HomeMy WebLinkAbout910352.tiff RESOLUTION
RE: DECLARING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY,
TO BE DESIGNATED AS WELD COUNTY 83RD AVENUE LOCAL IMPROVEMENT DISTRICT N0.
1991-1, ADOPTING DETAILS AND SPECIFICATIONS THEREFORE, ORDERING THE
PUBLICATION AND MAILING NOTICES OF HEARING TO THE OWNERS OF PROPERTY IN
SAID DISTRICT
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, CRS, as amended, certain
local improvements may be initiated by action of the Board of County
Commissioners upon Petition subscribed by 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 portions of Sections 31 and 32, Township 6
North, Range 66 West all in relation to the 6th Principal Meridian in an
unincorporated portion of Weld County, Colorado, in an area generally north and
west of the inhabited portions of Greeley, Weld County, Colorado, alongside the
Cache LaPoudre River and south of "0" Street, also known as Weld County Road 64,
and on either side of 83rd Avenue, also known as Weld County Road 27.
WHEREAS, the Board finds it is in the best interest of the inhabitants of
the area to provide the following improvements to 83rd Avenue, aka Weld County
Road 27, between U.S. Highway 34 Business Route and "0" Street, aka Weld County
Road 64, as follows:
1. Fine grade and pave Weld County Road 27, aka 83rd Avenue, between
U.S. Highway 34 Business Route and "0" Street, aka Weld County Road
64, with a 4" asphalt mat, 24' in width.
WHEREAS, Weld County will provide all administrative, engineering, and base
preparation work separate from the creation of the local improvement district,
which base preparation work shall consist of installation of aggregate base
course on the above described roads, and installation of culverts necessary to
accomplish drainage incident to the road improvements, and
WHEREAS, the Board of County Commissioners will consider all protests and
objections that may be made in connection with the proposed improvements, before
ordering the construction thereof, and
WHEREAS, preliminary plans, specifications, estimates of costs, maps, and
schedules for the proposed improvements have been presented to the Board of
County Commissioners, and
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
WHEREAS, in accordance with Title 30, Article 20, Part 6, it is necessary
that a preliminary order be made, adopting full details and specifications,
describing the materials to be used, determining the number of installments and
time in which the cost of the improvements shall be payable, the rate of interest
to be paid on unpaid and deferred installments, estimate of costs and a schedule
showing approximate amounts to be assessed on the lots and parcels of the
property within the district and those benefitted by the district, and
WHEREAS, this Resolution has been considered at a public meeting of the
Board with informal notice by letter to each of the owners according to the
records of the Weld County Assessor for property located within the proposed
local improvement district, and
WHEREAS, after consideration of the Petition and testimony at the meeting,
it has been determined that the improvements described hereinafter are primarily
for the benefit of the owners of the property described in Exhibits B, C, D, and
E to the petition which are attached hereto and incorporated herein by this
reference, and that the benefits are most equitably shared in the following
manner:
TABLE OF PROPORTIONATE MINED ACREAGE AND COST
PERCENTAGE PROPORTIONATE
OF TOTAL COST
PARCEL NUMBER MINED ACREAGE ACREAGE TO BE ASSESSED
1 (Exhibit B to petition) 103.4 Acres 25% $ 31, 160.00
2 (Exhibit C to petition) 76.1 Acres 19% 23,681.60
3 (Exhibit D to petition) 40.0 Acres 107 12,464.00
4 (Exhibit E to petition) 189.2 Acres 46% $ 57,334.40
408.7 Acres 100% $ 124, 640.00
WHEREAS, the Board of County Commissioners is authorized, pursuant to CRS,
Section 30-20-606(1) , to determine special benefits for the purposes of assessing
particular property within a local improvement district, and
WHEREAS, this Resolution shall constitute the preliminary order required
by the law.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
A. That the Board of County Commissioners of Weld County does hereby
declare its intent to create a local improvement district within the
County, for the construction and installation of the improvements
more particularly described in the notice hereinafter set forth.
B. That the Engineer's reports, together with preliminary details,
specifications, estimates of costs, maps and schedules are hereby
approved and adopted by the Board of County Commissioners for the
proposed use in the construction of the improvements to be made in
the proposed improvement district.
C. That the materials to be used in constructing the proposed
improvements are stated in the notice hereinafter set forth.
D. The assessment to be levied for the improvements shall be due and
payable within thirty (30) days after the effective date of the
assessing resolutions. However, all such assessments may be paid at
the election of the owner, in ten annual installments with the
principal being divided into ten equal annual payments, and the
interest computed to the unpaid balance at an interest rate of nine
percent (9X) simple interest per annum. The first of said
installments of assessment shall be due and payable at such time and
in the same manner as payment of ad valorem property taxes for the
year 1991, (due and payable in 1992) are paid, as will be indicated
in the assessing resolution. The remainder of the annual
installments of assessments and annual payments of interest shall be
due and payable successively at the same time each year thereafter
until all are paid in full.
E. That the property to be assessed for said improvements shall be the
properties specifically benefitted by said improvements and more
particularly described in the notice.
F. The Clerk to the Board shall give notice of the hearing on the
construction of the improvements by publication in one (1) issue of
The New News, said publication to be not less than thirty (30) days
prior to the date of the hearing. In addition, the notice, being a
brief written synopsis for the proposed improvements pursuant to
Section 30-20-603(2) (b) , CRS, shall be delivered or mailed by first
class mail to each property owner within the proposed district. The
delivered or mailed notice shall be made not less than ten (10) days
before the hearing. Said notice shall be in substantially the
following form:
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
(Form of Notice of Hearing)
NOTICE
Docket No. 91-28
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO,
TO BE KNOWN AS WELD COUNTY 83RD AVENUE LOCAL IMPROVEMENT DISTRICT NO. 1991-1, FOR
THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPROVEMENTS TO INCLUDE PAVING,
TOGETHER WITH ANY NECESSARY INCIDENTALS, TO CERTAIN ROADS THEREIN, AND OF A
PUBLIC HEARING THEREON
All owners of real estate and property hereinafter described and all
persons generally, are hereby notified that the Board of County Commissioners of
Weld County, Colorado, has adopted a Resolution declaring its intent to create
a local improvement district within an unincorporated area of Weld County,
Colorado, to be designated as Weld County 83rd Avenue Local Improvement District
No. 1991-1, for the purpose of constructing and installing street improvements
to include fine 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 the 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:
83rd Avenue, aka, Weld County Road
27, from U.S. Highway 34 Business
Route north a distance of 2-1/2 miles
to "0" Street, aka Weld County Road
64.
The improvements include paving the
above described roads.
The major construction quantities
consist of 6, 080 tons of hot
bituminous pavement.
2. The area to be included within the district includes portions of
Sections 31 and 32, Township 6 North, Range 66 West of the 6th P.M. ,
more particularly described in Exhibits B, C, D, and E to the
Petition for Local Improvement District, which Exhibits are attached
hereto and incorporated herein by this reference. The district
shall also include the rights-of-way of the County Road described
herein.
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
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 nine percent (9%) simple
interest per annum.
4. The assessment to be levied for the improvements shall be due and
payable within thirty (30) days after the effective date of the
assessing resolutions. However, all such assessments may be paid at
the election of the owner, in ten annual installments with the
principal being divided into ten equal annual payments, and the
interest computed to the unpaid balance at an interest rate of nine
percent (9%) simple interest per annum. The first of said
installments of assessment shall be due and payable at such time and
in the same manner as payment of ad valorem property taxes for the
year 1991, (due and payable in 1992) are paid, as will be indicated
in the assessing resolution. The remainder of the annual
installments of assessments and annual payments of interest shall be
due and payable successively at the same time each year thereafter
until all 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 $124,640.00. This
represents an estimate of the cost of the labor and materials for
installation by contract of the hot bituminous pavement. The Board
of County Commissioners, pursuant to CRS 30-20-606, has
preliminarily found and determined that each and every described lot
or parcel will 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 and 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.
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
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 most equitably based
on the proportionate share in the following manner:
TABLE OF PROPORTIONATE MINED ACREAGE AND COST
PERCENTAGE PROPORTIONATE
OF TOTAL COST
PARCEL NUMBER MINED ACREAGE ACREAGE TO BE ASSESSED
1 (Exhibit B to petition) 103.4 Acres 257 $ 31, 160.00
'2 (Exhibit C to petition) 76.1 Acres 197 23,681.60
3 (Exhibit D to petition) 40.0 Acres 107 12, 464.00
4 (Exhibit E to petition) 189.2 Acres 467 $ 57,334.40
408.7 Acres 1007 $ 124, 640.00
Property owners are specifically referred to the schedule of
estimated proposed assessments on file in the Office of the
Clerk to the Board from which the approximate amount to be
assessed against any particular lot, tract, or parcel of
property may be determined, but further it is stated that the
estimated cost per lot is based upon the Engineer's
determination of total mined acreage in each of the parcels.
IT IS AGREED AS FOLLOWS: IT IS FURTHER STATED AS THE INTENT
OF THE BOARD OF COUNTY COMMISSIONERS THAT, SHOULD THE COST OF
INSTALLATION OF HOT BITUMINOUS PAVEMENT EXCEED THE TOTAL
AMOUNT OF $124, 640.00, EXCLUDING INTEREST OR PENALTIES, THE
COUNTY OF WELD WILL ASSUME PAYMENT OF THE EXCESS.
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 to each of the above described
lots and parcels. Notice of such apportionment shall be given and
a hearing will be 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 publication of this Notice,
a resolution authorizing said improvements will be considered by the
Board of County Commissioners, to-wit: Wednesday, June 19, 1991, 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.
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Carol A. Harding, Deputy
ATTACHMENTS
DATED: May 8, 1991
PUBLISHED: May 16, 1991, in The New News
G. The Board of County Commissioners, pursuant to CRS, 30-20-606,
hereby finds and determines that each of the herein 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 be a more
profitable use;
3. 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;
4. 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
5. The proposed improvements will facilitate access to the
properties and thereby increase the convenience of use of said
properties.
910352
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RE: INTENT TO CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
Based on the findings and determinations of the preceding paragraph,
it is intended that all of the costs of the street improvements will
be assessed against each of the herein described parcels.
H. It is the estimate of the Board of County Commissioners that the
cost of the paving to be assessed the landowners within the district
will be $124,640.00, to be apportioned in accordance with the
Exhibits attached hereto; and it is the intent of the Board of
County Commissioners that the assessment to the district as a whole
will not exceed $124, 640.00
I. All resolutions, or parts thereof, in conflict with the provisions
hereof be, and the same hereby are, repealed.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of May, A.D. , 1991.
ATTEST: /01147BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
Weld County Clerk to the Board 0401
Goer. . . L y airman
By: 3641 4
Deputy Clerk to the Boa Geo ge Kenn dy, ro-Tem
APPROVED AAS 0 FORM: p
�L'�2 0 � onstance L. Harb r
/49
/71,4"6"/
County Attorney C. W. Kirby W. A. Webster
1 it0 �
ATTACHMENTS
910352
EXHIBIT B
LEGAL DESCRIPTION - PARCEL 1
The Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4), the South
Half of the Northwest Quarter (S1/2 NW1/4), the North Half of the
Southwest Quarter (N1/2 SW1/4), the Northwest Quarter of the Southeast
Quarter (NW1/4 SE1/4) and the Southwest Quarter of the Northeast Quarter
(SW1/4 NE1/4) of Section Thirty-one (31), in Township Six (6) North, of
Range Sixty-six (66) West of the 6th P.M. , County of Weld, State of
Colorado.
EXCEPTING therefrom that portion conveyed to the County of Weld by Deed
recorded March 18, 1916, in Book 429 at Page 512, Weld County Records,
being a strip of land 30 feet wide along the Western boundary of the NW1/4
of the SW1/4 and the W1/2 of the NW1/4.
ALSO EXCEPTING therefrom that portion of the WI/2 of the NW1/4 as conveyed
to A. B. Owen by Deed recorded January 7, 1941, in Book 1072 at Page 600,
Weld County Records.
ALSO EXCEPTING therefrom that portion of the SW1/4 of the NE1/4 as
conveyed to Von Trotha Brothers, Inc. , by Deed recorded July 25, 1957, in
Book 1482 at Page 236, Weld County Records.
ALSO EXCEPTING therefrom that portion of the SW1/4 of the NE1/4, the NW1/4
of the SE1/4, the NE1/4 of the SW1/4, and the SE1/4 of the NW1/4,
described in this document as EXHIBIT C titled Legal Description Parcel 2.
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EXHIBIT C
LEGAL DESCRIPTION - PARCEL 2
A tract of land being in part of the Southwest Quarter of the Northeast
Quarter (SW1/4 NE1/4) , the Northwest Quarter of the Southeast Quarter
(NW1/4 SE1/4) , the Northeast Quarter of the Southwest Quarter (NE1/4
SW1/4) , and the Southeast Quarter of the Northwest Quarter (SE1/4 NW1/4)
of Section 31, Township 6 North, Range 66 West of the 6th Principal
Meridian, Weld County, Colorado, and being more particularly described as
follows:
Beginning at the Southeast corner of the Northwest Quarter of the
Southeast Quarter (NW1/4 SE1/4) of Section 31, and considering the South
line of the Northwest Quarter of the Southeast Quarter (NW1/4 SE1/4) to
bear due West, with all other bearings contained herein being relative
thereto;
Thence due West along the South line of the Northwest Quarter of the
Southeast Quarter (NW1/4 SE1/4) and along the South line of the Northeast
Quarter of the Southwest Quarter (NE1/4 SW1/4) due West to the Jones
Ditch;
Thence in a Northwesterly direction along the Jones Ditch approximately
330.00 feet to a point;
Thence along a random line that separates Mining Phase IV and Mining Phase
VI from the rest of the Mining Plan as illustrated in the Use By Special
Review Permits titled Hall Irwin Construction Company, Herbst Pit,
Application for Use By Special Review Permit, Weld County. Colorado,
February, 1989, also known as Weld County Use By Special Review No. 875,
the following three courses and distances:
North 40° East, 1,120.00 feet;
North 13° East, 800.00 feet;
North 47° East, 890.00 feet to a point in the center of the
Cache La Poudre River;
Thence in an Easterly direction along the meandor of the Cache La Poudre
River approximately 920.00 feet to a point on the East line of the
Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) ;
Thence South along the East line of the Southwest Quarter of the Northeast
Quarter (SW1/4 NE1/4) and the East line of the Northwest Quarter of the
Southeast Quarter (NW1/4 SE1/4) to the point of beginning.
:z83e
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EXHIBIT D
LEGAL DESCRIPTION - PARCEL 3
A tract of land being the Northeast Quarter to the Southeast Quarter
(NE1/4 SE1/4) and all that part o£ the Southeast Quarter of the Northeast
Quarter (SE1/4 NE1/4) of said Section Section 31, which lies South of the
Cache La Poudre River, all in Township 6 North, Range 66 West of the 6th
Principal Meridian, County of Weld, State of Colorado, and being more
particularly described as follows:
Commencing at the Northeast corner of said Section 31 and considering the
East line of said Section 31 to bear South 01° 20'22" West, with all other
bearings contained being relative thereto;
Thence South 01° 20'22" West, 2349.72 feet to the true point of beginning;
Thence South 01° 20' 22" West, 1625.83 feet to the Southeast corner of
said Northeast Quarter of the Southeast Quarter;
Thence South 88° 33'23" West, 1421.84 feet to the Southwest corner of said
Northeast Quarter of the Southeast Quarter;
Thence North 02° 28'54" East, 2098.57 feet to a point on the South Bank of
the Cache La Poudre River;
Thence Easterly along said South Bank by the following six (6) courses:
South 71° 51 '41" East, 19.92 feet;
South 87° 39'23" East, 227.27 feet;
North 71° 00'28" East, 418.35 feet;
North 88° 49'43" East, 159.80 feet;
South 43° 29'31" East, 537.64 feet;
South 49° 21'03" East, 259.84 feet to the true point of
beginning.
0 352
EXHIBIT E
LEGAL DESCRIPTION - PARCEL 4
Covering the Land in the State of Colorado, County of Weld, described as:
All that part of the North Half and the North Half of the South Half
(N1/2 & N1/2 S1/2) of Section 32, Township 6 North, Range 66 West of the
6th P.M. lying North of the Cache La Poudre River and West of the
following described line:
COMMENCING at the Northeast corner of said Section 32 and considering the
North line o£ said Section 32 to bear N 90° 00' 00"W and with all other
bearings described herein being relative thereto; thence N90° 00'00"W
along the North line of said Section 32 a distance of 1,918.10 feet to
the TRUE POINT OF BEGINNING; thence SOOa 45'07"E, 1,140.00 feet, more or
less to the existing center of the Cache La Poudre River and the terminus
of the line; EXCEPT that parcel of land as conveyed to Roxena Von Trotha
by Warranty Deed dated November 18, 1965, and recorded November 24, 1965,
in Book 554 as Reception No. 1476288, Weld County Records, EXCEPT that
parcel of land as conveyed to D and E Investment Company by Quit claim
Deed dated November 27, 1974, and recorded November 29, 1974, in Book 727
as Reception No. 1649367, Weld County Records.
EXCEPT that parcel o£ land conveyed to Weld County, Colorado, a Body
Corporate and Politic in Warranty Deed recorded June 12, 1980, in Book 905
as Reception No. 1827326, described as follows:
A tract of land in the West Half (W1/2) of Section 32, Township 6 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, and being more
particularly described as follows:
BEGINNING at the Northwest corner of Section 32 and running along the West
line of Section 32 SO° 00'19"W, 2,249 feet more or less to the center of
the Cache La Poudre River;
thence S71° 00'00"E along the center of the Cache La Poudre River 31.73
feet to the East right-of-way line of Weld County Road 27 to the POINT OF
BEGINNING;
thence S71° E along the center of the Cache La Poudre River 8.85 feet to a
point;
thence NO° 45'56"W, 622.93 feet to a point on the East right-of-way line
of Weld County Road 27;
thence along the East right-o£-way line of Weld County Road 27, SO°
00'19"W, 619.99 feet to the TRUE POINT OF BEGINNING.
910352
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