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HomeMy WebLinkAboutR90-056 intent to create Bellyache Ridge LID425426 B -529 P -26G 05. "95/90 16.37 PG t OF 8 "» REC DOC JOHNNETTE PHILLIPS EAG, :?COUNTY CLERK, COLORADO 0.00 0.00 Commissioner l^ AT-- : moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 90 -�� a DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS BELLYACHE RIDGE LOCAL IMPROVEMENTS DISTRICT NO. 90 -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 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 by a Resolution duly adopted by the Board of County Commissioners, declaring its intention to construct improvements; and WHEREAS, on May 7, 1990, the Board of County Commissioners duly adopted Resolution No. 90 -53 initiating the creation of the Bellyache Ridge Local Improvements District; 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 installments, the property to be assessed for the cost of the improvements, 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 is adopted after notice duly given, after a hearing duly held thereon, and after proper initiation of the district by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners shall consider all protests and objections that may be made in connection with proposed improvements, before ordering the construction thereof. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: M 116 C2 425426 B -529 G -26L-� 05/15/90 16:37 PG 2 OF 8 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 County Engineer's reports, together with the preliminary details, specifications, estimates of costs, 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. 4. That the assessment to be levied for the improvements shall be due and payable within thirty (30) days after the effective date of the assessing resolution. However, all such assessments may be paid at the election of the owner in ten (10) annual installments of principal with interest on the 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 to exceed fourteen percent (14 %). 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 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. That the map labeled Official Map of the Bellyache Ridge Local Improvements District is hereby adopted and shall be on file within the office of the County Clerk and Recorder. 7. That 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 improvements 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 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 IMPROVEMENTS DISTRICT IN EAGLE COUNTY, COLORADO, TO BE KNOWN AS BELLYACHE RIDGE LOCAL IMPROVEMENT DISTRICT NO. 90 -1, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN STREET IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS, FOR THE LOTS AND PARCELS OF LAND DESCRIBED THEREIN, AND OF A PUBLIC HEARING THEREON. -2- f 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 Bellyache Ridge Local Improvements District No. 90 -1, for the purposes of constructing and installing certain street 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 are as follows: Survey, design, shape subgrade, place additional gravel, widen cattle guard and place prime and double chip seal pavement surface on Bellyache Ridge Road ( #35) from 1 -70 to and through the Bellyache ridge Subdivision Filings 1 and 2, on Big Dipper Road ( #BY35A) and Little Dipper Road ( #BY35B), a distance approximately 6.2 miles. The pavement consists of an asphalt prime coat, an application of liquid asphalt, and 3/4 inch stone chips and a second application of liquid asphalt and 3/8 inch stone chips for a total thickness of 1 inch. 2. The property to be specifically benefited, to be included within the district and to be assessed with the cost of the improvements shall include the following lots and tracts of m land: o a. Lots within the Bellyache Ridge Subdivision Filing #1 and Filing #2 as described on plats filed in the Eagle County Clerk and Recorders Office at Book 226, Page 959; Book 231, Page 882; Book 325, Page 414; Book 281, Page 228; Book 341, Page 502; Book 419, Page 141; Book 528, Page 720, and CL Book 383, Page 063. Said parcels described in this subsection (a) to be referred to hereinafter as the 'Bellyache Ridge lots ". b. Lots within the Bellyache II Subdivision as described on plats filed in the Eagle County Clerk and Recorders Office at Book 371, Page 940. Said parcels described in this subsection (b) to be referred to hereinafter as the G Cn 'Bellyache II parcels ". m c. Those certain tracts of land described in Exhibit A in the document 0 recorded in the Eagle County Clerk and Recorders Office at Book 509, Page 999, as Tracts 1, 2, 3, 4, 7, 8, 17, 20, 21, and 22, and Parcels A, B, and C. Also, that certain parcel described in Exhibit 2, attached hereto and by this reference made a part hereof, as Parcel D. Said parcels described in this subsection (c) to be referred to hereinafter as the "Hall parcels ". a d. Those certain tracts of land described in the document recorded m in the Eagle County Clerk and Recorders Office as follows: at Book 520, Page 0j 586 as Tract 9; at Book 520, Page 587 as Tract 10; at Book 520, Page 588 as Tract 11; at Book 520, Page 589 as Tract 12; at Book 520, Page 590 as Tract M 13; at Book 520, Page 591 as Tract 14; at Book 520, Page 592 as Tract 15; 0 and at Book 520, Page 593 as Tract 16. Said parcels described in this nd subsection (d) to be referred to hereinafter as the "Wyatt parcels ". o� r� -3- C2 e 03 LL 0 It 0 LL t` rn EN EN u� w s u. m u� S1 U3 u� e. That certain parcel described in Exhibit 1, attached hereto and by this reference incorporated herein. Said parcel described in this subsection (e) to be referred to hereinafter as the "Jouflas parcel'. 3. The assessment for said improvements may be paid in ten equal annual installments of interest and principal. 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 elects not to pay the assessment 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 and interest as aforesaid. The first of such installments of assessments shall be due and payable at such time as may be determined in 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 fourteen (14 %). 6. Estimates of Costs to be assessed within the District include the following: Purchase and Haul CDOH Class 6 Road Base $ 60,000 Cattle guard materials 4,000 Prime and Double chip seal 150,000 Attorney Fees 3,000 Bond Counsel Cost 4,200 Contingencies 3,800 $225,000 All estimates exclude costs of inspection, collection and incidentals and also exclude interest on any bonds to the time the first installment of the assessment is made payable in such statement apportioning the total costs, as provided bylaw. 7. The costs of the improvements shall be assessed on an equal basis against the property in the district as follows: a. Bellyache Ridge parcels: 1 share per approved residential unit which may be constructed on any lot at the time the improvements are authorized. b. Bellyache II parcels, Wyatt parcels, Hall parcels: 1 share per legally described parcel, tract, or lot. c. Jouflas parcel: 6 shares per the parcel. The amount to be assessed per share is estimated to be One Thousand Six Hundred Thirty - One Dollars and Forty -three cents ($1,631.43), excluding financing charges and interest. M CD $m ca 3 3 425426 B -529 P -266 05/15/9 16:37 P6 5 OF 8 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 cost 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. 8. 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 June 18, 1990, at 11:00 A.M. or at an adjourned meeting thereafter, Board of County Commissioners Meeting Room, 551 Broadway, Eagle, Colorado. 9. 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 8. 10. 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, prior to or at the hearing referred to in Paragraph 8 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 to the Board of County Commissioners 8. That, Pursuant §30 -20 -611 C.R.S., the County Clerk and Recorder shall prepare a local assessment roll. 9. That all resolutions, or parts thereof, in conflict with the provisions hereof, be and the same are hereby repealed. 10. 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 -5- i` C3 425426 8 -529 P -266 05/15/90 16 :37 PG 6 OF 8 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the XW day of May. 199n_ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By-.&� Clerk of the Board of Donald .Welch, Chairman County Commissioners George Gate A'2 X. Commissioner Y� 7` Richard L. Gustafson Commissioner Commissioner 6) 2 ✓ ej— seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates _e- Commissioner Donald H. Welch p Ie- Commissioner Richard L. Gustafson This Resolution passed by 9 �& D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 0 C3 A parcel of land in the SI /2 Section 26 and the NI /2NI/2 of Section 35. Township 4 South, Range 83 West of the 6th P.M.. Eagle County. Colorado and being North of the County Road known as the Bellyache Ridge Road and beign more particularly described as follows: Beginning at the NW Corner of the SWI /4NE1/4 of sold Section 35; Thence S89°39'40'W. 443.00 feet. Thence N18'57'00'E. 45.82 feet. Thence on a curve to the left having a central angle of 95052'501, a radius of 90.23 feet. a chord bearing N28'59'25'W. 133.98 feet; Thence N76'55'50'W. 178.60 feet: Thence on a curve to the right having a central angle of 24 °36'49', a radius of 419.92 feet. a chord bearing N64'37'25'W. 179.01 feet; Thence on a curve to the left having a central angle of 11 °22'00', a radius of 920.52 feet. a chord bearing N56'00'00'W. 182.32 feet. Thence on a nontangent line N4'07'09'E. 2475.68 feet; Thence' - S73.02'30'E. 152.50 feet: Thence on a curve to the left having a central angle of 08030'202, a radius of 1462.40 feet. a chord bearing S77'17'40'E. 216.89 feet: Thence SBI'32'50'E. 845.35 feet; Thence on a curve to the right having a central angle of 09037'201, a radius of 1402.40 feet. a chord bearing S76'44'102E. 235.24 feet; Thence NI8004'30'E. 60.00 feet; Thence N04'43'36'E. 1041.72 feet; Thence on a nontangent curve to the left having a central angle of 98002'37'. a radius of 125.00 feet. a chord bearing N50°4l'131E. 188.74 feet: Thence 00 S80'20'421E. 2224.64 feet: Thence S23'45'00'E. 122.44 feet:Thence SI7'22'30' 1 feet; Thence S17°22'30'W. 211.30 feet: Thence S4'56'00'W. O 746.47 feet: Thence S7030'302E. 215.30 feet: Thence I` S14045'002E. 395.17 feet; Thence S29044'301E. 36.46 feet: 0 Thence West. 975.94 feet; Thence North. 1320.00 feet: Thence CL West. 659.67 feet; Thence S0003'001W. 2870.92 feet; Thence N89046'005W. 1316.66 feet to the point of beginning. Sold parcel of land contains 211.42 acres. m Excepting the Right of way for the Bellyache Ridge Road to Eagle County. 5 m VI 10 G BELLYACHE RIDGE LOCAL IMPROVEMENTS DISTRICT pJ a "Jouflas Parcel" m u� Cd BELLYACHE RIDGE LOCAL IMPROVEMENTS DISTRICT 425426 B-529 P-266 05/15/90 16:37 PG 8 OF 8 HALL PARCEL "D" A parcel of land situated in Section 27, T4S, R83W of the 6th P.M., Eagle County, Colorado and being more particularly described as follows by metes and bounds: Beginning at a point which bears S62 16'08'/W, 3699^61 feet of the Northeast Corner of said Section 27; Thence on a curve to the left having a central angle of 24 06'30", a radios of 911"59 feet, an arc length of 383.57 feet, a chord of S8905~15oW, 380.75 feet Thence S77 52'00"W, 189.31 feet; Thence on a curve to the right having a central angle of 41 11'30^, a radius of 383.16 feet: an arc length of 275^42 feet; a chord of NO1 32'15"N, 269^53 feet; Thence N60 56'30"W, 118.82 feet; Thence S16 43'29'/E, 92^06 feet; Thence on a curve to the ]eft having a central angle of 41 06'07n, a radius of 403.29 feet; an arc length of 289.31 feet; a chord of S37 16'31"E, 283^14 feet; Thence on a curve to the right having a central angle of 50 37'38», a radius of 373"45 feet; an arc length of 329.98 feet; a chord of S32 30'46"E, 319"35 feet; Thence S7 11'57"F, 68.70 feet; Thence on a curve to the left having a central angle of 64 47'56"1 a radius of 208"45 feet; an arc length of 236"34 feet; a chord of S45 40'50»E, 223.88 feet; Thence S78 09'43"E, 64"67 feet; Thence on a curve to the right having a ce6tral angle of 62 54'47", a radius of 172^42 feet; an arc length of 189"33 feet; a chord of S40 42'14"E, 179.96 feet; Thence on a curve to the left having a central angle of 55 53'25", a raQius of 134.25 feet; an arc length of 130^96 feet; a chord of` S37 11'29"E, 125^83 feet; Thence S65 08'11xE, 48.85 feet; Thence on a curve to the right having a central angle of 40 51'02», a radius of 271.57 feet; an arc length of 193.62 feet; a chord of-S44 42'40"E, . 189.55 feet; Thence on a curve to the left having a central angle '- - "+ 18 16122" a radius of 529^36 feet; an arc length of 168.82 `^ , f X chord of 333 25'20"E, 168.11 feet; Thence S42 33'3111E, 175.`1 -~feet! Thence N35 10'11"E, 1605.11 feet; Thence m80 2G^2C , " o� 496 63 feet; Thence on a curve to the right having a ( � central- angle of 7 24'00», a radius of 1170.92 feet; an arc length of 151.23 feet; a chord of N76 46'20'`W, 151"12 feet*, ThenckN73 04'20"W` 114.01 feet; Thence on a curve to the left having central angle of 38 02'40", a radius of 165.99 feet; an arc length of 110"22 feet; a chord of S87 51'20"W, 108.20 feet; Thence' S68 53'00'/W, 102"00 feet; Thence on a curve to the right - having a central angle of 33 05'30», a radius of 263.78 feet; an arc length of 152,35 feet; a chord of S85 25'45"W, 150^24 feet; ~ ' 'fi-ience N78 01'30''W, 74.81 feet to the point of beginning" Said parcel contains 35.794 acres more or less. co �