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HomeMy WebLinkAboutR90-089 improvements for Bellyache Ridge Local Improvement District5 Commisszoner �Te<<, moved alloption Of the following Resolution: RESOLUTION NO_ ._ 1— A RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN EAGLE COUNTY, COLORADO, BELLYACHE RIDGE LOCAL IMPROVEMENTS DISTRICT NO. 90 -1, IN THE COUNTY OF EAGLE, STATE OF COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT 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 adopted on June IS, 1990, the Board of County Commissioners (the "Board ") of Eagle County, Colorado (the "County "), created the Bellyache Ridge Local Improvement District No. 90 -1, Eagle County, Colorado (the "District "), within the County, for the purpose of paying for local improvements to be acquired, constructed, and installed in the District; and WHEREAS, the total cost of such improvements now has been reasonably ascertained; and WHEREAS, an assessment roll has been prepared, a statement showing the whole 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, August 20, 1990, 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 and Recorder within twenty (20) days from the publication of such notice, would be heard and determined by the Board before the passage of a resolution assessing the cost of said improvements; and WHEREAS, from the statement made and filed with the County Clerk and Recorder, it appears that the whole cost of the improvements which will be assessed against the real property specially benefited and included within the District is $239,965.00: and WHEREAS, the Board has heard and considered all protests and objections relating to the assessment of costs, which were presented at the time of the hearing; and WHEREAS, the Board has determined to apportion a share of the cost to each parcel of land in the District, in accordance with the benefits to be derived by said real property and in the proportions and amounts severally set forth in the assessment roll approved by the Board; WHEREAS, certain property owners within the District have expressed a wish to pay their entire assessments before they are due,' in order to avoid paying capitalized interest from thirty (30) days after the date of this Resolution until April 30, 1g91. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO; Section 1. Confirmation of Assessment Roll. The whole cost of the improvements and the apportionment of the same, as set forth in the assessment roll, is heresy approved and confirmed. Said apportionment is hereby declared to be in accordance with the special benefits which the real property in the District will receive by reason of the acquisition, construction and installation of said improvements. A share of said cost is hereby assessed to and upon each parcel of land within the District in the proportions_ and amounts set forth in the assessment: roll, as attached hereto as Exhibit A. Section 2. Denial of Pratest and Qbiections. The protests and objections to the assessment roll are herby denied. 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 -2- y assessments may LQ 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 considered as a waiver of any right to question the power or jurisdiction of the County to construct the improvements, the quality of the work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the assessments, or the validity of the lien thereof. In the event of such election to pay in installments, the assessments shall be payable in ten (10) annual installments of principal and interest, the first of which installments shall be due and payable on April 30, 1991, 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 30 each year thereafter until paid in full, with interest. on the unpaid principal amount at a rate not to exceed 9.00% per annum, commencing as of April 30, 1991, payable at the time of paying each installment of principal. The tenth and last installment of assessments will be due and payable on April 30, 2000. Section 4. Prepayment Option. At the election of any property owner, the assessments hereby adopted and assessed against the benefited properties may be prepaid, with credit granted as provided in this paragraph. For any assessments paid on or before September 10, 1990, a credit of 5 %, or $93.00 per share as provided in Resolution No. 90 -64, will be allowed, reducing the assessment for a prepaying share to $1,764.04. Section 5. Penalty for Default or Nan - Payment. Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid -3- 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 Section 5 -12- 106(2) and (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 on the penalty rate set by this Resolution, and all penalties and costs of collection 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 assessment install-rent payment date. Section 6. Assessment 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 parcel 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. A copy of this Resolution after its adoption shall be filed with the County Clerk and Recorder, for recording on the land records of such parcels of land, in accordance with Section 30 -20 -610, C.R.S. Section 7. Sale of Property for Nonravment. In case of default in the payment of any installment of principal or interest when due, the county Treasurer shall advertise and sell all property concerning which such default is suffered for the payment of the whole of the unpaid assessments thereon, pursuant to Section 30 -20 -617, C.R.S. Section 8. Assessments Against Divided or Subdivided Parcels. If any parcel of real property included within the -4- 1 District is hereafter divided or subdivided into tow or more tracts or parcels, the County Clerk is hereby authorized and directed to divide the assessment against such parcel in the same proportion of area that the parcel itself is subdivided into two or more tracts or parcels, and to certify the revised assessments to the County Treasurer of Eagle County, Colorado. In the event that a particular parcel or tract is subdivided into two or more lots, then each new lot which is created shall bear an equal fractional assessment (i.e. where a tract is subdivided into ten (lo) lots, then each lot shall be assessed one -tenth (1 /1o) of the amount which was assessed against the original tract). It is not anticipated that any further hearing will be held on any revision of the assessment roll. Section 9. Notice of Payment of Ass s-cments. The County Clerk shall 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 (30) day period to close, and shall be in substantially the following form: -5- NOTICE OF ASSESSMENTS DUE FOR IMPROVEMENTS CONSTRUCTED IN THE BELLYACiE RIDGE LOCAL IMPROVEMENT DISTRICT No. 90 -1 EAGLE COUNTY, COLORADO PUBLIC NOTICE IS HEREBY GIVEN that all assessments or any portion of the assessment levied against real property within Bellyache Ridge Local Improvement District No. 90 -1, Eagle County, Colorado, may be paid at the office of the County Treasurer of Eagle County, at any time on or before April 30, 1991, which is not less than thirty (30) days after the effective date of the assessment resolution, without penalty, interest or costs. The effective date of the assessment resolution is August 21, 1990. All assessments or parts thereof not paid on ror before said date will bear interest at a rate not to exceed 9.00$ per annum. The assessments may be paid in ten (10) annual installments, with interest on unpaid installments, the first installment being due and payable on April 30, 1991, and subsequent installments shall be due and payable on each April 1 thereafter, until said assessments are paid in full. Interest shall be payable annually on the unpaid principal amount, commencing as of April 30, 1991. The installments of assessments are payable at the office of the County Treasurer of Eagle County, in Eagle, Colorado. Each annual installment will be on the property tax statement issued annually for each parcel in the District. A special prepayment discount of $93.00 per share will be granted to those persons paying their assessments on or before September 10, 1990. Those taxpayers electing to prepay am their assessment must present checks for $1,764.04 per share to the Eagle County Treasurer on or before September 10, 1990. All persons affected by the assessment levied hereby must assert within thirty (30) days any claims challenging the power or jurisdiction of the County to construct the improvements, the quality of the work, the validity or correctness of the assessments, the regularity or sufficiency of the p °oceedirgs or the validity of the lien hereof. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of Eagle County, Colorado, as of the day of "1990. (S E A L) /s/ Johnette phillips County Clerk and Recorder -7- ,r 3 Section 7: a ea All acts, orders, resolutions, or parts thereof, that are inconsistent or in conflict with this Resolution, are hereby repealed to the extent only of such inconsistency or conflict. Section 8. severabilit��. Should any one or more sections or parts of this Resolution be adjudged unenforceable or invalid, such Judgment shall not aflect, impair, or invalidate the remaining provisions of this Resolution, the intent being that the various sections and provisions hereof are severable. Section 9. Effective Date. The effective date of this Resolution shall be the date of its adoption as set forth below. Section 10. Recording d Aut icatio . This Resolution, immediately on its passage, shall be recorded in the Book of Resolutions kept for that purpose, and shall be authenticated by the signatures of the Chairman of the Board and the Deputy County Clerk and Recorder. a� $� ADOPTED AND APPROVED this 21st day of August, 1990. erk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through its B0PCRD.,OF COUNTY COMMISSIONERS Donald Welch, Cha rman I r George . Gates, Commissioner Richard L. Gustafson, commissioner Commissioner _(A)-41epc seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates 1L� Commissioner Richard L. Gustafson This Resolution passed by 2 �u b _ vote of the Board of County Commissioners of the County of Eagle, state of Colorado. -a- S �y f 1 STATEMENT SHOWING THE WHOLE COST OF IMPROVEMENTS for the BELLYACHE RIDGE LOCAL, IMPROVEMENTS DISTRICT No. 90 -01 County of Eagle, State of Colorado This statement is prepared pursuant Section 30 -20 -607, Colorado Revised Statutes, for the Bellyache Ridge Local Improvements District No. 90 -01. 1. The whole cost of constructing and installing certain street and drainage improvements has been definitely ascertained and is in the amount of $289,945.00, said amount including costs of inspection, collection, incidental costs and interest as allowed by law. The costs break down as follows: Purchase and Haul CDOH Cattle guard materials Culverts Prime and double chip Attorney Fees Bond Counsel Fees Contingenc -s Subtotal Class 6 Road Base seal Surveying, Engineering, Road Preparation (paid by County) Capitalized interest Underwriting fees and expenses Total $ 54,500 4,169 1,458 150,000 3,000 4,200 3,173 $ 220,500 $ 50,000 $ 12,445 7,000 $ 289,945 2. The costs of said improvements to be paid by the County'are in the amount of $50,000. 3. The costs of said improvements to be paid by the owners of the lots and parcels within the District and specially benefited are $239,945. 4. The share apportioned to each lot or tract of land within the District, as those lots and parcels are more specifically described in Resolution No. 90 -56, and assessed for the improvements is as follows: :w,= h3 3 l 1PROPERTY OWNER LOCATION ASSESSMENT TRACT 1 HALL T4S,R83W,SECTION 26 &27 $1,860.04 TRACT 2 HALL T4S,R83W,SECTION 26 1,860.04 TRACT 3 HALL T4S,R83W,SECTION 26 1,860.04 TRACT 4 HALL, T4S,R83W,SECTION 26 1,860.04 TRACT 7 HALL T4S,R83W,SECTION 25 &26 1,860.04 TRACT 8 HALL T4S,R83W,SECTION 25 &26 1,860.04 TRACT 9 WYATT T4S,R83W,SECTION 26 1,860.04 TRACT 10 WYATT T4S,R83W,SECTION 23 &26 1,860.04 TRACT 11 WYATT T4S,R83W,SECTION 26 1,860.04 TRACT 12 WYATT T4S,R83W,SECTION 26 1,860.04 TRACT 13 WYATT T4S,R83W,SECTION 26 1,860.04 TRACT 14 WYATT T4S,R83W,SECTION 26 &27 1,860.04 TRACT 15 WYATT T4S,R83.W,SECTION 27 1,860.04 TRACT 16 WYATT T4S,R83W,SECTION 22 &27 1,860.04 TRACT 17 HALL T4S,R83W,SECTION 22 1,860.04 TRACT 20 HALL T4S,R83W,SECTION 22 1,860.04 TRACT 21 HALL T4S,R83W,SECTION 22 1,860.04 TRACT 22 HALL T4S,R83W,SECTION 22 1,860.04 PARCEL A HALL T4S,R83W,SECTION 27 1,860.04 PARCEL B HALL T4S,R83W,SECTION 27 1,860.04 PARCEL C HALL T4S,R83W,SECTION 27 1,860.04 PARCEL D HALL / JOUFLAS T4S,R83W,SECTICN 27 1,860.04 JOUFLAS PARCEL JOUFLAS T4S,R83W,SECTION 26 &35 11,160.23 LOT 1 McNally Bellyache II 1,860.04 LOT 2 McNally Bellyache II 1,860.04 LOT 3 Chapman Bellyache II 1,860.64 LOT 4 Chapman Bellyache II 1,860.04 LOT 5 Haffner Bellyache II 1,860.04 LOT 6 McNally Bellyache II 1,860.04 LOT 7 Chapman /McNally Bellyache II 1,860.04 LOT 8 Bonsignore /Burns Bellyache II 1,860.04 LOT 9 Drummond Bellyache II 1,860.04 LOT 1 Tether Bellyache Ridge 41 1,860.04 LOT 2 Tecouri Bellyache Ridge #1 1,860.04 LOT 3 Hill Bellyache Ridge #1 1,860.04 LOT 4 Kendall Bellyache Ridge #1 1,860.04 LOT 5 Wahrlich Bellyache Ridge #1 1,860.04 LOT 6 Tavcar Bellyache Ridge #1 1,860.04 LOT 7 Hunt Bellyache Ridge #1 1,860.04 LOT 8 Reckert Bellyache Ridge #1 1,860.04 LOT 9 Forier Bellyache Rid,, #1 1,860.04 LOT 10, Forier Bellyache Rici�a #1 1,860.04 LOT 11 Marjoram Bellyache Ridge #1 1,860.04 :w,= PROPERTY O:dNEZ" 'f LOCATION ASSESSMENT LOT 12 Greven Bellyache Ridge #1 1,860.04 LOT 13 Rudolph Bellyache Ridge #1 1,860.04 LOT 14 Bottoni /Denice Bellyache Ridge #1 1,860.04 LOT 15 Stanish Bellyache Ridge #1 1,860.04 LOT 16 Ripmaster Be:lyache Ridge #1 1,860.04 LOT 17 Wilto Bellyache Ridge #1 1,860.04 LOT 18 Tomaro Bellyache Ridge #1 1,860.04 LOT 19 Edeen Bellyache Ridge #2 $3,720.08 LOT 20, UNIT Oberlohr Bellyache Ridge #2 1,860.04 LOT 20 UNIT B Hughes Bellyache Ridge #2 1,860.04 LOT 21 Dimotsantos Bellyache Ridge #2 3,720.08 LOT 22 Brown /Haifleigh bellyache Ridge #2 3,720.08 LOT 23 Kruse Bellyache Ridge #2 3,720.08 LOT 24 Hixon Bellyache Ridge 42 1,860.04 LOT 25 Olson Bellyache Ridge #2 1,860.04 LOT 26 Hodge /Robbins Bellyache Ridge #2 1,860.04 LOT 27A Brust /Ketter Bellyache Ridge #2 1,860.04 LOT 27B Allen Bellyache Ridge #2 1,860.04 LOT 28 Mirick Bellyache Ridge #2 1,860.04 LOT 29 Latchaw Bellyache Ridge #2 3,720.08 LOT 30 Leach Bellyache Ridge 42 1,860.04 LOT 31 Todd Bellyache Ridge 42 1,860.04 LOT 32 hap *:n Bellyache Ridge #2 3,720.08 LOT 33 rayne Bellyache Ridge #2 1,860.04 LOT 34 Smallwood /Cunningham/ Scopellite Bellyache Ridge #2 3,720.08 LOT 35 Wilcox /Fairchild /Francis/ Larussa -Fair Bellyache Ridge #2 3,720.08 LOT 36 Hoffbauer Bellyache Ridge #2 1,860.04 LOT 37 Hoffbauer Bellyache Ridge #2 1,860.04 LOT 38 Thomas Bellyache Ridge #2 1,860.04 LGT 39 PARCEL A Bruntz /va "_ Bellyache Ridge #2 1,860.04 LOT 39 PARCEL B Geddes Bellyache Ridge #2 1,960.04 LOT 40 MacCutcheon Bellyache Ridge #2 1,860.04 LOT 41 Rayer /McBride/ Osteen Bellyache Ridge #2 1,860.04 LOT 42 A Pearl Street Co. Bellyache Ridge #2 1,860.04 LOT 42 B Garman Bellyache Ridge #2 1,96 9.04 LOT 43 Goodwin Bellyache Ridge #2 1,860.04 LOT 44 Pfeifer Bellyache Ridge #2 1,860.04 LOT 45 Sullivan..., Inc. Bellyache Ridge #2 3,720.08 LOT 46 Scrip Bellyache Ridge #2 1,860.04 LOT 47 N ueOreo /Schulte/ McLaughlin Bellyache Ridge #2 1,860.04 LOT 47 S DeOreo /Schulte Bellyache Ridge #2 1,860.04 esL 4 FROFERTY Ow.,'R LOCATION A.SSESSC`.FNT LOT 48 N Roberts Bellyache Ridge #2 1,860.04 LOT 48 S Roberts Bellyache Ridge #2 1,860.04 LOT 49 Ammer Bellyache Ridge #2 1,860.04 LOT 50 Willins /McGuire Bellyache Ridge #2 1,860.04 LOT 51 Bryant Bellyache Ridge #2 14,880.24 LOT 52 Kern Bellyache Ridge #2 1,860.04 LOT 53 Maxfield Bellyache Ridge 42 1,860.04 LOT 54 Firstbank of Vail Bellyache Ridge #2 1,860.04 LOT 55 McMillan Bellyache Ridge #2 1,860.04 LOT 56 - LOT 1 Wheelock Bellyache Ridge #2 1,860.04 LOT 56 - LOT 2 Hammon Trust Bellyache Ridge #2 1,860.04 LOT 57 Metternick Bellyache Ridge #2 1,860.04 LOT 58 Mazza Bellyache Ridge #2 1,860.04 LOT 59 Kistner Bellyache Ridge #2 1,860.04 LOT 60 Burrill Bellyache Ridge #2 1,860.04 LOT 61 Feiler Bellyache Ridge #2 1,860.04 LOT 62 Rea Bellyache Ridge #2 1,860.04 LOT 63 Thurman Bellyache Ridge #2 1,.860.04 LOT 64 Feiler Bellyache Ridge #2 1,860.04 LOT 65 Flynn Bellyache Ridge #2 1,860.04 LOT 66 Mid -Am. Computer Bellyache Ridge #2 1,860.04 LOT 67 Klaus /Lilischkies Bellyache Ridge #2 1,860.04 LOT 68 Konicek Bellyache Ridge 42 1,860.04 LOT 69 Burns Bellyache Ridge #2 1,860.04 SC