HomeMy WebLinkAbout910406.tiff RESOLUTION
RE: CREATION OF WELD COUNTY 83RD AVENUE LOCAL IMPROVEMENT DISTRICT NO. 1991-1
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, which
Petition is in the record herein and incorporated by this reference, 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 and
property owners 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:
A. 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, if any are
necessary to accomplish drainage incident to the road improvements, and
WHEREAS, plans, specifications, estimates of costs, maps, and schedules for
the improvements have been presented to the Board of County Commissioners, 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 New News, 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
910406
Page 2
RE: CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
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 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 83rd Avenue
Local Improvement District No. 1991-1, and the construction and installation
therein of certain improvements, said improvements being found to be in the best
interests of the property owners and inhabitants of the area.
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 10% 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.
910406
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RE: CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado:
A. That the Board of County Commissioners of Weld County does hereby
create a local improvement district within the County, for the
construction and installation of the improvements more particularly
described as follows:
83rd Avenue, aka Weld County Road 27, from
U.S. Highway 34 Business Route north a
distance of 2i 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.
B. That the Engineer's plans, specifications, and reports are hereby
approved and adopted by the Board of County Commissioners.
C. 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.
D. That the property to be assessed for said improvements shall be the
properties specifically benefitted by said improvements in portions
of Sections 31 and 31, Township 6 North, Range 66 West of the 6th
P.M. , and more particularly described in Exhibits B, C, D, and E to
the Petition, which are incorporated herein by this reference.
910406
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RE: CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
E. 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 a
proportionate share of mining traffic 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 252 $ 31, 160.00
2 (Exhibit C to petition) 76.1 Acres 197 23,681.60
3 (Exhibit D to petition) 40.0 Acres 102 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 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.
F. 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.
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;
910406
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RE: CREATE 83RD AVENUE LOCAL IMPROVEMENT DISTRICT
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.
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 a following v to on the 19th day of June, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� WELD CO TY OLO DO
Weld County Clerk to the Board
Go a , airman
By: dia t)
Deputy Cl rk to the Board Geor e Kennedy, Pro-Tem��
APPROVED TO FORM: .� �o
GT'onstance L. Harbert
County Attorney C. W K rby
beffq
W. H. Webster
ATTACHMENTS
910406
7 -; CONNTY
CC: . ZIC',ERS
r791 r7 10 f.!! (?. 21
PETITION FOR LOCAL IMPROVEMENT DISTRICT
CLEF-:;
TO THE
T0: Board of County Commissioners
Weld County, Colorado
P. O. Box 758
Greeley, Colorado 80632
We, the undersigned, who are owners of record of real property,
propose to be assessed for the cost of asphalt for the project, and which
property will benefit from improvements of:
83rd Avenue (aka Weld County Road 27) between U.S . 34 Business route
and "0" Street (aka Weld County Road 64) ;
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 will be
assessed more than one-half of the $124,640 in costs proposed to be
assessed to the local improvement district. Such improvement district is
for the purpose of:
Road paving;
The specific improvements we wish to have constructed are as follows:
Pave the above described road;
91.04e6
Fr 1,;A;.-4-
We request that the following materials be used:
Four inches of asphalt pavement, 24' wide;
We understand that base construction and shoulder work will be performed
by Weld County and will not be assessed against the properties. We also
understand that the paving of 83rd Avenue, by means of this local
improvement district, will satisfy Use By Special Review requirements that
83rd Avenue be improved prior to use as a haul route.
The specific manner of assessments we recommend is as follows:
The district will consist of four parcels of property illustrated on
Exhibit "A" (titled 83rd Avenue Improvement District Parcel Map) ,
and described in Exhibits "B" thru "E" (titled Legal Description
Parcel 1 thru Legal Description Parcel 4 respectively) .
Each parcel is to be assessed a proportionate cost, based on the
acreage of the open-cut gravel mines, as illustrated on the mining
plans submitted to Weld County for Use By Special Review Permits,
titled as follows:
Hall-Irwin Construction Company
Herbst Pit
Application for a Use By Special Review Permit in
Weld County, Colorado
February, 1989
91.01-1/1-. r�
Hall-Irwin Construction Company
83rd Avenue Development
Application for a Mining Use By Special Review Permit
Weld County, Colorado
August, 1990
C & M Companies
W W Farm Pit
Application for a Mining Use By Special Review Permit
Weld County, Colorado
August, 1989
The mined acreage, percentage of total mined acreage, and
proportionate cost to be assessed for each parcel is illustrated on
Exhibit "F" (titled Proportionate Mined Acreage and Cost) .
We request that the cost of the improvements not exceed $124,640;
The specific manner of payment we recommend is as follows:
Each parcel of land would be assessed in accordance with
Exhibit "F" and would pay over a 10-year period, at an interest
rate of 98, with the principal being divided into 10 equal annual
payments, and the interest computed to the unpaid balance.
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?
Hall-Irwin P.O. Box 659 Exhibit F
Construction Co. Greeley, CO Parcel 1, 2 & 3 3/14/91 No
80632
M/)
C & M Companies P.O. Box 49Ci Exhibit F
Niwot, CO Parcel 4 4/19/91 No
8544 80544 �
D
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STATE OF COLORADO )
) ss. AFFIDAVIT OF CIRCULATOR
COUNTY OF WELD )
I, being /first duly sworn, depose and say that my address is
P0. 6,7115-5 k Grectc. i co , that I have circulated the within Petition, that each
signature thereon wa� 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
operty ropo d be assessed and benefitted.
Drew SCheitlnir
Signature of Circulator Printed Name
SUBSCRIBED AND SWORN to before me this q ui_ day of at{:42_
19 (Al .
WITNESS my hand and official seal. 24 a`LQ.E(X,
ary Public
My Commission expires: oc /g1931
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EXHIBIT A
83rd Avenue Improvement
District Parcel Map
Parcel 4
°0" STREET
Parcel WELD COUNTY R#3. 64
Parcel 3
♦ '� .� X ' 1 • d'•
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1t � •'•Parcel 2
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U.S. 34 BUSINESS ROUTE
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UNITED STATES
= ,DAR"INIEN OF THE INTERIOR •
GECLOGICAL SURVEY'
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 W1/2 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.
atofr4fz
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.
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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 o£ 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.
91_0:19.9
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 o£ the
following described line:
COMMENCING at the Northeast corner of said Section 32 and considering the
North line of 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 323 a distance of 1,918.10 feet to
the TRUE POINT OF BEGINNING; thence S00 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 of 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-of-way line of Weld County Road 27, SO°
00' 19"W, 619.99 feet to the TRUE POINT OF BEGINNING.
91_fn
EXHIBIT F
TABLE OF
PROPORTIONATE MINED ACREAGE AND COST
PARCEL MINED PERCENTAGE PROPORTIONATE
NUMBER ACREAGE OF TOTAL COST TO BE
MINED ACREAGE ASSESSED
1 103.4 Acres 257 $ 31,160.00
2 76.1 Acres 197 $ 23,681.60
3 40.0 Acres 107 $ 12,464.00
4 189.2 Acres 467 $ 57,334.40
408.7 Acres 1007 $124,640.00
NOTICE
Docket. Na. 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 withi❑ 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 tc "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.
3. The assessment for said improvements may be paid in ten (10) equal.
annual installments of principal with installments of interest on c.npaid
installments at an interest rate of nine percent (97) 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 (991 simple
interest per annum. The first of said installments of assessment. shall
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Page 2
NOTICE - 83RD AVENUE
be due and payable at such time and in the samee 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; ar,d
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 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, 1.6(. 00
2 (Exhibit C to petition) 76 . 1 Acres 197 23, 681 .60
3 (Exhibit D to petition) 40.0 .Acres 107 12, 461 . 00
4 (Exhibit E to petition) 1.89.2 Acres 467 $ _57, 331..40
408. 7 Acres 1007 $ 12_640.00
Page 3
NOTICE - 83RD AVENUE
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 .o 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.
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
—
The New News Page 9
—
NOTICE
Doc et he 91-28
OF PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICE iN WEI; COUNTY
' CO RAD° TO BE KNOWN AS WELD COUNTY 83RD AVENUE LOCAL,IMPRUVEMEN: DISTRICT'
NO. 991-1 FOR THK PURPOSE OF CONSTRUCTING AND INSTALLING STREET IMPS IVEMENTS
TO CLIKTE PAVING,__TOGETHER WrrH ANY NECESSARY INC.IDENTAIli, TO CERT UN ROADS
THE IN,AND OF A PBLIC HEARING THF.RFroe
owners of real estate and property,hereinafter degC,ribed and all persona generail are hereby
STATE OF COLORADO ) notif ed that the Board of County Connmssioners of Weld County, Colorado, has ado teat Resmduttor.
Improvement
dec ring ita intent to create a local district within an mnmerrporateed s / Weld
')L_s Co y,Colorado,to be designated as Weld County 83rd Avenue Local Improve-it, D.nt air No 19918
COUNTY OF WELD ) .
for urpose of constructing i cting and installing street improvements to include fine gradrt cc paving
toge er with any necessary incidentals, and to assess the cost of said i npru ei:renks prop:sot bt
Peti on of owners of the property who would bear more than one-half of he her prnpo as ssmerit
wi ' the district,all in accordance with the laws of the State of Colaradc
1. All persons are further notified that the kind of improvements crap um -rid th. r i.! be
David S. Reynolds, being duly swor imp ed are as follows:
M3 Avenue aka,Weld County Road 27 front U.S. Highway 34 Bu,ces L n. , roar, : .if 2-
says that he is publisher of 1/2 tes to"0"Street,aka Weld County toad 64.
Th mpmvements include paving the above described roads
The New News, a weekly newspaper Th major construction quantities consist of 6,880 tons of hot bnum.no s
2. The area to be included within the district includes portion .. Se tin nLd hmip 6
published in Keenesburg in said Co No Range 60 West of the 6th P.M., more particularly described m E. ha at, C. 1 t•the
Peti on for'Local In rovement District,which Exhibits are attached here o n maroon; ta
bu n by
and State) that said newspaper has this ee-renee. The district shag alm include the rights-of-way of the "tunt Roo descrde n la
general circulation in said County p3 pie assessment for said improvements on unpaid
al paid m ten ➢It sane . 9 'l n u cola of
❑n i al with installments of interest on ern id installment, t r de= Mild'nits. c n 9!4of
sun a interest per annum
and has been continously and 4. The assessment to he Twice fn the improvements shall be o a c le we r• t %301
uninterruptedly l days after the lfective date of the .assessing resolutions. However all Si el a salmi to paid
p y published therein, at t election of the owner, in het annual installments with' the pro owe imn e untie anal
during a period of at least ann 1 payments, and the interest ,cunt uteri to the unpaid balance mite.to e. rate at preen(
(9%) simple interest per annum. The first of said installments or as essn e in . br th r b al.able
fifty-two consecutive weeks prior and ch tame ani in the same manner n as payment of ad valorem primer'', t e r the 3'1 due
the first publication of the anne> ',able in 19921 are paid, as vL be indicated aymc assessing nveo dr r :he re ' the
ann 1 installments of assessment and annual payments s nt•r 1 r the
sues sanely at the same tune each year thereatte: rind all are pat; al t,
notice; that said newspaper is a 5. As shown ay the estimates of Yie Weld County Engineer, the to ,I m a tats. cuts
to assessed against the propel). within the district is estinat a i, t et•d la a his
newspaper within the meaning of tl repr seats sn estimate of the cost of the labor and material or ma Lan a n coot t• lm`.
act of the General Assembly of LhE hit nous patement. The Beard of County Commissioners curs n • TILL, oh ha,
ppreC manly found and determined that each and every les i d L. e ally
State of Colorado,, entitled "An AC
bene it from tit proposed improve aunts based on the followtn. fads
A. The mwrkt value of each of the properties will incr.aso
t0 regulate the printing of legal B lie ninon=ad Improvements will adapt the property to a mr a do in.
therewill be an alleviating of fu dive dust. Oman ling tln 1:tttl n z. rib to won tted
notices and advertisements and pro canes and ill OSLO'S of the !MAO roads to De unproven.
advertisements, " wI el'he alleviation
he matine of e ante reed dust
wallfor a reduce
ice fro nterd. endr osts t to, sot a oreon n a,ming
amendments thereto; that the nOtiC L The proposed improvements will facilitate aness h each ,f t,-• pn an rt,. anti tit la n tease
of w h i C h the onventence Of the use of said properly.
the annexed 1s d printed B ed on the findings and deternunations of th Board of Count inssi -, it L Luc that
Copy taken from said newspaper, We sall the costs of har mthefol.owing ma met nrpruva merits will tit assessed most et _itatlt hits m. tt p'.rn note
published in said newspaper, and i ghABIE: of P'uPORTR,NATrs MINED ArREAn.e 4Nr t:,:
the regular and entire issue of PIRCEN'1-uhf i t FOH'1` 1.
O1 IOTAI
PAIR EL'.NUMBER FINED ACIiEAGN: Al RF 1GF 7 'E AS: 'lal-
every number thereof , I 1 (Exhibit B to petition) 0;q 6E
1034 Acres 25%
2 (Exhibit C to petition) 76.1 Acres 19W ^'''I 6e
1 (Exhibit D to petition. 40.0 Acres 10X. 1.-;Iu3.0o
once a week for ores 10,1q,4 {Exhibit E to petition-' 189 2 Act es46% $ ._l t t nun
successive weeks; that said notic
Pro ray owners are s ecdically to rr�to thehe s chedule .I e.hnmted pi„p n',� l u
Wail so published in said newspape the Ofre of the Clerk to the Board rpm which the approximate am ur h cxd i r t.l
parties•r lot, tract, or parcel u r L pelt} 'Lai be determined bul for her t tale that Ime
proper and not in any supplement estrmat d cost per lot is (rased u err hL Engineers determination of total mint :.....age w
thereof , and that the first BOAR
IT IS acne ED A.S )Rol I OWS: IT Is EIJR1HE:R ST 1TEL) A T. iN7 i;p E hi P.
B(rAA ,I CS aTiR COMMISSIONI RS THA7 SIiOUiD THI IX)Sr OF IN c 1110 I I l7
13ITUM NOUS PA DEMENT EXCEED HE- TOTAL A[v,IOUNT OE E 60110 1 Xn I rENG r I f C:
publication of sold notice as Olt PE llTIES, 1HFCOUNTYOE WELD WILL ASSUME th PAI I 24NI Ill y 11S
n. or as oon a thin ilai c I I •d f u r
aforesaid, was on the a 6 Pon ccmQl 'ion litaiuiefinrlipci'ements shall be appurhm ed to ash rE th v- d I I
ado pa ,els. Vouti >f sses ng urhomrenl l as be giver. aI. a he•n-.V 0 rLi t-r"
adi. . mf a reap thi tt .10ing wet alter
all a t aided l I
day of ''v l less than e co ider days tie
the P t 1 ahoy mf flu CIM - u
um rov .rents wd be considered hits rte Board cl i Ludy ;em n usrznus t O '1,1:l.d u
y r 19 1 1991 a 19:00 a.in or d m adbmre 1 'neeting In reamer m th Hrs 1 :, Ei Lr a N ;
l'.uuntyy antenunl Can u. 915 tenth it.eet Creme}, C I r da
9 1 map, air to d schedule t YO'g❑ app x t. .0 t t 1.. u t
and the last on the t y rid pr uhr ks t e or ate and car: to seen and x n nn e h1 nc.m r i r r ,
rid of f Rout ri m co its IOL date referred t r a E a; Il PI
U unnn nits aria object]a Ilia: n n b u atit e to a
u nano meri . r» th wry.. of n o: 1n p er? I 1 ,,e c• o
reused led 7 ¢ Huard C B l r! cn (mamasses,. t rip n L
m < r(hour nr lucr i r ! a II II LIIdl b n it 1 w/
.174 LIMEI."
.LATE N 8 1Jl
"'OBI.I BEI NA IN Il IJ9 err I rte.
f.
Subscribed and swain to before I .I OESCI11 its, '-N
is N il ebt. rare n I.hc Not eest Quarter NW1/1 �NlJ4 t a
Dante (Sl/ Mil/4 he Note 'd of the Southwes Quarle, ' I, a.,/ Lra :.I
Otatte if the (arthen t Quarter LSAT/4 NE:1/4 of Sectiou Th¢b r 0 3 _u F O s u-3 r�
m@ this ,2l .si day of 11/A0.e. , el Ran Sixty-sr: •66 wes,of the Oh P M., County or Weld, State ca ol,:,e EXCE [INC therefrom that portion nveycd to th (can't o Weld 1 r)cs n r Nl: i
in Boo 429 r, Page .12, Weld County Records being a st rp at lit of i e w n ,i,la t.
19� ound•t of the NWl/4 of the SW1/4 -.rd the Wl/2 of re NWl/1
AISD XCEPTIEG therefrom that portion of the Wl/2 ul th NWlr4 a: .Jelr Ly e r,, i I y
Deed corded January 7, 1941,in Boot 1072 at Page 600 Weld County he, d
ALSO EXCEPTING tnerefrom that portion of the SW1/4 of the N1/4 e t L.sl a, r 1 ha
/C, tl� eC )a' s k.-_µ Broths ['Limn, by Deed recorded July 5. 1957 in Book 1482 at Page 236 W'L d coo. t fRecta a ti
IYM in K ALSO of CET SING therefrom the that f the oh' the SWL4 0( the NLl'4 U NV.1 of the ] 1 me
Legal a the SWI/4, and the SEI/^ of the NWI/4, described m this c�oruaam chtUl Ulm(
Legal escription Parcel 2.
It • ,r;.cLC 1s^prrl- I'.1C,C-
I,EG L F R'[a4C-P �R ,4 2 ar �J-}
A d as t�d Ib TN
E t d tea, ►.
• ab Pitt:
mast corner d the urthwest meter d the er of the rear t(NW1/4Quart r (NW of
GQ W P
o and
due
West,w tae Saga ri tae NOrined h rein Quarter d the theist Quarter (N 1/
Thence
d beer due West,with all deer he rings contained herein he relative st thereto:
Thence due Went along the the
lined Northwest Quarter a the Quarter
(N 174 SWr (NWl/4 West
to
and along the h; line d the Northeast rear d the Southwest Quarter(NED4 SWl/1) due Wrst to
the Jane a Nor
Thence al a Northwesterly direction se o the Jones Ditch i and Mining
390.00 lest toe point;
Thence along a random line that senora Minas Phase IV and Mining Phase a 4trwi the red uc the
Mining Plan as Pit.illustrated to the Use IBY Serial Review ,tor fitted HALL Irwin o,Febniaian
Company,lso lHerbstmown as Ae�tieatlo for Use y Special Review PerNo. 87 Weld Colorado,c February,
B also known sa We County Use Speeal Review No. 87�, the Coll three courses and
distances: �tl� ������rreeae�a ���yp�pp
Nail reesI igar Best:
North 47 Degrees East,880.00 feet a point tla center tithe ache a Poudre River;
Thence in an Easterly direction along the meandr of the ache La Poudre Riveracme:920.00
feet a print on the East line a the Sou wed Quarter Quarter
the Nor stgu�,natter N '
t Thence tWlineth along
of East line
Quar4 t of the C Southeast Quarter (WW the N "1� SE1/4S t1/4
4the point of
hegamn8. EXHIBIT D
LEGAL ESCRIPTION-PARCEL 3
A tract of land being the Northeast Qua r to the Southeast Quarter (NEl/4 SE]/4) and an that part
of the Southeast Quarter of the Northe.s Quarter (SEl/4 NE174) of said Section Sedan 31, which Iles
South of the ache la Poudre Rlvar a in Townuai a North, Range e$ Wed d.the &h Pratcipal
Meridian,County d Weld,State d Cotora o and peudp more particularly described as follows:
Commencingear Soul 0 20 Northeastwicitthmu d Section Sl and cordaW be re�e Um line d said Section 31
Thence Southh al 20'22"West,2349.72 feet the true point d VnaeW
Thence South 01'20' 22" West, 1625.83 f t to the Southeast corner of said Northeast Quarter of the
Southeast Quarter;
Thence South 88.33'23" West, 1421.84 f t to the Southeast corner of said Northeast Quarter of the
Southeast Quarter:
Thence North •WM'54"rat 2088.57 feet to a point on the South Bank of the ache la Poudre River;
Thence Easterly along said South Bank b the following six (6) courses:
South 71 5141"East,79.92 feet;
South 87_39'23"East,227.27 feet;
North 71 00'28"East,416.35 feet;
Souceth 88 th 43'29'31"East;5'377.64 feet;
South 49'21'03"East,259.84 feet to the point of
beginning.
EXHIBLEGAL ESCRIPTIONEE—PARCEL 4
Covering the land in the State of Colors County of Weld described as:
All that part of the North Half and the orth Half of the South Hall (NI/2&Nl/2 Sl/2) of Section 32
Township 6 North, Range 66 West of the dip.m. lying North of the Cache La Poudre Myer and West
of the following described line:
COMMENCING at the Northeast corner said section 32 and coraidermg the North line d said o
32 ta bear N 90 00' 00"W and with all r bearings described herein belna relativ ttaheerdo- tt e
N90"00BOW aloe the North line d said 'on 32,a distance d 1918.10 feet to the'1gRUE POINT OF
BEGINNING: Vience 580'4.5'07"E, 1,140; feet, more or less to the existing center d the acne La
oudre River and the terminus of the ' EXCEPT tart parcel of land as conveyed to Roans Von
frotha by Warranty Deed dated Novem r 18, 1961,_and recorded November 24, 1982 in Book 554 as
teceuDtio No. 1478288 Weld County rds, EXCEPT that parcel of land as conveyed to D and E
nvestment Company by Quit claim peed dated November 27,1974,and recorded November 29,1974,in
3ook 717 as Reception No. 1649387,Weld jy Recorda.
•XCEPT that parcel of land conveyed to Weld County, Colorado, a Body Corporate and Politic in
Narranty Deed recorded June 12,19M Book 905 as ReceptionNo. 1817328,described as follows:
A tract of and in the West liaff (Wt/2 of Section 3R Township 8 N Range 86 West d the 6th
BEGINNING
Weld County,Colorado,and being ore partiCularf described aas¢f ows:
00.19"W IN,2W feet more or Northwest
tss to the tear of the Cache Lea Poudre Myer;West line d Section 32 Ste'
theme 371 00'09"E a the Vie
d Poudre River 31.73 feet a the East Mg,lokn'av 27 kne t�On II,
r.:\-17 A
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 83rd
Avenue Local Improvement District No. 1991-1.
George Hall, President
Hall-Irwin Construction Company
P.O. Box 659
Greeley, CO 80632
C & M Companies
P.O. Box 490
N:iwot, CO 80544
DATED this s R(112-Iday of ---4 / 1./22,>,-- , 1991.
Deputy Cler o the Board
Hello