No preview available
HomeMy WebLinkAboutR11-084 Cedar Drive LID EAGLE COUNTY, CO 201117854 T J SIMONTON REC: $® 00 DOC:1 09/27/2011 y/ Commissioner % °"� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011- '5 7 RESOLUTION ORDERING PUBLICATION BY THE COUNTY CLERK AND RECORDER OF A NOTICE OF HEARING TO BE HELD AT 6:00 P.M. ON AUGUST 30, 2011, AT THE MOUNT SOPRIS ROOM OF THE EAGLE COUNTY COMMUNITY CENTER IN EL JEBEL COLORADO ON A PETITION FOR FORMATION OF A LOCAL IMPROVEMENT DISTRICT PURSUANT TO COLORADO REVISED STATUTES SECTION 30 -20 -601 ET SEQ. FOR THE PURPOSES OF FUNDING THE 10 PERCENT LOCAL MATCH PORTION OF A $1.3 MILLION FEDERAL HAZARD ELIMINATION GRANT FOR IMPROVEMENTS TO CEDAR DRIVE WHEREAS, on June 14, 2011, a Petition (the "Petition "; copy attached as Exhibit A hereto) for For ation of a Local Improvement District (the "LID ") was submitted to the County under cover o a letter from a representative of the owners of certain properties accessed off of Cedar Dri a in Eagle County (copy of cover letter attached as Exhibit B hereto), together with a summary document entitled "Introduction and Explanation of the Petition for Formation of the Cedar Drive Federal Hazard Elimination Grant — Local Improvement District" (the "Summary"; copy attached as Exhibit C hereto) and signed requests for formation of the LID from owners of property that would bear more than 50% of the total assessments needed to provide the local match to federal funds to support the improvements and meet costs associated with creating the LID (the "Petitioners "; copies of signed requests from Petitioners attached hereto as Exhibit D); and WHEREAS, the County Attorney and County Clerk and Recorder have determined that the Petition and materials submitted therewith meet the requirements of CRS 30- 20 -601 et. seq. for the Board of County Commissioners to hold a noticed public hearing on whether to form the proposed LID. I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT there shall be a public hearing on formation of the LID at the time and place set forth in a notice of such public hearing as described herein below. THAT, the County Clerk and Recorder is hereby directed to cause publication in accordance with the requirements of CRS 30 -20- 603(6) of a notice (the "Notice ") of public hearing in the Mount Sopris Room at the Eagle County Community Center in El Jebel, Colorado at 6:00 p.m. on August 30, 2011 (the "Public Hearing ") in the form attached hereto as Exhibit E, at which hearing the Board of County Commissioners will take documentary evidence and receive public comments on the Petition and consider whether to form the LID. The Clerk and Recorder is specifically directed to publish the Notice in the Aspen Times, the Vail Daily and the Eagle County Enterprise on or before July 28, 2011, and to mail copies of this resolution and the Petition and the Summary to the owners of all properties within the boundaries of the proposed LID. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 26` day of July, 2011. ATTEST: �e Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS A 0 Peter F. Fisher, Commissi�her� — Sara J. Commiss oner Commissioner : -�`��' sbconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Stavney Commissioner Runyon Commissioner Fisher This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. PETITION FOR FORMATION OF CEDAR DRIVE FEDERAL HAZARD ELIMINATION GRANT LOCAL IMPROVEMENT DISTRICT The undersigned hereby petitions the Board of County Commissioners of Eagle County, Colorado to form a local improvement district, the boundaries of which are shown on the attached map, for the purpose of constructing certain improvements to the portion of Cedar Drive shown on the attached map to be funded by a Federal Hazard Elimination Grant. In support of this petition, the undersigned states: 1. That it is the fee and equitable owner of 100 percent of the real property described below proposed for inclusion in the Cedar Drive Federal Hazard Elimination Grant Local Improvement District (the "Local Improvement District "), and the undersigned expressly assent to the inclusion of such property in the Local Improvement District. 2. That the purpose of the Local Improvement District is to Rind the "local match" portion of the Cedar Drive Federal Hazard Elimination Grant project as well as consultant fees associated with such project; that the Local Improvement District shall be formed and organized expressly for this purpose and shall serve no other present or future function; and that the petitioner's property receives access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant and will benefit from the project. 3. That the total cost of the assessment for the Local Improvement District to be levied by the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall be $155,000.00 to be collected from the twenty -eight (28) existing lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant in the following amounts, to be repaid to Eagle County as annual assessments over a ten (10) year period commencing in fiscal year 2012. Property Owner Parcel Number FHEG Assessment Southwell, Carolyn 2467 -08- 200 -002 $1,843.40 Bair, Virginia & Lowell 2467 -08 -207 -001 $1,843.40 Woodward, Sandra 2467 -08- 208 -001 $1,843.40 Hyrup 2467 -08- 200 -001 $1,843.40 Hassol, Susan & Jeff Friday 2467 -04- 100 -013 $6,151.10 Hassol, Susan & Jeff Friday 2467 -04 -100 -014 $6,151.10 Beckwith, Leah 2467 -04- 200 -003 $6,151.10 Ernemann, Michael 2467 -04- 200 -004 $6,151.10 Behrens, Debra & Richard 2467 -04- 200 -005 $6,151.10 Worth, Charles 2467 -04- 200 -007 $6,151.10 Ryll, Lisa & Andreas 2467 -04- 200 -008 $6,151.10 Stone, Franz 2467 -04- 300 -003 $6,151.10 Bouchard, Jana 2467 -04- 300 -004 $6,151.10 EXHIBIT /-q Maidr, Colleen 2467 -04- 302 -001 Jones, Deborah & John Katzenberger2467 -04- 400 -009 Myers, Bob 2467 -04- 400 -010 Bryan, Michelle & Jason Kahout 2467 -04- 400 -011 Even, Timothy 2467 -04- 400 -012 Janssen, Robert & Ginger Redmount, Debra & Sean Patrick Stehling, Michael Devan, Robert & Margaret Lightfoot, Janet Jallifer, John Paul Berry, Sara & Erich Osentowski, Jerome Propane Services, Inc. Hunter, James B. 2467 -05- 400 -002 2467 -05- 400 -003 2467 -05- 400 -004 2467 -05- 400 -005 2467 -05- 400 -006 2467 -05- 400 -007 2467 -04- 300 -005 2467 -04- 300 -007 2467 -04- 300 -008 2467 -04- 303 -001 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 $6,151.10 4. That together with the FHEG Assessment described above, the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall also collect an annual maintenance assessment from the twenty -eight (28) existing lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant. The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount of $238.00 to the other twenty -four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district. 5. That upon future subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local Improvement District assessment fee for each new lot created from such parcel in the same amount as the original parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local Improvement District. 6. That the name(s), address, and parcel number(s) to be included in the Local Improvement District of the petitioner are as follows: Name: Address: Parcel Number: Name: Address: Parcel Number: WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: Dated this _ day of 1 2011. *Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. Name: Address: s3`r qQ �''r� • �Jp Parcel Number: , u ;', - 0 1 4 - (j (13ww' WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: OWNER: A Dated this 1 ^ Udav of - _ .2011. yrGGl'�l7 *Do not sign Mr. and Mrs. —sign individuolyIDo not sign this petition unless you have read all of the text. Maidr, Colleen 2467 -04- 302 -001 $6,151.10 Jones, Deborah M. & John 2467 - 04-400 -009 $6,151.10 Myers, Bob 2467- 04-400 -010 $6,151.10 Bryan, Michelle & Jason Kahout 2467- 04-400 -011 $6,151.10 Even, Timothy 2467 - 04400 -012 $6,151.10 Janssen, Robert & Ginger 2467 -05 -400 -002 $6,151.10 Redmount, Debra & Sean Patrick 2467 - 05-400 -003 $6,151.10 Stehling, Michael 2467- 05-400 -004 $6,151.10 Devan, Robert & Margaret 2467 - 05-400 -005 $6,151.10 Lightfoot, Janet 2467- 05-400 -006 $6,151.10 Jallifer, John Paul 2467 - 05-400 -007 $6,151.10 Berry, Sara & Erich 2467 -04- 300 -005 $6,151.10 Osentowski, Jerome 2467 -04- 300 -007 $6.151.10 Propane Services, Inc. 2467 -04- 300 -008 $6,151.10 Hunter, James B. 2467 -04- 303 -001 $6,151.10 4. That together with the FHEG Assessment described above, the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall also collect an annual maintenance assessment from the twenty -eight (28) existing lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant. The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount of $238.00 to the other twenty -four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district. 5. That upon firture subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local Improvement District assessment fee for each new lot created from such parcel in the same amount as the original parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local Improvement District, 6. That the name(s), address, and parcel number(s) to be included in the Local Improvement District of the petitioner are as follows: A ddress: w .. _ Parcel Number: .2 �: .. Name: Address: Parcel Number: WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: .,� l OWNER: Dated this ' day of M 01 c� 2011. "Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. Name: > °SfN7 Site; Address: Parcel Number: p •�t - . WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: OWNER: Dated this / `day of M . 2011. -Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. d Maidr, Colleen 2467 -04- 302 -001 $6,151.10 Jones, Deborah & John Katzenberger2467 -04- 400 -009 $6,151.10 Myers, Bob 2467 -04- 400 -010 $6,151.10 Bryan, Michelle & Jason Kahout 2467 -04- 400 -011 $6,151.10 Even, Timothy 2467 -04- 400 -012 $6,151.10 Janssen, Robert & Ginger 2467 -05- 400 -002 $6,151.10 Redmount, Debra & Sean Patrick 2467 -05- 400 -003 $6,151.10 Stehling, Michael 2467 -05 -400 -004 $6,151.10 Devan, Robert & Margaret 2467 -05- 400 -005 $6,151.10 Lightfoot, Janet 2467 -05- 400 -006 $6,151.10 Jallifer, John Paul 2467 - 05-400 -007 $6,151.10 Berry, Sara & Erich 2467 -04- 300 -005 $6,151.10 Osentowski, Jerome 2467 -04- 300 -007 $6,151.10 Propane Services, Inc. 2467 -04- 300 -008 $6,151.10 Hunter, James B. 2467 -04- 303 -001 $6,151.10 4. That together with the FHEG Assessment described above, the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall also collect an annual maintenance assessment from the twenty -eight (28) existing lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant. The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount of $238.00 to the other twenty -four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district. 5. That upon future subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local Improvement District assessment fee for each new lot created from such parcel in the same amount as the original parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local Improvement District. 6. That the name(s), address, and parcel number(s) to be included in the Local Improvement District of the petitioner are as follows: Name: C 15c (F %ti r, v �t -Lj 1 Address: Zt t C- ) t.'S i %.. ,j % _A_i I vTy 7 Parcel Number: �)Yb7- trrq - "ULQ 3 �3 Name: Address: - 1 t t — 1 �} — Parcel Number: _2q(- Ci( ZtG 66 WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: Lty< OWNER: 71aj�to t j �l�l Dated this _ day of Pt&' a ' 2011. *Do not sign Mr. and Mrs. —sign individually. Do J sign this petition unless you have read all of the text. Maidr, Colleen 2467 -04 - 302 - 001 $6,151.10 Jones, Deborah M. & John 2467 -04- 400 -009 $6,151.10 Myers, Bob 2467 -04-400 -010 $6,151.10 Bryan, Michelle & Jason Rahout 2467 - 04400 -011 $6,151.10 Even, Timothy 2467 -04400 -012 $6,151.10 Janssen, Robert & Ginger 2467- 05400 -002 $6,151.10 Redmount, Debra & Sean Patrick 2467 - 05400 -003 $6,151.10 Stehling, Michael 2467 - 05-400 -004 $6,151.10 Devan, Robert & Margaret 2467 -05-400 -005 $6,151.10 Lightfoot, Janet 2467 -05400 -006 $6,151.10 Jallifer, John Paul 2467 -05400 -007 $6,151.10 Berry, Sara & Erich 2467 -04- 300 -005 56 0-temowski, Jerome 2467 -04- 300 -007 56,151.10 Propane Services, Inc. 2467 -04- 300 -008 S6.1-i i0 Hunter,Jamcs B. 2467 -04- 303 -001 S6.i51.io 4. That together with the FHEG Assessment described above, the Poard o° Comity Commissioners of Eagle County, acting as the Board of Directors for the Local lmpmvemer.t District, shall also collect an annual maintenance assessment from the *.venty-cieht (28) e;:itting lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant. The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount of $238.00 to the other twenty-four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district 5. That upon future subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local Improvement District assessment fee for each new lot created from such parcel in the same amount as the original parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local Improvement District. 6. That the name(s), address, and parcel number(s) to be included in the Local Improvement District of the ( petitioner are as follows: (� Name: Address: Parcel Number: —C-n'{ — 3c, — c o g- Name: Address: Parcel Number: WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: OWNER: Dated this 3 day of V — � E> 2 a t 1 2011. -Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. Maidr, Colleen 2467 -04- 302 -001 $6,151.10 Jones, Deborah M. & John 2467 -04- 400 -009 $6,151.10 Myers, Bob 2467 -04- 400 -010 $6,151.10 Bryan, Michelle & Jason Kahout 2467- 04400 -011 $6,151.10 Even, Timothy 2467 - 04-400 -012 $6,151.10 Janssen, Robert & Ginger 2467 -05- 400 -002 $6,151.10 Redmount, Debra & Sean Patrick 2467 - 05400 -003 $6,151.10 Stehling, Michael 2467 -05- 400 -004 $6,151.10 Devan, Robert & Margaret 2467 - 05- 400.005 $6,151.10 Lightfoot, Janet 2467 -05- 400 -006 $6,151.10 Jallifer, John Paul 2467 -05- 400 -007 $6,151.10 Berry, Sara & Erich 2467 -04- 300 -005 $6,151.10 Osentowski, Jerome 2467 -04- 300 -007 $6,151.10 Propane Services, Inc. 2467 -04- 300 -008 $6,151.10 Hunter, James B. 2467 -04- 303 -001 $6,151.10 4. That together with the FHEG Assessment described above, the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall also collect an annual maintenance assessment from the twenty -eight (28) existing lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount of $238.00 to the other twenty-four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district. 5. That upon future subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local Improvement District avvevvmeot fro fir rnrh new lot rreated from vnrh pnrrel in thr vnme ammmt as the originnl parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local improvement District. 6. That the morels), address, and parcel number(s) to be included in the Local Improvement District of the petitioner are as follows: Name: � "4 N Z> > Address: O 3�a ' \'� WtJJAf�c7 �It� Parcel Number: a `)IC -O - ijou - Op Name: Address: Parcel Number: WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: OWNER: Dated this ° I� ` of 1 2011. -Do not sign Mr. and Mrs. — ign individually. Do not sign this petition unless you have read 4 ofAe text. L�►1LTt' � �IGF.i 1 WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: O W1VER: Dhicu this / day of . 2011. "Do not sign Mr. and Mrs. —sign individually.0 not sign this petition unless you have read all of the text. Name: ) Address: J !=�-� c Parcel Number: C^ 5 WHEREFORE the undersigned petitioner(%) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: OWNER: Dated this j�L day of _ M a. i . , 2011. -Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. Name: lfi/c12,<,el rJ 4r. oA- Address: 5 1Mt3 9, W / U;Iii' 6 �y�cl�, �cJ Sri ZJ Parcel Number: ;? 67 d Zi�li `✓ WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: 1. 1A Dated this 1a day of *Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. Maidr, Colleen 2467 -04 - 302 -001 $6,151.10 Jones, Deborah ML & John 2467 -04-400 -009 $6,151.10 Myers, Bob 2467 -04- 400 -010 $6,151.10 Bryan, Michelle & Jason Kahout 2467 -04 - 400 -011 $6,151.10 Even, Timothy 2467 -04-400 -012 $6,151.10 Janssen, Robert & Ginger 2467 -05 - 400 -002 $6,151.10 Redmount, Debra & Sean Patrick 2467 -05400 -003 $6,151.10 Stehling, Michael 2467 -05-000 -004 $6,151.10 Dcvan, Robert & Margaret 2467 -05400 -005 $6,151.10 Lightfoot, Janet 2467 -05-400 -006 $6,151.10 Jallifer, John Paul 2467 -05 -000 -007 $6,151.10 Berry, Sam & Erich 2467 -04 - 300 -005 $6,151.10 Osentowski, Jerome 2467 -04- 300 -007 $6,151.10 Propane Services, Inc. 2467 -04 -300 -008 $6,151.10 Hunter, James B. 2467 -04- 303 -001 $6,151.10 4. That together with the FHEG Assessment described above, the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall also collect an annual maintenance assessment from the twenty-eight (28) existing lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant. The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount of $238.00 to the other twenty-Four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district. 5. That upon future subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local improvement District assessment fee for each new lot created from such parcel in the same amount as the original parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local Improvement District. 6. That the name(s), address, and parcel number(s) to be included in the Local Improvement District of the petitioner are as follows: Name: Address: i�� •�.._... _ (i UC` +t :.� Parcel Number: Name: Address: 1 C <= C . r .mar V r Parcel Number: 2 v �Z ( f cc WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OkRVER: OWNER Dated this day of VII «- . 2(91:1:; °Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read all of the text. 3 Maidr, Colleen 2467 -04 -302 -001 56.151.10 Jones. Deborah & John Katzenberger2467 -04- 400 -009 S6.151.10 Mvers, Bob 2467 -04 -400 -010 $6.151.10 Bryan. Michelle & Jason Kahout 2467 -04 -400 -011 S6.151.10 Even, Timothy 2467 -04- 400 -012 $6,151.10 Janssen. Robert & Ginger 2467 -05- 400 -002 SU 5 1. 10 Redmount, Debra & Sean Patrick 2467 -05- 400 -003 S6.151.10 Stehling, Michael 2467 -05- 400 -004 56.151.10 Devan, Robert & Margaret 2467 -05- 400 -005 $6.151.10 Lightfoot. Janet 2467 -05- 400 - 006 $6,151.10 Jallifer. John Paul 2467 -05 -400 -007 $6.151.10 Berry. Sara & Erich 2467 -04- 300 -005 $6,151.10 Osentowski, Jerome 2467 -04 -300 -007 $6,151.10 Propane Services, Inc. 2467 -04- 300 -008 $6,151.10 Hunter. James B. 2467 -04- 303 -001 _ $6.151.10 4. That together with the FHEG Assessment described above, the Board of County Commissioners of Eagle County, acting as the Board of Directors for the Local Improvement District, shall also collect an annual maintenance assessment from the twenty -eight (28) existin <_ lots receiving access from the portion of Cedar Drive to be improved by the Federal Hazard Elimination Grant. The total amount of $6,000.00 shall be collected annually to maintain the improvements to Cedar Drive until such time as a metropolitan district is formed to assume such expenses and to fund further capital improvements to the roadways in the Cedar Drive neighborhood. The annual maintenance fee shall be assessed in the amount of $71.50 to the lots currently owned by Southwell, Bair, Woodward, and Hyrup as described in Section 3 above and in the amount.of $238.00 to the other twenty -four (24) lots described in Section 3. The County shall cease to collect the maintenance assessment in the year following the formation of the metropolitan district. 5. That upon finure subdivision of any of the parcels to be included in the Local Improvement District, as described above, the County shall collect a Local Improvement District assessment fee for each new lot created from such parcel in the same amount as the original parcel was assessed, which fee shall offset the total remaining assessment obligation owed to the County by the properties included in the Local hmprovement District. 6. That the name(s), address, and parcel number(s) to be included in the Local Improvement District of the petitioner are as follows: Name: fk145: fl;1'p i s 13 h& F — Address: 5 Parcel Number: ? -fi g'- 0 .- r r ?. Name: iv, r , , 51 p Address: Parcel Number: 2 WHEREFORE. the undersigned petitioner(sl asks the Board of Couniv Commissioner= ot"Ea.atc County, Colorado to form a local improvement districl for the purpose described herein. OWNER: It f 2 OWNER: Dated this day of 2011. *Do not sign Mr. and Mrs. --sign individually. Do not sign this petition unless you have read all of the text. /2011 19:20 Name: Address: 7088484278 Parcel Number: THE SACHEM CO L e,4 f4 r e c OKw 144 zr 0 3 ;/6 7- PAGE 04/04 WHEREFORE, the undersigned petitioner(s) asks the Board of County Commissioners of Eagle County, Colorado to form a local improvement district for the purpose described herein. OWNER: OWNER: — Dated this : da of .J r �' 2011. "Do not sign Mr. and Mrs. —sign individually. Do not sign this petition unless you have read ail of the text. 9 0 ISOM A ASSOCIATES 9 Architecture Land Planning Project Management June 14, 2011 Eagle County Board of County Commissioners P. O. Box 179 Eagle, Colorado 81631 RE: Cedar Drive Local Improvement District Dear Commissioners: The representatives for property owners accessing their property across Cedar Drive located northeast of Basalt would like to request a Public Hearing with the Board of County Commissioners to establish the Local Improvement District per the recent discussions with the Board and the work for funding this project that has been completed by Greg Schroeder. The organizers so far have 14 signatures and are working to get 3 more for a total of 17. There are 11 other property owners out of the total of 28 property owners who may or may not sign. According to the Eagle County records the assessed valuation of the properties that have signed plus the ones that expect to sign is $5,887,590. The assessed valuation for those who mayor may not sign is $4,248,210. The proponents of the Local Improvement District have over 50% of the total valuation for the 28 property located and accessing off of Cedar Drive. The proponents of the Local Improvement District would like to request that the Board of County Commissioners advertise for a meeting to be held in Eagle or Basalt/El Jebel to start the process for the formation of a Local Improvement District. The proponents will assist you in any way they can to set up the meeting but obviously it needs to be handled to meet the State Statutes for a Local Improvement District under Article I of Title 32 of the Colorado Revised Statutes. Accompanying is a spread sheet titled Petition for Formation of Cedar Drive Federal Hazard Elimination Grant, Local Improvement District, which lists the properties that have already signed, those that are pending, and those that have either not signed, are against the District, or have not been contacted to date. Copies of the signature pages are also attached for those that have signed. The originals of these signature pages will be brought to the Public Meeting. Attached is a copy of the letter that was sent to all the property owners accessing off Cedar Drive and a copy of the blank Petition. The proponents would like to thank the Board of County Commissioners for ongoing cooperation in putting this Local Improvement District together. EXHIBIT P.O. Box 9 Eagle, Colorado 81631 (970) 328 -2388 FAX (970) 328 -6266 JUN 1 5'2011 Eagle board of County COMMIGGinner5 If you have any questions concerning this request, please contact this office at (970) 328- 2388. The main coordinator for the proponents of this Local Improvement District is Janet Lightfoot who can be reached at (927) 927 -8868. Sincerely yours, Stephe Isom Coordinator for the Cedar Drive Local Improvement District CC: Robert Morris Greg Schroeder Board Members of Cedar Drive K101OEagleComtyBoardolComtyCom issioners06142011 Introduction and Explanation of the Petition for Formation of the Cedar Drive Federal Hazard Elimination Grant - -Local Improvement District From: The Cedar Drive Board Members To: Members of the Cedar Drive Maintenance and Fire Mitigation Association, Inc. (aka CDMFM) The reason for urgency to acquire the Federal Hazardous Elimination Grant money this year: • The $1.17 million (90% of the $1.3 million) has been funded by CDOT and is available as of July 2011 to begin engineering and construction of the .9 miles from the end of pavement at the intersection of Cedar Drive and Pinion Drive to the fork at Upper Cedar Drive and the Old Stagecoach Road. • Eagle County has used its resources beyond the $1.3 million in order to apply and quality for the grant money and they are part of our team. The current BOCC is willing to work with us to make this happen. • This is a once in a lifetime offer and the money will go away if we do not act ASAP. • It is mandatory to give better access to the fire department and emergencies service to our properties. • Currently, it is hard to get refinancing or appraisals on the land and homes that we own. Our homeowner's insurance might be compromised in the future. The reasons for forming an LID, Local Improvement District: • An LID will allow the Cedar Drive homeowners to finance the 10% funds to obtain the Federal Hazardous Elimination Grant money from CDOT along with additional funding for our legal fees and land planner fees. Since this is an Eagle County project, they will determine who will be hired as an Engineering Firm and who will be hired to perform the work. Therefore, the governing board should be the Board of County Commissioners and the LID will end at the end of the 10 year period after collecting the $155,000.00. We will be kept in advisement as to how and when Eagle County plans do the improvements to the road. The $155,000.00 was determined by the following: o 10% of $1.3 million for the homeowner matching funds = $130,000 o Karp, Neu Hanlon —attorney fees=$15,000 • This amount is roughly divided between the formation issues and the other tasks that are necessary for operation and funding of the LID and the Metro District. o Steve Isom —land planner = $10,000 • This amount is to assist the Board in starting the funding process, helping to find an attorney, helping to set up County meetings, and assisting in the road standard variance applications. • The Special Assessment(s) for the construction of the CDOT section of the road will be paid with the annual property taxes to Eagle County and financed over 10 years by Eagle County at an interest rate still to be determined. The Assessments will begin in the 2012 tax year. • The Special Assessment values on the Petition for the 4 lots at the beginning of Cedar Drive and the upper 24 lots were determined by the percentage of the road that is used by the individual lot owner. o $ 155, 000 /33.3%= $51,615 /all 28 lot owners= $1843.40 o $155,000 minus $51,615 (2/3's of the road)= $103,385/24 lot owners on the upper roads only = $4307.70 o Lower 4 lot owners pay the Special Assessment of $1843.40 EXHIBIT ' o Upper 24 lot owners pay $1843.40 plus $4307.70 = $6151.10 • The year in which a lot is subdivided and sold by the Worth's, the Bair's or their heirs, personal representative, successors and assigns of the parties, the new owner(s) will need pay the accrual amount of what has been paid for Special Assessments towards the $155,000.00 to date. This Special Assessment must be recorded in any listing contract and be part of the Off - Record Matters given to a buyer. At this time, the Assessment value for every lot owner will be recalculated to reflect the addition of another lot owner. The maintenance Assessment being collected will not be accrued from 2012 but will begin the year of the sale (see the following section). Funding for maintenance of the CDOT section of the road: • The Special Assessment for the maintenance will be collected with the annual property taxes until a Metro District is formed to provide funding for maintenance in perpetuity. Funding for maintenance of the CDOT section is a requirement by the BOCC in order for them to fund the $155,000.00. This Maintenance Assessment has no finance charges, will be turned over to the CDMFM Association for the sole purpose of maintenance and repair for this section. The amount of approximately $6000 /year was assessed at same percentage calculation shown above for the $155,000.00. Beginning in 2012, there will be an additional Special Assessment for the beginning 4 lots of $71.50 /year and the upper 24 lots of $238.00 /year. • The By -Laws will be changed to reduce the yearly amount being collected for maintenance from $400 to $162 ($400 less $238 collected by Eagle County) for the upper 24 lot owners. We are currently charging per owners (22 owners) instead of lots(24 lots) and this will change to the same Parcel ID ownership shown on the Petition. The lower 4 lots will only pay the Special Assessment for maintenance of $71.50 per year until the Metro District is formed and at which time, their mill levy will reflect the amount necessary for their share of the 33% of the road. They will be excluded in the By -Laws for any yearly assessments for maintenance but will still be part of the CDMFM. • The CDMFM will continue to do "trade in kind" for the amount collected through the Association from certain individuals and will contract for additional plowing, road grading and ditch maintenance from the funds collected by Eagle County from the yearly Special Assessment that is turned over to the CDMFM Association as mentioned above. It will be necessary for the CDMFM to acquire proper insurance to cover work being done on any part of the upper and lower roads by members of the CDMFM doing "trade in kind ". Individuals being paid to work on the road must provide the necessary proof of insurance for the work being done and 1099's will be issued. Once we have collected signatures on the LID petition from at least 50% of the property owners, a hearing will be scheduled in El Jebel with the Eagle County Board of County Commissioners, Eagle County Engineering and other staff members to move forward on the formation of the LID and answer additional questions. The reason for not forming a Metro District for the funding of the $155,000: • The formation of a Metro District to finance the 10% funds was a complicated process requiring a vote in November by registered Colorado Voters only which would determine a mill levy to be paid on each property's assessed value. This was determined to not be fair as each lot owner uses this portion of the road equally. The reason for formation of a Metro District: • Service fees and charges will apportion costs fairly among existing members even though the parcel sizes are disparate. While the present impact to the road is less for vacant /undeveloped land and lot owners will pay more taxes and therefore more mill levy for being vacant, this can be balanced through additional service fees for lot owners with residences and vs. the additional impact on the road to develop vacant land. • The mill levy assessed will be voted on by all lot owners that are registered Colorado voters but service fees will be voted on by all members. • We must provide a mechanism for maintenance of the improved CDOT portion of the road in perpetuity • We can allot costs for various portions of the road through the use of sub - districts or surcharges for benefitted areas, depending on the funding mechanism. • The upper road will become a sub - district divided into sections as to percentage of upper road used. Each section will pay their portion of the total amount necessary for the Engineering and improvements. • The upper lot owners that are interested in obtaining permits, according to the By -Laws, will pay a $2.00 per square foot assessment at the time a building permit is issued and will be applied towards the funding of the road improvements. • The lot owners on the lower road can opt to become a sub - district or they can exclude themselves from further funding for variance purposes if they are not interested in obtaining building and other permits from Eagle County. • You must consult your individual tax advisor regarding deducting the Special Assessments on your taxes. Any money collected through a mill levy is tax deductible. After the 10 years when the Special Assessment has been paid in full and the LID will end: • Once a Metro District is formed and lots are sold beyond the 10 year period for collection of the Special Assessment at which time the $155,000.00 has been repaid in full, the District can assess service fees and other charges directly to the new members. Variance process necessary for the Upper Cedar Drive and the lower road aka Old Stagecoach Road to obtain building permits: • The additional funds necessary to improve the upper and lower roads to meet the variance conditions to allow building permits is still under discussion as to how the money will be obtained from the homeowners. We will need to hire an Engineer to work on the variances and costs to improve the upper road and the lower road separately. • If a lot /homeowner chooses to opt out of the cost of improvements and decides later to get a permit from Eagle County, he /she or a new owner will pay the accrual amount of what has been paid to date for the Engineering and improvements or the permit will not be granted by the County. The unpaid fees will be recorded with Eagle County in order for a permit to be issued. • It will be necessary for all 24 lots owners to contribute to the repair only of the bad section of the lower road to achieve safe egress through the Dallenbach property. Cedar Drive Board of Directors: Bob Myers, Jeff Friday, Janet Lightfoot, John Lorton, Jinx Stone Cc: All members of the CDRA, Steve Isom, Karl Hanlon, Greg Schroeder