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HomeMy WebLinkAbout991289.tiff RESOLUTION THIS MATTER coming before the Board of Directors of the Henryl4h ' SFi9ation District at its regular monthly meeting held March 2, 1999; 4 AND the Board being duly advised in the premises: NOW HEREBY FINDS THAT: All of Block 75 in the Town of Hudson, 1.60 A.E. of RR exc. RR R/W and Lots 4 to 32, Block 76 in the Town of Hudson, Section 10-1N-65 2.80 A. and Lots 11-12 & 17-18, Block 85 in the Town of Hudson, Section 10-1N-65 .40 A. West, of the 6th P.M. , Weld County, Colorado, for a total of 4.80 acres inasmuch as it is not practical or possible to irrigate said property from the works of the District. FURTHER, the Board finds that it would be in the best interest of the District, and the landowners and members thereof, and the lienholders thereon, if any, that the District should pay the 1999 water assessment and that such land be excluded from the Henrylyn Irrigation District as it is conclusively presumed that such lands are unproductive and unfruitful. NOW THEREFORE, IT IS RESOLVED THAI' the aforementioned property be, and is hereby excluded form the list of District land for all purposes pursuant to C.R.S. §37-41-142(2) . IN WITNESS WHEREOF the Board of Directors of the Henrylyn Irrigation District place their hands and seals, nunc pro tunc March 2, 1999.e .LEROY E. MBE , President & Director SEdBRADLEY ROCK, Director 1,C 4422,r4 MARC D. IOS, Director LAWRENCE E. GERKIN, Secretary/Manager Published in The South Weld Sun, March 18, 25, and April 1, 1999. 991289 h ,tom"_—1 I STATE OF COLORADO ) SS. COUNTY OF WELD EXCLUSION ORDER Dechant Farms Partnership (Badding) Lot B , that part of the NE1/4 of Section 30, Township 2 North, Range 64 West described as follows : beginning at the East 1/4 corner of said Section 30; thence N 00 degrees 24' 3"1 W on an assumed bearing along the easterly line of said Northeast 1/4 of Section 30 a distance of 575. 00 feet, thence S 89 degrees 35' 28" W a distance of 30. 00 feet ; thence S 45 degrees 00' 0011 W a distance of 810. 54 feet to the southerly line of said Northeast 1/4 of Section 30; thence S 89 degrees 50 ' 4411 E along said southerly line of the Northeast 1/4 of Section 30 a distance of 607. 24 feet to the point of beginning, Section 30, Township 2 North, Range 64 West of the 6th R. M. , Weld County, Colorado, 4. 203 acres. And also : All irrig. land in S1/2SW1/4, Section 19, Township 2 North, Range 64 West of the 6th P. M. , Weld County, Colorado, 70. 00 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, May 4, 1999, there were present : Leroy E. Zimbelman President. Bradley A. Rock Director. Marc D. Sirios 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 B, that part of the NE1/4 of Section 30, Township 2 North, Range 64 West described as follows : beginning at the East 1/4 corner of said Section 30: thence N 00 degrees 24' 32" W on an assumed bearing along the easterly line of said Northeast 1 /4 of Section 30 a distance of 575. 00 feet, thence S 89 degrees 35' 28" W a distance of 30. 00 feet ; thence S 45 degrees 00' 00" W a distance of 810. 54 feet to the southerly line of said Northeast 1/4 of Section 30; thence S 89 degrees 50' 44" E along said southerly line of the Northeast 1/4 of Section 30 a distance of 607. 24 feet to the point of beginning, Section 30, Township 2 North, Range 64 West of the 6th P. M. , Weld County, Colorado, 4. 203 acres. And also : All irrig. land in S1/2SW1/4, Section 19, Township 2 North, Range 64 West of the 6th P. M. , Weld County, Colorado, 70. 00 acres. WHEREAS DeChant Farms Partnership (Badding) , owner 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 has been duly set for hearing upon this day, and that the notice of the filing of said petition, and the time and place at which the said Board of Directors would hear the same, and take evidence in support thereof, and take action thereon, has been duly published and given as provided by law, and the proof thereof filed with this Board, and that the said petition, having at the said time and place duly come to be heard before, and has been heard by, this Board; and WHEREAS the Board having found and decided, as a matter of fact, that the allegations of the petition were sustained by competent and material evidence, and that the said land ought to be excluded from the Henrylyn Irrigation District and relieved from the payment of any outstanding and unpaid assessments for taxes for irrigation district purposes of said District. IT IS FURTHER ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that, for the reasons in said petition stated and proven as aforesaid, the hereinabove land be, and it is, hereby excluded from the Henrylyn Irrigation District and relieved from the payment of any unpaid assessments of tax levies for irrigation district purposes of said District, and the same be in all things abated and discharged, and that the said land is not now subject to assessment or taxation for the purposes of said District, and that the inclusion of said land in said District be, and the same is, hereby rescinded and cancelled, and that a copy of this resolution, certified by the President and Secretary of this Board, be delivered to the Board of County Commissioners and the County Assessor, of Weld County, Colorado, notifying them of the action taken by this Board, and that said land has been excluded from said District and it is not now subject to taxation for irrigation district purposes of the Henrylyn Irrigation District, and that the County Assessor be directed to omit said land from any assessment made, or to be made by him for irrigation district purposes of said District, and also that a certified copy of this resolution be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. " IN WITNESS WHEREOF we have hereunto subscribed our names and affixed the seal of the District, this the 4th d of May , 1999 A. D. Presiders ATTEST: Secretary. STATE OF COLORADO ) SS. COUNTY OF WELD ) EXCLUSION ORDER Boyd A. & Helen A. Arnold S1/2SE1/4 (exc. SE1/4SE1/4SE1/4) , Section 14, Township 2 North, Range 64 West of the 6th P. M. , Weld County, Colorado, 70. 00 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, May 4, 1999, there were present : Leroy E. Zimbelman President. Bradley A. Rock Director. Marc D. Sirios 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, S1 /25E1/4 (exc. SE1/45E1/4SE1/4) , Section 14, Township 2 North, Range 64 West of the 6th P. M. , Weld County, Colorado, 70. 00 acres. WHEREAS Boyd A. & Helen A. Arnold, owner 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 has been duly set for hearing upon this day, and that the notice of the filing of said petition, and the time and place at which the said Board of Directors would hear the same, and take evidence in support thereof, and take action thereon, has been duly published and given as provided by law, and the proof thereof filed with this Board, and that the said petition, having at the said time and place duly come to be heard before, and has been heard by, this Board ; and WHEREAS the Board having found and decided, as a matter of fact, that the allegations of the petition were sustained by competent and material evidence, and that the said land ought to be excluded from the Henrylyn Irrigation District and relieved from the payment of any outstanding and unpaid assessments for taxes for irrigation district purposes of said District. IT IS FURTHER ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that, for the reasons in said petition stated and proven as aforesaid, the hereinabove land be, and it is, hereby excluded from the Henrylyn Irrigation District and relieved from the payment of any unpaid assessments of tax levies for irrigation district purposes of said District, and the same be in all things abated and discharged, and that the said land is not now subject to assessment or taxation for the purposes of said District, and that the inclusion of said land in said District be, and the same is, hereby rescinded and cancelled, and that a copy of this resolution, certified by the President and Secretary of this Board, be delivered to the Board of County Commissioners and the County Assessor, of Weld County, Colorado, notifying them of the action taken by this Board, and that said land has been excluded from said District and it is not now subject to taxation for irrigation district purposes of the Henrylyn Irrigation District, and that the County Assessor be directed to omit said land from any assessment made, or to be made by him for irrigation district purposes of said District, and also that a certified copy of this resolution be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. " IN WITNESS WHEREOF we have hereunto subscribed our names and affixed the seal of the District, this the 4th d y of May . , 1999 A. D. Pre ident ATTEST; JJ Secretary. STATE OF COLORADO ) SS. COUNTY OF WELD EXCLUSION ORDER Diane J. & Jack E. Goble Pt N1/2 Sec. 26-2-63 7. 05 acres beginning NW corner Sec 2392' to true POB S715' S89D10' E435. 31' N01D48' E 721. 60' to N LN W204. 30' Cont W253. 70' to true POB Lot A Amd Rec Exempt Re-1532, Section 26, Township 2 North, Range 63 West of the 6th P. M. , Weld County, Colorado, 7. 05 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, May 4, 1999, there were present : Leroy E. Zimbelman President. Bradley A. Rock Director. Marc D. Sirios Director. Lawrence E. Gerkin Secretary. We further certify that at said meeting of said Board of Directors, there was duly and regularly adopted by the affirmative vote of all members of said Board a resolution of which the following is a full, true, and correct copy, towit : "WHEREAS the following described land, towit, Pt N1/2 Sec. 26-2-63 7. 05 acres beginning NW corner Sec. 2392' to true POB S715' S89D 10' E435. 31' N01 D48' E721. 60' to N LN W204. 30' Cont W253. 70' to true POB Lot A Amd Rec Exempt Re-153`, Section 26, Township 2 North, Range 63 West of the 6th P. M. , Weld County, Colorado, 7. 05 acres. WHEREAS Diane J. & Jack E. Goble, owner 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 has been duly set for hearing upon this day, and that the notice of the filing of said petition, and the time and place at which the said Board of Directors would hear the same, and take evidence in support thereof, and take action thereon, has been duly published and given as provided by law, and the proof thereof filed with this Board, and that the said petition, having at the said time and place duly come to be heard before, and has been heard by, this Board ; and WHEREAS the Board having found and decided, as a matter of fact, that the allegations of the petition were sustained by competent and material evidence, and that the said land ought to be excluded from the Henrylyn Irrigation District and relieved from the payment of any outstanding and unpaid assessments for taxes for irrigation district purposes of said District. IT IS FURTHER ORDERED, by the Board of Directors of the Henrylyn Irrigation District, that, for the reasons in said petition stated and proven as aforesaid, the hereinabove land be, and it is, hereby excluded from the Henrylyn Irrigation District and relieved from the payment of any unpaid assessments of tax levies for irrigation district purposes of said District, and the same be in all things abated and discharged, and that the said land is not now subject to assessment or taxation for the purposes of said District, and that the inclusion of said land in said District be, and the same is, hereby rescinded and cancelled, and that a copy of this resolution, certified by the President and Secretary of this Board, be delivered to the Board of County Commissioners and the County Assessor, of Weld County, Colorado, notifying them of the action taken by this Board, and that said land has been excluded from said District and it is not now subject to taxation for irrigation district purposes of the Henrylyn Irrigation District, and that the County Assessor be directed to omit said land from any assessment made, or to be made by him for irrigation district purposes of said District, and also that a certified copy of this resolution be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. " IN WITNESS WHEREOF we have hereunto subscribed our names and affixed the seal of the District, this the 4th day of May . , 1999 A. D. 16- R side ATTEST: Secretary. STATE OF COLORADO) SS. COUNTY OF WELD INCLUSION ORDER Boyd A. & Helen A. Arnold S 77. 05 acres of S1/`SE1/4 (exc. SE1/4SE1/4SE1/4) , Section 14, Township 2 North, Range 64 West of the 6th P. M. , Weld County, Colorado, 77. 05 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, May 4 , 1999, there were present : Leroy E. Zimbelman President. Marc D. Sirios Director. Bradley A. Rock 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, Boyd A. & Helen A. Arnold, owners of a parcel of land being the S 77. 05 acres of S1 /ESE1/4 (exc. SE1/4SE1/4SE1/4) , Section 14, Township North, Range 64 West of the 6th P. M. , Weld County Colorado, 77. 05 acres, have filed with this Board, a written petition containing all the allegations and avernments 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 Boyd A. & Helen A. Arnold 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 4th day of May , 1999 A. D. President. ATTEST: Secretary. STATE OF COLORADO) S5. COUNTY OF WELD INCLUSION ORDER DeChant Farms Partnership S 78. 389 acres in SE1 /4, Section 19, Township ` North, Range 64 West of the 6th P. M. , Weld County, Colorado, 78. 389 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, May 5 , 1999, there were present : Leroy E. Zimbelman President. Marc D. Sirios Director. Bradley A. Rock 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, DeChant Farms Partnership, owners of a parcel of land being the S 78. 389 acres in SE1/4, Section 19, Township 2 North, Range 64 West of the 6th P. M. , Weld County Colorado, 78. 389 acres, have filed with this Board, a written petition containing all the allegations and avernments 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 DeChant Farms Parntership 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 4th day of May , 1999 A. D. Pre i ent ATTEST: Secretary. Hello