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HomeMy WebLinkAboutR89-003 cost of improvements in Lake Creek Meadows LIDa
CommizgIone l,.✓.-e Ick mowed adoption of
the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 84?— 3
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A © A RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVEMENTS
MADE IN EAGLE COUNTY, COLORADO, LAKE CREEK MEADOWS LOCAL
IMPROVEMENT DISTRICT MO. 1988 -1, IN THE COUNTS OF EAGLE, STATE
OF COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID
COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING
W d A SFARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE
M © DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND
PAYMIENT OF SAID ASSESSMENTS.
WHEREAS, by resolution dated July 12 1988 the Boar C
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Commissioners (the "Board " )of Eagle County, Colorado (the "County "),
10 created the Lake Creek Meadows Local Improvement Distri=ct, Eagle
UL County No. 1988 -1 (the "District ") within the County, for the purpose
0 of paying for local improvements to be constructed in the District;
and
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a WHEREAS, the whole cost of such improvements has been ascertained;
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10 } WHEREAS, as assessment roll has been prepared, a statement showing
the total cost of the improvements has bee?; duly filed with the Board,
� z and due notice was given that the Board would meet to hear and consider
o objections to the assessment roll on January 9, 1989 and that any
p
" complaints or objections which may be made in writing by the property
" J owners or any citizen to the Board and filed in *writing in the office
00 of the County Clerk within twenty (20) days of the publication of
W said notice, would be heard and determined by the Board before the
ram passage of a resolution assessing the cost of said improvements;
D_ and
a. J
CO WHEREAS, at the hearing hearing held on January 9, 1989, the Board heard
a and considered all objections to the assessment roll; and
�r a
i
M W s >HEREAS, from the statement made and filed with the County Clerk,
F it appears that the whole cost of the improvement
n1 s which will be
" z assessed a gainst gainst the real p rope r t y
e g prop,. �y sp benefited and included
M z within the. District is approved; and
CIO
in 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 proportions and amounts
severally set forth in the assessment roll;
BE IT RESOLVED BY THE BOARD OF COUNTY COIMISSIOAERS OF EAGLE
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COUNTY, COLORADO:
Section 1. Denial of Protest and Objections The protests and
objections to the assessment roll are hereby denied.
Section 2. Confirmation of Assessment Poll 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 E>hibit A, 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 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 of 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 two (2) installments of principal,
the first of which installments of principal and interest shall be
due and payable on April 30, 1939 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, 1990, with interest payable annually on the unpaid principal
amount at a rate not to exceed eight percent (8 ) per annum, commencing
as of the effective date of this Resolution, until paid in full.
Section 4. Penalty for Default or Aron- 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
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interest shall thereafter Chat ^) interest at the rate established
pursuant to 9 5 -12- 106(2), (3), C.R.S., until 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 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 in 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 neat 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
coil-ecting 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 laid. such lien shall have
priority over all other liens except general tax liens, and shall
se enforced in accordance with the laws of t State of Colorado.
;section 6. Assessments Against Divided or Subdivided Tracts
If any tract of real property included within the District is hereafter
.0 divided or subdivided into two or more such tracts or parcels, the
U. County Assessor is hereby authorized and directed to divide the
CA assessment against such tract in the same proportion that the tract
M itself is subdivided into two or more such parcels, and to certify
0 the revised assessments to the County Treasurer of Eagle County,
0 - Colorado.
Section 7. Notice of Payment of Assessments The County Clerk
shall forthwith cause notice of assessments due to be mailed by first
la j < e r as c las s mai �_o deli property oFmc - -_ a.sv�.,ved 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
o
to close, and shall be in substantially the following form:
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NOTICE OF ASSESSMENTS DUE
N FOR IMPROVEMENTS CONSTRUCTED IN THE
M
LAKE CREEK MEADOWS IMPROVEMENT DISTRICT NO. 198 -
tL IN EAGLE COUNTY, COLORADO
03
et
i PUF.L.IC i3OTICE IS rEREBY GIVEN that all assessments or any portion
M of the assessment 'levied against property within ..wane Creed. Meadows
M
No. 1928• -1, Eagle County, Colorado, may be paid at the office of
N the Ce'_i_Ity Treasure =" o Eagle Cvt,nty, at any Lime on or before February
Q 8, 1989, which is thirty (30) days after the effective date of the
01 assessment resolution, without penalty, interest or costs. The
effective date of the assessment resolution is January 9, 198 9.
-3-
All assessments not paid on or before the expiration of said
thirty -day period c-iill bear interest at a rate not to exceed eight
percent (3%) per annum.
The assessments may be paid in two annual installments, with
interest on unpaid installments, the first installments being due
and payable on April 30, 1989, and the subsequent installment shall
be due and payable on Apr_J! 30 1990, 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
resolution, until paid in full. The installments of assessments
are payable at the office of the County Treasurer of Eagle County,
in Eagle, 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
January, 198
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/ 's/ johnnette Phillips
County Clerk and Recorder
Section 8. Severabillity. If any one or more sections or parts
of this Resolution shall be adJudged unenforceable or invalid, such
Judgrt shall not affect, impair, or invalidate the remaining
provisions of ti,is Resolution, it being the intention that the various
- orovisions hereof are severable.
I '-epealer. All Resolutions or parts thereof in conflict
with ti ResoAitl
ra 's -on 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
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MOVED, READ AND ADOPTED by the Soars! of County Commissioners
of the County of Eagl: State of Colorado, at its regular meeting
held the day 0
COUNTY OF EAGLE, STATE OF
By and Through Its BOARD
COMMISSIONERS
COLORADO,
OF COUNTY
GeorqO A. Ga es, Chairman
as Commissioner seconded adoption of
tz the foregoing resolution. TI ?e r:7ll I:aving been called, the vote
c was as follows:
o Commissioner George A. Gates
Commissioner Donald H. welch
Commissioner Richard L. Gustafson
0
This Resolution passed by C> vote of the Board of County
Commissioners of the County e Eagle, State of Colorado.
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4V U11O`( '`- V1R111SJJ1VSSCIJ
ASSESHENT ROLL-LAKE CREEK MEADOWS LOCAL
IMPROVEMENT DISTRICT
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LOT #
ASSESSMENT
4
5
6
7
9
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13
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15
16
17
18
19
- 40
21
22
12,
24
25
26
27
IS
09
30
31
32
33
34
35
36
37
38
Eagle Crest, Idiewild and Elk Place Local
Improvement District, Blocks 6-38
OWNER
Peters & Patti
S 331.0
Dan Coffey
531.18
John Boles
531.18
John Soles
531.18
William Richard Murphy
531.18
John
531.18
Richard Gustafson
531.18
Prange
531.18
Jo Ann Levy
531.18
F. Blake Lynch
531.18
David Ortiz
531.18
David Haakenson
531.18
Cynthia Eskwith
531.18
Joseph Schmitt
531.18
Gallegos
531.18
HK Lake Creek, LTD.
531.18
John Horan-Kates
531.13
Michael Pschorr
531.18
Michael Cole
531.18
James Snyder
531.18
Robert Arnold
531.18
John H. Weinstock
531.18
Anthony Goodearl
531.18
Norman Mark Dinerman
531.18
Charles F. Vance
531.13
John Doyle Graeme
531.18
Loy Van Vieet
531.18
Fisher Fader Partnership
531.18
Leslie Biven
531.13
P.R. Felli
531.18
Martin Hijmans, Brenda La Grange
531.18
Ellsworth Grubbs
531.18
Frank McNeill
531.18
Donna Howe
531.18
Edward Close
531.18
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