5, Township 4 North, Range 66 West of the 6th P.M.; subject however, to customers presently served by either Thompson or Central outside of the aforesaid defined area. The foregoing paragraphs under subparagraph 1 may be modified and altered from time to time upon mutual agreement between the parties hereto. m. In view of the possibility that Central may sell water to a • third party as a result of said third party owning and constructing a water line to Central's main transmission line and connecting therewith within the Thompson District, Central hereby agrees that any and all agreements to sell water under such circumstances shall expressly deny to the vendee the right to sell water from his, hers, their, or its line within Thompson's District or in the immediate area of Thompson's District, to which Thompson offers service and readily serviceable by Thompson. • 3. The date of final Settlement shall be on or before August 1, 1967 at which time insurance and any and all other items paid in advance by Thompson or Central shall be prorated as of said date. 4. A separate agreement is being entered into concurrently herewith providing for maintenance operation and further expansion of the above said facilities. • - • • • IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first hereinabove written. : LNEc0nTIDjtRT2.... ENTRA LD By: 4 ATTEST:'dreg LITTLE TNONFSON VALLEY WATER DISTRICT ATTEST: -- ✓ // C CMG AGREEMENT WITH FORT COLLINS/LOVELAND WATER DISTRICT APRIL 22 , 1985 • RCPTN # 85023499 ,5/17/85 09 : 22 : 28 # OF AGES - 3 FEE - $9 .00 J . ULVANG, RECORDER - LARIMER COUNTY , CO. DOC. FEE- $. 00 AGREEMENT This Agreement made this 12l day of April, 1985, betwccn Little Thompson Water District, hereinafter called "Little Thompson" and Fort Collins-Loveland Water District, hereinafter called "District", for good and valuable consideration, WITNESSETH: 1. Little Thompson desires to buy treated water from District, and District is willing to sell and deliver same on the terms and conditions herein stated. 2. The price for the water shall be the sum of Seventy-Five Cents (75C) per thousand (1,000) gallons, and Little Thompson shall supply the raw water at its sole expense by furnishing units in the Northern Colorado Water Conservancy District in advance to District. Little Thompson shall deliver to District estimated usage _ figures and transfer Northern Colorado Water Conservancy units to District on or before May 1st of each year during this Agreement. If the actual usage exceeds the water transferred, Little Thompson will transfer additional units to equal the actual usage. The water supplied shall be through a meter, which shall be read monthly, and a bill furnished by District. 3. The point of delivery is where the District line ends on County Road. 9 north of Boyd Lake Shores Subdivision, located in the Northeast 1/4 of the Northeast_ 1/4 of Section 5, Township 5 North, Range 68 West in Larimer County. Little Thompson shall be solely responsible for the expense of meter installation and for the maintenance of the meter. Also, Little Thompson shall be solely responsible for the replacement of the meter and shall replace the meter within ten (10) days if District notifies Little Thompson that replacement should be made because of the failure or possible inaccuracies of the meter. Little Thompson shall continue to be responsible to maintain any lines and facilities awned by it which provide for the delivery of the water, and District shall be solely responsible to continue to Page 1 of 3 Caa7 .1 maintain and operate its lines. 4. The price above stated shall be subject to annual review as to an increase or decrease, as District chooses in its sole option. Any review of the rate shall be made in December, and District will take into account all of its expenses in connection with or related to furnishing this water, which include pumping costs, water assessments, and anything else affecting District's operations which directly or indirectly affect the cost of providing water to Little Thomason. Little Thompson, however, shall have the right, on six months advance written notice to District, to terminate this Agreement without cause, and the Agreement shall terminate six months from the date of such written notice, provided, however, that District and Little Thanpson shall cooperate to terminate the service, and the termination may be carried out within fifteen (15) days from the end of the six month period, and all water used until the termination of service is complete shall be paid for by Little Thanpson at the rates then in effect. Little Thompson, after such termination, will retain ownership of the meter. Any adjustments which must be made because of an overage or shortage of units transferred to supply the raw water shall he completed as soon as possible. 5. District shall also have the right to terminate this Agreement, without cause, on six months advance written notice to Little Thompson, and the provisions for carrying out termination shall be the same as those stated as if Little Thompson terminated the Agreement. 6. District does not make any guarantees of water pressure or uninterrupted service and shall not be liable to Little Thompson, nor to any of Little Thompson's customers for any diminution in pressure or interruption of service. Page 2 of 3 ter .-CR AT 7. Subject to the rights of termination as provided above, the term of this Agreement shall be from January 1, 1985, to and including December 31, 1990. This Agreement shall be binding upon the parties hereto and their successors and legal representatives. Neither party shall have any rights to assign any interest under this Agreement. FORT COLLINS-L0VELAND WATER DISTRICT ATTEST: BY \/ (%t iL C. LC- L. ;J/. F Secre Presiden)' ATTEST: LITTLE THOMPSON WAMR DISTRICT BY 67HPL_Q S- Sere ary (� President Page 3 of 3 AGREEMENT WITH NORTH CARTER LAKE WATER DISTRICT DECEMBER 1 , 1965 AGREEMENT THIS AGREEMENT, made and entered into this day of November, 1965, by and between NORTH CARTER LAKE WATER DISTRICT, a statutory water district, party of the first part, and LITTLE THOMPSON VALLEY WATER DISTRICT, a statutory water district, party of the second part, is on the following terms and conditions, to-wit: WHEREAS, the second party is the owner of a domestic water filtration plant and distribution system which adjoins the proposed water distribution system of the first party, and WHEREAS, both parties are willing to enter into a contract to provide first party with filtered water and other services. NOW THEREFORE, in consideration of the promises and covenants herein after provided and the payment of the funds for services enumerated, the parties hereto agree: 1. The first party shall furnish unto the second party at the headgate of its filter plant at Carter Lake in Larimer County, Colorado such water as it desires to have filtered for delivery through its domestic system. Provided, however, that the second party will limit the delivery during the life of this contract to the capacity of the filter plant and subject to the requirements of the users of Little Thompson Valley Water District. 2. The second party agrees it will receive such raw water and treat the same in its domestic water filtration plant, so the same shall pass the Colorado Board of Health requirements and deliver the same to the water line of the first party through pumps furnished by the party of the first part, to be located in the filter plant of the party of the second part, at the point agreed by the parties hereto. The first party agrees to pay for said filtered water the sum of forty cents (40e) per thousand gallons so delivered, including the electricity to operate said pumps, with a minimum monthly rental of Fifteen Dollars ($15.00) per month. The parties hereto agree that this agreement shall be for a period of one year from the acceptance of the water distribution system by the first party and shall be subject to renegotiation at that date, with adjustments -1- made for the operation experience of each District. IN WITNESS WHEREOF, the it parties hereto have set their hand and seal this /t day of 12ttz vt itt t , 1965. NORTH CARTE WATER DISTRICT By: / esident ATTEST: / Cc 7 cretary LITTLE THOMPSON VALLEY WATER DISTRICT 4q dent ATTEST: e cretary -2- ref' 794 AGREEMENT WITH THE CITY OF LOVELAND JULY 20 , 1965 AGREEMENT For good and valuable consideration, this agreement is made and entered into this 2Ota day of July, 1965 by and between The City of Loveland, Colorado, a =minipal corporation, hereinafter called "City", and Little Thompson Valley Water District, a Statutory Water District, offices located in Berthoud, Colorado, hereinafter called "District". xia.pEf $a� g WHEREAS, the District was formed for the purpose of serving domestic water service to various portions of Boulder, tanner. and Weld Counties, State of Colorado, and has built and emyleted domestic water lines in treas. and surrounding portions of the City of Loveland{ WHEREAS. the City ham domestic water lines serving various portions of lends surrounding the corporate City of Loveland, Colorado, and; WHEREAS, the parties hereto desire to enter into this agreement, defining the respective territories to be served by the City and the District subsequent to the date of these presents, and their respective duties sud responsibilities to each other relative thereto, as stated below; NOW THEREFORE, the parties hereto agree that the District shall serve all territory lying South, East, and West of the boundary hereinafter described, or in other words, the boundary hereinafter described separates the territory of the City and the territory of the District, henceforth and the territory of the City being within the boundary hereinafter described, and North without limitation under this &greenest, located in the County of Limiest, State of Colorado, towtts Consenting at the center of Section 21, Township 3 North Range 69 West of the 6th P.H.. thence South along the centerline of said Section 21 and Section 28, Township 5 North, Range 69 West of the 6th P.H., to the North line of County Road No. SO; thence East aloof the North line of County Road No. 80 to the inter- section with County Road No. 82; thence South along the last side of County Road No. 82, being the section line between Section 27, Township 3 North, Manse 69 West of the 6th P.H.. and SectionCounty to the intersection of Road No. 98; thence Easterly and Southerly along the North side of County Road No. 98 to Where the same intersects with the South line of said Section 27; thence East along the North side of the County road, being So of the6th South side R.N. of sa Township 27 and Section 26, tnship 5 North, Rang 69 West to a point where the saes intersects the West right of way line of the Colorado and Southern Railway property being on the South line of said Section 26; thence Southeasterly along the Nest right of way line in Section 35, Township S North, Range 69 West of the 6th P.N., to the point where the West right of way line intersects the Name Supply Ditch; thence East along the Worth bank of the Ilocs Supply Ditch to the East line of Section 35; thence South along -1 • the West right of way line along the East line of said Section 35 to a point 29tolthe Southorth of h line of the Section 36 t corner of maid Toownship S North, Range; thence et 69 West of the 6th P.N., 348 test more or less to a point which is the West line of the Selby property; thence North along the West line of the Selby property 370 feet; thence East 318 feet; thanes North parallel to the East line of said Section 35 and a distance of 666 feet East therefrom to the South line of Section 25, Township S North, Range 69 West of the 6th P.N.; thence East on the South line of Section 25 to the West line the West line of the of County Road toNo. 47No. 47;a point ware it intersects with a he the South line of County Road No. 82 in Section 25; thence West to a point where the line intersects West line of Southwest Quarter (Silk) of Northeast Quarter (NE}) of Section 25. Thence North along the West line of Northeast Quarter of Section 25 and West line of Southeast Quarter of Section 24 to South bank of Big Thompson River; thence along the South and East bank of Big Thompson River to a point where the river intersects the East line of Section 19, Township S North Range 68 West of the 6th P.N.; thence North along the east line of Sections 19 and 18 to a point ware same intersects the South right of way line of Crest Western Railroad, thence East along the South line of right of way to ware the line intersects the North South centerline of Section 17, Township 4 North, Range 68 West; thence North along the centerline of Section 17 and 8 to South bank of Boyd Lake. And the parties hereto, covenant and agree that henceforth all requests for water service in to territory so described shall be referred to the party to whom the area is allocated under this agreement; It is further understood and agreed that as to existing water taps or existing commitments for water taps of each party within the respective territories designated to each party by this agreement, the parties shall each continue to serve existing taps without reference or liability hereunder. It is the intention of the parties hereto that this agreement define the v territory within which each shall exclusively provide the requested water service subsequent to the date hereof. All express or implied covenants of this agreement shall be subject to all federal and state laws, executive orders, rules or regulations; and the parties shall not be held liable in damages for failure to comply herewith, if compliance is prevented by, or if such failure is the result of any such law, order, rule or regulation. The parties hereto agree that should any of the Districts territory become a part of an incorporated City of Loveland, that the parties hereto agree to negotiate as to future service of said water taps and service of the lines within the area so annexed. All conditions and covenants herein shall extend to the successors or assigns of the parties thereto. IN WITNESS WHEREOF tha parties hereto have set their hands and seals this 20th day of July , 1963. CITY OF LOWLAND, a municipal corporation Mayor Ray (Patterson ATTEST, ,,,,,4 ty Clerk ro..A.A_.LITTLESON VALLEY WATER DISTRICT BPI Louis F. Be n, President ATTEST; /pJ +ne�-CO t`ln ff lC4T� ./ Lovilo H. Fagan, eretary -- F AGREEMENT WITH THE TOWN OF MEAD JANUARY 1 , 1985 RCPTN # 85022364 05/10/85 15 : 11 : 27 # OF PAGES - 11 FEE - $33 . 00 J . ULVANG , RECORDER - LARIMER COUNTY , CO. DOC. $. 00 FEE- WATER SERVICE AGREEMENT This Water Service Agreement is made and entered into as of the 1st day of January , 1985 between Little Thompson Water Dis- trict, a Colorado quasi-municipal corporation (hereinafter called the "District") , and the Town of Mead, Colorado , a Colorado municipal corporation, (hereinafter called the "Town") , and is upon the following terms and conditions , to-wit: SECTION 1 1 . 01 The District shall sell and deliver to the Town, and the Town shall purchase and receive from the District water which the Town requires for its operation of its municipal water system. 1 . 02 Provided however, that the Town shall have the right to continue to provide its othis contract for water wter fa or to contr with another entity to supplement ser- vice. 1 . 03 The District shall not be required to construct new facilities except as herein provided in order to perform this Agreement. SECTION 2 2. 01 The Town shall pay the District for all water furnished hereunder at the rates and n the terms and conpart ditions set forth on Rate Schedule A, attached hereto and made hereof. 2. 02 The Board of Directors of the District at such intervals as it shall deem appropriate , but in any event not less frequently than once in each calendar year, shall review shall revise e for water furnished hereunder and, if necessary, such rates so that it shall produce revenues which shall be sufficient, with the revenues of the District from all other sources , to maintain and operate its system and for the establishment and maintenance of reasonable reserves. 2 . 03 The Town agrees that the rate from time to time established by the Board of Directors of the District shall be deemed to be substituted for the rate herein provided and agrees to pay for water furnished by the District to it hereunder after the effective date of any such revisions at such revised rates. 2 . 04 In order to provide sufficient notice to the Town for budgeting, the District will notify the Town of rate revisions by September 1 of a calendar year of any rate increase that will become effective for the ensuing year. 2 . 05 The meters shall be read by the District under its meter reading schedule. 2 . 06 The District shall read meters or cause meters to be read at monthly intervals. 2 . 07 Water furnished hereunder shall be paid for at the Office of the District in Berthoud, Colorado, monthly, no later than the 45th day after the bill is mailed to the Town. 2. 08 If the Town shall fail to pay any such bill in the above prescribed in addition to any other rights or remedies of the District, a 3% late charge shall be added to the bill, and the District may discontinue delivery of water hereunder upon fifteen (15) days ' written notice to the Town of its intention so to do. SECTION 3 3 . 01 water furnished by the District shall be chemically treated according to requirements on the District imposed by state and federal law. 3. 02 The District ohall not be rcoponaiblc to the Town el ��. the Town es and indemnifies the District y claimsb' � for personal injur , erty damage mages or claims of/H n\c damages of any kind or natu may result from a failure of ,14 treatment ,treatment , inade eatment or any o _G use arising out or, Afi.) this n in excess of any insurance co of f the Vt _ C riot. 3 . 03 The District shall use reasonable diligence to provide constant and uninterrupted supply of water hereunder. 3 . 04 If the supply of water shall fail or be interrupted or become defective through Act of God or of the public enemy, or because of accident, labor troubles, or any other cause beyond the control of the District, the District shall not be liable therefore or for damages caused thereby. 3 . 05 The water service, unless otherwise specified, will be furnished continuously except (1) for interruptions or reductions due to uncontrollable forces, as defined herein; (2) for inter- ruptions or reductions due to operations or devices installed for water system protection; (3) for temporary interruptions or reductions which, in the opinion of the District are necessary or desirable for the purposes of maintenance, repair, replacement, installation of equipment, or investigation and inspection. 3. 06 The District, or its agents , except in cases of emergency, will give the Town reasonable advance notice of such temporary interruptions or reductions and will remove the cause thereof with diligence. -2- 3 . 07 Neither party shall be considered in default in respect to any obligation hereunder if prevented from fulfilling such obligation by reason of uncontrollable forces, the term uncontrollable forces being deemed for the purposes of this agreement to mean any cause beyond the control of the party affected, including, but not limited to, failure of facilities , flood, earthquake, storm, lightning, fire , epidemic, or, riot, civil disturbance, labor disturbance, sabotage , and restraint by court or public authority, which by due diligence and foresight such party could not reasonably been expected to avoid. 3 . 08 Either party rendered unable to fulfill any obligation by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. SECTION 4 4 . 01 The Town shall make and pay for all final connections between the system of the Town and the system of the District at the points of delivery. 4 . 02 The points of delivery shall be as set forth in Schedule B attached hereto, and made a part hereof. 4 . 03 Schedule B shall be deemed to be amended from time to time to include such other point or points of delivery as may be agreed upon by the District and the Town. 4 . 04 The Town shall pay all costs of the installation and testing of the necessary inter-connection and metering equipment at the points of connection. 4 . 05 The District shall own and maintain all metering equipment , vaults, and appurtenances. 4 . 06 The District shall test and calibrate meters or cause meters to be tested and calibrated in comparison with accurate standards at intervals established under the rules and regulations of the District. 4 . 07 The District shall also make or cause to be made special meter tests at any time at the Town' s request. 4 . 07 . 01 Any special meter test or cost shall be borne by the Town and the District shall bear any other meter testing costs. 4 . 07 . 02 Meters registering not more than 10% above or below normal shall be deemed to be accurate. 4 . 08 The readings of any meter which shall have been disclosed by test to be inaccurate shall be corrected from the -3- .:k z, . .... beginning of the monthly billing period immediately preceding the billing period during which the tests are made in accordance with the percentage of inaccuracy found by such tests, provided, that no correction shall be made for a longer period than such inac- curacy may be determined by the District to have existed. 4 . 09 If any meter shall fail to register for any period, the Town and the District shall agree as to the amount of water furnished during such period and the District shall render a bill therefore. 4 . 10 The District shall notify the Town or cause the Town to be notified in advance of the time of any meter reading or test so that the Town' s representative may be present at such meter reading or test. SECTION 5 5 . 01 The Town will not sell at wholesale any of the water delivered to it hereunder to any existing or potential customer of the Town for resale by that customer. 5 . 02 The Town agrees that it will not operate water treatment and supply plants for the treatment and transmission of water or purchase water from another entity except at times when fr the District is unable to supply the Town' s requirements , and then only to the extent that the District is unable to supply such requirements. 5 . 03 In the event the Town annexes property which is included within the District, or is served by the District with water service, the Town agrees that the District shall continue to serve all existing taps. 5 . 04 Service to any new water services of any kind or nature that may hereafter come into existence may be served by either the Town or the District upon application by a customer for a service. 5. 05 The Town agrees that it will not grant any new water taps for retail or wholesale water service outside of its current Town limits during the term of this Agreement or any extension thereof without the prior consent of the District. 5 . 06 The Town may continue to serve any existing taps that are currently outside of the Town' s limits. 5 . 07 The Town may also grant new water taps to retail customers in the city that are requested by a customer applying for service. -4- CY 33'� SECTION 6 6 . 01 This Contract shall supercede all existing contracts between the District and the Town and shall remain in effect for ten (10) years. 6 . 02 This Contract shall thereafter be automatically renewed for successive five (5) year terms unless terminated as herein provided. 6 . 03 Either party may terminate this contract upon giving three (3) years prior written notice to the other party of its intent to terminate the Contract. 6 . 04 The termination of the Contract shall not extinguish any right or obligation under the Contract that may have accrued during its term. SECTION 7 7 . 01 If, in the maintenance of their respective water systems and other water systems from which the Town may obtain water service, it becomes necessary by reason of any emergency or extraordinary condition for either party to request the other to furnish personnel, materials, tools , and equipment for the accomplishment thereof, the party so requested shall cooperate with the other and render such assistance as the party so requested may determine to be available. 7 . 02 The party making such requests, upon receipt of properly itemized bills from the other party shall reimburse the party rendering such assistance for all costs properly and reasonably incurred by it in such performance, including not to exceed ten percent thereof for administrative and general expense, such costs to be determined on the basis of current charges or rates used in its own operations by the party rendering the assistance. SECTION 8 8 . 01 The Town agrees to construct, operate, and maintain its distribution water lines and other system facilities in accordance with generally accepted standards of construction, and shall install, maintain, and operate reasonable and proper back flow prevention equipment. 8 . 02 The District may discontinue furnishing water to the Town at any point of delivery, after reasonable notice of nonconformity with said specifications or of an unsafe or unsatisfactory condition, and the Town fails or refuses to make such changes as may be reasonably necessary to eliminate unsatisfactory conditions within a reasonable time. -5- SECTION 9 9 . 01 The Town will provide to the District notice of any proposed annexation to the Town at the time the Town' s officials become aware of the proposed annexation. 9 . 01 . 01 The notice shall contain a legal description of the annexation and a map showing the area proposed to annexed as well as the surrounding area. 9 . 01 . 02 The map shall also indicate locations of natural landmarks and all existing utilities and shall also contain other information pertinent to the annexation. 9 . 02 The District shall be allowed to participate in all planning relative to the location of utilities , roads , drainage easements, ditch rights-of-way and utility easements. 9 . 02 . 01 Such participation shall be that which is accorded to the District by law and is not intended to be a veto or other limit on the discretion of the Town. SECTION 10 10 . 01 The District is granted the right, privilege and authority to excavate in, occupy and use any and all streets , alleys, viaducts , bridges , roads, lanes , and other public ways and places under the supervision of properly constituted authority for the purpose of bringing water into, within and F through the town of Mead in supplying water to the Town and the inhabitants thereof and in the territory adjacent thereto, provided, however, that the District shall so locate its transmission and distribution structures , lines , equipment and appurtenant facilities within the said Town so as to cause minimum interference with the proper use of streets , alleys and other public ways and to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets , alleys or other public ways and places . 10 . 02 Should it become necessary for the District, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, pavement or any other public or private improvement, the District shall obtain the appropriate permit and shall repair in a workmanlike manner such sidewalk, gravelled or paved street , road, alley, or other public improvement after the installation of its facilities , lines or other structures. 10 . 03 The District shall use due care not to interfere with or damage any sewer mains, electric lines or other structures now or which may hereafter be placed in said streets, alleys or other public places. 10 . 04 If at any time it shall be necessary to change the position of any line or service connection of the District located on public right-of-way to permit the Town to lay, make or -6- change street grades, pavements, sewers , or other town works , such charges shall be made by the Town at its own expense. 10 . 05 The said license and permit shall remain in effect for as long as facilities of the District occupy such areas and such rights shall not expire with this Contract. 10 . 06 The Town shall provide all easements and other necessary permits, licenses or otherwise in order to accomplish and place into effect this agreement. SECTION 11 11 . 01 The District, from time to time, may promulgate such rules , regulations , terms and conditions governing the conduct of its business including the utilization of water and payment therefore , and the interference with, or alteration of any of the District' s property upon the premises of its customers, as shall be necessary to insure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor. 11 . 02 The District shall keep on file in its office in Berthoud, Colorado, available to the public, copies of its rate schedules, standards for service, rules and regulations and service connection and extension policies currently in effect. 11 . 03 The District, or any of its agents, or servants , shall have the right and privilege to enter in and upon the premises of any customer at any and all times for the purpose of carrying out the provisions of this Agreement. 11 . 04 The Town shall not impose or collect any occupancy or license taxes or any other special taxes, assessments or excises upon the facilities, lines or other property of the District either designated as a franchise tax, occupancy tax, license tax, permit charge or inspection charge for meters, lines, or other property of the District or otherwise. SECTION 12 12. 01 The Town shall provide raw water for treatment and delivery by the District under the terms of this agreement. 12. 01. 01 The raw water shall be from the Colorado-Big Thompson project as administered by the Northern Colorado Water Conservancy District. 12. 01 . 02 The amount of water provided by the Town to the District shall be equivalent to 115 percent of the total measured usage by the Town through the meters mentioned on Schedule B attached hereto. 12 . 01 . 03 The Town shall transfer at its sole expense to the District under the terms and bylaws of the Northern Colorado -7- Water Conservancy District the raw water requirements as herein provided on an annual basis. 12. 02 The Town shall retain ownership of such water rights transferred to the District for treatment and delivery, and the Town and the District agree to execute such documents as is necessary and reasonably required in order to effect such transfer. 12 . 03 All charges or assessments imposed by the Northern Colorado Water Conservancy District shall be borne by the Town. 12 . 04 In the event that the amount of water transferred to the District by the Town is not sufficient to satisfy the requirement herein contained, the District shall be given notice of such insufficiency, and the District shall endeavor to give 30 days ' notice of such insufficiency. 12. 04 . 01 If after such notice the Town fails or refuses to provide additional raw water the Town shall pay an additional fee of 20 percent of the charges for the water delivered by the District to the Town under the terms hereof for the water furnished to the Town under the terms of this agreement as provided on Schedule A, attached hereto. 12. 05 The District shall not be required to purchase, rent ft or otherwise acquire any additional raw water that is necessary in order to meet the Town' s service requirements under this agreement. SECTION 13 13 . 01 The parties agree that the Town' s financial participation in District facilities necessary to serve the Town is limited to one hundred-fifty thousand ($150 ,000 . 00) dollars which will be utilized by the District to partially finance the "River Glen Main Extension, " a 10" main approximately 8 , 500 ' in length, located along the section line between Sections 26-27 and 35-36 , Township 4 North, Range 69 West. This construction shall be completed within one (1) year from the date of execution of this Agreement and at the District' s expense. 13 . 02 The payment by the Town shall be in two installments , one in the amount of fifty thousand (50 , 000. 00) dollars upon the execution of this Agreement and the second in the amount of one hundred thousand ($100 ,000 . 00) within ninety days of the execution of this Agreement. 13 . 03 It is understood by the parties that one hundred-twenty thousand ($120 , 000 . 00) dollars of the above mentioned one hundred-fifty thousand ($150 ,000. 00) dollar payment is to be provided through a State Energy Impact Assistance Grant awarded to the Town in 1984 . Therefore it is agreed that if for -8- any reason the entire one hundred-twenty thousand ($120 ,000 . 00) dollars are not transferred by the State to the Town in time for the Town to make the payments specified in this Section, the District will allow the Town an additional ninety (90) days to secure the funds from the State or arrange alternate financing. 13. 04 If for any reason, payment in full is not made by the Town within one hundred-eighty (180) days of the execution of this Agreement, the Town shall pay to the District the amount of fifteen (15%) percent annual interest on the unpaid balance. 13 . 05 In the event this Agreement is terminated at the request of the District, or as a result of the District' s failure to meet its obligations as defined herein, or as a result of non-payment of water user charges, the District agrees to reimburse the Town, at the rate of one thousand two hundred fifty ($1 , 250 . 00) dollars for each month remaining on the initial ten (10) years of the Agreement, less any amount owing for the treatment and delivery of water. SECTION 14 14 . 01 In the event that the Town' s usage exceeds a flow rate of 350 gallons per minute at any time, then the District shall have the option to terminate this Contract, or in the alternative to impose such additional charges on the Town as the District deems necessary in order to compensate it for the additional flow rate. 14 . 02 In the event the District is unable to provide water service to the Town in excess of the limits in this Section 14 , then the Town may secure such additional water service necessary to meet the Town' s needs from another source only after (1) providing a written notice to the District requesting additional service; and (2) the District notifies the Town it is unable to furnish such additional service, or 90 days from the date of the Town' s notice to the District has passed, whichever first occurs; and (3) the Town shall provide to the District sufficient water rights to satisfy the increased needs of the Town as provided herein. SECTION 15 15. 01 The parties agree that the establishment of the minimum rate of pressure shown on Schedule B is solely for the purpose of filling the Town' s existing water storage tank. 15. 02 The parties understand and agree that such minimum pressure is only for domestic water usage and the District is not responsible or liable for fire protection or other uses that require minimum pressure. 15. 03 The parties understand and agree that the Town is responsible for all minimum pressure rates within its system. -9- 10 SECTION 16 16. 01 In the event that it is determined that the Colorado Public Utilities Commission or other governmental authority has jurisdiction over this Contract and the regulation of water service, and it is determined that this Agreement is subject to the approval of such authority or the Colorado Public Utilities Commission, it is agreed that the parties will jointly submit for approval this agreement and any other matter to such authority, or to the Public Utilities Commission. 16 . 02 Pending such required approvals, the parties will act according to the terms of this Agreement and in good faith with respect to its provisions. 16 . 03 The respective parties shall promptly take all necessary action to obtain approvals necessary to consumate this Agreement and render to each other such assistance in cooperation as the parties may reasonably request of the other in order to expeditiously carry out the terms and provisions hereof. SECTION 17 17 . 01 The laws of the State of Colorado shall govern the validity, performance and enforcement of this agreement and venue for all actions shall be in Larimer County. 17 . 02 The invalidity or unenforcibility of any provision of this agreement shall not affect or impair any other provision unless material to the performance of the party. 17 . 03 All negotiations, considerations, representations, and understandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing by the parties. 17 . 04 The Town agrees that the provisions of this agreement may be specifically enforced in a Court of competent jurisdiction, and the Town agrees to pay all costs of such action as actually incurred by the District, including attorney fees. 17 . 05 Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or a partnership or a joint venture between the parties hereto. 17 . 06 whenever herein the singular number is used, the same shall include the plural, and neuter gender and shall include the masculine and feminine genders when the context so requires. 17. 07 The covenants , agreements and obligations herein contained, except as herein otherwise specifically provided, shall extend to, bind, and inure to the benefit of the parties hereto and their respective successors and assigns. -10- `\ 17 . 08 Neither party may assign or transfer all or any part of this agreement without the prior written consent of the non-assigning party. 17 . 09 Any waiver at any time by either party hereto of its rights with respect to a default or any other matter arising in connection with this Contract shall not be deemed to be a waiver with respect to any subsequent default or matter. 17 . 10 Any notice, demand, or request required or authorized by this Contract shall be deemed properly given if mailed, postage pre-paid by first class mail to the District at 307 Welch Avenue , Drawer G, Berthoud, Colorado 80513 , and to the Town at City Hall, Mead, Colorado 80542 . The address may be changed at any time by similar notice. IN WITNESS WHEREOF, the District and the Town have hereunto executed this agreement the day and year first above written. LITTLE THOMPSON WATER DISTRICT ATTE\c;List // ) 1 (x� W \n By: La rp :at PC T:3 ec etary Preside TOWN OF MEAD ATTEST: (�/q /� �_ m (� te, X'�L jf, By: 11K ti-2.A-( ity Clerk U Mayor Q Subscribed and Sworn to under ath before me on the day 1985, by[� Q�fr,,,,as President and( "0 ' " as Secretary of Li e Thompson District. >27 e--"c tary Public yommissiori expires: Ll1r /i- /9E1 , S4ibsctibed and Sworn to under oath before me txn the a4.2day of .107.4/1 , 1985 , byQt%'c?NEY a ?kS as Mayor .4.11O7-i>,Ar.+F • 244Wec; as City Clerk of the Town of Mead, Colorado. ) Notary Public —nt— may My commission expires : Address: E^x.,,_.24 LITTLE THOMPSON WATER DISTRICT June 16 , 1986 Telephone 532-2096 DIRECTORS J S. 307 Welch Avenue Carey id Salomonson. Drawer G President W p� co iii Berthoud,Colorado 80513 Charles Allen WELD MITT MOM Leo Basel IIVaE Pal Dorsey -C7-717- -r 1� • M David McGee � E.Thomas Ricord p / Dean Anderson MANAGER JUN 8 3 " j ! MI' John M.Gruner GREELEY. COLO. MEMORANDUM FOR: Activities and Persons Listed on the attached Distribution List REGARDING: Statement of Purposes for Little Thompson Water District Enclosed please find a copy of the District' s Statement of Purposes which is provided in accordance with Title 32, Colorado Revised Statues . Sincerely yours, \9511}XVIN JO M. GRUNER pager Enclosure 860581 Hello