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R89-003 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 U 00 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 �1 , r d OL Oiit.Ly 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 0 a WHEREAS, the whole cost of such improvements has been ascertained; ,a W and ,o _j U 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 9 I 0 N 0 a. -15 0 o� m Q� a ti 4 N M ti a m o� et M N M Er M 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 -2- 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: 4 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 �O LL 0 O O 0 0 I r�Y M N C It 01 M / '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 -4- , 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. m o 0 0 N M I d P y M N M d' M M - 5 - 4V U11O`( '`- V1R111SJJ1VSSCIJ ASSESHENT ROLL-LAKE CREEK MEADOWS LOCAL IMPROVEMENT DISTRICT (n ' K !4 al WX I 0 co ti 0 od ti C -t LOT # ASSESSMENT 4 5 6 7 9 Q 13 0 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 M rd rq Et