HomeMy WebLinkAbout930367.tiff RESOLUTION
RE: CREATION OF WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO.
1993-2
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 affairs of Weld County, Colorado, and
WHEREAS, in accordance with Section 30-20-603, Colorado Revised Statutes,
as amended, certain local improvements may be initiated by action of the Board
of County Commissioners upon petition subscribed by a majority of the owners of
property who would bear more than one-half of the total proposed assessments
within the district, and
WHEREAS, the Board of County Commissioners has determined to create a local
improvement district which includes all or portions of Lots 1 through 11, Lots
18 and 19, Lots 23 and 24, and Lots 37 through 43 of Johnson Subdivision as
recorded under Reception Number 1426164, and Lots 12 through 17, Lots 25 through
36 of Johnson Subdivision, First Addition, as recorded under Reception Number
1540736, all in relation to the 6th P.M. in an unincorporated portion of Weld
County, Colorado, with the exception of Lots 30 and 31 of Johnson Subdivision,
First Addition, which are within the City of Greeley, in an area generally known
as Johnson Subdivision, an area north of the City of Greeley, Colorado. Also
included within the district are the rights-of-way for 38th Avenue between West
4th Street and 40th Avenue, 40th Avenue between West 4th Street and 'B' Street,
'B' Street at its intersection with 40th Avenue, and the 40th Avenue cul-de-sac
north of West 4th Street, all within Johnson Subdivision and Johnson Subdivision
First Addition, in an area north of the City of Greeley, Colorado. Said creation
of the local improvement district is based upon the petition of owners of 31 of
the 40 lots and parcels in said proposed local improvement district.
WHEREAS, the petition has been filed with the Clerk to the Board of County
Commissioners and is attached hereto as Exhibit "A", to construct certain
improvements on 38th Avenue between West 4th Street and 40th Avenue, 40th Avenue
between West 4th Street and 'B' Street, 'B' Street at its intersection with 40th
Avenue, and the 40th Avenue cul-de-sac north of West 4th Street, all within
Johnson Subdivision and Johnson Subdivision First Addition, in an area north of
the City of Greeley, Colorado, which improvements are described in the
Resolution, and
WHEREAS, notice of a public hearing concerning creation of the district and
the construction and installation of the improvements therein has been given by
publication in one issue of the Windsor Beacon, a newspaper of general
circulation in the County, not less than thirty days prior to the date of
hearing, in addition, a notice was delivered or mailed by first class mail to
each property owner within the proposed district not less than ten days prior to
the hearing, and
930367
RE: CREATE WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1993-2
PAGE 2
WHEREAS, at the time and place set forth in the notice, the Board of County
Commissioners met in open session for the purpose of hearing and considering any
objections and protests that might be made against the proposed district or the
improvements to be constructed or installed, and
WHEREAS, the City of Greeley has considered giving consent to including the
two lots located within the City of Greeley which consent should be final June
1, 1993, and
WHEREAS, the Board of County Commissioners considered any protests and
objections presented in writing or by appearance at the hearing, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to the laws of the State of Colorado, hereby finds and determines that
there exists a necessity for the creation of a local improvement district within
unincorporated Weld County, Colorado, to be designated as Weld County Johnson
Subdivision Local Improvement District No. 1993-2, and the construction and
installation therein of certain improvements said improvements being found to be
in the best interests of the inhabitants of the area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
A. That a local improvement district for the construction and
installation of street improvements, to include shaping, grading,
drainage, preparation of the base and grading, compaction, and
paving, together with any necessary incidentals on certain County
roads as hereinafter described, is hereby created and established in
accordance with the laws of the State of Colorado, and shall be
known and designated as "Weld County Johnson Subdivision Local
Improvement District No. 1993-2." All proceedings heretofore taken
by the Board of County Commissioners and the County staff and then
ratified in connection with the district are hereby ratified,
approved and confirmed. This proposal to create said district was
initiated by the Board of County Commissioners by Resolution of
February 17, 1993, upon a petition, proper in form, subscribed by a
majority of the owners of property who will bear the cost of more
than one-half of the total proposed assessment in the district and
notice duly given as heretofore stated.
B. That the Engineer's reports, together with all of the details,
specifications, estimates, maps and schedules thereto attached or
appended, are hereby approved and adopted.
930367
RE: CREATE WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT N0. 1993-2
PAGE 3
C. That the area to be included with the district includes all or
portions of Lots 1 through 11, Lots 18 and 19, Lots 23 and 24, and
Lots 37 through 43 of Johnson Subdivision as recorded under
Reception Number 1426164, and Lots 12 through 17, Lots 25 through 36
of Johnson Subdivision, First Addition, as recorded under Reception
Number 1540736, all in relation to the 6th P.M. in an unincorporated
portion of Weld County, Colorado, with the exception of Lots 30 and
31 of Johnson Subdivision, First Addition, which are within the City
of Greeley, in an area generally known as Johnson Subdivision, an
area north of the City of Greeley, Colorado. The district shall
also include the rights-of-way of the County roads described herein.
D. That Weld County, Colorado, plans to accept bids for contracts to
shape, grade, drain, and pave 38th Avenue between West 4th Street
and 40th Avenue, 40th Avenue between West 4th Street and 'B' Street,
'B' Street at its intersection with 40th Avenue, and the 40th Avenue
cul-de-sac north of West 4th Street, all within Johnson Subdivision
and Johnson Subdivision First Addition, in an area north of the City
of Greeley, Colorado, and install primary driveway approaches. The
resulting roadway shall have 12-foot travel lanes with 4-foot
shoulders on each of the above described roads. The base course
preparation is to include final grading, wetting and compaction.
Paving shall include placement of 2 inches of hot bituminous
pavement on the above described roads. All work is to be built
according to Weld County specifications and be approved by the Weld
County Engineer. The major construction quantities include 1477
tons of hot bituminous pavement as well as traffic control devices
for control of the construction area.
E. That the construction and installation of the improvements in and
for the district, as shown by the plans, specifications and maps
thereof, prepared by the Weld County Engineer and approved by the
Board of County Commissioners of Weld County, and now on file in the
office of the Clerk to the Board, be, and the same hereby are,
authorized and ordered, the materials to be used in the construction
of said improvements to be in accordance with such maps, plans, and
specifications.
F. That the probable cost of the improvements to be assessed to
property within the district, based upon the best information
available to this Board and formulated in good faith, is $55,997.
This represents an estimate of the costs of the labor and materials
for installation by contract of the hot bituminous pavement and base
preparation and installation of traffic control devices.
930367
RE: CREATE WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1993-2
PAGE 4
Based on the findings and determination of this Board, each of the
lots described in Paragraph C herein is to be specifically
benefitted and each lot shall be assessed equally on a per lot basis
the amount based on costs for materials and labor for the paving in
the amount of $1, 400 per lot. This will not include any costs
assumed by the County, including engineering and administrative fees
and any improvements made to the gravel roads prior to the contract
work being performed.
G. That the assessment to be levied for the improvements shall be due
and payable within thirty (30) days after the effective date of the
assessing resolution or ordinance. However, all such assessments
may be paid at the election of the owner, in ten equal, annual
installments of principal with installments of interest on unpaid
installments at an interest rate of eight percent (8%) simple
interest per annum. The first of said installments of assessment
shall be due and payable prior to May 1, 1994, or at such time as
may be indicated in the assessing resolution or ordinance. The
remainder of the annual installments or assessments and annual
payments of interest shall be due and payable successively on the
same day each year thereafter until all are paid in full.
H. That the Board of County Commissioners, pursuant to Section
30-20-606, Colorado Revised Statutes, hereby finds and determines
that each of the described lots and parcels will specifically
benefit from the proposed improvements based on the following facts:
1) The market value of the property will increase;
2) The proposed improvements will adapt the property to a more
profitable use;
3) The proposed improvements will facilitate access to the
properties and thereby increase the convenience of use of said
properties;
4) 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
5) The alleviation of fugitive dust will reduce maintenance costs
to the subject properties and paving will lessen the
maintenance required for a public road.
I. That all resolutions or parts thereof in conflict with this
resolution are hereby repealed, but all portions of the resolution
indicating the intent to create the district not in conflict with
the provisions of this resolution are re-enacted as if set forth
herein.
930367
RE: CREATE WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1993-2
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following
vote on the 19th day of May, A.D. , 1993.
kiteet BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY. COLORADO
Weld County Clerk to the Board Z ;z5,��+v96e,!
Constance L. Harbert, Chairman
BY:71,44_,S 4_S EXCUSED
Deputy Cler to the r W. H Webster, Pyo-Tem
APPROVED AS TO FORM: -E- Cl/ fix
. George Baxt r
ounty Attorney Dale K. Hall
arbara J. Kirkm yer
930367
LX hi ID( fA ,
PETITION FOR LOCAL IMPROVEMENT DISTRICT
TO: Board of County Commissioners
Weld County, Colorado
P. 0. Box 758
Greeley, Colorado 80632
We, the undersigned citizens of Weld County, who are owners of
record of real property, propose to be assessed the costs of paving, and
which property will benefit from improvement of:
38th Ave. between W. 4th St. and 40th Ave. ,
40th Ave. between W. 4th St. and 'B' St. ,
'B' St. at its intersection with 40th Ave. ,
and the 40th Ave. cul-de-sac north of W. 4th St. ,
all within Johnson Subdivision and Johnson
Subdivision First Addition;
situated in Weld County, Colorado, do hereby petition the Honorable Board
of County Commissioners of the County of Weld, State of Colorado, for the
formation of a local improvement district pursuant to CRS, 30-20-601, et
seq. We represent that the real property listed in this petition(s) will
be assessed more than one-half of the estimated $49,500 in costs proposed
to be assessed to the local improvement district. Such improvement
district is for the purpose of:
Paving the above described streets;
The specific improvements we wish to have constructed are as follows:
Shape, grade, pave and shoulder the above described road, and pave
primary driveway approaches within the rights-of-way;
We request that the following materials be used:
Two inches of asphalt pavement, 24' wide; and 2" of aggregate
shoulders, 4' wide;
The specific manner of assessments we recommend is as follows:
The property owners be assessed equally per each of the 40 lots
described as follows:
Lots 1 thru 11, Lots 18 and 19, Lots 23 and 24, and Lots 37
thru 43 of Johnson Subdivision as recorded under Reception
Number 1426164, and Lots 12 thru 17, Lots 25 thru 36 of
Johnson Subdivision First Addition as recorded under Reception
Number 1540736.
We estimate the cost to be $1, 237.50 per lot.
9_c1E9
The specific manner of payment we recommend is as follows:
The estimated $1,237.50 per lot be paid in full without interest, or
over a 10-year period, at an interest rate of 8%, with the principal
being divided into 10 equal annual payments, and the interest
computed to the unpaid balance.
We further understand and acknowledge that we are to be responsible,
individually, for any grading or, other adjustments to our driveways and
culverts necessitated by such project.
Do not sign this petition unless you are an "owner" of real property
benefitting from the project and requesting to be assessed costs of the
improvements. An owner is a person holding fee title to real property.
You are an "owner" if you hold a contract to purchase real property which
obligates you to pay general taxes on that property. In that instance,
the seller may not sign this petition. CRS , 30-20-602(3) and 603(3) .
SIGNATURE MAILING DESCRIPTION DATE OF IS THIS
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Title WITHIN A
MUNICIPALITY?
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PETITION FOR LOCAL IMPROVEMENT DISTRICT
TO: Board of County Commissioners
Weld County, Colorado
P. 0. Box 758
Greeley, Colorado 80632
We, the undersigned citizens of Weld County, who are owners of
record of real property, propose to be assessed the costs of paving, and
which property will benefit from improvement of:
38th Ave. between W. 4th St. and 40th Ave. ,
40th Ave. between W. 4th St. and 'B' St. ,
'B' St. at its intersection with 40th Ave. ,
and the 40th Ave. cul-de-sac north of W. 4th St. ,
all within Johnson Subdivision and Johnson
Subdivision First Addition;
situated in Weld County, Colorado, do hereby petition the Honorable Board
of County Commissioners of the County of Weld, State of Colorado, for the
formation of a local improvement district pursuant to CRS, 30-20-601, et
seq. We represent that the real property listed in this petition(s) will
be assessed more than one-half of the estimated $49,500 in costs proposed
to be assessed to the local improvement district. Such improvement
district is for the purpose of:
Paving the above described streets;
The specific improvements we wish to have constructed are as follows:
Shape, grade, pave and shoulder the above described road, and pave
primary driveway approaches within the rights-of-way;
We request that the following materials be used:
Two inches of asphalt pavement, 24' wide; and 2" of aggregate
shoulders, 4' wide;
The specific manner of assessments we recommend is as follows:
The property owners be assessed equally per each of the 40 lots
described as follows:
Lots 1 thru 11, Lots 18 and 19, Lots 23 and 24, and Lots 37
thru 43 of Johnson Subdivision as recorded under Reception
Number 1426164, and Lots 12 thru 17, Lots 25 thru 36 of
Johnson Subdivision First Addition as recorded under Reception
Number 1540736.
We estimate the cost to be $1,237.50 per lot.
SIGNATURE MAILING DESCRIPTION DATE OF
IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
PIOPIN A
Title MUNICIPALITY?
STATE OF COLORADO ) AFFIDAVIT OF CIRCULATOR
ss.
COUNTY OF WELD
I, being first duly sworn, depose and say that my address is 4001 B Street,
Greeley. CO 80634 , that I have circulated the within Petition, that each
signature thereon was affixed in my presence, and that each signature thereon is a
signature of the person that it purports to be and that, to the best of my knowledge and
belief, each person signing the petition was, at the time of signing, an "owner" of real
property proposed to be assessed and benefitted.
@La:L J C el a. ) Thelma Pearl Coates
Signature of Circulator Printed Name
SUBSCRIBED AND SWORN to before me this 11th day of February
19 93
WITNESS my hand and official seal. ehinCL71i/bide
N4j 5ry Public
My Commission expires: 2/9/94 (l//
:rd34pet.92
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PETITION FOR LOCAL IMPROVEMENT DISTRICT
TO: Board of County Commissioners
Weld County, Colorado
P. 0. Box 758
Greeley, Colorado 80632
We , the undersigned citizens of Weld County, who are owners of
record of real property, propose to be assessed the costs of paving, and
which property will benefit from improvement of:
38th Ave. between W. 4th St. and 40th Ave. ,
40th Ave. between W. 4th St. and 'B' St. ,
'B' St. at its intersection with 40th Ave. ,
and the 40th Ave. cul-de-sac north of W. 4th St. ,
all within Johnson Subdivision and Johnson
Subdivision First Addition;
situated in Weld County, Colorado, do hereby petition the Honorable Board
of County Commissioners of the County of Weld, State of Colorado, for the
formation of a local improvement district pursuant to CRS, 30-20-601, et
seq. We represent that the real property listed in this petition(s) will
be assessed more than one-half of the estimated $49 ,500 in costs proposed
to be assessed to the local improvement district. Such improvement
district is for the purpose of:
Paving the above described streets;
The specific improvements we wish to have constructed are as follows:
Shape, grade, pave and shoulder the above described road, and pave
primary driveway approaches within the rights-of-way;
We request that the following materials be used:
Two inches of asphalt pavement, 24' wide; and 2" of aggregate
shoulders , 4' wide;
The specific manner of assessments we recommend is as follows:
The property owners be assessed equally per each of the 40 lots
described as follows:
Lots 1 thru 11, Lots 18 and 19 , Lots 23 and 24, and Lots 37
thru 43 of Johnson Subdivision as recorded under Reception
Number 1426164, and Lots 12 thru 17 , Lots 25 thru 36 of
Johnson Subdivision First Addition as recorded under Reception
Number 1540736 .
We estimate the cost to be $1,237.50 per lot.
SIGNATURE I MAILING I DESCRIPTION DATE OF I IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title
WITHIN A
MUNICIPALITY?
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The specific manner of payment we recommend is as follows : I
The estimated $1,237.50 per lot be paid in full without interest, or
over a 10-year period, at an interest rate of 8% , with the principal
being divided into 10 equal annual payments , and the interest
computed to the unpaid balance.
We further understand and acknowledge that we are to be responsible,
individually, for any grading or other adjustments to our driveways and
culverts necessitated by such project.
Do not sign this petition unless you are an "owner" of real property
benefitting from the project and requesting to be assessed costs of the
improvements. An owner is a person holding fee title to real property.
You are an "owner" if you hold a contract to purchase real property which
obligates you to pay general taxes on that property. In that instance,
the seller may not sign this petition. CRS, 30-20-602(3) and 603(3) .
SIGNATURE MAILING DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title WITHIN A
MUNICIPALITY?
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SIGNATURE MAILING DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title WITHIN A
MUNICIPALITY?
STATE OF COLORADO
ss. AFFIDAVIT OF CIRCULATOR
COUNTY OF WELD )
I , being first duly sworn, depose and say that my address is ul4 4,01Lewe (t_c Xey ,C.
( « k3 , that I have circulated the within Petition, that each
signature thereon was affixed in my presence, and that each signature thereon is a
signature of the person that it purports to be and that, to the best of my knowledge and
belief, each person signing the petition was, at the time of signing, an "owner" of real
property proposed to be assessed and benefitted.
ature of Circulator Printed Name
19
UBSCRIBED AND SWORN to before me this // day of f Z (7rL/7C`C/
WITNESS my hand and official seal. //�
l21 /1 , /c-ta
o 7_ a (/_//99V atary Public
My Commission expires:
:rd34pet.92
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Title WITHIN A
MUNICIPALITY?
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, coo. -31
PETITION FOR LOCAL IMPROVEMENT DISTRICT
TO: Board of County Commissioners
Weld County, Colorado
P. 0. Box 758
Greeley, Colorado 80632
We , the undersigned citizens of Weld County, who are owners of
record of real property, propose to be assessed the costs of paving, and
which property will benefit from improvement of:
38th Ave. between W. 4th St. and 40th Ave. ,
40th Ave. between W. 4th St. and 'B' St. ,
'B' St. at its intersection with 40th Ave. ,
and the 40th Ave. cul-de-sac north of W. 4th St. ,
all within Johnson Subdivision and Johnson
Subdivision First Addition;
situated in Weld County, Colorado, do hereby petition the Honorable Board
of County Commissioners of the County of Weld, State of Colorado, for the
formation of a local improvement district pursuant to CRS, 30-20-601, et
seq. We represent that the real property listed in this petition(s) will
be assessed more than one-half of the estimated $49,500 in costs proposed
to be assessed to the local improvement district. Such improvement
district is for the purpose of:
Paving the above described streets;
The specific improvements we wish to have constructed are as follows:
Shape, grade, pave and shoulder the above described road, and pave
primary driveway approaches within the rights-of-way;
We request that the following materials be used:
Two inches of asphalt pavement, 24' wide; and 2" of aggregate
shoulders, 4' wide;
The specific manner of assessments we recommend is as follows:
The property owners be assessed equally per each of the 40 lots
described as follows:
Lots 1 thru 11, Lots 18 and 19 , Lots 23 and 24, and Lots 37
thru 43 of Johnson Subdivision as recorded under Reception
Number 1426164, and Lots 12 thru 17, Lots 25 thru 36 of
Johnson Subdivision First Addition as recorded under Reception
Number 1540736.
We estimate the cost to be $1,237.50 per lot.
SIGNATURE MAILING DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title WITHIN A
MUNICIPALITY?
STATE OF COLORADO )
ss. AFFIDAVIT OF CIRCULATOR
COUNTY OF WELD )
I , being first duly sworn, depose and say that my address is
2zt '4, "< 4.�_ i ('o re , that I have circulated the within Petition, that each
signature thereon was affixed in my presence, and that each signature thereon is a
signature of the person that it purports to be and that, to the best of my knowledge and
belief, each person signing the petition was, at the time of signing, an "owner" of real
pr2o tperty proposed to be assessed and benefitted. ?�?
_. [ ....c--;-- G I lei 4 „Ate 6,74 n .1ca ✓
Signature of r lator Printed Name
UBSCRIBED AND SWORN to before me this lb day of ,
19 9j.
WITNESS my hand and official seal. ‘12„,,,•—,,L.--_,,a-----"-----
Notary Public
My Commission expires: AllyGrima4-fle.:.7. ;.ca. 30, 1555
:rd34pet. 92
The specific manner of payment we recommend is as follows:
The estimated $1,237.50 per lot be paid in full without interest, or
over a 10-year period, at an interest rate of 8% , with the principal
being divided into 10 equal annual payments, and the interest
computed to the unpaid balance.
We further understand and acknowledge that we are to be responsible,
individually, for any grading or other adjustments to our driveways and
culverts necessitated by such project.
Do not sign this petition unless you are an "owner" of real property
benefitting from the project and requesting to be assessed costs of the
improvements. An owner is a person holding fee title to real property.
You are an "owner" if you hold a contract to purchase real property which
obligates you to pay general taxes on that property. In that instance,
the seller may not sign this petition. CRS , 30-20-602(3) and 603(3) .
SIGNATURE MAILING DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title WITHIN A
MUNICIPALITY?
47./S)/44±11 g
&Pee7P :yi .Te40$0w $c,.b
poIrl 1 d b, S A,2tZ doh 31� F Rst Rdl,�.or a`�/93 1vo
u .4,, 3,P lin ,Lof a7
ab e_DJ,. - - Greeftyi ca . Tfi'iso1 Secb-
,c%is t 4d2 i n'd7 ae X1O
/h e, -e,la- V. 5mrf PO42f / J3
(7Q,LOn?of
STATE OF COLORADO
4 r'�21 ) ss. AFFIDAVIT OF PETITIONER
COUNTY OF D
I , �75 w, /d Q , •S, 2�Z — , being first duly sworn, depose and say
that my address is as set forth above, that I have signed the within Petition, that at
the time I signed the petition I was an "owner" of real property proposed to be assessed
and benefitted.
Signature of Petitioner Printed� Name
SUBSCRIBED AND SWORN to before me this Or` day of /ci 6
19 9
WITNESS my hand and official seal.
Pubb'
My Commission expires:
My Commission Expires May 31, 1993
STATE OF CULUtADO
Abe-Ana) ) ss. AFFIDAVIT OF PETITIONER
COUNTY OF X63 )
I' /t i Z `t 3,• 4 t,,-/Z- , being first duly sworn, depose and say
that my address is as set forth above, that I have signed the within Petition, that at
the time I signed the petition I was an "owner" of real property proposed to be assessed
and benefitted.
✓F1QjF�..v I • ci 7-7 et- 5ez, d/ JA.-/z
Signature of Petitier Printed Name /
SUBSCRIBED AND SWORN to before me this day of 'UF6.
1993 .
WITNESS my hand and official seal. i
ar ub1
My Commission expires:
P1; Co. r,isaa E:piras May 31,1993
:rd38pet.pds
STATE OF COLORADO
, I / ) ss . AFFIDAVIT OF PETITIONER
COUNTY OF WELD-'GN,uglip )
I , L r_1onccc? Efi-r1 <:(hnvct , being first duly sworn, depose and say
that my address is as set forth above , that I have signed the within Petition, that at
the time I signed the petition I was an "owner" of real property proposed to be assessed
and benefitted.
Signature of Petitioner Printed Namef.T
SUBSCRIBED AND SWORN to before me this /O day o J `�
19
WITNESS my hand and official seal.
otar 2:3315;s) Pri M. 'SOYA S
My Commission expires : (,)°. Nary Public,
Stda c! Texas
My Comm. Exp. 6-3CG94
STATE OF COLORADO
ss. AFFIDAVIT OF PETITIONER
COUNTY OF WELD
I, , being first duly sworn, depose and say
that my address is as set forth above, that I have signed the within Petition, that at
the time I signed the petition I was an "owner" of real property proposed to be assessed
and benefitted.
Signature of Petitioner Printed Name
SUBSCRIBED AND SWORN to before me this day of
19
WITNESS my hand and official seal.
Notary Public
My Commission expires :
:rd38pet.pds
The specific manner of payment we recommend is as follows:
The estimated $1,237. 50 per lot be paid in full without interest, or
over a 10-year period, at an interest rate of 8%, with the principal
being divided into 10 equal annual payments, and the interest
computed to the unpaid balance.
We further understand and acknowledge that we are to be responsible,
individually, for any grading or other adjustments to our driveways and
culverts necessitated by such project.
Do not sign this petition unless you are an "owner" of real property
benefitting from the project and requesting to be assessed costs of the
improvements. An owner is a person holding fee title to real property.
You are an "owner" if you hold a contract to purchase real property which
obligates you to pay general taxes on that property. In that instance,
the seller may not sign this petition. CRS, 30-20-602(3) and 603(3) .
•
SIGNATURE I MAILING DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title WITHIN A
MUNICIPALITY?
L1 rl go-A l.ror
EliRS- SC-it -DT
Aye �o tsc7..1 3vb Z/io /93
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
JOHNSON SUBDIVISION IMPROVEMENT DISTRICT
(40TH AVENUE, 38TH AVENUE, B STREET)
DEPARTMENT: Engineering DATE: October 19 , 19
PERSON REQUESTING: Drew Scheltinga, Director of Engineering
Brief Description of the problem/issue:
The residents of Johnson Subdivision have signed a letter of interest for the
creation of an improvement district to pave 38th Avenue, 40th Avenue and "B"
Street. All the work would be within Johnson Subdivision. Twenty-eight out of
40 lots that would be included in the district are represented.
There is a minimal amount of prep work needed. The streets are very wide, and it
appears adequate base course is present. Our preliminary estimate is $38,000.00
which would require an assessment of just under $1,000.00 per lot.
One hundred percent of the cost would be borne by the district. There would be
no participation by Weld County.
I request the Commissioners authorize me to proceed with the district.
What options exist for the Board? (Include consequences, impacts, costs, etc. of
options) :
It is the Commissioners choice whether or not to create the district.
Recommendation to the Board:
There is one negative side to creating a local improvement district in which all
the costs are being paid by the district. That is , the $38,000.00 it will cost
will be taken out of Road and Bridge funds. At the present time, improvement
districts are generating approximately $100,000.00 per year into the Road and
Bridge fund.
I recommend proceeding with the local improvement district.
Ai- ' mEmoRAnDum
ewine ro Clerk to the Board Date February 12 . 1993
COLORADO From Drew Scheltinga, County Engineer
sobject:Agenda Item
Please add the following to the Board's agenda:
"Petition for Local Improvement District (Johnson .Subdivision) "
Appropriate documentation is attached.
DS/pds:ctb2
Attachment
cc: Commissioner Baxter
File Johnson Subdivision
NOT I C E
Docket No. 93-14
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY,
COLORADO, TO BE KNOWN AS WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT
DISTRICT NO. 1993-2, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET
IMPROVEMENTS TO INCLUDE COMPACTION, GRADING, AND PAVING, TOGETHER WITH ANY
NECESSARY INCIDENTALS, TO CERTAIN ROADS THEREIN, AND OF A PUBLIC HEARIN;
THEREON.
All owners of real estate and property hereinafter described and all pere.on
generally, are hereby notified that the Board of County Commissioners of
Weld County, Colorado, has adopted a Resolution declaring its intent td
create a local improvement district within Weld County, Colorado, tc h=
designated as Weld County Johnson Subdivision Local Improvement District No.
1993-2, for the purpose of constructing and installing street itprovements
to include compaction, grading, and paving, together with any necessary
incidentals, and to assess the cost of said improvements as proposed by
petition of owners of the property who would bear more than one-half of the
total proposed assessment within the district, all in accordance with tha
laws of the State of Colorado.
1. All persons are further notified that the kind of improvements
proposed and the streets to be improved are as follows:
38th Avenue between West 4th Street and 40th Avenue, 40th Avenue
between West 4th Street and 'B' Street, 'B' Street at its
intersection with 40th Avenue, and the 40th Avenue cul-de-sac north
of West 4th Street, all within Johnson Subdivision a d Johnson
Subdivision First Addition, in an area north of the City of Greeley,
Colorado.
The improvements include shaping, grading, draining, and paving the
above described roads and installation of primary driveway
approaches.
The major construction quantities consist of 1477 tons of hot
bituminous pavement and 605 tons of aggregate basecourse.
2. The area to be included within the district includes all or portions
of Lots 1 through 11, Lots 18 and 19, Lots 23 and 24, and Lots 37
through 43 of Johnson Subdivision as recorded under Reception Number
1426164, and Lots 12 through 17, Lots 25 through 36 of Johnson
Subdivision, First Addition, as recorded under Reception Number
1540736, all in relation to the 6th P.M. in an unincorporated
portion of Weld County, Colorado, with the exception of Lots 30 and
31 of Johnson Subdivision, First Addition, which are within the City
of Greeley. The District shall also include the rights-of-way of
the County roads described herein.
3. The assessment for said improvements may be paid in ten (10) equal
annual installments of principal with installments of interest on
unpaid installments at an interest rate of eight percent ;8%) simple
interest per annum.
4. The assessment will be due and payable without demand within thirty
(30) days from and after the final publication of a Resolution
assessing the cost of said improvements, against the real property
described herein in Paragraph 2. In the event any assessment
against his or her property is not paid within said thirty (301
days, then the whole cost of the assessment against such property
shall be payable in not more than ten (10) equal, annual
installments of principal with interest on the unpaid installments,
as aforesaid. The first of such installments shall be due and
payable at such time as may be determined in and by the assessing
Resolution and the remainder of said installments shall be due and
payable successively on the same day in each year thereafter, unless
otherwise determined by the Board of County Commissioners, until
they are paid in full .
5. As shown by the estimates of the Weld County Engineer, the total
cost of the street improvements to be assessed against the property
within the district is estimated not to exceed $1,237. 50. This
represents an estimate of the cost of the labor and materials for
installation by contract of the hot bituminous pavement and base
preparation. The Board of County Commissioners, pursuant to Section
30-20-606, Colorado Revised Statutes, has preliminarily found and
determined that each and every described lot or parcel 1,11.
specifically benefit from the proposed improvements based on the
following facts:
A. The market value of each of the properties will increase;
B. The proposed improvements will adapt the property to a. more.
profitable use;
C. There will be an alleviation of fugitive dust, eliminating
the health hazards to the benefitted properties ar.d to users
of the public roads to be improved;
D. 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
E. The proposed improvements will facilitate access to each of
the properties and thereby increase the convenience of the
use of said property.
Based on the findings and determinations of the Board of
County Commissioners, it is intended that all of the costs
of the street improvements will be assessed equally against
all of the above described lots, parcels, and tracts.Property
owners are specifically referred to the schedule of estimated
proposed assessments on file in the Office of the Clerl ti
the Board from which the approximate amount to be assessel
against any particular lot, tract, or parcel of property mac
be determined, but further it is slated that the estimate]
cost per lot is $1, 237.50, based upon the Engineer's cost.
divided equally among the 40 lots, parcels, and tracts.
7I
6. Upon completion of said improvements, or as soon as the total cost
thereof is definitely ascertained, the cost of the total
improvements shall be apportioned equally to each of the above
described lots and parcels. Notice of such apportionment shall be
given and a hearing will he held prior to the adoption of a
Resolution assessing such cost, all as provided by law.
7. Not less than thirty (30) days after the pub' ication of this Nctice,
a Resolution authorizing said improvements will be considered by the
Board of County Commissioners, to-wit: Wednesday, May 19, 1993, at
10:00 a.m. , or at an adjourned meeting thereafter, in the First
Floor Hearing Room of the Weld County Centennial Center, 915 Tenth
Street, Greeley, Colorado.
8. A map, estimate, and schedule showing the approximate amount to be
assessed and all Resolutions and proceedings are on file and can be
seen and examined by any persons at any time during business hours
on or before the date referred to in Paragraph 7.
9. All complaints and objections that may be made in writing concerning
the proposed improvements by the owner or owners of any real
property to be assessed will be heard and considered by the Board of
County Commissioners at the meeting specified above, or at some
adjournment thereof, before final action shall be taken.
10. Creation of the local improvement district may require consent by
the City of Greeley because of the existence of two lots within :he
City.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Shelly K. Miller, Deputy
DATED: April 7, 1993
PUBLISHED: April 15, 1993, in the Windsor Beacon
SLIM north of the City of
4MIy,Colorado.
SONO Mo.03-14
The Improvements
Of A PROPOSITION Include shaping,
TO CREATE A LOCAL grading, draining, and.
IMPROVEMENT paving the above AFFIDAVIT OF PUBLICATION
DISTRICT IN WELD inscribed roads and
COURT,COLORADO, Installation of primary
TO IRE KNOWN AS alMwayapproadies. STATE OF COLORADO
MELO COUNTY s5
J O H N S O N The major construction COUNTY OF WELD
SLBEMINIION LOCAL quantities consist of
IMPROVEMENT 1477 tons of hot
N�O,� ;Q9p.g bfiuminous pavement I, KEITH HANSEN, of said County of Weld, beirg duly
aR f#RIR'SSE tad cos tons of sworn, say that I am publisher of
mortises apsgate basecourse.
$10 INSTALLING
S TREET 2. The area to be WINDSOR BEACON
iypgliBirOEMENTS TO Included within the
e Ar-e-t HI CI c' district Includes all or
COMPACTION , portions of Lots 1 a weekly newspaper having a genera; circulation n said
GRACING, AND through 11, Lots is and County and State, published in the town of WLN-:)SOR.
PAYING, TOGETHER 19,Lots 23 and 24,and in said County and State; and that the notice, of which
WITH ANY Leis 37 through 43 of the annexed i3 a true copy, has been published In said
NECESSARY Johnson Subdivision as
INCIDENTALS, TO recorded under weekly for successive weeks, that the notice
CERTAIN . ROAD. Reception Number was published in the regular and entire issue ot every
THEREIN, AND OF A 1428154, and Lots 12 number of the paper during the period and t.me of
PI SIC HEARING through 17. Lots 25
Tom- through 36 of Johnson publication, and in the newspaper proper and tic t in a
Subdivision, First supplement, and that the first publication of said notice
Altos of real estate Addition, as recorded
was in
lad property hereinafter under Reception �said paper bearing the date of she
described and all Nwttber 1540736, ag In /L rµ
pares generally,are Sedan to the 6th P.M. day of �� 1 / I _ , A.D.. 19`___ and
hseby notified that the in an unincorporated the last publication befring the date cf the
Board of County pot9on of Weld County,
Corarahronere of weld Colorado, with the
County, Colorado, has eseapibn of Lots se tart day of _, A.D. 19_ arid '
adopted a Resolution 31 of Johnson that the said WINDSOR BEACON has been published
desiaring Its Intent to Subdivision, First continuously and uninterruptedly for the period of 5
assts a local Addition, which are P Y
improvement district within the City of consecutive weeks, in said County anc.State, prior to the
within Weld County. Greeley. The District date of first publication of said notice, and the same is a
Colorado, to be shall also include the
designated as- Weld newspaper within the meaning of an Act to reimlate
Wn rights-el-way of the
County Johnson County roads destined printing of legal notices an advertisements, ap roved
Subdivision Local ham. May 18, 1931, and all prior cts Tar as in force.
l rprovemsid District No.
10632,far the purpose 3. The assessment for , /
of constructing and tale MiNyemes may /
installing street loo geld M fee omegas �:�_
improvements to include amsai xulallmems et A.
' P LISHER
Compaction, grading,
and paving, together inaM sets of Itl aliet /e1,,,,(
!(
so wool with any necessary woolinataM tents Subscribt'd rid sworn to before me :.his._ , ___day
�
Incidentals, and to al an Interest rate of of ff 19 _
assess the cost of said z percent (5%) •
improvements as aaaple interest per ) '1 Go ,,
proposed by pain's of mount - h2-'LUY ,_ 4_ —_
owners of the property NOTARY PUBLIC
who would bear more 4.TM assessment will -,
than ona4trf of the total be due and payable , I "/I/.
proposed assessment wfihotd demandwiMM My commission expires
.f__— ._—__
within to district, all in fiSy pm days treat sad
accy0.ydanoe with the rlste final pumas*
lawkttf the Stale of of a Resolution
Coiorado. assessing the mat of
said Inlproveiaeals,
1.M persons are further ass*me real popsy
notified that the kind of deserted herein in
bgovame.s proposed paragraph 2. In the
and the streets to be event any awesome(
1poved are as follows: against his of her
properly is not paid
..30th reseaue between within said thirty(30)
West Ith Street and days, then the white
40th Avenue, 40th osei el gag seseeemee( .
Avenue between West against such pi pesty
4th Rest and'B'Street, sail be payable in not
'B' Street at its more than ten (10)
intersection with 40th equai, annual
Avenue,and the 40th at bovents of ptlnopst
Avenue ad-de-sac north With Interest en 106
of West 4th Street, all rameld katallments,as
within Johnson afeeeeaid. The gra of
Subdivision and Iaeit NtstWments shall
Johnsen Subdivision M'S and payable at
Fast MdMen,H an area seen bine as may be
determined In and by
the assessing assessments on file in
Resolution and the the ate of the Clerk to
remainder of said the Board from which
inslatnents shall be duo the approximate annum
and payable to be assessed against
successively on the any particular lot,tract,
same day in each year or parcel of property
thereafter, unless may be determined,but
otherwise determined by further it Is stated that
the Board of County the estimated cost per
Commissioners, until lot Is$1,237.50,based
they are paid In full. upon the Engineer's
cost divided equally
5. As shown by the among the 40 lots,
estimates of the Weld parcels,and tracts.
County Engineer, the
total cost of the street 6. Upon completion of
improvements to be said Improvements, or
assessed against the as soon as the total cost
property within the thereof Is definitely
district is estimated not ascertained,the cost of
to exceed $1,237.50. the total improvements
This represents an shall be apportioned
estimate of the cost of equally to each of the
the laborand materials above described lots
for installation by and parcels. Notice of
contract of the hot such apportionment
bituminous pavement shall be given and a
and base preparation. hewing will be held prior
The Board of County to the adoption of a
Commissioners, Resolution assessing
pursuant to Section 30- such cost, all as
20-606, Colorado provtiled by law.
Revised Statutes, has
preliminarily found and 7. Not less than thirty
determined that each (30) days after the
and every described lot publication ol this
or parcel will spedficativ Notice, a Resolution
benefit from the authorizing said
proposed improvements improvements will be
based on the following considered by the Board
facts: of County
Commissioners, to-wit:
A.The market value of Wednesday, May 19,
each of the properties. 1993,at 10:00 a.m., or
will increase; at an adjourned meeting
thereafter, In the First
B. The proposed Floor Hearing Room of
improvements wit adept the Weld County
the property to a more Centennial Center, 915
profitable use: Tenth Street, Greeley,
Colorado.
C. There will be an
alleviation of fugitive a. A map,estimate,and
dust, eliminating the schedule showing the
health hazards to the approximate amount to
benefitted properties be assessed and all
and to users of the Resolutions and
public roads to be proceedings are on file
improved; and can be seen and
examined by any
D. The alleviation of persons at any time
fugitive dust will reduce during business hours
maintenance costs to on or before the date
the subject properties referred to in Paragraph
and paving will lessen 7,
the maintenance
required for a public 9. All complaints and
road;and objections that may be
made in writing
E. The proposed concerning the
improvements will proposed improvements
facilitate access to each by the owner or owners
of the properties and of any real property to
thereby increase the be assessed will be
convenience ol the use heard and considered BOARD OF COUNTY
of saidpropery. by the Board of C,puny COMMISSIONERS,
Commissioners at the WELD COUNTY,
Based on the findings meeting specified COLORADO
and determinations of above, or at some
the Board of County adjournment thereof, BY: DONALD D.
Commissioners, it is before final action Mae WARDEN,CLERK TO
Intended that all of the be taken. THE BOARD
costs of the street
improvements will be 10.Creation of the local BY: Shelly K. Miller,
assessed equally Improvement district Deputy
against all of the above may require consent by
deserted lots,parcels, the City of Greeley PWIIshed in the
and tracts.Property because of the wledeer Beacon on
owners we epectilcatiy existence of two lots April IL tees.
refined to the schedule wahm the City.
. . . of estimated proposed
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the
foregoing Notice of Hearing, Docket #93-14, was placed in the United States nail,
postage prepaid, addressed to the following property owners.
DATED this day of C1 elA t 1993.
c
y(_( E
Deloufy Clerk o the Board
Dianne K. Brown Rudolph & Virginia Hiller
208 North 40th Avenue 225 North 40th Avenue
Greeley, CO 80634 Greeley, CO 80634
Marie Carlson Milford & Vivian Johnson
203 North 40th Avenue 201 38th Avenue
Greeley, CO 80634 Greeley, CO 80634
Donald & Patsy Chandler Ronald & Gloria Johnson
209 40th Avenue 222 40th Avenue
Greeley, CO 80634 Greeley, CO 80634
Joseph & Thelma Coates Thomas E. Kisselman
4001 B Street 321 40th Avenue
Greeley, CO 80634 Greeley, CO 80634
Gerald & Bonnie Egan Raymond & Kathleen Larson
315 38th Avenue 120 North 40th Avenue
Greeley, CO 80634 Greeley, CO 80634
Loren & Carol Ford Gerald A. Lewis
105 North 40th Avenue 218 38th Avenue
Greeley, CO 80634 Greeley, Cu 80364
David & Patricia Grauberger Bruce & Dorothy Lindahl
221 38th Avenue 222 North 40th Avenue
Greeley, CO 80634 Greeley, CO 80634
Stanley & Mary Greenwood Lawrence & Sidnia Mackey
210 38th Avenue 108 38th Avenue
Greeley, CO 80634 Greeley, CO 80634
Norrene Halldorson Joshua & Janice McDonald, Jr.
209 38th Avenue L02 40th Avenue
Greeley, CO 80634 Greeley, Cu 80634
James & Beverly Harris, Trustee James & Carol McNulty
Warren & Shari Speer, Trustee 306 40th Avenue
228 40th Avenue Greeley, CO 80634
Greeley, CO 80634
Robert & Muriel Montgomery Gerald & Phala Suppes
117 40th Avenue 302 38th Avenue
Greeley, CO 80634 Greeley, CO 80634
Steven & Sheree Nale Sally Ann Thorson
118 40th Avenue 4007 B Street
Greeley, CO 80634 Greeley, C0 80634
Jim E. Nelson Francis & Marilyn Towns
219 40th Avenue 210 40th Avenue
Greeley, CO 80634 Greeley, C0 80634
Roger & Glenyce Petersen
200 North 35th Avenue, #35
Greeley, CO 80631
Jay & Paula Poulignot
107 40th Avenue
Greeley, CO 80634
Galen & Nancy Raben
3915 B Street
Greeley, CO 80634
Richard & Joyce Redfern
111 38th Avenue
Greeley, CO 80634
Albert & Helen Reitz
307 40th Avenue
Greeley, CO 80634
John & Mildred Roth,
Revocable Trust
3995 B Street
Greeley, CO 80634
Donald & Theresa Sartz
114 38th Avenue
Greeley, CO 80634
Leonard Earl Schmidt
115 North 40th Avenue
Greeley, CO 80634
Douglas & Melinda Schminke
312 38th Avenue
Greeley, CO 80634
Glen R. Shupe
2010 46th Avenue #E-1
Greeley, CO 80634-3200
Brian & Pamela Stoll
320 40th Avenue
Greeley, CO 80634
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