No preview available
HomeMy WebLinkAboutR86-064 creating Pilgrim Downs LIDCommissioner Gustafson moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86 -_6� A RESOLUTION CREATING THE PILGRIM DOWNS LOCAL IMPROVE- MENT DISTRICT NO. 1986 -1, IN THE COUNTY OF EAGLE, STATE OF COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION THEREIN OF CERTAIN STREET AND DRAINAGE IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND PROVIDING FOR OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the Board of County Commissioners of Eagle County, Colorado, pursuant to Section 30 -20 -601, et seq., C.R.S., as amended, and all other laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of a local improvements district within Eagle County, to be designated as the Pilgrim Downs Local Improvement District No. 1986 -1, and the construction and installation therein of certain improvements; and WHEREAS, notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been given by publication in one issue of the Eagle Valley Enterprise, a newspaper of general circula- tion in the County, not less that thirty, (30) days prior to the date of hearing, and in addition, notice was delivered or mailed by certified mail return receipt requested to each property owner to be assessed for the cost of improvements and included within the proposed district not less that ten (10) days prior to the hearing; and WHEREAS, at the time and place set forth in the notice, the Board of County Commissioners met in open session for the purpose of hearing any objections or protests that might be made 14 against the proposed district or the improvements to be con- structed or installed;. and WHEREAS, the Board of County Commissioners considered all protests and objections to the creation of the District; and WHEREAS, all objections and complaints having been duly heard and considered, the Board of County Commissioners has determined that such objections should be denied; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: Section 1. Denial of Protests and Objection. The protests and objections to the creation of the District are hereby denied. Section 2. Creation of District. A local improvement district for the construction and installation of certain street and drainage improvements, together with any necessary incidental as hereinafter described, is hereby created and established in accordance with Section 30 -20 -601, est seq., C.R.S., as amended, and all other laws of the State of Colorado thereunto enabling,and shall be known and designated as the "Pilgrim Downs Local Improvement District No. 1986 -1" (the "District ") . All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. The proposal to create said District was properly initiated by the Board of County Commissioners by an order adopted June 16, 1986, and notice duly given as heretofore stated. Section 3. Approval of Engineering Plans. The engi- neer's reports, together with all of the details, specifications, estimates, maps, and schedules thereto attached or appended, are hereby approved and adopted. Section 4. Boundary of District. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall include all lots and tracts of land within the description set forth in Exhibit "A" attached hereto and made a part hereof by 15 this reference. Section 5. Description of Improvements. Improvements proposed include the following street and drainage improvements to County Road No. 25A, being West Lake Creek Road form its intersection with Lake Creek Road to the entrance of Pilgrim Downs, a distance of approximately 8,425 feet: 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 311 in depth from Lake Creek Road to Polar Star Drive and 2" in depth from Polar Star Drive to the entrance of Pilgrim Downs. Section 6. Improvements Authorized. The construction and installation of the improvements in and for the District, as shown by the plans, specifications, and maps thereof, prepared by the Engineer and approved by the Board of County Commissioners of Eagle County and now on file in the office of the County Clerk, is hereby authorized and ordered, the materials to be used in the cons Lruction of said improvements to be in accordance with such maps, plans and specifications. Section 7. Cost of Improvements. 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 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 Forty Six Thousand Four Hundred Dollars ($146,400) and to the extent an assessment is made against property owned by the County. 16 All estimates exclude 6% for costs of inspection, collection and incidentals and also exclude interest on any notes to the time the first installment of the assessment is made payable in such statement apportioning the total costs, as provided by law. Section 8. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) 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 the real property shall fail to pay the whole of such assessment against his property within thirty (30) days, then the whole cost of the improvements so assessed against his property shall be payable in not more than nine 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 and by the assessing resolution, and the remainder of said installments shall be due and payable successively on the same days in each year thereafter until all are paid in full. 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-%- Section 9. Local Improvement Notes. By virtue of and pursuant to the laws of the State of Colorado, local improvement notes of the County shall be issued for the purpose of paying for the local improvements described in this Resolution, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, and capitalized interest, as provided by law. The notes shall be issued based upon estimates approved by the Board of County Commissioners, and as authorized by a Resolution to be passed by the Board at a later date. The maximum net effect interest rate of the local improvement notes for the Pilgrim Downs Local Improvement District No. 1986 -1 shall not exceed 14.50% per annum. The notes and the interest thereon shall be payable out of special assessments to be levied against the real property 17 • } 3 All estimates exclude 6% for costs of inspection, collection and incidentals and also exclude interest on any notes to the time the first installment of the assessment is made payable in such statement apportioning the total costs, as provided by law. Section 8. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) 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 the real property shall fail to pay the whole of such assessment against his property within thirty (30) days, then the whole cost of the improvements so assessed against his property shall be payable in not more than nine 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 and by the assessing resolution, and the remainder of said installments shall be due and payable successively on the same days in each year thereafter until all are paid in full. 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-%- Section 9. Local Improvement Notes. By virtue of and pursuant to the laws of the State of Colorado, local improvement notes of the County shall be issued for the purpose of paying for the local improvements described in this Resolution, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, and capitalized interest, as provided by law. The notes shall be issued based upon estimates approved by the Board of County Commissioners, and as authorized by a Resolution to be passed by the Board at a later date. The maximum net effect interest rate of the local improvement notes for the Pilgrim Downs Local Improvement District No. 1986 -1 shall not exceed 14.50% per annum. The notes and the interest thereon shall be payable out of special assessments to be levied against the real property 17 included within the District and specially benefited by the improvements to be constructed and installed. Section 10. Determination of Special Benefits. The Board of County Commissioners hereby finds and determines that the improvements proposed to be constructed and installed will confer special benefits upon the property within the District in amounts not less than the amounts of the assessments.. Section 11. Repealer. All resolutions, or parts thereof in conflict herewith are hereby repealed. Section 12. Recording. 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 Chairman of the Board of County Commis- sioners and the County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 28th day of July, 1986. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners By. By: Clerk to the Board of Donald H. W�el =oh, hairman County Commissioners M 3 included within the District and specially benefited by the improvements to be constructed and installed. Section 10. Determination of Special Benefits. The Board of County Commissioners hereby finds and determines that the improvements proposed to be constructed and installed will confer special benefits upon the property within the District in amounts not less than the amounts of the assessments.. Section 11. Repealer. All resolutions, or parts thereof in conflict herewith are hereby repealed. Section 12. Recording. 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 Chairman of the Board of County Commis- sioners and the County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 28th day of July, 1986. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its Board of County Commissioners By. By: Clerk to the Board of Donald H. W�el =oh, hairman County Commissioners M s 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. FIG: 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. FIG: 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.O1058123 "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.O1058122 "E. 1303.32 feet distant; thence along the North line of said Lot 8, N.89042152 11W. 1314.54 feet to Corner No.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.O1045143 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.O1045143 11W. 187.10 feet; thence S.89042152 "E. 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, S.02005'31 "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.O1056'36 "E. 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.O1056136 "E. 1300.91 feet to the point of beginning. Said parcel contains 45.000 acres, more or less and contains three (3) lots. all 3 n 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.O1058123 "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.O1058122 "E. 1303.32 feet distant; thence along the North line of said Lot 8, N.89042152 11W. 1314.54 feet to Corner No.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.O1045143 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.O1045143 11W. 187.10 feet; thence S.89042152 "E. 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, S.02005'31 "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.O1056'36 "E. 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.O1056136 "E. 1300.91 feet to the point of beginning. Said parcel contains 45.000 acres, more or less and contains three (3) lots. all STATE OF COLORADO ) COUNTY OF EAGLE ) I, Johnette Phillips, County Clerk of the County of Eagle, State of Colorado, do hereby certify that the foregoing pages numbered 9 to 21, inclusive, constitute a true and correct copy of the record of proceedings of the Board of County commis- sioners of said County, taken at a special meeting held on Monday, the 28th day of July, 1986, at 10:00 a.m., held at the Eagle County Courthouse, in Eagle, Colorado, insofar as said minutes relate to a Resolution concerning Pilgrim Downs Local Improvement District No. 1986 -1, a copy of which is therein set forth; that the copy of said Resolution contained in the minutes if a full, true and correct copy of the original of said Resolution as adopted by the Board of County Commissioners at said meeting; that the original Resolution has been duly signed and approved by the presiding officer of the Board of County Commissioners and the County Clerk and Recorder, sealed with the seal of the County, and recorded in the Book of Resolutions of the County kept for that purpose. I - further - certify that the Chairman and members of the Board of County Commissioners were present at said meeting and that 3 members of the Board voted on the passage of the Resolution as set forth in said minutes. IN WITNESS WHEREOF, I have heretofore set my hand at Eagle, Colorado this � - day of 1 86 ® County erk and Recor�e 21