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Home My WebLink About891141.tiff AR2198584 RESOLUTION RE: ASSESSMENT OF COSTS OF IMPROVEMENTS FOR WELD COUNTY KNAUS SUBDIVISION, FIRST FILING, LOCAL IMPROVEMENT DISTRICT NO. 1989-3 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the to affairs of Weld County, Colorado, and N a N W WHEREAS, in accordance with C.R.S. , Section 30-20-607, as 1/4O 1/40 amended, a statement of expenses and apportionment has been filed with the Weld County Clerk and Recorder by the Weld County Engineer, and k o WHEREAS, pursuant to C.R.S. , Section 30-20-608, there has been proper notice of this hearing and of the costs of the co improvements, and the share to be assessed to each lot, and Ca. WHEREAS , there were no complaints or objections, and there appeared to be no reason to make modifications to the Statement of y � Apportionment filed herein and attached hereto and incorporated H herein by this reference as Exhibit "A" , and z w co WHEREAS , the Board finds that the property described herein r 1/4O as each individual lot in the Knaus Subdivision, First Filing, as recorded at Book 573, Page 01494916 , of the records of the Weld County Clerk and Recorder, as well as the property owned by Dwight el n R. and Judy L. Schmidt and described as Lot "B" of Recorded Z 0 Exemption No. 0959-8-1-RE1213 according to the map recorded November 7 , 1989 , in Book 1248 , Reception #2196714 , has 0 specifically benefitted from the proposed improvements for the 0 following reasons: z o a. The market value of the property will increase; and o 0 b. The improvements have adapted the property for a n more profitable use; and 0 Ia c. The proposed improvements will facilitate access to on o each of the properties and thereby increase the convenience of use of said property; and d. There will be an alleviation of fugitive dust, eliminating the health hazards to the benefitted properties and to users of the public roads to be improved; and 891141 Page 2 RE: ASSESSMENT OF COSTS - KNAUS SUBDIVISION FIRST FILING e. The alleviation of fugitive dust will reduce maintenance costs to the subject properties and paving will lessen the maintenance required for a public road, and 0.1a WHEREAS, this Resolution shall be prima facie evidence of the fact that the property assessed is benefitted, the amount of the on) assessment, and that the assessment has been lawfully levied. 0 ke NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado: 0 a. That the owners of the property described as Lots 1 z through 19 of the Knaus Subdivision, First Filing, o0 as recorded at Book 573 , Page 01494916, of the m u, co records of the Weld County Clerk and Recorder, as a a well as the property owned by Dwight R. and Judy L. W Schmidt and described as Lot "B" of Recorded y Exemption No. 0959-8-1-RE1213 according to the map ens recorded November 7, 1989, in Book 1248, Reception zoo #2196714 , of the records of the Weld County Clerk n co and Recorder are hereby assessed the sum of r $27, 487 .55 to be divided equally among all lots and t" parcels for a per lot or parcel assessment of to $1, 374 . 38 . co - to xco b. That a local improvement district for the construction and installation of street O improvements was created by Resolution of this 6 Board on August 23 , 1989 . Said local improvement tea 41district has been designated as "Weld County Knaus Subdivision, First Filing, Local Improvement VI 00 District No. 1989-3" and all proceedings heretofore taken by the Board of County Commissioners and the County staff and adopted in connection with the pr, District are hereby ratified, approved, and confirmed. n 0 t c. That the Statement of Expenses and Apportionment has been submitted based upon the fact that there has been completion of the entire local improvement as previously authorized. d. The total cost of the improvements has been determined to be $27, 487.55, not including the cost borne by the County for improvements to the gravel road, engineering, and administrative fees . The Statement of Expenses and Apportionment advises, and this Board ratifies , the finding that each of 891141 Page 3 RE: ASSESSMENT OF COSTS - KNAUS SUBDIVISION FIRST FILING the lots described as belonging within the Local Improvement District has been specifically benefitted and each lot shall be assessed equally on a per lot basis the cost for materials and labor in the amount of $1, 374 .38. e. The assessment being levied for the improvements shall be due and payable within thirty (30) days Pt m after the effective date of this assessing c N Resolution. However, all such assessments may be a paid at the election of the owner in ten (10) '-"° equal , annual installments of principal, with VIt installments of interest on unpaid installments, at qcn an interest rate of ten percent (10%) simple K a interest per annum. The first of said installments 51 N of assessment shall be due and payable prior to May z 1, 1990, and the remainder of the annual N installments or assessments in annual payments of c co a interest shall be due and payable successively on m the same day each year thereafter until all are X , paid in full. tit. H N f. The County Clerk and Recorder shall prepare a local z co assessment roll, in cooperation with the Weld n o County Treasurer and Accounting Department, in a m form showing in suitable columns , each parcel of x Ea land assessed, the total amount of assessment, the U °" amount of each installment of principal and v, interest if, in pursuance of Part 6 of Article 20 X of Title 30 , Colorado Revised Statutes , the same is o payable in installments, and the date when each o installment will become due, with suitable columns 0 for use in case of payment of the whole amount or z o of any installment or penalty, and shall deliver E o the same, duly certified, under the County seal, to t' o the County Treasurer for collection. d g. Failure to pay the whole assessment prior to o w ..January 1 , 1990 , shall be a conclusive o determination and held to be an election on the n o O4-^ part of all persons interested, whether under disability or otherwise, to pay in such installments . All persons so electing to pay in installments shall be conclusively held and considered as consenting to said improvements. Said election shall be conclusively held and 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 891141 Page 4 RE: ASSESSMENT OF COSTS - KNAUS SUBDIVISION FIRST FILING regularity or sufficiency of the proceedings , the validity or correctness of the assessments, or the validity of the lien thereof. a h. That all Resolutions or parts thereof in conflict CO ~NI with this Resolution are hereby repealed, in a a particular the inclusion of the parcel as described N lD in the deed recorded at Book 1220 , Reception x #02166694 in the Local Improvement District is x o hereby repealed except to the extent included in k o Paragraph a. herein. z i. Failure to pay any installment, whether principal m to or interest, when due shall cause the whole of the te, co unpaid principal to become due and collectible O '" immediately, and the whole amount of the unpaid xn principal and accrued interest shall thereafter A ,r draw penalty interests at the rate of one percent m - per month from the first day of May until the day op z of payment, or until the day of sale. In computing (, w the amount of penalty interest due under this ri `° section, portions of months shall be counted as x r whole months. cri Q, .. to BE IT FURTHER RESOLVED by the Board of County Commissioners woo that the effective date of this Resolution shall be December 1 , n 1989 . d The above and foregoing Resolution was, on motion duly made z o and seconded, adopted by the following vote on the 20th day of £ c November, A.D. , 1989 . m 0 BOARD OF COUNTY COMMISSIONERS ATTEST: (.1 Q; ; WELD COUNTY,_ COLORADO O -, 0 Weld County Jerk and Recorder /� p ui o and Clerk to the B d C. W. Kirby, hairman By: EXCUSED DATE OF SIGNING - AYE Deputy County erk Gene R`. 7Brrantner,, Pro -Tem APP VED AS TS � Tyen.c ��/ oC ' La Constance L. Harbert County Attorney 14j_ eorge e ned Gor . Lac 891141 r_ _ c, ft V 3, ,, MARY ANN FEUERSTEIN WELD COUNTY CLERK AM' PECC 'E• C P.O. BOX 758 WIlD GREELEY. COLORADO 8053? (303) 356-4000 EXT. 4225 COLORADO November 30, 1989 Herschel L. Hoover 1010 77th Avenue Greeley, Colorado 80634 Dear Mr. Hoover: The Board of Weld County Commissioners, on November 20, 1989, approved the Weld County Knaus Subdivision, First Filing, Local Improvement District Number 1989-3. Pursuant to the attached Resolution, each lot in the District has been assessed $1,374.38. You may pay this amount to the Weld County Treasurer prior to January 1, 1990. When making your payment, please advise the Treasurer's Office that the payment is for the assessment concerning the Knaus Subdivision Local Improvement District. Should you choose not to pay in full by January 1 , 1990, you will pay in ten (10) equal annual installments at a simple interest rate of ten percent (10%) per annum, with your first payment being due on or before April 30, 1990. This amount will he separately billed tc you after January 1, 1990. Sincerely, Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Board )1 onmie Antuna eputy County Cler 891141 EXHIBIT "A" die mEmoRcinpurti Acip wire To Clerk to the_Bnard Date fiber 17, 1989 COLORADO From Drew Srhe1 tinga. County Engineer Subject: Knaus Subdivision. 1st Filing, Improvement District Construction for the Knaus Subdivision, 1st Filing, improvement district, has been completed. 956.34 tons of asphalt was used for the paving. At 'i Gf the County's average cost of $21.57 for asphalt and laydown, the cost was N r O $20,628.25. The cost for the shoulders was $6,859.30. The total to be a charged to the district should be $27,487.55. w �o The district petition indicated the cost per parcel for the 20 parcels in r the district should not exceed $1,400.00 each. Therefore, the cost to the district should not exceed $28,000.00. The final construction costs, as 2 indicated above, are slightly under $28,000.00. Z w it VI The assessment to each parcel should be $27,487.55 divided equally among C co 20 parcels, or $1,374.38 per parcel. I request the Clerk to the Board proceed with the appropriate advertising. tri H1 H zm r � 7C F' u, X CO [ri • C1 til i/ U O O G7 r. oN 0 o � DLS/mw:mwmks xc: Commissioner Lacy Lee Morrison, Assistant County Attorney Knaus Subdivision, 1st Filing, Improvement District File 891141 KNAUS SUBDIVISION, FIRST FILING, IMPROVEMENT DISTRICT PROPERTY OWNERS Herschel L. Hoover 1010 77th Avenue Greeley, Colorado 80634 Lot 1, Knaus Subdivision 1st Filing #095908001001 Joe S. & Linda D. Soto 7615 West 11th Street Greeley, Colorado 80634 Lot 2, Knaus Subdivision 1st Filing #095908001002 Michael E. & Judith A. Seery 7521 West 11th Street Greeley, Colorado 80634 Lot 3, Knaus Subdivision 1st Filing #095908001003 James A. & Nenita A. Herman 7515 West 11th Street Greeley, Colorado 80634 Lot 4, Knaus Subdivision 1st Filing #095908001004 Carlton G. & Rose Mary Dennis 1199 76th Avenue Greeley, Colorado 80634 Lot 5, Knaus Subdivision 1st Filing #095908002005 Randy C. & Anita J. Ginther 1113 76th Avenue Greeley, Colorado 80634 Lot 6, Knaus Subdivision 1st Filing #095908002006 Robert H. & Carleene J. Lehmann 1111 76th Avenue Greeley, Colorado 80634 Lot 6, Knaus Subdivision 1st Filing #095908002007 Roy J. , Jr. , & Margaret L. Dolby 1101 76th Avenue Greeley, Colorado 80634 Lot 8, Knaus Subdivision 1st Filing #095908002008 Charles E. & Velma A. Walton 1100 77th Avenue Greeley, Colorado 80634 Lot 9, Knaus Subdivision 1st Filing #095908002001 831141 Betty Martin c/o NCS 1106 77th Avenue Greeley, Colorado 80634 Lot 10, Knaus Subdivision 1st Filing #095908002002 Betty Martin 323 Oak Street Windsor, Colorado 80550 Lot 11, Knaus Subdivision 1st Filing #095908002003 Mae C. & Robert E. Huffman 1118 77th Avenue Greeley, Colorado 80634 Lot 12, Knaus Subdivision 1st Filing #095908002004 Bonnie M. Rogers 1202 77th Avenue Greeley, Colorado 80634 Lot 13, Knaus Subdivision 1st Filing #095908003001 Lawrence Roy & Susanne Leslie Biork 416 38th Avenue Greeley, Colorado 80634 Lot 14, Knaus Subdivision 1st Filing #095908003002 Wilbur L. & Norma E. Zeller 7600 West 12th Street Greeley, Colorado 80634 Lot 15, Knaus Subdivision 1st Filing #095908003003 Joe & Margie Gonzales 1188 76th Avenue Greeley, Colorado 80634 Lot 16, Knaus Subdivision 1st Filing #095908003004 Randall G. & Thelma Jean Sup 1112 76th Avenue Greeley, Colorado 80634 Lot 17, Knaus Subdivison 1st Filing #095908003005 Paul J. & Virginia M. Tandus 1108 76th Avenue Greeley, Colorado 80634 Lot 18, Knaus Subdivision 1st Filing #095908003006 Paul E. & Barbara M. Larimore 1102 76th Avenue Greeley, Colorado 80634 Lot 19, Knaus Subdivision 1st Filing #095908003007 Page 2 of 3 881141 Judy L. & Dwight R. Schmidt 1429 13th Street Greeley, Colorado 80631 Pt. S}NE}/N}SE} 8-5-66 #095908000017 List updated from Assessor's records 11/20/89 Page 3 of 3 C.,7 " 1 4('‘'41•I mEmoRAnDum WII'Dc. To Clerk to the Board Date ber 17, 1989 COLORADO From Drew Scheltinga. County Engineer Subject_ Knaus Subdivision, 1st Filing, Improvement District Construction for the Knaus Subdivision, 1st Filing, improvement district, has been completed. 956.34 tons of asphalt was used for the paving. At the County's average cost of $21.57 for asphalt and laydown, the cost was $20,628.25. The cost for the shoulders was $6,859.30. The total to be charged to the district should be $27,487.55. The district petition indicated the cost per parcel for the 20 parcels in the district should not exceed $1,400.00 each. Therefore, the cost to the district should not exceed $28,000.00. The final construction costs, as indicated above, are slightly under $28,000.00. The assessment to each parcel should be $27,487.55 divided equally among 20 parcels, or $1,374.38 per parcel. I request the Clerk to the Board proceed with the appropriate advertising. DLS/mw:mwmks xc: Commissioner Lacy Lee Morrison, Assistant County Attorney Knaus Subdivision, 1st Filing, Improvement District File 63'1141 NOTICE OF COMPLETION OF LOCAL IMPROVEMENT IN THE WELD COUNTY KNAUS SUBDIVISION FIRST FILING, LOCAI. IMPROVEMENT DISTRICT NO. 1989--3 STATEMENT OF COST; AND PORTION TO BE ASSESSED UPON EACH LOT Docket No. 89- 32 All owners of real estate and property hereinafter described and e.1l persons generally, are hereby notified that the Board of County Commissioners of Weld County, Colorado, has received a Notice of Completion, Statement of Expenses, and Apportionment regarding the Local Improvement District within unincorporated Weld County, Colorado, designated as Weld County Knaus Subdivision, First Filing, Local Improvement District No. 1989-3, all in accordance with the laws of the State of Colorado. The property within the Local Improvement District Is described as follows: Each individual lot in the Knaus Subdivison, First Filing, as recorded at Book 573, Page 01494916, of the records of the Weld County Clerk and Recorder, as well as the property conveyed to Dwight R. and Judy L. Schmidt at Book: 1220, Reception. #02166694. 1 . All persons are further notified that the whole cost of the improvements as has been completed is $27,487.55, which excludes any costs which have been assumed by the County in terms of improvements to the gravel roads, engineering, and administrative fees. The costs to he apportioned to the landowners are the costs of the labor and materials for installation of the hot bituminous pavement and base preparation and installation of traffic cont:.-o1 devices, which is to be apportioned equally among the 20 lots in an apportionment of $1,374.38 per lot. 2. Any owner of the affected lots may file a complaint or objection in writing addressed to the Weld County Board of County Commissioners, 915 Tenth Street, P.O. Box 758, Greeley, Colorado 80632, which objection must be filed within twenty (20) days from the publication date of this notice. Any complaint or objection properly made will be heard and determined by the Board of Count- Commissioners before the passage of any Resolution assessing the costs of the improvements. 3. The hearing where such complaints or objections will be heard will be on the 20th day of November, 1989, at or about 9:00 a.m. , Jr the First Floor Meeting Room of the Centennial Center, 915 Tenth Street, Greeley, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEIJERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: October 18, 1989 PUBLISHED: October 26, 1989, in The New News 891523 0 0O1 7 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail , postage prepaid, addressed to the following property owners within the Weld County Enaus Subdivision, First Filing, Local Improvement District No. 1989-3. Herschel L. Hoover 1010 77th Avenue Greeley, Colorado 80634 Joe S . & Linda D. Soto 7615 West 11th Street Greeley, Colorado 80634 Michael E. & Judith A. Seery 7521 West 11th Street Greeley, Colorado 80634 James A. & Nenita A. Herman 7515 West 11th Street Greeley, Colorado 80634 Carlton G. & Rose Mary Dennis 1199 76th Avenue Greeley, Colorado 80634 Randy C. & Anita J. Ginthex 1113 76th Avenue Greeley, Colorado 80634 Robert H. & Carleene J. Lehmann 1111 76th Avenue Greeley, Colorado 80634 Roy J. , Jr. , & Margaret L. Dolby 1101 76th Avenue Greeley, Colorado 80634 Charles E. & Velma A. Walton 1100 77th Avenue Greeley, Colorado 80634 Betty Martin c/o NCS 1106 77th Avenue Greeley, Colorado 80634 Betty Martin. 323 Oak Street Windsor, Colorado 80550 Mae C. Huffman 111.8 77th Avenue Greeley, Colorado 80634 Bonnie M. Rogers 1202 77th Avenue Greeley, Colorado 80634 Lawrence Roy & Susanne Leslie Bjork 416 38th Avenue Greeley, Colorado 80634 Wilbur L. & Norma E. Zeller 7600 West 12th Street Greeley, Colorado 80634 Joe & Margie Gonzales 1138 76th Avenue Greeley, Colorado 80634 Randall G. & Thelma Jean Sup 11:L2 76th Avenue Greeley, Colorado 80634 Paul J. & Virginia M. Tandus 1108 76th Avenue Greeley, Colorado 80634 Paul E. & Barbara M. Larimore 1102 76th Avenue Greeley, Colorado 80634 Judy L. & Dwight R. Schmidt 1429 13th Street Greeley, Colorado 80631 pp DATED this e day of (Pet--4-2, , 1989 . eb� Deputy ounty C k St I All owners s of real estatehth aanndd Irma&w at*the 1-6t Eg6y' MIN:itneli _ �aeNdke a rWwithin o, led as WI NUM Im• provement District No. I aState of Colorado The ll Nnee�accordaa w tb a laws or as T.aIvemenrt)nNiahlict �dnrtrl6Yd usl FFOWao intli FIAL FWna, : i FA�FaL_triL CR1SN ReeeptMa t 01.11 mons are further notated that be whole tof fh:Went m a� Ge v to be 10 leaf which 1. ihi rikeletTseit;ir,„. .is,.... ootppt =WPM Cott�dY 919 Tenth) O. ro�yya be Any d thtd will d _.,\ _ Countyg=ru y� / )1? / '� me Toots the l Auch 1 whwe 01 � !. A.a�td�pwar be as •0a t � t . -)n head a.m., In 1 , el cr BO LD BY: N n7 � �� p� ty Affidavit of Publication SLATE OF :OLORADO ss. County of Weld. [, Lorita Seidler A1 said County of Weld, being duly sworn, say that I : Tr an advertising clerk of _ THE GREELEY DAILY TRIBUNE, and aro THE GREELEY REPUBLICAN Isar ':LfWatYa a that the s.,me is a daily newspaper of gem al circulation bad printed and published n the City )f Greeley, in said county and state; that the notice rr Wahl dale. advertiseme it, of which the annexed is a true copy, I' is Mad Ir Krum &slamk VS been published in said daily newspaper for consecuri 'e dImProvemenMORA a- (days) (vMe ; that the notice was published in re Pity ?I!e ithregular and entire issue of every nr mber of c,rd d�yaW"'u' newspaper during the period and time o' pubhcatior )f Kr�r y 944, said notice, and in the newspaper proper arid not ir a yagasupplement thereof; that the first publication of of said and Re. tM notice was contained in the issue of said newspar ar corder, ,Y tryDis bearing date fron a + ILI orty Thirtieth — -_-- - I. Ina notified th tM who*coot further ---.--_- __.._. - --- --- --- --- �dle ee bean day of_ October A 19— '1 Gewdyhn°m and the last publication thereof in the issu, of id Wu m the newspaper bearing date the.. =trait�eea ii owu a Thirtieth be ddams.aghe w the y;*or end a day of October q D 19__ 3 that said TFe Greeley Daily Tribune and The Greeley � �tl�Ya Republican, has been published continuously c,d fi aae 'lei uninterruptedly during the period of al least ix 2. Mwe s v al Ow ah months next prior to the first issue thereol ,ontain id baled at O**Innst000 Ma glad said notice or advertisement above referred to that said to 110 Weld ilra'°6tyntes Nit newspaper has been admitted to the United Sta•es =Cohos which thereof;mails as sec,nd-class matter under the provisions of r re t be v+Idiln Act of Marc ,' 3, 1879. or any amendments a id byway rotes hem the d tMi nohow that said newspaper is a daily newspape duly gualiti ,c1��J' ramie for publishing legal notices and adverti,ements will in WprztormsztM beb°a the meanin< of the laws of the State of Colorado asmistras°'"« "` October 30, 1989 vduaa arch b%e Total Charge:__$30 OS Ltitarg 1r-W.7: „ly'" C'?�.: - Advertising Clerk T er:hawy � o;L4 .K 27.t aii.,..h.,K Subscribed and sworn to before me this 30th d,,y of October Al). 19 ! 3. My commision expires 7-2-7- C- ?I - -- ____ _ « 1 Notary Public Hello