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Home My WebLink About2021-086-09/21/2021-CONSENTING TO THE DISSOLUTION OF WATERFIELD METROPOLITAN DISTRICT NOS. 1-31 1988.1900; 1115158 JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE WATERFIELD METROPOLITAN DISTRICT NOS. 1-3 APPROVING THE DISSOLUTION OF THE WATERFIELD METROPOLITAN DISTRICT NOS. 1-3 ___________________________________ WHEREAS, pursuant to orders and decrees of the District Court in and for Larimer County, Colorado, the Waterfield Metropolitan District Nos.1-3 (the “Districts”) were duly and validly organized as metropolitan districts in accordance with all applicable law; and WHEREAS, the Districts operate pursuant to a service plan approved by the City of Fort Collins, Colorado on September 18, 2018 (the “Service Plan”); and WHEREAS, pursuant to Section 32-1-1001(1)(h), C.R.S., the Boards of Directors of the Districts (the “Boards”) shall have management, control, and supervision of all business affairs of the Districts; and WHEREAS, pursuant to Section 32-1-701(1), C.R.S., whenever the majority of all the members of the Boards deem it to be in the best interest of the Districts that they be dissolved, the Boards shall file a petition for dissolution with the court; and WHEREAS, the Districts encompass territory located wholly within the City of Fort Collins, Colorado (the “City”) as described and set forth on Exhibit A (the “Property”); and WHEREAS, the Boards have determined that since no debt is intended to be issued by the Districts, the purpose for which the Districts were created will not be accomplished; and WHEREAS, the Districts do not have any outstanding indebtedness or other financial obligations; and WHEREAS, the Districts have never provided any services pursuant to their Service Plan and the Districts have no assets; and WHEREAS, a majority of all of the members of the Boards deem it to be in the best interests of the Districts that they be dissolved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARDS OF DIRECTORS OF THE DISTRICTS AS FOLLOWS: 1.Declaration to Dissolve. The Boards hereby find and determine it to be in the best interests of the Districts that they be dissolved. The foregoing statement is being given in compliance with § 32-1-701(1), C.R.S. EXHIBIT A 2 1988.1900; 1115158 2. Petition for Dissolution. The Districts’ general counsel, WHITE BEAR ANKELE TANAKA & WALDRON (the “Legal Counsel”), is hereby directed to prepare such Petition for Dissolution pursuant to § 32-1-702(1), C.R.S. (the “Petition”), and to file such Petition with the District Court in and for Larimer County, Colorado, as may be necessary to effectuate the dissolution of the Districts, and to prepare any and all other documentation and undertake any and all actions necessary to effectuate the dissolution of the Districts pursuant to Colorado law. 3. Plan for Continuation of Services. The Boards hereby find and determine that the Districts provide no services within their boundaries and all services authorized to be provided by the Districts are provided by the City, or other jurisdiction, and as a result, no plan for the continuation of the Districts’ services is necessary. 4. Financial Certificate. The Boards hereby find and determine that due to all financial obligations of the Districts having been paid by the Developer since organization, and having never opened a bank account on behalf of the Districts, the Districts do not have any financial obligations or outstanding bonds, and the financial certificate given in accordance with § 32-1-702(3)(a), C.R.S. is attached hereto and incorporated herein as Exhibit B. 5. Authority of Legal Counsel. The Districts’ Legal Counsel shall have the power and authority to execute any and all documents necessary to effectuate the Districts’ dissolution, and to take any and all actions necessary to effectuate the Districts’ dissolution. Legal Counsel shall act in the same capacity and with the same authority as the Districts’ Boards of Directors in order to effectuate the Districts’ dissolution. [Remainder of Page Intentionally Left Blank. Signature Page Follows.] EXHIBIT A EXHIBIT A EXHIBIT A (The Property) EXHIBIT A A REPLAT OF A PORTION OF WATERFIELD THIRD FILING, TRACT A, WATERFIELD P.U.D. FIRST FILING AND PORTIONS OF VACATED TIMBERLINE ROADS, LOCATED IN THE WEST HALF OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68, WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. Recorded with Larimer County, CO at Reception No. 20210020155 EXHIBIT A OVERALL DISTRICT BOUNDARY E VINE DR SOUTHWEST CORNER SECTION 5-T7-R68W WEST QUARTER CORNER SECTION 5-T7N-R68W N TIMBERLINE RDDISTRICT 1 44,969 sq.ft. 1.03 ac DISTRICT 1 BOUNDARY THRIVE - WATERFIELD METROPOLITAN DISTRICT FORT COLLINS COLORADO E N G I N E E R N GI EHTRON RN DESCRIPTION DRAWN BY DATE PROJECT 1496-001 EXHIBITSCALEDRAWN BY C. Snowdon DATE August 27, 2018 FORT COLLINS: 301 North Howes Street, Suite 100, 80521 GREELEY: 820 8th Street, 80631 970.221.4158 northernengineering.com DISTRICT 1 AREA BOUNDARY MAP 1" = 400' B-1 ( US SURVEY FEET ) 1 inch = ft. Feet0 NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. 400 400400 EXHIBIT A N TIMBERLINE RDOVERALL DISTRICT BOUNDARY E VINE DR SOUTHWEST CORNER SECTION 5-T7-R68W WEST QUARTER CORNER SECTION 5-T7N-R68W DISTRICT 2 3,960,783 sq.ft. 90.93 ac THRIVE - WATERFIELD METROPOLITAN DISTRICT FORT COLLINS COLORADO E N G I N E E R N GI EHTRON RN DESCRIPTION DRAWN BY DATE PROJECT 1496-001 EXHIBITSCALEDRAWN BY L. Smith DATE December 2019 FORT COLLINS: 301 North Howes Street, Suite 100, 80521 GREELEY: 820 8th Street, 80631 970.221.4158 northernengineering.com DISTRICT 2 AREA BOUNDARY MAP 1" = 400' B-2 ( US SURVEY FEET ) 1 inch = ft. Feet0 NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. 400 400400 EXHIBIT A OVERALL DISTRICT BOUNDARY E VINE DR SOUTHWEST CORNER SECTION 5-T7-R68W WEST QUARTER CORNER SECTION 5-T7N-R68W N TIMBERLINE RDDISTRICT 3 44,969 sq.ft. 1.03 ac DISTRICT 3 BOUNDARY THRIVE - WATERFIELD METROPOLITAN DISTRICT FORT COLLINS COLORADO E N G I N E E R N GI EHTRON RN DESCRIPTION DRAWN BY DATE PROJECT 1496-001 EXHIBITSCALEDRAWN BY L. Smith DATE December 2019 FORT COLLINS: 301 North Howes Street, Suite 100, 80521 GREELEY: 820 8th Street, 80631 970.221.4158 northernengineering.com DISTRICT 1 AREA BOUNDARY MAP 1" = 400' B-3 ( US SURVEY FEET ) 1 inch = ft. Feet0 NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. 400 400400 EXHIBIT A 5 EXHIBIT B (Certificate – No Financial Obligations or Outstanding Bonds) EXHIBIT A 1988.1900; 1151814 FINANCIAL CERTIFICATE REGARDING THE DISSOLUTION OF WATERFIELD METROPOLITAN DISTRICT NOS. 1-3 1. We, the undersigned officers of the Boards of Directors of Waterfield Metropolitan District Nos. 1-3, hereby certify and affirm that we have been closely involved in the financial affairs of Waterfield Metropolitan District Nos. 1-3. 2. We hereby further certify that, as of the date of execution of this Financial Certificate, Waterfield Metropolitan District Nos. 1-3 have no assets of any form, no outstanding financial obligations that require repayment, and no outstanding bonds or other form of outstanding indebtedness. Dated this 10th day of September, 2021. WATERFIELD METROPOLITAN DISTRICT NOS. 1-3 By: President Attest: By: Matt Childers (Sep 10, 2021 11:46 MDT) Matt Childers JD Padilla Pres. (Sep 10, 2021 12:25 MDT) JD Padilla Pres. EXHIBIT A