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Home My WebLink AboutR86-083 cost of improvements for Pilgrim Downs LIDCommissioner Gustafson moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO NO. 86 - 83 A RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVE- MENTS MADE IN EAGLE COUNTY, COLORADO, PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1, IN THE COUNTY OF EAGLE, STATE OF COLORADO; APPROVING AND CONFIRMING THE APPORTION- MENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, by resolution dated July 28, 1986, the Board of County Commissioners (the "Board ") of Eagle County, Colorado (the "County "), created the Pilgrim Downs Local Improvement District, Eagle County No. 1986 -1 (the "District ") within the County, for the purpose of paying for local improvements to be constructed in the District; and WHEREAS, the whole cost of such improvements has been ascertained; and WHEREAS, an assessment roll has been prepared, a state- ment- showing -- the -total cost of the improvements has been duly - - - -- filed with the Board, and due notice was given that the Board would meet to hear and consider objections to the assessment roll on Monday, November 3, 1986, and that any complaints or objections which may be made in writing by the property owners or any citizen to the Board and filed in writing in the office of the County Clerk within twenty (20) days of the publication of said notice, would be heard and determined by the Board before the passage of a resolution assessing the cost of said improvements; and WHEREAS, at the hearing held on November 3, 1986, the Board heard and considered all objections to the assessment roll; and, WHEREAS, from the statement made and filed with the County Clerk, it appears that the whole cost of the improve- ments which will be assessed against the real property special- ly benefited and included within the District is approved; however, it is determined by the Board that the East half of Lot 11 of the Colorow Subdivision is not benefited and it is removed from the Assessment List and the District; and WHEREAS, the Board has apportioned a share of the cost to each lot or tract of land in the District, in accordance with the benefits to be derived by said property and in the propor- tions and amounts severally set forth in the assessment roll; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO: Section 1. Denial of Protest and Objections. The protests and objections to the assessment roll are hereby denied, except as to the East half of Lot 11 of the Colorow Subdivision. Section 2. Confirmation of Assessment Roll. The whole cost of the improvements and the apportionment of the same, as set forth in the corrected assessment roll, a copy of which is attached hereto and marked Exhibit, is hereby approved and confirmed. Said apportionment is hereby declared to be in accordance with the special benefits which the property in the District will receive by reason of the construction of said improvements. A share of said cost is hereby assessed to and upon each a lot or tract of land within the District in the proportions and amounts set forth in the assessment roll. Section 3. Payment of Assessments. The assessments shall be due and payable at the office of the County Treasurer of Eagle County, within thirty (30) days after the effective date of this Resolution, without demand; provided that all such assessments may be paid, - -at -the election of the property . owner, in installments, with interest as hereinafter set forth. Failure to pay the whole assessment within said period of thirty (30) days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments. Such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the County to construct the improvements, the regularity or sufficiency of the proceedings, or the validity of the lien thereof. In the event of such election to pay in installments, the assessment shall be payable in nine (9) annual installments of principal, the first of which installments of principal and interest shall be due and payable on April 1, 1987, at the office of the County Treasurer of Eagle County, in Eagle, Colorado. The remainder of said installments shall be due and payable successively on or before April 1st of each year thereafter until paid in full, with interest payable annually -2- s i ✓ on the unpaid principal amount at a rate not to exceed ten and twenty -two hundredths percent (10.22 %) per annum, commencing as of the effective date of this Resolution, until paid in full. The ninth and last installment of assessments will be due and payable on April 1st, 1995. Section 4. Penalty for Default or Non - Payment. Failure to pay any installment, whether principal or interest, when due, shall cause the whole of the unpaid principal to become due and payable immediately. The whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate established pursuant to § 5 -12- 106(2), (3), C.R.S., until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at the rate established pursuant to § 5 -12- 106(2), (3), C.R.S., and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next installment of interest or principal. Section 5. Assessment of Lien. All assessments levied against the real property in the District, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the effective date of this Resolution, a perpetual lien in the several amounts assessed against each lot or tract - of land. Such lien shall have priority over =- all -other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. Section 6. Assessments Against Divided or Subdivided Tracts. If any tract of real property included within the District is hereafter divided or subdivided into two or more such tracts or parcels, the County Assessor is hereby author- ized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Eagle County, Colorado. Section 7. Notice of Payment of Assessments. The County Clerk shall forthwith cause notice of assessments due to be mailed by first class mail to each property owner assessed for the cost of the improvements who is included in the District. Such notice shall set forth the place of payment and the time for the thirty -day period to close, and shall be in substan- tially the following form: -3- NOTICE OF ASSESSMENTS DUE FOR IMPROVEMENTS CONSTRUCTED IN THE PILGRIM DOWNS LOCAL IMPROVEMENT DISTRICT NO. 1986 -1 IN EAGLE COUNTY, COLORADO PUBLIC NOTICE IS HEREBY GIVEN that all assessments or any portion of the assessment levied against property within Pilgrim Downs Local Improvements District No. 1986 -1, Eagle County, Colorado, may be paid at the office of the County Treasurer of Eagle County, at any time on or before January 12, 1987, which is thirty (30) days after the effective date of the assessment resolution, without penalty, interest or costs. The effective date of the assessment resolution is December 11, 1986. All assessments not paid on or before the expiration of said thirty -day period will bear interest at a rate not to exceed ten and twenty -two hundredths percent (10.220) per annum. The assessments may be paid in nine (9) annual install- ments, with interest on unpaid installments, the first install- ment being due and payable on April 1, 1987, and subsequent installments shall be due and payable on each April 1st thereafter, until said assessments are paid in full. Interest shall be payable annually on the unpaid principal amount, commencing as of the effective date of the assessment resolu- tion, until paid in full. The installments of assessments are payable at the office of the County Treasurer of Eagle County, in Eaglc,__Colorado._ If the amount of the assessment is paid in full at any time after the end of the thirty -day period, interest on such amount to the next installment of interest or principal will be added. IN WITNESS WHEREOF I have hereunto subscribed my name and affixed the seal of Eagle County, Colorado as of the day of , 1986. (SEAL) /s/ Johnnette Phillips County Clerk and Recorder Section 8. Severability. If any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. Section 9. Repealer. All Resolutions or parts thereof in conflict with this Resolution are hereby repealed. Section 10. Effective Date. This Resolution shall be in full force and effect upon approval, passage and publication by the Board of County Commissioners. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, at its regular meeting held the 3rd day of November, 1986. COUNTY OF EAGLE, COLORADO, By and BOARD OF COUNTY STATE OF Through Its ABSENT Jbhn`F. Loughran Commissioner Commissioner Welch seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch —aye Commissioner Richard L. Gustafson ay Commissioner John F. Loughran absent This Resolution passed by 2 to 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -5- J PILGRIM DOWNS LOCAL IMPROVEMENTS DISTRICT 1986 -1 REVISED LIST OF PROPERTY ASSESSMENTS Pilgrim Downs Filing Nos. 1 -6 Lot Owner Assessment # 1 Thomas A. Backhus $ 5,929.00 # 2 Circle Oceanique, Inc. 5,929.00 # 3 Alfred H. Williams 5,929.00 # 4 A. Patrick Montgomery Jacqueline Montgomery 5,929.00 # 5 Kirk Van Hee 5,929.00 # 6 John W. Smith 5,929.00 # 7 Alfred H. Williams 5,929.00 # 8 Alfred H. Williams 5,929.00 # 9 Alfred H. Williams 5,929.00 #10 Alfred H. Williams 5,929.00 #11 Alfred H. Williams 5,929.00 #12 C. R. Goulet 5,929.00 #13 Alfred H. Williams 5,929.00 #14 Alfred H. Williams 5,929.00 #15 Alfred H. Williams 5,929.00 #16 Alfred H. Williams 5,929.00 #17 Alfred H. Williams 5,929.00 EXHIBIT i #18 Daval Western Development Corp. Alfred H. Williams #19 Alfred H. Williams #20 Alfred H. Williams Pilgrim Downs Phase II (three lots) Daniel Williams EXHIBIT -9- 5,929.00 5,929.00 5,929.00 $17,757.00