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Home My WebLink AboutR86-051 Pilgrim Downs local improvement districtCommissioner Gustafson moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86---5-/ DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF EAGLE COUNTY, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIG- NATED AS THE PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1, ADOPTING DETAILS AND SPECIFICATIONS THEREFOR, AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the Board of County Commissioners has determined that it is necessary to create a local improvement district and to construct certain street and drainage improvements therein, within an unincorporated area within Eagle County, all as hereinafter described in this resolution; and WHEREAS, in accordance with Section 30 -20- 603(2), C.R.S., as amended, any local improvement may be initiated directly by the Board of County Commissioners, by resolution declaring its intention to construct the improvements; and WHEREAS, in accordance with Title 30, Article 20, Part 6, C.R.S., it is necessary that a preliminary order be made, adopting full details and specifications, describing the materials to be used, determining the number of installments and the time in which the cost of the improvements shall be payable, the rate of interest to be paid on unpaid and deferred install- ments, the property to be assessed for the cost of the improve- 1 ments, estimate of cost and a schedule showing the approximate amounts to be assessed on the lots and parcels of property within the district; and WHEREAS, this resolution shall constitute the preliminary order required by law; and WHEREAS, the Board of County Commissioners shall consider all protests and objections that may be made in connection with the proposed improvements, before ordering the construction thereof; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: 1. That the Board of County Commissioners of Eagle County does hereby declare its intention to create a local improvement district within the County, for the construction and installation of the improvements more particularly described in this resolution. 2. That the Engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and schedules prepared and filed with the County Clerk be and the same are hereby approved and adopted by the Board of County Commissioners for use in the construction of the improvements to be made in the proposed improvement district. 3. That the materials to be used in constructing the proposed improvements are stated in the notice hereinafter set forth. 2 4. That the assessments to be levied for the improvements shall be due and payable within thirty days after the effective date of the assessing resolution. However, all such assessments may be paid, at the election of the owner, in twenty (20) equal annual installments of principal with interest on unpaid installments at such rate as shall later be determined by the Board of County Commissioners and set forth in the assessing resolution, but not exceeding 14.50%. The first of said installments of assessment shall be due and payable at such time as will be indicated in the assessing resolution and the remainder of the annual installments of assessment and semiannual payments of interest shall be due and payable successively on the same days in each year thereafter until all are paid in full. 5. That the property to be assessed for said improvements shall be the property specially benefited by said improvements and more particularly described in the notice. 6. The County Clerk shall give notice of the hearing on the construction of the improvements by publication in one issue of the Eagle Valley Enterprise, a newspaper of general circulation in the County, the publication to be not less than thirty (30) days prior to the date of hearing. In addition, the notice, being a brief written synopsis of the proposed improve- ments pursuant to Section 30- 20- 603(2)(b), C.R.S., as amended, shall be delivered or mailed by first -class mail to each property owner to be assessed for the cost of the improvements who is included within the proposed district. The delivered or mailed 3 notice shall be made not less than ten (10) days before the hearing. Said Notice shall be in substantially the following form: NOTICE OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN EAGLE COUNTY, COLORADO, TO BE KNOWN AS PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN STREET AND DRAINAGE IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS, FOR THE LOTS AND PARCELS OF LAND DESCRIBED THEREIN, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that the Board of County Commissioners of Eagle County, Colorado has adopted a resolution declaring its intention to create a local improvement district within an unincorporated area of Eagle County, Colorado, to be designated as Pilgrim Downs Improvement District No. 1986 -1, for the purpose of constructing and install- ing certain street and drainage improvements therein, together with any necessary incidentals, and to assess the cost of the improvements against the property specifically benefited by the improvements, all in accordance with the laws of the State of Colorado. 1. All persons are further notified that the kind of improvements proposed and the property to be specifically benefited and assessed for the costs of the improvements are as follows: The improvements proposed include the following street and drainage improvements to County Road No. 25A, being West Lake Creek Road from its intersection with Lake Creek Road to the entrance of Pilgrim Downs, a distance of approximately 8,425: a. Regrading of streets b. Culvert and road ditches for drainage control C. Sub -base and base course aggregate d. Pavement, consisting of 2 -11' driving lanes of a hot bituminous asphalt mat; such mat shall be 3" in depth from Lake Creek Road to Polar Star Drive and 211 in depth from Polar Star Drive to the entrance of Pilgrim Downs. The district shall consist of the following lots or tracts of land: See Exhibit "A" attached hereto and made a part hereof by this reference. 2. The area to be included within the district and to be assessed with the cost of the improvements shall include all lot and tracts of land which are included within the description set forth above. 3. The assessment for said improvements may be paid in twenty (20) equal annual installments with interest payable annually. 4. The assessment will be due and payable without demand within thirty days from and after the final publication of a resolution assessing the whole cost of said improvements against the real property in the district. In the event any owner of real property shall fail to pay the whole of such assessment against his property within thirty days, then the whole cost of the improvements so assessed against his property shall be payable in not more than ten equal annual installments of principal, as aforesaid. The first of such installments of assessments shall be due and payable at such time as may be determined in an by the assessing resolution, and the remainder of said installments shall be due and payable successively on the same day in each year thereafter until all are paid in full. 5. The rate of interest to be paid on unpaid and deferred installments shall be later determined by the Board of County Commissioners and set forth in the assessing resolution, but shall not exceed 14.50 %. 6. As shown by the estimates of the Engineer, the probable total cost of the improvements is approximately One Hundred Forty Six Thousand Four Hundred Dollars ($146,400). The costs of the improvements shall be assessed against the property in the district equally on a per lot basis against all lots or tracts of land within the district, which amount is estimated to be Six Thousand One Hundred Dollars ($6,100) per lot, excluding financing charges. It is anticipated that Eagle County will pay part of the cost of the improvements to the extent actual costs exceed One Hundred Twenty Three Thousand Nine Hundred Seventy Dollars ($123,970) and except to the extent an assessment is made against property owned by the County. All estimates exclude 6% for costs of inspection, collection and incidentals and also exclude interest on any bonds to the time the first installment of the assessment is h t made payable in such statement apportioning the total costs, as provided by law. Property owners are specifically referred to the schedule of estimated proposed assessments on file in the office of the County Clerk from which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Upon completion of said improvements, or as soon as the total costs thereof is definitely ascertained, such cost shall be apportioned to the property in the district. Notice of such apportionment shall be given and a hearing will be held prior to the adoption of a resolution assessing such cost, all as provided by law. 7. Not less than 30 days after publication of this Notice, a resolution authorizing said improvements will be considered by the Board of County Commissioners, to -wit: On Monday, the 28th day of July, 1986, at or at an adjourned meeting thereafter, at the County Courthouse, in Eagle, Colorado. 8. A map, estimate and schedule showing the approximate amount to be assessed and all resolutions and proceedings are on file and can be seen and examined by any person at the office of the County Clerk at any time during business hours on or before the date referred to in paragraph 7. 9. All complaints and objections that may be made in writing to the Board of County Commissioners and filed in the office of the County Clerk of Eagle County, Colorado within twenty (20) days from the date of publication of this Notice, concerning the proposed improvements by the owner or owners of any real property to be assessed, will be heard and determined by the Board of County Commissioners at the meeting specified above, or at some adjournment thereof, before final action shall be taken. /s/ Johnnette Phillips Clerk Published in the Eagle valley Enterprise Publish on: June 26, 1986 C l 7. All resolutions, or parts thereof, in conflict with the provisions hereof, be and the same are hereby repealed. 8. That this Resolution, immediately upon its passage, shall be recorded in the Book of Resolutions of the County kept for that purpose and shall be authenticated by the signatures of the Board of County Commissioners and the County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eag , State of Colorado, at its regular meting held the 14 day of , 1986. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners ATTEST: By: d N %�GGLev BY: Clerk to t1rd Board of Don d�H. Welch,'Chairman County Commissioners By:.( /lid 415` Richard Il Gust son, Commissi�ne� n By: -- John F. Lough an, Commissioner Commissioner Loughran seconded adoption of the foregoing resolu- tion. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Aye Commissioner Richard L. Gustafson Aye Commissioner John F. Loughran Aye This Resolution passed by unanimous vote of the Board of County Commissioners of County of Eagle, State of Colorado. 7 i a EXHIBIT "A" LEGAL DESCRIPTION PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1 Lots 1 through 18, Pilgrim Downs Sub - division filings 1 through 6, all as recorded in the Clerk and Recorder's Office for Eagle County, Colorado, and two lots 19 and 20, Pilgrim Downs Filing No. 7 which filing has received preliminary approval, with final approval pending before the Board of County Commis- sioners of Eagle County, east 1/2 of Lot 11, Colorow Subdivision as recorded in the Clerk and Recorder's Office for Eagle County, Colorado and also Pilgrim Downs Phase II, consisting of: A parcel of land located in Tract 59 and Section 13, Township 5 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel being more particularly described, with all bearings contained herein based on a bearing and distance of N.0 10 58123"W. 1302.44 feet between Corner No. 5 of said Tract 59, a brass cap monument found in place and the Southeast Corner of Section 13, being the same as the Southwest Corner of Section 18, Township 5 South, Range 82 West, a brass cap monument found in place, as follows: Beginning at Corner No. 8 of said Tract 59, being the same as the Northeast Corner of Lot 8 of the Amended Plat of Colorow at Squaw Creek as recorded in Book 313 at Page 470 of the Eagle County Records, from which said Corner No. 5 of Tract 59 bears S.01 058122 11E. 1303.32 feet distant; thence along the North line of said Lot 8, N.89 042152 "W. 1314.54 feet to Corner N0.7 of said Tract 59, said corner being on the East line of Lot 7 of the Amended Plat of Colorow at Squaw Creek; thence along said Easterly line N.01 045143 11W. 1307.75 feet to the Northeast Corner of Lot 6 of said Amended Plat of Colorow at Squaw Creek; thence departing said amended Colorow at Squaw Creek boundary N.01 045143 "W. 187.10 feet; thence 5.89 042152 11E. 1309.31 feet to a point on the East line of said Section 13, said point also being on the West line of Section 18 of Township 5 South, Range 82 West; thence along said East line of said Section 13, also being the West line of said Section 18, 5.02 005'31 "E. 188.01 feet to Corner No. 1 of said Tract 59, a brass cap monument found in place; thence continuing along said East line of Section 13 S.01 056136 11E. 6.13 feet to the Northwest Corner of the Southwest Quarter of the Southwest Quarter of said Section 18, a rebar and aluminum cap; thence continuing along said East line of Section 13, S.01 056136 "E. 1300.91 feet to the point of beginning. Said parcel contains 45.000 acres, more or less and contains three (3) lots.