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HomeMy WebLinkAbout992731.tiff WELD COUNTY COr i229 NOV -11 PM 2= 15 .. ,_ I lECwATD� � ' I_L.J STATE OF COLORADO ) ) SS. COUNTY OF WELD ) EXCLUSION ORDER Larry E. & Charlene K. Baumgartner Lot A, Beg.W1/4 corner of Sec. 21-T1N-63W, S89 degrees 01'29"W 717.38 feet, S45 degrees 00'00"W 1010.96 feet, SOO degrees 11'50"E 702.65 to point of beg., Section 21, Township 1 North, Range 63 West of the 6`h P.M., Weld County, Colorado, 5.785 acres. Also, Lot B, Beg. SW corner, Sec. 21-T1N-R63W, NO0 degrees 11'50" W 820.55 feet, 534 degrees 58'23"E 573.99 feet, S 54 degrees 46'48"E 588.34 feet, S89 degrees 13'33"W 806.89 feet to point of beg., Section 21, Township 1 North, Range 63 West of the 6`h P.M., Weld County, Colorado, 6.286 acres. Also, the South 83.165 acres in the NE1/4, Section 22, Township 1 North Range 63 West of the 6th P.M., Weld County, Colorado, 83.165 acres. The preceding legal parcels to be excluded total 95.236 acres. We, Leroy E. Zimbelman, President, and Lawrence E. Gerkin, Secretary, do hereby certify that we are respectively the President and Secretary of the Board of Directors of the Henrylyn Irrigation District. We further certify that, at a regular meeting of said Board, held in the office of the District at Hudson, Weld County, Colorado, on Tuesday, November 2, 1999, there were present: Leroy E. Zimbelman President Marc D. Sirios Director Kenneth D. Bollers Director Lawrence E. Gerkin Secretary We further certify that at said meeting of said Board of Directors, there was duly and regularly adopted by the affirmative vote of all members of said Board a resolution of which the following is a full, true, and correct copy, towit: . "WHEREAS the following described land, towit, Lot A, Beg. W1/4 corner of Sec. 21-TIN-63W, S89 degrees 01'29"W 717.38 feet, S45 degrees 00'00"W 1010.96 feet, S00 degrees 11'50"E 702.65 to point of beg., Section 21, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, 6.785 acres. Also, Lot B, Beg. SW corner, Sec. 21-T1N-R63 W,N00 degrees 11'50"W 820.55 feet, S34 degrees 58'23"E 573.99 feet, S54 degrees 46'48"E 588.34 feet,S89 degrees 13'33"W 806.89 feet to point of beg., Section 21, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, 6.286 acres. Also the South 83.165 acres in the NE1/4, Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, 83.165 acres. WHEREAS Larry E. & Charlene K. Baumgartner, owners of the above described land, has filed written petition, duly signed and verified by said petitioner, setting forth, among other things, that said land, by reasons of location, cannot be practically irrigated from the present works of the District, and therefore should be excluded, and that the owner of said land, prior to the filing of said petition, paid to the County Treasurer of Weld County all taxes due, other than taxes for irrigation district purposes of said District, together with such penalties or fees as were chargeable thereon, or that if such taxes have not already been paid, the said petitioner shall pay said taxes before this resolution shall take effect; and WHEREAS said petition had been duly set for hearing upon this day, and that the notice of the filing of said petition, and the time and place at which the daid Board of Directors would hear the same, and take evidence in support thereof, and take action thereon, has been duly published and given as provided by law, and the proof thereof filed with this Board, and that the said petition, having at the said time and place duly come to be heard before, and has been heard by, this Board; and WHEREAS the Board having found and decided, as a matter of fact, that the allegations of the petition were sustained by competent and material evidence, and that the said land ought to be excluded from the Henrylyn Irrigation District and relieved from the payment of any outstanding and unpaid assessments for taxes for irrigation district purposes of said District. ]IT IS FURTHER ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that, for the reasons in said petition stated and proven as aforesaid, the hereinabove land be, and it is, hereby excluded from the Henrylyn Irrigation District and relieved from the payment of any unpaid assessments of tax levies for irrigation district purposes of said District, and the same be in all things abated and discharged, and that the said land is not now subject to assessment or taxation for the purposes of said District, and that the inclusion of said land in said Dist5rict be, and the same is, hereby rescinded and cancelled, and that a copy of this resolution, certified by the President and Secretary of this Board, be delivered to the Board of County Commissioners and the County Assessor, of Weld County, Colorado. Notifying them of the action taken by this Board, and that said land has been excluded from said District and it is not now subject to taxation for irrigation district purposes of the Henrylyn Irrigation District, and that the County Assessor be directed to omit said land from any assessment made, or to be made by him for irrigation district purposes of said District, and also that a certified copy of this resolution be filed for record in the office of the Clerk and Recorder of Weld County, Colorado." IN WITNESS WHEREOF we have hereunto subscribes out names and affixed the seal of the District, this the 2"d day of November, 1999 A.D. President ATTEST: eC2ce : Secretary C , STATE OF COLORADO) ) SS. COUNTY OF WELD ) INCLUSION ORDER Larry E. & Charlene K. Baumgartner The South 95.236 acres in the NE1/4, Section 22, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, 95.236 acres. We, Leroy E. Zimbelman, President, and Lawrence E. Gerkin, Secretary, do hereby certify that we are respectively the President and Secretary of the Board of Directors of the Henrylyn Irrigation District. We further certify that, at a regular meeting of said Board, held in the office of the District at Hudson, Weld County, Colorado, on Tuesday, November 2, 1999, there were present: Leroy E. Zimbelman President Marc D. Sirios Director Kenneth D. Bollers Director Lawrence E. Gerkin Secretary We further certify that at said meeting of said Board of Directors, there was duly and regularly adopted by the affirmative vote of all members of said Board, a resolution of which the following is a full, true, and correct copy, towit: "WHEREAS, Larry E. & Charlenesl au ga krtner, owners of a parcel of land being the South 95.236 acres in the NE1/4, Section 22, Township 1 North, Range 63 West of the 6'" P.M., Weld County, Colorado, 95.236 acres, have filed with this Board, a written petition containing all the allegations and averments necessary by law to be contained therein, praying for the inclusion of the above described land in the Henrylyn Irrigation District; and WHEREAS said petition has been duly set for hearing upon this day, and the notice of the filing of said petition, and time and place at which the Board of Directors of the Henrylyn Irrigation District would hear the same and take evidence in support thereof, and take action thereon, has been duly published as provided by law, and the proof thereof filed with this Board, and the petition, having at said time and place duly come to be heard before, and has been heard by, this Board; and WHEREAS, after careful consideration of the evidence before it, the Board did then and there find and determine that it was for the best interest of the District to include said land in, and make same a part of, said District. IT IS THEREFORE ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that for the reason in said petition stated and proven, as aforesaid, that the prayer of the petition for the inclusion of land of said Larry E. & Charlene K. Baumgartner be, and the same is, hereby allowed and granted and that the said hereinabove described land be, and the same is hereby included in and made a part of the Henrylyn Irrigation District, subject to the payment of all assessments or tax levies for the irrigation district purposes of said District, and that in case no protest in writing be filed within thirty days of date, signed by a majority of the legally qualified electors of said District, that a copy of this resolution, certified by the President and the Secretary of this Board, shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado, and also there shall be delivered to the Board of County Commissioners and the County Assessor of Weld County, Colorado, each a copy of this order, notifying them of the action taken by this Board and that said land has been included in said district, and that the County Assessor be directed to include said land in any assessment to be made by him for irrigation district purposes of said District." IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the seal of the District, this 22nd day of November, 1999 A.D. President ATTEST: �o.ryt,L.., sett Secretary Hello